Introduced Version






HOUSE BILL No. 1399

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 6-6-1.1-801.5; IC 8-16-3-3.

Synopsis: Gasoline tax distributions. Allocates one-ninth of the gasoline tax revenue to each county to replace property tax revenue for the county's cumulative bridge fund beginning in 2010. Bases each county's share on the county's 2008 cumulative bridge fund levy. Eliminates the county cumulative bridge fund property tax levy beginning in 2010.

Effective: January 1, 2010.





Grubb




    January 13, 2009, read first time and referred to Committee on Roads and Transportation.







Introduced

First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1399



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-6-1.1-801.5; (09)IN1399.1.1. -->     SECTION 1. IC 6-6-1.1-801.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2010]: Sec. 801.5. (a) The administrator shall transfer:
         (1) one-ninth (1/9) of the taxes that are collected under this chapter to the state highway road construction and improvement fund; and
        (2) one-ninth (1/9) of the taxes that are collected under this chapter to the auditor of state for distribution to counties that in 2008 levied a property tax for the county's cumulative bridge fund. The amount of the distribution to each county for a year is equal to its pro rata share of the total taxes. A county's pro rata share shall be determined by using one hundred percent (100%) of each county's 2008 certified budget levy for the county's cumulative bridge fund under IC 8-16-3 compared to the sum of these levies for all counties. One-twelfth (1/12) of each county's annual amount shall be distributed before the fifth business day of each month. The

county shall deposit the distribution in the county's cumulative bridge fund established under IC 8-16-3 and may use the money only for purposes permitted by IC 8-16-3.
    (b) The administrator shall transfer one-eighteenth (1/18) of the taxes that are collected under this chapter to the state highway fund.
    (c) The administrator shall transfer one-eighteenth (1/18) of the taxes that are collected under this chapter to the auditor of state for distribution to counties, cities, and towns. The auditor of state shall distribute the amounts transferred under this subsection to each of the counties, cities, and towns eligible to receive a distribution from the motor vehicle highway account under IC 8-14-1 and in the same proportion among the counties, cities, and towns as funds are distributed from the motor vehicle highway account under IC 8-14-1. Money distributed under this subsection may be used only for purposes that money distributed from the motor vehicle highway account may be expended under IC 8-14-1.
    (d) After the transfers required by subsections (a) through (c), the administrator shall transfer the next twenty-five million dollars ($25,000,000) of the taxes that are collected under this chapter and received during a period beginning July 1 of a year and ending June 30 of the immediately succeeding year to the auditor of state for distribution in the following manner:
        (1) thirty percent (30%) to each of the counties, cities, and towns eligible to receive a distribution from the local road and street account under IC 8-14-2 and in the same proportion among the counties, cities, and towns as funds are distributed under IC 8-14-2-4;
        (2) thirty percent (30%) to each of the counties, cities, and towns eligible to receive a distribution from the motor vehicle highway account under IC 8-14-1 and in the same proportion among the counties, cities, and towns as funds are distributed from the motor vehicle highway account under IC 8-14-1; and
        (3) forty percent (40%) to the Indiana department of transportation.
    (e) The auditor of state shall hold all amounts of collections received under subsection (d) from the administrator that are made during a particular month and shall distribute all of those amounts pursuant to subsection (d) on the fifth day of the immediately succeeding month.
    (f) All amounts distributed under subsection (d) may only be used for purposes that money distributed from the motor vehicle highway account may be expended under IC 8-14-1.


SOURCE: IC 8-16-3-3; (09)IN1399.1.2. -->     SECTION 2. IC 8-16-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2010]: Sec. 3. (a) To provide for the cumulative bridge fund, county executives and municipal legislative bodies may levy a tax in compliance with IC 6-1.1-41 not to exceed ten cents ($0.10) on each one hundred dollars ($100) assessed valuation of all taxable personal and real property within the county or municipality.
    (b) The tax, when collected, shall be held in a special fund to be known as the bridge fund.
    (c) An appropriation from the bridge fund may be made without the approval of the department of local government finance if:
        (1) the county executive requests the appropriation; and
        (2) the appropriation is for the purpose of constructing, maintaining, or repairing bridges, approaches, or grade separations.