HB 1072-6_ Filed 02/27/2012, 10:53 Gard

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1072 be amended to read as follows:

SOURCE: Page 17, line 42; (12)MO107212.17. -->     Page 17, line 42, after "20" insert " or 20.3".
    Page 23, line 14, after "(2)" insert " a public library or".
    Page 23, line 40, after "chapter." insert " to the county fiscal body in the manner prescribed by the department of local government finance before September 2 of a year.".
    Page 24, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 6-1.1-17-20.3; (12)MO107212.26. -->     "SECTION 26. IC 6-1.1-17-20.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 20.3. (a) This section applies only to the governing body of a public library that:
        (1) is not comprised of a majority of officials who are elected to serve on the governing body; and
        (2) has a percentage increase in the proposed budget for the taxing unit for the ensuing calendar year that is more than the result of:
            (A) the assessed value growth quotient determined under IC 6-1.1-18.5-2 for the ensuing calendar year; minus
            (B) one (1).
For purposes of this section, an individual who qualifies to be appointed to a governing body or serves on a governing body because of the individual's status as an elected official of another taxing unit shall be treated as an official who was not elected to serve on the governing body.
    (b) This section does not apply to an entity whose tax levies are subject to review and modification by a city-county legislative body under IC 36-3-6-9.
    (c) If:
        (1) the assessed valuation of a public library is entirely contained within a city or town; or
        (2) the assessed valuation of a public library is not entirely

contained within a city or town but the public library was originally established by the city or town;
the governing body shall submit its proposed budget and property tax levy to the city or town fiscal body in the manner prescribed by the department of local government finance before September 2 of a year. However, the governing body shall submit its proposed budget and property tax levy to the county fiscal body in the manner provided in subsection (d), rather than to the city or town fiscal body, if more than fifty percent (50%) of the parcels of real property within the jurisdiction of the public library are located outside the city or town.
    (d) If subsection (c) does not apply, the governing body of the public library shall submit its proposed budget and property tax levy to the county fiscal body in the county where the public library has the most assessed valuation. The proposed budget and levy shall be submitted to the county fiscal body in the manner prescribed by the department of local government finance before September 2 of a year.
    (e) The fiscal body of the city, town, or county (whichever applies) shall review each budget and proposed tax levy and adopt a final budget and tax levy for the public library. The fiscal body may reduce or modify but not increase the proposed budget or tax levy.
    (f) If a public library fails to file the information required in subsection (c) or (d), whichever applies, with the appropriate fiscal body by the time prescribed by this section, the most recent annual appropriations and annual tax levy of that public library are continued for the ensuing budget year.
    (g) If the appropriate fiscal body fails to complete the requirements of subsection (e) before the adoption deadline in section 5 of this chapter for any public library subject to this section, the most recent annual appropriations and annual tax levy of the city, town, or county, whichever applies, are continued for the ensuing budget year.
".

SOURCE: Page 25, line 38; (12)MO107212.25. -->     Page 25, between lines 38 and 39, begin a new paragraph and insert:
    " (k) This subsection applies to a public library that:
        (1) is required to submit the public library's budgets, tax rates, and tax levies for nonbinding review under IC 6-1.1-17-3.5; and
        (2) is not required to submit the public library's budgets, tax rates, and tax levies for binding review and approval under IC 6-1.1-17-20.
If a public library subject to this subsection proposes to make an additional appropriation for a year, and the additional appropriation would result in the budget for the library for that year increasing (as compared to the previous year) by a percentage that is greater than the result of the assessed value growth quotient

determined under IC 6-1.1-18.5-2 for the calendar year minus one (1), the additional appropriation must first be approved by the city, town, or county fiscal body described in IC 6-1.1-17-20.3(c) or IC 6-1.1-17-20(d), as appropriate.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1072 as printed February 24, 2012.)

________________________________________

Senator GARD


MO107212/DI 73
2012