SB 1-25_ Filed 12/04/2003, 07:48 Goodin
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 1 be amended to read as follows:
SOURCE: Page 47, line 40; (04)MO000145.47. -->
Page 47, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 6-1.1-19-2; (04)MO000145.29. -->
"SECTION 29. IC 6-1.1-19-2, AS AMENDED BY P.L.178-2002,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) A county board of tax adjustment may
not approve or recommend the approval of an excessive tax levy.
(b) If a school corporation adopts or advertises an excessive tax
levy, the county board of tax adjustment which reviews the school
corporation's budget, tax levy, and tax rate shall reduce the excessive
tax levy to the maximum normal tax levy.
(c) If a county board of tax adjustment approves, or recommends
the approval of, an excessive tax levy for a school corporation, the
auditor of the county for which the county board is acting shall reduce
the excessive tax levy to the maximum normal tax levy. Such a
reduction shall be set out in the notice required to be published by the
auditor under IC 6-1.1-17-12, and an appeal shall be permitted
therefrom as provided under IC 6-1.1-17 as modified by this chapter.
(d) Appeals from any action of a county board of tax adjustment or
county auditor in respect of a school corporation's budget, tax levy, or
tax rate may be taken as provided for by IC 6-1.1-17. Notwithstanding
IC 6-1.1-17, a school corporation may appeal to the department of local
government finance for emergency financial relief for the ensuing
calendar year at any time before:
September 20; or
(2) in the case of a request described in section 4.7(a) of this
chapter, December 31;
of the calendar year immediately preceding the ensuing calendar year.
(e) In the appeal petition in which a school corporation seeks
emergency financial relief, the appellant school corporation shall allege
that, unless it is given the emergency financial relief for which it
petitions, it will be unable to carry out, in the ensuing calendar year, the
public educational duty committed to it by law, and it shall support that
allegation by reasonably detailed statements of fact.
(f) When an appeal petition in which a school corporation petitions
for emergency financial relief is filed with the department of local
government finance, the department shall include, in the notice of the
hearing in respect of the petition that it is required to give under
IC 6-1.1-17-16, a statement to the effect that the appellant school
corporation is seeking emergency financial relief for the ensuing
calendar year. A subsequent action taken by the department of local
government finance in respect of such an appeal petition is not invalid,
however, or otherwise affected, if the department fails to include such
a statement in the hearing notice.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 1 as printed December 2, 2003.)
MO000145/DI 73 2004