§ 6-1.1-18-34 — Dearborn County; school corporations; maximum levies

Indiana § 6-1.1-18-34

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 18: Limitations on Property Tax Rates and Appropriations

Text

(a) Except as otherwise provided in this
section, this section:
(1) does not apply until the expiration of IC 20-45-8 under IC 20-45-8-29; and
(2) upon the expiration of IC 20-45-8 under IC 20-45-8-29,
applies only to a school corporation that has under its jurisdiction
any territory located in Dearborn County.
(b) Subject to subsection (c), the superintendent of a school
corporation may, after approval by the governing body of the school
corporation, and before September 1 of the year immediately preceding
the expiration of IC 20-45-8, submit a petition to the department of
local government finance requesting an increase in the school
corporation's maximum permissible ad valorem property tax levy under
IC 20-46-8-1 for its operations fund for property taxes first due and
payable in the year after the expiration of IC 20-45-8.
(c) Before the governing body of the school corporation may
approve a petition under subsection (b), the governing body of the
school corporation must hold a public hearing on the petition. The
governing body of the school corporation shall give notice of the public
hearing under IC 5-3-1. At the public hearing, the governing body of
the school corporation shall make available to the public the following:
(1) A fiscal plan describing the need for the increase to the levy
and the expenditures for which the revenue generated from the
increase to the levy will be used.
(2) A statement that the proposed increase will be a permanent
increase to the school corporation's maximum permissible ad
valorem property tax levy under IC 20-46-8-1 for its operations
fund.
(3) The estimated effect of the proposed increase on taxpayers.
(4) The anticipated property tax rates and levies for property taxes
first due and payable in the year after the expiration of IC 20-45-8.
After the governing body of the school corporation approves the
petition, the school corporation shall immediately notify the other civil
taxing units and school corporations in the county that are located in a
taxing district where the school corporation is also located.
(d) If the superintendent of a school corporation submits a petition
under subsection (b), the department of local government finance shall
increase the school corporation's maximum permissible ad valorem
property tax levy under IC 20-46-8-1 for the operations fund for
property taxes first due and payable in the year after the expiration of
IC 20-45-8 by the amount of the distribution that the school corporation
received in the year immediately preceding the expiration of IC 20-45-8, as determined by the department of local government finance.
(e) The school corporation's maximum permissible ad valorem
property tax levy for property taxes first due and payable in the year
after the expiration of IC 20-45-8, as adjusted under this section, shall
be used in the determination of the school corporation's maximum
permissible ad valorem property tax levy under IC 6-1.1-18.5 for
property taxes first due and payable in the year following the year after
the expiration of IC 20-45-8 and thereafter.

Legislative History

As added by P.L.236-2023, SEC.29. Amended by P.L.214-2025, SEC.1.