Excise tax replacement disbursement; calculation and procedure;
transfers from state general fund
Sec. 9.5. (a) Before the twentieth day of each month the bureau
shall do the following:
(1) Determine the amount of excise taxes that would have been
collected for each county for the preceding month based on the
tax rate schedule that was in effect on January 1, 1995.
(2) Determine and report to the auditor of state the difference
between what was actually collected for each county for that
month and what would have been collected at the January 1,
1995, rates.
(b) For the months of January through November, the auditor of
state shall determine a monthly uniform disbursement percentage to
be applied in determining the amount of motor vehicle excise tax
replacement money to be disbursed to each county. The monthly
uniform disbursement percentage equals the quotient of the sum of
the amounts transferred under IC 4-30-17-3.5 plus the amounts
transferred under subsections (f) and (g) to the motor vehicle excise
tax replacement account in the month of the bureau's report divided
by the sum of the total differences for all counties, as determined
under subsection (a) and identified in the bureau's report for that
month.
(c) For December, the auditor of state shall determine an annual
uniform disbursement percentage to be applied in determining the
amount of motor vehicle excise tax replacement money to be
disbursed to each county in December as an annual adjustment.
(d) The annual uniform disbursement percentage equals the
quotient of the sum of the amounts transferred under IC 4-30-17-3.5
plus the amounts transferred under subsections (f) and (g) to the
motor vehicle excise tax replacement account in the months of
January through December divided by the sum of the total
differences for all counties, as determined under subsection (a) and
identified in the bureau's reports for the months of January through
December.
(e) For the months of January through November, the auditor of
state shall distribute to the county the amount of the difference
determined under subsection (a) in the month of the bureau's report
for that county, multiplied by the monthly uniform disbursement
percentage for that month. For December, the auditor shall distribute
to the county the total difference in the bureau's reports determined
under subsection (a) in the months of January through December for
that county, multiplied by the annual uniform disbursement
percentage, less the amounts distributed to the county in January
through November. However, the total distribution to a county in a
calendar year may not exceed the total difference in the bureau's
reports determined under subsection (a) in the months of January
through December for that county in the year.
(f) The transfers under this subsection are in addition to the
transfers required under IC 4-30-17-3.5 and subsection (g). Before
the twenty-fifth day of each month, the auditor of state shall transfer
from the state general fund to the state general fund motor vehicle
excise tax replacement account sixteen thousand nine hundred
seventy-four dollars ($16,974). The transfers required under this
subsection are annually appropriated from the state general fund.
(g) This subsection applies only after December 31, 1995, and
applies only if insufficient money is available in the build Indiana
fund to make the distributions to the state general fund motor vehicle
excise tax replacement account that are required under
IC 4-30-17-3.5. Before the twenty-fifth day of each month, the
auditor of state shall transfer from the state general fund to the state
general fund motor vehicle excise tax replacement account the
difference between:
(1) the amount that IC 4-30-17-3.5 requires the auditor of state
to distribute from the build Indiana fund to the state general
fund motor vehicle excise tax replacement account; and
(2) the amount that is available for distribution from the build
Indiana fund to the state general fund motor vehicle excise tax
replacement account.
The transfers required under this subsection are annually
appropriated from the state general fund.
(h) Any money remaining in the motor vehicle excise tax
replacement account after the last county distribution in December
shall be transferred to the build Indiana fund. The auditor of state
shall make the distribution before the end of the month the auditor
receives the bureau's report.
(i) The money needed for the distribution shall be withdrawn
from the motor vehicle excise tax replacement account. There is
appropriated from the state general fund motor vehicle excise tax
replacement account, the amount needed to make the distributions
required by this section.
(j) Distributions made under this section are considered motor
vehicle excise taxes for purposes of allocating revenue among taxing
units under this chapter.
As added by P.L.33-1990, SEC.14. Amended by P.L.25-1995,
SEC.58; P.L.26-1996, SEC.9; P.L.186-2002, SEC.13.
Last modified: May 28, 2006