Sec. 7. (a) This section applies to a school corporation that added an amount to the school corporation’s base tax levy before 2002 as the result of the approval of an excessive tax levy by the majority of individuals voting in a referendum held in the area served by the school corporation under IC 6-1.1-19-4.5 (before its repeal).

     (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 (before the elimination of the 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.

Terms Used In Indiana Code 20-46-1-7

  • base tax levy: means the total dollar amount of the property tax levied by a school corporation for the school corporation's general fund for taxes collectible in 1973, assuming one hundred percent (100%) tax collection, as adjusted under Indiana Code 20-46-1-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • fund: refers to the operating referendum tax levy fund. See Indiana Code 20-46-1-3
  • levy: refers to the property tax levy imposed under this chapter. See Indiana Code 20-46-1-4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • referendum: refers to a referendum under this chapter. See Indiana Code 20-46-1-5
     (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.

[Pre-2006 Recodification Citation: 21-2-11.6-4.]

As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008, SEC.494; P.L.182-2009(ss), SEC.345; P.L.41-2010, SEC.5; P.L.238-2019, SEC.18.

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