reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 8 - TAX INCREMENT FINANCE › Rule 1 - Definitions › Section 1-21 - "Uncaptured assessment" defined

Current through July 10, 2024
Authority: IC 6-1.1-39; IC 36-7-14; IC 36-7-15.1
Affected: IC 6-1.1-39; IC 8-22-3.5; IC 36-7-14; IC
				  36-7-15.1
Sec. 21.
As used in this article, "uncaptured assessment" means the
				  amount of potential captured assessment which the redevelopment commission does
				  not use to generate tax increment.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 8 - TAX INCREMENT FINANCE › Rule 2 - Determination and Use of Tax Increment › Section 2-1 - Summary of rule

Current through July 10, 2024
Authority: IC 6-1.1-39; IC 36-7-14; IC 36-7-15.1
Affected: IC 6-1.1-39; IC 8-22-3.5; IC 36-7-14; IC
				  36-7-15.1
Sec. 1.
This rule applies to the establishment of allocation areas by
				  redevelopment commissions and to the generation and use of tax increment in
				  those areas. The following subject areas will be addressed by these rules:
(1) Section 2 of this rule addresses
				the designation of the geographical boundaries of an allocation area by the
				redevelopment commission, the findings that must be made before an allocation
				area is designated, and the determination whether the program includes
				allocation area personal property.
(2) Section 3 of this rule addresses the
				effect on the base assessment of a change of the size of an allocation area or
				a change of the base assessment date.
(3) Section 4 of this rule addresses the
				calculation of the potential captured assessment and the captured
				assessment.
(4) Section 5 of this
				rule addresses the application of the property tax rate of each taxing unit to
				the assessed valuation of the taxing unit both within and without the
				allocation area.
(5) Section 6 of
				this rule describes the application of the PTR credit, the additional credit,
				and the housing program credit.
(6)
				Sections 7 through 8 of this rule describe the records that the county auditor
				must keep when there is not, and when there is, tax increment.
(7) Sections 9 through 10 of this rule are
				examples of the apportionment of individual assessments under a program that
				includes only real property and under a program that includes both real and
				personal property.
(8) Section 11
[of this rule]
addresses the method for determining captured
				assessments when less than the full amount of potential captured assessment is
				required to generate the needed tax increment.
(9) Section 12 of this rule describes the
				adjustments that the state board of tax commissioners must make after a general
				reassessment of real property.
(10)
				Section 13 of this rule describes the permissible uses of tax increment by the
				redevelopment commission.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 8 - TAX INCREMENT FINANCE › Rule 2 - Determination and Use of Tax Increment › Section 2-3 - Allocation area changes; required information

Current through July 10, 2024
Authority: IC 6-1.1-39; IC 36-7-14; IC 36-7-15.1
Affected: IC 6-1.1-39; IC 8-22-3.5; IC 36-7-14; IC
				  36-7-15.1-10.5
Sec. 3.
(a) The
				redevelopment commission must, before the first March 1 after the base
				assessment date, file with the county auditor a copy of the allocation area
				map, the confirmed resolution adopted by the redevelopment commission, lists of
				parcel identification numbers of real property in the allocation area, and
				names of owners of depreciable personal property in the allocation area (if
				personal property is included in the program). The redevelopment commission
				must file with the county auditor the same information before the March 1 that
				next follows the adoption of a resolution that increases the size of an
				allocation area. If a redevelopment commission changes the base assessment date
				in an allocation area, it must, before March 1 that next follows the adoption
				of the resolution changing the base assessment date, file a copy of the
				resolution adopted by the redevelopment commission with the county auditor. The
				county auditor must maintain a yearly record of assessed valuation of
				allocation area real and personal property as it is affected by the
				computations described in sections 7 through 10 of this rule.
(b) If the redevelopment commission changes
				the base assessment date, the base assessment is determined as of the new base
				assessment date. Except as provided in IC 36-7-15.1-10.5 and IC
				36-7-15.1-26.1
[IC 36-7-15.1-26.1 was repealed by P.L. 146-2008, SECTION
				812, effective July 1, 2008.]
with respect to a metropolitan
				development commission, a redevelopment commission can adopt a resolution to
				change the base assessment date by using the same procedures for adoption of an
				allocation area resolution.
(c) If
				the redevelopment commission adopts a resolution to increase the size of an
				allocation area, the base assessment is determined for the added area as if it
				were a separately declared allocation area.
(d) If the redevelopment commission adopts a
				resolution to merge or consolidate existing allocation areas, the base
				assessment and base assessment date remain the same as they were before the
				merger or consolidation. However, the redevelopment commission may, in that
				resolution, designate a later base assessment date for any of the allocation
				areas that are merged or consolidated under the resolution. Before the March 1
				that next follows the adoption of the resolution that consolidates existing
				allocation areas, the redevelopment commission must file with the county
				auditor a copy of the merger or consolidation resolution.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 8 - TAX INCREMENT FINANCE › Rule 2 - Determination and Use of Tax Increment › Section 2-5 - Application of tax rate

Current through July 10, 2024
Authority: IC 6-1.1-39; IC 36-7-14; IC 36-7-15.1
Affected: IC 6-1.1-39; IC 8-22-3.5; IC 36-7-14; IC
				  36-7-15.1
Sec. 5.
The property tax rate established for each taxing unit in
				  which the allocation area is located is applied to the aggregate assessed value
				  of the property located outside of the allocation area and the current base
				  assessment as calculated under section 4 of this rule. The resulting property
				  taxes are collected for the benefit of the taxing unit. The captured assessment
				  is subject to the combined property tax rates of the taxing units in which the
				  allocation area is located. The resulting tax increment is collected for the
				  benefit of the allocation area.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 8 - TAX INCREMENT FINANCE › Rule 2 - Determination and Use of Tax Increment › Section 2-7 - No tax increment; records

Current through July 10, 2024
Authority: IC 6-1.1-39; IC 36-7-14; IC 36-7-15.1
Affected: IC 6-1.1-39; IC 8-22-3.5; IC 36-7-14; IC
				  36-7-15.1
Sec. 7.
With respect to any year in which an allocation area is in
				  place but there is no captured assessment, the entire allocation area
				  assessment is subject to taxation by the taxing units in which the allocation
				  area is located, and the PTR credit applies to all of the taxes on that
				  assessment in the same manner that it applies to other property taxes imposed
				  by the taxing units. Because there is no tax increment, there is no additional
				  credit or housing program credit. The county auditor must record the aggregate
				  change in assessed value from the base assessment date of all real property in
				  the allocation area and any personal property in the allocation area that is
				  part of the tax increment finance program. Each year that such a record is
				  required, the county auditor shall provide the record to each taxing unit in
				  which the allocation area is located in order to allow the units to evaluate
				  the potential effect on their tax rates in any later year when the
				  redevelopment commission requires tax increment. The county auditor shall also
				  provide the record to the redevelopment commission.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 8 - TAX INCREMENT FINANCE › Rule 2 - Determination and Use of Tax Increment › Section 2-11 - Determination of captured assessments

Current through July 10, 2024
Authority: IC 6-1.1-39; IC 36-7-14; IC 36-7-15.1
Affected: IC 6-1.1-39; IC 8-22-3.5; IC 36-7-14; IC
				  36-7-15.1
Sec. 11.
If pursuant to section 4 of this rule, it is determined that
				  not all of the potential captured assessment is required in order to generate
				  the needed tax increment, then there is a proportional decrease in the
				  potential captured assessment individual components in order to determine the
				  captured assessment individual components. Using the example from section 9 of
				  this rule, if the redevelopment commission only uses twelve thousand dollars
				  ($12,000) of assessed value instead of the entire amount of the potential
				  captured assessment (eighteen thousand dollars ($18,000)), the captured
				  assessment individual components are as follows:
Proportion of AV Taxable by Redevelopment
						  District
Uncaptured AV
Adjustment
Taxable by Taxing Units
Captured Assessment Individual
						  Components
Parcel #1
($ 5,000/$18,000)
$6,000
= $1,666.7
$16,666.7
$ 3,333.3
#3
($13,000/$18,000)
$6,000
=
$4,333.3
$29,333.3
$ 8,666.7
$6,000
$12,000
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 8 - TAX INCREMENT FINANCE › Rule 2 - Determination and Use of Tax Increment › Section 2-13 - Tax increment; use

Current through July 10, 2024
Authority: IC 6-1.1-39; IC 36-7-14; IC 36-7-15.1
Affected: IC 6-1.1-39-2; IC 8-22-3.5; IC 36-1-10; IC 36-7-14;
				  IC 36-7-15.1
Sec. 13.
(a) Tax
				increment in an allocation area established under IC 36-7-14 or IC 36-7-15.1,
				or in an economic development area, is paid into an allocation fund that may be
				used only to do one (1) or more of the following:
(1) Pay the principal of and interest on any
				obligations payable solely from allocated tax proceeds which are incurred by
				the redevelopment district for the purpose of financing or refinancing the
				redevelopment of that allocation area.
(2) Establish, augment, or restore the debt
				service reserve for bonds payable solely or in part from allocated tax proceeds
				in that allocation area.
(3) Pay
				the principal of and interest on bonds payable from allocated tax proceeds in
				that allocation area and from the special tax levied under IC 36-7-14-27 or IC
				36-7-15.1-19.
(4) Pay the principal
				of and interest on bonds issued by the unit to pay for local public
				improvements in that allocation area or serving the allocation area in counties
				other than Marion County.
(5) Pay
				premiums on the redemption before maturity of bonds payable solely or in part
				from the tax increment in that allocation area.
(6) Make payments on leases payable from tax
				increment in that allocation area under IC 36-7-14-25.2 or IC
				36-7-15.1-17.1.
(7) Reimburse the
				unit for expenditures made by it for local public improvements (which include
				buildings, parking facilities, and other items described in IC 36-7-14-25.1(a)
				or IC 36-7-15.1-17(a) ) in that allocation area or serving the allocation area
				in counties other than Marion County.
(8) Reimburse the unit for rentals paid by it
				for a building or parking facility in that allocation area or serving the
				allocation area in counties other than Marion County under any lease entered
				into under IC 36-1-10.
(9) In
				counties other than Marion County, pay all or a portion of a property tax
				replacement credit to taxpayers in an allocation area as determined by the
				redevelopment commission. The amount of the credit is determined under IC
				36-7-14-39(b)(2)(I). (This is a credit that is paid to taxpayers from collected
				tax increment, unlike the additional credit and the housing program credit
				which reduce the tax increment collected.)
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC 20-40-8-6
Affected: IC 20-40-8-6
Sec. 1.
The purpose of this rule is to prescribe definitions and
				  procedures for use with respect to school corporation capital projects funds
				  established under IC 20-40-8-6.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-2 - General definitions

Current through July 10, 2024
Authority: IC 21-2-15
Affected: IC 9
Sec. 2.
As used in this rule
[ 50 IAC 9-1 ]
:
"Repair" means the restoration of a piece of equipment, a
				  building, or grounds to the original condition of completeness from a worn,
				  damaged, or deteriorated condition.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-3 - "Equipment" defined

Current through July 10, 2024
Authority: IC 21-2-15
Affected: IC 9
Sec. 3.
(a) Except as
				provided in subsection (b), as used in this rule
[ 50 IAC 9-1
				]
, "equipment" means a mobile or fixed unit of furniture or
				furnishings, a machine, an apparatus, an article, or a set of articles that
				meets all of the following conditions:
(1) It
				retains its original shape and appearance with use.
(2) It is non-expendable, which means that if
				the article is damaged or some of its parts are lost or worn out, it is usually
				more feasible to repair it than to replace it with an entirely new
				unit.
(3) It represents an
				investment of money that makes it feasible and advisable to capitalize the
				item.
(4) It does not lose its
				identity through incorporation into a different or more complex unit or
				substance.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-4 - Resolution and plan

Current through July 10, 2024
Authority: IC 21-2-15
Affected: IC 5-3-1-2; IC 20-46-6-11; IC 20-47-2; IC
				  20-47-3
Sec. 4.
(a) On or
				before the last Thursday in August of the preceding year in which a school
				corporation establishes a capital projects fund, or continues to levy taxes for
				an established fund, the governing body must hold a hearing and pass a
				resolution to adopt a plan. The governing body must publish a notice in
				accordance with IC 20-46-6-11 that indicates for each year of the plan the
				total amount of proposed expenditures in each of the following categories:
(1) Land acquisition and development of sites
				for school purposes.
(2) Fees for
				professional services paid to:
(A)
				architects;
(B)
				engineers;
(C) attorneys;
(D) project managers;
(E) construction managers; and
(F) fiscal consultants;
for land acquisition, site development, and building
				  improvements.
(3) Education specifications development
				including feasibility studies and educational specifications for building
				design for use by architects and others.
(4) Building acquisition, construction, and
				improvement including:
(A) purchase and
				construction of buildings;
(B)
				improvements or alterations to existing buildings;
(C) installation or extension of service
				systems for new or existing buildings;
(D) building sites for use by the school
				corporation; and
(E) the purchase
				of building materials for vocational building and trade classes.
(5) Rental or lease payments for
				new or existing real property, computers, or equipment, excluding payments to a
				holding company as authorized under IC 20-47.
(6) Purchase of mobile or fixed equipment
				including computer hardware and computer software.
(7) Emergency allocation for repair,
				replacement, or site acquisition that is necessitated by an
				emergency.
(8) Care, upkeep, or
				maintenance of equipment owned or used by the school corporation, including
				salaries of full-time or part-time computer repair personnel.
(9) Allocation for future projects including
				accumulation of funds for projects that the school corporation has articulated
				with reasonable specificity within the plan, including size, purpose, features,
				estimated cost in constant dollars, and site or possible sites.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-5 - Notice of adoption of plan; objections; final order by state board of tax commissioners

Current through July 10, 2024
Authority: IC 21-2-15
Affected: IC 5-3-1-2; IC 20-46-6-12
Sec. 5.
(a) After the
				public hearing and the adoption of the resolution, the governing body must
				publish notice of the adoption of the plan in accordance with IC 20-46-6-12 and
				the state board of accounts "Guide to Publication of Legal Notices".
(b) The notice under subsection (a) must be
				published no later than twenty (20) days after the county auditor posts and
				publishes the following year's tax rate and budget, as set by the
				county.
(c) Ten (10) or more
				taxpayers who will be affected by the plan may file a petition with written
				objections to the plan with the county auditor in a county in which the school
				corporation is located. Objections must be filed within ten (10) days after the
				plan is published. The county auditor shall immediately certify the petition to
				the department of local government finance.
(d) The department of local government
				finance shall set a hearing on the petition within a reasonable time after the
				petition is certified to the department of local government finance.
(e) The department of local government
				finance shall notify the governing body and the first ten (10) taxpayers whose
				names appear in the petition of the date, time, and location of the hearing.
				The department of local government finance shall hold the hearing in a county
				where the school corporation is located and shall give the school corporation
				and petitioners at least five (5) days notice.
(f) After a hearing on the petition, the
				department of local government finance shall issue a final order approving,
				disapproving, or modifying the plan. The department of local government finance
				may seek the recommendation of the school property tax control board. The
				department of local government finance shall certify its order to the governing
				body and the county auditor.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-6 - Plan format

Current through July 10, 2024
Authority: IC 21-2-15
Affected: IC 21-2-15
Sec. 6.
(a) The
				format for the capital projects fund plan is as follows:
(1) General description of school corporation
				as follows:
(A) Total land area.
(B) Location.
(C) Composition of governing body.
(D) Number of employees.
(E) Current annual operating budgets in
				general transportation, debt service, and capital projects funds.
(F) Current annual property tax levies for
				all funds.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-7 - Contingent appropriation approvals

Current through July 10, 2024
Authority: IC 21-2-15
Affected: IC 21-2-15
Sec. 7.
If the department of education does not issue its approval of
				  a project included in its capital projects fund before the annual hearing on
				  the school corporation's budget by the department of local government finance,
				  the department of local government finance will approve a levy that will result
				  in sufficient funding of the budget appropriation for the project, and will
				  approve that budget appropriation subject to the issuance of a project approval
				  by the department of education. If the department of education does not issue
				  its approval of the project before the department of local government finance's
				  next annual budget hearing, the department of local government finance will
				  apply the revenue to the current capital projects fund budget.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-8 - Appropriation in earlier year than planned

Current through July 10, 2024
Authority: IC 20-46-6
Affected: IC 6-1.1-18-5; IC 20-46-6
Sec. 8.
The department of local government finance may approve
				  appropriations from the capital projects fund only if they conform to a plan
				  that has been adopted in accordance with IC 20-46-6. If a school corporation
				  seeks approval of an additional appropriation from the capital projects fund
				  for an expenditure in a year that precedes the year in which the expenditure is
				  indicated in the plan, the department of local government finance may find that
				  the appropriation conforms to the plan if:
(1) the plan is specific as to the need to be
				addressed by the proposed expenditure and as to the manner in which it will be
				addressed; and
(2) the school
				corporation additional appropriation notice under IC 6-1.1-18-5 includes the
				fund name, the department of education project number (if issued), and a
				description of the purpose of the proposed expenditure.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-9 - Fund use prohibited for interscholastic or extracurricular activities

Current through July 10, 2024
Authority: IC 21-2-15
Affected: IC 21-2-15
Sec. 9.
(a) The
				capital projects fund may not be used with respect to a facility or equipment
				that will be used primarily for interscholastic or extracurricular activities.
				Generally, outdoor spectator seating and lighting for night use of an outdoor
				facility are considered to be primarily for interscholastic or extracurricular
				use.
(b) If payment from the
				capital projects fund is allowable for the construction of a facility or the
				purchase of equipment (or would have been allowable if there had been a capital
				projects fund at the time of the construction or purchase), then payment from
				the fund is allowable for repair, replacement, or remodeling of the facility or
				for repair or replacement of the equipment.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-11 - Emergency procedures

Current through July 10, 2024
Authority: IC 20-46-6
Affected: IC 20-46-6-17
Sec. 11.
A representative of the school corporation must apply to the
				  department of local government finance under IC 20-46-6-17 for a determination
				  that an emergency has occurred. Except in the case of extenuating
				  circumstances, that application must be made to the department of local
				  government finance within five working days after the governing body learns
				  that an emergency has occurred. The application may be made in writing, by
				  telephone, or in person. The department of local government finance will
				  determine whether an emergency has occurred and whether the governing body may
				  continue to pursue the emergency procedures described in IC 20-46-6-17. The
				  department of local government finance will give the governing body notice of
				  its decision in writing no more than five working days after receipt of the
				  application.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-12 - Amendment procedure

Current through July 10, 2024
Authority: IC 20-46-6
Affected: IC 20-46-6-18
Sec. 12.
(a) A school
				corporation may amend its plan to provide initial or supplemental money for
				land acquisition and development, professional services, education
				specifications development, building acquisition, construction, and
				improvement, or an emergency allocation without a determination of an emergency
				by the department of local government finance.
(b) To amend a plan when there is no
				emergency, the governing body of the school corporation must hold a public
				hearing and declare the nature of and need for the amendment. The plan
				amendment and notice of the hearing must be published in accordance with IC
				20-46-6-18 and the state board of accounts "Guide to Publication of Legal
				Notices".
(c) The governing body
				must pass a resolution adopting the plan amendment at a public
				hearing.
(d) The plan amendment
				must comply with the requirements of a plan as prescribed under section 5 of
				this rule. The proposed amendment of the plan must be submitted to the
				department of local government finance for its approval, disapproval, or
				modification.
(e) The plan
				amendment may be adopted at any time of the year. It does not need to meet the
				deadline prescribed under section 4 of this rule.
(f) The governing body shall publish notice
				of the adoption of the plan amendment no later than twenty (20) days after the
				county auditor posts and publishes the following year's tax rate and budget as
				approved by the county. Under the procedures prescribed under section 5 of this
				rule, taxpayers may object to the plan amendment requiring the department of
				local government finance to hold a hearing and issue a final order on the plan
				amendment.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 1 - Administration of Capital Projects Fund › Section 1-13 - Transfer procedure

Current through July 10, 2024
Authority: IC 6-1.1-18-6
Affected: IC 21-2-15
Sec. 13.
(a) A school
				corporation may expend money under a different classification than is
				designated under its approved plan as long as:
(1) the expenditure is for the same location;
				and
(2) funds are available in
				another classification.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 2 - Library Capital Projects Fund › Section 2-1 - General definitions

Current through July 10, 2024
Authority: IC 36-12-12-12
Affected: IC 36-12-12
Sec. 1.
(a) As used
				in this rule, "appropriate fiscal body" refers to:
(1) the town board of trustees if the library
				district is located entirely within the corporate boundaries of a
				town;
(2) the common council if the
				library district is located entirely within the corporate boundaries of a
				city;
(3) the township board if the
				library district is not located entirely within the corporate boundaries of a
				city or town but is located within the corporate boundaries of a
				township;
(4) the county council of
				each county in which the library is located if the library district is not
				located entirely within the corporate boundaries of a city, town, or township;
				or
(5) the city-county council if
				the library district is not located entirely within the corporate boundaries of
				a city, town, or township and is located in a county with a consolidated
				city.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 2 - Library Capital Projects Fund › Section 2-2 - Purpose of fund; levy

Current through July 10, 2024
Authority: IC 36-12-12-12
Affected: IC 6-1.1-18.5-3; IC 36-12-12-2
Sec. 2.
(a) A
				district may establish a capital projects fund.
(b) With respect to a facility used or to be
				used by a library, the board may expend money in the fund for the following:
(1) Planned construction, repair,
				replacement, or remodeling.
(2)
				Site acquisition.
(3) Site
				development.
(4) Repair,
				replacement, or site acquisition necessitated by an emergency.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 2 - Library Capital Projects Fund › Section 2-3 - Public hearing; notice

Current through July 10, 2024
Authority: IC 36-12-12-12
Affected: IC 5-3-1-2; IC 36-12-12-3
Sec. 3.
(a) After
				January 1 and before May 15 of the year preceding the year in which taxes are
				levied, the board must hold a public hearing on a proposed plan, pass a
				resolution to adopt a plan, and submit the plan to the appropriate fiscal body
				for approval or rejection.
(b) The
				board must publish a summary of the plan and notice of the public hearing one
				(1) time at least ten (10) days before the date of the hearing in accordance
				with IC 5-3-1-2(b) and the state board of accounts "Guide to Publication of
				Legal Notices".
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 2 - Library Capital Projects Fund › Section 2-4 - Plan content and format

Current through July 10, 2024
Authority: IC 36-12-12-3; IC 36-12-12-12
Affected: IC 36-12-12-3
Sec. 4.
(a) The board
				shall prepare a plan that applies to at least the three (3) years immediately
				following the year in which the plan is adopted.
(b) The plan shall include the following
				information:
(1) General description of
				library district as follows:
(A) Library
				taxing district.
(B) Name and
				location.
(C) Composition of
				governing body.
(D) Number of
				employees.
(E) Current annual
				budget in operating, library improvement reserve (LIRF), and bond and interest
				redemption (BIRF) funds.
(F)
				Current annual property tax levies for all funds.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 2 - Library Capital Projects Fund › Section 2-5 - Submission to appropriate fiscal body

Current through July 10, 2024
Authority: IC 36-12-12-12
Affected: IC 5-3-1-2; IC 36-12-12-4; IC 36-12-12-5
Sec. 5.
(a) Within
				ten (10) days of adopting a resolution for a capital projects fund plan, the
				board shall transmit a certified copy of the plan to the appropriate fiscal
				body.
(b) The appropriate fiscal
				body shall hold a public hearing on the plan within thirty (30) days of
				receiving it. The appropriate fiscal body may either approve or reject the plan
				by August 1 of the year in which it is received.
(c) If the appropriate fiscal body rejects
				the plan, it may return the plan to the board with its reasons for
				rejection.
(d) If the appropriate
				fiscal body approves the plan, the board shall submit the resolution, plan, and
				proof of publication to the department of local government finance.
(e) If the appropriate fiscal body approves
				the plan, the board shall also publish notice of adoption in accordance with IC
				5-3-1-2(i). Notice of adoption must be published one (1) time in the
				appropriate newspaper or newspapers within thirty (30) days after the date of
				the appropriate fiscal body's approval of the plan.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 2 - Library Capital Projects Fund › Section 2-6 - Objections

Current through July 10, 2024
Authority: IC 36-12-12-12
Affected: IC 36-12-12-5
Sec. 6.
(a) Ten (10)
				or more taxpayers who will be affected by the plan may file a petition with
				written objections to the plan with the county auditor in a county in which the
				library is located. Objections must be filed within ten (10) days after the
				plan is published. The county auditor shall immediately certify the objecting
				petition to the department of local government finance.
(b) The department of local government
				finance shall set a hearing on the petition within a reasonable time after the
				petition is filed with the department of local government finance.
(c) The department of local government
				finance shall notify the library board and the first ten (10) taxpayers whose
				names appear in the petition of the date, time, and location of the hearing.
				The department of local government finance shall hold the hearing in a county
				where the library is located and shall give the library and petitioners at
				least five (5) days notice.
(d)
				After a hearing on the petition, the department of local government finance
				shall issue a final order approving, disapproving, or modifying the plan. The
				department of local government finance shall certify its order to the board and
				the county auditor.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 2 - Library Capital Projects Fund › Section 2-7 - Appropriations

Current through July 10, 2024
Authority: IC 36-12-12-12
Affected: IC 6-1.1-18-5; IC 36-12-12-8
Sec. 7.
The department of local government finance may approve
				  appropriations from the capital projects fund only if they conform to a plan
				  that has been adopted in accordance with this rule. If a library board seeks
				  approval of an additional appropriation from the capital projects fund for an
				  expenditure in a year that precedes the year in which the expenditure is
				  indicated in the plan, the department of local government finance may find that
				  the appropriation conforms to the plan if:
(1) the plan is specific as to the need to be
				addressed by the proposed expenditure and as to the manner in which it will be
				addressed; and
(2) the library
				board additional appropriation notice under IC 6-1.1-18-5 includes the fund
				name and a description of the purpose of the proposed expenditure.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 2 - Library Capital Projects Fund › Section 2-8 - Emergency procedures

Current through July 10, 2024
Authority: IC 36-12-12-12
Affected: IC 36-12-12-9
Sec. 8.
(a) If the
				cost of an emergency exceeds the allocation for emergencies, a library must
				apply to the department of local government finance for a determination that an
				emergency has occurred. Except in the case of extenuating circumstances, the
				application must be made to the department of local government finance within
				five (5) working days after the library board learns that an emergency has
				occurred. The application may be made in writing, by telephone, or in person.
				The department of local government finance will determine whether an emergency
				has occurred. The department of local government finance will give the library
				notice of its decision in writing no more than five (5) working days after
				receipt of the application.
(b) If
				the department of local government finance determines that an emergency exists,
				the library may adopt a resolution to amend its plan. The amendment is not
				subject to the deadline and adoption procedures prescribed in sections 3
				through 4 of this rule. However, the department of local government finance may
				modify the amendment.
(c) An
				emergency amendment may require the payment of eligible emergency costs from:
(1) money accumulated in the fund for other
				purposes; or
(2) money borrowed
				from other funds of the board or from a financial institution.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 9 - CAPITAL PROJECTS FUND › Rule 2 - Library Capital Projects Fund › Section 2-9 - Interest

Current through July 10, 2024
Authority: IC 36-12-12-12
Affected: IC 36-12-12-9
Sec. 9.
Interest on the capital projects fund, including the fund's
				  pro rata share of interest earned on the investment of total money on deposit,
				  shall be deposited in the fund. The library board may allocate the interest
				  among the accounts within the fund.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  6-1.1-12.1-13;
				  IC
				  6-1.1-31-1
Affected: IC
				  6-1.1-12.1-1; IC
				  6-1.1-45
Sec. 1.
(a) The
				definitions in this rule apply throughout this article.
(b) Unless otherwise indicated, the
				definitions contained in 50 IAC 4.2 also apply to this article. However, if a
				definition in 50 IAC 4.2 conflicts with a definition contained in this article,
				the definition under this article controls.
(c) The definitions contained in IC
				6-1.1-12.1-1 and IC
				6-1.1-45 apply throughout this article.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-1.5 - "Department" defined

Current through July 10, 2024
Authority: IC 6-1.1-12.1-13; IC 6-1.1-31-1
Affected: IC 6-1.1-12.1
Sec. 1.5.
"Department" means the department of local government
				  finance.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-2 - "Installed" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-12.1-13;
				  IC
				  6-1.1-31-1
Affected: IC
				  6-1.1-12.1-1
Sec. 2.
(a)
				"Installed" means that personal property:
(1)
				has been completely assembled;
(2)
				is completely functional for the purpose for which it was acquired;
				and
(3) is placed in
				service.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-2.5 - "New eligible equipment" defined

Current through July 10, 2024
Authority: IC 6-1.1-12.1-13; IC 6-1.1-31-1
Affected: IC 6-1.1-12.1-1
Sec. 2.5.
"New eligible equipment" means any of the following:
(1) New information technology equipment as
				defined in IC 6-1.1-12.1-1.
(2) New
				logistical distribution equipment as defined in IC 6-1.1-12.1-1.
(3) New manufacturing equipment as defined in
				IC 6-1.1-12.1-1 and section 3 of this rule.
(4) New research and development equipment as
				defined in IC 6-1.1-12.1-1.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-3 - "New manufacturing equipment" defined

Current through July 10, 2024
Authority: IC 6-1.1-12.1-13; IC 6-1.1-31-1
Affected: IC 6-1.1-12.1-1
Sec. 3.
(a) "New
				manufacturing equipment" has the meaning set forth in IC 6-1.1-12.1-1(3). In
				order to be new manufacturing equipment, personal property must be qualifying
				machinery and equipment as defined in section 6 of this rule.
(b) New manufacturing equipment includes new
				equipment and used equipment brought into Indiana from outside of
				Indiana.
(c) Special tools, as
				defined in
				50 IAC
				4.2-1-1.1(p), qualifies as new
				manufacturing equipment if it satisfies the requirements of qualifying
				machinery and equipment under section 6 of this rule.
(d) The capitalized amount of expenditures
				for the major rebuilding or reworking of existing production equipment qualify
				as new manufacturing equipment, if those expenditures are capitalized for
				federal income tax purposes and substantially increase the productivity or
				capacity of existing manufacturing equipment, substantially prolong the useful
				life of the existing manufacturing equipment, or adapt the manufacturing
				equipment to a substantially different use. The expenditures first become
				eligible as new manufacturing equipment when those expenditures are
				capitalized.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-4 - "Other tangible personal property" or "tangible personal property" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-12.1-13;
				  IC
				  6-1.1-31-1
Affected: IC
				  6-1.1-1-11;
				  IC 6-1.1-12.1
Sec. 4.
(a) "Other
				tangible personal property" or "tangible personal property" means goods or
				items of personal property that are the end product of the production process.
				A processed end product must be substantially different from the component
				materials used.
(b) Tangible
				personal property includes energy, if that energy results from the conversion
				of a solid waste or the conversion of a hazardous waste.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-5 - "Personal property" defined

Current through July 10, 2024
Authority: IC 6-1.1-12.1-13; IC 6-1.1-31-1
Affected: IC 6-1.1-1-11; IC 6-1.1-12.1
Sec. 5.
"Personal property" has the meaning set forth in IC
				  6-1.1-1-11. This term does not include inventory as defined in
				  50 IAC
				  4.2-5-1.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-6 - "Qualifying machinery and equipment" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-12.1-13;
				  IC
				  6-1.1-31-1
Affected: IC 6-1.1-12.1
Sec. 6.
(a)
				"Qualifying machinery and equipment" means tangible property used in the direct
				production, manufacture, fabrication, assembly, extraction, mining, processing,
				refining, or finishing of other tangible personal property as follows:
(1) As used in this subsection, "production,
				manufacture, fabrication, assembly, extraction, mining, processing, refining,
				or finishing" is a comprehensive description of the various means of production
				and circumscribes all of the operations or processes by which a finished
				product is derived.
(2) As used in
				this subsection, "direct", within the phrase "used in the direct production,
				manufacture, fabrication, assembly, extraction, mining, processing, refining,
				or finishing of other tangible personal property", means an essential or
				integral part of the operation or process that leads to the creation of other
				tangible personal property.
(3) The
				conversion of a solid waste or a hazardous waste into energy or other useful
				products constitutes use in the direct production, manufacture, fabrication,
				assembly, extraction, mining, processing, refining, or finishing of other
				tangible personal property.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-6.5 - "Qualifying research and development equipment" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-12.1-13;
				  IC
				  6-1.1-31-1
Affected: IC
				  6-1.1-12.1-1; IC
				  6-1.1-35-9
Sec. 6.5.
"Qualifying research and development equipment" means new
				  research and development equipment as defined under IC
				  6-1.1-12.1-1(12),
				  and properly documented as required by this section. Each item, or group of
				  like items, must be individually identified and itemized as one (1) of the
				  following:
(1) Laboratory
				equipment.
(2) Research and
				development equipment.
(3) Computer
				and computer software.
(4)
				Telecommunications equipment.
(5)
				Testing equipment.
Each item or group of like items must be identified as being
				  devoted to a specified research and development activity. As used in this
				  subsection, "research and development activity" means an activity that can be
				  demonstrated, under commonly recognized industry practices, as being related to
				  the research and development, testing, or improvement of a new or existing
				  product. The documentation required by this subsection may be supported by
				  academic industry literature, internal company documents, or data (including
				  confidential information submitted under IC
				  6-1.1-35-9
				  ), or any Indiana or United States statute, rule, or regulation that relates to
				  research and development or the taxation of research and development equipment
				  or activities.
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 1 - Definitions › Section 1-9 - "Statement of benefits" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-12.1-13;
				  IC
				  6-1.1-31-1
Affected: IC
				  6-1.1-12.1-4.5
Sec. 9.
(a)
				"Statement of benefits" means the document or form on which the property owner
				submits information to the designating body. The statement of benefits form is
				prescribed by the department. The department has prescribed SB-1 forms for
				taxpayers to use as the statement of benefits form. These forms are as follows:
(1) Form SB-1/PP, Statement of Benefits -
				Personal Property (State Form 51764).
(2) Form SB-1/Real Property, Statement of Benefits - Real Estate
				Improvements (State Form 51767).
(3) Form SB-1/UD, Statement of Benefits - Utility Distributable
				Property (State Form 52446).
(4)
				Form SB-1/VBD, Statement of Benefits - Vacant Building Deduction (State Form
				55182).
Indiana Administrative Code › Title 50 - DEPARTMENT OF LOCAL GOVERNMENT FINANCE › Article 10 - ECONOMIC REVITALIZATION AREA DEDUCTION; MARITIME OPPORTUNITY DISTRICT DEDUCTION › Rule 2 - Designation Procedures › Section 2-1 - Purpose

Current through July 10, 2024
Authority: IC
				  6-1.1-12.1-13;
				  IC
				  6-1.1-31-1
Affected: IC 6-1.1-12.1
Sec. 1.
The purpose of this rule is to provide a general description
				  of the procedures associated with the designation of an economic revitalization
				  area. Designating bodies may tailor practices or procedures to fit their
				  specific circumstances so long as the statutory procedures are observed.