HB 1010-12_ Filed 01/23/2006, 11:25 Thompson


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


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HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1010 be amended to read as follows:

SOURCE: Page 13, line 18; (06)MO101007.13. -->     Page 13, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 36-1-3-8; (06)MO101007.11. -->     "SECTION 11. IC 36-1-3-8, AS AMENDED BY P.L.200-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) Subject to subsection (b), a unit does not have the following:
        (1) The power to condition or limit its civil liability, except as expressly granted by statute.
        (2) The power to prescribe the law governing civil actions between private persons.
        (3) The power to impose duties on another political subdivision, except as expressly granted by statute.
        (4) The power to impose a tax, except as expressly granted by statute.
        (5) The power to impose a license fee greater than that reasonably related to the administrative cost of exercising a regulatory power.
        (6) The power to impose a service charge or user fee greater than that reasonably related to reasonable and just rates and charges for services.
        (7) The power to regulate conduct that is regulated by a state agency, except as expressly granted by statute.
        (8) The power to prescribe a penalty for conduct constituting a crime or infraction under statute.
        (9) The power to prescribe a penalty of imprisonment for an ordinance violation.
        (10) The power to prescribe a penalty of a fine as follows:
            (A) More than ten thousand dollars ($10,000) for the violation of an ordinance or a regulation concerning air emissions adopted by a county that has received approval to establish an air program under IC 13-17-12-6.
            (B) For a violation of any other ordinance:
                (i) more than two thousand five hundred dollars ($2,500) for a first violation of the ordinance; and
                (ii) except as provided in subsection (c), more than seven thousand five hundred dollars ($7,500) for a second or subsequent violation of the ordinance.
        (11) The power to invest money, except as expressly granted by statute.
        (12) The power to order or conduct an election, except as expressly granted by statute.
         (13) The power to:
            (A) provide protections; or
            (B) grant access;
        to a person renting, leasing, or buying private property greater than those protections or access offered by the Constitution of the State of Indiana, the Constitution of the United States, or federal law, except as expressly granted by statute.

         (14) The power to provide:
            (A) protections; or
            (B) opportunities;
        in private employment greater than those protections or opportunities offered by the Constitution of the State of Indiana, the Constitution of the United States, or federal law, except as expressly granted by statute.

(b) A township does not have the following, except as expressly granted by statute:
        (1) The power to require a license or impose a license fee.
        (2) The power to impose a service charge or user fee.
        (3) The power to prescribe a penalty.

    (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an ordinance that regulates traffic or parking.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1010 as printed January 11, 2006.)

________________________________________

Representative Thompson


MO101007/DI 107     2006