Citations Affected: Numerous citations throughout the Indiana Code.
Synopsis: Adjusting census numbers in statutes. Changes population
parameters in various statutes to reflect the population count
determined under the 2000 decennial census. Redefines the term
"population" as used in Indiana statutes. Revises statutes to reflect the
loss of one congressional seat after the 2000 federal decennial census.
Repeals a statute that provides that a special census or special
tabulation may not take effect during the period beginning when the
result of a decennial census is reported to the governor and the first
date precinct establishment orders may become effective. (The
introduced version of this bill was prepared by the census data advisory
committee.)
Effective: Upon passage; January 1, 2002 (retroactive); April 1, 2002;
July 1, 2002.
January 9, 2002, read first time and referred to Committee on Elections and
Apportionment.
A BILL FOR AN ACT to amend the Indiana Code concerning the
federal decennial census.
SECTION 1.
IC 1-1-3.5-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 3. (a) Except as
provided in section 6 of this chapter, in any Indiana statute that
classifies political subdivisions by population, For purposes of the
statutes described in section 5(c) of this chapter, a reference to
population is a reference to population as determined by the most
recent of the following:
(1) Federal decennial census.
(2) Federal special census.
(3) Special tabulation.
(4) Corrected population count.
(b) For purposes of a noncode statute, a reference to population
is the population determined by the most recent federal decennial
census in effect before the passage of the statute, unless the
population description in the statute is changed by subsequent
legislation.
(c) For purposes of statutes not described in subsection (a) or
(b), a reference to population is the population determined by the
most recent federal decennial census in effect, unless the statute
specifically provides otherwise.
(d) The effective date of each:
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
is April 1 of the calendar year following the year in which the
tabulation of population or corrected population count is delivered to
the state by the United States Secretary of Commerce under 13 U.S.C.
141 and received by the governor.
(b) (e) Promptly upon receiving the tabulation of population or
corrected population count, the governor shall issue an executive order:
(1) evidencing the date of receipt; and
(2) noting that the effective date of the tabulation of population or
corrected population count for purposes of any statute described
in this section is
(A) April 1 of the following year. or
(B) the date prescribed by section 6 of this chapter.
SECTION 2.
IC 1-1-4-5
, AS AMENDED BY P.L.76-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 5. The following definitions apply to the
construction of all Indiana statutes, unless the construction is plainly
repugnant to the intent of the general assembly or of the context of the
statute:
(1) "Adult", "of full age", and "person in his majority" mean a
person at least eighteen (18) years of age.
(2) "Attorney" includes a counselor or other person authorized to
appear and represent a party in an action or special proceeding.
(3) "Autism" means a neurological condition as described in the
most recent edition of the Diagnostic and Statistical Manual of
Mental Disorders of the American Psychiatric Association.
(4) "Bond" does not necessarily imply a seal.
(5) "Clerk" means the clerk of the court or a person authorized to
perform the clerk's duties.
(6) "Health record", "hospital record", or "medical record" means
written or printed information possessed by a provider (as defined
in
IC 16-18-2-295
) concerning any diagnosis, treatment, or
prognosis of the patient, unless otherwise defined. Except as
otherwise provided, the terms include mental health records and
drug and alcohol abuse records.
eighteen (18) years of age, mentally incompetent, or out of the
United States.
(24) (25) "Verified", when applied to pleadings, means supported
by oath or affirmation in writing.
(25) (26) "Will" includes a testament and codicil.
(26) (27) "Without relief" in any judgment, contract, execution,
or other instrument of writing or record, means without the
benefit of valuation laws.
(27) (28) "Written" and "in writing" include printing,
lithographing, or other mode of representing words and letters. If
the written signature of a person is required, the terms mean the
proper handwriting of the person or the person's mark.
(28) (29) "Year" means a calendar year, unless otherwise
expressed.
(29) (30) The definitions in
IC 35-41-1
apply to all statutes
relating to penal offenses.
SECTION 3.
IC 2-5-16-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 3. (a) The commission has the
following membership:
(1) One (1) member Ten (10) members appointed by the
governor. from Each Indiana congressional district in Indiana
must be represented by at least one (1) member appointed
under this subdivision who is a resident of that congressional
district.
(2) Three (3) members appointed by the president pro tempore of
the senate from among the members of the senate, not more than
two (2) of whom may be affiliated with the same political party.
(3) Three (3) members appointed by the speaker of the house of
representatives from among the members of the house, not more
than two (2) of whom may be affiliated with the same political
party.
(b) If a legislative member of the commission ceases to be a
member of the chamber from which the member was appointed, the
person ceases to be a member of the commission.
(c) The term of a member is two (2) years.
(d) If:
(1) the term of a member expires;
(2) the member is not reappointed; and
(3) a successor is not appointed;
the term of the member continues until a successor is appointed.
SECTION 4.
IC 3-6-5-1
, AS AMENDED BY P.L.144-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 1. (a) Except as provided in subsection (b), a
board is established in each county of the state known as the (name of
county) county election board.
(b) A county election board is not established in the following
counties:
(1) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000).
(2) A county having a population of more than one hundred
twenty-nine thousand (129,000) but less than one hundred thirty
thousand six hundred (130,600). A county having a population
of more than one hundred forty-eight thousand (148,000) but
less than one hundred seventy thousand (170,000).
SECTION 5.
IC 3-6-5.4-1
, AS ADDED BY P.L.144-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 1. This chapter applies to a county having a
population of more than one hundred twenty-nine thousand (129,000)
but less than one hundred thirty thousand six hundred (130,600). a
county having a population of more than one hundred forty-eight
thousand (148,000) but less than one hundred seventy thousand
(170,000).
SECTION 6.
IC 3-10-6-2.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 2.5. (a) This section
does not apply to a town located wholly or partially within a county
having a consolidated city unless the town has a population of more
than one thousand (1,000) but less than one thousand five hundred
(1,500). but less than one thousand seven hundred (1,700).
(b) This section applies to a town that has not adopted an ordinance:
(1) under
IC 18-3-1-16
(b) (before its repeal on September 1,
1981); or
(2) in 1982 under P.L.13-1982, SECTION 3 (before its expiration
on January 1, 1988).
(c) Notwithstanding
IC 3-10-6-6
, a town may adopt an ordinance
during the year preceding a municipal election conducted under section
2 of this chapter prescribing the length of the term of office for town
legislative body members elected in the municipal election.
(d) The ordinance must provide that:
(1) no more than fifty percent (50%) of the members will be
elected for terms of three (3) years beginning at noon January 1
following the municipal election under section 2 of this chapter;
and
(2) the remainder of the members will be elected for terms of four
(4) years beginning at noon January 1 following the election.
SECTION 7.
IC 3-10-7-2.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 2.5. (a) This section
does not apply to a town located wholly or partially within a county
having a consolidated city unless the town has a population of more
than one thousand (1,000) but less than one thousand five hundred
(1,500). but less than one thousand seven hundred (1,700).
(b) A town may adopt an ordinance under
IC 3-10-6-2.5
, if the town
has not adopted an ordinance under
IC 18-3-1-16
(b) (before its repeal
on September 1, 1981) or P.L.13-1982, SECTION 3 (before its
expiration on January 1, 1988).
SECTION 8.
IC 3-11-1.5-32.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 32.5. (a) This section
applies to townships in a county having a population of more than
seven hundred thousand (700,000). county containing a consolidated
city.
(b) The legislative body of a township may not change the boundary
of a legislative body district established under
IC 36-6-6-2.5
after
November 8 of the year preceding the year in which an election is held
to elect township board members and before the day following the date
on which an election is held to elect township board members.
SECTION 9.
IC 4-4-11-16.1
, AS ADDED BY P.L.291-2001,
SECTION 146, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 16.1. (a) As used in this section
and in
IC 5-13-12-8.5
, "leading Indiana business" means a business
that:
(1) is incorporated in Indiana and headquartered in a county
having a population of more than sixty thousand (60,000) but less
than sixty-four thousand (64,000); seventy-one thousand four
hundred (71,400) but less than seventy-three thousand
(73,000);
(2) is a Fortune 500 company, as of April 16, 2001, when ranked
by measures of revenues, profits, assets, stockholders' equity,
market value, profit, and total return to investors;
(3) pays average wages and benefits that are not less than two
hundred percent (200%) of the county average wage, calculated
by the department of commerce, paid in the county in which the
business is headquartered; and
(4) is a global business participating in international markets.
The term "leading Indiana business", as used in this section and in
IC 5-13-12-8.5
, also includes a joint venture, partnership, or other
business entity partially or wholly owned by an Indiana business
described in this subsection.
(b) As used in this section and in
IC 5-13-12-8.5
, "loan guarantee"
means the guarantee of a loan, an obligation, or other form of
commercial indebtedness.
(c) In addition to the other powers of the authority under section 16
of this chapter, the authority has authority to make a loan guarantee for
a leading Indiana business jointly but not severally with the board for
depositories under
IC 5-13-12-8.5
in an amount not to exceed
thirty-five million dollars ($35,000,000).
(d) In addition to the authority's public purposes set forth in sections
2 and 15 of this chapter, a loan guarantee made under this section for
the benefit of a leading Indiana business in conjunction with an
industrial development project located outside Indiana is consistent
with the authority's public purposes so long as the authority makes a
written finding that the loan guarantee would accomplish the purposes
of the authority by enabling a leading Indiana business to carry out an
industrial development project that will do any of the following:
(1) Improve the technological capacity or productivity of the
leading Indiana business.
(2) Enhance the protection of Indiana's environment.
(3) Permit the leading Indiana business to expand facilities,
establish new facilities, or make site or infrastructure
improvements in Indiana.
(4) Permit the leading Indiana business to preserve or retain jobs
in Indiana, prevent economic insecurity resulting from
unemployment or environmental pollution, or otherwise preserve
the health, safety, morals, and general welfare of the state or the
area of the state where the leading Indiana business is
headquartered.
(e) The requirements and limitations of section 16 of this chapter,
including the limitations in section 16(b) of this chapter, do not apply
to a loan guarantee for a leading Indiana business under this section,
except that the authority's share of or liability on any joint guarantee
with the board for depositories shall not exceed two million dollars
($2,000,000). In addition, the amount of a loan guarantee for a leading
Indiana business under this section shall not be counted in determining
the outstanding aggregate guaranty obligations under section 16(b) of
this chapter.
(f) This section constitutes all the authority required for the
authority to make a loan guarantee to a leading Indiana business. This
section is in addition to, and not in limitation of, the authority's other
powers heretofore or hereafter existing under this chapter to borrow
money, issue bonds, and make contracts, guarantees, and loans,
including leases, and use moneys in the guaranty fund.
(g) The general assembly finds that unique circumstances resulting
from the globalization of the state's economy, the state's geographic
location as the crossroads of America, and changes in federal
environmental regulation create the need for providing a loan guarantee
for leading Indiana businesses as provided in this section and in
IC 5-13-12-8.5.
(h) This section expires December 31, 2002.
SECTION 10.
IC 4-10-18-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 10. (a) The state board
of finance may lend money from the fund to entities listed in
subsections (e) through (j) for the purposes specified in those
subsections.
(b) An entity must apply for the loan before May 1, 1989, in a form
approved by the state board of finance. As part of the application, the
entity shall submit a plan for its use of the loan proceeds and for the
repayment of the loan. Within sixty (60) days after receipt of each
application, the board shall meet to consider the application and to
review its accuracy and completeness and to determine the need for the
loan. The board shall authorize a loan to an entity that makes an
application if the board approves its accuracy and completeness and
determines that there is a need for the loan and an adequate method of
repayment.
(c) The state board of finance shall determine the terms of each
loan, which must include the following:
(1) The duration of the loan, which must not exceed twelve (12)
years.
(2) The repayment schedule of the loan, which must provide that
no payments are due during the first two (2) years of the loan.
(3) A variable rate of interest to be determined by the board and
adjusted annually. The interest rate must be the greater of:
(A) five percent (5%); or
(B) two-thirds (2/3) of the interest rate for fifty-two (52) week
United States Treasury bills on the anniversary date of the
loan, but not to exceed ten percent (10%).
(4) The amount of the loan or loans, which may not exceed the
maximum amounts established for the entity by this section.
(5) Any other conditions specified by the board.
(d) An entity may borrow money under this section by adoption of
an ordinance or a resolution and, as set forth in
IC 5-1-14
, may use any
source of revenue to repay a loan under this section. This section
constitutes complete authority for the entity to borrow from the fund.
If an entity described in subsection (i) fails to make any repayments of
a loan, the amount payable shall be withheld by the auditor of state
from any other money payable to the consolidated city. If any other
entity described in this section fails to make any repayments of a loan,
the amount payable shall be withheld by the auditor of state from any
other money payable to the entity. The amount withheld shall be
transferred to the fund to the credit of the entity.
(e) A loan under this section may be made to a city located in a
county having a population of more than twenty-three thousand five
hundred (23,500) but less than twenty-three thousand six hundred fifty
(23,650) twenty-four thousand (24,000) but less than twenty-five
thousand (25,000) for the city's waterworks facility. The amount of the
loan may not exceed one million six hundred thousand dollars
($1,600,000).
(f) A loan under this section may be made to a city the territory of
which is included in part within the Lake Michigan corridor (as defined
in
IC 14-13-3-2
) for a marina development project. As a part of its
application under subsection (b), the city must include the following:
(1) Written approval by the Lake Michigan marina development
commission of the project to be funded by the loan proceeds.
(2) A written determination by the commission of the amount
needed by the city, for the project and of the amount of the
maximum loan amount under this subsection that should be lent
to the city.
The maximum amount of loans available for all cities that are eligible
for a loan under this subsection is eight million six hundred thousand
dollars ($8,600,000).
(g) A loan under this section may be made to a county having a
population of more than one hundred sixty thousand (160,000) but less
than two hundred thousand (200,000) one hundred seventy thousand
(170,000) but less than one hundred eighty thousand (180,000) for
use by the airport authority in the county for the construction of
runways. The amount of the loan may not exceed seven million dollars
($7,000,000). The county may lend the proceeds of its loan to an
airport authority for the public purpose of fostering economic growth
in the county.
(h) A loan under this section may be made to a city having a
population of more than fifty thousand (50,000) but less than fifty-eight
thousand (58,000) fifty-nine thousand (59,000) but less than
fifty-nine thousand seven hundred (59,700) for the construction of
parking facilities. The amount of the loan may not exceed three million
dollars ($3,000,000).
(i) A loan or loans under this section may be made to a consolidated
city, a local public improvement bond bank, or any board, authority, or
commission of the consolidated city, to fund economic development
projects under
IC 36-7-15.2-5
or to refund obligations issued to fund
economic development projects. The amount of the loan may not
exceed thirty million dollars ($30,000,000).
(j) A loan under this section may be made to a county having a
population of more than twelve thousand six hundred (12,600) but less
than thirteen thousand (13,000) thirteen thousand five hundred
(13,500) but less than fourteen thousand (14,000) for extension of
airport runways. The amount of the loan may not exceed three hundred
thousand dollars ($300,000).
(k)
IC 6-1.1-20
does not apply to a loan made by an entity under this
section.
(l) As used in this section, "entity" means a governmental entity
authorized to obtain a loan under subsections (e) through (j).
SECTION 11.
IC 4-23-24.1-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. The commission
consists of fourteen (14) members, appointed as follows:
(1) Ten (10) members who are Indiana residents appointed by the
governor. Not more than Each Indiana congressional district
must be represented by at least one (1) member individual
appointed under this subdivision may be from the same who is a
resident of that congressional district. Not more than five (5)
members appointed under this subdivision may be members of the
same political party.
(2) Four (4) members of the general assembly who are appointed
under section 5 of this chapter.
SECTION 12.
IC 5-1-14-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 7. (a) This section
applies to:
(1) each county having a population of more than one hundred
sixty thousand (160,000) but less than two hundred thousand
(200,000); one hundred seventy thousand (170,000) but less
than one hundred eighty thousand (180,000); and
(2) each second class city located in such a county.
(b) As used in this section, "stadium" means a structure used for
athletic, recreational, cultural, and community events.
(c) Notwithstanding any other law, a stadium constitutes a:
(1) government building under
IC 36-9-13
;
(2) structure under
IC 36-1-10
;
investment.
(d) The investing officers of the political subdivisions are the legal
custodians of securities under this chapter. They shall accept
safekeeping receipts or other reporting for securities from:
(1) a duly designated depository as prescribed in this article; or
(2) a financial institution located either in or out of Indiana having
custody of securities with a combined capital and surplus of at
least ten million dollars ($10,000,000) according to the last
statement of condition filed by the financial institution with its
governmental supervisory body.
(e) The state board of accounts may rely on safekeeping receipts or
other reporting from any depository or financial institution.
(f) In addition to any other investments allowed under this chapter,
an officer of a conservancy district located in a city having a population
of more than four thousand three hundred (4,300) but less than four
thousand six hundred (4,600) four thousand six hundred fifty (4,650)
but less than five thousand (5,000) may also invest in:
(1) municipal securities; and
(2) equity securities;
having a stated final maturity of any number of years or having no
stated final maturity. The total investments outstanding under this
subsection may not exceed twenty-five percent (25%) of the total
portfolio of funds invested by the officer of a conservancy district.
However, an investment that complies with this subsection when the
investment is made remains legal even if a subsequent decrease in the
total portfolio invested by the officer of a conservancy district causes
the percentage of investments outstanding under this subsection to
exceed twenty-five percent (25%).
(g) In addition to any other investments allowed under this chapter,
a clerk-treasurer of a town with a population of more than four
thousand (4,000) but less than five thousand (5,000) in a county having
a population of more than seventy-five thousand (75,000) but less than
seventy-eight thousand (78,000) six thousand three hundred (6,300)
but less than ten thousand (10,000) located in a county having a
population of more than one hundred thousand (100,000) but less
than one hundred five thousand (105,000) may also invest money in
a host community agreement future fund established by ordinance of
the town in:
(1) municipal securities; and
(2) equity securities;
having a stated final maturity of any number of years or having no
stated final maturity. The total investments outstanding under this
subsection may not exceed twenty-five percent (25%) of the total
portfolio of funds invested by the clerk-treasurer of a town. However,
an investment that complies with this subsection when the investment
is made remains legal even if a subsequent decrease in the total
portfolio invested by the clerk-treasurer of a town causes the
percentage of investments outstanding under this subsection to exceed
twenty-five percent (25%).
SECTION 15.
IC 5-13-9-5.6
, AS AMENDED BY P.L.212-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 5.6. Except for investments allowed under
section 2(f) or 2(g) of this chapter, investments made under this chapter
must have a stated final maturity of not more than:
(1) five (5) years for a conservancy district located in a city
having a population of more than four thousand three hundred
(4,300) but less than four thousand six hundred (4,600); four
thousand six hundred fifty (4,650) but less than five thousand
(5,000);
(2) five (5) years for investments made from a host community
agreement future fund established by ordinance of a town with a
population of more than four thousand (4,000) but less than five
thousand (5,000) in a county having a population of more than
seventy-five thousand (75,000) but less than seventy-eight
thousand (78,000); six thousand three hundred (6,300) but less
than ten thousand (10,000) located in a county having a
population of more than one hundred thousand (100,000) but
less than one hundred five thousand (105,000); or
(3) two (2) years for a fund or political subdivision not described
in subdivision (1) or (2);
after the date of purchase or entry into a repurchase agreement.
SECTION 16.
IC 6-1.1-10-16.5
, AS ADDED BY P.L.2-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 16.5. (a) This section applies to real property
located in the following:
(1) A county having a population of more than eighteen thousand
five hundred (18,500) but less than eighteen thousand eight
hundred twenty (18,820). twenty thousand (20,000) but less
than twenty thousand three hundred (20,300).
(2) A county having a population of more than twenty-three
thousand (23,000) but less than twenty-three thousand five
hundred (23,500). twenty- five thousand (25,000) but less than
twenty- five thousand five hundred (25,500).
(b) A tract of real property owned by a nonprofit public benefit
corporation (as defined in
IC 23-17-2-23
) is exempt from property
taxation if all of the following apply:
(1) The tract is located:
(A) under a lake or reservoir; or
(B) adjacent to a lake or reservoir.
(2) The lake or reservoir under which or adjacent to which the
tract is located was formed by a dam or control structure owned
and operated by a public utility for the generation of hydroelectric
power.
(3) The public benefit corporation that owns the tract is exempt
from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code and has maintained its tax exempt status
for the previous three (3) years.
(4) The public benefit corporation that owns the tract is primarily
engaged in active efforts to protect and enhance the environment
and water quality of the lake or reservoir under which or adjacent
to which the tract is located in order to facilitate the public
recreational use of the lake or reservoir.
(c) A tract of real property owned by a nonprofit public benefit
corporation described in subsection (b) is exempt from property
taxation if the tract is used by the public benefit corporation in the
public benefit corporation's efforts to enhance the environment and
water quality of a lake or reservoir described in subsection (b).
SECTION 17.
IC 6-1.1-12.1-4.7
, AS AMENDED BY P.L.205-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 4.7. (a) Section 4.5(f) of this chapter does not
apply to new manufacturing equipment located in a township that
(1) has a population of more than three thousand five hundred
(3,500) but less than four thousand three hundred (4,300); and
(2) is located in a county having a population of more than
thirty-five thousand (35,000) but less than thirty-seven thousand
(37,000);
having a population of more than four thousand (4,000) but less
than seven thousand (7,000) located in a county having a
population of more than forty thousand (40,000) but less than forty
thousand nine hundred (40,900) if the total original cost of all new
manufacturing equipment placed into service by the owner during the
preceding sixty (60) months exceeds fifty million dollars
($50,000,000), and if the economic revitalization area in which the new
manufacturing equipment was installed was approved by the
designating body before September 1, 1994.
(b) Section 4.5(f) of this chapter does not apply to new
manufacturing equipment located in a county having a population of
more than thirty-one thousand five hundred (31,500) but less than
thirty-two thousand (32,000) thirty- two thousand (32,000) but less
than thirty- three thousand (33,000) if:
(1) the total original cost of all new manufacturing equipment
placed into service in the county by the owner exceeds five
hundred million dollars ($500,000,000); and
(2) the economic revitalization area in which the new
manufacturing equipment was installed was approved by the
designating body before January 1, 2001.
(c) A deduction under section 4.5(d) of this chapter is not allowed
with respect to new manufacturing equipment described in subsection
(b) in the first year the deduction is claimed or in subsequent years as
permitted by section 4.5(d) of this chapter to the extent the deduction
would cause the assessed value of all real property and personal
property of the owner in the taxing district to be less than the
incremental net assessed value for that year.
(d) The following apply for purposes of subsection (c):
(1) A deduction under section 4.5(d) of this chapter shall be
disallowed only with respect to new manufacturing equipment
installed after March 1, 2000.
(2) "Incremental net assessed value" means the sum of:
(A) the net assessed value of real property and depreciable
personal property from which property tax revenues are
required to be held in trust and pledged for the benefit of the
owners of bonds issued by the redevelopment commission of
a county described in subsection (b) under resolutions adopted
November 16, 1998, and July 13, 2000 (as amended
November 27, 2000); plus
(B) fifty-four million four hundred eighty-one thousand seven
hundred seventy dollars ($54,481,770).
(3) The assessed value of real property and personal property of
the owner shall be determined after the deductions provided by
sections 3 and 4.5 of this chapter.
(4) The personal property of the owner shall include inventory.
(5) The amount of deductions provided by section 4.5 of this
chapter with respect to new manufacturing equipment that was
installed on or before March 1, 2000, shall be increased from
thirty-three and one-third percent (33 1/3%) of true tax value to
one hundred percent (100%) of true tax value for assessment
dates after February 28, 2001.
(e) A deduction not fully allowed under subsection (c) in the first
year the deduction is claimed or in a subsequent year permitted by
section 4.5 of this chapter shall be carried over and allowed as a
deduction in succeeding years. A deduction that is carried over to a
year but is not allowed in that year under this subsection shall be
carried over and allowed as a deduction in succeeding years. The
following apply for purposes of this subsection:
(1) A deduction that is carried over to a succeeding year is not
allowed in that year to the extent that the deduction, together
with:
(A) deductions otherwise allowed under section 3 of this
chapter;
(B) deductions otherwise allowed under section 4.5 of this
chapter; and
(C) other deductions carried over to the year under this
subsection;
would cause the assessed value of all real property and personal
property of the owner in the taxing district to be less than the
incremental net assessed value for that year.
(2) Each time a deduction is carried over to a succeeding year, the
deduction shall be reduced by the amount of the deduction that
was allowed in the immediately preceding year.
(3) A deduction may not be carried over to a succeeding year
under this subsection if such year is after the period specified in
section 4.5(d) of this chapter or the period specified in a
resolution adopted by the designating body under section 4.5(h)
of this chapter.
SECTION 18.
IC 6-1.1-12.1-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 10. (a) This section
applies to a town having a population of more than two thousand four
hundred (2,400) but less than five thousand (5,000) that is located in
a county having a population of more than twenty-five thousand
(25,000) but less than twenty-nine thousand (29,000). two thousand
five hundred (2,500) located in a county having a population of
more than twenty-seven thousand five hundred seventy-five
(27,575) but less than twenty-nine thousand (29,000).
(b) Notwithstanding section sections 3 and section 4.5 of this
chapter, the submission of a statement of benefits to a designating body
subsequent to the installation of new manufacturing equipment and the
initiation of the rehabilitation or redevelopment of real estate and the
designating body's retroactive approval of that statement of benefits are
legalized and validated for 1993 and subsequent assessment years,
subject to the limitations set forth in section 5(e) of this chapter.
subdivision for the ensuing budget year; and
(3) two (2) copies of any findings adopted under subsection (c).
Each year the county auditor shall present these items to the county
board of tax adjustment at the board's first meeting.
(e) In a consolidated city and county and in a second class city, the
clerk of the fiscal body shall, notwithstanding subsection (d), file the
adopted budget and tax ordinances with the county board of tax
adjustment within two (2) days after the ordinances are signed by the
executive, or within two (2) days after action is taken by the fiscal body
to override a veto of the ordinances, whichever is later.
SECTION 20.
IC 6-1.1-17-5.6
, AS ADDED BY P.L.178-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 5.6. (a) This section applies only to a school
corporation that is located in a city having a population of more than
ninety thousand (90,000) but less than one hundred ten thousand
(110,000) city having a population of more than one hundred five
thousand (105,000) but less than one hundred twenty thousand
(120,000).
(b) Before February 1 of each year, the officers of the school
corporation shall meet to fix the budget for the school corporation for
the ensuing budget year, with notice given by the same officers.
(c) Each year, at least two (2) days before the first meeting of the
county board of tax adjustment held under
IC 6-1.1-29-4
, the school
corporation shall file with the county auditor:
(1) a statement of the tax rate and tax levy fixed by the school
corporation for the ensuing budget year;
(2) two (2) copies of the budget adopted by the school corporation
for the ensuing budget year; and
(3) any written notification from the state board of tax
commissioners under section 16(i) of this chapter that specifies a
proposed revision, reduction, or increase in the budget adopted by
the school corporation for the ensuing budget year.
Each year the county auditor shall present these items to the county
board of tax adjustment at the board's first meeting.
SECTION 21.
IC 6-1.1-18.5-9.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 9.5. (a) This section
applies to civil taxing units located in a county having a population of
more than one hundred seven thousand (107,000) but less than one
hundred eight thousand (108,000). one hundred ten thousand
(110,000) but less than one hundred fifteen thousand (115,000).
(b) The ad valorem property tax levy limits imposed by section 3 of
this chapter do not apply to ad valorem property taxes imposed by a
civil taxing unit under
IC 8-10-5-17.
For purposes of computing the ad
valorem property tax levy limit imposed on a civil taxing unit under
section 3 of this chapter, the civil taxing unit's ad valorem property tax
levy for a particular calendar year does not include that part of the levy
imposed under
IC 8-10-5-17.
SECTION 22.
IC 6-1.1-18.5-13
, AS AMENDED BY P.L.181-2001,
SECTION 1, AND AS AMENDED BY P.L.198-2001, SECTION 55,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 13. With respect to an appeal filed
under section 12 of this chapter, the local government tax control board
may recommend that a civil taxing unit receive any one (1) or more of
the following types of relief:
(1) Permission to the civil taxing unit to reallocate the amount set
aside as a property tax replacement credit as required by
IC 6-3.5-1.1
for a purpose other than property tax relief. However,
whenever this occurs, the local government tax control board
shall also state the amount to be reallocated.
(2) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if in
the judgment of the local government tax control board the
increase is reasonably necessary due to increased costs of the civil
taxing unit resulting from annexation, consolidation, or other
extensions of governmental services by the civil taxing unit to
additional geographic areas or persons.
(3) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if the
local government tax control board finds that the civil taxing unit
needs the increase to meet the civil taxing unit's share of the costs
of operating a court established by statute enacted after December
31, 1973. Before recommending such an increase, the local
government tax control board shall consider all other revenues
available to the civil taxing unit that could be applied for that
purpose. The maximum aggregate levy increases that the local
government tax control board may recommend for a particular
court equals the civil taxing unit's share of the costs of operating
a court for the first full calendar year in which it is in existence.
(4) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if the
civil taxing unit's average three (3) year growth factor, as
determined in section 2 2(a) (STEP THREE) of this chapter for
calendar years ending before January 1, 2006, or section 2(b)
(STEP THREE) of this chapter for calendar years beginning after
December 31, 2005, exceeds one and one-tenth (1.1). However,
any increase in the amount of the civil taxing unit's levy
recommended by the local government tax control board under
this subdivision may not exceed an amount equal to the remainder
of:
(A) the amount of ad valorem property taxes the civil taxing
unit could impose for the ensuing calendar year under section
3 of this chapter if at STEP TWO of subsection (a) or (b), as
the case may be, the amount determined in STEP THREE of
section 2 2(a) of this chapter for calendar years ending before
January 1, 2006, or in STEP THREE of section 2(b) of this
chapter for calendar years beginning after December 31,
2005, is substituted for the amount determined under STEP
FIVE of section 2 2(a) of this chapter for calendar years
ending before January 1, 2006, or under STEP FIVE of
section 2(b) of this chapter for calendar years beginning after
December 31, 2005; minus
(B) the amount of ad valorem property taxes the civil taxing
unit could impose under section 3 of this chapter for the
ensuing calendar year.
In addition, before the local government tax control board may
recommend the relief allowed under this subdivision, the civil
taxing unit must show a need for the increased levy because of
special circumstances, and the local government tax control board
must consider other sources of revenue and other means of relief.
(5) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if the
local government tax control board finds that the civil taxing unit
needs the increase to pay the costs of furnishing fire protection for
the civil taxing unit through a volunteer fire department. For
purposes of determining a township's need for an increased levy,
the local government tax control board shall not consider the
amount of money borrowed under
IC 36-6-6-14
during the
immediately preceding calendar year. However, any increase in
the amount of the civil taxing unit's levy recommended by the
local government tax control board under this subdivision for the
ensuing calendar year may not exceed the lesser of:
(A) ten thousand dollars ($10,000); or
(B) twenty percent (20%) of:
(i) the amount authorized for operating expenses of a
volunteer fire department in the budget of the civil taxing
unit for the immediately preceding calendar year; plus
taxing unit provides public transportation services; and
(B) the local government tax control board finds that the civil
taxing unit needs the increase to provide adequate public
transportation services.
The local government tax control board shall consider tax rates
and levies in civil taxing units of comparable population, and the
effect (if any) of a loss of federal or other funds to the civil taxing
unit that might have been used for public transportation purposes.
However, the increase that the board may recommend under this
subdivision for a civil taxing unit may not exceed the revenue that
would be raised by the civil taxing unit based on a property tax
rate of one cent ($0.01) per one hundred dollars ($100) of
assessed valuation.
(9) Permission to a civil taxing unit to increase the unit's levy in
excess of the limitations established under section 3 of this
chapter if the local government tax control board finds that:
(A) the civil taxing unit is:
(i) a county having a population of more than one hundred
twenty-nine thousand (129,000) but less than one hundred
thirty thousand six hundred (130,600); one hundred
forty- eight thousand (148,000) but less than one hundred
seventy thousand (170,000);
(ii) a city having a population of more than forty-three
thousand seven hundred (43,700) but less than forty-four
thousand (44,000); fifty- five thousand (55,000) but less
than fifty- nine thousand (59,000);
(iii) a city having a population of more than twenty-five
thousand five hundred (25,500) but less than twenty-six
thousand (26,000); twenty- eight thousand seven hundred
(28,700) but less than twenty- nine thousand (29,000);
(iv) a city having a population of more than fifteen thousand
three hundred fifty (15,350) but less than fifteen thousand
five hundred seventy (15,570); fifteen thousand four
hundred (15,400) but less than sixteen thousand six
hundred (16,600); or
(v) a city having a population of more than five thousand six
hundred fifty (5,650) but less than five thousand seven
hundred eight (5,708); seven thousand (7,000) but less
than seven thousand three hundred (7,300); and
(B) the increase is necessary to provide funding to undertake
removal (as defined in IC 13-7-8.7-1)
IC 13-11-2-187
) and
remedial action (as defined in IC 13-7-8.7-1)
IC 13-11-2-185
)
relating to hazardous substances (as defined in IC 13-7-8.7-1)
IC 13-11-2-98
) in solid waste disposal facilities or industrial
sites in the civil taxing unit that have become a menace to the
public health and welfare.
The maximum increase that the local government tax control
board may recommend for such a civil taxing unit is the levy that
would result from a property tax rate of six and sixty-seven
hundredths cents ($0.0667) for each one hundred dollars ($100)
of assessed valuation. For purposes of computing the ad valorem
property tax levy limit imposed on a civil taxing unit under
section 3 of this chapter, the civil taxing unit's ad valorem
property tax levy for a particular year does not include that part of
the levy imposed under this subdivision. In addition, a property
tax increase permitted under this subdivision may be imposed for
only two (2) calendar years.
(10) Permission for a county having a population of more than
seventy-eight thousand (78,000) but less than eighty-five
thousand (85,000) eighty thousand (80,000) but less than ninety
thousand (90,000) to increase the county's levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the county needs the
increase to meet the county's share of the costs of operating a jail
or juvenile detention center, including expansion of the facility,
if the jail or juvenile detention center is opened after December
31, 1991. Before recommending an increase, the local
government tax control board shall consider all other revenues
available to the county that could be applied for that purpose. An
appeal for operating funds for a jail or juvenile detention center
shall be considered individually, if a jail and juvenile detention
center are both opened in one (1) county. The maximum
aggregate levy increases that the local government tax control
board may recommend for a county equals the county's share of
the costs of operating the jail or juvenile detention center for the
first full calendar year in which the jail or juvenile detention
center is in operation.
(11) Permission for a township to increase its levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the township needs the
increase so that the property tax rate to pay the costs of furnishing
fire protection for a township, or a portion of a township, enables
the township to pay a fair and reasonable amount under a contract
with the municipality that is furnishing the fire protection.
However, for the first time an appeal is granted the resulting rate
increase may not exceed fifty percent (50%) of the difference
between the rate imposed for fire protection within the
municipality that is providing the fire protection to the township
and the township's rate. A township is required to appeal a second
time for an increase under this subdivision if the township wants
to further increase its rate. However, a township's rate may be
increased to equal but may not exceed the rate that is used by the
municipality. More than one (1) township served by the same
municipality may use this appeal.
(12) Permission for a township to increase its levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the township has been
required, for the three (3) consecutive years preceding the year
for which the appeal under this subdivision is to become effective,
to borrow funds under
IC 36-6-6-14
to furnish fire protection for
the township or a part of the township. However, the maximum
increase in a township's levy that may be allowed under this
subdivision is the least of the amounts borrowed under
IC 36-6-6-14
during the preceding three (3) calendar years. A
particular township may appeal to increase its levy under this
section not more frequently than every fourth calendar year.
(13) Permission to a city having a population of more than
twenty-three thousand five hundred (23,500) but less than
twenty-four thousand (24,000) twenty- nine thousand (29,000)
but less than thirty- one thousand (31,000) to increase its levy
in excess of the limitations established under section 3 of this
chapter if:
(A) an appeal was granted to the city under subdivision (1) in
1998, 1999, and 2000; and
(B) the increase has been approved by the legislative body of
the city, and the legislative body of the city has by resolution
determined that the increase is necessary to pay normal
operating expenses.
The maximum amount of the increase is equal to the amount of
property tax replacement credits under
IC 6-3.5-1.1
that the city
petitioned to have reallocated in 2001 under subdivision (1) for
a purpose other than property tax relief.
SECTION 23.
IC 6-1.1-18.5-13.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 13.5. With respect to
an appeal filed under section 12 of this chapter, the local government
tax control board may recommend that the state board of tax
commissioners give permission to a town having a population of more
than four hundred eighteen (418) but less than six hundred (600) that
is located in a county having a population of more than sixty-eight
thousand (68,000) but less than seventy-three thousand (73,000) three
hundred seventy- five (375) but less than five hundred (500) located
in a county having a population of more than seventy- one thousand
(71,000) but less than seventy- one thousand four hundred (71,400)
to increase its levy in excess of the limitations established under
section 3 of this chapter, if the local government tax control board finds
that the town needs the increase to pay the costs of furnishing fire
protection for the town. However, any increase in the amount of the
town's levy recommended by the local government tax control board
under this section for the ensuing calendar year may not exceed the
greater of:
(1) twenty-five thousand dollars ($25,000); or
(2) twenty percent (20%) of the sum of:
(A) the amount authorized for the cost of furnishing fire
protection in the town's budget for the immediately preceding
calendar year; plus
(B) the amount of any additional appropriations authorized
under
IC 6-1.1-18-5
during that calendar year for the town's
use in paying the costs of furnishing fire protection.
SECTION 24.
IC 6-1.1-21.5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. As used in this
chapter, "qualified taxing unit" means each of the following:
(1) A city having a population of more than thirty-three thousand
eight hundred fifty (33,850) but less than thirty-five thousand
(35,000). thirty- two thousand (32,000) but less than thirty- two
thousand eight hundred (32,800).
(2) The sanitary district of a city described in subdivision (1).
(3) The library district of a city described in subdivision (1).
(4) The school corporation located in a city described in
subdivision (1).
SECTION 25.
IC 6-1.1-24-1.2
, AS AMENDED BY P.L.1-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 1.2. (a) Except as provided in subsection (c), a
tract or an item of real property may not be removed from the list
certified under section 1 of this chapter before the tax sale unless all
delinquent taxes, special assessments, penalties due on the
delinquency, interest, and costs directly attributable to the tax sale have
been paid in full.
(b) A county treasurer may accept partial payments of delinquent
property taxes, assessments, penalties, interest, or costs under
subsection (a) after the list of real property is certified under section 1
of this chapter.
(c) The county auditor in a county having a population of more than
four hundred thousand (400,000) but less than seven hundred thousand
(700,000) may remove a tract or an item of real property from the list
certified under section 1 of this chapter before the tax sale if the county
treasurer and the taxpayer agree to a mutually satisfactory arrangement
for the payment of the delinquent taxes.
(d) The county treasurer may remove the tract or item from the list
certified under section 1 of this chapter if the arrangement described in
subsection (c):
(1) is in writing;
(2) is signed by the taxpayer; and
(3) requires the taxpayer to pay the delinquent taxes in full within
one (1) year of the date the agreement is signed.
(e) If the taxpayer fails to make a payment under the arrangement
described in subsection (c), the county auditor shall immediately place
the tract or item of real property on the list of real property eligible for
sale at a tax sale.
(f) If the tract or item of real property subject to a payment
arrangement is within the jurisdiction of a:
(1) city having a population of more than one hundred ten
thousand (110,000) but less than one hundred twenty thousand
(120,000); ninety thousand (90,000) but less than one hundred
five thousand (105,000);
(2) city having a population of more than thirty-three thousand
eight hundred fifty (33,850) but less than thirty-five thousand
(35,000) located in a county having a population of more than
four hundred thousand (400,000) but less than seven hundred
thousand (700,000); thirty- two thousand (32,000) but less than
thirty- two thousand eight hundred (32,800); or
(3) city having a population of more than seventy-five thousand
(75,000) but less than ninety thousand (90,000);
the county auditor shall notify the mayor of the city of the arrangement.
SECTION 26.
IC 6-3.1-10-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 4. (a) As used in this
chapter, "taxpayer" means any individual that has any state tax liability.
(b) Notwithstanding subsection (a), for a credit for a qualified
investment in a business located in an enterprise zone in a county
having a population of more than one hundred thousand (100,000) but
less than one hundred seven thousand (107,000), one hundred five
thousand (105,000) but less than one hundred ten thousand
(110,000), "taxpayer" includes a pass through entity.
SECTION 27.
IC 6-3.1-13-27
, AS ADDED BY P.L.114-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 27. (a) Subject to all other requirements of this
chapter, the board may award a tax credit under this chapter to a
nonprofit organization that is a high growth company with high skilled
jobs (as defined in
IC 4-4-10.9-9.5
) if:
(1) the nonprofit organization:
(A) is a taxpayer (as defined in section 10 of this chapter); and
(B) meets all requirements of this chapter; and
(2) all of the following conditions are satisfied:
(A) The wages of at least seventy-five percent (75%) of the
organization's total workforce in Indiana must be equal to at
least two hundred percent (200%) of the average county wage,
as determined by the department of commerce, in the county
where the project for which the credit is granted will be
located.
(B) The organization must make an investment of at least fifty
million dollars ($50,000,000) in capital assets.
(C) The affected political subdivision must provide substantial
financial assistance to the project.
(D) The incremental payroll attributable to the project must be
at least ten million dollars ($10,000,000) annually.
(E) The organization agrees to pay the ad valorem property
taxes on the organization's real and personal property that
would otherwise be exempt under
IC 6-1.1-10.
(F) The organization does not receive any deductions from the
assessed value of the organization's real and personal property
under
IC 6-1.1-12
or
IC 6-1.1-12.1.
(G) The organization pays all of the organization's ad valorem
property taxes to the taxing units in the taxing district in which
the project is located.
(H) The project for which the credit is granted must be located
in a county having a population of more than one hundred
eight thousand (108,000) but less than one hundred eight
thousand nine hundred fifty (108,950). one hundred eighty
thousand (180,000) but less than one hundred eighty- two
thousand seven hundred ninety (182,790).
(b) Notwithstanding section 6(a) of this chapter, the board may
award credits to an organization under subsection (a) if:
(1) the organization met all other conditions of this chapter at the
time of the applicant's location or expansion decision;
(2) the applicant is in receipt of a letter from the department of
commerce stating an intent to pursue a credit agreement; and
(3) the letter described in subdivision (2) is issued by the
department of commerce not later than January 1, 2000.
SECTION 28.
IC 6-3.1-13.5-3
, AS ADDED BY P.L.291-2001,
SECTION 177, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 3. As used in this chapter,
"qualified investment" means the amount of the taxpayer's expenditures
for:
(1) the purchase of new manufacturing or production equipment;
(2) the purchase of new computers and related equipment;
(3) costs associated with the modernization of existing
manufacturing facilities;
(4) onsite infrastructure improvements;
(5) the construction of new manufacturing facilities;
(6) costs associated with retooling existing machinery and
equipment; and
(7) costs associated with the construction of special purpose
buildings and foundations for use in the computer, software,
biological sciences, or telecommunications industry;
that are certified by the department under section 10 of this chapter as
being eligible for the credit under this chapter, if the equipment,
machinery, facilities improvements, facilities, buildings, or foundations
are installed or used for a project having an estimated total cost of at
least seventy-five million dollars ($75,000,000) and in a county having
a population of more than forty thousand (40,000) but less than
forty-one thousand (41,000). forty- three thousand (43,000) but less
than forty- five thousand (45,000).
SECTION 29.
IC 6-3.5-1.1-2.5
, AS AMENDED BY P.L.89-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 2.5. (a) This section applies only to a county
having a population of more than thirty-seven thousand (37,000) but
less than thirty-seven thousand eight hundred (37,800). forty- one
thousand (41,000) but less than forty- three thousand (43,000).
(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 juvenile detention center opened after July 1,
1998.
(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
one-tenth percent (1.1%) on adjusted gross income. However, a county
may impose the county adjusted gross income tax at a rate of one and
one-tenth percent (1.1%) for only eight (8) years. After the county has
imposed the county adjusted gross income tax at a rate of one and
one-tenth percent (1.1%) for 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 one-tenth percent (1.1%), 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 one-tenth percent (1.1%) under this section, the revenue
derived from a tax rate of one-tenth percent (0.1%) on adjusted gross
income:
(1) shall be paid to the county treasurer;
(2) may be used only to pay the costs of operating a jail and
juvenile detention center opened after July 1, 1998; and
(3) may not be considered by the state board of tax commissioners
in determining the county's maximum permissible property tax
levy limit under
IC 6-1.1-18.5.
SECTION 30.
IC 6-3.5-1.1-2.7
, AS ADDED BY P.L.135-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 2.7. (a) This section applies to a county having
a population of more than sixty-eight thousand (68,000) but less than
seventy-three thousand (73,000). seventy- one thousand (71,000) but
less than seventy- one thousand four hundred (71,400).
(b) The county council may, by ordinance, determine that additional
county adjusted gross income tax revenue is needed in the county to:
(1) finance, construct, acquire, improve, renovate, or equip the
county jail and related buildings and parking facilities, including
costs related to the demolition of existing buildings and the
acquisition of land; and
(2) repay bonds issued, or leases entered into, for constructing,
acquiring, improving, renovating, and equipping the county jail
and related buildings and parking facilities, including costs
related to the demolition of existing buildings and the acquisition
of land.
(c) In addition to the rates permitted by section 2 of this chapter, the
county council may impose the county adjusted gross income tax at a
rate of:
(1) fifteen-hundredths percent (0.15%);
(2) two-tenths percent (0.2%); or
(3) twenty-five hundredths percent (0.25%);
on the adjusted gross income of county taxpayers if the county council
makes the finding and determination set forth in subsection (b). The tax
imposed under this section may be imposed only until the later of the
date on which the financing on, acquisition, improvement, renovation,
and equipping described in subsection (b) is completed or the date on
which the last of any bonds issued or leases entered into to finance the
construction, acquisition, improvement, renovation, and equipping
described in subsection (b) are fully paid. The term of the bonds issued
(including any refunding bonds) or a lease entered into under
subsection (b)(2) may not exceed twenty (20) years.
(d) If the county council makes a determination under subsection
(b), the county council may adopt a tax rate under subsection (b). (c).
The tax rate may not be imposed at a rate greater than is necessary to
pay the costs of financing, acquiring, improving, renovating, and
equipping the county jail and related buildings and parking facilities,
including costs related to the demolition of existing buildings and the
acquisition of land.
(e) The county treasurer shall establish a county jail revenue fund
to be used only for purposes described in this section. County adjusted
gross income tax revenues derived from the tax rate imposed under this
section shall be deposited in the county jail revenue fund before
making a certified distribution under section 11 of this chapter.
(f) County adjusted gross income tax revenues derived from the tax
rate imposed under this section:
(1) may only be used for the purposes described in this section;
(2) may not be considered by the state board of tax commissioners
in determining the county's maximum permissible property tax
levy limit under
IC 6-1.1-18.5
; and
(3) may be pledged to the repayment of bonds issued, or leases
entered into, for purposes described in subsection (b).
(g) A county described in subsection (a) possesses unique economic
development challenges due to underemployment in relation to
similarly situated counties. Maintaining low property tax rates is
essential to economic development and the use of county adjusted
gross income tax revenues as provided in this chapter to pay any bonds
issued or leases entered into to finance the construction, acquisition,
improvement, renovation, and equipping described under subsection
(b), rather than use of property taxes, promotes that purpose.
(h) Notwithstanding any other law, funds accumulated from the
county adjusted gross income tax imposed under this section after:
(1) the redemption of bonds issued; or
county adjusted gross income tax rate in effect before the adoption of
an ordinance under this section decreasing the rate of the county
adjusted gross income tax.
SECTION 32.
IC 6-3.5-1.1-3.5
, AS AMENDED BY P.L.89-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: 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 (13,000). thirteen thousand five
hundred (13,500) but less than fourteen thousand (14,000).
(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 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 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
IC 6-1.1-18.5
, including the determination
of the county's maximum permissible property tax levy.
(e) Notwithstanding section 3 of this chapter, the county fiscal body
may adopt an ordinance under this section before June 1.
SECTION 33.
IC 6-3.5-6-17.4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 17.4. (a) This section
applies only to a county having a population of more than thirty-six
thousand seven hundred (36,700) but less than thirty-seven thousand
(37,000). thirty- six thousand seventy- five (36,075) but less than
thirty- seven thousand (37,000).
(b) The county income tax council of a county may adopt an
ordinance to reduce the required six (6) month balance of that county's
special account to a three (3) month balance for that county.
(c) To reduce the balance a county income tax council must adopt
an ordinance. The ordinance must substantially state the following:
"The ___________ County Income Tax Council elects to reduce the
required county income tax special account balance from a six (6)
month balance to a three (3) month balance within ninety (90) days
after the adoption of this ordinance.".
(d) Not more than thirty (30) days after adopting an ordinance under
subsection (c), the county income tax council shall deliver a copy of the
ordinance to the budget agency.
(e) Not later than:
(1) sixty (60) days after a county income tax council adopts an
ordinance under subsection (c); and
(2) December 31 of each year;
the budget agency shall make the calculation described in subsection
(f). Not later than ninety (90) days after the ordinance is adopted, the
budget agency shall make an initial distribution to the county auditor
of the amount determined under subsection (f) STEP FOUR.
Subsequent distributions needed to distribute any amount in the county
income tax special account that exceeds a three (3) month balance, as
determined under subsection (f) STEP FOUR, shall be made in January
of the ensuing calendar year after the calculation is made.
(f) 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.
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.
(g) The county auditor shall distribute an amount received under
subsection (e) to the civil taxing units in the same manner as the
certified distribution is distributed and not later than thirty (30) days
after the county auditor receives the amount.
(h) The civil taxing units may use the amounts received under
subsection (g) for any item for which the particular civil taxing unit's
certified distribution may be used.
SECTION 34.
IC 6-3.5-7-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. (a) Except as
otherwise provided in this section, as used in this chapter, "adjusted
gross income" has the meaning set forth in
IC 6-3-1-3.5
(a).
(b) In the case of a county taxpayer who is not a resident of a county
that has imposed the county economic development income tax, the
term "adjusted gross income" includes only adjusted gross income
derived from the taxpayer's principal place of business or employment.
(c) In the case of a county taxpayer who is a resident of a county
having a population of more than nineteen thousand (19,000) but less
than nineteen thousand three hundred (19,300), eighteen thousand
three hundred (18,300) but less than nineteen thousand three
hundred (19,300), the term "adjusted gross income" does not include
adjusted gross income that is:
(1) earned in a county that is:
(A) located in another state; and
(B) adjacent to the county in which the taxpayer resides; and
(2) subject to an income tax imposed by a county, city, town, or
other local governmental entity in the other state.
SECTION 35.
IC 6-3.5-7-4.3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 4.3. As used in this
chapter, "designated unit" refers to a county having a population of
more than one hundred twenty-nine thousand (129,000) but less than
one hundred thirty thousand six hundred (130,600). one hundred
forty- eight thousand (148,000) but less than one hundred seventy
thousand (170,000).
SECTION 36.
IC 6-3.5-7-5
, AS AMENDED BY P.L.135-2001,
SECTION 6, AS AMENDED BY P.L.185-2001, SECTION 3, AND
AS AMENDED BY P.L.291-2001, SECTION 179, IS AMENDED
AND CORRECTED TO READ AS FOLLOWS [EFFECTIVE APRIL
1, 2002]: Sec. 5. (a) Except as provided in subsection (c), the county
economic development income tax may be imposed on the adjusted
gross income of county taxpayers. The entity that may impose the tax
is:
(1) the county income tax council (as defined in
IC 6-3.5-6-1
) if
the county option income tax is in effect on January 1 of the year
the county economic development income tax is imposed;
(2) the county council if the county adjusted gross income tax is
in effect on January 1 of the year the county economic
development tax is imposed; or
(3) the county income tax council or the county council,
whichever acts first, for a county not covered by subdivision (1)
or (2).
a rate of:
(A) fifteen-hundredths percent (0.15%);
(B) two-tenths percent (0.2%); or
(C) twenty-five hundredths percent (0.25%); and
(2) county economic development income tax rate plus the county
option income tax rate that are in effect on January 1 of a year
may equal up to one and twenty-five hundredths percent (1.25%);
if the county income tax council makes a determination to impose rates
under this subsection and section 22 of this chapter.
(h) For a county having a population of more than thirty-seven
thousand (37,000) but less than thirty-seven thousand eight hundred
(37,800), forty- one thousand (41,000) but less than forty- three
thousand (43,000), the county economic development income tax rate
plus the county adjusted gross income tax rate that are in effect on
January 1 of a year may not exceed one and thirty-five hundredths
percent (1.35%) if the county has imposed the county adjusted gross
income tax at a rate of one and one-tenth percent (1.1%) under
IC 6-3.5-1.1-2.5.
(i) For a county having a population of more than twelve thousand
six hundred (12,600) but less than thirteen thousand (13,000), thirteen
thousand five hundred (13,500) but less than fourteen thousand
(14,000), the county economic development income tax rate plus the
county adjusted gross income tax rate that are in effect on January 1 of
a year may not exceed one and fifty-five hundredths percent (1.55%).
(j) For a county having a population of more than sixty-eight
thousand (68,000) but less than seventy-three thousand (73,000),
seventy- one thousand (71,000) but less than seventy- one thousand
four hundred (71,400), the county economic development income tax
rate plus the county adjusted gross income tax rate that are in effect on
January 1 of a year may not exceed one and five-tenths percent (1.5%).
(j) This subsection applies to a county having a population of more
than twenty-seven thousand (27,000) but less than twenty-seven
thousand three hundred (27,300). In addition to the rates permitted
under subsection (b):
(1) the county economic development income tax may be imposed
at a rate of twenty-five hundredths percent (0.25%); and
(2) the sum of the county economic development income tax rate
and the county adjusted gross income tax rate that are in effect
on January 1 of a year may not exceed one and five-tenths
percent (1.5%);
if the county council makes a determination to impose rates under this
subsection and section 22.5 of this chapter.
former county hospital for additional office space, educational
facilities, nonsecure juvenile facilities, and other county functions.
(e) The county treasurer shall establish a county courthouse revenue
fund to be used only for the purposes described in this section. County
economic development income tax revenues derived from the tax rate
imposed under this section shall be deposited in the county courthouse
revenue fund before making a certified distribution under section 11 of
this chapter.
(f) County economic development income tax revenues derived
from the tax rate imposed under this section:
(1) may only be used for the purposes described in this section;
(2) may not be considered by the state board of tax commissioners
in determining the county's maximum permissible property tax
levy limit under
IC 6-1.1-18.5
; and
(3) may be pledged to the repayment of bonds issued, or leases
entered into, for the purposes described in subsection (c).
(g) A county described in subsection (a) possesses:
(1) unique fiscal challenges to finance the operations of county
government due to the county's ongoing obligation to repay
amounts received by the county due to an overpayment of the
county's certified distribution under
IC 6-3.5-1.1-9
for a prior
year; and
(2) unique capital financing needs due to the imminent transfer
from the governing board of the county hospital of facilities no
longer needed for hospital purposes and the need to undertake
immediate improvements in order to make those facilities suitable
for use by the county for additional office space, educational
facilities, nonsecure juvenile facilities, and other county
functions.
SECTION 38.
IC 6-3.5-7-23
, AS ADDED BY P.L.124-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 23. (a) This section applies only to a county
having a population of at least forty-five thousand (45,000) but not
more than forty-seven thousand (47,000). more than fifty-five
thousand (55,000) but less than sixty-five thousand (65,000).
(b) The county council may by ordinance determine that, in order to
promote the development of libraries in the county and thereby
encourage economic development, it is necessary to use economic
development income tax revenue to replace library property taxes in
the county. However, a county council may adopt an ordinance under
this subsection only if all territory in the county is included in a library
district.
necessary to account for the expansion of a library district. However,
a public library is eligible to receive property tax replacement credits
under this section only if it has entered into reciprocal borrowing
agreements with all other public libraries in the county. If the total
amount of county economic development income tax revenue deposited
by the county auditor in the library property tax replacement fund for
a calendar year exceeds the total property tax liability that would
otherwise be imposed for public libraries in the county for the year, the
excess shall remain in the library property tax replacement fund and
shall be used for library property tax replacement purposes in the
following calendar year.
(f) Notwithstanding subsection (e), if a public library did not impose
a property tax levy during the previous calendar year, that public
library is entitled to receive a part of the property tax replacement
credits to be distributed for the calendar year. The amount of property
tax replacement credits the public library is entitled to receive during
the calendar year equals the product of:
(1) the amount of revenue deposited in the library property tax
replacement fund; multiplied by
(2) a fraction. The numerator of the fraction equals the budget of
the public library for that calendar year. The denominator of the
fraction equals the aggregate budgets of public libraries in the
county for that calendar year.
If for a calendar year a public library is allocated a part of the property
tax replacement credits under this subsection, then the amount of
property tax credits distributed to other public libraries in the county
for the calendar year shall be reduced by the amount to be distributed
as property tax replacement credits under this subsection. The state
board of tax commissioners shall make any adjustments required by
this subsection and provide the adjustments to the county auditor.
(g) The state board of tax commissioners shall inform the county
auditor of the amount of property tax replacement credits that each
public library in the county is entitled to receive under this section. The
county auditor shall certify to each public library the amount of
property tax replacement credits that the public library is entitled to
receive during that calendar year. The county auditor shall also certify
these amounts to the county treasurer.
(h) A public library receiving property tax replacement credits under
this section shall allocate the credits among each fund for which a
distinct property tax levy is imposed. The amount that must be
allocated to each fund equals:
(1) the amount of property tax replacement credits provided to the
public library under this section; multiplied by
(2) the amount determined in STEP THREE of the following
formula:
STEP ONE: Determine the property taxes that would have
been collected for each fund by the public library during the
previous calendar year if the property tax replacement under
this section had not been in effect.
STEP TWO: Determine the sum of the total property taxes that
would have been collected for all funds by the public library
during the previous calendar year if the property tax
replacement under this section had not been in effect.
STEP THREE: Divide the STEP ONE amount by the STEP
TWO amount.
However, if a public library did not impose a property tax levy during
the previous calendar year or did not impose a property tax levy for a
particular fund during the previous calendar year, but the public library
is imposing a property tax levy in the current calendar year or is
imposing a property tax levy for the particular fund in the current
calendar year, the state board of tax commissioners shall adjust the
amount of property tax replacement credits allocated among the various
funds of the public library and shall provide the adjustment to the
county auditor. If a public library receiving property tax replacement
credits under this section does not impose a property tax levy for a
particular fund that is first due and payable in a calendar year in which
the property tax replacement credits are being distributed, the public
library is not required to allocate to that fund a part of the property tax
replacement credits to be distributed to the public library.
(i) For each public library that receives property tax credits under
this section, the state board of tax commissioners shall certify to the
county auditor the property tax rate applicable to each fund after the
property tax replacement credits are allocated.
(j) A public library shall treat property tax replacement credits
received during a particular calendar year under this section as a part
of the public library's property tax levy for each fund for that same
calendar year for purposes of fixing the public library's budget and for
purposes of the property tax levy limits imposed by
IC 6-1.1-18.5.
(k) The property tax replacement credits that are received under this
section do not reduce the total county tax levy that is used to compute
the state property tax replacement credit under
IC 6-1.1-21.
For the
purpose of computing and distributing certified distributions under
IC 6-3.5-1.1
and tax revenue under
IC 6-5-10
,
IC 6-5-11
,
IC 6-5-12
,
IC 6-5.5, or
IC 6-6-5
, the property tax replacement credits that are
received under this section shall be treated as though they were
property taxes that were due and payable during that same calendar
year.
SECTION 39.
IC 6-9-2-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 2. (a) The revenue received by the
county treasurer under this chapter shall be allocated to the Lake
County convention and visitor bureau, Indiana University-Northwest,
Purdue University-Calumet, municipal public safety departments,
municipal physical and economic development divisions, and the cities
and towns in the county as provided in this section. Subsections (b)
through (g) do not apply to the distribution of revenue received under
section 1 of this chapter from hotels, motels, inns, tourist camps, tourist
cabins, and other lodgings or accommodations built or refurbished after
June 30, 1993, that are located in the largest city of the county.
(b) The Lake County convention and visitor bureau shall establish
a convention, tourism, and visitor promotion fund. The county treasurer
shall transfer to the Lake County convention and visitor bureau for
deposit in this fund thirty-five percent (35%) of the first one million
two hundred thousand dollars ($1,200,000) of revenue received under
this chapter in each year. Money in this fund may be expended only to
promote and encourage conventions, trade shows, special events,
recreation, and visitors within the county. Money may be paid from the
fund by claim in the same manner as municipalities may pay claims
under
IC 5-11-10-1.6.
(c) This subsection applies to the first one million two hundred
thousand dollars ($1,200,000) of revenue received under this chapter
in each year. During each year, the county treasurer shall transfer to
Indiana University-Northwest forty-four and thirty-three hundredths
percent (44.33%) of the revenue received under this chapter for that
year to be used as follows:
(1) Seventy-five percent (75%) of the revenue received under this
subsection may be used only for the university's medical
education programs.
(2) Twenty-five percent (25%) of the revenue received under this
subsection may be used only for the university's allied health
education programs.
The amount for each year shall be transferred in four (4) approximately
equal quarterly installments.
(d) This subsection applies to the first one million two hundred
thousand dollars ($1,200,000) of revenue received under this chapter
in each year. During each year, the county treasurer shall allocate
among the cities and towns throughout the county nine percent (9%) of
the revenue received under this chapter for that year. The amount of
each city's or town's allocation is as follows:
(1) Ten percent (10%) of the revenue covered by this subsection
shall be transferred to cities having a population of more than one
hundred ten thousand (110,000) but less than one hundred twenty
thousand (120,000). ninety thousand (90,000) but less than one
hundred five thousand (105,000).
(2) Ten percent (10%) of the revenue covered by this subsection
shall be transferred to cities having a population of more than
seventy-five thousand (75,000) but less than ninety thousand
(90,000).
(3) Ten percent (10%) of the revenue covered by this subsection
shall be transferred to cities having a population of more than
thirty-three thousand eight hundred fifty (33,850) but less than
thirty-five thousand (35,000). thirty- two thousand (32,000) but
less than thirty- two thousand eight hundred (32,800).
(4) Five percent (5%) of the revenue covered by this subsection
shall be transferred to each town and each city not receiving a
transfer under subdivisions (1) through (3).
The money transferred under this subsection may be used only for
economic development projects. The county treasurer shall make the
transfers on or before December 1 of each year.
(e) This subsection applies to the first one million two hundred
thousand dollars ($1,200,000) of revenue received under this chapter
in each year. During each year, the county treasurer shall transfer to
Purdue University-Calumet nine percent (9%) of the revenue received
under this chapter for that year. The money received by Purdue
University-Calumet may be used by the university only for nursing
education programs.
(f) This subsection applies to the first one million two hundred
thousand dollars ($1,200,000) of revenue received under this chapter
in each year. During each year, the county treasurer shall transfer two
and sixty-seven hundredths percent (2.67%) of the revenue received
under this chapter for that year to the following cities:
(1) Fifty percent (50%) of the revenue covered by this subsection
shall be transferred to cities having a population of more than one
hundred ten thousand (110,000) but less than one hundred twenty
thousand (120,000). ninety thousand (90,000) but less than one
hundred five thousand (105,000).
(2) Fifty percent (50%) of the revenue covered by this subsection
shall be transferred to cities having a population of more than
seventy-five thousand (75,000) but less than ninety thousand
(90,000).
Money transferred under this subsection may be used only for
convention facilities located within the city. In addition, the money may
be used only for facility marketing, sales, and public relations
programs. Money transferred under this subsection may not be used for
salaries, facility operating costs, or capital expenditures related to the
convention facilities. The county treasurer shall make the transfers on
or before December 1 of each year.
(g) This subsection applies to the revenue received under this
chapter in each year that exceeds one million two hundred thousand
dollars ($1,200,000). During each year, the county treasurer shall
distribute money in the fund as follows:
(1) Eighty-five percent (85%) of the revenue covered by this
subsection shall be deposited in the convention, tourism, and
visitor promotion fund. The money deposited in the fund under
this subdivision may be used only for the purposes for which
other money in the fund may be used.
(2) Five percent (5%) of the revenue covered by this subsection
shall be transferred to Purdue University-Calumet. The money
received by Purdue University-Calumet under this subdivision
may be used by the university only for nursing education
programs.
(3) Five percent (5%) of the revenue covered by this subsection
shall be transferred to Indiana University-Northwest. The money
received by Indiana University-Northwest under this subdivision
may be used only for the university's medical education programs.
(4) Five percent (5%) of the revenue covered by this subsection
shall be transferred to Indiana University-Northwest. The money
received by Indiana University-Northwest under this subdivision
may be used only for the university's allied health education
programs.
(h) The county treasurer may estimate the amount that will be
received under this chapter for the year to determine the amount to be
transferred under this section.
(i) This subsection applies only to the distribution of revenue
received under section 1 of this chapter from hotels, motels, inns,
tourist camps, tourist cabins, and other lodgings or accommodations
built or refurbished after June 30, 1993, that are located in the largest
city of the county. During each year, the county treasurer shall transfer:
(1) seventy-five percent (75%) of the revenues under this
subsection to the department of public safety; and
(2) twenty-five percent (25%) of the revenues under this
subsection to the division of physical and economic development;
of the largest city of the county.
(j) The Lake County convention and visitor bureau shall assist the
county treasurer, as needed, with the calculation of the amounts that
must be deposited and transferred under this section.
SECTION 40.
IC 6-9-2.5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to a county having a population of more than one hundred sixty
thousand (160,000) but less than two hundred thousand (200,000). one
hundred seventy thousand (170,000) but less than one hundred
eighty thousand (180,000).
SECTION 41.
IC 6-9-3-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 1. (a) This chapter applies to each
of two (2) adjacent counties when:
(1) one (1) of the counties has a population of more than
sixty-four thousand (64,000) but less than sixty-five thousand
(65,000); seventy thousand (70,000) but less than seventy- one
thousand (71,000); and
(2) the other county has a population of more than eighty-five
thousand (85,000) but less than eighty-eight thousand (88,000).
ninety thousand (90,000) but less than one hundred thousand
(100,000).
(b) In these counties, there is created a special funds board of
managers. As used in this chapter, the term "board of managers" means
a special funds board of managers.
(c) The board of managers is composed of thirteen (13) members as
follows:
(1) Four (4) members appointed by the executive of the second
class city having the largest population, including at least one (1)
member who is engaged in the lodging business.
(2) Three (3) members appointed by the executive of the third
class city having the largest population, including at least one (1)
member who is engaged in the lodging business or the restaurant
business.
(3) Two (2) members appointed by the legislative body of the
town having the largest population.
(4) One (1) member appointed by the executive of the county with
the smaller population.
(5) Three (3) members appointed by the executive of the county
with the larger population, including at least one (1) member who
is engaged in the lodging business.
(d) The terms of office for the members of the board of managers
are for two (2) years and end as follows:
(1) For each of the following members, the term of office ends on
January 15 of each odd-numbered year:
(A) The member appointed by the less populated county's
executive.
(B) One (1) member appointed by the more populated county's
executive.
(C) One (1) member appointed by each of the city executives
referred to in this section.
(2) For all other members, the terms of office end on January 15
of each even-numbered year.
(e) At the end of the term of a member of the board of managers, the
person or body making the original appointment may reappoint a
person whose term has expired or appoint a new member for a two (2)
year term. If a vacancy occurs in the board of managers during a term,
a successor for the vacancy shall be appointed by the person or body
making the original appointment, and the successor shall serve for the
remainder of the vacated term.
(f) A member of the board of managers may be removed for cause
by the person or body making the original appointment.
(g) No more than two (2) members of the board of managers
appointed by the executive of the third class city may be of the same
political party. The two (2) members of the board of managers
appointed by the town legislative body may not be of the same political
party. No more than three (3) members of the board of managers
appointed by the executive of the second class city having the largest
population may be of the same political party.
(h) Each member of the board of managers, before entering upon the
member's duties, shall take an oath of office in the usual form, to be
endorsed upon the member's certificate of appointment, which shall be
promptly filed with the clerk of the circuit court of the member's county
of residence.
(i) A person may not be appointed as a member who has not been
a resident of one (1) of the two (2) counties for a period of two (2)
years immediately preceding the person's appointment.
(j) A member may receive no salary but is entitled to reimbursement
for any expenses necessarily incurred in the performance of the
member's duties.
SECTION 42.
IC 6-9-4-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies to a county
having a population of more than one hundred eight thousand nine
hundred fifty (108,950) but less than one hundred twelve thousand
(112,000). one hundred twenty thousand (120,000) but less than one
hundred thirty thousand (130,000).
SECTION 43.
IC 6-9-5-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies to a county
having a population of more than thirty-nine thousand (39,000) but less
than forty thousand (40,000). thirty- nine thousand (39,000) but less
than thirty- nine thousand six hundred (39,600).
SECTION 44.
IC 6-9-6-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies to a county
having a population of more than one hundred seven thousand
(107,000) but less than one hundred eight thousand (108,000). one
hundred ten thousand (110,000) but less than one hundred fifteen
thousand (115,000).
SECTION 45.
IC 6-9-7-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies to a county
having a population of more than one hundred twenty-nine thousand
(129,000) but less than one hundred thirty thousand six hundred
(130,600). one hundred forty- eight thousand (148,000) but less than
one hundred seventy thousand (170,000).
SECTION 46.
IC 6-9-10-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to a county having a population of more than sixty-eight thousand
(68,000) but less than seventy-three thousand (73,000). seventy- one
thousand (71,000) but less than seventy- one thousand four hundred
(71,400).
SECTION 47.
IC 6-9-10.5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to a county having a population of more than twenty-three thousand
(23,000) but less than twenty-three thousand five hundred (23,500).
twenty- five thousand (25,000) but less than twenty- five thousand
five hundred (25,500).
SECTION 48.
IC 6-9-11-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to a county having a population of more than one hundred thousand
(100,000) but less than one hundred seven thousand (107,000). one
hundred five thousand (105,000) but less than one hundred ten
thousand (110,000).
SECTION 49.
IC 6-9-14-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to a county having a population of more than fourteen thousand seventy
(14,070) but less than fifteen thousand (15,000). fourteen thousand
nine hundred (14,900) but less than sixteen thousand (16,000).
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 9.5. (a) This section
applies to revenues from the county food and beverage tax received by
the county after June 30, 1994.
(b) Money in the fund established under section 8 of this chapter
shall be used by the county for the financing, construction, renovation,
improvement, equipping, operation, or maintenance of the following
capital expenditures:
(1) Sanitary sewers or wastewater treatment facilities that serve
economic development purposes.
(2) Drainage or flood control facilities that serve economic
development purposes.
(3) Road improvements used on an access road for an industrial
park that serve economic development purposes.
(4) A covered horse show arena.
(5) A historic birthplace memorial.
(6) A historic gymnasium and community center in a town in the
county with a population greater than one thousand five hundred
(1,500) but less than two thousand two hundred (2,200). two
thousand (2,000) but less than two thousand four hundred
(2,400).
(7) Main street renovation and picnic and park areas in a town in
the county with a population greater than one thousand five
hundred (1,500) but less than two thousand two hundred (2,200).
two thousand (2,000) but less than two thousand four hundred
(2,400).
(8) A community park and cultural center.
(9) Projects for which the county decides after July 1, 1994, to
issue bonds or other obligations or enter into leases under section
11.5 of this chapter after the projects described in subdivisions (1)
through (8) have been funded.
(10) An ambulance.
Money in the fund may not be used for the operating costs of any of the
permissible projects listed in this section. In addition, the county may
not initiate a project under this chapter after December 31, 2004.
(c) The county capital improvements committee is established to
make recommendations to the county fiscal body concerning the use of
money in the fund established under section 8 of this chapter. The
capital improvements committee consists of the following members:
(1) One (1) resident of the county representing each of the three
(3) commissioner districts, appointed by the county executive.
Not more than two (2) of the members appointed under this
subdivision may be from the same political party.
this subdivision shall be used for the following purposes:
(A) The financing, construction, or equipping of a secure
detention facility under
IC 31-31-8
or
IC 31-6-9-5
(repealed).
(B) All reasonable and necessary architectural, engineering,
legal, financing, accounting, advertising, and supervisory
expenses related to the financing, construction, or equipping
of a facility described in clause (A).
(C) The retiring of any bonds issued, loans obtained, or lease
payments incurred under
IC 36-1-10
to finance, construct, or
equip a facility described in clause (A).
(3) Twenty percent (20%) of the money deposited shall be
transferred to the county general fund. Money transferred under
this subdivision shall be used for economic development projects
in locations other than a city described in subsection (b)(1).
(d) After the retiring of any bonds issued, loans obtained, or lease
payments incurred under
IC 36-1-10
to finance, construct, or equip a
secure detention facility under subsection (c)(2), money deposited in
the county economic development project fund after February 29,
1992, shall be transferred to the following:
(1) Seventy percent (70%) of the money deposited shall be
transferred to the fiscal officer of a city described in subsection
(b)(1).
(2) Thirty percent (30%) of the money deposited shall be
transferred to the county general fund. Money transferred under
this subdivision shall be used for economic development projects
in locations other than a city described in subsection (b)(1).
(e) Money transferred to a city fiscal officer under subsection (b)(1),
(c)(1), or (d)(1) shall be credited to a special account to be known as
the city economic development account. Money credited to the account
shall be used only for those purposes described in
IC 6-3.5-7
(the
county economic development income tax).
SECTION 60.
IC 6-9-27-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to the following:
(1) A town:
(A) located in a county having a population of more than fifty
thousand (50,000) but less than sixty thousand (60,000);
sixty- five thousand (65,000) but less than seventy thousand
(70,000); and
(B) having a population of more than five thousand (5,000) but
less than six thousand (6,000); nine thousand (9,000).
(2) A town:
(130,000).
(7) (9) A county having a population of more than one hundred
eight thousand (108,000) but less than one hundred eight
thousand nine hundred fifty (108,950). one hundred eighty
thousand (180,000) but less than one hundred eighty- two
thousand seven hundred ninety (182,790).
(b) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000) or
a township located in such a county that has established a public park
with a golf course within its jurisdiction under
IC 36-10-3
or
IC 36-10-7
may be issued a permit for the retail sale of alcoholic
beverages on the premises of any community center within the park,
including a clubhouse, social center, or pavilion.
(c) A township that:
(1) is located in a county having a population of more than one
hundred thousand (100,000) but less than one hundred seven
thousand (107,000); one hundred five thousand (105,000) but
less than one hundred ten thousand (110,000); and
(2) acquires ownership of a golf course;
may permit the retail sale of alcoholic beverages upon the premises of
the golf course, if the governing board of the golf course first applies
for and secures the necessary permits required by this title.
(d) A township:
(1) having a population of more than thirty thousand (30,000) and
less than seventy-five thousand (75,000); thirty- five thousand
(35,000) but less than one hundred thousand (100,000); and
(2) located in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred thousand
(700,000);
may be issued a permit for the retail sale of alcoholic beverages on the
premises of any community center or social center that is located
within the township and operated by the township.
(e) A city that:
(1) has a population of:
(A) more than fifty-eight thousand (58,000) but less than sixty
thousand (60,000); fifty- nine thousand seven hundred
(59,700) but less than sixty- five thousand (65,000); or
(B) more than forty thousand (40,000) but less than forty-three
thousand (43,000); forty- six thousand five hundred (46,500)
but less than fifty thousand (50,000); and
(2) owns a golf course;
may permit the retail sale of alcoholic beverages upon the premises of
the golf course if the governing board of the golf course first applies for
and secures the necessary permits required by this title.
(f) A city that:
(1) has a population of more than thirty-three thousand eight
hundred fifty (33,850) but less than thirty-five thousand (35,000);
thirty- two thousand (32,000) but less than thirty- two thousand
eight hundred (32,800); and
(2) owns or leases a marina;
may permit the retail sale of alcoholic beverages upon the premises of
the marina, if the governing board of the marina first applies for and
secures the necessary permits required by this title. The permit may
include the carryout sale of alcoholic beverages in accordance with
IC 7.1-3-4-6
(c), IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29
but may not include at-home delivery of alcoholic beverages.
(g) A city listed in this subsection that owns a marina may be issued
a permit for the retail sale of alcoholic beverages on the premises of the
marina. The permit may include the carryout sale of alcoholic
beverages in accordance with IC 7.1-3-4-6(c), IC 7.1-3-9-9(c),
IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not include at-home
delivery of alcoholic beverages. However, the city must apply for and
secure the necessary permits that this title requires. This subsection
applies to the following cities:
(1) A city having a population of more than one hundred ten
thousand (110,000) but less than one hundred twenty thousand
(120,000). ninety thousand (90,000) but less than one hundred
five thousand (105,000).
(2) A city having a population of more than seventy-five thousand
(75,000) but less than ninety thousand (90,000).
(3) A city having a population of more than thirty-three thousand
(33,000) but less than thirty-three thousand eight hundred fifty
(33,850). thirty- two thousand eight hundred (32,800) but less
than thirty- three thousand (33,000).
(4) A city having a population of more than twenty-seven
thousand (27,000) but less than thirty thousand (30,000).
thirty- three thousand (33,000) but less than thirty- six
thousand (36,000).
(5) A city having a population of more than twenty-one thousand
eight hundred thirty (21,830) but less than twenty-three thousand
(23,000). twenty- seven thousand (27,000) but less than
twenty- seven thousand four hundred (27,400).
(h) Notwithstanding subsection (a), the commission may issue a
civic center permit to a person that:
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 103. (a) No public
utility, or agent or officer thereof, or officer of any municipality
constituting a public utility, as defined in this chapter, may charge,
demand, collect, or receive from any person a greater or less
compensation for any service rendered or to be rendered, or for any
service in connection therewith, than that prescribed in the published
schedules or tariffs then in force or established as provided herein, or
than it charges, demands, collects, or receives from any other person
for a like and contemporaneous service. A person who recklessly
violates this subsection commits a Class A misdemeanor.
(b) Notwithstanding subsection (a), of this section, if a city of less
than twenty thousand (20,000) in population according to the most
recent federal decennial census, constituting a public water utility, and
acting as a public utility prior to May 1, 1913, either as such city, or by
any commercial association, chamber of commerce, or committee with
the consent of such city, entered into any agreement with any person
engaged in manufacturing any articles of commerce to furnish free
water for a certain limited time as an inducement to such person so
engaged in manufacturing to locate the establishment or manufacturing
plant of such person within such city, such city may carry out such
agreement to furnish free water to such person for the period of time
remaining, as stipulated in such contract. This chapter does not prohibit
any public utility from supplying or furnishing free service or service
at special rates to any municipality, or any institution or agency of such
municipality, in cases where the supplying or furnishing of such free
service or service at special rates is stipulated in any provision of the
franchise under which such public utility was operating before May 16,
1919, or, in the event that such franchise shall have been surrendered,
from supplying or furnishing such free service or service at special
rates until such time as the franchise would have expired had it not
been surrendered under this chapter; and it shall be the duty of any
utility operating under any franchise, stipulating for free service or
service at special rates to municipality, or any institution or agency of
such municipality, to furnish such free service or service at special
rates.
(c) This subsection applies to a public utility that provides water for
public fire protection services in both a county containing a
consolidated city and in portions of counties that are adjacent to the
county containing a consolidated city. This subsection applies
throughout the territory served by the public utility. In the case of a
public utility furnishing water and beginning on January 1, 1994, the
charges for the production, storage, transmission, sale and delivery, or
furnishing of water for public fire protection purposes shall be included
in the basic rates of the customers of the public utility. However, the
construction cost of any fire hydrant installed after December 31, 1993,
at the request of a municipality, township, county, or other
governmental unit shall be paid for by or on behalf of the municipality,
township, county, or other governmental unit. The change in the
recovery of current revenue authorized by this section shall be reflected
in a new schedule of rates to be filed with the commission at least thirty
(30) days before the time the new schedule of rates is to take effect.
The new schedule of rates shall:
(1) eliminate fire protection charges billed directly to
governmental units, other than charges for the construction cost
for new hydrants installed after December 31, 1993; and
(2) increase the rates charged each customer of the utility, based
on equivalent meter size, by an amount equal to:
(A) the revenues lost from the elimination of such fire
protection charges; divided by
(B) the current number of equivalent five-eighths (5/8) inch
meters.
This change in the recovery of public fire protection costs shall not be
considered to be a general increase in basic rates and charges of the
public utility and is not subject to the notice and hearing requirements
applicable to general rate proceedings. The commission shall approve
the new schedule of rates that are to be effective January 1, 1994.
(d) This subsection applies to a public utility or a municipally
owned water utility that is not subject to subsection (c). Except as
provided in subsection (e), in the case of a public utility or municipally
owned water utility furnishing water, if the governing body of the
governmental unit with the greatest number of customers of the utility
adopts an ordinance providing that costs shall be recovered under this
subsection, the charges for the production, storage, transmission, sale
and delivery, or furnishing of water for public fire protection purposes
shall be included in the basic rates of all customers of the utility.
However, on or after a date specified in the ordinance, the construction
cost of any fire hydrant installed at the request of a municipality,
township, county, or other governmental unit that adopts an ordinance
under this subsection shall be paid for by or on behalf of the
municipality, township, county, or other governmental unit. The change
in the recovery of current revenue authorized by the ordinance shall be
reflected in a new schedule of rates to be filed with the commission at
least thirty (30) days before the time the new schedule of rates is to take
effect. The new schedule of rates shall:
hundred (16,700) but less than seventeen thousand (17,000). When
one (1) utility has successfully withdrawn from commission
jurisdiction under this chapter, upon the filing of a complaint by
another utility that has not withdrawn from commission jurisdiction
under this chapter, the commission shall reassert jurisdiction over the
withdrawn utility with respect to the withdrawn utility's:
(1) rates and charges;
(2) rules; and
(3) operating and territorial authority;
that have been or may be established concerning the purchase of water
for resale by the complaining utility from the withdrawn utility. The
rates and charges described in subdivision (1) are subject to the
requirements of
IC 8-1-2-125.
The burden of proof that the rates and
charges described in subdivision (1) comply with
IC 8-1-2-125
is on
the withdrawn utility.
SECTION 68.
IC 8-1-8.6-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. As used in this
chapter, "steel facility" refers to a steel facility:
(1) built after January 1, 1988;
(2) located in a county having a population of more than
thirty-two thousand (32,000) but less than thirty-five thousand
(35,000); thirty-seven thousand (37,000) but less than
thirty-eight thousand (38,000); and
(3) located in the service territory of Public Service of Indiana,
Inc.
SECTION 69.
IC 8-1.5-4-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 3. The department of
waterworks has jurisdiction over a special taxing district (referred to as
"the waterworks district" in this chapter) that consists of:
(1) in the case of a second class city located in a county having a
population of more than one hundred sixty thousand (160,000)
but less than two hundred thousand (200,000), one hundred
seventy thousand (170,000) but less than one hundred eighty
thousand (180,000), all the territory within that county; or
(2) in the case of any other municipality, all the territory within
the corporate boundaries of the municipality, or the territory
served by the waterworks if larger or smaller than the corporate
boundaries.
SECTION 70.
IC 8-1.5-4-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 14. (a) This subsection
applies to a municipality that is not subject to
IC 8-1-2-103
(c) or has
not adopted an ordinance to become subject to
IC 8-1-2-103
(d). The
reasonable cost and value of any service rendered to the municipality
by the waterworks by furnishing water for public purposes or by
maintaining hydrants and other facilities for fire protection shall be:
(1) charged against the municipality; and
(2) paid for in monthly installments as the service accrues out of
the current revenues of the municipality, collected or in process
of collection, and the tax levy of the municipality made by it to
raise money to meet its necessary current expenses.
(b) This subsection applies to a municipality that is subject to
IC 8-1-2-103
(c), that has adopted an ordinance to become subject to
IC 8-1-2-103
(d), or that has adopted a plan described in
IC 8-1-2-103
(d) as prescribed in
IC 8-1-2-103
(e). The reasonable cost
and value of any service rendered to the municipality by the
waterworks by furnishing water for public purposes shall be:
(1) charged against the municipality; and
(2) paid for in monthly installments as the service accrues out of
the current revenues of the municipality, collected or in process
of collection, and the tax levy of the municipality made by it to
raise money to meet its necessary current expenses.
Except as provided in subsection (d), the cost and value of maintaining
hydrants and other facilities for fire protection shall be excluded from
the charges against the municipality and shall be recovered from the
other customers of the waterworks beginning on January 1, 1994, in a
municipality subject to
IC 8-1-2-103
(c) and beginning on a date
provided in the ordinance for a municipality that adopts an ordinance
under
IC 8-1-2-103
(d). The change in the recovery of current revenue
authorized by this section shall be reflected in a schedule of new rates
to be filed with the commission at least thirty (30) days before the time
the schedule of new rates is to take effect.
(c) The compensation for the service provided to the municipality
shall, in the manner prescribed by this chapter, be paid into the separate
and special fund created by setting aside the income and revenues of
the waterworks and is subject to apportionment to the operating,
maintenance, depreciation, and bond and interest redemption accounts.
(d) This subsection applies to a city having a population of more
than forty-three thousand (43,000) but less than forty-three thousand
seven hundred (43,700). forty-six thousand five hundred (46,500)
but less than fifty thousand (50,000). The cost and value of
maintaining hydrants and other facilities for fire protection may be
recovered from customers of the waterworks residing:
(1) in a county having a population of more than two hundred
thousand (200,000) but less than three hundred thousand
(300,000); and
(2) in a township having a population of more than six thousand
(6,000) but less than seven thousand (7,000) located in a county
having a population of more than one hundred fifty thousand
(150,000) but less than one hundred sixty thousand (160,000);
seven thousand five hundred (7,500) but less than nine
thousand (9,000) located in a county having a population of
more than one hundred eighty-two thousand seven hundred
ninety (182,790) but less than two hundred thousand
(200,000);
beginning on a date determined by the city. The city shall file a new
schedule of rates with the commission as set forth in subsection (b), but
is not subject to commission approval of the rates.
SECTION 71.
IC 8-9.5-7-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. (a) A:
(1) consolidated city; or
(2) city having a population of more than ninety thousand
(90,000) but less than one hundred ten thousand (110,000); one
hundred five thousand (105,000) but less than one hundred
twenty thousand (120,000);
may create, by an ordinance adopted by its legislative body, an
automated transit district. The ordinance creating an automated transit
district must specify the territory to be included initially in the district.
(b) An automated transit district may also be created by the
procedures provided in sections 2 and 3 of this chapter.
SECTION 72.
IC 8-10-5-8.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 8.5. Port authorities
created in a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000),
shall have all the powers of port authorities provided under
IC 8-10-5-8
except the power to exercise eminent domain as provided in section
8(G) section 8(8) of this chapter in any city having a population of:
(1) more than seventy-five thousand (75,000) but less than ninety
thousand (90,000); or
(2) more than thirty-three thousand eight hundred fifty (33,850)
but less than thirty-five thousand (35,000). thirty-two thousand
(32,000) but less than thirty-two thousand eight hundred
(32,800).
SECTION 73.
IC 8-10-5-22
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 22. (a) This section
applies to a city having a population of more than thirty-three thousand
(33,000) but less than thirty-three thousand eight hundred fifty
(33,850). thirty-two thousand eight hundred (32,800) but less than
thirty-three thousand (33,000).
(b) The fiscal body may impose an annual fee upon each watercraft
that is docked for more than twenty-nine (29) days during a year in
waters that are under the jurisdiction of a port authority under this
chapter.
(c) A fee imposed under this section shall be:
(1) not more than seventy-five cents ($0.75) per foot for
watercraft of thirty (30) feet or less; and
(2) not more than one dollar and fifty cents ($1.50) per foot for
watercraft over thirty (30) feet.
(d) Fees collected under this section shall be deposited in the
cumulative channel maintenance fund established under section 17 of
this chapter and shall be used only to pay for dredging.
SECTION 74.
IC 8-10-9-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to a city having a population of more than thirty-three thousand eight
hundred fifty (33,850) but less than thirty-five thousand (35,000)
persons in a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
persons. thirty-two thousand (32,000) but less than thirty-two
thousand eight hundred (32,800).
SECTION 75.
IC 8-14-8-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 3. For purposes of this
chapter, "qualified county" means a county having a population of:
(1) more than forty-four thousand (44,000) but less than forty-five
thousand (45,000); fifty thousand (50,000) but less than
fifty-five thousand (55,000);
(2) more than thirty-six thousand (36,000) but less than thirty-six
thousand seven hundred (36,700); thirty-nine thousand six
hundred (39,600) but less than forty thousand (40,000);
(3) more than thirty-one thousand five hundred (31,500) but less
than thirty-two thousand (32,000); thirty-two thousand (32,000)
but less than thirty-three thousand (33,000);
(4) more than twenty-seven thousand five hundred (27,500) but
less than twenty-seven thousand six hundred (27,600);
twenty-nine thousand (29,000) but less than thirty thousand
(30,000);
(5) more than twenty-five thousand nine hundred fifty (25,950)
but less than twenty-six thousand (26,000); twenty-seven
thousand (27,000) but less than twenty-seven thousand two
hundred (27,200);
thousand eight hundred (32,800) but less than thirty-three
thousand (33,000).
(2) An underpass of any length that is designed to carry motor
vehicle traffic or other moving loads.
(c) As used in this chapter, "major obstruction" means a physical
barrier to the passage of motor vehicle traffic that inhibits the use of the
customary highway construction techniques to bridge the barrier
without use of a grade separation structure.
SECTION 77.
IC 8-22-2-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. (a) Whenever the
fiscal body of an eligible entity adopts an ordinance or a resolution in
favor of the acquisition, improvement, operation, or maintenance of an
airport or landing field for the entity under this chapter, and declaring
a necessity for the airport or landing field, then on the effective date of
the ordinance or resolution, there is established as an executive
department of the entity a department of aviation, under the control of
a board to be known as the board of aviation commissioners.
(b) The following apply to a board of aviation commissioners
established under this chapter:
(1) Except as provided in subsections (e) through (f), the board
consists of four (4) members.
(2) Except as provided in subsection (e), the executive of the
entity shall appoint the members of the board.
(3) Except as provided in subsection (f), not more than two (2) of
the members of the board may be of the same political party.
(c) The fiscal body of the entity may provide a per diem for the
members of the board in any amount not exceeding thirty-five dollars
($35) for each whole or part day a member is engaged in board
activities. The members of the board shall also be paid their actual
expenses, which may include the expenses of the members or
employees of the board in attending meetings or conventions held to
discuss aviation matters.
(d) Before beginning the duties of office, each board member shall
take and subscribe the usual oath of office, to be endorsed upon the
certificate of appointment, and shall cause that to be filed with the clerk
or other officer performing duties similar to that of clerk in the entity.
Any person who does not file the oath with the clerk or other officer
performing duties similar to that of the clerk within thirty (30) days
after the beginning of the term for which he has been appointed, or at
the date of his appointment, if appointed after the beginning of the
term, is considered to have refused to serve and the office becomes
vacant.
executive must be of a different political party than the other appointed
member.
(c) In the event that an authority is established by a city or town and
a county, acting jointly, the board consists of six (6) members. The
executive of each entity shall appoint three (3) members. Not more
than two (2) members appointed by each executive may be of the same
political party.
(d) In the event that an authority was established under
IC 19-6-3
(before its repeal on April 1, 1980) the board consists of five (5)
members. Three (3) members of the board shall be appointed by the
mayor of the city, and two (2) members of the board shall be appointed
by the board of commissioners of the county. Not more than two (2)
members representing the city may be members of the same political
party, and not more than one (1) member representing the county may
be a member of the same political party.
(e) Except as provided in section 4.1(b)(3) of this chapter, the
county executive of each Indiana county that is adjacent to a county
establishing an authority under this chapter and in which the authority
owns real property may appoint one (1) advisory member to the board.
An advisory member who is appointed under this subsection:
(1) must be a resident of the adjacent county;
(2) may not vote on any matter before the board;
(3) serves at the pleasure of the appointing authority; and
(4) serves without compensation or payment for expenses.
(f) The board of an authority established in a city that has a
population of more than fourteen thousand seven hundred fifty
(14,750) but less than fifteen thousand (15,000) and that is located in
a county having a population of more than thirty thousand six hundred
(30,600) but less than thirty-one thousand (31,000) sixteen thousand
six hundred (16,600) but less than seventeen thousand four
hundred (17,400) consists of five (5) members. The members of the
board shall be appointed by the executive of the eligible entity, and not
more than three (3) members of the board may be of the same political
party.
SECTION 79.
IC 8-22-3-4.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 4.1. (a) This section
applies only to the board of an airport authority established for a county
having a consolidated city.
(b) The board consists of members appointed as follows:
(1) The mayor of the consolidated city shall appoint five (5)
members. Each member appointed under this subdivision must be
a resident of the county having the consolidated city.
are required only to the extent and only for the period that the lessor is
able to provide the leased facilities in accordance with the lease. The
terms of each lease must be based upon the value of the facilities leased
and may not create a debt of the authority or the eligible entity for
purposes of the Constitution of the State of Indiana.
(c) A lease may be entered into by the authority only after a public
hearing by the board at which all interested parties are provided the
opportunity to be heard. After the public hearing, the board may adopt
an ordinance authorizing the execution of the lease if it finds that the
service to be provided throughout the term of the lease will serve the
public purpose of the authority and is in the best interest of the
residents of the authority district.
(d) Upon execution of a lease providing for payments by the
authority in whole or in part from the levy of property taxes under
IC 8-22-3-17
, the board shall publish notice of the execution of the
lease and its approval in accordance with
IC 5-3-1.
Fifty (50) or more
taxpayers residing in the authority district who will be affected by the
lease and who may be of the opinion that no necessity exists for the
execution of the lease or that the payments provided for in the lease are
not fair and reasonable may file a petition in the office of the county
auditor within thirty (30) days after the publication of the notice of
execution and approval. The petition must set forth the petitioners'
names, addresses, and objections to the lease and the facts showing that
the execution of the lease is unnecessary or unwise or that the
payments provided for in the lease are not fair and reasonable, as the
case may be.
(e) Upon the filing of a petition under subsection (d), the county
auditor shall immediately certify a copy of the petition, together with
any other data necessary to present the questions involved, to the state
board of tax commissioners. Upon receipt of the certified petition and
information, the state board of tax commissioners shall fix a time and
place for a hearing in the authority district, which must be not less than
five (5) or more than thirty (30) days after the time is fixed. Notice of
the hearing shall be given by the state board of tax commissioners to
the members of the board, and to the first fifty (50) petitioners on the
petition, by a letter signed by one (1) member of the state board of tax
commissioners and enclosed with fully prepaid postage sent to those
persons at their usual place of residence, at least five (5) days before
the date of the hearing. The decision of the state board of tax
commissioners on the appeal, upon the necessity for the execution of
the lease, and as to whether the payments under it are fair and
reasonable, is final.
records. The bureau may not issue a license to a dealer who transacts
business in this manner who does not have an established place of
business in Indiana.
(d) This subsection applies to an application for a license as a dealer
in a city having a population of more than one hundred ten thousand
(110,000) but less than one hundred twenty thousand (120,000). ninety
thousand (90,000) but less than one hundred five thousand
(105,000). The application must include an affidavit from:
(1) the person charged with enforcing a zoning ordinance
described in this subsection; or
(2) the zoning enforcement officer under
IC 36-7-4
, if one exists;
who has jurisdiction over the real property where the applicant wants
to operate as a dealer. The affidavit must state that the proposed
location is zoned for the operation of a dealer's establishment. The
applicant may file the affidavit at any time after the filing of the
application. However, the bureau may not issue a license until the
applicant files the affidavit.
SECTION 85.
IC 9-23-2-4
, AS AMENDED BY P.L.74-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 4. (a) The license issued to a factory branch, a
distributor branch, an automobile auctioneer, a transfer dealer, or a
dealer under this chapter must specify the location of each place of
business and shall be conspicuously displayed at each business
location.
(b) If a business name or location is changed, the holder shall notify
the bureau within ten (10) days and remit the fee required under
IC 9-29-8.
The bureau shall endorse that change on the license if the
bureau determines that the change is not subject to other provisions of
this article.
(c) A dealer who uses the Internet or other computer network to
facilitate the sale of motor vehicles as set forth in section 2(c) of this
chapter shall notify the bureau within ten (10) days upon any change
in the name, address, or telephone number of business records located
outside Indiana that have been created in transactions made in Indiana
by the dealer. A report made under this subsection is not subject to the
fee required under
IC 9-29-8-5.
(d) This subsection applies to a dealer in a city having a population
of more than one hundred ten thousand (110,000) but less than one
hundred twenty thousand (120,000). ninety thousand (90,000) but less
than one hundred five thousand (105,000). A dealer who wants to
change a location must submit to the bureau an application for approval
of the change. The application must be accompanied by an affidavit
from:
(1) the person charged with enforcing a zoning ordinance
described in this subsection; or
(2) the zoning enforcement officer under
IC 36-7-4
, if one exists;
who has jurisdiction over the real property where the applicant wants
to operate as a dealer. The affidavit must state that the proposed
location is zoned for the operation of a dealer's establishment. The
bureau may not approve a change of location or endorse a change of
location on the dealer's license until the dealer provides the affidavit.
(e) For the purpose of this section, an offsite license issued under
section 7 of this chapter does not constitute a change of location.
SECTION 86.
IC 10-7-2-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) There is hereby
created a commission to be known as the Indiana war memorials
commission. which shall consist
(b) The commission consists of one (1) member from ten (10)
members. Each Indiana congressional district of the state, must be
represented by at least one (1) member who is a resident of that
congressional district. Each of whom shall commission member
must have been a veteran of service in the armed forces of the United
States of America in time of war and a citizen of Indiana at the time of
such service to be appointed in the manner and for the terms, to have
the powers and perform the duties as provided in this chapter. and to
be referred to in this chapter as "the commission". Said
(c) The commission, as such and in such name, may prosecute and
defend suits and shall have all other duties, rights, and powers incident
to the carrying out and not inconsistent with the provisions of this
chapter. provided, however, that
(d) The members constituting such of the commission shall not be
liable in their individual capacity, except to the state of Indiana, for any
act done or omitted in connection with the performance of their duties
under the provisions of this chapter.
(b) (e) Any suit brought against said the commission shall be begun
in some court of competent jurisdiction in the county of Marion, state
of Indiana, and notice or summons thereof of the suit shall be served
upon the president, vice president, or secretary of said the commission,
and in any such suit, it shall not be necessary to name the individual
members of said the commission as either plaintiff or defendant, but
they shall have the right to sue and be sued in the name of the Indiana
war memorials commission. Said
(f) The commission shall report to the governor through the adjutant
general and shall be under the adjutant general for administrative
supervision.
SECTION 87.
IC 10-7-2-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. The governor of the
state shall appoint members of the commission for a term of three (3)
years, subject to removal as herein provided. In the event that an
additional congressional district be created, the governor shall appoint
a member from such district, who shall serve for a term of three (3)
years. Said The commissioners shall be persons of high standing and
character, and shall serve without compensation, but may receive
reimbursement for any reasonable expenses necessarily incurred by
them in the performance of their duties. Said The commissioners shall
be selected without regard to their political affiliations, but not more
than six (6) of said the commissioners, at any time, shall be of the same
political party. The governor may, for just cause, based upon written
charges specifying the alleged misconduct, remove any member of said
the commission, after notice to such member and a public hearing. In
case of a vacancy, caused by removal or otherwise, the governor shall
appoint some qualified person to fill the unexpired term.
SECTION 88.
IC 10-9-2-2
, AS ADDED BY P.L.178-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 2. (a) The foundation consists of fifteen (15)
voting members and four (4) nonvoting advisory members.
(b) The voting members shall be appointed by the governor. The
voting members are as follows:
(1) The executive director, subject to subsection (d).
(2) The state fire marshal.
(3) The state building commissioner.
(4) The deputy director of the state emergency management
agency.
(5) The deputy director of the state emergency management
agency for emergency medical services.
(6) Ten (10) members, individuals appointed by the governor.
Each representing a Indiana congressional district in the state.
must be represented by at least one (1) member who is a
resident of that congressional district. Not more than five (5) of
the members may represent the same political party.
(c) The four (4) nonvoting advisory members are as follows:
(1) Two (2) members, one (1) from each political party, appointed
by the president pro tempore of the senate with advice from the
minority leader of the senate.
(2) Two (2) members, one (1) from each political party, appointed
by the speaker of the house of representatives with advice from
the minority leader of the house of representatives.
(d) The executive director may vote for tie breaking purposes only.
(e) In the absence of a member, the member's vote may be cast by
another member if the member casting the vote has a written proxy in
proper form as required by the foundation.
SECTION 89.
IC 11-10-5-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 4. (a) All teachers
employed by the department are subject to all provisions of law
concerning the minimum salary of teachers and membership in any
teachers' retirement fund plan. The commissioner or the
commissioner's designated representative shall annually determine the
salary schedule of the largest school corporation of the county in which
each correctional institution is located.
(b) Except as provided in subsections (e) through (f), from the
information described in subsection (a), the commissioner shall
prescribe, subject to approval by the state personnel department and the
budget agency, a salary schedule for each correctional institution, using
a daily rate of pay for each teacher, which must be equal to that of the
largest school corporation in the county in which the correctional
institution is located.
(c) The commissioner shall prescribe the terms of the annual
contract awarded to licensed teachers qualifying for payment under the
schedule established under subsection (b).
(d) Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(e) If the school corporation in which the correctional institution is
located becomes the largest school corporation in the county in which
the correctional institution is located, the daily rate of pay for each
teacher must be equal to that of the school corporation in which the
correctional institution is located without regard to whether the school
corporation in which the correctional institution is located remains the
largest school corporation in the county.
(f) Using a daily rate of pay for each teacher, the salary schedule for
each correctional institution located in a county having a population of:
(1) more than fifteen thousand (15,000) but less than sixteen
thousand (16,000); seventeen thousand (17,000) but less than
seventeen thousand five hundred (17,500); or
(2) more than seventy-five thousand (75,000) but less than
seventy-eight thousand (78,000); one hundred thousand
(100,000) but less than one hundred five thousand (105,000);
must be equal to that of the school corporation in which the
correctional institution is located.
conditions:
(1) Both of the supervised group living facilities meet all
standards for licensure as provided in section 10(3) of this
chapter.
(2) Both of the supervised group living facilities are built on land
that is owned by one (1) private entity.
(3) The community formed by the supervised group living
facilities provides job opportunities for residents of the supervised
group living facilities.
(d) The council may approve an entity to provide supported living
services only if the entity meets the standards established under section
10 of this chapter.
SECTION 94.
IC 13-13-6-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. The commissioner
shall establish a northwest Indiana advisory board to serve the
following counties:
(1) A county that has a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000).
(2) A county that has a population of more than one hundred
seven thousand (107,000) but less than one hundred eight
thousand (108,000). one hundred ten thousand (110,000) but
less than one hundred fifteen thousand (115,000).
(3) A county that has a population of more than one hundred
twenty-five thousand (125,000) but less than one hundred
twenty-nine thousand (129,000). one hundred forty-five
thousand (145,000) but less than one hundred forty-eight
thousand (148,000).
SECTION 95.
IC 13-17-5-5.4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 5.4. (a) This section
applies to the following counties:
(1) A county having a population of more than sixty-four
thousand (64,000) but less than sixty-five thousand (65,000).
seventy thousand (70,000) but less than seventy-one thousand
(71,000).
(2) A county having a population of more than eighty-five
thousand (85,000) but less than eighty-eight thousand (88,000).
ninety thousand (90,000) but less than one hundred thousand
(100,000).
(b) For the purpose of determining the number of inspection stations
operating in a county under this subsection, a temporary or portable
inspection station counts as an inspection station. After July 1, 1997,
the department must maintain in a county under subsection (a) an equal
or greater number of inspection stations as were operating in the county
on July 1, 1996.
SECTION 96.
IC 13-17-11-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 2. The department
may not issue a permit for the construction or the operation of a
thermal oxidation unit that would be used only to remediate soil
contaminated by petroleum or a petroleum byproduct if the thermal
oxidation unit would be constructed or operated in a county that:
(1) has a population of:
(A) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(B) more than one hundred twenty-five thousand (125,000) but
less than one hundred twenty-nine thousand (129,000); one
hundred forty-five thousand (145,000) but less than one
hundred forty-eight thousand (148,000); and
(2) is located in an air quality control area that has been classified
as a nonattainment area under the federal Clean Air Act (42
U.S.C. 7401 et seq.);
unless it can be demonstrated that the thermal oxidation unit is in
compliance with a state implementation plan submitted under Section
182 of the federal Clean Air Act (42 U.S.C. 7511a).
SECTION 97.
IC 13-21-3-12.2
, AS ADDED BY P.L.98-2000,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 12.2. (a) This section applies to a county having
a population of more than one hundred sixty thousand (160,000) but
less than two hundred thousand (200,000). one hundred seventy
thousand (170,000) but less than one hundred eighty thousand
(180,000).
(b) In addition to the powers granted to a district under section 12
of this chapter, a district may make grants or loans of money, property,
or services to a public or private program to plant or maintain trees in
an area of the district that is a right-of-way, public property, or vacant
property.
SECTION 98.
IC 13-21-3-14.5
, AS AMENDED BY P.L.70-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 14.5. (a) This section does not apply to the
following:
(1) The continuation of waste management services that a solid
waste district provides with its facilities or work force before
March 15, 1996.
(2) Waste management services provided to the district under an
agreement entered into by the district before March 15, 1996,
with another person until the agreement terminates by its terms or
is terminated for cause.
(3) The development, operation, and contracting for the
development or operation of a publicly owned solid waste landfill
in a county having a population of more than one hundred seven
thousand (107,000) but less than one hundred eight thousand
(108,000). one hundred ten thousand (110,000) but less than
one hundred fifteen thousand (115,000). The operation of the
landfill must have begun before July 1, 2001.
(4) A contract entered into between the board and a third party
before May 1, 1997, for the development or operation of a solid
waste landfill in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred thousand
(700,000). The third party is limited to those parties that
submitted proposals to the board under a formal request for
proposals that were selected by the board, before December 1,
1995, as finalists in the contract negotiations.
(5) A contract between a board and a third party to operate a
facility that is owned by the district and for which construction
was substantially complete before March 1, 1996.
(6) Activities conducted as part of household hazardous waste (as
defined in IC 13-11-2-104) collection and disposal projects.
(b) Except as provided in subsection (c), a district may not:
(1) undertake to provide waste management services by means of
its own work force; or
(2) contract with any person to provide waste management
services.
(c) A district may perform the activities described in subsection (b):
(1) if:
(A) the board is able to adopt a resolution under subsection
(d); and
(B) a private sector entity is not willing or able to provide
waste management services at a reasonable cost to the district;
or
(2) if the district is requested to do so by a unit of government that
performs the activities with the unit's work force.
(d) The board may adopt a resolution determining that the district
must either provide waste management services by means of its own
work force or contract with a person to provide waste management
services, only if the board finds that:
(1) the waste management service is not currently available in the
district at a reasonable cost; and
(2) providing the waste management service by means of its own
work force or by contract will benefit the public health, welfare,
and safety of residents of the district.
The board's determination must be supported with findings of fact.
(e) A district shall provide notice by publication under
IC 5-3-1
and
at the time of publication serve by first class mail to any person that
delivers to the district an annual written request for notices before
January 1 of any meeting to consider adoption of a resolution making
a preliminary determination that it is necessary for the district to
undertake to provide waste management services by means of its own
work force or contract with any person to provide waste management
services.
(f) Whenever a district evaluates the reasonableness of cost under
this section, it shall:
(1) compare the cost of the same level of service provided in the
district or in similar demographic areas within Indiana; and
(2) if the district wishes to provide waste management services
with its own facilities or work force, the district must disclose the
entire cost of providing the service by the district, including the
following:
(A) subsidies arising from taxes, fees, grants, or
intergovernmental transfers;
(B) in-kind contributions of real estate, interests in real estate,
equipment, personnel, or other assets;
(C) discounts; and
(D) tax exemptions.
(g) A resolution adopted under subsection (d) may authorize a
district to perform more than one (1) solid waste recycling, collection,
or disposal event in the manner described in subsection (b) if:
(1) the duration of each event authorized by the resolution is not
more than one (1) day; and
(2) all events authorized by the resolution will take place in one
(1) calendar year.
SECTION 99.
IC 13-21-3-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 15. (a) A district
located in a county having a population of more than thirty-one
thousand five hundred (31,500) but less than thirty-two thousand
(32,000) thirty-two thousand (32,000) but less than thirty-three
thousand (33,000) may appeal to the state board of tax commissioners
to have a property tax rate in excess of the rate permitted by section 12
of this chapter. The appeal may be granted if the district establishes
that all of the following conditions exist:
(1) The district is in the process of constructing a landfill.
(2) A higher property tax rate is necessary to pay the fees charged
by out of county landfills to dispose of solid waste generated in
the district during the design and construction phases of the
landfill being established by the district.
(b) The procedure applicable to maximum levy appeals under
IC 6-1.1-18.5
applies to an appeal under this section. Any additional
levy granted under this section:
(1) is not part of the total county tax levy (as defined in
IC 6-1.1-21-2
); and
(2) may not exceed seven and thirty-three hundredths cents
($0.0733) on each one hundred dollars ($100) of assessed
valuation of property in the district.
(c) The state board of tax commissioners shall establish the tax rate
if a higher tax rate is permitted.
(d) A property tax rate imposed under this section expires not later
than December 31, 1997.
SECTION 100.
IC 13-21-13-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. (a) A board may
impose fees on the disposal of solid waste in a final disposal facility
located within the district. A fee imposed by a board in a county with
a population of more than one hundred seven thousand (107,000) and
less than one hundred eight thousand (108,000) one hundred ten
thousand (110,000) but less than one hundred fifteen thousand
(115,000) under this section may not exceed two dollars and fifty cents
($2.50) a ton. A fee imposed by a board in other counties under this
section may not exceed:
(1) two dollars and fifty cents ($2.50) a ton; or
(2) the amount of a fee imposed by the board;
(A) under this section; and
(B) in effect on January 1, 1993;
whichever is greater.
(b) The board shall do the following:
(1) Set the amount of fees imposed under this section after a
public hearing.
(2) Give public notice of the hearing.
(c) If solid waste has been subject to a district fee under this section,
the total amount of the fee that was paid shall be credited against a
district fee to which the solid waste may later be subject under this
section.
(d) Except as provided in section 4 of this chapter, fees imposed
under this chapter shall be imposed uniformly on public facilities and
on privately owned or operated facilities throughout the district.
(e) A resolution adopted by a board that establishes fees under this
chapter may contain a provision that authorizes the board to impose a
penalty of not more than five hundred dollars ($500) per day because
of:
(1) nonpayment of fees; or
(2) noncompliance with a condition in the resolution.
(f) A board may not impose fees for material used as alternate daily
cover pursuant to a permit issued by the department under 329
IAC 10-20-13.
SECTION 101.
IC 14-12-2-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 14. (a) The Indiana
heritage trust project committee is established.
(b) The project committee consists of the following sixteen (16)
members:
(1) The director of the division of fish and wildlife.
(2) The director of the division of forestry.
(3) The director of the division of nature preserves.
(4) The director of the division of state parks.
(5) The director of the division of outdoor recreation.
(6) The director of the division of state museums and historic
sites.
(7) Ten (10) individuals appointed by the governor. The
governor shall appoint individuals so that all the following are
satisfied:
(A) who are The individuals must be residents of Indiana.
(B) who The individuals must have a demonstrated interest
or experience in:
(i) conservation of natural resources; or
(ii) management of public property.
(C) Each of whom resides in a different Indiana congressional
district and must be represented by at least one (1)
individual who is a resident of that congressional district.
(D) who The individuals must represent the following:
(i) The environmentalist community.
(ii) The academic community.
(iii) Organized hunting and fishing groups.
(iv) The forest products community.
(v) The parks and recreation community.
SECTION 102.
IC 14-15-3-17
, AS AMENDED BY P.L.38-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 17. (a) A person operating a motorboat may not
approach or pass within two hundred (200) feet of the shore line of a
lake or channel of the lake at a place or point where the lake or channel
is at least five hundred (500) feet in width, except for the purpose of
trolling or for the purpose of approaching or leaving a dock, pier, or
wharf or the shore of the lake or channel.
(b) Except as provided in subsection (c), a person operating a
motorboat may not approach or pass within two hundred (200) feet of
the shore line of a lake or channel of the lake at a speed greater than
idle speed.
(c) This subsection applies to lakes formed by hydroelectric dams
in a county having a population of:
(1) more than twenty-three thousand (23,000) but less than
twenty-three thousand five hundred (23,500); twenty-five
thousand (25,000) but less than twenty-five thousand five
hundred (25,500); or
(2) more than eighteen thousand five hundred (18,500) but less
than eighteen thousand eight hundred twenty (18,820). twenty
thousand (20,000) but less than twenty thousand three
hundred (20,300).
A person operating a motorboat may not approach or pass within fifty
(50) feet of the shore line at a speed greater than idle speed. However,
on tributaries of lakes described in this subsection that are formed by
hydroelectric dams, a person operating a motor boat may not approach
or pass within two hundred (200) feet of the shore line of the tributary
at a speed greater than idle speed. For the purposes of this chapter,
tributaries on lakes formed by hydroelectric dams do not include the
principal body of water flowing into the lakes.
SECTION 103.
IC 14-26-6-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 2. This chapter does
not apply to any of the following:
(1) An artificial lake that is created or used in or in connection
with the following:
(A) Supplying a city or town with water.
(B) The generation of electric energy.
(C) The storage of water for a use described in clause (A) or
(B).
(2) The waters of Lake Michigan.
(3) A lake owned or controlled by the department.
(4) The waters of an artificial lake in a town located in a county
having a population of more than thirty-seven thousand eight
hundred (37,800) but less than thirty-eight thousand (38,000).
forty-six thousand two hundred fifty (46,250) but less than
forty-seven thousand (47,000).
SECTION 104.
IC 14-33-2-18
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 18. (a) This section
applies only to a district to be located in a county having a population
of more than seventy-five thousand (75,000) but less than seventy-eight
thousand (78,000). one hundred thousand (100,000) but less than
one hundred five thousand (105,000).
(b) If the court determines that a petition conforms to the
requirements, the court shall enter an order referring the petition to the
commission.
(c) The commission shall make a determination and report to the
court whether the proposed district should be established after
determining whether the proposed district meets the following
conditions:
(1) The proposed district appears to be necessary.
(2) The proposed district holds promise of economic and
engineering feasibility.
(3) The proposed district seems to offer benefits in excess of costs
and damages for purposes other than the following:
(A) Water supply.
(B) Storage of water for augmentation of stream flow.
(C) Sewage disposal.
(4) Whether the public health will be served immediately or
prospectively by the establishment of the district for any of the
following purposes:
(A) Water supply.
(B) Sewage disposal.
(C) Storage of water for augmentation of stream flow.
(D) Any combination of these purposes.
(5) The proposed district proposes to cover and serve a proper
area.
(6) The proposed district can be established and operated in a
manner compatible with established:
(A) districts;
(B) flood control projects;
(C) reservoirs;
(D) lakes;
(E) drains;
(F) levees;
(G) regional water districts;
(H) regional sewer districts; and
than one hundred thirty seventy thousand six hundred (130,600)
(170,000) may only establish and maintain one (1) local health
department having countywide jurisdiction.
(c) The county executive in a county having a population of more
than one hundred twenty-nine forty-eight thousand (129,000)
(148,000) but less than one hundred thirty seventy thousand six
hundred (130,600) (170,000) may adopt health ordinances that apply
to the entire county.
(d) A health ordinance adopted by a city legislative body after
December 31, 1993, in a county having a population of more than one
hundred twenty-nine forty-eight thousand (129,000) (148,000) but less
than one hundred thirty seventy thousand six hundred (130,600)
(170,000) is void.
SECTION 107.
IC 16-20-2-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 7. (a) In the following
counties, the county executive and the executive of the most populous
city located in the county shall appoint the members of the local board
of health:
(1) A county having a population of more than three hundred
thousand (300,000) but less than four hundred thousand
(400,000).
(2) A county having a population of more than one hundred sixty
seventy thousand (160,000) (170,000) but less than two hundred
one hundred eighty thousand (200,000). (180,000).
(3) A county having a population of more than sixty four seventy
thousand (64,000) (70,000) but less than sixty-five seventy-one
thousand (65,000). (71,000).
(b) Except as provided in subsection (c), the executive of each
second class city shall appoint a number of members of the board in the
proportion that the city's population is to the total county population to
the nearest whole fraction. The appointments made under this
subsection shall be made in order, according to the population of a city,
with the city having the largest population making the first
appointments. The county executive shall appoint the remaining
number of members of the county board of health.
(c) The members of the local board of health in a county having a
population of more than three hundred thousand (300,000) but less
than four hundred thousand (400,000) shall be appointed as follows:
(1) Three (3) members shall be appointed by the executive of the
most populous city in the county.
(2) Four (4) members shall be appointed by the county executive.
SECTION 108.
IC 16-20-2-18
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 18. (a) This section
applies to a county having a population of more than one hundred
twenty-nine forty-eight thousand (129,000) (148,000) but less than
one hundred thirty seventy thousand six hundred (130,600). (170,000).
(b) Each year the county fiscal officer shall transfer to the
community health clinic located in the county an amount equal to the
revenue raised from a property tax rate of one hundred sixty-seven
thousandths of one cent ($0.00167) for each one hundred dollars
($100) of assessed valuation of the taxable property in the county.
(c) The transfer shall be made in four (4) equal installments before
the end of January, April, July, and October. The transfer shall be made
without the necessity of an appropriation.
SECTION 109.
IC 16-20-4-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 5. (a) Except as
provided in subsection (b), the legislative body of a second class city
may by resolution provide for a full-time city health department.
(b) A local official, city legislative body, city fiscal body, or county
may not establish a full-time or part-time city health department in a
county having a population of more than one hundred twenty-nine
forty-eight thousand (129,000) (148,000) but less than one hundred
thirty seventy thousand six hundred (130,600). (170,000).
(c) A health ordinance adopted by a city legislative body after
December 31, 1993, in a county having a population of more than one
hundred twenty-nine forty-eight thousand (129,000) (148,000) but less
than one hundred thirty seventy thousand six hundred (130,600)
(170,000) is void.
SECTION 110.
IC 16-20-4-27
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 27. (a) This section
applies to each city having a population of:
(1) more than twenty-five twenty-eight thousand five seven
hundred (25,500) (28,700) but less than twenty-six twenty-nine
thousand (26,000); (29,000); or
(2) more than forty-three fifty-five thousand seven hundred
(43,700) (55,000) but less than forty-four fifty-nine thousand
(44,000). (59,000).
(b) Each year the fiscal officer of each city shall transfer to the
community health clinic located in the county in which the city is
located an amount equal to the revenue raised from a property tax rate
of sixty-seven hundredths of one cent ($0.0067) for each one hundred
dollars ($100) of assessed valuation of the taxable property in the city.
(c) The transfer shall be made in four (4) equal installments before
the end of January, April, July, and October. The transfer shall be made
without the necessity of an appropriation.
SECTION 111.
IC 16-22-2-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 4. (a) This section
applies to the governing boards of county hospitals in a county having
a population of more than thirty-nine thousand (39,000) but less than
forty thirty-nine thousand six hundred (40,000). (39,600).
(b) The governing board of a county hospital consists of seven (7)
members, as follows:
(1) Three (3) members must be the members of the county
executive.
(2) Four (4) members, one (1) of whom may be a licensed
physician, shall be appointed by the judge of the circuit court of
the county.
(c) The term of office for members of the governing board, other
than the members of the county executive, is two (2) years.
SECTION 112.
IC 16-22-2-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 7. (a) Except as
provided in subsection (d), a governing board of four (4) members in
existence on September 2, 1971, may petition the county executive to
increase the size of the board to five (5), six (6), seven (7), eight (8), or
nine (9) members. If the county executive approves the petition, the
county executive shall appoint new members to increase the number of
board members to the chosen size in the following manner:
(1) If a board size of:
(A) five (5) or six (6) members is chosen, not more than three
(3) members may be of the same political party;
(B) seven (7) or eight (8) members is chosen, not more than
four (4) members may be of the same political party; and
(C) nine (9) members is chosen, not more than five (5)
members may be of the same political party.
(2) All members must be residents of the county in which the
hospital is located.
(3) If a board size of five (5) members is chosen, a new member
shall be appointed for an initial term of one (1) year.
(4) If a board size of six (6) members is chosen, the new members
shall be appointed in the following order as necessary:
(A) One (1) new member for an initial term of one (1) year.
(B) One (1) new member for an initial term of two (2) years.
(5) If a board size of seven (7) members is chosen, the new
members shall be appointed in the following order as necessary:
(A) One (1) new member for an initial term of one (1) year.
(B) One (1) new member for an initial term of two (2) years.
unable to pay to the extent of the hospital's ability to do so;
(5) the revenue of which is insufficient to support and maintain
the hospital and enable the hospital to supply the need and
demand for hospital care and nursing in the city, either alone or
in conjunction with other hospitals in the city; and
(6) in a city that has no city hospital under the city's control that
is supported entirely by public money.
SECTION 116.
IC 16-23-9-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to a nonprofit hospital corporation that:
(1) is located in a township having a population of more than six
thousand (6,000) but less than twelve thousand (12,000) in a
county having a population of more than forty-one thousand
(41,000) but less than forty-two thousand five hundred (42,500);
eight thousand (8,000) but less than ten thousand (10,000)
located in a county having a population of more than
forty-five thousand (45,000) but less than forty-five thousand
nine hundred (45,900);
(2) has a majority of members who are residents of the township;
(3) is managed by directors, a majority of whom are residents of
the township and who serve without compensation;
(4) is free from political or sectarian influence and is required by
the hospital's articles of incorporation to be so managed and
maintained perpetually; and
(5) is unable to be maintained and supported and to perform the
hospital service reasonably needed and required for the people of
the township without assistance, as determined by the township
trustee and township board.
SECTION 117.
IC 16-24-1-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 15. (a) This section
applies to a county having a population of any of the following:
(1) More than one hundred sixty seventy thousand (160,000)
(170,000) but less than two one hundred eighty thousand
(200,000). (180,000).
(2) More than one hundred thirty thousand (130,000) but less than
one hundred fifty forty-five thousand (150,000). (145,000).
(3) More than one hundred fifty eighty-two thousand (150,000)
seven hundred ninety (182,790) but less than one two hundred
sixty thousand (160,000). (200,000).
(4) More than one hundred twelve eighteen thousand (112,000)
(118,000) but less than one hundred twenty-five twenty thousand
(125,000). (120,000).
a school corporation; or
(2) vacancy on the governing body of a school corporation.
(c) Notwithstanding any other law, if a tie vote occurs among any of
the candidates for the governing body or a vacancy occurs on the
governing body, the remaining members of the governing body, even
if the remaining members do not constitute a majority of the governing
body, shall by a majority vote of the remaining members:
(1) select one (1) of the candidates who shall be declared and
certified elected; or
(2) fill the vacancy by appointing an individual to fill the vacancy.
(d) An individual appointed to fill a vacancy under subsection
(c)(2):
(1) must satisfy all the qualifications required of a member of the
governing body; and
(2) shall fill the remainder of the unexpired term of the vacating
member.
(e) If a tie vote occurs among the remaining members of the
governing body or the governing body fails to act within thirty (30)
days after the election or the vacancy occurs, the fiscal body (as
defined in
IC 3-5-2-25
) of the township in which the greatest
percentage of population of the school district resides shall break the
tie or make the appointment. A member of the fiscal body who was a
candidate and is involved in a tie vote may not cast a vote under this
subsection.
(f) If the fiscal body of a township is required to act under this
section and a vote in the fiscal body results in a tie, the deciding vote
to break the tie vote shall be cast by the executive.
SECTION 125.
IC 20-4-10.1-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 2. (a) Any plan or
proposed plan shall contain at least the following items:
(1) The number of members of the governing body, which shall
be either three (3), five (5), or seven (7).
(2) Whether the governing board shall be elected or appointed.
(3) If appointed, when and by whom, and a general description of
the manner of appointment that conforms with the requirements
of
IC 20-4-1-26.3.
(4) If elected, whether the election shall be at the primary or at the
general election at which county officials are nominated or
elected, and a general description of the manner of election that
conforms with the requirements of
IC 20-4-1-26.2.
(5) The limitations, if any, on residence, term of office, and other
qualifications required by members of the governing body.
election of governing body members:
(A) the membership of the governing body may not be less
than seven (7); and
(B) all members of the governing body are to be elected.
(3) The initial terms of the members appointed under this section.
(4) The effective date of the ordinance.
(d) An ordinance adopted under this section:
(1) supersedes any part of the plan that conflicts with the
provisions of the ordinance;
(2) must be filed with the state superintendent of public
instruction under section 16 of this chapter; and
(3) may only be amended or repealed by the city legislative body.
SECTION 128.
IC 20-4-16-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 6. This chapter does
not apply to any annexation by a civil city or town in a county having
a population of more than one hundred twenty-five thousand (125,000)
but less than one hundred twenty-nine thousand (129,000). one
hundred forty-five thousand (145,000) but less than one hundred
forty-eight thousand (148,000). This chapter does not require the
transfer of any territory from one (1) school corporation to another in
such a county, as a result of any annexation by a civil city or town in
the county.
SECTION 129.
IC 20-5-17.5-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 3. (a) This section
applies to school corporations in a county containing a city having a
population of:
(1) more than one hundred fifty thousand (150,000) but less than
five hundred thousand (500,000);
(2) more than one hundred twenty thousand (120,000) but less
than one hundred fifty thousand (150,000);
(3) more than one hundred ten thousand (110,000) but less than
one hundred twenty thousand (120,000); ninety thousand
(90,000) but less than one hundred five thousand (105,000);
(4) more than ninety thousand (90,000) but less than one hundred
ten thousand (110,000); one hundred five thousand (105,000)
but less than one hundred twenty thousand (120,000); or
(5) more than seventy-five thousand (75,000) but less than ninety
thousand (90,000).
(b) In order to provide funding for an art association under this
section, the governing body of a school corporation may impose a tax
of not more than five-tenths of one cent ($0.005) on each one hundred
dollars ($100) of assessed valuation in the school corporation. This tax
is not subject to the tax levy limitations imposed on the school
corporation by
IC 6-1.1-19-1.5
or the provisions of
IC 21-2-11-8.
(c) The school corporation shall deposit the proceeds of the tax
imposed under subsection (b) in a fund to be known as the art
association fund. The art association fund is separate and distinct from
the school corporation's general fund and may be used only for the
purpose of providing funds for an art association under this section.
The governing body of the school corporation may annually
appropriate the money in the fund to be paid in semiannual installments
to an art association having facilities in a city that is listed in subsection
(a), subject to subsection (d).
(d) Before an art association may receive payments under this
section, its governing board must adopt a resolution that entitles:
(1) the governing body of the school corporation to appoint its
superintendent and its director of art instruction as visitors, with
the privilege of attending all meetings of the association's
governing board;
(2) the governing body of the school corporation to nominate
persons for membership on the association's governing board,
with at least two (2) of the nominees to be elected;
(3) the school corporation to use any of the association's facilities
and equipment for educational purposes consistent with the
association's purposes;
(4) the students and teachers of the school corporation to tour the
association's museum and galleries free of charge;
(5) the school corporation to borrow materials from the
association for temporary exhibit in the schools;
(6) the teachers of the school corporation to receive normal
instruction in the fine and applied arts at half the regular rates
charged by the association; and
(7) the school corporation to expect such exhibits in the
association's museum as will supplement the work of the students
and teachers of the corporation.
A copy of the resolution, certified by the president and secretary of the
association, must be filed in the office of the school corporation before
payments may be received.
(e) A resolution filed under subsection (d) need not be renewed
from year to year but continues in effect until rescinded. An art
association that complies with this section is entitled to continue to
receive payments under this section as long as it so complies.
(f) Whenever more than one (1) art association in a city that is listed
in subsection (a) qualifies to receive payments under this section, the
governing body of the school corporation shall select the one (1) art
association best qualified to perform the services described by
subsection (c). A school corporation may select only one (1) art
association to receive payments under this section.
SECTION 130.
IC 20-8.1-3-6.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 6.1. (a) This section
applies to a county having a population of:
(1) more than twenty-five thousand nine hundred fifty (25,950)
but less than twenty-six thousand (26,000); twenty-seven
thousand (27,000) but less than twenty-seven thousand two
hundred (27,200); or
(2) more than one hundred twenty-five thousand (125,000) but
less than one hundred twenty-nine thousand (129,000). one
hundred forty-five thousand (145,000) but less than one
hundred forty-eight thousand (148,000).
(b) Notwithstanding sections 5 and 6 of this chapter, in a county that
has not been completely reorganized under
IC 20-4-1
, the governing
body of each school corporation constituting a separate attendance
district under section 3 of this chapter shall appoint an attendance
officer. One (1) additional attendance officer may be appointed for
every seven thousand five hundred (7,500) pupils in average daily
attendance in the school corporation. The governing body of each
school corporation that does not individually constitute a separate
attendance district may appoint an attendance officer.
(c) If the governing body of the school corporation makes an
appointment under this section, it shall appoint an individual who is
nominated by the superintendent of the school corporation. However,
the governing body may decline to appoint a nominee and may require
another nomination to be made by the superintendent. If the governing
body has discretion in whether to appoint an attendance officer under
subsection (b) and declines to make an appointment, the superintendent
of the school corporation involved shall serve as ex officio attendance
officer under section 7 of this chapter.
(d) The salary, including fringe benefits, of each attendance officer
appointed under this section shall be fixed by the governing body of the
school corporation and shall be paid by the treasurer of the school
corporation.
(e) Each attendance officer appointed under this section is entitled
to receive reimbursement from the school corporation for the actual
and necessary expenses incurred by the attendance officer in the proper
performance of the attendance officer's duties.
SECTION 131.
IC 20-14-1-8
, AS ADDED BY P.L.98-2000,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 8. A township trustee of a township that is:
(1) located in a county having a population of more than
thirty-one thousand (31,000) but less than thirty-one thousand five
hundred (31,500); thirty-three thousand six hundred (33,600)
but less than thirty-three thousand eight hundred (33,800);
and
(2) not served by a public library;
may pay the cost of a library card at the nearest library for a resident of
the township upon request of the resident.
SECTION 132.
IC 20-14-2.5-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 6. (a) This section
applies to the appointment of members to the library board of a public
library serving a library district that is located in one (1) county and:
(1) has been established by a county or merged into a county
public library;
(2) results from the merger of a public library into a county public
library under IC 20-14-4;
(3) is located in part or all of two (2) or more townships and is not
entirely located within the boundaries of one (1) municipality; or
(4) is located in part or all of two (2) or more municipalities.
(b) Subject to subsection (c), in a public library described in
subsection (a), the appointments under section 4(4) and 4(5) of this
chapter shall be made as follows:
(1) One (1) member appointed by the executive of the county in
which the district is located.
(2) One (1) member appointed by the fiscal body of the county in
which the district is located.
(c) This subsection applies to a county containing only two (2) Class
1 public libraries and having a population of more than one hundred
thirty thousand six hundred (130,600) but less than one hundred fifty
thousand (150,000), one hundred thirty thousand (130,000) but less
than one hundred forty-five thousand (145,000), or more than one
hundred twenty-nine thousand (129,000) but less than one hundred
thirty thousand six hundred (130,600). one hundred forty-eight
thousand (148,000) but less than one hundred seventy thousand
(170,000). In a public library that is the result of a merger occurring
after December 31, 1979, between a public library and a county
contractual public library, the appointments under section 4(4) and 4(5)
of this chapter shall be made as follows:
(1) One (1) member appointed by the executive of the
municipality in which the principal offices of the public library
are located.
(2) One (1) member appointed by the legislative body of the
municipality in which the principal offices of the public library
are located.
SECTION 133.
IC 20-14-2.5-9.5
, AS ADDED BY P.L.50-2000,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 9.5. (a) This section applies to the library board
of a library district:
(1) located in a county having a population of more than forty-five
thousand (45,000) but less than forty-seven thousand (47,000);
fifty-five thousand (55,000) but less than sixty-five thousand
(65,000); and
(2) containing all or part of the territory of each school
corporation in the county.
(b) Notwithstanding section 4 of this chapter, the library board has
the following members:
(1) One (1) member appointed by the executive of the county in
which the library district is located and who is not a member of
the county executive.
(2) One (1) member appointed by the fiscal body of the county in
which the library district is located and who is not a member of
the county fiscal body.
(3) One (1) member appointed by the legislative body of the most
populous city in the library district and who is not a member of
the city legislative body.
(4) One (1) member appointed by the school board of each school
corporation having territory in the library district and who is not
a member of a governing body of a school corporation.
(c) A person who is appointed under subsection (b) to serve as a
member of a library board must before March 1 of each year report to
the member's appointing authority concerning the work of the library
board and finances of the library during the prior calendar year,
including the rate of taxation determined under
IC 20-14-3-10.
SECTION 134.
IC 20-14-3-6.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 6.1. (a) This section
applies to municipal corporations located in a county having a
population of more than thirty-six thousand seven hundred (36,700) but
less than thirty-seven thousand (37,000). thirty-six thousand
seventy-five (36,075) but less than thirty-seven thousand (37,000).
(b) A municipal corporation receiving library service under section
6 of this chapter shall:
(1) levy a tax sufficient to meet the amount of compensation
agreed upon under the contract; or
(2) make the contract payments with revenue derived from a tax
being imposed before the contract is approved by the municipal
corporation, including the portion of local income tax revenue
that is not required to be dedicated to providing property tax
relief.
(c) A library board providing service shall expend all funds received
under a contract for library services chargeable to the contract.
SECTION 135.
IC 21-2-11.5-3.1
, AS AMENDED BY
P.L.178-2001, SECTION 5, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 3.1. (a) This subsection does not
apply to a school corporation located in a city having a population of
more than ninety thousand (90,000) but less than one hundred ten
thousand (110,000). city having a population of more than one
hundred five thousand (105,000) but less than one hundred twenty
thousand (120,000). Before a governing body may collect property
taxes for the school bus replacement fund in a particular calendar year,
the governing body must, after January 1 and not later than September
20 of the immediately preceding year:
(1) conduct a public hearing on; and
(2) pass a resolution to adopt;
a plan under this section.
(b) This subsection applies only to a school corporation located in
a city having a population of more than ninety thousand (90,000) but
less than one hundred ten thousand (110,000). city having a
population of more than one hundred five thousand (105,000) but
less than one hundred twenty thousand (120,000). Before the
governing body of the school corporation may collect property taxes for
the school transportation fund's school bus replacement account in a
particular calendar year, the governing body must, after January 1 and
on or before February 1 of the immediately preceding year:
(1) conduct a public hearing on; and
(2) pass a resolution to adopt;
a plan under this section.
(c) The state board of tax commissioners shall prescribe the format
of the plan. A plan must apply to at least the ten (10) budget years
immediately following the year the plan is adopted. A plan must at
least include the following:
(1) An estimate for each year to which it applies of the nature and
amount of proposed expenditures from the transportation fund's
school bus replacement fund.
(2) A presumption that the minimum useful life of a school bus is
not less than ten (10) years.
(3) An identification of:
(A) the source of all revenue to be dedicated to the proposed
expenditures in the upcoming budget year; and
(B) the amount of property taxes to be collected in that year
and the unexpended balance to be retained in the fund for
expenditures proposed for a later year.
(4) If the school corporation is seeking to:
(A) acquire; or
(B) contract for transportation services that will provide;
additional school buses or school buses with a larger seating
capacity as compared to the number and type of school buses
from the prior school year, evidence of a demand for increased
transportation services within the school corporation. Clause (B)
does not apply if contracted transportation services are not paid
from the school bus replacement fund.
(5) If the school corporation is seeking to:
(A) replace an existing school bus earlier than ten (10) years
after the existing school bus was originally acquired; or
(B) require a contractor to replace a school bus;
evidence that the need exists for the replacement of the school
bus. Clause (B) does not apply if contracted transportation
services are not paid from the school bus replacement fund.
(6) Evidence that the school corporation that seeks to acquire
additional school buses under this section is acquiring or
contracting for the school buses only for the purposes specified in
subdivision (4) or for replacement purposes.
(d) After reviewing the plan, the state board of tax commissioners
shall certify its approval, disapproval, or modification of the plan to the
governing body and the auditor of the county. The state board of tax
commissioners may seek the recommendation of the school property
tax control board with respect to this determination. The action of the
state board of tax commissioners with respect to the plan is final.
(e) The state board of tax commissioners may approve
appropriations from the transportation fund's school bus replacement
fund only if the appropriations conform to a plan that has been adopted
in compliance with this section.
(f) A governing body may amend a plan adopted under this section.
When an amendment to a plan is required, the governing body must
declare the nature of and the need for the amendment and must show
cause as to why the original plan no longer meets the transportation
needs of the school corporation. The governing body must then conduct
a public hearing on and pass a resolution to adopt the amendment to the
plan. The plan, as proposed to be amended, must comply with the
requirements for a plan under subsection (c). This amendment to the
plan is not subject to the deadlines for adoption described in subsection
(a) or (b). However, the amendment to the plan must be submitted to
the state board of tax commissioners for its consideration and is subject
to approval, disapproval, or modification in accordance with the
procedures for adopting a plan set forth in this section.
(g) If a public hearing is scheduled under this section, the governing
body shall publish a notice of the public hearing and the proposed plan
or amendment to the plan in accordance with
IC 5-3-1-2
(b).
SECTION 136.
IC 21-2-13-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 3. The following terms
wherever used and referred to in this chapter shall have the following
meanings unless otherwise indicated by the context:
(a) The term "average daily membership (ADM)" has the same
meaning as defined in
IC 21-3-1.6-1.1
(d).
(b) "County" means a county having a population of more than
thirty-eight thousand five hundred (38,500) but less than thirty-nine
thousand (39,000) forty-six thousand one hundred eight (46,108) but
less than forty-six thousand two hundred fifty (46,250) and any area
attached thereto for school purposes.
(c) "County auditor" means the auditor of the county.
(d) "School corporation" means any school corporation of the state
of Indiana which has under its jurisdiction any territory located in the
county or assigned to the county for school purposes.
(e) "County supplemental school financing tax" means the tax to be
levied by the board of county commissioners under this chapter for all
areas assigned to the county for school purposes.
(f) "County school distribution fund" means the county fund into
which the receipts from the county supplemental financing tax shall be
credited and from which distribution to the school corporation shall be
charged.
(g) "Assessed valuation" of any school corporation means the net
assessed value of its real and taxable personal property adjusted by a
percentage factor. This factor shall be computed by the state board of
tax commissioners on a township-wide basis for each township in the
county and areas assigned thereto for school purposes in the same
manner that the state board of tax commissioners computes a factor for
the various counties of the state under
IC 6-1.1-34.
In determining the
assessed valuation of any school corporation, the factor for any
township shall be applied to the assessed valuation of the real and
taxable personal property of each school corporation lying within such
township and school areas attached thereto.
(h) "School year" means school year as defined in
IC 20-10.1-2-1.
(i) The "entitlement" of a school corporation is that portion of the
county school distribution fund to which any school corporation is
entitled for any calendar year and on the basis of which the county
supplemental school financing tax is set under the provisions of this
chapter.
(j) "Receiving school corporation" means any school corporation
receiving an entitlement under this chapter which exceeds the amount
of the tax, provided for in section 5 of this chapter, collected on the
assessed valuation of such school corporation.
(k) "Paying school corporation" means any school corporation in
which the tax provided for in section 5 of this chapter, collected on the
assessed valuation of such school corporation, exceeds the amount of
the entitlement payable to such school corporation under this chapter.
(l) "Total school tax rate" means the sum of the tax rates levied for
all school purposes.
SECTION 137.
IC 21-2-15-5
, AS AMENDED BY P.L.178-2001,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 5. (a) This subsection does not apply to a school
corporation that is located in a city having a population of more than
ninety thousand (90,000) but less than one hundred ten thousand
(110,000). city having a population of more than one hundred five
thousand (105,000) but less than one hundred twenty thousand
(120,000). Before a governing body may collect property taxes for a
capital projects fund in a particular year, the governing body must, after
January 1 and not later than September 20 of the immediately
preceding year, hold a public hearing on a proposed plan and then pass
a resolution to adopt a plan.
(b) This subsection applies only to a school corporation that is
located in a city having a population of more than ninety thousand
(90,000) but less than one hundred ten thousand (110,000). city having
a population of more than one hundred five thousand (105,000) but
less than one hundred twenty thousand (120,000). Before the
governing body of the school corporation may collect property taxes for
a capital projects fund in a particular year, the governing body must,
after January 1 and on or before February 1 of the immediately
preceding year, hold a public hearing on a proposed plan and then pass
a resolution to adopt a plan.
(c) The state board of tax commissioners shall prescribe the format
of the plan. A plan must apply to at least the three (3) years
immediately following the year the plan is adopted. A plan must
estimate for each year to which it applies the nature and amount of
proposed expenditures from the capital projects fund. A plan must
estimate:
(1) the source of all revenue to be dedicated to the proposed
expenditures in the upcoming calendar year; and
(2) the amount of property taxes to be collected in that year and
retained in the fund for expenditures proposed for a later year.
(d) If a hearing is scheduled under subsection (a) or (b), the
governing body shall publish the proposed plan and a notice of the
hearing in accordance with
IC 5-3-1-2
(b).
SECTION 138.
IC 21-5-12-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 3. (a) Except as
provided in subsection (d), all contracts of lease shall provide that such
school corporation or corporations shall have an option to:
(1) renew the lease for a further term on like conditions; and
(2) purchase the property covered by the lease contract;
the terms and conditions of the purchase to be specified in the lease,
subject to the approval of the state board of tax commissioners.
(b) If the option to purchase the property covered by the lease is
exercised, such school corporation or corporations, for the purpose of
procuring funds to pay the purchase price thereof, may issue and sell
bonds under the provisions of the general statute governing the issue
and sale of bonds of such school corporation or corporations. The
purchase price may not be more than the purchase price set forth in the
lease contract with:
(1) two percent (2%) thereof as prepayment penalty for purchase
within the first five (5) years of the lease term; or
(2) one percent (1%) thereof as prepayment penalty for purchase
in the second five (5) years of the lease term;
and thereafter the purchase shall be without prepayment penalty.
(c) However:
(1) if the school corporation has not or corporations have not
exercised an option to purchase the property covered by the lease
contract at the expiration of the lease contract; and
(2) upon the full discharge and performance by the school
corporation of its or corporations of their obligations under the
lease contract;
the property covered by the lease contract shall thereupon become the
absolute property of the school corporation or corporations and the
lessor corporation shall execute proper instruments conveying to the
school corporation or corporations good and merchantable title thereto.
the position described in clause (A); and
(10) persons who are employed by the fund.
(b) Teachers in any state institution who accept the benefits of a
state supported retirement benefit system comparable to the fund's
benefits may not come under the fund unless permitted by law or the
rules of the board.
(c) The members of the fund do not include substitute teachers who
have not obtained an associate degree or a baccalaureate degree.
SECTION 140.
IC 22-11-3.1-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 2. (a) A contractor
doing work, other than work for a political subdivision, in a county
having a population of:
(1) more than four hundred thousand (400,000), but less than
seven hundred thousand (700,000); or
(2) more than one hundred twenty-five thousand (125,000) but
less than one hundred twenty-nine thousand (129,000); one
hundred forty-five thousand (145,000) but less than one
hundred forty-eight thousand (148,000);
must obtain a unified license bond as provided in this chapter. This
unified license bond is in lieu of any other bond for this type of work
required by the county or a city or town within that county, and the
bond must be in an amount equal to five thousand dollars ($5,000).
(b) The unified license bond shall be held for compliance with the
ordinances and regulations governing business in the county, or a city
or town within that county. The unified license bond required by this
chapter shall be filed with the county recorder.
SECTION 141.
IC 25-34.1-2-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) The Indiana real
estate commission is created. It The commission consists of one (1)
district member from each Indiana congressional district of this state
and two (2) three (3) members at large. A district member must be a
resident of the represented district for not less than one (1) year and
have engaged in business as a license licensed broker for not less than
five (5) years. Members at large shall be appointed to represent the
general public, and must be residents of this state who have never been
associated with the real estate business in any way other than as a
consumer.
(b) Each member of the commission shall be appointed by the
governor and shall serve a four (4) year term. If a successor has not
been appointed, the current member shall serve until a successor is
appointed and qualified. If a vacancy occurs on the commission, the
governor shall appoint an individual to serve the unexpired term of the
previous member and until a successor is appointed and qualified.
(c) A member of the commission may not hold a state or federal
elective office.
SECTION 142.
IC 25-37-1-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 15. A county having
a population of more than fifteen thousand (15,000) but less than
sixteen thousand (16,000) county having a population of more than
seventeen thousand (17,000) but less than seventeen thousand five
hundred (17,500) may require that the holder of a registered retail
merchant's certificate under
IC 6-2.5-8
obtain a transient merchant
license.
SECTION 143.
IC 31-31-8-4
, AS AMENDED BY P.L.273-1999,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 4. (a) This section applies to a county having a
population of more than one hundred seven thousand (107,000) but less
than one hundred eight thousand (108,000). one hundred ten
thousand (110,000) but less than one hundred fifteen thousand
(115,000).
(b) Notwithstanding section 3 of this chapter, the juvenile court
shall operate a juvenile detention facility or juvenile shelter care
facility established in the county. However, the county legislative body
shall determine the budget for the juvenile detention facility or juvenile
shelter care facility. The expenses for the juvenile detention facility
shall be paid from the county general fund. Payment of the expenses for
the juvenile detention facility may not be paid from the county family
and children's fund established by
IC 12-19-7-3.
SECTION 144.
IC 33-9-15-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter does
not apply to a county that:
(1) contains a consolidated city;
(2) has a population of:
(A) more than three hundred thousand (300,000) but less than
four hundred thousand (400,000);
(B) more than two hundred thousand (200,000) but less than
three hundred thousand (300,000); or
(C) more than one hundred sixty thousand (160,000) but less
than two hundred thousand (200,000); one hundred seventy
thousand (170,000) but less than one hundred eighty
thousand (180,000); or
(3) has a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000), except
as provided in sections 5 and 10.5 of this chapter.
confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV)
if such tests are required by the court under section 2.3 of this
chapter;
to the probation department.
(e) All money collected by the probation department under this
section shall be transferred to the county treasurer who shall deposit the
money into the county supplemental adult probation services fund. The
fiscal body of the county shall appropriate money from the county
supplemental adult probation services fund to the county, superior,
circuit, or municipal court of the county that provides probation
services to adults.
(f) All money collected by the probation department of a city or
town court under this section shall be transferred to the fiscal officer of
the city or town. The fiscal officer shall deposit the money into the
local supplemental adult probation services fund. The fiscal body of the
city or town shall appropriate money from the local supplemental adult
probation services fund to the city or town court of the city or town for
the court's use in providing probation services to adults or for the
court's use for other purposes as may be appropriated by the fiscal
body. Money may be appropriated under this subsection only to those
city or town courts that have an adult probation services program. If a
city or town court does not have such a program, the money collected
by the probation department must be transferred and appropriated as
provided under subsection (e).
(g) Except as provided in subsection (i), the county or local
supplemental adult probation services fund may be used only to
supplement probation services and to increase salaries for probation
officers. A supplemental probation services fund may not be used to
replace other funding of probation services. Any money remaining in
the fund at the end of the year does not revert to any other fund but
continues in the county or local supplemental adult probation services
fund.
(h) A person placed on probation for more than one (1) crime may
not be required to pay more than:
(1) one (1) initial probation user's fee; and
(2) one (1) monthly probation user's fee per month;
to the probation department.
(i) This subsection applies to a city or town located in a county
having a population of more than one hundred fifty thousand (150,000)
but less than one hundred sixty thousand (160,000). one hundred
eighty- two thousand seven hundred ninety (182,790) but less than
two hundred thousand (200,000). Any money remaining in the local
supplemental adult probation services fund at the end of the local fiscal
year may be appropriated by the city or town fiscal body to the city or
town court for use by the court for purposes determined by the fiscal
body.
SECTION 146.
IC 36-1-3.5-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 3. (a) This section
applies to cities in a county having a population of:
(1) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three
hundred thousand (300,000).
(b) Jurisdiction over the following local matters, which before the
1981 regular session of the general assembly have been subjects of
statutory concern, is transferred to the legislative body of each city
having a population of more than one hundred fifteen thousand
(115,000): (100,000) located in a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000):
(1) Board of tenant concerns (formerly governed by
IC 18-7-11.5
).
(2) Regulation of sewers and drains (formerly governed by
IC 19-2-11
).
(3) Department of waterworks (formerly governed by
IC 19-3-27
).
(4) Benefits for certain municipal utility employees (formerly
governed by IC 19-3-29).
(c) Jurisdiction over the following local matters, which before the
1981 regular session of the general assembly have been subjects of
statutory concern, is transferred to the legislative body of each city
having a population of more than thirty-five thousand (35,000) but less
than one hundred fifteen thousand (115,000):
(1) Regulation of sewers and drains (formerly governed by
IC 19-2-11
).
(2) Department of waterworks (formerly governed by
IC 19-3-27
).
(3) Benefits for certain municipal utility employees (formerly
governed by IC 19-3-29).
SECTION 147.
IC 36-1-3.5-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 8. (a) This section
applies to a county having a population of more than one hundred sixty
thousand (160,000) but less than two hundred thousand (200,000). one
hundred seventy thousand (170,000) but less than one hundred
eighty thousand (180,000).
twenty-five thousand (125,000) but less than one hundred twenty-nine
thousand (129,000). one hundred forty-five thousand (145,000) but
less than one hundred forty-eight thousand (148,000).
(b) Jurisdiction over the following local matter, which before the
1981 regular session of the general assembly has been the subject of
statutory concern, is transferred to the executive of the county:
County purchasing agency (formerly governed by
IC 17-2-77
).
SECTION 150.
IC 36-1-7-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 15. (a) This section
applies only to political subdivisions in the following:
(1) A city having a population of more than one hundred ten
thousand (110,000) but less than one hundred twenty thousand
(120,000). ninety thousand (90,000) but less than one hundred
five thousand (105,000).
(2) A county having a population of more than one hundred
thousand (100,000) but less than one hundred seven thousand
(107,000). one hundred five thousand (105,000) but less than
one hundred ten thousand (110,000).
(3) A county having a population of more than three hundred
thousand (300,000) but less than four hundred thousand
(400,000).
(b) As used in this section, "economic development entity" means
a department of redevelopment organized under
IC 36-7-14
, a port
authority organized under
IC 8-10-5
, or an airport authority organized
under
IC 8-22-3.
(c) Notwithstanding section 2 of this chapter, two (2) or more
economic development entities may enter into a written agreement
under section 3 of this chapter if the agreement is requested by the
executive of a city or county described in subsection (a) and if the
agreement is approved by each entity's governing body and by the
executive of a city or county described in subsection (a).
(d) A party to an agreement under this section may do one (1) or
more of the following:
(1) Except as provided in subsection (e), grant one (1) or more of
its powers to another party to the agreement.
(2) Exercise any power granted to it by a party to the agreement.
(3) Pledge any of its revenues, including taxes or allocated taxes
under
IC 36-7-14
or
IC 8-22-3.5
, to the bonds or lease rental
obligations of another party to the agreement under
IC 5-1-14-4.
(e) An economic development entity may not grant to another entity
the power to tax or to establish an allocation area under
IC 8-22-3.5
or
IC 36-7-14-39.
(30,000) but less than thirty thousand seven hundred (30,700);
(7) (8) more than twenty-two thousand (22,000) but less than
twenty-three thousand (23,000); twenty-three thousand five
hundred (23,500) but less than twenty-four thousand (24,000);
or
(8) (9) more than two hundred thousand (200,000) but less than
three hundred thousand (300,000).
Except as provided in subsection (c), the legislative body of a
municipality to which this subsection applies may, by ordinance, annex
territory that is not contiguous to the municipality, has its entire area
not more than two (2) miles from the municipality's boundary, is to be
used for an industrial park containing one (1) or more businesses, and
is either owned by the municipality or by a property owner who
consents to the annexation. However, if territory annexed under this
subsection is not used as an industrial park within five (5) years after
the date of passage of the annexation ordinance, or if the territory
ceases to be used as an industrial park for at least one (1) year, the
territory reverts to the jurisdiction of the unit having jurisdiction before
the annexation if the unit that had jurisdiction over the territory still
exists. If the unit no longer exists, the territory reverts to the
jurisdiction of the unit that would currently have jurisdiction over the
territory if the annexation had not occurred. The clerk of the
municipality shall notify the offices entitled to receive notice of a
disannexation under section 19 of this chapter when the territory
reverts to the jurisdiction of the unit having jurisdiction before the
annexation.
(c) A city in a county with a population of more than two hundred
thousand (200,000) but less than three hundred thousand (300,000)
may not annex territory as prescribed in subsection (b) until the
territory is zoned by the county for industrial purposes.
(d) Notwithstanding any other law, territory that is annexed under
subsection (b) or (h) is not considered a part of the municipality for the
purposes of:
(1) annexing additional territory:
(A) in a county that is not described by clause (B); or
(B) in a county having a population of more than two hundred
thousand (200,000) but less than three hundred thousand
(300,000), unless the boundaries of the noncontiguous territory
become contiguous to the city, as allowed by Indiana law;
(2) expanding the municipality's extraterritorial jurisdictional
area; or
(3) changing an assigned service area under
IC 8-1-2.3-6
(1).
property's zoning classification remains agriculture.
(e) There may not be a change in the zoning classification of
territory annexed under this section without the consent of the owner
of the annexed territory.
SECTION 156.
IC 36-4-3-9
, AS AMENDED BY P.L.224-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 9. (a) A town must obtain the consent of both the
metropolitan development commission and the legislative body of a
county having a consolidated city before annexing territory within the
county where a consolidated city is located.
(b) This subsection does not apply to the following:
(1) A town:
(A) located in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000); and
(B) that has a population of more than twenty-seven thousand
(27,000). thirty thousand (30,000).
(2) A town:
(A) located in a county having a population of more than one
hundred eight thousand (108,000) but less than one hundred
eight thousand nine hundred fifty (108,950); one hundred
eighty thousand (180,000) but less than one hundred
eighty-two thousand seven hundred ninety (182,790);
(B) having a population of more than twenty-seven thousand
(27,000) but less than twenty-eight thousand (28,000); thirty
thousand (30,000); and
(C) located in a different county than the city.
A town must obtain the consent of the legislative body of a second or
third class city before annexing territory within three (3) miles of the
corporate boundaries of the city.
(c) Each municipality that is known as an included town under
IC 36-3-1-7
is also considered a town for purposes of this section.
SECTION 157.
IC 36-4-3-13
, AS AMENDED BY P.L.76-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 13. (a) Except as provided in subsections (e) and
(g), at the hearing under section 12 of this chapter, the court shall order
a proposed annexation to take place if the following requirements are
met:
(1) The requirements of either subsection (b) or (c).
(2) The requirements of subsection (d).
(b) The requirements of this subsection are met if the evidence
establishes the following:
proving that the annexation is in the best interests of the owners of land
in the territory proposed to be annexed. In determining this issue, the
court may consider whether the municipality has extended sewer or
water services to the entire territory to be annexed:
(1) within the three (3) years preceding the date of the
introduction of the annexation ordinance; or
(2) under a contract in lieu of annexation entered into under
IC 36-4-3-21.
The court may not consider the provision of water services as a result
of an order by the Indiana utility regulatory commission to constitute
the provision of water services to the territory to be annexed.
(g) This subsection applies only to cities located in a county having
a population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000). However, this subsection does
not apply if on April 1, 1993, the entire boundary of the territory that
is proposed to be annexed was contiguous to territory that was within
the boundaries of one (1) or more municipalities. At the hearing under
section 12 of this chapter, the court shall do the following:
(1) Consider evidence on the conditions listed in subdivision (2).
(2) Order a proposed annexation not to take place if the court
finds that all of the following conditions exist in the territory
proposed to be annexed:
(A) The following services are adequately furnished by a
provider other than the municipality seeking the annexation:
(i) Police and fire protection.
(ii) Street and road maintenance.
(B) The annexation will have a significant financial impact on
the residents or owners of land.
(C) One (1) of the following opposes the annexation:
(i) A majority of the owners of land in the territory proposed
to be annexed.
(ii) The owners of more than seventy-five percent (75%) in
assessed valuation of the land in the territory proposed to be
annexed.
Evidence of opposition may be expressed by any owner of land
in the territory proposed to be annexed.
(h) The federal census data established by IC 1-1-4-5(18) most
recent:
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
but less than sixteen thousand (16,000); and
(2) town:
(A) located in a county having a population of more than
twenty-eight thousand (28,000) but less than twenty-nine
thousand five hundred (29,500); thirty-four thousand nine
hundred (34,900) but less than thirty-four thousand nine
hundred fifty (34,950); and
(B) having a population of less than seven hundred (700); one
thousand (1,000);
may not transfer money under this section to or from a food and
beverage tax receipts fund established under IC 6-9.
SECTION 160.
IC 36-6-6-2
, AS AMENDED BY P.L.122-2000,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 2. (a) Except as provided in subsection (b), a
three (3) member township board shall be elected under
IC 3-10-2-13
by the voters of each township.
(b) The township board in a county having a population of more
than seven hundred thousand (700,000) containing a consolidated
city shall consist of seven (7) members elected under
IC 3-10-2-13
by
the voters of each township.
(c) The township board is the township legislative body.
(d) The term of office of a township board member is four (4) years,
beginning January 1 after election and continuing until a successor is
elected and qualified.
SECTION 161.
IC 36-6-6-2.2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 2.2. (a) This
subsection applies to townships in a county having a population of
more than seven hundred thousand (700,000). containing a
consolidated city. The voters of each legislative body district
established under section 2.5 of this chapter shall elect one (1) member
of the township board.
(b) This subsection applies to townships not included in subsection
(a). The voters of each township shall elect all the members of the
township board.
SECTION 162.
IC 36-6-6-2.5
, AS AMENDED BY P.L.122-2000,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 2.5. (a) This section applies to townships in a
county having a population of more than seven hundred thousand
(700,000). containing a consolidated city.
(b) The legislative body shall adopt a resolution that divides the
township into legislative body districts that:
(1) are composed of contiguous territory;
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 202. (a) ADVISORY.
The legislative body of a county or municipality may establish by
ordinance an advisory plan commission. In addition, in a county having
a population of:
(1) more than one hundred sixty thousand (160,000) but less than
two hundred thousand (200,000); one hundred seventy
thousand (170,000) but less than one hundred eighty thousand
(180,000); or
(2) more than one hundred twelve thousand (112,000) but less
than one hundred twenty-five thousand (125,000); one hundred
eighteen thousand (118,000) but less than one hundred twenty
thousand (120,000);
the legislative bodies of that county and of the city having the largest
population in that county may establish by identical ordinances a
metropolitan plan commission as a department of county government.
These ordinances must specify the legal name of the commission for
purposes of section 404(a) of this chapter.
(b) AREA. There may be established in each county an area
planning department in the county government, having:
(1) an area plan commission;
(2) an area board of zoning appeals;
(3) an executive director; and
(4) such staff as the area plan commission considers necessary.
Each municipality and each county desiring to participate in the
establishment of a planning department may adopt an ordinance
adopting the area planning law, fix a date for the establishment of the
planning department, and provide for the appointment of its
representatives to the commission. When a municipality or a county
adopts such an ordinance, it shall certify a copy of it to each legislative
body within the county. When a county and at least one (1)
municipality within the county each adopt an ordinance adopting the
area planning law and fix a date for the establishment of the
department, the legislative body of the county shall establish the
planning department.
(c) METRO. A metropolitan development commission is
established in the department of metropolitan development of the
consolidated city. The legislative body of the consolidated city may
adopt ordinances to regulate the following:
(1) The time that the commission holds its meetings.
(2) The voting procedures of the commission.
SECTION 166.
IC 36-7-4-1103
, AS AMENDED BY P.L.216-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 1103. (a) This section does not apply to a plan
commission exercising jurisdiction in a county having a population of
more than nineteen thousand three hundred (19,300) but less than
nineteen thousand five hundred (19,500). twenty thousand three
hundred (20,300) but less than twenty thousand five hundred
(20,500).
(b) ADVISORY_AREA. For purposes of this section, urban areas
include all lands and lots within the corporate boundaries of a
municipality, any other lands or lots used for residential purposes
where there are at least eight (8) residences within any quarter mile
square area, and other lands or lots that have been or are planned for
residential areas contiguous to the municipality.
(c) ADVISORY_AREA. This chapter does not authorize an
ordinance or action of a plan commission that would prevent, outside
of urban areas, the complete use and alienation of any mineral
resources or forests by the owner or alienee of them.
SECTION 167.
IC 36-7-4-1210.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1210.5. (a)
ADVISORY. As used in this section, "town" refers to the most
populous town in the jurisdiction of the plan commission.
(b) ADVISORY. This section applies to a plan commission
operating under a joinder agreement:
(1) in a county having a population of more than one hundred
eight thousand (108,000) but less than one hundred eight
thousand nine hundred fifty (108,950); one hundred eighty
thousand (180,000) but less than one hundred eighty-two
thousand seven hundred ninety (182,790); and
(2) containing:
(A) a township having a population of more than nine
thousand (9,000) but less than ten thousand (10,000); eighteen
thousand (18,000) but less than twenty-five thousand
(25,000); or
(B) a township having a population of more than eight
thousand four hundred forty (8,440) but less than eight
thousand five hundred (8,500). nine thousand (9,000) but less
than fifteen thousand (15,000).
(c) ADVISORY. Notwithstanding section 1210 of this chapter, a
plan commission described in subsection (b) shall have nine (9)
members as follows:
(1) Two (2) members of the town legislative body, to be appointed
by the town executive for a one (1) year term.
(2) Two (2) town residents who are not elected officials or town
employees, to be appointed by the town executive for a four (4)
year term.
(3) One (1) member of the township board, to be appointed by the
township executive for a one (1) year term.
(4) Four (4) township residents who:
(A) are not residents of the town; and
(B) are not employees of the town or township;
to be appointed by the township executive with the approval of the
township legislative body for a four (4) year term.
SECTION 168.
IC 36-7-5.1-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 11. (a) Each member
of the commission must have:
(1) knowledge and experience regarding affairs in the joint
district;
(2) awareness of the social, economic, agricultural, and industrial
conditions of the joint district; and
(3) an interest in the development of the joint district.
(b) A challenge to the appointment of a member based on the
qualifications described in subsection (a) must be filed within thirty
(30) days after the appointment. The challenge may be filed in the
circuit court of any county that contains the entire joint district or any
part of the joint district.
(c) Except as provided in subsection (d), a member must be a
resident of a county where a part of the joint district is located or reside
within ten (10) miles of the borders of the district.
(d) In a joint district that contains all or part of a county having a
population of more than sixty thousand (60,000) but less than
sixty-four thousand (64,000), seventy-one thousand four hundred
(71,400) but less than seventy-three thousand (73,000), two (2) of
the members appointed by the legislative body of that county under
section 9(1) of this chapter must, in addition to the requirements of
subsections (a) and (b), be residents of any township that is entirely or
partially located within the joint district.
SECTION 169.
IC 36-7-7.5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to a county having the following population:
(1) more than thirty-six thousand (36,000) but less than thirty-six
thousand seven hundred (36,700); thirty-nine thousand six
hundred (39,600) but less than forty thousand (40,000);
(2) more than eighteen thousand three hundred (18,300) but less
than eighteen thousand five hundred (18,500); nineteen thousand
three hundred (19,300) but less than twenty thousand
(20,000); or
(3) more than nine thousand five hundred (9,500) but less than ten
thousand (10,000). ten thousand seven hundred (10,700) but
less than twelve thousand (12,000).
SECTION 170.
IC 36-7-11-4
, AS AMENDED BY P.L.158-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 4. (a) A unit may establish, by ordinance, a
historic preservation commission with an official name designated in
the ordinance. The commission must have not less than three (3) nor
more than nine (9) voting members, as designated by the ordinance.
The voting members shall be appointed by the executive of the unit,
subject to the approval of the legislative body. Voting members shall
each serve for a term of three (3) years. However, the terms of the
original voting members may be for one (1) year, two (2) years, or three
(3) years in order for the terms to be staggered, as provided by the
ordinance. A vacancy shall be filled for the duration of the term. In the
case of a commission with jurisdiction in a city having a population of
more than ninety thousand (90,000) but less than one hundred ten
thousand (110,000) located in a county having a population of more
than two hundred thousand (200,000) but less than three hundred
thousand (300,000), one hundred five thousand (105,000) but less
than one hundred twenty thousand (120,000), the commission must
after June 30, 2001, include as a voting member the superintendent of
the largest school corporation in the city.
(b) The ordinance may provide qualifications for members of the
commission, but members must be residents of the unit who are
interested in the preservation and development of historic areas. The
members of the commission should include professionals in the
disciplines of architectural history, planning, and other disciplines
related to historic preservation, to the extent that those professionals
are available in the community. The ordinance may also provide for the
appointment of advisory members that the legislative body considers
appropriate.
(c) The ordinance may:
(1) designate an officer or employee of the unit to act as
administrator;
(2) permit the commission to appoint an administrator who shall
serve without compensation except reasonable expenses incurred
in the performance of the administrator's duties; or
(3) provide that the commission act without the services of an
administrator.
(d) Members of the commission shall serve without compensation
except for reasonable expenses incurred in the performance of their
duties.
(e) The commission shall elect from its membership a chairman and
vice chairman, who shall serve for one (1) year and may be reelected.
(f) The commission shall adopt rules consistent with this chapter for
the transaction of its business. The rules must include the time and
place of regular meetings and a procedure for the calling of special
meetings. All meetings of the commission must be open to the public,
and a public record of the commission's resolutions, proceedings, and
actions must be kept. If the commission has an administrator, the
administrator shall act as the commission's secretary, otherwise, the
commission shall elect a secretary from its membership.
(g) The commission shall hold regular meetings, at least monthly,
except when it has no business pending.
(h) A decision of the commission is subject to judicial review under
IC 4-21.5-5
as if it was a decision of a state agency.
SECTION 171.
IC 36-7-13-10
, AS AMENDED BY P.L.174-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 10. (a) After approval by ordinance or resolution
of the legislative body of a municipality located in a county having a
population of:
(1) more than one hundred eight thousand nine hundred fifty
(108,950) but less than one hundred twelve thousand (112,000);
one hundred twenty thousand (120,000) but less than one
hundred thirty thousand (130,000);
(2) more than two hundred thousand (200,000) but less than three
hundred thousand (300,000); or
(3) more than three hundred thousand (300,000) but less than four
hundred thousand (400,000);
the executive of the municipality may submit an application to an
advisory commission on industrial development requesting that an area
within the municipality be designated as a district.
(b) After approval by ordinance or resolution of the legislative body
of a county, the executive of the county may submit an application to
an advisory commission on industrial development requesting that an
area within the county, but not within a municipality, be designated as
a district. However, in a county having a population of more than one
hundred twelve thousand (112,000) but less than one hundred
twenty-five thousand (125,000), one hundred eighteen thousand
(118,000) but less than one hundred twenty thousand (120,000), the
legislative body of the county may request that an area within the
county be designated as a district even if the area is within a
municipality.
SECTION 172.
IC 36-7-13-12
, AS AMENDED BY P.L.174-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 12. (a) If a municipal or county executive has
submitted an application to an advisory commission on industrial
development requesting that an area be designated as a district under
this chapter and the advisory commission has compiled and prepared
the information required under section 11 of this chapter concerning
the area, the advisory commission may adopt a resolution designating
the area as a district if it makes the findings described in subsection (b),
(c), (d), or (e). In a county described in subsection (c), an advisory
commission may designate more than one (1) district under subsection
(c).
(b) For an area located in a county having a population of more than
one hundred eight thousand nine hundred fifty (108,950) but less than
one hundred twelve thousand (112,000), one hundred twenty
thousand (120,000) but less than one hundred thirty thousand
(130,000), an advisory commission may adopt a resolution designating
a particular area as a district only after finding all of the following:
(1) The area contains a building or buildings:
(A) with at least one million (1,000,000) square feet of usable
interior floor space; and
(B) that is or are vacant or will become vacant due to the
relocation of an employer.
(2) At least one thousand (1,000) fewer persons are employed in
the area than were employed in the area during the year that is ten
(10) years previous to the current year.
(3) There are significant obstacles to redevelopment of the area
due to any of the following problems:
(A) Obsolete or inefficient buildings.
(B) Aging infrastructure or inefficient utility services.
(C) Utility relocation requirements.
(D) Transportation or access problems.
(E) Topographical obstacles to redevelopment.
(F) Environmental contamination.
(4) The unit has expended, appropriated, pooled, set aside, or
pledged at least one hundred thousand dollars ($100,000) for
purposes of addressing the redevelopment obstacles described in
subdivision (3).
(5) The area is located in a county having a population of more
than one hundred eight thousand nine hundred fifty (108,950) but
less than one hundred twelve thousand (112,000). one hundred
twenty thousand (120,000) but less than one hundred thirty
thousand (130,000).
(c) For a county having a population of more than one hundred
twelve thousand (112,000) but less than one hundred twenty-five
thousand (125,000), one hundred eighteen thousand (118,000) but
less than one hundred twenty thousand (120,000), an advisory
commission may adopt a resolution designating not more than two (2)
areas as districts. An advisory commission may designate an area as a
district only after finding the following:
(1) The area meets either of the following conditions:
(A) The area contains a building with at least seven hundred
ninety thousand (790,000) square feet, and at least eight
hundred (800) fewer people are employed in the area than
were employed in the area during the year that is ten (10) years
previous to the current year.
(B) The area contains a building with at least four hundred
forty thousand (440,000) square feet, and at least four hundred
(400) fewer people are employed in the area than were
employed in the area during the year that is ten (10) years
previous to the current year.
(2) The area is located in or is adjacent to an industrial park.
(3) There are significant obstacles to redevelopment of the area
due to any of the following problems:
(A) Obsolete or inefficient buildings.
(B) Aging infrastructure or inefficient utility services.
(C) Utility relocation requirements.
(D) Transportation or access problems.
(E) Topographical obstacles to redevelopment.
(F) Environmental contamination.
(4) The area is located in a county having a population of more
than one hundred twelve thousand (112,000) but less than one
hundred twenty-five thousand (125,000). one hundred eighteen
thousand (118,000) but less than one hundred twenty
thousand (120,000).
(d) For an area located in a county having a population of more than
two hundred thousand (200,000) but less than three hundred thousand
(300,000), an advisory commission may adopt a resolution designating
a particular area as a district only after finding all of the following:
(1) The area contains a building or buildings:
(A) with at least one million five hundred thousand
(1,500,000) square feet of usable interior floor space; and
(B) that is or are vacant or will become vacant.
subdivision (2).
(6) The area is located in a county having a population of more
than three hundred thousand (300,000) but less than four hundred
thousand (400,000).
(f) The advisory commission, or the county or municipal legislative
body, in the case of a district designated under section 10.5 of this
chapter, shall designate the duration of the district, but the duration
may not exceed fifteen (15) years (at the time of designation).
(g) Upon adoption of a resolution designating a district, the advisory
commission shall submit the resolution to the budget committee for
review and recommendation to the budget agency.
(h) When considering a resolution, the budget committee and the
budget agency must make the following findings:
(1) The area to be designated as a district meets the conditions
necessary for designation as a district.
(2) The designation of the district will benefit the people of
Indiana by protecting or increasing state and local tax bases and
tax revenues for at least the duration of the district.
(i) The income tax incremental amount and the gross retail
incremental amount may not be allocated to the district until the budget
agency approves the resolution.
SECTION 173.
IC 36-7-26-1
, AS AMENDED BY P.L.291-2001,
SECTION 200, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies to the
following:
(1) A city having a population of more than seventy-five thousand
(75,000) but less than ninety thousand (90,000).
(2) A city having a population of more than ninety thousand
(90,000) but less than one hundred ten thousand (110,000). one
hundred five thousand (105,000) but less than one hundred
twenty thousand (120,000).
(3) A city having a population of more than one hundred fifty
thousand (150,000) but less than five hundred thousand
(500,000).
(4) A city having a population of more than one hundred twenty
thousand (120,000) but less than one hundred fifty thousand
(150,000).
SECTION 174.
IC 36-7-29-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to the following units:
(1) A city having a population of more than five thousand six
hundred fifty (5,650) but less than five thousand seven hundred
eight (5,708). seven thousand (7,000) but less than seven
thousand three hundred (7,300).
(2) A county having a population of more than one hundred
twenty-nine thousand five hundred (129,500) but less than one
hundred thirty thousand six hundred (130,600). one hundred
forty-eight thousand (148,000) but less than one hundred
seventy thousand (170,000).
SECTION 175.
IC 36-8-7-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. (a) This chapter
applies to pension benefits for members of fire departments hired
before May 1, 1977,
(1) in cities having a population of at least one hundred fourteen
thousand five hundred (114,500); and
(2) in units having a population of less than one hundred fourteen
thousand five hundred (114,500) that established for which a
1937 fund was established before May 1, 1977.
(b) A firefighter with twenty (20) years of service is covered by this
chapter and not by
IC 36-8-8
if he:
(1) was hired before May 1, 1977;
(2) did not convert under
IC 19-1-36.5-7
(repealed September 1,
1981); and
(3) is rehired after April 30, 1977, by the same employer.
(c) A firefighter is covered by this chapter and not by
IC 36-8-8
if
he:
(1) was hired before May 1, 1977;
(2) did not convert under
IC 19-1-36.5-7
(repealed September 1,
1981);
(3) was rehired after April 30, 1977, but before February 1, 1979;
and
(4) was made, before February 1, 1979, a member of a 1937 fund.
SECTION 176.
IC 36-8-10-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 7. (a) The state
examiner of the state board of accounts shall fix the exact amount per
meal that the sheriff of each county receives for feeding the prisoners
in the sheriff's custody. Subject to the maximum meal allowance
provided in this section, the state examiner shall increase the amount
per meal that a sheriff receives as follows:
(1) Increase the amount per meal by a percentage that does not
exceed the percent of increase in the United States Department of
Labor Consumer Price Index during the year preceding the year
in which an increase is established.
(2) Increase the amount per meal above the amount determined
under subdivision (1) if the sheriff furnishes to the state examiner
sufficient documentation to prove that the sheriff cannot provide
meals at the amount per meal that is determined under
subdivision (1).
The amount must be fixed by April 15 each year and takes effect
immediately upon approval. The allowance may not exceed two dollars
($2) per person per meal. The allowance shall be paid out of the
general fund of the county after the sheriff submits to the county
executive an itemized statement, under oath, showing the names of the
prisoners, the date that each was imprisoned in the county jail, and the
number of meals served to each prisoner.
(b) Notwithstanding subsection (a), IC 36-2-13-2.5(4)
IC 36-2-13-2.5-(b)(4) through
IC 36-2-13-2.5
(5),
IC 36-2-13-2.5(b)(5), and
IC 36-2-13-2.8
(b), this subsection applies to
a county having a population of:
(1) more than one hundred sixty thousand (160,000) but less than
two hundred thousand (200,000); one hundred seventy
thousand (170,000) but less than one hundred eighty thousand
(180,000); or
(2) more than two hundred fifty thousand (250,000). three
hundred thousand (300,000).
A county shall feed the county prisoners through an appropriation in
the usual manner by the county fiscal body. The appropriation shall be
expended by the sheriff under the direction of the county executive. If
a county has a population of less than four hundred thousand
(400,000), an accounting of the expenditures must be filed monthly
with the county auditor by the fifth day of the month following the
expenditure. If a county has a population of four hundred thousand
(400,000) or more, an accounting of the expenditures must be filed
with the county auditor on the first Monday of January and the first
Monday of July of each year. Neither the sheriff nor the sheriff's
officers, deputies, and employees may make a profit as a result of the
appropriation.
SECTION 177.
IC 36-8-15-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. This chapter applies
to a county having:
(1) a consolidated city; or
(2) a population of more than one hundred fifty thousand
(150,000) but less than one hundred sixty thousand (160,000).
one hundred eighty-two thousand seven hundred ninety
(182,790) but less than two hundred thousand (200,000).
However, sections 9.5, 15, 16, 17, and 18 of this chapter apply only to
a county having a consolidated city.
SECTION 178.
IC 36-9-3-5
, AS AMENDED BY P.L.14-2000,
SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 5. (a) An authority is under the control of a board
(referred to as "the board" in this chapter) that, except as provided in
subsections (b) and (c), consists of:
(1) two (2) members appointed by the executive of each county in
the authority;
(2) one (1) member appointed by the executive of the largest
municipality in each county in the authority;
(3) one (1) member appointed by the executive of each second
class city in a county in the authority; and
(4) one (1) member from any other political subdivision that has
public transportation responsibilities in a county in the authority.
(b) An authority that includes a consolidated city is under the
control of a board consisting of the following:
(1) Two (2) members appointed by the executive of the county
having the consolidated city.
(2) One (1) member appointed by the board of commissioners of
the county having the consolidated city.
(3) One (1) member appointed by the executive of each other
county in the authority.
(4) Two (2) members appointed by the governor from a list of at
least five (5) names provided by the Indianapolis regional
transportation council.
(5) One (1) member representing the four (4) largest
municipalities in the authority located in a county other than a
county containing a consolidated city. The member shall be
appointed by the executives of the municipalities acting jointly.
(6) One (1) member representing the excluded cities located in a
county containing a consolidated city that are members of the
authority. The member shall be appointed by the executives of the
excluded cities acting jointly.
(7) One (1) member of a labor organization representing
employees of the authority who provide public transportation
services within the geographic jurisdiction of the authority. The
labor organization shall appoint the member.
(c) An authority that includes a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000) is under the control of a board consisting of the
following sixteen (16) members:
(1) Three (3) members appointed by the executive of a
municipality city with a population of more than one hundred ten
thousand (110,000) but less than one hundred twenty thousand
(120,000) and located within a county with a population of more
than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). ninety thousand (90,000) but less
than one hundred five thousand (105,000).
(2) Two (2) members appointed by the executive of a
municipality city with a population of more than seventy-five
thousand (75,000) but less than ninety thousand (90,000). and
located within a county with a population of more than four
hundred thousand (400,000) but less than seven hundred thousand
(700,000).
(3) One (1) member jointly appointed by the executives of the
following municipalities located within a county having a
population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000):
(A) A municipality city with a population of more than five
thousand one hundred fifty (5,150) but less than five thousand
two hundred (5,200) and located within a county with a
population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000); and five
thousand one hundred thirty-five (5,135) but less than five
thousand two hundred (5,200).
(B) A municipality city with a population of more than
thirty-three thousand eight hundred fifty (33,850) but less than
thirty-three thousand nine hundred (33,900) and located within
a county with a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000). thirty-two thousand (32,000) but less than
thirty-two thousand eight hundred (32,800).
(4) One (1) member who is jointly appointed by the fiscal body of
the following municipalities located within a county with a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) A municipality town with a population of more than
seventeen thousand eight hundred (17,800) but less than
eighteen thousand (18,000). fifteen thousand (15,000) but
less than twenty thousand (20,000).
(B) A municipality town with a population of more than
twenty-three thousand five hundred (23,500) but less than
twenty-four thousand (24,000). twenty-three thousand
(23,000) but less than twenty-four thousand (24,000).
less than seven hundred thousand (700,000). five thousand
(5,000) but less than eight thousand (8,000).
(D) The fiscal body of a town with a population of more than
three hundred (300) but less than four hundred (400) and
located within a county with a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000). less than one thousand five hundred
(1,500).
(E) The fiscal body of a town with a population of more than
five hundred (500) but less than one thousand (1,000) and
located within a county with a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000). two thousand two hundred (2,200) but
less than five thousand (5,000).
(7) One (1) member appointed by the fiscal body of a
municipality town with a population of more than twenty-six
thousand five hundred (26,500) but less than twenty-eight
thousand (28,000) and thirty thousand (30,000) located within
a county with a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000).
(8) One (1) member who is jointly appointed by the following
individuals or entities representing authorities of municipalities
that are located within a county with a population of more than
four hundred thousand (400,000) but less than seven hundred
thousand (700,000):
(A) The executive of a municipality city having a population
of more than twenty-one thousand five hundred (21,500) but
less than twenty-three thousand (23,000). twenty-five
thousand (25,000) but less than twenty-seven thousand
(27,000).
(B) The executive of a municipality city having a population
of more than thirteen thousand five hundred (13,500) but less
than fourteen thousand five hundred (14,500). thirteen
thousand nine hundred (13,900) but less than fourteen
thousand two hundred (14,200).
(C) The fiscal body of the municipality a town having a
population of more than one thousand five hundred (1,500) but
less than two thousand five hundred (2,500). one thousand
five hundred (1,500) but less than two thousand two
hundred (2,200).
(9) Three (3) members appointed by the fiscal body of a county
with a population of more than four hundred thousand (400,000)
but less than seven hundred thousand (700,000).
(10) One (1) member appointed by the county executive of a
county with a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000).
(11) One (1) member of a labor organization representing
employees of the authority who provide public transportation
services within the geographic jurisdiction of the authority. The
labor organization shall appoint the member. If more than one (1)
labor organization represents the employees of the authority, each
organization shall submit one (1) name to the governor, and the
governor shall appoint the member from the list of names
submitted by the organizations.
SECTION 179.
IC 36-9-3-12.5
, AS AMENDED BY P.L.233-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 12.5. (a) This section applies only to an authority
located in a county with a population of more than four hundred
thousand (400,000) with members appointed under section 5(c) of this
chapter. but less than seven hundred thousand (700,000).
(b) The board shall establish a citizens advisory council consisting
of thirteen (13) members appointed as follows:
(1) Three (3) members appointed by the executive of a
municipality city with a population of more than one hundred ten
thousand (110,000) but less than one hundred twenty thousand
(120,000) and located within a county with a population of more
than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). ninety thousand (90,000) but less
than one hundred five thousand (105,000).
(2) Two (2) members appointed by the executive of a
municipality city with a population of more than seventy-five
thousand (75,000) but less than ninety thousand (90,000). and
located within a county with a population of more than four
hundred thousand (400,000) but less than seven hundred thousand
(700,000).
(3) One (1) member appointed jointly by the executive of the
following municipalities: cities located within the county:
(A) A city with a population of more than thirty-three thousand
eight hundred fifty (33,850) but less than thirty-three thousand
nine hundred (33,900) located within a county with a
population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000). thirty-two
thousand (32,000) but less than thirty-two thousand eight
hundred (32,800).
than seventeen thousand seven hundred fifty (17,750) and
located within a county with a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000). nineteen thousand eight hundred
(19,800) but less than twenty-one thousand (21,000).
(B) The fiscal body of a town with a population of more than
eight thousand eight hundred (8,800) but less than nine
thousand five hundred (9,500) and located within a county
with a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000).
nine thousand (9,000) but less than twelve thousand five
hundred (12,500).
(C) The fiscal body of a town with a population of more than
six thousand four hundred (6,400) but less than seven
thousand (7,000) and located within a county with a
population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000). five thousand
(5,000) but less than eight thousand (8,000).
(D) The fiscal body of a town with a population of more than
three hundred (300) but less than four hundred (400) and
located within a county with a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000). less than one thousand five hundred
(1,500).
(E) The fiscal body of a town with a population of more than
five hundred (500) but less than one thousand (1,000) and
located within a county with a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000). two thousand two hundred (2,200) but
less than five thousand (5,000).
(8) One (1) member who is jointly appointed by the fiscal body of
the following municipalities located within a county with a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) A municipality town with a population of more than
seventeen thousand eight hundred (17,800) but less than
eighteen thousand (18,000). fifteen thousand (15,000) but
less than twenty thousand (20,000).
(B) A municipality town with a population of more than
twenty-three thousand five hundred (23,500) but less than
twenty-four thousand (24,000). twenty-three thousand
(23,000) but less than twenty-four thousand (24,000).
authority plan; and
(4) refer all complaints and concerns of citizens to the appropriate
person or committee within the authority.
SECTION 180.
IC 36-9-14-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 2. (a) A cumulative
building fund to provide money for the construction, remodeling, and
repair of courthouses may be established by the county legislative body
under
IC 6-1.1-21.
(b) As used in this section, "courthouse" includes a historical
complex consisting of a former county courthouse, jail, and sheriff's
residence which is open to the general public for educational or
community purposes in a county having a population of more than one
hundred sixty thousand (160,000) but less than two hundred thousand
(200,000). one hundred seventy thousand (170,000) but less than
one hundred eighty thousand (180,000).
SECTION 181.
IC 36-9-25-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. (a) This chapter
applies to the following:
(1) A second class city located in a county having a population of
more than one hundred seven thousand (107,000) but less than
one hundred eight thousand (108,000) as well as one hundred
ten thousand (110,000) but less than one hundred fifteen
thousand (115,000).
(2) Each municipality in a county having a population of more
than four hundred thousand (400,000) but less than seven
hundred thousand (700,000) in which the legislative body has
adopted this chapter by ordinance.
(b) This chapter also applies to each second class city not in such a
county in which the legislative body has adopted this chapter by
ordinance.
(c) In addition, in a consolidated city sections 9 through 38 of this
chapter apply to the department of public works and the board of public
works, subject to
IC 36-3-4-23.
SECTION 182.
IC 36-9-25-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 3. (a) A department of
public sanitation is established as an executive department of the
municipality.
(b) The department is under the control of a board of sanitary
commissioners, which is composed as follows:
(1) If the department is established under section 1(a) of this
chapter, the board consists of not less than three (3) but not more
than five (5) commissioners. All of the commissioners shall be
appointed by the municipal executive, unless one (1)
commissioner is the municipal engineer. Not more than two (2)
of the commissioners may be of the same political party, unless
the board consists of five (5) commissioners, in which case not
more than three (3) may be of the same political party.
(2) Notwithstanding subdivision (1), if the department is
established under section 1(a) of this chapter and the district
contains at least one (1) city having a population of less than one
hundred thousand (100,000) and at least one (1) town, the board
consists of one (1) commissioner from each municipality in the
district. The executive of each of those municipalities shall
appoint one (1) commissioner. If after all appointments are made
the board has fewer than five (5) commissioners, the executive of
the municipality with the largest population shall appoint the
number of additional commissioners needed to bring the total to
five (5). Not more than three (3) of the commissioners may be of
the same political party.
(3) If the department is established under section 1(b) of this
chapter, the board consists of three (3) commissioners. Two (2)
commissioners shall be appointed by the city executive and one
(1) commissioner is the city civil engineer. However, if the
department is located in a county having a population of:
(A) more than one hundred thousand (100,000) but less than
one hundred seven thousand (107,000); one hundred five
thousand (105,000) but less than one hundred ten thousand
(110,000);
(B) more than one hundred seven thousand (107,000) but less
than one hundred eight thousand (108,000); one hundred ten
thousand (110,000) but less than one hundred fifteen
thousand (115,000);
(C) more than one hundred twenty-nine thousand (129,000)
but less than one hundred thirty thousand six hundred
(130,600); one hundred forty-eight thousand (148,000) but
less than one hundred seventy thousand (170,000); or
(D) more than one hundred thirty thousand six hundred
(130,600) but less than one hundred fifty thousand (150,000);
one hundred thirty thousand (130,000) but less than one
hundred forty-five thousand (145,000);
and the city does not have a city civil engineer, the third
commissioner shall also be appointed by the executive. The third
commissioner, however, must be a licensed engineer with at least
five (5) years experience in civil or sanitary engineering. In
addition, in such a city the commissioners may not hold another
public office. Not more than two (2) of the commissioners may be
of the same political party.
(c) Before beginning the commissioner's duties, each commissioner
shall take and subscribe the usual oath of office. The oath shall be
endorsed upon the certificate of appointment and filed with the
municipal clerk.
(d) Each commissioner shall also execute a bond in the penal sum
of five thousand dollars ($5,000) payable to the state and conditioned
upon the faithful performance of the commissioner's duties and the
faithful accounting for all money and property that comes under the
commissioner's control. The bond must be approved by the municipal
executive.
(e) The appointed commissioners are entitled to a salary of not less
than three thousand six hundred dollars ($3,600) a year during actual
construction and not less than six hundred dollars ($600) a year in
other years.
(f) Notwithstanding
IC 36-1-8-10
, whenever this section requires
that the membership of the board of sanitary commissioners not exceed
a stated number of members from the same political party, at the time
of appointment the appointee must:
(1) have voted in the two (2) most recent primary elections held
by the party with which the appointee claims affiliation; or
(2) if the appointee did not vote in the two (2) most recent
primary elections or only voted in one (1) of those elections, be
certified as a member of the party with which the appointee
claims affiliation by that party's county chairman for the county
in which the appointee resides.
SECTION 183.
IC 36-9-25-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 8. (a) This section
applies to cities in a county having a population of more than one
hundred thirty thousand six hundred (130,600) but less than one
hundred fifty thousand (150,000). one hundred thirty thousand
(130,000) but less than one hundred forty-five thousand (145,000).
(b) The ordinance adopting this chapter must specify the purpose or
purposes for which the district is established, which must be one (1) or
more of the following:
(1) To provide for the collection, treatment, and disposal of
sanitary sewage and other water-carried wastes of the district.
(2) To provide for the drainage of storm and surface water to
relieve sanitary sewers of that water.
(3) To reduce the pollution of watercourses in the district.
IC 5-3-1.
(h) After the hearing, which may be adjourned from time to time,
the ordinance, as originally introduced or as amended, shall be passed
and put into effect. A copy of the schedule of fees established shall be
kept on file in the office of the board and in the office of the fiscal
officer of the unit. The fee schedule is a public record.
(i) The fees or the provisions for their payment may be changed or
readjusted in the manner by which they were originally established.
However, if the change or readjustment is made substantially pro rata
as to all classes of use or service, no hearing or notice is required.
(j) If:
(1) a user of the facilities; or
(2) an owner of property served by the facilities;
does not pay a fee within thirty (30) days after it is due, the amount of
the fee, together with a penalty of ten percent (10%) and a reasonable
attorney's fee, may be recovered by the unit in a civil action in the name
of the unit.
(k) The unit is subject to the fees established under this chapter. The
unit shall pay the fees when due. The payments are considered part of
the revenues of the facilities.
(l) This subsection applies to a county having a population of more
than forty-four thousand (44,000) but less than forty-five thousand
(45,000). fifty thousand (50,000) but less than fifty-five thousand
(55,000). The county executive owning, operating, and maintaining
facilities for the collection or disposal of solid waste may, by
ordinance, establish and maintain just and equitable fees for the use of
and the service rendered by the facilities.
(m) If the fiscal body of a county that is subject to subsection (l) has
authorized the issuance of revenue bonds under this chapter, the county
executive shall, as long as the bonds are outstanding, establish and
maintain fees with respect to the facilities for which the bonds are
issued.
SECTION 185.
IC 36-10-4-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 6. (a) This section
applies whenever a district is extended under section 5 of this chapter
and such district is not located in a county having a population of more
than one hundred sixty thousand (160,000) but less than two hundred
thousand (200,000). one hundred seventy thousand (170,000) but
less than one hundred eighty thousand (180,000).
(b) After the district is extended under section 5 of this chapter, the
board consists of five (5) commissioners. Two (2) commissioners shall
be appointed by the city executive, two (2) commissioners shall be
appointed by the county executive of the county in which the city is
located, and one (1) commissioner shall be appointed by a majority
vote of the presidents of the school boards of the school corporations
in the county in which the city is located. The commissioners appointed
by the county executive must be residents of the area of the district
outside the corporate boundaries of the city. The commissioners
appointed by the county executive may not be members of the same
political party, and the commissioners appointed by the city executive
may not be of the same political party.
(c) A commissioner of an extended district may hold office for an
unlimited number of terms.
(d) After the initial terms have expired, all of the commissioners
after the extension of the district shall be appointed for terms of four
(4) years, beginning on January 1. The terms of office of the three (3)
commissioners in office at the time of the extension terminate January
1, and the terms of office of the new commissioners begin January 1.
The city executive shall appoint one (1) commissioner for an initial
term of two (2) years and one (1) for an initial term of four (4) years.
The county executive shall appoint two (2) commissioners, one (1)
commissioner for an initial term of two (2) years and the other
commissioner for an initial term of four (4) years. The presidents of the
school boards shall appoint one (1) commissioner for an initial term of
four (4) years.
(e) A vacancy in the office of a commissioner shall be filled for the
remainder of the term by the appointing authority.
SECTION 186.
IC 36-10-4-6.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 6.1. (a) This section
applies whenever a district is extended under section 5 of this chapter
and such district is located in a county having a population of more
than one hundred sixty thousand (160,000) but less than two hundred
thousand (200,000). one hundred seventy thousand (170,000) but
less than one hundred eighty thousand (180,000).
(b) After the district is extended under section 5 of this chapter, the
board consists of five (5) commissioners. Three (3) commissioners
shall be appointed by the city executive, and two (2) commissioners
shall be appointed by the county executive of the county in which the
city is located. The commissioners appointed by the county executive
must be residents of the areas of the district outside the corporate
boundaries of the city. No more than two (2) of the three (3)
commissioners appointed by the city executive may be members of the
same political party, and the commissioners appointed by the county
executive may not be of the same political party.
purposes within the township, either inside or outside the corporate
boundaries of a municipality, and may make necessary improvements.
(c) If the executive does not purchase, accept, or acquire land within
the township for park purposes or make necessary improvements, two
hundred (200) resident taxpayers and voters of the township may
petition the executive and the legislative body in writing to:
(1) purchase, accept, or otherwise acquire the land described in
the petition so that a township park may be established under this
section; or
(2) make the improvements designated in the petition.
The petition must be addressed to the executive and legislative body
and bear the signatures and addresses of the petitioners in ink,
acknowledged before a notary public. After the petition is filed in the
office of the executive, the executive shall have notice of the filing
published in accordance with
IC 5-3-1.
The notice must name a date at
least sixty (60) days after the date of the last publication on which the
executive and legislative body will hear and consider the petition. The
notice constitutes notice of the proceedings to all taxpayers within the
township, whether resident or nonresident.
(d) At the hearing the executive and legislative body shall hear and
consider all remonstrances, whether written and signed in ink or from
a resident of the township upon the question of whether the land should
be purchased, accepted, or acquired by the township and a township
park established, maintained, and improved. After the hearing, the
executive and legislative body shall approve the petition unless twenty
percent (20%) of the resident taxpayers of the township remonstrate in
writing by filing their remonstrance on or before the day fixed for the
hearing. In that case the executive and legislative body shall dismiss
the petition.
(e) If land has been acquired for park purposes, the executive shall
establish a park. After it is established, the executive shall provide for
necessary improvements and construct facilities for the comfort and
convenience of the public in the township park. Except as otherwise
provided, all expenses incurred shall be paid out of the park and
recreation fund of the township.
(f) If a park or parkland is acquired by a township under this section
and the expense of the acquisition or of the development and
improvement of the park is too great to be borne by the park and
recreation fund of the township, the legislative body may authorize its
chairman to issue the bonds of the township to procure money for these
purposes. However, the total bonded indebtedness of the township for
park purposes may not exceed one million dollars ($1,000,000). Upon
special notice of the chairman in writing to each member of the
legislative body stating the time, place, and purpose of the meeting, the
legislative body may determine whether to issue the bonds of the
township to pay the cost of acquiring, developing, or improving the
park or parkland. If the legislative body determines that it is of public
benefit to issue the bonds of the township, the legislative body, by a
special order entered and signed upon the record, may authorize its
chairman to issue the bonds of the township. The bonds may run for a
period not to exceed ten (10) years, may bear interest at any rate, and
may be sold for not less than their par value. Before issuing the bonds,
the chairman shall publish notice of their sale in accordance with
IC 5-3-1.
The notice must state the amount of bonds offered, the
denomination, the period to run, the rate of interest, and the date, place,
and hour of sale. The legislative body shall attend the sale and must
concur before bonds are sold.
(g) The legislative body shall annually levy a sufficient tax to pay
at least one-tenth (1/10) of the amount of the bonds, together with the
accrued interest, each year, and the legislative body shall apply the
annual tax to the payment of the bonds and interest each year. The tax
levy is in addition to all other tax levies authorized by statute. A tax
levy authorized by this section shall be levied and collected on all
property within the boundaries of the township, including
municipalities.
(h) There is established a special nonreverting operating fund for
park purposes to be known as the park and recreation fund.
Appropriations may be made from the fund by the township's
legislative body for park purposes only. The cost of the maintenance
and improvement of the park shall be paid out of the park and
recreation fund of the township, and the legislative body shall increase
the levy of the fund each year by an amount sufficient to provide the
money to maintain the park.
(i) Money in the form of fees procured from golf courses, swimming
pools, skating rinks, clubhouses, social centers, or other similar
facilities requiring major expenditures for maintenance and
improvement shall be deposited in the park and recreation fund and
shall be appropriated by the township legislative body either in the
annual budget or by additional appropriation in the manner as set out
in
IC 6-1.1-18-5.
(j) The executive shall appoint a superintendent of parks. Said
appointment shall be made within thirty (30) days of a vacancy in the
position of superintendent of parks. If the executive fails to make said
appointment within the prescribed period, the legislative body shall
have the power to make said appointment. Political affiliation may not
be considered in the selection of the superintendent. The
superintendent must:
(1) be qualified by training or experience in the field of parks and
recreation; and
(2) have a certificate or an advanced degree in the field of parks
and recreation.
(k) The superintendent must do the following:
(1) Propose annually to the executive a plan for the operation of
the park.
(2) Administer the plan as approved by the executive.
(3) Supervise the general maintenance of the park.
(4) Keep the records of the park and preserve all papers and
documents of the park.
(5) Keep accurate records of park income and expenditures in the
manner prescribed by the state board of accounts.
(6) Appoint and discharge employees of the park without regard
to political affiliation.
(7) Prepare and present to the executive an annual report.
(8) Perform other duties that the executive directs.
(l) The executive shall execute an employment contract with the
superintendent that must contain the terms and conditions of the
superintendent's employment.
SECTION 189.
IC 36-10-7-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 9. (a) This section
applies to the township having the largest population in a county
having a population of:
(1) more than seventy-three thousand (73,000) but less than
seventy-five thousand (75,000); seventy-three thousand (73,000)
but less than seventy-four thousand (74,000); or
(2) more than one hundred eight thousand (108,000) but less than
one hundred eight thousand nine hundred fifty (108,950). one
hundred eighty thousand (180,000) but less than one hundred
eighty-two thousand seven hundred ninety (182,790).
(b) Notwithstanding
IC 36-10-7.5-5
, the department of parks and
recreation of a township described in subsection (a) consists of four (4)
members appointed by the township executive on the basis of the
members' interest in and knowledge of parks and recreation. The
members of a board governed by this section may include any of the
following:
(1) The township executive.
(2) One (1) or more members of the township board.
committees established by the legislative council.
(h) The legislative council shall establish a budget for the work
group to pay for per diem, mileage, and travel allowances.
(i) The work group is under the direction of the department of
natural resources. The department may contract with a facilitator to
facilitate the work of the work group. The department of natural
resources shall staff the work group.
(j) The work group shall do the following:
(1) Monitor, review, and coordinate the implementation of the
work group's recommendations issued under P.L.239-1997.
(2) Facilitate collaborative efforts among commonly affected
state, county, and local governmental entities in cooperation with
lake residents and related organizations.
(3) Conduct public meetings to hear testimony and receive written
comments concerning the implementation of the work group's
recommendations.
(4) Develop proposed solutions to problems concerning the
implementation of the work group's recommendations.
(5) Issue reports to the natural resources study committee when
directed to do so.
(6) Review all funding that is currently being utilized for Indiana's
waterways, including potential sources that could be used as a
resource for the Indiana general assembly to correct funding
problems.
(7) Issue:
(A) an interim report before July 1, 2001; and
(B) a final report before July 1, 2002.
(k) The affirmative votes of a majority of the members appointed to
the work group are required for the work group to take action on any
measure, including final reports.
(l) The work group shall make its reports available to:
(1) the natural resources study committee;
(2) the department of natural resources; and
(3) the public.
(m) This SECTION expires July 1, 2002.
SECTION 193. P.L.178-2001, SECTION 7, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: (a) The
initial school year budget that is:
(1) adopted by a school corporation located in a city having a
population of more than ninety thousand (90,000) but less than
one hundred thousand (100,000) under to which
IC 6-1.1-17-5.6
,
as added by this act, applies; and