SB 241-7_ Filed 01/28/2010, 09:39 Merritt
SENATE MOTION
MADAM PRESIDENT:
I move
that Senate Bill 241 be amended to read as follows:
SOURCE: Page 59, line 29; (10)MO024107.59. -->
Page 59, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 6-1.1-18.5-22; (10)MO024107.122. -->
"SECTION 122. IC 6-1.1-18.5-22 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 22. (a) The ad valorem property
tax levy limits imposed by this chapter do not apply to ad valorem
property taxes imposed by a consolidated city to pay or fund any
indebtedness assumed, defeased, paid, or refunded under
IC.36-3-1-6.1.
(b) For purposes of this section:
(1) "consolidating entity" means a township whose fire
department is consolidated into the fire department of a
consolidated city under IC 36-3-1-6.1; and
(2) "maximum levy" means the maximum permissible ad
valorem property tax levy under section 3 of this chapter.
(c) The maximum levy of a consolidated city for property taxes
first due and payable each year shall be increased by an amount
equal to the combined property tax levies of each consolidating
entity consolidated into the fire department of the consolidated city
for property taxes first due and payable in the preceding year for
fire protection and related services.
(d) Not more than four (4) years after the effective date of a
consolidation of a department consolidated into the fire
department of the consolidated city, the consolidated city may levy
a tax above the tax rate set for the consolidated fire department in
the township that is necessary to phase out that township's
borrowing for fire and emergency services under IC 36-6-6-14 and
any other emergency or temporary loans by the township for fire
and emergency services.".
SOURCE: Page 79, line 39; (10)MO024107.79. -->
Page 79, between lines 39 and 40, begin a new paragraph and insert:
SOURCE: IC 33-34-6-4; (10)MO024107.143. -->
"SECTION 143. IC 33-34-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 4. (a) The voters
of each township having a small claims court shall elect a constable for
the small claims court at the general election every four (4) years for a
term of office of four (4) years, beginning January 1 after election and
continuing until a successor is elected and qualified. The ballot must
state the:
(1) name of the candidate; and
(2) court for which the candidate is to serve.
(b) Each small claims court shall have a constable who:
(1) acts as the bailiff of the court;
(2) serves the court's personal service of process;
(3) has police powers to:
(A) make arrests under a court order or to maintain order
in the court;
(B) keep the peace in the court during court proceedings;
and
(C) carry out the orders of the court;
(4) must meet the qualifications prescribed by IC 3-8-1-31;
(5) is compensated for each process that is delivered to effect
personal service when serving as the bailiff for the court;
(6) is responsible for:
(A) the preparation and mailing of all registered or certified
service and is compensated for each process served by mail;
and
(B) all the official acts of the deputies;
(7) is compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(8) may require a deputy to give a bond for the proper discharge
of the deputy's duties for an amount fixed by the constable; and
(9) must file an annual statement of economic interests under
IC 33-23-11-14.
(c) The elected constable may appoint full-time and part-time
deputies for assistance in the performance of official duties who:
(1) perform all the official duties required to be performed by the
constable;
(2) possess the same statutory and common law powers and
authority as the constable;
(3) must take the same oath required of the constable;
(4) are compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(5) serve at the pleasure of the constable and may be dismissed at
any time with or without cause; and
(6) if the deputy is a full-time deputy, must file an annual
statement of economic interests under IC 33-23-11-14.
(d) If there is an:
(1) emergency; or
(2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of the
constable during the emergency or inability.".
SOURCE: Page 100, line 16; (10)MO024107.100. -->
Page 100, between lines 16 and 17, begin a new paragraph and
insert:
SOURCE: IC 36-3-6-9; (10)MO024107.167. -->
"SECTION 167. IC 36-3-6-9, AS AMENDED BY
P.L.182-2009(ss), SECTION 401, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. (a) Except as
provided in subsection (d), the city-county legislative body shall review
the proposed operating and maintenance budgets and tax levies and
adopt final operating and maintenance budgets and tax levies for each
of the following entities in the county:
(1) An airport authority operating under IC 8-22-3.
(2) A public library operating under IC 36-12.
(3) A capital improvement board of managers operating under
IC 36-10.
(4) A public transportation corporation operating under IC 36-9-4.
(5) A health and hospital corporation established under
IC 16-22-8.
(6) A building authority established under IC 36-9-13.
(6) (7) Any other taxing unit (as defined in IC 6-1.1-1-21) that is
located in the county and has a governing body that is not
comprised of a majority of officials who are elected to serve on
the governing body.
Except as provided in subsection (c), the city-county legislative body
may reduce or modify but not increase a proposed operating and
maintenance budget or tax levy under this section.
(b) The board of each entity listed in subsection (a) shall, after
adoption of its proposed budget and tax levies, submit them, along with
detailed accounts, to the city clerk before the first day of September of
each year.
(c) The city-county legislative body or, when subsection (d) applies,
the fiscal body of an excluded city or town shall review the issuance of
bonds of an entity listed in subsection (a). Approval of the city-county
legislative body or, when subsection (d) applies, the fiscal body of an
excluded city or town is required for the issuance of bonds. The
city-county legislative body or the fiscal body of an excluded city or
town may not reduce or modify a budget or tax levy of an entity listed
in subsection (a) in a manner that would:
(1) limit or restrict the rights vested in the entity to fulfill the
terms of any agreement made with the holders of the entity's
bonds; or
(2) in any way impair the rights or remedies of the holders of the
entity's bonds.
(d) If the assessed valuation of a taxing unit is entirely contained
within an excluded city or town (as described in IC 36-3-1-7) that is
located in a county having a consolidated city, the governing body of
the taxing unit shall submit its proposed operating and maintenance
budget and tax levies to the city or town fiscal body for approval and
not the city-county legislative body. Except as provided in subsection
(c), the fiscal body of the excluded city or town may reduce or modify
but not increase a proposed operating and maintenance budget or tax
levy under this section.".
SOURCE: Page 122, line 35; (10)MO024107.122. -->
Page 122, between lines 35 and 36, begin a new paragraph and
insert:
SOURCE: IC 36-9-13-35; (10)MO024107.191. -->
"SECTION 191. IC 36-9-13-35, AS AMENDED BY P.L.146-2008,
SECTION 790, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 35.
(a) In a county not having a
consolidated city, the annual operating budget of a building authority
is subject to review by the county board of tax adjustment and then by
the department of local government finance as in the case of other
political subdivisions.
(b) In a county having a consolidated city, the annual operating
budget of a building authority is subject to review and approval by
the city-county legislative body as provided by IC 36-3-6-9.".
Renumber all SECTIONS consecutively.
(Reference is to SB 241 as printed January 22, 2010.)
________________________________________
Senator MERRITT