Introduced Version




HOUSE BILL No. 1527

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-6-1-14.

Synopsis: Transfer of township territory. Provides that the area included within the corporate boundaries of the town of Griffith is transferred on January 1, 2012, from Calumet Township to St. John Township. Specifies that on January 1, 2012: (1) any real property of Calumet Township located within the corporate boundaries of the town of Griffith is transferred to and becomes the property of St. John Township; and (2) a proportionate share of the unencumbered balances of each fund of Calumet Township is transferred to St. John Township for deposit in the appropriate and corresponding fund of St. John Township. Provides that the taxpayers within the area transferred from Calumet Township to St. John Township remain liable for a proportionate share of the outstanding indebtedness, as of December 31, 2011, of Calumet Township. Requires the department of local government finance to adjust as necessary the budgets and property tax levies of St. John Township and Calumet Township to reflect the transfer of this area.

Effective: July 1, 2011.



Stevenson


    January 20, 2011, read first time and referred to Committee on Government and Regulatory Reform.




Introduced

First Regular Session 117th General Assembly (2011)


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. 1527


    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 36-6-1-14; (11)IN1527.1.1. -->     SECTION 1. IC 36-6-1-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14. (a) The boundaries of St. John Township and Calumet Township shall be adjusted on January 1, 2012, as provided in this section. This section provides complete authority for the adjustment of the township boundaries as provided in this section.
     (b) The area included within the corporate boundaries of the town of Griffith is on January 1, 2012, transferred from Calumet Township to St. John Township.
     (c) The boundaries of St. John Township and Calumet Township shall be adjusted on January 1, 2012, to account for the transfer under this section of the area included within the corporate boundaries of the town of Griffith.
     (d) The township boundary adjustment under this section is effective on January 1, 2012, without the necessity of any action by an officer or official of St. John Township, Calumet Township, or

Lake County.
    (e) On January 1, 2012, any real property of Calumet Township that is located within the corporate boundaries of the town of Griffith is transferred to and becomes the property of St. John Township.
    (f) On January 1, 2012, a proportionate share of the unencumbered balance of each fund of Calumet Township shall be transferred to St. John Township for deposit in the appropriate and corresponding fund of St. John Township. The amount to be transferred from each fund is equal to:
        (1) the total unencumbered balance of the fund as of December 31, 2011; multiplied by
        (2) a fraction equal to:
            (A) the total assessed value within the town of Griffith, as determined for the most recent assessment date before December 31, 2011; divided by
            (B) the total assessed value within Calumet Township, as determined for the most recent assessment date before December 31, 2011.
    (g) Any amounts transferred under subsection (f) from a debt service fund, a sinking fund, or a similar fund:
        (1) shall be deposited in the appropriate and corresponding fund of St. John Township; and
        (2) may be used only to pay the proportionate share of outstanding indebtedness under subsection (h).
     (h) The taxpayers within the area transferred from Calumet Township to St. John Township remain liable for a proportionate share of the outstanding indebtedness, as of December 31, 2011, of Calumet Township. The following apply to the payment of this outstanding indebtedness:
        (1) The amount that the taxpayers remain liable for is equal to:
            (A) the total amount of the outstanding indebtedness, as of December 31, 2011, of Calumet Township; multiplied by
            (B) a fraction equal to:
                (i) the total assessed value within the town of Griffith, as determined for the most recent assessment date before December 31, 2011; divided by
                (ii) the total assessed value within Calumet Township, as determined for the most recent assessment date before December 31, 2011.
        (2) Notwithstanding any other law or property tax limitation,

St. John Township shall levy property taxes as necessary to make annual debt payments under this subsection as the indebtedness becomes due. However, St. John Township may levy property taxes to pay the indebtedness only within the area transferred from Calumet Township to St. John Township under this section.
    (i) The department of local government finance shall do the following:
        (1) Determine which, if any, property shall be transferred under subsection (e).
        (2) Determine the amount of fund balances that shall be transferred under subsection (f).
        (3) Determine the amount of outstanding indebtedness for which taxpayers within the area transferred from Calumet Township to St. John Township remain liable under subsection (h).
        (4) Adjust as necessary the budgets and ad valorem property tax levies of:
            (1) St. John Township; and
            (2) Calumet Township;
        to reflect the transfer under this section of the area included within the corporate boundaries of the town of Griffith from Calumet Township to St. John Township.