§ 6-6-11-31 — Boat excise tax fund; state welfare and tuition support allocation amount

(a) A boat excise tax fund is established in
each county. Each county treasurer shall deposit in the fund the taxes
received under this chapter.
(b) As used in this subsection, "taxing district" has the meaning set
forth in IC 6-1.1-1-20, "taxing unit" has the meaning set forth in IC 6-1.1-1-21, and "tuition support levy" refers to a school corporation's
tuition support property tax levy under IC 20-45-3-11 (repealed) for the
school corporation's general fund. The excise tax money in the county
boat excise tax fund shall be distributed to the taxing units of the
county. The county auditor shall allocate the money in the fund among
the taxing districts of the county based on the tax situs of each boat.
Subject to this subsection, the money allocated to the taxing units shall
be apportioned and distributed among the funds of the taxing units in
the same manner and at the same time that property taxes are
apportioned and distributed (subject to adjustment as provided in IC 36-8-19-7.5). For purposes of determining the distribution for a year
under this section for a taxing unit, a state welfare and tuition support
allocation shall be deducted from the total amount available for
apportionment and distribution to taxing units under this section before
any apportionment and distribution is made. The county auditor shall
remit the state welfare and tuition support allocation to the treasurer of
state for deposit as directed by the budget agency. The amount of the
state welfare and tuition support allocation for a county for a particular
year is equal to the result determined under STEP THREE of the
following formula:
STEP ONE: Determine the result of the following:
(A) Separately for 2006, 2007, and 2008 for each taxing district
in the county, determine the result of:
(i) the tax rate imposed in the taxing district for the county's
county medical assistance to wards fund, family and
children's fund, children's psychiatric residential treatment
services fund, county hospital care for the indigent fund,
children with special health care needs county fund, plus, in
the case of Marion County, the tax rate imposed by the health
and hospital corporation that was necessary to raise
thirty-five million dollars ($35,000,000) from all taxing
districts in the county; divided by
(ii) the aggregate tax rate imposed in the taxing district for
the same year.
(B) Determine the sum of the clause (A) amounts.
(C) Divide the clause (B) amount by three (3).
(D) Determine the result of:
(i) the amount of excise taxes allocated to the taxing district
that would otherwise be available for distribution to taxing
units in the taxing district; multiplied by
(ii) the clause (C) amount.
(E) Determine the sum of the clause (D) amounts for all taxing
districts in the county.
STEP TWO: Determine the result of the following:
(A) Separately for 2006, 2007, and 2008 for each taxing district
in the county, determine the result of:
(i) the tuition support levy tax rate imposed in the taxing
district plus the tax rate imposed by the school corporation
for the school corporation's special education preschool fund
in the district; divided by
(ii) the aggregate tax rate imposed in the taxing district for
the same year.
(B) Determine the sum of the clause (A) amounts.
(C) Divide the clause (B) amount by three (3).
(D) Determine the result of:
(i) the amount of excise taxes allocated to the taxing district
that would otherwise be available for distribution to taxing
units in the taxing district; multiplied by
(ii) the clause (C) amount.
(E) Determine the sum of the clause (D) amounts for all taxing
districts in the county.
STEP THREE: Determine the sum of the STEP ONE and STEP
TWO amounts for the county.
If the boundaries of a taxing district change after the years for which a
ratio is calculated under STEP ONE or STEP TWO, the state
comptroller shall establish a ratio for the new taxing district that
reflects the tax rates imposed in the predecessor taxing districts. If a
new taxing district is established after the years for which a ratio is
calculated under STEP ONE, STEP TWO, or STEP THREE, the state
comptroller shall establish a ratio for the new taxing district and adjust
the ratio for other taxing districts in the county.

Legislative History

As added by P.L.98-1989, SEC.1. Amended by P.L.44-1992, SEC.6; P.L.146-2008, SEC.357; P.L.182-2009(ss), SEC.245; P.L.261-2013, SEC.37; P.L.9-2024, SEC.213.