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 the
furnishing of financial assistance to a community mental retardation
and other developmental disabilities center that is located or will be
located in the county.
(b) Assistance authorized under this section shall be used for the
following purposes:
(1) Constructing a center.
(2) Operating a center.
(c) Upon request of the county executive, the county fiscal body
may appropriate annually from the county's general fund the money
to provide financial assistance for the purposes described in
subsection (b). The appropriation may not exceed the amount that
could be collected from an annual tax levy of not more than three and
thirty-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 to
the first calendar year after 2008 in which the county imposes an ad
valorem property tax levy for the county general fund to provide
financial assistance under this chapter. If a county did not provide
financial assistance under this chapter in 2008, the county for a
following calendar year:
(1) may propose a financial assistance budget; and
(2) shall refer its proposed financial assistance budget for the
first calendar year to the department of local government
finance before the tax levy is advertised.
The ad valorem property tax levy to fund the budget for the first
calendar year is subject to review and approval under
IC 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 other
developmental disabilities center is organized to provide services to
at least two (2) counties, the county executive of each county may
authorize the furnishing of financial assistance for the purposes
described in section 1(b) of this chapter.
(b) Upon the request of the county executive of the county, the
county fiscal body of each county may appropriate annually from the
county's general fund the money to provide financial assistance for
the purposes described in section 1(b) of this chapter. The
appropriation of each county may not exceed the amount that could
be collected from an annual tax levy of three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100) of
taxable 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 county
receiving services from a center; conditions; appropriation;
authorization
Sec. 3. (a) The county executive of each county whose residents
may receive services from a community mental retardation and other
developmental disabilities center may authorize the furnishing of a
share of financial assistance for the purposes described in section
1(b) of this chapter if the following conditions are met:
(1) The facilities for the center are located in a state adjacent to
Indiana.
(2) The center is organized to provide services to Indiana
residents.
(b) Upon the request of the county executive of a county, the
county fiscal body of the county may appropriate annually from the
county's general fund the money to provide financial assistance for
the purposes described in section 1(b) of this chapter. The
appropriations of the county may not exceed the amount that could
be collected from an annual tax levy of three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100) of
taxable 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 improving
center buildings; payment of proportionate cost of project
Sec. 4. (a) Bonds of a county may be issued for the construction
and equipment or the improvement of a building to house a
community mental retardation and other developmental disabilities
center.
(b) If services are provided to at least two (2) counties:
(1) bonds of the counties involved may be issued to pay the
proportionate cost of the project in the proportion determined
and agreed upon by the fiscal bodies of the counties involved;
or
(2) bonds of one (1) county may be issued and the remaining
counties may annually appropriate to the county issuing the
bonds amounts to be applied to the payment of the bonds and
interest on the bonds in the proportion agreed upon by the
county 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 apply
to 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 the
bonds.
(B) The determination to issue bonds.
(C) A hearing on the appropriation of the proceeds of the
bonds.
(3) The right of taxpayers to appear and be heard on the
proposed appropriation.
(4) The approval of the appropriation by the department of local
government finance (before January 1, 2009).
(5) Before July 1, 2008, the right of taxpayers and voters to
remonstrate against the issuance of bonds.
(6) After June 30, 2008:
(A) the right of taxpayers and voters to remonstrate against
the issuance of bonds, in the case of a proposed bond issue
described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds, in the case of a
proposed 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 with
proceeds of the bonds is:
(A) the property of the county issuing the bonds; or
(B) the joint property of the counties involved if the bonds
are issued by at least two (2) counties; and
(2) the tax limitations in sections 1 and 2 of this chapter do not
apply to the levy of taxes to pay the bonds and the interest on
the 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 to
centers; payments; requisites; certification by county that payment
represents expenditures eligible for financial participation
Sec. 7. (a) On the first Monday in October, the county auditor
shall certify to:
(1) the division of disability and rehabilitative services, for a
community mental retardation and other developmental
disabilities 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 this
chapter.
(b) The county payment to the center shall be paid by the county
treasurer to the treasurer of each center's board of directors in the
following manner:
(1) One-half (1/2) of the county payment to the center shall be
made on the second Monday in July.
(2) One-half (1/2) of the county payment to the center shall be
made on the second Monday in December.
(c) Payments by the county fiscal body are in place of grants from
agencies 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.
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 the
furnishing of financial assistance to a community mental retardation
and other developmental disabilities center that is located or will be
located in the county.
(b) Assistance authorized under this section shall be used for the
following purposes:
(1) Constructing a center.
(2) Operating a center.
(c) Upon request of the county executive, the county fiscal body
may appropriate annually from the county's general fund the money
to provide financial assistance for the purposes described in
subsection (b). The appropriation may not exceed the amount that
could be collected from an annual tax levy of not more than three and
thirty-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 to
the first calendar year after 2008 in which the county imposes an ad
valorem property tax levy for the county general fund to provide
financial assistance under this chapter. If a county did not provide
financial assistance under this chapter in 2008, the county for a
following calendar year:
(1) may propose a financial assistance budget; and
(2) shall refer its proposed financial assistance budget for the
first calendar year to the department of local government
finance before the tax levy is advertised.
The ad valorem property tax levy to fund the budget for the first
calendar year is subject to review and approval under
IC 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 other
developmental disabilities center is organized to provide services to
at least two (2) counties, the county executive of each county may
authorize the furnishing of financial assistance for the purposes
described in section 1(b) of this chapter.
(b) Upon the request of the county executive of the county, the
county fiscal body of each county may appropriate annually from the
county's general fund the money to provide financial assistance for
the purposes described in section 1(b) of this chapter. The
appropriation of each county may not exceed the amount that could
be collected from an annual tax levy of three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100) of
taxable 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 county
receiving services from a center; conditions; appropriation;
authorization
Sec. 3. (a) The county executive of each county whose residents
may receive services from a community mental retardation and other
developmental disabilities center may authorize the furnishing of a
share of financial assistance for the purposes described in section
1(b) of this chapter if the following conditions are met:
(1) The facilities for the center are located in a state adjacent to
Indiana.
(2) The center is organized to provide services to Indiana
residents.
(b) Upon the request of the county executive of a county, the
county fiscal body of the county may appropriate annually from the
county's general fund the money to provide financial assistance for
the purposes described in section 1(b) of this chapter. The
appropriations of the county may not exceed the amount that could
be collected from an annual tax levy of three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100) of
taxable 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 improving
center buildings; payment of proportionate cost of project
Sec. 4. (a) Bonds of a county may be issued for the construction
and equipment or the improvement of a building to house a
community mental retardation and other developmental disabilities
center.
(b) If services are provided to at least two (2) counties:
(1) bonds of the counties involved may be issued to pay the
proportionate cost of the project in the proportion determined
and agreed upon by the fiscal bodies of the counties involved;
or
(2) bonds of one (1) county may be issued and the remaining
counties may annually appropriate to the county issuing the
bonds amounts to be applied to the payment of the bonds and
interest on the bonds in the proportion agreed upon by the
county 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 apply
to 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 the
bonds.
(B) The determination to issue bonds.
(C) A hearing on the appropriation of the proceeds of the
bonds.
(3) The right of taxpayers to appear and be heard on the
proposed appropriation.
(4) The approval of the appropriation by the department of local
government finance (before January 1, 2009).
(5) Before July 1, 2008, the right of taxpayers and voters to
remonstrate against the issuance of bonds.
(6) After June 30, 2008:
(A) the right of taxpayers and voters to remonstrate against
the issuance of bonds, in the case of a proposed bond issue
described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds, in the case of a
proposed 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 with
proceeds of the bonds is:
(A) the property of the county issuing the bonds; or
(B) the joint property of the counties involved if the bonds
are issued by at least two (2) counties; and
(2) the tax limitations in sections 1 and 2 of this chapter do not
apply to the levy of taxes to pay the bonds and the interest on
the 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 to
centers; payments; requisites; certification by county that payment
represents expenditures eligible for financial participation
Sec. 7. (a) On the first Monday in October, the county auditor
shall certify to:
(1) the division of disability and rehabilitative services, for a
community mental retardation and other developmental
disabilities 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 this
chapter.
(b) The county payment to the center shall be paid by the county
treasurer to the treasurer of each center's board of directors in the
following manner:
(1) One-half (1/2) of the county payment to the center shall be
made on the second Monday in July.
(2) One-half (1/2) of the county payment to the center shall be
made on the second Monday in December.
(c) Payments by the county fiscal body are in place of grants from
agencies 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.
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 the
furnishing of financial assistance to a community mental retardation
and other developmental disabilities center that is located or will be
located in the county.
(b) Assistance authorized under this section shall be used for the
following purposes:
(1) Constructing a center.
(2) Operating a center.
(c) Upon request of the county executive, the county fiscal body
may appropriate annually from the county's general fund the money
to provide financial assistance for the purposes described in
subsection (b). The appropriation may not exceed the amount that
could be collected from an annual tax levy of not more than three and
thirty-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 to
the first calendar year after 2008 in which the county imposes an ad
valorem property tax levy for the county general fund to provide
financial assistance under this chapter. If a county did not provide
financial assistance under this chapter in 2008, the county for a
following calendar year:
(1) may propose a financial assistance budget; and
(2) shall refer its proposed financial assistance budget for the
first calendar year to the department of local government
finance before the tax levy is advertised.
The ad valorem property tax levy to fund the budget for the first
calendar year is subject to review and approval under
IC 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 other
developmental disabilities center is organized to provide services to
at least two (2) counties, the county executive of each county may
authorize the furnishing of financial assistance for the purposes
described in section 1(b) of this chapter.
(b) Upon the request of the county executive of the county, the
county fiscal body of each county may appropriate annually from the
county's general fund the money to provide financial assistance for
the purposes described in section 1(b) of this chapter. The
appropriation of each county may not exceed the amount that could
be collected from an annual tax levy of three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100) of
taxable 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 county
receiving services from a center; conditions; appropriation;
authorization
Sec. 3. (a) The county executive of each county whose residents
may receive services from a community mental retardation and other
developmental disabilities center may authorize the furnishing of a
share of financial assistance for the purposes described in section
1(b) of this chapter if the following conditions are met:
(1) The facilities for the center are located in a state adjacent to
Indiana.
(2) The center is organized to provide services to Indiana
residents.
(b) Upon the request of the county executive of a county, the
county fiscal body of the county may appropriate annually from the
county's general fund the money to provide financial assistance for
the purposes described in section 1(b) of this chapter. The
appropriations of the county may not exceed the amount that could
be collected from an annual tax levy of three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100) of
taxable 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 improving
center buildings; payment of proportionate cost of project
Sec. 4. (a) Bonds of a county may be issued for the construction
and equipment or the improvement of a building to house a
community mental retardation and other developmental disabilities
center.
(b) If services are provided to at least two (2) counties:
(1) bonds of the counties involved may be issued to pay the
proportionate cost of the project in the proportion determined
and agreed upon by the fiscal bodies of the counties involved;
or
(2) bonds of one (1) county may be issued and the remaining
counties may annually appropriate to the county issuing the
bonds amounts to be applied to the payment of the bonds and
interest on the bonds in the proportion agreed upon by the
county 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 apply
to 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 the
bonds.
(B) The determination to issue bonds.
(C) A hearing on the appropriation of the proceeds of the
bonds.
(3) The right of taxpayers to appear and be heard on the
proposed appropriation.
(4) The approval of the appropriation by the department of local
government finance (before January 1, 2009).
(5) Before July 1, 2008, the right of taxpayers and voters to
remonstrate against the issuance of bonds.
(6) After June 30, 2008:
(A) the right of taxpayers and voters to remonstrate against
the issuance of bonds, in the case of a proposed bond issue
described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds, in the case of a
proposed 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 with
proceeds of the bonds is:
(A) the property of the county issuing the bonds; or
(B) the joint property of the counties involved if the bonds
are issued by at least two (2) counties; and
(2) the tax limitations in sections 1 and 2 of this chapter do not
apply to the levy of taxes to pay the bonds and the interest on
the 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 to
centers; payments; requisites; certification by county that payment
represents expenditures eligible for financial participation
Sec. 7. (a) On the first Monday in October, the county auditor
shall certify to:
(1) the division of disability and rehabilitative services, for a
community mental retardation and other developmental
disabilities 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 this
chapter.
(b) The county payment to the center shall be paid by the county
treasurer to the treasurer of each center's board of directors in the
following manner:
(1) One-half (1/2) of the county payment to the center shall be
made on the second Monday in July.
(2) One-half (1/2) of the county payment to the center shall be
made on the second Monday in December.
(c) Payments by the county fiscal body are in place of grants from
agencies 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.
