IN Code § 20-46-9-6 (2021)
2021 Indiana Code|Title 20. Education|Article 46. Levies Other Than General Fund Levies|Chapter 9. School Safety Referendum Tax Levy|20-46-9-6. Resolution for Referendum Levy; Purpose; Review by Department of Local Government Finance; Revenue Spending Plan

Sec. 6. (a) Subject to this chapter, the governing body of a school corporation may adopt a resolution to place a referendum under this chapter on the ballot if the governing body of the school corporation determines that a referendum levy should be imposed for measures to improve school safety as described in IC 20-40-20-6(a) or IC 20-40-20-6(b).(b) A school corporation may, with the approval of the majority of members of the governing body, distribute a portion of the proceeds of a tax levy collected under this chapter that is deposited in the fund to a charter school, excluding a virtual charter school, that is located within the attendance area of the school corporation, to be used by the charter school for the purposes described in IC 20-40-20-6(a).(c) The governing body of the school corporation shall certify a copy of the resolution to the following:(1) The department of local government finance, including:(A) the language for the question required by section 9 of this chapter, or in the case of a resolution to extend a referendum levy certified to the department of local government finance, section 10 of this chapter; and(B) a copy of the revenue spending plan adopted under subsection (e).The language of the public question must include the estimated average percentage increases certified by the county auditor under section 9(d) of this chapter. The governing body of the school corporation shall also provide the county auditor's certification described in section 9(d) of this chapter. The department of local government finance shall post the values certified by the county auditor to the department's Internet web site. The department shall review the language for compliance with section 9 or 10 of this chapter, whichever is applicable, and either approve or reject the language. The department shall send its decision to the governing body of the school corporation not more than ten (10) days after the resolution is submitted to the department. If the language is approved, the governing body of the school corporation shall certify a copy of the resolution, including the language for the question and the department's approval.(2) The county fiscal body of each county in which the school corporation is located (for informational purposes only).(3) The circuit court clerk of each county in which the school corporation is located.(d) The resolution described in subsection (a) must indicate whether proceeds in the school corporation's fund collected from a tax levy under this chapter will be used to provide a distribution to a charter school or charter schools, excluding a virtual charter school, under IC 20-40-20-6(b) as well as the amount that will be distributed to the particular charter school or charter schools. A school corporation may request from the designated charter school or charter schools any financial documentation necessary to demonstrate the financial need of the charter school or charter schools.(e) As part of the resolution described in subsection (a), the governing body of the school corporation shall adopt a revenue spending plan for the proposed referendum tax levy that includes:(1) an estimate of the amount of annual revenue expected to be collected if a levy is imposed under this chapter;(2) the specific purposes described in IC 20-40-20-6 for which the revenue collected from a levy imposed under this chapter will be used; and(3) an estimate of the annual dollar amounts that will be expended for each purpose described in subdivision (2).(f) A school corporation shall specify in its proposed budget the school corporation's revenue spending plan adopted under subsection (e) and annually present the revenue spending plan at its public hearing on the proposed budget under IC 6-1.1-17-3.As added by P.L.272-2019, SEC.12. Amended by P.L.154-2020, SEC.45; P.L.38-2021, SEC.64; P.L.136-2021, SEC.7.