CHAPTER 3. ADJUSTMENT OF MAXIMUM PERMISSIBLE LEVIES, TAX RATES, AND BUDGETS
IC 36-1.5-3
Chapter 3. Adjustment of Maximum Permissible Levies, Tax
Rates, and Budgets
IC 36-1.5-3-1
Submission of ordinance or resolution to department of local
government finance
Sec. 1. A certified copy of an ordinance or a resolution, including
any incorporated agreement, that is adopted under this article must
be submitted to the department of local government finance.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-3-2
Actions by department of local government finance
Sec. 2. The department of local government finance may take an
action under this chapter in the manner prescribed by the department
of local government finance in its rules adopted under IC 4-22-2.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-3-3
Petition by political subdivision for review of final determination
Sec. 3. A political subdivision may petition for judicial review of
a final determination of the department of local government finance
under this chapter. The petition must be filed in the tax court not
more than forty-five (45) days after the department of local
government finance enters its order under this chapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-3-4
Adjustment of maximum property tax levies, property tax rates,
and budgets
Sec. 4. Subject to this chapter, the department of local government
finance shall adjust the maximum permissible property tax levies,
maximum permissible property tax rates, and budgets of political
subdivisions that enter into a reorganization under this article as the
department of local government finance determines necessary to do
the following:
(1) Eliminate double taxation by different political subdivisions
for services or goods provided under this article.
(2) Eliminate any excess by which the amount of property taxes
imposed by a political subdivision exceeds the amount
necessary to pay for services or goods provided under this
article.
(3) Restore taxing powers of a political subdivision after the
termination of a reorganization under this article that are
necessary to fund governmental services to the individuals and
entities served by the political subdivision.
(4) Restore taxing powers of a political subdivision after the
withdrawal of a party from a reorganization under this article
that are necessary to fund governmental services to the
individuals and entities served by the political subdivision.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-3-5
Savings by political subdivision through reorganization
Sec. 5. The department shall establish a formula for adjusting
maximum permissible property tax levies, maximum permissible
property tax rates, and budgets under this chapter that permits a
political subdivision (or a successor political subdivision) that
realizes a:
(1) savings to its taxpayers; or
(2) reduction in the reasonably foreseeable expenses that would
otherwise be incurred by its taxpayers;
through a reorganization under this article to continue to levy part of
the realized savings or reduction. The adjustment under this section
may not exceed fifty percent (50%) of the savings or reduction
realized in the first full year of operation after the reorganization is
implemented, as determined by the department of local government
finance.
As added by P.L.186-2006, SEC.4.