SB 208-1_ Filed 01/25/2008, 09:25 Tallian
Adopted 1/28/2008

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 208 be amended to read as follows:

SOURCE: Page 2, line 30; (08)MO020802.2. -->     Page 2, between lines 30 and 31, begin a new line double block indented and insert:
            " However, this clause applies only if the county fiscal body has adopted an ordinance under this section to allow taxpayers to pay property taxes by automatic deductions from a checking account.".
    Page 2, line 33, after "plan." insert " However, this clause applies only if the county fiscal body has adopted an ordinance under this section to allow taxpayers to pay property taxes by monthly installment payments under a monthly installment plan.".     Page 2, between lines 33 and 34, begin a new line blocked left and insert:
" An ordinance adopted under subsection (e) may include a provision authorizing taxpayers to make monthly deductions or monthly installment payments in an amount determined by the taxpayer that is different from the amount otherwise determined by the county treasurer under subsection (h), (i), (j), or (k).".
    Page 2, line 34, after "(e)" delete "," and insert " to allow taxpayers to pay property taxes by automatic deductions from a checking account,".
    Page 3, line 7, delete "under IC 6-1.1-37-10.3".
    Page 4, line 13, delete "Notwithstanding this".
    Page 4, delete lines 14 through 20.
    Page 5, line 2, delete "IC 6-1.1-37-10.3 and IC 6-1.1-37-10.4" and insert " IC 6-1.1-37-10 as specified in this section".
    Page 5, line 3, after "account" insert " or by monthly installment payments under a monthly installment plan".
    Page 5, line 15, delete "under" and insert " .".
    Page 5, delete line 16.
    Page 5, line 22, delete "that the excess" and insert " the deficiency".
    Page 5, between lines 41 and 42, begin a new paragraph and insert:
    " (q) The following apply to a taxpayer that makes automatic monthly deductions or monthly installments under this section:
        (1) If a taxpayer makes automatic monthly deductions or monthly installments of property taxes in the amount determined by the county treasurer under subsection (h), (i), (j), or (k), the taxpayer's property tax payments shall not be considered delinquent for purposes of IC 6-1.1-37-10 and the taxpayer is not subject to penalties under that section.

         (2) If a taxpayer:
            (A) makes automatic monthly deductions or monthly installments of property taxes in an amount that is less than the amount determined by the county treasurer under subsection (h), (i), (j), or (k); and
            (B) the total amount of property taxes paid by the taxpayer under automatic monthly deductions, monthly installments, or any other method by the May or November due date is less than the amount determined by the county treasurer under subsection (h), (i), (j), or (k) that should have been paid by the taxpayer for the May or November due date;
        the penalty provisions of IC 6-1.1-37-10 apply to the delinquent property taxes.
".
    Page 5, line 42, delete "(q)" and insert " (r)".
    Page 5, line 42, after "to" insert " any amounts due under".
    Page 6, line 1, delete "in the same manner that IC 6-1.1-37-10" and insert " that are not paid within thirty (30) days after the date of the reconciling statement, as required under subsection (n)(3).".
    Page 6, delete line 2.
    Page 6, line 3, delete "(r)" and insert " (s)".
    Page 6, delete lines 36 through 42.
    Delete pages 7 through 11.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 208 as printed January 17, 2008.)

________________________________________

Senator TALLIAN


MO020802/DI 73
2008