HB 1245-1_ Filed 01/24/2008, 11:40
Adopted 1/24/2008
Text Box
Adopted Rejected
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COMMITTEE REPORT
YES:
17
NO:
7
MR. SPEAKER:
Your Committee on Ways and Means , to which was referred House Bill 1245 ,
has had the same under consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (08)CR124501.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 6-3.5-6-18; (08)CR124501.1. -->
"SECTION 1. IC 6-3.5-6-18, AS AMENDED BY P.L.224-2007,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 18. (a) The revenue a county auditor receives
under this chapter shall be used to:
(1) replace the amount, if any, of property tax revenue lost due to
the allowance of an increased homestead credit within the county;
(2) fund the operation of a public communications system and
computer facilities district as provided in an election, if any, made
by the county fiscal body under IC 36-8-15-19(b);
(3) fund the operation of a public transportation corporation as
provided in an election, if any, made by the county fiscal body
under IC 36-9-4-42; established under IC 36-9-4;
(4) make payments permitted under IC 36-7-15.1-17.5;
(5) make payments permitted under subsection (i);
(6) make distributions of distributive shares to the civil taxing
units of a county; and
(7) make the distributions permitted under sections 27, 28, 29, 30,
31, 32, and 33 of this chapter.
(b) The county auditor shall retain from the payments of the county's
certified distribution, an amount equal to the revenue lost, if any, due
to the increase of the homestead credit within the county. This money
shall be distributed to the civil taxing units and school corporations of
the county as though they were property tax collections and in such a
manner that no civil taxing unit or school corporation shall suffer a net
revenue loss due to the allowance of an increased homestead credit.
(c) The county auditor shall retain:
(1) the amount, if any, specified by the county fiscal body for a
particular calendar year under subsection (i), IC 36-7-15.1-17.5,
IC 36-8-15-19(b), and IC 36-9-4-42 from the county's certified
distribution for that same calendar year; and
(2) the amount of an additional tax rate imposed under section 27,
28, 29, 30, 31, 32, or 33 of this chapter.
The county auditor shall distribute amounts retained under this
subsection to the county.
(d) All certified distribution revenues that are not retained and
distributed under subsections (b) and (c) shall be distributed to the civil
taxing units of the county as distributive shares.
(e) The amount of distributive shares that each civil taxing unit in
a county is entitled to receive during a month equals the product of the
following:
(1) The amount of revenue that is to be distributed as distributive
shares during that month; multiplied by
(2) A fraction. The numerator of the fraction equals the allocation
amount for the civil taxing unit for the calendar year in which the
month falls. The denominator of the fraction equals the sum of the
allocation amounts of all the civil taxing units of the county for
the calendar year in which the month falls.
(f) The department of local government finance shall provide each
county auditor with the fractional amount of distributive shares that
each civil taxing unit in the auditor's county is entitled to receive
monthly under this section.
(g) Notwithstanding subsection (e), if a civil taxing unit of an
adopting county does not impose a property tax levy that is first due
and payable in a calendar year in which distributive shares are being
distributed under this section, that civil taxing unit is entitled to receive
a part of the revenue to be distributed as distributive shares under this
section within the county. The fractional amount such a civil taxing
unit is entitled to receive each month during that calendar year equals
the product of the following:
(1) The amount to be distributed as distributive shares during that
month; multiplied by
(2) A fraction. The numerator of the fraction equals the budget of
that civil taxing unit for that calendar year. The denominator of
the fraction equals the aggregate budgets of all civil taxing units
of that county for that calendar year.
(h) If for a calendar year a civil taxing unit is allocated a part of a
county's distributive shares by subsection (g), then the formula used in
subsection (e) to determine all other civil taxing units' distributive
shares shall be changed each month for that same year by reducing the
amount to be distributed as distributive shares under subsection (e) by
the amount of distributive shares allocated under subsection (g) for that
same month. The department of local government finance shall make
any adjustments required by this subsection and provide them to the
appropriate county auditors.
(i) Notwithstanding any other law, a county fiscal body may pledge
revenues received under this chapter (other than revenues attributable
to a tax rate imposed under section 30, 31, or 32 of this chapter) to the
payment of bonds or lease rentals to finance a qualified economic
development tax project under IC 36-7-27 in that county or in any other
county if the county fiscal body determines that the project will
promote significant opportunities for the gainful employment or
retention of employment of the county's residents.
SOURCE: IC 8-23-28; (08)CR124501.2. -->
SECTION 2. IC 8-23-28 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Chapter 28. Funding to Establish a Regional Transportation
Authority
Sec. 1. The regional transportation authority formation fund is
established.
Sec. 2. The department shall administer the fund.
Sec. 3. Expenditures from the fund may be made only in
accordance with this chapter.
Sec. 4. The department may use the money in the fund to
provide matching grants to cities or counties that wish to establish
a regional transportation authority under IC 36-9-3. The expenses
in administering the fund and the grants shall be paid from the
money in the fund.
Sec. 5. The amount of a grant provided under this chapter may
not exceed twenty percent (20%) of the costs incurred by a city or
county in establishing a regional transportation authority under
IC 36-9-3.
Sec. 6. Each grant provided under this chapter must be matched
by funds provided by the city or county applying for the grant
under this chapter. The matching funds required by a city or
county may be provided by any source except other state funds.
Sec. 7. A city or county must apply for a grant under this
chapter in the manner prescribed by the department.
Sec. 8. (a) Money in the fund at the end of a state fiscal year does
not revert to the state general fund.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund to be
used for any purpose for which funds may be used under this
chapter.
Sec. 9. The fund consists of the following:
(1) Funds deposited by regional transit authorities under
IC 36-9-42.
(2) Money received from any other source, including
appropriations.
Sec. 10. The department shall notify all regional transit
authorities (as defined in IC 36-9-42) when the aggregate total of
all deposits by the regional transit authorities under IC 36-9-42 has
reached one million dollars ($1,000,000).
SOURCE: IC 36-9-4-42; (08)CR124501.3. -->
SECTION 3. IC 36-9-4-42 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 42. (a) A municipality
or a public transportation corporation that expends money for the
establishment or maintenance of an urban mass transportation system
under this chapter may acquire the money for these expenditures:
(1) by issuing bonds under section 43 or 44 of this chapter;
(2) by borrowing money made available for such purposes by any
source;
(3) by accepting grants or contributions made available for such
purposes by any source;
(4) in the case of a municipality, by appropriation from the
general fund of the municipality, or from a special fund that the
municipal legislative body includes in the municipality's budget;
or
(5) in the case of a public transportation corporation, one (1) or
both of the following:
(A) By levying a tax under section 49 of this chapter. or
(B) By recommending an election electing to use revenue
from the county option income taxes, as provided in
subsection (c).
(b) Money may be acquired under this section for the purpose of
exercising any of the powers granted by or incidental to this chapter,
including:
(1) studies under section 4, 9, or 11 of this chapter;
(2) grants in aid;
(3) the purchase of buses or real property by a municipality for
lease to an urban mass transportation system, including the
payment of any amount outstanding under a mortgage, contract of
sale, or other security device that may attach to the buses or real
property;
(4) the acquisition by a public transportation corporation of
property of an urban mass transportation system, including the
payment of any amount outstanding under a mortgage, contract of
sale, or other security device that may attach to the property;
(5) the operation of an urban mass transportation system by a
public transportation corporation, including the acquisition of
additional property for such a system; and
(6) the retirement of bonds issued and outstanding under this
chapter.
(c) This subsection applies only to a public transportation
corporation located in a county having a consolidated city. In order to
provide revenue to a During each year that the county option
income tax is in effect in the county, the public transportation
corporation during a year, the public transportation corporation board
may recommend and the county fiscal body may elect to provide
revenue to the corporation shall receive three percent (3%) from the
part of the certified distribution, if any, that the county is to receive
during that same year under IC 6-3.5-6-17. To make the election, the
county fiscal body must adopt an ordinance before September 1 of the
preceding year. The county fiscal body must specify in the ordinance
the amount of the certified distribution that is to be used to provide
revenue to the corporation. If such an ordinance is adopted, the county
fiscal body shall immediately send a copy of the ordinance to the
county auditor.".
SOURCE: Page 1, line 5; (08)CR124501.1. -->
Page 1, line 5, delete "to all units except townships." and insert
"
only to units:
(1) that are not townships; and
(2) that are located within the boundaries of a regional transit
authority.
Page 2, between lines 28 and 29, begin a new paragraph and insert:
"
Sec. 6. As used in this chapter, "regional transit authority"
means an entity:
(1) that is eligible to receive federal transportation funding
under Title 49 of the United States Code; and
(2) that is either:
(A) a regional transportation authority established under
IC 36-9-3; or
(B) the northwest Indiana regional development authority
established under IC 36-7.5-2-1.".
Page 2, line 29, delete "6." and insert "
7.".
Page 2, line 31, after "." insert "
The territorial boundaries of the
district may not extend beyond the boundaries of the regional
transit authority within which the unit is located.".
Page 2, line 32, delete "7. (a)" and insert "
8.".
Page 2, delete lines 38 through 42.
Delete pages 3 through 7.
Page 8, delete lines 1 through 26.
Page 8, line 27, delete "18" and insert "
9".
Page 8, line 32, delete "19" and insert "
10".
Page 9, line 20, delete "20" and insert "
11".
Page 9, line 21, delete "20" and insert "
11".
Page 9, line 23, delete "19" and insert "
10".
Page 9, line 24, after "fund" insert "
shall be appropriated by the
fiscal body of the unit that created the transit district to the
regional transit authority that has boundaries containing the
transit district.
Sec. 12. (a) Except as provided in subsection (b), the funds
appropriated to the regional transit authority under section 11 of
this chapter may only be used for the purposes of the regional
transit authority authorized by the statute under which the
authority was established as listed in section (6)(2) of this chapter.
(b) Except as provided in subsection (c), each regional transit
authority receiving an appropriation under section 10 of this
chapter shall deposit twenty-five percent (25%) of each
appropriation into the regional transportation authority formation
fund established under IC 8-23-28-1.
(c) A regional transit authority is not required to make the
deposit required under subsection (b) if the aggregate total of all
deposits made by regional transit authorities under subsection (b)
has reached one million dollars ($1,000,000).".
Page 9, delete lines 25 through 42.
Page 10, delete lines 1 through 12.
Renumber all SECTIONS consecutively.
(Reference is to HB 1245 as introduced.)
and when so amended that said bill do pass.
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CR124501/DI 92 2008