Sec. 17. (a) An allocation provision adopted under section 15 of this chapter must:
(1) apply to the entire certified technology park; and
(2) require that any property tax on taxable property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes in the certified technology park be allocated and distributed as provided in subsections (b) and (c).
(b) Except as otherwise provided in this section:
(1) the proceeds of the taxes attributable to the lesser of:
(A) the assessed value of the taxable property for the assessment date with respect to which the allocation and distribution is made; or
(B) the base assessed value;
shall be allocated and, when collected, paid into the funds of the respective taxing units; and
(2) the excess of the proceeds of the property taxes imposed for the assessment date with respect to which the allocation and distribution is made that are attributable to taxes imposed after being approved by the voters in a referendum or local public question conducted after April 30, 2010, not otherwise included in subdivision (1) shall be allocated to and, when collected, paid into the funds of the taxing unit for which the referendum or local public question was conducted.
(c) Except as provided in subsection (d), all the property tax proceeds that exceed those described in subsection (b) shall be allocated to the redevelopment commission for the certified technology park and, when collected, paid into the certified technology park fund established under section 23 of this chapter.
(d) Before July 15 of each year, the redevelopment commission shall do the following:
(1) Determine the amount, if any, by which the property tax proceeds to be deposited in the certified technology park fund will exceed the amount necessary for the purposes described in section 23 of this chapter.
(2) Provide a written notice to the county auditor, the fiscal body of the county or municipality that established the redevelopment commission, and the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that is wholly or partly located within the allocation area. The notice must:
(A) state the amount, if any, of excess tax proceeds that the redevelopment commission has determined may be allocated to the respective taxing units in the manner prescribed in subsection (c); or
(B) state that the commission has determined that there is no excess assessed value that may be allocated to the respective taxing units in the manner prescribed in subdivision (1).
The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission. The redevelopment commission may not authorize an allocation of property tax proceeds under this subdivision if to do so would endanger the interests of the holders of bonds described in section 24 of this chapter.
(e) Notwithstanding any other law, each assessor shall, upon petition of the redevelopment commission, reassess the taxable property situated upon or in, or added to, the certified technology park effective on the next assessment date after the petition.
(f) Notwithstanding any other law, the assessed value of all taxable property in the certified technology park, for purposes of tax limitation, property tax replacement, and formulation of the budget, tax rate, and tax levy for each political subdivision in which the property is located is the lesser of:
(1) the assessed value of the taxable property as valued without regard to this section; or
(2) the base assessed value.
As added by P.L.192-2002(ss), SEC.187. Amended by P.L.146-2008, SEC.774; P.L.203-2011, SEC.21.
Structure Indiana Code
Article 7. Planning and Development
Chapter 32. Certified Technology Parks
36-7-32-1. Units Authorized to Establish Certified Technology Parks
36-7-32-2. Application of Definitions in Ic 36-7
36-7-32-3. Application of Definitions in Ic 6-1.1
36-7-32-4. "Base Assessed Value"
36-7-32-5. "Business Incubator"
36-7-32-6. "Gross Retail Base Period Amount"
36-7-32-6.5. "Gross Retail Incremental Amount"
36-7-32-7. "High Technology Activity"
36-7-32-8. "Income Tax Base Period Amount"
36-7-32-8.5. "Income Tax Incremental Amount"
36-7-32-9. "Public Facilities"
36-7-32-11. Designation; Recertification; Indiana Economic Development Corporation; Criteria
36-7-32-11.5. Submission of Proposed Designations to the Budget Committee and the Budget Agency
36-7-32-12. Agreements; Governing Certified Technology Parks
36-7-32-13. Authority; Sale Price or Rental Value of Public Facilities Below Market Value
36-7-32-14. Marketing Responsibilities; Indiana Economic Development Corporation
36-7-32-15. Designation as Allocation Area; Remonstrance
36-7-32-16. Appeals; Remonstrance
36-7-32-17. Allocation and Distribution of Property Taxes
36-7-32-19. Rules and Forms; Adjustment of Base Assessed Value
36-7-32-20. Notification to Department of State Revenue; Computation of Gross Retail Base Revenue
36-7-32-22. Incremental Tax Financing Fund; Deposits; Distributions
36-7-32-25. Declaration; Public Purpose
36-7-32-26. Written Agreement for Joint Economic Development Projects
36-7-32-27. Terms of Written Agreement for Joint Economic Development Project