Indiana 2024 Regular Session

Indiana House Bill HB1251 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1251
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 36-7-7.6-18.
77 Synopsis: Adjusting county portion of NIRPC budget. Requires the
88 northwestern Indiana regional planning commission (NIRPC),
99 beginning with NIRPC's 2026 budget and for each year thereafter, to
1010 annually adjust each participating county's portion of the budget for the
1111 ensuing year by the greater of the following: (1) The annual percentage
1212 change in the Consumer Price Index for all Urban Consumers. (2) The
1313 participating county's maximum levy growth quotient for the ensuing
1414 year.
1515 Effective: July 1, 2024.
1616 Slager
1717 January 9, 2024, read first time and referred to Committee on Ways and Means.
1818 2024 IN 1251—LS 6916/DI 87 Introduced
1919 Second Regular Session of the 123rd General Assembly (2024)
2020 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2121 Constitution) is being amended, the text of the existing provision will appear in this style type,
2222 additions will appear in this style type, and deletions will appear in this style type.
2323 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2424 provision adopted), the text of the new provision will appear in this style type. Also, the
2525 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2626 a new provision to the Indiana Code or the Indiana Constitution.
2727 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2828 between statutes enacted by the 2023 Regular Session of the General Assembly.
2929 HOUSE BILL No. 1251
3030 A BILL FOR AN ACT to amend the Indiana Code concerning local
3131 government.
3232 Be it enacted by the General Assembly of the State of Indiana:
3333 1 SECTION 1. IC 36-7-7.6-18, AS AMENDED BY P.L.197-2016,
3434 2 SECTION 124, IS AMENDED TO READ AS FOLLOWS
3535 3 [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) The commission shall
3636 4 prepare and adopt an annual appropriation budget for its operation. The
3737 5 appropriation budget shall be apportioned to each participating county
3838 6 on a pro rata per capita basis. After adoption of the appropriation
3939 7 budget, any amount that does not exceed an amount for each
4040 8 participating county equal to seventy cents ($0.70) one dollar and fifty
4141 9 cents ($1.50) per capita for each participating county shall be certified
4242 10 to the respective county auditor.
4343 11 (b) Beginning in 2025 for the ensuing year and each year
4444 12 thereafter, the commission shall adjust a participating county's
4545 13 portion of the commission's appropriation budget for the ensuing
4646 14 year by the greater of the following:
4747 15 (1) The annual percentage change in the Consumer Price
4848 16 Index for all Urban Consumers as published by the United
4949 17 States Bureau of Labor Statistics for the year preceding the
5050 2024 IN 1251—LS 6916/DI 87 2
5151 1 ensuing year.
5252 2 (2) The participating county's maximum levy growth quotient
5353 3 for the ensuing year as determined under IC 6-1.1-18.5-2.
5454 4 Not later than August 1 of each year, the department of local
5555 5 government finance shall provide to the commission the value of
5656 6 each participating county's maximum levy growth quotient under
5757 7 IC 6-1.1-18.5-2 for the ensuing year.
5858 8 (b) (c) A county's portion of the commission's appropriation budget
5959 9 may be paid from any of the following, as determined by the county
6060 10 fiscal body:
6161 11 (1) Property tax revenue as provided in subsections (c) and (d)
6262 12 and (e).
6363 13 (2) Any other local revenue, other than property tax revenue,
6464 14 received by the county, including local income tax revenue under
6565 15 IC 6-3.6, excise tax revenue, riverboat admissions tax revenue,
6666 16 riverboat wagering tax revenue, riverboat incentive payments, and
6767 17 any funds received from the state that may be used for this
6868 18 purpose.
6969 19 (3) Any combination of the sources set forth in subdivisions
7070 20 (1) and (2).
7171 21 (c) (d) The county auditor shall:
7272 22 (1) advertise the amount of property taxes that the county fiscal
7373 23 body determines will be levied to pay the county's portion of the
7474 24 commission's appropriation budget, after the county fiscal body
7575 25 determines the amount of other local revenue that will be paid
7676 26 under subsection (b)(2); (c)(2); and
7777 27 (2) establish the rate necessary to collect that property tax
7878 28 revenue;
7979 29 in the same manner as for other county budgets.
8080 30 (d) (e) The tax levied under this section and certified shall be
8181 31 estimated and entered upon the tax duplicates by the county auditor and
8282 32 shall be collected and enforced by the county treasurer in the same
8383 33 manner as other county taxes are estimated, entered, collected, and
8484 34 enforced. The tax collected by the county treasurer shall be transferred
8585 35 to the commission.
8686 36 (e) (f) In fixing and determining the amount of the necessary levy
8787 37 for the purpose provided in this section, the commission shall take into
8888 38 consideration the amount of revenue, if any, to be derived from federal
8989 39 grants, contractual services, and miscellaneous revenues above the
9090 40 amount of those revenues considered necessary to be applied upon or
9191 41 reserved upon the operation, maintenance, and administrative expenses
9292 42 for working capital throughout the year.
9393 2024 IN 1251—LS 6916/DI 87 3
9494 1 (f) (g) After the budget is approved, amounts may not be expended
9595 2 except as budgeted unless the commission authorizes their expenditure.
9696 3 Before the expenditure of sums appropriated as provided in this
9797 4 section, a claim must be filed and processed as other claims for
9898 5 allowance or disallowance for payment as provided by law.
9999 6 (g) (h) Any two (2) of the following officers may allow claims:
100100 7 (1) Chairperson.
101101 8 (2) Vice chairperson.
102102 9 (3) Secretary.
103103 10 (4) Treasurer.
104104 11 (h) (i) The treasurer of the commission may receive, disburse, and
105105 12 otherwise handle funds of the commission, subject to applicable
106106 13 statutes and to procedures established by the commission.
107107 14 (i) (j) The commission shall act as a board of finance under the
108108 15 statutes relating to the deposit of public funds by political subdivisions.
109109 16 (j) (k) Any appropriated money remaining unexpended or
110110 17 unencumbered at the end of a year becomes part of a nonreverting
111111 18 cumulative fund to be held in the name of the commission. Unbudgeted
112112 19 expenditures from this fund may be authorized by vote of the
113113 20 commission and upon other approval as required by statute. The
114114 21 commission is responsible for the safekeeping and deposit of the
115115 22 amounts in the nonreverting cumulative fund, and the state board of
116116 23 accounts shall prescribe the methods and forms for keeping the
117117 24 accounts, records, and books to be used by the commission. The books,
118118 25 records, and accounts of the commission shall be audited periodically
119119 26 by the state board of accounts, and those audits shall be paid for as
120120 27 provided by statute.
121121 2024 IN 1251—LS 6916/DI 87