This text of Indiana § 6-1.1-18.5-8 (Civil taxing unit bond and lease taxes not subject to levy limits;
department of local government finance approval; exceptions; judicial
review) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The ad valorem property tax levy limits
imposed by section 3 of this chapter do not apply to ad valorem
property taxes imposed by a civil taxing unit if the civil taxing unit is
committed to levy the taxes to pay or fund either:
(1)bonded indebtedness; or
(2)lease rentals under a lease with an original term of at least five
(b)Except as provided by subsections (g) and (h), a civil taxing unit
must file a petition requesting approval from the department of local
government finance to incur bonded indebtedness or execute a lease
with an original term of at least five (5) years not later than twenty-four
(24)months after the first date of publication of notice of a preliminary
determination under IC 6-1.1-20-3.1(2) (as in effect before July 1,
2008), unless the civil taxing
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(a) The ad valorem property tax levy limits
imposed by section 3 of this chapter do not apply to ad valorem
property taxes imposed by a civil taxing unit if the civil taxing unit is
committed to levy the taxes to pay or fund either:
(1) bonded indebtedness; or
(2) lease rentals under a lease with an original term of at least five
(5) years.
(b) Except as provided by subsections (g) and (h), a civil taxing unit
must file a petition requesting approval from the department of local
government finance to incur bonded indebtedness or execute a lease
with an original term of at least five (5) years not later than twenty-four
(24) months after the first date of publication of notice of a preliminary
determination under IC 6-1.1-20-3.1(2) (as in effect before July 1,
2008), unless the civil taxing unit demonstrates that a longer period is
reasonable in light of the civil taxing unit's facts and circumstances. A
civil taxing unit must obtain approval from the department of local
government finance before the civil taxing unit may:
(1) incur the bonded indebtedness; or
(2) enter into the lease.
(c) The department of local government finance shall render a
decision within three (3) months after the date it receives a request for
approval under subsection (b). However, the department of local
government finance may extend this three (3) month period by an
additional three (3) months if, at least ten (10) days before the end of
the original three (3) month period, the department sends notice of the
extension to the executive officer of the civil taxing unit. A civil taxing
unit may petition for judicial review of the final determination of the
department of local government finance under this section. The petition
must be filed in the tax court not more than forty-five (45) days after
the department enters its order under this section.
(d) A civil taxing unit does not need approval under subsection (b)
to obtain temporary loans made in anticipation of and to be paid from
current revenues of the civil taxing unit actually levied and in the
course of collection for the fiscal year in which the loans are made.
(e) For purposes of computing the ad valorem property tax levy
limits imposed on a civil taxing unit by section 3 of this chapter, the
civil taxing unit's ad valorem property tax levy for a calendar year does
not include that part of its levy that is committed to fund or pay bond
indebtedness or lease rentals with an original term of five (5) years in
subsection (a).
(f) A taxpayer may petition for judicial review of the final
determination of the department of local government finance under this
section. The petition must be filed in the tax court not more than thirty
(30) days after the department enters its order under this section.
(g) This subsection applies only to bonds, leases, and other
obligations for which a civil taxing unit:
(1) after June 30, 2008, makes a preliminary determination as
described in IC 6-1.1-20-3.1 or IC 6-1.1-20-3.5 or a decision as
described in IC 6-1.1-20-5; or
(2) in the case of bonds, leases, or other obligations payable from
ad valorem property taxes but not described in subdivision (1),
adopts a resolution or ordinance authorizing the bonds, lease
rental agreement, or other obligations after June 30, 2008.
Notwithstanding any other provision, review by the department of local
government finance and approval by the department of local
government finance is not required before a civil taxing unit may issue
or enter into bonds, a lease, or any other obligation.
(h) This subsection applies after June 30, 2008. Notwithstanding
any other provision, review by the department of local government
finance and approval by the department of local government finance is
not required before a civil taxing unit may construct, alter, or repair a
capital project.