Introduced Version
HOUSE BILL No. 1104
_____
DIGEST OF INTRODUCED BILL
Citations Affected: None (noncode).
Synopsis: Fire protection district excess property tax levy. Authorizes
a property tax levy appeal to the department of local government
finance by certain fire protection districts that have experienced
growth.
Effective: Upon passage.
January 8, 2008, read first time and referred to Committee on Ways and Means.
Introduced
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1104
A BILL FOR AN ACT concerning taxation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: ; (08)IN1104.1.1. -->
SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "eligible district" means a fire protection district
established under IC 36-8-11:
(1) that expanded its territory after 1998; and
(2) for which the quotient of:
(A) the taxable assessed value of all tangible property in
the district for the assessment date (as defined in
IC 6-1.1-1-2) in 2004; divided by
(B) subject to subsection (b), the taxable assessed value of
all tangible property in the district for the assessment date
(as defined in IC 6-1.1-1-2) in 1999;
is at least one and one-half (1.5).
(b) To account for the change in the definition of "assessed
value" reflected in IC 6-1.1-1-3(a)(1) and IC 6-1.1-1-3(a)(2), the
taxable assessed value to be used for purposes of subsection
(a)(2)(B) is the product of:
(1) the actual taxable assessed value; multiplied by
(2) three (3).
(c) An eligible district may, before September 20, 2008, appeal
to the department of local government finance for relief from the
levy limitations imposed by IC 6-1.1-18.5 for property taxes first
due and payable in 2009. In the appeal, the district must:
(1) state that the district will be unable to carry out the
governmental functions committed to the district by law
unless the appeal is approved; and
(2) present evidence that the district is an eligible district.
(d) The maximum increase in an eligible district's levy allowed
under this SECTION is two hundred twelve thousand five hundred
dollars ($212,500).
(e) The department of local government finance shall process
the appeal in the same manner that the department processes
appeals under IC 6-1.1-18.5-12.
(f) For purposes of computing an eligible district's ad valorem
property tax levy for taxes first due and payable in 2010, the
district's maximum permissible ad valorem property tax levy for
property taxes first due and payable in 2009 under STEP ONE of
IC 6-1.1-18.5-3(a) or STEP ONE of IC 6-1.1-18.5-3(b) includes the
amount of any increase in the district's levy approved under this
SECTION for property taxes first due and payable in 2009.
(g) This SECTION expires January 1, 2011.