School corporations not imposing levy for preceding year;
prerequisites to tax levy
Sec. 6. (a) A school corporation that did not impose a general
fund tax levy for the preceding calendar year may not collect a
general fund tax levy for the ensuing calendar year until that general
fund tax levy (and the related budget, appropriations, and general
fund tax rate), after being adopted and advertised and considered by
the proper county board of tax adjustment as provided by law, is
reviewed by the tax control board, which shall make its
recommendations in respect thereof to the department of local
government finance, and is approved by the department.
(b) For all purposes relevant to this chapter:
(1) the adjusted base levy for a school corporation that must
have its levy approved under subsection (a) is the total dollar
amount of the ad valorem tax levy for its general fund that, after
being approved, is made by the school corporation for taxes
collectible in the first full calendar year after the approval; and
(2) the ADA ratio for a school corporation that must have its
levy approved under subsection (a) is the quotient resulting
from a division of the school corporation's current ADA by the
ADA first determined after the approval for the school
corporation in accordance with the rules and regulations
established by the state board of education.
(c) For purposes of this chapter:
(1) where territory is transferred from one (1) school
corporation to another after April 4, 1973, under IC 20-4-4
(before its repeal), IC 20-3-14 (before its repeal), IC 20-23-5, or
IC 20-25-5, ADA, current ADA, and ADA ratio shall be
interpreted, insofar as possible, as though the pupils in the
territory had been transferred in the school year ending in 1973;
and
(2) where territory is transferred from one (1) school
corporation to another after June 1, 1978, under IC 20-4-4
(before its repeal), IC 20-3-14 (before its repeal), IC 20-23-5, or
IC 20-25-5, adjusted base levy, normal tax levy, and the other
terms used in this chapter shall be interpreted, insofar as
possible, as though the assessed valuation of the territory had
been transferred prior to March 1, 1977, in accordance with
rules and a final determination by the department of local
government finance.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1978,
P.L.34, SEC.4; Acts 1979, P.L.31, SEC.3; P.L.20-1984, SEC.3;
P.L.90-2002, SEC.187; P.L.1-2005, SEC.89.
Last modified: May 28, 2006