This text of Indiana § 6-3.6-6-23 (Determination of population for cities and towns) 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.
Effective 7-1-2027.
Sec. 23.
(a)This section applies in determining the
population of a city or town for the purposes of this chapter.
(b)The following apply:
(1)Except as provided in subdivisions (2) and (3), the population
of a city or town is the population of the city or town that is
reported by the 2020 federal decennial census.
(2)Beginning after 2030, if the population of a city or town:
(A)increases from a population of less than three thousand five
hundred (3,500), as reported by the immediately preceding
federal decennial census, to a population of three thousand five
hundred (3,500) or more, as reported by the most recent federal
decennial census, or, if applicable, any corrected population
count (as defined in IC 1-1-3.5-1.5) issued for the city or town
in the year succeed
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Effective 7-1-2027.
Sec. 23. (a) This section applies in determining the
population of a city or town for the purposes of this chapter.
(b) The following apply:
(1) Except as provided in subdivisions (2) and (3), the population
of a city or town is the population of the city or town that is
reported by the 2020 federal decennial census.
(2) Beginning after 2030, if the population of a city or town:
(A) increases from a population of less than three thousand five
hundred (3,500), as reported by the immediately preceding
federal decennial census, to a population of three thousand five
hundred (3,500) or more, as reported by the most recent federal
decennial census, or, if applicable, any corrected population
count (as defined in IC 1-1-3.5-1.5) issued for the city or town
in the year succeeding the most recent federal decennial census;
or
(B) decreases from a population of three thousand five hundred
(3,500) or more, as reported by the immediately preceding
federal decennial census, to a population of less than three
thousand five hundred (3,500), as reported by the most recent
federal decennial census, or, if applicable, any corrected
population count (as defined in IC 1-1-3.5-1.5) issued for the
city or town in the year succeeding the most recent federal
decennial census;
the fiscal body of the city or town may adopt an ordinance on or
before September 1 of the calendar year immediately succeeding
the most recent federal decennial census to continue to use the
population of the city or town as reported by the immediately
preceding federal decennial census and the resulting
determination for the city or town under section 22 of this chapter,
notwithstanding the increase or decrease in its population as
reported by the most recent federal decennial census as described
in this subdivision. An ordinance adopted under this subdivision
shall take effect on January 1 of the calendar year that
immediately succeeds the year in which the ordinance is adopted.
The fiscal officer of the city or town shall provide a certified copy
of an ordinance adopted under this subdivision to the department
of local government finance.
(3) This subdivision applies only to cities and towns with a
population of more than three thousand five hundred (3,500) but
less than seven thousand (7,000). Notwithstanding any other
provision, a fiscal body of a city or town may adopt an ordinance
to elect to be treated as if the city's or town's population is less
than three thousand five hundred (3,500) for purposes of a county
local income tax rate and distribution under this chapter. An
ordinance adopted under this subdivision shall take effect on
January 1 of the calendar year that immediately succeeds the year
in which the ordinance is adopted. The fiscal officer of the city or
town shall provide a certified copy of an ordinance adopted under
this subdivision to the department of local government finance.
An ordinance adopted by a city or town under this subdivision is
not revocable and shall not expire following the next federal
decennial census.