Indiana 2023 Regular Session

Indiana Senate Bill SB0046 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0046.1
	2	+	March 30, 2023
	3	+	ENGROSSED
	4	+	SENATE BILL No. 46
	5	+	_____
	6	+	DIGEST OF SB 46 (Updated March 29, 2023 5:51 pm - DI 125)
	7	+	Citations Affected: IC 6-1.1.
	8	+	Synopsis: County option circuit breaker tax credit. Authorizes a
	9	+	county fiscal body to adopt an ordinance to provide a credit against
	10	+	property tax liability for qualified individuals. Defines a "qualified
	11	+	individual" for purposes of the credit. Provides that the ordinance may
	12	+	designate: (1) all of the territory of the county; or (2) one or more
	13	+	specific geographic territories within the county; as a neighborhood
	14	+	enhancement district in which qualified individuals may apply for the
	15	+	credit. Provides that the amount of the credit in a particular year is
	16	+	equal to the amount by which an individual's property tax liability
	17	+	(Continued next page)
	18	+	Effective: July 1, 2023.
	19	+	Sandlin, Holdman, Buchanan,
	20	+	Randolph Lonnie M
	21	+	(HOUSE SPONSORS — MCGUIRE, GIAQUINTA, BEHNING, PRYOR)
	22	+	January 9, 2023, read first time and referred to Committee on Tax and Fiscal Policy.
	23	+	January 31, 2023, amended, reported favorably — Do Pass.
	24	+	February 2, 2023, read second time, ordered engrossed. Engrossed.
	25	+	February 6, 2023, read third time, passed. Yeas 49, nays 0.
	26	+	HOUSE ACTION
	27	+	February 28, 2023, read first time and referred to Committee on Ways and Means.
	28	+	March 30, 2023, amended, reported — Do Pass.
	29	+	ES 46—LS 6362/DI 120 Digest Continued
	30	+	increases by more than the percentage of increase specified by the
	31	+	county fiscal body from the prior year. Provides that the credit does not
	32	+	affect the allocation of taxes to a referendum fund. Requires a qualified
	33	+	individual who desires to claim the credit to file a certified statement
	34	+	with the county auditor. Provides that the county auditor shall apply the
	35	+	credit in succeeding years after the certified statement is filed unless
	36	+	the auditor determines that the individual is no longer eligible for the
	37	+	credit or the county fiscal body rescinds the ordinance. Provides a
	38	+	penalty for wrongly receiving the credit that is the same as the penalty
	39	+	for wrongly receiving the homestead standard deduction. Provides that
	40	+	an individual may not receive both a county option circuit breaker tax
	41	+	credit and an over 65 property tax credit in the same year. Provides that
	42	+	an ordinance must specify that the credit does not apply for property
	43	+	taxes first due and payable after December 31, 2027. Sunsets the
	44	+	county option on January 1, 2028.
	45	+	ES 46—LS 6362/DI 120ES 46—LS 6362/DI 120 March 30, 2023
1	46		First Regular Session of the 123rd General Assembly (2023)
2	47		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	48		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	49		additions will appear in this style type, and deletions will appear in this style type.
5	50		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	51		provision adopted), the text of the new provision will appear in this style type. Also, the
7	52		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	53		a new provision to the Indiana Code or the Indiana Constitution.
9	54		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	55		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 46
12		-	AN ACT to amend the Indiana Code concerning taxation.
	56	+	ENGROSSED
	57	+	SENATE BILL No. 46
	58	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	59	+	taxation.
13	60		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 6-1.1-49 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2023]:
17		-	Chapter 49. County Option Circuit Breaker Tax Credit
18		-	Sec. 1. As used in this chapter, "homestead" refers to a
19		-	homestead that has been granted a standard deduction under
20		-	IC 6-1.1-12-37.
21		-	Sec. 2. As used in this chapter, "neighborhood enhancement
	61	+	1 SECTION 1. IC 6-1.1-49 IS ADDED TO THE INDIANA CODE
	62	+	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	63	+	3 JULY 1, 2023]:
	64	+	4 Chapter 49. County Option Circuit Breaker Tax Credit
	65	+	5 Sec. 1. As used in this chapter, "homestead" refers to a
	66	+	6 homestead that has been granted a standard deduction under
	67	+	7 IC 6-1.1-12-37.
	68	+	8 Sec. 2. As used in this chapter, "neighborhood enhancement
	69	+	9 district" refers to a geographic territory designated by a county
	70	+	10 fiscal body and established as a designated area in an ordinance
	71	+	11 adopting a county option circuit breaker tax credit under section
	72	+	12 4 of this chapter.
	73	+	13 Sec. 3. As used in this chapter, "qualified individual" means an
	74	+	14 individual who:
	75	+	15 (1) has received a standard deduction granted under
	76	+	16 IC 6-1.1-12-37 for the individual's homestead property in the
	77	+	17 immediately preceding calendar year (or was married at the
	78	+	ES 46—LS 6362/DI 120 2
	79	+	1 time of death to a deceased spouse who qualified for a
	80	+	2 standard deduction granted under IC 6-1.1-12-37 for the
	81	+	3 individual's homestead property in the immediately preceding
	82	+	4 calendar year);
	83	+	5 (2) is receiving a standard deduction granted under
	84	+	6 IC 6-1.1-12-37 for the same homestead property in the
	85	+	7 current calendar year;
	86	+	8 (3) has lived in the homestead for at least ten (10) years on or
	87	+	9 before December 31 of the calendar year immediately
	88	+	10 preceding the current calendar year;
	89	+	11 (4) is fifty-five (55) years of age or older on or before
	90	+	12 December 31 of the calendar year preceding the year in which
	91	+	13 the credit is claimed; and
	92	+	14 (5) had:
	93	+	15 (A) in the case of an individual who filed a single return,
	94	+	16 adjusted gross income (as defined in Section 62 of the
	95	+	17 Internal Revenue Code) not exceeding the amount
	96	+	18 specified in the ordinance adopted by the county under
	97	+	19 section 4(c)(2) of this chapter; or
	98	+	20 (B) in the case of an individual who filed a joint income tax
	99	+	21 return with the individual's spouse, combined adjusted
	100	+	22 gross income (as defined in Section 62 of the Internal
	101	+	23 Revenue Code) not exceeding the amount specified in the
	102	+	24 ordinance adopted by the county under section 4(c)(2) of
	103	+	25 this chapter;
	104	+	26 for the calendar year preceding by two (2) years the calendar
	105	+	27 year in which property taxes are first due and payable.
	106	+	28 Sec. 4. (a) Subject to subsection (h), a county fiscal body may
	107	+	29 adopt an ordinance to provide a credit against a qualified
	108	+	30 individual's property tax liability as set forth in this chapter.
	109	+	31 (b) An ordinance adopted under this section may designate a
	110	+	32 neighborhood enhancement district. A neighborhood enhancement
	111	+	33 district may include:
	112	+	34 (1) all of the territory of the county; or
	113	+	35 (2) one (1) or more specific geographic territories within the
	114	+	36 county;
	115	+	37 as an area in which qualified individuals may apply for the credit.
	116	+	38 (c) Subject to subsection (h), an ordinance adopted under this
	117	+	39 section must:
	118	+	40 (1) include a boundary description of the neighborhood
	119	+	41 enhancement district or districts to which the ordinance
	120	+	42 applies;
	121	+	ES 46—LS 6362/DI 120 3
	122	+	1 (2) specify the income thresholds for a qualified individual
	123	+	2 under section 3(5)(A) and 3(5)(B) of this chapter, if any; and
	124	+	3 (3) specify the percentage of increase on a qualified
	125	+	4 individual's property tax liability in a particular year
	126	+	5 compared to the prior year that is to be used in determining
	127	+	6 the amount of the county option circuit breaker tax credit
	128	+	7 calculated under section 7(2)(B) of this chapter. The
	129	+	8 percentage must be at least two percent (2%) but not more
	130	+	9 than five percent (5%).
	131	+	10 The boundary description required under subdivision (1) must be
	132	+	11 sufficient to identify the parcel or parcels to which the credit may
	133	+	12 be applied, including identification by taxing district, a parcel list,
	134	+	13 or a legal description.
	135	+	14 (d) If a proposal is presented to the county fiscal body to adopt
	136	+	15 an ordinance under this section, the county fiscal body shall hear
	137	+	16 the proposal at a public meeting of the county fiscal body and may
	138	+	17 then vote to adopt the ordinance at the next meeting of the county
	139	+	18 fiscal body.
	140	+	19 (e) The county fiscal body may rescind an ordinance adopted
	141	+	20 under this section.
	142	+	21 (f) An ordinance adopted under this section is effective January
	143	+	22 1 of the year following the year in which the ordinance is adopted.
	144	+	23 (g) An ordinance adopted under this section must specify that
	145	+	24 the credit does not apply for property taxes first due and payable
	146	+	25 after December 31, 2027.
	147	+	26 (h) A county fiscal body shall prescribe the same income
	148	+	27 thresholds, credit amounts, and any other requirements related to
	149	+	28 eligibility for each neighborhood enhancement district designated
	150	+	29 in the county.
	151	+	30 Sec. 5. If a county fiscal body adopts an ordinance to either
	152	+	31 provide the credit under this chapter or rescind an ordinance
	153	+	32 previously adopted, the county fiscal body shall, not later than
	154	+	33 fifteen (15) days after the adoption of the ordinance, give notice of
	155	+	34 the adoption of the ordinance to:
	156	+	35 (1) the department of local government finance on the form
	157	+	36 and in the manner prescribed by the department of local
	158	+	37 government finance;
	159	+	38 (2) the county auditor; and
	160	+	39 (3) the fiscal officer of each taxing unit within the
	161	+	40 neighborhood enhancement district or districts to which the
	162	+	41 ordinance applies;
	163	+	42 including a certified copy of the adopted ordinance.
	164	+	ES 46—LS 6362/DI 120 4
	165	+	1 Sec. 6. (a) A qualified individual who desires to claim the credit
	166	+	2 under this chapter must apply for the credit by filing a certified
	167	+	3 statement on forms prescribed by the department of local
	168	+	4 government finance with the county auditor. However, a qualified
	169	+	5 individual who remains eligible for the credit in the following year
	170	+	6 is not required to file a statement to apply for the credit in the
	171	+	7 following year.
	172	+	8 (b) An individual who has a credit provided under this chapter
	173	+	9 applied to the individual's property tax liability in a particular
	174	+	10 calendar year may not also have a credit under IC 6-1.1-20.6-8.5
	175	+	11 applied to the individual's property tax liability in the same
	176	+	12 calendar year.
	177	+	13 (c) Not more than one (1) credit may be claimed under this
	178	+	14 chapter with respect to a particular homestead by any qualified
	179	+	15 individual.
	180	+	16 Sec. 7. The amount of the credit under this chapter is equal to
	181	+	17 the greater of zero (0) or the result of:
	182	+	18 (1) the property tax liability first due and payable on the
	183	+	19 qualified individual's homestead property for the calendar
	184	+	20 year (excluding any property tax liability imposed in a voter
	185	+	21 approved referendum levy); minus
	186	+	22 (2) the result of:
	187	+	23 (A) the property tax liability first due and payable on the
	188	+	24 qualified individual's homestead property for the
	189	+	25 immediately preceding year after the application of the
	190	+	26 credit granted under this section for that year (excluding
	191	+	27 any property tax liability imposed in a voter approved
	192	+	28 referendum levy); multiplied by
	193	+	29 (B) the sum of:
	194	+	30 (i) the percentage adopted in an ordinance under section
	195	+	31 4(c)(3) of this chapter, expressed as a decimal; plus
	196	+	32 (ii) one (1).
	197	+	33 However, the credit provided by this chapter shall not apply to any
	198	+	34 portion of property tax liability imposed on a qualified individual's
	199	+	35 homestead property that is used for trade or business purposes in
	200	+	36 connection with the production of income. In addition, the credit
	201	+	37 does not affect the allocation of taxes to a referendum fund.
	202	+	38 Sec. 8. If the ownership of a homestead for which a qualified
	203	+	39 individual received a credit under this chapter changes, and the
	204	+	40 qualified individual no longer owns or principally resides in the
	205	+	41 homestead, the county auditor shall remove the designation of the
	206	+	42 individual as a qualified individual with respect to that homestead.
	207	+	ES 46—LS 6362/DI 120 5
	208	+	1 Sec. 9. The auditor of each county shall, in a particular year,
	209	+	2 apply a credit provided under this chapter to each qualified
	210	+	3 individual who received the credit in the preceding year unless the
	211	+	4 county auditor determines that the individual is no longer eligible
	212	+	5 for the credit or the county fiscal body rescinds the ordinance that
	213	+	6 provided the credit.
	214	+	7 Sec. 10. (a) If an individual who is receiving the credit provided
	215	+	8 by this chapter:
	216	+	9 (1) knows or should have known that the individual does not
	217	+	10 qualify for the credit under this chapter; or
	218	+	11 (2) changes the use of the individual's property so that part or
	219	+	12 all of the property no longer qualifies for the credit under this
	220	+	13 chapter;
	221	+	14 the individual must file a certified statement with the county
	222	+	15 auditor, notifying the county auditor that subdivision (1) or (2)
	223	+	16 applies, not more than sixty (60) days after the date subdivision (1)
	224	+	17 or (2) first applies.
	225	+	18 (b) An individual who fails to file the statement required by this
	226	+	19 section is liable for any additional taxes that would have been due
	227	+	20 on the property if the individual had filed the statement as
	228	+	21 required by this section, plus a civil penalty equal to ten percent
	229	+	22 (10%) of the additional taxes due. The additional taxes owed plus
	230	+	23 the civil penalty become part of the property tax liability for
	231	+	24 purposes of this article.
	232	+	25 (c) The civil penalty imposed under this section is in addition to
	233	+	26 any interest and penalties for a delinquent payment that might
	234	+	27 otherwise be due. One percent (1%) of the total civil penalty
	235	+	28 collected under this section shall be transferred by the county to
	236	+	29 the department of local government finance for use by the
	237	+	30 department in establishing and maintaining the homestead
	238	+	31 property data base under IC 6-1.1-12-37(i) and, to the extent there
	239	+	32 is money remaining, for any other purposes of the department.
	240	+	33 Sec. 11. This chapter expires January 1, 2028.
	241	+	ES 46—LS 6362/DI 120 6
	242	+	COMMITTEE REPORT
	243	+	Madam President: The Senate Committee on Tax and Fiscal Policy,
	244	+	to which was referred Senate Bill No. 46, has had the same under
	245	+	consideration and begs leave to report the same back to the Senate with
	246	+	the recommendation that said bill be AMENDED as follows:
	247	+	Page 2, line 3, delete "three (3) years" and insert "ten (10) years".
	248	+	Page 2, line 5, delete "and".
	249	+	Page 2, between lines 5 and 6, begin a new line block indented and
	250	+	insert:
	251	+	"(4) is fifty-five (55) years of age or older on or before
	252	+	December 31 of the calendar year preceding the year in which
	253	+	the credit is claimed; and".
	254	+	Page 2, line 6, delete "(4)" and insert "(5)".
	255	+	Page 2, line 30, delete "and".
	256	+	Page 2, line 32, delete "2(4)(A) and 2(4)(B)" and insert "2(5)(A)
	257	+	and 2(5)(B)".
	258	+	Page 2, line 32, delete "." and insert "; and".
	259	+	Page 2, between lines 32 and 33, begin a new line block indented
	260	+	and insert:
	261	+	"(3) specify the amount of the credit to be claimed under
	262	+	section 6(2)(B) of this chapter. The credit percentage must be
	263	+	at least two percent (2%) but not more than five percent
	264	+	(5%).".
	265	+	Page 3, line 31, delete "one and two-hundredths (1.02)." and insert
	266	+	"the credit percentage adopted in an ordinance under section
	267	+	3(c)(3) of this chapter.".
	268	+	and when so amended that said bill do pass.
	269	+	(Reference is to SB 46 as introduced.)
	270	+	HOLDMAN, Chairperson
	271	+	Committee Vote: Yeas 13, Nays 0.
	272	+	ES 46—LS 6362/DI 120 7
	273	+	COMMITTEE REPORT
	274	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	275	+	referred Senate Bill 46, has had the same under consideration and begs
	276	+	leave to report the same back to the House with the recommendation
	277	+	that said bill be amended as follows:
	278	+	Page 1, between lines 7 and 8, begin a new paragraph and insert:
	279	+	"Sec. 2. As used in this chapter, "neighborhood enhancement
22	280		district" refers to a geographic territory designated by a county
23	281		fiscal body and established as a designated area in an ordinance
24	282		adopting a county option circuit breaker tax credit under section
25		-	4 of this chapter.
26		-	Sec. 3. As used in this chapter, "qualified individual" means an
27		-	individual who:
28		-	(1) has received a standard deduction granted under
29		-	IC 6-1.1-12-37 for the individual's homestead property in the
30		-	immediately preceding calendar year (or was married at the
31		-	time of death to a deceased spouse who qualified for a
32		-	standard deduction granted under IC 6-1.1-12-37 for the
33		-	individual's homestead property in the immediately preceding
34		-	calendar year);
35		-	(2) is receiving a standard deduction granted under
36		-	SEA 46 — Concur 2
37		-	IC 6-1.1-12-37 for the same homestead property in the
38		-	current calendar year;
39		-	(3) has lived in the homestead for at least ten (10) years on or
40		-	before December 31 of the calendar year immediately
41		-	preceding the current calendar year;
42		-	(4) is fifty-five (55) years of age or older on or before
43		-	December 31 of the calendar year preceding the year in which
44		-	the credit is claimed; and
45		-	(5) had:
46		-	(A) in the case of an individual who filed a single return,
47		-	adjusted gross income (as defined in Section 62 of the
48		-	Internal Revenue Code) not exceeding the amount
49		-	specified in the ordinance adopted by the county under
50		-	section 4(c)(2) of this chapter; or
51		-	(B) in the case of an individual who filed a joint income tax
52		-	return with the individual's spouse, combined adjusted
53		-	gross income (as defined in Section 62 of the Internal
54		-	Revenue Code) not exceeding the amount specified in the
55		-	ordinance adopted by the county under section 4(c)(2) of
56		-	this chapter;
57		-	for the calendar year preceding by two (2) years the calendar
58		-	year in which property taxes are first due and payable.
59		-	Sec. 4. (a) Subject to subsection (h), a county fiscal body may
60		-	adopt an ordinance to provide a credit against a qualified
61		-	individual's property tax liability as set forth in this chapter.
62		-	(b) An ordinance adopted under this section may designate a
	283	+	4 of this chapter.".
	284	+	Page 1, line 8, delete "2." and insert "3.".
	285	+	Page 1, line 10, delete "qualified for" and insert "has received".
	286	+	Page 1, line 17, delete "qualifies for" and insert "is receiving".
	287	+	Page 2, line 14, delete "3(c)(2)" and insert "4(c)(2)".
	288	+	Page 2, line 19, delete "3(c)(2)" and insert "4(c)(2)".
	289	+	Page 2, line 23, delete "3. (a) A" and insert "4. (a) Subject to
	290	+	subsection (h), a".
	291	+	Page 2, line 26, delete "designate:" and insert "designate a
63	292		neighborhood enhancement district. A neighborhood enhancement
64		-	district may include:
65		-	(1) all of the territory of the county; or
66		-	(2) one (1) or more specific geographic territories within the
67		-	county;
68		-	as an area in which qualified individuals may apply for the credit.
69		-	(c) Subject to subsection (h), an ordinance adopted under this
70		-	section must:
71		-	(1) include a boundary description of the neighborhood
72		-	enhancement district or districts to which the ordinance
73		-	applies;
74		-	(2) specify the income thresholds for a qualified individual
75		-	under section 3(5)(A) and 3(5)(B) of this chapter, if any; and
76		-	(3) specify the percentage of increase on a qualified
77		-	individual's property tax liability in a particular year
78		-	compared to the prior year that is to be used in determining
79		-	SEA 46 — Concur 3
80		-	the amount of the county option circuit breaker tax credit
81		-	calculated under section 7(2)(B) of this chapter. The
82		-	percentage must be at least two percent (2%) but not more
83		-	than five percent (5%).
84		-	The boundary description required under subdivision (1) must be
	293	+	district may include:".
	294	+	Page 2, line 31, delete "An" and insert "Subject to subsection (h),
	295	+	an".
	296	+	Page 2, line 32, delete "geographic area or" and insert
	297	+	"neighborhood enhancement district or districts".
	298	+	Page 2, line 33, delete "areas".
	299	+	Page 2, line 35, delete "2(5)(A) and 2(5)(B)" and insert "3(5)(A)
	300	+	and 3(5)(B)".
	301	+	Page 2, line 36, delete "amount of the credit to be claimed under"
	302	+	and insert "percentage of increase on a qualified individual's
	303	+	property tax liability in a particular year compared to the prior
	304	+	year that is to be used in determining the amount of the county
	305	+	option circuit breaker tax credit calculated under section 7(2)(B)
	306	+	of this chapter.".
	307	+	Page 2, line 37, delete "section 6(2)(B) of this chapter.".
	308	+	Page 2, line 37, delete "credit".
	309	+	Page 2, between lines 39 and 40, begin a new line blocked left and
	310	+	insert:
	311	+	"The boundary description required under subdivision (1) must be
85	312		sufficient to identify the parcel or parcels to which the credit may
86	313		be applied, including identification by taxing district, a parcel list,
87		-	or a legal description.
88		-	(d) If a proposal is presented to the county fiscal body to adopt
89		-	an ordinance under this section, the county fiscal body shall hear
90		-	the proposal at a public meeting of the county fiscal body and may
91		-	then vote to adopt the ordinance at the next meeting of the county
92		-	fiscal body.
93		-	(e) The county fiscal body may rescind an ordinance adopted
94		-	under this section.
95		-	(f) An ordinance adopted under this section is effective January
96		-	1 of the year following the year in which the ordinance is adopted.
97		-	(g) An ordinance adopted under this section must specify that
	314	+	ES 46—LS 6362/DI 120 8
	315	+	or a legal description.".
	316	+	Page 3, between lines 6 and 7, begin a new paragraph and insert:
	317	+	"(g) An ordinance adopted under this section must specify that
98	318		the credit does not apply for property taxes first due and payable
99	319		after December 31, 2027.
100	320		(h) A county fiscal body shall prescribe the same income
101	321		thresholds, credit amounts, and any other requirements related to
102	322		eligibility for each neighborhood enhancement district designated
103		-	in the county.
104		-	Sec. 5. If a county fiscal body adopts an ordinance to either
105		-	provide the credit under this chapter or rescind an ordinance
106		-	previously adopted, the county fiscal body shall, not later than
107		-	fifteen (15) days after the adoption of the ordinance, give notice of
108		-	the adoption of the ordinance to:
109		-	(1) the department of local government finance on the form
110		-	and in the manner prescribed by the department of local
111		-	government finance;
112		-	(2) the county auditor; and
113		-	(3) the fiscal officer of each taxing unit within the
114		-	neighborhood enhancement district or districts to which the
115		-	ordinance applies;
116		-	including a certified copy of the adopted ordinance.
117		-	Sec. 6. (a) A qualified individual who desires to claim the credit
118		-	under this chapter must apply for the credit by filing a certified
119		-	statement on forms prescribed by the department of local
120		-	government finance with the county auditor. However, a qualified
121		-	individual who remains eligible for the credit in the following year
122		-	SEA 46 — Concur 4
123		-	is not required to file a statement to apply for the credit in the
124		-	following year.
125		-	(b) An individual who has a credit provided under this chapter
	323	+	in the county.".
	324	+	Page 3, line 7, delete "4." and insert "5.".
	325	+	Page 3, line 9, after "shall" insert ", not later than fifteen (15) days
	326	+	after the adoption of the ordinance,".
	327	+	Page 3, line 15, delete "geographic" and insert "neighborhood
	328	+	enhancement district or districts".
	329	+	Page 3, line 16, delete "area or areas".
	330	+	Page 3, line 18, delete "5." and insert "6. (a)".
	331	+	Page 3, between lines 24 and 25, begin a new paragraph and insert:
	332	+	"(b) An individual who has a credit provided under this chapter
126	333		applied to the individual's property tax liability in a particular
127	334		calendar year may not also have a credit under IC 6-1.1-20.6-8.5
128	335		applied to the individual's property tax liability in the same
129	336		calendar year.
130	337		(c) Not more than one (1) credit may be claimed under this
131	338		chapter with respect to a particular homestead by any qualified
132		-	individual.
133		-	Sec. 7. The amount of the credit under this chapter is equal to
134		-	the greater of zero (0) or the result of:
135		-	(1) the property tax liability first due and payable on the
136		-	qualified individual's homestead property for the calendar
137		-	year (excluding any property tax liability imposed in a voter
138		-	approved referendum levy); minus
139		-	(2) the result of:
140		-	(A) the property tax liability first due and payable on the
141		-	qualified individual's homestead property for the
142		-	immediately preceding year after the application of the
143		-	credit granted under this section for that year (excluding
144		-	any property tax liability imposed in a voter approved
145		-	referendum levy); multiplied by
146		-	(B) the sum of:
147		-	(i) the percentage adopted in an ordinance under section
148		-	4(c)(3) of this chapter, expressed as a decimal; plus
149		-	(ii) one (1).
150		-	However, the credit provided by this chapter shall not apply to any
151		-	portion of property tax liability imposed on a qualified individual's
152		-	homestead property that is used for trade or business purposes in
153		-	connection with the production of income. In addition, the credit
154		-	does not affect the allocation of taxes to a referendum fund.
155		-	Sec. 8. If the ownership of a homestead for which a qualified
	339	+	individual.".
	340	+	Page 3, line 25, delete "6." and insert "7.".
	341	+	Page 3, line 38, delete "credit percentage" and insert "sum of:
	342	+	(i) the percentage".
	343	+	Page 3, line 39, delete "3(c)(3) of this chapter." and insert "4(c)(3)
	344	+	of this chapter, expressed as a decimal; plus
	345	+	(ii) one (1).".
	346	+	Page 4, between lines 2 and 3, begin a new paragraph and insert:
	347	+	"Sec. 8. If the ownership of a homestead for which a qualified
156	348		individual received a credit under this chapter changes, and the
157	349		qualified individual no longer owns or principally resides in the
158	350		homestead, the county auditor shall remove the designation of the
159		-	individual as a qualified individual with respect to that homestead.
160		-	Sec. 9. The auditor of each county shall, in a particular year,
161		-	apply a credit provided under this chapter to each qualified
162		-	individual who received the credit in the preceding year unless the
163		-	county auditor determines that the individual is no longer eligible
164		-	for the credit or the county fiscal body rescinds the ordinance that
165		-	SEA 46 — Concur 5
166		-	provided the credit.
167		-	Sec. 10. (a) If an individual who is receiving the credit provided
168		-	by this chapter:
169		-	(1) knows or should have known that the individual does not
170		-	qualify for the credit under this chapter; or
171		-	(2) changes the use of the individual's property so that part or
172		-	all of the property no longer qualifies for the credit under this
173		-	chapter;
174		-	the individual must file a certified statement with the county
175		-	auditor, notifying the county auditor that subdivision (1) or (2)
176		-	applies, not more than sixty (60) days after the date subdivision (1)
177		-	or (2) first applies.
178		-	(b) An individual who fails to file the statement required by this
179		-	section is liable for any additional taxes that would have been due
180		-	on the property if the individual had filed the statement as
181		-	required by this section, plus a civil penalty equal to ten percent
182		-	(10%) of the additional taxes due. The additional taxes owed plus
183		-	the civil penalty become part of the property tax liability for
184		-	purposes of this article.
185		-	(c) The civil penalty imposed under this section is in addition to
186		-	any interest and penalties for a delinquent payment that might
187		-	otherwise be due. One percent (1%) of the total civil penalty
188		-	collected under this section shall be transferred by the county to
189		-	the department of local government finance for use by the
190		-	department in establishing and maintaining the homestead
191		-	property data base under IC 6-1.1-12-37(i) and, to the extent there
192		-	is money remaining, for any other purposes of the department.
193		-	Sec. 11. This chapter expires January 1, 2028.
194		-	SEA 46 — Concur President of the Senate
195		-	President Pro Tempore
196		-	Speaker of the House of Representatives
197		-	Governor of the State of Indiana
198		-	Date: Time:
199		-	SEA 46 — Concur
	351	+	individual as a qualified individual with respect to that
	352	+	homestead.".
	353	+	Page 4, line 3, delete "7." and insert "9.".
	354	+	Page 4, line 9, delete "8." and insert "10.".
	355	+	Page 4, after line 34, begin a new paragraph and insert:
	356	+	ES 46—LS 6362/DI 120 9
	357	+	"Sec. 11. This chapter expires January 1, 2028.".
	358	+	and when so amended that said bill do pass.
	359	+	(Reference is to SB 46 as printed February 1, 2023.)
	360	+	THOMPSON
	361	+	Committee Vote: yeas 21, nays 1.
	362	+	ES 46—LS 6362/DI 120