Indiana 2025 Regular Session

Indiana House Bill HB1469 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1469
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 6-3.6-9-15.
77 Synopsis: Local income tax supplemental distributions. Changes the
88 local income tax threshold percentages of a county trust account for
99 purposes of determining whether a county shall receive a supplemental
1010 distribution.
1111 Effective: January 1, 2025 (retroactive).
1212 Porter
1313 January 21, 2025, read first time and referred to Committee on Ways and Means.
1414 2025 IN 1469—LS 6415/DI 116 Introduced
1515 First Regular Session of the 124th General Assembly (2025)
1616 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1717 Constitution) is being amended, the text of the existing provision will appear in this style type,
1818 additions will appear in this style type, and deletions will appear in this style type.
1919 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2020 provision adopted), the text of the new provision will appear in this style type. Also, the
2121 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2222 a new provision to the Indiana Code or the Indiana Constitution.
2323 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2424 between statutes enacted by the 2024 Regular Session of the General Assembly.
2525 HOUSE BILL No. 1469
2626 A BILL FOR AN ACT to amend the Indiana Code concerning
2727 taxation.
2828 Be it enacted by the General Assembly of the State of Indiana:
2929 1 SECTION 1. IC 6-3.6-9-15, AS AMENDED BY P.L.239-2023,
3030 2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3131 3 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 15. (a) If the budget
3232 4 agency determines that the balance in a county trust account exceeds:
3333 5 (1) for a determination year ending before January 1, 2026,
3434 6 fifteen percent (15%);
3535 7 (2) for a determination year beginning after December 31,
3636 8 2025, and ending before January 1, 2027, twelve and
3737 9 five-tenths percent (12.5%); and
3838 10 (3) for a determination year beginning after December 31,
3939 11 2026, ten percent (10%);
4040 12 of the certified distributions to be made to the county in the
4141 13 determination year, the budget agency shall make a supplemental
4242 14 distribution to the county from the county's trust account. The budget
4343 15 agency shall use the trust account balance as of December 31 of the
4444 16 year that precedes the determination year by two (2) years (referred to
4545 17 as the "trust account balance year" in this section).
4646 2025 IN 1469—LS 6415/DI 116 2
4747 1 (b) A supplemental distribution described in subsection (a) must be:
4848 2 (1) made at the same time as the determinations are provided to
4949 3 the county auditor under subsection (d)(3); and
5050 4 (2) allocated in the same manner as certified distributions for the
5151 5 purposes described in this article.
5252 6 (c) The amount of a supplemental distribution described in
5353 7 subsection (a) is equal to the amount by which:
5454 8 (1) the balance in the county trust account; minus
5555 9 (2) the amount of any supplemental or special distribution that has
5656 10 not yet been accounted for in the last known balance of the
5757 11 county's trust account;
5858 12 exceeds, for a determination year ending before January 1, 2026,
5959 13 fifteen percent (15%), for a determination year beginning after
6060 14 December 31, 2025, and ending before January 1, 2027, twelve and
6161 15 five-tenths percent (12.5%), and for a determination year
6262 16 beginning after December 31, 2026, ten percent (10%) of the
6363 17 certified distributions to be made to the county in the determination
6464 18 year.
6565 19 (d) For a county that qualifies for a supplemental distribution under
6666 20 this section in a year, the following apply:
6767 21 (1) Before February 15, the budget agency shall update the
6868 22 information described in section 9 of this chapter to include the
6969 23 excess account balances to be distributed under this section.
7070 24 (2) Before May 2, the budget agency shall provide the amount of
7171 25 the supplemental distribution for the county to the department of
7272 26 local government finance and to the county auditor.
7373 27 (3) The department of local government finance shall determine
7474 28 for the county and each taxing unit within the county:
7575 29 (A) the amount and allocation of the supplemental distribution
7676 30 attributable to the taxes that were imposed as of December 31
7777 31 of the trust account balance year, including any specific
7878 32 distributions for that year; and
7979 33 (B) the amount of the allocation for each of the purposes set
8080 34 forth in this article, using the allocation percentages in effect
8181 35 in the trust account balance year.
8282 36 The department of local government finance shall provide these
8383 37 determinations to the county auditor before May 16 of the
8484 38 determination year.
8585 39 (4) Before June 1, the county auditor shall distribute to each
8686 40 taxing unit the amount of the supplemental distribution that is
8787 41 allocated to the taxing unit under subdivision (3). However, for a
8888 42 county with a former tax to provide for a levy freeze under
8989 2025 IN 1469—LS 6415/DI 116 3
9090 1 IC 6-3.6-11-1, the supplemental distribution shall first be
9191 2 distributed as determined in any resolution adopted under
9292 3 IC 6-3.6-11-1(d).
9393 4 For determinations before 2019, the tax rates in effect under and the
9494 5 allocation methods specified in the former income tax laws shall be
9595 6 used for the determinations under subdivision (3).
9696 7 (e) For any part of a supplemental distribution attributable to
9797 8 property tax credits under a former income tax or IC 6-3.6-5, the
9898 9 adopting body for the county may allocate the supplemental
9999 10 distribution to property tax credits for not more than the three (3) years
100100 11 after the year the supplemental distribution is received.
101101 12 (f) Any income earned on money held in a trust account established
102102 13 for a county under this chapter shall be deposited in that trust account.
103103 14 SECTION 2. An emergency is declared for this act.
104104 2025 IN 1469—LS 6415/DI 116