SB 609-2_ Filed 03/22/2005, 13:53 Espich
Adopted 3/28/2005


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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 609 be recommitted to a Committee of One, its sponsor, with specific instructions to amend as follows:


    Page 9, between lines 32 and 33, begin a new paragraph and insert:
    "SECTION 8. IC 6- 3.5- 6- 1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 1. As used in this
chapter:
    "Adjusted gross income" has the same definition that the term is
given in IC 6- 3- 1- 3.5. However, in the case of a county taxpayer who
is not treated as a resident county taxpayer of a county, the term
includes only adjusted gross income derived from his principal place of
business or employment.
    "Civil taxing unit" means any entity, except a school corporation,
that has the power to impose ad valorem property taxes. The term does
not include a solid waste management district that is not entitled to a
distribution under section 1.3 of this chapter. However, in the case of
a county in which a consolidated city is located, the consolidated city,
the county, all special taxing districts, special service districts, included
towns (as defined in IC 36- 3- 1- 7), and all other political subdivisions
except townships, excluded cities (as defined in IC 36- 3- 1- 7), a public
transportation corporation established under IC 36- 9- 4,
and school
corporations shall be deemed to comprise one (1) civil taxing unit
whose fiscal body is the fiscal body of the consolidated city.
     "County income tax council" means a council established by
section 2 of this chapter.
    "County taxpayer", as it relates to a particular county, means any
individual:
        (1) who resides in that county on the date specified in section 20 of this chapter; or
        (2) who maintains his principal place of business or employment in that county on the date specified in section 20 of this chapter and who does not reside on that same date in another county in which the county option income tax, the county adjusted income tax, or the county economic development income tax is in effect.
    "Department" refers to the Indiana department of state revenue.
    "Fiscal body" has the same definition that the term is given in
IC 36- 1- 2- 6.
    "Resident county taxpayer", as it relates to a particular county,
means any county taxpayer who resides in that county on the date
specified in section 20 of this chapter.
    "School corporation" has the same definition that the term is given IC 6- 1.1- 1- 16.".
    Page 13, line 4, strike "as" and insert " established ".
    Page 13, strike line 5.
    Page 13, line 6, strike "IC 36- 9- 4- 42;" and insert " IC 36- 9- 4; ".
    Page 18, between lines 20 and 21, begin a new paragraph and insert:
    "SECTION 16. IC 36- 9- 4- 42 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 42. (a) A
municipality or a public transportation corporation that expends money
for the establishment or maintenance of an urban mass transportation
system under this chapter may acquire the money for these expenditures:
        (1) by issuing bonds under section 43 or 44 of this chapter;
        (2) by borrowing money made available for such purposes by any source;
        (3) by accepting grants or contributions made available for such purposes by any source;
        (4) in the case of a municipality, by appropriation from the general fund of the municipality, or from a special fund that the municipal legislative body includes in the municipality's budget; or
        (5) in the case of a public transportation corporation, by levying a tax under section 49 of this chapter or by recommending an election to use revenue from the county option income taxes, as provided in subsection (c). using revenue from county option income taxes.
    (b) Money may be acquired under this section for the purpose of
exercising any of the powers granted by or incidental to this chapter,
including:
        (1) studies under section 4, 9, or 11 of this chapter;
        (2) grants in aid;
        (3) the purchase of buses or real property by a municipality for lease to an urban mass transportation system, including the payment of any amount outstanding under a mortgage, contract of sale, or other security device that may attach to the buses or real property;
        (4) the acquisition by a public transportation corporation of property of an urban mass transportation system, including the payment of any amount

outstanding under a mortgage, contract of sale, or other security device that may attach to the property;
        (5) the operation of an urban mass transportation system by a public transportation corporation, including the acquisition of additional property for such a system; and
        (6) the retirement of bonds issued and outstanding under this chapter.
    (c) This subsection applies only to a public transportation
corporation located in a county having a consolidated city. In order to
provide revenue to a public transportation corporation during a year, the
public transportation corporation board may recommend and the county
fiscal body may elect to provide revenue to the corporation from part
the certified distribution, if any, that the county is to receive during
same year under IC 6- 3.5- 6- 17. To make the election, the county
fiscal body must adopt an ordinance before September 1 of the
preceding year. The county fiscal body must specify in the ordinance
amount of the certified distribution that is to be used to provide
revenue to the corporation. If such an ordinance is adopted, the county
fiscal body shall immediately send a copy of the ordinance to the
county auditor.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 609 as printed March 18, 2005.)

    

________________________________________

Representative ESPICH




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Adopted Rejected

COMMITTEE REPORT

MR. SPEAKER:

    Your Committee of One, to which was referred Engrossed Senate Bill 609, begs leave to report that said bill has been amended as directed.

________________________________________

Representative ESPICH


RH 060901/DI jh
2005