HB 1102-1_ Filed 03/13/2006, 14:33
Adopted 3/13/2006
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1102
Citations Affected: IC 5-3-1-0.4; IC 5-3-1-2.3; IC 5-11; IC 6-1.1; IC 9-21-5-6; IC 12-19-7.5-31;
IC 12-20; IC 33-36-2-3; IC 36-1; IC 36-2-7-10; IC 36-4-7-3; IC 36-4-7-11; IC 36-6-6-10;
IC 36-7; IC 36-8-3-3; IC 36-9.
Synopsis: Local government matters. Conference committee report for EHB 1102. Specifies
that the annual reports filed with the state board of accounts by governmental units must show
the business addresses of officers and employees. (Current law specifies only that the "addresses"
must be included.) Provides that if a county auditor publishes a notice concerning a tax rate, tax
levy, or budget of a political subdivision in the county and the notice contains an error or
omission for which the county auditor is responsible: (1) the county auditor must publish (at the
county auditor's expense) a notice containing the correct tax rate, tax levy, or budget as proposed
or fixed by the political subdivision; (2) the department of local government finance may correct
the error or omission at any time; and (3) the maximum amount to which the department of local
government finance may increase the tax rate, tax levy, or budget is the amount originally fixed
by the political subdivision and not the amount incorrectly published or omitted in the notice.
Provides that certain specified facilities, such as golf courses, massage parlors, and racetracks,
are not eligible for the "automatic abatement" for personal property. (Current law provides that
these facilities are not eligible for the automatic abatement for real property.) Amends the county
recorder fee statute to provide that the cost of furnishing a page not larger than 8 inches by 14
inches is $1, regardless of whether or not the page is produced by a photographic process.
Provides that a political subdivision has two weeks (rather than one week) to respond to the
department of local government finance (DLGF) if the DLGF revises the political subdivision's
budget, tax rate, or tax levy. Allows transfers to the political subdivision's rainy day fund to be
made at any time. Provides that an appeal by a township board to borrow money to fund township
assistance is made directly to the department of local government finance. Repeals provisions
concerning appeals by townships to county commissioners and county councils for the borrowing
of money for township assistance. Repeals provisions concerning county borrowing for township
assistance. Repeals a provision authorizing the county fiscal body to levy property taxes and
make an appropriation to advance money to a township for township assistance if the county
commissioners determine that there will be insufficient money in the township assistance fund.
Allows the northwestern Indiana regional planning commission to pay a claim or purchase order
without obtaining a vendor's signature. Provides that a claim for reimbursement of mileage, meal,
and lodging expenses to attend a state board of accounts conference may not be denied if the
claim meets statutory requirements. Allows a municipality to adopt an ordinance providing for
meal expense advances for a municipal employee who will be traveling on official business.
Increases from $100 to $250 the maximum amount that a violations clerk may accept for payment
of ordinance violations. Provides that the amount that may be accepted shall be set by ordinance.
Increases the cost threshold at which bids are required for certain political subdivisions under the
local public works statute to $50,000. Specifies that small towns and certain other political
subdivisions can use the same process that third class cities and large towns use involving
requests for quotes when a public work project is estimated to cost at least $25,000 and less than
$50,000. Eliminates the requirement that a city legislative body hold its first regular meeting of
the year at 7:30 p.m. on a Monday. Establishes a deadline of September 30 for a municipality to
address property tax and budget matters and to set employee compensation for the following year.
Provides that, beginning July 1, 2007, the trustee of each township in Lake, Porter, and LaPorte
counties shall appoint a member to the northwestern Indiana regional planning commission if the
township: (1) has a population of at least 8,000; and (2) does not contain a municipality.
Reestablishes the northwest Indiana transportation study commission. (The existing northwest
Indiana transportation study commission expired November 2, 2005.) Authorizes a municipality
to establish a sewer improvement and extension fund and impose assessments to finance the
construction, repair, or improvement of a sewage works. Provides that assessments are imposed
and collected in the same manner as Barrett Law assessments. Adds the following two members
to the board of the regional bus authority serving Lake County and Porter County: (1) One
member appointed by the township trustee of the township containing the towns of Chesterton,
Porter, Burns Harbor, and Dune Acres. (2) One member appointed jointly by the township
trustees of Washington, Morgan, Pleasant, Boone, Union, Porter, Jackson, Liberty, and Pine
townships in Porter County. Deletes a provision specifying that members of the board from Porter
County may not vote on certain issues unless Porter County makes payments to the authority.
Changes the definition of "newspaper" for purposes of the statutes concerning publication of
notices. Specifies that in a year in which there is not an election of members to the township
board, the township board may by unanimous vote reduce the salaries of the members of the
township board by any amount. Provides that compensation of city officers and employees may
be increased by the mayor during the budget year for which the compensation has been fixed.
(Current law allows the mayor to decrease compensation.) Specifies certain actions that entities
may take after entering into an interlocal cooperation agreement related to economic development
projects. Provides that in the case of a town that has a population of less than 10,000 and that
changes into a city, the ordinance dividing the town into city legislative body districts may
provide that: (1) the city shall be divided into three districts; and (2) the legislative body of the
city is composed of three members elected from the districts and two at-large members. Deletes
the $25 limit on postage and publication costs that can be included in the minimum bid amount
and provides that the price of property sold at a tax sale includes the greater of $25 or the amount
of the postage and publication costs. Requires certain orders under the unsafe building law to also
be served on persons having a present possessory interest in the premises. Specifies that a person
with a property interest in an unsafe premises who does not: (1) record an instrument reflecting
the interest; or (2) provide to the enforcement authority the person's name and address, and the
location of the unsafe premises; is deemed to consent to reasonable action taken under the unsafe
building law for which notice would be required and relinquishes a claim to notice. Provides that
liens for special assessments have the same priority status as liens for property taxes. Increases
the interest rate on delinquent tax payments made by mortgagees from 6% to 10% (the same rate
applicable to tax sale purchasers). Specifies that real property for which any property taxes or
special assessments are delinquent from the prior year's fall installment is eligible for tax sale if
a county executive has certified to the county auditor that the real property is vacant or
abandoned. Specifies that this property must be offered for sale in a different phase of the tax sale
or on a different day of the tax sale than the phase or day at which other real property is offered
for sale. Retains current law (property is eligible for tax sale if taxes or special assessments from
the prior year's spring installment are delinquent) for all other real property. Provides that the
statutes prohibiting certain persons from bidding at a tax sale do not prohibit the owner of a tract
that is offered at a tax sale from bidding on that tract. Allows all counties to use a provision that
currently allows only Marion County to designate certain delinquent properties for acquisition.
Prohibits persons who have violated the unsafe building law from bidding at tax sales. Provides
that a sale to an ineligible bidder is subject to forfeiture, based on the determination of the county
treasurer. Provides that in the event of forfeiture, the amount of the bid will be applied to the
amounts owed by the ineligible bidder and a certificate for the property shall be issued to the
county executive. Repeals a provision authorizing a second tax sale. Provides that property not
sold at the single tax sale shall be transferred to the county executive (or the metropolitan
development commission, in the case of Marion County). Provides an alternate date (51 days
after the tax payment is due) by which the county treasurer may certify to the county auditor the
list of property for which taxes are delinquent. Specifies that a tax sale of a tract or item of real
property must be made not later than 171 days after the list containing the tract or item of real
property is certified to the county auditor. Specifies that persons prohibited from purchasing
property at a tax sale are also prohibited from purchasing certificates of sale. Provides that when
real property is redeemed and the certificate of sale is surrendered to the county auditor, the
purchaser of the certificate of sale or the purchaser's assignee is entitled to receive from the
county an amount equal to: (1) the amount received by the county treasurer for redemption;
minus (2) if the certificate of sale was sold for less than the minimum bid, an amount equal to the
difference between the minimum bid and the amount for which the certificate was sold. Replaces
the term "county commissioners" with "county executive" in the tax sale statutes. Allows the
county executive or metropolitan development commission to hold, manage, maintain, use,
convey, or dispose for any redevelopment purposes those properties not sold for the minimum
bid. Gives redevelopment commissions and the metropolitan redevelopment commission
additional powers concerning the disposition of tax sale properties. Allows a hearing authority
under the unsafe building law to impose fines and additional civil penalties under certain
circumstances. Allows the civil penalties and fines to be collected under the special assessment
procedures. Increases the amount of a civil penalty that may be imposed by a court under the
unsafe building law from $1,000 to $5,000. Provides that a hearing authority under the unsafe
building law may impose additional civil penalties if the hearing authority finds that: (1)
significant work on the premises to comply with the original order has not been accomplished;
and (2) the premises have a negative effect on property values or the quality of life of the
surrounding area or the premises require the provision of services by local government in excess
of the services required by ordinary properties. Allows a court to require a performance bond
from a property owner if the property owner requests additional time to comply with an order
under the unsafe building law. Amends the notice requirements for certain actions under the
unsafe building law. Provides that in the case of a tax sale purchase that may be forfeited because
the purchaser owes delinquent taxes or assessments, the county treasurer must notify the person
in writing that the sale is subject to forfeiture if the person does not pay the amounts that the
person owes within 30 days of the notice. Provides that if a county executive disposes of real
property, the property taxes collected for the real property in the first year the real property is
subject to taxation after the year the real property is sold or otherwise conveyed shall be
disbursed to the county executive that sold or otherwise conveyed the real property. Provides that
the disbursements to the county executive must be deposited in the county general fund, the
redevelopment fund, the unsafe building fund, or the housing trust fund. Specifies that this
disbursement to the county executive terminates in the second year the item of real property is
subject to taxation. Requires a local authority to make an engineering and traffic investigation
before making certain speed limit changes inside and outside of an urban district. Provide that
a local authority does not have to perform an engineering and traffic investigation to determine
the proper maximum speed for local streets in an urban district if the local authority determines
that the proper maximum speed in the urban district is not less than twenty-five (25) miles per
hour. Makes other changes concerning local government. (This conference committee report:
Deletes a provision requiring a city or town to publish one time at least 10 days before the
event or action, the required notice given under the publication procedure statutes. Deletes
a provision allowing a county legislative body to reduce the statutory fee charged by the
county recorder for providing copies of records. Deletes a provision requiring, in addition
to any publication requirements, a civil taxing unit (other than a county, first class city, or
second class city) to post printed notice of a petition requesting approval from the DLGF
to incur bonded indebtedness in three prominent places in the civil taxing unit. Adds
provisions requiring a local authority to make an engineering and traffic investigation
before making certain speed limit changes. Adds the contents of SB 341, with the following
additional provisions: (1) Making property taxes or special assessments that are delinquent
from the prior year's fall installment eligible for tax sale if a county executive has certified
to the county auditor that the real property is vacant or abandoned. (2) Specifying that this
property must be offered for sale in a different phase of the tax sale or on a different day
of the tax sale than the phase or day at which other real property is offered for sale. (3)
Providing that the statutes prohibiting certain persons from bidding at a tax sale do not
prohibit the owner of a tract that is offered at a tax sale from bidding on that tract. (4)
Providing an alternate date (51 days after the tax payment is due) by which the county
treasurer may certify to the county auditor the list of property for which taxes are
delinquent. (5) Specifying that a tax sale of a tract or item of real property must be made
not later than 171 days after the list containing the tract or item of real property is certified
to the county auditor. (6) Specifying that persons prohibited from purchasing property at
a tax sale are also prohibited from purchasing certificates of sale. Providing that when real
property is redeemed and the certificate of sale is surrendered to the county auditor, the
purchaser of the certificate of sale or the purchaser's assignee is entitled to receive from the
county an amount equal to: (A) the amount received by the county treasurer for
redemption; minus (B) if the certificate of sale was sold for less than the minimum bid, an
amount equal to the difference between the minimum bid and the amount for which the
certificate was sold. (7) Reconciling conflicts with enrolled acts passed during the 2006
session.)
Effective: Upon passage; January 1, 2006 (retroactive); July 1, 2006; January 1, 2007.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1102 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete the technical correction made under Senate Rule 33(c) adopted
March 1, 2006.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 5-3-1-0.4; (06)CC110202.1. -->
SECTION 1. IC 5-3-1-0.4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 0.4. As used in this chapter,
"newspaper" refers to a newspaper:
(1) that:
(1) (A) is a daily, weekly, semiweekly, or triweekly newspaper
of general circulation;
(2) (B) has been published for at least three (3) consecutive years
in the same city or town;
(3) (C) has been entered, authorized, and accepted by the United
States Postal Service for at least three (3) consecutive years as
mailable matter of the periodicals class; and
(4) (D) has at least fifty percent (50%) of all copies circulated
paid for by subscribers or other purchasers at a rate that is not
nominal; or
(2) that:
(A) is a daily, weekly, semiweekly, or triweekly newspaper of
general circulation;
(B) has been entered, authorized, and accepted by the United
States Postal Service as mailable matter of the periodicals
class;
(C) has at least fifty percent (50%) of all copies circulated
paid for by subscribers or other purchasers at a rate that is
not nominal; and
(D) meets the greater of the following conditions:
(i) The newspaper's paid circulation during the preceding
year is equal to at least fifty percent (50%) of the paid
circulation for the largest newspaper with a periodicals
class permit located in the county in which the newspaper
is published, based on the average paid or requested
circulation for the preceding twelve (12) months reported
in the newspaper's United States Postal Service Statement
of Ownership published by the newspaper in October of
each year or based on the newspaper's initial application
for a permit from the United States Postal Service.
(ii) The newspaper has an average daily paid circulation of
one thousand five hundred (1,500) based on the average
paid or requested circulation for the preceding twelve (12)
months reported in the newspaper's United States Postal
Service Statement of Ownership published by the
newspaper in October of each year or based on the
newspaper's initial application for a permit from the
United States Postal Service.
SOURCE: IC 5-3-1-2.3; (06)CC110202.2. -->
SECTION 2. IC 5-3-1-2.3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 2.3. (a) A notice published in
accordance with this chapter or any other Indiana statute is valid even
though the notice contains errors or omissions, as long as:
(1) a reasonable person would not be misled by the error or
omission; and
(2) the notice is in substantial compliance with the time and
publication requirements applicable under this chapter or any other
Indiana statute under which the notice is published.
(b) This subsection applies if:
(1) a county auditor publishes a notice concerning a tax rate,
tax levy, or budget of a political subdivision in the county;
(2) the notice contains an error or omission that causes the
notice to inaccurately reflect the tax rate, tax levy, or budget
actually proposed or fixed by the political subdivision; and
(3) the county auditor is responsible for the error or omission
described in subdivision (2).
Notwithstanding any other law, the department of local
government finance may correct an error or omission described in
subdivision (2) at any time. If an error or omission described in
subdivision (2) occurs, the county auditor must publish, at the
county's expense, a notice containing the correct tax rate, tax levy,
or budget as proposed or fixed by the political subdivision.
SOURCE: IC 5-11-10-1; (06)CC110202.3. -->
SECTION 3. IC 5-11-10-1, AS AMENDED BY P.L.127-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. (a) This section applies to the state and its
political subdivisions. However, this section does not apply to the
following:
(1) The state universities.
(2) Ivy Tech Community College of Indiana.
(3) A municipality (as defined in IC 36-1-2-11).
(4) A county.
(5) An airport authority operating in a consolidated city.
(6) A capital improvements board of managers operating in a
consolidated city.
(7) A board of directors of a public transportation corporation
operating in a consolidated city.
(8) A municipal corporation organized under IC 16-22-8-6.
(9) A public library.
(10) A library services authority.
(11) A hospital organized under IC 16-22 or a hospital organized
under IC 16-23.
(12) A school corporation (as defined in IC 36-1-2-17).
(13) A regional water or sewer district organized under IC 13-26
or under IC 13-3-2 (before its repeal).
(14) A municipally owned utility (as defined in IC 8-1-2-1).
(15) A board of an airport authority under IC 8-22-3.
(16) A conservancy district.
(17) A board of aviation commissioners under IC 8-22-2.
(18) A public transportation corporation under IC 36-9-4.
(19) A commuter transportation district under IC 8-5-15.
(20) A solid waste management district established under IC 13-21
or IC 13-9.5 (before its repeal).
(21) A county building authority under IC 36-9-13.
(22) A soil and water conservation district established under
IC 14-32.
(23) The northwestern Indiana regional planning commission
established by IC 36-7-7.6-3.
(b) No warrant or check shall be drawn by a disbursing officer in
payment of any claim unless the same has been fully itemized and its
correctness properly certified to by the claimant or some authorized
person in the claimant's behalf, and filed and allowed as provided by
law.
(c) The certificate provided for in subsection (b) is not required for:
(1) claims rendered by a public utility for electric, gas, steam,
water, or telephone services, the charges for which are regulated by
a governmental body;
(2) a warrant issued by the auditor of state under IC 4-13-2-7(b);
(3) a check issued by a special disbursing officer under
IC 4-13-2-20(g); or
(4) a payment of fees under IC 36-7-11.2-49(b) or
IC 36-7-11.3-43(b).
(d) The disbursing officer shall issue checks or warrants for all claims
which meet all of the requirements of this section. The disbursing
officer does not incur personal liability for disbursements:
(1) processed in accordance with this section; and
(2) for which funds are appropriated and available.
(e) The certificate provided for in subsection (b) must be in the
following form:
I hereby certify that the foregoing account is just and correct, that
the amount claimed is legally due, after allowing all just credits,
and that no part of the same has been paid.
SOURCE: IC 5-11-10-1.6; (06)CC110202.4. -->
SECTION 4. IC 5-11-10-1.6, AS AMENDED BY P.L.1-2005,
SECTION 78, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 1.6. (a) As used in this section,
"governmental entity" refers to any of the following:
(1) A municipality (as defined in IC 36-1-2-11).
(2) A school corporation (as defined in IC 36-1-2-17), including a
school extracurricular account.
(3) A county.
(4) A regional water or sewer district organized under IC 13-26 or
under IC 13-3-2 (before its repeal).
(5) A municipally owned utility that is subject to IC 8-1.5-3 or
IC 8-1.5-4.
(6) A board of an airport authority under IC 8-22-3.
(7) A board of aviation commissioners under IC 8-22-2.
(8) A conservancy district.
(9) A public transportation corporation under IC 36-9-4.
(10) A commuter transportation district under IC 8-5-15.
(11) The state.
(12) A solid waste management district established under IC 13-21
or IC 13-9.5 (before its repeal).
(13) A levee authority established under IC 14-27-6.
(14) A county building authority under IC 36-9-13.
(15) A soil and water conservation district established under
IC 14-32.
(16) The northwestern Indiana regional planning commission
established by IC 36-7-7.6-3.
(b) As used in this section, "claim" means a bill or an invoice
submitted to a governmental entity for goods or services.
(c) The fiscal officer of a governmental entity may not draw a warrant
or check for payment of a claim unless:
(1) there is a fully itemized invoice or bill for the claim;
(2) the invoice or bill is approved by the officer or person receiving
the goods and services;
(3) the invoice or bill is filed with the governmental entity's fiscal
officer;
(4) the fiscal officer audits and certifies before payment that the
invoice or bill is true and correct; and
(5) payment of the claim is allowed by the governmental entity's
legislative body or the board or official having jurisdiction over
allowance of payment of the claim.
This subsection does not prohibit a school corporation, with prior
approval of the board having jurisdiction over allowance of payment of
the claim, from making payment in advance of receipt of services as
allowed by guidelines developed under IC 20-20-13-10.
This
subsection does not prohibit a municipality from making meal
expense advances to a municipal employee who will be traveling on
official municipal business if the municipal fiscal body has adopted
an ordinance allowing the advance payment, specifying the
maximum amount that may be paid in advance, specifying the
required invoices and other documentation that must be submitted
by the municipal employee, and providing for reimbursement from
the wages of the municipal employee if the municipal employee
does not submit the required invoices and documentation.
(d) The fiscal officer of a governmental entity shall issue checks or
warrants for claims by the governmental entity that meet all of the
requirements of this section. The fiscal officer does not incur personal
liability for disbursements:
(1) processed in accordance with this section; and
(2) for which funds are appropriated and available.
(e) The certification provided for in subsection (c)(4) must be on a
form prescribed by the state board of accounts.
SOURCE: IC 5-11-13-1; (06)CC110202.5. -->
SECTION 5. IC 5-11-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. Every state,
county, city, town, township, or school official, elective or appointive,
who is the head of or in charge of any office, department, board, or
commission of the state or of any county, city, town, or township, and
every state, county, city, town, or township employee or agent who is
the head of, or in charge of, or the executive officer of any department,
bureau, board, or commission of the state, county, city, town, or
township, and every executive officer by whatever title designated, who
is in charge of any state educational institution or of any other state,
county, or city institution, shall during the month of January of each
year prepare, make, and sign a written or printed certified report,
correctly and completely showing the names and business addresses of
each and all officers, employees, and agents in their respective offices,
departments, boards, commissions, and institutions, and the respective
duties and compensation of each, and shall forthwith file said report in
the office of the state examiner of the state board of accounts. However,
no more than one (1) report covering the same officers, employees, and
agents need be made from the state or any county, city, town, township,
or school unit in any one year.
SOURCE: IC 5-11-14-1; (06)CC110202.6. -->
SECTION 6. IC 5-11-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) As used in this
section, "official" includes the following:
(1) An elected official who is entitled to attend a conference under
this section.
(2) An individual elected to an office who is entitled to attend a
conference under this section.
(3) A deputy or an assistant to an elected official who is entitled to
attend a conference under this section.
(b) The state board of accounts shall annually call a conference of
each of the following:
(1) County auditors and auditors elect.
(2) County treasurers and treasurers elect.
(3) Circuit court clerks and circuit court clerks elect.
(c) Each of the conferences called under subsection (b):
(1) must be held at a time and place fixed by the state examiner;
(2) may be held statewide or by district; and
(3) may not continue for longer than three (3) days in any one (1)
year.
(d) The following training must be provided at each conference called
under subsection (b):
(1) The proper use of forms prescribed by the state board of
accounts.
(2) The keeping of the records of the respective offices.
(3) At the conference for county treasurers and treasurers elect,
investment training by the following:
(A) The treasurer of state.
(B) The board for depositories.
(C) Any other person the state examiner considers to be
competent in providing investment training.
(4) Any other training that, in the judgment of the state examiner,
will result in the better conduct of the public business.
(e) The state examiner may hold other conferences for:
(1) the officials described in subsection (b); or
(2) other county, city, or township officers;
whenever in the judgment of the state examiner conferences are
necessary.
(f) Whenever a conference is called by the state board of accounts
under this section, an elected official, at the direction of the state
examiner, may require the attendance of:
(1) each of the elected official's appointed and acting chief deputies
or chief assistants; and
(2) if the number of deputies or assistants employed:
(A) does not exceed three (3), one (1) of the elected official's
appointed and acting deputies or assistants; or
(B) exceeds three (3), two (2) of the elected official's duly
appointed and acting deputies or assistants.
(g) Each official
representing a unit and attending any conference
under this section shall be allowed
the following:
(1) A sum for mileage at a rate determined by the fiscal body
of the unit the official represents for each mile necessarily
traveled in going to and returning from the conference by the most
expeditious route.
a sum for mileage at a rate determined by the
fiscal body of the unit the official represents. Each official shall
also be allowed, while attending a conference called under this
section, Regardless of the duration of the conference, only one
(1) mileage reimbursement shall be allowed to the official
furnishing the conveyance even if the official transports more
than one (1) person.
(2) An allowance for lodging for each night preceding conference
attendance in an amount equal to the single room rate. However,
lodging expense, in the case of a one (1) day conference, shall only
be allowed for persons who reside fifty (50) miles or farther from
the conference location.
(3) Each official shall be reimbursed, Reimbursement of an
official, in an amount determined by the fiscal body of the unit the
official represents, for meals purchased while attending a
conference called under this section.
Regardless of the duration of
the conference, only one (1) mileage reimbursement shall be
allowed to the official furnishing the conveyance although the
official transports more than one (1) person.
(h) The state board of accounts shall certify the number of days of
attendance and the mileage for each conference to each official
attending any conference under this section.
(i) All payments of mileage and lodging shall be made by the proper
disbursing officer in the manner provided by law on a duly verified
claim or voucher to which shall be attached the certificate of the state
board of accounts showing the number of days attended and the number
of miles traveled. All payments shall be made from the general fund
from any money not otherwise appropriated and without any previous
appropriation being made therefor.
(j) A claim for reimbursement under this section may not be
denied by the body responsible for the approval of claims if the
claim complies with IC 5-11-10-1.6 and this section.
SOURCE: IC 6-1.1-12.4-3; (06)CC110202.7. -->
SECTION 7. IC 6-1.1-12.4-3, AS ADDED BY P.L.193-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2006 (RETROACTIVE)]: Sec. 3. (a) For purposes of
this section, an increase in the assessed value of personal property is
determined in the same manner that an increase in the assessed value of
new manufacturing equipment is determined for purposes of
IC 6-1.1-12.1.
(b) This subsection applies only to personal property that the owner
purchases after March 1, 2005, and before March 2, 2009. Except as
provided in sections 4, 5, and 8 of this chapter, an owner that purchases
personal property other than inventory (as defined in 50 IAC 4.2-5-1,
as in effect on January 1, 2005) that:
(1) was never before used by its owner for any purpose in Indiana;
and
(2) creates or retains employment;
is entitled to a deduction from the assessed value of the personal
property.
(c) The deduction under this section is first available in the year in
which the increase in assessed value resulting from the purchase of the
personal property occurs and continues for the following two (2) years.
The amount of the deduction that a property owner may receive with
respect to personal property located in a county for a particular year
equals the lesser of:
(1) two million dollars ($2,000,000); or
(2) the product of:
(A) the increase in assessed value resulting from the purchase of
the personal property; multiplied by
(B) the percentage from the following table:
YEAR OF DEDUCTION
PERCENTAGE
1st 75%
2nd 50%
3rd 25%
(d) If an appeal of an assessment is approved that results in a
reduction of the assessed value of the personal property, the amount of
the deduction is adjusted to reflect the percentage decrease that results
from the appeal.
(e) A property owner must claim the deduction under this section on
the owner's annual personal property tax return. The township assessor
shall:
(1) identify the personal property eligible for the deduction to the
county auditor; and
(2) inform the county auditor of the deduction amount.
(f) The county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals of
all deductions approved;
under this section.
(g) The deduction under this section does not apply to a facility
listed in IC 6-1.1-12.1-3(e).
SOURCE: IC 6-1.1-17-5; (06)CC110202.8. -->
SECTION 8. IC 6-1.1-17-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) The officers of
political subdivisions shall meet each year to fix the budget, tax rate,
and tax levy of their respective subdivisions for the ensuing budget year
as follows:
(1) The fiscal body of a consolidated city and county, not later than
the last meeting of the fiscal body in September.
(2) The fiscal body of a second class city, municipality, not later
than September 30.
(3) The board of school trustees of a school corporation that is
located in a city having a population of more than one hundred five
thousand (105,000) but less than one hundred twenty thousand
(120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) September 20 if a resolution adopted under section 5.6(d) of
this chapter is in effect.
(4) The proper officers of all other political subdivisions, not later
than September 20.
Except in a consolidated city and county and in a second class city, the
public hearing required by section 3 of this chapter must be completed
at least ten (10) days before the proper officers of the political
subdivision meet to fix the budget, tax rate, and tax levy. In a
consolidated city and county and in a second class city, that public
hearing, by any committee or by the entire fiscal body, may be held at
any time after introduction of the budget.
(b) Ten (10) or more taxpayers may object to a budget, tax rate, or tax
levy of a political subdivision fixed under subsection (a) by filing an
objection petition with the proper officers of the political subdivision
not more than seven (7) days after the hearing. The objection petition
must specifically identify the provisions of the budget, tax rate, and tax
levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the
political subdivision shall adopt with its budget a finding concerning
the objections in the petition and any testimony presented at the
adoption hearing.
(d) This subsection does not apply to a school corporation. 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, a political subdivision shall file
with the county auditor:
(1) a statement of the tax rate and levy fixed by the political
subdivision for the ensuing budget year;
(2) two (2) copies of the budget adopted by the political
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.
(f) If a fiscal body does not fix the budget, tax rate, and tax levy of
the political subdivisions for the ensuing budget year as required under
this section, the most recent annual appropriations and annual tax levy
are continued for the ensuing budget year.
SOURCE: IC 6-1.1-17-16; (06)CC110202.9. -->
SECTION 9. IC 6-1.1-17-16, AS AMENDED BY P.L.228-2005,
SECTION 21, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 16. (a) Subject to the limitations
and requirements prescribed in this section, the department of local
government finance may revise, reduce, or increase a political
subdivision's budget by fund, tax rate, or tax levy which the department
reviews under section 8 or 10 of this chapter.
(b) Subject to the limitations and requirements prescribed in this
section, the department of local government finance may review, revise,
reduce, or increase the budget by fund, tax rate, or tax levy of any of
the political subdivisions whose tax rates compose the aggregate tax
rate within a political subdivision whose budget, tax rate, or tax levy is
the subject of an appeal initiated under this chapter.
(c) Except as provided in subsections (j) and (k), before the
department of local government finance reviews, revises, reduces, or
increases a political subdivision's budget by fund, tax rate, or tax levy
under this section, the department must hold a public hearing on the
budget, tax rate, and tax levy. The department of local government
finance shall hold the hearing in the county in which the political
subdivision is located. The department of local government finance
may consider the budgets by fund, tax rates, and tax levies of several
political subdivisions at the same public hearing. At least five (5) days
before the date fixed for a public hearing, the department of local
government finance shall give notice of the time and place of the
hearing and of the budgets by fund, levies, and tax rates to be
considered at the hearing. The department of local government finance
shall publish the notice in two (2) newspapers of general circulation
published in the county. However, if only one (1) newspaper of general
circulation is published in the county, the department of local
government finance shall publish the notice in that newspaper.
(d) Except as provided in subsection (i), IC 6-1.1-19, or
IC 6-1.1-18.5, the department of local government finance may not
increase a political subdivision's budget by fund, tax rate, or tax levy to
an amount which exceeds the amount originally fixed by the political
subdivision. However, if the department of local government
finance determines that IC 5-3-1-2.3(b) applies to the tax rate, tax
levy, or budget of the political subdivision, the maximum amount
by which the department may increase the tax rate, tax levy, or
budget is the amount originally fixed by the political subdivision,
and not the amount that was incorrectly published or omitted in
the notice described in IC 5-3-1-2.3(b). The department of local
government finance shall give the political subdivision written
notification specifying any revision, reduction, or increase the
department proposes in a political subdivision's tax levy or tax rate. The
political subdivision has one (1) week two (2) weeks from the date the
political subdivision receives the notice to provide a written response
to the department of local government finance's Indianapolis office.
specifying how to make the required reductions in the amount budgeted
by fund. The response may include budget reductions, reallocation
of levies, a revision in the amount of miscellaneous revenues, and
further review of any other item about which, in the view of the
political subdivision, the department is in error. The department of
local government finance shall make reductions consider the
adjustments as specified in the political subdivision's response if the
response is provided as required by this subsection and sufficiently
specifies all necessary reductions. The department of local government
finance may make a revision, a reduction, or an increase in a political
subdivision's budget only by fund. and shall deliver a final decision
to the political subdivision.
(e) The department of local government finance may not approve a
levy for lease payments by a city, town, county, library, or school
corporation if the lease payments are payable to a building corporation
for use by the building corporation for debt service on bonds and if:
(1) no bonds of the building corporation are outstanding; or
(2) the building corporation has enough legally available funds on
hand to redeem all outstanding bonds payable from the particular
lease rental levy requested.
(f) The department of local government finance shall certify its action
to:
(1) the county auditor;
(2) the political subdivision if the department acts pursuant to an
appeal initiated by the political subdivision;
(3) the first ten (10) taxpayers whose names appear on a petition
filed under section 13 of this chapter; and
(4) a taxpayer that owns property that represents at least ten percent
(10%) of the taxable assessed valuation in the political subdivision.
(g) The following may petition for judicial review of the final
determination of the department of local government finance under
subsection (f):
(1) If the department acts under an appeal initiated by a political
subdivision, the political subdivision.
(2) If the department acts under an appeal initiated by taxpayers
under section 13 of this chapter, a taxpayer who signed the petition
under that section.
(3) If the department acts under an appeal initiated by the county
auditor under section 14 of this chapter, the county auditor.
(4) A taxpayer that owns property that represents at least ten
percent (10%) of the taxable assessed valuation in the political
subdivision.
The petition must be filed in the tax court not more than forty-five (45)
days after the department certifies its action under subsection (f).
(h) The department of local government finance is expressly directed
to complete the duties assigned to it under this section not later than
February 15th of each year for taxes to be collected during that year.
(i) Subject to the provisions of all applicable statutes, the department
of local government finance may increase a political subdivision's tax
levy to an amount that exceeds the amount originally fixed by the
political subdivision if the increase is:
(1) requested in writing by the officers of the political subdivision;
(2) either:
(A) based on information first obtained by the political
subdivision after the public hearing under section 3 of this
chapter; or
(B) results from an inadvertent mathematical error made in
determining the levy; and
(3) published by the political subdivision according to a notice
provided by the department.
(j) The department of local government finance shall annually review
the budget by fund of each school corporation not later than April 1.
The department of local government finance shall give the school
corporation written notification specifying any revision, reduction, or
increase the department proposes in the school corporation's budget by
fund. A public hearing is not required in connection with this review of
the budget.
(k) The department of local government finance may hold a hearing
under subsection (c) only if the notice required in IC 6-1.1-17-12 is
published at least ten (10) days before the date of the hearing.
SOURCE: IC 6-1.1-22-8; (06)CC110202.10. -->
SECTION 10. IC 6-1.1-22-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 8. (a) The county
treasurer shall either:
(1) mail to the last known address of each person liable for any
property taxes or special assessment, as shown on the tax duplicate
or special assessment records, or to the last known address of the
most recent owner shown in the transfer book a statement of
current and delinquent taxes and special assessments; or
(2) transmit by written, electronic, or other means to a mortgagee
maintaining an escrow account for a person who is liable for any
property taxes or special assessments, as shown on the tax
duplicate or special assessment records a statement of current and
delinquent taxes and special assessments.
(b) The county treasurer may include the following in the statement:
(1) An itemized listing for each property tax levy, including:
(A) the amount of the tax rate;
(B) the entity levying the tax owed;
and
(C) the dollar amount of the tax owed;
and
(D) the dollar amount of each special assessment owed.
(2) Information designed to inform the taxpayer or mortgagee
clearly and accurately of the manner in which the taxes billed in the
tax statement are to be used.
A form used and the method by which the statement and information,
if any, are transmitted must be approved by the state board of accounts.
The county treasurer may mail or transmit the statement and
information, if any, one (1) time each year at least fifteen (15) days
before the date on which the first or only installment is due. Whenever
a person's tax liability for a year is due in one (1) installment under
IC 6-1.1-7-7 or section 9 of this chapter, a statement that is mailed must
include the date on which the installment is due and denote the amount
of money to be paid for the installment. Whenever a person's tax
liability is due in two (2) installments, a statement that is mailed must
contain the dates on which the first and second installments are due and
denote the amount of money to be paid for each installment.
(c) All payments of property taxes and special assessments shall be
made to the county treasurer. The county treasurer, when authorized by
the board of county commissioners, may open temporary offices for the
collection of taxes in cities and towns in the county other than the
county seat.
(d) Before July 1, 2004, the department of local government finance
shall designate five (5) counties to participate in a pilot program to
implement the requirements of subsection (e). The department shall
immediately notify the county treasurer, county auditor, and county
assessor in writing of the designation under this subsection. The
legislative body of a county not designated for participation in the pilot
program may adopt an ordinance to implement the requirements of
subsection (e). The legislative body shall submit a copy of the
ordinance to the department of local government finance, which shall
monitor the county's implementation of the requirements of subsection
(e) as if the county were a participant in the pilot program. The
requirements of subsection (e) apply:
(1) only in:
(A) a county designated to participate in a pilot program under
this subsection, for property taxes first due and payable after
December 31, 2004, and before January 1, 2008; or
(B) a county adopting an ordinance under this subsection, for
property taxes first due and payable after December 31, 2003, or
December 31, 2004 (as determined in the ordinance), and before
January 1, 2008; and
(2) in all counties for taxes first due and payable after December
31, 2007.
(e) Subject to subsection (d), regardless of whether a county treasurer
transmits a statement of current and delinquent taxes and special
assessments to a person liable for the taxes under subsection (a)(1) or
to a mortgagee under subsection (a)(2), the county treasurer shall mail
the following information to the last known address of each person
liable for the property taxes or special assessments or to the last known
address of the most recent owner shown in the transfer book. The
county treasurer shall mail the information not later than the date the
county treasurer transmits a statement for the property under subsection
(a)(1) or (a)(2). The county treasurer, county auditor, and county
assessor shall cooperate to generate the information to be included on
the form. The information that must be provided is the following:
(1) A breakdown showing the total property tax and special
assessment liability and the amount of the taxpayer's liability that
will be distributed to each taxing unit in the county.
(2) A comparison showing any change in the assessed valuation for
the property as compared to the previous year.
(3) A comparison showing any change in the property tax and
special assessment liability for the property as compared to the
previous year. The information required under this subdivision
must identify:
(A) the amount of the taxpayer's liability distributable to each
taxing unit in which the property is located in the current year
and in the previous year; and
(B) the percentage change, if any, in the amount of the taxpayer's
liability distributable to each taxing unit in which the property is
located from the previous year to the current year.
(4) An explanation of the following:
(A) The homestead credit and all property tax deductions.
(B) The procedure and deadline for filing for the homestead
credit and each deduction.
(C) The procedure that a taxpayer must follow to:
(i) appeal a current assessment; or
(ii) petition for the correction of an error related to the
taxpayer's property tax and special assessment liability.
(D) The forms that must be filed for an appeal or a petition
described in clause (C).
The department of local government finance shall provide the
explanation required by this subdivision to each county treasurer.
(5) A checklist that shows:
(A) the homestead credit and all property tax deductions; and
(B) whether the homestead credit and each property tax
deduction applies in the current statement for the property
transmitted under subsection (a)(1) or (a)(2).
(f) The information required to be mailed under subsection (e) must
be simply and clearly presented and understandable to the average
individual.
(g) A county that incurs:
(1) initial computer programming costs directly related to
implementation of the requirements of subsection (e); or
(2) printing costs directly related to mailing information under
subsection (e);
shall submit an itemized statement of the costs to the department of
local government finance for reimbursement from the state. The
treasurer of state shall pay a claim approved by the department of local
government finance and submitted under this section on a warrant of
the auditor of state. However, the treasurer of state may not pay any
additional claims under this subsection after the total amount of claims
paid reaches fifty thousand dollars ($50,000).
SOURCE: IC 6-1.1-22-11; (06)CC110202.11. -->
SECTION 11. IC 6-1.1-22-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 11. A holder of
a lien of record on any real property on which taxes are delinquent may
pay the delinquent taxes, penalties, and cost. The amount so paid is an
additional lien on the real property in favor of the lienholder and is
collectible, with interest at six ten percent (6%) (10%) per annum from
the time of payment, in the same manner as the original lien.
SOURCE: IC 6-1.1-22-13.5; (06)CC110202.12. -->
SECTION 12. IC 6-1.1-22-13.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2007]: Sec. 13.5. (a) A political
subdivision acquires a lien on each tract of real property for:
(1) all special assessments levied against the tract, including the
land under an improvement or appurtenance described in
IC 6-1.1-2-4(b); and
(2) all subsequent penalties and costs resulting from the special
assessments.
The lien attaches on the installment due date of the year for which
the special assessments are certified for collection. The lien is not
affected by any sale or transfer of the tract, including the land
under an improvement or appurtenance described in
IC 6-1.1-2-4(b), and including the sale, exchange, or lease of the
tract under IC 36-1-11.
(b) The lien of the political subdivision for special assessments,
penalties, and costs continues for ten (10) years from May 10 of the
year in which special assessments first become due. However, if any
proceeding is instituted to enforce the lien within the ten (10) year
period, the limitation is extended, if necessary, to permit the
termination of the proceeding.
(c) The lien of the state inures to political subdivisions that
impose the special assessments on which the lien is based, and the
lien is superior to all other liens except the lien of the state for
property taxes.
(d) A political subdivision described in subsection (c) may
institute a civil suit against a person or an entity liable for
delinquent special assessments. The political subdivision may, after
obtaining a judgment, collect:
(1) delinquent special assessments;
(2) penalties due to the delinquency; and
(3) costs and expenses incurred in collecting the delinquent
special assessments, including reasonable attorney's fees and
court costs approved by a court with jurisdiction.
SOURCE: IC 6-1.1-24-1; (06)CC110202.13. -->
SECTION 13. IC 6-1.1-24-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1. (a) On or
before July 1 of each year
or fifty-one (51) days after the tax
payment due date, the county treasurer
(or county executive, in the
case of property described in subdivision (2)) shall certify to the
county auditor a list of real property on which any of the following
exist:
(1)
In the case of real property other than real property
described in subdivision (2), any property taxes or special
assessments certified to the county auditor for collection by the
county treasurer from the prior year's spring installment or before
are delinquent as determined under IC 6-1.1-37-10.
(2) In the case of real property for which a county executive has
certified to the county auditor that the real property is:
(A) vacant; or
(B) abandoned;
any property taxes or special assessments from the prior year's
fall installment or before that are delinquent as determined
under IC 6-1.1-37-10. The county executive must make a
certification under this subdivision not later than sixty-one (61)
days before the earliest date on which application for judgment
and order for sale may be made.
(2) (3) Any unpaid costs are due under section 2(b) of this chapter
from a prior tax sale.
(b) The county auditor shall maintain a list of all real property eligible
for sale. Unless the taxpayer pays to the county treasurer the amounts
in subsection (a), the taxpayer's property shall remain on the list. The
list must:
(1) describe the real property by parcel number and common
address, if any;
(2) for a tract or item of real property with a single owner, indicate
the name of the owner; and
(3) for a tract or item with multiple owners, indicate the name of at
least one (1) of the owners.
(c) Except as otherwise provided in this chapter, the real property so
listed is eligible for sale in the manner prescribed in this chapter.
(d) Not later than fifteen (15) days after the date of the county
treasurer's certification under subsection (a), the county auditor shall
mail by certified mail a copy of the list described in subsection (b) to
each mortgagee who requests from the county auditor by certified mail
a copy of the list. Failure of the county auditor to mail the list under this
subsection does not invalidate an otherwise valid sale.
SOURCE: IC 6-1.1-24-1.5; (06)CC110202.14. -->
SECTION 14. IC 6-1.1-24-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1.5. (a) This
section applies to a county having a consolidated city.
(a) As used in this chapter and IC 6-1.1-25, "county executive"
means the following:
(1) In a county not containing a consolidated city, the county
executive or the county executive's designee.
(2) In a county containing a consolidated city, the executive of
the consolidated city.
(b) The metropolitan development commission shall county
executive may designate the real property on the list prepared under
section 4.5(b) of this chapter that is eligible for listing on the list
prepared under subsection (d). (c).
(c) The commission may designate real property for inclusion on the
list if the commission finds that the real property:
(1) is an unsafe premises as determined under (IC 36-7-9) and is
subject to:
(A) an order issued under IC 36-7-9; or
(B) a notice of violation issued by the county's health and
hospital corporation under IC 16-22-8;
(2) is not being used as a residence or for a business enterprise; and
(3) is suitable for rehabilitation or development that will benefit or
serve low or moderate income families.
(d) (c) The commission county executive shall prepare a list of
properties designated under subsection (b) and certify the list to the
county auditor no later than sixty-one (61) days prior to the earliest date
on which application for judgment and order for sale may be made.
(e) (d) Upon receiving the list described in subsection (d), (c), the
county auditor shall:
(1) prepare a list of the properties certified by the commission; and
(2) delete any property described in that list from the delinquent tax
list prepared under section 1 of this chapter.
(f) If the county auditor receives an owner's affidavit under section
4.1 of this chapter, the auditor shall, upon determining that the
information contained in the affidavit is correct, remove the property
from the list prepared under subsection (e) and restore the property to
the list prepared under section 1 of this chapter.
SOURCE: IC 6-1.1-24-2; (06)CC110202.15. -->
SECTION 15. IC 6-1.1-24-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 2. (a) In addition
to the delinquency list required under section 1 of this chapter, each
county auditor shall prepare a notice. The notice shall contain the
following:
(1) A list of tracts or real property eligible for sale under this
chapter.
(2) A statement that the tracts or real property included in the list
will be sold at public auction to the highest bidder, subject to the
right of redemption.
(3) A statement that the tracts or real property will not be sold for
an amount which is less than the sum of:
(A) the delinquent taxes and special assessments on each tract or
item of real property;
(B) the taxes and special assessments on each tract or item of real
property that are due and payable in the year of the sale, whether
or not they are delinquent;
(C) all penalties due on the delinquencies;
(D) an amount prescribed by the county auditor that equals the
sum of:
(i)
the greater of twenty-five dollars ($25)
for or postage and
publication costs; and
(ii) any other actual costs incurred by the county that are
directly attributable to the tax sale; and
(E) any unpaid costs due under subsection (b) from a prior tax
sale.
(4) A statement that a person redeeming each tract or item of real
property after the sale must pay:
(A) one hundred ten percent (110%) of the amount of the
minimum bid for which the tract or item of real property was
offered at the time of sale if the tract or item of real property is
redeemed not more than six (6) months after the date of sale;
(B) one hundred fifteen percent (115%) of the amount of the
minimum bid for which the tract or item of real property was
offered at the time of sale if the tract or item of real property is
redeemed more than six (6) months after the date of sale;
(C) the amount by which the purchase price exceeds the
minimum bid on the tract or item of real property plus ten
percent (10%) per annum on the amount by which the purchase
price exceeds the minimum bid; and
(D) all taxes and special assessments on the tract or item of real
property paid by the purchaser after the tax sale plus interest at
the rate of ten percent (10%) per annum on the amount of taxes
and special assessments paid by the purchaser on the redeemed
property.
(5) A statement for informational purposes only, of the location of
each tract or item of real property by key number, if any, and street
address, if any, or a common description of the property other than
a legal description. The township assessor, upon written request
from the county auditor, shall provide the information to be in the
notice required by this subsection. A misstatement in the key
number or street address does not invalidate an otherwise valid
sale.
(6) A statement that the county does not warrant the accuracy of
the street address or common description of the property.
(7) A statement indicating:
(A) the name of the owner of each tract or item of real property
with a single owner; or
(B) the name of at least one (1) of the owners of each tract or
item of real property with multiple owners.
(8) A statement of the procedure to be followed for obtaining or
objecting to a judgment and order of sale, that must include the
following:
(A) A statement:
(i) that the county auditor and county treasurer will apply on
or after a date designated in the notice for a court judgment
against the tracts or real property for an amount that is not less
than the amount set under subdivision (3), and for an order to
sell the tracts or real property at public auction to the highest
bidder, subject to the right of redemption; and
(ii) indicating the date when the period of redemption specified
in IC 6-1.1-25-4 will expire.
(B) A statement that any defense to the application for judgment
must be filed with the court before the date designated as the
earliest date on which the application for judgment may be filed.
(C) A statement that the court will set a date for a hearing at least
seven (7) days before the advertised date and that the court will
determine any defenses to the application for judgment at the
hearing.
(9) A statement that the sale will be conducted at a place
designated in the notice and that the sale will continue until all
tracts and real property have been offered for sale.
(10) A statement that the sale will take place at the times and dates
designated in the notice. Except as provided in section 5.5 of this
chapter, The sale must take place on or after August 1 and before
November 1 of each year.
(11) A statement that a person redeeming each tract or item after
the sale must pay the costs described in IC 6-1.1-25-2(e).
(12) If a county auditor and county treasurer have entered into an
agreement under IC 6-1.1-25-4.7, a statement that the county
auditor will perform the duties of the notification and title search
under IC 6-1.1-25-4.5 and the notification and petition to the court
for the tax deed under IC 6-1.1-25-4.6.
(13) A statement that, if the tract or item of real property is sold for
an amount more than the minimum bid and the property is not
redeemed, the owner of record of the tract or item of real property
who is divested of ownership at the time the tax deed is issued may
have a right to the tax sale surplus.
(14) If a determination has been made under subsection (d), a
statement that tracts or items will be sold together.
(b) If within sixty (60) days before the date of the tax sale the county
incurs costs set under subsection (a)(3)(D) and those costs are not paid,
the county auditor shall enter the amount of costs that remain unpaid
upon the tax duplicate of the property for which the costs were set. The
county treasurer shall mail notice of unpaid costs entered upon a tax
duplicate under this subsection to the owner of the property identified
in the tax duplicate.
(c) The amount of unpaid costs entered upon a tax duplicate under
subsection (b) must be paid no later than the date upon which the next
installment of real estate taxes for the property is due. Unpaid costs
entered upon a tax duplicate under subsection (b) are a lien against the
property described in the tax duplicate, and amounts remaining unpaid
on the date the next installment of real estate taxes is due may be
collected in the same manner that delinquent property taxes are
collected.
(d) The county auditor and county treasurer may establish the
condition that a tract or item will be sold and may be redeemed under
this chapter only if the tract or item is sold or redeemed together with
one (1) or more other tracts or items. Property may be sold together
only if the tract or item is owned by the same person.
SOURCE: IC 6-1.1-24-2.2; (06)CC110202.16. -->
SECTION 16. IC 6-1.1-24-2.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 2.2.
(a) This
section applies to a county having a consolidated city.
(b) Whenever a notice required under section 2 of this chapter
includes real property on the list prepared under
section 1.5(e) section
1(a)(2) or 1.5(d) of this chapter, the notice must also contain a
statement that:
(1) the property is on the alternate list prepared under
section 1.5(e)
section 1(a)(2) or 1.5(d) of this chapter;
(2) the owner of the property may file an affidavit with the county
auditor no later than twenty (20) days following the date of the
notice indicating that the residential structure located on the
property is:
(A) habitable under state law and any ordinance of the political
subdivision where the property is located; and
(B) has been occupied as a permanent residence for the six (6)
month period preceding the date of the notice;
(3) if the auditor determines that the statements made in the
affidavit are correct, the auditor will remove the property from the
list prepared under section 1.5(e) of this chapter and restore the
parcel to the delinquent tax list prepared under section 1 of this
chapter;
(4) (2) if the property is not redeemed within one hundred twenty
(120) days after the date of sale, the county auditor shall execute
and deliver a deed for the property to the purchaser or purchaser's
assignee; and
(5) (3) if the property is offered for sale and a bid is not received
for at least the amount required under section 5 of this chapter, the
county auditor may execute and deliver a deed for the property to
the purchasing agency under IC 36-7-17, county executive, subject
to IC 6-1.1-25.
SOURCE: IC 6-1.1-24-3; (06)CC110202.17. -->
SECTION 17. IC 6-1.1-24-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 3. (a) When real
property is eligible for sale under this chapter, the county auditor shall
post a copy of the notice required by sections 2 and 2.2 of this chapter
at a public place of posting in the county courthouse or in another
public county building at least twenty-one (21) days before the earliest
date of application for judgment. In addition, the county auditor shall,
in accordance with IC 5-3-1-4, publish the notice required in sections
2 and 2.2 of this chapter once each week for three (3) consecutive
weeks before the earliest date on which the application for judgment
may be made. The expenses of this publication shall be paid out of the
county general fund without prior appropriation.
(b) At least twenty-one (21) days before the application for judgment
is made, the county auditor shall mail a copy of the notice required by
sections 2 and 2.2 of this chapter by certified mail, return receipt
requested, to any mortgagee who annually requests, by certified mail,
a copy of the notice. However, the failure of the county auditor to mail
this notice or its nondelivery does not affect the validity of the
judgment and order.
(c) The notices mailed under this section and the advertisement
published under section 4(b) of this chapter is are considered sufficient
notice of the intended application for judgment and of the sale of real
property under the order of the court.
SOURCE: IC 6-1.1-24-4; (06)CC110202.18. -->
SECTION 18. IC 6-1.1-24-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 4. (a) Not less
than twenty-one (21) days before the earliest date on which the
application for judgment and order for sale of real property eligible for
sale may be made, the county auditor shall send a notice of the sale by
certified mail to:
(1) the owner of record of real property with a single owner; or
(2) to at least one (1) of the owners of real property with multiple
owners;
at the last address of the owner for the property as indicated in the
records of the county auditor. The county auditor shall prepare the
notice in the form prescribed by the state board of accounts. The notice
must set forth the key number, if any, of the real property and a street
address, if any, or other common description of the property other than
a legal description. The notice must include the statement set forth in
section 2(a)(4) of this chapter. The county auditor must present proof
of this mailing to the court along with the application for judgment and
order for sale. Failure by an owner to receive or accept the notice
required by this section does not affect the validity of the judgment and
order. The owner of real property shall notify the county auditor of the
owner's correct address. The notice required under this section is
considered sufficient if the notice is mailed to the address required by
this section.
(b) This subsection applies to a county having a consolidated city. In
addition to the notice required under subsection (a) for real property on
the list prepared under section 1.5(e) section 1(a)(2) or 1.5(d) of this
chapter, the county auditor shall prepare and mail the notice required
under section 2.2 of this chapter no later than August 15 in the year in
which the property is to be sold under this chapter.
(c) On or before the day of sale, the county auditor shall list, on the
tax sale record required by IC 6-1.1-25-8, all properties that will be
offered for sale.
SOURCE: IC 6-1.1-24-4.6; (06)CC110202.19. -->
SECTION 19. IC 6-1.1-24-4.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 4.6. (a) On the
day on which the application for judgment and order for sale is made,
the county treasurer shall report to the county auditor all of the tracts
and real property listed in the notice required by section 2 of this
chapter upon which all delinquent taxes and special assessments, all
penalties due on the delinquencies, any unpaid costs due from a prior
tax sale, and the amount due under section 2(a)(3)(D) of this chapter
have been paid up to that time. The county auditor, assisted by the
county treasurer, shall compare and correct the list, removing tracts and
real property for which all delinquencies have been paid, and shall
make and subscribe an affidavit in substantially the following form:
State of Indiana )
) ss
County of ____________ )
I, ______________, treasurer of the county of __________, and
I, _______________, auditor of the county of ___________, do
solemnly affirm that the foregoing is a true and correct list of the real
property within the county of ___________ upon which have remained
delinquent uncollected taxes, special assessments, penalties and costs,
as required by law for the time periods set forth, to the best of my
knowledge and belief.
______________________
County Treasurer
______________________
County Auditor
Dated ____________
I, _____________, auditor of the county of ____________, do
solemnly affirm that notice of the application for judgment and
order for sale was mailed via certified mail to the owners on the
foregoing list, and publication made, as required by law.
_____________________
County Auditor
Dated ____________
(b) Application for judgment and order for sale shall be made as one
(1) cause of action to any court of competent jurisdiction jointly by the
county treasurer and county auditor. The application shall include the
names of at least one (1) of the owners of each tract or item of real
property, the dates of mailing of the notice required by sections 2
and 2.2 of this chapter, the dates of publication required by section
3 of this chapter, and the affidavit and corrected list as provided in
subsection (a).
(c) Any defense to the application for judgment and order of sale
shall be filed with the court on or before the earliest date on which the
application may be made as set forth in the notice required under
section 2 of this chapter.
SOURCE: IC 6-1.1-24-4.7; (06)CC110202.20. -->
SECTION 20. IC 6-1.1-24-4.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 4.7. (a) No later
than fifteen (15) days before the advertised date of the tax sale, the
court shall examine the list of tracts and real property as provided under
section 4.6 of this chapter. No later than three (3) days before the
advertised date of the tax sale, the court shall enter judgment for those
taxes, special assessments, penalties, and costs that appear to be due.
This judgment is considered as a judgment against each tract or item of
real property for each kind of tax, special assessment, penalty, or cost
included in it. The affidavit provided under section 4.6 of this chapter
is prima facie evidence of delinquency for purposes of proceedings
under this section. The court shall also direct the clerk to prepare and
enter an order for the sale of those tracts and real property against
which judgment is entered.
(b) Not later than seven (7) days before the advertised date of the tax
sale, the court shall conduct a hearing. At the hearing, the court shall
hear any defense offered by any person interested in any of the tracts
or items of real property to the entry of judgment against them, hear and
determine the matter in a summary manner, without pleadings, and
enter its judgment. The court shall enter a judgment under this
subsection not later than three (3) days before the advertised date of the
tax sale. The objection must be in writing, and no person may offer any
defense unless the writing specifying the objection is accompanied by
an original or a duplicate tax receipt or other supporting documentation.
At least seven (7) days before the date set for the hearing, notice of the
date, time, and place of the hearing shall be provided by the court to
any person filing a defense to the application for judgment and order of
sale.
(c) If judgment is entered in favor of the respondent under these
proceedings or if judgment is not entered for any particular tract, part
of a tract, or items of real property because of an unresolved objection
made under subsection (b), the court shall remove those tracts, parts of
tracts, or items of real property from the list of tracts and real property
provided under section 4.6 of this chapter.
(d) A judgment and order for sale shall contain the final listing of
affected properties
and the name of at least one (1) of the owners of
each tract or item of real property, and shall substantially follow this
form:
"Whereas, notice has been given of the intended application for a
judgment against these tracts and real property, and no sufficient
defense has been made or cause has been shown why judgment
should not be entered against these tracts for taxes, and real
property special assessments, penalties, and costs due and unpaid
on them, therefore it is considered by the court that judgment is
hereby entered against the below listed tracts and real property in
favor of the state of Indiana for the amount of taxes, special
assessments, penalties, and costs due severally on them; and it is
ordered by the court that the several tracts or items of real
property be sold as the law directs. Payments for taxes, special
assessments, penalties, and costs made after this judgment but
before the sale shall reduce the judgment accordingly.".
(e) The order of the court constitutes the list of tracts and real
property that shall be offered for sale under section 5 of this chapter.
(f) The court that enters judgment under this section shall retain
exclusive continuing supervisory jurisdiction over all matters and
claims relating to the tax sale.
(g) No error or informality in the proceedings of any of the officers
connected with the assessment, levying, or collection of the taxes that
does not affect the substantial justice of the tax itself shall invalidate or
in any manner affect the tax or the assessment, levying, or collection of
the tax.
(h) Any irregularity, informality, omission, or defective act of one
(1) or more officers connected with the assessment or levying of the
taxes may be, in the discretion of the court, corrected, supplied, and
made to conform to law by the court, or by the officer (in the presence
of the court).
SOURCE: IC 6-1.1-24-5; (06)CC110202.21. -->
SECTION 21. IC 6-1.1-24-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 5. (a) When a
tract or an item of real property is subject to sale under this chapter, it
must be sold in compliance with this section.
(b) The sale must:
(1) be held at the times and place stated in the notice of sale; and
(2)
except as provided in section 5.5 of this chapter, not extend
beyond
October 31 of the year of sale. one hundred seventy-one
(171) days after the list containing the tract or item of real
property is certified to the county auditor.
(c) A tract or an item of real property may not be sold under this
chapter to collect:
(1) delinquent personal property taxes; or
(2) taxes or special assessments which are chargeable to other real
property.
(d) A tract or an item of real property may not be sold under this
chapter if all the delinquent taxes, penalties, and special assessments on
the tract or an item of real property and the amount prescribed by
section 2(a)(3)(D) of this chapter, reflecting the costs incurred by the
county due to the sale, are paid before the time of sale.
(e) The county treasurer shall sell the tract or real property, subject
to the right of redemption, to the highest bidder at public auction.
However, a tract or an item of real property may not be sold for an
amount which is less than the sum of:
(1) the delinquent taxes and special assessments on each tract or
item of real property;
(2) the taxes and special assessments on each tract or item of real
property that are due and payable in the year of the sale,
regardless of whether the taxes and special assessments are
delinquent;
(3) all penalties which are due on the delinquencies;
(4) the amount prescribed by section 2(a)(3)(D) of this chapter
reflecting the costs incurred by the county due to the sale;
(5) any unpaid costs which are due under section 2(b) of this
chapter from a prior tax sale; and
(6) other reasonable expenses of collection, including title search
expenses, uniform commercial code expenses, and reasonable
attorney's fees incurred by the date of the sale.
(f) For purposes of the sale, it is not necessary for the county
treasurer to first attempt to collect the real property taxes or special
assessments out of the personal property of the owner of the tract or
real property.
(g) The county auditor shall serve as the clerk of the sale.
(h) Real property certified to the county auditor under section
1(2) of this chapter must be offered for sale in a different phase of
the tax sale or on a different day of the tax sale than the phase or
day during which other real property is offered for sale.
SOURCE: IC 6-1.1-24-5.3; (06)CC110202.22. -->
SECTION 22. IC 6-1.1-24-5.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 5.3. (a) This
section applies to the following:
(1) A person who:
(A) owns a fee interest, a life estate interest, or the
equitable interest of a contract purchaser in an unsafe
building or unsafe premises in the county in which a sale is
held under this chapter; and
(B) is subject to an order issued under IC 36-7-9-5(a)(2),
IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5)
regarding which the conditions set forth in
IC 36-7-9-10(a)(1) through IC 36-7-9-10(a)(4) exist.
(2) A person who:
(A) owns a fee interest, a life estate interest, or the
equitable interest of a contract purchaser in an unsafe
building or unsafe premises in the county in which a sale is
held under this chapter; and
(B) is subject to an order issued under IC 36-7-9-5(a), other
than an order issued under IC 36-7-9-5(a)(2),
IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5),
regarding which the conditions set forth in
IC 36-7-9-10(b)(1) through IC 36-7-9-10(b)(4) exist.
(3) A person who is the defendant in a court action brought
under IC 36-7-9-18, IC 36-7-9-19, IC 36-7-9-20, IC 36-7-9-21,
or IC 36-7-9-22 in the county in which a sale is held under this
chapter that has resulted in a judgment in favor of the
plaintiff and the unsafe condition that caused the action to be
brought has not been corrected.
(4) A person who has any of the following relationships to a
person, partnership, corporation, or legal entity described in
subdivisions (1), (2), or (3):
(A) A partner of a partnership.
(B) An officer or majority stockholder of a corporation.
(C) The person who directs the activities or has a majority
ownership in a legal entity other than a partnership or
corporation.
(1) (5) A person who, in the county in which a sale is held
under this chapter, owes:
(A) delinquent taxes;
(B) special assessments;
(C) penalties;
(D) interest; or
(E) costs directly attributable to a prior tax sale;
on a tract or an item of real property listed under section 1 of this
chapter.
(2) (6) A person who is an agent of the person described in
subdivision (1). this subsection.
(b) A person subject to this section may not purchase a tract offered
for sale under section 5 or 5.5 6.1 of this chapter. However, this
section does not prohibit a person from bidding on a tract that is
owned by the person and offered for sale under section 5 of this
chapter.
(c) The county treasurer shall require each person who will be
bidding at the tax sale to sign a statement in a form substantially
similar to the following:
"Indiana law prohibits a person who owes delinquent taxes,
special assessments, penalties, interest, or costs directly
attributable to a prior tax sale from purchasing tracts or items
of real property at a tax sale. I hereby affirm under the
penalties for perjury that I do not owe delinquent taxes,
special assessments, penalties, interest, costs directly
attributable to a prior tax sale, amounts from a final
adjudication in favor of a political subdivision in this county,
any civil penalties imposed for the violation of a building code
or ordinance of this county, or any civil penalties imposed by
a health department in this county. Further, I hereby
acknowledge that any successful bid I make in violation of this
statement is subject to forfeiture. In the event of forfeiture, the
amount of my bid shall be applied to the delinquent taxes,
special assessments, penalties, interest, costs, judgments, or
civil penalties I owe, and a certificate will be issued to the
county executive.".
(c) (d) If a person purchases a tract that the person was not eligible
to purchase under this section, the sale of the property is void. subject
to forfeiture. If the county treasurer determines or is notified not
more than six (6) months after the date of the sale that the sale of
the property should be forfeited, the county treasurer shall:
(1) notify the person in writing that the sale is subject to
forfeiture if the person does not pay the amounts that the
person owes within thirty (30) days of the notice;
(2) if the person does not pay the amounts that the person
owes within thirty (30) days after the notice, apply the
surplus
amount of the person's bid to the person's delinquent taxes,
special
assessments, penalties, and interest;
(3) remit the amounts owed from a final adjudication or civil
penalties in favor of a political subdivision to the appropriate
political subdivision; and
offer the real property for sale again
(4) notify the county auditor that the sale has been forfeited.
Upon being notified that a sale has been forfeited, the county
auditor shall issue a certificate to the county executive under
section
6 of this chapter.
(e) A county treasurer may decline to forfeit a sale under this
section because of inadvertence or mistake, lack of actual
knowledge by the bidder, substantial harm to other parties with
interests in the tract or item of real property, or other substantial
reasons. If the treasurer declines to forfeit a sale, the treasurer
shall:
(1) prepare a written statement explaining the reasons for
declining to forfeit the sale; and
(2) retain the written statement as an official record.
(f) If a sale is forfeited under this section and the tract or item
of real property is redeemed from the sale, the county auditor shall
deposit the amount of the redemption into the county general fund
and notify the county executive of the redemption. Upon being
notified of the redemption, the county executive shall surrender the
certificate to the county auditor.
SOURCE: IC 6-1.1-24-6; (06)CC110202.23. -->
SECTION 23. IC 6-1.1-24-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 6. (a) When a
tract or an item of real property is offered for sale under this chapter for
two (2) consecutive tax sales and an amount is not received equal to or
in excess of the minimum sale price prescribed in section 5(e) of this
chapter, the county executive acquires a lien in the amount of the
minimum sale price. This lien attaches on the day after the last date on
which the tract or item was offered for sale. the second time.
(b) When a county executive acquires a lien under this section, the
county auditor shall issue a tax sale certificate to the county executive
in the manner provided in section 9 of this chapter. The county auditor
shall date the certificate the day that the county executive acquires the
lien. When a county executive acquires a certificate under this section,
the county executive has the same rights as a purchaser. However, the
county shall hold the certificate for the taxing units described in
subsection (c).
(c) When a lien is acquired by a county executive under this section,
no money shall be paid by the county executive. However, each of the
taxing units having an interest in the taxes on the tract shall be charged
with the full amount of all delinquent taxes due them.
SOURCE: IC 6-1.1-24-6.1; (06)CC110202.24. -->
SECTION 24. IC 6-1.1-24-6.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 6.1. (a) The
county commissioners executive may:
(1) by resolution, identify properties:
(A) that are described in section 6.7(a) of this chapter; and
(B) concerning which the county commissioners desire
executive desires to offer to the public the certificates of sale
acquired by the county executive under section 6 of this
chapter;
(2) publish notice in accordance with IC 5-3-1 of the date, time,
and place for a public sale of the certificates of sale that is not
earlier than ninety (90) days after the last date the notice is
published; and
(3) sell each certificate of sale covered by the resolution for a
price that:
(A) is less than the minimum sale price prescribed by section
5(e) of this chapter; and
(B) includes any costs to the county
executive directly
attributable to the sale of the certificate of sale.
(b) Notice of the list of properties prepared under subsection (a) and
the date, time, and place for the public sale of the certificates of sale
shall be published in accordance with IC 5-3-1. The notice must:
(1) include a description of the property by parcel number and
common address;
(2) specify that the county
commissioners executive will accept
bids for the certificates of sale for the price referred to in
subsection (a)(3);
(3) specify the minimum bid for each parcel;
(4) include a statement that a person redeeming each tract or item
of real property after the sale of the certificate must pay:
(A) the amount of the minimum bid under section 5(e) of this
chapter for which the tract or item of real property was last
offered for sale;
(B) ten percent (10%) of the amount for which the certificate
is sold;
(C) the attorney's fees and costs of giving notice under
IC 6-1.1-25-4.5;
(D) the costs of a title search or of examining and updating the
abstract of title for the tract or item of real property; and
(E) all taxes and special assessments on the tract or item of real
property paid by the purchaser after the sale of the certificate
plus interest at the rate of ten percent (10%) per annum on the
amount of taxes and special assessments paid by the purchaser
on the redeemed property; and
(5) include a statement that, if the certificate is sold for an amount
more than the minimum bid under section 5(e) of this chapter for
which the tract or item of real property was last offered for sale
and the property is not redeemed, the owner of record of the tract
or item of real property who is divested of ownership at the time
the tax deed is issued may have a right to the tax sale surplus.
SOURCE: IC 6-1.1-24-6.3; (06)CC110202.25. -->
SECTION 25. IC 6-1.1-24-6.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 6.3. (a) The sale
of certificates of sale under this chapter must be held at the time and
place stated in the notice of sale.
(b) A certificate of sale may not be sold under this chapter if the
following are paid before the time of sale:
(1) All the delinquent taxes, penalties, and special assessments on
the tract or an item of real property.
(2) The amount prescribed by section 2(a)(3)(D) of this chapter,
reflecting the costs incurred by the county due to the sale.
(c) The county commissioners executive shall sell the certificate of
sale, subject to the right of redemption, to the highest bidder at public
auction.
(d) The county auditor shall serve as the clerk of the sale.
SOURCE: IC 6-1.1-24-6.7; (06)CC110202.26. -->
SECTION 26. IC 6-1.1-24-6.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 6.7.
(a) After
each tax sale conducted under this chapter, the county auditor shall
prepare and deliver to the county commissioners a list of all properties:
(1) that have been offered for sale in two (2) consecutive tax sales;
(2) that have not received a bid for at least the amount required
under section 5 of this chapter;
(3) that are not subject to the provisions of section 6.5 of this
chapter;
(4) on which the county has acquired a lien under section 6 of this
chapter; and
(5) for which the county is eligible to take title.
(b) (a) The county
commissioners shall executive may:
(1) by resolution, identify the property described under
subsection
(a) section 6 of this chapter that the county
commissioners desire
executive desires to transfer to a nonprofit corporation for use for
the public good; and
(2) set a date, time, and place for a public hearing to consider the
transfer of the property to a nonprofit corporation.
(c) (b) Notice of the
list prepared property identified under
subsection
(b) (a) and the date, time, and place for the hearing on the
proposed transfer of the property on the list shall be published in
accordance with IC 5-3-1. The notice must include a description of the
property by:
(1) legal description; and
(2) parcel number or street address, or both.
The notice must specify that the county
commissioners executive will
accept applications submitted by nonprofit corporations as provided in
subsection
(f) (d) and hear any opposition to a proposed transfer.
(d) (c) After the hearing set under subsection
(b), (a), the county
commissioners executive shall by resolution make a final determination
concerning:
(1) the properties that are to be transferred to a nonprofit
corporation;
(2) the nonprofit corporation to which each property is to be
transferred; and
(3) the terms and conditions of the transfer.
(e) This subsection applies only to a county having a consolidated
city. The resolution of the county commissioners prepared under
subsection (d) shall be forwarded to the county executive for approval.
The county executive may remove any properties from the list of
properties to be transferred that is prepared under subsection (d). The
final list of properties to be transferred to nonprofit corporations shall
be approved by the county executive and returned to the county
commissioners.
(f) (d) To be eligible to receive property under this section, a
nonprofit corporation must file an application with the county
commissioners. executive. The application must state the property that
the corporation desires to acquire, the use to be made of the property,
and the time period anticipated for implementation of the use. The
application must be accompanied by documentation verifying the
nonprofit status of the corporation and be signed by an officer of the
corporation. If more than one (1) application for a single property is
filed, the county commissioners executive shall determine which
application is to be accepted based on the benefit to be provided to the
public and the neighborhood and the suitability of the stated use for the
property and the surrounding area.
(g) (e) After the hearing set under subsection (b) (a) and the final
determination of properties to be transferred under subsection (d) or (e),
(c), whichever is applicable, the county commissioners, executive, on
behalf of the county, shall cause all delinquent taxes, special
assessments, penalties, interest, and costs of sale to be removed from
the tax duplicate and the county auditor to prepare a deed transferring
the property to the nonprofit corporation. The deed shall provide for:
(1) the use to be made of the property;
(2) the time within which the use must be implemented and
maintained;
(3) any other term and conditions that are established by the
county commissioners; executive; and
(4) the reversion of the property to the county executive if the
grantee nonprofit corporation fails to comply with the terms and
conditions.
If the grantee nonprofit corporation fails to comply with the terms and
conditions of the transfer and title to the property reverts to the county
executive, the property may be retained by the county executive or
disposed of under any of the provisions of this chapter or IC 6-1.1-24,
or both.
SOURCE: IC 6-1.1-25-3; (06)CC110202.27. -->
SECTION 27. IC 6-1.1-25-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 3. (a) Except as
provided in subsection (b), when real property is redeemed and the
certificate of sale is surrendered to the county auditor, the auditor shall
issue a warrant to the
(1) purchaser or
(2) purchaser's assignee or
(3) purchaser of the certificate of sale under IC 6-1.1-24;
in an amount equal to the amount received by the county treasurer for
redemption.
(b) When real property sold under IC 6-1.1-24-6.1 is redeemed
and the certificate of sale is surrendered to the county auditor, the
auditor shall issue a warrant to the purchaser of the certificate of
sale or the purchaser's assignee in an amount equal to:
(1) the amount received by the county treasurer for
redemption; minus
(2) if the certificate of sale was sold for less than the minimum
bid under IC 6-1.1-24-5(e), an amount equal to the difference
between the minimum bid under IC 6-1.1-24-5(e) and the
amount for which the certificate was sold.
(c) The county auditor shall indorse the certificate and preserve it as
a public record. If a certificate of sale is lost and the auditor is satisfied
that the certificate did exist, the county auditor may make payment in
the manner provided in this section.
SOURCE: IC 6-1.1-25-4; (06)CC110202.28. -->
SECTION 28. IC 6-1.1-25-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 4. (a) The period
for redemption of real property sold under IC 6-1.1-24 is:
(1) one (1) year after the date of sale;
(2) one hundred twenty (120) days after the date of sale to a
purchasing agency qualified under IC 36-7-17;
or
(3) one hundred twenty (120) days after the date of sale of real
property on the list prepared under
IC 6-1.1-24-1(a)(2) or
IC 6-1.1-24-1.5.
or
(4) one hundred twenty (120) days after the date of sale under
IC 6-1.1-24-5.5(b).
(b) The period for redemption of real property:
(1) on which the county
executive acquires a lien under
IC 6-1.1-24-6; and
(2) for which the certificate of sale is not sold under
IC 6-1.1-24-6.1;
is one hundred twenty (120) days after the date the county
executive
acquires the lien under IC 6-1.1-24-6.
(c) The period for redemption of real property:
(1) on which the county
executive acquires a lien under
IC 6-1.1-24-6; and
(2) for which the certificate of sale is sold under IC 6-1.1-24;
is one hundred twenty (120) days after the date of sale of the certificate
of sale under IC 6-1.1-24.
(d) When a deed for real property is executed under this chapter, the
county auditor shall cancel the certificate of sale and file the canceled
certificate in the office of the county auditor. If real property that
appears on the list prepared under IC 6-1.1-24-1.5 is offered for sale
and an amount that is at least equal to the minimum sale price required
under IC 6-1.1-24-5(e) is not received, the county auditor shall issue a
deed to the real property,
in the manner provided in IC 6-1.1-24-6.5.
subject to this chapter.
(e) When a deed is issued to a county
executive under this chapter,
the taxes and special assessments for which the real property was
offered for sale, and all subsequent taxes, special assessments, interest,
penalties, and cost of sale shall be removed from the tax duplicate in the
same manner that taxes are removed by certificate of error.
(f) A tax deed executed under this chapter vests in the grantee an
estate in fee simple absolute, free and clear of all liens and
encumbrances created or suffered before or after the tax sale except
those liens granted priority under federal law and the lien of the state
or a political subdivision for taxes and special assessments which
accrue subsequent to the sale and which are not removed under
subsection (e). However, the estate is subject to:
(1) all easements, covenants, declarations, and other deed
restrictions shown by public records;
(2) laws, ordinances, and regulations concerning governmental
police powers, including zoning, building, land use, improvements
on the land, land division, and environmental protection; and
(3) liens and encumbrances created or suffered by the grantee.
(g) A tax deed executed under this chapter is prima facie evidence
of:
(1) the regularity of the sale of the real property described in the
deed;
(2) the regularity of all proper proceedings; and
(3) valid title in fee simple in the grantee of the deed.
(h) A county auditor is not required to execute a deed to the county
executive under this chapter if the county executive determines that the
property involved contains hazardous waste or another environmental
hazard for which the cost of abatement or alleviation will exceed the
fair market value of the property. The county executive may enter the
property to conduct environmental investigations.
(i) If the county executive makes the determination under subsection
(h) as to any interest in an oil or gas lease or separate mineral rights, the
county treasurer shall certify all delinquent taxes, interest, penalties,
and costs assessed under IC 6-1.1-24 to the clerk, following the
procedures in IC 6-1.1-23-9. After the date of the county treasurer's
certification, the certified amount is subject to collection as delinquent
personal property taxes under IC 6-1.1-23. Notwithstanding
IC 6-1.1-4-12.4 and IC 6-1.1-4-12.6, the assessed value of such an
interest shall be zero (0) until production commences.
(j) When a deed is issued to a purchaser of a certificate of sale sold
under IC 6-1.1-24-6.1, the county auditor shall, in the same manner that
taxes are removed by certificate of error, remove from the tax duplicate
the taxes, special assessments, interest, penalties, and costs remaining
due as the difference between the amount of the last minimum bid
under IC 6-1.1-24-5(e) and the amount paid for the certificate of sale.
SOURCE: IC 6-1.1-25-4.5; (06)CC110202.29. -->
SECTION 29. IC 6-1.1-25-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 4.5. (a) Except as
provided in subsection (d), a purchaser or the purchaser's assignee is
entitled to a tax deed to the property that was sold only if:
(1) the redemption period specified in section 4(a)(1) of this
chapter has expired;
(2) the property has not been redeemed within the period of
redemption specified in section 4(a) of this chapter; and
(3) not later than nine (9) months after the date of the sale:
(A) the purchaser or the purchaser's assignee; or
(B) in a county where the county auditor and county treasurer
have an agreement under section 4.7 of this chapter, the county
auditor;
gives notice of the sale to the owner of record at the time of the
sale and any person with a substantial property interest of public
record in the tract or real property.
(b) A county executive is entitled to a tax deed to property on which
the county executive acquires a lien under IC 6-1.1-24-6 and for which
the certificate of sale is not sold under IC 6-1.1-24-6.1 only if:
(1) the redemption period specified in section 4(b) of this chapter
has expired;
(2) the property has not been redeemed within the period of
redemption specified in section 4(b) of this chapter; and
(3) not later than ninety (90) days after the date the county
executive acquires the lien under IC 6-1.1-24-6, the county
auditor gives notice of the sale to:
(A) the owner of record at the time the lien was acquired; and
(B) any person with a substantial property interest of public
record in the tract or real property.
(c) A purchaser of a certificate of sale under IC 6-1.1-24-6.1 is
entitled to a tax deed to the property for which the certificate was sold
only if:
(1) the redemption period specified in section 4(c) of this chapter
has expired;
(2) the property has not been redeemed within the period of
redemption specified in section 4(c) of this chapter; and
(3) not later than ninety (90) days after the date of sale of the
certificate of sale under IC 6-1.1-24, the purchaser gives notice of
the sale to:
(A) the owner of record at the time of the sale; and
(B) any person with a substantial property interest of public
record in the tract or real property.
(d) A purchaser or the purchaser's assignee is entitled to a tax deed
to the property that was sold under IC 6-1.1-24-5.5(b) only if:
(1) the redemption period specified in section 4(a)(4) of this
chapter has expired;
(2) the property has not been redeemed within the period of
redemption specified in section 4(a)(4) of this chapter; and
(3) not later than ninety (90) days after the date of the sale, the
purchaser or the purchaser's assignee gives notice of the sale to:
(A) the owner of record at the time of the sale; and
(B) any person with a substantial property interest of public
record in the tract or real property.
(e) (d) The person required to give the notice under subsection (a),
(b), or (c) shall give the notice by sending a copy of the notice by
certified mail to:
(1) the owner of record at the time of the:
(A) sale of the property;
(B) acquisition of the lien on the property under IC 6-1.1-24-6;
or
(C) sale of the certificate of sale on the property under
IC 6-1.1-24;
at the last address of the owner for the property, as indicated in the
records of the county auditor; and
(2) any person with a substantial property interest of public record
at the address for the person included in the public record that
indicates the interest.
However, if the address of the person with a substantial property
interest of public record is not indicated in the public record that created
the interest and cannot be located by ordinary means by the person
required to give the notice under subsection (a), (b), or (c), the person
may give notice by publication in accordance with IC 5-3-1-4 once
each week for three (3) consecutive weeks.
(f) (e) The notice that this section requires shall contain at least the
following:
(1) A statement that a petition for a tax deed will be filed on or
after a specified date.
(2) The date on or after which the petitioner intends to petition for
a tax deed to be issued.
(3) A description of the tract or real property shown on the
certificate of sale.
(4) The date the tract or real property was sold at a tax sale.
(5) The name of the:
(A) purchaser or purchaser's assignee;
(B) county executive that acquired the lien on the property
under IC 6-1.1-24-6; or
(C) person that purchased the certificate of sale on the property
under IC 6-1.1-24.
(6) A statement that any person may redeem the tract or real
property.
(7) The components of the amount required to redeem the tract or
real property.
(8) A statement that an entity identified in subdivision (5) is
entitled to reimbursement for additional taxes or special
assessments on the tract or real property that were paid by the
entity subsequent to the tax sale, lien acquisition, or purchase of
the certificate of sale, and before redemption, plus interest.
(9) A statement that the tract or real property has not been
redeemed.
(10) A statement that an entity identified in subdivision (5) is
entitled to receive a deed for the tract or real property if it is not
redeemed before the expiration of the period of redemption
specified in section 4 of this chapter.
(11) A statement that an entity identified in subdivision (5) is
entitled to reimbursement for costs described in section 2(e) of
this chapter.
(12) The date of expiration of the period of redemption specified
in section 4 of this chapter.
(13) A statement that if the property is not redeemed, the owner
of record at the time the tax deed is issued may have a right to the
tax sale surplus, if any.
(14) The street address, if any, or a common description of the
tract or real property.
(15) The key number or parcel number of the tract or real
property.
(g) (f) The notice under this section must include not more than one
(1) tract or item of real property listed and sold in one (1) description.
However, when more than one (1) tract or item of real property is
owned by one (1) person, all of the tracts or real property that are
owned by that person may be included in one (1) notice.
(h) (g) A single notice under this section may be used to notify joint
owners of record at the last address of the joint owners for the property
sold, as indicated in the records of the county auditor.
(i) (h) The notice required by this section is considered sufficient if
the notice is mailed to the address required under subsection (e). (d).
(j) (i) The notice under this section and the notice under section 4.6
of this chapter are not required for persons in possession not shown in
the public records.
(k) (j) If the purchaser fails to:
(1) comply with subsection (c)(3); or
(2) petition for the issuance of a tax deed within the time
permitted under section 4.6(a) of this chapter;
the certificate of sale reverts to the county executive and may be
retained by the county executive or sold under IC 6-1.1-24-6.1.
SOURCE: IC 6-1.1-25-4.6; (06)CC110202.30. -->
SECTION 30. IC 6-1.1-25-4.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 4.6. (a) After the
expiration of the redemption period specified in section 4 of this chapter
but not later than six (6) months after the expiration of the period of
redemption:
(1) the purchaser, the purchaser's assignee, the county
executive,
or the purchaser of the certificate of sale under IC 6-1.1-24 may;
or
(2) in a county where the county auditor and county treasurer have
an agreement under section 4.7 of this chapter, the county auditor
shall, upon the request of the purchaser or the purchaser's
assignee;
file a verified petition in the same court and under the same cause
number in which the judgment of sale was entered asking the court to
direct the county auditor to issue a tax deed if the real property is not
redeemed from the sale. Notice of the filing of this petition shall be
given to the same parties and in the same manner as provided in section
4.5 of this chapter, except that, if notice is given by publication, only
one (1) publication is required. The notice required by this section is
considered sufficient if the notice is sent to the address required by
section 4.5(e) section 4.5(d) of this chapter. Any person owning or
having an interest in the tract or real property may file a written
objection to the petition with the court not later than thirty (30) days
after the date the petition was filed. If a written objection is timely filed,
the court shall conduct a hearing on the objection.
(b) Not later than sixty-one (61) days after the petition is filed under
subsection (a), the court shall enter an order directing the county
auditor (on the production of the certificate of sale and a copy of the
order) to issue to the petitioner a tax deed if the court finds that the
following conditions exist:
(1) The time of redemption has expired.
(2) The tract or real property has not been redeemed from the sale
before the expiration of the period of redemption specified in
section 4 of this chapter.
(3) Except with respect to a petition for the issuance of a tax deed
under a sale of the certificate of sale on the property under
IC 6-1.1-24-6.1, all taxes and special assessments, penalties, and
costs have been paid.
(4) The notices required by this section and section 4.5 of this
chapter have been given.
(5) The petitioner has complied with all the provisions of law
entitling the petitioner to a deed.
The county auditor shall execute deeds issued under this subsection in
the name of the state under the county auditor's name. If a certificate of
sale is lost before the execution of a deed, the county auditor shall issue
a replacement certificate if the county auditor is satisfied that the
original certificate existed.
(c) Upon application by the grantee of a valid tax deed in the same
court and under the same cause number in which the judgment of sale
was entered, the court shall enter an order to place the grantee of a valid
tax deed in possession of the real estate. The court may enter any orders
and grant any relief that is necessary or desirable to place or maintain
the grantee of a valid tax deed in possession of the real estate.
(d) Except as provided in subsections (e) and (f), if the court refuses
to enter an order directing the county auditor to execute and deliver the
tax deed because of the failure of the petitioner under subsection (a) to
fulfill the requirements of this section, the court shall order the return
of the purchase price minus a penalty of twenty-five percent (25%) of
the amount of the purchase price. Penalties paid under this subsection
shall be deposited in the county general fund.
(e) Notwithstanding subsection (d), in all cases in which:
(1) the petitioner under subsection (a) has made a bona fide
attempt to comply with the statutory requirements under
subsection (b) for the issuance of the tax deed but has failed to
comply with these requirements; and
(2) the court refuses to enter an order directing the county auditor
to execute and deliver the tax deed because of the failure to
comply with these requirements;
the county auditor shall not execute the deed but shall refund the
purchase money plus six percent (6%) interest per annum from the
county treasury to the purchaser, the purchaser's successors or
assignees, or the purchaser of the certificate of sale under IC 6-1.1-24.
The tract or item of real property, if it is then eligible for sale under
IC 6-1.1-24, shall be placed on the delinquent list as an initial offering
under IC 6-1.1-24-6.
(f) Notwithstanding subsections (d) and (e), the court shall not order
the return of the purchase price if:
(1) the purchaser or the purchaser of the certificate of sale under
IC 6-1.1-24 has failed to provide notice or has provided
insufficient notice as required by section 4.5 of this chapter; and
(2) the sale is otherwise valid.
(g) A tax deed executed under this section vests in the grantee an
estate in fee simple absolute, free and clear of all liens and
encumbrances created or suffered before or after the tax sale except
those liens granted priority under federal law, and the lien of the state
or a political subdivision for taxes and special assessments that accrue
subsequent to the sale. However, the estate is subject to all easements,
covenants, declarations, and other deed restrictions and laws governing
land use, including all zoning restrictions and liens and encumbrances
created or suffered by the purchaser at the tax sale. The deed is prima
facie evidence of:
(1) the regularity of the sale of the real property described in the
deed;
(2) the regularity of all proper proceedings; and
(3) valid title in fee simple in the grantee of the deed.
(h) A tax deed issued under this section is incontestable except by
appeal from the order of the court directing the county auditor to issue
the tax deed filed not later than sixty (60) days after the date of the
court's order.
SOURCE: IC 6-1.1-25-9; (06)CC110202.31. -->
SECTION 31. IC 6-1.1-25-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 9. (a) When a
county acquires title to real property under IC 6-1.1-24 and this chapter,
the county executive may dispose of the real property under IC 36-1-11
or subsection (e). The proceeds of any sale under IC 36-1-11 shall be
applied as follows:
(1) First, to the cost of the sale or offering for sale of the real
property, including the cost of:
(A) maintenance;
(B) preservation;
(C) administration of the property before the sale or offering
for sale of the property;
(D) unpaid costs of the sale or offering for sale of the property;
(E) preparation of the property for sale;
(F) advertising; and
(G) appraisal.
(2) Second, to any unrecovered cost of the sale or offering for sale
of other real property in the same taxing district acquired by the
county under IC 6-1.1-24 and this chapter, including the cost of:
(A) maintenance;
(B) preservation;
(C) administration of the property before the sale or offering
for sale of the property;
(D) unpaid costs of the sale or offering for sale of the property;
(E) preparation of the property for sale;
(F) advertising; and
(G) appraisal.
(3) Third, to the payment of the taxes on the real property that
were removed from the tax duplicate under section 4(c) of this
chapter.
(4) Fourth, any surplus remaining into the county general fund.
(b) The county auditor shall file a report with the board of
commissioners before January 31 of each year. The report must:
(1) list the real property acquired under IC 6-1.1-24 and this
chapter; and
(2) indicate if any person resides or conducts a business on the
property.
(c) The county auditor shall mail a notice by certified mail before
March 31 of each year to each person listed in subsection (b)(2). The
notice must state that the county has acquired title to the tract the
person occupies.
(d) If the county executive determines under IC 36-1-11 that any
real property so acquired under this section should be retained by the
county, then the county executive shall not dispose of the real property.
The county executive may repair, maintain, equip, alter, and construct
buildings upon the real property so retained in the same manner
prescribed for other county buildings.
(e) The county executive may transfer title to real property
described in subsection (a) to the redevelopment commission at no cost
to the commission for sale, or grant, or other disposition under
IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, or
IC 36-7-15.1-15.2, or IC 36-7-15.1-15.5.
(f) If the real property is located in a geographic area that is not
served by a redevelopment commission and the county executive
determines that any real property acquired under this section
should be held for later sale or transfer by the county executive, the
county executive shall wait until an appropriate time to dispose of
the real property. The county executive may do the following:
(1) Examine, classify, manage, protect, insure, and maintain
the property being held.
(2) Eliminate deficiencies (including environmental
deficiencies), carry out repairs, remove structures, make
improvements, and control the use of the property.
(3) Lease the property while it is being held.
The county executive may enter into contracts to carry out part or
all of the functions described in subdivisions (1) through (3).
SOURCE: IC 9-21-5-6; (06)CC110202.32. -->
SECTION 32. IC 9-21-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) Except as
provided in subsection (e), whenever a local authority in the authority's
jurisdiction determines
on the basis of an engineering and traffic
investigation that the maximum speed permitted under this chapter is
greater or less than reasonable and safe under the conditions found to
exist on a highway or part of a highway, the local authority may
determine and declare a reasonable and safe maximum limit on the
highway. The maximum limit declared under this section may do any
of the following:
(1) Decrease the limit within urban districts, but not to less than
twenty (20) miles per hour.
(2) Increase the limit within an urban district, but not to more than
fifty-five (55) miles per hour during daytime and fifty (50) miles
per hour during nighttime.
(3) Decrease the limit outside an urban district, but not to less than
thirty (30) miles per hour.
(4) Decrease the limit in an alley, but to not less than five (5)
miles per hour.
(5) Increase the limit in an alley, but to not more than thirty (30)
miles per hour.
The local authority must perform an engineering and traffic
investigation before a determination may be made to change a
speed limit under subdivision (2), (3), (4), or (5) or before the speed
limit within an urban district may be decreased to less than
twenty-five (25) miles per hour under subdivision (1).
(b) A local authority in the authority's jurisdiction shall determine
by an engineering and traffic investigation the proper maximum speed
for all local streets and shall declare a reasonable and safe maximum
speed permitted under this chapter for an urban district. However, an
engineering and traffic study is not required to be performed for
the local streets in an urban district under this subsection if the
local authority determines that the proper maximum speed in the
urban district is not less than twenty-five (25) miles per hour.
(c) An altered limit established under this section is effective at all
times or during hours of darkness or at other times as may be
determined when appropriate signs giving notice of the altered limit are
erected on the street or highway.
(d) Except as provided in this subsection, a local authority may not
alter a speed limit on a highway or extension of a highway in the state
highway system. A city or town may establish speed limits on state
highways upon which a school is located. However, a speed limit
established under this subsection is valid only if the following
conditions exist:
(1) The limit is not less than twenty (20) miles per hour.
(2) The limit is imposed only in the immediate vicinity of the
school.
(3) Children are present.
(4) The speed zone is properly signed.
(5) The Indiana department of transportation has been notified of
the limit imposed by certified mail.
(e) A local authority may decrease a limit on a street to not less than
fifteen (15) miles per hour if the following conditions exist:
(1) The street is located within a park or playground established
under IC 36-10.
(2) The:
(A) board established under IC 36-10-3;
(B) board established under IC 36-10-4; or
(C) park authority established under IC 36-10-5;
requests the local authority to decrease the limit.
(3) The speed zone is properly signed.
SOURCE: IC 12-19-7-32; (06)CC110202.33. -->
SECTION 33. IC 12-19-7-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 32. The serial bonds
issued under section 31 of this chapter:
(1) may be of any denomination that is:
(A) not less than fifty dollars ($50); and
(B) not more than one thousand dollars ($1,000);
(2) shall be payable:
(A) at any place named on the serial bonds; and
(B) at any time not later than fifteen (15) years after the date of
the serial bonds;
(3) may bear any rate of interest, payable annually or
semiannually;
(4) shall be sold at not less than the par value of the bonds; and
(5) shall be sold in the manner provided for the sale of bonds
issued under IC 12-20-23 (before its repeal).
SOURCE: IC 12-19-7.5-31; (06)CC110202.34. -->
SECTION 34. IC 12-19-7.5-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 31. The serial bonds
issued under section 30 of this chapter:
(1) may be of any denomination that is:
(A) not less than fifty dollars ($50); and
(B) not more than one thousand dollars ($1,000);
(2) shall be payable:
(A) at any place named on the serial bonds; and
(B) at any time not later than fifteen (15) years after the date of
the serial bonds;
(3) may bear any rate of interest, payable annually or
semiannually;
(4) shall be sold at not less than the par value of the bonds; and
(5) shall be sold in the manner provided for the sale of bonds
issued under IC 12-20-23 (before its repeal).
SOURCE: IC 12-20-21-2; (06)CC110202.35. -->
SECTION 35. IC 12-20-21-2, AS AMENDED BY P.L.73-2005,
SECTION 94, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 2. Money raised by tax levies made
specifically for township assistance purposes, either by a county or
township, may not be considered as a part of and may not be
commingled with other money of the county. Township assistance
money raised by townships may not be commingled. except for the
money resulting from levies made by the townships for reimbursement
of the counties for advancements from the general fund.
SOURCE: IC 12-20-24-1; (06)CC110202.36. -->
SECTION 36. IC 12-20-24-1, AS AMENDED BY P.L.73-2005,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 1. (a) In addition to the other
methods of township assistance financing provided by this article, if a
township trustee for a township determines that a particular township's
township assistance account will be exhausted before the end of a fiscal
year, the township trustee shall notify the township board of that
determination.
(b) After receiving notice under subsection (a) that a township's
township assistance account will be exhausted before the end of a fiscal
year, the township board shall appeal to the department of local
government finance for the right to borrow money on a short term
basis to fund township assistance services in the township. In the appeal
the township board must do the following:
(1) Show that the amount of money contained in the township
assistance account will not be sufficient to fund services required
to be provided within the township by this article.
(2) Show the amount of money that the board estimates will be
needed to fund the deficit.
(3) Indicate a period, not to exceed five (5) years, during which
the township would repay the loan.
SOURCE: IC 12-20-24-5; (06)CC110202.37. -->
SECTION 37. IC 12-20-24-5, AS AMENDED BY P.L.73-2005,
SECTION 111, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 5. (a) If upon appeal under
section
4 section 1 of this chapter the department determines that a township
board should be allowed to borrow money under this chapter, the
department shall order the township trustee to borrow the money from
a financial institution on behalf of the township board and to deposit the
money borrowed in the township's township assistance account.
(b) If upon appeal under section 4 section 1 of this chapter the
department determines that the township board should not be allowed
to borrow money, the board may not do so for that year.
SOURCE: IC 12-20-24-6; (06)CC110202.38. -->
SECTION 38. IC 12-20-24-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. If a loan is approved
under IC 12-2-4.5 (before its repeal) or this chapter, the board of
commissioners or county council (for a loan approved by the board
of commissioners or county council before July 1, 2006) or the
department shall determine the period during which the township shall
repay the loan. However, the period may not exceed five (5) years.
SOURCE: IC 12-20-24-7; (06)CC110202.39. -->
SECTION 39. IC 12-20-24-7, AS AMENDED BY P.L.73-2005,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 7. A board of commissioners or a
county council (for a loan approved by the board of commissioners
or county council before July 1, 2006) or the department may not do
any of the following:
(1) Approve a request to borrow money made under IC 12-2-4.5
(before its repeal) or this chapter unless the body determines that
the township's township assistance account will be exhausted
before the account can fund all township obligations incurred
under this article.
(2) Recommend or approve a loan that will exceed the estimated
amount of the deficit.
SOURCE: IC 12-20-24-8; (06)CC110202.40. -->
SECTION 40. IC 12-20-24-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) If a township
board:
(1) appeals before August 1 for permission to borrow money;
(2) receives permission from:
(A) the board of commissioners
or the county council,
before
July 1, 2006; or
(B) the department;
to borrow money before November 1 of that year; and
(3) borrows money under this chapter;
the township board shall levy a property tax beginning in the next
succeeding year and continuing for the term of the loan in an amount
each year that will be sufficient to pay the principal and interest due on
the loan for the year.
(b) If a township board:
(1) appeals after August 1 for permission to borrow money;
(2) receives permission from:
(A) the board of commissioners
or the county council,
before
July 1, 2006; or
(B) the department;
to borrow money; and
(3) borrows money in the year of the appeal under this chapter;
the township board shall levy a property tax beginning in the second
succeeding year and continuing for the term of the loan in an amount
each year that will be sufficient to pay the principal and interest due on
the loan for the year.
(c) The property taxes levied under this section shall be retained by
the township trustee and applied by the township trustee to retire the
debt.
SOURCE: IC 12-20-25-30; (06)CC110202.41. -->
SECTION 41. IC 12-20-25-30, AS AMENDED BY P.L.73-2005,
SECTION 131, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 30. (a) The control board shall
supervise the township trustee in the administration of township
assistance. The control board may appoint one (1) of the board's
members to monitor the trustee's compliance with this chapter and to
report discrepancies to the control board. The control board may require
the board's approval of an expenditure of more than five hundred
dollars ($500).
(b) Notwithstanding IC 36-6-6-11, the control board shall review
and may reduce or increase the township's budget and proposed tax
levy to be advertised by the county auditor. If the control board finds
that there will be insufficient revenues available under this chapter for
the township to pay valid township assistance claims, the control board
may consent to proposed borrowing for township assistance under
IC 12-20-23 or IC 12-20-24.
(c) The control board may approve the number, pay, and duties of
employees who are employed for the distribution and administration of
the distressed township's township assistance program.
(d) The control board may require the township trustee to submit
reports on the amounts of township assistance by categories, including
the types of goods or services furnished and the vendors who supplied
the goods or services.
(e) The control board:
(1) shall operate the employment program implemented by the
management committee under section 15(a)(5) of this chapter; and
(2) may require that a township assistance recipient participate in
a training program under IC 12-20-12-1.
(f) The control board shall establish income eligibility standards for
township assistance, subject to the requirements of section 18 of this
chapter.
SOURCE: IC 12-20-25-40; (06)CC110202.42. -->
SECTION 42. IC 12-20-25-40, AS AMENDED BY P.L.73-2005,
SECTION 138, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 40. The county treasurer shall
deposit the disbursements from the treasurer of state in a county fund
to be known as the county income tax township assistance control fund.
Notwithstanding IC 6-3.5-1.1, IC 6-3.5-6, and IC 6-1.1-18.5, the county
treasurer shall disburse the money in the fund in the following priority:
(1) To ensure the payment within thirty (30) days of all valid
township assistance claims in the distressed township that are not
covered by subdivision (3).
(2) At the end of each calendar year, to redeem any outstanding
bonds issued or repay loans incurred by the county for poor relief
or township assistance purposes under IC 12-2-4.5 (before its
repeal), IC 12-2-5 (before its repeal), IC 12-20-23
(before its
repeal), or IC 12-20-24 to the extent the proceeds of the bonds or
loans were advanced to the distressed township.
(3) To pay claims approved under section 27 or 28 of this chapter
(or IC 12-2-14-22 or IC 12-2-14-23 before their repeal).
(4) As provided in IC 6-3.5-6 if the county option income tax is
imposed under this chapter. If the county adjusted gross income
tax is imposed under this chapter, to provide property tax
replacement credits for each civil taxing unit and school
corporation in the county as provided in IC 6-3.5-1.1. No part of
the county adjusted gross income tax revenue is considered a
certified share of a governmental unit as provided in
IC 6-3.5-1.1-15. In addition, the county adjusted gross income tax
revenue (except for the county adjusted gross income tax revenues
that are to be treated as property tax replacements under this
subdivision) is in addition to and not a part of the revenue of the
township for purposes of determining the township's maximum
permissible property tax levy under IC 6-1.1-18.5.
SOURCE: IC 12-20-25-42; (06)CC110202.43. -->
SECTION 43. IC 12-20-25-42, AS AMENDED BY P.L.73-2005,
SECTION 140, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 42. (a) This section applies to a
township that was certified a distressed township before January 1,
1988.
(b) The controlled status of the distressed township is terminated on
July 1, 1989, if the department finds that the following conditions exist:
(1) All valid township assistance claims in the distressed
township, including the claims approved under IC 12-2-14-22
(before its repeal), IC 12-2-14-23 (before its repeal), or section 27
or 28 of this chapter, have been paid, except for the following:
(A) Claims under litigation before the date of the board's
finding.
(B) Obligations owed to other political subdivisions.
(2) The township has no bonds outstanding that were issued to
pay for township assistance in the distressed township.
(c) Notwithstanding section 4(2) of this chapter, if a township that
has had the township's distressed status terminated under subsection (b)
uses advances from the county from proceeds of bonds issued under
IC 12-2-1 (before its repeal) or this article to pay township assistance
claims more than one (1) time in the five (5) years following the
termination of the township's distressed status, the township must have
the township's civil and township assistance budgets reviewed and
approved by the county fiscal body in each year that a tax is levied
against the property in the township to repay the advances. The
decision of the county fiscal body may be appealed to the department.
(d) Notwithstanding IC 12-2-5-6 (before its repeal), IC 12-2-5-8
(before its repeal), IC 12-20-23-15
(before its repeal), and
IC 12-20-23-19
(before its repeal), the aggregate principal amount of
any outstanding debt that is incurred to pay township assistance claims
during the five (5) years following the termination of the township's
distressed status under subsection (b) and that is in excess of one-tenth
percent (0.1%) of the adjusted valued of taxable property in the
township as determined under IC 36-1-15 is the direct general
obligation of the county.
SOURCE: IC 33-36-2-3; (06)CC110202.44. -->
SECTION 44. IC 33-36-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. The violations clerk
may accept:
(1) written appearances;
(2) waivers of trial;
(3) admissions of violations; and
(4) payment of civil penalties of up to a specific dollar amount
set forth in an ordinance adopted by the legislative body, but
not more than one two hundred fifty dollars ($100); ($250);
in ordinance violation cases, subject to the schedule prescribed under
IC 33-36-3 by the legislative body.
SOURCE: IC 36-1-7-11.5; (06)CC110202.45. -->
SECTION 45. IC 36-1-7-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 11.5. (a) As used in this section,
"economic development project" has the meaning set forth in
IC 6-3.5-7-13.1(c). The term also includes any project related to
transportation services, transportation infrastructure, or the
development or construction of a hotel or other tourism
destination.
(b) An entity entering into an agreement under this chapter that
is related to an economic development project may do any of the
following to carry out the agreement:
(1) After appropriation by the entity's fiscal body, transfer
money derived from any source to any of the following:
(A) One (1) or more entities that have entered into the
agreement.
(B) An economic development entity (as defined in section
15 of this chapter) established by an entity that has entered
into the agreement.
(C) A regional development authority, including the
northwest Indiana regional development authority
established by IC 36-7.5-2-1.
(D) A regional transportation authority including the
regional bus authority established under IC 36-9-3-2(c).
(2) Transfer any property or provide personnel, services, or
facilities to any entity or authority described in subdivision
(1)(A) through (1)(D).
SOURCE: IC 36-1-8-5; (06)CC110202.46. -->
SECTION 46. IC 36-1-8-5, AS AMENDED BY P.L.73-2005,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) This section applies to all
funds raised by a general or special tax levy on all the taxable property
of a political subdivision.
(b) Whenever the purposes of a tax levy have been fulfilled and an
unused and unencumbered balance remains in the fund, the fiscal body
of the political subdivision shall order the balance of that fund to be
transferred as follows, unless a statute provides that it be transferred
otherwise:
(1) Funds of a county, to the general fund or rainy day fund of the
county, as provided in section 5.1 of this chapter.
(2) Funds of a municipality, to the general fund or rainy day fund
of the municipality, as provided in section 5.1 of this chapter.
(3) Funds of a township for redemption of township assistance
obligations, to the township assistance fund of the township or
rainy day fund of the township, as provided in section 5.1 of this
chapter.
(4) Funds of any other political subdivision, to the general fund or
rainy day fund of the political subdivision, as provided in section
5.1 of this chapter. However, if the political subdivision is
dissolved or does not have a general fund or rainy day fund, then
to the general fund of each of the units located in the political
subdivision in the same proportion that the assessed valuation of
the unit bears to the total assessed valuation of the political
subdivision.
(c) Whenever an unused and unencumbered balance remains in the
civil township fund of a township and a current tax levy for the fund is
not needed, the township fiscal body may order any part of the balance
of that fund transferred to the debt service fund of the school
corporation located in or partly in the township; but if more than one
(1) school corporation is located in or partly in the township, then any
sum transferred shall be transferred to the debt service fund of each of
those school corporations in the same proportion that the part of the
assessed valuation of the school corporation in the township bears to
the total assessed valuation of the township.
(d) Transfers to a political subdivision's rainy day fund must may be
made after the last day of at any time during the political subdivision's
fiscal year. and before March 1 of the subsequent calendar year.
SOURCE: IC 36-1-8-16; (06)CC110202.47. -->
SECTION 47. IC 36-1-8-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 16. (a) If a county executive disposes of real
property, the property taxes collected for each item of the real
property in the first year the item of real property is subject to
taxation after the year the real property is sold or otherwise
conveyed shall be disbursed to the county executive that sold or
otherwise conveyed the item of real property.
(b) Disbursements to the county executive under subsection (a)
shall be deposited into the county general fund, the redevelopment
fund, the unsafe building fund, or the housing trust fund and shall
be used only for one (1) or more of the purposes authorized under
IC 36-7-14-22.5 or IC 36-7-15.1-15.5.
(c) The county executive shall forward a copy of each resolution
that disposes or otherwise conveys real property to the county
auditor.
(d) The disbursement of property taxes under subsection (a)
shall terminate in the second year the item of real property is
subject to taxation after the property is sold or otherwise conveyed.
SOURCE: IC 36-1-12-4; (06)CC110202.48. -->
SECTION 48. IC 36-1-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) This section
applies whenever the cost of a public work project will be:
(1) at least seventy-five thousand dollars ($75,000) in:
(A) a consolidated city or second class city;
(B) a county containing a consolidated city or second class
city; or
(C) a regional water or sewage district established under
IC 13-26; or
(2) at least fifty thousand dollars ($50,000) in:
(A) a third class city or town with a population of more than
five thousand (5,000); or
(B) a county containing a third class city or town with a
population of more than five thousand (5,000); or
(3) (2) at least twenty-five fifty thousand dollars ($25,000)
($50,000) in a political subdivision or an agency not described in
subdivision (1). or (2).
(b) The board must comply with the following procedure:
(1) The board shall prepare general plans and specifications
describing the kind of public work required, but shall avoid
specifications which might unduly limit competition. If the project
involves the resurfacing (as defined by IC 8-14-2-1) of a road,
street, or bridge, the specifications must show how the weight or
volume of the materials will be accurately measured and verified.
(2) The board shall file the plans and specifications in a place
reasonably accessible to the public, which shall be specified in the
notice required by subdivision (3).
(3) Upon the filing of the plans and specifications, the board shall
publish notice in accordance with IC 5-3-1 calling for sealed
proposals for the public work needed.
(4) The notice must specify the place where the plans and
specifications are on file and the date fixed for receiving bids.
(5) The period of time between the date of the first publication and
the date of receiving bids shall be governed by the size of the
contemplated project in the discretion of the board, but it may not
be more than six (6) weeks.
(6) If the cost of a project is one hundred thousand dollars
($100,000) or more, the board shall require the bidder to submit
a financial statement, a statement of experience, a proposed plan
or plans for performing the public work, and the equipment that
the bidder has available for the performance of the public work.
The statement shall be submitted on forms prescribed by the state
board of accounts.
(7) The board may not require a bidder to submit a bid before the
meeting at which bids are to be received. The meeting for
receiving bids must be open to the public. All bids received shall
be opened publicly and read aloud at the time and place
designated and not before.
(8) Except as provided in subsection (c), the board shall:
(A) award the contract for public work or improvements to the
lowest responsible and responsive bidder; or
(B) reject all bids submitted.
(9) If the board awards the contract to a bidder other than the
lowest bidder, the board must state in the minutes or memoranda,
at the time the award is made, the factors used to determine which
bidder is the lowest responsible and responsive bidder and to
justify the award. The board shall keep a copy of the minutes or
memoranda available for public inspection.
(10) In determining whether a bidder is responsive, the board may
consider the following factors:
(A) Whether the bidder has submitted a bid or quote that
conforms in all material respects to the specifications.
(B) Whether the bidder has submitted a bid that complies
specifically with the invitation to bid and the instructions to
bidders.
(C) Whether the bidder has complied with all applicable
statutes, ordinances, resolutions, or rules pertaining to the
award of a public contract.
(11) In determining whether a bidder is a responsible bidder, the
board may consider the following factors:
(A) The ability and capacity of the bidder to perform the work.
(B) The integrity, character, and reputation of the bidder.
(C) The competence and experience of the bidder.
(12) The board shall require the bidder to submit an affidavit:
(A) that the bidder has not entered into a combination or
agreement:
(i) relative to the price to be bid by a person;
(ii) to prevent a person from bidding; or
(iii) to induce a person to refrain from bidding; and
(B) that the bidder's bid is made without reference to any other
bid.
(c) Notwithstanding subsection (b)(8), a county may award sand,
gravel, asphalt paving materials, or crushed stone contracts to more
than one (1) responsible and responsive bidder if the specifications
allow for bids to be based upon service to specific geographic areas and
the contracts are awarded by geographic area. The geographic areas do
not need to be described in the specifications.
SOURCE: IC 36-1-12-4.7; (06)CC110202.49. -->
SECTION 49. IC 36-1-12-4.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4.7. (a) This section
applies whenever a public work project is estimated to cost:
(1) at least twenty-five thousand dollars ($25,000) and less than
seventy-five thousand dollars ($75,000) in:
(A) a consolidated city or second class city;
(B) a county containing a consolidated city or second class
city; or
(C) a regional water or sewage district established under
IC 13-26; or
(2) at least twenty-five thousand dollars ($25,000) and less than
fifty thousand dollars ($50,000) in (
A) a third class city or town
with a population of more than five thousand (5,000); or (B) a
county containing a third class city or town with a population of
more than five thousand (5,000); a political subdivision or
agency not described in subdivision (1).
(b) The board must proceed under the following provisions:
(1) The board shall invite quotes from at least three (3) persons
known to deal in the class of work proposed to be done by mailing
them a notice stating that plans and specifications are on file in a
specified office. The notice must be mailed not less than seven (7)
days before the time fixed for receiving quotes.
(2) The board may not require a person to submit a quote before
the meeting at which quotes are to be received. The meeting for
receiving quotes must be open to the public. All quotes received
shall be opened publicly and read aloud at the time and place
designated and not before.
(3) The board shall award the contract for the public work to the
lowest responsible and responsive quoter.
(4) The board may reject all quotes submitted.
SOURCE: IC 36-2-7-10; (06)CC110202.50. -->
SECTION 50. IC 36-2-7-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. (a) The county
recorder shall tax and collect the fees prescribed by this section for
recording, filing, copying, and other services the recorder renders, and
shall pay them into the county treasury at the end of each calendar
month. The fees prescribed and collected under this section supersede
all other recording fees required by law to be charged for services
rendered by the county recorder.
(b) The county recorder shall charge the following:
(1) Six dollars ($6) for the first page and two dollars ($2) for each
additional page of any document the recorder records if the pages
are not larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(2) Fifteen dollars ($15) for the first page and five dollars ($5) for
each additional page of any document the recorder records, if the
pages are larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(3) For attesting to the release, partial release, or assignment of
any mortgage, judgment, lien, or oil and gas lease contained on a
multiple transaction document, the fee for each transaction after
the first is the amount provided in subdivision (1) plus the amount
provided in subdivision (4) and one dollar ($1) for marginal
mortgage assignments or marginal mortgage releases.
(4) One dollar ($1) for each cross-reference of a recorded
document.
(5) One dollar ($1) per page not larger than eight and one-half
(8 1/2) inches by fourteen (14) inches for furnishing copies of
records
produced by a photographic process, and two dollars ($2)
per page that is larger than eight and one-half (8 1/2) inches by
fourteen (14) inches.
(6) Five dollars ($5) for acknowledging or certifying to a
document.
(7) Five dollars ($5) for each deed the recorder records, in
addition to other fees for deeds, for the county surveyor's corner
perpetuation fund for use as provided in IC 32-19-4-3 or
IC 36-2-12-11(e).
(8) A fee in an amount authorized under IC 5-14-3-8 for
transmitting a copy of a document by facsimile machine.
(9) A fee in an amount authorized by an ordinance adopted by the
county legislative body for duplicating a computer tape, a
computer disk, an optical disk, microfilm, or similar media. This
fee may not cover making a handwritten copy or a photocopy or
using xerography or a duplicating machine.
(10) A supplemental fee of three dollars ($3) for recording a
document that is paid at the time of recording. The fee under this
subdivision is in addition to other fees provided by law for
recording a document.
(11) Three dollars ($3) for each mortgage on real estate recorded,
in addition to other fees required by this section, distributed as
follows:
(A) Fifty cents ($0.50) is to be deposited in the recorder's
record perpetuation fund.
(B) Two dollars and fifty cents ($2.50) is to be distributed to
the auditor of state on or before June 20 and December 20 of
each year as provided in IC 24-9-9-3.
(c) The county treasurer shall establish a recorder's records
perpetuation fund. All revenue received under subsection (b)(5), (b)(8),
(b)(9), and (b)(10), and fifty cents ($0.50) from revenue received under
subsection (b)(11), shall be deposited in this fund. The county recorder
may use any money in this fund without appropriation for the
preservation of records and the improvement of record keeping systems
and equipment.
(d) As used in this section, "record" or "recording" includes the
functions of recording, filing, and filing for record.
(e) The county recorder shall post the fees set forth in subsection (b)
in a prominent place within the county recorder's office where the fee
schedule will be readily accessible to the public.
(f) The county recorder may not tax or collect any fee for:
(1) recording an official bond of a public officer, a deputy, an
appointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-17-2-3.
(E) IC 10-17-3-2.
(F) IC 12-14-13.
(G) IC 12-14-16.
(g) The state and its agencies and instrumentalities are required to
pay the recording fees and charges that this section prescribes.
SOURCE: IC 36-4-6-4; (06)CC110202.51. -->
SECTION 51. IC 36-4-6-4, AS AMENDED BY P.L.230-2005,
SECTION 86, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) This section applies to
third class cities, except as provided by section 5 of this chapter.
(b) This subsection does not apply to a city with an ordinance
described by subsection (j)
or (m). The legislative body shall adopt an
ordinance to divide the city into five (5) districts that:
(1) are composed of contiguous territory, except for territory that
is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a
precinct boundary line if:
(1) more than one (1) member of the legislative body elected from
the districts established under subsection (b),
or (j),
or (m) resides
in one (1) precinct established under IC 3-11-1.5 after the most
recent municipal election; and
(2) following the establishment of a legislative body district
whose boundary crosses a precinct boundary line, not more than
one (1) member of the legislative body elected from the districts
resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a
precinct line if the districts would not otherwise contain, as nearly as is
possible, equal population.
(e) A city legislative body district with a boundary described by
subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that
the census block has no population, and is not likely to ever have
population.
(f) The legislative body may not adopt an ordinance dividing the city
into districts with boundaries described by subsection (c) or (d) unless
the clerk of the city mails a written notice to the circuit court clerk. The
notice must:
(1) state that the legislative body is considering the adoption of an
ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative
body adopts the ordinance.
(g) The division under subsection (b),
or (j),
or (m) shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to IC 3-11-1.5-32.
(h) This subsection does not apply to a city with an ordinance
described by subsection (j)
or (m). The legislative body is composed
of five (5) members elected from the districts established under
subsection (b) and two (2) at-large members.
(i) This subsection does not apply to a city with an ordinance
described by subsection (j)
or (m). Each voter of the city may vote for
two (2) candidates for at-large membership and one (1) candidate from
the district in which the voter resides. The two (2) at-large candidates
receiving the most votes from the whole city and the district candidates
receiving the most votes from their respective districts are elected to the
legislative body.
(j) A city may adopt an ordinance under this subsection to divide the
city into four (4) districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(k) This subsection applies to a city with an ordinance described by
subsection (j). The legislative body is composed of four (4) members
elected from the districts established under subsection (j) and three (3)
at-large members.
(l) This subsection applies to a city with an ordinance described by
subsection (j). Each voter of the city may vote for three (3) candidates
for at-large membership and one (1) candidate from the district in
which the voter resides. The three (3) at-large candidates receiving the
most votes from the whole city and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(m) This subsection applies only if the ordinance adopted under
IC 36-4-1.5-3 by the town legislative body of a town that has a
population of less than ten thousand (10,000) and that becomes a
city specifies that the city legislative body districts are governed by
this subsection. The ordinance adopted under IC 36-4-1.5-3(b)(1)
dividing the town into city legislative body districts may provide
that:
(1) the city shall be divided into three (3) districts that:
(A) are composed of contiguous territory;
(B) are reasonably compact;
(C) do not cross precinct boundary lines, except as
provided in subsection (c) or (d); and
(D) contain, as nearly as is possible, equal population; and
(2) the legislative body of the city is composed of three (3)
members elected from the districts established under this
subsection and two (2) at-large members.
Each voter of the city may vote for two (2) candidates for at-large
membership and one (1) candidate from the district in which the
voter resides. The two (2) at-large candidates receiving the most
votes from the whole city and the district candidates receiving the
most votes from their respective districts are elected to the
legislative body.
(m) (n) A copy of the ordinance establishing districts under this
section must be filed with the circuit court clerk of the county that
contains the greatest population of the city no later than thirty (30) days
after the ordinance is adopted.
(n) (o) If any territory in the city is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(o) (p) If any territory in the city is included in more than one (1) of
the districts established under this section, the territory is included in
the district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
SOURCE: IC 36-4-6-7; (06)CC110202.52. -->
SECTION 52. IC 36-4-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) The legislative
body shall hold its first regular meeting in its chamber at 7:30 p.m. on
the first Monday in January after its election. In subsequent months, the
legislative body shall hold regular meetings at least once a month,
unless its rules require more frequent meetings.
(b) A special meeting of the legislative body shall be held when
called by the city executive or when called under the rules of the
legislative body.
SOURCE: IC 36-4-6-8; (06)CC110202.53. -->
SECTION 53. IC 36-4-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) This subsection
applies only to second class cities. At its first regular meeting under
section 7 of this chapter, and on the first Monday of each succeeding
January, the legislative body shall choose from its members a president
and a vice president.
(b) This subsection applies only to third class cities. The city
executive shall preside at all meetings of the legislative body, but may
vote only in order to break a tie. At its first regular meeting under
section 7 of this chapter and on the first Monday of each succeeding
January, the legislative body shall choose from its members a president
pro tempore to preside whenever the executive is absent.
SOURCE: IC 36-4-7-3; (06)CC110202.54. -->
SECTION 54. IC 36-4-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) This section does
not apply to compensation paid by a city to members of its police and
fire departments.
(b) Subject to the approval of the city legislative body, the city
executive shall fix the compensation of each appointive officer, deputy,
and other employee of the city. The legislative body may reduce but
may not increase any compensation fixed by the executive.
Compensation must be fixed under this section before
(1) September 20 for a third class city; and
(2) September 30 for a second class city;
not later than September 30 of each year for the ensuing budget year.
(c) Compensation fixed under this section may not be increased or
decreased by the executive during the budget year for which it is
fixed. but may be reduced by the executive.
(d) Notwithstanding subsection (b), the city clerk may, with the
approval of the legislative body, fix the salaries of deputies and
employees appointed under IC 36-4-11-4.
SOURCE: IC 36-4-7-11; (06)CC110202.55. -->
SECTION 55. IC 36-4-7-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. If the city
legislative body does not pass the ordinances ordinance required by
section 7 of this chapter on or before
(1) September 20 for a third class city; and
(2) September 30 for a second class city;
before October 1 of each year, the most recent annual appropriations
and annual tax levy are continued for the ensuing budget year.
SOURCE: IC 36-6-6-10; (06)CC110202.56. -->
SECTION 56. IC 36-6-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. (a) This section
does not apply to the appropriation of money to pay a deputy, an
employee, or a technical adviser that assists a township assessor with
assessment duties or to an elected township assessor.
(b) The township legislative body shall fix the:
(1) salaries;
(2) wages;
(3) rates of hourly pay; and
(4) remuneration other than statutory allowances;
of all officers and employees of the township.
(c) Subject to subsection (d), the township legislative body may
reduce the salary of an elected or appointed official. However, except
as provided in subsection (i), the official is entitled to a salary that is
not less than the salary fixed for the first year of the term of office that
immediately preceded the current term of office.
(d) Except as provided in subsection subsections (e) and (i), the
township legislative body may not alter the salaries of elected or
appointed officers during the fiscal year for which they are fixed, but
it may add or eliminate any other position and change the salary of any
other employee, if the necessary funds and appropriations are available.
(e) In a township that does not elect a township assessor under
IC 36-6-5-1, the township legislative body may appropriate available
township funds to supplement the salaries of elected or appointed
officers to compensate them for performing assessing duties. However,
in any calendar year no officer or employee may receive a salary and
additional salary supplements which exceed the salary fixed for that
officer or employee under subsection (b).
(f) If a change in the mileage allowance paid to state officers and
employees is established by July 1 of any year, that change shall be
included in the compensation fixed for the township executive and
assessor under this section, to take effect January 1 of the next year.
However, the township legislative body may by ordinance provide for
the change in the sum per mile to take effect before January 1 of the
next year.
(g) The township legislative body may not reduce the salary of the
township executive without the consent of the township executive
during the term of office of the township executive as set forth in
IC 36-6-4-2.
(h) This subsection applies when a township executive dies or
resigns from office. The person filling the vacancy of the township
executive shall receive at least the same salary the previous township
executive received for the remainder of the unexpired term of office of
the township executive (as set forth in IC 36-6-4-2), unless the person
consents to a reduction in salary.
(i) In a year in which there is not an election of members to the
township legislative body, the township legislative body may by
unanimous vote reduce the salaries of the members of the township
legislative body by any amount.
SOURCE: IC 36-7-7.6-4; (06)CC110202.57. -->
SECTION 57. IC 36-7-7.6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) The following
members shall be appointed to the commission:
(1) A member of the county executive of each county described
in section 1 of this chapter, to be appointed by the county
executive.
(2) A member of the county fiscal body of each county described
in section 1 of this chapter, to be appointed by the county fiscal
body.
(3) The county surveyor of each county described in section 1 of
this chapter.
(4) For a county having a population of not more than four
hundred thousand (400,000), one (1) person appointed by the
executive of each of the eleven (11) largest municipalities.
(5) For a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000), one (1) person appointed by the executive of each of
the nineteen (19) largest municipalities.
(6) Beginning July 1, 2007, one (1) person appointed by the
trustee of each township that:
(A) is located in a county described in section 1 of this
chapter;
(B) has a population of at least eight thousand (8,000); and
(C) does not contain a municipality.
(b) One (1) voting member of the commission shall be appointed by
the governor. The member appointed under this subsection may not
vote in a weighted vote under section 9 of this chapter.
(c) A member of the commission who is a county surveyor may not
vote in a weighted vote under section 9 of this chapter.
SOURCE: IC 36-7-7.6-9; (06)CC110202.58. -->
SECTION 58. IC 36-7-7.6-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a)
Twenty-six (26)
A majority of the commission members constitute a quorum.
(b) An action of the commission is official only if both the following
apply:
(1) The action is authorized at a regular meeting or a properly
called special meeting in which at least one (1) member from each
county described in section 1 of this chapter is present.
(2) The action is authorized by:
(A) the affirmative votes of
twenty-six (26) a majority of the
members of the commission; or
(B) a weighted affirmative vote of more than fifty (50) if a
motion is made under subsection (c).
(c) The weighted voting authorized under this chapter may not be
used after June 30, 2007. Upon a motion by any one (1) member of the
commission that is properly seconded by another member at:
(1) a regular meeting; or
(2) a properly called special meeting;
the commission shall use the weighted voting process described in
subsection (d).
(d) Until June 30, 2007, each commission member has a weighted
vote determined as follows:
(1) In the case of a member appointed by the executive of a
municipality, the member's weighted vote is determined in STEP
FIVE of the following formula:
STEP ONE: Determine the population of the municipality as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP THREE
to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP FOUR
by one hundred (100).
(2) In the case of a member appointed by the executive of a
county, the member's weighted vote is determined in STEP FIVE
of the following formula:
STEP ONE: Determine the population of the area in the county
that is not within a municipality and is not within a township
described in section 4(a)(6) of this chapter as reported by the
2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP THREE
to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP FOUR
by fifty (50).
(3) In the case of a member appointed by a fiscal body, the
member's weighted vote is determined in STEP FIVE of the
following formula:
STEP ONE: Determine the population of the area in the county
that is not within a municipality and is not within a township
described in section 4(a)(6) of this chapter as reported by the
2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP THREE
to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP FOUR
by fifty (50).
(4) In the case of a member appointed by the trustee of a
township under section 4(a)(6) of this chapter, the member's
weighted vote is determined in STEP FIVE of the following
formula:
STEP ONE: Determine the population of the township as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported
by the 2000 decennial census.
STEP THREE: Divide the number determined in STEP
ONE by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50).
SOURCE: IC 36-7-9-2; (06)CC110202.59. -->
SECTION 59. IC 36-7-9-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. As used in this
chapter:
"Community organization" means a citizen's group, neighborhood
association, neighborhood development corporation, or similar
organization that:
(1) has specific geographic boundaries defined in its bylaws or
articles of incorporation and contains at least forty (40)
households within those boundaries;
(2) is a nonprofit corporation that is representative of at least
twenty-five (25) households or twenty percent (20%) of the
households in the community, whichever is less;
(3) is operated primarily for the promotion of social welfare and
general neighborhood improvement and enhancement;
(4) has been incorporated for at least two (2) years; and
(5) is exempt from taxation under Section 501(c)(3) or 501(c)(4)
of the Internal Revenue Code.
"Department" refers to the executive department authorized by
ordinance to administer this chapter. In a consolidated city, this
department is the department of metropolitan development, subject to
IC 36-3-4-23.
"Enforcement authority" refers to the chief administrative officer of
the department, except in a consolidated city. In a consolidated city, the
division of development services is the enforcement authority, subject
to IC 36-3-4-23.
"Hearing authority" refers to a person or persons designated as such
by the executive of a city or county, or by the legislative body of a
town. However, in a consolidated city, the director of the department
or a person designated by
him the director is the hearing authority. An
employee of the enforcement authority may not be designated as the
hearing authority.
"Known or recorded fee interest, life estate interest, or equitable
interest of a contract purchaser" means any fee interest, life estate
interest, or equitable interest of a contract purchaser held by a
person whose identity and address may be determined from:
(1) an instrument recorded in the recorder's office of the
county where the unsafe premises is located;
(2) written information or actual knowledge received by the
department (or, in the case of a consolidated city, the
enforcement authority); or
(3) a review of department (or, in the case of a consolidated
city, the enforcement authority) records that is sufficient to
identify information that is reasonably ascertainable.
"Known or recorded substantial property interest" means any
right in real property, including a fee interest, a life estate interest,
a future interest, a mortgage interest, or an equitable interest of a
contract purchaser, that:
(1) may be affected in a substantial way by actions authorized
by this chapter; and
(2) is held by a person whose identity and address may be
determined from:
(A) an instrument recorded in the recorder's office of the
county where the unsafe premises is located;
(B) written information or actual knowledge received by
the department (or, in the case of a consolidated city, the
enforcement authority); or
(C) a review of department (or, in the case of a
consolidated city, the enforcement authority) records that
is sufficient to identify information that is reasonably
ascertainable.
"Substantial property interest" means any right in real property that
may be affected in a substantial way by actions authorized by this
chapter, including a fee interest, a life estate interest, a future interest,
a present possessory interest, a mortgage interest, or an equitable
interest of a contract purchaser. In a consolidated city, the interest
reflected by a deed, lease, license, mortgage, land sale contract, or lien
is not a substantial property interest unless the deed, lease, license,
mortgage, land sale contract, lien, or evidence of it is:
(1) recorded in the office of the county recorder; or
(2) the subject of a written information that is received by the
division of development services and includes the name and
address of the holder of the interest described.
SOURCE: IC 36-7-9-7; (06)CC110202.60. -->
SECTION 60. IC 36-7-9-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) A hearing must
be held relative to each order of the enforcement authority, except for
an order issued under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) of this
chapter. An order issued under section 5(a)(2), 5(a)(3), 5(a)(4), or
5(a)(5) of this chapter becomes final ten (10) days after notice is given,
unless a hearing is requested before the ten (10) day period ends by a
person holding a fee interest, life estate interest,
mortgage interest, or
equitable interest of a contract purchaser in the unsafe premises. The
hearing shall be conducted by the hearing authority.
(b) The hearing shall be held on a business day no earlier than ten
(10) days after notice of the order is given. The hearing authority may,
however, take action at the hearing, or before the hearing if a written
request is received by the enforcement authority not later than five (5)
days after notice is given, to continue the hearing to a business day not
later than fourteen (14) days after the hearing date shown on the order.
Unless the hearing authority takes action to have the continued hearing
held on a definite, specified date, notice of the continued hearing must
be given to the person to whom the order was issued at least five (5)
days before the continued hearing date, in the manner prescribed by
section 25 of this chapter. If the order being considered at the continued
hearing was served by publication, it is sufficient to give notice of the
continued hearing by publication unless the enforcement authority has
received information in writing that enables it to make service under
section 25 of this chapter by a method other than publication.
(c) The person to whom the order was issued, any person having a
substantial property interest in the unsafe premises that are the subject
of the order, or any other person with an interest in the proceedings
may appear in person or by counsel at the hearing. Each person
appearing at the hearing is entitled to present evidence, cross-examine
opposing witnesses, and present arguments.
(d) At the conclusion of any hearing at which a continuance is not
granted, the hearing authority may make findings and take action to:
(1) affirm the order;
(2) rescind the order; or
(3) modify the order, but unless the person to whom the order was
issued, or counsel for that person, is present at the hearing, the
hearing authority may modify the order in only a manner that
makes its terms less stringent.
(e) In addition to affirming the order, in those cases in which the
hearing authority finds that there has been a willful failure to comply
with the order, the hearing authority may impose a civil penalty in an
amount not to exceed five thousand dollars ($5,000). The effective date
of the civil penalty may be postponed for a reasonable period, after
which the hearing authority may order the civil penalty reduced or
stricken if the hearing authority is satisfied that all work necessary to
fully comply with the order has been done. For purposes of an appeal
under section 8 of this chapter or enforcement of an order under section
17 of this chapter, action of the hearing authority is considered final
upon the affirmation of the order, even though the hearing authority
may retain jurisdiction for the ultimate determination of a fine. related
to the civil penalty. In the hearing authority's exercise of continuing
jurisdiction, the hearing authority may, in addition to reducing or
striking the civil penalty, impose one (1) or more additional civil
penalties in an amount not to exceed five thousand dollars ($5,000)
per civil penalty. An additional civil penalty may be imposed if the
hearing authority finds that:
(1) significant work on the premises to comply with the
affirmed order has not been accomplished; and
(2) the premises have a negative effect on property values or
the quality of life of the surrounding area or the premises
require the provision of services by local government in excess
of the services required by ordinary properties.
(e) (f) If, at a hearing, a person to whom an order has been issued
requests an additional period to accomplish action required by the
order, and shows good cause for this request to be granted, the hearing
authority may grant the request. However, as a condition for allowing
the additional period, the hearing authority may require that the person
post a performance bond to be forfeited if the action required by the
order is not completed within the additional period.
(f) (g) The board or commission having control over the department
shall, at a public hearing, after having given notice of the time and
place of the hearing by publication in accordance with IC 5-3-1, adopt
a schedule setting forth the maximum amount of performance bonds
applicable to various types of ordered action. The hearing authority
shall use this schedule to fix the amount of the performance bond
required under subsection (e). (f).
(g) (h) The record of the findings made and action taken by the
hearing authority at the hearing shall be available to the public upon
request. However, neither the enforcement authority nor the hearing
authority is required to give any person notice of the findings and
action.
(h) (i) If a civil penalty under subsection (d) (e) is unpaid for more
than fifteen (15) days after payment of the civil penalty is due, the
civil penalty may be collected from any person against whom the
hearing officer assessed the civil penalty or fine. A civil penalty or
fine may be collected under this subsection in the same manner as
costs under section 13 or 13.5 of this chapter. The amount of the civil
penalty or fine that is collected shall be deposited in the unsafe
building fund.
SOURCE: IC 36-7-9-8; (06)CC110202.61. -->
SECTION 61. IC 36-7-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) An action taken
under section 7(d) or 7(e) of this chapter is subject to review by the
circuit or superior court of the county in which the unsafe premises are
located, on request of:
(1) any person who has a substantial property interest in the
unsafe premises; or
(2) any person to whom that order was issued.
(b) A person requesting judicial review under this section must file
a verified complaint including the findings of fact and the action taken
by the hearing authority. The complaint must be filed within ten (10)
days after the date when the action was taken.
(c) An appeal under this section is an action de novo. The court may
affirm, modify, or reverse the action taken by the hearing authority.
SOURCE: IC 36-7-9-10; (06)CC110202.62. -->
SECTION 62. IC 36-7-9-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. (a) The
enforcement authority may cause the action required by an order issued
under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) of this chapter to be
performed by a contractor if:
(1) the order has been served, in the manner prescribed by section
25 of this chapter, on each person having a
known or recorded
fee interest, life estate interest, or equitable interest of a contract
purchaser in the unsafe premises that are the subject of the order;
(2) the order has not been complied with;
(3) a hearing was not requested under section 5(b)(6) of this
chapter, or, if a hearing was requested, the order was affirmed at
the hearing; and
(4) the order is not being reviewed under section 8 of this chapter.
(b) The enforcement authority may cause the action required by an
order, other than an order under section 5(a)(2), 5(a)(3), 5(a)(4), or
5(a)(5) of this chapter, to be performed if:
(1) service of an order
under section 5(a)(1) of this chapter, in
the manner prescribed by section 25 of this chapter, has been
made on each person having a
known or recorded substantial
property interest
or present possessory interest in the unsafe
premises that are the subject of the order;
(2) service of an order under section 5(a)(6), 5(a)(7), or 5(a)(8)
of this chapter, in the manner prescribed by section 25 of this
chapter, has been made on each person having a known or
recorded substantial property interest in the unsafe premises
that are the subject of the order;
(2) (3) the order has been affirmed or modified at the hearing in
such a manner that all persons having a known or recorded
substantial property interest, and persons holding a present
possessory interest, as required, in the unsafe premises that are
the subject of the order are currently subject to an order requiring
the accomplishment of substantially identical action;
(3) (4) the order, as affirmed or modified at the hearing, has not
been complied with; and
(4) (5) the order is not being reviewed under section 8 of this
chapter.
(c) If action is being taken under this section on the basis of an order
that was served by publication, it is sufficient to serve the statement by
publication and indicate that the enforcement authority intends to
perform the work, unless the authority has received information in
writing that enables it to make service under section 25 of this chapter
by a method other than publication.
SOURCE: IC 36-7-9-11; (06)CC110202.63. -->
SECTION 63. IC 36-7-9-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) The work
required by an order of the enforcement authority may be performed in
the following manner:
(1) If the work is being performed under an order other than an
order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
if the cost of this work is estimated to be less than ten thousand
dollars ($10,000), the department, acting through the unit's
enforcement authority or other agent, may perform the work by
means of the unit's own workers and equipment owned or leased
by the unit. Notice that this work is to be performed must be given
to all persons with a
known or recorded substantial property
interest, in the manner prescribed in subsection (c), at least ten
(10) days before the date of performance of the work by the
enforcement authority. This notice must include a statement that
an amount representing a reasonable estimate of the cost incurred
by the enforcement authority in processing the matter and
performing the work may, if not paid, be recorded after a hearing
as a lien against all persons having a fee interest, life estate
interest, or equitable interest of a contract purchaser in the unsafe
premises.
(2) If the work is being performed under an order other than an
order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
if the estimated cost of this work is ten thousand dollars ($10,000)
or more, this work must be let at public bid to a contractor
licensed and qualified under law. The obligation to pay costs
imposed by section 12 of this chapter is based on the condition of
the unsafe premises at the time the public bid was accepted.
Changes occurring in the condition of the unsafe premises after
the public bid was accepted do not eliminate or diminish this
obligation.
(3) If the work is being performed under an order issued under
section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, the work may
be performed by a contractor who has been awarded a base bid
contract to perform the work for the enforcement authority, or by
the department, acting through the unit's enforcement authority or
other governmental agency and using the unit's own workers and
equipment owned or leased by the unit. Work performed under an
order issued under section 5(a)(2), 5(a)(3), or 5(a)(4) of this
chapter may be performed without further notice to the persons
holding a fee interest, life estate interest, or equitable interest of
a contract purchaser, and these persons are liable for the costs
incurred by the enforcement authority in processing the matter and
performing the work, as provided by section 12 of this chapter.
(b) Bids may be solicited and accepted for work on more than one
(1) property if the bid reflects an allocation of the bid amount among
the various unsafe premises in proportion to the work to be
accomplished. The part of the bid amount attributable to each of the
unsafe premises constitutes the basis for calculating the part of the costs
described by section 12(a)(1) of this chapter.
(c) All persons who have a known or recorded substantial property
interest in the unsafe premises and are subject to an order other than an
order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter must be
notified about the public bid in the manner prescribed by section 25 of
this chapter, by means of a written statement including:
(1) the name of the person to whom the order was issued;
(2) a legal description or address of the unsafe premises that are
the subject of the order;
(3) a statement that a contract is to be let at public bid to a
licensed contractor to accomplish work to comply with the order;
(4) a description of work to be accomplished;
(5) a statement that both the bid price of the licensed contractor
who accomplishes the work and an amount representing a
reasonable estimate of the cost incurred by the enforcement
authority in processing the matter of the unsafe premises may, if
not paid, be recorded after a hearing as a lien against all persons
having a fee interest, life estate interest, or equitable interest of a
contract purchaser in the unsafe premises;
(6) the time of the bid opening;
(7) the place of the bid opening; and
(8) the name, address, and telephone number of the enforcement
authority.
(d) If the notice of the statement that public bids are to be let is
served by publication, the publication must include the information
required by subsection (c), except that it need only include a general
description of the work to be accomplished. The publication must also
state that a copy of the statement of public bid may be obtained from
the enforcement authority.
(e) Notice of the statement that public bids are to be let must be
given, at least ten (10) days before the date of the public bid, to all
persons who have a known or recorded substantial property interest
in the property and are subject to an order other than an order under
section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter.
(f) If action is being taken under this section on the basis of an order
that was served by publication, it is sufficient to serve the statement that
public bids are to be let by publication, unless the enforcement
authority has received information in writing that enables the unit to
make service under section 25 of this chapter by a method other than
publication.
SOURCE: IC 36-7-9-13; (06)CC110202.64. -->
SECTION 64. IC 36-7-9-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) If all or any part
of the costs listed in section 12 of this chapter remain unpaid for any
unsafe premises (other than unsafe premises owned by a governmental
entity) for more than fifteen (15) days after the completion of the work,
the enforcement authority does not act under section 13.5 of this
chapter, and the enforcement authority determines that there is a
reasonable probability of obtaining recovery, the enforcement authority
shall prepare a record stating:
(1) the name and last known address of each person who held a
known or recorded fee interest, life estate interest, or equitable
interest of a contract purchaser in the unsafe premises from the
time the order requiring the work to be performed was recorded
to the time that the work was completed;
(2) the legal description or address of the unsafe premises that
were the subject of work;
(3) the nature of the work that was accomplished;
(4) the amount of the unpaid bid price of the work that was
accomplished; and
(5) the amount of the unpaid average processing expense.
The record must be in a form approved by the state board of accounts.
(b) The enforcement authority, or its head, shall swear to the
accuracy of the record before the clerk of the circuit court and deposit
the record in the clerk's office. Notice that the record has been filed and
that a hearing on the amounts indicated in the record may be held must
be sent
in the manner prescribed by section 25 of this chapter to
all
of the following:
(1) The persons named in the record.
in the manner prescribed by
section 25 of this chapter.
(2) Any mortgagee that has a known or recorded substantial
property interest.
(c) If, within thirty (30) days after the notice required by subsection
(b), a person named in the record
or a mortgagee files with the clerk
of the circuit court a written petition objecting to the claim for payment
and requesting a hearing, the clerk shall enter the cause on the docket
of the circuit or superior court as a civil action, and a hearing shall be
held on the question in the manner prescribed by IC 4-21.5. However,
issues that could have been determined under section 8 of this chapter
may not be entertained at the hearing. At the conclusion of the hearing,
the court shall either sustain the petition or enter a judgment against the
persons named in the record for the amounts recorded or for modified
amounts.
(d) If no petition is filed under subsection (c), the clerk of the circuit
court shall enter the cause on the docket of the court and the court shall
enter a judgment for the amounts stated in the record.
(e) A judgment under subsection (c) or (d), to the extent that it is not
satisfied under IC 27-2-15, is a debt and a lien on all the real and
personal property of the person named, or a joint and several debt and
lien on the real and personal property of the persons named in the
record prepared under subsection (a). The lien on real property is
perfected against all creditors and purchasers when the judgment is
entered on the judgment docket of the court. The lien on personal
property is perfected by filing a lis pendens notice in the appropriate
filing office, as prescribed by the Indiana Rules of Trial Procedure.
(f) Judgments rendered under this section may be enforced in the
same manner as all other judgments are enforced.
SOURCE: IC 36-7-9-13.5; (06)CC110202.65. -->
SECTION 65. IC 36-7-9-13.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13.5. (a) This section
does not apply to the collection of an amount if a court determines
under section 13 of this chapter that the enforcement authority is not
entitled to the amount.
(b) If all or any part of the costs listed in section 12 of this chapter
remain unpaid for any unsafe premises (other than unsafe premises
owned by a governmental entity) for more than fifteen (15) days after
completion of the work, the enforcement authority may send notice
under section 25 of this chapter to each person who held a known or
recorded fee interest, life estate interest, or equitable interest of a
contract purchaser in the unsafe premises. If the notice is sent, the
enforcement authority shall also send notice to any mortgagee with
a known or recorded substantial property interest. The notice must
require full payment of the amount owed within thirty (30) days.
(c) If full payment of the amount owed is not made less than thirty
(30) days after the notice is delivered, the enforcement officer may
certify the following information to the county auditor:
(1) The name of each person who held a known or recorded fee
interest, life estate interest, or equitable interest of a contract
purchaser in the unsafe premises.
(2) The description of the unsafe premises, as shown by the
records of the county auditor.
(3) The amount of the delinquent payment, including all costs
described in section 12 of this chapter.
(d) The county auditor shall place the total amount certified under
subsection (c) on the tax duplicate for the affected property as a special
assessment. The total amount, including accrued interest, shall be
collected as delinquent taxes are collected.
(e) An amount collected under subsection (d), after all other taxes
have been collected and disbursed, shall be disbursed to the unsafe
building fund.
(f) A judgment entered under section 13, 19, 21, or 22 of this
chapter may be certified to the auditor and collected under this
section. However, a judgment lien need not be obtained under section
13 of this chapter before a debt is certified under this section.
SOURCE: IC 36-7-9-14; (06)CC110202.66. -->
SECTION 66. IC 36-7-9-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 14. (a) The
enforcement authority shall establish in its operating budget a fund
designated as the unsafe building fund. Any balance remaining at the
end of a fiscal year shall be carried over in the fund for the following
year and does not revert to the general fund.
(b) Money for the unsafe building fund may be received from any
source, including appropriations by local, state, or federal governments,
and donations. The following money shall be deposited in the fund:
(1) Money received as payment for or settlement of obligations or
judgments established under sections 9 through 13 and 17 through
22 of this chapter.
(2) Money received from bonds posted under section 7 of this
chapter.
(3) Money received in satisfaction of receivers' notes or
certificates that were issued under section 20 of this chapter and
were purchased with money from the unsafe building fund.
(4) Money received for payment or settlement of civil penalties or
fines imposed under section 7 of this chapter.
(5) Money received from the collection of special assessments
under section 13.5 of this chapter.
(c) Money in the unsafe building fund may be used for the expenses
incurred in carrying out the purposes of this chapter, including:
(1) the cost of obtaining reliable information about the identity
and location of each person who owns a substantial property
interest in unsafe premises;
(2) the cost of an examination of an unsafe building by a
registered architect or registered engineer not employed by the
department;
(3) the cost of surveys necessary to determine the location and
dimensions of real property on which an unsafe building is
located;
(4) the cost of giving notice of orders, notice of statements of
rescission, notice of continued hearing, and notice of statements
that public bids are to be let in the manner prescribed by section
25 of this chapter;
(5) the bid price of work by a contractor under section 10 or
sections 17 through 22 of this chapter;
(6) the cost of emergency action under section 9 of this chapter;
and
(7) the cost of notes or receivers' certificates issued under section
20 of this chapter.
(d) Payment of money from the unsafe building fund must be made
in accordance with applicable law.
SOURCE: IC 36-7-9-18.1; (06)CC110202.67. -->
SECTION 67. IC 36-7-9-18.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]:
Sec. 18.1. (a) A court acting under
section 17 of this chapter may condition the granting of a period of
time to accomplish the action required by an order on the posting
of a performance bond that will be forfeited if the action required
by the order is not completed within the period the court allows.
Before granting a period of time that is conditioned on the posting
of a bond, the court may require that the requesting person justify
the request with a workable and financially supported plan. If the
court determines that a significant amount of work must be
accomplished to comply with the order, the court may require that
the bond specify interim completion standards and provide that the
bond is forfeited if any of these interim completion standards are
not substantially met.
(b) An amount collected under subsection (a) on a forfeited bond
shall be deposited in the unsafe building fund.
SOURCE: IC 36-7-9-19; (06)CC110202.68. -->
SECTION 68. IC 36-7-9-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 19. (a) A court acting
under section 17 of this chapter may impose a civil forfeiture penalty
not to exceed one five thousand dollars ($1,000) ($5,000) against any
person if the conditions of section 18 of this chapter are met. The
forfeiture penalty imposed may not be substantially less than the cost
of complying with the order, unless that cost exceeds one two thousand
five hundred dollars ($1,000). ($2,500). The effective date of the
forfeiture penalty may be postponed for a period not to exceed thirty
(30) days, after which the court may order the forfeiture penalty
reduced or stricken if it is satisfied that all work necessary to fully
comply with the order has been done.
(b) On request of the enforcement authority the court shall enter a
judgment in the amount of the forfeiture. penalty. If there is more than
one (1) party defendant, the forfeiture penalty is separately applicable
to each defendant. The amount of a forfeiture penalty that is collected
shall be deposited in the unsafe building fund.
SOURCE: IC 36-7-9-25; (06)CC110202.69. -->
SECTION 69. IC 36-7-9-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 25. (a) Notice of
orders, notice of continued hearings without a specified date, notice of
a statement that public bids are to be let, and notice of claims for
payment must be given by:
(1) sending a copy of the order or statement by registered or
certified mail to the residence or place of business or employment
of the person to be notified, with return receipt requested;
(2) delivering a copy of the order or statement personally to the
person to be notified; or
(3) leaving a copy of the order or statement at the dwelling or
usual place of abode of the person to be notified
and sending by
first class mail a copy of the order or statement to the last
known address of the person to be notified.
(b) If
after a reasonable effort, service is not obtained by a means
described in subsection (a)
and the hearing authority concludes that
a reasonable effort has been made to obtain service, service may be
made by publishing a notice of the order or statement in accordance
with IC 5-3-1 in the county where the unsafe premises are located.
However, publication may be made on consecutive days. If service of
an order is made by publication, the publication must include the
information required by subdivisions (1), (2), (4), (5), (6), (7), and (9)
of section 5(b) of this chapter, and must also include a statement
indicating generally what action is required by the order and that the
exact terms of the order may be obtained from the enforcement
authority.
The hearing authority may make a determination about
whether a reasonable effort has been made to obtain service by the
means described in subsection (a) on the basis of information
provided by the department (or, in the case of a consolidated city,
the enforcement authority). The hearing authority is not required
to make the determination at a hearing. The hearing authority
must make the determination in writing.
(c) When service is made by any of the means described in this
section, except by mailing or by publication, the person making service
must make an affidavit stating that he has made the service, the manner
in which service was made, to whom the order or statement was issued,
the nature of the order or statement, and the date of service. The
affidavit must be placed on file with the enforcement authority.
(d) The date when notice of the order or statement is considered
given is as follows:
(1) If the order or statement is delivered personally or left at the
dwelling or usual place of abode, notice is considered given on the
day when the order or statement is delivered to the person or left
at his the person's dwelling or usual place of abode.
(2) If the order or statement is mailed, notice is considered given
on the date shown on the return receipt, or, if no date is shown, on
the date when the return receipt is received by the enforcement
authority.
(3) Notice by publication is considered given on the date of the
second day that publication was made.
(e) Notice of orders, notice of continued hearings without a specified
date, and notice of a statement that public bids are to be let need not be
given to a person holding a property interest in an unsafe premises if:
(1) no instrument reflecting the property interest held by the
person is recorded in the recorder's office of the county where the
unsafe premises is located;
(2) the order or statement was recorded in accordance with section
26 of this chapter; and
(3) the enforcement authority has received neither written
information nor actual notice of the identity of the person who
holds a property interest in the unsafe premises.
(e) A person with a property interest in an unsafe premises who
fails to does not:
(1) record an instrument reflecting an the interest in his unsafe
premises in the recorder's office of the county where the
unsafe premises is located; or
(2) if an instrument reflecting the interest is not recorded,
provide to the department (or, in the case of a consolidated
city, the enforcement authority) in writing the person's name
and address and the location of the unsafe premises;
is considered to consent to reasonable action taken under this chapter
relative to which for which notice would be required and relinquish
a claim to notice would otherwise be given. under this chapter.
(f) The department (or, in the case of a consolidated city, the
enforcement authority) may, for the sake of administrative
convenience, publish notice under subsection (b) at the same time
notice is attempted under subsection (a). If published notice is given
as described in subsection (b), the hearing authority shall
subsequently make a determination about whether a reasonable
effort has been made to obtain service by the means described in
subsection (a).
SOURCE: IC 36-7-14-22.5; (06)CC110202.70. -->
SECTION 70. IC 36-7-14-22.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]:
Sec. 22.5. (a) This section applies to
the following:
(1) Real property:
(A) that was acquired by the commission to carry out a
redevelopment project, an economic development area
project, or an urban renewal project; and
(B) relative to which the commission has, at a public
hearing, decided that the real property is not needed to
complete the redevelopment activity, an economic
development activity, or urban renewal activity in the
project area.
(2) Real property acquired under this chapter that is not in a
redevelopment project area, economic development area, or
an urban renewal project area.
(3) Parcels of property secured from the county under
IC 6-1.1-25-9(e) that were acquired by the county under
IC 6-1.1-24 and IC 6-1.1-25.
(4) Real property donated or transferred to the commission to
be held and disposed of under this section.
However, this section does not apply to property acquired under
section 32.5 of this chapter.
(b) The commission may do the following to or for real property
described in subsection (a):
(1) Examine, classify, manage, protect, insure, and maintain
the property.
(2) Eliminate deficiencies (including environmental
deficiencies), carry out repairs, remove structures, and make
improvements.
(3) Control the use of the property.
(4) Lease the property.
(5) Use any powers under section 12.2 of this chapter in
relation to the property.
(c) The commission may enter into contracts to carry out part
or all of the functions described in subsection (b).
(d) The commission may extinguish all delinquent taxes, special
assessments, and penalties relative to real property donated to the
commission to be held and disposed of under this section. The
commission shall provide the county auditor with a list of the real
property on which delinquent taxes, special assessments, and
penalties are extinguished under this subsection.
(e) Real property described in subsection (a) may be sold,
exchanged, transferred, granted, donated, or otherwise disposed of
in any of the following ways:
(1) In accordance with section 22, 22.2, 22.6, or 22.7 of this
chapter.
(2) In accordance with the provisions authorizing an urban
homesteading program under IC 36-7-17.
(f) In disposing of real property under subsection (e), the
commission may:
(1) group together properties for disposition in a manner that
will best serve the interest of the community, from the
standpoint of both human and economic welfare; and
(2) group together nearby or similar properties to facilitate
convenient disposition.
SOURCE: IC 36-7-14-22.6; (06)CC110202.71. -->
SECTION 71. IC 36-7-14-22.6 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]:
Sec. 22.6. (a) As used in this section,
"abutting landowner" means an owner of property that:
(1) touches, borders on, or is contiguous to the property that
is the subject of sale; and
(2) does not constitute a:
(A) public easement; or
(B) public right-of-way.
(b) As used in this section, "offering price" means the appraised
value of real property plus all costs associated with the sale,
including:
(1) appraisal fees;
(2) title insurance;
(3) recording fees; and
(4) advertising costs.
(c) If the assessed value of a tract of real property to be sold is
less than fifteen thousand dollars ($15,000), based on the most
recent assessment of the tract or of the tract of which it was a part
before it was acquired, the commission may proceed under this
section.
(d) The commission may determine that:
(1) the highest and best use of the tract is sale to an abutting
landowner;
(2) the cost to the public of maintaining the tract equals or
exceeds the estimated fair market value of the tract; or
(3) it is economically unjustifiable to sell the tract under
section 22 of this chapter.
(e) Not more than ten (10) days after the commission makes a
determination under subsection (d), the commission shall publish
a notice in accordance with IC 5-3-1 identifying the tracts intended
for sale by legal description and, if possible, by key number and
street address. The notice must also include the offering price and
a statement that:
(1) the property may not be sold to a person who is ineligible
under IC 36-1-11-16; and
(2) an offer to purchase the property submitted by a trust (as
defined in IC 30-4-1-1(a)) must identify each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
At the time of publication of notice under this subsection, the
commission shall send notice by certified mail to all abutting
landowners. This notice shall contain the same information as the
published notice.
(f) The commission shall also have each tract appraised. The
appraiser must be a person who is professionally engaged in
making appraisals, a person licensed under IC 25-34.1, or an
employee of the political subdivision who is familiar with the value
of the tract. However, if the assessed value of a tract is less than six
thousand dollars ($6,000), based on the most recent assessment of
the tract or of the tract of which it was a part before it was
acquired, the commission is not required to have the tract
appraised.
(g) If, not more than ten (10) days after the date of publication
of the notice under subsection (e), the commission receives one (1)
or more eligible offers to purchase a tract listed in the notice at or
in excess of the offering price, the commission shall conduct the
negotiation and sale of the tract under section 22(f), 22(g), and 22(i)
of this chapter.
(h) Notwithstanding subsection (g), if not more than ten (10)
days after the date of publication of the notice under subsection (e)
the commission does not receive from any person other than an
abutting landowner an eligible offer to purchase the tract at or in
excess of the offering price, the commission shall conduct the
negotiation and sale of the tract as follows:
(1) If only one (1) eligible abutting landowner makes an
eligible offer to purchase the tract, then subject to
IC 36-1-11-16 and without further appraisal or notice, the
commission shall offer to negotiate for the sale of the tract
with that abutting landowner.
(2) If more than one (1) eligible abutting landowner submits
an eligible offer to purchase the tract, the tract shall be sold to
the eligible abutting landowner who submits the highest
eligible offer for the tract and who complies with any
requirement under subsection (e)(2).
(3) If no eligible abutting landowner submits an eligible offer
to purchase the tract, the commission may sell the tract to any
person who submits the highest eligible offer for the tract,
except a person who is ineligible to purchase the tract under
IC 36-1-11-16.
SOURCE: IC 36-7-14-22.7; (06)CC110202.72. -->
SECTION 72. IC 36-7-14-22.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 22.7. (a) The commission may
dispose of real property to which section 22.5 of this chapter
applies by following the procedure set forth in this section.
(b) The commission shall first have the property appraised by
two (2) appraisers. The appraisers must be:
(1) persons who are professionally engaged in making
appraisals;
(2) persons who are licensed under IC 25-34.1; or
(3) employees of the political subdivision familiar with the
value of the property.
The appraisers shall make a joint appraisal of the property.
(c) The commission may:
(1) negotiate a sale or transfer; and
(2) dispose of the property;
at a value that is not less than the appraised value determined
under subsection (b).
(d) Disposal of real property under this chapter is subject to the
approval of the commission. The commission may not approve a
disposal of property without conducting a public hearing after
giving notice under IC 5-3-1.
(e) In addition to any other reason for disapproving a disposal
of property under this section, the commission may disapprove a
sale of a tract of residential property to any bidder who does not by
affidavit declare that the bidder will reside on that property for at
least one (1) year after the bidder obtains possession of the
property.
SOURCE: IC 36-7-15.1-15.5; (06)CC110202.73. -->
SECTION 73. IC 36-7-15.1-15.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]:
Sec. 15.5. (a) This section applies to
the following:
(1) Real property:
(A) that was acquired by the commission to carry out a
redevelopment project, an economic development area
project, or an urban renewal project; and
(B) relative to which the commission has, at a public
hearing, decided that the real property is not needed to
complete the redevelopment activity, an economic
development area activity, or urban renewal activity in the
project area.
(2) Real property acquired under this chapter that is not in a
redevelopment project area, an economic development area,
or an urban renewal project area.
(3) Parcels of property secured from the county under
IC 6-1.1-25-9(e) that were acquired by the county under
IC 6-1.1-24 and IC 6-1.1-25.
(4) Real property donated or transferred to the commission to
be held and disposed of under this section.
However, this section does not apply to property acquired under
section 22.5 of this chapter.
(b) The commission may do the following to or for real property
described in subsection (a):
(1) Examine, classify, manage, protect, insure, and maintain
the property.
(2) Eliminate deficiencies (including environmental
deficiencies), carry out repairs, remove structures, and make
improvements.
(3) Control the use of the property.
(4) Lease the property.
(5) Use any powers under section 7(a) or 7(b) of this chapter
in relation to the property.
(c) The commission may enter into contracts to carry out part
or all of the functions described in subsection (b).
(d) The commission may extinguish all delinquent taxes, special
assessments, and penalties relative to real property donated to the
commission to be held and disposed of under this section. The
commission shall provide the county auditor with a list of the real
property on which delinquent taxes, special assessments, and
penalties are extinguished under this subsection.
(e) Real property described in subsection (a) may be sold,
exchanged, transferred, granted, donated, or otherwise disposed of
in any of the following ways:
(1) In accordance with section 15, 15.1, 15.2, 15.6, or 15.7 of
this chapter.
(2) In accordance with the provisions authorizing an urban
homesteading program under IC 36-7-17.
(f) In disposing of real property under subsection (e), the
commission may:
(1) group together properties for disposition in a manner that
will best serve the interest of the community, from the
standpoint of both human and economic welfare; and
(2) group together nearby or similar properties to facilitate
convenient disposition.
SOURCE: IC 36-7-15.1-15.6; (06)CC110202.74. -->
SECTION 74. IC 36-7-15.1-15.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 15.6. (a) As used in this section,
"abutting landowner" means an owner of property that:
(1) touches, borders on, or is contiguous to the property that
is the subject of sale; and
(2) does not constitute a:
(A) public easement; or
(B) public right-of-way.
(b) As used in this section, "offering price" means the appraised
value of real property plus all costs associated with the sale,
including:
(1) appraisal fees;
(2) title insurance;
(3) recording fees; and
(4) advertising costs.
(c) If the assessed value of a tract of real property to be sold is
less than fifteen thousand dollars ($15,000), based on the most
recent assessment of the tract or of the tract of which it was a part
before it was acquired, the commission may proceed under this
section.
(d) The commission may determine that:
(1) the highest and best use of the tract is sale to an abutting
landowner;
(2) the cost to the public of maintaining the tract equals or
exceeds the estimated fair market value of the tract; or
(3) it is economically unjustifiable to sell the tract under
section 15 of this chapter.
(e) Not more than ten (10) days after the commission makes a
determination under subsection (d), the commission shall publish
a notice in accordance with IC 5-3-1 identifying the tracts intended
for sale by legal description and, if possible, by key number and
street address. The notice must also include the offering price and
a statement that:
(1) the property may not be sold to a person who is ineligible
under IC 36-1-11-16; and
(2) an offer to purchase the property submitted by a trust (as
defined in IC 30-4-1-1(a)) must identify each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
At the time of publication of notice under this subsection, the
commission shall send notice by certified mail to all abutting
landowners. This notice shall contain the same information as the
published notice.
(f) The commission shall also have each tract appraised. The
appraiser must be a person who is professionally engaged in
making appraisals, a person licensed under IC 25-34.1, or an
employee of the political subdivision who is familiar with the value
of the tract. However, if the assessed value of a tract is less than six
thousand dollars ($6,000), based on the most recent assessment of
the tract or of the tract of which it was a part before it was
acquired, the commission is not required to have the tract
appraised.
(g) If, not more than ten (10) days after the date of publication
of the notice under subsection (e), the commission receives one (1)
or more eligible offers to purchase a tract listed in the notice at or
in excess of the offering price, the commission shall conduct the
negotiation and sale of the tract under section 15(f), 15(g), and 15(i)
of this chapter.
(h) Notwithstanding subsection (g), if not more than ten (10)
days after the date of publication of the notice under subsection (e)
the commission does not receive from any person other than an
abutting landowner an eligible offer to purchase the tract at or in
excess of the offering price, the commission shall conduct the
negotiation and sale of the tract as follows:
(1) If only one (1) eligible abutting landowner makes an
eligible offer to purchase the tract, then subject to
IC 36-1-11-16 and without further appraisal or notice, the
commission shall offer to negotiate for the sale of the tract
with that abutting landowner.
(2) If more than one (1) eligible abutting landowner submits
an eligible offer to purchase the tract, the tract shall be sold to
the eligible abutting landowner who submits the highest
eligible offer for the tract and who complies with any
requirement under subsection (e)(2).
(3) If no eligible abutting landowner submits an eligible offer
to purchase the tract, the commission may sell the tract to any
person who submits the highest eligible offer for the tract,
except a person who is ineligible to purchase the tract under
IC 36-1-11-16.
SOURCE: IC 36-7-15.1-15.7; (06)CC110202.75. -->
SECTION 75. IC 36-7-15.1-15.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 15.7. (a) The commission may
dispose of real property to which section 15.5 of this chapter
applies by following the procedure set forth in this section.
(b) The commission shall first have the property appraised by
two (2) appraisers. The appraisers must be:
(1) persons professionally engaged in making appraisals;
(2) persons licensed under IC 25-34.1; or
(3) employees of the political subdivision familiar with the
value of the property.
The appraisers shall make a joint appraisal of the property.
(c) The commission may:
(1) negotiate a sale or transfer; and
(2) dispose of the property;
at a value that is not less than the appraised value determined
under subsection (b).
(d) Disposal of real property under this chapter is subject to the
approval of the commission. The commission may not approve a
disposal of property without conducting a public hearing after
giving notice under IC 5-3-1.
(e) In addition to any other reason for disapproving a disposal
of property under this section, the commission may disapprove a
sale of a tract of residential property to any bidder who does not by
affidavit declare that the bidder will reside on that property for at
least one (1) year after the bidder obtains possession of the
property.
SOURCE: IC 36-7-17-3; (06)CC110202.76. -->
SECTION 76. IC 36-7-17-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The agency
designated or established in section 2 of this chapter may acquire real
property in the name of the unit, for use as provided in this chapter.
(b) Under IC 6-1.1-24-4.5, the county auditor shall provide a list of
real property on which one (1) or more installments of taxes are
delinquent.
(c) Under IC 6-1.1-25-1 and IC 6-1.1-25-4, the agency may acquire
the deed for real property purchased at tax sale for the purposes of this
chapter one hundred twenty (120) days after the date of sale, after
compliance with the notice provisions of IC 6-1.1-25-4.5.
(d) Under IC 6-1.1-24-6.5, the agency may acquire the deed for real
property that was offered for sale but for which an adequate bid under
IC 6-1.1-24-5(e) was not received by identifying the properties that the
agency desires to acquire for urban homesteading or redevelopment
purposes.
(e) (d) Under IC 6-1.1-25-7.5, the agency may acquire the deed for
real property for which the holder of the certificate of sale has failed to
request that the county auditor execute and deliver a deed within one
hundred twenty (120) days after issuance of the certificate.
(f) (e) In addition to real property acquired through tax sale for the
purposes of this chapter, the agency may acquire real property by
purchase or gift.
SOURCE: IC 36-7-17-12; (06)CC110202.77. -->
SECTION 77. IC 36-7-17-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) A property for
which no one applies in two (2) successive drawings held under this
chapter may be sold at public auction to the highest bidder.
(b) The proceeds of the sale of real property acquired under
IC 6-1.1-24-6.5 or IC 6-1.1-25-7.5 shall be applied to the cost of the
sale, including advertising and appraisal.
(c) If any proceeds remain after payment of the costs under
subsection (b), the proceeds shall be applied to the payment of taxes
removed from the tax duplicate under IC 6-1.1-24-6.5(e) or
IC 6-1.1-25-7.5(e).
(d) If any proceeds remain after payment of the taxes under
subsection (c), the proceeds shall be deposited in the county general
fund.
SOURCE: IC 36-8-3-3; (06)CC110202.78. -->
SECTION 78. IC 36-8-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) A majority of the
members of the safety board constitutes a quorum. The board shall
adopt rules concerning the time of holding regular and special meetings
and of giving notice of them. The board shall elect one (1) of its
members chairman, who holds the position as long as prescribed by the
rules of the board. The board shall record all of its proceedings.
(b) The members of the safety board may act only as a board. No
member may bind the board or the city except by resolution entered in
the records of the board authorizing him the member to act in its
behalf as its authorized agent.
(c) The safety board shall appoint:
(1) the members and other employees of the police department
other than those in an upper level policymaking position;
(2) the members and other employees of the fire department other
than those in an upper level policymaking position;
(3) a market master; and
(4) other officials that are necessary for public safety purposes.
(d) The annual compensation of all members of the police and fire
departments and other appointees shall be fixed by ordinance of the
legislative body before
(1) September 20 for a second class city; and
(2) September 20 for a third class city;
not later than September 30 of each year for the ensuing budget year.
The ordinance may grade the members of the departments and regulate
their pay by rank as well as by length of service. If the legislative body
fails to adopt an ordinance fixing the compensation of members of the
police or fire department, the safety board may fix their compensation,
subject to change by ordinance.
(e) The safety board, subject to ordinance, may also fix the number
of members of the police and fire departments and the number of
appointees for other purposes and may, subject to law, adopt rules for
the appointment of members of the departments and for their
government.
(f) The safety board shall divide the city into police precincts and
fire districts.
(g) The police chief has exclusive control of the police department,
and the fire chief has exclusive control of the fire department, subject
to the rules and orders of the safety board. In time of emergency, the
police chief and the fire chief are, for the time being, subordinate to the
city executive and shall obey his the city executive's orders and
directions, notwithstanding any law or rule to the contrary.
SOURCE: IC 36-9-3-5; (06)CC110202.79. -->
SECTION 79. IC 36-9-3-5, AS AMENDED BY P.L.114-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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) twenty-one (21) members:
(1) Three (3) members appointed by the executive of a city with
a population of more than ninety thousand (90,000) but less than
one hundred five thousand (105,000).
(2) Two (2) members appointed by the executive of a city with a
population of more than seventy-five thousand (75,000) but less
than ninety thousand (90,000).
(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 city with a population of more than five thousand one
hundred thirty-five (5,135) but less than five thousand two
hundred (5,200).
(B) A city with a population of more than 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 town with a population of more than fifteen thousand
(15,000) but less than twenty thousand (20,000).
(B) A town with a population of more than twenty-three
thousand (23,000) but less than twenty-four thousand (24,000).
(C) A town with a population of more than twenty thousand
(20,000) but less than twenty-three thousand (23,000).
(5) 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 town with a population of more than eight thousand
(8,000) but less than nine thousand (9,000).
(B) A town with a population of more than twenty-four
thousand (24,000) but less than thirty thousand (30,000).
(C) A town with a population of more than twelve thousand
five hundred (12,500) but less than fifteen thousand (15,000).
(6) One (1) member who is jointly appointed by the following
authorities of municipalities located in a county having a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) The executive of a city with a population of more than
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
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
five thousand (5,000) but less than eight thousand (8,000).
(D) The fiscal body of a town with a population of less than
one thousand five hundred (1,500).
(E) The fiscal body of a town with a population of more than
two thousand two hundred (2,200) but less than five thousand
(5,000).
(7) One (1) member appointed by the fiscal body of a town with
a population of more than 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
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 city having a population of more than
twenty-five thousand (25,000) but less than twenty-seven
thousand (27,000).
(B) The executive of a city having a population of more than
thirteen thousand nine hundred (13,900) but less than fourteen
thousand two hundred (14,200).
(C) The fiscal body of a town having a population of more than
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.
(12) The executive of a city with a population of more than
twenty-seven thousand four hundred (27,400) but less than
twenty-eight thousand (28,000), located within a county with a
population of more than one hundred forty-five thousand
(145,000) but less than one hundred forty-eight thousand
(148,000), or the executive's designee.
(13) The executive of a city with a population of more than
thirty-three thousand (33,000) but less than thirty-six thousand
(36,000), located within a county with a population of more than
one hundred forty-five thousand (145,000) but less than one
hundred forty-eight thousand (148,000), or the executive's
designee.
(14) One (1) member of the board of commissioners of a county
with a population of more than one hundred forty-five thousand
(145,000) but less than one hundred forty-eight thousand
(148,000), appointed by the board of commissioners, or the
member's designee.
(15) One (1) member appointed jointly by the township
executive of the township containing the following towns:
(A) Chesterton.
(B) Porter.
(C) Burns Harbor.
(D) Dune Acres.
The member appointed under this subdivision must be a
resident of a town listed in this subdivision.
(16) One (1) member appointed jointly by the township
executives of the following townships located in Porter
County:
(A) Washington Township.
(B) Morgan Township.
(C) Pleasant Township.
(D) Boone Township.
(E) Union Township.
(F) Porter Township.
(G) Jackson Township.
(H) Liberty Township.
(I) Pine Township.
The member appointed under this subdivision must be a
resident of a township listed in this subdivision.
SOURCE: IC 36-9-3-9; (06)CC110202.80. -->
SECTION 80. IC 36-9-3-9, AS AMENDED BY P.L.114-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 9. (a) A majority of the members appointed to the
board constitutes a quorum for a meeting.
(b) Except as provided in subsections subsection (c), and (d), the
board may act officially by an affirmative vote of a majority of those
present at the meeting at which the action is taken.
(c) If the authority includes a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000), then:
(1) an affirmative vote of a majority of the board is necessary for
an action to be taken; and
(2) a vacancy in membership does not impair the right of a
quorum to exercise all rights and perform all duties of the board.
(d) This section applies to 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). A member described in section
5(c)(12), 5(c)(13), or 5(c)(14) of this chapter may not vote on the
distribution or payment of money by the authority unless a county with
a population of more than one hundred forty-five thousand (145,000)
but less than one hundred forty-eight thousand (148,000) pays to the
authority the county's share of the authority's budget under this chapter
and as agreed by the counties participating in the authority.
SOURCE: IC 36-9-30-26; (06)CC110202.81. -->
SECTION 81. IC 36-9-30-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 26. When the execution
of a lease is authorized under section 25 of this chapter, the board shall
give at least thirty (30) ten (10) days' notice of the date upon which the
lease will be executed. The notice shall be published one (1) time in the
manner prescribed by IC 5-3-1. An action to contest the validity of the
lease or to enjoin the performance of any of the terms and conditions of
the lease may not be brought after the execution of the lease.
SOURCE: IC 36-9-39.1; (06)CC110202.82. -->
SECTION 82. IC 36-9-39.1 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 39.1. Alternative Assessment Financing for Municipal
Sewage Works
Sec. 1. This chapter applies to all municipalities.
Sec. 2. As used in this chapter, "board" means the following:
(1) A board described in IC 36-9-23-5.
(2) A board described in IC 36-9-25-2.
Sec. 3. As used in this chapter, "fund" refers to a sewer
improvement and extension fund established under section 5 of this
chapter.
Sec. 4. If a board wants to construct, repair, extend, or improve
a sewage works, the board may adopt a resolution providing that
the construction, repair, extension, or improvement will be
financed under this chapter.
Sec. 5. (a) A municipality may adopt an ordinance establishing
a sewer improvement and extension fund to finance the
construction, repair, extension, or improvement of a sewage works.
(b) A fund consists of the following:
(1) A special assessment imposed and collected under section
7 of this chapter. However, a special assessment imposed and
collected under any other statute may not be deposited in the
fund.
(2) An appropriation to the fund, including an appropriation
made from taxes levied by a municipal legislative body for the
construction, repair, extension, or improvement of a sewage
works.
Sec. 6. (a) The legislative body of a municipality that establishes
a fund may appropriate money from the municipal general fund
and transfer the money to the fund.
(b) During the fiscal year in which a municipality establishes a
fund, the legislative body of the municipality may make an
emergency appropriation from the municipal general fund and
transfer the money to the fund.
Sec. 7. (a) A board may adopt an ordinance or a resolution to
appropriate money from funds under the board's control to pay for
all or part of the cost of the construction, repair, extension, or
improvement of a sewage works.
(b) Any costs not paid under subsection (a) must be paid by:
(1) an assessment imposed under subsection (c) against the
benefited properties; or
(2) a contract under IC 36-9-22.
Any interest or penalties attributable to an assessment under this
section must be deposited in the fund.
(c) The board may adopt a resolution to impose an assessment
to finance the construction, repair, extension, or improvement of a
sewage works. The assessment must be imposed and collected as
provided by the street and sewer improvement statutes.
Sec. 8. (a) A contract for the construction, repair, extension, or
improvement of a sewage works is subject to the statutes
authorizing municipalities to make and finance public
improvements.
(b) Upon awarding a contract for the construction, repair,
extension, or improvement of a sewage works under this chapter,
a board shall:
(1) carefully compute the entire cost of the construction,
repair, extension, or improvement, including payments to the
contractor and all incidental costs, expenses, and damages
paid and incurred according to law; and
(2) prepare and make out an assessment roll listing the
assessments against the properties benefited.
In determining and fixing the amount of assessments, the giving of
notice of assessments, the holding of public hearings, and the
making of final determinations, subject to the right of appeal from
those determinations, the board is governed by the street and sewer
improvement statutes.
(c) An assessment under this chapter is a lien against the
benefited property from the time of the letting of the contract and
shall be collected in the manner provided for collection of Barrett
Law assessments.
(d) The board shall fix a period of not more than twenty (20)
years within which the assessments shall be paid.
(e) A property owner liable for an assessment may execute a
waiver in the manner provided by the street and sewer
improvement statutes to pay the assessment in annual installments
over a period fixed by the board.
(f) All payments under this chapter are deposited into the fund.
SOURCE: IC 6-1.1-24-4.1; IC 6-1.1-24-5.5; IC 6-1.1-24-6.5.
; (06)CC110202.83. -->
SECTION 83. THE FOLLOWING ARE REPEALED
[EFFECTIVE JANUARY 1, 2007]: IC 6-1.1-24-4.1; IC 6-1.1-24-5.5;
IC 6-1.1-24-6.5.
SOURCE: IC 12-20-21-4; IC 12-20-23; IC 12-20-24-2; IC 12-20-24-
3; IC 12-20-24-4.
; (06)CC110202.84. -->
SECTION 84. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2006]: IC 12-20-21-4; IC 12-20-23;
IC 12-20-24-2; IC 12-20-24-3; IC 12-20-24-4.
SOURCE: ; (06)CC110202.85. -->
SECTION 85. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "member" refers to a person appointed under
subsection (c)(3) or (c)(4) or to a legislator whose district includes
all or part of Lake County, Porter County, LaPorte County, St.
Joseph County, or Elkhart County.
(b) The northwest Indiana transportation study commission is
established.
(c) The commission consists of fourteen (14) voting members
appointed as follows:
(1) Six (6) members of the senate, not more than three (3) of
whom may be members of the same political party, appointed
by the president pro tempore of the senate.
(2) Six (6) members of the house of representatives, not more
than three (3) of whom may be members of the same political
party, appointed by the speaker of the house of
representatives.
(3) One (1) individual who is not a legislator, appointed by the
northwestern Indiana regional planning commission.
(4) One (1) individual who is not a legislator, appointed by the
Michiana Area Council of Governments.
(d) The chairman of the legislative council shall select one (1)
member of the commission to serve as chairperson of the
commission, and the vice chairman of the legislative council shall
select one (1) member of the commission to serve as vice
chairperson of the commission.
(e) The commission shall:
(1) monitor the development of commuter transportation and
rail service in the Lowell-Chicago and Valparaiso-Chicago
corridors;
(2) study all aspects of regional mass transportation and road
and highway needs in Lake County, Porter County, LaPorte
County, St. Joseph County, and Elkhart County;
(3) study northwest Indiana transportation, infrastructure,
and economic development issues; and
(4) study other topics as assigned by the legislative council.
(f) The commission shall submit a final report of the
commission's findings and recommendations to the legislative
council before November 1, 2009. The report must be in an
electronic format under IC 5-14-6.
(g) The commission shall operate under the rules of the
legislative council.
(h) This SECTION expires November 2, 2009.
SOURCE: ; (06)CC110202.86. -->
SECTION 86.
An emergency is declared for this act.
(Reference is to EHB 1102 as reprinted February 28, 2006, and as
corrected under Senate rule 33(c) adopted March 1, 2006.)
Conference Committee Report
on
Engrossed House
Bill 1102
Text Box
S
igned by:
____________________________ ____________________________
Representative Ayres Senator Lawson C
Chairperson
____________________________ ____________________________
Representative Stevenson Senator Lewis
House Conferees Senate Conferees