Indiana Code
Chapter 18.5. Civil Government Property Tax Controls
6-1.1-18.5-8. Civil Taxing Unit Bond and Lease Taxes Not Subject to Levy Limits; Department of Local Government Finance Approval; Exceptions; Judicial Review

Sec. 8. (a) The ad valorem property tax levy limits imposed by section 3 of this chapter do not apply to ad valorem property taxes imposed by a civil taxing unit if the civil taxing unit is committed to levy the taxes to pay or fund either:
(1) bonded indebtedness; or
(2) lease rentals under a lease with an original term of at least five (5) years.
(b) Except as provided by subsections (g) and (h), a civil taxing unit must file a petition requesting approval from the department of local government finance to incur bonded indebtedness or execute a lease with an original term of at least five (5) years not later than twenty-four (24) months after the first date of publication of notice of a preliminary determination under IC 6-1.1-20-3.1(2) (as in effect before July 1, 2008), unless the civil taxing unit demonstrates that a longer period is reasonable in light of the civil taxing unit's facts and circumstances. A civil taxing unit must obtain approval from the department of local government finance before the civil taxing unit may:
(1) incur the bonded indebtedness; or
(2) enter into the lease.
(c) The department of local government finance shall render a decision within three (3) months after the date it receives a request for approval under subsection (b). However, the department of local government finance may extend this three (3) month period by an additional three (3) months if, at least ten (10) days before the end of the original three (3) month period, the department sends notice of the extension to the executive officer of the civil taxing unit. A civil taxing unit may petition for judicial review of the final determination of the department of local government finance under this section. The petition must be filed in the tax court not more than forty-five (45) days after the department enters its order under this section.
(d) A civil taxing unit does not need approval under subsection (b) to obtain temporary loans made in anticipation of and to be paid from current revenues of the civil taxing unit actually levied and in the course of collection for the fiscal year in which the loans are made.
(e) For purposes of computing the ad valorem property tax levy limits imposed on a civil taxing unit by section 3 of this chapter, the civil taxing unit's ad valorem property tax levy for a calendar year does not include that part of its levy that is committed to fund or pay bond indebtedness or lease rentals with an original term of five (5) years in subsection (a).
(f) A taxpayer may petition for judicial review of the final determination of the department of local government finance under this section. The petition must be filed in the tax court not more than thirty (30) days after the department enters its order under this section.
(g) This subsection applies only to bonds, leases, and other obligations for which a civil taxing unit:
(1) after June 30, 2008, makes a preliminary determination as described in IC 6-1.1-20-3.1 or IC 6-1.1-20-3.5 or a decision as described in IC 6-1.1-20-5; or
(2) in the case of bonds, leases, or other obligations payable from ad valorem property taxes but not described in subdivision (1), adopts a resolution or ordinance authorizing the bonds, lease rental agreement, or other obligations after June 30, 2008.
Notwithstanding any other provision, review by the department of local government finance and approval by the department of local government finance is not required before a civil taxing unit may issue or enter into bonds, a lease, or any other obligation.
(h) This subsection applies after June 30, 2008. Notwithstanding any other provision, review by the department of local government finance and approval by the department of local government finance is not required before a civil taxing unit may construct, alter, or repair a capital project.
As added by P.L.73-1983, SEC.1. Amended by P.L.25-1995, SEC.29; P.L.90-2002, SEC.164; P.L.256-2003, SEC.17; P.L.224-2007, SEC.22; P.L.146-2008, SEC.171; P.L.182-2009(ss), SEC.127; P.L.218-2013, SEC.5; P.L.183-2014, SEC.23.

Structure Indiana Code

Indiana Code

Title 6. Taxation

Article 1.1. Property Taxes

Chapter 18.5. Civil Government Property Tax Controls

6-1.1-18.5-0.5. "Nonconforming"; Application

6-1.1-18.5-1. Definitions

6-1.1-18.5-2. Assessed Value Growth Quotient

6-1.1-18.5-3. Maximum Ad Valorem Property Tax Levy; Formula

6-1.1-18.5-4. Repealed

6-1.1-18.5-4.5. Levy Adjustment for Transfer of Duties Between Assessors

6-1.1-18.5-5. Repealed

6-1.1-18.5-6. Taxable Property; Assessed Value

6-1.1-18.5-7. Civil Taxing Units Not Subject to Levy Limits; Department of Local Government Finance Review; Inapplicability

6-1.1-18.5-8. Civil Taxing Unit Bond and Lease Taxes Not Subject to Levy Limits; Department of Local Government Finance Approval; Exceptions; Judicial Review

6-1.1-18.5-8.1. Repealed

6-1.1-18.5-9. Exemption From Levy Limits; Major Bridge Fund

6-1.1-18.5-9.5. Application of Property Tax Levy Limits to Certain Port Authority Expenses

6-1.1-18.5-9.7. Ad Valorem Property Tax; Computation

6-1.1-18.5-9.8. Exemption From Levy Limits of Certain Cumulative Fund Taxes; Estimate by the Department of Local Government Finance

6-1.1-18.5-9.9. Repealed

6-1.1-18.5-10. Civil Taxing Unit Levy Limit Exceptions Related to Community Mental Health Centers and Community Intellectual Disability and Other Developmental Disabilities Centers; Estimate by the Department of Local Government Finance

6-1.1-18.5-10.1. Repealed

6-1.1-18.5-10.2. Taxes Levied for Township Firefighting Fund; Treatment in Computation of Levy Limit

6-1.1-18.5-10.3. Levy Limit on Taxes by Library Board for Capital Projects Fund; Exemption

6-1.1-18.5-10.4. Levy Limit on Taxes Imposed by Township or Reorganized Unit That Includes a Township; Exemption

6-1.1-18.5-10.5. Civil Taxing Unit Levy Limit Exceptions Related to Fire Protection Territories; Levy Growth Limitation; Department of Local Government Finance Determination of Budget, Rate, and Levy for Civil Taxing Unit That Joins Fire Protection T...

6-1.1-18.5-11. Repealed

6-1.1-18.5-12. Civil Taxing Unit Appeal to Department of Local Government Finance for Relief From Levy Limits; Department Procedure and Summons for Appearance or Production of Books and Records

6-1.1-18.5-13. Types of Relief Available to Civil Taxing Unit in Appeal for Relief From Levy Limits

6-1.1-18.5-13.3. Repealed

6-1.1-18.5-13.5. Repealed

6-1.1-18.5-13.6. Repealed

6-1.1-18.5-13.7. Adjustment of Certain Maximum Levies

6-1.1-18.5-13.9. Goshen Public Library; Maximum Levies

6-1.1-18.5-14. Department of Local Government Finance Correction of Certain Levy and Rate Errors

6-1.1-18.5-15. Judicial Review of Department of Local Government Finance Correction of Certain Levy and Rate Errors

6-1.1-18.5-16. Civil Taxing Unit Appeal to Department of Local Government Finance for Relief From Levy Limits Related to Revenue Shortfall Related to Erroneous Assessed Valuation

6-1.1-18.5-17. Civil Taxing Unit Levy Excess Fund; Use of Fund

6-1.1-18.5-18. Repealed

6-1.1-18.5-19. Levy Limit on Taxes for Township Firefighting Fund

6-1.1-18.5-20. Exemption From Levy Limits; Local Airport Authorities

6-1.1-18.5-21. Civil Taxing Unit's Determination That Levy Limits Do Not Apply to Taxes to Repay Certain Rainy Day Fund Loans

6-1.1-18.5-22.5. Gary Sanitary District

6-1.1-18.5-23. Adjustment of Certain Maximum Levies

6-1.1-18.5-23.2. Green Township in Hancock County; Petition to Increase Maximum Permissible Property Tax Levy

6-1.1-18.5-24. Department of Local Government Finance Estimates of Maximum Tax Levies

6-1.1-18.5-25. Levy Limit Applicable to Municipalities With Certain Levels of Growth in Assessed Value and Population

6-1.1-18.5-27. Town of Winfield; Maximum Levies

6-1.1-18.5-28. Sugar Creek Township Fire Protection District; Maximum Levies

6-1.1-18.5-29. Otter Creek Township; Maximum Levies

6-1.1-18.5-30. Howard County; Maximum Levies