Introduced Version






HOUSE BILL No. 1376

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 6-1.1-18.5-19.

Synopsis: Township firefighting levies. Provides for a one time recomputation of the maximum property tax levies for township firefighting funds.

Effective: July 1, 2001.





Whetstone, Thompson




    January 11, 2001, read first time and referred to Committee on Ways and Means.







Introduced

First Regular Session 112th General Assembly (2001)


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HOUSE BILL No. 1376



    A BILL FOR AN ACT to amend the Indiana Code concerning taxation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-1.1-18.5-19; (01)IN1376.1.1. -->     SECTION 1. IC 6-1.1-18.5-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 19. (a) If a township levied an ad valorem property tax levy for a township firefighting fund under IC 36-8-13-4 for calendar year 1989, 2001, the maximum permissible ad valorem property tax levy that will apply to the township's firefighting fund under section 3 of this chapter for calendar year 1990 2002 is the amount determined in STEP FIVE of the following STEPS:
        STEP ONE: Determine the part of the township's ad valorem property tax levy for calendar year 1989 2001 that was dedicated to the township firefighting fund.
        STEP TWO: If the township incurred any loans or bonded indebtedness to pay for fire protection or emergency services during the period from January 1, 1987, 1999, through December 31, 1989 2001 (excluding loans or bonded indebtedness used to purchase firefighting apparatus or equipment or housing), determine the number of calendar years during that period in

which the township incurred the loans or bonded indebtedness.
        STEP THREE: Calculate the quotient of:
            (A) the total amounts of loans or bonded indebtedness incurred by the township for fire protection and emergency services during the period from January 1, 1987, 1999, through December 31, 1989 2001 (excluding loans or bonded indebtedness used to purchase firefighting apparatus or equipment or housing); divided by
            (B) the number determined in STEP TWO.
        STEP FOUR: Add the result determined in STEP ONE to the result determined in STEP THREE.
        STEP FIVE: Calculate the maximum ad valorem property tax levy that would result from making the calculations contained in section 3 of this chapter as those calculations apply to the township, using the result obtained in STEP FOUR for the civil taxing unit's maximum permissible ad valorem property tax levy for the preceding calendar year under section 3(a) or 3(b) of this chapter, whichever applies to the township.
If the amount determined under this subsection is substantially lower than the township's normal expenditure patterns for fire protection and emergency services (excluding the expenditures for the purchase of firefighting apparatus or equipment or housing), the township may appeal to the local government tax control board for an increase in the 1990 2002 maximum permissible ad valorem property tax levy for its township firefighting fund. In considering the appeal, the local government tax control board shall consider other sources of revenue used by the township during calendar year 1989 2001 to fund fire protection and emergency services that are also available for such funding in 1990 2002 and thereafter and the board shall also consider any other relevant factors.
    (b) If a township did not have a township firefighting fund under IC 36-8-13-4 for calendar year 1989, but appropriated funds for fire protection or emergency services for that calendar year, the township's maximum ad valorem property tax levy that will apply to the township's firefighting fund under section 3 of this chapter for calendar year 1990 is the amount determined in STEP FIVE of the following STEPS:
        STEP ONE: Determine the amount that the township appropriated from its general fund for fire protection and emergency services (excluding appropriations for the purchase of firefighting apparatus or equipment or housing).
        STEP TWO: If the township incurred any loans or bonded indebtedness to pay for fire protection or emergency services

during the period from January 1, 1987, through December 31, 1989 (excluding loans or bonded indebtedness used to purchase firefighting apparatus or equipment or housing), determine the number of calendar years during that period in which the township incurred the loans or bonded indebtedness.
        STEP THREE: Calculate the quotient of:
            (A) the total amounts of loans or bonded indebtedness incurred by the township for fire protection and emergency services during the period from January 1, 1987, through December 31, 1989 (excluding loans or bonded indebtedness used to purchase firefighting apparatus or equipment or housing); divided by
            (B) the number determined in STEP TWO.
        STEP FOUR: Add the result of STEP ONE to the result of STEP THREE.
        STEP FIVE: Calculate the maximum ad valorem property tax levy that would result from making the calculations contained in section 3 of this chapter, as those calculations apply to the township, using the result obtained in STEP FOUR for the civil taxing unit's maximum permissible ad valorem property tax levy for the preceding calendar year under section 3(a) or 3(b) of this chapter, whichever applies to the township.
If the amount determined under this subsection is substantially lower than the township's normal expenditure patterns for fire protection and emergency services (excluding the expenditures for the purchase of firefighting apparatus or equipment or housing), the township may appeal to the local government tax control board for an increase in its 1990 maximum permissible levy for its township firefighting fund. In considering the appeal, the local government tax control board shall consider other sources of revenue used by the township during calendar year 1989 to fund fire protection and emergency services that are also available for such funding in 1990 and thereafter and the board shall also consider any other relevant factors.
    (c) If for calendar year 1989:
        (1) a township had a township firefighting fund under IC 36-8-13-4 but did not have an ad valorem property tax levy for that fund; or
        (2) a township did not have a township firefighting fund and appropriated no money for fire protection or emergency services;
the township's maximum permissible ad valorem property tax levy for its township firefighting fund shall be determined under section 7 of this chapter in the calendar year in which the township first establishes

such a levy.

SOURCE: ; (01)IN1376.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2001] IC 6-1.1-18.5-19 , as amended by this act, applies to property taxes first due and payable after December 31, 2001.