CHAPTER 6. CAPITAL PROJECTS LEVY
IC 20-46-6
Chapter 6. Capital Projects Levy
IC 20-46-6-1
"Fund"
Sec. 1. As used in this chapter, "fund" refers to the capital projectsfund.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-2
"Levy"
Sec. 2. As used in this chapter, "levy" refers to a levy imposedunder this chapter.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-3
"Plan"
Sec. 3. As used in this chapter, "plan" refers to a plan adopted oramended under this chapter.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-4
"Qualified utility and insurance costs"
Sec. 4. As used in this chapter, "qualified utility and insurancecosts" refers to costs described in IC 20-40-8-19.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-5
Governing body may impose property tax rate; amount;advertisement
Sec. 5. Subject to IC 6-1.1-18-12 and IC 6-1.1-18.5-9.9, to providefor the fund, the governing body may, for each year in which a planis in effect, impose a property tax rate that does not exceed forty-oneand sixty-seven hundredths cents ($0.4167) on each one hundreddollars ($100) of assessed valuation of the school corporation. Theactual rate imposed by the governing body must be advertised in thesame manner as other property tax rates.
As added by P.L.2-2006, SEC.169. Amended by P.L.154-2006,SEC.69.
IC 20-46-6-6
Additional levy; qualified utility and insurance costs
Sec. 6. (a) This section applies only for a calendar year for whichIC 20-40-8-19 permits a school corporation to pay qualified utilityand insurance costs from the fund.
(b) For a year in which a school corporation uses money from theschool corporation's fund to pay for qualified utility and insurancecosts, the school corporation may impose a property tax rate thatexceeds the rate described in section 5 of this chapter. The amountby which the property tax rate may exceed the rate described in
section 5 of this chapter equals the amount determined under STEPTHREE of the following formula:
STEP ONE: Determine the school corporation's qualified utilityand insurance costs for the calendar year.
STEP TWO: Determine the quotient of:
(A) the STEP ONE amount; divided by
(B) the school corporation's assessed valuation for the year.
STEP THREE: Determine the product of:
(A) the STEP TWO amount; multiplied by
(B) one hundred (100).
As added by P.L.2-2006, SEC.169.
IC 20-46-6-7
Additional levy; advance from educational technology program
Sec. 7. A school corporation receiving an advancement for aneducational technology program may annually impose a levy for thefund as provided in IC 20-49-4-22.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-8
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 20-46-6-8.1
Plan; school corporation outside South Bend
Sec. 8.1. (a) This section does not apply to a school corporationthat elects to adopt a budget under IC 6-1.1-17-5.6, unless aresolution adopted under IC 6-1.1-17-5.6(d) by the governing bodyof the school corporation is in effect.
(b) Before a governing body may collect property taxes for acapital projects fund in a particular year, the governing body must:
(1) after January 1; and
(2) not later than September 20;
of the immediately preceding year, hold a public hearing on aproposed or amended plan and pass a resolution to adopt theproposed or amended plan.
As added by P.L.182-2009(ss), SEC.353. Amended by P.L.111-2010,SEC.5.
IC 20-46-6-9
Plan; school corporation in South Bend
Sec. 9. (a) This section applies only to a school corporation thatelects to adopt a budget under IC 6-1.1-17-5.6. However, this sectiondoes not apply to the school corporation if a resolution adopted underIC 6-1.1-17-5.6(d) by the governing body of the school corporationis in effect.
(b) Before the governing body of the school corporation maycollect property taxes for a fund in a particular year, the governingbody must:
(1) after January 1; and (2) before February 2;
of the immediately preceding year, hold a public hearing on aproposed or amended plan and pass a resolution to adopt theproposed or amended plan.
As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,SEC.508; P.L.182-2009(ss), SEC.354; P.L.111-2010, SEC.6.
IC 20-46-6-10
Form of plan
Sec. 10. (a) The department of local government finance shallprescribe the format of the plan.
(b) A plan must:
(1) apply to at least the three (3) years immediately followingthe year the plan is adopted;
(2) estimate for each year to which the plan applies the natureand amount of proposed expenditures from the fund; and
(3) estimate:
(A) the source of all revenue to be dedicated to the proposedexpenditures in the upcoming calendar year; and
(B) the amount of property taxes to be collected in theupcoming calendar year and retained in the fund forexpenditures proposed for a later year.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-11
Publication of proposed plan or plan amendment
Sec. 11. If a hearing is scheduled for a plan, the governing bodyshall publish the proposed plan and a notice of the hearing inaccordance with IC 5-3-1-2(b).
As added by P.L.2-2006, SEC.169.
IC 20-46-6-12
Notice publication requirements
Sec. 12. A governing body shall publish a notice of the adoptionor amendment of a plan in accordance with IC 5-3-1-2(b). Thispublication must be made not later than twenty (20) days after thecounty auditor posts and publishes the notice of the schoolcorporation's tax rate for the ensuing calendar year.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-13
Remonstrance
Sec. 13. (a) In the first year that a plan is proposed, ten (10) ormore taxpayers that will be affected by the adopted plan may file apetition with the county auditor of a county in which the schoolcorporation is located not later than ten (10) days after thepublication under section 12 of this chapter. The petition must setforth the taxpayers' objections to the proposed plan.
(b) After the first year a plan is proposed, ten (10) or moretaxpayers that will be affected by the adopted plan may file a petition
with the county auditor of a county in which the school corporationis located not later than ten (10) days after the publication undersection 12 of this chapter. The petition must set forth the taxpayers'objections to any item in the proposed plan or amendment to the planthat does not concern a construction project that had previously beenincluded in a plan.
(c) The county auditor shall immediately certify a petition filedunder this section to the department of local government finance.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-14
Hearing
Sec. 14. (a) The department of local government finance shallwithin a reasonable time fix a date for a hearing on a petition filedunder section 13 of this chapter. The hearing shall be held in acounty in which the school corporation is located.
(b) The department of local government finance shall notify:
(1) the governing body; and
(2) the first ten (10) taxpayers whose names appear on thepetition;
at least five (5) days before the date fixed for the hearing.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-15
Review; approval; department of local government finance
Sec. 15. After a hearing on the petition under section 14 of thischapter, the department of local government finance shall certify itsapproval, disapproval, or modification of the plan to the governingbody and the county auditor of the county.
As added by P.L.2-2006, SEC.169. Amended by P.L.182-2009(ss),SEC.355.
IC 20-46-6-16
Appeal; judicial review
Sec. 16. A governing body may petition for judicial review of thefinal determination of the department of local government financeunder section 15 of this chapter. The petition must be filed in the taxcourt not more than forty-five (45) days after the department of localgovernment finance certifies its action under section 15 of thischapter.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-17
Plan; amendment
Sec. 17. (a) A governing body may amend a plan to:
(1) provide money for the purposes of the fund; or
(2) supplement money accumulated in the fund for the purposesof the fund.
(b) Subject to any notice and hearing requirements, a schoolcorporation may amend a plan to include expenditures under
IC 20-40-8-19.
As added by P.L.2-2006, SEC.169.
IC 20-46-6-18
Public hearing on amendment not related to emergency
Sec. 18. (a) This section applies to an amendment to a plan that isrequired by a reason other than an emergency.
(b) The governing body must hold a public hearing on theproposed amendment. At the hearing, the governing body mustdeclare the nature of and the need for the amendment and pass aresolution to adopt the amendment to the plan.
(c) The plan, as proposed to be amended, must comply with therequirements for a plan under section 10 of this chapter. Thegoverning body must publish the proposed amendment to the planand notice of the hearing in accordance with IC 5-3-1-2(b).
(d) An amendment to the plan:
(1) is not subject to the deadline for adoption described insection 8.1 or 9 of this chapter;
(2) must be submitted to the department of local governmentfinance for its consideration; and
(3) is subject to approval, disapproval, or modification inaccordance with the procedures for adopting a plan.
As added by P.L.2-2006, SEC.169. Amended by P.L.182-2009(ss),SEC.356.
IC 20-46-6-19
Procedures; amendment related to emergency
Sec. 19. (a) This section applies to an amendment to a plan that isrequired by reason of an emergency that results in costs that exceedthe amount accumulated in the fund for repair, replacement, or siteacquisition that is necessitated by an emergency.
(b) The governing body is not required to comply with section 18of this chapter.
(c) The governing body must immediately apply to the departmentof local government finance for a determination that an emergencyexists. If the department of local government finance determines thatan emergency exists, the governing body may adopt a resolution toamend the plan.
(d) An amendment to the plan is not subject to the deadline andthe procedures for adoption described in section 8.1 or 9 of thischapter. However, the amendment is subject to modification by thedepartment of local government finance.
As added by P.L.2-2006, SEC.169. Amended by P.L.182-2009(ss),SEC.357.
IC 20-46-6-20
Allowable plan provisions; use of money raised for a differentpurpose; borrowing from other funds
Sec. 20. An amendment adopted under section 18 or 19 of thischapter, may require any of the following: (1) The payment of eligible costs from:
(A) money accumulated in the fund for other purposes; or
(B) money to be borrowed from other funds of the schoolcorporation or from a financial institution.
(2) An increase in the property tax rate for the fund to restoremoney to the fund or to pay principal and interest on a loan.Any increase to the property tax rate for the fund is effective forproperty taxes first due and payable for the year next certifiedby the department of local government finance underIC 6-1.1-17-16. However, the property tax rate may not exceedthe maximum rate established under section 5 of this chapter.
As added by P.L.2-2006, SEC.169.