Sec. 42. (a) This section applies to a township that was certified a distressed township before January 1, 1988.
(b) The controlled status of the distressed township is terminated on July 1, 1989, if the department finds that the following conditions exist:
(1) All valid township assistance claims in the distressed township, including the claims approved under IC 12-2-14-22 (before its repeal), IC 12-2-14-23 (before its repeal), or section 27 or 28 of this chapter, have been paid, except for the following:
(A) Claims under litigation before the date of the board's finding.
(B) Obligations owed to other political subdivisions.
(2) The township has no bonds outstanding that were issued to pay for township assistance in the distressed township.
(c) Notwithstanding section 4(2) of this chapter, if a township that has had the township's distressed status terminated under subsection (b) uses advances from the county from proceeds of bonds issued under IC 12-2-1 (before its repeal) or this article to pay township assistance claims more than one (1) time in the five (5) years following the termination of the township's distressed status, the township must have the township's civil and township assistance budgets reviewed and approved by the county fiscal body in each year that a tax is levied against the property in the township to repay the advances. The decision of the county fiscal body may be appealed to the department.
(d) Notwithstanding IC 12-2-5-6 (before its repeal), IC 12-2-5-8 (before its repeal), IC 12-20-23-15 (before its repeal), and IC 12-20-23-19 (before its repeal), the aggregate principal amount of any outstanding debt that is incurred to pay township assistance claims during the five (5) years following the termination of the township's distressed status under subsection (b) and that is in excess of one-tenth percent (0.1%) of the adjusted valued of taxable property in the township as determined under IC 36-1-15 is the direct general obligation of the county.
[Pre-1992 Revision Citation: 12-2-14-36.5.]
As added by P.L.2-1992, SEC.14. Amended by P.L.6-1997, SEC.148; P.L.90-2002, SEC.361; P.L.73-2005, SEC.140; P.L.169-2006, SEC.43.
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