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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 through reorganization; budgets, rates, and levies
Sec. 5. (a) The department of local government finance shall
establish criteria for making an adjustment to the maximum
permissible property tax levies, maximum permissible property tax
rates, and budgets under IC 6-1.1-17 and IC 6-1.1-18.5 if a political
subdivision (or a successor political subdivision) realizes through a
reorganization under this article, including a reorganization through
a cooperative agreement under IC 36-1.5-5, a:
(1) savings; or
(2) reduction in the reasonably foreseeable expenses that would
otherwise have been incurred by the political subdivision if the
reorganization had not taken place.
(b) Except as provided in subsection (d), the adjustment under this
section must permit the political subdivision to continue to:
(1) include in the political subdivision's budget part of the
budgeted amounts that would otherwise be reduced by the
department of local government finance under section 4 of this
chapter on account of the realized savings or reduction in
expenses that occurs because of the reorganization; and
(2) impose part of the property tax levy that would otherwise be
reduced by the department of local government finance under
section 4 of this chapter on account of the realized savings or
reduction in expenses that occurs because of the reorganization.
(c) The additional amount that a political subdivision may
continue to levy or include in the political subdivision's budget
because of the adjustment under this section may not exceed the
result of:
(1) 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;
multiplied by
(2) a percentage determined as follows:
(A) Fifty percent (50%) in the first year of the adjustment.
(B) Fifty percent (50%) in the second year of the adjustment.
(C) Thirty percent (30%) in the third year of the adjustment.
(D) Ten percent (10%) in the fourth year of the adjustment
and thereafter.
The fiscal body of the political subdivision shall determine and
certify to the department of local government finance the amount of
the adjustment that the political subdivision wishes to accept under
this section.
(d) The amount of any adjustment accepted by a political
subdivision under this section must comply with the reorganization
agreement under which the political subdivision is reorganized under
this article.
As added by P.L.186-2006, SEC.4. Amended by P.L.58-2011, SEC.3.