HB 1503-1_ Filed 02/21/2001, 13:29
Your Committee on Local Government , to which was referred House Bill 1503 ,
has had the same under consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
SOURCE: Page 3, line 11; (01)CR150301.3. -->
Page 3, line 11, reset in roman "Except as provided in subsection
Page 3, reset in roman lines 19 through 20.
Page 3, line 21, after "shall" insert " may".
Page 3, line 21, reset in roman "be waived by the public agency if
the electronic map for which".
Page 3, reset in roman lines 22 through 27.
Page 3, after line 27, begin a new paragraph and insert:
SOURCE: IC 6-3.5-1.1-3.5; (01)CR150301.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3.5. (a) This section
applies only to a county having a population of more than twelve
thousand six hundred (12,600) but less than thirteen thousand
(b) The county council of a county described in subsection (a) may,
by ordinance, determine that additional county adjusted gross income
tax revenue is needed in the county to fund the operation and
maintenance of a jail and justice center.
(c) Notwithstanding section 2 of this chapter, if the county council
adopts an ordinance under subsection (b), the county council may
impose the county adjusted gross income tax at a rate of one and
three-tenths percent (1.3%) on adjusted gross income. However, a
county may impose the county adjusted gross income tax at a rate of
one and three-tenths percent (1.3%) for only
four (4) eight (8) years.
After the county has imposed the county adjusted gross income tax at
a rate of one and three-tenths percent (1.3%) for four (4) eight (8)
years, the rate is reduced to one percent (1%). If the county council
imposes the county adjusted gross income tax at a rate of one and
three-tenths percent (1.3%), the county council may decrease the rate
or rescind the tax in the manner provided under this chapter.
(d) If a county imposes the county adjusted gross income tax at a
rate of one and three-tenths percent (1.3%) under this section, the
revenue derived from a tax rate of three-tenths percent (0.3%) on
adjusted gross income:
(1) shall be paid to the county treasurer;
(2) may be used only to pay the costs of operating and
maintaining a jail and justice center; and
(3) may not be considered by the state board of tax
commissioners under any provision of
the determination of the county's maximum permissible property
(e) Notwithstanding section 3 of this chapter, the county fiscal body
may adopt an ordinance under this section before June 1.
SOURCE: IC 36-2-6-4; (01)CR150301.3. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) This section
does not apply to a county having a consolidated city.
(b) Except as provided in section 4.5 of this chapter,
executive may allow a claim or order the issuance of a county warrant
for payment of a claim only at a regular or special meeting of the
executive. The county auditor may issue a county warrant for payment
of a claim against the county only if the executive or a court orders
him to do so. However, this subsection does not apply to the issuance
of warrants related to management of the common or congressional
(c) The county executive may allow a claim if the claim:
(1) complies with
(2) is placed on the claim docket by the auditor at least five (5)
days before the meeting at which the executive is to consider the
(d) A county auditor or member of a county executive who violates
this section commits a Class C infraction.
(e) A county auditor who violates this section is liable on his official
bond for twice the amount of the illegally drawn warrant, which may
be recovered for the benefit of the county by a taxpayer of the county.
A person who brings an action under this subsection shall give security
for costs, and the court shall allow him a reasonable sum, including
attorney's fees, out of the money recovered as compensation for his
trouble and expense in bringing the action. This compensation shall be
specified in the court's order.
(f) If, within sixty (60) days after the county executive allows a
claim, a taxpayer of the county demands that the executive refund that
allowance to the county, and the executive refuses to do so, the
taxpayer may bring an action to recover an illegal, unwarranted, or
unauthorized allowance for the benefit of the county. A person who
brings an action under this subsection shall give security for costs, and
the court shall allow him a reasonable sum, including attorney's fees,
out of the money recovered as compensation for his trouble and
expense in bringing the action. This compensation shall be specified in
the court's order.
SOURCE: IC 36-2-6-4.5; (01)CR150301.4. -->
IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 4.5. (a) A county executive may adopt an ordinance
allowing money to be disbursed for lawful county purposes under
, with the prior written approval
of the board having jurisdiction over the allowance of claims, the
county auditor may make claim payments in advance of board
allowance for the following kinds of expenses if the county
executive has adopted an ordinance under subsection (a):
(1) Property or services purchased or leased from the United
States government, its agencies, or its political subdivisions.
(2) License or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) General grant programs where advance funding is not
prohibited and the contracting party posts sufficient security
to cover the amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance or service agreements.
(8) Leases or rental agreements.
(9) Bond or coupon payments.
(11) State or federal taxes.
(12) Expenses that must be paid because of emergency
(13) Expenses described in an ordinance.
(c) Each payment of expenses under this section must be
supported by a fully itemized invoice or bill and certification by the
(d) The county executive or the county board having jurisdiction
over the allowance of the claim shall review and allow the claim at
its next regular or special meeting following the pre-approved
payment of the expense.
(e) A payment of expenses under this section must be published
in the manner provided under section 3 of this chapter.
SOURCE: IC 36-4-7-3; (01)CR150301.5. -->
, AS AMENDED BY P.L.35-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 3. (a) This section does not apply to compensation
paid by a city to members of its police and fire departments.
(b) Subject to the approval of the city legislative body, the city
executive shall fix the compensation of each appointive officer, deputy,
and other employee of the city. The legislative body may reduce but
may not increase any compensation fixed by the executive.
Compensation must be fixed under this section before:
August September 20 for a third class city; and
(2) September 30 for a second class city;
of each year for the ensuing budget year.
(c) Compensation fixed under this section may not be increased
during the budget year for which it is fixed, but may be reduced by the
(d) Notwithstanding subsection (b), the city clerk may, with the
approval of the legislative body, fix the salaries of deputies and
employees appointed under
SOURCE: IC 6-1.1-5.5-8; (01)CR150301.6. -->
IS REPEALED [EFFECTIVE JULY 1,
(Reference is to HB 1503 as introduced.)
and when so amended that said bill do pass.
CR150301/DI 94 2001