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Indiana House Bill HB1331

Indiana 2023 Regular Session

Indiana House Bill HB1331 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1331
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 8-25-6.
77 Synopsis: Plainfield participation in public transit project. Allows the
88 town of Plainfield to be a part of central Indiana transportation projects
99 without Hendricks County participating. Provides that if a resolution
1010 is adopted, the amount of the certified distribution attributable to the
1111 additional tax rate imposed must be: (1) received by the county auditor;
1212 (2) distributed to the town of Plainfield for deposit into a separate fund
1313 titled the town of Plainfield public transportation fund; and (3) used for
1414 certain purposes instead of as a property tax replacement distribution.
1515 Makes conforming changes.
1616 Effective: July 1, 2023.
1717 May
1818 January 12, 2023, read first time and referred to Committee on Roads and Transportation.
1919 2023 IN 1331—LS 6561/DI 134 Introduced
2020 First Regular Session of the 123rd General Assembly (2023)
2121 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2222 Constitution) is being amended, the text of the existing provision will appear in this style type,
2323 additions will appear in this style type, and deletions will appear in this style type.
2424 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2525 provision adopted), the text of the new provision will appear in this style type. Also, the
2626 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2727 a new provision to the Indiana Code or the Indiana Constitution.
2828 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2929 between statutes enacted by the 2022 Regular Session of the General Assembly.
3030 HOUSE BILL No. 1331
3131 A BILL FOR AN ACT to amend the Indiana Code concerning
3232 transportation.
3333 Be it enacted by the General Assembly of the State of Indiana:
3434 1 SECTION 1. IC 8-25-6-2, AS AMENDED BY P.L.247-2017,
3535 2 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3636 3 JULY 1, 2023]: Sec. 2. (a) This subsection does not apply to townships
3737 4 located in Hendricks County. If:
3838 5 (1) the fiscal body of the county in which a township is located
3939 6 does not adopt an ordinance under IC 8-25-2-1; and
4040 7 (2) the township is adjacent to:
4141 8 (A) an eligible county in which:
4242 9 (i) a public transportation project has been approved under
4343 10 IC 8-25-2; or
4444 11 (ii) an ordinance described in IC 8-25-2 has been adopted;
4545 12 or
4646 13 (B) another township in which:
4747 14 (i) a public transportation project has been approved under
4848 15 this chapter; or
4949 16 (ii) a resolution described in this section has already been
5050 17 passed;
5151 2023 IN 1331—LS 6561/DI 134 2
5252 1 the fiscal body of the township may pass a resolution to place on the
5353 2 ballot a local public question on whether the fiscal body of the eligible
5454 3 county should be required to fund and carry out a public transportation
5555 4 project in the township.
5656 5 (b) This subsection applies to Guilford Township in Hendricks
5757 6 County. the town of Plainfield. The township town fiscal body may
5858 7 pass a resolution to place on the ballot a local public question on
5959 8 whether the township town fiscal body should be required to fund and
6060 9 carry out a public transportation project in the township. town.
6161 10 (c) The fiscal body of the township or town shall include in the
6262 11 resolution passed under subsection (a) or (b):
6363 12 (1) a description of the public transportation services that will be
6464 13 provided in the township or town through the proposed public
6565 14 transportation project; and
6666 15 (2) an estimate of each tax necessary to annually fund the public
6767 16 transportation project in the township or town.
6868 17 SECTION 2. IC 8-25-6-3, AS AMENDED BY P.L.197-2016,
6969 18 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7070 19 JULY 1, 2023]: Sec. 3. If the fiscal body of a township or town adopts
7171 20 a resolution under section 2 of this chapter, the township trustee or
7272 21 town clerk-treasurer shall certify a copy of the resolution to the
7373 22 department of local government finance, including the language for the
7474 23 question required by IC 8-25-2-3. The township trustee or town
7575 24 clerk-treasurer may modify the proposed local question as necessary
7676 25 to indicate that the local question concerns a public transportation
7777 26 project for the township or town. The department shall review the
7878 27 language for compliance with section 4 of this chapter, whichever is
7979 28 applicable to the eligible county, while taking into account any
8080 29 necessary modifications for the township or town. The department of
8181 30 local government finance may approve or reject the language. The
8282 31 department shall send its decision to the township trustee or town
8383 32 clerk-treasurer and the fiscal body of the township or town not more
8484 33 than ten (10) days after the resolution is submitted to the department.
8585 34 If the language is approved, the township trustee or town
8686 35 clerk-treasurer shall certify a copy of the resolution, including the
8787 36 language for the question and the department's approval, to the county
8888 37 election board of the eligible county.
8989 38 SECTION 3. IC 8-25-6-4, AS AMENDED BY P.L.197-2016,
9090 39 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9191 40 JULY 1, 2023]: Sec. 4. If the county election board of an eligible
9292 41 county receives from a township trustee or town clerk-treasurer a
9393 42 certified copy of the resolution adopted under section 2 of this chapter
9494 2023 IN 1331—LS 6561/DI 134 3
9595 1 and the approved language for the local public question, the county
9696 2 election board shall place the following question on the election ballot
9797 3 in accordance with IC 3-10-9:
9898 4 "Shall _________ County impose a local income tax rate, not to
9999 5 exceed a rate of _________ (insert recommended rate included in
100100 6 the ordinance authorizing the local public question), on the local
101101 7 taxpayers residing in ______________ Township to pay for
102102 8 improving or establishing public transportation service in
103103 9 ___________ Township through a public transportation project
104104 10 that _____________ (insert the description of the public
105105 11 transportation project set forth in the township or town resolution
106106 12 authorizing the local public question)?".
107107 13 SECTION 4. IC 8-25-6-5, AS ADDED BY P.L.153-2014,
108108 14 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
109109 15 JULY 1, 2023]: Sec. 5. If a township trustee or town clerk-treasurer
110110 16 certifies a resolution under section 3 of this chapter, the county election
111111 17 board shall place the local public question on the ballot at the next
112112 18 general election for which the question may be certified under
113113 19 IC 3-10-9-3 and for which all voters of the township or town are
114114 20 entitled to vote.
115115 21 SECTION 5. IC 8-25-6-6, AS ADDED BY P.L.153-2014,
116116 22 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
117117 23 JULY 1, 2023]: Sec. 6. After an election on the local public question,
118118 24 the circuit court clerk of the eligible county in which the township or
119119 25 town is located shall:
120120 26 (1) make a certified copy of the election returns; and
121121 27 (2) not later than five (5) days after the election, file the copy
122122 28 with:
123123 29 (A) the department of state revenue;
124124 30 (B) the fiscal body of the county; and
125125 31 (C) the fiscal body of the township or town.
126126 32 SECTION 6. IC 8-25-6-7, AS ADDED BY P.L.153-2014,
127127 33 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
128128 34 JULY 1, 2023]: Sec. 7. The local public question is approved by a
129129 35 township or town if a majority of the township voters or town voters
130130 36 voting on the local public question vote "yes". The local public
131131 37 question is defeated by a township or town if a majority of the
132132 38 township voters or town voters voting on the local public question
133133 39 vote "no".
134134 40 SECTION 7. IC 8-25-6-8, AS AMENDED BY P.L.203-2016,
135135 41 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
136136 42 JULY 1, 2023]: Sec. 8. If the local public question is defeated in a
137137 2023 IN 1331—LS 6561/DI 134 4
138138 1 township or town, the fiscal body of the township or town may adopt
139139 2 a resolution under section 2 of this chapter to place another local public
140140 3 question on the ballot as provided in this chapter at a subsequent
141141 4 general election in the township or town. However, a local public
142142 5 question may not be placed on the ballot in the township or town under
143143 6 this chapter more than two (2) times in any seven (7) year period.
144144 7 SECTION 8. IC 8-25-6-10, AS AMENDED BY P.L.247-2017,
145145 8 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146146 9 JULY 1, 2023]: Sec. 10. (a) If the voters of a township described in
147147 10 section 2(a)(2)(A)(i) or 2(a)(2)(B)(i) of this chapter approve a local
148148 11 public question under this chapter, the fiscal body of the eligible county
149149 12 in which the township is located shall adopt an ordinance under
150150 13 IC 6-3.6-6 to impose an additional local income tax rate, as permitted
151151 14 by IC 6-3.6-7-27, upon the local taxpayers residing in the township for
152152 15 the public transportation project in the township.
153153 16 (b) This subsection applies if the voters of a township described in
154154 17 section 2(a)(2)(A)(ii) or 2(a)(2)(B)(ii) of this chapter approve a local
155155 18 public question under this chapter and the voters in:
156156 19 (1) the eligible county described in section 2(a)(2)(A) of this
157157 20 chapter approve a local public question under IC 8-25-2; or
158158 21 (2) the township described in section 2(a)(2)(B) of this chapter
159159 22 approve a local public question under this chapter.
160160 23 The fiscal body of the eligible county in which the township is located
161161 24 shall adopt an ordinance under IC 6-3.6-6 to impose an additional local
162162 25 income tax rate, as permitted by IC 6-3.6-7-27, upon the local
163163 26 taxpayers residing in the township for the public transportation project
164164 27 in the township.
165165 28 (c) This subsection applies to Guilford Township in Hendricks
166166 29 County. the town of Plainfield. If the voters of the township town
167167 30 approve a local public question under this chapter, the township town
168168 31 fiscal body shall adopt a resolution to impose an additional local
169169 32 income tax rate upon the local taxpayers residing in the township town
170170 33 for the public transportation project in the township. town. A resolution
171171 34 adopted under this subsection must comply with the requirements of
172172 35 the department of local government finance and specify an additional
173173 36 tax rate to be imposed in the township town of at least one-tenth
174174 37 percent (0.1%), but not more than twenty-five hundredths percent
175175 38 (0.25%). If a resolution is adopted under this subsection, the amount of
176176 39 the certified distribution attributable to the additional tax rate imposed
177177 40 under this subsection must be:
178178 41 (1) retained received by the county auditor;
179179 42 (2) deposited in the county public transportation project fund
180180 2023 IN 1331—LS 6561/DI 134 5
181181 1 established under IC 8-25-3-7; distributed to the town of
182182 2 Plainfield for deposit into a separate fund titled the town of
183183 3 Plainfield public transportation fund; and
184184 4 (3) used for the purpose provided in this subsection instead of as
185185 5 a property tax replacement distribution.
186186 6 The tax rate under this subsection plus the tax rate under IC 6-3.6-6
187187 7 may not exceed the tax rate specified in IC 6-3.6-6-2. Notwithstanding
188188 8 IC 6-3.6-7-27, the Hendricks County fiscal body is not required under
189189 9 this section to adopt an ordinance under IC 6-3.6-7-27.
190190 10 SECTION 9. IC 8-25-6-12, AS AMENDED BY P.L.197-2016,
191191 11 SECTION 100, IS AMENDED TO READ AS FOLLOWS
192192 12 [EFFECTIVE JULY 1, 2023]: Sec. 12. A tax rate imposed under this
193193 13 chapter applies only to the local taxpayers who reside in a township or
194194 14 town in which the voters approve a local public question held under
195195 15 this chapter.
196196 16 SECTION 10. IC 8-25-6-13, AS ADDED BY P.L.153-2014,
197197 17 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
198198 18 JULY 1, 2023]: Sec. 13. IC 8-25-3-6 applies to a public transportation
199199 19 project authorized under this chapter in a township or town.
200200 20 SECTION 11. IC 8-25-6-14, AS AMENDED BY P.L.197-2016,
201201 21 SECTION 101, IS AMENDED TO READ AS FOLLOWS
202202 22 [EFFECTIVE JULY 1, 2023]: Sec. 14. Bonds issued with respect to a
203203 23 public transportation project in the township or town must be paid
204204 24 from tax revenue collected from local taxpayers who reside in the
205205 25 township or town.
206206 26 SECTION 12. IC 8-25-6-15, AS ADDED BY P.L.153-2014,
207207 27 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
208208 28 JULY 1, 2023]: Sec. 15. IC 36-9-2-2(b) and IC 36-9-2-2(c) apply to a
209209 29 public transportation project authorized under this chapter in a
210210 30 township or town.
211211 2023 IN 1331—LS 6561/DI 134