1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1193 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 3-10; IC 3-11-2-12; IC 3-13-10-3; IC 6-1.1; |
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7 | 7 | | IC 36-2-15-0.3; IC 36-6; IC 36-7; IC 36-9-11.1-11. |
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8 | 8 | | Synopsis: Township assessors. Abolishes the office of township |
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9 | 9 | | assessor, effective January 1, 2028. Transfers the duties of the township |
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10 | 10 | | assessor to the county assessor of the county in which the township is |
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11 | 11 | | located. Provides that if the office of township assessor becomes vacant |
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12 | 12 | | before January 1, 2028, the office is abolished and the duties of the |
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13 | 13 | | township assessor are transferred to the county assessor. |
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14 | 14 | | Effective: Upon passage; July 1, 2025. |
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15 | 15 | | Lauer |
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16 | 16 | | January 8, 2025, read first time and referred to Committee on Local Government. |
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17 | 17 | | 2025 IN 1193—LS 7071/DI 144 Introduced |
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18 | 18 | | First Regular Session of the 124th General Assembly (2025) |
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19 | 19 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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20 | 20 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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21 | 21 | | additions will appear in this style type, and deletions will appear in this style type. |
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22 | 22 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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23 | 23 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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24 | 24 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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25 | 25 | | a new provision to the Indiana Code or the Indiana Constitution. |
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26 | 26 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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27 | 27 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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28 | 28 | | HOUSE BILL No. 1193 |
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29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning local |
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30 | 30 | | government. |
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31 | 31 | | Be it enacted by the General Assembly of the State of Indiana: |
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32 | 32 | | 1 SECTION 1. IC 3-10-1-19, AS AMENDED BY P.L.227-2023, |
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33 | 33 | | 2 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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34 | 34 | | 3 JULY 1, 2025]: Sec. 19. (a) The ballot for a primary election shall be |
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35 | 35 | | 4 printed in substantially the form described in this section for all the |
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36 | 36 | | 5 offices for which candidates have qualified under IC 3-8. |
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37 | 37 | | 6 (b) The following shall be printed as the heading for the ballot for |
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38 | 38 | | 7 a political party: |
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39 | 39 | | 8 "OFFICIAL PRIMARY BALLOT |
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40 | 40 | | 9 _________________ Party (insert the name of the political party)". |
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41 | 41 | | 10 (c) The following shall be printed immediately below the heading |
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42 | 42 | | 11 required by subsection (b) or be posted in each voting booth as |
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43 | 43 | | 12 provided in IC 3-11-2-8(b): |
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44 | 44 | | 13 (1) For paper ballots, print: To vote for a person, make a voting |
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45 | 45 | | 14 mark (X or U) on or in the box before the person's name in the |
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46 | 46 | | 15 proper column. |
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47 | 47 | | 16 (2) For optical scan ballots, print: To vote for a person, darken or |
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48 | 48 | | 17 shade in the circle, oval, or square (or draw a line to connect the |
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49 | 49 | | 2025 IN 1193—LS 7071/DI 144 2 |
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50 | 50 | | 1 arrow) that precedes the person's name in the proper column. |
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51 | 51 | | 2 (3) For optical scan ballots that do not contain a candidate's name, |
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52 | 52 | | 3 print: To vote for a person, darken or shade in the oval that |
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53 | 53 | | 4 precedes the number assigned to the person's name in the proper |
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54 | 54 | | 5 column. |
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55 | 55 | | 6 (4) For electronic voting systems, print: To vote for a person, |
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56 | 56 | | 7 touch the screen (or press the button) in the location indicated. |
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57 | 57 | | 8 (d) Local public questions shall be placed on the primary election |
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58 | 58 | | 9 ballot after the heading and the voting instructions described in |
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59 | 59 | | 10 subsection (c) (if the instructions are printed on the ballot) and before |
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60 | 60 | | 11 the offices described in subsection (g). |
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61 | 61 | | 12 (e) The local public questions described in subsection (d) shall be |
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62 | 62 | | 13 placed as follows: |
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63 | 63 | | 14 (1) In a separate column on the ballot if voting is by paper ballot. |
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64 | 64 | | 15 (2) After the heading and the voting instructions described in |
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65 | 65 | | 16 subsection (c) (if the instructions are printed on the ballot) and |
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66 | 66 | | 17 before the offices described in subsection (g), in the form |
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67 | 67 | | 18 specified in IC 3-11-13-11 if voting is by ballot card. |
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68 | 68 | | 19 (3) As provided by either of the following if voting is by an |
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69 | 69 | | 20 electronic voting system: |
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70 | 70 | | 21 (A) On a separate screen for a public question. |
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71 | 71 | | 22 (B) After the heading and the voting instructions described in |
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72 | 72 | | 23 subsection (c) (if the instructions are printed on the ballot) and |
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73 | 73 | | 24 before the offices described in subsection (g), in the form |
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74 | 74 | | 25 specified in IC 3-11-14-3.5. |
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75 | 75 | | 26 (f) A public question shall be placed on the primary election ballot |
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76 | 76 | | 27 in the following form: |
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77 | 77 | | 28 (The explanatory text for the public question, |
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78 | 78 | | 29 if required by law.) |
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79 | 79 | | 30 "Shall (insert public question)?" |
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80 | 80 | | 31 [] YES |
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81 | 81 | | 32 [] NO |
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82 | 82 | | 33 (g) The offices with candidates for nomination shall be placed on |
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83 | 83 | | 34 the primary election ballot in the following order: |
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84 | 84 | | 35 (1) Federal and state offices: |
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85 | 85 | | 36 (A) President of the United States. |
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86 | 86 | | 37 (B) United States Senator. |
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87 | 87 | | 38 (C) Governor. |
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88 | 88 | | 39 (D) United States Representative. |
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89 | 89 | | 40 (2) Legislative offices: |
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90 | 90 | | 41 (A) State senator. |
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91 | 91 | | 42 (B) State representative. |
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92 | 92 | | 2025 IN 1193—LS 7071/DI 144 3 |
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93 | 93 | | 1 (3) Circuit offices and county judicial offices: |
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94 | 94 | | 2 (A) Judge of the circuit court, and unless otherwise specified |
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95 | 95 | | 3 under IC 33, with each division separate if there is more than |
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96 | 96 | | 4 one (1) judge of the circuit court. |
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97 | 97 | | 5 (B) Judge of the superior court, and unless otherwise specified |
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98 | 98 | | 6 under IC 33, with each division separate if there is more than |
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99 | 99 | | 7 one (1) judge of the superior court. |
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100 | 100 | | 8 (C) Judge of the probate court. |
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101 | 101 | | 9 (D) Prosecuting attorney. |
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102 | 102 | | 10 (E) Circuit court clerk. |
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103 | 103 | | 11 (4) County offices: |
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104 | 104 | | 12 (A) County auditor. |
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105 | 105 | | 13 (B) County recorder. |
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106 | 106 | | 14 (C) County treasurer. |
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107 | 107 | | 15 (D) County sheriff. |
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108 | 108 | | 16 (E) County coroner. |
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109 | 109 | | 17 (F) County surveyor. |
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110 | 110 | | 18 (G) County assessor. |
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111 | 111 | | 19 (H) County commissioner. |
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112 | 112 | | 20 (I) County council member. |
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113 | 113 | | 21 (5) Township offices: |
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114 | 114 | | 22 (A) Township assessor (only in a township referred to in |
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115 | 115 | | 23 IC 36-6-5-1(d)). |
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116 | 116 | | 24 (B) (A) Township trustee. |
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117 | 117 | | 25 (C) (B) Township board member. |
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118 | 118 | | 26 (D) (C) Judge of the small claims court. |
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119 | 119 | | 27 (E) (D) Constable of the small claims court. |
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120 | 120 | | 28 (6) City offices: |
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121 | 121 | | 29 (A) Mayor. |
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122 | 122 | | 30 (B) Clerk or clerk-treasurer. |
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123 | 123 | | 31 (C) Judge of the city court. |
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124 | 124 | | 32 (D) City-county council member or common council member. |
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125 | 125 | | 33 (7) Town offices: |
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126 | 126 | | 34 (A) Clerk-treasurer. |
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127 | 127 | | 35 (B) Judge of the town court. |
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128 | 128 | | 36 (C) Town council member. |
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129 | 129 | | 37 (h) The political party offices with candidates for election shall be |
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130 | 130 | | 38 placed on the primary election ballot in the following order after the |
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131 | 131 | | 39 offices described in subsection (g): |
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132 | 132 | | 40 (1) Precinct committeeman. |
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133 | 133 | | 41 (2) State convention delegate. |
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134 | 134 | | 42 (i) The local offices to be elected at the primary election shall be |
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135 | 135 | | 2025 IN 1193—LS 7071/DI 144 4 |
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136 | 136 | | 1 placed on the primary election ballot after the offices described in |
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137 | 137 | | 2 subsection (h). |
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138 | 138 | | 3 (j) The offices described in subsection (i) shall be placed as follows: |
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139 | 139 | | 4 (1) In a separate column on the ballot if voting is by paper ballot. |
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140 | 140 | | 5 (2) After the offices described in subsection (h) in the form |
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141 | 141 | | 6 specified in IC 3-11-13-11 if voting is by ballot card. |
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142 | 142 | | 7 (3) Either: |
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143 | 143 | | 8 (A) on a separate screen for each office or public question; or |
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144 | 144 | | 9 (B) after the offices described in subsection (h) in the form |
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145 | 145 | | 10 specified in IC 3-11-14-3.5; |
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146 | 146 | | 11 if voting is by an electronic voting system. |
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147 | 147 | | 12 (k) If no candidate has filed to run for an office on the primary ballot |
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148 | 148 | | 13 then the county election board may print "NO CANDIDATE FILED" |
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149 | 149 | | 14 in the place on the ballot where a candidate's name would have been |
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150 | 150 | | 15 printed. |
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151 | 151 | | 16 SECTION 2. IC 3-10-2-13, AS AMENDED BY P.L.278-2019, |
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152 | 152 | | 17 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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153 | 153 | | 18 JULY 1, 2025]: Sec. 13. The following public officials shall be elected |
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154 | 154 | | 19 at the general election before their terms of office expire and every four |
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155 | 155 | | 20 (4) years thereafter: |
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156 | 156 | | 21 (1) Clerk of the circuit court. |
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157 | 157 | | 22 (2) County auditor. |
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158 | 158 | | 23 (3) County recorder. |
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159 | 159 | | 24 (4) County treasurer. |
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160 | 160 | | 25 (5) County sheriff. |
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161 | 161 | | 26 (6) County coroner. |
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162 | 162 | | 27 (7) County surveyor. |
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163 | 163 | | 28 (8) County assessor. |
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164 | 164 | | 29 (9) County commissioner. |
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165 | 165 | | 30 (10) County council member. |
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166 | 166 | | 31 (11) Township trustee. |
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167 | 167 | | 32 (12) Township board member. |
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168 | 168 | | 33 (13) Township assessor (only in a township referred to in |
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169 | 169 | | 34 IC 36-6-5-1(d)). |
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170 | 170 | | 35 (14) (13) Judge of a small claims court. |
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171 | 171 | | 36 (15) (14) Constable of a small claims court. |
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172 | 172 | | 37 SECTION 3. IC 3-11-2-12, AS AMENDED BY P.L.227-2023, |
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173 | 173 | | 38 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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174 | 174 | | 39 JULY 1, 2025]: Sec. 12. (a) The following offices shall be placed on |
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175 | 175 | | 40 the general election ballot in the following order after the public |
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176 | 176 | | 41 questions described in section 10(a) of this chapter: |
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177 | 177 | | 42 (1) Federal and state offices: |
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178 | 178 | | 2025 IN 1193—LS 7071/DI 144 5 |
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179 | 179 | | 1 (A) President and Vice President of the United States. |
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180 | 180 | | 2 (B) United States Senator. |
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181 | 181 | | 3 (C) Governor and lieutenant governor. |
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182 | 182 | | 4 (D) Secretary of state. |
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183 | 183 | | 5 (E) Auditor of state. |
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184 | 184 | | 6 (F) Treasurer of state. |
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185 | 185 | | 7 (G) Attorney general. |
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186 | 186 | | 8 (H) United States Representative. If an election to fill a |
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187 | 187 | | 9 vacancy in an office of United States Representative under |
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188 | 188 | | 10 IC 3-10-8 is held on the same day as the election for the next |
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189 | 189 | | 11 term of the same office, the ballot shall list the election to fill |
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190 | 190 | | 12 the vacancy in the office immediately after the election for the |
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191 | 191 | | 13 next term of the office. |
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192 | 192 | | 14 (2) Legislative offices: |
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193 | 193 | | 15 (A) State senator. |
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194 | 194 | | 16 (B) State representative. |
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195 | 195 | | 17 (3) Circuit offices and county judicial offices: |
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196 | 196 | | 18 (A) Judge of the circuit court, and unless otherwise specified |
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197 | 197 | | 19 under IC 33, with each division separate if there is more than |
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198 | 198 | | 20 one (1) judge of the circuit court. |
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199 | 199 | | 21 (B) Judge of the superior court, and unless otherwise specified |
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200 | 200 | | 22 under IC 33, with each division separate if there is more than |
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201 | 201 | | 23 one (1) judge of the superior court. |
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202 | 202 | | 24 (C) Judge of the probate court. |
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203 | 203 | | 25 (D) Prosecuting attorney. |
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204 | 204 | | 26 (E) Clerk of the circuit court. |
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205 | 205 | | 27 (4) County offices: |
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206 | 206 | | 28 (A) County auditor. |
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207 | 207 | | 29 (B) County recorder. |
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208 | 208 | | 30 (C) County treasurer. |
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209 | 209 | | 31 (D) County sheriff. |
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210 | 210 | | 32 (E) County coroner. |
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211 | 211 | | 33 (F) County surveyor. |
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212 | 212 | | 34 (G) County assessor. |
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213 | 213 | | 35 (H) County commissioner. |
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214 | 214 | | 36 (I) County council member. |
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215 | 215 | | 37 (5) Township offices: |
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216 | 216 | | 38 (A) Township assessor (only in a township referred to in |
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217 | 217 | | 39 IC 36-6-5-1(d)). |
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218 | 218 | | 40 (B) (A) Township trustee. |
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219 | 219 | | 41 (C) (B) Township board member. |
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220 | 220 | | 42 (D) (C) Judge of the small claims court. |
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221 | 221 | | 2025 IN 1193—LS 7071/DI 144 6 |
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222 | 222 | | 1 (E) (D) Constable of the small claims court. |
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223 | 223 | | 2 (6) City offices: |
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224 | 224 | | 3 (A) Mayor. |
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225 | 225 | | 4 (B) Clerk or clerk-treasurer. |
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226 | 226 | | 5 (C) Judge of the city court. |
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227 | 227 | | 6 (D) City-county council member or common council member. |
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228 | 228 | | 7 (7) Town offices: |
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229 | 229 | | 8 (A) Clerk-treasurer. |
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230 | 230 | | 9 (B) Judge of the town court. |
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231 | 231 | | 10 (C) Town council member. |
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232 | 232 | | 11 (b) If a major political party does not nominate a candidate for an |
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233 | 233 | | 12 office on a general, municipal, or special election ballot then the county |
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234 | 234 | | 13 election board may print "NO CANDIDATE FILED" in the place on |
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235 | 235 | | 14 the ballot where the name of the major political party's nominee would |
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236 | 236 | | 15 be printed. |
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237 | 237 | | 16 SECTION 4. IC 3-13-10-3, AS AMENDED BY P.L.119-2005, |
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238 | 238 | | 17 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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239 | 239 | | 18 UPON PASSAGE]: Sec. 3. (a) This section applies to a vacancy in the |
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240 | 240 | | 19 office of township assessor. not covered by section 1 of this chapter. |
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241 | 241 | | 20 (b) A vacancy shall be filled by the county assessor, subject to the |
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242 | 242 | | 21 approval of the department of local government finance. Except as |
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243 | 243 | | 22 provided in subsection (c), the county assessor shall make the |
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244 | 244 | | 23 appointment not later than thirty (30) days after the vacancy occurs. If |
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245 | 245 | | 24 the vacancy occurred because the elected township assessor failed to |
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246 | 246 | | 25 qualify or was removed, the person who is appointed must be of the |
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247 | 247 | | 26 same political party as the elected township assessor. |
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248 | 248 | | 27 (c) If a vacancy exists because of the death of the township assessor, |
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249 | 249 | | 28 the county assessor shall make the appointment required by subsection |
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250 | 250 | | 29 (b) not later than thirty (30) days after the county assessor receives |
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251 | 251 | | 30 notice of the death under IC 5-8-6. The county assessor may not fill the |
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252 | 252 | | 31 vacancy as required by subsection (b) until the county assessor receives |
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253 | 253 | | 32 notice of the death under IC 5-8-6. |
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254 | 254 | | 33 (b) Notwithstanding section 1 of this chapter or any other law, |
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255 | 255 | | 34 if the office of township assessor becomes vacant, all of the |
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256 | 256 | | 35 following apply: |
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257 | 257 | | 36 (1) The vacancy may not be filled. |
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258 | 258 | | 37 (2) The office of township assessor is abolished in that |
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259 | 259 | | 38 township, as provided in IC 36-6-5-5. |
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260 | 260 | | 39 (3) The county assessor of the county in which the township is |
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261 | 261 | | 40 located shall assume the duties of the township assessor as |
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262 | 262 | | 41 provided in IC 36-6-5-5. |
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263 | 263 | | 42 (c) This section expires January 1, 2028. |
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264 | 264 | | 2025 IN 1193—LS 7071/DI 144 7 |
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265 | 265 | | 1 SECTION 5. IC 6-1.1-5-9, AS AMENDED BY P.L.146-2008, |
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266 | 266 | | 2 SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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267 | 267 | | 3 JULY 1, 2025]: Sec. 9. In a county containing a consolidated city |
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268 | 268 | | 4 (1) the township assessor has the duties and authority described |
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269 | 269 | | 5 in sections 1 through 8 of this chapter; and |
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270 | 270 | | 6 (2) the county assessor has the duties and authority described in |
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271 | 271 | | 7 sections 1 through 8 of this chapter. for a township for which |
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272 | 272 | | 8 there is no township assessor. |
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273 | 273 | | 9 These duties and authority include effecting the transfer of title to real |
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274 | 274 | | 10 property and preparing, maintaining, approving, correcting, indexing, |
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275 | 275 | | 11 and publishing the list or record of, or description of title to, real |
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276 | 276 | | 12 property. If a court renders a judgment for the partition or transfer of |
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277 | 277 | | 13 real property located in a county containing a consolidated city, the |
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278 | 278 | | 14 clerk of the court shall deliver the transcript to the county assessor. |
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279 | 279 | | 15 SECTION 6. IC 6-1.1-5.5-12, AS AMENDED BY P.L.148-2024, |
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280 | 280 | | 16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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281 | 281 | | 17 JULY 1, 2025]: Sec. 12. (a) A party to a conveyance who: |
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282 | 282 | | 18 (1) either: |
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283 | 283 | | 19 (A) files a sales disclosure form that does not contain all of the |
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284 | 284 | | 20 information required by this chapter; or |
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285 | 285 | | 21 (B) files a sales disclosure form that contains inaccurate |
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286 | 286 | | 22 information; |
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287 | 287 | | 23 and receives from the township assessor (in a county containing |
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288 | 288 | | 24 a consolidated city) or the county assessor (in any other county) |
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289 | 289 | | 25 written notice of the problems described in clause (A) or (B); and |
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290 | 290 | | 26 (2) fails to file a correct sales disclosure form that fully complies |
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291 | 291 | | 27 with all requirements of this chapter within thirty (30) days after |
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292 | 292 | | 28 the date of the notice under subdivision (1); |
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293 | 293 | | 29 is subject to a penalty in the amount determined under subsection (b). |
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294 | 294 | | 30 (b) The amount of the penalty under subsection (a) is the greater of: |
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295 | 295 | | 31 (1) one hundred dollars ($100); or |
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296 | 296 | | 32 (2) twenty-five thousandths percent (0.025%) of the sale price of |
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297 | 297 | | 33 the real property transferred under the conveyance document. |
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298 | 298 | | 34 (c) The township assessor in a county containing a consolidated city, |
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299 | 299 | | 35 or the county assessor in any other county, shall: |
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300 | 300 | | 36 (1) determine the penalty imposed under this section; |
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301 | 301 | | 37 (2) assess the penalty to the party to a conveyance; and |
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302 | 302 | | 38 (3) notify the party to the conveyance that the penalty is payable |
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303 | 303 | | 39 not later than thirty (30) days after notice of the assessment. |
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304 | 304 | | 40 (d) The county auditor shall: |
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305 | 305 | | 41 (1) collect the penalty imposed under this section; |
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306 | 306 | | 42 (2) deposit penalty collections as required under section 4 of this |
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307 | 307 | | 2025 IN 1193—LS 7071/DI 144 8 |
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308 | 308 | | 1 chapter; and |
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309 | 309 | | 2 (3) notify the prosecuting attorney of the appropriate judicial |
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310 | 310 | | 3 circuit of delinquent payments. |
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311 | 311 | | 4 (e) The prosecuting attorney of the appropriate judicial circuit shall |
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312 | 312 | | 5 initiate an action to recover a delinquent penalty under this section. In |
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313 | 313 | | 6 a successful action against a person for a delinquent penalty, the court |
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314 | 314 | | 7 shall award the prosecuting attorney reasonable attorney's fees. |
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315 | 315 | | 8 SECTION 7. IC 6-1.1-18.5-4.5, AS AMENDED BY P.L.1-2010, |
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316 | 316 | | 9 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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317 | 317 | | 10 JULY 1, 2025]: Sec. 4.5. The department of local government finance |
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318 | 318 | | 11 shall adjust the maximum permissible ad valorem tax levy of each |
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319 | 319 | | 12 county and township to reflect any transfer of duties between assessors |
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320 | 320 | | 13 under IC 36-2-15-5, or IC 36-6-5-2 (repealed), IC 36-6-5-5, or |
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321 | 321 | | 14 IC 36-6-5-6. |
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322 | 322 | | 15 SECTION 8. IC 36-2-15-0.3 IS REPEALED [EFFECTIVE JULY |
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323 | 323 | | 16 1, 2025]. Sec. 0.3. (a) The following are transferred to the county |
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324 | 324 | | 17 assessor: |
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325 | 325 | | 18 (1) On July 1, 2008: |
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326 | 326 | | 19 (A) employment positions as of June 30, 2008, of each elected |
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327 | 327 | | 20 township assessor in the county whose duties relating to the |
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328 | 328 | | 21 assessment of tangible property are transferred to the county |
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329 | 329 | | 22 assessor under IC 36-6-5-1(h), as added by P.L.146-2008, |
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330 | 330 | | 23 including: |
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331 | 331 | | 24 (i) the employment position of the elected township |
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332 | 332 | | 25 assessor; and |
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333 | 333 | | 26 (ii) the employment positions of all employees of the elected |
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334 | 334 | | 27 township assessor; |
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335 | 335 | | 28 (B) real and personal property of: |
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336 | 336 | | 29 (i) elected township assessors in the county whose duties |
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337 | 337 | | 30 relating to the assessment of tangible property are |
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338 | 338 | | 31 transferred to the county assessor under IC 36-6-5-1(h), as |
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339 | 339 | | 32 added by P.L.146-2008; and |
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340 | 340 | | 33 (ii) township trustee-assessors in the county; |
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341 | 341 | | 34 used solely to carry out property assessment duties; |
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342 | 342 | | 35 (C) obligations outstanding on June 30, 2008, of: |
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343 | 343 | | 36 (i) elected township assessors in the county whose duties |
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344 | 344 | | 37 relating to the assessment of tangible property are |
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345 | 345 | | 38 transferred to the county assessor under IC 36-6-5-1(h), as |
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346 | 346 | | 39 added by P.L.146-2008; and |
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347 | 347 | | 40 (ii) township trustee-assessors in the county; |
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348 | 348 | | 41 relating to the assessment of tangible property; and |
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349 | 349 | | 42 (D) funds of: |
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350 | 350 | | 2025 IN 1193—LS 7071/DI 144 9 |
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351 | 351 | | 1 (i) elected township assessors in the county whose duties |
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352 | 352 | | 2 relating to the assessment of tangible property are |
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353 | 353 | | 3 transferred to the county assessor under IC 36-6-5-1(h), as |
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354 | 354 | | 4 added by P.L.146-2008; and |
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355 | 355 | | 5 (ii) township trustee-assessors in the county; |
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356 | 356 | | 6 on hand for the purpose of carrying out property assessment |
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357 | 357 | | 7 duties in the amount determined by the county auditor. |
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358 | 358 | | 8 (2) On January 1, 2009: |
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359 | 359 | | 9 (A) employment positions as of December 31, 2008, of each |
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360 | 360 | | 10 elected township assessor in the county whose duties relating |
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361 | 361 | | 11 to the assessment of tangible property are transferred to the |
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362 | 362 | | 12 county assessor as the result of a referendum under this |
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363 | 363 | | 13 chapter, as amended by P.L.146-2008, including: |
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364 | 364 | | 14 (i) the employment position of the elected township |
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365 | 365 | | 15 assessor; and |
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366 | 366 | | 16 (ii) the employment positions of all employees of the elected |
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367 | 367 | | 17 township assessor; |
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368 | 368 | | 18 (B) real and personal property of elected township assessors in |
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369 | 369 | | 19 the county whose duties relating to the assessment of tangible |
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370 | 370 | | 20 property are transferred to the county assessor as the result of |
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371 | 371 | | 21 a referendum under this chapter, as amended by P.L.146-2008, |
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372 | 372 | | 22 used solely to carry out property assessment duties; |
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373 | 373 | | 23 (C) obligations outstanding on December 31, 2008, of elected |
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374 | 374 | | 24 township assessors in the county whose duties relating to the |
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375 | 375 | | 25 assessment of tangible property are transferred to the county |
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376 | 376 | | 26 assessor as the result of a referendum under this chapter, as |
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377 | 377 | | 27 amended by P.L.146-2008, relating to the assessment of |
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378 | 378 | | 28 tangible property; and |
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379 | 379 | | 29 (D) funds of elected township assessors in the county whose |
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380 | 380 | | 30 duties relating to the assessment of tangible property are |
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381 | 381 | | 31 transferred to the county assessor as the result of a referendum |
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382 | 382 | | 32 under this chapter, as amended by P.L.146-2008, on hand for |
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383 | 383 | | 33 the purpose of carrying out property assessment duties in the |
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384 | 384 | | 34 amount determined by the county auditor. |
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385 | 385 | | 35 (b) Before July 1, 2008, the county assessor shall interview, or give |
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386 | 386 | | 36 the opportunity to interview to, each individual who: |
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387 | 387 | | 37 (1) is an employee of: |
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388 | 388 | | 38 (A) an elected township assessor in the county whose duties |
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389 | 389 | | 39 relating to the assessment of tangible property are transferred |
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390 | 390 | | 40 to the county assessor under IC 36-6-5-1(h), as added by |
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391 | 391 | | 41 P.L.146-2008; or |
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392 | 392 | | 42 (B) a trustee-assessor in the county; |
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393 | 393 | | 2025 IN 1193—LS 7071/DI 144 10 |
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394 | 394 | | 1 as of March 19, 2008; and |
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395 | 395 | | 2 (2) applies before June 1, 2008, for an employment position |
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396 | 396 | | 3 referred to in subsection (a)(1)(A). |
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397 | 397 | | 4 (c) Before December 31, 2008, the county assessor shall interview, |
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398 | 398 | | 5 or give the opportunity to interview to, each individual who: |
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399 | 399 | | 6 (1) is an employee of an elected township assessor in the county |
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400 | 400 | | 7 whose duties relating to the assessment of tangible property are |
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401 | 401 | | 8 transferred to the county assessor as the result of a referendum |
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402 | 402 | | 9 under this chapter, as amended by P.L.146-2008, as of March 19, |
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403 | 403 | | 10 2008; and |
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404 | 404 | | 11 (2) applies before December 1, 2008, for an employment position |
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405 | 405 | | 12 referred to in subsection (a)(2)(A). |
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406 | 406 | | 13 (d) A township served on June 30, 2008, by a township assessor |
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407 | 407 | | 14 whose duties relating to the assessment of tangible property are |
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408 | 408 | | 15 transferred to the county assessor under IC 36-6-5-1(h), as added by |
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409 | 409 | | 16 P.L.146-2008 shall transfer to the county assessor all revenue received |
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410 | 410 | | 17 after the date of the transfer that is received by the township for the |
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411 | 411 | | 18 purpose of carrying out property assessment duties in the amount |
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412 | 412 | | 19 determined by the county auditor. |
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413 | 413 | | 20 SECTION 9. IC 36-6-1.5-7, AS ADDED BY P.L.240-2005, |
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414 | 414 | | 21 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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415 | 415 | | 22 JULY 1, 2025]: Sec. 7. If township governments merge under this |
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416 | 416 | | 23 chapter, |
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417 | 417 | | 24 (1) IC 36-6-6 applies to the election of the township board and |
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418 | 418 | | 25 (2) IC 36-6-5-1 applies to the election of a township assessor; |
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419 | 419 | | 26 of the new township government. |
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420 | 420 | | 27 SECTION 10. IC 36-6-5-1, AS AMENDED BY P.L.167-2015, |
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421 | 421 | | 28 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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422 | 422 | | 29 JULY 1, 2025]: Sec. 1. (a) Subject to subsection (g), before 2009, a |
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423 | 423 | | 30 township assessor shall be elected under IC 3-10-2-13 by the voters of |
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424 | 424 | | 31 each township: |
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425 | 425 | | 32 (1) having: |
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426 | 426 | | 33 (A) a population of more than eight thousand (8,000); or |
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427 | 427 | | 34 (B) an elected township assessor or the authority to elect a |
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428 | 428 | | 35 township assessor before January 1, 1979; and |
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429 | 429 | | 36 (2) in which the number of parcels of real property on January 1, |
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430 | 430 | | 37 2008, is at least fifteen thousand (15,000). |
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431 | 431 | | 38 (b) Subject to subsection (g), before 2009, a township assessor shall |
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432 | 432 | | 39 be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each |
---|
433 | 433 | | 40 township: |
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434 | 434 | | 41 (1) having a population of more than five thousand (5,000) but |
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435 | 435 | | 42 not more than eight thousand (8,000), if: |
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436 | 436 | | 2025 IN 1193—LS 7071/DI 144 11 |
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437 | 437 | | 1 (A) the legislative body of the township, by resolution, |
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438 | 438 | | 2 declares that the office of township assessor is necessary; and |
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439 | 439 | | 3 (B) the resolution is filed with the county election board not |
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440 | 440 | | 4 later than the first date that a declaration of candidacy may be |
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441 | 441 | | 5 filed under IC 3-8-2; and |
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442 | 442 | | 6 (2) in which the number of parcels of real property on January 1, |
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443 | 443 | | 7 2008, is at least fifteen thousand (15,000). |
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444 | 444 | | 8 (c) Subject to subsection (g), a township government that is created |
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445 | 445 | | 9 by merger under IC 36-6-1.5 shall elect only one (1) township assessor |
---|
446 | 446 | | 10 under this section. |
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447 | 447 | | 11 (d) Subject to subsection (g), after 2008 a township assessor shall |
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448 | 448 | | 12 be elected under IC 3-10-2-13 only by the voters of each township in |
---|
449 | 449 | | 13 which: |
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450 | 450 | | 14 (1) the number of parcels of real property on January 1, 2008, is |
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451 | 451 | | 15 at least fifteen thousand (15,000); and |
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452 | 452 | | 16 (2) the transfer to the county assessor of the assessment duties |
---|
453 | 453 | | 17 prescribed by IC 6-1.1 is disapproved in the referendum under |
---|
454 | 454 | | 18 IC 36-2-15. |
---|
455 | 455 | | 19 (e) (a) The township assessor must reside within the township as |
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456 | 456 | | 20 provided in Article 6, Section 6 of the Constitution of the State of |
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457 | 457 | | 21 Indiana. The assessor forfeits office if the assessor ceases to be a |
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458 | 458 | | 22 resident of the township. |
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459 | 459 | | 23 (f) (b) The term of office of a township assessor is four (4) years, |
---|
460 | 460 | | 24 beginning January 1 after election. and continuing until a successor is |
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461 | 461 | | 25 elected and qualified. However, the term of office of a township |
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462 | 462 | | 26 assessor elected at a general election in which no other township |
---|
463 | 463 | | 27 officer is elected ends on December 31 after the next election in which |
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464 | 464 | | 28 any other township officer is elected. |
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465 | 465 | | 29 (g) (c) To be eligible to serve as a township assessor, an individual |
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466 | 466 | | 30 must meet the following qualifications before taking office: |
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467 | 467 | | 31 (1) If the individual has never held the office of township |
---|
468 | 468 | | 32 assessor, the individual must have attained a level two |
---|
469 | 469 | | 33 assessor-appraiser certification under IC 6-1.1-35.5. |
---|
470 | 470 | | 34 (2) If the individual has held the office of township assessor, the |
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471 | 471 | | 35 individual must have attained a level three assessor-appraiser |
---|
472 | 472 | | 36 certification under IC 6-1.1-35.5. |
---|
473 | 473 | | 37 (h) After June 30, 2008, the county assessor shall perform the |
---|
474 | 474 | | 38 assessment duties prescribed by IC 6-1.1 in a township in which the |
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475 | 475 | | 39 number of parcels of real property on January 1, 2008, is less than |
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476 | 476 | | 40 fifteen thousand (15,000). |
---|
477 | 477 | | 41 (d) This section expires January 1, 2028. |
---|
478 | 478 | | 42 SECTION 11. IC 36-6-5-3, AS AMENDED BY P.L.146-2008, |
---|
479 | 479 | | 2025 IN 1193—LS 7071/DI 144 12 |
---|
480 | 480 | | 1 SECTION 711, IS AMENDED TO READ AS FOLLOWS |
---|
481 | 481 | | 2 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Except as provided in |
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482 | 482 | | 3 subsection (b), the assessor shall perform the duties prescribed by |
---|
483 | 483 | | 4 statute, including assessment duties prescribed by IC 6-1.1. |
---|
484 | 484 | | 5 (b) Subsection (a) does not apply if the duties of the township |
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485 | 485 | | 6 assessor have been transferred to the county assessor as described in |
---|
486 | 486 | | 7 IC 6-1.1-1-24 or IC 36-2-15. |
---|
487 | 487 | | 8 (c) This section expires January 1, 2028. |
---|
488 | 488 | | 9 SECTION 12. IC 36-6-5-4, AS AMENDED BY P.L.167-2015, |
---|
489 | 489 | | 10 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
490 | 490 | | 11 JULY 1, 2025]: Sec. 4. (a) Before July 1, 2017, an employee of a |
---|
491 | 491 | | 12 township assessor who performs real property assessing duties must |
---|
492 | 492 | | 13 have attained the level of certification under IC 6-1.1-35.5 that the |
---|
493 | 493 | | 14 township assessor is required to attain under section 1(g) 1(c) of this |
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494 | 494 | | 15 chapter. |
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495 | 495 | | 16 (b) After June 30, 2017, an employee of a township assessor who is |
---|
496 | 496 | | 17 responsible for placing an assessed valuation on real property must |
---|
497 | 497 | | 18 have attained the certification of a level three assessor-appraiser under |
---|
498 | 498 | | 19 IC 6-1.1-35.5. |
---|
499 | 499 | | 20 (c) This subsection applies after June 30, 2017. If the township |
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500 | 500 | | 21 assessor has not attained the certification of a level three |
---|
501 | 501 | | 22 assessor-appraiser under IC 6-1.1-35.5, the township fiscal body shall |
---|
502 | 502 | | 23 authorize either of the following: |
---|
503 | 503 | | 24 (1) The appointment of at least one (1) deputy or employee who |
---|
504 | 504 | | 25 has attained the certification of a level three assessor-appraiser |
---|
505 | 505 | | 26 under IC 6-1.1-35.5. |
---|
506 | 506 | | 27 (2) Contracting with a person who has attained, or who employs |
---|
507 | 507 | | 28 for purposes of the contract an individual who has attained, the |
---|
508 | 508 | | 29 certification of a level three assessor-appraiser under |
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509 | 509 | | 30 IC 6-1.1-35.5. The individual under contract with the township |
---|
510 | 510 | | 31 assessor under this subdivision shall assist the township assessor |
---|
511 | 511 | | 32 with assessment duties as determined by the township assessor. |
---|
512 | 512 | | 33 Payment for the deputy, employee, or contractor shall be made from the |
---|
513 | 513 | | 34 budget for the township assessor. |
---|
514 | 514 | | 35 (d) This section expires January 1, 2028. |
---|
515 | 515 | | 36 SECTION 13. IC 36-6-5-5 IS ADDED TO THE INDIANA CODE |
---|
516 | 516 | | 37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
---|
517 | 517 | | 38 UPON PASSAGE]: Sec. 5. (a) If the office of a township assessor |
---|
518 | 518 | | 39 becomes vacant, the following apply on the date the office becomes |
---|
519 | 519 | | 40 vacant: |
---|
520 | 520 | | 41 (1) The office of township assessor for that township is |
---|
521 | 521 | | 42 abolished. |
---|
522 | 522 | | 2025 IN 1193—LS 7071/DI 144 13 |
---|
523 | 523 | | 1 (2) The county assessor of the county in which the township is |
---|
524 | 524 | | 2 located shall assume the duties of the township assessor. |
---|
525 | 525 | | 3 (3) All of the following are transferred to the county assessor: |
---|
526 | 526 | | 4 (A) All employment positions of all employees of the |
---|
527 | 527 | | 5 township assessor. |
---|
528 | 528 | | 6 (B) The real and personal property of the township |
---|
529 | 529 | | 7 assessor. |
---|
530 | 530 | | 8 (C) The obligations outstanding on the date the office of |
---|
531 | 531 | | 9 township assessor becomes vacant. |
---|
532 | 532 | | 10 (D) The funds of the township assessor. |
---|
533 | 533 | | 11 (b) An employee of the office of the township assessor on the |
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534 | 534 | | 12 date the office of the township assessor becomes vacant is entitled |
---|
535 | 535 | | 13 to remain in the employee's position transferred under subsection |
---|
536 | 536 | | 14 (a) until the earlier of the following: |
---|
537 | 537 | | 15 (1) The employee resigns from the position. |
---|
538 | 538 | | 16 (2) The employee's employment is terminated. However, an |
---|
539 | 539 | | 17 employee described in this subsection may be terminated only |
---|
540 | 540 | | 18 in the same manner that other employees of the county |
---|
541 | 541 | | 19 assessor may be terminated. |
---|
542 | 542 | | 20 (c) The county auditor shall transfer to the county assessor all |
---|
543 | 543 | | 21 revenue received by the township: |
---|
544 | 544 | | 22 (1) through the date that the office of the township assessor |
---|
545 | 545 | | 23 became vacant; and |
---|
546 | 546 | | 24 (2) for the purpose of carrying out property assessment |
---|
547 | 547 | | 25 duties; |
---|
548 | 548 | | 26 in the amount determined by the county auditor. |
---|
549 | 549 | | 27 SECTION 14. IC 36-6-5-6 IS ADDED TO THE INDIANA CODE |
---|
550 | 550 | | 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
551 | 551 | | 29 1, 2025]: Sec. 6. (a) This section applies to the office of a township |
---|
552 | 552 | | 30 assessor in existence on December 31, 2027. |
---|
553 | 553 | | 31 (b) On January 1, 2028, the office of township assessor is |
---|
554 | 554 | | 32 abolished. |
---|
555 | 555 | | 33 (c) On January 1, 2028, all the powers and duties of the |
---|
556 | 556 | | 34 township assessor are transferred to the county assessor of the |
---|
557 | 557 | | 35 county in which the township is located. |
---|
558 | 558 | | 36 (d) On January 1, 2028, all of the following are transferred to |
---|
559 | 559 | | 37 the county assessor: |
---|
560 | 560 | | 38 (1) All employment positions as of December 31, 2027, of each |
---|
561 | 561 | | 39 township assessor in the county, including all of the following: |
---|
562 | 562 | | 40 (A) The employment position of the township assessor. |
---|
563 | 563 | | 41 (B) The employment positions of all employees of the |
---|
564 | 564 | | 42 township assessor. |
---|
565 | 565 | | 2025 IN 1193—LS 7071/DI 144 14 |
---|
566 | 566 | | 1 (2) The real and personal property of each township assessor |
---|
567 | 567 | | 2 in the county. |
---|
568 | 568 | | 3 (3) The obligations outstanding on December 31, 2027, of each |
---|
569 | 569 | | 4 township assessor in the county. |
---|
570 | 570 | | 5 (4) The funds of each township assessor in the county. |
---|
571 | 571 | | 6 (e) Before January 1, 2028, the county assessor shall interview, |
---|
572 | 572 | | 7 or give the opportunity to interview to, each individual who: |
---|
573 | 573 | | 8 (1) is, as of October 1, 2027, an employee of a township |
---|
574 | 574 | | 9 assessor in the county; and |
---|
575 | 575 | | 10 (2) applies before December 1, 2027, for an employment |
---|
576 | 576 | | 11 position referred to in subsection (d)(1). |
---|
577 | 577 | | 12 (f) The county auditor shall transfer to the county assessor all |
---|
578 | 578 | | 13 revenue received after December 31, 2027, by the township for the |
---|
579 | 579 | | 14 purpose of carrying out property assessment duties in the amount |
---|
580 | 580 | | 15 determined by the county auditor. |
---|
581 | 581 | | 16 SECTION 15. IC 36-6-5-7 IS ADDED TO THE INDIANA CODE |
---|
582 | 582 | | 17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
583 | 583 | | 18 1, 2025]: Sec. 7. (a) Each county assessor and township assessor |
---|
584 | 584 | | 19 whose duties will be transferred under section 6 of this chapter |
---|
585 | 585 | | 20 shall: |
---|
586 | 586 | | 21 (1) organize the records of the assessor's office relating to the |
---|
587 | 587 | | 22 assessment of tangible property in a manner prescribed by the |
---|
588 | 588 | | 23 department of local government finance; and |
---|
589 | 589 | | 24 (2) transfer the records before January 1, 2028, as directed by |
---|
590 | 590 | | 25 the department of local government finance. |
---|
591 | 591 | | 26 (b) The department of local government finance shall determine |
---|
592 | 592 | | 27 a procedure and schedule for the transfer of the records and |
---|
593 | 593 | | 28 operations. The assessors shall assist each other and coordinate |
---|
594 | 594 | | 29 their efforts to: |
---|
595 | 595 | | 30 (1) ensure an orderly transfer of all records; and |
---|
596 | 596 | | 31 (2) provide for an uninterrupted and professional transition |
---|
597 | 597 | | 32 of the functions of assessors consistent with this chapter, |
---|
598 | 598 | | 33 IC 6-1.1, and the directions of the department of local |
---|
599 | 599 | | 34 government finance. |
---|
600 | 600 | | 35 SECTION 16. IC 36-6-5-9 IS ADDED TO THE INDIANA CODE |
---|
601 | 601 | | 36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
602 | 602 | | 37 1, 2025]: Sec. 9. This chapter expires January 1, 2030. |
---|
603 | 603 | | 38 SECTION 17. IC 36-7-11.2-11, AS AMENDED BY P.L.219-2007, |
---|
604 | 604 | | 39 SECTION 121, IS AMENDED TO READ AS FOLLOWS |
---|
605 | 605 | | 40 [EFFECTIVE JULY 1, 2025]: Sec. 11. As used in this chapter, "notice" |
---|
606 | 606 | | 41 means written notice: |
---|
607 | 607 | | 42 (1) served personally upon the person, official, or office entitled |
---|
608 | 608 | | 2025 IN 1193—LS 7071/DI 144 15 |
---|
609 | 609 | | 1 to the notice; or |
---|
610 | 610 | | 2 (2) served upon the person, official, or office by placing the notice |
---|
611 | 611 | | 3 in the United States mail, first class postage prepaid, properly |
---|
612 | 612 | | 4 addressed to the person, official, or office. Notice is considered |
---|
613 | 613 | | 5 served if mailed in the manner prescribed by this subdivision |
---|
614 | 614 | | 6 properly addressed to the following: |
---|
615 | 615 | | 7 (A) The governor, both to the address of the governor's official |
---|
616 | 616 | | 8 residence and to the governor's executive office in |
---|
617 | 617 | | 9 Indianapolis. |
---|
618 | 618 | | 10 (B) The Indiana department of transportation, to the |
---|
619 | 619 | | 11 commissioner. |
---|
620 | 620 | | 12 (C) The department of natural resources, both to the director |
---|
621 | 621 | | 13 of the department and to the director of the department's |
---|
622 | 622 | | 14 division of historic preservation and archeology. |
---|
623 | 623 | | 15 (D) The department of metropolitan development. |
---|
624 | 624 | | 16 (E) An occupant, to: |
---|
625 | 625 | | 17 (i) the person by name; or |
---|
626 | 626 | | 18 (ii) if the name is unknown, the "Occupant" at the address of |
---|
627 | 627 | | 19 the Meridian Street or bordering property occupied by the |
---|
628 | 628 | | 20 person. |
---|
629 | 629 | | 21 (F) An owner, to the person by the name shown to be the name |
---|
630 | 630 | | 22 of the owner, and at the person's address, as the address |
---|
631 | 631 | | 23 appears in the records in the bound volumes of the most recent |
---|
632 | 632 | | 24 real estate tax assessment records as the records appear in |
---|
633 | 633 | | 25 (i) the offices of the township assessors; or |
---|
634 | 634 | | 26 (ii) the office of the county assessor |
---|
635 | 635 | | 27 in Marion County. |
---|
636 | 636 | | 28 (G) A neighborhood association or the society, to the |
---|
637 | 637 | | 29 organization at the latest address as shown in the records of the |
---|
638 | 638 | | 30 commission. |
---|
639 | 639 | | 31 SECTION 18. IC 36-7-11.2-58, AS AMENDED BY P.L.146-2008, |
---|
640 | 640 | | 32 SECTION 719, IS AMENDED TO READ AS FOLLOWS |
---|
641 | 641 | | 33 [EFFECTIVE JULY 1, 2025]: Sec. 58. (a) A person who has filed a |
---|
642 | 642 | | 34 petition under section 56 or 57 of this chapter shall, not later than ten |
---|
643 | 643 | | 35 (10) days after the filing, serve notice upon all interested parties. The |
---|
644 | 644 | | 36 notice must state the following: |
---|
645 | 645 | | 37 (1) The full name and address of the following: |
---|
646 | 646 | | 38 (A) The petitioner. |
---|
647 | 647 | | 39 (B) Each attorney acting for and on behalf of the petitioner. |
---|
648 | 648 | | 40 (2) The street address of the Meridian Street and bordering |
---|
649 | 649 | | 41 property for which the petition was filed. |
---|
650 | 650 | | 42 (3) The name of the owner of the property. |
---|
651 | 651 | | 2025 IN 1193—LS 7071/DI 144 16 |
---|
652 | 652 | | 1 (4) The full name and address of, and the type of business, if any, |
---|
653 | 653 | | 2 conducted by: |
---|
654 | 654 | | 3 (A) each person who at the time of the filing is a party to; and |
---|
655 | 655 | | 4 (B) each person who is a disclosed or an undisclosed principal |
---|
656 | 656 | | 5 for whom the party was acting as agent in entering into; |
---|
657 | 657 | | 6 a contract of sale, lease, option to purchase or lease, agreement to |
---|
658 | 658 | | 7 build or develop, or other written agreement of any kind or nature |
---|
659 | 659 | | 8 concerning the subject property or the present or future |
---|
660 | 660 | | 9 ownership, use, occupancy, possession, or development of the |
---|
661 | 661 | | 10 subject property. |
---|
662 | 662 | | 11 (5) A description of the contract of sale, lease, option to purchase |
---|
663 | 663 | | 12 or lease, agreement to build or develop, or other written |
---|
664 | 664 | | 13 agreement sufficient to disclose the full nature of the interest of |
---|
665 | 665 | | 14 the party or of the party's principal in the subject property or in |
---|
666 | 666 | | 15 the present or future ownership, use, occupancy, possession, or |
---|
667 | 667 | | 16 development of the subject property. |
---|
668 | 668 | | 17 (6) A description of the proposed use for which the rezoning or |
---|
669 | 669 | | 18 zoning variance is sought, sufficiently detailed to appraise the |
---|
670 | 670 | | 19 notice recipient of the true character, nature, extent, and physical |
---|
671 | 671 | | 20 properties of the proposed use. |
---|
672 | 672 | | 21 (7) The date of the filing of the petition. |
---|
673 | 673 | | 22 (8) The date, time, and place of the next regular meeting of the |
---|
674 | 674 | | 23 commission if a petition is for approval of a zoning variance. If a |
---|
675 | 675 | | 24 petition is filed with the development commission, the notice does |
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676 | 676 | | 25 not have to specify the date of a hearing before the commission or |
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677 | 677 | | 26 the development commission. However, the person filing the |
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678 | 678 | | 27 petition shall give ten (10) days notice of the date, time, and place |
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679 | 679 | | 28 of a hearing before the commission on the petition after the |
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680 | 680 | | 29 referral of the petition to the commission by the development |
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681 | 681 | | 30 commission. |
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682 | 682 | | 31 (b) For purposes of giving notice to the interested parties who are |
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683 | 683 | | 32 owners, the records in the bound volumes of the recent real estate tax |
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684 | 684 | | 33 assessment records as the records appear in |
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685 | 685 | | 34 (1) the offices of the township assessors (if any); or |
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686 | 686 | | 35 (2) the office of the county assessor |
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687 | 687 | | 36 as of the date of filing are considered determinative of the persons who |
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688 | 688 | | 37 are owners. |
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689 | 689 | | 38 SECTION 19. IC 36-7-15.1-32, AS AMENDED BY P.L.146-2008, |
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690 | 690 | | 39 SECTION 759, IS AMENDED TO READ AS FOLLOWS |
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691 | 691 | | 40 [EFFECTIVE JULY 1, 2025]: Sec. 32. (a) The commission must |
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692 | 692 | | 41 establish a program for housing. The program, which may include such |
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693 | 693 | | 42 elements as the commission considers appropriate, must be adopted as |
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694 | 694 | | 2025 IN 1193—LS 7071/DI 144 17 |
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695 | 695 | | 1 part of a redevelopment plan or amendment to a redevelopment plan, |
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696 | 696 | | 2 and must establish an allocation area for purposes of sections 26 and |
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697 | 697 | | 3 35 of this chapter for the accomplishment of the program. |
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698 | 698 | | 4 (b) The notice and hearing provisions of sections 10 and 10.5 of this |
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699 | 699 | | 5 chapter apply to the resolution adopted under subsection (a). Judicial |
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700 | 700 | | 6 review of the resolution may be made under section 11 of this chapter. |
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701 | 701 | | 7 (c) Before formal submission of any housing program to the |
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702 | 702 | | 8 commission, the department shall consult with persons interested in or |
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703 | 703 | | 9 affected by the proposed program and provide the affected |
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704 | 704 | | 10 neighborhood associations, residents, township assessors (if any), and |
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705 | 705 | | 11 the county assessor with an adequate opportunity to participate in an |
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706 | 706 | | 12 advisory role in planning, implementing, and evaluating the proposed |
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707 | 707 | | 13 program. The department may hold public meetings in the affected |
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708 | 708 | | 14 neighborhood to obtain the views of neighborhood associations and |
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709 | 709 | | 15 residents. |
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710 | 710 | | 16 SECTION 20. IC 36-9-11.1-11, AS AMENDED BY P.L.146-2008, |
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711 | 711 | | 17 SECTION 789, IS AMENDED TO READ AS FOLLOWS |
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712 | 712 | | 18 [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) All property of every kind, |
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713 | 713 | | 19 including air rights, acquired for off-street parking purposes, and all its |
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714 | 714 | | 20 funds and receipts, are exempt from taxation for all purposes. When |
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715 | 715 | | 21 any real property is acquired by the consolidated city, the county |
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716 | 716 | | 22 auditor shall, upon certification of that fact by the board, cancel all |
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717 | 717 | | 23 taxes then a lien. The certificate of the board must specifically describe |
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718 | 718 | | 24 the real property, including air rights, and the purpose for which |
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719 | 719 | | 25 acquired. |
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720 | 720 | | 26 (b) A lessee of the city may not be assessed any tax upon any land, |
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721 | 721 | | 27 air rights, or improvements leased from the city, but the separate |
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722 | 722 | | 28 leasehold interest has the same status as leases on taxable real property, |
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723 | 723 | | 29 notwithstanding any other law. Whenever the city sells any such |
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724 | 724 | | 30 property to anyone for private use, the property becomes liable for all |
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725 | 725 | | 31 taxes after that, as other property is so liable and is assessed, and the |
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726 | 726 | | 32 board shall report all such sales to the township assessor, or the county |
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727 | 727 | | 33 assessor, if there is no township assessor for the township, who shall |
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728 | 728 | | 34 cause the property to be upon the proper tax records. |
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729 | 729 | | 35 (c) If the duties of the township assessor have been transferred to the |
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730 | 730 | | 36 county assessor as described in IC 6-1.1-1-24, a reference to the |
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731 | 731 | | 37 township assessor in this section is considered to be a reference to the |
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732 | 732 | | 38 county assessor. |
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733 | 733 | | 39 SECTION 21. [EFFECTIVE JULY 1, 2025] (a) The legislative |
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734 | 734 | | 40 services agency, under the supervision of the code revision |
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735 | 735 | | 41 committee, shall prepare legislation for introduction during the |
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736 | 736 | | 42 2028 session of the general assembly to amend Indiana law to make |
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737 | 737 | | 2025 IN 1193—LS 7071/DI 144 18 |
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738 | 738 | | 1 necessary corrections and changes in the Indiana Code to reflect |
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739 | 739 | | 2 the abolition of the office of township assessor. |
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740 | 740 | | 3 (b) This SECTION expires July 1, 2030. |
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741 | 741 | | 4 SECTION 22. An emergency is declared for this act. |
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742 | 742 | | 2025 IN 1193—LS 7071/DI 144 |
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