Version a
Use of revenue by county auditors; distribution of revenue to civil
taxing units and school corporations; qualified economic
development tax projects
Note: This version of section effective until 1-1-2006. See also
following version of this section, effective 1-1-2006.
Sec. 18. (a) The revenue a county auditor receives under this
chapter shall be used to:
(1) replace the amount, if any, of property tax revenue lost due
to the allowance of an increased homestead credit within the
county;
(2) fund the operation of a public communications system and
computer facilities district as provided in an election, if any,
made by the county fiscal body under IC 36-8-15-19(b);
(3) fund the operation of a public transportation corporation as
provided in an election, if any, made by the county fiscal body
under IC 36-9-4-42;
(4) make payments permitted under IC 36-7-15.1-17.5;
(5) make payments permitted under subsection (i); and
(6) make distributions of distributive shares to the civil taxing
units of a county.
(b) The county auditor shall retain from the payments of the
county's certified distribution, an amount equal to the revenue lost,
if any, due to the increase of the homestead credit within the county.
This money shall be distributed to the civil taxing units and school
corporations of the county as though they were property tax
collections and in such a manner that no civil taxing unit or school
corporation shall suffer a net revenue loss due to the allowance of an
increased homestead credit.
(c) The county auditor shall retain the amount, if any, specified by
the county fiscal body for a particular calendar year under subsection
(i), IC 36-7-15.1-17.5, IC 36-8-15-19(b), and IC 36-9-4-42 from the
county's certified distribution for that same calendar year. The county
auditor shall distribute amounts retained under this subsection to the
county.
(d) All certified distribution revenues that are not retained and
distributed under subsections (b) and (c) shall be distributed to the
civil taxing units of the county as distributive shares.
(e) The amount of distributive shares that each civil taxing unit in
a county is entitled to receive during a month equals the product of
the following:
(1) The amount of revenue that is to be distributed as
distributive shares during that month; multiplied by
(2) A fraction. The numerator of the fraction equals the total
property taxes that are first due and payable to the civil taxing
unit during the calendar year in which the month falls, plus, for
a county, an amount equal to the property taxes imposed by the
county in 1999 for the county's welfare fund and welfare
administration fund. The denominator of the fraction equals the
sum of the total property taxes that are first due and payable to
all civil taxing units of the county during the calendar year in
which the month falls, plus an amount equal to the property
taxes imposed by the county in 1999 for the county's welfare
fund and welfare administration fund.
(f) The department of local government finance shall provide each
county auditor with the fractional amount of distributive shares that
each civil taxing unit in the auditor's county is entitled to receive
monthly under this section.
(g) Notwithstanding subsection (e), if a civil taxing unit of an
adopting county does not impose a property tax levy that is first due
and payable in a calendar year in which distributive shares are being
distributed under this section, that civil taxing unit is entitled to
receive a part of the revenue to be distributed as distributive shares
under this section within the county. The fractional amount such a
civil taxing unit is entitled to receive each month during that calendar
year equals the product of the following:
(1) The amount to be distributed as distributive shares during
that month; multiplied by
(2) A fraction. The numerator of the fraction equals the budget
of that civil taxing unit for that calendar year. The denominator
of the fraction equals the aggregate budgets of all civil taxing
units of that county for that calendar year.
(h) If for a calendar year a civil taxing unit is allocated a part of
a county's distributive shares by subsection (g), then the formula used
in subsection (e) to determine all other civil taxing units' distributive
shares shall be changed each month for that same year by reducing
the amount to be distributed as distributive shares under subsection
(e) by the amount of distributive shares allocated under subsection
(g) for that same month. The department of local government finance
shall make any adjustments required by this subsection and provide
them to the appropriate county auditors.
(i) Notwithstanding any other law, a county fiscal body may
pledge revenues received under this chapter to the payment of bonds
or lease rentals to finance a qualified economic development tax
project under IC 36-7-27 in that county or in any other county if the
county fiscal body determines that the project will promote
significant opportunities for the gainful employment or retention of
employment of the county's residents.
As added by P.L.44-1984, SEC.14. Amended by P.L.225-1986,
SEC.10; P.L.32-1986, SEC.2; P.L.84-1987, SEC.3; P.L.2-1989,
SEC.16; P.L.28-1993, SEC.7; P.L.273-1999, SEC.71; P.L.283-2001,
SEC.4; P.L.90-2002, SEC.296; P.L.120-2002, SEC.4; P.L.1-2003,
SEC.44; P.L.255-2003, SEC.4.
Last modified: May 28, 2006