LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6559 NOTE PREPARED: Mar 1, 2024 BILL NUMBER: HB 1120 BILL AMENDED: Feb 27, 2024 SUBJECT: Property Taxes. FIRST AUTHOR: Rep. Thompson BILL STATUS: 2 nd Reading - 2 nd House FIRST SPONSOR: Sen. Holdman FUNDS AFFECTED:XGENERAL IMPACT: State & Local DEDICATED FEDERAL Summary of Legislation: Veteran’s Deduction: This bill increases the assessed value (AV) limit for the disabled veteran property tax deduction from $200,000 to $240,000. Deduction Filing: The bill allows that, for purposes of various property tax deductions, an individual has until January 15 of a calendar year in which property taxes are first due and payable to complete, date, and file the required certified statement with the county auditor. Controlled Projects: This bill extends through 2025 the expiration of the threshold amounts used for determining whether a political subdivision's project is a controlled project and whether the petition and remonstrance process or the referendum process applies based on the political subdivision's total debt service tax rate. It specifies that a political subdivision's total debt service tax rate does not include a tax rate approved by voters for a referendum debt service tax levy. MLGQ: The bill extends through 2026 the calculation to be used in determining the maximum levy growth quotient (MLGQ) as added in the 2023 session in House Bill 1499. Curricular Materials: This bill provides that distributions for curricular materials may not be considered for purposes of determining whether a school corporation met the requirement to expend a minimum amount of state tuition support for teacher compensation. It repeals the requirement that each school maintained by a school corporation and each charter school establish a curricular materials account. The bill also requires a public school to deposit distributions for curricular materials in: (1) the education fund of the school corporation that maintains the school; or (2) the fund in which a charter school receives state tuition support. HB 1120 1 Redevelopment Commissions: The bill adds a provision to allow a redevelopment commission to expend revenues from its allocation fund that are allocated for police and fire services on both capital expenditures and operating expenses as authorized in the 2023 session in House Bill 1454. Township Firefighting/EMS: This bill provides that, if a township transitions from a single township firefighting and emergency services fund to two separate funds as authorized under current law, the township legislative body must approve a transfer of the remaining cash balance from the single fund to the two new separate funds and determine the amounts attributable to each fund. Task Force: The bill requires the State and Local Tax Review Task Force established in the 2023 session in Senate Bill 3 to study the following topics: (1) Changing the qualification requirements for a civil taxing unit to be eligible for a levy increase in excess of limitations. (2) Requiring certain projects of a political subdivision to be subject to: (A) the petition and remonstrance process if the political subdivision's total debt service tax rate is more than $0.40 per $100 dollars of AV, but less than $0.80 per $100 of AV; or (B) the referendum process if the political subdivision's total debt service tax rate is at least $0.80 per $100 of AV. (3) Capping the total amount of operating referendum tax that may be levied by a school corporation. The bill also makes technical corrections and conforming changes. Effective Date: Upon passage; January 1, 2023 (retroactive); January 1, 2024 (retroactive); July 1, 2024; January 1, 2025. Explanation of State Expenditures: Task Force: The State and Local Tax Review Task Force must meet at least four times in CY 2024. There would be no additional expense if the task force studies the additional topics during the remaining planned meetings. However, if the task force holds additional meeting(s) to study the additional topics, then there will be extra expenses for the members who receive per diem, mileage, and other travel reimbursements. Explanation of State Revenues: Explanation of Local Expenditures: Redevelopment Commissions: Under current law, redevelopment commissions are permitted to expend revenues from a TIF district that are allocated for police and fire services on both capital expenditures and operating expenses. This provision specifies that the expenditures may be made from the allocation fund. Curricular Materials: This provision requires public schools to deposit amounts currently in the curricular materials account and distributions for curricular materials in the education fund (and in the case of a charter school that does not have an education fund, the fund in which state tuition support distributions are placed) rather than the curricular materials account. However, the bill specifies that amounts received from curricular materials can still only be used to pay for the cost of curricular materials. (Revised) Controlled Projects: This provision could have an indeterminable impact on local units' expenditures and related debt service property tax levies. In addition to the projects that would currently qualify as controlled projects and projects that currently must go through the referendum process, additional projects could become controlled projects and be subject to referendum. HB 1120 2 Under current law, the project cost and the unit’s gross AV determine whether the project will be controlled and whether it must go through the referendum process. Also under current law, through December 31, 2024, a project is considered a controlled project for a taxing unit that has a total debt service tax rate that exceeds $0.40, and if the total debt service tax rate is at least $0.80 then the unit must hold a referendum. (Under previous law, the unit must hold a referendum only if [1] the referendum threshold is met, and [2] there are sufficient signatures on a petition requesting the referendum.) This provision extends the tax rate thresholds through 2025. Additionally, retroactive to January 1, 2024, the thresholds are changed to exclude debt service rates imposed as a result of a referendum. Therefore, this provision will make any project a controlled project for a taxing unit that has a non-referendum debt service tax rate that exceeds $0.40. Also, if the non-referendum debt service tax rate is at least $0.80, then the unit must hold a referendum. Since the uncontrolled project, petition and remonstrance, and referendum processes all have different levels of public vetting, this bill could affect the likelihood that some projects ultimately get approved. Taxes levied for projects that go through the petition and remonstrance process are subject to tax caps and could potentially increase tax cap losses, while the taxes levied for referendum projects do not impact tax cap losses. Of the 290 school corporations, 148 corporations had a 2024 non-referendum debt service tax rate that exceeded $0.40. The non-referendum debt tax rate in 15 of those school corporations was at least $0.80. In addition, two municipalities had 2024 non-referendum debt service tax rates that exceeded $0.40 but were less than $0.80. No other taxing unit had a 2024 non-referendum debt service tax rate that exceeded $0.40. [A list of taxing units with 2024 non-referendum debt service tax rates of at least $0.40 is shown as Appendix A.] Explanation of Local Revenues: Veteran’s Deduction: Beginning with taxes payable in CY 2025, this provision will result in an increase in the number of disabled veterans who may qualify for the deduction. Based on current claim rates and homestead values, an estimated additional 5,800 veterans could claim about $81 M in AV deductions worth about $1.7 M in taxes. The new deductions will cause tax rates to rise, resulting in tax shifts to other taxpayers to the extent that tax bills do not exceed the tax caps. Some of the tax shift will result in revenue losses to taxing units through higher tax cap credits. Deduction Filing: Under current law, an application for the following property tax deductions must be completed and dated in the calendar year prior to the year in which taxes are due and must be filed no later than January 5 of the tax payable year: homestead standard, age 65 or over, blind or disabled, disabled veterans, WWI surviving spouse, solar heating or cooling, solar power device, wind power device, hydroelectric power device, geothermal heating or cooling, fertilizer/pesticide storage, model residence, and residence in inventory. Under this provision, a taxpayer may complete, date, and file the deduction application by January 15 of the year in which the taxes are payable. This provision could result in a minimal increase in deduction filers each year. Property tax deductions reduce the net AV of the property, shifting taxes to other properties. Homes with a standard deduction are subject to the 1% tax cap rather than the 2% residential tax cap. The deductions and lower tax cap for homesteads can reduce net taxes. HB 1120 3 MLGQ: This provision caps CY 2026 maximum levy increases at 4%. The change will reduce local revenue as compared to current law. Taxes in CY 2027 and later are affected because the base for future maximum levies is reduced by the MLGQ changes in CY 2026. The estimated effect on net property taxes by taxpayer class is summarized in the following table for CY 2026 and CY 2027. Estimated Net Tax Change (In $Millions) Property Type CY 2026 CY 2027 Homesteads -19.4 -20.8 Farmland -3.5 -4.0 Other Residential -4.3 -4.7 Apartments -1.6 -1.9 Ag Business -1.3 -1.4 Other Real -13.6 -14.2 Personal Property -8.5 -8.7 Total -52.2 -55.7 The following table summarizes the estimated net property revenue change by taxing unit type. [Total estimated local property tax revenue changes by county appear in Appendix B. Estimated local property tax revenue changes by taxing unit are available at this link.] Estimated Net Revenue Change (In $Millions) Unit Type CY 2026CY 2027 Counties -12.7 -13.4 Townships -2.3 -2.4 Cities and Towns -10.0 -10.6 School Corporations -15.2 -16.5 Libraries -2.5 -2.6 Special Units -3.1 -3.4 TIF -6.5 -6.9 Total -52.2 -55.7 Total Without TIF -45.7 -48.8 Additional Information - MLGQ: Under current law, the maximum levies for most civil taxing units and school corporations grow at the same statewide rate, called the MLGQ. The MLGQ equals the six-year average growth in Indiana nonfarm personal income. The MLGQ was capped for all units at 1.04 in CY 2024 and CY 2025. The CY 2026 MLGQ is currently estimated at 1.052. There are exceptions to the statewide MLGQ, including the following: (1) civil units may appeal for a bigger increase because of large NAV increases, (2) an automatic increase for school corporations that have a large net AV increase, and (3) an appeal for school corporations that incur large increases in transportation costs. State Agencies Affected: Department of Local Government Finance. Local Agencies Affected: County auditors; Civil taxing units and school corporations; Redevelopment commissions. HB 1120 4 Information Sources: LSA Property Tax Database; Local Government Database, Department of Local Government Finance. Fiscal Analyst: Bob Sigalow, 317-232-9859; Austin Spears, 317-234-9454. HB 1120 5 Appendix A. 2024 Non-Referendum Debt Service Tax Rates Exceeding $0.40 Non-Referendum Non-RefNon-Ref Corp Municipality / School Corporation Debt Rate > $0.40 >= $0.80 Boonville Civil City 0.6228 X Dyer Civil Town 0.4533 X 0015Adams Central Community School Corp 0.5129 X 0025North Adams Community School Corp 0.4662 X 0035South Adams School Corporation 0.4030 X 0225Northwest Allen County School Corp 0.4752 X 0515Blackford County School Corporation 0.4148 X 0615Western Boone County School Corporation 0.5082 X 0630Zionsville Community School Corporation 0.6944 X 0755Delphi Community School Corporation 0.5497 X 0875Logansport Community School Corporation 0.7408 X 0935Borden-Henryville School Corporation 0.4165 X 0945Silver Creek School Corporation 0.6918 X 1000Clarksville Community School Corporation 0.7711 X 1010Greater Clark County School Corporation 0.6969 X 1150Clinton Central School Corporation 0.4143 X 1170Frankfort Community School Corporation 0.5414 X 1180Rossville Consolidated School Corp 0.4021 X 1560Sunman-Dearborn Community School Corp 0.5624 X 1600South Dearborn Community School Corp 0.6775 X 1820Garrett-Keyser-Butler Comm School Corp 0.5958 X 1875Delaware Community School Corporation 0.4445 X 1885Wes-Del Community School Corp 0.4155 X 1940Daleville Community Schools 0.5607 X 1970Muncie Community School Corporation 0.5005 X 2110Southwest Dubois County School Corp 0.4010 X 2120Greater Jasper Consolidated School Corp 0.5506 X 2155Fairfield Community School Corporation 0.5545 X 2260Baugo Community School Corporation 0.7900 X 2270Concord Community School Corporation 0.7756 X 2275Middlebury Community School Corporation 0.7995 X 2285Wa-Nee Community School Corporation 0.4484 X 2315Goshen Community School Corporation 0.4846 X 2435Attica Consolidated School Corporation 0.5110 X 2455Southeast Fountain School Corporation 0.4960 X 2645Rochester Community School Corporation 0.4064 X 2735North Gibson School Corporation 0.4758 X 2855Mississinewa Community School Corp 0.7031 X 2950Linton-Stockton School Corporation 0.7799 X 2960M.S.D. Shakamak School Corporation 0.4086 X 3005Hamilton Southeastern School Corporation 0.4830 X 3025Hamilton Heights School Corporation 0.6577 X 3030Westfield-Washington School Corporation 0.6402 X 3055Sheridan Community Schools 0.6604 X 3070Noblesville School Corporation 0.4567 X 3115Southern Hancock County Comm School Corp 0.6268 X 3125Greenfield Central Community School Corp 0.5834 X 3135Mt. Vernon Community School Corporation 1.1000 X X 3295Northwest Hendricks School Corporation 0.7778 X HB 1120 6 Appendix A. 2024 Non-Referendum Debt Service Tax Rates Exceeding $0.40 Non-Referendum Non-RefNon-Ref Corp Municipality / School Corporation Debt Rate > $0.40 >= $0.80 3305Brownsburg Community School Corporation 1.0113 X X 3315Avon Community School Corporation 0.9780 X X 3325Danville Community School Corporation 0.8700 X X 3330Plainfield Community School Corporation 0.5190 X 3335Mill Creek Community School Corporation 0.5671 X 3405Blue River Valley School Corporation 0.9374 X X 3415South Henry School Corporation 0.4980 X 3445New Castle Community School Corporation 0.4011 X 3455Charles A. Beard Memorial School Corp 0.7876 X 3460Taylor Community School Corporation 0.7138 X 3470Northwestern School Corporation 0.4262 X 3480Eastern Howard Community School Corp 1.0000 X X 3490Western School Corporation 0.4792 X 3500Kokomo School Corporation 0.4763 X 3640Medora Community School Corporation 0.9176 X X 3675Seymour Community School Corporation 0.4846 X 3695Brownstown Central Community School Corp 0.4086 X 3710Crothersville Community School Corp 0.6599 X 3945Jay County School Corporation 0.4532 X 4145Clark-Pleasant Community School Corp 0.9648 X X 4205Center Grove Community School Corp 0.7184 X 4215Edinburgh Community School Corporation 0.6454 X 4225Franklin Community School Corporation 0.7999 X 4255Nineveh-Hensley-Jackson United Sch Corp 0.5368 X 4335Vincennes Community School Corporation 0.4228 X 4415Warsaw Community School Corporation 0.4276 X 4445Tippecanoe Valley School Corporation 0.4230 X 4455Whitko Community School Corporation 0.4423 X 4580Hanover Community School Corporation 0.5463 X 4590River Forest Community School Corp 0.6303 X 4600Merrillville School Corporation 0.5077 X 4645Tri Creek School Corporation 0.7495 X 4650Lake Ridge School Corporation 1.3729 X X 4660Crown Point Community School Corporation 0.7887 X 4680Lake Station School Corporation 0.7916 X 4690Gary Community School Corporation 0.7081 X 4700Griffith Public School Corporation 0.7395 X 4710Hammond City School Corporation 0.5141 X 4720Highland Town School Corporation 0.5839 X 4730School City Of Hobart School Corporation 1.0258 X X 4860New Durham Township School Corporation 0.5074 X 4925Michigan City Area School Corporation 0.4328 X 4940South Central Community School Corp 0.5146 X 4945Laporte Community School Corporation 0.4415 X 5085Mitchell Community School Corporation 0.6514 X 5245Frankton-Lapel Community School Corp 0.8181 X X 5255South Madison Community School Corp 0.6444 X 5275Anderson Community School Corporation 0.6492 X 5280Elwood Community School Corporation 0.8579 X X HB 1120 7 Appendix A. 2024 Non-Referendum Debt Service Tax Rates Exceeding $0.40 Non-Referendum Non-RefNon-Ref Corp Municipality / School Corporation Debt Rate > $0.40 >= $0.80 5300M.S.D. Decatur Township School Corp 0.6942 X 5310Franklin Township Community School Corp 0.6653 X 5360M.S.D. Warren Township School Corp 0.5200 X 5375M.S.D. Wayne Township School Corporation 1.0000 X X 5380Beech Grove City School Corporation 1.1184 X X 5470Argos Community School Corporation 0.5239 X 5485Plymouth Community School Corp 0.4762 X 5625Oak Hill United School Corporation 0.7282 X 5635Peru Community School Corporation 0.6680 X 5705Richland-Bean Blossom Comm School Corp 0.6462 X 5845South Montgomery Community School Corp 0.4426 X 5855Crawfordsville Community School Corp 0.7375 X 5900Monroe-Gregg School Corporation 0.6853 X 5930Mooresville Consolidated School Corp 0.4078 X 6080Rising Sun-Ohio County Comm School Corp 0.5437 X 6260Southwest Parke Community School Corp 0.4463 X 6325Perry Central Community School Corp 0.4615 X 6340Cannelton City School Corporation 1.3211 X X 6350Tell City-Troy Township School Corp 0.6898 X 6460Boone Township School Corporation 0.7890 X 6510East Porter County School Corporation 0.5386 X 6520Porter Township School Corporation 0.5771 X 6530Union Township School Corporation 0.4242 X 6705South Putnam Community School Corp 0.6400 X 6715North Putnam Community School Corp 0.6942 X 6755Greencastle Community School Corporation 0.6199 X 6835Randolph Eastern School Corporation 0.5303 X 6865South Ripley Community School Corp 0.4628 X 6910Milan Community School Corporation 0.5179 X 7150John Glenn School Corporation 0.4488 X 7175Penn-Harris-Madison-School Corporation 0.4265 X 7200Mishawaka City School Corporation 0.6870 X 7215Union-North United School Corporation 0.5672 X 7230Scott County District No. 1 School Corp 0.4065 X 7255Scott County District No. 2 School Corp 0.4456 X 7285Shelby Eastern School Corporation 0.5477 X 7350Northwestern Consolidated School Corp 0.4180 X 7365Shelbyville Central School Corporation 0.5621 X 7525Knox Community School Corporation 0.4007 X 7865Tippecanoe School Corporation 0.4778 X 7875West Lafayette Community School Corp 0.4909 X 7945Tipton Community School Corporation 0.4177 X 8045Manchester Community School Corporation 0.4531 X 8050M.S.D. Wabash County School Corporation 0.5882 X 8060Wabash City School Corporation 0.6424 X 8115M.S.D. Warren County School Corp 0.5187 X 8205Salem Community School Corporation 0.5008 X 8215East Washington School Corporation 0.4338 X 8355Western Wayne School Corporation 0.4785 X HB 1120 8 Appendix A. 2024 Non-Referendum Debt Service Tax Rates Exceeding $0.40 Non-Referendum Non-RefNon-Ref Corp Municipality / School Corporation Debt Rate > $0.40 >= $0.80 8360Centerville-Abington Comm School Corp 0.4786 X 8375Northeastern Wayne School Corporation 0.4501 X 8445M.S.D. Bluffton-Harrison School Corp 0.4879 X Count 150 15 HB 1120 9 Appendix B Estimated Change in Revenue From MLGQ Cap CntyCounty CY 2026 CY 2027 01 Adams -224,000 -241,000 02 Allen -3,546,000 -3,762,000 03 Bartholomew -709,000 -731,000 04 Benton -139,000 -150,000 05 Blackford -67,000 -72,000 06 Boone -1,141,000 -1,219,000 07 Brown -130,000 -137,000 08 Carroll -96,000 -101,000 09 Cass -234,000 -258,000 10 Clark -1,092,000 -1,255,000 11 Clay -168,000 -177,000 12 Clinton -232,000 -243,000 13 Crawford -45,000 -47,000 14 Daviess -252,000 -266,000 15 Dearborn -318,000 -337,000 16 Decatur -264,000 -275,000 17 DeKalb -560,000 -588,000 18 Delaware -379,000 -399,000 19 Dubois -368,000 -403,000 20 Elkhart -2,007,000 -2,157,000 21 Fayette -127,000 -135,000 22 Floyd -578,000 -599,000 23 Fountain -150,000 -166,000 24 Franklin -172,000 -181,000 25 Fulton -169,000 -180,000 26 Gibson -426,000 -442,000 27 Grant -329,000 -343,000 28 Greene -151,000 -160,000 29 Hamilton -4,826,000 -5,287,000 30 Hancock -768,000 -822,000 31 Harrison -305,000 -321,000 32 Hendricks -1,706,000 -1,884,000 33 Henry -222,000 -229,000 34 Howard -334,000 -352,000 35 Huntington -204,000 -214,000 36 Jackson -401,000 -416,000 37 Jasper -349,000 -366,000 38 Jay -175,000 -201,000 39 Jefferson -128,000 -132,000 40 Jennings -246,000 -258,000 41 Johnson -1,267,000 -1,388,000 42 Knox -466,000 -498,000 43 Kosciusko -814,000 -851,000 44 LaGrange -334,000 -352,000 45 Lake -3,203,000 -3,314,000 46 LaPorte -601,000 -639,000 47 Lawrence -370,000 -386,000 48 Madison -449,000 -474,000 49 Marion -5,569,000 -6,108,000 50 Marshall -383,000 -405,000 51 Martin -85,000 -89,000 52 Miami -190,000 -207,000 53 Monroe -1,540,000 -1,634,000 54 Montgomery -351,000 -366,000 55 Morgan -624,000 -655,000 HB 1120 10 Appendix B Estimated Change in Revenue From MLGQ Cap CntyCounty CY 2026 CY 2027 56 Newton -199,000 -210,000 57 Noble -500,000 -530,000 58 Ohio -44,000 -47,000 59 Orange -179,000 -188,000 60 Owen -155,000 -163,000 61 Parke -134,000 -141,000 62 Perry -117,000 -123,000 63 Pike -75,000 -75,000 64 Porter -1,585,000 -1,679,000 65 Posey -387,000 -406,000 66 Pulaski -145,000 -153,000 67 Putnam -220,000 -231,000 68 Randolph -191,000 -202,000 69 Ripley -233,000 -244,000 70 Rush -145,000 -154,000 71 St. Joseph -1,206,000 -1,271,000 72 Scott -165,000 -172,000 73 Shelby -412,000 -429,000 74 Spencer -286,000 -300,000 75 Starke -199,000 -209,000 76 Steuben -444,000 -467,000 77 Sullivan -144,000 -149,000 78 Switzerland -89,000 -94,000 79 Tippecanoe -1,521,000 -1,648,000 80 Tipton -142,000 -150,000 81 Union -63,000 -66,000 82 Vanderburgh -667,000 -580,000 83 Vermillion -131,000 -136,000 84 Vigo -333,000 -352,000 85 Wabash -217,000 -226,000 86 Warren -108,000 -114,000 87 Warrick -704,000 -741,000 88 Washington -165,000 -175,000 89 Wayne -137,000 -135,000 90 Wells -249,000 -261,000 91 White -284,000 -297,000 92 Whitley -286,000 -301,000 Total -52,246,000-55,686,000 HB 1120 11