HB 1001-7_ Filed 02/28/2006, 10:08 Breaux
Adopted 2/28/2006

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1001 be amended to read as follows:

SOURCE: Page 216, line 23; (06)MO100143.216. -->     Page 216, between lines 23 and 24, begin a new paragraph and insert:
SOURCE: ; (06)MO100143.100. -->     "SECTION 100. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "board" refers to the county property tax assessment board of appeals.
    (b) This SECTION applies to an organization that:
        (1) is located in a county containing a consolidated city;
        (2) is dedicated to nurturing and celebration of the arts and culture from an African-American perspective and provides a forum for arts and cultural programming directed toward cross-cultural appreciation;
        (3) filed an application under IC 6-1.1-11 for exemption from property taxes on the organization's property first due and payable in 2005, which was denied by the board because the organization failed to attend the board's hearing on the exemption application; and
        (4) filed an application under IC 6-1.1-11 for exemption from property taxes on the organization's property first due and payable in 2006, which was approved by the board.
    (c) An organization described in subsection (b)
is entitled to exemption from property taxes on the organization's property first due and payable in 2005 in the same percentage approved by the board with respect to the organization's exemption application described in subsection (b)(4).
    (d) The organization entitled to an exemption under subsection (c) may file a claim under IC 6-1.1-26-1 before July 1, 2006, with the county auditor for a refund for any payment of property taxes first due and payable in 2005, including any paid interest and penalties, with respect to the exempt property.
    (e) Upon receiving a claim for a refund filed under subsection

(d), the county auditor shall determine whether the claim is correct. If the county auditor determines that the claim is correct, the auditor shall, without an appropriation being required, issue a warrant to the claimant payable from the county general fund for the amount of the refund due the claimant. No interest is payable on the refund.
    (f) This SECTION expires January 1, 2007.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1001 as printed February 24, 2006.)

________________________________________

Senator BREAUX


MO100143/DI 52
2006