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Enrolled House Bill (H)

Authored by

DIGEST

County jail issues. Provides that a county fiscal body may adopt an ordinance to impose (within the local income tax expenditure rate) a tax rate for correctional facilities and rehabilitation facilities in the county. Specifies that the tax rate must be in increments of 0.01% and may not exceed 0.2%. Provides that the tax rate may not be in effect for more than 20 years. Specifies that the revenue generated by such a tax rate: (1) must be distributed directly to the county before the remainder of the expenditure rate revenue is distributed; and (2) shall be maintained in a County jail issues. Provides that a county fiscal body may adopt an ordinance to impose (within the local income tax expenditure rate) a tax rate for correctional facilities and rehabilitation facilities in the county. Specifies that the tax rate must be in increments of 0.01% and may not exceed 0.2%. Provides that the tax rate may not be in effect for more than 20 years. Specifies that the revenue generated by such a tax rate: (1) must be distributed directly to the county before the remainder of the expenditure rate revenue is distributed; and (2) shall be maintained in a separate dedicated county fund and used by the county only for paying for correctional facilities and rehabilitation facilities in the county. Authorizes the county council of Fulton County to impose an additional local income tax rate of not more than 0.25%. Provides that revenue from the additional tax rate may be used only to: (1) pay the costs of financing, constructing, acquiring, improving, renovating, equipping, operating, and maintaining a county jail and related buildings and parking facilities; and (2) pay bonds issued or leases entered into for the constructing, acquiring, improving, renovating, or equipping of the county jail and related buildings and parking facilities. Authorizes the county council of Jennings County to impose a local income tax special purpose rate for the following purposes: (1) To finance, construct, acquire, improve, renovate, and equip the county jail and related buildings and parking facilities, including costs related to the demolition of existing buildings, the acquisition of land, and any other reasonably related costs. (2) To repay bonds issued or leases entered into for those purposes. Provides that the tax rate may not exceed 0.65%. Provides that before adopting the ordinance to impose the tax rate, the county council must first study the feasibility of, the need for, and the desire of contiguous counties to establish a regional single gender jail. Provides that the local income tax special rate imposed in Randolph County may also be used for the following purposes: (1) Operating the county courthouse. (2) Financing, constructing, acquiring, renovating, equipping, and operating the county jail, public safety improvements, and other county facilities, including the repayment of bonds issued, or leases entered into, for constructing, acquiring, renovating, and equipping the county jail, public safety improvements, and other county facilities. Specifies that before the tax revenue may be used for these purposes, the county fiscal body must adopt an ordinance that: (1) specifically authorizes the revenue to be used for those purposes; and (2) recognizes that if the revenues are used for those purposes, the tax rate will continue after the existing purposes of the tax are completed. Provides that the Tipton County local income tax special purpose rate may also be used to operate and maintain the county jail and related buildings and parking facilities and the county courthouse. Specifies that before the tax revenue may be used for these purposes, the county council must adopt an ordinance that: (1) specifically authorizes the revenue to be used for those purposes; and (2) recognizes that if the revenues are used for those purposes, the tax rate will continue after the existing purposes of the tax are completed. Provides that the local income tax special purpose rate imposed in Union County may also be used for the following purposes: (1) To operate the county courthouse. (2) To finance, construct, acquire, improve, renovate, equip, or operate the county jail or other county criminal justice facilities. (3) To repay bonds issued, or leases entered into, for constructing, acquiring, improving, renovating, and equipping the county jail or other county criminal justice facilities. Specifies that before the tax revenue may be used for these purposes, the county fiscal body must adopt an ordinance that: (1) specifically authorizes the revenue to be used for those purposes; and (2) recognizes that if the revenues are used for those purposes, the tax rate will continue after the existing purposes of the tax are completed. Provides that a county may not begin the construction or reconstruction of a county jail or submit final plans and specifications for the construction or reconstruction of a county jail to the department of correction, unless the county executive first: (1) prepares a feasibility study of possible alternatives to the construction or reconstruction of the county jail; and (2) holds a public hearing on the feasibility study. Specifies certain items that must be included in the feasibility study. Provides that the feasibility study and public hearing are not required for the construction or reconstruction of a county jail in the case of a county in which the county executive before July 1, 2018, has voted on or otherwise approved a proposal or contract concerning the construction or reconstruction of the county jail. Specifies that the executive of a county may enter into an interlocal agreement with one or more other local or state entities for the construction, maintenance, or operation of a regional jail. Provides that in the case of a county, the county executive may not enter into a regional jail agreement unless the regional jail agreement is first approved by both the county fiscal body and the county sheriff. Specifies certain terms that must be included in the regional agreement (in addition to those terms required under all interlocal agreements). Provides that per diem and medical expense reimbursements received by a county for the cost of incarcerating persons convicted of felonies: (1) shall be deposited in the county general fund; and (2) upon appropriation by the county fiscal body, shall be used by the county sheriff only for the purposes of paying the costs of incarcerating persons convicted of felonies. Requires the county auditor to semiannually provide to the county fiscal body and the county sheriff an itemized record of such per diem and medical expense reimbursements received by the county. Urges the legislative council to assign to a study committee the task of studying whether enhanced funding for Level 6 felons in county jails would assist in regional jail financing. ... View more