Bill Text: IN HB1087 | 2010 | Regular Session | Introduced
Bill Title: Notice of school tax levy referendum.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Education [HB1087 Detail]
Download: Indiana-2010-HB1087-Introduced.html
Citations Affected: IC 20-46-1.
Synopsis: Notice of school tax levy referendum. Requires the
governing body of a school corporation that adopts a resolution to
conduct a referendum for a tax levy to certify the resolution to both the
department of local government finance and the county fiscal body of
each county in which the school corporation is located. (Current law
does not require the governing body to certify the resolution to the
department of local government finance.)
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Education.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) A school corporation may adopt a resolution before September 21, 2005, to transfer the power of the school corporation to levy the amount described in subsection (a) from the school corporation's general fund to the school corporation's fund. A school corporation that adopts a resolution under this section shall, as soon as practicable after adopting the resolution, send a certified copy of the resolution to the department of local government finance and the county auditor. A school corporation that adopts a resolution under this section may, for property taxes first due and payable after 2005, levy an additional
amount for the fund that does not exceed the amount of the excessive
tax levy added to the school corporation's base tax levy before 2002.
(c) The power of the school corporation to impose the levy
transferred to the fund under this section expires December 31, 2012,
unless:
(1) the school corporation adopts a resolution to reimpose or
extend the levy; and
(2) the levy is approved, before January 1, 2013, by a majority of
the individuals who vote in a referendum that is conducted in
accordance with the requirements in this chapter.
As soon as practicable after adopting the resolution under subdivision
(1), the school corporation shall send a certified copy of the resolution
to the department of local government finance and the county
auditor. However, if requested by the school corporation in the
resolution adopted under subdivision (1), the question of reimposing
or extending a levy transferred to the fund under this section may be
combined with a question presented to the voters to reimpose or extend
a levy initially imposed after 2001. A levy reimposed or extended
under this subsection shall be treated for all purposes as a levy
reimposed or extended under this chapter.
(d) The school corporation's levy under this section may not be
considered in the determination of the school corporation's state tuition
support distribution under IC 20-43 or the determination of any other
property tax levy imposed by the school corporation.
(1) The governing body of the school corporation determines that it cannot, in a calendar year, carry out its public educational duty unless it imposes a referendum tax levy under this chapter.
(2) The governing body of the school corporation determines that a referendum tax levy under this chapter should be imposed to replace property tax revenue that the school corporation will not receive because of the application of the credit under IC 6-1.1-20.6.
(b) The governing body of the school corporation shall certify a copy of the resolution to the department of local government finance and the county fiscal body of each county in which the school corporation is located.
