2010 Indiana Code
TITLE 6. TAXATION
ARTICLE 1.1. PROPERTY TAXES
CHAPTER 29. COUNTY BOARD OF TAX ADJUSTMENT
IC 6-1.1-29
Chapter 29. County Board of Tax Adjustment
IC 6-1.1-29-1
County board of tax adjustment
Sec. 1. Except as provided in section 9 of this chapter, each
county shall have a county board of tax adjustment composed of
seven (7) members. The members of the county board of tax
adjustment shall be selected as follows:
(1) The county fiscal body shall appoint a member of the body
to serve as a member of the county board of tax adjustment.
(2) Either the executive of the largest city in the county or a
public official of any city in the county appointed by that
executive shall serve as a member of the board. However, if
there is no incorporated city in the county, the fiscal body of the
largest incorporated town of the county shall appoint a member
of the body to serve as a member of the county board of tax
adjustment.
(3) The governing body of the school corporation, located
entirely or partially within the county, which has the greatest
taxable valuation of any school corporation of the county shall
appoint a member of the governing body to serve as a member
of the county board of tax adjustment.
(4) The remaining four (4) members of the county board of tax
adjustment must be residents of the county and freeholders and
shall be appointed by the board of commissioners of the county.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.7-1983,
SEC.9; P.L.69-1985, SEC.1; P.L.8-1989, SEC.25; P.L.4-1991,
SEC.135; P.L.224-2007, SEC.41; P.L.182-2009(ss), SEC.167.
IC 6-1.1-29-1.5
Repealed
(Repealed by P.L.146-2008, SEC.801.)
IC 6-1.1-29-2
Appointment of members; terms; political affiliation
Sec. 2. The seven (7) members of the county board of tax
adjustment shall be appointed before April 15th of each year, and
their appointments shall continue in effect until April 15th of the
following year. The four (4) freehold members of the county board
of tax adjustment may not be, or have been during the year preceding
their appointment, an official or employee of a political subdivision.
The four (4) freehold members shall be appointed in such a manner
that no more than four (4) of the board members are members of the
same political party.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.224-2007,
SEC.43; P.L.146-2008, SEC.260.
IC 6-1.1-29-2.5
Repealed
(Repealed by P.L.146-2008, SEC.801.)
IC 6-1.1-29-3
Vacancies
Sec. 3. If a vacancy occurs in the membership of the county board
of tax adjustment with respect to an appointment made by a fiscal
body, the vacancy shall be filled in the same manner provided for the
original appointment.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.1-1993,
SEC.34; P.L.224-2007, SEC.45; P.L.146-2008, SEC.261.
IC 6-1.1-29-4
Meetings
Sec. 4. Each county board of tax adjustment, except the board for
a consolidated city and county and for a county containing a second
class city, shall hold its first meeting of each year for the purpose of
reviewing budgets, tax rates, and levies on September 22 or on the
first business day after September 22, if September 22 is not a
business day. The board for a consolidated city and county and for
a county containing a second class city shall hold its first meeting of
each year for the purpose of reviewing budgets, tax rates, and levies
on the first Wednesday following the adoption of city and county
budget, tax rate, and tax levy ordinances. The board shall hold the
meeting at the office of the county auditor. At the first meeting of
each year, the board shall elect a chairman and a vice-chairman.
After this meeting, the board shall continue to meet from day to day
at any convenient place until its business is completed. However, the
board must complete its duties on or before the date prescribed in
IC 6-1.1-17-9(a).
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1980,
P.L.8, SEC.54; Acts 1980, P.L.47, SEC.1; P.L.44-1991, SEC.4;
P.L.35-1994, SEC.3; P.L.50-2000, SEC.3; P.L.224-2007, SEC.46;
P.L.146-2008, SEC.262.
IC 6-1.1-29-5
Clerk
Sec. 5. The county auditor shall serve as clerk of the county board
of tax adjustment. The clerk shall keep a complete record of all the
board's proceedings. The clerk may not vote on matters before the
board.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.224-2007,
SEC.47; P.L.146-2008, SEC.263.
IC 6-1.1-29-6
Compensation of certain members
Sec. 6. The four (4) freehold members of the county board of tax
adjustment shall receive compensation on a per diem basis for each
day of actual service. The rate of this compensation is the same as
the rate that the freehold members of the county property tax
assessment board of appeals of that county receive. The county
auditor shall keep an attendance record of each meeting of the county
board of tax adjustment. At the close of each annual session, the
county auditor shall certify to the county board of commissioners the
number of days actually served by each freehold member. The
county board of commissioners may not allow claims for service on
the county board of tax adjustment for more days than the number of
days certified by the county auditor.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.6-1997,
SEC.98; P.L.224-2007, SEC.48; P.L.146-2008, SEC.264.
IC 6-1.1-29-7
Officials of political subdivisions required to appear and provide
information
Sec. 7. A county board of tax adjustment may require an official
of a political subdivision of the county to appear before the board. In
addition, the board may require such an official to provide the board
with information which is related to the budget, tax rate, or tax levy
of the political subdivision.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.224-2007,
SEC.49; P.L.146-2008, SEC.265.
IC 6-1.1-29-8
Examiners; employment; expenses
Sec. 8. A county board of tax adjustment may employ an
examiner of the state board of accounts to assist the county board
with its duties. If the board desires to employ an examiner, it shall
adopt a resolution which states the number of days that the examiner
is to serve. When the county board files a copy of the resolution with
the chief examiner of the state board of accounts, the state board of
accounts shall assign an examiner to the county board of tax
adjustment for the number of days stated in the resolution. When an
examiner of the state board of accounts is employed by a county
board of tax adjustment under this section, the county shall pay the
expenses related to the examiner's services in the same manner that
expenses are to be paid under IC 5-11-4-3.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.224-2007,
SEC.50; P.L.146-2008, SEC.266.
IC 6-1.1-29-9
County board of tax adjustment; procedures for abolishing; effect
Sec. 9. (a) A county council may adopt an ordinance to abolish the
county board of tax adjustment. This ordinance must be adopted by
July 1 and may not be rescinded in the year it is adopted.
Notwithstanding IC 6-1.1-17, IC 6-1.1-18, IC 20-45 (before January
1, 2009), IC 20-46, IC 12-19-7 (before January 1, 2009),
IC 12-19-7.5 (before January 1, 2009), IC 36-8-6, IC 36-8-7,
IC 36-8-7.5, IC 36-8-11, IC 36-9-3, IC 36-9-4, and IC 36-9-13, if
such an ordinance is adopted, this section governs the treatment of
tax rates, tax levies, and budgets that would otherwise be reviewed
by a county board of tax adjustment under IC 6-1.1-17.
(b) The time requirements set forth in IC 6-1.1-17 govern all
filings and notices.
(c) If an ordinance described in subsection (a) is adopted and has
not been rescinded, a tax rate, tax levy, or budget that otherwise
would be reviewed by the county board of tax adjustment is
considered and must be treated for all purposes as if the county board
of tax adjustment approved the tax rate, tax levy, or budget. This
includes the notice of tax rates that is required under IC 6-1.1-17-12.
As added by P.L.69-1985, SEC.2. Amended by P.L.2-1992, SEC.65;
P.L.36-1994, SEC.11; P.L.273-1999, SEC.57; P.L.224-2003,
SEC.89; P.L.2-2006, SEC.66; P.L.224-2007, SEC.51; P.L.146-2008,
SEC.267.
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