SB 399-1_ Filed 01/15/2002, 12:10
Adopted 01/15/2002

COMMITTEE REPORT

MR. PRESIDENT:

    The Senate Committee on Legislative Apportionment and Elections, to which was referred Senate Bill No. 399, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 86, line 12; (02)CR039901.86. -->     Page 86, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 12-29-2-2; (02)CR039901.94. -->     "SECTION 94. IC 12-29-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 2. (a) Subject to subsection (b), a county shall fund the operation of community mental health centers in an amount not less than the amount that would be raised by an annual tax rate of one and thirty-three hundredths cents ($0.0133) on each one hundred dollars ($100) of taxable property within the county, unless a lower tax rate will be adequate to fulfill the county's financial obligations under this chapter in any of the following situations:
        (1) If the total population of the county is served by one (1) center.
        (2) If the total population of the county is served by more than one (1) center.
        (3) If the partial population of the county is served by one (1) center.
        (4) If the partial population of the county is served by more than one (1) center.
    (b) This subsection applies only to a property tax that is imposed in a county having a population of more than seven hundred thousand

(700,000). containing a consolidated city. The tax rate permitted under subsection (a) for taxes first due and payable after calendar year 1995 is the tax rate permitted under subsection (a) as adjusted under this subsection. For each year in which a general reassessment of property will take effect, the state board of tax commissioners shall compute the maximum rate permitted under subsection (a) as follows:
        STEP ONE: Determine the maximum rate for the year preceding the year in which the general reassessment takes effect.
        STEP TWO: Determine the actual percentage increase (rounded to the nearest one-hundredth percent) in the assessed value of the taxable property from the year preceding the year the general reassessment takes effect to the year that the general reassessment is effective.
        STEP THREE: Determine the three (3) calendar years that immediately precede the ensuing calendar year and in which a statewide general reassessment of real property does not first become effective.
        STEP FOUR: Compute separately, for each of the calendar years determined in STEP THREE, the actual percentage increase (rounded to the nearest one-hundredth percent) in the assessed value of the taxable property from the preceding year.
        STEP FIVE: Divide the sum of the three (3) quotients computed in STEP FOUR by three (3).
        STEP SIX: Determine the greater of the following:
            (A) Zero (0).
            (B) The result of the STEP TWO percentage minus the STEP FIVE percentage.
        STEP SEVEN: Determine the quotient of the STEP ONE tax rate divided by one (1) plus the STEP SIX percentage increase.
This maximum rate is the maximum rate under this section until a new maximum rate is computed under this subsection for the next year in which a general reassessment of property will take effect.".
SOURCE: Page 95, line 36; (02)CR039901.95. -->     Page 95, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 14-33-5.4-1; (02)CR039901.107. -->     "SECTION 107. IC 14-33-5.4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. (a) This chapter applies only to conservancy districts located wholly within a county having a population of more than twenty-two thousand (22,000) but less than twenty-three thousand (23,000). twenty-three thousand five

hundred (23,500) but less than twenty-four thousand (24,000).
    (b) This article governs conservancy districts located wholly within a county having a population of more than twenty-two thousand (22,000) but less than twenty-three thousand (23,000) twenty-three thousand five hundred (23,500) but less than twenty-four thousand (24,000) generally except when this article conflicts with a section of this chapter.".
SOURCE: Page 98, line 1; (02)CR039901.98. -->     Page 98, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 16-22-2-3.1; (02)CR039901.113. -->     "SECTION 113. IC 16-22-2-3.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 3.1. (a) This section applies to a hospital operated under IC 16-12-4-2 (before its repeal on July 1, 1993) that is located in a county having a population of more than thirty-seven thousand (37,000) but less than thirty-seven thousand eight hundred (37,800). forty-one thousand (41,000) but less than forty-three thousand (43,000).
    (b) The management of a hospital is under the control of a governing board. The governing board consists of nine (9) members appointed by the county executive as follows:
        (1) Three (3) members must be members of the county executive.
        (2) Six (6) members must be residents of the county and not more than three (3) members may be from the same political party. One (1) member may be a licensed physician.
    (c) The term of each member of the governing board is three (3) years.
    (d) If a vacancy occurs due to the expiration of an appointed member's term and the county executive does not fill the vacancy within sixty (60) days from the date of expiration, the member whose term has expired is automatically reappointed for another term.".
SOURCE: Page 118, line 27; (02)CR039901.118. -->     Page 118, delete lines 27 through 42, begin a new paragraph and insert:
SOURCE: IC 25-34.1-2-1; (02)CR039901.144. -->     "SECTION 144. IC 25-34.1-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE APRIL 1, 2002]: Sec. 1. (a) The Indiana real estate commission is created. It
    (b) The commission
consists of one (1) the following:
        (1) Ten (10)
district member from members. Each Indiana congressional district of this state and must be represented by at least one (1) individual appointed under this section.
         (2) Two (2) members at large.


A district member must be a resident of the represented district for not less than one (1) year and have engaged in business as a license broker for not less than five (5) years. Members at large shall be appointed to represent the general public, and must be residents of this state who have never been associated with the real estate business in any way other than as a consumer.
    (b) (c) Each member of the commission shall be appointed by the governor and shall serve a four (4) year term. If a successor has not been appointed, the current member shall serve until a successor is appointed and qualified. If a vacancy occurs on the commission, the governor shall appoint an individual to serve the unexpired term of the previous member and until a successor is appointed and qualified.
    (c) (d) A member of the commission may not hold a state or federal elective office.".
SOURCE: Page 119, line 1; (02)CR039901.119. -->     Page 119, delete lines 1 through 3.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 399 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 8, Nays 0.

____________________________________

    Landske
Chairperson


CR039901/DI 102    2002