Indiana 2025 Regular Session

Indiana Senate Bill SB0001 Compare Versions

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1+*ES0001.2*
2+Reprinted
3+April 10, 2025
4+ENGROSSED
5+SENATE BILL No. 1
6+_____
7+DIGEST OF SB 1 (Updated April 9, 2025 5:23 pm - DI 125)
8+Citations Affected: IC 3-10; IC 5-1; IC 5-16; IC 6-1.1; IC 6-3;
9+IC 6-3.5; IC 6-3.6; IC 6-6; IC 6-8.1; IC 6-9; IC 8-5; IC 8-9.5; IC 8-18;
10+IC 8-22; IC 12-20; IC 14-33; IC 20-23; IC 20-24; IC 20-25.7; IC 20-26;
11+IC 20-40; IC 20-46; IC 36-1; IC 36-7; IC 36-7.5; IC 36-8; noncode.
12+Synopsis: Local government finance. Places restrictions on the
13+issuance of certain general obligation bonds. Amends a capitalization
14+rate percentage under the statewide agricultural land base rate
15+determination. Provides that the percentage cap used to determine the
16+maximum levy growth quotient is 4% in 2026. Provides that,
17+notwithstanding any growth in a political subdivision's assessed value
18+(AV) in the previous year, a political subdivision's ad valorem property
19+tax levy shall not exceed the ad valorem property tax levy for its last
20+preceding annual budget, unless the fiscal body of the political
21+subdivision adopts an affirmative tax rate and tax levy increase by
22+ordinance following a separate public hearing. Requires a resulting
23+decrease in tax rates for each political subdivision in which there was
24+(Continued next page)
25+Effective: Upon passage; January 1, 2025 (retroactive); May 10, 2025
26+(retroactive); July 1, 2025; January 1, 2026; July 1, 2026; January 1,
27+2027; June 30, 2027; July 1, 2027; January 1, 2028.
28+Holdman, Garten, Baldwin, Gaskill,
29+Rogers, Buchanan, Johnson T
30+(HOUSE SPONSORS — THOMPSON, CLERE, SNOW, JORDAN)
31+January 14, 2025, read first time and referred to Committee on Tax and Fiscal Policy.
32+February 11, 2025, amended, reported favorably — Do Pass.
33+February 13, 2025, read second time, ordered engrossed. Engrossed.
34+February 17, 2025, read third time, passed. Yeas 37, nays 10.
35+HOUSE ACTION
36+March 3, 2025, read first time and referred to Committee on Ways and Means.
37+April 7, 2025, amended, reported — Do Pass.
38+April 9, 2025, read second time, amended, ordered engrossed.
39+ES 1—LS 7244/DI 120 Digest Continued
40+an increase in the political subdivision's AV in the previous year,
41+subject to any affirmative tax rate and tax levy increase adopted by the
42+fiscal body of the political subdivision. Phases out the authority for the
43+department of local government finance (department) to permit an
44+excess tax levy that is based on AV growth, school transportation costs,
45+and other circumstances. Retains the provisions that permit an excess
46+tax levy if the civil taxing unit cannot carry out its governmental
47+functions in the case of annexation, a natural disaster, an accident, or
48+an emergency. Phases in an increase in the acquisition cost threshold
49+for the business personal property tax exemption from $80,000 to
50+$2,000,000. Provides that the 30% minimum valuation limitation does
51+not apply to business personal property placed in service after January
52+1, 2025. Phases down the homestead standard deduction over five years
53+to zero beginning for taxes due and payable in 2031. Phases in an
54+increase in the supplemental homestead deduction to 2/3 of the AV of
55+the homestead. Phases in an AV deduction for all property that is
56+subject to the 2% circuit breaker credit for excessive property taxes for
57+assessment dates beginning in 2025 up to a 1/3 AV deduction for taxes
58+due and payable in 2031, and each taxable year thereafter. Expires
59+certain property tax deductions allowed in current law, and instead
60+allows a credit against local property taxes in certain instances. Makes
61+certain changes to the qualification requirements and credit amount for
62+the over 65 circuit breaker credit. Provides a supplemental homestead
63+tax credit for property taxes for a person's homestead if the person
64+qualifies for a standard homestead deduction for the same homestead
65+property. Provides that specified referendums may be placed on the
66+ballot only at a general election. Amends the ballot language for
67+controlled project, school operating, and school public safety
68+referendums. Provides that a school corporation may not adopt a
69+resolution to place a controlled project referendum on the ballot during
70+the second calendar year after the final calendar year in which a
71+previously approved controlled project referendum levy is imposed.
72+Modifies the threshold amounts used for determining whether a
73+political subdivision's project is a controlled project and whether the
74+petition and remonstrance process or the referendum process applies
75+based on the political subdivision's total debt service tax rate. Adds
76+provisions to authorize a county fiscal body to adopt an ordinance to
77+establish a property tax payment deferral program (program). Provides
78+that a qualified individual participating in the program may defer the
79+payment of part of the property taxes that would otherwise be due on
80+a homestead. Provides that property taxes deferred under the program
81+are due after the occurrence of a deferral termination event. Provides
82+that the maximum amount of taxes that may be deferred cumulatively
83+year over year may not exceed $10,000. Increases, beginning in 2028,
84+the maximum local income tax (LIT) expenditure rate for all counties
85+to 2.9%. Authorizes a city or town to impose a municipal LIT rate
86+beginning in 2028 not to exceed 1.2%. Provides that within a county's
87+total expenditure rate, the county may adopt: (1) up to a 1.2% rate for
88+county general purpose revenue; (2) up to a 0.4% rate for fire
89+protection and emergency medical services; (3) up to a 0.2% rate for
90+nonmunicipal civil taxing unit general purpose revenue; and (4) up to
91+1.2% for certain cities and towns that are not eligible to adopt a
92+municipal LIT rate. Eliminates provisions that provide for a
93+distribution of LIT expenditure rate revenue to schools and civil taxing
94+units in counties that imposed a rate under the prior county adjusted
95+gross income tax. Authorizes a county fiscal body to impose a local
96+income tax expenditure rate to provide property tax relief for property
97+tax liability attributable to homesteads in the county before January 1,
98+2028. Expires the authority to impose a property tax relief rate under
99+the LIT and repeals the levy freeze rate. Provides that, in order to
100+continue to impose an expenditure tax rate after 2027, each county
101+must adopt a new ordinance on or before October 1, 2027, to impose
102+(Continued next page)
103+ES 1—LS 7244/DI 120ES 1—LS 7244/DI 120 Digest Continued
104+the rate. Provides that, for counties that fail to adopt an ordinance to
105+renew an existing expenditure tax rate in 2027, the expenditure tax rate
106+for the county in 2028 shall be the minimum tax rate necessary for
107+existing debt service. Specifies that this does not prevent the county
108+from renewing, imposing, or modifying an expenditure tax rate in
109+subsequent years. Eliminates local income tax councils beginning July
110+1, 2027, and instead provides that the county fiscal body is the adopting
111+body in all counties for purposes of the county LIT, and the city or
112+town fiscal body is the adopting body in the case of a municipal LIT.
113+Establishes the state and local income tax holding account within the
114+state general fund for purposes of LIT distributions. Requires the
115+budget agency to maintain an accounting for each county imposing a
116+county LIT based on annual returns filed by or for county taxpayers
117+(same as current law). Requires undistributed amounts so accounted to
118+be held for purposes of the state and local income tax holding account
119+beginning after December 31, 2026. (Under current law, undistributed
120+amounts are required to be held in reserve separate from the state
121+general fund.) Requires the budget agency to present each December
122+to the budget committee a report of the following: (1) An estimate of
123+the monthly certified distribution amounts for the immediately
124+succeeding calendar year. (2) A description of the method used to
125+determine the monthly estimates. Beginning in 2028, requires the
126+budget agency to make monthly transfers to the state and local income
127+tax holding account of the amount determined for the month in the
128+budget agency's report to the budget committee. Repeals a provision
129+that requires the budget agency to adjust the certified distribution of a
130+county for the succeeding year following a tax rate change. Requires
131+the department to develop and maintain a property tax transparency
132+portal through which taxpayers may: (1) compare the property tax
133+liability in their current tax statement compared to their potential
134+property tax liability based on changes under a proposed tax rate; and
135+(2) provide taxpayer feedback to the department. Prohibits the northern
136+Indiana commuter transportation district from issuing new bonds after
137+May 9, 2025, that are payable in whole or in part from amounts
138+distributed from the commuter rail service fund or the electric rail
139+service fund. Requires all school corporations that adopt a resolution
140+for an operating referendum tax levy that is imposed for the first time
141+with property taxes first due and payable beginning after 2027 to share
142+revenue with certain charter schools. Requires, beginning with
143+distributions in 2028, that all school corporations begin sharing
144+revenue from the school corporation's operations fund levy with certain
145+charter schools. Provides for the phasing in of the sharing of revenue
146+with certain charter schools from the school corporation's operations
147+fund levy. Provides for the appointment of additional board members
148+to the governing board of a charter school that receives property tax
149+revenue. Sets forth additional procedures related to the closure of a
150+charter school. Dissolves the Union School Corporation. Provides that
151+for a fire protection territory established after January 1, 2025, each
152+unit in a territory may not impose a tax rate that exceeds $0.40 per
153+$100 of assessed valuation. Makes conforming changes. Makes
154+technical corrections. Makes an appropriation.
155+ES 1—LS 7244/DI 120ES 1—LS 7244/DI 120 Reprinted
156+April 10, 2025
1157 First Regular Session of the 124th General Assembly (2025)
2158 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3159 Constitution) is being amended, the text of the existing provision will appear in this style type,
4160 additions will appear in this style type, and deletions will appear in this style type.
5161 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6162 provision adopted), the text of the new provision will appear in this style type. Also, the
7163 word NEW will appear in that style type in the introductory clause of each SECTION that adds
8164 a new provision to the Indiana Code or the Indiana Constitution.
9165 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10166 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 1
12-AN ACT to amend the Indiana Code concerning taxation and to
13-make an appropriation.
167+ENGROSSED
168+SENATE BILL No. 1
169+A BILL FOR AN ACT to amend the Indiana Code concerning
170+taxation and to make an appropriation.
14171 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 3-10-9-3, AS AMENDED BY P.L.225-2011,
16-SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b), if a
18-local public question must be certified to an election board by law, that
19-certification must occur no later than noon:
20-(1) seventy-four (74) days before a primary election if the public
21-question is to be placed on the primary or municipal primary
22-election ballot; or
23-(2) August 1 if the public question is to be placed on the general
24-or municipal election ballot.
25-(b) A referendum or local public question:
26-(1) under IC 20-46-1;
27-(2) under IC 20-46-9; or
28-(3) under IC 6-1.1-20 for controlled projects;
29-may be placed on the ballot only at a general election. Certification
30-of a local public question under this subsection must occur not
31-later than noon August 1.
32-SECTION 2. IC 5-1-14-14, AS AMENDED BY P.L.197-2016,
33-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34-JULY 1, 2027]: Sec. 14. (a) Notwithstanding any other law, a
35-municipality may sell the municipality's interest in any notes payable
36-to the municipality at a negotiated sale.
37-SEA 1 — Concur 2
38-(b) A county or municipality may establish a revolving fund from
39-grants, the revenue received by the county or municipality under
40-IC 6-3.6-9 and allocated for economic development purposes, under
41-IC 6-3.6-6-9, the proceeds of the sale of notes, or the proceeds of bonds
42-issued under this section and IC 36-9-32. The county or municipality
43-may loan the money in the revolving fund to any borrower if the county
44-or municipal fiscal body finds that the loan will be used by the
45-borrower for one (1) or more of the following economic development
46-purposes:
47-(1) Promoting significant opportunities for the gainful
48-employment of the county's or municipality's residents.
49-(2) Attracting a major new business enterprise to the county or
50-municipality.
51-(3) Retaining or expanding a significant business enterprise in the
52-county or municipality.
53-(c) Activities that may be undertaken by the borrower in carrying
54-out an economic development purpose include expenditures for any of
55-the following:
56-(1) Acquisition of land.
57-(2) Acquisition of property interests.
58-(3) Site improvements.
59-(4) Infrastructure improvements.
60-(5) Buildings.
61-(6) Structures.
62-(7) Rehabilitation, renovation, or enlargement of buildings or
63-structures.
64-(8) Machinery.
65-(9) Equipment.
66-(10) Furnishings.
67-(d) Local governmental entities may borrow under subsection (b) if
68-the local governmental entity's jurisdiction includes the geographic area
69-within the boundaries of the county or municipality that established the
70-revolving fund. Notwithstanding any other law, the following
71-provisions apply to the borrowing:
72-(1) The county or municipality that established the revolving fund
73-and the local governmental entity borrower may each authorize
74-the loan from the revolving fund and the issuance of notes
75-evidencing the loan by resolution. In each case, the resolution
76-shall be adopted by the body with control over fiscal matters.
77-(2) A resolution adopted under subdivision (1) must approve:
78-(A) the term of the loan;
79-(B) the interest rate;
80-SEA 1 — Concur 3
81-(C) the form of the note or notes;
82-(D) the medium of payment;
83-(E) the place and manner of payment;
84-(F) the manner of execution of the note or notes;
85-(G) the terms of redemption;
86-(H) the funds or sources of funds from which the note or notes
87-are payable, which may be any funds and sources of funds
88-available to the borrower; and
89-(I) any other provisions not inconsistent with this section.
90-(3) The notes and the authorization, issuance, sale, and delivery
91-of the notes are not subject to any general statute concerning
92-obligations issued by the local governmental entity borrower. This
93-section contains full and complete authority for the making of the
94-loan, the authorization, issuance, sale, and delivery of the notes,
95-and the repayment of the loan by the borrower, and no law,
96-procedure, proceedings, publications, notices, consents,
97-approvals, orders, or acts by any officer, department, agency, or
98-instrument of the state or of any political subdivision is required
99-to make the loan, issue the notes, or repay the loan except as
100-prescribed in this section.
101-(4) The notes issued by a local governmental entity borrower are
102-exempt from taxation for all purposes and are exempt from any
103-security registration requirements provided for in Indiana statutes.
104-(5) Notes issued by a local governmental entity borrower under
105-this section are obligations for all purposes of this chapter.
106-(e) A municipality may issue bonds under IC 36-9-32-7(b) through
107-IC 36-9-32-7(j) for the economic development purposes listed in
108-subsection (c) and may repay the indebtedness solely from revenues
109-derived from the repayment of any notes, including notes evidencing
110-loans made under subsection (b).
111-(f) To the extent a revolving fund under subsection (b) is funded
112-from:
113-(1) revenues received by the county under IC 6-3.6-9 and
114-allocated for economic development purposes; under
115-IC 6-3.6-6-9; or
116-(2) repayments of principal and interest on loans from the
117-revolving fund that were funded with revenues described in
118-subdivision (1);
119-money in the revolving fund may at any time be transferred in whole
120-or in part to the unit's economic development income tax fund, as
121-determined by ordinance of the unit's fiscal body.
122-(g) The general assembly finds that counties and municipalities in
123-SEA 1 — Concur 4
124-Indiana have a need to foster economic development and industrial and
125-commercial growth. The general assembly finds that it is necessary and
126-proper to provide an alternative method for municipalities to foster the
127-following:
128-(1) Economic development.
129-(2) Industrial and commercial growth.
130-(3) Employment opportunities.
131-(4) Diversification of industry and commerce.
132-It is declared that the fostering of economic development under this
133-section for the benefit of the general public, including industrial and
134-commercial enterprises, is a public purpose.
135-SECTION 3. IC 5-1-14-17 IS ADDED TO THE INDIANA CODE
136-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
137-UPON PASSAGE]: Sec. 17. (a) This section applies to a qualified
138-political subdivision.
139-(b) As used this section, "general obligation bond" means a
140-bond issued for a short term period of not more than five (5) years
141-and payable from property taxes for a purpose or project that is
142-not a controlled project (as defined in IC 6-1.1-20-1.1) for which
143-the bond is not required to be issued using the procedures in
144-IC 6-1.1-20.
145-(c) As used in this section, "qualified political subdivision"
146-means a county, city, town, township, or school corporation.
147-(d) Notwithstanding any other law, and except as provided in
148-subsection (e), if a qualified political subdivision issues new general
149-obligation bonds, or has issued general obligation bonds before
150-May 1, 2025, for a period of two (2) years of less, then at the
151-expiration of those general obligation bonds, the qualified political
152-subdivision must wait one (1) year from that date before the
153-qualified political subdivision may issue general obligation bonds.
154-(e) Subsection (d) shall not apply to a qualified political
155-subdivision in the case of a natural disaster, an accident, or another
156-unanticipated emergency as determined by the department of local
157-government finance.
158-SECTION 4. IC 5-16-9-3, AS AMENDED BY P.L.197-2016,
159-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160-JULY 1, 2027]: Sec. 3. (a) If a public agency has no parking facility
161-under its jurisdiction or control available to private persons who desire
162-to conduct business with the public agency, the public agency shall
163-direct the local authority having jurisdiction over the portion of the
164-streets which are adjacent to the facilities of the public agency to
165-reserve parking spaces for the use of persons with physical disabilities.
166-SEA 1 — Concur 5
167-(b) If a retail shopping mall is constructed in whole or in part with
168-revenue derived from a local income tax imposed under IC 6-3.6-6 and
169-allocated for economic development purposes, under IC 6-3.6-6-9, the
170-local authority having jurisdiction over the portion of the streets
171-adjacent to the retail shopping mall shall reserve parking spaces for the
172-use of persons with physical disabilities.
173-SECTION 5. IC 6-1.1-2-11 IS ADDED TO THE INDIANA CODE
174-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
175-UPON PASSAGE]: Sec. 11. (a) As used in this section, "tax
176-increment financing allocation area" means any area authorized
177-by statute in which ad valorem property taxes are allocated,
178-including the following:
179-(1) IC 6-1.1-39 (economic development districts).
180-(2) IC 8-22-3.5 (airport development zones).
181-(3) IC 36-7-14 (redevelopment of areas needing
182-redevelopment generally).
183-(4) IC 36-7-15.1 (redevelopment of areas in Marion County).
184-(5) IC 36-7-30 (reuse of federal military bases).
185-(6) IC 36-7-30.5 (development of multicounty federal military
186-bases).
187-(7) IC 36-7-32 (certified technology parks).
188-(8) IC 36-7-32.5 (innovation development districts).
189-(9) IC 36-7.5-4.5 (rail transit development districts).
190-(b) The department shall, in each year beginning after
191-December 31, 2025, and ending before January 1, 2034, adjust the
192-base assessed value of each tax increment financing allocation area
193-to neutralize the effect of the changing tax rates resulting year to
194-year from the homestead deduction under IC 6-1.1-12-37(c)(2) and
195-IC 6-1.1-12-37.5(c) and the deduction for eligible property under
196-IC 6-1.1-12-47. It is the intent of the general assembly that an
197-increase in revenue from a change in tax rates resulting from these
198-statutes accrue only to the base assessed value and not to the tax
199-increment financing allocation area. However, in the case of a
200-decrease in revenue from a change in tax rates resulting from these
201-statutes, the department may neutralize the change under this
202-subsection in a positive manner with regard to the tax increment
203-financing allocation area to protect the ability to pay bonds based
204-on incremental revenue, if the tax increment financing allocation
205-area demonstrates to the department that an adjustment is needed
206-before the department calculates a positive neutralization
207-adjustment.
208-SECTION 6. IC 6-1.1-3-7.2, AS AMENDED BY P.L.137-2022,
209-SEA 1 — Concur 6
210-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
211-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 7.2. (a) This section
212-applies to assessment dates occurring after December 31, 2015.
213-(b) As used in this section, "affiliate" means an entity that
214-effectively controls or is controlled by a taxpayer or is associated with
215-a taxpayer under common ownership or control, whether by
216-shareholdings or other means.
217-(c) As used in this section, "business personal property" means
218-personal property that:
219-(1) is otherwise subject to assessment and taxation under this
220-article;
221-(2) is used in a trade or business or otherwise held, used, or
222-consumed in connection with the production of income; and
223-(3) was:
224-(A) acquired by the taxpayer in an arms length transaction
225-from an entity that is not an affiliate of the taxpayer, if the
226-personal property has been previously used in Indiana before
227-being placed in service in the county; or
228-(B) acquired in any manner, if the personal property has never
229-been previously used in Indiana before being placed in service
230-in the county.
231-The term does not include mobile homes assessed under IC 6-1.1-7,
232-personal property held as an investment, or personal property that is
233-assessed under IC 6-1.1-8 and is owned by a public utility subject to
234-regulation by the Indiana utility regulatory commission. However, the
235-term does include the personal property of a telephone company or a
236-communications service provider if that personal property meets the
237-requirements of subdivisions (1) through (3), regardless of whether that
238-personal property is assessed under IC 6-1.1-8 and regardless of
239-whether the telephone company or communications service provider is
240-subject to regulation by the Indiana utility regulatory commission.
241-(d) Notwithstanding section 7 of this chapter, if the acquisition cost
242-of a taxpayer's total business personal property in a county is less than:
243-(1) eighty thousand dollars ($80,000) for that assessment date,
244-assessment dates before 2025;
245-(2) one million dollars ($1,000,000) for the 2025 assessment
246-date; and
247-(3) two million dollars ($2,000,000) for the 2026 assessment
248-date, and each assessment date thereafter;
249-the taxpayer's business personal property in the county for that
250-assessment date is exempt from taxation.
251-(e) Subject to subsection (f), a taxpayer that is eligible for the
252-SEA 1 — Concur 7
253-exemption under this section for an assessment date shall include the
254-following information on the taxpayer's personal property tax return:
255-(1) A declaration that the taxpayer's business personal property in
256-the county is exempt from property taxation.
257-(2) Whether the taxpayer's business personal property within the
258-county is in one (1) location or multiple locations.
259-(3) An address for the location of the property.
260-If the business personal property is in multiple locations within a
261-county, the taxpayer shall provide an address for the location where the
262-sum of acquisition costs for business personal property is greatest. If
263-two (2) or more addresses contain the greatest equivalent sum of
264-acquisition costs for business personal property within a given county,
265-the taxpayer shall choose only one (1) address to list on the return.
266-(f) Beginning after December 31, 2022, a taxpayer that has included
267-the information required under subsection (e) on the taxpayer's
268-personal property tax return to claim the exemption under this section
269-is not required to file a personal property return for the taxpayer's
270-business personal property for an assessment date that occurs after the
271-assessment date for which the information is first provided under
272-subsection (e), unless or until the taxpayer no longer qualifies for the
273-exemption under subsection (d) for a subsequent assessment date.
274-SECTION 7. IC 6-1.1-3-22, AS AMENDED BY P.L.159-2020,
275-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
276-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 22. (a) Except to the
277-extent that it conflicts with a statute and subject to subsection (f), 50
278-IAC 4.2 (as in effect January 1, 2001), which was formerly
279-incorporated by reference into this section, is reinstated as a rule.
280-(b) Tangible personal property within the scope of 50 IAC 4.2 (as
281-in effect January 1, 2001) shall be assessed on the assessment dates in
282-calendar years 2003 and thereafter in conformity with 50 IAC 4.2 (as
283-in effect January 1, 2001).
284-(c) The publisher of the Indiana Administrative Code shall publish
285-50 IAC 4.2 (as in effect January 1, 2001) in the Indiana Administrative
286-Code.
287-(d) 50 IAC 4.3 and any other rule to the extent that it conflicts with
288-this section is void.
289-(e) A reference in 50 IAC 4.2 to a governmental entity that has been
290-terminated or a statute that has been repealed or amended shall be
291-treated as a reference to its successor.
292-(f) The department of local government finance may not amend or
293-repeal the following (all as in effect January 1, 2001):
294-(1) 50 IAC 4.2-4-3(f).
295-SEA 1 — Concur 8
296-(2) 50 IAC 4.2-4-7.
297-(3) 50 IAC 4.2-4-9.
298-(4) 50 IAC 4.2-5-7.
299-(5) 50 IAC 4.2-5-13.
300-(6) 50 IAC 4.2-6-1.
301-(7) 50 IAC 4.2-6-2.
302-(8) 50 IAC 4.2-8-9.
303-However, the department of local government finance may amend
304-these rules to conform with statutory changes.
305-(g) Notwithstanding any other provision of this section, 50
306-IAC 4.2-4-6(c) is void effective July 1, 2015. The publisher of the
307-Indiana Administrative Code and the Indiana Register shall remove this
308-provision from the Indiana Administrative Code.
309-(h) Notwithstanding any other provision of this section, the
310-department of local government finance shall adopt rules
311-amending 50 IAC 4.2 to reflect the enactment of section 29 of this
312-chapter.
313-SECTION 8. IC 6-1.1-3-23, AS AMENDED BY P.L.220-2011,
314-SECTION 119, IS AMENDED TO READ AS FOLLOWS
315-[EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 23. (a) In
316-enacting this section, the general assembly finds the following:
317-(1) The economy of northern Indiana has historically been heavily
318-dependent upon:
319-(A) the domestic steel industry, particularly the integrated steel
320-mill business, which produces steel from basic raw materials
321-through blast furnace and related operations; and
322-(B) the oil refining and petrochemical industry.
323-(2) Northern Indiana is the only area of Indiana with integrated
324-steelmaking facilities.
325-(3) During the last thirty (30) years, the domestic steel industry
326-has experienced significant financial difficulties. More than
327-one-half (1/2) of the integrated steel mills in the United States
328-were shut down or deintegrated, with the remainder requiring
329-significant investment and the addition of new processes to make
330-the facilities economically competitive with newer foreign and
331-domestic steelmaking facilities and processes.
332-(4) The United States needs to protect the capacity of the oil
333-refining and petrochemical industry. No oil refineries have been
334-built in the United States since 1976.
335-(5) Given the economic conditions affecting older integrated
336-steelmaking facilities, integrated steel mills claimed abnormal
337-obsolescence in reporting the assessed value of equipment located
338-SEA 1 — Concur 9
339-at the integrated steelmaking facilities that began operations
340-before 1970, thereby reporting the equipment's assessed value at
341-far below thirty percent (30%) of the equipment's total cost (far
342-below the "thirty percent (30%) floor" value generally applicable
343-to equipment exhibiting only normal obsolescence under the
344-current department of local government finance rules).
345-(6) Current law existing before January 1, 2003, obligates the
346-taxpayers making abnormal obsolescence claims to pay personal
347-property taxes based only on, and permits communities to
348-determine property tax budgets and rates based only on, the
349-reported personal property assessed values until the personal
350-property appeals are resolved. Consequently, as a result of
351-abnormal obsolescence claims, the property tax base of
352-communities in northern Indiana is severely reduced for an
353-indeterminate period (if not permanently). The prospect of future
354-appeals and their attendant problems on an ongoing basis must be
355-addressed.
356-(7) A new, optional method for valuing the equipment of
357-integrated steel mills and entities that are at least fifty percent
358-(50%) owned by an affiliate of an integrated steel mill ("related
359-entities") and the oil refining and petrochemical industry in
360-northern Indiana is needed. That optional method:
361-(A) recognizes the loss of value and difficulty in valuing
362-equipment at integrated steelmaking facilities and facilities of
363-the oil refining and petrochemical industry that commenced
364-operations decades ago and at the facilities of related entities;
365-(B) recognizes that depreciable personal property used in
366-integrated steelmaking and in oil refinery or petrochemical
367-operations and by related entities is affected by different
368-economic and market forces than depreciable personal
369-property used in other industries and certain other segments of
370-the steel industry and therefore experiences different amounts
371-of obsolescence and depreciation; and
372-(C) can be used to simply and efficiently arrive at a value
373-commensurate with that property's age, use, obsolescence, and
374-market circumstances instead of the current method and its
375-potentially contentious and lengthy appeals. Such an optional
376-method would benefit the communities where these older
377-facilities are located.
378-(8) Such an optional method would be to authorize a fifth pool in
379-the depreciation schedule for valuing the equipment of integrated
380-steel mills, related entities, and the oil refining and petrochemical
381-SEA 1 — Concur 10
382-industry that reflects all adjustments to the value of that
383-equipment for depreciation and obsolescence, including abnormal
384-obsolescence, which precludes any taxpayer electing such a
385-method from taking any other obsolescence adjustment for the
386-equipment, and which applies only at the election of the taxpayer.
387-(9) The purpose for authorizing the Pool 5 method is to provide
388-a more simplified and efficient method for valuing the equipment
389-of integrated steel mills and the oil refining and petrochemical
390-industry that recognizes the loss of value and unusual problems
391-associated with the valuation of the equipment or facilities that
392-began operations before 1970 in those industries in northern
393-Indiana, as well as for valuing the equipment of related entities,
394-to stabilize local property tax revenue by eliminating the need for
395-abnormal obsolescence claims, and to encourage those industries
396-to continue to invest in northern Indiana, thereby contributing to
397-the economic life and well-being of communities in northern
398-Indiana, the residents of northern Indiana, and Indiana generally.
399-(10) The specific circumstances described in this section do not
400-exist throughout the rest of Indiana.
401-(b) For purposes of this section:
402-(1) "adjusted cost" refers to the adjusted cost established in 50
403-IAC 4.2-4-4 (as in effect on January 1, 2003);
404-(2) "depreciable personal property" has the meaning set forth in
405-50 IAC 4.2-4-1 (as in effect on January 1, 2003);
406-(3) "integrated steel mill" means a person, including a subsidiary
407-of a corporation, that produces steel by processing iron ore and
408-other raw materials in a blast furnace in Indiana;
409-(4) "oil refinery/petrochemical company" means a person that
410-produces a variety of petroleum products by processing an annual
411-average of at least one hundred thousand (100,000) barrels of
412-crude oil per day;
413-(5) "permanently retired depreciable personal property" has the
414-meaning set forth in 50 IAC 4.2-4-3 (as in effect on January 1,
415-2003);
416-(6) "pool" refers to a pool established in 50 IAC 4.2-4-5(a) (as in
417-effect on January 1, 2003);
418-(7) "special integrated steel mill or oil refinery/petrochemical
419-equipment" means depreciable personal property, other than
420-special tools and permanently retired depreciable personal
421-property:
422-(A) that:
423-(i) is owned, leased, or used by an integrated steel mill or an
424-SEA 1 — Concur 11
425-entity that is at least fifty percent (50%) owned by an
426-affiliate of an integrated steel mill; and
427-(ii) falls within Asset Class 33.4 as set forth in IRS Rev.
428-Proc. 87-56, 1987-2, C.B. 647; or
429-(B) that:
430-(i) is owned, leased, or used as an integrated part of an oil
431-refinery/petrochemical company or its affiliate; and
432-(ii) falls within Asset Class 13.3 or 28.0 as set forth in IRS
433-Rev. Proc. 87-56, 1987-2, C.B. 647;
434-(8) "special tools" has the meaning set forth in 50 IAC 4.2-6-2 (as
435-in effect on January 1, 2003); and
436-(9) "year of acquisition" refers to the year of acquisition
437-determined under 50 IAC 4.2-4-6 (as in effect on January 1,
438-2003).
439-(c) Notwithstanding 50 IAC 4.2-4-4, 50 IAC 4.2-4-6, and 50
440-IAC 4.2-4-7, a taxpayer may elect to calculate the true tax value of the
441-taxpayer's special integrated steel mill or oil refinery/petrochemical
442-equipment by multiplying the adjusted cost of that equipment by the
443-percentage set forth in the following table:
444-Year of Acquisition Percentage
445-1 40%
446-2 56%
447-3 42%
448-4 32%
449-5 24%
450-6 18%
451-7 15%
452-8 and older 10%
453-(d) The department of local government finance shall designate the
454-table under subsection (c) as "Pool No. 5" on the business personal
455-property tax return.
456-(e) The percentage factors in the table under subsection (c)
457-automatically reflect all adjustments for depreciation and obsolescence,
458-including abnormal obsolescence, for special integrated steel mill or oil
459-refinery/petrochemical equipment. The equipment is entitled to all
460-exemptions, credits, and deductions for which it qualifies.
461-(f) The minimum valuation limitations under 50 IAC 4.2-4-9
462-section 29 of this chapter do not apply to special integrated steel mill
463-or oil refinery/petrochemical equipment valued under this section. The
464-value of the equipment is not included in the calculation of that
465-minimum valuation limitation for the taxpayer's other assessable
466-depreciable personal property in the taxing district.
467-SEA 1 — Concur 12
468-(g) An election to value special integrated steel mill or oil
469-refinery/petrochemical equipment under this section:
470-(1) must be made by reporting the equipment under this section
471-on a business personal property tax return;
472-(2) applies to all of the taxpayer's special integrated steel mill or
473-oil refinery/petrochemical equipment located in the state (whether
474-owned or leased, or used as an integrated part of the equipment);
475-and
476-(3) is binding on the taxpayer for the assessment date for which
477-the election is made.
478-The department of local government finance shall prescribe the forms
479-to make the election beginning with the March 1, 2003, assessment
480-date. Any special integrated steel mill or oil refinery/petrochemical
481-equipment acquired by a taxpayer that has made an election under this
482-section is valued under this section.
483-(h) If fifty percent (50%) or more of the adjusted cost of a taxpayer's
484-property that would, notwithstanding this section, be reported in a pool
485-other than Pool No. 5 is attributable to special integrated steel mill or
486-oil refinery/petrochemical equipment, the taxpayer may elect to
487-calculate the true tax value of all of that property as special integrated
488-steel mill or oil refinery/petrochemical equipment. The true tax value
489-of property for which an election is made under this subsection is
490-calculated under subsections (c) through (g).
491-SECTION 9. IC 6-1.1-3-23.5, AS AMENDED BY P.L.236-2023,
492-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
493-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 23.5. (a) For purposes of
494-this section:
495-(1) "adjusted cost" has the meaning set forth in section 23(b)(1)
496-of this chapter;
497-(2) "depreciable personal property" has the meaning set forth in
498-section 23(b)(2) of this chapter;
499-(3) "mini-mill" means a person, including a subsidiary of a
500-corporation, that produces steel using an electric arc furnace in
501-Indiana;
502-(4) "permanently retired depreciable personal property" has the
503-meaning set forth in section 23(b)(5) of this chapter;
504-(5) "pool" has the meaning set forth in section 23(b)(6) of this
505-chapter;
506-(6) "mini-mill equipment" means depreciable personal property,
507-other than special tools and permanently retired depreciable
508-personal property, that is owned, leased, or used by a mini-mill or
509-an entity that is at least fifty percent (50%) owned by an affiliate
510-SEA 1 — Concur 13
511-of a mini-mill in the production of steel;
512-(7) "special tools" has the meaning set forth in section 23(b)(8) of
513-this chapter; and
514-(8) "year of acquisition" for purposes of applying the table in
515-section 23(c) of this chapter, has the meaning set forth in section
516-23(b)(9) of this chapter.
517-(b) Notwithstanding 50 IAC 4.2-4-4, 50 IAC 4.2-4-6, and 50
518-IAC 4.2-4-7, beginning with the January 1, 2023, assessment date, a
519-taxpayer may elect to calculate the true tax value of the taxpayer's
520-mini-mill equipment by multiplying the adjusted cost of that equipment
521-by the applicable percentage set forth in the table designated as "Pool
522-No. 5" under section 23(c) and 23(d) of this chapter.
523-(c) The percentage factors in the table under section 23(c) of this
524-chapter automatically reflect all adjustments for depreciation and
525-obsolescence, including abnormal obsolescence, for mini-mill
526-equipment. The equipment is entitled to all exemptions, credits, and
527-deductions for which it qualifies.
528-(d) The minimum valuation limitations under 50 IAC 4.2-4-9
529-section 29 of this chapter do not apply to mini-mill equipment valued
530-under this section. The value of the equipment is not included in the
531-calculation of that minimum valuation limitation for the taxpayer's
532-other assessable depreciable personal property in the taxing district.
533-(e) An election to value mini-mill equipment under this section:
534-(1) must be made by reporting the equipment under this section
535-on a business personal property tax return;
536-(2) applies to all of the taxpayer's mini-mill equipment located in
537-the state (whether owned or leased, or used as an integrated part
538-of the equipment); and
539-(3) is binding on the taxpayer for the assessment date for which
540-the election is made.
541-The department of local government finance shall prescribe the forms
542-to make the election beginning with the January 1, 2023, assessment
543-date. Any mini-mill equipment acquired by a taxpayer that has made
544-an election under this section is valued under this section.
545-(f) If fifty percent (50%) or more of the adjusted cost of a taxpayer's
546-property that would, notwithstanding this section, be reported in a pool
547-other than "Pool No. 5" (as designated under section 23 of this chapter)
548-is attributable to mini-mill equipment, the taxpayer may elect to
549-calculate the true tax value of all of that property as mini-mill
550-equipment. The true tax value of property for which an election is made
551-under this subsection is calculated under subsections (b) through (e).
552-SECTION 10. IC 6-1.1-3-25, AS ADDED BY P.L.238-2017,
553-SEA 1 — Concur 14
554-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
555-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 25. (a) As used in this
556-section, "district" refers to an entrepreneur and enterprise district
557-designated under IC 5-28-15.5.
558-(b) Notwithstanding section 22(b) of this chapter and
559-IC 6-1.1-8-44(b), assessable depreciable personal property that:
560-(1) is located in a district;
561-(2) is placed in service in the district by the owner of the property
562-after the designation of the district under IC 5-28-15.5; and
563-(3) is used within the district by one (1) or more employees who
564-perform the majority of their service within the district;
565-is not subject to the valuation limitations in 50 IAC 4.2-4-9 section 29
566-of this chapter or 50 IAC 5.1-6-9. IC 6-1.1-8-45.
567-SECTION 11. IC 6-1.1-3-29 IS ADDED TO THE INDIANA CODE
568-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
569-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 29. (a) This subsection
570-applies only to a taxpayer's assessable depreciable personal
571-property that is placed in service on or before January 1, 2025.
572-Except as provided in subsections (b) and (c), for each assessment
573-date, the total valuation of a taxpayer's assessable depreciable
574-personal property in a single taxing district may not be less than
575-thirty percent (30%) of the adjusted cost of all the taxpayer's
576-assessable depreciable personal property in the taxing district.
172+1 SECTION 1. IC 3-10-9-3, AS AMENDED BY P.L.225-2011,
173+2 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
174+3 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b), if a
175+4 local public question must be certified to an election board by law, that
176+5 certification must occur no later than noon:
177+6 (1) seventy-four (74) days before a primary election if the public
178+7 question is to be placed on the primary or municipal primary
179+8 election ballot; or
180+9 (2) August 1 if the public question is to be placed on the general
181+10 or municipal election ballot.
182+11 (b) A referendum or local public question:
183+12 (1) under IC 20-46-1;
184+13 (2) under IC 20-46-9; or
185+14 (3) under IC 6-1.1-20 for controlled projects;
186+15 may be placed on the ballot only at a general election. Certification
187+16 of a local public question under this subsection must occur not
188+17 later than noon August 1.
189+ES 1—LS 7244/DI 120 2
190+1 SECTION 2. IC 5-1-14-14, AS AMENDED BY P.L.197-2016,
191+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
192+3 JULY 1, 2027]: Sec. 14. (a) Notwithstanding any other law, a
193+4 municipality may sell the municipality's interest in any notes payable
194+5 to the municipality at a negotiated sale.
195+6 (b) A county or municipality may establish a revolving fund from
196+7 grants, the revenue received by the county or municipality under
197+8 IC 6-3.6-9 and allocated for economic development purposes, under
198+9 IC 6-3.6-6-9, the proceeds of the sale of notes, or the proceeds of bonds
199+10 issued under this section and IC 36-9-32. The county or municipality
200+11 may loan the money in the revolving fund to any borrower if the county
201+12 or municipal fiscal body finds that the loan will be used by the
202+13 borrower for one (1) or more of the following economic development
203+14 purposes:
204+15 (1) Promoting significant opportunities for the gainful
205+16 employment of the county's or municipality's residents.
206+17 (2) Attracting a major new business enterprise to the county or
207+18 municipality.
208+19 (3) Retaining or expanding a significant business enterprise in the
209+20 county or municipality.
210+21 (c) Activities that may be undertaken by the borrower in carrying
211+22 out an economic development purpose include expenditures for any of
212+23 the following:
213+24 (1) Acquisition of land.
214+25 (2) Acquisition of property interests.
215+26 (3) Site improvements.
216+27 (4) Infrastructure improvements.
217+28 (5) Buildings.
218+29 (6) Structures.
219+30 (7) Rehabilitation, renovation, or enlargement of buildings or
220+31 structures.
221+32 (8) Machinery.
222+33 (9) Equipment.
223+34 (10) Furnishings.
224+35 (d) Local governmental entities may borrow under subsection (b) if
225+36 the local governmental entity's jurisdiction includes the geographic area
226+37 within the boundaries of the county or municipality that established the
227+38 revolving fund. Notwithstanding any other law, the following
228+39 provisions apply to the borrowing:
229+40 (1) The county or municipality that established the revolving fund
230+41 and the local governmental entity borrower may each authorize
231+42 the loan from the revolving fund and the issuance of notes
232+ES 1—LS 7244/DI 120 3
233+1 evidencing the loan by resolution. In each case, the resolution
234+2 shall be adopted by the body with control over fiscal matters.
235+3 (2) A resolution adopted under subdivision (1) must approve:
236+4 (A) the term of the loan;
237+5 (B) the interest rate;
238+6 (C) the form of the note or notes;
239+7 (D) the medium of payment;
240+8 (E) the place and manner of payment;
241+9 (F) the manner of execution of the note or notes;
242+10 (G) the terms of redemption;
243+11 (H) the funds or sources of funds from which the note or notes
244+12 are payable, which may be any funds and sources of funds
245+13 available to the borrower; and
246+14 (I) any other provisions not inconsistent with this section.
247+15 (3) The notes and the authorization, issuance, sale, and delivery
248+16 of the notes are not subject to any general statute concerning
249+17 obligations issued by the local governmental entity borrower. This
250+18 section contains full and complete authority for the making of the
251+19 loan, the authorization, issuance, sale, and delivery of the notes,
252+20 and the repayment of the loan by the borrower, and no law,
253+21 procedure, proceedings, publications, notices, consents,
254+22 approvals, orders, or acts by any officer, department, agency, or
255+23 instrument of the state or of any political subdivision is required
256+24 to make the loan, issue the notes, or repay the loan except as
257+25 prescribed in this section.
258+26 (4) The notes issued by a local governmental entity borrower are
259+27 exempt from taxation for all purposes and are exempt from any
260+28 security registration requirements provided for in Indiana statutes.
261+29 (5) Notes issued by a local governmental entity borrower under
262+30 this section are obligations for all purposes of this chapter.
263+31 (e) A municipality may issue bonds under IC 36-9-32-7(b) through
264+32 IC 36-9-32-7(j) for the economic development purposes listed in
265+33 subsection (c) and may repay the indebtedness solely from revenues
266+34 derived from the repayment of any notes, including notes evidencing
267+35 loans made under subsection (b).
268+36 (f) To the extent a revolving fund under subsection (b) is funded
269+37 from:
270+38 (1) revenues received by the county under IC 6-3.6-9 and
271+39 allocated for economic development purposes; under
272+40 IC 6-3.6-6-9; or
273+41 (2) repayments of principal and interest on loans from the
274+42 revolving fund that were funded with revenues described in
275+ES 1—LS 7244/DI 120 4
276+1 subdivision (1);
277+2 money in the revolving fund may at any time be transferred in whole
278+3 or in part to the unit's economic development income tax fund, as
279+4 determined by ordinance of the unit's fiscal body.
280+5 (g) The general assembly finds that counties and municipalities in
281+6 Indiana have a need to foster economic development and industrial and
282+7 commercial growth. The general assembly finds that it is necessary and
283+8 proper to provide an alternative method for municipalities to foster the
284+9 following:
285+10 (1) Economic development.
286+11 (2) Industrial and commercial growth.
287+12 (3) Employment opportunities.
288+13 (4) Diversification of industry and commerce.
289+14 It is declared that the fostering of economic development under this
290+15 section for the benefit of the general public, including industrial and
291+16 commercial enterprises, is a public purpose.
292+17 SECTION 3. IC 5-1-14-17 IS ADDED TO THE INDIANA CODE
293+18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
294+19 UPON PASSAGE]: Sec. 17. (a) This section applies to a qualified
295+20 political subdivision.
296+21 (b) As used this section, "general obligation bond" means a
297+22 bond issued for a short term period of not more than five (5) years
298+23 and payable from property taxes for a purpose or project that is
299+24 not a controlled project (as defined in IC 6-1.1-20-1.1) for which
300+25 the bond is not required to be issued using the procedures in
301+26 IC 6-1.1-20.
302+27 (c) As used in this section, "qualified political subdivision"
303+28 means a county, city, town, township, or school corporation.
304+29 (d) Notwithstanding any other law, and except as provided in
305+30 subsection (e), if a qualified political subdivision issues new general
306+31 obligation bonds, or has issued general obligation bonds before
307+32 May 1, 2025, for a period of two (2) years of less, then at the
308+33 expiration of those general obligation bonds, the qualified political
309+34 subdivision must wait one (1) year from that date before the
310+35 qualified political subdivision may issue general obligation bonds.
311+36 (e) Subsection (d) shall not apply to a qualified political
312+37 subdivision in the case of a natural disaster, an accident, or another
313+38 unanticipated emergency as determined by the department of local
314+39 government finance.
315+40 SECTION 4. IC 5-16-9-3, AS AMENDED BY P.L.197-2016,
316+41 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
317+42 JULY 1, 2027]: Sec. 3. (a) If a public agency has no parking facility
318+ES 1—LS 7244/DI 120 5
319+1 under its jurisdiction or control available to private persons who desire
320+2 to conduct business with the public agency, the public agency shall
321+3 direct the local authority having jurisdiction over the portion of the
322+4 streets which are adjacent to the facilities of the public agency to
323+5 reserve parking spaces for the use of persons with physical disabilities.
324+6 (b) If a retail shopping mall is constructed in whole or in part with
325+7 revenue derived from a local income tax imposed under IC 6-3.6-6 and
326+8 allocated for economic development purposes, under IC 6-3.6-6-9, the
327+9 local authority having jurisdiction over the portion of the streets
328+10 adjacent to the retail shopping mall shall reserve parking spaces for the
329+11 use of persons with physical disabilities.
330+12 SECTION 5. IC 6-1.1-2-11 IS ADDED TO THE INDIANA CODE
331+13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
332+14 UPON PASSAGE]: Sec. 11. (a) As used in this section, "tax
333+15 increment financing allocation area" means any area authorized
334+16 by statute in which ad valorem property taxes are allocated,
335+17 including the following:
336+18 (1) IC 6-1.1-39 (economic development districts).
337+19 (2) IC 8-22-3.5 (airport development zones).
338+20 (3) IC 36-7-14 (redevelopment of areas needing
339+21 redevelopment generally).
340+22 (4) IC 36-7-15.1 (redevelopment of areas in Marion County).
341+23 (5) IC 36-7-30 (reuse of federal military bases).
342+24 (6) IC 36-7-30.5 (development of multicounty federal military
343+25 bases).
344+26 (7) IC 36-7-32 (certified technology parks).
345+27 (8) IC 36-7-32.5 (innovation development districts).
346+28 (9) IC 36-7.5-4.5 (rail transit development districts).
347+29 (b) The department shall, in each year beginning after
348+30 December 31, 2025, and ending before January 1, 2034, adjust the
349+31 base assessed value of each tax increment financing allocation area
350+32 to neutralize the effect of the changing tax rates resulting year to
351+33 year from the homestead deduction under IC 6-1.1-12-37(c)(2) and
352+34 IC 6-1.1-12-37.5(c) and the deduction for eligible property under
353+35 IC 6-1.1-12-47. It is the intent of the general assembly that an
354+36 increase in revenue from a change in tax rates resulting from these
355+37 statutes accrue only to the base assessed value and not to the tax
356+38 increment financing allocation area. However, in the case of a
357+39 decrease in revenue from a change in tax rates resulting from these
358+40 statutes, the department may neutralize the change under this
359+41 subsection in a positive manner with regard to the tax increment
360+42 financing allocation area to protect the ability to pay bonds based
361+ES 1—LS 7244/DI 120 6
362+1 on incremental revenue, if the tax increment financing allocation
363+2 area demonstrates to the department that an adjustment is needed
364+3 before the department calculates a positive neutralization
365+4 adjustment.
366+5 SECTION 6. IC 6-1.1-3-7.2, AS AMENDED BY P.L.137-2022,
367+6 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
368+7 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 7.2. (a) This section
369+8 applies to assessment dates occurring after December 31, 2015.
370+9 (b) As used in this section, "affiliate" means an entity that
371+10 effectively controls or is controlled by a taxpayer or is associated with
372+11 a taxpayer under common ownership or control, whether by
373+12 shareholdings or other means.
374+13 (c) As used in this section, "business personal property" means
375+14 personal property that:
376+15 (1) is otherwise subject to assessment and taxation under this
377+16 article;
378+17 (2) is used in a trade or business or otherwise held, used, or
379+18 consumed in connection with the production of income; and
380+19 (3) was:
381+20 (A) acquired by the taxpayer in an arms length transaction
382+21 from an entity that is not an affiliate of the taxpayer, if the
383+22 personal property has been previously used in Indiana before
384+23 being placed in service in the county; or
385+24 (B) acquired in any manner, if the personal property has never
386+25 been previously used in Indiana before being placed in service
387+26 in the county.
388+27 The term does not include mobile homes assessed under IC 6-1.1-7,
389+28 personal property held as an investment, or personal property that is
390+29 assessed under IC 6-1.1-8 and is owned by a public utility subject to
391+30 regulation by the Indiana utility regulatory commission. However, the
392+31 term does include the personal property of a telephone company or a
393+32 communications service provider if that personal property meets the
394+33 requirements of subdivisions (1) through (3), regardless of whether that
395+34 personal property is assessed under IC 6-1.1-8 and regardless of
396+35 whether the telephone company or communications service provider is
397+36 subject to regulation by the Indiana utility regulatory commission.
398+37 (d) Notwithstanding section 7 of this chapter, if the acquisition cost
399+38 of a taxpayer's total business personal property in a county is less than:
400+39 (1) eighty thousand dollars ($80,000) for that assessment date,
401+40 assessment dates before 2025;
402+41 (2) one million dollars ($1,000,000) for the 2025 assessment
403+42 date; and
404+ES 1—LS 7244/DI 120 7
405+1 (3) two million dollars ($2,000,000) for the 2026 assessment
406+2 date, and each assessment date thereafter;
407+3 the taxpayer's business personal property in the county for that
408+4 assessment date is exempt from taxation.
409+5 (e) Subject to subsection (f), a taxpayer that is eligible for the
410+6 exemption under this section for an assessment date shall include the
411+7 following information on the taxpayer's personal property tax return:
412+8 (1) A declaration that the taxpayer's business personal property in
413+9 the county is exempt from property taxation.
414+10 (2) Whether the taxpayer's business personal property within the
415+11 county is in one (1) location or multiple locations.
416+12 (3) An address for the location of the property.
417+13 If the business personal property is in multiple locations within a
418+14 county, the taxpayer shall provide an address for the location where the
419+15 sum of acquisition costs for business personal property is greatest. If
420+16 two (2) or more addresses contain the greatest equivalent sum of
421+17 acquisition costs for business personal property within a given county,
422+18 the taxpayer shall choose only one (1) address to list on the return.
423+19 (f) Beginning after December 31, 2022, a taxpayer that has included
424+20 the information required under subsection (e) on the taxpayer's
425+21 personal property tax return to claim the exemption under this section
426+22 is not required to file a personal property return for the taxpayer's
427+23 business personal property for an assessment date that occurs after the
428+24 assessment date for which the information is first provided under
429+25 subsection (e), unless or until the taxpayer no longer qualifies for the
430+26 exemption under subsection (d) for a subsequent assessment date.
431+27 SECTION 7. IC 6-1.1-3-22, AS AMENDED BY P.L.159-2020,
432+28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
433+29 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 22. (a) Except to the
434+30 extent that it conflicts with a statute and subject to subsection (f), 50
435+31 IAC 4.2 (as in effect January 1, 2001), which was formerly
436+32 incorporated by reference into this section, is reinstated as a rule.
437+33 (b) Tangible personal property within the scope of 50 IAC 4.2 (as
438+34 in effect January 1, 2001) shall be assessed on the assessment dates in
439+35 calendar years 2003 and thereafter in conformity with 50 IAC 4.2 (as
440+36 in effect January 1, 2001).
441+37 (c) The publisher of the Indiana Administrative Code shall publish
442+38 50 IAC 4.2 (as in effect January 1, 2001) in the Indiana Administrative
443+39 Code.
444+40 (d) 50 IAC 4.3 and any other rule to the extent that it conflicts with
445+41 this section is void.
446+42 (e) A reference in 50 IAC 4.2 to a governmental entity that has been
447+ES 1—LS 7244/DI 120 8
448+1 terminated or a statute that has been repealed or amended shall be
449+2 treated as a reference to its successor.
450+3 (f) The department of local government finance may not amend or
451+4 repeal the following (all as in effect January 1, 2001):
452+5 (1) 50 IAC 4.2-4-3(f).
453+6 (2) 50 IAC 4.2-4-7.
454+7 (3) 50 IAC 4.2-4-9.
455+8 (4) 50 IAC 4.2-5-7.
456+9 (5) 50 IAC 4.2-5-13.
457+10 (6) 50 IAC 4.2-6-1.
458+11 (7) 50 IAC 4.2-6-2.
459+12 (8) 50 IAC 4.2-8-9.
460+13 However, the department of local government finance may amend
461+14 these rules to conform with statutory changes.
462+15 (g) Notwithstanding any other provision of this section, 50
463+16 IAC 4.2-4-6(c) is void effective July 1, 2015. The publisher of the
464+17 Indiana Administrative Code and the Indiana Register shall remove this
465+18 provision from the Indiana Administrative Code.
466+19 (h) Notwithstanding any other provision of this section, the
467+20 department of local government finance shall adopt rules
468+21 amending 50 IAC 4.2 to reflect the enactment of section 29 of this
469+22 chapter.
470+23 SECTION 8. IC 6-1.1-3-23, AS AMENDED BY P.L.220-2011,
471+24 SECTION 119, IS AMENDED TO READ AS FOLLOWS
472+25 [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 23. (a) In
473+26 enacting this section, the general assembly finds the following:
474+27 (1) The economy of northern Indiana has historically been heavily
475+28 dependent upon:
476+29 (A) the domestic steel industry, particularly the integrated steel
477+30 mill business, which produces steel from basic raw materials
478+31 through blast furnace and related operations; and
479+32 (B) the oil refining and petrochemical industry.
480+33 (2) Northern Indiana is the only area of Indiana with integrated
481+34 steelmaking facilities.
482+35 (3) During the last thirty (30) years, the domestic steel industry
483+36 has experienced significant financial difficulties. More than
484+37 one-half (1/2) of the integrated steel mills in the United States
485+38 were shut down or deintegrated, with the remainder requiring
486+39 significant investment and the addition of new processes to make
487+40 the facilities economically competitive with newer foreign and
488+41 domestic steelmaking facilities and processes.
489+42 (4) The United States needs to protect the capacity of the oil
490+ES 1—LS 7244/DI 120 9
491+1 refining and petrochemical industry. No oil refineries have been
492+2 built in the United States since 1976.
493+3 (5) Given the economic conditions affecting older integrated
494+4 steelmaking facilities, integrated steel mills claimed abnormal
495+5 obsolescence in reporting the assessed value of equipment located
496+6 at the integrated steelmaking facilities that began operations
497+7 before 1970, thereby reporting the equipment's assessed value at
498+8 far below thirty percent (30%) of the equipment's total cost (far
499+9 below the "thirty percent (30%) floor" value generally applicable
500+10 to equipment exhibiting only normal obsolescence under the
501+11 current department of local government finance rules).
502+12 (6) Current law existing before January 1, 2003, obligates the
503+13 taxpayers making abnormal obsolescence claims to pay personal
504+14 property taxes based only on, and permits communities to
505+15 determine property tax budgets and rates based only on, the
506+16 reported personal property assessed values until the personal
507+17 property appeals are resolved. Consequently, as a result of
508+18 abnormal obsolescence claims, the property tax base of
509+19 communities in northern Indiana is severely reduced for an
510+20 indeterminate period (if not permanently). The prospect of future
511+21 appeals and their attendant problems on an ongoing basis must be
512+22 addressed.
513+23 (7) A new, optional method for valuing the equipment of
514+24 integrated steel mills and entities that are at least fifty percent
515+25 (50%) owned by an affiliate of an integrated steel mill ("related
516+26 entities") and the oil refining and petrochemical industry in
517+27 northern Indiana is needed. That optional method:
518+28 (A) recognizes the loss of value and difficulty in valuing
519+29 equipment at integrated steelmaking facilities and facilities of
520+30 the oil refining and petrochemical industry that commenced
521+31 operations decades ago and at the facilities of related entities;
522+32 (B) recognizes that depreciable personal property used in
523+33 integrated steelmaking and in oil refinery or petrochemical
524+34 operations and by related entities is affected by different
525+35 economic and market forces than depreciable personal
526+36 property used in other industries and certain other segments of
527+37 the steel industry and therefore experiences different amounts
528+38 of obsolescence and depreciation; and
529+39 (C) can be used to simply and efficiently arrive at a value
530+40 commensurate with that property's age, use, obsolescence, and
531+41 market circumstances instead of the current method and its
532+42 potentially contentious and lengthy appeals. Such an optional
533+ES 1—LS 7244/DI 120 10
534+1 method would benefit the communities where these older
535+2 facilities are located.
536+3 (8) Such an optional method would be to authorize a fifth pool in
537+4 the depreciation schedule for valuing the equipment of integrated
538+5 steel mills, related entities, and the oil refining and petrochemical
539+6 industry that reflects all adjustments to the value of that
540+7 equipment for depreciation and obsolescence, including abnormal
541+8 obsolescence, which precludes any taxpayer electing such a
542+9 method from taking any other obsolescence adjustment for the
543+10 equipment, and which applies only at the election of the taxpayer.
544+11 (9) The purpose for authorizing the Pool 5 method is to provide
545+12 a more simplified and efficient method for valuing the equipment
546+13 of integrated steel mills and the oil refining and petrochemical
547+14 industry that recognizes the loss of value and unusual problems
548+15 associated with the valuation of the equipment or facilities that
549+16 began operations before 1970 in those industries in northern
550+17 Indiana, as well as for valuing the equipment of related entities,
551+18 to stabilize local property tax revenue by eliminating the need for
552+19 abnormal obsolescence claims, and to encourage those industries
553+20 to continue to invest in northern Indiana, thereby contributing to
554+21 the economic life and well-being of communities in northern
555+22 Indiana, the residents of northern Indiana, and Indiana generally.
556+23 (10) The specific circumstances described in this section do not
557+24 exist throughout the rest of Indiana.
558+25 (b) For purposes of this section:
559+26 (1) "adjusted cost" refers to the adjusted cost established in 50
560+27 IAC 4.2-4-4 (as in effect on January 1, 2003);
561+28 (2) "depreciable personal property" has the meaning set forth in
562+29 50 IAC 4.2-4-1 (as in effect on January 1, 2003);
563+30 (3) "integrated steel mill" means a person, including a subsidiary
564+31 of a corporation, that produces steel by processing iron ore and
565+32 other raw materials in a blast furnace in Indiana;
566+33 (4) "oil refinery/petrochemical company" means a person that
567+34 produces a variety of petroleum products by processing an annual
568+35 average of at least one hundred thousand (100,000) barrels of
569+36 crude oil per day;
570+37 (5) "permanently retired depreciable personal property" has the
571+38 meaning set forth in 50 IAC 4.2-4-3 (as in effect on January 1,
572+39 2003);
573+40 (6) "pool" refers to a pool established in 50 IAC 4.2-4-5(a) (as in
574+41 effect on January 1, 2003);
575+42 (7) "special integrated steel mill or oil refinery/petrochemical
576+ES 1—LS 7244/DI 120 11
577+1 equipment" means depreciable personal property, other than
578+2 special tools and permanently retired depreciable personal
579+3 property:
580+4 (A) that:
581+5 (i) is owned, leased, or used by an integrated steel mill or an
582+6 entity that is at least fifty percent (50%) owned by an
583+7 affiliate of an integrated steel mill; and
584+8 (ii) falls within Asset Class 33.4 as set forth in IRS Rev.
585+9 Proc. 87-56, 1987-2, C.B. 647; or
586+10 (B) that:
587+11 (i) is owned, leased, or used as an integrated part of an oil
588+12 refinery/petrochemical company or its affiliate; and
589+13 (ii) falls within Asset Class 13.3 or 28.0 as set forth in IRS
590+14 Rev. Proc. 87-56, 1987-2, C.B. 647;
591+15 (8) "special tools" has the meaning set forth in 50 IAC 4.2-6-2 (as
592+16 in effect on January 1, 2003); and
593+17 (9) "year of acquisition" refers to the year of acquisition
594+18 determined under 50 IAC 4.2-4-6 (as in effect on January 1,
595+19 2003).
596+20 (c) Notwithstanding 50 IAC 4.2-4-4, 50 IAC 4.2-4-6, and 50
597+21 IAC 4.2-4-7, a taxpayer may elect to calculate the true tax value of the
598+22 taxpayer's special integrated steel mill or oil refinery/petrochemical
599+23 equipment by multiplying the adjusted cost of that equipment by the
600+24 percentage set forth in the following table:
601+25 Year of Acquisition Percentage
602+26 1 40%
603+27 2 56%
604+28 3 42%
605+29 4 32%
606+30 5 24%
607+31 6 18%
608+32 7 15%
609+33 8 and older 10%
610+34 (d) The department of local government finance shall designate the
611+35 table under subsection (c) as "Pool No. 5" on the business personal
612+36 property tax return.
613+37 (e) The percentage factors in the table under subsection (c)
614+38 automatically reflect all adjustments for depreciation and obsolescence,
615+39 including abnormal obsolescence, for special integrated steel mill or oil
616+40 refinery/petrochemical equipment. The equipment is entitled to all
617+41 exemptions, credits, and deductions for which it qualifies.
618+42 (f) The minimum valuation limitations under 50 IAC 4.2-4-9
619+ES 1—LS 7244/DI 120 12
620+1 section 29 of this chapter do not apply to special integrated steel mill
621+2 or oil refinery/petrochemical equipment valued under this section. The
622+3 value of the equipment is not included in the calculation of that
623+4 minimum valuation limitation for the taxpayer's other assessable
624+5 depreciable personal property in the taxing district.
625+6 (g) An election to value special integrated steel mill or oil
626+7 refinery/petrochemical equipment under this section:
627+8 (1) must be made by reporting the equipment under this section
628+9 on a business personal property tax return;
629+10 (2) applies to all of the taxpayer's special integrated steel mill or
630+11 oil refinery/petrochemical equipment located in the state (whether
631+12 owned or leased, or used as an integrated part of the equipment);
632+13 and
633+14 (3) is binding on the taxpayer for the assessment date for which
634+15 the election is made.
635+16 The department of local government finance shall prescribe the forms
636+17 to make the election beginning with the March 1, 2003, assessment
637+18 date. Any special integrated steel mill or oil refinery/petrochemical
638+19 equipment acquired by a taxpayer that has made an election under this
639+20 section is valued under this section.
640+21 (h) If fifty percent (50%) or more of the adjusted cost of a taxpayer's
641+22 property that would, notwithstanding this section, be reported in a pool
642+23 other than Pool No. 5 is attributable to special integrated steel mill or
643+24 oil refinery/petrochemical equipment, the taxpayer may elect to
644+25 calculate the true tax value of all of that property as special integrated
645+26 steel mill or oil refinery/petrochemical equipment. The true tax value
646+27 of property for which an election is made under this subsection is
647+28 calculated under subsections (c) through (g).
648+29 SECTION 9. IC 6-1.1-3-23.5, AS AMENDED BY P.L.236-2023,
649+30 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
650+31 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 23.5. (a) For purposes of
651+32 this section:
652+33 (1) "adjusted cost" has the meaning set forth in section 23(b)(1)
653+34 of this chapter;
654+35 (2) "depreciable personal property" has the meaning set forth in
655+36 section 23(b)(2) of this chapter;
656+37 (3) "mini-mill" means a person, including a subsidiary of a
657+38 corporation, that produces steel using an electric arc furnace in
658+39 Indiana;
659+40 (4) "permanently retired depreciable personal property" has the
660+41 meaning set forth in section 23(b)(5) of this chapter;
661+42 (5) "pool" has the meaning set forth in section 23(b)(6) of this
662+ES 1—LS 7244/DI 120 13
663+1 chapter;
664+2 (6) "mini-mill equipment" means depreciable personal property,
665+3 other than special tools and permanently retired depreciable
666+4 personal property, that is owned, leased, or used by a mini-mill or
667+5 an entity that is at least fifty percent (50%) owned by an affiliate
668+6 of a mini-mill in the production of steel;
669+7 (7) "special tools" has the meaning set forth in section 23(b)(8) of
670+8 this chapter; and
671+9 (8) "year of acquisition" for purposes of applying the table in
672+10 section 23(c) of this chapter, has the meaning set forth in section
673+11 23(b)(9) of this chapter.
674+12 (b) Notwithstanding 50 IAC 4.2-4-4, 50 IAC 4.2-4-6, and 50
675+13 IAC 4.2-4-7, beginning with the January 1, 2023, assessment date, a
676+14 taxpayer may elect to calculate the true tax value of the taxpayer's
677+15 mini-mill equipment by multiplying the adjusted cost of that equipment
678+16 by the applicable percentage set forth in the table designated as "Pool
679+17 No. 5" under section 23(c) and 23(d) of this chapter.
680+18 (c) The percentage factors in the table under section 23(c) of this
681+19 chapter automatically reflect all adjustments for depreciation and
682+20 obsolescence, including abnormal obsolescence, for mini-mill
683+21 equipment. The equipment is entitled to all exemptions, credits, and
684+22 deductions for which it qualifies.
685+23 (d) The minimum valuation limitations under 50 IAC 4.2-4-9
686+24 section 29 of this chapter do not apply to mini-mill equipment valued
687+25 under this section. The value of the equipment is not included in the
688+26 calculation of that minimum valuation limitation for the taxpayer's
689+27 other assessable depreciable personal property in the taxing district.
690+28 (e) An election to value mini-mill equipment under this section:
691+29 (1) must be made by reporting the equipment under this section
692+30 on a business personal property tax return;
693+31 (2) applies to all of the taxpayer's mini-mill equipment located in
694+32 the state (whether owned or leased, or used as an integrated part
695+33 of the equipment); and
696+34 (3) is binding on the taxpayer for the assessment date for which
697+35 the election is made.
698+36 The department of local government finance shall prescribe the forms
699+37 to make the election beginning with the January 1, 2023, assessment
700+38 date. Any mini-mill equipment acquired by a taxpayer that has made
701+39 an election under this section is valued under this section.
702+40 (f) If fifty percent (50%) or more of the adjusted cost of a taxpayer's
703+41 property that would, notwithstanding this section, be reported in a pool
704+42 other than "Pool No. 5" (as designated under section 23 of this chapter)
705+ES 1—LS 7244/DI 120 14
706+1 is attributable to mini-mill equipment, the taxpayer may elect to
707+2 calculate the true tax value of all of that property as mini-mill
708+3 equipment. The true tax value of property for which an election is made
709+4 under this subsection is calculated under subsections (b) through (e).
710+5 SECTION 10. IC 6-1.1-3-25, AS ADDED BY P.L.238-2017,
711+6 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
712+7 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 25. (a) As used in this
713+8 section, "district" refers to an entrepreneur and enterprise district
714+9 designated under IC 5-28-15.5.
715+10 (b) Notwithstanding section 22(b) of this chapter and
716+11 IC 6-1.1-8-44(b), assessable depreciable personal property that:
717+12 (1) is located in a district;
718+13 (2) is placed in service in the district by the owner of the property
719+14 after the designation of the district under IC 5-28-15.5; and
720+15 (3) is used within the district by one (1) or more employees who
721+16 perform the majority of their service within the district;
722+17 is not subject to the valuation limitations in 50 IAC 4.2-4-9 section 29
723+18 of this chapter or 50 IAC 5.1-6-9. IC 6-1.1-8-45.
724+19 SECTION 11. IC 6-1.1-3-29 IS ADDED TO THE INDIANA CODE
725+20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
726+21 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 29. (a) This subsection
727+22 applies only to a taxpayer's assessable depreciable personal
728+23 property that is placed in service on or before January 1, 2025.
729+24 Except as provided in subsections (b) and (c), for each assessment
730+25 date, the total valuation of a taxpayer's assessable depreciable
731+26 personal property in a single taxing district may not be less than
732+27 thirty percent (30%) of the adjusted cost of all the taxpayer's
733+28 assessable depreciable personal property in the taxing district.
734+29 (b) The limitation set forth in subsection (a) is to be applied
735+30 before any special adjustment for abnormal obsolescence. The
736+31 limitation does not apply to equipment not placed in service,
737+32 special tooling, and permanently retired depreciable personal
738+33 property.
739+34 (c) Depreciable personal property that is placed in service after
740+35 January 1, 2025, is not subject to the minimum valuation limitation
741+36 under this section. However, if depreciable personal property is
742+37 placed in service after January 1, 2025, and:
743+38 (1) is located in an existing tax increment allocation area for
744+39 which the base assessed value is determined before January
745+40 1, 2025; or
746+41 (2) property tax revenue that is attributable to the depreciable
747+42 personal property is pledged as payment for bonds, leases, or
748+ES 1—LS 7244/DI 120 15
749+1 other obligations;
750+2 the depreciable personal property remains subject to the minimum
751+3 valuation limitations under this section.
752+4 SECTION 12. IC 6-1.1-4-4.5, AS AMENDED BY P.L.8-2022,
753+5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
754+6 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 4.5. (a) The department
755+7 of local government finance shall adopt rules establishing a system for
756+8 annually adjusting the assessed value of real property to account for
757+9 changes in value in those years since a reassessment under section 4.2
758+10 of this chapter for the property last took effect.
759+11 (b) Subject to subsection (f), the system must be applied to adjust
760+12 assessed values beginning with the 2006 assessment date and each year
761+13 thereafter that is not a year in which a reassessment under section 4.2
762+14 of this chapter for the property becomes effective.
763+15 (c) The rules adopted under subsection (a) must include the
764+16 following characteristics in the system:
765+17 (1) Promote uniform and equal assessment of real property within
766+18 and across classifications.
767+19 (2) Require that assessing officials:
768+20 (A) reevaluate the factors that affect value;
769+21 (B) express the interactions of those factors mathematically;
770+22 (C) use mass appraisal techniques to estimate updated property
771+23 values within statistical measures of accuracy; and
772+24 (D) provide notice to taxpayers of an assessment increase that
773+25 results from the application of annual adjustments.
774+26 (3) Prescribe procedures that permit the application of the
775+27 adjustment percentages in an efficient manner by assessing
776+28 officials.
777+29 (d) The department of local government finance must review and
778+30 certify each annual adjustment determined under this section.
779+31 (e) For an assessment beginning after December 31, 2022,
780+32 agricultural improvements such as but not limited to barns, grain bins,
781+33 or silos on land assessed as agricultural shall not be adjusted using
782+34 factors, such as neighborhood delineation, that are appropriate for use
783+35 in adjusting residential, commercial, and industrial real property. Those
784+36 portions of agricultural parcels that include land and buildings not used
785+37 for an agricultural purpose, such as homes, homesites, and excess
786+38 residential land and commercial or industrial land and buildings, shall
787+39 be adjusted by the factor or factors developed for other similar property
788+40 within the geographic stratification. The residential portion of
789+41 agricultural properties shall be adjusted by the factors applied to
790+42 similar residential purposes.
791+ES 1—LS 7244/DI 120 16
792+1 (f) In making the annual determination of the base rate to satisfy the
793+2 requirement for an annual adjustment for each assessment date, the
794+3 department of local government finance shall, not later than March 1
795+4 of each year, determine the base rate using the methodology reflected
796+5 in Table 2-18 of Book 1, Chapter 2 of the department of local
797+6 government finance's Real Property Assessment Guidelines (as in
798+7 effect on January 1, 2005), except that the department shall adjust the
799+8 methodology as follows:
800+9 (1) Use a six (6) year rolling average adjusted under subdivision
801+10 (3) instead of a four (4) year rolling average.
802+11 (2) Use the data from the six (6) most recent years preceding the
803+12 year in which the assessment date occurs for which data is
804+13 available, before one (1) of those six (6) years is eliminated under
805+14 subdivision (3) when determining the rolling average.
806+15 (3) Eliminate in the calculation of the rolling average the year
807+16 among the six (6) years for which the highest market value in use
808+17 of agricultural land is determined.
809+18 (4) After determining a preliminary base rate that would apply for
810+19 the assessment date without applying the adjustment under this
811+20 subdivision, the department of local government finance shall
812+21 adjust the preliminary base rate as follows:
813+22 (A) If the preliminary base rate for the assessment date would
814+23 be at least ten percent (10%) greater than the final base rate
815+24 determined for the preceding assessment date, a capitalization
816+25 rate of:
817+26 (i) for purposes of determining the preliminary base rate
818+27 for the January 1, 2025, and the January 1, 2026,
819+28 assessment dates, nine percent (9%); and
820+29 (ii) for purposes of determining the preliminary base
821+30 rate for assessment dates before January 1, 2025, and for
822+31 assessment dates after December 31, 2026, eight percent
823+32 (8%);
824+33 shall be used to determine the final base rate.
825+34 (B) If the preliminary base rate for the assessment date would
826+35 be at least ten percent (10%) less than the final base rate
827+36 determined for the preceding assessment date, a capitalization
828+37 rate of six percent (6%) shall be used to determine the final
829+38 base rate.
830+39 (C) If neither clause (A) nor clause (B) applies, a capitalization
831+40 rate of seven percent (7%) shall be used to determine the final
832+41 base rate.
833+42 (D) In the case of a market value in use for a year that is used
834+ES 1—LS 7244/DI 120 17
835+1 in the calculation of the six (6) year rolling average under
836+2 subdivision (1) for purposes of determining the base rate for
837+3 the assessment date:
838+4 (i) that market value in use shall be recalculated by using the
839+5 capitalization rate determined under clauses (A) through (C)
840+6 for the calculation of the base rate for the assessment date;
841+7 and
842+8 (ii) the market value in use recalculated under item (i) shall
843+9 be used in the calculation of the six (6) year rolling average
844+10 under subdivision (1).
845+11 (g) For assessment dates after December 31, 2009, an adjustment in
846+12 the assessed value of real property under this section shall be based on
847+13 the estimated true tax value of the property on the assessment date that
848+14 is the basis for taxes payable on that real property.
849+15 (h) The department shall release the department's annual
850+16 determination of the base rate on or before March 1 of each year.
851+17 SECTION 13. IC 6-1.1-8-44, AS AMENDED BY P.L.38-2021,
852+18 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
853+19 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 44. (a) Except to the
854+20 extent that it conflicts with a statute and subject to subsection (f), 50
855+21 IAC 5.1 (as in effect January 1, 2001), which was formerly
856+22 incorporated by reference into this section, is reinstated as a rule.
857+23 (b) Tangible personal property within the scope of 50 IAC 5.1 (as
858+24 in effect January 1, 2001) shall be assessed on the assessment dates in
859+25 calendar years 2003 and thereafter in conformity with 50 IAC 5.1 (as
860+26 in effect January 1, 2001).
861+27 (c) The publisher of the Indiana Administrative Code shall publish
862+28 50 IAC 5.1 (as in effect January 1, 2001) in the Indiana Administrative
863+29 Code.
864+30 (d) 50 IAC 5.2 and any other rule to the extent that it conflicts with
865+31 this section is void.
866+32 (e) A reference in 50 IAC 5.1 to a governmental entity that has been
867+33 terminated or a statute that has been repealed or amended shall be
868+34 treated as a reference to its successor.
869+35 (f) The department of local government finance may not amend or
870+36 repeal the following (all as in effect January 1, 2001):
871+37 (1) 50 IAC 5.1-6-6.
872+38 (2) 50 IAC 5.1-6-7.
873+39 (3) 50 IAC 5.1-6-8.
874+40 (4) 50 IAC 5.1-6-9.
875+41 (5) 50 IAC 5.1-8-1.
876+42 (6) 50 IAC 5.1-9-1.
877+ES 1—LS 7244/DI 120 18
878+1 (7) 50 IAC 5.1-9-2.
879+2 However, the department of local government finance may amend
880+3 these rules to reflect statutory changes.
881+4 (g) Notwithstanding any other provision of this section, the
882+5 department of local government finance shall adopt rules
883+6 amending 50 IAC 5.1 to reflect the enactment of section 45 of this
884+7 chapter.
885+8 SECTION 14. IC 6-1.1-8-45 IS ADDED TO THE INDIANA CODE
886+9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
887+10 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 45. (a) This subsection
888+11 applies only to a taxpayer's assessable depreciable personal
889+12 property that is placed in service on or before January 1, 2025.
890+13 Except as provided in subsections (b) and (c), for each assessment
891+14 date, the total valuation of a taxpayer's assessable depreciable
892+15 personal property in a single taxing district may not be less than
893+16 thirty percent (30%) of the adjusted cost of all the taxpayer's
894+17 assessable depreciable property in the taxing district.
895+18 (b) The limitation set forth in subsection (a) is to be applied
896+19 before any special adjustment for abnormal obsolescence. The
897+20 limitation does not apply to equipment not placed in service,
898+21 special tooling, and permanently retired depreciable personal
899+22 property.
900+23 (c) Depreciable personal property that is placed in service after
901+24 January 1, 2025, is not subject to the minimum valuation limitation
902+25 under this section. However, if depreciable personal property is
903+26 placed in service after January 1, 2025, and:
904+27 (1) is located in an existing tax increment allocation area for
905+28 which the base assessed value is determined before January
906+29 1, 2025; or
907+30 (2) property tax revenue that is attributable to the depreciable
908+31 personal property is pledged as payment for bonds, leases, or
909+32 other obligations;
910+33 the depreciable personal property remains subject to the minimum
911+34 valuation limitations under this section.
912+35 SECTION 15. IC 6-1.1-10.3-2 IS REPEALED [EFFECTIVE JULY
913+36 1, 2027]. Sec. 2. As used in this chapter, "local income tax council"
914+37 refers to the local income tax council established by IC 6-3.6-3-1 for a
915+38 county.
916+39 SECTION 16. IC 6-1.1-10.3-3, AS AMENDED BY P.L.197-2016,
917+40 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
918+41 JULY 1, 2027]: Sec. 3. As used in this chapter, "exemption ordinance"
919+42 refers to an ordinance adopted under section 5 of this chapter by a local
920+ES 1—LS 7244/DI 120 19
921+1 income tax council (before July 1, 2027) or by a county adopting
922+2 body specified in IC 6-3.6-3-1(a) (after June 30, 2027).
923+3 SECTION 17. IC 6-1.1-10.3-5, AS AMENDED BY P.L.197-2016,
924+4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
925+5 JULY 1, 2027]: Sec. 5. (a) A local income tax council county adopting
926+6 body specified in IC 6-3.6-3-1(a) may adopt an exemption ordinance
927+7 that exempts new personal property located in the county from property
928+8 taxation as provided in section 6 of this chapter.
929+9 (b) For purposes of adopting an exemption ordinance under this
930+10 chapter, a local income tax council is comprised of the same members
931+11 as the local income tax council that is established by IC 6-3.6-3-1 for
932+12 the county, regardless of whether a local income tax is in effect in the
933+13 county and regardless of how the local income tax in effect in the
934+14 county is allocated. Except as provided in this chapter, the local income
935+15 tax council county adopting body shall use the same procedures that
936+16 apply to county adopting bodies under IC 6-3.6-3 when acting under
937+17 this chapter.
938+18 (c) Before adopting an exemption ordinance under this section, a
939+19 local income tax council county adopting body must conduct a public
940+20 hearing on the proposed exemption ordinance. The local income tax
941+21 council county adopting body must publish notice of the public
942+22 hearing in accordance with IC 5-3-1.
943+23 (d) The local income tax council county adopting body shall
944+24 provide a certified copy of an adopted exemption ordinance to the
945+25 department of local government finance and the county auditor.
946+26 SECTION 18. IC 6-1.1-10.3-7, AS AMENDED BY P.L.197-2016,
947+27 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
948+28 JULY 1, 2027]: Sec. 7. A local income tax council county adopting
949+29 body specified in IC 6-3.6-3-1(a) may repeal or amend an exemption
950+30 ordinance. However, if a local income tax council county adopting
951+31 body repeals or amends an exemption ordinance, any new personal
952+32 property that was exempt under the exemption ordinance on the date
953+33 the new personal property was placed into service by a taxpayer
954+34 remains exempt from property taxation, regardless of whether or not
955+35 the ownership of the new personal property changes after the date the
956+36 exemption ordinance is amended or repealed.
957+37 SECTION 19. IC 6-1.1-12-0.7, AS AMENDED BY P.L.99-2007,
958+38 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
959+39 JULY 1, 2025]: Sec. 0.7. Any individual who is sixty-five (65) years of
960+40 age, is blind, or has a disability (within the meaning of section 11 of
961+41 this chapter, before its expiration) may appoint an individual eighteen
962+42 (18) years of age or older to act on the individual's behalf for purposes
963+ES 1—LS 7244/DI 120 20
964+1 of filing property tax deduction statements for any deductions provided
965+2 by this chapter. If a statement is filed by an appointee, the appointee's
966+3 name, address, and telephone number must be included in the
967+4 statement.
968+5 SECTION 20. IC 6-1.1-12-9, AS AMENDED BY P.L.239-2023,
969+6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
970+7 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 9. (a) An individual may
971+8 obtain a deduction from the assessed value of the individual's real
972+9 property, or mobile home or manufactured home which is not assessed
973+10 as real property, if:
974+11 (1) the individual is at least sixty-five (65) years of age on or
975+12 before December 31 of the calendar year preceding the year in
976+13 which the deduction is claimed;
977+14 (2) for assessment dates before January 1, 2020, the combined
978+15 adjusted gross income (as defined in Section 62 of the Internal
979+16 Revenue Code) of:
980+17 (A) the individual and the individual's spouse; or
981+18 (B) the individual and all other individuals with whom:
982+19 (i) the individual shares ownership; or
983+20 (ii) the individual is purchasing the property under a
984+21 contract;
985+22 as joint tenants or tenants in common;
986+23 for the calendar year preceding the year in which the deduction is
987+24 claimed did not exceed twenty-five thousand dollars ($25,000);
988+25 (3) for assessment dates after December 31, 2019:
989+26 (A) the individual had, in the case of an individual who filed
990+27 a single return, adjusted gross income (as defined in Section
991+28 62 of the Internal Revenue Code) not exceeding thirty
992+29 thousand dollars ($30,000), and beginning for the January 1,
993+30 2023, assessment date, and each assessment date thereafter,
994+31 adjusted annually by an amount equal to the percentage cost
995+32 of living increase applied for Social Security benefits for the
996+33 immediately preceding calendar year;
997+34 (B) the individual had, in the case of an individual who filed
998+35 a joint income tax return with the individual's spouse,
999+36 combined adjusted gross income (as defined in Section 62 of
1000+37 the Internal Revenue Code) not exceeding forty thousand
1001+38 dollars ($40,000), and beginning for the January 1, 2023,
1002+39 assessment date, and each assessment date thereafter, adjusted
1003+40 annually by an amount equal to the percentage cost of living
1004+41 increase applied for Social Security benefits for the
1005+42 immediately preceding calendar year; or
1006+ES 1—LS 7244/DI 120 21
1007+1 (C) the combined adjusted gross income (as defined in Section
1008+2 62 of the Internal Revenue Code) of the individual and all
1009+3 other individuals with whom:
1010+4 (i) the individual shares ownership; or
1011+5 (ii) the individual is purchasing the property under a
1012+6 contract;
1013+7 as joint tenants or tenants in common did not exceed forty
1014+8 thousand dollars ($40,000), and beginning for the January 1,
1015+9 2023, assessment date, and each assessment date thereafter,
1016+10 adjusted annually by an amount equal to the percentage cost
1017+11 of living increase applied for Social Security benefits for the
1018+12 immediately preceding calendar year;
1019+13 for the calendar year preceding by two (2) years the calendar year
1020+14 in which the property taxes are first due and payable;
1021+15 (4) the individual has owned the real property, mobile home, or
1022+16 manufactured home for at least one (1) year before claiming the
1023+17 deduction; or the individual has been buying the real property,
1024+18 mobile home, or manufactured home under a contract that
1025+19 provides that the individual is to pay the property taxes on the real
1026+20 property, mobile home, or manufactured home for at least one (1)
1027+21 year before claiming the deduction, and the contract or a
1028+22 memorandum of the contract is recorded in the county recorder's
1029+23 office;
1030+24 (5) for assessment dates:
1031+25 (A) before January 1, 2020, the individual and any individuals
1032+26 covered by subdivision (2)(B) reside on the real property,
1033+27 mobile home, or manufactured home; or
1034+28 (B) after December 31, 2019, the individual and any
1035+29 individuals covered by subdivision (3)(C) reside on the real
1036+30 property, mobile home, or manufactured home;
1037+31 (6) except as provided in subsection (i), the assessed value of the
1038+32 real property, mobile home, or manufactured home does not
1039+33 exceed two hundred forty thousand dollars ($240,000);
1040+34 (7) the individual receives no other property tax deduction for the
1041+35 year in which the deduction is claimed, except the deductions
1042+36 provided by sections 37, (for assessment dates after February 28,
1043+37 2008) 37.5, and 38 of this chapter; and
1044+38 (8) the person:
1045+39 (A) owns the real property, mobile home, or manufactured
1046+40 home; or
1047+41 (B) is buying the real property, mobile home, or manufactured
1048+42 home under contract;
1049+ES 1—LS 7244/DI 120 22
1050+1 on the date the statement required by section 10.1 of this chapter
1051+2 is filed.
1052+3 For purposes of applying the annual cost of living increases described
1053+4 in subdivision (3)(A) through (3)(C), the annual percentage increase is
1054+5 applied to the adjusted amount of income from the immediately
1055+6 preceding year.
1056+7 (b) Except as provided in subsection (h), in the case of real property,
1057+8 an individual's deduction under this section equals the lesser of:
1058+9 (1) one-half (1/2) of the assessed value of the real property; or
1059+10 (2) fourteen thousand dollars ($14,000).
1060+11 (c) Except as provided in subsection (h) and section 40.5 of this
1061+12 chapter, in the case of a mobile home that is not assessed as real
1062+13 property or a manufactured home which is not assessed as real
1063+14 property, an individual's deduction under this section equals the lesser
1064+15 of:
1065+16 (1) one-half (1/2) of the assessed value of the mobile home or
1066+17 manufactured home; or
1067+18 (2) fourteen thousand dollars ($14,000).
1068+19 (d) An individual may not be denied the deduction provided under
1069+20 this section because the individual is absent from the real property,
1070+21 mobile home, or manufactured home while in a nursing home or
1071+22 hospital.
1072+23 (e) For purposes of this section, if real property, a mobile home, or
1073+24 a manufactured home is owned by:
1074+25 (1) tenants by the entirety;
1075+26 (2) joint tenants; or
1076+27 (3) tenants in common;
1077+28 only one (1) deduction may be allowed. However, the age requirement
1078+29 is satisfied if any one (1) of the tenants is at least sixty-five (65) years
1079+30 of age.
1080+31 (f) A surviving spouse is entitled to the deduction provided by this
1081+32 section if:
1082+33 (1) the surviving spouse is at least sixty (60) years of age on or
1083+34 before December 31 of the calendar year preceding the year in
1084+35 which the deduction is claimed;
1085+36 (2) the surviving spouse's deceased husband or wife was at least
1086+37 sixty-five (65) years of age at the time of a death;
1087+38 (3) the surviving spouse has not remarried; and
1088+39 (4) the surviving spouse satisfies the requirements prescribed in
1089+40 subsection (a)(2) through (a)(8).
1090+41 (g) An individual who has sold real property to another person
1091+42 under a contract that provides that the contract buyer is to pay the
1092+ES 1—LS 7244/DI 120 23
1093+1 property taxes on the real property may not claim the deduction
1094+2 provided under this section against that real property.
1095+3 (h) In the case of tenants covered by subsection (a)(2)(B) or
1096+4 (a)(3)(C), if all of the tenants are not at least sixty-five (65) years of
1097+5 age, the deduction allowed under this section shall be reduced by an
1098+6 amount equal to the deduction multiplied by a fraction. The numerator
1099+7 of the fraction is the number of tenants who are not at least sixty-five
1100+8 (65) years of age, and the denominator is the total number of tenants.
1101+9 (i) For purposes of determining the assessed value of the real
1102+10 property, mobile home, or manufactured home under subsection (a)(6)
1103+11 for an individual who has received a deduction under this section in a
1104+12 previous year, increases in assessed value that occur after the later of:
1105+13 (1) December 31, 2019; or
1106+14 (2) the first year that the individual has received the deduction;
1107+15 are not considered unless the increase in assessed value is attributable
1108+16 to substantial renovation or new improvements. Where there is an
1109+17 increase in assessed value for purposes of the deduction under this
1110+18 section, the assessor shall provide a report to the county auditor
1111+19 describing the substantial renovation or new improvements, if any, that
1112+20 were made to the property prior to the increase in assessed value.
1113+21 (j) This section applies only to property taxes imposed for an
1114+22 assessment date before January 1, 2025.
1115+23 (k) This section expires January 1, 2027.
1116+24 SECTION 21. IC 6-1.1-12-10.1, AS AMENDED BY P.L.136-2024,
1117+25 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1118+26 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 10.1. (a) Except as
1119+27 provided in section 17.8 of this chapter and subject to section 45 of this
1120+28 chapter, an individual who desires to claim the deduction provided by
1121+29 section 9 of this chapter must file a sworn statement, on forms
1122+30 prescribed by the department of local government finance, with the
1123+31 auditor of the county in which the real property, mobile home, or
1124+32 manufactured home is located. To obtain the deduction for a desired
1125+33 calendar year in which property taxes are first due and payable, the
1126+34 statement must be completed, dated, and filed with the county auditor
1127+35 on or before January 15 of the calendar year in which the property taxes
1128+36 are first due and payable. The statement may be filed in person or by
1129+37 mail. If mailed, the mailing must be postmarked on or before the last
1130+38 day for filing.
1131+39 (b) The statement referred to in subsection (a) shall be in affidavit
1132+40 form or require verification under penalties of perjury. The statement
1133+41 must be filed in duplicate if the applicant owns, or is buying under a
1134+42 contract, real property, a mobile home, or a manufactured home subject
1135+ES 1—LS 7244/DI 120 24
1136+1 to assessment in more than one (1) county or in more than one (1)
1137+2 taxing district in the same county. The statement shall contain:
1138+3 (1) the source and exact amount of gross income received by the
1139+4 individual and the individual's spouse during the preceding
1140+5 calendar year;
1141+6 (2) the description and assessed value of the real property, mobile
1142+7 home, or manufactured home;
1143+8 (3) the individual's full name and complete residence address;
1144+9 (4) the record number and page where the contract or
1145+10 memorandum of the contract is recorded if the individual is
1146+11 buying the real property, mobile home, or manufactured home on
1147+12 contract; and
1148+13 (5) any additional information which the department of local
1149+14 government finance may require.
1150+15 (c) In order to substantiate the deduction statement, the applicant
1151+16 shall submit for inspection by the county auditor a copy of the
1152+17 applicant's and a copy of the applicant's spouse's income tax returns
1153+18 that were originally due in the calendar year immediately preceding the
1154+19 desired calendar year in which the property taxes are first due and
1155+20 payable and for which the applicant and the applicant's spouse desire
1156+21 to claim the deduction. If either was not required to file an income tax
1157+22 return, the applicant shall subscribe to that fact in the deduction
1158+23 statement.
1159+24 (d) This section applies only to property taxes imposed for an
1160+25 assessment date before January 1, 2025.
1161+26 (e) This section expires January 1, 2027.
1162+27 SECTION 22. IC 6-1.1-12-11, AS AMENDED BY P.L.148-2015,
1163+28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1164+29 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 11. (a) Except as
1165+30 provided in section 40.5 of this chapter, an individual may have the
1166+31 sum of twelve thousand four hundred eighty dollars ($12,480) deducted
1167+32 from the assessed value of real property, mobile home not assessed as
1168+33 real property, or manufactured home not assessed as real property that
1169+34 the individual owns, or that the individual is buying under a contract
1170+35 that provides that the individual is to pay property taxes on the real
1171+36 property, mobile home, or manufactured home, if the contract or a
1172+37 memorandum of the contract is recorded in the county recorder's office,
1173+38 and if:
1174+39 (1) the individual is blind or the individual has a disability;
1175+40 (2) the real property, mobile home, or manufactured home is
1176+41 principally used and occupied by the individual as the individual's
1177+42 residence;
1178+ES 1—LS 7244/DI 120 25
1179+1 (3) the individual's taxable gross income for the calendar year
1180+2 preceding the year in which the deduction is claimed did not
1181+3 exceed seventeen thousand dollars ($17,000); and
1182+4 (4) the individual:
1183+5 (A) owns the real property, mobile home, or manufactured
1184+6 home; or
1185+7 (B) is buying the real property, mobile home, or manufactured
1186+8 home under contract;
1187+9 on the date the statement required by section 12 of this chapter is
1188+10 filed.
1189+11 (b) For purposes of this section, taxable gross income does not
1190+12 include income which is not taxed under the federal income tax laws.
1191+13 (c) For purposes of this section, "blind" has the same meaning as the
1192+14 definition contained in IC 12-7-2-21(1).
1193+15 (d) For purposes of this section, "individual with a disability" means
1194+16 a person unable to engage in any substantial gainful activity by reason
1195+17 of a medically determinable physical or mental impairment which:
1196+18 (1) can be expected to result in death; or
1197+19 (2) has lasted or can be expected to last for a continuous period of
1198+20 not less than twelve (12) months.
1199+21 (e) An individual with a disability filing a claim under this section
1200+22 shall submit proof of the disability. Proof that a claimant is eligible to
1201+23 receive disability benefits under the federal Social Security Act (42
1202+24 U.S.C. 301 et seq.) shall constitute proof of disability for purposes of
1203+25 this section.
1204+26 (f) An individual with a disability not covered under the federal
1205+27 Social Security Act shall be examined by a physician and the
1206+28 individual's status as an individual with a disability determined by
1207+29 using the same standards as used by the Social Security Administration.
1208+30 The costs of this examination shall be borne by the claimant.
1209+31 (g) An individual who has sold real property, a mobile home not
1210+32 assessed as real property, or a manufactured home not assessed as real
1211+33 property to another person under a contract that provides that the
1212+34 contract buyer is to pay the property taxes on the real property, mobile
1213+35 home, or manufactured home may not claim the deduction provided
1214+36 under this section against that real property, mobile home, or
1215+37 manufactured home.
1216+38 (h) This section applies only to property taxes imposed for an
1217+39 assessment date before January 1, 2025.
1218+40 (i) This section expires January 1, 2027.
1219+41 SECTION 23. IC 6-1.1-12-12, AS AMENDED BY P.L.136-2024,
1220+42 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1221+ES 1—LS 7244/DI 120 26
1222+1 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 12. (a) Except as
1223+2 provided in section 17.8 of this chapter and subject to section 45 of this
1224+3 chapter, a person who desires to claim the deduction provided in
1225+4 section 11 of this chapter must file an application, on forms prescribed
1226+5 by the department of local government finance, with the auditor of the
1227+6 county in which the real property, mobile home not assessed as real
1228+7 property, or manufactured home not assessed as real property is
1229+8 located. To obtain the deduction for a desired calendar year in which
1230+9 property taxes are first due and payable, the application must be
1231+10 completed, dated, and filed with the county auditor on or before
1232+11 January 15 of the calendar year in which the property taxes are first due
1233+12 and payable. The application may be filed in person or by mail. If
1234+13 mailed, the mailing must be postmarked on or before the last day for
1235+14 filing.
1236+15 (b) Proof of blindness may be supported by:
1237+16 (1) the records of the division of family resources or the division
1238+17 of disability and rehabilitative services; or
1239+18 (2) the written statement of a physician who is licensed by this
1240+19 state and skilled in the diseases of the eye or of a licensed
1241+20 optometrist.
1242+21 (c) The application required by this section must contain the record
1243+22 number and page where the contract or memorandum of the contract
1244+23 is recorded if the individual is buying the real property, mobile home,
1245+24 or manufactured home on a contract that provides that the individual
1246+25 is to pay property taxes on the real property, mobile home, or
1247+26 manufactured home.
1248+27 (d) This section applies only to property taxes imposed for an
1249+28 assessment date before January 1, 2025.
1250+29 (e) This section expires January 1, 2027.
1251+30 SECTION 24. IC 6-1.1-12-13, AS AMENDED BY
1252+31 P.L.293-2013(ts), SECTION 1, IS AMENDED TO READ AS
1253+32 FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
1254+33 Sec. 13. (a) Except as provided in section 40.5 of this chapter, an
1255+34 individual may have twenty-four thousand nine hundred sixty dollars
1256+35 ($24,960) deducted from the assessed value of the taxable tangible
1257+36 property that the individual owns, or real property, a mobile home not
1258+37 assessed as real property, or a manufactured home not assessed as real
1259+38 property that the individual is buying under a contract that provides
1260+39 that the individual is to pay property taxes on the real property, mobile
1261+40 home, or manufactured home, if the contract or a memorandum of the
1262+41 contract is recorded in the county recorder's office and if:
1263+42 (1) the individual served in the military or naval forces of the
1264+ES 1—LS 7244/DI 120 27
1265+1 United States during any of its wars;
1266+2 (2) the individual received an honorable discharge;
1267+3 (3) the individual has a disability with a service connected
1268+4 disability of ten percent (10%) or more;
1269+5 (4) the individual's disability is evidenced by:
1270+6 (A) a pension certificate, an award of compensation, or a
1271+7 disability compensation check issued by the United States
1272+8 Department of Veterans Affairs; or
1273+9 (B) a certificate of eligibility issued to the individual by the
1274+10 Indiana department of veterans' affairs after the Indiana
1275+11 department of veterans' affairs has determined that the
1276+12 individual's disability qualifies the individual to receive a
1277+13 deduction under this section; and
1278+14 (5) the individual:
1279+15 (A) owns the real property, mobile home, or manufactured
1280+16 home; or
1281+17 (B) is buying the real property, mobile home, or manufactured
1282+18 home under contract;
1283+19 on the date the statement required by section 15 of this chapter is
1284+20 filed.
1285+21 (b) The surviving spouse of an individual may receive the deduction
1286+22 provided by this section if the individual satisfied the requirements of
1287+23 subsection (a)(1) through (a)(4) at the time of death and the surviving
1288+24 spouse satisfies the requirement of subsection (a)(5) at the time the
1289+25 deduction statement is filed. The surviving spouse is entitled to the
1290+26 deduction regardless of whether the property for which the deduction
1291+27 is claimed was owned by the deceased veteran or the surviving spouse
1292+28 before the deceased veteran's death.
1293+29 (c) One who receives the deduction provided by this section may not
1294+30 receive the deduction provided by section 16 of this chapter. However,
1295+31 the individual may receive any other property tax deduction which the
1296+32 individual is entitled to by law.
1297+33 (d) An individual who has sold real property, a mobile home not
1298+34 assessed as real property, or a manufactured home not assessed as real
1299+35 property to another person under a contract that provides that the
1300+36 contract buyer is to pay the property taxes on the real property, mobile
1301+37 home, or manufactured home may not claim the deduction provided
1302+38 under this section against that real property, mobile home, or
1303+39 manufactured home.
1304+40 (e) This section applies only to property taxes imposed for an
1305+41 assessment date before January 1, 2025.
1306+42 (f) This section expires January 1, 2027.
1307+ES 1—LS 7244/DI 120 28
1308+1 SECTION 25. IC 6-1.1-12-14, AS AMENDED BY P.L.136-2024,
1309+2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1310+3 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14. (a) Except as
1311+4 provided in subsection (c) and except as provided in section 40.5 of
1312+5 this chapter, an individual may have the sum of fourteen thousand
1313+6 dollars ($14,000) deducted from the assessed value of the real property,
1314+7 mobile home not assessed as real property, or manufactured home not
1315+8 assessed as real property that the individual owns (or the real property,
1316+9 mobile home not assessed as real property, or manufactured home not
1317+10 assessed as real property that the individual is buying under a contract
1318+11 that provides that the individual is to pay property taxes on the real
1319+12 property, mobile home, or manufactured home if the contract or a
1320+13 memorandum of the contract is recorded in the county recorder's office)
1321+14 if:
1322+15 (1) the individual served in the military or naval forces of the
1323+16 United States for at least ninety (90) days;
1324+17 (2) the individual received an honorable discharge;
1325+18 (3) the individual either:
1326+19 (A) has a total disability; or
1327+20 (B) is at least sixty-two (62) years old and has a disability of at
1328+21 least ten percent (10%);
1329+22 (4) the individual's disability is evidenced by:
1330+23 (A) a pension certificate or an award of compensation issued
1331+24 by the United States Department of Veterans Affairs; or
1332+25 (B) a certificate of eligibility issued to the individual by the
1333+26 Indiana department of veterans' affairs after the Indiana
1334+27 department of veterans' affairs has determined that the
1335+28 individual's disability qualifies the individual to receive a
1336+29 deduction under this section; and
1337+30 (5) the individual:
1338+31 (A) owns the real property, mobile home, or manufactured
1339+32 home; or
1340+33 (B) is buying the real property, mobile home, or manufactured
1341+34 home under contract;
1342+35 on the date the statement required by section 15 of this chapter is
1343+36 filed.
1344+37 (b) Except as provided in subsections (c) and (d), the surviving
1345+38 spouse of an individual may receive the deduction provided by this
1346+39 section if:
1347+40 (1) the individual satisfied the requirements of subsection (a)(1)
1348+41 through (a)(4) at the time of death; or
1349+42 (2) the individual:
1350+ES 1—LS 7244/DI 120 29
1351+1 (A) was killed in action;
1352+2 (B) died while serving on active duty in the military or naval
1353+3 forces of the United States; or
1354+4 (C) died while performing inactive duty training in the military
1355+5 or naval forces of the United States; and
1356+6 the surviving spouse satisfies the requirement of subsection (a)(5) at
1357+7 the time the deduction statement is filed. The surviving spouse is
1358+8 entitled to the deduction regardless of whether the property for which
1359+9 the deduction is claimed was owned by the deceased veteran or the
1360+10 surviving spouse before the deceased veteran's death.
1361+11 (c) Except as provided in subsection (f), no one is entitled to the
1362+12 deduction provided by this section if the assessed value of the
1363+13 individual's Indiana real property, Indiana mobile home not assessed as
1364+14 real property, and Indiana manufactured home not assessed as real
1365+15 property, as shown by the tax duplicate, exceeds the assessed value
1366+16 limit specified in subsection (d).
1367+17 (d) Except as provided in subsection (f), for the:
1368+18 (1) January 1, 2017, January 1, 2018, and January 1, 2019,
1369+19 assessment dates, the assessed value limit for purposes of
1370+20 subsection (c) is one hundred seventy-five thousand dollars
1371+21 ($175,000);
1372+22 (2) January 1, 2020, January 1, 2021, January 1, 2022, and
1373+23 January 1, 2023, assessment dates, the assessed value limit for
1374+24 purposes of subsection (c) is two hundred thousand dollars
1375+25 ($200,000); and
1376+26 (3) January 1, 2024, assessment date and for each assessment date
1377+27 thereafter, the assessed value limit for purposes of subsection (c)
1378+28 is two hundred forty thousand dollars ($240,000).
1379+29 (e) An individual who has sold real property, a mobile home not
1380+30 assessed as real property, or a manufactured home not assessed as real
1381+31 property to another person under a contract that provides that the
1382+32 contract buyer is to pay the property taxes on the real property, mobile
1383+33 home, or manufactured home may not claim the deduction provided
1384+34 under this section against that real property, mobile home, or
1385+35 manufactured home.
1386+36 (f) For purposes of determining the assessed value of the real
1387+37 property, mobile home, or manufactured home under subsection (d) for
1388+38 an individual who has received a deduction under this section in a
1389+39 previous year, increases in assessed value that occur after the later of:
1390+40 (1) December 31, 2019; or
1391+41 (2) the first year that the individual has received the deduction;
1392+42 are not considered unless the increase in assessed value is attributable
1393+ES 1—LS 7244/DI 120 30
1394+1 to substantial renovation or new improvements. Where there is an
1395+2 increase in assessed value for purposes of the deduction under this
1396+3 section, the assessor shall provide a report to the county auditor
1397+4 describing the substantial renovation or new improvements, if any, that
1398+5 were made to the property prior to the increase in assessed value.
1399+6 (g) This section applies only to property taxes imposed for an
1400+7 assessment date before January 1, 2025.
1401+8 (h) This section expires January 1, 2027.
1402+9 SECTION 26. IC 6-1.1-12-14.5, AS ADDED BY P.L.100-2016,
1403+10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1404+11 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14.5. (a) As used in this
1405+12 section, "homestead" has the meaning set forth in IC 6-1.1-12-37.
1406+13 section 37 of this chapter.
1407+14 (b) An individual may claim a deduction from the assessed value of
1408+15 the individual's homestead if:
1409+16 (1) the individual served in the military or naval forces of the
1410+17 United States for at least ninety (90) days;
1411+18 (2) the individual received an honorable discharge;
1412+19 (3) the individual has a disability of at least fifty percent (50%);
1413+20 (4) the individual's disability is evidenced by:
1414+21 (A) a pension certificate or an award of compensation issued
1415+22 by the United States Department of Veterans Affairs; or
1416+23 (B) a certificate of eligibility issued to the individual by the
1417+24 Indiana department of veterans' affairs after the Indiana
1418+25 department of veterans' affairs has determined that the
1419+26 individual's disability qualifies the individual to receive a
1420+27 deduction under this section; and
1421+28 (5) the homestead was conveyed without charge to the individual
1422+29 who is the owner of the homestead by an organization that is
1423+30 exempt from income taxation under the federal Internal Revenue
1424+31 Code.
1425+32 (c) If an individual is entitled to a deduction from assessed value
1426+33 under subsection (b) for the individual's homestead, the amount of the
1427+34 deduction is determined as follows:
1428+35 (1) If the individual is totally disabled, the deduction is equal to
1429+36 one hundred percent (100%) of the assessed value of the
1430+37 homestead.
1431+38 (2) If the individual has a disability of at least ninety percent
1432+39 (90%) but the individual is not totally disabled, the deduction is
1433+40 equal to ninety percent (90%) of the assessed value of the
1434+41 homestead.
1435+42 (3) If the individual has a disability of at least eighty percent
1436+ES 1—LS 7244/DI 120 31
1437+1 (80%) but less than ninety percent (90%), the deduction is equal
1438+2 to eighty percent (80%) of the assessed value of the homestead.
1439+3 (4) If the individual has a disability of at least seventy percent
1440+4 (70%) but less than eighty percent (80%), the deduction is equal
1441+5 to seventy percent (70%) of the assessed value of the homestead.
1442+6 (5) If the individual has a disability of at least sixty percent (60%)
1443+7 but less than seventy percent (70%), the deduction is equal to
1444+8 sixty percent (60%) of the assessed value of the homestead.
1445+9 (6) If the individual has a disability of at least fifty percent (50%)
1446+10 but less than sixty percent (60%), the deduction is equal to fifty
1447+11 percent (50%) of the assessed value of the homestead.
1448+12 (d) An individual who claims a deduction under this section for an
1449+13 assessment date may not also claim a deduction under section 13 or 14
1450+14 of this chapter (before their expiration) for that same assessment date.
1451+15 (e) An individual who desires to claim the deduction under this
1452+16 section must claim the deduction in the manner specified by the
1453+17 department of local government finance.
1454+18 SECTION 27. IC 6-1.1-12-15, AS AMENDED BY P.L.136-2024,
1455+19 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1456+20 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 15. (a) Except as
1457+21 provided in section 17.8 of this chapter and subject to section 45 of this
1458+22 chapter, an individual who desires to claim the deduction provided by
1459+23 section 13 or 14 of this chapter must file a statement with the auditor
1460+24 of the county in which the individual resides. To obtain the deduction
1461+25 for a desired calendar year in which property taxes are first due and
1462+26 payable, the statement must be completed, dated, and filed with the
1463+27 county auditor on or before January 15 of the calendar year in which
1464+28 the property taxes are first due and payable. The statement may be filed
1465+29 in person or by mail. If mailed, the mailing must be postmarked on or
1466+30 before the last day for filing. The statement shall contain a sworn
1467+31 declaration that the individual is entitled to the deduction.
1468+32 (b) In addition to the statement, the individual shall submit to the
1469+33 county auditor for the auditor's inspection:
1470+34 (1) a pension certificate, an award of compensation, or a disability
1471+35 compensation check issued by the United States Department of
1472+36 Veterans Affairs if the individual claims the deduction provided
1473+37 by section 13 of this chapter;
1474+38 (2) a pension certificate or an award of compensation issued by
1475+39 the United States Department of Veterans Affairs if the individual
1476+40 claims the deduction provided by section 14 of this chapter; or
1477+41 (3) the appropriate certificate of eligibility issued to the individual
1478+42 by the Indiana department of veterans' affairs if the individual
1479+ES 1—LS 7244/DI 120 32
1480+1 claims the deduction provided by section 13 or 14 of this chapter.
1481+2 (c) If the individual claiming the deduction is under guardianship,
1482+3 the guardian shall file the statement required by this section. If a
1483+4 deceased veteran's surviving spouse is claiming the deduction, the
1484+5 surviving spouse shall provide the documentation necessary to
1485+6 establish that at the time of death the deceased veteran satisfied the
1486+7 requirements of section 13(a)(1) through 13(a)(4) of this chapter,
1487+8 section 14(a)(1) through 14(a)(4) of this chapter, or section 14(b)(2) of
1488+9 this chapter, whichever applies.
1489+10 (d) If the individual claiming a deduction under section 13 or 14 of
1490+11 this chapter is buying real property, a mobile home not assessed as real
1491+12 property, or a manufactured home not assessed as real property under
1492+13 a contract that provides that the individual is to pay property taxes for
1493+14 the real estate, mobile home, or manufactured home, the statement
1494+15 required by this section must contain the record number and page
1495+16 where the contract or memorandum of the contract is recorded.
1496+17 (e) This section applies only to property taxes imposed for an
1497+18 assessment date before January 1, 2025.
1498+19 (f) This section expires January 1, 2027.
1499+20 SECTION 28. IC 6-1.1-12-16, AS AMENDED BY P.L.1-2009,
1500+21 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1501+22 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 16. (a) Except as
1502+23 provided in section 40.5 of this chapter, a surviving spouse may have
1503+24 the sum of eighteen thousand seven hundred twenty dollars ($18,720)
1504+25 deducted from the assessed value of his or her the surviving spouse's
1505+26 tangible property, or real property, mobile home not assessed as real
1506+27 property, or manufactured home not assessed as real property that the
1507+28 surviving spouse is buying under a contract that provides that the
1508+29 surviving spouse is to pay property taxes on the real property, mobile
1509+30 home, or manufactured home, if the contract or a memorandum of the
1510+31 contract is recorded in the county recorder's office, and if:
1511+32 (1) the deceased spouse served in the military or naval forces of
1512+33 the United States before November 12, 1918;
1513+34 (2) the deceased spouse received an honorable discharge; and
1514+35 (3) the surviving spouse:
1515+36 (A) owns the real property, mobile home, or manufactured
1516+37 home; or
1517+38 (B) is buying the real property, mobile home, or manufactured
1518+39 home under contract;
1519+40 on the date the statement required by section 17 of this chapter is
1520+41 filed.
1521+42 (b) A surviving spouse who receives the deduction provided by this
1522+ES 1—LS 7244/DI 120 33
1523+1 section may not receive the deduction provided by section 13 of this
1524+2 chapter. However, he or she the surviving spouse may receive any
1525+3 other deduction which he or she the surviving spouse is entitled to by
1526+4 law.
1527+5 (c) An individual who has sold real property, a mobile home not
1528+6 assessed as real property, or a manufactured home not assessed as real
1529+7 property to another person under a contract that provides that the
1530+8 contract buyer is to pay the property taxes on the real property, mobile
1531+9 home, or manufactured home may not claim the deduction provided
1532+10 under this section against that real property, mobile home, or
1533+11 manufactured home.
1534+12 (d) This section applies only to property taxes imposed for an
1535+13 assessment date before January 1, 2025.
1536+14 (e) This section expires January 1, 2027.
1537+15 SECTION 29. IC 6-1.1-12-17, AS AMENDED BY P.L.136-2024,
1538+16 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1539+17 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 17. (a) Except as
1540+18 provided in section 17.8 of this chapter and subject to section 45 of this
1541+19 chapter, a surviving spouse who desires to claim the deduction
1542+20 provided by section 16 of this chapter must file a statement with the
1543+21 auditor of the county in which the surviving spouse resides. To obtain
1544+22 the deduction for a desired calendar year in which property taxes are
1545+23 first due and payable, the statement must be completed, dated, and filed
1546+24 with the county auditor on or before January 15 of the calendar year in
1547+25 which the property taxes are first due and payable. The statement may
1548+26 be filed in person or by mail. If mailed, the mailing must be postmarked
1549+27 on or before the last day for filing. The statement shall contain:
1550+28 (1) a sworn statement that the surviving spouse is entitled to the
1551+29 deduction; and
1552+30 (2) the record number and page where the contract or
1553+31 memorandum of the contract is recorded, if the individual is
1554+32 buying the real property on a contract that provides that the
1555+33 individual is to pay property taxes on the real property.
1556+34 In addition to the statement, the surviving spouse shall submit to the
1557+35 county auditor for the auditor's inspection a letter or certificate from the
1558+36 United States Department of Veterans Affairs establishing the service
1559+37 of the deceased spouse in the military or naval forces of the United
1560+38 States before November 12, 1918.
1561+39 (b) This section applies only to property taxes imposed for an
1562+40 assessment date before January 1, 2025.
1563+41 (c) This section expires January 1, 2027.
1564+42 SECTION 30. IC 6-1.1-12-17.8, AS AMENDED BY THE
1565+ES 1—LS 7244/DI 120 34
1566+1 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
1567+2 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1568+3 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 17.8. (a) An individual
1569+4 who receives a deduction provided under section 9 (before its
1570+5 expiration), 11 (before its expiration), 13 (before its expiration), 14
1571+6 (before its expiration), 16 (before its expiration), 17.4 (before its
1572+7 expiration), or 37 of this chapter in a particular year and who remains
1573+8 eligible for the deduction in the following year is not required to file a
1574+9 statement to apply for the deduction in the following year. However, for
1575+10 purposes of a deduction under section 37 of this chapter, the county
1576+11 auditor may, in the county auditor's discretion, terminate the deduction
1577+12 for assessment dates after January 15, 2012, if the individual does not
1578+13 comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
1579+14 1, 2015), as determined by the county auditor, before January 1, 2013.
1580+15 Before the county auditor terminates the deduction because the
1581+16 taxpayer claiming the deduction did not comply with the requirement
1582+17 in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
1583+18 2013, the county auditor shall mail notice of the proposed termination
1584+19 of the deduction to:
1585+20 (1) the last known address of each person liable for any property
1586+21 taxes or special assessment, as shown on the tax duplicate or
1587+22 special assessment records; or
1588+23 (2) the last known address of the most recent owner shown in the
1589+24 transfer book.
1590+25 (b) An individual who receives a deduction provided under section
1591+26 9 (before its expiration), 11 (before its expiration), 13 (before its
1592+27 expiration), 14 (before its expiration), 16 (before its expiration), or
1593+28 17.4 (before its expiration) of this chapter in a particular year and who
1594+29 becomes ineligible for the deduction in the following year shall notify
1595+30 the auditor of the county in which the real property, mobile home, or
1596+31 manufactured home for which the individual claims the deduction is
1597+32 located of the individual's ineligibility in the year in which the
1598+33 individual becomes ineligible. An individual who becomes ineligible
1599+34 for a deduction under section 37 of this chapter shall notify the county
1600+35 auditor of the county in which the property is located in conformity
1601+36 with section 37 of this chapter.
1602+37 (c) The auditor of each county shall, in a particular year, apply a
1603+38 deduction provided under section 9 (before its expiration), 11 (before
1604+39 its expiration), 13 (before its expiration), 14 (before its expiration),
1605+40 16 (before its expiration), 17.4 (before its expiration), or 37 of this
1606+41 chapter to each individual who received the deduction in the preceding
1607+42 year unless the auditor determines that the individual is no longer
1608+ES 1—LS 7244/DI 120 35
1609+1 eligible for the deduction.
1610+2 (d) An individual who receives a deduction provided under section
1611+3 9 (before its expiration), 11 (before its expiration), 13 (before its
1612+4 expiration), 14 (before its expiration), 16 (before its expiration),
1613+5 17.4 (before its expiration), or 37 of this chapter for property that is
1614+6 jointly held with another owner in a particular year and remains eligible
1615+7 for the deduction in the following year is not required to file a
1616+8 statement to reapply for the deduction following the removal of the
1617+9 joint owner if:
1618+10 (1) the individual is the sole owner of the property following the
1619+11 death of the individual's spouse; or
1620+12 (2) the individual is the sole owner of the property following the
1621+13 death of a joint owner who was not the individual's spouse.
1622+14 If a county auditor terminates a deduction under section 9 of this
1623+15 chapter (before its expiration), a deduction under section 37 of this
1624+16 chapter, or a credit under IC 6-1.1-20.6-8.5 after June 30, 2017, and
1625+17 before May 1, 2019, because the taxpayer claiming the deduction or
1626+18 credit did not comply with a requirement added to this subsection by
1627+19 P.L.255-2017 to reapply for the deduction or credit, the county auditor
1628+20 shall reinstate the deduction or credit if the taxpayer provides proof that
1629+21 the taxpayer is eligible for the deduction or credit and is not claiming
1630+22 the deduction or credit for any other property.
1631+23 (e) A trust entitled to a deduction under section 9 (before its
1632+24 expiration), 11 (before its expiration), 13 (before its expiration), 14
1633+25 (before its expiration), 16 (before its expiration), 17.4 (before its
1634+26 expiration), or 37 of this chapter for real property owned by the trust
1635+27 and occupied by an individual in accordance with section 17.9 of this
1636+28 chapter (before its expiration) is not required to file a statement to
1637+29 apply for the deduction, if:
1638+30 (1) the individual who occupies the real property receives a
1639+31 deduction provided under section 9 (before its expiration), 11
1640+32 (before its expiration), 13 (before its expiration), 14 (before its
1641+33 expiration), 16 (before its expiration), 17.4 (before its
1642+34 expiration), or 37 of this chapter in a particular year; and
1643+35 (2) the trust remains eligible for the deduction in the following
1644+36 year.
1645+37 However, for purposes of a deduction under section 37 of this chapter,
1646+38 the individuals that qualify the trust for a deduction must comply with
1647+39 the requirement in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015)
1648+40 before January 1, 2013.
1649+41 (f) A cooperative housing corporation (as defined in 26 U.S.C. 216)
1650+42 that is entitled to a deduction under section 37 of this chapter in the
1651+ES 1—LS 7244/DI 120 36
1652+1 immediately preceding calendar year for a homestead (as defined in
1653+2 section 37 of this chapter) is not required to file a statement to apply for
1654+3 the deduction for the current calendar year if the cooperative housing
1655+4 corporation remains eligible for the deduction for the current calendar
1656+5 year. However, the county auditor may, in the county auditor's
1657+6 discretion, terminate the deduction for assessment dates after January
1658+7 15, 2012, if the individual does not comply with the requirement in
1659+8 IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015), as determined by the
1660+9 county auditor, before January 1, 2013. Before the county auditor
1661+10 terminates a deduction because the taxpayer claiming the deduction did
1662+11 not comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired
1663+12 January 1, 2015) before January 1, 2013, the county auditor shall mail
1664+13 notice of the proposed termination of the deduction to:
1665+14 (1) the last known address of each person liable for any property
1666+15 taxes or special assessment, as shown on the tax duplicate or
1667+16 special assessment records; or
1668+17 (2) the last known address of the most recent owner shown in the
1669+18 transfer book.
1670+19 (g) An individual who:
1671+20 (1) was eligible for a homestead credit under IC 6-1.1-20.9
1672+21 (repealed) for property taxes imposed for the March 1, 2007, or
1673+22 January 15, 2008, assessment date; or
1674+23 (2) would have been eligible for a homestead credit under
1675+24 IC 6-1.1-20.9 (repealed) for property taxes imposed for the March
1676+25 1, 2008, or January 15, 2009, assessment date if IC 6-1.1-20.9 had
1677+26 not been repealed;
1678+27 is not required to file a statement to apply for a deduction under section
1679+28 37 of this chapter if the individual remains eligible for the deduction in
1680+29 the current year. An individual who filed for a homestead credit under
1681+30 IC 6-1.1-20.9 (repealed) for an assessment date after March 1, 2007 (if
1682+31 the property is real property), or after January 1, 2008 (if the property
1683+32 is personal property), shall be treated as an individual who has filed for
1684+33 a deduction under section 37 of this chapter. However, the county
1685+34 auditor may, in the county auditor's discretion, terminate the deduction
1686+35 for assessment dates after January 15, 2012, if the individual does not
1687+36 comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
1688+37 1, 2015), as determined by the county auditor, before January 1, 2013.
1689+38 Before the county auditor terminates the deduction because the
1690+39 taxpayer claiming the deduction did not comply with the requirement
1691+40 in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
1692+41 2013, the county auditor shall mail notice of the proposed termination
1693+42 of the deduction to the last known address of each person liable for any
1694+ES 1—LS 7244/DI 120 37
1695+1 property taxes or special assessment, as shown on the tax duplicate or
1696+2 special assessment records, or to the last known address of the most
1697+3 recent owner shown in the transfer book.
1698+4 (h) If a county auditor terminates a deduction because the taxpayer
1699+5 claiming the deduction did not comply with the requirement in
1700+6 IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1, 2013,
1701+7 the county auditor shall reinstate the deduction if the taxpayer provides
1702+8 proof that the taxpayer is eligible for the deduction and is not claiming
1703+9 the deduction for any other property.
1704+10 (i) A taxpayer described in section 37(q) 37(r) of this chapter is not
1705+11 required to file a statement to apply for the deduction provided by
1706+12 section 37 of this chapter if the property owned by the taxpayer remains
1707+13 eligible for the deduction for that calendar year.
1708+14 SECTION 31. IC 6-1.1-12-17.9, AS AMENDED BY P.L.190-2016,
1709+15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1710+16 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 17.9. (a) A trust is
1711+17 entitled to a deduction under section 9 (before its expiration), 11
1712+18 (before its expiration), 13 (before its expiration), 14 (before its
1713+19 expiration), 16 (before its expiration), or 17.4 (before its expiration)
1714+20 of this chapter for real property owned by the trust and occupied by an
1715+21 individual if the county auditor determines that the individual:
1716+22 (1) upon verification in the body of the deed or otherwise, has
1717+23 either:
1718+24 (A) a beneficial interest in the trust; or
1719+25 (B) the right to occupy the real property rent free under the
1720+26 terms of a qualified personal residence trust created by the
1721+27 individual under United States Treasury Regulation
1722+28 25.2702-5(c)(2); and
1723+29 (2) otherwise qualifies for the deduction.
1724+30 (b) This section applies only to property taxes imposed for an
1725+31 assessment date before January 1, 2025.
1726+32 (c) This section expires January 1, 2027.
1727+33 SECTION 32. IC 6-1.1-12-18, AS AMENDED BY P.L.181-2016,
1728+34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1729+35 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 18. (a) This section
1730+36 applies only to:
1731+37 (1) rehabilitation of residential real property that occurs before
1732+38 January 2, 2017; and
1733+39 (2) property taxes imposed for an assessment date before
1734+40 January 1, 2025.
1735+41 (b) If the assessed value of residential real property described in
1736+42 subsection (e) is increased because it has been rehabilitated, the owner
1737+ES 1—LS 7244/DI 120 38
1738+1 may have deducted from the assessed value of the property an amount
1739+2 not to exceed the lesser of:
1740+3 (1) the total increase in assessed value resulting from the
1741+4 rehabilitation (excluding an increase in assessed value that occurs
1742+5 after January 1, 2017); or
1743+6 (2) eighteen thousand seven hundred twenty dollars ($18,720) per
1744+7 rehabilitated dwelling unit.
1745+8 The owner is entitled to this deduction annually for a five (5) year
1746+9 period, or if subsection (f) applies, the period established under
1747+10 subsection (f).
1748+11 (c) For purposes of this section, the term "rehabilitation" means
1749+12 significant repairs, replacements, or improvements to an existing
1750+13 structure which are intended to increase the livability, utility, safety, or
1751+14 value of the property under rules adopted by the department of local
1752+15 government finance.
1753+16 (d) For the purposes of this section, the term "owner" or "property
1754+17 owner" includes any person who has the legal obligation, or has
1755+18 otherwise assumed the obligation, to pay the real property taxes on the
1756+19 rehabilitated property.
1757+20 (e) The deduction provided by this section applies only:
1758+21 (1) for the rehabilitation of residential real property which is
1759+22 located within this state and which is described in one (1) of the
1760+23 following classifications:
1761+24 (A) A single family dwelling if before rehabilitation the
1762+25 assessed value (excluding any exemptions or deductions) of
1763+26 the improvements does not exceed thirty-seven thousand four
1764+27 hundred forty dollars ($37,440).
1765+28 (B) A two (2) family dwelling if before rehabilitation the
1766+29 assessed value (excluding exemptions or deductions) of the
1767+30 improvements does not exceed forty-nine thousand nine
1768+31 hundred twenty dollars ($49,920).
1769+32 (C) A dwelling with more than two (2) family units if before
1770+33 rehabilitation the assessed value (excluding any exemptions or
1771+34 deductions) of the improvements does not exceed eighteen
1772+35 thousand seven hundred twenty dollars ($18,720) per dwelling
1773+36 unit; and
1774+37 (2) if the property owner:
1775+38 (A) owns the residential real property; or
1776+39 (B) is buying the residential real property under contract;
1777+40 on the assessment date of the year in which an application must
1778+41 be filed under section 20 of this chapter.
1779+42 (f) A county, city, or town fiscal body may adopt an ordinance to
1780+ES 1—LS 7244/DI 120 39
1781+1 establish a deduction period that is longer than five (5) years but not to
1782+2 exceed fifteen (15) years for any rehabilitated property covered by this
1783+3 section that has also been determined to be abandoned or vacant for
1784+4 purposes of IC 6-1.1-24.
1785+5 (g) This section expires January 1, 2033. 2027.
1786+6 SECTION 33. IC 6-1.1-12-21 IS AMENDED TO READ AS
1787+7 FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
1788+8 Sec. 21. When real property is reassessed because it has been
1789+9 rehabilitated, the assessing official who, or the county property tax
1790+10 assessment board of appeals which, makes the reassessment shall give
1791+11 the owner notice of the property tax deductions provided by sections 18
1792+12 and 22 of this chapter (before their expiration). The official or county
1793+13 property tax assessment board of appeals shall attach the notice to the
1794+14 reassessment notice required by IC 6-1.1-4-22.
1795+15 SECTION 34. IC 6-1.1-12-26, AS AMENDED BY P.L.113-2010,
1796+16 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1797+17 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 26. (a) The owner of real
1798+18 property, or a mobile home which is not assessed as real property,
1799+19 which is equipped with a solar energy heating or cooling system may
1800+20 have deducted annually from the assessed value of the real property or
1801+21 mobile home an amount which is equal to the out-of-pocket
1802+22 expenditures by the owner (or a previous owner) of the real property or
1803+23 mobile home for:
1804+24 (1) the components; and
1805+25 (2) the labor involved in installing the components;
1806+26 that are unique to the system and that are needed to collect, store, or
1807+27 distribute solar energy.
1808+28 (b) The tangible property to which subsection (a) applies includes
1809+29 a solar thermal air system and any solar energy heating or cooling
1810+30 system used for:
1811+31 (1) domestic hot water or space heat, or both, including pool
1812+32 heating; or
1813+33 (2) preheating for an industrial process.
1814+34 (c) Subsection (a) does not apply to tangible property that would not
1815+35 be subject to assessment and taxation under this article if this section
1816+36 did not apply.
1817+37 (d) For purposes of subsection (a), proof of out-of-pocket
1818+38 expenditures may be demonstrated by invoices or other evidence of a
1819+39 purchase and installation, as determined under rules or guidelines
1820+40 prescribed by the department of local government finance.
1821+41 (e) This section applies only to property taxes imposed for an
1822+42 assessment date before January 1, 2025.
1823+ES 1—LS 7244/DI 120 40
1824+1 (f) This section expires January 1, 2027.
1825+2 SECTION 35. IC 6-1.1-12-26.1, AS ADDED BY P.L.137-2012,
1826+3 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1827+4 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 26.1. (a) This section
1828+5 applies only to a solar power device that is installed after December 31,
1829+6 2011.
1830+7 (b) This section does not apply to a solar power device that is owned
1831+8 or operated by a person that provides electricity at wholesale or retail
1832+9 for consideration other than a person that:
1833+10 (1) participates in a net metering or feed-in-tariff program offered
1834+11 by an electric utility with respect to the solar power device; or
1835+12 (2) is the owner or host of the solar power device site and a person
1836+13 consumes on the site the equivalent amount of electricity that is
1837+14 generated by the solar power device on an annual basis even if the
1838+15 electricity is sold to a public utility, including a solar power
1839+16 device directly serving a public utility's business operations site.
1840+17 (c) For purposes of this section, "solar power device" means a
1841+18 device, such as a solar thermal, a photovoltaic, or other solar energy
1842+19 system, that is designed to use the radiant light or heat from the sun to
1843+20 produce electricity.
1844+21 (d) The owner of real property equipped with a solar power device
1845+22 that is assessed as a real property improvement may have deducted
1846+23 annually from the assessed value of the real property an amount equal
1847+24 to:
1848+25 (1) the assessed value of the real property with the solar power
1849+26 device included; minus
1850+27 (2) the assessed value of the real property without the solar power
1851+28 device.
1852+29 (e) The owner of a solar power device that is assessed as:
1853+30 (1) distributable property under IC 6-1.1-8; or
1854+31 (2) personal property;
1855+32 may have deducted annually the assessed value of the solar power
1856+33 device.
1857+34 (f) This section applies only to property taxes imposed for an
1858+35 assessment date before January 1, 2025.
1859+36 (g) This section expires January 1, 2027.
1860+37 SECTION 36. IC 6-1.1-12-27.1, AS AMENDED BY P.L.136-2024,
1861+38 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1862+39 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 27.1. (a) Except as
1863+40 provided in sections 36 and 44 of this chapter and subject to section 45
1864+41 of this chapter, a person who desires to claim the deduction provided
1865+42 by section 26 or 26.1 of this chapter must file a certified statement in
1866+ES 1—LS 7244/DI 120 41
1867+1 duplicate, on forms prescribed by the department of local government
1868+2 finance, with the auditor of the county in which the real property,
1869+3 mobile home, manufactured home, or solar power device is subject to
1870+4 assessment. To obtain the deduction for a desired calendar year in
1871+5 which property taxes are first due and payable, the person must
1872+6 complete, date, and file the certified statement with the county auditor
1873+7 on or before January 15 of the calendar year in which the property taxes
1874+8 are first due and payable. The person must:
1875+9 (1) own the real property, mobile home, or manufactured home or
1876+10 own the solar power device;
1877+11 (2) be buying the real property, mobile home, manufactured
1878+12 home, or solar power device under contract; or
1879+13 (3) be leasing the real property from the real property owner and
1880+14 be subject to assessment and property taxation with respect to the
1881+15 solar power device;
1882+16 on the date the statement is filed under this section. The statement may
1883+17 be filed in person or by mail. If mailed, the mailing must be postmarked
1884+18 on or before the last day for filing. On verification of the statement by
1885+19 the assessor of the township in which the real property, mobile home,
1886+20 manufactured home, or solar power device is subject to assessment, or
1887+21 the county assessor if there is no township assessor for the township,
1888+22 the county auditor shall allow the deduction.
1889+23 (b) This section applies only to property taxes imposed for an
1890+24 assessment date before January 1, 2025.
1891+25 (c) This section expires January 1, 2027.
1892+26 SECTION 37. IC 6-1.1-12-28.5, AS AMENDED BY P.L.146-2008,
1893+27 SECTION 112, IS AMENDED TO READ AS FOLLOWS
1894+28 [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 28.5. (a)
1895+29 For purposes of this section:
1896+30 (1) "Hazardous waste" has the meaning set forth in
1897+31 IC 13-11-2-99(a) and includes a waste determined to be a
1898+32 hazardous waste under IC 13-22-2-3(b).
1899+33 (2) "Resource recovery system" means tangible property directly
1900+34 used to dispose of solid waste or hazardous waste by converting
1901+35 it into energy or other useful products.
1902+36 (3) "Solid waste" has the meaning set forth in IC 13-11-2-205(a)
1903+37 but does not include dead animals or any animal solid or
1904+38 semisolid wastes.
1905+39 (b) Except as provided in this section, the owner of a resource
1906+40 recovery system is entitled to an annual deduction in an amount equal
1907+41 to ninety-five percent (95%) of the assessed value of the system if:
1908+42 (1) the system was certified by the department of environmental
1909+ES 1—LS 7244/DI 120 42
1910+1 management for the 1993 assessment year or a prior assessment
1911+2 year; and
1912+3 (2) the owner filed a timely application for the deduction for the
1913+4 1993 assessment year.
1914+5 For purposes of this section, a system includes tangible property that
1915+6 replaced tangible property in the system after the certification by the
1916+7 department of environmental management.
1917+8 (c) The owner of a resource recovery system that is directly used to
1918+9 dispose of hazardous waste is not entitled to the deduction provided by
1919+10 this section for a particular assessment year if during that assessment
1920+11 year the owner:
1921+12 (1) is convicted of any violation under IC 13-7-13-3 (repealed),
1922+13 IC 13-7-13-4 (repealed), or a criminal statute under IC 13; or
1923+14 (2) is subject to an order or a consent decree with respect to
1924+15 property located in Indiana based upon a violation of a federal or
1925+16 state rule, regulation, or statute governing the treatment, storage,
1926+17 or disposal of hazardous wastes that had a major or moderate
1927+18 potential for harm.
1928+19 (d) The certification of a resource recovery system by the
1929+20 department of environmental management for the 1993 assessment
1930+21 year or a prior assessment year is valid through the 1997 assessment
1931+22 year so long as the property is used as a resource recovery system. If
1932+23 the property is no longer used for the purpose for which the property
1933+24 was used when the property was certified, the owner of the property
1934+25 shall notify the county auditor. However, the deduction from the
1935+26 assessed value of the system is:
1936+27 (1) ninety-five percent (95%) for the 1994 assessment year;
1937+28 (2) ninety percent (90%) for the 1995 assessment year;
1938+29 (3) seventy-five percent (75%) for the 1996 assessment year; and
1939+30 (4) sixty percent (60%) for the 1997 assessment year.
1940+31 Notwithstanding this section as it existed before 1995, for the 1994
1941+32 assessment year, the portion of any tangible property comprising a
1942+33 resource recovery system that was assessed and first deducted for the
1943+34 1994 assessment year may not be deducted for property taxes first due
1944+35 and payable in 1995 or later.
1945+36 (e) In order to qualify for a deduction under this section, the person
1946+37 who desires to claim the deduction must file an application with the
1947+38 county auditor after February 28 and before May 16 of the current
1948+39 assessment year. An application must be filed in each year for which
1949+40 the person desires to obtain the deduction. The application may be filed
1950+41 in person or by mail. If mailed, the mailing must be postmarked on or
1951+42 before the last day for filing. If the application is not filed before the
1952+ES 1—LS 7244/DI 120 43
1953+1 applicable deadline under this subsection, the deduction is waived. The
1954+2 application must be filed on a form prescribed by the department of
1955+3 local government finance. The application for a resource recovery
1956+4 system deduction must include:
1957+5 (1) a certification by the department of environmental
1958+6 management for the 1993 assessment year or a prior assessment
1959+7 year as described in subsection (d); or
1960+8 (2) the certification by the department of environmental
1961+9 management for the 1993 assessment year as described in
1962+10 subsection (g).
1963+11 Beginning with the 1995 assessment year a person must also file an
1964+12 itemized list of all property on which a deduction is claimed. The list
1965+13 must include the date of purchase of the property and the cost to
1966+14 acquire the property.
1967+15 (f) Before July 1, 1995, the department of environmental
1968+16 management shall transfer all the applications, records, or other
1969+17 material the department has with respect to resource recovery system
1970+18 deductions under this section for the 1993 and 1994 assessment years.
1971+19 The township assessor, or the county assessor if there is no township
1972+20 assessor for the township, shall verify each deduction application filed
1973+21 under this section and the county auditor shall determine the deduction.
1974+22 The county auditor shall send to the department of local government
1975+23 finance a copy of each deduction application. The county auditor shall
1976+24 notify the county property tax assessment board of appeals of all
1977+25 deductions allowed under this section. A denial of a deduction claimed
1978+26 under this subsection may be appealed as provided in IC 6-1.1-15. The
1979+27 appeal is limited to a review of a determination made by the township
1980+28 assessor, the county assessor, or the county auditor.
1981+29 (g) Notwithstanding subsection (d), the certification for the 1993
1982+30 assessment year of a resource recovery system in regard to which a
1983+31 political subdivision is liable for the payment of the property taxes
1984+32 remains valid at the ninety-five percent (95%) deduction level allowed
1985+33 before 1994 as long as the political subdivision remains liable for the
1986+34 payment of the property taxes on the system.
1987+35 (h) This section applies only to property taxes imposed for an
1988+36 assessment date before January 1, 2025.
1989+37 (i) This section expires January 1, 2027.
1990+38 SECTION 38. IC 6-1.1-12-29, AS AMENDED BY P.L.46-2011,
1991+39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1992+40 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 29. (a) This section does
1993+41 not apply to a wind power device that is owned or operated by:
1994+42 (1) a public utility (as defined in IC 8-1-2-1(a)); or
1995+ES 1—LS 7244/DI 120 44
1996+1 (2) another entity that provides electricity at wholesale or retail
1997+2 for consideration, other than a person who participates in a net
1998+3 metering program offered by an electric utility.
1999+4 This subsection shall be interpreted to clarify and not to change the
2000+5 general assembly's intent with respect to this section.
2001+6 (b) For purposes of this section, "wind power device" means a
2002+7 device, such as a windmill or a wind turbine, that is designed to utilize
2003+8 the kinetic energy of moving air to provide mechanical energy or to
2004+9 produce electricity.
2005+10 (c) The owner of real property, or a mobile home that is not assessed
2006+11 as real property, that is equipped with a wind power device is entitled
2007+12 to an annual property tax deduction. The amount of the deduction
2008+13 equals the remainder of (1) the assessed value of the real property or
2009+14 mobile home with the wind power device included, minus (2) the
2010+15 assessed value of the real property or mobile home without the wind
2011+16 power device.
2012+17 (d) This section applies only to property taxes imposed for an
2013+18 assessment date before January 1, 2025.
2014+19 (e) This section expires January 1, 2027.
2015+20 SECTION 39. IC 6-1.1-12-30, AS AMENDED BY P.L.136-2024,
2016+21 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2017+22 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 30. (a) Except as
2018+23 provided in sections 36 and 44 of this chapter and subject to section 45
2019+24 of this chapter, a person who desires to claim the deduction provided
2020+25 by section 29 of this chapter must file a certified statement in duplicate,
2021+26 on forms prescribed by the department of local government finance,
2022+27 with the auditor of the county in which the real property or mobile
2023+28 home is subject to assessment. To obtain the deduction for a desired
2024+29 calendar year in which property taxes are first due and payable, the
2025+30 person must complete, date, and file the statement with the county
2026+31 auditor on or before January 15 of the calendar year in which the
2027+32 property taxes are first due and payable. The person must:
2028+33 (1) own the real property, mobile home, or manufactured home;
2029+34 or
2030+35 (2) be buying the real property, mobile home, or manufactured
2031+36 home under contract;
2032+37 on the date the statement is filed under this section. On verification of
2033+38 the statement by the assessor of the township in which the real property
2034+39 or mobile home is subject to assessment, or the county assessor if there
2035+40 is no township assessor for the township, the county auditor shall allow
2036+41 the deduction.
2037+42 (b) This section applies only to property taxes imposed for an
2038+ES 1—LS 7244/DI 120 45
2039+1 assessment date before January 1, 2025.
2040+2 (c) This section expires January 1, 2027.
2041+3 SECTION 40. IC 6-1.1-12-33, AS AMENDED BY P.L.144-2008,
2042+4 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2043+5 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 33. (a) For purposes of
2044+6 this section "hydroelectric power device" means a device which is
2045+7 installed after December 31, 1981, and is designed to utilize the kinetic
2046+8 power of moving water to provide mechanical energy or to produce
2047+9 electricity.
2048+10 (b) The owner of real property, or a mobile home that is not assessed
2049+11 as real property, that is equipped with a hydroelectric power device is
2050+12 annually entitled to a property tax deduction. The amount of the
2051+13 deduction equals the remainder of:
2052+14 (1) the assessed value of the real property or mobile home with
2053+15 the hydroelectric power device; minus
2054+16 (2) the assessed value of the real property or mobile home without
2055+17 the hydroelectric power device.
2056+18 (c) The deduction provided by this section applies only if the
2057+19 property owner:
2058+20 (1) owns the real property or mobile home; or
2059+21 (2) is buying the real property or mobile home under contract;
2060+22 on the date the statement is filed under section 35.5 of this chapter.
2061+23 (d) This section applies only to property taxes imposed for an
2062+24 assessment date before January 1, 2025.
2063+25 (e) This section expires January 1, 2027.
2064+26 SECTION 41. IC 6-1.1-12-34, AS AMENDED BY P.L.144-2008,
2065+27 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2066+28 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 34. (a) For purposes of
2067+29 this section, "geothermal energy heating or cooling device" means a
2068+30 device that is installed after December 31, 1981, and is designed to
2069+31 utilize the natural heat from the earth to provide hot water, produce
2070+32 electricity, or generate heating or cooling.
2071+33 (b) The owner of real property, or a mobile home that is not assessed
2072+34 as real property, that is equipped with a geothermal energy heating or
2073+35 cooling device is annually entitled to a property tax deduction. The
2074+36 amount of the deduction equals the remainder of: (1) the assessed value
2075+37 of the real property or mobile home with the geothermal heating or
2076+38 cooling device; minus (2) the assessed value of the real property or
2077+39 mobile home without the geothermal heating or cooling device.
2078+40 (c) The deduction provided by this section applies only if the
2079+41 property owner:
2080+42 (1) owns the real property or mobile home; or
2081+ES 1—LS 7244/DI 120 46
2082+1 (2) is buying the real property or mobile home under contract;
2083+2 on the date the statement is filed under section 35.5 of this chapter.
2084+3 (d) This section applies only to property taxes imposed for an
2085+4 assessment date before January 1, 2025.
2086+5 (e) This section expires January 1, 2027.
2087+6 SECTION 42. IC 6-1.1-12-35.5, AS AMENDED BY P.L.136-2024,
2088+7 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2089+8 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 35.5. (a) Except as
2090+9 provided in section 36 or 44 of this chapter and subject to section 45 of
2091+10 this chapter, a person who desires to claim the deduction provided by
2092+11 section 33 (before its expiration) or 34 (before its expiration) of this
2093+12 chapter must file a certified statement in duplicate, on forms prescribed
2094+13 by the department of local government finance and proof of
2095+14 certification under subsection (b) with the auditor of the county in
2096+15 which the property for which the deduction is claimed is subject to
2097+16 assessment. To obtain the deduction for a desired calendar year in
2098+17 which property taxes are first due and payable, the person must
2099+18 complete, date, and file the certified statement with the county auditor
2100+19 on or before January 15 of the calendar year in which the property taxes
2101+20 are first due and payable. The statement may be filed in person or by
2102+21 mail. If mailed, the mailing must be postmarked on or before the last
2103+22 day for filing. On verification of the statement by the assessor of the
2104+23 township in which the property for which the deduction is claimed is
2105+24 subject to assessment, or the county assessor if there is no township
2106+25 assessor for the township, the county auditor shall allow the deduction.
2107+26 (b) The department of environmental management, upon application
2108+27 by a property owner, shall determine whether a system or device
2109+28 qualifies for a deduction provided by section 33 (before its expiration)
2110+29 or 34 (before its expiration) of this chapter. If the department
2111+30 determines that a system or device qualifies for a deduction, it shall
2112+31 certify the system or device and provide proof of the certification to the
2113+32 property owner. The department shall prescribe the form and manner
2114+33 of the certification process required by this subsection.
2115+34 (c) If the department of environmental management receives an
2116+35 application for certification, the department shall determine whether
2117+36 the system or device qualifies for a deduction. If the department fails
2118+37 to make a determination under this subsection before December 31 of
2119+38 the year in which the application is received, the system or device is
2120+39 considered certified.
2121+40 (d) A denial of a deduction claimed under section 33 (before its
2122+41 expiration) or 34 (before its expiration) of this chapter may be
2123+42 appealed as provided in IC 6-1.1-15. The appeal is limited to a review
2124+ES 1—LS 7244/DI 120 47
2125+1 of a determination made by the township assessor county property tax
2126+2 assessment board of appeals, or department of local government
2127+3 finance.
2128+4 (e) Notwithstanding any other law, if there is a change in ownership
2129+5 of real property, or a mobile home that is not assessed as real property:
2130+6 (1) that is equipped with a geothermal energy heating or cooling
2131+7 device; and
2132+8 (2) whose previous owner received a property tax deduction under
2133+9 section 34 of this chapter (before its expiration) for the
2134+10 geothermal energy heating or cooling device prior to the change
2135+11 in ownership;
2136+12 the new owner shall be eligible for the property tax deduction following
2137+13 the change in ownership and, in subsequent taxable years, shall not be
2138+14 required to obtain a determination of qualification from the department
2139+15 of environmental management under subsection (b) and shall not be
2140+16 required to file a certified statement of qualification with the county
2141+17 auditor under subsection (a) to remain eligible for the property tax
2142+18 deduction.
2143+19 (f) This section applies only to property taxes imposed for an
2144+20 assessment date before January 1, 2025.
2145+21 (g) This section expires January 1, 2027.
2146+22 SECTION 43. IC 6-1.1-12-36, AS AMENDED BY P.L.214-2019,
2147+23 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2148+24 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 36. (a) A person who
2149+25 receives a deduction provided under section 26 (before its expiration),
2150+26 29 (before its expiration), 33 (before its expiration), 34 (before its
2151+27 expiration), or 38 (before its expiration) of this chapter for a
2152+28 particular year and who remains eligible for the deduction for the
2153+29 following year is not required to file a statement to apply for the
2154+30 deduction for the following year.
2155+31 (b) A person who receives a deduction provided under section 26
2156+32 (before its expiration), 29 (before its expiration), 33 (before its
2157+33 expiration), 34 (before its expiration), or 38 (before its expiration)
2158+34 of this chapter for a particular year and who becomes ineligible for the
2159+35 deduction for the following year shall notify the auditor of the county
2160+36 in which the real property or mobile home for which the person
2161+37 received the deduction is located of the person's ineligibility before
2162+38 March 31 of the year for which the person becomes ineligible.
2163+39 (c) The auditor of each county shall, in a particular year, apply a
2164+40 deduction provided under section 26 (before its expiration), 29
2165+41 (before its expiration), 33 (before its expiration), 34 (before its
2166+42 expiration), or 38 (before its expiration) of this chapter to each
2167+ES 1—LS 7244/DI 120 48
2168+1 person who received the deduction in the preceding year unless the
2169+2 auditor determines that the person is no longer eligible for the
2170+3 deduction.
2171+4 (d) This section applies only to property taxes imposed for an
2172+5 assessment date before January 1, 2025.
2173+6 (e) This section expires January 1, 2027.
2174+7 SECTION 44. IC 6-1.1-12-37, AS AMENDED BY P.L.156-2024,
2175+8 SECTION 11, AND AS AMENDED BY P.L.136-2024, SECTION 14,
2176+9 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
2177+10 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
2178+11 AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1,
2179+12 2025 (RETROACTIVE)]: Sec. 37. (a) The following definitions apply
2180+13 throughout this section:
2181+14 (1) "Dwelling" means any of the following:
2182+15 (A) Residential real property improvements that an individual
2183+16 uses as the individual's residence, limited to a single house and
2184+17 a single garage, regardless of whether the single garage is
2185+18 attached to the single house or detached from the single house.
2186+19 (B) A mobile home that is not assessed as real property that an
2187+20 individual uses as the individual's residence.
2188+21 (C) A manufactured home that is not assessed as real property
2189+22 that an individual uses as the individual's residence.
2190+23 (2) "Homestead" means an individual's principal place of
2191+24 residence:
2192+25 (A) that is located in Indiana;
2193+26 (B) that:
2194+27 (i) the individual owns;
2195+28 (ii) the individual is buying under a contract recorded in the
2196+29 county recorder's office, or evidenced by a memorandum of
2197+30 contract recorded in the county recorder's office under
2198+31 IC 36-2-11-20, that provides that the individual is to pay the
2199+32 property taxes on the residence, and that obligates the owner
2200+33 to convey title to the individual upon completion of all of the
2201+34 individual's contract obligations;
2202+35 (iii) the individual is entitled to occupy as a
2203+36 tenant-stockholder (as defined in 26 U.S.C. 216) of a
2204+37 cooperative housing corporation (as defined in 26 U.S.C.
2205+38 216); or
2206+39 (iv) is a residence described in section 17.9 of this chapter
2207+40 (before its expiration) that is owned by a trust if the
2208+41 individual is an individual described in section 17.9 of this
2209+42 chapter (before its expiration); and
2210+ES 1—LS 7244/DI 120 49
2211+1 (C) that consists of a dwelling and includes up to one (1) acre
2212+2 of land immediately surrounding that dwelling, and any of the
2213+3 following improvements:
2214+4 (i) Any number of decks, patios, gazebos, or pools.
2215+5 (ii) One (1) additional building that is not part of the
2216+6 dwelling if the building is predominantly used for a
2217+7 residential purpose and is not used as an investment property
2218+8 or as a rental property.
2219+9 (iii) One (1) additional residential yard structure other than
2220+10 a deck, patio, gazebo, or pool.
2221+11 Except as provided in subsection (q), (r), the term does not
2222+12 include property owned by a corporation, partnership, limited
2223+13 liability company, or other entity not described in this
2224+14 subdivision.
2225+15 (b) Each year a homestead is eligible for a standard deduction from
2226+16 the assessed value of the homestead for an assessment date. Except as
2227+17 provided in subsection (m), (n), the deduction provided by this section
2228+18 applies to property taxes first due and payable for an assessment date
2229+19 only if an individual has an interest in the homestead described in
2230+20 subsection (a)(2)(B) on:
2231+21 (1) the assessment date; or
2232+22 (2) any date in the same year after an assessment date that a
2233+23 statement is filed under subsection (e) or section 44 of this
2234+24 chapter, if the property consists of real property.
2235+25 If more than one (1) individual or entity qualifies property as a
2236+26 homestead under subsection (a)(2)(B) for an assessment date, only one
2237+27 (1) standard deduction from the assessed value of the homestead may
2238+28 be applied for the assessment date. Subject to subsection (c), the
2239+29 auditor of the county shall record and make the deduction for the
2240+30 individual or entity qualifying for the deduction.
2241+31 (c) Except as provided in section 40.5 of this chapter, the total
2242+32 amount of the deduction that a person may receive under this section
2243+33 for a particular year is: the lesser of:
2244+34 (1) for assessment dates before January 1, 2025, the lesser of:
2245+35 (A) sixty percent (60%) of the assessed value of the real
2246+36 property, mobile home not assessed as real property, or
2247+37 manufactured home not assessed as real property; or
2248+38 (B) forty-eight thousand dollars ($48,000); or
2249+39 (2) for assessment dates:
2250+40 (A) before January 1, 2023, forty-five thousand dollars
2251+41 ($45,000); or
2252+42 (B) after December 31, 2022, forty-eight thousand dollars
2253+ES 1—LS 7244/DI 120 50
2254+1 ($48,000).
2255+2 (2) for assessment dates after December 31, 2024:
2256+3 (A) in 2025, forty-eight thousand dollars ($48,000);
2257+4 (B) in 2026, forty thousand dollars ($40,000);
2258+5 (C) in 2027, thirty thousand dollars ($30,000);
2259+6 (D) in 2028, twenty thousand dollars ($20,000); and
2260+7 (E) in 2029, ten thousand dollars ($10,000).
2261+8 Beginning with the 2030 assessment date, and each assessment date
2262+9 thereafter, the deduction amount under this section is zero (0).
2263+10 Application of the phase down under this section for assessment
2264+11 dates after December 31, 2024, with regard to mobile homes that
2265+12 are not assessed as real property and manufactured homes not
2266+13 assessed as real property shall be construed and applied in the
2267+14 same manner in terms of timing and consistent with its application
2268+15 for real property.
2269+16 (d) A person who has sold real property, a mobile home not assessed
2270+17 as real property, or a manufactured home not assessed as real property
2271+18 to another person under a contract that provides that the contract buyer
2272+19 is to pay the property taxes on the real property, mobile home, or
2273+20 manufactured home may not claim the deduction provided under this
2274+21 section with respect to that real property, mobile home, or
2275+22 manufactured home.
2276+23 (e) Except as provided in sections 17.8 and 44 of this chapter and
2277+24 subject to section 45 of this chapter, an individual who desires to claim
2278+25 the deduction provided by this section must file a certified statement on
2279+26 forms prescribed by the department of local government finance with
2280+27 the auditor of the county in which the homestead is located. The
2281+28 statement must include:
2282+29 (1) the parcel number or key number of the property and the name
2283+30 of the city, town, or township in which the property is located;
2284+31 (2) the name of any other location in which the applicant or the
2285+32 applicant's spouse owns, is buying, or has a beneficial interest in
2286+33 residential real property;
2287+34 (3) the names of:
2288+35 (A) the applicant and the applicant's spouse (if any):
2289+36 (i) as the names appear in the records of the United States
2290+37 Social Security Administration for the purposes of the
2291+38 issuance of a Social Security card and Social Security
2292+39 number; or
2293+40 (ii) that they use as their legal names when they sign their
2294+41 names on legal documents;
2295+42 if the applicant is an individual; or
2296+ES 1—LS 7244/DI 120 51
2297+1 (B) each individual who qualifies property as a homestead
2298+2 under subsection (a)(2)(B) and the individual's spouse (if any):
2299+3 (i) as the names appear in the records of the United States
2300+4 Social Security Administration for the purposes of the
2301+5 issuance of a Social Security card and Social Security
2302+6 number; or
2303+7 (ii) that they use as their legal names when they sign their
2304+8 names on legal documents;
2305+9 if the applicant is not an individual; and
2306+10 (4) either:
2307+11 (A) the last five (5) digits of the applicant's Social Security
2308+12 number and the last five (5) digits of the Social Security
2309+13 number of the applicant's spouse (if any); or
2310+14 (B) if the applicant or the applicant's spouse (if any) does not
2311+15 have a Social Security number, any of the following for that
2312+16 individual:
2313+17 (i) The last five (5) digits of the individual's driver's license
2314+18 number.
2315+19 (ii) The last five (5) digits of the individual's state
2316+20 identification card number.
2317+21 (iii) The last five (5) digits of a preparer tax identification
2318+22 number that is obtained by the individual through the
2319+23 Internal Revenue Service of the United States.
2320+24 (iv) If the individual does not have a driver's license, a state
2321+25 identification card, or an Internal Revenue Service preparer
2322+26 tax identification number, the last five (5) digits of a control
2323+27 number that is on a document issued to the individual by the
2324+28 United States government.
2325+29 If a form or statement provided to the county auditor under this section,
2326+30 IC 6-1.1-22-8.1, or IC 6-1.1-22.5-12 includes the telephone number or
2327+31 part or all of the Social Security number of a party or other number
2328+32 described in subdivision (4)(B) of a party, the telephone number and
2329+33 the Social Security number or other number described in subdivision
2330+34 (4)(B) included are confidential. The statement may be filed in person
2331+35 or by mail. If the statement is mailed, the mailing must be postmarked
2332+36 on or before the last day for filing. The statement applies for that first
2333+37 year and any succeeding year for which the deduction is allowed. To
2334+38 obtain the deduction for a desired calendar year in which property
2335+39 taxes are first due and payable, the statement must be completed and
2336+40 dated in the immediately preceding calendar year and filed with the
2337+41 county auditor on or before January 5 of the calendar year in which
2338+42 the property taxes are first due and payable.
2339+ES 1—LS 7244/DI 120 52
2340+1 (f) To obtain the deduction for a desired calendar year under this
2341+2 section in which property taxes are first due and payable, the
2342+3 individual desiring to claim the deduction must do the following as
2343+4 applicable:
2344+5 (1) Complete, date, and file the certified statement described in
2345+6 subsection (e) on or before January 15 of the calendar year in
2346+7 which the property taxes are first due and payable.
2347+8 (2) Satisfy any recording requirements on or before January 15
2348+9 of the calendar year in which the property taxes are first due and
2349+10 payable for a homestead described in subsection (a)(2).
2350+11 (f) (g) Except as provided in subsection (k), (l), if a person who is
2351+12 receiving, or seeks to receive, the deduction provided by this section in
2352+13 the person's name:
2353+14 (1) changes the use of the individual's property so that part or all
2354+15 of the property no longer qualifies for the deduction under this
2355+16 section; or
2356+17 (2) is not eligible for a deduction under this section because the
2357+18 person is already receiving:
2358+19 (A) a deduction under this section in the person's name as an
2359+20 individual or a spouse; or
2360+21 (B) a deduction under the law of another state that is
2361+22 equivalent to the deduction provided by this section;
2362+23 the person must file a certified statement with the auditor of the county,
2363+24 notifying the auditor of the person's ineligibility, not more than sixty
2364+25 (60) days after the date of the change in eligibility. A person who fails
2365+26 to file the statement required by this subsection may, under
2366+27 IC 6-1.1-36-17, be liable for any additional taxes that would have been
2367+28 due on the property if the person had filed the statement as required by
2368+29 this subsection plus a civil penalty equal to ten percent (10%) of the
2369+30 additional taxes due. The civil penalty imposed under this subsection
2370+31 is in addition to any interest and penalties for a delinquent payment that
2371+32 might otherwise be due. One percent (1%) of the total civil penalty
2372+33 collected under this subsection shall be transferred by the county to the
2373+34 department of local government finance for use by the department in
2374+35 establishing and maintaining the homestead property data base under
2375+36 subsection (i) (j) and, to the extent there is money remaining, for any
2376+37 other purposes of the department. This amount becomes part of the
2377+38 property tax liability for purposes of this article.
2378+39 (g) (h) The department of local government finance may adopt rules
2379+40 or guidelines concerning the application for a deduction under this
2380+41 section.
2381+42 (h) (i) This subsection does not apply to property in the first year for
2382+ES 1—LS 7244/DI 120 53
2383+1 which a deduction is claimed under this section if the sole reason that
2384+2 a deduction is claimed on other property is that the individual or
2385+3 married couple maintained a principal residence at the other property
2386+4 on the assessment date in the same year in which an application for a
2387+5 deduction is filed under this section or, if the application is for a
2388+6 homestead that is assessed as personal property, on the assessment date
2389+7 in the immediately preceding year and the individual or married couple
2390+8 is moving the individual's or married couple's principal residence to the
2391+9 property that is the subject of the application. Except as provided in
2392+10 subsection (k), (l), the county auditor may not grant an individual or a
2393+11 married couple a deduction under this section if:
2394+12 (1) the individual or married couple, for the same year, claims the
2395+13 deduction on two (2) or more different applications for the
2396+14 deduction; and
2397+15 (2) the applications claim the deduction for different property.
2398+16 (i) (j) The department of local government finance shall provide
2399+17 secure access to county auditors to a homestead property data base that
2400+18 includes access to the homestead owner's name and the numbers
2401+19 required from the homestead owner under subsection (e)(4) for the sole
2402+20 purpose of verifying whether an owner is wrongly claiming a deduction
2403+21 under this chapter or a credit under IC 6-1.1-20.4, IC 6-1.1-20.6, or
2404+22 IC 6-3.6-5 (after December 31, 2016). (before its expiration). Each
2405+23 county auditor shall submit data on deductions applicable to the current
2406+24 tax year on or before March 15 of each year in a manner prescribed by
2407+25 the department of local government finance.
2408+26 (j) (k) A county auditor may require an individual to provide
2409+27 evidence proving that the individual's residence is the individual's
2410+28 principal place of residence as claimed in the certified statement filed
2411+29 under subsection (e). The county auditor may limit the evidence that an
2412+30 individual is required to submit to a state income tax return, a valid
2413+31 driver's license, or a valid voter registration card showing that the
2414+32 residence for which the deduction is claimed is the individual's
2415+33 principal place of residence. The county auditor may not deny an
2416+34 application filed under section 44 of this chapter because the applicant
2417+35 does not have a valid driver's license or state identification card with
2418+36 the address of the homestead property. The department of local
2419+37 government finance shall work with county auditors to develop
2420+38 procedures to determine whether a property owner that is claiming a
2421+39 standard deduction or homestead credit is not eligible for the standard
2422+40 deduction or homestead credit because the property owner's principal
2423+41 place of residence is outside Indiana.
2424+42 (k) (l) A county auditor shall grant an individual a deduction under
2425+ES 1—LS 7244/DI 120 54
2426+1 this section regardless of whether the individual and the individual's
2427+2 spouse claim a deduction on two (2) different applications and each
2428+3 application claims a deduction for different property if the property
2429+4 owned by the individual's spouse is located outside Indiana and the
2430+5 individual files an affidavit with the county auditor containing the
2431+6 following information:
2432+7 (1) The names of the county and state in which the individual's
2433+8 spouse claims a deduction substantially similar to the deduction
2434+9 allowed by this section.
2435+10 (2) A statement made under penalty of perjury that the following
2436+11 are true:
2437+12 (A) That the individual and the individual's spouse maintain
2438+13 separate principal places of residence.
2439+14 (B) That neither the individual nor the individual's spouse has
2440+15 an ownership interest in the other's principal place of
2441+16 residence.
2442+17 (C) That neither the individual nor the individual's spouse has,
2443+18 for that same year, claimed a standard or substantially similar
2444+19 deduction for any property other than the property maintained
2445+20 as a principal place of residence by the respective individuals.
2446+21 A county auditor may require an individual or an individual's spouse to
2447+22 provide evidence of the accuracy of the information contained in an
2448+23 affidavit submitted under this subsection. The evidence required of the
2449+24 individual or the individual's spouse may include state income tax
2450+25 returns, excise tax payment information, property tax payment
2451+26 information, driver driver's license information, and voter registration
2452+27 information.
2453+28 (l) (m) If:
2454+29 (1) a property owner files a statement under subsection (e) to
2455+30 claim the deduction provided by this section for a particular
2456+31 property; and
2457+32 (2) the county auditor receiving the filed statement determines
2458+33 that the property owner's property is not eligible for the deduction;
2459+34 the county auditor shall inform the property owner of the county
2460+35 auditor's determination in writing. If a property owner's property is not
2461+36 eligible for the deduction because the county auditor has determined
2462+37 that the property is not the property owner's principal place of
2463+38 residence, the property owner may appeal the county auditor's
2464+39 determination as provided in IC 6-1.1-15. The county auditor shall
2465+40 inform the property owner of the owner's right to appeal when the
2466+41 county auditor informs the property owner of the county auditor's
2467+42 determination under this subsection.
2468+ES 1—LS 7244/DI 120 55
2469+1 (m) (n) An individual is entitled to the deduction under this section
2470+2 for a homestead for a particular assessment date if:
2471+3 (1) either:
2472+4 (A) the individual's interest in the homestead as described in
2473+5 subsection (a)(2)(B) is conveyed to the individual after the
2474+6 assessment date, but within the calendar year in which the
2475+7 assessment date occurs; or
2476+8 (B) the individual contracts to purchase the homestead after
2477+9 the assessment date, but within the calendar year in which the
2478+10 assessment date occurs;
2479+11 (2) on the assessment date:
2480+12 (A) the property on which the homestead is currently located
2481+13 was vacant land; or
2482+14 (B) the construction of the dwelling that constitutes the
2483+15 homestead was not completed; and
2484+16 (3) either:
2485+17 (A) the individual files the certified statement required by
2486+18 subsection (e); or
2487+19 (B) a sales disclosure form that meets the requirements of
2488+20 section 44 of this chapter is submitted to the county assessor
2489+21 on or before December 31 of the calendar year for the
2490+22 individual's purchase of the homestead.
2491+23 An individual who satisfies the requirements of subdivisions (1)
2492+24 through (3) is entitled to the deduction under this section for the
2493+25 homestead for the assessment date, even if on the assessment date the
2494+26 property on which the homestead is currently located was vacant land
2495+27 or the construction of the dwelling that constitutes the homestead was
2496+28 not completed. The county auditor shall apply the deduction for the
2497+29 assessment date and for the assessment date in any later year in which
2498+30 the homestead remains eligible for the deduction. A homestead that
2499+31 qualifies for the deduction under this section as provided in this
2500+32 subsection is considered a homestead for purposes of section 37.5 of
2501+33 this chapter and IC 6-1.1-20.6.
2502+34 (n) (o) This subsection applies to an application for the deduction
2503+35 provided by this section that is filed for an assessment date occurring
2504+36 after December 31, 2013. Notwithstanding any other provision of this
2505+37 section, an individual buying a mobile home that is not assessed as real
2506+38 property or a manufactured home that is not assessed as real property
2507+39 under a contract providing that the individual is to pay the property
2508+40 taxes on the mobile home or manufactured home is not entitled to the
2509+41 deduction provided by this section unless the parties to the contract
2510+42 comply with IC 9-17-6-17.
2511+ES 1—LS 7244/DI 120 56
2512+1 (o) (p) This subsection:
2513+2 (1) applies to an application for the deduction provided by this
2514+3 section that is filed for an assessment date occurring after
2515+4 December 31, 2013; and
2516+5 (2) does not apply to an individual described in subsection (n).
2517+6 (o).
2518+7 The owner of a mobile home that is not assessed as real property or a
2519+8 manufactured home that is not assessed as real property must attach a
2520+9 copy of the owner's title to the mobile home or manufactured home to
2521+10 the application for the deduction provided by this section.
2522+11 (p) (q) For assessment dates after 2013, the term "homestead"
2523+12 includes property that is owned by an individual who:
2524+13 (1) is serving on active duty in any branch of the armed forces of
2525+14 the United States;
2526+15 (2) was ordered to transfer to a location outside Indiana; and
2527+16 (3) was otherwise eligible, without regard to this subsection, for
2528+17 the deduction under this section for the property for the
2529+18 assessment date immediately preceding the transfer date specified
2530+19 in the order described in subdivision (2).
2531+20 For property to qualify under this subsection for the deduction provided
2532+21 by this section, the individual described in subdivisions (1) through (3)
2533+22 must submit to the county auditor a copy of the individual's transfer
2534+23 orders or other information sufficient to show that the individual was
2535+24 ordered to transfer to a location outside Indiana. The property continues
2536+25 to qualify for the deduction provided by this section until the individual
2537+26 ceases to be on active duty, the property is sold, or the individual's
2538+27 ownership interest is otherwise terminated, whichever occurs first.
2539+28 Notwithstanding subsection (a)(2), the property remains a homestead
2540+29 regardless of whether the property continues to be the individual's
2541+30 principal place of residence after the individual transfers to a location
2542+31 outside Indiana. The property continues to qualify as a homestead
2543+32 under this subsection if the property is leased while the individual is
2544+33 away from Indiana and is serving on active duty, if the individual has
2545+34 lived at the property at any time during the past ten (10) years.
2546+35 Otherwise, the property ceases to qualify as a homestead under this
2547+36 subsection if the property is leased while the individual is away from
2548+37 Indiana. Property that qualifies as a homestead under this subsection
2549+38 shall also be construed as a homestead for purposes of section 37.5 of
2550+39 this chapter.
2551+40 (q) (r) As used in this section, "homestead" includes property that
2552+41 satisfies each of the following requirements:
2553+42 (1) The property is located in Indiana and consists of a dwelling
2554+ES 1—LS 7244/DI 120 57
2555+1 and includes up to one (1) acre of land immediately surrounding
2556+2 that dwelling, and any of the following improvements:
2557+3 (A) Any number of decks, patios, gazebos, or pools.
2558+4 (B) One (1) additional building that is not part of the dwelling
2559+5 if the building is predominately used for a residential purpose
2560+6 and is not used as an investment property or as a rental
2561+7 property.
2562+8 (C) One (1) additional residential yard structure other than a
2563+9 deck, patio, gazebo, or pool.
2564+10 (2) The property is the principal place of residence of an
2565+11 individual.
2566+12 (3) The property is owned by an entity that is not described in
2567+13 subsection (a)(2)(B).
2568+14 (4) The individual residing on the property is a shareholder,
2569+15 partner, or member of the entity that owns the property.
2570+16 (5) The property was eligible for the standard deduction under
2571+17 this section on March 1, 2009.
2572+18 SECTION 45. IC 6-1.1-12-37.5, AS AMENDED BY P.L.239-2023,
2573+19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2574+20 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 37.5. (a) A person who
2575+21 is entitled to a standard deduction from the assessed value of property
2576+22 under section 37 of this chapter is also entitled to receive a
2577+23 supplemental deduction from the assessed value of the homestead to
2578+24 which the standard deduction applies after the application of the
2579+25 standard deduction but before the application of any other deduction,
2580+26 exemption, or credit for which the person is eligible.
2581+27 (b) This subsection applies to taxes first due and payable before
2582+28 January 1, 2026. The amount of the deduction under this section is
2583+29 equal to the sum of the following:
2584+30 (1) For property taxes first due and payable:
2585+31 (A) before January 1, 2024, thirty-five percent (35%);
2586+32 (B) in 2024, forty percent (40%); and
2587+33 (C) in 2025, thirty-seven and five-tenths percent (37.5%); and
2588+34 (D) after December 31, 2025, thirty-five percent (35%);
2589+35 of the assessed value determined under subsection (a) that is not
2590+36 more than six hundred thousand dollars ($600,000).
2591+37 (2) For property taxes first due and payable:
2592+38 (A) before January 1, 2024, twenty-five percent (25%);
2593+39 (B) in 2024, thirty percent (30%); and
2594+40 (C) in 2025, twenty-seven and five-tenths percent (27.5%);
2595+41 and
2596+42 (D) after December 31, 2025, twenty-five percent (25%);
2597+ES 1—LS 7244/DI 120 58
2598+1 of the assessed value determined under subsection (a) that is more
2599+2 than six hundred thousand dollars ($600,000).
2600+3 (c) This subsection applies to taxes first due and payable after
2601+4 December 31, 2025. The amount of the deduction under this section
2602+5 is equal to:
2603+6 (1) the assessed value of property reduced by the deduction
2604+7 amount under section 37 of this chapter for the property for
2605+8 the particular tax year; multiplied by
2606+9 (2) the following:
2607+10 (A) Forty percent (40%) for taxes first due and payable in
2608+11 2026.
2609+12 (B) Forty-six percent (46%) for taxes first due and payable
2610+13 in 2027.
2611+14 (C) Fifty-two percent (52%) for taxes first due and payable
2612+15 in 2028.
2613+16 (D) Fifty-seven percent (57%) for taxes first due and
2614+17 payable in 2029.
2615+18 (E) Sixty-two percent (62%) for taxes first due and payable
2616+19 in 2030.
2617+20 (F) Sixty-six and seven-tenths percent (66.7%) for taxes
2618+21 first due and payable in 2031, and each year thereafter.
2619+22 However, the amount of the deduction under this section may not
2620+23 exceed the amount equal to seventy-five percent (75%) of the gross
2621+24 assessed value of the property.
2622+25 (c) (d) The auditor of the county shall record and make the
2623+26 deduction for the person qualifying for the deduction.
2624+27 (d) (e) The deduction granted under this section shall not be
2625+28 considered in applying section 40.5 of this chapter to the deductions
2626+29 applicable to property. Section 40.5 of this chapter does not apply to
2627+30 the deduction granted under this section.
2628+31 SECTION 46. IC 6-1.1-12-38, AS AMENDED BY P.L.136-2024,
2629+32 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2630+33 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 38. (a) A person is
2631+34 entitled to a deduction from the assessed value of the person's property
2632+35 in an amount equal to the difference between:
2633+36 (1) the assessed value of the person's property, including the
2634+37 assessed value of the improvements made to comply with the
2635+38 fertilizer storage rules adopted by the state chemist under
2636+39 IC 15-16-2-44 and the pesticide storage rules adopted by the state
2637+40 chemist under IC 15-16-4-52; minus
2638+41 (2) the assessed value of the person's property, excluding the
2639+42 assessed value of the improvements made to comply with the
2640+ES 1—LS 7244/DI 120 59
2641+1 fertilizer storage rules adopted by the state chemist under
2642+2 IC 15-16-2-44 and the pesticide storage rules adopted by the state
2643+3 chemist under IC 15-16-4-52.
2644+4 (b) To obtain the deduction under this section, a person must file a
2645+5 certified statement in duplicate, on forms prescribed by the department
2646+6 of local government finance, with the auditor of the county in which the
2647+7 property is subject to assessment. In addition to the certified statement,
2648+8 the person must file a certification by the state chemist listing the
2649+9 improvements that were made to comply with the fertilizer storage
2650+10 rules adopted under IC 15-16-2-44 and the pesticide storage rules
2651+11 adopted by the state chemist under IC 15-16-4-52. Subject to section
2652+12 45 of this chapter, the statement must be completed, dated, and filed
2653+13 with the county auditor on or before January 15 of the immediately
2654+14 succeeding calendar year. Upon the verification of the statement and
2655+15 certification by the assessor of the township in which the property is
2656+16 subject to assessment, or the county assessor if there is no township
2657+17 assessor for the township, the county auditor shall allow the deduction.
2658+18 (c) The deduction provided by this section applies only if the
2659+19 person:
2660+20 (1) owns the property; or
2661+21 (2) is buying the property under contract;
2662+22 on the assessment date for which the deduction applies.
2663+23 (d) This section applies only to property taxes imposed for an
2664+24 assessment date before January 1, 2025.
2665+25 (e) This section expires January 1, 2027.
2666+26 SECTION 47. IC 6-1.1-12-40 IS AMENDED TO READ AS
2667+27 FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
2668+28 Sec. 40. (a) This section applies only to real property that is located in
2669+29 an enterprise zone established in a county containing a consolidated
2670+30 city.
2671+31 (b) The owner of real property described in subsection (a) is entitled
2672+32 to a deduction under this section if:
2673+33 (1) an obsolescence depreciation adjustment for either functional
2674+34 obsolescence or economic obsolescence was allowed for the
2675+35 property for property taxes assessed in the year preceding the year
2676+36 in which the owner purchased the property;
2677+37 (2) the property owner submits an application requesting the
2678+38 deduction to the fiscal body of the county in which the property
2679+39 is located; and
2680+40 (3) the fiscal body of the county approves the deduction.
2681+41 (c) If a county fiscal body approves a deduction under this section,
2682+42 it must notify the county auditor of the approval of the deduction.
2683+ES 1—LS 7244/DI 120 60
2684+1 (d) A deduction may be claimed under this section for not more than
2685+2 four (4) years. The amount of the deduction under this section equals:
2686+3 (1) the amount of the obsolescence depreciation adjustment for
2687+4 either functional obsolescence or economic obsolescence that was
2688+5 allowed for the property for property taxes assessed in the year
2689+6 preceding the year in which the owner purchased the property;
2690+7 multiplied by
2691+8 (2) the following percentages:
2692+9 (A) One hundred percent (100%), for property taxes assessed
2693+10 in the year in which the owner purchased the property.
2694+11 (B) Seventy-five percent (75%), for property taxes assessed in
2695+12 the year after the year in which the owner purchased the
2696+13 property.
2697+14 (C) Fifty percent (50%), for property taxes assessed in the
2698+15 second year after the year in which the owner purchased the
2699+16 property.
2700+17 (D) Twenty-five percent (25%), for property taxes assessed in
2701+18 the third year after the year in which the owner purchased the
2702+19 property.
2703+20 (e) This section applies only to property taxes imposed for an
2704+21 assessment date before January 1, 2025.
2705+22 (f) This section expires January 1, 2027.
2706+23 SECTION 48. IC 6-1.1-12-42, AS AMENDED BY P.L.146-2008,
2707+24 SECTION 119, IS AMENDED TO READ AS FOLLOWS
2708+25 [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 42. (a) As
2709+26 used in this section, "assessed value of inventory" means the assessed
2710+27 value determined after the application of any deductions or adjustments
2711+28 that apply by statute or rule to the assessment of inventory, other than
2712+29 the deduction established in subsection (c).
2713+30 (b) As used in this section, "inventory" has the meaning set forth in
2714+31 IC 6-1.1-3-11 (repealed).
2715+32 (c) A taxpayer is entitled to a deduction from assessed value equal
2716+33 to one hundred percent (100%) of the taxpayer's assessed value of
2717+34 inventory for assessments made in 2006 for property taxes first due and
2718+35 payable in 2007.
2719+36 (d) A taxpayer is not required to file an application to qualify for the
2720+37 deduction established by this section.
2721+38 (e) The department of local government finance shall incorporate
2722+39 the deduction established by this section in the personal property return
2723+40 form to be used each year for filing under IC 6-1.1-3-7 or
2724+41 IC 6-1.1-3-7.5 to permit the taxpayer to enter the deduction on the
2725+42 form. If a taxpayer fails to enter the deduction on the form, the
2726+ES 1—LS 7244/DI 120 61
2727+1 township assessor, or the county assessor if there is no township
2728+2 assessor for the township, shall:
2729+3 (1) determine the amount of the deduction; and
2730+4 (2) within the period established in IC 6-1.1-16-1, issue a notice
2731+5 of assessment to the taxpayer that reflects the application of the
2732+6 deduction to the inventory assessment.
2733+7 (f) The deduction established by this section must be applied to any
2734+8 inventory assessment made by:
2735+9 (1) an assessing official;
2736+10 (2) a county property tax assessment board of appeals; or
2737+11 (3) the department of local government finance.
2738+12 (g) This section applies only to property taxes imposed for an
2739+13 assessment date before January 1, 2025.
2740+14 (h) This section expires January 1, 2027.
2741+15 SECTION 49. IC 6-1.1-12-43, AS AMENDED BY P.L.174-2022,
2742+16 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2743+17 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 43. (a) For purposes of
2744+18 this section:
2745+19 (1) "benefit" refers to a deduction under section 9 (before its
2746+20 expiration), 11 (before its expiration), 13 (before its
2747+21 expiration), 14 (before its expiration), 16 (before its
2748+22 expiration), 17.4 (before its expiration), 26 (before its
2749+23 expiration), 29 (before its expiration), 33 (before its
2750+24 expiration), 34 (before its expiration), 37, or 37.5 of this
2751+25 chapter;
2752+26 (2) "closing agent" means a person that closes a transaction;
2753+27 (3) "customer" means an individual who obtains a loan in a
2754+28 transaction; and
2755+29 (4) "transaction" means a single family residential:
2756+30 (A) first lien purchase money mortgage transaction; or
2757+31 (B) refinancing transaction.
2758+32 (b) Before closing a transaction after December 31, 2004, a closing
2759+33 agent must provide to the customer the form referred to in subsection
2760+34 (c).
2761+35 (c) Before June 1, 2004, the department of local government finance
2762+36 shall prescribe the form to be provided by closing agents to customers
2763+37 under subsection (b). The department shall make the form available to
2764+38 closing agents, county assessors, county auditors, and county treasurers
2765+39 in hard copy and electronic form. County assessors, county auditors,
2766+40 and county treasurers shall make the form available to the general
2767+41 public. The form must:
2768+42 (1) on one (1) side:
2769+ES 1—LS 7244/DI 120 62
2770+1 (A) list each benefit; and
2771+2 (B) list the eligibility criteria for each benefit;
2772+3 (2) on the other side indicate:
2773+4 (A) each action by and each type of documentation from the
2774+5 customer required to file for each benefit; and
2775+6 (B) sufficient instructions and information to permit a party to
2776+7 terminate a standard deduction under section 37 of this chapter
2777+8 on any property on which the party or the spouse of the party
2778+9 will no longer be eligible for the standard deduction under
2779+10 section 37 of this chapter after the party or the party's spouse
2780+11 begins to reside at the property that is the subject of the
2781+12 closing, including an explanation of the tax consequences and
2782+13 applicable penalties, if a party unlawfully claims a standard
2783+14 deduction under section 37 of this chapter; and
2784+15 (3) be printed in one (1) of two (2) or more colors prescribed by
2785+16 the department of local government finance that distinguish the
2786+17 form from other documents typically used in a closing referred to
2787+18 in subsection (b).
2788+19 (d) A closing agent:
2789+20 (1) may reproduce the form referred to in subsection (c);
2790+21 (2) in reproducing the form, must use a print color prescribed by
2791+22 the department of local government finance; and
2792+23 (3) is not responsible for the content of the form referred to in
2793+24 subsection (c) and shall be held harmless by the department of
2794+25 local government finance from any liability for the content of the
2795+26 form.
2796+27 (e) This subsection applies to a transaction that is closed after
2797+28 December 31, 2009. In addition to providing the customer the form
2798+29 described in subsection (c) before closing the transaction, a closing
2799+30 agent shall do the following as soon as possible after the closing, and
2800+31 within the time prescribed by the department of insurance under
2801+32 IC 27-7-3-15.5:
2802+33 (1) To the extent determinable, input the information described in
2803+34 IC 27-7-3-15.5(c)(2) into the system maintained by the
2804+35 department of insurance under IC 27-7-3-15.5.
2805+36 (2) Submit the form described in IC 27-7-3-15.5(c) to the data
2806+37 base described in IC 27-7-3-15.5(c)(2)(D).
2807+38 (f) A closing agent to which this section applies shall document the
2808+39 closing agent's compliance with this section with respect to each
2809+40 transaction in the form of verification of compliance signed by the
2810+41 customer.
2811+42 (g) Subject to IC 27-7-3-15.5(d), a closing agent is subject to a civil
2812+ES 1—LS 7244/DI 120 63
2813+1 penalty of twenty-five dollars ($25) for each instance in which the
2814+2 closing agent fails to comply with this section with respect to a
2815+3 customer. The penalty:
2816+4 (1) may be enforced by the state agency that has administrative
2817+5 jurisdiction over the closing agent in the same manner that the
2818+6 agency enforces the payment of fees or other penalties payable to
2819+7 the agency; and
2820+8 (2) shall be paid into:
2821+9 (A) the state general fund, if the closing agent fails to comply
2822+10 with subsection (b); or
2823+11 (B) the home ownership education account established by
2824+12 IC 5-20-1-27, if the closing agent fails to comply with
2825+13 subsection (e) in a transaction that is closed after December
2826+14 31, 2009.
2827+15 (h) A closing agent is not liable for any other damages claimed by
2828+16 a customer because of:
2829+17 (1) the closing agent's mere failure to provide the appropriate
2830+18 document to the customer under subsection (b); or
2831+19 (2) with respect to a transaction that is closed after December 31,
2832+20 2009, the closing agent's failure to input the information or submit
2833+21 the form described in subsection (e).
2834+22 (i) The state agency that has administrative jurisdiction over a
2835+23 closing agent shall:
2836+24 (1) examine the closing agent to determine compliance with this
2837+25 section; and
2838+26 (2) impose and collect penalties under subsection (g).
2839+27 SECTION 50. IC 6-1.1-12-44, AS AMENDED BY P.L.136-2024,
2840+28 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2841+29 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 44. (a) A sales disclosure
2842+30 form under IC 6-1.1-5.5:
2843+31 (1) that is submitted:
2844+32 (A) as a paper form; or
2845+33 (B) electronically;
2846+34 on or before January 15 of a calendar year in which property taxes
2847+35 are first due and payable to the county assessor by or on behalf of
2848+36 the purchaser of a homestead (as defined in section 37 of this
2849+37 chapter) assessed as real property;
2850+38 (2) that is accurate and complete;
2851+39 (3) that is approved by the county assessor as eligible for filing
2852+40 with the county auditor; and
2853+41 (4) that is filed:
2854+42 (A) as a paper form; or
2855+ES 1—LS 7244/DI 120 64
2856+1 (B) electronically;
2857+2 with the county auditor by or on behalf of the purchaser;
2858+3 constitutes an application for the deductions provided by sections 26
2859+4 (before its expiration), 29 (before its expiration), 33 (before its
2860+5 expiration), 34 (before its expiration), and 37 of this chapter with
2861+6 respect to property taxes first due and payable in the calendar year
2862+7 referred to in subdivision (1). The county auditor may not deny an
2863+8 application for the deductions provided by section 37 of this chapter
2864+9 because the applicant does not have a valid driver's license or state
2865+10 identification card with the address of the homestead property.
2866+11 (b) Except as provided in subsection (c), if:
2867+12 (1) the county auditor receives in a calendar year a sales
2868+13 disclosure form that meets the requirements of subsection (a); and
2869+14 (2) the homestead for which the sales disclosure form is submitted
2870+15 is otherwise eligible for a deduction referred to in subsection (a);
2871+16 the county auditor shall apply the deduction to the homestead for
2872+17 property taxes first due and payable in the calendar year for which the
2873+18 homestead qualifies under subsection (a) and in any later year in which
2874+19 the homestead remains eligible for the deduction.
2875+20 (c) Subsection (b) does not apply if the county auditor, after
2876+21 receiving a sales disclosure form from or on behalf of a purchaser
2877+22 under subsection (a)(4), determines that the homestead is ineligible for
2878+23 the deduction.
2879+24 SECTION 51. IC 6-1.1-12-46, AS AMENDED BY P.L.174-2022,
2880+25 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2881+26 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 46. (a) This section
2882+27 applies to real property for an assessment date in 2011 or a later year
2883+28 if:
2884+29 (1) the real property is not exempt from property taxation for the
2885+30 assessment date;
2886+31 (2) title to the real property is transferred after the assessment date
2887+32 and on or before the December 31 that next succeeds the
2888+33 assessment date;
2889+34 (3) the transferee of the real property applies for an exemption
2890+35 under IC 6-1.1-11 for the next succeeding assessment date; and
2891+36 (4) the county property tax assessment board of appeals
2892+37 determines that the real property is exempt from property taxation
2893+38 for that next succeeding assessment date.
2894+39 (b) For the assessment date referred to in subsection (a)(1), real
2895+40 property is eligible for any deductions for which the transferor under
2896+41 subsection (a)(2) was eligible for that assessment date under the
2897+42 following:
2898+ES 1—LS 7244/DI 120 65
2899+1 (1) IC 6-1.1-12-1 (before its repeal).
2900+2 (2) IC 6-1.1-12-9 (before its expiration).
2901+3 (3) IC 6-1.1-12-11 (before its expiration).
2902+4 (4) IC 6-1.1-12-13 (before its expiration).
2903+5 (5) IC 6-1.1-12-14 (before its expiration).
2904+6 (6) IC 6-1.1-12-16 (before its expiration).
2905+7 (7) IC 6-1.1-12-17.4 (before its expiration).
2906+8 (8) IC 6-1.1-12-18 (before its expiration).
2907+9 (9) IC 6-1.1-12-22 (before its expiration).
2908+10 (10) IC 6-1.1-12-37.
2909+11 (11) IC 6-1.1-12-37.5.
2910+12 (c) For the payment date applicable to the assessment date referred
2911+13 to in subsection (a)(1), real property is eligible for the credit for
2912+14 excessive residential property taxes under IC 6-1.1-20.6 for which the
2913+15 transferor under subsection (a)(2) would be eligible for that payment
2914+16 date if the transfer had not occurred.
2915+17 SECTION 52. IC 6-1.1-12-47 IS ADDED TO THE INDIANA
2916+18 CODE AS A NEW SECTION TO READ AS FOLLOWS
2917+19 [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 47. (a)
2918+20 This section applies to assessment dates beginning after December
2919+21 31, 2024.
2920+22 (b) As used in the section, "eligible property" means all
2921+23 property that is subject to the credit for excessive property taxes
2922+24 under IC 6-1.1-20.6-7.5(a)(2) through IC 6-1.1-20.6-7.5(a)(4).
2923+25 (c) A taxpayer is entitled to a deduction from the assessed value
2924+26 of the taxpayer's eligible property after the application of any
2925+27 other deductions that apply under this article equal to:
2926+28 (1) six percent (6%) of the taxpayer's assessed value for
2927+29 assessments made in 2025 for property taxes first due and
2928+30 payable in 2026;
2929+31 (2) twelve percent (12%) of the taxpayer's assessed value for
2930+32 assessments made in 2026 for property taxes first due and
2931+33 payable in 2027;
2932+34 (3) nineteen percent (19%) of the taxpayer's assessed value
2933+35 for assessments made in 2027 for property taxes first due and
2934+36 payable in 2028;
2935+37 (4) twenty-five percent (25%) of the taxpayer's assessed value
2936+38 for assessments made in 2028 for property taxes first due and
2937+39 payable in 2029;
2938+40 (5) thirty percent (30%) of the taxpayer's assessed value for
2939+41 assessments made in 2029 for property taxes first due and
2940+42 payable in 2030; and
2941+ES 1—LS 7244/DI 120 66
2942+1 (6) thirty-three and four-tenths percent (33.4%) of the
2943+2 taxpayer's assessed value for assessments made in 2030 for
2944+3 property taxes first due and payable in 2031, and for
2945+4 assessments made in each taxable year thereafter.
2946+5 (d) A taxpayer is not required to file an application to qualify
2947+6 for the deduction established by this section. A county auditor shall
2948+7 apply the deduction to eligible property in the county as set forth
2949+8 in this section.
2950+9 (e) Application of the phased in deduction under this section for
2951+10 assessment dates after December 31, 2024, with regard to mobile
2952+11 homes that are not assessed as real property and manufactured
2953+12 homes not assessed as real property shall be construed and applied
2954+13 in the same manner in terms of timing and consistent with its
2955+14 application for real property.
2956+15 SECTION 53. IC 6-1.1-12.1-4.5, AS AMENDED BY P.L.8-2022,
2957+16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2958+17 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 4.5. (a) An applicant
2959+18 must provide a statement of benefits to the designating body. The
2960+19 applicant must provide the completed statement of benefits form to the
2961+20 designating body before the hearing specified in section 2.5(c) of this
2962+21 chapter or before the installation of the new manufacturing equipment,
2963+22 new farm equipment, new research and development equipment, new
2964+23 logistical distribution equipment, or new information technology
2965+24 equipment for which the person desires to claim a deduction under this
2966+25 chapter. The department of local government finance shall prescribe a
2967+26 form for the statement of benefits. The statement of benefits must
2968+27 include the following information:
2969+28 (1) A description of the new manufacturing equipment, new farm
2970+29 equipment, new research and development equipment, new
2971+30 logistical distribution equipment, or new information technology
2972+31 equipment that the person proposes to acquire. A statement of
2973+32 benefits for new farm equipment must describe each piece of new
2974+33 farm equipment with sufficient detail to afford identification.
2975+34 (2) With respect to:
2976+35 (A) new manufacturing equipment not used to dispose of solid
2977+36 waste or hazardous waste by converting the solid waste or
2978+37 hazardous waste into energy or other useful products; and
2979+38 (B) new farm equipment, new research and development
2980+39 equipment, new logistical distribution equipment, or new
2981+40 information technology equipment;
2982+41 an estimate of the number of individuals who will be employed or
2983+42 whose employment will be retained by the person as a result of
2984+ES 1—LS 7244/DI 120 67
2985+1 the installation of the new manufacturing equipment, new farm
2986+2 equipment, new research and development equipment, new
2987+3 logistical distribution equipment, or new information technology
2988+4 equipment and an estimate of the annual salaries of these
2989+5 individuals.
2990+6 (3) An estimate of the cost of the new manufacturing equipment,
2991+7 new farm equipment, new research and development equipment,
2992+8 new logistical distribution equipment, or new information
2993+9 technology equipment.
2994+10 (4) With respect to new manufacturing equipment used to dispose
2995+11 of solid waste or hazardous waste by converting the solid waste
2996+12 or hazardous waste into energy or other useful products, an
2997+13 estimate of the amount of solid waste or hazardous waste that will
2998+14 be converted into energy or other useful products by the new
2999+15 manufacturing equipment.
3000+16 The statement of benefits may be incorporated in a designation
3001+17 application. Notwithstanding any other law, a statement of benefits is
3002+18 a public record that may be inspected and copied under IC 5-14-3-3.
3003+19 (b) The designating body must review the statement of benefits
3004+20 required under subsection (a). The designating body shall determine
3005+21 whether an area should be designated an economic revitalization area
3006+22 or whether the deduction shall be allowed, based on (and after it has
3007+23 made) the following findings:
3008+24 (1) Whether the estimate of the cost of the new manufacturing
3009+25 equipment, new farm equipment, new research and development
3010+26 equipment, new logistical distribution equipment, or new
3011+27 information technology equipment is reasonable for equipment of
3012+28 that type.
3013+29 (2) With respect to:
3014+30 (A) new manufacturing equipment not used to dispose of solid
3015+31 waste or hazardous waste by converting the solid waste or
3016+32 hazardous waste into energy or other useful products; and
3017+33 (B) new farm equipment, new research and development
3018+34 equipment, new logistical distribution equipment, or new
3019+35 information technology equipment;
3020+36 whether the estimate of the number of individuals who will be
3021+37 employed or whose employment will be retained can be
3022+38 reasonably expected to result from the installation of the new
3023+39 manufacturing equipment, new farm equipment, new research and
3024+40 development equipment, new logistical distribution equipment, or
3025+41 new information technology equipment.
3026+42 (3) Whether the estimate of the annual salaries of those
3027+ES 1—LS 7244/DI 120 68
3028+1 individuals who will be employed or whose employment will be
3029+2 retained can be reasonably expected to result from the proposed
3030+3 installation of new manufacturing equipment, new farm
3031+4 equipment, new research and development equipment, new
3032+5 logistical distribution equipment, or new information technology
3033+6 equipment.
3034+7 (4) With respect to new manufacturing equipment used to dispose
3035+8 of solid waste or hazardous waste by converting the solid waste
3036+9 or hazardous waste into energy or other useful products, whether
3037+10 the estimate of the amount of solid waste or hazardous waste that
3038+11 will be converted into energy or other useful products can be
3039+12 reasonably expected to result from the installation of the new
3040+13 manufacturing equipment.
3041+14 (5) Whether any other benefits about which information was
3042+15 requested are benefits that can be reasonably expected to result
3043+16 from the proposed installation of new manufacturing equipment,
3044+17 new farm equipment, new research and development equipment,
3045+18 new logistical distribution equipment, or new information
3046+19 technology equipment.
3047+20 (6) Whether the totality of benefits is sufficient to justify the
3048+21 deduction.
3049+22 The designating body may not designate an area an economic
3050+23 revitalization area or approve the deduction unless it makes the
3051+24 findings required by this subsection in the affirmative.
3052+25 (c) Except as provided in subsection (f), and subject to subsection
3053+26 (g) and section 15 of this chapter, an owner of new manufacturing
3054+27 equipment, new farm equipment, new research and development
3055+28 equipment, new logistical distribution equipment, or new information
3056+29 technology equipment whose statement of benefits is approved is
3057+30 entitled to a deduction from the assessed value of that equipment for
3058+31 the number of years determined by the designating body under section
3059+32 17 or 18 of this chapter. Except as provided in subsection (d) and in
3060+33 section 2(i)(3) of this chapter, and subject to subsection (g) and section
3061+34 15 of this chapter, the amount of the deduction that an owner is entitled
3062+35 to for a particular year equals the product of:
3063+36 (1) the assessed value of the new manufacturing equipment, new
3064+37 farm equipment, new research and development equipment, new
3065+38 logistical distribution equipment, or new information technology
3066+39 equipment in the year of deduction under the abatement schedule
3067+40 established under section 17 or 18 of this chapter; multiplied by
3068+41 (2) the percentage prescribed by the designating body under
3069+42 section 17 or 18 of this chapter.
3070+ES 1—LS 7244/DI 120 69
3071+1 (d) With respect to new manufacturing equipment and new research
3072+2 and development equipment installed before March 2, 2001, the
3073+3 deduction under this section is the amount that causes the net assessed
3074+4 value of the property after the application of the deduction under this
3075+5 section to equal the net assessed value after the application of the
3076+6 deduction under this section that results from computing:
3077+7 (1) the deduction under this section as in effect on March 1, 2001;
3078+8 and
3079+9 (2) the assessed value of the property under 50 IAC 4.2, as in
3080+10 effect on March 1, 2001, or, in the case of property subject to
3081+11 IC 6-1.1-8, 50 IAC 5.1, as in effect on March 1, 2001.
3082+12 (e) The designating body shall determine the number of years the
3083+13 deduction is allowed under section 17 or 18 of this chapter. Except as
3084+14 provided by section 18 of this chapter, the deduction may not be
3085+15 allowed for more than ten (10) years. This determination shall be made:
3086+16 (1) as part of the resolution adopted under section 2.5 of this
3087+17 chapter; or
3088+18 (2) by resolution adopted within sixty (60) days after receiving a
3089+19 copy of a property owner's certified deduction application from
3090+20 the county auditor. A certified copy of the resolution shall be sent
3091+21 to the county auditor.
3092+22 A determination about the number of years the deduction is allowed
3093+23 that is made under subdivision (1) is final and may not be changed by
3094+24 following the procedure under subdivision (2).
3095+25 (f) The owner of new manufacturing equipment that is directly used
3096+26 to dispose of hazardous waste is not entitled to the deduction provided
3097+27 by this section for a particular assessment year if during that
3098+28 assessment year the owner:
3099+29 (1) is convicted of a criminal violation under IC 13, including
3100+30 IC 13-7-13-3 (repealed) or IC 13-7-13-4 (repealed); or
3101+31 (2) is subject to an order or a consent decree with respect to
3102+32 property located in Indiana based on a violation of a federal or
3103+33 state rule, regulation, or statute governing the treatment, storage,
3104+34 or disposal of hazardous wastes that had a major or moderate
3105+35 potential for harm.
3106+36 (g) For purposes of subsection (c), the assessed value of new
3107+37 manufacturing equipment, new farm equipment, new research and
3108+38 development equipment, new logistical distribution equipment, or new
3109+39 information technology equipment that is part of an owner's assessable
3110+40 depreciable personal property in a single taxing district subject to the
3111+41 valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9
3112+42 IC 6-1.1-8-45 is the product of:
3113+ES 1—LS 7244/DI 120 70
3114+1 (1) the assessed value of the equipment determined without
3115+2 regard to the valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29
3116+3 or 50 IAC 5.1-6-9; IC 6-1.1-8-45; multiplied by
3117+4 (2) the quotient of:
3118+5 (A) the amount of the valuation limitation determined under
3119+6 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9 IC 6-1.1-8-45
3120+7 for all of the owner's depreciable personal property in the
3121+8 taxing district; divided by
3122+9 (B) the total true tax value of all of the owner's depreciable
3123+10 personal property in the taxing district that is subject to the
3124+11 valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50
3125+12 IAC 5.1-6-9 IC 6-1.1-8-45 determined:
3126+13 (i) under the depreciation schedules in the rules of the
3127+14 department of local government finance before any
3128+15 adjustment for abnormal obsolescence; and
3129+16 (ii) without regard to the valuation limitation in 50
3130+17 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9.
3131+18 IC 6-1.1-8-45.
3132+19 SECTION 54. IC 6-1.1-12.1-6, AS AMENDED BY P.L.181-2016,
3133+20 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3134+21 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 6. (a) A property owner
3135+22 may not receive a deduction under this chapter for repairs or
3136+23 improvements to real property if the property owner receives a
3137+24 deduction under either IC 6-1.1-12-18 (before its expiration) or
3138+25 IC 6-1.1-12-22 (before its expiration) for those same repairs or
3139+26 improvements. This subsection expires January 1, 2033.
3140+27 (b) A property owner may not receive a deduction under this chapter
3141+28 if the property owner receives a deduction under IC 6-1.1-12-28.5
3142+29 (before its expiration) for the same property.
3143+30 SECTION 55. IC 6-1.1-17-3, AS AMENDED BY P.L.220-2021,
3144+31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3145+32 JULY 1, 2025]: Sec. 3. (a) The proper officers of a political subdivision
3146+33 shall formulate its estimated budget and its proposed tax rate and tax
3147+34 levy on the form prescribed by the department of local government
3148+35 finance and approved by the state board of accounts. In formulating a
3149+36 political subdivision's estimated budget under this section, the proper
3150+37 officers of the political subdivision must consider the net property tax
3151+38 revenue that will be collected by the political subdivision during the
3152+39 ensuing year, after taking into account the estimate by the department
3153+40 of local government finance under IC 6-1.1-20.6-11.1 of the amount by
3154+41 which the political subdivision's distribution of property taxes will be
3155+42 reduced by credits under IC 6-1.1-20.6-9.5 in the ensuing year, after
3156+ES 1—LS 7244/DI 120 71
3157+1 taking into account the estimate by the department of local government
3158+2 finance under section 0.7 of this chapter of the maximum amount of net
3159+3 property tax revenue and miscellaneous revenue that the political
3160+4 subdivision will receive in the ensuing year, and after taking into
3161+5 account all payments for debt service obligations that are to be made
3162+6 by the political subdivision during the ensuing year. The political
3163+7 subdivision or appropriate fiscal body, if the political subdivision is
3164+8 subject to section 20 of this chapter, shall submit the following
3165+9 information to the department's computer gateway:
3166+10 (1) The estimated budget.
3167+11 (2) The estimated maximum permissible levy, as provided by the
3168+12 department under IC 6-1.1-18.5-24.
3169+13 (3) The current and proposed tax levies of each fund.
3170+14 (4) The percentage change between the current and proposed tax
3171+15 levies of each fund.
3172+16 (5) The amount by which the political subdivision's distribution
3173+17 of property taxes may be reduced by credits granted under
3174+18 IC 6-1.1-20.6, as estimated by the department of local government
3175+19 finance under IC 6-1.1-20.6-11.1.
3176+20 (6) The amounts of excessive levy appeals to be requested.
3177+21 (7) The time and place at which the political subdivision or
3178+22 appropriate fiscal body will hold a public hearing on the items
3179+23 described in subdivisions (1) through (6).
3180+24 (8) The amount of any increase in the tax rate and tax levies
3181+25 of the political subdivision in an ordinance adopted under
3182+26 section 23 of this chapter.
3183+27 (8) (9) The time and place at which the political subdivision or
3184+28 appropriate fiscal body will meet to fix the budget, tax rate, and
3185+29 levy under section 5 of this chapter.
3186+30 (9) (10) The date, time, and place of the final adoption of the
3187+31 budget, tax rate, and levy under section 5 of this chapter.
3188+32 Except as provided in section 5.6(b) of this chapter, the political
3189+33 subdivision or appropriate fiscal body shall submit this information to
3190+34 the department's computer gateway at least ten (10) days before the
3191+35 public hearing required by this subsection in the manner prescribed by
3192+36 the department. If the date, time, or place of the final adoption
3193+37 subsequently changes, the political subdivision shall update the
3194+38 information submitted to the department's computer gateway. The
3195+39 department shall make this information available to taxpayers, at least
3196+40 ten (10) days before the public hearing, through its computer gateway
3197+41 and provide a telephone number through which taxpayers may request
3198+42 mailed copies of a political subdivision's information under this
3199+ES 1—LS 7244/DI 120 72
3200+1 subsection. The department's computer gateway must allow a taxpayer
3201+2 to search for the information under this subsection by the taxpayer's
3202+3 address. The department shall review only the submission to the
3203+4 department's computer gateway for compliance with this section.
3204+5 (b) The board of directors of a solid waste management district
3205+6 established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
3206+7 conduct the public hearing required under subsection (a):
3207+8 (1) in any county of the solid waste management district; and
3208+9 (2) in accordance with the annual notice of meetings published
3209+10 under IC 13-21-5-2.
3210+11 (c) The trustee of each township in the county shall estimate the
3211+12 amount necessary to meet the cost of township assistance in the
3212+13 township for the ensuing calendar year. The township board shall,
3213+14 subject to section 23 of this chapter, adopt with the township budget
3214+15 a tax rate sufficient to meet the estimated cost of township assistance.
3215+16 The taxes collected as a result of the tax rate adopted under this
3216+17 subsection are credited to the township assistance fund.
3217+18 (d) A political subdivision for which any of the information under
3218+19 subsection (a) is not submitted to the department's computer gateway
3219+20 in the manner prescribed by the department shall have its most recent
3220+21 annual appropriations and annual tax levy continued for the ensuing
3221+22 budget year.
3222+23 (e) If a political subdivision or appropriate fiscal body timely
3223+24 submits the information under subsection (a) but subsequently
3224+25 discovers the information contains an error, the political subdivision or
3225+26 appropriate fiscal body may submit amended information to the
3226+27 department's computer gateway. However, submission of an
3227+28 amendment to information described in subsection (a)(1) through (a)(7)
3228+29 must occur at least ten (10) days before the public hearing held under
3229+30 subsection (a), and submission of an amendment to information
3230+31 described in subsection (a)(8) through (a)(9) must occur at least
3231+32 twenty-four (24) hours before the time in which the meeting to fix the
3232+33 budget, tax rate, and levy was originally advertised to commence.
3233+34 (f) Each year, the governing body of a school corporation that
3234+35 imposes property taxes to pay debt service on bonds or lease rentals on
3235+36 a lease for a controlled project under IC 6-1.1-20, property taxes under
3236+37 an operating referendum tax levy under IC 20-46-1, or property taxes
3237+38 under a school safety referendum tax levy under IC 20-46-9, shall
3238+39 submit the following information at least ten (10) days before the
3239+40 public hearing required by subsection (a) in the manner prescribed by
3240+41 the department:
3241+42 (1) the purposes specified in the public question submitted to the
3242+ES 1—LS 7244/DI 120 73
3243+1 voters or any revenue spending plans adopted under
3244+2 IC 6-1.1-20-13, IC 20-46-1-8, or IC 20-46-9-6 for:
3245+3 (A) debt service on bonds or lease rentals on a lease for a
3246+4 controlled project under IC 6-1.1-20;
3247+5 (B) an operating referendum tax levy approved by the voters
3248+6 of the school corporation under IC 20-46-1; or
3249+7 (C) a school safety referendum tax levy approved by the voters
3250+8 of the school corporation under IC 20-46-9;
3251+9 as applicable; and
3252+10 (2) the debt service levy fund, operating referendum tax levy
3253+11 fund, or school safety referendum tax levy fund of the school
3254+12 corporation, whichever is applicable;
3255+13 to show whether the school corporation is using revenue collected from
3256+14 the referendum tax levy in the amounts and for the purposes
3257+15 established in the purposes specified in the public question submitted
3258+16 to the voters or the revenue spending plan, as applicable. The
3259+17 department shall make this information available to taxpayers at least
3260+18 ten (10) days before the public hearing.
3261+19 SECTION 56. IC 6-1.1-17-16, AS AMENDED BY P.L.9-2024,
3262+20 SECTION 169, IS AMENDED TO READ AS FOLLOWS
3263+21 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) The department of local
3264+22 government finance shall certify the tax rates and tax levies for all
3265+23 funds of political subdivisions subject to the department of local
3266+24 government finance's review.
3267+25 (b) For a fund of a political subdivision subject to levy limits under
3268+26 IC 6-1.1-18.5-3, the department of local government finance shall
3269+27 calculate and certify the allowable budget of the fund if the political
3270+28 subdivision adopts a tax levy that exceeds the estimated maximum levy
3271+29 limits as provided by the department of local government finance under
3272+30 IC 6-1.1-18.5-24.
3273+31 (c) For a fund of a political subdivision subject to levy limits under
3274+32 IC 6-1.1-18.5-3 and for which the political subdivision adopts a tax
3275+33 levy that is not more than the levy limits under IC 6-1.1-18.5-3, the
3276+34 department of local government finance shall review the fund to ensure
3277+35 the adopted budget is fundable based on the unit's adopted tax levy and
3278+36 estimates of available revenues. If the adopted budget is fundable, the
3279+37 department of local government finance shall use the adopted budget
3280+38 as the approved appropriation for the fund for the budget year. As
3281+39 needed, the political subdivision may complete the additional
3282+40 appropriation process through IC 6-1.1-18-5 for these funds during the
3283+41 budget year.
3284+42 (d) For a fund of the political subdivision subject to levy limits
3285+ES 1—LS 7244/DI 120 74
3286+1 under IC 6-1.1-18.5-3 and for which the political subdivision adopts a
3287+2 tax levy that is not more than the levy limits under IC 6-1.1-18.5-3, if
3288+3 the department of local government finance has determined the adopted
3289+4 budget is not fundable based on the unit's adopted tax levy and
3290+5 estimates of available revenues, the department of local government
3291+6 finance shall calculate and certify the allowable budget that is fundable
3292+7 based on the adopted tax levy and the department's estimates of
3293+8 available revenues.
3294+9 (e) For all other funds of a political subdivision not described in
3295+10 subsections (b), (c), and (d), the department of local government
3296+11 finance shall certify a budget for the fund.
3297+12 (f) Except as provided in section 16.1 of this chapter, the department
3298+13 of local government finance is not required to hold a public hearing
3299+14 before the department of local government finance reviews, revises,
3300+15 reduces, or increases a political subdivision's budget by fund, tax rate,
3301+16 or tax levy under this section.
3302+17 (g) Except as provided in subsection (l), IC 20-46, or IC 6-1.1-18.5,
3303+18 the department of local government finance may not increase a political
3304+19 subdivision's budget by fund, tax rate, or tax levy to an amount which
3305+20 exceeds the amount originally fixed by the political subdivision.
3306+21 However, if the department of local government finance determines
3307+22 that IC 5-3-1-2.3(b) applies to the tax rate, tax levy, or budget of the
3308+23 political subdivision, the maximum amount by which the department
3309+24 may increase the tax rate, tax levy, or budget is the amount originally
3310+25 fixed by the political subdivision, and not the amount that was
3311+26 incorrectly published or omitted in the notice described in
3312+27 IC 5-3-1-2.3(b). The department of local government finance shall give
3313+28 the political subdivision notification electronically in the manner
3314+29 prescribed by the department of local government finance specifying
3315+30 any revision, reduction, or increase the department proposes in a
3316+31 political subdivision's tax levy or tax rate. The political subdivision has
3317+32 ten (10) calendar days from the date the political subdivision receives
3318+33 the notice to provide a response electronically in the manner prescribed
3319+34 by the department of local government finance. The response may
3320+35 include budget reductions, reallocation of levies, a revision in the
3321+36 amount of miscellaneous revenues, and further review of any other
3322+37 item about which, in the view of the political subdivision, the
3323+38 department is in error. The department of local government finance
3324+39 shall consider the adjustments as specified in the political subdivision's
3325+40 response if the response is provided as required by this subsection and
3326+41 shall deliver a final decision to the political subdivision. The
3327+42 department of local government finance may not consider any
3328+ES 1—LS 7244/DI 120 75
3329+1 adjustments that are suggested by the political subdivision after the
3330+2 expiration of the ten (10) day period allowed for the political
3331+3 subdivision's response.
3332+4 (h) The department of local government finance may not approve a
3333+5 levy for lease payments by a city, town, county, library, or school
3334+6 corporation if the lease payments are payable to a building corporation
3335+7 for use by the building corporation for debt service on bonds and if:
3336+8 (1) no bonds of the building corporation are outstanding; or
3337+9 (2) the building corporation has enough legally available funds on
3338+10 hand to redeem all outstanding bonds payable from the particular
3339+11 lease rental levy requested.
3340+12 (i) The department of local government finance shall certify its
3341+13 action to:
3342+14 (1) the county auditor;
3343+15 (2) if the budget and levy of the political subdivision are being
3344+16 continued:
3345+17 (A) the state board of accounts;
3346+18 (B) the state comptroller; and
3347+19 (C) the department of state revenue;
3348+20 (3) the political subdivision if the department acts pursuant to an
3349+21 appeal initiated by the political subdivision; and
3350+22 (4) a taxpayer that owns property that represents at least ten
3351+23 percent (10%) of the taxable assessed valuation in the political
3352+24 subdivision.
3353+25 (j) The following may petition for judicial review of the final
3354+26 determination of the department of local government finance under
3355+27 subsection (i):
3356+28 (1) If the department acts under an appeal initiated by a political
3357+29 subdivision, the political subdivision.
3358+30 (2) A taxpayer that owns property that represents at least ten
3359+31 percent (10%) of the taxable assessed valuation in the political
3360+32 subdivision.
3361+33 The petition must be filed in the tax court not more than forty-five (45)
3362+34 days after the department certifies its action under subsection (i).
3363+35 (k) The department of local government finance is expressly
3364+36 directed to complete the duties assigned to it under this section as
3365+37 follows:
3366+38 (1) Not later than December 31 of the year preceding that budget
3367+39 year, unless subdivision (2) applies.
3368+40 (2) Not later than January 15 of the budget year if any of the
3369+41 following are true:
3370+42 (A) A taxing unit in a county intends to issue debt after
3371+ES 1—LS 7244/DI 120 76
3372+1 December 1 in the year preceding the budget year and has
3373+2 indicated its intent to issue debt after December 1 in the year
3374+3 preceding the budget year as specified in section 5 of this
3375+4 chapter.
3376+5 (B) A taxing unit intends to file a shortfall appeal under
3377+6 IC 6-1.1-18.5-16 and has indicated its intent to file a shortfall
3378+7 appeal as specified in section 5 of this chapter.
3379+8 (C) The deadline for a city in the county to fix the budget, tax
3380+9 rate, and tax levy has been extended, in accordance with
3381+10 section 5.2 of this chapter, due to the executive's veto of the
3382+11 ordinance fixing the budget, tax rate, and tax levy.
3383+12 (l) Subject to the provisions of all applicable statutes, and
3384+13 notwithstanding IC 6-1.1-18-1, the department of local government
3385+14 finance shall, unless the department finds extenuating circumstances,
3386+15 increase a political subdivision's tax levy to an amount that exceeds the
3387+16 amount originally advertised or adopted by the political subdivision if:
3388+17 (1) the increase is requested in writing by the officers of the
3389+18 political subdivision;
3390+19 (2) the request includes:
3391+20 (A) the corrected budget, tax rate, or levy, as applicable; and
3392+21 (B) the time and place of the meeting described in subdivision
3393+22 (4);
3394+23 (3) the political subdivision publishes the requested increase on
3395+24 the department's advertising website;
3396+25 (4) the political subdivision adopts the needed changes to its
3397+26 budget, tax levy, or rate in a public meeting of the governing
3398+27 body; and
3399+28 (5) notice is given to the county fiscal body of the department's
3400+29 correction.
3401+30 The political subdivision shall publish notice of the meeting described
3402+31 in subdivision (4) on the Indiana transparency website in the manner
3403+32 prescribed by the department not later than forty-eight (48) hours
3404+33 (excluding weekends and holidays) before the meeting. If the
3405+34 department increases a levy beyond what was advertised or adopted
3406+35 under this subsection, it shall, unless the department finds extenuating
3407+36 circumstances, reduce the certified levy affected below the maximum
3408+37 allowable levy by the lesser of five percent (5%) of the difference
3409+38 between the advertised or adopted levy and the increased levy, or one
3410+39 hundred thousand dollars ($100,000).
3411+40 (m) If the department of local government finance has
3412+41 determined that the proposed tax levy for a political subdivision's
3413+42 budget exceeds the permissible tax levy for the political subdivision
3414+ES 1—LS 7244/DI 120 77
3415+1 under section 23 of this chapter, the department of local
3416+2 government finance shall calculate and certify the allowable tax
3417+3 levy and tax rate for the political subdivision based on the
3418+4 provisions in section 23 of this chapter.
3419+5 SECTION 57. IC 6-1.1-17-17, AS AMENDED BY P.L.146-2008,
3420+6 SECTION 161, IS AMENDED TO READ AS FOLLOWS
3421+7 [EFFECTIVE JULY 1, 2025]: Sec. 17. Subject to the limitations
3422+8 contained in IC 6-1.1-18.5 and IC 20-46, and notwithstanding section
3423+9 23 of this chapter, the department of local government finance may at
3424+10 any time increase the tax rate and tax levy of a political subdivision for
3425+11 the following reasons:
3426+12 (1) To pay the principal or interest upon a funding, refunding, or
3427+13 judgment funding obligation of a political subdivision.
3428+14 (2) To pay the interest or principal upon an outstanding obligation
3429+15 of the political subdivision.
3430+16 (3) To pay a judgment rendered against the political subdivision.
3431+17 (4) To pay lease rentals that have become an obligation of the
3432+18 political subdivision under IC 20-47-2 or IC 20-47-3.
3433+19 SECTION 58. IC 6-1.1-17-23 IS ADDED TO THE INDIANA
3434+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
3435+21 [EFFECTIVE JULY 1, 2025]: Sec. 23. (a) This section applies
3436+22 beginning after December 31, 2028, to the formulation and
3437+23 adoption of a budget, tax rate, and tax levy under this chapter.
3438+24 (b) Notwithstanding any growth in a political subdivision's
3439+25 assessed value in the previous year, the ad valorem property tax
3440+26 levy for the budget of a political subdivision shall not exceed the ad
3441+27 valorem property tax levy for its last preceding annual budget,
3442+28 except as provided in subsections (c) and (d).
3443+29 (c) The fiscal body of a political subdivision may by ordinance
3444+30 authorize the proper officers of the political subdivision to
3445+31 formulate and submit a budget, tax rate, and tax levy under section
3446+32 3 of this chapter that exceeds the ad valorem property tax levy
3447+33 restriction in subsection (b), subject to all other limits under this
3448+34 article, if the following conditions are met:
3449+35 (1) The fiscal body of the political subdivision must hold a
3450+36 public hearing at which the only item on the agenda is the
3451+37 proposal to adopt an ordinance under this subsection. The
3452+38 hearing shall be conducted in accordance with IC 5-14-1.5,
3453+39 and notice of the hearing shall be published in accordance
3454+40 with IC 5-3-1.
3455+41 (2) After conducting a public hearing under subdivision (1)
3456+42 and subject to subdivision (3), the fiscal body of the political
3457+ES 1—LS 7244/DI 120 78
3458+1 subdivision may adopt an ordinance under this subsection,
3459+2 which must contain:
3460+3 (A) a general statement of the reasons for the tax levy and
3461+4 tax rate increase;
3462+5 (B) the dollar amount of the tax levy increase; and
3463+6 (C) the percentage increase in the tax rate from the
3464+7 previous year.
3465+8 (3) An ordinance may not be adopted under this section after
3466+9 the date that is fifteen (15) days before the public hearing
3467+10 under section 3 of this chapter.
3468+11 (d) If an ordinance is adopted by the fiscal body of a political
3469+12 subdivision under subsection (c), the limitation in subsection (b)
3470+13 shall not apply and instead the ad valorem property tax levy for
3471+14 the budget of the political subdivision shall not exceed the sum of:
3472+15 (1) the ad valorem property tax levy for the political
3473+16 subdivision's last preceding annual budget; plus
3474+17 (2) the additional ad valorem property tax levy authorized in
3475+18 the ordinance adopted by the fiscal body under subsection (c);
3476+19 subject to all other limits under this article.
3477+20 (e) The provisions of this section shall be applied to decrease the
3478+21 tax rate of each political subdivision in which there was an increase
3479+22 in the political subdivision's assessed value in the previous year,
3480+23 subject to subsections (c) and (d).
3481+24 SECTION 59. IC 6-1.1-18.5-2, AS AMENDED BY P.L.239-2023,
3482+25 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3483+26 UPON PASSAGE]: Sec. 2. (a) As used in this section, "Indiana
3484+27 nonfarm personal income" means the estimate of total nonfarm
3485+28 personal income for Indiana in a calendar year as computed by the
3486+29 federal Bureau of Economic Analysis using any actual data for the
3487+30 calendar year and any estimated data determined appropriate by the
3488+31 federal Bureau of Economic Analysis.
3489+32 (b) Except as provided in subsections (c) and (e), for purposes of
3490+33 determining a civil taxing unit's maximum permissible ad valorem
3491+34 property tax levy for an ensuing calendar year, the civil taxing unit
3492+35 shall use the maximum levy growth quotient determined in the last
3493+36 STEP of the following STEPS:
3494+37 STEP ONE: For each of the six (6) calendar years immediately
3495+38 preceding the year in which a budget is adopted under
3496+39 IC 6-1.1-17-5 for the ensuing calendar year, divide the Indiana
3497+40 nonfarm personal income for the calendar year by the Indiana
3498+41 nonfarm personal income for the calendar year immediately
3499+42 preceding that calendar year, rounding to the nearest
3500+ES 1—LS 7244/DI 120 79
3501+1 one-thousandth (0.001).
3502+2 STEP TWO: Determine the sum of the STEP ONE results.
3503+3 STEP THREE: Divide the STEP TWO result by six (6), rounding
3504+4 to the nearest one-thousandth (0.001).
3505+5 STEP FOUR: Determine the lesser of the following:
3506+6 (A) The STEP THREE quotient.
3507+7 (B) One and six-hundredths (1.06).
3508+8 (c) Except as provided in subsection (f), a school corporation shall
3509+9 use for its operations fund maximum levy calculation under
3510+10 IC 20-46-8-1 the maximum levy growth quotient determined in the last
3511+11 STEP of the following STEPS:
3512+12 STEP ONE: Determine for each school corporation, the average
3513+13 annual growth in net assessed value using the three (3) calendar
3514+14 years immediately preceding the year in which a budget is
3515+15 adopted under IC 6-1.1-17-5 for the ensuing calendar year.
3516+16 STEP TWO: Determine the greater of:
3517+17 (A) zero (0); or
3518+18 (B) the STEP ONE amount minus the sum of:
3519+19 (i) the maximum levy growth quotient determined under
3520+20 subsection (b) minus one (1); plus
3521+21 (ii) two-hundredths (0.02).
3522+22 STEP THREE: Determine the lesser of:
3523+23 (A) the STEP TWO amount; or
3524+24 (B) four-hundredths (0.04).
3525+25 STEP FOUR: Determine the sum of:
3526+26 (A) the STEP THREE amount; plus
3527+27 (B) the maximum levy growth quotient determined under
3528+28 subsection (b).
3529+29 STEP FIVE: Determine the greater of:
3530+30 (A) the STEP FOUR amount; or
3531+31 (B) the maximum levy growth quotient determined under
3532+32 subsection (b).
3533+33 (d) The budget agency shall provide the maximum levy growth
3534+34 quotient for the ensuing year to civil taxing units, school corporations,
3535+35 and the department of local government finance before July 1 of each
3536+36 year.
3537+37 (e) This subsection applies only for purposes of determining the
3538+38 maximum levy growth quotient to be used in determining a civil taxing
3539+39 unit's maximum permissible ad valorem property tax levy in calendar
3540+40 years 2024, and 2025, and 2026. For purposes of determining the
3541+41 maximum levy growth quotient in calendar years 2024, and 2025, and
3542+42 2026, instead of the result determined in the last STEP in subsection
3543+ES 1—LS 7244/DI 120 80
3544+1 (b), the maximum levy growth quotient is determined in the last STEP
3545+2 of the following STEPS:
3546+3 STEP ONE: Determine the result of STEP FOUR of subsection
3547+4 (b), calculated as if this subsection was not in effect.
3548+5 STEP TWO: Subtract one (1) from the STEP ONE result.
3549+6 STEP THREE: Multiply the STEP TWO result by eight-tenths
3550+7 (0.8).
3551+8 STEP FOUR: Add one (1) to the STEP THREE result.
3552+9 STEP FIVE: Determine the lesser of:
3553+10 (A) the STEP FOUR result; or
3554+11 (B) one and four-hundredths (1.04).
3555+12 (f) This subsection applies only for purposes of determining the
3556+13 maximum levy growth quotient to be used in determining a school
3557+14 corporation's operations fund maximum levy in calendar years 2024,
3558+15 and 2025, and 2026. For purposes of determining the maximum levy
3559+16 growth quotient in calendar years 2024, and 2025, and 2026, instead
3560+17 of the result determined in the last STEP in subsection (c), the
3561+18 maximum levy growth quotient is determined in the last STEP of the
3562+19 following STEPS:
3563+20 STEP ONE: Determine the result of STEP FIVE of subsection (c),
3564+21 calculated as if this subsection was not in effect.
3565+22 STEP TWO: Subtract one (1) from the STEP ONE result.
3566+23 STEP THREE: Multiply the STEP TWO result by eight-tenths
3567+24 (0.8).
3568+25 STEP FOUR: Add one (1) to the STEP THREE result.
3569+26 STEP FIVE: Determine the lesser of:
3570+27 (A) the STEP FOUR result; or
3571+28 (B) one and four-hundredths (1.04).
3572+29 SECTION 60. IC 6-1.1-18.5-3, AS AMENDED BY P.L.247-2017,
3573+30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3574+31 JANUARY 1, 2028]: Sec. 3. (a) A civil taxing unit may not impose an
3575+32 ad valorem property tax levy for an ensuing calendar year that exceeds
3576+33 the amount determined in the last STEP of the following STEPS:
3577+34 STEP ONE: Determine the civil taxing unit's maximum
3578+35 permissible ad valorem property tax levy for the preceding
3579+36 calendar year.
3580+37 STEP TWO: Multiply the amount determined in STEP ONE by
3581+38 the amount determined in the last STEP of section 2(b) of this
3582+39 chapter.
3583+40 STEP THREE: Determine the lesser of one and fifteen hundredths
3584+41 (1.15) or the quotient (rounded to the nearest ten-thousandth
3585+42 (0.0001)), of the assessed value of all taxable property subject to
3586+ES 1—LS 7244/DI 120 81
3587+1 the civil taxing unit's ad valorem property tax levy for the ensuing
3588+2 calendar year, divided by the assessed value of all taxable
3589+3 property that is subject to the civil taxing unit's ad valorem
3590+4 property tax levy for the ensuing calendar year and that is
3591+5 contained within the geographic area that was subject to the civil
3592+6 taxing unit's ad valorem property tax levy in the preceding
3593+7 calendar year.
3594+8 STEP FOUR: Determine the greater of the amount determined in
3595+9 STEP THREE or one (1).
3596+10 STEP FIVE: Multiply the amount determined in STEP TWO by
3597+11 the amount determined in STEP FOUR.
3598+12 STEP SIX: Add the amount determined under STEP TWO to the
3599+13 amount of an excessive levy appeal granted under section 13 of
3600+14 this chapter for the ensuing calendar year.
3601+15 STEP SEVEN: Determine the greater of STEP FIVE or STEP
3602+16 SIX.
3603+17 (b) This subsection applies only to a civil taxing unit that is located
3604+18 in a county that is covered by IC 6-3.6-11-1. For purposes of subsection
3605+19 (a), revenue under IC 6-3.6-6 that is applied for purposes of a levy
3606+20 freeze shall not be included in the amount determined under STEP
3607+21 ONE of subsection (a) for the civil taxing unit. Notwithstanding any
3608+22 provision in this section, any other section of this chapter, or
3609+23 IC 12-20-21-3.2, and except as provided in subsection (c), if the
3610+24 adopting body has adopted a resolution specifying that any increase in
3611+25 the maximum levy is to be funded using local income tax revenue, the
3612+26 maximum permissible ad valorem property tax levy calculated under
3613+27 this section for the ensuing calendar year for the civil taxing unit is
3614+28 equal to the civil taxing unit's maximum permissible ad valorem
3615+29 property tax levy for the current calendar year. If the adopting body has
3616+30 adopted a resolution specifying that any increase in the maximum levy
3617+31 is not to be funded using local income tax revenue, the maximum
3618+32 permissible ad valorem property tax levy for the civil taxing unit is
3619+33 equal to the civil taxing unit's maximum permissible ad valorem
3620+34 property tax levy calculated under this section for the ensuing calendar
3621+35 year.
3622+36 (c) In the case of a civil taxing unit that:
3623+37 (1) is partially located in a county that is covered by
3624+38 IC 6-3.6-11-1; and
3625+39 (2) is partially located in a county that is not described in
3626+40 subdivision (1);
3627+41 the department of local government finance shall, notwithstanding
3628+42 subsection (b), adjust the portion of the civil taxing unit's maximum
3629+ES 1—LS 7244/DI 120 82
3630+1 permissible ad valorem property tax levy that is attributable (as
3631+2 determined by the department of local government finance) to the
3632+3 county or counties described in subdivision (2). The department of
3633+4 local government finance shall adjust this portion of the civil taxing
3634+5 unit's maximum permissible ad valorem property tax levy so that,
3635+6 notwithstanding subsection (b), this portion is allowed to increase as
3636+7 otherwise provided in this section. If the department of local
3637+8 government finance increases the civil taxing unit's maximum
3638+9 permissible ad valorem property tax levy under this subsection, any
3639+10 additional property taxes imposed by the civil taxing unit under the
3640+11 adjustment shall be paid only by the taxpayers in the county or counties
3641+12 described in subdivision (2).
3642+13 (b) In the case of a county that was covered by IC 6-3.6-11-1
3643+14 (before its repeal), the maximum permissible property tax levy for
3644+15 the civil taxing unit under STEP ONE of subsection (a) shall be
3645+16 increased to the extent and in the amount that revenue from a levy
3646+17 freeze was applied to adjust the civil taxing unit's maximum
3647+18 permissible property tax levy in the tax year immediately
3648+19 preceding the repeal of IC 6-3.6-11-1. The increase shall apply to
3649+20 each tax year after the repeal. Notwithstanding any other provision
3650+21 of law, if a county has a stabilization fund, the county may use
3651+22 money from that fund for operations of the county in lieu of levy
3652+23 increases pursuant to this subsection. A county to which this
3653+24 subsection applies shall adopt a plan to phase in a multi-year
3654+25 gradual spend down of money in its stabilization fund or other
3655+26 available funds over a specified number of years that allows for the
3656+27 gradual increase of the county's levy in combination with money
3657+28 from its stabilization fund.
3658+29 SECTION 61. IC 6-1.1-18.5-12, AS AMENDED BY P.L.156-2024,
3659+30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3660+31 JANUARY 1, 2026]: Sec. 12. (a) Any civil taxing unit that incurs
3661+32 increased costs resulting from annexation, a natural disaster, an
3662+33 accident, or another unanticipated emergency, and determines that
3663+34 it cannot carry out its governmental functions for an ensuing calendar
3664+35 year under the levy limitations imposed by section 3 or 25 of this
3665+36 chapter, as applicable, may, subject to subsections (h) and (i):
3666+37 (1) before October 20 of the calendar year immediately preceding
3667+38 the ensuing calendar year; or
3668+39 (2) in the case of a request described in section 16 of this chapter,
3669+40 before December 31 of the calendar year immediately preceding
3670+41 the ensuing calendar year;
3671+42 appeal to the department of local government finance for relief from
3672+ES 1—LS 7244/DI 120 83
3673+1 those levy limitations. In the appeal the civil taxing unit must state that
3674+2 it will be unable to carry out the governmental functions committed to
3675+3 it by law unless it is given the authority that it is petitioning for. The
3676+4 civil taxing unit must support these allegations by reasonably detailed
3677+5 statements of fact.
3678+6 (b) The department of local government finance shall immediately
3679+7 proceed to the examination and consideration of the merits of the civil
3680+8 taxing unit's appeal.
3681+9 (c) In considering an appeal, the department of local government
3682+10 finance has the power to conduct hearings, require any officer or
3683+11 member of the appealing civil taxing unit to appear before it, or require
3684+12 any officer or member of the appealing civil taxing unit to provide the
3685+13 department with any relevant records or books.
3686+14 (d) If an officer or member:
3687+15 (1) fails to appear at a hearing after having been given written
3688+16 notice requiring that person's attendance; or
3689+17 (2) fails to produce the books and records that the department by
3690+18 written notice required the officer or member to produce;
3691+19 then the department may file an affidavit in the circuit court, superior
3692+20 court, or probate court in the jurisdiction in which the officer or
3693+21 member may be found setting forth the facts of the failure.
3694+22 (e) Upon the filing of an affidavit under subsection (d), the court
3695+23 shall promptly issue a summons, and the sheriff of the county within
3696+24 which the court is sitting shall serve the summons. The summons must
3697+25 command the officer or member to appear before the department to
3698+26 provide information to the department or to produce books and records
3699+27 for the department's use, as the case may be. Disobedience of the
3700+28 summons constitutes, and is punishable as, a contempt of the court that
3701+29 issued the summons.
3702+30 (f) All expenses incident to the filing of an affidavit under
3703+31 subsection (d) and the issuance and service of a summons shall be
3704+32 charged to the officer or member against whom the summons is issued,
3705+33 unless the court finds that the officer or member was acting in good
3706+34 faith and with reasonable cause. If the court finds that the officer or
3707+35 member was acting in good faith and with reasonable cause or if an
3708+36 affidavit is filed and no summons is issued, the expenses shall be
3709+37 charged against the county in which the affidavit was filed and shall be
3710+38 allowed by the proper fiscal officers of that county.
3711+39 (g) The fiscal officer of a civil taxing unit that appeals under section
3712+40 16 of this chapter for relief from levy limitations shall immediately file
3713+41 a copy of the appeal petition with the county auditor and the county
3714+42 treasurer of the county in which the unit is located.
3715+ES 1—LS 7244/DI 120 84
3716+1 (h) This subsection applies to a civil taxing unit whose budget for
3717+2 the upcoming year is subject to review by a fiscal body under:
3718+3 (1) IC 6-1.1-17-20;
3719+4 (2) IC 6-1.1-17-20.3; or
3720+5 (3) IC 6-1.1-17-20.4.
3721+6 A civil taxing unit described in this subsection may not submit an
3722+7 appeal under this section unless the civil taxing unit receives approval
3723+8 from the appropriate fiscal body to submit the appeal.
3724+9 (i) A participating unit of a fire protection territory may not submit
3725+10 an appeal under this section unless each participating unit of the fire
3726+11 protection territory has adopted a resolution approving submission of
3727+12 the appeal.
3728+13 SECTION 62. IC 6-1.1-18.5-13, AS AMENDED BY P.L.174-2022,
3729+14 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3730+15 JANUARY 1, 2026]: Sec. 13. (a) With respect to an appeal filed under
3731+16 section 12 of this chapter, the department may find that a civil taxing
3732+17 unit should receive any one (1) or more of the following types of the
3733+18 following relief:
3734+19 (1) Permission to the civil taxing unit to increase its levy in excess
3735+20 of the limitations established under section 3 or 25 of this chapter,
3736+21 as applicable, if in the judgment of the department the increase is
3737+22 reasonably necessary due to increased costs of the civil taxing
3738+23 unit resulting from annexation. consolidation, or other extensions
3739+24 of governmental services by the civil taxing unit to additional
3740+25 geographic areas. With respect to annexation, consolidation, or
3741+26 other extensions of governmental services in a calendar year, If
3742+27 those increased costs are incurred by the civil taxing unit in that
3743+28 calendar year and more than one (1) immediately succeeding
3744+29 calendar year, the unit may appeal under section 12 of this chapter
3745+30 for permission to increase its levy under this subdivision based on
3746+31 those increased costs in any of the following:
3747+32 (A) The first calendar year in which those costs are incurred.
3748+33 (B) One (1) or more of the immediately succeeding four (4)
3749+34 calendar years.
3750+35 (2) Permission to the civil taxing unit to increase its levy in excess
3751+36 of the limitations established under section 3 or 25 of this chapter,
3752+37 as applicable, if the department finds that the quotient determined
3753+38 under STEP SIX of the following formula is equal to or greater
3754+39 than one and two-hundredths (1.02):
3755+40 STEP ONE: Determine the three (3) calendar years that most
3756+41 immediately precede the ensuing calendar year.
3757+42 STEP TWO: Compute separately, for each of the calendar
3758+ES 1—LS 7244/DI 120 85
3759+1 years determined in STEP ONE, the quotient (rounded to the
3760+2 nearest ten-thousandth (0.0001)) of the sum of the civil taxing
3761+3 unit's total assessed value of all taxable property divided by the
3762+4 sum determined under this STEP for the calendar year
3763+5 immediately preceding the particular calendar year.
3764+6 STEP THREE: Divide the sum of the three (3) quotients
3765+7 computed in STEP TWO by three (3).
3766+8 STEP FOUR: Compute separately, for each of the calendar
3767+9 years determined in STEP ONE, the quotient (rounded to the
3768+10 nearest ten-thousandth (0.0001)) of the sum of the total
3769+11 assessed value of all taxable property in all counties divided by
3770+12 the sum determined under this STEP for the calendar year
3771+13 immediately preceding the particular calendar year.
3772+14 STEP FIVE: Divide the sum of the three (3) quotients
3773+15 computed in STEP FOUR by three (3).
3774+16 STEP SIX: Divide the STEP THREE amount by the STEP
3775+17 FIVE amount.
3776+18 The civil taxing unit may increase its levy by a percentage not
3777+19 greater than the percentage by which the STEP THREE amount
3778+20 exceeds the percentage by which the civil taxing unit may
3779+21 increase its levy under section 3 or 25 of this chapter, as
3780+22 applicable, based on the maximum levy growth quotient
3781+23 determined under section 2 of this chapter.
3782+24 (3) (2) A levy increase may be granted under this subdivision only
3783+25 for property taxes first due and payable after December 31, 2008.
3784+26 Permission to a civil taxing unit to increase its levy in excess of
3785+27 the limitations established under section 3 or 25 of this chapter,
3786+28 as applicable, if the department determines that the civil taxing
3787+29 unit cannot carry out its governmental functions for an ensuing
3788+30 calendar year under the levy limitations imposed by section 3 or
3789+31 25 of this chapter, as applicable, due to a natural disaster, an
3790+32 accident, or another unanticipated emergency.
3791+33 (b) The department of local government finance shall increase the
3792+34 maximum permissible ad valorem property tax levy under section 3 of
3793+35 this chapter for the city of Goshen for 2012 and thereafter by an
3794+36 amount equal to the greater of zero (0) or the result of:
3795+37 (1) the city's total pension costs in 2009 for the 1925 police
3796+38 pension fund (IC 36-8-6) and the 1937 firefighters' pension fund
3797+39 (IC 36-8-7); minus
3798+40 (2) the sum of:
3799+41 (A) the total amount of state funds received in 2009 by the city
3800+42 and used to pay benefits to members of the 1925 police
3801+ES 1—LS 7244/DI 120 86
3802+1 pension fund (IC 36-8-6) or the 1937 firefighters' pension fund
3803+2 (IC 36-8-7); plus
3804+3 (B) any previous permanent increases to the city's levy that
3805+4 were authorized to account for the transfer to the state of the
3806+5 responsibility to pay benefits to members of the 1925 police
3807+6 pension fund (IC 36-8-6) and the 1937 firefighters' pension
3808+7 fund (IC 36-8-7).
3809+8 SECTION 63. IC 6-1.1-18.5-19 IS AMENDED TO READ AS
3810+9 FOLLOWS [EFFECTIVE JANUARY 1, 2028]: Sec. 19. (a) If a
3811+10 township levied an ad valorem property tax levy for a township
3812+11 firefighting fund under IC 36-8-13-4 for calendar year 1989, the
3813+12 maximum permissible ad valorem property tax levy that will apply to
3814+13 the township's firefighting fund under section 3 of this chapter for
3815+14 calendar year 1990 is the amount determined in STEP FIVE of the
3816+15 following STEPS:
3817+16 STEP ONE: Determine the part of the township's ad valorem
3818+17 property tax levy for calendar year 1989 that was dedicated to the
3819+18 township firefighting fund.
3820+19 STEP TWO: If the township incurred any loans or bonded
3821+20 indebtedness to pay for fire protection or emergency services
3822+21 during the period from January 1, 1987, through December 31,
3823+22 1989 (excluding loans or bonded indebtedness used to purchase
3824+23 firefighting apparatus or equipment or housing), determine the
3825+24 number of calendar years during that period in which the
3826+25 township incurred the loans or bonded indebtedness.
3827+26 STEP THREE: Calculate the quotient of:
3828+27 (A) the total amounts of loans or bonded indebtedness
3829+28 incurred by the township for fire protection and emergency
3830+29 services during the period from January 1, 1987, through
3831+30 December 31, 1989 (excluding loans or bonded indebtedness
3832+31 used to purchase firefighting apparatus or equipment or
3833+32 housing); divided by
3834+33 (B) the number determined in STEP TWO.
3835+34 STEP FOUR: Add the result determined in STEP ONE to the
3836+35 result determined in STEP THREE.
3837+36 STEP FIVE: Calculate the maximum ad valorem property tax levy
3838+37 that would result from making the calculations contained in
3839+38 section 3 of this chapter as those calculations apply to the
3840+39 township, using the result obtained in STEP FOUR for the civil
3841+40 taxing unit's maximum permissible ad valorem property tax levy
3842+41 for the preceding calendar year under section 3(a) or 3(b) of this
3843+42 chapter (as in effect at the time of the calculation), whichever
3844+ES 1—LS 7244/DI 120 87
3845+1 applies to the township.
3846+2 If the amount determined under this subsection is substantially lower
3847+3 than the township's normal expenditure patterns for fire protection and
3848+4 emergency services (excluding the expenditures for the purchase of
3849+5 firefighting apparatus or equipment or housing), the township may
3850+6 appeal to the local government tax control board for an increase in the
3851+7 1990 maximum permissible ad valorem property tax levy for its
3852+8 township firefighting fund. In considering the appeal, the local
3853+9 government tax control board shall consider other sources of revenue
3854+10 used by the township during calendar year 1989 to fund fire protection
3855+11 and emergency services that are also available for such funding in 1990
3856+12 and thereafter and the board shall also consider any other relevant
3857+13 factors.
3858+14 (b) If a township did not have a township firefighting fund under
3859+15 IC 36-8-13-4 for calendar year 1989, but appropriated funds for fire
3860+16 protection or emergency services for that calendar year, the township's
3861+17 maximum ad valorem property tax levy that will apply to the township's
3862+18 firefighting fund under section 3 of this chapter for calendar year 1990
3863+19 is the amount determined in STEP FIVE of the following STEPS:
3864+20 STEP ONE: Determine the amount that the township appropriated
3865+21 from its general fund for fire protection and emergency services
3866+22 (excluding appropriations for the purchase of firefighting
3867+23 apparatus or equipment or housing).
3868+24 STEP TWO: If the township incurred any loans or bonded
3869+25 indebtedness to pay for fire protection or emergency services
3870+26 during the period from January 1, 1987, through December 31,
3871+27 1989 (excluding loans or bonded indebtedness used to purchase
3872+28 firefighting apparatus or equipment or housing), determine the
3873+29 number of calendar years during that period in which the
3874+30 township incurred the loans or bonded indebtedness.
3875+31 STEP THREE: Calculate the quotient of:
3876+32 (A) the total amounts of loans or bonded indebtedness
3877+33 incurred by the township for fire protection and emergency
3878+34 services during the period from January 1, 1987, through
3879+35 December 31, 1989 (excluding loans or bonded indebtedness
3880+36 used to purchase firefighting apparatus or equipment or
3881+37 housing); divided by
3882+38 (B) the number determined in STEP TWO.
3883+39 STEP FOUR: Add the result of STEP ONE to the result of STEP
3884+40 THREE.
3885+41 STEP FIVE: Calculate the maximum ad valorem property tax levy
3886+42 that would result from making the calculations contained in
3887+ES 1—LS 7244/DI 120 88
3888+1 section 3 of this chapter, as those calculations apply to the
3889+2 township, using the result obtained in STEP FOUR for the civil
3890+3 taxing unit's maximum permissible ad valorem property tax levy
3891+4 for the preceding calendar year under section 3(a) or 3(b) of this
3892+5 chapter (as in effect at the time of the calculation), whichever
3893+6 applies to the township.
3894+7 If the amount determined under this subsection is substantially lower
3895+8 than the township's normal expenditure patterns for fire protection and
3896+9 emergency services (excluding the expenditures for the purchase of
3897+10 firefighting apparatus or equipment or housing), the township may
3898+11 appeal to the local government tax control board for an increase in its
3899+12 1990 maximum permissible levy for its township firefighting fund. In
3900+13 considering the appeal, the local government tax control board shall
3901+14 consider other sources of revenue used by the township during calendar
3902+15 year 1989 to fund fire protection and emergency services that are also
3903+16 available for such funding in 1990 and thereafter and the board shall
3904+17 also consider any other relevant factors.
3905+18 (c) If for calendar year 1989:
3906+19 (1) a township had a township firefighting fund under
3907+20 IC 36-8-13-4 but did not have an ad valorem property tax levy for
3908+21 that fund; or
3909+22 (2) a township did not have a township firefighting fund and
3910+23 appropriated no money for fire protection or emergency services;
3911+24 the township's maximum permissible ad valorem property tax levy for
3912+25 its township firefighting fund shall be determined under section 7 of
3913+26 this chapter in the calendar year in which the township first establishes
3914+27 such a levy.
3915+28 SECTION 64. IC 6-1.1-18.5-25, AS AMENDED BY P.L.236-2023,
3916+29 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3917+30 JULY 1, 2025]: Sec. 25. (a) The ad valorem property tax levy limits
3918+31 imposed under section 3 of this chapter do not apply to a municipality
3919+32 in a year if all the following apply:
3920+33 (1) The percentage growth in the municipality's assessed value for
3921+34 the preceding year compared to the year before the preceding year
3922+35 is at least two (2) times the maximum levy growth quotient
3923+36 determined under section 2 of this chapter for the preceding year.
3924+37 (2) The municipality's population increased by at least one
3925+38 hundred fifty percent (150%) between the last two (2) decennial
3926+39 censuses. The computation of an increase of one hundred fifty
3927+40 percent (150%) under this subdivision shall be determined
3928+41 according to the last STEP of the following STEPS:
3929+42 STEP ONE: Determine the municipality's population as
3930+ES 1—LS 7244/DI 120 89
3931+1 tabulated following the first decennial census.
3932+2 STEP TWO: Determine the municipality's population as
3933+3 tabulated following the second decennial census.
3934+4 STEP THREE: Multiply the amount determined under STEP
3935+5 ONE by a factor of two and five-tenths (2.5).
3936+6 STEP FOUR: Determine whether the population determined
3937+7 under STEP TWO is greater than or equal to the STEP THREE
3938+8 product.
3939+9 (b) A municipality that meets all the requirements under subsection
3940+10 (a) may increase its ad valorem property tax levy in excess of the limits
3941+11 imposed under section 3 of this chapter by a percentage equal to the
3942+12 lesser of:
3943+13 (1) the percentage growth in the municipality's assessed value for
3944+14 the preceding year compared to the year before the preceding
3945+15 year; or
3946+16 (2) six percent (6%).
3947+17 (c) A municipality's maximum levy growth that results from either
3948+18 annexation or the pass through of assessed value from a tax increment
3949+19 financing district may not be included for the purposes of determining
3950+20 a municipality's maximum levy growth under this section.
3951+21 (d) This section applies to property tax levies imposed after
3952+22 December 31, 2016, and before January 1, 2026.
3953+23 (e) This section expires December 31, 2026.
3954+24 SECTION 65. IC 6-1.1-20-1.1, AS AMENDED BY P.L.136-2024,
3955+25 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3956+26 JULY 1, 2025]: Sec. 1.1. (a) As used in this chapter, "controlled
3957+27 project" means any project financed by bonds or a lease, except for the
3958+28 following:
3959+29 (1) A project for which the political subdivision reasonably
3960+30 expects to pay:
3961+31 (A) debt service; or
3962+32 (B) lease rentals;
3963+33 from funds other than property taxes that are exempt from the
3964+34 levy limitations of IC 6-1.1-18.5 or (before January 1, 2009)
3965+35 IC 20-45-3. A project is not a controlled project even though the
3966+36 political subdivision has pledged to levy property taxes to pay the
3967+37 debt service or lease rentals if those other funds are insufficient.
3968+38 (2) Subject to subsection (b), a project that will not cost the
3969+39 political subdivision more than the lesser of the following:
3970+40 (A) An amount equal to the following:
3971+41 (i) In the case of an ordinance or resolution adopted before
3972+42 January 1, 2018, making a preliminary determination to
3973+ES 1—LS 7244/DI 120 90
3974+1 issue bonds or enter into a lease for the project, two million
3975+2 dollars ($2,000,000).
3976+3 (ii) In the case of an ordinance or resolution adopted after
3977+4 December 31, 2017, and before January 1, 2019, making a
3978+5 preliminary determination to issue bonds or enter into a
3979+6 lease for the project, five million dollars ($5,000,000).
3980+7 (iii) In the case of an ordinance or resolution adopted in a
3981+8 calendar year after December 31, 2018, making a
3982+9 preliminary determination to issue bonds or enter into a
3983+10 lease for the project, an amount (as determined by the
3984+11 department of local government finance) equal to the result
3985+12 of the maximum levy growth quotient determined under
3986+13 IC 6-1.1-18.5-2 for the year multiplied by the amount
3987+14 determined under this clause for the preceding calendar
3988+15 year.
3989+16 The department of local government finance shall publish the
3990+17 threshold determined under item (iii) in the Indiana Register
3991+18 under IC 4-22-7-7 not more than sixty (60) days after the date
3992+19 the budget agency releases the maximum levy growth quotient
3993+20 for the ensuing year under IC 6-1.1-18.5-2.
3994+21 (B) An amount equal to the following:
3995+22 (i) One percent (1%) of the total gross assessed value of
3996+23 property within the political subdivision on the last
3997+24 assessment date, if that total gross assessed value is more
3998+25 than one hundred million dollars ($100,000,000).
3999+26 (ii) One million dollars ($1,000,000), if the total gross
4000+27 assessed value of property within the political subdivision
4001+28 on the last assessment date is not more than one hundred
4002+29 million dollars ($100,000,000).
4003+30 (3) A project that is being refinanced for the purpose of providing
4004+31 gross or net present value savings to taxpayers.
4005+32 (4) A project for which bonds were issued or leases were entered
4006+33 into before January 1, 1996, or where the state board of tax
4007+34 commissioners has approved the issuance of bonds or the
4008+35 execution of leases before January 1, 1996.
4009+36 (5) A project that:
4010+37 (A) is required by a court order holding that a federal law
4011+38 mandates the project; or
4012+39 (B) is in response to a court order holding that:
4013+40 (i) a federal law has been violated; and
4014+41 (ii) the project is to address the deficiency or violation.
4015+42 (6) A project that is in response to:
4016+ES 1—LS 7244/DI 120 91
4017+1 (A) a natural disaster;
4018+2 (B) an accident; or
4019+3 (C) an emergency;
4020+4 in the political subdivision that makes a building or facility
4021+5 unavailable for its intended use.
4022+6 (7) A project that was not a controlled project under this section
4023+7 as in effect on June 30, 2008, and for which:
4024+8 (A) the bonds or lease for the project were issued or entered
4025+9 into before July 1, 2008; or
4026+10 (B) the issuance of the bonds or the execution of the lease for
4027+11 the project was approved by the department of local
4028+12 government finance before July 1, 2008.
4029+13 (8) A project of the Little Calumet River basin development
4030+14 commission for which bonds are payable from special
4031+15 assessments collected under IC 14-13-2-18.6.
4032+16 (9) A project for engineering, land and right-of-way acquisition,
4033+17 construction, resurfacing, maintenance, restoration, and
4034+18 rehabilitation exclusively for or of:
4035+19 (A) local road and street systems, including bridges that are
4036+20 designated as being in a local road and street system;
4037+21 (B) arterial road and street systems, including bridges that are
4038+22 designated as being in an arterial road and street system; or
4039+23 (C) any combination of local and arterial road and street
4040+24 systems, including designated bridges.
4041+25 (b) This subsection does not apply to a project for which a public
4042+26 hearing to issue bonds or enter into a lease has been conducted under
4043+27 IC 20-26-7-37 before July 1, 2023, or to a project for which an
4044+28 ordinance or resolution making a preliminary determination to
4045+29 issue bonds or enter into a lease is adopted after June 30, 2025. If:
4046+30 (1) a political subdivision's total debt service tax rate is more than
4047+31 forty cents ($0.40) per one hundred dollars ($100) of assessed
4048+32 value; and
4049+33 (2) subsection (a)(1) and subsection (a)(3) through (a)(9) are not
4050+34 applicable;
4051+35 the term includes any project to be financed by bonds or a lease,
4052+36 including a project that does not otherwise meet the threshold amount
4053+37 provided in subsection (a)(2). This subsection expires December 31,
4054+38 2025. For purposes of this subsection, a political subdivision's total
4055+39 debt service tax rate does not include a tax rate imposed in a
4056+40 referendum debt service tax levy approved by voters.
4057+41 (c) This subsection applies to a project for which an ordinance
4058+42 or resolution making a preliminary determination to issue bonds
4059+ES 1—LS 7244/DI 120 92
4060+1 or enter into a lease is adopted after June 30, 2025. If subsection
4061+2 (a)(1) and subsection (a)(3) through (a)(9) are not applicable, the
4062+3 term includes any project to be financed by bonds or a lease,
4063+4 including a project that does not otherwise meet the threshold
4064+5 amount provided in subsection (a)(2), if:
4065+6 (1) in the case of a school corporation, the school
4066+7 corporation's total debt service tax rate is more than forty
4067+8 cents ($0.40) per one hundred dollars ($100) of assessed value;
4068+9 (2) in the case of a city, county, or town, the city's, county's, or
4069+10 town's total debt service tax rate is more than twenty-five
4070+11 cents ($0.25) per one hundred dollars ($100) of assessed value;
4071+12 or
4072+13 (3) in the case of a political subdivision not described in
4073+14 subdivision (1) or (2), the political subdivision's total debt
4074+15 service tax rate is more than five cents ($0.05) per one
4075+16 hundred dollars ($100) of assessed value.
4076+17 However, this subsection does not apply to a project for which a
4077+18 public hearing to issue bonds or enter into a lease has been
4078+19 conducted under IC 20-26-7-37 before July 1, 2025. For purposes
4079+20 of this subsection, a political subdivision's total debt service tax
4080+21 rate does not include a tax rate imposed in a referendum debt
4081+22 service tax levy approved by voters.
4082+23 SECTION 66. IC 6-1.1-20-3.1, AS AMENDED BY P.L.136-2024,
4083+24 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4084+25 JULY 1, 2025]: Sec. 3.1. (a) Subject to section 3.5(a)(1)(C) of this
4085+26 chapter, this section applies only to the following:
4086+27 (1) A controlled project (as defined in section 1.1 of this chapter
4087+28 as in effect June 30, 2008) for which the proper officers of a
4088+29 political subdivision make a preliminary determination in the
4089+30 manner described in subsection (b) before July 1, 2008.
4090+31 (2) An elementary school building, middle school building, high
4091+32 school building, or other school building for academic instruction
4092+33 that:
4093+34 (A) is a controlled project;
4094+35 (B) will be used for any combination of kindergarten through
4095+36 grade 12; and
4096+37 (C) will not cost more than the lesser of the following:
4097+38 (i) The threshold amount determined under this item. In the
4098+39 case of an ordinance or resolution adopted before January 1,
4099+40 2018, making a preliminary determination to issue bonds or
4100+41 enter into a lease for the project, the threshold amount is ten
4101+42 million dollars ($10,000,000). In the case of an ordinance or
4102+ES 1—LS 7244/DI 120 93
4103+1 resolution adopted after December 31, 2017, and before
4104+2 January 1, 2019, making a preliminary determination to
4105+3 issue bonds or enter into a lease for the project, the threshold
4106+4 amount is fifteen million dollars ($15,000,000). In the case
4107+5 of an ordinance or resolution adopted in a calendar year after
4108+6 December 31, 2018, making a preliminary determination to
4109+7 issue bonds or enter into a lease for the project, the threshold
4110+8 amount is an amount (as determined by the department of
4111+9 local government finance) equal to the result of the
4112+10 maximum levy growth quotient determined under
4113+11 IC 6-1.1-18.5-2 for the year multiplied by the threshold
4114+12 amount determined under this item for the preceding
4115+13 calendar year. In the case of a threshold amount determined
4116+14 under this item that applies for a calendar year after
4117+15 December 31, 2018, the department of local government
4118+16 finance shall publish the threshold in the Indiana Register
4119+17 under IC 4-22-7-7 not more than sixty (60) days after the
4120+18 date the budget agency releases the maximum levy growth
4121+19 quotient for the ensuing year under IC 6-1.1-18.5-2.
4122+20 (ii) An amount equal to one percent (1%) of the total gross
4123+21 assessed value of property within the political subdivision
4124+22 on the last assessment date, if that total gross assessed value
4125+23 is more than one billion dollars ($1,000,000,000), or ten
4126+24 million dollars ($10,000,000), if the total gross assessed
4127+25 value of property within the political subdivision on the last
4128+26 assessment date is not more than one billion dollars
4129+27 ($1,000,000,000).
4130+28 (3) Any other controlled project that:
4131+29 (A) is not a controlled project described in subdivision (1) or
4132+30 (2); and
4133+31 (B) will not cost the political subdivision more than the lesser
4134+32 of the following:
4135+33 (i) The threshold amount determined under this item. In the
4136+34 case of an ordinance or resolution adopted before January 1,
4137+35 2018, making a preliminary determination to issue bonds or
4138+36 enter into a lease for the project, the threshold amount is
4139+37 twelve million dollars ($12,000,000). In the case of an
4140+38 ordinance or resolution adopted after December 31, 2017,
4141+39 and before January 1, 2019, making a preliminary
4142+40 determination to issue bonds or enter into a lease for the
4143+41 project, the threshold amount is fifteen million dollars
4144+42 ($15,000,000). In the case of an ordinance or resolution
4145+ES 1—LS 7244/DI 120 94
4146+1 adopted in a calendar year after December 31, 2018, making
4147+2 a preliminary determination to issue bonds or enter into a
4148+3 lease for the project, the threshold amount is an amount (as
4149+4 determined by the department of local government finance)
4150+5 equal to the result of the maximum levy growth quotient
4151+6 determined under IC 6-1.1-18.5-2 for the year multiplied by
4152+7 the threshold amount determined under this item for the
4153+8 preceding calendar year. In the case of a threshold amount
4154+9 determined under this item that applies for a calendar year
4155+10 after December 31, 2018, the department of local
4156+11 government finance shall publish the threshold in the
4157+12 Indiana Register under IC 4-22-7-7 not more than sixty (60)
4158+13 days after the date the budget agency releases the maximum
4159+14 levy growth quotient for the ensuing year under
4160+15 IC 6-1.1-18.5-2.
4161+16 (ii) An amount equal to one percent (1%) of the total gross
4162+17 assessed value of property within the political subdivision
4163+18 on the last assessment date, if that total gross assessed value
4164+19 is more than one hundred million dollars ($100,000,000), or
4165+20 one million dollars ($1,000,000), if the total gross assessed
4166+21 value of property within the political subdivision on the last
4167+22 assessment date is not more than one hundred million
4168+23 dollars ($100,000,000).
4169+24 (4) A controlled project funded by debt service if the scope of the
4170+25 project changes from the purpose of the project initially
4171+26 advertised to taxpayers as determined under section 4.2(c) of this
4172+27 chapter.
4173+28 (5) This subdivision does not apply to a project for which a public
4174+29 hearing to issue bonds or enter into a lease has been conducted
4175+30 under IC 20-26-7-37 before July 1, 2023, or to a project for
4176+31 which an ordinance or resolution making a preliminary
4177+32 determination to issue bonds or enter into a lease is adopted
4178+33 after June 30, 2025. Any other controlled project if both of the
4179+34 following apply:
4180+35 (A) The political subdivision's total debt service tax rate is
4181+36 more than forty cents ($0.40) per one hundred dollars ($100)
4182+37 of assessed value, but less than eighty cents ($0.80) per one
4183+38 hundred dollars ($100) of assessed value.
4184+39 (B) The controlled project is not otherwise described in section
4185+40 3.5(a)(1) of this chapter.
4186+41 This subdivision expires December 31, 2025. For purposes of this
4187+42 subdivision, a political subdivision's total debt service tax rate
4188+ES 1—LS 7244/DI 120 95
4189+1 does not include a tax rate imposed in a referendum debt service
4190+2 levy approved by voters.
4191+3 (6) Any other controlled project if the following apply:
4192+4 (A) An ordinance or resolution making a preliminary
4193+5 determination to issue bonds or enter into a lease for the
4194+6 project is adopted after June 30, 2025.
4195+7 (B) The controlled project is not otherwise described in
4196+8 section 3.5(a)(1) of this chapter.
4197+9 (C) In the case of a:
4198+10 (i) school corporation, the school corporation's total debt
4199+11 service tax rate is more than forty cents ($0.40) per one
4200+12 hundred dollars ($100) of assessed value, but not more
4201+13 than seventy cents ($0.70) per one hundred dollars
4202+14 ($100) of assessed value;
4203+15 (ii) city, county, or town, the city's, county's, or town's
4204+16 total debt service tax rate is more than twenty-five cents
4205+17 ($0.25) per one hundred dollars ($100) of assessed value,
4206+18 but not more than forty cents ($0.40) per one hundred
4207+19 dollars ($100) of assessed value; or
4208+20 (iii) political subdivision not described in item (i) or (ii),
4209+21 the political subdivision's total debt service tax rate is
4210+22 more than five cents ($0.05) per one hundred dollars
4211+23 ($100) of assessed value, but not more than ten cents
4212+24 ($0.10) per one hundred dollars ($100) of assessed value.
4213+25 However, this subdivision does not apply to a project for
4214+26 which a public hearing to issue bonds or enter into a lease has
4215+27 been conducted under IC 20-26-7-37 before July 1, 2025. For
4216+28 purposes of this subdivision, a political subdivision's total debt
4217+29 service tax rate does not include a tax rate imposed in a
4218+30 referendum debt service tax levy approved by voters.
4219+31 (b) A political subdivision may not impose property taxes to pay
4220+32 debt service on bonds or lease rentals on a lease for a controlled project
4221+33 without completing the following procedures:
4222+34 (1) The proper officers of a political subdivision shall publish
4223+35 notice in accordance with IC 5-3-1 and send notice by first class
4224+36 mail to the circuit court clerk and to any organization that delivers
4225+37 to the officers, before January 1 of that year, an annual written
4226+38 request for such notices of any meeting to consider adoption of a
4227+39 resolution or an ordinance making a preliminary determination to
4228+40 issue bonds or enter into a lease and shall conduct at least two (2)
4229+41 public hearings on a preliminary determination before adoption
4230+42 of the resolution or ordinance. The political subdivision must at
4231+ES 1—LS 7244/DI 120 96
4232+1 each of the public hearings on the preliminary determination
4233+2 allow the public to testify regarding the preliminary determination
4234+3 and must make the following information available to the public
4235+4 at each of the public hearings on the preliminary determination,
4236+5 in addition to any other information required by law:
4237+6 (A) The result of the political subdivision's current and
4238+7 projected annual debt service payments divided by the net
4239+8 assessed value of taxable property within the political
4240+9 subdivision.
4241+10 (B) The result of:
4242+11 (i) the sum of the political subdivision's outstanding long
4243+12 term debt plus the outstanding long term debt of other taxing
4244+13 units that include any of the territory of the political
4245+14 subdivision; divided by
4246+15 (ii) the net assessed value of taxable property within the
4247+16 political subdivision.
4248+17 (C) The information specified in subdivision (3)(A) through
4249+18 (3)(H).
4250+19 (2) When the proper officers of a political subdivision make a
4251+20 preliminary determination to issue bonds or enter into a lease for
4252+21 a controlled project, the officers shall give notice of the
4253+22 preliminary determination by:
4254+23 (A) publication in accordance with IC 5-3-1; and
4255+24 (B) first class mail to the circuit court clerk and to the
4256+25 organizations described in subdivision (1).
4257+26 (3) A notice under subdivision (2) of the preliminary
4258+27 determination of the political subdivision to issue bonds or enter
4259+28 into a lease for a controlled project must include the following
4260+29 information:
4261+30 (A) The maximum term of the bonds or lease.
4262+31 (B) The maximum principal amount of the bonds or the
4263+32 maximum lease rental for the lease.
4264+33 (C) The estimated interest rates that will be paid and the total
4265+34 interest costs associated with the bonds or lease.
4266+35 (D) The purpose of the bonds or lease.
4267+36 (E) A statement that any owners of property within the
4268+37 political subdivision or registered voters residing within the
4269+38 political subdivision who want to initiate a petition and
4270+39 remonstrance process against the proposed debt service or
4271+40 lease payments must file a petition that complies with
4272+41 subdivisions (4) and (5) not later than thirty (30) days after
4273+42 publication in accordance with IC 5-3-1.
4274+ES 1—LS 7244/DI 120 97
4275+1 (F) With respect to bonds issued or a lease entered into to
4276+2 open:
4277+3 (i) a new school facility; or
4278+4 (ii) an existing facility that has not been used for at least
4279+5 three (3) years and that is being reopened to provide
4280+6 additional classroom space;
4281+7 the estimated costs the school corporation expects to incur
4282+8 annually to operate the facility.
4283+9 (G) A statement of whether the school corporation expects to
4284+10 appeal for a new facility adjustment (as defined in
4285+11 IC 20-45-1-16 (repealed) before January 1, 2009) for an
4286+12 increased maximum permissible tuition support levy to pay the
4287+13 estimated costs described in clause (F).
4288+14 (H) The following information:
4289+15 (i) The political subdivision's current debt service levy and
4290+16 rate.
4291+17 (ii) The estimated increase to the political subdivision's debt
4292+18 service levy and rate that will result if the political
4293+19 subdivision issues the bonds or enters into the lease.
4294+20 (iii) The estimated amount of the political subdivision's debt
4295+21 service levy and rate that will result during the following ten
4296+22 (10) years if the political subdivision issues the bonds or
4297+23 enters into the lease, after also considering any changes that
4298+24 will occur to the debt service levy and rate during that
4299+25 period on account of any outstanding bonds or lease
4300+26 obligations that will mature or terminate during that period.
4301+27 (I) The information specified in subdivision (1)(A) through
4302+28 (1)(B).
4303+29 (4) After notice is given, a petition requesting the application of
4304+30 a petition and remonstrance process may be filed by the lesser of:
4305+31 (A) five hundred (500) persons who are either owners of
4306+32 property within the political subdivision or registered voters
4307+33 residing within the political subdivision; or
4308+34 (B) five percent (5%) of the registered voters residing within
4309+35 the political subdivision.
4310+36 (5) The state board of accounts shall design and, upon request by
4311+37 the county voter registration office, deliver to the county voter
4312+38 registration office or the county voter registration office's
4313+39 designated printer the petition forms to be used solely in the
4314+40 petition process described in this section. The county voter
4315+41 registration office shall issue to an owner or owners of property
4316+42 within the political subdivision or a registered voter residing
4317+ES 1—LS 7244/DI 120 98
4318+1 within the political subdivision the number of petition forms
4319+2 requested by the owner or owners or the registered voter. Each
4320+3 form must be accompanied by instructions detailing the
4321+4 requirements that:
4322+5 (A) the carrier and signers must be owners of property or
4323+6 registered voters;
4324+7 (B) the carrier must be a signatory on at least one (1) petition;
4325+8 (C) after the signatures have been collected, the carrier must
4326+9 swear or affirm before a notary public that the carrier
4327+10 witnessed each signature; and
4328+11 (D) govern the closing date for the petition period.
4329+12 Persons requesting forms may be required to identify themselves
4330+13 as owners of property or registered voters and may be allowed to
4331+14 pick up additional copies to distribute to other owners of property
4332+15 or registered voters. Each person signing a petition must indicate
4333+16 whether the person is signing the petition as a registered voter
4334+17 within the political subdivision or is signing the petition as the
4335+18 owner of property within the political subdivision. A person who
4336+19 signs a petition as a registered voter must indicate the address at
4337+20 which the person is registered to vote. A person who signs a
4338+21 petition as an owner of property must indicate the address of the
4339+22 property owned by the person in the political subdivision.
4340+23 (6) Each petition must be verified under oath by at least one (1)
4341+24 qualified petitioner in a manner prescribed by the state board of
4342+25 accounts before the petition is filed with the county voter
4343+26 registration office under subdivision (7).
4344+27 (7) Each petition must be filed with the county voter registration
4345+28 office not more than thirty (30) days after publication under
4346+29 subdivision (2) of the notice of the preliminary determination.
4347+30 (8) The county voter registration office shall determine whether
4348+31 each person who signed the petition is a registered voter.
4349+32 However, after the county voter registration office has determined
4350+33 that at least five hundred twenty-five (525) persons who signed
4351+34 the petition are registered voters within the political subdivision,
4352+35 the county voter registration office is not required to verify
4353+36 whether the remaining persons who signed the petition are
4354+37 registered voters. If the county voter registration office does not
4355+38 determine that at least five hundred twenty-five (525) persons
4356+39 who signed the petition are registered voters, the county voter
4357+40 registration office shall, not more than fifteen (15) business days
4358+41 after receiving a petition, forward a copy of the petition to the
4359+42 county auditor. Not more than ten (10) business days after
4360+ES 1—LS 7244/DI 120 99
4361+1 receiving the copy of the petition, the county auditor shall provide
4362+2 to the county voter registration office a statement verifying:
4363+3 (A) whether a person who signed the petition as a registered
4364+4 voter but is not a registered voter, as determined by the county
4365+5 voter registration office, is the owner of property in the
4366+6 political subdivision; and
4367+7 (B) whether a person who signed the petition as an owner of
4368+8 property within the political subdivision does in fact own
4369+9 property within the political subdivision.
4370+10 (9) The county voter registration office, not more than ten (10)
4371+11 business days after determining that at least five hundred
4372+12 twenty-five (525) persons who signed the petition are registered
4373+13 voters or receiving the statement from the county auditor under
4374+14 subdivision (8), as applicable, shall make the final determination
4375+15 of the number of petitioners that are registered voters in the
4376+16 political subdivision and, based on the statement provided by the
4377+17 county auditor, the number of petitioners that own property within
4378+18 the political subdivision. Whenever the name of an individual
4379+19 who signs a petition form as a registered voter contains a minor
4380+20 variation from the name of the registered voter as set forth in the
4381+21 records of the county voter registration office, the signature is
4382+22 presumed to be valid, and there is a presumption that the
4383+23 individual is entitled to sign the petition under this section. Except
4384+24 as otherwise provided in this chapter, in determining whether an
4385+25 individual is a registered voter, the county voter registration office
4386+26 shall apply the requirements and procedures used under IC 3 to
4387+27 determine whether a person is a registered voter for purposes of
4388+28 voting in an election governed by IC 3. However, an individual is
4389+29 not required to comply with the provisions concerning providing
4390+30 proof of identification to be considered a registered voter for
4391+31 purposes of this chapter. A person is entitled to sign a petition
4392+32 only one (1) time in a particular petition and remonstrance
4393+33 process under this chapter, regardless of whether the person owns
4394+34 more than one (1) parcel of real property, mobile home assessed
4395+35 as personal property, or manufactured home assessed as personal
4396+36 property, or a combination of those types of property within the
4397+37 subdivision and regardless of whether the person is both a
4398+38 registered voter in the political subdivision and the owner of
4399+39 property within the political subdivision. Notwithstanding any
4400+40 other provision of this section, if a petition is presented to the
4401+41 county voter registration office within forty-five (45) days before
4402+42 an election, the county voter registration office may defer acting
4403+ES 1—LS 7244/DI 120 100
4404+1 on the petition, and the time requirements under this section for
4405+2 action by the county voter registration office do not begin to run
4406+3 until five (5) days after the date of the election.
4407+4 (10) The county voter registration office must file a certificate and
4408+5 each petition with:
4409+6 (A) the township trustee, if the political subdivision is a
4410+7 township, who shall present the petition or petitions to the
4411+8 township board; or
4412+9 (B) the body that has the authority to authorize the issuance of
4413+10 the bonds or the execution of a lease, if the political
4414+11 subdivision is not a township;
4415+12 within thirty-five (35) business days of the filing of the petition
4416+13 requesting a petition and remonstrance process. The certificate
4417+14 must state the number of petitioners that are owners of property
4418+15 within the political subdivision and the number of petitioners who
4419+16 are registered voters residing within the political subdivision.
4420+17 If a sufficient petition requesting a petition and remonstrance process
4421+18 is not filed by owners of property or registered voters as set forth in this
4422+19 section, the political subdivision may issue bonds or enter into a lease
4423+20 by following the provisions of law relating to the bonds to be issued or
4424+21 lease to be entered into.
4425+22 (c) A political subdivision may not divide a controlled project in
4426+23 order to avoid the requirements of this section and section 3.2 of this
4427+24 chapter. A person that owns property within a political subdivision or
4428+25 a person that is a registered voter residing within a political subdivision
4429+26 may file a petition with the department of local government finance
4430+27 objecting that the political subdivision has divided a controlled project
4431+28 in order to avoid the requirements of this section and section 3.2 of this
4432+29 chapter. The petition must be filed not more than ten (10) days after the
4433+30 political subdivision gives notice of the political subdivision's decision
4434+31 to issue bonds or enter into leases for a capital project that the person
4435+32 believes is the result of a division of a controlled project that is
4436+33 prohibited by this subsection. If the department of local government
4437+34 finance receives a petition under this subsection, the department shall
4438+35 not later than thirty (30) days after receiving the petition make a final
4439+36 determination on the issue of whether the political subdivision divided
4440+37 a controlled project in order to avoid the requirements of this section
4441+38 and section 3.2 of this chapter. If the department of local government
4442+39 finance determines that a political subdivision divided a controlled
4443+40 project in order to avoid the requirements of this section and section
4444+41 3.2 of this chapter and the political subdivision continues to desire to
4445+42 proceed with the project, the political subdivision shall fulfill the
4446+ES 1—LS 7244/DI 120 101
4447+1 requirements of this section and section 3.2 of this chapter, if
4448+2 applicable, regardless of the cost of the project in dispute. A political
4449+3 subdivision shall be considered to have divided a capital project in
4450+4 order to avoid the requirements of this section and section 3.2 of this
4451+5 chapter if the result of one (1) or more of the subprojects cannot
4452+6 reasonably be considered an independently desirable end in itself
4453+7 without reference to another capital project. This subsection does not
4454+8 prohibit a political subdivision from undertaking a series of capital
4455+9 projects in which the result of each capital project can reasonably be
4456+10 considered an independently desirable end in itself without reference
4457+11 to another capital project.
4458+12 SECTION 67. IC 6-1.1-20-3.5, AS AMENDED BY P.L.136-2024,
4459+13 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4460+14 JULY 1, 2025]: Sec. 3.5. (a) This section applies only to a controlled
4461+15 project that meets the following conditions:
4462+16 (1) The controlled project is described in one (1) of the following
4463+17 categories:
4464+18 (A) An elementary school building, middle school building,
4465+19 high school building, or other school building for academic
4466+20 instruction that will be used for any combination of
4467+21 kindergarten through grade 12 and will cost more than the
4468+22 lesser of the following:
4469+23 (i) The threshold amount determined under this item. In the
4470+24 case of an ordinance or resolution adopted before January 1,
4471+25 2018, making a preliminary determination to issue bonds or
4472+26 enter into a lease for the project, the threshold amount is ten
4473+27 million dollars ($10,000,000). In the case of an ordinance or
4474+28 resolution adopted after December 31, 2017, and before
4475+29 January 1, 2019, making a preliminary determination to
4476+30 issue bonds or enter into a lease for the project, the threshold
4477+31 amount is fifteen million dollars ($15,000,000). In the case
4478+32 of an ordinance or resolution adopted in a calendar year after
4479+33 December 31, 2018, making a preliminary determination to
4480+34 issue bonds or enter into a lease for the project, the threshold
4481+35 amount is an amount (as determined by the department of
4482+36 local government finance) equal to the result of the
4483+37 maximum levy growth quotient determined under
4484+38 IC 6-1.1-18.5-2 for the year multiplied by the threshold
4485+39 amount determined under this item for the preceding
4486+40 calendar year. In the case of a threshold amount determined
4487+41 under this item that applies for a calendar year after
4488+42 December 31, 2018, the department of local government
4489+ES 1—LS 7244/DI 120 102
4490+1 finance shall publish the threshold in the Indiana Register
4491+2 under IC 4-22-7-7 not more than sixty (60) days after the
4492+3 date the budget agency releases the maximum levy growth
4493+4 quotient for the ensuing year under IC 6-1.1-18.5-2.
4494+5 (ii) An amount equal to one percent (1%) of the total gross
4495+6 assessed value of property within the political subdivision
4496+7 on the last assessment date, if that total gross assessed value
4497+8 is more than one billion dollars ($1,000,000,000), or ten
4498+9 million dollars ($10,000,000), if the total gross assessed
4499+10 value of property within the political subdivision on the last
4500+11 assessment date is not more than one billion dollars
4501+12 ($1,000,000,000).
4502+13 (B) Any other controlled project that is not a controlled project
4503+14 described in clause (A) and will cost the political subdivision
4504+15 more than the lesser of the following:
4505+16 (i) The threshold amount determined under this item. In the
4506+17 case of an ordinance or resolution adopted before January 1,
4507+18 2018, making a preliminary determination to issue bonds or
4508+19 enter into a lease for the project, the threshold amount is
4509+20 twelve million dollars ($12,000,000). In the case of an
4510+21 ordinance or resolution adopted after December 31, 2017,
4511+22 and before January 1, 2019, making a preliminary
4512+23 determination to issue bonds or enter into a lease for the
4513+24 project, the threshold amount is fifteen million dollars
4514+25 ($15,000,000). In the case of an ordinance or resolution
4515+26 adopted in a calendar year after December 31, 2018, making
4516+27 a preliminary determination to issue bonds or enter into a
4517+28 lease for the project, the threshold amount is an amount (as
4518+29 determined by the department of local government finance)
4519+30 equal to the result of the maximum levy growth quotient
4520+31 determined under IC 6-1.1-18.5-2 for the year multiplied by
4521+32 the threshold amount determined under this item for the
4522+33 preceding calendar year. In the case of a threshold amount
4523+34 determined under this item that applies for a calendar year
4524+35 after December 31, 2018, the department of local
4525+36 government finance shall publish the threshold in the
4526+37 Indiana Register under IC 4-22-7-7 not more than sixty (60)
4527+38 days after the date the budget agency releases the maximum
4528+39 levy growth quotient for the ensuing year under
4529+40 IC 6-1.1-18.5-2.
4530+41 (ii) An amount equal to one percent (1%) of the total gross
4531+42 assessed value of property within the political subdivision
4532+ES 1—LS 7244/DI 120 103
4533+1 on the last assessment date, if that total gross assessed value
4534+2 is more than one hundred million dollars ($100,000,000), or
4535+3 one million dollars ($1,000,000), if the total gross assessed
4536+4 value of property within the political subdivision on the last
4537+5 assessment date is not more than one hundred million
4538+6 dollars ($100,000,000).
4539+7 (C) Any other controlled project for which a political
4540+8 subdivision adopts an ordinance or resolution making a
4541+9 preliminary determination to issue bonds or enter into a lease
4542+10 for the project, if the sum of:
4543+11 (i) the cost of that controlled project; plus
4544+12 (ii) the costs of all other controlled projects for which the
4545+13 political subdivision has previously adopted within the
4546+14 preceding three hundred sixty-five (365) days an ordinance
4547+15 or resolution making a preliminary determination to issue
4548+16 bonds or enter into a lease for those other controlled
4549+17 projects;
4550+18 exceeds twenty-five million dollars ($25,000,000).
4551+19 (D) A controlled project funded by debt service if the scope of
4552+20 the project changes from the purpose of the project initially
4553+21 advertised to taxpayers as determined under section 4.3(c) of
4554+22 this chapter.
4555+23 (E) This clause does not apply to a project for which a public
4556+24 hearing to issue bonds or enter into a lease has been conducted
4557+25 under IC 20-26-7-37 before July 1, 2023, or to a project for
4558+26 which an ordinance or resolution making a preliminary
4559+27 determination to issue bonds or enter into a lease is
4560+28 adopted after June 30, 2025. Except as provided in section
4561+29 4.5 of this chapter, any other controlled project if the political
4562+30 subdivision's total debt service tax rate is at least eighty cents
4563+31 ($0.80) per one hundred dollars ($100) of assessed value. This
4564+32 clause expires December 31, 2025. For purposes of this clause,
4565+33 a political subdivision's total debt service tax rate does not
4566+34 include a tax rate imposed in a referendum debt service tax
4567+35 levy approved by voters.
4568+36 (F) Except as provided in section 4.5 of this chapter, any
4569+37 other project for which an ordinance or resolution making
4570+38 a preliminary determination to issue bonds or enter into a
4571+39 lease is adopted after June 30, 2025, if:
4572+40 (i) in the case of a school corporation, the school
4573+41 corporation's total debt service tax rate is more than
4574+42 seventy cents ($0.70) per one hundred dollars ($100) of
4575+ES 1—LS 7244/DI 120 104
4576+1 assessed value;
4577+2 (ii) in the case of a city, county, or town, the city's,
4578+3 county's, or town's total debt service tax rate is more
4579+4 than forty cents ($0.40) per one hundred dollars ($100)
4580+5 of assessed value; or
4581+6 (iii) in the case of a political subdivision not described in
4582+7 item (i) or (ii), the political subdivision's total debt
4583+8 service tax rate is more than ten cents ($0.10) per one
4584+9 hundred dollars ($100) of assessed value.
4585+10 However, this clause does not apply to a project for which
4586+11 a public hearing to issue bonds or enter into a lease has
4587+12 been conducted under IC 20-26-7-37 before July 1, 2025.
4588+13 For purposes of this clause, a political subdivision's total
4589+14 debt service tax rate does not include a tax rate imposed in
4590+15 a referendum debt service tax levy approved by voters.
4591+16 (2) The proper officers of the political subdivision make a
4592+17 preliminary determination after June 30, 2008, in the manner
4593+18 described in subsection (b) to issue bonds or enter into a lease for
4594+19 the controlled project.
4595+20 (b) Subject to subsection (d), a political subdivision may not impose
4596+21 property taxes to pay debt service on bonds or lease rentals on a lease
4597+22 for a controlled project without completing the following procedures:
4598+23 (1) The proper officers of a political subdivision shall publish
4599+24 notice in accordance with IC 5-3-1 and send notice by first class
4600+25 mail to the circuit court clerk and to any organization that delivers
4601+26 to the officers, before January 1 of that year, an annual written
4602+27 request for notices of any meeting to consider the adoption of an
4603+28 ordinance or a resolution making a preliminary determination to
4604+29 issue bonds or enter into a lease and shall conduct at least two (2)
4605+30 public hearings on the preliminary determination before adoption
4606+31 of the ordinance or resolution. The political subdivision must at
4607+32 each of the public hearings on the preliminary determination
4608+33 allow the public to testify regarding the preliminary determination
4609+34 and must make the following information available to the public
4610+35 at each of the public hearings on the preliminary determination,
4611+36 in addition to any other information required by law:
4612+37 (A) The result of the political subdivision's current and
4613+38 projected annual debt service payments divided by the net
4614+39 assessed value of taxable property within the political
4615+40 subdivision.
4616+41 (B) The result of:
4617+42 (i) the sum of the political subdivision's outstanding long
4618+ES 1—LS 7244/DI 120 105
4619+1 term debt plus the outstanding long term debt of other taxing
4620+2 units that include any of the territory of the political
4621+3 subdivision; divided by
4622+4 (ii) the net assessed value of taxable property within the
4623+5 political subdivision.
4624+6 (C) The information specified in subdivision (3)(A) through
4625+7 (3)(G).
4626+8 (2) If the proper officers of a political subdivision make a
4627+9 preliminary determination to issue bonds or enter into a lease, the
4628+10 officers shall give notice of the preliminary determination by:
4629+11 (A) publication in accordance with IC 5-3-1; and
4630+12 (B) first class mail to the circuit court clerk and to the
4631+13 organizations described in subdivision (1).
4632+14 (3) A notice under subdivision (2) of the preliminary
4633+15 determination of the political subdivision to issue bonds or enter
4634+16 into a lease must include the following information:
4635+17 (A) The maximum term of the bonds or lease.
4636+18 (B) The maximum principal amount of the bonds or the
4637+19 maximum lease rental for the lease.
4638+20 (C) The estimated interest rates that will be paid and the total
4639+21 interest costs associated with the bonds or lease.
4640+22 (D) The purpose of the bonds or lease.
4641+23 (E) A statement that the proposed debt service or lease
4642+24 payments must be approved in an election on a local public
4643+25 question held under section 3.6 of this chapter.
4644+26 (F) With respect to bonds issued or a lease entered into to
4645+27 open:
4646+28 (i) a new school facility; or
4647+29 (ii) an existing facility that has not been used for at least
4648+30 three (3) years and that is being reopened to provide
4649+31 additional classroom space;
4650+32 the estimated costs the school corporation expects to annually
4651+33 incur to operate the facility.
4652+34 (G) The following information:
4653+35 (i) The political subdivision's current debt service levy and
4654+36 rate.
4655+37 (ii) The estimated increase to the political subdivision's debt
4656+38 service levy and rate that will result if the political
4657+39 subdivision issues the bonds or enters into the lease.
4658+40 (iii) The estimated amount of the political subdivision's debt
4659+41 service levy and rate that will result during the following ten
4660+42 (10) years if the political subdivision issues the bonds or
4661+ES 1—LS 7244/DI 120 106
4662+1 enters into the lease, after also considering any changes that
4663+2 will occur to the debt service levy and rate during that
4664+3 period on account of any outstanding bonds or lease
4665+4 obligations that will mature or terminate during that period.
4666+5 (H) The information specified in subdivision (1)(A) through
4667+6 (1)(B).
4668+7 (4) This subdivision does not apply to a controlled project
4669+8 described in subsection (a)(1)(E) (before its expiration) or
4670+9 subsection (a)(1)(F). After notice is given, a petition requesting
4671+10 the application of the local public question process under section
4672+11 3.6 of this chapter may be filed by the lesser of:
4673+12 (A) five hundred (500) persons who are either owners of
4674+13 property within the political subdivision or registered voters
4675+14 residing within the political subdivision; or
4676+15 (B) five percent (5%) of the registered voters residing within
4677+16 the political subdivision.
4678+17 (5) This subdivision does not apply to a controlled project
4679+18 described in subsection (a)(1)(E) (before its expiration) or
4680+19 subsection (a)(1)(F). The state board of accounts shall design
4681+20 and, upon request by the county voter registration office, deliver
4682+21 to the county voter registration office or the county voter
4683+22 registration office's designated printer the petition forms to be
4684+23 used solely in the petition process described in this section. The
4685+24 county voter registration office shall issue to an owner or owners
4686+25 of property within the political subdivision or a registered voter
4687+26 residing within the political subdivision the number of petition
4688+27 forms requested by the owner or owners or the registered voter.
4689+28 Each form must be accompanied by instructions detailing the
4690+29 requirements that:
4691+30 (A) the carrier and signers must be owners of property or
4692+31 registered voters;
4693+32 (B) the carrier must be a signatory on at least one (1) petition;
4694+33 (C) after the signatures have been collected, the carrier must
4695+34 swear or affirm before a notary public that the carrier
4696+35 witnessed each signature; and
4697+36 (D) govern the closing date for the petition period.
4698+37 Persons requesting forms may be required to identify themselves
4699+38 as owners of property or registered voters and may be allowed to
4700+39 pick up additional copies to distribute to other owners of property
4701+40 or registered voters. Each person signing a petition must indicate
4702+41 whether the person is signing the petition as a registered voter
4703+42 within the political subdivision or is signing the petition as the
4704+ES 1—LS 7244/DI 120 107
4705+1 owner of property within the political subdivision. A person who
4706+2 signs a petition as a registered voter must indicate the address at
4707+3 which the person is registered to vote. A person who signs a
4708+4 petition as an owner of property must indicate the address of the
4709+5 property owned by the person in the political subdivision.
4710+6 (6) This subdivision does not apply to a controlled project
4711+7 described in subsection (a)(1)(E) (before its expiration) or
4712+8 subsection (a)(1)(F). Each petition must be verified under oath
4713+9 by at least one (1) qualified petitioner in a manner prescribed by
4714+10 the state board of accounts before the petition is filed with the
4715+11 county voter registration office under subdivision (7).
4716+12 (7) This subdivision does not apply to a controlled project
4717+13 described in subsection (a)(1)(E) (before its expiration) or
4718+14 subsection (a)(1)(F). Each petition must be filed with the county
4719+15 voter registration office not more than thirty (30) days after
4720+16 publication under subdivision (2) of the notice of the preliminary
4721+17 determination.
4722+18 (8) This subdivision does not apply to a controlled project
4723+19 described in subsection (a)(1)(E) (before its expiration) or
4724+20 subsection (a)(1)(F). The county voter registration office shall
4725+21 determine whether each person who signed the petition is a
4726+22 registered voter. However, after the county voter registration
4727+23 office has determined that at least five hundred twenty-five (525)
4728+24 persons who signed the petition are registered voters within the
4729+25 political subdivision, the county voter registration office is not
4730+26 required to verify whether the remaining persons who signed the
4731+27 petition are registered voters. If the county voter registration
4732+28 office does not determine that at least five hundred twenty-five
4733+29 (525) persons who signed the petition are registered voters, the
4734+30 county voter registration office, not more than fifteen (15)
4735+31 business days after receiving a petition, shall forward a copy of
4736+32 the petition to the county auditor. Not more than ten (10) business
4737+33 days after receiving the copy of the petition, the county auditor
4738+34 shall provide to the county voter registration office a statement
4739+35 verifying:
4740+36 (A) whether a person who signed the petition as a registered
4741+37 voter but is not a registered voter, as determined by the county
4742+38 voter registration office, is the owner of property in the
4743+39 political subdivision; and
4744+40 (B) whether a person who signed the petition as an owner of
4745+41 property within the political subdivision does in fact own
4746+42 property within the political subdivision.
4747+ES 1—LS 7244/DI 120 108
4748+1 (9) This subdivision does not apply to a controlled project
4749+2 described in subsection (a)(1)(E) (before its expiration) or
4750+3 subsection (a)(1)(F). The county voter registration office, not
4751+4 more than ten (10) business days after determining that at least
4752+5 five hundred twenty-five (525) persons who signed the petition
4753+6 are registered voters or after receiving the statement from the
4754+7 county auditor under subdivision (8), as applicable, shall make
4755+8 the final determination of whether a sufficient number of persons
4756+9 have signed the petition. Whenever the name of an individual who
4757+10 signs a petition form as a registered voter contains a minor
4758+11 variation from the name of the registered voter as set forth in the
4759+12 records of the county voter registration office, the signature is
4760+13 presumed to be valid, and there is a presumption that the
4761+14 individual is entitled to sign the petition under this section. Except
4762+15 as otherwise provided in this chapter, in determining whether an
4763+16 individual is a registered voter, the county voter registration office
4764+17 shall apply the requirements and procedures used under IC 3 to
4765+18 determine whether a person is a registered voter for purposes of
4766+19 voting in an election governed by IC 3. However, an individual is
4767+20 not required to comply with the provisions concerning providing
4768+21 proof of identification to be considered a registered voter for
4769+22 purposes of this chapter. A person is entitled to sign a petition
4770+23 only one (1) time in a particular referendum process under this
4771+24 chapter, regardless of whether the person owns more than one (1)
4772+25 parcel of real property, mobile home assessed as personal
4773+26 property, or manufactured home assessed as personal property or
4774+27 a combination of those types of property within the political
4775+28 subdivision and regardless of whether the person is both a
4776+29 registered voter in the political subdivision and the owner of
4777+30 property within the political subdivision. Notwithstanding any
4778+31 other provision of this section, if a petition is presented to the
4779+32 county voter registration office within forty-five (45) days before
4780+33 an election, the county voter registration office may defer acting
4781+34 on the petition, and the time requirements under this section for
4782+35 action by the county voter registration office do not begin to run
4783+36 until five (5) days after the date of the election.
4784+37 (10) This subdivision does not apply to a controlled project
4785+38 described in subsection (a)(1)(E) (before its expiration) or
4786+39 subsection (a)(1)(F). The county voter registration office must
4787+40 file a certificate and each petition with:
4788+41 (A) the township trustee, if the political subdivision is a
4789+42 township, who shall present the petition or petitions to the
4790+ES 1—LS 7244/DI 120 109
4791+1 township board; or
4792+2 (B) the body that has the authority to authorize the issuance of
4793+3 the bonds or the execution of a lease, if the political
4794+4 subdivision is not a township;
4795+5 within thirty-five (35) business days of the filing of the petition
4796+6 requesting the referendum process. The certificate must state the
4797+7 number of petitioners who are owners of property within the
4798+8 political subdivision and the number of petitioners who are
4799+9 registered voters residing within the political subdivision.
4800+10 (11) This subdivision does not apply to a controlled project
4801+11 described in subsection (a)(1)(E) (before its expiration) or
4802+12 subsection (a)(1)(F). If a sufficient petition requesting the local
4803+13 public question process is not filed by owners of property or
4804+14 registered voters as set forth in this section, the political
4805+15 subdivision may issue bonds or enter into a lease by following the
4806+16 provisions of law relating to the bonds to be issued or lease to be
4807+17 entered into.
4808+18 (c) If the proper officers of a political subdivision make a
4809+19 preliminary determination to issue bonds or enter into a lease, the
4810+20 officers shall provide to the county auditor:
4811+21 (1) a copy of the notice required by subsection (b)(2); and
4812+22 (2) any other information the county auditor requires to fulfill the
4813+23 county auditor's duties under section 3.6 of this chapter.
4814+24 (d) In addition to the procedures in subsection (b), if any capital
4815+25 improvement components addressed in the most recent:
4816+26 (1) threat assessment of the buildings within the school
4817+27 corporation; or
4818+28 (2) school safety plan (as described in IC 20-26-18.2-2(b));
4819+29 concerning a particular school have not been completed or require
4820+30 additional funding to be completed, before the school corporation may
4821+31 impose property taxes to pay debt service on bonds or lease rentals for
4822+32 a lease for a controlled project, and in addition to any other components
4823+33 of the controlled project, the controlled project must include any capital
4824+34 improvements necessary to complete those components described in
4825+35 subdivisions (1) and (2) that have not been completed or that require
4826+36 additional funding to be completed.
4827+37 (e) In addition to the other procedures in this section, an ordinance
4828+38 or resolution making a preliminary determination to issue bonds or
4829+39 enter into leases that is considered for adoption must include a
4830+40 statement of:
4831+41 (1) the maximum annual debt service for the controlled project for
4832+42 each year in which the debt service will be paid; and
4833+ES 1—LS 7244/DI 120 110
4834+1 (2) the schedule of the estimated annual tax levy and rate over a
4835+2 ten (10) year period;
4836+3 factoring in changes that will occur to the debt service levy and tax rate
4837+4 during the period on account of any outstanding bonds or lease
4838+5 obligations that will mature or terminate during the period.
4839+6 SECTION 68. IC 6-1.1-20-3.6, AS AMENDED BY P.L.136-2024,
4840+7 SECTION 25, AND AS AMENDED BY P.L.156-2024, SECTION 17,
4841+8 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
4842+9 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
4843+10 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
4844+11 Sec. 3.6. (a) Except as provided in sections 3.7 and 3.8 of this chapter,
4845+12 this section applies only to a controlled project described in section
4846+13 3.5(a) of this chapter.
4847+14 (b) In the case of a controlled project:
4848+15 (1) described in section 3.5(a)(1)(A) through 3.5(a)(1)(C) of this
4849+16 chapter, if a sufficient petition requesting the application of the
4850+17 local public question process has been filed as set forth in section
4851+18 3.5 of this chapter; or
4852+19 (2) described in section 3.5(a)(1)(D) 3.5(a)(1)(E) (before its
4853+20 expiration) or 3.5(a)(1)(F) of this chapter; (before its expiration);
4854+21 a political subdivision may not impose property taxes to pay debt
4855+22 service on bonds or lease rentals on a lease for a controlled project
4856+23 unless the political subdivision's proposed debt service or lease rental
4857+24 is approved in an election on a local public question held under this
4858+25 section.
4859+26 (c) Except as provided in subsection (k), the following question
4860+27 shall be submitted to the eligible voters at the election conducted under
4861+28 this section:
4862+29 "Shall ________ (insert the name of the political subdivision)
4863+30 increase property taxes paid to the _______ (insert the type of
4864+31 taxing unit) by homeowners and businesses? If this public
4865+32 question is approved by the voters, the average property tax paid
4866+33 to the _______ (insert the type of taxing unit) per year on a
4867+34 residence would increase by ______% (insert the estimated
4868+35 average percentage of property tax increase paid to the political
4869+36 subdivision on a residence within the political subdivision as
4870+37 determined under subsection (n)) and the average property tax
4871+38 paid to the _____ (insert the type of taxing unit) per year on a
4872+39 business property would increase by ______% (insert the
4873+40 estimated average percentage of property tax increase paid to the
4874+41 political subdivision on a business property within the political
4875+42 subdivision as determined under subsection (o)). The political
4876+ES 1—LS 7244/DI 120 111
4877+1 subdivision may issue bonds or enter into a lease to ________
4878+2 (insert a brief description of the controlled project), which is
4879+3 estimated to cost _______ (insert the total cost of the project)
4880+4 over ______ (insert number of years to bond maturity or
4881+5 termination of lease) years. The most recent property tax
4882+6 referendum within the boundaries of the political subdivision for
4883+7 which this public question is being considered was proposed by
4884+8 ________ (insert name of political subdivision) in ______ (insert
4885+9 year of most recent property tax referendum) and ________
4886+10 (insert whether the measure passed or failed).".
4887+11 "Shall ________ (insert the name of the political subdivision)
4888+12 increase property taxes paid to the _______ (insert the type of
4889+13 political subdivision) for no more than ______ (insert the
4890+14 number of years immediately following the holding of the
4891+15 referendum) years for the purpose of funding _______ (insert
4892+16 a brief description of the project use or purpose) for which the
4893+17 principal debt amount for the project will cost no more than
4894+18 ______ (insert the total cost of the project principal amount)
4895+19 and the financing cost including interest and fees will cost no
4896+20 more than an additional ______ (insert the total financing
4897+21 costs including interest and fees) and is estimated to increase
4898+22 the property taxes paid to the ______ (insert the type of
4899+23 political subdivision) by imposing a property tax rate that
4900+24 results in a maximum annual amount that does not exceed
4901+25 ______ (insert maximum amount of annual levy). If this
4902+26 capital referendum public question is approved by the voters,
4903+27 for a median residence of ______ (insert the political
4904+28 subdivision's median household assessed value, rounded up to
4905+29 the next fifty thousand dollars ($50,000)), the property's
4906+30 annual property tax bill would increase by ______ (insert
4907+31 dollar amount, rounded up to the next whole dollar) per
4908+32 year.".
4909+33 The public question must appear on the ballot in the form approved by
4910+34 the county election board. If the political subdivision proposing to issue
4911+35 bonds or enter into a lease is located in more than one (1) county, the
4912+36 county election board of each county shall jointly approve the form of
4913+37 the public question that will appear on the ballot in each county. The
4914+38 form approved by the county election board may differ from the
4915+39 language certified to the county election board by the county auditor.
4916+40 If the county election board approves the language of a public question
4917+41 under this subsection, the county election board shall submit the
4918+42 language and the certification of the county auditor described in
4919+ES 1—LS 7244/DI 120 112
4920+1 subsection (p) to the department of local government finance for
4921+2 review.
4922+3 (d) The department of local government finance shall review the
4923+4 language of the public question to evaluate whether the description of
4924+5 the controlled project is accurate and is not biased against either a vote
4925+6 in favor of the controlled project or a vote against the controlled
4926+7 project. The department of local government finance shall post the
4927+8 estimated average percentage of property tax increases to be paid to a
4928+9 political subdivision on a residence and business property that are
4929+10 certified by the county auditor under subsection (p) on the department's
4930+11 Internet web site. website. The department of local government finance
4931+12 may either approve the ballot language as submitted or recommend that
4932+13 the ballot language be modified as necessary to ensure that the
4933+14 description of the controlled project is accurate and is not biased. The
4934+15 department of local government finance shall certify its approval or
4935+16 recommendations to the county auditor and the county election board
4936+17 not more than ten (10) days after both the certification of the county
4937+18 auditor described in subsection (p) and the language of the public
4938+19 question is are submitted to the department for review. If the
4939+20 department of local government finance recommends a modification to
4940+21 the ballot language, the county election board shall, after reviewing the
4941+22 recommendations of the department of local government finance,
4942+23 submit modified ballot language to the department for the department's
4943+24 approval or recommendation of any additional modifications. The
4944+25 public question may not be certified by the county auditor under
4945+26 subsection (e) unless the department of local government finance has
4946+27 first certified the department's final approval of the ballot language for
4947+28 the public question.
4948+29 (e) The county auditor shall certify the finally approved public
4949+30 question under IC 3-10-9-3 to the county election board of each county
4950+31 in which the political subdivision is located. The certification must
4951+32 occur not later than noon August 1.
4952+33 (1) seventy-four (74) days before a primary election if the public
4953+34 question is to be placed on the primary or municipal primary
4954+35 election ballot; or
4955+36 (2) August 1 if the public question is to be placed on the general
4956+37 or municipal election ballot.
4957+38 Subject to the certification requirements and deadlines under this
4958+39 subsection and except as provided in subsection (j), the public question
4959+40 shall be placed on the ballot at the next primary election, general
4960+41 election. or municipal election in which all voters of the political
4961+42 subdivision are entitled to vote. However, if a primary election, general
4962+ES 1—LS 7244/DI 120 113
4963+1 election, or municipal election will not be held during the first year in
4964+2 which the public question is eligible to be placed on the ballot under
4965+3 this section and if the political subdivision requests the public question
4966+4 to be placed on the ballot at a special election, the public question shall
4967+5 be placed on the ballot at a special election to be held on the first
4968+6 Tuesday after the first Monday in May or November of the year. The
4969+7 certification must occur not later than noon seventy-four (74) days
4970+8 before a special election to be held in May (if the special election is to
4971+9 be held in May) or noon on August 1 (if the special election is to be
4972+10 held in November). The fiscal body of the political subdivision that
4973+11 requests the special election shall pay the costs of holding the special
4974+12 election. The county election board shall give notice under IC 5-3-1 of
4975+13 a special election conducted under this subsection. A special election
4976+14 conducted under this subsection is under the direction of the county
4977+15 election board. The county election board shall take all steps necessary
4978+16 to carry out the special election.
4979+17 (f) The circuit court clerk shall certify the results of the public
4980+18 question to the following:
4981+19 (1) The county auditor of each county in which the political
4982+20 subdivision is located.
4983+21 (2) The department of local government finance.
4984+22 (g) Subject to the requirements of IC 6-1.1-18.5-8, the political
4985+23 subdivision may issue the proposed bonds or enter into the proposed
4986+24 lease rental if a majority of the eligible voters voting on the public
4987+25 question vote in favor of the public question.
4988+26 (h) If a majority of the eligible voters voting on the public question
4989+27 vote in opposition to the public question, both of the following apply:
4990+28 (1) The political subdivision may not issue the proposed bonds or
4991+29 enter into the proposed lease rental.
4992+30 (2) Another public question under this section on the same or a
4993+31 substantially similar project may not be submitted to the voters
4994+32 earlier than:
4995+33 (A) except as provided in clause (B), seven hundred (700)
4996+34 days after the date of the public question; or
4997+35 (B) three hundred fifty (350) days after the date of the election,
4998+36 if a petition that meets the requirements of subsection (m) is
4999+37 submitted to the county auditor.
5000+38 (i) IC 3, to the extent not inconsistent with this section, applies to an
5001+39 election held under this section.
5002+40 (j) A political subdivision may not divide a controlled project in
5003+41 order to avoid the requirements of this section and section 3.5 of this
5004+42 chapter. A person that owns property within a political subdivision or
5005+ES 1—LS 7244/DI 120 114
5006+1 a person that is a registered voter residing within a political subdivision
5007+2 may file a petition with the department of local government finance
5008+3 objecting that the political subdivision has divided a controlled project
5009+4 into two (2) or more capital projects in order to avoid the requirements
5010+5 of this section and section 3.5 of this chapter. The petition must be filed
5011+6 not more than ten (10) days after the political subdivision gives notice
5012+7 of the political subdivision's decision under section 3.5 of this chapter
5013+8 or a determination under section 5 of this chapter to issue bonds or
5014+9 enter into leases for a capital project that the person believes is the
5015+10 result of a division of a controlled project that is prohibited by this
5016+11 subsection. If the department of local government finance receives a
5017+12 petition under this subsection, the department shall not later than thirty
5018+13 (30) days after receiving the petition make a final determination on the
5019+14 issue of whether the political subdivision divided a controlled project
5020+15 in order to avoid the requirements of this section and section 3.5 of this
5021+16 chapter. If the department of local government finance determines that
5022+17 a political subdivision divided a controlled project in order to avoid the
5023+18 requirements of this section and section 3.5 of this chapter and the
5024+19 political subdivision continues to desire to proceed with the project, the
5025+20 political subdivision may appeal the determination of the department
5026+21 of local government finance to the Indiana board of tax review. A
5027+22 political subdivision shall be considered to have divided a capital
5028+23 project in order to avoid the requirements of this section and section
5029+24 3.5 of this chapter if the result of one (1) or more of the subprojects
5030+25 cannot reasonably be considered an independently desirable end in
5031+26 itself without reference to another capital project. This subsection does
5032+27 not prohibit a political subdivision from undertaking a series of capital
5033+28 projects in which the result of each capital project can reasonably be
5034+29 considered an independently desirable end in itself without reference
5035+30 to another capital project.
5036+31 (k) This subsection applies to a political subdivision for which a
5037+32 petition requesting a public question has been submitted under section
5038+33 3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
5039+34 the political subdivision may adopt a resolution to withdraw a
5040+35 controlled project from consideration in a public question. If the
5041+36 legislative body provides a certified copy of the resolution to the county
5042+37 auditor and the county election board not later than sixty-three (63)
5043+38 days before the election at which the public question would be on the
5044+39 ballot, the public question on the controlled project shall not be placed
5045+40 on the ballot and the public question on the controlled project shall not
5046+41 be held, regardless of whether the county auditor has certified the
5047+42 public question to the county election board. If the withdrawal of a
5048+ES 1—LS 7244/DI 120 115
5049+1 public question under this subsection requires the county election
5050+2 board to reprint ballots, the political subdivision withdrawing the
5051+3 public question shall pay the costs of reprinting the ballots. If a political
5052+4 subdivision withdraws a public question under this subsection that
5053+5 would have been held at a special election and the county election
5054+6 board has printed the ballots before the legislative body of the political
5055+7 subdivision provides a certified copy of the withdrawal resolution to
5056+8 the county auditor and the county election board, the political
5057+9 subdivision withdrawing the public question shall pay the costs
5058+10 incurred by the county in printing the ballots. If a public question on a
5059+11 controlled project is withdrawn under this subsection, a public question
5060+12 under this section on the same controlled project or a substantially
5061+13 similar controlled project may not be submitted to the voters earlier
5062+14 than three hundred fifty (350) days after the date the resolution
5063+15 withdrawing the public question is adopted.
5064+16 (l) If a public question regarding a controlled project is placed on
5065+17 the ballot to be voted on at an election under this section, the political
5066+18 subdivision shall submit to the department of local government finance,
5067+19 at least thirty (30) days before the election, the following information
5068+20 regarding the proposed controlled project for posting on the
5069+21 department's Internet web site: website:
5070+22 (1) The cost per square foot of any buildings being constructed as
5071+23 part of the controlled project.
5072+24 (2) The effect that approval of the controlled project would have
5073+25 on the political subdivision's property tax rate.
5074+26 (3) The maximum term of the bonds or lease.
5075+27 (4) The maximum principal amount of the bonds or the maximum
5076+28 lease rental for the lease.
5077+29 (5) The estimated interest rates that will be paid and the total
5078+30 interest costs associated with the bonds or lease.
5079+31 (6) The purpose of the bonds or lease.
5080+32 (7) In the case of a controlled project proposed by a school
5081+33 corporation:
5082+34 (A) the current and proposed square footage of school building
5083+35 space per student;
5084+36 (B) enrollment patterns within the school corporation; and
5085+37 (C) the age and condition of the current school facilities.
5086+38 (m) If a majority of the eligible voters voting on the public question
5087+39 vote in opposition to the public question, a petition may be submitted
5088+40 to the county auditor to request that the limit under subsection
5089+41 (h)(2)(B) apply to the holding of a subsequent public question by the
5090+42 political subdivision. If such a petition is submitted to the county
5091+ES 1—LS 7244/DI 120 116
5092+1 auditor and is signed by the lesser of:
5093+2 (1) five hundred (500) persons who are either owners of property
5094+3 within the political subdivision or registered voters residing
5095+4 within the political subdivision; or
5096+5 (2) five percent (5%) of the registered voters residing within the
5097+6 political subdivision;
5098+7 the limit under subsection (h)(2)(B) applies to the holding of a second
5099+8 public question by the political subdivision and the limit under
5100+9 subsection (h)(2)(A) does not apply to the holding of a second public
5101+10 question by the political subdivision.
5102+11 (n) At the request of a political subdivision that proposes to impose
5103+12 property taxes to pay debt service on bonds or lease rentals on a lease
5104+13 for a controlled project, the county auditor of a county in which the
5105+14 political subdivision is located shall determine the estimated average
5106+15 percentage of property tax increase on a homestead to be paid to the
5107+16 political subdivision that must be included in the public question under
5108+17 subsection (c) as follows:
5109+18 STEP ONE: Determine the average assessed value of a homestead
5110+19 located within the political subdivision.
5111+20 STEP TWO: For purposes of determining the net assessed value
5112+21 of the average homestead located within the political subdivision,
5113+22 subtract:
5114+23 (A) an amount for the homestead standard deduction under
5115+24 IC 6-1.1-12-37 as if the homestead described in STEP ONE
5116+25 was eligible for the deduction; and
5117+26 (B) an amount for the supplemental homestead deduction
5118+27 under IC 6-1.1-12-37.5 as if the homestead described in STEP
5119+28 ONE was eligible for the deduction;
5120+29 from the result of STEP ONE.
5121+30 STEP THREE: Divide the result of STEP TWO by one hundred
5122+31 (100).
5123+32 STEP FOUR: Determine the overall average tax rate per one
5124+33 hundred dollars ($100) of assessed valuation for the current year
5125+34 imposed on property located within the political subdivision.
5126+35 STEP FIVE: For purposes of determining net property tax liability
5127+36 of the average homestead located within the political subdivision:
5128+37 (A) multiply the result of STEP THREE by the result of STEP
5129+38 FOUR; and
5130+39 (B) as appropriate, apply any currently applicable county
5131+40 property tax credit rates and the credit for excessive property
5132+41 taxes under IC 6-1.1-20.6-7.5(a)(1).
5133+42 STEP SIX: Determine the amount of the political subdivision's
5134+ES 1—LS 7244/DI 120 117
5135+1 part of the result determined in STEP FIVE.
5136+2 STEP SEVEN: Determine the estimated tax rate that will be
5137+3 imposed if the public question is approved by the voters.
5138+4 STEP EIGHT: Multiply the result of STEP SEVEN by the result
5139+5 of STEP THREE.
5140+6 STEP NINE: Divide the result of STEP EIGHT by the result of
5141+7 STEP SIX, expressed as a percentage.
5142+8 (o) At the request of a political subdivision that proposes to impose
5143+9 property taxes to pay debt service on bonds or lease rentals on a lease
5144+10 for a controlled project, the county auditor of a county in which the
5145+11 political subdivision is located shall determine the estimated average
5146+12 percentage of property tax increase on a business property to be paid
5147+13 to the political subdivision that must be included in the public question
5148+14 under subsection (c) as follows:
5149+15 STEP ONE: Determine the average assessed value of business
5150+16 property located within the political subdivision.
5151+17 STEP TWO: Divide the result of STEP ONE by one hundred
5152+18 (100).
5153+19 STEP THREE: Determine the overall average tax rate per one
5154+20 hundred dollars ($100) of assessed valuation for the current year
5155+21 imposed on property located within the political subdivision.
5156+22 STEP FOUR: For purposes of determining net property tax
5157+23 liability of the average business property located within the
5158+24 political subdivision:
5159+25 (A) multiply the result of STEP TWO by the result of STEP
5160+26 THREE; and
5161+27 (B) as appropriate, apply any currently applicable county
5162+28 property tax credit rates and the credit for excessive property
5163+29 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
5164+30 was three percent (3%).
5165+31 STEP FIVE: Determine the amount of the political subdivision's
5166+32 part of the result determined in STEP FOUR.
5167+33 STEP SIX: Determine the estimated tax rate that will be imposed
5168+34 if the public question is approved by the voters.
5169+35 STEP SEVEN: Multiply the result of STEP TWO by the result of
5170+36 STEP SIX.
5171+37 STEP EIGHT: Divide the result of STEP SEVEN by the result of
5172+38 STEP FIVE, expressed as a percentage.
5173+39 (p) The county auditor shall certify the estimated average
5174+40 percentage of property tax increase on a homestead to be paid to the
5175+41 political subdivision determined under subsection (n), and the
5176+42 estimated average percentage of property tax increase on a business
5177+ES 1—LS 7244/DI 120 118
5178+1 property to be paid to the political subdivision determined under
5179+2 subsection (o), in a manner prescribed by the department of local
5180+3 government finance, and provide the certification to the political
5181+4 subdivision that proposes to impose property taxes. The political
5182+5 subdivision shall provide the certification to the county election board
5183+6 and include the estimated average percentages in the language of the
5184+7 public question at the time the language of the public question is
5185+8 submitted to the county election board for approval as described in
5186+9 subsection (c).
5187+10 SECTION 69. IC 6-1.1-20-4.1 IS ADDED TO THE INDIANA
5188+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
5189+12 [EFFECTIVE JULY 1, 2025]: Sec. 4.1. This section applies to all
5190+13 school corporations. During the calendar year immediately
5191+14 succeeding the final calendar year in which a school corporation's
5192+15 previously approved controlled project referendum tax levy is
5193+16 imposed under this chapter, the school corporation may not adopt
5194+17 a resolution under section 3.5 of this chapter making a preliminary
5195+18 determination to issue bonds or enter into a lease or adopt a
5196+19 resolution to extend a referendum tax levy under this chapter.
5197+20 SECTION 70. IC 6-1.1-20-4.3, AS ADDED BY P.L.136-2024,
5198+21 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5199+22 JULY 1, 2025]: Sec. 4.3. (a) This section applies only if, with respect
5200+23 to a particular controlled project that fulfilled the referendum process
5201+24 under sections 3.5 and 3.6 of this chapter, the political subdivision
5202+25 subsequently changes the scope of the controlled project beyond that
5203+26 initially presented.
5204+27 (b) Notwithstanding any other provision in this chapter, if at least
5205+28 ten (10) persons who are either owners of property within the political
5206+29 subdivision or registered voters residing within the political
5207+30 subdivision file a petition with the proper officers of the political
5208+31 subdivision contending that the scope of a controlled project has
5209+32 changed from how it was initially presented, the proper officers of the
5210+33 political subdivision shall hold a public hearing to determine whether
5211+34 any change in scope is significant enough to warrant a new referendum
5212+35 process. A petition under this subsection must be filed not later than
5213+36 one (1) year after the controlled project received final approval.
5214+37 (c) Notwithstanding any other provision in this chapter, if it is
5215+38 determined at the hearing described in subsection (b) that the political
5216+39 subdivision has subsequently changed the scope of a controlled project
5217+40 beyond that initially presented as described in subsection (a), the
5218+41 following procedures apply:
5219+42 (1) A petition requesting the application of the local public
5220+ES 1—LS 7244/DI 120 119
5221+1 question process under this section may be filed using, and in
5222+2 compliance with, the provisions that initially applied to the
5223+3 particular controlled project under section 3.5 of this chapter. For
5224+4 purposes of this subdivision, the relevant provisions in section 3.5
5225+5 of this chapter shall be construed in a manner consistent with this
5226+6 section.
5227+7 (2) If a sufficient petition requesting the application of the local
5228+8 public question process for purposes of this section has been filed
5229+9 under subdivision (1), the following question shall be submitted
5230+10 to the eligible voters at the election conducted under this section:
5231+11 "On ______ (insert date) the voters approved a public question to
5232+12 increase property taxes paid to the _______ (insert the type of
5233+13 taxing unit) by homeowners and businesses. The political
5234+14 subdivision has determined that the scope of the project for which
5235+15 the pubic question was placed on the ballot has changed beyond
5236+16 that initially presented. To fund the increase in the scope of the
5237+17 project, the average property tax paid to the _______ (insert the
5238+18 type of taxing unit) per year on a residence is estimated to
5239+19 increase by ______% (insert the estimated average percentage of
5240+20 property tax increase paid to the political subdivision on a
5241+21 residence within the political subdivision) and the average
5242+22 property tax paid to the _____ (insert the type of taxing unit) per
5243+23 year on a business property would increase by ______% (insert
5244+24 the estimated average percentage of property tax increase paid to
5245+25 the political subdivision on a business property within the
5246+26 political subdivision). Shall ________ (insert the name of the
5247+27 political subdivision) increase property taxes paid to the _______
5248+28 (insert the type of taxing unit) by homeowners and businesses to
5249+29 fund the increase in the scope of the project previously approved?
5250+30 If this public question is approved by the voters, the average
5251+31 property tax paid to the _______ (insert the type of taxing unit)
5252+32 per year on a residence would increase by ______% (insert the
5253+33 estimated average percentage of property tax increase paid to the
5254+34 political subdivision on a residence within the political
5255+35 subdivision) and the average property tax paid to the _____
5256+36 (insert the type of taxing unit) per year on a business property
5257+37 would increase by ______% (insert the estimated average
5258+38 percentage of property tax increase paid to the political
5259+39 subdivision on a business property within the political
5260+40 subdivision).".
5261+41 "Shall ________ (insert the name of the political subdivision)
5262+42 increase property taxes paid to the _______ (insert the type of
5263+ES 1—LS 7244/DI 120 120
5264+1 political subdivision) for no more than ______ (insert the
5265+2 number of years immediately following the holding of the
5266+3 referendum) years for the purpose of funding _______ (insert
5267+4 a brief description of the project use or purpose) for which the
5268+5 principal debt amount for the project will cost no more than
5269+6 ______ (insert the total cost of the project principal amount)
5270+7 and the financing cost including interest and fees will cost no
5271+8 more than an additional ______ (insert the total financing
5272+9 costs including interest and fees) and is estimated to increase
5273+10 the property taxes paid to the ______ (insert the type of
5274+11 political subdivision) by imposing a property tax rate that
5275+12 results in a maximum annual amount that does not exceed
5276+13 ______ (insert maximum amount of annual levy). If this
5277+14 capital referendum public question is approved by the voters,
5278+15 for a median residence of ______ (insert the political
5279+16 subdivision's median household assessed value, rounded up to
5280+17 the next fifty thousand dollars ($50,000)), the property's
5281+18 annual property tax bill would increase by ______ (insert
5282+19 dollar amount, rounded up to the next whole dollar) per
5283+20 year.".
5284+21 (3) The public question must appear on the ballot in the form
5285+22 approved by the county election board. If the political subdivision
5286+23 in which the particular controlled project is located in more than
5287+24 one (1) county, the county election board of each county shall
5288+25 jointly approve the form of the public question that will appear on
5289+26 the ballot in each county. The form approved by the county
5290+27 election board may differ from the language certified to the
5291+28 county election board by the county auditor. If the county election
5292+29 board approves the language of a public question under this
5293+30 subsection, the county election board shall submit the language to
5294+31 the department of local government finance for review.
5295+32 (4) The department of local government finance shall review the
5296+33 language of the public question to evaluate whether the
5297+34 description of the controlled project is accurate and is not biased
5298+35 against either a vote in favor of the controlled project or a vote
5299+36 against the controlled project. The department of local
5300+37 government finance may either approve the ballot language as
5301+38 submitted or recommend that the ballot language be modified as
5302+39 necessary to ensure that the description of the controlled project
5303+40 is accurate and is not biased. The department of local government
5304+41 finance shall certify its approval or recommendations to the
5305+42 county auditor and the county election board not more than ten
5306+ES 1—LS 7244/DI 120 121
5307+1 (10) days after the language of the public question is submitted to
5308+2 the department for review. If the department of local government
5309+3 finance recommends a modification to the ballot language, the
5310+4 county election board shall, after reviewing the recommendations
5311+5 of the department of local government finance, submit modified
5312+6 ballot language to the department for the department's approval
5313+7 or recommendation of any additional modifications. The public
5314+8 question may not be certified by the county auditor under
5315+9 subdivision (5) unless the department of local government finance
5316+10 has first certified the department's final approval of the ballot
5317+11 language for the public question.
5318+12 (5) The county auditor shall certify the finally approved public
5319+13 question under IC 3-10-9-3 to the county election board of each
5320+14 county in which the political subdivision is located. The
5321+15 certification must occur not later than noon August 1.
5322+16 (A) seventy-four (74) days before a primary election if the
5323+17 public question is to be placed on the primary or municipal
5324+18 primary election ballot; or
5325+19 (B) August 1 if the public question is to be placed on the
5326+20 general or municipal election ballot.
5327+21 (6) The public question shall be placed on the ballot at the next
5328+22 primary election, general election or municipal election in which
5329+23 all voters of the political subdivision are entitled to vote.
5330+24 However, if a primary election, general election, or municipal
5331+25 election will not be held during the first year in which the public
5332+26 question is eligible to be placed on the ballot under this section
5333+27 and if the political subdivision requests the public question to be
5334+28 placed on the ballot at a special election, the public question shall
5335+29 be placed on the ballot at a special election to be held on the first
5336+30 Tuesday after the first Monday in May or November of the year.
5337+31 The certification must occur not later than noon seventy-four (74)
5338+32 days before a special election to be held in May (if the special
5339+33 election is to be held in May) or noon on August 1 (if the special
5340+34 election is to be held in November). The fiscal body of the
5341+35 political subdivision that requests the special election shall pay
5342+36 the costs of holding the special election. The county election
5343+37 board shall give notice under IC 5-3-1 of a special election
5344+38 conducted under this subsection. A special election conducted
5345+39 under this subsection is under the direction of the county election
5346+40 board. The county election board shall take all steps necessary to
5347+41 carry out the special election.
5348+42 (7) The circuit court clerk shall certify the results of the public
5349+ES 1—LS 7244/DI 120 122
5350+1 question to the following:
5351+2 (A) The county auditor of each county in which the political
5352+3 subdivision is located.
5353+4 (B) The department of local government finance.
5354+5 (8) IC 3, to the extent not inconsistent with this section, applies to
5355+6 an election held under this section.
5356+7 (9) If a majority of the eligible voters voting on the public
5357+8 question vote in opposition to the public question, or if a petition
5358+9 is not filed under subdivision (1), the political subdivision may
5359+10 not proceed with the changed scope of the controlled project. In
5360+11 that case, the political subdivision may either:
5361+12 (A) proceed with the controlled project as it was initially
5362+13 presented; or
5363+14 (B) terminate the controlled project as it was initially
5364+15 presented and initiate procedures for the controlled project that
5365+16 reflects the change in scope.
5366+17 (10) If a majority of the eligible voters voting on the public
5367+18 question vote in favor of the public question, the political
5368+19 subdivision may impose property taxes to fund the increase in the
5369+20 scope of the controlled project previously approved.
5370+21 SECTION 71. IC 6-1.1-20-4.5, AS AMENDED BY P.L.136-2024,
5371+22 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5372+23 JULY 1, 2025]: Sec. 4.5. (a) As used in this section, "maintenance
5373+24 emergency" refers to a response to a condition that is not otherwise
5374+25 subject to the application of section 1.1(a)(6) of this chapter and
5375+26 includes:
5376+27 (1) repair of a boiler or chiller system;
5377+28 (2) roof repair;
5378+29 (3) storm damage repair; or
5379+30 (4) any other repair that the department determines is a
5380+31 maintenance emergency for which waiver of the application of
5381+32 section 3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) of this
5382+33 chapter (before its expiration) is warranted.
5383+34 (b) A political subdivision may submit a request to the department
5384+35 to waive the application of section 3.5(a)(1)(E) (before its expiration)
5385+36 or 3.5(a)(1)(F) of this chapter, (before its expiration), if the proposed
5386+37 controlled project of the political subdivision is to address a
5387+38 maintenance emergency with respect to a building owned or leased by
5388+39 the political subdivision.
5389+40 (c) The department shall require the political subdivision to submit
5390+41 any information that the department considers necessary to determine
5391+42 whether the condition that the political subdivision contends is a
5392+ES 1—LS 7244/DI 120 123
5393+1 maintenance emergency.
5394+2 (d) The department shall review a request and issue a determination
5395+3 not later than forty-five (45) days after the department receives a
5396+4 request under this section determining whether the condition that the
5397+5 political subdivision contends is a maintenance emergency is sufficient
5398+6 to waive the application of section 3.5(a)(1)(E) (before its expiration)
5399+7 or 3.5(a)(1)(F) of this chapter. (before its expiration). If the department
5400+8 determines that the condition is a maintenance emergency then section
5401+9 3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) of this chapter
5402+10 (before its expiration) is waived and does not apply to the proposed
5403+11 controlled project.
5404+12 (e) A waiver of the application of section 3.5(a)(1)(E) (before its
5405+13 expiration) or 3.5(a)(1)(F) of this chapter (before its expiration) in
5406+14 accordance with this section may not be construed as a waiver of any
5407+15 other requirement of this chapter with respect to the proposed
5408+16 controlled project.
5409+17 (f) This section expires December 31, 2025.
5410+18 SECTION 72. IC 6-1.1-20-4.6 IS ADDED TO THE INDIANA
5411+19 CODE AS A NEW SECTION TO READ AS FOLLOWS
5412+20 [EFFECTIVE JULY 1, 2025]: Sec. 4.6. Each year, the county
5413+21 auditor, with cooperation from the department of local
5414+22 government finance, shall determine the tax rate needed to raise
5415+23 the maximum amount of the annual levy for the year as described
5416+24 under sections 3.6 and 4.3 of this chapter, as applicable, and
5417+25 determine all other information needed for the ballot language in
5418+26 those sections.
5419+27 SECTION 73. IC 6-1.1-20.6-3, AS AMENDED BY P.L.197-2016,
5420+28 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5421+29 UPON PASSAGE]: Sec. 3. As used in this chapter, "property tax
5422+30 liability" means, for purposes of:
5423+31 (1) this chapter, other than section 7.7 or 8.5 of this chapter,
5424+32 liability for the tax imposed on property under this article
5425+33 determined after application of all credits and deductions under
5426+34 this article or IC 6-3.6, except the credit under granted by
5427+35 section 7 or 7.5 of this chapter, but does not include any interest
5428+36 or penalty imposed under this article; and
5429+37 (2) section 8.5 of this chapter, liability for the tax imposed on
5430+38 property under this article determined after application of all
5431+39 credits and deductions under this article or IC 6-3.6, including the
5432+40 credit credits granted by section sections 7, or 7.5, and 7.7 of this
5433+41 chapter, but not including the credit granted under section 8.5 of
5434+42 this chapter or any interest or penalty imposed under this article;
5435+ES 1—LS 7244/DI 120 124
5436+1 and
5437+2 (3) section 7.7 of this chapter, liability for the tax imposed on
5438+3 property under this article determined after application of all
5439+4 credits and deductions under this article or IC 6-3.6, including
5440+5 the credit granted by section 7 or 7.5 of this chapter, but not
5441+6 including the credits granted under section 7.7 or 8.5 of this
5442+7 chapter or any interest or penalty imposed under this article.
5443+8 SECTION 74. IC 6-1.1-20.6-7.7 IS ADDED TO THE INDIANA
5444+9 CODE AS A NEW SECTION TO READ AS FOLLOWS
5445+10 [EFFECTIVE UPON PASSAGE]: Sec. 7.7. (a) This section applies
5446+11 for property taxes first due and payable in calendar years
5447+12 beginning after December 31, 2025.
5448+13 (b) A person who qualifies for a standard deduction from the
5449+14 assessed value of the person's homestead under IC 6-1.1-12-37 (or
5450+15 is married at the time of death to a deceased spouse who qualifies
5451+16 for a standard deduction under IC 6-1.1-12-37 for the person's
5452+17 homestead) is also entitled to receive a supplemental homestead
5453+18 credit under this section against the person's property tax liability
5454+19 on the same homestead to which the standard deduction applies.
5455+20 (c) The amount of the credit is equal to the lesser of:
5456+21 (1) the result of:
5457+22 (A) the property tax liability first due and payable on the
5458+23 homestead property for the calendar year; multiplied by
5459+24 (B) one-tenth (0.1); or
5460+25 (2) three hundred dollars ($300).
5461+26 (d) Property taxes imposed after being approved by the voters
5462+27 in a referendum or local public question shall not be considered for
5463+28 purposes of calculating a person's credit under this section.
5464+29 (e) A person is not required to file an application for the credit
5465+30 under this section. The county auditor shall:
5466+31 (1) identify the property in the county eligible for the credit
5467+32 under this section; and
5468+33 (2) apply the credit under this section to property tax liability
5469+34 on the identified property.
5470+35 SECTION 75. IC 6-1.1-20.6-8.5, AS AMENDED BY P.L.239-2023,
5471+36 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5472+37 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 8.5. (a) This section
5473+38 applies to an individual who:
5474+39 (1) qualified for a standard deduction granted under
5475+40 IC 6-1.1-12-37 for the individual's homestead property in the
5476+41 immediately preceding calendar year (or was married at the time
5477+42 of death to a deceased spouse who qualified for a standard
5478+ES 1—LS 7244/DI 120 125
5479+1 deduction granted under IC 6-1.1-12-37 for the individual's
5480+2 homestead property in the immediately preceding calendar year);
5481+3 (2) qualifies for a standard deduction granted under
5482+4 IC 6-1.1-12-37 for the same homestead property in the current
5483+5 calendar year;
5484+6 (3) is or will be at least sixty-five (65) years of age on or before
5485+7 December 31 of the calendar year immediately preceding the
5486+8 current calendar year; and
5487+9 (4) had:
5488+10 (A) in the case of an individual who filed a single return,
5489+11 adjusted gross income (as defined in Section 62 of the Internal
5490+12 Revenue Code) not exceeding thirty thousand dollars
5491+13 ($30,000), sixty thousand dollars ($60,000), and beginning
5492+14 for the January 1, 2023, assessment date, and each assessment
5493+15 date thereafter, adjusted annually by an amount equal to the
5494+16 percentage cost of living increase applied for Social Security
5495+17 benefits for the immediately preceding calendar year; or
5496+18 (B) in the case of an individual who filed a joint income tax
5497+19 return with the individual's spouse, combined adjusted gross
5498+20 income (as defined in Section 62 of the Internal Revenue
5499+21 Code) not exceeding forty thousand dollars ($40,000), seventy
5500+22 thousand dollars ($70,000), and beginning for the January 1,
5501+23 2023, assessment date, and each assessment date thereafter,
5502+24 adjusted annually by an amount equal to the percentage cost
5503+25 of living increase applied for Social Security benefits for the
5504+26 immediately preceding calendar year;
5505+27 for the calendar year preceding by two (2) years the calendar year
5506+28 in which property taxes are first due and payable.
5507+29 For purposes of applying the annual cost of living increases described
5508+30 in subdivision (4)(A) and (4)(B), the annual percentage increase is
5509+31 applied to the adjusted amount of income from the immediately
5510+32 preceding year.
5511+33 (b) Except as provided in subsection (g), this section does not apply
5512+34 if:
5513+35 (1) for an individual who received a credit under this section
5514+36 before January 1, 2020, the gross assessed value of the homestead
5515+37 on the assessment date for which property taxes are imposed is at
5516+38 least two hundred thousand dollars ($200,000);
5517+39 (2) for an individual who initially applies for a credit under this
5518+40 section after December 31, 2019, and before January 1, 2023, the
5519+41 assessed value of the individual's Indiana real property is at least
5520+42 two hundred thousand dollars ($200,000); or
5521+ES 1—LS 7244/DI 120 126
5522+1 (3) for an individual who initially applies for a credit under this
5523+2 section after December 31, 2022, and before January 1, 2025,
5524+3 the assessed value of the individual's Indiana real property is at
5525+4 least two hundred forty thousand dollars ($240,000).
5526+5 (c) An individual is entitled to an additional credit under this section
5527+6 for property taxes first due and payable for a calendar year on a
5528+7 homestead if:
5529+8 (1) the individual and the homestead qualify for the credit under
5530+9 subsection (a) for the calendar year;
5531+10 (2) the homestead is not disqualified for the credit under
5532+11 subsection (b) for the calendar year; and
5533+12 (3) the filing requirements under subsection (e) are met.
5534+13 (d) The amount of the credit is equal to the greater of zero (0) or the
5535+14 result of:
5536+15 (1) the property tax liability first due and payable on the
5537+16 homestead property for the calendar year; minus
5538+17 (2) the result of:
5539+18 (A) the property tax liability first due and payable on the
5540+19 qualified homestead property for the immediately preceding
5541+20 year after the application of the credit granted under this
5542+21 section for that year; multiplied by
5543+22 (B) one and two hundredths (1.02).
5544+23 However, property tax liability imposed on any improvements to or
5545+24 expansion of the homestead property after the assessment date for
5546+25 which property tax liability described in subdivision (2) was imposed
5547+26 shall not be considered in determining the credit granted under this
5548+27 section in the current calendar year.
5549+28 (e) Applications for a credit under this section shall be filed in the
5550+29 manner provided for an application for a deduction under IC 6-1.1-12-9
5551+30 (before its expiration). However, an individual who remains eligible
5552+31 for the credit in the following year is not required to file a statement to
5553+32 apply for the credit in the following year. An individual who receives
5554+33 a credit under this section in a particular year and who becomes
5555+34 ineligible for the credit in the following year shall notify the auditor of
5556+35 the county in which the homestead is located of the individual's
5557+36 ineligibility not later than sixty (60) days after the individual becomes
5558+37 ineligible.
5559+38 (f) The auditor of each county shall, in a particular year, apply a
5560+39 credit provided under this section to each individual who received the
5561+40 credit in the preceding year unless the auditor determines that the
5562+41 individual is no longer eligible for the credit.
5563+42 (g) For purposes of determining the:
5564+ES 1—LS 7244/DI 120 127
5565+1 (1) assessed value of the homestead on the assessment date for
5566+2 which property taxes are imposed under subsection (b)(1);
5567+3 (2) assessed value of the individual's Indiana real property under
5568+4 subsection (b)(2); or
5569+5 (3) assessed value of the individual's Indiana real property under
5570+6 subsection (b)(3);
5571+7 for an individual who has received a credit under this section in a
5572+8 previous year, increases in assessed value that occur after the later of
5573+9 December 31, 2019, or the first year that the individual has received
5574+10 the credit are not considered unless the increase in assessed value is
5575+11 attributable to substantial renovation or new improvements. Where
5576+12 there is an increase in assessed value for purposes of the credit under
5577+13 this section, the assessor shall provide a report to the county auditor
5578+14 describing the substantial renovation or new improvements, if any, that
5579+15 were made to the property prior to the increase in assessed value.
5580+16 SECTION 76. IC 6-1.1-22-8.1, AS AMENDED BY P.L.159-2020,
5581+17 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5582+18 JULY 1, 2026]: Sec. 8.1. (a) The county treasurer shall:
5583+19 (1) except as provided in subsection (h), mail to the last known
5584+20 address of each person liable for any property taxes or special
5585+21 assessment, as shown on the tax duplicate or special assessment
5586+22 records, or to the last known address of the most recent owner
5587+23 shown in the transfer book; and
5588+24 (2) transmit by written, electronic, or other means to a mortgagee
5589+25 maintaining an escrow account for a person who is liable for any
5590+26 property taxes or special assessments, as shown on the tax
5591+27 duplicate or special assessment records;
5592+28 a statement in the form required under subsection (b).
5593+29 (b) The department of local government finance shall prescribe a
5594+30 form, subject to the approval of the state board of accounts, for the
5595+31 statement under subsection (a) that includes at least the following:
5596+32 (1) A statement of the taxpayer's current and delinquent taxes and
5597+33 special assessments.
5598+34 (2) A breakdown showing the total property tax and special
5599+35 assessment liability and the amount of the taxpayer's liability that
5600+36 will be distributed to each taxing unit in the county.
5601+37 (3) An itemized listing for each property tax levy, including:
5602+38 (A) the amount of the tax rate;
5603+39 (B) the entity levying the tax owed; and
5604+40 (C) the dollar amount of the tax owed.
5605+41 (4) Information designed to show the manner in which the taxes
5606+42 and special assessments billed in the tax statement are to be used.
5607+ES 1—LS 7244/DI 120 128
5608+1 (5) Information regarding how a taxpayer can obtain information
5609+2 regarding the taxpayer's notice of assessment or reassessment
5610+3 under IC 6-1.1-4-22.
5611+4 (6) A comparison showing any change in the assessed valuation
5612+5 for the property as compared to the previous year.
5613+6 (7) A comparison showing any change in the property tax and
5614+7 special assessment liability for the property as compared to the
5615+8 previous year. The information required under this subdivision
5616+9 must identify:
5617+10 (A) the amount of the taxpayer's liability distributable to each
5618+11 taxing unit in which the property is located in the current year
5619+12 and in the previous year; and
5620+13 (B) the percentage change, if any, in the amount of the
5621+14 taxpayer's liability distributable to each taxing unit in which
5622+15 the property is located from the previous year to the current
5623+16 year.
5624+17 (8) An explanation of the following:
5625+18 (A) Homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before
5626+19 its expiration), or another law that are available in the taxing
5627+20 district where the property is located.
5628+21 (B) All property tax deductions that are available in the taxing
5629+22 district where the property is located.
5630+23 (C) The procedure and deadline for filing for any available
5631+24 homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before its
5632+25 expiration), or another law and each deduction.
5633+26 (D) The procedure that a taxpayer must follow to:
5634+27 (i) appeal a current assessment; or
5635+28 (ii) petition for the correction of an error related to the
5636+29 taxpayer's property tax and special assessment liability.
5637+30 (E) The forms that must be filed for an appeal or a petition
5638+31 described in clause (D).
5639+32 (F) The procedure and deadline that a taxpayer must follow
5640+33 and the forms that must be used if a credit or deduction has
5641+34 been granted for the property and the taxpayer is no longer
5642+35 eligible for the credit or deduction.
5643+36 (G) Notice that an appeal described in clause (D) requires
5644+37 evidence relevant to the true tax value of the taxpayer's
5645+38 property as of the assessment date that is the basis for the taxes
5646+39 payable on that property.
5647+40 The department of local government finance shall provide the
5648+41 explanation required by this subdivision to each county treasurer.
5649+42 (9) A checklist that shows:
5650+ES 1—LS 7244/DI 120 129
5651+1 (A) homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before
5652+2 its expiration), or another law and all property tax deductions;
5653+3 and
5654+4 (B) whether each homestead credit and property tax deduction
5655+5 applies in the current statement for the property transmitted
5656+6 under subsection (a).
5657+7 (10) A remittance coupon indicating the payment amounts due at
5658+8 each payment due date and other information determined by the
5659+9 department of local government finance.
5660+10 (c) The county treasurer shall mail or transmit the statement one (1)
5661+11 time each year on or before April 15. Whenever a person's tax liability
5662+12 for a year is due in one (1) installment under IC 6-1.1-7-7 or section 9
5663+13 of this chapter, a statement that is mailed must include the date on
5664+14 which the installment is due and denote the amount of money to be
5665+15 paid for the installment. Whenever a person's tax liability is due in two
5666+16 (2) installments, a statement that is mailed must contain the dates on
5667+17 which the first and second installments are due and denote the amount
5668+18 of money to be paid for each installment. If a statement is returned to
5669+19 the county treasurer as undeliverable and the forwarding order is
5670+20 expired, the county treasurer shall notify the county auditor of this fact.
5671+21 Upon receipt of the county treasurer's notice, the county auditor may,
5672+22 at the county auditor's discretion, treat the property as not being eligible
5673+23 for any deductions under IC 6-1.1-12 or any homestead credits under
5674+24 IC 6-1.1-20.4 and IC 6-3.6-5 (before its expiration).
5675+25 (d) All payments of property taxes and special assessments shall be
5676+26 made to the county treasurer. The county treasurer, when authorized by
5677+27 the board of county commissioners, may open temporary offices for the
5678+28 collection of taxes in cities and towns in the county other than the
5679+29 county seat.
5680+30 (e) The county treasurer, county auditor, and county assessor shall
5681+31 cooperate to generate the information to be included in the statement
5682+32 under subsection (b).
5683+33 (f) The information to be included in the statement under subsection
5684+34 (b) must be simply and clearly presented and understandable to the
5685+35 average individual.
5686+36 (g) After December 31, 2007, a reference in a law or rule to
5687+37 IC 6-1.1-22-8 (expired January 1, 2008, and repealed) shall be treated
5688+38 as a reference to this section.
5689+39 (h) Transmission of statements and other information under this
5690+40 subsection applies in a county only if the county legislative body adopts
5691+41 an authorizing ordinance. Subject to subsection (i), in a county in
5692+42 which an ordinance is adopted under this subsection for property taxes
5693+ES 1—LS 7244/DI 120 130
5694+1 and special assessments, a person may, in any manner permitted by
5695+2 subsection (n), direct the county treasurer and county auditor to
5696+3 transmit the following to the person by electronic mail:
5697+4 (1) A statement that would otherwise be sent by the county
5698+5 treasurer to the person by regular mail under subsection (a)(1),
5699+6 including a statement that reflects installment payment due dates
5700+7 under section 9.5 or 9.7 of this chapter.
5701+8 (2) A provisional tax statement that would otherwise be sent by
5702+9 the county treasurer to the person by regular mail under
5703+10 IC 6-1.1-22.5-6.
5704+11 (3) A reconciling tax statement that would otherwise be sent by
5705+12 the county treasurer to the person by regular mail under any of the
5706+13 following:
5707+14 (A) Section 9 of this chapter.
5708+15 (B) Section 9.7 of this chapter.
5709+16 (C) IC 6-1.1-22.5-12, including a statement that reflects
5710+17 installment payment due dates under IC 6-1.1-22.5-18.5.
5711+18 (4) Any other information that:
5712+19 (A) concerns the property taxes or special assessments; and
5713+20 (B) would otherwise be sent:
5714+21 (i) by the county treasurer or the county auditor to the person
5715+22 by regular mail; and
5716+23 (ii) before the last date the property taxes or special
5717+24 assessments may be paid without becoming delinquent.
5718+25 The information listed in this subsection may be transmitted to a person
5719+26 by using electronic mail that provides a secure Internet link to the
5720+27 information.
5721+28 (i) For property with respect to which more than one (1) person is
5722+29 liable for property taxes and special assessments, subsection (h) applies
5723+30 only if all the persons liable for property taxes and special assessments
5724+31 designate the electronic mail address for only one (1) individual
5725+32 authorized to receive the statements and other information referred to
5726+33 in subsection (h).
5727+34 (j) The department of local government finance shall create a form
5728+35 to be used to implement subsection (h). The county treasurer and
5729+36 county auditor shall:
5730+37 (1) make the form created under this subsection available to the
5731+38 public;
5732+39 (2) transmit a statement or other information by electronic mail
5733+40 under subsection (h) to a person who files, on or before March 15,
5734+41 the form created under this subsection:
5735+42 (A) with the county treasurer; or
5736+ES 1—LS 7244/DI 120 131
5737+1 (B) with the county auditor; and
5738+2 (3) publicize the availability of the electronic mail option under
5739+3 this subsection through appropriate media in a manner reasonably
5740+4 designed to reach members of the public.
5741+5 (k) The form referred to in subsection (j) must:
5742+6 (1) explain that a form filed as described in subsection (j)(2)
5743+7 remains in effect until the person files a replacement form to:
5744+8 (A) change the person's electronic mail address; or
5745+9 (B) terminate the electronic mail option under subsection (h);
5746+10 and
5747+11 (2) allow a person to do at least the following with respect to the
5748+12 electronic mail option under subsection (h):
5749+13 (A) Exercise the option.
5750+14 (B) Change the person's electronic mail address.
5751+15 (C) Terminate the option.
5752+16 (D) For a person other than an individual, designate the
5753+17 electronic mail address for only one (1) individual authorized
5754+18 to receive the statements and other information referred to in
5755+19 subsection (h).
5756+20 (E) For property with respect to which more than one (1)
5757+21 person is liable for property taxes and special assessments,
5758+22 designate the electronic mail address for only one (1)
5759+23 individual authorized to receive the statements and other
5760+24 information referred to in subsection (h).
5761+25 (l) The form created under subsection (j) is considered filed with the
5762+26 county treasurer or the county auditor on the postmark date or on the
5763+27 date it is electronically submitted. If the postmark is missing or
5764+28 illegible, the postmark is considered to be one (1) day before the date
5765+29 of receipt of the form by the county treasurer or the county auditor.
5766+30 (m) The county treasurer shall maintain a record that shows at least
5767+31 the following:
5768+32 (1) Each person to whom a statement or other information is
5769+33 transmitted by electronic mail under this section.
5770+34 (2) The information included in the statement.
5771+35 (3) Whether the county treasurer received a notice that the
5772+36 person's electronic mail was undeliverable.
5773+37 (n) A person may direct the county treasurer and county auditor to
5774+38 transmit information by electronic mail under subsection (h) on a form
5775+39 prescribed by the department submitted:
5776+40 (1) in person;
5777+41 (2) by mail; or
5778+42 (3) in an online format developed by the county and approved by
5779+ES 1—LS 7244/DI 120 132
5780+1 the department.
5781+2 SECTION 77. IC 6-1.1-22.5-8, AS AMENDED BY P.L.93-2024,
5782+3 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5783+4 JULY 1, 2026]: Sec. 8. (a) Subject to subsection (c), a provisional
5784+5 statement must:
5785+6 (1) be on a form prescribed by the department of local
5786+7 government finance;
5787+8 (2) except as provided in rules adopted under section 20 of this
5788+9 chapter and subsection (b):
5789+10 (A) for property taxes first due and payable after 2010 and
5790+11 billed using a provisional statement under section 6 of this
5791+12 chapter, indicate:
5792+13 (i) that the first installment of the taxpayer's tax liability is
5793+14 an amount equal to fifty percent (50%) of the tax liability
5794+15 that was payable in the same year as the assessment date for
5795+16 the property for which the provisional statement is issued,
5796+17 subject to any adjustments to the tax liability authorized by
5797+18 the department of local government finance under
5798+19 subsection (e) and approved by the county treasurer; and
5799+20 (ii) that the second installment is either the amount specified
5800+21 in a reconciling statement or, if a reconciling statement is
5801+22 not sent until after the second installment is due, an amount
5802+23 equal to fifty percent (50%) of the tax liability that was
5803+24 payable in the same year as the assessment date for the
5804+25 property for which the provisional statement is issued,
5805+26 subject to any adjustments to the tax liability authorized by
5806+27 the department of local government finance under
5807+28 subsection (e) and approved by the county treasurer; and
5808+29 (B) for property taxes billed using a provisional statement
5809+30 under section 6.5 of this chapter, except as provided in
5810+31 subsection (d), indicate tax liability in an amount determined
5811+32 by the department of local government finance based on:
5812+33 (i) subject to subsection (c), for the cross-county entity, the
5813+34 property tax rate of the cross-county entity for taxes first due
5814+35 and payable in the immediately preceding calendar year; and
5815+36 (ii) for all other taxing units that make up the taxing district
5816+37 or taxing districts that comprise the cross-county area, the
5817+38 property tax rates of the taxing units for taxes first due and
5818+39 payable in the current calendar year;
5819+40 (3) indicate:
5820+41 (A) that the tax liability under the provisional statement is
5821+42 determined as described in subdivision (2); and
5822+ES 1—LS 7244/DI 120 133
5823+1 (B) that property taxes billed on the provisional statement:
5824+2 (i) are due and payable in the same manner as property taxes
5825+3 billed on a tax statement under IC 6-1.1-22-8.1; and
5826+4 (ii) will be credited against a reconciling statement;
5827+5 (4) for property taxes billed using a provisional statement under
5828+6 section 6 of this chapter, include a statement in the following or
5829+7 a substantially similar form, as determined by the department of
5830+8 local government finance:
5831+9 "Under Indiana law, ________ County (insert county) has sent
5832+10 provisional statements. The statement is due to be paid in
5833+11 installments on __________ (insert date) and ________ (insert
5834+12 date). The first installment is equal to fifty percent (50%) of your
5835+13 tax liability for taxes payable in ______ (insert year), subject to
5836+14 adjustment to the tax liability authorized by the department of
5837+15 local government finance and approved by the county treasurer.
5838+16 The second installment is either the amount specified in a
5839+17 reconciling statement that will be sent to you, or (if a reconciling
5840+18 statement is not sent until after the second installment is due) an
5841+19 amount equal to fifty percent (50%) of your tax liability for taxes
5842+20 payable in ______ (insert year), subject to adjustment to the tax
5843+21 liability authorized by the department of local government finance
5844+22 and approved by the county treasurer. After the abstract of
5845+23 property is complete, you will receive a reconciling statement in
5846+24 the amount of your actual tax liability for taxes payable in ______
5847+25 (insert year) minus the amount you pay under this provisional
5848+26 statement.";
5849+27 (5) for property taxes billed using a provisional statement under
5850+28 section 6.5 of this chapter, include a statement in the following or
5851+29 a substantially similar form, as determined by the department of
5852+30 local government finance:
5853+31 "Under Indiana law, ________ County (insert county) has elected
5854+32 to send provisional statements for the territory of
5855+33 __________________ (insert cross-county entity) located in
5856+34 ________ County (insert county) because the property tax rate for
5857+35 ________________ (insert cross-county entity) was not available
5858+36 in time to prepare final tax statements. The statement is due to be
5859+37 paid in installments on __________ (insert date) and _________
5860+38 (insert date). The statement is based on the property tax rate of
5861+39 _________________ (insert cross-county entity) for taxes first
5862+40 due and payable in _____ (insert immediately preceding calendar
5863+41 year). After the property tax rate of ________________ (insert
5864+42 cross-county entity) is determined, you will receive a reconciling
5865+ES 1—LS 7244/DI 120 134
5866+1 statement in the amount of your actual tax liability for taxes
5867+2 payable in _____ (insert year) minus the amount you pay under
5868+3 this provisional statement.";
5869+4 (6) indicate any adjustment to tax liability under subdivision (2)
5870+5 authorized by the department of local government finance under
5871+6 subsection (e) and approved by the county treasurer for:
5872+7 (A) delinquent:
5873+8 (i) taxes; and
5874+9 (ii) special assessments;
5875+10 (B) penalties; and
5876+11 (C) interest;
5877+12 (7) in the case of a reconciling statement only, include:
5878+13 (A) a checklist that shows:
5879+14 (i) homestead credits under IC 6-1.1-20.4, IC 6-3.6-5
5880+15 (before its expiration), or another law and all property tax
5881+16 deductions; and
5882+17 (ii) whether each homestead credit and property tax
5883+18 deduction were applied in the current provisional statement;
5884+19 (B) an explanation of the procedure and deadline that a
5885+20 taxpayer must follow and the forms that must be used if a
5886+21 credit or deduction has been granted for the property and the
5887+22 taxpayer is no longer eligible for the credit or deduction; and
5888+23 (C) an explanation of the tax consequences and applicable
5889+24 penalties if a taxpayer unlawfully claims a standard deduction
5890+25 under IC 6-1.1-12-37 on:
5891+26 (i) more than one (1) parcel of property; or
5892+27 (ii) property that is not the taxpayer's principal place of
5893+28 residence or is otherwise not eligible for a standard
5894+29 deduction; and
5895+30 (8) include any other information the county treasurer requires.
5896+31 (b) The county may apply a standard deduction, supplemental
5897+32 standard deduction, or homestead credit calculated by the county's
5898+33 property system on a provisional bill for a qualified property. If a
5899+34 provisional bill has been used for property tax billings for two (2)
5900+35 consecutive years and a property qualifies for a standard deduction,
5901+36 supplemental standard deduction, or homestead credit for the second
5902+37 year a provisional bill is used, the county shall apply the standard
5903+38 deduction, supplemental standard deduction, or homestead credit
5904+39 calculated by the county's property system on the provisional bill.
5905+40 (c) For purposes of this section, property taxes that are:
5906+41 (1) first due and payable in the current calendar year on a
5907+42 provisional statement under section 6 or 6.5 of this chapter; and
5908+ES 1—LS 7244/DI 120 135
5909+1 (2) based on property taxes first due and payable in the
5910+2 immediately preceding calendar year or on a percentage of those
5911+3 property taxes;
5912+4 are determined after excluding from the property taxes first due and
5913+5 payable in the immediately preceding calendar year property taxes
5914+6 imposed by one (1) or more taxing units in which the tangible property
5915+7 is located that are attributable to a levy that no longer applies for
5916+8 property taxes first due and payable in the current calendar year.
5917+9 (d) If there was no property tax rate of the cross-county entity for
5918+10 taxes first due and payable in the immediately preceding calendar year
5919+11 for use under subsection (a)(2)(B), the department of local government
5920+12 finance shall provide an estimated tax rate calculated to approximate
5921+13 the actual tax rate that will apply when the tax rate is finally
5922+14 determined.
5923+15 (e) The department of local government finance shall:
5924+16 (1) authorize the types of adjustments to tax liability that a county
5925+17 treasurer may approve under subsection (a)(2)(A) including:
5926+18 (A) adjustments for any new construction on the property or
5927+19 any damage to the property;
5928+20 (B) any necessary adjustments for credits, deductions, or the
5929+21 local income tax;
5930+22 (C) adjustments to include current year special assessments or
5931+23 exclude special assessments payable in the year of the
5932+24 assessment date but not payable in the current year;
5933+25 (D) adjustments to include delinquent:
5934+26 (i) taxes; and
5935+27 (ii) special assessments;
5936+28 (E) adjustments to include penalties that are due and owing;
5937+29 and
5938+30 (F) adjustments to include interest that is due and owing; and
5939+31 (2) notify county treasurers in writing of the types of adjustments
5940+32 authorized under subdivision (1).
5941+33 SECTION 78. IC 6-1.1-30-20 IS ADDED TO THE INDIANA
5942+34 CODE AS A NEW SECTION TO READ AS FOLLOWS
5943+35 [EFFECTIVE UPON PASSAGE]: Sec. 20. (a) The department shall
5944+36 develop and maintain a property tax transparency portal on the
5945+37 department's current website through which taxpayers may:
5946+38 (1) compare the property tax liability in their current tax
5947+39 statement compared to their potential property tax liability
5948+40 based on changes under a proposed tax rate; and
5949+41 (2) provide taxpayer feedback to the department and local
5950+42 units.
5951+ES 1—LS 7244/DI 120 136
5952+1 (b) The department shall make the portal available for taxpayer
5953+2 use not later than January 1, 2026.
5954+3 SECTION 79. IC 6-1.1-31-14 IS ADDED TO THE INDIANA
5955+4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5956+5 [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14. The
5957+6 department of local government finance shall develop or amend
5958+7 forms and returns for property taxation of assessable depreciable
5959+8 personal property to reflect the enactment of IC 6-1.1-3-29 and the
5960+9 enactment of IC 6-1.1-8-45.
5961+10 SECTION 80. IC 6-1.1-36-17, AS AMENDED BY P.L.85-2017,
5962+11 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5963+12 JULY 1, 2026]: Sec. 17. (a) As used in this section, "nonreverting
5964+13 fund" refers to a nonreverting fund established under subsection (d).
5965+14 (b) If a county auditor makes a determination that property was not
5966+15 eligible for a standard deduction under IC 6-1.1-12-37 in a particular
5967+16 year within three (3) years after the date on which taxes for the
5968+17 particular year are first due, the county auditor may issue a notice of
5969+18 taxes, interest, and penalties due to the owner that improperly received
5970+19 the standard deduction and include a statement that the payment is to
5971+20 be made payable to the county auditor. The additional taxes and civil
5972+21 penalties that result from the removal of the deduction, if any, are
5973+22 imposed for property taxes first due and payable for an assessment date
5974+23 occurring before the earlier of the date of the notation made under
5975+24 subsection (c)(2)(A) or the date a notice of an ineligible homestead lien
5976+25 is recorded under subsection (e)(2) in the office of the county recorder.
5977+26 The notice must require full payment of the amount owed within:
5978+27 (1) one (1) year with no penalties and interest, if:
5979+28 (A) the taxpayer did not comply with the requirement to return
5980+29 the homestead verification form under IC 6-1.1-22-8.1(b)(9)
5981+30 (expired January 1, 2015); and
5982+31 (B) the county auditor allowed the taxpayer to receive the
5983+32 standard deduction in error; or
5984+33 (2) thirty (30) days, if subdivision (1) does not apply.
5985+34 With respect to property subject to a determination made under this
5986+35 subsection that is owned by a bona fide purchaser without knowledge
5987+36 of the determination, no lien attaches for any additional taxes and civil
5988+37 penalties that result from the removal of the deduction.
5989+38 (c) If a county auditor issues a notice of taxes, interest, and penalties
5990+39 due to an owner under subsection (b), the county auditor shall:
5991+40 (1) notify the county treasurer of the determination; and
5992+41 (2) do one (1) or more of the following:
5993+42 (A) Make a notation on the tax duplicate that the property is
5994+ES 1—LS 7244/DI 120 137
5995+1 ineligible for the standard deduction and indicate the date the
5996+2 notation is made.
5997+3 (B) Record a notice of an ineligible homestead lien under
5998+4 subsection (e)(2).
5999+5 (d) Each county auditor shall establish a nonreverting fund. Upon
6000+6 collection of the adjustment in tax due (and any interest and penalties
6001+7 on that amount) after the termination of a deduction or credit as
6002+8 specified in subsection (b), the county treasurer shall deposit that
6003+9 amount:
6004+10 (1) in the nonreverting fund, if the county contains a consolidated
6005+11 city; or
6006+12 (2) if the county does not contain a consolidated city:
6007+13 (A) in the nonreverting fund, to the extent that the amount
6008+14 collected, after deducting the direct cost of any contract,
6009+15 including contract related expenses, under which the
6010+16 contractor is required to identify homestead deduction
6011+17 eligibility, does not cause the total amount deposited in the
6012+18 nonreverting fund under this subsection for the year during
6013+19 which the amount is collected to exceed one hundred thousand
6014+20 dollars ($100,000); or
6015+21 (B) in the county general fund, to the extent that the amount
6016+22 collected exceeds the amount that may be deposited in the
6017+23 nonreverting fund under clause (A).
6018+24 (e) Any part of the amount due under subsection (b) that is not
6019+25 collected by the due date is subject to collection under one (1) or more
6020+26 of the following:
6021+27 (1) After being placed on the tax duplicate for the affected
6022+28 property and collected in the same manner as other property taxes.
6023+29 (2) Through a notice of an ineligible homestead lien recorded in
6024+30 the county recorder's office without charge.
6025+31 The adjustment in tax due (and any interest and penalties on that
6026+32 amount) after the termination of a deduction or credit as specified in
6027+33 subsection (b) shall be deposited as specified in subsection (d) only in
6028+34 the first year in which that amount is collected. Upon the collection of
6029+35 the amount due under subsection (b) or the release of a lien recorded
6030+36 under subdivision (2), the county auditor shall submit the appropriate
6031+37 documentation to the county recorder, who shall amend the information
6032+38 recorded under subdivision (2) without charge to indicate that the lien
6033+39 has been released or the amount has been paid in full.
6034+40 (f) The amount to be deposited in the nonreverting fund or the
6035+41 county general fund under subsection (d) includes adjustments in the
6036+42 tax due as a result of the termination of deductions or credits available
6037+ES 1—LS 7244/DI 120 138
6038+1 only for property that satisfies the eligibility for a standard deduction
6039+2 under IC 6-1.1-12-37, including the following:
6040+3 (1) Supplemental deductions under IC 6-1.1-12-37.5.
6041+4 (2) Homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before its
6042+5 expiration), IC 6-3.6-11-3 (before its expiration), or any other
6043+6 law.
6044+7 (3) Credit for excessive property taxes under IC 6-1.1-20.6-7.5 or
6045+8 IC 6-1.1-20.6-8.5.
6046+9 Any amount paid that exceeds the amount required to be deposited
6047+10 under subsection (d)(1) or (d)(2) shall be distributed as property taxes.
6048+11 (g) Money deposited under subsection (d)(1) or (d)(2) shall be
6049+12 treated as miscellaneous revenue. Distributions shall be made from the
6050+13 nonreverting fund established under this section upon appropriation by
6051+14 the county fiscal body and shall be made only for the following
6052+15 purposes:
6053+16 (1) Fees and other costs incurred by the county auditor to discover
6054+17 property that is eligible for a standard deduction under
6055+18 IC 6-1.1-12-37.
6056+19 (2) Other expenses of the office of the county auditor.
6057+20 The amount of deposits in a reverting fund, the balance of a
6058+21 nonreverting fund, and expenditures from a reverting fund may not be
6059+22 considered in establishing the budget of the office of the county auditor
6060+23 or in setting property tax levies that will be used in any part to fund the
6061+24 office of the county auditor.
6062+25 SECTION 81. IC 6-1.1-37-4 IS AMENDED TO READ AS
6063+26 FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
6064+27 Sec. 4. A person who makes a false statement, with intent to obtain the
6065+28 property tax deduction provided in either IC 6-1.1-12-13 or
6066+29 IC 6-1.1-12-14 (before their expiration), when he the person is not
6067+30 entitled to the deduction, commits a Class B misdemeanor.
6068+31 SECTION 82. IC 6-1.1-40-10, AS AMENDED BY
6069+32 P.L.212-2018(ss), SECTION 16, IS AMENDED TO READ AS
6070+33 FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
6071+34 Sec. 10. (a) The deduction under this section applies only to new
6072+35 manufacturing equipment installed before July 1, 2018.
6073+36 (b) Subject to subsection (e), an owner of new manufacturing
6074+37 equipment whose statement of benefits is approved is entitled to a
6075+38 deduction from the assessed value of that equipment for a period of ten
6076+39 (10) years. Except as provided in subsections (c) and (d), and subject
6077+40 to subsection (e) and section 14 of this chapter, for the first five (5)
6078+41 years, the amount of the deduction for new manufacturing equipment
6079+42 that an owner is entitled to for a particular year equals the assessed
6080+ES 1—LS 7244/DI 120 139
6081+1 value of the new manufacturing equipment. Subject to subsection (e)
6082+2 and section 14 of this chapter, for the sixth through the tenth year, the
6083+3 amount of the deduction equals the product of:
6084+4 (1) the assessed value of the new manufacturing equipment;
6085+5 multiplied by
6086+6 (2) the percentage prescribed in the following table:
6087+7 YEAR OF DEDUCTION PERCENTAGE
6088+8 6th 100%
6089+9 7th 95%
6090+10 8th 80%
6091+11 9th 65%
6092+12 10th 50%
6093+13 11th and thereafter 0%
6094+14 (c) A deduction under this section is not allowed in the first year the
6095+15 deduction is claimed for new manufacturing equipment to the extent
6096+16 that it would cause the assessed value of all of the personal property of
6097+17 the owner in the taxing district in which the equipment is located to be
6098+18 less than the assessed value of all of the personal property of the owner
6099+19 in that taxing district in the immediately preceding year.
6100+20 (d) If a deduction is not fully allowed under subsection (c) in the
6101+21 first year the deduction is claimed, then the percentages specified in
6102+22 subsection (b) apply in the subsequent years to the amount of deduction
6103+23 that was allowed in the first year.
6104+24 (e) For purposes of subsection (b), the assessed value of new
6105+25 manufacturing equipment that is part of an owner's assessable
6106+26 depreciable personal property in a single taxing district subject to the
6107+27 valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9
6108+28 IC 6-1.1-8-45 is the product of:
6109+29 (1) the assessed value of the equipment (excluding equipment
6110+30 installed after June 30, 2018) determined without regard to the
6111+31 valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50
6112+32 IAC 5.1-6-9; IC 6-1.1-8-45; multiplied by
6113+33 (2) the quotient of:
6114+34 (A) the amount of the valuation limitation determined under
6115+35 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9 IC 6-1.1-8-45
6116+36 for all of the owner's depreciable personal property in the
6117+37 taxing district; divided by
6118+38 (B) the total true tax value of all of the owner's depreciable
6119+39 personal property in the taxing district that is subject to the
6120+40 valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50
6121+41 IAC 5.1-6-9 IC 6-1.1-8-45 determined:
6122+42 (i) under the depreciation schedules in the rules of the
6123+ES 1—LS 7244/DI 120 140
6124+1 department of local government finance before any
6125+2 adjustment for abnormal obsolescence; and
6126+3 (ii) without regard to the valuation limitation in 50
6127+4 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9.
6128+5 IC 6-1.1-8-45.
6129+6 SECTION 83. IC 6-1.1-42-22, AS AMENDED BY P.L.181-2016,
6130+7 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6131+8 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 22. (a) The designating
6132+9 body shall determine whether to approve a deduction.
6133+10 (b) A designating body may not grant a deduction for a facility
6134+11 described in IC 6-1.1-12.1-3(e).
6135+12 (c) A property owner may not receive a deduction under this chapter
6136+13 for repairs or improvements to real property if the owner receives a
6137+14 deduction under either IC 6-1.1-12.1, IC 6-1.1-12-18 (before its
6138+15 expiration), IC 6-1.1-12-22 (before its expiration), or IC 6-1.1-12-28.5
6139+16 (before its expiration) for the same property.
6140+17 (d) A designating body may approve a deduction only if the
6141+18 following findings are made in the affirmative:
6142+19 (1) The applicant:
6143+20 (A) has never had an ownership interest in an entity that
6144+21 contributed; and
6145+22 (B) has not contributed;
6146+23 a contaminant (as defined in IC 13-11-2-42) that is the subject of
6147+24 the voluntary remediation, as determined under the written
6148+25 standards adopted by the department of environmental
6149+26 management.
6150+27 (2) The proposed improvement or property will be located in a
6151+28 zone.
6152+29 (3) The estimate of the value of the remediation and
6153+30 redevelopment is reasonable for projects of that nature.
6154+31 (4) The estimate of the number of individuals who will be
6155+32 employed or whose employment will be retained can be
6156+33 reasonably expected to result from the proposed described
6157+34 remediation and redevelopment.
6158+35 (5) The estimate of the annual salaries of those individuals who
6159+36 will be employed or whose employment will be retained can be
6160+37 reasonably expected to result from the proposed described
6161+38 remediation and redevelopment.
6162+39 (6) Any other benefits about which information was requested are
6163+40 benefits that can be reasonably expected to result from the
6164+41 proposed described remediation and redevelopment.
6165+42 (7) The totality of benefits is sufficient to justify the deduction.
6166+ES 1—LS 7244/DI 120 141
6167+1 SECTION 84. IC 6-1.1-51.3 IS ADDED TO THE INDIANA CODE
6168+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6169+3 JANUARY 1, 2025 (RETROACTIVE)]:
6170+4 Chapter 51.3 Local Property Tax Credits
6171+5 Sec. 0.5. Each credit against local property taxes to which an
6172+6 individual is entitled for a particular year under this chapter shall
6173+7 be applied to an individual's property tax liability for the year after
6174+8 the application of any credit under IC 6-1.1-20.6-7.5, but before
6175+9 application of any other credits under this article or IC 6-3.6.
6176+10 Sec. 1. (a) An individual is entitled to a credit against local
6177+11 property taxes imposed on the individual's real property, or mobile
6178+12 home or manufactured home within the county, if:
6179+13 (1) the individual is at least sixty-five (65) years of age on or
6180+14 before December 31 of the calendar year preceding the year
6181+15 in which the credit is claimed;
6182+16 (2) the individual has owned the real property, mobile home,
6183+17 or manufactured home for at least one (1) year before
6184+18 claiming the credit; or the individual has been buying the real
6185+19 property, mobile home, or manufactured home under a
6186+20 contract that provides that the individual is to pay the
6187+21 property taxes on the real property, mobile home, or
6188+22 manufactured home for at least one (1) year before claiming
6189+23 the credit, and the contract or a memorandum of the contract
6190+24 is recorded in the county recorder's office;
6191+25 (3) the individual:
6192+26 (A) owns the real property, mobile home, or manufactured
6193+27 home; or
6194+28 (B) is buying the real property, mobile home, or
6195+29 manufactured home under contract;
6196+30 on the date the credit is claimed; and
6197+31 (4) the:
6198+32 (A) individual had, in the case of an individual who filed a
6199+33 single return, adjusted gross income (as defined in Section
6200+34 62 of the Internal Revenue Code) not exceeding sixty
6201+35 thousand dollars ($60,000);
6202+36 (B) individual had, in the case of an individual who filed a
6203+37 joint income tax return with the individual's spouse,
6204+38 combined adjusted gross income (as defined in Section 62
6205+39 of the Internal Revenue Code) not exceeding seventy
6206+40 thousand dollars ($70,000); or
6207+41 (C) combined adjusted gross income (as defined in Section
6208+42 62 of the Internal Revenue Code) of the individual and all
6209+ES 1—LS 7244/DI 120 142
6210+1 other individuals with whom:
6211+2 (i) the individual shares ownership; or
6212+3 (ii) the individual is purchasing the property under a
6213+4 contract;
6214+5 as joint tenants or tenants in common did not exceed
6215+6 seventy thousand dollars ($70,000);
6216+7 for the calendar year preceding by two (2) years the calendar
6217+8 year in which the property taxes are first due and payable.
6218+9 (b) The amount of the credit is equal to one hundred fifty dollars
6219+10 ($150).
6220+11 (c) An individual may not be denied the credit provided under
6221+12 this section because the individual is absent from the real property,
6222+13 mobile home, or manufactured home while in a nursing home or
6223+14 hospital.
6224+15 (d) For purposes of this section, if real property, a mobile home,
6225+16 or a manufactured home is owned by:
6226+17 (1) tenants by the entirety;
6227+18 (2) joint tenants; or
6228+19 (3) tenants in common;
6229+20 only one (1) credit may be allowed. However, the age requirement
6230+21 is satisfied if any one (1) of the tenants is at least sixty-five (65)
6231+22 years of age.
6232+23 (e) A surviving spouse is entitled to the credit provided by this
6233+24 section if:
6234+25 (1) the surviving spouse is at least sixty (60) years of age on or
6235+26 before December 31 of the calendar year preceding the year
6236+27 in which the credit is claimed;
6237+28 (2) the surviving spouse's deceased husband or wife was at
6238+29 least sixty-five (65) years of age at the time of a death; and
6239+30 (3) the surviving spouse has not remarried.
6240+31 (f) An individual who has sold real property to another person
6241+32 under a contract that provides that the contract buyer is to pay the
6242+33 property taxes on the real property may not claim the credit
6243+34 provided under this section against that real property.
6244+35 (g) If individuals share ownership or are purchasing the
6245+36 property under a contract as joint tenants or tenants in common
6246+37 and all of the tenants are not at least sixty-five (65) years of age, the
6247+38 credit allowed under this section shall be reduced by an amount
6248+39 equal to the credit multiplied by a fraction. The numerator of the
6249+40 fraction is the number of tenants who are not at least sixty-five (65)
6250+41 years of age, and the denominator is the total number of tenants.
6251+42 (h) An individual wishing to claim a credit under this section
6252+ES 1—LS 7244/DI 120 143
6253+1 must file a statement, on forms prescribed by the department of
6254+2 local government finance, with the county auditor and provide
6255+3 documentation necessary to substantiate the individual's eligibility
6256+4 for the credit. The statement must be completed and dated on or
6257+5 before January 15 of the calendar year in which the property taxes
6258+6 are first due and payable. The statement may be filed in person or
6259+7 by mail. If mailed, the mailing must be postmarked on or before
6260+8 the last day for filing. An individual who remains eligible for the
6261+9 credit in the following year is not required to file a statement to
6262+10 apply for the credit in the following year. However, an individual
6263+11 who receives a credit under this section in a particular year and
6264+12 who becomes ineligible for the credit in the following year shall
6265+13 notify the auditor of the county in which the homestead is located
6266+14 of the individual's ineligibility not later than sixty (60) days after
6267+15 the individual becomes ineligible.
6268+16 Sec. 2. (a) An individual is entitled to a credit against local
6269+17 property taxes imposed on the individual's real property, or mobile
6270+18 home or manufactured home within the county, if:
6271+19 (1) the individual is blind or the individual has a disability;
6272+20 (2) the real property, mobile home, or manufactured home is
6273+21 principally used and occupied by the individual as the
6274+22 individual's residence; and
6275+23 (3) the individual:
6276+24 (A) owns the real property, mobile home, or manufactured
6277+25 home; or
6278+26 (B) is buying the real property, mobile home, or
6279+27 manufactured home under contract;
6280+28 on the date the credit is claimed, and in the case of clause (B),
6281+29 the contract or a memorandum of the contract is recorded in
6282+30 the county recorder's office.
6283+31 (b) The amount of the credit is equal to one hundred twenty-five
6284+32 dollars ($125).
6285+33 (c) For purposes of this section, "blind" has the same meaning
6286+34 as the definition contained in IC 12-7-2-21(1).
6287+35 (d) For purposes of this section, "individual with a disability"
6288+36 means a person unable to engage in any substantial gainful activity
6289+37 by reason of a medically determinable physical or mental
6290+38 impairment which:
6291+39 (1) can be expected to result in death; or
6292+40 (2) has lasted or can be expected to last for a continuous
6293+41 period of not less than twelve (12) months.
6294+42 (e) An individual with a disability filing a claim under this
6295+ES 1—LS 7244/DI 120 144
6296+1 section shall submit proof of the disability. Proof that a claimant is
6297+2 eligible to receive disability benefits under the federal Social
6298+3 Security Act (42 U.S.C. 301 et seq.) shall constitute proof of
6299+4 disability for purposes of this section.
6300+5 (f) An individual with a disability not covered under the federal
6301+6 Social Security Act shall be examined by a physician and the
6302+7 individual's status as an individual with a disability determined by
6303+8 using the same standards as used by the Social Security
6304+9 Administration. The costs of this examination shall be borne by the
6305+10 claimant.
6306+11 (g) An individual who receives the credit provided by this
6307+12 section may not receive the credit provided by IC 6-1.1-20.6-8.5.
6308+13 However, the individual may receive any other property tax credit
6309+14 that the individual is entitled to by law.
6310+15 (h) An individual who has sold real property, a mobile home not
6311+16 assessed as real property, or a manufactured home not assessed as
6312+17 real property to another person under a contract that provides that
6313+18 the contract buyer is to pay the property taxes on the real
6314+19 property, mobile home, or manufactured home may not claim the
6315+20 credit provided under this section against that real property,
6316+21 mobile home, or manufactured home.
6317+22 (i) An individual wishing to claim a credit under this section
6318+23 must file a statement, on forms prescribed by the department of
6319+24 local government finance, with the county auditor and provide
6320+25 documentation necessary to substantiate the individual's eligibility
6321+26 for the credit. The statement must be completed and dated on or
6322+27 before January 15 of the calendar year in which the property taxes
6323+28 are first due and payable. The statement may be filed in person or
6324+29 by mail. If mailed, the mailing must be postmarked on or before
6325+30 the last day for filing. An individual who remains eligible for the
6326+31 credit in the following year is not required to file a statement to
6327+32 apply for the credit in the following year. However, an individual
6328+33 who receives a credit under this section in a particular year and
6329+34 who becomes ineligible for the credit in the following year shall
6330+35 notify the auditor of the county in which the homestead is located
6331+36 of the individual's ineligibility not later than sixty (60) days after
6332+37 the individual becomes ineligible.
6333+38 Sec. 3. (a) An individual is entitled to a credit against local
6334+39 property taxes imposed on the individual's real property, or mobile
6335+40 home or manufactured home within the county, if:
6336+41 (1) the individual served in the military or naval forces of the
6337+42 United States for at least ninety (90) days;
6338+ES 1—LS 7244/DI 120 145
6339+1 (2) the individual received an honorable discharge;
6340+2 (3) the individual either:
6341+3 (A) has a total disability; or
6342+4 (B) is at least sixty-two (62) years of age and has a
6343+5 disability of at least ten percent (10%);
6344+6 (4) the individual's disability is evidenced by:
6345+7 (A) a pension certificate or an award of compensation
6346+8 issued by the United States Department of Veterans
6347+9 Affairs; or
6348+10 (B) a certificate of eligibility issued to the individual by the
6349+11 Indiana department of veterans' affairs after the Indiana
6350+12 department of veterans' affairs has determined that the
6351+13 individual's disability qualifies the individual to receive a
6352+14 credit under this section; and
6353+15 (5) the individual:
6354+16 (A) owns the real property, mobile home, or manufactured
6355+17 home; or
6356+18 (B) is buying the real property, mobile home, or
6357+19 manufactured home under contract;
6358+20 on the date the credit is claimed, and in the case of clause (B),
6359+21 the contract or a memorandum of the contract is recorded in
6360+22 the county recorder's office.
6361+23 (b) The amount of the credit is equal to one hundred fifty dollars
6362+24 ($150).
6363+25 (c) The surviving spouse of an individual may receive the credit
6364+26 provided by this section if:
6365+27 (1) the individual satisfied the requirements of subsection
6366+28 (a)(1) through (a)(4) at the time of death; or
6367+29 (2) the individual:
6368+30 (A) was killed in action;
6369+31 (B) died while serving on active duty in the military or
6370+32 naval forces of the United States; or
6371+33 (C) died while performing inactive duty training in the
6372+34 military or naval forces of the United States; and
6373+35 the surviving spouse satisfies the requirement of subsection (a)(5)
6374+36 at the time the credit is claimed. The surviving spouse is entitled to
6375+37 the credit regardless of whether the property for which the credit
6376+38 is claimed was owned by the deceased veteran or the surviving
6377+39 spouse before the deceased veteran's death.
6378+40 (d) An individual who receives the credit provided by this
6379+41 section may not receive the credit provided by section 1 of this
6380+42 chapter. However, the individual may receive any other property
6381+ES 1—LS 7244/DI 120 146
6382+1 tax credit that the individual is entitled to by law.
6383+2 (e) An individual who has sold real property or a mobile home
6384+3 or manufactured home to another person under a contract that
6385+4 provides that the contract buyer is to pay the property taxes on the
6386+5 real property, mobile home, or manufactured home may not claim
6387+6 the credit provided under this section against that real property,
6388+7 mobile home, or manufactured home.
6389+8 (f) An individual wishing to claim a credit under this section
6390+9 must file a statement, on forms prescribed by the department of
6391+10 local government finance, with the county auditor and provide
6392+11 documentation necessary to substantiate the individual's eligibility
6393+12 for the credit. The statement must be completed and dated on or
6394+13 before January 15 of the calendar year in which the property taxes
6395+14 are first due and payable. The statement may be filed in person or
6396+15 by mail. If mailed, the mailing must be postmarked on or before
6397+16 the last day for filing. An individual who remains eligible for the
6398+17 credit in the following year is not required to file a statement to
6399+18 apply for the credit in the following year. However, an individual
6400+19 who receives a credit under this section in a particular year and
6401+20 who becomes ineligible for the credit in the following year shall
6402+21 notify the auditor of the county in which the homestead is located
6403+22 of the individual's ineligibility not later than sixty (60) days after
6404+23 the individual becomes ineligible.
6405+24 Sec. 4. (a) An individual is entitled to a credit against local
6406+25 property taxes imposed on the individual's real property, or mobile
6407+26 home or manufactured home within the county, if:
6408+27 (1) the individual served in the military or naval forces of the
6409+28 United States during any of its wars;
6410+29 (2) the individual received an honorable discharge;
6411+30 (3) the individual has a disability with a service connected
6412+31 disability of ten percent (10%) or more;
6413+32 (4) the individual's disability is evidenced by:
6414+33 (A) a pension certificate, an award of compensation, or a
6415+34 disability compensation check issued by the United States
6416+35 Department of Veterans Affairs; or
6417+36 (B) a certificate of eligibility issued to the individual by the
6418+37 Indiana department of veterans' affairs after the Indiana
6419+38 department of veterans' affairs has determined that the
6420+39 individual's disability qualifies the individual to receive a
6421+40 credit under this section; and
6422+41 (5) the individual:
6423+42 (A) owns the real property, mobile home, or manufactured
6424+ES 1—LS 7244/DI 120 147
6425+1 home; or
6426+2 (B) is buying the real property, mobile home, or
6427+3 manufactured home under contract;
6428+4 on the date the credit is claimed, and in the case of clause (B),
6429+5 the contract or a memorandum of the contract is recorded in
6430+6 the county recorder's office.
6431+7 (b) The amount of the credit is equal to two hundred fifty
6432+8 dollars ($250).
6433+9 (c) The surviving spouse of an individual may receive the credit
6434+10 provided by this section if the individual satisfied the requirements
6435+11 of subsection (a)(1) through (a)(4) at the time of death and the
6436+12 surviving spouse satisfies the requirement of subsection (a)(5) at
6437+13 the time the credit is claimed. The surviving spouse is entitled to
6438+14 the credit regardless of whether the property for which the credit
6439+15 is claimed was owned by the deceased veteran or the surviving
6440+16 spouse before the deceased veteran's death.
6441+17 (d) An individual who receives the credit provided by this
6442+18 section may not receive the credit provided by section 1 of this
6443+19 chapter. However, the individual may receive any other property
6444+20 tax credit that the individual is entitled to by law.
6445+21 (e) An individual who has sold real property or a mobile home
6446+22 or manufactured home to another person under a contract that
6447+23 provides that the contract buyer is to pay the property taxes on the
6448+24 real property, mobile home, or manufactured home may not claim
6449+25 the credit provided under this section against that real property,
6450+26 mobile home, or manufactured home.
6451+27 (f) An individual wishing to claim a credit under this section
6452+28 must file a statement, on forms prescribed by the department of
6453+29 local government finance, with the county auditor and provide
6454+30 documentation necessary to substantiate the individual's eligibility
6455+31 for the credit. The statement must be completed and dated on or
6456+32 before January 15 of the calendar year in which the property taxes
6457+33 are first due and payable. The statement may be filed in person or
6458+34 by mail. If mailed, the mailing must be postmarked on or before
6459+35 the last day for filing. An individual who remains eligible for the
6460+36 credit in the following year is not required to file a statement to
6461+37 apply for the credit in the following year. However, an individual
6462+38 who receives a credit under this section in a particular year and
6463+39 who becomes ineligible for the credit in the following year shall
6464+40 notify the auditor of the county in which the homestead is located
6465+41 of the individual's ineligibility not later than sixty (60) days after
6466+42 the individual becomes ineligible.
6467+ES 1—LS 7244/DI 120 148
6468+1 SECTION 85. IC 6-1.1-52 IS ADDED TO THE INDIANA CODE
6469+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6470+3 JULY 1, 2025]:
6471+4 Chapter 52. County Option Homestead Property Tax Deferral
6472+5 Program
6473+6 Sec. 1. As used in this chapter, "homestead" means a homestead
6474+7 as defined in IC 6-1.1-12-37.
6475+8 Sec. 2. As used in this chapter, "homestead property tax
6476+9 liability" refers to a liability for property taxes:
6477+10 (1) that are assessed on tangible property that is a homestead,
6478+11 including all tangible property, regardless of type, located in
6479+12 any parcel that contains the homestead; and
6480+13 (2) that would be first due and payable in a certain year if the
6481+14 property taxes were not deferred under this chapter.
6482+15 The term refers to a property tax liability after the application of
6483+16 all deductions and credits for which the homestead is eligible.
6484+17 Sec. 3. As used in this chapter, "property taxes" refers to ad
6485+18 valorem property taxes. The term does not include special
6486+19 assessments, fees, or charges that are included by law on a tax
6487+20 statement issued under IC 6-1.1-22-8.1 or IC 6-1.1-22.5.
6488+21 Sec. 4. As used in this chapter, "qualified individual" means an
6489+22 individual who:
6490+23 (1) has a qualified interest in a homestead on the assessment
6491+24 date for which homestead property tax liability is imposed;
6492+25 (2) has held a qualified interest in the homestead for at least
6493+26 five (5) years before first applying for a deferral of homestead
6494+27 property tax liability;
6495+28 (3) uses the homestead in which the individual has a qualified
6496+29 interest as the individual's principal place of residence. An
6497+30 individual shall be treated as using a homestead as the
6498+31 individual's principal place of residence if the individual:
6499+32 (A) is absent from the homestead while in a health care
6500+33 facility (as defined in IC 16-18-2-161 or IC 16-28-13-0.5)
6501+34 for which payment is received from the United States
6502+35 Department of Health and Human Services for the
6503+36 individual's care; but
6504+37 (B) used the homestead as the individual's principal place
6505+38 of residence immediately before being admitted to a health
6506+39 care facility (as defined in IC 16-18-2-161 or
6507+40 IC 16-28-13-0.5);
6508+41 (4) is not delinquent in the payment of any property taxes,
6509+42 special assessments, or fees or charges that are included by
6510+ES 1—LS 7244/DI 120 149
6511+1 law on a tax statement issued under IC 6-1.1-22-8.1 or
6512+2 IC 6-1.1-22.5; and
6513+3 (5) meets any other qualifications that a county may choose to
6514+4 require in an ordinance adopted under this chapter, which
6515+5 may include:
6516+6 (A) an age requirement for senior citizens;
6517+7 (B) an assessed value limitation (such as an assessed value
6518+8 limit of three hundred thousand dollars ($300,000));
6519+9 (C) veteran status; or
6520+10 (D) an income based limitation.
6521+11 Sec. 5. As used in this chapter, "qualified interest" means the
6522+12 following:
6523+13 (1) An ownership interest in a homestead.
6524+14 (2) An interest in a contract for the purchase of a homestead
6525+15 that:
6526+16 (A) is recorded in the county recorder's office; and
6527+17 (B) provides that a person purchasing the homestead is to
6528+18 pay the property taxes on the homestead.
6529+19 Sec. 6. (a) A county fiscal body may adopt an ordinance to
6530+20 establish a homestead property tax deferral program to be
6531+21 administered by the county treasurer as provided in this chapter.
6532+22 (b) An ordinance adopted under this section must apply to all of
6533+23 the territory of the county and allow a qualified individual to apply
6534+24 for and receive deferral of the qualified individual's homestead
6535+25 property tax liability as set forth in this chapter.
6536+26 (c) For a homestead property tax deferral program to be first
6537+27 applicable to property taxes first due and payable in a particular
6538+28 calendar year, the county fiscal body must adopt the ordinance to
6539+29 establish the homestead property tax deferral program not later
6540+30 than November 1 of the immediately preceding calendar year.
6541+31 Sec. 7. (a) Beginning with property taxes first due and payable
6542+32 in 2026, and subject to subsection (g), a qualified individual in a
6543+33 county with a homestead property tax deferral program may apply
6544+34 to the county auditor to defer the due date for the qualified
6545+35 individual's homestead property tax liability as permitted under
6546+36 this chapter.
6547+37 (b) A qualified individual may defer at least one hundred dollars
6548+38 ($100), but not more than five hundred dollars ($500), of the
6549+39 qualified individual's homestead property tax liability in a given
6550+40 calendar year.
6551+41 (c) Except as provided in subsections (d) and (f), amounts
6552+42 deferred under this chapter for prior years may continue to
6553+ES 1—LS 7244/DI 120 150
6554+1 accumulate until the delayed due date under this chapter.
6555+2 (d) A qualified individual may not defer more than ten thousand
6556+3 dollars ($10,000) of the qualified individual's homestead property
6557+4 tax liability over consecutive years.
6558+5 (e) The county treasurer may accrue interest on a qualified
6559+6 individual's deferred tax balance amount on a monthly basis not to
6560+7 exceed four percent (4%) beginning on the date of the deferral.
6561+8 (f) No deferral of homestead property tax liability shall be
6562+9 granted if the total amount of deferred taxes under this chapter
6563+10 plus the total amount of all other liens on the homestead property
6564+11 plus the outstanding principal on all mortgages on the homestead
6565+12 property exceed one hundred percent (100%) of the homestead's
6566+13 assessed value.
6567+14 (g) To be eligible for the homestead property tax deferral
6568+15 program, a qualified individual must:
6569+16 (1) submit with the homestead property tax deferral program
6570+17 application the written approval of any holder of a lien on the
6571+18 homestead property; and
6572+19 (2) agree to not pay the individual's remaining non-deferred
6573+20 payments by escrow.
6574+21 Sec. 8. (a) Before October 1, 2025, the department of local
6575+22 government finance shall prescribe and make available to the
6576+23 public a tax deferral loan application and agreement that must be
6577+24 used for purposes of this chapter.
6578+25 (b) A qualified individual wishing to obtain a deferral of
6579+26 homestead property tax liability for a calendar year must file with
6580+27 the county auditor a completed loan application on or before
6581+28 January 15 of the calendar year in which the property taxes are
6582+29 first due and payable and enter into a tax deferral agreement with
6583+30 the county auditor before March 1 of that year. Any recording fees
6584+31 required by a county recorder to file the application shall be paid
6585+32 by the taxpayer.
6586+33 (c) An application for a deferral must be filed with the county
6587+34 auditor in the county where the homestead is located. Upon the
6588+35 filing of an application, the county auditor shall immediately:
6589+36 (1) notify the county treasurer and transmit the information
6590+37 that the county treasurer needs to match the application with
6591+38 the county treasurer's records related to the homestead; and
6592+39 (2) review the application to determine:
6593+40 (A) whether the applicant qualifies for a deferral; and
6594+41 (B) the amount that may be deferred.
6595+42 (d) After an initial application, an applicant remains eligible for
6596+ES 1—LS 7244/DI 120 151
6597+1 a deferral in subsequent years so long as the applicant continues to
6598+2 meet the eligibility requirements for deferral under this chapter.
6599+3 Sec. 9. (a) If the applicant is qualified for a deferral, the county
6600+4 auditor shall:
6601+5 (1) approve the deferral in the lesser of:
6602+6 (A) the amount requested by the applicant, which may not
6603+7 be less than one hundred dollars ($100); or
6604+8 (B) the maximum amount, which is five hundred dollars
6605+9 ($500);
6606+10 (2) provide for the recording of the deferral in the county
6607+11 recorder's office specifying the amount of property tax
6608+12 deferred; and
6609+13 (3) notify the county treasurer and the department of local
6610+14 government finance of the amount deferred.
6611+15 (b) An applicant must enter into a tax deferral agreement with
6612+16 the county auditor for each year that homestead property taxes are
6613+17 deferred under this chapter.
6614+18 (c) The recording of a deferral in the county recorder's office
6615+19 shall constitute a lien on the homestead property.
6616+20 Sec. 10. (a) Property taxes deferred under this chapter are due
6617+21 and payable one hundred eighty (180) days after the date on which
6618+22 a deferral termination event occurs.
6619+23 (b) Subject to subsection (c), a deferral termination event occurs
6620+24 on the earlier of the following dates:
6621+25 (1) The first date on which the qualified individual who had a
6622+26 qualified interest in the homestead when the property taxes
6623+27 were deferred:
6624+28 (A) ceases to use the homestead as the individual's
6625+29 principal place of residence as provided in section 4(3) of
6626+30 this chapter; or
6627+31 (B) no longer has a qualified interest in the homestead.
6628+32 (2) The date of the death of the qualified individual who had
6629+33 a qualified interest in the homestead when property taxes
6630+34 were deferred.
6631+35 (c) This subsection applies only to a surviving spouse who was
6632+36 not a qualified individual on the date on which property taxes were
6633+37 deferred. If a deceased individual was a qualified individual on the
6634+38 date on which property taxes were deferred, the deceased
6635+39 individual's surviving spouse shall be treated after the deceased
6636+40 individual's death as if the surviving spouse had been a qualified
6637+41 individual on the date on which property taxes were deferred if:
6638+42 (1) the homestead was the surviving spouse's principal place
6639+ES 1—LS 7244/DI 120 152
6640+1 of residence when the deceased qualified individual died; and
6641+2 (2) the surviving spouse has a qualified interest in the
6642+3 homestead not later than the later of:
6643+4 (A) the date of the deceased individual's death; or
6644+5 (B) the date on which the estate of the deceased individual
6645+6 transfers any part of the ownership of the homestead from
6646+7 the estate.
6647+8 Sec. 11. Deferred property taxes and accrued interest may be
6648+9 paid at any time on or before the delayed due date under section 10
6649+10 of this chapter. Payment of deferred property taxes after the
6650+11 delayed due date shall be collected in the same manner as
6651+12 delinquent property taxes.
6652+13 Sec. 12. (a) If a payment of deferred property taxes is made, the
6653+14 county treasurer shall notify the county auditor, the county
6654+15 recorder, and the state board of accounts on the form and in the
6655+16 manner prescribed by the state board of accounts. Notice to the
6656+17 county recorder must be in the form of a release of the lien on the
6657+18 homestead for the deferred property taxes. Any payment of
6658+19 deferred property taxes made within a particular installment
6659+20 period must be delineated by taxing district throughout the
6660+21 settlement process.
6661+22 (b) When payment of deferred property taxes is made, the
6662+23 deferred property taxes shall be apportioned and distributed
6663+24 among the respective funds of the taxing units in the same manner
6664+25 as other property taxes are apportioned and distributed in the
6665+26 calendar year in which the payment of deferred property taxes is
6666+27 made.
6667+28 Sec. 13. Whenever an individual who is a qualified individual on
6668+29 an assessment date for which property taxes were deferred:
6669+30 (1) ceases to use the homestead as the individual's principal
6670+31 place of residence as provided in section 4(3) of this chapter;
6671+32 (2) ceases to have a qualified interest in the homestead; or
6672+33 (3) changes the individual's qualified interest in the
6673+34 homestead;
6674+35 or a surviving spouse becomes a qualified individual, a person
6675+36 responsible for paying the property taxes on the homestead shall
6676+37 notify the county auditor in the county where the homestead is
6677+38 located on the form and in the manner prescribed by the
6678+39 department of local government finance. The county auditor shall
6679+40 review the information filed under this section to determine
6680+41 whether a deferral termination event has occurred.
6681+42 Sec. 14. (a) If, as the result of the filing of information with the
6682+ES 1—LS 7244/DI 120 153
6683+1 county auditor or on the county auditor's own motion, the county
6684+2 auditor determines that a deferral termination event has occurred,
6685+3 the county auditor shall notify the county treasurer, the county
6686+4 recorder, and the department of local government finance on the
6687+5 form and in the manner prescribed by the department of local
6688+6 government finance.
6689+7 (b) A county auditor shall give written notice of each
6690+8 determination under this chapter to the qualified individuals for
6691+9 the affected homestead.
6692+10 Sec. 15. The county recorder shall record the following without
6693+11 charge in the miscellaneous records of the county recorder:
6694+12 (1) A statement of the amount of property tax deferred.
6695+13 (2) A statement of payment of deferred property taxes.
6696+14 (3) A notice of termination of a deferral.
6697+15 SECTION 86. IC 6-3-2-27.5, AS ADDED BY P.L.194-2023,
6698+16 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6699+17 JULY 1, 2027]: Sec. 27.5. (a) As used in this section, "compensation"
6700+18 means any wages, salaries, tips, or similar income that is subject to the
6701+19 withholding requirements under IC 6-3-4-8, or would otherwise be
6702+20 subject to the withholding requirements under IC 6-3-4-8 if not for the
6703+21 application of:
6704+22 (1) IC 6-3-4-8(d);
6705+23 (2) IC 6-3-5; or
6706+24 (3) this section.
6707+25 (b) As used in this section, "professional athlete" means:
6708+26 (1) an athlete, other than a team member (as defined in section
6709+27 2.7(a)(4) of this chapter) or a race team member (as defined in
6710+28 section 3.2(a)(4) of this chapter), who performs services in a
6711+29 professional athletic event for compensation;
6712+30 (2) a team member (as defined in section 2.7(a)(4) of this chapter)
6713+31 who has at least one (1) duty day in Indiana during a taxable year;
6714+32 or
6715+33 (3) a race team member (as defined in section 3.2(a)(4) of this
6716+34 chapter) who has at least one (1) duty day in Indiana during a
6717+35 taxable year.
6718+36 (c) As used in this section, "professional entertainer" means a
6719+37 person who performs services in the professional performing arts for
6720+38 compensation on a per-event basis.
6721+39 (d) As used in this section, "public figure" means a person of
6722+40 prominence who performs services at discrete events, including
6723+41 speeches, public appearances, and similar events, for compensation on
6724+42 a per-event basis.
6725+ES 1—LS 7244/DI 120 154
6726+1 (e) As used in this section, "time and attendance system" means a
6727+2 system:
6728+3 (1) through which an employee is required, on a contemporaneous
6729+4 basis, to record the employee's work location for each day worked
6730+5 outside the state in which the employee's employment duties are
6731+6 primarily performed; and
6732+7 (2) which is designed to allow the employer to allocate the
6733+8 employee's compensation for income tax purposes among all
6734+9 states in which the employee performs employment duties.
6735+10 (f) Except as provided in subsection (j), compensation is exempt
6736+11 from the adjusted gross income tax imposed under this article and
6737+12 IC 6-3.6 if all of the following conditions are met:
6738+13 (1) The individual is not a resident of Indiana at any time during
6739+14 the calendar year in which the employee performs employment
6740+15 duties.
6741+16 (2) The individual receives compensation for employment duties
6742+17 performed by the individual in Indiana for thirty (30) days or less
6743+18 during the calendar year.
6744+19 (3) The compensation is not paid for employment duties
6745+20 performed by the individual in the individual's capacity as a
6746+21 professional athlete, professional entertainer, or public figure.
6747+22 (g) Except as otherwise provided in this section, an employer is not
6748+23 required to withhold taxes imposed under this article or IC 6-3.6 from
6749+24 compensation paid to an employee described in subsection (f).
6750+25 However, if the number of days that an employee performs
6751+26 employment duties in Indiana exceeds thirty (30) days, the employer
6752+27 shall withhold and remit tax to the state of Indiana from all
6753+28 compensation paid to the employee for every day on which the
6754+29 employee performed employment duties in Indiana, including the first
6755+30 thirty (30) days.
6756+31 (h) The department may not require payment of any penalties
6757+32 otherwise applicable for a failure to deduct and withhold income taxes
6758+33 under IC 6-3-4-8, if, when making the determination of whether
6759+34 withholding was required, either of the following applied:
6760+35 (1) The employer relied on a time and attendance system
6761+36 maintained by the employer specifically designed to allocate
6762+37 employee wages for income tax purposes among all taxing
6763+38 jurisdictions in which the employee performs employment duties
6764+39 for the employer.
6765+40 (2) The employer did not maintain a time and attendance system
6766+41 and the employer relied on the employee's annual determination
6767+42 of the time the employee expected to spend performing
6768+ES 1—LS 7244/DI 120 155
6769+1 employment duties in Indiana, if:
6770+2 (A) the employer did not have actual knowledge of fraud on
6771+3 the part of the employee in making the determination; and
6772+4 (B) the employer and the employee did not collude to evade
6773+5 taxation in making the determination.
6774+6 An employer's maintaining of records as described in subdivision (1)
6775+7 does not preclude an employer's ability to rely on an employee's
6776+8 determination of the time the employee expected to spend performing
6777+9 employment duties in Indiana as described in subdivision (2) when
6778+10 making the determination of whether withholding is required.
6779+11 (i) For purposes of this section:
6780+12 (1) subject to subdivision (3), an employee shall be considered
6781+13 present and performing employment duties within Indiana if the
6782+14 employee performs more of the employee's employment duties
6783+15 within Indiana than in any other state during a particular day;
6784+16 (2) any portion of the day during which an employee is in transit
6785+17 may not be considered in determining the location of the
6786+18 employee's performance of employment duties; and
6787+19 (3) if an employee performs employment duties in the employee's
6788+20 state of residence and in only one (1) nonresident state during a
6789+21 particular day, the employee shall be considered to have
6790+22 performed more of the employee's employment duties in the
6791+23 nonresident state than in the state of residence for that day.
6792+24 (j) The following apply for purposes of this section:
6793+25 (1) If an individual receives compensation for employment duties
6794+26 performed by the individual both:
6795+27 (A) in the individual's capacity as a professional athlete,
6796+28 professional entertainer, or public figure; and
6797+29 (B) in some capacity other than the individual's capacity as a
6798+30 professional athlete, professional entertainer, or public figure;
6799+31 the exemption under this section may not be applied to the portion
6800+32 of compensation described in clause (B).
6801+33 (2) If an employee is working at a location other than a physical
6802+34 location of the employer, the employee shall be considered to be
6803+35 working in the state or states in which the services for the
6804+36 employer are performed, regardless of the physical location of the
6805+37 employer.
6806+38 (3) If an individual performs employment duties in Indiana for
6807+39 more than thirty (30) days during a calendar year, compensation
6808+40 received by the individual is not eligible for the exemption under
6809+41 this section.
6810+42 (4) If an individual performs substantially similar job duties for an
6811+ES 1—LS 7244/DI 120 156
6812+1 employer both while designated as an employee and in some
6813+2 capacity other than as an employee during a calendar year, the
6814+3 number of days for which the individual shall be considered to
6815+4 have worked in Indiana with regard to that employer must be
6816+5 determined by aggregating the days for which the individual
6817+6 performed duties for the employer, whether designated as an
6818+7 employee or not.
6819+8 (5) If an employer or individual reasonably believes that an
6820+9 individual is an employee for a calendar year but the individual is
6821+10 later determined to not be an employee, the individual:
6822+11 (A) is subject to tax under this article and IC 6-3.6 on any
6823+12 income that otherwise would have been exempt under this
6824+13 section; and
6825+14 (B) is not subject to penalties under IC 6-3-4-4.1 or
6826+15 IC 6-8.1-10-2.1 based on the inclusion of amounts claimed as
6827+16 exempt under this section as income.
6828+17 (6) If an individual is not a resident of Indiana, amounts paid for
6829+18 vacation, sick, personal, or any other type of leave may not be
6830+19 considered as compensation in Indiana, and any day for which a
6831+20 type of leave is used may not be considered as a day for which the
6832+21 individual performed services for an employer unless the
6833+22 individual performed services for the employer in Indiana on that
6834+23 day and the day would otherwise be counted as a day of services
6835+24 performed in Indiana under this section.
6836+25 (7) The exemption provided under this section shall not apply to
6837+26 an individual's compensation that is deferred or delayed from a
6838+27 previous calendar year to a subsequent calendar year unless:
6839+28 (A) the individual was exempt from taxation under this section
6840+29 on the compensation for the calendar year in which the
6841+30 compensation was earned; and
6842+31 (B) the individual is not a resident of Indiana when the
6843+32 individual includes the compensation in the individual's
6844+33 federal gross income.
6845+34 (k) Nothing in this section may be construed to prevent an
6846+35 individual from being considered a local taxpayer (as defined in
6847+36 IC 6-3.6-2-13(2)), (as defined in IC 6-3.6), regardless of whether the
6848+37 individual's compensation is exempt under this section.
6849+38 SECTION 87. IC 6-3.5-4-1, AS AMENDED BY P.L.256-2017,
6850+39 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6851+40 JULY 1, 2027]: Sec. 1. The following definitions apply throughout this
6852+41 chapter:
6853+42 (1) "Adopting entity" means either the county council or the local
6854+ES 1—LS 7244/DI 120 157
6855+1 income tax council established by IC 6-3.6-3-1 for the county,
6856+2 whichever adopts an ordinance to impose a surtax first. the
6857+3 adopting body specified in IC 6-3.6-3-1(a).
6858+4 (2) "County council" includes the city-county council of a county
6859+5 that contains a consolidated city of the first class.
6860+6 (3) "Vehicle" has the meaning set forth in IC 6-6-5-1(b).
6861+7 (4) "Net vehicle excise tax" means the tax due under IC 6-6-5
6862+8 after the application of the adjustments and credits provided by
6863+9 that chapter.
6864+10 (5) "Surtax" means the county vehicle excise tax imposed by an
6865+11 adopting entity under this chapter.
6866+12 (6) "Transportation asset management plan" includes planning for
6867+13 drainage systems and rights-of-way that affect transportation
6868+14 assets.
6869+15 SECTION 88. IC 6-3.5-4-1.1, AS AMENDED BY P.L.197-2016,
6870+16 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6871+17 JULY 1, 2027]: Sec. 1.1. For purposes of acting as the adopting entity
6872+18 under this chapter, a local income tax council is comprised of the same
6873+19 members as the local income tax council that is established by
6874+20 IC 6-3.6-3-1 for the county. The local income tax council adopting
6875+21 entity shall use the same procedures that apply under IC 6-3.6-3 when
6876+22 acting as an adopting entity under this chapter.
6877+23 SECTION 89. IC 6-3.5-5-1, AS AMENDED BY P.L.256-2017,
6878+24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6879+25 JULY 1, 2027]: Sec. 1. The following definitions apply throughout this
6880+26 chapter:
6881+27 (1) "Adopting entity" means either the county council or the local
6882+28 income tax council established by IC 6-3.6-3-1 for the county,
6883+29 whichever adopts an ordinance to impose a wheel tax first. the
6884+30 adopting body specified in IC 6-3.6-3-1(a).
6885+31 (2) "Bus" has the meaning set forth in IC 9-13-2-17.
6886+32 (3) "Commercial vehicle" has the meaning set forth in
6887+33 IC 6-6-5.5-1(b).
6888+34 (4) "County council" includes the city-county council of a county
6889+35 that contains a consolidated city of the first class.
6890+36 (5) "In-state miles" has the meaning set forth in IC 6-6-5.5-1(b).
6891+37 (6) "Political subdivision" has the meaning set forth in
6892+38 IC 34-6-2-110.
6893+39 (7) "Recreational vehicle" has the meaning set forth in
6894+40 IC 9-13-2-150.
6895+41 (8) "School bus" has the meaning set forth in IC 9-13-2-161(a).
6896+42 (9) "Semitrailer" has the meaning set forth in IC 9-13-2-164(a).
6897+ES 1—LS 7244/DI 120 158
6898+1 (10) "State agency" has the meaning set forth in IC 34-6-2-141.
6899+2 (11) "Tractor" has the meaning set forth in IC 9-13-2-180.
6900+3 (12) "Trailer" has the meaning set forth in IC 9-13-2-184(a).
6901+4 (13) "Transportation asset management plan" includes planning
6902+5 for drainage systems and rights-of-way that affect transportation
6903+6 assets.
6904+7 (14) "Truck" has the meaning set forth in IC 9-13-2-188(a).
6905+8 (15) "Wheel tax" means the tax imposed under this chapter.
6906+9 SECTION 90. IC 6-3.5-5-1.1, AS AMENDED BY P.L.197-2016,
6907+10 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6908+11 JULY 1, 2027]: Sec. 1.1. For purposes of acting as the adopting entity
6909+12 under this chapter, a local income tax council is comprised of the same
6910+13 members as the local income tax council that is established by
6911+14 IC 6-3.6-3-1 for the county. The local income tax council adopting
6912+15 entity shall use the same procedures that apply under IC 6-3.6-3 when
6913+16 acting as an adopting entity under this chapter.
6914+17 SECTION 91. IC 6-3.6-1-1, AS AMENDED BY P.L.130-2018,
6915+18 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6916+19 JULY 1, 2027]: Sec. 1. (a) The purpose of this article is to consolidate
6917+20 and simplify the various local income tax laws (referred to as a "former
6918+21 tax" in this article) that are in effect on May 1, 2016, into a uniform law
6919+22 that transitions each county from the former taxes to the tax governed
6920+23 by this article.
6921+24 (b) Notwithstanding the effective date of the repeal of the former tax
6922+25 laws on January 1, 2017, an adopting body may not adopt any
6923+26 ordinances under a former tax after June 30, 2016. In addition,
6924+27 notwithstanding the effective date of this article being July 1, 2015, an
6925+28 adopting body may not take any action under this article before July 1,
6926+29 2016.
6927+30 (c) To carry out the transition, the office of management and budget,
6928+31 along with the appropriate state agencies and in cooperation with each
6929+32 county, shall do the following:
6930+33 (1) Document all terms, conditions, limitations, and obligations
6931+34 that exist under the former taxes.
6932+35 (2) Categorize the tax rate under the former taxes into the
6933+36 appropriate tax rate or rates under this article to provide revenue
6934+37 for all the same purposes for which revenue under a former tax
6935+38 was used in 2016, except to the extent required under this article
6936+39 and to the extent that an adopting body takes action under this
6937+40 article after June 30, 2016, to change the purposes and allocation
6938+41 of the revenue as permitted under this article. Matching the
6939+42 purposes of a former tax to the purposes under this article,
6940+ES 1—LS 7244/DI 120 159
6941+1 including the apportionment, allocation, and distribution of
6942+2 revenue under this article shall be accomplished by using the best
6943+3 information available. These purposes include, but are not limited
6944+4 to, one (1) or more of the following:
6945+5 (A) Property tax credits using the options set forth in
6946+6 IC 6-3.6-5 (before its expiration). This categorization is
6947+7 limited to former tax rates that were dedicated to providing
6948+8 credits against property taxes under IC 6-3.5-1.1-26 (repealed),
6949+9 IC 6-3.5-6 (repealed), or IC 6-3.5-7 (repealed).
6950+10 (B) School corporation distributions and additional revenue.
6951+11 All former tax rates not used for a specified project or
6952+12 categorized under clause (A) shall be categorized under
6953+13 IC 6-3.6-6 using the former tax rates or dollar amounts that
6954+14 were dedicated for school corporation distributions, public
6955+15 safety, economic development, and certified shares.
6956+16 (C) A special purpose project (IC 6-3.6-7) using the former tax
6957+17 rate that was dedicated to the project.
6958+18 (d) The transition under this article shall be completed by August 1,
6959+19 2016, for purposes of local government budgets for 2017 and for
6960+20 purposes of the distribution and allocation of revenue under this article
6961+21 after December 31, 2016.
6962+22 SECTION 92. IC 6-3.6-1-1.5, AS ADDED BY P.L.197-2016,
6963+23 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6964+24 JULY 1, 2027]: Sec. 1.5. (a) In counties that adopted a homestead
6965+25 credit under IC 6-3.5-6-13 (before its repeal January 1, 2017), the
6966+26 transition from the former taxes to the taxes governed under this article
6967+27 shall include the transition of the homestead credit under IC 6-3.5-6-13
6968+28 (before its repeal January 1, 2017) to a property tax relief rate under
6969+29 IC 6-3.6-5 (before its expiration).
6970+30 (b) To accomplish the transition under this section, the department
6971+31 of local government finance shall determine the portion of the income
6972+32 tax rate under IC 6-3.5-6-8 (before its repeal January 1, 2017) that is
6973+33 attributable to the homestead credit approved under IC 6-3.5-6-13
6974+34 (before its repeal January 1, 2017) and shall allocate that portion of the
6975+35 income tax rate that is attributable to the homestead credit under
6976+36 IC 6-3.5-6-13 (before its repeal January 1, 2017) to the property tax
6977+37 relief rate under IC 6-3.6-5 (before its expiration).
6978+38 (c) The department of local government finance shall notify each
6979+39 affected county of the rate that will be allocated to the property tax
6980+40 relief rate not later than July 1, 2016. In addition, the department of
6981+41 local government finance shall notify the state budget agency of the
6982+42 transition under this section.
6983+ES 1—LS 7244/DI 120 160
6984+1 (d) The approval of the local income tax council is not required for
6985+2 the transition of the homestead credit under IC 6-3.5-6-13 (before its
6986+3 repeal January 1, 2017) to a property tax relief rate as set forth in this
6987+4 section.
6988+5 (d) This section expires July 1, 2028.
6989+6 SECTION 93. IC 6-3.6-1-3, AS AMENDED BY P.L.197-2016,
6990+7 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6991+8 JULY 1, 2027]: Sec. 3. (a) Except to the extent that taxes imposed in
6992+9 a county under or determined under:
6993+10 (1) IC 6-3.5-1.1 (repealed);
6994+11 (2) IC 6-3.5-1.5 (repealed);
6995+12 (3) IC 6-3.5-6 (repealed); or
6996+13 (4) IC 6-3.5-7 (repealed);
6997+14 are increased, decreased, or rescinded under this article, the total tax
6998+15 rate in effect in a county under the provisions described in subdivisions
6999+16 (1) through (4) on May 1, 2016, continue in effect after May 1, 2016,
7000+17 and shall be treated as taxes imposed under this article.
7001+18 (b) Notwithstanding subsection (a) or any other provision of this
7002+19 article, a property tax relief rate imposed in a county under
7003+20 IC 6-3.6-5 (before its expiration) expires December 31, 2027.
7004+21 SECTION 94. IC 6-3.6-1-4, AS AMENDED BY P.L.197-2016,
7005+22 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7006+23 JULY 1, 2027]: Sec. 4. Notwithstanding:
7007+24 (1) IC 6-3.5-1.1 (repealed);
7008+25 (2) IC 6-3.5-1.5 (repealed);
7009+26 (3) IC 6-3.5-6 (repealed); or
7010+27 (4) IC 6-3.5-7 (repealed);
7011+28 a change in a tax imposed under a provision described in subdivisions
7012+29 (1) through (4), credits related to property taxes provided under
7013+30 IC 6-3.6-5 (before its expiration), allocations of tax revenue, and
7014+31 pledges for payment from tax revenue after December 31, 2016, must
7015+32 be made under this article and not under the provisions described in
7016+33 subdivisions (1) through (4).
7017+34 SECTION 95. IC 6-3.6-2-2, AS AMENDED BY P.L.239-2017,
7018+35 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7019+36 JANUARY 1, 2028]: Sec. 2. "Adjusted gross income" has the meaning
7020+37 set forth in IC 6-3-1-3.5. However:
7021+38 (1) except as provided in subdivision (3), in the case of a local
7022+39 taxpayer who is not treated as a resident local taxpayer of a
7023+40 county, the term includes only adjusted gross income derived
7024+41 from the taxpayer's principal place of business or employment;
7025+42 (2) (1) in the case of a resident local taxpayer of Perry County, the
7026+ES 1—LS 7244/DI 120 161
7027+1 term does not include adjusted gross income described in
7028+2 IC 6-3.6-8-7; and
7029+3 (3) (2) in the case of a local taxpayer described in section 13(3)
7030+4 of this chapter, the term includes only that part of the individual's
7031+5 total income that:
7032+6 (A) is apportioned to Indiana under IC 6-3-2-2.7 or
7033+7 IC 6-3-2-3.2; and
7034+8 (B) is paid to the individual as compensation for services
7035+9 rendered in the county (or municipality in the case of a local
7036+10 income tax imposed under IC 6-3.6-6-22) as a team member
7037+11 or race team member.
7038+12 SECTION 96. IC 6-3.6-2-4 IS REPEALED [EFFECTIVE JULY 1,
7039+13 2027]. Sec. 4. "Attributed allocation amount" equals the sum of the
7040+14 following:
7041+15 (1) The allocation amount of the civil taxing unit for that calendar
7042+16 year.
7043+17 (2) In the case of a county taxing unit, the welfare allocation
7044+18 amount.
7045+19 SECTION 97. IC 6-3.6-2-5, AS ADDED BY P.L.243-2015,
7046+20 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7047+21 JULY 1, 2027]: Sec. 5. "Certified distribution" refers to the amount
7048+22 certified under IC 6-3.6-9-5(b), IC 6-3.6-9-5(a), as adjusted under
7049+23 IC 6-3.6-9.
7050+24 SECTION 98. IC 6-3.6-2-7.4, AS AMENDED BY P.L.137-2024,
7051+25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7052+26 UPON PASSAGE]: Sec. 7.4. "County with a single voting bloc" means
7053+27 a county that has a local income tax council in which one (1) city that
7054+28 is a member of the local income tax council or one (1) town that is a
7055+29 member of the local income tax council is allocated more than fifty
7056+30 percent (50%) of the total one hundred (100) votes allocated under
7057+31 IC 6-3.6-3-6(d). This section expires May 31, 2025. 2027.
7058+32 SECTION 99. IC 6-3.6-2-12 IS REPEALED [EFFECTIVE JULY
7059+33 1, 2027]. Sec. 12. "Local income tax council" means a council
7060+34 established by IC 6-3.6-3-1.
7061+35 SECTION 100. IC 6-3.6-2-13, AS AMENDED BY P.L.239-2017,
7062+36 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7063+37 JANUARY 1, 2028]: Sec. 13. "Local taxpayer" as it relates to a
7064+38 particular county, means any of the following:
7065+39 (1) As it relates to a particular county (or municipality in the
7066+40 case of a local income tax imposed under IC 6-3.6-6-22), an
7067+41 individual who resides in that county (or municipality in the
7068+42 case of a local income tax imposed under IC 6-3.6-6-22) on the
7069+ES 1—LS 7244/DI 120 162
7070+1 date specified in IC 6-3.6-8-3.
7071+2 (2) As it relates to a particular county, an individual who
7072+3 maintains the taxpayer's principal place of business or
7073+4 employment in that county on the date specified in IC 6-3.6-8-3
7074+5 and who does not reside on that same date in another county in
7075+6 Indiana in which a tax under this article is in effect. However, for
7076+7 purposes of a local income tax imposed by a municipality
7077+8 under IC 6-3.6-6-22, the term does not include an individual
7078+9 described in this subdivision.
7079+10 (3) As it relates to a particular county, and only for purposes
7080+11 of a rate imposed by a county under 6-3.6-6-2(b)(3), the term
7081+12 includes an individual who:
7082+13 (A) has income apportioned to Indiana as:
7083+14 (i) a team member under IC 6-3-2-2.7; or
7084+15 (ii) a race team member under IC 6-3-2-3.2;
7085+16 for services rendered in the county; and
7086+17 (B) is not described in subdivision (1) or (2).
7087+18 SECTION 101. IC 6-3.6-2-15, AS ADDED BY P.L.243-2015,
7088+19 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7089+20 JANUARY 1, 2028]: Sec. 15. "Resident local taxpayer", as it relates to
7090+21 a particular county (or municipality in the case of a local income tax
7091+22 imposed under IC 6-3.6-6-22), means any local taxpayer who resides
7092+23 in that county (or municipality in the case of a local income tax
7093+24 imposed under IC 6-3.6-6-22) on the date specified in IC 6-3.6-8-3.
7094+25 SECTION 102. IC 6-3.6-3-1, AS AMENDED BY P.L.137-2024,
7095+26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7096+27 JULY 1, 2027]: Sec. 1. (a) The fiscal body of the county is the
7097+28 adopting body for a county.
7098+29 (b) The fiscal body of the city or town is the adopting body for
7099+30 a city or town for purposes of adopting a municipal rate under
7100+31 IC 6-3.6-6-22. following is the adopting body for a county:
7101+32 (1) The local income tax council in a county in which the county
7102+33 income tax council adopted either:
7103+34 (A) a county option income tax under IC 6-3.5-6 (repealed)
7104+35 that was in effect on January 1, 2015; or
7105+36 (B) a county economic development income tax for the county
7106+37 under IC 6-3.5-7 (repealed) that was in effect on January 1,
7107+38 2015.
7108+39 (2) The county fiscal body in any other county.
7109+40 (3) The county fiscal body for purposes of adopting a rate
7110+41 dedicated to paying for a PSAP in the county as permitted by
7111+42 IC 6-3.6-6-2.5.
7112+ES 1—LS 7244/DI 120 163
7113+1 (4) The county fiscal body for purposes of adopting a rate
7114+2 dedicated to paying for acute care hospitals in the county as
7115+3 permitted by IC 6-3.6-6-2.6.
7116+4 (5) The county fiscal body for purposes of adopting a rate
7117+5 dedicated to paying for correctional facilities and rehabilitation
7118+6 facilities in the county as permitted by IC 6-3.6-6-2.7.
7119+7 (b) A local income tax council is established for each county. The
7120+8 membership of each county's local income tax council consists of the
7121+9 fiscal body of the county and the fiscal body of each city or town that
7122+10 lies either partially or entirely within that county.
7123+11 SECTION 103. IC 6-3.6-3-3, AS AMENDED BY P.L.236-2023,
7124+12 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7125+13 JULY 1, 2027]: Sec. 3. (a) Except as provided in subsection (f), an
7126+14 ordinance adopted by a county under this article takes effect as
7127+15 provided in this section.
7128+16 (b) An ordinance that adopts, increases, decreases, or rescinds a tax
7129+17 or a tax rate takes effect as follows:
7130+18 (1) An ordinance adopted after December 31 of the immediately
7131+19 preceding year and before September 1 of the current year takes
7132+20 effect on October 1 of the current year.
7133+21 (2) An ordinance adopted after August 31 and before November
7134+22 1 of the current year takes effect on January 1 of the following
7135+23 year.
7136+24 (3) An ordinance adopted after October 31 of the current year and
7137+25 before January 1 of the following year takes effect on October 1
7138+26 of the following year.
7139+27 (1) An ordinance adopted on or before October 1 of a
7140+28 calendar year shall take effect on January 1 of the calendar
7141+29 year that immediately succeeds the year in which the
7142+30 ordinance is adopted.
7143+31 (2) An ordinance adopted after October 1 of a calendar year
7144+32 shall take effect on January 1 of the second succeeding
7145+33 calendar year following the year the ordinance is adopted.
7146+34 However, an ordinance adopted to impose a tax rate under
7147+35 IC 6-3.6-6-2(b)(3) or IC 6-3.6-6-2(b)(4) must be adopted on or
7148+36 before October 1 of a calendar year.
7149+37 (c) An ordinance that grants, increases, decreases, rescinds, or
7150+38 changes a credit against the property tax liability of a taxpayer under
7151+39 IC 6-3.6-5 (before its expiration) takes effect as follows:
7152+40 (1) An ordinance adopted after December 31 of the immediately
7153+41 preceding year and before November 2 of the current year takes
7154+42 effect on January 1 of, and applies to property taxes first due and
7155+ES 1—LS 7244/DI 120 164
7156+1 payable in, the year immediately following the year in which the
7157+2 ordinance is adopted.
7158+3 (2) An ordinance adopted after November 1 of the current year
7159+4 and before January 1 of the immediately succeeding year takes
7160+5 effect on January 1 of, and applies to property taxes first due and
7161+6 payable in, the year that follows the current year by two (2) years.
7162+7 This subsection expires December 31, 2027.
7163+8 (d) An ordinance that grants, increases, decreases, rescinds, or
7164+9 changes a distribution or allocation of taxes takes effect as follows:
7165+10 (1) An ordinance adopted after December 31 of the immediately
7166+11 preceding year and before November 2 of the current year takes
7167+12 effect January 1 of the year immediately following the year in
7168+13 which the ordinance is adopted.
7169+14 (2) An ordinance adopted after November 1 of the current year
7170+15 and before January 1 of the immediately succeeding year takes
7171+16 effect January 1 of the year that follows the current year by two
7172+17 (2) years.
7173+18 (1) An ordinance adopted on or before October 1 of a
7174+19 calendar year shall take effect on January 1 of the calendar
7175+20 year that immediately succeeds the year in which the
7176+21 ordinance is adopted.
7177+22 (2) An ordinance adopted after October 1 of a calendar year
7178+23 shall take effect on January 1 of the second succeeding
7179+24 calendar year following the year the ordinance is adopted.
7180+25 (e) An ordinance not described in subsections (b) through (d) takes
7181+26 effect as provided under IC 36 for other ordinances of the
7182+27 governmental entity adopting the ordinance.
7183+28 (f) An ordinance described in section 7(e) or 7.5(e) of this chapter
7184+29 that changes a tax rate or changes the allocation of revenue received
7185+30 from a tax rate does not take effect as provided under this section if the
7186+31 county adopting body fails to meet the required deadlines for notice
7187+32 described in section 7(e) or 7.5(e) of this chapter. If an ordinance does
7188+33 not take effect, the tax rate or allocation, as applicable, that is subject
7189+34 to the proposed change in the ordinance shall be the lesser of the:
7190+35 (1) applicable distribution schedule for the certified distribution
7191+36 for the upcoming calendar year; or
7192+37 (2) applicable distribution schedule for the certified distribution
7193+38 for the current calendar year;
7194+39 unless, or until, a subsequent ordinance is adopted and the required
7195+40 deadlines for notice described in section 7(e) or 7.5(e) of this chapter
7196+41 are met. This subsection expires January 1, 2025.
7197+42 SECTION 104. IC 6-3.6-3-3.3 IS ADDED TO THE INDIANA
7198+ES 1—LS 7244/DI 120 165
7199+1 CODE AS A NEW SECTION TO READ AS FOLLOWS
7200+2 [EFFECTIVE JULY 1, 2027]: Sec. 3.3. (a) This section applies to an
7201+3 ordinance adopted by a city or town that adopts, increases,
7202+4 decreases, or rescinds a tax or a tax rate under IC 6-3.6-6-22.
7203+5 (b) An ordinance adopted by a city or town on or before
7204+6 October 1 of a calendar year shall take effect on January 1 of the
7205+7 calendar year that immediately succeeds the year in which the
7206+8 ordinance is adopted.
7207+9 (c) An ordinance adopted by a city or town after October 1 of a
7208+10 calendar year shall take effect on January 1 of the second
7209+11 succeeding calendar year following the year the ordinance is
7210+12 adopted.
7211+13 SECTION 105. IC 6-3.6-3-4, AS AMENDED BY P.L.236-2023,
7212+14 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7213+15 JULY 1, 2027]: Sec. 4. (a) Except for a tax rate that has an expiration
7214+16 date, and except as provided in section 3(f) of this chapter (before its
7215+17 expiration), a tax rate remains in effect until the effective date of an
7216+18 ordinance that increases, decreases, or rescinds that tax rate.
7217+19 (b) A tax rate may not be changed more than once each year under
7218+20 this article.
7219+21 (c) A local income tax expenditure tax rate that is imposed in a
7220+22 county under IC 6-3.6-6 continues in effect after December 31,
7221+23 2027, only if the adopting body adopts an ordinance to renew the
7222+24 expenditure tax rate beginning January 1, 2028. An ordinance
7223+25 under this subsection must be adopted by the adopting body on or
7224+26 before October 1, 2027, as set forth in section 3(b)(1) of this
7225+27 chapter. However, this subsection shall not be construed to
7226+28 prohibit an adopting body that fails to adopt an ordinance to
7227+29 continue an expenditure tax rate after December 31, 2027, from
7228+30 adopting an ordinance under this article to impose, renew, or
7229+31 modify an expenditure tax rate under IC 6-3.6-6 beginning
7230+32 January 1, 2029, or any year thereafter.
7231+33 SECTION 106. IC 6-3.6-3-5, AS AMENDED BY P.L.137-2024,
7232+34 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7233+35 JULY 1, 2027]: Sec. 5. (a) The auditor of a county (or the fiscal
7234+36 officer of a municipality in the case of a local income tax imposed
7235+37 under IC 6-3.6-6-22) shall record all votes taken on ordinances
7236+38 presented for a vote under this article and not more than ten (10) days
7237+39 after the vote, send a certified copy of the results to:
7238+40 (1) the commissioner of the department of state revenue; and
7239+41 (2) the commissioner of the department of local government
7240+42 finance;
7241+ES 1—LS 7244/DI 120 166
7242+1 in an electronic format approved by the commissioner of the
7243+2 department of local government finance.
7244+3 (b) Except as provided in subsection (c), this subsection applies only
7245+4 to a county that has a local income tax council. The county auditor may
7246+5 cease sending certified copies after the county auditor sends a certified
7247+6 copy of results showing that members of the local income tax council
7248+7 have cast a majority of the votes on the local income tax council for or
7249+8 against the proposed ordinance.
7250+9 (c) This subsection applies only to a county with a single voting bloc
7251+10 that proposes to increase (but not decrease) a tax rate in the county. The
7252+11 county auditor may cease sending certified copies of the votes on the
7253+12 local income tax council voting as a whole under section 9.5 of this
7254+13 chapter after the county auditor sends a certified copy of results
7255+14 showing that the individuals who sit on the fiscal bodies of the county,
7256+15 cities, and towns that are members of the local income tax council have
7257+16 cast a majority of the votes on the local income tax council voting as a
7258+17 whole under section 9.5 of this chapter for or against the proposed
7259+18 ordinance. This subsection expires May 31, 2025.
7260+19 SECTION 107. IC 6-3.6-3-6 IS REPEALED [EFFECTIVE JULY
7261+20 1, 2027]. Sec. 6. (a) This section applies to a county in which the
7262+21 county adopting body is a local income tax council.
7263+22 (b) In the case of a city or town that lies within more than one (1)
7264+23 county, the county auditor of each county shall base the allocations
7265+24 required by subsections (d) and (e) on the population of that part of the
7266+25 city or town that lies within the county for which the allocations are
7267+26 being made.
7268+27 (c) Each local income tax council has a total of one hundred (100)
7269+28 votes.
7270+29 (d) Each county, city, or town that is a member of a local income tax
7271+30 council is allocated a percentage of the total one hundred (100) votes
7272+31 that may be cast. The percentage that a city or town is allocated for a
7273+32 year equals the same percentage that the population of the city or town
7274+33 bears to the population of the county. The percentage that the county
7275+34 is allocated for a year equals the same percentage that the population
7276+35 of all areas in the county not located in a city or town bears to the
7277+36 population of the county.
7278+37 (e) This subsection applies only to a county with a single voting
7279+38 bloc. Each individual who sits on the fiscal body of a county, city, or
7280+39 town that is a member of the local income tax council is allocated for
7281+40 a year the number of votes equal to the total number of votes allocated
7282+41 to the particular county, city, or town under subsection (d) divided by
7283+42 the number of members on the fiscal body of the county, city, or town.
7284+ES 1—LS 7244/DI 120 167
7285+1 This subsection expires May 31, 2025.
7286+2 (f) On or before January 1 of each year, the county auditor shall
7287+3 certify to each member of the local income tax council the number of
7288+4 votes, rounded to the nearest one hundredth (0.01), each member has
7289+5 for that year.
7290+6 (g) This subsection applies only to a county with a single voting
7291+7 bloc. On or before January 1 of each year, in addition to the
7292+8 certification to each member of the local income tax council under
7293+9 subsection (f), the county auditor shall certify to each individual who
7294+10 sits on the fiscal body of each county, city, or town that is a member of
7295+11 the local income tax council the number of votes, rounded to the
7296+12 nearest one hundredth (0.01), each individual has under subsection (e)
7297+13 for that year. This subsection expires May 31, 2025.
7298+14 SECTION 108. IC 6-3.6-3-7 IS REPEALED [EFFECTIVE JULY
7299+15 1, 2027]. Sec. 7. (a) This section applies to a county in which the
7300+16 county adopting body is a local income tax council.
7301+17 (b) Before a member of the local income tax council may propose
7302+18 an ordinance under section 8 of this chapter, or vote on a proposed
7303+19 ordinance (including a proposed ordinance under section 8(e) of this
7304+20 chapter that is being considered by the local income tax council as a
7305+21 whole as required under section 9.5 of this chapter (before its
7306+22 expiration)), the member must hold a public hearing on the proposed
7307+23 ordinance and provide the public with notice of the time and place
7308+24 where the public hearing will be held.
7309+25 (c) The notice required by subsection (b) must be given in
7310+26 accordance with IC 5-3-1 and include the proposed ordinance or
7311+27 resolution to propose an ordinance.
7312+28 (d) In addition to the notice required by subsection (b), the adopting
7313+29 body shall also provide a copy of the notice to all taxing units in the
7314+30 county at least ten (10) days before the public hearing.
7315+31 (e) If a county adopting body makes any fiscal decision that has a
7316+32 financial impact to an underlying local taxing unit, the decision must
7317+33 be made, and notice must be given to the affected local taxing unit, by
7318+34 August 1 of a year. If a county adopting body passes an ordinance
7319+35 changing the allocation of local income tax revenue to a local taxing
7320+36 unit, the county adopting body must provide direct notice, in addition
7321+37 to the public notice described in subsection (b), to the affected local
7322+38 taxing unit within fifteen (15) days of the passage of the ordinance. The
7323+39 county adopting body must provide confirmation to the department of
7324+40 state revenue and the department of local government finance that
7325+41 direct notice was provided to the affected local taxing units within
7326+42 fifteen (15) days of the passage of the ordinance.
7327+ES 1—LS 7244/DI 120 168
7328+1 SECTION 109. IC 6-3.6-3-8 IS REPEALED [EFFECTIVE JULY
7329+2 1, 2027]. Sec. 8. (a) This section applies to a county in which the
7330+3 county adopting body is a local income tax council.
7331+4 (b) Except as provided in subsection (e), any member of a local
7332+5 income tax council may present an ordinance for passage. To do so, the
7333+6 member must adopt a resolution to propose the ordinance to the local
7334+7 income tax council and distribute a copy of the proposed ordinance to
7335+8 the county auditor. The county auditor shall treat any proposed
7336+9 ordinance distributed to the auditor under this section as a casting of all
7337+10 that member's votes in favor of the proposed ordinance.
7338+11 (c) Except as provided in subsection (f), the county auditor shall
7339+12 deliver copies of a proposed ordinance the auditor receives to all
7340+13 members of the local income tax council within ten (10) days after
7341+14 receipt. Subject to subsection (d), once a member receives a proposed
7342+15 ordinance from the county auditor, the member shall vote on it within
7343+16 thirty (30) days after receipt.
7344+17 (d) Except as provided in subsection (h), if, before the elapse of
7345+18 thirty (30) days after receipt of a proposed ordinance, the county
7346+19 auditor notifies the member that the members of the local income tax
7347+20 council have cast a majority of the votes on the local income tax
7348+21 council for or against the proposed ordinance the member need not
7349+22 vote on the proposed ordinance.
7350+23 (e) This subsection applies only to a county with a single voting bloc
7351+24 that proposes to increase (but not decrease) a tax rate in the county. The
7352+25 fiscal body of any county, city, or town that is a member of a local
7353+26 income tax council may adopt a resolution to propose an ordinance to
7354+27 increase a tax rate in the county to be voted on by the local income tax
7355+28 council as a whole as required under section 9.5 of this chapter and
7356+29 distribute a copy of the proposed ordinance to the county auditor. The
7357+30 county auditor shall treat the vote tally on the resolution adopted under
7358+31 this subsection for each individual who is a member of the fiscal body
7359+32 of the county, city, or town as the voting record for that individual
7360+33 either for or against the ordinance being proposed for consideration by
7361+34 the local income tax council as a whole under section 9.5 of this
7362+35 chapter. This subsection expires May 31, 2025.
7363+36 (f) This subsection applies only to a county with a single voting bloc
7364+37 that proposes to increase (but not decrease) a tax rate in the county. The
7365+38 county auditor shall deliver copies of a proposed ordinance the auditor
7366+39 receives under subsection (e) to the fiscal officers of all members of the
7367+40 local income tax council (other than the member proposing the
7368+41 ordinance under subsection (e)) within ten (10) days after receipt.
7369+42 Subject to subsection (h), once a member receives a proposed
7370+ES 1—LS 7244/DI 120 169
7371+1 ordinance from the county auditor, the member shall vote on it within
7372+2 thirty (30) days after receipt. This subsection expires May 31, 2025.
7373+3 (g) This subsection applies only to a county with a single voting
7374+4 bloc that proposes to increase (but not decrease) a tax rate in the
7375+5 county. The fiscal body of each county, city, or town voting on a
7376+6 resolution to propose an ordinance under subsection (e), or voting on
7377+7 a proposed ordinance being considered by the local income tax council
7378+8 as a whole under section 9.5 of this chapter, must take a roll call vote
7379+9 on the resolution or the proposed ordinance. If an individual who sits
7380+10 on the fiscal body is absent from the meeting in which a vote is taken
7381+11 or abstains from voting on the resolution or proposed ordinance, the
7382+12 fiscal officer of the county, city, or town shall nevertheless consider
7383+13 that individual's vote as a "no" vote against the resolution or the
7384+14 proposed ordinance being considered, whichever is applicable, for
7385+15 purposes of the vote tally under this section and shall note on the vote
7386+16 tally that the individual's "no" vote is due to absence or abstention. The
7387+17 fiscal body of each county, city, or town shall certify the roll call vote
7388+18 on a resolution or a proposed ordinance, either for or against, to the
7389+19 county auditor as set forth under this chapter. This subsection expires
7390+20 May 31, 2025.
7391+21 (h) This subsection applies only to a county with a single voting
7392+22 bloc that proposes to increase (but not decrease) a tax rate in the
7393+23 county. If, before the elapse of thirty (30) days after receipt of a
7394+24 proposed ordinance under subsection (e), the county auditor notifies
7395+25 the member that the individuals who sit on the fiscal bodies of the
7396+26 county, cities, and towns that are members of the local income tax
7397+27 council have cast a majority of the votes on the local income tax
7398+28 council for or against a proposed ordinance voting as a whole under
7399+29 section 9.5 of this chapter, the member need not vote on the proposed
7400+30 ordinance under subsection (e). This subsection expires May 31, 2025.
7401+31 SECTION 110. IC 6-3.6-3-9 IS REPEALED [EFFECTIVE JULY
7402+32 1, 2027]. Sec. 9. (a) Except as provided in subsection (d), this section
7403+33 applies to a county in which the county adopting body is a local income
7404+34 tax council.
7405+35 (b) A member of the local income tax council may exercise its votes
7406+36 by passing a resolution and transmitting the resolution to the county
7407+37 auditor.
7408+38 (c) A resolution passed by a member of the local income tax council
7409+39 exercises all votes of the member on the proposed ordinance, and those
7410+40 votes may not be changed during the year.
7411+41 (d) This section does not apply to a county in which the county
7412+42 adopting body is a local income tax council to which section 9.5 of this
7413+ES 1—LS 7244/DI 120 170
7414+1 chapter applies. This subsection expires May 31, 2024.
7415+2 SECTION 111. IC 6-3.6-3-9.5, AS AMENDED BY P.L.137-2024,
7416+3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7417+4 UPON PASSAGE]: Sec. 9.5. (a) This section applies to a county:
7418+5 (1) in which the county adopting body is a local income tax
7419+6 council;
7420+7 (2) that is a county with a single voting bloc; and
7421+8 (3) that proposes to increase a tax rate in the county.
7422+9 However, the provisions under section 9 of this chapter shall apply to
7423+10 a county described in subdivisions (1) and (2) that proposes to decrease
7424+11 a tax rate in the county.
7425+12 (b) A local income tax council described in subsection (a) must vote
7426+13 as a whole to exercise its authority to increase a tax rate under this
7427+14 article.
7428+15 (c) A resolution passed by the fiscal body of a county, city, or town
7429+16 that is a member of the local income tax council exercises the vote of
7430+17 each individual who sits on the fiscal body of the county, city, or town
7431+18 on the proposed ordinance, and the individual's vote may not be
7432+19 changed during the year.
7433+20 (d) This section expires May 31, 2025. 2027.
7434+21 SECTION 112. IC 6-3.6-3-10 IS REPEALED [EFFECTIVE JULY
7435+22 1, 2027]. Sec. 10. (a) This section applies to a county in which the
7436+23 county adopting body is a local income tax council.
7437+24 (b) A local income tax council may pass only one (1) ordinance
7438+25 adopting, increasing, decreasing, or rescinding a tax in one (1) year.
7439+26 Once the ordinance has been passed, the county auditor shall:
7440+27 (1) cease distributing those types of proposed ordinances for the
7441+28 rest of the year; and
7442+29 (2) withdraw from the membership any other of those types of
7443+30 proposed ordinances.
7444+31 Any votes subsequently received by the county auditor on those types
7445+32 of proposed ordinances during that same year are void.
7446+33 (c) The local income tax council may not vote on, nor may the
7447+34 county auditor distribute to the members of the local income tax
7448+35 council, any proposed ordinance during a year, if previously during that
7449+36 same year the county auditor received and distributed to the members
7450+37 of the local income tax council a proposed ordinance whose passage
7451+38 would have substantially the same effect.
7452+39 SECTION 113. IC 6-3.6-4-1, AS ADDED BY P.L.243-2015,
7453+40 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7454+41 JANUARY 1, 2028]: Sec. 1. (a) Except as otherwise provided in
7455+42 IC 6-3.6-6-22, a tax is imposed on the adjusted gross income of local
7456+ES 1—LS 7244/DI 120 171
7457+1 taxpayers at a tax rate that is a sum of the tax rates imposed by the
7458+2 county's adopting body and in effect in the county.
7459+3 (b) Except as otherwise provided in IC 6-3.6-6-22, the combined
7460+4 tax rates imposed under IC 6-3.6-5 (before its expiration), IC 6-3.6-6,
7461+5 and IC 6-3.6-7 constitute the tax imposed on the adjusted gross income
7462+6 of local taxpayers in the county.
7463+7 (c) In addition to the tax imposed in the county under subsection
7464+8 (a), a tax is imposed on the adjusted gross income of local
7465+9 taxpayers in a municipality at a tax rate that is imposed by the
7466+10 municipality under IC 6-3.6-6-22 and in effect in the municipality.
7467+11 SECTION 114. IC 6-3.6-4-2, AS ADDED BY P.L.243-2015,
7468+12 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7469+13 JANUARY 1, 2028]: Sec. 2. Subject to section 3 of this chapter, a tax
7470+14 rate authorized under IC 6-3.6-5, IC 6-3.6-6 or IC 6-3.6-7 may be
7471+15 adopted, increased, decreased, or rescinded without adopting,
7472+16 increasing, decreasing, or rescinding a tax rate authorized by either of
7473+17 the two (2) other chapters. chapter. However, an adopting body may:
7474+18 (1) adopt, increase, decrease, or rescind a tax authorized under a
7475+19 particular chapter of this article; and
7476+20 (2) adopt, increase, decrease, or rescind a tax authorized under
7477+21 another chapter of this article;
7478+22 in the same ordinance.
7479+23 SECTION 115. IC 6-3.6-4-3, AS ADDED BY P.L.243-2015,
7480+24 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7481+25 JANUARY 1, 2028]: Sec. 3. If there are bonds or leases outstanding
7482+26 that are payable from a tax imposed under IC 6-3.5-1.1 (before its
7483+27 repeal January 1, 2017), IC 6-3.5-6 (before its repeal January 1, 2017),
7484+28 IC 6-3.5-7 (before its repeal January 1, 2017), IC 6-3.6-6, or IC 6-3.6-7,
7485+29 (but not IC 6-3.6-5), the adopting body may not reduce the tax rate
7486+30 below a rate that would produce one and twenty-five hundredths (1.25)
7487+31 times the total of the highest annual outstanding debt service plus the
7488+32 highest annual lease payments plus any amount required under the
7489+33 agreements for the bonds or leases to be deposited in a sinking fund or
7490+34 other reserve, unless:
7491+35 (1) the adopting body; or
7492+36 (2) any city, town, or county;
7493+37 pledges all or a part of its share of revenues from the tax imposed under
7494+38 IC 6-3.6-6 or IC 6-3.6-7 (but not IC 6-3.6-5) for the life of the bonds or
7495+39 the term of the lease, in an amount that is sufficient, when combined
7496+40 with the amount pledged by the city, town, or county that issued the
7497+41 bonds, to produce one and twenty-five hundredths (1.25) times the total
7498+42 of the highest annual outstanding debt service plus the highest annual
7499+ES 1—LS 7244/DI 120 172
7500+1 lease payments plus the amount required under the agreements for the
7501+2 bonds or leases to be deposited in a sinking fund or other reserve.
7502+3 SECTION 116. IC 6-3.6-5-7 IS ADDED TO THE INDIANA CODE
7503+4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7504+5 1, 2027]: Sec. 7. This chapter expires December 31, 2027.
7505+6 SECTION 117. IC 6-3.6-6-0.5 IS ADDED TO THE INDIANA
7506+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
7507+8 [EFFECTIVE JULY 1, 2027]: Sec. 0.5. As used in this chapter,
7508+9 "nonmunicipal civil taxing unit" means townships, libraries, and
7509+10 all other civil taxing units that imposed an ad valorem property tax
7510+11 levy in the county for the calendar year preceding the distribution
7511+12 year, except that the term does not include counties, cities, towns,
7512+13 or school corporations. The term does include those civil taxing
7513+14 units whose budgets require binding review by another local unit.
7514+15 SECTION 118. IC 6-3.6-6-2, AS ADDED BY P.L.243-2015,
7515+16 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7516+17 JULY 1, 2027]: Sec. 2. (a) This section applies to all counties.
7517+18 (b) The adopting body may impose a tax rate under this chapter that
7518+19 does not exceed:
7519+20 (1) two and five-tenths percent (2.5%) in all counties other than
7520+21 Marion County; and
7521+22 (2) two and seventy-five hundredths percent (2.75%) in Marion
7522+23 County;
7523+24 on the adjusted gross income of local taxpayers in the county served by
7524+25 the adopting body.
7525+26 (b) The adopting body may by ordinance and subject to
7526+27 subsections (c) through (e) impose one (1) or more of the following
7527+28 component rates not to exceed a total expenditure tax rate under
7528+29 this chapter of two and nine-tenths percent (2.9%) on the adjusted
7529+30 gross income of taxpayers who reside in the county:
7530+31 (1) A tax rate not to exceed one and two-tenths percent (1.2%)
7531+32 for general purpose revenue for county services (as provided
7532+33 in section 4 of this chapter), subject to subsection (c).
7533+34 (2) A tax rate not to exceed four-tenths of one percent (0.4%)
7534+35 for providers of fire protection and emergency medical
7535+36 services located within the county (as provided in section 4.3
7536+37 of this chapter), subject to subsection (c).
7537+38 (3) A tax rate not to exceed two-tenths of one percent (0.2%)
7538+39 for general purpose revenue for distribution to nonmunicipal
7539+40 civil taxing units (excluding fire protection districts) located
7540+41 within the county (as provided in section 4.5 of this chapter),
7541+42 subject to subsection (c).
7542+ES 1—LS 7244/DI 120 173
7543+1 (4) A tax rate not to exceed one and two-tenths percent (1.2%)
7544+2 for general purpose revenue for municipal services for
7545+3 distribution to municipalities located within the county that
7546+4 are not eligible to adopt a municipal tax rate under section 22
7547+5 of this chapter or that have made an election under section
7548+6 23(b)(3) of this chapter to be treated as such.
7549+7 (c) The combined component rates imposed by an adopting
7550+8 body under subsection (b)(1) through (b)(3) shall not exceed one
7551+9 and seven-tenths percent (1.7%).
7552+10 (d) A tax rate adopted under subsection (b)(4) may only be
7553+11 imposed on taxpayers who do not reside in a municipality that is
7554+12 eligible to adopt a municipal tax rate under section 22 of this
7555+13 chapter.
7556+14 (e) Beginning after December 31, 2030, a tax rate imposed under
7557+15 subsection (b) shall expire on December 31 of each calendar year.
7558+16 An adopting body wishing to continue, increase, or decrease a tax
7559+17 rate in the succeeding year must pass an ordinance to readopt a tax
7560+18 rate in accordance with IC 6-3.6-3-3. This subsection applies
7561+19 regardless of whether there is a modification in the tax rate or the
7562+20 component rates or the rates are unchanged from the previous
7563+21 year.
7564+22 SECTION 119. IC 6-3.6-6-2.5 IS REPEALED [EFFECTIVE
7565+23 JANUARY 1, 2028]. Sec. 2.5. (a) This section applies to a county in
7566+24 which the adopting body:
7567+25 (1) is the local income tax council; and
7568+26 (2) did not allocate the revenue under this chapter from an
7569+27 expenditure rate of at least one-tenth of one percent (0.1%) to pay
7570+28 for a PSAP in the county for a year.
7571+29 (b) A county fiscal body may adopt an ordinance to impose a tax
7572+30 rate for a PSAP in the county. The tax rate must be in increments of
7573+31 one-hundredth of one percent (0.01%) and may not exceed one-tenth
7574+32 of one percent (0.1%).
7575+33 (c) The revenue generated by a tax rate imposed under this section
7576+34 must be distributed directly to the county before the remainder of the
7577+35 expenditure rate revenue is distributed. The revenue shall be
7578+36 maintained in a separate dedicated county fund and used only for
7579+37 paying for a PSAP in the county.
7580+38 SECTION 120. IC 6-3.6-6-2.6 IS REPEALED [EFFECTIVE
7581+39 JANUARY 1, 2028]. Sec. 2.6. (a) As used in this section, "acute care
7582+40 hospital" means an acute care hospital that is:
7583+41 (1) established and operated under IC 16-22-2, IC 16-22-8, or
7584+42 IC 16-23; and
7585+ES 1—LS 7244/DI 120 174
7586+1 (2) licensed under IC 16-21.
7587+2 (b) A county fiscal body may adopt an ordinance to impose a tax
7588+3 rate for acute care hospitals located in the county. The tax rate must be
7589+4 in increments of one-hundredth of one percent (0.01%) and may not
7590+5 exceed one-tenth of one percent (0.1%).
7591+6 (c) The revenue generated by a tax rate imposed under this section
7592+7 must be distributed directly to the county before the remainder of the
7593+8 expenditure rate revenue is distributed. The revenue shall be
7594+9 maintained in a separate dedicated county fund and used only for the
7595+10 operating expenses of the acute care hospital located in the county.
7596+11 SECTION 121. IC 6-3.6-6-2.7 IS REPEALED [EFFECTIVE
7597+12 JANUARY 1, 2028]. Sec. 2.7. (a) A county fiscal body may adopt an
7598+13 ordinance to impose a tax rate for correctional facilities and
7599+14 rehabilitation facilities in the county. The tax rate must be in
7600+15 increments of:
7601+16 (1) in the case of a county with bonds or lease agreements
7602+17 outstanding on July 1, 2023, for which a pledge of tax revenue
7603+18 from revenue received under a tax rate imposed under this section
7604+19 is made, one-hundredth of one percent (0.01%) and may not
7605+20 exceed three-tenths of one percent (0.3%); and
7606+21 (2) in the case of a county with no bonds or lease agreements
7607+22 outstanding on July 1, 2023, for which a pledge of tax revenue
7608+23 from revenue received under a tax rate imposed under this section
7609+24 is made, one-hundredth of one percent (0.01%) and may not
7610+25 exceed two-tenths of one percent (0.2%).
7611+26 (b) The tax rate imposed under this section may not be in effect for
7612+27 more than:
7613+28 (1) twenty-two (22) years, in the case of a tax rate imposed in an
7614+29 ordinance adopted before January 1, 2019; or
7615+30 (2) twenty-five (25) years, in the case of a tax rate imposed in an
7616+31 ordinance adopted on or after January 1, 2019.
7617+32 (c) The revenue generated by a tax rate imposed under this section
7618+33 must be distributed directly to the county before the remainder of the
7619+34 expenditure rate revenue is distributed. The revenue shall be
7620+35 maintained in a separate dedicated county fund and used by the county
7621+36 only for paying for correctional facilities and rehabilitation facilities in
7622+37 the county.
7623+38 (d) If a county fiscal body imposes a tax rate:
7624+39 (1) under subsection (a)(1) or (a)(2) in an increment that does not
7625+40 exceed two-tenths of one percent (0.2%), one hundred percent
7626+41 (100%) of the revenue collected from the total tax rate; or
7627+42 (2) under subsection (a)(1) in an increment that exceeds
7628+ES 1—LS 7244/DI 120 175
7629+1 two-tenths of one percent (0.2%):
7630+2 (A) one hundred percent (100%) of the revenue collected from
7631+3 that portion of the total tax rate that does not exceed an
7632+4 increment of two-tenths of one percent (0.2%); and
7633+5 (B) no revenue collected from that portion of the total tax rate
7634+6 that exceeds an increment of two-tenths of one percent (0.2%);
7635+7 may be used for operating expenses for correctional facilities and
7636+8 rehabilitation facilities in the county.
7637+9 SECTION 122. IC 6-3.6-6-2.8 IS REPEALED [EFFECTIVE
7638+10 JANUARY 1, 2028]. Sec. 2.8. (a) As used in this section, "emergency
7639+11 medical services" has the meaning set forth in IC 16-18-2-110.
7640+12 (b) The fiscal body of a county may adopt an ordinance to impose
7641+13 a tax rate for emergency medical services in the county. The tax rate
7642+14 must be in increments of one-hundredth of one percent (0.01%) and
7643+15 may not exceed two-tenths of one percent (0.2%). The tax rate may not
7644+16 be in effect for more than twenty-five (25) years.
7645+17 (c) The revenue generated by a tax rate imposed under this section
7646+18 must be distributed directly to the county before the remainder of the
7647+19 expenditure rate revenue is distributed. The revenue shall be
7648+20 maintained in a separate dedicated county fund and used by the county
7649+21 only for paying for operating costs incurred by the county for
7650+22 emergency medical services that are provided throughout the county.
7651+23 SECTION 123. IC 6-3.6-6-2.9 IS REPEALED [EFFECTIVE
7652+24 JANUARY 1, 2028]. Sec. 2.9. (a) For purposes of this section,
7653+25 "courtroom costs" includes staffing costs only for the court reporter,
7654+26 court bailiff, or court administrator.
7655+27 (b) A county fiscal body may adopt an ordinance to impose a tax
7656+28 rate for:
7657+29 (1) in the case of a tax rate adopted under this section before
7658+30 January 1, 2024, county staff expenses of the state judicial system
7659+31 in the county; or
7660+32 (2) in the case of a tax rate adopted under this section after
7661+33 December 31, 2023, courtroom costs of the state judicial system
7662+34 in the county.
7663+35 The tax rate must be in increments of one-hundredth of one percent
7664+36 (0.01%) and may not exceed two-tenths of one percent (0.2%). The tax
7665+37 rate may not be in effect for more than twenty-five (25) years.
7666+38 (c) The revenue generated by a tax rate imposed under this section
7667+39 must be distributed directly to the county before the remainder of the
7668+40 expenditure rate revenue is distributed. The revenue shall be
7669+41 maintained in a separate dedicated county fund. The revenue shall be
7670+42 used by the county:
7671+ES 1—LS 7244/DI 120 176
7672+1 (1) in the case of a tax rate adopted under this section before
7673+2 January 1, 2024, only for paying for county staff expenses of the
7674+3 state judicial system in the county; and
7675+4 (2) in the case of a tax rate adopted under this section after
7676+5 December 31, 2023, only for paying the courtroom costs of the
7677+6 state judicial system in the county.
7678+7 (d) This subsection applies to a tax rate adopted under subsection
7679+8 (b)(1). The local income tax revenue budgeted and spent under this
7680+9 section by each county may not comprise more than fifty percent (50%)
7681+10 of the county's total budgeted operational staffing expenses related to
7682+11 the state judicial system in any given year.
7683+12 (e) This subsection applies to a tax rate adopted under subsection
7684+13 (b)(2). The local income tax revenue spent under this section by each
7685+14 county may not comprise more than fifty percent (50%) of the county's
7686+15 total operational staffing expenses related to the courtroom costs of the
7687+16 state judicial system in any given year.
7688+17 (f) Counties that enact an ordinance to impose a tax rate under this
7689+18 section shall annually report the following information for the prior
7690+19 calendar year by May 1 to the justice reinvestment advisory council
7691+20 established by IC 33-38-9.5-2:
7692+21 (1) The types of court positions paid with local income tax
7693+22 revenue generated by this section.
7694+23 (2) The number of court positions by type paid for with local
7695+24 income tax revenue generated by this section.
7696+25 (3) The average salary by type of court position paid for with local
7697+26 income tax revenue generated by this section.
7698+27 (4) The county's total budgeted and actual staffing expenses or
7699+28 courtroom costs, whichever is applicable, related to the state
7700+29 judicial system.
7701+30 (5) The county's portion of local income tax revenue that was
7702+31 actually spent on staffing expenses or courtroom costs, whichever
7703+32 is applicable, related to the state judicial system.
7704+33 (g) The justice reinvestment advisory council shall annually compile
7705+34 and report to the legislative council prior to July 1 of each year the
7706+35 information required in subsection (f) for each county. The report must
7707+36 be in an electronic format under IC 5-14-6.
7708+37 SECTION 124. IC 6-3.6-6-3, AS AMENDED BY P.L.137-2024,
7709+38 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7710+39 JULY 1, 2027]: Sec. 3. (a) Revenue raised from a tax imposed under
7711+40 this chapter shall be treated as follows:
7712+41 (1) To make the following distributions:
7713+42 (A) If an ordinance described in section 2.5 of this chapter is
7714+ES 1—LS 7244/DI 120 177
7715+1 in effect in a county, to make a distribution to the county equal
7716+2 to the amount of revenue generated by the rate imposed under
7717+3 section 2.5 of this chapter.
7718+4 (B) If an ordinance described in section 2.6 of this chapter is
7719+5 in effect in a county, to make a distribution to the county equal
7720+6 to the amount of revenue generated by the rate imposed under
7721+7 section 2.6 of this chapter.
7722+8 (C) If an ordinance described in section 2.7 of this chapter is
7723+9 in effect in a county, to make a distribution to the county equal
7724+10 to the amount of revenue generated by the rate imposed under
7725+11 section 2.7 of this chapter.
7726+12 (D) If an ordinance described in section 2.8 of this chapter is
7727+13 in effect in a county, to make a distribution to the county equal
7728+14 to the amount of revenue generated by the rate imposed under
7729+15 section 2.8 of this chapter.
7730+16 (2) After making the distributions described in subdivision (1), if
7731+17 any, to make distributions to school corporations and civil taxing
7732+18 units in counties that formerly imposed a tax under IC 6-3.5-1.1
7733+19 (repealed). The revenue categorized from the next twenty-five
7734+20 hundredths percent (0.25%) of the rate for a former tax adopted
7735+21 under IC 6-3.5-1.1 (repealed) shall be allocated to school
7736+22 corporations and civil taxing units. The amount of the allocation
7737+23 to a school corporation or civil taxing unit shall be determined
7738+24 using the allocation amounts for civil taxing units and school
7739+25 corporations in the county.
7740+26 (3) After making the distributions described in subdivisions (1)
7741+27 and (2), the remaining revenue shall be treated as additional
7742+28 revenue (referred to as "additional revenue" in this chapter).
7743+29 Additional revenue may not be considered by the department of
7744+30 local government finance in determining:
7745+31 (A) any taxing unit's maximum permissible property tax levy
7746+32 limit under IC 6-1.1-18.5; or
7747+33 (B) the approved property tax rate for any fund.
7748+34 (b) (a) In the case of a civil taxing unit that has pledged the tax from
7749+35 additional general purpose revenue for the payment of bonds, leases,
7750+36 or other obligations as reported by the civil taxing unit under IC 5-1-18,
7751+37 the adopting body may not under section 4 of this chapter, reduce the
7752+38 proportional allocation of the additional general purpose revenue that
7753+39 was allocated in the preceding year if the reduction for that year would
7754+40 result in an amount less than the amount necessary for the payment of
7755+41 bonds, leases, or other obligations payable or required to be deposited
7756+42 in a sinking fund or other reserve in that year for the bonds, leases, or
7757+ES 1—LS 7244/DI 120 178
7758+1 other obligations for which the tax from additional general purpose
7759+2 revenue has been pledged. To inform an adopting body with regard to
7760+3 allocations that affect the payment of bonds, leases, or other
7761+4 obligations, a taxing unit may provide the adopting body with
7762+5 information regarding any outstanding bonds, leases, or other
7763+6 obligations that are secured by additional general purpose revenue.
7764+7 The information must be provided before the date of the public hearing
7765+8 at which the adopting body may change the allocation of additional
7766+9 general purpose revenue under section 4 of this chapter.
7767+10 (b) In the case of a civil taxing unit that is obligated to make
7768+11 payments to the northwest Indiana regional development authority
7769+12 from general purpose revenue for the payment of bonds, leases, or
7770+13 other obligations related to northwest Indiana rail projects (as
7771+14 defined in IC 5-1.3-2-14) and projects described in IC 36-7.5-4-2.5,
7772+15 the adopting body may not reduce the proportional allocation
7773+16 amounts of the general purpose revenue as allocated in the
7774+17 immediately preceding year if the reduction would result in an
7775+18 allocation that is less than the amount necessary for the civil taxing
7776+19 unit to make the payments to the northwest Indiana regional
7777+20 development authority for the payment of the bonds, leases, or
7778+21 other obligations.
7779+22 SECTION 125. IC 6-3.6-6-3.1 IS ADDED TO THE INDIANA
7780+23 CODE AS A NEW SECTION TO READ AS FOLLOWS
7781+24 [EFFECTIVE JULY 1, 2025]: Sec. 3.1. (a) As used in this section,
7782+25 "homestead" has the meaning set forth in IC 6-1.1-12-37.
7783+26 (b) A county fiscal body may adopt an ordinance to impose a tax
7784+27 rate for the purpose of funding property tax homestead credits to
7785+28 reduce the property tax liability of taxpayers who own homesteads
7786+29 that are:
7787+30 (1) located in the county; and
7788+31 (2) eligible for a credit under IC 6-1.1-20.6-7.5 that limits the
7789+32 taxpayer's property tax liability for the property to one
7790+33 percent (1%).
7791+34 Revenue collected from a tax rate imposed under this section may
7792+35 only be used to fund replacement of the county's property tax levy.
7793+36 Property taxes imposed due to a referendum in which a majority
7794+37 of the voters in the taxing unit imposing the property taxes
7795+38 approved the property taxes are not eligible for a credit under this
7796+39 section.
7797+40 (c) The tax rate must be in increments of one-hundredth of one
7798+41 percent (0.01%) and may not exceed three-tenths of one percent
7799+42 (0.3%).
7800+ES 1—LS 7244/DI 120 179
7801+1 (d) A tax imposed under this section shall be treated as property
7802+2 taxes for all purposes. However, the department of local
7803+3 government finance may not reduce:
7804+4 (1) any taxing unit's maximum permissible property tax levy
7805+5 limit under IC 6-1.1-18.5; or
7806+6 (2) the approved property tax levy or rate for any fund;
7807+7 by the amount of any credits granted under this chapter.
7808+8 (e) The homestead credits shall be applied to the net property
7809+9 taxes due on the homestead after the application of any credit
7810+10 granted under IC 6-1.1, including any credit granted under
7811+11 IC 6-1.1-20.4 and IC 6-1.1-20.6.
7812+12 (f) The property tax credits must be applied uniformly to
7813+13 provide a homestead credit for homesteads in the county.
7814+14 (g) The county auditor shall allocate the amount of revenue
7815+15 applied as tax credits under this section to the taxing units that
7816+16 imposed the eligible property taxes against which the credits are
7817+17 applied.
7818+18 (h) The department of local government finance shall assist
7819+19 county fiscal bodies and county auditors in calculating credit
7820+20 percentages and amounts.
7821+21 (i) Notwithstanding any provision to the contrary in this
7822+22 chapter, a tax imposed under this section:
7823+23 (1) may be imposed on the adjusted gross income of taxpayers
7824+24 before January 1, 2028; and
7825+25 (2) terminates and may not be imposed on the adjusted gross
7826+26 income of taxpayers after December 31, 2027.
7827+27 (j) This section expires January 1, 2028.
7828+28 SECTION 126. IC 6-3.6-6-4, AS AMENDED BY P.L.247-2017,
7829+29 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7830+30 JULY 1, 2027]: Sec. 4. (a) General purpose revenue raised from a
7831+31 tax rate under section 2(b)(1) of this chapter must be distributed
7832+32 directly to the county. The money may be used by the county fiscal
7833+33 body for any of the purposes of the county, including for:
7834+34 (1) public safety, including funding for a PSAP;
7835+35 (2) economic development purposes described in IC 6-3.6-10;
7836+36 (3) acute care hospitals;
7837+37 (4) correctional facilities and rehabilitation facilities;
7838+38 (5) county staff expenses of the state judicial system; and
7839+39 (6) homestead property tax credits to fund replacement of the
7840+40 county's property tax levy.
7841+41 (b) The adopting body shall, by ordinance, determine how the
7842+42 additional general purpose revenue from a tax under this chapter must
7843+ES 1—LS 7244/DI 120 180
7844+1 be allocated in subsequent years. The allocations are subject to
7845+2 IC 6-3.6-11. The ordinance must be adopted as provided in IC 6-3.6-3
7846+3 and takes effect and applies as specified in IC 6-3.6-3-3. The ordinance
7847+4 continues to apply thereafter until it is rescinded or modified. The
7848+5 revenue must be allocated among one (1) or more of the following uses
7849+6 as provided in this chapter:
7850+7 (1) Public safety.
7851+8 (2) Economic development projects.
7852+9 (3) Certified shares.
7853+10 The ordinance must describe the allocation of additional revenue by
7854+11 use of percentages.
7855+12 SECTION 127. IC 6-3.6-6-4.3 IS ADDED TO THE INDIANA
7856+13 CODE AS A NEW SECTION TO READ AS FOLLOWS
7857+14 [EFFECTIVE JULY 1, 2027]: Sec. 4.3. (a) Revenue raised from a tax
7858+15 rate for fire protection and emergency medical services under
7859+16 section 2(b)(2) of this chapter shall be distributed by the county to
7860+17 each fire protection district, fire protection territory, and
7861+18 municipal fire department located within the county. At the
7862+19 discretion of the county council, the county may distribute revenue
7863+20 raised from a tax rate for fire protection and emergency medical
7864+21 services under section 2(b)(2) of this chapter to township fire
7865+22 departments and volunteer fire departments.
7866+23 (b) Revenue raised from a tax rate for fire protection and
7867+24 emergency medical services under section 2(b)(2) of this chapter
7868+25 shall be allocated to each fire protection district, fire protection
7869+26 territory, municipal fire department, and, if applicable, township
7870+27 fire departments and volunteer fire departments, based on the
7871+28 following formula:
7872+29 STEP ONE: For each provider of fire protection and
7873+30 emergency medical services located within the county that is
7874+31 eligible to receive revenue under this section, determine the
7875+32 population living within the service boundaries of the
7876+33 provider using the most recent federal decennial census.
7877+34 STEP TWO: For each provider of fire protection and
7878+35 emergency medical services located within the county that is
7879+36 eligible to receive revenue under this section, determine the
7880+37 number of square miles within the service boundaries of the
7881+38 provider.
7882+39 STEP THREE: For each provider of fire protection and
7883+40 emergency medical services located within the county that is
7884+41 eligible to receive revenue under this section, determine the
7885+42 product of:
7886+ES 1—LS 7244/DI 120 181
7887+1 (A) the STEP TWO amount; multiplied by
7888+2 (B) twenty (20).
7889+3 STEP FOUR: For each provider of fire protection and
7890+4 emergency medical services located within the county that is
7891+5 eligible to receive revenue under this section, determine the
7892+6 sum of:
7893+7 (A) the STEP ONE result; plus
7894+8 (B) the STEP THREE result.
7895+9 STEP FIVE: Determine the sum total of the STEP FOUR
7896+10 results for each provider of fire protection and emergency
7897+11 medical services located within the county that is eligible to
7898+12 receive revenue under this section.
7899+13 STEP SIX: The percentage of revenue that shall be
7900+14 distributed to each provider of fire protection and emergency
7901+15 medical services located within the county that is eligible to
7902+16 receive revenue under this section is equal to:
7903+17 (A) the STEP FOUR result for the provider; divided by
7904+18 (B) the STEP FIVE result.
7905+19 SECTION 128. IC 6-3.6-6-4.5 IS ADDED TO THE INDIANA
7906+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
7907+21 [EFFECTIVE JULY 1, 2027]: Sec. 4.5. (a) Revenue raised from a tax
7908+22 rate for nonmunicipal civil taxing units under section 2(b)(3) of this
7909+23 chapter may be distributed by the county to nonmunicipal civil
7910+24 taxing units subject to the provisions of this section.
7911+25 (b) Subject to the maximum aggregate tax rate of not more than
7912+26 two-tenths of one percent (0.2%) under section 2(b)(3) of this
7913+27 chapter, the adopting body may adopt a tax rate for each type of
7914+28 nonmunicipal civil taxing unit, which may not exceed more than
7915+29 five-hundredths of one percent (0.05%) for any given unit type.
7916+30 The revenue raised from a tax rate for a specific type of
7917+31 nonmunicipal civil taxing unit shall be allocated to all
7918+32 nonmunicipal civil taxing units of that same type located within the
7919+33 county on a pro rata per capita basis, subject to subsection (e).
7920+34 (c) A county solid waste management district (as defined in
7921+35 IC 13-11-2-47) or a joint solid waste management district (as
7922+36 defined in IC 13-11-2-113) is not an eligible nonmunicipal civil
7923+37 taxing unit for the purpose of receiving an allocation of general
7924+38 purpose revenue under this chapter unless a majority of the
7925+39 members of each of the county fiscal bodies of the counties within
7926+40 the district passes a resolution approving the distribution.
7927+41 (d) A resolution passed by a county fiscal body under subsection
7928+42 (c) may:
7929+ES 1—LS 7244/DI 120 182
7930+1 (1) expire on a date specified in the resolution; or
7931+2 (2) remain in effect until the county fiscal body revokes or
7932+3 rescinds the resolution.
7933+4 (e) A nonmunicipal civil taxing unit wishing to receive a share
7934+5 of revenue under this section in a year must adopt a resolution
7935+6 requesting the distribution from the county and must provide a
7936+7 certified copy of the resolution to the adopting body not later than
7937+8 July 1 of the year immediately preceding the distribution year. Not
7938+9 later than August 1 of the year immediately preceding the
7939+10 distribution year, the adopting body shall hold a public hearing on
7940+11 the resolution requesting the distribution and provide the public
7941+12 with notice of the time and place where the public hearing will be
7942+13 held. The notice must be given in accordance with IC 5-3-1 and
7943+14 include a description of the resolution requesting the distribution
7944+15 from the county.
7945+16 (f) If a nonmunicipal civil taxing unit adopts a resolution under
7946+17 this subsection and provides the resolution to the adopting body as
7947+18 set forth in this subsection, the county shall distribute to the
7948+19 nonmunicipal civil taxing unit an amount of revenue raised from
7949+20 the tax rate under section 2(b)(3) of this chapter for the
7950+21 distribution year as set forth in subsection (f).
7951+22 (g) If one (1) or more, but not all, nonmunicipal civil taxing
7952+23 units adopt a resolution under subsection (e) requesting a
7953+24 distribution in a given year, the county may either distribute the
7954+25 total amount of revenue raised from the tax rate under section
7955+26 2(b)(3) of this chapter to only those nonmunicipal civil taxing units
7956+27 that have provided a resolution request, or the county may
7957+28 distribute the total amount of revenue raised from a tax rate under
7958+29 section 2(b)(3) of this chapter to all nonmunicipal civil taxing units
7959+30 as set forth in this section. If no nonmunicipal civil taxing units
7960+31 adopt a resolution to request a distribution in a given year, the
7961+32 county may retain the revenue raised from a tax rate for
7962+33 nonmunicipal civil taxing units for that year and use the revenue
7963+34 as general purpose revenue for the county under section 4 of this
7964+35 chapter.
7965+36 SECTION 129. IC 6-3.6-6-6.1 IS ADDED TO THE INDIANA
7966+37 CODE AS A NEW SECTION TO READ AS FOLLOWS
7967+38 [EFFECTIVE JULY 1, 2027]: Sec. 6.1. (a) Revenue raised from a tax
7968+39 rate for certain cities and towns under section 2(b)(4) of this
7969+40 chapter may be distributed by the county to those cities and towns
7970+41 subject to the provisions of this section.
7971+42 (b) Subject to subsection (g), the revenue raised from a tax rate
7972+ES 1—LS 7244/DI 120 183
7973+1 under section 2(b)(4) of this chapter shall be allocated to the cities
7974+2 and towns based on the population of the city or the population of
7975+3 the town, whichever is applicable, compared to the population of
7976+4 all the cities or the population of all the towns, whichever is
7977+5 applicable, that are eligible for a distribution, subject to subsection
7978+6 (d). For purposes of this determination, if the boundaries of a city
7979+7 or town are located in more than one (1) county, only the portion
7980+8 of the population of the city or town that is located within the
7981+9 county imposing the tax rate under section 2(b)(4) of this chapter
7982+10 shall be considered.
7983+11 (c) The money may be used by the city or town fiscal body for
7984+12 any of the purposes of the city or town, including public safety (as
7985+13 defined in IC 6-3.6-2-14) and economic development purposes
7986+14 described in IC 6-3.6-10. The city or town fiscal body may pledge
7987+15 its general purpose revenue to the payment of bonds or to lease
7988+16 payments as set forth in this chapter.
7989+17 (d) An eligible city or town wishing to receive a share of revenue
7990+18 under this section in a year must adopt a resolution requesting the
7991+19 distribution from the county and must provide a certified copy of
7992+20 the resolution to the adopting body not later than July 1 of the year
7993+21 immediately preceding the distribution year. Not later than August
7994+22 1 of the year immediately preceding the distribution year, the
7995+23 adopting body shall hold a public hearing on the resolution
7996+24 requesting the distribution and provide the public with notice of
7997+25 the time and place where the public hearing will be held. The notice
7998+26 must be given in accordance with IC 5-3-1 and include a
7999+27 description of the resolution requesting the distribution from the
8000+28 county.
8001+29 (e) Subject to subsection (g), if an eligible city or town adopts a
8002+30 resolution under this subsection and provides the resolution to the
8003+31 adopting body as set forth in this subsection, the county shall
8004+32 distribute to the eligible city or town unit an amount of revenue
8005+33 raised from the tax rate under section 2(b)(4) of this chapter for
8006+34 the distribution year as set forth in subsection (f).
8007+35 (f) Subject to subsection (g), if one (1) or more, but not all,
8008+36 eligible cities or towns adopt a resolution under subsection (d)
8009+37 requesting a distribution in a given year, the county may either
8010+38 distribute the total amount of revenue raised from the tax rate
8011+39 under section 2(b)(4) of this chapter to only those eligible cities or
8012+40 towns that have provided a resolution request, or the county may
8013+41 distribute the total amount of revenue raised from a tax rate under
8014+42 section 2(b)(4) of this chapter to all eligible cities or towns as set
8015+ES 1—LS 7244/DI 120 184
8016+1 forth in this section. If no eligible city or town adopts a resolution
8017+2 to request a distribution in a given year, the county may retain the
8018+3 revenue raised from a tax rate for the eligible city or town for that
8019+4 year and use the revenue as general purpose revenue for the county
8020+5 under section 4 of this chapter.
8021+6 (g) Notwithstanding any provision to the contrary in this
8022+7 section, if an adopting body that imposes a tax rate of one and
8023+8 two-tenths percent (1.2%) under section 2(b)(1) of this chapter
8024+9 subsequently adopts an ordinance to concurrently impose a tax
8025+10 rate under section 2(b)(4) of this chapter:
8026+11 (1) seventy-five percent (75%) of the revenue received from
8027+12 the tax rate imposed under section 2(b)(4) of this chapter shall
8028+13 be retained by the county and may be used for the purposes
8029+14 described in section 4 of this chapter; and
8030+15 (2) twenty-five percent (25%) of the revenue received from
8031+16 the tax rate imposed under section 2(b)(4) of this chapter shall
8032+17 be distributed among the eligible cities and towns as set forth
8033+18 in this section and may be used for the purposes set forth in
8034+19 this section.
8035+20 However, the adopting body may, by ordinance, determine to
8036+21 allocate any percentage of the revenue that would otherwise be
8037+22 retained by the county under subdivision (1) to instead be allocated
8038+23 among the eligible cities and towns under subdivision (2).
8039+24 SECTION 130. IC 6-3.6-6-8, AS AMENDED BY P.L.101-2024,
8040+25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8041+26 JULY 1, 2027]: Sec. 8. (a) This section applies to the allocation of
8042+27 additional revenue from a tax under this chapter to public safety
8043+28 purposes. Funding dedicated for a PSAP under a former tax continues
8044+29 to apply under this chapter until it is rescinded or modified. If funding
8045+30 was not dedicated for a PSAP under a former tax, the adopting body
8046+31 may adopt a resolution providing that all or part of the additional
8047+32 revenue allocated to public safety is to be dedicated for a PSAP. The
8048+33 resolution first applies in the following year and then thereafter until it
8049+34 is rescinded or modified. Funding dedicated for a PSAP shall be
8050+35 allocated and distributed as provided in IC 6-3.6-11-4.
8051+36 (b) Except as provided in subsections (c) and (d), the amount of the
8052+37 certified distribution that is allocated to public safety purposes, and
8053+38 after making allocations under IC 6-3.6-11, shall be allocated to the
8054+39 county and to each municipality in the county that is carrying out or
8055+40 providing at least one (1) public safety purpose. For purposes of this
8056+41 subsection, in the case of a consolidated city, the total property taxes
8057+42 imposed by the consolidated city include the property taxes imposed by
8058+ES 1—LS 7244/DI 120 185
8059+1 the consolidated city and all special taxing districts (except for a public
8060+2 library district, a public transportation corporation, and a health and
8061+3 hospital corporation), and all special service districts. The amount
8062+4 allocated under this subsection to a county or municipality is equal to
8063+5 the result of:
8064+6 (1) the amount of the remaining certified distribution that is
8065+7 allocated to public safety purposes; multiplied by
8066+8 (2) a fraction equal to:
8067+9 (A) in the case of a county that initially imposed a rate for
8068+10 public safety under IC 6-3.5-6 (repealed), the result of the total
8069+11 property taxes imposed in the county by the county or
8070+12 municipality for the calendar year preceding the distribution
8071+13 year, divided by the sum of the total property taxes imposed in
8072+14 the county by the county and each municipality in the county
8073+15 that is entitled to a distribution under this section for that
8074+16 calendar year; or
8075+17 (B) in the case of a county that initially imposed a rate for
8076+18 public safety under IC 6-3.5-1.1 (repealed) or a county that did
8077+19 not impose a rate for public safety under either IC 6-3.5-1.1
8078+20 (repealed) or IC 6-3.5-6 (repealed), the result of the attributed
8079+21 allocation amount of the county or municipality for the
8080+22 calendar year preceding the distribution year, divided by the
8081+23 sum of the attributed allocation amounts of the county and
8082+24 each municipality in the county that is entitled to a distribution
8083+25 under this section for that calendar year.
8084+26 (c) (a) A fire department, volunteer fire department, or emergency
8085+27 medical services provider that:
8086+28 (1) provides fire protection or emergency medical services within
8087+29 the county; and
8088+30 (2) is operated by or serves a political subdivision that is not
8089+31 otherwise entitled to receive a distribution of tax revenue under
8090+32 this section;
8091+33 may, before July 1 of a year, apply to the adopting body for a
8092+34 distribution of tax revenue under this section 4.3 of this chapter during
8093+35 the following calendar year. The adopting body shall review an
8094+36 application submitted under this subsection. However, after giving
8095+37 notice under IC 5-3-1, the adopting body shall review an application by
8096+38 a township that provided fire protection or emergency medical services
8097+39 in the most recent calendar year and imposed a property tax levy for the
8098+40 provision of fire protection or emergency medical services within the
8099+41 county in the most recent calendar year at a public hearing. The
8100+42 adopting body may review multiple applications submitted under this
8101+ES 1—LS 7244/DI 120 186
8102+1 subsection at one (1) public hearing. If applicable, a township shall
8103+2 present and explain its application at the public hearing. Not later than
8104+3 ten (10) days after the public hearing, if applicable, but before
8105+4 September 1 of a year, the adopting body may adopt a resolution
8106+5 requiring that one (1) or more of the applicants shall receive a specified
8107+6 amount of the tax revenue to be distributed under this section 4.3 of
8108+7 this chapter during the following calendar year. The adopting body
8109+8 shall provide a copy of the resolution to the county auditor and the
8110+9 department of local government finance not more than fifteen (15) days
8111+10 after the resolution is adopted. A resolution adopted under this
8112+11 subsection and provided in a timely manner to the county auditor and
8113+12 the department applies only to distributions in the following calendar
8114+13 year. Any amount of tax revenue distributed under this subsection to a
8115+14 fire department, volunteer fire department, or emergency medical
8116+15 services provider shall be distributed before the remainder of the tax
8117+16 revenue is allocated under subsection (b).
8118+17 (d) (b) A township fire department, volunteer fire department, fire
8119+18 protection territory, or fire protection district that:
8120+19 (1) provides fire protection or emergency medical services within
8121+20 a county; and
8122+21 (2) is operated by or serves a political subdivision;
8123+22 may, before July 1 of a year, apply to the adopting body for a
8124+23 distribution of tax revenue under this section 4.3 of this chapter during
8125+24 the following calendar year. The adopting body shall review an
8126+25 application submitted under this subsection. However, after giving
8127+26 notice under IC 5-3-1, the adopting body shall review an application
8128+27 submitted by a township that provided fire protection or emergency
8129+28 medical services in the most recent calendar year and that imposed a
8130+29 property tax levy for the provision of fire protection or emergency
8131+30 medical services within the county in the most recent calendar year at
8132+31 a public hearing. The adopting body may review multiple applications
8133+32 submitted under this subsection at one (1) public hearing. If applicable,
8134+33 a township shall present and explain its application at the public
8135+34 hearing. From the amount of the certified distribution that is allocated
8136+35 to public safety purposes, and after making allocations under
8137+36 IC 6-3.6-11, the adopting body may adopt a resolution that one (1) or
8138+37 more township fire departments, volunteer fire departments, fire
8139+38 protection territories, or fire protection districts shall receive an amount
8140+39 of the tax revenue to be distributed under this section 4.3 of this
8141+40 chapter during the following calendar year up to one hundred percent
8142+41 (100%) of the revenue collected from that portion of the tax rate
8143+42 imposed for allocations for public safety purposes that does not exceed
8144+ES 1—LS 7244/DI 120 187
8145+1 a rate of five one-hundredths of one percent (0.05%). A resolution
8146+2 adopted under this subsection must include information on the service
8147+3 area for each township fire department, volunteer fire department, fire
8148+4 protection territory, or fire protection district, as applicable. Any
8149+5 distribution under this subsection must be based on the assessed value
8150+6 of real property, not including land, that is served by each township fire
8151+7 department, volunteer fire department, fire protection territory, or fire
8152+8 protection district, as applicable. The adopting body shall provide a
8153+9 copy of the resolution to the county auditor and the department of local
8154+10 government finance not more than fifteen (15) days after the resolution
8155+11 is adopted. A resolution adopted under this subsection and provided in
8156+12 a timely manner to the county auditor and the department applies only
8157+13 to distributions in the following calendar year. Any amount of tax
8158+14 revenue distributed under this subsection to a township fire department,
8159+15 volunteer fire department, fire protection territory, or fire protection
8160+16 district, as applicable, shall be distributed before the remainder of the
8161+17 tax revenue is allocated under subsection (b).
8162+18 SECTION 131. IC 6-3.6-6-8.5, AS AMENDED BY P.L.104-2022,
8163+19 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8164+20 JULY 1, 2027]: Sec. 8.5. (a) This section applies only to Marion
8165+21 County.
8166+22 (b) The adopting body may allocate additional general purpose
8167+23 revenue to fund the operation of a public library in Marion County as
8168+24 provided in an election, if any, made by the county fiscal body under
8169+25 IC 36-3-7-6. An allocation under this section shall be made from the
8170+26 part of the additional revenue that would otherwise be allocated as
8171+27 certified shares.
8172+28 (c) The adopting body may allocate additional general purpose
8173+29 revenue to fund the operation of a public transportation corporation as
8174+30 provided in an election, if any, made by the county fiscal body under
8175+31 IC 36-9-4-42. An allocation under this section shall be made from the
8176+32 part of the additional revenue that would otherwise be allocated as
8177+33 certified shares.
8178+34 (d) The adopting body may allocate additional general purpose
8179+35 revenue to fund the operation of a public communications systems and
8180+36 computer facilities district as provided in an election, if any, made by
8181+37 the county fiscal body under IC 36-8-15-19(b). The additional revenue
8182+38 shall be allocated and distributed before the allocation and distribution
8183+39 of the remaining tax revenue under this chapter.
8184+40 SECTION 132. IC 6-3.6-6-9 IS REPEALED [EFFECTIVE JULY
8185+41 1, 2027]. Sec. 9. (a) This section applies to the allocation of additional
8186+42 revenue from a tax under this chapter for economic development
8187+ES 1—LS 7244/DI 120 188
8188+1 purposes.
8189+2 (b) Money designated for economic development purposes shall be
8190+3 allocated to the county, cities, and towns for use by the taxing unit's
8191+4 fiscal body for any of the purposes described in IC 6-3.6-10. Except as
8192+5 provided in subsections (c) and (d) and IC 6-3.6-11, and subject to
8193+6 adjustment as provided in IC 36-8-19-7.5, the amount of the certified
8194+7 distribution allocated to economic development purposes that the
8195+8 county and each city or town in a county is entitled to receive each
8196+9 month of each year equals the amount determined using the following
8197+10 formula:
8198+11 STEP ONE: Determine the sum of:
8199+12 (A) the total property taxes being imposed by the county, city,
8200+13 or town during the calendar year preceding the distribution
8201+14 year; plus
8202+15 (B) for a county, the welfare allocation amount.
8203+16 STEP TWO: Determine the quotient of:
8204+17 (A) The STEP ONE amount; divided by
8205+18 (B) the sum of the total property taxes that are first due and
8206+19 payable to the county and all cities and towns of the county
8207+20 during the calendar year preceding the distribution year plus
8208+21 the welfare allocation amount.
8209+22 STEP THREE: Determine the product of:
8210+23 (A) the amount of the certified distribution allocated to
8211+24 economic development purposes for that month; multiplied by
8212+25 (B) the STEP TWO amount.
8213+26 (c) The body imposing the tax may adopt an ordinance before
8214+27 August 2 of a year to provide for a distribution of the amount allocated
8215+28 to economic development purposes based on population instead of a
8216+29 distribution under subsection (b). The following apply if an ordinance
8217+30 is adopted under this subsection:
8218+31 (1) The ordinance is effective January 1 of the following year.
8219+32 (2) The amount of the certified distribution allocated to economic
8220+33 development purposes that the county and each city and town in
8221+34 the county are entitled to receive during each month of each year
8222+35 equals the product of:
8223+36 (A) the amount of the certified distribution that is allocated to
8224+37 economic development purposes for the month; multiplied by
8225+38 (B) the quotient of:
8226+39 (i) for a city or town, the population of the city or the town
8227+40 that is located in the county and for a county, the population
8228+41 of the part of the county that is not located in a city or town;
8229+42 divided by
8230+ES 1—LS 7244/DI 120 189
8231+1 (ii) the population of the entire county.
8232+2 (3) The ordinance may be made irrevocable for the duration of
8233+3 specified lease rental or debt service payments.
8234+4 (d) In a county having a consolidated city, only the consolidated city
8235+5 is entitled to the amount of the certified distribution that is allocated to
8236+6 economic development purposes.
8237+7 SECTION 133. IC 6-3.6-6-9.5, AS ADDED BY P.L.243-2015,
8238+8 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8239+9 JULY 1, 2027]: Sec. 9.5. (a) The executive of a county, city, or town
8240+10 may:
8241+11 (1) adopt a capital improvement plan specifying the uses of the
8242+12 additional general purpose revenue to be allocated for economic
8243+13 development purposes; or
8244+14 (2) designate the county or a city or town in the county as the
8245+15 recipient of all or a part of its share of the additional general
8246+16 purpose revenue that is distributed to it for economic
8247+17 development purposes.
8248+18 (b) If a designation is made under subsection (a)(2), the county
8249+19 treasurer shall transfer the share or part of the share to the designated
8250+20 unit unless that unit does not have a capital improvement plan.
8251+21 (c) A county, city, or town that fails to adopt a capital improvement
8252+22 plan may not receive
8253+23 (1) its fractional amount of the additional revenue to be allocated
8254+24 for economic development purposes; or
8255+25 (2) any amount designated under subsection (a)(2)
8256+26 for the year or years in which the unit does not have a plan. The county
8257+27 treasurer shall retain the amounts not distributed for such a unit in a
8258+28 separate account until the unit adopts a plan. Interest on the separate
8259+29 account becomes part of the account. If a unit fails to adopt a plan for
8260+30 a period of three (3) years, the balance in the separate account shall be
8261+31 distributed to the other units in the county in the same manner that
8262+32 other additional general purpose revenue allocated for economic
8263+33 development purposes is distributed.
8264+34 (d) A capital improvement plan must include the following
8265+35 components:
8266+36 (1) Identification and general description of each project that
8267+37 would be funded by other additional general purpose revenue
8268+38 allocated for economic development purposes.
8269+39 (2) The estimated total cost of the project.
8270+40 (3) Identification of all sources of funds expected to be used for
8271+41 each project.
8272+42 (4) The planning, development, and construction schedule of each
8273+ES 1—LS 7244/DI 120 190
8274+1 project.
8275+2 (e) A capital improvement plan:
8276+3 (1) must encompass a period of not less than two (2) years; and
8277+4 (2) must incorporate projects the cost of which is at least
8278+5 seventy-five percent (75%) of the fractional amount of additional
8279+6 general purpose revenue allocated for economic development
8280+7 purposes that is expected to be received by the county, city, or
8281+8 town in that period.
8282+9 (f) In making a designation under subsection (a)(2), the executive
8283+10 must specify the purpose and duration of the designation. If the
8284+11 designation is made to provide for the payment of lease rentals or bond
8285+12 payments, the executive may specify that the designation and its
8286+13 duration are irrevocable.
8287+14 SECTION 134. IC 6-3.6-6-10 IS REPEALED [EFFECTIVE JULY
8288+15 1, 2027]. Sec. 10. (a) This section applies to additional revenue from
8289+16 a tax under this chapter that is allocated for certified shares.
8290+17 (b) Additional revenue remaining from a tax imposed under this
8291+18 chapter, after deducting the amounts allocated to public safety purposes
8292+19 and economic development purposes, shall be allocated among the civil
8293+20 taxing units as certified shares.
8294+21 SECTION 135. IC 6-3.6-6-11 IS REPEALED [EFFECTIVE JULY
8295+22 1, 2027]. Sec. 11. (a) Except as provided in this chapter and
8296+23 IC 6-3.6-11, this section applies to an allocation of certified shares in
8297+24 all counties.
8298+25 (b) Any civil taxing unit that imposed an ad valorem property tax
8299+26 levy in the county for the calendar year preceding the distribution year
8300+27 is eligible for an allocation for the distribution year under this chapter.
8301+28 (c) A school corporation is not a civil taxing unit for the purpose of
8302+29 receiving an allocation of certified shares under this chapter. The
8303+30 distributions to school corporations and civil taxing units in counties
8304+31 that formerly imposed a tax under IC 6-3.5-1.1 (repealed) as provided
8305+32 in section 3(a)(2) of this chapter is not considered an allocation of
8306+33 certified shares. A school corporation's allocation amount for purposes
8307+34 of section 3(a)(2) of this chapter shall be determined under section 12
8308+35 of this chapter.
8309+36 (d) A county solid waste management district (as defined in
8310+37 IC 13-11-2-47) or a joint solid waste management district (as defined
8311+38 in IC 13-11-2-113) is not a civil taxing unit for the purpose of receiving
8312+39 an allocation of certified shares under this chapter unless a majority of
8313+40 the members of each of the county fiscal bodies of the counties within
8314+41 the district passes a resolution approving the distribution.
8315+42 (e) A resolution passed by a county fiscal body under subsection (d)
8316+ES 1—LS 7244/DI 120 191
8317+1 may:
8318+2 (1) expire on a date specified in the resolution; or
8319+3 (2) remain in effect until the county fiscal body revokes or
8320+4 rescinds the resolution.
8321+5 SECTION 136. IC 6-3.6-6-12 IS REPEALED [EFFECTIVE JULY
8322+6 1, 2027]. Sec. 12. (a) Except as provided in this chapter and
8323+7 IC 6-3.6-11, this section applies to an allocation of certified shares in
8324+8 all counties.
8325+9 (b) The allocation amount of a civil taxing unit during a calendar
8326+10 year must be based on the amounts for the calendar year preceding the
8327+11 distribution year and is equal to the amount determined using the
8328+12 following formula:
8329+13 STEP ONE: Determine the sum of the total property taxes being
8330+14 imposed by the civil taxing unit.
8331+15 STEP TWO: Determine the sum of the following:
8332+16 (A) Amounts appropriated from property taxes to pay the
8333+17 principal of or interest on any debenture or other debt
8334+18 obligation issued after June 30, 2005, other than an obligation
8335+19 described in subsection (c).
8336+20 (B) Amounts appropriated from property taxes to make
8337+21 payments on any lease entered into after June 30, 2005, other
8338+22 than a lease described in subsection (d).
8339+23 STEP THREE: Subtract the STEP TWO amount from the STEP
8340+24 ONE amount.
8341+25 STEP FOUR: Determine the sum of:
8342+26 (A) the STEP THREE amount; plus
8343+27 (B) the civil taxing unit's certified shares plus the amount
8344+28 distributed under section 3(a)(2) of this chapter for the
8345+29 previous calendar year.
8346+30 The allocation amount is subject to adjustment as provided in
8347+31 IC 36-8-19-7.5.
8348+32 (c) Except as provided in this subsection, an appropriation for the
8349+33 calendar year preceding the distribution year from property taxes to
8350+34 repay interest and principal of a debt obligation is not deducted from
8351+35 the allocation amount for a civil taxing unit if:
8352+36 (1) the debt obligation was issued; and
8353+37 (2) the proceeds were appropriated from property taxes;
8354+38 to refund or otherwise refinance a debt obligation or a lease issued
8355+39 before July 1, 2005. However, an appropriation from property taxes
8356+40 related to a debt obligation issued after June 30, 2005, is deducted if
8357+41 the debt extends payments on a debt or lease beyond the time in which
8358+42 the debt or lease would have been payable if the debt or lease had not
8359+ES 1—LS 7244/DI 120 192
8360+1 been refinanced or increases the total amount that must be paid on a
8361+2 debt or lease in excess of the amount that would have been paid if the
8362+3 debt or lease had not been refinanced. The amount of the deduction is
8363+4 the annual amount for each year of the extension period or the annual
8364+5 amount of the increase over the amount that would have been paid.
8365+6 (d) Except as provided in this subsection, an appropriation for the
8366+7 calendar year preceding the distribution year from property taxes to
8367+8 make payments on a lease is not deducted from the allocation amount
8368+9 for a civil taxing unit if:
8369+10 (1) the lease was issued; and
8370+11 (2) the proceeds were appropriated from property taxes;
8371+12 to refinance a debt obligation or lease issued before July 1, 2005.
8372+13 However, an appropriation from property taxes related to a lease
8373+14 entered into after June 30, 2005, is deducted if the lease extends
8374+15 payments on a debt or lease beyond the time in which the debt or lease
8375+16 would have been payable if the debt or lease had not been refinanced
8376+17 or increases the total amount that must be paid on a debt or lease in
8377+18 excess of the amount that would have been paid if the debt or lease had
8378+19 not been refinanced. The amount of the deduction is the annual amount
8379+20 for each year of the extension period or the annual amount of the
8380+21 increase over the amount that would have been paid.
8381+22 SECTION 137. IC 6-3.6-6-14 IS REPEALED [EFFECTIVE JULY
8382+23 1, 2027]. Sec. 14. (a) This section applies to an allocation of certified
8383+24 shares in a county other than Marion County.
8384+25 (b) Subject to this chapter, certified shares must be allocated among
8385+26 civil taxing units based on the attributed allocation amount.
8386+27 (c) The amount of certified shares to be allocated to each civil
8387+28 taxing unit is equal to:
8388+29 (1) the total amount of the certified distribution that is allocated
8389+30 to certified shares for the county for the month; multiplied by
8390+31 (2) the quotient of:
8391+32 (A) the attributed allocation amount for the civil taxing unit in
8392+33 the county during the calendar year; divided by
8393+34 (B) the sum of the attributed allocation amounts for all civil
8394+35 taxing units in the county during the calendar year.
8395+36 SECTION 138. IC 6-3.6-6-15 IS REPEALED [EFFECTIVE JULY
8396+37 1, 2027]. Sec. 15. (a) This section applies to an allocation or
8397+38 distribution, or both, of certified shares that is required to be made to
8398+39 a civil taxing unit in a county other than Marion County.
8399+40 (b) IC 36-8-19-7.5 applies to the adjustment of the amounts
8400+41 distributed to a civil taxing unit that participates in a fire protection
8401+42 territory.
8402+ES 1—LS 7244/DI 120 193
8403+1 SECTION 139. IC 6-3.6-6-16 IS REPEALED [EFFECTIVE JULY
8404+2 1, 2027]. Sec. 16. IC 6-3.6-11 applies to the allocation of certified
8405+3 shares in Marion County.
8406+4 SECTION 140. IC 6-3.6-6-17, AS ADDED BY P.L.243-2015,
8407+5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8408+6 JULY 1, 2027]: Sec. 17. A county, city, town, or nonmunicipal civil
8409+7 taxing unit may use its certified shares general purpose revenue for
8410+8 any of the purposes of the civil taxing unit.
8411+9 SECTION 141. IC 6-3.6-6-18, AS ADDED BY P.L.243-2015,
8412+10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8413+11 JULY 1, 2027]: Sec. 18. (a) A county, city, town, or nonmunicipal
8414+12 civil taxing unit may pledge its certified shares general purpose
8415+13 revenue to the payment of bonds or to lease payments for:
8416+14 (1) any purpose of the civil taxing unit;
8417+15 (2) any purpose of another governmental entity located in any part
8418+16 in the county, including a governmental entity organized on a
8419+17 regional basis; or
8420+18 (3) any purpose for which certified shares general purpose
8421+19 revenue may be used by the unit under IC 6-3.6-10. this
8422+20 chapter.
8423+21 (b) The pledge must be approved in an ordinance adopted by the
8424+22 fiscal body of the political subdivision.
8425+23 SECTION 142. IC 6-3.6-6-19, AS ADDED BY P.L.243-2015,
8426+24 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8427+25 JULY 1, 2027]: Sec. 19. (a) A county, city, town, or nonmunicipal
8428+26 civil taxing unit may distribute any part of its certified shares general
8429+27 purpose revenue to any governmental entity located in any part of its
8430+28 county to:
8431+29 (1) carry out a joint purpose; or
8432+30 (2) fund the purposes of the other governmental entity;
8433+31 including a governmental entity organized on a regional basis to serve
8434+32 an area in more than one (1) county.
8435+33 (b) The distribution must be authorized by ordinance of the fiscal
8436+34 body of the civil taxing unit to which the revenue is allocated by this
8437+35 chapter. An ordinance must specify the purpose of the designation and
8438+36 its duration.
8439+37 (c) The fiscal body officer of the civil taxing unit may direct the
8440+38 county auditor in accordance with the ordinance to withhold from the
8441+39 civil taxing unit's allocation the amount that is the subject of the
8442+40 ordinance and distribute the amount directly to the other governmental
8443+41 entity authorized to receive the money.
8444+42 SECTION 143. IC 6-3.6-6-20 IS REPEALED [EFFECTIVE JULY
8445+ES 1—LS 7244/DI 120 194
8446+1 1, 2027]. Sec. 20. (a) This section does not apply to distributions of
8447+2 revenue under section 9 of this chapter.
8448+3 (b) This section applies only to the following:
8449+4 (1) Any allocation or distribution of revenue under section 3(a)(2)
8450+5 of this chapter that is made on the basis of property tax levies in
8451+6 counties that formerly imposed a tax under IC 6-3.5-1.1 (before
8452+7 its repeal January 1, 2017).
8453+8 (2) Any allocation or distribution of revenue under section 3(a)(3)
8454+9 of this chapter that is made on the basis of property tax levies in
8455+10 counties that formerly imposed a tax under IC 6-3.5-6 (before its
8456+11 repeal January 1, 2017).
8457+12 (c) Subject to subsection (b), if a school corporation or civil taxing
8458+13 unit of an adopting county does not impose a property tax levy that is
8459+14 first due and payable in the calendar year preceding the year in which
8460+15 revenue under section 3(a)(2) or 3(a)(3) of this chapter is being
8461+16 allocated or distributed, that school corporation or civil taxing unit is
8462+17 entitled to receive a part of the revenue under section 3(a)(2) or 3(a)(3)
8463+18 of this chapter (as appropriate) to be distributed within the county. The
8464+19 fractional amount that such a school corporation or civil taxing unit is
8465+20 entitled to receive each month during that calendar year equals the
8466+21 product of:
8467+22 (1) the amount of revenue under section 3(a)(2) or 3(a)(3) of this
8468+23 chapter to be distributed on the basis of property tax levies during
8469+24 that month; multiplied by
8470+25 (2) a fraction. The numerator of the fraction equals the budget of
8471+26 that school corporation or civil taxing unit for the distribution
8472+27 year. The denominator of the fraction equals the aggregate
8473+28 budgets of all school corporations or civil taxing units of that
8474+29 county for the distribution year.
8475+30 (d) Subject to subsection (b), if for a calendar year a school
8476+31 corporation or civil taxing unit is allocated a part of a county's revenue
8477+32 under section 3(a)(2) or 3(a)(3) of this chapter by subsection (c), the
8478+33 calculations used to determine the shares of revenue of all other school
8479+34 corporations and civil taxing units under section 3(a)(2) or 3(a)(3) of
8480+35 this chapter (as appropriate) shall be changed each month for that same
8481+36 year by reducing the amount of revenue to be distributed by the amount
8482+37 of revenue under section 3(a)(2) or 3(a)(3) of this chapter allocated
8483+38 under subsection (c) for that same month. The department of local
8484+39 government finance shall make any adjustments required by this
8485+40 subsection and provide them to the appropriate county auditors.
8486+41 SECTION 144. IC 6-3.6-6-21, AS ADDED BY P.L.229-2017,
8487+42 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8488+ES 1—LS 7244/DI 120 195
8489+1 JULY 1, 2027]: Sec. 21. A county, city, town, or nonmunicipal civil
8490+2 taxing unit may contribute any part of its certified shares general
8491+3 purpose revenue to the regional development infrastructure fund
8492+4 established by IC 36-9-43-9. The contribution must be approved in an
8493+5 ordinance adopted by the fiscal body of the political subdivision.
8494+6 SECTION 145. IC 6-3.6-6-21.2 IS REPEALED [EFFECTIVE JULY
8495+7 1, 2027]. Sec. 21.2. A school corporation that receives a distribution of
8496+8 revenue under section 3 of this chapter may allocate the revenue among
8497+9 any of its funds.
8498+10 SECTION 146. IC 6-3.6-6-21.3, AS ADDED BY P.L.137-2024,
8499+11 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8500+12 JULY 1, 2027]: Sec. 21.3. (a) This section applies to distributions of
8501+13 revenue before January 1, 2028. This section:
8502+14 (1) does not apply to:
8503+15 (A) distributions made under this chapter to a civil taxing unit
8504+16 for fire protection services within a fire protection territory
8505+17 established under IC 36-8-19; or
8506+18 (B) distributions of revenue under section 9 of this chapter
8507+19 (before its repeal); and
8508+20 (2) applies only to the following:
8509+21 (A) Any allocation or distribution of revenue under section
8510+22 3(a)(2) of this chapter (as in effect before July 1, 2027) that
8511+23 is made on the basis of property tax levies in counties that
8512+24 formerly imposed a tax under IC 6-3.5-1.1 (before its repeal on
8513+25 January 1, 2017).
8514+26 (B) Any allocation or distribution of revenue under section
8515+27 3(a)(3) of this chapter (as in effect before July 1, 2027) that
8516+28 is made on the basis of property tax levies in counties that
8517+29 formerly imposed a tax under IC 6-3.5-6 (before its repeal on
8518+30 January 1, 2017).
8519+31 (b) Subject to subsection (a), if two (2) or more:
8520+32 (1) school corporations; or
8521+33 (2) civil taxing units;
8522+34 of an adopting county merge or consolidate to form a single school
8523+35 corporation or civil taxing unit, the school corporation or civil taxing
8524+36 unit that is in existence on January 1 of the current year is entitled to
8525+37 the combined pro rata distribution of the revenue under section 3(a)(2)
8526+38 or 3(a)(3) (as in effect before July 1, 2027) of this chapter (as
8527+39 appropriate) allocated to each applicable school corporation or civil
8528+40 taxing unit in existence on January 1 of the immediately preceding
8529+41 calendar year prior to the merger or consolidation.
8530+42 (c) The department of local government finance shall make
8531+ES 1—LS 7244/DI 120 196
8532+1 adjustments to civil taxing units in accordance with IC 6-1.1-18.5-7.
8533+2 SECTION 147. IC 6-3.6-6-22 IS ADDED TO THE INDIANA
8534+3 CODE AS A NEW SECTION TO READ AS FOLLOWS
8535+4 [EFFECTIVE JULY 1, 2027]: Sec. 22. (a) As used in this section,
8536+5 "municipality" means only a city or town that:
8537+6 (1) has a population of three thousand five hundred (3,500) or
8538+7 more; and
8539+8 (2) in the case of a city or town whose population decreased in
8540+9 the most recent federal decennial census from three thousand
8541+10 five hundred (3,500) or more to less than three thousand five
8542+11 hundred (3,500), has elected by ordinance to continue to use
8543+12 its previous population of three thousand five hundred (3,500)
8544+13 or more as set forth in section 23(b)(2) of this chapter for
8545+14 purposes of the allocation determination under section 6.1 of
8546+15 this chapter.
8547+16 The term does not include a city or town that has made an election
8548+17 under section 23(b)(3) of this chapter.
8549+18 (b) Beginning after December 31, 2027, the fiscal body of a
8550+19 municipality may by ordinance and subject to subsection (e),
8551+20 impose a local income tax rate on the adjusted gross income of
8552+21 local taxpayers in the municipality that does not exceed one and
8553+22 two-tenths percent (1.2%).
8554+23 (c) The following apply if a municipality imposes a local income
8555+24 tax rate under this section:
8556+25 (1) A local income tax rate imposed by a municipality under
8557+26 this section applies only to local taxpayers within the territory
8558+27 of the municipality.
8559+28 (2) The local income tax is imposed in addition to a tax
8560+29 imposed by the county in which the municipality is located in
8561+30 accordance with IC 6-3.6-4-1(a) and IC 6-3.6-4-1(c).
8562+31 (3) The following provisions of this article apply to a local
8563+32 income tax rate imposed by a municipality under subsection
8564+33 (b):
8565+34 (A) IC 6-3.6-3 (adoption of the tax), including the effective
8566+35 date of an ordinance under IC 6-3.6-3-3.3.
8567+36 (B) IC 6-3.6-4 (imposition of the tax), except that
8568+37 IC 6-3.6-4-2 and IC 6-3.6-4-3 do not apply.
8569+38 (C) IC 6-3.6-8 (administration of the tax).
8570+39 (4) A local income tax rate imposed by a municipality shall
8571+40 apply to professional athletes who compete in the
8572+41 municipality, unless exempted under IC 6-3-2-27.5 or other
8573+42 provision of law.
8574+ES 1—LS 7244/DI 120 197
8575+1 (d) The amount of the tax revenue that is from the local income
8576+2 tax rate imposed under this section and that is collected for a
8577+3 calendar year shall be treated as general purpose revenue and
8578+4 must be distributed to the fiscal officer of the municipality that
8579+5 imposed the tax before July 1 of the next calendar year.
8580+6 (e) Beginning after December 31, 2030, a tax rate imposed under
8581+7 subsection (b) shall expire on December 31 of each calendar year.
8582+8 A municipality wishing to continue, increase, or decrease a tax rate
8583+9 in the succeeding year must pass an ordinance to readopt a tax rate
8584+10 in accordance with IC 6-3.6-3-3.3. This subsection applies
8585+11 regardless of whether there is a modification in the tax rate or the
8586+12 rate is unchanged from the previous year.
8587+13 SECTION 148. IC 6-3.6-6-23 IS ADDED TO THE INDIANA
8588+14 CODE AS A NEW SECTION TO READ AS FOLLOWS
8589+15 [EFFECTIVE JULY 1, 2027]: Sec. 23. (a) This section applies in
8590+16 determining the population of a city or town for the purposes of
8591+17 this chapter.
8592+18 (b) The following apply:
8593+19 (1) Except as provided in subdivisions (2) and (3), the
8594+20 population of a city or town is the population of the city or
8595+21 town that is reported by the 2020 federal decennial census.
8596+22 (2) Beginning after 2030, if the population of a city or town:
8597+23 (A) increases from a population of less than three thousand
8598+24 five hundred (3,500), as reported by the immediately
8599+25 preceding federal decennial census, to a population of
8600+26 three thousand five hundred (3,500) or more, as reported
8601+27 by the most recent federal decennial census, or, if
8602+28 applicable, any corrected population count (as defined in
8603+29 IC 1-1-3.5-1.5) issued for the city or town in the year
8604+30 succeeding the most recent federal decennial census; or
8605+31 (B) decreases from a population of three thousand five
8606+32 hundred (3,500) or more, as reported by the immediately
8607+33 preceding federal decennial census, to a population of less
8608+34 than three thousand five hundred (3,500), as reported by
8609+35 the most recent federal decennial census, or, if applicable,
8610+36 any corrected population count (as defined in
8611+37 IC 1-1-3.5-1.5) issued for the city or town in the year
8612+38 succeeding the most recent federal decennial census;
8613+39 the fiscal body of the city or town may adopt an ordinance on
8614+40 or before September 1 of the calendar year immediately
8615+41 succeeding the most recent federal decennial census to
8616+42 continue to use the population of the city or town as reported
8617+ES 1—LS 7244/DI 120 198
8618+1 by the immediately preceding federal decennial census and
8619+2 the resulting determination for the city or town under section
8620+3 22 of this chapter, notwithstanding the increase or decrease in
8621+4 its population as reported by the most recent federal
8622+5 decennial census as described in this subdivision. An
8623+6 ordinance adopted under this subdivision shall take effect on
8624+7 January 1 of the calendar year that immediately succeeds the
8625+8 year in which the ordinance is adopted. The fiscal officer of
8626+9 the city or town shall provide a certified copy of an ordinance
8627+10 adopted under this subdivision to the department of local
8628+11 government finance.
8629+12 (3) This subdivision applies only to cities and towns with a
8630+13 population of more than three thousand five hundred (3,500)
8631+14 but less than seven thousand (7,000). Notwithstanding any
8632+15 other provision, a fiscal body of a city or town may adopt an
8633+16 ordinance to elect to be treated as if the city's or town's
8634+17 population is less than three thousand five hundred (3,500) for
8635+18 purposes of a county local income tax rate and distribution
8636+19 under this chapter. An ordinance adopted under this
8637+20 subdivision shall take effect on January 1 of the calendar year
8638+21 that immediately succeeds the year in which the ordinance is
8639+22 adopted. The fiscal officer of the city or town shall provide a
8640+23 certified copy of an ordinance adopted under this subdivision
8641+24 to the department of local government finance. An ordinance
8642+25 adopted by a city or town under this subdivision is not
8643+26 revocable and shall not expire following the next federal
8644+27 decennial census.
8645+28 SECTION 149. IC 6-3.6-7-9, AS AMENDED BY P.L.239-2023,
8646+29 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8647+30 JULY 1, 2027]: Sec. 9. (a) This section applies only to Hancock
8648+31 County.
8649+32 (b) The county fiscal body may, by ordinance, allocate part of the
8650+33 tax rate imposed under IC 6-3.6-5 (before its expiration), not to
8651+34 exceed a tax rate of fifteen hundredths percent (0.15%), to a property
8652+35 tax credit against the property tax liability imposed for public libraries
8653+36 in the county, if all territory in the county is included in a library
8654+37 district. The county treasurer shall establish a library property tax
8655+38 replacement fund to be used only for the purposes described in this
8656+39 section. Tax revenues derived from the part of the tax rate imposed
8657+40 under IC 6-3-5 IC 6-3.6-5 (before its expiration) that is designated for
8658+41 property tax replacement credits under this section shall be deposited
8659+42 in the library property tax replacement fund. Any interest earned on
8660+ES 1—LS 7244/DI 120 199
8661+1 money in the library property tax replacement fund shall be credited to
8662+2 the library property tax replacement fund.
8663+3 (c) The amount of property tax replacement credits that each public
8664+4 library in the county is entitled to receive during a calendar year under
8665+5 this section (before the expiration of IC 6-3.6-5) equals the lesser of:
8666+6 (1) the product of:
8667+7 (A) the amount of revenue deposited by the county auditor in
8668+8 the library property tax replacement fund; multiplied by
8669+9 (B) a fraction described as follows:
8670+10 (i) The numerator of the fraction equals the sum of the total
8671+11 property taxes that would have been collected by the public
8672+12 library during the previous calendar year from taxpayers
8673+13 located within the library district if the property tax
8674+14 replacement under this section had not been in effect.
8675+15 (ii) The denominator of the fraction equals the sum of the
8676+16 total property taxes that would have been collected during
8677+17 the previous year from taxpayers located within the county
8678+18 by all public libraries that are eligible to receive property tax
8679+19 replacement credits under this section if the property tax
8680+20 replacement under this section had not been in effect; or
8681+21 (2) the total property taxes that would otherwise be collected by
8682+22 the public library for the calendar year if the property tax
8683+23 replacement credit under this section were not in effect.
8684+24 The department of local government finance shall make any
8685+25 adjustments necessary to account for the expansion of a library district.
8686+26 However, a public library is eligible to receive property tax
8687+27 replacement credits under this section only if it has entered into
8688+28 reciprocal borrowing agreements with all other public libraries in the
8689+29 county. If the total amount of tax revenue deposited by the county
8690+30 auditor in the library property tax replacement fund for a calendar year
8691+31 exceeds the total property tax liability that would otherwise be imposed
8692+32 for public libraries in the county for the year, the excess must remain
8693+33 in the library property tax replacement fund and may be used for library
8694+34 property tax replacement purposes in the following calendar year.
8695+35 (d) A public library receiving property tax replacement credits under
8696+36 this section shall allocate the credits among each fund for which a
8697+37 distinct property tax levy is imposed in proportion to the property taxes
8698+38 levied for each fund. However, if a public library did not impose a
8699+39 property tax levy during the previous calendar year or did not impose
8700+40 a property tax levy for a particular fund during the previous calendar
8701+41 year, but the public library is imposing a property tax levy in the
8702+42 current calendar year or is imposing a property tax levy for the
8703+ES 1—LS 7244/DI 120 200
8704+1 particular fund in the current calendar year, the department of local
8705+2 government finance shall adjust the amount of property tax
8706+3 replacement credits allocated among the various funds of the public
8707+4 library and shall provide the adjustment to the county auditor. If a
8708+5 public library receiving property tax replacement credits under this
8709+6 section does not impose a property tax levy for a particular fund that is
8710+7 first due and payable in a calendar year in which the property tax
8711+8 replacement credits are being distributed, the public library is not
8712+9 required to allocate to that fund a part of the property tax replacement
8713+10 credits to be distributed to the public library. Notwithstanding
8714+11 IC 6-1.1-20-1.1(a)(1), a public library that receives property tax
8715+12 replacement credits under this section is subject to the procedures for
8716+13 the issuance of bonds set forth in IC 6-1.1-20.
8717+14 (e) A public library shall treat property tax replacement credits
8718+15 received during a particular calendar year under this section as a part
8719+16 of the public library's property tax levy for each fund for that same
8720+17 calendar year for purposes of fixing the public library's budget and for
8721+18 purposes of the property tax levy limits imposed by IC 6-1.1-18.5.
8722+19 (f) For the purpose of allocating tax revenue under IC 6-3.6-6 and
8723+20 computing and distributing tax revenue under IC 6-5.5 or IC 6-6-5, the
8724+21 property tax replacement credits that are received under this section
8725+22 shall be treated as though they were property taxes that were due and
8726+23 payable during that same calendar year.
8727+24 SECTION 150. IC 6-3.6-7-28, AS AMENDED BY P.L.136-2024,
8728+25 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8729+26 JULY 1, 2027]: Sec. 28. (a) This section applies to Grant County and
8730+27 only if the local income tax council county adopting body repeals
8731+28 provisions of its local income tax ordinance providing that under
8732+29 IC 6-3.6-10-2(7) one-hundredth of one percent (0.01%) of the county's
8733+30 special purpose rate revenue is used to fund the Grant County
8734+31 Economic Growth Council, Inc.
8735+32 (b) The local income tax council county adopting body may, by
8736+33 ordinance, determine that additional local income tax revenue is
8737+34 needed in the county to do the following:
8738+35 (1) Finance, construct, acquire, improve, renovate, and equip the
8739+36 county jail, including costs related to the demolition of existing
8740+37 buildings, the acquisition of land, and any other reasonably
8741+38 related costs.
8742+39 (2) Repay bonds issued or leases entered into for the purposes
8743+40 described in subdivision (1).
8744+41 (c) If the local income tax council county adopting body makes the
8745+42 determination set forth in subsection (b), the local income tax council
8746+ES 1—LS 7244/DI 120 201
8747+1 county adopting body may impose a tax on the adjusted gross income
8748+2 of local taxpayers at a tax rate that does not exceed the lesser of the
8749+3 following:
8750+4 (1) Five-tenths percent (0.5%).
8751+5 (2) The rate necessary to carry out the purposes described in this
8752+6 section.
8753+7 The tax rate may not be greater than the rate necessary to pay for the
8754+8 purposes described in subsection (b).
8755+9 (d) The tax rate used to pay for the purposes described in subsection
8756+10 (b)(1) and (b)(2) may be imposed only until the latest of the following
8757+11 dates:
8758+12 (1) The date on which the financing, construction, acquisition,
8759+13 improvement, renovation, and equipping of the facilities as
8760+14 described in subsection (b) are completed.
8761+15 (2) The date on which the last of any bonds issued (including
8762+16 refunding bonds) or leases entered into to finance the
8763+17 construction, acquisition, improvement, renovation, and
8764+18 equipping of the facilities described in subsection (b) are fully
8765+19 paid.
8766+20 (3) The date on which an ordinance adopted under subsection (c)
8767+21 is rescinded.
8768+22 (e) The tax rate under this section may be imposed beginning in the
8769+23 year following the year the ordinance is adopted and until the date on
8770+24 which the ordinance adopted under this section is rescinded.
8771+25 (f) The term of a bond issued (including any refunding bond) or a
8772+26 lease entered into under subsection (b) may not exceed twenty-five (25)
8773+27 years.
8774+28 (g) The county treasurer shall establish a county jail revenue fund
8775+29 to be used only for the purposes described in this section. Local income
8776+30 tax revenues derived from the tax rate imposed under this section shall
8777+31 be deposited in the county jail revenue fund.
8778+32 (h) Local income tax revenues derived from the tax rate imposed
8779+33 under this section:
8780+34 (1) may be used only for the purposes described in this section;
8781+35 (2) may not be considered by the department of local government
8782+36 finance in determining the county's maximum permissible
8783+37 property tax levy limit under IC 6-1.1-18.5; and
8784+38 (3) may be pledged to the repayment of bonds issued or leases
8785+39 entered into for the purposes described in subsection (b).
8786+40 (i) Grant County possesses unique governmental challenges and
8787+41 opportunities due to deficiencies in the current county jail. The use of
8788+42 local income tax revenues as provided in this section is necessary for
8789+ES 1—LS 7244/DI 120 202
8790+1 the county to provide adequate jail capacity in the county and to
8791+2 maintain low property tax rates essential to economic development.
8792+3 The use of local income tax revenues as provided in this section to pay
8793+4 any bonds issued or leases entered into to finance the construction,
8794+5 acquisition, improvement, renovation, and equipping of the facilities
8795+6 described in subsection (b), rather than the use of property taxes,
8796+7 promotes those purposes.
8797+8 (j) Money accumulated from the local income tax rate imposed
8798+9 under this section after the termination of the tax under this section
8799+10 shall be transferred to the county rainy day fund under IC 36-1-8-5.1.
8800+11 SECTION 151. IC 6-3.6-8-3, AS ADDED BY P.L.243-2015,
8801+12 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8802+13 JANUARY 1, 2028]: Sec. 3. (a) For purposes of this article, an
8803+14 individual shall be treated as a resident of the county (or the
8804+15 municipality in the case of a local income tax imposed under
8805+16 IC 6-3.6-6-22) in which the individual:
8806+17 (1) maintains a home, if the individual maintains only one (1)
8807+18 home in Indiana;
8808+19 (2) if subdivision (1) does not apply, is registered to vote;
8809+20 (3) if subdivision (1) or (2) does not apply, registers the
8810+21 individual's personal automobile; or
8811+22 (4) spent the majority of the individual's time in Indiana during
8812+23 the taxable year in question, if subdivision (1), (2), or (3) does not
8813+24 apply.
8814+25 (b) The residence or principal place of business or employment of
8815+26 an individual is to be determined on January 1 of the calendar year in
8816+27 which the individual's taxable year commences. If an individual
8817+28 changes the location of the individual's residence or principal place of
8818+29 employment or business to another county (or municipality in the
8819+30 case of a local income tax imposed under IC 6-3.6-6-22) in Indiana
8820+31 during a calendar year, the individual's liability for tax is not affected.
8821+32 (c) Notwithstanding subsection (b), if an individual becomes a local
8822+33 taxpayer for purposes of IC 36-7-27 during a calendar year because the
8823+34 individual
8824+35 (1) changes the location of the individual's residence to a county
8825+36 or municipality in which the individual begins employment or
8826+37 business at a qualified economic development tax project (as
8827+38 defined in IC 36-7-27-9), or
8828+39 (2) changes the location of the individual's principal place of
8829+40 employment or business to a qualified economic development tax
8830+41 project and does not reside in another county in which a tax is in
8831+42 effect;
8832+ES 1—LS 7244/DI 120 203
8833+1 the individual's adjusted gross income attributable to employment or
8834+2 business at the qualified economic development tax project is taxable
8835+3 only by the county or municipality containing the qualified economic
8836+4 development tax project.
8837+5 SECTION 152. IC 6-3.6-8-4, AS ADDED BY P.L.243-2015,
8838+6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8839+7 JULY 1, 2027]: Sec. 4. (a) Using procedures provided under this
8840+8 chapter, the adopting body of any adopting county or municipality
8841+9 may pass an ordinance to enter into reciprocity agreements with the
8842+10 taxing authority of any city, town, municipality, county, or other similar
8843+11 local governmental entity of any other state. The reciprocity
8844+12 agreements must provide that the income of resident local taxpayers is
8845+13 exempt from income taxation by the other local governmental entity to
8846+14 the extent income of the residents of the other local governmental
8847+15 entity is exempt from the tax in the adopting county or municipality.
8848+16 (b) A reciprocity agreement adopted under this section may not
8849+17 become effective until it is also made effective in the other local
8850+18 governmental entity that is a party to the agreement.
8851+19 (c) The form and effective date of any reciprocity agreement
8852+20 described in this section must be approved by the department.
8853+21 SECTION 153. IC 6-3.6-8-5, AS AMENDED BY P.L.197-2016,
8854+22 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8855+23 JANUARY 1, 2028]: Sec. 5. (a) Except as otherwise provided in
8856+24 subsection (b) and the other provisions of this article, all provisions of
8857+25 the adjusted gross income tax law (IC 6-3) concerning:
8858+26 (1) definitions;
8859+27 (2) declarations of estimated tax;
8860+28 (3) filing of returns;
8861+29 (4) deductions or exemptions from adjusted gross income;
8862+30 (5) remittances;
8863+31 (6) incorporation of the provisions of the Internal Revenue Code;
8864+32 (7) penalties and interest; and
8865+33 (8) exclusion of military pay credits for withholding;
8866+34 apply to the imposition, collection, and administration of the tax
8867+35 imposed by this article.
8868+36 (b) IC 6-3-3-3, IC 6-3-3-5, and IC 6-3-5-1 do not apply to the tax
8869+37 imposed by this article.
8870+38 (c) Notwithstanding subsections (a) and (b), each employer shall
8871+39 report to the department of state revenue the amount of withholdings
8872+40 attributable to each county (or each municipality in the case of a
8873+41 local income tax imposed under IC 6-3.6-6-22). This report shall be
8874+42 submitted to the department of state revenue:
8875+ES 1—LS 7244/DI 120 204
8876+1 (1) each time the employer remits to the department the tax that
8877+2 is withheld; and
8878+3 (2) annually along with the employer's annual withholding report.
8879+4 SECTION 154. IC 6-3.6-9-1, AS AMENDED BY P.L.165-2021,
8880+5 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8881+6 JULY 1, 2027]: Sec. 1. (a) The budget agency shall maintain an
8882+7 accounting for each county imposing a tax based on annual returns
8883+8 filed by or for county taxpayers. Any undistributed amounts so
8884+9 accounted for shall be held in reserve for the respective counties
8885+10 separate from the state general fund.
8886+11 (b) Undistributed amounts shall be invested by the treasurer of state
8887+12 and the income earned shall be credited to the counties based on each
8888+13 county's undistributed amount.
8889+14 (c) This section expires December 31, 2027.
8890+15 SECTION 155. IC 6-3.6-9-1.1 IS ADDED TO THE INDIANA
8891+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
8892+17 [EFFECTIVE JULY 1, 2027]: Sec. 1.1. As used in this chapter, "state
8893+18 and local income tax holding account" refers to the state and local
8894+19 income tax holding account established by section 20 of this
8895+20 chapter.
8896+21 SECTION 156. IC 6-3.6-9-4, AS AMENDED BY P.L.137-2022,
8897+22 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8898+23 JULY 1, 2027]: Sec. 4. Revenue derived from the imposition of the tax
8899+24 shall, in the manner prescribed by this chapter, be distributed to the
8900+25 county that imposed it. The amount that is to be distributed to a county
8901+26 during an ensuing calendar year equals the amount of tax revenue that
8902+27 the budget agency determines has been:
8903+28 (1) attributed to that county for a taxable year ending in a calendar
8904+29 year preceding the calendar year in which the determination is
8905+30 made; and
8906+31 (2) reported on an annual return or amended return filed by or for
8907+32 a county taxpayer and processed by the department in the state
8908+33 fiscal year ending before July 1, or for a federal income tax
8909+34 deadline set after July 1, a date set by the department for a period
8910+35 of not more than sixty (60) days beyond the federal deadline, of
8911+36 the calendar year in which the determination is made;
8912+37 without adjustment based on the enactment of a tax rate change
8913+38 under IC 6-3.6-6-2 or IC 6-3.6-6-22 in the first preceding calendar
8914+39 year it becomes effective.
8915+40 SECTION 157. IC 6-3.6-9-4.1, AS ADDED BY P.L.165-2021,
8916+41 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8917+42 JULY 1, 2027]: Sec. 4.1. The budget agency shall adjust the amounts
8918+ES 1—LS 7244/DI 120 205
8919+1 determined under section 4 of this chapter for the credits claimed
8920+2 against local income taxes under IC 6-3.6-8-6 and IC 6-3.1-19. The
8921+3 adjustments made by the budget agency may be phased-in over several
8922+4 fiscal calendar years until the credits are fully accounted for.
8923+5 SECTION 158. IC 6-3.6-9-5, AS AMENDED BY P.L.32-2021,
8924+6 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8925+7 JULY 1, 2027]: Sec. 5. (a) Before August 2 of each calendar year, the
8926+8 budget agency shall provide to the department of local government
8927+9 finance and the county auditor of each adopting county an estimate of
8928+10 the amount determined under section 4 of this chapter that will be
8929+11 distributed to the county, based on known tax rates. Subject to
8930+12 subsection (c), not later than fifteen (15) days after receiving the
8931+13 estimate of the certified distribution, the department of local
8932+14 government finance shall determine for each taxing unit and notify the
8933+15 county auditor of the estimated amount of property tax credits, school
8934+16 distributions, public safety revenue, economic development revenue,
8935+17 certified shares, and special purpose revenue that will be distributed to
8936+18 the taxing unit under this chapter during the ensuing calendar year. Not
8937+19 later than thirty (30) days after receiving the department's estimate, the
8938+20 county auditor shall notify each taxing unit of the amounts estimated
8939+21 for the taxing unit.
8940+22 (b) (a) Before October 1 of each calendar year, the budget agency
8941+23 shall certify to the department of local government finance and the
8942+24 county auditor of each adopting county
8943+25 (1) the amount determined under section sections 4 and 4.1 of
8944+26 this chapter. and
8945+27 (2) the amount of interest in the county's account that has accrued
8946+28 and has not been included in a certification made in a preceding
8947+29 year.
8948+30 The amount certified is the county's certified distribution for the
8949+31 immediately succeeding calendar year. The amount certified shall be
8950+32 adjusted, as necessary, under sections 6, 7, and 8 6 and 7 of this
8951+33 chapter. Subject to subsection (d), (b), not later than fifteen (15) days
8952+34 thirty (30) days after receiving the amount of the certified distribution,
8953+35 the department of local government finance shall determine for each
8954+36 taxing unit and notify the county auditor of the certified amount of
8955+37 property tax credits, school distributions, public safety revenue,
8956+38 economic development revenue, certified shares, and special purpose
8957+39 revenue that will be distributed to the taxing unit under this chapter
8958+40 during the ensuing calendar year. Not later than thirty (30) days after
8959+41 receiving the department's estimate, the county auditor shall notify each
8960+42 taxing unit of the certified amounts for the taxing unit.
8961+ES 1—LS 7244/DI 120 206
8962+1 (c) This subsection applies to Lake County. When the department
8963+2 of local government finance notifies the county auditor of the estimated
8964+3 amount of property tax credits, school distributions, public safety
8965+4 revenue, economic development revenue, certified shares, and special
8966+5 purpose revenue that will be distributed to the taxing unit under this
8967+6 chapter during the ensuing calendar year, the department of local
8968+7 government finance shall also determine the amount of additional
8969+8 revenue allocated for economic development purposes that will be
8970+9 distributed to each civil taxing unit, reduced by an amount that is equal
8971+10 to the following percentages of the tax revenue that would otherwise be
8972+11 allocated for economic development purposes and distributed to the
8973+12 civil taxing unit:
8974+13 (1) For Lake County, an amount equal to twenty-five percent
8975+14 (25%).
8976+15 (2) For Crown Point, an amount equal to ten percent (10%).
8977+16 (3) For Dyer, an amount equal to fifteen percent (15%).
8978+17 (4) For Gary, an amount equal to seven and five-tenths percent
8979+18 (7.5%).
8980+19 (5) For Hammond, an amount equal to fifteen percent (15%).
8981+20 (6) For Highland, an amount equal to twelve percent (12%).
8982+21 (7) For Hobart, an amount equal to eighteen percent (18%).
8983+22 (8) For Lake Station, an amount equal to twenty percent (20%).
8984+23 (9) For Lowell, an amount equal to fifteen percent (15%).
8985+24 (10) For Merrillville, an amount equal to twenty-two percent
8986+25 (22%).
8987+26 (11) For Munster, an amount equal to thirty-four percent (34%).
8988+27 (12) For New Chicago, an amount equal to one percent (1%).
8989+28 (13) For Schererville, an amount equal to ten percent (10%).
8990+29 (14) For Schneider, an amount equal to twenty percent (20%).
8991+30 (15) For Whiting, an amount equal to twenty-five percent (25%).
8992+31 (16) For Winfield, an amount equal to fifteen percent (15%).
8993+32 The department of local government finance shall notify the county
8994+33 auditor of the amounts of the reductions and the remaining amounts to
8995+34 be distributed.
8996+35 (d) (b) This subsection applies to Lake County. When the
8997+36 department of local government finance notifies the county auditor of
8998+37 the certified amount of property tax credits, school distributions, public
8999+38 safety revenue, economic development revenue, certified shares, and
9000+39 special purpose revenue that will be distributed to the taxing unit under
9001+40 this chapter during the ensuing calendar year, the department of local
9002+41 government finance shall also determine the amount of additional
9003+42 revenue general purpose revenue allocated for economic development
9004+ES 1—LS 7244/DI 120 207
9005+1 purposes that will be distributed to each civil taxing unit, reduced by
9006+2 an amount that is equal to the following percentages of the tax revenue
9007+3 that would otherwise be allocated for economic development purposes
9008+4 and distributed to the civil taxing unit:
9009+5 (1) For Lake County, an amount equal to twenty-five percent
9010+6 (25%).
9011+7 (2) For Crown Point, an amount equal to ten percent (10%).
9012+8 (3) For Dyer, an amount equal to fifteen percent (15%).
9013+9 (4) For Gary, an amount equal to seven and five-tenths percent
9014+10 (7.5%).
9015+11 (5) For Hammond, an amount equal to fifteen percent (15%).
9016+12 (6) For Highland, an amount equal to twelve percent (12%).
9017+13 (7) For Hobart, an amount equal to eighteen percent (18%).
9018+14 (8) For Lake Station, an amount equal to twenty percent (20%).
9019+15 (9) For Lowell, an amount equal to fifteen percent (15%).
9020+16 (10) For Merrillville, an amount equal to twenty-two percent
9021+17 (22%).
9022+18 (11) For Munster, an amount equal to thirty-four percent (34%).
9023+19 (12) For New Chicago, an amount equal to one percent (1%).
9024+20 (13) For Schererville, an amount equal to ten percent (10%).
9025+21 (14) For Schneider, an amount equal to twenty percent (20%).
9026+22 (15) For Whiting, an amount equal to twenty-five percent (25%).
9027+23 (16) For Winfield, an amount equal to fifteen percent (15%).
9028+24 The department of local government finance shall notify the county
9029+25 auditor of the remaining amounts to be distributed and the amounts of
9030+26 the reductions that will be withheld under IC 6-3.6-11-5.5.
9031+27 SECTION 159. IC 6-3.6-9-6, AS ADDED BY P.L.243-2015,
9032+28 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9033+29 JULY 1, 2027]: Sec. 6. The budget agency shall certify an amount less
9034+30 than the amount determined under section 5(b) 5(a) of this chapter if
9035+31 the budget agency determines that the reduced distribution is necessary
9036+32 to offset overpayments made in a calendar year before the calendar year
9037+33 of the distribution. The budget agency may reduce the amount of the
9038+34 certified distribution over several calendar years so that any
9039+35 overpayments are offset over several years rather than in one (1) lump
9040+36 sum.
9041+37 SECTION 160. IC 6-3.6-9-7, AS ADDED BY P.L.243-2015,
9042+38 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9043+39 JULY 1, 2027]: Sec. 7. (a) The budget agency shall adjust the certified
9044+40 distribution of a county to correct for any clerical or mathematical
9045+41 errors made in any previous certification under this section. The budget
9046+42 agency may reduce the amount of the certified distribution over several
9047+ES 1—LS 7244/DI 120 208
9048+1 calendar years so that any adjustment under this subsection is offset
9049+2 over several years rather than in one (1) lump sum.
9050+3 (b) The budget agency may not reduce, adjust, or modify a
9051+4 certified distribution of a county after it has been presented as part
9052+5 of the report to the budget committee for the immediately
9053+6 succeeding calendar year under section 21 of this chapter, except
9054+7 in the case of clerical and mathematical errors.
9055+8 SECTION 161. IC 6-3.6-9-8 IS REPEALED [EFFECTIVE JULY
9056+9 1, 2027]. Sec. 8. This section applies to a county that imposes,
9057+10 increases, decreases, or rescinds a tax or tax rate under this article
9058+11 before November 1 in the same calendar year in which the budget
9059+12 agency makes a certification under this section. The budget agency
9060+13 shall adjust the certified distribution of a county to provide for a
9061+14 distribution in the immediately following calendar year and in each
9062+15 calendar year thereafter. The budget agency shall provide for a full
9063+16 transition to certification of distributions as provided in section 4(1)
9064+17 through 4(2) of this chapter in the manner provided in section 6 of this
9065+18 chapter. If the county imposes, increases, decreases, or rescinds a tax
9066+19 or tax rate under this article after the date for which a certification
9067+20 under section 5(b) of this chapter is based, the budget agency shall
9068+21 adjust the certified distribution of the county after October 1 and before
9069+22 December 1 of the calendar year. The adjustment must reflect any other
9070+23 adjustment required under sections 6 and 7 of this chapter. The
9071+24 adjusted certification shall be treated as the county's certified
9072+25 distribution for the immediately succeeding calendar year. The budget
9073+26 agency shall certify the adjusted certified distribution to the county
9074+27 auditor for the county and provide the county council with an
9075+28 informative summary of the calculations that revises the informative
9076+29 summary provided in section 9 of this chapter and reflects the changes
9077+30 made in the adjustment.
9078+31 SECTION 162. IC 6-3.6-9-8.5 IS REPEALED [EFFECTIVE JULY
9079+32 1, 2027]. Sec. 8.5. (a) The budget agency shall before February 1,
9080+33 2018, transfer to the state general fund from each county's trust account
9081+34 established under IC 6-3.6 an amount equal to:
9082+35 (1) the amount of the county's certified distribution under IC 6-3.6
9083+36 that is allocated to certified shares under IC 6-3.6-6 for calendar
9084+37 year 2017; multiplied by
9085+38 (2) five-tenths of one percent (0.5%);
9086+39 to reimburse the state general fund for expenditures related to the
9087+40 department's information technology modernization project.
9088+41 (b) To the extent that the balance in a county's trust account is
9089+42 insufficient for the budget agency to make the entire amount of the
9090+ES 1—LS 7244/DI 120 209
9091+1 transfer required under subsection (a) before February 1, 2018, the
9092+2 budget agency shall make any remaining part of the required transfer
9093+3 from the county's trust account in subsequent years on a schedule
9094+4 determined by the budget agency until the entire amount of the
9095+5 required transfer has been made.
9096+6 SECTION 163. IC 6-3.6-9-9, AS AMENDED BY P.L.257-2019,
9097+7 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9098+8 JULY 1, 2027]: Sec. 9. The budget agency shall provide the adopting
9099+9 body with an informative summary of the calculations used to
9100+10 determine the certified distribution. The summary of calculations must
9101+11 include:
9102+12 (1) the amount reported on individual income tax returns
9103+13 processed by the department during the previous fiscal year;
9104+14 (2) adjustments for over distributions in prior years; and
9105+15 (3) adjustments for clerical or mathematical errors in prior years.
9106+16 and
9107+17 (4) adjustments for tax rate changes.
9108+18 SECTION 164. IC 6-3.6-9-10, AS AMENDED BY P.L.137-2024,
9109+19 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9110+20 JULY 1, 2027]: Sec. 10. The budget agency shall also certify
9111+21 information concerning the part of the certified distribution that is
9112+22 attributable to each of the following:
9113+23 (1) The tax rate imposed under IC 6-3.6-5 (before its expiration).
9114+24 This subdivision expires July 1, 2028.
9115+25 (2) The tax rate imposed under IC 6-3.6-6, separately stating:
9116+26 (A) the part of the distribution attributable to a tax rate
9117+27 imposed under IC 6-3.6-6-2.5 (before its repeal);
9118+28 (B) the part of the distribution attributable to a tax rate
9119+29 imposed under IC 6-3.6-6-2.6 (before its repeal); and
9120+30 (C) the part of the distribution attributable to a tax rate
9121+31 imposed under IC 6-3.6-6-2.7 (before its repeal);
9122+32 (D) the part of the distribution attributable to a tax rate
9123+33 imposed under IC 6-3.6-6-2.8 (before its repeal); and
9124+34 (E) the part of the distribution attributable to a tax rate
9125+35 imposed under IC 6-3.6-6-2.9 (before its repeal).
9126+36 (3) Each tax rate imposed under IC 6-3.6-7.
9127+37 (4) In the case of Marion County, the local income taxes paid by
9128+38 local taxpayers described in IC 6-3.6-2-13(3).
9129+39 The amount certified shall be adjusted to reflect any adjustment in the
9130+40 certified distribution under this chapter.
9131+41 SECTION 165. IC 6-3.6-9-11, AS AMENDED BY P.L.197-2016,
9132+42 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9133+ES 1—LS 7244/DI 120 210
9134+1 JULY 1, 2027]: Sec. 11. The information described in sections 9 and
9135+2 10 of this chapter must be certified to the county auditor, to the fiscal
9136+3 officer of each taxing unit in the county, and to the department of local
9137+4 government finance not later than the later of the following:
9138+5 (1) October 1 of each calendar year.
9139+6 (2) Thirty (30) days after the adopting body certifies a new rate to
9140+7 the budget agency.
9141+8 SECTION 166. IC 6-3.6-9-12, AS ADDED BY P.L.243-2015,
9142+9 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9143+10 JULY 1, 2027]: Sec. 12. One-twelfth (1/12) of each adopting county's
9144+11 certified distribution for a calendar year shall be distributed:
9145+12 (1) before January 1, 2028, from its trust account established
9146+13 under this chapter; and
9147+14 (2) after December 31, 2027, from the state and local income
9148+15 tax holding account established under this chapter;
9149+16 to the appropriate county treasurer on the first regular business day of
9150+17 each month of that calendar year.
9151+18 SECTION 167. IC 6-3.6-9-13, AS AMENDED BY P.L.9-2024,
9152+19 SECTION 192, IS AMENDED TO READ AS FOLLOWS
9153+20 [EFFECTIVE JULY 1, 2027]: Sec. 13. (a) All distributions from a trust
9154+21 account established under this chapter shall be made by warrants issued
9155+22 by the state comptroller to the treasurer of state ordering the
9156+23 appropriate payments.
9157+24 (b) This section expires December 31, 2027.
9158+25 SECTION 168. IC 6-3.6-9-14 IS REPEALED [EFFECTIVE JULY
9159+26 1, 2027]. Sec. 14. Before November 2 of each year, the budget agency
9160+27 shall submit a report to each county auditor indicating the balance in
9161+28 the county's trust account as of the cutoff date set by the budget agency.
9162+29 SECTION 169. IC 6-3.6-9-15 IS REPEALED [EFFECTIVE
9163+30 JANUARY 1, 2028]. Sec. 15. (a) If the budget agency determines that
9164+31 the balance in a county trust account exceeds fifteen percent (15%) of
9165+32 the certified distributions to be made to the county in the determination
9166+33 year, the budget agency shall make a supplemental distribution to the
9167+34 county from the county's trust account. The budget agency shall use the
9168+35 trust account balance as of December 31 of the year that precedes the
9169+36 determination year by two (2) years (referred to as the "trust account
9170+37 balance year" in this section).
9171+38 (b) A supplemental distribution described in subsection (a) must be:
9172+39 (1) made at the same time as the determinations are provided to
9173+40 the county auditor under subsection (d)(3); and
9174+41 (2) allocated in the same manner as certified distributions for the
9175+42 purposes described in this article.
9176+ES 1—LS 7244/DI 120 211
9177+1 (c) The amount of a supplemental distribution described in
9178+2 subsection (a) is equal to the amount by which:
9179+3 (1) the balance in the county trust account; minus
9180+4 (2) the amount of any supplemental or special distribution that has
9181+5 not yet been accounted for in the last known balance of the
9182+6 county's trust account;
9183+7 exceeds fifteen percent (15%) of the certified distributions to be made
9184+8 to the county in the determination year.
9185+9 (d) For a county that qualifies for a supplemental distribution under
9186+10 this section in a year, the following apply:
9187+11 (1) Before February 15, the budget agency shall update the
9188+12 information described in section 9 of this chapter to include the
9189+13 excess account balances to be distributed under this section.
9190+14 (2) Before May 2, the budget agency shall provide the amount of
9191+15 the supplemental distribution for the county to the department of
9192+16 local government finance and to the county auditor.
9193+17 (3) The department of local government finance shall determine
9194+18 for the county and each taxing unit within the county:
9195+19 (A) the amount and allocation of the supplemental distribution
9196+20 attributable to the taxes that were imposed as of December 31
9197+21 of the trust account balance year, including any specific
9198+22 distributions for that year; and
9199+23 (B) the amount of the allocation for each of the purposes set
9200+24 forth in this article, using the allocation percentages in effect
9201+25 in the trust account balance year.
9202+26 The department of local government finance shall provide these
9203+27 determinations to the county auditor before May 16 of the
9204+28 determination year.
9205+29 (4) Before June 1, the county auditor shall distribute to each
9206+30 taxing unit the amount of the supplemental distribution that is
9207+31 allocated to the taxing unit under subdivision (3). However, for a
9208+32 county with a former tax to provide for a levy freeze under
9209+33 IC 6-3.6-11-1, the supplemental distribution shall first be
9210+34 distributed as determined in any resolution adopted under
9211+35 IC 6-3.6-11-1(d).
9212+36 For determinations before 2019, the tax rates in effect under and the
9213+37 allocation methods specified in the former income tax laws shall be
9214+38 used for the determinations under subdivision (3).
9215+39 (e) For any part of a supplemental distribution attributable to
9216+40 property tax credits under a former income tax or IC 6-3.6-5, the
9217+41 adopting body for the county may allocate the supplemental
9218+42 distribution to property tax credits for not more than the three (3) years
9219+ES 1—LS 7244/DI 120 212
9220+1 after the year the supplemental distribution is received.
9221+2 (f) Any income earned on money held in a trust account established
9222+3 for a county under this chapter shall be deposited in that trust account.
9223+4 SECTION 170. IC 6-3.6-9-16, AS ADDED BY P.L.243-2015,
9224+5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9225+6 JULY 1, 2027]: Sec. 16. Upon receipt, each monthly payment of a
9226+7 county's certified distribution or supplemental distribution shall be
9227+8 allocated and distributed to the appropriate entities in accordance with
9228+9 this article and the allocation ordinances adopted under this article.
9229+10 SECTION 171. IC 6-3.6-9-17.5 IS ADDED TO THE INDIANA
9230+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
9231+12 [EFFECTIVE JULY 1, 2027]: Sec. 17.5. After December 31, 2027,
9232+13 the county's certified distribution amount for 2028 shall be
9233+14 maintained in the accounting for the county under section 21 of
9234+15 this chapter and transferred as set forth in section 21 of this
9235+16 chapter.
9236+17 SECTION 172. IC 6-3.6-9-20 IS ADDED TO THE INDIANA
9237+18 CODE AS A NEW SECTION TO READ AS FOLLOWS
9238+19 [EFFECTIVE JULY 1, 2027]: Sec. 20. (a) The state and local income
9239+20 tax holding account is established within the state general fund for
9240+21 the purposes of this chapter. The budget agency shall administer
9241+22 the account. The account consists of the following:
9242+23 (1) Money transferred to the account under section 21 of this
9243+24 chapter.
9244+25 (2) Money transferred to the account from any other source.
9245+26 (3) Interest that accrues from money in the account.
9246+27 (b) The treasurer of state shall invest the money in the account
9247+28 not currently needed for the purposes of the account in the same
9248+29 manner as other public funds may be invested.
9249+30 (c) Money in the account is continuously appropriated for the
9250+31 purposes of this chapter.
9251+32 (d) Money in the account at the end of a state fiscal year does
9252+33 not revert to the state general fund.
9253+34 (e) Money transferred to the account shall be distributed and
9254+35 allocated as set forth in this chapter.
9255+36 (f) The budget director shall have the discretion to manage
9256+37 transfers of money into and out of the account based on the current
9257+38 process used for continuous assessment of revenue flows and
9258+39 reconciliation based on the latest data.
9259+40 SECTION 173. IC 6-3.6-9-21 IS ADDED TO THE INDIANA
9260+41 CODE AS A NEW SECTION TO READ AS FOLLOWS
9261+42 [EFFECTIVE JULY 1, 2027]: Sec. 21. (a) The budget agency shall
9262+ES 1—LS 7244/DI 120 213
9263+1 maintain an accounting for each county imposing a tax based on
9264+2 annual returns filed by or for county taxpayers. Beginning after
9265+3 December 31, 2027, any undistributed amounts so accounted shall
9266+4 be held for purposes of the state and local income tax holding
9267+5 account.
9268+6 (b) After December 1 but before December 31 of each year, the
9269+7 budget agency shall present to the budget committee a report of the
9270+8 following:
9271+9 (1) An estimate of the monthly certified distribution amounts
9272+10 for the immediately succeeding calendar year.
9273+11 (2) A description of the method used to determine the monthly
9274+12 estimates under subdivision (1).
9275+13 (c) Beginning in 2028, and in each calendar year thereafter, the
9276+14 budget agency shall each month transfer to the state and local
9277+15 income tax holding account the amount determined for the month
9278+16 under subsection (b)(1) for distribution under this chapter.
9279+17 (d) In the case of a county that imposes a tax rate under
9280+18 IC 6-3.6-6-2 or a municipality that imposes a tax rate under
9281+19 IC 6-3.6-6-22 beginning after December 31, 2027, the budget
9282+20 agency shall withhold, from each of the first three (3) annual
9283+21 certified distributions resulting from the tax rate, an amount equal
9284+22 to five percent (5%) of the county's or municipality's, as
9285+23 applicable, annual certified distribution resulting from the tax rate.
9286+24 The amounts withheld under this subsection shall be credited to the
9287+25 respective county's or municipality's trust account.
9288+26 SECTION 174. IC 6-3.6-10-2, AS AMENDED BY P.L.247-2017,
9289+27 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9290+28 JANUARY 1, 2028]: Sec. 2. A county, city, or town may use revenue
9291+29 allocated for economic development purposes under IC 6-3.6-6-9
9292+30 IC 6-3.6-6 for any combination of the following purposes:
9293+31 (1) To pay all or a part of the interest owed by a private developer
9294+32 or user on a loan extended by a financial institution or other
9295+33 lender to the developer or user if the proceeds of the loan are or
9296+34 are to be used to finance an economic development project.
9297+35 (2) For the retirement of bonds for economic development
9298+36 projects.
9299+37 (3) For leases or for leases or bonds entered into or issued before
9300+38 the date the county economic development income tax (IC 6-3.5-7
9301+39 repealed) was imposed if the purpose of the lease or bonds would
9302+40 have qualified as a purpose under this article at the time the lease
9303+41 was entered into or the bonds were issued.
9304+42 (4) The construction or acquisition of, or remedial action with
9305+ES 1—LS 7244/DI 120 214
9306+1 respect to, a capital project for which the unit is empowered to
9307+2 issue general obligation bonds or establish a fund under any
9308+3 statute listed in IC 6-1.1-18.5-9.8.
9309+4 (5) The retirement of bonds issued under any provision of Indiana
9310+5 law for a capital project.
9311+6 (6) The payment of lease rentals under any statute for a capital
9312+7 project.
9313+8 (7) Contract payments to a nonprofit corporation whose primary
9314+9 corporate purpose is to assist government in planning and
9315+10 implementing economic development projects.
9316+11 (8) Operating expenses of a governmental entity that plans or
9317+12 implements economic development projects.
9318+13 (9) Funding of a revolving fund established under IC 5-1-14-14.
9319+14 (10) For a regional venture capital fund or a local venture capital
9320+15 fund.
9321+16 (11) For any lawful purpose for which money in any of its other
9322+17 funds may be used.
9323+18 SECTION 175. IC 6-3.6-10-3, AS ADDED BY P.L.243-2015,
9324+19 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9325+20 JANUARY 1, 2028]: Sec. 3. (a) The fiscal body of a county, city, or
9326+21 town may issue bonds payable from revenue under IC 6-3.6-6. The
9327+22 bonds must be for economic development projects.
9328+23 (b) The fiscal body of a county, city, or town may issue bonds
9329+24 payable from revenue described in section 2 of this chapter for any
9330+25 capital project for which the fiscal body is authorized to issue general
9331+26 obligation bonds. The bonds issued under this section may be payable
9332+27 from the tax if the county option income tax (IC 6-3.5-6 repealed), the
9333+28 county adjusted gross income tax (IC 6-3.5-1.1 repealed), or a tax
9334+29 under IC 6-3.6-6 is also in effect in the county at the time the bonds are
9335+30 issued.
9336+31 (c) If there are bonds outstanding that have been issued under this
9337+32 section, or leases in effect under section 4 of this chapter, the adopting
9338+33 body may not reduce the tax imposed under IC 6-3.6-6, or an allocation
9339+34 under IC 6-3.6-6-9, IC 6-3.6-6, or certified shares general purpose
9340+35 revenue pledged to repay bonds, as appropriate, below a rate that
9341+36 would produce one and twenty-five hundredths (1.25) times the total
9342+37 of the highest annual debt service on the bonds to their final maturity,
9343+38 plus the highest annual lease payments, unless:
9344+39 (1) the body that imposed a tax under IC 6-3.6-6; or
9345+40 (2) any city, town, or county;
9346+41 pledges all or a part of its certified shares general purpose revenue for
9347+42 the life of the bonds or the term of the lease, in an amount that is
9348+ES 1—LS 7244/DI 120 215
9349+1 sufficient, when combined with the amount pledged by the city, town,
9350+2 or county that issued the bonds, to produce one and twenty-five
9351+3 hundredths (1.25) times the total of the highest outstanding annual debt
9352+4 service plus the highest annual lease payments.
9353+5 (d) For purposes of subsection (c), the determination of a tax rate
9354+6 sufficient to produce one and twenty-five hundredths (1.25) times the
9355+7 total of the highest outstanding annual debt service plus the highest
9356+8 annual lease payments must be based on an average of the immediately
9357+9 preceding three (3) years tax collections, if the tax has been imposed
9358+10 for the last preceding three (3) years. If the tax has not been imposed
9359+11 for the last preceding three (3) years, the body that imposed the tax may
9360+12 not reduce the rate below a rate that would produce one and twenty-five
9361+13 hundredths (1.25) times the total of the highest annual debt service,
9362+14 plus the highest annual lease payments, based upon a study by a
9363+15 qualified public accountant or financial advisor.
9364+16 (e) IC 6-1.1-20 does not apply to the issuance of bonds under this
9365+17 section.
9366+18 (f) Bonds issued under this section may be sold at a public sale in
9367+19 accordance with IC 5-1-11 or may be sold at a negotiated sale.
9368+20 (g) After a sale of bonds under this section, the county auditor shall
9369+21 prepare a debt service schedule for the bonds.
9370+22 (h) The general assembly covenants that it will not repeal or amend
9371+23 this article in a manner that would adversely affect owners of
9372+24 outstanding bonds issued, or payment of any lease rentals due, under
9373+25 this section.
9374+26 SECTION 176. IC 6-3.6-10-5, AS ADDED BY P.L.243-2015,
9375+27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9376+28 JANUARY 1, 2028]: Sec. 5. Notwithstanding any other law and
9377+29 subject to IC 6-3.6-6-18(b), if a civil taxing unit desires to issue
9378+30 obligations, or enter into leases, payable wholly or in part by the taxes
9379+31 imposed under IC 6-3.6-6 or IC 6-3.6-7, (but not IC 6-3.6-5), the
9380+32 obligations of the civil taxing unit or any lessor may be sold at public
9381+33 sale in accordance with IC 5-1-11 or at negotiated sale.
9382+34 SECTION 177. IC 6-3.6-10-6, AS ADDED BY P.L.243-2015,
9383+35 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9384+36 JANUARY 1, 2028]: Sec. 6. (a) A pledge of revenues from a tax
9385+37 imposed under IC 6-3.6-6 or IC 6-3.6-7 (but not IC 6-3.6-5 before its
9386+38 expiration) is enforceable in accordance with IC 5-1-14.
9387+39 (b) With respect to obligations for which a pledge has been made
9388+40 under IC 6-3.6-6 or IC 6-3.6-7 (but not IC 6-3.6-5 before its
9389+41 expiration), the general assembly covenants with the county and the
9390+42 purchasers or owners of those obligations that this article will not be
9391+ES 1—LS 7244/DI 120 216
9392+1 repealed or amended in any manner that will adversely affect the tax
9393+2 collected under this article as long as the principal of or interest on
9394+3 those obligations is unpaid.
9395+4 SECTION 178. IC 6-3.6-10-9 IS ADDED TO THE INDIANA
9396+5 CODE AS A NEW SECTION TO READ AS FOLLOWS
9397+6 [EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec. 9. (a)
9398+7 Notwithstanding any other law, for bonds, leases, or any other
9399+8 obligations incurred after May 9, 2025, a county, city, town, and
9400+9 any other taxing unit may not pledge for payment from tax
9401+10 revenue received under this article an amount that exceeds an
9402+11 amount equal to twenty-five percent (25%) of the taxing unit's
9403+12 certified distribution under this article.
9404+13 (b) This section expires July 1, 2027.
9405+14 SECTION 179. IC 6-3.6-11-1 IS REPEALED [EFFECTIVE
9406+15 JANUARY 1, 2028]. Sec. 1. (a) This section applies to any county that
9407+16 imposed a former tax to provide for a levy freeze.
9408+17 (b) The tax rate used to provide for a levy freeze shall be part of the
9409+18 tax rate under IC 6-3.6-6. The maximum tax rate that may be applied
9410+19 for a levy freeze is one percent (1%). The levy freeze tax rate may be
9411+20 increased but not decreased or rescinded unless an adopting body
9412+21 adopts a resolution to request approval from the department of local
9413+22 government finance to lower the levy freeze tax rate.
9414+23 (c) The department of local government finance shall approve a
9415+24 lower levy freeze tax rate if it finds that the lower rate, in addition to:
9416+25 (1) the supplemental distribution as determined in a resolution
9417+26 adopted under subsection (d); and
9418+27 (2) the amount in the stabilization fund established under
9419+28 IC 6-3.5-1.1-24 (repealed) or IC 6-3.5-6-30 (repealed), as
9420+29 applicable;
9421+30 would fund the levy freeze dollar amount (the total amount of foregone
9422+31 maximum levy increases for all taxing units for all years). If the
9423+32 department approves a lower levy freeze tax rate, the adopting body
9424+33 must adopt an ordinance to lower the levy freeze tax rate before the
9425+34 lower rate may take effect. The county shall provide the department
9426+35 with a determination of the amount in the stabilization funds for
9427+36 purposes of this subsection.
9428+37 (d) A county may adopt a resolution to require that a supplemental
9429+38 distribution amount to be distributed under IC 6-3.6-9-15(d)(4) shall
9430+39 first be used to lower the levy freeze tax rate in subsection (c). If a
9431+40 resolution is adopted, the supplemental distribution under
9432+41 IC 6-3.6-9-15(d)(4) shall first be used to lower a county's levy freeze
9433+42 tax rate and any additional supplemental distribution calculated that is
9434+ES 1—LS 7244/DI 120 217
9435+1 above the amount needed to lower the levy freeze tax rate shall be
9436+2 distributed to each taxing unit as provided under IC 6-3.6-9-15(d)(4).
9437+3 (e) The revenue from the tax rate shall continue to be applied under
9438+4 this article as it was applied under the former tax, including the use of
9439+5 a stabilization fund.
9440+6 (f) The distributions of income tax revenue attributable to a levy
9441+7 freeze tax rate shall be made before allocating or distributing the
9442+8 remaining revenue under IC 6-3.6-6 or applying the property tax credits
9443+9 funded by a tax rate under IC 6-3.6-5.
9444+10 SECTION 180. IC 6-3.6-11-3, AS AMENDED BY P.L.197-2016,
9445+11 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9446+12 JULY 1, 2027]: Sec. 3. (a) This section applies to Lake County's
9447+13 categorizations, allocations, and distributions under IC 6-3.6-5 (before
9448+14 its expiration).
9449+15 (b) The rate under the former tax in Lake County that was used for
9450+16 any of the following shall be categorized under IC 6-3.6-5 (before its
9451+17 expiration), and the Lake County council may adopt an ordinance
9452+18 providing that the revenue from the tax rate under this section may be
9453+19 used for any of the following:
9454+20 (1) To reduce all property tax levies imposed by the county by the
9455+21 granting of property tax replacement credits against those
9456+22 property tax levies.
9457+23 (2) To provide local property tax replacement credits in Lake
9458+24 County in the following manner:
9459+25 (A) The tax revenue under this section that is collected from
9460+26 taxpayers within a particular municipality in Lake County (as
9461+27 determined by the department of state revenue based on the
9462+28 department's best estimate) shall be used only to provide a
9463+29 local property tax credit against property taxes imposed by that
9464+30 municipality.
9465+31 (B) The tax revenue under this section that is collected from
9466+32 taxpayers within the unincorporated area of Lake County (as
9467+33 determined by the department of state revenue) shall be used
9468+34 only to provide a local property tax credit against property
9469+35 taxes imposed by the county. The local property tax credit for
9470+36 the unincorporated area of Lake County shall be available only
9471+37 to those taxpayers within the unincorporated area of the
9472+38 county.
9473+39 (3) To provide property tax credits in the following manner:
9474+40 (A) Sixty percent (60%) of the tax revenue shall be used as
9475+41 provided in subdivision (2).
9476+42 (B) Forty percent (40%) of the tax revenue shall be used to
9477+ES 1—LS 7244/DI 120 218
9478+1 provide property tax replacement credits against property tax
9479+2 levies of the county and each township and municipality in the
9480+3 county. The percentage of the tax revenue distributed under
9481+4 this item that shall be used as credits against the county's
9482+5 levies or against a particular township's or municipality's levies
9483+6 is equal to the percentage determined by dividing the
9484+7 population of the county, township, or municipality by the sum
9485+8 of the total population of the county, each township in the
9486+9 county, and each municipality in the county.
9487+10 The Lake County council shall determine whether the credits under
9488+11 subdivision (1), (2), or (3) shall be provided to homesteads, to all
9489+12 qualified residential property, or to all taxpayers. The department of
9490+13 local government finance, with the assistance of the budget agency,
9491+14 shall certify to the county auditor and the fiscal body of the county and
9492+15 each township and municipality in the county the amount of property
9493+16 tax credits under this section. The tax revenue under this section that
9494+17 is used to provide credits under this section shall be treated for all
9495+18 purposes as property tax levies but shall not be considered for purposes
9496+19 of computing the maximum permissible property tax levy under
9497+20 IC 6-1.1-18.5-3 or the credit under IC 6-1.1-20.6.
9498+21 (c) Any ordinance adopted under subsection (b) expires
9499+22 December 31, 2027.
9500+23 (d) This section expires July 1, 2028.
9501+24 SECTION 181. IC 6-3.6-11-4, AS AMENDED BY P.L.247-2017,
9502+25 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9503+26 JANUARY 1, 2028]: Sec. 4. This section applies to the allocation of
9504+27 the tax revenue under IC 6-3.6-6 that is dedicated to public safety and
9505+28 funding for a PSAP (as defined in IC 36-8-16.7-20) that is part of the
9506+29 statewide 911 system (as defined in IC 36-8-16.7-22) and located
9507+30 within the county. as provided in IC 6-3.6-6-8. This tax revenue shall
9508+31 be allocated and distributed to the PSAP before the allocation and
9509+32 distribution to any taxing units of the remaining tax revenue allocated
9510+33 to public safety as provided in IC 6-3.6-6.
9511+34 SECTION 182. IC 6-3.6-11-5.5, AS AMENDED BY P.L.9-2024,
9512+35 SECTION 193, IS AMENDED TO READ AS FOLLOWS
9513+36 [EFFECTIVE JANUARY 1, 2028]: Sec. 5.5. (a) This section applies
9514+37 to Lake County for purposes of categorizations, allocations, and
9515+38 distributions of additional revenue general purpose revenue that is
9516+39 allocated each year for economic development purposes. under
9517+40 IC 6-3.6-6-9 and of certified shares under IC 6-3.6-6. Additional
9518+41 revenue General purpose revenue that is allocated each year for
9519+42 economic development purposes by a civil taxing unit listed in
9520+ES 1—LS 7244/DI 120 219
9521+1 IC 6-3.6-9-5(d) IC 6-3.6-9-5(b) must first be used to provide funding
9522+2 for a rail project (as defined in IC 36-7.5-1-13.5).
9523+3 (b) Before the state comptroller may make a certified distribution of
9524+4 additional revenue general purpose revenue allocated for economic
9525+5 development purposes, under IC 6-3.6-6-9, the state comptroller shall
9526+6 withhold the total amount determined by the department of local
9527+7 government finance under IC 6-3.6-9-5(d) IC 6-3.6-9-5(b) from the
9528+8 certified distribution allocated to economic development. The amount
9529+9 withheld by the state comptroller under this section shall be paid to the
9530+10 secretary-treasurer of the northwest Indiana regional development
9531+11 authority (IC 36-7.5) before a certified distribution allocated to
9532+12 economic development is made to the county and before the county
9533+13 auditor may otherwise allocate or distribute tax revenue under this
9534+14 article.
9535+15 SECTION 183. IC 6-3.6-11-6, AS AMENDED BY P.L.9-2024,
9536+16 SECTION 194, IS AMENDED TO READ AS FOLLOWS
9537+17 [EFFECTIVE JANUARY 1, 2028]: Sec. 6. (a) This section applies to
9538+18 Lake County, LaPorte County, Porter County, and any municipality in
9539+19 those counties that is a member of the northwest Indiana regional
9540+20 development authority (IC 36-7.5) for purposes of categorizations,
9541+21 allocations, and distributions of additional revenue general purpose
9542+22 revenue that is allocated each year for economic development purposes
9543+23 under IC 6-3.6-6-9. IC 6-3.6-6.
9544+24 (b) This subsection applies only to Lake County. The county or a
9545+25 city described in IC 36-7.5-2-3(b) may use additional revenue general
9546+26 purpose revenue that is allocated each year for economic development
9547+27 purposes under IC 6-3.6-6-9 IC 6-3.6-6 for making transfers required
9548+28 by IC 36-7.5-4-2 or to provide rail project funding under IC 36-7.5-4.5.
9549+29 The additional revenue general purpose revenue allocated for
9550+30 economic development and used to make the transfers required by
9551+31 IC 36-7.5-4-2 or to provide rail project funding shall be paid by the
9552+32 treasurer of state to the treasurer of the northwest Indiana regional
9553+33 development authority before certified distributions are made to the
9554+34 county or any cities or towns in the county. The county or a city or town
9555+35 in the county may use additional revenue that is allocated each year for
9556+36 economic development purposes under IC 6-3.6-6-9 to provide
9557+37 homestead credits in the county, city, or town. The following apply to
9558+38 homestead credits provided under this subsection:
9559+39 (1) The county, city, or town fiscal body must adopt an ordinance
9560+40 authorizing the homestead credits. The ordinance must specify the
9561+41 amount of additional revenue that will be used to provide
9562+42 homestead credits in the following year.
9563+ES 1—LS 7244/DI 120 220
9564+1 (2) The county, city, or town fiscal body that adopts an ordinance
9565+2 under this subsection must forward a copy of the ordinance to the
9566+3 county auditor and the department of local government finance
9567+4 not more than thirty (30) days after the ordinance is adopted.
9568+5 (3) The homestead credits must be applied uniformly to provide
9569+6 a homestead credit for homesteads in the county, city, or town.
9570+7 (4) The homestead credits shall be treated for all purposes as
9571+8 property tax levies.
9572+9 (5) The homestead credits shall be applied to the net property
9573+10 taxes due on the homestead after the application of all other
9574+11 assessed value deductions or property tax deductions and credits
9575+12 that apply to the amount owed under IC 6-1.1.
9576+13 (6) The state comptroller shall determine the homestead credit
9577+14 percentage for a particular year based on the amount of additional
9578+15 revenue that will be used under this subsection to provide
9579+16 homestead credits in that year.
9580+17 (c) This subsection applies only to Porter County. From the
9581+18 general purpose revenue received each year from the rate imposed
9582+19 under IC 6-3.6-6, the first three million five hundred thousand
9583+20 dollars ($3,500,000) shall be used by the county to make transfers
9584+21 as required under IC 36-7.5-4-2 to the northwest Indiana regional
9585+22 development authority before any certified distributions are made
9586+23 to the county unit or any other taxing unit in the county. The
9587+24 adopting body for Porter County may not reduce the proportional
9588+25 allocation of the general purpose revenue allocated to Porter
9589+26 County if the reduction would result in an amount less than the
9590+27 amount necessary for Porter County to fulfill its obligation to the
9591+28 northwest Indiana regional development authority to pay to
9592+29 support northwest Indiana rail projects (as defined in
9593+30 IC 5-1.3-2-14) and projects described in IC 36-7.5-4-2.5.
9594+31 (c) This subsection applies only to LaPorte County as follows:
9595+32 (1) This subsection applies if:
9596+33 (A) the county fiscal body has adopted an ordinance under
9597+34 IC 36-7.5-2-3(d) providing that the county is joining the
9598+35 northwest Indiana regional development authority; and
9599+36 (B) the fiscal body of the city described in IC 36-7.5-2-3(d)
9600+37 has adopted an ordinance under IC 36-7.5-2-3(d) providing
9601+38 that the city is joining the development authority.
9602+39 (2) Additional revenue that is allocated each year for economic
9603+40 development purposes under IC 6-3.6-6-9 may be used by a
9604+41 county or a city described in IC 36-7.5-2-3(d) for making transfers
9605+42 required by IC 36-7.5-4-2. In addition, if the allocation of
9606+ES 1—LS 7244/DI 120 221
9607+1 additional revenue for economic development purposes under
9608+2 IC 6-3.6-6-9 is increased in the county, the first three million five
9609+3 hundred thousand dollars ($3,500,000) of the tax revenue that
9610+4 results each year from the allocation increase shall be used by the
9611+5 county only to make the county's transfer required by
9612+6 IC 36-7.5-4-2 and shall be paid by the treasurer of state to the
9613+7 treasurer of the northwest Indiana regional development authority
9614+8 under IC 36-7.5-4-2 before certified distributions are made to the
9615+9 county or any cities or towns in the county.
9616+10 (3) All of the additional revenue allocated for economic
9617+11 development purposes under IC 6-3.6-6-9 that results each year
9618+12 from an allocation increase described in subdivision (2) and that
9619+13 is in excess of the first three million five hundred thousand dollars
9620+14 ($3,500,000) must be used by the county and cities and towns in
9621+15 the county for homestead credits under this subsection. The
9622+16 following apply to homestead credits provided under this
9623+17 subsection:
9624+18 (A) The homestead credits must be applied uniformly to
9625+19 provide a homestead credit for homesteads in the county, city,
9626+20 or town.
9627+21 (B) The homestead credits shall be treated for all purposes as
9628+22 property tax levies.
9629+23 (C) The homestead credits shall be applied to the net property
9630+24 taxes due on the homestead after the application of all other
9631+25 assessed value deductions or property tax deductions and
9632+26 credits that apply to the amount owed under IC 6-1.1.
9633+27 (D) The state comptroller shall determine the homestead credit
9634+28 percentage for a particular year based on the amount of
9635+29 additional revenue that will be used under this subdivision to
9636+30 provide homestead credits in that year.
9637+31 (d) This subsection applies only to Porter County. The additional
9638+32 revenue designated each year for economic development purposes
9639+33 under IC 6-3.6-6 shall be allocated and used as follows:
9640+34 (1) First, the revenue attributable to an income tax rate of
9641+35 twenty-five hundredths percent (0.25%) shall be allocated to the
9642+36 county and cities and towns as provided in IC 6-3.6-6-9.
9643+37 (2) Second, the next three million five hundred thousand dollars
9644+38 ($3,500,000) of the revenue shall be used for the county or for
9645+39 eligible municipalities (as defined in IC 36-7.5-1-11.3) in the
9646+40 county, to make transfers as provided in and required under
9647+41 IC 36-7.5-4-2. The additional revenue used to make the transfers
9648+42 as provided in IC 36-7.5-4-2 shall be paid by the treasurer of state
9649+ES 1—LS 7244/DI 120 222
9650+1 to the treasurer of the northwest Indiana regional development
9651+2 authority before certified distributions are made to the county or
9652+3 any taxing unit in the county. If Porter County ceases to be a
9653+4 member of the northwest Indiana regional development authority
9654+5 under IC 36-7.5 but two (2) or more municipalities in the county
9655+6 have become members of the northwest Indiana regional
9656+7 development authority as authorized by IC 36-7.5-2-3(h), the
9657+8 treasurer of state shall continue to transfer this amount to the
9658+9 treasurer of the northwest Indiana regional development authority
9659+10 under IC 36-7.5-4-2.
9660+11 (3) Third, except as provided in IC 36-7.5-3-5, all of the revenue
9661+12 each year that is in excess of the amounts described in
9662+13 subdivisions (1) and (2) must be used by the county and cities and
9663+14 towns in the county for homestead credits. The following apply to
9664+15 homestead credits provided under this subdivision:
9665+16 (A) The homestead credits must be applied uniformly to
9666+17 provide a homestead credit for homesteads in the county, city,
9667+18 or town.
9668+19 (B) The homestead credits shall be treated for all purposes as
9669+20 property tax levies.
9670+21 (C) The homestead credits shall be applied to the net property
9671+22 taxes due on the homestead after the application of all other
9672+23 assessed value deductions or property tax deductions and
9673+24 credits that apply to the amount owed under IC 6-1.1.
9674+25 (D) The state comptroller shall determine the homestead credit
9675+26 percentage for a particular year based on the amount of
9676+27 additional revenue that will be used under this subdivision to
9677+28 provide homestead credits in that year.
9678+29 (e) (d) A transfer made on behalf of a city, town, or county under
9679+30 this section after December 31, 2018, is to be considered a payment for
9680+31 services provided to residents by a rail project as those services are
9681+32 rendered.
9682+33 (f) (e) A pledge by the northwest Indiana regional development
9683+34 authority of transferred revenue under this section to the payment of
9684+35 bonds, leases, or obligations under this article or IC 5-1.3:
9685+36 (1) constitutes the obligations of the northwest Indiana regional
9686+37 development authority; and
9687+38 (2) does not constitute an indebtedness of:
9688+39 (A) a county or municipality described in this section; or
9689+40 (B) the state;
9690+41 within the meaning or application of any constitutional or
9691+42 statutory provision or limitation.
9692+ES 1—LS 7244/DI 120 223
9693+1 (g) (f) Neither the transfer of revenue nor the pledge of revenue
9694+2 transferred under this section is an impairment of contract within the
9695+3 meaning or application of any constitutional provision or limitation
9696+4 because of the following:
9697+5 (1) The statutes governing local income taxes, including the
9698+6 transferred revenue, have been the subject of legislation annually
9699+7 since 1973, and during that time the statutes have been revised,
9700+8 amended, expanded, limited, and recodified dozens of times.
9701+9 (2) Owners of bonds, leases, or other obligations to which local
9702+10 income tax revenues have been pledged recognize that the
9703+11 regulation of local income taxes has been extensive and
9704+12 consistent.
9705+13 (3) All bonds, leases, or other obligations, due to their essential
9706+14 contractual nature, are subject to relevant state and federal law
9707+15 that is enacted after the date of a contract.
9708+16 (4) The state has a legitimate interest in assisting the northwest
9709+17 Indiana regional development authority in financing rail projects
9710+18 (as defined in IC 36-7.5-1-13.5).
9711+19 (h) (g) All proceedings had and actions described in this section are
9712+20 valid pledges under IC 5-1-14-4 as of the date of those pledges or
9713+21 actions and are hereby legalized and declared valid if taken before
9714+22 March 15, 2018.
9715+23 SECTION 184. IC 6-3.6-11-7, AS AMENDED BY P.L.9-2024,
9716+24 SECTION 195, IS AMENDED TO READ AS FOLLOWS
9717+25 [EFFECTIVE JANUARY 1, 2028]: Sec. 7. (a) This section applies to
9718+26 a civil taxing unit that has previously:
9719+27 (1) entered into an interlocal cooperation or similar agreement;
9720+28 (2) adopted an ordinance or resolution; or
9721+29 (3) taken any other action;
9722+30 offering to provide revenue to support and finance a rail project or rail
9723+31 projects (as defined under IC 36-7.5-1-13.5).
9724+32 (b) The additional revenue general purpose revenue that would
9725+33 otherwise be allocated to a civil taxing unit described in subsection (a)
9726+34 shall be withheld under section 5.5 of this chapter by the state
9727+35 comptroller and shall be paid by the state comptroller to the
9728+36 secretary-treasurer of the northwest Indiana regional development
9729+37 authority under IC 36-7.5-4-2 before certified distributions are made to
9730+38 the county and before the county auditor may allocate or distribute tax
9731+39 revenue under this article to any civil taxing unit in the county or
9732+40 counties in which the unit is located.
9733+41 (c) Amounts:
9734+42 (1) withheld under section 5.5 of this chapter; and
9735+ES 1—LS 7244/DI 120 224
9736+1 (2) transferred on behalf of a civil taxing unit under this section;
9737+2 after December 31, 2018, are considered to be a payment for services
9738+3 provided to residents by a rail project as such services are rendered.
9739+4 (d) A pledge by the northwest Indiana regional development
9740+5 authority of withheld or transferred revenue received under this chapter
9741+6 to the payment of bonds, leases, or obligations under IC 36-7.5 or
9742+7 IC 5-1.3:
9743+8 (1) constitutes the obligations of the northwest Indiana regional
9744+9 development authority; and
9745+10 (2) does not constitute an indebtedness of:
9746+11 (A) a unit described in this section; or
9747+12 (B) the state;
9748+13 within the meaning or application of any constitutional or
9749+14 statutory provision or limitation.
9750+15 (e) Neither the withholding or transfer of revenue nor the pledge of
9751+16 revenue withheld or transferred under this chapter is an impairment of
9752+17 contract within the meaning or application of any constitutional
9753+18 provision or limitation because of the following:
9754+19 (1) The statutes governing local income taxes, including the
9755+20 withheld or transferred revenue, have been the subject of
9756+21 legislation annually since 1973, and during that time the statutes
9757+22 have been revised, amended, expanded, limited, and recodified
9758+23 dozens of times.
9759+24 (2) Owners of bonds, leases, or other obligations to which local
9760+25 income tax revenues have been pledged recognize that the
9761+26 regulation of local income taxes has been extensive and
9762+27 consistent.
9763+28 (3) All bonds, leases, or other obligations, due to their essential
9764+29 contractual nature, are subject to relevant state and federal law
9765+30 that is enacted after the date of a contract.
9766+31 (4) The state has a legitimate interest in assisting the northwest
9767+32 Indiana regional development authority in financing rail projects
9768+33 (as defined in IC 36-7.5-1-13.5).
9769+34 (f) All:
9770+35 (1) agreements;
9771+36 (2) ordinances or resolutions; and
9772+37 (3) proceedings had and actions described in this chapter;
9773+38 are valid pledges under IC 5-1-14-4 as of the date of those pledges or
9774+39 actions and are hereby legalized and declared valid if taken before
9775+40 April 30, 2019.
9776+41 SECTION 185. IC 6-3.6-11-7.5, AS AMENDED BY P.L.9-2024,
9777+42 SECTION 196, IS AMENDED TO READ AS FOLLOWS
9778+ES 1—LS 7244/DI 120 225
9779+1 [EFFECTIVE JANUARY 1, 2028]: Sec. 7.5. (a) An action challenging
9780+2 any action taken under section 5.5, 5.7, 6, or 7 of this chapter to
9781+3 withhold or transfer revenue to the secretary-treasurer of the northwest
9782+4 Indiana regional developmental authority (IC 36-7.5) from a county's
9783+5 certified distribution must be brought within ten (10) days after the date
9784+6 on which the county auditor notifies the secretary-treasurer of the
9785+7 northwest Indiana regional development authority (IC 36-7.5) of the
9786+8 amount of certified tax revenue that will be distributed under
9787+9 IC 6-3.6-9-5(d). IC 6-3.6-9-5(b).
9788+10 (b) A court shall require a plaintiff to provide a bond with surety in
9789+11 an amount equal to the total amounts of tax revenue estimated to be
9790+12 withheld or transferred by the state comptroller from the date of the
9791+13 filing until December 31, 2049.
9792+14 (c) The burden of proof in an action under this section is on the
9793+15 plaintiff.
9794+16 (d) If the defendant prevails in an action under this section, the court
9795+17 shall award attorney's fees to the defendant.
9796+18 SECTION 186. IC 6-6-5-5, AS AMENDED BY P.L.256-2017,
9797+19 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9798+20 JANUARY 1, 2027]: Sec. 5. A person that owns a vehicle and that is
9799+21 entitled to a property tax deduction under IC 6-1.1-12-13,
9800+22 IC 6-1.1-12-14, or IC 6-1.1-12-16 (before their expiration) is entitled
9801+23 to a credit against the vehicle excise tax as follows: Any remaining
9802+24 deduction from assessed valuation to which the person is entitled,
9803+25 applicable to property taxes payable in the year in which the excise tax
9804+26 imposed by this chapter is due, after allowance of the deduction on real
9805+27 estate and personal property owned by the person, shall reduce the
9806+28 vehicle excise tax in the amount of two dollars ($2) on each one
9807+29 hundred dollars ($100) of taxable value or major portion thereof. The
9808+30 county auditor shall, upon request, furnish a certified statement to the
9809+31 person verifying the credit allowable under this section, and the
9810+32 statement shall be presented to and retained by the bureau to support
9811+33 the credit.
9812+34 SECTION 187. IC 6-6-5-5.2, AS AMENDED BY P.L.256-2017,
9813+35 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9814+36 JANUARY 1, 2027]: Sec. 5.2. (a) This section applies to a registration
9815+37 year beginning after December 31, 2013.
9816+38 (b) Subject to subsection (d), an individual may claim a credit
9817+39 against the tax imposed by this chapter upon a vehicle owned by the
9818+40 individual if the individual is eligible for the credit under any of the
9819+41 following:
9820+42 (1) The individual meets all the following requirements:
9821+ES 1—LS 7244/DI 120 226
9822+1 (A) The individual served in the military or naval forces of the
9823+2 United States during any of its wars.
9824+3 (B) The individual received an honorable discharge.
9825+4 (C) The individual has a disability with a service connected
9826+5 disability of ten percent (10%) or more.
9827+6 (D) The individual's disability is evidenced by:
9828+7 (i) a pension certificate, an award of compensation, or a
9829+8 disability compensation check issued by the United States
9830+9 Department of Veterans Affairs; or
9831+10 (ii) a certificate of eligibility issued to the individual by the
9832+11 Indiana department of veterans' affairs after the Indiana
9833+12 department of veterans' affairs has determined that the
9834+13 individual's disability qualifies the individual to receive a
9835+14 credit under this section.
9836+15 (E) The individual does not own property to which a property
9837+16 tax deduction may be applied under IC 6-1.1-12-13 (before its
9838+17 expiration).
9839+18 (2) The individual meets all the following requirements:
9840+19 (A) The individual served in the military or naval forces of the
9841+20 United States for at least ninety (90) days.
9842+21 (B) The individual received an honorable discharge.
9843+22 (C) The individual either:
9844+23 (i) has a total disability; or
9845+24 (ii) is at least sixty-two (62) years of age and has a disability
9846+25 of at least ten percent (10%).
9847+26 (D) The individual's disability is evidenced by:
9848+27 (i) a pension certificate or an award of compensation issued
9849+28 by the United States Department of Veterans Affairs; or
9850+29 (ii) a certificate of eligibility issued to the individual by the
9851+30 Indiana department of veterans' affairs after the Indiana
9852+31 department of veterans' affairs has determined that the
9853+32 individual's disability qualifies the individual to receive a
9854+33 credit under this section.
9855+34 (E) The individual does not own property to which a property
9856+35 tax deduction may be applied under IC 6-1.1-12-14 (before its
9857+36 expiration).
9858+37 (3) The individual meets both of the following requirements:
9859+38 (A) The individual is the surviving spouse of any of the
9860+39 following:
9861+40 (i) An individual who would have been eligible for a credit
9862+41 under this section if the individual had been alive in 2013
9863+42 and this section had been in effect in 2013.
9864+ES 1—LS 7244/DI 120 227
9865+1 (ii) An individual who received a credit under this section in
9866+2 the previous calendar year.
9867+3 (iii) A World War I veteran.
9868+4 (B) The individual does not own property to which a property
9869+5 tax deduction may be applied under IC 6-1.1-12-13,
9870+6 IC 6-1.1-12-14, or IC 6-1.1-12-16 (before their expiration).
9871+7 (c) The amount of the credit that may be claimed under this section
9872+8 is equal to the lesser of the following:
9873+9 (1) The amount of the excise tax liability for the individual's
9874+10 vehicle as determined under section 3 or 3.5 of this chapter, as
9875+11 applicable.
9876+12 (2) Seventy dollars ($70).
9877+13 (d) The maximum number of motor vehicles for which an individual
9878+14 may claim a credit under this section is two (2).
9879+15 (e) An individual may not claim a credit under both:
9880+16 (1) this section; and
9881+17 (2) section 5 of this chapter.
9882+18 (f) The credit allowed by this section must be claimed on a form
9883+19 prescribed by the bureau. An individual claiming the credit must attach
9884+20 to the form an affidavit from the county auditor stating that the
9885+21 claimant does not own property to which a property tax deduction may
9886+22 be applied under IC 6-1.1-12-13, IC 6-1.1-12-14, or IC 6-1.1-12-16
9887+23 (before their expiration).
9888+24 SECTION 188. IC 6-6-6.5-13, AS AMENDED BY P.L.1-2009,
9889+25 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9890+26 JANUARY 1, 2027]: Sec. 13. (a) As the basis for measuring the tax
9891+27 imposed by this chapter, the department shall classify every taxable
9892+28 aircraft in its proper class according to the following classification
9893+29 plan:
9894+30 CLASS DESCRIPTION
9895+31 A Piston-driven
9896+32 B Piston-driven,
9897+33 and Pressurized
9898+34 C Turbine driven
9899+35 or other Powered
9900+36 D Homebuilt, Gliders, or
9901+37 Hot Air Balloons
9902+38 (b) The tax imposed under this chapter is based on the age, class,
9903+39 and maximum landing weight of the taxable aircraft. The amount of tax
9904+40 imposed on the taxable aircraft is based on the following table:
9905+41 Age Class A Class B Class C Class D
9906+42 0-4 $.04/lb $.065/lb $.09/lb $.0175/lb
9907+ES 1—LS 7244/DI 120 228
9908+1 5-8 $.035/lb $.055/lb $.08/lb $.015/lb
9909+2 9-12 $.03/lb $.05/lb $.07/lb $.0125/lb
9910+3 13-16 $.025/lb $.025/lb $.025/lb$.01/lb
9911+4 17-25 $.02/lb $.02/lb $.02/lb $.0075/lb
9912+5 over 25$.01/lb $.01/lb $.01/lb $.005/lb
9913+6 (c) An aircraft owner, who sells an aircraft on which the owner has
9914+7 paid the tax imposed under this chapter, is entitled to a credit for the
9915+8 tax paid. The credit equals excise tax paid on the aircraft that was sold,
9916+9 times the lesser of:
9917+10 (1) ninety percent (90%); or
9918+11 (2) ten percent (10%) times the number of months remaining in
9919+12 the registration year after the sale of the aircraft.
9920+13 The credit may only be used to reduce the tax imposed under this
9921+14 chapter on another aircraft purchased by that owner during the
9922+15 registration year in which the credit accrues. A person may not receive
9923+16 a refund for a credit under this subsection.
9924+17 (d) A person who is entitled to a property tax deduction under
9925+18 IC 6-1.1-12-13 or IC 6-1.1-12-14 (before their expiration) is entitled
9926+19 to a credit against the tax imposed on the person's aircraft under this
9927+20 chapter. The credit equals the amount of the property tax deduction to
9928+21 which the person is entitled under IC 6-1.1-12-13 and IC 6-1.1-12-14
9929+22 (before their expiration) minus the amount of that deduction used to
9930+23 offset the person's property taxes or vehicle excise taxes, times seven
9931+24 hundredths (.07). The credit may not exceed the amount of the tax due
9932+25 under this chapter. The county auditor shall, upon the person's request,
9933+26 furnish a certified statement showing the credit allowable under this
9934+27 subsection. The department may not allow a credit under this
9935+28 subsection until the auditor's statement has been filed in the
9936+29 department's office.
9937+30 SECTION 189. IC 6-8.1-6-9 IS ADDED TO THE INDIANA CODE
9938+31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9939+32 1, 2025]: Sec. 9. Beginning with the individual adjusted gross
9940+33 income tax return for taxable years beginning in 2025, the
9941+34 department of state revenue shall include on the adjusted gross
9942+35 income tax return a requirement that the taxpayer identify the
9943+36 address of the taxpayer's principal place of residence.
9944+37 SECTION 190. IC 6-9-10.5-8, AS AMENDED BY P.L.197-2016,
9945+38 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9946+39 JULY 1, 2027]: Sec. 8. (a) If the tax levied under section 6 of this
9947+40 chapter is increased by an ordinance adopted by the county fiscal body
9948+41 after June 30, 2011, the county treasurer shall establish a county
9949+42 promotion fund. The county treasurer shall deposit in the county
9950+ES 1—LS 7244/DI 120 229
9951+1 promotion fund the difference between:
9952+2 (1) the amount received under section 6 of this chapter; minus
9953+3 (2) the amount deposited in the lake enhancement fund under
9954+4 section 7(c) of this chapter.
9955+5 (b) In a county in which a commission has been established under
9956+6 section 9 of this chapter, the county auditor shall issue a warrant
9957+7 directing the county treasurer to transfer money from the county
9958+8 promotion fund to the commission's treasurer if the commission
9959+9 submits a written request for the transfer.
9960+10 (c) Money in a county promotion fund, or money transferred from
9961+11 such a fund under subsection (b), may be expended only to promote
9962+12 and encourage conventions, visitors, tourism, and economic
9963+13 development within the county. Expenditures that may be made under
9964+14 this subsection include expenditures for advertising, promotional
9965+15 activities, trade shows, special events, and recreation, and expenditures
9966+16 that are authorized by IC 6-3.6-10-2 with respect to the county's
9967+17 additional revenue that is allocated for economic development
9968+18 purposes under IC 6-3.6-6-9. IC 6-3.6-6.
9969+19 SECTION 191. IC 8-5-15-5, AS AMENDED BY P.L.108-2019,
9970+20 SECTION 150, IS AMENDED TO READ AS FOLLOWS
9971+21 [EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec. 5. (a) The
9972+22 board has all powers reasonably necessary to carry out the purpose of
9973+23 this chapter including the following powers:
9974+24 (1) To receive federal, state, county, and municipal funds, or
9975+25 private contributions and disburse them for the purpose of aiding
9976+26 commuter transportation systems serving the district.
9977+27 (2) To monitor and evaluate the use of funds granted or
9978+28 distributed by the district.
9979+29 (3) To apply for federal, state, municipal, or county funds for the
9980+30 purpose of rendering assistance to commuter transportation
9981+31 systems.
9982+32 (4) To coordinate its plans and activities with:
9983+33 (A) any public transportation authority serving one (1) or more
9984+34 counties that are served by the system and through which the
9985+35 system passes;
9986+36 (B) the Indiana department of transportation;
9987+37 (C) regional planning commissions serving any portion of the
9988+38 district;
9989+39 (D) units of county and municipal government included in the
9990+40 district; and
9991+41 (E) any regional transportation authority, transit authority, or
9992+42 like governmental unit in another state if the commuter
9993+ES 1—LS 7244/DI 120 230
9994+1 transportation system crosses the boundary of the state or
9995+2 serves another.
9996+3 (5) To purchase, lease, or lease with option to purchase capital
9997+4 equipment in aid of any system of commuter transportation
9998+5 operating in the district, and lease the equipment to the system
9999+6 under conditions and for a term to be determined by the board.
10000+7 (6) As a municipal corporation, to sue and be sued.
10001+8 (7) To conduct public hearings to accomplish the purpose of this
10002+9 chapter.
10003+10 (8) To seek and accept the assistance of any public or publicly
10004+11 funded agency in carrying out its functions and duties.
10005+12 (9) To enter into agreements with either private or public agencies
10006+13 for any purpose required to accomplish the intent of this chapter.
10007+14 The board may enter into a trust indenture or any other agreement
10008+15 with the board for depositories in order to obtain a loan or a loan
10009+16 guarantee under IC 5-13-12-11.
10010+17 (10) To set levels of service and rates notwithstanding IC 8-3-1,
10011+18 for transportation of passengers subject to section 7 of this
10012+19 chapter.
10013+20 (11) To expend funds granted to the district from any source for
10014+21 the purpose of paying reasonable administrative expenses.
10015+22 (12) To purchase, acquire, lease, or lease with option to purchase
10016+23 all or any part of the assets of a railroad that is providing
10017+24 commuter transportation services within the district and to
10018+25 purchase or acquire all or any part of the issued and outstanding
10019+26 stock of a railroad that is providing commuter transportation
10020+27 services within the district.
10021+28 (13) To own all or any part of the capital stock or assets of a
10022+29 railroad that is providing commuter transportation services within
10023+30 the district, and to operate either directly, by management
10024+31 contract, or by lease any such railroad.
10025+32 (14) Subject to section 5.3 of this chapter, to issue revenue
10026+33 bonds of the district payable solely from revenues for the purpose
10027+34 of paying all or any part of the cost of acquiring the capital stock
10028+35 of a railroad company, all or any part of the assets of a railroad, or
10029+36 any property, real or personal, for the purposes of this chapter.
10030+37 (15) To acquire, lease, construct, maintain, repair, police, and
10031+38 operate a railroad and to establish rules for the use of the railroad
10032+39 and other properties subject to the jurisdiction and control of the
10033+40 board.
10034+41 (16) To acquire and dispose of real and personal property in the
10035+42 exercise of its powers and the performance of its duties under this
10036+ES 1—LS 7244/DI 120 231
10037+1 chapter.
10038+2 (17) To lease to others for development or operation all or any
10039+3 part of a railroad on such terms and conditions as the board
10040+4 considers advisable.
10041+5 (18) To make and enter into all contracts, undertakings, and
10042+6 agreements necessary or incidental to the performance of its
10043+7 duties and the execution of its powers under this chapter.
10044+8 (19) To employ, subject to sections 18 and 19 of this chapter, an
10045+9 executive director or manager, consulting engineers,
10046+10 superintendents, and such other engineers, construction and
10047+11 accounting experts, attorneys, and other employees and agents as
10048+12 may be necessary in its judgment, and to fix their compensation.
10049+13 (20) To negotiate and enter into agreements for railroad trackage
10050+14 rights regardless of the location of the track.
10051+15 (21) To authorize the Indiana department of transportation to
10052+16 exercise all or a part of the powers of the board under this chapter
10053+17 or IC 5-1.3 that are necessary or desirable to accomplish the
10054+18 purposes of this chapter or IC 5-1.3, subject, in each case, to the
10055+19 agreement of the Indiana department of transportation.
10056+20 (22) To do all other acts necessary or reasonably incident to
10057+21 carrying out the purpose of this chapter.
10058+22 (b) Notwithstanding the powers granted to the board in subsection
10059+23 (a), the district does not have the power to levy taxes.
10060+24 (c) In the event the board of trustees determines that the commuter
10061+25 transportation system or the railroad owned by the district cannot
10062+26 continue to provide adequate transportation service, or the district is
10063+27 terminated, the board may, subject to the conditions of any state or
10064+28 federal grant used to purchase equipment or property, dispose of any
10065+29 properties of the district.
10066+30 (d) In the event the district is dissolved, ninety percent (90%) of the
10067+31 proceeds shall be paid to the state and ten percent (10%) to the counties
10068+32 in proportion to their contributions.
10069+33 (e) In the exercise of any of the powers granted to the board in
10070+34 subsection (a), the board is not subject to any other laws related to
10071+35 commuter transportation systems or railroads.
10072+36 SECTION 192. IC 8-5-15-5.3 IS ADDED TO THE INDIANA
10073+37 CODE AS A NEW SECTION TO READ AS FOLLOWS
10074+38 [EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec. 5.3.
10075+39 Notwithstanding any other law, the northern Indiana commuter
10076+40 transportation district established under this chapter may not issue
10077+41 new bonds, new notes, or other new evidences of indebtedness after
10078+42 May 9, 2025, that are payable in whole or in part from amounts
10079+ES 1—LS 7244/DI 120 232
10080+1 distributed to the northern Indiana commuter transportation
10081+2 district from the commuter rail service fund (IC 8-3-1.5-20.5) or
10082+3 the electric rail service fund (IC 8-3-1.5-20.6). However, this
10083+4 section may not be construed to prohibit the refinancing of
10084+5 outstanding indebtedness originally incurred before May 10, 2025.
10085+6 SECTION 193. IC 8-5-15-5.4 IS AMENDED TO READ AS
10086+7 FOLLOWS [EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec.
10087+8 5.4. (a) Subject to section 5.3 of this chapter, the board may provide
10088+9 by resolution, at one (1) time or from time to time, for the issuance of
10089+10 revenue bonds of the district for the purpose of paying all or any part
10090+11 of the cost of a railroad project. The principal of and the interest on the
10091+12 bonds are payable solely from the revenues specifically pledged to the
10092+13 payment thereof. The bonds of each issue shall be dated, bear interest
10093+14 at any rate, and mature at a time or times not exceeding forty (40) years
10094+15 from the date thereof, as may be determined by the board, and may be
10095+16 made redeemable before maturity, at the option of the board, at such
10096+17 price or prices and under such terms and conditions as may be fixed by
10097+18 the board in the authorizing resolution.
10098+19 (b) The board shall determine the form of the bonds, including any
10099+20 interest coupons to be attached to the bonds, and shall fix the
10100+21 denomination or denominations of the bonds and the place or places of
10101+22 payment of principal and interest.
10102+23 (c) The bonds shall be issued in the name of the district and
10103+24 executed by the manual or facsimile signature of the president of the
10104+25 board. The manual or facsimile seal of the district shall be affixed or
10105+26 imprinted on the bonds and attested by the manual or facsimile
10106+27 signature of the secretary of the district. However, one (1) of the
10107+28 signatures must be manual, unless the bonds are authenticated by the
10108+29 manual signature of an authorized representative of a trustee for the
10109+30 bondholders. Any coupons attached to the bonds must bear the
10110+31 facsimile signature of the treasurer of the board. In case any officer
10111+32 whose signature or a facsimile of whose signature appears on any
10112+33 bonds or coupons ceases to be an officer before the delivery of the
10113+34 bonds, the signature or facsimile shall nevertheless be considered valid
10114+35 and sufficient for all purposes the same as if he had remained in office
10115+36 until the delivery. The bonds must contain on their face a statement to
10116+37 the effect that the bonds, as to both principal and interest, are payable
10117+38 solely from the revenues pledged for their payment.
10118+39 (d) All bonds issued under this chapter have all the qualities and
10119+40 incidents of negotiable instruments under the negotiable instruments
10120+41 law of Indiana.
10121+42 (e) The bonds may be issued in coupon, registered, or book entry
10122+ES 1—LS 7244/DI 120 233
10123+1 form, or any combination of these, as the board may determine, and
10124+2 provision may be made for the registration of any coupon bonds as to
10125+3 principal alone and also as to both principal and interest, and for the
10126+4 reconversion into coupon bonds of any bonds registered as to both
10127+5 principal and interest.
10128+6 (f) The board may sell the bonds in such manner and for such price
10129+7 as it may determine to be in the best interest of the district, either at
10130+8 public sale under IC 5-1-11 or at private sale.
10131+9 (g) The board may issue bonds under this chapter only after
10132+10 obtaining approval of the issuance by the Indiana department of
10133+11 transportation. Before giving approval, the Indiana department of
10134+12 transportation shall give due consideration to any contract terms and
10135+13 conditions that impinge on the continuation of revenues for the term of
10136+14 any bond.
10137+15 (h) This chapter constitutes full and complete authority for the
10138+16 issuance of bonds. No law, procedure or proceedings, publications,
10139+17 notices, consents, approvals, orders, acts, or things by the board or any
10140+18 other officer, department, agency or instrumentality of the state, county,
10141+19 or any municipality shall be required to issue such bonds except as may
10142+20 be prescribed in this chapter.
10143+21 (i) Bonds issued under the provisions of this section shall constitute
10144+22 legal investments for any private trust funds, and the funds of any
10145+23 banks, trust companies, insurance companies, building and loan
10146+24 associations, credit unions, banks of discount and deposit, savings
10147+25 banks, loans and trust and safe deposit companies, rural loan and
10148+26 savings associations, guaranty loan and savings associations, mortgage
10149+27 guaranty companies, small loan companies, industrial loan and
10150+28 investment companies, and any other financial institutions organized
10151+29 under the laws of the state of Indiana.
10152+30 (j) Bonds may not be sold to purchase or lease assets or purchase
10153+31 capital stock of a railroad unless the board has a written undertaking
10154+32 from the seller or lessor that the seller or lessor will take no direct
10155+33 action calculated to cause the reduction of levels of freight service
10156+34 being rendered or revenues being generated on any such railroad for a
10157+35 period of time not less than the term of the bonds.
10158+36 SECTION 194. IC 8-9.5-8-17, AS AMENDED BY P.L.99-2007,
10159+37 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10160+38 JANUARY 1, 2027]: Sec. 17. The authority shall study and implement
10161+39 programs to assist in the transportation of military veterans or
10162+40 individuals with a disability (as defined in IC 6-1.1-12-11 before its
10163+41 expiration) who travel on a toll road to or from a hospital for
10164+42 treatment. However, a program may not be inconsistent with the trust
10165+ES 1—LS 7244/DI 120 234
10166+1 indenture securing the bonds of the toll road.
10167+2 SECTION 195. IC 8-18-22-6, AS AMENDED BY P.L.256-2017,
10168+3 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10169+4 JULY 1, 2027]: Sec. 6. (a) Except as provided in subsection (b), the
10170+5 county fiscal body may pledge revenues for the payment of principal
10171+6 and interest on the bonds and for other purposes under the ordinance
10172+7 as provided by IC 5-1-14-4, including revenues from the following
10173+8 sources:
10174+9 (1) The motor vehicle highway account.
10175+10 (2) The local road and street account.
10176+11 (3) The county vehicle excise tax.
10177+12 (4) The county wheel tax.
10178+13 (5) The local income tax (IC 6-3.6).
10179+14 (6) Assessments.
10180+15 (7) Any other unappropriated or unencumbered money.
10181+16 (b) The county fiscal body may not pledge to levy ad valorem
10182+17 property taxes for these purposes, except for revenues from the
10183+18 following:
10184+19 (1) IC 8-16-3.
10185+20 (2) IC 8-16-3.1.
10186+21 (c) If the county fiscal body has pledged revenues from the local
10187+22 income tax as set forth in subsection (a), the local income tax council
10188+23 (as defined in IC 6-3.6-2-12) county fiscal body may covenant that the
10189+24 council county fiscal body will not repeal or modify the tax in a
10190+25 manner that would adversely affect owners of outstanding bonds issued
10191+26 under this chapter. The local income tax council county fiscal body
10192+27 may make the covenant by adopting an ordinance using procedures
10193+28 described in IC 6-3.6-3.
10194+29 SECTION 196. IC 8-22-3.5-9, AS AMENDED BY P.L.174-2022,
10195+30 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10196+31 JULY 1, 2027]: Sec. 9. (a) As used in this section, "base assessed
10197+32 value" means, subject to subsection (k):
10198+33 (1) the net assessed value of all the tangible property as finally
10199+34 determined for the assessment date immediately preceding the
10200+35 effective date of the allocation provision of the commission's
10201+36 resolution adopted under section 5 or 9.5 of this chapter,
10202+37 notwithstanding the date of the final action taken under section 6
10203+38 of this chapter; plus
10204+39 (2) to the extent it is not included in subdivision (1), the net
10205+40 assessed value of property that is assessed as residential property
10206+41 under the rules of the department of local government finance,
10207+42 within the airport development zone, as finally determined for the
10208+ES 1—LS 7244/DI 120 235
10209+1 current assessment date.
10210+2 However, subdivision (2) applies only to an airport development zone
10211+3 established after June 30, 1997, and the portion of an airport
10212+4 development zone established before June 30, 1997, that is added to an
10213+5 existing airport development zone.
10214+6 (b) A resolution adopted under section 5 of this chapter and
10215+7 confirmed under section 6 of this chapter must include a provision with
10216+8 respect to the allocation and distribution of property taxes for the
10217+9 purposes and in the manner provided in this section.
10218+10 (c) The allocation provision must:
10219+11 (1) apply to the entire airport development zone; and
10220+12 (2) require that any property tax on taxable tangible property
10221+13 subsequently levied by or for the benefit of any public body
10222+14 entitled to a distribution of property taxes in the airport
10223+15 development zone be allocated and distributed as provided in
10224+16 subsections (d) and (e).
10225+17 (d) Except as otherwise provided in this section:
10226+18 (1) the proceeds of the taxes attributable to the lesser of:
10227+19 (A) the assessed value of the tangible property for the
10228+20 assessment date with respect to which the allocation and
10229+21 distribution is made; or
10230+22 (B) the base assessed value;
10231+23 shall be allocated and, when collected, paid into the funds of the
10232+24 respective taxing units; and
10233+25 (2) the excess of the proceeds of the property taxes imposed for
10234+26 the assessment date with respect to which the allocation and
10235+27 distribution are made that are attributable to taxes imposed after
10236+28 being approved by the voters in a referendum or local public
10237+29 question conducted after April 30, 2010, not otherwise included
10238+30 in subdivision (1) shall be allocated to and, when collected, paid
10239+31 into the funds of the taxing unit for which the referendum or local
10240+32 public question was conducted.
10241+33 (e) All of the property tax proceeds in excess of those described in
10242+34 subsection (d) shall be allocated to the eligible entity for the airport
10243+35 development zone and, when collected, paid into special funds as
10244+36 follows:
10245+37 (1) The commission may determine that a portion of tax proceeds
10246+38 shall be allocated to a training grant fund to be expended by the
10247+39 commission without appropriation solely for the purpose of
10248+40 reimbursing training expenses incurred by public or private
10249+41 entities in the training of employees for the qualified airport
10250+42 development project.
10251+ES 1—LS 7244/DI 120 236
10252+1 (2) The commission may determine that a portion of tax proceeds
10253+2 shall be allocated to a debt service fund and dedicated to the
10254+3 payment of principal and interest on revenue bonds or a loan
10255+4 contract of the board of aviation commissioners or airport
10256+5 authority for a qualified airport development project, to the
10257+6 payment of leases for a qualified airport development project, or
10258+7 to the payment of principal and interest on bonds issued by an
10259+8 eligible entity to pay for qualified airport development projects in
10260+9 the airport development zone or serving the airport development
10261+10 zone.
10262+11 (3) The commission may determine that a part of the tax proceeds
10263+12 shall be allocated to a project fund and used to pay expenses
10264+13 incurred by the commission for a qualified airport development
10265+14 project that is in the airport development zone or is serving the
10266+15 airport development zone.
10267+16 (4) Except as provided in subsection (f), all remaining tax
10268+17 proceeds after allocations are made under subdivisions (1), (2),
10269+18 and (3) shall be allocated to a project fund and dedicated to the
10270+19 reimbursement of expenditures made by the commission for a
10271+20 qualified airport development project that is in the airport
10272+21 development zone or is serving the airport development zone.
10273+22 (f) Before July 15 of each year, the commission shall do the
10274+23 following:
10275+24 (1) Determine the amount, if any, by which tax proceeds allocated
10276+25 to the project fund in subsection (e)(3) in the following year will
10277+26 exceed the amount necessary to satisfy amounts required under
10278+27 subsection (e).
10279+28 (2) Provide a written notice to the county auditor and the officers
10280+29 who are authorized to fix budgets, tax rates, and tax levies under
10281+30 IC 6-1.1-17-5 for each of the other taxing units that is wholly or
10282+31 partly located within the allocation area. The notice must:
10283+32 (A) state the amount, if any, of excess tax proceeds that the
10284+33 commission has determined may be allocated to the respective
10285+34 taxing units in the manner prescribed in subsection (d)(1); or
10286+35 (B) state that the commission has determined that there are no
10287+36 excess tax proceeds that may be allocated to the respective
10288+37 taxing units in the manner prescribed in subsection (d)(1).
10289+38 The county auditor shall allocate to the respective taxing units the
10290+39 amount, if any, of excess tax proceeds determined by the
10291+40 commission.
10292+41 (g) When money in the debt service fund and in the project fund is
10293+42 sufficient to pay all outstanding principal and interest (to the earliest
10294+ES 1—LS 7244/DI 120 237
10295+1 date on which the obligations can be redeemed) on revenue bonds
10296+2 issued by the board of aviation commissioners or airport authority for
10297+3 the financing of qualified airport development projects, all lease rentals
10298+4 payable on leases of qualified airport development projects, and all
10299+5 costs and expenditures associated with all qualified airport
10300+6 development projects, money in the debt service fund and in the project
10301+7 fund in excess of those amounts shall be paid to the respective taxing
10302+8 units in the manner prescribed by subsection (d)(1).
10303+9 (h) Property tax proceeds allocable to the debt service fund under
10304+10 subsection (e)(2) must, subject to subsection (g), be irrevocably
10305+11 pledged by the eligible entity for the purpose set forth in subsection
10306+12 (e)(2).
10307+13 (i) Notwithstanding any other law, each assessor shall, upon petition
10308+14 of the commission, reassess the taxable tangible property situated upon
10309+15 or in, or added to, the airport development zone effective on the next
10310+16 assessment date after the petition.
10311+17 (j) Notwithstanding any other law, the assessed value of all taxable
10312+18 tangible property in the airport development zone, for purposes of tax
10313+19 limitation, property tax replacement, and formulation of the budget, tax
10314+20 rate, and tax levy for each political subdivision in which the property
10315+21 is located is the lesser of:
10316+22 (1) the assessed value of the tangible property as valued without
10317+23 regard to this section; or
10318+24 (2) the base assessed value.
10319+25 (k) If the commission confirms, or modifies and confirms, a
10320+26 resolution under section 6 of this chapter and the commission makes
10321+27 either of the filings required under section 6(c) of this chapter after the
10322+28 first anniversary of the effective date of the allocation provision, the
10323+29 auditor of the county in which the airport development zone is located
10324+30 shall compute the base assessed value for the allocation area using the
10325+31 assessment date immediately preceding the later of:
10326+32 (1) the date on which the documents are filed with the county
10327+33 auditor; or
10328+34 (2) the date on which the documents are filed with the department
10329+35 of local government finance.
10330+36 (l) For an airport development zone established after June 30, 2024,
10331+37 "residential property" refers to the assessed value of property that is
10332+38 allocated to the one percent (1%) homestead land and improvement
10333+39 categories in the county tax and billing software system, along with the
10334+40 residential assessed value as defined for purposes of calculating the
10335+41 rate for the local income tax property tax relief credit designated for
10336+42 residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
10337+ES 1—LS 7244/DI 120 238
10338+1 SECTION 197. IC 12-20-25-34, AS AMENDED BY P.L.197-2016,
10339+2 SECTION 103, IS AMENDED TO READ AS FOLLOWS
10340+3 [EFFECTIVE JULY 1, 2027]: Sec. 34. The financial plan adopted
10341+4 under section 33 of this chapter may include the following:
10342+5 (1) The adoption in the current year of a local income tax rate
10343+6 under IC 6-3.6 not to exceed one percent (1%). If a local income
10344+7 tax rate is imposed under this chapter, the ordinance must specify
10345+8 whether any revenue in excess of the rate needed to carry out the
10346+9 financial plan is to be used for property tax relief (IC 6-3.6-5)
10347+10 (before its expiration) or as additional revenue (IC 6-3.6-6). The
10348+11 revenue from the tax rate under this section shall be distributed as
10349+12 provided in this chapter. The adoption of a local income tax rate
10350+13 under this chapter is in addition to the local income tax rate under
10351+14 IC 6-3.6 that may already be in effect in the county.
10352+15 (2) The payment of township assistance with county money.
10353+16 (3) The elimination or reduction of township assistance services
10354+17 not required under this article.
10355+18 SECTION 198. IC 12-20-25-35, AS AMENDED BY P.L.197-2016,
10356+19 SECTION 104, IS AMENDED TO READ AS FOLLOWS
10357+20 [EFFECTIVE JULY 1, 2027]: Sec. 35. (a) The control board shall
10358+21 report the following to the county fiscal body:
10359+22 (1) The audit findings of the management committee.
10360+23 (2) The financial plan adopted under section 33 of this chapter.
10361+24 (b) Not more than thirty (30) days after notice, the county fiscal
10362+25 body shall adopt one (1) of the following:
10363+26 (1) An ordinance adopting the financial plan adopted by the
10364+27 control board.
10365+28 (2) An ordinance rejecting the financial plan adopted by the
10366+29 control board.
10367+30 (c) Notwithstanding IC 6-3.6-3, if:
10368+31 (1) the financial plan adopted under section 33 of this chapter
10369+32 includes a local income tax rate; and
10370+33 (2) the fiscal body adopts an ordinance adopting the financial plan
10371+34 under subsection (b);
10372+35 the local income tax rate is imposed at the rate adopted in the financial
10373+36 plan. Subject to the requirements of this chapter and notwithstanding
10374+37 that the local income tax council may be the adopting body specified
10375+38 in IC 6-3.6-3-1, the county fiscal body, rather than the local income tax
10376+39 council, has the authority granted to a local income tax council by
10377+40 IC 6-3.6-3 as long as the local income tax rate imposed under this
10378+41 chapter remains in effect.
10379+42 SECTION 199. IC 14-33-7-3 IS AMENDED TO READ AS
10380+ES 1—LS 7244/DI 120 239
10381+1 FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
10382+2 Sec. 3. (a) Except as provided in subsection (b), in all districts
10383+3 described in IC 14-33-9-4, the special benefits tax rate may not exceed
10384+4 six and sixty-seven hundredths cents ($0.0667) on each one hundred
10385+5 dollars ($100) of assessed valuation of property in the taxing district.
10386+6 (b) This subsection applies to a district established after
10387+7 December 31, 2024. The special benefits tax rate may not exceed
10388+8 five cents ($0.05) on each one hundred dollars ($100) of assessed
10389+9 valuation of property in the taxing district.
10390+10 SECTION 200. IC 20-23-19 IS ADDED TO THE INDIANA CODE
10391+11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
10392+12 UPON PASSAGE]:
10393+13 Chapter 19. Dissolution of Union School Corporation
10394+14 Sec. 1. As used in this chapter, "annex" has the meaning set
10395+15 forth in IC 20-23-5-2.
10396+16 Sec. 2. The Union School Corporation and the governing body
10397+17 of the Union School Corporation are dissolved on July 1, 2027.
10398+18 Sec. 3. (a) On July 1, 2027, the territory of the Union School
10399+19 Corporation is annexed as follows:
10400+20 (1) All of the territory of the Union School Corporation that
10401+21 is located in Henry County is annexed to the Blue River
10402+22 Valley Schools School Corporation.
10403+23 (2) All of the territory of the Union School Corporation that
10404+24 is located in Randolph County is annexed to the Monroe
10405+25 Central School Corporation.
10406+26 (b) The Union School Corporation may not, after July 1, 2025,
10407+27 do any of the following:
10408+28 (1) Issue new bonds.
10409+29 (2) Enter into a lease.
10410+30 (3) Otherwise incur any new obligations.
10411+31 Sec. 4. (a) Notwithstanding IC 20-26-7.1, the governing body of
10412+32 the Union School Corporation, before its dissolution under this
10413+33 chapter, shall offer for sale and sell in the open market any
10414+34 building and real property owned by the Union School
10415+35 Corporation.
10416+36 (b) If the governing body is unable to sell a building described
10417+37 in subsection (a), the governing body of the Union School
10418+38 Corporation shall make the building available for purchase as
10419+39 provided under IC 20-26-7.1.
10420+40 (c) If the governing body of the Union School Corporation does
10421+41 not sell a building or any real property described in subsection (a),
10422+42 the governing body shall transfer ownership of the building and
10423+ES 1—LS 7244/DI 120 240
10424+1 any real property to the governing body of the Monroe Central
10425+2 School Corporation.
10426+3 (d) Notwithstanding IC 20-26-7.1, the governing body of the
10427+4 Monroe Central School Corporation may offer for sale and sell any
10428+5 building or real property transferred under subsection (c) in the
10429+6 open market.
10430+7 Sec. 5. (a) The governing body of the Union School Corporation
10431+8 shall use any unencumbered funds and assets, including buses or
10432+9 other personal property, owned or held by the Union School
10433+10 Corporation to pay existing debts or liabilities of the Union School
10434+11 Corporation.
10435+12 (b) If funds and assets described in subsection (a) are
10436+13 insufficient to pay all the existing debts or liabilities of the Union
10437+14 School Corporation, there is appropriated on June 1, 2027, to the
10438+15 Union School Corporation from the state general fund an amount
10439+16 sufficient to pay off all existing debts of the Union School
10440+17 Corporation.
10441+18 Sec. 6. (a) If the Union School Corporation has any remaining
10442+19 unencumbered funds or assets after all debts of the Union School
10443+20 Corporation are paid, the remaining unencumbered funds or assets
10444+21 must be divided for transfer to the Blue River Valley Schools
10445+22 School Corporation and the Monroe Central School Corporation
10446+23 as follows:
10447+24 STEP ONE: Determine the total assessed value of all property
10448+25 subject to taxation by the Union School Corporation.
10449+26 STEP TWO: Determine the total assessed value of all
10450+27 property subject to taxation by the Union School Corporation
10451+28 that is located in Henry County.
10452+29 STEP THREE: Determine the total assessed value of all
10453+30 property subject to taxation by the Union School Corporation
10454+31 that is located in Randolph County.
10455+32 STEP FOUR: Calculate the quotient of:
10456+33 (A) STEP TWO; divided by
10457+34 (B) STEP ONE.
10458+35 STEP FIVE: Calculate the quotient of:
10459+36 (A) STEP THREE; divided by
10460+37 (B) STEP ONE.
10461+38 STEP SIX: Determine the product of:
10462+39 (A) the amount or value of any remaining unencumbered
10463+40 funds or assets of the Union School Corporation;
10464+41 multiplied by
10465+42 (B) STEP FOUR.
10466+ES 1—LS 7244/DI 120 241
10467+1 STEP SEVEN: Determine the product of:
10468+2 (A) the amount or value of any remaining unencumbered
10469+3 funds or assets of the Union School Corporation;
10470+4 multiplied by
10471+5 (B) STEP FIVE.
10472+6 (b) The governing body of the Union School Corporation shall
10473+7 do the following:
10474+8 (1) Determine the amount of the fair market value of each
10475+9 remaining unencumbered asset owned by the Union School
10476+10 Corporation.
10477+11 (2) Transfer the following not later than June 30, 2027:
10478+12 (A) The amount of any funds plus assets, as applicable, that
10479+13 is equal to the product determined under STEP SIX of
10480+14 subsection (a) to the Blue River Valley Schools School
10481+15 Corporation.
10482+16 (B) The amount of any funds plus assets, as applicable, that
10483+17 is equal to the product determined under STEP SEVEN of
10484+18 subsection (a) to the Monroe Central School Corporation.
10485+19 Sec. 7. (a) With the addition of the annexed territory under this
10486+20 chapter, the governing body of the Blue River Valley Schools
10487+21 School Corporation shall, not later than July 1, 2025, begin the
10488+22 process of adopting a plan, as needed, to determine the manner in
10489+23 which the governing body shall be constituted.
10490+24 (b) With the addition of the annexed territory under this
10491+25 chapter, the governing body of the Monroe Central School
10492+26 Corporation shall, not later than July 1, 2025, begin the process of
10493+27 adopting a plan, as needed, to determine the manner in which the
10494+28 governing body shall be constituted.
10495+29 (c) Except as provided in subsection (d), the plan shall be
10496+30 adopted in accordance with the requirements and procedures of
10497+31 IC 20-23-8.
10498+32 (d) The adoption of a plan under IC 20-23-8-10 and the
10499+33 submission of the plan to the state board under IC 20-23-8-15 are
10500+34 the only procedures required when an existing plan is changed as
10501+35 described in IC 20-23-5-11(b).
10502+36 (e) A plan described in subsection (a) or (b) must be adopted
10503+37 and effective not later than May 15, 2027.
10504+38 Sec. 8. For purposes of meeting the requirements of IC 3-8-1-34,
10505+39 an individual residing in territory annexed under section 3 of this
10506+40 chapter is considered a resident of the Blue River Valley Schools
10507+41 School Corporation or the Monroe Central School Corporation,
10508+42 whichever is applicable, during the time period in which the
10509+ES 1—LS 7244/DI 120 242
10510+1 individual resided in the territory before the annexation.
10511+2 Sec. 9. This subsection applies to the second installment of
10512+3 property taxes first due and payable in 2027. In the case of
10513+4 property tax revenue that, if not for the application of this chapter,
10514+5 is collected for Union School Corporation that is attributable to
10515+6 tangible property located in Randolph County, the Randolph
10516+7 County auditor shall distribute the property tax revenue instead to
10517+8 Monroe Central School Corporation. In the case of property tax
10518+9 revenue that, if not for the application of this chapter, is collected
10519+10 for Union School Corporation that is attributable to tangible
10520+11 property located in Henry County, the Henry County auditor shall
10521+12 distribute the property tax revenue instead to Blue River Valley
10522+13 School Corporation.
10523+14 Sec. 10. This chapter expires July 1, 2028.
10524+15 SECTION 201. IC 20-24-3-19 IS ADDED TO THE INDIANA
10525+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
10526+17 [EFFECTIVE JULY 1, 2025]: Sec. 19. (a) This section applies to a
10527+18 charter school that receives property tax revenue under any statute
10528+19 referred to in IC 20-24-7-6.1 or IC 20-24-7-6.2.
10529+20 (b) As used in this section, "executive" has the meaning set forth
10530+21 in IC 36-1-2-5.
10531+22 (c) The county executive of the county in which the charter
10532+23 school organizer is incorporated shall appoint one (1) individual to
10533+24 serve as a member of the charter school board.
10534+25 (d) In the case of a charter school organizer that operates more
10535+26 than one (1) charter school located in more than one (1) county, the
10536+27 county executive of the county in which the charter school is
10537+28 incorporated shall appoint the member under this section.
10538+29 (e) The following may not be appointed to a governing board
10539+30 under this section:
10540+31 (1) An individual currently serving on the governing body of
10541+32 a school corporation.
10542+33 (2) An individual currently employed by a school corporation.
10543+34 (f) A county executive may designate an individual who already
10544+35 serves on the governing board of the charter school as the county
10545+36 executive's appointee under subsection (c).
10546+37 SECTION 202. IC 20-24-4-1, AS AMENDED BY P.L.150-2024,
10547+38 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10548+39 JULY 1, 2025]: Sec. 1. (a) A charter must meet the following
10549+40 requirements:
10550+41 (1) Be a written instrument.
10551+42 (2) Be executed by an authorizer and an organizer.
10552+ES 1—LS 7244/DI 120 243
10553+1 (3) Confer certain rights, franchises, privileges, and obligations
10554+2 on a charter school.
10555+3 (4) Confirm the status of a charter school as a public school.
10556+4 (5) Subject to subdivision (6)(E), be granted for:
10557+5 (A) not less than three (3) years or more than fifteen (15)
10558+6 years; and
10559+7 (B) a fixed number of years agreed to by the authorizer and the
10560+8 organizer.
10561+9 (6) Provide for the following:
10562+10 (A) A review by the authorizer of the charter school's
10563+11 performance, including the progress of the charter school in
10564+12 achieving the academic goals set forth in the charter, at least
10565+13 one (1) time in each five (5) year period while the charter is in
10566+14 effect.
10567+15 (B) Renewal, if the authorizer and the organizer agree to renew
10568+16 the charter.
10569+17 (C) The renewal application must include guidance from the
10570+18 authorizer, and the guidance must include the performance
10571+19 criteria that will guide the authorizer's renewal decisions.
10572+20 (D) The renewal application process must, at a minimum,
10573+21 provide an opportunity for the charter school to:
10574+22 (i) present additional evidence, beyond the data contained in
10575+23 the performance report, supporting its case for charter
10576+24 renewal;
10577+25 (ii) describe improvements undertaken or planned for the
10578+26 charter school; and
10579+27 (iii) detail the charter school's plans for the next charter
10580+28 term.
10581+29 (E) Not later than the end of the calendar year in which the
10582+30 charter school seeks renewal of a charter, the governing board
10583+31 of a charter school seeking renewal shall submit a renewal
10584+32 application to the charter authorizer under the renewal
10585+33 application guidance issued by the authorizer. The authorizer
10586+34 shall make a final ruling on the renewal application not later
10587+35 than April 1 after the filing of the renewal application. A
10588+36 renewal granted under this clause is not subject to the three (3)
10589+37 year minimum described in subdivision (5). The April 1
10590+38 deadline does not apply to any review or appeal of a final
10591+39 ruling. After the final ruling is issued, the charter school may
10592+40 obtain further review by the authorizer of the authorizer's final
10593+41 ruling in accordance with the terms of the charter school's
10594+42 charter and the protocols of the authorizer.
10595+ES 1—LS 7244/DI 120 244
10596+1 (7) Specify the grounds for the authorizer to:
10597+2 (A) revoke the charter before the end of the term for which the
10598+3 charter is granted; or
10599+4 (B) not renew a charter.
10600+5 (8) Set forth the methods by which the charter school will be held
10601+6 accountable for achieving the educational mission and goals of
10602+7 the charter school, including the following:
10603+8 (A) Evidence of improvement in:
10604+9 (i) assessment measures, including the statewide assessment
10605+10 program measures;
10606+11 (ii) attendance rates;
10607+12 (iii) graduation rates (if appropriate);
10608+13 (iv) increased numbers of Indiana diplomas with a Core 40
10609+14 designation or increased numbers of Indiana diploma
10610+15 designations established under IC 20-19-2-21 and other
10611+16 college and career ready indicators including advanced
10612+17 placement participation and passage, dual credit
10613+18 participation and passage, and International Baccalaureate
10614+19 participation and passage (if appropriate);
10615+20 (v) increased numbers of Indiana diplomas with Core 40
10616+21 with academic honors and technical honors designations (if
10617+22 appropriate);
10618+23 (vi) student academic growth;
10619+24 (vii) financial performance and stability; and
10620+25 (viii) governing board performance and stewardship,
10621+26 including compliance with applicable laws, rules and
10622+27 regulations, and charter terms.
10623+28 (B) Evidence of progress toward reaching the educational
10624+29 goals set by the organizer.
10625+30 (9) Describe the method to be used to monitor the charter
10626+31 school's:
10627+32 (A) compliance with applicable law; and
10628+33 (B) performance in meeting targeted educational performance.
10629+34 (10) Specify that the authorizer and the organizer may amend the
10630+35 charter during the term of the charter by mutual consent and
10631+36 describe the process for amending the charter.
10632+37 (11) Describe specific operating requirements, including all the
10633+38 matters set forth in the application for the charter.
10634+39 (12) Specify a date when the charter school will:
10635+40 (A) begin school operations; and
10636+41 (B) have students attending the charter school.
10637+42 (13) Specify that records of a charter school relating to the
10638+ES 1—LS 7244/DI 120 245
10639+1 school's operation and charter are subject to inspection and
10640+2 copying to the same extent that records of a public school are
10641+3 subject to inspection and copying under IC 5-14-3.
10642+4 (14) Specify that records provided by the charter school to the
10643+5 department or authorizer that relate to compliance by the
10644+6 organizer with the terms of the charter or applicable state or
10645+7 federal laws are subject to inspection and copying in accordance
10646+8 with IC 5-14-3.
10647+9 (15) Specify that the charter school is subject to the requirements
10648+10 of IC 5-14-1.5.
10649+11 (16) This subdivision applies to a charter established or renewed
10650+12 for an adult high school after June 30, 2014. The charter must
10651+13 require:
10652+14 (A) that the school will offer flexible scheduling;
10653+15 (B) that students will not complete the majority of instruction
10654+16 of the school's curriculum online or through remote
10655+17 instruction;
10656+18 (C) that the school will offer dual credit or industry
10657+19 certification course work that aligns with career pathways as
10658+20 recommended by the Indiana career council established by
10659+21 IC 22-4.5-9-3 (expired); and
10660+22 (D) a plan:
10661+23 (i) to support successful program completion and to assist
10662+24 transition of graduates to the workforce or to a
10663+25 postsecondary education upon receiving a diploma from the
10664+26 adult high school; and
10665+27 (ii) to review individual student accomplishments and
10666+28 success after a student receives a diploma from the adult
10667+29 high school.
10668+30 (17) In the case of a charter school that is subject to
10669+31 IC 20-24-3-19, the charter must confirm that at least one (1)
10670+32 member of the governing board of the charter school will be
10671+33 appointed in accordance with IC 20-24-3-19.
10672+34 (b) A charter school shall set annual performance targets in
10673+35 conjunction with the charter school's authorizer. The annual
10674+36 performance targets shall be designed to help each school meet
10675+37 applicable federal, state, and authorizer expectations.
10676+38 SECTION 203. IC 20-24-7-6, AS AMENDED BY P.L.189-2023,
10677+39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10678+40 JULY 1, 2025]: Sec. 6. (a) With the approval of a majority of the
10679+41 members of the governing body, a school corporation may distribute a
10680+42 proportionate share of the school corporation's operations fund to a
10681+ES 1—LS 7244/DI 120 246
10682+1 charter school. A charter school may elect to distribute a proportionate
10683+2 share of the charter school's operations fund to the school corporation
10684+3 in whose district the charter school is located.
10685+4 (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
10686+5 governing body may distribute money that is received as part of a tax
10687+6 levy collected under IC 20-46-1 from the school corporation's
10688+7 education fund to a charter school, excluding a virtual charter school,
10689+8 in the manner provided by IC 20-46-1-8(e).
10690+9 (c) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
10691+10 governing body may distribute money from the school safety
10692+11 referendum tax levy fund to a charter school, excluding a virtual
10693+12 charter school, in the manner prescribed by IC 20-46-9-6(b).
10694+13 SECTION 204. IC 20-24-7-6.1, AS ADDED BY P.L.201-2023,
10695+14 SECTION 153, IS AMENDED TO READ AS FOLLOWS
10696+15 [EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) This section applies to
10697+16 revenue collected:
10698+17 (1) after June 30, 2024, and before January 1, 2028, from a tax
10699+18 levy imposed under IC 20-46-8 by the governing body of a school
10700+19 corporation described in IC 20-46-8-11.2(a); and
10701+20 (2) after December 31, 2027, in the case of a tax levy imposed
10702+21 under IC 20-46-8 by the governing body of a school
10703+22 corporation.
10704+23 (b) Beginning In calendar year 2025, 2026, and 2027, and each year
10705+24 thereafter, the county auditor shall distribute money that is received as
10706+25 part of a tax levy collected under IC 20-46-8 to an eligible charter
10707+26 school, excluding a virtual charter school and adult high school, for
10708+27 deposit in the charter school's operations fund created under
10709+28 IC 20-40-18-1. The distributions shall be made at the same time that
10710+29 tax levy revenue is required to be distributed to school corporations.
10711+30 (c) Beginning in calendar year 2028, and each year thereafter,
10712+31 the county auditor shall distribute money that is received as part
10713+32 of a tax levy collected under IC 20-46-8 to an eligible charter
10714+33 school, excluding a virtual charter school and adult high school, in
10715+34 the manner prescribed by IC 20-46-8-12 for deposit in the charter
10716+35 school's operations fund created under IC 20-40-18-1. The
10717+36 distributions shall be made at the same time that tax levy revenue
10718+37 is required to be distributed to school corporations.
10719+38 SECTION 205. IC 20-24-7-6.2, AS ADDED BY P.L.189-2023,
10720+39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10721+40 JULY 1, 2025]: Sec. 6.2. (a) This section applies to a levy:
10722+41 (1) resulting from a resolution to place a referendum on the ballot
10723+42 adopted by the governing body under IC 20-46-1-8,
10724+ES 1—LS 7244/DI 120 247
10725+1 IC 20-46-1-8.5, IC 20-46-9-6, or IC 20-46-9-7 after May 10,
10726+2 2023, for counties described in IC 20-46-1-21(a) and
10727+3 IC 20-46-9-22(a); or
10728+4 (2) if the:
10729+5 (A) governing body of the school corporation approves the
10730+6 referendum levy in a resolution adopted under
10731+7 IC 20-46-1-8 or IC 20-46-1-8.5; and
10732+8 (B) referendum levy is imposed for the first time with
10733+9 property taxes first due and payable in a calendar year
10734+10 beginning after December 31, 2027.
10735+11 (b) The county auditor in the county in which the applicable school
10736+12 corporation is located shall distribute money that is received as part of
10737+13 a tax levy collected under IC 20-46-1 to an applicable charter school,
10738+14 excluding a virtual charter school or adult high school, in the manner
10739+15 provided by IC 20-46-1-21.
10740+16 (c) The county auditor in the county in which the applicable school
10741+17 corporation is located shall distribute money that is received as part of
10742+18 a tax levy collected under IC 20-46-9 to an applicable charter school,
10743+19 excluding a virtual charter school or adult high school, in the manner
10744+20 prescribed by IC 20-46-9-22.
10745+21 (d) A charter school that may receive money from a school
10746+22 corporation's tax levy collected under IC 20-46-1 or a school safety
10747+23 referendum tax levy under IC 20-46-9 may not promote a position on
10748+24 is prohibited from promoting a referendum in the same manner as a
10749+25 school corporation is prohibited from promoting a position on a
10750+26 referendum under IC 20-46-1-20.
10751+27 (e) If a charter school receives a distribution from a school
10752+28 corporation from the school corporation's tax levy collected under
10753+29 IC 20-46-1 or a school safety referendum tax levy under IC 20-46-9,
10754+30 the charter school must post the following on the charter school's
10755+31 website:
10756+32 (1) The specific purposes for which the revenue received from the
10757+33 tax levy will be used.
10758+34 (2) An estimate of the annual dollar amounts that will be
10759+35 expended for each purpose described in subdivision (1).
10760+36 SECTION 206. IC 20-24-7-17 IS ADDED TO THE INDIANA
10761+37 CODE AS A NEW SECTION TO READ AS FOLLOWS
10762+38 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) This section is in addition
10763+39 to any other requirement imposed on a charter school with respect
10764+40 to the closure of a charter school, including the payment of any
10765+41 outstanding debts.
10766+42 (b) At the time of the closure of a charter school, the charter
10767+ES 1—LS 7244/DI 120 248
10768+1 school shall return any money remaining unexpended from any
10769+2 distribution of property tax revenue received from a levy referred
10770+3 to in sections 6.1 and 6.2 of this chapter to the school corporation
10771+4 that made the distribution. A charter school that closes is not
10772+5 entitled to any future distributions of property tax revenue from a
10773+6 levy referred to in sections 6.1 and 6.2 of this chapter.
10774+7 (c) If a charter school has outstanding debt at the time of the
10775+8 closure, the charter school must satisfy the outstanding debt in
10776+9 accordance with the following:
10777+10 (1) If the charter school owns the building but did not
10778+11 purchase the building under IC 20-26-7.1, the charter school
10779+12 must first sell the building and apply the proceeds received
10780+13 from the sale to pay off the outstanding debt.
10781+14 (2) If subdivision (1) does not apply, the charter school must
10782+15 satisfy the debt by means of any other revenue source legally
10783+16 available to the charter school.
10784+17 (d) A charter school that closes must notify the county auditor
10785+18 of the county in which the charter school is located of the closure
10786+19 and provide the county auditor with a copy of the:
10787+20 (1) charter school authorizer's decision;
10788+21 (2) charter school's governing body's vote determining; or
10789+22 (3) minutes of the meeting at which the charter school's
10790+23 governing body made the decision;
10791+24 to close the charter school.
10792+25 SECTION 207. IC 20-25.7-5-3, AS AMENDED BY P.L.162-2024,
10793+26 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10794+27 JULY 1, 2025]: Sec. 3. (a) For as long as a charter school remains a
10795+28 participating innovation network charter school:
10796+29 (1) the school corporation may provide transportation for students
10797+30 attending the participating innovation network charter school;
10798+31 (2) the school corporation may maintain and repair the buildings
10799+32 and grounds used by the participating innovation network charter
10800+33 school consistent with the maintenance and repair to the school
10801+34 corporation's other buildings and grounds;
10802+35 (3) the school corporation may enter into an agreement to transfer
10803+36 the ownership of a school corporation facility to the organizer;
10804+37 and
10805+38 (4) the school corporation may not alter the use of the facility
10806+39 occupied by the participating innovation network charter school
10807+40 without written agreement from the organizer.
10808+41 (b) If an organizer contracts with a school corporation for goods or
10809+42 services, the school corporation may not charge the organizer more for
10810+ES 1—LS 7244/DI 120 249
10811+1 the goods or services than the school corporation pays for the goods or
10812+2 services. A school corporation may not require an organizer to contract
10813+3 for specific goods or services provided by the school corporation or any
10814+4 other entity.
10815+5 (c) A school corporation and an organizer may negotiate to require
10816+6 specific services with regard to a participating innovation network
10817+7 charter school during the term of an agreement. However, an organizer
10818+8 must be able to select the service provider for the services.
10819+9 (d) For as long as a charter school remains a participating
10820+10 innovation network charter school, the school corporation may
10821+11 distribute money levied as property taxes to the charter school. Property
10822+12 taxes distributed to a charter school must be used only for a purpose for
10823+13 which the property taxes could have been used by the school
10824+14 corporation. Property taxes distributed under this subsection may
10825+15 supplement services and property provided under subsection (a) or (b).
10826+16 The parties may jointly modify an agreement described in section 2 of
10827+17 this chapter to implement this subsection.
10828+18 (e) An agreement concerning the transfer of ownership of a school
10829+19 corporation facility described in subsection (a) is not subject to
10830+20 IC 20-26-7.1.
10831+21 (f) Unless an agreement entered into before July 1, 2024, between
10832+22 a board and an organizer provides otherwise, a school corporation may
10833+23 not charge an organizer an amount for goods and services that is
10834+24 greater than the amount of the operations fund property tax levy the
10835+25 organizer receives under IC 20-46-8-11.2 or IC 20-46-8-12 for the
10836+26 participating innovation network charter school.
10837+27 SECTION 208. IC 20-26-7-18, AS AMENDED BY P.L.250-2023,
10838+28 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10839+29 JULY 1, 2025]: Sec. 18. Subject to IC 5-1-11.5, a school corporation
10840+30 may issue and sell bonds under the general statutes governing the
10841+31 issuance of bonds to purchase and improve buildings or lands, or both.
10842+32 All laws relating to approval (if required) in a local public question
10843+33 under IC 6-1.1-20, including the requirement that a local public
10844+34 question may be placed on the ballot only at a general election, the
10845+35 filing of petitions, remonstrances, and objecting petitions, giving
10846+36 notices of the filing of petitions, the determination to issue bonds, and
10847+37 the appropriation of the proceeds of the bonds are applicable to the
10848+38 issuance of bonds under section 17 of this chapter.
10849+39 SECTION 209. IC 20-26-7.1-1, AS AMENDED BY P.L.36-2024,
10850+40 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10851+41 JULY 1, 2025]: Sec. 1. (a) For purposes of this section, "charter
10852+42 school" does not include a virtual charter school or an adult high
10853+ES 1—LS 7244/DI 120 250
10854+1 school.
10855+2 (b) This chapter does not apply to the following:
10856+3 (1) A school building that since July 1, 2011, is leased or loaned
10857+4 by the school corporation that owns the school building to another
10858+5 entity, if the entity is not a building corporation or other entity that
10859+6 is related in any way to, or created by, the school corporation or
10860+7 the governing body.
10861+8 (2) A school corporation to which all of the following apply:
10862+9 (A) The county auditor distributes revenue after May 10, 2023,
10863+10 as required under IC 20-46-1-21 or IC 20-46-1-22 to each
10864+11 eligible charter school. described in IC 20-46-1-21(b).
10865+12 (B) If the school corporation listed in IC 20-46-9-22 receives
10866+13 revenue from a school safety referendum tax levy under
10867+14 IC 20-46-9, the county auditor distributes revenue after May
10868+15 10, 2023, as required under IC 20-46-9-22 to each charter
10869+16 school described in IC 20-46-9-22(b).
10870+17 The above subdivisions are intended to apply retroactively. No
10871+18 referendums or distributed revenue prior to May 10, 2023, are
10872+19 effective to provide exemption from this chapter.
10873+20 (3) A school corporation to which all of the following apply:
10874+21 (A) The school corporation approves a resolution after May
10875+22 10, 2023, to impose an operating referendum tax levy under
10876+23 IC 20-46-1 after May 10, 2023, that includes sharing the
10877+24 revenue from the referendum tax levy in the amounts
10878+25 described in clause (B) with each charter school that:
10879+26 (i) a student who resides within the attendance area of the
10880+27 school corporation attends; and
10881+28 (ii) elects to participate in the referendum.
10882+29 The above subdivisions are intended to apply retroactively. No
10883+30 resolutions, referendums, or distributed revenue prior to May 10,
10884+31 2023, are effective to provide exemption from this chapter.
10885+32 (B) The amount of referendum tax levy revenue that the school
10886+33 corporation is required to share with each charter school under
10887+34 the resolution described in clause (A) is equal to the amount
10888+35 determined applying the applicable formula under
10889+36 IC 20-46-1-21(d). IC 20-46-1-21 or IC 20-46-1-22.
10890+37 (C) The referendum tax levy described in clause (A) is
10891+38 approved by the voters.
10892+39 (D) The school corporation distributes the amounts described
10893+40 in clause (B) to each charter school described in clause (A).
10894+41 (E) If the school corporation receives revenue from a school
10895+42 safety referendum tax levy under IC 20-46-9, the school
10896+ES 1—LS 7244/DI 120 251
10897+1 corporation shares the revenue from the school safety
10898+2 referendum tax levy with each charter school that:
10899+3 (i) a student who resides within the attendance area of the
10900+4 school corporation attends; and
10901+5 (ii) elects to participate in the referendum;
10902+6 in an amount equal to the amount determined applying the
10903+7 formula under IC 20-46-9-22(d).
10904+8 (c) In order for any payment to a charter school to qualify as sharing
10905+9 of proceeds from a referendum for purposes of exemption from
10906+10 IC 20-26-7.1, the referendum must have been passed with prior notice
10907+11 to voters of all amounts of referendum proceeds to be paid to charter
10908+12 schools. Any claim of exemption based on payment of proceeds from
10909+13 a referendum passed without such notice is void.
10910+14 SECTION 210. IC 20-40-2-2, AS AMENDED BY P.L.201-2023,
10911+15 SECTION 181, IS AMENDED TO READ AS FOLLOWS
10912+16 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The governing body of each
10913+17 school corporation shall establish an education fund for the payment of
10914+18 expenses that are allocated to student instruction and learning under
10915+19 IC 20-42.5.
10916+20 (b) The governing body of a charter school that receives a
10917+21 distribution of revenue received from a tax levy under IC 20-46-8-11.2
10918+22 or IC 20-46-8-12 shall establish an education fund for the payment of
10919+23 expenses that are allocated to student instruction and learning under
10920+24 IC 20-42.5.
10921+25 SECTION 211. IC 20-40-3-5, AS AMENDED BY P.L.189-2023,
10922+26 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10923+27 JULY 1, 2025]: Sec. 5. (a) Money in the fund may be used for any
10924+28 lawful school expenses, including making a transfer to the school
10925+29 corporation's education fund (IC 20-40-2) or operations fund
10926+30 (IC 20-40-18).
10927+31 (b) Except as provided in IC 20-46-1-21, a school corporation may
10928+32 distribute proceeds of a tax levy collected under IC 20-46-1 that is
10929+33 transferred to the school corporation's education fund to a charter
10930+34 school, excluding a virtual charter school, that is located within the
10931+35 attendance area of the school corporation.
10932+36 SECTION 212. IC 20-40-18-1, AS AMENDED BY P.L.201-2023,
10933+37 SECTION 185, IS AMENDED TO READ AS FOLLOWS
10934+38 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) The governing body of each
10935+39 school corporation shall create an operations fund to be used by the
10936+40 school corporation after December 31, 2018.
10937+41 (b) The governing body of each charter school that receives a
10938+42 distribution of revenue received from a tax levy under IC 20-46-8-11.2
10939+ES 1—LS 7244/DI 120 252
10940+1 or IC 20-46-8-12 shall create an operations fund to be used by the
10941+2 charter school after December 31, 2024.
10942+3 SECTION 213. IC 20-40-18-2, AS AMENDED BY P.L.201-2023,
10943+4 SECTION 186, IS AMENDED TO READ AS FOLLOWS
10944+5 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The operations fund shall be
10945+6 used to deposit the following after December 31, 2018, in the case of
10946+7 a school corporation:
10947+8 (1) Revenue from the school corporation's operations fund
10948+9 property tax levy under IC 20-46-8.
10949+10 (2) The sum of the following excise tax revenue received for
10950+11 deposit in the fund in the calendar year in which the school year
10951+12 begins:
10952+13 (A) Financial institutions excise tax (IC 6-5.5).
10953+14 (B) Motor vehicle excise taxes (IC 6-6-5).
10954+15 (C) Commercial vehicle excise taxes (IC 6-6-5.5).
10955+16 (D) Boat excise tax (IC 6-6-11).
10956+17 (E) Aircraft license excise tax (IC 6-6-6.5).
10957+18 (3) Transfers from the education fund (IC 20-40-2) or the
10958+19 operating referendum tax levy fund (IC 20-40-3), if any.
10959+20 (4) Allocations of local income taxes to the school corporation
10960+21 under IC 6-3.6-6, if any.
10961+22 (b) In the case of a charter school, the operations fund shall be
10962+23 used to deposit amounts distributed to the charter school under
10963+24 IC 20-46-8-11.2 or IC 20-46-8-12 after December 31, 2024.
10964+25 SECTION 214. IC 20-40-18-10.5, AS ADDED BY P.L.201-2023,
10965+26 SECTION 187, IS AMENDED TO READ AS FOLLOWS
10966+27 [EFFECTIVE JULY 1, 2025]: Sec. 10.5. (a) This section applies only
10967+28 to eligible charter schools that receive amounts distributed under
10968+29 IC 20-46-8-11.2 or IC 20-46-8-12.
10969+30 (b) For purposes of this section, "charter board" means the
10970+31 governing body of the organizer (as defined in IC 20-24-1-7) of an
10971+32 eligible charter school.
10972+33 (c) The operations fund may be used only to do the following:
10973+34 (1) Carry out a capital projects plan under the following
10974+35 conditions:
10975+36 (A) The plan must include all proposed expenditures that
10976+37 exceed ten thousand dollars ($10,000) and are for:
10977+38 (i) capital assets; or
10978+39 (ii) projects that are considered capital in nature, including
10979+40 technology related projects.
10980+41 (B) If a charter school wants to use money in the operations
10981+42 fund during the year to pay for any items listed in clause (E)
10982+ES 1—LS 7244/DI 120 253
10983+1 that are considered capital in nature, the charter board must
10984+2 approve a plan following a public hearing. The charter school
10985+3 shall post the proposed plan or proposed amended plan on the
10986+4 charter school's website before the hearing. The charter school
10987+5 shall submit the proposed capital projects plan to the
10988+6 department of local government finance's computer gateway
10989+7 at least ten (10) days before the public hearing. The
10990+8 department of local government finance shall make the
10991+9 proposed plan available at least ten (10) days before the
10992+10 hearing, through the department's computer gateway. If an
10993+11 amendment to a capital projects plan is proposed, the charter
10994+12 board must declare the nature of and need for the amendment
10995+13 in the plan amendment.
10996+14 (C) If a charter board adopts a plan under clause (B), the
10997+15 charter school must then submit the plan to the department of
10998+16 local government finance for inclusion on the department's
10999+17 computer gateway not later than thirty (30) days after adoption
11000+18 of the plan. The department of local government finance shall
11001+19 immediately make the proposed plan available through the
11002+20 gateway website.
11003+21 (D) This clause applies to an amendment to a plan that is
11004+22 required because of an emergency that results in costs that
11005+23 exceed the amount accumulated in the fund for repair,
11006+24 replacement, or site acquisition that is necessitated by an
11007+25 emergency. The charter board is not required to comply with
11008+26 clause (C). If the charter board determines that an emergency
11009+27 exists, the governing body may adopt an amendment to the
11010+28 plan. An amendment to a plan is not subject to the deadline
11011+29 and procedures for adoption of a plan described in this
11012+30 subdivision.
11013+31 (E) This clause sets forth an exclusive list of the expenditures
11014+32 that may be made from the operations fund under clause (B),
11015+33 as set forth in the charter board's plan or amended plan.
11016+34 Subject to the expenditures that are identified in the charter
11017+35 school's plan or amended plan, the operations fund shall be
11018+36 used for the following:
11019+37 (i) Site acquisition.
11020+38 (ii) Site development.
11021+39 (iii) Building acquisition, construction, replacement,
11022+40 renovation, remodeling, improvement, and maintenance,
11023+41 including building materials and employment services.
11024+42 (iv) Rental of real estate, buildings, facilities, and
11025+ES 1—LS 7244/DI 120 254
11026+1 equipment.
11027+2 (v) To repair and replace buildings and to repair and replace
11028+3 building fixtures that are owned or leased by the charter
11029+4 school and of a type constituting loss capable of being
11030+5 covered by casualty insurance.
11031+6 (vi) Purchase, lease, repair, or maintenance of equipment,
11032+7 including maintenance vehicles to be used by the charter
11033+8 school. However, the fund may not be used to pay for the
11034+9 purchase, lease, repair, or maintenance of vehicles that are
11035+10 not maintenance vehicles, or equipment to be used primarily
11036+11 for interscholastic or extracurricular activities.
11037+12 (vii) Service contracts for janitorial and custodial services,
11038+13 maintenance services, snow and ice removal services, trash
11039+14 removal services, mowing and lawn care services, pest
11040+15 control services, and any other routine services normally
11041+16 required in the maintenance or upkeep of charter school
11042+17 facilities.
11043+18 (viii) Repair, replacement, or site acquisition that is
11044+19 necessitated by an emergency.
11045+20 (ix) Construction, repair, replacement, remodeling, or
11046+21 maintenance of a school sports facility.
11047+22 (x) Utilities.
11048+23 (xi) Property and casualty insurance.
11049+24 (xii) Purchase, lease, upgrade, maintenance, or repair
11050+25 technology that will not be allocated to student instruction
11051+26 and learning, to include computer hardware, computer
11052+27 software, wiring and computer networks, and
11053+28 communication access systems used to connect with
11054+29 computer networks or electronic gateways; services of
11055+30 full-time or part-time computer maintenance employees;
11056+31 conducting nonrecurring inservice technology training of
11057+32 school employees; implementing the technology preparation
11058+33 curriculum; participating in a program to provide
11059+34 educational technologies, including computers in the homes
11060+35 of students (commonly referred to as "the buddy system
11061+36 project") under IC 20-20-13-6, the 4R's technology program,
11062+37 or any other program under the educational technology
11063+38 program described in IC 20-20-13; and obtaining any
11064+39 combination of equipment or services in the preceding two
11065+40 (2) categories of this item.
11066+41 (xiii) Services of charter school employees who perform
11067+42 services considered to be a skilled trade by the United States
11068+ES 1—LS 7244/DI 120 255
11069+1 Department of Labor, Employment and Training
11070+2 Administration. For purposes of this item, skilled trade
11071+3 services do not include janitorial or comparable routine
11072+4 services normally provided in the daily operation of school
11073+5 facilities or equipment. Payment may be made for employee
11074+6 services only if the employees perform construction of,
11075+7 renovation of, remodeling of, repair of, or maintenance on
11076+8 the facilities and equipment of the charter school.
11077+9 (2) Pay transportation costs under the following conditions:
11078+10 (A) A charter school shall use the operations fund to pay the
11079+11 transportation costs attributable to transportation of school
11080+12 children as specified in clause (B).
11081+13 (B) Only the following costs are payable from the fund:
11082+14 (i) Salaries paid to bus drivers, transportation supervisors,
11083+15 mechanics and garage employees, clerks, and other
11084+16 transportation related employees.
11085+17 (ii) Contracted transportation services.
11086+18 (iii) Wages of independent contractors.
11087+19 (iv) Contracts with common carriers.
11088+20 (v) Student fares.
11089+21 (vi) Transportation related insurance.
11090+22 (vii) Other expenses of operating the school corporation's
11091+23 transportation service, including gasoline, lubricants, tires,
11092+24 repairs, contracted repairs, parts, supplies, equipment, and
11093+25 other related expenses.
11094+26 (C) Percentages or parts of salaries of teaching personnel or
11095+27 principals are not attributable to transportation. However, parts
11096+28 of salaries of instructional aides who are assigned to assist
11097+29 with the school transportation program are attributable to
11098+30 transportation. The costs described in this clause (other than
11099+31 instructional aide costs) may not be budgeted for payment or
11100+32 paid from the fund.
11101+33 (D) Costs for a calendar year are those costs attributable to
11102+34 transportation for students during the school year ending in the
11103+35 calendar year.
11104+36 (3) Carry out a school bus replacement plan approved by the
11105+37 charter school board under the following conditions:
11106+38 (A) Before a charter school may use money in the operations
11107+39 fund for replacing school buses, a resolution approving the
11108+40 school bus replacement plan or amended plan must be
11109+41 submitted to the department of local government finance.
11110+42 (B) The department of local government finance shall
11111+ES 1—LS 7244/DI 120 256
11112+1 prescribe the format of the plan. A plan must apply to at least
11113+2 the five (5) budget years immediately following the year the
11114+3 plan is adopted and include at least an estimate for each year
11115+4 to which it applies of the nature and amount of proposed
11116+5 expenditures from the fund, and if the school corporation is
11117+6 seeking to acquire or contract for transportation services that
11118+7 will provide additional school buses or school buses with a
11119+8 larger seating capacity as compared with the number and type
11120+9 of school buses from the prior school year, evidence of a
11121+10 demand for increased transportation services within the school
11122+11 corporation. However, the evidence requirement regarding a
11123+12 contract for transportation services does not apply if contracted
11124+13 transportation services are not paid from the fund.
11125+14 (C) If the charter school is seeking to require a contractor to
11126+15 replace a school bus, evidence that the need exists for the
11127+16 replacement of the school bus. This clause does not apply if
11128+17 contracted transportation services are not paid from the
11129+18 operations fund.
11130+19 (D) Evidence that the charter school that seeks to acquire
11131+20 additional school buses under this subdivision is acquiring or
11132+21 contracting for the school buses only for the purposes
11133+22 specified in clause (B) or for replacement purposes.
11134+23 (E) If a charter school wants to use money in the operations
11135+24 fund during the year to pay for school bus replacement, the
11136+25 governing body must adopt a resolution approving the bus
11137+26 replacement plan or amended plan. The charter school shall
11138+27 post the proposed plan or proposed amended plan on the
11139+28 charter school's website before the hearing. The governing
11140+29 body must hold a hearing on the adoption of the plan. The
11141+30 charter school shall submit the proposed school bus
11142+31 replacement plan or amended plan to the department of local
11143+32 government finance's computer gateway at least ten (10) days
11144+33 before the hearing on the adoption of the plan. The department
11145+34 of local government finance shall make the proposed plan
11146+35 available to taxpayers, at least ten (10) days before the hearing,
11147+36 through the department's computer gateway. If an amendment
11148+37 to a bus replacement plan is being proposed, the charter school
11149+38 must declare the nature of and the need for the amendment in
11150+39 the resolution to adopt the amendment to the plan.
11151+40 (4) Pay expenses that are allocated to overhead and operational
11152+41 expenditures.
11153+42 (5) Establish, maintain, and equip a public playground.
11154+ES 1—LS 7244/DI 120 257
11155+1 SECTION 215. IC 20-46-1-8, AS AMENDED BY P.L.162-2024,
11156+2 SECTION 25, AND AS AMENDED BY P.L.36-2024, SECTION 10,
11157+3 AND AS AMENDED BY P.L.104-2024, SECTION 51, AND AS
11158+4 AMENDED BY THE TECHNICAL CORRECTIONS BILL OF THE
11159+5 2025 GENERAL ASSEMBLY, IS CORRECTED AND AMENDED
11160+6 TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a)
11161+7 Subject to subsections (e), (f), and (g) (b), (e), and (f) and this chapter,
11162+8 the governing body of a school corporation may adopt a resolution to
11163+9 place a referendum under this chapter on the ballot for any of the
11164+10 following purposes:
11165+11 (1) The governing body of the school corporation determines that
11166+12 it cannot, in a calendar year, carry out its public educational duty
11167+13 unless it imposes a referendum tax levy under this chapter.
11168+14 (2) The governing body of the school corporation determines that
11169+15 a referendum tax levy under this chapter should be imposed to
11170+16 replace property tax revenue that the school corporation will not
11171+17 receive because of the application of the credit under
11172+18 IC 6-1.1-20.6.
11173+19 (3) Except for resolutions described in subsection (b), the
11174+20 governing body makes the determination required under
11175+21 subdivision (1) or (2) and determines to share a portion of the
11176+22 referendum proceeds with a charter school, excluding a virtual
11177+23 charter school, in the manner prescribed in subsection (e).
11178+24 (b) A resolution for a referendum for a county described in:
11179+25 (1) section 21 of this chapter; that is adopted after May 10, 2023,
11180+26 or
11181+27 (2) section 22 of this chapter;
11182+28 shall specify that a portion of the proceeds collected from the proposed
11183+29 levy will be distributed to applicable charter schools in the manner
11184+30 described under section 21 of this chapter.
11185+31 (c) The governing body of the school corporation shall certify a
11186+32 copy of the resolution to place a referendum on the ballot to the
11187+33 following:
11188+34 (1) The department of local government finance, including:
11189+35 (A) the language for the question required by section 10 of this
11190+36 chapter, or in the case of a resolution to extend a referendum
11191+37 levy certified to the department of local government finance
11192+38 after March 15, 2016, section 10.1 of this chapter; and
11193+39 (B) a copy of the revenue spending plan adopted under
11194+40 subsection (g). (f).
11195+41 The language of the public question must include the estimated
11196+42 average percentage increases certified by the county auditor under
11197+ES 1—LS 7244/DI 120 258
11198+1 section 10(e) or 10.1(f) of this chapter, as applicable. The
11199+2 governing body of the school corporation shall also provide the
11200+3 county auditor's certification described in section 10(e) or 10.1(f)
11201+4 of this chapter, as applicable. The department of local government
11202+5 finance shall post the values certified by the county auditor to the
11203+6 department's website. The department shall review the language
11204+7 for compliance with section 10 or 10.1 of this chapter, whichever
11205+8 is applicable, and either approve or reject the language. The
11206+9 department shall send its decision to the governing body of the
11207+10 school corporation not more than ten (10) days after both the
11208+11 certification of the county auditor described in section 10(e) or
11209+12 10.1(f) of this chapter, as applicable, and the resolution is are
11210+13 submitted to the department. If the language is approved, the
11211+14 governing body of the school corporation shall certify a copy of
11212+15 the resolution, including the language for the question and the
11213+16 department's approval.
11214+17 (2) The county fiscal body of each county in which the school
11215+18 corporation is located (for informational purposes only).
11216+19 (3) The circuit court clerk of each county in which the school
11217+20 corporation is located.
11218+21 (d) If a school safety referendum tax levy under IC 20-46-9 has been
11219+22 approved by the voters in a school corporation at any time in the
11220+23 previous three (3) years, the school corporation may not:
11221+24 (1) adopt a resolution to place a referendum under this chapter on
11222+25 the ballot; or
11223+26 (2) otherwise place a referendum under this chapter on the ballot.
11224+27 (e) Except as provided in section 21 of this chapter, the resolution
11225+28 described in subsection (a) must indicate whether proceeds in the
11226+29 school corporation's education fund collected from a tax levy under this
11227+30 chapter will be used to provide a distribution to a charter school or
11228+31 charter schools, excluding a virtual charter school, under IC 20-40-3-5
11229+32 as well as the amount that will be distributed to the particular charter
11230+33 school or charter schools. A school corporation may request from the
11231+34 designated charter school or charter schools any financial
11232+35 documentation necessary to demonstrate the financial need of the
11233+36 charter school or charter schools. Distribution to a charter school of
11234+37 proceeds from a referendum held before May 10, 2023, does not
11235+38 provide exemption from this chapter.
11236+39 (f) This subsection applies to a resolution described in subsection
11237+40 (a) for a county described in section 21(a) of this chapter that is
11238+41 adopted after May 10, 2023. The resolution described in subsection (a)
11239+42 shall include a projection of the amount that the school corporation
11240+ES 1—LS 7244/DI 120 259
11241+1 expects to be distributed to a particular charter school, excluding
11242+2 virtual charter schools or adult high schools, under section 21 of this
11243+3 chapter if the charter school voluntarily elects to participate in the
11244+4 referendum in the manner described in subsection (i). At least sixty
11245+5 (60) days before the resolution described in subsection (a) is voted on
11246+6 by the governing body, the school corporation shall contact the
11247+7 department to determine the number of students in kindergarten
11248+8 through grade 12 who have legal settlement in the school corporation
11249+9 but attend a charter school, excluding virtual charter schools or adult
11250+10 high schools, and who receive not more than fifty percent (50%) virtual
11251+11 instruction. The department shall provide the school corporation with
11252+12 the number of students with legal settlement in the school corporation
11253+13 who attend a charter school, and who receive not more than fifty
11254+14 percent (50%) virtual instruction, which shall be disaggregated for each
11255+15 particular charter school, excluding a virtual charter school or adult
11256+16 high school. The projection may include an expected increase in
11257+17 charter schools during the term the levy is imposed under this chapter.
11258+18 The department of local government finance shall prescribe the manner
11259+19 in which the projection shall be calculated. The governing body shall
11260+20 take into consideration the projection when adopting the revenue
11261+21 spending plan under subsection (g).
11262+22 (e) This subsection applies to a resolution described in section 21
11263+23 or 22 of this chapter. Not later than sixty (60) days before the
11264+24 resolution is voted on by the governing body, the school
11265+25 corporation shall contact the department to determine the
11266+26 following:
11267+27 (1) In the case of a resolution described in section 22 of this
11268+28 chapter, whether the school corporation is exempt from
11269+29 revenue sharing requirements under section 22(a)(2) of this
11270+30 chapter. If the school corporation is determined to be exempt,
11271+31 the department shall notify the school corporation, and the
11272+32 school corporation is not required to contact charter schools
11273+33 concerning participation under subsection (h), shall exclude
11274+34 distributions to charter schools under section 22 of this
11275+35 chapter, and shall exclude charter schools from the projection
11276+36 described in this subsection.
11277+37 (2) If the school corporation is not determined to be exempt
11278+38 from revenue sharing requirements under subdivision (1), the
11279+39 number of students in kindergarten through grade 12 who:
11280+40 (A) have legal settlement in the school corporation but
11281+41 attend a charter school, excluding virtual charter schools
11282+42 or adult high schools; and
11283+ES 1—LS 7244/DI 120 260
11284+1 (B) receive not more than fifty percent (50%) virtual
11285+2 instruction.
11286+3 Not later than ten (10) days after receiving the request, the
11287+4 department shall provide the school corporation with the requested
11288+5 information, which shall be disaggregated for each particular
11289+6 charter school. Subject to subsection (h), the resolution shall
11290+7 include a projection of the amount that the school corporation
11291+8 expects, based on the information provided by the department
11292+9 under this subsection, to be distributed to a particular charter
11293+10 school under section 21 or 22 of this chapter.
11294+11 (g) (f) As part of the resolution described in subsection (a), the
11295+12 governing body of the school corporation shall adopt a revenue
11296+13 spending plan for the proposed referendum tax levy that includes:
11297+14 (1) an estimate of the amount of annual revenue expected to be
11298+15 collected if a levy is imposed under this chapter;
11299+16 (2) the specific purposes for which the revenue collected from a
11300+17 levy imposed under this chapter will be used;
11301+18 (3) an estimate of the annual dollar amounts that will be expended
11302+19 for each purpose described in subdivision (2); and
11303+20 (4) for a resolution for a referendum that is adopted after May 10,
11304+21 2023, for a county described in section 21(a) section 21 or 22 of
11305+22 this chapter, the projected revenue that shall be distributed to
11306+23 charter schools. as provided in subsections (f) and (i). The
11307+24 revenue spending plan shall also take into consideration
11308+25 deviations in the proposed revenue spending plan if the actual
11309+26 charter school distributions exceed or are lower than the projected
11310+27 charter school distributions described in subsection (f). (e). The
11311+28 resolution shall include for each charter school that elects to
11312+29 participate under subsection (i) (h) information described in
11313+30 subdivisions (1) through (3).
11314+31 (h) (g) A school corporation shall specify in its proposed budget the
11315+32 school corporation's revenue spending plan adopted under subsection
11316+33 (g) (f) and annually present the revenue spending plan at its public
11317+34 hearing on the proposed budget under IC 6-1.1-17-3.
11318+35 (i) This subsection applies to a resolution described in subsection
11319+36 (a) for a county described in section 21(a) of this chapter that is
11320+37 adopted after May 10, 2023. At least forty-five (45) days before the
11321+38 resolution described in subsection (a) is voted on by the governing
11322+39 body, the school corporation shall contact each charter school,
11323+40 excluding virtual charter schools or adult high schools, disclosed by the
11324+41 department to the school corporation under subsection (f) to determine
11325+42 whether the charter school will participate in the referendum. The
11326+ES 1—LS 7244/DI 120 261
11327+1 notice must include the total amount of the school corporation's
11328+2 expected need, the corresponding estimate for that amount divided by
11329+3 the number of students enrolled in the school corporation, and the date
11330+4 on which the governing body of the school corporation will vote on the
11331+5 resolution. The charter school must respond in writing to the school
11332+6 corporation, which may be by electronic mail addressed to the
11333+7 superintendent of the school corporation, at least fifteen (15) days
11334+8 prior to the date that the resolution described in subsection (a) is to be
11335+9 voted on by the governing body. If the charter school elects to not
11336+10 participate in the referendum, the school corporation may exclude
11337+11 distributions to the charter school under section 21 of this chapter and
11338+12 from the projection described in subsection (f). If the charter school
11339+13 elects to participate in the referendum, the charter school may receive
11340+14 distributions under section 21 of this chapter and must be included in
11341+15 the projection described in subsection (f). In addition, a charter school
11342+16 that elects to participate in the referendum under this subsection shall
11343+17 contribute a proportionate share of the cost to conduct the referendum
11344+18 based on the total combined ADM of the school corporation and any
11345+19 participating charter schools.
11346+20 (h) This subsection applies to a resolution described in section
11347+21 21 or 22 of this chapter. Except as provided in subsection (e), not
11348+22 later than forty-five (45) days before the resolution is voted on by
11349+23 the governing body, the school corporation shall contact each
11350+24 charter school disclosed by the department to the school
11351+25 corporation under subsection (e) to determine whether the charter
11352+26 school will:
11353+27 (1) in the case of a resolution described in section 21 of this
11354+28 chapter, elect to participate; or
11355+29 (2) in the case of a resolution described in section 22 of this
11356+30 chapter, elect to not participate;
11357+31 in the referendum. The notice must include the total amount of the
11358+32 school corporation's expected need, the corresponding estimate for
11359+33 that amount divided by the number of students enrolled in the
11360+34 school corporation, and the date on which the governing body of
11361+35 the school corporation will vote on the resolution. Not later than
11362+36 thirty (30) days prior to the date that the resolution is to be voted
11363+37 on by the governing body, the charter school must respond in
11364+38 writing to the school corporation and to the department, which
11365+39 may be by electronic mail, and, in the case of the school
11366+40 corporation, addressed to the superintendent of the school
11367+41 corporation. A charter school that elects to not participate in the
11368+42 referendum may not subsequently change that election during the
11369+ES 1—LS 7244/DI 120 262
11370+1 term of the referendum.
11371+2 (i) If a charter school will not participate in the referendum, the
11372+3 school corporation shall exclude distributions to the charter school
11373+4 under this chapter and from the projection described in subsection
11374+5 (e). If a charter school will participate in the referendum, the
11375+6 charter school:
11376+7 (1) must be included in the projection described in subsection
11377+8 (e); and
11378+9 (2) shall contribute a proportionate share of the cost to
11379+10 conduct the referendum based on the total combined ADM of
11380+11 the school corporation and any participating charter schools.
11381+12 (j) This subsection applies to a resolution described in subsection
11382+13 (a) for a county described in section 21(a) section 21 or 22 of this
11383+14 chapter. that is adopted after May 10, 2023. At least thirty (30) days
11384+15 before the resolution described in subsection (a) referendum submitted
11385+16 to the voters under this chapter is voted on by the governing body,
11386+17 public in a primary or general election, the school corporation that is
11387+18 pursuing the resolution referendum and any charter school that has
11388+19 elected to will participate under subsection (i) (h) shall post a
11389+20 referendum disclosure statement on each school's respective website
11390+21 that contains the following information:
11391+22 (1) The salaries of all employees employed by position within the
11392+23 school corporation or charter school listed from highest salary to
11393+24 lowest salary and a link to Gateway Indiana for access to
11394+25 individual salaries.
11395+26 (2) An acknowledgment that the school corporation or charter
11396+27 school is not committing any crime described in IC 35-44.1-1.
11397+28 (3) A link to the school corporation's or charter school's most
11398+29 recent state board of accounts audit on the state board of accounts'
11399+30 website.
11400+31 (4) The current enrollment of the school corporation or charter
11401+32 school disaggregated by student group and race.
11402+33 (5) The school corporation's or charter school's high school
11403+34 graduation rate.
11404+35 (6) The school corporation's or charter school's annual retention
11405+36 rate for teachers for the previous five (5) years.
11406+37 (k) Not later than July 15, 2025, the department of education
11407+38 shall prescribe the manner in which a projection described in
11408+39 subsection (e) shall be calculated.
11409+40 (l) A charter school that begins operations after a resolution
11410+41 under this section or section 8.5 of this chapter is voted on by the
11411+42 governing body for a particular referendum may not receive an
11412+ES 1—LS 7244/DI 120 263
11413+1 option to elect to participate in that referendum during the term of
11414+2 that referendum.
11415+3 SECTION 216. IC 20-46-1-8.5, AS AMENDED BY P.L.189-2023,
11416+4 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11417+5 JULY 1, 2025]: Sec. 8.5. (a) A resolution to extend a referendum levy
11418+6 must be:
11419+7 (1) adopted by the governing body of a school corporation; and
11420+8 (2) approved in a referendum under this chapter;
11421+9 before December 31 of the final calendar year in which the school
11422+10 corporation's previously approved referendum levy is imposed under
11423+11 this chapter.
11424+12 (b) For a resolution described in section 21 or 22 of this chapter
11425+13 that is adopted under this section, after May 10, 2023, for a county
11426+14 described in section 21(a) of this chapter, the resolution must include
11427+15 the projected charter school distributions described in section 8(f) 8(e)
11428+16 of this chapter and indicate the distributions to applicable charter
11429+17 schools in accordance with section 21 of this chapter.
11430+18 SECTION 217. IC 20-46-1-10, AS AMENDED BY P.L.189-2023,
11431+19 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11432+20 JULY 1, 2025]: Sec. 10. (a) This section does not apply to a
11433+21 referendum on a resolution certified to the department of local
11434+22 government finance after March 15, 2016, to extend a referendum levy.
11435+23 (b) The question to be submitted to the voters in the referendum
11436+24 must read as follows:
11437+25 "Shall the school corporation increase property taxes paid to
11438+26 schools by homeowners and businesses for _____ (insert number
11439+27 of years) years immediately following the holding of the
11440+28 referendum for the purpose of funding ______ (insert short
11441+29 description of purposes)? If this public question is approved by
11442+30 the voters, the average property tax paid to schools per year on a
11443+31 residence would increase by ______% (insert the estimated
11444+32 average percentage of property tax increase paid to schools on a
11445+33 residence within the school corporation as determined under
11446+34 subsection (c)) and the average property tax paid to schools per
11447+35 year on a business property would increase by ______% (insert
11448+36 the estimated average percentage of property tax increase paid to
11449+37 schools on a business property within the school corporation as
11450+38 determined under subsection (d)). The most recent property tax
11451+39 referendum proposed by the school corporation was held in
11452+40 ______ (insert year) and ________ (insert whether the measure
11453+41 passed or failed).".
11454+42 "Shall ________ (insert the name of the school corporation)
11455+ES 1—LS 7244/DI 120 264
11456+1 increase property taxes paid to the school corporation for no
11457+2 more than ______ (insert the number of years immediately
11458+3 following the holding of the referendum) years for the
11459+4 purpose of funding _______ (insert a brief description of the
11460+5 purposes) by imposing a property tax rate that does not
11461+6 exceed ______ (insert property tax rate) and results in a
11462+7 maximum annual amount that does not exceed ______ (insert
11463+8 maximum amount of annual levy). If this operating
11464+9 referendum public question is approved by the voters, for a
11465+10 median residence of ______ (insert the school corporation's
11466+11 median household assessed value, rounded up to the next fifty
11467+12 thousand dollars ($50,000)), the property's annual property
11468+13 tax bill would increase by ______ (insert dollar amount,
11469+14 rounded up to the next whole dollar) per year. (If, in the
11470+15 previous five (5) years, the school corporation has conducted
11471+16 an operating referendum public question, the following shall
11472+17 also be included in the ballot language.) The most recent
11473+18 operating referendum public question proposed by the school
11474+19 corporation was held in ______ (insert year) and ______
11475+20 (insert whether the measure passed or failed).".
11476+21 (c) At the request of the governing body of a school corporation that
11477+22 proposes to impose property taxes under this chapter, the county
11478+23 auditor of the county in which the school corporation is located shall
11479+24 determine the estimated average percentage of property tax increase on
11480+25 a homestead to be paid to schools that must be included in the public
11481+26 question under subsection (b) as follows:
11482+27 STEP ONE: Determine the average assessed value of a homestead
11483+28 located within the school corporation.
11484+29 STEP TWO: For purposes of determining the net assessed value
11485+30 of the average homestead located within the school corporation,
11486+31 subtract:
11487+32 (A) an amount for the homestead standard deduction under
11488+33 IC 6-1.1-12-37 as if the homestead described in STEP ONE
11489+34 was eligible for the deduction; and
11490+35 (B) an amount for the supplemental homestead deduction
11491+36 under IC 6-1.1-12-37.5 as if the homestead described in STEP
11492+37 ONE was eligible for the deduction;
11493+38 from the result of STEP ONE.
11494+39 STEP THREE: Divide the result of STEP TWO by one hundred
11495+40 (100).
11496+41 STEP FOUR: Determine the overall average tax rate per one
11497+42 hundred dollars ($100) of assessed valuation for the current year
11498+ES 1—LS 7244/DI 120 265
11499+1 imposed on property located within the school corporation.
11500+2 STEP FIVE: For purposes of determining net property tax liability
11501+3 of the average homestead located within the school corporation:
11502+4 (A) multiply the result of STEP THREE by the result of STEP
11503+5 FOUR; and
11504+6 (B) as appropriate, apply any currently applicable county
11505+7 property tax credit rates and the credit for excessive property
11506+8 taxes under IC 6-1.1-20.6-7.5(a)(1).
11507+9 STEP SIX: Determine the amount of the school corporation's part
11508+10 of the result determined in STEP FIVE.
11509+11 STEP SEVEN: Multiply:
11510+12 (A) the tax rate that will be imposed if the public question is
11511+13 approved by the voters; by
11512+14 (B) the result of STEP THREE.
11513+15 STEP EIGHT: Divide the result of STEP SEVEN by the result of
11514+16 STEP SIX, expressed as a percentage.
11515+17 (d) At the request of the governing body of a school corporation that
11516+18 proposes to impose property taxes under this chapter, the county
11517+19 auditor of the county in which the school corporation is located shall
11518+20 determine the estimated average percentage of property tax increase on
11519+21 a business property to be paid to schools that must be included in the
11520+22 public question under subsection (b) as follows:
11521+23 STEP ONE: Determine the average assessed value of business
11522+24 property located within the school corporation.
11523+25 STEP TWO: Divide the result of STEP ONE by one hundred
11524+26 (100).
11525+27 STEP THREE: Determine the overall average tax rate per one
11526+28 hundred dollars ($100) of assessed valuation for the current year
11527+29 imposed on property located within the school corporation.
11528+30 STEP FOUR: For purposes of determining net property tax
11529+31 liability of the average business property located within the school
11530+32 corporation:
11531+33 (A) multiply the result of STEP TWO by the result of STEP
11532+34 THREE; and
11533+35 (B) as appropriate, apply any currently applicable county
11534+36 property tax credit rates and the credit for excessive property
11535+37 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
11536+38 was three percent (3%).
11537+39 STEP FIVE: Determine the amount of the school corporation's
11538+40 part of the result determined in STEP FOUR.
11539+41 STEP SIX: Multiply:
11540+42 (A) the result of STEP TWO; by
11541+ES 1—LS 7244/DI 120 266
11542+1 (B) the tax rate that will be imposed if the public question is
11543+2 approved by the voters.
11544+3 STEP SEVEN: Divide the result of STEP SIX by the result of
11545+4 STEP FIVE, expressed as a percentage.
11546+5 (e) The county auditor shall certify the estimated average percentage
11547+6 of property tax increase on a homestead to be paid to schools
11548+7 determined under subsection (c), and the estimated average percentage
11549+8 of property tax increase on a business property to be paid to schools
11550+9 determined under subsection (d), in a manner prescribed by the
11551+10 department of local government finance, and provide the certification
11552+11 to the governing body of the school corporation that proposes to impose
11553+12 property taxes.
11554+13 SECTION 218. IC 20-46-1-10.1, AS AMENDED BY P.L.236-2023,
11555+14 SECTION 154, IS AMENDED TO READ AS FOLLOWS
11556+15 [EFFECTIVE JULY 1, 2025]: Sec. 10.1. (a) This section applies only
11557+16 to a referendum to allow a school corporation to extend a referendum
11558+17 levy.
11559+18 (b) The question to be submitted to the voters in the referendum
11560+19 must read as follows:
11561+20 "Shall the school corporation continue to impose increased
11562+21 property taxes paid to the school corporation by homeowners and
11563+22 businesses for _____ (insert number of years) years immediately
11564+23 following the holding of the referendum for the purpose of
11565+24 funding ______ (insert short description of purposes)? The
11566+25 property tax increase requested in this referendum was originally
11567+26 approved by the voters in _______ (insert the year in which the
11568+27 referendum tax levy was approved) and if extended will increase
11569+28 the average property tax paid to the school corporation per year on
11570+29 a residence within the school corporation by ______% (insert the
11571+30 estimated average percentage of property tax increase on a
11572+31 residence within the school corporation) and if extended will
11573+32 increase the average property tax paid to the school corporation
11574+33 per year on a business property within the school corporation by
11575+34 ______% (insert the estimated average percentage of property tax
11576+35 increase on a business within the school corporation).".
11577+36 "Shall _______ (insert the name of the school corporation)
11578+37 continue to increase property taxes paid to the school
11579+38 corporation for no more than _____ (insert the number of
11580+39 years immediately following the holding of the referendum)
11581+40 years for the purpose of funding _____________ (insert brief
11582+41 description of the purposes) by imposing a property tax rate
11583+42 that does not exceed ______ (insert property tax rate) and
11584+ES 1—LS 7244/DI 120 267
11585+1 results in a maximum annual amount that does not exceed
11586+2 ______ (insert maximum amount of annual levy). If this
11587+3 operating referendum public question is NOT approved by
11588+4 the voters, for a median residence of __________ (insert the
11589+5 school corporation's median household assessed value,
11590+6 rounded up to the next fifty thousand dollars ($50,000)), the
11591+7 property's annual tax bill would decrease by ______ (insert
11592+8 dollar amount, rounded up to the next whole dollar) per year.
11593+9 If this operating referendum public question is approved by
11594+10 the voters, it would be a renewal of the most recent operating
11595+11 referendum public question passed in ______ (insert year the
11596+12 original operating referendum public question passed) with a
11597+13 property tax rate of ______ (insert property tax rate of the
11598+14 original operating referendum public question).".
11599+15 (c) The number of years for which a referendum tax levy may be
11600+16 extended if the public question under this section is approved may not
11601+17 exceed eight (8) years.
11602+18 (d) At the request of the governing body of a school corporation that
11603+19 proposes to impose property taxes under this chapter, the county
11604+20 auditor of the county in which the school corporation is located shall
11605+21 determine the estimated average percentage of property tax increase on
11606+22 a homestead to be paid to the school corporation that must be included
11607+23 in the public question under subsection (b) as follows:
11608+24 STEP ONE: Determine the average assessed value of a homestead
11609+25 located within the school corporation.
11610+26 STEP TWO: For purposes of determining the net assessed value
11611+27 of the average homestead located within the school corporation,
11612+28 subtract:
11613+29 (A) an amount for the homestead standard deduction under
11614+30 IC 6-1.1-12-37 as if the homestead described in STEP ONE
11615+31 was eligible for the deduction; and
11616+32 (B) an amount for the supplemental homestead deduction
11617+33 under IC 6-1.1-12-37.5 as if the homestead described in STEP
11618+34 ONE was eligible for the deduction;
11619+35 from the result of STEP ONE.
11620+36 STEP THREE: Divide the result of STEP TWO by one hundred
11621+37 (100).
11622+38 STEP FOUR: Determine the overall average tax rate per one
11623+39 hundred dollars ($100) of assessed valuation for the current year
11624+40 imposed on property located within the school corporation.
11625+41 STEP FIVE: For purposes of determining net property tax liability
11626+42 of the average homestead located within the school corporation:
11627+ES 1—LS 7244/DI 120 268
11628+1 (A) multiply the result of STEP THREE by the result of STEP
11629+2 FOUR; and
11630+3 (B) as appropriate, apply any currently applicable county
11631+4 property tax credit rates and the credit for excessive property
11632+5 taxes under IC 6-1.1-20.6-7.5(a)(1).
11633+6 STEP SIX: Determine the amount of the school corporation's part
11634+7 of the result determined in STEP FIVE.
11635+8 STEP SEVEN: Multiply:
11636+9 (A) the tax rate that will be imposed if the public question is
11637+10 approved by the voters; by
11638+11 (B) the result of STEP THREE.
11639+12 STEP EIGHT: Divide the result of STEP SEVEN by the result of
11640+13 STEP SIX, expressed as a percentage.
11641+14 (e) At the request of the governing body of a school corporation that
11642+15 proposes to impose property taxes under this chapter, the county
11643+16 auditor of the county in which the school corporation is located shall
11644+17 determine the estimated average percentage of property tax increase on
11645+18 a business property to be paid to the school corporation that must be
11646+19 included in the public question under subsection (b) as follows:
11647+20 STEP ONE: Determine the average assessed value of business
11648+21 property located within the school corporation.
11649+22 STEP TWO: Divide the result of STEP ONE by one hundred
11650+23 (100).
11651+24 STEP THREE: Determine the overall average tax rate per one
11652+25 hundred dollars ($100) of assessed valuation for the current year
11653+26 imposed on property located within the school corporation.
11654+27 STEP FOUR: For purposes of determining net property tax
11655+28 liability of the average business property located within the school
11656+29 corporation:
11657+30 (A) multiply the result of STEP TWO by the result of STEP
11658+31 THREE; and
11659+32 (B) as appropriate, apply any currently applicable county
11660+33 property tax credit rates and the credit for excessive property
11661+34 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
11662+35 was three percent (3%).
11663+36 STEP FIVE: Determine the amount of the school corporation's
11664+37 part of the result determined in STEP FOUR.
11665+38 STEP SIX: Multiply:
11666+39 (A) the result of STEP TWO; by
11667+40 (B) the tax rate that will be imposed if the public question is
11668+41 approved by the voters.
11669+42 STEP SEVEN: Divide the result of STEP SIX by the result of
11670+ES 1—LS 7244/DI 120 269
11671+1 STEP FIVE, expressed as a percentage.
11672+2 (f) The county auditor shall certify the estimated average percentage
11673+3 of property tax increase on a homestead to be paid to the school
11674+4 corporation determined under subsection (d), and the estimated average
11675+5 percentage of property tax increase on a business property to be paid
11676+6 to the school corporation determined under subsection (e), in a manner
11677+7 prescribed by the department of local government finance, and provide
11678+8 the certification to the governing body of the school corporation that
11679+9 proposes to impose property taxes.
11680+10 SECTION 219. IC 20-46-1-10.3 IS ADDED TO THE INDIANA
11681+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
11682+12 [EFFECTIVE JULY 1, 2025]: Sec. 10.3. Each year, the county
11683+13 auditor, with cooperation from the department of local
11684+14 government finance, shall determine the tax rate needed to raise
11685+15 the maximum amount of the annual levy for the year as described
11686+16 under section 10 or 10.1 of this chapter, as applicable, and shall
11687+17 determine all other information needed for the ballot language in
11688+18 those sections.
11689+19 SECTION 220. IC 20-46-1-14, AS AMENDED BY P.L.227-2023,
11690+20 SECTION 135, IS AMENDED TO READ AS FOLLOWS
11691+21 [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) The referendum shall be
11692+22 held in the next primary election general election, or municipal election
11693+23 as provided under IC 3-10-9-3(b), in which all the registered voters
11694+24 who are residents of the appellant school corporation are entitled to
11695+25 vote after certification of the question. under IC 3-10-9-3. The
11696+26 certification of the question must occur not later than noon
11697+27 (1) seventy-four (74) days before a primary election if the
11698+28 question is to be placed on the primary or municipal primary
11699+29 election ballot; or
11700+30 (2) August 1. if the question is to be placed on the general or
11701+31 municipal election ballot.
11702+32 (b) However, if a primary election, general election, or municipal
11703+33 election will not be held during the first year in which the public
11704+34 question is eligible to be placed on the ballot under this chapter and if
11705+35 the appellant school corporation requests the public question to be
11706+36 placed on the ballot at a special election, the public question shall be
11707+37 placed on the ballot at a special election to be held on the first Tuesday
11708+38 after the first Monday in May or November of the year. The
11709+39 certification must occur not later than noon:
11710+40 (1) seventy-four (74) days before a special election to be held in
11711+41 May (if the special election is to be held in May); or
11712+42 (2) on August 1 (if the special election is to be held in
11713+ES 1—LS 7244/DI 120 270
11714+1 November).
11715+2 (c) If the referendum is not conducted at a primary election, general
11716+3 election, or municipal election, the appellant school corporation in
11717+4 which the referendum is to be held shall pay all the costs of holding the
11718+5 referendum.
11719+6 SECTION 221. IC 20-46-1-21, AS ADDED BY P.L.189-2023,
11720+7 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11721+8 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 21. (a) This section:
11722+9 (1) except as provided in subdivision (2), applies to revenue
11723+10 received from a resolution that is approved by the governing body
11724+11 to impose a referendum levy under section 8 or 8.5 of this chapter
11725+12 after May 10, 2023, for a school corporation located in:
11726+13 (1) (A) Lake County;
11727+14 (2) (B) Marion County;
11728+15 (3) (C) St. Joseph County; or
11729+16 (4) (D) Vanderburgh County;
11730+17 through the full term of the referendum levy; and
11731+18 (2) does not apply to revenue received from a referendum levy
11732+19 if:
11733+20 (A) the governing body of the school corporation approves
11734+21 the referendum levy in a resolution adopted under section
11735+22 8 or 8.5 of this chapter; and
11736+23 (B) the referendum levy is imposed for the first time with
11737+24 property taxes first due and payable in a calendar year
11738+25 beginning after December 31, 2027.
11739+26 (b) Subject to subsections (f) and (h), the county auditor in the
11740+27 county in which the school corporation is located shall distribute an
11741+28 amount of revenue as provided under subsection (d) (e) from the
11742+29 revenue collected from a tax levy imposed under this chapter by a
11743+30 school corporation that is attributable to the territory of the school
11744+31 corporation that is located within the boundaries of a county listed
11745+32 in subsection (a)(1) to each charter school, excluding virtual charter
11746+33 schools or adult high schools, that a student who resides within the
11747+34 attendance area of the school corporation attends if the charter school
11748+35 elects to participate in the referendum under section 8(i) 8(h) of this
11749+36 chapter.
11750+37 (c) The department shall provide the county auditor with data and
11751+38 information necessary for the county auditor to determine:
11752+39 (1) which charter schools are eligible to receive a distribution
11753+40 under this section; and
11754+41 (2) the number of students who:
11755+42 (A) reside within the attendance area of the school corporation
11756+ES 1—LS 7244/DI 120 271
11757+1 who are included in the ADM for each charter school,
11758+2 excluding virtual charter schools or adult high schools,
11759+3 described in subdivision (1); and
11760+4 (B) receive not more than fifty percent (50%) virtual
11761+5 instruction.
11762+6 (c) (d) The following schools are not eligible to receive a
11763+7 distribution under this section:
11764+8 (1) A virtual charter school.
11765+9 (2) An adult high school.
11766+10 (d) (e) For the purposes of the calculations made in this subsection,
11767+11 each eligible school that has entered into an agreement with a school
11768+12 corporation to participate as a participating innovation network charter
11769+13 school under IC 20-25.7-5 is considered to have an ADM that is
11770+14 separate from the school corporation. The amount that the county
11771+15 auditor shall distribute to a charter school, excluding virtual charter
11772+16 schools or adult high schools, under this section is the amount
11773+17 determined in the last STEP of the following STEPS:
11774+18 STEP ONE: Determine, for each charter school, excluding virtual
11775+19 charter schools or adult high schools, that is eligible to receive a
11776+20 distribution under this section, the number of students who reside
11777+21 within the attendance area of the school corporation who are
11778+22 currently included in the ADM of the charter school and receive
11779+23 not more than fifty percent (50%) virtual instruction.
11780+24 STEP TWO: Determine the sum of:
11781+25 (A) the current ADM count for the school corporation; plus
11782+26 (B) total number of all students who reside within the
11783+27 attendance area of the school corporation who are currently
11784+28 included in the ADM of a charter school, and receive not
11785+29 more than fifty percent (50%) virtual instruction,
11786+30 excluding virtual charter schools or adult high schools.
11787+31 STEP THREE: Determine the result of:
11788+32 (A) the STEP ONE amount; divided by
11789+33 (B) the STEP TWO amount.
11790+34 STEP FOUR: Determine the result of:
11791+35 (A) the sum of:
11792+36 (i) the STEP THREE amount; plus
11793+37 (ii) any amount withheld in the previous year under
11794+38 subsection (i); multiplied by
11795+39 (B) the amount collected by the county auditor during the most
11796+40 recent installment period that is attributable to the territory
11797+41 of the school corporation that is located within the
11798+42 boundaries of a county listed in subsection (a).
11799+ES 1—LS 7244/DI 120 272
11800+1 (f) A charter school is not eligible for a distribution under this
11801+2 section from property tax revenue collected from a particular
11802+3 referendum levy if the charter school does not have a certified fall
11803+4 ADM count in the calendar year immediately preceding the
11804+5 calendar year in which the public question for the referendum
11805+6 appears on the ballot.
11806+7 (g) Not later than August 15, 2025, and not later than August 15
11807+8 of each calendar year thereafter, the department shall provide to
11808+9 each school corporation and eligible charter school an estimate of
11809+10 the amount of property tax levy revenue the school corporation
11810+11 and charter school are expected to receive under this section in the
11811+12 subsequent calendar year based on the most recent fall ADM
11812+13 count.
11813+14 (h) This subsection applies beginning with distributions of
11814+15 property tax revenue under this section in 2026 and thereafter. In
11815+16 order to receive a distribution under this section, the governing
11816+17 body of a charter school shall, not later than October 15, 2025, and
11817+18 not later than October 15 of each calendar year thereafter, adopt
11818+19 a budget for the current school year. Not later than ten (10) days
11819+20 before its adoption, the budget must be fixed and presented to the
11820+21 charter board in a public meeting in the county in which the
11821+22 charter school is incorporated. Not later than November 1, 2025,
11822+23 and not later than November 1 of each calendar year thereafter,
11823+24 the governing body of the charter school shall submit:
11824+25 (1) the budget that is adopted under this subsection;
11825+26 (2) the dates on which each requirement under this subsection
11826+27 were met; and
11827+28 (3) a statement from the governing body of the charter school
11828+29 attesting that the dates provided in subdivision (2) are true
11829+30 and accurate and that the budget was properly adopted under
11830+31 this subsection;
11831+32 to the charter authorizer for review and to the department of local
11832+33 government finance to be posted publicly on the computer gateway
11833+34 under IC 6-1.1-17-3.
11834+35 (i) If a charter school does not satisfy the requirements of
11835+36 subsection (h) to receive distributions under this section during a
11836+37 calendar year, as determined by the department of local
11837+38 government finance, the charter school may not receive a
11838+39 distribution of property tax revenue in that calendar year and the
11839+40 county auditor shall withhold the charter school's distribution
11840+41 amount. The department of local government finance's
11841+42 determination of compliance consists only of a confirmation that
11842+ES 1—LS 7244/DI 120 273
11843+1 the adopted budget and attestation statement are submitted not
11844+2 later than the applicable date under subsection (h). Any
11845+3 distribution amount withheld under this subsection shall be:
11846+4 (1) added to the property tax revenue collections as described
11847+5 in STEP TWO of subsection (e); and
11848+6 (2) distributed among the school corporation and remaining
11849+7 charter schools according to subsection (e);
11850+8 in the calendar year that immediately follows the calendar year in
11851+9 which the distribution amount was withheld.
11852+10 SECTION 222. IC 20-46-1-22 IS ADDED TO THE INDIANA
11853+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
11854+12 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) This section applies to
11855+13 revenue received from a referendum levy if both of the following
11856+14 apply:
11857+15 (1) The:
11858+16 (A) governing body of the school corporation approves the
11859+17 referendum levy in a resolution adopted under section 8 or
11860+18 8.5 of this chapter; and
11861+19 (B) resulting referendum levy is imposed for the first time
11862+20 with property taxes first due and payable in a calendar
11863+21 year beginning after December 31, 2027.
11864+22 (2) The number of students who have legal settlement in the
11865+23 school corporation but attend a charter school, excluding
11866+24 virtual charter schools and adult high schools, and receive not
11867+25 more than fifty percent (50%) virtual instruction is at least
11868+26 the greater of:
11869+27 (A) one hundred (100) students; or
11870+28 (B) two percent (2%) of the school corporation's spring
11871+29 ADM count, excluding students who receive more than
11872+30 fifty percent (50%) virtual instruction.
11873+31 (b) As used in this section, "eligible charter school" means a
11874+32 charter school attended by a student who:
11875+33 (1) has legal settlement in a school corporation that imposes
11876+34 a referendum levy under this chapter; and
11877+35 (2) receives not more than fifty percent (50%) virtual
11878+36 instruction.
11879+37 However, the term does not include a virtual charter school or an
11880+38 adult high school.
11881+39 (c) The following schools are not eligible to receive, and may not
11882+40 be considered in a calculation made for purposes of, a distribution
11883+41 under this section:
11884+42 (1) A virtual charter school.
11885+ES 1—LS 7244/DI 120 274
11886+1 (2) An adult high school.
11887+2 (d) Subject to subsections (j) and (l), the county auditor in the
11888+3 county in which the school corporation is located shall distribute
11889+4 to each eligible charter school, in the manner provided under this
11890+5 section, an amount of revenue received from a tax levy imposed by
11891+6 a school corporation under this chapter unless the charter school
11892+7 elects to not participate in the referendum under section 8(h) of
11893+8 this chapter.
11894+9 (e) For the purposes of the calculations made in this section,
11895+10 each eligible charter school that has entered into an agreement
11896+11 with a school corporation to participate as a participating
11897+12 innovation network charter school under IC 20-25.7-5 is
11898+13 considered to have an ADM that is separate from the school
11899+14 corporation.
11900+15 (f) Not later than January 1, 2028, and not later than January
11901+16 1 of each year thereafter, the department, in consultation with the
11902+17 department of local government finance, shall determine, for each
11903+18 school corporation, the corresponding percentages of revenue
11904+19 received from the tax levy that must be distributed among the
11905+20 school corporation and each eligible charter school according to
11906+21 the following formula:
11907+22 STEP ONE: Determine, for each eligible charter school, the
11908+23 number of students who:
11909+24 (A) have legal settlement within the school corporation;
11910+25 (B) are currently included in the fall ADM count for the
11911+26 charter school; and
11912+27 (C) receive not more than fifty percent (50%) virtual
11913+28 instruction.
11914+29 STEP TWO: Determine the sum of:
11915+30 (A) the aggregate of the STEP ONE results for all eligible
11916+31 charter schools with respect to the school corporation; plus
11917+32 (B) the fall ADM count for the school corporation for
11918+33 students receiving not more than fifty percent (50%)
11919+34 virtual instruction.
11920+35 STEP THREE: For each eligible charter school, determine the
11921+36 result of:
11922+37 (A) the applicable STEP ONE amount; divided by
11923+38 (B) the STEP TWO amount;
11924+39 expressed as a percentage.
11925+40 STEP FOUR: Determine the sum of all the amounts computed
11926+41 under STEP THREE and subtract the result from one
11927+42 hundred percent (100%).
11928+ES 1—LS 7244/DI 120 275
11929+1 (g) The department shall provide to the county auditor,
11930+2 immediately after calculation under subsection (g):
11931+3 (1) each eligible charter school and the eligible charter
11932+4 school's corresponding percentage calculated under STEP
11933+5 THREE of subsection (f); and
11934+6 (2) the percentage calculated under STEP FOUR of
11935+7 subsection (f) for the school corporation.
11936+8 (h) Subject to subsections (k) and (m), when the county auditor
11937+9 distributes property tax revenue, the county auditor shall
11938+10 distribute to the school corporation and each eligible charter
11939+11 school the amount determined in the last STEP of the following
11940+12 STEPS:
11941+13 STEP ONE: Determine the amount collected in the most
11942+14 recent installment period by the school corporation from the
11943+15 school corporation's referendum levy imposed under this
11944+16 chapter.
11945+17 STEP TWO: To determine the distribution for the school
11946+18 corporation and each eligible charter school, determine the
11947+19 result of:
11948+20 (A) the sum of:
11949+21 (i) the STEP ONE result; plus
11950+22 (ii) any amount withheld in the previous year under
11951+23 subsection (k); multiplied by
11952+24 (B) the following percentage:
11953+25 (i) In the case of an eligible charter school, the charter
11954+26 school's percentage under STEP THREE of subsection
11955+27 (f).
11956+28 (ii) In the case of the school corporation, the school
11957+29 corporation's percentage under STEP FOUR of
11958+30 subsection (f).
11959+31 (i) Not later than August 15, 2027, and not later than August 15
11960+32 of each calendar year thereafter, the department shall provide to
11961+33 each school corporation and each eligible charter school an
11962+34 estimate of the amount of property tax levy revenue the school
11963+35 corporation and eligible charter school are expected to receive
11964+36 under this section in the subsequent calendar year based on the
11965+37 most recent fall ADM count.
11966+38 (j) This subsection applies beginning with distributions of
11967+39 property tax revenue under this section in 2028 and thereafter. In
11968+40 order to receive a distribution under this section, the governing
11969+41 body of an eligible charter school shall, not later than October 15,
11970+42 2027, and not later than October 15 of each calendar year
11971+ES 1—LS 7244/DI 120 276
11972+1 thereafter, adopt a budget for the current school year. Not later
11973+2 than ten (10) days before its adoption, the budget must be fixed and
11974+3 presented to the charter board in a public meeting in the county in
11975+4 which the eligible charter school is incorporated. Not later than
11976+5 November 1, 2027, and not later than November 1 of each calendar
11977+6 year thereafter, the governing body of the charter school shall
11978+7 submit:
11979+8 (1) the budget that is adopted under this subsection;
11980+9 (2) the dates on which each requirement under this subsection
11981+10 were met; and
11982+11 (3) a statement from the governing body of the charter school
11983+12 attesting that the dates provided in subdivision (2) are true
11984+13 and accurate and that the budget was properly adopted under
11985+14 this subsection;
11986+15 to the charter authorizer for review and to the department of local
11987+16 government finance to be posted publicly on the computer gateway
11988+17 under IC 6-1.1-17-3.
11989+18 (k) If an eligible charter school does not satisfy the requirements
11990+19 of subsection (j) to receive distributions under this section during
11991+20 a calendar year, as determined by the department of local
11992+21 government finance, the eligible charter school may not receive a
11993+22 distribution of property tax revenue in that calendar year and the
11994+23 county auditor shall withhold the eligible charter school's
11995+24 distribution amount. The department of local government finance's
11996+25 determination of compliance consists only of a confirmation that
11997+26 the adopted budget and attestation statement are submitted not
11998+27 later than the applicable date under subsection (j). Any
11999+28 distribution amount withheld under this subsection shall be:
12000+29 (1) added to the property tax revenue collections as described
12001+30 in STEP TWO of subsection (h); and
12002+31 (2) distributed among the school corporation and eligible
12003+32 charter schools according to subsection (h);
12004+33 in the calendar year that immediately follows the calendar year in
12005+34 which the distribution amount was withheld.
12006+35 (l) A charter school is not eligible for a distribution under this
12007+36 section from property tax revenue collected from a particular
12008+37 referendum levy if the charter school does not have a certified fall
12009+38 ADM count in the calendar year immediately preceding the
12010+39 calendar year in which the public question for the referendum
12011+40 appears on the ballot.
12012+41 SECTION 223. IC 20-46-8-1, AS AMENDED BY P.L.104-2022,
12013+42 SECTION 129, IS AMENDED TO READ AS FOLLOWS
12014+ES 1—LS 7244/DI 120 277
12015+1 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) A school corporation may
12016+2 impose an annual property tax levy for its operations fund.
12017+3 (b) For property taxes first due and payable in 2019, the maximum
12018+4 permissible property tax levy a school corporation may impose for its
12019+5 operations fund (IC 20-40-18) is the following:
12020+6 STEP ONE: Determine the sum of the following:
12021+7 (A) The 2018 maximum permissible transportation levy
12022+8 determined under IC 20-46-4 (repealed January 1, 2019).
12023+9 (B) The 2018 maximum permissible school bus replacement
12024+10 levy determined under IC 20-46-5 (repealed January 1, 2019).
12025+11 (C) The 2018 amount that would be raised from a capital
12026+12 projects fund tax rate equal to the sum of:
12027+13 (i) the maximum capital projects fund rate that the school
12028+14 corporation was authorized to impose for 2018 under
12029+15 IC 20-46-6 (repealed January 1, 2019), after any adjustment
12030+16 under IC 6-1.1-18-12 (but excluding any rate imposed for
12031+17 qualified utility and insurance costs); plus
12032+18 (ii) the capital projects fund rate imposed for qualified utility
12033+19 and insurance costs in 2018.
12034+20 (D) For school corporations described in IC 36-10-13-7, the
12035+21 2018 levy as provided in section 6 of this chapter (repealed
12036+22 January 1, 2019) to provide funding for an art association.
12037+23 (E) For a school corporation in a county having a population
12038+24 of more than two hundred fifty thousand (250,000) and less
12039+25 than three hundred thousand (300,000), the 2018 levy as
12040+26 provided in section 7 of this chapter (repealed January 1,
12041+27 2019) to provide funding for a historical society.
12042+28 (F) For a school corporation described in IC 36-10-14-1, the
12043+29 2018 levy as provided in section 8 of this chapter (repealed
12044+30 January 1, 2019) to provide funding for a public playground.
12045+31 STEP TWO: Determine the product of:
12046+32 (A) The amount determined in STEP ONE, after eliminating
12047+33 the effects of temporary excessive levy appeals and any other
12048+34 temporary adjustments made to each of these levies for 2018
12049+35 (regardless of whether the school corporation imposed the
12050+36 entire amount of that maximum permissible levy for the
12051+37 previous year); multiplied by
12052+38 (B) the maximum levy growth quotient determined under
12053+39 IC 6-1.1-18.5-2.
12054+40 STEP THREE: Determine the result of the following:
12055+41 (A) Determine the sum of:
12056+42 (i) the amount determined in STEP TWO; plus
12057+ES 1—LS 7244/DI 120 278
12058+1 (ii) the amount granted due to an appeal to increase the levy
12059+2 for transportation for 2019.
12060+3 (B) Make the school bus replacement adjustment for 2019.
12061+4 (c) After 2019, the maximum permissible property tax levy a school
12062+5 corporation may impose for its operations fund for a particular year is
12063+6 the following:
12064+7 STEP ONE: Determine the product of:
12065+8 (A) the maximum permissible property tax levy for the school
12066+9 corporation's operations fund for the previous year, after
12067+10 eliminating the effects of temporary excessive levy appeals
12068+11 and any other temporary adjustments made to the levy for the
12069+12 previous year (regardless of whether the school corporation
12070+13 imposed the entire amount of the maximum permissible levy
12071+14 for the previous year); multiplied by
12072+15 (B) the maximum levy growth quotient determined under
12073+16 IC 6-1.1-18.5-2.
12074+17 STEP TWO: Determine the result of the following:
12075+18 (A) Determine the sum of:
12076+19 (i) the amount determined in STEP ONE; plus
12077+20 (ii) the amount granted due to an appeal to increase the
12078+21 maximum permissible operations fund levy for the year
12079+22 under section 3 of this chapter for transportation (before its
12080+23 expiration).
12081+24 (B) Make the school bus replacement adjustment permitted by
12082+25 section 3 of this chapter.
12083+26 SECTION 224. IC 20-46-8-3, AS AMENDED BY P.L.156-2024,
12084+27 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12085+28 JULY 1, 2025]: Sec. 3. (a) This section applies to property tax levies
12086+29 imposed before January 1, 2026.
12087+30 (b) Subject to subsection (b), (c), a school corporation may appeal
12088+31 to the department of local government finance under IC 6-1.1-19 to
12089+32 increase the school corporation's maximum permissible operations fund
12090+33 levy. The appeal must be filed with the department of local government
12091+34 finance before October 20 of the year before the increase is proposed
12092+35 to take effect. To be granted an increase by the department of local
12093+36 government finance, the school corporation must establish that the
12094+37 increase is necessary because of either or both of the following:
12095+38 (1) A cost increase of at least ten percent (10%) over the
12096+39 preceding year for at least one (1) of the following:
12097+40 (A) A fuel expense increase.
12098+41 (B) A cost increase due to an increase in the number of
12099+42 students enrolled in the school corporation who need
12100+ES 1—LS 7244/DI 120 279
12101+1 transportation or an increase in the mileage traveled by the
12102+2 school corporation's buses compared with the previous year.
12103+3 (C) A cost increase due to an increase in the number of
12104+4 students enrolled in special education who need transportation
12105+5 or an increase in the mileage traveled by the school
12106+6 corporation's buses due to students enrolled in special
12107+7 education as compared with the previous year.
12108+8 (D) Increased transportation operating costs due to compliance
12109+9 with a court ordered desegregation plan.
12110+10 (E) A cost increase due to the closure of a school building
12111+11 within the school corporation that results in a significant
12112+12 increase in the distances that students must be transported to
12113+13 attend another school building.
12114+14 (F) A cost increase due to restructuring or redesigning
12115+15 transportation services due to a need for additional, expanded,
12116+16 consolidated, or modified routes.
12117+17 (G) A labor cost increase due to a labor shortage affecting the
12118+18 school corporation's ability to hire qualified transportation
12119+19 employees.
12120+20 To obtain the increase, the school corporation must establish that
12121+21 it will be unable to provide transportation services without an
12122+22 increase.
12123+23 (2) A cost increase associated with the school corporation's bus
12124+24 replacement plan adopted or amended under IC 20-40-18-9 (after
12125+25 December 31, 2018). To obtain the increase, the school
12126+26 corporation must show that the school corporation must incur
12127+27 reasonable and necessary expenses to acquire additional buses
12128+28 under the plan.
12129+29 The department of local government finance may grant a levy increase
12130+30 that is less than the increase requested by the school corporation. If the
12131+31 department of local government finance determines that a permanent
12132+32 increase in the maximum permissible levy is necessary, the increase
12133+33 granted under this section shall be added to the school corporation's
12134+34 maximum permissible operations fund levy as provided in section 1 of
12135+35 this chapter.
12136+36 (b) (c) This subsection applies to a school corporation whose budget
12137+37 for the upcoming year is subject to review by a fiscal body under
12138+38 IC 6-1.1-17-20. A school corporation described in this subsection may
12139+39 not submit an appeal under this section unless the school corporation
12140+40 receives approval from the fiscal body to submit the appeal.
12141+41 (d) This section expires December 31, 2026.
12142+42 SECTION 225. IC 20-46-8-11.2, AS AMENDED BY P.L.36-2024,
12143+ES 1—LS 7244/DI 120 280
12144+1 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12145+2 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 11.2. (a) This section
12146+3 applies only to revenue collected after June 30, 2024, and before
12147+4 January 1, 2028, from a tax levy imposed under this chapter by a
12148+5 school corporation located in:
12149+6 (1) Lake County;
12150+7 (2) Marion County;
12151+8 (3) St. Joseph County; or
12152+9 (4) Vanderburgh County.
12153+10 However, this section does not apply to, and distributions are not
12154+11 required for, a school corporation that is designated as a distressed
12155+12 political subdivision under IC 6-1.1-20.3.
12156+13 (b) Beginning In calendar year 2025, and each year thereafter, and
12157+14 subject to subsections (c), and (h), the county For distributions made
12158+15 in:
12159+16 (1) calendar year 2025, and subject to subsection (c); and
12160+17 (2) calendar years 2026 and 2027, and subject to subsections
12161+18 (c), (h), and (i);
12162+19 the county auditor shall distribute to each charter school that is
12163+20 eligible for a distribution under subsection (d), and as provided
12164+21 under subsection (f), an amount of revenue received from a tax levy
12165+22 imposed by a school corporation under this chapter to each charter
12166+23 school that is eligible for a distribution under subsection (d) and as set
12167+24 forth in subsection (f). that is attributable to the territory of the
12168+25 school corporation that is located within the boundaries of a county
12169+26 listed in subsection (a).
12170+27 (c) The following schools are not eligible to receive a distribution
12171+28 under this section:
12172+29 (1) A virtual charter school.
12173+30 (2) An adult high school.
12174+31 (d) Not later than thirty (30) days before the date that the county
12175+32 auditor distributes money for a school corporation's operations fund
12176+33 (IC 20-40-18) under IC 6-1.1-27, March 1, 2025, January 1, 2026,
12177+34 and January 1, 2027, the department, in consultation with the
12178+35 department of local government finance, shall determine the
12179+36 corresponding percentages of revenue received from the tax levy that
12180+37 are attributable to the territory of the school corporation that is
12181+38 located within the boundaries of a county listed in subsection (a)
12182+39 and must be distributed among the school corporation and each eligible
12183+40 charter school according to the following formula:
12184+41 STEP ONE: Determine each charter school that:
12185+42 (A) is located in the same county as the school corporation;
12186+ES 1—LS 7244/DI 120 281
12187+1 and
12188+2 (B) provides not more than fifty percent (50%) virtual
12189+3 instruction for its students.
12190+4 STEP TWO: Determine, for each charter school described in
12191+5 STEP ONE, the number of students who:
12192+6 (A) have legal settlement within the school corporation;
12193+7 (B) are currently included in the fall ADM for the charter
12194+8 school; and
12195+9 (C) receive not more than fifty percent (50%) virtual
12196+10 instruction.
12197+11 STEP THREE: Determine the sum of:
12198+12 (A) the aggregate of the STEP TWO results for all applicable
12199+13 charter schools; plus
12200+14 (B) the fall ADM count for the school corporation for students
12201+15 receiving not more than fifty percent (50%) virtual instruction.
12202+16 STEP FOUR: For each charter school described in STEP ONE,
12203+17 determine the result of:
12204+18 (A) the applicable STEP TWO amount; divided by
12205+19 (B) the STEP THREE amount;
12206+20 expressed as a percentage.
12207+21 STEP FIVE: Determine the sum of all the amounts computed
12208+22 under STEP FOUR and subtract the result from one hundred
12209+23 percent (100%).
12210+24 (e) The department shall provide to the county auditor, immediately
12211+25 after calculation under subsection (d): and in the form prescribed by the
12212+26 county auditor:
12213+27 (1) each charter school determined under STEP ONE of
12214+28 subsection (d) and the charter school's corresponding percentage
12215+29 calculated under STEP FOUR of subsection (d); and
12216+30 (2) the percentage calculated under STEP FIVE of subsection (d)
12217+31 for the school corporation.
12218+32 (f) Subject to subsection (i), the county auditor shall distribute to
12219+33 the school corporation and each applicable charter school the amount
12220+34 determined, for each settlement period described in IC 6-1.1-27-1,
12221+35 in the last STEP of the following STEPS:
12222+36 STEP ONE: For each school corporation, determine a base
12223+37 property tax levy amount calculated as:
12224+38 (A) the sum of the school corporation's operations fund
12225+39 property tax levies that are attributable to the territory of
12226+40 the school corporation that is located within the
12227+41 boundaries of a county listed in subsection (a) and collected
12228+42 under this chapter for the applicable settlement period as
12229+ES 1—LS 7244/DI 120 282
12230+1 described in IC 6-1.1-27-1 in calendar years 2021, 2022, and
12231+2 2023; divided by
12232+3 (B) three (3).
12233+4 STEP TWO: For each school corporation, determine an
12234+5 incremental property tax levy amount calculated as:
12235+6 (A) the school corporation's operations fund property tax levy
12236+7 collections that are attributable to the territory of the
12237+8 school corporation that is located within the boundaries of
12238+9 a county listed in subsection (a) for the applicable
12239+10 settlement period as described in IC 6-1.1-27-1 in the
12240+11 current calendar year; minus
12241+12 (B) the school corporation's base property tax levy collections
12242+13 determined for the applicable settlement period as
12243+14 described in IC 6-1.1-27-1 under STEP ONE.
12244+15 STEP THREE: For the school corporation and each applicable
12245+16 charter school, determine the result of:
12246+17 (A) the sum of:
12247+18 (i) the incremental amount determined under STEP TWO;
12248+19 plus
12249+20 (ii) any distribution amount withheld under subsection
12250+21 (i); multiplied by
12251+22 (B) the following percentage:
12252+23 (i) In the case of an applicable charter school, the charter
12253+24 school's percentage under STEP FOUR of subsection (d).
12254+25 (ii) In the case of the school corporation, the school
12255+26 corporation's percentage under STEP FIVE of subsection
12256+27 (d).
12257+28 (g) Before October 1, 2024, and before October 1 of each year
12258+29 thereafter, August 15, 2025, and August 15, 2026, the department
12259+30 shall provide to each school corporation and each eligible charter
12260+31 school an estimate of the amount of property tax levy revenue the
12261+32 school corporation and charter school are expected to receive under
12262+33 this section based on the most recent fall ADM count.
12263+34 (h) This subsection applies to distributions of property tax
12264+35 revenue under this section in 2026 and 2027. In order to receive a
12265+36 distribution under this section in 2026 and 2027, the governing body
12266+37 of an eligible charter school shall, before November 1, 2024, and
12267+38 before November 1 of each year thereafter, October 15, 2025, and
12268+39 October 15, 2026, adopt a budget for the current school year. Not
12269+40 later than ten (10) days before its adoption, the budget must be fixed
12270+41 and presented to the charter board in a public meeting in the county in
12271+42 which the charter school is incorporated. A budget that is adopted
12272+ES 1—LS 7244/DI 120 283
12273+1 under this subsection must be submitted to the charter authorizer for
12274+2 review and to the department of local government finance to be posted
12275+3 publicly on the computer gateway under IC 6-1.1-17-3 not later than:
12276+4 (1) to receive distributions in 2026, November 1, 2025; and
12277+5 (2) to receive distributions in 2027, November 1, 2026.
12278+6 In addition to the adopted budget, the governing body of the
12279+7 charter school shall also submit to the charter authorizer, and to
12280+8 the department of local government finance to be posted publicly
12281+9 on the computer gateway under IC 6-1.1-17-3, the dates on which
12282+10 each requirement under this subsection was met and a statement
12283+11 from the governing body of the charter school attesting that those
12284+12 dates are true and accurate and that the budget was properly
12285+13 adopted under this subsection.
12286+14 (i) Before April 1, 2025, and before April 1 of each year thereafter,
12287+15 the county auditor shall provide each school corporation and each
12288+16 eligible charter school the actual amount of property tax levy revenue
12289+17 the school corporation and charter school are expected to receive under
12290+18 this section.
12291+19 (i) This subsection applies to distributions of property tax
12292+20 revenue under this section in 2026 and 2027. If an eligible charter
12293+21 school does not satisfy the requirements of subsection (h) to receive
12294+22 distributions under this section during a calendar year, as
12295+23 determined by the department of local government finance, the
12296+24 charter school may not receive a distribution of property tax
12297+25 revenue in that calendar year and the county auditor shall
12298+26 withhold the charter school's distribution amount. The department
12299+27 of local government finance's determination of compliance consists
12300+28 only of a confirmation that the adopted budget and attestation
12301+29 statement are submitted not later than the applicable date under
12302+30 subsection (h). Any distribution amount that must be withheld
12303+31 from distribution to any particular charter school under this
12304+32 subsection in:
12305+33 (1) calendar year 2026 shall be added to the incremental
12306+34 amount as described in STEP TWO of subsection (f) and
12307+35 distributed among the school corporation and remaining
12308+36 charter schools according to subsection (f) in calendar year
12309+37 2027; and
12310+38 (2) calendar year 2027 shall be added to the incremental
12311+39 amount as described in STEP TWO of subsection (f) and
12312+40 distributed among the school corporation and remaining
12313+41 charter schools according to subsection (f) in calendar year
12314+42 2027.
12315+ES 1—LS 7244/DI 120 284
12316+1 SECTION 226. IC 20-46-8-12 IS ADDED TO THE INDIANA
12317+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
12318+3 [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) This section applies to
12319+4 revenue collected after December 31, 2027, from a tax levy imposed
12320+5 under this chapter only if the number of students who have legal
12321+6 settlement in a school corporation but attend a charter school,
12322+7 excluding virtual charter schools and adult high schools, and
12323+8 receive not more than fifty percent (50%) virtual instruction, is at
12324+9 least the greater of:
12325+10 (1) one hundred (100) students; or
12326+11 (2) two percent (2%) of the school corporation's spring ADM
12327+12 count, excluding students who receive more than fifty percent
12328+13 (50%) virtual instruction.
12329+14 (b) As used in this section, "eligible charter school" means a
12330+15 charter school attended by a student who:
12331+16 (1) has legal settlement in a school corporation that imposes
12332+17 a tax levy under this chapter; and
12333+18 (2) receives not more than fifty percent (50%) virtual
12334+19 instruction.
12335+20 However, the term does not include a virtual charter school or an
12336+21 adult high school.
12337+22 (c) The following schools are not eligible to receive, and may not
12338+23 be considered in a calculation made for purposes of, a distribution
12339+24 under this section:
12340+25 (1) A virtual charter school.
12341+26 (2) An adult high school.
12342+27 (d) Beginning in calendar year 2028, and in each calendar year
12343+28 thereafter, and subject to subsection (j), the county auditor shall
12344+29 distribute to each eligible charter school in the manner provided
12345+30 under this section an amount of revenue received from a tax levy
12346+31 imposed by a school corporation under this chapter.
12347+32 (e) For the purposes of the calculations made in this section,
12348+33 each eligible charter school that has entered into an agreement
12349+34 with a school corporation to participate as a participating
12350+35 innovation network charter school under IC 20-25.7-5 is
12351+36 considered to have an ADM that is separate from the school
12352+37 corporation.
12353+38 (f) Not later than January 1, 2028, and not later than January
12354+39 1 of each year thereafter, the department, in consultation with the
12355+40 department of local government finance, shall determine, for each
12356+41 school corporation, the corresponding percentages of revenue
12357+42 received from the tax levy that must be distributed among the
12358+ES 1—LS 7244/DI 120 285
12359+1 school corporation and each eligible charter school according to
12360+2 the following formula:
12361+3 STEP ONE: Determine, for each eligible charter school, the
12362+4 number of students who:
12363+5 (A) have legal settlement within the school corporation;
12364+6 (B) are currently included in the fall ADM count for the
12365+7 charter school; and
12366+8 (C) receive not more than fifty percent (50%) virtual
12367+9 instruction.
12368+10 STEP TWO: Determine the sum of:
12369+11 (A) the aggregate of the STEP ONE results for all eligible
12370+12 charter schools with respect to the school corporation; plus
12371+13 (B) the fall ADM count for the school corporation for
12372+14 students receiving not more than fifty percent (50%)
12373+15 virtual instruction.
12374+16 STEP THREE: For each eligible charter school, determine the
12375+17 result of:
12376+18 (A) the applicable STEP ONE amount; divided by
12377+19 (B) the STEP TWO amount;
12378+20 expressed as a percentage.
12379+21 STEP FOUR: Determine the sum of all the amounts computed
12380+22 under STEP THREE and subtract the result from one
12381+23 hundred percent (100%).
12382+24 (g) The department shall provide to the county auditor,
12383+25 immediately after calculation under subsection (f):
12384+26 (1) each eligible charter school and the eligible charter
12385+27 school's corresponding percentage calculated under STEP
12386+28 THREE of subsection (f); and
12387+29 (2) the percentage calculated under STEP FOUR of
12388+30 subsection (f) for the school corporation.
12389+31 (h) Subject to subsections (j) and (l), the county auditor shall
12390+32 distribute to the school corporation and each eligible charter
12391+33 school the amount determined in the last STEP of the following
12392+34 STEPS:
12393+35 STEP ONE: Determine the amount collected in the most
12394+36 recent installment period by the school corporation from the
12395+37 school corporation's operations fund levy imposed under this
12396+38 chapter.
12397+39 STEP TWO: To determine the distribution for the school
12398+40 corporation and each eligible charter school, determine the
12399+41 result of:
12400+42 (A) the sum of:
12401+ES 1—LS 7244/DI 120 286
12402+1 (i) the STEP ONE result; plus
12403+2 (ii) any amount withheld in the previous year under
12404+3 subsection (k); multiplied by
12405+4 (B) the following percentage:
12406+5 (i) In the case of an eligible charter school, the charter
12407+6 school's percentage under STEP THREE of subsection
12408+7 (f).
12409+8 (ii) In the case of the school corporation, the school
12410+9 corporation's percentage under STEP FOUR of
12411+10 subsection (f).
12412+11 (i) Not later than August 15, 2027, and not later than August 15
12413+12 of each calendar year thereafter, the department shall provide to
12414+13 each school corporation and each eligible charter school an
12415+14 estimate of the amount of property tax levy revenue the school
12416+15 corporation and eligible charter school are expected to receive
12417+16 under this section in the subsequent calendar year based on the
12418+17 most recent fall ADM count.
12419+18 (j) Beginning with distributions of property tax revenue under
12420+19 this section in 2028 and thereafter, in order to receive a
12421+20 distribution under this section, the governing body of an eligible
12422+21 charter school shall, not later than October 15, 2027, and not later
12423+22 than October 15 of each calendar year thereafter, adopt a budget
12424+23 for the current school year. Not later than ten (10) days before its
12425+24 adoption, the budget must be fixed and presented to the charter
12426+25 board in a public meeting in the county in which the eligible
12427+26 charter school is incorporated. Not later than November 1, 2027,
12428+27 and not later than November 1 of each calendar year thereafter,
12429+28 the governing body of the charter school shall submit:
12430+29 (1) the budget that is adopted under this subsection;
12431+30 (2) the dates on which each requirement under this subsection
12432+31 was met; and
12433+32 (3) a statement from the governing body of the charter school
12434+33 attesting that the dates provided in subdivision (2) are true
12435+34 and accurate and that the budget was properly adopted under
12436+35 this subsection;
12437+36 to the charter authorizer for review and to the department of local
12438+37 government finance to be posted publicly on the computer gateway
12439+38 under IC 6-1.1-17-3.
12440+39 (k) If an eligible charter school does not satisfy the requirements
12441+40 of subsection (j) to receive distributions under this section during
12442+41 a calendar year, as determined by the department of local
12443+42 government finance, the eligible charter school may not receive a
12444+ES 1—LS 7244/DI 120 287
12445+1 distribution of property tax revenue in that calendar year and the
12446+2 county auditor shall withhold the eligible charter school's
12447+3 distribution amount. The department of local government finance's
12448+4 determination of compliance consists only of a confirmation that
12449+5 the adopted budget and attestation statement are submitted not
12450+6 later than the applicable date under subsection (j). Any
12451+7 distribution amount withheld under this subsection shall be:
12452+8 (1) added to the property tax revenue collections as described
12453+9 in STEP TWO of subsection (h); and
12454+10 (2) distributed among the school corporation and remaining
12455+11 eligible charter schools according to subsection (h);
12456+12 in the calendar year that immediately follows the calendar year in
12457+13 which the distribution amount was withheld.
12458+14 (l) This subsection applies only to distributions under subsection
12459+15 (h) in calendar years 2028, 2029, and 2030 to an eligible charter
12460+16 school. Instead of the amount determined under subsection (h) for
12461+17 a distribution to a particular eligible charter school from the
12462+18 revenue collected from the tax levy imposed under this chapter by
12463+19 a particular school corporation, the county auditor shall make
12464+20 distributions according to the following:
12465+21 (1) For a distribution in 2028, the county auditor shall
12466+22 distribute an amount for a particular eligible charter school
12467+23 equal to:
12468+24 (A) the applicable result of STEP TWO of subsection (h)
12469+25 for the eligible charter school; multiplied by
12470+26 (B) twenty-five hundredths (0.25).
12471+27 (2) For a distribution in 2029, the county auditor shall
12472+28 distribute an amount for a particular eligible charter school
12473+29 equal to:
12474+30 (A) the applicable result of STEP TWO of subsection (h)
12475+31 for the eligible charter school; multiplied by
12476+32 (B) five-tenths (0.5).
12477+33 (3) For a distribution in 2030, the county auditor shall
12478+34 distribute an amount for a particular eligible charter school
12479+35 equal to:
12480+36 (A) the applicable result of STEP TWO of subsection (h)
12481+37 for the eligible charter school; multiplied by
12482+38 (B) seventy-five hundredths (0.75).
12483+39 Any amount of property tax revenue collected from the tax levy
12484+40 imposed under this chapter by a particular school corporation that
12485+41 remains after making the distributions according to this subsection
12486+42 shall be distributed to the school corporation and are in addition
12487+ES 1—LS 7244/DI 120 288
12488+1 to the amount distributed to the school corporation under
12489+2 subsection (h) for the applicable year. This subsection expires July
12490+3 1, 2032.
12491+4 SECTION 227. IC 20-46-9-6, AS AMENDED BY P.L.162-2024,
12492+5 SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30,
12493+6 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
12494+7 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
12495+8 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
12496+9 Sec. 6. (a) Subject to this chapter, the governing body of a school
12497+10 corporation may adopt a resolution to place a referendum under this
12498+11 chapter on the ballot if the governing body of the school corporation
12499+12 determines that a referendum levy should be imposed for measures to
12500+13 improve school safety as described in IC 20-40-20-6(a) or
12501+14 IC 20-40-20-6(b).
12502+15 (b) Except as provided in section 22 of this chapter, a school
12503+16 corporation may, with the approval of the majority of members of the
12504+17 governing body, distribute a portion of the proceeds of a tax levy
12505+18 collected under this chapter that is deposited in the fund to a charter
12506+19 school, excluding a virtual charter school, that is located within the
12507+20 attendance area of the school corporation, to be used by the charter
12508+21 school for the purposes described in IC 20-40-20-6(a).
12509+22 (c) This subsection applies to a resolution described in subsection
12510+23 (a) that is adopted after May 10, 2023, in a county described in section
12511+24 22(a) of this chapter. A resolution shall specify that a portion of the
12512+25 proceeds of the proposed levy will be distributed to applicable charter
12513+26 schools in the manner described under section 22 of this chapter if the
12514+27 charter school voluntarily elects to participate in the referendum in the
12515+28 manner described in subsection (i).
12516+29 (d) This subsection applies to a resolution described in subsection
12517+30 (a) that is adopted after May 10, 2023, in a county described in section
12518+31 22(a) of this chapter. The resolution described in subsection (a) shall
12519+32 include a projection of the amount that the school corporation expects
12520+33 to be distributed to a particular charter school, excluding virtual charter
12521+34 schools or adult high schools, under section 22 of this chapter that
12522+35 elects to participate in the referendum under subsection (i). At least
12523+36 sixty (60) days before the resolution described in subsection (a) is
12524+37 voted on by the governing body, the school corporation shall contact
12525+38 the department to determine the number of students in kindergarten
12526+39 through grade 12 who have legal settlement in the school corporation
12527+40 but attend a charter school, excluding virtual charter schools or adult
12528+41 high schools, and who receive not more than fifty percent (50%) virtual
12529+42 instruction. The department shall provide the school corporation with
12530+ES 1—LS 7244/DI 120 289
12531+1 the number of students with legal settlement in the school corporation
12532+2 who attend a charter school, which shall be disaggregated for each
12533+3 particular charter school, excluding a virtual charter school or adult
12534+4 high school. The projection may include an expected increase in
12535+5 charter schools during the term the levy is imposed. The department of
12536+6 local government finance shall prescribe the manner in which the
12537+7 projection shall be calculated. The governing body shall take into
12538+8 consideration the projection when adopting the revenue spending plan
12539+9 under subsection (g).
12540+10 (e) The governing body of the school corporation shall certify a
12541+11 copy of the resolution to the following:
12542+12 (1) The department of local government finance, including:
12543+13 (A) the language for the question required by section 9 of this
12544+14 chapter, or in the case of a resolution to extend a referendum
12545+15 levy certified to the department of local government finance,
12546+16 section 10 of this chapter; and
12547+17 (B) a copy of the revenue spending plan adopted under
12548+18 subsection (g).
12549+19 The language of the public question must include the estimated
12550+20 average percentage increases certified by the county auditor under
12551+21 section 9(d) or 10(f) of this chapter, as applicable. The governing
12552+22 body of the school corporation shall also provide the county
12553+23 auditor's certification described in section 9(d) or 10(f) of this
12554+24 chapter, as applicable. The department of local government
12555+25 finance shall post the values certified by the county auditor to the
12556+26 department's website. The department shall review the language
12557+27 for compliance with section 9 or 10 of this chapter, whichever is
12558+28 applicable, and either approve or reject the language. The
12559+29 department shall send its decision to the governing body of the
12560+30 school corporation not more than ten (10) days after both the
12561+31 certification of the county auditor described in section 9(d) or
12562+32 10(f) of this chapter, as applicable, and the resolution is are
12563+33 submitted to the department. If the language is approved, the
12564+34 governing body of the school corporation shall certify a copy of
12565+35 the resolution, including the language for the question and the
12566+36 department's approval.
12567+37 (2) The county fiscal body of each county in which the school
12568+38 corporation is located (for informational purposes only).
12569+39 (3) The circuit court clerk of each county in which the school
12570+40 corporation is located.
12571+41 (f) Except as provided in section 22 of this chapter, the resolution
12572+42 described in subsection (a) must indicate whether proceeds in the
12573+ES 1—LS 7244/DI 120 290
12574+1 school corporation's fund collected from a tax levy under this chapter
12575+2 will be used to provide a distribution to a charter school or charter
12576+3 schools, excluding a virtual charter school, under IC 20-40-20-6(b) as
12577+4 well as the amount that will be distributed to the particular charter
12578+5 school or charter schools. A school corporation may request from the
12579+6 designated charter school or charter schools any financial
12580+7 documentation necessary to demonstrate the financial need of the
12581+8 charter school or charter schools.
12582+9 (g) As part of the resolution described in subsection (a), the
12583+10 governing body of the school corporation shall adopt a revenue
12584+11 spending plan for the proposed referendum tax levy that includes:
12585+12 (1) an estimate of the amount of annual revenue expected to be
12586+13 collected if a levy is imposed under this chapter;
12587+14 (2) the specific purposes described in IC 20-40-20-6 for which the
12588+15 revenue collected from a levy imposed under this chapter will be
12589+16 used;
12590+17 (3) an estimate of the annual dollar amounts that will be expended
12591+18 for each purpose described in subdivision (2); and
12592+19 (4) for a resolution for a referendum that is adopted after May 10,
12593+20 2023, for a county described in section 22(a) of this chapter, the
12594+21 projected revenue that shall be distributed to charter schools as
12595+22 provided in subsection (d). The revenue spending plan shall also
12596+23 take into consideration deviations in the proposed revenue
12597+24 spending plan if the actual charter school distributions exceed or
12598+25 are lower than the projected charter school distributions described
12599+26 in subsection (d). The resolution shall include for each charter
12600+27 school that elects to participate under subsection (i) information
12601+28 described in subdivisions (1) through (3).
12602+29 (h) A school corporation shall specify in its proposed budget the
12603+30 school corporation's revenue spending plan adopted under subsection
12604+31 (g) and annually present the revenue spending plan at its public hearing
12605+32 on the proposed budget under IC 6-1.1-17-3.
12606+33 (i) This subsection applies to a resolution described in subsection
12607+34 (a) for a county described in section 22(a) of this chapter that is
12608+35 adopted after May 10, 2023. At least forty-five (45) days before the
12609+36 resolution described in subsection (a) is voted on by the governing
12610+37 body, the school corporation shall contact each charter school,
12611+38 excluding virtual charter schools or adult high schools, disclosed by the
12612+39 department to the school corporation under subsection (f) to determine
12613+40 whether the charter school will participate in the referendum. The
12614+41 notice must include the total amount of the school corporation's
12615+42 expected need, the corresponding estimate of that amount divided by
12616+ES 1—LS 7244/DI 120 291
12617+1 the number of students enrolled in the school corporation, and the date
12618+2 on which the governing body of the school corporation will vote on the
12619+3 resolution. The charter school must respond in writing to the school
12620+4 corporation, which may be by electronic mail addressed to the
12621+5 superintendent of the school corporation, at least fifteen (15) days
12622+6 prior to the date that the resolution described in subsection (a) is to be
12623+7 voted on by the governing body. If the charter school elects to not
12624+8 participate in the referendum, the school corporation may exclude
12625+9 distributions to the charter school under section 22 of this chapter and
12626+10 from the projection described in subsection (d). If the charter school
12627+11 elects to participate in the referendum, the charter school may receive
12628+12 distributions under section 22 of this chapter and must be included in
12629+13 the projection described in subsection (d). In addition, a charter school
12630+14 that elects to participate in the referendum under this subsection shall
12631+15 contribute a proportionate share of the cost to conduct the referendum
12632+16 based on the total combined ADM of the school corporation and any
12633+17 participating charter schools.
12634+18 (j) This subsection applies to a resolution described in subsection
12635+19 (a) for a county described in section 22(a) of this chapter that is
12636+20 adopted after May 10, 2023. At least thirty (30) days before the
12637+21 resolution described in subsection (a) referendum submitted to the
12638+22 voters under this chapter is voted on by the governing body, public in
12639+23 a primary or general election, the school corporation that is pursuing
12640+24 the resolution referendum and any charter school that has elected to
12641+25 participate under subsection (i) shall post a referendum disclosure
12642+26 statement on each school's respective website that contains the
12643+27 following information:
12644+28 (1) The salaries of all employees employed by position within the
12645+29 school corporation or charter school listed from highest salary to
12646+30 lowest salary and a link to Gateway Indiana for access to
12647+31 individual salaries.
12648+32 (2) An acknowledgment that the school corporation or charter
12649+33 school is not committing any crime described in IC 35-44.1-1.
12650+34 (3) A link to the school corporation's or charter school's most
12651+35 recent state board of accounts audit on the state board of accounts'
12652+36 website.
12653+37 (4) The current enrollment of the school corporation or charter
12654+38 school disaggregated by student group and race.
12655+39 (5) The school corporation's or charter school's high school
12656+40 graduation rate.
12657+41 (6) The school corporation's or charter school's annual retention
12658+42 rate for teachers for the previous five (5) years.
12659+ES 1—LS 7244/DI 120 292
12660+1 SECTION 228. IC 20-46-9-9, AS AMENDED BY P.L.189-2023,
12661+2 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12662+3 JANUARY 1, 2026]: Sec. 9. (a) The question to be submitted to the
12663+4 voters in the referendum must read as follows:
12664+5 "Shall the school corporation increase property taxes paid to
12665+6 schools by homeowners and businesses for _____ (insert number
12666+7 of years) years immediately following the holding of the
12667+8 referendum for the purpose of funding ______ (insert short
12668+9 description of purposes)? If this public question is approved by
12669+10 the voters, the average property tax paid to schools per year on a
12670+11 residence would increase by ______% (insert the estimated
12671+12 average percentage of property tax increase paid to schools on a
12672+13 residence within the school corporation as determined under
12673+14 subsection (b)) and the average property tax paid to schools per
12674+15 year on a business property would increase by ______% (insert
12675+16 the estimated average percentage of property tax increase paid to
12676+17 schools on a business property within the school corporation as
12677+18 determined under subsection (c)). The most recent property tax
12678+19 referendum proposed by the school corporation was held in
12679+20 ______ (insert year) and ________ (insert whether the measure
12680+21 passed or failed).".
12681+22 "Shall ________ (insert the name of the school corporation)
12682+23 increase property taxes paid to the school corporation for no
12683+24 more than ______ (insert the number of years immediately
12684+25 following the holding of the referendum) years for the
12685+26 purpose of funding _______ (insert a brief description of the
12686+27 purposes) by imposing a property tax rate that does not
12687+28 exceed ______ (insert property tax rate) and results in a
12688+29 maximum annual amount that does not exceed ______ (insert
12689+30 maximum amount of annual levy). If this school safety
12690+31 referendum public question is approved by the voters, for a
12691+32 median residence of ______ (insert the school corporation's
12692+33 median household assessed value, rounded up to the next fifty
12693+34 thousand dollars ($50,000)), the property's annual property
12694+35 tax bill would increase by ______ (insert dollar amount,
12695+36 rounded up to the next whole dollar) per year. (If, in the
12696+37 previous five (5) years, the school corporation has conducted
12697+38 a school safety referendum public question, the following shall
12698+39 also be included in the ballot language.) The most recent
12699+40 school safety referendum public question proposed by the
12700+41 school corporation was held in ______ (insert year) and
12701+42 ______ (insert whether the measure passed or failed).".
12702+ES 1—LS 7244/DI 120 293
12703+1 (b) At the request of the governing body of a school corporation that
12704+2 proposes to impose property taxes under this chapter, the county
12705+3 auditor of the county in which the school corporation is located shall
12706+4 determine the estimated average percentage of property tax increase on
12707+5 a homestead to be paid to the school corporation that must be included
12708+6 in the public question under subsection (a) as follows:
12709+7 STEP ONE: Determine the average assessed value of a homestead
12710+8 located within the school corporation.
12711+9 STEP TWO: For purposes of determining the net assessed value
12712+10 of the average homestead located within the school corporation,
12713+11 subtract:
12714+12 (A) an amount for the homestead standard deduction under
12715+13 IC 6-1.1-12-37 as if the homestead described in STEP ONE
12716+14 was eligible for the deduction; and
12717+15 (B) an amount for the supplemental homestead deduction
12718+16 under IC 6-1.1-12-37.5 as if the homestead described in STEP
12719+17 ONE was eligible for the deduction;
12720+18 from the result of STEP ONE.
12721+19 STEP THREE: Divide the result of STEP TWO by one hundred
12722+20 (100).
12723+21 STEP FOUR: Determine the overall average tax rate per one
12724+22 hundred dollars ($100) of assessed valuation for the current year
12725+23 imposed on property located within the school corporation.
12726+24 STEP FIVE: For purposes of determining net property tax liability
12727+25 of the average homestead located within the school corporation:
12728+26 (A) multiply the result of STEP THREE by the result of STEP
12729+27 FOUR; and
12730+28 (B) as appropriate, apply any currently applicable county
12731+29 property tax credit rates and the credit for excessive property
12732+30 taxes under IC 6-1.1-20.6-7.5(a)(1).
12733+31 STEP SIX: Determine the amount of the school corporation's part
12734+32 of the result determined in STEP FIVE.
12735+33 STEP SEVEN: Multiply:
12736+34 (A) the tax rate that will be imposed if the public question is
12737+35 approved by the voters; by
12738+36 (B) the result of STEP THREE.
12739+37 STEP EIGHT: Divide the result of STEP SEVEN by the result of
12740+38 STEP SIX, expressed as a percentage.
12741+39 (c) At the request of the governing body of a school corporation that
12742+40 proposes to impose property taxes under this chapter, the county
12743+41 auditor of the county in which the school corporation is located shall
12744+42 determine the estimated average percentage of property tax increase on
12745+ES 1—LS 7244/DI 120 294
12746+1 a business property to be paid to the school corporation that must be
12747+2 included in the public question under subsection (a) as follows:
12748+3 STEP ONE: Determine the average assessed value of business
12749+4 property located within the school corporation.
12750+5 STEP TWO: Divide the result of STEP ONE by one hundred
12751+6 (100).
12752+7 STEP THREE: Determine the overall average tax rate per one
12753+8 hundred dollars ($100) of assessed valuation for the current year
12754+9 imposed on property located within the school corporation.
12755+10 STEP FOUR: For purposes of determining net property tax
12756+11 liability of the average business property located within the school
12757+12 corporation:
12758+13 (A) multiply the result of STEP TWO by the result of STEP
12759+14 THREE; and
12760+15 (B) as appropriate, apply any currently applicable county
12761+16 property tax credit rates and the credit for excessive property
12762+17 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
12763+18 was three percent (3%).
12764+19 STEP FIVE: Determine the amount of the school corporation's
12765+20 part of the result determined in STEP FOUR.
12766+21 STEP SIX: Multiply:
12767+22 (A) the result of STEP TWO; by
12768+23 (B) the tax rate that will be imposed if the public question is
12769+24 approved by the voters.
12770+25 STEP SEVEN: Divide the result of STEP SIX by the result of
12771+26 STEP FIVE, expressed as a percentage.
12772+27 (d) The county auditor shall certify the estimated average
12773+28 percentage of property tax increase on a homestead to be paid to
12774+29 schools determined under subsection (b), and the estimated average
12775+30 percentage of property tax increase on a business property to be paid
12776+31 to schools determined under subsection (c), in a manner prescribed by
12777+32 the department of local government finance, and provide the
12778+33 certification to the governing body of the school corporation that
12779+34 proposes to impose property taxes.
12780+35 SECTION 229. IC 20-46-9-10, AS AMENDED BY P.L.236-2023,
12781+36 SECTION 156, IS AMENDED TO READ AS FOLLOWS
12782+37 [EFFECTIVE JANUARY 1, 2026]: Sec. 10. (a) This section applies
12783+38 only to a referendum to allow a school corporation to extend a
12784+39 referendum tax levy.
12785+40 (b) The question to be submitted to the voters in the referendum
12786+41 must read as follows:
12787+42 "Shall the school corporation continue to impose increased
12788+ES 1—LS 7244/DI 120 295
12789+1 property taxes paid to the school corporation by homeowners and
12790+2 businesses for _____ (insert number of years) years immediately
12791+3 following the holding of the referendum for the purpose of
12792+4 funding ______ (insert short description of purposes)? The
12793+5 property tax increase requested in this referendum was originally
12794+6 approved by the voters in _______ (insert the year in which the
12795+7 referendum tax levy was approved) and if extended will increase
12796+8 the average property tax paid to the school corporation per year on
12797+9 a residence within the school corporation by ______% (insert the
12798+10 estimated average percentage of property tax increase on a
12799+11 residence within the school corporation) and if extended will
12800+12 increase the average property tax paid to the school corporation
12801+13 per year on a business property within the school corporation by
12802+14 ______% (insert the estimated average percentage of property tax
12803+15 increase on a business within the school corporation).".
12804+16 "Shall _______ (insert the name of the school corporation)
12805+17 continue to increase property taxes paid to the school
12806+18 corporation for no more than _____ (insert the number of
12807+19 years immediately following the holding of the referendum)
12808+20 years for the purpose of funding _____________ (insert brief
12809+21 description of the purposes) by imposing a property tax rate
12810+22 that does not exceed ______ (insert property tax rate) and
12811+23 results in a maximum annual amount that does not exceed
12812+24 ______ (insert maximum amount of annual levy). If this
12813+25 school safety referendum public question is NOT approved by
12814+26 the voters, for a median residence of __________ (insert the
12815+27 school corporation's median household assessed value,
12816+28 rounded up to the next fifty thousand dollars ($50,000)), the
12817+29 property's annual tax bill would decrease by ______ (insert
12818+30 dollar amount, rounded up to the next whole dollar) per year.
12819+31 If this school safety referendum public question is approved
12820+32 by the voters, it would be a renewal of the most recent school
12821+33 safety referendum public question passed in ______ (insert
12822+34 year the original operating referendum public question
12823+35 passed) with a property tax rate of ______ (insert property
12824+36 tax rate of the original school safety referendum public
12825+37 question).".
12826+38 (c) The number of years for which a referendum tax levy may be
12827+39 extended if the public question under this section is approved may not
12828+40 exceed the number of years for which the expiring referendum tax levy
12829+41 was imposed.
12830+42 (d) At the request of the governing body of a school corporation that
12831+ES 1—LS 7244/DI 120 296
12832+1 proposes to impose property taxes under this chapter, the county
12833+2 auditor of the county in which the school corporation is located shall
12834+3 determine the estimated average percentage of property tax increase on
12835+4 a homestead to be paid to the school corporation that must be included
12836+5 in the public question under subsection (b) as follows:
12837+6 STEP ONE: Determine the average assessed value of a homestead
12838+7 located within the school corporation.
12839+8 STEP TWO: For purposes of determining the net assessed value
12840+9 of the average homestead located within the school corporation,
12841+10 subtract:
12842+11 (A) an amount for the homestead standard deduction under
12843+12 IC 6-1.1-12-37 as if the homestead described in STEP ONE
12844+13 was eligible for the deduction; and
12845+14 (B) an amount for the supplemental homestead deduction
12846+15 under IC 6-1.1-12-37.5 as if the homestead described in STEP
12847+16 ONE was eligible for the deduction;
12848+17 from the result of STEP ONE.
12849+18 STEP THREE: Divide the result of STEP TWO by one hundred
12850+19 (100).
12851+20 STEP FOUR: Determine the overall average tax rate per one
12852+21 hundred dollars ($100) of assessed valuation for the current year
12853+22 imposed on property located within the school corporation.
12854+23 STEP FIVE: For purposes of determining net property tax liability
12855+24 of the average homestead located within the school corporation:
12856+25 (A) multiply the result of STEP THREE by the result of STEP
12857+26 FOUR; and
12858+27 (B) as appropriate, apply any currently applicable county
12859+28 property tax credit rates and the credit for excessive property
12860+29 taxes under IC 6-1.1-20.6-7.5(a)(1).
12861+30 STEP SIX: Determine the amount of the school corporation's part
12862+31 of the result determined in STEP FIVE.
12863+32 STEP SEVEN: Multiply:
12864+33 (A) the tax rate that will be imposed if the public question is
12865+34 approved by the voters; by
12866+35 (B) the result of STEP THREE.
12867+36 STEP EIGHT: Divide the result of STEP SEVEN by the result of
12868+37 STEP SIX, expressed as a percentage.
12869+38 (e) At the request of the governing body of a school corporation that
12870+39 proposes to impose property taxes under this chapter, the county
12871+40 auditor of the county in which the school corporation is located shall
12872+41 determine the estimated average percentage of property tax increase on
12873+42 a business property to be paid to the school corporation that must be
12874+ES 1—LS 7244/DI 120 297
12875+1 included in the public question under subsection (b) as follows:
12876+2 STEP ONE: Determine the average assessed value of business
12877+3 property located within the school corporation.
12878+4 STEP TWO: Divide the result of STEP ONE by one hundred
12879+5 (100).
12880+6 STEP THREE: Determine the overall average tax rate per one
12881+7 hundred dollars ($100) of assessed valuation for the current year
12882+8 imposed on property located within the school corporation.
12883+9 STEP FOUR: For purposes of determining net property tax
12884+10 liability of the average business property located within the school
12885+11 corporation:
12886+12 (A) multiply the result of STEP TWO by the result of STEP
12887+13 THREE; and
12888+14 (B) as appropriate, apply any currently applicable county
12889+15 property tax credit rates and the credit for excessive property
12890+16 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
12891+17 was three percent (3%).
12892+18 STEP FIVE: Determine the amount of the school corporation's
12893+19 part of the result determined in STEP FOUR.
12894+20 STEP SIX: Multiply:
12895+21 (A) the result of STEP TWO; by
12896+22 (B) the tax rate that will be imposed if the public question is
12897+23 approved by the voters.
12898+24 STEP SEVEN: Divide the result of STEP SIX by the result of
12899+25 STEP FIVE, expressed as a percentage.
12900+26 (f) The county auditor shall certify the estimated average percentage
12901+27 of property tax increase on a homestead to be paid to the school
12902+28 corporation determined under subsection (d), and the estimated average
12903+29 percentage of property tax increase on a business property to be paid
12904+30 to the school corporation determined under subsection (e), in a manner
12905+31 prescribed by the department of local government finance, and provide
12906+32 the certification to the governing body of the school corporation that
12907+33 proposes to impose property taxes.
12908+34 SECTION 230. IC 20-46-9-10.5 IS ADDED TO THE INDIANA
12909+35 CODE AS A NEW SECTION TO READ AS FOLLOWS
12910+36 [EFFECTIVE JULY 1, 2025]: Sec. 10.5. Each year, the county
12911+37 auditor, with cooperation from the department of local
12912+38 government finance, shall determine the tax rate needed to raise
12913+39 the maximum amount of the annual levy for the year as described
12914+40 under section 9 or 10 of this chapter, as applicable, and shall
12915+41 determine all other information needed for the ballot language in
12916+42 those sections.
12917+ES 1—LS 7244/DI 120 298
12918+1 SECTION 231. IC 20-46-9-14, AS AMENDED BY P.L.227-2023,
12919+2 SECTION 136, IS AMENDED TO READ AS FOLLOWS
12920+3 [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) The referendum shall be
12921+4 held in the next primary election general election, or municipal election
12922+5 as provided under IC 3-10-9-3(b), in which all the registered voters
12923+6 who are residents of the school corporation are entitled to vote after
12924+7 certification of the question. under IC 3-10-9-3. The certification of the
12925+8 question must occur not later than noon
12926+9 (1) seventy-four (74) days before a primary election if the
12927+10 question is to be placed on the primary or municipal primary
12928+11 election ballot; or
12929+12 (2) August 1. if the question is to be placed on the general or
12930+13 municipal election ballot.
12931+14 (b) However, if a primary election, general election, or municipal
12932+15 election will not be held during the first year in which the public
12933+16 question is eligible to be placed on the ballot under this chapter and if
12934+17 the school corporation requests the public question to be placed on the
12935+18 ballot at a special election, the public question shall be placed on the
12936+19 ballot at a special election to be held on the first Tuesday after the first
12937+20 Monday in May or November of the year. The certification must occur
12938+21 not later than noon:
12939+22 (1) seventy-four (74) days before a special election to be held in
12940+23 May (if the special election is to be held in May); or
12941+24 (2) August 1 (if the special election is to be held in November).
12942+25 (c) If the referendum is not conducted at a primary election, general
12943+26 election, or municipal election, the school corporation in which the
12944+27 referendum is to be held shall pay all the costs of holding the
12945+28 referendum.
12946+29 SECTION 232. IC 20-46-9-22, AS ADDED BY P.L.189-2023,
12947+30 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12948+31 JULY 1, 2025]: Sec. 22. (a) This section:
12949+32 (1) applies to revenue received from a resolution that is approved
12950+33 by the governing body to impose a referendum levy under section
12951+34 6 or 7 of this chapter after May 10, 2023, for a school corporation
12952+35 located in:
12953+36 (1) (A) Lake County;
12954+37 (2) (B) Marion County;
12955+38 (3) (C) St. Joseph County; or
12956+39 (4) (D) Vanderburgh County;
12957+40 through the full term of the referendum levy; and
12958+41 (2) does not apply to revenue received from a referendum levy
12959+42 if:
12960+ES 1—LS 7244/DI 120 299
12961+1 (A) the governing body of the school corporation approves
12962+2 the referendum levy in a resolution adopted under section
12963+3 6 or 7 of this chapter; and
12964+4 (B) the referendum levy is imposed for the first time with
12965+5 property taxes first due and payable in a calendar year
12966+6 beginning after December 31, 2027.
12967+7 (b) The county auditor shall distribute an amount under subsection
12968+8 (d) to each charter school, excluding virtual charter schools or adult
12969+9 high schools, that a student who resides within the attendance area of
12970+10 the school corporation attends if the charter school, excluding virtual
12971+11 charter schools or adult high schools, elects to participate in the
12972+12 referendum under section 6(i) of this chapter. The department shall
12973+13 provide the county auditor with data and information necessary for the
12974+14 county auditor to determine:
12975+15 (1) which charter schools, excluding virtual charter schools or
12976+16 adult high schools, are eligible to receive a distribution under this
12977+17 section; and
12978+18 (2) the number of all students who reside within the attendance
12979+19 area of the school corporation who are included in the ADM for
12980+20 each charter school, excluding virtual charter schools or adult
12981+21 high schools, described in subdivision (1).
12982+22 (c) The following schools are not eligible to receive a distribution
12983+23 under this section:
12984+24 (1) A virtual charter school.
12985+25 (2) An adult high school.
12986+26 (d) For the purposes of the calculations made in this subsection,
12987+27 each eligible school that has entered into an agreement with a school
12988+28 corporation to participate as a participating innovation network charter
12989+29 school under IC 20-25.7-5 is considered to have an ADM that is
12990+30 separate from the school corporation. The amount that the county
12991+31 auditor shall distribute to a charter school, excluding virtual charter
12992+32 schools or adult high schools, under this section is the amount
12993+33 determined in the last STEP of the following STEPS:
12994+34 STEP ONE: Determine, for each charter school, excluding virtual
12995+35 charter schools or adult high schools, that is eligible to receive a
12996+36 distribution under this section, the number of students who reside
12997+37 within the attendance area of the school corporation who are
12998+38 currently included in the ADM of the charter school.
12999+39 STEP TWO: Determine the sum of:
13000+40 (A) the current ADM count for the school corporation; plus
13001+41 (B) the total number of students who reside within the
13002+42 attendance area of the school corporation who are currently
13003+ES 1—LS 7244/DI 120 300
13004+1 included in the ADM of a charter school, excluding virtual
13005+2 charter schools or adult high schools.
13006+3 STEP THREE: Determine the result of:
13007+4 (A) the STEP ONE amount; divided by
13008+5 (B) the STEP TWO amount.
13009+6 STEP FOUR: Determine the result of:
13010+7 (A) the STEP THREE amount; multiplied by
13011+8 (B) the amount collected by the county auditor during the most
13012+9 recent installment period.
13013+10 (e) If a charter school receives a distribution under this section, the
13014+11 distribution may be used only for the purposes described in
13015+12 IC 20-40-20-6(a).
13016+13 SECTION 233. IC 36-1-8-5.1, AS AMENDED BY P.L.38-2021,
13017+14 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13018+15 JULY 1, 2026]: Sec. 5.1. (a) A political subdivision may establish a
13019+16 rainy day fund by the adoption of:
13020+17 (1) an ordinance, in the case of a county, city, or town; or
13021+18 (2) a resolution, in the case of any other political subdivision.
13022+19 (b) An ordinance or a resolution adopted under this section must
13023+20 specify the following:
13024+21 (1) The purposes of the rainy day fund.
13025+22 (2) The sources of funding for the rainy day fund, which may
13026+23 include the following:
13027+24 (A) Unused and unencumbered funds under
13028+25 (i) section 5 of this chapter. or
13029+26 (ii) IC 6-3.6-9-15.
13030+27 (B) Any other funding source:
13031+28 (i) specified in the ordinance or resolution adopted under
13032+29 this section; and
13033+30 (ii) not otherwise prohibited by law.
13034+31 (c) The rainy day fund is subject to the same appropriation process
13035+32 as other funds that receive tax money.
13036+33 (d) In any fiscal year, a political subdivision may, at any time, do the
13037+34 following:
13038+35 (1) Transfer any unused and unencumbered funds specified in
13039+36 subsection (b)(2)(A) from any fiscal year to the rainy day fund.
13040+37 (2) Transfer any other unobligated cash balances from any fiscal
13041+38 year that are not otherwise identified in subsection (b)(2)(A) or
13042+39 section 5 of this chapter to the rainy day fund as long as the
13043+40 transfer satisfies the following requirements:
13044+41 (A) The amount of the transfer is authorized by and identified
13045+42 in an ordinance or resolution.
13046+ES 1—LS 7244/DI 120 301
13047+1 (B) The amount of the transfer is not more than:
13048+2 (i) before January 1, 2021, ten percent (10%);
13049+3 (ii) after December 31, 2020, and before January 1, 2025,
13050+4 fifteen percent (15%); and
13051+5 (iii) after December 31, 2024, ten percent (10%);
13052+6 of the political subdivision's total annual budget adopted under
13053+7 IC 6-1.1-17 for that fiscal year.
13054+8 (C) The transfer is not made from a debt service fund.
13055+9 (e) A political subdivision may use only the funding sources
13056+10 specified in subsection (b)(2)(A) or in the ordinance or resolution
13057+11 establishing the rainy day fund. The political subdivision may adopt a
13058+12 subsequent ordinance or resolution authorizing the use of another
13059+13 funding source.
13060+14 (f) The department of local government finance may not reduce the
13061+15 actual or maximum permissible levy of a political subdivision as a
13062+16 result of a balance in the rainy day fund of the political subdivision.
13063+17 (g) A county, city, or town may at any time, by ordinance or
13064+18 resolution, transfer to:
13065+19 (1) its general fund; or
13066+20 (2) any other appropriated funds of the county, city, or town;
13067+21 money that has been deposited in the rainy day fund of the county, city,
13068+22 or town.
13069+23 (h) A school corporation may at any time, by resolution, transfer to
13070+24 its education fund or operations fund money that has been deposited in
13071+25 its rainy day fund.
13072+26 SECTION 234. IC 36-7-14-39, AS AMENDED BY P.L.136-2024,
13073+27 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13074+28 JULY 1, 2027]: Sec. 39. (a) As used in this section:
13075+29 "Allocation area" means that part of a redevelopment project area
13076+30 to which an allocation provision of a declaratory resolution adopted
13077+31 under section 15 of this chapter refers for purposes of distribution and
13078+32 allocation of property taxes.
13079+33 "Base assessed value" means, subject to subsection (j), the
13080+34 following:
13081+35 (1) If an allocation provision is adopted after June 30, 1995, in a
13082+36 declaratory resolution or an amendment to a declaratory
13083+37 resolution establishing an economic development area:
13084+38 (A) the net assessed value of all the property as finally
13085+39 determined for the assessment date immediately preceding the
13086+40 effective date of the allocation provision of the declaratory
13087+41 resolution, as adjusted under subsection (h); plus
13088+42 (B) to the extent that it is not included in clause (A), the net
13089+ES 1—LS 7244/DI 120 302
13090+1 assessed value of property that is assessed as residential
13091+2 property under the rules of the department of local government
13092+3 finance, within the allocation area, as finally determined for
13093+4 the current assessment date.
13094+5 (2) If an allocation provision is adopted after June 30, 1997, in a
13095+6 declaratory resolution or an amendment to a declaratory
13096+7 resolution establishing a redevelopment project area:
13097+8 (A) the net assessed value of all the property as finally
13098+9 determined for the assessment date immediately preceding the
13099+10 effective date of the allocation provision of the declaratory
13100+11 resolution, as adjusted under subsection (h); plus
13101+12 (B) to the extent that it is not included in clause (A), the net
13102+13 assessed value of property that is assessed as residential
13103+14 property under the rules of the department of local government
13104+15 finance, as finally determined for the current assessment date.
13105+16 (3) If:
13106+17 (A) an allocation provision adopted before June 30, 1995, in
13107+18 a declaratory resolution or an amendment to a declaratory
13108+19 resolution establishing a redevelopment project area expires
13109+20 after June 30, 1997; and
13110+21 (B) after June 30, 1997, a new allocation provision is included
13111+22 in an amendment to the declaratory resolution;
13112+23 the net assessed value of all the property as finally determined for
13113+24 the assessment date immediately preceding the effective date of
13114+25 the allocation provision adopted after June 30, 1997, as adjusted
13115+26 under subsection (h).
13116+27 (4) Except as provided in subdivision (5), for all other allocation
13117+28 areas, the net assessed value of all the property as finally
13118+29 determined for the assessment date immediately preceding the
13119+30 effective date of the allocation provision of the declaratory
13120+31 resolution, as adjusted under subsection (h).
13121+32 (5) If an allocation area established in an economic development
13122+33 area before July 1, 1995, is expanded after June 30, 1995, the
13123+34 definition in subdivision (1) applies to the expanded part of the
13124+35 area added after June 30, 1995.
13125+36 (6) If an allocation area established in a redevelopment project
13126+37 area before July 1, 1997, is expanded after June 30, 1997, the
13127+38 definition in subdivision (2) applies to the expanded part of the
13128+39 area added after June 30, 1997.
13129+40 Except as provided in section 39.3 of this chapter, "property taxes"
13130+41 means taxes imposed under IC 6-1.1 on real property. However, upon
13131+42 approval by a resolution of the redevelopment commission adopted
13132+ES 1—LS 7244/DI 120 303
13133+1 before June 1, 1987, "property taxes" also includes taxes imposed
13134+2 under IC 6-1.1 on depreciable personal property. If a redevelopment
13135+3 commission adopted before June 1, 1987, a resolution to include within
13136+4 the definition of property taxes, taxes imposed under IC 6-1.1 on
13137+5 depreciable personal property that has a useful life in excess of eight
13138+6 (8) years, the commission may by resolution determine the percentage
13139+7 of taxes imposed under IC 6-1.1 on all depreciable personal property
13140+8 that will be included within the definition of property taxes. However,
13141+9 the percentage included must not exceed twenty-five percent (25%) of
13142+10 the taxes imposed under IC 6-1.1 on all depreciable personal property.
13143+11 (b) A declaratory resolution adopted under section 15 of this chapter
13144+12 on or before the allocation deadline determined under subsection (i)
13145+13 may include a provision with respect to the allocation and distribution
13146+14 of property taxes for the purposes and in the manner provided in this
13147+15 section. A declaratory resolution previously adopted may include an
13148+16 allocation provision by the amendment of that declaratory resolution on
13149+17 or before the allocation deadline determined under subsection (i) in
13150+18 accordance with the procedures required for its original adoption. A
13151+19 declaratory resolution or amendment that establishes an allocation
13152+20 provision must include a specific finding of fact, supported by
13153+21 evidence, that the adoption of the allocation provision will result in
13154+22 new property taxes in the area that would not have been generated but
13155+23 for the adoption of the allocation provision. For an allocation area
13156+24 established before July 1, 1995, the expiration date of any allocation
13157+25 provisions for the allocation area is June 30, 2025, or the last date of
13158+26 any obligations that are outstanding on July 1, 2015, whichever is later.
13159+27 A declaratory resolution or an amendment that establishes an allocation
13160+28 provision after June 30, 1995, must specify an expiration date for the
13161+29 allocation provision. For an allocation area established before July 1,
13162+30 2008, the expiration date may not be more than thirty (30) years after
13163+31 the date on which the allocation provision is established. For an
13164+32 allocation area established after June 30, 2008, the expiration date may
13165+33 not be more than twenty-five (25) years after the date on which the first
13166+34 obligation was incurred to pay principal and interest on bonds or lease
13167+35 rentals on leases payable from tax increment revenues. However, with
13168+36 respect to bonds or other obligations that were issued before July 1,
13169+37 2008, if any of the bonds or other obligations that were scheduled when
13170+38 issued to mature before the specified expiration date and that are
13171+39 payable only from allocated tax proceeds with respect to the allocation
13172+40 area remain outstanding as of the expiration date, the allocation
13173+41 provision does not expire until all of the bonds or other obligations are
13174+42 no longer outstanding. Notwithstanding any other law, in the case of an
13175+ES 1—LS 7244/DI 120 304
13176+1 allocation area that is established after June 30, 2019, and that is
13177+2 located in a redevelopment project area described in section
13178+3 25.1(c)(3)(C) of this chapter, an economic development area described
13179+4 in section 25.1(c)(3)(C) of this chapter, or an urban renewal project
13180+5 area described in section 25.1(c)(3)(C) of this chapter, the expiration
13181+6 date of the allocation provision may not be more than thirty-five (35)
13182+7 years after the date on which the allocation provision is established.
13183+8 The allocation provision may apply to all or part of the redevelopment
13184+9 project area. The allocation provision must require that any property
13185+10 taxes subsequently levied by or for the benefit of any public body
13186+11 entitled to a distribution of property taxes on taxable property in the
13187+12 allocation area be allocated and distributed as follows:
13188+13 (1) Except as otherwise provided in this section, the proceeds of
13189+14 the taxes attributable to the lesser of:
13190+15 (A) the assessed value of the property for the assessment date
13191+16 with respect to which the allocation and distribution is made;
13192+17 or
13193+18 (B) the base assessed value;
13194+19 shall be allocated to and, when collected, paid into the funds of
13195+20 the respective taxing units.
13196+21 (2) This subdivision applies to a fire protection territory
13197+22 established after December 31, 2022. If a unit becomes a
13198+23 participating unit of a fire protection territory that is established
13199+24 after a declaratory resolution is adopted under section 15 of this
13200+25 chapter, the excess of the proceeds of the property taxes
13201+26 attributable to an increase in the property tax rate for the
13202+27 participating unit of a fire protection territory:
13203+28 (A) except as otherwise provided by this subdivision, shall be
13204+29 determined as follows:
13205+30 STEP ONE: Divide the unit's tax rate for fire protection for
13206+31 the year before the establishment of the fire protection
13207+32 territory by the participating unit's tax rate as part of the fire
13208+33 protection territory.
13209+34 STEP TWO: Subtract the STEP ONE amount from one (1).
13210+35 STEP THREE: Multiply the STEP TWO amount by the
13211+36 allocated property tax attributable to the participating unit of
13212+37 the fire protection territory; and
13213+38 (B) to the extent not otherwise included in subdivisions (1)
13214+39 and (3), the amount determined under STEP THREE of clause
13215+40 (A) shall be allocated to and distributed in the form of an
13216+41 allocated property tax revenue pass back to the participating
13217+42 unit of the fire protection territory for the assessment date with
13218+ES 1—LS 7244/DI 120 305
13219+1 respect to which the allocation is made.
13220+2 However, if the redevelopment commission determines that it is
13221+3 unable to meet its debt service obligations with regards to the
13222+4 allocation area without all or part of the allocated property tax
13223+5 revenue pass back to the participating unit of a fire protection area
13224+6 under this subdivision, then the allocated property tax revenue
13225+7 pass back under this subdivision shall be reduced by the amount
13226+8 necessary for the redevelopment commission to meet its debt
13227+9 service obligations of the allocation area. The calculation under
13228+10 this subdivision must be made by the redevelopment commission
13229+11 in collaboration with the county auditor and the applicable fire
13230+12 protection territory. Any calculation determined according to
13231+13 clause (A) must be submitted to the department of local
13232+14 government finance in the manner prescribed by the department
13233+15 of local government finance. The department of local government
13234+16 finance shall verify the accuracy of each calculation.
13235+17 (3) The excess of the proceeds of the property taxes imposed for
13236+18 the assessment date with respect to which the allocation and
13237+19 distribution is made that are attributable to taxes imposed after
13238+20 being approved by the voters in a referendum or local public
13239+21 question conducted after April 30, 2010, not otherwise included
13240+22 in subdivisions (1) and (2) shall be allocated to and, when
13241+23 collected, paid into the funds of the taxing unit for which the
13242+24 referendum or local public question was conducted.
13243+25 (4) Except as otherwise provided in this section, property tax
13244+26 proceeds in excess of those described in subdivisions (1), (2), and
13245+27 (3) shall be allocated to the redevelopment district and, when
13246+28 collected, paid into an allocation fund for that allocation area that
13247+29 may be used by the redevelopment district only to do one (1) or
13248+30 more of the following:
13249+31 (A) Pay the principal of and interest on any obligations
13250+32 payable solely from allocated tax proceeds which are incurred
13251+33 by the redevelopment district for the purpose of financing or
13252+34 refinancing the redevelopment of that allocation area.
13253+35 (B) Establish, augment, or restore the debt service reserve for
13254+36 bonds payable solely or in part from allocated tax proceeds in
13255+37 that allocation area.
13256+38 (C) Pay the principal of and interest on bonds payable from
13257+39 allocated tax proceeds in that allocation area and from the
13258+40 special tax levied under section 27 of this chapter.
13259+41 (D) Pay the principal of and interest on bonds issued by the
13260+42 unit to pay for local public improvements that are physically
13261+ES 1—LS 7244/DI 120 306
13262+1 located in or physically connected to that allocation area.
13263+2 (E) Pay premiums on the redemption before maturity of bonds
13264+3 payable solely or in part from allocated tax proceeds in that
13265+4 allocation area.
13266+5 (F) Make payments on leases payable from allocated tax
13267+6 proceeds in that allocation area under section 25.2 of this
13268+7 chapter.
13269+8 (G) Reimburse the unit for expenditures made by it for local
13270+9 public improvements (which include buildings, parking
13271+10 facilities, and other items described in section 25.1(a) of this
13272+11 chapter) that are physically located in or physically connected
13273+12 to that allocation area.
13274+13 (H) Reimburse the unit for rentals paid by it for a building or
13275+14 parking facility that is physically located in or physically
13276+15 connected to that allocation area under any lease entered into
13277+16 under IC 36-1-10.
13278+17 (I) For property taxes first due and payable before January 1,
13279+18 2009, pay all or a part of a property tax replacement credit to
13280+19 taxpayers in an allocation area as determined by the
13281+20 redevelopment commission. This credit equals the amount
13282+21 determined under the following STEPS for each taxpayer in a
13283+22 taxing district (as defined in IC 6-1.1-1-20) that contains all or
13284+23 part of the allocation area:
13285+24 STEP ONE: Determine that part of the sum of the amounts
13286+25 under IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2),
13287+26 IC 6-1.1-21-2(g)(3), IC 6-1.1-21-2(g)(4), and
13288+27 IC 6-1.1-21-2(g)(5) (before their repeal) that is attributable to
13289+28 the taxing district.
13290+29 STEP TWO: Divide:
13291+30 (i) that part of each county's eligible property tax
13292+31 replacement amount (as defined in IC 6-1.1-21-2 (before its
13293+32 repeal)) for that year as determined under IC 6-1.1-21-4
13294+33 (before its repeal) that is attributable to the taxing district;
13295+34 by
13296+35 (ii) the STEP ONE sum.
13297+36 STEP THREE: Multiply:
13298+37 (i) the STEP TWO quotient; times
13299+38 (ii) the total amount of the taxpayer's taxes (as defined in
13300+39 IC 6-1.1-21-2 (before its repeal)) levied in the taxing district
13301+40 that have been allocated during that year to an allocation
13302+41 fund under this section.
13303+42 If not all the taxpayers in an allocation area receive the credit
13304+ES 1—LS 7244/DI 120 307
13305+1 in full, each taxpayer in the allocation area is entitled to
13306+2 receive the same proportion of the credit. A taxpayer may not
13307+3 receive a credit under this section and a credit under section
13308+4 39.5 of this chapter (before its repeal) in the same year.
13309+5 (J) Pay expenses incurred by the redevelopment commission
13310+6 for local public improvements that are in the allocation area or
13311+7 serving the allocation area. Public improvements include
13312+8 buildings, parking facilities, and other items described in
13313+9 section 25.1(a) of this chapter.
13314+10 (K) Reimburse public and private entities for expenses
13315+11 incurred in training employees of industrial facilities that are
13316+12 located:
13317+13 (i) in the allocation area; and
13318+14 (ii) on a parcel of real property that has been classified as
13319+15 industrial property under the rules of the department of local
13320+16 government finance.
13321+17 However, the total amount of money spent for this purpose in
13322+18 any year may not exceed the total amount of money in the
13323+19 allocation fund that is attributable to property taxes paid by the
13324+20 industrial facilities described in this clause. The
13325+21 reimbursements under this clause must be made within three
13326+22 (3) years after the date on which the investments that are the
13327+23 basis for the increment financing are made.
13328+24 (L) Pay the costs of carrying out an eligible efficiency project
13329+25 (as defined in IC 36-9-41-1.5) within the unit that established
13330+26 the redevelopment commission. However, property tax
13331+27 proceeds may be used under this clause to pay the costs of
13332+28 carrying out an eligible efficiency project only if those
13333+29 property tax proceeds exceed the amount necessary to do the
13334+30 following:
13335+31 (i) Make, when due, any payments required under clauses
13336+32 (A) through (K), including any payments of principal and
13337+33 interest on bonds and other obligations payable under this
13338+34 subdivision, any payments of premiums under this
13339+35 subdivision on the redemption before maturity of bonds, and
13340+36 any payments on leases payable under this subdivision.
13341+37 (ii) Make any reimbursements required under this
13342+38 subdivision.
13343+39 (iii) Pay any expenses required under this subdivision.
13344+40 (iv) Establish, augment, or restore any debt service reserve
13345+41 under this subdivision.
13346+42 (M) Expend money and provide financial assistance as
13347+ES 1—LS 7244/DI 120 308
13348+1 authorized in section 12.2(a)(27) of this chapter.
13349+2 (N) Expend revenues that are allocated for police and fire
13350+3 services on both capital expenditures and operating expenses
13351+4 as authorized in section 12.2(a)(28) of this chapter.
13352+5 The allocation fund may not be used for operating expenses of the
13353+6 commission.
13354+7 (5) Except as provided in subsection (g), before June 15 of each
13355+8 year, the commission shall do the following:
13356+9 (A) Determine the amount, if any, by which the assessed value
13357+10 of the taxable property in the allocation area for the most
13358+11 recent assessment date minus the base assessed value, when
13359+12 multiplied by the estimated tax rate of the allocation area, will
13360+13 exceed the amount of assessed value needed to produce the
13361+14 property taxes necessary to make, when due, principal and
13362+15 interest payments on bonds described in subdivision (4), plus
13363+16 the amount necessary for other purposes described in
13364+17 subdivision (4).
13365+18 (B) Provide a written notice to the county auditor, the fiscal
13366+19 body of the county or municipality that established the
13367+20 department of redevelopment, and the officers who are
13368+21 authorized to fix budgets, tax rates, and tax levies under
13369+22 IC 6-1.1-17-5 for each of the other taxing units that is wholly
13370+23 or partly located within the allocation area. The county auditor,
13371+24 upon receiving the notice, shall forward this notice (in an
13372+25 electronic format) to the department of local government
13373+26 finance not later than June 15 of each year. The notice must:
13374+27 (i) state the amount, if any, of excess assessed value that the
13375+28 commission has determined may be allocated to the
13376+29 respective taxing units in the manner prescribed in
13377+30 subdivision (1); or
13378+31 (ii) state that the commission has determined that there is no
13379+32 excess assessed value that may be allocated to the respective
13380+33 taxing units in the manner prescribed in subdivision (1).
13381+34 The county auditor shall allocate to the respective taxing units
13382+35 the amount, if any, of excess assessed value determined by the
13383+36 commission. The commission may not authorize an allocation
13384+37 of assessed value to the respective taxing units under this
13385+38 subdivision if to do so would endanger the interests of the
13386+39 holders of bonds described in subdivision (4) or lessors under
13387+40 section 25.3 of this chapter.
13388+41 (C) If:
13389+42 (i) the amount of excess assessed value determined by the
13390+ES 1—LS 7244/DI 120 309
13391+1 commission is expected to generate more than two hundred
13392+2 percent (200%) of the amount of allocated tax proceeds
13393+3 necessary to make, when due, principal and interest
13394+4 payments on bonds described in subdivision (4); plus
13395+5 (ii) the amount necessary for other purposes described in
13396+6 subdivision (4);
13397+7 the commission shall submit to the legislative body of the unit
13398+8 its determination of the excess assessed value that the
13399+9 commission proposes to allocate to the respective taxing units
13400+10 in the manner prescribed in subdivision (1). The legislative
13401+11 body of the unit may approve the commission's determination
13402+12 or modify the amount of the excess assessed value that will be
13403+13 allocated to the respective taxing units in the manner
13404+14 prescribed in subdivision (1).
13405+15 (6) Notwithstanding subdivision (5), in the case of an allocation
13406+16 area that is established after June 30, 2019, and that is located in
13407+17 a redevelopment project area described in section 25.1(c)(3)(C)
13408+18 of this chapter, an economic development area described in
13409+19 section 25.1(c)(3)(C) of this chapter, or an urban renewal project
13410+20 area described in section 25.1(c)(3)(C) of this chapter, for each
13411+21 year the allocation provision is in effect, if the amount of excess
13412+22 assessed value determined by the commission under subdivision
13413+23 (5)(A) is expected to generate more than two hundred percent
13414+24 (200%) of:
13415+25 (A) the amount of allocated tax proceeds necessary to make,
13416+26 when due, principal and interest payments on bonds described
13417+27 in subdivision (4) for the project; plus
13418+28 (B) the amount necessary for other purposes described in
13419+29 subdivision (4) for the project;
13420+30 the amount of the excess assessed value that generates more than
13421+31 two hundred percent (200%) of the amounts described in clauses
13422+32 (A) and (B) shall be allocated to the respective taxing units in the
13423+33 manner prescribed by subdivision (1).
13424+34 (c) For the purpose of allocating taxes levied by or for any taxing
13425+35 unit or units, the assessed value of taxable property in a territory in the
13426+36 allocation area that is annexed by any taxing unit after the effective
13427+37 date of the allocation provision of the declaratory resolution is the
13428+38 lesser of:
13429+39 (1) the assessed value of the property for the assessment date with
13430+40 respect to which the allocation and distribution is made; or
13431+41 (2) the base assessed value.
13432+42 (d) Property tax proceeds allocable to the redevelopment district
13433+ES 1—LS 7244/DI 120 310
13434+1 under subsection (b)(4) may, subject to subsection (b)(5), be
13435+2 irrevocably pledged by the redevelopment district for payment as set
13436+3 forth in subsection (b)(4).
13437+4 (e) Notwithstanding any other law, each assessor shall, upon
13438+5 petition of the redevelopment commission, reassess the taxable
13439+6 property situated upon or in, or added to, the allocation area, effective
13440+7 on the next assessment date after the petition.
13441+8 (f) Notwithstanding any other law, the assessed value of all taxable
13442+9 property in the allocation area, for purposes of tax limitation, property
13443+10 tax replacement, and formulation of the budget, tax rate, and tax levy
13444+11 for each political subdivision in which the property is located is the
13445+12 lesser of:
13446+13 (1) the assessed value of the property as valued without regard to
13447+14 this section; or
13448+15 (2) the base assessed value.
13449+16 (g) If any part of the allocation area is located in an enterprise zone
13450+17 created under IC 5-28-15, the unit that designated the allocation area
13451+18 shall create funds as specified in this subsection. A unit that has
13452+19 obligations, bonds, or leases payable from allocated tax proceeds under
13453+20 subsection (b)(4) shall establish an allocation fund for the purposes
13454+21 specified in subsection (b)(4) and a special zone fund. Such a unit
13455+22 shall, until the end of the enterprise zone phase out period, deposit each
13456+23 year in the special zone fund any amount in the allocation fund derived
13457+24 from property tax proceeds in excess of those described in subsection
13458+25 (b)(1), (b)(2), and (b)(3) from property located in the enterprise zone
13459+26 that exceeds the amount sufficient for the purposes specified in
13460+27 subsection (b)(4) for the year. The amount sufficient for purposes
13461+28 specified in subsection (b)(4) for the year shall be determined based on
13462+29 the pro rata portion of such current property tax proceeds from the part
13463+30 of the enterprise zone that is within the allocation area as compared to
13464+31 all such current property tax proceeds derived from the allocation area.
13465+32 A unit that has no obligations, bonds, or leases payable from allocated
13466+33 tax proceeds under subsection (b)(4) shall establish a special zone fund
13467+34 and deposit all the property tax proceeds in excess of those described
13468+35 in subsection (b)(1), (b)(2), and (b)(3) in the fund derived from
13469+36 property tax proceeds in excess of those described in subsection (b)(1),
13470+37 (b)(2), and (b)(3) from property located in the enterprise zone. The unit
13471+38 that creates the special zone fund shall use the fund (based on the
13472+39 recommendations of the urban enterprise association) for programs in
13473+40 job training, job enrichment, and basic skill development that are
13474+41 designed to benefit residents and employers in the enterprise zone or
13475+42 other purposes specified in subsection (b)(4), except that where
13476+ES 1—LS 7244/DI 120 311
13477+1 reference is made in subsection (b)(4) to allocation area it shall refer
13478+2 for purposes of payments from the special zone fund only to that part
13479+3 of the allocation area that is also located in the enterprise zone. Those
13480+4 programs shall reserve at least one-half (1/2) of their enrollment in any
13481+5 session for residents of the enterprise zone.
13482+6 (h) The state board of accounts and department of local government
13483+7 finance shall make the rules and prescribe the forms and procedures
13484+8 that they consider expedient for the implementation of this chapter.
13485+9 After each reassessment in an area under a reassessment plan prepared
13486+10 under IC 6-1.1-4-4.2, the department of local government finance shall
13487+11 adjust the base assessed value one (1) time to neutralize any effect of
13488+12 the reassessment of the real property in the area on the property tax
13489+13 proceeds allocated to the redevelopment district under this section.
13490+14 After each annual adjustment under IC 6-1.1-4-4.5, the department of
13491+15 local government finance shall adjust the base assessed value one (1)
13492+16 time to neutralize any effect of the annual adjustment on the property
13493+17 tax proceeds allocated to the redevelopment district under this section.
13494+18 However, the adjustments under this subsection:
13495+19 (1) may not include the effect of phasing in assessed value due to
13496+20 property tax abatements under IC 6-1.1-12.1;
13497+21 (2) may not produce less property tax proceeds allocable to the
13498+22 redevelopment district under subsection (b)(4) than would
13499+23 otherwise have been received if the reassessment under the
13500+24 reassessment plan or the annual adjustment had not occurred; and
13501+25 (3) may decrease base assessed value only to the extent that
13502+26 assessed values in the allocation area have been decreased due to
13503+27 annual adjustments or the reassessment under the reassessment
13504+28 plan.
13505+29 Assessed value increases attributable to the application of an abatement
13506+30 schedule under IC 6-1.1-12.1 may not be included in the base assessed
13507+31 value of an allocation area. The department of local government
13508+32 finance may prescribe procedures for county and township officials to
13509+33 follow to assist the department in making the adjustments.
13510+34 (i) The allocation deadline referred to in subsection (b) is
13511+35 determined in the following manner:
13512+36 (1) The initial allocation deadline is December 31, 2011.
13513+37 (2) Subject to subdivision (3), the initial allocation deadline and
13514+38 subsequent allocation deadlines are automatically extended in
13515+39 increments of five (5) years, so that allocation deadlines
13516+40 subsequent to the initial allocation deadline fall on December 31,
13517+41 2016, and December 31 of each fifth year thereafter.
13518+42 (3) At least one (1) year before the date of an allocation deadline
13519+ES 1—LS 7244/DI 120 312
13520+1 determined under subdivision (2), the general assembly may enact
13521+2 a law that:
13522+3 (A) terminates the automatic extension of allocation deadlines
13523+4 under subdivision (2); and
13524+5 (B) specifically designates a particular date as the final
13525+6 allocation deadline.
13526+7 (j) If a redevelopment commission adopts a declaratory resolution
13527+8 or an amendment to a declaratory resolution that contains an allocation
13528+9 provision and the redevelopment commission makes either of the
13529+10 filings required under section 17(e) of this chapter after the first
13530+11 anniversary of the effective date of the allocation provision, the auditor
13531+12 of the county in which the unit is located shall compute the base
13532+13 assessed value for the allocation area using the assessment date
13533+14 immediately preceding the later of:
13534+15 (1) the date on which the documents are filed with the county
13535+16 auditor; or
13536+17 (2) the date on which the documents are filed with the department
13537+18 of local government finance.
13538+19 (k) For an allocation area established after June 30, 2025,
13539+20 "residential property" refers to the assessed value of property that is
13540+21 allocated to the one percent (1%) homestead land and improvement
13541+22 categories in the county tax and billing software system, along with the
13542+23 residential assessed value as defined for purposes of calculating the
13543+24 rate for the local income tax property tax relief credit designated for
13544+25 residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
13545+26 SECTION 235. IC 36-7-15.1-26, AS AMENDED BY P.L.174-2022,
13546+27 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13547+28 JULY 1, 2027]: Sec. 26. (a) As used in this section:
13548+29 "Allocation area" means that part of a redevelopment project area
13549+30 to which an allocation provision of a resolution adopted under section
13550+31 8 of this chapter refers for purposes of distribution and allocation of
13551+32 property taxes.
13552+33 "Base assessed value" means, subject to subsection (j), the
13553+34 following:
13554+35 (1) If an allocation provision is adopted after June 30, 1995, in a
13555+36 declaratory resolution or an amendment to a declaratory
13556+37 resolution establishing an economic development area:
13557+38 (A) the net assessed value of all the property as finally
13558+39 determined for the assessment date immediately preceding the
13559+40 effective date of the allocation provision of the declaratory
13560+41 resolution, as adjusted under subsection (h); plus
13561+42 (B) to the extent that it is not included in clause (A), the net
13562+ES 1—LS 7244/DI 120 313
13563+1 assessed value of property that is assessed as residential
13564+2 property under the rules of the department of local government
13565+3 finance, within the allocation area, as finally determined for
13566+4 the current assessment date.
13567+5 (2) If an allocation provision is adopted after June 30, 1997, in a
13568+6 declaratory resolution or an amendment to a declaratory
13569+7 resolution establishing a redevelopment project area:
13570+8 (A) the net assessed value of all the property as finally
13571+9 determined for the assessment date immediately preceding the
13572+10 effective date of the allocation provision of the declaratory
13573+11 resolution, as adjusted under subsection (h); plus
13574+12 (B) to the extent that it is not included in clause (A), the net
13575+13 assessed value of property that is assessed as residential
13576+14 property under the rules of the department of local government
13577+15 finance, within the allocation area, as finally determined for
13578+16 the current assessment date.
13579+17 (3) If:
13580+18 (A) an allocation provision adopted before June 30, 1995, in
13581+19 a declaratory resolution or an amendment to a declaratory
13582+20 resolution establishing a redevelopment project area expires
13583+21 after June 30, 1997; and
13584+22 (B) after June 30, 1997, a new allocation provision is included
13585+23 in an amendment to the declaratory resolution;
13586+24 the net assessed value of all the property as finally determined for
13587+25 the assessment date immediately preceding the effective date of
13588+26 the allocation provision adopted after June 30, 1997, as adjusted
13589+27 under subsection (h).
13590+28 (4) Except as provided in subdivision (5), for all other allocation
13591+29 areas, the net assessed value of all the property as finally
13592+30 determined for the assessment date immediately preceding the
13593+31 effective date of the allocation provision of the declaratory
13594+32 resolution, as adjusted under subsection (h).
13595+33 (5) If an allocation area established in an economic development
13596+34 area before July 1, 1995, is expanded after June 30, 1995, the
13597+35 definition in subdivision (1) applies to the expanded part of the
13598+36 area added after June 30, 1995.
13599+37 (6) If an allocation area established in a redevelopment project
13600+38 area before July 1, 1997, is expanded after June 30, 1997, the
13601+39 definition in subdivision (2) applies to the expanded part of the
13602+40 area added after June 30, 1997.
13603+41 Except as provided in section 26.2 of this chapter, "property taxes"
13604+42 means taxes imposed under IC 6-1.1 on real property. However, upon
13605+ES 1—LS 7244/DI 120 314
13606+1 approval by a resolution of the redevelopment commission adopted
13607+2 before June 1, 1987, "property taxes" also includes taxes imposed
13608+3 under IC 6-1.1 on depreciable personal property. If a redevelopment
13609+4 commission adopted before June 1, 1987, a resolution to include within
13610+5 the definition of property taxes, taxes imposed under IC 6-1.1 on
13611+6 depreciable personal property that has a useful life in excess of eight
13612+7 (8) years, the commission may by resolution determine the percentage
13613+8 of taxes imposed under IC 6-1.1 on all depreciable personal property
13614+9 that will be included within the definition of property taxes. However,
13615+10 the percentage included must not exceed twenty-five percent (25%) of
13616+11 the taxes imposed under IC 6-1.1 on all depreciable personal property.
13617+12 (b) A resolution adopted under section 8 of this chapter on or before
13618+13 the allocation deadline determined under subsection (i) may include a
13619+14 provision with respect to the allocation and distribution of property
13620+15 taxes for the purposes and in the manner provided in this section. A
13621+16 resolution previously adopted may include an allocation provision by
13622+17 the amendment of that resolution on or before the allocation deadline
13623+18 determined under subsection (i) in accordance with the procedures
13624+19 required for its original adoption. A declaratory resolution or
13625+20 amendment that establishes an allocation provision must include a
13626+21 specific finding of fact, supported by evidence, that the adoption of the
13627+22 allocation provision will result in new property taxes in the area that
13628+23 would not have been generated but for the adoption of the allocation
13629+24 provision. For an allocation area established before July 1, 1995, the
13630+25 expiration date of any allocation provisions for the allocation area is
13631+26 June 30, 2025, or the last date of any obligations that are outstanding
13632+27 on July 1, 2015, whichever is later. However, for an allocation area
13633+28 identified as the Consolidated Allocation Area in the report submitted
13634+29 in 2013 to the fiscal body under section 36.3 of this chapter, the
13635+30 expiration date of any allocation provisions for the allocation area is
13636+31 January 1, 2051. A declaratory resolution or an amendment that
13637+32 establishes an allocation provision after June 30, 1995, must specify an
13638+33 expiration date for the allocation provision. For an allocation area
13639+34 established before July 1, 2008, the expiration date may not be more
13640+35 than thirty (30) years after the date on which the allocation provision
13641+36 is established. For an allocation area established after June 30, 2008,
13642+37 the expiration date may not be more than twenty-five (25) years after
13643+38 the date on which the first obligation was incurred to pay principal and
13644+39 interest on bonds or lease rentals on leases payable from tax increment
13645+40 revenues. However, with respect to bonds or other obligations that were
13646+41 issued before July 1, 2008, if any of the bonds or other obligations that
13647+42 were scheduled when issued to mature before the specified expiration
13648+ES 1—LS 7244/DI 120 315
13649+1 date and that are payable only from allocated tax proceeds with respect
13650+2 to the allocation area remain outstanding as of the expiration date, the
13651+3 allocation provision does not expire until all of the bonds or other
13652+4 obligations are no longer outstanding. The allocation provision may
13653+5 apply to all or part of the redevelopment project area. The allocation
13654+6 provision must require that any property taxes subsequently levied by
13655+7 or for the benefit of any public body entitled to a distribution of
13656+8 property taxes on taxable property in the allocation area be allocated
13657+9 and distributed as follows:
13658+10 (1) Except as otherwise provided in this section, the proceeds of
13659+11 the taxes attributable to the lesser of:
13660+12 (A) the assessed value of the property for the assessment date
13661+13 with respect to which the allocation and distribution is made;
13662+14 or
13663+15 (B) the base assessed value;
13664+16 shall be allocated to and, when collected, paid into the funds of
13665+17 the respective taxing units.
13666+18 (2) The excess of the proceeds of the property taxes imposed for
13667+19 the assessment date with respect to which the allocation and
13668+20 distribution is made that are attributable to taxes imposed after
13669+21 being approved by the voters in a referendum or local public
13670+22 question conducted after April 30, 2010, not otherwise included
13671+23 in subdivision (1) shall be allocated to and, when collected, paid
13672+24 into the funds of the taxing unit for which the referendum or local
13673+25 public question was conducted.
13674+26 (3) Except as otherwise provided in this section, property tax
13675+27 proceeds in excess of those described in subdivisions (1) and (2)
13676+28 shall be allocated to the redevelopment district and, when
13677+29 collected, paid into a special fund for that allocation area that may
13678+30 be used by the redevelopment district only to do one (1) or more
13679+31 of the following:
13680+32 (A) Pay the principal of and interest on any obligations
13681+33 payable solely from allocated tax proceeds that are incurred by
13682+34 the redevelopment district for the purpose of financing or
13683+35 refinancing the redevelopment of that allocation area.
13684+36 (B) Establish, augment, or restore the debt service reserve for
13685+37 bonds payable solely or in part from allocated tax proceeds in
13686+38 that allocation area.
13687+39 (C) Pay the principal of and interest on bonds payable from
13688+40 allocated tax proceeds in that allocation area and from the
13689+41 special tax levied under section 19 of this chapter.
13690+42 (D) Pay the principal of and interest on bonds issued by the
13691+ES 1—LS 7244/DI 120 316
13692+1 consolidated city to pay for local public improvements that are
13693+2 physically located in or physically connected to that allocation
13694+3 area.
13695+4 (E) Pay premiums on the redemption before maturity of bonds
13696+5 payable solely or in part from allocated tax proceeds in that
13697+6 allocation area.
13698+7 (F) Make payments on leases payable from allocated tax
13699+8 proceeds in that allocation area under section 17.1 of this
13700+9 chapter.
13701+10 (G) Reimburse the consolidated city for expenditures for local
13702+11 public improvements (which include buildings, parking
13703+12 facilities, and other items set forth in section 17 of this
13704+13 chapter) that are physically located in or physically connected
13705+14 to that allocation area.
13706+15 (H) Reimburse the unit for rentals paid by it for a building or
13707+16 parking facility that is physically located in or physically
13708+17 connected to that allocation area under any lease entered into
13709+18 under IC 36-1-10.
13710+19 (I) Reimburse public and private entities for expenses incurred
13711+20 in training employees of industrial facilities that are located:
13712+21 (i) in the allocation area; and
13713+22 (ii) on a parcel of real property that has been classified as
13714+23 industrial property under the rules of the department of local
13715+24 government finance.
13716+25 However, the total amount of money spent for this purpose in
13717+26 any year may not exceed the total amount of money in the
13718+27 allocation fund that is attributable to property taxes paid by the
13719+28 industrial facilities described in this clause. The
13720+29 reimbursements under this clause must be made within three
13721+30 (3) years after the date on which the investments that are the
13722+31 basis for the increment financing are made.
13723+32 (J) Pay the costs of carrying out an eligible efficiency project
13724+33 (as defined in IC 36-9-41-1.5) within the unit that established
13725+34 the redevelopment commission. However, property tax
13726+35 proceeds may be used under this clause to pay the costs of
13727+36 carrying out an eligible efficiency project only if those
13728+37 property tax proceeds exceed the amount necessary to do the
13729+38 following:
13730+39 (i) Make, when due, any payments required under clauses
13731+40 (A) through (I), including any payments of principal and
13732+41 interest on bonds and other obligations payable under this
13733+42 subdivision, any payments of premiums under this
13734+ES 1—LS 7244/DI 120 317
13735+1 subdivision on the redemption before maturity of bonds, and
13736+2 any payments on leases payable under this subdivision.
13737+3 (ii) Make any reimbursements required under this
13738+4 subdivision.
13739+5 (iii) Pay any expenses required under this subdivision.
13740+6 (iv) Establish, augment, or restore any debt service reserve
13741+7 under this subdivision.
13742+8 (K) Expend money and provide financial assistance as
13743+9 authorized in section 7(a)(21) of this chapter.
13744+10 The special fund may not be used for operating expenses of the
13745+11 commission.
13746+12 (4) Before June 15 of each year, the commission shall do the
13747+13 following:
13748+14 (A) Determine the amount, if any, by which the assessed value
13749+15 of the taxable property in the allocation area for the most
13750+16 recent assessment date minus the base assessed value, when
13751+17 multiplied by the estimated tax rate of the allocation area will
13752+18 exceed the amount of assessed value needed to provide the
13753+19 property taxes necessary to make, when due, principal and
13754+20 interest payments on bonds described in subdivision (3) plus
13755+21 the amount necessary for other purposes described in
13756+22 subdivision (3) and subsection (g).
13757+23 (B) Provide a written notice to the county auditor, the
13758+24 legislative body of the consolidated city, the officers who are
13759+25 authorized to fix budgets, tax rates, and tax levies under
13760+26 IC 6-1.1-17-5 for each of the other taxing units that is wholly
13761+27 or partly located within the allocation area, and (in an
13762+28 electronic format) the department of local government finance.
13763+29 The notice must:
13764+30 (i) state the amount, if any, of excess assessed value that the
13765+31 commission has determined may be allocated to the
13766+32 respective taxing units in the manner prescribed in
13767+33 subdivision (1); or
13768+34 (ii) state that the commission has determined that there is no
13769+35 excess assessed value that may be allocated to the respective
13770+36 taxing units in the manner prescribed in subdivision (1).
13771+37 The county auditor shall allocate to the respective taxing units
13772+38 the amount, if any, of excess assessed value determined by the
13773+39 commission. The commission may not authorize an allocation
13774+40 to the respective taxing units under this subdivision if to do so
13775+41 would endanger the interests of the holders of bonds described
13776+42 in subdivision (3).
13777+ES 1—LS 7244/DI 120 318
13778+1 (C) If:
13779+2 (i) the amount of excess assessed value determined by the
13780+3 commission is expected to generate more than two hundred
13781+4 percent (200%) of the amount of allocated tax proceeds
13782+5 necessary to make, when due, principal and interest
13783+6 payments on bonds described in subdivision (3); plus
13784+7 (ii) the amount necessary for other purposes described in
13785+8 subdivision (3) and subsection (g);
13786+9 the commission shall submit to the legislative body of the unit
13787+10 the commission's determination of the excess assessed value
13788+11 that the commission proposes to allocate to the respective
13789+12 taxing units in the manner prescribed in subdivision (1). The
13790+13 legislative body of the unit may approve the commission's
13791+14 determination or modify the amount of the excess assessed
13792+15 value that will be allocated to the respective taxing units in the
13793+16 manner prescribed in subdivision (1).
13794+17 (c) For the purpose of allocating taxes levied by or for any taxing
13795+18 unit or units, the assessed value of taxable property in a territory in the
13796+19 allocation area that is annexed by any taxing unit after the effective
13797+20 date of the allocation provision of the resolution is the lesser of:
13798+21 (1) the assessed value of the property for the assessment date with
13799+22 respect to which the allocation and distribution is made; or
13800+23 (2) the base assessed value.
13801+24 (d) Property tax proceeds allocable to the redevelopment district
13802+25 under subsection (b)(3) may, subject to subsection (b)(4), be
13803+26 irrevocably pledged by the redevelopment district for payment as set
13804+27 forth in subsection (b)(3).
13805+28 (e) Notwithstanding any other law, each assessor shall, upon
13806+29 petition of the commission, reassess the taxable property situated upon
13807+30 or in, or added to, the allocation area, effective on the next assessment
13808+31 date after the petition.
13809+32 (f) Notwithstanding any other law, the assessed value of all taxable
13810+33 property in the allocation area, for purposes of tax limitation, property
13811+34 tax replacement, and formulation of the budget, tax rate, and tax levy
13812+35 for each political subdivision in which the property is located is the
13813+36 lesser of:
13814+37 (1) the assessed value of the property as valued without regard to
13815+38 this section; or
13816+39 (2) the base assessed value.
13817+40 (g) If any part of the allocation area is located in an enterprise zone
13818+41 created under IC 5-28-15, the unit that designated the allocation area
13819+42 shall create funds as specified in this subsection. A unit that has
13820+ES 1—LS 7244/DI 120 319
13821+1 obligations, bonds, or leases payable from allocated tax proceeds under
13822+2 subsection (b)(3) shall establish an allocation fund for the purposes
13823+3 specified in subsection (b)(3) and a special zone fund. Such a unit
13824+4 shall, until the end of the enterprise zone phase out period, deposit each
13825+5 year in the special zone fund the amount in the allocation fund derived
13826+6 from property tax proceeds in excess of those described in subsection
13827+7 (b)(1) and (b)(2) from property located in the enterprise zone that
13828+8 exceeds the amount sufficient for the purposes specified in subsection
13829+9 (b)(3) for the year. A unit that has no obligations, bonds, or leases
13830+10 payable from allocated tax proceeds under subsection (b)(3) shall
13831+11 establish a special zone fund and deposit all the property tax proceeds
13832+12 in excess of those described in subsection (b)(1) and (b)(2) in the fund
13833+13 derived from property tax proceeds in excess of those described in
13834+14 subsection (b)(1) and (b)(2) from property located in the enterprise
13835+15 zone. The unit that creates the special zone fund shall use the fund,
13836+16 based on the recommendations of the urban enterprise association, for
13837+17 one (1) or more of the following purposes:
13838+18 (1) To pay for programs in job training, job enrichment, and basic
13839+19 skill development designed to benefit residents and employers in
13840+20 the enterprise zone. The programs must reserve at least one-half
13841+21 (1/2) of the enrollment in any session for residents of the
13842+22 enterprise zone.
13843+23 (2) To make loans and grants for the purpose of stimulating
13844+24 business activity in the enterprise zone or providing employment
13845+25 for enterprise zone residents in the enterprise zone. These loans
13846+26 and grants may be made to the following:
13847+27 (A) Businesses operating in the enterprise zone.
13848+28 (B) Businesses that will move their operations to the enterprise
13849+29 zone if such a loan or grant is made.
13850+30 (3) To provide funds to carry out other purposes specified in
13851+31 subsection (b)(3). However, where reference is made in
13852+32 subsection (b)(3) to the allocation area, the reference refers for
13853+33 purposes of payments from the special zone fund only to that part
13854+34 of the allocation area that is also located in the enterprise zone.
13855+35 (h) The state board of accounts and department of local government
13856+36 finance shall make the rules and prescribe the forms and procedures
13857+37 that they consider expedient for the implementation of this chapter.
13858+38 After each reassessment under a reassessment plan prepared under
13859+39 IC 6-1.1-4-4.2, the department of local government finance shall adjust
13860+40 the base assessed value one (1) time to neutralize any effect of the
13861+41 reassessment of the real property in the area on the property tax
13862+42 proceeds allocated to the redevelopment district under this section.
13863+ES 1—LS 7244/DI 120 320
13864+1 After each annual adjustment under IC 6-1.1-4-4.5, the department of
13865+2 local government finance shall adjust the base assessed value to
13866+3 neutralize any effect of the annual adjustment on the property tax
13867+4 proceeds allocated to the redevelopment district under this section.
13868+5 However, the adjustments under this subsection may not include the
13869+6 effect of property tax abatements under IC 6-1.1-12.1, and these
13870+7 adjustments may not produce less property tax proceeds allocable to
13871+8 the redevelopment district under subsection (b)(3) than would
13872+9 otherwise have been received if the reassessment under the
13873+10 reassessment plan or annual adjustment had not occurred. The
13874+11 department of local government finance may prescribe procedures for
13875+12 county and township officials to follow to assist the department in
13876+13 making the adjustments.
13877+14 (i) The allocation deadline referred to in subsection (b) is
13878+15 determined in the following manner:
13879+16 (1) The initial allocation deadline is December 31, 2011.
13880+17 (2) Subject to subdivision (3), the initial allocation deadline and
13881+18 subsequent allocation deadlines are automatically extended in
13882+19 increments of five (5) years, so that allocation deadlines
13883+20 subsequent to the initial allocation deadline fall on December 31,
13884+21 2016, and December 31 of each fifth year thereafter.
13885+22 (3) At least one (1) year before the date of an allocation deadline
13886+23 determined under subdivision (2), the general assembly may enact
13887+24 a law that:
13888+25 (A) terminates the automatic extension of allocation deadlines
13889+26 under subdivision (2); and
13890+27 (B) specifically designates a particular date as the final
13891+28 allocation deadline.
13892+29 (j) If the commission adopts a declaratory resolution or an
13893+30 amendment to a declaratory resolution that contains an allocation
13894+31 provision and the commission makes either of the filings required
13895+32 under section 10(e) of this chapter after the first anniversary of the
13896+33 effective date of the allocation provision, the auditor of the county in
13897+34 which the unit is located shall compute the base assessed value for the
13898+35 allocation area using the assessment date immediately preceding the
13899+36 later of:
13900+37 (1) the date on which the documents are filed with the county
13901+38 auditor; or
13902+39 (2) the date on which the documents are filed with the department
13903+40 of local government finance.
13904+41 (k) For an allocation area established after June 30, 2024,
13905+42 "residential property" refers to the assessed value of property that is
13906+ES 1—LS 7244/DI 120 321
13907+1 allocated to the one percent (1%) homestead land and improvement
13908+2 categories in the county tax and billing software system, along with the
13909+3 residential assessed value as defined for purposes of calculating the
13910+4 rate for the local income tax property tax relief credit designated for
13911+5 residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
13912+6 SECTION 236. IC 36-7-15.1-53, AS AMENDED BY P.L.174-2022,
13913+7 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13914+8 JULY 1, 2027]: Sec. 53. (a) As used in this section:
13915+9 "Allocation area" means that part of a redevelopment project area
13916+10 to which an allocation provision of a resolution adopted under section
13917+11 40 of this chapter refers for purposes of distribution and allocation of
13918+12 property taxes.
13919+13 "Base assessed value" means, subject to subsection (j):
13920+14 (1) the net assessed value of all the property as finally determined
13921+15 for the assessment date immediately preceding the effective date
13922+16 of the allocation provision of the declaratory resolution, as
13923+17 adjusted under subsection (h); plus
13924+18 (2) to the extent that it is not included in subdivision (1), the net
13925+19 assessed value of property that is assessed as residential property
13926+20 under the rules of the department of local government finance, as
13927+21 finally determined for the current assessment date.
13928+22 Except as provided in section 55 of this chapter, "property taxes"
13929+23 means taxes imposed under IC 6-1.1 on real property.
13930+24 (b) A resolution adopted under section 40 of this chapter on or
13931+25 before the allocation deadline determined under subsection (i) may
13932+26 include a provision with respect to the allocation and distribution of
13933+27 property taxes for the purposes and in the manner provided in this
13934+28 section. A resolution previously adopted may include an allocation
13935+29 provision by the amendment of that resolution on or before the
13936+30 allocation deadline determined under subsection (i) in accordance with
13937+31 the procedures required for its original adoption. A declaratory
13938+32 resolution or an amendment that establishes an allocation provision
13939+33 must be approved by resolution of the legislative body of the excluded
13940+34 city and must specify an expiration date for the allocation provision.
13941+35 For an allocation area established before July 1, 2008, the expiration
13942+36 date may not be more than thirty (30) years after the date on which the
13943+37 allocation provision is established. For an allocation area established
13944+38 after June 30, 2008, the expiration date may not be more than
13945+39 twenty-five (25) years after the date on which the first obligation was
13946+40 incurred to pay principal and interest on bonds or lease rentals on
13947+41 leases payable from tax increment revenues. However, with respect to
13948+42 bonds or other obligations that were issued before July 1, 2008, if any
13949+ES 1—LS 7244/DI 120 322
13950+1 of the bonds or other obligations that were scheduled when issued to
13951+2 mature before the specified expiration date and that are payable only
13952+3 from allocated tax proceeds with respect to the allocation area remain
13953+4 outstanding as of the expiration date, the allocation provision does not
13954+5 expire until all of the bonds or other obligations are no longer
13955+6 outstanding. The allocation provision may apply to all or part of the
13956+7 redevelopment project area. The allocation provision must require that
13957+8 any property taxes subsequently levied by or for the benefit of any
13958+9 public body entitled to a distribution of property taxes on taxable
13959+10 property in the allocation area be allocated and distributed as follows:
13960+11 (1) Except as otherwise provided in this section, the proceeds of
13961+12 the taxes attributable to the lesser of:
13962+13 (A) the assessed value of the property for the assessment date
13963+14 with respect to which the allocation and distribution is made;
13964+15 or
13965+16 (B) the base assessed value;
13966+17 shall be allocated to and, when collected, paid into the funds of
13967+18 the respective taxing units.
13968+19 (2) The excess of the proceeds of the property taxes imposed for
13969+20 the assessment date with respect to which the allocation and
13970+21 distribution is made that are attributable to taxes imposed after
13971+22 being approved by the voters in a referendum or local public
13972+23 question conducted after April 30, 2010, not otherwise included
13973+24 in subdivision (1) shall be allocated to and, when collected, paid
13974+25 into the funds of the taxing unit for which the referendum or local
13975+26 public question was conducted.
13976+27 (3) Except as otherwise provided in this section, property tax
13977+28 proceeds in excess of those described in subdivisions (1) and (2)
13978+29 shall be allocated to the redevelopment district and, when
13979+30 collected, paid into a special fund for that allocation area that may
13980+31 be used by the redevelopment district only to do one (1) or more
13981+32 of the following:
13982+33 (A) Pay the principal of and interest on any obligations
13983+34 payable solely from allocated tax proceeds that are incurred by
13984+35 the redevelopment district for the purpose of financing or
13985+36 refinancing the redevelopment of that allocation area.
13986+37 (B) Establish, augment, or restore the debt service reserve for
13987+38 bonds payable solely or in part from allocated tax proceeds in
13988+39 that allocation area.
13989+40 (C) Pay the principal of and interest on bonds payable from
13990+41 allocated tax proceeds in that allocation area and from the
13991+42 special tax levied under section 50 of this chapter.
13992+ES 1—LS 7244/DI 120 323
13993+1 (D) Pay the principal of and interest on bonds issued by the
13994+2 excluded city to pay for local public improvements that are
13995+3 physically located in or physically connected to that allocation
13996+4 area.
13997+5 (E) Pay premiums on the redemption before maturity of bonds
13998+6 payable solely or in part from allocated tax proceeds in that
13999+7 allocation area.
14000+8 (F) Make payments on leases payable from allocated tax
14001+9 proceeds in that allocation area under section 46 of this
14002+10 chapter.
14003+11 (G) Reimburse the excluded city for expenditures for local
14004+12 public improvements (which include buildings, park facilities,
14005+13 and other items set forth in section 45 of this chapter) that are
14006+14 physically located in or physically connected to that allocation
14007+15 area.
14008+16 (H) Reimburse the unit for rentals paid by it for a building or
14009+17 parking facility that is physically located in or physically
14010+18 connected to that allocation area under any lease entered into
14011+19 under IC 36-1-10.
14012+20 (I) Reimburse public and private entities for expenses incurred
14013+21 in training employees of industrial facilities that are located:
14014+22 (i) in the allocation area; and
14015+23 (ii) on a parcel of real property that has been classified as
14016+24 industrial property under the rules of the department of local
14017+25 government finance.
14018+26 However, the total amount of money spent for this purpose in
14019+27 any year may not exceed the total amount of money in the
14020+28 allocation fund that is attributable to property taxes paid by the
14021+29 industrial facilities described in this clause. The
14022+30 reimbursements under this clause must be made within three
14023+31 (3) years after the date on which the investments that are the
14024+32 basis for the increment financing are made.
14025+33 The special fund may not be used for operating expenses of the
14026+34 commission.
14027+35 (4) Before June 15 of each year, the commission shall do the
14028+36 following:
14029+37 (A) Determine the amount, if any, by which the assessed value
14030+38 of the taxable property in the allocation area for the most
14031+39 recent assessment date minus the base assessed value, when
14032+40 multiplied by the estimated tax rate of the allocation area, will
14033+41 exceed the amount of assessed value needed to provide the
14034+42 property taxes necessary to make, when due, principal and
14035+ES 1—LS 7244/DI 120 324
14036+1 interest payments on bonds described in subdivision (3) plus
14037+2 the amount necessary for other purposes described in
14038+3 subdivision (3) and subsection (g).
14039+4 (B) Provide a written notice to the county auditor, the fiscal
14040+5 body of the county or municipality that established the
14041+6 department of redevelopment, the officers who are authorized
14042+7 to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for
14043+8 each of the other taxing units that is wholly or partly located
14044+9 within the allocation area, and (in an electronic format) the
14045+10 department of local government finance. The notice must:
14046+11 (i) state the amount, if any, of excess assessed value that the
14047+12 commission has determined may be allocated to the
14048+13 respective taxing units in the manner prescribed in
14049+14 subdivision (1); or
14050+15 (ii) state that the commission has determined that there is no
14051+16 excess assessed value that may be allocated to the respective
14052+17 taxing units in the manner prescribed in subdivision (1).
14053+18 The county auditor shall allocate to the respective taxing units
14054+19 the amount, if any, of excess assessed value determined by the
14055+20 commission. The commission may not authorize an allocation
14056+21 to the respective taxing units under this subdivision if to do so
14057+22 would endanger the interests of the holders of bonds described
14058+23 in subdivision (3).
14059+24 (c) For the purpose of allocating taxes levied by or for any taxing
14060+25 unit or units, the assessed value of taxable property in a territory in the
14061+26 allocation area that is annexed by any taxing unit after the effective
14062+27 date of the allocation provision of the resolution is the lesser of:
14063+28 (1) the assessed value of the property for the assessment date with
14064+29 respect to which the allocation and distribution is made; or
14065+30 (2) the base assessed value.
14066+31 (d) Property tax proceeds allocable to the redevelopment district
14067+32 under subsection (b)(3) may, subject to subsection (b)(4), be
14068+33 irrevocably pledged by the redevelopment district for payment as set
14069+34 forth in subsection (b)(3).
14070+35 (e) Notwithstanding any other law, each assessor shall, upon
14071+36 petition of the commission, reassess the taxable property situated upon
14072+37 or in, or added to, the allocation area, effective on the next assessment
14073+38 date after the petition.
14074+39 (f) Notwithstanding any other law, the assessed value of all taxable
14075+40 property in the allocation area, for purposes of tax limitation, property
14076+41 tax replacement, and formulation of the budget, tax rate, and tax levy
14077+42 for each political subdivision in which the property is located, is the
14078+ES 1—LS 7244/DI 120 325
14079+1 lesser of:
14080+2 (1) the assessed value of the property as valued without regard to
14081+3 this section; or
14082+4 (2) the base assessed value.
14083+5 (g) If any part of the allocation area is located in an enterprise zone
14084+6 created under IC 5-28-15, the unit that designated the allocation area
14085+7 shall create funds as specified in this subsection. A unit that has
14086+8 obligations, bonds, or leases payable from allocated tax proceeds under
14087+9 subsection (b)(3) shall establish an allocation fund for the purposes
14088+10 specified in subsection (b)(3) and a special zone fund. Such a unit
14089+11 shall, until the end of the enterprise zone phase out period, deposit each
14090+12 year in the special zone fund the amount in the allocation fund derived
14091+13 from property tax proceeds in excess of those described in subsection
14092+14 (b)(1) and (b)(2) from property located in the enterprise zone that
14093+15 exceeds the amount sufficient for the purposes specified in subsection
14094+16 (b)(3) for the year. A unit that has no obligations, bonds, or leases
14095+17 payable from allocated tax proceeds under subsection (b)(3) shall
14096+18 establish a special zone fund and deposit all the property tax proceeds
14097+19 in excess of those described in subsection (b)(1) and (b)(2) in the fund
14098+20 derived from property tax proceeds in excess of those described in
14099+21 subsection (b)(1) and (b)(2) from property located in the enterprise
14100+22 zone. The unit that creates the special zone fund shall use the fund,
14101+23 based on the recommendations of the urban enterprise association, for
14102+24 one (1) or more of the following purposes:
14103+25 (1) To pay for programs in job training, job enrichment, and basic
14104+26 skill development designed to benefit residents and employers in
14105+27 the enterprise zone. The programs must reserve at least one-half
14106+28 (1/2) of the enrollment in any session for residents of the
14107+29 enterprise zone.
14108+30 (2) To make loans and grants for the purpose of stimulating
14109+31 business activity in the enterprise zone or providing employment
14110+32 for enterprise zone residents in an enterprise zone. These loans
14111+33 and grants may be made to the following:
14112+34 (A) Businesses operating in the enterprise zone.
14113+35 (B) Businesses that will move their operations to the enterprise
14114+36 zone if such a loan or grant is made.
14115+37 (3) To provide funds to carry out other purposes specified in
14116+38 subsection (b)(3). However, where reference is made in
14117+39 subsection (b)(3) to the allocation area, the reference refers, for
14118+40 purposes of payments from the special zone fund, only to that part
14119+41 of the allocation area that is also located in the enterprise zone.
14120+42 (h) The state board of accounts and department of local government
14121+ES 1—LS 7244/DI 120 326
14122+1 finance shall make the rules and prescribe the forms and procedures
14123+2 that they consider expedient for the implementation of this chapter.
14124+3 After each reassessment of real property in an area under a county's
14125+4 reassessment plan prepared under IC 6-1.1-4-4.2, the department of
14126+5 local government finance shall adjust the base assessed value one (1)
14127+6 time to neutralize any effect of the reassessment of the real property in
14128+7 the area on the property tax proceeds allocated to the redevelopment
14129+8 district under this section. After each annual adjustment under
14130+9 IC 6-1.1-4-4.5, the department of local government finance shall adjust
14131+10 the base assessed value to neutralize any effect of the annual
14132+11 adjustment on the property tax proceeds allocated to the redevelopment
14133+12 district under this section. However, the adjustments under this
14134+13 subsection may not include the effect of property tax abatements under
14135+14 IC 6-1.1-12.1, and these adjustments may not produce less property tax
14136+15 proceeds allocable to the redevelopment district under subsection
14137+16 (b)(3) than would otherwise have been received if the reassessment
14138+17 under the county's reassessment plan or annual adjustment had not
14139+18 occurred. The department of local government finance may prescribe
14140+19 procedures for county and township officials to follow to assist the
14141+20 department in making the adjustments.
14142+21 (i) The allocation deadline referred to in subsection (b) is
14143+22 determined in the following manner:
14144+23 (1) The initial allocation deadline is December 31, 2011.
14145+24 (2) Subject to subdivision (3), the initial allocation deadline and
14146+25 subsequent allocation deadlines are automatically extended in
14147+26 increments of five (5) years, so that allocation deadlines
14148+27 subsequent to the initial allocation deadline fall on December 31,
14149+28 2016, and December 31 of each fifth year thereafter.
14150+29 (3) At least one (1) year before the date of an allocation deadline
14151+30 determined under subdivision (2), the general assembly may enact
14152+31 a law that:
14153+32 (A) terminates the automatic extension of allocation deadlines
14154+33 under subdivision (2); and
14155+34 (B) specifically designates a particular date as the final
14156+35 allocation deadline.
14157+36 (j) If the commission adopts a declaratory resolution or an
14158+37 amendment to a declaratory resolution that contains an allocation
14159+38 provision and the commission makes either of the filings required
14160+39 under section 10(e) of this chapter after the first anniversary of the
14161+40 effective date of the allocation provision, the auditor of the county in
14162+41 which the unit is located shall compute the base assessed value for the
14163+42 allocation area using the assessment date immediately preceding the
14164+ES 1—LS 7244/DI 120 327
14165+1 later of:
14166+2 (1) the date on which the documents are filed with the county
14167+3 auditor; or
14168+4 (2) the date on which the documents are filed with the department
14169+5 of local government finance.
14170+6 (k) For an allocation area established after June 30, 2024,
14171+7 "residential property" refers to the assessed value of property that is
14172+8 allocated to the one percent (1%) homestead land and improvement
14173+9 categories in the county tax and billing software system, along with the
14174+10 residential assessed value as defined for purposes of calculating the
14175+11 rate for the local income tax property tax relief credit designated for
14176+12 residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
14177+13 SECTION 237. IC 36-7-30-25, AS AMENDED BY P.L.174-2022,
14178+14 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14179+15 JULY 1, 2027]: Sec. 25. (a) The following definitions apply throughout
14180+16 this section:
14181+17 (1) "Allocation area" means that part of a military base reuse area
14182+18 to which an allocation provision of a declaratory resolution
14183+19 adopted under section 10 of this chapter refers for purposes of
14184+20 distribution and allocation of property taxes.
14185+21 (2) "Base assessed value" means, subject to subsection (i):
14186+22 (A) the net assessed value of all the property as finally
14187+23 determined for the assessment date immediately preceding the
14188+24 adoption date of the allocation provision of the declaratory
14189+25 resolution, as adjusted under subsection (h); plus
14190+26 (B) to the extent that it is not included in clause (A) or (C), the
14191+27 net assessed value of any and all parcels or classes of parcels
14192+28 identified as part of the base assessed value in the declaratory
14193+29 resolution or an amendment thereto, as finally determined for
14194+30 any subsequent assessment date; plus
14195+31 (C) to the extent that it is not included in clause (A) or (B), the
14196+32 net assessed value of property that is assessed as residential
14197+33 property under the rules of the department of local government
14198+34 finance, within the allocation area, as finally determined for
14199+35 the current assessment date.
14200+36 Clause (C) applies only to allocation areas established in a
14201+37 military reuse area after June 30, 1997, and to the part of an
14202+38 allocation area that was established before June 30, 1997, and that
14203+39 is added to an existing allocation area after June 30, 1997.
14204+40 (3) "Property taxes" means taxes imposed under IC 6-1.1 on real
14205+41 property.
14206+42 (b) A declaratory resolution adopted under section 10 of this chapter
14207+ES 1—LS 7244/DI 120 328
14208+1 before the date set forth in IC 36-7-14-39(b) pertaining to declaratory
14209+2 resolutions adopted under IC 36-7-14-15 may include a provision with
14210+3 respect to the allocation and distribution of property taxes for the
14211+4 purposes and in the manner provided in this section. A declaratory
14212+5 resolution previously adopted may include an allocation provision by
14213+6 the amendment of that declaratory resolution in accordance with the
14214+7 procedures set forth in section 13 of this chapter. The allocation
14215+8 provision may apply to all or part of the military base reuse area. The
14216+9 allocation provision must require that any property taxes subsequently
14217+10 levied by or for the benefit of any public body entitled to a distribution
14218+11 of property taxes on taxable property in the allocation area be allocated
14219+12 and distributed as follows:
14220+13 (1) Except as otherwise provided in this section, the proceeds of
14221+14 the taxes attributable to the lesser of:
14222+15 (A) the assessed value of the property for the assessment date
14223+16 with respect to which the allocation and distribution is made;
14224+17 or
14225+18 (B) the base assessed value;
14226+19 shall be allocated to and, when collected, paid into the funds of
14227+20 the respective taxing units.
14228+21 (2) The excess of the proceeds of the property taxes imposed for
14229+22 the assessment date with respect to which the allocation and
14230+23 distribution are made that are attributable to taxes imposed after
14231+24 being approved by the voters in a referendum or local public
14232+25 question conducted after April 30, 2010, not otherwise included
14233+26 in subdivision (1) shall be allocated to and, when collected, paid
14234+27 into the funds of the taxing unit for which the referendum or local
14235+28 public question was conducted.
14236+29 (3) Except as otherwise provided in this section, property tax
14237+30 proceeds in excess of those described in subdivisions (1) and (2)
14238+31 shall be allocated to the military base reuse district and, when
14239+32 collected, paid into an allocation fund for that allocation area that
14240+33 may be used by the military base reuse district and only to do one
14241+34 (1) or more of the following:
14242+35 (A) Pay the principal of and interest and redemption premium
14243+36 on any obligations incurred by the military base reuse district
14244+37 or any other entity for the purpose of financing or refinancing
14245+38 military base reuse activities in or directly serving or
14246+39 benefiting that allocation area.
14247+40 (B) Establish, augment, or restore the debt service reserve for
14248+41 bonds payable solely or in part from allocated tax proceeds in
14249+42 that allocation area or from other revenues of the reuse
14250+ES 1—LS 7244/DI 120 329
14251+1 authority, including lease rental revenues.
14252+2 (C) Make payments on leases payable solely or in part from
14253+3 allocated tax proceeds in that allocation area.
14254+4 (D) Reimburse any other governmental body for expenditures
14255+5 made for local public improvements (or structures) in or
14256+6 directly serving or benefiting that allocation area.
14257+7 (E) Pay expenses incurred by the reuse authority, any other
14258+8 department of the unit, or a department of another
14259+9 governmental entity for local public improvements or
14260+10 structures that are in the allocation area or directly serving or
14261+11 benefiting the allocation area, including expenses for the
14262+12 operation and maintenance of these local public improvements
14263+13 or structures if the reuse authority determines those operation
14264+14 and maintenance expenses are necessary or desirable to carry
14265+15 out the purposes of this chapter.
14266+16 (F) Reimburse public and private entities for expenses
14267+17 incurred in training employees of industrial facilities that are
14268+18 located:
14269+19 (i) in the allocation area; and
14270+20 (ii) on a parcel of real property that has been classified as
14271+21 industrial property under the rules of the department of local
14272+22 government finance.
14273+23 However, the total amount of money spent for this purpose in
14274+24 any year may not exceed the total amount of money in the
14275+25 allocation fund that is attributable to property taxes paid by the
14276+26 industrial facilities described in this clause. The
14277+27 reimbursements under this clause must be made not more than
14278+28 three (3) years after the date on which the investments that are
14279+29 the basis for the increment financing are made.
14280+30 (G) Expend money and provide financial assistance as
14281+31 authorized in section 9(a)(25) of this chapter.
14282+32 Except as provided in clause (E), the allocation fund may not be
14283+33 used for operating expenses of the reuse authority.
14284+34 (4) Except as provided in subsection (g), before July 15 of each
14285+35 year the reuse authority shall do the following:
14286+36 (A) Determine the amount, if any, by which property taxes
14287+37 payable to the allocation fund in the following year will exceed
14288+38 the amount of property taxes necessary to make, when due,
14289+39 principal and interest payments on bonds described in
14290+40 subdivision (3) plus the amount necessary for other purposes
14291+41 described in subdivision (3).
14292+42 (B) Provide a written notice to the county auditor, the fiscal
14293+ES 1—LS 7244/DI 120 330
14294+1 body of the unit that established the reuse authority, and the
14295+2 officers who are authorized to fix budgets, tax rates, and tax
14296+3 levies under IC 6-1.1-17-5 for each of the other taxing units
14297+4 that is wholly or partly located within the allocation area. The
14298+5 notice must:
14299+6 (i) state the amount, if any, of excess property taxes that the
14300+7 reuse authority has determined may be paid to the respective
14301+8 taxing units in the manner prescribed in subdivision (1); or
14302+9 (ii) state that the reuse authority has determined that there
14303+10 are no excess property tax proceeds that may be allocated to
14304+11 the respective taxing units in the manner prescribed in
14305+12 subdivision (1).
14306+13 The county auditor shall allocate to the respective taxing units
14307+14 the amount, if any, of excess property tax proceeds determined
14308+15 by the reuse authority. The reuse authority may not authorize
14309+16 a payment to the respective taxing units under this subdivision
14310+17 if to do so would endanger the interest of the holders of bonds
14311+18 described in subdivision (3) or lessors under section 19 of this
14312+19 chapter.
14313+20 (c) For the purpose of allocating taxes levied by or for any taxing
14314+21 unit or units, the assessed value of taxable property in a territory in the
14315+22 allocation area that is annexed by a taxing unit after the effective date
14316+23 of the allocation provision of the declaratory resolution is the lesser of:
14317+24 (1) the assessed value of the property for the assessment date with
14318+25 respect to which the allocation and distribution is made; or
14319+26 (2) the base assessed value.
14320+27 (d) Property tax proceeds allocable to the military base reuse district
14321+28 under subsection (b)(3) may, subject to subsection (b)(4), be
14322+29 irrevocably pledged by the military base reuse district for payment as
14323+30 set forth in subsection (b)(3).
14324+31 (e) Notwithstanding any other law, each assessor shall, upon
14325+32 petition of the reuse authority, reassess the taxable property situated
14326+33 upon or in or added to the allocation area, effective on the next
14327+34 assessment date after the petition.
14328+35 (f) Notwithstanding any other law, the assessed value of all taxable
14329+36 property in the allocation area, for purposes of tax limitation, property
14330+37 tax replacement, and the making of the budget, tax rate, and tax levy
14331+38 for each political subdivision in which the property is located is the
14332+39 lesser of:
14333+40 (1) the assessed value of the property as valued without regard to
14334+41 this section; or
14335+42 (2) the base assessed value.
14336+ES 1—LS 7244/DI 120 331
14337+1 (g) If any part of the allocation area is located in an enterprise zone
14338+2 created under IC 5-28-15, the unit that designated the allocation area
14339+3 shall create funds as specified in this subsection. A unit that has
14340+4 obligations, bonds, or leases payable from allocated tax proceeds under
14341+5 subsection (b)(3) shall establish an allocation fund for the purposes
14342+6 specified in subsection (b)(3) and a special zone fund. Such a unit
14343+7 shall, until the end of the enterprise zone phase out period, deposit each
14344+8 year in the special zone fund any amount in the allocation fund derived
14345+9 from property tax proceeds in excess of those described in subsection
14346+10 (b)(1) and (b)(2) from property located in the enterprise zone that
14347+11 exceeds the amount sufficient for the purposes specified in subsection
14348+12 (b)(3) for the year. The amount sufficient for purposes specified in
14349+13 subsection (b)(3) for the year shall be determined based on the pro rata
14350+14 part of such current property tax proceeds from the part of the
14351+15 enterprise zone that is within the allocation area as compared to all
14352+16 such current property tax proceeds derived from the allocation area. A
14353+17 unit that does not have obligations, bonds, or leases payable from
14354+18 allocated tax proceeds under subsection (b)(3) shall establish a special
14355+19 zone fund and deposit all the property tax proceeds in excess of those
14356+20 described in subsection (b)(1) and (b)(2) that are derived from property
14357+21 in the enterprise zone in the fund. The unit that creates the special zone
14358+22 fund shall use the fund (based on the recommendations of the urban
14359+23 enterprise association) for programs in job training, job enrichment,
14360+24 and basic skill development that are designed to benefit residents and
14361+25 employers in the enterprise zone or other purposes specified in
14362+26 subsection (b)(3), except that where reference is made in subsection
14363+27 (b)(3) to allocation area it shall refer for purposes of payments from the
14364+28 special zone fund only to that part of the allocation area that is also
14365+29 located in the enterprise zone. The programs shall reserve at least
14366+30 one-half (1/2) of their enrollment in any session for residents of the
14367+31 enterprise zone.
14368+32 (h) After each reassessment of real property in an area under the
14369+33 county's reassessment plan under IC 6-1.1-4-4.2, the department of
14370+34 local government finance shall adjust the base assessed value one (1)
14371+35 time to neutralize any effect of the reassessment of the real property in
14372+36 the area on the property tax proceeds allocated to the military base
14373+37 reuse district under this section. After each annual adjustment under
14374+38 IC 6-1.1-4-4.5, the department of local government finance shall adjust
14375+39 the base assessed value to neutralize any effect of the annual
14376+40 adjustment on the property tax proceeds allocated to the military base
14377+41 reuse district under this section. However, the adjustments under this
14378+42 subsection may not include the effect of property tax abatements under
14379+ES 1—LS 7244/DI 120 332
14380+1 IC 6-1.1-12.1, and these adjustments may not produce less property tax
14381+2 proceeds allocable to the military base reuse district under subsection
14382+3 (b)(3) than would otherwise have been received if the reassessment
14383+4 under the county's reassessment plan or annual adjustment had not
14384+5 occurred. The department of local government finance may prescribe
14385+6 procedures for county and township officials to follow to assist the
14386+7 department in making the adjustments.
14387+8 (i) If the reuse authority adopts a declaratory resolution or an
14388+9 amendment to a declaratory resolution that contains an allocation
14389+10 provision and the reuse authority makes either of the filings required
14390+11 under section 12(c) or 13(f) of this chapter after the first anniversary of
14391+12 the effective date of the allocation provision, the auditor of the county
14392+13 in which the military base reuse district is located shall compute the
14393+14 base assessed value for the allocation area using the assessment date
14394+15 immediately preceding the later of:
14395+16 (1) the date on which the documents are filed with the county
14396+17 auditor; or
14397+18 (2) the date on which the documents are filed with the department
14398+19 of local government finance.
14399+20 (j) For an allocation area established after June 30, 2024,
14400+21 "residential property" refers to the assessed value of property that is
14401+22 allocated to the one percent (1%) homestead land and improvement
14402+23 categories in the county tax and billing software system, along with the
14403+24 residential assessed value as defined for purposes of calculating the
14404+25 rate for the local income tax property tax relief credit designated for
14405+26 residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
14406+27 SECTION 238. IC 36-7-30.5-30, AS AMENDED BY P.L.174-2022,
14407+28 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14408+29 JULY 1, 2027]: Sec. 30. (a) The following definitions apply throughout
14409+30 this section:
14410+31 (1) "Allocation area" means that part of a military base
14411+32 development area to which an allocation provision of a
14412+33 declaratory resolution adopted under section 16 of this chapter
14413+34 refers for purposes of distribution and allocation of property taxes.
14414+35 (2) "Base assessed value" means, subject to subsection (i):
14415+36 (A) the net assessed value of all the property as finally
14416+37 determined for the assessment date immediately preceding the
14417+38 adoption date of the allocation provision of the declaratory
14418+39 resolution, as adjusted under subsection (h); plus
14419+40 (B) to the extent that it is not included in clause (A) or (C), the
14420+41 net assessed value of any and all parcels or classes of parcels
14421+42 identified as part of the base assessed value in the declaratory
14422+ES 1—LS 7244/DI 120 333
14423+1 resolution or an amendment to the declaratory resolution, as
14424+2 finally determined for any subsequent assessment date; plus
14425+3 (C) to the extent that it is not included in clause (A) or (B), the
14426+4 net assessed value of property that is assessed as residential
14427+5 property under the rules of the department of local government
14428+6 finance, within the allocation area, as finally determined for
14429+7 the current assessment date.
14430+8 (3) "Property taxes" means taxes imposed under IC 6-1.1 on real
14431+9 property.
14432+10 (b) A declaratory resolution adopted under section 16 of this chapter
14433+11 before the date set forth in IC 36-7-14-39(b) pertaining to declaratory
14434+12 resolutions adopted under IC 36-7-14-15 may include a provision with
14435+13 respect to the allocation and distribution of property taxes for the
14436+14 purposes and in the manner provided in this section. A declaratory
14437+15 resolution previously adopted may include an allocation provision by
14438+16 the amendment of that declaratory resolution in accordance with the
14439+17 procedures set forth in section 18 of this chapter. The allocation
14440+18 provision may apply to all or part of the military base development
14441+19 area. The allocation provision must require that any property taxes
14442+20 subsequently levied by or for the benefit of any public body entitled to
14443+21 a distribution of property taxes on taxable property in the allocation
14444+22 area be allocated and distributed as follows:
14445+23 (1) Except as otherwise provided in this section, the proceeds of
14446+24 the taxes attributable to the lesser of:
14447+25 (A) the assessed value of the property for the assessment date
14448+26 with respect to which the allocation and distribution is made;
14449+27 or
14450+28 (B) the base assessed value;
14451+29 shall be allocated to and, when collected, paid into the funds of
14452+30 the respective taxing units.
14453+31 (2) The excess of the proceeds of the property taxes imposed for
14454+32 the assessment date with respect to which the allocation and
14455+33 distribution is made that are attributable to taxes imposed after
14456+34 being approved by the voters in a referendum or local public
14457+35 question conducted after April 30, 2010, not otherwise included
14458+36 in subdivision (1) shall be allocated to and, when collected, paid
14459+37 into the funds of the taxing unit for which the referendum or local
14460+38 public question was conducted.
14461+39 (3) Except as otherwise provided in this section, property tax
14462+40 proceeds in excess of those described in subdivisions (1) and (2)
14463+41 shall be allocated to the development authority and, when
14464+42 collected, paid into an allocation fund for that allocation area that
14465+ES 1—LS 7244/DI 120 334
14466+1 may be used by the development authority and only to do one (1)
14467+2 or more of the following:
14468+3 (A) Pay the principal of and interest and redemption premium
14469+4 on any obligations incurred by the development authority or
14470+5 any other entity for the purpose of financing or refinancing
14471+6 military base development or reuse activities in or directly
14472+7 serving or benefiting that allocation area.
14473+8 (B) Establish, augment, or restore the debt service reserve for
14474+9 bonds payable solely or in part from allocated tax proceeds in
14475+10 that allocation area or from other revenues of the development
14476+11 authority, including lease rental revenues.
14477+12 (C) Make payments on leases payable solely or in part from
14478+13 allocated tax proceeds in that allocation area.
14479+14 (D) Reimburse any other governmental body for expenditures
14480+15 made for local public improvements (or structures) in or
14481+16 directly serving or benefiting that allocation area.
14482+17 (E) For property taxes first due and payable before 2009, pay
14483+18 all or a part of a property tax replacement credit to taxpayers
14484+19 in an allocation area as determined by the development
14485+20 authority. This credit equals the amount determined under the
14486+21 following STEPS for each taxpayer in a taxing district (as
14487+22 defined in IC 6-1.1-1-20) that contains all or part of the
14488+23 allocation area:
14489+24 STEP ONE: Determine that part of the sum of the amounts
14490+25 under IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2),
14491+26 IC 6-1.1-21-2(g)(3), IC 6-1.1-21-2(g)(4), and
14492+27 IC 6-1.1-21-2(g)(5) (before their repeal) that is attributable to
14493+28 the taxing district.
14494+29 STEP TWO: Divide:
14495+30 (i) that part of each county's eligible property tax
14496+31 replacement amount (as defined in IC 6-1.1-21-2 (before its
14497+32 repeal)) for that year as determined under IC 6-1.1-21-4
14498+33 (before its repeal) that is attributable to the taxing district;
14499+34 by
14500+35 (ii) the STEP ONE sum.
14501+36 STEP THREE: Multiply:
14502+37 (i) the STEP TWO quotient; by
14503+38 (ii) the total amount of the taxpayer's taxes (as defined in
14504+39 IC 6-1.1-21-2 (before its repeal)) levied in the taxing district
14505+40 that have been allocated during that year to an allocation
14506+41 fund under this section.
14507+42 If not all the taxpayers in an allocation area receive the credit
14508+ES 1—LS 7244/DI 120 335
14509+1 in full, each taxpayer in the allocation area is entitled to
14510+2 receive the same proportion of the credit. A taxpayer may not
14511+3 receive a credit under this section and a credit under section
14512+4 32 of this chapter (before its repeal) in the same year.
14513+5 (F) Pay expenses incurred by the development authority for
14514+6 local public improvements or structures that were in the
14515+7 allocation area or directly serving or benefiting the allocation
14516+8 area.
14517+9 (G) Reimburse public and private entities for expenses
14518+10 incurred in training employees of industrial facilities that are
14519+11 located:
14520+12 (i) in the allocation area; and
14521+13 (ii) on a parcel of real property that has been classified as
14522+14 industrial property under the rules of the department of local
14523+15 government finance.
14524+16 However, the total amount of money spent for this purpose in
14525+17 any year may not exceed the total amount of money in the
14526+18 allocation fund that is attributable to property taxes paid by the
14527+19 industrial facilities described in this clause. The
14528+20 reimbursements under this clause must be made not more than
14529+21 three (3) years after the date on which the investments that are
14530+22 the basis for the increment financing are made.
14531+23 (H) Expend money and provide financial assistance as
14532+24 authorized in section 15(26) of this chapter.
14533+25 The allocation fund may not be used for operating expenses of the
14534+26 development authority.
14535+27 (4) Except as provided in subsection (g), before July 15 of each
14536+28 year the development authority shall do the following:
14537+29 (A) Determine the amount, if any, by which property taxes
14538+30 payable to the allocation fund in the following year will exceed
14539+31 the amount of property taxes necessary to make, when due,
14540+32 principal and interest payments on bonds described in
14541+33 subdivision (3) plus the amount necessary for other purposes
14542+34 described in subdivisions (2) and (3).
14543+35 (B) Provide a written notice to the appropriate county auditors
14544+36 and the fiscal bodies and other officers who are authorized to
14545+37 fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for
14546+38 each of the other taxing units that is wholly or partly located
14547+39 within the allocation area. The notice must:
14548+40 (i) state the amount, if any, of the excess property taxes that
14549+41 the development authority has determined may be paid to
14550+42 the respective taxing units in the manner prescribed in
14551+ES 1—LS 7244/DI 120 336
14552+1 subdivision (1); or
14553+2 (ii) state that the development authority has determined that
14554+3 there is no excess assessed value that may be allocated to the
14555+4 respective taxing units in the manner prescribed in
14556+5 subdivision (1).
14557+6 The county auditors shall allocate to the respective taxing units
14558+7 the amount, if any, of excess assessed value determined by the
14559+8 development authority. The development authority may not
14560+9 authorize a payment to the respective taxing units under this
14561+10 subdivision if to do so would endanger the interest of the
14562+11 holders of bonds described in subdivision (3) or lessors under
14563+12 section 24 of this chapter. Property taxes received by a taxing
14564+13 unit under this subdivision before 2009 are eligible for the
14565+14 property tax replacement credit provided under IC 6-1.1-21
14566+15 (before its repeal).
14567+16 (c) For the purpose of allocating taxes levied by or for any taxing
14568+17 unit or units, the assessed value of taxable property in a territory in the
14569+18 allocation area that is annexed by a taxing unit after the effective date
14570+19 of the allocation provision of the declaratory resolution is the lesser of:
14571+20 (1) the assessed value of the property for the assessment date with
14572+21 respect to which the allocation and distribution is made; or
14573+22 (2) the base assessed value.
14574+23 (d) Property tax proceeds allocable to the military base development
14575+24 district under subsection (b)(3) may, subject to subsection (b)(4), be
14576+25 irrevocably pledged by the military base development district for
14577+26 payment as set forth in subsection (b)(3).
14578+27 (e) Notwithstanding any other law, each assessor shall, upon
14579+28 petition of the development authority, reassess the taxable property
14580+29 situated upon or in or added to the allocation area, effective on the next
14581+30 assessment date after the petition.
14582+31 (f) Notwithstanding any other law, the assessed value of all taxable
14583+32 property in the allocation area, for purposes of tax limitation, property
14584+33 tax replacement, and the making of the budget, tax rate, and tax levy
14585+34 for each political subdivision in which the property is located is the
14586+35 lesser of:
14587+36 (1) the assessed value of the property as valued without regard to
14588+37 this section; or
14589+38 (2) the base assessed value.
14590+39 (g) If any part of the allocation area is located in an enterprise zone
14591+40 created under IC 5-28-15, the development authority shall create funds
14592+41 as specified in this subsection. A development authority that has
14593+42 obligations, bonds, or leases payable from allocated tax proceeds under
14594+ES 1—LS 7244/DI 120 337
14595+1 subsection (b)(3) shall establish an allocation fund for the purposes
14596+2 specified in subsection (b)(3) and a special zone fund. The
14597+3 development authority shall, until the end of the enterprise zone phase
14598+4 out period, deposit each year in the special zone fund any amount in the
14599+5 allocation fund derived from property tax proceeds in excess of those
14600+6 described in subsection (b)(1) and (b)(2) from property located in the
14601+7 enterprise zone that exceeds the amount sufficient for the purposes
14602+8 specified in subsection (b)(3) for the year. The amount sufficient for
14603+9 purposes specified in subsection (b)(3) for the year shall be determined
14604+10 based on the pro rata part of such current property tax proceeds from
14605+11 the part of the enterprise zone that is within the allocation area as
14606+12 compared to all such current property tax proceeds derived from the
14607+13 allocation area. A development authority that does not have
14608+14 obligations, bonds, or leases payable from allocated tax proceeds under
14609+15 subsection (b)(3) shall establish a special zone fund and deposit all the
14610+16 property tax proceeds in excess of those described in subsection (b)(1)
14611+17 and (b)(2) that are derived from property in the enterprise zone in the
14612+18 fund. The development authority that creates the special zone fund
14613+19 shall use the fund (based on the recommendations of the urban
14614+20 enterprise association) for programs in job training, job enrichment,
14615+21 and basic skill development that are designed to benefit residents and
14616+22 employers in the enterprise zone or for other purposes specified in
14617+23 subsection (b)(3), except that where reference is made in subsection
14618+24 (b)(3) to an allocation area it shall refer for purposes of payments from
14619+25 the special zone fund only to that part of the allocation area that is also
14620+26 located in the enterprise zone. The programs shall reserve at least
14621+27 one-half (1/2) of their enrollment in any session for residents of the
14622+28 enterprise zone.
14623+29 (h) After each reassessment of real property in an area under a
14624+30 reassessment plan prepared under IC 6-1.1-4-4.2, the department of
14625+31 local government finance shall adjust the base assessed value one (1)
14626+32 time to neutralize any effect of the reassessment of the real property in
14627+33 the area on the property tax proceeds allocated to the military base
14628+34 development district under this section. After each annual adjustment
14629+35 under IC 6-1.1-4-4.5, the department of local government finance shall
14630+36 adjust the base assessed value to neutralize any effect of the annual
14631+37 adjustment on the property tax proceeds allocated to the military base
14632+38 development district under this section. However, the adjustments
14633+39 under this subsection may not include the effect of property tax
14634+40 abatements under IC 6-1.1-12.1, and these adjustments may not
14635+41 produce less property tax proceeds allocable to the military base
14636+42 development district under subsection (b)(3) than would otherwise
14637+ES 1—LS 7244/DI 120 338
14638+1 have been received if the reassessment under the county's reassessment
14639+2 plan or annual adjustment had not occurred. The department of local
14640+3 government finance may prescribe procedures for county and township
14641+4 officials to follow to assist the department in making the adjustments.
14642+5 (i) If the development authority adopts a declaratory resolution or
14643+6 an amendment to a declaratory resolution that contains an allocation
14644+7 provision and the development authority makes either of the filings
14645+8 required under section 17(e) or 18(f) of this chapter after the first
14646+9 anniversary of the effective date of the allocation provision, the auditor
14647+10 of the county in which the military base development district is located
14648+11 shall compute the base assessed value for the allocation area using the
14649+12 assessment date immediately preceding the later of:
14650+13 (1) the date on which the documents are filed with the county
14651+14 auditor; or
14652+15 (2) the date on which the documents are filed with the department
14653+16 of local government finance.
14654+17 (j) For an allocation area established after June 30, 2024,
14655+18 "residential property" refers to the assessed value of property that is
14656+19 allocated to the one percent (1%) homestead land and improvement
14657+20 categories in the county tax and billing software system, along with the
14658+21 residential assessed value as defined for purposes of calculating the
14659+22 rate for the local income tax property tax relief credit designated for
14660+23 residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
14661+24 SECTION 239. IC 36-7.5-4-2.5, AS ADDED BY P.L.189-2018,
14662+25 SECTION 173, IS AMENDED TO READ AS FOLLOWS
14663+26 [EFFECTIVE JULY 1, 2027]: Sec. 2.5. (a) This section applies to a
14664+27 unit that has previously:
14665+28 (1) entered into an interlocal cooperation or other similar
14666+29 agreement;
14667+30 (2) adopted an ordinance or resolution; or
14668+31 (3) taken any other action offering to support and finance:
14669+32 (A) a rail project or rail projects under this chapter; or
14670+33 (B) the double tracking project under IC 36-7.5-4.5.
14671+34 (b) The unit may use any legally available revenue to support and
14672+35 finance the projects described in subsection (a)(3), including additional
14673+36 revenue general purpose revenue allocated each year for economic
14674+37 development under IC 6-3.6-6-9. IC 6-3.6-6.
14675+38 (c) Additional revenue allocated for economic development to
14676+39 support and finance the projects under this section shall be paid by the
14677+40 treasurer of state to the treasurer of the northwest Indiana regional
14678+41 development authority under section 2 of this chapter before certified
14679+42 distributions are made to the county or any civil taxing unit in the
14680+ES 1—LS 7244/DI 120 339
14681+1 county or counties in which the unit is located.
14682+2 (d) A transfer made on behalf of a unit under subsection (c) after
14683+3 December 31, 2018, is considered to be a payment for services
14684+4 provided to residents by a rail project as those services are rendered.
14685+5 (e) A pledge by the development authority of transferred revenue
14686+6 under this section to the payment of bonds, leases, or obligations under
14687+7 this article or IC 5-1.3:
14688+8 (1) constitutes the obligations of the northwest Indiana regional
14689+9 development authority; and
14690+10 (2) does not constitute an indebtedness of:
14691+11 (A) a unit described in this section; or
14692+12 (B) the state;
14693+13 within the meaning or application of any constitutional or
14694+14 statutory provision or limitation.
14695+15 (f) Neither the transfer of revenue nor the pledge of revenue
14696+16 transferred under this section is an impairment of contract within the
14697+17 meaning or application of any constitutional provision or limitation
14698+18 because of the following:
14699+19 (1) The statutes governing local income taxes, including the
14700+20 transferred revenue, have been the subject of legislation annually
14701+21 since 1973, and during that time the statutes have been revised,
14702+22 amended, expanded, limited, and recodified dozens of times.
14703+23 (2) Owners of bonds, leases, or other obligations to which local
14704+24 income tax revenues have been pledged recognize that the
14705+25 regulation of local income taxes has been extensive and
14706+26 consistent.
14707+27 (3) All bonds, leases, or other obligations, due to their essential
14708+28 contractual nature, are subject to relevant state and federal law
14709+29 that is enacted after the date of a contract.
14710+30 (4) The state of Indiana has a legitimate interest in assisting the
14711+31 northwest Indiana regional development authority in financing
14712+32 rail projects.
14713+33 (g) All proceedings had and actions described in this section are
14714+34 valid pledges under IC 5-1-14-4 as of the date of those proceedings or
14715+35 actions and are hereby legalized and declared valid if taken before
14716+36 March 15, 2018.
14717+37 SECTION 240. IC 36-8-19-7, AS AMENDED BY P.L.95-2022,
14718+38 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14719+39 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 7. (a) Subject to
14720+40 subsection (d), a tax levied under this chapter may be levied at:
14721+41 (1) a uniform rate upon all taxable property within the territory;
14722+42 or
14723+ES 1—LS 7244/DI 120 340
14724+1 (2) different rates for the participating units included within the
14725+2 territory, so long as a tax rate applies uniformly to all of a unit's
14726+3 or fire protection district's taxable property within the territory.
14727+4 (b) If a uniform tax rate is levied upon all taxable property within a
14728+5 territory upon the formation of the territory, different tax rates may be
14729+6 levied for the participating units included within the territory in
14730+7 subsequent years.
14731+8 (c) This subsection applies to a territory established by an ordinance
14732+9 or a resolution adopted under this chapter after December 31, 2022. A
14733+10 total tax rate levied under this chapter upon taxable property within a
14734+11 territory upon the formation of the territory may be implemented over
14735+12 a number of years, not exceeding five (5), and in a manner subject to
14736+13 review and approval by the department of local government finance.
14737+14 (d) This subsection applies to a territory established by an
14738+15 ordinance or a resolution adopted under this chapter after
14739+16 December 31, 2024. The provider unit and each participating unit
14740+17 in a territory may not impose a tax rate on the unit's or fire
14741+18 protection district's taxable property within the territory that
14742+19 exceeds forty cents ($0.40) per one hundred dollars ($100) of
14743+20 assessed valuation.
14744+21 SECTION 241. IC 36-8-19-7.5, AS AMENDED BY P.L.38-2021,
14745+22 SECTION 100, IS AMENDED TO READ AS FOLLOWS
14746+23 [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 7.5. (a)
14747+24 This section applies to:
14748+25 (1) local income tax distributions; and
14749+26 (2) excise tax distributions;
14750+27 made after December 31, 2009.
14751+28 (b) Except as provided in subsection (c), for purposes of allocating
14752+29 local income tax distributions that are based on a taxing unit's
14753+30 allocation amount before January 1, 2028, or that an adopting body
14754+31 allocates under IC 6-3.6-6 to economic development before January
14755+32 1, 2028, or excise tax distributions that are distributed based on the
14756+33 amount of a taxing unit's property tax levies, each participating unit in
14757+34 a territory is considered to have imposed a part of the property tax levy
14758+35 imposed for the territory. The part of the property tax levy imposed for
14759+36 the territory for a particular year that shall be attributed to a
14760+37 participating unit is equal to the amount determined in the following
14761+38 STEPS:
14762+39 STEP ONE: Determine the total amount of all property taxes
14763+40 imposed by the participating unit in the year before the year in
14764+41 which a property tax levy was first imposed for the territory.
14765+42 STEP TWO: Determine the sum of the STEP ONE amounts for
14766+ES 1—LS 7244/DI 120 341
14767+1 all participating units.
14768+2 STEP THREE: Divide the STEP ONE result by the STEP TWO
14769+3 result.
14770+4 STEP FOUR: Multiply the STEP THREE result by the property
14771+5 tax levy imposed for the territory for the particular year.
14772+6 (c) This subsection applies to a determination under subsection (b)
14773+7 made in calendar years 2018, 2019, and 2020. The department of local
14774+8 government finance may, for distributions made in calendar year 2022,
14775+9 adjust the allocation amount determined under subsection (b) to correct
14776+10 for any clerical or mathematical errors made in any determination for
14777+11 calendar year 2018, 2019, or 2020, as applicable, including the
14778+12 allocation amount for any taxing unit whose distribution was affected
14779+13 by the clerical or mathematical error in those years. The department of
14780+14 local government finance may apply the adjustment to the allocation
14781+15 amount for a taxing unit over a period not to exceed ten (10) years in
14782+16 order to offset the effect of the adjustment on the distribution.
14783+17 (d) This subsection applies to a territory established by an
14784+18 ordinance or a resolution adopted under this chapter after
14785+19 December 31, 2024. Before additional revenue from a local income
14786+20 tax rate may be allocated to the provider unit of a new territory
14787+21 due to an increased property tax levy resulting from the
14788+22 establishment of the territory, the county fiscal body must adopt an
14789+23 ordinance or resolution approving the allocation.
14790+24 SECTION 242. IC 36-8-19-8, AS AMENDED BY P.L.236-2023,
14791+25 SECTION 209, IS AMENDED TO READ AS FOLLOWS
14792+26 [EFFECTIVE JULY 1, 2027]: Sec. 8. (a) Upon the adoption of
14793+27 identical ordinances or resolutions, or both, by the participating units
14794+28 under section 6 of this chapter, the designated provider unit must
14795+29 establish a fire protection territory fund from which all expenses of
14796+30 operating and maintaining the fire protection services within the
14797+31 territory, including repairs, fees, salaries, depreciation on all
14798+32 depreciable assets, rents, supplies, contingencies, and all other
14799+33 expenses lawfully incurred within the territory shall be paid. The
14800+34 purposes described in this subsection are the sole purposes of the fund,
14801+35 and money in the fund may not be used for any other expenses. Except
14802+36 as allowed in subsections (d) and (e) and section 8.5 of this chapter, the
14803+37 provider unit is not authorized to transfer money out of the fund at any
14804+38 time.
14805+39 (b) The fund consists of the following:
14806+40 (1) All receipts from the tax imposed under this section.
14807+41 (2) Any money transferred to the fund by the provider unit as
14808+42 authorized under subsection (d).
14809+ES 1—LS 7244/DI 120 342
14810+1 (3) Any receipts from a false alarm fee or service charge imposed
14811+2 by the participating units under IC 36-8-13-4.
14812+3 (4) Any money transferred to the fund by a participating unit
14813+4 under section 8.6 of this chapter.
14814+5 (5) Any receipts from a distribution made under IC 6-3.6-6-8(d),
14815+6 IC 6-3.6-6-8(b), which shall be deposited in the fund.
14816+7 (c) The provider unit, with the assistance of each of the other
14817+8 participating units, shall annually budget the necessary money to meet
14818+9 the expenses of operation and maintenance of the fire protection
14819+10 services within the territory. The provider unit may maintain a
14820+11 reasonable balance, not to exceed one hundred twenty percent (120%)
14821+12 of the budgeted expenses. Except as provided in IC 6-1.1-18.5-10.5,
14822+13 and subject to section 7(c) of this chapter, after estimating expenses
14823+14 and receipts of money, the provider unit shall establish the tax levy
14824+15 required to fund the estimated budget. Subject to IC 6-1.1-18.5-10.5(c),
14825+16 the amount budgeted under this subsection shall be considered a part
14826+17 of each of the participating unit's budget.
14827+18 (d) If the amount levied in a particular year is insufficient to cover
14828+19 the costs incurred in providing fire protection services within the
14829+20 territory, the provider unit may transfer from available sources to the
14830+21 fire protection territory fund the money needed to cover those costs. In
14831+22 this case:
14832+23 (1) the levy in the following year shall be increased by the amount
14833+24 required to be transferred; and
14834+25 (2) the provider unit is entitled to transfer the amount described
14835+26 in subdivision (1) from the fund as reimbursement to the provider
14836+27 unit.
14837+28 (e) If the amount levied in a particular year exceeds the amount
14838+29 necessary to cover the costs incurred in providing fire protection
14839+30 services within the territory, the levy in the following year shall be
14840+31 reduced by the amount of surplus money that is not transferred to the
14841+32 equipment replacement fund established under section 8.5 of this
14842+33 chapter. The amount that may be transferred to the equipment
14843+34 replacement fund may not exceed five percent (5%) of the levy for that
14844+35 fund for that year. Each participating unit must agree to the amount to
14845+36 be transferred by adopting an ordinance (if the unit is a county or
14846+37 municipality) or a resolution (if the unit is a township) that specifies an
14847+38 identical amount to be transferred.
14848+39 (f) The tax under this section is subject to the tax levy limitations
14849+40 imposed under IC 6-1.1-18.5-10.5.
14850+41 SECTION 243. [EFFECTIVE JANUARY 1, 2025
14851+42 (RETROACTIVE)] (a) IC 6-1.1-51.3, as added by this act, applies to
14852+ES 1—LS 7244/DI 120 343
14853+1 property taxes imposed for assessment dates on or after January
14854+2 1, 2025.
14855+3 (b) This SECTION expires June 30, 2029.
14856+4 SECTION 244. [EFFECTIVE JANUARY 1, 2025
14857+5 (RETROACTIVE)] (a) IC 6-1.1-4-4.5 and IC 6-1.1-20.6-8.5, both as
14858+6 amended by this act, apply to assessment dates occurring after
14859+7 December 31, 2024, for property taxes first due and payable in
14860+8 2026.
14861+9 (b) This SECTION expires June 30, 2029.
14862+10 SECTION 245. [EFFECTIVE JANUARY 1, 2026] (a)
14863+11 IC 6-1.1-18.5-12 and IC 6-1.1-18.5-13, both as amended by this act,
14864+12 apply to property tax levies after December 31, 2025.
14865+13 (b) IC 6-1.1-18.5-12 and IC 6-1.1-18.5-13, before their
14866+14 amendment by this act, apply to property tax levies for 2025.
14867+15 (c) This SECTION expires January 1, 2030.
14868+16 SECTION 246. [EFFECTIVE JUNE 30, 2027] (a) Notwithstanding
14869+17 the July 1, 2027, effective date for IC 6-3.6-6-0.5, IC 6-3.6-6-4.3,
14870+18 IC 6-3.6-6-4.5, and IC 6-3.6-6-6.1, all as added by this act; the July
14871+19 1, 2027, effective date for IC 6-3.6-6-2, IC 6-3.6-6-3, IC 6-3.6-6-4,
14872+20 IC 6-3.6-6-8, IC 6-3.6-6-8.5, IC 6-3.6-6-9.5, IC 6-3.6-6-17,
14873+21 IC 6-3.6-6-18, IC 6-3.6-6-19, and IC 6-3.6-6-21, all as amended by
14874+22 this act; and the July 1, 2027, or January 1, 2028, repeal of
14875+23 IC 6-3.6-6-2.5, IC 6-3.6-6-2.6, IC 6-3.6-6-2.7, IC 6-3.6-6-2.8,
14876+24 IC 6-3.6-6-2.9, IC 6-3.6-6-9, IC 6-3.6-6-10, IC 6-3.6-6-11,
14877+25 IC 6-3.6-6-12, IC 6-3.6-6-14, IC 6-3.6-6-15, IC 6-3.6-6-16, and
14878+26 IC 6-3.6-6-20, all as repealed by this act; the method used to
14879+27 determine the amount of a particular distribution of revenue
14880+28 before July 1, 2027, shall continue to be used for these
14881+29 determinations for all of 2027.
14882+30 (b) Notwithstanding the adoption of different tax rates by a
14883+31 county applicable after 2027 or the adoption of municipal tax rates
14884+32 under IC 6-3.6-6-22, as added by this act, applicable after 2027, or
14885+33 any other provision of law, the certified distribution methodology
14886+34 calculation for local income tax distributions made in 2027 shall
14887+35 continue for local income tax distributions made in 2028 and 2029
14888+36 to account for the transition to any new tax rates.
14889+37 (c) This SECTION expires June 30, 2030.
14890+38 SECTION 247. [EFFECTIVE JUNE 30, 2027] (a) As used in this
14891+39 SECTION, "local income tax council" means a local income tax
14892+40 council established under IC 6-3.6-3-1, before its amendment by
14893+41 this act.
14894+42 (b) On July 1, 2027, all powers, duties, and authorities of a local
14895+ES 1—LS 7244/DI 120 344
14896+1 income tax council are transferred to the fiscal body of the county
14897+2 in which it is located.
14898+3 (c) An ordinance adopted by a local income tax council under
14899+4 IC 6-3.6 before July 1, 2027, continues in effect after June 30, 2027,
14900+5 and is valid and binding until it is rescinded or otherwise amended
14901+6 by the county fiscal body.
14902+7 (d) On or before July 1, 2027, all records and property under
14903+8 the control of a local income tax council shall be transferred to the
14904+9 fiscal body of the county in which it is located.
14905+10 (e) After June 30, 2027, a reference to a local income tax council
14906+11 in any statute, rule, or other document is considered a reference to
14907+12 the county fiscal body.
14908+13 (f) This SECTION expires June 30, 2030.
14909+14 SECTION 248. An emergency is declared for this act.
14910+ES 1—LS 7244/DI 120 345
14911+COMMITTEE REPORT
14912+Mr. President: The Senate Committee on Tax and Fiscal Policy, to
14913+which was referred Senate Bill No. 1, has had the same under
14914+consideration and begs leave to report the same back to the Senate with
14915+the recommendation that said bill be AMENDED as follows:
14916+Delete everything after the enacting clause and insert the following:
14917+(SEE TEXT OF BILL)
14918+and when so amended that said bill do pass.
14919+(Reference is to SB 1 as introduced.)
14920+HOLDMAN, Chairperson
14921+Committee Vote: Yeas 10, Nays 3.
14922+_____
14923+COMMITTEE REPORT
14924+Mr. Speaker: Your Committee on Ways and Means, to which was
14925+referred Senate Bill 1, has had the same under consideration and begs
14926+leave to report the same back to the House with the recommendation
14927+that said bill be amended as follows:
14928+Delete the title and insert the following:
14929+A BILL FOR AN ACT to amend the Indiana Code concerning
14930+taxation and to make an appropriation.
14931+Delete everything after the enacting clause and insert the following:
14932+(SEE TEXT OF BILL)
14933+and when so amended that said bill do pass.
14934+(Reference is to SB 1 as printed February 12, 2025.)
14935+THOMPSON
14936+Committee Vote: yeas 15, nays 8.
14937+ES 1—LS 7244/DI 120 346
14938+HOUSE MOTION
14939+Mr. Speaker: I move that Engrossed Senate Bill 1 be amended to
14940+read as follows:
14941+Page 5, line 33, delete "the business personal property tax
14942+exemption under".
14943+Page 5, line 34, delete "IC 6-1.1-10.4,".
14944+Page 5, line 35, after "IC 6-1.1-12-37.5(c)" delete ",".
14945+Page 6, line 42, delete "one hundred fifteen thousand dollars
14946+($115,000)" and insert "one million dollars ($1,000,000)".
14947+Page 7, line 2, delete "one hundred fifty thousand dollars
14948+($150,000)" and insert "two million dollars ($2,000,000)".
14949+Page 8, line 22, after "of this" insert "chapter.".
14950+Page 8, delete lines 23 through 25.
14951+Page 14, delete lines 22 through 42, begin a new paragraph and
14952+insert:
14953+"SECTION 11. IC 6-1.1-3-29 IS ADDED TO THE INDIANA
14954+CODE AS A NEW SECTION TO READ AS FOLLOWS
14955+[EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 29. (a)
14956+This subsection applies only to a taxpayer's assessable depreciable
14957+personal property that is placed in service on or before January 1,
14958+2025. Except as provided in subsections (b) and (c), for each
14959+assessment date, the total valuation of a taxpayer's assessable
14960+depreciable personal property in a single taxing district may not be
14961+less than thirty percent (30%) of the adjusted cost of all the
14962+taxpayer's assessable depreciable personal property in the taxing
14963+district.
57714964 (b) The limitation set forth in subsection (a) is to be applied
57814965 before any special adjustment for abnormal obsolescence. The
57914966 limitation does not apply to equipment not placed in service,
58014967 special tooling, and permanently retired depreciable personal
58114968 property.
58214969 (c) Depreciable personal property that is placed in service after
58314970 January 1, 2025, is not subject to the minimum valuation limitation
58414971 under this section. However, if depreciable personal property is
58514972 placed in service after January 1, 2025, and:
58614973 (1) is located in an existing tax increment allocation area for
58714974 which the base assessed value is determined before January
58814975 1, 2025; or
58914976 (2) property tax revenue that is attributable to the depreciable
59014977 personal property is pledged as payment for bonds, leases, or
59114978 other obligations;
59214979 the depreciable personal property remains subject to the minimum
593-valuation limitations under this section.
594-SECTION 12. IC 6-1.1-4-4.5, AS AMENDED BY P.L.8-2022,
595-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
596-SEA 1 — Concur 15
597-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 4.5. (a) The department
598-of local government finance shall adopt rules establishing a system for
599-annually adjusting the assessed value of real property to account for
600-changes in value in those years since a reassessment under section 4.2
601-of this chapter for the property last took effect.
602-(b) Subject to subsection (f), the system must be applied to adjust
603-assessed values beginning with the 2006 assessment date and each year
604-thereafter that is not a year in which a reassessment under section 4.2
605-of this chapter for the property becomes effective.
606-(c) The rules adopted under subsection (a) must include the
607-following characteristics in the system:
608-(1) Promote uniform and equal assessment of real property within
609-and across classifications.
610-(2) Require that assessing officials:
611-(A) reevaluate the factors that affect value;
612-(B) express the interactions of those factors mathematically;
613-(C) use mass appraisal techniques to estimate updated property
614-values within statistical measures of accuracy; and
615-(D) provide notice to taxpayers of an assessment increase that
616-results from the application of annual adjustments.
617-(3) Prescribe procedures that permit the application of the
618-adjustment percentages in an efficient manner by assessing
619-officials.
620-(d) The department of local government finance must review and
621-certify each annual adjustment determined under this section.
622-(e) For an assessment beginning after December 31, 2022,
623-agricultural improvements such as but not limited to barns, grain bins,
624-or silos on land assessed as agricultural shall not be adjusted using
625-factors, such as neighborhood delineation, that are appropriate for use
626-in adjusting residential, commercial, and industrial real property. Those
627-portions of agricultural parcels that include land and buildings not used
628-for an agricultural purpose, such as homes, homesites, and excess
629-residential land and commercial or industrial land and buildings, shall
630-be adjusted by the factor or factors developed for other similar property
631-within the geographic stratification. The residential portion of
632-agricultural properties shall be adjusted by the factors applied to
633-similar residential purposes.
634-(f) In making the annual determination of the base rate to satisfy the
635-requirement for an annual adjustment for each assessment date, the
636-department of local government finance shall, not later than March 1
637-of each year, determine the base rate using the methodology reflected
638-in Table 2-18 of Book 1, Chapter 2 of the department of local
639-SEA 1 — Concur 16
640-government finance's Real Property Assessment Guidelines (as in
641-effect on January 1, 2005), except that the department shall adjust the
642-methodology as follows:
643-(1) Use a six (6) year rolling average adjusted under subdivision
644-(3) instead of a four (4) year rolling average.
645-(2) Use the data from the six (6) most recent years preceding the
646-year in which the assessment date occurs for which data is
647-available, before one (1) of those six (6) years is eliminated under
648-subdivision (3) when determining the rolling average.
649-(3) Eliminate in the calculation of the rolling average the year
650-among the six (6) years for which the highest market value in use
651-of agricultural land is determined.
652-(4) After determining a preliminary base rate that would apply for
653-the assessment date without applying the adjustment under this
654-subdivision, the department of local government finance shall
655-adjust the preliminary base rate as follows:
656-(A) If the preliminary base rate for the assessment date would
657-be at least ten percent (10%) greater than the final base rate
658-determined for the preceding assessment date, a capitalization
659-rate of:
660-(i) for purposes of determining the preliminary base rate
661-for the January 1, 2025, and the January 1, 2026,
662-assessment dates, nine percent (9%); and
663-(ii) for purposes of determining the preliminary base
664-rate for assessment dates before January 1, 2025, and for
665-assessment dates after December 31, 2026, eight percent
666-(8%);
667-shall be used to determine the final base rate.
668-(B) If the preliminary base rate for the assessment date would
669-be at least ten percent (10%) less than the final base rate
670-determined for the preceding assessment date, a capitalization
671-rate of six percent (6%) shall be used to determine the final
672-base rate.
673-(C) If neither clause (A) nor clause (B) applies, a capitalization
674-rate of seven percent (7%) shall be used to determine the final
675-base rate.
676-(D) In the case of a market value in use for a year that is used
677-in the calculation of the six (6) year rolling average under
678-subdivision (1) for purposes of determining the base rate for
679-the assessment date:
680-(i) that market value in use shall be recalculated by using the
681-capitalization rate determined under clauses (A) through (C)
682-SEA 1 — Concur 17
683-for the calculation of the base rate for the assessment date;
684-and
685-(ii) the market value in use recalculated under item (i) shall
686-be used in the calculation of the six (6) year rolling average
687-under subdivision (1).
688-(g) For assessment dates after December 31, 2009, an adjustment in
689-the assessed value of real property under this section shall be based on
690-the estimated true tax value of the property on the assessment date that
691-is the basis for taxes payable on that real property.
692-(h) The department shall release the department's annual
693-determination of the base rate on or before March 1 of each year.
694-SECTION 13. IC 6-1.1-8-44, AS AMENDED BY P.L.38-2021,
695-SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
696-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 44. (a) Except to the
697-extent that it conflicts with a statute and subject to subsection (f), 50
698-IAC 5.1 (as in effect January 1, 2001), which was formerly
699-incorporated by reference into this section, is reinstated as a rule.
700-(b) Tangible personal property within the scope of 50 IAC 5.1 (as
701-in effect January 1, 2001) shall be assessed on the assessment dates in
702-calendar years 2003 and thereafter in conformity with 50 IAC 5.1 (as
703-in effect January 1, 2001).
704-(c) The publisher of the Indiana Administrative Code shall publish
705-50 IAC 5.1 (as in effect January 1, 2001) in the Indiana Administrative
706-Code.
707-(d) 50 IAC 5.2 and any other rule to the extent that it conflicts with
708-this section is void.
709-(e) A reference in 50 IAC 5.1 to a governmental entity that has been
710-terminated or a statute that has been repealed or amended shall be
711-treated as a reference to its successor.
712-(f) The department of local government finance may not amend or
713-repeal the following (all as in effect January 1, 2001):
714-(1) 50 IAC 5.1-6-6.
715-(2) 50 IAC 5.1-6-7.
716-(3) 50 IAC 5.1-6-8.
717-(4) 50 IAC 5.1-6-9.
718-(5) 50 IAC 5.1-8-1.
719-(6) 50 IAC 5.1-9-1.
720-(7) 50 IAC 5.1-9-2.
721-However, the department of local government finance may amend
722-these rules to reflect statutory changes.
723-(g) Notwithstanding any other provision of this section, the
724-department of local government finance shall adopt rules
725-SEA 1 — Concur 18
726-amending 50 IAC 5.1 to reflect the enactment of section 45 of this
727-chapter.
728-SECTION 14. IC 6-1.1-8-45 IS ADDED TO THE INDIANA CODE
729-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
730-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 45. (a) This subsection
731-applies only to a taxpayer's assessable depreciable personal
732-property that is placed in service on or before January 1, 2025.
733-Except as provided in subsections (b) and (c), for each assessment
734-date, the total valuation of a taxpayer's assessable depreciable
735-personal property in a single taxing district may not be less than
736-thirty percent (30%) of the adjusted cost of all the taxpayer's
737-assessable depreciable property in the taxing district.
14980+ES 1—LS 7244/DI 120 347
14981+valuation limitations under this section.".
14982+Page 15, delete lines 1 through 13.
14983+PAGE 18, line 16, after "of this" insert "chapter.".
14984+Page 18, delete lines 17 through 42, begin a new paragraph and
14985+insert:
14986+"SECTION 14. IC 6-1.1-8-45 IS ADDED TO THE INDIANA
14987+CODE AS A NEW SECTION TO READ AS FOLLOWS
14988+[EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 45. (a)
14989+This subsection applies only to a taxpayer's assessable depreciable
14990+personal property that is placed in service on or before January 1,
14991+2025. Except as provided in subsections (b) and (c), for each
14992+assessment date, the total valuation of a taxpayer's assessable
14993+depreciable personal property in a single taxing district may not be
14994+less than thirty percent (30%) of the adjusted cost of all the
14995+taxpayer's assessable depreciable property in the taxing district.
73814996 (b) The limitation set forth in subsection (a) is to be applied
73914997 before any special adjustment for abnormal obsolescence. The
74014998 limitation does not apply to equipment not placed in service,
74114999 special tooling, and permanently retired depreciable personal
74215000 property.
74315001 (c) Depreciable personal property that is placed in service after
74415002 January 1, 2025, is not subject to the minimum valuation limitation
74515003 under this section. However, if depreciable personal property is
74615004 placed in service after January 1, 2025, and:
74715005 (1) is located in an existing tax increment allocation area for
74815006 which the base assessed value is determined before January
74915007 1, 2025; or
75015008 (2) property tax revenue that is attributable to the depreciable
75115009 personal property is pledged as payment for bonds, leases, or
75215010 other obligations;
75315011 the depreciable personal property remains subject to the minimum
754-valuation limitations under this section.
755-SECTION 15. IC 6-1.1-10.3-2 IS REPEALED [EFFECTIVE JULY
756-1, 2027]. Sec. 2. As used in this chapter, "local income tax council"
757-refers to the local income tax council established by IC 6-3.6-3-1 for a
758-county.
759-SECTION 16. IC 6-1.1-10.3-3, AS AMENDED BY P.L.197-2016,
760-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
761-JULY 1, 2027]: Sec. 3. As used in this chapter, "exemption ordinance"
762-refers to an ordinance adopted under section 5 of this chapter by a local
763-income tax council (before July 1, 2027) or by a county adopting
764-body specified in IC 6-3.6-3-1(a) (after June 30, 2027).
765-SECTION 17. IC 6-1.1-10.3-5, AS AMENDED BY P.L.197-2016,
766-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
767-JULY 1, 2027]: Sec. 5. (a) A local income tax council county adopting
768-SEA 1 — Concur 19
769-body specified in IC 6-3.6-3-1(a) may adopt an exemption ordinance
770-that exempts new personal property located in the county from property
771-taxation as provided in section 6 of this chapter.
772-(b) For purposes of adopting an exemption ordinance under this
773-chapter, a local income tax council is comprised of the same members
774-as the local income tax council that is established by IC 6-3.6-3-1 for
775-the county, regardless of whether a local income tax is in effect in the
776-county and regardless of how the local income tax in effect in the
777-county is allocated. Except as provided in this chapter, the local income
778-tax council county adopting body shall use the same procedures that
779-apply to county adopting bodies under IC 6-3.6-3 when acting under
780-this chapter.
781-(c) Before adopting an exemption ordinance under this section, a
782-local income tax council county adopting body must conduct a public
783-hearing on the proposed exemption ordinance. The local income tax
784-council county adopting body must publish notice of the public
785-hearing in accordance with IC 5-3-1.
786-(d) The local income tax council county adopting body shall
787-provide a certified copy of an adopted exemption ordinance to the
788-department of local government finance and the county auditor.
789-SECTION 18. IC 6-1.1-10.3-7, AS AMENDED BY P.L.197-2016,
790-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
791-JULY 1, 2027]: Sec. 7. A local income tax council county adopting
792-body specified in IC 6-3.6-3-1(a) may repeal or amend an exemption
793-ordinance. However, if a local income tax council county adopting
794-body repeals or amends an exemption ordinance, any new personal
795-property that was exempt under the exemption ordinance on the date
796-the new personal property was placed into service by a taxpayer
797-remains exempt from property taxation, regardless of whether or not
798-the ownership of the new personal property changes after the date the
799-exemption ordinance is amended or repealed.
800-SECTION 19. IC 6-1.1-12-0.7, AS AMENDED BY P.L.99-2007,
801-SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
802-JULY 1, 2025]: Sec. 0.7. Any individual who is sixty-five (65) years of
803-age, is blind, or has a disability (within the meaning of section 11 of
804-this chapter, before its expiration) may appoint an individual eighteen
805-(18) years of age or older to act on the individual's behalf for purposes
806-of filing property tax deduction statements for any deductions provided
807-by this chapter. If a statement is filed by an appointee, the appointee's
808-name, address, and telephone number must be included in the
809-statement.
810-SECTION 20. IC 6-1.1-12-9, AS AMENDED BY P.L.239-2023,
811-SEA 1 — Concur 20
812-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
813-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 9. (a) An individual may
814-obtain a deduction from the assessed value of the individual's real
815-property, or mobile home or manufactured home which is not assessed
816-as real property, if:
817-(1) the individual is at least sixty-five (65) years of age on or
818-before December 31 of the calendar year preceding the year in
819-which the deduction is claimed;
820-(2) for assessment dates before January 1, 2020, the combined
821-adjusted gross income (as defined in Section 62 of the Internal
822-Revenue Code) of:
823-(A) the individual and the individual's spouse; or
824-(B) the individual and all other individuals with whom:
825-(i) the individual shares ownership; or
826-(ii) the individual is purchasing the property under a
827-contract;
828-as joint tenants or tenants in common;
829-for the calendar year preceding the year in which the deduction is
830-claimed did not exceed twenty-five thousand dollars ($25,000);
831-(3) for assessment dates after December 31, 2019:
832-(A) the individual had, in the case of an individual who filed
833-a single return, adjusted gross income (as defined in Section
834-62 of the Internal Revenue Code) not exceeding thirty
835-thousand dollars ($30,000), and beginning for the January 1,
836-2023, assessment date, and each assessment date thereafter,
837-adjusted annually by an amount equal to the percentage cost
838-of living increase applied for Social Security benefits for the
839-immediately preceding calendar year;
840-(B) the individual had, in the case of an individual who filed
841-a joint income tax return with the individual's spouse,
842-combined adjusted gross income (as defined in Section 62 of
843-the Internal Revenue Code) not exceeding forty thousand
844-dollars ($40,000), and beginning for the January 1, 2023,
845-assessment date, and each assessment date thereafter, adjusted
846-annually by an amount equal to the percentage cost of living
847-increase applied for Social Security benefits for the
848-immediately preceding calendar year; or
849-(C) the combined adjusted gross income (as defined in Section
850-62 of the Internal Revenue Code) of the individual and all
851-other individuals with whom:
852-(i) the individual shares ownership; or
853-(ii) the individual is purchasing the property under a
854-SEA 1 — Concur 21
855-contract;
856-as joint tenants or tenants in common did not exceed forty
857-thousand dollars ($40,000), and beginning for the January 1,
858-2023, assessment date, and each assessment date thereafter,
859-adjusted annually by an amount equal to the percentage cost
860-of living increase applied for Social Security benefits for the
861-immediately preceding calendar year;
862-for the calendar year preceding by two (2) years the calendar year
863-in which the property taxes are first due and payable;
864-(4) the individual has owned the real property, mobile home, or
865-manufactured home for at least one (1) year before claiming the
866-deduction; or the individual has been buying the real property,
867-mobile home, or manufactured home under a contract that
868-provides that the individual is to pay the property taxes on the real
869-property, mobile home, or manufactured home for at least one (1)
870-year before claiming the deduction, and the contract or a
871-memorandum of the contract is recorded in the county recorder's
872-office;
873-(5) for assessment dates:
874-(A) before January 1, 2020, the individual and any individuals
875-covered by subdivision (2)(B) reside on the real property,
876-mobile home, or manufactured home; or
877-(B) after December 31, 2019, the individual and any
878-individuals covered by subdivision (3)(C) reside on the real
879-property, mobile home, or manufactured home;
880-(6) except as provided in subsection (i), the assessed value of the
881-real property, mobile home, or manufactured home does not
882-exceed two hundred forty thousand dollars ($240,000);
883-(7) the individual receives no other property tax deduction for the
884-year in which the deduction is claimed, except the deductions
885-provided by sections 37, (for assessment dates after February 28,
886-2008) 37.5, and 38 of this chapter; and
887-(8) the person:
888-(A) owns the real property, mobile home, or manufactured
889-home; or
890-(B) is buying the real property, mobile home, or manufactured
891-home under contract;
892-on the date the statement required by section 10.1 of this chapter
893-is filed.
894-For purposes of applying the annual cost of living increases described
895-in subdivision (3)(A) through (3)(C), the annual percentage increase is
896-applied to the adjusted amount of income from the immediately
897-SEA 1 — Concur 22
898-preceding year.
899-(b) Except as provided in subsection (h), in the case of real property,
900-an individual's deduction under this section equals the lesser of:
901-(1) one-half (1/2) of the assessed value of the real property; or
902-(2) fourteen thousand dollars ($14,000).
903-(c) Except as provided in subsection (h) and section 40.5 of this
904-chapter, in the case of a mobile home that is not assessed as real
905-property or a manufactured home which is not assessed as real
906-property, an individual's deduction under this section equals the lesser
907-of:
908-(1) one-half (1/2) of the assessed value of the mobile home or
909-manufactured home; or
910-(2) fourteen thousand dollars ($14,000).
911-(d) An individual may not be denied the deduction provided under
912-this section because the individual is absent from the real property,
913-mobile home, or manufactured home while in a nursing home or
914-hospital.
915-(e) For purposes of this section, if real property, a mobile home, or
916-a manufactured home is owned by:
917-(1) tenants by the entirety;
918-(2) joint tenants; or
919-(3) tenants in common;
920-only one (1) deduction may be allowed. However, the age requirement
921-is satisfied if any one (1) of the tenants is at least sixty-five (65) years
922-of age.
923-(f) A surviving spouse is entitled to the deduction provided by this
924-section if:
925-(1) the surviving spouse is at least sixty (60) years of age on or
926-before December 31 of the calendar year preceding the year in
927-which the deduction is claimed;
928-(2) the surviving spouse's deceased husband or wife was at least
929-sixty-five (65) years of age at the time of a death;
930-(3) the surviving spouse has not remarried; and
931-(4) the surviving spouse satisfies the requirements prescribed in
932-subsection (a)(2) through (a)(8).
933-(g) An individual who has sold real property to another person
934-under a contract that provides that the contract buyer is to pay the
935-property taxes on the real property may not claim the deduction
936-provided under this section against that real property.
937-(h) In the case of tenants covered by subsection (a)(2)(B) or
938-(a)(3)(C), if all of the tenants are not at least sixty-five (65) years of
939-age, the deduction allowed under this section shall be reduced by an
940-SEA 1 — Concur 23
941-amount equal to the deduction multiplied by a fraction. The numerator
942-of the fraction is the number of tenants who are not at least sixty-five
943-(65) years of age, and the denominator is the total number of tenants.
944-(i) For purposes of determining the assessed value of the real
945-property, mobile home, or manufactured home under subsection (a)(6)
946-for an individual who has received a deduction under this section in a
947-previous year, increases in assessed value that occur after the later of:
948-(1) December 31, 2019; or
949-(2) the first year that the individual has received the deduction;
950-are not considered unless the increase in assessed value is attributable
951-to substantial renovation or new improvements. Where there is an
952-increase in assessed value for purposes of the deduction under this
953-section, the assessor shall provide a report to the county auditor
954-describing the substantial renovation or new improvements, if any, that
955-were made to the property prior to the increase in assessed value.
956-(j) This section applies only to property taxes imposed for an
957-assessment date before January 1, 2025.
958-(k) This section expires January 1, 2027.
959-SECTION 21. IC 6-1.1-12-10.1, AS AMENDED BY P.L.136-2024,
960-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
961-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 10.1. (a) Except as
962-provided in section 17.8 of this chapter and subject to section 45 of this
963-chapter, an individual who desires to claim the deduction provided by
964-section 9 of this chapter must file a sworn statement, on forms
965-prescribed by the department of local government finance, with the
966-auditor of the county in which the real property, mobile home, or
967-manufactured home is located. To obtain the deduction for a desired
968-calendar year in which property taxes are first due and payable, the
969-statement must be completed, dated, and filed with the county auditor
970-on or before January 15 of the calendar year in which the property taxes
971-are first due and payable. The statement may be filed in person or by
972-mail. If mailed, the mailing must be postmarked on or before the last
973-day for filing.
974-(b) The statement referred to in subsection (a) shall be in affidavit
975-form or require verification under penalties of perjury. The statement
976-must be filed in duplicate if the applicant owns, or is buying under a
977-contract, real property, a mobile home, or a manufactured home subject
978-to assessment in more than one (1) county or in more than one (1)
979-taxing district in the same county. The statement shall contain:
980-(1) the source and exact amount of gross income received by the
981-individual and the individual's spouse during the preceding
982-calendar year;
983-SEA 1 — Concur 24
984-(2) the description and assessed value of the real property, mobile
985-home, or manufactured home;
986-(3) the individual's full name and complete residence address;
987-(4) the record number and page where the contract or
988-memorandum of the contract is recorded if the individual is
989-buying the real property, mobile home, or manufactured home on
990-contract; and
991-(5) any additional information which the department of local
992-government finance may require.
993-(c) In order to substantiate the deduction statement, the applicant
994-shall submit for inspection by the county auditor a copy of the
995-applicant's and a copy of the applicant's spouse's income tax returns
996-that were originally due in the calendar year immediately preceding the
997-desired calendar year in which the property taxes are first due and
998-payable and for which the applicant and the applicant's spouse desire
999-to claim the deduction. If either was not required to file an income tax
1000-return, the applicant shall subscribe to that fact in the deduction
1001-statement.
1002-(d) This section applies only to property taxes imposed for an
1003-assessment date before January 1, 2025.
1004-(e) This section expires January 1, 2027.
1005-SECTION 22. IC 6-1.1-12-11, AS AMENDED BY P.L.148-2015,
1006-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1007-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 11. (a) Except as
1008-provided in section 40.5 of this chapter, an individual may have the
1009-sum of twelve thousand four hundred eighty dollars ($12,480) deducted
1010-from the assessed value of real property, mobile home not assessed as
1011-real property, or manufactured home not assessed as real property that
1012-the individual owns, or that the individual is buying under a contract
1013-that provides that the individual is to pay property taxes on the real
1014-property, mobile home, or manufactured home, if the contract or a
1015-memorandum of the contract is recorded in the county recorder's office,
1016-and if:
1017-(1) the individual is blind or the individual has a disability;
1018-(2) the real property, mobile home, or manufactured home is
1019-principally used and occupied by the individual as the individual's
1020-residence;
1021-(3) the individual's taxable gross income for the calendar year
1022-preceding the year in which the deduction is claimed did not
1023-exceed seventeen thousand dollars ($17,000); and
1024-(4) the individual:
1025-(A) owns the real property, mobile home, or manufactured
1026-SEA 1 — Concur 25
1027-home; or
1028-(B) is buying the real property, mobile home, or manufactured
1029-home under contract;
1030-on the date the statement required by section 12 of this chapter is
1031-filed.
1032-(b) For purposes of this section, taxable gross income does not
1033-include income which is not taxed under the federal income tax laws.
1034-(c) For purposes of this section, "blind" has the same meaning as the
1035-definition contained in IC 12-7-2-21(1).
1036-(d) For purposes of this section, "individual with a disability" means
1037-a person unable to engage in any substantial gainful activity by reason
1038-of a medically determinable physical or mental impairment which:
1039-(1) can be expected to result in death; or
1040-(2) has lasted or can be expected to last for a continuous period of
1041-not less than twelve (12) months.
1042-(e) An individual with a disability filing a claim under this section
1043-shall submit proof of the disability. Proof that a claimant is eligible to
1044-receive disability benefits under the federal Social Security Act (42
1045-U.S.C. 301 et seq.) shall constitute proof of disability for purposes of
1046-this section.
1047-(f) An individual with a disability not covered under the federal
1048-Social Security Act shall be examined by a physician and the
1049-individual's status as an individual with a disability determined by
1050-using the same standards as used by the Social Security Administration.
1051-The costs of this examination shall be borne by the claimant.
1052-(g) An individual who has sold real property, a mobile home not
1053-assessed as real property, or a manufactured home not assessed as real
1054-property to another person under a contract that provides that the
1055-contract buyer is to pay the property taxes on the real property, mobile
1056-home, or manufactured home may not claim the deduction provided
1057-under this section against that real property, mobile home, or
1058-manufactured home.
1059-(h) This section applies only to property taxes imposed for an
1060-assessment date before January 1, 2025.
1061-(i) This section expires January 1, 2027.
1062-SECTION 23. IC 6-1.1-12-12, AS AMENDED BY P.L.136-2024,
1063-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1064-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 12. (a) Except as
1065-provided in section 17.8 of this chapter and subject to section 45 of this
1066-chapter, a person who desires to claim the deduction provided in
1067-section 11 of this chapter must file an application, on forms prescribed
1068-by the department of local government finance, with the auditor of the
1069-SEA 1 — Concur 26
1070-county in which the real property, mobile home not assessed as real
1071-property, or manufactured home not assessed as real property is
1072-located. To obtain the deduction for a desired calendar year in which
1073-property taxes are first due and payable, the application must be
1074-completed, dated, and filed with the county auditor on or before
1075-January 15 of the calendar year in which the property taxes are first due
1076-and payable. The application may be filed in person or by mail. If
1077-mailed, the mailing must be postmarked on or before the last day for
1078-filing.
1079-(b) Proof of blindness may be supported by:
1080-(1) the records of the division of family resources or the division
1081-of disability and rehabilitative services; or
1082-(2) the written statement of a physician who is licensed by this
1083-state and skilled in the diseases of the eye or of a licensed
1084-optometrist.
1085-(c) The application required by this section must contain the record
1086-number and page where the contract or memorandum of the contract
1087-is recorded if the individual is buying the real property, mobile home,
1088-or manufactured home on a contract that provides that the individual
1089-is to pay property taxes on the real property, mobile home, or
1090-manufactured home.
1091-(d) This section applies only to property taxes imposed for an
1092-assessment date before January 1, 2025.
1093-(e) This section expires January 1, 2027.
1094-SECTION 24. IC 6-1.1-12-13, AS AMENDED BY
1095-P.L.293-2013(ts), SECTION 1, IS AMENDED TO READ AS
1096-FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
1097-Sec. 13. (a) Except as provided in section 40.5 of this chapter, an
1098-individual may have twenty-four thousand nine hundred sixty dollars
1099-($24,960) deducted from the assessed value of the taxable tangible
1100-property that the individual owns, or real property, a mobile home not
1101-assessed as real property, or a manufactured home not assessed as real
1102-property that the individual is buying under a contract that provides
1103-that the individual is to pay property taxes on the real property, mobile
1104-home, or manufactured home, if the contract or a memorandum of the
1105-contract is recorded in the county recorder's office and if:
1106-(1) the individual served in the military or naval forces of the
1107-United States during any of its wars;
1108-(2) the individual received an honorable discharge;
1109-(3) the individual has a disability with a service connected
1110-disability of ten percent (10%) or more;
1111-(4) the individual's disability is evidenced by:
1112-SEA 1 — Concur 27
1113-(A) a pension certificate, an award of compensation, or a
1114-disability compensation check issued by the United States
1115-Department of Veterans Affairs; or
1116-(B) a certificate of eligibility issued to the individual by the
1117-Indiana department of veterans' affairs after the Indiana
1118-department of veterans' affairs has determined that the
1119-individual's disability qualifies the individual to receive a
1120-deduction under this section; and
1121-(5) the individual:
1122-(A) owns the real property, mobile home, or manufactured
1123-home; or
1124-(B) is buying the real property, mobile home, or manufactured
1125-home under contract;
1126-on the date the statement required by section 15 of this chapter is
1127-filed.
1128-(b) The surviving spouse of an individual may receive the deduction
1129-provided by this section if the individual satisfied the requirements of
1130-subsection (a)(1) through (a)(4) at the time of death and the surviving
1131-spouse satisfies the requirement of subsection (a)(5) at the time the
1132-deduction statement is filed. The surviving spouse is entitled to the
1133-deduction regardless of whether the property for which the deduction
1134-is claimed was owned by the deceased veteran or the surviving spouse
1135-before the deceased veteran's death.
1136-(c) One who receives the deduction provided by this section may not
1137-receive the deduction provided by section 16 of this chapter. However,
1138-the individual may receive any other property tax deduction which the
1139-individual is entitled to by law.
1140-(d) An individual who has sold real property, a mobile home not
1141-assessed as real property, or a manufactured home not assessed as real
1142-property to another person under a contract that provides that the
1143-contract buyer is to pay the property taxes on the real property, mobile
1144-home, or manufactured home may not claim the deduction provided
1145-under this section against that real property, mobile home, or
1146-manufactured home.
1147-(e) This section applies only to property taxes imposed for an
1148-assessment date before January 1, 2025.
1149-(f) This section expires January 1, 2027.
1150-SECTION 25. IC 6-1.1-12-14, AS AMENDED BY P.L.136-2024,
1151-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1152-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14. (a) Except as
1153-provided in subsection (c) and except as provided in section 40.5 of
1154-this chapter, an individual may have the sum of fourteen thousand
1155-SEA 1 — Concur 28
1156-dollars ($14,000) deducted from the assessed value of the real property,
1157-mobile home not assessed as real property, or manufactured home not
1158-assessed as real property that the individual owns (or the real property,
1159-mobile home not assessed as real property, or manufactured home not
1160-assessed as real property that the individual is buying under a contract
1161-that provides that the individual is to pay property taxes on the real
1162-property, mobile home, or manufactured home if the contract or a
1163-memorandum of the contract is recorded in the county recorder's office)
1164-if:
1165-(1) the individual served in the military or naval forces of the
1166-United States for at least ninety (90) days;
1167-(2) the individual received an honorable discharge;
1168-(3) the individual either:
1169-(A) has a total disability; or
1170-(B) is at least sixty-two (62) years old and has a disability of at
1171-least ten percent (10%);
1172-(4) the individual's disability is evidenced by:
1173-(A) a pension certificate or an award of compensation issued
1174-by the United States Department of Veterans Affairs; or
1175-(B) a certificate of eligibility issued to the individual by the
1176-Indiana department of veterans' affairs after the Indiana
1177-department of veterans' affairs has determined that the
1178-individual's disability qualifies the individual to receive a
1179-deduction under this section; and
1180-(5) the individual:
1181-(A) owns the real property, mobile home, or manufactured
1182-home; or
1183-(B) is buying the real property, mobile home, or manufactured
1184-home under contract;
1185-on the date the statement required by section 15 of this chapter is
1186-filed.
1187-(b) Except as provided in subsections (c) and (d), the surviving
1188-spouse of an individual may receive the deduction provided by this
1189-section if:
1190-(1) the individual satisfied the requirements of subsection (a)(1)
1191-through (a)(4) at the time of death; or
1192-(2) the individual:
1193-(A) was killed in action;
1194-(B) died while serving on active duty in the military or naval
1195-forces of the United States; or
1196-(C) died while performing inactive duty training in the military
1197-or naval forces of the United States; and
1198-SEA 1 — Concur 29
1199-the surviving spouse satisfies the requirement of subsection (a)(5) at
1200-the time the deduction statement is filed. The surviving spouse is
1201-entitled to the deduction regardless of whether the property for which
1202-the deduction is claimed was owned by the deceased veteran or the
1203-surviving spouse before the deceased veteran's death.
1204-(c) Except as provided in subsection (f), no one is entitled to the
1205-deduction provided by this section if the assessed value of the
1206-individual's Indiana real property, Indiana mobile home not assessed as
1207-real property, and Indiana manufactured home not assessed as real
1208-property, as shown by the tax duplicate, exceeds the assessed value
1209-limit specified in subsection (d).
1210-(d) Except as provided in subsection (f), for the:
1211-(1) January 1, 2017, January 1, 2018, and January 1, 2019,
1212-assessment dates, the assessed value limit for purposes of
1213-subsection (c) is one hundred seventy-five thousand dollars
1214-($175,000);
1215-(2) January 1, 2020, January 1, 2021, January 1, 2022, and
1216-January 1, 2023, assessment dates, the assessed value limit for
1217-purposes of subsection (c) is two hundred thousand dollars
1218-($200,000); and
1219-(3) January 1, 2024, assessment date and for each assessment date
1220-thereafter, the assessed value limit for purposes of subsection (c)
1221-is two hundred forty thousand dollars ($240,000).
1222-(e) An individual who has sold real property, a mobile home not
1223-assessed as real property, or a manufactured home not assessed as real
1224-property to another person under a contract that provides that the
1225-contract buyer is to pay the property taxes on the real property, mobile
1226-home, or manufactured home may not claim the deduction provided
1227-under this section against that real property, mobile home, or
1228-manufactured home.
1229-(f) For purposes of determining the assessed value of the real
1230-property, mobile home, or manufactured home under subsection (d) for
1231-an individual who has received a deduction under this section in a
1232-previous year, increases in assessed value that occur after the later of:
1233-(1) December 31, 2019; or
1234-(2) the first year that the individual has received the deduction;
1235-are not considered unless the increase in assessed value is attributable
1236-to substantial renovation or new improvements. Where there is an
1237-increase in assessed value for purposes of the deduction under this
1238-section, the assessor shall provide a report to the county auditor
1239-describing the substantial renovation or new improvements, if any, that
1240-were made to the property prior to the increase in assessed value.
1241-SEA 1 — Concur 30
1242-(g) This section applies only to property taxes imposed for an
1243-assessment date before January 1, 2025.
1244-(h) This section expires January 1, 2027.
1245-SECTION 26. IC 6-1.1-12-14.5, AS ADDED BY P.L.100-2016,
1246-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1247-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14.5. (a) As used in this
1248-section, "homestead" has the meaning set forth in IC 6-1.1-12-37.
1249-section 37 of this chapter.
1250-(b) An individual may claim a deduction from the assessed value of
1251-the individual's homestead if:
1252-(1) the individual served in the military or naval forces of the
1253-United States for at least ninety (90) days;
1254-(2) the individual received an honorable discharge;
1255-(3) the individual has a disability of at least fifty percent (50%);
1256-(4) the individual's disability is evidenced by:
1257-(A) a pension certificate or an award of compensation issued
1258-by the United States Department of Veterans Affairs; or
1259-(B) a certificate of eligibility issued to the individual by the
1260-Indiana department of veterans' affairs after the Indiana
1261-department of veterans' affairs has determined that the
1262-individual's disability qualifies the individual to receive a
1263-deduction under this section; and
1264-(5) the homestead was conveyed without charge to the individual
1265-who is the owner of the homestead by an organization that is
1266-exempt from income taxation under the federal Internal Revenue
1267-Code.
1268-(c) If an individual is entitled to a deduction from assessed value
1269-under subsection (b) for the individual's homestead, the amount of the
1270-deduction is determined as follows:
1271-(1) If the individual is totally disabled, the deduction is equal to
1272-one hundred percent (100%) of the assessed value of the
1273-homestead.
1274-(2) If the individual has a disability of at least ninety percent
1275-(90%) but the individual is not totally disabled, the deduction is
1276-equal to ninety percent (90%) of the assessed value of the
1277-homestead.
1278-(3) If the individual has a disability of at least eighty percent
1279-(80%) but less than ninety percent (90%), the deduction is equal
1280-to eighty percent (80%) of the assessed value of the homestead.
1281-(4) If the individual has a disability of at least seventy percent
1282-(70%) but less than eighty percent (80%), the deduction is equal
1283-to seventy percent (70%) of the assessed value of the homestead.
1284-SEA 1 — Concur 31
1285-(5) If the individual has a disability of at least sixty percent (60%)
1286-but less than seventy percent (70%), the deduction is equal to
1287-sixty percent (60%) of the assessed value of the homestead.
1288-(6) If the individual has a disability of at least fifty percent (50%)
1289-but less than sixty percent (60%), the deduction is equal to fifty
1290-percent (50%) of the assessed value of the homestead.
1291-(d) An individual who claims a deduction under this section for an
1292-assessment date may not also claim a deduction under section 13 or 14
1293-of this chapter (before their expiration) for that same assessment date.
1294-(e) An individual who desires to claim the deduction under this
1295-section must claim the deduction in the manner specified by the
1296-department of local government finance.
1297-SECTION 27. IC 6-1.1-12-15, AS AMENDED BY P.L.136-2024,
1298-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1299-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 15. (a) Except as
1300-provided in section 17.8 of this chapter and subject to section 45 of this
1301-chapter, an individual who desires to claim the deduction provided by
1302-section 13 or 14 of this chapter must file a statement with the auditor
1303-of the county in which the individual resides. To obtain the deduction
1304-for a desired calendar year in which property taxes are first due and
1305-payable, the statement must be completed, dated, and filed with the
1306-county auditor on or before January 15 of the calendar year in which
1307-the property taxes are first due and payable. The statement may be filed
1308-in person or by mail. If mailed, the mailing must be postmarked on or
1309-before the last day for filing. The statement shall contain a sworn
1310-declaration that the individual is entitled to the deduction.
1311-(b) In addition to the statement, the individual shall submit to the
1312-county auditor for the auditor's inspection:
1313-(1) a pension certificate, an award of compensation, or a disability
1314-compensation check issued by the United States Department of
1315-Veterans Affairs if the individual claims the deduction provided
1316-by section 13 of this chapter;
1317-(2) a pension certificate or an award of compensation issued by
1318-the United States Department of Veterans Affairs if the individual
1319-claims the deduction provided by section 14 of this chapter; or
1320-(3) the appropriate certificate of eligibility issued to the individual
1321-by the Indiana department of veterans' affairs if the individual
1322-claims the deduction provided by section 13 or 14 of this chapter.
1323-(c) If the individual claiming the deduction is under guardianship,
1324-the guardian shall file the statement required by this section. If a
1325-deceased veteran's surviving spouse is claiming the deduction, the
1326-surviving spouse shall provide the documentation necessary to
1327-SEA 1 — Concur 32
1328-establish that at the time of death the deceased veteran satisfied the
1329-requirements of section 13(a)(1) through 13(a)(4) of this chapter,
1330-section 14(a)(1) through 14(a)(4) of this chapter, or section 14(b)(2) of
1331-this chapter, whichever applies.
1332-(d) If the individual claiming a deduction under section 13 or 14 of
1333-this chapter is buying real property, a mobile home not assessed as real
1334-property, or a manufactured home not assessed as real property under
1335-a contract that provides that the individual is to pay property taxes for
1336-the real estate, mobile home, or manufactured home, the statement
1337-required by this section must contain the record number and page
1338-where the contract or memorandum of the contract is recorded.
1339-(e) This section applies only to property taxes imposed for an
1340-assessment date before January 1, 2025.
1341-(f) This section expires January 1, 2027.
1342-SECTION 28. IC 6-1.1-12-16, AS AMENDED BY P.L.1-2009,
1343-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1344-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 16. (a) Except as
1345-provided in section 40.5 of this chapter, a surviving spouse may have
1346-the sum of eighteen thousand seven hundred twenty dollars ($18,720)
1347-deducted from the assessed value of his or her the surviving spouse's
1348-tangible property, or real property, mobile home not assessed as real
1349-property, or manufactured home not assessed as real property that the
1350-surviving spouse is buying under a contract that provides that the
1351-surviving spouse is to pay property taxes on the real property, mobile
1352-home, or manufactured home, if the contract or a memorandum of the
1353-contract is recorded in the county recorder's office, and if:
1354-(1) the deceased spouse served in the military or naval forces of
1355-the United States before November 12, 1918;
1356-(2) the deceased spouse received an honorable discharge; and
1357-(3) the surviving spouse:
1358-(A) owns the real property, mobile home, or manufactured
1359-home; or
1360-(B) is buying the real property, mobile home, or manufactured
1361-home under contract;
1362-on the date the statement required by section 17 of this chapter is
1363-filed.
1364-(b) A surviving spouse who receives the deduction provided by this
1365-section may not receive the deduction provided by section 13 of this
1366-chapter. However, he or she the surviving spouse may receive any
1367-other deduction which he or she the surviving spouse is entitled to by
1368-law.
1369-(c) An individual who has sold real property, a mobile home not
1370-SEA 1 — Concur 33
1371-assessed as real property, or a manufactured home not assessed as real
1372-property to another person under a contract that provides that the
1373-contract buyer is to pay the property taxes on the real property, mobile
1374-home, or manufactured home may not claim the deduction provided
1375-under this section against that real property, mobile home, or
1376-manufactured home.
1377-(d) This section applies only to property taxes imposed for an
1378-assessment date before January 1, 2025.
1379-(e) This section expires January 1, 2027.
1380-SECTION 29. IC 6-1.1-12-17, AS AMENDED BY P.L.136-2024,
1381-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1382-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 17. (a) Except as
1383-provided in section 17.8 of this chapter and subject to section 45 of this
1384-chapter, a surviving spouse who desires to claim the deduction
1385-provided by section 16 of this chapter must file a statement with the
1386-auditor of the county in which the surviving spouse resides. To obtain
1387-the deduction for a desired calendar year in which property taxes are
1388-first due and payable, the statement must be completed, dated, and filed
1389-with the county auditor on or before January 15 of the calendar year in
1390-which the property taxes are first due and payable. The statement may
1391-be filed in person or by mail. If mailed, the mailing must be postmarked
1392-on or before the last day for filing. The statement shall contain:
1393-(1) a sworn statement that the surviving spouse is entitled to the
1394-deduction; and
1395-(2) the record number and page where the contract or
1396-memorandum of the contract is recorded, if the individual is
1397-buying the real property on a contract that provides that the
1398-individual is to pay property taxes on the real property.
1399-In addition to the statement, the surviving spouse shall submit to the
1400-county auditor for the auditor's inspection a letter or certificate from the
1401-United States Department of Veterans Affairs establishing the service
1402-of the deceased spouse in the military or naval forces of the United
1403-States before November 12, 1918.
1404-(b) This section applies only to property taxes imposed for an
1405-assessment date before January 1, 2025.
1406-(c) This section expires January 1, 2027.
1407-SECTION 30. IC 6-1.1-12-17.8, AS AMENDED BY THE
1408-TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
1409-ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1410-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 17.8. (a) An individual
1411-who receives a deduction provided under section 9 (before its
1412-expiration), 11 (before its expiration), 13 (before its expiration), 14
1413-SEA 1 — Concur 34
1414-(before its expiration), 16 (before its expiration), 17.4 (before its
1415-expiration), or 37 of this chapter in a particular year and who remains
1416-eligible for the deduction in the following year is not required to file a
1417-statement to apply for the deduction in the following year. However, for
1418-purposes of a deduction under section 37 of this chapter, the county
1419-auditor may, in the county auditor's discretion, terminate the deduction
1420-for assessment dates after January 15, 2012, if the individual does not
1421-comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
1422-1, 2015), as determined by the county auditor, before January 1, 2013.
1423-Before the county auditor terminates the deduction because the
1424-taxpayer claiming the deduction did not comply with the requirement
1425-in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
1426-2013, the county auditor shall mail notice of the proposed termination
1427-of the deduction to:
1428-(1) the last known address of each person liable for any property
1429-taxes or special assessment, as shown on the tax duplicate or
1430-special assessment records; or
1431-(2) the last known address of the most recent owner shown in the
1432-transfer book.
1433-(b) An individual who receives a deduction provided under section
1434-9 (before its expiration), 11 (before its expiration), 13 (before its
1435-expiration), 14 (before its expiration), 16 (before its expiration), or
1436-17.4 (before its expiration) of this chapter in a particular year and who
1437-becomes ineligible for the deduction in the following year shall notify
1438-the auditor of the county in which the real property, mobile home, or
1439-manufactured home for which the individual claims the deduction is
1440-located of the individual's ineligibility in the year in which the
1441-individual becomes ineligible. An individual who becomes ineligible
1442-for a deduction under section 37 of this chapter shall notify the county
1443-auditor of the county in which the property is located in conformity
1444-with section 37 of this chapter.
1445-(c) The auditor of each county shall, in a particular year, apply a
1446-deduction provided under section 9 (before its expiration), 11 (before
1447-its expiration), 13 (before its expiration), 14 (before its expiration),
1448-16 (before its expiration), 17.4 (before its expiration), or 37 of this
1449-chapter to each individual who received the deduction in the preceding
1450-year unless the auditor determines that the individual is no longer
1451-eligible for the deduction.
1452-(d) An individual who receives a deduction provided under section
1453-9 (before its expiration), 11 (before its expiration), 13 (before its
1454-expiration), 14 (before its expiration), 16 (before its expiration),
1455-17.4 (before its expiration), or 37 of this chapter for property that is
1456-SEA 1 — Concur 35
1457-jointly held with another owner in a particular year and remains eligible
1458-for the deduction in the following year is not required to file a
1459-statement to reapply for the deduction following the removal of the
1460-joint owner if:
1461-(1) the individual is the sole owner of the property following the
1462-death of the individual's spouse; or
1463-(2) the individual is the sole owner of the property following the
1464-death of a joint owner who was not the individual's spouse.
1465-If a county auditor terminates a deduction under section 9 of this
1466-chapter (before its expiration), a deduction under section 37 of this
1467-chapter, or a credit under IC 6-1.1-20.6-8.5 after June 30, 2017, and
1468-before May 1, 2019, because the taxpayer claiming the deduction or
1469-credit did not comply with a requirement added to this subsection by
1470-P.L.255-2017 to reapply for the deduction or credit, the county auditor
1471-shall reinstate the deduction or credit if the taxpayer provides proof that
1472-the taxpayer is eligible for the deduction or credit and is not claiming
1473-the deduction or credit for any other property.
1474-(e) A trust entitled to a deduction under section 9 (before its
1475-expiration), 11 (before its expiration), 13 (before its expiration), 14
1476-(before its expiration), 16 (before its expiration), 17.4 (before its
1477-expiration), or 37 of this chapter for real property owned by the trust
1478-and occupied by an individual in accordance with section 17.9 of this
1479-chapter (before its expiration) is not required to file a statement to
1480-apply for the deduction, if:
1481-(1) the individual who occupies the real property receives a
1482-deduction provided under section 9 (before its expiration), 11
1483-(before its expiration), 13 (before its expiration), 14 (before its
1484-expiration), 16 (before its expiration), 17.4 (before its
1485-expiration), or 37 of this chapter in a particular year; and
1486-(2) the trust remains eligible for the deduction in the following
1487-year.
1488-However, for purposes of a deduction under section 37 of this chapter,
1489-the individuals that qualify the trust for a deduction must comply with
1490-the requirement in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015)
1491-before January 1, 2013.
1492-(f) A cooperative housing corporation (as defined in 26 U.S.C. 216)
1493-that is entitled to a deduction under section 37 of this chapter in the
1494-immediately preceding calendar year for a homestead (as defined in
1495-section 37 of this chapter) is not required to file a statement to apply for
1496-the deduction for the current calendar year if the cooperative housing
1497-corporation remains eligible for the deduction for the current calendar
1498-year. However, the county auditor may, in the county auditor's
1499-SEA 1 — Concur 36
1500-discretion, terminate the deduction for assessment dates after January
1501-15, 2012, if the individual does not comply with the requirement in
1502-IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015), as determined by the
1503-county auditor, before January 1, 2013. Before the county auditor
1504-terminates a deduction because the taxpayer claiming the deduction did
1505-not comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired
1506-January 1, 2015) before January 1, 2013, the county auditor shall mail
1507-notice of the proposed termination of the deduction to:
1508-(1) the last known address of each person liable for any property
1509-taxes or special assessment, as shown on the tax duplicate or
1510-special assessment records; or
1511-(2) the last known address of the most recent owner shown in the
1512-transfer book.
1513-(g) An individual who:
1514-(1) was eligible for a homestead credit under IC 6-1.1-20.9
1515-(repealed) for property taxes imposed for the March 1, 2007, or
1516-January 15, 2008, assessment date; or
1517-(2) would have been eligible for a homestead credit under
1518-IC 6-1.1-20.9 (repealed) for property taxes imposed for the March
1519-1, 2008, or January 15, 2009, assessment date if IC 6-1.1-20.9 had
1520-not been repealed;
1521-is not required to file a statement to apply for a deduction under section
1522-37 of this chapter if the individual remains eligible for the deduction in
1523-the current year. An individual who filed for a homestead credit under
1524-IC 6-1.1-20.9 (repealed) for an assessment date after March 1, 2007 (if
1525-the property is real property), or after January 1, 2008 (if the property
1526-is personal property), shall be treated as an individual who has filed for
1527-a deduction under section 37 of this chapter. However, the county
1528-auditor may, in the county auditor's discretion, terminate the deduction
1529-for assessment dates after January 15, 2012, if the individual does not
1530-comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
1531-1, 2015), as determined by the county auditor, before January 1, 2013.
1532-Before the county auditor terminates the deduction because the
1533-taxpayer claiming the deduction did not comply with the requirement
1534-in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
1535-2013, the county auditor shall mail notice of the proposed termination
1536-of the deduction to the last known address of each person liable for any
1537-property taxes or special assessment, as shown on the tax duplicate or
1538-special assessment records, or to the last known address of the most
1539-recent owner shown in the transfer book.
1540-(h) If a county auditor terminates a deduction because the taxpayer
1541-claiming the deduction did not comply with the requirement in
1542-SEA 1 — Concur 37
1543-IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1, 2013,
1544-the county auditor shall reinstate the deduction if the taxpayer provides
1545-proof that the taxpayer is eligible for the deduction and is not claiming
1546-the deduction for any other property.
1547-(i) A taxpayer described in section 37(q) 37(r) of this chapter is not
1548-required to file a statement to apply for the deduction provided by
1549-section 37 of this chapter if the property owned by the taxpayer remains
1550-eligible for the deduction for that calendar year.
1551-SECTION 31. IC 6-1.1-12-17.9, AS AMENDED BY P.L.190-2016,
1552-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1553-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 17.9. (a) A trust is
1554-entitled to a deduction under section 9 (before its expiration), 11
1555-(before its expiration), 13 (before its expiration), 14 (before its
1556-expiration), 16 (before its expiration), or 17.4 (before its expiration)
1557-of this chapter for real property owned by the trust and occupied by an
1558-individual if the county auditor determines that the individual:
1559-(1) upon verification in the body of the deed or otherwise, has
1560-either:
1561-(A) a beneficial interest in the trust; or
1562-(B) the right to occupy the real property rent free under the
1563-terms of a qualified personal residence trust created by the
1564-individual under United States Treasury Regulation
1565-25.2702-5(c)(2); and
1566-(2) otherwise qualifies for the deduction.
1567-(b) This section applies only to property taxes imposed for an
1568-assessment date before January 1, 2025.
1569-(c) This section expires January 1, 2027.
1570-SECTION 32. IC 6-1.1-12-18, AS AMENDED BY P.L.181-2016,
1571-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1572-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 18. (a) This section
1573-applies only to:
1574-(1) rehabilitation of residential real property that occurs before
1575-January 2, 2017; and
1576-(2) property taxes imposed for an assessment date before
1577-January 1, 2025.
1578-(b) If the assessed value of residential real property described in
1579-subsection (e) is increased because it has been rehabilitated, the owner
1580-may have deducted from the assessed value of the property an amount
1581-not to exceed the lesser of:
1582-(1) the total increase in assessed value resulting from the
1583-rehabilitation (excluding an increase in assessed value that occurs
1584-after January 1, 2017); or
1585-SEA 1 — Concur 38
1586-(2) eighteen thousand seven hundred twenty dollars ($18,720) per
1587-rehabilitated dwelling unit.
1588-The owner is entitled to this deduction annually for a five (5) year
1589-period, or if subsection (f) applies, the period established under
1590-subsection (f).
1591-(c) For purposes of this section, the term "rehabilitation" means
1592-significant repairs, replacements, or improvements to an existing
1593-structure which are intended to increase the livability, utility, safety, or
1594-value of the property under rules adopted by the department of local
1595-government finance.
1596-(d) For the purposes of this section, the term "owner" or "property
1597-owner" includes any person who has the legal obligation, or has
1598-otherwise assumed the obligation, to pay the real property taxes on the
1599-rehabilitated property.
1600-(e) The deduction provided by this section applies only:
1601-(1) for the rehabilitation of residential real property which is
1602-located within this state and which is described in one (1) of the
1603-following classifications:
1604-(A) A single family dwelling if before rehabilitation the
1605-assessed value (excluding any exemptions or deductions) of
1606-the improvements does not exceed thirty-seven thousand four
1607-hundred forty dollars ($37,440).
1608-(B) A two (2) family dwelling if before rehabilitation the
1609-assessed value (excluding exemptions or deductions) of the
1610-improvements does not exceed forty-nine thousand nine
1611-hundred twenty dollars ($49,920).
1612-(C) A dwelling with more than two (2) family units if before
1613-rehabilitation the assessed value (excluding any exemptions or
1614-deductions) of the improvements does not exceed eighteen
1615-thousand seven hundred twenty dollars ($18,720) per dwelling
1616-unit; and
1617-(2) if the property owner:
1618-(A) owns the residential real property; or
1619-(B) is buying the residential real property under contract;
1620-on the assessment date of the year in which an application must
1621-be filed under section 20 of this chapter.
1622-(f) A county, city, or town fiscal body may adopt an ordinance to
1623-establish a deduction period that is longer than five (5) years but not to
1624-exceed fifteen (15) years for any rehabilitated property covered by this
1625-section that has also been determined to be abandoned or vacant for
1626-purposes of IC 6-1.1-24.
1627-(g) This section expires January 1, 2033. 2027.
1628-SEA 1 — Concur 39
1629-SECTION 33. IC 6-1.1-12-21 IS AMENDED TO READ AS
1630-FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
1631-Sec. 21. When real property is reassessed because it has been
1632-rehabilitated, the assessing official who, or the county property tax
1633-assessment board of appeals which, makes the reassessment shall give
1634-the owner notice of the property tax deductions provided by sections 18
1635-and 22 of this chapter (before their expiration). The official or county
1636-property tax assessment board of appeals shall attach the notice to the
1637-reassessment notice required by IC 6-1.1-4-22.
1638-SECTION 34. IC 6-1.1-12-26, AS AMENDED BY P.L.113-2010,
1639-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1640-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 26. (a) The owner of real
1641-property, or a mobile home which is not assessed as real property,
1642-which is equipped with a solar energy heating or cooling system may
1643-have deducted annually from the assessed value of the real property or
1644-mobile home an amount which is equal to the out-of-pocket
1645-expenditures by the owner (or a previous owner) of the real property or
1646-mobile home for:
1647-(1) the components; and
1648-(2) the labor involved in installing the components;
1649-that are unique to the system and that are needed to collect, store, or
1650-distribute solar energy.
1651-(b) The tangible property to which subsection (a) applies includes
1652-a solar thermal air system and any solar energy heating or cooling
1653-system used for:
1654-(1) domestic hot water or space heat, or both, including pool
1655-heating; or
1656-(2) preheating for an industrial process.
1657-(c) Subsection (a) does not apply to tangible property that would not
1658-be subject to assessment and taxation under this article if this section
1659-did not apply.
1660-(d) For purposes of subsection (a), proof of out-of-pocket
1661-expenditures may be demonstrated by invoices or other evidence of a
1662-purchase and installation, as determined under rules or guidelines
1663-prescribed by the department of local government finance.
1664-(e) This section applies only to property taxes imposed for an
1665-assessment date before January 1, 2025.
1666-(f) This section expires January 1, 2027.
1667-SECTION 35. IC 6-1.1-12-26.1, AS ADDED BY P.L.137-2012,
1668-SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1669-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 26.1. (a) This section
1670-applies only to a solar power device that is installed after December 31,
1671-SEA 1 — Concur 40
1672-2011.
1673-(b) This section does not apply to a solar power device that is owned
1674-or operated by a person that provides electricity at wholesale or retail
1675-for consideration other than a person that:
1676-(1) participates in a net metering or feed-in-tariff program offered
1677-by an electric utility with respect to the solar power device; or
1678-(2) is the owner or host of the solar power device site and a person
1679-consumes on the site the equivalent amount of electricity that is
1680-generated by the solar power device on an annual basis even if the
1681-electricity is sold to a public utility, including a solar power
1682-device directly serving a public utility's business operations site.
1683-(c) For purposes of this section, "solar power device" means a
1684-device, such as a solar thermal, a photovoltaic, or other solar energy
1685-system, that is designed to use the radiant light or heat from the sun to
1686-produce electricity.
1687-(d) The owner of real property equipped with a solar power device
1688-that is assessed as a real property improvement may have deducted
1689-annually from the assessed value of the real property an amount equal
1690-to:
1691-(1) the assessed value of the real property with the solar power
1692-device included; minus
1693-(2) the assessed value of the real property without the solar power
1694-device.
1695-(e) The owner of a solar power device that is assessed as:
1696-(1) distributable property under IC 6-1.1-8; or
1697-(2) personal property;
1698-may have deducted annually the assessed value of the solar power
1699-device.
1700-(f) This section applies only to property taxes imposed for an
1701-assessment date before January 1, 2025.
1702-(g) This section expires January 1, 2027.
1703-SECTION 36. IC 6-1.1-12-27.1, AS AMENDED BY P.L.136-2024,
1704-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1705-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 27.1. (a) Except as
1706-provided in sections 36 and 44 of this chapter and subject to section 45
1707-of this chapter, a person who desires to claim the deduction provided
1708-by section 26 or 26.1 of this chapter must file a certified statement in
1709-duplicate, on forms prescribed by the department of local government
1710-finance, with the auditor of the county in which the real property,
1711-mobile home, manufactured home, or solar power device is subject to
1712-assessment. To obtain the deduction for a desired calendar year in
1713-which property taxes are first due and payable, the person must
1714-SEA 1 — Concur 41
1715-complete, date, and file the certified statement with the county auditor
1716-on or before January 15 of the calendar year in which the property taxes
1717-are first due and payable. The person must:
1718-(1) own the real property, mobile home, or manufactured home or
1719-own the solar power device;
1720-(2) be buying the real property, mobile home, manufactured
1721-home, or solar power device under contract; or
1722-(3) be leasing the real property from the real property owner and
1723-be subject to assessment and property taxation with respect to the
1724-solar power device;
1725-on the date the statement is filed under this section. The statement may
1726-be filed in person or by mail. If mailed, the mailing must be postmarked
1727-on or before the last day for filing. On verification of the statement by
1728-the assessor of the township in which the real property, mobile home,
1729-manufactured home, or solar power device is subject to assessment, or
1730-the county assessor if there is no township assessor for the township,
1731-the county auditor shall allow the deduction.
1732-(b) This section applies only to property taxes imposed for an
1733-assessment date before January 1, 2025.
1734-(c) This section expires January 1, 2027.
1735-SECTION 37. IC 6-1.1-12-28.5, AS AMENDED BY P.L.146-2008,
1736-SECTION 112, IS AMENDED TO READ AS FOLLOWS
1737-[EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 28.5. (a)
1738-For purposes of this section:
1739-(1) "Hazardous waste" has the meaning set forth in
1740-IC 13-11-2-99(a) and includes a waste determined to be a
1741-hazardous waste under IC 13-22-2-3(b).
1742-(2) "Resource recovery system" means tangible property directly
1743-used to dispose of solid waste or hazardous waste by converting
1744-it into energy or other useful products.
1745-(3) "Solid waste" has the meaning set forth in IC 13-11-2-205(a)
1746-but does not include dead animals or any animal solid or
1747-semisolid wastes.
1748-(b) Except as provided in this section, the owner of a resource
1749-recovery system is entitled to an annual deduction in an amount equal
1750-to ninety-five percent (95%) of the assessed value of the system if:
1751-(1) the system was certified by the department of environmental
1752-management for the 1993 assessment year or a prior assessment
1753-year; and
1754-(2) the owner filed a timely application for the deduction for the
1755-1993 assessment year.
1756-For purposes of this section, a system includes tangible property that
1757-SEA 1 — Concur 42
1758-replaced tangible property in the system after the certification by the
1759-department of environmental management.
1760-(c) The owner of a resource recovery system that is directly used to
1761-dispose of hazardous waste is not entitled to the deduction provided by
1762-this section for a particular assessment year if during that assessment
1763-year the owner:
1764-(1) is convicted of any violation under IC 13-7-13-3 (repealed),
1765-IC 13-7-13-4 (repealed), or a criminal statute under IC 13; or
1766-(2) is subject to an order or a consent decree with respect to
1767-property located in Indiana based upon a violation of a federal or
1768-state rule, regulation, or statute governing the treatment, storage,
1769-or disposal of hazardous wastes that had a major or moderate
1770-potential for harm.
1771-(d) The certification of a resource recovery system by the
1772-department of environmental management for the 1993 assessment
1773-year or a prior assessment year is valid through the 1997 assessment
1774-year so long as the property is used as a resource recovery system. If
1775-the property is no longer used for the purpose for which the property
1776-was used when the property was certified, the owner of the property
1777-shall notify the county auditor. However, the deduction from the
1778-assessed value of the system is:
1779-(1) ninety-five percent (95%) for the 1994 assessment year;
1780-(2) ninety percent (90%) for the 1995 assessment year;
1781-(3) seventy-five percent (75%) for the 1996 assessment year; and
1782-(4) sixty percent (60%) for the 1997 assessment year.
1783-Notwithstanding this section as it existed before 1995, for the 1994
1784-assessment year, the portion of any tangible property comprising a
1785-resource recovery system that was assessed and first deducted for the
1786-1994 assessment year may not be deducted for property taxes first due
1787-and payable in 1995 or later.
1788-(e) In order to qualify for a deduction under this section, the person
1789-who desires to claim the deduction must file an application with the
1790-county auditor after February 28 and before May 16 of the current
1791-assessment year. An application must be filed in each year for which
1792-the person desires to obtain the deduction. The application may be filed
1793-in person or by mail. If mailed, the mailing must be postmarked on or
1794-before the last day for filing. If the application is not filed before the
1795-applicable deadline under this subsection, the deduction is waived. The
1796-application must be filed on a form prescribed by the department of
1797-local government finance. The application for a resource recovery
1798-system deduction must include:
1799-(1) a certification by the department of environmental
1800-SEA 1 — Concur 43
1801-management for the 1993 assessment year or a prior assessment
1802-year as described in subsection (d); or
1803-(2) the certification by the department of environmental
1804-management for the 1993 assessment year as described in
1805-subsection (g).
1806-Beginning with the 1995 assessment year a person must also file an
1807-itemized list of all property on which a deduction is claimed. The list
1808-must include the date of purchase of the property and the cost to
1809-acquire the property.
1810-(f) Before July 1, 1995, the department of environmental
1811-management shall transfer all the applications, records, or other
1812-material the department has with respect to resource recovery system
1813-deductions under this section for the 1993 and 1994 assessment years.
1814-The township assessor, or the county assessor if there is no township
1815-assessor for the township, shall verify each deduction application filed
1816-under this section and the county auditor shall determine the deduction.
1817-The county auditor shall send to the department of local government
1818-finance a copy of each deduction application. The county auditor shall
1819-notify the county property tax assessment board of appeals of all
1820-deductions allowed under this section. A denial of a deduction claimed
1821-under this subsection may be appealed as provided in IC 6-1.1-15. The
1822-appeal is limited to a review of a determination made by the township
1823-assessor, the county assessor, or the county auditor.
1824-(g) Notwithstanding subsection (d), the certification for the 1993
1825-assessment year of a resource recovery system in regard to which a
1826-political subdivision is liable for the payment of the property taxes
1827-remains valid at the ninety-five percent (95%) deduction level allowed
1828-before 1994 as long as the political subdivision remains liable for the
1829-payment of the property taxes on the system.
1830-(h) This section applies only to property taxes imposed for an
1831-assessment date before January 1, 2025.
1832-(i) This section expires January 1, 2027.
1833-SECTION 38. IC 6-1.1-12-29, AS AMENDED BY P.L.46-2011,
1834-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1835-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 29. (a) This section does
1836-not apply to a wind power device that is owned or operated by:
1837-(1) a public utility (as defined in IC 8-1-2-1(a)); or
1838-(2) another entity that provides electricity at wholesale or retail
1839-for consideration, other than a person who participates in a net
1840-metering program offered by an electric utility.
1841-This subsection shall be interpreted to clarify and not to change the
1842-general assembly's intent with respect to this section.
1843-SEA 1 — Concur 44
1844-(b) For purposes of this section, "wind power device" means a
1845-device, such as a windmill or a wind turbine, that is designed to utilize
1846-the kinetic energy of moving air to provide mechanical energy or to
1847-produce electricity.
1848-(c) The owner of real property, or a mobile home that is not assessed
1849-as real property, that is equipped with a wind power device is entitled
1850-to an annual property tax deduction. The amount of the deduction
1851-equals the remainder of (1) the assessed value of the real property or
1852-mobile home with the wind power device included, minus (2) the
1853-assessed value of the real property or mobile home without the wind
1854-power device.
1855-(d) This section applies only to property taxes imposed for an
1856-assessment date before January 1, 2025.
1857-(e) This section expires January 1, 2027.
1858-SECTION 39. IC 6-1.1-12-30, AS AMENDED BY P.L.136-2024,
1859-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1860-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 30. (a) Except as
1861-provided in sections 36 and 44 of this chapter and subject to section 45
1862-of this chapter, a person who desires to claim the deduction provided
1863-by section 29 of this chapter must file a certified statement in duplicate,
1864-on forms prescribed by the department of local government finance,
1865-with the auditor of the county in which the real property or mobile
1866-home is subject to assessment. To obtain the deduction for a desired
1867-calendar year in which property taxes are first due and payable, the
1868-person must complete, date, and file the statement with the county
1869-auditor on or before January 15 of the calendar year in which the
1870-property taxes are first due and payable. The person must:
1871-(1) own the real property, mobile home, or manufactured home;
1872-or
1873-(2) be buying the real property, mobile home, or manufactured
1874-home under contract;
1875-on the date the statement is filed under this section. On verification of
1876-the statement by the assessor of the township in which the real property
1877-or mobile home is subject to assessment, or the county assessor if there
1878-is no township assessor for the township, the county auditor shall allow
1879-the deduction.
1880-(b) This section applies only to property taxes imposed for an
1881-assessment date before January 1, 2025.
1882-(c) This section expires January 1, 2027.
1883-SECTION 40. IC 6-1.1-12-33, AS AMENDED BY P.L.144-2008,
1884-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1885-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 33. (a) For purposes of
1886-SEA 1 — Concur 45
1887-this section "hydroelectric power device" means a device which is
1888-installed after December 31, 1981, and is designed to utilize the kinetic
1889-power of moving water to provide mechanical energy or to produce
1890-electricity.
1891-(b) The owner of real property, or a mobile home that is not assessed
1892-as real property, that is equipped with a hydroelectric power device is
1893-annually entitled to a property tax deduction. The amount of the
1894-deduction equals the remainder of:
1895-(1) the assessed value of the real property or mobile home with
1896-the hydroelectric power device; minus
1897-(2) the assessed value of the real property or mobile home without
1898-the hydroelectric power device.
1899-(c) The deduction provided by this section applies only if the
1900-property owner:
1901-(1) owns the real property or mobile home; or
1902-(2) is buying the real property or mobile home under contract;
1903-on the date the statement is filed under section 35.5 of this chapter.
1904-(d) This section applies only to property taxes imposed for an
1905-assessment date before January 1, 2025.
1906-(e) This section expires January 1, 2027.
1907-SECTION 41. IC 6-1.1-12-34, AS AMENDED BY P.L.144-2008,
1908-SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1909-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 34. (a) For purposes of
1910-this section, "geothermal energy heating or cooling device" means a
1911-device that is installed after December 31, 1981, and is designed to
1912-utilize the natural heat from the earth to provide hot water, produce
1913-electricity, or generate heating or cooling.
1914-(b) The owner of real property, or a mobile home that is not assessed
1915-as real property, that is equipped with a geothermal energy heating or
1916-cooling device is annually entitled to a property tax deduction. The
1917-amount of the deduction equals the remainder of: (1) the assessed value
1918-of the real property or mobile home with the geothermal heating or
1919-cooling device; minus (2) the assessed value of the real property or
1920-mobile home without the geothermal heating or cooling device.
1921-(c) The deduction provided by this section applies only if the
1922-property owner:
1923-(1) owns the real property or mobile home; or
1924-(2) is buying the real property or mobile home under contract;
1925-on the date the statement is filed under section 35.5 of this chapter.
1926-(d) This section applies only to property taxes imposed for an
1927-assessment date before January 1, 2025.
1928-(e) This section expires January 1, 2027.
1929-SEA 1 — Concur 46
1930-SECTION 42. IC 6-1.1-12-35.5, AS AMENDED BY P.L.136-2024,
1931-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1932-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 35.5. (a) Except as
1933-provided in section 36 or 44 of this chapter and subject to section 45 of
1934-this chapter, a person who desires to claim the deduction provided by
1935-section 33 (before its expiration) or 34 (before its expiration) of this
1936-chapter must file a certified statement in duplicate, on forms prescribed
1937-by the department of local government finance and proof of
1938-certification under subsection (b) with the auditor of the county in
1939-which the property for which the deduction is claimed is subject to
1940-assessment. To obtain the deduction for a desired calendar year in
1941-which property taxes are first due and payable, the person must
1942-complete, date, and file the certified statement with the county auditor
1943-on or before January 15 of the calendar year in which the property taxes
1944-are first due and payable. The statement may be filed in person or by
1945-mail. If mailed, the mailing must be postmarked on or before the last
1946-day for filing. On verification of the statement by the assessor of the
1947-township in which the property for which the deduction is claimed is
1948-subject to assessment, or the county assessor if there is no township
1949-assessor for the township, the county auditor shall allow the deduction.
1950-(b) The department of environmental management, upon application
1951-by a property owner, shall determine whether a system or device
1952-qualifies for a deduction provided by section 33 (before its expiration)
1953-or 34 (before its expiration) of this chapter. If the department
1954-determines that a system or device qualifies for a deduction, it shall
1955-certify the system or device and provide proof of the certification to the
1956-property owner. The department shall prescribe the form and manner
1957-of the certification process required by this subsection.
1958-(c) If the department of environmental management receives an
1959-application for certification, the department shall determine whether
1960-the system or device qualifies for a deduction. If the department fails
1961-to make a determination under this subsection before December 31 of
1962-the year in which the application is received, the system or device is
1963-considered certified.
1964-(d) A denial of a deduction claimed under section 33 (before its
1965-expiration) or 34 (before its expiration) of this chapter may be
1966-appealed as provided in IC 6-1.1-15. The appeal is limited to a review
1967-of a determination made by the township assessor county property tax
1968-assessment board of appeals, or department of local government
1969-finance.
1970-(e) Notwithstanding any other law, if there is a change in ownership
1971-of real property, or a mobile home that is not assessed as real property:
1972-SEA 1 — Concur 47
1973-(1) that is equipped with a geothermal energy heating or cooling
1974-device; and
1975-(2) whose previous owner received a property tax deduction under
1976-section 34 of this chapter (before its expiration) for the
1977-geothermal energy heating or cooling device prior to the change
1978-in ownership;
1979-the new owner shall be eligible for the property tax deduction following
1980-the change in ownership and, in subsequent taxable years, shall not be
1981-required to obtain a determination of qualification from the department
1982-of environmental management under subsection (b) and shall not be
1983-required to file a certified statement of qualification with the county
1984-auditor under subsection (a) to remain eligible for the property tax
1985-deduction.
1986-(f) This section applies only to property taxes imposed for an
1987-assessment date before January 1, 2025.
1988-(g) This section expires January 1, 2027.
1989-SECTION 43. IC 6-1.1-12-36, AS AMENDED BY P.L.214-2019,
1990-SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1991-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 36. (a) A person who
1992-receives a deduction provided under section 26 (before its expiration),
1993-29 (before its expiration), 33 (before its expiration), 34 (before its
1994-expiration), or 38 (before its expiration) of this chapter for a
1995-particular year and who remains eligible for the deduction for the
1996-following year is not required to file a statement to apply for the
1997-deduction for the following year.
1998-(b) A person who receives a deduction provided under section 26
1999-(before its expiration), 29 (before its expiration), 33 (before its
2000-expiration), 34 (before its expiration), or 38 (before its expiration)
2001-of this chapter for a particular year and who becomes ineligible for the
2002-deduction for the following year shall notify the auditor of the county
2003-in which the real property or mobile home for which the person
2004-received the deduction is located of the person's ineligibility before
2005-March 31 of the year for which the person becomes ineligible.
2006-(c) The auditor of each county shall, in a particular year, apply a
2007-deduction provided under section 26 (before its expiration), 29
2008-(before its expiration), 33 (before its expiration), 34 (before its
2009-expiration), or 38 (before its expiration) of this chapter to each
2010-person who received the deduction in the preceding year unless the
2011-auditor determines that the person is no longer eligible for the
2012-deduction.
2013-(d) This section applies only to property taxes imposed for an
2014-assessment date before January 1, 2025.
2015-SEA 1 — Concur 48
2016-(e) This section expires January 1, 2027.
2017-SECTION 44. IC 6-1.1-12-37, AS AMENDED BY P.L.156-2024,
2018-SECTION 11, AND AS AMENDED BY P.L.136-2024, SECTION 14,
2019-AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
2020-OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
2021-AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1,
2022-2025 (RETROACTIVE)]: Sec. 37. (a) The following definitions apply
2023-throughout this section:
2024-(1) "Dwelling" means any of the following:
2025-(A) Residential real property improvements that an individual
2026-uses as the individual's residence, limited to a single house and
2027-a single garage, regardless of whether the single garage is
2028-attached to the single house or detached from the single house.
2029-(B) A mobile home that is not assessed as real property that an
2030-individual uses as the individual's residence.
2031-(C) A manufactured home that is not assessed as real property
2032-that an individual uses as the individual's residence.
2033-(2) "Homestead" means an individual's principal place of
2034-residence:
2035-(A) that is located in Indiana;
2036-(B) that:
2037-(i) the individual owns;
2038-(ii) the individual is buying under a contract recorded in the
2039-county recorder's office, or evidenced by a memorandum of
2040-contract recorded in the county recorder's office under
2041-IC 36-2-11-20, that provides that the individual is to pay the
2042-property taxes on the residence, and that obligates the owner
2043-to convey title to the individual upon completion of all of the
2044-individual's contract obligations;
2045-(iii) the individual is entitled to occupy as a
2046-tenant-stockholder (as defined in 26 U.S.C. 216) of a
2047-cooperative housing corporation (as defined in 26 U.S.C.
2048-216); or
2049-(iv) is a residence described in section 17.9 of this chapter
2050-(before its expiration) that is owned by a trust if the
2051-individual is an individual described in section 17.9 of this
2052-chapter (before its expiration); and
2053-(C) that consists of a dwelling and includes up to one (1) acre
2054-of land immediately surrounding that dwelling, and any of the
2055-following improvements:
2056-(i) Any number of decks, patios, gazebos, or pools.
2057-(ii) One (1) additional building that is not part of the
2058-SEA 1 — Concur 49
2059-dwelling if the building is predominantly used for a
2060-residential purpose and is not used as an investment property
2061-or as a rental property.
2062-(iii) One (1) additional residential yard structure other than
2063-a deck, patio, gazebo, or pool.
2064-Except as provided in subsection (q), (r), the term does not
2065-include property owned by a corporation, partnership, limited
2066-liability company, or other entity not described in this
2067-subdivision.
2068-(b) Each year a homestead is eligible for a standard deduction from
2069-the assessed value of the homestead for an assessment date. Except as
2070-provided in subsection (m), (n), the deduction provided by this section
2071-applies to property taxes first due and payable for an assessment date
2072-only if an individual has an interest in the homestead described in
2073-subsection (a)(2)(B) on:
2074-(1) the assessment date; or
2075-(2) any date in the same year after an assessment date that a
2076-statement is filed under subsection (e) or section 44 of this
2077-chapter, if the property consists of real property.
2078-If more than one (1) individual or entity qualifies property as a
2079-homestead under subsection (a)(2)(B) for an assessment date, only one
2080-(1) standard deduction from the assessed value of the homestead may
2081-be applied for the assessment date. Subject to subsection (c), the
2082-auditor of the county shall record and make the deduction for the
2083-individual or entity qualifying for the deduction.
2084-(c) Except as provided in section 40.5 of this chapter, the total
2085-amount of the deduction that a person may receive under this section
2086-for a particular year is: the lesser of:
2087-(1) for assessment dates before January 1, 2025, the lesser of:
2088-(A) sixty percent (60%) of the assessed value of the real
2089-property, mobile home not assessed as real property, or
2090-manufactured home not assessed as real property; or
2091-(B) forty-eight thousand dollars ($48,000); or
2092-(2) for assessment dates:
2093-(A) before January 1, 2023, forty-five thousand dollars
2094-($45,000); or
2095-(B) after December 31, 2022, forty-eight thousand dollars
2096-($48,000).
2097-(2) for assessment dates after December 31, 2024:
2098-(A) in 2025, forty-eight thousand dollars ($48,000);
2099-(B) in 2026, forty thousand dollars ($40,000);
2100-(C) in 2027, thirty thousand dollars ($30,000);
2101-SEA 1 — Concur 50
2102-(D) in 2028, twenty thousand dollars ($20,000); and
2103-(E) in 2029, ten thousand dollars ($10,000).
2104-Beginning with the 2030 assessment date, and each assessment date
2105-thereafter, the deduction amount under this section is zero (0).
2106-Application of the phase down under this section for assessment
2107-dates after December 31, 2024, with regard to mobile homes that
2108-are not assessed as real property and manufactured homes not
2109-assessed as real property shall be construed and applied in the
2110-same manner in terms of timing and consistent with its application
2111-for real property.
2112-(d) A person who has sold real property, a mobile home not assessed
2113-as real property, or a manufactured home not assessed as real property
2114-to another person under a contract that provides that the contract buyer
2115-is to pay the property taxes on the real property, mobile home, or
2116-manufactured home may not claim the deduction provided under this
2117-section with respect to that real property, mobile home, or
2118-manufactured home.
2119-(e) Except as provided in sections 17.8 and 44 of this chapter and
2120-subject to section 45 of this chapter, an individual who desires to claim
2121-the deduction provided by this section must file a certified statement on
2122-forms prescribed by the department of local government finance with
2123-the auditor of the county in which the homestead is located. The
2124-statement must include:
2125-(1) the parcel number or key number of the property and the name
2126-of the city, town, or township in which the property is located;
2127-(2) the name of any other location in which the applicant or the
2128-applicant's spouse owns, is buying, or has a beneficial interest in
2129-residential real property;
2130-(3) the names of:
2131-(A) the applicant and the applicant's spouse (if any):
2132-(i) as the names appear in the records of the United States
2133-Social Security Administration for the purposes of the
2134-issuance of a Social Security card and Social Security
2135-number; or
2136-(ii) that they use as their legal names when they sign their
2137-names on legal documents;
2138-if the applicant is an individual; or
2139-(B) each individual who qualifies property as a homestead
2140-under subsection (a)(2)(B) and the individual's spouse (if any):
2141-(i) as the names appear in the records of the United States
2142-Social Security Administration for the purposes of the
2143-issuance of a Social Security card and Social Security
2144-SEA 1 — Concur 51
2145-number; or
2146-(ii) that they use as their legal names when they sign their
2147-names on legal documents;
2148-if the applicant is not an individual; and
2149-(4) either:
2150-(A) the last five (5) digits of the applicant's Social Security
2151-number and the last five (5) digits of the Social Security
2152-number of the applicant's spouse (if any); or
2153-(B) if the applicant or the applicant's spouse (if any) does not
2154-have a Social Security number, any of the following for that
2155-individual:
2156-(i) The last five (5) digits of the individual's driver's license
2157-number.
2158-(ii) The last five (5) digits of the individual's state
2159-identification card number.
2160-(iii) The last five (5) digits of a preparer tax identification
2161-number that is obtained by the individual through the
2162-Internal Revenue Service of the United States.
2163-(iv) If the individual does not have a driver's license, a state
2164-identification card, or an Internal Revenue Service preparer
2165-tax identification number, the last five (5) digits of a control
2166-number that is on a document issued to the individual by the
2167-United States government.
2168-If a form or statement provided to the county auditor under this section,
2169-IC 6-1.1-22-8.1, or IC 6-1.1-22.5-12 includes the telephone number or
2170-part or all of the Social Security number of a party or other number
2171-described in subdivision (4)(B) of a party, the telephone number and
2172-the Social Security number or other number described in subdivision
2173-(4)(B) included are confidential. The statement may be filed in person
2174-or by mail. If the statement is mailed, the mailing must be postmarked
2175-on or before the last day for filing. The statement applies for that first
2176-year and any succeeding year for which the deduction is allowed. To
2177-obtain the deduction for a desired calendar year in which property
2178-taxes are first due and payable, the statement must be completed and
2179-dated in the immediately preceding calendar year and filed with the
2180-county auditor on or before January 5 of the calendar year in which
2181-the property taxes are first due and payable.
2182-(f) To obtain the deduction for a desired calendar year under this
2183-section in which property taxes are first due and payable, the
2184-individual desiring to claim the deduction must do the following as
2185-applicable:
2186-(1) Complete, date, and file the certified statement described in
2187-SEA 1 — Concur 52
2188-subsection (e) on or before January 15 of the calendar year in
2189-which the property taxes are first due and payable.
2190-(2) Satisfy any recording requirements on or before January 15
2191-of the calendar year in which the property taxes are first due and
2192-payable for a homestead described in subsection (a)(2).
2193-(f) (g) Except as provided in subsection (k), (l), if a person who is
2194-receiving, or seeks to receive, the deduction provided by this section in
2195-the person's name:
2196-(1) changes the use of the individual's property so that part or all
2197-of the property no longer qualifies for the deduction under this
2198-section; or
2199-(2) is not eligible for a deduction under this section because the
2200-person is already receiving:
2201-(A) a deduction under this section in the person's name as an
2202-individual or a spouse; or
2203-(B) a deduction under the law of another state that is
2204-equivalent to the deduction provided by this section;
2205-the person must file a certified statement with the auditor of the county,
2206-notifying the auditor of the person's ineligibility, not more than sixty
2207-(60) days after the date of the change in eligibility. A person who fails
2208-to file the statement required by this subsection may, under
2209-IC 6-1.1-36-17, be liable for any additional taxes that would have been
2210-due on the property if the person had filed the statement as required by
2211-this subsection plus a civil penalty equal to ten percent (10%) of the
2212-additional taxes due. The civil penalty imposed under this subsection
2213-is in addition to any interest and penalties for a delinquent payment that
2214-might otherwise be due. One percent (1%) of the total civil penalty
2215-collected under this subsection shall be transferred by the county to the
2216-department of local government finance for use by the department in
2217-establishing and maintaining the homestead property data base under
2218-subsection (i) (j) and, to the extent there is money remaining, for any
2219-other purposes of the department. This amount becomes part of the
2220-property tax liability for purposes of this article.
2221-(g) (h) The department of local government finance may adopt rules
2222-or guidelines concerning the application for a deduction under this
2223-section.
2224-(h) (i) This subsection does not apply to property in the first year for
2225-which a deduction is claimed under this section if the sole reason that
2226-a deduction is claimed on other property is that the individual or
2227-married couple maintained a principal residence at the other property
2228-on the assessment date in the same year in which an application for a
2229-deduction is filed under this section or, if the application is for a
2230-SEA 1 — Concur 53
2231-homestead that is assessed as personal property, on the assessment date
2232-in the immediately preceding year and the individual or married couple
2233-is moving the individual's or married couple's principal residence to the
2234-property that is the subject of the application. Except as provided in
2235-subsection (k), (l), the county auditor may not grant an individual or a
2236-married couple a deduction under this section if:
2237-(1) the individual or married couple, for the same year, claims the
2238-deduction on two (2) or more different applications for the
2239-deduction; and
2240-(2) the applications claim the deduction for different property.
2241-(i) (j) The department of local government finance shall provide
2242-secure access to county auditors to a homestead property data base that
2243-includes access to the homestead owner's name and the numbers
2244-required from the homestead owner under subsection (e)(4) for the sole
2245-purpose of verifying whether an owner is wrongly claiming a deduction
2246-under this chapter or a credit under IC 6-1.1-20.4, IC 6-1.1-20.6, or
2247-IC 6-3.6-5 (after December 31, 2016). (before its expiration). Each
2248-county auditor shall submit data on deductions applicable to the current
2249-tax year on or before March 15 of each year in a manner prescribed by
2250-the department of local government finance.
2251-(j) (k) A county auditor may require an individual to provide
2252-evidence proving that the individual's residence is the individual's
2253-principal place of residence as claimed in the certified statement filed
2254-under subsection (e). The county auditor may limit the evidence that an
2255-individual is required to submit to a state income tax return, a valid
2256-driver's license, or a valid voter registration card showing that the
2257-residence for which the deduction is claimed is the individual's
2258-principal place of residence. The county auditor may not deny an
2259-application filed under section 44 of this chapter because the applicant
2260-does not have a valid driver's license or state identification card with
2261-the address of the homestead property. The department of local
2262-government finance shall work with county auditors to develop
2263-procedures to determine whether a property owner that is claiming a
2264-standard deduction or homestead credit is not eligible for the standard
2265-deduction or homestead credit because the property owner's principal
2266-place of residence is outside Indiana.
2267-(k) (l) A county auditor shall grant an individual a deduction under
2268-this section regardless of whether the individual and the individual's
2269-spouse claim a deduction on two (2) different applications and each
2270-application claims a deduction for different property if the property
2271-owned by the individual's spouse is located outside Indiana and the
2272-individual files an affidavit with the county auditor containing the
2273-SEA 1 — Concur 54
2274-following information:
2275-(1) The names of the county and state in which the individual's
2276-spouse claims a deduction substantially similar to the deduction
2277-allowed by this section.
2278-(2) A statement made under penalty of perjury that the following
2279-are true:
2280-(A) That the individual and the individual's spouse maintain
2281-separate principal places of residence.
2282-(B) That neither the individual nor the individual's spouse has
2283-an ownership interest in the other's principal place of
2284-residence.
2285-(C) That neither the individual nor the individual's spouse has,
2286-for that same year, claimed a standard or substantially similar
2287-deduction for any property other than the property maintained
2288-as a principal place of residence by the respective individuals.
2289-A county auditor may require an individual or an individual's spouse to
2290-provide evidence of the accuracy of the information contained in an
2291-affidavit submitted under this subsection. The evidence required of the
2292-individual or the individual's spouse may include state income tax
2293-returns, excise tax payment information, property tax payment
2294-information, driver driver's license information, and voter registration
2295-information.
2296-(l) (m) If:
2297-(1) a property owner files a statement under subsection (e) to
2298-claim the deduction provided by this section for a particular
2299-property; and
2300-(2) the county auditor receiving the filed statement determines
2301-that the property owner's property is not eligible for the deduction;
2302-the county auditor shall inform the property owner of the county
2303-auditor's determination in writing. If a property owner's property is not
2304-eligible for the deduction because the county auditor has determined
2305-that the property is not the property owner's principal place of
2306-residence, the property owner may appeal the county auditor's
2307-determination as provided in IC 6-1.1-15. The county auditor shall
2308-inform the property owner of the owner's right to appeal when the
2309-county auditor informs the property owner of the county auditor's
2310-determination under this subsection.
2311-(m) (n) An individual is entitled to the deduction under this section
2312-for a homestead for a particular assessment date if:
2313-(1) either:
2314-(A) the individual's interest in the homestead as described in
2315-subsection (a)(2)(B) is conveyed to the individual after the
2316-SEA 1 — Concur 55
2317-assessment date, but within the calendar year in which the
2318-assessment date occurs; or
2319-(B) the individual contracts to purchase the homestead after
2320-the assessment date, but within the calendar year in which the
2321-assessment date occurs;
2322-(2) on the assessment date:
2323-(A) the property on which the homestead is currently located
2324-was vacant land; or
2325-(B) the construction of the dwelling that constitutes the
2326-homestead was not completed; and
2327-(3) either:
2328-(A) the individual files the certified statement required by
2329-subsection (e); or
2330-(B) a sales disclosure form that meets the requirements of
2331-section 44 of this chapter is submitted to the county assessor
2332-on or before December 31 of the calendar year for the
2333-individual's purchase of the homestead.
2334-An individual who satisfies the requirements of subdivisions (1)
2335-through (3) is entitled to the deduction under this section for the
2336-homestead for the assessment date, even if on the assessment date the
2337-property on which the homestead is currently located was vacant land
2338-or the construction of the dwelling that constitutes the homestead was
2339-not completed. The county auditor shall apply the deduction for the
2340-assessment date and for the assessment date in any later year in which
2341-the homestead remains eligible for the deduction. A homestead that
2342-qualifies for the deduction under this section as provided in this
2343-subsection is considered a homestead for purposes of section 37.5 of
2344-this chapter and IC 6-1.1-20.6.
2345-(n) (o) This subsection applies to an application for the deduction
2346-provided by this section that is filed for an assessment date occurring
2347-after December 31, 2013. Notwithstanding any other provision of this
2348-section, an individual buying a mobile home that is not assessed as real
2349-property or a manufactured home that is not assessed as real property
2350-under a contract providing that the individual is to pay the property
2351-taxes on the mobile home or manufactured home is not entitled to the
2352-deduction provided by this section unless the parties to the contract
2353-comply with IC 9-17-6-17.
2354-(o) (p) This subsection:
2355-(1) applies to an application for the deduction provided by this
2356-section that is filed for an assessment date occurring after
2357-December 31, 2013; and
2358-(2) does not apply to an individual described in subsection (n).
2359-SEA 1 — Concur 56
2360-(o).
2361-The owner of a mobile home that is not assessed as real property or a
2362-manufactured home that is not assessed as real property must attach a
2363-copy of the owner's title to the mobile home or manufactured home to
2364-the application for the deduction provided by this section.
2365-(p) (q) For assessment dates after 2013, the term "homestead"
2366-includes property that is owned by an individual who:
2367-(1) is serving on active duty in any branch of the armed forces of
2368-the United States;
2369-(2) was ordered to transfer to a location outside Indiana; and
2370-(3) was otherwise eligible, without regard to this subsection, for
2371-the deduction under this section for the property for the
2372-assessment date immediately preceding the transfer date specified
2373-in the order described in subdivision (2).
2374-For property to qualify under this subsection for the deduction provided
2375-by this section, the individual described in subdivisions (1) through (3)
2376-must submit to the county auditor a copy of the individual's transfer
2377-orders or other information sufficient to show that the individual was
2378-ordered to transfer to a location outside Indiana. The property continues
2379-to qualify for the deduction provided by this section until the individual
2380-ceases to be on active duty, the property is sold, or the individual's
2381-ownership interest is otherwise terminated, whichever occurs first.
2382-Notwithstanding subsection (a)(2), the property remains a homestead
2383-regardless of whether the property continues to be the individual's
2384-principal place of residence after the individual transfers to a location
2385-outside Indiana. The property continues to qualify as a homestead
2386-under this subsection if the property is leased while the individual is
2387-away from Indiana and is serving on active duty, if the individual has
2388-lived at the property at any time during the past ten (10) years.
2389-Otherwise, the property ceases to qualify as a homestead under this
2390-subsection if the property is leased while the individual is away from
2391-Indiana. Property that qualifies as a homestead under this subsection
2392-shall also be construed as a homestead for purposes of section 37.5 of
2393-this chapter.
2394-(q) (r) As used in this section, "homestead" includes property that
2395-satisfies each of the following requirements:
2396-(1) The property is located in Indiana and consists of a dwelling
2397-and includes up to one (1) acre of land immediately surrounding
2398-that dwelling, and any of the following improvements:
2399-(A) Any number of decks, patios, gazebos, or pools.
2400-(B) One (1) additional building that is not part of the dwelling
2401-if the building is predominately used for a residential purpose
2402-SEA 1 — Concur 57
2403-and is not used as an investment property or as a rental
2404-property.
2405-(C) One (1) additional residential yard structure other than a
2406-deck, patio, gazebo, or pool.
2407-(2) The property is the principal place of residence of an
2408-individual.
2409-(3) The property is owned by an entity that is not described in
2410-subsection (a)(2)(B).
2411-(4) The individual residing on the property is a shareholder,
2412-partner, or member of the entity that owns the property.
2413-(5) The property was eligible for the standard deduction under
2414-this section on March 1, 2009.
2415-SECTION 45. IC 6-1.1-12-37.5, AS AMENDED BY P.L.239-2023,
2416-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2417-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 37.5. (a) A person who
2418-is entitled to a standard deduction from the assessed value of property
2419-under section 37 of this chapter is also entitled to receive a
2420-supplemental deduction from the assessed value of the homestead to
2421-which the standard deduction applies after the application of the
2422-standard deduction but before the application of any other deduction,
2423-exemption, or credit for which the person is eligible.
2424-(b) This subsection applies to taxes first due and payable before
2425-January 1, 2026. The amount of the deduction under this section is
2426-equal to the sum of the following:
2427-(1) For property taxes first due and payable:
2428-(A) before January 1, 2024, thirty-five percent (35%);
2429-(B) in 2024, forty percent (40%); and
2430-(C) in 2025, thirty-seven and five-tenths percent (37.5%); and
2431-(D) after December 31, 2025, thirty-five percent (35%);
2432-of the assessed value determined under subsection (a) that is not
2433-more than six hundred thousand dollars ($600,000).
2434-(2) For property taxes first due and payable:
2435-(A) before January 1, 2024, twenty-five percent (25%);
2436-(B) in 2024, thirty percent (30%); and
2437-(C) in 2025, twenty-seven and five-tenths percent (27.5%);
2438-and
2439-(D) after December 31, 2025, twenty-five percent (25%);
2440-of the assessed value determined under subsection (a) that is more
2441-than six hundred thousand dollars ($600,000).
2442-(c) This subsection applies to taxes first due and payable after
2443-December 31, 2025. The amount of the deduction under this section
2444-is equal to:
2445-SEA 1 — Concur 58
2446-(1) the assessed value of property reduced by the deduction
2447-amount under section 37 of this chapter for the property for
2448-the particular tax year; multiplied by
2449-(2) the following:
2450-(A) Forty percent (40%) for taxes first due and payable in
2451-2026.
2452-(B) Forty-six percent (46%) for taxes first due and payable
2453-in 2027.
2454-(C) Fifty-two percent (52%) for taxes first due and payable
2455-in 2028.
2456-(D) Fifty-seven percent (57%) for taxes first due and
2457-payable in 2029.
2458-(E) Sixty-two percent (62%) for taxes first due and payable
2459-in 2030.
2460-(F) Sixty-six and seven-tenths percent (66.7%) for taxes
2461-first due and payable in 2031, and each year thereafter.
2462-However, the amount of the deduction under this section may not
2463-exceed the amount equal to seventy-five percent (75%) of the gross
2464-assessed value of the property.
2465-(c) (d) The auditor of the county shall record and make the
2466-deduction for the person qualifying for the deduction.
2467-(d) (e) The deduction granted under this section shall not be
2468-considered in applying section 40.5 of this chapter to the deductions
2469-applicable to property. Section 40.5 of this chapter does not apply to
2470-the deduction granted under this section.
2471-SECTION 46. IC 6-1.1-12-38, AS AMENDED BY P.L.136-2024,
2472-SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2473-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 38. (a) A person is
2474-entitled to a deduction from the assessed value of the person's property
2475-in an amount equal to the difference between:
2476-(1) the assessed value of the person's property, including the
2477-assessed value of the improvements made to comply with the
2478-fertilizer storage rules adopted by the state chemist under
2479-IC 15-16-2-44 and the pesticide storage rules adopted by the state
2480-chemist under IC 15-16-4-52; minus
2481-(2) the assessed value of the person's property, excluding the
2482-assessed value of the improvements made to comply with the
2483-fertilizer storage rules adopted by the state chemist under
2484-IC 15-16-2-44 and the pesticide storage rules adopted by the state
2485-chemist under IC 15-16-4-52.
2486-(b) To obtain the deduction under this section, a person must file a
2487-certified statement in duplicate, on forms prescribed by the department
2488-SEA 1 — Concur 59
2489-of local government finance, with the auditor of the county in which the
2490-property is subject to assessment. In addition to the certified statement,
2491-the person must file a certification by the state chemist listing the
2492-improvements that were made to comply with the fertilizer storage
2493-rules adopted under IC 15-16-2-44 and the pesticide storage rules
2494-adopted by the state chemist under IC 15-16-4-52. Subject to section
2495-45 of this chapter, the statement must be completed, dated, and filed
2496-with the county auditor on or before January 15 of the immediately
2497-succeeding calendar year. Upon the verification of the statement and
2498-certification by the assessor of the township in which the property is
2499-subject to assessment, or the county assessor if there is no township
2500-assessor for the township, the county auditor shall allow the deduction.
2501-(c) The deduction provided by this section applies only if the
2502-person:
2503-(1) owns the property; or
2504-(2) is buying the property under contract;
2505-on the assessment date for which the deduction applies.
2506-(d) This section applies only to property taxes imposed for an
2507-assessment date before January 1, 2025.
2508-(e) This section expires January 1, 2027.
2509-SECTION 47. IC 6-1.1-12-40 IS AMENDED TO READ AS
2510-FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
2511-Sec. 40. (a) This section applies only to real property that is located in
2512-an enterprise zone established in a county containing a consolidated
2513-city.
2514-(b) The owner of real property described in subsection (a) is entitled
2515-to a deduction under this section if:
2516-(1) an obsolescence depreciation adjustment for either functional
2517-obsolescence or economic obsolescence was allowed for the
2518-property for property taxes assessed in the year preceding the year
2519-in which the owner purchased the property;
2520-(2) the property owner submits an application requesting the
2521-deduction to the fiscal body of the county in which the property
2522-is located; and
2523-(3) the fiscal body of the county approves the deduction.
2524-(c) If a county fiscal body approves a deduction under this section,
2525-it must notify the county auditor of the approval of the deduction.
2526-(d) A deduction may be claimed under this section for not more than
2527-four (4) years. The amount of the deduction under this section equals:
2528-(1) the amount of the obsolescence depreciation adjustment for
2529-either functional obsolescence or economic obsolescence that was
2530-allowed for the property for property taxes assessed in the year
2531-SEA 1 — Concur 60
2532-preceding the year in which the owner purchased the property;
2533-multiplied by
2534-(2) the following percentages:
2535-(A) One hundred percent (100%), for property taxes assessed
2536-in the year in which the owner purchased the property.
2537-(B) Seventy-five percent (75%), for property taxes assessed in
2538-the year after the year in which the owner purchased the
2539-property.
2540-(C) Fifty percent (50%), for property taxes assessed in the
2541-second year after the year in which the owner purchased the
2542-property.
2543-(D) Twenty-five percent (25%), for property taxes assessed in
2544-the third year after the year in which the owner purchased the
2545-property.
2546-(e) This section applies only to property taxes imposed for an
2547-assessment date before January 1, 2025.
2548-(f) This section expires January 1, 2027.
2549-SECTION 48. IC 6-1.1-12-42, AS AMENDED BY P.L.146-2008,
2550-SECTION 119, IS AMENDED TO READ AS FOLLOWS
2551-[EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 42. (a) As
2552-used in this section, "assessed value of inventory" means the assessed
2553-value determined after the application of any deductions or adjustments
2554-that apply by statute or rule to the assessment of inventory, other than
2555-the deduction established in subsection (c).
2556-(b) As used in this section, "inventory" has the meaning set forth in
2557-IC 6-1.1-3-11 (repealed).
2558-(c) A taxpayer is entitled to a deduction from assessed value equal
2559-to one hundred percent (100%) of the taxpayer's assessed value of
2560-inventory for assessments made in 2006 for property taxes first due and
2561-payable in 2007.
2562-(d) A taxpayer is not required to file an application to qualify for the
2563-deduction established by this section.
2564-(e) The department of local government finance shall incorporate
2565-the deduction established by this section in the personal property return
2566-form to be used each year for filing under IC 6-1.1-3-7 or
2567-IC 6-1.1-3-7.5 to permit the taxpayer to enter the deduction on the
2568-form. If a taxpayer fails to enter the deduction on the form, the
2569-township assessor, or the county assessor if there is no township
2570-assessor for the township, shall:
2571-(1) determine the amount of the deduction; and
2572-(2) within the period established in IC 6-1.1-16-1, issue a notice
2573-of assessment to the taxpayer that reflects the application of the
2574-SEA 1 — Concur 61
2575-deduction to the inventory assessment.
2576-(f) The deduction established by this section must be applied to any
2577-inventory assessment made by:
2578-(1) an assessing official;
2579-(2) a county property tax assessment board of appeals; or
2580-(3) the department of local government finance.
2581-(g) This section applies only to property taxes imposed for an
2582-assessment date before January 1, 2025.
2583-(h) This section expires January 1, 2027.
2584-SECTION 49. IC 6-1.1-12-43, AS AMENDED BY P.L.174-2022,
2585-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2586-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 43. (a) For purposes of
2587-this section:
2588-(1) "benefit" refers to a deduction under section 9 (before its
2589-expiration), 11 (before its expiration), 13 (before its
2590-expiration), 14 (before its expiration), 16 (before its
2591-expiration), 17.4 (before its expiration), 26 (before its
2592-expiration), 29 (before its expiration), 33 (before its
2593-expiration), 34 (before its expiration), 37, or 37.5 of this
2594-chapter;
2595-(2) "closing agent" means a person that closes a transaction;
2596-(3) "customer" means an individual who obtains a loan in a
2597-transaction; and
2598-(4) "transaction" means a single family residential:
2599-(A) first lien purchase money mortgage transaction; or
2600-(B) refinancing transaction.
2601-(b) Before closing a transaction after December 31, 2004, a closing
2602-agent must provide to the customer the form referred to in subsection
2603-(c).
2604-(c) Before June 1, 2004, the department of local government finance
2605-shall prescribe the form to be provided by closing agents to customers
2606-under subsection (b). The department shall make the form available to
2607-closing agents, county assessors, county auditors, and county treasurers
2608-in hard copy and electronic form. County assessors, county auditors,
2609-and county treasurers shall make the form available to the general
2610-public. The form must:
2611-(1) on one (1) side:
2612-(A) list each benefit; and
2613-(B) list the eligibility criteria for each benefit;
2614-(2) on the other side indicate:
2615-(A) each action by and each type of documentation from the
2616-customer required to file for each benefit; and
2617-SEA 1 — Concur 62
2618-(B) sufficient instructions and information to permit a party to
2619-terminate a standard deduction under section 37 of this chapter
2620-on any property on which the party or the spouse of the party
2621-will no longer be eligible for the standard deduction under
2622-section 37 of this chapter after the party or the party's spouse
2623-begins to reside at the property that is the subject of the
2624-closing, including an explanation of the tax consequences and
2625-applicable penalties, if a party unlawfully claims a standard
2626-deduction under section 37 of this chapter; and
2627-(3) be printed in one (1) of two (2) or more colors prescribed by
2628-the department of local government finance that distinguish the
2629-form from other documents typically used in a closing referred to
2630-in subsection (b).
2631-(d) A closing agent:
2632-(1) may reproduce the form referred to in subsection (c);
2633-(2) in reproducing the form, must use a print color prescribed by
2634-the department of local government finance; and
2635-(3) is not responsible for the content of the form referred to in
2636-subsection (c) and shall be held harmless by the department of
2637-local government finance from any liability for the content of the
2638-form.
2639-(e) This subsection applies to a transaction that is closed after
2640-December 31, 2009. In addition to providing the customer the form
2641-described in subsection (c) before closing the transaction, a closing
2642-agent shall do the following as soon as possible after the closing, and
2643-within the time prescribed by the department of insurance under
2644-IC 27-7-3-15.5:
2645-(1) To the extent determinable, input the information described in
2646-IC 27-7-3-15.5(c)(2) into the system maintained by the
2647-department of insurance under IC 27-7-3-15.5.
2648-(2) Submit the form described in IC 27-7-3-15.5(c) to the data
2649-base described in IC 27-7-3-15.5(c)(2)(D).
2650-(f) A closing agent to which this section applies shall document the
2651-closing agent's compliance with this section with respect to each
2652-transaction in the form of verification of compliance signed by the
2653-customer.
2654-(g) Subject to IC 27-7-3-15.5(d), a closing agent is subject to a civil
2655-penalty of twenty-five dollars ($25) for each instance in which the
2656-closing agent fails to comply with this section with respect to a
2657-customer. The penalty:
2658-(1) may be enforced by the state agency that has administrative
2659-jurisdiction over the closing agent in the same manner that the
2660-SEA 1 — Concur 63
2661-agency enforces the payment of fees or other penalties payable to
2662-the agency; and
2663-(2) shall be paid into:
2664-(A) the state general fund, if the closing agent fails to comply
2665-with subsection (b); or
2666-(B) the home ownership education account established by
2667-IC 5-20-1-27, if the closing agent fails to comply with
2668-subsection (e) in a transaction that is closed after December
2669-31, 2009.
2670-(h) A closing agent is not liable for any other damages claimed by
2671-a customer because of:
2672-(1) the closing agent's mere failure to provide the appropriate
2673-document to the customer under subsection (b); or
2674-(2) with respect to a transaction that is closed after December 31,
2675-2009, the closing agent's failure to input the information or submit
2676-the form described in subsection (e).
2677-(i) The state agency that has administrative jurisdiction over a
2678-closing agent shall:
2679-(1) examine the closing agent to determine compliance with this
2680-section; and
2681-(2) impose and collect penalties under subsection (g).
2682-SECTION 50. IC 6-1.1-12-44, AS AMENDED BY P.L.136-2024,
2683-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2684-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 44. (a) A sales disclosure
2685-form under IC 6-1.1-5.5:
2686-(1) that is submitted:
2687-(A) as a paper form; or
2688-(B) electronically;
2689-on or before January 15 of a calendar year in which property taxes
2690-are first due and payable to the county assessor by or on behalf of
2691-the purchaser of a homestead (as defined in section 37 of this
2692-chapter) assessed as real property;
2693-(2) that is accurate and complete;
2694-(3) that is approved by the county assessor as eligible for filing
2695-with the county auditor; and
2696-(4) that is filed:
2697-(A) as a paper form; or
2698-(B) electronically;
2699-with the county auditor by or on behalf of the purchaser;
2700-constitutes an application for the deductions provided by sections 26
2701-(before its expiration), 29 (before its expiration), 33 (before its
2702-expiration), 34 (before its expiration), and 37 of this chapter with
2703-SEA 1 — Concur 64
2704-respect to property taxes first due and payable in the calendar year
2705-referred to in subdivision (1). The county auditor may not deny an
2706-application for the deductions provided by section 37 of this chapter
2707-because the applicant does not have a valid driver's license or state
2708-identification card with the address of the homestead property.
2709-(b) Except as provided in subsection (c), if:
2710-(1) the county auditor receives in a calendar year a sales
2711-disclosure form that meets the requirements of subsection (a); and
2712-(2) the homestead for which the sales disclosure form is submitted
2713-is otherwise eligible for a deduction referred to in subsection (a);
2714-the county auditor shall apply the deduction to the homestead for
2715-property taxes first due and payable in the calendar year for which the
2716-homestead qualifies under subsection (a) and in any later year in which
2717-the homestead remains eligible for the deduction.
2718-(c) Subsection (b) does not apply if the county auditor, after
2719-receiving a sales disclosure form from or on behalf of a purchaser
2720-under subsection (a)(4), determines that the homestead is ineligible for
2721-the deduction.
2722-SECTION 51. IC 6-1.1-12-46, AS AMENDED BY P.L.174-2022,
2723-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2724-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 46. (a) This section
2725-applies to real property for an assessment date in 2011 or a later year
2726-if:
2727-(1) the real property is not exempt from property taxation for the
2728-assessment date;
2729-(2) title to the real property is transferred after the assessment date
2730-and on or before the December 31 that next succeeds the
2731-assessment date;
2732-(3) the transferee of the real property applies for an exemption
2733-under IC 6-1.1-11 for the next succeeding assessment date; and
2734-(4) the county property tax assessment board of appeals
2735-determines that the real property is exempt from property taxation
2736-for that next succeeding assessment date.
2737-(b) For the assessment date referred to in subsection (a)(1), real
2738-property is eligible for any deductions for which the transferor under
2739-subsection (a)(2) was eligible for that assessment date under the
2740-following:
2741-(1) IC 6-1.1-12-1 (before its repeal).
2742-(2) IC 6-1.1-12-9 (before its expiration).
2743-(3) IC 6-1.1-12-11 (before its expiration).
2744-(4) IC 6-1.1-12-13 (before its expiration).
2745-(5) IC 6-1.1-12-14 (before its expiration).
2746-SEA 1 — Concur 65
2747-(6) IC 6-1.1-12-16 (before its expiration).
2748-(7) IC 6-1.1-12-17.4 (before its expiration).
2749-(8) IC 6-1.1-12-18 (before its expiration).
2750-(9) IC 6-1.1-12-22 (before its expiration).
2751-(10) IC 6-1.1-12-37.
2752-(11) IC 6-1.1-12-37.5.
2753-(c) For the payment date applicable to the assessment date referred
2754-to in subsection (a)(1), real property is eligible for the credit for
2755-excessive residential property taxes under IC 6-1.1-20.6 for which the
2756-transferor under subsection (a)(2) would be eligible for that payment
2757-date if the transfer had not occurred.
2758-SECTION 52. IC 6-1.1-12-47 IS ADDED TO THE INDIANA
2759-CODE AS A NEW SECTION TO READ AS FOLLOWS
2760-[EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 47. (a)
2761-This section applies to assessment dates beginning after December
2762-31, 2024.
2763-(b) As used in the section, "eligible property" means all
2764-property that is subject to the credit for excessive property taxes
2765-under IC 6-1.1-20.6-7.5(a)(2) through IC 6-1.1-20.6-7.5(a)(4).
2766-(c) A taxpayer is entitled to a deduction from the assessed value
2767-of the taxpayer's eligible property after the application of any
2768-other deductions that apply under this article equal to:
2769-(1) six percent (6%) of the taxpayer's assessed value for
2770-assessments made in 2025 for property taxes first due and
2771-payable in 2026;
2772-(2) twelve percent (12%) of the taxpayer's assessed value for
2773-assessments made in 2026 for property taxes first due and
2774-payable in 2027;
2775-(3) nineteen percent (19%) of the taxpayer's assessed value
2776-for assessments made in 2027 for property taxes first due and
2777-payable in 2028;
2778-(4) twenty-five percent (25%) of the taxpayer's assessed value
2779-for assessments made in 2028 for property taxes first due and
2780-payable in 2029;
2781-(5) thirty percent (30%) of the taxpayer's assessed value for
2782-assessments made in 2029 for property taxes first due and
2783-payable in 2030; and
2784-(6) thirty-three and four-tenths percent (33.4%) of the
2785-taxpayer's assessed value for assessments made in 2030 for
2786-property taxes first due and payable in 2031, and for
2787-assessments made in each taxable year thereafter.
2788-(d) A taxpayer is not required to file an application to qualify
2789-SEA 1 — Concur 66
2790-for the deduction established by this section. A county auditor shall
2791-apply the deduction to eligible property in the county as set forth
2792-in this section.
2793-(e) Application of the phased in deduction under this section for
2794-assessment dates after December 31, 2024, with regard to mobile
2795-homes that are not assessed as real property and manufactured
2796-homes not assessed as real property shall be construed and applied
2797-in the same manner in terms of timing and consistent with its
2798-application for real property.
2799-SECTION 53. IC 6-1.1-12.1-4.5, AS AMENDED BY P.L.8-2022,
2800-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2801-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 4.5. (a) An applicant
2802-must provide a statement of benefits to the designating body. The
2803-applicant must provide the completed statement of benefits form to the
2804-designating body before the hearing specified in section 2.5(c) of this
2805-chapter or before the installation of the new manufacturing equipment,
2806-new farm equipment, new research and development equipment, new
2807-logistical distribution equipment, or new information technology
2808-equipment for which the person desires to claim a deduction under this
2809-chapter. The department of local government finance shall prescribe a
2810-form for the statement of benefits. The statement of benefits must
2811-include the following information:
2812-(1) A description of the new manufacturing equipment, new farm
2813-equipment, new research and development equipment, new
2814-logistical distribution equipment, or new information technology
2815-equipment that the person proposes to acquire. A statement of
2816-benefits for new farm equipment must describe each piece of new
2817-farm equipment with sufficient detail to afford identification.
2818-(2) With respect to:
2819-(A) new manufacturing equipment not used to dispose of solid
2820-waste or hazardous waste by converting the solid waste or
2821-hazardous waste into energy or other useful products; and
2822-(B) new farm equipment, new research and development
2823-equipment, new logistical distribution equipment, or new
2824-information technology equipment;
2825-an estimate of the number of individuals who will be employed or
2826-whose employment will be retained by the person as a result of
2827-the installation of the new manufacturing equipment, new farm
2828-equipment, new research and development equipment, new
2829-logistical distribution equipment, or new information technology
2830-equipment and an estimate of the annual salaries of these
2831-individuals.
2832-SEA 1 — Concur 67
2833-(3) An estimate of the cost of the new manufacturing equipment,
2834-new farm equipment, new research and development equipment,
2835-new logistical distribution equipment, or new information
2836-technology equipment.
2837-(4) With respect to new manufacturing equipment used to dispose
2838-of solid waste or hazardous waste by converting the solid waste
2839-or hazardous waste into energy or other useful products, an
2840-estimate of the amount of solid waste or hazardous waste that will
2841-be converted into energy or other useful products by the new
2842-manufacturing equipment.
2843-The statement of benefits may be incorporated in a designation
2844-application. Notwithstanding any other law, a statement of benefits is
2845-a public record that may be inspected and copied under IC 5-14-3-3.
2846-(b) The designating body must review the statement of benefits
2847-required under subsection (a). The designating body shall determine
2848-whether an area should be designated an economic revitalization area
2849-or whether the deduction shall be allowed, based on (and after it has
2850-made) the following findings:
2851-(1) Whether the estimate of the cost of the new manufacturing
2852-equipment, new farm equipment, new research and development
2853-equipment, new logistical distribution equipment, or new
2854-information technology equipment is reasonable for equipment of
2855-that type.
2856-(2) With respect to:
2857-(A) new manufacturing equipment not used to dispose of solid
2858-waste or hazardous waste by converting the solid waste or
2859-hazardous waste into energy or other useful products; and
2860-(B) new farm equipment, new research and development
2861-equipment, new logistical distribution equipment, or new
2862-information technology equipment;
2863-whether the estimate of the number of individuals who will be
2864-employed or whose employment will be retained can be
2865-reasonably expected to result from the installation of the new
2866-manufacturing equipment, new farm equipment, new research and
2867-development equipment, new logistical distribution equipment, or
2868-new information technology equipment.
2869-(3) Whether the estimate of the annual salaries of those
2870-individuals who will be employed or whose employment will be
2871-retained can be reasonably expected to result from the proposed
2872-installation of new manufacturing equipment, new farm
2873-equipment, new research and development equipment, new
2874-logistical distribution equipment, or new information technology
2875-SEA 1 — Concur 68
2876-equipment.
2877-(4) With respect to new manufacturing equipment used to dispose
2878-of solid waste or hazardous waste by converting the solid waste
2879-or hazardous waste into energy or other useful products, whether
2880-the estimate of the amount of solid waste or hazardous waste that
2881-will be converted into energy or other useful products can be
2882-reasonably expected to result from the installation of the new
2883-manufacturing equipment.
2884-(5) Whether any other benefits about which information was
2885-requested are benefits that can be reasonably expected to result
2886-from the proposed installation of new manufacturing equipment,
2887-new farm equipment, new research and development equipment,
2888-new logistical distribution equipment, or new information
2889-technology equipment.
2890-(6) Whether the totality of benefits is sufficient to justify the
2891-deduction.
2892-The designating body may not designate an area an economic
2893-revitalization area or approve the deduction unless it makes the
2894-findings required by this subsection in the affirmative.
2895-(c) Except as provided in subsection (f), and subject to subsection
2896-(g) and section 15 of this chapter, an owner of new manufacturing
2897-equipment, new farm equipment, new research and development
2898-equipment, new logistical distribution equipment, or new information
2899-technology equipment whose statement of benefits is approved is
2900-entitled to a deduction from the assessed value of that equipment for
2901-the number of years determined by the designating body under section
2902-17 or 18 of this chapter. Except as provided in subsection (d) and in
2903-section 2(i)(3) of this chapter, and subject to subsection (g) and section
2904-15 of this chapter, the amount of the deduction that an owner is entitled
2905-to for a particular year equals the product of:
2906-(1) the assessed value of the new manufacturing equipment, new
2907-farm equipment, new research and development equipment, new
2908-logistical distribution equipment, or new information technology
2909-equipment in the year of deduction under the abatement schedule
2910-established under section 17 or 18 of this chapter; multiplied by
2911-(2) the percentage prescribed by the designating body under
2912-section 17 or 18 of this chapter.
2913-(d) With respect to new manufacturing equipment and new research
2914-and development equipment installed before March 2, 2001, the
2915-deduction under this section is the amount that causes the net assessed
2916-value of the property after the application of the deduction under this
2917-section to equal the net assessed value after the application of the
2918-SEA 1 — Concur 69
2919-deduction under this section that results from computing:
2920-(1) the deduction under this section as in effect on March 1, 2001;
2921-and
2922-(2) the assessed value of the property under 50 IAC 4.2, as in
2923-effect on March 1, 2001, or, in the case of property subject to
2924-IC 6-1.1-8, 50 IAC 5.1, as in effect on March 1, 2001.
2925-(e) The designating body shall determine the number of years the
2926-deduction is allowed under section 17 or 18 of this chapter. Except as
2927-provided by section 18 of this chapter, the deduction may not be
2928-allowed for more than ten (10) years. This determination shall be made:
2929-(1) as part of the resolution adopted under section 2.5 of this
2930-chapter; or
2931-(2) by resolution adopted within sixty (60) days after receiving a
2932-copy of a property owner's certified deduction application from
2933-the county auditor. A certified copy of the resolution shall be sent
2934-to the county auditor.
2935-A determination about the number of years the deduction is allowed
2936-that is made under subdivision (1) is final and may not be changed by
2937-following the procedure under subdivision (2).
2938-(f) The owner of new manufacturing equipment that is directly used
2939-to dispose of hazardous waste is not entitled to the deduction provided
2940-by this section for a particular assessment year if during that
2941-assessment year the owner:
2942-(1) is convicted of a criminal violation under IC 13, including
2943-IC 13-7-13-3 (repealed) or IC 13-7-13-4 (repealed); or
2944-(2) is subject to an order or a consent decree with respect to
2945-property located in Indiana based on a violation of a federal or
2946-state rule, regulation, or statute governing the treatment, storage,
2947-or disposal of hazardous wastes that had a major or moderate
2948-potential for harm.
2949-(g) For purposes of subsection (c), the assessed value of new
2950-manufacturing equipment, new farm equipment, new research and
2951-development equipment, new logistical distribution equipment, or new
2952-information technology equipment that is part of an owner's assessable
2953-depreciable personal property in a single taxing district subject to the
2954-valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9
2955-IC 6-1.1-8-45 is the product of:
2956-(1) the assessed value of the equipment determined without
2957-regard to the valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29
2958-or 50 IAC 5.1-6-9; IC 6-1.1-8-45; multiplied by
2959-(2) the quotient of:
2960-(A) the amount of the valuation limitation determined under
2961-SEA 1 — Concur 70
2962-50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9 IC 6-1.1-8-45
2963-for all of the owner's depreciable personal property in the
2964-taxing district; divided by
2965-(B) the total true tax value of all of the owner's depreciable
2966-personal property in the taxing district that is subject to the
2967-valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50
2968-IAC 5.1-6-9 IC 6-1.1-8-45 determined:
2969-(i) under the depreciation schedules in the rules of the
2970-department of local government finance before any
2971-adjustment for abnormal obsolescence; and
2972-(ii) without regard to the valuation limitation in 50
2973-IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9.
2974-IC 6-1.1-8-45.
2975-SECTION 54. IC 6-1.1-12.1-6, AS AMENDED BY P.L.181-2016,
2976-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2977-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 6. (a) A property owner
2978-may not receive a deduction under this chapter for repairs or
2979-improvements to real property if the property owner receives a
2980-deduction under either IC 6-1.1-12-18 (before its expiration) or
2981-IC 6-1.1-12-22 (before its expiration) for those same repairs or
2982-improvements. This subsection expires January 1, 2033.
2983-(b) A property owner may not receive a deduction under this chapter
2984-if the property owner receives a deduction under IC 6-1.1-12-28.5
2985-(before its expiration) for the same property.
2986-SECTION 55. IC 6-1.1-17-3, AS AMENDED BY P.L.220-2021,
2987-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2988-JULY 1, 2025]: Sec. 3. (a) The proper officers of a political subdivision
2989-shall formulate its estimated budget and its proposed tax rate and tax
2990-levy on the form prescribed by the department of local government
2991-finance and approved by the state board of accounts. In formulating a
2992-political subdivision's estimated budget under this section, the proper
2993-officers of the political subdivision must consider the net property tax
2994-revenue that will be collected by the political subdivision during the
2995-ensuing year, after taking into account the estimate by the department
2996-of local government finance under IC 6-1.1-20.6-11.1 of the amount by
2997-which the political subdivision's distribution of property taxes will be
2998-reduced by credits under IC 6-1.1-20.6-9.5 in the ensuing year, after
2999-taking into account the estimate by the department of local government
3000-finance under section 0.7 of this chapter of the maximum amount of net
3001-property tax revenue and miscellaneous revenue that the political
3002-subdivision will receive in the ensuing year, and after taking into
3003-account all payments for debt service obligations that are to be made
3004-SEA 1 — Concur 71
3005-by the political subdivision during the ensuing year. The political
3006-subdivision or appropriate fiscal body, if the political subdivision is
3007-subject to section 20 of this chapter, shall submit the following
3008-information to the department's computer gateway:
3009-(1) The estimated budget.
3010-(2) The estimated maximum permissible levy, as provided by the
3011-department under IC 6-1.1-18.5-24.
3012-(3) The current and proposed tax levies of each fund.
3013-(4) The percentage change between the current and proposed tax
3014-levies of each fund.
3015-(5) The amount by which the political subdivision's distribution
3016-of property taxes may be reduced by credits granted under
3017-IC 6-1.1-20.6, as estimated by the department of local government
3018-finance under IC 6-1.1-20.6-11.1.
3019-(6) The amounts of excessive levy appeals to be requested.
3020-(7) The time and place at which the political subdivision or
3021-appropriate fiscal body will hold a public hearing on the items
3022-described in subdivisions (1) through (6).
3023-(8) The amount of any increase in the tax rate and tax levies
3024-of the political subdivision in an ordinance adopted under
3025-section 23 of this chapter.
3026-(8) (9) The time and place at which the political subdivision or
3027-appropriate fiscal body will meet to fix the budget, tax rate, and
3028-levy under section 5 of this chapter.
3029-(9) (10) The date, time, and place of the final adoption of the
3030-budget, tax rate, and levy under section 5 of this chapter.
3031-Except as provided in section 5.6(b) of this chapter, the political
3032-subdivision or appropriate fiscal body shall submit this information to
3033-the department's computer gateway at least ten (10) days before the
3034-public hearing required by this subsection in the manner prescribed by
3035-the department. If the date, time, or place of the final adoption
3036-subsequently changes, the political subdivision shall update the
3037-information submitted to the department's computer gateway. The
3038-department shall make this information available to taxpayers, at least
3039-ten (10) days before the public hearing, through its computer gateway
3040-and provide a telephone number through which taxpayers may request
3041-mailed copies of a political subdivision's information under this
3042-subsection. The department's computer gateway must allow a taxpayer
3043-to search for the information under this subsection by the taxpayer's
3044-address. The department shall review only the submission to the
3045-department's computer gateway for compliance with this section.
3046-(b) The board of directors of a solid waste management district
3047-SEA 1 — Concur 72
3048-established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
3049-conduct the public hearing required under subsection (a):
3050-(1) in any county of the solid waste management district; and
3051-(2) in accordance with the annual notice of meetings published
3052-under IC 13-21-5-2.
3053-(c) The trustee of each township in the county shall estimate the
3054-amount necessary to meet the cost of township assistance in the
3055-township for the ensuing calendar year. The township board shall,
3056-subject to section 23 of this chapter, adopt with the township budget
3057-a tax rate sufficient to meet the estimated cost of township assistance.
3058-The taxes collected as a result of the tax rate adopted under this
3059-subsection are credited to the township assistance fund.
3060-(d) A political subdivision for which any of the information under
3061-subsection (a) is not submitted to the department's computer gateway
3062-in the manner prescribed by the department shall have its most recent
3063-annual appropriations and annual tax levy continued for the ensuing
3064-budget year.
3065-(e) If a political subdivision or appropriate fiscal body timely
3066-submits the information under subsection (a) but subsequently
3067-discovers the information contains an error, the political subdivision or
3068-appropriate fiscal body may submit amended information to the
3069-department's computer gateway. However, submission of an
3070-amendment to information described in subsection (a)(1) through (a)(7)
3071-must occur at least ten (10) days before the public hearing held under
3072-subsection (a), and submission of an amendment to information
3073-described in subsection (a)(8) through (a)(9) must occur at least
3074-twenty-four (24) hours before the time in which the meeting to fix the
3075-budget, tax rate, and levy was originally advertised to commence.
3076-(f) Each year, the governing body of a school corporation that
3077-imposes property taxes to pay debt service on bonds or lease rentals on
3078-a lease for a controlled project under IC 6-1.1-20, property taxes under
3079-an operating referendum tax levy under IC 20-46-1, or property taxes
3080-under a school safety referendum tax levy under IC 20-46-9, shall
3081-submit the following information at least ten (10) days before the
3082-public hearing required by subsection (a) in the manner prescribed by
3083-the department:
3084-(1) the purposes specified in the public question submitted to the
3085-voters or any revenue spending plans adopted under
3086-IC 6-1.1-20-13, IC 20-46-1-8, or IC 20-46-9-6 for:
3087-(A) debt service on bonds or lease rentals on a lease for a
3088-controlled project under IC 6-1.1-20;
3089-(B) an operating referendum tax levy approved by the voters
3090-SEA 1 — Concur 73
3091-of the school corporation under IC 20-46-1; or
3092-(C) a school safety referendum tax levy approved by the voters
3093-of the school corporation under IC 20-46-9;
3094-as applicable; and
3095-(2) the debt service levy fund, operating referendum tax levy
3096-fund, or school safety referendum tax levy fund of the school
3097-corporation, whichever is applicable;
3098-to show whether the school corporation is using revenue collected from
3099-the referendum tax levy in the amounts and for the purposes
3100-established in the purposes specified in the public question submitted
3101-to the voters or the revenue spending plan, as applicable. The
3102-department shall make this information available to taxpayers at least
3103-ten (10) days before the public hearing.
3104-SECTION 56. IC 6-1.1-17-16, AS AMENDED BY P.L.9-2024,
3105-SECTION 169, IS AMENDED TO READ AS FOLLOWS
3106-[EFFECTIVE JULY 1, 2025]: Sec. 16. (a) The department of local
3107-government finance shall certify the tax rates and tax levies for all
3108-funds of political subdivisions subject to the department of local
3109-government finance's review.
3110-(b) For a fund of a political subdivision subject to levy limits under
3111-IC 6-1.1-18.5-3, the department of local government finance shall
3112-calculate and certify the allowable budget of the fund if the political
3113-subdivision adopts a tax levy that exceeds the estimated maximum levy
3114-limits as provided by the department of local government finance under
3115-IC 6-1.1-18.5-24.
3116-(c) For a fund of a political subdivision subject to levy limits under
3117-IC 6-1.1-18.5-3 and for which the political subdivision adopts a tax
3118-levy that is not more than the levy limits under IC 6-1.1-18.5-3, the
3119-department of local government finance shall review the fund to ensure
3120-the adopted budget is fundable based on the unit's adopted tax levy and
3121-estimates of available revenues. If the adopted budget is fundable, the
3122-department of local government finance shall use the adopted budget
3123-as the approved appropriation for the fund for the budget year. As
3124-needed, the political subdivision may complete the additional
3125-appropriation process through IC 6-1.1-18-5 for these funds during the
3126-budget year.
3127-(d) For a fund of the political subdivision subject to levy limits
3128-under IC 6-1.1-18.5-3 and for which the political subdivision adopts a
3129-tax levy that is not more than the levy limits under IC 6-1.1-18.5-3, if
3130-the department of local government finance has determined the adopted
3131-budget is not fundable based on the unit's adopted tax levy and
3132-estimates of available revenues, the department of local government
3133-SEA 1 — Concur 74
3134-finance shall calculate and certify the allowable budget that is fundable
3135-based on the adopted tax levy and the department's estimates of
3136-available revenues.
3137-(e) For all other funds of a political subdivision not described in
3138-subsections (b), (c), and (d), the department of local government
3139-finance shall certify a budget for the fund.
3140-(f) Except as provided in section 16.1 of this chapter, the department
3141-of local government finance is not required to hold a public hearing
3142-before the department of local government finance reviews, revises,
3143-reduces, or increases a political subdivision's budget by fund, tax rate,
3144-or tax levy under this section.
3145-(g) Except as provided in subsection (l), IC 20-46, or IC 6-1.1-18.5,
3146-the department of local government finance may not increase a political
3147-subdivision's budget by fund, tax rate, or tax levy to an amount which
3148-exceeds the amount originally fixed by the political subdivision.
3149-However, if the department of local government finance determines
3150-that IC 5-3-1-2.3(b) applies to the tax rate, tax levy, or budget of the
3151-political subdivision, the maximum amount by which the department
3152-may increase the tax rate, tax levy, or budget is the amount originally
3153-fixed by the political subdivision, and not the amount that was
3154-incorrectly published or omitted in the notice described in
3155-IC 5-3-1-2.3(b). The department of local government finance shall give
3156-the political subdivision notification electronically in the manner
3157-prescribed by the department of local government finance specifying
3158-any revision, reduction, or increase the department proposes in a
3159-political subdivision's tax levy or tax rate. The political subdivision has
3160-ten (10) calendar days from the date the political subdivision receives
3161-the notice to provide a response electronically in the manner prescribed
3162-by the department of local government finance. The response may
3163-include budget reductions, reallocation of levies, a revision in the
3164-amount of miscellaneous revenues, and further review of any other
3165-item about which, in the view of the political subdivision, the
3166-department is in error. The department of local government finance
3167-shall consider the adjustments as specified in the political subdivision's
3168-response if the response is provided as required by this subsection and
3169-shall deliver a final decision to the political subdivision. The
3170-department of local government finance may not consider any
3171-adjustments that are suggested by the political subdivision after the
3172-expiration of the ten (10) day period allowed for the political
3173-subdivision's response.
3174-(h) The department of local government finance may not approve a
3175-levy for lease payments by a city, town, county, library, or school
3176-SEA 1 — Concur 75
3177-corporation if the lease payments are payable to a building corporation
3178-for use by the building corporation for debt service on bonds and if:
3179-(1) no bonds of the building corporation are outstanding; or
3180-(2) the building corporation has enough legally available funds on
3181-hand to redeem all outstanding bonds payable from the particular
3182-lease rental levy requested.
3183-(i) The department of local government finance shall certify its
3184-action to:
3185-(1) the county auditor;
3186-(2) if the budget and levy of the political subdivision are being
3187-continued:
3188-(A) the state board of accounts;
3189-(B) the state comptroller; and
3190-(C) the department of state revenue;
3191-(3) the political subdivision if the department acts pursuant to an
3192-appeal initiated by the political subdivision; and
3193-(4) a taxpayer that owns property that represents at least ten
3194-percent (10%) of the taxable assessed valuation in the political
3195-subdivision.
3196-(j) The following may petition for judicial review of the final
3197-determination of the department of local government finance under
3198-subsection (i):
3199-(1) If the department acts under an appeal initiated by a political
3200-subdivision, the political subdivision.
3201-(2) A taxpayer that owns property that represents at least ten
3202-percent (10%) of the taxable assessed valuation in the political
3203-subdivision.
3204-The petition must be filed in the tax court not more than forty-five (45)
3205-days after the department certifies its action under subsection (i).
3206-(k) The department of local government finance is expressly
3207-directed to complete the duties assigned to it under this section as
3208-follows:
3209-(1) Not later than December 31 of the year preceding that budget
3210-year, unless subdivision (2) applies.
3211-(2) Not later than January 15 of the budget year if any of the
3212-following are true:
3213-(A) A taxing unit in a county intends to issue debt after
3214-December 1 in the year preceding the budget year and has
3215-indicated its intent to issue debt after December 1 in the year
3216-preceding the budget year as specified in section 5 of this
3217-chapter.
3218-(B) A taxing unit intends to file a shortfall appeal under
3219-SEA 1 — Concur 76
3220-IC 6-1.1-18.5-16 and has indicated its intent to file a shortfall
3221-appeal as specified in section 5 of this chapter.
3222-(C) The deadline for a city in the county to fix the budget, tax
3223-rate, and tax levy has been extended, in accordance with
3224-section 5.2 of this chapter, due to the executive's veto of the
3225-ordinance fixing the budget, tax rate, and tax levy.
3226-(l) Subject to the provisions of all applicable statutes, and
3227-notwithstanding IC 6-1.1-18-1, the department of local government
3228-finance shall, unless the department finds extenuating circumstances,
3229-increase a political subdivision's tax levy to an amount that exceeds the
3230-amount originally advertised or adopted by the political subdivision if:
3231-(1) the increase is requested in writing by the officers of the
3232-political subdivision;
3233-(2) the request includes:
3234-(A) the corrected budget, tax rate, or levy, as applicable; and
3235-(B) the time and place of the meeting described in subdivision
3236-(4);
3237-(3) the political subdivision publishes the requested increase on
3238-the department's advertising website;
3239-(4) the political subdivision adopts the needed changes to its
3240-budget, tax levy, or rate in a public meeting of the governing
3241-body; and
3242-(5) notice is given to the county fiscal body of the department's
3243-correction.
3244-The political subdivision shall publish notice of the meeting described
3245-in subdivision (4) on the Indiana transparency website in the manner
3246-prescribed by the department not later than forty-eight (48) hours
3247-(excluding weekends and holidays) before the meeting. If the
3248-department increases a levy beyond what was advertised or adopted
3249-under this subsection, it shall, unless the department finds extenuating
3250-circumstances, reduce the certified levy affected below the maximum
3251-allowable levy by the lesser of five percent (5%) of the difference
3252-between the advertised or adopted levy and the increased levy, or one
3253-hundred thousand dollars ($100,000).
3254-(m) If the department of local government finance has
3255-determined that the proposed tax levy for a political subdivision's
3256-budget exceeds the permissible tax levy for the political subdivision
3257-under section 23 of this chapter, the department of local
3258-government finance shall calculate and certify the allowable tax
3259-levy and tax rate for the political subdivision based on the
3260-provisions in section 23 of this chapter.
3261-SECTION 57. IC 6-1.1-17-17, AS AMENDED BY P.L.146-2008,
3262-SEA 1 — Concur 77
3263-SECTION 161, IS AMENDED TO READ AS FOLLOWS
3264-[EFFECTIVE JULY 1, 2025]: Sec. 17. Subject to the limitations
3265-contained in IC 6-1.1-18.5 and IC 20-46, and notwithstanding section
3266-23 of this chapter, the department of local government finance may at
3267-any time increase the tax rate and tax levy of a political subdivision for
3268-the following reasons:
3269-(1) To pay the principal or interest upon a funding, refunding, or
3270-judgment funding obligation of a political subdivision.
3271-(2) To pay the interest or principal upon an outstanding obligation
3272-of the political subdivision.
3273-(3) To pay a judgment rendered against the political subdivision.
3274-(4) To pay lease rentals that have become an obligation of the
3275-political subdivision under IC 20-47-2 or IC 20-47-3.
3276-SECTION 58. IC 6-1.1-17-23 IS ADDED TO THE INDIANA
3277-CODE AS A NEW SECTION TO READ AS FOLLOWS
3278-[EFFECTIVE JULY 1, 2025]: Sec. 23. (a) This section applies
3279-beginning after December 31, 2028, to the formulation and
3280-adoption of a budget, tax rate, and tax levy under this chapter.
3281-(b) Notwithstanding any growth in a political subdivision's
3282-assessed value in the previous year, the ad valorem property tax
3283-levy for the budget of a political subdivision shall not exceed the ad
3284-valorem property tax levy for its last preceding annual budget,
3285-except as provided in subsections (c) and (d).
3286-(c) The fiscal body of a political subdivision may by ordinance
3287-authorize the proper officers of the political subdivision to
3288-formulate and submit a budget, tax rate, and tax levy under section
3289-3 of this chapter that exceeds the ad valorem property tax levy
3290-restriction in subsection (b), subject to all other limits under this
3291-article, if the following conditions are met:
3292-(1) The fiscal body of the political subdivision must hold a
3293-public hearing at which the only item on the agenda is the
3294-proposal to adopt an ordinance under this subsection. The
3295-hearing shall be conducted in accordance with IC 5-14-1.5,
3296-and notice of the hearing shall be published in accordance
3297-with IC 5-3-1.
3298-(2) After conducting a public hearing under subdivision (1)
3299-and subject to subdivision (3), the fiscal body of the political
3300-subdivision may adopt an ordinance under this subsection,
3301-which must contain:
3302-(A) a general statement of the reasons for the tax levy and
3303-tax rate increase;
3304-(B) the dollar amount of the tax levy increase; and
3305-SEA 1 — Concur 78
3306- (C) the percentage increase in the tax rate from the
3307-previous year.
3308-(3) An ordinance may not be adopted under this section after
3309-the date that is fifteen (15) days before the public hearing
3310-under section 3 of this chapter.
3311-(d) If an ordinance is adopted by the fiscal body of a political
3312-subdivision under subsection (c), the limitation in subsection (b)
3313-shall not apply and instead the ad valorem property tax levy for
3314-the budget of the political subdivision shall not exceed the sum of:
3315-(1) the ad valorem property tax levy for the political
3316-subdivision's last preceding annual budget; plus
3317-(2) the additional ad valorem property tax levy authorized in
3318-the ordinance adopted by the fiscal body under subsection (c);
3319-subject to all other limits under this article.
3320-(e) The provisions of this section shall be applied to decrease the
3321-tax rate of each political subdivision in which there was an increase
3322-in the political subdivision's assessed value in the previous year,
3323-subject to subsections (c) and (d).
3324-SECTION 59. IC 6-1.1-18.5-2, AS AMENDED BY P.L.239-2023,
3325-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3326-UPON PASSAGE]: Sec. 2. (a) As used in this section, "Indiana
3327-nonfarm personal income" means the estimate of total nonfarm
3328-personal income for Indiana in a calendar year as computed by the
3329-federal Bureau of Economic Analysis using any actual data for the
3330-calendar year and any estimated data determined appropriate by the
3331-federal Bureau of Economic Analysis.
3332-(b) Except as provided in subsections (c) and (e), for purposes of
3333-determining a civil taxing unit's maximum permissible ad valorem
3334-property tax levy for an ensuing calendar year, the civil taxing unit
3335-shall use the maximum levy growth quotient determined in the last
3336-STEP of the following STEPS:
3337-STEP ONE: For each of the six (6) calendar years immediately
3338-preceding the year in which a budget is adopted under
3339-IC 6-1.1-17-5 for the ensuing calendar year, divide the Indiana
3340-nonfarm personal income for the calendar year by the Indiana
3341-nonfarm personal income for the calendar year immediately
3342-preceding that calendar year, rounding to the nearest
3343-one-thousandth (0.001).
3344-STEP TWO: Determine the sum of the STEP ONE results.
3345-STEP THREE: Divide the STEP TWO result by six (6), rounding
3346-to the nearest one-thousandth (0.001).
3347-STEP FOUR: Determine the lesser of the following:
3348-SEA 1 — Concur 79
3349-(A) The STEP THREE quotient.
3350-(B) One and six-hundredths (1.06).
3351-(c) Except as provided in subsection (f), a school corporation shall
3352-use for its operations fund maximum levy calculation under
3353-IC 20-46-8-1 the maximum levy growth quotient determined in the last
3354-STEP of the following STEPS:
3355-STEP ONE: Determine for each school corporation, the average
3356-annual growth in net assessed value using the three (3) calendar
3357-years immediately preceding the year in which a budget is
3358-adopted under IC 6-1.1-17-5 for the ensuing calendar year.
3359-STEP TWO: Determine the greater of:
3360-(A) zero (0); or
3361-(B) the STEP ONE amount minus the sum of:
3362-(i) the maximum levy growth quotient determined under
3363-subsection (b) minus one (1); plus
3364-(ii) two-hundredths (0.02).
3365-STEP THREE: Determine the lesser of:
3366-(A) the STEP TWO amount; or
3367-(B) four-hundredths (0.04).
3368-STEP FOUR: Determine the sum of:
3369-(A) the STEP THREE amount; plus
3370-(B) the maximum levy growth quotient determined under
3371-subsection (b).
3372-STEP FIVE: Determine the greater of:
3373-(A) the STEP FOUR amount; or
3374-(B) the maximum levy growth quotient determined under
3375-subsection (b).
3376-(d) The budget agency shall provide the maximum levy growth
3377-quotient for the ensuing year to civil taxing units, school corporations,
3378-and the department of local government finance before July 1 of each
3379-year.
3380-(e) This subsection applies only for purposes of determining the
3381-maximum levy growth quotient to be used in determining a civil taxing
3382-unit's maximum permissible ad valorem property tax levy in calendar
3383-years 2024, and 2025, and 2026. For purposes of determining the
3384-maximum levy growth quotient in calendar years 2024, and 2025, and
3385-2026, instead of the result determined in the last STEP in subsection
3386-(b), the maximum levy growth quotient is determined in the last STEP
3387-of the following STEPS:
3388-STEP ONE: Determine the result of STEP FOUR of subsection
3389-(b), calculated as if this subsection was not in effect.
3390-STEP TWO: Subtract one (1) from the STEP ONE result.
3391-SEA 1 — Concur 80
3392-STEP THREE: Multiply the STEP TWO result by eight-tenths
3393-(0.8).
3394-STEP FOUR: Add one (1) to the STEP THREE result.
3395-STEP FIVE: Determine the lesser of:
3396-(A) the STEP FOUR result; or
3397-(B) one and four-hundredths (1.04).
3398-(f) This subsection applies only for purposes of determining the
3399-maximum levy growth quotient to be used in determining a school
3400-corporation's operations fund maximum levy in calendar years 2024,
3401-and 2025, and 2026. For purposes of determining the maximum levy
3402-growth quotient in calendar years 2024, and 2025, and 2026, instead
3403-of the result determined in the last STEP in subsection (c), the
3404-maximum levy growth quotient is determined in the last STEP of the
3405-following STEPS:
3406-STEP ONE: Determine the result of STEP FIVE of subsection (c),
3407-calculated as if this subsection was not in effect.
3408-STEP TWO: Subtract one (1) from the STEP ONE result.
3409-STEP THREE: Multiply the STEP TWO result by eight-tenths
3410-(0.8).
3411-STEP FOUR: Add one (1) to the STEP THREE result.
3412-STEP FIVE: Determine the lesser of:
3413-(A) the STEP FOUR result; or
3414-(B) one and four-hundredths (1.04).
3415-SECTION 60. IC 6-1.1-18.5-3, AS AMENDED BY P.L.247-2017,
3416-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3417-JANUARY 1, 2028]: Sec. 3. (a) A civil taxing unit may not impose an
3418-ad valorem property tax levy for an ensuing calendar year that exceeds
3419-the amount determined in the last STEP of the following STEPS:
3420-STEP ONE: Determine the civil taxing unit's maximum
3421-permissible ad valorem property tax levy for the preceding
3422-calendar year.
3423-STEP TWO: Multiply the amount determined in STEP ONE by
3424-the amount determined in the last STEP of section 2(b) of this
3425-chapter.
3426-STEP THREE: Determine the lesser of one and fifteen hundredths
3427-(1.15) or the quotient (rounded to the nearest ten-thousandth
3428-(0.0001)), of the assessed value of all taxable property subject to
3429-the civil taxing unit's ad valorem property tax levy for the ensuing
3430-calendar year, divided by the assessed value of all taxable
3431-property that is subject to the civil taxing unit's ad valorem
3432-property tax levy for the ensuing calendar year and that is
3433-contained within the geographic area that was subject to the civil
3434-SEA 1 — Concur 81
3435-taxing unit's ad valorem property tax levy in the preceding
3436-calendar year.
3437-STEP FOUR: Determine the greater of the amount determined in
3438-STEP THREE or one (1).
3439-STEP FIVE: Multiply the amount determined in STEP TWO by
3440-the amount determined in STEP FOUR.
3441-STEP SIX: Add the amount determined under STEP TWO to the
3442-amount of an excessive levy appeal granted under section 13 of
3443-this chapter for the ensuing calendar year.
3444-STEP SEVEN: Determine the greater of STEP FIVE or STEP
3445-SIX.
3446-(b) This subsection applies only to a civil taxing unit that is located
3447-in a county that is covered by IC 6-3.6-11-1. For purposes of subsection
3448-(a), revenue under IC 6-3.6-6 that is applied for purposes of a levy
3449-freeze shall not be included in the amount determined under STEP
3450-ONE of subsection (a) for the civil taxing unit. Notwithstanding any
3451-provision in this section, any other section of this chapter, or
3452-IC 12-20-21-3.2, and except as provided in subsection (c), if the
3453-adopting body has adopted a resolution specifying that any increase in
3454-the maximum levy is to be funded using local income tax revenue, the
3455-maximum permissible ad valorem property tax levy calculated under
3456-this section for the ensuing calendar year for the civil taxing unit is
3457-equal to the civil taxing unit's maximum permissible ad valorem
3458-property tax levy for the current calendar year. If the adopting body has
3459-adopted a resolution specifying that any increase in the maximum levy
3460-is not to be funded using local income tax revenue, the maximum
3461-permissible ad valorem property tax levy for the civil taxing unit is
3462-equal to the civil taxing unit's maximum permissible ad valorem
3463-property tax levy calculated under this section for the ensuing calendar
3464-year.
3465-(c) In the case of a civil taxing unit that:
3466-(1) is partially located in a county that is covered by
3467-IC 6-3.6-11-1; and
3468-(2) is partially located in a county that is not described in
3469-subdivision (1);
3470-the department of local government finance shall, notwithstanding
3471-subsection (b), adjust the portion of the civil taxing unit's maximum
3472-permissible ad valorem property tax levy that is attributable (as
3473-determined by the department of local government finance) to the
3474-county or counties described in subdivision (2). The department of
3475-local government finance shall adjust this portion of the civil taxing
3476-unit's maximum permissible ad valorem property tax levy so that,
3477-SEA 1 — Concur 82
3478-notwithstanding subsection (b), this portion is allowed to increase as
3479-otherwise provided in this section. If the department of local
3480-government finance increases the civil taxing unit's maximum
3481-permissible ad valorem property tax levy under this subsection, any
3482-additional property taxes imposed by the civil taxing unit under the
3483-adjustment shall be paid only by the taxpayers in the county or counties
3484-described in subdivision (2).
3485-(b) In the case of a county that was covered by IC 6-3.6-11-1
3486-(before its repeal), the maximum permissible property tax levy for
3487-the civil taxing unit under STEP ONE of subsection (a) shall be
3488-increased to the extent and in the amount that revenue from a levy
3489-freeze was applied to adjust the civil taxing unit's maximum
3490-permissible property tax levy in the tax year immediately
3491-preceding the repeal of IC 6-3.6-11-1. The increase shall apply to
3492-each tax year after the repeal. Notwithstanding any other provision
3493-of law, if a county has a stabilization fund, the county may use
3494-money from that fund for operations of the county in lieu of levy
3495-increases pursuant to this subsection. A county to which this
3496-subsection applies shall adopt a plan to phase in a multi-year
3497-gradual spend down of money in its stabilization fund or other
3498-available funds over a specified number of years that allows for the
3499-gradual increase of the county's levy in combination with money
3500-from its stabilization fund.
3501-SECTION 61. IC 6-1.1-18.5-12, AS AMENDED BY P.L.156-2024,
3502-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3503-JANUARY 1, 2026]: Sec. 12. (a) Any civil taxing unit that incurs
3504-increased costs resulting from annexation, a natural disaster, an
3505-accident, or another unanticipated emergency, and determines that
3506-it cannot carry out its governmental functions for an ensuing calendar
3507-year under the levy limitations imposed by section 3 or 25 of this
3508-chapter, as applicable, may, subject to subsections (h) and (i):
3509-(1) before October 20 of the calendar year immediately preceding
3510-the ensuing calendar year; or
3511-(2) in the case of a request described in section 16 of this chapter,
3512-before December 31 of the calendar year immediately preceding
3513-the ensuing calendar year;
3514-appeal to the department of local government finance for relief from
3515-those levy limitations. In the appeal the civil taxing unit must state that
3516-it will be unable to carry out the governmental functions committed to
3517-it by law unless it is given the authority that it is petitioning for. The
3518-civil taxing unit must support these allegations by reasonably detailed
3519-statements of fact.
3520-SEA 1 — Concur 83
3521-(b) The department of local government finance shall immediately
3522-proceed to the examination and consideration of the merits of the civil
3523-taxing unit's appeal.
3524-(c) In considering an appeal, the department of local government
3525-finance has the power to conduct hearings, require any officer or
3526-member of the appealing civil taxing unit to appear before it, or require
3527-any officer or member of the appealing civil taxing unit to provide the
3528-department with any relevant records or books.
3529-(d) If an officer or member:
3530-(1) fails to appear at a hearing after having been given written
3531-notice requiring that person's attendance; or
3532-(2) fails to produce the books and records that the department by
3533-written notice required the officer or member to produce;
3534-then the department may file an affidavit in the circuit court, superior
3535-court, or probate court in the jurisdiction in which the officer or
3536-member may be found setting forth the facts of the failure.
3537-(e) Upon the filing of an affidavit under subsection (d), the court
3538-shall promptly issue a summons, and the sheriff of the county within
3539-which the court is sitting shall serve the summons. The summons must
3540-command the officer or member to appear before the department to
3541-provide information to the department or to produce books and records
3542-for the department's use, as the case may be. Disobedience of the
3543-summons constitutes, and is punishable as, a contempt of the court that
3544-issued the summons.
3545-(f) All expenses incident to the filing of an affidavit under
3546-subsection (d) and the issuance and service of a summons shall be
3547-charged to the officer or member against whom the summons is issued,
3548-unless the court finds that the officer or member was acting in good
3549-faith and with reasonable cause. If the court finds that the officer or
3550-member was acting in good faith and with reasonable cause or if an
3551-affidavit is filed and no summons is issued, the expenses shall be
3552-charged against the county in which the affidavit was filed and shall be
3553-allowed by the proper fiscal officers of that county.
3554-(g) The fiscal officer of a civil taxing unit that appeals under section
3555-16 of this chapter for relief from levy limitations shall immediately file
3556-a copy of the appeal petition with the county auditor and the county
3557-treasurer of the county in which the unit is located.
3558-(h) This subsection applies to a civil taxing unit whose budget for
3559-the upcoming year is subject to review by a fiscal body under:
3560-(1) IC 6-1.1-17-20;
3561-(2) IC 6-1.1-17-20.3; or
3562-(3) IC 6-1.1-17-20.4.
3563-SEA 1 — Concur 84
3564-A civil taxing unit described in this subsection may not submit an
3565-appeal under this section unless the civil taxing unit receives approval
3566-from the appropriate fiscal body to submit the appeal.
3567-(i) A participating unit of a fire protection territory may not submit
3568-an appeal under this section unless each participating unit of the fire
3569-protection territory has adopted a resolution approving submission of
3570-the appeal.
3571-SECTION 62. IC 6-1.1-18.5-13, AS AMENDED BY P.L.174-2022,
3572-SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3573-JANUARY 1, 2026]: Sec. 13. (a) With respect to an appeal filed under
3574-section 12 of this chapter, the department may find that a civil taxing
3575-unit should receive any one (1) or more of the following types of the
3576-following relief:
3577-(1) Permission to the civil taxing unit to increase its levy in excess
3578-of the limitations established under section 3 or 25 of this chapter,
3579-as applicable, if in the judgment of the department the increase is
3580-reasonably necessary due to increased costs of the civil taxing
3581-unit resulting from annexation. consolidation, or other extensions
3582-of governmental services by the civil taxing unit to additional
3583-geographic areas. With respect to annexation, consolidation, or
3584-other extensions of governmental services in a calendar year, If
3585-those increased costs are incurred by the civil taxing unit in that
3586-calendar year and more than one (1) immediately succeeding
3587-calendar year, the unit may appeal under section 12 of this chapter
3588-for permission to increase its levy under this subdivision based on
3589-those increased costs in any of the following:
3590-(A) The first calendar year in which those costs are incurred.
3591-(B) One (1) or more of the immediately succeeding four (4)
3592-calendar years.
3593-(2) Permission to the civil taxing unit to increase its levy in excess
3594-of the limitations established under section 3 or 25 of this chapter,
3595-as applicable, if the department finds that the quotient determined
3596-under STEP SIX of the following formula is equal to or greater
3597-than one and two-hundredths (1.02):
3598-STEP ONE: Determine the three (3) calendar years that most
3599-immediately precede the ensuing calendar year.
3600-STEP TWO: Compute separately, for each of the calendar
3601-years determined in STEP ONE, the quotient (rounded to the
3602-nearest ten-thousandth (0.0001)) of the sum of the civil taxing
3603-unit's total assessed value of all taxable property divided by the
3604-sum determined under this STEP for the calendar year
3605-immediately preceding the particular calendar year.
3606-SEA 1 — Concur 85
3607-STEP THREE: Divide the sum of the three (3) quotients
3608-computed in STEP TWO by three (3).
3609-STEP FOUR: Compute separately, for each of the calendar
3610-years determined in STEP ONE, the quotient (rounded to the
3611-nearest ten-thousandth (0.0001)) of the sum of the total
3612-assessed value of all taxable property in all counties divided by
3613-the sum determined under this STEP for the calendar year
3614-immediately preceding the particular calendar year.
3615-STEP FIVE: Divide the sum of the three (3) quotients
3616-computed in STEP FOUR by three (3).
3617-STEP SIX: Divide the STEP THREE amount by the STEP
3618-FIVE amount.
3619-The civil taxing unit may increase its levy by a percentage not
3620-greater than the percentage by which the STEP THREE amount
3621-exceeds the percentage by which the civil taxing unit may
3622-increase its levy under section 3 or 25 of this chapter, as
3623-applicable, based on the maximum levy growth quotient
3624-determined under section 2 of this chapter.
3625-(3) (2) A levy increase may be granted under this subdivision only
3626-for property taxes first due and payable after December 31, 2008.
3627-Permission to a civil taxing unit to increase its levy in excess of
3628-the limitations established under section 3 or 25 of this chapter,
3629-as applicable, if the department determines that the civil taxing
3630-unit cannot carry out its governmental functions for an ensuing
3631-calendar year under the levy limitations imposed by section 3 or
3632-25 of this chapter, as applicable, due to a natural disaster, an
3633-accident, or another unanticipated emergency.
3634-(b) The department of local government finance shall increase the
3635-maximum permissible ad valorem property tax levy under section 3 of
3636-this chapter for the city of Goshen for 2012 and thereafter by an
3637-amount equal to the greater of zero (0) or the result of:
3638-(1) the city's total pension costs in 2009 for the 1925 police
3639-pension fund (IC 36-8-6) and the 1937 firefighters' pension fund
3640-(IC 36-8-7); minus
3641-(2) the sum of:
3642-(A) the total amount of state funds received in 2009 by the city
3643-and used to pay benefits to members of the 1925 police
3644-pension fund (IC 36-8-6) or the 1937 firefighters' pension fund
3645-(IC 36-8-7); plus
3646-(B) any previous permanent increases to the city's levy that
3647-were authorized to account for the transfer to the state of the
3648-responsibility to pay benefits to members of the 1925 police
3649-SEA 1 — Concur 86
3650-pension fund (IC 36-8-6) and the 1937 firefighters' pension
3651-fund (IC 36-8-7).
3652-SECTION 63. IC 6-1.1-18.5-19 IS AMENDED TO READ AS
3653-FOLLOWS [EFFECTIVE JANUARY 1, 2028]: Sec. 19. (a) If a
3654-township levied an ad valorem property tax levy for a township
3655-firefighting fund under IC 36-8-13-4 for calendar year 1989, the
3656-maximum permissible ad valorem property tax levy that will apply to
3657-the township's firefighting fund under section 3 of this chapter for
3658-calendar year 1990 is the amount determined in STEP FIVE of the
3659-following STEPS:
3660-STEP ONE: Determine the part of the township's ad valorem
3661-property tax levy for calendar year 1989 that was dedicated to the
3662-township firefighting fund.
3663-STEP TWO: If the township incurred any loans or bonded
3664-indebtedness to pay for fire protection or emergency services
3665-during the period from January 1, 1987, through December 31,
3666-1989 (excluding loans or bonded indebtedness used to purchase
3667-firefighting apparatus or equipment or housing), determine the
3668-number of calendar years during that period in which the
3669-township incurred the loans or bonded indebtedness.
3670-STEP THREE: Calculate the quotient of:
3671-(A) the total amounts of loans or bonded indebtedness
3672-incurred by the township for fire protection and emergency
3673-services during the period from January 1, 1987, through
3674-December 31, 1989 (excluding loans or bonded indebtedness
3675-used to purchase firefighting apparatus or equipment or
3676-housing); divided by
3677-(B) the number determined in STEP TWO.
3678-STEP FOUR: Add the result determined in STEP ONE to the
3679-result determined in STEP THREE.
3680-STEP FIVE: Calculate the maximum ad valorem property tax levy
3681-that would result from making the calculations contained in
3682-section 3 of this chapter as those calculations apply to the
3683-township, using the result obtained in STEP FOUR for the civil
3684-taxing unit's maximum permissible ad valorem property tax levy
3685-for the preceding calendar year under section 3(a) or 3(b) of this
3686-chapter (as in effect at the time of the calculation), whichever
3687-applies to the township.
3688-If the amount determined under this subsection is substantially lower
3689-than the township's normal expenditure patterns for fire protection and
3690-emergency services (excluding the expenditures for the purchase of
3691-firefighting apparatus or equipment or housing), the township may
3692-SEA 1 — Concur 87
3693-appeal to the local government tax control board for an increase in the
3694-1990 maximum permissible ad valorem property tax levy for its
3695-township firefighting fund. In considering the appeal, the local
3696-government tax control board shall consider other sources of revenue
3697-used by the township during calendar year 1989 to fund fire protection
3698-and emergency services that are also available for such funding in 1990
3699-and thereafter and the board shall also consider any other relevant
3700-factors.
3701-(b) If a township did not have a township firefighting fund under
3702-IC 36-8-13-4 for calendar year 1989, but appropriated funds for fire
3703-protection or emergency services for that calendar year, the township's
3704-maximum ad valorem property tax levy that will apply to the township's
3705-firefighting fund under section 3 of this chapter for calendar year 1990
3706-is the amount determined in STEP FIVE of the following STEPS:
3707-STEP ONE: Determine the amount that the township appropriated
3708-from its general fund for fire protection and emergency services
3709-(excluding appropriations for the purchase of firefighting
3710-apparatus or equipment or housing).
3711-STEP TWO: If the township incurred any loans or bonded
3712-indebtedness to pay for fire protection or emergency services
3713-during the period from January 1, 1987, through December 31,
3714-1989 (excluding loans or bonded indebtedness used to purchase
3715-firefighting apparatus or equipment or housing), determine the
3716-number of calendar years during that period in which the
3717-township incurred the loans or bonded indebtedness.
3718-STEP THREE: Calculate the quotient of:
3719-(A) the total amounts of loans or bonded indebtedness
3720-incurred by the township for fire protection and emergency
3721-services during the period from January 1, 1987, through
3722-December 31, 1989 (excluding loans or bonded indebtedness
3723-used to purchase firefighting apparatus or equipment or
3724-housing); divided by
3725-(B) the number determined in STEP TWO.
3726-STEP FOUR: Add the result of STEP ONE to the result of STEP
3727-THREE.
3728-STEP FIVE: Calculate the maximum ad valorem property tax levy
3729-that would result from making the calculations contained in
3730-section 3 of this chapter, as those calculations apply to the
3731-township, using the result obtained in STEP FOUR for the civil
3732-taxing unit's maximum permissible ad valorem property tax levy
3733-for the preceding calendar year under section 3(a) or 3(b) of this
3734-chapter (as in effect at the time of the calculation), whichever
3735-SEA 1 — Concur 88
3736-applies to the township.
3737-If the amount determined under this subsection is substantially lower
3738-than the township's normal expenditure patterns for fire protection and
3739-emergency services (excluding the expenditures for the purchase of
3740-firefighting apparatus or equipment or housing), the township may
3741-appeal to the local government tax control board for an increase in its
3742-1990 maximum permissible levy for its township firefighting fund. In
3743-considering the appeal, the local government tax control board shall
3744-consider other sources of revenue used by the township during calendar
3745-year 1989 to fund fire protection and emergency services that are also
3746-available for such funding in 1990 and thereafter and the board shall
3747-also consider any other relevant factors.
3748-(c) If for calendar year 1989:
3749-(1) a township had a township firefighting fund under
3750-IC 36-8-13-4 but did not have an ad valorem property tax levy for
3751-that fund; or
3752-(2) a township did not have a township firefighting fund and
3753-appropriated no money for fire protection or emergency services;
3754-the township's maximum permissible ad valorem property tax levy for
3755-its township firefighting fund shall be determined under section 7 of
3756-this chapter in the calendar year in which the township first establishes
3757-such a levy.
3758-SECTION 64. IC 6-1.1-18.5-25, AS AMENDED BY P.L.236-2023,
3759-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3760-JULY 1, 2025]: Sec. 25. (a) The ad valorem property tax levy limits
3761-imposed under section 3 of this chapter do not apply to a municipality
3762-in a year if all the following apply:
3763-(1) The percentage growth in the municipality's assessed value for
3764-the preceding year compared to the year before the preceding year
3765-is at least two (2) times the maximum levy growth quotient
3766-determined under section 2 of this chapter for the preceding year.
3767-(2) The municipality's population increased by at least one
3768-hundred fifty percent (150%) between the last two (2) decennial
3769-censuses. The computation of an increase of one hundred fifty
3770-percent (150%) under this subdivision shall be determined
3771-according to the last STEP of the following STEPS:
3772-STEP ONE: Determine the municipality's population as
3773-tabulated following the first decennial census.
3774-STEP TWO: Determine the municipality's population as
3775-tabulated following the second decennial census.
3776-STEP THREE: Multiply the amount determined under STEP
3777-ONE by a factor of two and five-tenths (2.5).
3778-SEA 1 — Concur 89
3779-STEP FOUR: Determine whether the population determined
3780-under STEP TWO is greater than or equal to the STEP THREE
3781-product.
3782-(b) A municipality that meets all the requirements under subsection
3783-(a) may increase its ad valorem property tax levy in excess of the limits
3784-imposed under section 3 of this chapter by a percentage equal to the
3785-lesser of:
3786-(1) the percentage growth in the municipality's assessed value for
3787-the preceding year compared to the year before the preceding
3788-year; or
3789-(2) six percent (6%).
3790-(c) A municipality's maximum levy growth that results from either
3791-annexation or the pass through of assessed value from a tax increment
3792-financing district may not be included for the purposes of determining
3793-a municipality's maximum levy growth under this section.
3794-(d) This section applies to property tax levies imposed after
3795-December 31, 2016, and before January 1, 2026.
3796-(e) This section expires December 31, 2026.
3797-SECTION 65. IC 6-1.1-20-1.1, AS AMENDED BY P.L.136-2024,
3798-SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3799-JULY 1, 2025]: Sec. 1.1. (a) As used in this chapter, "controlled
3800-project" means any project financed by bonds or a lease, except for the
3801-following:
3802-(1) A project for which the political subdivision reasonably
3803-expects to pay:
3804-(A) debt service; or
3805-(B) lease rentals;
3806-from funds other than property taxes that are exempt from the
3807-levy limitations of IC 6-1.1-18.5 or (before January 1, 2009)
3808-IC 20-45-3. A project is not a controlled project even though the
3809-political subdivision has pledged to levy property taxes to pay the
3810-debt service or lease rentals if those other funds are insufficient.
3811-(2) Subject to subsection (b), a project that will not cost the
3812-political subdivision more than the lesser of the following:
3813-(A) An amount equal to the following:
3814-(i) In the case of an ordinance or resolution adopted before
3815-January 1, 2018, making a preliminary determination to
3816-issue bonds or enter into a lease for the project, two million
3817-dollars ($2,000,000).
3818-(ii) In the case of an ordinance or resolution adopted after
3819-December 31, 2017, and before January 1, 2019, making a
3820-preliminary determination to issue bonds or enter into a
3821-SEA 1 — Concur 90
3822-lease for the project, five million dollars ($5,000,000).
3823-(iii) In the case of an ordinance or resolution adopted in a
3824-calendar year after December 31, 2018, making a
3825-preliminary determination to issue bonds or enter into a
3826-lease for the project, an amount (as determined by the
3827-department of local government finance) equal to the result
3828-of the maximum levy growth quotient determined under
3829-IC 6-1.1-18.5-2 for the year multiplied by the amount
3830-determined under this clause for the preceding calendar
3831-year.
3832-The department of local government finance shall publish the
3833-threshold determined under item (iii) in the Indiana Register
3834-under IC 4-22-7-7 not more than sixty (60) days after the date
3835-the budget agency releases the maximum levy growth quotient
3836-for the ensuing year under IC 6-1.1-18.5-2.
3837-(B) An amount equal to the following:
3838-(i) One percent (1%) of the total gross assessed value of
3839-property within the political subdivision on the last
3840-assessment date, if that total gross assessed value is more
3841-than one hundred million dollars ($100,000,000).
3842-(ii) One million dollars ($1,000,000), if the total gross
3843-assessed value of property within the political subdivision
3844-on the last assessment date is not more than one hundred
3845-million dollars ($100,000,000).
3846-(3) A project that is being refinanced for the purpose of providing
3847-gross or net present value savings to taxpayers.
3848-(4) A project for which bonds were issued or leases were entered
3849-into before January 1, 1996, or where the state board of tax
3850-commissioners has approved the issuance of bonds or the
3851-execution of leases before January 1, 1996.
3852-(5) A project that:
3853-(A) is required by a court order holding that a federal law
3854-mandates the project; or
3855-(B) is in response to a court order holding that:
3856-(i) a federal law has been violated; and
3857-(ii) the project is to address the deficiency or violation.
3858-(6) A project that is in response to:
3859-(A) a natural disaster;
3860-(B) an accident; or
3861-(C) an emergency;
3862-in the political subdivision that makes a building or facility
3863-unavailable for its intended use.
3864-SEA 1 — Concur 91
3865-(7) A project that was not a controlled project under this section
3866-as in effect on June 30, 2008, and for which:
3867-(A) the bonds or lease for the project were issued or entered
3868-into before July 1, 2008; or
3869-(B) the issuance of the bonds or the execution of the lease for
3870-the project was approved by the department of local
3871-government finance before July 1, 2008.
3872-(8) A project of the Little Calumet River basin development
3873-commission for which bonds are payable from special
3874-assessments collected under IC 14-13-2-18.6.
3875-(9) A project for engineering, land and right-of-way acquisition,
3876-construction, resurfacing, maintenance, restoration, and
3877-rehabilitation exclusively for or of:
3878-(A) local road and street systems, including bridges that are
3879-designated as being in a local road and street system;
3880-(B) arterial road and street systems, including bridges that are
3881-designated as being in an arterial road and street system; or
3882-(C) any combination of local and arterial road and street
3883-systems, including designated bridges.
3884-(b) This subsection does not apply to a project for which a public
3885-hearing to issue bonds or enter into a lease has been conducted under
3886-IC 20-26-7-37 before July 1, 2023, or to a project for which an
3887-ordinance or resolution making a preliminary determination to
3888-issue bonds or enter into a lease is adopted after June 30, 2025. If:
3889-(1) a political subdivision's total debt service tax rate is more than
3890-forty cents ($0.40) per one hundred dollars ($100) of assessed
3891-value; and
3892-(2) subsection (a)(1) and subsection (a)(3) through (a)(9) are not
3893-applicable;
3894-the term includes any project to be financed by bonds or a lease,
3895-including a project that does not otherwise meet the threshold amount
3896-provided in subsection (a)(2). This subsection expires December 31,
3897-2025. For purposes of this subsection, a political subdivision's total
3898-debt service tax rate does not include a tax rate imposed in a
3899-referendum debt service tax levy approved by voters.
3900-(c) This subsection applies to a project for which an ordinance
3901-or resolution making a preliminary determination to issue bonds
3902-or enter into a lease is adopted after June 30, 2025. If subsection
3903-(a)(1) and subsection (a)(3) through (a)(9) are not applicable, the
3904-term includes any project to be financed by bonds or a lease,
3905-including a project that does not otherwise meet the threshold
3906-amount provided in subsection (a)(2), if:
3907-SEA 1 — Concur 92
3908-(1) in the case of a school corporation, the school
3909-corporation's total debt service tax rate is more than forty
3910-cents ($0.40) per one hundred dollars ($100) of assessed value;
3911-(2) in the case of a city, county, or town, the city's, county's, or
3912-town's total debt service tax rate is more than twenty-five
3913-cents ($0.25) per one hundred dollars ($100) of assessed value;
3914-or
3915-(3) in the case of a political subdivision not described in
3916-subdivision (1) or (2), the political subdivision's total debt
3917-service tax rate is more than five cents ($0.05) per one
3918-hundred dollars ($100) of assessed value.
3919-However, this subsection does not apply to a project for which a
3920-public hearing to issue bonds or enter into a lease has been
3921-conducted under IC 20-26-7-37 before July 1, 2025. For purposes
3922-of this subsection, a political subdivision's total debt service tax
3923-rate does not include a tax rate imposed in a referendum debt
3924-service tax levy approved by voters.
3925-SECTION 66. IC 6-1.1-20-3.1, AS AMENDED BY P.L.136-2024,
3926-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3927-JULY 1, 2025]: Sec. 3.1. (a) Subject to section 3.5(a)(1)(C) of this
3928-chapter, this section applies only to the following:
3929-(1) A controlled project (as defined in section 1.1 of this chapter
3930-as in effect June 30, 2008) for which the proper officers of a
3931-political subdivision make a preliminary determination in the
3932-manner described in subsection (b) before July 1, 2008.
3933-(2) An elementary school building, middle school building, high
3934-school building, or other school building for academic instruction
3935-that:
3936-(A) is a controlled project;
3937-(B) will be used for any combination of kindergarten through
3938-grade 12; and
3939-(C) will not cost more than the lesser of the following:
3940-(i) The threshold amount determined under this item. In the
3941-case of an ordinance or resolution adopted before January 1,
3942-2018, making a preliminary determination to issue bonds or
3943-enter into a lease for the project, the threshold amount is ten
3944-million dollars ($10,000,000). In the case of an ordinance or
3945-resolution adopted after December 31, 2017, and before
3946-January 1, 2019, making a preliminary determination to
3947-issue bonds or enter into a lease for the project, the threshold
3948-amount is fifteen million dollars ($15,000,000). In the case
3949-of an ordinance or resolution adopted in a calendar year after
3950-SEA 1 — Concur 93
3951-December 31, 2018, making a preliminary determination to
3952-issue bonds or enter into a lease for the project, the threshold
3953-amount is an amount (as determined by the department of
3954-local government finance) equal to the result of the
3955-maximum levy growth quotient determined under
3956-IC 6-1.1-18.5-2 for the year multiplied by the threshold
3957-amount determined under this item for the preceding
3958-calendar year. In the case of a threshold amount determined
3959-under this item that applies for a calendar year after
3960-December 31, 2018, the department of local government
3961-finance shall publish the threshold in the Indiana Register
3962-under IC 4-22-7-7 not more than sixty (60) days after the
3963-date the budget agency releases the maximum levy growth
3964-quotient for the ensuing year under IC 6-1.1-18.5-2.
3965-(ii) An amount equal to one percent (1%) of the total gross
3966-assessed value of property within the political subdivision
3967-on the last assessment date, if that total gross assessed value
3968-is more than one billion dollars ($1,000,000,000), or ten
3969-million dollars ($10,000,000), if the total gross assessed
3970-value of property within the political subdivision on the last
3971-assessment date is not more than one billion dollars
3972-($1,000,000,000).
3973-(3) Any other controlled project that:
3974-(A) is not a controlled project described in subdivision (1) or
3975-(2); and
3976-(B) will not cost the political subdivision more than the lesser
3977-of the following:
3978-(i) The threshold amount determined under this item. In the
3979-case of an ordinance or resolution adopted before January 1,
3980-2018, making a preliminary determination to issue bonds or
3981-enter into a lease for the project, the threshold amount is
3982-twelve million dollars ($12,000,000). In the case of an
3983-ordinance or resolution adopted after December 31, 2017,
3984-and before January 1, 2019, making a preliminary
3985-determination to issue bonds or enter into a lease for the
3986-project, the threshold amount is fifteen million dollars
3987-($15,000,000). In the case of an ordinance or resolution
3988-adopted in a calendar year after December 31, 2018, making
3989-a preliminary determination to issue bonds or enter into a
3990-lease for the project, the threshold amount is an amount (as
3991-determined by the department of local government finance)
3992-equal to the result of the maximum levy growth quotient
3993-SEA 1 — Concur 94
3994-determined under IC 6-1.1-18.5-2 for the year multiplied by
3995-the threshold amount determined under this item for the
3996-preceding calendar year. In the case of a threshold amount
3997-determined under this item that applies for a calendar year
3998-after December 31, 2018, the department of local
3999-government finance shall publish the threshold in the
4000-Indiana Register under IC 4-22-7-7 not more than sixty (60)
4001-days after the date the budget agency releases the maximum
4002-levy growth quotient for the ensuing year under
4003-IC 6-1.1-18.5-2.
4004-(ii) An amount equal to one percent (1%) of the total gross
4005-assessed value of property within the political subdivision
4006-on the last assessment date, if that total gross assessed value
4007-is more than one hundred million dollars ($100,000,000), or
4008-one million dollars ($1,000,000), if the total gross assessed
4009-value of property within the political subdivision on the last
4010-assessment date is not more than one hundred million
4011-dollars ($100,000,000).
4012-(4) A controlled project funded by debt service if the scope of the
4013-project changes from the purpose of the project initially
4014-advertised to taxpayers as determined under section 4.2(c) of this
4015-chapter.
4016-(5) This subdivision does not apply to a project for which a public
4017-hearing to issue bonds or enter into a lease has been conducted
4018-under IC 20-26-7-37 before July 1, 2023, or to a project for
4019-which an ordinance or resolution making a preliminary
4020-determination to issue bonds or enter into a lease is adopted
4021-after June 30, 2025. Any other controlled project if both of the
4022-following apply:
4023-(A) The political subdivision's total debt service tax rate is
4024-more than forty cents ($0.40) per one hundred dollars ($100)
4025-of assessed value, but less than eighty cents ($0.80) per one
4026-hundred dollars ($100) of assessed value.
4027-(B) The controlled project is not otherwise described in section
4028-3.5(a)(1) of this chapter.
4029-This subdivision expires December 31, 2025. For purposes of this
4030-subdivision, a political subdivision's total debt service tax rate
4031-does not include a tax rate imposed in a referendum debt service
4032-levy approved by voters.
4033-(6) Any other controlled project if the following apply:
4034-(A) An ordinance or resolution making a preliminary
4035-determination to issue bonds or enter into a lease for the
4036-SEA 1 — Concur 95
4037-project is adopted after June 30, 2025.
4038-(B) The controlled project is not otherwise described in
4039-section 3.5(a)(1) of this chapter.
4040-(C) In the case of a:
4041-(i) school corporation, the school corporation's total debt
4042-service tax rate is more than forty cents ($0.40) per one
4043-hundred dollars ($100) of assessed value, but not more
4044-than seventy cents ($0.70) per one hundred dollars
4045-($100) of assessed value;
4046-(ii) city, county, or town, the city's, county's, or town's
4047-total debt service tax rate is more than twenty-five cents
4048-($0.25) per one hundred dollars ($100) of assessed value,
4049-but not more than forty cents ($0.40) per one hundred
4050-dollars ($100) of assessed value; or
4051-(iii) political subdivision not described in item (i) or (ii),
4052-the political subdivision's total debt service tax rate is
4053-more than five cents ($0.05) per one hundred dollars
4054-($100) of assessed value, but not more than ten cents
4055-($0.10) per one hundred dollars ($100) of assessed value.
4056-However, this subdivision does not apply to a project for
4057-which a public hearing to issue bonds or enter into a lease has
4058-been conducted under IC 20-26-7-37 before July 1, 2025. For
4059-purposes of this subdivision, a political subdivision's total debt
4060-service tax rate does not include a tax rate imposed in a
4061-referendum debt service tax levy approved by voters.
4062-(b) A political subdivision may not impose property taxes to pay
4063-debt service on bonds or lease rentals on a lease for a controlled project
4064-without completing the following procedures:
4065-(1) The proper officers of a political subdivision shall publish
4066-notice in accordance with IC 5-3-1 and send notice by first class
4067-mail to the circuit court clerk and to any organization that delivers
4068-to the officers, before January 1 of that year, an annual written
4069-request for such notices of any meeting to consider adoption of a
4070-resolution or an ordinance making a preliminary determination to
4071-issue bonds or enter into a lease and shall conduct at least two (2)
4072-public hearings on a preliminary determination before adoption
4073-of the resolution or ordinance. The political subdivision must at
4074-each of the public hearings on the preliminary determination
4075-allow the public to testify regarding the preliminary determination
4076-and must make the following information available to the public
4077-at each of the public hearings on the preliminary determination,
4078-in addition to any other information required by law:
4079-SEA 1 — Concur 96
4080-(A) The result of the political subdivision's current and
4081-projected annual debt service payments divided by the net
4082-assessed value of taxable property within the political
4083-subdivision.
4084-(B) The result of:
4085-(i) the sum of the political subdivision's outstanding long
4086-term debt plus the outstanding long term debt of other taxing
4087-units that include any of the territory of the political
4088-subdivision; divided by
4089-(ii) the net assessed value of taxable property within the
4090-political subdivision.
4091-(C) The information specified in subdivision (3)(A) through
4092-(3)(H).
4093-(2) When the proper officers of a political subdivision make a
4094-preliminary determination to issue bonds or enter into a lease for
4095-a controlled project, the officers shall give notice of the
4096-preliminary determination by:
4097-(A) publication in accordance with IC 5-3-1; and
4098-(B) first class mail to the circuit court clerk and to the
4099-organizations described in subdivision (1).
4100-(3) A notice under subdivision (2) of the preliminary
4101-determination of the political subdivision to issue bonds or enter
4102-into a lease for a controlled project must include the following
4103-information:
4104-(A) The maximum term of the bonds or lease.
4105-(B) The maximum principal amount of the bonds or the
4106-maximum lease rental for the lease.
4107-(C) The estimated interest rates that will be paid and the total
4108-interest costs associated with the bonds or lease.
4109-(D) The purpose of the bonds or lease.
4110-(E) A statement that any owners of property within the
4111-political subdivision or registered voters residing within the
4112-political subdivision who want to initiate a petition and
4113-remonstrance process against the proposed debt service or
4114-lease payments must file a petition that complies with
4115-subdivisions (4) and (5) not later than thirty (30) days after
4116-publication in accordance with IC 5-3-1.
4117-(F) With respect to bonds issued or a lease entered into to
4118-open:
4119-(i) a new school facility; or
4120-(ii) an existing facility that has not been used for at least
4121-three (3) years and that is being reopened to provide
4122-SEA 1 — Concur 97
4123-additional classroom space;
4124-the estimated costs the school corporation expects to incur
4125-annually to operate the facility.
4126-(G) A statement of whether the school corporation expects to
4127-appeal for a new facility adjustment (as defined in
4128-IC 20-45-1-16 (repealed) before January 1, 2009) for an
4129-increased maximum permissible tuition support levy to pay the
4130-estimated costs described in clause (F).
4131-(H) The following information:
4132-(i) The political subdivision's current debt service levy and
4133-rate.
4134-(ii) The estimated increase to the political subdivision's debt
4135-service levy and rate that will result if the political
4136-subdivision issues the bonds or enters into the lease.
4137-(iii) The estimated amount of the political subdivision's debt
4138-service levy and rate that will result during the following ten
4139-(10) years if the political subdivision issues the bonds or
4140-enters into the lease, after also considering any changes that
4141-will occur to the debt service levy and rate during that
4142-period on account of any outstanding bonds or lease
4143-obligations that will mature or terminate during that period.
4144-(I) The information specified in subdivision (1)(A) through
4145-(1)(B).
4146-(4) After notice is given, a petition requesting the application of
4147-a petition and remonstrance process may be filed by the lesser of:
4148-(A) five hundred (500) persons who are either owners of
4149-property within the political subdivision or registered voters
4150-residing within the political subdivision; or
4151-(B) five percent (5%) of the registered voters residing within
4152-the political subdivision.
4153-(5) The state board of accounts shall design and, upon request by
4154-the county voter registration office, deliver to the county voter
4155-registration office or the county voter registration office's
4156-designated printer the petition forms to be used solely in the
4157-petition process described in this section. The county voter
4158-registration office shall issue to an owner or owners of property
4159-within the political subdivision or a registered voter residing
4160-within the political subdivision the number of petition forms
4161-requested by the owner or owners or the registered voter. Each
4162-form must be accompanied by instructions detailing the
4163-requirements that:
4164-(A) the carrier and signers must be owners of property or
4165-SEA 1 — Concur 98
4166-registered voters;
4167-(B) the carrier must be a signatory on at least one (1) petition;
4168-(C) after the signatures have been collected, the carrier must
4169-swear or affirm before a notary public that the carrier
4170-witnessed each signature; and
4171-(D) govern the closing date for the petition period.
4172-Persons requesting forms may be required to identify themselves
4173-as owners of property or registered voters and may be allowed to
4174-pick up additional copies to distribute to other owners of property
4175-or registered voters. Each person signing a petition must indicate
4176-whether the person is signing the petition as a registered voter
4177-within the political subdivision or is signing the petition as the
4178-owner of property within the political subdivision. A person who
4179-signs a petition as a registered voter must indicate the address at
4180-which the person is registered to vote. A person who signs a
4181-petition as an owner of property must indicate the address of the
4182-property owned by the person in the political subdivision.
4183-(6) Each petition must be verified under oath by at least one (1)
4184-qualified petitioner in a manner prescribed by the state board of
4185-accounts before the petition is filed with the county voter
4186-registration office under subdivision (7).
4187-(7) Each petition must be filed with the county voter registration
4188-office not more than thirty (30) days after publication under
4189-subdivision (2) of the notice of the preliminary determination.
4190-(8) The county voter registration office shall determine whether
4191-each person who signed the petition is a registered voter.
4192-However, after the county voter registration office has determined
4193-that at least five hundred twenty-five (525) persons who signed
4194-the petition are registered voters within the political subdivision,
4195-the county voter registration office is not required to verify
4196-whether the remaining persons who signed the petition are
4197-registered voters. If the county voter registration office does not
4198-determine that at least five hundred twenty-five (525) persons
4199-who signed the petition are registered voters, the county voter
4200-registration office shall, not more than fifteen (15) business days
4201-after receiving a petition, forward a copy of the petition to the
4202-county auditor. Not more than ten (10) business days after
4203-receiving the copy of the petition, the county auditor shall provide
4204-to the county voter registration office a statement verifying:
4205-(A) whether a person who signed the petition as a registered
4206-voter but is not a registered voter, as determined by the county
4207-voter registration office, is the owner of property in the
4208-SEA 1 — Concur 99
4209-political subdivision; and
4210-(B) whether a person who signed the petition as an owner of
4211-property within the political subdivision does in fact own
4212-property within the political subdivision.
4213-(9) The county voter registration office, not more than ten (10)
4214-business days after determining that at least five hundred
4215-twenty-five (525) persons who signed the petition are registered
4216-voters or receiving the statement from the county auditor under
4217-subdivision (8), as applicable, shall make the final determination
4218-of the number of petitioners that are registered voters in the
4219-political subdivision and, based on the statement provided by the
4220-county auditor, the number of petitioners that own property within
4221-the political subdivision. Whenever the name of an individual
4222-who signs a petition form as a registered voter contains a minor
4223-variation from the name of the registered voter as set forth in the
4224-records of the county voter registration office, the signature is
4225-presumed to be valid, and there is a presumption that the
4226-individual is entitled to sign the petition under this section. Except
4227-as otherwise provided in this chapter, in determining whether an
4228-individual is a registered voter, the county voter registration office
4229-shall apply the requirements and procedures used under IC 3 to
4230-determine whether a person is a registered voter for purposes of
4231-voting in an election governed by IC 3. However, an individual is
4232-not required to comply with the provisions concerning providing
4233-proof of identification to be considered a registered voter for
4234-purposes of this chapter. A person is entitled to sign a petition
4235-only one (1) time in a particular petition and remonstrance
4236-process under this chapter, regardless of whether the person owns
4237-more than one (1) parcel of real property, mobile home assessed
4238-as personal property, or manufactured home assessed as personal
4239-property, or a combination of those types of property within the
4240-subdivision and regardless of whether the person is both a
4241-registered voter in the political subdivision and the owner of
4242-property within the political subdivision. Notwithstanding any
4243-other provision of this section, if a petition is presented to the
4244-county voter registration office within forty-five (45) days before
4245-an election, the county voter registration office may defer acting
4246-on the petition, and the time requirements under this section for
4247-action by the county voter registration office do not begin to run
4248-until five (5) days after the date of the election.
4249-(10) The county voter registration office must file a certificate and
4250-each petition with:
4251-SEA 1 — Concur 100
4252-(A) the township trustee, if the political subdivision is a
4253-township, who shall present the petition or petitions to the
4254-township board; or
4255-(B) the body that has the authority to authorize the issuance of
4256-the bonds or the execution of a lease, if the political
4257-subdivision is not a township;
4258-within thirty-five (35) business days of the filing of the petition
4259-requesting a petition and remonstrance process. The certificate
4260-must state the number of petitioners that are owners of property
4261-within the political subdivision and the number of petitioners who
4262-are registered voters residing within the political subdivision.
4263-If a sufficient petition requesting a petition and remonstrance process
4264-is not filed by owners of property or registered voters as set forth in this
4265-section, the political subdivision may issue bonds or enter into a lease
4266-by following the provisions of law relating to the bonds to be issued or
4267-lease to be entered into.
4268-(c) A political subdivision may not divide a controlled project in
4269-order to avoid the requirements of this section and section 3.2 of this
4270-chapter. A person that owns property within a political subdivision or
4271-a person that is a registered voter residing within a political subdivision
4272-may file a petition with the department of local government finance
4273-objecting that the political subdivision has divided a controlled project
4274-in order to avoid the requirements of this section and section 3.2 of this
4275-chapter. The petition must be filed not more than ten (10) days after the
4276-political subdivision gives notice of the political subdivision's decision
4277-to issue bonds or enter into leases for a capital project that the person
4278-believes is the result of a division of a controlled project that is
4279-prohibited by this subsection. If the department of local government
4280-finance receives a petition under this subsection, the department shall
4281-not later than thirty (30) days after receiving the petition make a final
4282-determination on the issue of whether the political subdivision divided
4283-a controlled project in order to avoid the requirements of this section
4284-and section 3.2 of this chapter. If the department of local government
4285-finance determines that a political subdivision divided a controlled
4286-project in order to avoid the requirements of this section and section
4287-3.2 of this chapter and the political subdivision continues to desire to
4288-proceed with the project, the political subdivision shall fulfill the
4289-requirements of this section and section 3.2 of this chapter, if
4290-applicable, regardless of the cost of the project in dispute. A political
4291-subdivision shall be considered to have divided a capital project in
4292-order to avoid the requirements of this section and section 3.2 of this
4293-chapter if the result of one (1) or more of the subprojects cannot
4294-SEA 1 — Concur 101
4295-reasonably be considered an independently desirable end in itself
4296-without reference to another capital project. This subsection does not
4297-prohibit a political subdivision from undertaking a series of capital
4298-projects in which the result of each capital project can reasonably be
4299-considered an independently desirable end in itself without reference
4300-to another capital project.
4301-SECTION 67. IC 6-1.1-20-3.5, AS AMENDED BY P.L.136-2024,
4302-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4303-JULY 1, 2025]: Sec. 3.5. (a) This section applies only to a controlled
4304-project that meets the following conditions:
4305-(1) The controlled project is described in one (1) of the following
4306-categories:
4307-(A) An elementary school building, middle school building,
4308-high school building, or other school building for academic
4309-instruction that will be used for any combination of
4310-kindergarten through grade 12 and will cost more than the
4311-lesser of the following:
4312-(i) The threshold amount determined under this item. In the
4313-case of an ordinance or resolution adopted before January 1,
4314-2018, making a preliminary determination to issue bonds or
4315-enter into a lease for the project, the threshold amount is ten
4316-million dollars ($10,000,000). In the case of an ordinance or
4317-resolution adopted after December 31, 2017, and before
4318-January 1, 2019, making a preliminary determination to
4319-issue bonds or enter into a lease for the project, the threshold
4320-amount is fifteen million dollars ($15,000,000). In the case
4321-of an ordinance or resolution adopted in a calendar year after
4322-December 31, 2018, making a preliminary determination to
4323-issue bonds or enter into a lease for the project, the threshold
4324-amount is an amount (as determined by the department of
4325-local government finance) equal to the result of the
4326-maximum levy growth quotient determined under
4327-IC 6-1.1-18.5-2 for the year multiplied by the threshold
4328-amount determined under this item for the preceding
4329-calendar year. In the case of a threshold amount determined
4330-under this item that applies for a calendar year after
4331-December 31, 2018, the department of local government
4332-finance shall publish the threshold in the Indiana Register
4333-under IC 4-22-7-7 not more than sixty (60) days after the
4334-date the budget agency releases the maximum levy growth
4335-quotient for the ensuing year under IC 6-1.1-18.5-2.
4336-(ii) An amount equal to one percent (1%) of the total gross
4337-SEA 1 — Concur 102
4338-assessed value of property within the political subdivision
4339-on the last assessment date, if that total gross assessed value
4340-is more than one billion dollars ($1,000,000,000), or ten
4341-million dollars ($10,000,000), if the total gross assessed
4342-value of property within the political subdivision on the last
4343-assessment date is not more than one billion dollars
4344-($1,000,000,000).
4345-(B) Any other controlled project that is not a controlled project
4346-described in clause (A) and will cost the political subdivision
4347-more than the lesser of the following:
4348-(i) The threshold amount determined under this item. In the
4349-case of an ordinance or resolution adopted before January 1,
4350-2018, making a preliminary determination to issue bonds or
4351-enter into a lease for the project, the threshold amount is
4352-twelve million dollars ($12,000,000). In the case of an
4353-ordinance or resolution adopted after December 31, 2017,
4354-and before January 1, 2019, making a preliminary
4355-determination to issue bonds or enter into a lease for the
4356-project, the threshold amount is fifteen million dollars
4357-($15,000,000). In the case of an ordinance or resolution
4358-adopted in a calendar year after December 31, 2018, making
4359-a preliminary determination to issue bonds or enter into a
4360-lease for the project, the threshold amount is an amount (as
4361-determined by the department of local government finance)
4362-equal to the result of the maximum levy growth quotient
4363-determined under IC 6-1.1-18.5-2 for the year multiplied by
4364-the threshold amount determined under this item for the
4365-preceding calendar year. In the case of a threshold amount
4366-determined under this item that applies for a calendar year
4367-after December 31, 2018, the department of local
4368-government finance shall publish the threshold in the
4369-Indiana Register under IC 4-22-7-7 not more than sixty (60)
4370-days after the date the budget agency releases the maximum
4371-levy growth quotient for the ensuing year under
4372-IC 6-1.1-18.5-2.
4373-(ii) An amount equal to one percent (1%) of the total gross
4374-assessed value of property within the political subdivision
4375-on the last assessment date, if that total gross assessed value
4376-is more than one hundred million dollars ($100,000,000), or
4377-one million dollars ($1,000,000), if the total gross assessed
4378-value of property within the political subdivision on the last
4379-assessment date is not more than one hundred million
4380-SEA 1 — Concur 103
4381-dollars ($100,000,000).
4382-(C) Any other controlled project for which a political
4383-subdivision adopts an ordinance or resolution making a
4384-preliminary determination to issue bonds or enter into a lease
4385-for the project, if the sum of:
4386-(i) the cost of that controlled project; plus
4387-(ii) the costs of all other controlled projects for which the
4388-political subdivision has previously adopted within the
4389-preceding three hundred sixty-five (365) days an ordinance
4390-or resolution making a preliminary determination to issue
4391-bonds or enter into a lease for those other controlled
4392-projects;
4393-exceeds twenty-five million dollars ($25,000,000).
4394-(D) A controlled project funded by debt service if the scope of
4395-the project changes from the purpose of the project initially
4396-advertised to taxpayers as determined under section 4.3(c) of
4397-this chapter.
4398-(E) This clause does not apply to a project for which a public
4399-hearing to issue bonds or enter into a lease has been conducted
4400-under IC 20-26-7-37 before July 1, 2023, or to a project for
4401-which an ordinance or resolution making a preliminary
4402-determination to issue bonds or enter into a lease is
4403-adopted after June 30, 2025. Except as provided in section
4404-4.5 of this chapter, any other controlled project if the political
4405-subdivision's total debt service tax rate is at least eighty cents
4406-($0.80) per one hundred dollars ($100) of assessed value. This
4407-clause expires December 31, 2025. For purposes of this clause,
4408-a political subdivision's total debt service tax rate does not
4409-include a tax rate imposed in a referendum debt service tax
4410-levy approved by voters.
4411-(F) Except as provided in section 4.5 of this chapter, any
4412-other project for which an ordinance or resolution making
4413-a preliminary determination to issue bonds or enter into a
4414-lease is adopted after June 30, 2025, if:
4415-(i) in the case of a school corporation, the school
4416-corporation's total debt service tax rate is more than
4417-seventy cents ($0.70) per one hundred dollars ($100) of
4418-assessed value;
4419-(ii) in the case of a city, county, or town, the city's,
4420-county's, or town's total debt service tax rate is more
4421-than forty cents ($0.40) per one hundred dollars ($100)
4422-of assessed value; or
4423-SEA 1 — Concur 104
4424-(iii) in the case of a political subdivision not described in
4425-item (i) or (ii), the political subdivision's total debt
4426-service tax rate is more than ten cents ($0.10) per one
4427-hundred dollars ($100) of assessed value.
4428-However, this clause does not apply to a project for which
4429-a public hearing to issue bonds or enter into a lease has
4430-been conducted under IC 20-26-7-37 before July 1, 2025.
4431-For purposes of this clause, a political subdivision's total
4432-debt service tax rate does not include a tax rate imposed in
4433-a referendum debt service tax levy approved by voters.
4434-(2) The proper officers of the political subdivision make a
4435-preliminary determination after June 30, 2008, in the manner
4436-described in subsection (b) to issue bonds or enter into a lease for
4437-the controlled project.
4438-(b) Subject to subsection (d), a political subdivision may not impose
4439-property taxes to pay debt service on bonds or lease rentals on a lease
4440-for a controlled project without completing the following procedures:
4441-(1) The proper officers of a political subdivision shall publish
4442-notice in accordance with IC 5-3-1 and send notice by first class
4443-mail to the circuit court clerk and to any organization that delivers
4444-to the officers, before January 1 of that year, an annual written
4445-request for notices of any meeting to consider the adoption of an
4446-ordinance or a resolution making a preliminary determination to
4447-issue bonds or enter into a lease and shall conduct at least two (2)
4448-public hearings on the preliminary determination before adoption
4449-of the ordinance or resolution. The political subdivision must at
4450-each of the public hearings on the preliminary determination
4451-allow the public to testify regarding the preliminary determination
4452-and must make the following information available to the public
4453-at each of the public hearings on the preliminary determination,
4454-in addition to any other information required by law:
4455-(A) The result of the political subdivision's current and
4456-projected annual debt service payments divided by the net
4457-assessed value of taxable property within the political
4458-subdivision.
4459-(B) The result of:
4460-(i) the sum of the political subdivision's outstanding long
4461-term debt plus the outstanding long term debt of other taxing
4462-units that include any of the territory of the political
4463-subdivision; divided by
4464-(ii) the net assessed value of taxable property within the
4465-political subdivision.
4466-SEA 1 — Concur 105
4467-(C) The information specified in subdivision (3)(A) through
4468-(3)(G).
4469-(2) If the proper officers of a political subdivision make a
4470-preliminary determination to issue bonds or enter into a lease, the
4471-officers shall give notice of the preliminary determination by:
4472-(A) publication in accordance with IC 5-3-1; and
4473-(B) first class mail to the circuit court clerk and to the
4474-organizations described in subdivision (1).
4475-(3) A notice under subdivision (2) of the preliminary
4476-determination of the political subdivision to issue bonds or enter
4477-into a lease must include the following information:
4478-(A) The maximum term of the bonds or lease.
4479-(B) The maximum principal amount of the bonds or the
4480-maximum lease rental for the lease.
4481-(C) The estimated interest rates that will be paid and the total
4482-interest costs associated with the bonds or lease.
4483-(D) The purpose of the bonds or lease.
4484-(E) A statement that the proposed debt service or lease
4485-payments must be approved in an election on a local public
4486-question held under section 3.6 of this chapter.
4487-(F) With respect to bonds issued or a lease entered into to
4488-open:
4489-(i) a new school facility; or
4490-(ii) an existing facility that has not been used for at least
4491-three (3) years and that is being reopened to provide
4492-additional classroom space;
4493-the estimated costs the school corporation expects to annually
4494-incur to operate the facility.
4495-(G) The following information:
4496-(i) The political subdivision's current debt service levy and
4497-rate.
4498-(ii) The estimated increase to the political subdivision's debt
4499-service levy and rate that will result if the political
4500-subdivision issues the bonds or enters into the lease.
4501-(iii) The estimated amount of the political subdivision's debt
4502-service levy and rate that will result during the following ten
4503-(10) years if the political subdivision issues the bonds or
4504-enters into the lease, after also considering any changes that
4505-will occur to the debt service levy and rate during that
4506-period on account of any outstanding bonds or lease
4507-obligations that will mature or terminate during that period.
4508-(H) The information specified in subdivision (1)(A) through
4509-SEA 1 — Concur 106
4510-(1)(B).
4511-(4) This subdivision does not apply to a controlled project
4512-described in subsection (a)(1)(E) (before its expiration) or
4513-subsection (a)(1)(F). After notice is given, a petition requesting
4514-the application of the local public question process under section
4515-3.6 of this chapter may be filed by the lesser of:
4516-(A) five hundred (500) persons who are either owners of
4517-property within the political subdivision or registered voters
4518-residing within the political subdivision; or
4519-(B) five percent (5%) of the registered voters residing within
4520-the political subdivision.
4521-(5) This subdivision does not apply to a controlled project
4522-described in subsection (a)(1)(E) (before its expiration) or
4523-subsection (a)(1)(F). The state board of accounts shall design
4524-and, upon request by the county voter registration office, deliver
4525-to the county voter registration office or the county voter
4526-registration office's designated printer the petition forms to be
4527-used solely in the petition process described in this section. The
4528-county voter registration office shall issue to an owner or owners
4529-of property within the political subdivision or a registered voter
4530-residing within the political subdivision the number of petition
4531-forms requested by the owner or owners or the registered voter.
4532-Each form must be accompanied by instructions detailing the
4533-requirements that:
4534-(A) the carrier and signers must be owners of property or
4535-registered voters;
4536-(B) the carrier must be a signatory on at least one (1) petition;
4537-(C) after the signatures have been collected, the carrier must
4538-swear or affirm before a notary public that the carrier
4539-witnessed each signature; and
4540-(D) govern the closing date for the petition period.
4541-Persons requesting forms may be required to identify themselves
4542-as owners of property or registered voters and may be allowed to
4543-pick up additional copies to distribute to other owners of property
4544-or registered voters. Each person signing a petition must indicate
4545-whether the person is signing the petition as a registered voter
4546-within the political subdivision or is signing the petition as the
4547-owner of property within the political subdivision. A person who
4548-signs a petition as a registered voter must indicate the address at
4549-which the person is registered to vote. A person who signs a
4550-petition as an owner of property must indicate the address of the
4551-property owned by the person in the political subdivision.
4552-SEA 1 — Concur 107
4553-(6) This subdivision does not apply to a controlled project
4554-described in subsection (a)(1)(E) (before its expiration) or
4555-subsection (a)(1)(F). Each petition must be verified under oath
4556-by at least one (1) qualified petitioner in a manner prescribed by
4557-the state board of accounts before the petition is filed with the
4558-county voter registration office under subdivision (7).
4559-(7) This subdivision does not apply to a controlled project
4560-described in subsection (a)(1)(E) (before its expiration) or
4561-subsection (a)(1)(F). Each petition must be filed with the county
4562-voter registration office not more than thirty (30) days after
4563-publication under subdivision (2) of the notice of the preliminary
4564-determination.
4565-(8) This subdivision does not apply to a controlled project
4566-described in subsection (a)(1)(E) (before its expiration) or
4567-subsection (a)(1)(F). The county voter registration office shall
4568-determine whether each person who signed the petition is a
4569-registered voter. However, after the county voter registration
4570-office has determined that at least five hundred twenty-five (525)
4571-persons who signed the petition are registered voters within the
4572-political subdivision, the county voter registration office is not
4573-required to verify whether the remaining persons who signed the
4574-petition are registered voters. If the county voter registration
4575-office does not determine that at least five hundred twenty-five
4576-(525) persons who signed the petition are registered voters, the
4577-county voter registration office, not more than fifteen (15)
4578-business days after receiving a petition, shall forward a copy of
4579-the petition to the county auditor. Not more than ten (10) business
4580-days after receiving the copy of the petition, the county auditor
4581-shall provide to the county voter registration office a statement
4582-verifying:
4583-(A) whether a person who signed the petition as a registered
4584-voter but is not a registered voter, as determined by the county
4585-voter registration office, is the owner of property in the
4586-political subdivision; and
4587-(B) whether a person who signed the petition as an owner of
4588-property within the political subdivision does in fact own
4589-property within the political subdivision.
4590-(9) This subdivision does not apply to a controlled project
4591-described in subsection (a)(1)(E) (before its expiration) or
4592-subsection (a)(1)(F). The county voter registration office, not
4593-more than ten (10) business days after determining that at least
4594-five hundred twenty-five (525) persons who signed the petition
4595-SEA 1 — Concur 108
4596-are registered voters or after receiving the statement from the
4597-county auditor under subdivision (8), as applicable, shall make
4598-the final determination of whether a sufficient number of persons
4599-have signed the petition. Whenever the name of an individual who
4600-signs a petition form as a registered voter contains a minor
4601-variation from the name of the registered voter as set forth in the
4602-records of the county voter registration office, the signature is
4603-presumed to be valid, and there is a presumption that the
4604-individual is entitled to sign the petition under this section. Except
4605-as otherwise provided in this chapter, in determining whether an
4606-individual is a registered voter, the county voter registration office
4607-shall apply the requirements and procedures used under IC 3 to
4608-determine whether a person is a registered voter for purposes of
4609-voting in an election governed by IC 3. However, an individual is
4610-not required to comply with the provisions concerning providing
4611-proof of identification to be considered a registered voter for
4612-purposes of this chapter. A person is entitled to sign a petition
4613-only one (1) time in a particular referendum process under this
4614-chapter, regardless of whether the person owns more than one (1)
4615-parcel of real property, mobile home assessed as personal
4616-property, or manufactured home assessed as personal property or
4617-a combination of those types of property within the political
4618-subdivision and regardless of whether the person is both a
4619-registered voter in the political subdivision and the owner of
4620-property within the political subdivision. Notwithstanding any
4621-other provision of this section, if a petition is presented to the
4622-county voter registration office within forty-five (45) days before
4623-an election, the county voter registration office may defer acting
4624-on the petition, and the time requirements under this section for
4625-action by the county voter registration office do not begin to run
4626-until five (5) days after the date of the election.
4627-(10) This subdivision does not apply to a controlled project
4628-described in subsection (a)(1)(E) (before its expiration) or
4629-subsection (a)(1)(F). The county voter registration office must
4630-file a certificate and each petition with:
4631-(A) the township trustee, if the political subdivision is a
4632-township, who shall present the petition or petitions to the
4633-township board; or
4634-(B) the body that has the authority to authorize the issuance of
4635-the bonds or the execution of a lease, if the political
4636-subdivision is not a township;
4637-within thirty-five (35) business days of the filing of the petition
4638-SEA 1 — Concur 109
4639-requesting the referendum process. The certificate must state the
4640-number of petitioners who are owners of property within the
4641-political subdivision and the number of petitioners who are
4642-registered voters residing within the political subdivision.
4643-(11) This subdivision does not apply to a controlled project
4644-described in subsection (a)(1)(E) (before its expiration) or
4645-subsection (a)(1)(F). If a sufficient petition requesting the local
4646-public question process is not filed by owners of property or
4647-registered voters as set forth in this section, the political
4648-subdivision may issue bonds or enter into a lease by following the
4649-provisions of law relating to the bonds to be issued or lease to be
4650-entered into.
4651-(c) If the proper officers of a political subdivision make a
4652-preliminary determination to issue bonds or enter into a lease, the
4653-officers shall provide to the county auditor:
4654-(1) a copy of the notice required by subsection (b)(2); and
4655-(2) any other information the county auditor requires to fulfill the
4656-county auditor's duties under section 3.6 of this chapter.
4657-(d) In addition to the procedures in subsection (b), if any capital
4658-improvement components addressed in the most recent:
4659-(1) threat assessment of the buildings within the school
4660-corporation; or
4661-(2) school safety plan (as described in IC 20-26-18.2-2(b));
4662-concerning a particular school have not been completed or require
4663-additional funding to be completed, before the school corporation may
4664-impose property taxes to pay debt service on bonds or lease rentals for
4665-a lease for a controlled project, and in addition to any other components
4666-of the controlled project, the controlled project must include any capital
4667-improvements necessary to complete those components described in
4668-subdivisions (1) and (2) that have not been completed or that require
4669-additional funding to be completed.
4670-(e) In addition to the other procedures in this section, an ordinance
4671-or resolution making a preliminary determination to issue bonds or
4672-enter into leases that is considered for adoption must include a
4673-statement of:
4674-(1) the maximum annual debt service for the controlled project for
4675-each year in which the debt service will be paid; and
4676-(2) the schedule of the estimated annual tax levy and rate over a
4677-ten (10) year period;
4678-factoring in changes that will occur to the debt service levy and tax rate
4679-during the period on account of any outstanding bonds or lease
4680-obligations that will mature or terminate during the period.
4681-SEA 1 — Concur 110
4682-SECTION 68. IC 6-1.1-20-3.6, AS AMENDED BY P.L.136-2024,
4683-SECTION 25, AND AS AMENDED BY P.L.156-2024, SECTION 17,
4684-AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
4685-OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
4686-AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
4687-Sec. 3.6. (a) Except as provided in sections 3.7 and 3.8 of this chapter,
4688-this section applies only to a controlled project described in section
4689-3.5(a) of this chapter.
4690-(b) In the case of a controlled project:
4691-(1) described in section 3.5(a)(1)(A) through 3.5(a)(1)(C) of this
4692-chapter, if a sufficient petition requesting the application of the
4693-local public question process has been filed as set forth in section
4694-3.5 of this chapter; or
4695-(2) described in section 3.5(a)(1)(D) 3.5(a)(1)(E) (before its
4696-expiration) or 3.5(a)(1)(F) of this chapter; (before its expiration);
4697-a political subdivision may not impose property taxes to pay debt
4698-service on bonds or lease rentals on a lease for a controlled project
4699-unless the political subdivision's proposed debt service or lease rental
4700-is approved in an election on a local public question held under this
4701-section.
4702-(c) Except as provided in subsection (k), the following question
4703-shall be submitted to the eligible voters at the election conducted under
4704-this section:
4705-"Shall ________ (insert the name of the political subdivision)
4706-increase property taxes paid to the _______ (insert the type of
4707-taxing unit) by homeowners and businesses? If this public
4708-question is approved by the voters, the average property tax paid
4709-to the _______ (insert the type of taxing unit) per year on a
4710-residence would increase by ______% (insert the estimated
4711-average percentage of property tax increase paid to the political
4712-subdivision on a residence within the political subdivision as
4713-determined under subsection (n)) and the average property tax
4714-paid to the _____ (insert the type of taxing unit) per year on a
4715-business property would increase by ______% (insert the
4716-estimated average percentage of property tax increase paid to the
4717-political subdivision on a business property within the political
4718-subdivision as determined under subsection (o)). The political
4719-subdivision may issue bonds or enter into a lease to ________
4720-(insert a brief description of the controlled project), which is
4721-estimated to cost _______ (insert the total cost of the project)
4722-over ______ (insert number of years to bond maturity or
4723-termination of lease) years. The most recent property tax
4724-SEA 1 — Concur 111
4725-referendum within the boundaries of the political subdivision for
4726-which this public question is being considered was proposed by
4727-________ (insert name of political subdivision) in ______ (insert
4728-year of most recent property tax referendum) and ________
4729-(insert whether the measure passed or failed).".
4730-"Shall ________ (insert the name of the political subdivision)
4731-increase property taxes paid to the _______ (insert the type of
4732-political subdivision) for no more than ______ (insert the
4733-number of years immediately following the holding of the
4734-referendum) years for the purpose of funding _______ (insert
4735-a brief description of the project use or purpose) for which the
4736-principal debt amount for the project will cost no more than
4737-______ (insert the total cost of the project principal amount)
4738-and the financing cost including interest and fees will cost no
4739-more than an additional ______ (insert the total financing
4740-costs including interest and fees) and is estimated to increase
4741-the property taxes paid to the ______ (insert the type of
4742-political subdivision) by imposing a property tax rate that
4743-results in a maximum annual amount that does not exceed
4744-______ (insert maximum amount of annual levy). If this
4745-capital referendum public question is approved by the voters,
4746-for a median residence of ______ (insert the political
4747-subdivision's median household assessed value, rounded up to
4748-the next fifty thousand dollars ($50,000)), the property's
4749-annual property tax bill would increase by ______ (insert
4750-dollar amount, rounded up to the next whole dollar) per
4751-year.".
4752-The public question must appear on the ballot in the form approved by
4753-the county election board. If the political subdivision proposing to issue
4754-bonds or enter into a lease is located in more than one (1) county, the
4755-county election board of each county shall jointly approve the form of
4756-the public question that will appear on the ballot in each county. The
4757-form approved by the county election board may differ from the
4758-language certified to the county election board by the county auditor.
4759-If the county election board approves the language of a public question
4760-under this subsection, the county election board shall submit the
4761-language and the certification of the county auditor described in
4762-subsection (p) to the department of local government finance for
4763-review.
4764-(d) The department of local government finance shall review the
4765-language of the public question to evaluate whether the description of
4766-the controlled project is accurate and is not biased against either a vote
4767-SEA 1 — Concur 112
4768-in favor of the controlled project or a vote against the controlled
4769-project. The department of local government finance shall post the
4770-estimated average percentage of property tax increases to be paid to a
4771-political subdivision on a residence and business property that are
4772-certified by the county auditor under subsection (p) on the department's
4773-Internet web site. website. The department of local government finance
4774-may either approve the ballot language as submitted or recommend that
4775-the ballot language be modified as necessary to ensure that the
4776-description of the controlled project is accurate and is not biased. The
4777-department of local government finance shall certify its approval or
4778-recommendations to the county auditor and the county election board
4779-not more than ten (10) days after both the certification of the county
4780-auditor described in subsection (p) and the language of the public
4781-question is are submitted to the department for review. If the
4782-department of local government finance recommends a modification to
4783-the ballot language, the county election board shall, after reviewing the
4784-recommendations of the department of local government finance,
4785-submit modified ballot language to the department for the department's
4786-approval or recommendation of any additional modifications. The
4787-public question may not be certified by the county auditor under
4788-subsection (e) unless the department of local government finance has
4789-first certified the department's final approval of the ballot language for
4790-the public question.
4791-(e) The county auditor shall certify the finally approved public
4792-question under IC 3-10-9-3 to the county election board of each county
4793-in which the political subdivision is located. The certification must
4794-occur not later than noon August 1.
4795-(1) seventy-four (74) days before a primary election if the public
4796-question is to be placed on the primary or municipal primary
4797-election ballot; or
4798-(2) August 1 if the public question is to be placed on the general
4799-or municipal election ballot.
4800-Subject to the certification requirements and deadlines under this
4801-subsection and except as provided in subsection (j), the public question
4802-shall be placed on the ballot at the next primary election, general
4803-election. or municipal election in which all voters of the political
4804-subdivision are entitled to vote. However, if a primary election, general
4805-election, or municipal election will not be held during the first year in
4806-which the public question is eligible to be placed on the ballot under
4807-this section and if the political subdivision requests the public question
4808-to be placed on the ballot at a special election, the public question shall
4809-be placed on the ballot at a special election to be held on the first
4810-SEA 1 — Concur 113
4811-Tuesday after the first Monday in May or November of the year. The
4812-certification must occur not later than noon seventy-four (74) days
4813-before a special election to be held in May (if the special election is to
4814-be held in May) or noon on August 1 (if the special election is to be
4815-held in November). The fiscal body of the political subdivision that
4816-requests the special election shall pay the costs of holding the special
4817-election. The county election board shall give notice under IC 5-3-1 of
4818-a special election conducted under this subsection. A special election
4819-conducted under this subsection is under the direction of the county
4820-election board. The county election board shall take all steps necessary
4821-to carry out the special election.
4822-(f) The circuit court clerk shall certify the results of the public
4823-question to the following:
4824-(1) The county auditor of each county in which the political
4825-subdivision is located.
4826-(2) The department of local government finance.
4827-(g) Subject to the requirements of IC 6-1.1-18.5-8, the political
4828-subdivision may issue the proposed bonds or enter into the proposed
4829-lease rental if a majority of the eligible voters voting on the public
4830-question vote in favor of the public question.
4831-(h) If a majority of the eligible voters voting on the public question
4832-vote in opposition to the public question, both of the following apply:
4833-(1) The political subdivision may not issue the proposed bonds or
4834-enter into the proposed lease rental.
4835-(2) Another public question under this section on the same or a
4836-substantially similar project may not be submitted to the voters
4837-earlier than:
4838-(A) except as provided in clause (B), seven hundred (700)
4839-days after the date of the public question; or
4840-(B) three hundred fifty (350) days after the date of the election,
4841-if a petition that meets the requirements of subsection (m) is
4842-submitted to the county auditor.
4843-(i) IC 3, to the extent not inconsistent with this section, applies to an
4844-election held under this section.
4845-(j) A political subdivision may not divide a controlled project in
4846-order to avoid the requirements of this section and section 3.5 of this
4847-chapter. A person that owns property within a political subdivision or
4848-a person that is a registered voter residing within a political subdivision
4849-may file a petition with the department of local government finance
4850-objecting that the political subdivision has divided a controlled project
4851-into two (2) or more capital projects in order to avoid the requirements
4852-of this section and section 3.5 of this chapter. The petition must be filed
4853-SEA 1 — Concur 114
4854-not more than ten (10) days after the political subdivision gives notice
4855-of the political subdivision's decision under section 3.5 of this chapter
4856-or a determination under section 5 of this chapter to issue bonds or
4857-enter into leases for a capital project that the person believes is the
4858-result of a division of a controlled project that is prohibited by this
4859-subsection. If the department of local government finance receives a
4860-petition under this subsection, the department shall not later than thirty
4861-(30) days after receiving the petition make a final determination on the
4862-issue of whether the political subdivision divided a controlled project
4863-in order to avoid the requirements of this section and section 3.5 of this
4864-chapter. If the department of local government finance determines that
4865-a political subdivision divided a controlled project in order to avoid the
4866-requirements of this section and section 3.5 of this chapter and the
4867-political subdivision continues to desire to proceed with the project, the
4868-political subdivision may appeal the determination of the department
4869-of local government finance to the Indiana board of tax review. A
4870-political subdivision shall be considered to have divided a capital
4871-project in order to avoid the requirements of this section and section
4872-3.5 of this chapter if the result of one (1) or more of the subprojects
4873-cannot reasonably be considered an independently desirable end in
4874-itself without reference to another capital project. This subsection does
4875-not prohibit a political subdivision from undertaking a series of capital
4876-projects in which the result of each capital project can reasonably be
4877-considered an independently desirable end in itself without reference
4878-to another capital project.
4879-(k) This subsection applies to a political subdivision for which a
4880-petition requesting a public question has been submitted under section
4881-3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
4882-the political subdivision may adopt a resolution to withdraw a
4883-controlled project from consideration in a public question. If the
4884-legislative body provides a certified copy of the resolution to the county
4885-auditor and the county election board not later than sixty-three (63)
4886-days before the election at which the public question would be on the
4887-ballot, the public question on the controlled project shall not be placed
4888-on the ballot and the public question on the controlled project shall not
4889-be held, regardless of whether the county auditor has certified the
4890-public question to the county election board. If the withdrawal of a
4891-public question under this subsection requires the county election
4892-board to reprint ballots, the political subdivision withdrawing the
4893-public question shall pay the costs of reprinting the ballots. If a political
4894-subdivision withdraws a public question under this subsection that
4895-would have been held at a special election and the county election
4896-SEA 1 — Concur 115
4897-board has printed the ballots before the legislative body of the political
4898-subdivision provides a certified copy of the withdrawal resolution to
4899-the county auditor and the county election board, the political
4900-subdivision withdrawing the public question shall pay the costs
4901-incurred by the county in printing the ballots. If a public question on a
4902-controlled project is withdrawn under this subsection, a public question
4903-under this section on the same controlled project or a substantially
4904-similar controlled project may not be submitted to the voters earlier
4905-than three hundred fifty (350) days after the date the resolution
4906-withdrawing the public question is adopted.
4907-(l) If a public question regarding a controlled project is placed on
4908-the ballot to be voted on at an election under this section, the political
4909-subdivision shall submit to the department of local government finance,
4910-at least thirty (30) days before the election, the following information
4911-regarding the proposed controlled project for posting on the
4912-department's Internet web site: website:
4913-(1) The cost per square foot of any buildings being constructed as
4914-part of the controlled project.
4915-(2) The effect that approval of the controlled project would have
4916-on the political subdivision's property tax rate.
4917-(3) The maximum term of the bonds or lease.
4918-(4) The maximum principal amount of the bonds or the maximum
4919-lease rental for the lease.
4920-(5) The estimated interest rates that will be paid and the total
4921-interest costs associated with the bonds or lease.
4922-(6) The purpose of the bonds or lease.
4923-(7) In the case of a controlled project proposed by a school
4924-corporation:
4925-(A) the current and proposed square footage of school building
4926-space per student;
4927-(B) enrollment patterns within the school corporation; and
4928-(C) the age and condition of the current school facilities.
4929-(m) If a majority of the eligible voters voting on the public question
4930-vote in opposition to the public question, a petition may be submitted
4931-to the county auditor to request that the limit under subsection
4932-(h)(2)(B) apply to the holding of a subsequent public question by the
4933-political subdivision. If such a petition is submitted to the county
4934-auditor and is signed by the lesser of:
4935-(1) five hundred (500) persons who are either owners of property
4936-within the political subdivision or registered voters residing
4937-within the political subdivision; or
4938-(2) five percent (5%) of the registered voters residing within the
4939-SEA 1 — Concur 116
4940-political subdivision;
4941-the limit under subsection (h)(2)(B) applies to the holding of a second
4942-public question by the political subdivision and the limit under
4943-subsection (h)(2)(A) does not apply to the holding of a second public
4944-question by the political subdivision.
4945-(n) At the request of a political subdivision that proposes to impose
4946-property taxes to pay debt service on bonds or lease rentals on a lease
4947-for a controlled project, the county auditor of a county in which the
4948-political subdivision is located shall determine the estimated average
4949-percentage of property tax increase on a homestead to be paid to the
4950-political subdivision that must be included in the public question under
4951-subsection (c) as follows:
4952-STEP ONE: Determine the average assessed value of a homestead
4953-located within the political subdivision.
4954-STEP TWO: For purposes of determining the net assessed value
4955-of the average homestead located within the political subdivision,
4956-subtract:
4957-(A) an amount for the homestead standard deduction under
4958-IC 6-1.1-12-37 as if the homestead described in STEP ONE
4959-was eligible for the deduction; and
4960-(B) an amount for the supplemental homestead deduction
4961-under IC 6-1.1-12-37.5 as if the homestead described in STEP
4962-ONE was eligible for the deduction;
4963-from the result of STEP ONE.
4964-STEP THREE: Divide the result of STEP TWO by one hundred
4965-(100).
4966-STEP FOUR: Determine the overall average tax rate per one
4967-hundred dollars ($100) of assessed valuation for the current year
4968-imposed on property located within the political subdivision.
4969-STEP FIVE: For purposes of determining net property tax liability
4970-of the average homestead located within the political subdivision:
4971-(A) multiply the result of STEP THREE by the result of STEP
4972-FOUR; and
4973-(B) as appropriate, apply any currently applicable county
4974-property tax credit rates and the credit for excessive property
4975-taxes under IC 6-1.1-20.6-7.5(a)(1).
4976-STEP SIX: Determine the amount of the political subdivision's
4977-part of the result determined in STEP FIVE.
4978-STEP SEVEN: Determine the estimated tax rate that will be
4979-imposed if the public question is approved by the voters.
4980-STEP EIGHT: Multiply the result of STEP SEVEN by the result
4981-of STEP THREE.
4982-SEA 1 — Concur 117
4983-STEP NINE: Divide the result of STEP EIGHT by the result of
4984-STEP SIX, expressed as a percentage.
4985-(o) At the request of a political subdivision that proposes to impose
4986-property taxes to pay debt service on bonds or lease rentals on a lease
4987-for a controlled project, the county auditor of a county in which the
4988-political subdivision is located shall determine the estimated average
4989-percentage of property tax increase on a business property to be paid
4990-to the political subdivision that must be included in the public question
4991-under subsection (c) as follows:
4992-STEP ONE: Determine the average assessed value of business
4993-property located within the political subdivision.
4994-STEP TWO: Divide the result of STEP ONE by one hundred
4995-(100).
4996-STEP THREE: Determine the overall average tax rate per one
4997-hundred dollars ($100) of assessed valuation for the current year
4998-imposed on property located within the political subdivision.
4999-STEP FOUR: For purposes of determining net property tax
5000-liability of the average business property located within the
5001-political subdivision:
5002-(A) multiply the result of STEP TWO by the result of STEP
5003-THREE; and
5004-(B) as appropriate, apply any currently applicable county
5005-property tax credit rates and the credit for excessive property
5006-taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
5007-was three percent (3%).
5008-STEP FIVE: Determine the amount of the political subdivision's
5009-part of the result determined in STEP FOUR.
5010-STEP SIX: Determine the estimated tax rate that will be imposed
5011-if the public question is approved by the voters.
5012-STEP SEVEN: Multiply the result of STEP TWO by the result of
5013-STEP SIX.
5014-STEP EIGHT: Divide the result of STEP SEVEN by the result of
5015-STEP FIVE, expressed as a percentage.
5016-(p) The county auditor shall certify the estimated average
5017-percentage of property tax increase on a homestead to be paid to the
5018-political subdivision determined under subsection (n), and the
5019-estimated average percentage of property tax increase on a business
5020-property to be paid to the political subdivision determined under
5021-subsection (o), in a manner prescribed by the department of local
5022-government finance, and provide the certification to the political
5023-subdivision that proposes to impose property taxes. The political
5024-subdivision shall provide the certification to the county election board
5025-SEA 1 — Concur 118
5026-and include the estimated average percentages in the language of the
5027-public question at the time the language of the public question is
5028-submitted to the county election board for approval as described in
5029-subsection (c).
5030-SECTION 69. IC 6-1.1-20-4.1 IS ADDED TO THE INDIANA
5031-CODE AS A NEW SECTION TO READ AS FOLLOWS
5032-[EFFECTIVE JULY 1, 2025]: Sec. 4.1. This section applies to all
5033-school corporations. During the calendar year immediately
5034-succeeding the final calendar year in which a school corporation's
5035-previously approved controlled project referendum tax levy is
5036-imposed under this chapter, the school corporation may not adopt
5037-a resolution under section 3.5 of this chapter making a preliminary
5038-determination to issue bonds or enter into a lease or adopt a
5039-resolution to extend a referendum tax levy under this chapter.
5040-SECTION 70. IC 6-1.1-20-4.3, AS ADDED BY P.L.136-2024,
5041-SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5042-JULY 1, 2025]: Sec. 4.3. (a) This section applies only if, with respect
5043-to a particular controlled project that fulfilled the referendum process
5044-under sections 3.5 and 3.6 of this chapter, the political subdivision
5045-subsequently changes the scope of the controlled project beyond that
5046-initially presented.
5047-(b) Notwithstanding any other provision in this chapter, if at least
5048-ten (10) persons who are either owners of property within the political
5049-subdivision or registered voters residing within the political
5050-subdivision file a petition with the proper officers of the political
5051-subdivision contending that the scope of a controlled project has
5052-changed from how it was initially presented, the proper officers of the
5053-political subdivision shall hold a public hearing to determine whether
5054-any change in scope is significant enough to warrant a new referendum
5055-process. A petition under this subsection must be filed not later than
5056-one (1) year after the controlled project received final approval.
5057-(c) Notwithstanding any other provision in this chapter, if it is
5058-determined at the hearing described in subsection (b) that the political
5059-subdivision has subsequently changed the scope of a controlled project
5060-beyond that initially presented as described in subsection (a), the
5061-following procedures apply:
5062-(1) A petition requesting the application of the local public
5063-question process under this section may be filed using, and in
5064-compliance with, the provisions that initially applied to the
5065-particular controlled project under section 3.5 of this chapter. For
5066-purposes of this subdivision, the relevant provisions in section 3.5
5067-of this chapter shall be construed in a manner consistent with this
5068-SEA 1 — Concur 119
5069-section.
5070-(2) If a sufficient petition requesting the application of the local
5071-public question process for purposes of this section has been filed
5072-under subdivision (1), the following question shall be submitted
5073-to the eligible voters at the election conducted under this section:
5074-"On ______ (insert date) the voters approved a public question to
5075-increase property taxes paid to the _______ (insert the type of
5076-taxing unit) by homeowners and businesses. The political
5077-subdivision has determined that the scope of the project for which
5078-the pubic question was placed on the ballot has changed beyond
5079-that initially presented. To fund the increase in the scope of the
5080-project, the average property tax paid to the _______ (insert the
5081-type of taxing unit) per year on a residence is estimated to
5082-increase by ______% (insert the estimated average percentage of
5083-property tax increase paid to the political subdivision on a
5084-residence within the political subdivision) and the average
5085-property tax paid to the _____ (insert the type of taxing unit) per
5086-year on a business property would increase by ______% (insert
5087-the estimated average percentage of property tax increase paid to
5088-the political subdivision on a business property within the
5089-political subdivision). Shall ________ (insert the name of the
5090-political subdivision) increase property taxes paid to the _______
5091-(insert the type of taxing unit) by homeowners and businesses to
5092-fund the increase in the scope of the project previously approved?
5093-If this public question is approved by the voters, the average
5094-property tax paid to the _______ (insert the type of taxing unit)
5095-per year on a residence would increase by ______% (insert the
5096-estimated average percentage of property tax increase paid to the
5097-political subdivision on a residence within the political
5098-subdivision) and the average property tax paid to the _____
5099-(insert the type of taxing unit) per year on a business property
5100-would increase by ______% (insert the estimated average
5101-percentage of property tax increase paid to the political
5102-subdivision on a business property within the political
5103-subdivision).".
5104-"Shall ________ (insert the name of the political subdivision)
5105-increase property taxes paid to the _______ (insert the type of
5106-political subdivision) for no more than ______ (insert the
5107-number of years immediately following the holding of the
5108-referendum) years for the purpose of funding _______ (insert
5109-a brief description of the project use or purpose) for which the
5110-principal debt amount for the project will cost no more than
5111-SEA 1 — Concur 120
5112-______ (insert the total cost of the project principal amount)
5113-and the financing cost including interest and fees will cost no
5114-more than an additional ______ (insert the total financing
5115-costs including interest and fees) and is estimated to increase
5116-the property taxes paid to the ______ (insert the type of
5117-political subdivision) by imposing a property tax rate that
5118-results in a maximum annual amount that does not exceed
5119-______ (insert maximum amount of annual levy). If this
5120-capital referendum public question is approved by the voters,
5121-for a median residence of ______ (insert the political
5122-subdivision's median household assessed value, rounded up to
5123-the next fifty thousand dollars ($50,000)), the property's
5124-annual property tax bill would increase by ______ (insert
5125-dollar amount, rounded up to the next whole dollar) per
5126-year.".
5127-(3) The public question must appear on the ballot in the form
5128-approved by the county election board. If the political subdivision
5129-in which the particular controlled project is located in more than
5130-one (1) county, the county election board of each county shall
5131-jointly approve the form of the public question that will appear on
5132-the ballot in each county. The form approved by the county
5133-election board may differ from the language certified to the
5134-county election board by the county auditor. If the county election
5135-board approves the language of a public question under this
5136-subsection, the county election board shall submit the language to
5137-the department of local government finance for review.
5138-(4) The department of local government finance shall review the
5139-language of the public question to evaluate whether the
5140-description of the controlled project is accurate and is not biased
5141-against either a vote in favor of the controlled project or a vote
5142-against the controlled project. The department of local
5143-government finance may either approve the ballot language as
5144-submitted or recommend that the ballot language be modified as
5145-necessary to ensure that the description of the controlled project
5146-is accurate and is not biased. The department of local government
5147-finance shall certify its approval or recommendations to the
5148-county auditor and the county election board not more than ten
5149-(10) days after the language of the public question is submitted to
5150-the department for review. If the department of local government
5151-finance recommends a modification to the ballot language, the
5152-county election board shall, after reviewing the recommendations
5153-of the department of local government finance, submit modified
5154-SEA 1 — Concur 121
5155-ballot language to the department for the department's approval
5156-or recommendation of any additional modifications. The public
5157-question may not be certified by the county auditor under
5158-subdivision (5) unless the department of local government finance
5159-has first certified the department's final approval of the ballot
5160-language for the public question.
5161-(5) The county auditor shall certify the finally approved public
5162-question under IC 3-10-9-3 to the county election board of each
5163-county in which the political subdivision is located. The
5164-certification must occur not later than noon August 1.
5165-(A) seventy-four (74) days before a primary election if the
5166-public question is to be placed on the primary or municipal
5167-primary election ballot; or
5168-(B) August 1 if the public question is to be placed on the
5169-general or municipal election ballot.
5170-(6) The public question shall be placed on the ballot at the next
5171-primary election, general election or municipal election in which
5172-all voters of the political subdivision are entitled to vote.
5173-However, if a primary election, general election, or municipal
5174-election will not be held during the first year in which the public
5175-question is eligible to be placed on the ballot under this section
5176-and if the political subdivision requests the public question to be
5177-placed on the ballot at a special election, the public question shall
5178-be placed on the ballot at a special election to be held on the first
5179-Tuesday after the first Monday in May or November of the year.
5180-The certification must occur not later than noon seventy-four (74)
5181-days before a special election to be held in May (if the special
5182-election is to be held in May) or noon on August 1 (if the special
5183-election is to be held in November). The fiscal body of the
5184-political subdivision that requests the special election shall pay
5185-the costs of holding the special election. The county election
5186-board shall give notice under IC 5-3-1 of a special election
5187-conducted under this subsection. A special election conducted
5188-under this subsection is under the direction of the county election
5189-board. The county election board shall take all steps necessary to
5190-carry out the special election.
5191-(7) The circuit court clerk shall certify the results of the public
5192-question to the following:
5193-(A) The county auditor of each county in which the political
5194-subdivision is located.
5195-(B) The department of local government finance.
5196-(8) IC 3, to the extent not inconsistent with this section, applies to
5197-SEA 1 — Concur 122
5198-an election held under this section.
5199-(9) If a majority of the eligible voters voting on the public
5200-question vote in opposition to the public question, or if a petition
5201-is not filed under subdivision (1), the political subdivision may
5202-not proceed with the changed scope of the controlled project. In
5203-that case, the political subdivision may either:
5204-(A) proceed with the controlled project as it was initially
5205-presented; or
5206-(B) terminate the controlled project as it was initially
5207-presented and initiate procedures for the controlled project that
5208-reflects the change in scope.
5209-(10) If a majority of the eligible voters voting on the public
5210-question vote in favor of the public question, the political
5211-subdivision may impose property taxes to fund the increase in the
5212-scope of the controlled project previously approved.
5213-SECTION 71. IC 6-1.1-20-4.5, AS AMENDED BY P.L.136-2024,
5214-SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5215-JULY 1, 2025]: Sec. 4.5. (a) As used in this section, "maintenance
5216-emergency" refers to a response to a condition that is not otherwise
5217-subject to the application of section 1.1(a)(6) of this chapter and
5218-includes:
5219-(1) repair of a boiler or chiller system;
5220-(2) roof repair;
5221-(3) storm damage repair; or
5222-(4) any other repair that the department determines is a
5223-maintenance emergency for which waiver of the application of
5224-section 3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) of this
5225-chapter (before its expiration) is warranted.
5226-(b) A political subdivision may submit a request to the department
5227-to waive the application of section 3.5(a)(1)(E) (before its expiration)
5228-or 3.5(a)(1)(F) of this chapter, (before its expiration), if the proposed
5229-controlled project of the political subdivision is to address a
5230-maintenance emergency with respect to a building owned or leased by
5231-the political subdivision.
5232-(c) The department shall require the political subdivision to submit
5233-any information that the department considers necessary to determine
5234-whether the condition that the political subdivision contends is a
5235-maintenance emergency.
5236-(d) The department shall review a request and issue a determination
5237-not later than forty-five (45) days after the department receives a
5238-request under this section determining whether the condition that the
5239-political subdivision contends is a maintenance emergency is sufficient
5240-SEA 1 — Concur 123
5241-to waive the application of section 3.5(a)(1)(E) (before its expiration)
5242-or 3.5(a)(1)(F) of this chapter. (before its expiration). If the department
5243-determines that the condition is a maintenance emergency then section
5244-3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) of this chapter
5245-(before its expiration) is waived and does not apply to the proposed
5246-controlled project.
5247-(e) A waiver of the application of section 3.5(a)(1)(E) (before its
5248-expiration) or 3.5(a)(1)(F) of this chapter (before its expiration) in
5249-accordance with this section may not be construed as a waiver of any
5250-other requirement of this chapter with respect to the proposed
5251-controlled project.
5252-(f) This section expires December 31, 2025.
5253-SECTION 72. IC 6-1.1-20-4.6 IS ADDED TO THE INDIANA
5254-CODE AS A NEW SECTION TO READ AS FOLLOWS
5255-[EFFECTIVE JULY 1, 2025]: Sec. 4.6. Each year, the county
5256-auditor, with cooperation from the department of local
5257-government finance, shall determine the tax rate needed to raise
5258-the maximum amount of the annual levy for the year as described
5259-under sections 3.6 and 4.3 of this chapter, as applicable, and
5260-determine all other information needed for the ballot language in
5261-those sections.
5262-SECTION 73. IC 6-1.1-20.6-3, AS AMENDED BY P.L.197-2016,
5263-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5264-UPON PASSAGE]: Sec. 3. As used in this chapter, "property tax
5265-liability" means, for purposes of:
5266-(1) this chapter, other than section 7.7 or 8.5 of this chapter,
5267-liability for the tax imposed on property under this article
5268-determined after application of all credits and deductions under
5269-this article or IC 6-3.6, except the credit under granted by
5270-section 7 or 7.5 of this chapter, but does not include any interest
5271-or penalty imposed under this article; and
5272-(2) section 8.5 of this chapter, liability for the tax imposed on
5273-property under this article determined after application of all
5274-credits and deductions under this article or IC 6-3.6, including the
5275-credit credits granted by section sections 7, or 7.5, and 7.7 of this
5276-chapter, but not including the credit granted under section 8.5 of
5277-this chapter or any interest or penalty imposed under this article;
5278-and
5279-(3) section 7.7 of this chapter, liability for the tax imposed on
5280-property under this article determined after application of all
5281-credits and deductions under this article or IC 6-3.6, including
5282-the credit granted by section 7 or 7.5 of this chapter, but not
5283-SEA 1 — Concur 124
5284-including the credits granted under section 7.7 or 8.5 of this
5285-chapter or any interest or penalty imposed under this article.
5286-SECTION 74. IC 6-1.1-20.6-7.7 IS ADDED TO THE INDIANA
5287-CODE AS A NEW SECTION TO READ AS FOLLOWS
5288-[EFFECTIVE UPON PASSAGE]: Sec. 7.7. (a) This section applies
5289-for property taxes first due and payable in calendar years
5290-beginning after December 31, 2025.
5291-(b) A person who qualifies for a standard deduction from the
5292-assessed value of the person's homestead under IC 6-1.1-12-37 (or
5293-is married at the time of death to a deceased spouse who qualifies
5294-for a standard deduction under IC 6-1.1-12-37 for the person's
5295-homestead) is also entitled to receive a supplemental homestead
5296-credit under this section against the person's property tax liability
5297-on the same homestead to which the standard deduction applies.
5298-(c) The amount of the credit is equal to the lesser of:
5299-(1) the result of:
5300-(A) the property tax liability first due and payable on the
5301-homestead property for the calendar year; multiplied by
5302-(B) one-tenth (0.1); or
5303-(2) three hundred dollars ($300).
5304-(d) Property taxes imposed after being approved by the voters
5305-in a referendum or local public question shall not be considered for
5306-purposes of calculating a person's credit under this section.
5307-(e) A person is not required to file an application for the credit
5308-under this section. The county auditor shall:
5309-(1) identify the property in the county eligible for the credit
5310-under this section; and
5311-(2) apply the credit under this section to property tax liability
5312-on the identified property.
5313-SECTION 75. IC 6-1.1-20.6-8.5, AS AMENDED BY P.L.239-2023,
5314-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5315-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 8.5. (a) This section
5316-applies to an individual who:
5317-(1) qualified for a standard deduction granted under
5318-IC 6-1.1-12-37 for the individual's homestead property in the
5319-immediately preceding calendar year (or was married at the time
5320-of death to a deceased spouse who qualified for a standard
5321-deduction granted under IC 6-1.1-12-37 for the individual's
5322-homestead property in the immediately preceding calendar year);
5323-(2) qualifies for a standard deduction granted under
5324-IC 6-1.1-12-37 for the same homestead property in the current
5325-calendar year;
5326-SEA 1 — Concur 125
5327-(3) is or will be at least sixty-five (65) years of age on or before
5328-December 31 of the calendar year immediately preceding the
5329-current calendar year; and
5330-(4) had:
5331-(A) in the case of an individual who filed a single return,
5332-adjusted gross income (as defined in Section 62 of the Internal
5333-Revenue Code) not exceeding thirty thousand dollars
5334-($30,000), sixty thousand dollars ($60,000), and beginning
5335-for the January 1, 2023, assessment date, and each assessment
5336-date thereafter, adjusted annually by an amount equal to the
5337-percentage cost of living increase applied for Social Security
5338-benefits for the immediately preceding calendar year; or
5339-(B) in the case of an individual who filed a joint income tax
5340-return with the individual's spouse, combined adjusted gross
5341-income (as defined in Section 62 of the Internal Revenue
5342-Code) not exceeding forty thousand dollars ($40,000), seventy
5343-thousand dollars ($70,000), and beginning for the January 1,
5344-2023, assessment date, and each assessment date thereafter,
5345-adjusted annually by an amount equal to the percentage cost
5346-of living increase applied for Social Security benefits for the
5347-immediately preceding calendar year;
5348-for the calendar year preceding by two (2) years the calendar year
5349-in which property taxes are first due and payable.
5350-For purposes of applying the annual cost of living increases described
5351-in subdivision (4)(A) and (4)(B), the annual percentage increase is
5352-applied to the adjusted amount of income from the immediately
5353-preceding year.
5354-(b) Except as provided in subsection (g), this section does not apply
5355-if:
5356-(1) for an individual who received a credit under this section
5357-before January 1, 2020, the gross assessed value of the homestead
5358-on the assessment date for which property taxes are imposed is at
5359-least two hundred thousand dollars ($200,000);
5360-(2) for an individual who initially applies for a credit under this
5361-section after December 31, 2019, and before January 1, 2023, the
5362-assessed value of the individual's Indiana real property is at least
5363-two hundred thousand dollars ($200,000); or
5364-(3) for an individual who initially applies for a credit under this
5365-section after December 31, 2022, and before January 1, 2025,
5366-the assessed value of the individual's Indiana real property is at
5367-least two hundred forty thousand dollars ($240,000).
5368-(c) An individual is entitled to an additional credit under this section
5369-SEA 1 — Concur 126
5370-for property taxes first due and payable for a calendar year on a
5371-homestead if:
5372-(1) the individual and the homestead qualify for the credit under
5373-subsection (a) for the calendar year;
5374-(2) the homestead is not disqualified for the credit under
5375-subsection (b) for the calendar year; and
5376-(3) the filing requirements under subsection (e) are met.
5377-(d) The amount of the credit is equal to the greater of zero (0) or the
5378-result of:
5379-(1) the property tax liability first due and payable on the
5380-homestead property for the calendar year; minus
5381-(2) the result of:
5382-(A) the property tax liability first due and payable on the
5383-qualified homestead property for the immediately preceding
5384-year after the application of the credit granted under this
5385-section for that year; multiplied by
5386-(B) one and two hundredths (1.02).
5387-However, property tax liability imposed on any improvements to or
5388-expansion of the homestead property after the assessment date for
5389-which property tax liability described in subdivision (2) was imposed
5390-shall not be considered in determining the credit granted under this
5391-section in the current calendar year.
5392-(e) Applications for a credit under this section shall be filed in the
5393-manner provided for an application for a deduction under IC 6-1.1-12-9
5394-(before its expiration). However, an individual who remains eligible
5395-for the credit in the following year is not required to file a statement to
5396-apply for the credit in the following year. An individual who receives
5397-a credit under this section in a particular year and who becomes
5398-ineligible for the credit in the following year shall notify the auditor of
5399-the county in which the homestead is located of the individual's
5400-ineligibility not later than sixty (60) days after the individual becomes
5401-ineligible.
5402-(f) The auditor of each county shall, in a particular year, apply a
5403-credit provided under this section to each individual who received the
5404-credit in the preceding year unless the auditor determines that the
5405-individual is no longer eligible for the credit.
5406-(g) For purposes of determining the:
5407-(1) assessed value of the homestead on the assessment date for
5408-which property taxes are imposed under subsection (b)(1);
5409-(2) assessed value of the individual's Indiana real property under
5410-subsection (b)(2); or
5411-(3) assessed value of the individual's Indiana real property under
5412-SEA 1 — Concur 127
5413-subsection (b)(3);
5414-for an individual who has received a credit under this section in a
5415-previous year, increases in assessed value that occur after the later of
5416-December 31, 2019, or the first year that the individual has received
5417-the credit are not considered unless the increase in assessed value is
5418-attributable to substantial renovation or new improvements. Where
5419-there is an increase in assessed value for purposes of the credit under
5420-this section, the assessor shall provide a report to the county auditor
5421-describing the substantial renovation or new improvements, if any, that
5422-were made to the property prior to the increase in assessed value.
5423-SECTION 76. IC 6-1.1-22-8.1, AS AMENDED BY P.L.159-2020,
5424-SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5425-JULY 1, 2026]: Sec. 8.1. (a) The county treasurer shall:
5426-(1) except as provided in subsection (h), mail to the last known
5427-address of each person liable for any property taxes or special
5428-assessment, as shown on the tax duplicate or special assessment
5429-records, or to the last known address of the most recent owner
5430-shown in the transfer book; and
5431-(2) transmit by written, electronic, or other means to a mortgagee
5432-maintaining an escrow account for a person who is liable for any
5433-property taxes or special assessments, as shown on the tax
5434-duplicate or special assessment records;
5435-a statement in the form required under subsection (b).
5436-(b) The department of local government finance shall prescribe a
5437-form, subject to the approval of the state board of accounts, for the
5438-statement under subsection (a) that includes at least the following:
5439-(1) A statement of the taxpayer's current and delinquent taxes and
5440-special assessments.
5441-(2) A breakdown showing the total property tax and special
5442-assessment liability and the amount of the taxpayer's liability that
5443-will be distributed to each taxing unit in the county.
5444-(3) An itemized listing for each property tax levy, including:
5445-(A) the amount of the tax rate;
5446-(B) the entity levying the tax owed; and
5447-(C) the dollar amount of the tax owed.
5448-(4) Information designed to show the manner in which the taxes
5449-and special assessments billed in the tax statement are to be used.
5450-(5) Information regarding how a taxpayer can obtain information
5451-regarding the taxpayer's notice of assessment or reassessment
5452-under IC 6-1.1-4-22.
5453-(6) A comparison showing any change in the assessed valuation
5454-for the property as compared to the previous year.
5455-SEA 1 — Concur 128
5456-(7) A comparison showing any change in the property tax and
5457-special assessment liability for the property as compared to the
5458-previous year. The information required under this subdivision
5459-must identify:
5460-(A) the amount of the taxpayer's liability distributable to each
5461-taxing unit in which the property is located in the current year
5462-and in the previous year; and
5463-(B) the percentage change, if any, in the amount of the
5464-taxpayer's liability distributable to each taxing unit in which
5465-the property is located from the previous year to the current
5466-year.
5467-(8) An explanation of the following:
5468-(A) Homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before
5469-its expiration), or another law that are available in the taxing
5470-district where the property is located.
5471-(B) All property tax deductions that are available in the taxing
5472-district where the property is located.
5473-(C) The procedure and deadline for filing for any available
5474-homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before its
5475-expiration), or another law and each deduction.
5476-(D) The procedure that a taxpayer must follow to:
5477-(i) appeal a current assessment; or
5478-(ii) petition for the correction of an error related to the
5479-taxpayer's property tax and special assessment liability.
5480-(E) The forms that must be filed for an appeal or a petition
5481-described in clause (D).
5482-(F) The procedure and deadline that a taxpayer must follow
5483-and the forms that must be used if a credit or deduction has
5484-been granted for the property and the taxpayer is no longer
5485-eligible for the credit or deduction.
5486-(G) Notice that an appeal described in clause (D) requires
5487-evidence relevant to the true tax value of the taxpayer's
5488-property as of the assessment date that is the basis for the taxes
5489-payable on that property.
5490-The department of local government finance shall provide the
5491-explanation required by this subdivision to each county treasurer.
5492-(9) A checklist that shows:
5493-(A) homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before
5494-its expiration), or another law and all property tax deductions;
5495-and
5496-(B) whether each homestead credit and property tax deduction
5497-applies in the current statement for the property transmitted
5498-SEA 1 — Concur 129
5499-under subsection (a).
5500-(10) A remittance coupon indicating the payment amounts due at
5501-each payment due date and other information determined by the
5502-department of local government finance.
5503-(c) The county treasurer shall mail or transmit the statement one (1)
5504-time each year on or before April 15. Whenever a person's tax liability
5505-for a year is due in one (1) installment under IC 6-1.1-7-7 or section 9
5506-of this chapter, a statement that is mailed must include the date on
5507-which the installment is due and denote the amount of money to be
5508-paid for the installment. Whenever a person's tax liability is due in two
5509-(2) installments, a statement that is mailed must contain the dates on
5510-which the first and second installments are due and denote the amount
5511-of money to be paid for each installment. If a statement is returned to
5512-the county treasurer as undeliverable and the forwarding order is
5513-expired, the county treasurer shall notify the county auditor of this fact.
5514-Upon receipt of the county treasurer's notice, the county auditor may,
5515-at the county auditor's discretion, treat the property as not being eligible
5516-for any deductions under IC 6-1.1-12 or any homestead credits under
5517-IC 6-1.1-20.4 and IC 6-3.6-5 (before its expiration).
5518-(d) All payments of property taxes and special assessments shall be
5519-made to the county treasurer. The county treasurer, when authorized by
5520-the board of county commissioners, may open temporary offices for the
5521-collection of taxes in cities and towns in the county other than the
5522-county seat.
5523-(e) The county treasurer, county auditor, and county assessor shall
5524-cooperate to generate the information to be included in the statement
5525-under subsection (b).
5526-(f) The information to be included in the statement under subsection
5527-(b) must be simply and clearly presented and understandable to the
5528-average individual.
5529-(g) After December 31, 2007, a reference in a law or rule to
5530-IC 6-1.1-22-8 (expired January 1, 2008, and repealed) shall be treated
5531-as a reference to this section.
5532-(h) Transmission of statements and other information under this
5533-subsection applies in a county only if the county legislative body adopts
5534-an authorizing ordinance. Subject to subsection (i), in a county in
5535-which an ordinance is adopted under this subsection for property taxes
5536-and special assessments, a person may, in any manner permitted by
5537-subsection (n), direct the county treasurer and county auditor to
5538-transmit the following to the person by electronic mail:
5539-(1) A statement that would otherwise be sent by the county
5540-treasurer to the person by regular mail under subsection (a)(1),
5541-SEA 1 — Concur 130
5542-including a statement that reflects installment payment due dates
5543-under section 9.5 or 9.7 of this chapter.
5544-(2) A provisional tax statement that would otherwise be sent by
5545-the county treasurer to the person by regular mail under
5546-IC 6-1.1-22.5-6.
5547-(3) A reconciling tax statement that would otherwise be sent by
5548-the county treasurer to the person by regular mail under any of the
5549-following:
5550-(A) Section 9 of this chapter.
5551-(B) Section 9.7 of this chapter.
5552-(C) IC 6-1.1-22.5-12, including a statement that reflects
5553-installment payment due dates under IC 6-1.1-22.5-18.5.
5554-(4) Any other information that:
5555-(A) concerns the property taxes or special assessments; and
5556-(B) would otherwise be sent:
5557-(i) by the county treasurer or the county auditor to the person
5558-by regular mail; and
5559-(ii) before the last date the property taxes or special
5560-assessments may be paid without becoming delinquent.
5561-The information listed in this subsection may be transmitted to a person
5562-by using electronic mail that provides a secure Internet link to the
5563-information.
5564-(i) For property with respect to which more than one (1) person is
5565-liable for property taxes and special assessments, subsection (h) applies
5566-only if all the persons liable for property taxes and special assessments
5567-designate the electronic mail address for only one (1) individual
5568-authorized to receive the statements and other information referred to
5569-in subsection (h).
5570-(j) The department of local government finance shall create a form
5571-to be used to implement subsection (h). The county treasurer and
5572-county auditor shall:
5573-(1) make the form created under this subsection available to the
5574-public;
5575-(2) transmit a statement or other information by electronic mail
5576-under subsection (h) to a person who files, on or before March 15,
5577-the form created under this subsection:
5578-(A) with the county treasurer; or
5579-(B) with the county auditor; and
5580-(3) publicize the availability of the electronic mail option under
5581-this subsection through appropriate media in a manner reasonably
5582-designed to reach members of the public.
5583-(k) The form referred to in subsection (j) must:
5584-SEA 1 — Concur 131
5585-(1) explain that a form filed as described in subsection (j)(2)
5586-remains in effect until the person files a replacement form to:
5587-(A) change the person's electronic mail address; or
5588-(B) terminate the electronic mail option under subsection (h);
5589-and
5590-(2) allow a person to do at least the following with respect to the
5591-electronic mail option under subsection (h):
5592-(A) Exercise the option.
5593-(B) Change the person's electronic mail address.
5594-(C) Terminate the option.
5595-(D) For a person other than an individual, designate the
5596-electronic mail address for only one (1) individual authorized
5597-to receive the statements and other information referred to in
5598-subsection (h).
5599-(E) For property with respect to which more than one (1)
5600-person is liable for property taxes and special assessments,
5601-designate the electronic mail address for only one (1)
5602-individual authorized to receive the statements and other
5603-information referred to in subsection (h).
5604-(l) The form created under subsection (j) is considered filed with the
5605-county treasurer or the county auditor on the postmark date or on the
5606-date it is electronically submitted. If the postmark is missing or
5607-illegible, the postmark is considered to be one (1) day before the date
5608-of receipt of the form by the county treasurer or the county auditor.
5609-(m) The county treasurer shall maintain a record that shows at least
5610-the following:
5611-(1) Each person to whom a statement or other information is
5612-transmitted by electronic mail under this section.
5613-(2) The information included in the statement.
5614-(3) Whether the county treasurer received a notice that the
5615-person's electronic mail was undeliverable.
5616-(n) A person may direct the county treasurer and county auditor to
5617-transmit information by electronic mail under subsection (h) on a form
5618-prescribed by the department submitted:
5619-(1) in person;
5620-(2) by mail; or
5621-(3) in an online format developed by the county and approved by
5622-the department.
5623-SECTION 77. IC 6-1.1-22.5-8, AS AMENDED BY P.L.93-2024,
5624-SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5625-JULY 1, 2026]: Sec. 8. (a) Subject to subsection (c), a provisional
5626-statement must:
5627-SEA 1 — Concur 132
5628-(1) be on a form prescribed by the department of local
5629-government finance;
5630-(2) except as provided in rules adopted under section 20 of this
5631-chapter and subsection (b):
5632-(A) for property taxes first due and payable after 2010 and
5633-billed using a provisional statement under section 6 of this
5634-chapter, indicate:
5635-(i) that the first installment of the taxpayer's tax liability is
5636-an amount equal to fifty percent (50%) of the tax liability
5637-that was payable in the same year as the assessment date for
5638-the property for which the provisional statement is issued,
5639-subject to any adjustments to the tax liability authorized by
5640-the department of local government finance under
5641-subsection (e) and approved by the county treasurer; and
5642-(ii) that the second installment is either the amount specified
5643-in a reconciling statement or, if a reconciling statement is
5644-not sent until after the second installment is due, an amount
5645-equal to fifty percent (50%) of the tax liability that was
5646-payable in the same year as the assessment date for the
5647-property for which the provisional statement is issued,
5648-subject to any adjustments to the tax liability authorized by
5649-the department of local government finance under
5650-subsection (e) and approved by the county treasurer; and
5651-(B) for property taxes billed using a provisional statement
5652-under section 6.5 of this chapter, except as provided in
5653-subsection (d), indicate tax liability in an amount determined
5654-by the department of local government finance based on:
5655-(i) subject to subsection (c), for the cross-county entity, the
5656-property tax rate of the cross-county entity for taxes first due
5657-and payable in the immediately preceding calendar year; and
5658-(ii) for all other taxing units that make up the taxing district
5659-or taxing districts that comprise the cross-county area, the
5660-property tax rates of the taxing units for taxes first due and
5661-payable in the current calendar year;
5662-(3) indicate:
5663-(A) that the tax liability under the provisional statement is
5664-determined as described in subdivision (2); and
5665-(B) that property taxes billed on the provisional statement:
5666-(i) are due and payable in the same manner as property taxes
5667-billed on a tax statement under IC 6-1.1-22-8.1; and
5668-(ii) will be credited against a reconciling statement;
5669-(4) for property taxes billed using a provisional statement under
5670-SEA 1 — Concur 133
5671-section 6 of this chapter, include a statement in the following or
5672-a substantially similar form, as determined by the department of
5673-local government finance:
5674-"Under Indiana law, ________ County (insert county) has sent
5675-provisional statements. The statement is due to be paid in
5676-installments on __________ (insert date) and ________ (insert
5677-date). The first installment is equal to fifty percent (50%) of your
5678-tax liability for taxes payable in ______ (insert year), subject to
5679-adjustment to the tax liability authorized by the department of
5680-local government finance and approved by the county treasurer.
5681-The second installment is either the amount specified in a
5682-reconciling statement that will be sent to you, or (if a reconciling
5683-statement is not sent until after the second installment is due) an
5684-amount equal to fifty percent (50%) of your tax liability for taxes
5685-payable in ______ (insert year), subject to adjustment to the tax
5686-liability authorized by the department of local government finance
5687-and approved by the county treasurer. After the abstract of
5688-property is complete, you will receive a reconciling statement in
5689-the amount of your actual tax liability for taxes payable in ______
5690-(insert year) minus the amount you pay under this provisional
5691-statement.";
5692-(5) for property taxes billed using a provisional statement under
5693-section 6.5 of this chapter, include a statement in the following or
5694-a substantially similar form, as determined by the department of
5695-local government finance:
5696-"Under Indiana law, ________ County (insert county) has elected
5697-to send provisional statements for the territory of
5698-__________________ (insert cross-county entity) located in
5699-________ County (insert county) because the property tax rate for
5700-________________ (insert cross-county entity) was not available
5701-in time to prepare final tax statements. The statement is due to be
5702-paid in installments on __________ (insert date) and _________
5703-(insert date). The statement is based on the property tax rate of
5704-_________________ (insert cross-county entity) for taxes first
5705-due and payable in _____ (insert immediately preceding calendar
5706-year). After the property tax rate of ________________ (insert
5707-cross-county entity) is determined, you will receive a reconciling
5708-statement in the amount of your actual tax liability for taxes
5709-payable in _____ (insert year) minus the amount you pay under
5710-this provisional statement.";
5711-(6) indicate any adjustment to tax liability under subdivision (2)
5712-authorized by the department of local government finance under
5713-SEA 1 — Concur 134
5714-subsection (e) and approved by the county treasurer for:
5715-(A) delinquent:
5716-(i) taxes; and
5717-(ii) special assessments;
5718-(B) penalties; and
5719-(C) interest;
5720-(7) in the case of a reconciling statement only, include:
5721-(A) a checklist that shows:
5722-(i) homestead credits under IC 6-1.1-20.4, IC 6-3.6-5
5723-(before its expiration), or another law and all property tax
5724-deductions; and
5725-(ii) whether each homestead credit and property tax
5726-deduction were applied in the current provisional statement;
5727-(B) an explanation of the procedure and deadline that a
5728-taxpayer must follow and the forms that must be used if a
5729-credit or deduction has been granted for the property and the
5730-taxpayer is no longer eligible for the credit or deduction; and
5731-(C) an explanation of the tax consequences and applicable
5732-penalties if a taxpayer unlawfully claims a standard deduction
5733-under IC 6-1.1-12-37 on:
5734-(i) more than one (1) parcel of property; or
5735-(ii) property that is not the taxpayer's principal place of
5736-residence or is otherwise not eligible for a standard
5737-deduction; and
5738-(8) include any other information the county treasurer requires.
5739-(b) The county may apply a standard deduction, supplemental
5740-standard deduction, or homestead credit calculated by the county's
5741-property system on a provisional bill for a qualified property. If a
5742-provisional bill has been used for property tax billings for two (2)
5743-consecutive years and a property qualifies for a standard deduction,
5744-supplemental standard deduction, or homestead credit for the second
5745-year a provisional bill is used, the county shall apply the standard
5746-deduction, supplemental standard deduction, or homestead credit
5747-calculated by the county's property system on the provisional bill.
5748-(c) For purposes of this section, property taxes that are:
5749-(1) first due and payable in the current calendar year on a
5750-provisional statement under section 6 or 6.5 of this chapter; and
5751-(2) based on property taxes first due and payable in the
5752-immediately preceding calendar year or on a percentage of those
5753-property taxes;
5754-are determined after excluding from the property taxes first due and
5755-payable in the immediately preceding calendar year property taxes
5756-SEA 1 — Concur 135
5757-imposed by one (1) or more taxing units in which the tangible property
5758-is located that are attributable to a levy that no longer applies for
5759-property taxes first due and payable in the current calendar year.
5760-(d) If there was no property tax rate of the cross-county entity for
5761-taxes first due and payable in the immediately preceding calendar year
5762-for use under subsection (a)(2)(B), the department of local government
5763-finance shall provide an estimated tax rate calculated to approximate
5764-the actual tax rate that will apply when the tax rate is finally
5765-determined.
5766-(e) The department of local government finance shall:
5767-(1) authorize the types of adjustments to tax liability that a county
5768-treasurer may approve under subsection (a)(2)(A) including:
5769-(A) adjustments for any new construction on the property or
5770-any damage to the property;
5771-(B) any necessary adjustments for credits, deductions, or the
5772-local income tax;
5773-(C) adjustments to include current year special assessments or
5774-exclude special assessments payable in the year of the
5775-assessment date but not payable in the current year;
5776-(D) adjustments to include delinquent:
5777-(i) taxes; and
5778-(ii) special assessments;
5779-(E) adjustments to include penalties that are due and owing;
5780-and
5781-(F) adjustments to include interest that is due and owing; and
5782-(2) notify county treasurers in writing of the types of adjustments
5783-authorized under subdivision (1).
5784-SECTION 78. IC 6-1.1-30-20 IS ADDED TO THE INDIANA
5785-CODE AS A NEW SECTION TO READ AS FOLLOWS
5786-[EFFECTIVE UPON PASSAGE]: Sec. 20. (a) The department shall
5787-develop and maintain a property tax transparency portal on the
5788-department's current website through which taxpayers may:
5789-(1) compare the property tax liability in their current tax
5790-statement compared to their potential property tax liability
5791-based on changes under a proposed tax rate; and
5792-(2) provide taxpayer feedback to the department and local
5793-units.
5794-(b) The department shall make the portal available for taxpayer
5795-use not later than January 1, 2026.
5796-SECTION 79. IC 6-1.1-31-14 IS ADDED TO THE INDIANA
5797-CODE AS A NEW SECTION TO READ AS FOLLOWS
5798-[EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14. The
5799-SEA 1 — Concur 136
5800-department of local government finance shall develop or amend
5801-forms and returns for property taxation of assessable depreciable
5802-personal property to reflect the enactment of IC 6-1.1-3-29 and the
5803-enactment of IC 6-1.1-8-45.
5804-SECTION 80. IC 6-1.1-36-17, AS AMENDED BY P.L.85-2017,
5805-SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5806-JULY 1, 2026]: Sec. 17. (a) As used in this section, "nonreverting
5807-fund" refers to a nonreverting fund established under subsection (d).
5808-(b) If a county auditor makes a determination that property was not
5809-eligible for a standard deduction under IC 6-1.1-12-37 in a particular
5810-year within three (3) years after the date on which taxes for the
5811-particular year are first due, the county auditor may issue a notice of
5812-taxes, interest, and penalties due to the owner that improperly received
5813-the standard deduction and include a statement that the payment is to
5814-be made payable to the county auditor. The additional taxes and civil
5815-penalties that result from the removal of the deduction, if any, are
5816-imposed for property taxes first due and payable for an assessment date
5817-occurring before the earlier of the date of the notation made under
5818-subsection (c)(2)(A) or the date a notice of an ineligible homestead lien
5819-is recorded under subsection (e)(2) in the office of the county recorder.
5820-The notice must require full payment of the amount owed within:
5821-(1) one (1) year with no penalties and interest, if:
5822-(A) the taxpayer did not comply with the requirement to return
5823-the homestead verification form under IC 6-1.1-22-8.1(b)(9)
5824-(expired January 1, 2015); and
5825-(B) the county auditor allowed the taxpayer to receive the
5826-standard deduction in error; or
5827-(2) thirty (30) days, if subdivision (1) does not apply.
5828-With respect to property subject to a determination made under this
5829-subsection that is owned by a bona fide purchaser without knowledge
5830-of the determination, no lien attaches for any additional taxes and civil
5831-penalties that result from the removal of the deduction.
5832-(c) If a county auditor issues a notice of taxes, interest, and penalties
5833-due to an owner under subsection (b), the county auditor shall:
5834-(1) notify the county treasurer of the determination; and
5835-(2) do one (1) or more of the following:
5836-(A) Make a notation on the tax duplicate that the property is
5837-ineligible for the standard deduction and indicate the date the
5838-notation is made.
5839-(B) Record a notice of an ineligible homestead lien under
5840-subsection (e)(2).
5841-(d) Each county auditor shall establish a nonreverting fund. Upon
5842-SEA 1 — Concur 137
5843-collection of the adjustment in tax due (and any interest and penalties
5844-on that amount) after the termination of a deduction or credit as
5845-specified in subsection (b), the county treasurer shall deposit that
5846-amount:
5847-(1) in the nonreverting fund, if the county contains a consolidated
5848-city; or
5849-(2) if the county does not contain a consolidated city:
5850-(A) in the nonreverting fund, to the extent that the amount
5851-collected, after deducting the direct cost of any contract,
5852-including contract related expenses, under which the
5853-contractor is required to identify homestead deduction
5854-eligibility, does not cause the total amount deposited in the
5855-nonreverting fund under this subsection for the year during
5856-which the amount is collected to exceed one hundred thousand
5857-dollars ($100,000); or
5858-(B) in the county general fund, to the extent that the amount
5859-collected exceeds the amount that may be deposited in the
5860-nonreverting fund under clause (A).
5861-(e) Any part of the amount due under subsection (b) that is not
5862-collected by the due date is subject to collection under one (1) or more
5863-of the following:
5864-(1) After being placed on the tax duplicate for the affected
5865-property and collected in the same manner as other property taxes.
5866-(2) Through a notice of an ineligible homestead lien recorded in
5867-the county recorder's office without charge.
5868-The adjustment in tax due (and any interest and penalties on that
5869-amount) after the termination of a deduction or credit as specified in
5870-subsection (b) shall be deposited as specified in subsection (d) only in
5871-the first year in which that amount is collected. Upon the collection of
5872-the amount due under subsection (b) or the release of a lien recorded
5873-under subdivision (2), the county auditor shall submit the appropriate
5874-documentation to the county recorder, who shall amend the information
5875-recorded under subdivision (2) without charge to indicate that the lien
5876-has been released or the amount has been paid in full.
5877-(f) The amount to be deposited in the nonreverting fund or the
5878-county general fund under subsection (d) includes adjustments in the
5879-tax due as a result of the termination of deductions or credits available
5880-only for property that satisfies the eligibility for a standard deduction
5881-under IC 6-1.1-12-37, including the following:
5882-(1) Supplemental deductions under IC 6-1.1-12-37.5.
5883-(2) Homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before its
5884-expiration), IC 6-3.6-11-3 (before its expiration), or any other
5885-SEA 1 — Concur 138
5886-law.
5887-(3) Credit for excessive property taxes under IC 6-1.1-20.6-7.5 or
5888-IC 6-1.1-20.6-8.5.
5889-Any amount paid that exceeds the amount required to be deposited
5890-under subsection (d)(1) or (d)(2) shall be distributed as property taxes.
5891-(g) Money deposited under subsection (d)(1) or (d)(2) shall be
5892-treated as miscellaneous revenue. Distributions shall be made from the
5893-nonreverting fund established under this section upon appropriation by
5894-the county fiscal body and shall be made only for the following
5895-purposes:
5896-(1) Fees and other costs incurred by the county auditor to discover
5897-property that is eligible for a standard deduction under
5898-IC 6-1.1-12-37.
5899-(2) Other expenses of the office of the county auditor.
5900-The amount of deposits in a reverting fund, the balance of a
5901-nonreverting fund, and expenditures from a reverting fund may not be
5902-considered in establishing the budget of the office of the county auditor
5903-or in setting property tax levies that will be used in any part to fund the
5904-office of the county auditor.
5905-SECTION 81. IC 6-1.1-37-4 IS AMENDED TO READ AS
5906-FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
5907-Sec. 4. A person who makes a false statement, with intent to obtain the
5908-property tax deduction provided in either IC 6-1.1-12-13 or
5909-IC 6-1.1-12-14 (before their expiration), when he the person is not
5910-entitled to the deduction, commits a Class B misdemeanor.
5911-SECTION 82. IC 6-1.1-40-10, AS AMENDED BY
5912-P.L.212-2018(ss), SECTION 16, IS AMENDED TO READ AS
5913-FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
5914-Sec. 10. (a) The deduction under this section applies only to new
5915-manufacturing equipment installed before July 1, 2018.
5916-(b) Subject to subsection (e), an owner of new manufacturing
5917-equipment whose statement of benefits is approved is entitled to a
5918-deduction from the assessed value of that equipment for a period of ten
5919-(10) years. Except as provided in subsections (c) and (d), and subject
5920-to subsection (e) and section 14 of this chapter, for the first five (5)
5921-years, the amount of the deduction for new manufacturing equipment
5922-that an owner is entitled to for a particular year equals the assessed
5923-value of the new manufacturing equipment. Subject to subsection (e)
5924-and section 14 of this chapter, for the sixth through the tenth year, the
5925-amount of the deduction equals the product of:
5926-(1) the assessed value of the new manufacturing equipment;
5927-multiplied by
5928-SEA 1 — Concur 139
5929-(2) the percentage prescribed in the following table:
5930-YEAR OF DEDUCTION PERCENTAGE
5931-6th 100%
5932-7th 95%
5933-8th 80%
5934-9th 65%
5935-10th 50%
5936-11th and thereafter 0%
5937-(c) A deduction under this section is not allowed in the first year the
5938-deduction is claimed for new manufacturing equipment to the extent
5939-that it would cause the assessed value of all of the personal property of
5940-the owner in the taxing district in which the equipment is located to be
5941-less than the assessed value of all of the personal property of the owner
5942-in that taxing district in the immediately preceding year.
5943-(d) If a deduction is not fully allowed under subsection (c) in the
5944-first year the deduction is claimed, then the percentages specified in
5945-subsection (b) apply in the subsequent years to the amount of deduction
5946-that was allowed in the first year.
5947-(e) For purposes of subsection (b), the assessed value of new
5948-manufacturing equipment that is part of an owner's assessable
5949-depreciable personal property in a single taxing district subject to the
5950-valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9
5951-IC 6-1.1-8-45 is the product of:
5952-(1) the assessed value of the equipment (excluding equipment
5953-installed after June 30, 2018) determined without regard to the
5954-valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50
5955-IAC 5.1-6-9; IC 6-1.1-8-45; multiplied by
5956-(2) the quotient of:
5957-(A) the amount of the valuation limitation determined under
5958-50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9 IC 6-1.1-8-45
5959-for all of the owner's depreciable personal property in the
5960-taxing district; divided by
5961-(B) the total true tax value of all of the owner's depreciable
5962-personal property in the taxing district that is subject to the
5963-valuation limitation in 50 IAC 4.2-4-9 IC 6-1.1-3-29 or 50
5964-IAC 5.1-6-9 IC 6-1.1-8-45 determined:
5965-(i) under the depreciation schedules in the rules of the
5966-department of local government finance before any
5967-adjustment for abnormal obsolescence; and
5968-(ii) without regard to the valuation limitation in 50
5969-IAC 4.2-4-9 IC 6-1.1-3-29 or 50 IAC 5.1-6-9.
5970-IC 6-1.1-8-45.
5971-SEA 1 — Concur 140
5972-SECTION 83. IC 6-1.1-42-22, AS AMENDED BY P.L.181-2016,
5973-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5974-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 22. (a) The designating
5975-body shall determine whether to approve a deduction.
5976-(b) A designating body may not grant a deduction for a facility
5977-described in IC 6-1.1-12.1-3(e).
5978-(c) A property owner may not receive a deduction under this chapter
5979-for repairs or improvements to real property if the owner receives a
5980-deduction under either IC 6-1.1-12.1, IC 6-1.1-12-18 (before its
5981-expiration), IC 6-1.1-12-22 (before its expiration), or IC 6-1.1-12-28.5
5982-(before its expiration) for the same property.
5983-(d) A designating body may approve a deduction only if the
5984-following findings are made in the affirmative:
5985-(1) The applicant:
5986-(A) has never had an ownership interest in an entity that
5987-contributed; and
5988-(B) has not contributed;
5989-a contaminant (as defined in IC 13-11-2-42) that is the subject of
5990-the voluntary remediation, as determined under the written
5991-standards adopted by the department of environmental
5992-management.
5993-(2) The proposed improvement or property will be located in a
5994-zone.
5995-(3) The estimate of the value of the remediation and
5996-redevelopment is reasonable for projects of that nature.
5997-(4) The estimate of the number of individuals who will be
5998-employed or whose employment will be retained can be
5999-reasonably expected to result from the proposed described
6000-remediation and redevelopment.
6001-(5) The estimate of the annual salaries of those individuals who
6002-will be employed or whose employment will be retained can be
6003-reasonably expected to result from the proposed described
6004-remediation and redevelopment.
6005-(6) Any other benefits about which information was requested are
6006-benefits that can be reasonably expected to result from the
6007-proposed described remediation and redevelopment.
6008-(7) The totality of benefits is sufficient to justify the deduction.
6009-SECTION 84. IC 6-1.1-51.3 IS ADDED TO THE INDIANA CODE
6010-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6011-JANUARY 1, 2025 (RETROACTIVE)]:
6012-Chapter 51.3 Local Property Tax Credits
6013-Sec. 0.5. Each credit against local property taxes to which an
6014-SEA 1 — Concur 141
6015-individual is entitled for a particular year under this chapter shall
6016-be applied to an individual's property tax liability for the year after
6017-the application of any credit under IC 6-1.1-20.6-7.5, but before
6018-application of any other credits under this article or IC 6-3.6.
6019-Sec. 1. (a) An individual is entitled to a credit against local
6020-property taxes imposed on the individual's real property, or mobile
6021-home or manufactured home within the county, if:
6022-(1) the individual is at least sixty-five (65) years of age on or
6023-before December 31 of the calendar year preceding the year
6024-in which the credit is claimed;
6025-(2) the individual has owned the real property, mobile home,
6026-or manufactured home for at least one (1) year before
6027-claiming the credit; or the individual has been buying the real
6028-property, mobile home, or manufactured home under a
6029-contract that provides that the individual is to pay the
6030-property taxes on the real property, mobile home, or
6031-manufactured home for at least one (1) year before claiming
6032-the credit, and the contract or a memorandum of the contract
6033-is recorded in the county recorder's office;
6034-(3) the individual:
6035-(A) owns the real property, mobile home, or manufactured
6036-home; or
6037-(B) is buying the real property, mobile home, or
6038-manufactured home under contract;
6039-on the date the credit is claimed; and
6040-(4) the:
6041-(A) individual had, in the case of an individual who filed a
6042-single return, adjusted gross income (as defined in Section
6043-62 of the Internal Revenue Code) not exceeding sixty
6044-thousand dollars ($60,000);
6045-(B) individual had, in the case of an individual who filed a
6046-joint income tax return with the individual's spouse,
6047-combined adjusted gross income (as defined in Section 62
6048-of the Internal Revenue Code) not exceeding seventy
6049-thousand dollars ($70,000); or
6050-(C) combined adjusted gross income (as defined in Section
6051-62 of the Internal Revenue Code) of the individual and all
6052-other individuals with whom:
6053-(i) the individual shares ownership; or
6054-(ii) the individual is purchasing the property under a
6055-contract;
6056-as joint tenants or tenants in common did not exceed
6057-SEA 1 — Concur 142
6058-seventy thousand dollars ($70,000);
6059-for the calendar year preceding by two (2) years the calendar
6060-year in which the property taxes are first due and payable.
6061-(b) The amount of the credit is equal to one hundred fifty dollars
6062-($150).
6063-(c) An individual may not be denied the credit provided under
6064-this section because the individual is absent from the real property,
6065-mobile home, or manufactured home while in a nursing home or
6066-hospital.
6067-(d) For purposes of this section, if real property, a mobile home,
6068-or a manufactured home is owned by:
6069-(1) tenants by the entirety;
6070-(2) joint tenants; or
6071-(3) tenants in common;
6072-only one (1) credit may be allowed. However, the age requirement
6073-is satisfied if any one (1) of the tenants is at least sixty-five (65)
6074-years of age.
6075-(e) A surviving spouse is entitled to the credit provided by this
6076-section if:
6077-(1) the surviving spouse is at least sixty (60) years of age on or
6078-before December 31 of the calendar year preceding the year
6079-in which the credit is claimed;
6080-(2) the surviving spouse's deceased husband or wife was at
6081-least sixty-five (65) years of age at the time of a death; and
6082-(3) the surviving spouse has not remarried.
6083-(f) An individual who has sold real property to another person
6084-under a contract that provides that the contract buyer is to pay the
6085-property taxes on the real property may not claim the credit
6086-provided under this section against that real property.
6087-(g) If individuals share ownership or are purchasing the
6088-property under a contract as joint tenants or tenants in common
6089-and all of the tenants are not at least sixty-five (65) years of age, the
6090-credit allowed under this section shall be reduced by an amount
6091-equal to the credit multiplied by a fraction. The numerator of the
6092-fraction is the number of tenants who are not at least sixty-five (65)
6093-years of age, and the denominator is the total number of tenants.
6094-(h) An individual wishing to claim a credit under this section
6095-must file a statement, on forms prescribed by the department of
6096-local government finance, with the county auditor and provide
6097-documentation necessary to substantiate the individual's eligibility
6098-for the credit. The statement must be completed and dated on or
6099-before January 15 of the calendar year in which the property taxes
6100-SEA 1 — Concur 143
6101-are first due and payable. The statement may be filed in person or
6102-by mail. If mailed, the mailing must be postmarked on or before
6103-the last day for filing. An individual who remains eligible for the
6104-credit in the following year is not required to file a statement to
6105-apply for the credit in the following year. However, an individual
6106-who receives a credit under this section in a particular year and
6107-who becomes ineligible for the credit in the following year shall
6108-notify the auditor of the county in which the homestead is located
6109-of the individual's ineligibility not later than sixty (60) days after
6110-the individual becomes ineligible.
6111-Sec. 2. (a) An individual is entitled to a credit against local
6112-property taxes imposed on the individual's real property, or mobile
6113-home or manufactured home within the county, if:
6114-(1) the individual is blind or the individual has a disability;
6115-(2) the real property, mobile home, or manufactured home is
6116-principally used and occupied by the individual as the
6117-individual's residence; and
6118-(3) the individual:
6119-(A) owns the real property, mobile home, or manufactured
6120-home; or
6121-(B) is buying the real property, mobile home, or
6122-manufactured home under contract;
6123-on the date the credit is claimed, and in the case of clause (B),
6124-the contract or a memorandum of the contract is recorded in
6125-the county recorder's office.
6126-(b) The amount of the credit is equal to one hundred twenty-five
6127-dollars ($125).
6128-(c) For purposes of this section, "blind" has the same meaning
6129-as the definition contained in IC 12-7-2-21(1).
6130-(d) For purposes of this section, "individual with a disability"
6131-means a person unable to engage in any substantial gainful activity
6132-by reason of a medically determinable physical or mental
6133-impairment which:
6134-(1) can be expected to result in death; or
6135-(2) has lasted or can be expected to last for a continuous
6136-period of not less than twelve (12) months.
6137-(e) An individual with a disability filing a claim under this
6138-section shall submit proof of the disability. Proof that a claimant is
6139-eligible to receive disability benefits under the federal Social
6140-Security Act (42 U.S.C. 301 et seq.) shall constitute proof of
6141-disability for purposes of this section.
6142-(f) An individual with a disability not covered under the federal
6143-SEA 1 — Concur 144
6144-Social Security Act shall be examined by a physician and the
6145-individual's status as an individual with a disability determined by
6146-using the same standards as used by the Social Security
6147-Administration. The costs of this examination shall be borne by the
6148-claimant.
6149-(g) An individual who receives the credit provided by this
6150-section may not receive the credit provided by IC 6-1.1-20.6-8.5.
6151-However, the individual may receive any other property tax credit
6152-that the individual is entitled to by law.
6153-(h) An individual who has sold real property, a mobile home not
6154-assessed as real property, or a manufactured home not assessed as
6155-real property to another person under a contract that provides that
6156-the contract buyer is to pay the property taxes on the real
6157-property, mobile home, or manufactured home may not claim the
6158-credit provided under this section against that real property,
6159-mobile home, or manufactured home.
6160-(i) An individual wishing to claim a credit under this section
6161-must file a statement, on forms prescribed by the department of
6162-local government finance, with the county auditor and provide
6163-documentation necessary to substantiate the individual's eligibility
6164-for the credit. The statement must be completed and dated on or
6165-before January 15 of the calendar year in which the property taxes
6166-are first due and payable. The statement may be filed in person or
6167-by mail. If mailed, the mailing must be postmarked on or before
6168-the last day for filing. An individual who remains eligible for the
6169-credit in the following year is not required to file a statement to
6170-apply for the credit in the following year. However, an individual
6171-who receives a credit under this section in a particular year and
6172-who becomes ineligible for the credit in the following year shall
6173-notify the auditor of the county in which the homestead is located
6174-of the individual's ineligibility not later than sixty (60) days after
6175-the individual becomes ineligible.
6176-Sec. 3. (a) An individual is entitled to a credit against local
6177-property taxes imposed on the individual's real property, or mobile
6178-home or manufactured home within the county, if:
6179-(1) the individual served in the military or naval forces of the
6180-United States for at least ninety (90) days;
6181-(2) the individual received an honorable discharge;
6182-(3) the individual either:
6183-(A) has a total disability; or
6184-(B) is at least sixty-two (62) years of age and has a
6185-disability of at least ten percent (10%);
6186-SEA 1 — Concur 145
6187-(4) the individual's disability is evidenced by:
6188-(A) a pension certificate or an award of compensation
6189-issued by the United States Department of Veterans
6190-Affairs; or
6191-(B) a certificate of eligibility issued to the individual by the
6192-Indiana department of veterans' affairs after the Indiana
6193-department of veterans' affairs has determined that the
6194-individual's disability qualifies the individual to receive a
6195-credit under this section; and
6196-(5) the individual:
6197-(A) owns the real property, mobile home, or manufactured
6198-home; or
6199-(B) is buying the real property, mobile home, or
6200-manufactured home under contract;
6201-on the date the credit is claimed, and in the case of clause (B),
6202-the contract or a memorandum of the contract is recorded in
6203-the county recorder's office.
6204-(b) The amount of the credit is equal to one hundred fifty dollars
6205-($150).
6206-(c) The surviving spouse of an individual may receive the credit
6207-provided by this section if:
6208-(1) the individual satisfied the requirements of subsection
6209-(a)(1) through (a)(4) at the time of death; or
6210-(2) the individual:
6211-(A) was killed in action;
6212-(B) died while serving on active duty in the military or
6213-naval forces of the United States; or
6214-(C) died while performing inactive duty training in the
6215-military or naval forces of the United States; and
6216-the surviving spouse satisfies the requirement of subsection (a)(5)
6217-at the time the credit is claimed. The surviving spouse is entitled to
6218-the credit regardless of whether the property for which the credit
6219-is claimed was owned by the deceased veteran or the surviving
6220-spouse before the deceased veteran's death.
6221-(d) An individual who receives the credit provided by this
6222-section may not receive the credit provided by section 1 of this
6223-chapter. However, the individual may receive any other property
6224-tax credit that the individual is entitled to by law.
6225-(e) An individual who has sold real property or a mobile home
6226-or manufactured home to another person under a contract that
6227-provides that the contract buyer is to pay the property taxes on the
6228-real property, mobile home, or manufactured home may not claim
6229-SEA 1 — Concur 146
6230-the credit provided under this section against that real property,
6231-mobile home, or manufactured home.
6232-(f) An individual wishing to claim a credit under this section
6233-must file a statement, on forms prescribed by the department of
6234-local government finance, with the county auditor and provide
6235-documentation necessary to substantiate the individual's eligibility
6236-for the credit. The statement must be completed and dated on or
6237-before January 15 of the calendar year in which the property taxes
6238-are first due and payable. The statement may be filed in person or
6239-by mail. If mailed, the mailing must be postmarked on or before
6240-the last day for filing. An individual who remains eligible for the
6241-credit in the following year is not required to file a statement to
6242-apply for the credit in the following year. However, an individual
6243-who receives a credit under this section in a particular year and
6244-who becomes ineligible for the credit in the following year shall
6245-notify the auditor of the county in which the homestead is located
6246-of the individual's ineligibility not later than sixty (60) days after
6247-the individual becomes ineligible.
6248-Sec. 4. (a) An individual is entitled to a credit against local
6249-property taxes imposed on the individual's real property, or mobile
6250-home or manufactured home within the county, if:
6251-(1) the individual served in the military or naval forces of the
6252-United States during any of its wars;
6253-(2) the individual received an honorable discharge;
6254-(3) the individual has a disability with a service connected
6255-disability of ten percent (10%) or more;
6256-(4) the individual's disability is evidenced by:
6257-(A) a pension certificate, an award of compensation, or a
6258-disability compensation check issued by the United States
6259-Department of Veterans Affairs; or
6260-(B) a certificate of eligibility issued to the individual by the
6261-Indiana department of veterans' affairs after the Indiana
6262-department of veterans' affairs has determined that the
6263-individual's disability qualifies the individual to receive a
6264-credit under this section; and
6265-(5) the individual:
6266-(A) owns the real property, mobile home, or manufactured
6267-home; or
6268-(B) is buying the real property, mobile home, or
6269-manufactured home under contract;
6270-on the date the credit is claimed, and in the case of clause (B),
6271-the contract or a memorandum of the contract is recorded in
6272-SEA 1 — Concur 147
6273-the county recorder's office.
6274-(b) The amount of the credit is equal to two hundred fifty
6275-dollars ($250).
6276-(c) The surviving spouse of an individual may receive the credit
6277-provided by this section if the individual satisfied the requirements
6278-of subsection (a)(1) through (a)(4) at the time of death and the
6279-surviving spouse satisfies the requirement of subsection (a)(5) at
6280-the time the credit is claimed. The surviving spouse is entitled to
6281-the credit regardless of whether the property for which the credit
6282-is claimed was owned by the deceased veteran or the surviving
6283-spouse before the deceased veteran's death.
6284-(d) An individual who receives the credit provided by this
6285-section may not receive the credit provided by section 1 of this
6286-chapter. However, the individual may receive any other property
6287-tax credit that the individual is entitled to by law.
6288-(e) An individual who has sold real property or a mobile home
6289-or manufactured home to another person under a contract that
6290-provides that the contract buyer is to pay the property taxes on the
6291-real property, mobile home, or manufactured home may not claim
6292-the credit provided under this section against that real property,
6293-mobile home, or manufactured home.
6294-(f) An individual wishing to claim a credit under this section
6295-must file a statement, on forms prescribed by the department of
6296-local government finance, with the county auditor and provide
6297-documentation necessary to substantiate the individual's eligibility
6298-for the credit. The statement must be completed and dated on or
6299-before January 15 of the calendar year in which the property taxes
6300-are first due and payable. The statement may be filed in person or
6301-by mail. If mailed, the mailing must be postmarked on or before
6302-the last day for filing. An individual who remains eligible for the
6303-credit in the following year is not required to file a statement to
6304-apply for the credit in the following year. However, an individual
6305-who receives a credit under this section in a particular year and
6306-who becomes ineligible for the credit in the following year shall
6307-notify the auditor of the county in which the homestead is located
6308-of the individual's ineligibility not later than sixty (60) days after
6309-the individual becomes ineligible.
6310-SECTION 85. IC 6-1.1-52 IS ADDED TO THE INDIANA CODE
6311-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6312-JULY 1, 2025]:
6313-Chapter 52. County Option Homestead Property Tax Deferral
6314-Program
6315-SEA 1 — Concur 148
6316-Sec. 1. As used in this chapter, "homestead" means a homestead
6317-as defined in IC 6-1.1-12-37.
6318-Sec. 2. As used in this chapter, "homestead property tax
6319-liability" refers to a liability for property taxes:
6320-(1) that are assessed on tangible property that is a homestead,
6321-including all tangible property, regardless of type, located in
6322-any parcel that contains the homestead; and
6323-(2) that would be first due and payable in a certain year if the
6324-property taxes were not deferred under this chapter.
6325-The term refers to a property tax liability after the application of
6326-all deductions and credits for which the homestead is eligible.
6327-Sec. 3. As used in this chapter, "property taxes" refers to ad
6328-valorem property taxes. The term does not include special
6329-assessments, fees, or charges that are included by law on a tax
6330-statement issued under IC 6-1.1-22-8.1 or IC 6-1.1-22.5.
6331-Sec. 4. As used in this chapter, "qualified individual" means an
6332-individual who:
6333-(1) has a qualified interest in a homestead on the assessment
6334-date for which homestead property tax liability is imposed;
6335-(2) has held a qualified interest in the homestead for at least
6336-five (5) years before first applying for a deferral of homestead
6337-property tax liability;
6338-(3) uses the homestead in which the individual has a qualified
6339-interest as the individual's principal place of residence. An
6340-individual shall be treated as using a homestead as the
6341-individual's principal place of residence if the individual:
6342-(A) is absent from the homestead while in a health care
6343-facility (as defined in IC 16-18-2-161 or IC 16-28-13-0.5)
6344-for which payment is received from the United States
6345-Department of Health and Human Services for the
6346-individual's care; but
6347-(B) used the homestead as the individual's principal place
6348-of residence immediately before being admitted to a health
6349-care facility (as defined in IC 16-18-2-161 or
6350-IC 16-28-13-0.5);
6351-(4) is not delinquent in the payment of any property taxes,
6352-special assessments, or fees or charges that are included by
6353-law on a tax statement issued under IC 6-1.1-22-8.1 or
6354-IC 6-1.1-22.5; and
6355-(5) meets any other qualifications that a county may choose to
6356-require in an ordinance adopted under this chapter, which
6357-may include:
6358-SEA 1 — Concur 149
6359-(A) an age requirement for senior citizens;
6360-(B) an assessed value limitation (such as an assessed value
6361-limit of three hundred thousand dollars ($300,000));
6362-(C) veteran status; or
6363-(D) an income based limitation.
6364-Sec. 5. As used in this chapter, "qualified interest" means the
6365-following:
6366-(1) An ownership interest in a homestead.
6367-(2) An interest in a contract for the purchase of a homestead
6368-that:
6369-(A) is recorded in the county recorder's office; and
6370-(B) provides that a person purchasing the homestead is to
6371-pay the property taxes on the homestead.
6372-Sec. 6. (a) A county fiscal body may adopt an ordinance to
6373-establish a homestead property tax deferral program to be
6374-administered by the county treasurer as provided in this chapter.
6375-(b) An ordinance adopted under this section must apply to all of
6376-the territory of the county and allow a qualified individual to apply
6377-for and receive deferral of the qualified individual's homestead
6378-property tax liability as set forth in this chapter.
6379-(c) For a homestead property tax deferral program to be first
6380-applicable to property taxes first due and payable in a particular
6381-calendar year, the county fiscal body must adopt the ordinance to
6382-establish the homestead property tax deferral program not later
6383-than November 1 of the immediately preceding calendar year.
6384-Sec. 7. (a) Beginning with property taxes first due and payable
6385-in 2026, and subject to subsection (g), a qualified individual in a
6386-county with a homestead property tax deferral program may apply
6387-to the county auditor to defer the due date for the qualified
6388-individual's homestead property tax liability as permitted under
6389-this chapter.
6390-(b) A qualified individual may defer at least one hundred dollars
6391-($100), but not more than five hundred dollars ($500), of the
6392-qualified individual's homestead property tax liability in a given
6393-calendar year.
6394-(c) Except as provided in subsections (d) and (f), amounts
6395-deferred under this chapter for prior years may continue to
6396-accumulate until the delayed due date under this chapter.
6397-(d) A qualified individual may not defer more than ten thousand
6398-dollars ($10,000) of the qualified individual's homestead property
6399-tax liability over consecutive years.
6400-(e) The county treasurer may accrue interest on a qualified
6401-SEA 1 — Concur 150
6402-individual's deferred tax balance amount on a monthly basis not to
6403-exceed four percent (4%) beginning on the date of the deferral.
6404-(f) No deferral of homestead property tax liability shall be
6405-granted if the total amount of deferred taxes under this chapter
6406-plus the total amount of all other liens on the homestead property
6407-plus the outstanding principal on all mortgages on the homestead
6408-property exceed one hundred percent (100%) of the homestead's
6409-assessed value.
6410-(g) To be eligible for the homestead property tax deferral
6411-program, a qualified individual must:
6412-(1) submit with the homestead property tax deferral program
6413-application the written approval of any holder of a lien on the
6414-homestead property; and
6415-(2) agree to not pay the individual's remaining non-deferred
6416-payments by escrow.
6417-Sec. 8. (a) Before October 1, 2025, the department of local
6418-government finance shall prescribe and make available to the
6419-public a tax deferral loan application and agreement that must be
6420-used for purposes of this chapter.
6421-(b) A qualified individual wishing to obtain a deferral of
6422-homestead property tax liability for a calendar year must file with
6423-the county auditor a completed loan application on or before
6424-January 15 of the calendar year in which the property taxes are
6425-first due and payable and enter into a tax deferral agreement with
6426-the county auditor before March 1 of that year. Any recording fees
6427-required by a county recorder to file the application shall be paid
6428-by the taxpayer.
6429-(c) An application for a deferral must be filed with the county
6430-auditor in the county where the homestead is located. Upon the
6431-filing of an application, the county auditor shall immediately:
6432-(1) notify the county treasurer and transmit the information
6433-that the county treasurer needs to match the application with
6434-the county treasurer's records related to the homestead; and
6435-(2) review the application to determine:
6436-(A) whether the applicant qualifies for a deferral; and
6437-(B) the amount that may be deferred.
6438-(d) After an initial application, an applicant remains eligible for
6439-a deferral in subsequent years so long as the applicant continues to
6440-meet the eligibility requirements for deferral under this chapter.
6441-Sec. 9. (a) If the applicant is qualified for a deferral, the county
6442-auditor shall:
6443-(1) approve the deferral in the lesser of:
6444-SEA 1 — Concur 151
6445-(A) the amount requested by the applicant, which may not
6446-be less than one hundred dollars ($100); or
6447-(B) the maximum amount, which is five hundred dollars
6448-($500);
6449-(2) provide for the recording of the deferral in the county
6450-recorder's office specifying the amount of property tax
6451-deferred; and
6452-(3) notify the county treasurer and the department of local
6453-government finance of the amount deferred.
6454-(b) An applicant must enter into a tax deferral agreement with
6455-the county auditor for each year that homestead property taxes are
6456-deferred under this chapter.
6457-(c) The recording of a deferral in the county recorder's office
6458-shall constitute a lien on the homestead property.
6459-Sec. 10. (a) Property taxes deferred under this chapter are due
6460-and payable one hundred eighty (180) days after the date on which
6461-a deferral termination event occurs.
6462-(b) Subject to subsection (c), a deferral termination event occurs
6463-on the earlier of the following dates:
6464-(1) The first date on which the qualified individual who had a
6465-qualified interest in the homestead when the property taxes
6466-were deferred:
6467-(A) ceases to use the homestead as the individual's
6468-principal place of residence as provided in section 4(3) of
6469-this chapter; or
6470-(B) no longer has a qualified interest in the homestead.
6471-(2) The date of the death of the qualified individual who had
6472-a qualified interest in the homestead when property taxes
6473-were deferred.
6474-(c) This subsection applies only to a surviving spouse who was
6475-not a qualified individual on the date on which property taxes were
6476-deferred. If a deceased individual was a qualified individual on the
6477-date on which property taxes were deferred, the deceased
6478-individual's surviving spouse shall be treated after the deceased
6479-individual's death as if the surviving spouse had been a qualified
6480-individual on the date on which property taxes were deferred if:
6481-(1) the homestead was the surviving spouse's principal place
6482-of residence when the deceased qualified individual died; and
6483-(2) the surviving spouse has a qualified interest in the
6484-homestead not later than the later of:
6485-(A) the date of the deceased individual's death; or
6486-(B) the date on which the estate of the deceased individual
6487-SEA 1 — Concur 152
6488-transfers any part of the ownership of the homestead from
6489-the estate.
6490-Sec. 11. Deferred property taxes and accrued interest may be
6491-paid at any time on or before the delayed due date under section 10
6492-of this chapter. Payment of deferred property taxes after the
6493-delayed due date shall be collected in the same manner as
6494-delinquent property taxes.
6495-Sec. 12. (a) If a payment of deferred property taxes is made, the
6496-county treasurer shall notify the county auditor, the county
6497-recorder, and the state board of accounts on the form and in the
6498-manner prescribed by the state board of accounts. Notice to the
6499-county recorder must be in the form of a release of the lien on the
6500-homestead for the deferred property taxes. Any payment of
6501-deferred property taxes made within a particular installment
6502-period must be delineated by taxing district throughout the
6503-settlement process.
6504-(b) When payment of deferred property taxes is made, the
6505-deferred property taxes shall be apportioned and distributed
6506-among the respective funds of the taxing units in the same manner
6507-as other property taxes are apportioned and distributed in the
6508-calendar year in which the payment of deferred property taxes is
6509-made.
6510-Sec. 13. Whenever an individual who is a qualified individual on
6511-an assessment date for which property taxes were deferred:
6512-(1) ceases to use the homestead as the individual's principal
6513-place of residence as provided in section 4(3) of this chapter;
6514-(2) ceases to have a qualified interest in the homestead; or
6515-(3) changes the individual's qualified interest in the
6516-homestead;
6517-or a surviving spouse becomes a qualified individual, a person
6518-responsible for paying the property taxes on the homestead shall
6519-notify the county auditor in the county where the homestead is
6520-located on the form and in the manner prescribed by the
6521-department of local government finance. The county auditor shall
6522-review the information filed under this section to determine
6523-whether a deferral termination event has occurred.
6524-Sec. 14. (a) If, as the result of the filing of information with the
6525-county auditor or on the county auditor's own motion, the county
6526-auditor determines that a deferral termination event has occurred,
6527-the county auditor shall notify the county treasurer, the county
6528-recorder, and the department of local government finance on the
6529-form and in the manner prescribed by the department of local
6530-SEA 1 — Concur 153
6531-government finance.
6532-(b) A county auditor shall give written notice of each
6533-determination under this chapter to the qualified individuals for
6534-the affected homestead.
6535-Sec. 15. The county recorder shall record the following without
6536-charge in the miscellaneous records of the county recorder:
6537-(1) A statement of the amount of property tax deferred.
6538-(2) A statement of payment of deferred property taxes.
6539-(3) A notice of termination of a deferral.
6540-SECTION 86. IC 6-3-2-27.5, AS ADDED BY P.L.194-2023,
6541-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6542-JULY 1, 2027]: Sec. 27.5. (a) As used in this section, "compensation"
6543-means any wages, salaries, tips, or similar income that is subject to the
6544-withholding requirements under IC 6-3-4-8, or would otherwise be
6545-subject to the withholding requirements under IC 6-3-4-8 if not for the
6546-application of:
6547-(1) IC 6-3-4-8(d);
6548-(2) IC 6-3-5; or
6549-(3) this section.
6550-(b) As used in this section, "professional athlete" means:
6551-(1) an athlete, other than a team member (as defined in section
6552-2.7(a)(4) of this chapter) or a race team member (as defined in
6553-section 3.2(a)(4) of this chapter), who performs services in a
6554-professional athletic event for compensation;
6555-(2) a team member (as defined in section 2.7(a)(4) of this chapter)
6556-who has at least one (1) duty day in Indiana during a taxable year;
6557-or
6558-(3) a race team member (as defined in section 3.2(a)(4) of this
6559-chapter) who has at least one (1) duty day in Indiana during a
6560-taxable year.
6561-(c) As used in this section, "professional entertainer" means a
6562-person who performs services in the professional performing arts for
6563-compensation on a per-event basis.
6564-(d) As used in this section, "public figure" means a person of
6565-prominence who performs services at discrete events, including
6566-speeches, public appearances, and similar events, for compensation on
6567-a per-event basis.
6568-(e) As used in this section, "time and attendance system" means a
6569-system:
6570-(1) through which an employee is required, on a contemporaneous
6571-basis, to record the employee's work location for each day worked
6572-outside the state in which the employee's employment duties are
6573-SEA 1 — Concur 154
6574-primarily performed; and
6575-(2) which is designed to allow the employer to allocate the
6576-employee's compensation for income tax purposes among all
6577-states in which the employee performs employment duties.
6578-(f) Except as provided in subsection (j), compensation is exempt
6579-from the adjusted gross income tax imposed under this article and
6580-IC 6-3.6 if all of the following conditions are met:
6581-(1) The individual is not a resident of Indiana at any time during
6582-the calendar year in which the employee performs employment
6583-duties.
6584-(2) The individual receives compensation for employment duties
6585-performed by the individual in Indiana for thirty (30) days or less
6586-during the calendar year.
6587-(3) The compensation is not paid for employment duties
6588-performed by the individual in the individual's capacity as a
6589-professional athlete, professional entertainer, or public figure.
6590-(g) Except as otherwise provided in this section, an employer is not
6591-required to withhold taxes imposed under this article or IC 6-3.6 from
6592-compensation paid to an employee described in subsection (f).
6593-However, if the number of days that an employee performs
6594-employment duties in Indiana exceeds thirty (30) days, the employer
6595-shall withhold and remit tax to the state of Indiana from all
6596-compensation paid to the employee for every day on which the
6597-employee performed employment duties in Indiana, including the first
6598-thirty (30) days.
6599-(h) The department may not require payment of any penalties
6600-otherwise applicable for a failure to deduct and withhold income taxes
6601-under IC 6-3-4-8, if, when making the determination of whether
6602-withholding was required, either of the following applied:
6603-(1) The employer relied on a time and attendance system
6604-maintained by the employer specifically designed to allocate
6605-employee wages for income tax purposes among all taxing
6606-jurisdictions in which the employee performs employment duties
6607-for the employer.
6608-(2) The employer did not maintain a time and attendance system
6609-and the employer relied on the employee's annual determination
6610-of the time the employee expected to spend performing
6611-employment duties in Indiana, if:
6612-(A) the employer did not have actual knowledge of fraud on
6613-the part of the employee in making the determination; and
6614-(B) the employer and the employee did not collude to evade
6615-taxation in making the determination.
6616-SEA 1 — Concur 155
6617-An employer's maintaining of records as described in subdivision (1)
6618-does not preclude an employer's ability to rely on an employee's
6619-determination of the time the employee expected to spend performing
6620-employment duties in Indiana as described in subdivision (2) when
6621-making the determination of whether withholding is required.
6622-(i) For purposes of this section:
6623-(1) subject to subdivision (3), an employee shall be considered
6624-present and performing employment duties within Indiana if the
6625-employee performs more of the employee's employment duties
6626-within Indiana than in any other state during a particular day;
6627-(2) any portion of the day during which an employee is in transit
6628-may not be considered in determining the location of the
6629-employee's performance of employment duties; and
6630-(3) if an employee performs employment duties in the employee's
6631-state of residence and in only one (1) nonresident state during a
6632-particular day, the employee shall be considered to have
6633-performed more of the employee's employment duties in the
6634-nonresident state than in the state of residence for that day.
6635-(j) The following apply for purposes of this section:
6636-(1) If an individual receives compensation for employment duties
6637-performed by the individual both:
6638-(A) in the individual's capacity as a professional athlete,
6639-professional entertainer, or public figure; and
6640-(B) in some capacity other than the individual's capacity as a
6641-professional athlete, professional entertainer, or public figure;
6642-the exemption under this section may not be applied to the portion
6643-of compensation described in clause (B).
6644-(2) If an employee is working at a location other than a physical
6645-location of the employer, the employee shall be considered to be
6646-working in the state or states in which the services for the
6647-employer are performed, regardless of the physical location of the
6648-employer.
6649-(3) If an individual performs employment duties in Indiana for
6650-more than thirty (30) days during a calendar year, compensation
6651-received by the individual is not eligible for the exemption under
6652-this section.
6653-(4) If an individual performs substantially similar job duties for an
6654-employer both while designated as an employee and in some
6655-capacity other than as an employee during a calendar year, the
6656-number of days for which the individual shall be considered to
6657-have worked in Indiana with regard to that employer must be
6658-determined by aggregating the days for which the individual
6659-SEA 1 — Concur 156
6660-performed duties for the employer, whether designated as an
6661-employee or not.
6662-(5) If an employer or individual reasonably believes that an
6663-individual is an employee for a calendar year but the individual is
6664-later determined to not be an employee, the individual:
6665-(A) is subject to tax under this article and IC 6-3.6 on any
6666-income that otherwise would have been exempt under this
6667-section; and
6668-(B) is not subject to penalties under IC 6-3-4-4.1 or
6669-IC 6-8.1-10-2.1 based on the inclusion of amounts claimed as
6670-exempt under this section as income.
6671-(6) If an individual is not a resident of Indiana, amounts paid for
6672-vacation, sick, personal, or any other type of leave may not be
6673-considered as compensation in Indiana, and any day for which a
6674-type of leave is used may not be considered as a day for which the
6675-individual performed services for an employer unless the
6676-individual performed services for the employer in Indiana on that
6677-day and the day would otherwise be counted as a day of services
6678-performed in Indiana under this section.
6679-(7) The exemption provided under this section shall not apply to
6680-an individual's compensation that is deferred or delayed from a
6681-previous calendar year to a subsequent calendar year unless:
6682-(A) the individual was exempt from taxation under this section
6683-on the compensation for the calendar year in which the
6684-compensation was earned; and
6685-(B) the individual is not a resident of Indiana when the
6686-individual includes the compensation in the individual's
6687-federal gross income.
6688-(k) Nothing in this section may be construed to prevent an
6689-individual from being considered a local taxpayer (as defined in
6690-IC 6-3.6-2-13(2)), (as defined in IC 6-3.6), regardless of whether the
6691-individual's compensation is exempt under this section.
6692-SECTION 87. IC 6-3.5-4-1, AS AMENDED BY P.L.256-2017,
6693-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6694-JULY 1, 2027]: Sec. 1. The following definitions apply throughout this
6695-chapter:
6696-(1) "Adopting entity" means either the county council or the local
6697-income tax council established by IC 6-3.6-3-1 for the county,
6698-whichever adopts an ordinance to impose a surtax first. the
6699-adopting body specified in IC 6-3.6-3-1(a).
6700-(2) "County council" includes the city-county council of a county
6701-that contains a consolidated city of the first class.
6702-SEA 1 — Concur 157
6703-(3) "Vehicle" has the meaning set forth in IC 6-6-5-1(b).
6704-(4) "Net vehicle excise tax" means the tax due under IC 6-6-5
6705-after the application of the adjustments and credits provided by
6706-that chapter.
6707-(5) "Surtax" means the county vehicle excise tax imposed by an
6708-adopting entity under this chapter.
6709-(6) "Transportation asset management plan" includes planning for
6710-drainage systems and rights-of-way that affect transportation
6711-assets.
6712-SECTION 88. IC 6-3.5-4-1.1, AS AMENDED BY P.L.197-2016,
6713-SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6714-JULY 1, 2027]: Sec. 1.1. For purposes of acting as the adopting entity
6715-under this chapter, a local income tax council is comprised of the same
6716-members as the local income tax council that is established by
6717-IC 6-3.6-3-1 for the county. The local income tax council adopting
6718-entity shall use the same procedures that apply under IC 6-3.6-3 when
6719-acting as an adopting entity under this chapter.
6720-SECTION 89. IC 6-3.5-5-1, AS AMENDED BY P.L.256-2017,
6721-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6722-JULY 1, 2027]: Sec. 1. The following definitions apply throughout this
6723-chapter:
6724-(1) "Adopting entity" means either the county council or the local
6725-income tax council established by IC 6-3.6-3-1 for the county,
6726-whichever adopts an ordinance to impose a wheel tax first. the
6727-adopting body specified in IC 6-3.6-3-1(a).
6728-(2) "Bus" has the meaning set forth in IC 9-13-2-17.
6729-(3) "Commercial vehicle" has the meaning set forth in
6730-IC 6-6-5.5-1(b).
6731-(4) "County council" includes the city-county council of a county
6732-that contains a consolidated city of the first class.
6733-(5) "In-state miles" has the meaning set forth in IC 6-6-5.5-1(b).
6734-(6) "Political subdivision" has the meaning set forth in
6735-IC 34-6-2-110.
6736-(7) "Recreational vehicle" has the meaning set forth in
6737-IC 9-13-2-150.
6738-(8) "School bus" has the meaning set forth in IC 9-13-2-161(a).
6739-(9) "Semitrailer" has the meaning set forth in IC 9-13-2-164(a).
6740-(10) "State agency" has the meaning set forth in IC 34-6-2-141.
6741-(11) "Tractor" has the meaning set forth in IC 9-13-2-180.
6742-(12) "Trailer" has the meaning set forth in IC 9-13-2-184(a).
6743-(13) "Transportation asset management plan" includes planning
6744-for drainage systems and rights-of-way that affect transportation
6745-SEA 1 — Concur 158
6746-assets.
6747-(14) "Truck" has the meaning set forth in IC 9-13-2-188(a).
6748-(15) "Wheel tax" means the tax imposed under this chapter.
6749-SECTION 90. IC 6-3.5-5-1.1, AS AMENDED BY P.L.197-2016,
6750-SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6751-JULY 1, 2027]: Sec. 1.1. For purposes of acting as the adopting entity
6752-under this chapter, a local income tax council is comprised of the same
6753-members as the local income tax council that is established by
6754-IC 6-3.6-3-1 for the county. The local income tax council adopting
6755-entity shall use the same procedures that apply under IC 6-3.6-3 when
6756-acting as an adopting entity under this chapter.
6757-SECTION 91. IC 6-3.6-1-1, AS AMENDED BY P.L.130-2018,
6758-SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6759-JULY 1, 2027]: Sec. 1. (a) The purpose of this article is to consolidate
6760-and simplify the various local income tax laws (referred to as a "former
6761-tax" in this article) that are in effect on May 1, 2016, into a uniform law
6762-that transitions each county from the former taxes to the tax governed
6763-by this article.
6764-(b) Notwithstanding the effective date of the repeal of the former tax
6765-laws on January 1, 2017, an adopting body may not adopt any
6766-ordinances under a former tax after June 30, 2016. In addition,
6767-notwithstanding the effective date of this article being July 1, 2015, an
6768-adopting body may not take any action under this article before July 1,
6769-2016.
6770-(c) To carry out the transition, the office of management and budget,
6771-along with the appropriate state agencies and in cooperation with each
6772-county, shall do the following:
6773-(1) Document all terms, conditions, limitations, and obligations
6774-that exist under the former taxes.
6775-(2) Categorize the tax rate under the former taxes into the
6776-appropriate tax rate or rates under this article to provide revenue
6777-for all the same purposes for which revenue under a former tax
6778-was used in 2016, except to the extent required under this article
6779-and to the extent that an adopting body takes action under this
6780-article after June 30, 2016, to change the purposes and allocation
6781-of the revenue as permitted under this article. Matching the
6782-purposes of a former tax to the purposes under this article,
6783-including the apportionment, allocation, and distribution of
6784-revenue under this article shall be accomplished by using the best
6785-information available. These purposes include, but are not limited
6786-to, one (1) or more of the following:
6787-(A) Property tax credits using the options set forth in
6788-SEA 1 — Concur 159
6789-IC 6-3.6-5 (before its expiration). This categorization is
6790-limited to former tax rates that were dedicated to providing
6791-credits against property taxes under IC 6-3.5-1.1-26 (repealed),
6792-IC 6-3.5-6 (repealed), or IC 6-3.5-7 (repealed).
6793-(B) School corporation distributions and additional revenue.
6794-All former tax rates not used for a specified project or
6795-categorized under clause (A) shall be categorized under
6796-IC 6-3.6-6 using the former tax rates or dollar amounts that
6797-were dedicated for school corporation distributions, public
6798-safety, economic development, and certified shares.
6799-(C) A special purpose project (IC 6-3.6-7) using the former tax
6800-rate that was dedicated to the project.
6801-(d) The transition under this article shall be completed by August 1,
6802-2016, for purposes of local government budgets for 2017 and for
6803-purposes of the distribution and allocation of revenue under this article
6804-after December 31, 2016.
6805-SECTION 92. IC 6-3.6-1-1.5, AS ADDED BY P.L.197-2016,
6806-SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6807-JULY 1, 2027]: Sec. 1.5. (a) In counties that adopted a homestead
6808-credit under IC 6-3.5-6-13 (before its repeal January 1, 2017), the
6809-transition from the former taxes to the taxes governed under this article
6810-shall include the transition of the homestead credit under IC 6-3.5-6-13
6811-(before its repeal January 1, 2017) to a property tax relief rate under
6812-IC 6-3.6-5 (before its expiration).
6813-(b) To accomplish the transition under this section, the department
6814-of local government finance shall determine the portion of the income
6815-tax rate under IC 6-3.5-6-8 (before its repeal January 1, 2017) that is
6816-attributable to the homestead credit approved under IC 6-3.5-6-13
6817-(before its repeal January 1, 2017) and shall allocate that portion of the
6818-income tax rate that is attributable to the homestead credit under
6819-IC 6-3.5-6-13 (before its repeal January 1, 2017) to the property tax
6820-relief rate under IC 6-3.6-5 (before its expiration).
6821-(c) The department of local government finance shall notify each
6822-affected county of the rate that will be allocated to the property tax
6823-relief rate not later than July 1, 2016. In addition, the department of
6824-local government finance shall notify the state budget agency of the
6825-transition under this section.
6826-(d) The approval of the local income tax council is not required for
6827-the transition of the homestead credit under IC 6-3.5-6-13 (before its
6828-repeal January 1, 2017) to a property tax relief rate as set forth in this
6829-section.
6830-(d) This section expires July 1, 2028.
6831-SEA 1 — Concur 160
6832-SECTION 93. IC 6-3.6-1-3, AS AMENDED BY P.L.197-2016,
6833-SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6834-JULY 1, 2027]: Sec. 3. (a) Except to the extent that taxes imposed in
6835-a county under or determined under:
6836-(1) IC 6-3.5-1.1 (repealed);
6837-(2) IC 6-3.5-1.5 (repealed);
6838-(3) IC 6-3.5-6 (repealed); or
6839-(4) IC 6-3.5-7 (repealed);
6840-are increased, decreased, or rescinded under this article, the total tax
6841-rate in effect in a county under the provisions described in subdivisions
6842-(1) through (4) on May 1, 2016, continue in effect after May 1, 2016,
6843-and shall be treated as taxes imposed under this article.
6844-(b) Notwithstanding subsection (a) or any other provision of this
6845-article, a property tax relief rate imposed in a county under
6846-IC 6-3.6-5 (before its expiration) expires December 31, 2027.
6847-SECTION 94. IC 6-3.6-1-4, AS AMENDED BY P.L.197-2016,
6848-SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6849-JULY 1, 2027]: Sec. 4. Notwithstanding:
6850-(1) IC 6-3.5-1.1 (repealed);
6851-(2) IC 6-3.5-1.5 (repealed);
6852-(3) IC 6-3.5-6 (repealed); or
6853-(4) IC 6-3.5-7 (repealed);
6854-a change in a tax imposed under a provision described in subdivisions
6855-(1) through (4), credits related to property taxes provided under
6856-IC 6-3.6-5 (before its expiration), allocations of tax revenue, and
6857-pledges for payment from tax revenue after December 31, 2016, must
6858-be made under this article and not under the provisions described in
6859-subdivisions (1) through (4).
6860-SECTION 95. IC 6-3.6-2-2, AS AMENDED BY P.L.239-2017,
6861-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6862-JANUARY 1, 2028]: Sec. 2. "Adjusted gross income" has the meaning
6863-set forth in IC 6-3-1-3.5. However:
6864-(1) except as provided in subdivision (3), in the case of a local
6865-taxpayer who is not treated as a resident local taxpayer of a
6866-county, the term includes only adjusted gross income derived
6867-from the taxpayer's principal place of business or employment;
6868-(2) (1) in the case of a resident local taxpayer of Perry County, the
6869-term does not include adjusted gross income described in
6870-IC 6-3.6-8-7; and
6871-(3) (2) in the case of a local taxpayer described in section 13(3)
6872-of this chapter, the term includes only that part of the individual's
6873-total income that:
6874-SEA 1 — Concur 161
6875-(A) is apportioned to Indiana under IC 6-3-2-2.7 or
6876-IC 6-3-2-3.2; and
6877-(B) is paid to the individual as compensation for services
6878-rendered in the county (or municipality in the case of a local
6879-income tax imposed under IC 6-3.6-6-22) as a team member
6880-or race team member.
6881-SECTION 96. IC 6-3.6-2-4 IS REPEALED [EFFECTIVE JULY 1,
6882-2027]. Sec. 4. "Attributed allocation amount" equals the sum of the
6883-following:
6884-(1) The allocation amount of the civil taxing unit for that calendar
6885-year.
6886-(2) In the case of a county taxing unit, the welfare allocation
6887-amount.
6888-SECTION 97. IC 6-3.6-2-5, AS ADDED BY P.L.243-2015,
6889-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6890-JULY 1, 2027]: Sec. 5. "Certified distribution" refers to the amount
6891-certified under IC 6-3.6-9-5(b), IC 6-3.6-9-5(a), as adjusted under
6892-IC 6-3.6-9.
6893-SECTION 98. IC 6-3.6-2-7.4, AS AMENDED BY P.L.137-2024,
6894-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6895-UPON PASSAGE]: Sec. 7.4. "County with a single voting bloc" means
6896-a county that has a local income tax council in which one (1) city that
6897-is a member of the local income tax council or one (1) town that is a
6898-member of the local income tax council is allocated more than fifty
6899-percent (50%) of the total one hundred (100) votes allocated under
6900-IC 6-3.6-3-6(d). This section expires May 31, 2025. 2027.
6901-SECTION 99. IC 6-3.6-2-12 IS REPEALED [EFFECTIVE JULY
6902-1, 2027]. Sec. 12. "Local income tax council" means a council
6903-established by IC 6-3.6-3-1.
6904-SECTION 100. IC 6-3.6-2-13, AS AMENDED BY P.L.239-2017,
6905-SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6906-JANUARY 1, 2028]: Sec. 13. "Local taxpayer" as it relates to a
6907-particular county, means any of the following:
6908-(1) As it relates to a particular county (or municipality in the
6909-case of a local income tax imposed under IC 6-3.6-6-22), an
6910-individual who resides in that county (or municipality in the
6911-case of a local income tax imposed under IC 6-3.6-6-22) on the
6912-date specified in IC 6-3.6-8-3.
6913-(2) As it relates to a particular county, an individual who
6914-maintains the taxpayer's principal place of business or
6915-employment in that county on the date specified in IC 6-3.6-8-3
6916-and who does not reside on that same date in another county in
6917-SEA 1 — Concur 162
6918-Indiana in which a tax under this article is in effect. However, for
6919-purposes of a local income tax imposed by a municipality
6920-under IC 6-3.6-6-22, the term does not include an individual
6921-described in this subdivision.
6922-(3) As it relates to a particular county, and only for purposes
6923-of a rate imposed by a county under 6-3.6-6-2(b)(3), the term
6924-includes an individual who:
6925-(A) has income apportioned to Indiana as:
6926-(i) a team member under IC 6-3-2-2.7; or
6927-(ii) a race team member under IC 6-3-2-3.2;
6928-for services rendered in the county; and
6929-(B) is not described in subdivision (1) or (2).
6930-SECTION 101. IC 6-3.6-2-15, AS ADDED BY P.L.243-2015,
6931-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6932-JANUARY 1, 2028]: Sec. 15. "Resident local taxpayer", as it relates to
6933-a particular county (or municipality in the case of a local income tax
6934-imposed under IC 6-3.6-6-22), means any local taxpayer who resides
6935-in that county (or municipality in the case of a local income tax
6936-imposed under IC 6-3.6-6-22) on the date specified in IC 6-3.6-8-3.
6937-SECTION 102. IC 6-3.6-3-1, AS AMENDED BY P.L.137-2024,
6938-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6939-JULY 1, 2027]: Sec. 1. (a) The fiscal body of the county is the
6940-adopting body for a county.
6941-(b) The fiscal body of the city or town is the adopting body for
6942-a city or town for purposes of adopting a municipal rate under
6943-IC 6-3.6-6-22. following is the adopting body for a county:
6944-(1) The local income tax council in a county in which the county
6945-income tax council adopted either:
6946-(A) a county option income tax under IC 6-3.5-6 (repealed)
6947-that was in effect on January 1, 2015; or
6948-(B) a county economic development income tax for the county
6949-under IC 6-3.5-7 (repealed) that was in effect on January 1,
6950-2015.
6951-(2) The county fiscal body in any other county.
6952-(3) The county fiscal body for purposes of adopting a rate
6953-dedicated to paying for a PSAP in the county as permitted by
6954-IC 6-3.6-6-2.5.
6955-(4) The county fiscal body for purposes of adopting a rate
6956-dedicated to paying for acute care hospitals in the county as
6957-permitted by IC 6-3.6-6-2.6.
6958-(5) The county fiscal body for purposes of adopting a rate
6959-dedicated to paying for correctional facilities and rehabilitation
6960-SEA 1 — Concur 163
6961-facilities in the county as permitted by IC 6-3.6-6-2.7.
6962-(b) A local income tax council is established for each county. The
6963-membership of each county's local income tax council consists of the
6964-fiscal body of the county and the fiscal body of each city or town that
6965-lies either partially or entirely within that county.
6966-SECTION 103. IC 6-3.6-3-3, AS AMENDED BY P.L.236-2023,
6967-SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6968-JULY 1, 2027]: Sec. 3. (a) Except as provided in subsection (f), an
6969-ordinance adopted by a county under this article takes effect as
6970-provided in this section.
6971-(b) An ordinance that adopts, increases, decreases, or rescinds a tax
6972-or a tax rate takes effect as follows:
6973-(1) An ordinance adopted after December 31 of the immediately
6974-preceding year and before September 1 of the current year takes
6975-effect on October 1 of the current year.
6976-(2) An ordinance adopted after August 31 and before November
6977-1 of the current year takes effect on January 1 of the following
6978-year.
6979-(3) An ordinance adopted after October 31 of the current year and
6980-before January 1 of the following year takes effect on October 1
6981-of the following year.
6982-(1) An ordinance adopted on or before October 1 of a
6983-calendar year shall take effect on January 1 of the calendar
6984-year that immediately succeeds the year in which the
6985-ordinance is adopted.
6986-(2) An ordinance adopted after October 1 of a calendar year
6987-shall take effect on January 1 of the second succeeding
6988-calendar year following the year the ordinance is adopted.
6989-However, an ordinance adopted to impose a tax rate under
6990-IC 6-3.6-6-2(b)(3) or IC 6-3.6-6-2(b)(4) must be adopted on or
6991-before October 1 of a calendar year.
6992-(c) An ordinance that grants, increases, decreases, rescinds, or
6993-changes a credit against the property tax liability of a taxpayer under
6994-IC 6-3.6-5 (before its expiration) takes effect as follows:
6995-(1) An ordinance adopted after December 31 of the immediately
6996-preceding year and before November 2 of the current year takes
6997-effect on January 1 of, and applies to property taxes first due and
6998-payable in, the year immediately following the year in which the
6999-ordinance is adopted.
7000-(2) An ordinance adopted after November 1 of the current year
7001-and before January 1 of the immediately succeeding year takes
7002-effect on January 1 of, and applies to property taxes first due and
7003-SEA 1 — Concur 164
7004-payable in, the year that follows the current year by two (2) years.
7005-This subsection expires December 31, 2027.
7006-(d) An ordinance that grants, increases, decreases, rescinds, or
7007-changes a distribution or allocation of taxes takes effect as follows:
7008-(1) An ordinance adopted after December 31 of the immediately
7009-preceding year and before November 2 of the current year takes
7010-effect January 1 of the year immediately following the year in
7011-which the ordinance is adopted.
7012-(2) An ordinance adopted after November 1 of the current year
7013-and before January 1 of the immediately succeeding year takes
7014-effect January 1 of the year that follows the current year by two
7015-(2) years.
7016-(1) An ordinance adopted on or before October 1 of a
7017-calendar year shall take effect on January 1 of the calendar
7018-year that immediately succeeds the year in which the
7019-ordinance is adopted.
7020-(2) An ordinance adopted after October 1 of a calendar year
7021-shall take effect on January 1 of the second succeeding
7022-calendar year following the year the ordinance is adopted.
7023-(e) An ordinance not described in subsections (b) through (d) takes
7024-effect as provided under IC 36 for other ordinances of the
7025-governmental entity adopting the ordinance.
7026-(f) An ordinance described in section 7(e) or 7.5(e) of this chapter
7027-that changes a tax rate or changes the allocation of revenue received
7028-from a tax rate does not take effect as provided under this section if the
7029-county adopting body fails to meet the required deadlines for notice
7030-described in section 7(e) or 7.5(e) of this chapter. If an ordinance does
7031-not take effect, the tax rate or allocation, as applicable, that is subject
7032-to the proposed change in the ordinance shall be the lesser of the:
7033-(1) applicable distribution schedule for the certified distribution
7034-for the upcoming calendar year; or
7035-(2) applicable distribution schedule for the certified distribution
7036-for the current calendar year;
7037-unless, or until, a subsequent ordinance is adopted and the required
7038-deadlines for notice described in section 7(e) or 7.5(e) of this chapter
7039-are met. This subsection expires January 1, 2025.
7040-SECTION 104. IC 6-3.6-3-3.3 IS ADDED TO THE INDIANA
7041-CODE AS A NEW SECTION TO READ AS FOLLOWS
7042-[EFFECTIVE JULY 1, 2027]: Sec. 3.3. (a) This section applies to an
7043-ordinance adopted by a city or town that adopts, increases,
7044-decreases, or rescinds a tax or a tax rate under IC 6-3.6-6-22.
7045-(b) An ordinance adopted by a city or town on or before
7046-SEA 1 — Concur 165
7047-October 1 of a calendar year shall take effect on January 1 of the
7048-calendar year that immediately succeeds the year in which the
7049-ordinance is adopted.
7050-(c) An ordinance adopted by a city or town after October 1 of a
7051-calendar year shall take effect on January 1 of the second
7052-succeeding calendar year following the year the ordinance is
7053-adopted.
7054-SECTION 105. IC 6-3.6-3-4, AS AMENDED BY P.L.236-2023,
7055-SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7056-JULY 1, 2027]: Sec. 4. (a) Except for a tax rate that has an expiration
7057-date, and except as provided in section 3(f) of this chapter (before its
7058-expiration), a tax rate remains in effect until the effective date of an
7059-ordinance that increases, decreases, or rescinds that tax rate.
7060-(b) A tax rate may not be changed more than once each year under
7061-this article.
7062-(c) A local income tax expenditure tax rate that is imposed in a
7063-county under IC 6-3.6-6 continues in effect after December 31,
7064-2027, only if the adopting body adopts an ordinance to renew the
7065-expenditure tax rate beginning January 1, 2028. An ordinance
7066-under this subsection must be adopted by the adopting body on or
7067-before October 1, 2027, as set forth in section 3(b)(1) of this
7068-chapter. However, this subsection shall not be construed to
7069-prohibit an adopting body that fails to adopt an ordinance to
7070-continue an expenditure tax rate after December 31, 2027, from
7071-adopting an ordinance under this article to impose, renew, or
7072-modify an expenditure tax rate under IC 6-3.6-6 beginning
7073-January 1, 2029, or any year thereafter.
7074-SECTION 106. IC 6-3.6-3-5, AS AMENDED BY P.L.137-2024,
7075-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7076-JULY 1, 2027]: Sec. 5. (a) The auditor of a county (or the fiscal
7077-officer of a municipality in the case of a local income tax imposed
7078-under IC 6-3.6-6-22) shall record all votes taken on ordinances
7079-presented for a vote under this article and not more than ten (10) days
7080-after the vote, send a certified copy of the results to:
7081-(1) the commissioner of the department of state revenue; and
7082-(2) the commissioner of the department of local government
7083-finance;
7084-in an electronic format approved by the commissioner of the
7085-department of local government finance.
7086-(b) Except as provided in subsection (c), this subsection applies only
7087-to a county that has a local income tax council. The county auditor may
7088-cease sending certified copies after the county auditor sends a certified
7089-SEA 1 — Concur 166
7090-copy of results showing that members of the local income tax council
7091-have cast a majority of the votes on the local income tax council for or
7092-against the proposed ordinance.
7093-(c) This subsection applies only to a county with a single voting bloc
7094-that proposes to increase (but not decrease) a tax rate in the county. The
7095-county auditor may cease sending certified copies of the votes on the
7096-local income tax council voting as a whole under section 9.5 of this
7097-chapter after the county auditor sends a certified copy of results
7098-showing that the individuals who sit on the fiscal bodies of the county,
7099-cities, and towns that are members of the local income tax council have
7100-cast a majority of the votes on the local income tax council voting as a
7101-whole under section 9.5 of this chapter for or against the proposed
7102-ordinance. This subsection expires May 31, 2025.
7103-SECTION 107. IC 6-3.6-3-6 IS REPEALED [EFFECTIVE JULY
7104-1, 2027]. Sec. 6. (a) This section applies to a county in which the
7105-county adopting body is a local income tax council.
7106-(b) In the case of a city or town that lies within more than one (1)
7107-county, the county auditor of each county shall base the allocations
7108-required by subsections (d) and (e) on the population of that part of the
7109-city or town that lies within the county for which the allocations are
7110-being made.
7111-(c) Each local income tax council has a total of one hundred (100)
7112-votes.
7113-(d) Each county, city, or town that is a member of a local income tax
7114-council is allocated a percentage of the total one hundred (100) votes
7115-that may be cast. The percentage that a city or town is allocated for a
7116-year equals the same percentage that the population of the city or town
7117-bears to the population of the county. The percentage that the county
7118-is allocated for a year equals the same percentage that the population
7119-of all areas in the county not located in a city or town bears to the
7120-population of the county.
7121-(e) This subsection applies only to a county with a single voting
7122-bloc. Each individual who sits on the fiscal body of a county, city, or
7123-town that is a member of the local income tax council is allocated for
7124-a year the number of votes equal to the total number of votes allocated
7125-to the particular county, city, or town under subsection (d) divided by
7126-the number of members on the fiscal body of the county, city, or town.
7127-This subsection expires May 31, 2025.
7128-(f) On or before January 1 of each year, the county auditor shall
7129-certify to each member of the local income tax council the number of
7130-votes, rounded to the nearest one hundredth (0.01), each member has
7131-for that year.
7132-SEA 1 — Concur 167
7133-(g) This subsection applies only to a county with a single voting
7134-bloc. On or before January 1 of each year, in addition to the
7135-certification to each member of the local income tax council under
7136-subsection (f), the county auditor shall certify to each individual who
7137-sits on the fiscal body of each county, city, or town that is a member of
7138-the local income tax council the number of votes, rounded to the
7139-nearest one hundredth (0.01), each individual has under subsection (e)
7140-for that year. This subsection expires May 31, 2025.
7141-SECTION 108. IC 6-3.6-3-7 IS REPEALED [EFFECTIVE JULY
7142-1, 2027]. Sec. 7. (a) This section applies to a county in which the
7143-county adopting body is a local income tax council.
7144-(b) Before a member of the local income tax council may propose
7145-an ordinance under section 8 of this chapter, or vote on a proposed
7146-ordinance (including a proposed ordinance under section 8(e) of this
7147-chapter that is being considered by the local income tax council as a
7148-whole as required under section 9.5 of this chapter (before its
7149-expiration)), the member must hold a public hearing on the proposed
7150-ordinance and provide the public with notice of the time and place
7151-where the public hearing will be held.
7152-(c) The notice required by subsection (b) must be given in
7153-accordance with IC 5-3-1 and include the proposed ordinance or
7154-resolution to propose an ordinance.
7155-(d) In addition to the notice required by subsection (b), the adopting
7156-body shall also provide a copy of the notice to all taxing units in the
7157-county at least ten (10) days before the public hearing.
7158-(e) If a county adopting body makes any fiscal decision that has a
7159-financial impact to an underlying local taxing unit, the decision must
7160-be made, and notice must be given to the affected local taxing unit, by
7161-August 1 of a year. If a county adopting body passes an ordinance
7162-changing the allocation of local income tax revenue to a local taxing
7163-unit, the county adopting body must provide direct notice, in addition
7164-to the public notice described in subsection (b), to the affected local
7165-taxing unit within fifteen (15) days of the passage of the ordinance. The
7166-county adopting body must provide confirmation to the department of
7167-state revenue and the department of local government finance that
7168-direct notice was provided to the affected local taxing units within
7169-fifteen (15) days of the passage of the ordinance.
7170-SECTION 109. IC 6-3.6-3-8 IS REPEALED [EFFECTIVE JULY
7171-1, 2027]. Sec. 8. (a) This section applies to a county in which the
7172-county adopting body is a local income tax council.
7173-(b) Except as provided in subsection (e), any member of a local
7174-income tax council may present an ordinance for passage. To do so, the
7175-SEA 1 — Concur 168
7176-member must adopt a resolution to propose the ordinance to the local
7177-income tax council and distribute a copy of the proposed ordinance to
7178-the county auditor. The county auditor shall treat any proposed
7179-ordinance distributed to the auditor under this section as a casting of all
7180-that member's votes in favor of the proposed ordinance.
7181-(c) Except as provided in subsection (f), the county auditor shall
7182-deliver copies of a proposed ordinance the auditor receives to all
7183-members of the local income tax council within ten (10) days after
7184-receipt. Subject to subsection (d), once a member receives a proposed
7185-ordinance from the county auditor, the member shall vote on it within
7186-thirty (30) days after receipt.
7187-(d) Except as provided in subsection (h), if, before the elapse of
7188-thirty (30) days after receipt of a proposed ordinance, the county
7189-auditor notifies the member that the members of the local income tax
7190-council have cast a majority of the votes on the local income tax
7191-council for or against the proposed ordinance the member need not
7192-vote on the proposed ordinance.
7193-(e) This subsection applies only to a county with a single voting bloc
7194-that proposes to increase (but not decrease) a tax rate in the county. The
7195-fiscal body of any county, city, or town that is a member of a local
7196-income tax council may adopt a resolution to propose an ordinance to
7197-increase a tax rate in the county to be voted on by the local income tax
7198-council as a whole as required under section 9.5 of this chapter and
7199-distribute a copy of the proposed ordinance to the county auditor. The
7200-county auditor shall treat the vote tally on the resolution adopted under
7201-this subsection for each individual who is a member of the fiscal body
7202-of the county, city, or town as the voting record for that individual
7203-either for or against the ordinance being proposed for consideration by
7204-the local income tax council as a whole under section 9.5 of this
7205-chapter. This subsection expires May 31, 2025.
7206-(f) This subsection applies only to a county with a single voting bloc
7207-that proposes to increase (but not decrease) a tax rate in the county. The
7208-county auditor shall deliver copies of a proposed ordinance the auditor
7209-receives under subsection (e) to the fiscal officers of all members of the
7210-local income tax council (other than the member proposing the
7211-ordinance under subsection (e)) within ten (10) days after receipt.
7212-Subject to subsection (h), once a member receives a proposed
7213-ordinance from the county auditor, the member shall vote on it within
7214-thirty (30) days after receipt. This subsection expires May 31, 2025.
7215-(g) This subsection applies only to a county with a single voting
7216-bloc that proposes to increase (but not decrease) a tax rate in the
7217-county. The fiscal body of each county, city, or town voting on a
7218-SEA 1 — Concur 169
7219-resolution to propose an ordinance under subsection (e), or voting on
7220-a proposed ordinance being considered by the local income tax council
7221-as a whole under section 9.5 of this chapter, must take a roll call vote
7222-on the resolution or the proposed ordinance. If an individual who sits
7223-on the fiscal body is absent from the meeting in which a vote is taken
7224-or abstains from voting on the resolution or proposed ordinance, the
7225-fiscal officer of the county, city, or town shall nevertheless consider
7226-that individual's vote as a "no" vote against the resolution or the
7227-proposed ordinance being considered, whichever is applicable, for
7228-purposes of the vote tally under this section and shall note on the vote
7229-tally that the individual's "no" vote is due to absence or abstention. The
7230-fiscal body of each county, city, or town shall certify the roll call vote
7231-on a resolution or a proposed ordinance, either for or against, to the
7232-county auditor as set forth under this chapter. This subsection expires
7233-May 31, 2025.
7234-(h) This subsection applies only to a county with a single voting
7235-bloc that proposes to increase (but not decrease) a tax rate in the
7236-county. If, before the elapse of thirty (30) days after receipt of a
7237-proposed ordinance under subsection (e), the county auditor notifies
7238-the member that the individuals who sit on the fiscal bodies of the
7239-county, cities, and towns that are members of the local income tax
7240-council have cast a majority of the votes on the local income tax
7241-council for or against a proposed ordinance voting as a whole under
7242-section 9.5 of this chapter, the member need not vote on the proposed
7243-ordinance under subsection (e). This subsection expires May 31, 2025.
7244-SECTION 110. IC 6-3.6-3-9 IS REPEALED [EFFECTIVE JULY
7245-1, 2027]. Sec. 9. (a) Except as provided in subsection (d), this section
7246-applies to a county in which the county adopting body is a local income
7247-tax council.
7248-(b) A member of the local income tax council may exercise its votes
7249-by passing a resolution and transmitting the resolution to the county
7250-auditor.
7251-(c) A resolution passed by a member of the local income tax council
7252-exercises all votes of the member on the proposed ordinance, and those
7253-votes may not be changed during the year.
7254-(d) This section does not apply to a county in which the county
7255-adopting body is a local income tax council to which section 9.5 of this
7256-chapter applies. This subsection expires May 31, 2024.
7257-SECTION 111. IC 6-3.6-3-9.5, AS AMENDED BY P.L.137-2024,
7258-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7259-UPON PASSAGE]: Sec. 9.5. (a) This section applies to a county:
7260-(1) in which the county adopting body is a local income tax
7261-SEA 1 — Concur 170
7262-council;
7263-(2) that is a county with a single voting bloc; and
7264-(3) that proposes to increase a tax rate in the county.
7265-However, the provisions under section 9 of this chapter shall apply to
7266-a county described in subdivisions (1) and (2) that proposes to decrease
7267-a tax rate in the county.
7268-(b) A local income tax council described in subsection (a) must vote
7269-as a whole to exercise its authority to increase a tax rate under this
7270-article.
7271-(c) A resolution passed by the fiscal body of a county, city, or town
7272-that is a member of the local income tax council exercises the vote of
7273-each individual who sits on the fiscal body of the county, city, or town
7274-on the proposed ordinance, and the individual's vote may not be
7275-changed during the year.
7276-(d) This section expires May 31, 2025. 2027.
7277-SECTION 112. IC 6-3.6-3-10 IS REPEALED [EFFECTIVE JULY
7278-1, 2027]. Sec. 10. (a) This section applies to a county in which the
7279-county adopting body is a local income tax council.
7280-(b) A local income tax council may pass only one (1) ordinance
7281-adopting, increasing, decreasing, or rescinding a tax in one (1) year.
7282-Once the ordinance has been passed, the county auditor shall:
7283-(1) cease distributing those types of proposed ordinances for the
7284-rest of the year; and
7285-(2) withdraw from the membership any other of those types of
7286-proposed ordinances.
7287-Any votes subsequently received by the county auditor on those types
7288-of proposed ordinances during that same year are void.
7289-(c) The local income tax council may not vote on, nor may the
7290-county auditor distribute to the members of the local income tax
7291-council, any proposed ordinance during a year, if previously during that
7292-same year the county auditor received and distributed to the members
7293-of the local income tax council a proposed ordinance whose passage
7294-would have substantially the same effect.
7295-SECTION 113. IC 6-3.6-4-1, AS ADDED BY P.L.243-2015,
7296-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7297-JANUARY 1, 2028]: Sec. 1. (a) Except as otherwise provided in
7298-IC 6-3.6-6-22, a tax is imposed on the adjusted gross income of local
7299-taxpayers at a tax rate that is a sum of the tax rates imposed by the
7300-county's adopting body and in effect in the county.
7301-(b) Except as otherwise provided in IC 6-3.6-6-22, the combined
7302-tax rates imposed under IC 6-3.6-5 (before its expiration), IC 6-3.6-6,
7303-and IC 6-3.6-7 constitute the tax imposed on the adjusted gross income
7304-SEA 1 — Concur 171
7305-of local taxpayers in the county.
7306-(c) In addition to the tax imposed in the county under subsection
7307-(a), a tax is imposed on the adjusted gross income of local
7308-taxpayers in a municipality at a tax rate that is imposed by the
7309-municipality under IC 6-3.6-6-22 and in effect in the municipality.
7310-SECTION 114. IC 6-3.6-4-2, AS ADDED BY P.L.243-2015,
7311-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7312-JANUARY 1, 2028]: Sec. 2. Subject to section 3 of this chapter, a tax
7313-rate authorized under IC 6-3.6-5, IC 6-3.6-6 or IC 6-3.6-7 may be
7314-adopted, increased, decreased, or rescinded without adopting,
7315-increasing, decreasing, or rescinding a tax rate authorized by either of
7316-the two (2) other chapters. chapter. However, an adopting body may:
7317-(1) adopt, increase, decrease, or rescind a tax authorized under a
7318-particular chapter of this article; and
7319-(2) adopt, increase, decrease, or rescind a tax authorized under
7320-another chapter of this article;
7321-in the same ordinance.
7322-SECTION 115. IC 6-3.6-4-3, AS ADDED BY P.L.243-2015,
7323-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7324-JANUARY 1, 2028]: Sec. 3. If there are bonds or leases outstanding
7325-that are payable from a tax imposed under IC 6-3.5-1.1 (before its
7326-repeal January 1, 2017), IC 6-3.5-6 (before its repeal January 1, 2017),
7327-IC 6-3.5-7 (before its repeal January 1, 2017), IC 6-3.6-6, or IC 6-3.6-7,
7328-(but not IC 6-3.6-5), the adopting body may not reduce the tax rate
7329-below a rate that would produce one and twenty-five hundredths (1.25)
7330-times the total of the highest annual outstanding debt service plus the
7331-highest annual lease payments plus any amount required under the
7332-agreements for the bonds or leases to be deposited in a sinking fund or
7333-other reserve, unless:
7334-(1) the adopting body; or
7335-(2) any city, town, or county;
7336-pledges all or a part of its share of revenues from the tax imposed under
7337-IC 6-3.6-6 or IC 6-3.6-7 (but not IC 6-3.6-5) for the life of the bonds or
7338-the term of the lease, in an amount that is sufficient, when combined
7339-with the amount pledged by the city, town, or county that issued the
7340-bonds, to produce one and twenty-five hundredths (1.25) times the total
7341-of the highest annual outstanding debt service plus the highest annual
7342-lease payments plus the amount required under the agreements for the
7343-bonds or leases to be deposited in a sinking fund or other reserve.
7344-SECTION 116. IC 6-3.6-5-7 IS ADDED TO THE INDIANA CODE
7345-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7346-1, 2027]: Sec. 7. This chapter expires December 31, 2027.
7347-SEA 1 — Concur 172
7348-SECTION 117. IC 6-3.6-6-0.5 IS ADDED TO THE INDIANA
7349-CODE AS A NEW SECTION TO READ AS FOLLOWS
7350-[EFFECTIVE JULY 1, 2027]: Sec. 0.5. As used in this chapter,
7351-"nonmunicipal civil taxing unit" means townships, libraries, and
7352-all other civil taxing units that imposed an ad valorem property tax
7353-levy in the county for the calendar year preceding the distribution
7354-year, except that the term does not include counties, cities, towns,
7355-or school corporations. The term does include those civil taxing
7356-units whose budgets require binding review by another local unit.
7357-SECTION 118. IC 6-3.6-6-2, AS ADDED BY P.L.243-2015,
7358-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7359-JULY 1, 2027]: Sec. 2. (a) This section applies to all counties.
7360-(b) The adopting body may impose a tax rate under this chapter that
7361-does not exceed:
7362-(1) two and five-tenths percent (2.5%) in all counties other than
7363-Marion County; and
7364-(2) two and seventy-five hundredths percent (2.75%) in Marion
7365-County;
7366-on the adjusted gross income of local taxpayers in the county served by
7367-the adopting body.
7368-(b) The adopting body may by ordinance and subject to
7369-subsections (c) through (e) impose one (1) or more of the following
7370-component rates not to exceed a total expenditure tax rate under
7371-this chapter of two and nine-tenths percent (2.9%) on the adjusted
7372-gross income of taxpayers who reside in the county:
7373-(1) A tax rate not to exceed one and two-tenths percent (1.2%)
7374-for general purpose revenue for county services (as provided
7375-in section 4 of this chapter), subject to subsection (c).
7376-(2) A tax rate not to exceed four-tenths of one percent (0.4%)
7377-for providers of fire protection and emergency medical
7378-services located within the county (as provided in section 4.3
7379-of this chapter), subject to subsection (c).
7380-(3) A tax rate not to exceed two-tenths of one percent (0.2%)
7381-for general purpose revenue for distribution to nonmunicipal
7382-civil taxing units (excluding fire protection districts) located
7383-within the county (as provided in section 4.5 of this chapter),
7384-subject to subsection (c).
7385-(4) A tax rate not to exceed one and two-tenths percent (1.2%)
7386-for general purpose revenue for municipal services for
7387-distribution to municipalities located within the county that
7388-are not eligible to adopt a municipal tax rate under section 22
7389-of this chapter or that have made an election under section
7390-SEA 1 — Concur 173
7391-23(b)(3) of this chapter to be treated as such.
7392-(c) The combined component rates imposed by an adopting
7393-body under subsection (b)(1) through (b)(3) shall not exceed one
7394-and seven-tenths percent (1.7%).
7395-(d) A tax rate adopted under subsection (b)(4) may only be
7396-imposed on taxpayers who do not reside in a municipality that is
7397-eligible to adopt a municipal tax rate under section 22 of this
7398-chapter.
7399-(e) Beginning after December 31, 2030, a tax rate imposed under
7400-subsection (b) shall expire on December 31 of each calendar year.
7401-An adopting body wishing to continue, increase, or decrease a tax
7402-rate in the succeeding year must pass an ordinance to readopt a tax
7403-rate in accordance with IC 6-3.6-3-3. This subsection applies
7404-regardless of whether there is a modification in the tax rate or the
7405-component rates or the rates are unchanged from the previous
7406-year.
7407-SECTION 119. IC 6-3.6-6-2.5 IS REPEALED [EFFECTIVE
7408-JANUARY 1, 2028]. Sec. 2.5. (a) This section applies to a county in
7409-which the adopting body:
7410-(1) is the local income tax council; and
7411-(2) did not allocate the revenue under this chapter from an
7412-expenditure rate of at least one-tenth of one percent (0.1%) to pay
7413-for a PSAP in the county for a year.
7414-(b) A county fiscal body may adopt an ordinance to impose a tax
7415-rate for a PSAP in the county. The tax rate must be in increments of
7416-one-hundredth of one percent (0.01%) and may not exceed one-tenth
7417-of one percent (0.1%).
7418-(c) The revenue generated by a tax rate imposed under this section
7419-must be distributed directly to the county before the remainder of the
7420-expenditure rate revenue is distributed. The revenue shall be
7421-maintained in a separate dedicated county fund and used only for
7422-paying for a PSAP in the county.
7423-SECTION 120. IC 6-3.6-6-2.6 IS REPEALED [EFFECTIVE
7424-JANUARY 1, 2028]. Sec. 2.6. (a) As used in this section, "acute care
7425-hospital" means an acute care hospital that is:
7426-(1) established and operated under IC 16-22-2, IC 16-22-8, or
7427-IC 16-23; and
7428-(2) licensed under IC 16-21.
7429-(b) A county fiscal body may adopt an ordinance to impose a tax
7430-rate for acute care hospitals located in the county. The tax rate must be
7431-in increments of one-hundredth of one percent (0.01%) and may not
7432-exceed one-tenth of one percent (0.1%).
7433-SEA 1 — Concur 174
7434-(c) The revenue generated by a tax rate imposed under this section
7435-must be distributed directly to the county before the remainder of the
7436-expenditure rate revenue is distributed. The revenue shall be
7437-maintained in a separate dedicated county fund and used only for the
7438-operating expenses of the acute care hospital located in the county.
7439-SECTION 121. IC 6-3.6-6-2.7 IS REPEALED [EFFECTIVE
7440-JANUARY 1, 2028]. Sec. 2.7. (a) A county fiscal body may adopt an
7441-ordinance to impose a tax rate for correctional facilities and
7442-rehabilitation facilities in the county. The tax rate must be in
7443-increments of:
7444-(1) in the case of a county with bonds or lease agreements
7445-outstanding on July 1, 2023, for which a pledge of tax revenue
7446-from revenue received under a tax rate imposed under this section
7447-is made, one-hundredth of one percent (0.01%) and may not
7448-exceed three-tenths of one percent (0.3%); and
7449-(2) in the case of a county with no bonds or lease agreements
7450-outstanding on July 1, 2023, for which a pledge of tax revenue
7451-from revenue received under a tax rate imposed under this section
7452-is made, one-hundredth of one percent (0.01%) and may not
7453-exceed two-tenths of one percent (0.2%).
7454-(b) The tax rate imposed under this section may not be in effect for
7455-more than:
7456-(1) twenty-two (22) years, in the case of a tax rate imposed in an
7457-ordinance adopted before January 1, 2019; or
7458-(2) twenty-five (25) years, in the case of a tax rate imposed in an
7459-ordinance adopted on or after January 1, 2019.
7460-(c) The revenue generated by a tax rate imposed under this section
7461-must be distributed directly to the county before the remainder of the
7462-expenditure rate revenue is distributed. The revenue shall be
7463-maintained in a separate dedicated county fund and used by the county
7464-only for paying for correctional facilities and rehabilitation facilities in
7465-the county.
7466-(d) If a county fiscal body imposes a tax rate:
7467-(1) under subsection (a)(1) or (a)(2) in an increment that does not
7468-exceed two-tenths of one percent (0.2%), one hundred percent
7469-(100%) of the revenue collected from the total tax rate; or
7470-(2) under subsection (a)(1) in an increment that exceeds
7471-two-tenths of one percent (0.2%):
7472-(A) one hundred percent (100%) of the revenue collected from
7473-that portion of the total tax rate that does not exceed an
7474-increment of two-tenths of one percent (0.2%); and
7475-(B) no revenue collected from that portion of the total tax rate
7476-SEA 1 — Concur 175
7477-that exceeds an increment of two-tenths of one percent (0.2%);
7478-may be used for operating expenses for correctional facilities and
7479-rehabilitation facilities in the county.
7480-SECTION 122. IC 6-3.6-6-2.8 IS REPEALED [EFFECTIVE
7481-JANUARY 1, 2028]. Sec. 2.8. (a) As used in this section, "emergency
7482-medical services" has the meaning set forth in IC 16-18-2-110.
7483-(b) The fiscal body of a county may adopt an ordinance to impose
7484-a tax rate for emergency medical services in the county. The tax rate
7485-must be in increments of one-hundredth of one percent (0.01%) and
7486-may not exceed two-tenths of one percent (0.2%). The tax rate may not
7487-be in effect for more than twenty-five (25) years.
7488-(c) The revenue generated by a tax rate imposed under this section
7489-must be distributed directly to the county before the remainder of the
7490-expenditure rate revenue is distributed. The revenue shall be
7491-maintained in a separate dedicated county fund and used by the county
7492-only for paying for operating costs incurred by the county for
7493-emergency medical services that are provided throughout the county.
7494-SECTION 123. IC 6-3.6-6-2.9 IS REPEALED [EFFECTIVE
7495-JANUARY 1, 2028]. Sec. 2.9. (a) For purposes of this section,
7496-"courtroom costs" includes staffing costs only for the court reporter,
7497-court bailiff, or court administrator.
7498-(b) A county fiscal body may adopt an ordinance to impose a tax
7499-rate for:
7500-(1) in the case of a tax rate adopted under this section before
7501-January 1, 2024, county staff expenses of the state judicial system
7502-in the county; or
7503-(2) in the case of a tax rate adopted under this section after
7504-December 31, 2023, courtroom costs of the state judicial system
7505-in the county.
7506-The tax rate must be in increments of one-hundredth of one percent
7507-(0.01%) and may not exceed two-tenths of one percent (0.2%). The tax
7508-rate may not be in effect for more than twenty-five (25) years.
7509-(c) The revenue generated by a tax rate imposed under this section
7510-must be distributed directly to the county before the remainder of the
7511-expenditure rate revenue is distributed. The revenue shall be
7512-maintained in a separate dedicated county fund. The revenue shall be
7513-used by the county:
7514-(1) in the case of a tax rate adopted under this section before
7515-January 1, 2024, only for paying for county staff expenses of the
7516-state judicial system in the county; and
7517-(2) in the case of a tax rate adopted under this section after
7518-December 31, 2023, only for paying the courtroom costs of the
7519-SEA 1 — Concur 176
7520-state judicial system in the county.
7521-(d) This subsection applies to a tax rate adopted under subsection
7522-(b)(1). The local income tax revenue budgeted and spent under this
7523-section by each county may not comprise more than fifty percent (50%)
7524-of the county's total budgeted operational staffing expenses related to
7525-the state judicial system in any given year.
7526-(e) This subsection applies to a tax rate adopted under subsection
7527-(b)(2). The local income tax revenue spent under this section by each
7528-county may not comprise more than fifty percent (50%) of the county's
7529-total operational staffing expenses related to the courtroom costs of the
7530-state judicial system in any given year.
7531-(f) Counties that enact an ordinance to impose a tax rate under this
7532-section shall annually report the following information for the prior
7533-calendar year by May 1 to the justice reinvestment advisory council
7534-established by IC 33-38-9.5-2:
7535-(1) The types of court positions paid with local income tax
7536-revenue generated by this section.
7537-(2) The number of court positions by type paid for with local
7538-income tax revenue generated by this section.
7539-(3) The average salary by type of court position paid for with local
7540-income tax revenue generated by this section.
7541-(4) The county's total budgeted and actual staffing expenses or
7542-courtroom costs, whichever is applicable, related to the state
7543-judicial system.
7544-(5) The county's portion of local income tax revenue that was
7545-actually spent on staffing expenses or courtroom costs, whichever
7546-is applicable, related to the state judicial system.
7547-(g) The justice reinvestment advisory council shall annually compile
7548-and report to the legislative council prior to July 1 of each year the
7549-information required in subsection (f) for each county. The report must
7550-be in an electronic format under IC 5-14-6.
7551-SECTION 124. IC 6-3.6-6-3, AS AMENDED BY P.L.137-2024,
7552-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7553-JULY 1, 2027]: Sec. 3. (a) Revenue raised from a tax imposed under
7554-this chapter shall be treated as follows:
7555-(1) To make the following distributions:
7556-(A) If an ordinance described in section 2.5 of this chapter is
7557-in effect in a county, to make a distribution to the county equal
7558-to the amount of revenue generated by the rate imposed under
7559-section 2.5 of this chapter.
7560-(B) If an ordinance described in section 2.6 of this chapter is
7561-in effect in a county, to make a distribution to the county equal
7562-SEA 1 — Concur 177
7563-to the amount of revenue generated by the rate imposed under
7564-section 2.6 of this chapter.
7565-(C) If an ordinance described in section 2.7 of this chapter is
7566-in effect in a county, to make a distribution to the county equal
7567-to the amount of revenue generated by the rate imposed under
7568-section 2.7 of this chapter.
7569-(D) If an ordinance described in section 2.8 of this chapter is
7570-in effect in a county, to make a distribution to the county equal
7571-to the amount of revenue generated by the rate imposed under
7572-section 2.8 of this chapter.
7573-(2) After making the distributions described in subdivision (1), if
7574-any, to make distributions to school corporations and civil taxing
7575-units in counties that formerly imposed a tax under IC 6-3.5-1.1
7576-(repealed). The revenue categorized from the next twenty-five
7577-hundredths percent (0.25%) of the rate for a former tax adopted
7578-under IC 6-3.5-1.1 (repealed) shall be allocated to school
7579-corporations and civil taxing units. The amount of the allocation
7580-to a school corporation or civil taxing unit shall be determined
7581-using the allocation amounts for civil taxing units and school
7582-corporations in the county.
7583-(3) After making the distributions described in subdivisions (1)
7584-and (2), the remaining revenue shall be treated as additional
7585-revenue (referred to as "additional revenue" in this chapter).
7586-Additional revenue may not be considered by the department of
7587-local government finance in determining:
7588-(A) any taxing unit's maximum permissible property tax levy
7589-limit under IC 6-1.1-18.5; or
7590-(B) the approved property tax rate for any fund.
7591-(b) (a) In the case of a civil taxing unit that has pledged the tax from
7592-additional general purpose revenue for the payment of bonds, leases,
7593-or other obligations as reported by the civil taxing unit under IC 5-1-18,
7594-the adopting body may not under section 4 of this chapter, reduce the
7595-proportional allocation of the additional general purpose revenue that
7596-was allocated in the preceding year if the reduction for that year would
7597-result in an amount less than the amount necessary for the payment of
7598-bonds, leases, or other obligations payable or required to be deposited
7599-in a sinking fund or other reserve in that year for the bonds, leases, or
7600-other obligations for which the tax from additional general purpose
7601-revenue has been pledged. To inform an adopting body with regard to
7602-allocations that affect the payment of bonds, leases, or other
7603-obligations, a taxing unit may provide the adopting body with
7604-information regarding any outstanding bonds, leases, or other
7605-SEA 1 — Concur 178
7606-obligations that are secured by additional general purpose revenue.
7607-The information must be provided before the date of the public hearing
7608-at which the adopting body may change the allocation of additional
7609-general purpose revenue under section 4 of this chapter.
7610-(b) In the case of a civil taxing unit that is obligated to make
15012+valuation limitations under this section.".
15013+Page 19, delete lines 1 through 11.
15014+Page 19, line 20, delete "2026)" and insert "2027)".
15015+Page 19, line 21, delete "2026)." and insert "2027).".
15016+Page 20, delete lines 14 through 42.
15017+Page 21, delete lines 1 through 31.
15018+Page 72, delete lines 14 through 42.
15019+Delete page 73.
15020+Page 74, delete lines 1 through 20.
15021+Page 95, line 31, delete "December 31," and insert "June 30,
15022+2025.".
15023+ES 1—LS 7244/DI 120 348
15024+Page 95, line 32, delete "2025.".
15025+Page 96, line 4, delete "December 31, 2025." and insert "June 30,
15026+2025.".
15027+Page 96, line 22, delete "January 1, 2026." and insert "July 1,
15028+2025.".
15029+Page 98, line 36, delete "December 31, 2025." and insert "June 30,
15030+2025.".
15031+Page 99, line 9, delete "December 31, 2025." and insert "June 30,
15032+2025.".
15033+Page 99, line 30, delete "January 1, 2026." and insert "July 1,
15034+2025.".
15035+Page 107, line 31, delete "December 31, 2025." and insert "June 30,
15036+2025.".
15037+Page 107, line 42, delete "December 31, 2025," and insert "June 30,
15038+2025,".
15039+Page 108, line 15, delete "January 1," and insert "July 1, 2025."
15040+Page 108, line 16, delete "2026.".
15041+Page 128, line 28, delete "seventy-five thousandths (0.075);" and
15042+insert "one-tenth (0.1);".
15043+Page 128, line 29, delete "two hundred dollars ($200)." and insert
15044+"three hundred dollars ($300).".
15045+Page 140, line 12, delete "the enactment of the exemption for".
15046+Page 140, delete line 13.
15047+Page 140, line 14, delete "under IC 6-1.1-10.4,".
15048+Page 140, line 14, after "IC 6-1.1-3-29" delete ",".
15049+Page 142, line 42, reset in roman "subsection".
15050+Page 142, line 42, delete "subsections (e) and (f)," and insert "(e),".
15051+Page 144, delete lines 12 through 15.
15052+Page 145, delete lines 11 through 42.
15053+Delete page 146.
15054+Page 147, delete lines 1 through 10.
15055+Page 184, line 2, after "(b)" insert "(a)".
15056+Page 184, between lines 19 and 20, begin a new paragraph and
15057+insert:
15058+"(b) In the case of a civil taxing unit that is obligated to make
761115059 payments to the northwest Indiana regional development authority
761215060 from general purpose revenue for the payment of bonds, leases, or
761315061 other obligations related to northwest Indiana rail projects (as
761415062 defined in IC 5-1.3-2-14) and projects described in IC 36-7.5-4-2.5,
761515063 the adopting body may not reduce the proportional allocation
761615064 amounts of the general purpose revenue as allocated in the
761715065 immediately preceding year if the reduction would result in an
15066+ES 1—LS 7244/DI 120 349
761815067 allocation that is less than the amount necessary for the civil taxing
761915068 unit to make the payments to the northwest Indiana regional
762015069 development authority for the payment of the bonds, leases, or
7621-other obligations.
7622-SECTION 125. IC 6-3.6-6-3.1 IS ADDED TO THE INDIANA
7623-CODE AS A NEW SECTION TO READ AS FOLLOWS
7624-[EFFECTIVE JULY 1, 2025]: Sec. 3.1. (a) As used in this section,
7625-"homestead" has the meaning set forth in IC 6-1.1-12-37.
7626-(b) A county fiscal body may adopt an ordinance to impose a tax
7627-rate for the purpose of funding property tax homestead credits to
7628-reduce the property tax liability of taxpayers who own homesteads
7629-that are:
7630-(1) located in the county; and
7631-(2) eligible for a credit under IC 6-1.1-20.6-7.5 that limits the
7632-taxpayer's property tax liability for the property to one
7633-percent (1%).
7634-Revenue collected from a tax rate imposed under this section may
7635-only be used to fund replacement of the county's property tax levy.
7636-Property taxes imposed due to a referendum in which a majority
7637-of the voters in the taxing unit imposing the property taxes
7638-approved the property taxes are not eligible for a credit under this
7639-section.
7640-(c) The tax rate must be in increments of one-hundredth of one
7641-percent (0.01%) and may not exceed three-tenths of one percent
7642-(0.3%).
7643-(d) A tax imposed under this section shall be treated as property
7644-taxes for all purposes. However, the department of local
7645-government finance may not reduce:
7646-(1) any taxing unit's maximum permissible property tax levy
7647-limit under IC 6-1.1-18.5; or
7648-SEA 1 — Concur 179
7649-(2) the approved property tax levy or rate for any fund;
7650-by the amount of any credits granted under this chapter.
7651-(e) The homestead credits shall be applied to the net property
7652-taxes due on the homestead after the application of any credit
7653-granted under IC 6-1.1, including any credit granted under
7654-IC 6-1.1-20.4 and IC 6-1.1-20.6.
7655-(f) The property tax credits must be applied uniformly to
7656-provide a homestead credit for homesteads in the county.
7657-(g) The county auditor shall allocate the amount of revenue
7658-applied as tax credits under this section to the taxing units that
7659-imposed the eligible property taxes against which the credits are
7660-applied.
7661-(h) The department of local government finance shall assist
7662-county fiscal bodies and county auditors in calculating credit
7663-percentages and amounts.
7664-(i) Notwithstanding any provision to the contrary in this
7665-chapter, a tax imposed under this section:
7666-(1) may be imposed on the adjusted gross income of taxpayers
7667-before January 1, 2028; and
7668-(2) terminates and may not be imposed on the adjusted gross
7669-income of taxpayers after December 31, 2027.
7670-(j) This section expires January 1, 2028.
7671-SECTION 126. IC 6-3.6-6-4, AS AMENDED BY P.L.247-2017,
7672-SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7673-JULY 1, 2027]: Sec. 4. (a) General purpose revenue raised from a
7674-tax rate under section 2(b)(1) of this chapter must be distributed
7675-directly to the county. The money may be used by the county fiscal
7676-body for any of the purposes of the county, including for:
7677-(1) public safety, including funding for a PSAP;
7678-(2) economic development purposes described in IC 6-3.6-10;
7679-(3) acute care hospitals;
7680-(4) correctional facilities and rehabilitation facilities;
7681-(5) county staff expenses of the state judicial system; and
7682-(6) homestead property tax credits to fund replacement of the
7683-county's property tax levy.
7684-(b) The adopting body shall, by ordinance, determine how the
7685-additional general purpose revenue from a tax under this chapter must
7686-be allocated in subsequent years. The allocations are subject to
7687-IC 6-3.6-11. The ordinance must be adopted as provided in IC 6-3.6-3
7688-and takes effect and applies as specified in IC 6-3.6-3-3. The ordinance
7689-continues to apply thereafter until it is rescinded or modified. The
7690-revenue must be allocated among one (1) or more of the following uses
7691-SEA 1 — Concur 180
7692-as provided in this chapter:
7693-(1) Public safety.
7694-(2) Economic development projects.
7695-(3) Certified shares.
7696-The ordinance must describe the allocation of additional revenue by
7697-use of percentages.
7698-SECTION 127. IC 6-3.6-6-4.3 IS ADDED TO THE INDIANA
7699-CODE AS A NEW SECTION TO READ AS FOLLOWS
7700-[EFFECTIVE JULY 1, 2027]: Sec. 4.3. (a) Revenue raised from a tax
7701-rate for fire protection and emergency medical services under
7702-section 2(b)(2) of this chapter shall be distributed by the county to
7703-each fire protection district, fire protection territory, and
7704-municipal fire department located within the county. At the
7705-discretion of the county council, the county may distribute revenue
7706-raised from a tax rate for fire protection and emergency medical
7707-services under section 2(b)(2) of this chapter to township fire
7708-departments and volunteer fire departments.
7709-(b) Revenue raised from a tax rate for fire protection and
7710-emergency medical services under section 2(b)(2) of this chapter
7711-shall be allocated to each fire protection district, fire protection
7712-territory, municipal fire department, and, if applicable, township
7713-fire departments and volunteer fire departments, based on the
7714-following formula:
7715-STEP ONE: For each provider of fire protection and
7716-emergency medical services located within the county that is
7717-eligible to receive revenue under this section, determine the
7718-population living within the service boundaries of the
7719-provider using the most recent federal decennial census.
7720-STEP TWO: For each provider of fire protection and
7721-emergency medical services located within the county that is
7722-eligible to receive revenue under this section, determine the
7723-number of square miles within the service boundaries of the
7724-provider.
7725-STEP THREE: For each provider of fire protection and
7726-emergency medical services located within the county that is
7727-eligible to receive revenue under this section, determine the
7728-product of:
7729-(A) the STEP TWO amount; multiplied by
7730-(B) twenty (20).
7731-STEP FOUR: For each provider of fire protection and
7732-emergency medical services located within the county that is
7733-eligible to receive revenue under this section, determine the
7734-SEA 1 — Concur 181
7735-sum of:
7736-(A) the STEP ONE result; plus
7737-(B) the STEP THREE result.
7738-STEP FIVE: Determine the sum total of the STEP FOUR
7739-results for each provider of fire protection and emergency
7740-medical services located within the county that is eligible to
7741-receive revenue under this section.
7742-STEP SIX: The percentage of revenue that shall be
7743-distributed to each provider of fire protection and emergency
7744-medical services located within the county that is eligible to
7745-receive revenue under this section is equal to:
7746-(A) the STEP FOUR result for the provider; divided by
7747-(B) the STEP FIVE result.
7748-SECTION 128. IC 6-3.6-6-4.5 IS ADDED TO THE INDIANA
7749-CODE AS A NEW SECTION TO READ AS FOLLOWS
7750-[EFFECTIVE JULY 1, 2027]: Sec. 4.5. (a) Revenue raised from a tax
7751-rate for nonmunicipal civil taxing units under section 2(b)(3) of this
7752-chapter may be distributed by the county to nonmunicipal civil
7753-taxing units subject to the provisions of this section.
7754-(b) Subject to the maximum aggregate tax rate of not more than
7755-two-tenths of one percent (0.2%) under section 2(b)(3) of this
7756-chapter, the adopting body may adopt a tax rate for each type of
7757-nonmunicipal civil taxing unit, which may not exceed more than
7758-five-hundredths of one percent (0.05%) for any given unit type.
7759-The revenue raised from a tax rate for a specific type of
7760-nonmunicipal civil taxing unit shall be allocated to all
7761-nonmunicipal civil taxing units of that same type located within the
7762-county on a pro rata per capita basis, subject to subsection (e).
7763-(c) A county solid waste management district (as defined in
7764-IC 13-11-2-47) or a joint solid waste management district (as
7765-defined in IC 13-11-2-113) is not an eligible nonmunicipal civil
7766-taxing unit for the purpose of receiving an allocation of general
7767-purpose revenue under this chapter unless a majority of the
7768-members of each of the county fiscal bodies of the counties within
7769-the district passes a resolution approving the distribution.
7770-(d) A resolution passed by a county fiscal body under subsection
7771-(c) may:
7772-(1) expire on a date specified in the resolution; or
7773-(2) remain in effect until the county fiscal body revokes or
7774-rescinds the resolution.
7775-(e) A nonmunicipal civil taxing unit wishing to receive a share
7776-of revenue under this section in a year must adopt a resolution
7777-SEA 1 — Concur 182
7778-requesting the distribution from the county and must provide a
7779-certified copy of the resolution to the adopting body not later than
7780-July 1 of the year immediately preceding the distribution year. Not
7781-later than August 1 of the year immediately preceding the
7782-distribution year, the adopting body shall hold a public hearing on
7783-the resolution requesting the distribution and provide the public
7784-with notice of the time and place where the public hearing will be
7785-held. The notice must be given in accordance with IC 5-3-1 and
7786-include a description of the resolution requesting the distribution
7787-from the county.
7788-(f) If a nonmunicipal civil taxing unit adopts a resolution under
7789-this subsection and provides the resolution to the adopting body as
7790-set forth in this subsection, the county shall distribute to the
7791-nonmunicipal civil taxing unit an amount of revenue raised from
7792-the tax rate under section 2(b)(3) of this chapter for the
7793-distribution year as set forth in subsection (f).
7794-(g) If one (1) or more, but not all, nonmunicipal civil taxing
7795-units adopt a resolution under subsection (e) requesting a
7796-distribution in a given year, the county may either distribute the
7797-total amount of revenue raised from the tax rate under section
7798-2(b)(3) of this chapter to only those nonmunicipal civil taxing units
7799-that have provided a resolution request, or the county may
7800-distribute the total amount of revenue raised from a tax rate under
7801-section 2(b)(3) of this chapter to all nonmunicipal civil taxing units
7802-as set forth in this section. If no nonmunicipal civil taxing units
7803-adopt a resolution to request a distribution in a given year, the
7804-county may retain the revenue raised from a tax rate for
7805-nonmunicipal civil taxing units for that year and use the revenue
7806-as general purpose revenue for the county under section 4 of this
7807-chapter.
7808-SECTION 129. IC 6-3.6-6-6.1 IS ADDED TO THE INDIANA
7809-CODE AS A NEW SECTION TO READ AS FOLLOWS
7810-[EFFECTIVE JULY 1, 2027]: Sec. 6.1. (a) Revenue raised from a tax
7811-rate for certain cities and towns under section 2(b)(4) of this
7812-chapter may be distributed by the county to those cities and towns
7813-subject to the provisions of this section.
7814-(b) Subject to subsection (g), the revenue raised from a tax rate
7815-under section 2(b)(4) of this chapter shall be allocated to the cities
7816-and towns based on the population of the city or the population of
7817-the town, whichever is applicable, compared to the population of
7818-all the cities or the population of all the towns, whichever is
7819-applicable, that are eligible for a distribution, subject to subsection
7820-SEA 1 — Concur 183
7821-(d). For purposes of this determination, if the boundaries of a city
7822-or town are located in more than one (1) county, only the portion
7823-of the population of the city or town that is located within the
7824-county imposing the tax rate under section 2(b)(4) of this chapter
7825-shall be considered.
7826-(c) The money may be used by the city or town fiscal body for
7827-any of the purposes of the city or town, including public safety (as
7828-defined in IC 6-3.6-2-14) and economic development purposes
7829-described in IC 6-3.6-10. The city or town fiscal body may pledge
7830-its general purpose revenue to the payment of bonds or to lease
7831-payments as set forth in this chapter.
7832-(d) An eligible city or town wishing to receive a share of revenue
7833-under this section in a year must adopt a resolution requesting the
7834-distribution from the county and must provide a certified copy of
7835-the resolution to the adopting body not later than July 1 of the year
7836-immediately preceding the distribution year. Not later than August
7837-1 of the year immediately preceding the distribution year, the
7838-adopting body shall hold a public hearing on the resolution
7839-requesting the distribution and provide the public with notice of
7840-the time and place where the public hearing will be held. The notice
7841-must be given in accordance with IC 5-3-1 and include a
7842-description of the resolution requesting the distribution from the
7843-county.
7844-(e) Subject to subsection (g), if an eligible city or town adopts a
7845-resolution under this subsection and provides the resolution to the
7846-adopting body as set forth in this subsection, the county shall
7847-distribute to the eligible city or town unit an amount of revenue
7848-raised from the tax rate under section 2(b)(4) of this chapter for
7849-the distribution year as set forth in subsection (f).
7850-(f) Subject to subsection (g), if one (1) or more, but not all,
7851-eligible cities or towns adopt a resolution under subsection (d)
7852-requesting a distribution in a given year, the county may either
7853-distribute the total amount of revenue raised from the tax rate
7854-under section 2(b)(4) of this chapter to only those eligible cities or
7855-towns that have provided a resolution request, or the county may
7856-distribute the total amount of revenue raised from a tax rate under
7857-section 2(b)(4) of this chapter to all eligible cities or towns as set
7858-forth in this section. If no eligible city or town adopts a resolution
7859-to request a distribution in a given year, the county may retain the
7860-revenue raised from a tax rate for the eligible city or town for that
7861-year and use the revenue as general purpose revenue for the county
7862-under section 4 of this chapter.
7863-SEA 1 — Concur 184
7864-(g) Notwithstanding any provision to the contrary in this
7865-section, if an adopting body that imposes a tax rate of one and
7866-two-tenths percent (1.2%) under section 2(b)(1) of this chapter
7867-subsequently adopts an ordinance to concurrently impose a tax
7868-rate under section 2(b)(4) of this chapter:
7869-(1) seventy-five percent (75%) of the revenue received from
7870-the tax rate imposed under section 2(b)(4) of this chapter shall
7871-be retained by the county and may be used for the purposes
7872-described in section 4 of this chapter; and
7873-(2) twenty-five percent (25%) of the revenue received from
7874-the tax rate imposed under section 2(b)(4) of this chapter shall
7875-be distributed among the eligible cities and towns as set forth
7876-in this section and may be used for the purposes set forth in
7877-this section.
7878-However, the adopting body may, by ordinance, determine to
7879-allocate any percentage of the revenue that would otherwise be
7880-retained by the county under subdivision (1) to instead be allocated
7881-among the eligible cities and towns under subdivision (2).
7882-SECTION 130. IC 6-3.6-6-8, AS AMENDED BY P.L.101-2024,
7883-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7884-JULY 1, 2027]: Sec. 8. (a) This section applies to the allocation of
7885-additional revenue from a tax under this chapter to public safety
7886-purposes. Funding dedicated for a PSAP under a former tax continues
7887-to apply under this chapter until it is rescinded or modified. If funding
7888-was not dedicated for a PSAP under a former tax, the adopting body
7889-may adopt a resolution providing that all or part of the additional
7890-revenue allocated to public safety is to be dedicated for a PSAP. The
7891-resolution first applies in the following year and then thereafter until it
7892-is rescinded or modified. Funding dedicated for a PSAP shall be
7893-allocated and distributed as provided in IC 6-3.6-11-4.
7894-(b) Except as provided in subsections (c) and (d), the amount of the
7895-certified distribution that is allocated to public safety purposes, and
7896-after making allocations under IC 6-3.6-11, shall be allocated to the
7897-county and to each municipality in the county that is carrying out or
7898-providing at least one (1) public safety purpose. For purposes of this
7899-subsection, in the case of a consolidated city, the total property taxes
7900-imposed by the consolidated city include the property taxes imposed by
7901-the consolidated city and all special taxing districts (except for a public
7902-library district, a public transportation corporation, and a health and
7903-hospital corporation), and all special service districts. The amount
7904-allocated under this subsection to a county or municipality is equal to
7905-the result of:
7906-SEA 1 — Concur 185
7907-(1) the amount of the remaining certified distribution that is
7908-allocated to public safety purposes; multiplied by
7909-(2) a fraction equal to:
7910-(A) in the case of a county that initially imposed a rate for
7911-public safety under IC 6-3.5-6 (repealed), the result of the total
7912-property taxes imposed in the county by the county or
7913-municipality for the calendar year preceding the distribution
7914-year, divided by the sum of the total property taxes imposed in
7915-the county by the county and each municipality in the county
7916-that is entitled to a distribution under this section for that
7917-calendar year; or
7918-(B) in the case of a county that initially imposed a rate for
7919-public safety under IC 6-3.5-1.1 (repealed) or a county that did
7920-not impose a rate for public safety under either IC 6-3.5-1.1
7921-(repealed) or IC 6-3.5-6 (repealed), the result of the attributed
7922-allocation amount of the county or municipality for the
7923-calendar year preceding the distribution year, divided by the
7924-sum of the attributed allocation amounts of the county and
7925-each municipality in the county that is entitled to a distribution
7926-under this section for that calendar year.
7927-(c) (a) A fire department, volunteer fire department, or emergency
7928-medical services provider that:
7929-(1) provides fire protection or emergency medical services within
7930-the county; and
7931-(2) is operated by or serves a political subdivision that is not
7932-otherwise entitled to receive a distribution of tax revenue under
7933-this section;
7934-may, before July 1 of a year, apply to the adopting body for a
7935-distribution of tax revenue under this section 4.3 of this chapter during
7936-the following calendar year. The adopting body shall review an
7937-application submitted under this subsection. However, after giving
7938-notice under IC 5-3-1, the adopting body shall review an application by
7939-a township that provided fire protection or emergency medical services
7940-in the most recent calendar year and imposed a property tax levy for the
7941-provision of fire protection or emergency medical services within the
7942-county in the most recent calendar year at a public hearing. The
7943-adopting body may review multiple applications submitted under this
7944-subsection at one (1) public hearing. If applicable, a township shall
7945-present and explain its application at the public hearing. Not later than
7946-ten (10) days after the public hearing, if applicable, but before
7947-September 1 of a year, the adopting body may adopt a resolution
7948-requiring that one (1) or more of the applicants shall receive a specified
7949-SEA 1 — Concur 186
7950-amount of the tax revenue to be distributed under this section 4.3 of
7951-this chapter during the following calendar year. The adopting body
7952-shall provide a copy of the resolution to the county auditor and the
7953-department of local government finance not more than fifteen (15) days
7954-after the resolution is adopted. A resolution adopted under this
7955-subsection and provided in a timely manner to the county auditor and
7956-the department applies only to distributions in the following calendar
7957-year. Any amount of tax revenue distributed under this subsection to a
7958-fire department, volunteer fire department, or emergency medical
7959-services provider shall be distributed before the remainder of the tax
7960-revenue is allocated under subsection (b).
7961-(d) (b) A township fire department, volunteer fire department, fire
7962-protection territory, or fire protection district that:
7963-(1) provides fire protection or emergency medical services within
7964-a county; and
7965-(2) is operated by or serves a political subdivision;
7966-may, before July 1 of a year, apply to the adopting body for a
7967-distribution of tax revenue under this section 4.3 of this chapter during
7968-the following calendar year. The adopting body shall review an
7969-application submitted under this subsection. However, after giving
7970-notice under IC 5-3-1, the adopting body shall review an application
7971-submitted by a township that provided fire protection or emergency
7972-medical services in the most recent calendar year and that imposed a
7973-property tax levy for the provision of fire protection or emergency
7974-medical services within the county in the most recent calendar year at
7975-a public hearing. The adopting body may review multiple applications
7976-submitted under this subsection at one (1) public hearing. If applicable,
7977-a township shall present and explain its application at the public
7978-hearing. From the amount of the certified distribution that is allocated
7979-to public safety purposes, and after making allocations under
7980-IC 6-3.6-11, the adopting body may adopt a resolution that one (1) or
7981-more township fire departments, volunteer fire departments, fire
7982-protection territories, or fire protection districts shall receive an amount
7983-of the tax revenue to be distributed under this section 4.3 of this
7984-chapter during the following calendar year up to one hundred percent
7985-(100%) of the revenue collected from that portion of the tax rate
7986-imposed for allocations for public safety purposes that does not exceed
7987-a rate of five one-hundredths of one percent (0.05%). A resolution
7988-adopted under this subsection must include information on the service
7989-area for each township fire department, volunteer fire department, fire
7990-protection territory, or fire protection district, as applicable. Any
7991-distribution under this subsection must be based on the assessed value
7992-SEA 1 — Concur 187
7993-of real property, not including land, that is served by each township fire
7994-department, volunteer fire department, fire protection territory, or fire
7995-protection district, as applicable. The adopting body shall provide a
7996-copy of the resolution to the county auditor and the department of local
7997-government finance not more than fifteen (15) days after the resolution
7998-is adopted. A resolution adopted under this subsection and provided in
7999-a timely manner to the county auditor and the department applies only
8000-to distributions in the following calendar year. Any amount of tax
8001-revenue distributed under this subsection to a township fire department,
8002-volunteer fire department, fire protection territory, or fire protection
8003-district, as applicable, shall be distributed before the remainder of the
8004-tax revenue is allocated under subsection (b).
8005-SECTION 131. IC 6-3.6-6-8.5, AS AMENDED BY P.L.104-2022,
8006-SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8007-JULY 1, 2027]: Sec. 8.5. (a) This section applies only to Marion
8008-County.
8009-(b) The adopting body may allocate additional general purpose
8010-revenue to fund the operation of a public library in Marion County as
8011-provided in an election, if any, made by the county fiscal body under
8012-IC 36-3-7-6. An allocation under this section shall be made from the
8013-part of the additional revenue that would otherwise be allocated as
8014-certified shares.
8015-(c) The adopting body may allocate additional general purpose
8016-revenue to fund the operation of a public transportation corporation as
8017-provided in an election, if any, made by the county fiscal body under
8018-IC 36-9-4-42. An allocation under this section shall be made from the
8019-part of the additional revenue that would otherwise be allocated as
8020-certified shares.
8021-(d) The adopting body may allocate additional general purpose
8022-revenue to fund the operation of a public communications systems and
8023-computer facilities district as provided in an election, if any, made by
8024-the county fiscal body under IC 36-8-15-19(b). The additional revenue
8025-shall be allocated and distributed before the allocation and distribution
8026-of the remaining tax revenue under this chapter.
8027-SECTION 132. IC 6-3.6-6-9 IS REPEALED [EFFECTIVE JULY
8028-1, 2027]. Sec. 9. (a) This section applies to the allocation of additional
8029-revenue from a tax under this chapter for economic development
8030-purposes.
8031-(b) Money designated for economic development purposes shall be
8032-allocated to the county, cities, and towns for use by the taxing unit's
8033-fiscal body for any of the purposes described in IC 6-3.6-10. Except as
8034-provided in subsections (c) and (d) and IC 6-3.6-11, and subject to
8035-SEA 1 — Concur 188
8036-adjustment as provided in IC 36-8-19-7.5, the amount of the certified
8037-distribution allocated to economic development purposes that the
8038-county and each city or town in a county is entitled to receive each
8039-month of each year equals the amount determined using the following
8040-formula:
8041-STEP ONE: Determine the sum of:
8042-(A) the total property taxes being imposed by the county, city,
8043-or town during the calendar year preceding the distribution
8044-year; plus
8045-(B) for a county, the welfare allocation amount.
8046-STEP TWO: Determine the quotient of:
8047-(A) The STEP ONE amount; divided by
8048-(B) the sum of the total property taxes that are first due and
8049-payable to the county and all cities and towns of the county
8050-during the calendar year preceding the distribution year plus
8051-the welfare allocation amount.
8052-STEP THREE: Determine the product of:
8053-(A) the amount of the certified distribution allocated to
8054-economic development purposes for that month; multiplied by
8055-(B) the STEP TWO amount.
8056-(c) The body imposing the tax may adopt an ordinance before
8057-August 2 of a year to provide for a distribution of the amount allocated
8058-to economic development purposes based on population instead of a
8059-distribution under subsection (b). The following apply if an ordinance
8060-is adopted under this subsection:
8061-(1) The ordinance is effective January 1 of the following year.
8062-(2) The amount of the certified distribution allocated to economic
8063-development purposes that the county and each city and town in
8064-the county are entitled to receive during each month of each year
8065-equals the product of:
8066-(A) the amount of the certified distribution that is allocated to
8067-economic development purposes for the month; multiplied by
8068-(B) the quotient of:
8069-(i) for a city or town, the population of the city or the town
8070-that is located in the county and for a county, the population
8071-of the part of the county that is not located in a city or town;
8072-divided by
8073-(ii) the population of the entire county.
8074-(3) The ordinance may be made irrevocable for the duration of
8075-specified lease rental or debt service payments.
8076-(d) In a county having a consolidated city, only the consolidated city
8077-is entitled to the amount of the certified distribution that is allocated to
8078-SEA 1 — Concur 189
8079-economic development purposes.
8080-SECTION 133. IC 6-3.6-6-9.5, AS ADDED BY P.L.243-2015,
8081-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8082-JULY 1, 2027]: Sec. 9.5. (a) The executive of a county, city, or town
8083-may:
8084-(1) adopt a capital improvement plan specifying the uses of the
8085-additional general purpose revenue to be allocated for economic
8086-development purposes; or
8087-(2) designate the county or a city or town in the county as the
8088-recipient of all or a part of its share of the additional general
8089-purpose revenue that is distributed to it for economic
8090-development purposes.
8091-(b) If a designation is made under subsection (a)(2), the county
8092-treasurer shall transfer the share or part of the share to the designated
8093-unit unless that unit does not have a capital improvement plan.
8094-(c) A county, city, or town that fails to adopt a capital improvement
8095-plan may not receive
8096-(1) its fractional amount of the additional revenue to be allocated
8097-for economic development purposes; or
8098-(2) any amount designated under subsection (a)(2)
8099-for the year or years in which the unit does not have a plan. The county
8100-treasurer shall retain the amounts not distributed for such a unit in a
8101-separate account until the unit adopts a plan. Interest on the separate
8102-account becomes part of the account. If a unit fails to adopt a plan for
8103-a period of three (3) years, the balance in the separate account shall be
8104-distributed to the other units in the county in the same manner that
8105-other additional general purpose revenue allocated for economic
8106-development purposes is distributed.
8107-(d) A capital improvement plan must include the following
8108-components:
8109-(1) Identification and general description of each project that
8110-would be funded by other additional general purpose revenue
8111-allocated for economic development purposes.
8112-(2) The estimated total cost of the project.
8113-(3) Identification of all sources of funds expected to be used for
8114-each project.
8115-(4) The planning, development, and construction schedule of each
8116-project.
8117-(e) A capital improvement plan:
8118-(1) must encompass a period of not less than two (2) years; and
8119-(2) must incorporate projects the cost of which is at least
8120-seventy-five percent (75%) of the fractional amount of additional
8121-SEA 1 — Concur 190
8122-general purpose revenue allocated for economic development
8123-purposes that is expected to be received by the county, city, or
8124-town in that period.
8125-(f) In making a designation under subsection (a)(2), the executive
8126-must specify the purpose and duration of the designation. If the
8127-designation is made to provide for the payment of lease rentals or bond
8128-payments, the executive may specify that the designation and its
8129-duration are irrevocable.
8130-SECTION 134. IC 6-3.6-6-10 IS REPEALED [EFFECTIVE JULY
8131-1, 2027]. Sec. 10. (a) This section applies to additional revenue from
8132-a tax under this chapter that is allocated for certified shares.
8133-(b) Additional revenue remaining from a tax imposed under this
8134-chapter, after deducting the amounts allocated to public safety purposes
8135-and economic development purposes, shall be allocated among the civil
8136-taxing units as certified shares.
8137-SECTION 135. IC 6-3.6-6-11 IS REPEALED [EFFECTIVE JULY
8138-1, 2027]. Sec. 11. (a) Except as provided in this chapter and
8139-IC 6-3.6-11, this section applies to an allocation of certified shares in
8140-all counties.
8141-(b) Any civil taxing unit that imposed an ad valorem property tax
8142-levy in the county for the calendar year preceding the distribution year
8143-is eligible for an allocation for the distribution year under this chapter.
8144-(c) A school corporation is not a civil taxing unit for the purpose of
8145-receiving an allocation of certified shares under this chapter. The
8146-distributions to school corporations and civil taxing units in counties
8147-that formerly imposed a tax under IC 6-3.5-1.1 (repealed) as provided
8148-in section 3(a)(2) of this chapter is not considered an allocation of
8149-certified shares. A school corporation's allocation amount for purposes
8150-of section 3(a)(2) of this chapter shall be determined under section 12
8151-of this chapter.
8152-(d) A county solid waste management district (as defined in
8153-IC 13-11-2-47) or a joint solid waste management district (as defined
8154-in IC 13-11-2-113) is not a civil taxing unit for the purpose of receiving
8155-an allocation of certified shares under this chapter unless a majority of
8156-the members of each of the county fiscal bodies of the counties within
8157-the district passes a resolution approving the distribution.
8158-(e) A resolution passed by a county fiscal body under subsection (d)
8159-may:
8160-(1) expire on a date specified in the resolution; or
8161-(2) remain in effect until the county fiscal body revokes or
8162-rescinds the resolution.
8163-SECTION 136. IC 6-3.6-6-12 IS REPEALED [EFFECTIVE JULY
8164-SEA 1 — Concur 191
8165-1, 2027]. Sec. 12. (a) Except as provided in this chapter and
8166-IC 6-3.6-11, this section applies to an allocation of certified shares in
8167-all counties.
8168-(b) The allocation amount of a civil taxing unit during a calendar
8169-year must be based on the amounts for the calendar year preceding the
8170-distribution year and is equal to the amount determined using the
8171-following formula:
8172-STEP ONE: Determine the sum of the total property taxes being
8173-imposed by the civil taxing unit.
8174-STEP TWO: Determine the sum of the following:
8175-(A) Amounts appropriated from property taxes to pay the
8176-principal of or interest on any debenture or other debt
8177-obligation issued after June 30, 2005, other than an obligation
8178-described in subsection (c).
8179-(B) Amounts appropriated from property taxes to make
8180-payments on any lease entered into after June 30, 2005, other
8181-than a lease described in subsection (d).
8182-STEP THREE: Subtract the STEP TWO amount from the STEP
8183-ONE amount.
8184-STEP FOUR: Determine the sum of:
8185-(A) the STEP THREE amount; plus
8186-(B) the civil taxing unit's certified shares plus the amount
8187-distributed under section 3(a)(2) of this chapter for the
8188-previous calendar year.
8189-The allocation amount is subject to adjustment as provided in
8190-IC 36-8-19-7.5.
8191-(c) Except as provided in this subsection, an appropriation for the
8192-calendar year preceding the distribution year from property taxes to
8193-repay interest and principal of a debt obligation is not deducted from
8194-the allocation amount for a civil taxing unit if:
8195-(1) the debt obligation was issued; and
8196-(2) the proceeds were appropriated from property taxes;
8197-to refund or otherwise refinance a debt obligation or a lease issued
8198-before July 1, 2005. However, an appropriation from property taxes
8199-related to a debt obligation issued after June 30, 2005, is deducted if
8200-the debt extends payments on a debt or lease beyond the time in which
8201-the debt or lease would have been payable if the debt or lease had not
8202-been refinanced or increases the total amount that must be paid on a
8203-debt or lease in excess of the amount that would have been paid if the
8204-debt or lease had not been refinanced. The amount of the deduction is
8205-the annual amount for each year of the extension period or the annual
8206-amount of the increase over the amount that would have been paid.
8207-SEA 1 — Concur 192
8208-(d) Except as provided in this subsection, an appropriation for the
8209-calendar year preceding the distribution year from property taxes to
8210-make payments on a lease is not deducted from the allocation amount
8211-for a civil taxing unit if:
8212-(1) the lease was issued; and
8213-(2) the proceeds were appropriated from property taxes;
8214-to refinance a debt obligation or lease issued before July 1, 2005.
8215-However, an appropriation from property taxes related to a lease
8216-entered into after June 30, 2005, is deducted if the lease extends
8217-payments on a debt or lease beyond the time in which the debt or lease
8218-would have been payable if the debt or lease had not been refinanced
8219-or increases the total amount that must be paid on a debt or lease in
8220-excess of the amount that would have been paid if the debt or lease had
8221-not been refinanced. The amount of the deduction is the annual amount
8222-for each year of the extension period or the annual amount of the
8223-increase over the amount that would have been paid.
8224-SECTION 137. IC 6-3.6-6-14 IS REPEALED [EFFECTIVE JULY
8225-1, 2027]. Sec. 14. (a) This section applies to an allocation of certified
8226-shares in a county other than Marion County.
8227-(b) Subject to this chapter, certified shares must be allocated among
8228-civil taxing units based on the attributed allocation amount.
8229-(c) The amount of certified shares to be allocated to each civil
8230-taxing unit is equal to:
8231-(1) the total amount of the certified distribution that is allocated
8232-to certified shares for the county for the month; multiplied by
8233-(2) the quotient of:
8234-(A) the attributed allocation amount for the civil taxing unit in
8235-the county during the calendar year; divided by
8236-(B) the sum of the attributed allocation amounts for all civil
8237-taxing units in the county during the calendar year.
8238-SECTION 138. IC 6-3.6-6-15 IS REPEALED [EFFECTIVE JULY
8239-1, 2027]. Sec. 15. (a) This section applies to an allocation or
8240-distribution, or both, of certified shares that is required to be made to
8241-a civil taxing unit in a county other than Marion County.
8242-(b) IC 36-8-19-7.5 applies to the adjustment of the amounts
8243-distributed to a civil taxing unit that participates in a fire protection
8244-territory.
8245-SECTION 139. IC 6-3.6-6-16 IS REPEALED [EFFECTIVE JULY
8246-1, 2027]. Sec. 16. IC 6-3.6-11 applies to the allocation of certified
8247-shares in Marion County.
8248-SECTION 140. IC 6-3.6-6-17, AS ADDED BY P.L.243-2015,
8249-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8250-SEA 1 — Concur 193
8251-JULY 1, 2027]: Sec. 17. A county, city, town, or nonmunicipal civil
8252-taxing unit may use its certified shares general purpose revenue for
8253-any of the purposes of the civil taxing unit.
8254-SECTION 141. IC 6-3.6-6-18, AS ADDED BY P.L.243-2015,
8255-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8256-JULY 1, 2027]: Sec. 18. (a) A county, city, town, or nonmunicipal
8257-civil taxing unit may pledge its certified shares general purpose
8258-revenue to the payment of bonds or to lease payments for:
8259-(1) any purpose of the civil taxing unit;
8260-(2) any purpose of another governmental entity located in any part
8261-in the county, including a governmental entity organized on a
8262-regional basis; or
8263-(3) any purpose for which certified shares general purpose
8264-revenue may be used by the unit under IC 6-3.6-10. this
8265-chapter.
8266-(b) The pledge must be approved in an ordinance adopted by the
8267-fiscal body of the political subdivision.
8268-SECTION 142. IC 6-3.6-6-19, AS ADDED BY P.L.243-2015,
8269-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8270-JULY 1, 2027]: Sec. 19. (a) A county, city, town, or nonmunicipal
8271-civil taxing unit may distribute any part of its certified shares general
8272-purpose revenue to any governmental entity located in any part of its
8273-county to:
8274-(1) carry out a joint purpose; or
8275-(2) fund the purposes of the other governmental entity;
8276-including a governmental entity organized on a regional basis to serve
8277-an area in more than one (1) county.
8278-(b) The distribution must be authorized by ordinance of the fiscal
8279-body of the civil taxing unit to which the revenue is allocated by this
8280-chapter. An ordinance must specify the purpose of the designation and
8281-its duration.
8282-(c) The fiscal body officer of the civil taxing unit may direct the
8283-county auditor in accordance with the ordinance to withhold from the
8284-civil taxing unit's allocation the amount that is the subject of the
8285-ordinance and distribute the amount directly to the other governmental
8286-entity authorized to receive the money.
8287-SECTION 143. IC 6-3.6-6-20 IS REPEALED [EFFECTIVE JULY
8288-1, 2027]. Sec. 20. (a) This section does not apply to distributions of
8289-revenue under section 9 of this chapter.
8290-(b) This section applies only to the following:
8291-(1) Any allocation or distribution of revenue under section 3(a)(2)
8292-of this chapter that is made on the basis of property tax levies in
8293-SEA 1 — Concur 194
8294-counties that formerly imposed a tax under IC 6-3.5-1.1 (before
8295-its repeal January 1, 2017).
8296-(2) Any allocation or distribution of revenue under section 3(a)(3)
8297-of this chapter that is made on the basis of property tax levies in
8298-counties that formerly imposed a tax under IC 6-3.5-6 (before its
8299-repeal January 1, 2017).
8300-(c) Subject to subsection (b), if a school corporation or civil taxing
8301-unit of an adopting county does not impose a property tax levy that is
8302-first due and payable in the calendar year preceding the year in which
8303-revenue under section 3(a)(2) or 3(a)(3) of this chapter is being
8304-allocated or distributed, that school corporation or civil taxing unit is
8305-entitled to receive a part of the revenue under section 3(a)(2) or 3(a)(3)
8306-of this chapter (as appropriate) to be distributed within the county. The
8307-fractional amount that such a school corporation or civil taxing unit is
8308-entitled to receive each month during that calendar year equals the
8309-product of:
8310-(1) the amount of revenue under section 3(a)(2) or 3(a)(3) of this
8311-chapter to be distributed on the basis of property tax levies during
8312-that month; multiplied by
8313-(2) a fraction. The numerator of the fraction equals the budget of
8314-that school corporation or civil taxing unit for the distribution
8315-year. The denominator of the fraction equals the aggregate
8316-budgets of all school corporations or civil taxing units of that
8317-county for the distribution year.
8318-(d) Subject to subsection (b), if for a calendar year a school
8319-corporation or civil taxing unit is allocated a part of a county's revenue
8320-under section 3(a)(2) or 3(a)(3) of this chapter by subsection (c), the
8321-calculations used to determine the shares of revenue of all other school
8322-corporations and civil taxing units under section 3(a)(2) or 3(a)(3) of
8323-this chapter (as appropriate) shall be changed each month for that same
8324-year by reducing the amount of revenue to be distributed by the amount
8325-of revenue under section 3(a)(2) or 3(a)(3) of this chapter allocated
8326-under subsection (c) for that same month. The department of local
8327-government finance shall make any adjustments required by this
8328-subsection and provide them to the appropriate county auditors.
8329-SECTION 144. IC 6-3.6-6-21, AS ADDED BY P.L.229-2017,
8330-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8331-JULY 1, 2027]: Sec. 21. A county, city, town, or nonmunicipal civil
8332-taxing unit may contribute any part of its certified shares general
8333-purpose revenue to the regional development infrastructure fund
8334-established by IC 36-9-43-9. The contribution must be approved in an
8335-ordinance adopted by the fiscal body of the political subdivision.
8336-SEA 1 — Concur 195
8337-SECTION 145. IC 6-3.6-6-21.2 IS REPEALED [EFFECTIVE JULY
8338-1, 2027]. Sec. 21.2. A school corporation that receives a distribution of
8339-revenue under section 3 of this chapter may allocate the revenue among
8340-any of its funds.
8341-SECTION 146. IC 6-3.6-6-21.3, AS ADDED BY P.L.137-2024,
8342-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8343-JULY 1, 2027]: Sec. 21.3. (a) This section applies to distributions of
8344-revenue before January 1, 2028. This section:
8345-(1) does not apply to:
8346-(A) distributions made under this chapter to a civil taxing unit
8347-for fire protection services within a fire protection territory
8348-established under IC 36-8-19; or
8349-(B) distributions of revenue under section 9 of this chapter
8350-(before its repeal); and
8351-(2) applies only to the following:
8352-(A) Any allocation or distribution of revenue under section
8353-3(a)(2) of this chapter (as in effect before July 1, 2027) that
8354-is made on the basis of property tax levies in counties that
8355-formerly imposed a tax under IC 6-3.5-1.1 (before its repeal on
8356-January 1, 2017).
8357-(B) Any allocation or distribution of revenue under section
8358-3(a)(3) of this chapter (as in effect before July 1, 2027) that
8359-is made on the basis of property tax levies in counties that
8360-formerly imposed a tax under IC 6-3.5-6 (before its repeal on
8361-January 1, 2017).
8362-(b) Subject to subsection (a), if two (2) or more:
8363-(1) school corporations; or
8364-(2) civil taxing units;
8365-of an adopting county merge or consolidate to form a single school
8366-corporation or civil taxing unit, the school corporation or civil taxing
8367-unit that is in existence on January 1 of the current year is entitled to
8368-the combined pro rata distribution of the revenue under section 3(a)(2)
8369-or 3(a)(3) (as in effect before July 1, 2027) of this chapter (as
8370-appropriate) allocated to each applicable school corporation or civil
8371-taxing unit in existence on January 1 of the immediately preceding
8372-calendar year prior to the merger or consolidation.
8373-(c) The department of local government finance shall make
8374-adjustments to civil taxing units in accordance with IC 6-1.1-18.5-7.
8375-SECTION 147. IC 6-3.6-6-22 IS ADDED TO THE INDIANA
8376-CODE AS A NEW SECTION TO READ AS FOLLOWS
8377-[EFFECTIVE JULY 1, 2027]: Sec. 22. (a) As used in this section,
8378-"municipality" means only a city or town that:
8379-SEA 1 — Concur 196
8380-(1) has a population of three thousand five hundred (3,500) or
8381-more; and
8382-(2) in the case of a city or town whose population decreased in
8383-the most recent federal decennial census from three thousand
8384-five hundred (3,500) or more to less than three thousand five
8385-hundred (3,500), has elected by ordinance to continue to use
8386-its previous population of three thousand five hundred (3,500)
8387-or more as set forth in section 23(b)(2) of this chapter for
8388-purposes of the allocation determination under section 6.1 of
8389-this chapter.
8390-The term does not include a city or town that has made an election
8391-under section 23(b)(3) of this chapter.
8392-(b) Beginning after December 31, 2027, the fiscal body of a
8393-municipality may by ordinance and subject to subsection (e),
8394-impose a local income tax rate on the adjusted gross income of
8395-local taxpayers in the municipality that does not exceed one and
8396-two-tenths percent (1.2%).
8397-(c) The following apply if a municipality imposes a local income
8398-tax rate under this section:
8399-(1) A local income tax rate imposed by a municipality under
8400-this section applies only to local taxpayers within the territory
8401-of the municipality.
8402-(2) The local income tax is imposed in addition to a tax
8403-imposed by the county in which the municipality is located in
8404-accordance with IC 6-3.6-4-1(a) and IC 6-3.6-4-1(c).
8405-(3) The following provisions of this article apply to a local
8406-income tax rate imposed by a municipality under subsection
8407-(b):
8408-(A) IC 6-3.6-3 (adoption of the tax), including the effective
8409-date of an ordinance under IC 6-3.6-3-3.3.
8410-(B) IC 6-3.6-4 (imposition of the tax), except that
8411-IC 6-3.6-4-2 and IC 6-3.6-4-3 do not apply.
8412-(C) IC 6-3.6-8 (administration of the tax).
8413-(4) A local income tax rate imposed by a municipality shall
8414-apply to professional athletes who compete in the
8415-municipality, unless exempted under IC 6-3-2-27.5 or other
8416-provision of law.
8417-(d) The amount of the tax revenue that is from the local income
8418-tax rate imposed under this section and that is collected for a
8419-calendar year shall be treated as general purpose revenue and
8420-must be distributed to the fiscal officer of the municipality that
8421-imposed the tax before July 1 of the next calendar year.
8422-SEA 1 — Concur 197
8423-(e) Beginning after December 31, 2030, a tax rate imposed under
8424-subsection (b) shall expire on December 31 of each calendar year.
8425-A municipality wishing to continue, increase, or decrease a tax rate
8426-in the succeeding year must pass an ordinance to readopt a tax rate
8427-in accordance with IC 6-3.6-3-3.3. This subsection applies
8428-regardless of whether there is a modification in the tax rate or the
8429-rate is unchanged from the previous year.
8430-SECTION 148. IC 6-3.6-6-23 IS ADDED TO THE INDIANA
8431-CODE AS A NEW SECTION TO READ AS FOLLOWS
8432-[EFFECTIVE JULY 1, 2027]: Sec. 23. (a) This section applies in
8433-determining the population of a city or town for the purposes of
8434-this chapter.
8435-(b) The following apply:
8436-(1) Except as provided in subdivisions (2) and (3), the
8437-population of a city or town is the population of the city or
8438-town that is reported by the 2020 federal decennial census.
8439-(2) Beginning after 2030, if the population of a city or town:
8440-(A) increases from a population of less than three thousand
8441-five hundred (3,500), as reported by the immediately
8442-preceding federal decennial census, to a population of
8443-three thousand five hundred (3,500) or more, as reported
8444-by the most recent federal decennial census, or, if
8445-applicable, any corrected population count (as defined in
8446-IC 1-1-3.5-1.5) issued for the city or town in the year
8447-succeeding the most recent federal decennial census; or
8448-(B) decreases from a population of three thousand five
8449-hundred (3,500) or more, as reported by the immediately
8450-preceding federal decennial census, to a population of less
8451-than three thousand five hundred (3,500), as reported by
8452-the most recent federal decennial census, or, if applicable,
8453-any corrected population count (as defined in
8454-IC 1-1-3.5-1.5) issued for the city or town in the year
8455-succeeding the most recent federal decennial census;
8456-the fiscal body of the city or town may adopt an ordinance on
8457-or before September 1 of the calendar year immediately
8458-succeeding the most recent federal decennial census to
8459-continue to use the population of the city or town as reported
8460-by the immediately preceding federal decennial census and
8461-the resulting determination for the city or town under section
8462-22 of this chapter, notwithstanding the increase or decrease in
8463-its population as reported by the most recent federal
8464-decennial census as described in this subdivision. An
8465-SEA 1 — Concur 198
8466-ordinance adopted under this subdivision shall take effect on
8467-January 1 of the calendar year that immediately succeeds the
8468-year in which the ordinance is adopted. The fiscal officer of
8469-the city or town shall provide a certified copy of an ordinance
8470-adopted under this subdivision to the department of local
8471-government finance.
8472-(3) This subdivision applies only to cities and towns with a
8473-population of more than three thousand five hundred (3,500)
8474-but less than seven thousand (7,000). Notwithstanding any
8475-other provision, a fiscal body of a city or town may adopt an
8476-ordinance to elect to be treated as if the city's or town's
8477-population is less than three thousand five hundred (3,500) for
8478-purposes of a county local income tax rate and distribution
8479-under this chapter. An ordinance adopted under this
8480-subdivision shall take effect on January 1 of the calendar year
8481-that immediately succeeds the year in which the ordinance is
8482-adopted. The fiscal officer of the city or town shall provide a
8483-certified copy of an ordinance adopted under this subdivision
8484-to the department of local government finance. An ordinance
8485-adopted by a city or town under this subdivision is not
8486-revocable and shall not expire following the next federal
8487-decennial census.
8488-SECTION 149. IC 6-3.6-7-9, AS AMENDED BY P.L.239-2023,
8489-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8490-JULY 1, 2027]: Sec. 9. (a) This section applies only to Hancock
8491-County.
8492-(b) The county fiscal body may, by ordinance, allocate part of the
8493-tax rate imposed under IC 6-3.6-5 (before its expiration), not to
8494-exceed a tax rate of fifteen hundredths percent (0.15%), to a property
8495-tax credit against the property tax liability imposed for public libraries
8496-in the county, if all territory in the county is included in a library
8497-district. The county treasurer shall establish a library property tax
8498-replacement fund to be used only for the purposes described in this
8499-section. Tax revenues derived from the part of the tax rate imposed
8500-under IC 6-3-5 IC 6-3.6-5 (before its expiration) that is designated for
8501-property tax replacement credits under this section shall be deposited
8502-in the library property tax replacement fund. Any interest earned on
8503-money in the library property tax replacement fund shall be credited to
8504-the library property tax replacement fund.
8505-(c) The amount of property tax replacement credits that each public
8506-library in the county is entitled to receive during a calendar year under
8507-this section (before the expiration of IC 6-3.6-5) equals the lesser of:
8508-SEA 1 — Concur 199
8509-(1) the product of:
8510-(A) the amount of revenue deposited by the county auditor in
8511-the library property tax replacement fund; multiplied by
8512-(B) a fraction described as follows:
8513-(i) The numerator of the fraction equals the sum of the total
8514-property taxes that would have been collected by the public
8515-library during the previous calendar year from taxpayers
8516-located within the library district if the property tax
8517-replacement under this section had not been in effect.
8518-(ii) The denominator of the fraction equals the sum of the
8519-total property taxes that would have been collected during
8520-the previous year from taxpayers located within the county
8521-by all public libraries that are eligible to receive property tax
8522-replacement credits under this section if the property tax
8523-replacement under this section had not been in effect; or
8524-(2) the total property taxes that would otherwise be collected by
8525-the public library for the calendar year if the property tax
8526-replacement credit under this section were not in effect.
8527-The department of local government finance shall make any
8528-adjustments necessary to account for the expansion of a library district.
8529-However, a public library is eligible to receive property tax
8530-replacement credits under this section only if it has entered into
8531-reciprocal borrowing agreements with all other public libraries in the
8532-county. If the total amount of tax revenue deposited by the county
8533-auditor in the library property tax replacement fund for a calendar year
8534-exceeds the total property tax liability that would otherwise be imposed
8535-for public libraries in the county for the year, the excess must remain
8536-in the library property tax replacement fund and may be used for library
8537-property tax replacement purposes in the following calendar year.
8538-(d) A public library receiving property tax replacement credits under
8539-this section shall allocate the credits among each fund for which a
8540-distinct property tax levy is imposed in proportion to the property taxes
8541-levied for each fund. However, if a public library did not impose a
8542-property tax levy during the previous calendar year or did not impose
8543-a property tax levy for a particular fund during the previous calendar
8544-year, but the public library is imposing a property tax levy in the
8545-current calendar year or is imposing a property tax levy for the
8546-particular fund in the current calendar year, the department of local
8547-government finance shall adjust the amount of property tax
8548-replacement credits allocated among the various funds of the public
8549-library and shall provide the adjustment to the county auditor. If a
8550-public library receiving property tax replacement credits under this
8551-SEA 1 — Concur 200
8552-section does not impose a property tax levy for a particular fund that is
8553-first due and payable in a calendar year in which the property tax
8554-replacement credits are being distributed, the public library is not
8555-required to allocate to that fund a part of the property tax replacement
8556-credits to be distributed to the public library. Notwithstanding
8557-IC 6-1.1-20-1.1(a)(1), a public library that receives property tax
8558-replacement credits under this section is subject to the procedures for
8559-the issuance of bonds set forth in IC 6-1.1-20.
8560-(e) A public library shall treat property tax replacement credits
8561-received during a particular calendar year under this section as a part
8562-of the public library's property tax levy for each fund for that same
8563-calendar year for purposes of fixing the public library's budget and for
8564-purposes of the property tax levy limits imposed by IC 6-1.1-18.5.
8565-(f) For the purpose of allocating tax revenue under IC 6-3.6-6 and
8566-computing and distributing tax revenue under IC 6-5.5 or IC 6-6-5, the
8567-property tax replacement credits that are received under this section
8568-shall be treated as though they were property taxes that were due and
8569-payable during that same calendar year.
8570-SECTION 150. IC 6-3.6-7-28, AS AMENDED BY P.L.136-2024,
8571-SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8572-JULY 1, 2027]: Sec. 28. (a) This section applies to Grant County and
8573-only if the local income tax council county adopting body repeals
8574-provisions of its local income tax ordinance providing that under
8575-IC 6-3.6-10-2(7) one-hundredth of one percent (0.01%) of the county's
8576-special purpose rate revenue is used to fund the Grant County
8577-Economic Growth Council, Inc.
8578-(b) The local income tax council county adopting body may, by
8579-ordinance, determine that additional local income tax revenue is
8580-needed in the county to do the following:
8581-(1) Finance, construct, acquire, improve, renovate, and equip the
8582-county jail, including costs related to the demolition of existing
8583-buildings, the acquisition of land, and any other reasonably
8584-related costs.
8585-(2) Repay bonds issued or leases entered into for the purposes
8586-described in subdivision (1).
8587-(c) If the local income tax council county adopting body makes the
8588-determination set forth in subsection (b), the local income tax council
8589-county adopting body may impose a tax on the adjusted gross income
8590-of local taxpayers at a tax rate that does not exceed the lesser of the
8591-following:
8592-(1) Five-tenths percent (0.5%).
8593-(2) The rate necessary to carry out the purposes described in this
8594-SEA 1 — Concur 201
8595-section.
8596-The tax rate may not be greater than the rate necessary to pay for the
8597-purposes described in subsection (b).
8598-(d) The tax rate used to pay for the purposes described in subsection
8599-(b)(1) and (b)(2) may be imposed only until the latest of the following
8600-dates:
8601-(1) The date on which the financing, construction, acquisition,
8602-improvement, renovation, and equipping of the facilities as
8603-described in subsection (b) are completed.
8604-(2) The date on which the last of any bonds issued (including
8605-refunding bonds) or leases entered into to finance the
8606-construction, acquisition, improvement, renovation, and
8607-equipping of the facilities described in subsection (b) are fully
8608-paid.
8609-(3) The date on which an ordinance adopted under subsection (c)
8610-is rescinded.
8611-(e) The tax rate under this section may be imposed beginning in the
8612-year following the year the ordinance is adopted and until the date on
8613-which the ordinance adopted under this section is rescinded.
8614-(f) The term of a bond issued (including any refunding bond) or a
8615-lease entered into under subsection (b) may not exceed twenty-five (25)
8616-years.
8617-(g) The county treasurer shall establish a county jail revenue fund
8618-to be used only for the purposes described in this section. Local income
8619-tax revenues derived from the tax rate imposed under this section shall
8620-be deposited in the county jail revenue fund.
8621-(h) Local income tax revenues derived from the tax rate imposed
8622-under this section:
8623-(1) may be used only for the purposes described in this section;
8624-(2) may not be considered by the department of local government
8625-finance in determining the county's maximum permissible
8626-property tax levy limit under IC 6-1.1-18.5; and
8627-(3) may be pledged to the repayment of bonds issued or leases
8628-entered into for the purposes described in subsection (b).
8629-(i) Grant County possesses unique governmental challenges and
8630-opportunities due to deficiencies in the current county jail. The use of
8631-local income tax revenues as provided in this section is necessary for
8632-the county to provide adequate jail capacity in the county and to
8633-maintain low property tax rates essential to economic development.
8634-The use of local income tax revenues as provided in this section to pay
8635-any bonds issued or leases entered into to finance the construction,
8636-acquisition, improvement, renovation, and equipping of the facilities
8637-SEA 1 — Concur 202
8638-described in subsection (b), rather than the use of property taxes,
8639-promotes those purposes.
8640-(j) Money accumulated from the local income tax rate imposed
8641-under this section after the termination of the tax under this section
8642-shall be transferred to the county rainy day fund under IC 36-1-8-5.1.
8643-SECTION 151. IC 6-3.6-8-3, AS ADDED BY P.L.243-2015,
8644-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8645-JANUARY 1, 2028]: Sec. 3. (a) For purposes of this article, an
8646-individual shall be treated as a resident of the county (or the
8647-municipality in the case of a local income tax imposed under
8648-IC 6-3.6-6-22) in which the individual:
8649-(1) maintains a home, if the individual maintains only one (1)
8650-home in Indiana;
8651-(2) if subdivision (1) does not apply, is registered to vote;
8652-(3) if subdivision (1) or (2) does not apply, registers the
8653-individual's personal automobile; or
8654-(4) spent the majority of the individual's time in Indiana during
8655-the taxable year in question, if subdivision (1), (2), or (3) does not
8656-apply.
8657-(b) The residence or principal place of business or employment of
8658-an individual is to be determined on January 1 of the calendar year in
8659-which the individual's taxable year commences. If an individual
8660-changes the location of the individual's residence or principal place of
8661-employment or business to another county (or municipality in the
8662-case of a local income tax imposed under IC 6-3.6-6-22) in Indiana
8663-during a calendar year, the individual's liability for tax is not affected.
8664-(c) Notwithstanding subsection (b), if an individual becomes a local
8665-taxpayer for purposes of IC 36-7-27 during a calendar year because the
8666-individual
8667-(1) changes the location of the individual's residence to a county
8668-or municipality in which the individual begins employment or
8669-business at a qualified economic development tax project (as
8670-defined in IC 36-7-27-9), or
8671-(2) changes the location of the individual's principal place of
8672-employment or business to a qualified economic development tax
8673-project and does not reside in another county in which a tax is in
8674-effect;
8675-the individual's adjusted gross income attributable to employment or
8676-business at the qualified economic development tax project is taxable
8677-only by the county or municipality containing the qualified economic
8678-development tax project.
8679-SECTION 152. IC 6-3.6-8-4, AS ADDED BY P.L.243-2015,
8680-SEA 1 — Concur 203
8681-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8682-JULY 1, 2027]: Sec. 4. (a) Using procedures provided under this
8683-chapter, the adopting body of any adopting county or municipality
8684-may pass an ordinance to enter into reciprocity agreements with the
8685-taxing authority of any city, town, municipality, county, or other similar
8686-local governmental entity of any other state. The reciprocity
8687-agreements must provide that the income of resident local taxpayers is
8688-exempt from income taxation by the other local governmental entity to
8689-the extent income of the residents of the other local governmental
8690-entity is exempt from the tax in the adopting county or municipality.
8691-(b) A reciprocity agreement adopted under this section may not
8692-become effective until it is also made effective in the other local
8693-governmental entity that is a party to the agreement.
8694-(c) The form and effective date of any reciprocity agreement
8695-described in this section must be approved by the department.
8696-SECTION 153. IC 6-3.6-8-5, AS AMENDED BY P.L.197-2016,
8697-SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8698-JANUARY 1, 2028]: Sec. 5. (a) Except as otherwise provided in
8699-subsection (b) and the other provisions of this article, all provisions of
8700-the adjusted gross income tax law (IC 6-3) concerning:
8701-(1) definitions;
8702-(2) declarations of estimated tax;
8703-(3) filing of returns;
8704-(4) deductions or exemptions from adjusted gross income;
8705-(5) remittances;
8706-(6) incorporation of the provisions of the Internal Revenue Code;
8707-(7) penalties and interest; and
8708-(8) exclusion of military pay credits for withholding;
8709-apply to the imposition, collection, and administration of the tax
8710-imposed by this article.
8711-(b) IC 6-3-3-3, IC 6-3-3-5, and IC 6-3-5-1 do not apply to the tax
8712-imposed by this article.
8713-(c) Notwithstanding subsections (a) and (b), each employer shall
8714-report to the department of state revenue the amount of withholdings
8715-attributable to each county (or each municipality in the case of a
8716-local income tax imposed under IC 6-3.6-6-22). This report shall be
8717-submitted to the department of state revenue:
8718-(1) each time the employer remits to the department the tax that
8719-is withheld; and
8720-(2) annually along with the employer's annual withholding report.
8721-SECTION 154. IC 6-3.6-9-1, AS AMENDED BY P.L.165-2021,
8722-SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8723-SEA 1 — Concur 204
8724-JULY 1, 2027]: Sec. 1. (a) The budget agency shall maintain an
8725-accounting for each county imposing a tax based on annual returns
8726-filed by or for county taxpayers. Any undistributed amounts so
8727-accounted for shall be held in reserve for the respective counties
8728-separate from the state general fund.
8729-(b) Undistributed amounts shall be invested by the treasurer of state
8730-and the income earned shall be credited to the counties based on each
8731-county's undistributed amount.
8732-(c) This section expires December 31, 2027.
8733-SECTION 155. IC 6-3.6-9-1.1 IS ADDED TO THE INDIANA
8734-CODE AS A NEW SECTION TO READ AS FOLLOWS
8735-[EFFECTIVE JULY 1, 2027]: Sec. 1.1. As used in this chapter, "state
8736-and local income tax holding account" refers to the state and local
8737-income tax holding account established by section 20 of this
8738-chapter.
8739-SECTION 156. IC 6-3.6-9-4, AS AMENDED BY P.L.137-2022,
8740-SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8741-JULY 1, 2027]: Sec. 4. Revenue derived from the imposition of the tax
8742-shall, in the manner prescribed by this chapter, be distributed to the
8743-county that imposed it. The amount that is to be distributed to a county
8744-during an ensuing calendar year equals the amount of tax revenue that
8745-the budget agency determines has been:
8746-(1) attributed to that county for a taxable year ending in a calendar
8747-year preceding the calendar year in which the determination is
8748-made; and
8749-(2) reported on an annual return or amended return filed by or for
8750-a county taxpayer and processed by the department in the state
8751-fiscal year ending before July 1, or for a federal income tax
8752-deadline set after July 1, a date set by the department for a period
8753-of not more than sixty (60) days beyond the federal deadline, of
8754-the calendar year in which the determination is made;
8755-without adjustment based on the enactment of a tax rate change
8756-under IC 6-3.6-6-2 or IC 6-3.6-6-22 in the first preceding calendar
8757-year it becomes effective.
8758-SECTION 157. IC 6-3.6-9-4.1, AS ADDED BY P.L.165-2021,
8759-SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8760-JULY 1, 2027]: Sec. 4.1. The budget agency shall adjust the amounts
8761-determined under section 4 of this chapter for the credits claimed
8762-against local income taxes under IC 6-3.6-8-6 and IC 6-3.1-19. The
8763-adjustments made by the budget agency may be phased-in over several
8764-fiscal calendar years until the credits are fully accounted for.
8765-SECTION 158. IC 6-3.6-9-5, AS AMENDED BY P.L.32-2021,
8766-SEA 1 — Concur 205
8767-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8768-JULY 1, 2027]: Sec. 5. (a) Before August 2 of each calendar year, the
8769-budget agency shall provide to the department of local government
8770-finance and the county auditor of each adopting county an estimate of
8771-the amount determined under section 4 of this chapter that will be
8772-distributed to the county, based on known tax rates. Subject to
8773-subsection (c), not later than fifteen (15) days after receiving the
8774-estimate of the certified distribution, the department of local
8775-government finance shall determine for each taxing unit and notify the
8776-county auditor of the estimated amount of property tax credits, school
8777-distributions, public safety revenue, economic development revenue,
8778-certified shares, and special purpose revenue that will be distributed to
8779-the taxing unit under this chapter during the ensuing calendar year. Not
8780-later than thirty (30) days after receiving the department's estimate, the
8781-county auditor shall notify each taxing unit of the amounts estimated
8782-for the taxing unit.
8783-(b) (a) Before October 1 of each calendar year, the budget agency
8784-shall certify to the department of local government finance and the
8785-county auditor of each adopting county
8786-(1) the amount determined under section sections 4 and 4.1 of
8787-this chapter. and
8788-(2) the amount of interest in the county's account that has accrued
8789-and has not been included in a certification made in a preceding
8790-year.
8791-The amount certified is the county's certified distribution for the
8792-immediately succeeding calendar year. The amount certified shall be
8793-adjusted, as necessary, under sections 6, 7, and 8 6 and 7 of this
8794-chapter. Subject to subsection (d), (b), not later than fifteen (15) days
8795-thirty (30) days after receiving the amount of the certified distribution,
8796-the department of local government finance shall determine for each
8797-taxing unit and notify the county auditor of the certified amount of
8798-property tax credits, school distributions, public safety revenue,
8799-economic development revenue, certified shares, and special purpose
8800-revenue that will be distributed to the taxing unit under this chapter
8801-during the ensuing calendar year. Not later than thirty (30) days after
8802-receiving the department's estimate, the county auditor shall notify each
8803-taxing unit of the certified amounts for the taxing unit.
8804-(c) This subsection applies to Lake County. When the department
8805-of local government finance notifies the county auditor of the estimated
8806-amount of property tax credits, school distributions, public safety
8807-revenue, economic development revenue, certified shares, and special
8808-purpose revenue that will be distributed to the taxing unit under this
8809-SEA 1 — Concur 206
8810-chapter during the ensuing calendar year, the department of local
8811-government finance shall also determine the amount of additional
8812-revenue allocated for economic development purposes that will be
8813-distributed to each civil taxing unit, reduced by an amount that is equal
8814-to the following percentages of the tax revenue that would otherwise be
8815-allocated for economic development purposes and distributed to the
8816-civil taxing unit:
8817-(1) For Lake County, an amount equal to twenty-five percent
8818-(25%).
8819-(2) For Crown Point, an amount equal to ten percent (10%).
8820-(3) For Dyer, an amount equal to fifteen percent (15%).
8821-(4) For Gary, an amount equal to seven and five-tenths percent
8822-(7.5%).
8823-(5) For Hammond, an amount equal to fifteen percent (15%).
8824-(6) For Highland, an amount equal to twelve percent (12%).
8825-(7) For Hobart, an amount equal to eighteen percent (18%).
8826-(8) For Lake Station, an amount equal to twenty percent (20%).
8827-(9) For Lowell, an amount equal to fifteen percent (15%).
8828-(10) For Merrillville, an amount equal to twenty-two percent
8829-(22%).
8830-(11) For Munster, an amount equal to thirty-four percent (34%).
8831-(12) For New Chicago, an amount equal to one percent (1%).
8832-(13) For Schererville, an amount equal to ten percent (10%).
8833-(14) For Schneider, an amount equal to twenty percent (20%).
8834-(15) For Whiting, an amount equal to twenty-five percent (25%).
8835-(16) For Winfield, an amount equal to fifteen percent (15%).
8836-The department of local government finance shall notify the county
8837-auditor of the amounts of the reductions and the remaining amounts to
8838-be distributed.
8839-(d) (b) This subsection applies to Lake County. When the
8840-department of local government finance notifies the county auditor of
8841-the certified amount of property tax credits, school distributions, public
8842-safety revenue, economic development revenue, certified shares, and
8843-special purpose revenue that will be distributed to the taxing unit under
8844-this chapter during the ensuing calendar year, the department of local
8845-government finance shall also determine the amount of additional
8846-revenue general purpose revenue allocated for economic development
8847-purposes that will be distributed to each civil taxing unit, reduced by
8848-an amount that is equal to the following percentages of the tax revenue
8849-that would otherwise be allocated for economic development purposes
8850-and distributed to the civil taxing unit:
8851-(1) For Lake County, an amount equal to twenty-five percent
8852-SEA 1 — Concur 207
8853-(25%).
8854-(2) For Crown Point, an amount equal to ten percent (10%).
8855-(3) For Dyer, an amount equal to fifteen percent (15%).
8856-(4) For Gary, an amount equal to seven and five-tenths percent
8857-(7.5%).
8858-(5) For Hammond, an amount equal to fifteen percent (15%).
8859-(6) For Highland, an amount equal to twelve percent (12%).
8860-(7) For Hobart, an amount equal to eighteen percent (18%).
8861-(8) For Lake Station, an amount equal to twenty percent (20%).
8862-(9) For Lowell, an amount equal to fifteen percent (15%).
8863-(10) For Merrillville, an amount equal to twenty-two percent
8864-(22%).
8865-(11) For Munster, an amount equal to thirty-four percent (34%).
8866-(12) For New Chicago, an amount equal to one percent (1%).
8867-(13) For Schererville, an amount equal to ten percent (10%).
8868-(14) For Schneider, an amount equal to twenty percent (20%).
8869-(15) For Whiting, an amount equal to twenty-five percent (25%).
8870-(16) For Winfield, an amount equal to fifteen percent (15%).
8871-The department of local government finance shall notify the county
8872-auditor of the remaining amounts to be distributed and the amounts of
8873-the reductions that will be withheld under IC 6-3.6-11-5.5.
8874-SECTION 159. IC 6-3.6-9-6, AS ADDED BY P.L.243-2015,
8875-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8876-JULY 1, 2027]: Sec. 6. The budget agency shall certify an amount less
8877-than the amount determined under section 5(b) 5(a) of this chapter if
8878-the budget agency determines that the reduced distribution is necessary
8879-to offset overpayments made in a calendar year before the calendar year
8880-of the distribution. The budget agency may reduce the amount of the
8881-certified distribution over several calendar years so that any
8882-overpayments are offset over several years rather than in one (1) lump
8883-sum.
8884-SECTION 160. IC 6-3.6-9-7, AS ADDED BY P.L.243-2015,
8885-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8886-JULY 1, 2027]: Sec. 7. (a) The budget agency shall adjust the certified
8887-distribution of a county to correct for any clerical or mathematical
8888-errors made in any previous certification under this section. The budget
8889-agency may reduce the amount of the certified distribution over several
8890-calendar years so that any adjustment under this subsection is offset
8891-over several years rather than in one (1) lump sum.
8892-(b) The budget agency may not reduce, adjust, or modify a
8893-certified distribution of a county after it has been presented as part
8894-of the report to the budget committee for the immediately
8895-SEA 1 — Concur 208
8896-succeeding calendar year under section 21 of this chapter, except
8897-in the case of clerical and mathematical errors.
8898-SECTION 161. IC 6-3.6-9-8 IS REPEALED [EFFECTIVE JULY
8899-1, 2027]. Sec. 8. This section applies to a county that imposes,
8900-increases, decreases, or rescinds a tax or tax rate under this article
8901-before November 1 in the same calendar year in which the budget
8902-agency makes a certification under this section. The budget agency
8903-shall adjust the certified distribution of a county to provide for a
8904-distribution in the immediately following calendar year and in each
8905-calendar year thereafter. The budget agency shall provide for a full
8906-transition to certification of distributions as provided in section 4(1)
8907-through 4(2) of this chapter in the manner provided in section 6 of this
8908-chapter. If the county imposes, increases, decreases, or rescinds a tax
8909-or tax rate under this article after the date for which a certification
8910-under section 5(b) of this chapter is based, the budget agency shall
8911-adjust the certified distribution of the county after October 1 and before
8912-December 1 of the calendar year. The adjustment must reflect any other
8913-adjustment required under sections 6 and 7 of this chapter. The
8914-adjusted certification shall be treated as the county's certified
8915-distribution for the immediately succeeding calendar year. The budget
8916-agency shall certify the adjusted certified distribution to the county
8917-auditor for the county and provide the county council with an
8918-informative summary of the calculations that revises the informative
8919-summary provided in section 9 of this chapter and reflects the changes
8920-made in the adjustment.
8921-SECTION 162. IC 6-3.6-9-8.5 IS REPEALED [EFFECTIVE JULY
8922-1, 2027]. Sec. 8.5. (a) The budget agency shall before February 1,
8923-2018, transfer to the state general fund from each county's trust account
8924-established under IC 6-3.6 an amount equal to:
8925-(1) the amount of the county's certified distribution under IC 6-3.6
8926-that is allocated to certified shares under IC 6-3.6-6 for calendar
8927-year 2017; multiplied by
8928-(2) five-tenths of one percent (0.5%);
8929-to reimburse the state general fund for expenditures related to the
8930-department's information technology modernization project.
8931-(b) To the extent that the balance in a county's trust account is
8932-insufficient for the budget agency to make the entire amount of the
8933-transfer required under subsection (a) before February 1, 2018, the
8934-budget agency shall make any remaining part of the required transfer
8935-from the county's trust account in subsequent years on a schedule
8936-determined by the budget agency until the entire amount of the
8937-required transfer has been made.
8938-SEA 1 — Concur 209
8939-SECTION 163. IC 6-3.6-9-9, AS AMENDED BY P.L.257-2019,
8940-SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8941-JULY 1, 2027]: Sec. 9. The budget agency shall provide the adopting
8942-body with an informative summary of the calculations used to
8943-determine the certified distribution. The summary of calculations must
8944-include:
8945-(1) the amount reported on individual income tax returns
8946-processed by the department during the previous fiscal year;
8947-(2) adjustments for over distributions in prior years; and
8948-(3) adjustments for clerical or mathematical errors in prior years.
8949-and
8950-(4) adjustments for tax rate changes.
8951-SECTION 164. IC 6-3.6-9-10, AS AMENDED BY P.L.137-2024,
8952-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8953-JULY 1, 2027]: Sec. 10. The budget agency shall also certify
8954-information concerning the part of the certified distribution that is
8955-attributable to each of the following:
8956-(1) The tax rate imposed under IC 6-3.6-5 (before its expiration).
8957-This subdivision expires July 1, 2028.
8958-(2) The tax rate imposed under IC 6-3.6-6, separately stating:
8959-(A) the part of the distribution attributable to a tax rate
8960-imposed under IC 6-3.6-6-2.5 (before its repeal);
8961-(B) the part of the distribution attributable to a tax rate
8962-imposed under IC 6-3.6-6-2.6 (before its repeal); and
8963-(C) the part of the distribution attributable to a tax rate
8964-imposed under IC 6-3.6-6-2.7 (before its repeal);
8965-(D) the part of the distribution attributable to a tax rate
8966-imposed under IC 6-3.6-6-2.8 (before its repeal); and
8967-(E) the part of the distribution attributable to a tax rate
8968-imposed under IC 6-3.6-6-2.9 (before its repeal).
8969-(3) Each tax rate imposed under IC 6-3.6-7.
8970-(4) In the case of Marion County, the local income taxes paid by
8971-local taxpayers described in IC 6-3.6-2-13(3).
8972-The amount certified shall be adjusted to reflect any adjustment in the
8973-certified distribution under this chapter.
8974-SECTION 165. IC 6-3.6-9-11, AS AMENDED BY P.L.197-2016,
8975-SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8976-JULY 1, 2027]: Sec. 11. The information described in sections 9 and
8977-10 of this chapter must be certified to the county auditor, to the fiscal
8978-officer of each taxing unit in the county, and to the department of local
8979-government finance not later than the later of the following:
8980-(1) October 1 of each calendar year.
8981-SEA 1 — Concur 210
8982-(2) Thirty (30) days after the adopting body certifies a new rate to
8983-the budget agency.
8984-SECTION 166. IC 6-3.6-9-12, AS ADDED BY P.L.243-2015,
8985-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8986-JULY 1, 2027]: Sec. 12. One-twelfth (1/12) of each adopting county's
8987-certified distribution for a calendar year shall be distributed:
8988-(1) before January 1, 2028, from its trust account established
8989-under this chapter; and
8990-(2) after December 31, 2027, from the state and local income
8991-tax holding account established under this chapter;
8992-to the appropriate county treasurer on the first regular business day of
8993-each month of that calendar year.
8994-SECTION 167. IC 6-3.6-9-13, AS AMENDED BY P.L.9-2024,
8995-SECTION 192, IS AMENDED TO READ AS FOLLOWS
8996-[EFFECTIVE JULY 1, 2027]: Sec. 13. (a) All distributions from a trust
8997-account established under this chapter shall be made by warrants issued
8998-by the state comptroller to the treasurer of state ordering the
8999-appropriate payments.
9000-(b) This section expires December 31, 2027.
9001-SECTION 168. IC 6-3.6-9-14 IS REPEALED [EFFECTIVE JULY
9002-1, 2027]. Sec. 14. Before November 2 of each year, the budget agency
9003-shall submit a report to each county auditor indicating the balance in
9004-the county's trust account as of the cutoff date set by the budget agency.
9005-SECTION 169. IC 6-3.6-9-15 IS REPEALED [EFFECTIVE
9006-JANUARY 1, 2028]. Sec. 15. (a) If the budget agency determines that
9007-the balance in a county trust account exceeds fifteen percent (15%) of
9008-the certified distributions to be made to the county in the determination
9009-year, the budget agency shall make a supplemental distribution to the
9010-county from the county's trust account. The budget agency shall use the
9011-trust account balance as of December 31 of the year that precedes the
9012-determination year by two (2) years (referred to as the "trust account
9013-balance year" in this section).
9014-(b) A supplemental distribution described in subsection (a) must be:
9015-(1) made at the same time as the determinations are provided to
9016-the county auditor under subsection (d)(3); and
9017-(2) allocated in the same manner as certified distributions for the
9018-purposes described in this article.
9019-(c) The amount of a supplemental distribution described in
9020-subsection (a) is equal to the amount by which:
9021-(1) the balance in the county trust account; minus
9022-(2) the amount of any supplemental or special distribution that has
9023-not yet been accounted for in the last known balance of the
9024-SEA 1 — Concur 211
9025-county's trust account;
9026-exceeds fifteen percent (15%) of the certified distributions to be made
9027-to the county in the determination year.
9028-(d) For a county that qualifies for a supplemental distribution under
9029-this section in a year, the following apply:
9030-(1) Before February 15, the budget agency shall update the
9031-information described in section 9 of this chapter to include the
9032-excess account balances to be distributed under this section.
9033-(2) Before May 2, the budget agency shall provide the amount of
9034-the supplemental distribution for the county to the department of
9035-local government finance and to the county auditor.
9036-(3) The department of local government finance shall determine
9037-for the county and each taxing unit within the county:
9038-(A) the amount and allocation of the supplemental distribution
9039-attributable to the taxes that were imposed as of December 31
9040-of the trust account balance year, including any specific
9041-distributions for that year; and
9042-(B) the amount of the allocation for each of the purposes set
9043-forth in this article, using the allocation percentages in effect
9044-in the trust account balance year.
9045-The department of local government finance shall provide these
9046-determinations to the county auditor before May 16 of the
9047-determination year.
9048-(4) Before June 1, the county auditor shall distribute to each
9049-taxing unit the amount of the supplemental distribution that is
9050-allocated to the taxing unit under subdivision (3). However, for a
9051-county with a former tax to provide for a levy freeze under
9052-IC 6-3.6-11-1, the supplemental distribution shall first be
9053-distributed as determined in any resolution adopted under
9054-IC 6-3.6-11-1(d).
9055-For determinations before 2019, the tax rates in effect under and the
9056-allocation methods specified in the former income tax laws shall be
9057-used for the determinations under subdivision (3).
9058-(e) For any part of a supplemental distribution attributable to
9059-property tax credits under a former income tax or IC 6-3.6-5, the
9060-adopting body for the county may allocate the supplemental
9061-distribution to property tax credits for not more than the three (3) years
9062-after the year the supplemental distribution is received.
9063-(f) Any income earned on money held in a trust account established
9064-for a county under this chapter shall be deposited in that trust account.
9065-SECTION 170. IC 6-3.6-9-16, AS ADDED BY P.L.243-2015,
9066-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9067-SEA 1 — Concur 212
9068-JULY 1, 2027]: Sec. 16. Upon receipt, each monthly payment of a
9069-county's certified distribution or supplemental distribution shall be
9070-allocated and distributed to the appropriate entities in accordance with
9071-this article and the allocation ordinances adopted under this article.
9072-SECTION 171. IC 6-3.6-9-17.5 IS ADDED TO THE INDIANA
9073-CODE AS A NEW SECTION TO READ AS FOLLOWS
9074-[EFFECTIVE JULY 1, 2027]: Sec. 17.5. After December 31, 2027,
9075-the county's certified distribution amount for 2028 shall be
9076-maintained in the accounting for the county under section 21 of
9077-this chapter and transferred as set forth in section 21 of this
9078-chapter.
9079-SECTION 172. IC 6-3.6-9-20 IS ADDED TO THE INDIANA
9080-CODE AS A NEW SECTION TO READ AS FOLLOWS
9081-[EFFECTIVE JULY 1, 2027]: Sec. 20. (a) The state and local income
9082-tax holding account is established within the state general fund for
9083-the purposes of this chapter. The budget agency shall administer
9084-the account. The account consists of the following:
9085-(1) Money transferred to the account under section 21 of this
9086-chapter.
9087-(2) Money transferred to the account from any other source.
9088-(3) Interest that accrues from money in the account.
9089-(b) The treasurer of state shall invest the money in the account
9090-not currently needed for the purposes of the account in the same
9091-manner as other public funds may be invested.
9092-(c) Money in the account is continuously appropriated for the
9093-purposes of this chapter.
9094-(d) Money in the account at the end of a state fiscal year does
9095-not revert to the state general fund.
9096-(e) Money transferred to the account shall be distributed and
9097-allocated as set forth in this chapter.
9098-(f) The budget director shall have the discretion to manage
9099-transfers of money into and out of the account based on the current
9100-process used for continuous assessment of revenue flows and
9101-reconciliation based on the latest data.
9102-SECTION 173. IC 6-3.6-9-21 IS ADDED TO THE INDIANA
9103-CODE AS A NEW SECTION TO READ AS FOLLOWS
9104-[EFFECTIVE JULY 1, 2027]: Sec. 21. (a) The budget agency shall
9105-maintain an accounting for each county imposing a tax based on
9106-annual returns filed by or for county taxpayers. Beginning after
9107-December 31, 2027, any undistributed amounts so accounted shall
9108-be held for purposes of the state and local income tax holding
9109-account.
9110-SEA 1 — Concur 213
9111-(b) After December 1 but before December 31 of each year, the
9112-budget agency shall present to the budget committee a report of the
9113-following:
9114-(1) An estimate of the monthly certified distribution amounts
9115-for the immediately succeeding calendar year.
9116-(2) A description of the method used to determine the monthly
9117-estimates under subdivision (1).
9118-(c) Beginning in 2028, and in each calendar year thereafter, the
9119-budget agency shall each month transfer to the state and local
9120-income tax holding account the amount determined for the month
9121-under subsection (b)(1) for distribution under this chapter.
9122-(d) In the case of a county that imposes a tax rate under
9123-IC 6-3.6-6-2 or a municipality that imposes a tax rate under
9124-IC 6-3.6-6-22 beginning after December 31, 2027, the budget
9125-agency shall withhold, from each of the first three (3) annual
9126-certified distributions resulting from the tax rate, an amount equal
9127-to five percent (5%) of the county's or municipality's, as
9128-applicable, annual certified distribution resulting from the tax rate.
9129-The amounts withheld under this subsection shall be credited to the
9130-respective county's or municipality's trust account.
9131-SECTION 174. IC 6-3.6-10-2, AS AMENDED BY P.L.247-2017,
9132-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9133-JANUARY 1, 2028]: Sec. 2. A county, city, or town may use revenue
9134-allocated for economic development purposes under IC 6-3.6-6-9
9135-IC 6-3.6-6 for any combination of the following purposes:
9136-(1) To pay all or a part of the interest owed by a private developer
9137-or user on a loan extended by a financial institution or other
9138-lender to the developer or user if the proceeds of the loan are or
9139-are to be used to finance an economic development project.
9140-(2) For the retirement of bonds for economic development
9141-projects.
9142-(3) For leases or for leases or bonds entered into or issued before
9143-the date the county economic development income tax (IC 6-3.5-7
9144-repealed) was imposed if the purpose of the lease or bonds would
9145-have qualified as a purpose under this article at the time the lease
9146-was entered into or the bonds were issued.
9147-(4) The construction or acquisition of, or remedial action with
9148-respect to, a capital project for which the unit is empowered to
9149-issue general obligation bonds or establish a fund under any
9150-statute listed in IC 6-1.1-18.5-9.8.
9151-(5) The retirement of bonds issued under any provision of Indiana
9152-law for a capital project.
9153-SEA 1 — Concur 214
9154-(6) The payment of lease rentals under any statute for a capital
9155-project.
9156-(7) Contract payments to a nonprofit corporation whose primary
9157-corporate purpose is to assist government in planning and
9158-implementing economic development projects.
9159-(8) Operating expenses of a governmental entity that plans or
9160-implements economic development projects.
9161-(9) Funding of a revolving fund established under IC 5-1-14-14.
9162-(10) For a regional venture capital fund or a local venture capital
9163-fund.
9164-(11) For any lawful purpose for which money in any of its other
9165-funds may be used.
9166-SECTION 175. IC 6-3.6-10-3, AS ADDED BY P.L.243-2015,
9167-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9168-JANUARY 1, 2028]: Sec. 3. (a) The fiscal body of a county, city, or
9169-town may issue bonds payable from revenue under IC 6-3.6-6. The
9170-bonds must be for economic development projects.
9171-(b) The fiscal body of a county, city, or town may issue bonds
9172-payable from revenue described in section 2 of this chapter for any
9173-capital project for which the fiscal body is authorized to issue general
9174-obligation bonds. The bonds issued under this section may be payable
9175-from the tax if the county option income tax (IC 6-3.5-6 repealed), the
9176-county adjusted gross income tax (IC 6-3.5-1.1 repealed), or a tax
9177-under IC 6-3.6-6 is also in effect in the county at the time the bonds are
9178-issued.
9179-(c) If there are bonds outstanding that have been issued under this
9180-section, or leases in effect under section 4 of this chapter, the adopting
9181-body may not reduce the tax imposed under IC 6-3.6-6, or an allocation
9182-under IC 6-3.6-6-9, IC 6-3.6-6, or certified shares general purpose
9183-revenue pledged to repay bonds, as appropriate, below a rate that
9184-would produce one and twenty-five hundredths (1.25) times the total
9185-of the highest annual debt service on the bonds to their final maturity,
9186-plus the highest annual lease payments, unless:
9187-(1) the body that imposed a tax under IC 6-3.6-6; or
9188-(2) any city, town, or county;
9189-pledges all or a part of its certified shares general purpose revenue for
9190-the life of the bonds or the term of the lease, in an amount that is
9191-sufficient, when combined with the amount pledged by the city, town,
9192-or county that issued the bonds, to produce one and twenty-five
9193-hundredths (1.25) times the total of the highest outstanding annual debt
9194-service plus the highest annual lease payments.
9195-(d) For purposes of subsection (c), the determination of a tax rate
9196-SEA 1 — Concur 215
9197-sufficient to produce one and twenty-five hundredths (1.25) times the
9198-total of the highest outstanding annual debt service plus the highest
9199-annual lease payments must be based on an average of the immediately
9200-preceding three (3) years tax collections, if the tax has been imposed
9201-for the last preceding three (3) years. If the tax has not been imposed
9202-for the last preceding three (3) years, the body that imposed the tax may
9203-not reduce the rate below a rate that would produce one and twenty-five
9204-hundredths (1.25) times the total of the highest annual debt service,
9205-plus the highest annual lease payments, based upon a study by a
9206-qualified public accountant or financial advisor.
9207-(e) IC 6-1.1-20 does not apply to the issuance of bonds under this
9208-section.
9209-(f) Bonds issued under this section may be sold at a public sale in
9210-accordance with IC 5-1-11 or may be sold at a negotiated sale.
9211-(g) After a sale of bonds under this section, the county auditor shall
9212-prepare a debt service schedule for the bonds.
9213-(h) The general assembly covenants that it will not repeal or amend
9214-this article in a manner that would adversely affect owners of
9215-outstanding bonds issued, or payment of any lease rentals due, under
9216-this section.
9217-SECTION 176. IC 6-3.6-10-5, AS ADDED BY P.L.243-2015,
9218-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9219-JANUARY 1, 2028]: Sec. 5. Notwithstanding any other law and
9220-subject to IC 6-3.6-6-18(b), if a civil taxing unit desires to issue
9221-obligations, or enter into leases, payable wholly or in part by the taxes
9222-imposed under IC 6-3.6-6 or IC 6-3.6-7, (but not IC 6-3.6-5), the
9223-obligations of the civil taxing unit or any lessor may be sold at public
9224-sale in accordance with IC 5-1-11 or at negotiated sale.
9225-SECTION 177. IC 6-3.6-10-6, AS ADDED BY P.L.243-2015,
9226-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9227-JANUARY 1, 2028]: Sec. 6. (a) A pledge of revenues from a tax
9228-imposed under IC 6-3.6-6 or IC 6-3.6-7 (but not IC 6-3.6-5 before its
9229-expiration) is enforceable in accordance with IC 5-1-14.
9230-(b) With respect to obligations for which a pledge has been made
9231-under IC 6-3.6-6 or IC 6-3.6-7 (but not IC 6-3.6-5 before its
9232-expiration), the general assembly covenants with the county and the
9233-purchasers or owners of those obligations that this article will not be
9234-repealed or amended in any manner that will adversely affect the tax
9235-collected under this article as long as the principal of or interest on
9236-those obligations is unpaid.
9237-SECTION 178. IC 6-3.6-10-9 IS ADDED TO THE INDIANA
9238-CODE AS A NEW SECTION TO READ AS FOLLOWS
9239-SEA 1 — Concur 216
9240-[EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec. 9. (a)
9241-Notwithstanding any other law, for bonds, leases, or any other
9242-obligations incurred after May 9, 2025, a county, city, town, and
9243-any other taxing unit may not pledge for payment from tax
9244-revenue received under this article an amount that exceeds an
9245-amount equal to twenty-five percent (25%) of the taxing unit's
9246-certified distribution under this article.
9247-(b) This section expires July 1, 2027.
9248-SECTION 179. IC 6-3.6-11-1 IS REPEALED [EFFECTIVE
9249-JANUARY 1, 2028]. Sec. 1. (a) This section applies to any county that
9250-imposed a former tax to provide for a levy freeze.
9251-(b) The tax rate used to provide for a levy freeze shall be part of the
9252-tax rate under IC 6-3.6-6. The maximum tax rate that may be applied
9253-for a levy freeze is one percent (1%). The levy freeze tax rate may be
9254-increased but not decreased or rescinded unless an adopting body
9255-adopts a resolution to request approval from the department of local
9256-government finance to lower the levy freeze tax rate.
9257-(c) The department of local government finance shall approve a
9258-lower levy freeze tax rate if it finds that the lower rate, in addition to:
9259-(1) the supplemental distribution as determined in a resolution
9260-adopted under subsection (d); and
9261-(2) the amount in the stabilization fund established under
9262-IC 6-3.5-1.1-24 (repealed) or IC 6-3.5-6-30 (repealed), as
9263-applicable;
9264-would fund the levy freeze dollar amount (the total amount of foregone
9265-maximum levy increases for all taxing units for all years). If the
9266-department approves a lower levy freeze tax rate, the adopting body
9267-must adopt an ordinance to lower the levy freeze tax rate before the
9268-lower rate may take effect. The county shall provide the department
9269-with a determination of the amount in the stabilization funds for
9270-purposes of this subsection.
9271-(d) A county may adopt a resolution to require that a supplemental
9272-distribution amount to be distributed under IC 6-3.6-9-15(d)(4) shall
9273-first be used to lower the levy freeze tax rate in subsection (c). If a
9274-resolution is adopted, the supplemental distribution under
9275-IC 6-3.6-9-15(d)(4) shall first be used to lower a county's levy freeze
9276-tax rate and any additional supplemental distribution calculated that is
9277-above the amount needed to lower the levy freeze tax rate shall be
9278-distributed to each taxing unit as provided under IC 6-3.6-9-15(d)(4).
9279-(e) The revenue from the tax rate shall continue to be applied under
9280-this article as it was applied under the former tax, including the use of
9281-a stabilization fund.
9282-SEA 1 — Concur 217
9283-(f) The distributions of income tax revenue attributable to a levy
9284-freeze tax rate shall be made before allocating or distributing the
9285-remaining revenue under IC 6-3.6-6 or applying the property tax credits
9286-funded by a tax rate under IC 6-3.6-5.
9287-SECTION 180. IC 6-3.6-11-3, AS AMENDED BY P.L.197-2016,
9288-SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9289-JULY 1, 2027]: Sec. 3. (a) This section applies to Lake County's
9290-categorizations, allocations, and distributions under IC 6-3.6-5 (before
9291-its expiration).
9292-(b) The rate under the former tax in Lake County that was used for
9293-any of the following shall be categorized under IC 6-3.6-5 (before its
9294-expiration), and the Lake County council may adopt an ordinance
9295-providing that the revenue from the tax rate under this section may be
9296-used for any of the following:
9297-(1) To reduce all property tax levies imposed by the county by the
9298-granting of property tax replacement credits against those
9299-property tax levies.
9300-(2) To provide local property tax replacement credits in Lake
9301-County in the following manner:
9302-(A) The tax revenue under this section that is collected from
9303-taxpayers within a particular municipality in Lake County (as
9304-determined by the department of state revenue based on the
9305-department's best estimate) shall be used only to provide a
9306-local property tax credit against property taxes imposed by that
9307-municipality.
9308-(B) The tax revenue under this section that is collected from
9309-taxpayers within the unincorporated area of Lake County (as
9310-determined by the department of state revenue) shall be used
9311-only to provide a local property tax credit against property
9312-taxes imposed by the county. The local property tax credit for
9313-the unincorporated area of Lake County shall be available only
9314-to those taxpayers within the unincorporated area of the
9315-county.
9316-(3) To provide property tax credits in the following manner:
9317-(A) Sixty percent (60%) of the tax revenue shall be used as
9318-provided in subdivision (2).
9319-(B) Forty percent (40%) of the tax revenue shall be used to
9320-provide property tax replacement credits against property tax
9321-levies of the county and each township and municipality in the
9322-county. The percentage of the tax revenue distributed under
9323-this item that shall be used as credits against the county's
9324-levies or against a particular township's or municipality's levies
9325-SEA 1 — Concur 218
9326-is equal to the percentage determined by dividing the
9327-population of the county, township, or municipality by the sum
9328-of the total population of the county, each township in the
9329-county, and each municipality in the county.
9330-The Lake County council shall determine whether the credits under
9331-subdivision (1), (2), or (3) shall be provided to homesteads, to all
9332-qualified residential property, or to all taxpayers. The department of
9333-local government finance, with the assistance of the budget agency,
9334-shall certify to the county auditor and the fiscal body of the county and
9335-each township and municipality in the county the amount of property
9336-tax credits under this section. The tax revenue under this section that
9337-is used to provide credits under this section shall be treated for all
9338-purposes as property tax levies but shall not be considered for purposes
9339-of computing the maximum permissible property tax levy under
9340-IC 6-1.1-18.5-3 or the credit under IC 6-1.1-20.6.
9341-(c) Any ordinance adopted under subsection (b) expires
9342-December 31, 2027.
9343-(d) This section expires July 1, 2028.
9344-SECTION 181. IC 6-3.6-11-4, AS AMENDED BY P.L.247-2017,
9345-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9346-JANUARY 1, 2028]: Sec. 4. This section applies to the allocation of
9347-the tax revenue under IC 6-3.6-6 that is dedicated to public safety and
9348-funding for a PSAP (as defined in IC 36-8-16.7-20) that is part of the
9349-statewide 911 system (as defined in IC 36-8-16.7-22) and located
9350-within the county. as provided in IC 6-3.6-6-8. This tax revenue shall
9351-be allocated and distributed to the PSAP before the allocation and
9352-distribution to any taxing units of the remaining tax revenue allocated
9353-to public safety as provided in IC 6-3.6-6.
9354-SECTION 182. IC 6-3.6-11-5.5, AS AMENDED BY P.L.9-2024,
9355-SECTION 193, IS AMENDED TO READ AS FOLLOWS
9356-[EFFECTIVE JANUARY 1, 2028]: Sec. 5.5. (a) This section applies
9357-to Lake County for purposes of categorizations, allocations, and
9358-distributions of additional revenue general purpose revenue that is
9359-allocated each year for economic development purposes. under
9360-IC 6-3.6-6-9 and of certified shares under IC 6-3.6-6. Additional
9361-revenue General purpose revenue that is allocated each year for
9362-economic development purposes by a civil taxing unit listed in
9363-IC 6-3.6-9-5(d) IC 6-3.6-9-5(b) must first be used to provide funding
9364-for a rail project (as defined in IC 36-7.5-1-13.5).
9365-(b) Before the state comptroller may make a certified distribution of
9366-additional revenue general purpose revenue allocated for economic
9367-development purposes, under IC 6-3.6-6-9, the state comptroller shall
9368-SEA 1 — Concur 219
9369-withhold the total amount determined by the department of local
9370-government finance under IC 6-3.6-9-5(d) IC 6-3.6-9-5(b) from the
9371-certified distribution allocated to economic development. The amount
9372-withheld by the state comptroller under this section shall be paid to the
9373-secretary-treasurer of the northwest Indiana regional development
9374-authority (IC 36-7.5) before a certified distribution allocated to
9375-economic development is made to the county and before the county
9376-auditor may otherwise allocate or distribute tax revenue under this
9377-article.
9378-SECTION 183. IC 6-3.6-11-6, AS AMENDED BY P.L.9-2024,
9379-SECTION 194, IS AMENDED TO READ AS FOLLOWS
9380-[EFFECTIVE JANUARY 1, 2028]: Sec. 6. (a) This section applies to
9381-Lake County, LaPorte County, Porter County, and any municipality in
9382-those counties that is a member of the northwest Indiana regional
9383-development authority (IC 36-7.5) for purposes of categorizations,
9384-allocations, and distributions of additional revenue general purpose
9385-revenue that is allocated each year for economic development purposes
9386-under IC 6-3.6-6-9. IC 6-3.6-6.
9387-(b) This subsection applies only to Lake County. The county or a
9388-city described in IC 36-7.5-2-3(b) may use additional revenue general
9389-purpose revenue that is allocated each year for economic development
9390-purposes under IC 6-3.6-6-9 IC 6-3.6-6 for making transfers required
9391-by IC 36-7.5-4-2 or to provide rail project funding under IC 36-7.5-4.5.
9392-The additional revenue general purpose revenue allocated for
9393-economic development and used to make the transfers required by
9394-IC 36-7.5-4-2 or to provide rail project funding shall be paid by the
9395-treasurer of state to the treasurer of the northwest Indiana regional
9396-development authority before certified distributions are made to the
9397-county or any cities or towns in the county. The county or a city or town
9398-in the county may use additional revenue that is allocated each year for
9399-economic development purposes under IC 6-3.6-6-9 to provide
9400-homestead credits in the county, city, or town. The following apply to
9401-homestead credits provided under this subsection:
9402-(1) The county, city, or town fiscal body must adopt an ordinance
9403-authorizing the homestead credits. The ordinance must specify the
9404-amount of additional revenue that will be used to provide
9405-homestead credits in the following year.
9406-(2) The county, city, or town fiscal body that adopts an ordinance
9407-under this subsection must forward a copy of the ordinance to the
9408-county auditor and the department of local government finance
9409-not more than thirty (30) days after the ordinance is adopted.
9410-(3) The homestead credits must be applied uniformly to provide
9411-SEA 1 — Concur 220
9412-a homestead credit for homesteads in the county, city, or town.
9413-(4) The homestead credits shall be treated for all purposes as
9414-property tax levies.
9415-(5) The homestead credits shall be applied to the net property
9416-taxes due on the homestead after the application of all other
9417-assessed value deductions or property tax deductions and credits
9418-that apply to the amount owed under IC 6-1.1.
9419-(6) The state comptroller shall determine the homestead credit
9420-percentage for a particular year based on the amount of additional
9421-revenue that will be used under this subsection to provide
9422-homestead credits in that year.
9423-(c) This subsection applies only to Porter County. From the
15070+other obligations.".
15071+Page 190, line 5, after "rate" insert "of one and two-tenths percent
15072+(1.2%)".
15073+Page 222, line 11, delete "2026." and insert "2027.".
15074+Page 226, between lines 14 and 15, begin a new paragraph and
15075+insert:
15076+"(c) This subsection applies only to Porter County. From the
942415077 general purpose revenue received each year from the rate imposed
942515078 under IC 6-3.6-6, the first three million five hundred thousand
942615079 dollars ($3,500,000) shall be used by the county to make transfers
942715080 as required under IC 36-7.5-4-2 to the northwest Indiana regional
942815081 development authority before any certified distributions are made
942915082 to the county unit or any other taxing unit in the county. The
943015083 adopting body for Porter County may not reduce the proportional
943115084 allocation of the general purpose revenue allocated to Porter
943215085 County if the reduction would result in an amount less than the
943315086 amount necessary for Porter County to fulfill its obligation to the
943415087 northwest Indiana regional development authority to pay to
943515088 support northwest Indiana rail projects (as defined in
9436-IC 5-1.3-2-14) and projects described in IC 36-7.5-4-2.5.
9437-(c) This subsection applies only to LaPorte County as follows:
9438-(1) This subsection applies if:
9439-(A) the county fiscal body has adopted an ordinance under
9440-IC 36-7.5-2-3(d) providing that the county is joining the
9441-northwest Indiana regional development authority; and
9442-(B) the fiscal body of the city described in IC 36-7.5-2-3(d)
9443-has adopted an ordinance under IC 36-7.5-2-3(d) providing
9444-that the city is joining the development authority.
9445-(2) Additional revenue that is allocated each year for economic
9446-development purposes under IC 6-3.6-6-9 may be used by a
9447-county or a city described in IC 36-7.5-2-3(d) for making transfers
9448-required by IC 36-7.5-4-2. In addition, if the allocation of
9449-additional revenue for economic development purposes under
9450-IC 6-3.6-6-9 is increased in the county, the first three million five
9451-hundred thousand dollars ($3,500,000) of the tax revenue that
9452-results each year from the allocation increase shall be used by the
9453-county only to make the county's transfer required by
9454-SEA 1 — Concur 221
9455-IC 36-7.5-4-2 and shall be paid by the treasurer of state to the
9456-treasurer of the northwest Indiana regional development authority
9457-under IC 36-7.5-4-2 before certified distributions are made to the
9458-county or any cities or towns in the county.
9459-(3) All of the additional revenue allocated for economic
9460-development purposes under IC 6-3.6-6-9 that results each year
9461-from an allocation increase described in subdivision (2) and that
9462-is in excess of the first three million five hundred thousand dollars
9463-($3,500,000) must be used by the county and cities and towns in
9464-the county for homestead credits under this subsection. The
9465-following apply to homestead credits provided under this
9466-subsection:
9467-(A) The homestead credits must be applied uniformly to
9468-provide a homestead credit for homesteads in the county, city,
9469-or town.
9470-(B) The homestead credits shall be treated for all purposes as
9471-property tax levies.
9472-(C) The homestead credits shall be applied to the net property
9473-taxes due on the homestead after the application of all other
9474-assessed value deductions or property tax deductions and
9475-credits that apply to the amount owed under IC 6-1.1.
9476-(D) The state comptroller shall determine the homestead credit
9477-percentage for a particular year based on the amount of
9478-additional revenue that will be used under this subdivision to
9479-provide homestead credits in that year.
9480-(d) This subsection applies only to Porter County. The additional
9481-revenue designated each year for economic development purposes
9482-under IC 6-3.6-6 shall be allocated and used as follows:
9483-(1) First, the revenue attributable to an income tax rate of
9484-twenty-five hundredths percent (0.25%) shall be allocated to the
9485-county and cities and towns as provided in IC 6-3.6-6-9.
9486-(2) Second, the next three million five hundred thousand dollars
9487-($3,500,000) of the revenue shall be used for the county or for
9488-eligible municipalities (as defined in IC 36-7.5-1-11.3) in the
9489-county, to make transfers as provided in and required under
9490-IC 36-7.5-4-2. The additional revenue used to make the transfers
9491-as provided in IC 36-7.5-4-2 shall be paid by the treasurer of state
9492-to the treasurer of the northwest Indiana regional development
9493-authority before certified distributions are made to the county or
9494-any taxing unit in the county. If Porter County ceases to be a
9495-member of the northwest Indiana regional development authority
9496-under IC 36-7.5 but two (2) or more municipalities in the county
9497-SEA 1 — Concur 222
9498-have become members of the northwest Indiana regional
9499-development authority as authorized by IC 36-7.5-2-3(h), the
9500-treasurer of state shall continue to transfer this amount to the
9501-treasurer of the northwest Indiana regional development authority
9502-under IC 36-7.5-4-2.
9503-(3) Third, except as provided in IC 36-7.5-3-5, all of the revenue
9504-each year that is in excess of the amounts described in
9505-subdivisions (1) and (2) must be used by the county and cities and
9506-towns in the county for homestead credits. The following apply to
9507-homestead credits provided under this subdivision:
9508-(A) The homestead credits must be applied uniformly to
9509-provide a homestead credit for homesteads in the county, city,
9510-or town.
9511-(B) The homestead credits shall be treated for all purposes as
9512-property tax levies.
9513-(C) The homestead credits shall be applied to the net property
9514-taxes due on the homestead after the application of all other
9515-assessed value deductions or property tax deductions and
9516-credits that apply to the amount owed under IC 6-1.1.
9517-(D) The state comptroller shall determine the homestead credit
9518-percentage for a particular year based on the amount of
9519-additional revenue that will be used under this subdivision to
9520-provide homestead credits in that year.
9521-(e) (d) A transfer made on behalf of a city, town, or county under
9522-this section after December 31, 2018, is to be considered a payment for
9523-services provided to residents by a rail project as those services are
9524-rendered.
9525-(f) (e) A pledge by the northwest Indiana regional development
9526-authority of transferred revenue under this section to the payment of
9527-bonds, leases, or obligations under this article or IC 5-1.3:
9528-(1) constitutes the obligations of the northwest Indiana regional
9529-development authority; and
9530-(2) does not constitute an indebtedness of:
9531-(A) a county or municipality described in this section; or
9532-(B) the state;
9533-within the meaning or application of any constitutional or
9534-statutory provision or limitation.
9535-(g) (f) Neither the transfer of revenue nor the pledge of revenue
9536-transferred under this section is an impairment of contract within the
9537-meaning or application of any constitutional provision or limitation
9538-because of the following:
9539-(1) The statutes governing local income taxes, including the
9540-SEA 1 — Concur 223
9541-transferred revenue, have been the subject of legislation annually
9542-since 1973, and during that time the statutes have been revised,
9543-amended, expanded, limited, and recodified dozens of times.
9544-(2) Owners of bonds, leases, or other obligations to which local
9545-income tax revenues have been pledged recognize that the
9546-regulation of local income taxes has been extensive and
9547-consistent.
9548-(3) All bonds, leases, or other obligations, due to their essential
9549-contractual nature, are subject to relevant state and federal law
9550-that is enacted after the date of a contract.
9551-(4) The state has a legitimate interest in assisting the northwest
9552-Indiana regional development authority in financing rail projects
9553-(as defined in IC 36-7.5-1-13.5).
9554-(h) (g) All proceedings had and actions described in this section are
9555-valid pledges under IC 5-1-14-4 as of the date of those pledges or
9556-actions and are hereby legalized and declared valid if taken before
9557-March 15, 2018.
9558-SECTION 184. IC 6-3.6-11-7, AS AMENDED BY P.L.9-2024,
9559-SECTION 195, IS AMENDED TO READ AS FOLLOWS
9560-[EFFECTIVE JANUARY 1, 2028]: Sec. 7. (a) This section applies to
9561-a civil taxing unit that has previously:
9562-(1) entered into an interlocal cooperation or similar agreement;
9563-(2) adopted an ordinance or resolution; or
9564-(3) taken any other action;
9565-offering to provide revenue to support and finance a rail project or rail
9566-projects (as defined under IC 36-7.5-1-13.5).
9567-(b) The additional revenue general purpose revenue that would
9568-otherwise be allocated to a civil taxing unit described in subsection (a)
9569-shall be withheld under section 5.5 of this chapter by the state
9570-comptroller and shall be paid by the state comptroller to the
9571-secretary-treasurer of the northwest Indiana regional development
9572-authority under IC 36-7.5-4-2 before certified distributions are made to
9573-the county and before the county auditor may allocate or distribute tax
9574-revenue under this article to any civil taxing unit in the county or
9575-counties in which the unit is located.
9576-(c) Amounts:
9577-(1) withheld under section 5.5 of this chapter; and
9578-(2) transferred on behalf of a civil taxing unit under this section;
9579-after December 31, 2018, are considered to be a payment for services
9580-provided to residents by a rail project as such services are rendered.
9581-(d) A pledge by the northwest Indiana regional development
9582-authority of withheld or transferred revenue received under this chapter
9583-SEA 1 — Concur 224
9584-to the payment of bonds, leases, or obligations under IC 36-7.5 or
9585-IC 5-1.3:
9586-(1) constitutes the obligations of the northwest Indiana regional
9587-development authority; and
9588-(2) does not constitute an indebtedness of:
9589-(A) a unit described in this section; or
9590-(B) the state;
9591-within the meaning or application of any constitutional or
9592-statutory provision or limitation.
9593-(e) Neither the withholding or transfer of revenue nor the pledge of
9594-revenue withheld or transferred under this chapter is an impairment of
9595-contract within the meaning or application of any constitutional
9596-provision or limitation because of the following:
9597-(1) The statutes governing local income taxes, including the
9598-withheld or transferred revenue, have been the subject of
9599-legislation annually since 1973, and during that time the statutes
9600-have been revised, amended, expanded, limited, and recodified
9601-dozens of times.
9602-(2) Owners of bonds, leases, or other obligations to which local
9603-income tax revenues have been pledged recognize that the
9604-regulation of local income taxes has been extensive and
9605-consistent.
9606-(3) All bonds, leases, or other obligations, due to their essential
9607-contractual nature, are subject to relevant state and federal law
9608-that is enacted after the date of a contract.
9609-(4) The state has a legitimate interest in assisting the northwest
9610-Indiana regional development authority in financing rail projects
9611-(as defined in IC 36-7.5-1-13.5).
9612-(f) All:
9613-(1) agreements;
9614-(2) ordinances or resolutions; and
9615-(3) proceedings had and actions described in this chapter;
9616-are valid pledges under IC 5-1-14-4 as of the date of those pledges or
9617-actions and are hereby legalized and declared valid if taken before
9618-April 30, 2019.
9619-SECTION 185. IC 6-3.6-11-7.5, AS AMENDED BY P.L.9-2024,
9620-SECTION 196, IS AMENDED TO READ AS FOLLOWS
9621-[EFFECTIVE JANUARY 1, 2028]: Sec. 7.5. (a) An action challenging
9622-any action taken under section 5.5, 5.7, 6, or 7 of this chapter to
9623-withhold or transfer revenue to the secretary-treasurer of the northwest
9624-Indiana regional developmental authority (IC 36-7.5) from a county's
9625-certified distribution must be brought within ten (10) days after the date
9626-SEA 1 — Concur 225
9627-on which the county auditor notifies the secretary-treasurer of the
9628-northwest Indiana regional development authority (IC 36-7.5) of the
9629-amount of certified tax revenue that will be distributed under
9630-IC 6-3.6-9-5(d). IC 6-3.6-9-5(b).
9631-(b) A court shall require a plaintiff to provide a bond with surety in
9632-an amount equal to the total amounts of tax revenue estimated to be
9633-withheld or transferred by the state comptroller from the date of the
9634-filing until December 31, 2049.
9635-(c) The burden of proof in an action under this section is on the
9636-plaintiff.
9637-(d) If the defendant prevails in an action under this section, the court
9638-shall award attorney's fees to the defendant.
9639-SECTION 186. IC 6-6-5-5, AS AMENDED BY P.L.256-2017,
9640-SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9641-JANUARY 1, 2027]: Sec. 5. A person that owns a vehicle and that is
9642-entitled to a property tax deduction under IC 6-1.1-12-13,
9643-IC 6-1.1-12-14, or IC 6-1.1-12-16 (before their expiration) is entitled
9644-to a credit against the vehicle excise tax as follows: Any remaining
9645-deduction from assessed valuation to which the person is entitled,
9646-applicable to property taxes payable in the year in which the excise tax
9647-imposed by this chapter is due, after allowance of the deduction on real
9648-estate and personal property owned by the person, shall reduce the
9649-vehicle excise tax in the amount of two dollars ($2) on each one
9650-hundred dollars ($100) of taxable value or major portion thereof. The
9651-county auditor shall, upon request, furnish a certified statement to the
9652-person verifying the credit allowable under this section, and the
9653-statement shall be presented to and retained by the bureau to support
9654-the credit.
9655-SECTION 187. IC 6-6-5-5.2, AS AMENDED BY P.L.256-2017,
9656-SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9657-JANUARY 1, 2027]: Sec. 5.2. (a) This section applies to a registration
9658-year beginning after December 31, 2013.
9659-(b) Subject to subsection (d), an individual may claim a credit
9660-against the tax imposed by this chapter upon a vehicle owned by the
9661-individual if the individual is eligible for the credit under any of the
9662-following:
9663-(1) The individual meets all the following requirements:
9664-(A) The individual served in the military or naval forces of the
9665-United States during any of its wars.
9666-(B) The individual received an honorable discharge.
9667-(C) The individual has a disability with a service connected
9668-disability of ten percent (10%) or more.
9669-SEA 1 — Concur 226
9670-(D) The individual's disability is evidenced by:
9671-(i) a pension certificate, an award of compensation, or a
9672-disability compensation check issued by the United States
9673-Department of Veterans Affairs; or
9674-(ii) a certificate of eligibility issued to the individual by the
9675-Indiana department of veterans' affairs after the Indiana
9676-department of veterans' affairs has determined that the
9677-individual's disability qualifies the individual to receive a
9678-credit under this section.
9679-(E) The individual does not own property to which a property
9680-tax deduction may be applied under IC 6-1.1-12-13 (before its
9681-expiration).
9682-(2) The individual meets all the following requirements:
9683-(A) The individual served in the military or naval forces of the
9684-United States for at least ninety (90) days.
9685-(B) The individual received an honorable discharge.
9686-(C) The individual either:
9687-(i) has a total disability; or
9688-(ii) is at least sixty-two (62) years of age and has a disability
9689-of at least ten percent (10%).
9690-(D) The individual's disability is evidenced by:
9691-(i) a pension certificate or an award of compensation issued
9692-by the United States Department of Veterans Affairs; or
9693-(ii) a certificate of eligibility issued to the individual by the
9694-Indiana department of veterans' affairs after the Indiana
9695-department of veterans' affairs has determined that the
9696-individual's disability qualifies the individual to receive a
9697-credit under this section.
9698-(E) The individual does not own property to which a property
9699-tax deduction may be applied under IC 6-1.1-12-14 (before its
9700-expiration).
9701-(3) The individual meets both of the following requirements:
9702-(A) The individual is the surviving spouse of any of the
9703-following:
9704-(i) An individual who would have been eligible for a credit
9705-under this section if the individual had been alive in 2013
9706-and this section had been in effect in 2013.
9707-(ii) An individual who received a credit under this section in
9708-the previous calendar year.
9709-(iii) A World War I veteran.
9710-(B) The individual does not own property to which a property
9711-tax deduction may be applied under IC 6-1.1-12-13,
9712-SEA 1 — Concur 227
9713-IC 6-1.1-12-14, or IC 6-1.1-12-16 (before their expiration).
9714-(c) The amount of the credit that may be claimed under this section
9715-is equal to the lesser of the following:
9716-(1) The amount of the excise tax liability for the individual's
9717-vehicle as determined under section 3 or 3.5 of this chapter, as
9718-applicable.
9719-(2) Seventy dollars ($70).
9720-(d) The maximum number of motor vehicles for which an individual
9721-may claim a credit under this section is two (2).
9722-(e) An individual may not claim a credit under both:
9723-(1) this section; and
9724-(2) section 5 of this chapter.
9725-(f) The credit allowed by this section must be claimed on a form
9726-prescribed by the bureau. An individual claiming the credit must attach
9727-to the form an affidavit from the county auditor stating that the
9728-claimant does not own property to which a property tax deduction may
9729-be applied under IC 6-1.1-12-13, IC 6-1.1-12-14, or IC 6-1.1-12-16
9730-(before their expiration).
9731-SECTION 188. IC 6-6-6.5-13, AS AMENDED BY P.L.1-2009,
9732-SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9733-JANUARY 1, 2027]: Sec. 13. (a) As the basis for measuring the tax
9734-imposed by this chapter, the department shall classify every taxable
9735-aircraft in its proper class according to the following classification
9736-plan:
9737-CLASS DESCRIPTION
9738-A Piston-driven
9739-B Piston-driven,
9740-and Pressurized
9741-C Turbine driven
9742-or other Powered
9743-D Homebuilt, Gliders, or
9744-Hot Air Balloons
9745-(b) The tax imposed under this chapter is based on the age, class,
9746-and maximum landing weight of the taxable aircraft. The amount of tax
9747-imposed on the taxable aircraft is based on the following table:
9748-Age Class A Class B Class C Class D
9749-0-4 $.04/lb $.065/lb $.09/lb $.0175/lb
9750-5-8 $.035/lb $.055/lb $.08/lb $.015/lb
9751-9-12 $.03/lb $.05/lb $.07/lb $.0125/lb
9752-13-16 $.025/lb $.025/lb $.025/lb$.01/lb
9753-17-25 $.02/lb $.02/lb $.02/lb $.0075/lb
9754-over 25$.01/lb $.01/lb $.01/lb $.005/lb
9755-SEA 1 — Concur 228
9756-(c) An aircraft owner, who sells an aircraft on which the owner has
9757-paid the tax imposed under this chapter, is entitled to a credit for the
9758-tax paid. The credit equals excise tax paid on the aircraft that was sold,
9759-times the lesser of:
9760-(1) ninety percent (90%); or
9761-(2) ten percent (10%) times the number of months remaining in
9762-the registration year after the sale of the aircraft.
9763-The credit may only be used to reduce the tax imposed under this
9764-chapter on another aircraft purchased by that owner during the
9765-registration year in which the credit accrues. A person may not receive
9766-a refund for a credit under this subsection.
9767-(d) A person who is entitled to a property tax deduction under
9768-IC 6-1.1-12-13 or IC 6-1.1-12-14 (before their expiration) is entitled
9769-to a credit against the tax imposed on the person's aircraft under this
9770-chapter. The credit equals the amount of the property tax deduction to
9771-which the person is entitled under IC 6-1.1-12-13 and IC 6-1.1-12-14
9772-(before their expiration) minus the amount of that deduction used to
9773-offset the person's property taxes or vehicle excise taxes, times seven
9774-hundredths (.07). The credit may not exceed the amount of the tax due
9775-under this chapter. The county auditor shall, upon the person's request,
9776-furnish a certified statement showing the credit allowable under this
9777-subsection. The department may not allow a credit under this
9778-subsection until the auditor's statement has been filed in the
9779-department's office.
9780-SECTION 189. IC 6-8.1-6-9 IS ADDED TO THE INDIANA CODE
9781-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9782-1, 2025]: Sec. 9. Beginning with the individual adjusted gross
9783-income tax return for taxable years beginning in 2025, the
9784-department of state revenue shall include on the adjusted gross
9785-income tax return a requirement that the taxpayer identify the
9786-address of the taxpayer's principal place of residence.
9787-SECTION 190. IC 6-9-10.5-8, AS AMENDED BY P.L.197-2016,
9788-SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9789-JULY 1, 2027]: Sec. 8. (a) If the tax levied under section 6 of this
9790-chapter is increased by an ordinance adopted by the county fiscal body
9791-after June 30, 2011, the county treasurer shall establish a county
9792-promotion fund. The county treasurer shall deposit in the county
9793-promotion fund the difference between:
9794-(1) the amount received under section 6 of this chapter; minus
9795-(2) the amount deposited in the lake enhancement fund under
9796-section 7(c) of this chapter.
9797-(b) In a county in which a commission has been established under
9798-SEA 1 — Concur 229
9799-section 9 of this chapter, the county auditor shall issue a warrant
9800-directing the county treasurer to transfer money from the county
9801-promotion fund to the commission's treasurer if the commission
9802-submits a written request for the transfer.
9803-(c) Money in a county promotion fund, or money transferred from
9804-such a fund under subsection (b), may be expended only to promote
9805-and encourage conventions, visitors, tourism, and economic
9806-development within the county. Expenditures that may be made under
9807-this subsection include expenditures for advertising, promotional
9808-activities, trade shows, special events, and recreation, and expenditures
9809-that are authorized by IC 6-3.6-10-2 with respect to the county's
9810-additional revenue that is allocated for economic development
9811-purposes under IC 6-3.6-6-9. IC 6-3.6-6.
9812-SECTION 191. IC 8-5-15-5, AS AMENDED BY P.L.108-2019,
9813-SECTION 150, IS AMENDED TO READ AS FOLLOWS
9814-[EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec. 5. (a) The
9815-board has all powers reasonably necessary to carry out the purpose of
9816-this chapter including the following powers:
9817-(1) To receive federal, state, county, and municipal funds, or
9818-private contributions and disburse them for the purpose of aiding
9819-commuter transportation systems serving the district.
9820-(2) To monitor and evaluate the use of funds granted or
9821-distributed by the district.
9822-(3) To apply for federal, state, municipal, or county funds for the
9823-purpose of rendering assistance to commuter transportation
9824-systems.
9825-(4) To coordinate its plans and activities with:
9826-(A) any public transportation authority serving one (1) or more
9827-counties that are served by the system and through which the
9828-system passes;
9829-(B) the Indiana department of transportation;
9830-(C) regional planning commissions serving any portion of the
9831-district;
9832-(D) units of county and municipal government included in the
9833-district; and
9834-(E) any regional transportation authority, transit authority, or
9835-like governmental unit in another state if the commuter
9836-transportation system crosses the boundary of the state or
9837-serves another.
9838-(5) To purchase, lease, or lease with option to purchase capital
9839-equipment in aid of any system of commuter transportation
9840-operating in the district, and lease the equipment to the system
9841-SEA 1 — Concur 230
9842-under conditions and for a term to be determined by the board.
9843-(6) As a municipal corporation, to sue and be sued.
9844-(7) To conduct public hearings to accomplish the purpose of this
9845-chapter.
9846-(8) To seek and accept the assistance of any public or publicly
9847-funded agency in carrying out its functions and duties.
9848-(9) To enter into agreements with either private or public agencies
9849-for any purpose required to accomplish the intent of this chapter.
9850-The board may enter into a trust indenture or any other agreement
9851-with the board for depositories in order to obtain a loan or a loan
9852-guarantee under IC 5-13-12-11.
9853-(10) To set levels of service and rates notwithstanding IC 8-3-1,
9854-for transportation of passengers subject to section 7 of this
9855-chapter.
9856-(11) To expend funds granted to the district from any source for
9857-the purpose of paying reasonable administrative expenses.
9858-(12) To purchase, acquire, lease, or lease with option to purchase
9859-all or any part of the assets of a railroad that is providing
9860-commuter transportation services within the district and to
9861-purchase or acquire all or any part of the issued and outstanding
9862-stock of a railroad that is providing commuter transportation
9863-services within the district.
9864-(13) To own all or any part of the capital stock or assets of a
9865-railroad that is providing commuter transportation services within
9866-the district, and to operate either directly, by management
9867-contract, or by lease any such railroad.
9868-(14) Subject to section 5.3 of this chapter, to issue revenue
9869-bonds of the district payable solely from revenues for the purpose
9870-of paying all or any part of the cost of acquiring the capital stock
9871-of a railroad company, all or any part of the assets of a railroad, or
9872-any property, real or personal, for the purposes of this chapter.
9873-(15) To acquire, lease, construct, maintain, repair, police, and
9874-operate a railroad and to establish rules for the use of the railroad
9875-and other properties subject to the jurisdiction and control of the
15089+IC 5-1.3-2-14) and projects described in IC 36-7.5-4-2.5.".
15090+Page 228, line 13, delete "(c)" and insert "(d)".
15091+Page 228, line 17, delete "(d)" and insert "(e)".
15092+Page 228, line 27, delete "(e)" and insert "(f)".
15093+Page 229, line 3, delete "(f)" and insert "(g)".
15094+Page 248, line 6, delete "Regardless of whether a charter school is
15095+located in the" and insert "The county executive of the county in
15096+which the charter school organizer is incorporated shall appoint
15097+one (1) individual to serve as a member of the charter school
987615098 board.
9877-(16) To acquire and dispose of real and personal property in the
9878-exercise of its powers and the performance of its duties under this
9879-chapter.
9880-(17) To lease to others for development or operation all or any
9881-part of a railroad on such terms and conditions as the board
9882-considers advisable.
9883-(18) To make and enter into all contracts, undertakings, and
9884-SEA 1 — Concur 231
9885-agreements necessary or incidental to the performance of its
9886-duties and the execution of its powers under this chapter.
9887-(19) To employ, subject to sections 18 and 19 of this chapter, an
9888-executive director or manager, consulting engineers,
9889-superintendents, and such other engineers, construction and
9890-accounting experts, attorneys, and other employees and agents as
9891-may be necessary in its judgment, and to fix their compensation.
9892-(20) To negotiate and enter into agreements for railroad trackage
9893-rights regardless of the location of the track.
9894-(21) To authorize the Indiana department of transportation to
9895-exercise all or a part of the powers of the board under this chapter
9896-or IC 5-1.3 that are necessary or desirable to accomplish the
9897-purposes of this chapter or IC 5-1.3, subject, in each case, to the
9898-agreement of the Indiana department of transportation.
9899-(22) To do all other acts necessary or reasonably incident to
9900-carrying out the purpose of this chapter.
9901-(b) Notwithstanding the powers granted to the board in subsection
9902-(a), the district does not have the power to levy taxes.
9903-(c) In the event the board of trustees determines that the commuter
9904-transportation system or the railroad owned by the district cannot
9905-continue to provide adequate transportation service, or the district is
9906-terminated, the board may, subject to the conditions of any state or
9907-federal grant used to purchase equipment or property, dispose of any
9908-properties of the district.
9909-(d) In the event the district is dissolved, ninety percent (90%) of the
9910-proceeds shall be paid to the state and ten percent (10%) to the counties
9911-in proportion to their contributions.
9912-(e) In the exercise of any of the powers granted to the board in
9913-subsection (a), the board is not subject to any other laws related to
9914-commuter transportation systems or railroads.
9915-SECTION 192. IC 8-5-15-5.3 IS ADDED TO THE INDIANA
9916-CODE AS A NEW SECTION TO READ AS FOLLOWS
9917-[EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec. 5.3.
9918-Notwithstanding any other law, the northern Indiana commuter
9919-transportation district established under this chapter may not issue
9920-new bonds, new notes, or other new evidences of indebtedness after
9921-May 9, 2025, that are payable in whole or in part from amounts
9922-distributed to the northern Indiana commuter transportation
9923-district from the commuter rail service fund (IC 8-3-1.5-20.5) or
9924-the electric rail service fund (IC 8-3-1.5-20.6). However, this
9925-section may not be construed to prohibit the refinancing of
9926-outstanding indebtedness originally incurred before May 10, 2025.
9927-SEA 1 — Concur 232
9928-SECTION 193. IC 8-5-15-5.4 IS AMENDED TO READ AS
9929-FOLLOWS [EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec.
9930-5.4. (a) Subject to section 5.3 of this chapter, the board may provide
9931-by resolution, at one (1) time or from time to time, for the issuance of
9932-revenue bonds of the district for the purpose of paying all or any part
9933-of the cost of a railroad project. The principal of and the interest on the
9934-bonds are payable solely from the revenues specifically pledged to the
9935-payment thereof. The bonds of each issue shall be dated, bear interest
9936-at any rate, and mature at a time or times not exceeding forty (40) years
9937-from the date thereof, as may be determined by the board, and may be
9938-made redeemable before maturity, at the option of the board, at such
9939-price or prices and under such terms and conditions as may be fixed by
9940-the board in the authorizing resolution.
9941-(b) The board shall determine the form of the bonds, including any
9942-interest coupons to be attached to the bonds, and shall fix the
9943-denomination or denominations of the bonds and the place or places of
9944-payment of principal and interest.
9945-(c) The bonds shall be issued in the name of the district and
9946-executed by the manual or facsimile signature of the president of the
9947-board. The manual or facsimile seal of the district shall be affixed or
9948-imprinted on the bonds and attested by the manual or facsimile
9949-signature of the secretary of the district. However, one (1) of the
9950-signatures must be manual, unless the bonds are authenticated by the
9951-manual signature of an authorized representative of a trustee for the
9952-bondholders. Any coupons attached to the bonds must bear the
9953-facsimile signature of the treasurer of the board. In case any officer
9954-whose signature or a facsimile of whose signature appears on any
9955-bonds or coupons ceases to be an officer before the delivery of the
9956-bonds, the signature or facsimile shall nevertheless be considered valid
9957-and sufficient for all purposes the same as if he had remained in office
9958-until the delivery. The bonds must contain on their face a statement to
9959-the effect that the bonds, as to both principal and interest, are payable
9960-solely from the revenues pledged for their payment.
9961-(d) All bonds issued under this chapter have all the qualities and
9962-incidents of negotiable instruments under the negotiable instruments
9963-law of Indiana.
9964-(e) The bonds may be issued in coupon, registered, or book entry
9965-form, or any combination of these, as the board may determine, and
9966-provision may be made for the registration of any coupon bonds as to
9967-principal alone and also as to both principal and interest, and for the
9968-reconversion into coupon bonds of any bonds registered as to both
9969-principal and interest.
9970-SEA 1 — Concur 233
9971-(f) The board may sell the bonds in such manner and for such price
9972-as it may determine to be in the best interest of the district, either at
9973-public sale under IC 5-1-11 or at private sale.
9974-(g) The board may issue bonds under this chapter only after
9975-obtaining approval of the issuance by the Indiana department of
9976-transportation. Before giving approval, the Indiana department of
9977-transportation shall give due consideration to any contract terms and
9978-conditions that impinge on the continuation of revenues for the term of
9979-any bond.
9980-(h) This chapter constitutes full and complete authority for the
9981-issuance of bonds. No law, procedure or proceedings, publications,
9982-notices, consents, approvals, orders, acts, or things by the board or any
9983-other officer, department, agency or instrumentality of the state, county,
9984-or any municipality shall be required to issue such bonds except as may
9985-be prescribed in this chapter.
9986-(i) Bonds issued under the provisions of this section shall constitute
9987-legal investments for any private trust funds, and the funds of any
9988-banks, trust companies, insurance companies, building and loan
9989-associations, credit unions, banks of discount and deposit, savings
9990-banks, loans and trust and safe deposit companies, rural loan and
9991-savings associations, guaranty loan and savings associations, mortgage
9992-guaranty companies, small loan companies, industrial loan and
9993-investment companies, and any other financial institutions organized
9994-under the laws of the state of Indiana.
9995-(j) Bonds may not be sold to purchase or lease assets or purchase
9996-capital stock of a railroad unless the board has a written undertaking
9997-from the seller or lessor that the seller or lessor will take no direct
9998-action calculated to cause the reduction of levels of freight service
9999-being rendered or revenues being generated on any such railroad for a
10000-period of time not less than the term of the bonds.
10001-SECTION 194. IC 8-9.5-8-17, AS AMENDED BY P.L.99-2007,
10002-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10003-JANUARY 1, 2027]: Sec. 17. The authority shall study and implement
10004-programs to assist in the transportation of military veterans or
10005-individuals with a disability (as defined in IC 6-1.1-12-11 before its
10006-expiration) who travel on a toll road to or from a hospital for
10007-treatment. However, a program may not be inconsistent with the trust
10008-indenture securing the bonds of the toll road.
10009-SECTION 195. IC 8-18-22-6, AS AMENDED BY P.L.256-2017,
10010-SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10011-JULY 1, 2027]: Sec. 6. (a) Except as provided in subsection (b), the
10012-county fiscal body may pledge revenues for the payment of principal
10013-SEA 1 — Concur 234
10014-and interest on the bonds and for other purposes under the ordinance
10015-as provided by IC 5-1-14-4, including revenues from the following
10016-sources:
10017-(1) The motor vehicle highway account.
10018-(2) The local road and street account.
10019-(3) The county vehicle excise tax.
10020-(4) The county wheel tax.
10021-(5) The local income tax (IC 6-3.6).
10022-(6) Assessments.
10023-(7) Any other unappropriated or unencumbered money.
10024-(b) The county fiscal body may not pledge to levy ad valorem
10025-property taxes for these purposes, except for revenues from the
10026-following:
10027-(1) IC 8-16-3.
10028-(2) IC 8-16-3.1.
10029-(c) If the county fiscal body has pledged revenues from the local
10030-income tax as set forth in subsection (a), the local income tax council
10031-(as defined in IC 6-3.6-2-12) county fiscal body may covenant that the
10032-council county fiscal body will not repeal or modify the tax in a
10033-manner that would adversely affect owners of outstanding bonds issued
10034-under this chapter. The local income tax council county fiscal body
10035-may make the covenant by adopting an ordinance using procedures
10036-described in IC 6-3.6-3.
10037-SECTION 196. IC 8-22-3.5-9, AS AMENDED BY P.L.174-2022,
10038-SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10039-JULY 1, 2027]: Sec. 9. (a) As used in this section, "base assessed
10040-value" means, subject to subsection (k):
10041-(1) the net assessed value of all the tangible property as finally
10042-determined for the assessment date immediately preceding the
10043-effective date of the allocation provision of the commission's
10044-resolution adopted under section 5 or 9.5 of this chapter,
10045-notwithstanding the date of the final action taken under section 6
10046-of this chapter; plus
10047-(2) to the extent it is not included in subdivision (1), the net
10048-assessed value of property that is assessed as residential property
10049-under the rules of the department of local government finance,
10050-within the airport development zone, as finally determined for the
10051-current assessment date.
10052-However, subdivision (2) applies only to an airport development zone
10053-established after June 30, 1997, and the portion of an airport
10054-development zone established before June 30, 1997, that is added to an
10055-existing airport development zone.
10056-SEA 1 — Concur 235
10057-(b) A resolution adopted under section 5 of this chapter and
10058-confirmed under section 6 of this chapter must include a provision with
10059-respect to the allocation and distribution of property taxes for the
10060-purposes and in the manner provided in this section.
10061-(c) The allocation provision must:
10062-(1) apply to the entire airport development zone; and
10063-(2) require that any property tax on taxable tangible property
10064-subsequently levied by or for the benefit of any public body
10065-entitled to a distribution of property taxes in the airport
10066-development zone be allocated and distributed as provided in
10067-subsections (d) and (e).
10068-(d) Except as otherwise provided in this section:
10069-(1) the proceeds of the taxes attributable to the lesser of:
10070-(A) the assessed value of the tangible property for the
10071-assessment date with respect to which the allocation and
10072-distribution is made; or
10073-(B) the base assessed value;
10074-shall be allocated and, when collected, paid into the funds of the
10075-respective taxing units; and
10076-(2) the excess of the proceeds of the property taxes imposed for
10077-the assessment date with respect to which the allocation and
10078-distribution are made that are attributable to taxes imposed after
10079-being approved by the voters in a referendum or local public
10080-question conducted after April 30, 2010, not otherwise included
10081-in subdivision (1) shall be allocated to and, when collected, paid
10082-into the funds of the taxing unit for which the referendum or local
10083-public question was conducted.
10084-(e) All of the property tax proceeds in excess of those described in
10085-subsection (d) shall be allocated to the eligible entity for the airport
10086-development zone and, when collected, paid into special funds as
10087-follows:
10088-(1) The commission may determine that a portion of tax proceeds
10089-shall be allocated to a training grant fund to be expended by the
10090-commission without appropriation solely for the purpose of
10091-reimbursing training expenses incurred by public or private
10092-entities in the training of employees for the qualified airport
10093-development project.
10094-(2) The commission may determine that a portion of tax proceeds
10095-shall be allocated to a debt service fund and dedicated to the
10096-payment of principal and interest on revenue bonds or a loan
10097-contract of the board of aviation commissioners or airport
10098-authority for a qualified airport development project, to the
10099-SEA 1 — Concur 236
10100-payment of leases for a qualified airport development project, or
10101-to the payment of principal and interest on bonds issued by an
10102-eligible entity to pay for qualified airport development projects in
10103-the airport development zone or serving the airport development
10104-zone.
10105-(3) The commission may determine that a part of the tax proceeds
10106-shall be allocated to a project fund and used to pay expenses
10107-incurred by the commission for a qualified airport development
10108-project that is in the airport development zone or is serving the
10109-airport development zone.
10110-(4) Except as provided in subsection (f), all remaining tax
10111-proceeds after allocations are made under subdivisions (1), (2),
10112-and (3) shall be allocated to a project fund and dedicated to the
10113-reimbursement of expenditures made by the commission for a
10114-qualified airport development project that is in the airport
10115-development zone or is serving the airport development zone.
10116-(f) Before July 15 of each year, the commission shall do the
10117-following:
10118-(1) Determine the amount, if any, by which tax proceeds allocated
10119-to the project fund in subsection (e)(3) in the following year will
10120-exceed the amount necessary to satisfy amounts required under
10121-subsection (e).
10122-(2) Provide a written notice to the county auditor and the officers
10123-who are authorized to fix budgets, tax rates, and tax levies under
10124-IC 6-1.1-17-5 for each of the other taxing units that is wholly or
10125-partly located within the allocation area. The notice must:
10126-(A) state the amount, if any, of excess tax proceeds that the
10127-commission has determined may be allocated to the respective
10128-taxing units in the manner prescribed in subsection (d)(1); or
10129-(B) state that the commission has determined that there are no
10130-excess tax proceeds that may be allocated to the respective
10131-taxing units in the manner prescribed in subsection (d)(1).
10132-The county auditor shall allocate to the respective taxing units the
10133-amount, if any, of excess tax proceeds determined by the
10134-commission.
10135-(g) When money in the debt service fund and in the project fund is
10136-sufficient to pay all outstanding principal and interest (to the earliest
10137-date on which the obligations can be redeemed) on revenue bonds
10138-issued by the board of aviation commissioners or airport authority for
10139-the financing of qualified airport development projects, all lease rentals
10140-payable on leases of qualified airport development projects, and all
10141-costs and expenditures associated with all qualified airport
10142-SEA 1 — Concur 237
10143-development projects, money in the debt service fund and in the project
10144-fund in excess of those amounts shall be paid to the respective taxing
10145-units in the manner prescribed by subsection (d)(1).
10146-(h) Property tax proceeds allocable to the debt service fund under
10147-subsection (e)(2) must, subject to subsection (g), be irrevocably
10148-pledged by the eligible entity for the purpose set forth in subsection
10149-(e)(2).
10150-(i) Notwithstanding any other law, each assessor shall, upon petition
10151-of the commission, reassess the taxable tangible property situated upon
10152-or in, or added to, the airport development zone effective on the next
10153-assessment date after the petition.
10154-(j) Notwithstanding any other law, the assessed value of all taxable
10155-tangible property in the airport development zone, for purposes of tax
10156-limitation, property tax replacement, and formulation of the budget, tax
10157-rate, and tax levy for each political subdivision in which the property
10158-is located is the lesser of:
10159-(1) the assessed value of the tangible property as valued without
10160-regard to this section; or
10161-(2) the base assessed value.
10162-(k) If the commission confirms, or modifies and confirms, a
10163-resolution under section 6 of this chapter and the commission makes
10164-either of the filings required under section 6(c) of this chapter after the
10165-first anniversary of the effective date of the allocation provision, the
10166-auditor of the county in which the airport development zone is located
10167-shall compute the base assessed value for the allocation area using the
10168-assessment date immediately preceding the later of:
10169-(1) the date on which the documents are filed with the county
10170-auditor; or
10171-(2) the date on which the documents are filed with the department
10172-of local government finance.
10173-(l) For an airport development zone established after June 30, 2024,
10174-"residential property" refers to the assessed value of property that is
10175-allocated to the one percent (1%) homestead land and improvement
10176-categories in the county tax and billing software system, along with the
10177-residential assessed value as defined for purposes of calculating the
10178-rate for the local income tax property tax relief credit designated for
10179-residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
10180-SECTION 197. IC 12-20-25-34, AS AMENDED BY P.L.197-2016,
10181-SECTION 103, IS AMENDED TO READ AS FOLLOWS
10182-[EFFECTIVE JULY 1, 2027]: Sec. 34. The financial plan adopted
10183-under section 33 of this chapter may include the following:
10184-(1) The adoption in the current year of a local income tax rate
10185-SEA 1 — Concur 238
10186-under IC 6-3.6 not to exceed one percent (1%). If a local income
10187-tax rate is imposed under this chapter, the ordinance must specify
10188-whether any revenue in excess of the rate needed to carry out the
10189-financial plan is to be used for property tax relief (IC 6-3.6-5)
10190-(before its expiration) or as additional revenue (IC 6-3.6-6). The
10191-revenue from the tax rate under this section shall be distributed as
10192-provided in this chapter. The adoption of a local income tax rate
10193-under this chapter is in addition to the local income tax rate under
10194-IC 6-3.6 that may already be in effect in the county.
10195-(2) The payment of township assistance with county money.
10196-(3) The elimination or reduction of township assistance services
10197-not required under this article.
10198-SECTION 198. IC 12-20-25-35, AS AMENDED BY P.L.197-2016,
10199-SECTION 104, IS AMENDED TO READ AS FOLLOWS
10200-[EFFECTIVE JULY 1, 2027]: Sec. 35. (a) The control board shall
10201-report the following to the county fiscal body:
10202-(1) The audit findings of the management committee.
10203-(2) The financial plan adopted under section 33 of this chapter.
10204-(b) Not more than thirty (30) days after notice, the county fiscal
10205-body shall adopt one (1) of the following:
10206-(1) An ordinance adopting the financial plan adopted by the
10207-control board.
10208-(2) An ordinance rejecting the financial plan adopted by the
10209-control board.
10210-(c) Notwithstanding IC 6-3.6-3, if:
10211-(1) the financial plan adopted under section 33 of this chapter
10212-includes a local income tax rate; and
10213-(2) the fiscal body adopts an ordinance adopting the financial plan
10214-under subsection (b);
10215-the local income tax rate is imposed at the rate adopted in the financial
10216-plan. Subject to the requirements of this chapter and notwithstanding
10217-that the local income tax council may be the adopting body specified
10218-in IC 6-3.6-3-1, the county fiscal body, rather than the local income tax
10219-council, has the authority granted to a local income tax council by
10220-IC 6-3.6-3 as long as the local income tax rate imposed under this
10221-chapter remains in effect.
10222-SECTION 199. IC 14-33-7-3 IS AMENDED TO READ AS
10223-FOLLOWS [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]:
10224-Sec. 3. (a) Except as provided in subsection (b), in all districts
10225-described in IC 14-33-9-4, the special benefits tax rate may not exceed
10226-six and sixty-seven hundredths cents ($0.0667) on each one hundred
10227-dollars ($100) of assessed valuation of property in the taxing district.
10228-SEA 1 — Concur 239
10229-(b) This subsection applies to a district established after
10230-December 31, 2024. The special benefits tax rate may not exceed
10231-five cents ($0.05) on each one hundred dollars ($100) of assessed
10232-valuation of property in the taxing district.
10233-SECTION 200. IC 20-23-19 IS ADDED TO THE INDIANA CODE
10234-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
10235-UPON PASSAGE]:
10236-Chapter 19. Dissolution of Union School Corporation
10237-Sec. 1. As used in this chapter, "annex" has the meaning set
10238-forth in IC 20-23-5-2.
10239-Sec. 2. The Union School Corporation and the governing body
10240-of the Union School Corporation are dissolved on July 1, 2027.
10241-Sec. 3. (a) On July 1, 2027, the territory of the Union School
10242-Corporation is annexed as follows:
10243-(1) All of the territory of the Union School Corporation that
10244-is located in Henry County is annexed to the Blue River
10245-Valley Schools School Corporation.
10246-(2) All of the territory of the Union School Corporation that
10247-is located in Randolph County is annexed to the Monroe
10248-Central School Corporation.
10249-(b) The Union School Corporation may not, after July 1, 2025,
10250-do any of the following:
10251-(1) Issue new bonds.
10252-(2) Enter into a lease.
10253-(3) Otherwise incur any new obligations.
10254-Sec. 4. (a) Notwithstanding IC 20-26-7.1, the governing body of
10255-the Union School Corporation, before its dissolution under this
10256-chapter, shall offer for sale and sell in the open market any
10257-building and real property owned by the Union School
10258-Corporation.
10259-(b) If the governing body is unable to sell a building described
10260-in subsection (a), the governing body of the Union School
10261-Corporation shall make the building available for purchase as
10262-provided under IC 20-26-7.1.
10263-(c) If the governing body of the Union School Corporation does
10264-not sell a building or any real property described in subsection (a),
10265-the governing body shall transfer ownership of the building and
10266-any real property to the governing body of the Monroe Central
10267-School Corporation.
10268-(d) Notwithstanding IC 20-26-7.1, the governing body of the
10269-Monroe Central School Corporation may offer for sale and sell any
10270-building or real property transferred under subsection (c) in the
10271-SEA 1 — Concur 240
10272-open market.
10273-Sec. 5. (a) The governing body of the Union School Corporation
10274-shall use any unencumbered funds and assets, including buses or
10275-other personal property, owned or held by the Union School
10276-Corporation to pay existing debts or liabilities of the Union School
10277-Corporation.
10278-(b) If funds and assets described in subsection (a) are
10279-insufficient to pay all the existing debts or liabilities of the Union
10280-School Corporation, there is appropriated on June 1, 2027, to the
10281-Union School Corporation from the state general fund an amount
10282-sufficient to pay off all existing debts of the Union School
10283-Corporation.
10284-Sec. 6. (a) If the Union School Corporation has any remaining
10285-unencumbered funds or assets after all debts of the Union School
10286-Corporation are paid, the remaining unencumbered funds or assets
10287-must be divided for transfer to the Blue River Valley Schools
10288-School Corporation and the Monroe Central School Corporation
10289-as follows:
10290-STEP ONE: Determine the total assessed value of all property
10291-subject to taxation by the Union School Corporation.
10292-STEP TWO: Determine the total assessed value of all
10293-property subject to taxation by the Union School Corporation
10294-that is located in Henry County.
10295-STEP THREE: Determine the total assessed value of all
10296-property subject to taxation by the Union School Corporation
10297-that is located in Randolph County.
10298-STEP FOUR: Calculate the quotient of:
10299-(A) STEP TWO; divided by
10300-(B) STEP ONE.
10301-STEP FIVE: Calculate the quotient of:
10302-(A) STEP THREE; divided by
10303-(B) STEP ONE.
10304-STEP SIX: Determine the product of:
10305-(A) the amount or value of any remaining unencumbered
10306-funds or assets of the Union School Corporation;
10307-multiplied by
10308-(B) STEP FOUR.
10309-STEP SEVEN: Determine the product of:
10310-(A) the amount or value of any remaining unencumbered
10311-funds or assets of the Union School Corporation;
10312-multiplied by
10313-(B) STEP FIVE.
10314-SEA 1 — Concur 241
10315-(b) The governing body of the Union School Corporation shall
10316-do the following:
10317-(1) Determine the amount of the fair market value of each
10318-remaining unencumbered asset owned by the Union School
10319-Corporation.
10320- (2) Transfer the following not later than June 30, 2027:
10321-(A) The amount of any funds plus assets, as applicable, that
10322-is equal to the product determined under STEP SIX of
10323-subsection (a) to the Blue River Valley Schools School
10324-Corporation.
10325-(B) The amount of any funds plus assets, as applicable, that
10326-is equal to the product determined under STEP SEVEN of
10327-subsection (a) to the Monroe Central School Corporation.
10328-Sec. 7. (a) With the addition of the annexed territory under this
10329-chapter, the governing body of the Blue River Valley Schools
10330-School Corporation shall, not later than July 1, 2025, begin the
10331-process of adopting a plan, as needed, to determine the manner in
10332-which the governing body shall be constituted.
10333-(b) With the addition of the annexed territory under this
10334-chapter, the governing body of the Monroe Central School
10335-Corporation shall, not later than July 1, 2025, begin the process of
10336-adopting a plan, as needed, to determine the manner in which the
10337-governing body shall be constituted.
10338-(c) Except as provided in subsection (d), the plan shall be
10339-adopted in accordance with the requirements and procedures of
10340-IC 20-23-8.
10341-(d) The adoption of a plan under IC 20-23-8-10 and the
10342-submission of the plan to the state board under IC 20-23-8-15 are
10343-the only procedures required when an existing plan is changed as
10344-described in IC 20-23-5-11(b).
10345-(e) A plan described in subsection (a) or (b) must be adopted
10346-and effective not later than May 15, 2027.
10347-Sec. 8. For purposes of meeting the requirements of IC 3-8-1-34,
10348-an individual residing in territory annexed under section 3 of this
10349-chapter is considered a resident of the Blue River Valley Schools
10350-School Corporation or the Monroe Central School Corporation,
10351-whichever is applicable, during the time period in which the
10352-individual resided in the territory before the annexation.
10353-Sec. 9. This subsection applies to the second installment of
10354-property taxes first due and payable in 2027. In the case of
10355-property tax revenue that, if not for the application of this chapter,
10356-is collected for Union School Corporation that is attributable to
10357-SEA 1 — Concur 242
10358-tangible property located in Randolph County, the Randolph
10359-County auditor shall distribute the property tax revenue instead to
10360-Monroe Central School Corporation. In the case of property tax
10361-revenue that, if not for the application of this chapter, is collected
10362-for Union School Corporation that is attributable to tangible
10363-property located in Henry County, the Henry County auditor shall
10364-distribute the property tax revenue instead to Blue River Valley
10365-School Corporation.
10366-Sec. 10. This chapter expires July 1, 2028.
10367-SECTION 201. IC 20-24-3-19 IS ADDED TO THE INDIANA
10368-CODE AS A NEW SECTION TO READ AS FOLLOWS
10369-[EFFECTIVE JULY 1, 2025]: Sec. 19. (a) This section applies to a
10370-charter school that receives property tax revenue under any statute
10371-referred to in IC 20-24-7-6.1 or IC 20-24-7-6.2.
10372-(b) As used in this section, "executive" has the meaning set forth
10373-in IC 36-1-2-5.
10374-(c) The county executive of the county in which the charter
10375-school organizer is incorporated shall appoint one (1) individual to
10376-serve as a member of the charter school board.
1037715099 (d) In the case of a charter school organizer that operates more
1037815100 than one (1) charter school located in more than one (1) county, the
1037915101 county executive of the county in which the charter school is
1038015102 incorporated shall appoint the member under this section.
1038115103 (e) The following may not be appointed to a governing board
1038215104 under this section:
1038315105 (1) An individual currently serving on the governing body of
1038415106 a school corporation.
1038515107 (2) An individual currently employed by a school corporation.
1038615108 (f) A county executive may designate an individual who already
15109+ES 1—LS 7244/DI 120 350
1038715110 serves on the governing board of the charter school as the county
10388-executive's appointee under subsection (c).
10389-SECTION 202. IC 20-24-4-1, AS AMENDED BY P.L.150-2024,
10390-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10391-JULY 1, 2025]: Sec. 1. (a) A charter must meet the following
10392-requirements:
10393-(1) Be a written instrument.
10394-(2) Be executed by an authorizer and an organizer.
10395-(3) Confer certain rights, franchises, privileges, and obligations
10396-on a charter school.
10397-(4) Confirm the status of a charter school as a public school.
10398-(5) Subject to subdivision (6)(E), be granted for:
10399-(A) not less than three (3) years or more than fifteen (15)
10400-SEA 1 — Concur 243
10401-years; and
10402-(B) a fixed number of years agreed to by the authorizer and the
10403-organizer.
10404-(6) Provide for the following:
10405-(A) A review by the authorizer of the charter school's
10406-performance, including the progress of the charter school in
10407-achieving the academic goals set forth in the charter, at least
10408-one (1) time in each five (5) year period while the charter is in
10409-effect.
10410-(B) Renewal, if the authorizer and the organizer agree to renew
10411-the charter.
10412-(C) The renewal application must include guidance from the
10413-authorizer, and the guidance must include the performance
10414-criteria that will guide the authorizer's renewal decisions.
10415-(D) The renewal application process must, at a minimum,
10416-provide an opportunity for the charter school to:
10417-(i) present additional evidence, beyond the data contained in
10418-the performance report, supporting its case for charter
10419-renewal;
10420-(ii) describe improvements undertaken or planned for the
10421-charter school; and
10422-(iii) detail the charter school's plans for the next charter
10423-term.
10424-(E) Not later than the end of the calendar year in which the
10425-charter school seeks renewal of a charter, the governing board
10426-of a charter school seeking renewal shall submit a renewal
10427-application to the charter authorizer under the renewal
10428-application guidance issued by the authorizer. The authorizer
10429-shall make a final ruling on the renewal application not later
10430-than April 1 after the filing of the renewal application. A
10431-renewal granted under this clause is not subject to the three (3)
10432-year minimum described in subdivision (5). The April 1
10433-deadline does not apply to any review or appeal of a final
10434-ruling. After the final ruling is issued, the charter school may
10435-obtain further review by the authorizer of the authorizer's final
10436-ruling in accordance with the terms of the charter school's
10437-charter and the protocols of the authorizer.
10438-(7) Specify the grounds for the authorizer to:
10439-(A) revoke the charter before the end of the term for which the
10440-charter is granted; or
10441-(B) not renew a charter.
10442-(8) Set forth the methods by which the charter school will be held
10443-SEA 1 — Concur 244
10444-accountable for achieving the educational mission and goals of
10445-the charter school, including the following:
10446-(A) Evidence of improvement in:
10447-(i) assessment measures, including the statewide assessment
10448-program measures;
10449-(ii) attendance rates;
10450-(iii) graduation rates (if appropriate);
10451-(iv) increased numbers of Indiana diplomas with a Core 40
10452-designation or increased numbers of Indiana diploma
10453-designations established under IC 20-19-2-21 and other
10454-college and career ready indicators including advanced
10455-placement participation and passage, dual credit
10456-participation and passage, and International Baccalaureate
10457-participation and passage (if appropriate);
10458-(v) increased numbers of Indiana diplomas with Core 40
10459-with academic honors and technical honors designations (if
10460-appropriate);
10461-(vi) student academic growth;
10462-(vii) financial performance and stability; and
10463-(viii) governing board performance and stewardship,
10464-including compliance with applicable laws, rules and
10465-regulations, and charter terms.
10466-(B) Evidence of progress toward reaching the educational
10467-goals set by the organizer.
10468-(9) Describe the method to be used to monitor the charter
10469-school's:
10470-(A) compliance with applicable law; and
10471-(B) performance in meeting targeted educational performance.
10472-(10) Specify that the authorizer and the organizer may amend the
10473-charter during the term of the charter by mutual consent and
10474-describe the process for amending the charter.
10475-(11) Describe specific operating requirements, including all the
10476-matters set forth in the application for the charter.
10477-(12) Specify a date when the charter school will:
10478-(A) begin school operations; and
10479-(B) have students attending the charter school.
10480-(13) Specify that records of a charter school relating to the
10481-school's operation and charter are subject to inspection and
10482-copying to the same extent that records of a public school are
10483-subject to inspection and copying under IC 5-14-3.
10484-(14) Specify that records provided by the charter school to the
10485-department or authorizer that relate to compliance by the
10486-SEA 1 — Concur 245
10487-organizer with the terms of the charter or applicable state or
10488-federal laws are subject to inspection and copying in accordance
10489-with IC 5-14-3.
10490-(15) Specify that the charter school is subject to the requirements
10491-of IC 5-14-1.5.
10492-(16) This subdivision applies to a charter established or renewed
10493-for an adult high school after June 30, 2014. The charter must
10494-require:
10495-(A) that the school will offer flexible scheduling;
10496-(B) that students will not complete the majority of instruction
10497-of the school's curriculum online or through remote
10498-instruction;
10499-(C) that the school will offer dual credit or industry
10500-certification course work that aligns with career pathways as
10501-recommended by the Indiana career council established by
10502-IC 22-4.5-9-3 (expired); and
10503-(D) a plan:
10504-(i) to support successful program completion and to assist
10505-transition of graduates to the workforce or to a
10506-postsecondary education upon receiving a diploma from the
10507-adult high school; and
10508-(ii) to review individual student accomplishments and
10509-success after a student receives a diploma from the adult
10510-high school.
10511-(17) In the case of a charter school that is subject to
10512-IC 20-24-3-19, the charter must confirm that at least one (1)
10513-member of the governing board of the charter school will be
10514-appointed in accordance with IC 20-24-3-19.
10515-(b) A charter school shall set annual performance targets in
10516-conjunction with the charter school's authorizer. The annual
10517-performance targets shall be designed to help each school meet
10518-applicable federal, state, and authorizer expectations.
10519-SECTION 203. IC 20-24-7-6, AS AMENDED BY P.L.189-2023,
10520-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10521-JULY 1, 2025]: Sec. 6. (a) With the approval of a majority of the
10522-members of the governing body, a school corporation may distribute a
10523-proportionate share of the school corporation's operations fund to a
10524-charter school. A charter school may elect to distribute a proportionate
10525-share of the charter school's operations fund to the school corporation
10526-in whose district the charter school is located.
10527-(b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
10528-governing body may distribute money that is received as part of a tax
10529-SEA 1 — Concur 246
10530-levy collected under IC 20-46-1 from the school corporation's
10531-education fund to a charter school, excluding a virtual charter school,
10532-in the manner provided by IC 20-46-1-8(e).
10533-(c) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
10534-governing body may distribute money from the school safety
10535-referendum tax levy fund to a charter school, excluding a virtual
10536-charter school, in the manner prescribed by IC 20-46-9-6(b).
10537-SECTION 204. IC 20-24-7-6.1, AS ADDED BY P.L.201-2023,
10538-SECTION 153, IS AMENDED TO READ AS FOLLOWS
10539-[EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) This section applies to
10540-revenue collected:
10541-(1) after June 30, 2024, and before January 1, 2028, from a tax
10542-levy imposed under IC 20-46-8 by the governing body of a school
10543-corporation described in IC 20-46-8-11.2(a); and
10544-(2) after December 31, 2027, in the case of a tax levy imposed
10545-under IC 20-46-8 by the governing body of a school
10546-corporation.
10547-(b) Beginning In calendar year 2025, 2026, and 2027, and each year
10548-thereafter, the county auditor shall distribute money that is received as
10549-part of a tax levy collected under IC 20-46-8 to an eligible charter
10550-school, excluding a virtual charter school and adult high school, for
10551-deposit in the charter school's operations fund created under
10552-IC 20-40-18-1. The distributions shall be made at the same time that
10553-tax levy revenue is required to be distributed to school corporations.
10554-(c) Beginning in calendar year 2028, and each year thereafter,
10555-the county auditor shall distribute money that is received as part
10556-of a tax levy collected under IC 20-46-8 to an eligible charter
10557-school, excluding a virtual charter school and adult high school, in
10558-the manner prescribed by IC 20-46-8-12 for deposit in the charter
10559-school's operations fund created under IC 20-40-18-1. The
10560-distributions shall be made at the same time that tax levy revenue
10561-is required to be distributed to school corporations.
10562-SECTION 205. IC 20-24-7-6.2, AS ADDED BY P.L.189-2023,
10563-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10564-JULY 1, 2025]: Sec. 6.2. (a) This section applies to a levy:
10565-(1) resulting from a resolution to place a referendum on the ballot
10566-adopted by the governing body under IC 20-46-1-8,
10567-IC 20-46-1-8.5, IC 20-46-9-6, or IC 20-46-9-7 after May 10,
10568-2023, for counties described in IC 20-46-1-21(a) and
10569-IC 20-46-9-22(a); or
10570-(2) if the:
10571-(A) governing body of the school corporation approves the
10572-SEA 1 — Concur 247
10573-referendum levy in a resolution adopted under
10574-IC 20-46-1-8 or IC 20-46-1-8.5; and
10575-(B) referendum levy is imposed for the first time with
10576-property taxes first due and payable in a calendar year
10577-beginning after December 31, 2027.
10578-(b) The county auditor in the county in which the applicable school
10579-corporation is located shall distribute money that is received as part of
10580-a tax levy collected under IC 20-46-1 to an applicable charter school,
10581-excluding a virtual charter school or adult high school, in the manner
10582-provided by IC 20-46-1-21.
10583-(c) The county auditor in the county in which the applicable school
10584-corporation is located shall distribute money that is received as part of
10585-a tax levy collected under IC 20-46-9 to an applicable charter school,
10586-excluding a virtual charter school or adult high school, in the manner
10587-prescribed by IC 20-46-9-22.
10588-(d) A charter school that may receive money from a school
10589-corporation's tax levy collected under IC 20-46-1 or a school safety
10590-referendum tax levy under IC 20-46-9 may not promote a position on
10591-is prohibited from promoting a referendum in the same manner as a
10592-school corporation is prohibited from promoting a position on a
10593-referendum under IC 20-46-1-20.
10594-(e) If a charter school receives a distribution from a school
10595-corporation from the school corporation's tax levy collected under
10596-IC 20-46-1 or a school safety referendum tax levy under IC 20-46-9,
10597-the charter school must post the following on the charter school's
10598-website:
10599-(1) The specific purposes for which the revenue received from the
10600-tax levy will be used.
10601-(2) An estimate of the annual dollar amounts that will be
10602-expended for each purpose described in subdivision (1).
10603-SECTION 206. IC 20-24-7-17 IS ADDED TO THE INDIANA
10604-CODE AS A NEW SECTION TO READ AS FOLLOWS
10605-[EFFECTIVE JULY 1, 2025]: Sec. 17. (a) This section is in addition
10606-to any other requirement imposed on a charter school with respect
10607-to the closure of a charter school, including the payment of any
10608-outstanding debts.
10609-(b) At the time of the closure of a charter school, the charter
10610-school shall return any money remaining unexpended from any
10611-distribution of property tax revenue received from a levy referred
10612-to in sections 6.1 and 6.2 of this chapter to the school corporation
10613-that made the distribution. A charter school that closes is not
10614-entitled to any future distributions of property tax revenue from a
10615-SEA 1 — Concur 248
10616-levy referred to in sections 6.1 and 6.2 of this chapter.
10617-(c) If a charter school has outstanding debt at the time of the
10618-closure, the charter school must satisfy the outstanding debt in
10619-accordance with the following:
10620-(1) If the charter school owns the building but did not
10621-purchase the building under IC 20-26-7.1, the charter school
10622-must first sell the building and apply the proceeds received
10623-from the sale to pay off the outstanding debt.
10624-(2) If subdivision (1) does not apply, the charter school must
10625-satisfy the debt by means of any other revenue source legally
10626-available to the charter school.
10627-(d) A charter school that closes must notify the county auditor
10628-of the county in which the charter school is located of the closure
10629-and provide the county auditor with a copy of the:
10630-(1) charter school authorizer's decision;
10631-(2) charter school's governing body's vote determining; or
10632-(3) minutes of the meeting at which the charter school's
10633-governing body made the decision;
10634-to close the charter school.
10635-SECTION 207. IC 20-25.7-5-3, AS AMENDED BY P.L.162-2024,
10636-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10637-JULY 1, 2025]: Sec. 3. (a) For as long as a charter school remains a
10638-participating innovation network charter school:
10639-(1) the school corporation may provide transportation for students
10640-attending the participating innovation network charter school;
10641-(2) the school corporation may maintain and repair the buildings
10642-and grounds used by the participating innovation network charter
10643-school consistent with the maintenance and repair to the school
10644-corporation's other buildings and grounds;
10645-(3) the school corporation may enter into an agreement to transfer
10646-the ownership of a school corporation facility to the organizer;
10647-and
10648-(4) the school corporation may not alter the use of the facility
10649-occupied by the participating innovation network charter school
10650-without written agreement from the organizer.
10651-(b) If an organizer contracts with a school corporation for goods or
10652-services, the school corporation may not charge the organizer more for
10653-the goods or services than the school corporation pays for the goods or
10654-services. A school corporation may not require an organizer to contract
10655-for specific goods or services provided by the school corporation or any
10656-other entity.
10657-(c) A school corporation and an organizer may negotiate to require
10658-SEA 1 — Concur 249
10659-specific services with regard to a participating innovation network
10660-charter school during the term of an agreement. However, an organizer
10661-must be able to select the service provider for the services.
10662-(d) For as long as a charter school remains a participating
10663-innovation network charter school, the school corporation may
10664-distribute money levied as property taxes to the charter school. Property
10665-taxes distributed to a charter school must be used only for a purpose for
10666-which the property taxes could have been used by the school
10667-corporation. Property taxes distributed under this subsection may
10668-supplement services and property provided under subsection (a) or (b).
10669-The parties may jointly modify an agreement described in section 2 of
10670-this chapter to implement this subsection.
10671-(e) An agreement concerning the transfer of ownership of a school
10672-corporation facility described in subsection (a) is not subject to
10673-IC 20-26-7.1.
10674-(f) Unless an agreement entered into before July 1, 2024, between
10675-a board and an organizer provides otherwise, a school corporation may
10676-not charge an organizer an amount for goods and services that is
10677-greater than the amount of the operations fund property tax levy the
10678-organizer receives under IC 20-46-8-11.2 or IC 20-46-8-12 for the
10679-participating innovation network charter school.
10680-SECTION 208. IC 20-26-7-18, AS AMENDED BY P.L.250-2023,
10681-SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10682-JULY 1, 2025]: Sec. 18. Subject to IC 5-1-11.5, a school corporation
10683-may issue and sell bonds under the general statutes governing the
10684-issuance of bonds to purchase and improve buildings or lands, or both.
10685-All laws relating to approval (if required) in a local public question
10686-under IC 6-1.1-20, including the requirement that a local public
10687-question may be placed on the ballot only at a general election, the
10688-filing of petitions, remonstrances, and objecting petitions, giving
10689-notices of the filing of petitions, the determination to issue bonds, and
10690-the appropriation of the proceeds of the bonds are applicable to the
10691-issuance of bonds under section 17 of this chapter.
10692-SECTION 209. IC 20-26-7.1-1, AS AMENDED BY P.L.36-2024,
10693-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10694-JULY 1, 2025]: Sec. 1. (a) For purposes of this section, "charter
10695-school" does not include a virtual charter school or an adult high
10696-school.
10697-(b) This chapter does not apply to the following:
10698-(1) A school building that since July 1, 2011, is leased or loaned
10699-by the school corporation that owns the school building to another
10700-entity, if the entity is not a building corporation or other entity that
10701-SEA 1 — Concur 250
10702-is related in any way to, or created by, the school corporation or
10703-the governing body.
10704-(2) A school corporation to which all of the following apply:
10705-(A) The county auditor distributes revenue after May 10, 2023,
10706-as required under IC 20-46-1-21 or IC 20-46-1-22 to each
10707-eligible charter school. described in IC 20-46-1-21(b).
10708-(B) If the school corporation listed in IC 20-46-9-22 receives
10709-revenue from a school safety referendum tax levy under
10710-IC 20-46-9, the county auditor distributes revenue after May
10711-10, 2023, as required under IC 20-46-9-22 to each charter
10712-school described in IC 20-46-9-22(b).
10713-The above subdivisions are intended to apply retroactively. No
10714-referendums or distributed revenue prior to May 10, 2023, are
10715-effective to provide exemption from this chapter.
10716-(3) A school corporation to which all of the following apply:
10717-(A) The school corporation approves a resolution after May
10718-10, 2023, to impose an operating referendum tax levy under
10719-IC 20-46-1 after May 10, 2023, that includes sharing the
10720-revenue from the referendum tax levy in the amounts
10721-described in clause (B) with each charter school that:
10722-(i) a student who resides within the attendance area of the
10723-school corporation attends; and
10724-(ii) elects to participate in the referendum.
10725-The above subdivisions are intended to apply retroactively. No
10726-resolutions, referendums, or distributed revenue prior to May 10,
10727-2023, are effective to provide exemption from this chapter.
10728-(B) The amount of referendum tax levy revenue that the school
10729-corporation is required to share with each charter school under
10730-the resolution described in clause (A) is equal to the amount
10731-determined applying the applicable formula under
10732-IC 20-46-1-21(d). IC 20-46-1-21 or IC 20-46-1-22.
10733-(C) The referendum tax levy described in clause (A) is
10734-approved by the voters.
10735-(D) The school corporation distributes the amounts described
10736-in clause (B) to each charter school described in clause (A).
10737-(E) If the school corporation receives revenue from a school
10738-safety referendum tax levy under IC 20-46-9, the school
10739-corporation shares the revenue from the school safety
10740-referendum tax levy with each charter school that:
10741-(i) a student who resides within the attendance area of the
10742-school corporation attends; and
10743-(ii) elects to participate in the referendum;
10744-SEA 1 — Concur 251
10745-in an amount equal to the amount determined applying the
10746-formula under IC 20-46-9-22(d).
10747-(c) In order for any payment to a charter school to qualify as sharing
10748-of proceeds from a referendum for purposes of exemption from
10749-IC 20-26-7.1, the referendum must have been passed with prior notice
10750-to voters of all amounts of referendum proceeds to be paid to charter
10751-schools. Any claim of exemption based on payment of proceeds from
10752-a referendum passed without such notice is void.
10753-SECTION 210. IC 20-40-2-2, AS AMENDED BY P.L.201-2023,
10754-SECTION 181, IS AMENDED TO READ AS FOLLOWS
10755-[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The governing body of each
10756-school corporation shall establish an education fund for the payment of
10757-expenses that are allocated to student instruction and learning under
10758-IC 20-42.5.
10759-(b) The governing body of a charter school that receives a
10760-distribution of revenue received from a tax levy under IC 20-46-8-11.2
10761-or IC 20-46-8-12 shall establish an education fund for the payment of
10762-expenses that are allocated to student instruction and learning under
10763-IC 20-42.5.
10764-SECTION 211. IC 20-40-3-5, AS AMENDED BY P.L.189-2023,
10765-SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10766-JULY 1, 2025]: Sec. 5. (a) Money in the fund may be used for any
10767-lawful school expenses, including making a transfer to the school
10768-corporation's education fund (IC 20-40-2) or operations fund
10769-(IC 20-40-18).
10770-(b) Except as provided in IC 20-46-1-21, a school corporation may
10771-distribute proceeds of a tax levy collected under IC 20-46-1 that is
10772-transferred to the school corporation's education fund to a charter
10773-school, excluding a virtual charter school, that is located within the
10774-attendance area of the school corporation.
10775-SECTION 212. IC 20-40-18-1, AS AMENDED BY P.L.201-2023,
10776-SECTION 185, IS AMENDED TO READ AS FOLLOWS
10777-[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) The governing body of each
10778-school corporation shall create an operations fund to be used by the
10779-school corporation after December 31, 2018.
10780-(b) The governing body of each charter school that receives a
10781-distribution of revenue received from a tax levy under IC 20-46-8-11.2
10782-or IC 20-46-8-12 shall create an operations fund to be used by the
10783-charter school after December 31, 2024.
10784-SECTION 213. IC 20-40-18-2, AS AMENDED BY P.L.201-2023,
10785-SECTION 186, IS AMENDED TO READ AS FOLLOWS
10786-[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The operations fund shall be
10787-SEA 1 — Concur 252
10788-used to deposit the following after December 31, 2018, in the case of
10789-a school corporation:
10790-(1) Revenue from the school corporation's operations fund
10791-property tax levy under IC 20-46-8.
10792-(2) The sum of the following excise tax revenue received for
10793-deposit in the fund in the calendar year in which the school year
10794-begins:
10795-(A) Financial institutions excise tax (IC 6-5.5).
10796-(B) Motor vehicle excise taxes (IC 6-6-5).
10797-(C) Commercial vehicle excise taxes (IC 6-6-5.5).
10798-(D) Boat excise tax (IC 6-6-11).
10799-(E) Aircraft license excise tax (IC 6-6-6.5).
10800-(3) Transfers from the education fund (IC 20-40-2) or the
10801-operating referendum tax levy fund (IC 20-40-3), if any.
10802-(4) Allocations of local income taxes to the school corporation
10803-under IC 6-3.6-6, if any.
10804-(b) In the case of a charter school, the operations fund shall be
10805-used to deposit amounts distributed to the charter school under
10806-IC 20-46-8-11.2 or IC 20-46-8-12 after December 31, 2024.
10807-SECTION 214. IC 20-40-18-10.5, AS ADDED BY P.L.201-2023,
10808-SECTION 187, IS AMENDED TO READ AS FOLLOWS
10809-[EFFECTIVE JULY 1, 2025]: Sec. 10.5. (a) This section applies only
10810-to eligible charter schools that receive amounts distributed under
10811-IC 20-46-8-11.2 or IC 20-46-8-12.
10812-(b) For purposes of this section, "charter board" means the
10813-governing body of the organizer (as defined in IC 20-24-1-7) of an
10814-eligible charter school.
10815-(c) The operations fund may be used only to do the following:
10816-(1) Carry out a capital projects plan under the following
10817-conditions:
10818-(A) The plan must include all proposed expenditures that
10819-exceed ten thousand dollars ($10,000) and are for:
10820-(i) capital assets; or
10821-(ii) projects that are considered capital in nature, including
10822-technology related projects.
10823-(B) If a charter school wants to use money in the operations
10824-fund during the year to pay for any items listed in clause (E)
10825-that are considered capital in nature, the charter board must
10826-approve a plan following a public hearing. The charter school
10827-shall post the proposed plan or proposed amended plan on the
10828-charter school's website before the hearing. The charter school
10829-shall submit the proposed capital projects plan to the
10830-SEA 1 — Concur 253
10831-department of local government finance's computer gateway
10832-at least ten (10) days before the public hearing. The
10833-department of local government finance shall make the
10834-proposed plan available at least ten (10) days before the
10835-hearing, through the department's computer gateway. If an
10836-amendment to a capital projects plan is proposed, the charter
10837-board must declare the nature of and need for the amendment
10838-in the plan amendment.
10839-(C) If a charter board adopts a plan under clause (B), the
10840-charter school must then submit the plan to the department of
10841-local government finance for inclusion on the department's
10842-computer gateway not later than thirty (30) days after adoption
10843-of the plan. The department of local government finance shall
10844-immediately make the proposed plan available through the
10845-gateway website.
10846-(D) This clause applies to an amendment to a plan that is
10847-required because of an emergency that results in costs that
10848-exceed the amount accumulated in the fund for repair,
10849-replacement, or site acquisition that is necessitated by an
10850-emergency. The charter board is not required to comply with
10851-clause (C). If the charter board determines that an emergency
10852-exists, the governing body may adopt an amendment to the
10853-plan. An amendment to a plan is not subject to the deadline
10854-and procedures for adoption of a plan described in this
10855-subdivision.
10856-(E) This clause sets forth an exclusive list of the expenditures
10857-that may be made from the operations fund under clause (B),
10858-as set forth in the charter board's plan or amended plan.
10859-Subject to the expenditures that are identified in the charter
10860-school's plan or amended plan, the operations fund shall be
10861-used for the following:
10862-(i) Site acquisition.
10863-(ii) Site development.
10864-(iii) Building acquisition, construction, replacement,
10865-renovation, remodeling, improvement, and maintenance,
10866-including building materials and employment services.
10867-(iv) Rental of real estate, buildings, facilities, and
10868-equipment.
10869-(v) To repair and replace buildings and to repair and replace
10870-building fixtures that are owned or leased by the charter
10871-school and of a type constituting loss capable of being
10872-covered by casualty insurance.
10873-SEA 1 — Concur 254
10874-(vi) Purchase, lease, repair, or maintenance of equipment,
10875-including maintenance vehicles to be used by the charter
10876-school. However, the fund may not be used to pay for the
10877-purchase, lease, repair, or maintenance of vehicles that are
10878-not maintenance vehicles, or equipment to be used primarily
10879-for interscholastic or extracurricular activities.
10880-(vii) Service contracts for janitorial and custodial services,
10881-maintenance services, snow and ice removal services, trash
10882-removal services, mowing and lawn care services, pest
10883-control services, and any other routine services normally
10884-required in the maintenance or upkeep of charter school
10885-facilities.
10886-(viii) Repair, replacement, or site acquisition that is
10887-necessitated by an emergency.
10888-(ix) Construction, repair, replacement, remodeling, or
10889-maintenance of a school sports facility.
10890-(x) Utilities.
10891-(xi) Property and casualty insurance.
10892-(xii) Purchase, lease, upgrade, maintenance, or repair
10893-technology that will not be allocated to student instruction
10894-and learning, to include computer hardware, computer
10895-software, wiring and computer networks, and
10896-communication access systems used to connect with
10897-computer networks or electronic gateways; services of
10898-full-time or part-time computer maintenance employees;
10899-conducting nonrecurring inservice technology training of
10900-school employees; implementing the technology preparation
10901-curriculum; participating in a program to provide
10902-educational technologies, including computers in the homes
10903-of students (commonly referred to as "the buddy system
10904-project") under IC 20-20-13-6, the 4R's technology program,
10905-or any other program under the educational technology
10906-program described in IC 20-20-13; and obtaining any
10907-combination of equipment or services in the preceding two
10908-(2) categories of this item.
10909-(xiii) Services of charter school employees who perform
10910-services considered to be a skilled trade by the United States
10911-Department of Labor, Employment and Training
10912-Administration. For purposes of this item, skilled trade
10913-services do not include janitorial or comparable routine
10914-services normally provided in the daily operation of school
10915-facilities or equipment. Payment may be made for employee
10916-SEA 1 — Concur 255
10917-services only if the employees perform construction of,
10918-renovation of, remodeling of, repair of, or maintenance on
10919-the facilities and equipment of the charter school.
10920-(2) Pay transportation costs under the following conditions:
10921-(A) A charter school shall use the operations fund to pay the
10922-transportation costs attributable to transportation of school
10923-children as specified in clause (B).
10924-(B) Only the following costs are payable from the fund:
10925-(i) Salaries paid to bus drivers, transportation supervisors,
10926-mechanics and garage employees, clerks, and other
10927-transportation related employees.
10928-(ii) Contracted transportation services.
10929-(iii) Wages of independent contractors.
10930-(iv) Contracts with common carriers.
10931-(v) Student fares.
10932-(vi) Transportation related insurance.
10933-(vii) Other expenses of operating the school corporation's
10934-transportation service, including gasoline, lubricants, tires,
10935-repairs, contracted repairs, parts, supplies, equipment, and
10936-other related expenses.
10937-(C) Percentages or parts of salaries of teaching personnel or
10938-principals are not attributable to transportation. However, parts
10939-of salaries of instructional aides who are assigned to assist
10940-with the school transportation program are attributable to
10941-transportation. The costs described in this clause (other than
10942-instructional aide costs) may not be budgeted for payment or
10943-paid from the fund.
10944-(D) Costs for a calendar year are those costs attributable to
10945-transportation for students during the school year ending in the
10946-calendar year.
10947-(3) Carry out a school bus replacement plan approved by the
10948-charter school board under the following conditions:
10949-(A) Before a charter school may use money in the operations
10950-fund for replacing school buses, a resolution approving the
10951-school bus replacement plan or amended plan must be
10952-submitted to the department of local government finance.
10953-(B) The department of local government finance shall
10954-prescribe the format of the plan. A plan must apply to at least
10955-the five (5) budget years immediately following the year the
10956-plan is adopted and include at least an estimate for each year
10957-to which it applies of the nature and amount of proposed
10958-expenditures from the fund, and if the school corporation is
10959-SEA 1 — Concur 256
10960-seeking to acquire or contract for transportation services that
10961-will provide additional school buses or school buses with a
10962-larger seating capacity as compared with the number and type
10963-of school buses from the prior school year, evidence of a
10964-demand for increased transportation services within the school
10965-corporation. However, the evidence requirement regarding a
10966-contract for transportation services does not apply if contracted
10967-transportation services are not paid from the fund.
10968-(C) If the charter school is seeking to require a contractor to
10969-replace a school bus, evidence that the need exists for the
10970-replacement of the school bus. This clause does not apply if
10971-contracted transportation services are not paid from the
10972-operations fund.
10973-(D) Evidence that the charter school that seeks to acquire
10974-additional school buses under this subdivision is acquiring or
10975-contracting for the school buses only for the purposes
10976-specified in clause (B) or for replacement purposes.
10977-(E) If a charter school wants to use money in the operations
10978-fund during the year to pay for school bus replacement, the
10979-governing body must adopt a resolution approving the bus
10980-replacement plan or amended plan. The charter school shall
10981-post the proposed plan or proposed amended plan on the
10982-charter school's website before the hearing. The governing
10983-body must hold a hearing on the adoption of the plan. The
10984-charter school shall submit the proposed school bus
10985-replacement plan or amended plan to the department of local
10986-government finance's computer gateway at least ten (10) days
10987-before the hearing on the adoption of the plan. The department
10988-of local government finance shall make the proposed plan
10989-available to taxpayers, at least ten (10) days before the hearing,
10990-through the department's computer gateway. If an amendment
10991-to a bus replacement plan is being proposed, the charter school
10992-must declare the nature of and the need for the amendment in
10993-the resolution to adopt the amendment to the plan.
10994-(4) Pay expenses that are allocated to overhead and operational
10995-expenditures.
10996-(5) Establish, maintain, and equip a public playground.
10997-SECTION 215. IC 20-46-1-8, AS AMENDED BY P.L.162-2024,
10998-SECTION 25, AND AS AMENDED BY P.L.36-2024, SECTION 10,
10999-AND AS AMENDED BY P.L.104-2024, SECTION 51, AND AS
11000-AMENDED BY THE TECHNICAL CORRECTIONS BILL OF THE
11001-2025 GENERAL ASSEMBLY, IS CORRECTED AND AMENDED
11002-SEA 1 — Concur 257
11003-TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a)
11004-Subject to subsections (e), (f), and (g) (b), (e), and (f) and this chapter,
11005-the governing body of a school corporation may adopt a resolution to
11006-place a referendum under this chapter on the ballot for any of the
11007-following purposes:
11008-(1) The governing body of the school corporation determines that
11009-it cannot, in a calendar year, carry out its public educational duty
11010-unless it imposes a referendum tax levy under this chapter.
11011-(2) The governing body of the school corporation determines that
11012-a referendum tax levy under this chapter should be imposed to
11013-replace property tax revenue that the school corporation will not
11014-receive because of the application of the credit under
11015-IC 6-1.1-20.6.
11016-(3) Except for resolutions described in subsection (b), the
11017-governing body makes the determination required under
11018-subdivision (1) or (2) and determines to share a portion of the
11019-referendum proceeds with a charter school, excluding a virtual
11020-charter school, in the manner prescribed in subsection (e).
11021-(b) A resolution for a referendum for a county described in:
11022-(1) section 21 of this chapter; that is adopted after May 10, 2023,
11023-or
11024-(2) section 22 of this chapter;
11025-shall specify that a portion of the proceeds collected from the proposed
11026-levy will be distributed to applicable charter schools in the manner
11027-described under section 21 of this chapter.
11028-(c) The governing body of the school corporation shall certify a
11029-copy of the resolution to place a referendum on the ballot to the
11030-following:
11031-(1) The department of local government finance, including:
11032-(A) the language for the question required by section 10 of this
11033-chapter, or in the case of a resolution to extend a referendum
11034-levy certified to the department of local government finance
11035-after March 15, 2016, section 10.1 of this chapter; and
11036-(B) a copy of the revenue spending plan adopted under
11037-subsection (g). (f).
11038-The language of the public question must include the estimated
11039-average percentage increases certified by the county auditor under
11040-section 10(e) or 10.1(f) of this chapter, as applicable. The
11041-governing body of the school corporation shall also provide the
11042-county auditor's certification described in section 10(e) or 10.1(f)
11043-of this chapter, as applicable. The department of local government
11044-finance shall post the values certified by the county auditor to the
11045-SEA 1 — Concur 258
11046-department's website. The department shall review the language
11047-for compliance with section 10 or 10.1 of this chapter, whichever
11048-is applicable, and either approve or reject the language. The
11049-department shall send its decision to the governing body of the
11050-school corporation not more than ten (10) days after both the
11051-certification of the county auditor described in section 10(e) or
11052-10.1(f) of this chapter, as applicable, and the resolution is are
11053-submitted to the department. If the language is approved, the
11054-governing body of the school corporation shall certify a copy of
11055-the resolution, including the language for the question and the
11056-department's approval.
11057-(2) The county fiscal body of each county in which the school
11058-corporation is located (for informational purposes only).
11059-(3) The circuit court clerk of each county in which the school
11060-corporation is located.
11061-(d) If a school safety referendum tax levy under IC 20-46-9 has been
11062-approved by the voters in a school corporation at any time in the
11063-previous three (3) years, the school corporation may not:
11064-(1) adopt a resolution to place a referendum under this chapter on
11065-the ballot; or
11066-(2) otherwise place a referendum under this chapter on the ballot.
11067-(e) Except as provided in section 21 of this chapter, the resolution
11068-described in subsection (a) must indicate whether proceeds in the
11069-school corporation's education fund collected from a tax levy under this
11070-chapter will be used to provide a distribution to a charter school or
11071-charter schools, excluding a virtual charter school, under IC 20-40-3-5
11072-as well as the amount that will be distributed to the particular charter
11073-school or charter schools. A school corporation may request from the
11074-designated charter school or charter schools any financial
11075-documentation necessary to demonstrate the financial need of the
11076-charter school or charter schools. Distribution to a charter school of
11077-proceeds from a referendum held before May 10, 2023, does not
11078-provide exemption from this chapter.
11079-(f) This subsection applies to a resolution described in subsection
11080-(a) for a county described in section 21(a) of this chapter that is
11081-adopted after May 10, 2023. The resolution described in subsection (a)
11082-shall include a projection of the amount that the school corporation
11083-expects to be distributed to a particular charter school, excluding
11084-virtual charter schools or adult high schools, under section 21 of this
11085-chapter if the charter school voluntarily elects to participate in the
11086-referendum in the manner described in subsection (i). At least sixty
11087-(60) days before the resolution described in subsection (a) is voted on
11088-SEA 1 — Concur 259
11089-by the governing body, the school corporation shall contact the
11090-department to determine the number of students in kindergarten
11091-through grade 12 who have legal settlement in the school corporation
11092-but attend a charter school, excluding virtual charter schools or adult
11093-high schools, and who receive not more than fifty percent (50%) virtual
11094-instruction. The department shall provide the school corporation with
11095-the number of students with legal settlement in the school corporation
11096-who attend a charter school, and who receive not more than fifty
11097-percent (50%) virtual instruction, which shall be disaggregated for each
11098-particular charter school, excluding a virtual charter school or adult
11099-high school. The projection may include an expected increase in
11100-charter schools during the term the levy is imposed under this chapter.
11101-The department of local government finance shall prescribe the manner
11102-in which the projection shall be calculated. The governing body shall
11103-take into consideration the projection when adopting the revenue
11104-spending plan under subsection (g).
11105-(e) This subsection applies to a resolution described in section 21
11106-or 22 of this chapter. Not later than sixty (60) days before the
11107-resolution is voted on by the governing body, the school
11108-corporation shall contact the department to determine the
11109-following:
11110-(1) In the case of a resolution described in section 22 of this
11111-chapter, whether the school corporation is exempt from
11112-revenue sharing requirements under section 22(a)(2) of this
11113-chapter. If the school corporation is determined to be exempt,
11114-the department shall notify the school corporation, and the
11115-school corporation is not required to contact charter schools
11116-concerning participation under subsection (h), shall exclude
11117-distributions to charter schools under section 22 of this
11118-chapter, and shall exclude charter schools from the projection
11119-described in this subsection.
11120-(2) If the school corporation is not determined to be exempt
11121-from revenue sharing requirements under subdivision (1), the
11122-number of students in kindergarten through grade 12 who:
11123-(A) have legal settlement in the school corporation but
11124-attend a charter school, excluding virtual charter schools
11125-or adult high schools; and
11126-(B) receive not more than fifty percent (50%) virtual
11127-instruction.
11128-Not later than ten (10) days after receiving the request, the
11129-department shall provide the school corporation with the requested
11130-information, which shall be disaggregated for each particular
11131-SEA 1 — Concur 260
11132-charter school. Subject to subsection (h), the resolution shall
11133-include a projection of the amount that the school corporation
11134-expects, based on the information provided by the department
11135-under this subsection, to be distributed to a particular charter
11136-school under section 21 or 22 of this chapter.
11137-(g) (f) As part of the resolution described in subsection (a), the
11138-governing body of the school corporation shall adopt a revenue
11139-spending plan for the proposed referendum tax levy that includes:
11140-(1) an estimate of the amount of annual revenue expected to be
11141-collected if a levy is imposed under this chapter;
11142-(2) the specific purposes for which the revenue collected from a
11143-levy imposed under this chapter will be used;
11144-(3) an estimate of the annual dollar amounts that will be expended
11145-for each purpose described in subdivision (2); and
11146-(4) for a resolution for a referendum that is adopted after May 10,
11147-2023, for a county described in section 21(a) section 21 or 22 of
11148-this chapter, the projected revenue that shall be distributed to
11149-charter schools. as provided in subsections (f) and (i). The
11150-revenue spending plan shall also take into consideration
11151-deviations in the proposed revenue spending plan if the actual
11152-charter school distributions exceed or are lower than the projected
11153-charter school distributions described in subsection (f). (e). The
11154-resolution shall include for each charter school that elects to
11155-participate under subsection (i) (h) information described in
11156-subdivisions (1) through (3).
11157-(h) (g) A school corporation shall specify in its proposed budget the
11158-school corporation's revenue spending plan adopted under subsection
11159-(g) (f) and annually present the revenue spending plan at its public
11160-hearing on the proposed budget under IC 6-1.1-17-3.
11161-(i) This subsection applies to a resolution described in subsection
11162-(a) for a county described in section 21(a) of this chapter that is
11163-adopted after May 10, 2023. At least forty-five (45) days before the
11164-resolution described in subsection (a) is voted on by the governing
11165-body, the school corporation shall contact each charter school,
11166-excluding virtual charter schools or adult high schools, disclosed by the
11167-department to the school corporation under subsection (f) to determine
11168-whether the charter school will participate in the referendum. The
11169-notice must include the total amount of the school corporation's
11170-expected need, the corresponding estimate for that amount divided by
11171-the number of students enrolled in the school corporation, and the date
11172-on which the governing body of the school corporation will vote on the
11173-resolution. The charter school must respond in writing to the school
11174-SEA 1 — Concur 261
11175-corporation, which may be by electronic mail addressed to the
11176-superintendent of the school corporation, at least fifteen (15) days
11177-prior to the date that the resolution described in subsection (a) is to be
11178-voted on by the governing body. If the charter school elects to not
11179-participate in the referendum, the school corporation may exclude
11180-distributions to the charter school under section 21 of this chapter and
11181-from the projection described in subsection (f). If the charter school
11182-elects to participate in the referendum, the charter school may receive
11183-distributions under section 21 of this chapter and must be included in
11184-the projection described in subsection (f). In addition, a charter school
11185-that elects to participate in the referendum under this subsection shall
11186-contribute a proportionate share of the cost to conduct the referendum
11187-based on the total combined ADM of the school corporation and any
11188-participating charter schools.
11189-(h) This subsection applies to a resolution described in section
11190-21 or 22 of this chapter. Except as provided in subsection (e), not
11191-later than forty-five (45) days before the resolution is voted on by
11192-the governing body, the school corporation shall contact each
11193-charter school disclosed by the department to the school
11194-corporation under subsection (e) to determine whether the charter
11195-school will:
11196-(1) in the case of a resolution described in section 21 of this
11197-chapter, elect to participate; or
11198-(2) in the case of a resolution described in section 22 of this
11199-chapter, elect to not participate;
11200-in the referendum. The notice must include the total amount of the
11201-school corporation's expected need, the corresponding estimate for
11202-that amount divided by the number of students enrolled in the
11203-school corporation, and the date on which the governing body of
11204-the school corporation will vote on the resolution. Not later than
11205-thirty (30) days prior to the date that the resolution is to be voted
11206-on by the governing body, the charter school must respond in
11207-writing to the school corporation and to the department, which
11208-may be by electronic mail, and, in the case of the school
11209-corporation, addressed to the superintendent of the school
11210-corporation. A charter school that elects to not participate in the
11211-referendum may not subsequently change that election during the
11212-term of the referendum.
11213-(i) If a charter school will not participate in the referendum, the
11214-school corporation shall exclude distributions to the charter school
11215-under this chapter and from the projection described in subsection
11216-(e). If a charter school will participate in the referendum, the
11217-SEA 1 — Concur 262
11218-charter school:
11219-(1) must be included in the projection described in subsection
11220-(e); and
11221-(2) shall contribute a proportionate share of the cost to
11222-conduct the referendum based on the total combined ADM of
11223-the school corporation and any participating charter schools.
11224-(j) This subsection applies to a resolution described in subsection
11225-(a) for a county described in section 21(a) section 21 or 22 of this
11226-chapter. that is adopted after May 10, 2023. At least thirty (30) days
11227-before the resolution described in subsection (a) referendum submitted
11228-to the voters under this chapter is voted on by the governing body,
11229-public in a primary or general election, the school corporation that is
11230-pursuing the resolution referendum and any charter school that has
11231-elected to will participate under subsection (i) (h) shall post a
11232-referendum disclosure statement on each school's respective website
11233-that contains the following information:
11234-(1) The salaries of all employees employed by position within the
11235-school corporation or charter school listed from highest salary to
11236-lowest salary and a link to Gateway Indiana for access to
11237-individual salaries.
11238-(2) An acknowledgment that the school corporation or charter
11239-school is not committing any crime described in IC 35-44.1-1.
11240-(3) A link to the school corporation's or charter school's most
11241-recent state board of accounts audit on the state board of accounts'
11242-website.
11243-(4) The current enrollment of the school corporation or charter
11244-school disaggregated by student group and race.
11245-(5) The school corporation's or charter school's high school
11246-graduation rate.
11247-(6) The school corporation's or charter school's annual retention
11248-rate for teachers for the previous five (5) years.
11249-(k) Not later than July 15, 2025, the department of education
11250-shall prescribe the manner in which a projection described in
11251-subsection (e) shall be calculated.
11252-(l) A charter school that begins operations after a resolution
11253-under this section or section 8.5 of this chapter is voted on by the
11254-governing body for a particular referendum may not receive an
11255-option to elect to participate in that referendum during the term of
11256-that referendum.
11257-SECTION 216. IC 20-46-1-8.5, AS AMENDED BY P.L.189-2023,
11258-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11259-JULY 1, 2025]: Sec. 8.5. (a) A resolution to extend a referendum levy
11260-SEA 1 — Concur 263
11261-must be:
11262-(1) adopted by the governing body of a school corporation; and
11263-(2) approved in a referendum under this chapter;
11264-before December 31 of the final calendar year in which the school
11265-corporation's previously approved referendum levy is imposed under
11266-this chapter.
11267-(b) For a resolution described in section 21 or 22 of this chapter
11268-that is adopted under this section, after May 10, 2023, for a county
11269-described in section 21(a) of this chapter, the resolution must include
11270-the projected charter school distributions described in section 8(f) 8(e)
11271-of this chapter and indicate the distributions to applicable charter
11272-schools in accordance with section 21 of this chapter.
11273-SECTION 217. IC 20-46-1-10, AS AMENDED BY P.L.189-2023,
11274-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11275-JULY 1, 2025]: Sec. 10. (a) This section does not apply to a
11276-referendum on a resolution certified to the department of local
11277-government finance after March 15, 2016, to extend a referendum levy.
11278-(b) The question to be submitted to the voters in the referendum
11279-must read as follows:
11280-"Shall the school corporation increase property taxes paid to
11281-schools by homeowners and businesses for _____ (insert number
11282-of years) years immediately following the holding of the
11283-referendum for the purpose of funding ______ (insert short
11284-description of purposes)? If this public question is approved by
11285-the voters, the average property tax paid to schools per year on a
11286-residence would increase by ______% (insert the estimated
11287-average percentage of property tax increase paid to schools on a
11288-residence within the school corporation as determined under
11289-subsection (c)) and the average property tax paid to schools per
11290-year on a business property would increase by ______% (insert
11291-the estimated average percentage of property tax increase paid to
11292-schools on a business property within the school corporation as
11293-determined under subsection (d)). The most recent property tax
11294-referendum proposed by the school corporation was held in
11295-______ (insert year) and ________ (insert whether the measure
11296-passed or failed).".
11297-"Shall ________ (insert the name of the school corporation)
11298-increase property taxes paid to the school corporation for no
11299-more than ______ (insert the number of years immediately
11300-following the holding of the referendum) years for the
11301-purpose of funding _______ (insert a brief description of the
11302-purposes) by imposing a property tax rate that does not
11303-SEA 1 — Concur 264
11304-exceed ______ (insert property tax rate) and results in a
11305-maximum annual amount that does not exceed ______ (insert
11306-maximum amount of annual levy). If this operating
11307-referendum public question is approved by the voters, for a
11308-median residence of ______ (insert the school corporation's
11309-median household assessed value, rounded up to the next fifty
11310-thousand dollars ($50,000)), the property's annual property
11311-tax bill would increase by ______ (insert dollar amount,
11312-rounded up to the next whole dollar) per year. (If, in the
11313-previous five (5) years, the school corporation has conducted
11314-an operating referendum public question, the following shall
11315-also be included in the ballot language.) The most recent
11316-operating referendum public question proposed by the school
11317-corporation was held in ______ (insert year) and ______
11318-(insert whether the measure passed or failed).".
11319-(c) At the request of the governing body of a school corporation that
11320-proposes to impose property taxes under this chapter, the county
11321-auditor of the county in which the school corporation is located shall
11322-determine the estimated average percentage of property tax increase on
11323-a homestead to be paid to schools that must be included in the public
11324-question under subsection (b) as follows:
11325-STEP ONE: Determine the average assessed value of a homestead
11326-located within the school corporation.
11327-STEP TWO: For purposes of determining the net assessed value
11328-of the average homestead located within the school corporation,
11329-subtract:
11330-(A) an amount for the homestead standard deduction under
11331-IC 6-1.1-12-37 as if the homestead described in STEP ONE
11332-was eligible for the deduction; and
11333-(B) an amount for the supplemental homestead deduction
11334-under IC 6-1.1-12-37.5 as if the homestead described in STEP
11335-ONE was eligible for the deduction;
11336-from the result of STEP ONE.
11337-STEP THREE: Divide the result of STEP TWO by one hundred
11338-(100).
11339-STEP FOUR: Determine the overall average tax rate per one
11340-hundred dollars ($100) of assessed valuation for the current year
11341-imposed on property located within the school corporation.
11342-STEP FIVE: For purposes of determining net property tax liability
11343-of the average homestead located within the school corporation:
11344-(A) multiply the result of STEP THREE by the result of STEP
11345-FOUR; and
11346-SEA 1 — Concur 265
11347-(B) as appropriate, apply any currently applicable county
11348-property tax credit rates and the credit for excessive property
11349-taxes under IC 6-1.1-20.6-7.5(a)(1).
11350-STEP SIX: Determine the amount of the school corporation's part
11351-of the result determined in STEP FIVE.
11352-STEP SEVEN: Multiply:
11353-(A) the tax rate that will be imposed if the public question is
11354-approved by the voters; by
11355-(B) the result of STEP THREE.
11356-STEP EIGHT: Divide the result of STEP SEVEN by the result of
11357-STEP SIX, expressed as a percentage.
11358-(d) At the request of the governing body of a school corporation that
11359-proposes to impose property taxes under this chapter, the county
11360-auditor of the county in which the school corporation is located shall
11361-determine the estimated average percentage of property tax increase on
11362-a business property to be paid to schools that must be included in the
11363-public question under subsection (b) as follows:
11364-STEP ONE: Determine the average assessed value of business
11365-property located within the school corporation.
11366-STEP TWO: Divide the result of STEP ONE by one hundred
11367-(100).
11368-STEP THREE: Determine the overall average tax rate per one
11369-hundred dollars ($100) of assessed valuation for the current year
11370-imposed on property located within the school corporation.
11371-STEP FOUR: For purposes of determining net property tax
11372-liability of the average business property located within the school
11373-corporation:
11374-(A) multiply the result of STEP TWO by the result of STEP
11375-THREE; and
11376-(B) as appropriate, apply any currently applicable county
11377-property tax credit rates and the credit for excessive property
11378-taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
11379-was three percent (3%).
11380-STEP FIVE: Determine the amount of the school corporation's
11381-part of the result determined in STEP FOUR.
11382-STEP SIX: Multiply:
11383-(A) the result of STEP TWO; by
11384-(B) the tax rate that will be imposed if the public question is
11385-approved by the voters.
11386-STEP SEVEN: Divide the result of STEP SIX by the result of
11387-STEP FIVE, expressed as a percentage.
11388-(e) The county auditor shall certify the estimated average percentage
11389-SEA 1 — Concur 266
11390-of property tax increase on a homestead to be paid to schools
11391-determined under subsection (c), and the estimated average percentage
11392-of property tax increase on a business property to be paid to schools
11393-determined under subsection (d), in a manner prescribed by the
11394-department of local government finance, and provide the certification
11395-to the governing body of the school corporation that proposes to impose
11396-property taxes.
11397-SECTION 218. IC 20-46-1-10.1, AS AMENDED BY P.L.236-2023,
11398-SECTION 154, IS AMENDED TO READ AS FOLLOWS
11399-[EFFECTIVE JULY 1, 2025]: Sec. 10.1. (a) This section applies only
11400-to a referendum to allow a school corporation to extend a referendum
11401-levy.
11402-(b) The question to be submitted to the voters in the referendum
11403-must read as follows:
11404-"Shall the school corporation continue to impose increased
11405-property taxes paid to the school corporation by homeowners and
11406-businesses for _____ (insert number of years) years immediately
11407-following the holding of the referendum for the purpose of
11408-funding ______ (insert short description of purposes)? The
11409-property tax increase requested in this referendum was originally
11410-approved by the voters in _______ (insert the year in which the
11411-referendum tax levy was approved) and if extended will increase
11412-the average property tax paid to the school corporation per year on
11413-a residence within the school corporation by ______% (insert the
11414-estimated average percentage of property tax increase on a
11415-residence within the school corporation) and if extended will
11416-increase the average property tax paid to the school corporation
11417-per year on a business property within the school corporation by
11418-______% (insert the estimated average percentage of property tax
11419-increase on a business within the school corporation).".
11420-"Shall _______ (insert the name of the school corporation)
11421-continue to increase property taxes paid to the school
11422-corporation for no more than _____ (insert the number of
11423-years immediately following the holding of the referendum)
11424-years for the purpose of funding _____________ (insert brief
11425-description of the purposes) by imposing a property tax rate
11426-that does not exceed ______ (insert property tax rate) and
11427-results in a maximum annual amount that does not exceed
11428-______ (insert maximum amount of annual levy). If this
11429-operating referendum public question is NOT approved by
11430-the voters, for a median residence of __________ (insert the
11431-school corporation's median household assessed value,
11432-SEA 1 — Concur 267
11433-rounded up to the next fifty thousand dollars ($50,000)), the
11434-property's annual tax bill would decrease by ______ (insert
11435-dollar amount, rounded up to the next whole dollar) per year.
11436-If this operating referendum public question is approved by
11437-the voters, it would be a renewal of the most recent operating
11438-referendum public question passed in ______ (insert year the
11439-original operating referendum public question passed) with a
11440-property tax rate of ______ (insert property tax rate of the
11441-original operating referendum public question).".
11442-(c) The number of years for which a referendum tax levy may be
11443-extended if the public question under this section is approved may not
11444-exceed eight (8) years.
11445-(d) At the request of the governing body of a school corporation that
11446-proposes to impose property taxes under this chapter, the county
11447-auditor of the county in which the school corporation is located shall
11448-determine the estimated average percentage of property tax increase on
11449-a homestead to be paid to the school corporation that must be included
11450-in the public question under subsection (b) as follows:
11451-STEP ONE: Determine the average assessed value of a homestead
11452-located within the school corporation.
11453-STEP TWO: For purposes of determining the net assessed value
11454-of the average homestead located within the school corporation,
11455-subtract:
11456-(A) an amount for the homestead standard deduction under
11457-IC 6-1.1-12-37 as if the homestead described in STEP ONE
11458-was eligible for the deduction; and
11459-(B) an amount for the supplemental homestead deduction
11460-under IC 6-1.1-12-37.5 as if the homestead described in STEP
11461-ONE was eligible for the deduction;
11462-from the result of STEP ONE.
11463-STEP THREE: Divide the result of STEP TWO by one hundred
11464-(100).
11465-STEP FOUR: Determine the overall average tax rate per one
11466-hundred dollars ($100) of assessed valuation for the current year
11467-imposed on property located within the school corporation.
11468-STEP FIVE: For purposes of determining net property tax liability
11469-of the average homestead located within the school corporation:
11470-(A) multiply the result of STEP THREE by the result of STEP
11471-FOUR; and
11472-(B) as appropriate, apply any currently applicable county
11473-property tax credit rates and the credit for excessive property
11474-taxes under IC 6-1.1-20.6-7.5(a)(1).
11475-SEA 1 — Concur 268
11476-STEP SIX: Determine the amount of the school corporation's part
11477-of the result determined in STEP FIVE.
11478-STEP SEVEN: Multiply:
11479-(A) the tax rate that will be imposed if the public question is
11480-approved by the voters; by
11481-(B) the result of STEP THREE.
11482-STEP EIGHT: Divide the result of STEP SEVEN by the result of
11483-STEP SIX, expressed as a percentage.
11484-(e) At the request of the governing body of a school corporation that
11485-proposes to impose property taxes under this chapter, the county
11486-auditor of the county in which the school corporation is located shall
11487-determine the estimated average percentage of property tax increase on
11488-a business property to be paid to the school corporation that must be
11489-included in the public question under subsection (b) as follows:
11490-STEP ONE: Determine the average assessed value of business
11491-property located within the school corporation.
11492-STEP TWO: Divide the result of STEP ONE by one hundred
11493-(100).
11494-STEP THREE: Determine the overall average tax rate per one
11495-hundred dollars ($100) of assessed valuation for the current year
11496-imposed on property located within the school corporation.
11497-STEP FOUR: For purposes of determining net property tax
11498-liability of the average business property located within the school
11499-corporation:
11500-(A) multiply the result of STEP TWO by the result of STEP
11501-THREE; and
11502-(B) as appropriate, apply any currently applicable county
11503-property tax credit rates and the credit for excessive property
11504-taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
11505-was three percent (3%).
11506-STEP FIVE: Determine the amount of the school corporation's
11507-part of the result determined in STEP FOUR.
11508-STEP SIX: Multiply:
11509-(A) the result of STEP TWO; by
11510-(B) the tax rate that will be imposed if the public question is
11511-approved by the voters.
11512-STEP SEVEN: Divide the result of STEP SIX by the result of
11513-STEP FIVE, expressed as a percentage.
11514-(f) The county auditor shall certify the estimated average percentage
11515-of property tax increase on a homestead to be paid to the school
11516-corporation determined under subsection (d), and the estimated average
11517-percentage of property tax increase on a business property to be paid
11518-SEA 1 — Concur 269
11519-to the school corporation determined under subsection (e), in a manner
11520-prescribed by the department of local government finance, and provide
11521-the certification to the governing body of the school corporation that
11522-proposes to impose property taxes.
11523-SECTION 219. IC 20-46-1-10.3 IS ADDED TO THE INDIANA
11524-CODE AS A NEW SECTION TO READ AS FOLLOWS
11525-[EFFECTIVE JULY 1, 2025]: Sec. 10.3. Each year, the county
11526-auditor, with cooperation from the department of local
11527-government finance, shall determine the tax rate needed to raise
11528-the maximum amount of the annual levy for the year as described
11529-under section 10 or 10.1 of this chapter, as applicable, and shall
11530-determine all other information needed for the ballot language in
11531-those sections.
11532-SECTION 220. IC 20-46-1-14, AS AMENDED BY P.L.227-2023,
11533-SECTION 135, IS AMENDED TO READ AS FOLLOWS
11534-[EFFECTIVE JULY 1, 2025]: Sec. 14. (a) The referendum shall be
11535-held in the next primary election general election, or municipal election
11536-as provided under IC 3-10-9-3(b), in which all the registered voters
11537-who are residents of the appellant school corporation are entitled to
11538-vote after certification of the question. under IC 3-10-9-3. The
11539-certification of the question must occur not later than noon
11540-(1) seventy-four (74) days before a primary election if the
11541-question is to be placed on the primary or municipal primary
11542-election ballot; or
11543-(2) August 1. if the question is to be placed on the general or
11544-municipal election ballot.
11545-(b) However, if a primary election, general election, or municipal
11546-election will not be held during the first year in which the public
11547-question is eligible to be placed on the ballot under this chapter and if
11548-the appellant school corporation requests the public question to be
11549-placed on the ballot at a special election, the public question shall be
11550-placed on the ballot at a special election to be held on the first Tuesday
11551-after the first Monday in May or November of the year. The
11552-certification must occur not later than noon:
11553-(1) seventy-four (74) days before a special election to be held in
11554-May (if the special election is to be held in May); or
11555-(2) on August 1 (if the special election is to be held in
11556-November).
11557-(c) If the referendum is not conducted at a primary election, general
11558-election, or municipal election, the appellant school corporation in
11559-which the referendum is to be held shall pay all the costs of holding the
11560-referendum.
11561-SEA 1 — Concur 270
11562-SECTION 221. IC 20-46-1-21, AS ADDED BY P.L.189-2023,
11563-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11564-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 21. (a) This section:
11565-(1) except as provided in subdivision (2), applies to revenue
11566-received from a resolution that is approved by the governing body
11567-to impose a referendum levy under section 8 or 8.5 of this chapter
11568-after May 10, 2023, for a school corporation located in:
11569-(1) (A) Lake County;
11570-(2) (B) Marion County;
11571-(3) (C) St. Joseph County; or
11572-(4) (D) Vanderburgh County;
11573-through the full term of the referendum levy; and
11574-(2) does not apply to revenue received from a referendum levy
11575-if:
11576-(A) the governing body of the school corporation approves
11577-the referendum levy in a resolution adopted under section
11578-8 or 8.5 of this chapter; and
11579-(B) the referendum levy is imposed for the first time with
11580-property taxes first due and payable in a calendar year
11581-beginning after December 31, 2027.
11582-(b) Subject to subsections (f) and (h), the county auditor in the
11583-county in which the school corporation is located shall distribute an
11584-amount of revenue as provided under subsection (d) (e) from the
11585-revenue collected from a tax levy imposed under this chapter by a
11586-school corporation that is attributable to the territory of the school
11587-corporation that is located within the boundaries of a county listed
11588-in subsection (a)(1) to each charter school, excluding virtual charter
11589-schools or adult high schools, that a student who resides within the
11590-attendance area of the school corporation attends if the charter school
11591-elects to participate in the referendum under section 8(i) 8(h) of this
11592-chapter.
11593-(c) The department shall provide the county auditor with data and
11594-information necessary for the county auditor to determine:
11595-(1) which charter schools are eligible to receive a distribution
11596-under this section; and
11597-(2) the number of students who:
11598-(A) reside within the attendance area of the school corporation
11599-who are included in the ADM for each charter school,
11600-excluding virtual charter schools or adult high schools,
11601-described in subdivision (1); and
11602-(B) receive not more than fifty percent (50%) virtual
11603-instruction.
11604-SEA 1 — Concur 271
11605-(c) (d) The following schools are not eligible to receive a
11606-distribution under this section:
11607-(1) A virtual charter school.
11608-(2) An adult high school.
11609-(d) (e) For the purposes of the calculations made in this subsection,
11610-each eligible school that has entered into an agreement with a school
11611-corporation to participate as a participating innovation network charter
11612-school under IC 20-25.7-5 is considered to have an ADM that is
11613-separate from the school corporation. The amount that the county
11614-auditor shall distribute to a charter school, excluding virtual charter
11615-schools or adult high schools, under this section is the amount
11616-determined in the last STEP of the following STEPS:
11617-STEP ONE: Determine, for each charter school, excluding virtual
11618-charter schools or adult high schools, that is eligible to receive a
11619-distribution under this section, the number of students who reside
11620-within the attendance area of the school corporation who are
11621-currently included in the ADM of the charter school and receive
11622-not more than fifty percent (50%) virtual instruction.
11623-STEP TWO: Determine the sum of:
11624-(A) the current ADM count for the school corporation; plus
11625-(B) total number of all students who reside within the
11626-attendance area of the school corporation who are currently
11627-included in the ADM of a charter school, and receive not
11628-more than fifty percent (50%) virtual instruction,
11629-excluding virtual charter schools or adult high schools.
11630-STEP THREE: Determine the result of:
11631-(A) the STEP ONE amount; divided by
11632-(B) the STEP TWO amount.
11633-STEP FOUR: Determine the result of:
11634-(A) the sum of:
11635-(i) the STEP THREE amount; plus
11636-(ii) any amount withheld in the previous year under
11637-subsection (i); multiplied by
11638-(B) the amount collected by the county auditor during the most
11639-recent installment period that is attributable to the territory
11640-of the school corporation that is located within the
11641-boundaries of a county listed in subsection (a).
11642-(f) A charter school is not eligible for a distribution under this
11643-section from property tax revenue collected from a particular
11644-referendum levy if the charter school does not have a certified fall
11645-ADM count in the calendar year immediately preceding the
11646-calendar year in which the public question for the referendum
11647-SEA 1 — Concur 272
11648-appears on the ballot.
11649-(g) Not later than August 15, 2025, and not later than August 15
11650-of each calendar year thereafter, the department shall provide to
11651-each school corporation and eligible charter school an estimate of
11652-the amount of property tax levy revenue the school corporation
11653-and charter school are expected to receive under this section in the
11654-subsequent calendar year based on the most recent fall ADM
11655-count.
11656-(h) This subsection applies beginning with distributions of
11657-property tax revenue under this section in 2026 and thereafter. In
11658-order to receive a distribution under this section, the governing
11659-body of a charter school shall, not later than October 15, 2025, and
11660-not later than October 15 of each calendar year thereafter, adopt
11661-a budget for the current school year. Not later than ten (10) days
11662-before its adoption, the budget must be fixed and presented to the
11663-charter board in a public meeting in the county in which the
11664-charter school is incorporated. Not later than November 1, 2025,
11665-and not later than November 1 of each calendar year thereafter,
11666-the governing body of the charter school shall submit:
11667-(1) the budget that is adopted under this subsection;
11668-(2) the dates on which each requirement under this subsection
11669-were met; and
11670-(3) a statement from the governing body of the charter school
11671-attesting that the dates provided in subdivision (2) are true
11672-and accurate and that the budget was properly adopted under
11673-this subsection;
11674-to the charter authorizer for review and to the department of local
11675-government finance to be posted publicly on the computer gateway
11676-under IC 6-1.1-17-3.
11677-(i) If a charter school does not satisfy the requirements of
11678-subsection (h) to receive distributions under this section during a
11679-calendar year, as determined by the department of local
11680-government finance, the charter school may not receive a
11681-distribution of property tax revenue in that calendar year and the
11682-county auditor shall withhold the charter school's distribution
11683-amount. The department of local government finance's
11684-determination of compliance consists only of a confirmation that
11685-the adopted budget and attestation statement are submitted not
11686-later than the applicable date under subsection (h). Any
11687-distribution amount withheld under this subsection shall be:
11688-(1) added to the property tax revenue collections as described
11689-in STEP TWO of subsection (e); and
11690-SEA 1 — Concur 273
11691-(2) distributed among the school corporation and remaining
11692-charter schools according to subsection (e);
11693-in the calendar year that immediately follows the calendar year in
11694-which the distribution amount was withheld.
11695-SECTION 222. IC 20-46-1-22 IS ADDED TO THE INDIANA
11696-CODE AS A NEW SECTION TO READ AS FOLLOWS
11697-[EFFECTIVE JULY 1, 2025]: Sec. 22. (a) This section applies to
11698-revenue received from a referendum levy if both of the following
11699-apply:
11700-(1) The:
11701-(A) governing body of the school corporation approves the
11702-referendum levy in a resolution adopted under section 8 or
11703-8.5 of this chapter; and
11704-(B) resulting referendum levy is imposed for the first time
11705-with property taxes first due and payable in a calendar
11706-year beginning after December 31, 2027.
11707-(2) The number of students who have legal settlement in the
11708-school corporation but attend a charter school, excluding
11709-virtual charter schools and adult high schools, and receive not
11710-more than fifty percent (50%) virtual instruction is at least
11711-the greater of:
11712-(A) one hundred (100) students; or
11713-(B) two percent (2%) of the school corporation's spring
11714-ADM count, excluding students who receive more than
11715-fifty percent (50%) virtual instruction.
11716-(b) As used in this section, "eligible charter school" means a
11717-charter school attended by a student who:
11718-(1) has legal settlement in a school corporation that imposes
11719-a referendum levy under this chapter; and
11720-(2) receives not more than fifty percent (50%) virtual
11721-instruction.
11722-However, the term does not include a virtual charter school or an
11723-adult high school.
11724-(c) The following schools are not eligible to receive, and may not
11725-be considered in a calculation made for purposes of, a distribution
11726-under this section:
11727-(1) A virtual charter school.
11728-(2) An adult high school.
11729-(d) Subject to subsections (j) and (l), the county auditor in the
11730-county in which the school corporation is located shall distribute
11731-to each eligible charter school, in the manner provided under this
11732-section, an amount of revenue received from a tax levy imposed by
11733-SEA 1 — Concur 274
11734-a school corporation under this chapter unless the charter school
11735-elects to not participate in the referendum under section 8(h) of
11736-this chapter.
11737-(e) For the purposes of the calculations made in this section,
11738-each eligible charter school that has entered into an agreement
11739-with a school corporation to participate as a participating
11740-innovation network charter school under IC 20-25.7-5 is
11741-considered to have an ADM that is separate from the school
11742-corporation.
11743-(f) Not later than January 1, 2028, and not later than January
11744-1 of each year thereafter, the department, in consultation with the
11745-department of local government finance, shall determine, for each
11746-school corporation, the corresponding percentages of revenue
11747-received from the tax levy that must be distributed among the
11748-school corporation and each eligible charter school according to
11749-the following formula:
11750-STEP ONE: Determine, for each eligible charter school, the
11751-number of students who:
11752-(A) have legal settlement within the school corporation;
11753-(B) are currently included in the fall ADM count for the
11754-charter school; and
11755-(C) receive not more than fifty percent (50%) virtual
11756-instruction.
11757-STEP TWO: Determine the sum of:
11758-(A) the aggregate of the STEP ONE results for all eligible
11759-charter schools with respect to the school corporation; plus
11760-(B) the fall ADM count for the school corporation for
11761-students receiving not more than fifty percent (50%)
11762-virtual instruction.
11763-STEP THREE: For each eligible charter school, determine the
11764-result of:
11765-(A) the applicable STEP ONE amount; divided by
11766-(B) the STEP TWO amount;
11767-expressed as a percentage.
11768-STEP FOUR: Determine the sum of all the amounts computed
11769-under STEP THREE and subtract the result from one
11770-hundred percent (100%).
11771-(g) The department shall provide to the county auditor,
11772-immediately after calculation under subsection (g):
11773-(1) each eligible charter school and the eligible charter
11774-school's corresponding percentage calculated under STEP
11775-THREE of subsection (f); and
11776-SEA 1 — Concur 275
11777-(2) the percentage calculated under STEP FOUR of
11778-subsection (f) for the school corporation.
11779-(h) Subject to subsections (k) and (m), when the county auditor
11780-distributes property tax revenue, the county auditor shall
11781-distribute to the school corporation and each eligible charter
11782-school the amount determined in the last STEP of the following
11783-STEPS:
11784-STEP ONE: Determine the amount collected in the most
11785-recent installment period by the school corporation from the
11786-school corporation's referendum levy imposed under this
11787-chapter.
11788-STEP TWO: To determine the distribution for the school
11789-corporation and each eligible charter school, determine the
11790-result of:
11791-(A) the sum of:
11792-(i) the STEP ONE result; plus
11793-(ii) any amount withheld in the previous year under
11794-subsection (k); multiplied by
11795-(B) the following percentage:
11796-(i) In the case of an eligible charter school, the charter
11797-school's percentage under STEP THREE of subsection
11798-(f).
11799-(ii) In the case of the school corporation, the school
11800-corporation's percentage under STEP FOUR of
11801-subsection (f).
11802-(i) Not later than August 15, 2027, and not later than August 15
11803-of each calendar year thereafter, the department shall provide to
11804-each school corporation and each eligible charter school an
11805-estimate of the amount of property tax levy revenue the school
11806-corporation and eligible charter school are expected to receive
11807-under this section in the subsequent calendar year based on the
11808-most recent fall ADM count.
11809-(j) This subsection applies beginning with distributions of
11810-property tax revenue under this section in 2028 and thereafter. In
11811-order to receive a distribution under this section, the governing
11812-body of an eligible charter school shall, not later than October 15,
11813-2027, and not later than October 15 of each calendar year
11814-thereafter, adopt a budget for the current school year. Not later
11815-than ten (10) days before its adoption, the budget must be fixed and
11816-presented to the charter board in a public meeting in the county in
11817-which the eligible charter school is incorporated. Not later than
11818-November 1, 2027, and not later than November 1 of each calendar
11819-SEA 1 — Concur 276
11820-year thereafter, the governing body of the charter school shall
11821-submit:
11822-(1) the budget that is adopted under this subsection;
11823-(2) the dates on which each requirement under this subsection
11824-were met; and
11825-(3) a statement from the governing body of the charter school
11826-attesting that the dates provided in subdivision (2) are true
11827-and accurate and that the budget was properly adopted under
11828-this subsection;
11829-to the charter authorizer for review and to the department of local
11830-government finance to be posted publicly on the computer gateway
11831-under IC 6-1.1-17-3.
11832-(k) If an eligible charter school does not satisfy the requirements
11833-of subsection (j) to receive distributions under this section during
11834-a calendar year, as determined by the department of local
11835-government finance, the eligible charter school may not receive a
11836-distribution of property tax revenue in that calendar year and the
11837-county auditor shall withhold the eligible charter school's
11838-distribution amount. The department of local government finance's
11839-determination of compliance consists only of a confirmation that
11840-the adopted budget and attestation statement are submitted not
11841-later than the applicable date under subsection (j). Any
11842-distribution amount withheld under this subsection shall be:
11843-(1) added to the property tax revenue collections as described
11844-in STEP TWO of subsection (h); and
11845-(2) distributed among the school corporation and eligible
11846-charter schools according to subsection (h);
11847-in the calendar year that immediately follows the calendar year in
11848-which the distribution amount was withheld.
11849-(l) A charter school is not eligible for a distribution under this
11850-section from property tax revenue collected from a particular
11851-referendum levy if the charter school does not have a certified fall
11852-ADM count in the calendar year immediately preceding the
11853-calendar year in which the public question for the referendum
11854-appears on the ballot.
11855-SECTION 223. IC 20-46-8-1, AS AMENDED BY P.L.104-2022,
11856-SECTION 129, IS AMENDED TO READ AS FOLLOWS
11857-[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) A school corporation may
11858-impose an annual property tax levy for its operations fund.
11859-(b) For property taxes first due and payable in 2019, the maximum
11860-permissible property tax levy a school corporation may impose for its
11861-operations fund (IC 20-40-18) is the following:
11862-SEA 1 — Concur 277
11863-STEP ONE: Determine the sum of the following:
11864-(A) The 2018 maximum permissible transportation levy
11865-determined under IC 20-46-4 (repealed January 1, 2019).
11866-(B) The 2018 maximum permissible school bus replacement
11867-levy determined under IC 20-46-5 (repealed January 1, 2019).
11868-(C) The 2018 amount that would be raised from a capital
11869-projects fund tax rate equal to the sum of:
11870-(i) the maximum capital projects fund rate that the school
11871-corporation was authorized to impose for 2018 under
11872-IC 20-46-6 (repealed January 1, 2019), after any adjustment
11873-under IC 6-1.1-18-12 (but excluding any rate imposed for
11874-qualified utility and insurance costs); plus
11875-(ii) the capital projects fund rate imposed for qualified utility
11876-and insurance costs in 2018.
11877-(D) For school corporations described in IC 36-10-13-7, the
11878-2018 levy as provided in section 6 of this chapter (repealed
11879-January 1, 2019) to provide funding for an art association.
11880-(E) For a school corporation in a county having a population
11881-of more than two hundred fifty thousand (250,000) and less
11882-than three hundred thousand (300,000), the 2018 levy as
11883-provided in section 7 of this chapter (repealed January 1,
11884-2019) to provide funding for a historical society.
11885-(F) For a school corporation described in IC 36-10-14-1, the
11886-2018 levy as provided in section 8 of this chapter (repealed
11887-January 1, 2019) to provide funding for a public playground.
11888-STEP TWO: Determine the product of:
11889-(A) The amount determined in STEP ONE, after eliminating
11890-the effects of temporary excessive levy appeals and any other
11891-temporary adjustments made to each of these levies for 2018
11892-(regardless of whether the school corporation imposed the
11893-entire amount of that maximum permissible levy for the
11894-previous year); multiplied by
11895-(B) the maximum levy growth quotient determined under
11896-IC 6-1.1-18.5-2.
11897-STEP THREE: Determine the result of the following:
11898-(A) Determine the sum of:
11899-(i) the amount determined in STEP TWO; plus
11900-(ii) the amount granted due to an appeal to increase the levy
11901-for transportation for 2019.
11902-(B) Make the school bus replacement adjustment for 2019.
11903-(c) After 2019, the maximum permissible property tax levy a school
11904-corporation may impose for its operations fund for a particular year is
11905-SEA 1 — Concur 278
11906-the following:
11907-STEP ONE: Determine the product of:
11908-(A) the maximum permissible property tax levy for the school
11909-corporation's operations fund for the previous year, after
11910-eliminating the effects of temporary excessive levy appeals
11911-and any other temporary adjustments made to the levy for the
11912-previous year (regardless of whether the school corporation
11913-imposed the entire amount of the maximum permissible levy
11914-for the previous year); multiplied by
11915-(B) the maximum levy growth quotient determined under
11916-IC 6-1.1-18.5-2.
11917-STEP TWO: Determine the result of the following:
11918-(A) Determine the sum of:
11919-(i) the amount determined in STEP ONE; plus
11920-(ii) the amount granted due to an appeal to increase the
11921-maximum permissible operations fund levy for the year
11922-under section 3 of this chapter for transportation (before its
11923-expiration).
11924-(B) Make the school bus replacement adjustment permitted by
11925-section 3 of this chapter.
11926-SECTION 224. IC 20-46-8-3, AS AMENDED BY P.L.156-2024,
11927-SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11928-JULY 1, 2025]: Sec. 3. (a) This section applies to property tax levies
11929-imposed before January 1, 2026.
11930-(b) Subject to subsection (b), (c), a school corporation may appeal
11931-to the department of local government finance under IC 6-1.1-19 to
11932-increase the school corporation's maximum permissible operations fund
11933-levy. The appeal must be filed with the department of local government
11934-finance before October 20 of the year before the increase is proposed
11935-to take effect. To be granted an increase by the department of local
11936-government finance, the school corporation must establish that the
11937-increase is necessary because of either or both of the following:
11938-(1) A cost increase of at least ten percent (10%) over the
11939-preceding year for at least one (1) of the following:
11940-(A) A fuel expense increase.
11941-(B) A cost increase due to an increase in the number of
11942-students enrolled in the school corporation who need
11943-transportation or an increase in the mileage traveled by the
11944-school corporation's buses compared with the previous year.
11945-(C) A cost increase due to an increase in the number of
11946-students enrolled in special education who need transportation
11947-or an increase in the mileage traveled by the school
11948-SEA 1 — Concur 279
11949-corporation's buses due to students enrolled in special
11950-education as compared with the previous year.
11951-(D) Increased transportation operating costs due to compliance
11952-with a court ordered desegregation plan.
11953-(E) A cost increase due to the closure of a school building
11954-within the school corporation that results in a significant
11955-increase in the distances that students must be transported to
11956-attend another school building.
11957-(F) A cost increase due to restructuring or redesigning
11958-transportation services due to a need for additional, expanded,
11959-consolidated, or modified routes.
11960-(G) A labor cost increase due to a labor shortage affecting the
11961-school corporation's ability to hire qualified transportation
11962-employees.
11963-To obtain the increase, the school corporation must establish that
11964-it will be unable to provide transportation services without an
11965-increase.
11966-(2) A cost increase associated with the school corporation's bus
11967-replacement plan adopted or amended under IC 20-40-18-9 (after
11968-December 31, 2018). To obtain the increase, the school
11969-corporation must show that the school corporation must incur
11970-reasonable and necessary expenses to acquire additional buses
11971-under the plan.
11972-The department of local government finance may grant a levy increase
11973-that is less than the increase requested by the school corporation. If the
11974-department of local government finance determines that a permanent
11975-increase in the maximum permissible levy is necessary, the increase
11976-granted under this section shall be added to the school corporation's
11977-maximum permissible operations fund levy as provided in section 1 of
11978-this chapter.
11979-(b) (c) This subsection applies to a school corporation whose budget
11980-for the upcoming year is subject to review by a fiscal body under
11981-IC 6-1.1-17-20. A school corporation described in this subsection may
11982-not submit an appeal under this section unless the school corporation
11983-receives approval from the fiscal body to submit the appeal.
11984-(d) This section expires December 31, 2026.
11985-SECTION 225. IC 20-46-8-11.2, AS AMENDED BY P.L.36-2024,
11986-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11987-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 11.2. (a) This section
11988-applies only to revenue collected after June 30, 2024, and before
11989-January 1, 2028, from a tax levy imposed under this chapter by a
11990-school corporation located in:
11991-SEA 1 — Concur 280
11992-(1) Lake County;
11993-(2) Marion County;
11994-(3) St. Joseph County; or
11995-(4) Vanderburgh County.
11996-However, this section does not apply to, and distributions are not
11997-required for, a school corporation that is designated as a distressed
11998-political subdivision under IC 6-1.1-20.3.
11999-(b) Beginning In calendar year 2025, and each year thereafter, and
12000-subject to subsections (c), and (h), the county For distributions made
12001-in:
15111+executive's appointee under subsection (c).".
15112+Page 248, delete lines 7 through 9.
15113+Page 254, line 13, after "without" insert "written".
15114+Page 276, line 37, delete "school." and insert "school and receive
15115+not more than fifty percent (50%) virtual instruction.".
15116+Page 276, line 42, after "school," insert "and receive not more than
15117+fifty percent (50%) virtual instruction,".
15118+Page 277, line 16, delete "begins operations after the" and insert
15119+"does not have a certified fall ADM count in the calendar year
15120+immediately preceding the calendar year in which the public
15121+question for the referendum appears on the ballot.".
15122+Page 277, delete lines 17 through 18.
15123+Page 277, line 24, delete "spring" and insert "fall".
15124+Page 277, line 31, delete "ensuing" and insert "current".
15125+Page 281, line 7, delete "spring" and insert "fall".
15126+Page 281, line 13, delete "ensuing" and insert "current".
15127+Page 282, line 7, delete "begins operations after the" and insert
15128+"does not have a certified fall ADM count in the calendar year
15129+immediately preceding the calendar year in which the public
15130+question for the referendum appears on the ballot.".
15131+Page 282, delete lines 8 through 9.
15132+Page 285, line 24, strike "In calendar year 2025,".
15133+Page 285, line 24, delete "2026, and 2027,".
15134+Page 285, line 25, strike "and subject to subsections (c),".
15135+Page 285, line 25, strike "(h),".
15136+Page 285, line 25, delete "and (i),".
15137+Page 285, line 25, strike "the county" and insert "For distributions
15138+made in:
1200215139 (1) calendar year 2025, and subject to subsection (c); and
1200315140 (2) calendar years 2026 and 2027, and subject to subsections
1200415141 (c), (h), and (i);
12005-the county auditor shall distribute to each charter school that is
12006-eligible for a distribution under subsection (d), and as provided
12007-under subsection (f), an amount of revenue received from a tax levy
12008-imposed by a school corporation under this chapter to each charter
12009-school that is eligible for a distribution under subsection (d) and as set
12010-forth in subsection (f). that is attributable to the territory of the
12011-school corporation that is located within the boundaries of a county
12012-listed in subsection (a).
12013-(c) The following schools are not eligible to receive a distribution
12014-under this section:
12015-(1) A virtual charter school.
12016-(2) An adult high school.
12017-(d) Not later than thirty (30) days before the date that the county
12018-auditor distributes money for a school corporation's operations fund
12019-(IC 20-40-18) under IC 6-1.1-27, March 1, 2025, January 1, 2026,
12020-and January 1, 2027, the department, in consultation with the
12021-department of local government finance, shall determine the
12022-corresponding percentages of revenue received from the tax levy that
12023-are attributable to the territory of the school corporation that is
12024-located within the boundaries of a county listed in subsection (a)
12025-and must be distributed among the school corporation and each eligible
12026-charter school according to the following formula:
12027-STEP ONE: Determine each charter school that:
12028-(A) is located in the same county as the school corporation;
12029-and
12030-(B) provides not more than fifty percent (50%) virtual
12031-instruction for its students.
12032-STEP TWO: Determine, for each charter school described in
12033-STEP ONE, the number of students who:
12034-SEA 1 — Concur 281
12035-(A) have legal settlement within the school corporation;
12036-(B) are currently included in the fall ADM for the charter
12037-school; and
12038-(C) receive not more than fifty percent (50%) virtual
12039-instruction.
12040-STEP THREE: Determine the sum of:
12041-(A) the aggregate of the STEP TWO results for all applicable
12042-charter schools; plus
12043-(B) the fall ADM count for the school corporation for students
12044-receiving not more than fifty percent (50%) virtual instruction.
12045-STEP FOUR: For each charter school described in STEP ONE,
12046-determine the result of:
12047-(A) the applicable STEP TWO amount; divided by
12048-(B) the STEP THREE amount;
12049-expressed as a percentage.
12050-STEP FIVE: Determine the sum of all the amounts computed
12051-under STEP FOUR and subtract the result from one hundred
12052-percent (100%).
12053-(e) The department shall provide to the county auditor, immediately
12054-after calculation under subsection (d): and in the form prescribed by the
12055-county auditor:
12056-(1) each charter school determined under STEP ONE of
12057-subsection (d) and the charter school's corresponding percentage
12058-calculated under STEP FOUR of subsection (d); and
12059-(2) the percentage calculated under STEP FIVE of subsection (d)
12060-for the school corporation.
12061-(f) Subject to subsection (i), the county auditor shall distribute to
12062-the school corporation and each applicable charter school the amount
12063-determined, for each settlement period described in IC 6-1.1-27-1,
12064-in the last STEP of the following STEPS:
12065-STEP ONE: For each school corporation, determine a base
12066-property tax levy amount calculated as:
12067-(A) the sum of the school corporation's operations fund
12068-property tax levies that are attributable to the territory of
12069-the school corporation that is located within the
12070-boundaries of a county listed in subsection (a) and collected
12071-under this chapter for the applicable settlement period as
12072-described in IC 6-1.1-27-1 in calendar years 2021, 2022, and
12073-2023; divided by
12074-(B) three (3).
12075-STEP TWO: For each school corporation, determine an
12076-incremental property tax levy amount calculated as:
12077-SEA 1 — Concur 282
12078-(A) the school corporation's operations fund property tax levy
12079-collections that are attributable to the territory of the
12080-school corporation that is located within the boundaries of
12081-a county listed in subsection (a) for the applicable
12082-settlement period as described in IC 6-1.1-27-1 in the
12083-current calendar year; minus
12084-(B) the school corporation's base property tax levy collections
12085-determined for the applicable settlement period as
12086-described in IC 6-1.1-27-1 under STEP ONE.
12087-STEP THREE: For the school corporation and each applicable
12088-charter school, determine the result of:
12089-(A) the sum of:
12090-(i) the incremental amount determined under STEP TWO;
12091-plus
12092-(ii) any distribution amount withheld under subsection
12093-(i); multiplied by
12094-(B) the following percentage:
12095-(i) In the case of an applicable charter school, the charter
12096-school's percentage under STEP FOUR of subsection (d).
12097-(ii) In the case of the school corporation, the school
12098-corporation's percentage under STEP FIVE of subsection
12099-(d).
12100-(g) Before October 1, 2024, and before October 1 of each year
12101-thereafter, August 15, 2025, and August 15, 2026, the department
12102-shall provide to each school corporation and each eligible charter
12103-school an estimate of the amount of property tax levy revenue the
12104-school corporation and charter school are expected to receive under
12105-this section based on the most recent fall ADM count.
12106-(h) This subsection applies to distributions of property tax
12107-revenue under this section in 2026 and 2027. In order to receive a
12108-distribution under this section in 2026 and 2027, the governing body
12109-of an eligible charter school shall, before November 1, 2024, and
12110-before November 1 of each year thereafter, October 15, 2025, and
12111-October 15, 2026, adopt a budget for the current school year. Not
12112-later than ten (10) days before its adoption, the budget must be fixed
12113-and presented to the charter board in a public meeting in the county in
12114-which the charter school is incorporated. A budget that is adopted
12115-under this subsection must be submitted to the charter authorizer for
12116-review and to the department of local government finance to be posted
12117-publicly on the computer gateway under IC 6-1.1-17-3 not later than:
12118-(1) to receive distributions in 2026, November 1, 2025; and
12119-(2) to receive distributions in 2027, November 1, 2026.
12120-SEA 1 — Concur 283
12121-In addition to the adopted budget, the governing body of the
12122-charter school shall also submit to the charter authorizer, and to
12123-the department of local government finance to be posted publicly
12124-on the computer gateway under IC 6-1.1-17-3, the dates on which
12125-each requirement under this subsection was met and a statement
12126-from the governing body of the charter school attesting that those
12127-dates are true and accurate and that the budget was properly
12128-adopted under this subsection.
12129-(i) Before April 1, 2025, and before April 1 of each year thereafter,
12130-the county auditor shall provide each school corporation and each
12131-eligible charter school the actual amount of property tax levy revenue
12132-the school corporation and charter school are expected to receive under
12133-this section.
12134-(i) This subsection applies to distributions of property tax
12135-revenue under this section in 2026 and 2027. If an eligible charter
12136-school does not satisfy the requirements of subsection (h) to receive
12137-distributions under this section during a calendar year, as
12138-determined by the department of local government finance, the
12139-charter school may not receive a distribution of property tax
12140-revenue in that calendar year and the county auditor shall
12141-withhold the charter school's distribution amount. The department
12142-of local government finance's determination of compliance consists
12143-only of a confirmation that the adopted budget and attestation
12144-statement are submitted not later than the applicable date under
12145-subsection (h). Any distribution amount that must be withheld
12146-from distribution to any particular charter school under this
12147-subsection in:
12148-(1) calendar year 2026 shall be added to the incremental
12149-amount as described in STEP TWO of subsection (f) and
12150-distributed among the school corporation and remaining
12151-charter schools according to subsection (f) in calendar year
12152-2027; and
12153-(2) calendar year 2027 shall be added to the incremental
12154-amount as described in STEP TWO of subsection (f) and
12155-distributed among the school corporation and remaining
12156-charter schools according to subsection (f) in calendar year
12157-2027.
12158-SECTION 226. IC 20-46-8-12 IS ADDED TO THE INDIANA
12159-CODE AS A NEW SECTION TO READ AS FOLLOWS
12160-[EFFECTIVE JULY 1, 2025]: Sec. 12. (a) This section applies to
12161-revenue collected after December 31, 2027, from a tax levy imposed
12162-under this chapter only if the number of students who have legal
12163-SEA 1 — Concur 284
12164-settlement in a school corporation but attend a charter school,
12165-excluding virtual charter schools and adult high schools, and
12166-receive not more than fifty percent (50%) virtual instruction, is at
12167-least the greater of:
12168-(1) one hundred (100) students; or
12169-(2) two percent (2%) of the school corporation's spring ADM
12170-count, excluding students who receive more than fifty percent
12171-(50%) virtual instruction.
12172-(b) As used in this section, "eligible charter school" means a
12173-charter school attended by a student who:
12174-(1) has legal settlement in a school corporation that imposes
12175-a tax levy under this chapter; and
12176-(2) receives not more than fifty percent (50%) virtual
12177-instruction.
12178-However, the term does not include a virtual charter school or an
12179-adult high school.
12180-(c) The following schools are not eligible to receive, and may not
12181-be considered in a calculation made for purposes of, a distribution
12182-under this section:
12183-(1) A virtual charter school.
12184-(2) An adult high school.
12185-(d) Beginning in calendar year 2028, and in each calendar year
12186-thereafter, and subject to subsection (j), the county auditor shall
12187-distribute to each eligible charter school in the manner provided
12188-under this section an amount of revenue received from a tax levy
12189-imposed by a school corporation under this chapter.
12190-(e) For the purposes of the calculations made in this section,
12191-each eligible charter school that has entered into an agreement
12192-with a school corporation to participate as a participating
12193-innovation network charter school under IC 20-25.7-5 is
12194-considered to have an ADM that is separate from the school
12195-corporation.
12196-(f) Not later than January 1, 2028, and not later than January
12197-1 of each year thereafter, the department, in consultation with the
12198-department of local government finance, shall determine, for each
12199-school corporation, the corresponding percentages of revenue
12200-received from the tax levy that must be distributed among the
12201-school corporation and each eligible charter school according to
12202-the following formula:
12203-STEP ONE: Determine, for each eligible charter school, the
12204-number of students who:
12205-(A) have legal settlement within the school corporation;
12206-SEA 1 — Concur 285
12207-(B) are currently included in the fall ADM count for the
12208-charter school; and
12209-(C) receive not more than fifty percent (50%) virtual
12210-instruction.
12211-STEP TWO: Determine the sum of:
12212-(A) the aggregate of the STEP ONE results for all eligible
12213-charter schools with respect to the school corporation; plus
12214-(B) the fall ADM count for the school corporation for
12215-students receiving not more than fifty percent (50%)
12216-virtual instruction.
12217-STEP THREE: For each eligible charter school, determine the
12218-result of:
12219-(A) the applicable STEP ONE amount; divided by
12220-(B) the STEP TWO amount;
12221-expressed as a percentage.
12222-STEP FOUR: Determine the sum of all the amounts computed
12223-under STEP THREE and subtract the result from one
12224-hundred percent (100%).
12225-(g) The department shall provide to the county auditor,
12226-immediately after calculation under subsection (f):
12227-(1) each eligible charter school and the eligible charter
12228-school's corresponding percentage calculated under STEP
12229-THREE of subsection (f); and
12230-(2) the percentage calculated under STEP FOUR of
12231-subsection (f) for the school corporation.
12232-(h) Subject to subsections (j) and (l), the county auditor shall
12233-distribute to the school corporation and each eligible charter
12234-school the amount determined in the last STEP of the following
12235-STEPS:
12236-STEP ONE: Determine the amount collected in the most
12237-recent installment period by the school corporation from the
12238-school corporation's operations fund levy imposed under this
12239-chapter.
12240-STEP TWO: To determine the distribution for the school
12241-corporation and each eligible charter school, determine the
12242-result of:
12243-(A) the sum of:
12244-(i) the STEP ONE result; plus
12245-(ii) any amount withheld in the previous year under
12246-subsection (k); multiplied by
12247-(B) the following percentage:
12248-(i) In the case of an eligible charter school, the charter
12249-SEA 1 — Concur 286
12250-school's percentage under STEP THREE of subsection
12251-(f).
12252-(ii) In the case of the school corporation, the school
12253-corporation's percentage under STEP FOUR of
12254-subsection (f).
12255-(i) Not later than August 15, 2027, and not later than August 15
12256-of each calendar year thereafter, the department shall provide to
12257-each school corporation and each eligible charter school an
12258-estimate of the amount of property tax levy revenue the school
12259-corporation and eligible charter school are expected to receive
12260-under this section in the subsequent calendar year based on the
12261-most recent fall ADM count.
12262-(j) Beginning with distributions of property tax revenue under
12263-this section in 2028 and thereafter, in order to receive a
12264-distribution under this section, the governing body of an eligible
12265-charter school shall, not later than October 15, 2027, and not later
12266-than October 15 of each calendar year thereafter, adopt a budget
12267-for the current school year. Not later than ten (10) days before its
12268-adoption, the budget must be fixed and presented to the charter
12269-board in a public meeting in the county in which the eligible
12270-charter school is incorporated. Not later than November 1, 2027,
12271-and not later than November 1 of each calendar year thereafter,
12272-the governing body of the charter school shall submit:
12273-(1) the budget that is adopted under this subsection;
12274-(2) the dates on which each requirement under this subsection
12275-was met; and
12276-(3) a statement from the governing body of the charter school
12277-attesting that the dates provided in subdivision (2) are true
12278-and accurate and that the budget was properly adopted under
12279-this subsection;
12280-to the charter authorizer for review and to the department of local
12281-government finance to be posted publicly on the computer gateway
12282-under IC 6-1.1-17-3.
12283-(k) If an eligible charter school does not satisfy the requirements
12284-of subsection (j) to receive distributions under this section during
12285-a calendar year, as determined by the department of local
12286-government finance, the eligible charter school may not receive a
12287-distribution of property tax revenue in that calendar year and the
12288-county auditor shall withhold the eligible charter school's
12289-distribution amount. The department of local government finance's
12290-determination of compliance consists only of a confirmation that
12291-the adopted budget and attestation statement are submitted not
12292-SEA 1 — Concur 287
12293-later than the applicable date under subsection (j). Any
12294-distribution amount withheld under this subsection shall be:
12295-(1) added to the property tax revenue collections as described
12296-in STEP TWO of subsection (h); and
12297-(2) distributed among the school corporation and remaining
12298-eligible charter schools according to subsection (h);
12299-in the calendar year that immediately follows the calendar year in
12300-which the distribution amount was withheld.
12301-(l) This subsection applies only to distributions under subsection
12302-(h) in calendar years 2028, 2029, and 2030 to an eligible charter
12303-school. Instead of the amount determined under subsection (h) for
12304-a distribution to a particular eligible charter school from the
12305-revenue collected from the tax levy imposed under this chapter by
12306-a particular school corporation, the county auditor shall make
12307-distributions according to the following:
12308-(1) For a distribution in 2028, the county auditor shall
12309-distribute an amount for a particular eligible charter school
12310-equal to:
12311-(A) the applicable result of STEP TWO of subsection (h)
12312-for the eligible charter school; multiplied by
12313-(B) twenty-five hundredths (0.25).
12314-(2) For a distribution in 2029, the county auditor shall
12315-distribute an amount for a particular eligible charter school
12316-equal to:
12317-(A) the applicable result of STEP TWO of subsection (h)
12318-for the eligible charter school; multiplied by
12319-(B) five-tenths (0.5).
12320-(3) For a distribution in 2030, the county auditor shall
12321-distribute an amount for a particular eligible charter school
12322-equal to:
12323-(A) the applicable result of STEP TWO of subsection (h)
12324-for the eligible charter school; multiplied by
12325-(B) seventy-five hundredths (0.75).
12326-Any amount of property tax revenue collected from the tax levy
12327-imposed under this chapter by a particular school corporation that
12328-remains after making the distributions according to this subsection
12329-shall be distributed to the school corporation and are in addition
12330-to the amount distributed to the school corporation under
12331-subsection (h) for the applicable year. This subsection expires July
12332-1, 2032.
12333-SECTION 227. IC 20-46-9-6, AS AMENDED BY P.L.162-2024,
12334-SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30,
12335-SEA 1 — Concur 288
12336-AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
12337-OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
12338-AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
12339-Sec. 6. (a) Subject to this chapter, the governing body of a school
12340-corporation may adopt a resolution to place a referendum under this
12341-chapter on the ballot if the governing body of the school corporation
12342-determines that a referendum levy should be imposed for measures to
12343-improve school safety as described in IC 20-40-20-6(a) or
12344-IC 20-40-20-6(b).
12345-(b) Except as provided in section 22 of this chapter, a school
12346-corporation may, with the approval of the majority of members of the
12347-governing body, distribute a portion of the proceeds of a tax levy
12348-collected under this chapter that is deposited in the fund to a charter
12349-school, excluding a virtual charter school, that is located within the
12350-attendance area of the school corporation, to be used by the charter
12351-school for the purposes described in IC 20-40-20-6(a).
12352-(c) This subsection applies to a resolution described in subsection
12353-(a) that is adopted after May 10, 2023, in a county described in section
12354-22(a) of this chapter. A resolution shall specify that a portion of the
12355-proceeds of the proposed levy will be distributed to applicable charter
12356-schools in the manner described under section 22 of this chapter if the
12357-charter school voluntarily elects to participate in the referendum in the
12358-manner described in subsection (i).
12359-(d) This subsection applies to a resolution described in subsection
12360-(a) that is adopted after May 10, 2023, in a county described in section
12361-22(a) of this chapter. The resolution described in subsection (a) shall
12362-include a projection of the amount that the school corporation expects
12363-to be distributed to a particular charter school, excluding virtual charter
12364-schools or adult high schools, under section 22 of this chapter that
12365-elects to participate in the referendum under subsection (i). At least
12366-sixty (60) days before the resolution described in subsection (a) is
12367-voted on by the governing body, the school corporation shall contact
12368-the department to determine the number of students in kindergarten
12369-through grade 12 who have legal settlement in the school corporation
12370-but attend a charter school, excluding virtual charter schools or adult
12371-high schools, and who receive not more than fifty percent (50%) virtual
12372-instruction. The department shall provide the school corporation with
12373-the number of students with legal settlement in the school corporation
12374-who attend a charter school, which shall be disaggregated for each
12375-particular charter school, excluding a virtual charter school or adult
12376-high school. The projection may include an expected increase in
12377-charter schools during the term the levy is imposed. The department of
12378-SEA 1 — Concur 289
12379-local government finance shall prescribe the manner in which the
12380-projection shall be calculated. The governing body shall take into
12381-consideration the projection when adopting the revenue spending plan
12382-under subsection (g).
12383-(e) The governing body of the school corporation shall certify a
12384-copy of the resolution to the following:
12385-(1) The department of local government finance, including:
12386-(A) the language for the question required by section 9 of this
12387-chapter, or in the case of a resolution to extend a referendum
12388-levy certified to the department of local government finance,
12389-section 10 of this chapter; and
12390-(B) a copy of the revenue spending plan adopted under
12391-subsection (g).
12392-The language of the public question must include the estimated
12393-average percentage increases certified by the county auditor under
12394-section 9(d) or 10(f) of this chapter, as applicable. The governing
12395-body of the school corporation shall also provide the county
12396-auditor's certification described in section 9(d) or 10(f) of this
12397-chapter, as applicable. The department of local government
12398-finance shall post the values certified by the county auditor to the
12399-department's website. The department shall review the language
12400-for compliance with section 9 or 10 of this chapter, whichever is
12401-applicable, and either approve or reject the language. The
12402-department shall send its decision to the governing body of the
12403-school corporation not more than ten (10) days after both the
12404-certification of the county auditor described in section 9(d) or
12405-10(f) of this chapter, as applicable, and the resolution is are
12406-submitted to the department. If the language is approved, the
12407-governing body of the school corporation shall certify a copy of
12408-the resolution, including the language for the question and the
12409-department's approval.
12410-(2) The county fiscal body of each county in which the school
12411-corporation is located (for informational purposes only).
12412-(3) The circuit court clerk of each county in which the school
12413-corporation is located.
12414-(f) Except as provided in section 22 of this chapter, the resolution
12415-described in subsection (a) must indicate whether proceeds in the
12416-school corporation's fund collected from a tax levy under this chapter
12417-will be used to provide a distribution to a charter school or charter
12418-schools, excluding a virtual charter school, under IC 20-40-20-6(b) as
12419-well as the amount that will be distributed to the particular charter
12420-school or charter schools. A school corporation may request from the
12421-SEA 1 — Concur 290
12422-designated charter school or charter schools any financial
12423-documentation necessary to demonstrate the financial need of the
12424-charter school or charter schools.
12425-(g) As part of the resolution described in subsection (a), the
12426-governing body of the school corporation shall adopt a revenue
12427-spending plan for the proposed referendum tax levy that includes:
12428-(1) an estimate of the amount of annual revenue expected to be
12429-collected if a levy is imposed under this chapter;
12430-(2) the specific purposes described in IC 20-40-20-6 for which the
12431-revenue collected from a levy imposed under this chapter will be
12432-used;
12433-(3) an estimate of the annual dollar amounts that will be expended
12434-for each purpose described in subdivision (2); and
12435-(4) for a resolution for a referendum that is adopted after May 10,
12436-2023, for a county described in section 22(a) of this chapter, the
12437-projected revenue that shall be distributed to charter schools as
12438-provided in subsection (d). The revenue spending plan shall also
12439-take into consideration deviations in the proposed revenue
12440-spending plan if the actual charter school distributions exceed or
12441-are lower than the projected charter school distributions described
12442-in subsection (d). The resolution shall include for each charter
12443-school that elects to participate under subsection (i) information
12444-described in subdivisions (1) through (3).
12445-(h) A school corporation shall specify in its proposed budget the
12446-school corporation's revenue spending plan adopted under subsection
12447-(g) and annually present the revenue spending plan at its public hearing
12448-on the proposed budget under IC 6-1.1-17-3.
12449-(i) This subsection applies to a resolution described in subsection
12450-(a) for a county described in section 22(a) of this chapter that is
12451-adopted after May 10, 2023. At least forty-five (45) days before the
12452-resolution described in subsection (a) is voted on by the governing
12453-body, the school corporation shall contact each charter school,
12454-excluding virtual charter schools or adult high schools, disclosed by the
12455-department to the school corporation under subsection (f) to determine
12456-whether the charter school will participate in the referendum. The
12457-notice must include the total amount of the school corporation's
12458-expected need, the corresponding estimate of that amount divided by
12459-the number of students enrolled in the school corporation, and the date
12460-on which the governing body of the school corporation will vote on the
12461-resolution. The charter school must respond in writing to the school
12462-corporation, which may be by electronic mail addressed to the
12463-superintendent of the school corporation, at least fifteen (15) days
12464-SEA 1 — Concur 291
12465-prior to the date that the resolution described in subsection (a) is to be
12466-voted on by the governing body. If the charter school elects to not
12467-participate in the referendum, the school corporation may exclude
12468-distributions to the charter school under section 22 of this chapter and
12469-from the projection described in subsection (d). If the charter school
12470-elects to participate in the referendum, the charter school may receive
12471-distributions under section 22 of this chapter and must be included in
12472-the projection described in subsection (d). In addition, a charter school
12473-that elects to participate in the referendum under this subsection shall
12474-contribute a proportionate share of the cost to conduct the referendum
12475-based on the total combined ADM of the school corporation and any
12476-participating charter schools.
12477-(j) This subsection applies to a resolution described in subsection
12478-(a) for a county described in section 22(a) of this chapter that is
12479-adopted after May 10, 2023. At least thirty (30) days before the
12480-resolution described in subsection (a) referendum submitted to the
12481-voters under this chapter is voted on by the governing body, public in
12482-a primary or general election, the school corporation that is pursuing
12483-the resolution referendum and any charter school that has elected to
12484-participate under subsection (i) shall post a referendum disclosure
12485-statement on each school's respective website that contains the
12486-following information:
12487-(1) The salaries of all employees employed by position within the
12488-school corporation or charter school listed from highest salary to
12489-lowest salary and a link to Gateway Indiana for access to
12490-individual salaries.
12491-(2) An acknowledgment that the school corporation or charter
12492-school is not committing any crime described in IC 35-44.1-1.
12493-(3) A link to the school corporation's or charter school's most
12494-recent state board of accounts audit on the state board of accounts'
12495-website.
12496-(4) The current enrollment of the school corporation or charter
12497-school disaggregated by student group and race.
12498-(5) The school corporation's or charter school's high school
12499-graduation rate.
12500- (6) The school corporation's or charter school's annual retention
12501-rate for teachers for the previous five (5) years.
12502-SECTION 228. IC 20-46-9-9, AS AMENDED BY P.L.189-2023,
12503-SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12504-JANUARY 1, 2026]: Sec. 9. (a) The question to be submitted to the
12505-voters in the referendum must read as follows:
12506-"Shall the school corporation increase property taxes paid to
12507-SEA 1 — Concur 292
12508-schools by homeowners and businesses for _____ (insert number
12509-of years) years immediately following the holding of the
12510-referendum for the purpose of funding ______ (insert short
12511-description of purposes)? If this public question is approved by
12512-the voters, the average property tax paid to schools per year on a
12513-residence would increase by ______% (insert the estimated
12514-average percentage of property tax increase paid to schools on a
12515-residence within the school corporation as determined under
12516-subsection (b)) and the average property tax paid to schools per
12517-year on a business property would increase by ______% (insert
12518-the estimated average percentage of property tax increase paid to
12519-schools on a business property within the school corporation as
12520-determined under subsection (c)). The most recent property tax
12521-referendum proposed by the school corporation was held in
12522-______ (insert year) and ________ (insert whether the measure
12523-passed or failed).".
12524-"Shall ________ (insert the name of the school corporation)
12525-increase property taxes paid to the school corporation for no
12526-more than ______ (insert the number of years immediately
12527-following the holding of the referendum) years for the
12528-purpose of funding _______ (insert a brief description of the
12529-purposes) by imposing a property tax rate that does not
12530-exceed ______ (insert property tax rate) and results in a
12531-maximum annual amount that does not exceed ______ (insert
12532-maximum amount of annual levy). If this school safety
12533-referendum public question is approved by the voters, for a
12534-median residence of ______ (insert the school corporation's
12535-median household assessed value, rounded up to the next fifty
12536-thousand dollars ($50,000)), the property's annual property
12537-tax bill would increase by ______ (insert dollar amount,
12538-rounded up to the next whole dollar) per year. (If, in the
12539-previous five (5) years, the school corporation has conducted
12540-a school safety referendum public question, the following shall
12541-also be included in the ballot language.) The most recent
12542-school safety referendum public question proposed by the
12543-school corporation was held in ______ (insert year) and
12544-______ (insert whether the measure passed or failed).".
12545-(b) At the request of the governing body of a school corporation that
12546-proposes to impose property taxes under this chapter, the county
12547-auditor of the county in which the school corporation is located shall
12548-determine the estimated average percentage of property tax increase on
12549-a homestead to be paid to the school corporation that must be included
12550-SEA 1 — Concur 293
12551-in the public question under subsection (a) as follows:
12552-STEP ONE: Determine the average assessed value of a homestead
12553-located within the school corporation.
12554-STEP TWO: For purposes of determining the net assessed value
12555-of the average homestead located within the school corporation,
12556-subtract:
12557-(A) an amount for the homestead standard deduction under
12558-IC 6-1.1-12-37 as if the homestead described in STEP ONE
12559-was eligible for the deduction; and
12560-(B) an amount for the supplemental homestead deduction
12561-under IC 6-1.1-12-37.5 as if the homestead described in STEP
12562-ONE was eligible for the deduction;
12563-from the result of STEP ONE.
12564-STEP THREE: Divide the result of STEP TWO by one hundred
12565-(100).
12566-STEP FOUR: Determine the overall average tax rate per one
12567-hundred dollars ($100) of assessed valuation for the current year
12568-imposed on property located within the school corporation.
12569-STEP FIVE: For purposes of determining net property tax liability
12570-of the average homestead located within the school corporation:
12571-(A) multiply the result of STEP THREE by the result of STEP
12572-FOUR; and
12573-(B) as appropriate, apply any currently applicable county
12574-property tax credit rates and the credit for excessive property
12575-taxes under IC 6-1.1-20.6-7.5(a)(1).
12576-STEP SIX: Determine the amount of the school corporation's part
12577-of the result determined in STEP FIVE.
12578-STEP SEVEN: Multiply:
12579-(A) the tax rate that will be imposed if the public question is
12580-approved by the voters; by
12581-(B) the result of STEP THREE.
12582-STEP EIGHT: Divide the result of STEP SEVEN by the result of
12583-STEP SIX, expressed as a percentage.
12584-(c) At the request of the governing body of a school corporation that
12585-proposes to impose property taxes under this chapter, the county
12586-auditor of the county in which the school corporation is located shall
12587-determine the estimated average percentage of property tax increase on
12588-a business property to be paid to the school corporation that must be
12589-included in the public question under subsection (a) as follows:
12590-STEP ONE: Determine the average assessed value of business
12591-property located within the school corporation.
12592-STEP TWO: Divide the result of STEP ONE by one hundred
12593-SEA 1 — Concur 294
12594-(100).
12595-STEP THREE: Determine the overall average tax rate per one
12596-hundred dollars ($100) of assessed valuation for the current year
12597-imposed on property located within the school corporation.
12598-STEP FOUR: For purposes of determining net property tax
12599-liability of the average business property located within the school
12600-corporation:
12601-(A) multiply the result of STEP TWO by the result of STEP
12602-THREE; and
12603-(B) as appropriate, apply any currently applicable county
12604-property tax credit rates and the credit for excessive property
12605-taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
12606-was three percent (3%).
12607-STEP FIVE: Determine the amount of the school corporation's
12608-part of the result determined in STEP FOUR.
12609-STEP SIX: Multiply:
12610-(A) the result of STEP TWO; by
12611-(B) the tax rate that will be imposed if the public question is
12612-approved by the voters.
12613-STEP SEVEN: Divide the result of STEP SIX by the result of
12614-STEP FIVE, expressed as a percentage.
12615-(d) The county auditor shall certify the estimated average
12616-percentage of property tax increase on a homestead to be paid to
12617-schools determined under subsection (b), and the estimated average
12618-percentage of property tax increase on a business property to be paid
12619-to schools determined under subsection (c), in a manner prescribed by
12620-the department of local government finance, and provide the
12621-certification to the governing body of the school corporation that
12622-proposes to impose property taxes.
12623-SECTION 229. IC 20-46-9-10, AS AMENDED BY P.L.236-2023,
12624-SECTION 156, IS AMENDED TO READ AS FOLLOWS
12625-[EFFECTIVE JANUARY 1, 2026]: Sec. 10. (a) This section applies
12626-only to a referendum to allow a school corporation to extend a
12627-referendum tax levy.
12628-(b) The question to be submitted to the voters in the referendum
12629-must read as follows:
12630-"Shall the school corporation continue to impose increased
12631-property taxes paid to the school corporation by homeowners and
12632-businesses for _____ (insert number of years) years immediately
12633-following the holding of the referendum for the purpose of
12634-funding ______ (insert short description of purposes)? The
12635-property tax increase requested in this referendum was originally
12636-SEA 1 — Concur 295
12637-approved by the voters in _______ (insert the year in which the
12638-referendum tax levy was approved) and if extended will increase
12639-the average property tax paid to the school corporation per year on
12640-a residence within the school corporation by ______% (insert the
12641-estimated average percentage of property tax increase on a
12642-residence within the school corporation) and if extended will
12643-increase the average property tax paid to the school corporation
12644-per year on a business property within the school corporation by
12645-______% (insert the estimated average percentage of property tax
12646-increase on a business within the school corporation).".
12647-"Shall _______ (insert the name of the school corporation)
12648-continue to increase property taxes paid to the school
12649-corporation for no more than _____ (insert the number of
12650-years immediately following the holding of the referendum)
12651-years for the purpose of funding _____________ (insert brief
12652-description of the purposes) by imposing a property tax rate
12653-that does not exceed ______ (insert property tax rate) and
12654-results in a maximum annual amount that does not exceed
12655-______ (insert maximum amount of annual levy). If this
12656-school safety referendum public question is NOT approved by
12657-the voters, for a median residence of __________ (insert the
12658-school corporation's median household assessed value,
12659-rounded up to the next fifty thousand dollars ($50,000)), the
12660-property's annual tax bill would decrease by ______ (insert
12661-dollar amount, rounded up to the next whole dollar) per year.
12662-If this school safety referendum public question is approved
12663-by the voters, it would be a renewal of the most recent school
12664-safety referendum public question passed in ______ (insert
12665-year the original operating referendum public question
12666-passed) with a property tax rate of ______ (insert property
12667-tax rate of the original school safety referendum public
12668-question).".
12669-(c) The number of years for which a referendum tax levy may be
12670-extended if the public question under this section is approved may not
12671-exceed the number of years for which the expiring referendum tax levy
12672-was imposed.
12673-(d) At the request of the governing body of a school corporation that
12674-proposes to impose property taxes under this chapter, the county
12675-auditor of the county in which the school corporation is located shall
12676-determine the estimated average percentage of property tax increase on
12677-a homestead to be paid to the school corporation that must be included
12678-in the public question under subsection (b) as follows:
12679-SEA 1 — Concur 296
12680-STEP ONE: Determine the average assessed value of a homestead
12681-located within the school corporation.
12682-STEP TWO: For purposes of determining the net assessed value
12683-of the average homestead located within the school corporation,
12684-subtract:
12685-(A) an amount for the homestead standard deduction under
12686-IC 6-1.1-12-37 as if the homestead described in STEP ONE
12687-was eligible for the deduction; and
12688-(B) an amount for the supplemental homestead deduction
12689-under IC 6-1.1-12-37.5 as if the homestead described in STEP
12690-ONE was eligible for the deduction;
12691-from the result of STEP ONE.
12692-STEP THREE: Divide the result of STEP TWO by one hundred
12693-(100).
12694-STEP FOUR: Determine the overall average tax rate per one
12695-hundred dollars ($100) of assessed valuation for the current year
12696-imposed on property located within the school corporation.
12697-STEP FIVE: For purposes of determining net property tax liability
12698-of the average homestead located within the school corporation:
12699-(A) multiply the result of STEP THREE by the result of STEP
12700-FOUR; and
12701-(B) as appropriate, apply any currently applicable county
12702-property tax credit rates and the credit for excessive property
12703-taxes under IC 6-1.1-20.6-7.5(a)(1).
12704-STEP SIX: Determine the amount of the school corporation's part
12705-of the result determined in STEP FIVE.
12706-STEP SEVEN: Multiply:
12707-(A) the tax rate that will be imposed if the public question is
12708-approved by the voters; by
12709-(B) the result of STEP THREE.
12710-STEP EIGHT: Divide the result of STEP SEVEN by the result of
12711-STEP SIX, expressed as a percentage.
12712-(e) At the request of the governing body of a school corporation that
12713-proposes to impose property taxes under this chapter, the county
12714-auditor of the county in which the school corporation is located shall
12715-determine the estimated average percentage of property tax increase on
12716-a business property to be paid to the school corporation that must be
12717-included in the public question under subsection (b) as follows:
12718-STEP ONE: Determine the average assessed value of business
12719-property located within the school corporation.
12720-STEP TWO: Divide the result of STEP ONE by one hundred
12721-(100).
12722-SEA 1 — Concur 297
12723-STEP THREE: Determine the overall average tax rate per one
12724-hundred dollars ($100) of assessed valuation for the current year
12725-imposed on property located within the school corporation.
12726-STEP FOUR: For purposes of determining net property tax
12727-liability of the average business property located within the school
12728-corporation:
12729-(A) multiply the result of STEP TWO by the result of STEP
12730-THREE; and
12731-(B) as appropriate, apply any currently applicable county
12732-property tax credit rates and the credit for excessive property
12733-taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
12734-was three percent (3%).
12735-STEP FIVE: Determine the amount of the school corporation's
12736-part of the result determined in STEP FOUR.
12737-STEP SIX: Multiply:
12738-(A) the result of STEP TWO; by
12739-(B) the tax rate that will be imposed if the public question is
12740-approved by the voters.
12741-STEP SEVEN: Divide the result of STEP SIX by the result of
12742-STEP FIVE, expressed as a percentage.
12743-(f) The county auditor shall certify the estimated average percentage
12744-of property tax increase on a homestead to be paid to the school
12745-corporation determined under subsection (d), and the estimated average
12746-percentage of property tax increase on a business property to be paid
12747-to the school corporation determined under subsection (e), in a manner
12748-prescribed by the department of local government finance, and provide
12749-the certification to the governing body of the school corporation that
12750-proposes to impose property taxes.
12751-SECTION 230. IC 20-46-9-10.5 IS ADDED TO THE INDIANA
12752-CODE AS A NEW SECTION TO READ AS FOLLOWS
12753-[EFFECTIVE JULY 1, 2025]: Sec. 10.5. Each year, the county
12754-auditor, with cooperation from the department of local
12755-government finance, shall determine the tax rate needed to raise
12756-the maximum amount of the annual levy for the year as described
12757-under section 9 or 10 of this chapter, as applicable, and shall
12758-determine all other information needed for the ballot language in
12759-those sections.
12760-SECTION 231. IC 20-46-9-14, AS AMENDED BY P.L.227-2023,
12761-SECTION 136, IS AMENDED TO READ AS FOLLOWS
12762-[EFFECTIVE JULY 1, 2025]: Sec. 14. (a) The referendum shall be
12763-held in the next primary election general election, or municipal election
12764-as provided under IC 3-10-9-3(b), in which all the registered voters
12765-SEA 1 — Concur 298
12766-who are residents of the school corporation are entitled to vote after
12767-certification of the question. under IC 3-10-9-3. The certification of the
12768-question must occur not later than noon
12769-(1) seventy-four (74) days before a primary election if the
12770-question is to be placed on the primary or municipal primary
12771-election ballot; or
12772-(2) August 1. if the question is to be placed on the general or
12773-municipal election ballot.
12774-(b) However, if a primary election, general election, or municipal
12775-election will not be held during the first year in which the public
12776-question is eligible to be placed on the ballot under this chapter and if
12777-the school corporation requests the public question to be placed on the
12778-ballot at a special election, the public question shall be placed on the
12779-ballot at a special election to be held on the first Tuesday after the first
12780-Monday in May or November of the year. The certification must occur
12781-not later than noon:
12782-(1) seventy-four (74) days before a special election to be held in
12783-May (if the special election is to be held in May); or
12784-(2) August 1 (if the special election is to be held in November).
12785-(c) If the referendum is not conducted at a primary election, general
12786-election, or municipal election, the school corporation in which the
12787-referendum is to be held shall pay all the costs of holding the
12788-referendum.
12789-SECTION 232. IC 20-46-9-22, AS ADDED BY P.L.189-2023,
12790-SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12791-JULY 1, 2025]: Sec. 22. (a) This section:
12792-(1) applies to revenue received from a resolution that is approved
12793-by the governing body to impose a referendum levy under section
12794-6 or 7 of this chapter after May 10, 2023, for a school corporation
12795-located in:
12796-(1) (A) Lake County;
12797-(2) (B) Marion County;
12798-(3) (C) St. Joseph County; or
12799-(4) (D) Vanderburgh County;
12800-through the full term of the referendum levy; and
12801-(2) does not apply to revenue received from a referendum levy
12802-if:
12803-(A) the governing body of the school corporation approves
12804-the referendum levy in a resolution adopted under section
12805-6 or 7 of this chapter; and
12806-(B) the referendum levy is imposed for the first time with
12807-property taxes first due and payable in a calendar year
12808-SEA 1 — Concur 299
12809-beginning after December 31, 2027.
12810-(b) The county auditor shall distribute an amount under subsection
12811-(d) to each charter school, excluding virtual charter schools or adult
12812-high schools, that a student who resides within the attendance area of
12813-the school corporation attends if the charter school, excluding virtual
12814-charter schools or adult high schools, elects to participate in the
12815-referendum under section 6(i) of this chapter. The department shall
12816-provide the county auditor with data and information necessary for the
12817-county auditor to determine:
12818-(1) which charter schools, excluding virtual charter schools or
12819-adult high schools, are eligible to receive a distribution under this
12820-section; and
12821-(2) the number of all students who reside within the attendance
12822-area of the school corporation who are included in the ADM for
12823-each charter school, excluding virtual charter schools or adult
12824-high schools, described in subdivision (1).
12825-(c) The following schools are not eligible to receive a distribution
12826-under this section:
12827-(1) A virtual charter school.
12828-(2) An adult high school.
12829-(d) For the purposes of the calculations made in this subsection,
12830-each eligible school that has entered into an agreement with a school
12831-corporation to participate as a participating innovation network charter
12832-school under IC 20-25.7-5 is considered to have an ADM that is
12833-separate from the school corporation. The amount that the county
12834-auditor shall distribute to a charter school, excluding virtual charter
12835-schools or adult high schools, under this section is the amount
12836-determined in the last STEP of the following STEPS:
12837-STEP ONE: Determine, for each charter school, excluding virtual
12838-charter schools or adult high schools, that is eligible to receive a
12839-distribution under this section, the number of students who reside
12840-within the attendance area of the school corporation who are
12841-currently included in the ADM of the charter school.
12842-STEP TWO: Determine the sum of:
12843-(A) the current ADM count for the school corporation; plus
12844-(B) the total number of students who reside within the
12845-attendance area of the school corporation who are currently
12846-included in the ADM of a charter school, excluding virtual
12847-charter schools or adult high schools.
12848-STEP THREE: Determine the result of:
12849-(A) the STEP ONE amount; divided by
12850-(B) the STEP TWO amount.
12851-SEA 1 — Concur 300
12852-STEP FOUR: Determine the result of:
12853-(A) the STEP THREE amount; multiplied by
12854-(B) the amount collected by the county auditor during the most
12855-recent installment period.
12856-(e) If a charter school receives a distribution under this section, the
12857-distribution may be used only for the purposes described in
12858-IC 20-40-20-6(a).
12859-SECTION 233. IC 36-1-8-5.1, AS AMENDED BY P.L.38-2021,
12860-SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12861-JULY 1, 2026]: Sec. 5.1. (a) A political subdivision may establish a
12862-rainy day fund by the adoption of:
12863-(1) an ordinance, in the case of a county, city, or town; or
12864-(2) a resolution, in the case of any other political subdivision.
12865-(b) An ordinance or a resolution adopted under this section must
12866-specify the following:
12867-(1) The purposes of the rainy day fund.
12868-(2) The sources of funding for the rainy day fund, which may
12869-include the following:
12870-(A) Unused and unencumbered funds under
12871-(i) section 5 of this chapter. or
12872-(ii) IC 6-3.6-9-15.
12873-(B) Any other funding source:
12874-(i) specified in the ordinance or resolution adopted under
12875-this section; and
12876-(ii) not otherwise prohibited by law.
12877-(c) The rainy day fund is subject to the same appropriation process
12878-as other funds that receive tax money.
12879-(d) In any fiscal year, a political subdivision may, at any time, do the
12880-following:
12881-(1) Transfer any unused and unencumbered funds specified in
12882-subsection (b)(2)(A) from any fiscal year to the rainy day fund.
12883-(2) Transfer any other unobligated cash balances from any fiscal
12884-year that are not otherwise identified in subsection (b)(2)(A) or
12885-section 5 of this chapter to the rainy day fund as long as the
12886-transfer satisfies the following requirements:
12887-(A) The amount of the transfer is authorized by and identified
12888-in an ordinance or resolution.
12889-(B) The amount of the transfer is not more than:
12890-(i) before January 1, 2021, ten percent (10%);
12891-(ii) after December 31, 2020, and before January 1, 2025,
12892-fifteen percent (15%); and
12893-(iii) after December 31, 2024, ten percent (10%);
12894-SEA 1 — Concur 301
12895-of the political subdivision's total annual budget adopted under
12896-IC 6-1.1-17 for that fiscal year.
12897-(C) The transfer is not made from a debt service fund.
12898-(e) A political subdivision may use only the funding sources
12899-specified in subsection (b)(2)(A) or in the ordinance or resolution
12900-establishing the rainy day fund. The political subdivision may adopt a
12901-subsequent ordinance or resolution authorizing the use of another
12902-funding source.
12903-(f) The department of local government finance may not reduce the
12904-actual or maximum permissible levy of a political subdivision as a
12905-result of a balance in the rainy day fund of the political subdivision.
12906-(g) A county, city, or town may at any time, by ordinance or
12907-resolution, transfer to:
12908-(1) its general fund; or
12909-(2) any other appropriated funds of the county, city, or town;
12910-money that has been deposited in the rainy day fund of the county, city,
12911-or town.
12912-(h) A school corporation may at any time, by resolution, transfer to
12913-its education fund or operations fund money that has been deposited in
12914-its rainy day fund.
12915-SECTION 234. IC 36-7-14-39, AS AMENDED BY P.L.136-2024,
12916-SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12917-JULY 1, 2027]: Sec. 39. (a) As used in this section:
12918-"Allocation area" means that part of a redevelopment project area
12919-to which an allocation provision of a declaratory resolution adopted
12920-under section 15 of this chapter refers for purposes of distribution and
12921-allocation of property taxes.
12922-"Base assessed value" means, subject to subsection (j), the
12923-following:
12924-(1) If an allocation provision is adopted after June 30, 1995, in a
12925-declaratory resolution or an amendment to a declaratory
12926-resolution establishing an economic development area:
12927-(A) the net assessed value of all the property as finally
12928-determined for the assessment date immediately preceding the
12929-effective date of the allocation provision of the declaratory
12930-resolution, as adjusted under subsection (h); plus
12931-(B) to the extent that it is not included in clause (A), the net
12932-assessed value of property that is assessed as residential
12933-property under the rules of the department of local government
12934-finance, within the allocation area, as finally determined for
12935-the current assessment date.
12936-(2) If an allocation provision is adopted after June 30, 1997, in a
12937-SEA 1 — Concur 302
12938-declaratory resolution or an amendment to a declaratory
12939-resolution establishing a redevelopment project area:
12940-(A) the net assessed value of all the property as finally
12941-determined for the assessment date immediately preceding the
12942-effective date of the allocation provision of the declaratory
12943-resolution, as adjusted under subsection (h); plus
12944-(B) to the extent that it is not included in clause (A), the net
12945-assessed value of property that is assessed as residential
12946-property under the rules of the department of local government
12947-finance, as finally determined for the current assessment date.
12948-(3) If:
12949-(A) an allocation provision adopted before June 30, 1995, in
12950-a declaratory resolution or an amendment to a declaratory
12951-resolution establishing a redevelopment project area expires
12952-after June 30, 1997; and
12953-(B) after June 30, 1997, a new allocation provision is included
12954-in an amendment to the declaratory resolution;
12955-the net assessed value of all the property as finally determined for
12956-the assessment date immediately preceding the effective date of
12957-the allocation provision adopted after June 30, 1997, as adjusted
12958-under subsection (h).
12959-(4) Except as provided in subdivision (5), for all other allocation
12960-areas, the net assessed value of all the property as finally
12961-determined for the assessment date immediately preceding the
12962-effective date of the allocation provision of the declaratory
12963-resolution, as adjusted under subsection (h).
12964-(5) If an allocation area established in an economic development
12965-area before July 1, 1995, is expanded after June 30, 1995, the
12966-definition in subdivision (1) applies to the expanded part of the
12967-area added after June 30, 1995.
12968-(6) If an allocation area established in a redevelopment project
12969-area before July 1, 1997, is expanded after June 30, 1997, the
12970-definition in subdivision (2) applies to the expanded part of the
12971-area added after June 30, 1997.
12972-Except as provided in section 39.3 of this chapter, "property taxes"
12973-means taxes imposed under IC 6-1.1 on real property. However, upon
12974-approval by a resolution of the redevelopment commission adopted
12975-before June 1, 1987, "property taxes" also includes taxes imposed
12976-under IC 6-1.1 on depreciable personal property. If a redevelopment
12977-commission adopted before June 1, 1987, a resolution to include within
12978-the definition of property taxes, taxes imposed under IC 6-1.1 on
12979-depreciable personal property that has a useful life in excess of eight
12980-SEA 1 — Concur 303
12981-(8) years, the commission may by resolution determine the percentage
12982-of taxes imposed under IC 6-1.1 on all depreciable personal property
12983-that will be included within the definition of property taxes. However,
12984-the percentage included must not exceed twenty-five percent (25%) of
12985-the taxes imposed under IC 6-1.1 on all depreciable personal property.
12986-(b) A declaratory resolution adopted under section 15 of this chapter
12987-on or before the allocation deadline determined under subsection (i)
12988-may include a provision with respect to the allocation and distribution
12989-of property taxes for the purposes and in the manner provided in this
12990-section. A declaratory resolution previously adopted may include an
12991-allocation provision by the amendment of that declaratory resolution on
12992-or before the allocation deadline determined under subsection (i) in
12993-accordance with the procedures required for its original adoption. A
12994-declaratory resolution or amendment that establishes an allocation
12995-provision must include a specific finding of fact, supported by
12996-evidence, that the adoption of the allocation provision will result in
12997-new property taxes in the area that would not have been generated but
12998-for the adoption of the allocation provision. For an allocation area
12999-established before July 1, 1995, the expiration date of any allocation
13000-provisions for the allocation area is June 30, 2025, or the last date of
13001-any obligations that are outstanding on July 1, 2015, whichever is later.
13002-A declaratory resolution or an amendment that establishes an allocation
13003-provision after June 30, 1995, must specify an expiration date for the
13004-allocation provision. For an allocation area established before July 1,
13005-2008, the expiration date may not be more than thirty (30) years after
13006-the date on which the allocation provision is established. For an
13007-allocation area established after June 30, 2008, the expiration date may
13008-not be more than twenty-five (25) years after the date on which the first
13009-obligation was incurred to pay principal and interest on bonds or lease
13010-rentals on leases payable from tax increment revenues. However, with
13011-respect to bonds or other obligations that were issued before July 1,
13012-2008, if any of the bonds or other obligations that were scheduled when
13013-issued to mature before the specified expiration date and that are
13014-payable only from allocated tax proceeds with respect to the allocation
13015-area remain outstanding as of the expiration date, the allocation
13016-provision does not expire until all of the bonds or other obligations are
13017-no longer outstanding. Notwithstanding any other law, in the case of an
13018-allocation area that is established after June 30, 2019, and that is
13019-located in a redevelopment project area described in section
13020-25.1(c)(3)(C) of this chapter, an economic development area described
13021-in section 25.1(c)(3)(C) of this chapter, or an urban renewal project
13022-area described in section 25.1(c)(3)(C) of this chapter, the expiration
13023-SEA 1 — Concur 304
13024-date of the allocation provision may not be more than thirty-five (35)
13025-years after the date on which the allocation provision is established.
13026-The allocation provision may apply to all or part of the redevelopment
13027-project area. The allocation provision must require that any property
13028-taxes subsequently levied by or for the benefit of any public body
13029-entitled to a distribution of property taxes on taxable property in the
13030-allocation area be allocated and distributed as follows:
13031-(1) Except as otherwise provided in this section, the proceeds of
13032-the taxes attributable to the lesser of:
13033-(A) the assessed value of the property for the assessment date
13034-with respect to which the allocation and distribution is made;
13035-or
13036-(B) the base assessed value;
13037-shall be allocated to and, when collected, paid into the funds of
13038-the respective taxing units.
13039-(2) This subdivision applies to a fire protection territory
13040-established after December 31, 2022. If a unit becomes a
13041-participating unit of a fire protection territory that is established
13042-after a declaratory resolution is adopted under section 15 of this
13043-chapter, the excess of the proceeds of the property taxes
13044-attributable to an increase in the property tax rate for the
13045-participating unit of a fire protection territory:
13046-(A) except as otherwise provided by this subdivision, shall be
13047-determined as follows:
13048-STEP ONE: Divide the unit's tax rate for fire protection for
13049-the year before the establishment of the fire protection
13050-territory by the participating unit's tax rate as part of the fire
13051-protection territory.
13052-STEP TWO: Subtract the STEP ONE amount from one (1).
13053-STEP THREE: Multiply the STEP TWO amount by the
13054-allocated property tax attributable to the participating unit of
13055-the fire protection territory; and
13056-(B) to the extent not otherwise included in subdivisions (1)
13057-and (3), the amount determined under STEP THREE of clause
13058-(A) shall be allocated to and distributed in the form of an
13059-allocated property tax revenue pass back to the participating
13060-unit of the fire protection territory for the assessment date with
13061-respect to which the allocation is made.
13062-However, if the redevelopment commission determines that it is
13063-unable to meet its debt service obligations with regards to the
13064-allocation area without all or part of the allocated property tax
13065-revenue pass back to the participating unit of a fire protection area
13066-SEA 1 — Concur 305
13067-under this subdivision, then the allocated property tax revenue
13068-pass back under this subdivision shall be reduced by the amount
13069-necessary for the redevelopment commission to meet its debt
13070-service obligations of the allocation area. The calculation under
13071-this subdivision must be made by the redevelopment commission
13072-in collaboration with the county auditor and the applicable fire
13073-protection territory. Any calculation determined according to
13074-clause (A) must be submitted to the department of local
13075-government finance in the manner prescribed by the department
13076-of local government finance. The department of local government
13077-finance shall verify the accuracy of each calculation.
13078-(3) The excess of the proceeds of the property taxes imposed for
13079-the assessment date with respect to which the allocation and
13080-distribution is made that are attributable to taxes imposed after
13081-being approved by the voters in a referendum or local public
13082-question conducted after April 30, 2010, not otherwise included
13083-in subdivisions (1) and (2) shall be allocated to and, when
13084-collected, paid into the funds of the taxing unit for which the
13085-referendum or local public question was conducted.
13086-(4) Except as otherwise provided in this section, property tax
13087-proceeds in excess of those described in subdivisions (1), (2), and
13088-(3) shall be allocated to the redevelopment district and, when
13089-collected, paid into an allocation fund for that allocation area that
13090-may be used by the redevelopment district only to do one (1) or
13091-more of the following:
13092-(A) Pay the principal of and interest on any obligations
13093-payable solely from allocated tax proceeds which are incurred
13094-by the redevelopment district for the purpose of financing or
13095-refinancing the redevelopment of that allocation area.
13096-(B) Establish, augment, or restore the debt service reserve for
13097-bonds payable solely or in part from allocated tax proceeds in
13098-that allocation area.
13099-(C) Pay the principal of and interest on bonds payable from
13100-allocated tax proceeds in that allocation area and from the
13101-special tax levied under section 27 of this chapter.
13102-(D) Pay the principal of and interest on bonds issued by the
13103-unit to pay for local public improvements that are physically
13104-located in or physically connected to that allocation area.
13105-(E) Pay premiums on the redemption before maturity of bonds
13106-payable solely or in part from allocated tax proceeds in that
13107-allocation area.
13108-(F) Make payments on leases payable from allocated tax
13109-SEA 1 — Concur 306
13110-proceeds in that allocation area under section 25.2 of this
13111-chapter.
13112-(G) Reimburse the unit for expenditures made by it for local
13113-public improvements (which include buildings, parking
13114-facilities, and other items described in section 25.1(a) of this
13115-chapter) that are physically located in or physically connected
13116-to that allocation area.
13117-(H) Reimburse the unit for rentals paid by it for a building or
13118-parking facility that is physically located in or physically
13119-connected to that allocation area under any lease entered into
13120-under IC 36-1-10.
13121-(I) For property taxes first due and payable before January 1,
13122-2009, pay all or a part of a property tax replacement credit to
13123-taxpayers in an allocation area as determined by the
13124-redevelopment commission. This credit equals the amount
13125-determined under the following STEPS for each taxpayer in a
13126-taxing district (as defined in IC 6-1.1-1-20) that contains all or
13127-part of the allocation area:
13128-STEP ONE: Determine that part of the sum of the amounts
13129-under IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2),
13130-IC 6-1.1-21-2(g)(3), IC 6-1.1-21-2(g)(4), and
13131-IC 6-1.1-21-2(g)(5) (before their repeal) that is attributable to
13132-the taxing district.
13133-STEP TWO: Divide:
13134-(i) that part of each county's eligible property tax
13135-replacement amount (as defined in IC 6-1.1-21-2 (before its
13136-repeal)) for that year as determined under IC 6-1.1-21-4
13137-(before its repeal) that is attributable to the taxing district;
13138-by
13139-(ii) the STEP ONE sum.
13140-STEP THREE: Multiply:
13141-(i) the STEP TWO quotient; times
13142-(ii) the total amount of the taxpayer's taxes (as defined in
13143-IC 6-1.1-21-2 (before its repeal)) levied in the taxing district
13144-that have been allocated during that year to an allocation
13145-fund under this section.
13146-If not all the taxpayers in an allocation area receive the credit
13147-in full, each taxpayer in the allocation area is entitled to
13148-receive the same proportion of the credit. A taxpayer may not
13149-receive a credit under this section and a credit under section
13150-39.5 of this chapter (before its repeal) in the same year.
13151-(J) Pay expenses incurred by the redevelopment commission
13152-SEA 1 — Concur 307
13153-for local public improvements that are in the allocation area or
13154-serving the allocation area. Public improvements include
13155-buildings, parking facilities, and other items described in
13156-section 25.1(a) of this chapter.
13157-(K) Reimburse public and private entities for expenses
13158-incurred in training employees of industrial facilities that are
13159-located:
13160-(i) in the allocation area; and
13161-(ii) on a parcel of real property that has been classified as
13162-industrial property under the rules of the department of local
13163-government finance.
13164-However, the total amount of money spent for this purpose in
13165-any year may not exceed the total amount of money in the
13166-allocation fund that is attributable to property taxes paid by the
13167-industrial facilities described in this clause. The
13168-reimbursements under this clause must be made within three
13169-(3) years after the date on which the investments that are the
13170-basis for the increment financing are made.
13171-(L) Pay the costs of carrying out an eligible efficiency project
13172-(as defined in IC 36-9-41-1.5) within the unit that established
13173-the redevelopment commission. However, property tax
13174-proceeds may be used under this clause to pay the costs of
13175-carrying out an eligible efficiency project only if those
13176-property tax proceeds exceed the amount necessary to do the
13177-following:
13178-(i) Make, when due, any payments required under clauses
13179-(A) through (K), including any payments of principal and
13180-interest on bonds and other obligations payable under this
13181-subdivision, any payments of premiums under this
13182-subdivision on the redemption before maturity of bonds, and
13183-any payments on leases payable under this subdivision.
13184-(ii) Make any reimbursements required under this
13185-subdivision.
13186-(iii) Pay any expenses required under this subdivision.
13187-(iv) Establish, augment, or restore any debt service reserve
13188-under this subdivision.
13189-(M) Expend money and provide financial assistance as
13190-authorized in section 12.2(a)(27) of this chapter.
13191-(N) Expend revenues that are allocated for police and fire
13192-services on both capital expenditures and operating expenses
13193-as authorized in section 12.2(a)(28) of this chapter.
13194-The allocation fund may not be used for operating expenses of the
13195-SEA 1 — Concur 308
13196-commission.
13197-(5) Except as provided in subsection (g), before June 15 of each
13198-year, the commission shall do the following:
13199-(A) Determine the amount, if any, by which the assessed value
13200-of the taxable property in the allocation area for the most
13201-recent assessment date minus the base assessed value, when
13202-multiplied by the estimated tax rate of the allocation area, will
13203-exceed the amount of assessed value needed to produce the
13204-property taxes necessary to make, when due, principal and
13205-interest payments on bonds described in subdivision (4), plus
13206-the amount necessary for other purposes described in
13207-subdivision (4).
13208-(B) Provide a written notice to the county auditor, the fiscal
13209-body of the county or municipality that established the
13210-department of redevelopment, and the officers who are
13211-authorized to fix budgets, tax rates, and tax levies under
13212-IC 6-1.1-17-5 for each of the other taxing units that is wholly
13213-or partly located within the allocation area. The county auditor,
13214-upon receiving the notice, shall forward this notice (in an
13215-electronic format) to the department of local government
13216-finance not later than June 15 of each year. The notice must:
13217-(i) state the amount, if any, of excess assessed value that the
13218-commission has determined may be allocated to the
13219-respective taxing units in the manner prescribed in
13220-subdivision (1); or
13221-(ii) state that the commission has determined that there is no
13222-excess assessed value that may be allocated to the respective
13223-taxing units in the manner prescribed in subdivision (1).
13224-The county auditor shall allocate to the respective taxing units
13225-the amount, if any, of excess assessed value determined by the
13226-commission. The commission may not authorize an allocation
13227-of assessed value to the respective taxing units under this
13228-subdivision if to do so would endanger the interests of the
13229-holders of bonds described in subdivision (4) or lessors under
13230-section 25.3 of this chapter.
13231-(C) If:
13232-(i) the amount of excess assessed value determined by the
13233-commission is expected to generate more than two hundred
13234-percent (200%) of the amount of allocated tax proceeds
13235-necessary to make, when due, principal and interest
13236-payments on bonds described in subdivision (4); plus
13237-(ii) the amount necessary for other purposes described in
13238-SEA 1 — Concur 309
13239-subdivision (4);
13240-the commission shall submit to the legislative body of the unit
13241-its determination of the excess assessed value that the
13242-commission proposes to allocate to the respective taxing units
13243-in the manner prescribed in subdivision (1). The legislative
13244-body of the unit may approve the commission's determination
13245-or modify the amount of the excess assessed value that will be
13246-allocated to the respective taxing units in the manner
13247-prescribed in subdivision (1).
13248-(6) Notwithstanding subdivision (5), in the case of an allocation
13249-area that is established after June 30, 2019, and that is located in
13250-a redevelopment project area described in section 25.1(c)(3)(C)
13251-of this chapter, an economic development area described in
13252-section 25.1(c)(3)(C) of this chapter, or an urban renewal project
13253-area described in section 25.1(c)(3)(C) of this chapter, for each
13254-year the allocation provision is in effect, if the amount of excess
13255-assessed value determined by the commission under subdivision
13256-(5)(A) is expected to generate more than two hundred percent
13257-(200%) of:
13258-(A) the amount of allocated tax proceeds necessary to make,
13259-when due, principal and interest payments on bonds described
13260-in subdivision (4) for the project; plus
13261-(B) the amount necessary for other purposes described in
13262-subdivision (4) for the project;
13263-the amount of the excess assessed value that generates more than
13264-two hundred percent (200%) of the amounts described in clauses
13265-(A) and (B) shall be allocated to the respective taxing units in the
13266-manner prescribed by subdivision (1).
13267-(c) For the purpose of allocating taxes levied by or for any taxing
13268-unit or units, the assessed value of taxable property in a territory in the
13269-allocation area that is annexed by any taxing unit after the effective
13270-date of the allocation provision of the declaratory resolution is the
13271-lesser of:
13272-(1) the assessed value of the property for the assessment date with
13273-respect to which the allocation and distribution is made; or
13274-(2) the base assessed value.
13275-(d) Property tax proceeds allocable to the redevelopment district
13276-under subsection (b)(4) may, subject to subsection (b)(5), be
13277-irrevocably pledged by the redevelopment district for payment as set
13278-forth in subsection (b)(4).
13279-(e) Notwithstanding any other law, each assessor shall, upon
13280-petition of the redevelopment commission, reassess the taxable
13281-SEA 1 — Concur 310
13282-property situated upon or in, or added to, the allocation area, effective
13283-on the next assessment date after the petition.
13284-(f) Notwithstanding any other law, the assessed value of all taxable
13285-property in the allocation area, for purposes of tax limitation, property
13286-tax replacement, and formulation of the budget, tax rate, and tax levy
13287-for each political subdivision in which the property is located is the
13288-lesser of:
13289-(1) the assessed value of the property as valued without regard to
13290-this section; or
13291-(2) the base assessed value.
13292-(g) If any part of the allocation area is located in an enterprise zone
13293-created under IC 5-28-15, the unit that designated the allocation area
13294-shall create funds as specified in this subsection. A unit that has
13295-obligations, bonds, or leases payable from allocated tax proceeds under
13296-subsection (b)(4) shall establish an allocation fund for the purposes
13297-specified in subsection (b)(4) and a special zone fund. Such a unit
13298-shall, until the end of the enterprise zone phase out period, deposit each
13299-year in the special zone fund any amount in the allocation fund derived
13300-from property tax proceeds in excess of those described in subsection
13301-(b)(1), (b)(2), and (b)(3) from property located in the enterprise zone
13302-that exceeds the amount sufficient for the purposes specified in
13303-subsection (b)(4) for the year. The amount sufficient for purposes
13304-specified in subsection (b)(4) for the year shall be determined based on
13305-the pro rata portion of such current property tax proceeds from the part
13306-of the enterprise zone that is within the allocation area as compared to
13307-all such current property tax proceeds derived from the allocation area.
13308-A unit that has no obligations, bonds, or leases payable from allocated
13309-tax proceeds under subsection (b)(4) shall establish a special zone fund
13310-and deposit all the property tax proceeds in excess of those described
13311-in subsection (b)(1), (b)(2), and (b)(3) in the fund derived from
13312-property tax proceeds in excess of those described in subsection (b)(1),
13313-(b)(2), and (b)(3) from property located in the enterprise zone. The unit
13314-that creates the special zone fund shall use the fund (based on the
13315-recommendations of the urban enterprise association) for programs in
13316-job training, job enrichment, and basic skill development that are
13317-designed to benefit residents and employers in the enterprise zone or
13318-other purposes specified in subsection (b)(4), except that where
13319-reference is made in subsection (b)(4) to allocation area it shall refer
13320-for purposes of payments from the special zone fund only to that part
13321-of the allocation area that is also located in the enterprise zone. Those
13322-programs shall reserve at least one-half (1/2) of their enrollment in any
13323-session for residents of the enterprise zone.
13324-SEA 1 — Concur 311
13325-(h) The state board of accounts and department of local government
13326-finance shall make the rules and prescribe the forms and procedures
13327-that they consider expedient for the implementation of this chapter.
13328-After each reassessment in an area under a reassessment plan prepared
13329-under IC 6-1.1-4-4.2, the department of local government finance shall
13330-adjust the base assessed value one (1) time to neutralize any effect of
13331-the reassessment of the real property in the area on the property tax
13332-proceeds allocated to the redevelopment district under this section.
13333-After each annual adjustment under IC 6-1.1-4-4.5, the department of
13334-local government finance shall adjust the base assessed value one (1)
13335-time to neutralize any effect of the annual adjustment on the property
13336-tax proceeds allocated to the redevelopment district under this section.
13337-However, the adjustments under this subsection:
13338-(1) may not include the effect of phasing in assessed value due to
13339-property tax abatements under IC 6-1.1-12.1;
13340-(2) may not produce less property tax proceeds allocable to the
13341-redevelopment district under subsection (b)(4) than would
13342-otherwise have been received if the reassessment under the
13343-reassessment plan or the annual adjustment had not occurred; and
13344-(3) may decrease base assessed value only to the extent that
13345-assessed values in the allocation area have been decreased due to
13346-annual adjustments or the reassessment under the reassessment
13347-plan.
13348-Assessed value increases attributable to the application of an abatement
13349-schedule under IC 6-1.1-12.1 may not be included in the base assessed
13350-value of an allocation area. The department of local government
13351-finance may prescribe procedures for county and township officials to
13352-follow to assist the department in making the adjustments.
13353-(i) The allocation deadline referred to in subsection (b) is
13354-determined in the following manner:
13355-(1) The initial allocation deadline is December 31, 2011.
13356-(2) Subject to subdivision (3), the initial allocation deadline and
13357-subsequent allocation deadlines are automatically extended in
13358-increments of five (5) years, so that allocation deadlines
13359-subsequent to the initial allocation deadline fall on December 31,
13360-2016, and December 31 of each fifth year thereafter.
13361-(3) At least one (1) year before the date of an allocation deadline
13362-determined under subdivision (2), the general assembly may enact
13363-a law that:
13364-(A) terminates the automatic extension of allocation deadlines
13365-under subdivision (2); and
13366-(B) specifically designates a particular date as the final
13367-SEA 1 — Concur 312
13368-allocation deadline.
13369-(j) If a redevelopment commission adopts a declaratory resolution
13370-or an amendment to a declaratory resolution that contains an allocation
13371-provision and the redevelopment commission makes either of the
13372-filings required under section 17(e) of this chapter after the first
13373-anniversary of the effective date of the allocation provision, the auditor
13374-of the county in which the unit is located shall compute the base
13375-assessed value for the allocation area using the assessment date
13376-immediately preceding the later of:
13377-(1) the date on which the documents are filed with the county
13378-auditor; or
13379-(2) the date on which the documents are filed with the department
13380-of local government finance.
13381-(k) For an allocation area established after June 30, 2025,
13382-"residential property" refers to the assessed value of property that is
13383-allocated to the one percent (1%) homestead land and improvement
13384-categories in the county tax and billing software system, along with the
13385-residential assessed value as defined for purposes of calculating the
13386-rate for the local income tax property tax relief credit designated for
13387-residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
13388-SECTION 235. IC 36-7-15.1-26, AS AMENDED BY P.L.174-2022,
13389-SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13390-JULY 1, 2027]: Sec. 26. (a) As used in this section:
13391-"Allocation area" means that part of a redevelopment project area
13392-to which an allocation provision of a resolution adopted under section
13393-8 of this chapter refers for purposes of distribution and allocation of
13394-property taxes.
13395-"Base assessed value" means, subject to subsection (j), the
13396-following:
13397-(1) If an allocation provision is adopted after June 30, 1995, in a
13398-declaratory resolution or an amendment to a declaratory
13399-resolution establishing an economic development area:
13400-(A) the net assessed value of all the property as finally
13401-determined for the assessment date immediately preceding the
13402-effective date of the allocation provision of the declaratory
13403-resolution, as adjusted under subsection (h); plus
13404-(B) to the extent that it is not included in clause (A), the net
13405-assessed value of property that is assessed as residential
13406-property under the rules of the department of local government
13407-finance, within the allocation area, as finally determined for
13408-the current assessment date.
13409-(2) If an allocation provision is adopted after June 30, 1997, in a
13410-SEA 1 — Concur 313
13411-declaratory resolution or an amendment to a declaratory
13412-resolution establishing a redevelopment project area:
13413-(A) the net assessed value of all the property as finally
13414-determined for the assessment date immediately preceding the
13415-effective date of the allocation provision of the declaratory
13416-resolution, as adjusted under subsection (h); plus
13417-(B) to the extent that it is not included in clause (A), the net
13418-assessed value of property that is assessed as residential
13419-property under the rules of the department of local government
13420-finance, within the allocation area, as finally determined for
13421-the current assessment date.
13422-(3) If:
13423-(A) an allocation provision adopted before June 30, 1995, in
13424-a declaratory resolution or an amendment to a declaratory
13425-resolution establishing a redevelopment project area expires
13426-after June 30, 1997; and
13427-(B) after June 30, 1997, a new allocation provision is included
13428-in an amendment to the declaratory resolution;
13429-the net assessed value of all the property as finally determined for
13430-the assessment date immediately preceding the effective date of
13431-the allocation provision adopted after June 30, 1997, as adjusted
13432-under subsection (h).
13433-(4) Except as provided in subdivision (5), for all other allocation
13434-areas, the net assessed value of all the property as finally
13435-determined for the assessment date immediately preceding the
13436-effective date of the allocation provision of the declaratory
13437-resolution, as adjusted under subsection (h).
13438-(5) If an allocation area established in an economic development
13439-area before July 1, 1995, is expanded after June 30, 1995, the
13440-definition in subdivision (1) applies to the expanded part of the
13441-area added after June 30, 1995.
13442-(6) If an allocation area established in a redevelopment project
13443-area before July 1, 1997, is expanded after June 30, 1997, the
13444-definition in subdivision (2) applies to the expanded part of the
13445-area added after June 30, 1997.
13446-Except as provided in section 26.2 of this chapter, "property taxes"
13447-means taxes imposed under IC 6-1.1 on real property. However, upon
13448-approval by a resolution of the redevelopment commission adopted
13449-before June 1, 1987, "property taxes" also includes taxes imposed
13450-under IC 6-1.1 on depreciable personal property. If a redevelopment
13451-commission adopted before June 1, 1987, a resolution to include within
13452-the definition of property taxes, taxes imposed under IC 6-1.1 on
13453-SEA 1 — Concur 314
13454-depreciable personal property that has a useful life in excess of eight
13455-(8) years, the commission may by resolution determine the percentage
13456-of taxes imposed under IC 6-1.1 on all depreciable personal property
13457-that will be included within the definition of property taxes. However,
13458-the percentage included must not exceed twenty-five percent (25%) of
13459-the taxes imposed under IC 6-1.1 on all depreciable personal property.
13460-(b) A resolution adopted under section 8 of this chapter on or before
13461-the allocation deadline determined under subsection (i) may include a
13462-provision with respect to the allocation and distribution of property
13463-taxes for the purposes and in the manner provided in this section. A
13464-resolution previously adopted may include an allocation provision by
13465-the amendment of that resolution on or before the allocation deadline
13466-determined under subsection (i) in accordance with the procedures
13467-required for its original adoption. A declaratory resolution or
13468-amendment that establishes an allocation provision must include a
13469-specific finding of fact, supported by evidence, that the adoption of the
13470-allocation provision will result in new property taxes in the area that
13471-would not have been generated but for the adoption of the allocation
13472-provision. For an allocation area established before July 1, 1995, the
13473-expiration date of any allocation provisions for the allocation area is
13474-June 30, 2025, or the last date of any obligations that are outstanding
13475-on July 1, 2015, whichever is later. However, for an allocation area
13476-identified as the Consolidated Allocation Area in the report submitted
13477-in 2013 to the fiscal body under section 36.3 of this chapter, the
13478-expiration date of any allocation provisions for the allocation area is
13479-January 1, 2051. A declaratory resolution or an amendment that
13480-establishes an allocation provision after June 30, 1995, must specify an
13481-expiration date for the allocation provision. For an allocation area
13482-established before July 1, 2008, the expiration date may not be more
13483-than thirty (30) years after the date on which the allocation provision
13484-is established. For an allocation area established after June 30, 2008,
13485-the expiration date may not be more than twenty-five (25) years after
13486-the date on which the first obligation was incurred to pay principal and
13487-interest on bonds or lease rentals on leases payable from tax increment
13488-revenues. However, with respect to bonds or other obligations that were
13489-issued before July 1, 2008, if any of the bonds or other obligations that
13490-were scheduled when issued to mature before the specified expiration
13491-date and that are payable only from allocated tax proceeds with respect
13492-to the allocation area remain outstanding as of the expiration date, the
13493-allocation provision does not expire until all of the bonds or other
13494-obligations are no longer outstanding. The allocation provision may
13495-apply to all or part of the redevelopment project area. The allocation
13496-SEA 1 — Concur 315
13497-provision must require that any property taxes subsequently levied by
13498-or for the benefit of any public body entitled to a distribution of
13499-property taxes on taxable property in the allocation area be allocated
13500-and distributed as follows:
13501-(1) Except as otherwise provided in this section, the proceeds of
13502-the taxes attributable to the lesser of:
13503-(A) the assessed value of the property for the assessment date
13504-with respect to which the allocation and distribution is made;
13505-or
13506-(B) the base assessed value;
13507-shall be allocated to and, when collected, paid into the funds of
13508-the respective taxing units.
13509-(2) The excess of the proceeds of the property taxes imposed for
13510-the assessment date with respect to which the allocation and
13511-distribution is made that are attributable to taxes imposed after
13512-being approved by the voters in a referendum or local public
13513-question conducted after April 30, 2010, not otherwise included
13514-in subdivision (1) shall be allocated to and, when collected, paid
13515-into the funds of the taxing unit for which the referendum or local
13516-public question was conducted.
13517-(3) Except as otherwise provided in this section, property tax
13518-proceeds in excess of those described in subdivisions (1) and (2)
13519-shall be allocated to the redevelopment district and, when
13520-collected, paid into a special fund for that allocation area that may
13521-be used by the redevelopment district only to do one (1) or more
13522-of the following:
13523-(A) Pay the principal of and interest on any obligations
13524-payable solely from allocated tax proceeds that are incurred by
13525-the redevelopment district for the purpose of financing or
13526-refinancing the redevelopment of that allocation area.
13527-(B) Establish, augment, or restore the debt service reserve for
13528-bonds payable solely or in part from allocated tax proceeds in
13529-that allocation area.
13530-(C) Pay the principal of and interest on bonds payable from
13531-allocated tax proceeds in that allocation area and from the
13532-special tax levied under section 19 of this chapter.
13533-(D) Pay the principal of and interest on bonds issued by the
13534-consolidated city to pay for local public improvements that are
13535-physically located in or physically connected to that allocation
13536-area.
13537-(E) Pay premiums on the redemption before maturity of bonds
13538-payable solely or in part from allocated tax proceeds in that
13539-SEA 1 — Concur 316
13540-allocation area.
13541-(F) Make payments on leases payable from allocated tax
13542-proceeds in that allocation area under section 17.1 of this
13543-chapter.
13544-(G) Reimburse the consolidated city for expenditures for local
13545-public improvements (which include buildings, parking
13546-facilities, and other items set forth in section 17 of this
13547-chapter) that are physically located in or physically connected
13548-to that allocation area.
13549-(H) Reimburse the unit for rentals paid by it for a building or
13550-parking facility that is physically located in or physically
13551-connected to that allocation area under any lease entered into
13552-under IC 36-1-10.
13553-(I) Reimburse public and private entities for expenses incurred
13554-in training employees of industrial facilities that are located:
13555-(i) in the allocation area; and
13556-(ii) on a parcel of real property that has been classified as
13557-industrial property under the rules of the department of local
13558-government finance.
13559-However, the total amount of money spent for this purpose in
13560-any year may not exceed the total amount of money in the
13561-allocation fund that is attributable to property taxes paid by the
13562-industrial facilities described in this clause. The
13563-reimbursements under this clause must be made within three
13564-(3) years after the date on which the investments that are the
13565-basis for the increment financing are made.
13566-(J) Pay the costs of carrying out an eligible efficiency project
13567-(as defined in IC 36-9-41-1.5) within the unit that established
13568-the redevelopment commission. However, property tax
13569-proceeds may be used under this clause to pay the costs of
13570-carrying out an eligible efficiency project only if those
13571-property tax proceeds exceed the amount necessary to do the
13572-following:
13573-(i) Make, when due, any payments required under clauses
13574-(A) through (I), including any payments of principal and
13575-interest on bonds and other obligations payable under this
13576-subdivision, any payments of premiums under this
13577-subdivision on the redemption before maturity of bonds, and
13578-any payments on leases payable under this subdivision.
13579-(ii) Make any reimbursements required under this
13580-subdivision.
13581-(iii) Pay any expenses required under this subdivision.
13582-SEA 1 — Concur 317
13583-(iv) Establish, augment, or restore any debt service reserve
13584-under this subdivision.
13585-(K) Expend money and provide financial assistance as
13586-authorized in section 7(a)(21) of this chapter.
13587-The special fund may not be used for operating expenses of the
13588-commission.
13589-(4) Before June 15 of each year, the commission shall do the
13590-following:
13591-(A) Determine the amount, if any, by which the assessed value
13592-of the taxable property in the allocation area for the most
13593-recent assessment date minus the base assessed value, when
13594-multiplied by the estimated tax rate of the allocation area will
13595-exceed the amount of assessed value needed to provide the
13596-property taxes necessary to make, when due, principal and
13597-interest payments on bonds described in subdivision (3) plus
13598-the amount necessary for other purposes described in
13599-subdivision (3) and subsection (g).
13600-(B) Provide a written notice to the county auditor, the
13601-legislative body of the consolidated city, the officers who are
13602-authorized to fix budgets, tax rates, and tax levies under
13603-IC 6-1.1-17-5 for each of the other taxing units that is wholly
13604-or partly located within the allocation area, and (in an
13605-electronic format) the department of local government finance.
13606-The notice must:
13607-(i) state the amount, if any, of excess assessed value that the
13608-commission has determined may be allocated to the
13609-respective taxing units in the manner prescribed in
13610-subdivision (1); or
13611-(ii) state that the commission has determined that there is no
13612-excess assessed value that may be allocated to the respective
13613-taxing units in the manner prescribed in subdivision (1).
13614-The county auditor shall allocate to the respective taxing units
13615-the amount, if any, of excess assessed value determined by the
13616-commission. The commission may not authorize an allocation
13617-to the respective taxing units under this subdivision if to do so
13618-would endanger the interests of the holders of bonds described
13619-in subdivision (3).
13620-(C) If:
13621-(i) the amount of excess assessed value determined by the
13622-commission is expected to generate more than two hundred
13623-percent (200%) of the amount of allocated tax proceeds
13624-necessary to make, when due, principal and interest
13625-SEA 1 — Concur 318
13626-payments on bonds described in subdivision (3); plus
13627-(ii) the amount necessary for other purposes described in
13628-subdivision (3) and subsection (g);
13629-the commission shall submit to the legislative body of the unit
13630-the commission's determination of the excess assessed value
13631-that the commission proposes to allocate to the respective
13632-taxing units in the manner prescribed in subdivision (1). The
13633-legislative body of the unit may approve the commission's
13634-determination or modify the amount of the excess assessed
13635-value that will be allocated to the respective taxing units in the
13636-manner prescribed in subdivision (1).
13637-(c) For the purpose of allocating taxes levied by or for any taxing
13638-unit or units, the assessed value of taxable property in a territory in the
13639-allocation area that is annexed by any taxing unit after the effective
13640-date of the allocation provision of the resolution is the lesser of:
13641-(1) the assessed value of the property for the assessment date with
13642-respect to which the allocation and distribution is made; or
13643-(2) the base assessed value.
13644-(d) Property tax proceeds allocable to the redevelopment district
13645-under subsection (b)(3) may, subject to subsection (b)(4), be
13646-irrevocably pledged by the redevelopment district for payment as set
13647-forth in subsection (b)(3).
13648-(e) Notwithstanding any other law, each assessor shall, upon
13649-petition of the commission, reassess the taxable property situated upon
13650-or in, or added to, the allocation area, effective on the next assessment
13651-date after the petition.
13652-(f) Notwithstanding any other law, the assessed value of all taxable
13653-property in the allocation area, for purposes of tax limitation, property
13654-tax replacement, and formulation of the budget, tax rate, and tax levy
13655-for each political subdivision in which the property is located is the
13656-lesser of:
13657-(1) the assessed value of the property as valued without regard to
13658-this section; or
13659-(2) the base assessed value.
13660-(g) If any part of the allocation area is located in an enterprise zone
13661-created under IC 5-28-15, the unit that designated the allocation area
13662-shall create funds as specified in this subsection. A unit that has
13663-obligations, bonds, or leases payable from allocated tax proceeds under
13664-subsection (b)(3) shall establish an allocation fund for the purposes
13665-specified in subsection (b)(3) and a special zone fund. Such a unit
13666-shall, until the end of the enterprise zone phase out period, deposit each
13667-year in the special zone fund the amount in the allocation fund derived
13668-SEA 1 — Concur 319
13669-from property tax proceeds in excess of those described in subsection
13670-(b)(1) and (b)(2) from property located in the enterprise zone that
13671-exceeds the amount sufficient for the purposes specified in subsection
13672-(b)(3) for the year. A unit that has no obligations, bonds, or leases
13673-payable from allocated tax proceeds under subsection (b)(3) shall
13674-establish a special zone fund and deposit all the property tax proceeds
13675-in excess of those described in subsection (b)(1) and (b)(2) in the fund
13676-derived from property tax proceeds in excess of those described in
13677-subsection (b)(1) and (b)(2) from property located in the enterprise
13678-zone. The unit that creates the special zone fund shall use the fund,
13679-based on the recommendations of the urban enterprise association, for
13680-one (1) or more of the following purposes:
13681-(1) To pay for programs in job training, job enrichment, and basic
13682-skill development designed to benefit residents and employers in
13683-the enterprise zone. The programs must reserve at least one-half
13684-(1/2) of the enrollment in any session for residents of the
13685-enterprise zone.
13686-(2) To make loans and grants for the purpose of stimulating
13687-business activity in the enterprise zone or providing employment
13688-for enterprise zone residents in the enterprise zone. These loans
13689-and grants may be made to the following:
13690-(A) Businesses operating in the enterprise zone.
13691-(B) Businesses that will move their operations to the enterprise
13692-zone if such a loan or grant is made.
13693-(3) To provide funds to carry out other purposes specified in
13694-subsection (b)(3). However, where reference is made in
13695-subsection (b)(3) to the allocation area, the reference refers for
13696-purposes of payments from the special zone fund only to that part
13697-of the allocation area that is also located in the enterprise zone.
13698-(h) The state board of accounts and department of local government
13699-finance shall make the rules and prescribe the forms and procedures
13700-that they consider expedient for the implementation of this chapter.
13701-After each reassessment under a reassessment plan prepared under
13702-IC 6-1.1-4-4.2, the department of local government finance shall adjust
13703-the base assessed value one (1) time to neutralize any effect of the
13704-reassessment of the real property in the area on the property tax
13705-proceeds allocated to the redevelopment district under this section.
13706-After each annual adjustment under IC 6-1.1-4-4.5, the department of
13707-local government finance shall adjust the base assessed value to
13708-neutralize any effect of the annual adjustment on the property tax
13709-proceeds allocated to the redevelopment district under this section.
13710-However, the adjustments under this subsection may not include the
13711-SEA 1 — Concur 320
13712-effect of property tax abatements under IC 6-1.1-12.1, and these
13713-adjustments may not produce less property tax proceeds allocable to
13714-the redevelopment district under subsection (b)(3) than would
13715-otherwise have been received if the reassessment under the
13716-reassessment plan or annual adjustment had not occurred. The
13717-department of local government finance may prescribe procedures for
13718-county and township officials to follow to assist the department in
13719-making the adjustments.
13720-(i) The allocation deadline referred to in subsection (b) is
13721-determined in the following manner:
13722-(1) The initial allocation deadline is December 31, 2011.
13723-(2) Subject to subdivision (3), the initial allocation deadline and
13724-subsequent allocation deadlines are automatically extended in
13725-increments of five (5) years, so that allocation deadlines
13726-subsequent to the initial allocation deadline fall on December 31,
13727-2016, and December 31 of each fifth year thereafter.
13728-(3) At least one (1) year before the date of an allocation deadline
13729-determined under subdivision (2), the general assembly may enact
13730-a law that:
13731-(A) terminates the automatic extension of allocation deadlines
13732-under subdivision (2); and
13733-(B) specifically designates a particular date as the final
13734-allocation deadline.
13735-(j) If the commission adopts a declaratory resolution or an
13736-amendment to a declaratory resolution that contains an allocation
13737-provision and the commission makes either of the filings required
13738-under section 10(e) of this chapter after the first anniversary of the
13739-effective date of the allocation provision, the auditor of the county in
13740-which the unit is located shall compute the base assessed value for the
13741-allocation area using the assessment date immediately preceding the
13742-later of:
13743-(1) the date on which the documents are filed with the county
13744-auditor; or
13745-(2) the date on which the documents are filed with the department
13746-of local government finance.
13747-(k) For an allocation area established after June 30, 2024,
13748-"residential property" refers to the assessed value of property that is
13749-allocated to the one percent (1%) homestead land and improvement
13750-categories in the county tax and billing software system, along with the
13751-residential assessed value as defined for purposes of calculating the
13752-rate for the local income tax property tax relief credit designated for
13753-residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
13754-SEA 1 — Concur 321
13755-SECTION 236. IC 36-7-15.1-53, AS AMENDED BY P.L.174-2022,
13756-SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13757-JULY 1, 2027]: Sec. 53. (a) As used in this section:
13758-"Allocation area" means that part of a redevelopment project area
13759-to which an allocation provision of a resolution adopted under section
13760-40 of this chapter refers for purposes of distribution and allocation of
13761-property taxes.
13762-"Base assessed value" means, subject to subsection (j):
13763-(1) the net assessed value of all the property as finally determined
13764-for the assessment date immediately preceding the effective date
13765-of the allocation provision of the declaratory resolution, as
13766-adjusted under subsection (h); plus
13767-(2) to the extent that it is not included in subdivision (1), the net
13768-assessed value of property that is assessed as residential property
13769-under the rules of the department of local government finance, as
13770-finally determined for the current assessment date.
13771-Except as provided in section 55 of this chapter, "property taxes"
13772-means taxes imposed under IC 6-1.1 on real property.
13773-(b) A resolution adopted under section 40 of this chapter on or
13774-before the allocation deadline determined under subsection (i) may
13775-include a provision with respect to the allocation and distribution of
13776-property taxes for the purposes and in the manner provided in this
13777-section. A resolution previously adopted may include an allocation
13778-provision by the amendment of that resolution on or before the
13779-allocation deadline determined under subsection (i) in accordance with
13780-the procedures required for its original adoption. A declaratory
13781-resolution or an amendment that establishes an allocation provision
13782-must be approved by resolution of the legislative body of the excluded
13783-city and must specify an expiration date for the allocation provision.
13784-For an allocation area established before July 1, 2008, the expiration
13785-date may not be more than thirty (30) years after the date on which the
13786-allocation provision is established. For an allocation area established
13787-after June 30, 2008, the expiration date may not be more than
13788-twenty-five (25) years after the date on which the first obligation was
13789-incurred to pay principal and interest on bonds or lease rentals on
13790-leases payable from tax increment revenues. However, with respect to
13791-bonds or other obligations that were issued before July 1, 2008, if any
13792-of the bonds or other obligations that were scheduled when issued to
13793-mature before the specified expiration date and that are payable only
13794-from allocated tax proceeds with respect to the allocation area remain
13795-outstanding as of the expiration date, the allocation provision does not
13796-expire until all of the bonds or other obligations are no longer
13797-SEA 1 — Concur 322
13798-outstanding. The allocation provision may apply to all or part of the
13799-redevelopment project area. The allocation provision must require that
13800-any property taxes subsequently levied by or for the benefit of any
13801-public body entitled to a distribution of property taxes on taxable
13802-property in the allocation area be allocated and distributed as follows:
13803-(1) Except as otherwise provided in this section, the proceeds of
13804-the taxes attributable to the lesser of:
13805-(A) the assessed value of the property for the assessment date
13806-with respect to which the allocation and distribution is made;
13807-or
13808-(B) the base assessed value;
13809-shall be allocated to and, when collected, paid into the funds of
13810-the respective taxing units.
13811-(2) The excess of the proceeds of the property taxes imposed for
13812-the assessment date with respect to which the allocation and
13813-distribution is made that are attributable to taxes imposed after
13814-being approved by the voters in a referendum or local public
13815-question conducted after April 30, 2010, not otherwise included
13816-in subdivision (1) shall be allocated to and, when collected, paid
13817-into the funds of the taxing unit for which the referendum or local
13818-public question was conducted.
13819-(3) Except as otherwise provided in this section, property tax
13820-proceeds in excess of those described in subdivisions (1) and (2)
13821-shall be allocated to the redevelopment district and, when
13822-collected, paid into a special fund for that allocation area that may
13823-be used by the redevelopment district only to do one (1) or more
13824-of the following:
13825-(A) Pay the principal of and interest on any obligations
13826-payable solely from allocated tax proceeds that are incurred by
13827-the redevelopment district for the purpose of financing or
13828-refinancing the redevelopment of that allocation area.
13829-(B) Establish, augment, or restore the debt service reserve for
13830-bonds payable solely or in part from allocated tax proceeds in
13831-that allocation area.
13832-(C) Pay the principal of and interest on bonds payable from
13833-allocated tax proceeds in that allocation area and from the
13834-special tax levied under section 50 of this chapter.
13835-(D) Pay the principal of and interest on bonds issued by the
13836-excluded city to pay for local public improvements that are
13837-physically located in or physically connected to that allocation
13838-area.
13839-(E) Pay premiums on the redemption before maturity of bonds
13840-SEA 1 — Concur 323
13841-payable solely or in part from allocated tax proceeds in that
13842-allocation area.
13843-(F) Make payments on leases payable from allocated tax
13844-proceeds in that allocation area under section 46 of this
13845-chapter.
13846-(G) Reimburse the excluded city for expenditures for local
13847-public improvements (which include buildings, park facilities,
13848-and other items set forth in section 45 of this chapter) that are
13849-physically located in or physically connected to that allocation
13850-area.
13851-(H) Reimburse the unit for rentals paid by it for a building or
13852-parking facility that is physically located in or physically
13853-connected to that allocation area under any lease entered into
13854-under IC 36-1-10.
13855-(I) Reimburse public and private entities for expenses incurred
13856-in training employees of industrial facilities that are located:
13857-(i) in the allocation area; and
13858-(ii) on a parcel of real property that has been classified as
13859-industrial property under the rules of the department of local
13860-government finance.
13861-However, the total amount of money spent for this purpose in
13862-any year may not exceed the total amount of money in the
13863-allocation fund that is attributable to property taxes paid by the
13864-industrial facilities described in this clause. The
13865-reimbursements under this clause must be made within three
13866-(3) years after the date on which the investments that are the
13867-basis for the increment financing are made.
13868-The special fund may not be used for operating expenses of the
13869-commission.
13870-(4) Before June 15 of each year, the commission shall do the
13871-following:
13872-(A) Determine the amount, if any, by which the assessed value
13873-of the taxable property in the allocation area for the most
13874-recent assessment date minus the base assessed value, when
13875-multiplied by the estimated tax rate of the allocation area, will
13876-exceed the amount of assessed value needed to provide the
13877-property taxes necessary to make, when due, principal and
13878-interest payments on bonds described in subdivision (3) plus
13879-the amount necessary for other purposes described in
13880-subdivision (3) and subsection (g).
13881-(B) Provide a written notice to the county auditor, the fiscal
13882-body of the county or municipality that established the
13883-SEA 1 — Concur 324
13884-department of redevelopment, the officers who are authorized
13885-to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for
13886-each of the other taxing units that is wholly or partly located
13887-within the allocation area, and (in an electronic format) the
13888-department of local government finance. The notice must:
13889-(i) state the amount, if any, of excess assessed value that the
13890-commission has determined may be allocated to the
13891-respective taxing units in the manner prescribed in
13892-subdivision (1); or
13893-(ii) state that the commission has determined that there is no
13894-excess assessed value that may be allocated to the respective
13895-taxing units in the manner prescribed in subdivision (1).
13896-The county auditor shall allocate to the respective taxing units
13897-the amount, if any, of excess assessed value determined by the
13898-commission. The commission may not authorize an allocation
13899-to the respective taxing units under this subdivision if to do so
13900-would endanger the interests of the holders of bonds described
13901-in subdivision (3).
13902-(c) For the purpose of allocating taxes levied by or for any taxing
13903-unit or units, the assessed value of taxable property in a territory in the
13904-allocation area that is annexed by any taxing unit after the effective
13905-date of the allocation provision of the resolution is the lesser of:
13906-(1) the assessed value of the property for the assessment date with
13907-respect to which the allocation and distribution is made; or
13908-(2) the base assessed value.
13909-(d) Property tax proceeds allocable to the redevelopment district
13910-under subsection (b)(3) may, subject to subsection (b)(4), be
13911-irrevocably pledged by the redevelopment district for payment as set
13912-forth in subsection (b)(3).
13913-(e) Notwithstanding any other law, each assessor shall, upon
13914-petition of the commission, reassess the taxable property situated upon
13915-or in, or added to, the allocation area, effective on the next assessment
13916-date after the petition.
13917-(f) Notwithstanding any other law, the assessed value of all taxable
13918-property in the allocation area, for purposes of tax limitation, property
13919-tax replacement, and formulation of the budget, tax rate, and tax levy
13920-for each political subdivision in which the property is located, is the
13921-lesser of:
13922-(1) the assessed value of the property as valued without regard to
13923-this section; or
13924-(2) the base assessed value.
13925-(g) If any part of the allocation area is located in an enterprise zone
13926-SEA 1 — Concur 325
13927-created under IC 5-28-15, the unit that designated the allocation area
13928-shall create funds as specified in this subsection. A unit that has
13929-obligations, bonds, or leases payable from allocated tax proceeds under
13930-subsection (b)(3) shall establish an allocation fund for the purposes
13931-specified in subsection (b)(3) and a special zone fund. Such a unit
13932-shall, until the end of the enterprise zone phase out period, deposit each
13933-year in the special zone fund the amount in the allocation fund derived
13934-from property tax proceeds in excess of those described in subsection
13935-(b)(1) and (b)(2) from property located in the enterprise zone that
13936-exceeds the amount sufficient for the purposes specified in subsection
13937-(b)(3) for the year. A unit that has no obligations, bonds, or leases
13938-payable from allocated tax proceeds under subsection (b)(3) shall
13939-establish a special zone fund and deposit all the property tax proceeds
13940-in excess of those described in subsection (b)(1) and (b)(2) in the fund
13941-derived from property tax proceeds in excess of those described in
13942-subsection (b)(1) and (b)(2) from property located in the enterprise
13943-zone. The unit that creates the special zone fund shall use the fund,
13944-based on the recommendations of the urban enterprise association, for
13945-one (1) or more of the following purposes:
13946-(1) To pay for programs in job training, job enrichment, and basic
13947-skill development designed to benefit residents and employers in
13948-the enterprise zone. The programs must reserve at least one-half
13949-(1/2) of the enrollment in any session for residents of the
13950-enterprise zone.
13951-(2) To make loans and grants for the purpose of stimulating
13952-business activity in the enterprise zone or providing employment
13953-for enterprise zone residents in an enterprise zone. These loans
13954-and grants may be made to the following:
13955-(A) Businesses operating in the enterprise zone.
13956-(B) Businesses that will move their operations to the enterprise
13957-zone if such a loan or grant is made.
13958-(3) To provide funds to carry out other purposes specified in
13959-subsection (b)(3). However, where reference is made in
13960-subsection (b)(3) to the allocation area, the reference refers, for
13961-purposes of payments from the special zone fund, only to that part
13962-of the allocation area that is also located in the enterprise zone.
13963-(h) The state board of accounts and department of local government
13964-finance shall make the rules and prescribe the forms and procedures
13965-that they consider expedient for the implementation of this chapter.
13966-After each reassessment of real property in an area under a county's
13967-reassessment plan prepared under IC 6-1.1-4-4.2, the department of
13968-local government finance shall adjust the base assessed value one (1)
13969-SEA 1 — Concur 326
13970-time to neutralize any effect of the reassessment of the real property in
13971-the area on the property tax proceeds allocated to the redevelopment
13972-district under this section. After each annual adjustment under
13973-IC 6-1.1-4-4.5, the department of local government finance shall adjust
13974-the base assessed value to neutralize any effect of the annual
13975-adjustment on the property tax proceeds allocated to the redevelopment
13976-district under this section. However, the adjustments under this
13977-subsection may not include the effect of property tax abatements under
13978-IC 6-1.1-12.1, and these adjustments may not produce less property tax
13979-proceeds allocable to the redevelopment district under subsection
13980-(b)(3) than would otherwise have been received if the reassessment
13981-under the county's reassessment plan or annual adjustment had not
13982-occurred. The department of local government finance may prescribe
13983-procedures for county and township officials to follow to assist the
13984-department in making the adjustments.
13985-(i) The allocation deadline referred to in subsection (b) is
13986-determined in the following manner:
13987-(1) The initial allocation deadline is December 31, 2011.
13988-(2) Subject to subdivision (3), the initial allocation deadline and
13989-subsequent allocation deadlines are automatically extended in
13990-increments of five (5) years, so that allocation deadlines
13991-subsequent to the initial allocation deadline fall on December 31,
13992-2016, and December 31 of each fifth year thereafter.
13993-(3) At least one (1) year before the date of an allocation deadline
13994-determined under subdivision (2), the general assembly may enact
13995-a law that:
13996-(A) terminates the automatic extension of allocation deadlines
13997-under subdivision (2); and
13998-(B) specifically designates a particular date as the final
13999-allocation deadline.
14000-(j) If the commission adopts a declaratory resolution or an
14001-amendment to a declaratory resolution that contains an allocation
14002-provision and the commission makes either of the filings required
14003-under section 10(e) of this chapter after the first anniversary of the
14004-effective date of the allocation provision, the auditor of the county in
14005-which the unit is located shall compute the base assessed value for the
14006-allocation area using the assessment date immediately preceding the
14007-later of:
14008-(1) the date on which the documents are filed with the county
14009-auditor; or
14010-(2) the date on which the documents are filed with the department
14011-of local government finance.
14012-SEA 1 — Concur 327
14013-(k) For an allocation area established after June 30, 2024,
14014-"residential property" refers to the assessed value of property that is
14015-allocated to the one percent (1%) homestead land and improvement
14016-categories in the county tax and billing software system, along with the
14017-residential assessed value as defined for purposes of calculating the
14018-rate for the local income tax property tax relief credit designated for
14019-residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
14020-SECTION 237. IC 36-7-30-25, AS AMENDED BY P.L.174-2022,
14021-SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14022-JULY 1, 2027]: Sec. 25. (a) The following definitions apply throughout
14023-this section:
14024-(1) "Allocation area" means that part of a military base reuse area
14025-to which an allocation provision of a declaratory resolution
14026-adopted under section 10 of this chapter refers for purposes of
14027-distribution and allocation of property taxes.
14028-(2) "Base assessed value" means, subject to subsection (i):
14029-(A) the net assessed value of all the property as finally
14030-determined for the assessment date immediately preceding the
14031-adoption date of the allocation provision of the declaratory
14032-resolution, as adjusted under subsection (h); plus
14033-(B) to the extent that it is not included in clause (A) or (C), the
14034-net assessed value of any and all parcels or classes of parcels
14035-identified as part of the base assessed value in the declaratory
14036-resolution or an amendment thereto, as finally determined for
14037-any subsequent assessment date; plus
14038-(C) to the extent that it is not included in clause (A) or (B), the
14039-net assessed value of property that is assessed as residential
14040-property under the rules of the department of local government
14041-finance, within the allocation area, as finally determined for
14042-the current assessment date.
14043-Clause (C) applies only to allocation areas established in a
14044-military reuse area after June 30, 1997, and to the part of an
14045-allocation area that was established before June 30, 1997, and that
14046-is added to an existing allocation area after June 30, 1997.
14047-(3) "Property taxes" means taxes imposed under IC 6-1.1 on real
14048-property.
14049-(b) A declaratory resolution adopted under section 10 of this chapter
14050-before the date set forth in IC 36-7-14-39(b) pertaining to declaratory
14051-resolutions adopted under IC 36-7-14-15 may include a provision with
14052-respect to the allocation and distribution of property taxes for the
14053-purposes and in the manner provided in this section. A declaratory
14054-resolution previously adopted may include an allocation provision by
14055-SEA 1 — Concur 328
14056-the amendment of that declaratory resolution in accordance with the
14057-procedures set forth in section 13 of this chapter. The allocation
14058-provision may apply to all or part of the military base reuse area. The
14059-allocation provision must require that any property taxes subsequently
14060-levied by or for the benefit of any public body entitled to a distribution
14061-of property taxes on taxable property in the allocation area be allocated
14062-and distributed as follows:
14063-(1) Except as otherwise provided in this section, the proceeds of
14064-the taxes attributable to the lesser of:
14065-(A) the assessed value of the property for the assessment date
14066-with respect to which the allocation and distribution is made;
14067-or
14068-(B) the base assessed value;
14069-shall be allocated to and, when collected, paid into the funds of
14070-the respective taxing units.
14071-(2) The excess of the proceeds of the property taxes imposed for
14072-the assessment date with respect to which the allocation and
14073-distribution are made that are attributable to taxes imposed after
14074-being approved by the voters in a referendum or local public
14075-question conducted after April 30, 2010, not otherwise included
14076-in subdivision (1) shall be allocated to and, when collected, paid
14077-into the funds of the taxing unit for which the referendum or local
14078-public question was conducted.
14079-(3) Except as otherwise provided in this section, property tax
14080-proceeds in excess of those described in subdivisions (1) and (2)
14081-shall be allocated to the military base reuse district and, when
14082-collected, paid into an allocation fund for that allocation area that
14083-may be used by the military base reuse district and only to do one
14084-(1) or more of the following:
14085-(A) Pay the principal of and interest and redemption premium
14086-on any obligations incurred by the military base reuse district
14087-or any other entity for the purpose of financing or refinancing
14088-military base reuse activities in or directly serving or
14089-benefiting that allocation area.
14090-(B) Establish, augment, or restore the debt service reserve for
14091-bonds payable solely or in part from allocated tax proceeds in
14092-that allocation area or from other revenues of the reuse
14093-authority, including lease rental revenues.
14094-(C) Make payments on leases payable solely or in part from
14095-allocated tax proceeds in that allocation area.
14096-(D) Reimburse any other governmental body for expenditures
14097-made for local public improvements (or structures) in or
14098-SEA 1 — Concur 329
14099-directly serving or benefiting that allocation area.
14100-(E) Pay expenses incurred by the reuse authority, any other
14101-department of the unit, or a department of another
14102-governmental entity for local public improvements or
14103-structures that are in the allocation area or directly serving or
14104-benefiting the allocation area, including expenses for the
14105-operation and maintenance of these local public improvements
14106-or structures if the reuse authority determines those operation
14107-and maintenance expenses are necessary or desirable to carry
14108-out the purposes of this chapter.
14109-(F) Reimburse public and private entities for expenses
14110-incurred in training employees of industrial facilities that are
14111-located:
14112-(i) in the allocation area; and
14113-(ii) on a parcel of real property that has been classified as
14114-industrial property under the rules of the department of local
14115-government finance.
14116-However, the total amount of money spent for this purpose in
14117-any year may not exceed the total amount of money in the
14118-allocation fund that is attributable to property taxes paid by the
14119-industrial facilities described in this clause. The
14120-reimbursements under this clause must be made not more than
14121-three (3) years after the date on which the investments that are
14122-the basis for the increment financing are made.
14123-(G) Expend money and provide financial assistance as
14124-authorized in section 9(a)(25) of this chapter.
14125-Except as provided in clause (E), the allocation fund may not be
14126-used for operating expenses of the reuse authority.
14127-(4) Except as provided in subsection (g), before July 15 of each
14128-year the reuse authority shall do the following:
14129-(A) Determine the amount, if any, by which property taxes
14130-payable to the allocation fund in the following year will exceed
14131-the amount of property taxes necessary to make, when due,
14132-principal and interest payments on bonds described in
14133-subdivision (3) plus the amount necessary for other purposes
14134-described in subdivision (3).
14135-(B) Provide a written notice to the county auditor, the fiscal
14136-body of the unit that established the reuse authority, and the
14137-officers who are authorized to fix budgets, tax rates, and tax
14138-levies under IC 6-1.1-17-5 for each of the other taxing units
14139-that is wholly or partly located within the allocation area. The
14140-notice must:
14141-SEA 1 — Concur 330
14142-(i) state the amount, if any, of excess property taxes that the
14143-reuse authority has determined may be paid to the respective
14144-taxing units in the manner prescribed in subdivision (1); or
14145-(ii) state that the reuse authority has determined that there
14146-are no excess property tax proceeds that may be allocated to
14147-the respective taxing units in the manner prescribed in
14148-subdivision (1).
14149-The county auditor shall allocate to the respective taxing units
14150-the amount, if any, of excess property tax proceeds determined
14151-by the reuse authority. The reuse authority may not authorize
14152-a payment to the respective taxing units under this subdivision
14153-if to do so would endanger the interest of the holders of bonds
14154-described in subdivision (3) or lessors under section 19 of this
14155-chapter.
14156-(c) For the purpose of allocating taxes levied by or for any taxing
14157-unit or units, the assessed value of taxable property in a territory in the
14158-allocation area that is annexed by a taxing unit after the effective date
14159-of the allocation provision of the declaratory resolution is the lesser of:
14160-(1) the assessed value of the property for the assessment date with
14161-respect to which the allocation and distribution is made; or
14162-(2) the base assessed value.
14163-(d) Property tax proceeds allocable to the military base reuse district
14164-under subsection (b)(3) may, subject to subsection (b)(4), be
14165-irrevocably pledged by the military base reuse district for payment as
14166-set forth in subsection (b)(3).
14167-(e) Notwithstanding any other law, each assessor shall, upon
14168-petition of the reuse authority, reassess the taxable property situated
14169-upon or in or added to the allocation area, effective on the next
14170-assessment date after the petition.
14171-(f) Notwithstanding any other law, the assessed value of all taxable
14172-property in the allocation area, for purposes of tax limitation, property
14173-tax replacement, and the making of the budget, tax rate, and tax levy
14174-for each political subdivision in which the property is located is the
14175-lesser of:
14176-(1) the assessed value of the property as valued without regard to
14177-this section; or
14178-(2) the base assessed value.
14179-(g) If any part of the allocation area is located in an enterprise zone
14180-created under IC 5-28-15, the unit that designated the allocation area
14181-shall create funds as specified in this subsection. A unit that has
14182-obligations, bonds, or leases payable from allocated tax proceeds under
14183-subsection (b)(3) shall establish an allocation fund for the purposes
14184-SEA 1 — Concur 331
14185-specified in subsection (b)(3) and a special zone fund. Such a unit
14186-shall, until the end of the enterprise zone phase out period, deposit each
14187-year in the special zone fund any amount in the allocation fund derived
14188-from property tax proceeds in excess of those described in subsection
14189-(b)(1) and (b)(2) from property located in the enterprise zone that
14190-exceeds the amount sufficient for the purposes specified in subsection
14191-(b)(3) for the year. The amount sufficient for purposes specified in
14192-subsection (b)(3) for the year shall be determined based on the pro rata
14193-part of such current property tax proceeds from the part of the
14194-enterprise zone that is within the allocation area as compared to all
14195-such current property tax proceeds derived from the allocation area. A
14196-unit that does not have obligations, bonds, or leases payable from
14197-allocated tax proceeds under subsection (b)(3) shall establish a special
14198-zone fund and deposit all the property tax proceeds in excess of those
14199-described in subsection (b)(1) and (b)(2) that are derived from property
14200-in the enterprise zone in the fund. The unit that creates the special zone
14201-fund shall use the fund (based on the recommendations of the urban
14202-enterprise association) for programs in job training, job enrichment,
14203-and basic skill development that are designed to benefit residents and
14204-employers in the enterprise zone or other purposes specified in
14205-subsection (b)(3), except that where reference is made in subsection
14206-(b)(3) to allocation area it shall refer for purposes of payments from the
14207-special zone fund only to that part of the allocation area that is also
14208-located in the enterprise zone. The programs shall reserve at least
14209-one-half (1/2) of their enrollment in any session for residents of the
14210-enterprise zone.
14211-(h) After each reassessment of real property in an area under the
14212-county's reassessment plan under IC 6-1.1-4-4.2, the department of
14213-local government finance shall adjust the base assessed value one (1)
14214-time to neutralize any effect of the reassessment of the real property in
14215-the area on the property tax proceeds allocated to the military base
14216-reuse district under this section. After each annual adjustment under
14217-IC 6-1.1-4-4.5, the department of local government finance shall adjust
14218-the base assessed value to neutralize any effect of the annual
14219-adjustment on the property tax proceeds allocated to the military base
14220-reuse district under this section. However, the adjustments under this
14221-subsection may not include the effect of property tax abatements under
14222-IC 6-1.1-12.1, and these adjustments may not produce less property tax
14223-proceeds allocable to the military base reuse district under subsection
14224-(b)(3) than would otherwise have been received if the reassessment
14225-under the county's reassessment plan or annual adjustment had not
14226-occurred. The department of local government finance may prescribe
14227-SEA 1 — Concur 332
14228-procedures for county and township officials to follow to assist the
14229-department in making the adjustments.
14230-(i) If the reuse authority adopts a declaratory resolution or an
14231-amendment to a declaratory resolution that contains an allocation
14232-provision and the reuse authority makes either of the filings required
14233-under section 12(c) or 13(f) of this chapter after the first anniversary of
14234-the effective date of the allocation provision, the auditor of the county
14235-in which the military base reuse district is located shall compute the
14236-base assessed value for the allocation area using the assessment date
14237-immediately preceding the later of:
14238-(1) the date on which the documents are filed with the county
14239-auditor; or
14240-(2) the date on which the documents are filed with the department
14241-of local government finance.
14242-(j) For an allocation area established after June 30, 2024,
14243-"residential property" refers to the assessed value of property that is
14244-allocated to the one percent (1%) homestead land and improvement
14245-categories in the county tax and billing software system, along with the
14246-residential assessed value as defined for purposes of calculating the
14247-rate for the local income tax property tax relief credit designated for
14248-residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
14249-SECTION 238. IC 36-7-30.5-30, AS AMENDED BY P.L.174-2022,
14250-SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14251-JULY 1, 2027]: Sec. 30. (a) The following definitions apply throughout
14252-this section:
14253-(1) "Allocation area" means that part of a military base
14254-development area to which an allocation provision of a
14255-declaratory resolution adopted under section 16 of this chapter
14256-refers for purposes of distribution and allocation of property taxes.
14257-(2) "Base assessed value" means, subject to subsection (i):
14258-(A) the net assessed value of all the property as finally
14259-determined for the assessment date immediately preceding the
14260-adoption date of the allocation provision of the declaratory
14261-resolution, as adjusted under subsection (h); plus
14262-(B) to the extent that it is not included in clause (A) or (C), the
14263-net assessed value of any and all parcels or classes of parcels
14264-identified as part of the base assessed value in the declaratory
14265-resolution or an amendment to the declaratory resolution, as
14266-finally determined for any subsequent assessment date; plus
14267-(C) to the extent that it is not included in clause (A) or (B), the
14268-net assessed value of property that is assessed as residential
14269-property under the rules of the department of local government
14270-SEA 1 — Concur 333
14271-finance, within the allocation area, as finally determined for
14272-the current assessment date.
14273-(3) "Property taxes" means taxes imposed under IC 6-1.1 on real
14274-property.
14275-(b) A declaratory resolution adopted under section 16 of this chapter
14276-before the date set forth in IC 36-7-14-39(b) pertaining to declaratory
14277-resolutions adopted under IC 36-7-14-15 may include a provision with
14278-respect to the allocation and distribution of property taxes for the
14279-purposes and in the manner provided in this section. A declaratory
14280-resolution previously adopted may include an allocation provision by
14281-the amendment of that declaratory resolution in accordance with the
14282-procedures set forth in section 18 of this chapter. The allocation
14283-provision may apply to all or part of the military base development
14284-area. The allocation provision must require that any property taxes
14285-subsequently levied by or for the benefit of any public body entitled to
14286-a distribution of property taxes on taxable property in the allocation
14287-area be allocated and distributed as follows:
14288-(1) Except as otherwise provided in this section, the proceeds of
14289-the taxes attributable to the lesser of:
14290-(A) the assessed value of the property for the assessment date
14291-with respect to which the allocation and distribution is made;
14292-or
14293-(B) the base assessed value;
14294-shall be allocated to and, when collected, paid into the funds of
14295-the respective taxing units.
14296-(2) The excess of the proceeds of the property taxes imposed for
14297-the assessment date with respect to which the allocation and
14298-distribution is made that are attributable to taxes imposed after
14299-being approved by the voters in a referendum or local public
14300-question conducted after April 30, 2010, not otherwise included
14301-in subdivision (1) shall be allocated to and, when collected, paid
14302-into the funds of the taxing unit for which the referendum or local
14303-public question was conducted.
14304-(3) Except as otherwise provided in this section, property tax
14305-proceeds in excess of those described in subdivisions (1) and (2)
14306-shall be allocated to the development authority and, when
14307-collected, paid into an allocation fund for that allocation area that
14308-may be used by the development authority and only to do one (1)
14309-or more of the following:
14310-(A) Pay the principal of and interest and redemption premium
14311-on any obligations incurred by the development authority or
14312-any other entity for the purpose of financing or refinancing
14313-SEA 1 — Concur 334
14314-military base development or reuse activities in or directly
14315-serving or benefiting that allocation area.
14316-(B) Establish, augment, or restore the debt service reserve for
14317-bonds payable solely or in part from allocated tax proceeds in
14318-that allocation area or from other revenues of the development
14319-authority, including lease rental revenues.
14320-(C) Make payments on leases payable solely or in part from
14321-allocated tax proceeds in that allocation area.
14322-(D) Reimburse any other governmental body for expenditures
14323-made for local public improvements (or structures) in or
14324-directly serving or benefiting that allocation area.
14325-(E) For property taxes first due and payable before 2009, pay
14326-all or a part of a property tax replacement credit to taxpayers
14327-in an allocation area as determined by the development
14328-authority. This credit equals the amount determined under the
14329-following STEPS for each taxpayer in a taxing district (as
14330-defined in IC 6-1.1-1-20) that contains all or part of the
14331-allocation area:
14332-STEP ONE: Determine that part of the sum of the amounts
14333-under IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2),
14334-IC 6-1.1-21-2(g)(3), IC 6-1.1-21-2(g)(4), and
14335-IC 6-1.1-21-2(g)(5) (before their repeal) that is attributable to
14336-the taxing district.
14337-STEP TWO: Divide:
14338-(i) that part of each county's eligible property tax
14339-replacement amount (as defined in IC 6-1.1-21-2 (before its
14340-repeal)) for that year as determined under IC 6-1.1-21-4
14341-(before its repeal) that is attributable to the taxing district;
14342-by
14343-(ii) the STEP ONE sum.
14344-STEP THREE: Multiply:
14345-(i) the STEP TWO quotient; by
14346-(ii) the total amount of the taxpayer's taxes (as defined in
14347-IC 6-1.1-21-2 (before its repeal)) levied in the taxing district
14348-that have been allocated during that year to an allocation
14349-fund under this section.
14350-If not all the taxpayers in an allocation area receive the credit
14351-in full, each taxpayer in the allocation area is entitled to
14352-receive the same proportion of the credit. A taxpayer may not
14353-receive a credit under this section and a credit under section
14354-32 of this chapter (before its repeal) in the same year.
14355-(F) Pay expenses incurred by the development authority for
14356-SEA 1 — Concur 335
14357-local public improvements or structures that were in the
14358-allocation area or directly serving or benefiting the allocation
14359-area.
14360-(G) Reimburse public and private entities for expenses
14361-incurred in training employees of industrial facilities that are
14362-located:
14363-(i) in the allocation area; and
14364-(ii) on a parcel of real property that has been classified as
14365-industrial property under the rules of the department of local
14366-government finance.
14367-However, the total amount of money spent for this purpose in
14368-any year may not exceed the total amount of money in the
14369-allocation fund that is attributable to property taxes paid by the
14370-industrial facilities described in this clause. The
14371-reimbursements under this clause must be made not more than
14372-three (3) years after the date on which the investments that are
14373-the basis for the increment financing are made.
14374-(H) Expend money and provide financial assistance as
14375-authorized in section 15(26) of this chapter.
14376-The allocation fund may not be used for operating expenses of the
14377-development authority.
14378-(4) Except as provided in subsection (g), before July 15 of each
14379-year the development authority shall do the following:
14380-(A) Determine the amount, if any, by which property taxes
14381-payable to the allocation fund in the following year will exceed
14382-the amount of property taxes necessary to make, when due,
14383-principal and interest payments on bonds described in
14384-subdivision (3) plus the amount necessary for other purposes
14385-described in subdivisions (2) and (3).
14386-(B) Provide a written notice to the appropriate county auditors
14387-and the fiscal bodies and other officers who are authorized to
14388-fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for
14389-each of the other taxing units that is wholly or partly located
14390-within the allocation area. The notice must:
14391-(i) state the amount, if any, of the excess property taxes that
14392-the development authority has determined may be paid to
14393-the respective taxing units in the manner prescribed in
14394-subdivision (1); or
14395-(ii) state that the development authority has determined that
14396-there is no excess assessed value that may be allocated to the
14397-respective taxing units in the manner prescribed in
14398-subdivision (1).
14399-SEA 1 — Concur 336
14400-The county auditors shall allocate to the respective taxing units
14401-the amount, if any, of excess assessed value determined by the
14402-development authority. The development authority may not
14403-authorize a payment to the respective taxing units under this
14404-subdivision if to do so would endanger the interest of the
14405-holders of bonds described in subdivision (3) or lessors under
14406-section 24 of this chapter. Property taxes received by a taxing
14407-unit under this subdivision before 2009 are eligible for the
14408-property tax replacement credit provided under IC 6-1.1-21
14409-(before its repeal).
14410-(c) For the purpose of allocating taxes levied by or for any taxing
14411-unit or units, the assessed value of taxable property in a territory in the
14412-allocation area that is annexed by a taxing unit after the effective date
14413-of the allocation provision of the declaratory resolution is the lesser of:
14414-(1) the assessed value of the property for the assessment date with
14415-respect to which the allocation and distribution is made; or
14416-(2) the base assessed value.
14417-(d) Property tax proceeds allocable to the military base development
14418-district under subsection (b)(3) may, subject to subsection (b)(4), be
14419-irrevocably pledged by the military base development district for
14420-payment as set forth in subsection (b)(3).
14421-(e) Notwithstanding any other law, each assessor shall, upon
14422-petition of the development authority, reassess the taxable property
14423-situated upon or in or added to the allocation area, effective on the next
14424-assessment date after the petition.
14425-(f) Notwithstanding any other law, the assessed value of all taxable
14426-property in the allocation area, for purposes of tax limitation, property
14427-tax replacement, and the making of the budget, tax rate, and tax levy
14428-for each political subdivision in which the property is located is the
14429-lesser of:
14430-(1) the assessed value of the property as valued without regard to
14431-this section; or
14432-(2) the base assessed value.
14433-(g) If any part of the allocation area is located in an enterprise zone
14434-created under IC 5-28-15, the development authority shall create funds
14435-as specified in this subsection. A development authority that has
14436-obligations, bonds, or leases payable from allocated tax proceeds under
14437-subsection (b)(3) shall establish an allocation fund for the purposes
14438-specified in subsection (b)(3) and a special zone fund. The
14439-development authority shall, until the end of the enterprise zone phase
14440-out period, deposit each year in the special zone fund any amount in the
14441-allocation fund derived from property tax proceeds in excess of those
14442-SEA 1 — Concur 337
14443-described in subsection (b)(1) and (b)(2) from property located in the
14444-enterprise zone that exceeds the amount sufficient for the purposes
14445-specified in subsection (b)(3) for the year. The amount sufficient for
14446-purposes specified in subsection (b)(3) for the year shall be determined
14447-based on the pro rata part of such current property tax proceeds from
14448-the part of the enterprise zone that is within the allocation area as
14449-compared to all such current property tax proceeds derived from the
14450-allocation area. A development authority that does not have
14451-obligations, bonds, or leases payable from allocated tax proceeds under
14452-subsection (b)(3) shall establish a special zone fund and deposit all the
14453-property tax proceeds in excess of those described in subsection (b)(1)
14454-and (b)(2) that are derived from property in the enterprise zone in the
14455-fund. The development authority that creates the special zone fund
14456-shall use the fund (based on the recommendations of the urban
14457-enterprise association) for programs in job training, job enrichment,
14458-and basic skill development that are designed to benefit residents and
14459-employers in the enterprise zone or for other purposes specified in
14460-subsection (b)(3), except that where reference is made in subsection
14461-(b)(3) to an allocation area it shall refer for purposes of payments from
14462-the special zone fund only to that part of the allocation area that is also
14463-located in the enterprise zone. The programs shall reserve at least
14464-one-half (1/2) of their enrollment in any session for residents of the
14465-enterprise zone.
14466-(h) After each reassessment of real property in an area under a
14467-reassessment plan prepared under IC 6-1.1-4-4.2, the department of
14468-local government finance shall adjust the base assessed value one (1)
14469-time to neutralize any effect of the reassessment of the real property in
14470-the area on the property tax proceeds allocated to the military base
14471-development district under this section. After each annual adjustment
14472-under IC 6-1.1-4-4.5, the department of local government finance shall
14473-adjust the base assessed value to neutralize any effect of the annual
14474-adjustment on the property tax proceeds allocated to the military base
14475-development district under this section. However, the adjustments
14476-under this subsection may not include the effect of property tax
14477-abatements under IC 6-1.1-12.1, and these adjustments may not
14478-produce less property tax proceeds allocable to the military base
14479-development district under subsection (b)(3) than would otherwise
14480-have been received if the reassessment under the county's reassessment
14481-plan or annual adjustment had not occurred. The department of local
14482-government finance may prescribe procedures for county and township
14483-officials to follow to assist the department in making the adjustments.
14484-(i) If the development authority adopts a declaratory resolution or
14485-SEA 1 — Concur 338
14486-an amendment to a declaratory resolution that contains an allocation
14487-provision and the development authority makes either of the filings
14488-required under section 17(e) or 18(f) of this chapter after the first
14489-anniversary of the effective date of the allocation provision, the auditor
14490-of the county in which the military base development district is located
14491-shall compute the base assessed value for the allocation area using the
14492-assessment date immediately preceding the later of:
14493-(1) the date on which the documents are filed with the county
14494-auditor; or
14495-(2) the date on which the documents are filed with the department
14496-of local government finance.
14497-(j) For an allocation area established after June 30, 2024,
14498-"residential property" refers to the assessed value of property that is
14499-allocated to the one percent (1%) homestead land and improvement
14500-categories in the county tax and billing software system, along with the
14501-residential assessed value as defined for purposes of calculating the
14502-rate for the local income tax property tax relief credit designated for
14503-residential property under IC 6-3.6-5-6(d)(3) (before its expiration).
14504-SECTION 239. IC 36-7.5-4-2.5, AS ADDED BY P.L.189-2018,
14505-SECTION 173, IS AMENDED TO READ AS FOLLOWS
14506-[EFFECTIVE JULY 1, 2027]: Sec. 2.5. (a) This section applies to a
14507-unit that has previously:
14508-(1) entered into an interlocal cooperation or other similar
14509-agreement;
14510-(2) adopted an ordinance or resolution; or
14511-(3) taken any other action offering to support and finance:
14512-(A) a rail project or rail projects under this chapter; or
14513-(B) the double tracking project under IC 36-7.5-4.5.
14514-(b) The unit may use any legally available revenue to support and
14515-finance the projects described in subsection (a)(3), including additional
14516-revenue general purpose revenue allocated each year for economic
14517-development under IC 6-3.6-6-9. IC 6-3.6-6.
14518-(c) Additional revenue allocated for economic development to
14519-support and finance the projects under this section shall be paid by the
14520-treasurer of state to the treasurer of the northwest Indiana regional
14521-development authority under section 2 of this chapter before certified
14522-distributions are made to the county or any civil taxing unit in the
14523-county or counties in which the unit is located.
14524-(d) A transfer made on behalf of a unit under subsection (c) after
14525-December 31, 2018, is considered to be a payment for services
14526-provided to residents by a rail project as those services are rendered.
14527-(e) A pledge by the development authority of transferred revenue
14528-SEA 1 — Concur 339
14529-under this section to the payment of bonds, leases, or obligations under
14530-this article or IC 5-1.3:
14531-(1) constitutes the obligations of the northwest Indiana regional
14532-development authority; and
14533-(2) does not constitute an indebtedness of:
14534-(A) a unit described in this section; or
14535-(B) the state;
14536-within the meaning or application of any constitutional or
14537-statutory provision or limitation.
14538-(f) Neither the transfer of revenue nor the pledge of revenue
14539-transferred under this section is an impairment of contract within the
14540-meaning or application of any constitutional provision or limitation
14541-because of the following:
14542-(1) The statutes governing local income taxes, including the
14543-transferred revenue, have been the subject of legislation annually
14544-since 1973, and during that time the statutes have been revised,
14545-amended, expanded, limited, and recodified dozens of times.
14546-(2) Owners of bonds, leases, or other obligations to which local
14547-income tax revenues have been pledged recognize that the
14548-regulation of local income taxes has been extensive and
14549-consistent.
14550-(3) All bonds, leases, or other obligations, due to their essential
14551-contractual nature, are subject to relevant state and federal law
14552-that is enacted after the date of a contract.
14553-(4) The state of Indiana has a legitimate interest in assisting the
14554-northwest Indiana regional development authority in financing
14555-rail projects.
14556-(g) All proceedings had and actions described in this section are
14557-valid pledges under IC 5-1-14-4 as of the date of those proceedings or
14558-actions and are hereby legalized and declared valid if taken before
14559-March 15, 2018.
14560-SECTION 240. IC 36-8-19-7, AS AMENDED BY P.L.95-2022,
14561-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14562-JANUARY 1, 2025 (RETROACTIVE)]: Sec. 7. (a) Subject to
14563-subsection (d), a tax levied under this chapter may be levied at:
14564-(1) a uniform rate upon all taxable property within the territory;
14565-or
14566-(2) different rates for the participating units included within the
14567-territory, so long as a tax rate applies uniformly to all of a unit's
14568-or fire protection district's taxable property within the territory.
14569-(b) If a uniform tax rate is levied upon all taxable property within a
14570-territory upon the formation of the territory, different tax rates may be
14571-SEA 1 — Concur 340
14572-levied for the participating units included within the territory in
14573-subsequent years.
14574-(c) This subsection applies to a territory established by an ordinance
14575-or a resolution adopted under this chapter after December 31, 2022. A
14576-total tax rate levied under this chapter upon taxable property within a
14577-territory upon the formation of the territory may be implemented over
14578-a number of years, not exceeding five (5), and in a manner subject to
14579-review and approval by the department of local government finance.
14580-(d) This subsection applies to a territory established by an
14581-ordinance or a resolution adopted under this chapter after
14582-December 31, 2024. The provider unit and each participating unit
14583-in a territory may not impose a tax rate on the unit's or fire
14584-protection district's taxable property within the territory that
14585-exceeds forty cents ($0.40) per one hundred dollars ($100) of
14586-assessed valuation.
14587-SECTION 241. IC 36-8-19-7.5, AS AMENDED BY P.L.38-2021,
14588-SECTION 100, IS AMENDED TO READ AS FOLLOWS
14589-[EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 7.5. (a)
14590-This section applies to:
14591-(1) local income tax distributions; and
14592-(2) excise tax distributions;
14593-made after December 31, 2009.
14594-(b) Except as provided in subsection (c), for purposes of allocating
14595-local income tax distributions that are based on a taxing unit's
14596-allocation amount before January 1, 2028, or that an adopting body
14597-allocates under IC 6-3.6-6 to economic development before January
14598-1, 2028, or excise tax distributions that are distributed based on the
14599-amount of a taxing unit's property tax levies, each participating unit in
14600-a territory is considered to have imposed a part of the property tax levy
14601-imposed for the territory. The part of the property tax levy imposed for
14602-the territory for a particular year that shall be attributed to a
14603-participating unit is equal to the amount determined in the following
14604-STEPS:
14605-STEP ONE: Determine the total amount of all property taxes
14606-imposed by the participating unit in the year before the year in
14607-which a property tax levy was first imposed for the territory.
14608-STEP TWO: Determine the sum of the STEP ONE amounts for
14609-all participating units.
14610-STEP THREE: Divide the STEP ONE result by the STEP TWO
14611-result.
14612-STEP FOUR: Multiply the STEP THREE result by the property
14613-tax levy imposed for the territory for the particular year.
14614-SEA 1 — Concur 341
14615-(c) This subsection applies to a determination under subsection (b)
14616-made in calendar years 2018, 2019, and 2020. The department of local
14617-government finance may, for distributions made in calendar year 2022,
14618-adjust the allocation amount determined under subsection (b) to correct
14619-for any clerical or mathematical errors made in any determination for
14620-calendar year 2018, 2019, or 2020, as applicable, including the
14621-allocation amount for any taxing unit whose distribution was affected
14622-by the clerical or mathematical error in those years. The department of
14623-local government finance may apply the adjustment to the allocation
14624-amount for a taxing unit over a period not to exceed ten (10) years in
14625-order to offset the effect of the adjustment on the distribution.
14626-(d) This subsection applies to a territory established by an
14627-ordinance or a resolution adopted under this chapter after
14628-December 31, 2024. Before additional revenue from a local income
14629-tax rate may be allocated to the provider unit of a new territory
14630-due to an increased property tax levy resulting from the
14631-establishment of the territory, the county fiscal body must adopt an
14632-ordinance or resolution approving the allocation.
14633-SECTION 242. IC 36-8-19-8, AS AMENDED BY P.L.236-2023,
14634-SECTION 209, IS AMENDED TO READ AS FOLLOWS
14635-[EFFECTIVE JULY 1, 2027]: Sec. 8. (a) Upon the adoption of
14636-identical ordinances or resolutions, or both, by the participating units
14637-under section 6 of this chapter, the designated provider unit must
14638-establish a fire protection territory fund from which all expenses of
14639-operating and maintaining the fire protection services within the
14640-territory, including repairs, fees, salaries, depreciation on all
14641-depreciable assets, rents, supplies, contingencies, and all other
14642-expenses lawfully incurred within the territory shall be paid. The
14643-purposes described in this subsection are the sole purposes of the fund,
14644-and money in the fund may not be used for any other expenses. Except
14645-as allowed in subsections (d) and (e) and section 8.5 of this chapter, the
14646-provider unit is not authorized to transfer money out of the fund at any
14647-time.
14648-(b) The fund consists of the following:
14649-(1) All receipts from the tax imposed under this section.
14650-(2) Any money transferred to the fund by the provider unit as
14651-authorized under subsection (d).
14652-(3) Any receipts from a false alarm fee or service charge imposed
14653-by the participating units under IC 36-8-13-4.
14654-(4) Any money transferred to the fund by a participating unit
14655-under section 8.6 of this chapter.
14656-(5) Any receipts from a distribution made under IC 6-3.6-6-8(d),
14657-SEA 1 — Concur 342
14658-IC 6-3.6-6-8(b), which shall be deposited in the fund.
14659-(c) The provider unit, with the assistance of each of the other
14660-participating units, shall annually budget the necessary money to meet
14661-the expenses of operation and maintenance of the fire protection
14662-services within the territory. The provider unit may maintain a
14663-reasonable balance, not to exceed one hundred twenty percent (120%)
14664-of the budgeted expenses. Except as provided in IC 6-1.1-18.5-10.5,
14665-and subject to section 7(c) of this chapter, after estimating expenses
14666-and receipts of money, the provider unit shall establish the tax levy
14667-required to fund the estimated budget. Subject to IC 6-1.1-18.5-10.5(c),
14668-the amount budgeted under this subsection shall be considered a part
14669-of each of the participating unit's budget.
14670-(d) If the amount levied in a particular year is insufficient to cover
14671-the costs incurred in providing fire protection services within the
14672-territory, the provider unit may transfer from available sources to the
14673-fire protection territory fund the money needed to cover those costs. In
14674-this case:
14675-(1) the levy in the following year shall be increased by the amount
14676-required to be transferred; and
14677-(2) the provider unit is entitled to transfer the amount described
14678-in subdivision (1) from the fund as reimbursement to the provider
14679-unit.
14680-(e) If the amount levied in a particular year exceeds the amount
14681-necessary to cover the costs incurred in providing fire protection
14682-services within the territory, the levy in the following year shall be
14683-reduced by the amount of surplus money that is not transferred to the
14684-equipment replacement fund established under section 8.5 of this
14685-chapter. The amount that may be transferred to the equipment
14686-replacement fund may not exceed five percent (5%) of the levy for that
14687-fund for that year. Each participating unit must agree to the amount to
14688-be transferred by adopting an ordinance (if the unit is a county or
14689-municipality) or a resolution (if the unit is a township) that specifies an
14690-identical amount to be transferred.
14691-(f) The tax under this section is subject to the tax levy limitations
14692-imposed under IC 6-1.1-18.5-10.5.
14693-SECTION 243. [EFFECTIVE JANUARY 1, 2025
14694-(RETROACTIVE)] (a) IC 6-1.1-51.3, as added by this act, applies to
14695-property taxes imposed for assessment dates on or after January
14696-1, 2025.
14697-(b) This SECTION expires June 30, 2029.
14698-SECTION 244. [EFFECTIVE JANUARY 1, 2025
14699-(RETROACTIVE)] (a) IC 6-1.1-4-4.5 and IC 6-1.1-20.6-8.5, both as
14700-SEA 1 — Concur 343
14701-amended by this act, apply to assessment dates occurring after
14702-December 31, 2024, for property taxes first due and payable in
14703-2026.
14704-(b) This SECTION expires June 30, 2029.
14705-SECTION 245. [EFFECTIVE JANUARY 1, 2026] (a)
14706-IC 6-1.1-18.5-12 and IC 6-1.1-18.5-13, both as amended by this act,
14707-apply to property tax levies after December 31, 2025.
14708-(b) IC 6-1.1-18.5-12 and IC 6-1.1-18.5-13, before their
14709-amendment by this act, apply to property tax levies for 2025.
14710-(c) This SECTION expires January 1, 2030.
14711-SECTION 246. [EFFECTIVE JUNE 30, 2027] (a) Notwithstanding
14712-the July 1, 2027, effective date for IC 6-3.6-6-0.5, IC 6-3.6-6-4.3,
14713-IC 6-3.6-6-4.5, and IC 6-3.6-6-6.1, all as added by this act; the July
14714-1, 2027, effective date for IC 6-3.6-6-2, IC 6-3.6-6-3, IC 6-3.6-6-4,
14715-IC 6-3.6-6-8, IC 6-3.6-6-8.5, IC 6-3.6-6-9.5, IC 6-3.6-6-17,
14716-IC 6-3.6-6-18, IC 6-3.6-6-19, and IC 6-3.6-6-21, all as amended by
14717-this act; and the July 1, 2027, or January 1, 2028, repeal of
14718-IC 6-3.6-6-2.5, IC 6-3.6-6-2.6, IC 6-3.6-6-2.7, IC 6-3.6-6-2.8,
14719-IC 6-3.6-6-2.9, IC 6-3.6-6-9, IC 6-3.6-6-10, IC 6-3.6-6-11,
14720-IC 6-3.6-6-12, IC 6-3.6-6-14, IC 6-3.6-6-15, IC 6-3.6-6-16, and
14721-IC 6-3.6-6-20, all as repealed by this act; the method used to
14722-determine the amount of a particular distribution of revenue
14723-before July 1, 2027, shall continue to be used for these
14724-determinations for all of 2027.
14725-(b) Notwithstanding the adoption of different tax rates by a
14726-county applicable after 2027 or the adoption of municipal tax rates
14727-under IC 6-3.6-6-22, as added by this act, applicable after 2027, or
14728-any other provision of law, the certified distribution methodology
14729-calculation for local income tax distributions made in 2027 shall
14730-continue for local income tax distributions made in 2028 and 2029
14731-to account for the transition to any new tax rates.
14732-(c) This SECTION expires June 30, 2030.
14733-SECTION 247. [EFFECTIVE JUNE 30, 2027] (a) As used in this
14734-SECTION, "local income tax council" means a local income tax
14735-council established under IC 6-3.6-3-1, before its amendment by
14736-this act.
14737-(b) On July 1, 2027, all powers, duties, and authorities of a local
14738-income tax council are transferred to the fiscal body of the county
14739-in which it is located.
14740-(c) An ordinance adopted by a local income tax council under
14741-IC 6-3.6 before July 1, 2027, continues in effect after June 30, 2027,
14742-and is valid and binding until it is rescinded or otherwise amended
14743-SEA 1 — Concur 344
14744-by the county fiscal body.
14745-(d) On or before July 1, 2027, all records and property under
14746-the control of a local income tax council shall be transferred to the
14747-fiscal body of the county in which it is located.
14748-(e) After June 30, 2027, a reference to a local income tax council
14749-in any statute, rule, or other document is considered a reference to
14750-the county fiscal body.
14751-(f) This SECTION expires June 30, 2030.
14752-SECTION 248. An emergency is declared for this act.
14753-SEA 1 — Concur President of the Senate
14754-President Pro Tempore
14755-Speaker of the House of Representatives
14756-Governor of the State of Indiana
14757-Date: Time:
14758-SEA 1 — Concur
15142+the county".
15143+Page 287, line 39, delete "spring" and insert "fall".
15144+Page 288, line 3, delete "ensuing" and insert "current".
15145+Page 288, delete lines 39 through 42.
15146+Page 289, delete line 1.
15147+Page 289, line 2, delete "(2)" and insert "(1)".
15148+Page 289, line 7, delete "(3) and insert "(2)".
15149+Page 291, line 28, delete "spring" and insert "fall".
15150+Page 291, line 34, delete "ensuing" and insert "current".
15151+ES 1—LS 7244/DI 120 351
15152+Renumber all SECTIONS consecutively.
15153+(Reference is to ESB 1 as printed April 7, 2025.)
15154+THOMPSON
15155+ES 1—LS 7244/DI 120