LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6854 NOTE PREPARED: Jan 2, 2024 BILL NUMBER: HB 1134 BILL AMENDED: SUBJECT: Local Income Tax. FIRST AUTHOR: Rep. Clere BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local DEDICATED FEDERAL Summary of Legislation: LIT Allocations for Taxing Unit Merger or Consolidation: This bill provides that, for the purpose of distributing the local income tax (LIT), if two or more school corporations or civil taxing units merge or consolidate to form a single school corporation or civil taxing unit, the school corporation or civil taxing unit is entitled to the combined pro rata distribution of the LIT revenue allocated to each applicable school corporation or civil taxing unit in existence on January 1 of the immediately preceding calendar year prior to the merger or consolidation. FIT Allocations for Taxing Unit Merger or Consolidation: This bill provides, for purposes of calculating distributions of the financial institutions tax to local taxing units, how to calculate distributions for a taxing unit that did not receive distributions in 2012 because the unit was subsequently established from the merger or consolidation of two or more taxing units that received distributions from the financial institutions tax fund in 2012. CVET Allocations for Taxing Unit Merger or Consolidation: This bill provides, for purposes of calculating qualified distributions of the commercial motor vehicle excise tax to local taxing units, how to calculate base revenue distributions for a taxing unit that did not receive a base revenue distribution in 2001 because the taxing unit was subsequently established from the merger or consolidation of two or more taxing units that received base revenue distributions in 2001. It provides that, for purposes of determining the apportionment or distribution of the motor vehicle excise tax, that the county auditor may make adjustments to reflect the merger or consolidation of two or more taxing units. Highland Fire Protection District: This bill provides that the Department of Local Government Finance (DLGF) shall make certain adjustments pertaining to the distribution of LIT for Floyd County in 2025, which HB 1134 1 provide that the Highlander Fire Protection District (district) shall receive an amount equal to the combined distribution that would have been distributed to the Greenville Fire Protection District (FPD) and the Lafayette Fire Protection District (FPD) in 2024, but for their elimination resulting from the merger to establish the district. The bill requires corresponding adjustments in 2025 to reduce the distribution for each applicable civil taxing unit and school corporation in Floyd County, excluding the district, by an amount that equals the proportionate share of the amount of LIT received in 2024 of the combined distribution that would have been distributed to the Greenville FPD and the Lafayette FPD in 2024, but for their elimination. This bill makes technical corrections. Effective Date: July 1, 2024; January 1, 2025. Explanation of State Expenditures: Department of Local Government Finance (DLGF): The administrative workload for the DLGF may increase as a result of computing and reporting the revised/updated revenue allocations of local income tax and commercial vehicle excise tax revenue, should two or more civil taxing units or school corporations consolidate or merge into one unit. Additionally, the DLGF will experience a minor temporary increase in administrative workload to make the applicable adjustments to the CY 2025 LIT distribution allocations to account for the newly created Highland Fire Protection District in Floyd County. It is assumed that the DLGF will be able to make these calculations using existing resources and not require additional appropriations to implement this bill’s provisions. State Comptroller: The State Comptroller may experience a minor increase in administrative workload as a result of computing and transferring to the county auditor the revised/updated revenue allocations of financial institutions tax, should two or more civil taxing units or school corporations consolidate or merge into one unit. It is assumed that the State Comptroller’s office will be able to implement these provisions using existing resources and not require additional appropriations. Explanation of State Revenues: Explanation of Local Expenditures: County Auditors: The administrative workload for county auditors may increase as a result of making any necessary adjustments to the current taxing unit apportionment and distributions of motor vehicle excise tax revenue in the county, should two or more civil taxing units or school corporations consolidate or merge into one unit. Explanation of Local Revenues: LIT, FIT, and CVET Allocations for Taxing Unit Merger or Consolidation: These provisions should have a neutral impact on total overall LIT, financial institutions tax, and commercial and motor vehicle excise tax revenues in a county where two or more civil taxing units or school corporations have merged or consolidated. The allocations of these revenues to certain taxing units will be revised so that the pro rata distribution to the applicable taxing units (pre-merger or pre- consolidation) is combined and distributed to the newly merged or consolidated taxing unit. This bill’s provisions would eliminate the potential of any re-distribution of these revenues to the other taxing units in the county that may occur in the first year immediately following the creation of the newly merged or consolidated taxing unit. Highland Fire Protection District: This bill’s provisions set the local income tax distributions effective CY 2025 - inclusive of any future supplemental distributions - for the newly created Highland Fire Protection District that would have originally been allocated to the Greenville Township Fire Protection District and Lafayette Township Fire Protection District in Floyd County prior to the merger. HB 1134 2 Additional Information: The Highland Fire Protection District was established via an ordinance approved by the Floyd County Commissioners on December 30, 2022. The newly created district was the result of a merger between the Greenville Township Fire Protection District and the Lafayette Township Fire District and is to become fully operational on January 1, 2024. The Highland Fire Protection District did adopt a total property tax levy of approximately $3M for CY 2024. However, the newly created Highland Fire Protection District did not receive a levy in CY 2023 and therefore, did not have a base for which to calculate CY 2024 LIT distributions. The CY 2024 LIT distributions that would have been allocated to the Greenville Township Fire Protection District in the amount of $462,687 and to the Lafayette Township Fire Protection District in the amount of $489,435 were instead allocated to the other taxing units in Floyd County. These CY 2024 distributions will be added as an adjustment for the Highland Fire Protection District when the DLGF calculates the LIT distribution allocations for CY 2025. State Agencies Affected: Department of Local Government Finance. Local Agencies Affected: Civil taxing units and school corporations. Information Sources: CY 2024 Certified Local Income Tax Distributions - Unit Allocations as November 29, 2023; Gateway for Local Government Units - Budget Application: Highland Fire District CY 2024 Budget Form 4. Fiscal Analyst: James Johnson, 317-232-9869; Bob Sigalow, 317-232-9859. HB 1134 3