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.)
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MO101007/DI 107 2006