CHAPTER 9. ANNEXATION OF A TOWNSHIP SCHOOL CORPORATION
IC 20-23-9
Chapter 9. Annexation of a Township School Corporation
IC 20-23-9-1
"Annexing corporation"
Sec. 1. As used in this chapter, "annexing corporation" refers to
a school corporation that has annexed all or part of any territory of
a township school.
As added by P.L.1-2005, SEC.7.
IC 20-23-9-2
"Township"
Sec. 2. As used in this chapter, "township" refers to a township
where any part of a township school was located.
As added by P.L.1-2005, SEC.7.
IC 20-23-9-3
"Township school"
Sec. 3. As used in this chapter, "township school" refers to:
(1) a township school that loses territory to an annexing
corporation as a result of an annexation;
(2) the township school's successor; or
(3) the township.
As added by P.L.1-2005, SEC.7.
IC 20-23-9-4
Petition of appeal
Sec. 4. (a) An annexing corporation may file a petition of appeal
with the department of local government finance for emergency
financial relief.
(b) The annexing corporation shall serve the petition on the
following:
(1) The department.
(2) The township.
(3) The township school.
(4) Any other annexing corporation that annexed the township
school on the same date.
(c) All annexing corporations are parties to the petition.
As added by P.L.1-2005, SEC.7.
IC 20-23-9-5
Factfinding hearing
Sec. 5. If the department of local government finance receives a
petition of appeal under section 4 of this chapter, the department of
local government finance shall hold a factfinding hearing.
As added by P.L.1-2005, SEC.7. Amended by P.L.182-2009(ss),
SEC.311.
IC 20-23-9-6
Determinations at factfinding hearings
Sec. 6. (a) At a factfinding hearing under section 5 of this chapter,
the department of local government finance shall determine the
following:
(1) Whether the township school has made all payments
required by any statute, including the following:
(A) P.L.32-1999.
(B) IC 20-23-5-12.
(C) The resolution or plan of annexation of the township
school, including:
(i) any amendment to the resolution or plan;
(ii) any supporting or related documents; and
(iii) any agreement between the township school and an
annexing corporation relating to the winding up of affairs
of the township school.
(2) The amount, if any, by which the township school is in
arrears on any payment described in subdivision (1).
(3) Whether the township school has filed with the department
of local government finance all reports concerning the affairs of
the township school, including all transfer tuition reports
required for the two (2) school years immediately preceding the
date on which the township school was annexed.
(b) In determining the amount of arrears under subsection (a)(2),
the department of local government finance shall consider all
amounts due to an annexing corporation, including the following:
(1) Any transfer tuition payments due to the annexing
corporation.
(2) All levies, excise tax distributions, and state distributions
received by the township school and due to the annexing
corporation, including levies and distributions received by the
township school after the date on which the township school
was annexed.
(3) All excessive levies that the township school agreed to
impose and pay to an annexing corporation but failed to impose.
(c) If, in a hearing under this section, the department of local
government finance determines that a township school has:
(1) under subsection (a)(1), failed to make a required payment;
or
(2) under subsection (a)(3), failed to file a required report;
the department may act under section 7 of this chapter.
As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.24;
P.L.182-2009(ss), SEC.312.
IC 20-23-9-7
Powers of department after determination; payments
Sec. 7. (a) If the department of local government finance makes
a determination under section 6(c) of this chapter, the department:
(1) may prohibit a township from:
(A) acquiring real estate;
(B) making a lease or incurring any other contractual
obligation calling for an annual outlay by the township
exceeding ten thousand dollars ($10,000);
(C) purchasing personal property for a consideration greater
than ten thousand dollars ($10,000); and
(D) adopting or advertising a budget, tax levy, or tax rate for
any calendar year;
until the township school has made all required payments under
section 6(a)(1) of this chapter and filed all required reports
under section 6(a)(3) of this chapter; and
(2) shall certify to the treasurer of state the amount of arrears
determined under section 6(a)(2) of this chapter.
(b) Upon being notified of the amount of arrears certified under
subsection (a)(2), the treasurer of state shall make payments from the
funds of state to the extent, but not in excess, of any amounts
appropriated by the general assembly for distribution to the township
school, deducting the payments from any amount distributed to the
township school.
As added by P.L.1-2005, SEC.7. Amended by P.L.182-2009(ss),
SEC.313.
IC 20-23-9-8
Excess levy
Sec. 8. The department may grant permission to a township school
or a township to impose an excess levy to satisfy its obligations
under this chapter.
As added by P.L.1-2005, SEC.7.