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House Bill 1357


House Bill 1357

ARCHIVE (2011)

Latest Information

 

DIGEST OF HB 1357 (Updated March 31, 2011 8:59 am - DI 87)


Local government matters. Changes the membership of the convention and visitor bureau in Lake County. Provides that the resolution or petition initiating a local government reorganization must specify the date of the election on the public question concerning the proposed reorganization. Requires the reorganization plan prepared by a reorganization committee under the government reorganization statutes to include a fiscal impact analysis and specifies the required contents of the fiscal impact analysis. Requires a reorganization committee to submit the fiscal impact analysis to the department of local government finance (DLGF) at least six months before the election in which the public question will be on the ballot. Requires the DLGF to do the following within a reasonable period of time, but not later than 30 days before the public question: (1) Review the fiscal impact analysis. (2) Make any comments concerning the fiscal impact analysis that the department considers appropriate. (3) Provide comments to the legislative body of the reorganizing political subdivisions and post the comments on the DLGF's Internet web site. Requires the reorganizing political subdivisions to pay the expenses incurred by the DLGF in carrying out the review and preparing the comments. Provides that certification of a public question on a proposed local government reorganization must occur as required for other public questions under the election law. Allows a special election to be held on a public question concerning a proposed government reorganization if: (1) a general or municipal election will not be held in all of the precincts of the reorganizing political subdivisions during the first year in which the public question is eligible to be placed on the ballot; and (2) the reorganizing political subdivisions request the special election and agree to pay the costs of holding the special election. Provides that the special election will be held on the first Tuesday after the first Monday in November of the year. Provides in the case of a proposed reorganization between a municipality and a township that is not entirely located with the township: (1) the voters who reside within the municipality and do not also reside within the township shall be included only in the tally of votes for the municipality and shall not be included in the tally of votes for the township; and (2) the voters who reside within the township and also reside within the municipality shall be included only in the tally of votes for the township and shall not be included in the tally of votes for the municipality. Provides that a political subdivision may not take certain actions within a reorganizing political subdivision after the date a plan of reorganization is finally adopted by all reorganizing political subdivisions except in the following circumstances: (1) All reorganizing political subdivisions agree to allow the action by adopting identical resolutions. (2) The plan is rejected by voters in a referendum. (3) The plan is approved by voters and the earlier of the following occurs: (A) The plan is implemented. (B) One year has elapsed from the date the plan has been approved. Provides that a unit consisting of two or more townships and at least one municipality that have reorganized under the government reorganization statutes may exercise park and recreation powers if the unit's plan of reorganization authorizes the unit to exercise those powers. Specifies that such a unit may determine: (1) the number of members to be appointed to the unit's park and recreation board; (2) the person or entity that shall appoint or remove those members; (3) any required qualifications for those members; and (4) the terms of those members. Provides that such a unit may exercise planning and zoning power if the unit's plan of reorganization authorizes the unit to do so. Allows the legislative body of such a unit to establish an advisory plan commission and a board of zoning appeals to exercise planning and zoning functions within the unit. Provides that notwithstanding the statute setting out the classification of municipalities, for purposes of local government administration a municipality reorganized under the local government reorganization statutes may, subject to the approval of the department of local government finance: (1) be classified and described as set forth in the reorganization plan; and (2) maintain characteristics of any of the reorganizing political subdivisions. Reconciles two conflicting versions of the municipal classification statute. Requires a town legislative body to adopt a resolution not later than 30 days after a petition is filed for a referendum on changing the town into a city. Provides that the date of the referendum must not be later than the date of the next general or municipal election, whichever is earlier, at which a question may be placed on the ballot. Provides that with regard to a petition filed before July 1, 2011, for which a referendum has not been conducted, the referendum must be held at the municipal election in November 2011. Requires the first election of city officers to be held on the earlier of the date of the next general election or a municipal election following the date of the referendum. Provides that for township budgets adopted for 2012 and thereafter in a county other than Marion County: (1) a township must have the township's budget, property tax levies and rate reviewed and approved by the county fiscal body; and (2) the county fiscal body may reduce and modify but not increase the budget submitted by the township board in formulating the final proposed township budget, levies, and rate. Requires in formulating an annual township budget for a township in a county other than Marion County, that consideration be given to the ending balance that will remain in each township fund relative to: (1) the budgeted expenditures from the fund; (2) the fund balance that must be maintained by the township due to delayed property tax collections; and (3) the amount of tax anticipation notes or warrants or other obligations incurred by the township due to delayed property tax collections. Provides if the township board or the county fiscal body in a county other than Marion County determines that the ending balance in a township fund is excessive (after considering certain specified factors), the township board shall transfer the excessive amount to the township's levy excess fund. Specifies that for township budgets for 2012 and thereafter in a county other than Marion County, the total amount appropriated for a particular year may not exceed the result of: (1) the total amount appropriated for the previous year; multiplied by (2) the assessed value growth quotient applicable to the township for the particular year. Provides that in a county other than Marion County if: (1) a township board determines after a public hearing that the township cannot carry out its governmental functions for a year under these appropriation limitations; and (2) the county fiscal body approves the appeal; the township board may appeal to the department of local government finance for relief from the appropriation limitations for the year. After December 31, 2012, requires the following with regard to a county other than Marion County: (1) The township board and county fiscal body must consider the township's capital improvement plan with regard to a cumulative building fund or capital improvement fund. (2) The department of local government finance must consider the capital improvement plan when reviewing a township's budget, tax rate, and tax levy. (3) A township may only collect property taxes for a capital improvement fund in a particular year, if the township trustee prepares and the county fiscal body approves a proposed or amended capital improvement plan in the immediately preceding year. Provides that if a township reorganizes with at least one other township, and the resulting new political subdivision is not a city or town, after June 30, 2011, the county fiscal body must approve the budget, property tax levies, and property tax rates of the new political subdivision. Establishes a township assistance planning board (board) in each county other than Marion County to do the following: (1) Prepare a county plan (plan) for creating countywide township assistance standards. (2) Annually review and update the county's township assistance standards. In a county other than Marion County: (1) requires the plan and township assistance standards to be adopted by the county legislative body; and (2) requires the county legislative body to adopt the township's standards for the issuance of township assistance not later than March 31 of each calendar year. Provides that the initial standards must be adopted not later than July 1, 2012, and are effective January 1, 2013. Provides that if the township assistance planning board fails to adopt township standards for the two calendar years preceding the ensuing calendar year, the department of local government finance may not approve the township budget and levy. Requires the office of management and budget to annually prepare a report that includes certain information regarding all townships. Requires the report to be submitted to the executive director of the legislative services agency and to county councils. Specifies that each township office must include the address, phone number, and regular office hours (if any) of the township office in at least one local telephone directory. Requires a public meeting or a public hearing of a township official or governing body to be held in a public place. Requires a township trustee's annual report to list separately each expenditure that is made to reimburse the township trustee for the township trustee's use of tangible property (real and personal property) for public business, including any reimbursements made for the use of a private residence, personal telephone, or personal vehicle for public business. Specifies that the annual report of a township in a county other than Marion County must be filed with the state board of accounts not later than March 1 of each fiscal year. Provides that if a trustee does not: (1) accept a completed application for township assistance; or (2) grant or deny a completed application for township assistance within the period required by statute; the application is considered denied, and the denial may be appealed to the board of county commissioners. Provides that the department of local government finance may not approve the budget or any additional appropriations of a township in a county other than Marion County that fails to file: (1) an annual fiscal report; or (2) a personnel report; for the preceding year. Provides that after December 31, 2011, the total compensation and benefits paid to a township board member of a township in a county other than Marion County may not exceed $2,000 per year and per diem may not exceed $100 for each day the board member is engaged in board activities. Requires all township trustees (instead of just certain trustees) to maintain a telephone answering service and respond to a telephone inquiry for township assistance services not more than 24 hours, excluding Saturdays, Sundays, and legal holidays, after receiving the inquiry. Provides the following with regard to townships in counties other than Marion County: (1) Provides that a township legislative body may allow a claim only at a meeting of the township legislative body. (2) Allows a township legislative body to adopt a resolution allowing for payment of certain claims by the township trustee in advance of township legislative body allowance. (3) Allows a trustee to pay township assistance claims in advance of township legislative body allowance. (4) Requires the township legislative body to review and allow the claims at its next regular or special meeting following the preapproved payment of the claim. Provides that if a reorganization involving a township is not completed by July 1, 2011, various statutory provisions concerning the administration or operation of the township apply to the township involved in the reorganization.
Current Status:
 Out of Committee 2nd House
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