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SOURCE: IC 36-8-15-19; (07)MO043501.2. -->
"SECTION 2. IC 36-8-15-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 19. (a)
This subsection
applies to a county not having a consolidated city. For the purpose of
raising money to fund the operation of the district, the county fiscal
body may impose, for property taxes first due and payable during each
year after the adoption of an ordinance establishing the district, an ad
valorem property tax levy on property within the district. The property
tax rate for
that a levy
for:
(1) a county that:
(A) has a consolidated city; or
(B) has a population of more than one hundred eighty-two
thousand seven hundred ninety (182,790) but less than two
hundred thousand (200,000);
may not exceed five cents ($0.05) on each one hundred dollars
($100) of assessed valuation;
or
(2) a county not described in subdivision (1) may not exceed
one cent ($0.01) on each one hundred dollars ($100) of
assessed valuation.
A property tax rate imposed by a county under this subsection is
subject to the county's levy limitations imposed under
IC 6-1.1-18.5-3.
(b)
This subsection applies to a county having a consolidated city.
The county fiscal body may elect to fund the operation of the district
from part of the certified distribution, if any, that the county is to
receive during a particular calendar year under
IC 6-3.5-1.1-11 or
IC 6-3.5-6-17. To make such an election, the county fiscal body must
adopt an ordinance before September 1 of the immediately preceding
calendar year. The county fiscal body must specify in the ordinance the
amount of the certified distribution that is to be used to fund the
operation of the district. If the county fiscal body adopts such an
ordinance, it shall immediately send a copy of the ordinance to the
county auditor.
(c) Subject to subsections (d), (e), and (f), if an ordinance or
resolution is adopted changing the territory covered by the district or
the number of public agencies served by the district, the local
government tax control board shall, for property taxes first due and
payable during the year after the adoption of the ordinance, adjust the
maximum permissible ad valorem property tax levy limits of
the
district and the units participating in the district.
(d) If a unit by ordinance or resolution joins the district or elects to
have its public safety agencies served by the district, the local
government tax control board shall reduce the maximum permissible
ad valorem property tax levy of the unit for property taxes first due and
payable during the year after the adoption of the ordinance or
resolution. The reduction shall be based on the amount budgeted by the
unit for public safety communication services in the year in which the
ordinance was adopted.
If such an ordinance or resolution is adopted,
the district shall refer its proposed budget, ad valorem property tax
levy, and property tax rate for the following year to the board, which
shall review and set the budget, levy, and rate as though the district
were covered by IC 6-1.1-18.5-7.
(e)
This subsection applies to a unit if
a the unit by ordinance or
resolution withdraws from the district or rescinds its election to have
its public safety agencies served by the district.
the local government
tax control board shall reduce the maximum permissible ad valorem
property tax levy of the district for property taxes first due and payable
during the year after the adoption of the ordinance or resolution. The
reduction shall be based on the amounts being levied by the district
within that unit. If such an ordinance or resolution is adopted, The unit
shall refer its proposed budget, ad valorem property tax levy, and
property tax rate for public safety communication services to the board,
which shall review and set the budget, levy, and rate as though the unit
were covered by IC 6-1.1-18.5-7.
(f) The adjustments provided for in subsections (c), (d), and (e) do
not apply to a district or unit located in a particular county if the county
fiscal body of that county does not impose an ad valorem property tax
levy under subsection (a) to fund the operation of the district.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 435 as printed March 23, 2007.)
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MO043501/DI 92 2007