Indiana § 20-46-1-7 Transfer of certain levies from general fund before its elimination

Indiana Statutes

§ 20-46-1-7 — Transfer of certain levies from general fund before its elimination

Indiana·Title 20 EDUCATION·Art. 46 LEVIES OTHER THAN GENERAL FUND LEVIES·Ch. 1 Referendum Tax Levy

(a)This section applies to a school corporation that added an amount to the school corporation's base tax levy before 2002 as the result of the approval of an excessive tax levy by the majority of individuals voting in a referendum held in the area served by the school corporation under IC 6-1.1-19-4.5 (before its repeal).

(b)A school corporation may adopt a resolution before September 21, 2005, to transfer the power of the school corporation to levy the amount described in subsection (a) from the school corporation's general fund (before the elimination of the general fund) to the school corporation's fund. A school corporation that adopts a resolution under this section shall, as soon as practicable after adopting the resolution, send a certified copy of the resolution to the departmen

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(a) This section applies to a school corporation
that added an amount to the school corporation's base tax levy before
2002 as the result of the approval of an excessive tax levy by the
majority of individuals voting in a referendum held in the area served
by the school corporation under IC 6-1.1-19-4.5 (before its repeal).
(b) A school corporation may adopt a resolution before September
21, 2005, to transfer the power of the school corporation to levy the
amount described in subsection (a) from the school corporation's
general fund (before the elimination of the general fund) to the school
corporation's fund. A school corporation that adopts a resolution under
this section shall, as soon as practicable after adopting the resolution,
send a certified copy of the resolution to the department of local
government finance and the county auditor. A school corporation that
adopts a resolution under this section may, for property taxes first due
and payable after 2005, levy an additional amount for the fund that
does not exceed the amount of the excessive tax levy added to the
school corporation's base tax levy before 2002.
(c) The power of the school corporation to impose the levy
transferred to the fund under this section expires December 31, 2012,
unless:
(1) the school corporation adopts a resolution to reimpose or
extend the levy; and
(2) the levy is approved, before January 1, 2013, by a majority of
the individuals who vote in a referendum that is conducted in
accordance with the requirements in this chapter.
As soon as practicable after adopting the resolution under subdivision
(1), the school corporation shall send a certified copy of the resolution
to the department of local government finance and the county auditor.
However, if requested by the school corporation in the resolution
adopted under subdivision (1), the question of reimposing or extending
a levy transferred to the fund under this section may be combined with
a question presented to the voters to reimpose or extend a levy initially
imposed after 2001. A levy reimposed or extended under this
subsection shall be treated for all purposes as a levy reimposed or
extended under this chapter.
(d) The school corporation's levy under this section may not be
considered in the determination of the school corporation's state tuition
support distribution under IC 20-43 or the determination of any other
property tax levy imposed by the school corporation.
[Pre-2006 Recodification Citation: 21-2-11.6-4.]

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