Introduced Version
HOUSE BILL No. 1331
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-25-6.
Synopsis: Plainfield participation in public transit project. Allows the
town of Plainfield to be a part of central Indiana transportation projects
without Hendricks County participating. Provides that if a resolution
is adopted, the amount of the certified distribution attributable to the
additional tax rate imposed must be: (1) received by the county auditor;
(2) distributed to the town of Plainfield for deposit into a separate fund
titled the town of Plainfield public transportation fund; and (3) used for
certain purposes instead of as a property tax replacement distribution.
Makes conforming changes.
Effective: July 1, 2023.
May
January 12, 2023, read first time and referred to Committee on Roads and Transportation.
2023 IN 1331—LS 6561/DI 134 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1331
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-25-6-2, AS AMENDED BY P.L.247-2017,
2 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 2. (a) This subsection does not apply to townships
4 located in Hendricks County. If:
5 (1) the fiscal body of the county in which a township is located
6 does not adopt an ordinance under IC 8-25-2-1; and
7 (2) the township is adjacent to:
8 (A) an eligible county in which:
9 (i) a public transportation project has been approved under
10 IC 8-25-2; or
11 (ii) an ordinance described in IC 8-25-2 has been adopted;
12 or
13 (B) another township in which:
14 (i) a public transportation project has been approved under
15 this chapter; or
16 (ii) a resolution described in this section has already been
17 passed;
2023 IN 1331—LS 6561/DI 134 2
1 the fiscal body of the township may pass a resolution to place on the
2 ballot a local public question on whether the fiscal body of the eligible
3 county should be required to fund and carry out a public transportation
4 project in the township.
5 (b) This subsection applies to Guilford Township in Hendricks
6 County. the town of Plainfield. The township town fiscal body may
7 pass a resolution to place on the ballot a local public question on
8 whether the township town fiscal body should be required to fund and
9 carry out a public transportation project in the township. town.
10 (c) The fiscal body of the township or town shall include in the
11 resolution passed under subsection (a) or (b):
12 (1) a description of the public transportation services that will be
13 provided in the township or town through the proposed public
14 transportation project; and
15 (2) an estimate of each tax necessary to annually fund the public
16 transportation project in the township or town.
17 SECTION 2. IC 8-25-6-3, AS AMENDED BY P.L.197-2016,
18 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 3. If the fiscal body of a township or town adopts
20 a resolution under section 2 of this chapter, the township trustee or
21 town clerk-treasurer shall certify a copy of the resolution to the
22 department of local government finance, including the language for the
23 question required by IC 8-25-2-3. The township trustee or town
24 clerk-treasurer may modify the proposed local question as necessary
25 to indicate that the local question concerns a public transportation
26 project for the township or town. The department shall review the
27 language for compliance with section 4 of this chapter, whichever is
28 applicable to the eligible county, while taking into account any
29 necessary modifications for the township or town. The department of
30 local government finance may approve or reject the language. The
31 department shall send its decision to the township trustee or town
32 clerk-treasurer and the fiscal body of the township or town not more
33 than ten (10) days after the resolution is submitted to the department.
34 If the language is approved, the township trustee or town
35 clerk-treasurer shall certify a copy of the resolution, including the
36 language for the question and the department's approval, to the county
37 election board of the eligible county.
38 SECTION 3. IC 8-25-6-4, AS AMENDED BY P.L.197-2016,
39 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 4. If the county election board of an eligible
41 county receives from a township trustee or town clerk-treasurer a
42 certified copy of the resolution adopted under section 2 of this chapter
2023 IN 1331—LS 6561/DI 134 3
1 and the approved language for the local public question, the county
2 election board shall place the following question on the election ballot
3 in accordance with IC 3-10-9:
4 "Shall _________ County impose a local income tax rate, not to
5 exceed a rate of _________ (insert recommended rate included in
6 the ordinance authorizing the local public question), on the local
7 taxpayers residing in ______________ Township to pay for
8 improving or establishing public transportation service in
9 ___________ Township through a public transportation project
10 that _____________ (insert the description of the public
11 transportation project set forth in the township or town resolution
12 authorizing the local public question)?".
13 SECTION 4. IC 8-25-6-5, AS ADDED BY P.L.153-2014,
14 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 5. If a township trustee or town clerk-treasurer
16 certifies a resolution under section 3 of this chapter, the county election
17 board shall place the local public question on the ballot at the next
18 general election for which the question may be certified under
19 IC 3-10-9-3 and for which all voters of the township or town are
20 entitled to vote.
21 SECTION 5. IC 8-25-6-6, AS ADDED BY P.L.153-2014,
22 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2023]: Sec. 6. After an election on the local public question,
24 the circuit court clerk of the eligible county in which the township or
25 town is located shall:
26 (1) make a certified copy of the election returns; and
27 (2) not later than five (5) days after the election, file the copy
28 with:
29 (A) the department of state revenue;
30 (B) the fiscal body of the county; and
31 (C) the fiscal body of the township or town.
32 SECTION 6. IC 8-25-6-7, AS ADDED BY P.L.153-2014,
33 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2023]: Sec. 7. The local public question is approved by a
35 township or town if a majority of the township voters or town voters
36 voting on the local public question vote "yes". The local public
37 question is defeated by a township or town if a majority of the
38 township voters or town voters voting on the local public question
39 vote "no".
40 SECTION 7. IC 8-25-6-8, AS AMENDED BY P.L.203-2016,
41 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2023]: Sec. 8. If the local public question is defeated in a
2023 IN 1331—LS 6561/DI 134 4
1 township or town, the fiscal body of the township or town may adopt
2 a resolution under section 2 of this chapter to place another local public
3 question on the ballot as provided in this chapter at a subsequent
4 general election in the township or town. However, a local public
5 question may not be placed on the ballot in the township or town under
6 this chapter more than two (2) times in any seven (7) year period.
7 SECTION 8. IC 8-25-6-10, AS AMENDED BY P.L.247-2017,
8 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 10. (a) If the voters of a township described in
10 section 2(a)(2)(A)(i) or 2(a)(2)(B)(i) of this chapter approve a local
11 public question under this chapter, the fiscal body of the eligible county
12 in which the township is located shall adopt an ordinance under
13 IC 6-3.6-6 to impose an additional local income tax rate, as permitted
14 by IC 6-3.6-7-27, upon the local taxpayers residing in the township for
15 the public transportation project in the township.
16 (b) This subsection applies if the voters of a township described in
17 section 2(a)(2)(A)(ii) or 2(a)(2)(B)(ii) of this chapter approve a local
18 public question under this chapter and the voters in:
19 (1) the eligible county described in section 2(a)(2)(A) of this
20 chapter approve a local public question under IC 8-25-2; or
21 (2) the township described in section 2(a)(2)(B) of this chapter
22 approve a local public question under this chapter.
23 The fiscal body of the eligible county in which the township is located
24 shall adopt an ordinance under IC 6-3.6-6 to impose an additional local
25 income tax rate, as permitted by IC 6-3.6-7-27, upon the local
26 taxpayers residing in the township for the public transportation project
27 in the township.
28 (c) This subsection applies to Guilford Township in Hendricks
29 County. the town of Plainfield. If the voters of the township town
30 approve a local public question under this chapter, the township town
31 fiscal body shall adopt a resolution to impose an additional local
32 income tax rate upon the local taxpayers residing in the township town
33 for the public transportation project in the township. town. A resolution
34 adopted under this subsection must comply with the requirements of
35 the department of local government finance and specify an additional
36 tax rate to be imposed in the township town of at least one-tenth
37 percent (0.1%), but not more than twenty-five hundredths percent
38 (0.25%). If a resolution is adopted under this subsection, the amount of
39 the certified distribution attributable to the additional tax rate imposed
40 under this subsection must be:
41 (1) retained received by the county auditor;
42 (2) deposited in the county public transportation project fund
2023 IN 1331—LS 6561/DI 134 5
1 established under IC 8-25-3-7; distributed to the town of
2 Plainfield for deposit into a separate fund titled the town of
3 Plainfield public transportation fund; and
4 (3) used for the purpose provided in this subsection instead of as
5 a property tax replacement distribution.
6 The tax rate under this subsection plus the tax rate under IC 6-3.6-6
7 may not exceed the tax rate specified in IC 6-3.6-6-2. Notwithstanding
8 IC 6-3.6-7-27, the Hendricks County fiscal body is not required under
9 this section to adopt an ordinance under IC 6-3.6-7-27.
10 SECTION 9. IC 8-25-6-12, AS AMENDED BY P.L.197-2016,
11 SECTION 100, IS AMENDED TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2023]: Sec. 12. A tax rate imposed under this
13 chapter applies only to the local taxpayers who reside in a township or
14 town in which the voters approve a local public question held under
15 this chapter.
16 SECTION 10. IC 8-25-6-13, AS ADDED BY P.L.153-2014,
17 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2023]: Sec. 13. IC 8-25-3-6 applies to a public transportation
19 project authorized under this chapter in a township or town.
20 SECTION 11. IC 8-25-6-14, AS AMENDED BY P.L.197-2016,
21 SECTION 101, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2023]: Sec. 14. Bonds issued with respect to a
23 public transportation project in the township or town must be paid
24 from tax revenue collected from local taxpayers who reside in the
25 township or town.
26 SECTION 12. IC 8-25-6-15, AS ADDED BY P.L.153-2014,
27 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2023]: Sec. 15. IC 36-9-2-2(b) and IC 36-9-2-2(c) apply to a
29 public transportation project authorized under this chapter in a
30 township or town.
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