1 | 1 | | |
---|
2 | 2 | | Introduced Version |
---|
3 | 3 | | HOUSE BILL No. 1192 |
---|
4 | 4 | | _____ |
---|
5 | 5 | | DIGEST OF INTRODUCED BILL |
---|
6 | 6 | | Citations Affected: IC 6-1.1-4-4.5. |
---|
7 | 7 | | Synopsis: Farmland assessment. Amends the six year rolling average |
---|
8 | 8 | | calculation and the capitalization rate percentage under the statewide |
---|
9 | 9 | | agricultural land base rate determination. |
---|
10 | 10 | | Effective: January 1, 2026. |
---|
11 | 11 | | Culp |
---|
12 | 12 | | January 8, 2025, read first time and referred to Committee on Ways and Means. |
---|
13 | 13 | | 2025 IN 1192—LS 7203/DI 120 Introduced |
---|
14 | 14 | | First Regular Session of the 124th General Assembly (2025) |
---|
15 | 15 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
---|
16 | 16 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
---|
17 | 17 | | additions will appear in this style type, and deletions will appear in this style type. |
---|
18 | 18 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
---|
19 | 19 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
---|
20 | 20 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
---|
21 | 21 | | a new provision to the Indiana Code or the Indiana Constitution. |
---|
22 | 22 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
---|
23 | 23 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
---|
24 | 24 | | HOUSE BILL No. 1192 |
---|
25 | 25 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
---|
26 | 26 | | taxation. |
---|
27 | 27 | | Be it enacted by the General Assembly of the State of Indiana: |
---|
28 | 28 | | 1 SECTION 1. IC 6-1.1-4-4.5, AS AMENDED BY P.L.8-2022, |
---|
29 | 29 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
30 | 30 | | 3 JANUARY 1, 2026]: Sec. 4.5. (a) The department of local government |
---|
31 | 31 | | 4 finance shall adopt rules establishing a system for annually adjusting |
---|
32 | 32 | | 5 the assessed value of real property to account for changes in value in |
---|
33 | 33 | | 6 those years since a reassessment under section 4.2 of this chapter for |
---|
34 | 34 | | 7 the property last took effect. |
---|
35 | 35 | | 8 (b) Subject to subsection (f), the system must be applied to adjust |
---|
36 | 36 | | 9 assessed values beginning with the 2006 assessment date and each year |
---|
37 | 37 | | 10 thereafter that is not a year in which a reassessment under section 4.2 |
---|
38 | 38 | | 11 of this chapter for the property becomes effective. |
---|
39 | 39 | | 12 (c) The rules adopted under subsection (a) must include the |
---|
40 | 40 | | 13 following characteristics in the system: |
---|
41 | 41 | | 14 (1) Promote uniform and equal assessment of real property within |
---|
42 | 42 | | 15 and across classifications. |
---|
43 | 43 | | 16 (2) Require that assessing officials: |
---|
44 | 44 | | 17 (A) reevaluate the factors that affect value; |
---|
45 | 45 | | 2025 IN 1192—LS 7203/DI 120 2 |
---|
46 | 46 | | 1 (B) express the interactions of those factors mathematically; |
---|
47 | 47 | | 2 (C) use mass appraisal techniques to estimate updated property |
---|
48 | 48 | | 3 values within statistical measures of accuracy; and |
---|
49 | 49 | | 4 (D) provide notice to taxpayers of an assessment increase that |
---|
50 | 50 | | 5 results from the application of annual adjustments. |
---|
51 | 51 | | 6 (3) Prescribe procedures that permit the application of the |
---|
52 | 52 | | 7 adjustment percentages in an efficient manner by assessing |
---|
53 | 53 | | 8 officials. |
---|
54 | 54 | | 9 (d) The department of local government finance must review and |
---|
55 | 55 | | 10 certify each annual adjustment determined under this section. |
---|
56 | 56 | | 11 (e) For an assessment beginning after December 31, 2022, |
---|
57 | 57 | | 12 agricultural improvements such as but not limited to barns, grain bins, |
---|
58 | 58 | | 13 or silos on land assessed as agricultural shall not be adjusted using |
---|
59 | 59 | | 14 factors, such as neighborhood delineation, that are appropriate for use |
---|
60 | 60 | | 15 in adjusting residential, commercial, and industrial real property. Those |
---|
61 | 61 | | 16 portions of agricultural parcels that include land and buildings not used |
---|
62 | 62 | | 17 for an agricultural purpose, such as homes, homesites, and excess |
---|
63 | 63 | | 18 residential land and commercial or industrial land and buildings, shall |
---|
64 | 64 | | 19 be adjusted by the factor or factors developed for other similar property |
---|
65 | 65 | | 20 within the geographic stratification. The residential portion of |
---|
66 | 66 | | 21 agricultural properties shall be adjusted by the factors applied to |
---|
67 | 67 | | 22 similar residential purposes. |
---|
68 | 68 | | 23 (f) In making the annual determination of the base rate to satisfy the |
---|
69 | 69 | | 24 requirement for an annual adjustment for each assessment date, the |
---|
70 | 70 | | 25 department of local government finance shall not later than March 1 of |
---|
71 | 71 | | 26 each year determine the base rate using the methodology reflected in |
---|
72 | 72 | | 27 Table 2-18 of Book 1, Chapter 2 of the department of local government |
---|
73 | 73 | | 28 finance's Real Property Assessment Guidelines (as in effect on January |
---|
74 | 74 | | 29 1, 2005), except that the department shall adjust the methodology as |
---|
75 | 75 | | 30 follows: |
---|
76 | 76 | | 31 (1) Use a six (6) year rolling average adjusted under subdivision |
---|
77 | 77 | | 32 (3) instead of a four (4) year rolling average. |
---|
78 | 78 | | 33 (2) Use the data from the six (6) most recent years preceding the |
---|
79 | 79 | | 34 year in which the assessment date occurs for which data is |
---|
80 | 80 | | 35 available, before one (1) two (2) of those six (6) years is |
---|
81 | 81 | | 36 eliminated under subdivision (3) when determining the rolling |
---|
82 | 82 | | 37 average. |
---|
83 | 83 | | 38 (3) Eliminate in the calculation of the rolling average the year |
---|
84 | 84 | | 39 among the six (6) years, the top two (2) years for which the |
---|
85 | 85 | | 40 highest market value in use of agricultural land is determined. |
---|
86 | 86 | | 41 (4) After determining a preliminary base rate that would apply for |
---|
87 | 87 | | 42 the assessment date without applying the adjustment under this |
---|
88 | 88 | | 2025 IN 1192—LS 7203/DI 120 3 |
---|
89 | 89 | | 1 subdivision, the department of local government finance shall |
---|
90 | 90 | | 2 adjust the preliminary base rate as follows: |
---|
91 | 91 | | 3 (A) If the preliminary base rate for the assessment date would |
---|
92 | 92 | | 4 be at least ten percent (10%) greater than the final base rate |
---|
93 | 93 | | 5 determined for the preceding assessment date, a capitalization |
---|
94 | 94 | | 6 rate of eight percent (8%) ten percent (10%) shall be used to |
---|
95 | 95 | | 7 determine the final base rate. |
---|
96 | 96 | | 8 (B) If the preliminary base rate for the assessment date would |
---|
97 | 97 | | 9 be at least ten percent (10%) less than the final base rate |
---|
98 | 98 | | 10 determined for the preceding assessment date, a capitalization |
---|
99 | 99 | | 11 rate of six percent (6%) eight percent (8%) shall be used to |
---|
100 | 100 | | 12 determine the final base rate. |
---|
101 | 101 | | 13 (C) If neither clause (A) nor clause (B) applies, a capitalization |
---|
102 | 102 | | 14 rate of seven percent (7%) nine percent (9%) shall be used to |
---|
103 | 103 | | 15 determine the final base rate. |
---|
104 | 104 | | 16 (D) In the case of a market value in use for a year that is used |
---|
105 | 105 | | 17 in the calculation of the six (6) year rolling average under |
---|
106 | 106 | | 18 subdivision (1) for purposes of determining the base rate for |
---|
107 | 107 | | 19 the assessment date: |
---|
108 | 108 | | 20 (i) that market value in use shall be recalculated by using the |
---|
109 | 109 | | 21 capitalization rate determined under clauses (A) through (C) |
---|
110 | 110 | | 22 for the calculation of the base rate for the assessment date; |
---|
111 | 111 | | 23 and |
---|
112 | 112 | | 24 (ii) the market value in use recalculated under item (i) shall |
---|
113 | 113 | | 25 be used in the calculation of the six (6) year rolling average |
---|
114 | 114 | | 26 under subdivision (1). |
---|
115 | 115 | | 27 (g) For assessment dates after December 31, 2009, an adjustment in |
---|
116 | 116 | | 28 the assessed value of real property under this section shall be based on |
---|
117 | 117 | | 29 the estimated true tax value of the property on the assessment date that |
---|
118 | 118 | | 30 is the basis for taxes payable on that real property. |
---|
119 | 119 | | 31 (h) The department shall release the department's annual |
---|
120 | 120 | | 32 determination of the base rate on or before March 1 of each year. |
---|
121 | 121 | | 2025 IN 1192—LS 7203/DI 120 |
---|