Fixing budget, tax rate, and tax levy; meetings; effect of inaction
Sec. 5. (a) The officers of political subdivisions shall meet each
year to fix the budget, tax rate, and tax levy of their respective
subdivisions for the ensuing budget year as follows:
(1) The fiscal body of a consolidated city and county, not later
than the last meeting of the fiscal body in September.
(2) The fiscal body of a second class city, not later than
September 30.
(3) The board of school trustees of a school corporation that is
located in a city having a population of more than one hundred
five thousand (105,000) but less than one hundred twenty
thousand (120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) September 20 if a resolution adopted under section
5.6(d) of this chapter is in effect.
(4) The proper officers of all other political subdivisions, not
later than September 20.
Except in a consolidated city and county and in a second class city,
the public hearing required by section 3 of this chapter must be
completed at least ten (10) days before the proper officers of the
political subdivision meet to fix the budget, tax rate, and tax levy. In
a consolidated city and county and in a second class city, that public
hearing, by any committee or by the entire fiscal body, may be held
at any time after introduction of the budget.
(b) Ten (10) or more taxpayers may object to a budget, tax rate,
or tax levy of a political subdivision fixed under subsection (a) by
filing an objection petition with the proper officers of the political
subdivision not more than seven (7) days after the hearing. The
objection petition must specifically identify the provisions of the
budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the
political subdivision shall adopt with its budget a finding concerning
the objections in the petition and any testimony presented at the
adoption hearing.
(d) This subsection does not apply to a school corporation. Each
year at least two (2) days before the first meeting of the county board
of tax adjustment held under IC 6-1.1-29-4, a political subdivision
shall file with the county auditor:
(1) a statement of the tax rate and levy fixed by the political
subdivision for the ensuing budget year;
(2) two (2) copies of the budget adopted by the political
subdivision for the ensuing budget year; and
(3) two (2) copies of any findings adopted under subsection (c).
Each year the county auditor shall present these items to the county
board of tax adjustment at the board's first meeting.
(e) In a consolidated city and county and in a second class city,
the clerk of the fiscal body shall, notwithstanding subsection (d), file
the adopted budget and tax ordinances with the county board of tax
adjustment within two (2) days after the ordinances are signed by the
executive, or within two (2) days after action is taken by the fiscal
body to override a veto of the ordinances, whichever is later.
(f) If a fiscal body does not fix the budget, tax rate, and tax levy
of the political subdivisions for the ensuing budget year as required
under this section, the most recent annual appropriations and annual
tax levy are continued for the ensuing budget year.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1979,
P.L.57, SEC.1; Acts 1980, P.L.8, SEC.53; Acts 1981, P.L.52, SEC.2;
P.L.8-1987, SEC.11; P.L.8-1989, SEC.24; P.L.81-1989, SEC.1;
P.L.44-1991, SEC.2; P.L.1-1992, SEC.15; P.L.35-1994, SEC.1;
P.L.34-1994, SEC.2; P.L.1-1996, SEC.42; P.L.49-1996, SEC.3;
P.L.50-1996, SEC.4; P.L.96-2000, SEC.1; P.L.178-2001, SEC.1;
P.L.177-2002, SEC.6; P.L.170-2002, SEC.19; P.L.178-2002,
SEC.24; P.L.1-2003, SEC.23.
Last modified: May 28, 2006