§ 6-3.6-7-8.7 — Fulton County; additional rate for jail and related buildings and parking facilities; use of additional revenue; county jail revenue fund

Indiana § 6-3.6-7-8.7

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

Text

7. (a) This section applies to Fulton County.
(b) Maintaining low property tax rates is essential to economic
development, and the use of a tax under this section, as needed in the
county, to carry out the purposes of this section, rather than the use of
property taxes, promotes these purposes.
(c) 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 a
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) Pay bonds issued or leases entered into for the purposes
described in subdivision (1).
(3) Operate and maintain the facilities described in subdivision
(1).
(d) If the county council makes the determination set forth in
subsection (c), the county council may adopt an ordinance to impose
a local income tax rate on the adjusted gross income of local taxpayers
that is the lesser of the following:
(1) Twenty-five hundredths percent (0.25%).
(2) The rate necessary to pay for the purposes described in
subsection (c).
(e) The tax rate used to pay for the purposes described in subsection
(c)(1) and (c)(2) 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 (c) 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 (c) are fully
paid.
(3) The date on which an ordinance adopted under subsection (d)
is rescinded.
(f) The tax rate under this section may be imposed beginning in the
year following the year the ordinance is adopted and until the date on
which the ordinance adopted under this section is rescinded.
(g) The term of a bond issued (including any refunding bond) or a
lease entered into under subsection (c) may not exceed twenty-five (25)
years.
(h) 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.
(i) 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 (c).

Legislative History

As added by P.L.184-2018, SEC.4.