Citations Affected:
IC 6-1.1-17-20
.
Synopsis: Property tax budgets of appointed local boards. Requires the
proposed property tax levy of all governing bodies that are currently
approved by an appointive body to be subject to the review and
approval of an appropriate elected fiscal body if the lesser of 250 or
10% of owners of real property within a taxing unit file a petition
requesting the review and approval. Removes the exceptions in current
law for budgets of appointed school corporations and public libraries
and for governing bodies budgeting a tax levy increase of less than 5%
of the prior year's levy. Removes a restriction that prevents a fiscal
body from reducing the proposed tax levy to an amount that is less than
the maximum permissible levy increase under property tax controls.
Effective: Upon passage.
January 11, 2001, read first time and referred to Committee on Ways and Means.
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
following year. Before filing the petition with the governing body,
at least one (1) qualified petitioner must verify each petition under
oath in a manner prescribed by the state board of accounts. If a
petition is filed by the lesser of:
(1) two hundred fifty (250) owners of real property within the
taxing unit; or
(2) ten percent (10%) of the owners of real property within
the taxing unit;
as determined by the county auditor, the appropriate elected fiscal
body (as determined by subsection (c) or (d)) shall review and
adopt the proposed budget and property tax levy.
(c) If:
(1) the assessed valuation of a taxing unit is entirely contained
within a city or town; or
(2) the assessed valuation of a taxing unit is not entirely contained
within a city or town but the taxing unit was originally established
by the city or town;
the governing body shall submit its proposed budget and property tax
levy to the city or town fiscal body. The proposed budget and levy shall
be submitted at least fourteen (14) days before the city or town fiscal
body is required to hold budget approval hearings under this chapter.
(d) If subsection (c) does not apply, the governing body of the taxing
unit shall submit its proposed budget and property tax levy to the
county fiscal body in the county where the taxing unit has the most
assessed valuation. The proposed budget and levy shall be submitted
at least fourteen (14) days before the county fiscal body is required to
hold budget approval hearings under this chapter.
(e) The fiscal body of the city, town, or county (whichever applies)
shall review each budget and proposed tax levy and adopt a final
budget and tax levy for the taxing unit. The fiscal body may reduce or
modify but not increase the proposed budget or tax levy. However, the
fiscal body may not reduce the proposed tax levy to an amount that is
less than the maximum permissible levy under IC 6-1.1-18.5-3.