1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1469 |
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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 6-3.6-9-15. |
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7 | 7 | | Synopsis: Local income tax supplemental distributions. Changes the |
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8 | 8 | | local income tax threshold percentages of a county trust account for |
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9 | 9 | | purposes of determining whether a county shall receive a supplemental |
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10 | 10 | | distribution. |
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11 | 11 | | Effective: January 1, 2025 (retroactive). |
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12 | 12 | | Porter |
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13 | 13 | | January 21, 2025, read first time and referred to Committee on Ways and Means. |
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14 | 14 | | 2025 IN 1469—LS 6415/DI 116 Introduced |
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15 | 15 | | First Regular Session of the 124th General Assembly (2025) |
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16 | 16 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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17 | 17 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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18 | 18 | | additions will appear in this style type, and deletions will appear in this style type. |
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19 | 19 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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20 | 20 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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21 | 21 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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22 | 22 | | a new provision to the Indiana Code or the Indiana Constitution. |
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23 | 23 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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24 | 24 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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25 | 25 | | HOUSE BILL No. 1469 |
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26 | 26 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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27 | 27 | | taxation. |
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28 | 28 | | Be it enacted by the General Assembly of the State of Indiana: |
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29 | 29 | | 1 SECTION 1. IC 6-3.6-9-15, AS AMENDED BY P.L.239-2023, |
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30 | 30 | | 2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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31 | 31 | | 3 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 15. (a) If the budget |
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32 | 32 | | 4 agency determines that the balance in a county trust account exceeds: |
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33 | 33 | | 5 (1) for a determination year ending before January 1, 2026, |
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34 | 34 | | 6 fifteen percent (15%); |
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35 | 35 | | 7 (2) for a determination year beginning after December 31, |
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36 | 36 | | 8 2025, and ending before January 1, 2027, twelve and |
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37 | 37 | | 9 five-tenths percent (12.5%); and |
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38 | 38 | | 10 (3) for a determination year beginning after December 31, |
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39 | 39 | | 11 2026, ten percent (10%); |
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40 | 40 | | 12 of the certified distributions to be made to the county in the |
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41 | 41 | | 13 determination year, the budget agency shall make a supplemental |
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42 | 42 | | 14 distribution to the county from the county's trust account. The budget |
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43 | 43 | | 15 agency shall use the trust account balance as of December 31 of the |
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44 | 44 | | 16 year that precedes the determination year by two (2) years (referred to |
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45 | 45 | | 17 as the "trust account balance year" in this section). |
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46 | 46 | | 2025 IN 1469—LS 6415/DI 116 2 |
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47 | 47 | | 1 (b) A supplemental distribution described in subsection (a) must be: |
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48 | 48 | | 2 (1) made at the same time as the determinations are provided to |
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49 | 49 | | 3 the county auditor under subsection (d)(3); and |
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50 | 50 | | 4 (2) allocated in the same manner as certified distributions for the |
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51 | 51 | | 5 purposes described in this article. |
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52 | 52 | | 6 (c) The amount of a supplemental distribution described in |
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53 | 53 | | 7 subsection (a) is equal to the amount by which: |
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54 | 54 | | 8 (1) the balance in the county trust account; minus |
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55 | 55 | | 9 (2) the amount of any supplemental or special distribution that has |
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56 | 56 | | 10 not yet been accounted for in the last known balance of the |
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57 | 57 | | 11 county's trust account; |
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58 | 58 | | 12 exceeds, for a determination year ending before January 1, 2026, |
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59 | 59 | | 13 fifteen percent (15%), for a determination year beginning after |
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60 | 60 | | 14 December 31, 2025, and ending before January 1, 2027, twelve and |
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61 | 61 | | 15 five-tenths percent (12.5%), and for a determination year |
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62 | 62 | | 16 beginning after December 31, 2026, ten percent (10%) of the |
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63 | 63 | | 17 certified distributions to be made to the county in the determination |
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64 | 64 | | 18 year. |
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65 | 65 | | 19 (d) For a county that qualifies for a supplemental distribution under |
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66 | 66 | | 20 this section in a year, the following apply: |
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67 | 67 | | 21 (1) Before February 15, the budget agency shall update the |
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68 | 68 | | 22 information described in section 9 of this chapter to include the |
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69 | 69 | | 23 excess account balances to be distributed under this section. |
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70 | 70 | | 24 (2) Before May 2, the budget agency shall provide the amount of |
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71 | 71 | | 25 the supplemental distribution for the county to the department of |
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72 | 72 | | 26 local government finance and to the county auditor. |
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73 | 73 | | 27 (3) The department of local government finance shall determine |
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74 | 74 | | 28 for the county and each taxing unit within the county: |
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75 | 75 | | 29 (A) the amount and allocation of the supplemental distribution |
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76 | 76 | | 30 attributable to the taxes that were imposed as of December 31 |
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77 | 77 | | 31 of the trust account balance year, including any specific |
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78 | 78 | | 32 distributions for that year; and |
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79 | 79 | | 33 (B) the amount of the allocation for each of the purposes set |
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80 | 80 | | 34 forth in this article, using the allocation percentages in effect |
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81 | 81 | | 35 in the trust account balance year. |
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82 | 82 | | 36 The department of local government finance shall provide these |
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83 | 83 | | 37 determinations to the county auditor before May 16 of the |
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84 | 84 | | 38 determination year. |
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85 | 85 | | 39 (4) Before June 1, the county auditor shall distribute to each |
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86 | 86 | | 40 taxing unit the amount of the supplemental distribution that is |
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87 | 87 | | 41 allocated to the taxing unit under subdivision (3). However, for a |
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88 | 88 | | 42 county with a former tax to provide for a levy freeze under |
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89 | 89 | | 2025 IN 1469—LS 6415/DI 116 3 |
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90 | 90 | | 1 IC 6-3.6-11-1, the supplemental distribution shall first be |
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91 | 91 | | 2 distributed as determined in any resolution adopted under |
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92 | 92 | | 3 IC 6-3.6-11-1(d). |
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93 | 93 | | 4 For determinations before 2019, the tax rates in effect under and the |
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94 | 94 | | 5 allocation methods specified in the former income tax laws shall be |
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95 | 95 | | 6 used for the determinations under subdivision (3). |
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96 | 96 | | 7 (e) For any part of a supplemental distribution attributable to |
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97 | 97 | | 8 property tax credits under a former income tax or IC 6-3.6-5, the |
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98 | 98 | | 9 adopting body for the county may allocate the supplemental |
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99 | 99 | | 10 distribution to property tax credits for not more than the three (3) years |
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100 | 100 | | 11 after the year the supplemental distribution is received. |
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101 | 101 | | 12 (f) Any income earned on money held in a trust account established |
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102 | 102 | | 13 for a county under this chapter shall be deposited in that trust account. |
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103 | 103 | | 14 SECTION 2. An emergency is declared for this act. |
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104 | 104 | | 2025 IN 1469—LS 6415/DI 116 |
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