1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1437 |
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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 6-1.1-18.5-31. |
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7 | 7 | | Synopsis: Township maximum property tax levy. Provides that a |
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8 | 8 | | township may increase its maximum property tax levy if the township: |
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9 | 9 | | (1) has a population of more than 10,000; or (2) experiences population |
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10 | 10 | | growth of at least 4,000 during a 10 year period. Prescribes the |
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11 | 11 | | maximum amount of increase in a township's maximum property tax |
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12 | 12 | | levy. Prescribes a township's maximum property tax levy following an |
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13 | 13 | | increase. |
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14 | 14 | | Effective: July 1, 2025. |
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15 | 15 | | Campbell |
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16 | 16 | | January 21, 2025, read first time and referred to Committee on Ways and Means. |
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17 | 17 | | 2025 IN 1437—LS 6515/DI 125 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. 1437 |
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29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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30 | 30 | | taxation. |
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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 6-1.1-18.5-31 IS ADDED TO THE INDIANA |
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33 | 33 | | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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34 | 34 | | 3 [EFFECTIVE JULY 1, 2025]: Sec. 31. (a) Subject to subsection (b), |
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35 | 35 | | 4 the executive of a township may, upon approval by the township |
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36 | 36 | | 5 fiscal body, submit a petition to the department of local |
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37 | 37 | | 6 government finance for an increase in the township's maximum |
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38 | 38 | | 7 permissible ad valorem property tax levy for property taxes first |
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39 | 39 | | 8 due and payable in any particular year for which a petition is |
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40 | 40 | | 9 submitted under this section if: |
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41 | 41 | | 10 (1) the township has a population of more than ten thousand |
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42 | 42 | | 11 (10,000); or |
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43 | 43 | | 12 (2) during the ten (10) year period immediately preceding the |
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44 | 44 | | 13 year in which the petition is submitted, the township had an |
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45 | 45 | | 14 increase in the township's population of at least four thousand |
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46 | 46 | | 15 (4,000); |
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47 | 47 | | 16 as determined by the township fiscal body, and as may be |
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48 | 48 | | 17 prescribed by the department of local government finance. The |
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49 | 49 | | 2025 IN 1437—LS 6515/DI 125 2 |
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50 | 50 | | 1 township fiscal body may use the most recently available |
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51 | 51 | | 2 population data issued by the Bureau of the Census during the ten |
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52 | 52 | | 3 (10) year period immediately preceding the petition. |
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53 | 53 | | 4 (b) Before the township fiscal body may approve a petition |
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54 | 54 | | 5 under subsection (a), the township fiscal body shall hold a public |
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55 | 55 | | 6 hearing on the petition. The township fiscal body shall give notice |
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56 | 56 | | 7 of the public hearing under IC 5-3-1. At the public hearing, the |
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57 | 57 | | 8 township fiscal body shall make available to the public the |
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58 | 58 | | 9 following: |
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59 | 59 | | 10 (1) A fiscal plan describing the need for the increase to the |
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60 | 60 | | 11 levy and the expenditures for which the revenue generated |
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61 | 61 | | 12 from the increase to the levy will be used. |
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62 | 62 | | 13 (2) A statement that the proposed increase will be a |
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63 | 63 | | 14 permanent increase to the township's maximum permissible |
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64 | 64 | | 15 ad valorem property tax levy. |
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65 | 65 | | 16 (3) The estimated effect of the proposed increase on |
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66 | 66 | | 17 taxpayers. |
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67 | 67 | | 18 After the township fiscal body approves the petition, the township |
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68 | 68 | | 19 shall immediately notify the other civil taxing units and school |
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69 | 69 | | 20 corporations in the county that are located in a taxing district |
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70 | 70 | | 21 where the township is also located. |
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71 | 71 | | 22 (c) Subject to subsection (e), if the executive of the township |
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72 | 72 | | 23 submits a petition under subsection (a), the department of local |
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73 | 73 | | 24 government finance shall increase the maximum permissible ad |
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74 | 74 | | 25 valorem property tax levy for property taxes first due and payable |
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75 | 75 | | 26 in the year for which the petition is submitted to an amount that |
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76 | 76 | | 27 would result in an increase in the property tax rate that may not |
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77 | 77 | | 28 exceed one-half cent ($0.005) per one hundred dollars ($100) of |
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78 | 78 | | 29 assessed valuation. |
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79 | 79 | | 30 (d) Subject to subsection (e), the township's maximum |
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80 | 80 | | 31 permissible ad valorem property tax levy for property taxes first |
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81 | 81 | | 32 due and payable in the year for which the petition is submitted, as |
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82 | 82 | | 33 adjusted under this section, shall be used in the determination of |
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83 | 83 | | 34 the township's maximum permissible ad valorem property tax levy |
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84 | 84 | | 35 under this chapter for property taxes first due and payable in the |
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85 | 85 | | 36 year immediately following the first year of the increase and |
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86 | 86 | | 37 thereafter. |
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87 | 87 | | 38 (e) The executive of a township that meets the requirements |
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88 | 88 | | 39 under subsection (a) may submit a petition to the department of |
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89 | 89 | | 40 local government finance under this section in multiple years. |
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90 | 90 | | 41 However, if a township receives an increase under this section, the |
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91 | 91 | | 42 township's maximum permissible ad valorem property tax levy |
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92 | 92 | | 2025 IN 1437—LS 6515/DI 125 3 |
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93 | 93 | | 1 under this chapter for property taxes first due and payable in the |
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94 | 94 | | 2 year immediately following any increase may not exceed the |
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95 | 95 | | 3 following: |
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96 | 96 | | 4 (1) In the case of a township that has a percentage increase in |
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97 | 97 | | 5 the township's population of not more than seven and one-half |
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98 | 98 | | 6 percent (7.5%), as determined by the township fiscal body, |
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99 | 99 | | 7 and as may be prescribed by the department of local |
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100 | 100 | | 8 government finance, during the ten (10) year period |
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101 | 101 | | 9 immediately preceding the year in which the petition is |
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102 | 102 | | 10 submitted, an amount that would result in a property tax rate |
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103 | 103 | | 11 that may not exceed one cent ($0.01) per one hundred dollars |
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104 | 104 | | 12 ($100) of assessed valuation. |
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105 | 105 | | 13 (2) In the case of a township that has a percentage increase in |
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106 | 106 | | 14 the township's population of more than seven and one-half |
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107 | 107 | | 15 percent (7.5%), as determined by the township fiscal body, |
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108 | 108 | | 16 and as may be prescribed by the department of local |
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109 | 109 | | 17 government finance, during the ten (10) year period |
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110 | 110 | | 18 immediately preceding the year in which the petition is |
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111 | 111 | | 19 submitted, an amount that would result in a property tax rate |
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112 | 112 | | 20 that may not exceed two and one-half cents ($0.025) per one |
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113 | 113 | | 21 hundred dollars ($100) of assessed valuation. |
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114 | 114 | | 22 The township fiscal body may use the most recently available |
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115 | 115 | | 23 population data issued by the Bureau of the Census during the ten |
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116 | 116 | | 24 (10) year period immediately preceding the petition. |
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117 | 117 | | 25 (f) This section expires June 30, 2030. |
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118 | 118 | | 2025 IN 1437—LS 6515/DI 125 |
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