CHAPTER 1. COMMUNITY CENTERS; GENERAL PROVISIONS
IC 12-29
ARTICLE 29. FINANCING LOCAL PROGRAMS
IC 12-29-1
Chapter 1. Community Centers; General Provisions
IC 12-29-1-1
County financial assistance; purposes; appropriation;authorization
Sec. 1. (a) The county executive of a county may authorize thefurnishing of financial assistance to a community mental retardationand other developmental disabilities center that is located or will belocated in the county.
(b) Assistance authorized under this section shall be used for thefollowing purposes:
(1) Constructing a center.
(2) Operating a center.
(c) Upon request of the county executive, the county fiscal bodymay appropriate annually from the county's general fund the moneyto provide financial assistance for the purposes described insubsection (b). The appropriation may not exceed the amount thatcould be collected from an annual tax levy of not more than three andthirty-three hundredths cents ($0.0333) on each one hundred dollars($100) of taxable property within the county.
(d) For purposes of this subsection, "first calendar year" refers tothe first calendar year after 2008 in which the county imposes an advalorem property tax levy for the county general fund to providefinancial assistance under this chapter. If a county did not providefinancial assistance under this chapter in 2008, the county for afollowing calendar year:
(1) may propose a financial assistance budget; and
(2) shall refer its proposed financial assistance budget for thefirst calendar year to the department of local governmentfinance before the tax levy is advertised.
The ad valorem property tax levy to fund the budget for the firstcalendar year is subject to review and approval underIC 6-1.1-18.5-10.
As added by P.L.2-1992, SEC.23. Amended by P.L.6-1997, SEC.149;P.L.78-2004, SEC.10; P.L.182-2009(ss), SEC.299.
IC 12-29-1-2
Center providing services to at least two counties; appropriation;authorization
Sec. 2. (a) If a community mental retardation and otherdevelopmental disabilities center is organized to provide services toat least two (2) counties, the county executive of each county mayauthorize the furnishing of financial assistance for the purposesdescribed in section 1(b) of this chapter.
(b) Upon the request of the county executive of the county, thecounty fiscal body of each county may appropriate annually from the
county's general fund the money to provide financial assistance forthe purposes described in section 1(b) of this chapter. Theappropriation of each county may not exceed the amount that couldbe collected from an annual tax levy of three and thirty-threehundredths cents ($0.0333) on each one hundred dollars ($100) oftaxable property within the county.
As added by P.L.2-1992, SEC.23. Amended by P.L.6-1997, SEC.150;P.L.78-2004, SEC.11.
IC 12-29-1-3
Furnishing of a share of financial assistance by each countyreceiving services from a center; conditions; appropriation;authorization
Sec. 3. (a) The county executive of each county whose residentsmay receive services from a community mental retardation and otherdevelopmental disabilities center may authorize the furnishing of ashare of financial assistance for the purposes described in section1(b) of this chapter if the following conditions are met:
(1) The facilities for the center are located in a state adjacent toIndiana.
(2) The center is organized to provide services to Indianaresidents.
(b) Upon the request of the county executive of a county, thecounty fiscal body of the county may appropriate annually from thecounty's general fund the money to provide financial assistance forthe purposes described in section 1(b) of this chapter. Theappropriations of the county may not exceed the amount that couldbe collected from an annual tax levy of three and thirty-threehundredths cents ($0.0333) on each one hundred dollars ($100) oftaxable property within the county.
As added by P.L.2-1992, SEC.23. Amended by P.L.6-1997, SEC.151;P.L.78-2004, SEC.12.
IC 12-29-1-4
County bonds; issuance for constructing, equipping, or improvingcenter buildings; payment of proportionate cost of project
Sec. 4. (a) Bonds of a county may be issued for the constructionand equipment or the improvement of a building to house acommunity mental retardation and other developmental disabilitiescenter.
(b) If services are provided to at least two (2) counties:
(1) bonds of the counties involved may be issued to pay theproportionate cost of the project in the proportion determinedand agreed upon by the fiscal bodies of the counties involved;or
(2) bonds of one (1) county may be issued and the remainingcounties may annually appropriate to the county issuing thebonds amounts to be applied to the payment of the bonds andinterest on the bonds in the proportion agreed upon by thecounty fiscal bodies of the counties involved.As added by P.L.2-1992, SEC.23. Amended by P.L.78-2004, SEC.13.
IC 12-29-1-5
County bonds; issuance; application of all Indiana statutes
Sec. 5. All general Indiana statutes relating to the following applyto the issuance of county bonds under this chapter:
(1) The filing of a petition requesting the issuance of bonds.
(2) The giving of notice of the following:
(A) The filing of the petition requesting the issuance of thebonds.
(B) The determination to issue bonds.
(C) A hearing on the appropriation of the proceeds of thebonds.
(3) The right of taxpayers to appear and be heard on theproposed appropriation.
(4) The approval of the appropriation by the department of localgovernment finance (before January 1, 2009).
(5) Before July 1, 2008, the right of taxpayers and voters toremonstrate against the issuance of bonds.
(6) After June 30, 2008:
(A) the right of taxpayers and voters to remonstrate againstthe issuance of bonds, in the case of a proposed bond issuedescribed by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds, in the case of aproposed bond issue described by IC 6-1.1-20-3.5(a).
As added by P.L.2-1992, SEC.23. Amended by P.L.90-2002,SEC.365; P.L.219-2007, SEC.96; P.L.224-2007, SEC.101;P.L.3-2008, SEC.99; P.L.146-2008, SEC.419.
IC 12-29-1-6
Center building the property of county or counties issuing bonds;tax limitations in IC 12-29-1-1 and IC 12-29-1-2 not applicable
Sec. 6. If bonds are issued under this chapter:
(1) the building that is constructed, equipped, or improved withproceeds of the bonds is:
(A) the property of the county issuing the bonds; or
(B) the joint property of the counties involved if the bondsare issued by at least two (2) counties; and
(2) the tax limitations in sections 1 and 2 of this chapter do notapply to the levy of taxes to pay the bonds and the interest onthe bonds.
As added by P.L.2-1992, SEC.23.
IC 12-29-1-7
Certification by county auditor of amounts of money to be paid tocenters; payments; requisites; certification by county that paymentrepresents expenditures eligible for financial participation
Sec. 7. (a) On the first Monday in October, the county auditorshall certify to:
(1) the division of disability and rehabilitative services, for a
community mental retardation and other developmentaldisabilities center; and
(2) the president of the board of directors of each center;
the amount of money that will be provided to the center under thischapter.
(b) The county payment to the center shall be paid by the countytreasurer to the treasurer of each center's board of directors in thefollowing manner:
(1) One-half (1/2) of the county payment to the center shall bemade on the second Monday in July.
(2) One-half (1/2) of the county payment to the center shall bemade on the second Monday in December.
(c) Payments by the county fiscal body are in place of grants fromagencies supported within the county solely by county tax money.
As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.218;P.L.5-1993, SEC.231; P.L.126-1998, SEC.20; P.L.113-2000,SEC.20; P.L.215-2001, SEC.78; P.L.78-2004, SEC.14;P.L.141-2006, SEC.78.