Ind. Code § 6-1.1-17-20 – Review of proposed budget and levy of taxing unit (other than public libraries) without an elected governing body by city, town, or county fiscal body

(a) This section:
1. (1) applies to each governing body of a taxing unit that is not comprised of a majority of officials who are elected to serve on the governing body; and
2. (2) does not apply to the public education corporation.
  For purposes of this section, an individual who qualifies to be appointed to a governing body or serves on a governing body because of the individual's status as an elected official of another taxing unit shall be treated as an official who was not elected to serve on the governing body.
(b) As used in this section, "taxing unit" has the meaning set forth in IC 6-1.1-1-21 , except that the term does not include a public library or an entity whose tax levies are subject to review and modification by a city-county legislative body under IC 36-3-6-9 .
(c) If:
1. (1) the assessed valuation of a taxing unit is entirely contained within a city or town; or
2. (2) the assessed valuation of a taxing unit is not entirely contained within a city or town but:
  1. (A) the taxing unit was originally established by the city or town; or
  2. (B) the majority of the individuals serving on the governing body of the taxing unit are appointed by the city or town;
    the governing body shall submit its proposed budget and property tax levy to the city or town fiscal body. The proposed budget and levy shall be submitted to the city or town fiscal body in the manner prescribed by the department of local government finance before September 2 of a year.
(d) If subsection (c) does not apply, the governing body of the taxing unit shall submit its proposed budget and property tax levy to the county fiscal body in the county where the taxing unit has the most assessed valuation. The proposed budget and levy shall be submitted to the county fiscal body in the manner prescribed by the department of local government finance before September 2 of a year.
(e) The fiscal body of the city, town, or county (whichever applies) shall review each budget and proposed tax levy and adopt a final budget and tax levy for the taxing unit. The fiscal body may reduce or modify but not increase the proposed budget or tax levy.
(f) If a taxing unit fails to file the information required in subsection
(c) or (d), whichever applies, with the appropriate fiscal body by the time prescribed by this section, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3 (a) for the taxing unit for the ensuing budget year, instead of multiplying the maximum levy growth quotient determined under IC 6-1.1-18.5-2 (b) or IC 6-1.1-18.5-2 (e) (as applicable) for the year by the taxing unit's maximum permissible ad valorem property tax levy for the preceding calendar year as prescribed in STEP TWO of IC 6-1.1-18.5-3 (a), for purposes of STEP TWO of IC 6-1.1-18.5-3 (a), the taxing unit's maximum permissible ad valorem property tax levy for the preceding calendar year must instead be multiplied by the result of the following:
STEP ONE: Determine:
(A) the result of STEP FOUR of IC 6-1.1-18.5-2 (b) or STEP FIVE of IC 6-1.1-18.5-2 (e) (as applicable); minus
(B) one (1).
STEP TWO: Multiply:
(A) the STEP ONE result; by
(B) eight-tenths (0.8).
STEP THREE: Add one (1) to the STEP TWO result.
However, if the taxing unit files the information as required in subsection (c) or (d), whichever applies, for the budget year immediately following the budget year for which the formula under this subsection is applied, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3 (a) for the taxing unit for the subsequent budget year, the taxing unit's maximum permissible ad valorem property tax levy must be calculated as if the formula under this subsection had not been applied for the affected budget year.
(g) If the appropriate fiscal body fails to complete the requirements of subsection (e) before the adoption deadline in section 5 of this chapter for any taxing unit subject to this section, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3 (a) for the city, town, or county for the ensuing budget year, instead of multiplying the maximum levy growth quotient determined under IC 6-1.1-18.5-2 (b) or IC 6-1.1-18.5-2 (e) (as applicable) for the year by the city's, town's, or county's maximum permissible ad valorem property tax levy for the preceding calendar year as prescribed in STEP TWO of IC 6-1.1-18.5-3 (a), for purposes of STEP TWO of IC 6-1.1-18.5-3 (a), the city's, town's, or county's maximum permissible ad valorem property tax levy for the preceding calendar year must instead be multiplied by the result of the following:
1. (A) the result of STEP FOUR of IC 6-1.1-18.5-2 (b) or STEP FIVE of IC 6-1.1-18.5-2 (e) (as applicable); minus
2. (B) one (1).
  STEP TWO: Multiply:
3. (A) the STEP ONE result; by
4. (B) eight-tenths (0.8).
  STEP THREE: Add one (1) to the STEP TWO result.
  However, if the city, town, or county files the information as required in subsection (e) for the budget year immediately following the budget year for which the formula under this subsection is applied, when calculating the maximum ad valorem property tax levy under IC 6-1.1-18.5-3 (a) for the city, town, or county for the subsequent budget year, the unit's maximum permissible ad valorem property tax levy must be calculated as if the formula under this subsection had not been applied for the affected budget year.
STEP ONE: Determine:

As added by P.L.25-1995, SEC.26. Amended by P.L.1-2004, SEC.19 and P.L.23-2004, SEC.20; P.L.199-2005, SEC.13; P.L.227-2005, SEC.5; P.L.1-2006, SEC.136; P.L.146-2008, SEC.163; P.L.182-2009(ss), SEC.124; P.L.113-2010, SEC.29; P.L.137-2012, SEC.27; P.L.257-2013, SEC.9; P.L.230-2025, SEC.43; P.L.101-2026, SEC.3.