Note: This version of section effective until 1-1-2029. See also following repeal of this section, effective 1-1-2029.
(b) A county fiscal body may adopt an ordinance to impose a tax rate for:
- (1) in the case of a tax rate adopted under this section before January 1, 2024, county staff expenses of the state judicial system in the county; or
(2) in the case of a tax rate adopted under this section after December 31, 2023, courtroom costs of the state judicial system in the county.
The tax rate must be in increments of one-hundredth of one percent (0.01%) and may not exceed two-tenths of one percent (0.2%). The tax rate may not be in effect for more than twenty-five (25) years.
(c) The revenue generated by a tax rate imposed under this section must be distributed directly to the county before the remainder of the expenditure rate revenue is distributed. The revenue shall be maintained in a separate dedicated county fund. The revenue shall be used by the county:
- (1) in the case of a tax rate adopted under this section before January 1, 2024, only for paying for county staff expenses of the state judicial system in the county; and
- (2) in the case of a tax rate adopted under this section after December 31, 2023, only for paying the courtroom costs of the state judicial system in the county.
- (d) This subsection applies to a tax rate adopted under subsection (b)(1). The local income tax revenue budgeted and spent under this section by each county may not comprise more than fifty percent (50%) of the county's total budgeted operational staffing expenses related to the state judicial system in any given year.
- (e) This subsection applies to a tax rate adopted under subsection (b)(2). The local income tax revenue spent under this section by each county may not comprise more than fifty percent (50%) of the county's total operational staffing expenses related to the courtroom costs of the state judicial system in any given year.
(f) Counties that enact an ordinance to impose a tax rate under this section shall annually report the following information for the prior calendar year by May 1 to the justice reinvestment advisory council established by IC 33-38-9.5-2 :
- (1) The types of court positions paid with local income tax revenue generated by this section.
- (2) The number of court positions by type paid for with local income tax revenue generated by this section.
- (3) The average salary by type of court position paid for with local income tax revenue generated by this section.
- (4) The county's total budgeted and actual staffing expenses or courtroom costs, whichever is applicable, related to the state judicial system.
- (5) The county's portion of local income tax revenue that was actually spent on staffing expenses or courtroom costs, whichever is applicable, related to the state judicial system.
- (g) The justice reinvestment advisory council shall annually compile and report to the legislative council prior to July 1 of each year the information required in subsection (f) for each county. The report must be in an electronic format under IC 5-14-6 .
Sec. 2.9. (a) For purposes of this section, "courtroom costs" includes staffing costs only for the court reporter, court bailiff, or court administrator.
As added by P.L.193-2023, SEC.2. Amended by P.L.101-2024, SEC.1; P.L.156-2024, SEC.24.