15 | | - | SECTION 1. IC 3-10-9-3, AS AMENDED BY P.L.225-2011, |
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16 | | - | SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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17 | | - | JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b), if a |
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18 | | - | local public question must be certified to an election board by law, that |
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19 | | - | certification must occur no later than noon: |
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20 | | - | (1) seventy-four (74) days before a primary election if the public |
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21 | | - | question is to be placed on the primary or municipal primary |
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22 | | - | election ballot; or |
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23 | | - | (2) August 1 if the public question is to be placed on the general |
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24 | | - | or municipal election ballot. |
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25 | | - | (b) A referendum or local public question: |
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26 | | - | (1) under IC 20-46-1; |
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27 | | - | (2) under IC 20-46-9; or |
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28 | | - | (3) under IC 6-1.1-20 for controlled projects; |
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29 | | - | may be placed on the ballot only at a general election. Certification |
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30 | | - | of a local public question under this subsection must occur not |
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31 | | - | later than noon August 1. |
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32 | | - | SECTION 2. IC 5-1-14-14, AS AMENDED BY P.L.197-2016, |
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33 | | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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34 | | - | JULY 1, 2027]: Sec. 14. (a) Notwithstanding any other law, a |
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35 | | - | municipality may sell the municipality's interest in any notes payable |
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36 | | - | to the municipality at a negotiated sale. |
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37 | | - | SEA 1 — Concur 2 |
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38 | | - | (b) A county or municipality may establish a revolving fund from |
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39 | | - | grants, the revenue received by the county or municipality under |
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40 | | - | IC 6-3.6-9 and allocated for economic development purposes, under |
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41 | | - | IC 6-3.6-6-9, the proceeds of the sale of notes, or the proceeds of bonds |
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42 | | - | issued under this section and IC 36-9-32. The county or municipality |
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43 | | - | may loan the money in the revolving fund to any borrower if the county |
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44 | | - | or municipal fiscal body finds that the loan will be used by the |
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45 | | - | borrower for one (1) or more of the following economic development |
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46 | | - | purposes: |
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47 | | - | (1) Promoting significant opportunities for the gainful |
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48 | | - | employment of the county's or municipality's residents. |
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49 | | - | (2) Attracting a major new business enterprise to the county or |
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50 | | - | municipality. |
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51 | | - | (3) Retaining or expanding a significant business enterprise in the |
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52 | | - | county or municipality. |
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53 | | - | (c) Activities that may be undertaken by the borrower in carrying |
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54 | | - | out an economic development purpose include expenditures for any of |
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55 | | - | the following: |
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56 | | - | (1) Acquisition of land. |
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57 | | - | (2) Acquisition of property interests. |
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58 | | - | (3) Site improvements. |
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59 | | - | (4) Infrastructure improvements. |
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60 | | - | (5) Buildings. |
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61 | | - | (6) Structures. |
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62 | | - | (7) Rehabilitation, renovation, or enlargement of buildings or |
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63 | | - | structures. |
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64 | | - | (8) Machinery. |
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65 | | - | (9) Equipment. |
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66 | | - | (10) Furnishings. |
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67 | | - | (d) Local governmental entities may borrow under subsection (b) if |
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68 | | - | the local governmental entity's jurisdiction includes the geographic area |
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69 | | - | within the boundaries of the county or municipality that established the |
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70 | | - | revolving fund. Notwithstanding any other law, the following |
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71 | | - | provisions apply to the borrowing: |
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72 | | - | (1) The county or municipality that established the revolving fund |
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73 | | - | and the local governmental entity borrower may each authorize |
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74 | | - | the loan from the revolving fund and the issuance of notes |
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75 | | - | evidencing the loan by resolution. In each case, the resolution |
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76 | | - | shall be adopted by the body with control over fiscal matters. |
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77 | | - | (2) A resolution adopted under subdivision (1) must approve: |
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78 | | - | (A) the term of the loan; |
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79 | | - | (B) the interest rate; |
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80 | | - | SEA 1 — Concur 3 |
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81 | | - | (C) the form of the note or notes; |
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82 | | - | (D) the medium of payment; |
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83 | | - | (E) the place and manner of payment; |
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84 | | - | (F) the manner of execution of the note or notes; |
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85 | | - | (G) the terms of redemption; |
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86 | | - | (H) the funds or sources of funds from which the note or notes |
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87 | | - | are payable, which may be any funds and sources of funds |
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88 | | - | available to the borrower; and |
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89 | | - | (I) any other provisions not inconsistent with this section. |
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90 | | - | (3) The notes and the authorization, issuance, sale, and delivery |
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91 | | - | of the notes are not subject to any general statute concerning |
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92 | | - | obligations issued by the local governmental entity borrower. This |
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93 | | - | section contains full and complete authority for the making of the |
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94 | | - | loan, the authorization, issuance, sale, and delivery of the notes, |
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95 | | - | and the repayment of the loan by the borrower, and no law, |
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96 | | - | procedure, proceedings, publications, notices, consents, |
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97 | | - | approvals, orders, or acts by any officer, department, agency, or |
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98 | | - | instrument of the state or of any political subdivision is required |
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99 | | - | to make the loan, issue the notes, or repay the loan except as |
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100 | | - | prescribed in this section. |
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101 | | - | (4) The notes issued by a local governmental entity borrower are |
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102 | | - | exempt from taxation for all purposes and are exempt from any |
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103 | | - | security registration requirements provided for in Indiana statutes. |
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104 | | - | (5) Notes issued by a local governmental entity borrower under |
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105 | | - | this section are obligations for all purposes of this chapter. |
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106 | | - | (e) A municipality may issue bonds under IC 36-9-32-7(b) through |
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107 | | - | IC 36-9-32-7(j) for the economic development purposes listed in |
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108 | | - | subsection (c) and may repay the indebtedness solely from revenues |
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109 | | - | derived from the repayment of any notes, including notes evidencing |
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110 | | - | loans made under subsection (b). |
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111 | | - | (f) To the extent a revolving fund under subsection (b) is funded |
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112 | | - | from: |
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113 | | - | (1) revenues received by the county under IC 6-3.6-9 and |
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114 | | - | allocated for economic development purposes; under |
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115 | | - | IC 6-3.6-6-9; or |
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116 | | - | (2) repayments of principal and interest on loans from the |
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117 | | - | revolving fund that were funded with revenues described in |
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118 | | - | subdivision (1); |
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119 | | - | money in the revolving fund may at any time be transferred in whole |
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120 | | - | or in part to the unit's economic development income tax fund, as |
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121 | | - | determined by ordinance of the unit's fiscal body. |
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122 | | - | (g) The general assembly finds that counties and municipalities in |
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123 | | - | SEA 1 — Concur 4 |
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124 | | - | Indiana have a need to foster economic development and industrial and |
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125 | | - | commercial growth. The general assembly finds that it is necessary and |
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126 | | - | proper to provide an alternative method for municipalities to foster the |
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127 | | - | following: |
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128 | | - | (1) Economic development. |
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129 | | - | (2) Industrial and commercial growth. |
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130 | | - | (3) Employment opportunities. |
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131 | | - | (4) Diversification of industry and commerce. |
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132 | | - | It is declared that the fostering of economic development under this |
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133 | | - | section for the benefit of the general public, including industrial and |
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134 | | - | commercial enterprises, is a public purpose. |
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135 | | - | SECTION 3. IC 5-1-14-17 IS ADDED TO THE INDIANA CODE |
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136 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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137 | | - | UPON PASSAGE]: Sec. 17. (a) This section applies to a qualified |
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138 | | - | political subdivision. |
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139 | | - | (b) As used this section, "general obligation bond" means a |
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140 | | - | bond issued for a short term period of not more than five (5) years |
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141 | | - | and payable from property taxes for a purpose or project that is |
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142 | | - | not a controlled project (as defined in IC 6-1.1-20-1.1) for which |
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143 | | - | the bond is not required to be issued using the procedures in |
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144 | | - | IC 6-1.1-20. |
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145 | | - | (c) As used in this section, "qualified political subdivision" |
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146 | | - | means a county, city, town, township, or school corporation. |
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147 | | - | (d) Notwithstanding any other law, and except as provided in |
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148 | | - | subsection (e), if a qualified political subdivision issues new general |
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149 | | - | obligation bonds, or has issued general obligation bonds before |
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150 | | - | May 1, 2025, for a period of two (2) years of less, then at the |
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151 | | - | expiration of those general obligation bonds, the qualified political |
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152 | | - | subdivision must wait one (1) year from that date before the |
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153 | | - | qualified political subdivision may issue general obligation bonds. |
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154 | | - | (e) Subsection (d) shall not apply to a qualified political |
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155 | | - | subdivision in the case of a natural disaster, an accident, or another |
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156 | | - | unanticipated emergency as determined by the department of local |
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157 | | - | government finance. |
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158 | | - | SECTION 4. IC 5-16-9-3, AS AMENDED BY P.L.197-2016, |
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159 | | - | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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160 | | - | JULY 1, 2027]: Sec. 3. (a) If a public agency has no parking facility |
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161 | | - | under its jurisdiction or control available to private persons who desire |
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162 | | - | to conduct business with the public agency, the public agency shall |
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163 | | - | direct the local authority having jurisdiction over the portion of the |
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164 | | - | streets which are adjacent to the facilities of the public agency to |
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165 | | - | reserve parking spaces for the use of persons with physical disabilities. |
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166 | | - | SEA 1 — Concur 5 |
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167 | | - | (b) If a retail shopping mall is constructed in whole or in part with |
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168 | | - | revenue derived from a local income tax imposed under IC 6-3.6-6 and |
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169 | | - | allocated for economic development purposes, under IC 6-3.6-6-9, the |
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170 | | - | local authority having jurisdiction over the portion of the streets |
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171 | | - | adjacent to the retail shopping mall shall reserve parking spaces for the |
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172 | | - | use of persons with physical disabilities. |
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173 | | - | SECTION 5. IC 6-1.1-2-11 IS ADDED TO THE INDIANA CODE |
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174 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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175 | | - | UPON PASSAGE]: Sec. 11. (a) As used in this section, "tax |
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176 | | - | increment financing allocation area" means any area authorized |
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177 | | - | by statute in which ad valorem property taxes are allocated, |
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178 | | - | including the following: |
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179 | | - | (1) IC 6-1.1-39 (economic development districts). |
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180 | | - | (2) IC 8-22-3.5 (airport development zones). |
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181 | | - | (3) IC 36-7-14 (redevelopment of areas needing |
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182 | | - | redevelopment generally). |
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183 | | - | (4) IC 36-7-15.1 (redevelopment of areas in Marion County). |
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184 | | - | (5) IC 36-7-30 (reuse of federal military bases). |
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185 | | - | (6) IC 36-7-30.5 (development of multicounty federal military |
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186 | | - | bases). |
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187 | | - | (7) IC 36-7-32 (certified technology parks). |
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188 | | - | (8) IC 36-7-32.5 (innovation development districts). |
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189 | | - | (9) IC 36-7.5-4.5 (rail transit development districts). |
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190 | | - | (b) The department shall, in each year beginning after |
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191 | | - | December 31, 2025, and ending before January 1, 2034, adjust the |
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192 | | - | base assessed value of each tax increment financing allocation area |
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193 | | - | to neutralize the effect of the changing tax rates resulting year to |
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194 | | - | year from the homestead deduction under IC 6-1.1-12-37(c)(2) and |
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195 | | - | IC 6-1.1-12-37.5(c) and the deduction for eligible property under |
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196 | | - | IC 6-1.1-12-47. It is the intent of the general assembly that an |
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197 | | - | increase in revenue from a change in tax rates resulting from these |
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198 | | - | statutes accrue only to the base assessed value and not to the tax |
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199 | | - | increment financing allocation area. However, in the case of a |
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200 | | - | decrease in revenue from a change in tax rates resulting from these |
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201 | | - | statutes, the department may neutralize the change under this |
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202 | | - | subsection in a positive manner with regard to the tax increment |
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203 | | - | financing allocation area to protect the ability to pay bonds based |
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204 | | - | on incremental revenue, if the tax increment financing allocation |
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205 | | - | area demonstrates to the department that an adjustment is needed |
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206 | | - | before the department calculates a positive neutralization |
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207 | | - | adjustment. |
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208 | | - | SECTION 6. IC 6-1.1-3-7.2, AS AMENDED BY P.L.137-2022, |
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209 | | - | SEA 1 — Concur 6 |
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210 | | - | SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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211 | | - | JANUARY 1, 2025 (RETROACTIVE)]: Sec. 7.2. (a) This section |
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212 | | - | applies to assessment dates occurring after December 31, 2015. |
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213 | | - | (b) As used in this section, "affiliate" means an entity that |
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214 | | - | effectively controls or is controlled by a taxpayer or is associated with |
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215 | | - | a taxpayer under common ownership or control, whether by |
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216 | | - | shareholdings or other means. |
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217 | | - | (c) As used in this section, "business personal property" means |
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218 | | - | personal property that: |
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219 | | - | (1) is otherwise subject to assessment and taxation under this |
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220 | | - | article; |
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221 | | - | (2) is used in a trade or business or otherwise held, used, or |
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222 | | - | consumed in connection with the production of income; and |
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223 | | - | (3) was: |
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224 | | - | (A) acquired by the taxpayer in an arms length transaction |
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225 | | - | from an entity that is not an affiliate of the taxpayer, if the |
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226 | | - | personal property has been previously used in Indiana before |
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227 | | - | being placed in service in the county; or |
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228 | | - | (B) acquired in any manner, if the personal property has never |
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229 | | - | been previously used in Indiana before being placed in service |
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230 | | - | in the county. |
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231 | | - | The term does not include mobile homes assessed under IC 6-1.1-7, |
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232 | | - | personal property held as an investment, or personal property that is |
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233 | | - | assessed under IC 6-1.1-8 and is owned by a public utility subject to |
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234 | | - | regulation by the Indiana utility regulatory commission. However, the |
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235 | | - | term does include the personal property of a telephone company or a |
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236 | | - | communications service provider if that personal property meets the |
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237 | | - | requirements of subdivisions (1) through (3), regardless of whether that |
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238 | | - | personal property is assessed under IC 6-1.1-8 and regardless of |
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239 | | - | whether the telephone company or communications service provider is |
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240 | | - | subject to regulation by the Indiana utility regulatory commission. |
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241 | | - | (d) Notwithstanding section 7 of this chapter, if the acquisition cost |
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242 | | - | of a taxpayer's total business personal property in a county is less than: |
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243 | | - | (1) eighty thousand dollars ($80,000) for that assessment date, |
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244 | | - | assessment dates before 2025; |
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245 | | - | (2) one million dollars ($1,000,000) for the 2025 assessment |
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246 | | - | date; and |
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247 | | - | (3) two million dollars ($2,000,000) for the 2026 assessment |
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248 | | - | date, and each assessment date thereafter; |
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249 | | - | the taxpayer's business personal property in the county for that |
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250 | | - | assessment date is exempt from taxation. |
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251 | | - | (e) Subject to subsection (f), a taxpayer that is eligible for the |
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252 | | - | SEA 1 — Concur 7 |
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253 | | - | exemption under this section for an assessment date shall include the |
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254 | | - | following information on the taxpayer's personal property tax return: |
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255 | | - | (1) A declaration that the taxpayer's business personal property in |
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256 | | - | the county is exempt from property taxation. |
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257 | | - | (2) Whether the taxpayer's business personal property within the |
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258 | | - | county is in one (1) location or multiple locations. |
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259 | | - | (3) An address for the location of the property. |
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260 | | - | If the business personal property is in multiple locations within a |
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261 | | - | county, the taxpayer shall provide an address for the location where the |
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262 | | - | sum of acquisition costs for business personal property is greatest. If |
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263 | | - | two (2) or more addresses contain the greatest equivalent sum of |
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264 | | - | acquisition costs for business personal property within a given county, |
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265 | | - | the taxpayer shall choose only one (1) address to list on the return. |
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266 | | - | (f) Beginning after December 31, 2022, a taxpayer that has included |
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267 | | - | the information required under subsection (e) on the taxpayer's |
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268 | | - | personal property tax return to claim the exemption under this section |
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269 | | - | is not required to file a personal property return for the taxpayer's |
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270 | | - | business personal property for an assessment date that occurs after the |
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271 | | - | assessment date for which the information is first provided under |
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272 | | - | subsection (e), unless or until the taxpayer no longer qualifies for the |
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273 | | - | exemption under subsection (d) for a subsequent assessment date. |
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274 | | - | SECTION 7. IC 6-1.1-3-22, AS AMENDED BY P.L.159-2020, |
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275 | | - | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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276 | | - | JANUARY 1, 2025 (RETROACTIVE)]: Sec. 22. (a) Except to the |
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277 | | - | extent that it conflicts with a statute and subject to subsection (f), 50 |
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278 | | - | IAC 4.2 (as in effect January 1, 2001), which was formerly |
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279 | | - | incorporated by reference into this section, is reinstated as a rule. |
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280 | | - | (b) Tangible personal property within the scope of 50 IAC 4.2 (as |
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281 | | - | in effect January 1, 2001) shall be assessed on the assessment dates in |
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282 | | - | calendar years 2003 and thereafter in conformity with 50 IAC 4.2 (as |
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283 | | - | in effect January 1, 2001). |
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284 | | - | (c) The publisher of the Indiana Administrative Code shall publish |
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285 | | - | 50 IAC 4.2 (as in effect January 1, 2001) in the Indiana Administrative |
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286 | | - | Code. |
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287 | | - | (d) 50 IAC 4.3 and any other rule to the extent that it conflicts with |
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288 | | - | this section is void. |
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289 | | - | (e) A reference in 50 IAC 4.2 to a governmental entity that has been |
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290 | | - | terminated or a statute that has been repealed or amended shall be |
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291 | | - | treated as a reference to its successor. |
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292 | | - | (f) The department of local government finance may not amend or |
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293 | | - | repeal the following (all as in effect January 1, 2001): |
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294 | | - | (1) 50 IAC 4.2-4-3(f). |
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295 | | - | SEA 1 — Concur 8 |
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296 | | - | (2) 50 IAC 4.2-4-7. |
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297 | | - | (3) 50 IAC 4.2-4-9. |
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298 | | - | (4) 50 IAC 4.2-5-7. |
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299 | | - | (5) 50 IAC 4.2-5-13. |
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300 | | - | (6) 50 IAC 4.2-6-1. |
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301 | | - | (7) 50 IAC 4.2-6-2. |
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302 | | - | (8) 50 IAC 4.2-8-9. |
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303 | | - | However, the department of local government finance may amend |
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304 | | - | these rules to conform with statutory changes. |
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305 | | - | (g) Notwithstanding any other provision of this section, 50 |
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306 | | - | IAC 4.2-4-6(c) is void effective July 1, 2015. The publisher of the |
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307 | | - | Indiana Administrative Code and the Indiana Register shall remove this |
---|
308 | | - | provision from the Indiana Administrative Code. |
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309 | | - | (h) Notwithstanding any other provision of this section, the |
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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. |
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313 | | - | SECTION 8. IC 6-1.1-3-23, AS AMENDED BY P.L.220-2011, |
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314 | | - | SECTION 119, IS AMENDED TO READ AS FOLLOWS |
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315 | | - | [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 23. (a) In |
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316 | | - | enacting this section, the general assembly finds the following: |
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317 | | - | (1) The economy of northern Indiana has historically been heavily |
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318 | | - | dependent upon: |
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319 | | - | (A) the domestic steel industry, particularly the integrated steel |
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320 | | - | mill business, which produces steel from basic raw materials |
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321 | | - | through blast furnace and related operations; and |
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322 | | - | (B) the oil refining and petrochemical industry. |
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323 | | - | (2) Northern Indiana is the only area of Indiana with integrated |
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324 | | - | steelmaking facilities. |
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325 | | - | (3) During the last thirty (30) years, the domestic steel industry |
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326 | | - | has experienced significant financial difficulties. More than |
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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 |
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330 | | - | the facilities economically competitive with newer foreign and |
---|
331 | | - | domestic steelmaking facilities and processes. |
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332 | | - | (4) The United States needs to protect the capacity of the oil |
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333 | | - | refining and petrochemical industry. No oil refineries have been |
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334 | | - | built in the United States since 1976. |
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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 |
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338 | | - | SEA 1 — Concur 9 |
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339 | | - | at the integrated steelmaking facilities that began operations |
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340 | | - | before 1970, thereby reporting the equipment's assessed value at |
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341 | | - | far below thirty percent (30%) of the equipment's total cost (far |
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342 | | - | below the "thirty percent (30%) floor" value generally applicable |
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343 | | - | to equipment exhibiting only normal obsolescence under the |
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344 | | - | current department of local government finance rules). |
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345 | | - | (6) Current law existing before January 1, 2003, obligates the |
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346 | | - | taxpayers making abnormal obsolescence claims to pay personal |
---|
347 | | - | property taxes based only on, and permits communities to |
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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 |
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351 | | - | abnormal obsolescence claims, the property tax base of |
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352 | | - | communities in northern Indiana is severely reduced for an |
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353 | | - | indeterminate period (if not permanently). The prospect of future |
---|
354 | | - | appeals and their attendant problems on an ongoing basis must be |
---|
355 | | - | addressed. |
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356 | | - | (7) A new, optional method for valuing the equipment of |
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357 | | - | integrated steel mills and entities that are at least fifty percent |
---|
358 | | - | (50%) owned by an affiliate of an integrated steel mill ("related |
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359 | | - | entities") and the oil refining and petrochemical industry in |
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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, |
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| 12919 | + | 2 SECTION 136, IS AMENDED TO READ AS FOLLOWS |
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| 12920 | + | 3 [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) The referendum shall be |
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| 12921 | + | 4 held in the next primary election general election, or municipal election |
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| 12922 | + | 5 as provided under IC 3-10-9-3(b), in which all the registered voters |
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| 12923 | + | 6 who are residents of the school corporation are entitled to vote after |
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| 12924 | + | 7 certification of the question. under IC 3-10-9-3. The certification of the |
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| 12925 | + | 8 question must occur not later than noon |
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| 12926 | + | 9 (1) seventy-four (74) days before a primary election if the |
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| 12927 | + | 10 question is to be placed on the primary or municipal primary |
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| 12928 | + | 11 election ballot; or |
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| 12929 | + | 12 (2) August 1. if the question is to be placed on the general or |
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| 12930 | + | 13 municipal election ballot. |
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| 12931 | + | 14 (b) However, if a primary election, general election, or municipal |
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| 12932 | + | 15 election will not be held during the first year in which the public |
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| 12933 | + | 16 question is eligible to be placed on the ballot under this chapter and if |
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| 12934 | + | 17 the school corporation requests the public question to be placed on the |
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| 12935 | + | 18 ballot at a special election, the public question shall be placed on the |
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| 12936 | + | 19 ballot at a special election to be held on the first Tuesday after the first |
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| 12937 | + | 20 Monday in May or November of the year. The certification must occur |
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| 12938 | + | 21 not later than noon: |
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| 12939 | + | 22 (1) seventy-four (74) days before a special election to be held in |
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| 12940 | + | 23 May (if the special election is to be held in May); or |
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| 12941 | + | 24 (2) August 1 (if the special election is to be held in November). |
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| 12942 | + | 25 (c) If the referendum is not conducted at a primary election, general |
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| 12943 | + | 26 election, or municipal election, the school corporation in which the |
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| 12944 | + | 27 referendum is to be held shall pay all the costs of holding the |
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| 12945 | + | 28 referendum. |
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| 12946 | + | 29 SECTION 232. IC 20-46-9-22, AS ADDED BY P.L.189-2023, |
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| 12947 | + | 30 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 12948 | + | 31 JULY 1, 2025]: Sec. 22. (a) This section: |
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| 12949 | + | 32 (1) applies to revenue received from a resolution that is approved |
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| 12950 | + | 33 by the governing body to impose a referendum levy under section |
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| 12951 | + | 34 6 or 7 of this chapter after May 10, 2023, for a school corporation |
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| 12952 | + | 35 located in: |
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| 12953 | + | 36 (1) (A) Lake County; |
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| 12954 | + | 37 (2) (B) Marion County; |
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| 12955 | + | 38 (3) (C) St. Joseph County; or |
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| 12956 | + | 39 (4) (D) Vanderburgh County; |
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| 12957 | + | 40 through the full term of the referendum levy; and |
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| 12958 | + | 41 (2) does not apply to revenue received from a referendum levy |
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| 12959 | + | 42 if: |
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| 12960 | + | ES 1—LS 7244/DI 120 299 |
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| 12961 | + | 1 (A) the governing body of the school corporation approves |
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| 12962 | + | 2 the referendum levy in a resolution adopted under section |
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| 12963 | + | 3 6 or 7 of this chapter; and |
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| 12964 | + | 4 (B) the referendum levy is imposed for the first time with |
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| 12965 | + | 5 property taxes first due and payable in a calendar year |
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| 12966 | + | 6 beginning after December 31, 2027. |
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| 12967 | + | 7 (b) The county auditor shall distribute an amount under subsection |
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| 12968 | + | 8 (d) to each charter school, excluding virtual charter schools or adult |
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| 12969 | + | 9 high schools, that a student who resides within the attendance area of |
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| 12970 | + | 10 the school corporation attends if the charter school, excluding virtual |
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| 12971 | + | 11 charter schools or adult high schools, elects to participate in the |
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| 12972 | + | 12 referendum under section 6(i) of this chapter. The department shall |
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| 12973 | + | 13 provide the county auditor with data and information necessary for the |
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| 12974 | + | 14 county auditor to determine: |
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| 12975 | + | 15 (1) which charter schools, excluding virtual charter schools or |
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| 12976 | + | 16 adult high schools, are eligible to receive a distribution under this |
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| 12977 | + | 17 section; and |
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| 12978 | + | 18 (2) the number of all students who reside within the attendance |
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| 12979 | + | 19 area of the school corporation who are included in the ADM for |
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| 12980 | + | 20 each charter school, excluding virtual charter schools or adult |
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| 12981 | + | 21 high schools, described in subdivision (1). |
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| 12982 | + | 22 (c) The following schools are not eligible to receive a distribution |
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| 12983 | + | 23 under this section: |
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| 12984 | + | 24 (1) A virtual charter school. |
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| 12985 | + | 25 (2) An adult high school. |
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| 12986 | + | 26 (d) For the purposes of the calculations made in this subsection, |
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| 12987 | + | 27 each eligible school that has entered into an agreement with a school |
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| 12988 | + | 28 corporation to participate as a participating innovation network charter |
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| 12989 | + | 29 school under IC 20-25.7-5 is considered to have an ADM that is |
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| 12990 | + | 30 separate from the school corporation. The amount that the county |
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| 12991 | + | 31 auditor shall distribute to a charter school, excluding virtual charter |
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| 12992 | + | 32 schools or adult high schools, under this section is the amount |
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| 12993 | + | 33 determined in the last STEP of the following STEPS: |
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| 12994 | + | 34 STEP ONE: Determine, for each charter school, excluding virtual |
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| 12995 | + | 35 charter schools or adult high schools, that is eligible to receive a |
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| 12996 | + | 36 distribution under this section, the number of students who reside |
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| 12997 | + | 37 within the attendance area of the school corporation who are |
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| 12998 | + | 38 currently included in the ADM of the charter school. |
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| 12999 | + | 39 STEP TWO: Determine the sum of: |
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| 13000 | + | 40 (A) the current ADM count for the school corporation; plus |
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| 13001 | + | 41 (B) the total number of students who reside within the |
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| 13002 | + | 42 attendance area of the school corporation who are currently |
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| 13003 | + | ES 1—LS 7244/DI 120 300 |
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| 13004 | + | 1 included in the ADM of a charter school, excluding virtual |
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| 13005 | + | 2 charter schools or adult high schools. |
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| 13006 | + | 3 STEP THREE: Determine the result of: |
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| 13007 | + | 4 (A) the STEP ONE amount; divided by |
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| 13008 | + | 5 (B) the STEP TWO amount. |
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| 13009 | + | 6 STEP FOUR: Determine the result of: |
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| 13010 | + | 7 (A) the STEP THREE amount; multiplied by |
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| 13011 | + | 8 (B) the amount collected by the county auditor during the most |
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| 13012 | + | 9 recent installment period. |
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| 13013 | + | 10 (e) If a charter school receives a distribution under this section, the |
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| 13014 | + | 11 distribution may be used only for the purposes described in |
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| 13015 | + | 12 IC 20-40-20-6(a). |
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| 13016 | + | 13 SECTION 233. IC 36-1-8-5.1, AS AMENDED BY P.L.38-2021, |
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| 13017 | + | 14 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 13018 | + | 15 JULY 1, 2026]: Sec. 5.1. (a) A political subdivision may establish a |
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| 13019 | + | 16 rainy day fund by the adoption of: |
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| 13020 | + | 17 (1) an ordinance, in the case of a county, city, or town; or |
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| 13021 | + | 18 (2) a resolution, in the case of any other political subdivision. |
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| 13022 | + | 19 (b) An ordinance or a resolution adopted under this section must |
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| 13023 | + | 20 specify the following: |
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| 13024 | + | 21 (1) The purposes of the rainy day fund. |
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| 13025 | + | 22 (2) The sources of funding for the rainy day fund, which may |
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| 13026 | + | 23 include the following: |
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| 13027 | + | 24 (A) Unused and unencumbered funds under |
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| 13028 | + | 25 (i) section 5 of this chapter. or |
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| 13029 | + | 26 (ii) IC 6-3.6-9-15. |
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| 13030 | + | 27 (B) Any other funding source: |
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| 13031 | + | 28 (i) specified in the ordinance or resolution adopted under |
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| 13032 | + | 29 this section; and |
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| 13033 | + | 30 (ii) not otherwise prohibited by law. |
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| 13034 | + | 31 (c) The rainy day fund is subject to the same appropriation process |
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| 13035 | + | 32 as other funds that receive tax money. |
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| 13036 | + | 33 (d) In any fiscal year, a political subdivision may, at any time, do the |
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| 13037 | + | 34 following: |
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| 13038 | + | 35 (1) Transfer any unused and unencumbered funds specified in |
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| 13039 | + | 36 subsection (b)(2)(A) from any fiscal year to the rainy day fund. |
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| 13040 | + | 37 (2) Transfer any other unobligated cash balances from any fiscal |
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| 13041 | + | 38 year that are not otherwise identified in subsection (b)(2)(A) or |
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| 13042 | + | 39 section 5 of this chapter to the rainy day fund as long as the |
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| 13043 | + | 40 transfer satisfies the following requirements: |
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| 13044 | + | 41 (A) The amount of the transfer is authorized by and identified |
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| 13045 | + | 42 in an ordinance or resolution. |
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| 13046 | + | ES 1—LS 7244/DI 120 301 |
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| 13047 | + | 1 (B) The amount of the transfer is not more than: |
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| 13048 | + | 2 (i) before January 1, 2021, ten percent (10%); |
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| 13049 | + | 3 (ii) after December 31, 2020, and before January 1, 2025, |
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| 13050 | + | 4 fifteen percent (15%); and |
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| 13051 | + | 5 (iii) after December 31, 2024, ten percent (10%); |
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| 13052 | + | 6 of the political subdivision's total annual budget adopted under |
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| 13053 | + | 7 IC 6-1.1-17 for that fiscal year. |
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| 13054 | + | 8 (C) The transfer is not made from a debt service fund. |
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| 13055 | + | 9 (e) A political subdivision may use only the funding sources |
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| 13056 | + | 10 specified in subsection (b)(2)(A) or in the ordinance or resolution |
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| 13057 | + | 11 establishing the rainy day fund. The political subdivision may adopt a |
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| 13058 | + | 12 subsequent ordinance or resolution authorizing the use of another |
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| 13059 | + | 13 funding source. |
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| 13060 | + | 14 (f) The department of local government finance may not reduce the |
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| 13061 | + | 15 actual or maximum permissible levy of a political subdivision as a |
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| 13062 | + | 16 result of a balance in the rainy day fund of the political subdivision. |
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| 13063 | + | 17 (g) A county, city, or town may at any time, by ordinance or |
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| 13064 | + | 18 resolution, transfer to: |
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| 13065 | + | 19 (1) its general fund; or |
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| 13066 | + | 20 (2) any other appropriated funds of the county, city, or town; |
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| 13067 | + | 21 money that has been deposited in the rainy day fund of the county, city, |
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| 13068 | + | 22 or town. |
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| 13069 | + | 23 (h) A school corporation may at any time, by resolution, transfer to |
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| 13070 | + | 24 its education fund or operations fund money that has been deposited in |
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| 13071 | + | 25 its rainy day fund. |
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| 13072 | + | 26 SECTION 234. IC 36-7-14-39, AS AMENDED BY P.L.136-2024, |
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| 13073 | + | 27 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 13074 | + | 28 JULY 1, 2027]: Sec. 39. (a) As used in this section: |
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| 13075 | + | 29 "Allocation area" means that part of a redevelopment project area |
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| 13076 | + | 30 to which an allocation provision of a declaratory resolution adopted |
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| 13077 | + | 31 under section 15 of this chapter refers for purposes of distribution and |
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| 13078 | + | 32 allocation of property taxes. |
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| 13079 | + | 33 "Base assessed value" means, subject to subsection (j), the |
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| 13080 | + | 34 following: |
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| 13081 | + | 35 (1) If an allocation provision is adopted after June 30, 1995, in a |
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| 13082 | + | 36 declaratory resolution or an amendment to a declaratory |
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| 13083 | + | 37 resolution establishing an economic development area: |
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| 13084 | + | 38 (A) the net assessed value of all the property as finally |
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| 13085 | + | 39 determined for the assessment date immediately preceding the |
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| 13086 | + | 40 effective date of the allocation provision of the declaratory |
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| 13087 | + | 41 resolution, as adjusted under subsection (h); plus |
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| 13088 | + | 42 (B) to the extent that it is not included in clause (A), the net |
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| 13089 | + | ES 1—LS 7244/DI 120 302 |
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| 13090 | + | 1 assessed value of property that is assessed as residential |
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| 13091 | + | 2 property under the rules of the department of local government |
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| 13092 | + | 3 finance, within the allocation area, as finally determined for |
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| 13093 | + | 4 the current assessment date. |
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| 13094 | + | 5 (2) If an allocation provision is adopted after June 30, 1997, in a |
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| 13095 | + | 6 declaratory resolution or an amendment to a declaratory |
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| 13096 | + | 7 resolution establishing a redevelopment project area: |
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| 13097 | + | 8 (A) the net assessed value of all the property as finally |
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| 13098 | + | 9 determined for the assessment date immediately preceding the |
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| 13099 | + | 10 effective date of the allocation provision of the declaratory |
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| 13100 | + | 11 resolution, as adjusted under subsection (h); plus |
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| 13101 | + | 12 (B) to the extent that it is not included in clause (A), the net |
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| 13102 | + | 13 assessed value of property that is assessed as residential |
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| 13103 | + | 14 property under the rules of the department of local government |
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| 13104 | + | 15 finance, as finally determined for the current assessment date. |
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| 13105 | + | 16 (3) If: |
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| 13106 | + | 17 (A) an allocation provision adopted before June 30, 1995, in |
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| 13107 | + | 18 a declaratory resolution or an amendment to a declaratory |
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| 13108 | + | 19 resolution establishing a redevelopment project area expires |
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| 13109 | + | 20 after June 30, 1997; and |
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| 13110 | + | 21 (B) after June 30, 1997, a new allocation provision is included |
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| 13111 | + | 22 in an amendment to the declaratory resolution; |
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| 13112 | + | 23 the net assessed value of all the property as finally determined for |
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| 13113 | + | 24 the assessment date immediately preceding the effective date of |
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| 13114 | + | 25 the allocation provision adopted after June 30, 1997, as adjusted |
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| 13115 | + | 26 under subsection (h). |
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| 13116 | + | 27 (4) Except as provided in subdivision (5), for all other allocation |
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| 13117 | + | 28 areas, the net assessed value of all the property as finally |
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| 13118 | + | 29 determined for the assessment date immediately preceding the |
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| 13119 | + | 30 effective date of the allocation provision of the declaratory |
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| 13120 | + | 31 resolution, as adjusted under subsection (h). |
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| 13121 | + | 32 (5) If an allocation area established in an economic development |
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| 13122 | + | 33 area before July 1, 1995, is expanded after June 30, 1995, the |
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| 13123 | + | 34 definition in subdivision (1) applies to the expanded part of the |
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| 13124 | + | 35 area added after June 30, 1995. |
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| 13125 | + | 36 (6) If an allocation area established in a redevelopment project |
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| 13126 | + | 37 area before July 1, 1997, is expanded after June 30, 1997, the |
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| 13127 | + | 38 definition in subdivision (2) applies to the expanded part of the |
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| 13128 | + | 39 area added after June 30, 1997. |
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| 13129 | + | 40 Except as provided in section 39.3 of this chapter, "property taxes" |
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| 13130 | + | 41 means taxes imposed under IC 6-1.1 on real property. However, upon |
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| 13131 | + | 42 approval by a resolution of the redevelopment commission adopted |
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| 13132 | + | ES 1—LS 7244/DI 120 303 |
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| 13133 | + | 1 before June 1, 1987, "property taxes" also includes taxes imposed |
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| 13134 | + | 2 under IC 6-1.1 on depreciable personal property. If a redevelopment |
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| 13135 | + | 3 commission adopted before June 1, 1987, a resolution to include within |
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| 13136 | + | 4 the definition of property taxes, taxes imposed under IC 6-1.1 on |
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| 13137 | + | 5 depreciable personal property that has a useful life in excess of eight |
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| 13138 | + | 6 (8) years, the commission may by resolution determine the percentage |
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| 13139 | + | 7 of taxes imposed under IC 6-1.1 on all depreciable personal property |
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| 13140 | + | 8 that will be included within the definition of property taxes. However, |
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| 13141 | + | 9 the percentage included must not exceed twenty-five percent (25%) of |
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| 13142 | + | 10 the taxes imposed under IC 6-1.1 on all depreciable personal property. |
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| 13143 | + | 11 (b) A declaratory resolution adopted under section 15 of this chapter |
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| 13144 | + | 12 on or before the allocation deadline determined under subsection (i) |
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| 13145 | + | 13 may include a provision with respect to the allocation and distribution |
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| 13146 | + | 14 of property taxes for the purposes and in the manner provided in this |
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| 13147 | + | 15 section. A declaratory resolution previously adopted may include an |
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| 13148 | + | 16 allocation provision by the amendment of that declaratory resolution on |
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| 13149 | + | 17 or before the allocation deadline determined under subsection (i) in |
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| 13150 | + | 18 accordance with the procedures required for its original adoption. A |
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| 13151 | + | 19 declaratory resolution or amendment that establishes an allocation |
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| 13152 | + | 20 provision must include a specific finding of fact, supported by |
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| 13153 | + | 21 evidence, that the adoption of the allocation provision will result in |
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| 13154 | + | 22 new property taxes in the area that would not have been generated but |
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| 13155 | + | 23 for the adoption of the allocation provision. For an allocation area |
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| 13156 | + | 24 established before July 1, 1995, the expiration date of any allocation |
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| 13157 | + | 25 provisions for the allocation area is June 30, 2025, or the last date of |
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| 13158 | + | 26 any obligations that are outstanding on July 1, 2015, whichever is later. |
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| 13159 | + | 27 A declaratory resolution or an amendment that establishes an allocation |
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| 13160 | + | 28 provision after June 30, 1995, must specify an expiration date for the |
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| 13161 | + | 29 allocation provision. For an allocation area established before July 1, |
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| 13162 | + | 30 2008, the expiration date may not be more than thirty (30) years after |
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| 13163 | + | 31 the date on which the allocation provision is established. For an |
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| 13164 | + | 32 allocation area established after June 30, 2008, the expiration date may |
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| 13165 | + | 33 not be more than twenty-five (25) years after the date on which the first |
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| 13166 | + | 34 obligation was incurred to pay principal and interest on bonds or lease |
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| 13167 | + | 35 rentals on leases payable from tax increment revenues. However, with |
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| 13168 | + | 36 respect to bonds or other obligations that were issued before July 1, |
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| 13169 | + | 37 2008, if any of the bonds or other obligations that were scheduled when |
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| 13170 | + | 38 issued to mature before the specified expiration date and that are |
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| 13171 | + | 39 payable only from allocated tax proceeds with respect to the allocation |
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| 13172 | + | 40 area remain outstanding as of the expiration date, the allocation |
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| 13173 | + | 41 provision does not expire until all of the bonds or other obligations are |
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| 13174 | + | 42 no longer outstanding. Notwithstanding any other law, in the case of an |
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| 13175 | + | ES 1—LS 7244/DI 120 304 |
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| 13176 | + | 1 allocation area that is established after June 30, 2019, and that is |
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| 13177 | + | 2 located in a redevelopment project area described in section |
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| 13178 | + | 3 25.1(c)(3)(C) of this chapter, an economic development area described |
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| 13179 | + | 4 in section 25.1(c)(3)(C) of this chapter, or an urban renewal project |
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| 13180 | + | 5 area described in section 25.1(c)(3)(C) of this chapter, the expiration |
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| 13181 | + | 6 date of the allocation provision may not be more than thirty-five (35) |
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| 13182 | + | 7 years after the date on which the allocation provision is established. |
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| 13183 | + | 8 The allocation provision may apply to all or part of the redevelopment |
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| 13184 | + | 9 project area. The allocation provision must require that any property |
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| 13185 | + | 10 taxes subsequently levied by or for the benefit of any public body |
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| 13186 | + | 11 entitled to a distribution of property taxes on taxable property in the |
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| 13187 | + | 12 allocation area be allocated and distributed as follows: |
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| 13188 | + | 13 (1) Except as otherwise provided in this section, the proceeds of |
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| 13189 | + | 14 the taxes attributable to the lesser of: |
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| 13190 | + | 15 (A) the assessed value of the property for the assessment date |
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| 13191 | + | 16 with respect to which the allocation and distribution is made; |
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| 13192 | + | 17 or |
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| 13193 | + | 18 (B) the base assessed value; |
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| 13194 | + | 19 shall be allocated to and, when collected, paid into the funds of |
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| 13195 | + | 20 the respective taxing units. |
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| 13196 | + | 21 (2) This subdivision applies to a fire protection territory |
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| 13197 | + | 22 established after December 31, 2022. If a unit becomes a |
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| 13198 | + | 23 participating unit of a fire protection territory that is established |
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| 13199 | + | 24 after a declaratory resolution is adopted under section 15 of this |
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| 13200 | + | 25 chapter, the excess of the proceeds of the property taxes |
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| 13201 | + | 26 attributable to an increase in the property tax rate for the |
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| 13202 | + | 27 participating unit of a fire protection territory: |
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| 13203 | + | 28 (A) except as otherwise provided by this subdivision, shall be |
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| 13204 | + | 29 determined as follows: |
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| 13205 | + | 30 STEP ONE: Divide the unit's tax rate for fire protection for |
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| 13206 | + | 31 the year before the establishment of the fire protection |
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| 13207 | + | 32 territory by the participating unit's tax rate as part of the fire |
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| 13208 | + | 33 protection territory. |
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| 13209 | + | 34 STEP TWO: Subtract the STEP ONE amount from one (1). |
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| 13210 | + | 35 STEP THREE: Multiply the STEP TWO amount by the |
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| 13211 | + | 36 allocated property tax attributable to the participating unit of |
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| 13212 | + | 37 the fire protection territory; and |
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| 13213 | + | 38 (B) to the extent not otherwise included in subdivisions (1) |
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| 13214 | + | 39 and (3), the amount determined under STEP THREE of clause |
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| 13215 | + | 40 (A) shall be allocated to and distributed in the form of an |
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| 13216 | + | 41 allocated property tax revenue pass back to the participating |
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| 13217 | + | 42 unit of the fire protection territory for the assessment date with |
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| 13218 | + | ES 1—LS 7244/DI 120 305 |
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| 13219 | + | 1 respect to which the allocation is made. |
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| 13220 | + | 2 However, if the redevelopment commission determines that it is |
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| 13221 | + | 3 unable to meet its debt service obligations with regards to the |
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| 13222 | + | 4 allocation area without all or part of the allocated property tax |
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| 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 |
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| 13225 | + | 7 pass back under this subdivision shall be reduced by the amount |
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| 13226 | + | 8 necessary for the redevelopment commission to meet its debt |
---|
| 13227 | + | 9 service obligations of the allocation area. The calculation under |
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| 13228 | + | 10 this subdivision must be made by the redevelopment commission |
---|
| 13229 | + | 11 in collaboration with the county auditor and the applicable fire |
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| 13230 | + | 12 protection territory. Any calculation determined according to |
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| 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 |
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| 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 |
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| 13914 | + | 8 JULY 1, 2027]: Sec. 53. (a) As used in this section: |
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| 13915 | + | 9 "Allocation area" means that part of a redevelopment project area |
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| 13916 | + | 10 to which an allocation provision of a resolution adopted under section |
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| 13917 | + | 11 40 of this chapter refers for purposes of distribution and allocation of |
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| 13918 | + | 12 property taxes. |
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| 13919 | + | 13 "Base assessed value" means, subject to subsection (j): |
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| 13920 | + | 14 (1) the net assessed value of all the property as finally determined |
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| 13921 | + | 15 for the assessment date immediately preceding the effective date |
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| 13922 | + | 16 of the allocation provision of the declaratory resolution, as |
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| 13923 | + | 17 adjusted under subsection (h); plus |
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| 13924 | + | 18 (2) to the extent that it is not included in subdivision (1), the net |
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| 13925 | + | 19 assessed value of property that is assessed as residential property |
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| 13926 | + | 20 under the rules of the department of local government finance, as |
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| 13927 | + | 21 finally determined for the current assessment date. |
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| 13928 | + | 22 Except as provided in section 55 of this chapter, "property taxes" |
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| 13929 | + | 23 means taxes imposed under IC 6-1.1 on real property. |
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| 13930 | + | 24 (b) A resolution adopted under section 40 of this chapter on or |
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| 13931 | + | 25 before the allocation deadline determined under subsection (i) may |
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| 13932 | + | 26 include a provision with respect to the allocation and distribution of |
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| 13933 | + | 27 property taxes for the purposes and in the manner provided in this |
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| 13934 | + | 28 section. A resolution previously adopted may include an allocation |
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| 13935 | + | 29 provision by the amendment of that resolution on or before the |
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| 13936 | + | 30 allocation deadline determined under subsection (i) in accordance with |
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| 13937 | + | 31 the procedures required for its original adoption. A declaratory |
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| 13938 | + | 32 resolution or an amendment that establishes an allocation provision |
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| 13939 | + | 33 must be approved by resolution of the legislative body of the excluded |
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| 13940 | + | 34 city and must specify an expiration date for the allocation provision. |
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| 13941 | + | 35 For an allocation area established before July 1, 2008, the expiration |
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| 13942 | + | 36 date may not be more than thirty (30) years after the date on which the |
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| 13943 | + | 37 allocation provision is established. For an allocation area established |
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| 13944 | + | 38 after June 30, 2008, the expiration date may not be more than |
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| 13945 | + | 39 twenty-five (25) years after the date on which the first obligation was |
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| 13946 | + | 40 incurred to pay principal and interest on bonds or lease rentals on |
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| 13947 | + | 41 leases payable from tax increment revenues. However, with respect to |
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| 13948 | + | 42 bonds or other obligations that were issued before July 1, 2008, if any |
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| 13949 | + | ES 1—LS 7244/DI 120 322 |
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| 13950 | + | 1 of the bonds or other obligations that were scheduled when issued to |
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| 13951 | + | 2 mature before the specified expiration date and that are payable only |
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| 13952 | + | 3 from allocated tax proceeds with respect to the allocation area remain |
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| 13953 | + | 4 outstanding as of the expiration date, the allocation provision does not |
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| 13954 | + | 5 expire until all of the bonds or other obligations are no longer |
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| 13955 | + | 6 outstanding. The allocation provision may apply to all or part of the |
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| 13956 | + | 7 redevelopment project area. The allocation provision must require that |
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| 13957 | + | 8 any property taxes subsequently levied by or for the benefit of any |
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| 13958 | + | 9 public body entitled to a distribution of property taxes on taxable |
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| 13959 | + | 10 property in the allocation area be allocated and distributed as follows: |
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| 13960 | + | 11 (1) Except as otherwise provided in this section, the proceeds of |
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| 13961 | + | 12 the taxes attributable to the lesser of: |
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| 13962 | + | 13 (A) the assessed value of the property for the assessment date |
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| 13963 | + | 14 with respect to which the allocation and distribution is made; |
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| 13964 | + | 15 or |
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| 13965 | + | 16 (B) the base assessed value; |
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| 13966 | + | 17 shall be allocated to and, when collected, paid into the funds of |
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| 13967 | + | 18 the respective taxing units. |
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| 13968 | + | 19 (2) The excess of the proceeds of the property taxes imposed for |
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| 13969 | + | 20 the assessment date with respect to which the allocation and |
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| 13970 | + | 21 distribution is made that are attributable to taxes imposed after |
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| 13971 | + | 22 being approved by the voters in a referendum or local public |
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| 13972 | + | 23 question conducted after April 30, 2010, not otherwise included |
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| 13973 | + | 24 in subdivision (1) shall be allocated to and, when collected, paid |
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| 13974 | + | 25 into the funds of the taxing unit for which the referendum or local |
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| 13975 | + | 26 public question was conducted. |
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| 13976 | + | 27 (3) Except as otherwise provided in this section, property tax |
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| 13977 | + | 28 proceeds in excess of those described in subdivisions (1) and (2) |
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| 13978 | + | 29 shall be allocated to the redevelopment district and, when |
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| 13979 | + | 30 collected, paid into a special fund for that allocation area that may |
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| 13980 | + | 31 be used by the redevelopment district only to do one (1) or more |
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| 13981 | + | 32 of the following: |
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| 13982 | + | 33 (A) Pay the principal of and interest on any obligations |
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| 13983 | + | 34 payable solely from allocated tax proceeds that are incurred by |
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| 13984 | + | 35 the redevelopment district for the purpose of financing or |
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| 13985 | + | 36 refinancing the redevelopment of that allocation area. |
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| 13986 | + | 37 (B) Establish, augment, or restore the debt service reserve for |
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| 13987 | + | 38 bonds payable solely or in part from allocated tax proceeds in |
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| 13988 | + | 39 that allocation area. |
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| 13989 | + | 40 (C) Pay the principal of and interest on bonds payable from |
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| 13990 | + | 41 allocated tax proceeds in that allocation area and from the |
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| 13991 | + | 42 special tax levied under section 50 of this chapter. |
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| 13992 | + | ES 1—LS 7244/DI 120 323 |
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| 13993 | + | 1 (D) Pay the principal of and interest on bonds issued by the |
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| 13994 | + | 2 excluded city to pay for local public improvements that are |
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| 13995 | + | 3 physically located in or physically connected to that allocation |
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| 13996 | + | 4 area. |
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| 13997 | + | 5 (E) Pay premiums on the redemption before maturity of bonds |
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| 13998 | + | 6 payable solely or in part from allocated tax proceeds in that |
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| 13999 | + | 7 allocation area. |
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| 14000 | + | 8 (F) Make payments on leases payable from allocated tax |
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| 14001 | + | 9 proceeds in that allocation area under section 46 of this |
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| 14002 | + | 10 chapter. |
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| 14003 | + | 11 (G) Reimburse the excluded city for expenditures for local |
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| 14004 | + | 12 public improvements (which include buildings, park facilities, |
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| 14005 | + | 13 and other items set forth in section 45 of this chapter) that are |
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| 14006 | + | 14 physically located in or physically connected to that allocation |
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| 14007 | + | 15 area. |
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| 14008 | + | 16 (H) Reimburse the unit for rentals paid by it for a building or |
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| 14009 | + | 17 parking facility that is physically located in or physically |
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| 14010 | + | 18 connected to that allocation area under any lease entered into |
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| 14011 | + | 19 under IC 36-1-10. |
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| 14012 | + | 20 (I) Reimburse public and private entities for expenses incurred |
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| 14013 | + | 21 in training employees of industrial facilities that are located: |
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| 14014 | + | 22 (i) in the allocation area; and |
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| 14015 | + | 23 (ii) on a parcel of real property that has been classified as |
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| 14016 | + | 24 industrial property under the rules of the department of local |
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| 14017 | + | 25 government finance. |
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| 14018 | + | 26 However, the total amount of money spent for this purpose in |
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| 14019 | + | 27 any year may not exceed the total amount of money in the |
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| 14020 | + | 28 allocation fund that is attributable to property taxes paid by the |
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| 14021 | + | 29 industrial facilities described in this clause. The |
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| 14022 | + | 30 reimbursements under this clause must be made within three |
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| 14023 | + | 31 (3) years after the date on which the investments that are the |
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| 14024 | + | 32 basis for the increment financing are made. |
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| 14025 | + | 33 The special fund may not be used for operating expenses of the |
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| 14026 | + | 34 commission. |
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| 14027 | + | 35 (4) Before June 15 of each year, the commission shall do the |
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| 14028 | + | 36 following: |
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| 14029 | + | 37 (A) Determine the amount, if any, by which the assessed value |
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| 14030 | + | 38 of the taxable property in the allocation area for the most |
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| 14031 | + | 39 recent assessment date minus the base assessed value, when |
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| 14032 | + | 40 multiplied by the estimated tax rate of the allocation area, will |
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| 14033 | + | 41 exceed the amount of assessed value needed to provide the |
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| 14034 | + | 42 property taxes necessary to make, when due, principal and |
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| 14035 | + | ES 1—LS 7244/DI 120 324 |
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| 14036 | + | 1 interest payments on bonds described in subdivision (3) plus |
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| 14037 | + | 2 the amount necessary for other purposes described in |
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| 14038 | + | 3 subdivision (3) and subsection (g). |
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| 14039 | + | 4 (B) Provide a written notice to the county auditor, the fiscal |
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| 14040 | + | 5 body of the county or municipality that established the |
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| 14041 | + | 6 department of redevelopment, the officers who are authorized |
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| 14042 | + | 7 to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for |
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| 14043 | + | 8 each of the other taxing units that is wholly or partly located |
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| 14044 | + | 9 within the allocation area, and (in an electronic format) the |
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| 14045 | + | 10 department of local government finance. The notice must: |
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| 14046 | + | 11 (i) state the amount, if any, of excess assessed value that the |
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| 14047 | + | 12 commission has determined may be allocated to the |
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| 14048 | + | 13 respective taxing units in the manner prescribed in |
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| 14049 | + | 14 subdivision (1); or |
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| 14050 | + | 15 (ii) state that the commission has determined that there is no |
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| 14051 | + | 16 excess assessed value that may be allocated to the respective |
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| 14052 | + | 17 taxing units in the manner prescribed in subdivision (1). |
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| 14053 | + | 18 The county auditor shall allocate to the respective taxing units |
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| 14054 | + | 19 the amount, if any, of excess assessed value determined by the |
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| 14055 | + | 20 commission. The commission may not authorize an allocation |
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| 14056 | + | 21 to the respective taxing units under this subdivision if to do so |
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| 14057 | + | 22 would endanger the interests of the holders of bonds described |
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| 14058 | + | 23 in subdivision (3). |
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| 14059 | + | 24 (c) For the purpose of allocating taxes levied by or for any taxing |
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| 14060 | + | 25 unit or units, the assessed value of taxable property in a territory in the |
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| 14061 | + | 26 allocation area that is annexed by any taxing unit after the effective |
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| 14062 | + | 27 date of the allocation provision of the resolution is the lesser of: |
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| 14063 | + | 28 (1) the assessed value of the property for the assessment date with |
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| 14064 | + | 29 respect to which the allocation and distribution is made; or |
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| 14065 | + | 30 (2) the base assessed value. |
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| 14066 | + | 31 (d) Property tax proceeds allocable to the redevelopment district |
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| 14067 | + | 32 under subsection (b)(3) may, subject to subsection (b)(4), be |
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| 14068 | + | 33 irrevocably pledged by the redevelopment district for payment as set |
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| 14069 | + | 34 forth in subsection (b)(3). |
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| 14070 | + | 35 (e) Notwithstanding any other law, each assessor shall, upon |
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| 14071 | + | 36 petition of the commission, reassess the taxable property situated upon |
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| 14072 | + | 37 or in, or added to, the allocation area, effective on the next assessment |
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| 14073 | + | 38 date after the petition. |
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| 14074 | + | 39 (f) Notwithstanding any other law, the assessed value of all taxable |
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| 14075 | + | 40 property in the allocation area, for purposes of tax limitation, property |
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| 14076 | + | 41 tax replacement, and formulation of the budget, tax rate, and tax levy |
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| 14077 | + | 42 for each political subdivision in which the property is located, is the |
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| 14078 | + | ES 1—LS 7244/DI 120 325 |
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| 14079 | + | 1 lesser of: |
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| 14080 | + | 2 (1) the assessed value of the property as valued without regard to |
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| 14081 | + | 3 this section; or |
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| 14082 | + | 4 (2) the base assessed value. |
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| 14083 | + | 5 (g) If any part of the allocation area is located in an enterprise zone |
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| 14084 | + | 6 created under IC 5-28-15, the unit that designated the allocation area |
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| 14085 | + | 7 shall create funds as specified in this subsection. A unit that has |
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| 14086 | + | 8 obligations, bonds, or leases payable from allocated tax proceeds under |
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| 14087 | + | 9 subsection (b)(3) shall establish an allocation fund for the purposes |
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| 14088 | + | 10 specified in subsection (b)(3) and a special zone fund. Such a unit |
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| 14089 | + | 11 shall, until the end of the enterprise zone phase out period, deposit each |
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| 14090 | + | 12 year in the special zone fund the amount in the allocation fund derived |
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| 14091 | + | 13 from property tax proceeds in excess of those described in subsection |
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| 14092 | + | 14 (b)(1) and (b)(2) from property located in the enterprise zone that |
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| 14093 | + | 15 exceeds the amount sufficient for the purposes specified in subsection |
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| 14094 | + | 16 (b)(3) for the year. A unit that has no obligations, bonds, or leases |
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| 14095 | + | 17 payable from allocated tax proceeds under subsection (b)(3) shall |
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| 14096 | + | 18 establish a special zone fund and deposit all the property tax proceeds |
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| 14097 | + | 19 in excess of those described in subsection (b)(1) and (b)(2) in the fund |
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| 14098 | + | 20 derived from property tax proceeds in excess of those described in |
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| 14099 | + | 21 subsection (b)(1) and (b)(2) from property located in the enterprise |
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| 14100 | + | 22 zone. The unit that creates the special zone fund shall use the fund, |
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| 14101 | + | 23 based on the recommendations of the urban enterprise association, for |
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| 14102 | + | 24 one (1) or more of the following purposes: |
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| 14103 | + | 25 (1) To pay for programs in job training, job enrichment, and basic |
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| 14104 | + | 26 skill development designed to benefit residents and employers in |
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| 14105 | + | 27 the enterprise zone. The programs must reserve at least one-half |
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| 14106 | + | 28 (1/2) of the enrollment in any session for residents of the |
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| 14107 | + | 29 enterprise zone. |
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| 14108 | + | 30 (2) To make loans and grants for the purpose of stimulating |
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| 14109 | + | 31 business activity in the enterprise zone or providing employment |
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| 14110 | + | 32 for enterprise zone residents in an enterprise zone. These loans |
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| 14111 | + | 33 and grants may be made to the following: |
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| 14112 | + | 34 (A) Businesses operating in the enterprise zone. |
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| 14113 | + | 35 (B) Businesses that will move their operations to the enterprise |
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| 14114 | + | 36 zone if such a loan or grant is made. |
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| 14115 | + | 37 (3) To provide funds to carry out other purposes specified in |
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| 14116 | + | 38 subsection (b)(3). However, where reference is made in |
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| 14117 | + | 39 subsection (b)(3) to the allocation area, the reference refers, for |
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| 14118 | + | 40 purposes of payments from the special zone fund, only to that part |
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| 14119 | + | 41 of the allocation area that is also located in the enterprise zone. |
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| 14120 | + | 42 (h) The state board of accounts and department of local government |
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| 14121 | + | ES 1—LS 7244/DI 120 326 |
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| 14122 | + | 1 finance shall make the rules and prescribe the forms and procedures |
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| 14123 | + | 2 that they consider expedient for the implementation of this chapter. |
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| 14124 | + | 3 After each reassessment of real property in an area under a county's |
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| 14125 | + | 4 reassessment plan prepared under IC 6-1.1-4-4.2, the department of |
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| 14126 | + | 5 local government finance shall adjust the base assessed value one (1) |
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| 14127 | + | 6 time to neutralize any effect of the reassessment of the real property in |
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| 14128 | + | 7 the area on the property tax proceeds allocated to the redevelopment |
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| 14129 | + | 8 district under this section. After each annual adjustment under |
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| 14130 | + | 9 IC 6-1.1-4-4.5, the department of local government finance shall adjust |
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| 14131 | + | 10 the base assessed value to neutralize any effect of the annual |
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| 14132 | + | 11 adjustment on the property tax proceeds allocated to the redevelopment |
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| 14133 | + | 12 district under this section. However, the adjustments under this |
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| 14134 | + | 13 subsection may not include the effect of property tax abatements under |
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| 14135 | + | 14 IC 6-1.1-12.1, and these adjustments may not produce less property tax |
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| 14136 | + | 15 proceeds allocable to the redevelopment district under subsection |
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| 14137 | + | 16 (b)(3) than would otherwise have been received if the reassessment |
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| 14138 | + | 17 under the county's reassessment plan or annual adjustment had not |
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| 14139 | + | 18 occurred. The department of local government finance may prescribe |
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| 14140 | + | 19 procedures for county and township officials to follow to assist the |
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| 14141 | + | 20 department in making the adjustments. |
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| 14142 | + | 21 (i) The allocation deadline referred to in subsection (b) is |
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| 14143 | + | 22 determined in the following manner: |
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| 14144 | + | 23 (1) The initial allocation deadline is December 31, 2011. |
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| 14145 | + | 24 (2) Subject to subdivision (3), the initial allocation deadline and |
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| 14146 | + | 25 subsequent allocation deadlines are automatically extended in |
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| 14147 | + | 26 increments of five (5) years, so that allocation deadlines |
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| 14148 | + | 27 subsequent to the initial allocation deadline fall on December 31, |
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| 14149 | + | 28 2016, and December 31 of each fifth year thereafter. |
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| 14150 | + | 29 (3) At least one (1) year before the date of an allocation deadline |
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| 14151 | + | 30 determined under subdivision (2), the general assembly may enact |
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| 14152 | + | 31 a law that: |
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| 14153 | + | 32 (A) terminates the automatic extension of allocation deadlines |
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| 14154 | + | 33 under subdivision (2); and |
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| 14155 | + | 34 (B) specifically designates a particular date as the final |
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| 14156 | + | 35 allocation deadline. |
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| 14157 | + | 36 (j) If the commission adopts a declaratory resolution or an |
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| 14158 | + | 37 amendment to a declaratory resolution that contains an allocation |
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| 14159 | + | 38 provision and the commission makes either of the filings required |
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| 14160 | + | 39 under section 10(e) of this chapter after the first anniversary of the |
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| 14161 | + | 40 effective date of the allocation provision, the auditor of the county in |
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| 14162 | + | 41 which the unit is located shall compute the base assessed value for the |
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| 14163 | + | 42 allocation area using the assessment date immediately preceding the |
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| 14164 | + | ES 1—LS 7244/DI 120 327 |
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| 14165 | + | 1 later of: |
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| 14166 | + | 2 (1) the date on which the documents are filed with the county |
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| 14167 | + | 3 auditor; or |
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| 14168 | + | 4 (2) the date on which the documents are filed with the department |
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| 14169 | + | 5 of local government finance. |
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| 14170 | + | 6 (k) For an allocation area established after June 30, 2024, |
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| 14171 | + | 7 "residential property" refers to the assessed value of property that is |
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| 14172 | + | 8 allocated to the one percent (1%) homestead land and improvement |
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| 14173 | + | 9 categories in the county tax and billing software system, along with the |
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| 14174 | + | 10 residential assessed value as defined for purposes of calculating the |
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| 14175 | + | 11 rate for the local income tax property tax relief credit designated for |
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| 14176 | + | 12 residential property under IC 6-3.6-5-6(d)(3) (before its expiration). |
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| 14177 | + | 13 SECTION 237. IC 36-7-30-25, AS AMENDED BY P.L.174-2022, |
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| 14178 | + | 14 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 14179 | + | 15 JULY 1, 2027]: Sec. 25. (a) The following definitions apply throughout |
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| 14180 | + | 16 this section: |
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| 14181 | + | 17 (1) "Allocation area" means that part of a military base reuse area |
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| 14182 | + | 18 to which an allocation provision of a declaratory resolution |
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| 14183 | + | 19 adopted under section 10 of this chapter refers for purposes of |
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| 14184 | + | 20 distribution and allocation of property taxes. |
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| 14185 | + | 21 (2) "Base assessed value" means, subject to subsection (i): |
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| 14186 | + | 22 (A) the net assessed value of all the property as finally |
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| 14187 | + | 23 determined for the assessment date immediately preceding the |
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| 14188 | + | 24 adoption date of the allocation provision of the declaratory |
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| 14189 | + | 25 resolution, as adjusted under subsection (h); plus |
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| 14190 | + | 26 (B) to the extent that it is not included in clause (A) or (C), the |
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| 14191 | + | 27 net assessed value of any and all parcels or classes of parcels |
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| 14192 | + | 28 identified as part of the base assessed value in the declaratory |
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| 14193 | + | 29 resolution or an amendment thereto, as finally determined for |
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| 14194 | + | 30 any subsequent assessment date; plus |
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| 14195 | + | 31 (C) to the extent that it is not included in clause (A) or (B), the |
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| 14196 | + | 32 net assessed value of property that is assessed as residential |
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| 14197 | + | 33 property under the rules of the department of local government |
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| 14198 | + | 34 finance, within the allocation area, as finally determined for |
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| 14199 | + | 35 the current assessment date. |
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| 14200 | + | 36 Clause (C) applies only to allocation areas established in a |
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| 14201 | + | 37 military reuse area after June 30, 1997, and to the part of an |
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| 14202 | + | 38 allocation area that was established before June 30, 1997, and that |
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| 14203 | + | 39 is added to an existing allocation area after June 30, 1997. |
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| 14204 | + | 40 (3) "Property taxes" means taxes imposed under IC 6-1.1 on real |
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| 14205 | + | 41 property. |
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| 14206 | + | 42 (b) A declaratory resolution adopted under section 10 of this chapter |
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| 14207 | + | ES 1—LS 7244/DI 120 328 |
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| 14208 | + | 1 before the date set forth in IC 36-7-14-39(b) pertaining to declaratory |
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| 14209 | + | 2 resolutions adopted under IC 36-7-14-15 may include a provision with |
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| 14210 | + | 3 respect to the allocation and distribution of property taxes for the |
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| 14211 | + | 4 purposes and in the manner provided in this section. A declaratory |
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| 14212 | + | 5 resolution previously adopted may include an allocation provision by |
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| 14213 | + | 6 the amendment of that declaratory resolution in accordance with the |
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| 14214 | + | 7 procedures set forth in section 13 of this chapter. The allocation |
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| 14215 | + | 8 provision may apply to all or part of the military base reuse area. The |
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| 14216 | + | 9 allocation provision must require that any property taxes subsequently |
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| 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 |
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| 14219 | + | 12 and distributed as follows: |
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| 14220 | + | 13 (1) Except as otherwise provided in this section, the proceeds of |
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| 14221 | + | 14 the taxes attributable to the lesser of: |
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| 14222 | + | 15 (A) the assessed value of the property for the assessment date |
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| 14223 | + | 16 with respect to which the allocation and distribution is made; |
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| 14224 | + | 17 or |
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| 14225 | + | 18 (B) the base assessed value; |
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| 14226 | + | 19 shall be allocated to and, when collected, paid into the funds of |
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| 14227 | + | 20 the respective taxing units. |
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| 14228 | + | 21 (2) The excess of the proceeds of the property taxes imposed for |
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| 14229 | + | 22 the assessment date with respect to which the allocation and |
---|
| 14230 | + | 23 distribution are made that are attributable to taxes imposed after |
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| 14231 | + | 24 being approved by the voters in a referendum or local public |
---|
| 14232 | + | 25 question conducted after April 30, 2010, not otherwise included |
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| 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 |
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| 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 |
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| 14239 | + | 32 collected, paid into an allocation fund for that allocation area that |
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| 14240 | + | 33 may be used by the military base reuse district and only to do one |
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| 14241 | + | 34 (1) or more of the following: |
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| 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. |
---|
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 |
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1009 | | - | sum of twelve thousand four hundred eighty dollars ($12,480) deducted |
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1010 | | - | from the assessed value of real property, mobile home not assessed as |
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1011 | | - | real property, or manufactured home not assessed as real property that |
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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 |
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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, |
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1016 | | - | and if: |
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1017 | | - | (1) the individual is blind or the individual has a disability; |
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1018 | | - | (2) the real property, mobile home, or manufactured home is |
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1019 | | - | principally used and occupied by the individual as the individual's |
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1020 | | - | residence; |
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1021 | | - | (3) the individual's taxable gross income for the calendar year |
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1022 | | - | preceding the year in which the deduction is claimed did not |
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1023 | | - | exceed seventeen thousand dollars ($17,000); and |
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1024 | | - | (4) the individual: |
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1025 | | - | (A) owns the real property, mobile home, or manufactured |
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1026 | | - | SEA 1 — Concur 25 |
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1027 | | - | home; or |
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1028 | | - | (B) is buying the real property, mobile home, or manufactured |
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1029 | | - | home under contract; |
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1030 | | - | on the date the statement required by section 12 of this chapter is |
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1031 | | - | filed. |
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1032 | | - | (b) For purposes of this section, taxable gross income does not |
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1033 | | - | include income which is not taxed under the federal income tax laws. |
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1034 | | - | (c) For purposes of this section, "blind" has the same meaning as the |
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1035 | | - | definition contained in IC 12-7-2-21(1). |
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1036 | | - | (d) For purposes of this section, "individual with a disability" means |
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1037 | | - | a person unable to engage in any substantial gainful activity by reason |
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1038 | | - | of a medically determinable physical or mental impairment which: |
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1039 | | - | (1) can be expected to result in death; or |
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1040 | | - | (2) has lasted or can be expected to last for a continuous period of |
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1041 | | - | not less than twelve (12) months. |
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1042 | | - | (e) An individual with a disability filing a claim under this section |
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1043 | | - | shall submit proof of the disability. Proof that a claimant is eligible to |
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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. |
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1047 | | - | (f) An individual with a disability not covered under the federal |
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1048 | | - | Social Security Act shall be examined by a physician and the |
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1049 | | - | individual's status as an individual with a disability determined by |
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1050 | | - | using the same standards as used by the Social Security Administration. |
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1051 | | - | The costs of this examination shall be borne by the claimant. |
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1052 | | - | (g) An individual who has sold real property, a mobile home not |
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1053 | | - | assessed as real property, or a manufactured home not assessed as real |
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1054 | | - | property to another person under a contract that provides that the |
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1055 | | - | contract buyer is to pay the property taxes on the real property, mobile |
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1056 | | - | home, or manufactured home may not claim the deduction provided |
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1057 | | - | under this section against that real property, mobile home, or |
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1058 | | - | manufactured home. |
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1059 | | - | (h) This section applies only to property taxes imposed for an |
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1060 | | - | assessment date before January 1, 2025. |
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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 |
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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 |
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1068 | | - | by the department of local government finance, with the auditor of the |
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1069 | | - | SEA 1 — Concur 26 |
---|
1070 | | - | county in which the real property, mobile home not assessed as real |
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1071 | | - | property, or manufactured home not assessed as real property is |
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1072 | | - | located. To obtain the deduction for a desired calendar year in which |
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1073 | | - | property taxes are first due and payable, the application must be |
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1074 | | - | completed, dated, and filed with the county auditor on or before |
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1075 | | - | January 15 of the calendar year in which the property taxes are first due |
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1076 | | - | and payable. The application may be filed in person or by mail. If |
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1077 | | - | mailed, the mailing must be postmarked on or before the last day for |
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1078 | | - | filing. |
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1079 | | - | (b) Proof of blindness may be supported by: |
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1080 | | - | (1) the records of the division of family resources or the division |
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1081 | | - | of disability and rehabilitative services; or |
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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. |
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1085 | | - | (c) The application required by this section must contain the record |
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1086 | | - | number and page where the contract or memorandum of the contract |
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1087 | | - | is recorded if the individual is buying the real property, mobile home, |
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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. |
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1091 | | - | (d) This section applies only to property taxes imposed for an |
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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 |
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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: |
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1106 | | - | (1) the individual served in the military or naval forces of the |
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1107 | | - | United States during any of its wars; |
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1108 | | - | (2) the individual received an honorable discharge; |
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1109 | | - | (3) the individual has a disability with a service connected |
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1110 | | - | disability of ten percent (10%) or more; |
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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 |
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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 |
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1119 | | - | individual's disability qualifies the individual to receive a |
---|
1120 | | - | deduction under this section; and |
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1121 | | - | (5) the individual: |
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1122 | | - | (A) owns the real property, mobile home, or manufactured |
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1123 | | - | home; or |
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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. |
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1128 | | - | (b) The surviving spouse of an individual may receive the deduction |
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1129 | | - | provided by this section if the individual satisfied the requirements of |
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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. |
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1136 | | - | (c) One who receives the deduction provided by this section may not |
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1137 | | - | receive the deduction provided by section 16 of this chapter. However, |
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1138 | | - | the individual may receive any other property tax deduction which the |
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1139 | | - | individual is entitled to by law. |
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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: |
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1165 | | - | (1) the individual served in the military or naval forces of the |
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1166 | | - | United States for at least ninety (90) days; |
---|
1167 | | - | (2) the individual received an honorable discharge; |
---|
1168 | | - | (3) the individual either: |
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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: |
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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: |
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5426 | | - | (1) except as provided in subsection (h), mail to the last known |
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5427 | | - | address of each person liable for any property taxes or special |
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5428 | | - | assessment, as shown on the tax duplicate or special assessment |
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5429 | | - | records, or to the last known address of the most recent owner |
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5430 | | - | shown in the transfer book; and |
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5431 | | - | (2) transmit by written, electronic, or other means to a mortgagee |
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5432 | | - | maintaining an escrow account for a person who is liable for any |
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5433 | | - | property taxes or special assessments, as shown on the tax |
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5434 | | - | duplicate or special assessment records; |
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5435 | | - | a statement in the form required under subsection (b). |
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5436 | | - | (b) The department of local government finance shall prescribe a |
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5437 | | - | form, subject to the approval of the state board of accounts, for the |
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5438 | | - | statement under subsection (a) that includes at least the following: |
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5439 | | - | (1) A statement of the taxpayer's current and delinquent taxes and |
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5440 | | - | special assessments. |
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5441 | | - | (2) A breakdown showing the total property tax and special |
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5442 | | - | assessment liability and the amount of the taxpayer's liability that |
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5443 | | - | will be distributed to each taxing unit in the county. |
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5444 | | - | (3) An itemized listing for each property tax levy, including: |
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5445 | | - | (A) the amount of the tax rate; |
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5446 | | - | (B) the entity levying the tax owed; and |
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5447 | | - | (C) the dollar amount of the tax owed. |
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5448 | | - | (4) Information designed to show the manner in which the taxes |
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5449 | | - | and special assessments billed in the tax statement are to be used. |
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5450 | | - | (5) Information regarding how a taxpayer can obtain information |
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5451 | | - | regarding the taxpayer's notice of assessment or reassessment |
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5452 | | - | under IC 6-1.1-4-22. |
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5453 | | - | (6) A comparison showing any change in the assessed valuation |
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5454 | | - | for the property as compared to the previous year. |
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5455 | | - | SEA 1 — Concur 128 |
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5456 | | - | (7) A comparison showing any change in the property tax and |
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5457 | | - | special assessment liability for the property as compared to the |
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5458 | | - | previous year. The information required under this subdivision |
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5459 | | - | must identify: |
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5460 | | - | (A) the amount of the taxpayer's liability distributable to each |
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5461 | | - | taxing unit in which the property is located in the current year |
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5462 | | - | and in the previous year; and |
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5463 | | - | (B) the percentage change, if any, in the amount of the |
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5464 | | - | taxpayer's liability distributable to each taxing unit in which |
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5465 | | - | the property is located from the previous year to the current |
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5466 | | - | year. |
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5467 | | - | (8) An explanation of the following: |
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5468 | | - | (A) Homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before |
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5469 | | - | its expiration), or another law that are available in the taxing |
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5470 | | - | district where the property is located. |
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5471 | | - | (B) All property tax deductions that are available in the taxing |
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5472 | | - | district where the property is located. |
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5473 | | - | (C) The procedure and deadline for filing for any available |
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5474 | | - | homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before its |
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5475 | | - | expiration), or another law and each deduction. |
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5476 | | - | (D) The procedure that a taxpayer must follow to: |
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5477 | | - | (i) appeal a current assessment; or |
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5478 | | - | (ii) petition for the correction of an error related to the |
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5479 | | - | taxpayer's property tax and special assessment liability. |
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5480 | | - | (E) The forms that must be filed for an appeal or a petition |
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5481 | | - | described in clause (D). |
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5482 | | - | (F) The procedure and deadline that a taxpayer must follow |
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5483 | | - | and the forms that must be used if a credit or deduction has |
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5484 | | - | been granted for the property and the taxpayer is no longer |
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5485 | | - | eligible for the credit or deduction. |
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5486 | | - | (G) Notice that an appeal described in clause (D) requires |
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5487 | | - | evidence relevant to the true tax value of the taxpayer's |
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5488 | | - | property as of the assessment date that is the basis for the taxes |
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5489 | | - | payable on that property. |
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5490 | | - | The department of local government finance shall provide the |
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5491 | | - | explanation required by this subdivision to each county treasurer. |
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5492 | | - | (9) A checklist that shows: |
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5493 | | - | (A) homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 (before |
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5494 | | - | its expiration), or another law and all property tax deductions; |
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5495 | | - | and |
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5496 | | - | (B) whether each homestead credit and property tax deduction |
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5497 | | - | applies in the current statement for the property transmitted |
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5498 | | - | SEA 1 — Concur 129 |
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5499 | | - | under subsection (a). |
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5500 | | - | (10) A remittance coupon indicating the payment amounts due at |
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5501 | | - | each payment due date and other information determined by the |
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5502 | | - | department of local government finance. |
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5503 | | - | (c) The county treasurer shall mail or transmit the statement one (1) |
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5504 | | - | time each year on or before April 15. Whenever a person's tax liability |
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5505 | | - | for a year is due in one (1) installment under IC 6-1.1-7-7 or section 9 |
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5506 | | - | of this chapter, a statement that is mailed must include the date on |
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5507 | | - | which the installment is due and denote the amount of money to be |
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5508 | | - | paid for the installment. Whenever a person's tax liability is due in two |
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5509 | | - | (2) installments, a statement that is mailed must contain the dates on |
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5510 | | - | which the first and second installments are due and denote the amount |
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5511 | | - | of money to be paid for each installment. If a statement is returned to |
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5512 | | - | the county treasurer as undeliverable and the forwarding order is |
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5513 | | - | expired, the county treasurer shall notify the county auditor of this fact. |
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5514 | | - | Upon receipt of the county treasurer's notice, the county auditor may, |
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5515 | | - | at the county auditor's discretion, treat the property as not being eligible |
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5516 | | - | for any deductions under IC 6-1.1-12 or any homestead credits under |
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5517 | | - | IC 6-1.1-20.4 and IC 6-3.6-5 (before its expiration). |
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5518 | | - | (d) All payments of property taxes and special assessments shall be |
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5519 | | - | made to the county treasurer. The county treasurer, when authorized by |
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5520 | | - | the board of county commissioners, may open temporary offices for the |
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5521 | | - | collection of taxes in cities and towns in the county other than the |
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5522 | | - | county seat. |
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5523 | | - | (e) The county treasurer, county auditor, and county assessor shall |
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5524 | | - | cooperate to generate the information to be included in the statement |
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5525 | | - | under subsection (b). |
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5526 | | - | (f) The information to be included in the statement under subsection |
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5527 | | - | (b) must be simply and clearly presented and understandable to the |
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5528 | | - | average individual. |
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5529 | | - | (g) After December 31, 2007, a reference in a law or rule to |
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5530 | | - | IC 6-1.1-22-8 (expired January 1, 2008, and repealed) shall be treated |
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5531 | | - | as a reference to this section. |
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5532 | | - | (h) Transmission of statements and other information under this |
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5533 | | - | subsection applies in a county only if the county legislative body adopts |
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5534 | | - | an authorizing ordinance. Subject to subsection (i), in a county in |
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5535 | | - | which an ordinance is adopted under this subsection for property taxes |
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5536 | | - | and special assessments, a person may, in any manner permitted by |
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5537 | | - | subsection (n), direct the county treasurer and county auditor to |
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5538 | | - | transmit the following to the person by electronic mail: |
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5539 | | - | (1) A statement that would otherwise be sent by the county |
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5540 | | - | treasurer to the person by regular mail under subsection (a)(1), |
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5541 | | - | SEA 1 — Concur 130 |
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5542 | | - | including a statement that reflects installment payment due dates |
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5543 | | - | under section 9.5 or 9.7 of this chapter. |
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5544 | | - | (2) A provisional tax statement that would otherwise be sent by |
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5545 | | - | the county treasurer to the person by regular mail under |
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5546 | | - | IC 6-1.1-22.5-6. |
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5547 | | - | (3) A reconciling tax statement that would otherwise be sent by |
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5548 | | - | the county treasurer to the person by regular mail under any of the |
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5549 | | - | following: |
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5550 | | - | (A) Section 9 of this chapter. |
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5551 | | - | (B) Section 9.7 of this chapter. |
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5552 | | - | (C) IC 6-1.1-22.5-12, including a statement that reflects |
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5553 | | - | installment payment due dates under IC 6-1.1-22.5-18.5. |
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5554 | | - | (4) Any other information that: |
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5555 | | - | (A) concerns the property taxes or special assessments; and |
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5556 | | - | (B) would otherwise be sent: |
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5557 | | - | (i) by the county treasurer or the county auditor to the person |
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5558 | | - | by regular mail; and |
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5559 | | - | (ii) before the last date the property taxes or special |
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5560 | | - | assessments may be paid without becoming delinquent. |
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5561 | | - | The information listed in this subsection may be transmitted to a person |
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5562 | | - | by using electronic mail that provides a secure Internet link to the |
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5563 | | - | information. |
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5564 | | - | (i) For property with respect to which more than one (1) person is |
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5565 | | - | liable for property taxes and special assessments, subsection (h) applies |
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5566 | | - | only if all the persons liable for property taxes and special assessments |
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5567 | | - | designate the electronic mail address for only one (1) individual |
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5568 | | - | authorized to receive the statements and other information referred to |
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5569 | | - | in subsection (h). |
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5570 | | - | (j) The department of local government finance shall create a form |
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5571 | | - | to be used to implement subsection (h). The county treasurer and |
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5572 | | - | county auditor shall: |
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5573 | | - | (1) make the form created under this subsection available to the |
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5574 | | - | public; |
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5575 | | - | (2) transmit a statement or other information by electronic mail |
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5576 | | - | under subsection (h) to a person who files, on or before March 15, |
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5577 | | - | the form created under this subsection: |
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5578 | | - | (A) with the county treasurer; or |
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5579 | | - | (B) with the county auditor; and |
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5580 | | - | (3) publicize the availability of the electronic mail option under |
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5581 | | - | this subsection through appropriate media in a manner reasonably |
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5582 | | - | designed to reach members of the public. |
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5583 | | - | (k) The form referred to in subsection (j) must: |
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5584 | | - | SEA 1 — Concur 131 |
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5585 | | - | (1) explain that a form filed as described in subsection (j)(2) |
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5586 | | - | remains in effect until the person files a replacement form to: |
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5587 | | - | (A) change the person's electronic mail address; or |
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5588 | | - | (B) terminate the electronic mail option under subsection (h); |
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5589 | | - | and |
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5590 | | - | (2) allow a person to do at least the following with respect to the |
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5591 | | - | electronic mail option under subsection (h): |
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5592 | | - | (A) Exercise the option. |
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5593 | | - | (B) Change the person's electronic mail address. |
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5594 | | - | (C) Terminate the option. |
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5595 | | - | (D) For a person other than an individual, designate the |
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5596 | | - | electronic mail address for only one (1) individual authorized |
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5597 | | - | to receive the statements and other information referred to in |
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5598 | | - | subsection (h). |
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5599 | | - | (E) For property with respect to which more than one (1) |
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5600 | | - | person is liable for property taxes and special assessments, |
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5601 | | - | designate the electronic mail address for only one (1) |
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5602 | | - | individual authorized to receive the statements and other |
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5603 | | - | information referred to in subsection (h). |
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5604 | | - | (l) The form created under subsection (j) is considered filed with the |
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5605 | | - | county treasurer or the county auditor on the postmark date or on the |
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5606 | | - | date it is electronically submitted. If the postmark is missing or |
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5607 | | - | illegible, the postmark is considered to be one (1) day before the date |
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5608 | | - | of receipt of the form by the county treasurer or the county auditor. |
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5609 | | - | (m) The county treasurer shall maintain a record that shows at least |
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5610 | | - | the following: |
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5611 | | - | (1) Each person to whom a statement or other information is |
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5612 | | - | transmitted by electronic mail under this section. |
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5613 | | - | (2) The information included in the statement. |
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5614 | | - | (3) Whether the county treasurer received a notice that the |
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5615 | | - | person's electronic mail was undeliverable. |
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5616 | | - | (n) A person may direct the county treasurer and county auditor to |
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5617 | | - | transmit information by electronic mail under subsection (h) on a form |
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5618 | | - | prescribed by the department submitted: |
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5619 | | - | (1) in person; |
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5620 | | - | (2) by mail; or |
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5621 | | - | (3) in an online format developed by the county and approved by |
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5622 | | - | the department. |
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5623 | | - | SECTION 77. IC 6-1.1-22.5-8, AS AMENDED BY P.L.93-2024, |
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5624 | | - | SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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5625 | | - | JULY 1, 2026]: Sec. 8. (a) Subject to subsection (c), a provisional |
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5626 | | - | statement must: |
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5627 | | - | SEA 1 — Concur 132 |
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5628 | | - | (1) be on a form prescribed by the department of local |
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5629 | | - | government finance; |
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5630 | | - | (2) except as provided in rules adopted under section 20 of this |
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5631 | | - | chapter and subsection (b): |
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5632 | | - | (A) for property taxes first due and payable after 2010 and |
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5633 | | - | billed using a provisional statement under section 6 of this |
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5634 | | - | chapter, indicate: |
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5635 | | - | (i) that the first installment of the taxpayer's tax liability is |
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5636 | | - | an amount equal to fifty percent (50%) of the tax liability |
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5637 | | - | that was payable in the same year as the assessment date for |
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5638 | | - | the property for which the provisional statement is issued, |
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5639 | | - | subject to any adjustments to the tax liability authorized by |
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5640 | | - | the department of local government finance under |
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5641 | | - | subsection (e) and approved by the county treasurer; and |
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5642 | | - | (ii) that the second installment is either the amount specified |
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5643 | | - | in a reconciling statement or, if a reconciling statement is |
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5644 | | - | not sent until after the second installment is due, an amount |
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5645 | | - | equal to fifty percent (50%) of the tax liability that was |
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5646 | | - | payable in the same year as the assessment date for the |
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5647 | | - | property for which the provisional statement is issued, |
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5648 | | - | subject to any adjustments to the tax liability authorized by |
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5649 | | - | the department of local government finance under |
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5650 | | - | subsection (e) and approved by the county treasurer; and |
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5651 | | - | (B) for property taxes billed using a provisional statement |
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5652 | | - | under section 6.5 of this chapter, except as provided in |
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5653 | | - | subsection (d), indicate tax liability in an amount determined |
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5654 | | - | by the department of local government finance based on: |
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5655 | | - | (i) subject to subsection (c), for the cross-county entity, the |
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5656 | | - | property tax rate of the cross-county entity for taxes first due |
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5657 | | - | and payable in the immediately preceding calendar year; and |
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5658 | | - | (ii) for all other taxing units that make up the taxing district |
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5659 | | - | or taxing districts that comprise the cross-county area, the |
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5660 | | - | property tax rates of the taxing units for taxes first due and |
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5661 | | - | payable in the current calendar year; |
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5662 | | - | (3) indicate: |
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5663 | | - | (A) that the tax liability under the provisional statement is |
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5664 | | - | determined as described in subdivision (2); and |
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5665 | | - | (B) that property taxes billed on the provisional statement: |
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5666 | | - | (i) are due and payable in the same manner as property taxes |
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5667 | | - | billed on a tax statement under IC 6-1.1-22-8.1; and |
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5668 | | - | (ii) will be credited against a reconciling statement; |
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5669 | | - | (4) for property taxes billed using a provisional statement under |
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5670 | | - | SEA 1 — Concur 133 |
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5671 | | - | section 6 of this chapter, include a statement in the following or |
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5672 | | - | a substantially similar form, as determined by the department of |
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5673 | | - | local government finance: |
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5674 | | - | "Under Indiana law, ________ County (insert county) has sent |
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5675 | | - | provisional statements. The statement is due to be paid in |
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5676 | | - | installments on __________ (insert date) and ________ (insert |
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5677 | | - | date). The first installment is equal to fifty percent (50%) of your |
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5678 | | - | tax liability for taxes payable in ______ (insert year), subject to |
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5679 | | - | adjustment to the tax liability authorized by the department of |
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5680 | | - | local government finance and approved by the county treasurer. |
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5681 | | - | The second installment is either the amount specified in a |
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5682 | | - | reconciling statement that will be sent to you, or (if a reconciling |
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5683 | | - | statement is not sent until after the second installment is due) an |
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5684 | | - | amount equal to fifty percent (50%) of your tax liability for taxes |
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5685 | | - | payable in ______ (insert year), subject to adjustment to the tax |
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5686 | | - | liability authorized by the department of local government finance |
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5687 | | - | and approved by the county treasurer. After the abstract of |
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5688 | | - | property is complete, you will receive a reconciling statement in |
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5689 | | - | the amount of your actual tax liability for taxes payable in ______ |
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5690 | | - | (insert year) minus the amount you pay under this provisional |
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5691 | | - | statement."; |
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5692 | | - | (5) for property taxes billed using a provisional statement under |
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5693 | | - | section 6.5 of this chapter, include a statement in the following or |
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5694 | | - | a substantially similar form, as determined by the department of |
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5695 | | - | local government finance: |
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5696 | | - | "Under Indiana law, ________ County (insert county) has elected |
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5697 | | - | to send provisional statements for the territory of |
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5698 | | - | __________________ (insert cross-county entity) located in |
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5699 | | - | ________ County (insert county) because the property tax rate for |
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5700 | | - | ________________ (insert cross-county entity) was not available |
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5701 | | - | in time to prepare final tax statements. The statement is due to be |
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5702 | | - | paid in installments on __________ (insert date) and _________ |
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5703 | | - | (insert date). The statement is based on the property tax rate of |
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5704 | | - | _________________ (insert cross-county entity) for taxes first |
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5705 | | - | due and payable in _____ (insert immediately preceding calendar |
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5706 | | - | year). After the property tax rate of ________________ (insert |
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5707 | | - | cross-county entity) is determined, you will receive a reconciling |
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5708 | | - | statement in the amount of your actual tax liability for taxes |
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5709 | | - | payable in _____ (insert year) minus the amount you pay under |
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5710 | | - | this provisional statement."; |
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5711 | | - | (6) indicate any adjustment to tax liability under subdivision (2) |
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5712 | | - | authorized by the department of local government finance under |
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5713 | | - | SEA 1 — Concur 134 |
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5714 | | - | subsection (e) and approved by the county treasurer for: |
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5715 | | - | (A) delinquent: |
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5716 | | - | (i) taxes; and |
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5717 | | - | (ii) special assessments; |
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5718 | | - | (B) penalties; and |
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5719 | | - | (C) interest; |
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5720 | | - | (7) in the case of a reconciling statement only, include: |
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5721 | | - | (A) a checklist that shows: |
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5722 | | - | (i) homestead credits under IC 6-1.1-20.4, IC 6-3.6-5 |
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5723 | | - | (before its expiration), or another law and all property tax |
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5724 | | - | deductions; and |
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5725 | | - | (ii) whether each homestead credit and property tax |
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5726 | | - | deduction were applied in the current provisional statement; |
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5727 | | - | (B) an explanation of the procedure and deadline that a |
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5728 | | - | taxpayer must follow and the forms that must be used if a |
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5729 | | - | credit or deduction has been granted for the property and the |
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5730 | | - | taxpayer is no longer eligible for the credit or deduction; and |
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5731 | | - | (C) an explanation of the tax consequences and applicable |
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5732 | | - | penalties if a taxpayer unlawfully claims a standard deduction |
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5733 | | - | under IC 6-1.1-12-37 on: |
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5734 | | - | (i) more than one (1) parcel of property; or |
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5735 | | - | (ii) property that is not the taxpayer's principal place of |
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5736 | | - | residence or is otherwise not eligible for a standard |
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5737 | | - | deduction; and |
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5738 | | - | (8) include any other information the county treasurer requires. |
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5739 | | - | (b) The county may apply a standard deduction, supplemental |
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5740 | | - | standard deduction, or homestead credit calculated by the county's |
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5741 | | - | property system on a provisional bill for a qualified property. If a |
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5742 | | - | provisional bill has been used for property tax billings for two (2) |
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5743 | | - | consecutive years and a property qualifies for a standard deduction, |
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5744 | | - | supplemental standard deduction, or homestead credit for the second |
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5745 | | - | year a provisional bill is used, the county shall apply the standard |
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5746 | | - | deduction, supplemental standard deduction, or homestead credit |
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5747 | | - | calculated by the county's property system on the provisional bill. |
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5748 | | - | (c) For purposes of this section, property taxes that are: |
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5749 | | - | (1) first due and payable in the current calendar year on a |
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5750 | | - | provisional statement under section 6 or 6.5 of this chapter; and |
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5751 | | - | (2) based on property taxes first due and payable in the |
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5752 | | - | immediately preceding calendar year or on a percentage of those |
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5753 | | - | property taxes; |
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5754 | | - | are determined after excluding from the property taxes first due and |
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5755 | | - | payable in the immediately preceding calendar year property taxes |
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5756 | | - | SEA 1 — Concur 135 |
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5757 | | - | imposed by one (1) or more taxing units in which the tangible property |
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5758 | | - | is located that are attributable to a levy that no longer applies for |
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5759 | | - | property taxes first due and payable in the current calendar year. |
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5760 | | - | (d) If there was no property tax rate of the cross-county entity for |
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5761 | | - | taxes first due and payable in the immediately preceding calendar year |
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5762 | | - | for use under subsection (a)(2)(B), the department of local government |
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5763 | | - | finance shall provide an estimated tax rate calculated to approximate |
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5764 | | - | the actual tax rate that will apply when the tax rate is finally |
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5765 | | - | determined. |
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5766 | | - | (e) The department of local government finance shall: |
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5767 | | - | (1) authorize the types of adjustments to tax liability that a county |
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5768 | | - | treasurer may approve under subsection (a)(2)(A) including: |
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5769 | | - | (A) adjustments for any new construction on the property or |
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5770 | | - | any damage to the property; |
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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)". |
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| 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 |
---|