Certified distribution; amount; adoption of ordinance; exception;
fractional amounts
Sec. 12. (a) Except as provided in sections 23, 25, 26, and 27 of
this chapter, the county auditor shall distribute in the manner
specified in this section the certified distribution to the county.
(b) Except as provided in subsections (c) and (h) and sections 15
and 25 of this chapter, the amount of the certified distribution that
the county and each city or town in a county is entitled to receive
during May and November of each year equals the product of the
following:
(1) The amount of the certified distribution for that month;
multiplied by
(2) A fraction. The numerator of the fraction equals the sum of
the following:
(A) Total property taxes that are first due and payable to the
county, city, or town during the calendar year in which the
month falls; plus
(B) 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 the county and
all cities and towns 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.
(c) This subsection applies to a county council or county income
tax council that imposes a tax under this chapter after June 1, 1992.
The body imposing the tax may adopt an ordinance before July 1 of
a year to provide for the distribution of certified distributions under
this subsection instead of a distribution under subsection (b). The
following apply if an ordinance is adopted under this subsection:
(1) The ordinance is effective January 1 of the following year.
(2) Except as provided in sections 25 and 26 of this chapter, the
amount of the certified distribution that the county and each city
and town in the county is entitled to receive during May and
November of each year equals the product of:
(A) the amount of the certified distribution for the month;
multiplied by
(B) a fraction. For a city or town, the numerator of the
fraction equals the population of the city or the town. For a
county, the numerator of the fraction equals the population
of the part of the county that is not located in a city or town.
The denominator of the fraction equals the sum of the
population of all cities and towns located in the county and
the population of the part of the county that is not located in
a city or town.
(3) The ordinance may be made irrevocable for the duration of
specified lease rental or debt service payments.
(d) The body imposing the tax may not adopt an ordinance under
subsection (c) if, before the adoption of the proposed ordinance, any
of the following have pledged the county economic development
income tax for any purpose permitted by IC 5-1-14 or any other
statute:
(1) The county.
(2) A city or town in the county.
(3) A commission, a board, a department, or an authority that is
authorized by statute to pledge the county economic
development income tax.
(e) The department of local government finance shall provide
each county auditor with the fractional amount of the certified
distribution that the county and each city or town in the county is
entitled to receive under this section.
(f) Money received by a county, city, or town under this section
shall be deposited in the unit's economic development income tax
fund.
(g) Except as provided in subsection (b)(2)(B), in determining the
fractional amount of the certified distribution the county and its cities
and towns are entitled to receive under subsection (b) during a
calendar year, the department of local government finance shall
consider only property taxes imposed on tangible property subject to
assessment in that county.
(h) In a county having a consolidated city, only the consolidated
city is entitled to the certified distribution, subject to the
requirements of sections 15, 25, and 26 of this chapter.
As added by P.L.380-1987(ss), SEC.6. Amended by P.L.47-1992,
SEC.1; P.L.28-1993, SEC.9; P.L.99-1995, SEC.3; P.L.124-1999,
SEC.1; P.L.273-1999, SEC.74; P.L.14-2000, SEC.18; P.L.283-2001,
SEC.6; P.L.90-2002, SEC.298; P.L.120-2002, SEC.6;
P.L.192-2002(ss), SEC.122; P.L.224-2003, SEC.255; P.L.255-2003,
SEC.6; P.L.97-2004, SEC.32.
Last modified: May 28, 2006