Introduced Version






HOUSE BILL No. 1412

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 6-1.1-17-20 .

Synopsis: Property tax budgets of appointed local boards. Requires the proposed property tax levy of all governing bodies that are currently approved by an appointive body to be subject to the review and approval of an appropriate elected fiscal body if the lesser of 250 or 10% of owners of real property within a taxing unit file a petition requesting the review and approval. Removes the exceptions in current law for budgets of appointed school corporations and public libraries and for governing bodies budgeting a tax levy increase of less than 5% of the prior year's levy. Removes a restriction that prevents a fiscal body from reducing the proposed tax levy to an amount that is less than the maximum permissible levy increase under property tax controls.

Effective: Upon passage.





Adams T, Torr




    January 11, 2001, read first time and referred to Committee on Ways and Means.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1412



    A BILL FOR AN ACT to amend the Indiana Code concerning taxation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-1.1-17-20; (01)IN1412.1.1. -->     SECTION 1. IC 6-1.1-17-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20. (a) This section applies
        (1) to each governing body of a taxing unit that is not comprised of a majority of officials who are elected to serve on the governing body. and
        (2) if the proposed property tax levy for the taxing unit for the ensuing calendar year is more than five percent (5%) greater than the property tax levy for the taxing unit for the current calendar year.
    (b) As used in this section, "taxing unit" has the meaning set forth in IC 6-1.1-1-21, except that the term does not include a school corporation or a public library district. A qualified petitioner may file a petition that states that the taxing unit's proposed budget and tax levy should be submitted for review and adoption under this section. The petition must be filed with the governing body before August 1 for the budget and property tax levy proposed for the

following year. Before filing the petition with the governing body, at least one (1) qualified petitioner must verify each petition under oath in a manner prescribed by the state board of accounts. If a petition is filed by the lesser of:
        (1) two hundred fifty (250) owners of real property within the taxing unit; or
        (2) ten percent (10%) of the owners of real property within the taxing unit;
as determined by the county auditor, the appropriate elected fiscal body (as determined by subsection (c) or (d)) shall review and adopt the proposed budget and property tax levy.

    (c) If:
        (1) the assessed valuation of a taxing unit is entirely contained within a city or town; or
        (2) the assessed valuation of a taxing unit is not entirely contained within a city or town but the taxing unit was originally established by the city or town;
the governing body shall submit its proposed budget and property tax levy to the city or town fiscal body. The proposed budget and levy shall be submitted at least fourteen (14) days before the city or town fiscal body is required to hold budget approval hearings under this chapter.
    (d) If subsection (c) does not apply, the governing body of the taxing unit shall submit its proposed budget and property tax levy to the county fiscal body in the county where the taxing unit has the most assessed valuation. The proposed budget and levy shall be submitted at least fourteen (14) days before the county fiscal body is required to hold budget approval hearings under this chapter.
    (e) The fiscal body of the city, town, or county (whichever applies) shall review each budget and proposed tax levy and adopt a final budget and tax levy for the taxing unit. The fiscal body may reduce or modify but not increase the proposed budget or tax levy. However, the fiscal body may not reduce the proposed tax levy to an amount that is less than the maximum permissible levy under IC 6-1.1-18.5-3.

SOURCE: ; (01)IN1412.1.2. -->     SECTION 2. An emergency is declared for this act.