Bill Text: IN SB0098 | 2012 | Regular Session | Enrolled
Bill Title: County highway maintenance funding.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-14 - Signed by the Governor [SB0098 Detail]
Download: Indiana-2012-SB0098-Enrolled.html
Second Regular Session 117th General Assembly (2012)
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE ENROLLED ACT No. 98
AN ACT to amend the Indiana Code concerning transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-18-8-5; (12)SE0098.1.1. -->
SECTION 1. IC 8-18-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) Except as
provided in subsection (c), All expenses incurred in the maintenance
of county highways shall first be paid out of funds from the gasoline
tax, special fuel tax, and the motor vehicle registration fees that are
paid to the counties by the state. and from In addition, a county may
use funds derived from the:
(1) county motor vehicle excise surtax;
(2) county wheel tax;
(3) county adjusted gross income tax;
(4) county option income tax;
(5) riverboat admission tax (IC 4-33-12);or
(6) riverboat wagering tax (IC 4-33-13); or
(7) property taxes and miscellaneous revenue deposited in the county general fund.
(b) Except as provided in subsection (c), no ad valorem property tax
may be levied by any county for the maintenance of county highways,
except in an emergency and by unanimous vote of the county fiscal
body.
(c) The county fiscal body may appropriate money from the county
general fund to the county highway department to pay for employees'
personal services.
(1) county motor vehicle excise surtax;
(2) county wheel tax;
(3) county adjusted gross income tax;
(4) county option income tax;
(5) riverboat admission tax (IC 4-33-12);
(6) riverboat wagering tax (IC 4-33-13); or
(7) property taxes and miscellaneous revenue deposited in the county general fund.
SOURCE: IC 36-4-8-12; (12)SE0098.1.2. -->
SECTION 2. IC 36-4-8-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) This section
does not prohibit:
(1) the city works board from making long term contracts for utility services under IC 36-9; or
(2) a department from issuing bonds or other obligations authorized by law.
(b) Except as provided in subsection (c), a city department, officer, or employee may not obligate the city to any extent beyond the amount of money appropriated for that department, officer, or employee. An obligation made in violation of this section is void.
(c) A city department, officer, or employee may obligate the city beyond the amount of money appropriated for that department, officer, or employee if:
(1) the obligation is made under a multi-year interlocal cooperation agreement entered into by the city and one (1) or more political subdivisions or governmental entities under IC 36-1-7; and
(2) the agreement described in subdivision (1) is approved by the fiscal body of the city.
(d) An obligation described in subsection (c) may be terminated:
(1) if the city provides notice of the termination of the obligation at least one (1) year before the termination of the obligation; or
(2) the city and the political subdivisions or governmental entities that have entered into the interlocal cooperation agreement otherwise agree to the termination.
(1) the city works board from making long term contracts for utility services under IC 36-9; or
(2) a department from issuing bonds or other obligations authorized by law.
(b) Except as provided in subsection (c), a city department, officer, or employee may not obligate the city to any extent beyond the amount of money appropriated for that department, officer, or employee. An obligation made in violation of this section is void.
(c) A city department, officer, or employee may obligate the city beyond the amount of money appropriated for that department, officer, or employee if:
(1) the obligation is made under a multi-year interlocal cooperation agreement entered into by the city and one (1) or more political subdivisions or governmental entities under IC 36-1-7; and
(2) the agreement described in subdivision (1) is approved by the fiscal body of the city.
(d) An obligation described in subsection (c) may be terminated:
(1) if the city provides notice of the termination of the obligation at least one (1) year before the termination of the obligation; or
(2) the city and the political subdivisions or governmental entities that have entered into the interlocal cooperation agreement otherwise agree to the termination.
SEA 98 _ Concur
Figure
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