§ 16-22-6-27 — Contiguous counties; agreements for county without hospital to reimburse county with hospital for portion of lease rental; procedure

(a) As used in this section, "contributing
county" means a county without a county hospital that is contiguous to
a county with a county hospital.
(b) As used in this section, "lessee county" means a county with a
county hospital.
(c) A contributing county may enter into an agreement with a lessee
county to reimburse the lessee county for a part of the lease rental each
year that is payable by the lessee county upon compliance with this
section.
(d) If the county executive of the contributing county finds that the
hospital of the lessee county serves the residents of the contributing
county and provides needed hospital services to such residents, the
county executive may prepare a contribution agreement. Before final
execution of the agreement, the auditor of the contributing county shall
publish notice of a public hearing to be held in the contributing county
by the county executive not less than ten (10) days after publication of
the notice. The notice shall be published one (1) time in a newspaper
of general circulation and published in the contributing county. The
notice must name the day, place, and hour of the hearing and must set
forth a summary of the provisions of agreement as to the amount to be
paid each year during the term of the lease by the contributing county
and where a copy of the proposed agreement may be examined. All
persons interested are entitled to be heard at the time fixed on the
necessity for the execution of the agreement. The hearing may be
adjourned to a later date at a place fixed before adjournment.
(e) Following the hearing, if a majority of the county fiscal body of
the contributing county approve the execution of the agreement, the
county executive may authorize the execution of the original agreement
or may make the modifications agreed upon with the county fiscal
body. The authorization shall be by an order entered in the official
records of the county executive. The agreement shall be executed:
(1) on behalf of the contributing county by at least a majority of
the members of the county executive; and
(2) on behalf of the lessee county by at least a majority of the
members of the county executive.
(f) If the execution of the original or modified contribution
agreement is authorized, notice of the signing shall be published on
behalf of the contributing county by publication one (1) time in a
newspaper of general circulation and published in the contributing
county. At least ten (10) taxpayers in the contributing county whose tax
rate will be affected by the proposed agreement may file a petition with
the county auditor of the contributing county not more than thirty (30)
days after publication of notice of the execution of the agreement. The
petition must set forth the objections to the contribution agreement and
facts showing that the execution of the contribution agreement is
unnecessary and unwise or that the amount of contribution is excessive.
On the filing of the petition, the county auditor shall immediately
certify a copy together with other data necessary to present the
questions involved to the department of local government finance. The
department of local government finance shall fix a time in the county
for the hearing not less than five (5) or not more than fifteen (15) days
after receipt of the certified petition and information. The department
of local government finance may either hold the hearing in the affected
county or through electronic means. Notice of the hearing shall be
given by the department of local government finance to the county
executive and to the first ten (10) taxpayer petitioners by certified mail
sent to the addresses listed on the petition, at least five (5) days before
the date of the hearing.
(g) An action to contest the validity of the contribution agreement
or to enjoin the performance of the agreement may not be instituted
later than thirty (30) days after publication of notice of the execution
of the agreement or, if an appeal has been taken to the department of
local government finance, not more than thirty (30) days after the
decision of the board.
(h) A contribution agreement may extend for the full term of the
lease or for any part and may provide for reimbursement by the
contributing county to the lessee county of a part of the lease rental
each year in an amount and upon terms and conditions agreed on
between the contributing county and the lessee county. The
contributing county shall annually levy a tax sufficient to produce each
year the necessary funds sufficient to reimburse the lessee county as
provided in the contribution agreement. The tax levies provided for in
this section shall be reviewable by other bodies vested by law with the
authority to ascertain that the levies are sufficient to raise the required
payments under the contribution agreement. The annual contribution
shall be paid semiannually to the lessee county before the date lease
rental payments are due from the lessee county.
[Pre-1993 Recodification Citations: 16-12-19-1;
16-12-20-16.5.]

Legislative History

As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.391; P.L.38-2021, SEC.59.