IN SB0240 | 2010 | Regular Session


Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Engrossed on January 28 2010 - 50% progression, died in committee
Action: 2010-02-08 - First reading: referred to Committee on Government and Regulatory Reform
Pending: House Government and Regulatory Reform Committee
Text: Latest bill text (Amended) [HTML]


Specifies that in each county after December 31, 2012: (1) the county fiscal body is the fiscal body and legislative body of each township in the county; and (2) the county fiscal body shall exercise the legislative and fiscal powers assigned in the Indiana Code to township boards, including the authority to adopt the township's annual budget and to levy township property taxes for township funds. Provides that when formulating an annual budget, a township or (after December 31, 2012) the county fiscal body, must consider the ending balance that will remain in each township fund relative to: (1) the budgeted expenditures from the fund; (2) the fund balance that must be maintained by the township due to delayed property tax collections; and (3) the amount of tax anticipation notes or warrants or other obligations incurred by the township due to delayed property tax collections. Provides that if the township board (before January 1, 2013) or the county fiscal body (after December 31, 2012) determines that the ending balance in a township fund is excessive (after considering certain specified factors), the township board or county fiscal body shall transfer the excessive amount to the township's levy excess fund. Specifies that for township budgets adopted for 2011, 2012, and 2013, the total amount appropriated by a township board for a particular year may not exceed the result of: (1) the total amount appropriated by the township board for the previous year; multiplied by (2) the assessed value growth quotient applicable to the township for the particular year. Provides that if a township board determines after a public hearing that the township cannot carry out its governmental functions for a year under these appropriation limitations, the township board, after approval by the township executive, may appeal to the department of local government finance for relief from the appropriation limitations for the year. After December 31, 2012, requires the county fiscal body to consider with regard to a cumulative building fund or capital improvement fund, the township's capital improvement plan. Requires the department of local government finance to consider those issues when reviewing a township's budget, tax rate, and tax levy. Provides that after December 31, 2012, a township may only collect property taxes for a capital improvement fund in a particular year, if the township trustee prepares and the county fiscal body approves a proposed or amended capital improvement plan in the immediately preceding year. Provides that if a township reorganizes with at least one other township, and the resulting new political subdivision is not a city or town, after December 31, 2012, the county fiscal body is the fiscal body of the new political subdivision. Specifies that an individual who is a relative of an officer or employee of a township may not be employed by the township in a position in which the individual would have a direct supervisory or subordinate relationship with the officer or employee who is the individual's relative. Specifies that until January 1, 2015, this provision does not require the termination or reassignment of a township employee from a position held by that individual before July 1, 2010. Prohibits a township from entering into or renewing contracts with certain individuals or firms. Requires the state board of accounts to annually prepare a report that includes certain information regarding each township. Requires the report to be submitted to the executive director of the legislative services agency and to county councils. Specifies that each township office must include the address, phone number, and regular office hours (if any) of the township office in at least one local telephone directory. Requires a public meeting or a public hearing of a township official or governing body to be held in a public place. Requires a township trustee's annual report to list separately each expenditure that is made to reimburse the township trustee for the township trustee's use of tangible property (real and personal property) for public business, including any reimbursements made for the use of a private residence, personal telephone, or personal vehicle for public business. Provides that a fire department, volunteer fire department, or emergency medical services provider that provides fire protection or emergency medical services within the county and is operated by or serves a political subdivision that is not entitled to receive a distribution of the public safety LOIT tax revenue may apply to the county council (in a CAGIT county) or the county income tax council (in a COIT county) for a distribution of the tax revenue. Provides that the county council or county income tax council may adopt a resolution requiring that one or more of the applicants shall receive a specified amount of the public safety LOIT tax revenue. Requires that any public safety LOIT tax revenue distributed in this manner shall be distributed before the remainder of the tax revenue is distributed to the county and to the municipalities in the county.

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2010-02-08 First reading: referred to Committee on Government and Regulatory Reform
2010-01-28 Cosponsors: Reps. Stevenson, Torr and Borror
2010-01-28 House sponsor: Rep. DeLaney
2010-01-28 Referred to the House
2010-01-28 Third reading: passed; Roll Call 72: Yeas 29 and Nays 19
2010-01-26 Amendment 8 (R. Young), failed; Voice Vote
2010-01-26 Amendment 10 (R. Young), failed; Roll Call 45: Yeas 15, Nays 34
2010-01-26 Amendment 12 (Hershman), prevailed; Voice Vote
2010-01-26 Amendment 2 (Leising), failed; Division of the Senate: Yeas 23, Nays 26
2010-01-26 Amendment 6 (Lawson), prevailed; Voice Vote
2010-01-26 Second reading: amended, ordered engrossed
2010-01-26 Senator R. Young added as coauthor
2010-01-14 Committee report: amend do pass, adopted
2010-01-11 Senator Gard added as second author
2010-01-11 First reading: referred to Committee on Local Government
2010-01-11 Authored by Senator Lawson

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