|
FINANCE AND TAXATION Section General Provisions 33.01 Membership dues; meeting expenses Funds 33.25 County Corrections Fund Taxation 33.45 Economic Development Income Tax imposed; capital improvement plan adopted Cross-reference: Board of Health fees, see 92.15 et seq. |
GENERAL PROVISIONS
§ 33.01 MEMBERSHIP DUES; MEETING
EXPENSES.
(A) The Board of County Commissioners is authorized to budget, and the County Council is authorized to appropriate, funds from the General Fund or from other funds to provide membership for the county and for the elected and appointed officials and members of the county's boards, council, departments, or agencies in local, regional, state and national associations of a civic, educational or governmental nature, which have as their purpose the betterment and improvement of county government operations.
(B) The Board of County Commissioners is authorized to budget, and the County Council is authorized to appropriate, funds to pay the expenses of duly authorized representatives to attend the meetings and functions of organizations to which the county belongs.
(`83 Code, § 34.08) (Ord. 1982‑15, passed 7‑26‑82)
§ 33.02 REPRODUCTION FEES.
The following fees are adopted for copies of county records:
(A) Accident reports, $5 per copy.
(B) Film costs for abstract companies, $.50 per foot.
(C) Theft, robbery, vandalism and B-cards, $1 per sheet.
(`83 Code, § 34.18) (Ord. 1985‑16, passed 9‑3‑85; Ord. 1985‑17, passed 9‑3‑85; Ord. 1985‑20, passed 9‑3‑85)
§ 33.03 EMERGENCY TELEPHONE SYSTEM
FEE.
(A) The monthly enhanced emergency telephone system fee for each exchange access facility, as defined by I.C. 36‑8‑16‑3, used in the county shall be $0.56 per month, commencing on October 1, 1993, and continuing monthly thereafter until further action to either increase or decrease such fee, which fees shall be used for the purpose of paying for the lease, purchase or maintenance of enhanced emergency telephone equipment, including necessary computer hardware, software and database provisioning, to pay the rates associated with the service suppliers' enhanced emergency telephone system network services, and to provide for a reserve for uncollected fees.
(B) Each service supplier that collects the enhanced emergency telephone fee on behalf of the county is entitled to a 3% administrative fee as compensation for collecting the fees. The remaining amount of the fee collected during the calendar quarter shall be remitted to the County Treasurer within ten days of the last day of the quarter. At the same time the collected fees are remitted, the service supplier shall provide a fee collection report to the County Treasurer on a form provided by the Treasurer.
(C) The County Treasurer shall deposit the remitted funds in a separate fund to be known as the “Howard County Emergency Telephone System Fund.” The County Treasurer may invest the money in the fund in the same manner other moneys are invested with the interest earned from such investment to be deposited in that fund.
(D) During January of each year, each service supplier that is required to collect the fee for the county shall provide a delinquent fee report to the County Treasurer. The report shall list the name, address and the amount due for each service user who is two or more months delinquent in paying the fee. The service supplier shall also indicate the amount of delinquent fees for which each person included on the list is liable. The County Treasurer may initiate an action in any court of competent jurisdiction to enforce the collection of the fees for which any service user is liable.
(CC Ord. 1988‑17, passed 8‑2‑88; Am. CC Ord. 1989‑4, passed 2‑21‑89; Am. BCC Ord. 1993‑27, passed 8‑2‑93)
§ 33.04 PROPERTY ENDORSEMENT FEE.
The Board of County Commissioners hereby establishes a Plat Book Fund to allow the County Auditor to collect $1 for each real property endorsement made.
(BCC Ord. 1991‑7, passed 3‑25‑91)
§ 33.05 TAX SALE LIST FEES.
The Board of County Commissioners hereby establishes a charge for taxpayers requesting copies of tax sale lists. For each tax sale list requested, a fee of $5 shall be collected.
(BCC Ord. 1992‑20, passed 6‑1‑92)
§ 33.06 SUPPLEMENTAL RECORDING FEES.
(A) Pursuant to I.C. 36‑2‑7‑10(b)(11), the County Recorder shall charge a supplemental fee of $3 per document, which shall be paid at the time the document is recorded.
(B) The supplemental recording fee of $3 is in addition to all other recording fees required by law for services rendered by the County Recorder.
Finance and Taxation 17
(C) Pursuant to I.C. 36‑2‑7‑10(b)(11), the supplemental fee shall be placed in the County Recorder's Records Perpetuation Fund, along with the fees collected pursuant to I.C. 36‑2‑7‑10(b)(5), (b)(6) and (b)(9), to be used by the County Recorder for the preservation of records and the improvement of record-keeping systems and equipment upon appropriation by the County Council.
(BCC Ord. 1995‑29, passed 8‑14‑95)
§ 33.07 SHERIFF'S DEPARTMENT COPYING
FEES.
(A) The following document copying fees are hereby established by and for the Sheriff's Department:
(1) Case reports, $5 for the first page and $3 for each additional page.
(2) Case cards (3x5 cards), $3 per card.
(3) VHS video tapes, $35 per tape.
(4) Standard size photographs, $5 for the first photograph and $3 for each additional copy.
(5) Special size photographs, $5 plus additional costs based on size.
(6) Criminal records check, $5 per check.
(7) Criminal investigation report, $5 for the first page and $3 for each additional page.
(B) The Sheriff's Department shall record and account for such fees collected as required by I.C. 36‑2‑7‑15 and any other applicable laws and regulations, and such fees may be deposited as cost reimbursements to such Sheriff's Department office accounts as the Sheriff shall deem appropriate.
(C) In accordance with I.C. 35‑47‑2‑3(b), the Sheriff's Department shall charge a $10 fee for each handgun permit application and such fee shall be
deposited in the Sheriff's Department's Firearms Training Fund and used for firearms training or firearms equipment purchase as authorized by the statute.
(D) This section shall not affect the Sheriff's Department's duty to disclose or not to disclose records as set forth in the Indiana Access to Records Act, being I.C. 5‑14‑3‑1 et seq.
(BCC Ord. 1995‑6, passed 2‑6‑95)
§ 33.08 COUNTY PROSECUTOR'S COPYING FEES.
(A) The County Prosecutor may establish and charge a fee of $0.50 per page to make copies of papers and documents to be provided to an individual and other agencies pursuant to the Indiana Access to Records Act, being I.C. 5‑14‑3‑1 et seq.
(B) The copying fee shall become the property of the General Fund, and will be submitted to and received by the County Auditor for deposit on a yearly basis into the General Fund.
(C) Funds so received by the county into the General Fund may be expended by the County Prosecutor by appropriation by the County Council for the General Fund into a line in the County Prosecutor's budget. Such appropriations may be made by regular budget appropriation or special appropriation, and the filing of claims after appropriation by the County Prosecutor.
(BCC Ord. 1996‑67, passed 12‑16‑96)
§ 33.09 COUNTY PROSECUTOR'S BAD CHECK SERVICE CHARGE COLLECTION FEES.
(A) The County Prosecutor may establish an account into which the County Prosecutor may deposit service charge fees that are collected and permitted under I.C. 35‑43‑5‑5(e) for the collection of bad checks.
(B) The service charge fees shall become the property of the General Fund and will be submitted to the County Auditor for deposit on a yearly basis into the General Fund.
(C) Funds so received by the county into the General Fund may be expended by the County Prosecutor by appropriation by the County Council for the General Fund into a line in the County Prosecutor's budget. Such appropriations may be made by regular budget appropriation or special appropriation, and the filing of claims after appropriation by the County Prosecutor.
(BCC Ord. 1995‑8, passed 2‑13‑95; Am. BCC Ord. 1996‑68, passed 12‑16‑96)
FUNDS
§ 33.25 COUNTY CORRECTIONS FUND.
(A) The County Council hereby elects to receive deposits from the Department of Corrections in accordance with I.C. 11‑12‑6‑1 et seq.
(B) The County Council hereby elects to receive such deposits under I.C. 11‑12‑6‑13 at Level III funding.
(C) There is hereby created a “County Corrections Fund” for 1999, to be administered by the County Sheriff. the fund shall consist of deposits received from the Department of Corrections in accordance with I.C. 11‑12‑6‑1 et seq.
(D) The County Corrections Fund may be used only for funding the operation of the county jail, jail programs or other local correctional facilities. Any money remaining in the County Corrections Fund at the end of the year does not revert to any other fund, but the money shall remain in the County Corrections Fund.
(CC Ord. 1990‑2, passed 2‑12‑90; Am. CC Ord. 1991‑3, passed 2‑26‑91; Am. CC Ord. 1992‑9, passed 3‑24‑92; Am. CC Ord. 1994‑18, passed 3‑22‑94; Am. CC Ord. 1995‑4, passed 1‑24‑95; Am. BCC Ord. 1996‑8, passed 2‑5‑96; Am. CC Ord. 1996‑11, passed 2‑6‑96; Am. CC Ord. 1997‑07, passed ‑ ‑97; Am. Ord. 1998-02, passed 1-20-98; Am. Ord. BCC 1999-07, passed 2-15-99; Am. Ord. BCC 2000-12, passed 3-6-00)
§ 33.26 CUMULATIVE CAPITAL DEVELOPMENT FUND.
(A) There is hereby established a Cumulative Capital Development Fund, which fund may be used for any or all of the following purposes:
(1) To purchase, construct, equip or maintain buildings for public purposes;
(2) To acquire the land and any improvements on it that are necessary for the construction of public buildings; and
(3) To demolish any improvements on land acquired for a public building and to level, grade and prepare the land for the construction of the public building.
(B) For the purpose of this section, the following definitions shall apply:
EQUIP. Includes any capital expenditure relating to the furnishing or operation of public buildings including, by way of illustration and not by way or limitation, purchases of office equipment, office furnishings, computers and voting machines.
MAINTAIN. Includes repairing, remodeling or enlargement.
(BCC Ord. 1989‑7, passed 3‑28‑89; Am. BCC Ord. 1994‑24, passed 4‑25‑94; Am. CC Ord. 1994‑25, passed 4‑26‑94; Am. BCC Ord. 1997‑41, passed 9‑15‑97; Am. CC Ord. 1997‑51, passed 11‑25‑97)
2000 S-2
§ 33.27 CUMULATIVE BRIDGE FUND.
(A) A need now exists for the establishment of a Cumulative Bridge Fund to provide funds for the cost of construction, maintenance and repair of bridges, approaches and grade separations as defined in I.C. 8‑16‑3‑1.5 and to make county-wide bridge inspections and safety ratings as stated in I.C. 8‑16‑3‑1.
(B) The Board of County Commissioners will adhere to the provisions of I.C. 8‑16‑3. The Cumulative Bridge Fund will not exceed $0.07 on each $100 of assessed valuation. Such levy will be levied beginning with the taxes payable beginning in 1996.
(BCC Ord. 1995‑19, passed 6‑5‑95)
§ 33.28 LAW ENFORCEMENT FUND.
(A) There is hereby established a Law Enforcement Fund. The fund shall consist of deposits in the form of voluntary surrender fees, reimbursement for restitution, seizure of assets and other law enforcement related fees recovered by the office of the County Prosecutor which are not required to be deposited in the General Fund.
(B) The Law Enforcement Fund shall be appropriated from funding activities recovered by I.C. 34‑4‑30.1 and 34‑4‑30.5 and liquidation of personal or real property obtained from criminal defendants.
(C) Monies from this fund shall be subject to appropriation in accordance with I.C. 36‑2‑5‑2.
(D) All money collected under this section shall be transferred to the County Treasurer, who shall deposit such funds and disburse as the County Prosecutor directs. Any money remaining in the fund at the end of the year does not revert to any other fund, but continues in the Law Enforcement Fund.
(CC Ord. 1990‑4, passed 2‑13‑90)
§ 33.29 WORK PROGRAM FUND.
(A) There is hereby established the Howard County Sheriff's Work Program Fund.
(B) All sums collected by the County Sheriff under § 32.03(B)(5) shall be deposited initially in the Work Program Fund and disbursed without appropriation in the following order:
(1) First, to the payment of the prisoners as provided in § 32.03(B)(3) at least monthly. A sufficient balance shall be maintained in the Work Program Fund at all times to cover all accrued obligations to prisoners;
(2) Second, the balance remaining after satisfaction of division (B)(1) of this section to the County Auditor for deposit in a special fund from which the County Auditor shall pay, upon proper request by the County Sheriff, expenses of the Work Program, including but not limited to the salaries of supervising deputies for the periods during which supervision is actually performed; and
(3) Third, any balance remaining after satisfaction of divisions (B)(1) and (B)(2) of this section shall be transferred by the County Auditor annually to the County General Fund.
(BCC Ord. 1997‑44, passed 10‑6‑97)
TAXATION
§ 33.45 ECONOMIC DEVELOPMENT INCOME TAX IMPOSED; CAPITAL IMPROVEMENT PLAN ADOPTED.
(A) The County Income Tax Council imposes the County Economic Development Income Tax (EDIT) on the county taxpayers. Such tax is imposed at a rate of 0.2% on the county taxpayers. This tax takes effect on July 1, 1996.
(CC Ord. 1996‑1, passed 2‑6‑96)
(B) The Board of County Commissioners hereby adopts the Amended and Restated Capital Improvement Plan, and such plan is hereby adopted by reference. Two copies of the plan shall be kept on file in the office of the County Auditor for public inspection.
(BCC Res. 1996‑28, passed 7‑15‑96; Am. BCC Res. 1996‑36, passed 9‑9‑96; Am. BCC Res. 1999-16, passed 4-26-99)
§ 33.46 VEHICLE TAXES: EXCISE SURTAX
AND WHEEL TAX.
(A) Excise surtax. Beginning January 1, 1984, and until further amended by ordinance, all passenger vehicles, motorcycles and trucks with a declared gross weight that does not exceed 11,000 pounds, registered in the county, that are now subject to an excise tax (in lieu of a property tax) shall also be subject to an annual excise surtax of 10%. The surtax on a vehicle shall not be less than $7.50, to be paid with the registration of the motor vehicle.
(`83 Code, § 70.20)
(B) Wheel tax.
(1) Beginning January 1, 1984, and until further amended by ordinance, all of the following six classes of vehicles and vehicles within those classes based on weight classification of those vehicles that are established by the Bureau of Motor Vehicles for use throughout the state, registered in this county, shall be subject to an annual wheel tax as set out in the following schedule, to be paid with the registration of those vehicles:
Vehicle Annual
Classification Wheel Tax
Buses............................................................... $15
Recreational vehicles......................................... 20
Semitrailers........................................................ 15
Vehicle Annual
Classification Wheel Tax
Tractors............................................................ $20
Trailers
Gross weight of less than 3,000 pounds....... 5
Gross weight of 3,000 pounds or more and less than 5,000 pounds 5
Gross weight of 5,000 pounds or more and less than 7,000 pounds 5
Gross weight of 7,000 pounds or more and less than 9,000 pounds 5
Gross weight of 9,000 pounds or more......... 5
Trucks................................................................ 15
(2) As provided by I.C. 6‑3.5‑5‑4, the following motor vehicles are exempt from the annual wheel tax: vehicles owned by the state, a state agency or a political subdivision; buses owned and operated by a religious or non-profit youth organization and used to haul persons to religious services or for the benefit of their members; and vehicles subject to the annual excise surtax.
(`83 Code, § 70.21)
(C) Use of funds. Beginning January 1, 1984, all of the excise surtax and wheel tax collected on motor vehicles registered in this county shall be distributed, as provided for in I.C. 6‑3.5‑4‑13 and 6‑3.5‑5‑15, to the county, city and town units of this county and shall be used only to construct, reconstruct, repair or maintain streets and roads under their jurisdiction.
(`83 Code, § 70.22) (Ord. 1983‑17, passed - ‑83)
§ 33.47 HOTEL AND MOTEL TAX.
(A) Commencing July 1, 1997, a tax is hereby levied on every person engaged in the business of renting or furnishing, for periods of less than 30 days, any rooms, lodgings or accommodations in any commercial hotel, motel, inn, tourist camp or tourist cabin, except state camping facilities, located in the county. The tax shall be imposed at a rate of 5% before July 1, 2007, and a rate of 4% after June 30, 2007, on the gross retail income derived from lodging income only and shall be in addition to the state gross retail tax imposed on those persons by I.C. 6‑2.5.
(B) The tax shall be imposed, paid and collected in exactly the same manner as the state gross retail tax is imposed, paid and collected pursuant to I.C. 6‑2.5. All the provisions of I.C. 6‑2.5 relating to rights, duties, liabilities, procedures, penalties, definitions and administration apply to the imposition and administration of the tax imposed under division (A) above, except to the extent those provisions are in conflict or inconsistent with the specific provisions of I.C. 6‑9‑16. Specifically and not in limitation of the foregoing, the terms PERSON and GROSS RETAIL INCOME shall have the same meaning in this section as they have in I.C. 6‑2.5, except that PERSON shall not include state- supported educational institutions. The return to be filed for the payment of the tax under this section may be either a separate return or may be combined with a return filed for the payment of the state gross retail tax as the Department of State Revenue may, by rule or regulation, determine. The amounts received from the tax shall be paid quarterly by the State Treasurer to the County Treasurer upon warrants issued by the State Auditor.
(C) Exception. The tax imposed under division (A) above does not apply to the renting or furnishing of rooms, lodging or accommodations to a person for a period of 30 days or more.
(I.C. 6‑9‑15‑6) (`83 Code, § 32.06(E), (F)) (Ord. 1981‑21, passed 10‑13‑81; Am. CC Ord. 1997‑27, passed 6‑24‑97; Am. CC Ord. 1997‑36, passed 8‑26‑97)
§ 33.48 MOBILE HOME AND PROPERTY TAXES; SINGLE PAYMENT IF $25 OR LESS.
(A) Effective January 1, 1987, an owner of a mobile home is hereby required to pay his or her property tax liability for his or her mobile home in one installment if the tax liability for a particular year is less than $25.
(B) Whenever a tax statement mailed under I.C. 6‑1.1‑22‑8 shows that an owner's property tax liability for a particular year for a mobile home is less than $25, the owner shall pay the entire tax liability for the mobile home for that year on May 10 of that year.
(C) Effective January 1, 1987, a person is hereby required to pay his or her property tax liability in one installment if the tax liability for a particular year is less than $25.
(D) Whenever a tax statement mailed under I.C. 6‑1.1‑22‑8 shows that the person's property tax liability for a year is less than $25 for the property covered by that statement, the tax liability for that year is due in one installment on May 10 of that year.
(CC Ord. 1986‑18, passed 12‑2‑86)
Copyright 1999 by Howard County, Indiana
Website Maintained by Cyberville Webworks