Version a
Appointed governing boards; proposed property tax levy; approval
Note: This version of section amended by P.L.199-2005, SEC.13.
See also following version of this section amended by P.L.227-2005,
SEC.5.
Sec. 20. (a) This section applies:
(1) to each governing body of a taxing unit that is not comprised
of a majority of officials who are elected to serve on the
governing body; and
(2) if the proposed property tax levy:
(A) for the taxing unit (other than a public library) for the
ensuing calendar year is more than five percent (5%) greater
than the property tax levy for the taxing unit for the current
calendar year; or
(B) for the operating budget of a public library for the
ensuing calendar year is more than five percent (5%) greater
than the property tax levy for the operating budget of the
public library for the current calendar year.
(b) As used in this section, "taxing unit" has the meaning set forth
in IC 6-1.1-1-21, except that the term does not include a school
corporation.
(c) This subsection does not apply to a public library. 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) This subsection does not apply to a public library. 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) This subsection applies to a public library. The library board
of a public library subject to this section shall submit its proposed
budget and property tax levy to the fiscal body designated under
IC 36-12-14.
(f) Subject to subsection (g), the fiscal body of the city, town, or
county (whichever applies) or the fiscal body designated under
IC 36-12-14 (in the case of a public library) 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.
(g) A fiscal body's review under subsection (f) is limited to the
proposed operating budget of the public library and the proposed
property tax levy for the library's operating budget.
As added by P.L.25-1995, SEC.26. Amended by P.L.1-2004, SEC.19
and P.L.23-2004, SEC.20; P.L.199-2005, SEC.13.
Last modified: May 28, 2006