HB 1003-5_ Filed 02/20/2001, 08:55
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that House Bill 1003 be amended to read as follows:
SOURCE: Page 6, line 12; (01)MO100304.6. -->
Page 6, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 6-1.1-18-3; (01)MO100304.4. -->
"SECTION 4.
IC 6-1.1-18-3
, AS AMENDED BY P.L.273-1999,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 3. (a) Except as provided in subsection (b),
the sum of all tax rates for all political subdivisions imposed on
tangible property within a political subdivision may not exceed:
(1) forty-one and sixty-seven hundredths cents ($0.4167) on each
one hundred dollars ($100) of assessed valuation in territory
outside the corporate limits of a city or town; or
(2) sixty-six and sixty-seven hundredths cents ($0.6667) on each
one hundred dollars ($100) of assessed valuation in territory
inside the corporate limits of a city or town.
(b) The proper officers of a political subdivision shall fix tax rates
which are sufficient to provide funds for the purposes itemized in this
subsection. The portion of a tax rate fixed by a political subdivision
shall not be considered in computing the tax rate limits prescribed in
subsection (a) if that portion is to be used for one (1) of the following
purposes:
(1) To pay the principal or interest on a funding, refunding, or
judgment funding obligation of the political subdivision.
(2) To pay the principal or interest on an outstanding obligation
issued by the political subdivision if notice of the sale of the
obligation was published before March 9, 1937.
(3) To pay the principal or interest upon:
(A) an obligation issued by the political subdivision to meet an
emergency which results from a flood, fire, pestilence, war, or
any other major disaster; or
(B) a note issued under
IC 36-2-6-18
,
IC 36-3-4-22
,
IC 36-4-6-20
, or IC 36-5-2-11 to enable a city, town, or
county to acquire necessary equipment or facilities for
municipal or county government.
(4) To pay the principal or interest upon an obligation issued in
the manner provided in
IC 6-1.1-20-3
(before its repeal) or
IC 6-1.1-20-3.1
through
IC 6-1.1-20-3.2.
(5) To pay a judgment rendered against the political subdivision.
(6) To meet the requirements of the family and children's fund for
child services (as defined in IC 12-19-7-1).
(7) (6) To meet the requirements of the county hospital care for
the indigent fund.
(c) Except as otherwise provided in
IC 6-1.1-19
or
IC 6-1.1-18.5
, a
county board of tax adjustment, a county auditor, or the state board of
tax commissioners may review the portion of a tax rate described in
subsection (b) only to determine if it exceeds the portion actually
needed to provide for one (1) of the purposes itemized in that
subsection.".
Page 12, between lines 21 and 22, begin a new paragraph and
insert:
SOURCE: IC 6-1.1-18.5-9.7; (01)MO100304.8. -->
"SECTION 8.
IC 6-1.1-18.5-9.7
, AS AMENDED BY P.L.273-1999,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 9.7. (a) The ad valorem property tax levy
limits imposed by section 3 of this chapter do not apply to ad valorem
property taxes imposed under: any of the following:
(1) IC 12-16, except
IC 12-16-1
; or
(2) IC 12-19-5.
(3) IC 12-19-7.
(4) (2)
IC 12-20-24.
(b) For purposes of computing the ad valorem property tax levy
limits imposed under section 3 of this chapter, a county's or township's
ad valorem property tax levy for a particular calendar year does not
include that part of the levy imposed under the citations listed in
subsection (a).
(c) Section 8(b) of this chapter does not apply to bonded
indebtedness that will be repaid through property taxes imposed under
IC 12-19.".
SOURCE: Page 12, line 26; (01)MO100304.12. -->
Page 12, delete lines 26 through 31.
Page 12, line 32, delete "Sec. 2." and insert " Sec. 1.".
Page 12, line 33, delete "provide property tax" and insert " pay child
welfare services and other expenses from county family and
children's funds.".
Page 12, line 34, delete "relief as specified in this chapter.".
Page 13, delete lines 5 through 42.
Delete page 14.
Page 15, delete line 1, begin a new paragraph and insert:
SOURCE: IC 6-1.1-21-2; (01)MO100304.10. -->
"SECTION 10.
IC 6-1.1-21-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 2. As used in this
chapter:
(a) "Taxpayer" means a person who is liable for taxes on property
assessed under this article.
(b) "Taxes" means taxes payable in respect to property assessed
under this article. The term does not include special assessments,
penalties, or interest, but does include any special charges which a
county treasurer combines with all other taxes in the preparation and
delivery of the tax statements required under
IC 6-1.1-22-8
(a).
(c) "Department" means the department of state revenue.
(d) "Auditor's abstract" means the annual report prepared by each
county auditor which, under
IC 6-1.1-22-5
, is to be filed on or before
March 1 of each year with the auditor of state.
(e) "Mobile home assessments" means the assessments of mobile
homes made under
IC 6-1.1-7.
(f) "Postabstract adjustments" means adjustments in taxes made
subsequent to the filing of an auditor's abstract which change
assessments therein or add assessments of omitted property affecting
taxes for such assessment year.
(g) "Total county tax levy" means the sum of:
(1) the remainder of:
(A) the aggregate levy of all taxes for all taxing units in a
county which are to be paid in the county for a stated
assessment year as reflected by the auditor's abstract for the
assessment year, adjusted, however, for any postabstract
adjustments which change the amount of the aggregate levy;
minus
(B) the sum of any increases in property tax levies of taxing
units of the county that result from appeals described in:
(i)
IC 6-1.1-18.5-13
(5) and
IC 6-1.1-18.5-13
(6) filed after
December 31, 1982; plus
(ii) the sum of any increases in property tax levies of taxing
units of the county that result from any other appeals
described in
IC 6-1.1-18.5-13
filed after December 31,
1983;
plus
(iii) IC 6-1.1-18.6-3 (children in need of services and
delinquent children who are wards of the county); minus
(C) the total amount of property taxes imposed for the stated
assessment year by the taxing units of the county under the
authority of
IC 12-1-11.5
(repealed),
IC 12-2-4.5
(repealed),
IC 12-19-5
(repealed), or
IC 12-20-24
; minus
(D) the total amount of property taxes to be paid during the
stated assessment year that will be used to pay for interest or
principal due on debt that:
(i) is entered into after December 31, 1983;
(ii) is not debt that is issued under
IC 5-1-5
to refund debt
incurred before January 1, 1984; and
(iii) does not constitute debt entered into for the purpose of
building, repairing, or altering school buildings for which
the requirements of
IC 20-5-52
were satisfied prior to
January 1, 1984; minus
(E) the amount of property taxes imposed in the county for the
stated assessment year under the authority of
IC 21-2-6
(repealed) or any citation listed in
IC 6-1.1-18.5-9.8
for a
cumulative building fund whose property tax rate was initially
established or reestablished for a stated assessment year that
succeeds the 1983 stated assessment year; minus
(F) the remainder of:
(i) the total property taxes imposed in the county for the
stated assessment year under authority of
IC 21-2-6
(repealed) or any citation listed in
IC 6-1.1-18.5-9.8
for a
cumulative building fund whose property tax rate was not
initially established or reestablished for a stated assessment
year that succeeds the 1983 stated assessment year; minus
(ii) the total property taxes imposed in the county for the
1984 stated assessment year under the authority of
IC 21-2-6
(repealed) or any citation listed in
IC 6-1.1-18.5-9.8
for a
cumulative building fund whose property tax rate was not
initially established or reestablished for a stated assessment
year that succeeds the 1983 stated assessment year; minus
(G) the amount of property taxes imposed in the county for the
stated assessment year under:
(i)
IC 21-2-15
for a capital projects fund; plus
(ii)
IC 6-1.1-19-10
for a racial balance fund; plus
(iii)
IC 20-14-13
for a library capital projects fund; plus
(iv)
IC 20-5-17.5-3
for an art association fund; plus
(v)
IC 21-2-17
for a special education preschool fund; plus
(vi) an appeal filed under
IC 6-1.1-19-5.1
for an increase in
a school corporation's maximum permissible general fund
levy for certain transfer tuition costs; plus
(vii) an appeal filed under
IC 6-1.1-19-5.4
for an increase in
a school corporation's maximum permissible general fund
levy for transportation operating costs; minus
(H) the amount of property taxes imposed by a school
corporation that is attributable to the passage, after 1983, of a
referendum for an excessive tax levy under
IC 6-1.1-19
,
including any increases in these property taxes that are
attributable to the adjustment set forth in IC 6-1.1-19-1.5(a)
STEP ONE or any other law; minus
(I) for each township in the county, the lesser of:
(i) the sum of the amount determined in
IC 6-1.1-18.5-19
(a) STEP
THREE or IC 6-1.1-18.5-19(b) STEP THREE, whichever is
applicable, plus the part, if any, of the township's ad valorem property
tax levy for calendar year 1989 that represents increases in that levy
that resulted from an appeal described in
IC 6-1.1-18.5-13
(5) filed after
December 31, 1982; or
(ii) the amount of property taxes imposed in the township for
the stated assessment year under the authority of
IC 36-8-13-4
; minus
(J) for each participating unit in a fire protection territory established
under
IC 36-8-19-1
, the amount of property taxes levied by each
participating unit under
IC 36-8-19-8
and
IC 36-8-19-8.5
less the
maximum levy limit for each of the participating units that would have
otherwise been available for fire protection services under
IC 6-1.1-18.5-3
and
IC 6-1.1-18.5-19
for that same year; minus
(K) for each county, the sum of:
(i) the amount of property taxes imposed in the county for
the repayment of loans under IC 12-19-5-6 that is included
in the amount determined under IC 12-19-7-4(a) STEP
SEVEN for property taxes payable in 1995; or for property
taxes payable in each year after 1995, the amount
determined under IC 12-19-7-4(b); and
(ii) the amount of property taxes imposed in the county attributable to
appeals granted under IC 6-1.1-18.6-3 that is included in the amount
determined under IC 12-19-7-4(a) STEP SEVEN for property taxes
payable in 1995, or the amount determined under IC 12-19-7-4(b) for
property taxes payable in each year after 1995; plus
(2) all taxes to be paid in the county in respect to mobile home
assessments currently assessed for the year in which the taxes
stated in the abstract are to be paid; plus
(3) the amounts, if any, of county adjusted gross income taxes that
were applied by the taxing units in the county as property tax
replacement credits to reduce the individual levies of the taxing
units for the assessment year, as provided in
IC 6-3.5-1.1
; plus
(4) the amounts, if any, by which the maximum permissible ad
valorem property tax levies of the taxing units of the county were
reduced under
IC 6-1.1-18.5-3
(b) STEP EIGHT for the stated
assessment year; plus
(5) the difference between:
(A) the amount determined in
IC 6-1.1-18.5-3
(e) STEP FOUR;
minus
(B) the amount the civil taxing units' levies were increased
because of the reduction in the civil taxing units' base year
certified shares under
IC 6-1.1-18.5-3
(e).
(h) "December settlement sheet" means the certificate of settlement
filed by the county auditor with the auditor of state, as required under
IC 6-1.1-27-3.
(i) "Tax duplicate" means the roll of property taxes which each
county auditor is required to prepare on or before March 1 of each year
under
IC 6-1.1-22-3.
SOURCE: IC 6-1.1-29-9; (01)MO100304.11. -->
SECTION 11.
IC 6-1.1-29-9
, AS AMENDED BY P.L.273-1999,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 9. (a) A county council may adopt an
ordinance to abolish the county board of tax adjustment. This ordinance
must be adopted by July 1 and may not be rescinded in the year it is
adopted. Notwithstanding
IC 6-1.1-17
,
IC 6-1.1-18
,
IC 6-1.1-19
,
IC 12-19-7,
IC 21-2-14
,
IC 36-8-6
,
IC 36-8-7
,
IC 36-8-7.5
,
IC 36-8-11
,
IC 36-9-3
,
IC 36-9-4
, and
IC 36-9-13
, if such an ordinance is adopted,
this section governs the treatment of tax rates, tax levies, and budgets
that would otherwise be reviewed by a county board of tax adjustment
under
IC 6-1.1-17.
(b) The time requirements set forth in
IC 6-1.1-17
govern all filings
and notices.
(c) A tax rate, tax levy, or budget that otherwise would be reviewed
by the county board of tax adjustment is considered and must be treated
for all purposes as if the county board of tax adjustment approved the
tax rate, tax levy, or budget. This includes the notice of tax rates that is
required under
IC 6-1.1-17-12.".
SOURCE: Page 17, line 38; (01)MO100304.17. -->
Page 17, line 38, delete "one (1) or both of the following additional".
Page 17, delete line 39.
Page 17, line 40, delete "(1) An" and insert " an".
Page 17, run in lines 38 through 40.
Page 17, line 41, delete "may be imposed".
Page 18, delete lines 2 through 9.
Page 18, delete lines 12 through 23.
Page 19, delete lines 39 through 42.
Page 20, delete lines 1 through 2.
Page 20, line 3, delete "(5)" and insert " (4)".
Page 20, line 4, delete "(4)" and insert " (3)".
Page 24, line 1, after "fund" delete "." and insert "; plus
(5) after December 31, 2002, in the case of a county, an
amount equal to the property taxes imposed by the county in
2002 for the county family and children's fund.
SOURCE: IC 6-3.5-6-17.6; (01)MO100304.28. -->
SECTION 28.
IC 6-3.5-6-17.6
, AS AMENDED BY P.L.273-1999,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 17.6. (a) This section applies to a county
containing a consolidated city.
(b) On or before July 15 of each year, the budget agency shall make
the following calculation:
STEP ONE: Determine the cumulative balance in a county's
account established under section 16 of this chapter as of the end
of the current calendar year.
STEP TWO: Divide the amount estimated under section 17(b) of
this chapter before any adjustments are made under section 17(c)
or 17(d) of this chapter by twelve (12).
STEP THREE: Multiply the STEP TWO amount by three (3).
STEP FOUR: Subtract the amount determined in STEP THREE
from the amount determined in STEP ONE.
(c) For 1995, the budget agency shall certify the STEP FOUR
amount to the county auditor on or before July 15, 1994. Not later than
January 31, 1995, the auditor of state shall distribute the STEP FOUR
amount to the county auditor to be used to retire outstanding
obligations for a qualified economic development tax project (as
defined in
IC 36-7-27-9
).
(d) After 1995, the STEP FOUR amount shall be distributed to the
county auditor in January of the ensuing calendar year. The STEP
FOUR amount shall be distributed by the county auditor to the civil
taxing units within thirty (30) days after the county auditor receives the
distribution. Each civil taxing unit's share equals the STEP FOUR
amount multiplied by the quotient of:
(1) the maximum permissible property tax levy under
IC 6-1.1-18.5
for the civil taxing unit, plus, for a county, an
amount equal to the property taxes imposed by the county in 1999
for the county's welfare administration fund and an amount
equal to the property taxes imposed by the county in 2002 for
the county family and children's fund; divided by
(2) the sum of the maximum permissible property tax levies under
IC 6-1.1-18.5
for all civil taxing units of the county, plus an
amount equal to the property taxes imposed by the county in 1999
for the county's welfare administration fund and an amount
equal to the property taxes imposed by the county in 2002 for
the county family and children's fund.".
SOURCE: Page 24, line 32; (01)MO100304.24. -->
Page 24, line 32, delete "one (1) or both of"
Page 24, delete line 33.
Page 24, line 34, delete "(1) An" and insert "
an".
Page 24, run in lines 32 through 34.
Page 24, line 35, delete "may be imposed".
Page 24, delete lines 38 through 42.
Page 25, delete lines 1 through 3.
Page 25, delete lines 6 through 17.
Page 25, delete lines 32 through 37.
Page 25, line 38, delete "(5)" and insert "
(4)".
Page 25, line 39, delete "(4)" and insert "
(3)".
Page 27, delete lines 40 through 42, begin a new paragraph and
insert:
SOURCE: IC 6-3.5-6-18; (01)MO100304.29. -->
"SECTION 29.
IC 6-3.5-6-18
, AS AMENDED BY P.L.273-1999,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. (a) The revenue a county auditor receives
under this chapter shall be used to:
(1) replace the amount, if any, of property tax revenue lost due to
the allowance of an increased homestead credit providing
property tax relief within the county
under section 13 of this
chapter;
(2) fund the operation of a public communications system and
computer facilities district as provided in an election, if any, made
by the county fiscal body under
IC 36-8-15-19
(b);
(3) fund the operation of a public transportation corporation as
provided in an election, if any, made by the county fiscal body
under
IC 36-9-4-42
;
(4) make payments permitted under
IC 36-7-15.1-17.5
;
(5) make payments permitted under subsection
(I); (i); and
(6) make distributions of distributive shares to the civil taxing
units of a county.
(b) The county auditor shall retain from the payments of the county's
certified distribution, an amount equal to the revenue lost, if any, due
to
the increase of the homestead credit providing property tax relief
within the county
under section 13 of this chapter. This money shall
be distributed to the civil taxing units and school corporations of the
county as though they were property tax collections and in such a
manner that no civil taxing unit or school corporation shall suffer a net
revenue loss due to the allowance of
an increased homestead credit. the
property tax relief.
(c) The county auditor shall retain the amount, if any, specified by
the county fiscal body for a particular calendar year under subsection
(I), (i),
IC 36-7-15.1-17.5
,
IC 36-8-15-19
(b), and
IC 36-9-4-42
from the
county's certified distribution for that same calendar year. The county
auditor shall distribute amounts retained under this subsection to the
county.
(d) All certified distribution revenues that are not retained and
distributed under subsections (b) and (c) shall be distributed to the civil
taxing units of the county as distributive shares.
(e) The amount of distributive shares that each civil taxing unit in
a county is entitled to receive during a month equals the product of the
following:
(1) The amount of revenue that is to be distributed as distributive
shares during that month; multiplied by
(2) A fraction. The numerator of the fraction equals the total
property taxes that are first due and payable to the civil taxing
unit during the calendar year in which the month falls, plus, for a
county, an amount equal to the property taxes imposed by the
county in 1999 for the county's welfare fund and welfare
administration fund and, after December 31, 2002, an amount
equal to the property taxes imposed by the county in 2002 for
the county family and children's fund. The denominator of the
fraction equals the sum of the total property taxes that are first
due and payable to all civil taxing units of the county during the
calendar year in which the month falls, plus an amount equal to
the property taxes imposed by the county in 1999 for the county's
welfare fund and welfare administration fund and, after
December 31, 2002, an amount equal to the property taxes
imposed by the county in 2002 for the county family and
children's fund.
(f) The state board of tax commissioners shall provide each county
auditor with the fractional amount of distributive shares that each civil
taxing unit in the auditor's county is entitled to receive monthly under
this section.
(g) Notwithstanding subsection (e), if a civil taxing unit of an
adopting county does not impose a property tax levy that is first due
and payable in a calendar year in which distributive shares are being
distributed under this section, that civil taxing unit is entitled to receive
a part of the revenue to be distributed as distributive shares under this
section within the county. The fractional amount such a civil taxing
unit is entitled to receive each month during that calendar year equals
the product of the following:
(1) The amount to be distributed as distributive shares during that
month; multiplied by
(2) A fraction. The numerator of the fraction equals the budget of
that civil taxing unit for that calendar year. The denominator of
the fraction equals the aggregate budgets of all civil taxing units
of that county for that calendar year.
(h) If for a calendar year a civil taxing unit is allocated a part of a
county's distributive shares by subsection (g), then the formula used in
subsection (e) to determine all other civil taxing units' distributive
shares shall be changed each month for that same year by reducing the
amount to be distributed as distributive shares under subsection (e) by
the amount of distributive shares allocated under subsection (g) for that
same month. The state board of tax commissioners shall make any
adjustments required by this subsection and provide them to the
appropriate county auditors.
(I) (i) Notwithstanding any other law, a county fiscal body may
pledge revenues received under this chapter to the payment of bonds
or lease rentals to finance a qualified economic development tax
project under
IC 36-7-27
in that county or in any other county if the
county fiscal body determines that the project will promote significant
opportunities for the gainful employment or retention of employment
of the county's residents.
SOURCE: IC 6-3.5-6-18.5; (01)MO100304.30. -->
SECTION 30.
IC 6-3.5-6-18.5
, AS AMENDED BY P.L.273-1999,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 18.5. (a) This section applies to a county
containing a consolidated city.
(b) Notwithstanding section 18(e) of this chapter, the distributive
shares that each civil taxing unit in a county containing a consolidated
city is entitled to receive during a month equals the following:
(1) For the calendar year beginning January 1, 1995, calculate the
total amount of revenues that are to be distributed as distributive
shares during that month multiplied by the following factor:
Center Township .0251
Decatur Township .00217
Franklin Township .0023
Lawrence Township .01177
Perry Township .01130
Pike Township .01865
Warren Township .01359
Washington Township .01346
Wayne Township .01307
Lawrence-City .00858
Beech Grove .00845
Southport .00025
Speedway .00722
Indianapolis/Marion County .86409
(2) Notwithstanding subdivision (1), for the calendar year
beginning January 1, 1995, the distributive shares for each civil
taxing unit in a county containing a consolidated city shall be not
less than the following:
Center Township $1,898,145
Decatur Township $164,103
Franklin Township $173,934
Lawrence Township $890,086
Perry Township $854,544
Pike Township $1,410,375
Warren Township $1,027,721
Washington Township $1,017,890
Wayne Township $988,397
Lawrence-City $648,848
Beech Grove $639,017
Southport $18,906
Speedway $546,000
(3) For each year after 1995, calculate the total amount of
revenues that are to be distributed as distributive shares during
that month as follows:
STEP ONE: Determine the total amount of revenues that were
distributed as distributive shares during that month in calendar
year 1995.
STEP TWO: Determine the total amount of revenue that the
department has certified as distributive shares for that month
under section 17 of this chapter for the calendar year.
STEP THREE: Subtract the STEP ONE result from the STEP
TWO result.
STEP FOUR: If the STEP THREE result is less than or equal
to zero (0), multiply the STEP TWO result by the ratio
established under subdivision (1).
STEP FIVE: Determine the ratio of:
(A) the maximum permissible property tax levy under
IC 6-1.1-18.5
and IC 6-1.1-18.6 for each civil taxing unit for
the calendar year in which the month falls, plus, for a
county, an amount equal to the property taxes imposed by
the county in 1999 for the county's welfare fund and welfare
administration fund plus the property taxes imposed by
the county in 2002 for the county family and children's
fund; divided by
(B) the sum of the maximum permissible property tax levies under
IC 6-1.1-18.5
and IC 6-1.1-18.6 for all civil taxing units of the county
during the calendar year in which the month falls, and an amount equal
to the property taxes imposed by the county in 1999 for the county's
welfare fund and welfare administration fund plus the property taxes
imposed by the county in 2002 for the county family and children's
fund.
STEP SIX: If the STEP THREE result is greater than zero (0),
the STEP ONE amount shall be distributed by multiplying the
STEP ONE amount by the ratio established under subdivision
(1).
STEP SEVEN: For each taxing unit determine the STEP FIVE
ratio multiplied by the STEP TWO amount.
STEP EIGHT: For each civil taxing unit determine the
difference between the STEP SEVEN amount minus the
product of the STEP ONE amount multiplied by the ratio
established under subdivision (1). The STEP THREE excess
shall be distributed as provided in STEP NINE only to the civil
taxing units that have a STEP EIGHT difference greater than
or equal to zero (0).
STEP NINE: For the civil taxing units qualifying for a
distribution under STEP EIGHT, each civil taxing unit's share
equals the STEP THREE excess multiplied by the ratio of:
(A) the maximum permissible property tax levy under
IC 6-1.1-18.5
and IC 6-1.1-18.6 for the qualifying civil
taxing unit during the calendar year in which the month
falls, plus, for a county, an amount equal to the property
taxes imposed by the county in 1999 for the county's welfare
fund and welfare administration fund plus the property
taxes imposed by the county in 2002 for the county
family and children's fund; divided by
(B) the sum of the maximum permissible property tax levies under
IC 6-1.1-18.5
and IC 6-1.1-18.6 for all qualifying civil taxing units of
the county during the calendar year in which the month falls, and an
amount equal to the property taxes imposed by the county in 1999 for
the county's welfare fund and welfare administration fund plus the
property taxes imposed by the county in 2002 for the county family
and children's fund.".
Delete page 28.
SOURCE: Page 29, line 1; (01)MO100304.29. -->
Page 29, delete lines 1 through 41.
Page 32, line 18, after "plus" delete ":" and insert " the additional
rate that is imposed under
IC 6-3.5-6-9.6
for property tax relief
purposes.".
Page 32, delete lines 19 through 22.
Page 32, line 33, delete "IC 6-3.5-1.1-2(g)(1)" and insert " IC
6-3.5-1.1-2(g)".
Page 32, line 33, delete "; plus" and insert " .".
Page 32, delete lines 34 through 35, begin a new paragraph and
insert:
SOURCE: IC 6-3.5-7-12; (01)MO100304.32. -->
"SECTION 32.
IC 6-3.5-7-12
, AS AMENDED BY P.L.14-2000,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 12. (a) Except as provided in section 23 of
this chapter, the county auditor shall distribute in the manner specified
in this section the certified distribution to the county.
(b) Except as provided in subsections (c) and (h) and section 15 of
this chapter, the amount of the certified distribution that the county and
each city or town in a county is entitled to receive during May and
November of each year equals the product of the following:
(1) The amount of the certified distribution for that month;
multiplied by
(2) A fraction. The numerator of the fraction equals the sum of the
following:
(A) Total property taxes that are first due and payable to the
county, city, or town during the calendar year in which the
month falls; plus
(B) For a county, an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund
and welfare administration fund
and an amount equal to the
property taxes imposed by the county in 2002 for the
county family and children's fund.
The denominator of the fraction equals the sum of the total
property taxes that are first due and payable to the county and all
cities and towns of the county during the calendar year in which
the month falls, plus an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund and
welfare administration fund and an amount equal to the
property taxes imposed by the county in 2002 for the county
family and children's fund.
(c) This subsection applies to a county council or county income tax
council that imposes a tax under this chapter after June 1, 1992. The
body imposing the tax may adopt an ordinance before July 1 of a year
to provide for the distribution of certified distributions under this
subsection instead of a distribution under subsection (b). The following
apply if an ordinance is adopted under this subsection:
(1) The ordinance is effective January 1 of the following year.
(2) The amount of the certified distribution that the county and
each city and town in the county is entitled to receive during May
and November of each year equals the product of:
(A) the amount of the certified distribution for the month;
multiplied by
(B) a fraction. For a city or town, the numerator of the fraction
equals the population of the city or the town. For a county, the
numerator of the fraction equals the population of the part of
the county that is not located in a city or town. The
denominator of the fraction equals the sum of the population
of all cities and towns located in the county and the population
of the part of the county that is not located in a city or town.
(3) The ordinance may be made irrevocable for the duration of
specified lease rental or debt service payments.
(d) The body imposing the tax may not adopt an ordinance under
subsection (c) if, before the adoption of the proposed ordinance, any of
the following have pledged the county economic development income
tax for any purpose permitted by
IC 5-1-14
or any other statute:
(1) The county.
(2) A city or town in the county.
(3) A commission, a board, a department, or an authority that is
authorized by statute to pledge the county economic development
income tax.
(e) The state board of tax commissioners shall provide each county
auditor with the fractional amount of the certified distribution that the
county and each city or town in the county is entitled to receive under
this section.
(f) Money received by a county, city, or town under this section
shall be deposited in the unit's economic development income tax fund.
(g) Except as provided in subsection (b)(2)(B), in determining the
fractional amount of the certified distribution the county and its cities
and towns are entitled to receive under subsection (b) during a calendar
year, the state board of tax commissioners shall consider only property
taxes imposed on tangible property subject to assessment in that
county.
(h) In a county having a consolidated city, only the consolidated city
is entitled to the certified distribution, subject to the requirements of
section 15 of this chapter.
SOURCE: IC 6-5.5-8-2; (01)MO100304.33. -->
SECTION 33.
IC 6-5.5-8-2
, AS AMENDED BY P.L.273-1999,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 2. (a) On or before February 1, May 1,
August 1, and December 1 of each year the auditor of state shall
transfer to each county auditor for distribution to the taxing units (as
defined in
IC 6-1.1-1-21
) in the county, an amount equal to one-fourth
(1/4) of the sum of the guaranteed amounts for all the taxing units of
the county. On or before August 1 of each year the auditor of state shall
transfer to each county auditor the supplemental distribution for the
county for the year. For purposes of determining distributions under
subsection (b), the state board of tax commissioners shall determine a
state welfare allocation for each county calculated as follows:
(1) For 2000 and each year thereafter, the state welfare allocation
for each county equals the greater of zero (0) or the amount
determined under the following formula:
STEP ONE: For:
(A) 1997, 1998, and 1999, determine the result of:
(A) (i) the amounts appropriated by the county in the year
for the county's county welfare fund and county welfare
administration fund; divided by
(B) (ii) the amounts appropriated by all the taxing units in
the county in the year;
and
(B) 2000, 2001, and 2002, determine the result of:
(i) the amounts appropriated by the county in the year
for the county's county family and children's fund;
divided by
(ii) the amounts appropriated by all the taxing units in
the county in the year.
STEP TWO: Determine the sum of the results determined in
STEP ONE.
STEP THREE: Divide the STEP TWO result by three (3).
STEP FOUR: Determine the amount that would otherwise be
distributed to all the taxing units in the county under
subsection (b) without regard to this subdivision.
STEP FIVE: Determine the result of:
(A) the STEP FOUR amount; multiplied by
(B) the STEP THREE result.
(2) The state welfare allocation shall be deducted from the
distributions otherwise payable under subsection (b) to the taxing
unit that is a county and shall be deposited in a special account
within the state general fund.
(b) A taxing unit's guaranteed distribution for a year is the greater
of zero (0) or an amount equal to:
(1) the amount received by the taxing unit under
IC 6-5-10
and
IC 6-5-11
in 1989; minus
(2) the amount to be received by the taxing unit in the year of the
distribution, as determined by the state board of tax
commissioners, from property taxes attributable to the personal
property of banks, exclusive of the property taxes attributable to
personal property leased by banks as the lessor where the
possession of the personal property is transferred to the lessee;
minus
(3) in the case of a taxing unit that is a county, the amount that
would have been received by the taxing unit in the year of the
distribution, as determined by the state board of tax
commissioners, from property taxes that:
(A) were calculated for the county's county welfare fund and
county welfare administration fund for 2000 but were not
imposed because of the repeal of
IC 12-19-3
and
IC 12-19-4
;
and
(B) would have been attributable to the personal property of
banks, exclusive of the property taxes attributable to personal
property leased by banks as the lessor where the possession of
the personal property is transferred to the lessee.
(c) The amount of the supplemental distribution for a county for a
year shall be determined using the following formula:
STEP ONE: Determine the greater of zero (0) or the difference
between:
(A) one-half (1/2) of the taxes that the department estimates
will be paid under this article during the year; minus
(B) the sum of all the guaranteed distributions, before the
subtraction of all state welfare allocations under subsection
(a), for all taxing units in all counties plus the bank personal
property taxes to be received by all taxing units in all counties,
as determined under subsection (b)(2) for the year.
STEP TWO: Determine the quotient of:
(A) the amount received under
IC 6-5-10
and
IC 6-5-11
in
1989 by all taxing units in the county; divided by
(B) the sum of the amounts received under
IC 6-5-10
and
IC 6-5-11
in 1989 by all taxing units in all counties.
STEP THREE: Determine the product of:
(A) the amount determined in STEP ONE; multiplied by
(B) the amount determined in STEP TWO.
STEP FOUR: Determine the greater of zero (0) or the difference
between:
(A) the amount of supplemental distribution determined in
STEP THREE for the county; minus
(B) the amount of refunds granted under
IC 6-5-10-7
that have
yet to be reimbursed to the state by the county treasurer under
IC 6-5-10-13.
For the supplemental distribution made on or before August 1 of each
year, the department shall adjust the amount of each county's
supplemental distribution to reflect the actual taxes paid under this
article for the preceding year.
(d) Except as provided in subsection (f), the amount of the
supplemental distribution for each taxing unit shall be determined
using the following formula:
STEP ONE: Determine the quotient of:
(A) the amount received by the taxing unit under
IC 6-5-10
and
IC 6-5-11
in 1989; divided by
(B) the sum of the amounts used in STEP ONE (A) for all
taxing units located in the county.
STEP TWO: Determine the product of:
(A) the amount determined in STEP ONE; multiplied by
(B) the supplemental distribution for the county, as determined
in subsection (c), STEP FOUR.
(e) The county auditor shall distribute the guaranteed and
supplemental distributions received under subsection (a) to the taxing
units in the county at the same time that the county auditor makes the
semiannual distribution of real property taxes to the taxing units.
(f) The amount of a supplemental distribution paid to a taxing unit
that is a county shall be reduced by an amount equal to:
(1) the amount the county would receive under subsection (d)
without regard to this subsection; minus
(2) an amount equal to:
(A) the amount under subdivision (1); multiplied by
(B) the result of the following:
(I) (i) Determine the amounts appropriated by the county in
1997, 1998, and 1999, from the county's county welfare fund
and county welfare administration fund plus the amounts
appropriated by the county in 2000, 2001, and 2002,
from the county's county family and children's fund,
divided by the total amounts appropriated by all the taxing
units in the county in the year.
(ii) Divide the amount determined in item (I) (i) by three (3).
SOURCE: IC 6-6-5-10; (01)MO100304.34. -->
SECTION 34.
IC 6-6-5-10
, AS AMENDED BY P.L.273-1999,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 10. (a) The bureau shall establish procedures
necessary for the collection of the tax imposed by this chapter and for
the proper accounting for the same. The necessary forms and records
shall be subject to approval by the state board of accounts.
(b) The county treasurer upon receiving the excise tax collections
shall receipt such collections into a separate account for settlement
thereof at the same time as property taxes are accounted for and settled
in June and December of each year, with the right and duty of the
treasurer and auditor to make advances prior to the time of final
settlement of such property taxes in the same manner as provided in
IC 5-13-6-3.
(c) The county auditor shall determine the total amount of excise
taxes collected for each taxing unit in the county and the amount so
collected (and the distributions received under section 9.5 of this
chapter) shall be apportioned and distributed among the respective
funds of each taxing unit in the same manner and at the same time as
property taxes are apportioned and distributed. However, for purposes
of determining distributions under this section for 2000 and each year
thereafter, the state welfare allocation for each county equals the
greater of zero (0) or the amount determined under STEP FIVE of the
following STEPS:
STEP ONE: For:
(A) 1997, 1998, and 1999, determine the result of:
(I) (i) the amounts appropriated by the county in the year
from the county's county welfare fund and county welfare
administration fund; divided by
(ii) the total amounts appropriated by all the taxing units in
the county in the year; and
(B) 2000, 2001, and 2002, determine the result of:
(i) the amounts appropriated by the county in the year
from the county's county family and children's fund;
divided by
(ii) the total amounts appropriated by all the taxing units
in the county in the year.
STEP TWO: Determine the sum of the results determined in
STEP ONE.
STEP THREE: Divide the STEP TWO result by three (3).
STEP FOUR: Determine the amount that would otherwise be
distributed to all the taxing units in the county under this
subsection without regard to this subdivision.
STEP FIVE: Determine the result of:
(I) (A) the STEP FOUR amount; multiplied by
(ii) (B) the STEP THREE result.
The state welfare allocation shall be deducted from the total amount
available for apportionment and distribution to taxing units under this
section before any apportionment and distribution is made. The county
auditor shall remit the state welfare allocation to the treasurer of state
for deposit in a special account within the state general fund.
(d) Such determination shall be made from copies of vehicle
registration forms furnished by the bureau of motor vehicles. Prior to
such determination, the county assessor of each county shall, from
copies of registration forms, cause information pertaining to legal
residence of persons owning taxable vehicles to be verified from his
records, to the extent such verification can be so made. He shall further
identify and verify from his records the several taxing units within
which such persons reside.
(e) Such verifications shall be done by not later than thirty (30) days
after receipt of vehicle registration forms by the county assessor, and
the assessor shall certify such information to the county auditor for his
use as soon as it is checked and completed.
SOURCE: IC 12-13-5-5; (01)MO100304.35. -->
SECTION 35.
IC 12-13-5-5
, AS AMENDED BY P.L.273-1999,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 5. (a) Each county auditor shall keep records
and make reports relating to the county welfare fund (before July 1,
2001), the family and children's fund (before July 1, 2004), and other
financial transactions as required under IC 12-13 through IC 12-19 and
as required by the division.
(b) All records provided for in IC 12-13 through IC 12-19 shall be
kept, prepared, and submitted in the form required by the division and
the state board of accounts.
SOURCE: IC 12-17-3-2; (01)MO100304.36. -->
SECTION 36.
IC 12-17-3-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) This section does
not apply to a county department's:
(1) administrative expenses; or
(2) expenses regarding facilities, supplies, and equipment.
(b) Necessary expenses incurred in the administration of the child
welfare services under section 1 of this chapter shall be paid out of the
county welfare fund or the county family and children's fund.
(whichever is appropriate).
SOURCE: IC 12-19-1-21; (01)MO100304.37. -->
SECTION 37.
IC 12-19-1-21
, AS ADDED BY P.L.273-1999,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 21. (a) Notwithstanding any other law, after
December 31, 1999, a county may not impose any of the following:
(1) A property tax levy for a county welfare fund.
(2) A property tax levy for a county welfare administration fund.
(b) Notwithstanding any other law, after December 31, 2002, a
county may not impose a property tax levy for the county's family
and children's fund.
SOURCE: IC 12-19-1-22; (01)MO100304.38. -->
SECTION 38.
IC 12-19-1-22
, AS ADDED BY P.L.273-1999,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 22.
(a) All bonds issued and loans made
under
IC 12-1-11
(before its repeal) or this article:
(1) before January 1, 2000, that are payable from property taxes
imposed under
IC 12-19-3
(before its repeal);
or
(2) before January 1, 2003, that are payable from property
taxes imposed under IC 12-19-7-3 (before its amendment to
eliminate the authority to impose a property tax levy);
(1) are direct general obligations of the county issuing the bonds or
making the loans and
(2) are payable out of unlimited ad valorem taxes
that shall be levied and collected on all taxable property within the
county.
(b) Each official and body responsible for the levying of taxes for
the county must ensure that sufficient levies are made to meet the
principal and interest on the bonds and loans at the time fixed for the
payment of the principal and interest, without regard to any other
statute. If an official or a body fails or refuses to make or allow a
sufficient levy required by this section, the bonds and loans and the
interest on the bonds and loans shall be payable out of the county
general fund without appropriation.
SOURCE: IC 12-19-1.5-6; (01)MO100304.39. -->
SECTION 39.
IC 12-19-1.5-6
, AS ADDED BY P.L.273-1999,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 6. As used in this chapter, "replacement amount"
means the sum of:
(1) the property taxes imposed on the assessed value of property
in the allocation area in excess of the base assessed value in 1999
for:
(1) (A) the county welfare fund; and
(2) (B) the county welfare administration fund; and
(2) the property taxes imposed on the assessed value of
property in the allocation area that exceed the base assessed
value in 2002 for the county family and children's fund.
SOURCE: IC 12-19-1.5-8; (01)MO100304.40. -->
SECTION 40.
IC 12-19-1.5-8
, AS ADDED BY P.L.273-1999,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. (a) This chapter applies to an allocation area:
(1) in which:
(1) (A) the holders of obligations received a pledge before July
1, 1999, of tax increment revenues to repay any part of the
obligations due after December 31, 1999; and
(2) (B) the elimination of a county welfare fund property tax
levy or a county welfare administration fund property tax levy
adversely affects the ability of the governing body to repay the
obligations described in subdivision (1). clause (A); or
(2) in which:
(A) the holders of obligations received a pledge before July
1, 2002, of tax increment revenues to repay any part of the
obligations due after December 31, 2002; and
(B) the elimination of a county family and children's fund
property tax levy adversely affects the ability of the
governing body to repay the obligations described in clause
(A).
(b) A governing body may use one (1) or more of the procedures
described in sections 9 through 11 of this chapter to provide sufficient
funds to repay the obligations described in subsection (a). The amount
raised each year may not exceed the replacement amount.
SOURCE: IC 12-19-1.5-9; (01)MO100304.41. -->
SECTION 41.
IC 12-19-1.5-9
, AS ADDED BY P.L.273-1999,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 9. (a) A governing body may, after a public
hearing, impose a special assessment on the owners of property that is
located in an allocation area to repay:
(1) a bond or an obligation described in section 8 section 8(a)(1)
of this chapter that comes due after December 31, 1999; or
(2) a bond or an obligation described in section 8(a)(2) of this
chapter that comes due after December 31, 2002.
The amount of a special assessment for a taxpayer shall be determined
by multiplying the replacement amount by a fraction, the denominator
of which is the total incremental assessed value in the allocation area,
and the numerator of which is the incremental assessed value of the
taxpayer's property in the allocation area.
(b) Before a public hearing under subsection (a) may be held, the
governing body must publish notice of the hearing under
IC 5-3-1.
The
notice must state that the governing body will meet to consider whether
a special assessment should be imposed under this chapter and whether
the special assessment will help the governing body realize the
redevelopment or economic development objectives for the allocation
area or honor its obligations related to the allocation area. The notice
must also name a date when the governing body will receive and hear
remonstrances and objections from persons affected by the special
assessment. All persons affected by the hearing, including all taxpayers
within the allocation area, shall be considered notified of the pendency
of the hearing and of subsequent acts, hearings, and orders of the
governing body by the notice. At the hearing, which may be adjourned
from time to time, the governing body shall hear all persons affected by
the proceedings and shall consider all written remonstrances and
objections that have been filed. The only grounds for remonstrance or
objection are that the special assessment will not help the governing
body realize the redevelopment or economic development objectives
for the allocation area or honor its obligations related to the allocation
area. After considering the evidence presented, the governing body
shall take final action concerning the proposed special assessment. The
final action taken by the governing body shall be recorded and is final
and conclusive, except that an appeal may be taken in the manner
prescribed by subsection (c).
(c) A person who filed a written remonstrance with a governing
body under subsection (b) and is aggrieved by the final action taken
may, within ten (10) days after that final action, file in the office of the
clerk of the circuit or superior court a copy of the order of the
governing body and the person's remonstrance or objection against that
final action, together with a bond conditioned to pay the costs of appeal
if the appeal is determined against the person. The only ground of
remonstrance or objection that the court may hear is whether the
proposed assessment will help achieve the redevelopment of economic
development objectives for the allocation area or honor its obligations
related to the allocation area. An appeal under this subsection shall be
promptly heard by the court without a jury. All remonstrances or
objections upon which an appeal has been taken must be consolidated,
heard, and determined within thirty (30) days after the time of the filing
of the appeal. The court shall hear evidence on the remonstrances or
objections, and may confirm the final action of the governing body or
sustain the remonstrances or objections. The judgment of the court is
final and conclusive, unless an appeal is taken as in other civil actions.
(d) The maximum amount of a special assessment under this section
may not exceed the replacement amount.
(e) A special assessment shall be imposed and collected in the same
manner as ad valorem property taxes are imposed and collected.
SOURCE: IC 12-19-7-1; (01)MO100304.42. -->
SECTION 42.
IC 12-19-7-1
, AS AMENDED BY P.L.139-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. As used in this chapter, "child services" means
the following:
(1) Child welfare services specifically provided for children who
are:
(A) adjudicated to be:
(i) children in need of services; or
(ii) delinquent children; or
(B) recipients of or are eligible for:
(i) informal adjustments;
(ii) service referral agreements; and
(iii) adoption assistance;
including the costs of using an institution or facility in Indiana for
providing educational services as described in either
IC 20-8.1-3-36
(if
applicable) or
IC 20-8.1-6.1-8
(if applicable), all services required to
be paid by a county from the county family and children's fund
under IC 31-40-1-2, and all costs required to be paid by a county under
IC 20-8.1-6.1-7.
(2) Assistance awarded by a county to a destitute child under
IC 12-17-1.
(3) Child welfare services as described in
IC 12-17-3.
(4) Family services (as defined in
IC 31-9-2-45
).
SOURCE: IC 12-19-7-3; (01)MO100304.43. -->
SECTION 43.
IC 12-19-7-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 3. (a) A family
and children's fund is established in each county. The fund shall be
raised by a separate tax levy (the county family and children property
tax levy) that:
(1) is in addition to all other tax levies authorized; and
(2) shall be levied annually by the county fiscal body on all
taxable property in the county in the amount necessary to raise the
part of the fund that the county must raise to pay the items,
awards, claims, allowances, assistance, and other expenses set
forth in the annual budget under section 6 of this chapter.
(b) The tax imposed under this section shall be collected as other
state and county ad valorem taxes are collected. Notwithstanding any
other law, after December 31, 2002, a county may not impose a
property tax levy for the county family and children's fund.
(c) The following shall be paid into the county treasury and
constitute the family and children's fund:
(1) All receipts from the tax imposed under this section.
(2) (1) All grants-in-aid, money allocated by the division to the
county whether received from the federal government or state
government.
(3) (2) Any other money required by law to be placed in the fund.
(d) The fund is available for the purpose of paying expenses and
obligations set forth in the annual budget that is submitted and
approved.
SOURCE: IC 12-19-7-6; (01)MO100304.44. -->
SECTION 44.
IC 12-19-7-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) The county
director, upon the advice of the judges of the courts with juvenile
jurisdiction in the county, shall annually compile and adopt a child
services budget, which must be in a form prescribed by the state board
of accounts. For calendar years before 2003, the budget may not
exceed the levy limitation set forth in
IC 6-1.1-18.6.
(b) The budget must contain an estimate of the amount of money
that will be needed by the county office during the fiscal next calendar
year to defray the expenses and obligations incurred by the county
office in the payment of child services. for children adjudicated to be
children in need of services or delinquent children and other related
services but not including the payment of AFDC.
SOURCE: IC 12-19-7-7; (01)MO100304.45. -->
SECTION 45.
IC 12-19-7-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 7.
(a) The county
director shall, with the assistance of the judges of courts with juvenile
jurisdiction in the county and at the same time the budget is compiled
and adopted, recommend to the division the tax levy that the director
and judges determine will be required to raise the amount of revenue
necessary to pay the expenses and obligations of the county office set
forth in the budget under section 6 of this chapter. However, the tax
levy may not exceed the maximum permissible levy set forth in
IC 6-1.1-18.6 and the budget may not exceed the levy limitation set
forth in IC 6-1.1-18.
(b) After the county budget has been compiled, the county director
shall submit a copy of the budget
and the tax levy recommended by the
county director, and the judges of courts with juvenile jurisdiction in
the county, to the division
not later than April 1 of each year. The
division shall examine the budget
and the tax levy for the purpose of
determining whether, in the judgment of the division,
(1) the appropriations requested in the budget will be adequate to
defray the expenses and obligations
that will be incurred by the
county office in the payment of child services for the next fiscal
calendar year. and
(2) the tax levy recommended will yield the amount of the
appropriation set forth in the budget. The budget submitted under
this section is not subject to
IC 6-1.1-17
and
IC 6-1.1-18.
SOURCE: IC 12-19-7-8; (01)MO100304.46. -->
SECTION 46.
IC 12-19-7-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 8. (a) The
division may do either of the following after examining a budget
submitted by the county office: director:
(1) Increase or decrease the amount of the budget or an item of
the budget. subject to the maximum levy set forth in
IC 6-1.1-18.6.
(2) Approve the budget as compiled by the county director. and
judges of courts with juvenile jurisdiction in the county.
(3) Recommend the increase or decrease of the tax levy, subject
to the maximum levy set forth in IC 6-1.1-18.6.
(4) Approve the tax levy as recommended by the county director
and judges of courts with juvenile jurisdiction in the county.
(b) The total amount of all approved child services budgets may
not exceed the total amount appropriated for child services for the
applicable state fiscal year.
SOURCE: IC 12-19-7-11; (01)MO100304.47. -->
SECTION 47.
IC 12-19-7-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 11.
(a) In
September of each year, at the time provided by law, The county fiscal
body shall
do the following:
(1) make the appropriations out of the family and children's fund
that are:
(A) (1) based on the budget as
submitted; approved by the
division; and
(B) (2) necessary to maintain the child services of the county for
the next
fiscal calendar year.
subject to the maximum levy set
forth in IC 6-1.1-18.6.
(2) Levy a tax in an amount necessary to produce the appropriated
money.
(b) The division shall make advances to the county family and
children's fund to ensure that the amounts deposited in the county
family and children's fund are adequate to meet the expenses that
are to be paid from the fund. Amounts necessary to make the
advances under this subsection are appropriated from the family
and children's property tax relief fund and, as necessary, from the
state general fund.
(c) The provisions of
IC 6-1.1-18
concerning appropriations do
not apply to appropriations of money from a county family and
children's fund.
(d) Notwithstanding IC 36, a county is not required to publish
notice of any claim or allowance that will be paid from the county
family and children's fund.
SOURCE: IC 12-19-7-11.1; (01)MO100304.48. -->
SECTION 48.
IC 12-19-7-11.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 11.1. (a) The
judges of the courts with juvenile jurisdiction in the county and the
county director shall meet with the
county fiscal body county's early
intervention team established by
IC 31-34-24
at a public meeting
(1) in April; and
(2) after June 30 and before October 1;
in before April 1 of each year.
(b) At a meeting required in subsection (a), the county director
and
judges with juvenile jurisdiction shall present
to the county fiscal
body and the judges the following
reports: information:
(1) Expenditures made
(A) during the
immediately preceding calendar quarter
current calendar year from the family and children's fund in
comparison to
one-fourth (1/4) of the budget and
appropriations approved by the
county fiscal body division for
the calendar year.
and
(B) from the fund in the corresponding calendar quarter of
each of the two (2) preceding calendar years.
(2) Obligations incurred
through the end of the immediately
preceding calendar quarter during the current calendar year
that will be payable from the family and children's fund during the
remainder of the calendar year.
or in any subsequent calendar
year.
(3) The number of children, by category, for whom the family and
children's fund was required to provide funds for services during
the
immediately preceding calendar quarter, current calendar
year, in comparison to
the corresponding calendar quarter of each
of the two (2)
preceding calendar years
preceding the current
calendar year.
(4) The number and type of out-of-home placements, by category,
for which the family and children's fund was required to provide
funds for foster home care or institutional placement, and the
average daily, weekly or monthly cost of out-of-home placement
care and services by category, during the
immediately preceding
calendar quarter, current calendar year, in comparison to
the
corresponding calendar quarter of each of the two (2)
preceding
calendar years
preceding the current calendar year.
(5) The number of children, by category, for whom the family and
children's fund was required to provide funds for services for
children residing with the child's parent, guardian or custodian
(other than foster home or institutional placement), and the
average monthly cost of those services, during the
immediately
preceding calendar quarter, current calendar year, in
comparison to
the corresponding calendar quarter for each of the
two (2) preceding calendar years preceding the current
calendar year.
(c) In preparing the reports information described in subsection (b),
the county director and judges may use the best information data
reasonably available from the records of the courts, the county office,
and the county family and children's fund for calendar years before
1998. division.
(d) At each the meeting described in subsection (a), the county
fiscal body, judges and county director may
(1) discuss and suggest procedures to provide child welfare
services in the most effective and cost-efficient manner. and
(2) consider actions needed, including revision of budgeting
procedures, to eliminate or minimize any anticipated need for
short term borrowing for the family and children's fund under any
provisions of this chapter or IC 12-19-5.
SOURCE: IC 12-19-7-15; (01)MO100304.49. -->
SECTION 49.
IC 12-19-7-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 15. (a) If at any
time the county director determines that the family and children's fund
is exhausted or will be exhausted before the close of a fiscal calendar
year, the county director shall prepare an estimate and statement
showing the amount of money, in addition to the money already made
available, that will be necessary to defray the expenses of the county
office and pay the obligations of the county office, excluding
administrative expenses and facilities, supplies, and equipment
expenses for the county office, in the administration of the county
office's activities for the unexpired part of the fiscal calendar year.
(b) The county director shall do the following:
(1) Certify the estimate and statement to the county executive.
director.
(2) File the estimate and a statement with the county auditor.
director concerning:
(A) the reasons the family and children's fund is exhausted
or will be exhausted; and
(B) what actions have been taken by the county office to
avoid the exhaustion of the fund.
SOURCE: IC 12-19-7-21.5; (01)MO100304.50. -->
SECTION 50.
IC 12-19-7-21.5
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]:
Sec. 21.5. (a) Notwithstanding
any other law, after December 31, 2002, the state shall fund one
hundred percent (100%) of the programs, services, and activities
that were payable before January 1, 2003, from county family and
children's fund property tax levies.
(b) Any money remaining in a county family and children's fund
on January 1, 2003, must be used for services previously payable
from the county family and children's fund. Fund balances in each
county family and children's fund are available to the division of
family and children beginning January 1, 2003, for use in fulfilling
the requirements previously paid from the county family and
children's fund within each county.
(c) With the approval of the governor and the budget agency,
money appropriated to the division of family and children for
programs, services, and activities described in subsection (a) may
be augmented from the family and children's property tax relief
fund and the state general fund.
SOURCE: IC 31-31-5-4; (01)MO100304.51. -->
SECTION 51.
IC 31-31-5-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. A probation officer
shall, for the purpose of carrying out the juvenile law:
(1) conduct such investigations and prepare such reports and
recommendations as the court directs and keep a written record of
those investigations, reports, and recommendations;
(2) receive and examine complaints and allegations concerning
matters covered by the juvenile law and make preliminary
inquiries and investigations;
(3) implement informal adjustments;
(4) prepare and submit the predisposition report required for a
dispositional hearing under the juvenile law;
(5) supervise and assist by all suitable methods a child placed on
probation or in the probation officer's care by order of the court or
other legal authority;
(6) with the cooperation and assistance of the county office of
family and children, prepare and monitor performance of any
case plan, and ensure compliance with all other procedures,
as necessary or appropriate to satisfy the requirements of
Title IV-E of the Social Security Act, 42 U.S.C. 670 et seq.,
and applicable federal regulations, for federal financial
participation in the payment of the cost of services provided
to an eligible child;
(7) keep complete records of the probation officer's work and
comply with any order of the court concerning the collection,
protection, and distribution of any money or other property
coming into the probation officer's hands; and
(7) (8) perform such other functions as are designated by the
juvenile law or by the court in accordance with the juvenile law.
SOURCE: IC 31-34-18-1.3; (01)MO100304.54. -->
SECTION 54.
IC 31-34-18-1.3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec 1.3. (a) The individuals
participating in a meeting described in section 1.1 of this chapter shall
assist the person preparing the report in recommending the care,
treatment, rehabilitation, or placement of the child.
(b) The individuals shall inform the person preparing the report of
resources and programs that are available for the child.
(c) The probation officer or caseworker shall collect, maintain,
and complete financial eligibility forms designated by the director
to assist in obtaining federal reimbursement and other
reimbursement.
SOURCE: IC 31-34-18-3; (01)MO100304.55. -->
SECTION 55.
IC 31-34-18-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. The probation officer
or caseworker shall also collect information and prepare a financial
report, in the form prescribed by the division, on the parent or the
estate of the child to assist the juvenile court and the county office in:
(1) determining the person's financial responsibility; and
(2) obtaining federal reimbursement;
for services provided for the child or the person.
SOURCE: IC 31-34-24-4; (01)MO100304.56. -->
SECTION 56.
IC 31-34-24-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 4. (a) Before
March 1, 1998, each county shall establish a team to develop a plan as
described in this chapter.
(b) The team is composed of the following members, each of whom
serves at the pleasure of the member's appointing authority:
(1) Two (2) members appointed by the judge or judges of the
juvenile court, one (1) of whom is a representative of the
probation department.
(2) Two (2) members appointed by the director of the county
office as follows:
(A) One (1) is a member of the child welfare staff of the
county office.
(B) One (1) is either:
(i) an interested resident of the county; or
(ii) a representative of a social service agency;
who knows of child welfare needs and services available to
residents of the county.
(3) One (1) member appointed by the superintendent of the largest
school corporation in the county.
(4) If:
(A) two (2) school corporations are located within the county,
one (1) member appointed by the superintendent of the second
largest school corporation in the county; or
(B) more than two (2) school corporations are located within
the county, one (1) member appointed by the county fiscal
body as a representative of school corporations other than the
largest school corporation in the county.
(5) One (1) member appointed by the county fiscal body.
(6) (5) One (1) member representing the community mental
health center (as defined under
IC 12-7-2-38
) serving the county,
appointed by the director of the community mental health center.
However, if more than one (1) community mental health center
serves the county, the member shall be appointed by the county
fiscal body.
(7) (6) One (1) or more additional members appointed by the
chairperson of the team, county director, from among interested
or knowledgeable residents of the community or representatives
of agencies providing social services to or for children in the
county.
SOURCE: IC 31-34-24-11; (01)MO100304.57. -->
SECTION 57.
IC 31-34-24-11
, AS AMENDED BY P.L.273-1999,
SECTION 103, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 11. The director or the state
superintendent of public instruction may, not later than thirty (30) days
after receiving the plan, transmit to the team and the county fiscal body
director any comments, including recommendations for modification
of the plan, that the director or the state superintendent of public
instruction considers appropriate.
SOURCE: IC 31-34-24-12; (01)MO100304.58. -->
SECTION 58.
IC 31-34-24-12
, AS AMENDED BY P.L.273-1999,
SECTION 104, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 12. Not later than sixty (60)
days after receiving the plan, the county fiscal body director shall do
one (1) of the following:
(1) Approve the plan as submitted by the team.
(2) Approve the plan with amendments, modifications, or
revisions adopted by the county fiscal body.
(3) (2) Return the plan to the team with directions concerning:
(A) subjects for further study and reconsideration; and
(B) resubmission of a revised plan.
SOURCE: IC 31-34-24-14; (01)MO100304.59. -->
SECTION 59.
IC 31-34-24-14
, AS AMENDED BY P.L.273-1999,
SECTION 105, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 14. (a) The team shall meet at
least one (1) time each year to do the following:
(1) Develop, review, or revise a strategy that identifies:
(A) the manner in which prevention and early intervention
services will be provided or improved;
(B) how local collaboration will improve children's services;
and
(C) how different funds can be used to serve children and
families more effectively.
(2) Reorganize as needed and select its vice chairperson for the
ensuing year.
(3) Review the implementation of the plan and prepare revisions,
additions, or updates of the plan that the team considers necessary
or appropriate to improve the quality and efficiency of early
intervention child welfare services provided in accordance with
the plan.
(4) Prepare and submit to the
county fiscal body director and the
superintendent of public instruction a report on the operations
of the plan during the preceding year and a revised and updated
plan for the ensuing year.
(b) The chairperson or vice chairperson of the team
or the county
fiscal body may convene any additional meetings of the team that are,
in the chairperson's or vice chairperson's opinion, necessary or
appropriate.
SOURCE: IC 31-34-24-15; (01)MO100304.60. -->
SECTION 60.
IC 31-34-24-15
, AS AMENDED BY P.L.273-1999,
SECTION 106, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 15. The team or the county
fiscal body shall transmit copies of the plan, each annual report, and
each revised plan to the following:
(1) The director.
(2) The state superintendent of public instruction.
(3) The county office.
(4) The juvenile court.
(5) The superintendent of each public school corporation in the
county.
(6) The local step ahead council.
(7) Any public or private agency that:
(A) provides services to families and children in the county
that requests information about the plan; or
(B) the team has identified as a provider of services relevant
to the plan.
SOURCE: IC 31-34-24-16; (01)MO100304.61. -->
SECTION 61.
IC 31-34-24-16
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 16. The team or
the county fiscal body shall publicize to residents of the county the
existence and availability of the plan.
SOURCE: IC 31-37-24-4; (01)MO100304.62. -->
SECTION 62.
IC 31-37-24-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 4. (a) Before
March 1, 1998, each county shall establish a team to develop a plan as
described in this chapter.
(b) The team is composed of the following members, each of whom
serves at the pleasure of the member's appointing authority:
(1) Two (2) members appointed by the judge or judges of the
juvenile court, one (1) of whom is a representative of the
probation department.
(2) Two (2) members appointed by the director of the county
office as follows:
(A) One (1) is a member of the child welfare staff of the
county office.
(B) One (1) is either:
(i) an interested resident of the county; or
(ii) a representative of a social service agency;
who knows of child welfare needs and services available to
residents of the county.
(3) One (1) member appointed by the superintendent of the largest
school corporation in the county.
(4) If:
(A) two (2) school corporations are located within the county,
one (1) member appointed by the superintendent of the second
largest school corporation in the county; or
(B) more than two (2) school corporations are located within
the county, one (1) member appointed by the county fiscal
body as a representative of school corporations other than the
largest school corporation in the county.
(5) One (1) member appointed by the county fiscal body.
(6) (5) One (1) member representing the community mental
health center (as defined under
IC 12-7-2-38
) serving the county,
appointed by the director of the community mental health center.
However, if more than one (1) community mental health center
serves the county, the member shall be appointed by the county
fiscal body. director.
(7) (6) One (1) or more additional members appointed by the
chairperson of the team, county director, from among interested
or knowledgeable residents of the community or representatives
of agencies providing social services to or for children in the
county.
SOURCE: IC 31-37-24-5; (01)MO100304.63. -->
SECTION 63.
IC 31-37-24-5
, AS AMENDED BY P.L.273-1999,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 5. If a county has in existence
a committee, council, or other organized group that includes
representatives of all of the appointing authorities described in section
4 of this chapter, the county fiscal body director may elect to designate
that existing organization as the county's team for purposes of this
chapter.
SOURCE: IC 31-37-24-11; (01)MO100304.64. -->
SECTION 64.
IC 31-37-24-11
, AS AMENDED BY P.L.273-1999,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 11. The director or the state
superintendent of public instruction may, not later than thirty (30) days
after receiving the plan, transmit to the team and the county fiscal body
director any comments, including recommendations for modification
of the plan, that the director or the state superintendent of public
instruction considers appropriate.
SOURCE: IC 31-37-24-12; (01)MO100304.65. -->
SECTION 65.
IC 31-37-24-12
, AS AMENDED BY P.L.273-1999,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 12. Not later than sixty (60)
days after receiving the plan, the county fiscal body director shall do
one (1) of the following:
(1) Approve the plan as submitted by the team.
(2) Approve the plan with amendments, modifications, or
revisions adopted by the county fiscal body.
(3) (2) Return the plan to the team with directions concerning:
(A) subjects for further study and reconsideration; and
(B) resubmission of a revised plan.
SOURCE: IC 31-37-24-14; (01)MO100304.66. -->
SECTION 66.
IC 31-37-24-14
, AS AMENDED BY P.L.273-1999,
SECTION 117, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 14. (a) The team shall meet at
least one (1) time each year to do the following:
(1) Develop, review, or revise a strategy that identifies:
(A) the manner in which prevention and early intervention
services will be provided or improved;
(B) how local collaboration will improve children's services;
and
(C) how different funds can be used to serve children and
families more effectively.
(2) Reorganize as needed and select its vice chairperson for the
ensuing year.
(3) Review the implementation of the plan and prepare revisions,
additions, or updates of the plan that the team considers necessary
or appropriate to improve the quality and efficiency of early
intervention child welfare services provided in accordance with
the plan.
(4) Prepare and submit to the county fiscal body director and the
superintendent of public instruction a report on the operations
of the plan during the preceding year and a revised and updated
plan for the ensuing year.
(b) The chairperson or vice chairperson of the team or the county
fiscal body may convene any additional meetings of the team that are,
in the chairperson's or vice chairperson's opinion, necessary or
appropriate.
SOURCE: IC 31-37-24-15; (01)MO100304.67. -->
SECTION 67.
IC 31-37-24-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 15. The team or
the county fiscal body shall transmit copies of the initial plan, each
annual report, and each revised plan to the following:
(1) The director.
(2) The state superintendent of public instruction.
(3) The county office.
(4) The juvenile court.
(5) The superintendent of each public school corporation in the
county.
(6) The local step ahead council.
(7) Any public or private agency that:
(A) provides services to families and children in the county
that requests information about the plan; or
(B) the team has identified as a provider of services relevant
to the plan.
SOURCE: IC 31-37-24-16; (01)MO100304.68. -->
SECTION 68.
IC 31-37-24-16
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 16. The team or
the county fiscal body shall publicize to residents of the county the
existence and availability of the plan.
SOURCE: IC 31-40-1-1; (01)MO100304.69. -->
SECTION 69.
IC 31-40-1-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. This article
applies to a financial burden sustained by a county or the division as
the result of costs paid by the county or the division under section 2 of
this chapter, including costs resulting from the institutional placement
of a child adjudicated a delinquent child or a child in need of services.
SOURCE: IC 31-40-1-3; (01)MO100304.70. -->
SECTION 70.
IC 31-40-1-3
, AS AMENDED BY P.L.273-1999,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 3. (a) A parent or guardian of
the estate of a child adjudicated a delinquent child or a child in need of
services is financially responsible as provided in this chapter (or
IC 31-6-4-18
(e) before its repeal) for any services ordered by the court.
(b) Each parent of a child alleged to be a child in need of services
or alleged to be a delinquent child shall, before a dispositional hearing,
furnish the court with an accurately completed and current child
support obligation worksheet on the same form that is prescribed by the
Indiana supreme court for child support orders.
(c) At:
(1) a detention hearing;
(2) a hearing that is held after the payment of costs by a county
under section 2 of this chapter (or
IC 31-6-4-18
(b) before its
repeal);
(3) the dispositional hearing; or
(4) any other hearing to consider modification of a dispositional
decree;
the juvenile court shall order the child's parents or the guardian of the
child's estate to pay for, or reimburse the county or the division for the
cost of, services provided to the child or the parent or guardian unless
the court finds that the parent or guardian is unable to pay or that
justice would not be served by ordering payment from the parent or
guardian.
SOURCE: IC 31-40-1-5; (01)MO100304.71. -->
SECTION 71.
IC 31-40-1-5
, AS AMENDED BY P.L.273-1999,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 5. (a) This section applies
whenever the court orders or approves removal of a child from the
home of a child's parent or guardian and placement of the child in a
child caring institution (as defined in
IC 12-7-2-29
), a foster family
home (as defined in
IC 12-7-2-90
), or the home of a relative of the
child that is not a foster family home.
(b) If an existing support order is in effect, the court shall order the
support payments to be assigned to the county office
or the division
for the duration of the placement out of the home of the child's parent
or guardian. The court shall notify the court that:
(1) entered the existing support order; or
(2) had jurisdiction, immediately before the placement, to modify
or enforce the existing support order;
of the assignment and assumption of jurisdiction by the juvenile court
under this section.
(c) If an existing support order is not in effect, the court shall do the
following:
(1) Include in the order for removal or placement of the child an
assignment to the county office
or the division, or confirmation
of an assignment that occurs or is required under applicable
federal law, of any rights to support, including support for the cost
of any medical care payable by the state under IC 12-15, from any
parent or guardian who has a legal obligation to support the child.
(2) Order support paid to the county office
or the division by
each of the child's parents or the guardians of the child's estate to
be based on child support guidelines adopted by the Indiana
supreme court and for the duration of the placement of the child
out of the home of the child's parent or guardian, unless:
(A) the court finds that entry of an order based on the child
support guidelines would be unjust or inappropriate
considering the best interests of the child and other necessary
obligations of the child's family; or
(B) the county office does not make foster care maintenance
payments to the custodian of the child. For purposes of this
clause, "foster care maintenance payments" means any
payments for the cost of (in whole or in part) and the cost of
providing food, clothing, shelter, daily supervision, school
supplies, a child's personal incidentals, liability insurance with
respect to a child, and reasonable amounts for travel to the
child's home for visitation. In the case of a child caring
institution, the term also includes the reasonable costs of
administration and operation of the institution as are necessary
to provide the items described in this clause.
(3) If the court:
(A) does not enter a support order; or
(B) enters an order that is not based on the child support
guidelines;
the court shall make findings as required by 45 CFR 302.56(g).
(d) Payments in accordance with a support order assigned under
subsection (b) or entered under subsection (c) (or
IC 31-6-4-18
(f)
before its repeal) shall be paid through the clerk of the circuit court as
trustee for remittance to the county office.
(e) The Title IV-D agency shall establish, modify, or enforce a
support order assigned or entered by a court under this section in
accordance with
IC 12-17-2
and 42 U.S.C. 654. The county office shall,
if requested, assist the Title IV-D agency in performing its duties under
this subsection.
(f) If the juvenile court terminates placement of a child out of the
home of the child's parent or guardian, the court shall:
(1) notify the court that:
(A) entered a support order assigned to the county office under
subsection (b); or
(B) had jurisdiction, immediately before the placement, to
modify or enforce the existing support order;
of the termination of jurisdiction of the juvenile court with respect
to the support order;
(2) terminate a support order entered under subsection (c) that
requires payment of support by a custodial parent or guardian of
the child, with respect to support obligations that accrue after
termination of the placement; or
(3) continue in effect, subject to modification or enforcement by
a court having jurisdiction over the obligor, a support order
entered under subsection (c) that requires payment of support by
a noncustodial parent or guardian of the estate of the child.
(g) The court may at or after a hearing described in section 3 of this
chapter order the child's parent or the guardian of the child's estate to
reimburse the county office or the division for all or any portion of the
expenses for services provided to or for the benefit of the child that are
paid from the county family and children's fund during the placement
of the child out of the home of the parent or guardian, in addition to
amounts reimbursed through payments in accordance with a support
order assigned or entered as provided in this section, subject to
applicable federal law.
SOURCE: IC 36-2-6-3; (01)MO100304.72. -->
SECTION 72.
IC 36-2-6-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 3. (a) This section
does not apply to
the following:
(1) Claims for salaries fixed in a definite amount by ordinance or
statute, per diem of jurors, and salaries of officers of a court.
(2) Claims that will be paid from a county family and
children's fund.
(b) The county auditor shall publish all claims that have been filed
for the consideration of the county executive and shall publish all
allowances made by courts of the county. Claims filed for the
consideration of the executive shall be published at least three (3) days
before each session of the executive, and court allowances shall be
published at least three (3) days before the issuance of warrants in
payment of those allowances. In publication of itemized statements
filed by assistant highway supervisors for consideration of the
executive, the auditor shall publish the name of each party and the total
amount due each party named in the itemized statements. Notice of
claims filed for consideration of the county executive must state their
amounts and to whom they are made. Claims and allowances subject
to this section shall be published as prescribed by
IC 5-3-1
, except that
only one (1) publication in two (2) newspapers is required.
(c) A member of the county executive who considers or allows a
claim, or a county auditor who issues warrants in payment of
allowances made by the county executive or a court of the county,
before compliance with subsection (b), commits a Class C infraction.
(d) A county auditor shall publish one (1) time in accordance with
IC 5-3-1
a notice of all allowances made by a circuit or superior court.
The notice must be published within sixty (60) days after the
allowances are made and must state their amount, to whom they are
made, and for what purpose they are made.
SOURCE: IC 6-1.1-18.6; IC 12-19-5; IC 12-19-7-4; IC 12-19-7-5; IC 12-
19-7-9; IC 12-19-7-10; IC 12-19-7-16; IC 12-19-7-17; IC 12-19-7-18; IC
12-19-7-19; IC 12-19-7-20; IC 12-19-7-21; IC 12-19-7-22; IC 12-19-7-23;
IC 12-19-7-24; IC 12-19-7-25; IC 12-19-7-26; IC 12-19-7-27; IC 12-19-7-
28; IC 12-19-7-29; IC 12-19-7-30; IC 12-19-7-31; IC 12-19-7-32; IC 12-
19-7-33; IC 31-34-24-13; IC 31-37-24-13.
; (01)MO100304.73. -->
SECTION 73. THE FOLLOWING ARE REPEALED [EFFECTIVE
JANUARY 1, 2003]:
IC 6-1.1-18.6
;
IC 12-19-5
;
IC 12-19-7-4
;
IC 12-19-7-5
;
IC 12-19-7-9
;
IC 12-19-7-10
;
IC 12-19-7-16
;
IC 12-19-7-17
;
IC 12-19-7-18
;
IC 12-19-7-19
;
IC 12-19-7-20
;
IC 12-19-7-21
;
IC 12-19-7-22
;
IC 12-19-7-23
;
IC 12-19-7-24
;
IC 12-19-7-25
;
IC 12-19-7-26
;
IC 12-19-7-27
;
IC 12-19-7-28
;
IC 12-19-7-29
;
IC 12-19-7-30
;
IC 12-19-7-31
;
IC 12-19-7-32
;
IC 12-19-7-33
;
IC 31-34-24-13
;
IC 31-37-24-13.
SOURCE: ; (01)MO100304.74. -->
SECTION 74. [EFFECTIVE JANUARY 1, 2003]
(a) The division
of family and children shall reimburse each county for one
hundred percent (100%) of the proportionate share of operating
costs of the county auditor and county treasurer for the support of
the county family and children's fund, based upon an approved
indirect cost plan.
(b) This SECTION expires July 1, 2004.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1003 as printed February 16, 2001.)
________________________________________
MO100304/DI 73 2001