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2004 Indiana Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagin0002 and id is 1 raw text is: STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR 302 W. WASHINGTON STREET - INDIANAPOLIS, IN 46204-2770 STEVE CARTER TELEPHONE (317) 232-6201 ATTORNEY GENERAL January 13, 2004 OFFICIAL OPINION 2004-1 The Honorable Thomas Saunders Indiana House of Representatives 200 West Washington Street Indianapolis, Indiana 46204 Re: Constitutionality of special legislation Dear Representative Saunders: This letter is in response to your request for an opinion on the constitutionality of Ind. Code § 6-3.5-7-22.5 as amended by P.L. 224-2003 § 258. In particular you have asked if it is advisable for Randolph County to expend county option income tax funds collected under this statute on volunteer fire department buildings, apparatus and other equipment. BRIEF ANSWER We have sufficient constitutional concerns regarding Ind. Code § 6-3.5-7-22.5, as amended by P.L. 224-2003 § 258, to advise that additional legislative direction is warranted prior to the expenditure of any funds associated with the increased CEDIT rate other than for the renovation of the former county hospital. FACTUAL BACKGROUND Indiana Code § 6-3.5-7-22.5 was first enacted in 2001 as P.L. 185-200 § 4; it was also included in the same form in the 2001 budget bill as P.L. 291-2001 § 180. It authorized Randolph County (described by population but not by name) to impose a county economic development income tax (CEDIT) in excess of that otherwise allowed by law if the county council adopted an ordinance finding that the funds were needed for: financing, constructing, acquiring, renovating, and equipping the county courthouse and for renovating the former county hospital for additional office space, educational

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