(a)The executive of a township may, upon
approval by the township fiscal body, submit a petition to the
department of local government finance for an increase in the
township's maximum permissible ad valorem property tax levy for its
township firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the levies for the township firefighting fund and
township emergency services fund described in IC 36-8-13-4(a)(2), as
applicable, for property taxes for any year for which a petition is
submitted under this section.
(b)If the township submits a petition as provided in subsection (a)
before April 1 of a year, the department of local government finance
shall increase the township's maximum permissible ad valorem
property tax levy for the township firefighting and emergency services
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(a) The executive of a township may, upon
approval by the township fiscal body, submit a petition to the
department of local government finance for an increase in the
township's maximum permissible ad valorem property tax levy for its
township firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the levies for the township firefighting fund and
township emergency services fund described in IC 36-8-13-4(a)(2), as
applicable, for property taxes for any year for which a petition is
submitted under this section.
(b) If the township submits a petition as provided in subsection (a)
before April 1 of a year, the department of local government finance
shall increase the township's maximum permissible ad valorem
property tax levy for the township firefighting and emergency services
fund under IC 36-8-13-4(a)(1) or the combined levies for the township
firefighting fund and township emergency services fund described in
IC 36-8-13-4(a)(2), as applicable, for property taxes first due and
payable in the immediately succeeding year by using the following
formula for purposes of subsection (c)(2):
STEP ONE: Determine the percentage increase in the population,
as determined by the township fiscal body and as may be
prescribed by the department of local government finance, that is
within the fire protection and emergency services area of the
township during the ten (10) year period immediately preceding
the year in which the petition is submitted under subsection (a).
The township fiscal body may use the most recently available
population data issued by the Bureau of the Census during the ten
(10) year period immediately preceding the petition.
STEP TWO: Determine the greater of zero (0) or the result of:
(A) the STEP ONE percentage; minus
(B) six percent (6%);
expressed as a decimal.
STEP THREE: Determine a rate that is the lesser of:
(A) fifteen-hundredths (0.15); or
(B) the STEP TWO result.
STEP FOUR: Reduce the STEP THREE rate by any rate increase
in the township's property tax rate or rates for its township
firefighting and emergency services fund, township firefighting
fund, or township emergency services fund, as applicable, within
the immediately preceding ten (10) year period that was made
based on a petition submitted by the township under this section.
(c) The township's maximum permissible ad valorem property tax
levy for its township firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the combined levies for the township firefighting
fund and township emergency services fund described in IC 36-8-13-4(a)(2) for property taxes first due and payable in a given year,
as adjusted under this section, shall be calculated as:
(1) the amount of the ad valorem property tax levy increase for
the township firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the combined levies for the township
firefighting fund and township emergency services fund described
in IC 36-8-13-4(a)(2), as applicable, without regard to this
section; plus
(2) an amount equal to the result of:
(A) the rate determined under the formula in subsection (b);
multiplied by
(B) the net assessed value of the fire protection and emergency
services area divided by one hundred (100).
The calculation under this subsection shall be used in the determination
of the township's maximum permissible ad valorem property tax levy
under IC 36-8-13-4 for property taxes first due and payable in the first
year of the increase and thereafter.