Department of local government finance action on appeal; deadline
for action; effect of approval or denial by department
Sec. 14. (a) The department of local government finance shall
approve an appeal filed under section 13 of this chapter if the
department determines that:
(1) the governing body's estimate of the tax replacement amount
under section 11 of this chapter is reasonable;
(2) a tax levy in excess of the amount determined under section
12(d) of this chapter would:
(A) create a significant financial hardship on taxpayers
residing in the district in which the governing body exercises
jurisdiction;
(B) significantly reduce the benefits from the increase in the
property tax credits payable under IC 6-1.1-21, as amended
by the general assembly in 2002, with respect to general
fund levies imposed by all school corporations with
jurisdiction in the district; or
(C) have a disproportionate impact on small businesses or
low income families or individuals; and
(3) the governing body has made reasonable efforts to limit its
use of the special fund for the allocation area to appropriations
for payments of:
(A) the principal and interest on loans or bonds;
(B) lease rentals on leases;
(C) amounts due on other contractual obligations; and
(D) additional credits described in IC 8-22-3.5-10(a),
IC 36-7-14-39.5(c), IC 36-7-14.5-12.5(d)(5),
IC 36-7-15.1-26.5(e), IC 36-7-15.1-35(d), or
IC 36-7-30-25(b)(2)(E).
(b) In a year in which a general reassessment does not become
effective, the department of local government finance shall make a
final determination on an appeal filed under this section by
December 1 of the year. In a year in which a general reassessment
becomes effective, the department may extend the deadline under
this subsection by giving written notice to the appellant before the
deadline.
(c) If the department approves an appeal filed under this section,
it shall order a distribution from the property tax replacement fund
in the amount determined under section 13(b) of this chapter in the
same manner as distributions are made under IC 6-1.1-21-4.
(d) If the department denies an appeal filed under section 13 of
this chapter, or does not grant the maximum permissible distribution
under section 13(b) of this chapter, the legislative body of the unit
that established the district may increase the levy imposed under this
chapter to an amount that, when combined with any distribution
received under this chapter, does not exceed the tax increment
replacement amount.
As added by P.L.192-2002(ss), SEC.44. Amended by P.L.256-2003,
SEC.26.
Last modified: May 28, 2006