§ 12-20-25-41 — "Advance"; "support"; termination of controlled status

Indiana § 12-20-25-41

• Jurisdiction: Indiana
• Art. 20: TOWNSHIP ASSISTANCE
• Ch. 25: Township Assistance in Distressed Townships

Text

(a) As used in subsection (c), "advance"
refers to money provided to a distressed township from the state
general fund under section 38 of this chapter.
(b) As used in subsection (c), "support" refers to money provided
from the distressed township supplemental township assistance fund
established by section 51 of this chapter to pay township assistance
claims and the operating costs of the management committee during
the period the management committee is in control of the township
trustee's office.
(c) The controlled status of a township under this chapter terminates
at the end of a year if at that time the county, with respect to each
controlled township:
(1) has repaid:
(A) all state advances provided to the county under this chapter;
and
(B) state support provided to the county under this chapter if
the department has reduced the county's general fund budget
under section 36 of this chapter;
(2) has paid all valid township assistance claims in the distressed
township, including the claims approved under section 27 or 28
of this chapter;
(3) will have sufficient money to pay, not more than thirty (30)
days after a claim is submitted for payment, all valid township
assistance claims in the distressed township that are expected to
be submitted in the following year as determined by the control
board, excluding any advances from the state, revenues from short
term loans from the county or a financial institution under IC 12-2-4.5 (before its repeal) or IC 12-20-24, and proceeds from
bonds issued under IC 12-2-1 (before its repeal), IC 12-2-5
(before its repeal), or this article; and
(4) has no bonds outstanding that were issued to pay for township
assistance in the distressed township.
(d) Notwithstanding IC 6-3.6, if the control board finds that:
(1) the requirements of subsection (c)(1), (c)(2), and (c)(4) are
satisfied; and
(2) the requirements of subsection (c)(3) cannot be satisfied
because the township's maximum permissible ad valorem
property tax levy provides insufficient revenue to ensure the
payment of all valid township assistance claims in the distressed
township that will be incurred during the year following the
termination of the controlled status of the township;
the county fiscal body may dedicate to the provision of township
assistance, from the local income tax imposed as a result of adopting
a financial plan under section 35 of this chapter, an amount necessary
to satisfy the requirements of subsection (c)(3).
(e) If the control board finds that the local income tax dedicated
under subsection (d) will satisfy the requirements of subsection (c)(3),
the controlled status of the township under this chapter terminates at
the end of the year in which the control board makes the board's
finding.
[Pre-1992 Revision Citation: 12-2-14-36.]

Legislative History

As added by P.L.2-1992, SEC.14. Amended by P.L.90-2002, SEC.360; P.L.73-2005, SEC.139; P.L.197-2016, SEC.109.