HB 1055-4_ Filed 02/18/2004, 12:04 Clark
Adopted 2/19/2004

SENATE MOTION


MADAM PRESIDENT:

    I move
that House Bill 1055 be amended to read as follows:

SOURCE: Page 19, line 36; (04)MO105505.19. -->     Page 19, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 6-1.1-19-4.8; (04)MO105505.12. -->     "SECTION 12. IC 6-1.1-19-4.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.8. (a) As used in this section:
        (1) "2004 taxes" refers to property taxes first due and payable in 2004; and
        (2) "later years" refers to the six (6) calendar years that immediately succeed 2004.
    (b) This section applies to a school corporation that:
        (1) appealed for emergency financial relief under section 2(d) of this chapter for 2004 taxes;
        (2) held a referendum in 2003 under section 4.5(c) of this chapter in which the majority of voters approved the imposition for:
            (A) 2004 taxes; and
            (B) property taxes first due and payable in later years;
        of a property tax rate in the amount certified in the referendum question and that is in addition to the school corporation's normal tax rate; and
        (3) was notified by the department of local government finance under section 4.5(c)(6) of this chapter that the school corporation is authorized for 2004 taxes to collect a referendum tax levy.
    (c) The department of local government finance shall approve under IC 6-1.1-17-16 for a school corporation for 2004 taxes a tax levy that includes a referendum tax levy under section 4.5(c)(6) of this chapter in the amount of the product of:
        (1) the property tax rate in the amount referred to in subsection (b)(2); multiplied by
        (2) the final certified assessed value of the school corporation for the 2003 assessment date.

     (d) The department of local government finance shall approve under IC 6-1.1-17-16 for a school corporation for property taxes first due and payable in each of the later years a tax levy that includes a referendum tax levy under section 4.5(c)(6) of this chapter in the amount of the product of:
        (1) the property tax rate in the amount referred to in subsection (b)(2); multiplied by
        (2) the final certified assessed value of the school corporation for the assessment date in the calendar year that immediately precedes the calendar year in which the taxes are first due and payable.

     (e) This section expires January 1, 2011.".
SOURCE: Page 42, line 3; (04)MO105505.42. -->     Page 42, between lines 3 and 4, begin a new paragraph and insert:"
SOURCE: ; (04)MO105505.33. -->     "SECTION 33. [EFFECTIVE UPON PASSAGE] (a) If on the effective date of this SECTION the department of local government finance has certified under IC 6-1.1-17-16 the property tax levy and the property tax rate of a school corporation referred to in IC 6-1.1-19-4.8, as added by this act, for property taxes first due and payable in 2004, the department shall recertify for those taxes:
        (1) the property tax levy of the school corporation in the amount required under IC 6-1.1-19-4.8, as added by this act; and
        (2) the property tax rate of the school corporation to reflect the levy under subdivision (1).
    (b) This SECTION expires January 1, 2005.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1055 as printed February 17, 2004.)

________________________________________

Senator CLARK


MO105505/DI 52
2004