1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1251 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 36-7-7.6-18. |
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7 | 7 | | Synopsis: Adjusting county portion of NIRPC budget. Requires the |
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8 | 8 | | northwestern Indiana regional planning commission (NIRPC), |
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9 | 9 | | beginning with NIRPC's 2026 budget and for each year thereafter, to |
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10 | 10 | | annually adjust each participating county's portion of the budget for the |
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11 | 11 | | ensuing year by the greater of the following: (1) The annual percentage |
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12 | 12 | | change in the Consumer Price Index for all Urban Consumers. (2) The |
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13 | 13 | | participating county's maximum levy growth quotient for the ensuing |
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14 | 14 | | year. |
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15 | 15 | | Effective: July 1, 2024. |
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16 | 16 | | Slager |
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17 | 17 | | January 9, 2024, read first time and referred to Committee on Ways and Means. |
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18 | 18 | | 2024 IN 1251—LS 6916/DI 87 Introduced |
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19 | 19 | | Second Regular Session of the 123rd General Assembly (2024) |
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20 | 20 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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21 | 21 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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22 | 22 | | additions will appear in this style type, and deletions will appear in this style type. |
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23 | 23 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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24 | 24 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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25 | 25 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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26 | 26 | | a new provision to the Indiana Code or the Indiana Constitution. |
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27 | 27 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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28 | 28 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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29 | 29 | | HOUSE BILL No. 1251 |
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30 | 30 | | A BILL FOR AN ACT to amend the Indiana Code concerning local |
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31 | 31 | | government. |
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32 | 32 | | Be it enacted by the General Assembly of the State of Indiana: |
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33 | 33 | | 1 SECTION 1. IC 36-7-7.6-18, AS AMENDED BY P.L.197-2016, |
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34 | 34 | | 2 SECTION 124, IS AMENDED TO READ AS FOLLOWS |
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35 | 35 | | 3 [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) The commission shall |
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36 | 36 | | 4 prepare and adopt an annual appropriation budget for its operation. The |
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37 | 37 | | 5 appropriation budget shall be apportioned to each participating county |
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38 | 38 | | 6 on a pro rata per capita basis. After adoption of the appropriation |
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39 | 39 | | 7 budget, any amount that does not exceed an amount for each |
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40 | 40 | | 8 participating county equal to seventy cents ($0.70) one dollar and fifty |
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41 | 41 | | 9 cents ($1.50) per capita for each participating county shall be certified |
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42 | 42 | | 10 to the respective county auditor. |
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43 | 43 | | 11 (b) Beginning in 2025 for the ensuing year and each year |
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44 | 44 | | 12 thereafter, the commission shall adjust a participating county's |
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45 | 45 | | 13 portion of the commission's appropriation budget for the ensuing |
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46 | 46 | | 14 year by the greater of the following: |
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47 | 47 | | 15 (1) The annual percentage change in the Consumer Price |
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48 | 48 | | 16 Index for all Urban Consumers as published by the United |
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49 | 49 | | 17 States Bureau of Labor Statistics for the year preceding the |
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50 | 50 | | 2024 IN 1251—LS 6916/DI 87 2 |
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51 | 51 | | 1 ensuing year. |
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52 | 52 | | 2 (2) The participating county's maximum levy growth quotient |
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53 | 53 | | 3 for the ensuing year as determined under IC 6-1.1-18.5-2. |
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54 | 54 | | 4 Not later than August 1 of each year, the department of local |
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55 | 55 | | 5 government finance shall provide to the commission the value of |
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56 | 56 | | 6 each participating county's maximum levy growth quotient under |
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57 | 57 | | 7 IC 6-1.1-18.5-2 for the ensuing year. |
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58 | 58 | | 8 (b) (c) A county's portion of the commission's appropriation budget |
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59 | 59 | | 9 may be paid from any of the following, as determined by the county |
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60 | 60 | | 10 fiscal body: |
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61 | 61 | | 11 (1) Property tax revenue as provided in subsections (c) and (d) |
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62 | 62 | | 12 and (e). |
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63 | 63 | | 13 (2) Any other local revenue, other than property tax revenue, |
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64 | 64 | | 14 received by the county, including local income tax revenue under |
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65 | 65 | | 15 IC 6-3.6, excise tax revenue, riverboat admissions tax revenue, |
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66 | 66 | | 16 riverboat wagering tax revenue, riverboat incentive payments, and |
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67 | 67 | | 17 any funds received from the state that may be used for this |
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68 | 68 | | 18 purpose. |
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69 | 69 | | 19 (3) Any combination of the sources set forth in subdivisions |
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70 | 70 | | 20 (1) and (2). |
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71 | 71 | | 21 (c) (d) The county auditor shall: |
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72 | 72 | | 22 (1) advertise the amount of property taxes that the county fiscal |
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73 | 73 | | 23 body determines will be levied to pay the county's portion of the |
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74 | 74 | | 24 commission's appropriation budget, after the county fiscal body |
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75 | 75 | | 25 determines the amount of other local revenue that will be paid |
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76 | 76 | | 26 under subsection (b)(2); (c)(2); and |
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77 | 77 | | 27 (2) establish the rate necessary to collect that property tax |
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78 | 78 | | 28 revenue; |
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79 | 79 | | 29 in the same manner as for other county budgets. |
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80 | 80 | | 30 (d) (e) The tax levied under this section and certified shall be |
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81 | 81 | | 31 estimated and entered upon the tax duplicates by the county auditor and |
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82 | 82 | | 32 shall be collected and enforced by the county treasurer in the same |
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83 | 83 | | 33 manner as other county taxes are estimated, entered, collected, and |
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84 | 84 | | 34 enforced. The tax collected by the county treasurer shall be transferred |
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85 | 85 | | 35 to the commission. |
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86 | 86 | | 36 (e) (f) In fixing and determining the amount of the necessary levy |
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87 | 87 | | 37 for the purpose provided in this section, the commission shall take into |
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88 | 88 | | 38 consideration the amount of revenue, if any, to be derived from federal |
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89 | 89 | | 39 grants, contractual services, and miscellaneous revenues above the |
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90 | 90 | | 40 amount of those revenues considered necessary to be applied upon or |
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91 | 91 | | 41 reserved upon the operation, maintenance, and administrative expenses |
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92 | 92 | | 42 for working capital throughout the year. |
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93 | 93 | | 2024 IN 1251—LS 6916/DI 87 3 |
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94 | 94 | | 1 (f) (g) After the budget is approved, amounts may not be expended |
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95 | 95 | | 2 except as budgeted unless the commission authorizes their expenditure. |
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96 | 96 | | 3 Before the expenditure of sums appropriated as provided in this |
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97 | 97 | | 4 section, a claim must be filed and processed as other claims for |
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98 | 98 | | 5 allowance or disallowance for payment as provided by law. |
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99 | 99 | | 6 (g) (h) Any two (2) of the following officers may allow claims: |
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100 | 100 | | 7 (1) Chairperson. |
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101 | 101 | | 8 (2) Vice chairperson. |
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102 | 102 | | 9 (3) Secretary. |
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103 | 103 | | 10 (4) Treasurer. |
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104 | 104 | | 11 (h) (i) The treasurer of the commission may receive, disburse, and |
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105 | 105 | | 12 otherwise handle funds of the commission, subject to applicable |
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106 | 106 | | 13 statutes and to procedures established by the commission. |
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107 | 107 | | 14 (i) (j) The commission shall act as a board of finance under the |
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108 | 108 | | 15 statutes relating to the deposit of public funds by political subdivisions. |
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109 | 109 | | 16 (j) (k) Any appropriated money remaining unexpended or |
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110 | 110 | | 17 unencumbered at the end of a year becomes part of a nonreverting |
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111 | 111 | | 18 cumulative fund to be held in the name of the commission. Unbudgeted |
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112 | 112 | | 19 expenditures from this fund may be authorized by vote of the |
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113 | 113 | | 20 commission and upon other approval as required by statute. The |
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114 | 114 | | 21 commission is responsible for the safekeeping and deposit of the |
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115 | 115 | | 22 amounts in the nonreverting cumulative fund, and the state board of |
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116 | 116 | | 23 accounts shall prescribe the methods and forms for keeping the |
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117 | 117 | | 24 accounts, records, and books to be used by the commission. The books, |
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118 | 118 | | 25 records, and accounts of the commission shall be audited periodically |
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119 | 119 | | 26 by the state board of accounts, and those audits shall be paid for as |
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120 | 120 | | 27 provided by statute. |
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121 | 121 | | 2024 IN 1251—LS 6916/DI 87 |
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