HB 1001-.006_ Filed 01/22/2008, 07:02 Noe
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that House Bill 1001 be amended to read as follows:
SOURCE: Page 12, line 3; (08)MO1001107.12. -->
Page 12, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 5-1-14-1; (08)MO1001107.8. -->
"SECTION 8. IC 5-1-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 1. (a) Any bonds,
notes, or warrants, whether payable from property taxes, revenues, or
any other source, are not subject to the maximum interest rate
limitations contained in any law enacted before December 31, 1982, if
they are issued by or in the name of any entity named in IC 5-1-1-1.
(b) After July 1, 1979, any bond, coupon, certificate of
indebtedness, or installment payment payable by a city, town, or
property holder for public improvements under the Barrett Law is not
subject to any maximum interest rate limitation. This subsection does
not apply to interest rates or penalties on delinquencies provided under
the Barrett Law.
(c) This section does not limit an interest rate review conducted by
the department of local government finance under IC 6-1.1-20-7.".
SOURCE: Page 113, line 21; (08)MO1001107.113. -->
Page 113, between lines 21 and 22, begin a new paragraph and
insert:
SOURCE: IC 6-1.1-18.5-9.7; (08)MO1001107.126. -->
"SECTION 126. IC 6-1.1-18.5-9.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 9.7. (a) The ad
valorem property tax levy limits imposed by section 3 of this chapter
do not apply to ad valorem property taxes imposed under any of the
following:
(1) IC 12-16, except IC 12-16-1.
(2) IC 12-19-5.
(3) IC 12-19-7.
(4) IC 12-19-7.5.
(5) IC 12-20-24.
(b) For purposes of computing the ad valorem property tax levy
limits imposed under section 3 of this chapter, a county's or township's
ad valorem property tax levy for a particular calendar year does not
include that part of the levy imposed under the citations listed in
subsection (a).
(c) Section 8(b) of this chapter does not apply to bonded
indebtedness that will be repaid through property taxes imposed under
IC 12-19.".
SOURCE: Page 115, line 19; (08)MO1001107.115. -->
Page 115, between lines 19 and 20, begin a new paragraph and
insert:
SOURCE: IC 6-1.1-20-1.1; (08)MO1001107.130. -->
"SECTION 130. IC 6-1.1-20-1.1, AS AMENDED BY P.L.2-2006,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 1.1. (a) As used in this chapter, "controlled
project" means any project financed by bonds or a lease, except for the
following:
(1) A project for which the political subdivision reasonably
expects to pay:
(A) debt service; or
(B) lease rentals;
from funds other than property taxes that are exempt from the
levy limitations of IC 6-1.1-18.5 or IC 20-45-3. A project is not a
controlled project even though the political subdivision has
pledged to levy property taxes to pay the debt service or lease
rentals if those other funds are insufficient.
(2) A project that will not cost the political subdivision more than
two million dollars ($2,000,000).
(3) A project that is being refinanced for the purpose of providing
gross or net present value savings to taxpayers.
(4) A project for which bonds were issued or leases were entered
into before January 1, 1996, or where the state board of tax
commissioners has approved the issuance of bonds or the
execution of leases before January 1, 1996.
(5) A project that is required by a court order holding that a
federal law mandates the project.
(b) The term includes any capital project (as defined in
IC 6-1.1-29.5-1) for which a petition and remonstrance process is
initiated under section 3.4 of this chapter.
SOURCE: IC 6-1.1-20-1.3; (08)MO1001107.131. -->
SECTION 131. IC 6-1.1-20-1.3, AS AMENDED BY P.L.2-2006,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 1.3. As used in this chapter, "lease" means
a lease by a political subdivision of any:
(1) controlled project with lease rentals payable from property
taxes that are exempt from the levy limitations of IC 6-1.1-18.5 or
IC 20-45-3; or
(2) capital project (as defined in IC 6-1.1-29.5-1) for which a
petition and remonstrance process is initiated under section
3.4 of this chapter.
SOURCE: IC 6-1.1-20-3.2; (08)MO1001107.132. -->
SECTION 132. IC 6-1.1-20-3.2, AS AMENDED BY P.L.219-2007,
SECTION 61, AND AS AMENDED BY P.L.224-2007, SECTION 31,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 3.2. If a sufficient petition
requesting the application of a petition and remonstrance process has
been filed as set forth in section 3.1 of this chapter, a political
subdivision may not impose property taxes to pay debt service or lease
rentals without completing the following procedures:
(1) The proper officers of the political subdivision shall give
notice of the applicability of the petition and remonstrance
process by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the organizations described in section
3.1(1)(B) of this chapter.
A notice under this subdivision must include a statement that any
owners of real property
within the political subdivision or
registered voters residing within the political subdivision who
want to petition in favor of or remonstrate against the proposed
debt service or lease payments must file petitions and
remonstrances in compliance with subdivisions (2) through (4)
not earlier than thirty (30) days or later than sixty (60) days after
publication in accordance with IC 5-3-1.
(2) Not earlier than thirty (30) days or later than sixty (60) days
after the notice under subdivision (1) is given:
(A) petitions (described in subdivision (3)) in favor of the
bonds or lease; and
(B) remonstrances (described in subdivision (3)) against the
bonds or lease;
may be filed by an owner or owners of real property
within the
political subdivision or a registered voter residing within the
political subdivision. Each signature on a petition must be dated
and the date of signature may not be before the date on which the
petition and remonstrance forms may be issued under subdivision
(3). A petition described in clause (A) or a remonstrance
described in clause (B) must be verified in compliance with
subdivision (4) before the petition or remonstrance is filed with
the county
auditor voter registration office under subdivision (4).
(3) The state board of accounts shall design and, upon request by
the county
auditor, voter registration office, deliver to the county
auditor voter registration office or the county
auditor's voter
registration office's designated printer the petition and
remonstrance forms to be used solely in the petition and
remonstrance process described in this section. The county
auditor voter registration office shall issue to an owner or owners
of real property within the political subdivision or a registered
voter residing within the political subdivision the number of
petition or remonstrance forms requested by the owner or owners
or the registered voter. Each form must be accompanied by
instructions detailing the requirements that:
(A) the carrier and signers must be owners of real property or
registered voters;
(B) the carrier must be a signatory on at least one (1) petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature;
(D) govern the closing date for the petition and remonstrance
period; and
(E) apply to the carrier under section 10 of this chapter.
Persons requesting forms may not be required to identify
themselves as owners of real property or registered voters and
may be allowed to pick up additional copies to distribute to other
property owners or registered voters. Each person signing a
petition or remonstrance must indicate whether the person is
signing the petition or remonstrance as a registered voter within
the political subdivision or is signing the petition or
remonstrance as the owner of real property within the political
subdivision. A person who signs a petition or remonstrance as a
registered voter must indicate the address at which the person is
registered to vote. A person who signs a petition or remonstrance
as a real property owner must indicate the address of the real
property owned by the person in the political subdivision. The
county auditor voter registration office may not issue a petition
or remonstrance form earlier than twenty-nine (29) days after the
notice is given under subdivision (1). The county auditor voter
registration office shall certify the date of issuance on each
petition or remonstrance form that is distributed under this
subdivision.
(4) The petitions and remonstrances must be verified in the
manner prescribed by the state board of accounts and filed with
the county auditor voter registration office within the sixty (60)
day period described in subdivision (2) in the manner set forth in
section 3.1 of this chapter relating to requests for a petition and
remonstrance process.
(5) The county voter registration office shall determine whether
each person who signed the petition or remonstrance is a
registered voter. The county voter registration office shall not
more than fifteen (15) business days after receiving a petition or
remonstrance forward a copy of the petition or remonstrance to
the county auditor. Not more than ten (10) business days after
receiving the copy of the petition or remonstrance, the county
auditor shall provide to the county voter registration office a
statement verifying:
(A) whether a person who signed the petition or remonstrance
as a registered voter but is not a registered voter, as
determined by the county voter registration office, is the
owner of real property in the political subdivision; and
(B) whether a person who signed the petition or remonstrance
as an owner of real property within the political subdivision
does in fact own real property within the political subdivision.
(6) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (5) make the final determination of:
(A) the number of registered voters in the political subdivision
that signed a petition and, based on the statement provided by
the county auditor, the number of owners of real property
within the political subdivision that signed a petition; and
(B) the number of registered voters in the political subdivision
that signed a remonstrance and, based on the statement
provided by the county auditor, the number of owners of real
property within the political subdivision that signed a
remonstrance.
Whenever the name of an individual who signs a petition or
remonstrance as a registered voter contains a minor variation
from the name of the registered voter as set forth in the records
of the county voter registration office, the signature is presumed
to be valid, and there is a presumption that the individual is
entitled to sign the petition or remonstrance under this section.
Except as otherwise provided in this chapter, in determining
whether an individual is a registered voter, the county voter
registration office shall apply the requirements and procedures
used under IC 3 to determine whether a person is a registered
voter for purposes of voting in an election governed by IC 3.
However, an individual is not required to comply with the
provisions concerning providing proof of identification to be
considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition or remonstrance only one (1)
time in a particular petition and remonstrance process under this
chapter, regardless of whether the person owns more than one (1)
parcel of real property within the subdivision and regardless of
whether the person is both a registered voter in the political
subdivision and the owner of real property within the political
subdivision. Notwithstanding any other provision of this section,
if a petition or remonstrance is presented to the county voter
registration office within thirty-five (35) days before an election,
the county voter registration office may defer acting on the
petition or remonstrance, and the time requirements under this
section for action by the county voter registration office do not
begin to run until five (5) days after the date of the election.
(5) (7) The county auditor voter registration office must file a
certificate and the petition or remonstrance with the body of the
political subdivision charged with issuing bonds or entering into
leases within fifteen (15) thirty-five (35) business days of the
filing of a petition or remonstrance under subdivision (4),
whichever applies, containing ten thousand (10,000) signatures or
less. The county auditor voter registration office may take an
additional five (5) days to review and certify the petition or
remonstrance for each additional five thousand (5,000) signatures
up to a maximum of sixty (60) days. The certificate must state the
number of petitioners and remonstrators that are owners of real
property within the political subdivision and the number of
petitioners who are registered voters residing within the political
subdivision.
(6) (8) If a greater number of persons who are either owners of
real property within the political subdivision or registered voters
residing within the political subdivision sign a remonstrance than
the number that signed a petition, the bonds petitioned for may
not be issued or the lease petitioned for may not be entered into.
The proper officers of the political subdivision may not make a
preliminary determination to issue bonds or enter into a lease for
the controlled project defeated by the petition and remonstrance
process under this section or any other controlled project that is
not substantially different within one (1) year after the date of the
county auditor's voter registration office's certificate under
subdivision (5). (7). Withdrawal of a petition carries the same
consequences as a defeat of the petition.
(7) (9) After a political subdivision has gone through the petition
and remonstrance process set forth in this section, the political
subdivision is not required to follow any other remonstrance or
objection procedures under any other law (including section 5 of
this chapter) relating to bonds or leases designed to protect
owners of real property within the political subdivision from the
imposition of property taxes to pay debt service or lease rentals.
However, the political subdivision must still receive the approval
of the department of local government finance if required by:
(A) IC 6-1.1-18.5-8; or
(B) IC 20-46-7-8, IC 20-46-7-9, and IC 20-46-7-10.
county board of tax and capital projects review.
SOURCE: IC 6-1.1-20-3.3; (08)MO1001107.133. -->
SECTION 133. IC 6-1.1-20-3.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 3.3.
Notwithstanding any other law, a political subdivision may issue or
enter into obligations under any statute that requires or permits the
imposition of property taxes to pay debt service or lease rentals without
pledging to impose property taxes, if necessary, to pay the debt service
or lease rentals. If the proper officers of a political subdivision
determine to use revenues other than property taxes to pay obligations
without pledging to impose property taxes for that purpose, provisions
of any other statute relating to controlling property taxes (except
IC 6-1.1-29.5 and this chapter, if a political subdivision initiates a
petition and remonstrance process under section 3.4 of this
chapter) do not apply to the issuance of or entering into the
obligations.".
SOURCE: Page 118, line 7; (08)MO1001107.118. -->
Page 118, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 6-1.1-20-5; (08)MO1001107.135. -->
"SECTION 135. IC 6-1.1-20-5, AS AMENDED BY P.L.224-2007,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 5. (a) When the proper officers of a political
subdivision decide to issue bonds in a total amount which exceeds five
thousand dollars ($5,000), they shall give notice of the decision by:
(1) posting; and
(2) publication once each week for two (2) weeks.
The notice required by this section shall be posted in three (3) public
places in the political subdivision and published in accordance with
IC 5-3-1-4. The decision to issue bonds may be a preliminary decision.
(b) This subsection does not apply to bonds issued for a controlled
project approved after December 31, 2008, by a county board of tax
and capital projects review under IC 6-1.1-29.5. Ten (10) or more
taxpayers who will be affected by the proposed issuance of the bonds
and who wish to object to the issuance on the grounds that it is
unnecessary or excessive may file a petition in the office of the auditor
of the county in which the political subdivision is located. The petition
must be filed within fifteen (15) days after the notice required by
subsection (a) is given, and it must contain the objections of the
taxpayers and facts which show that the proposed issue is unnecessary
or excessive. When taxpayers file a petition in the manner prescribed
in this subsection, the county auditor shall immediately forward a
certified copy of the petition and any other relevant information to the
department of local government finance.".
SOURCE: Page 134, line 41; (08)MO1001107.134. -->
Page 134, between lines 41 and 42, begin a new paragraph and
insert:
SOURCE: IC 6-1.1-29.5-0.5; (08)MO1001107.147. -->
"SECTION 147. IC 6-1.1-29.5-0.5, AS ADDED BY P.L.224-2007,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 0.5. This chapter applies only to
a all capital
project that meets both of the following conditions:
(1) The capital project is a controlled project (as defined in
IC 6-1.1-20-1.1), except as provided in subdivision (2).
(2) Notwithstanding IC 6-1.1-20-1.1(2), the capital project will
cost the political subdivision more than seven million dollars
($7,000,000).
projects that a political subdivision or another body corporate and
politic reasonably expects to pay for or finance in any part from
revenues raised from property taxes, special benefit taxes, or taxes
imposed under IC 6-3.5, IC 6-6-9.5, IC 6-6-9.7, or IC 6-9.
SOURCE: IC 6-1.1-29.5-1.5; (08)MO1001107.148. -->
SECTION 148. IC 6-1.1-29.5-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 1.5. As used in this chapter,
"debt service obligations payable from assessments on property"
refers to:
(1) the principal and interest payable during a calendar year
on bonds; and
(2) lease rental payments payable during a calendar year on
leases;
of a political subdivision that are payable from ad valorem
property taxes or special benefit taxes.
SOURCE: IC 6-1.1-29.5-6; (08)MO1001107.149. -->
SECTION 149. IC 6-1.1-29.5-6, AS ADDED BY P.L.224-2007,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 6. (a) The department of local government
finance shall by rule prescribe the format of a capital projects plan. A
capital projects plan must apply to at least the five (5) years
immediately following the year the capital projects plan is adopted and
must include the following components for each year covered by the
capital projects plan:
(1) A general description of the political subdivision.
(2) A description of facilities owned by the political subdivision
and the use of the facilities.
(3) The location and general description of each proposed capital
project and the intended use of each proposed capital project.
(4) The estimated total cost of each proposed capital project.
(5) The estimated impact that:
(A) each proposed capital project; and
(B) all proposed capital projects, in the aggregate;
will have on tax rates.
(6) A schedule of the estimated aggregate tax impact of all
debt and lease obligations for capital projects that the
political subdivision has previously incurred for each year
over the term that payments will be made to pay for the
capital projects or to pay debt and lease obligations related to
the capital project.
(5) (7) Identification of all sources of funds expected to be used
for each proposed capital project.
(6) (8) The planning, development, and construction schedule of
each proposed capital project.
(7) (9) Any other element required by the department of local
government finance.
(b) The department of local government finance shall by rule
establish a procedure for amendment of a capital projects plan in the
case of an emergency.
SOURCE: IC 6-1.1-29.5-11; (08)MO1001107.150. -->
SECTION 150. IC 6-1.1-29.5-11, AS ADDED BY P.L.224-2007,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 11. (a) Before the fiscal body of a political
subdivision may submit a capital project described in section 10 of this
chapter to the review board, the fiscal body shall:
(1) hold a public hearing on the proposed capital project; and
(2) prepare a feasibility study that supports the scope and cost of
the proposed capital project.
Before a public hearing on a proposed capital project is held by the
fiscal body of a political subdivision under this section, the fiscal body
shall publish a description of the proposed capital project and a notice
of the hearing in accordance with IC 5-3-1-2(b).
(b) The hearing notice published under subsection (a) must:
(1) indicate that the proposed capital project is part of the
political subdivision's capital project plan;
(2) indicate where the capital projects plan can be obtained;
and
(3) provide schedules describing the estimated impact that the
particular proposed project and the estimated aggregate
impact that all capital projects covered by the political
subdivision's capital project plans will have on tax rates over
the term that payments will be made to pay for the capital
projects or repay debt service obligations related to the
capital project.
(b) (c) The fiscal body of a political subdivision may consider
multiple capital projects at a public hearing held under this section.
(c) (d) When the fiscal body of a political subdivision holds a public
hearing under this section, the fiscal body shall allow any person an
opportunity to be heard in the presence of others who are present to
testify with respect to the proposed capital project. However, the fiscal
body may limit testimony at a public hearing to a reasonable time
stated at the opening of the public hearing.
(d) (e) After holding a public hearing under this section and
considering all information submitted by persons testifying at the
hearing, the fiscal body of a political subdivision may adopt an
ordinance or resolution requesting approval of the proposed capital
project by the review board. The fiscal body shall immediately transmit
a copy of the ordinance or resolution to the review board. If the
political subdivision contains territory in more than one (1) county, the
fiscal body shall transmit a copy of the ordinance or resolution to the
review board of each of those counties.
SOURCE: IC 6-1.1-29.5-13; (08)MO1001107.151. -->
SECTION 151. IC 6-1.1-29.5-13, AS ADDED BY P.L.224-2007,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 13. (a) After considering all information
submitted at the hearing under section 12 of this chapter by the fiscal
body of the political subdivision and by persons testifying at the
hearing, the review board may approve or disapprove a proposed
capital project. The review board may consider the following factors
when reviewing a proposed capital project:
(1) The age, condition, and adequacy of existing facilities.
(2) The cost per square foot of the proposed capital project.
(3) The estimated impact that the proposed capital project
would have on tax rates.
(4) The estimated aggregate impact that all proposed capital
projects would have on tax rates.
(3) (5) The relative priority the proposed capital project should
have among other capital projects proposed within the county .
(4) (6) The estimated impact the proposed capital project would
have on tax rates.
(5) (7) Any other factors considered pertinent by the review
board.
(b) The review board may not approve a proposed capital
project for which a political subdivision reasonably expects to
enter into debt service obligations payable from assessments on
property if the resulting combined property tax and special benefit
tax rate for the proposed debt service obligations and all debt
service obligations payable from assessments on property in any
taxing district that includes the political subdivision would be
seventy cents ($0.70) or more in any year over the term of the
proposed debt service obligations under the following method of
calculation:
(1) The total payable for the proposed debt service obligations
for the capital project is amortized in equal semi-annual
installments over the term of the proposed debt service
obligations.
(2) The combined property tax and special benefit rate is
based on the assessed value of the taxable property in the
taxing district, as determined for the last assessment date that
precedes the public hearing at which the review board
considers the proposed capital project by at least ninety (90)
days, beginning in the year immediately following the year the
capital project is first placed in service.
(b) (c) A review board may not disapprove a proposed capital
project that is required by a court order.
(c) (d) If a review board does not issue a decision with respect to a
proposed capital project within ninety (90) days after the review board's
receipt of the plan of the capital project under section 11 of this
chapter, the capital project is considered approved by the review board
as submitted.
(d) (e) If a proposed capital project is submitted to the review boards
of two (2) or more counties as required by section 10(b) of this chapter
and the project is disapproved by any of the review boards, the project
is considered to be disapproved.
(e) (f) All orders of the review board under this section shall be filed
with the affected political subdivision and with the department of local
government finance.
SOURCE: IC 6-1.1-29.5-14; (08)MO1001107.152. -->
SECTION 152. IC 6-1.1-29.5-14, AS ADDED BY P.L.224-2007,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 14. If the review board disapproves a capital
project under section 13 of this chapter, the political subdivision that
proposed the project may take any action under section 10(a)(2) of this
chapter with regard to the capital project if:
(1) not more than sixty (60) days after the review board's
disapproval, the political subdivision initiates the a petition and
remonstrance process under IC 6-1.1-20-3.4; and
(2) the capital project is approved in the petition and
remonstrance process under IC 6-1.1-20.".
SOURCE: Page 150, line 41; (08)MO1001107.150. -->
Page 150, between lines 41 and 42, begin a new paragraph and
insert:
SOURCE: IC 6-1.1-37-1; (08)MO1001107.177. -->
"SECTION 177. IC 6-1.1-37-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 1. An officer of
state or local government who recklessly violates or fails to perform a
duty imposed on him the officer under:
(1) IC 6-1.1-10-1(b);
(2) IC 6-1.1-12-6;
(3) IC 6-1.1-12-7;
(4) IC 6-1.1-12-8 (repealed);
(5) IC 6-1.1-17-1;
(6) IC 6-1.1-17-3(a);
(7) IC 6-1.1-17-5(d)(1);
(8) IC 6-1.1-18-1;
(9) IC 6-1.1-18-5;
(10) IC 6-1.1-18-6;
(11) IC 6-1.1-20-5;
(12) IC 6-1.1-20-6;
(13) IC 6-1.1-20-7;
(14) (12) IC 6-1.1-30-14; or
(15) (13) IC 6-1.1-36-13;
commits a Class A misdemeanor. In addition, the officer is liable for
the damages sustained by a person as a result of the officer's violation
of the provision or the officer's failure to perform the duty.".
SOURCE: Page 215, line 42; (08)MO1001107.215. -->
Page 215, after line 42, begin a new paragraph and insert:
SOURCE: IC 8-14-9-10; (08)MO1001107.218. -->
"SECTION 218. IC 8-14-9-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 10. (a) Subject to
the limitations imposed by this section, the local county road and
bridge board may issue bonds in the name of the qualified county for
the benefit of the local county road and bridge district. The bonds shall
be issued for the purpose of raising money to acquire lands or
rights-of-way, and to pay for any capital improvement, necessary for
the construction, reconstruction, or operation of roads or bridges, or
both, within the district. The local county road and bridge board may
appropriate the proceeds of the bonds.
(b) The amount of bonds to be issued may not exceed the estimated
cost of:
(1) all lands and rights-of-way to be acquired;
(2) capital improvements;
(3) supervision and inspection fees during the period of
construction or reconstruction;
(4) programming, planning, and designing the capital
improvements; and
(5) all necessary expenses, including publication of notices,
engineering fees, architectural fees, and legal fees, incurred in
acquiring property, letting contracts, and selling bonds for the
project.
The amount of bonds issued for the project may not exceed the
estimated cost determined under section 5(b) of this chapter. In
addition, the amount of outstanding bonds issued by a county under
this chapter may not exceed two percent (2%) of the adjusted value of
taxable property located within the local county road and bridge district
as determined under IC 36-1-15.
(c) The local county road and bridge board may issue bonds under
this chapter only if the issuance of those bonds has been approved by
(1) the county council of the qualified county. and
(2) the department of local government finance as required by
IC 6-1.1-18.5-8.
(d) A local county road and bridge board may issue bonds under this
chapter only if:
(1) the county motor vehicle excise surtax (IC 6-3.5-4) and the
county wheel tax (IC 6-3.5-5) are in effect in the county in which
the local county road and bridge district is located;
(2) the county motor vehicle excise surtax is being imposed at the
maximum allowable rate; and
(3) the county in which the local county road and bridge district
is located has not obtained a loan under IC 8-14-8.
(e) No bonds may be issued under this section after June 30, 1984.".
SOURCE: Page 216, line 31; (08)MO1001107.216. -->
Page 216, between lines 31 and 32, begin a new paragraph and
insert:
SOURCE: IC 20-26-7-17; (08)MO1001107.221. -->
"SECTION 221. IC 20-26-7-17, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 17. (a) A school corporation may:
(1) purchase buildings or lands, or both, for school purposes; and
(2) improve the buildings or lands, or both.
(b) An existing building, other than a building obtained under
IC 5-17-2 (before its repeal) or IC 4-13-1.7, permitting the purchase of
suitable surplus government buildings, may not be purchased for use
as a school building unless the building was originally constructed for
use by the school corporation and used for that purpose for at least five
(5) years preceding the acquisition as provided in this section through
section 19 of this chapter.
(c) Notwithstanding this section through section 19 of this chapter
limiting the purchase of school buildings, a school corporation may:
(1) purchase suitable buildings or lands, or both, adjacent to
school property for school purposes; and
(2) improve the buildings or lands, or both, after giving notice to
the taxpayers of the intention of the school corporation to
purchase.
The taxpayers of the school corporation have the same right of appeal
to the department of local government finance under the same
procedure as provided for in IC 6-1.1-20-5 through IC 6-1.1-20-6.".
SOURCE: Page 226, line 8; (08)MO1001107.226. -->
Page 226, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 36-1-15-3; (08)MO1001107.231. -->
"SECTION 231. IC 36-1-15-3, AS AMENDED BY P.L.2-2006,
SECTION 191, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 3. The department of local
government finance shall compute, in conjunction with the approvals
required under
(1) IC 6-1.1-18.5-8(b); and
(2) IC 20-46-7-8, IC 20-46-7-9, and IC 20-46-7-10;
IC 6-1.1-29.5, an adjusted value of the taxable property within each
political subdivision. The department of local government finance may
request a certification of net assessed valuation from the county auditor
in order to make a calculation under this section.".
SOURCE: Page 240, line 31; (08)MO1001107.240. -->
Page 240, between lines 31 and 32, begin a new paragraph and
insert:
SOURCE: IC 36-7-29-16; (08)MO1001107.250. -->
"SECTION 250. IC 36-7-29-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 16. (a) District
bonds may be issued by a board under this chapter without following
any procedures set forth in any other statute except that the board must:
(1) adopt a bond resolution after a public hearing following public
notice of the hearing published in accordance with IC 5-3-1;
(2) publish notice of the determination to issue district bonds in
accordance with IC 6-1.1-20-5;
and
(3) obtain the approval for the appropriation of the proceeds of the
district bonds as set forth in IC 6-1.1-18-5 if the appropriation is
an additional appropriation.
and
(4) obtain the approval of the department of local government
finance for a tax levy under IC 6-1.1-18.5-8.
(b) The bond resolution must contain a finding that substance
removal or remedial action at the qualified site will be of public utility
and benefit because the conditions at the qualified site are detrimental
to the social and economic interests of the district.".
SOURCE: Page 244, line 2; (08)MO1001107.244. -->
Page 244, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 36-9-15-10; (08)MO1001107.254. -->
"SECTION 254. IC 36-9-15-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 10. (a) The county
fiscal body may establish a debt service fund for the payment of:
(1) a debt or other obligation arising out of money borrowed or
advanced for a jail that it purchases from the proceeds of a bond
issue for capital construction under IC 36-2-6-18; or
(2) a lease to provide capital construction under IC 36-1-10.
(b) The county fiscal body shall levy a tax each year in an amount
sufficient to pay all debt service obligations for jails for that year.
IC 6-1.1-18.5-8 applies to such a tax levy.
SOURCE: IC 6-1.1-18.5-8; IC 6-1.1-20-6; IC 6-1.1-20-7; IC 20-46-7-8;
IC 20-46-7-9; IC 20-46-7-10; IC 20-46-7-11; IC 20-46-7-14.".
; (08)MO1001107.255. -->
SECTION 255. THE FOLLOWING ARE REPEALED
[EFFECTIVE JANUARY 1, 2009]: IC 6-1.1-18.5-8; IC 6-1.1-20-6;
IC 6-1.1-20-7; IC 20-46-7-8; IC 20-46-7-9; IC 20-46-7-10;
IC 20-46-7-11; IC 20-46-7-14.".
SOURCE: Page 244, line 26; (08)MO1001107.244. -->
Page 244, between lines 26 and 27, begin a new paragraph and
insert:
SOURCE: ; (08)MO1001107.256. -->
"SECTION 256. [EFFECTIVE JULY 1, 2008]
IC 5-1-14-1,
IC 6-1.1-18.5-9.7, IC 6-1.1-20-1.1, IC 6-1.1-20-1.3, IC 6-1.1-20-3.2,
IC 6-1.1-20-3.3, IC 6-1.1-20-5, IC 6-1.1-29.5-0.5, IC 6-1.1-29.5-6,
IC 6-1.1-29.5-11, IC 6-1.1-29.5-13, IC 6-1.1-29.5-14, IC 6-1.1-37-1,
IC 8-14-9-10, IC 20-26-7-17, IC 36-1-15-3, IC 36-7-29-16, and
IC 36-9-15-10, all as amended by this act, and IC 6-1.1-29.5-1.5, as
added by this act, do not apply to any of the following:
(1) The issuance of bonds or other obligations or the entering
into a lease, if the preliminary determination to issue the
bonds or other obligations or to enter into the lease is made
before January 1, 2009.
(2) The construction of a capital project, if the construction
begins before January 1, 2009.
(3) The entering into a contract for the construction of a
capital project, if the contract is entered into before January
1, 2009.
(4) The procuring of supplies necessary for construction of a
capital project, if the supplies are procured or a contract for
the procuring of the supplies is entered into before January 1,
2009.
(5) The construction of a capital project, the entering into a
contract for the construction of a capital project, or the
procuring of supplies necessary for the construction of a
capital project, if:
(A) the issuance of bonds or other obligations; or
(B) the entering into a lease;
to finance the capital project has been approved by the
department of local government finance under IC 6-1.1-18.5-8
or IC 20-46-7 before January 1, 2009.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1001 as printed January 17, 2008.)
________________________________________
MO1001107/DI 44 2008