§ 6-3.6-7-12.5 — Jennings County; additional rate for county jail and related buildings and parking facilities; use of additional revenue; county jail revenue fund

Indiana § 6-3.6-7-12.5

• Jurisdiction: Indiana
• Art. 3.6: LOCAL INCOME TAXES
• Ch. 7: Special Purpose Rates

Text

5. (a) This section applies to Jennings
County.
(b) The county council may, by ordinance, determine that additional
local income tax revenue is needed in the county to do the following:
(1) Finance, construct, acquire, improve, renovate, and equip the
county jail and related buildings and parking facilities, including
costs related to the demolition of existing buildings, the
acquisition of land, and any other reasonably related costs.
(2) Repay bonds issued or leases entered into for the purposes
described in subdivision (1).
Before the county council may adopt an ordinance and make a
determination under this subsection, the county council must first study
the feasibility of, the need for, and the desire of contiguous counties to
establish a regional single gender jail.
(c) If the county council makes the determination set forth in
subsection (b), the county council may adopt an ordinance to impose
a local income tax rate of:
(1) fifteen-hundredths percent (0.15%);
(2) two-tenths percent (0.2%);
(3) twenty-five hundredths percent (0.25%);
(4) three-tenths percent (0.3%);
(5) thirty-five hundredths percent (0.35%);
(6) four-tenths percent (0.4%);
(7) forty-five hundredths percent (0.45%);
(8) five-tenths percent (0.5%);
(9) fifty-five hundredths percent (0.55%);
(10) six-tenths percent (0.6%); or
(11) sixty-five hundredths percent (0.65%).
The tax rate may not be greater than the rate necessary to pay for the
purposes described in subsection (b).
(d) The tax rate under this section may be imposed only until the
latest of the following dates:
(1) The date on which the financing, construction, acquisition,
improvement, renovation, and equipping of the facilities as
described in subsection (b) are completed.
(2) The date on which the last of any bonds issued (including
refunding bonds) or leases entered into to finance the
construction, acquisition, improvement, renovation, and
equipping of the facilities described in subsection (b) are fully
paid.
(3) The date on which an ordinance adopted under subsection (c)
is rescinded.
(e) The tax rate under this section may be imposed beginning on the
effective date of the ordinance as provided in IC 6-3.6-3-3 and until the
date specified in subsection (d).
(f) The term of a bond issued (including any refunding bond) or a
lease entered into under subsection (b) may not exceed twenty-five (25)
years.
(g) The county treasurer shall establish a county jail revenue fund
to be used only for the purposes described in this section. Local income
tax revenues derived from the tax rate imposed under this section shall
be deposited in the county jail revenue fund.
(h) Local income tax revenues derived from the tax rate imposed
under this section:
(1) may be used only for the purposes described in this section;
(2) may not be considered by the department of local government
finance in determining the county's maximum permissible
property tax levy limit under IC 6-1.1-18.5; and
(3) may be pledged to the repayment of bonds issued or leases
entered into for the purposes described in subsection (b).
(i) The use of local income tax revenues as provided in this section
is necessary for the county to provide adequate jail capacity in the
county and to maintain low property tax rates essential to economic
development. The use of local income tax revenues as provided in this
section to pay any bonds issued or leases entered into to finance the
construction, acquisition, improvement, renovation, and equipping of
the facilities described in subsection (b), rather than the use of property
taxes, promotes those purposes.
(j) Money accumulated from the local income tax rate imposed
under this section after the termination of the tax under this section
shall be transferred to the county rainy day fund under IC 36-1-8-5.1.

Legislative History

As added by P.L.184-2018, SEC.5.