indiana news 92 - Association of Indiana Counties
Transcription
indiana news 92 - Association of Indiana Counties
Association of Indiana Counties Inc. 101 West Ohio Street, Suite 1575 Indianapolis, Indiana 46204-2051 PRESORTED STANDARD U.S. POSTAGE PAID TWG, INC. COUNTY Ripley HISTORY, NATURE, BASKETBALL AND MORE! Volume 20 Number 4 July/August 2014 INDIANA NEWS 92 Fired up. Communities across Indiana depend on their county officials to make important decisions that will benefit citizens. As Indiana’s largest law firm, Barnes & Thornburg LLP is passionate about assisting many county officials with legal issues they face on a daily basis, including: • • • • • Financing county facilities Generating economic development strategies Litigating cases when necessary Developing county employment policies Addressing environmental issues You can’t teach that kind of passion. But when you come to us for advice, you can certainly expect it. btlaw.com Elkhart 574-293-0681 ATLANTA Fort Wayne 260-423-9440 CHIC AG O DEL AW AR E IN DIAN A LO S A N G E LE S Indianapolis 317-236-1313 MICHIGAN M I N N E A P O LI S South Bend 574-233-1171 OHIO W A SH I N G TO N, D. C. What’s Inside Vol. 20 Number 4 July/August 2014 Features 4 Calendar SEPTEMBER 12-14 Coroners’ Training – Sheraton Hotel Keystone Crossing 22-25 Annual Conference – Monroe County OCTOBER By David Bottorff 6 8 10 21-24 Auditors’ Fall Conference – Sheraton Hotel Keystone Crossing 14 NOVEMBER 18 AIC Institute Class – Legislative Affairs (Organization Day Statehouse) 18 AIC Board Meeting DECEMBER 1-4 IACC Annual Conference – Sheraton Hotel Keystone Crossing 9-10 NEO AIC/SBOA All and specific for Auditors and Treasurers 16-17 NEO AIC/SBOA All and specific for Clerks and Recorders 12 AIC Board Meeting www.IndianaCounties.org 16 NACo Activity on the Federal Front is Helping Indiana Simplify Local Income Taxes By Andrew Berger Federal Rule Change Has Local Consequences By Adam Johnson On the Cover: Ripley County History, Nature, Basketball and More! AIC Annual Conference – Dinner Choices Create Unique Night Out on the Town By Christine Traina 2014 Legislation Brings Changes to County Budget Process By Ice Miller LLP Extras 5AIC On the Move 18 Professional Services Directory July/August 2014 INDIANA NEWS 92 3 The Director’s Chair NACo Activity on the Federal Front is Helping Indiana By David Bottorff, Executive Director dbottorff@indianacounties.org While the Indiana General Assembly concluded in March and the state’s interim study committees are organizing for their meetings, county government issues at the federal government level have been numerous. The National Association of Counties (NACo) has been actively representing counties on financial issues and several environmental related issues. One of the top financial related items for NACo this summer has been reauthorization or extension of the Highway Trust Fund (HTF). The current law, often referred to as MAP-21, is set to expire Sept. 30, 2014, and an extension or re-authorization is a top priority for counties and states across the country. Indiana’s share of MAP 21 money goes directly to the state of Indiana and the state shares some of it with local units of government. Indiana counties own nearly 70 percent of the Indiana roadway system and more than 12,000 bridges; the share of federal money that makes its way to local projects is critical. NACo and AIC urge Congress to fix the Highway Trust Fund and pass a long-term surface transportation bill (preferably six years in length) that provides sufficient funding and supports counties’ surface transportation priorities. It appears at this time that temporary solution(s) or extensions are likely rather than a multi-year commitment. A big victory delivered by NACo recently was the Payment in Lieu of Taxes revenue for 28 Indiana counties. Indiana counties with substantial federally owned land divided more than $500,000 as a Payment in Lieu of Taxes (PILT) revenue. The PILT checks were sent 4 INDIANA NEWS 92 July/August 2014 to the counties in June. The PILT program was first authorized in 1976 as a federal payment in lieu of property tax payments for counties with vast federally owned land. Like most federally funded programs, defending PILT payments is a constant crusade and NACo is the leading national organization for federal PILT payments. NACo is also advocating legislation that would prevent implementation of the Environmental Protection Agency’s authorization to include nonnavigable waterways. For more information on this topic, Water of the U.S. or WOTUS, read Adam Johnson’s article on page 8. Another EPA regulation of concern to many Indiana counties with power plants is the proposed rule on greenhouse-gas proposed regulations on existing power plants. The regulations could be devastating for energy production plants and coal production in Indiana. The assessed value of power plants is a critical part of the property tax base for many counties and the closing of any of those major plants would cause large shifts in property tax liability. The power of cooperation through associations is immeasurable. NACo offers a variety of services for counties and many programs to save counties and taxpayers money. In Washington D.C., NACo is the only organization that lobbies on behalf of counties. NACo develops its policy positions through a multitude of steering committees; if you are interested in serving on a NACo policy steering committee, contact me and I can work on getting you appointed to a NACo committee. Association of Indiana Counties Inc. AIC On the Move INDIANA NEWS 92 AIC on the Move The official magazine of Association of Indiana Counties, Inc. 101 West Ohio Street, Suite 1575 Indianapolis, Indiana 46204-2051 (317) 684-3710 FAX (317) 684-3713 www.indianacounties.org Karen Avery, Editor OFFICERS President: Jeff Quyle, Morgan County Council First Vice President: Al Logsdon, Spencer County Commissioner Second Vice President: Jane Grove, Randolph County Treasurer Third Vice President: Terri Rethlake, St. Joseph County Clerk Treasurer: Larry Hesson, Hendricks County Council STAFF David Bottorff, Executive Director dbottorff@indianacounties.org Andrew Berger, Director of Government Affairs & General Counsel aberger@indianacounties.org Karen Avery, Director of Public Relations kavery@indianacounties.org Alicia Ramer, Finance & Business Development Coordinator aramer@indianacounties.org Christine Traina, Director of Planning and Professional Development ctraina@indianacounties.org David Bottorff, AIC Executive Director, met with county officials in Tippecanoe County Aug. 4 to discuss 911 issues, and in DeKalb County Aug. 6 to discuss the assessment appeals process. He also met with Treasurers during their conference in Tippecanoe County Aug. 12 and 13. Andrew Berger, AIC Director of Government Affairs, traveled to Fountain County July 21 to meet with the county council members to discuss LOIT options. He also met with Tippecanoe County officials Aug. 4 on 911 issues, and also attended the Treasurers’ Conference in Tippecanoe County Aug. 12 and 13. Berger met with DeKalb County officials Aug. 6 to discuss assessment appeals. Christine Traina, AIC Director of Planning and Professional Development, was in Tippecanoe County Aug. 12 & 14 for the Indiana County Treasurers’ Association Conference; Monroe County Aug. 13 & 21 organizing plans for the AIC’s 2014 Annual Conference; and attended the Indiana County Assessors’ Association Summer Conference in Marion County on Aug. 27. Adam Johnson, AIC Deputy Director of Government Affairs, travelled to the northern end of the state on July 23 to meet with the Recorders Association for their Northern District Meeting. Meeting just outside of Elkhart in Middlebury, the Recorders discussed past legislation updates as well as some potential items to address in the future. He also attended Drainage School with county officials on Aug. 27 to help promote an understanding of control drainage laws and dispute resolutions. Adam Johnson, Deputy Director of Government Affairs ajohnson@indianacounties.org The Association of Indiana Counties, Inc. (AIC) was founded in 1957 for the betterment of county government. Each of Indiana’s 92 counties are members of the AIC. The AIC Board of Directors is made up of elected county officials and is responsible for overall AIC policy and management. AIC serves it members through lobbying, education, publications, research, and technical assistance. AIC Welcomes New Staff Member ADAM JOHNSON Indiana News 92 is published bi-monthly by the AIC at 101 W. Ohio St., Suite 1575, Indianapolis, IN 46204-2051. It is distributed to county elected officials, county employees, state and federal legislators, state agency personnel, National Association of Counties (NACo), universities, non-profit associations, media, and organizations interested in the betterment of county government. For advertising rates and other information, please contact Karen Avery, Editor. All county members receive annual subscriptions to Indiana News 92 magazine through payment of county dues. Subscription Rate: $25.00 per year. Postmaster: Send address corrections to: AIC 101 West Ohio Street, Suite 1575 Indianapolis, IN 46204-2051 www.IndianaCounties.org Adam Johnson is a 2011 graduate of Indiana University and though he currently lives in the Indianapolis area, he will always call Gibson County home. After spending some time post-graduation selling insurance in his hometown for Fort Branch, he decided to try his hand in politics. Adam served as a field manager during the 2012 election for the House Republican Campaign Committee. Prior to joining the AIC Adam spent two years working for the Indiana House Republican staff as a legislative assistant. Adam Johnson “I’m excited about the transition from the statehouse to the AIC,” said Johnson. “I look forward to helping counties continue to be the most connected and direct representatives of their constituents, while still maintaining a proactive and responsible stance in government.” Adam will be representing Indiana county recorders and surveyors. Please feel free to contact him at ajohnson@indianacounties.org or at 317-829-3655. July/August 2014 INDIANA NEWS 92 5 Politics & Policy Simplify Local Income Taxes By Andrew Berger, Director of Government Affairs & General Counsel aberger@indianacounties.org In late June, Governor Pence convened a one-day conference of tax policy analysts and elected officials to discuss ways to make Indiana’s tax structure more competitive and simpler to understand. While much of the attention was devoted to the broad prognostications of high profile supply-side acolytes, more detailed and nuanced discussions occurred in the breakout sessions. One of these sessions was devoted to local taxation and another to state income taxes. It is no secret to those who file income tax returns that the size of the state forms and instructions have increased greatly in recent decades as exemptions, deductions, and credits have proliferated. At the same time, local income taxes have increased in scope and complexity. Beginning with the passage of CAGIT in the early 1980s, with a cap of 1 percent, of which up to 50 percent may be used for property tax replacement credits, the options and potential rates have ballooned. Today, CAGIT has been augmented by COIT and CEDIT, with additional rates available for property tax relief and public safety spending. The tax relief can come in the form of specific credits for homesteads, all residential property, or all properties, or as a direct replacement to growth in property tax revenue. In total, seven separate local income tax rates are possible. There are also dozens of specific rates for particular counties for uses like jail operations. The sheer volume of rates does not tell the whole complex story. Some rates cannot be adopted together and others must be adopted together. In the majority of counties, the county council makes local income tax decisions, in others those decisions must be a collaborative effort between the county and municipalities, while in eight counties, one municipality decides income taxes for the entire county. Some income tax revenue is distributed to units based on their share of the county’s population, some based on each unit and school’s property tax levy reduction, and others based on a civil units’ share of the county-wide levy. 6 INDIANA NEWS 92 July/August 2014 The local income tax structure is obviously complex, but complexity in and of itself is not inherently negative. The complexity is derived not out of specific intent but rather from years of individual policy decisions meant to deal with the circumstances at the time layered upon one another. Why, then, work to simplify the income tax code? The most important reason for simplification is transparency. Taxpayers’ confidence increases when there is transparency in the process for spending their tax dollars. This is a prime reason why local governments, which principally fund public safety and infrastructure, have higher levels of trust than the state or federal governments. Complex tradeoffs where locals collect income taxes only to provide it back to taxpayers (not necessarily the same taxpayers) through property tax credits or reductions in the property tax levy are confusing, as is the dedicated status of these revenue streams, which can change locally or in state code. What units receive the revenue is similarly difficult to understand. For the taxpayer, a clear cut rate, destination and usage are best. Simplification of Indiana’s unwieldy local income tax system will benefit both taxpayers and governing bodies. Transparency also benefits local and state decision makers. The complex intertwined income and property tax systems make fashioning policy to achieve specific goals difficult. One action to help one subset of taxpayers or a unit’s revenue can have negative impacts in other areas. The tax caps only exacerbate this problem. A simpler system, that can be comprehended by all local and state officials, with identifiable causes and effects, would be better. Finally, simplicity in taxes benefits economic development, particularly Association of Indiana Counties Inc. small business. Large firms have the resources to hire attorneys and accountants to navigate complex tax systems. Smaller businesses benefit from administrative savings, confidence in tax spending, and a clearer understanding of the various trade-offs (or lack thereof) in state and local taxes. county. This guarantees the representation of all income taxpayers and, if the distribution issues are dealt with, removes some of the reverse incentives that have impacted county council decision making under the current system. Of course, municipalities would find problems with this approach. The three areas of local income tax simplification, rates, distribution and adoption can be addressed individually or holistically with varying degrees of change. And, because so much local income tax revenue is dedicated to property tax relief, changes will likely have to be paired with adjustments to property taxes. Simplification of Indiana’s unwieldy local income tax system will benefit both taxpayers and governing bodies. A more transparent and less convoluted system will hopefully lead to better local decisions that both enhance tax relief where appropriate and require lower overall income tax rates to achieve the same policy goals. Simplification of local tax rates is the most straightforward and allows the most flexibility. With a broad stroke, current tax rates in each county could be amalgamated into a single rate. The current revenue for property tax relief would have to be maintained to some degree. A decision would be required as to whether the current divergence between relief affected by both levy replacement and direct credits to taxpayers would be maintained or consolidated to one form (probably credits). A half-step may be to retain two separate rates, one for property tax relief and one for spending. Any scenario should have the important element of decoupling the spending rates from any tax relief rates and the granting of flexibility to locals to provide tax relief at the level and to what class of taxpayers is most effective in their county. The distribution of tax revenue is more difficult politically because it necessarily causes reductions to some units and increases to others. The simplest change would be to make the distribution based on population with the county share determined by the unincorporated residents. However, a percentage should be withheld for the county to account for county-wide services like courts, jails and tax administration that is not duplicated by any other unit. Simplification of the adoption process can be as simple as establishing the county council as the decision making body in every Stay Informed. Let the AIC know your preferred mailing and email address, phone and fax number today. If you want your mail directed to a different address let us know! Also, the AIC frequently uses email to provide notices and updates to our members. Make sure we have your email on file so you can stay up to date. www.IndianaCounties.org Green. Clean. Sustainable. You can turn rising costs into spendable dollars. Ameresco is the premier energy services company in Indiana, providing local communities with self-funding energy saving solutions. We provide energy efficiency and renewable energy services with flexible financial solutions. We have captured over $10,000,000 in savings for counties by turning their inefficiencies into spendable dollars that benefit their communities. Call your local representatives: Mark Heirbrandt, 800.431.0704 • Jeff Metcalf, 888.263.7372, X4624 www.ameresco.com ©2010 Ameresco. All rights reserved. It’s Easy! Visit www.IndianaCounties.org to update your contact information Fax your contact information to (317) 684-3713 attn: Karen Avery. Email your contact information to Karen Avery at kavery@indianacounties.org. July/August 2014 INDIANA NEWS 92 7 Politics & Policy Federal Rule Change Has Local Consequences By Adam Johnson, Deputy Director of Government Affairs ajohnson@indianacounties.org On April 21, the United States Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) released a new proposed rule concerning the definition of Waters of the U.S. (WOTUS) under the Clean Water Act. This rule would amend the definition of waters of the U.S. to greatly expand the range of waters that fall under federal jurisdiction. It may seem strange that counties would take issue with these proposed changes, but the fact remains that it can greatly impact the way local governments operate. The proposed definition would modify existing regulations that have been in place for more than 25 years regarding which waters fall under the Clean Water Act and therefore federal jurisdiction. Because of this, counties will potentially 8 INDIANA NEWS 92 July/August 2014 have more waters becoming federally protected and subject to new standards. This could include county-owned ditches, municipal separate storm sewer systems (MS4s), other storm water and green infrastructure systems, flood channels, county regulated drains and roadside ditches. The largest concern with the increase in county-owned waterways falling under federal regulation is the potential red tape that would now stand in the way of standard ditch maintenance activities. Once under federal regulation, Section 404 permits must be required from the federal government to perform standard maintenance. The permitting process has often been criticized for its expensive, time-consuming and inefficient process. Losing the ability to maintain Association of Indiana Counties Inc. county waterways without a federal permit immediately becomes a large burden on local units. Add in the costs of the permitting process and the local ratepayers will likely see a rate increase on their sewer bills. This proposed rule change, however, would not just affect Section 404 permitting. Section 402 National Pollution Discharge Elimination System program and Section 303 Water Quality Standards program would also come into play. Ultimately a county would be liable for the maintenance of their ditches, whether they receive federal permits of approval or not. That opens up counties to liability issues if flooding or other problems were to occur. In 2002, the County of Monterey, Calif. was held liable in court for the failure to maintain a levee. The county argued they lacked the approval of the Army Corps of Engineers to do any maintenance. Monterey officials claimed the process was too slow. However, the California Fourth District Court of Appeals still held the city of Monterey at fault for the failure to maintain their charge (Arreola v Monterey). In addition to liability issues, the vagueness of terms and definitions in the proposed rule threaten to bring county, city and town gutters, county regulated drains, ditches and channels used to direct storm water into federal jurisdiction. Doing so would subject these structures to additional water quality standards and force the discharge of these systems to be regulated. The EPA and other federal agencies have expressed their lack of intent to initially enforce such regulations, but with the vague proposed rule they could be forced to do so through citizen initiated lawsuits or still remain problematic with overzealous state and federal employees. In the end, many of the concerns that arise from the new proposed EPA rule can be cleaned up through more specific definitions and/ or explicit local government exemptions. Despite assurance from the EPA and other federal regulatory agencies, the new proposed rule should be modified to help solidify definitions and not continue the vagaries that leave enforcement and interpretation up to the agencies themselves. Counties and cities need more certainty in these rules and definitions in order to assure they can uphold their responsibility to their tax paying citizens. If costs and implications of the current proposed changes are not recognized ahead of time, it will have a negative impact on many local counties. The EPA’s proposed rules are currently in an open comment period where anyone is welcome to submit comments addressing their concerns with the proposition. The National Association of Counties (NACo) has put together a webpage to help with anyone who would like to submit comments to the EPA. That can be found under the take action tab at www.naco.org/legislation/pages/wous. aspx. The deadline on the comment period is Oct. 20, 2014. www.IndianaCounties.org July/August 2014 INDIANA NEWS 92 9 On the Cover: Ripley County HISTORY, NATURE, BASKETBALL AND MORE! Ripley COUNTY Southeast Indiana’s Ripley County is known internationally for at least three communities – Batesville, Milan, and Friendship. Corporation names of Hill-Rom, Hillenbrand Industries, Batesville Casket Company, and RomWeber Furniture in Batesville have brought notoriety to northern Ripley County for many years, as well as the art of the Weberding Carving Shop. Hospital beds and furniture, caskets, and hand-carved wooden furniture are just a few of the items associated with Batesville; many have even been spotted in movies. Weberdings Carving shop has been creating unique pieces and duplicating damaged church furnishings around the world for more than 50 years. Milan’s water tower honors the 1954 State Basketball Champions. Milan is home to the inspiring story of the small town high school basketball team that defeated the much larger Muncie Central in the 1954 Indiana Basketball State Championship game. The David vs Goliath story (that could not happen today because of the newer class basketball system) inspired the movie Hoosiers. A new museum sharing memorabilia and stories of the early 1950s and the game, as well as the largest collection of items from Hoosiers, opened last year. The Milan ’54 Hoosiers Museum on Carr Street has drawn visitors from all over the world to hear the stories and hopefully meet one of the players who occasionally stop in town. Friendship is more than one of those places where everyone knows your name; it’s home to the National Muzzle Loading Rifle Association (NMLRA), with members all over the world. The beautiful Friendship valley each spring and summer hosts large muzzle loading competitions and living histories, and other events throughout the year. The spring and fall events also draw thousands to the valley for flea markets where 10 INDIANA NEWS 92 July/August 2014 Association of Indiana Counties Inc. Versailles State Park was built by the Civilian Conservation Corps. Its history and beauty attract many vistiors for outdoor recreation, including the park's new mountain biking trails. www.IndianaCounties.org Ripley County Courthouse July/August 2014 INDIANA NEWS 92 11 On the Cover: Ripley County Whispering Beard Folk Festival; Muzzle loading and living history in Friendship Valley Festival-Bluegrass in the Valley the first weekend of October, but may move to a different date in 2015. hundreds of booths are set up with everything from hand carved items to antiques and more. Versailles State Park, Indiana’s second largest, is a very popular spot in Ripley County. Built by the Civilian Conservation Corps (CCC), history (many original buildings remain) and beauty bring visitors to the park for camping and hiking. The lake and pool have drawn visitors for many years, and now the new mountain bike trails have gained regional attention, with their beautiful views and challenging rides. A horseman’s camp is under development, so those who love the horse trails will be able to camp too. The Friends of Versailles State Park organization schedules hikes and other activities throughout the year. Annual events are big for Ripley County residents, from firemen’s festivals throughout the county to larger NMLRA competitions. The courthouse square has been home to the Versailles Pumpkin Show, the last full weekend of September, for more than 100 years. Batesville’s Liberty Park hosts events, such as the Music and Arts Festival and the Apple Festival. The last weekend in June is the F.A.R.M. Club Antique Machinery Show in Osgood. Friendship is becoming the place for music festivals: the Whispering Beard Folk Festival the end of August, and the Friendship Music Versailles Pumpkin Show 12 INDIANA NEWS 92 July/August 2014 Ertel Cellars Winery and Bistro, and Lil’ Charlie’s Brewery and Restaurant are popular spots, as well as the 150+ year old Sherman House Restaurant and Inn. A show at the Damm Theatre in Osgood, or the Bel Aire Drive-in are popular. Antique and gift shops can be found in the communities throughout the county, for those in search of treasures. Ripley County was organized in 1818, named in honor of General Eleazer Ripley, a hero of the War of 1812. The county seat, Versailles, was laid out and the first courthouse was finished in 1821. The current courthouse was completed in 1863, with several renovations following, including the 1932 clock tower. A beautiful large, black granite Veterans Memorial graces the courthouse lawn, and is part of Memorial Day Services, including veterans from across the county. In 2012 the county began moving offices into a beautiful new 40,000 square foot annex building. County officials are proud to note the project was not financed, but paid for with saved funds and riverboat money. Parts of the 1863 courthouse underwent renovations to adjust for office changes. Now the Circuit and Superior courts and supporting offices are together at the courthouse, with other county offices in the annex. More information about Ripley County is available at www.ripleycounty.com or tourism information at www.ripleycountytourism.com. Ripley County Tourism Bureau 220 East U.S. 50, P.O. Box 21 Versailles, Indiana 47042 888-747-5394 Association of Indiana Counties Inc. GUARANTEED HE’S NOT THINKING ABOUT INSURANCE COVERAGE RIGHT NOW. He knows his world could change in a single moment. That’s why he focuses all his attention on his job. That’s why he depends on you to focus on details like premiums and survivor benefits. Since 1970, Indiana’s governmental agencies have chosen our comprehensive programs for liability, workers compensation and professional liability coverage. Today, more than 1,000 Indiana cities, towns, counties and government organizations trust us to protect their civil servants. Learn more about how Downey Public Risk Underwriters can help you in all aspects of your service from application and marketing assistance to customer service and prompt claims management. Contact us at 1-800-382-8837. www.downeypublicrisk.com AIC Conference AIC Annual Conference – Dinner Choices Create Unique Night Out on the Town By Christine Traina, Director of Planning and Professional Development ctraina@indianacounties.org The AIC Annual Conference is next month in Monroe County! Typically on the Tuesday evening of conference, the AIC Conference Vendors host a night out on the town in our host city where conference attendees can go to any of the participating restaurants for dinner and merriment. NEW THIS YEAR: the AIC Conference Vendors are still hosting a night out, but conference attendees will need to decide where they would like to have dinner before hitting the town. Each county attendee will receive a voucher in their registration packet. When the Exhibit Hall opens on Tuesday afternoon, attendees will need to cash in their voucher for a real dinner ticket at the restaurant of their choice. The restaurants will be spread out within the Exhibit Hall so be sure to check all ends of it to get to your desired restaurant. It’s kind of a Willie Wonka hunt for the golden ticket meets The Amazing Race because there are limited tickets per venue. There are plenty of tickets, but there is a limit on the number available per restaurant. This is designed to make your dinner more enjoyable for all. You won’t have a long wait to be seated, and the superb restaurants Bloomington has to offer can really shine with their Hoosier hospitality. Before dinner, be sure to stop by the newly renovated Monroe County Courthouse for a personal tour. Experience the musical styling of a local Bloomington band on the courthouse lawn and enjoy some appetizers compliments of the Indiana Sheriff’s Association. // Night Out PARTICIPATING RESTAURANTS • KILROY’S SPORTS • TROJAN HORSE • IRISH LION • CRAZY HORSE * participating restaurants as of August 8, 2014 // 14 INDIANA NEWS 92 July/August 2014 Association of Indiana Counties Inc. AIC Institute for Excellence in County Government Offers Classes LIVE class or webinar: Which do you prefer? AIC offers both! Attend an AIC Institute for Exellence in County Government class LIVE or watch the recording from your desk. Either way, you get the training you need. For more information and to find class schedules, go to: AIC Institute Sponsored by Vectren Corporation www.indianacounties.org “click on the training/education tab” www.IndianaCounties.org July/August 2014 INDIANA NEWS 92 15 Legal Insight Legal Insight 2014 Legislation Brings Changes to County Budget Process By Karen Arland, Ice Miller LLP Legislation enacted by the Indiana General Assembly in 2014 will bring changes to the statutory procedures counties (and all other taxing units) are required to use when adopting budgets. Although some of the changes do not take effect until next year, counties should begin now to plan to take advantage of those changes. Changes in Budget Publication Requirements – P.L. 183-2014, SEC. 20 (HEA 1266) provides that, beginning with budgets to be adopted this year for 2015, the estimated budget, estimated maximum permissible levy, the current and proposed tax levies of each fund and the amounts of excessive levy appeals to be requested, that information must be submitted to the Department of Local Government Finance (DLGF) computer gateway (Gateway) at least 10 days prior to the public hearing on the budget, and not later than Sept. 14. For taxes due and payable in 2015 and 2016, the county is also required to publish a notice provided by the DLGF in two newspapers in the county (assuming there are two newspapers published in the county) that provides the Gateway Internet address where a taxpayer may review the budget information and a telephone number through which taxpayers may request copies of any political subdivision's information submitted to Gateway. The county may seek reimbursement from the other political subdivisions in the county for the costs of that notice. For 2015 budgets to be adopted in 2014, if a county (or any other political subdivision) fails to publish in a timely manner the budgets, tax rates and tax levies OR submit that information to Gateway on a timely basis, the DLGF will not approve the 2015 budget and the county will have its 2014 annual appropriations and annual tax levy continued for the following budget year. If the information is published and submitted in a timely manner, but contains an error, the county or appropriate fiscal body may ask the DLGF for permission to submit amended budget information to Gateway and publish that information. Such a request must be submitted to the DLGF not later than seven days after the public hearing on the budget, tax rates and levies. The DLGF is required to post an acknowledgment of the correction. The county (or political subdivision) must notify the county fiscal body of the correction. Beginning with the 2016 budget process (beginning August 2015), counties and other political subdivisions will no longer be required to publish the estimated budgets, tax rates and proposed levies prior to taking action on those items. Counties and other political subdivisions will still be required to publish notice of the public hearing on the budget, but taxpayers wishing to obtain any information will need to visit the DLGF's Gateway site. Ice Miller LLP serves as counsel to the Association of Indiana Counties. For more information, please contact Karen Arland at karen.arland@icemiller.com. Stay Connected. Follow the AIC on Twitter, Facebook and YouTube! 16 INDIANA NEWS 92 July/August 2014 Association of Indiana Counties Inc. www.IndianaCounties.org July/August 2014 INDIANA NEWS 92 17 Professional Services Directory SEC Registered Municipal Financial Advisors Chartered Global Management Accountants Serving Indiana Counties Tax-Exempt Bonds & Leases, DLGF Budgets, Financial Feasibility, TIF, Economic Development, Cost of Service, User Fees, Mgmt Consulting 231 E. Main Street Westfield, IN 46074 (317) 867-5888 www.owkcpa.com Network with fellow County Officials on Facebook Use the hashtag #IndianaCounties when posting important news about your county on Facebook. 18 INDIANA NEWS 92 July/August 2014 Association of Indiana Counties Inc. Decisions You make a lot of tough decisions as a county official. Here is one made easier. Choose a Bliss McKnight insurance and risk management program for your county. With Bliss McKnight you get what matters: • Aggressive defense of non-meritorious lawsuits • Fully dedicated risk management specialists • Practical, real-world risk management assistance • Specialized insurance protection designed for Indiana counties • Competitive, stable premiums and more value for your dollar For the last two decades, the Association of Indiana Counties has endorsed and recommended Bliss McKnight insurance and risk management programs to its members. Bliss McKnight programs are available through the independent insurance agent of your choice. Make the right decision. Choose Bliss McKnight. 2801 East Empire • Bloomington, IL 61704 info@blissmcknight.com 800-322-3391 ext. 441 Your Insurance and Risk Management Partner Endorsed by AIC. Coverage is provided through Bliss McKnight, Inc. and local insurance brokers. © 2010, Bliss McKnight Concepts, Inc. All rights reserved. Bliss McKnight trademark of Bliss McKnight Properties, Inc, used here under license by independently owned and operated corporations. advantage Hot Opp: Be Prepared The world has changed. Again. And it will change again next week. Change can be dangerous. But with our experience, teamwork and strategic thinking, change can be an opportunity. It’s a new day. Get ahead of it. icemiller.com 100+ lawyers from Ice Miller recognized by Best Lawyers in America® Chicago Cleveland Columbus DuPage County, Ill. Indianapolis Washington, D.C. 300+ lawyers in Illinois, Indiana, Ohio and Washington, D.C. Ice on Fire