Sec. 38. (a) If the county fiscal body adopts an ordinance adopting the control board's financial plan as provided in section 35 of this chapter and the plan includes a proposal to adopt the local income tax, the control board may request an advance of state general fund money in the year the county fiscal body adopts the plan and in any subsequent year in anticipation of the local income tax revenue. However, the state, acting through the state board of finance, may not advance an amount that is greater than the amount of local income tax revenue expected to be collected within the year in which the advancement is made. The department of state revenue shall estimate and certify to the state board of finance the amount of local income tax revenue expected to be collected.
(b) If the county fiscal body adopts an ordinance adopting the control board's financial plan as provided in section 35 of this chapter and the plan includes a proposal to adopt the local income tax, a state advance from the state general fund must be repaid before any money is distributed to the county. The treasurer of state shall withhold sufficient money from the county's local income tax account to repay the state the amount of state advances provided to the county from the state general fund. The treasurer of state shall disburse any balance in the county's account to the county, to be used as provided in section 40 of this chapter.
(c) This section does not impose liability on the state for the township assistance debts of the county.
[Pre-1992 Revision Citation: 12-2-14-33.]
As added by P.L.2-1992, SEC.14. Amended by P.L.73-2005, SEC.137; P.L.197-2016, SEC.106.
Structure Indiana Code
Article 20. Township Assistance
Chapter 25. Township Assistance in Distressed Townships
12-20-25-1. Application of Chapter
12-20-25-4. "Distressed Township"
12-20-25-6. Notification of Township Board of Distressed Status
12-20-25-7. Action Upon Notice of Township Distress; Certification to Governor
12-20-25-8. Management Committee; Membership
12-20-25-9. Service at Will of Governor
12-20-25-10. Township Trustee's Duties to Advise and Assist
12-20-25-11. Committee Administration of Township Trustee's Office
12-20-25-12. Township Assistance Control Board
12-20-25-14. Authority of Township Trustee
12-20-25-15. Duties of Committee; Rules
12-20-25-16. Litigation Powers and Duties
12-20-25-17. Committee Powers Regarding Employees
12-20-25-18. Adoption of Rules
12-20-25-19. Registration for Work at Department of Workforce Development Prerequisite to Assistance
12-20-25-21. Denial of Claims; Grounds
12-20-25-22. Payment of Unpaid Claims of Creditors
12-20-25-23. Statement of Claim; Filing Limitations
12-20-25-24. Information Regarding Creditors' Claims; Notice to Creditors
12-20-25-25. Notice by Publication
12-20-25-26. Review and Evaluation of Claims
12-20-25-27. Payment of Claims; Invalid and Unreasonable Claims
12-20-25-28. Determination of Validity and Reasonableness of Claim; Finality; Appeal
12-20-25-29. Township Assistance Control Board; Membership; Salaries
12-20-25-30. Powers and Duties of Control Board
12-20-25-31. Distribution Rules; Requirements
12-20-25-32. Report; Financial Plan Recommendation
12-20-25-33. Operating Budget; Financial Plan; Adoption
12-20-25-34. Financial Plan; Contents
12-20-25-36. Department Action; Transfer of Funds to Township Assistance Account
12-20-25-38. Advance of State General Fund Money; Repayment
12-20-25-39. Deposit of Tax Proceeds; Disbursement
12-20-25-40. Local Income Tax Township Assistance Control Fund; Disbursement Priorities
12-20-25-41. "Advance"; "Support"; Termination of Controlled Status
12-20-25-44. Distribution of Local Income Tax; Rescission of Tax; Termination of Tax
12-20-25-45. Adjustments to Local Income Tax; Local Homestead Credit
12-20-25-46. Income Tax Revenues; Distribution After Termination of Controlled Status
12-20-25-47. Continuation of Rules Until Modified or Terminated
12-20-25-48. Audits or Reports as Public Records
12-20-25-49. Maximum Permissible Ad Valorem Property Tax Levy Mandatory
12-20-25-50. Office Space for Management Committee and Control Board
12-20-25-52. Nature and Uses of Distressed Township Supplemental Township Assistance Fund
12-20-25-53. Contents of Distressed Township Supplemental Township Assistance Fund
12-20-25-54. Audit Disclosing Negligence or Unlawful Conduct; Criminal or Civil Charges
12-20-25-55. Failure to Notify of Distressed Condition; Offense