SB 401-1_ Filed 02/15/2010, 11:17 Thompson
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 401 be amended to read as follows:
SOURCE: Page 16, line 38; (10)MO040102.16. -->
Page 16, after line 38, begin a new paragraph and insert:
SOURCE: IC 20-46-1-7; (10)MO040102.5. -->
"SECTION 5. IC 20-46-1-7, AS AMENDED BY P.L.182-2009(ss),
SECTION 345, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 7. (a) This section applies to a
school corporation that added an amount to the school corporation's
base tax levy before 2002 as the result of the approval of an excessive
tax levy by the majority of individuals voting in a referendum held in
the area served by the school corporation under IC 6-1.1-19-4.5 (before
its repeal).
(b) A school corporation may adopt a resolution before September
21, 2005, to transfer the power of the school corporation to levy the
amount described in subsection (a) from the school corporation's
general fund to the school corporation's fund. A school corporation that
adopts a resolution under this section shall, as soon as practicable after
adopting the resolution, send a certified copy of the resolution to the
department of local government finance and the county auditor. A
school corporation that adopts a resolution under this section may, for
property taxes first due and payable after 2005, levy an additional
amount for the fund that does not exceed the amount of the excessive
tax levy added to the school corporation's base tax levy before 2002.
(c) The power of the school corporation to impose the levy
transferred to the fund under this section expires December 31, 2012,
unless:
(1) the school corporation adopts a resolution to reimpose or
extend the levy; and
(2) the levy is approved, before January 1, 2013, by a majority of
the individuals who vote in a referendum that is conducted in
accordance with the requirements in this chapter.
As soon as practicable after adopting the resolution under subdivision
(1), the school corporation shall send a certified copy of the resolution
to the department of local government finance and the county
auditor. However, if requested by the school corporation in the
resolution adopted under subdivision (1), the question of reimposing
or extending a levy transferred to the fund under this section may be
combined with a question presented to the voters to reimpose or extend
a levy initially imposed after 2001. A levy reimposed or extended
under this subsection shall be treated for all purposes as a levy
reimposed or extended under this chapter.
(d) The school corporation's levy under this section may not be
considered in the determination of the school corporation's state tuition
support distribution under IC 20-43 or the determination of any other
property tax levy imposed by the school corporation.
SOURCE: IC 20-46-1-8; (10)MO040102.6. -->
SECTION 6. IC 20-46-1-8, AS AMENDED BY P.L.146-2008,
SECTION 495, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 8. (a) Subject to this chapter, the
governing body of a school corporation may adopt a resolution to place
a referendum under this chapter on the ballot for either of the following
purposes:
(1) The governing body of the school corporation determines that
it cannot, in a calendar year, carry out its public educational duty
unless it imposes a referendum tax levy under this chapter.
(2) The governing body of the school corporation determines that
a referendum tax levy under this chapter should be imposed to
replace property tax revenue that the school corporation will not
receive because of the application of the credit under
IC 6-1.1-20.6.
(b) The governing body of the school corporation shall certify a
copy of the resolution to the
department of local government finance
and the county fiscal body of each county in which the school
corporation is located.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 401 as printed February 12, 2010.)
________________________________________
MO040102/DI 113 2010