1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 508 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 3-8-1-23; IC 3-10-2-13; IC 3-11-2-12; |
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7 | 7 | | IC 3-13-10-3; IC 6-1.1; IC 36-2-15; IC 36-6-5. |
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8 | 8 | | Synopsis: Property tax streamline. Abolishes the offices of county |
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9 | 9 | | assessor and township assessor, effective July 1, 2025. Transfers the |
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10 | 10 | | duties of the assessor to the county auditor. Requires the department of |
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11 | 11 | | local government finance (DLGF) to develop an automated valuation |
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12 | 12 | | model system (AVM system) to be used by the DLGF to conduct the |
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13 | 13 | | assessment of all tangible property statewide, except for agricultural |
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14 | 14 | | land. Requires the DLGF to conduct all assessments for tangible |
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15 | 15 | | property, excluding agricultural land, using the AVM system beginning |
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16 | 16 | | with the first assessment date that an AVM system is operational for |
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17 | 17 | | use, but not later than 2036. Eliminates the payment of property taxes |
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18 | 18 | | in arrears beginning with the first assessment date for which the AVM |
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19 | 19 | | system is applied. Requires the DLGF to present a plan of |
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20 | 20 | | implementation for an AVM system to the interim study committee on |
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21 | 21 | | fiscal policy before November 1, 2025, and present an update on the |
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22 | 22 | | AVM system before November 1 in subsequent years until the AVM |
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23 | 23 | | system is operational for use. Except for agricultural land, provides that |
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24 | 24 | | tangible property shall not be subject to assessment beginning with |
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25 | 25 | | assessments in 2026 through the first assessment date for which the |
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26 | 26 | | AVM system is applied. Freezes the assessed value of all taxable |
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27 | 27 | | property, except agricultural land, during this time period at the |
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28 | 28 | | assessed value determined for the property for the 2025 assessment |
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29 | 29 | | date. Caps the property tax liability for all taxable property for taxes |
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30 | 30 | | first due and payable in 2027 through the first date that taxes are first |
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31 | 31 | | due and payable based on assessments under the AVM system to not |
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32 | 32 | | more than: (1) for taxes first due and payable in 2027, the property tax |
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33 | 33 | | liability imposed on the taxpayer's property for taxes first due and |
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34 | 34 | | (Continued next page) |
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35 | 35 | | Effective: Upon passage; July 1, 2025; January 1, 2026. |
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36 | 36 | | Alexander |
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37 | 37 | | January 16, 2025, read first time and referred to Committee on Tax and Fiscal Policy. |
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38 | 38 | | 2025 IN 508—LS 7582/DI 120 Digest Continued |
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39 | 39 | | payable in 2021; and (2) for taxes first due and payable in 2028 and |
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40 | 40 | | thereafter, the property tax liability for the calendar year not to exceed |
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41 | 41 | | a 3% increase from the taxpayer's property tax liability from the |
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42 | 42 | | previous year. Requires the legislative services agency to prepare |
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43 | 43 | | legislation for introduction in the 2026 regular session of the general |
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44 | 44 | | assembly to make appropriate required changes in statutes. Makes |
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45 | 45 | | corresponding changes. |
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46 | 46 | | 2025 IN 508—LS 7582/DI 1202025 IN 508—LS 7582/DI 120 Introduced |
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47 | 47 | | First Regular Session of the 124th General Assembly (2025) |
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48 | 48 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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49 | 49 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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50 | 50 | | additions will appear in this style type, and deletions will appear in this style type. |
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51 | 51 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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52 | 52 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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53 | 53 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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54 | 54 | | a new provision to the Indiana Code or the Indiana Constitution. |
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55 | 55 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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56 | 56 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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57 | 57 | | SENATE BILL No. 508 |
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58 | 58 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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59 | 59 | | taxation. |
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60 | 60 | | Be it enacted by the General Assembly of the State of Indiana: |
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61 | 61 | | 1 SECTION 1. IC 3-8-1-23, AS AMENDED BY P.L.167-2015, |
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62 | 62 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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63 | 63 | | 3 JULY 1, 2025]: Sec. 23. This section does not apply to elections in |
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64 | 64 | | 4 2026 and thereafter. A candidate for the office of county assessor |
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65 | 65 | | 5 must satisfy the following: |
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66 | 66 | | 6 (1) The candidate must have resided in the county for at least one |
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67 | 67 | | 7 (1) year before the election, as provided in Article 6, Section 4 of |
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68 | 68 | | 8 the Constitution of the State of Indiana. |
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69 | 69 | | 9 (2) The candidate must own real property located in the county |
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70 | 70 | | 10 upon taking office. |
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71 | 71 | | 11 SECTION 2. IC 3-10-2-13, AS AMENDED BY P.L.278-2019, |
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72 | 72 | | 12 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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73 | 73 | | 13 JULY 1, 2025]: Sec. 13. The following public officials shall be elected |
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74 | 74 | | 14 at the general election before their terms of office expire and every four |
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75 | 75 | | 15 (4) years thereafter: |
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76 | 76 | | 2025 IN 508—LS 7582/DI 120 2 |
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77 | 77 | | 1 (1) Clerk of the circuit court. |
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78 | 78 | | 2 (2) County auditor. |
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79 | 79 | | 3 (3) County recorder. |
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80 | 80 | | 4 (4) County treasurer. |
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81 | 81 | | 5 (5) County sheriff. |
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82 | 82 | | 6 (6) County coroner. |
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83 | 83 | | 7 (7) County surveyor. |
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84 | 84 | | 8 (8) County assessor. This subdivision does not apply to |
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85 | 85 | | 9 elections in 2026 and thereafter. |
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86 | 86 | | 10 (9) County commissioner. |
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87 | 87 | | 11 (10) County council member. |
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88 | 88 | | 12 (11) Township trustee. |
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89 | 89 | | 13 (12) Township board member. |
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90 | 90 | | 14 (13) Township assessor (only in a township referred to in |
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91 | 91 | | 15 IC 36-6-5-1(d)). This subdivision does not apply to elections in |
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92 | 92 | | 16 2026 and thereafter. |
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93 | 93 | | 17 (14) Judge of a small claims court. |
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94 | 94 | | 18 (15) Constable of a small claims court. |
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95 | 95 | | 19 SECTION 3. IC 3-11-2-12, AS AMENDED BY P.L.227-2023, |
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96 | 96 | | 20 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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97 | 97 | | 21 JULY 1, 2025]: Sec. 12. (a) The following offices shall be placed on |
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98 | 98 | | 22 the general election ballot in the following order after the public |
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99 | 99 | | 23 questions described in section 10(a) of this chapter: |
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100 | 100 | | 24 (1) Federal and state offices: |
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101 | 101 | | 25 (A) President and Vice President of the United States. |
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102 | 102 | | 26 (B) United States Senator. |
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103 | 103 | | 27 (C) Governor and lieutenant governor. |
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104 | 104 | | 28 (D) Secretary of state. |
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105 | 105 | | 29 (E) Auditor of state. |
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106 | 106 | | 30 (F) Treasurer of state. |
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107 | 107 | | 31 (G) Attorney general. |
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108 | 108 | | 32 (H) United States Representative. If an election to fill a |
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109 | 109 | | 33 vacancy in an office of United States Representative under |
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110 | 110 | | 34 IC 3-10-8 is held on the same day as the election for the next |
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111 | 111 | | 35 term of the same office, the ballot shall list the election to fill |
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112 | 112 | | 36 the vacancy in the office immediately after the election for the |
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113 | 113 | | 37 next term of the office. |
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114 | 114 | | 38 (2) Legislative offices: |
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115 | 115 | | 39 (A) State senator. |
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116 | 116 | | 40 (B) State representative. |
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117 | 117 | | 41 (3) Circuit offices and county judicial offices: |
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118 | 118 | | 42 (A) Judge of the circuit court, and unless otherwise specified |
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119 | 119 | | 2025 IN 508—LS 7582/DI 120 3 |
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120 | 120 | | 1 under IC 33, with each division separate if there is more than |
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121 | 121 | | 2 one (1) judge of the circuit court. |
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122 | 122 | | 3 (B) Judge of the superior court, and unless otherwise specified |
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123 | 123 | | 4 under IC 33, with each division separate if there is more than |
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124 | 124 | | 5 one (1) judge of the superior court. |
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125 | 125 | | 6 (C) Judge of the probate court. |
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126 | 126 | | 7 (D) Prosecuting attorney. |
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127 | 127 | | 8 (E) Clerk of the circuit court. |
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128 | 128 | | 9 (4) County offices: |
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129 | 129 | | 10 (A) County auditor. |
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130 | 130 | | 11 (B) County recorder. |
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131 | 131 | | 12 (C) County treasurer. |
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132 | 132 | | 13 (D) County sheriff. |
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133 | 133 | | 14 (E) County coroner. |
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134 | 134 | | 15 (F) County surveyor. |
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135 | 135 | | 16 (G) County assessor. This clause does not apply to elections |
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136 | 136 | | 17 in 2026 and thereafter. |
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137 | 137 | | 18 (H) County commissioner. |
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138 | 138 | | 19 (I) County council member. |
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139 | 139 | | 20 (5) Township offices: |
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140 | 140 | | 21 (A) Township assessor (only in a township referred to in |
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141 | 141 | | 22 IC 36-6-5-1(d)). This clause does not apply to elections in |
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142 | 142 | | 23 2026 and thereafter. |
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143 | 143 | | 24 (B) Township trustee. |
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144 | 144 | | 25 (C) Township board member. |
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145 | 145 | | 26 (D) Judge of the small claims court. |
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146 | 146 | | 27 (E) Constable of the small claims court. |
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147 | 147 | | 28 (6) City offices: |
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148 | 148 | | 29 (A) Mayor. |
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149 | 149 | | 30 (B) Clerk or clerk-treasurer. |
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150 | 150 | | 31 (C) Judge of the city court. |
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151 | 151 | | 32 (D) City-county council member or common council member. |
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152 | 152 | | 33 (7) Town offices: |
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153 | 153 | | 34 (A) Clerk-treasurer. |
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154 | 154 | | 35 (B) Judge of the town court. |
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155 | 155 | | 36 (C) Town council member. |
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156 | 156 | | 37 (b) If a major political party does not nominate a candidate for an |
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157 | 157 | | 38 office on a general, municipal, or special election ballot then the county |
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158 | 158 | | 39 election board may print "NO CANDIDATE FILED" in the place on |
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159 | 159 | | 40 the ballot where the name of the major political party's nominee would |
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160 | 160 | | 41 be printed. |
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161 | 161 | | 42 SECTION 4. IC 3-13-10-3 IS REPEALED [EFFECTIVE JULY 1, |
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162 | 162 | | 2025 IN 508—LS 7582/DI 120 4 |
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163 | 163 | | 1 2025]. Sec. 3. (a) This section applies to a vacancy in the office of |
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164 | 164 | | 2 township assessor not covered by section 1 of this chapter. |
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165 | 165 | | 3 (b) A vacancy shall be filled by the county assessor, subject to the |
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166 | 166 | | 4 approval of the department of local government finance. Except as |
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167 | 167 | | 5 provided in subsection (c), the county assessor shall make the |
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168 | 168 | | 6 appointment not later than thirty (30) days after the vacancy occurs. If |
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169 | 169 | | 7 the vacancy occurred because the elected township assessor failed to |
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170 | 170 | | 8 qualify or was removed, the person who is appointed must be of the |
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171 | 171 | | 9 same political party as the elected township assessor. |
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172 | 172 | | 10 (c) If a vacancy exists because of the death of the township assessor, |
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173 | 173 | | 11 the county assessor shall make the appointment required by subsection |
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174 | 174 | | 12 (b) not later than thirty (30) days after the county assessor receives |
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175 | 175 | | 13 notice of the death under IC 5-8-6. The county assessor may not fill the |
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176 | 176 | | 14 vacancy as required by subsection (b) until the county assessor receives |
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177 | 177 | | 15 notice of the death under IC 5-8-6. |
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178 | 178 | | 16 SECTION 5. IC 6-1.1-1-3.2 IS ADDED TO THE INDIANA CODE |
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179 | 179 | | 17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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180 | 180 | | 18 1, 2025]: Sec. 1.2. "Automated valuation model system" means a |
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181 | 181 | | 19 centralized system of automated valuation models that may be |
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182 | 182 | | 20 applied to property valuation. |
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183 | 183 | | 21 SECTION 6. IC 6-1.1-1-24 IS REPEALED [EFFECTIVE JULY 1, |
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184 | 184 | | 22 2025]. Sec. 24. If a transfer from a township assessor to the county |
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185 | 185 | | 23 assessor of the assessment duties prescribed by this article occurs as |
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186 | 186 | | 24 described in IC 36-2-15-5(c), a reference to the township assessor in |
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187 | 187 | | 25 this article is considered to be a reference to the county assessor. |
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188 | 188 | | 26 SECTION 7. IC 6-1.1-2-1 IS AMENDED TO READ AS |
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189 | 189 | | 27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as |
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190 | 190 | | 28 otherwise provided by law, Subject to subsections (b) and (c), all |
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191 | 191 | | 29 tangible property which is within the jurisdiction of this state on the |
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192 | 192 | | 30 assessment date of a year is subject to assessment and taxation for that |
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193 | 193 | | 31 year. |
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194 | 194 | | 32 (b) Notwithstanding any other provision of law, and except for |
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195 | 195 | | 33 agricultural land, tangible property that is within the jurisdiction |
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196 | 196 | | 34 of this state shall not be subject to cyclical reassessment under |
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197 | 197 | | 35 IC 6-1.1-4-4.2, annual adjustments under IC 6-1.1-4-4.5, or other |
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198 | 198 | | 36 assessment after December 31, 2025, and before the assessment |
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199 | 199 | | 37 date on which the department first begins conducting assessments |
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200 | 200 | | 38 using the automated valuation model system under IC 6-1.1-2.5-1. |
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201 | 201 | | 39 Instead, except for agricultural land, the assessed value of all |
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202 | 202 | | 40 tangible property for an assessment date after December 31, 2025, |
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203 | 203 | | 41 and before the department begins conducting assessments using the |
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204 | 204 | | 42 automated valuation model system under IC 6-1.1-2.5-1, shall be |
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205 | 205 | | 2025 IN 508—LS 7582/DI 120 5 |
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206 | 206 | | 1 equal to the assessed value of the property for the 2025 assessment |
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207 | 207 | | 2 date. |
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208 | 208 | | 3 (c) Nothing in this section may be construed as limiting or |
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209 | 209 | | 4 otherwise affecting: |
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210 | 210 | | 5 (1) the collection of any property taxes or penalties imposed; |
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211 | 211 | | 6 or |
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212 | 212 | | 7 (2) any property tax exemptions or property tax deductions |
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213 | 213 | | 8 allowed; |
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214 | 214 | | 9 under this article or any other law before January 1, 2026. |
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215 | 215 | | 10 SECTION 8. IC 6-1.1-2.5 IS ADDED TO THE INDIANA CODE |
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216 | 216 | | 11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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217 | 217 | | 12 JULY 1, 2025]: |
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218 | 218 | | 13 Chapter 2.5. Automated Valuation Model System |
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219 | 219 | | 14 Sec. 1. Except for agricultural land, beginning with the first |
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220 | 220 | | 15 assessment date that an automated valuation model system is |
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221 | 221 | | 16 operational for use, the department shall conduct the cyclical |
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222 | 222 | | 17 reassessment under IC 6-1.1-4-4.2, annual adjustments under |
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223 | 223 | | 18 IC 6-1.1-4-4.5, and all other assessments required under this title, |
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224 | 224 | | 19 for tangible property that is within the jurisdiction of this state by |
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225 | 225 | | 20 determining the true tax value of tangible property using the |
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226 | 226 | | 21 automated valuation model system developed under IC 6-1.1-30-20. |
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227 | 227 | | 22 Sec. 2. The department shall begin conducting assessments |
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228 | 228 | | 23 under this chapter using an automated valuation model system not |
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229 | 229 | | 24 later than the earlier of: |
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230 | 230 | | 25 (1) the first assessment date for which the automated |
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231 | 231 | | 26 valuation model system is operational for use; or |
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232 | 232 | | 27 (2) the 2036 assessment date. |
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233 | 233 | | 28 SECTION 9. IC 6-1.1-3-1, AS AMENDED BY P.L.249-2015, |
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234 | 234 | | 29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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235 | 235 | | 30 JULY 1, 2025]: Sec. 1. (a) Subject to IC 6-1.1-2-1, and except as |
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236 | 236 | | 31 provided in subsection (c), personal property which is owned by a |
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237 | 237 | | 32 person who is a resident of this state shall be assessed at the place |
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238 | 238 | | 33 where the owner resides on the assessment date of the year for which |
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239 | 239 | | 34 the assessment is made. |
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240 | 240 | | 35 (b) Subject to IC 6-1.1-2-1, and except as provided in subsection |
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241 | 241 | | 36 (c), personal property which is owned by a person who is not a resident |
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242 | 242 | | 37 of this state shall be assessed at the place where the owner's principal |
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243 | 243 | | 38 office within this state is located on the assessment date of the year for |
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244 | 244 | | 39 which the assessment is made. |
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245 | 245 | | 40 (c) Subject to IC 6-1.1-2-1, personal property shall be assessed at |
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246 | 246 | | 41 the place where it is situated on the assessment date of the year for |
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247 | 247 | | 42 which the assessment is made if the property is: |
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248 | 248 | | 2025 IN 508—LS 7582/DI 120 6 |
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249 | 249 | | 1 (1) regularly used or permanently located where it is situated; or |
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250 | 250 | | 2 (2) owned by a nonresident who does not have a principal office |
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251 | 251 | | 3 within this state. |
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252 | 252 | | 4 (d) If a personal property return is filed pursuant to subsection (c), |
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253 | 253 | | 5 the owner of the property shall provide, within forty-five (45) days after |
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254 | 254 | | 6 the filing deadline, a copy or other written evidence of the filing of the |
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255 | 255 | | 7 return to the assessor of the county in which the owner resides. If such |
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256 | 256 | | 8 evidence is not filed within forty-five (45) days after the filing |
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257 | 257 | | 9 deadline, the county assessor for the area where the owner resides shall |
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258 | 258 | | 10 determine if the owner filed a personal property return in the township |
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259 | 259 | | 11 or county where the property is situated. If such a return was filed, the |
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260 | 260 | | 12 property shall be assessed where it is situated. If such a return was not |
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261 | 261 | | 13 filed, the county assessor for the area where the owner resides shall |
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262 | 262 | | 14 notify the assessor of the township or county where the property is |
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263 | 263 | | 15 situated, and the property shall be assessed where it is situated. This |
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264 | 264 | | 16 subsection does not apply to a taxpayer who is required by the |
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265 | 265 | | 17 department of local government finance to file a summary of the |
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266 | 266 | | 18 taxpayer's business tangible personal property returns. |
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267 | 267 | | 19 SECTION 10. IC 6-1.1-4-4.2, AS AMENDED BY P.L.236-2023, |
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268 | 268 | | 20 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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269 | 269 | | 21 JULY 1, 2025]: Sec. 4.2. (a) Beginning after December 31, 2025, and |
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270 | 270 | | 22 ending with the assessment date on which the department first |
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271 | 271 | | 23 begins conducting assessments using the automated valuation |
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272 | 272 | | 24 model system under IC 6-1.1-2.5-1, a reassessment plan shall only |
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273 | 273 | | 25 be submitted for and applied to the reassessment of agricultural |
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274 | 274 | | 26 land. All other tangible real property, other than agricultural land, |
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275 | 275 | | 27 shall not be subject to reassessment under this section, beginning |
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276 | 276 | | 28 after December 31, 2025, and ending with the assessment date on |
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277 | 277 | | 29 which the department first begins conducting assessments using the |
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278 | 278 | | 30 automated valuation model system under IC 6-1.1-2.5-1. |
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279 | 279 | | 31 (b) The county assessor of each county shall, before July 1, 2013, |
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280 | 280 | | 32 and before May 1 of every fourth year thereafter, prepare and submit |
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281 | 281 | | 33 to the department of local government finance a reassessment plan for |
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282 | 282 | | 34 the county. The following apply to a reassessment plan prepared and |
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283 | 283 | | 35 submitted under this section: |
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284 | 284 | | 36 (1) The reassessment plan is subject to approval by the |
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285 | 285 | | 37 department of local government finance. The department of local |
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286 | 286 | | 38 government finance shall complete its review and approval of the |
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287 | 287 | | 39 reassessment plan before: |
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288 | 288 | | 40 (A) March 1, 2015; and |
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289 | 289 | | 41 (B) January 1 of each subsequent year that follows a year in |
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290 | 290 | | 42 which the reassessment plan is submitted by the county. |
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291 | 291 | | 2025 IN 508—LS 7582/DI 120 7 |
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292 | 292 | | 1 (2) The department of local government finance shall determine |
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293 | 293 | | 2 the classes of real property to be used for purposes of this section. |
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294 | 294 | | 3 (3) Except as provided in subsection (b), (c), the reassessment |
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295 | 295 | | 4 plan must divide all parcels of real property in the county into |
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296 | 296 | | 5 four (4) different groups of parcels. Each group of parcels must |
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297 | 297 | | 6 contain approximately twenty-five percent (25%) of the parcels |
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298 | 298 | | 7 within each class of real property in the county. |
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299 | 299 | | 8 (4) Except as provided in subsection (b), (c), all real property in |
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300 | 300 | | 9 each group of parcels shall be reassessed under the county's |
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301 | 301 | | 10 reassessment plan once during each four (4) year cycle. |
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302 | 302 | | 11 (5) The reassessment of a group of parcels in a particular class of |
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303 | 303 | | 12 real property shall begin on May 1 of a year. |
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304 | 304 | | 13 (6) The reassessment of parcels: |
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305 | 305 | | 14 (A) must include a physical inspection of each parcel of real |
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306 | 306 | | 15 property in the group of parcels that is being reassessed; and |
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307 | 307 | | 16 (B) shall be completed on or before January 1 of the year after |
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308 | 308 | | 17 the year in which the reassessment of the group of parcels |
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309 | 309 | | 18 begins. |
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310 | 310 | | 19 (7) For real property included in a group of parcels that is |
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311 | 311 | | 20 reassessed, the reassessment is the basis for taxes payable in the |
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312 | 312 | | 21 year following the year in which the reassessment is to be |
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313 | 313 | | 22 completed. |
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314 | 314 | | 23 (8) The reassessment plan must specify the dates by which the |
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315 | 315 | | 24 assessor must submit land values under section 13.6 of this |
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316 | 316 | | 25 chapter to the county property tax assessment board of appeals. |
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317 | 317 | | 26 (9) The department may not approve the reassessment plan until |
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318 | 318 | | 27 the assessor provides verification that the land values |
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319 | 319 | | 28 determination under section 13.6 of this chapter has been |
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320 | 320 | | 29 completed. |
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321 | 321 | | 30 (10) Subject to review and approval by the department of local |
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322 | 322 | | 31 government finance, the county assessor may modify the |
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323 | 323 | | 32 reassessment plan. |
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324 | 324 | | 33 (b) (c) A county may submit a reassessment plan that provides for |
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325 | 325 | | 34 reassessing more than twenty-five percent (25%) of all parcels of real |
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326 | 326 | | 35 property in the county in a particular year. A plan may provide that all |
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327 | 327 | | 36 parcels are to be reassessed in one (1) year. However, a plan must |
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328 | 328 | | 37 cover a four (4) year period. All real property in each group of parcels |
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329 | 329 | | 38 shall be reassessed under the county's reassessment plan once during |
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330 | 330 | | 39 each reassessment cycle. |
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331 | 331 | | 40 (c) (d) The reassessment of the first group of parcels under a |
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332 | 332 | | 41 county's reassessment plan shall begin on July 1, 2014, and shall be |
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333 | 333 | | 42 completed on or before January 1, 2015. |
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334 | 334 | | 2025 IN 508—LS 7582/DI 120 8 |
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335 | 335 | | 1 (d) (e) The department of local government finance may adopt rules |
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336 | 336 | | 2 to govern the reassessment of property under county reassessment |
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337 | 337 | | 3 plans. |
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338 | 338 | | 4 SECTION 11. IC 6-1.1-4-4.5, AS AMENDED BY P.L.8-2022, |
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339 | 339 | | 5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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340 | 340 | | 6 JULY 1, 2025]: Sec. 4.5. (a) Beginning after December 31, 2025, and |
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341 | 341 | | 7 ending with the assessment date on which the department first |
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342 | 342 | | 8 begins conducting assessments using the automated valuation |
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343 | 343 | | 9 model system under IC 6-1.1-2.5-1, only agricultural land shall be |
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344 | 344 | | 10 subject to annual adjustments under this section. All other tangible |
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345 | 345 | | 11 real property, other than agricultural land, shall not be subject to |
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346 | 346 | | 12 annual adjustments under this section, beginning after December |
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347 | 347 | | 13 31, 2025, and ending with the assessment date on which the |
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348 | 348 | | 14 department first begins conducting assessments using the |
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349 | 349 | | 15 automated valuation model system under IC 6-1.1-2.5-1. |
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350 | 350 | | 16 (b) The department of local government finance shall adopt rules |
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351 | 351 | | 17 establishing a system for annually adjusting the assessed value of real |
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352 | 352 | | 18 property to account for changes in value in those years since a |
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353 | 353 | | 19 reassessment under section 4.2 of this chapter for the property last took |
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354 | 354 | | 20 effect. |
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355 | 355 | | 21 (b) (c) Subject to subsection (f), subsections (a) and (g), the system |
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356 | 356 | | 22 must be applied to adjust assessed values beginning with the 2006 |
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357 | 357 | | 23 assessment date and each year thereafter that is not a year in which a |
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358 | 358 | | 24 reassessment under section 4.2 of this chapter for the property becomes |
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359 | 359 | | 25 effective. |
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360 | 360 | | 26 (c) (d) The rules adopted under subsection (a) (b) must include the |
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361 | 361 | | 27 following characteristics in the system: |
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362 | 362 | | 28 (1) Promote uniform and equal assessment of real property within |
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363 | 363 | | 29 and across classifications. |
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364 | 364 | | 30 (2) Require that assessing officials: |
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365 | 365 | | 31 (A) reevaluate the factors that affect value; |
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366 | 366 | | 32 (B) express the interactions of those factors mathematically; |
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367 | 367 | | 33 (C) use mass appraisal techniques to estimate updated property |
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368 | 368 | | 34 values within statistical measures of accuracy; and |
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369 | 369 | | 35 (D) provide notice to taxpayers of an assessment increase that |
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370 | 370 | | 36 results from the application of annual adjustments. |
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371 | 371 | | 37 (3) Prescribe procedures that permit the application of the |
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372 | 372 | | 38 adjustment percentages in an efficient manner by assessing |
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373 | 373 | | 39 officials. |
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374 | 374 | | 40 (d) (e) The department of local government finance must review and |
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375 | 375 | | 41 certify each annual adjustment determined under this section. |
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376 | 376 | | 42 (e) (f) For an assessment beginning after December 31, 2022, |
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377 | 377 | | 2025 IN 508—LS 7582/DI 120 9 |
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378 | 378 | | 1 agricultural improvements such as but not limited to barns, grain bins, |
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379 | 379 | | 2 or silos on land assessed as agricultural shall not be adjusted using |
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380 | 380 | | 3 factors, such as neighborhood delineation, that are appropriate for use |
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381 | 381 | | 4 in adjusting residential, commercial, and industrial real property. Those |
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382 | 382 | | 5 portions of agricultural parcels that include land and buildings not used |
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383 | 383 | | 6 for an agricultural purpose, such as homes, homesites, and excess |
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384 | 384 | | 7 residential land and commercial or industrial land and buildings, shall |
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385 | 385 | | 8 be adjusted by the factor or factors developed for other similar property |
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386 | 386 | | 9 within the geographic stratification. The residential portion of |
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387 | 387 | | 10 agricultural properties shall be adjusted by the factors applied to |
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388 | 388 | | 11 similar residential purposes. |
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389 | 389 | | 12 (f) (g) In making the annual determination of the base rate to satisfy |
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390 | 390 | | 13 the requirement for an annual adjustment for each assessment date, the |
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391 | 391 | | 14 department of local government finance shall not later than March 1 of |
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392 | 392 | | 15 each year determine the base rate using the methodology reflected in |
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393 | 393 | | 16 Table 2-18 of Book 1, Chapter 2 of the department of local government |
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394 | 394 | | 17 finance's Real Property Assessment Guidelines (as in effect on January |
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395 | 395 | | 18 1, 2005), except that the department shall adjust the methodology as |
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396 | 396 | | 19 follows: |
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397 | 397 | | 20 (1) Use a six (6) year rolling average adjusted under subdivision |
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398 | 398 | | 21 (3) instead of a four (4) year rolling average. |
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399 | 399 | | 22 (2) Use the data from the six (6) most recent years preceding the |
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400 | 400 | | 23 year in which the assessment date occurs for which data is |
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401 | 401 | | 24 available, before one (1) of those six (6) years is eliminated under |
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402 | 402 | | 25 subdivision (3) when determining the rolling average. |
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403 | 403 | | 26 (3) Eliminate in the calculation of the rolling average the year |
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404 | 404 | | 27 among the six (6) years for which the highest market value in use |
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405 | 405 | | 28 of agricultural land is determined. |
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406 | 406 | | 29 (4) After determining a preliminary base rate that would apply for |
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407 | 407 | | 30 the assessment date without applying the adjustment under this |
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408 | 408 | | 31 subdivision, the department of local government finance shall |
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409 | 409 | | 32 adjust the preliminary base rate as follows: |
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410 | 410 | | 33 (A) If the preliminary base rate for the assessment date would |
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411 | 411 | | 34 be at least ten percent (10%) greater than the final base rate |
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412 | 412 | | 35 determined for the preceding assessment date, a capitalization |
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413 | 413 | | 36 rate of eight percent (8%) shall be used to determine the final |
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414 | 414 | | 37 base rate. |
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415 | 415 | | 38 (B) If the preliminary base rate for the assessment date would |
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416 | 416 | | 39 be at least ten percent (10%) less than the final base rate |
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417 | 417 | | 40 determined for the preceding assessment date, a capitalization |
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418 | 418 | | 41 rate of six percent (6%) shall be used to determine the final |
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419 | 419 | | 42 base rate. |
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420 | 420 | | 2025 IN 508—LS 7582/DI 120 10 |
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421 | 421 | | 1 (C) If neither clause (A) nor clause (B) applies, a capitalization |
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422 | 422 | | 2 rate of seven percent (7%) shall be used to determine the final |
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423 | 423 | | 3 base rate. |
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424 | 424 | | 4 (D) In the case of a market value in use for a year that is used |
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425 | 425 | | 5 in the calculation of the six (6) year rolling average under |
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426 | 426 | | 6 subdivision (1) for purposes of determining the base rate for |
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427 | 427 | | 7 the assessment date: |
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428 | 428 | | 8 (i) that market value in use shall be recalculated by using the |
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429 | 429 | | 9 capitalization rate determined under clauses (A) through (C) |
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430 | 430 | | 10 for the calculation of the base rate for the assessment date; |
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431 | 431 | | 11 and |
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432 | 432 | | 12 (ii) the market value in use recalculated under item (i) shall |
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433 | 433 | | 13 be used in the calculation of the six (6) year rolling average |
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434 | 434 | | 14 under subdivision (1). |
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435 | 435 | | 15 (g) (h) For assessment dates after December 31, 2009, an |
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436 | 436 | | 16 adjustment in the assessed value of real property under this section |
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437 | 437 | | 17 shall be based on the estimated true tax value of the property on the |
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438 | 438 | | 18 assessment date that is the basis for taxes payable on that real property. |
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439 | 439 | | 19 (h) (i) The department shall release the department's annual |
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440 | 440 | | 20 determination of the base rate on or before March 1 of each year. |
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441 | 441 | | 21 SECTION 12. IC 6-1.1-4-27.5, AS AMENDED BY P.L.5-2015, |
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442 | 442 | | 22 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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443 | 443 | | 23 JANUARY 1, 2026]: Sec. 27.5. (a) The auditor of each county shall |
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444 | 444 | | 24 establish a property reassessment fund. The county treasurer shall |
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445 | 445 | | 25 deposit all collections resulting from the property taxes that the county |
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446 | 446 | | 26 levies for the county's property reassessment fund. |
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447 | 447 | | 27 (b) With respect to a reassessment of real property under a county's |
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448 | 448 | | 28 reassessment plan under section 4.2 of this chapter, the county council |
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449 | 449 | | 29 of each county shall, for property taxes due each year, levy against all |
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450 | 450 | | 30 the taxable property in the county an amount equal to the estimated |
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451 | 451 | | 31 costs of the reassessment under section 28.5 of this chapter for the |
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452 | 452 | | 32 group of parcels to be reassessed in that year. |
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453 | 453 | | 33 (c) The county assessor may petition the county fiscal body to |
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454 | 454 | | 34 increase the levy under subsection (b) to pay for the costs of: |
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455 | 455 | | 35 (1) a reassessment of one (1) or more groups of parcels under a |
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456 | 456 | | 36 county's reassessment plan prepared under section 4.2 of this |
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457 | 457 | | 37 chapter; |
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458 | 458 | | 38 (2) verification under 50 IAC 27-4-7 of sales disclosure forms |
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459 | 459 | | 39 forwarded to the county assessor under IC 6-1.1-5.5-3; or |
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460 | 460 | | 40 (3) processing annual adjustments under section 4.5 of this |
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461 | 461 | | 41 chapter. |
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462 | 462 | | 42 The assessor must document the needs and reasons for the increased |
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463 | 463 | | 2025 IN 508—LS 7582/DI 120 11 |
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464 | 464 | | 1 funding. |
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465 | 465 | | 2 (d) This subsection applies to an assessment date after |
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466 | 466 | | 3 December 31, 2025, and ending before the department begins |
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467 | 467 | | 4 conducting assessments using the automated valuation model |
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468 | 468 | | 5 system under IC 6-1.1-2.5-1. If a county fiscal body increased the |
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469 | 469 | | 6 levy under subsection (b) to pay for the costs of processing annual |
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470 | 470 | | 7 adjustments under section 4.5 of this chapter, the county fiscal |
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471 | 471 | | 8 body shall reduce the levy under subsection (b) by an amount equal |
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472 | 472 | | 9 to: |
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473 | 473 | | 10 (1) the amount of the prior increase imposed to pay for the |
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474 | 474 | | 11 costs of processing annual adjustments before January 1, |
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475 | 475 | | 12 2026; minus |
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476 | 476 | | 13 (2) the relative amount of the prior increase in subdivision (1) |
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477 | 477 | | 14 that is attributable to the costs of processing annual |
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478 | 478 | | 15 adjustments for agricultural land under section 4.5 of this |
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479 | 479 | | 16 chapter. |
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480 | 480 | | 17 (d) (e) If the county fiscal body denies a petition under subsection |
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481 | 481 | | 18 (c), the county assessor may appeal to the department of local |
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482 | 482 | | 19 government finance. The department of local government finance shall: |
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483 | 483 | | 20 (1) hear the appeal; and |
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484 | 484 | | 21 (2) determine whether the additional levy is necessary. |
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485 | 485 | | 22 SECTION 13. IC 6-1.1-15-1.1, AS AMENDED BY P.L.9-2024, |
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486 | 486 | | 23 SECTION 167, IS AMENDED TO READ AS FOLLOWS |
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487 | 487 | | 24 [EFFECTIVE UPON PASSAGE]: Sec. 1.1. (a) A taxpayer may appeal |
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488 | 488 | | 25 an assessment of a taxpayer's tangible property by filing a notice in |
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489 | 489 | | 26 writing with, before May 10, 2025, the township assessor, or the |
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490 | 490 | | 27 county assessor if the township is not served by a township assessor, |
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491 | 491 | | 28 and after May 9, 2025, with the county auditor. Except as provided |
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492 | 492 | | 29 in subsections (e) and (h), an appeal under this section may raise any |
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493 | 493 | | 30 claim of an error related to the following: |
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494 | 494 | | 31 (1) The assessed value of the property. |
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495 | 495 | | 32 (2) The assessment was against the wrong person. |
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496 | 496 | | 33 (3) The approval denial or omission of a deduction, credit, |
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497 | 497 | | 34 exemption, abatement, or tax cap. |
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498 | 498 | | 35 (4) A clerical, mathematical, or typographical mistake. |
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499 | 499 | | 36 (5) The description of the real property. |
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500 | 500 | | 37 (6) The legality or constitutionality of a property tax or |
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501 | 501 | | 38 assessment. |
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502 | 502 | | 39 A written notice under this section must be made on a form designated |
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503 | 503 | | 40 by the department of local government finance. A taxpayer must file a |
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504 | 504 | | 41 separate petition for each parcel. |
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505 | 505 | | 42 (b) A taxpayer may appeal an error in the assessed value of the |
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506 | 506 | | 2025 IN 508—LS 7582/DI 120 12 |
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507 | 507 | | 1 property under subsection (a)(1) any time after the official's action, but |
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508 | 508 | | 2 not later than the following: |
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509 | 509 | | 3 (1) For assessments before January 1, 2019, the earlier of: |
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510 | 510 | | 4 (A) forty-five (45) days after the date on which the notice of |
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511 | 511 | | 5 assessment is mailed by the county; or |
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512 | 512 | | 6 (B) forty-five (45) days after the date on which the tax |
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513 | 513 | | 7 statement is mailed by the county treasurer, regardless of |
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514 | 514 | | 8 whether the assessing official changes the taxpayer's |
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515 | 515 | | 9 assessment. |
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516 | 516 | | 10 (2) For assessments of real property, after December 31, 2018, the |
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517 | 517 | | 11 earlier of: |
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518 | 518 | | 12 (A) June 15 of the assessment year, if the notice of assessment |
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519 | 519 | | 13 is mailed by the county before May 1 of the assessment year; |
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520 | 520 | | 14 or |
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521 | 521 | | 15 (B) June 15 of the year in which the tax statement is mailed by |
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522 | 522 | | 16 the county treasurer, if the notice of assessment is mailed by |
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523 | 523 | | 17 the county on or after May 1 of the assessment year. |
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524 | 524 | | 18 (3) For assessments of personal property, forty-five (45) days after |
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525 | 525 | | 19 the date on which the county mails the notice under |
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526 | 526 | | 20 IC 6-1.1-3-20. |
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527 | 527 | | 21 A taxpayer may appeal an error in the assessment under subsection |
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528 | 528 | | 22 (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6) not later than three (3) years after |
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529 | 529 | | 23 the taxes were first due. |
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530 | 530 | | 24 (c) Except as provided in subsection (d), an appeal under this |
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531 | 531 | | 25 section applies only to the tax year corresponding to the tax statement |
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532 | 532 | | 26 or other notice of action. |
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533 | 533 | | 27 (d) An appeal under this section applies to a prior tax year if a |
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534 | 534 | | 28 county official took action regarding a prior tax year, and such action |
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535 | 535 | | 29 is reflected for the first time in the tax statement. A taxpayer who has |
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536 | 536 | | 30 timely filed a written notice of appeal under this section may be |
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537 | 537 | | 31 required to file a petition for each tax year, and each petition filed later |
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538 | 538 | | 32 must be considered timely. |
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539 | 539 | | 33 (e) A taxpayer may not appeal under this section any claim of error |
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540 | 540 | | 34 related to the following: |
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541 | 541 | | 35 (1) The denial of a deduction, exemption, abatement, or credit if |
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542 | 542 | | 36 the authority to approve or deny is not vested in the county board, |
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543 | 543 | | 37 county auditor, county assessor, or township assessor. |
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544 | 544 | | 38 (2) The calculation of interest and penalties. |
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545 | 545 | | 39 (3) A matter under subsection (a) if a separate appeal or review |
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546 | 546 | | 40 process is statutorily prescribed. |
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547 | 547 | | 41 However, a claim may be raised under this section regarding the |
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548 | 548 | | 42 omission or application of a deduction approved by an authority other |
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549 | 549 | | 2025 IN 508—LS 7582/DI 120 13 |
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550 | 550 | | 1 than the county board, county auditor, county assessor, or township |
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551 | 551 | | 2 assessor. |
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552 | 552 | | 3 (f) The filing of a written notice under this section constitutes a |
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553 | 553 | | 4 request by the taxpayer for a preliminary informal meeting with: |
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554 | 554 | | 5 (1) in the case of a notice filed before May 10, 2025, the |
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555 | 555 | | 6 township assessor, or the county assessor if the township is not |
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556 | 556 | | 7 served by a township assessor; and |
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557 | 557 | | 8 (2) in the case of a notice filed after May 9, 2025, the county |
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558 | 558 | | 9 auditor. |
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559 | 559 | | 10 (g) A county or township official, or county auditor, as applicable, |
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560 | 560 | | 11 who receives a written notice under this section shall forward the |
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561 | 561 | | 12 notice to: |
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562 | 562 | | 13 (1) the county board; and |
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563 | 563 | | 14 (2) in the case of a notice filed with a county or township |
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564 | 564 | | 15 official before May 10, 2025, the county auditor. if the taxpayer |
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565 | 565 | | 16 raises a claim regarding a matter that is in the discretion of the |
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566 | 566 | | 17 county auditor. |
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567 | 567 | | 18 (h) A taxpayer may not raise any claim in an appeal under this |
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568 | 568 | | 19 section related to the legality or constitutionality of: |
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569 | 569 | | 20 (1) a user fee (as defined in IC 33-23-1-10.5); |
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570 | 570 | | 21 (2) any other charge, fee, or rate imposed by a political |
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571 | 571 | | 22 subdivision under any other law; or |
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572 | 572 | | 23 (3) any tax imposed by a political subdivision other than a |
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573 | 573 | | 24 property tax. |
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574 | 574 | | 25 (i) This subsection applies only to an appeal based on a claim of |
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575 | 575 | | 26 error in the determination of property that is or is not eligible for a |
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576 | 576 | | 27 standard homestead deduction under IC 6-1.1-12-37 and only for an |
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577 | 577 | | 28 assessment date occurring before January 1, 2024. A taxpayer may |
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578 | 578 | | 29 appeal an error in the assessment of property as described in this |
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579 | 579 | | 30 subsection any time after the official's action, but not later than one (1) |
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580 | 580 | | 31 year after the date on which the property that is the subject of the |
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581 | 581 | | 32 appeal was assessed. |
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582 | 582 | | 33 SECTION 14. IC 6-1.1-15-1.2, AS AMENDED BY P.L.9-2024, |
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583 | 583 | | 34 SECTION 168, IS AMENDED TO READ AS FOLLOWS |
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584 | 584 | | 35 [EFFECTIVE UPON PASSAGE]: Sec. 1.2. (a) A county or township |
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585 | 585 | | 36 official, or county auditor, as applicable, who receives a written |
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586 | 586 | | 37 notice under section 1.1 of this chapter shall schedule, at a time during |
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587 | 587 | | 38 business hours that is convenient to the taxpayer, a preliminary |
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588 | 588 | | 39 informal meeting with the taxpayer in order to resolve the appeal. If the |
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589 | 589 | | 40 taxpayer raises a claim regarding a matter that is in the discretion of the |
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590 | 590 | | 41 county auditor, the An informal meeting held after May 9, 2025, must |
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591 | 591 | | 42 include the county auditor, if the county auditor did not receive the |
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592 | 592 | | 2025 IN 508—LS 7582/DI 120 14 |
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593 | 593 | | 1 written notice under section 1.1 of this chapter. At the preliminary |
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594 | 594 | | 2 informal meeting, in order to facilitate understanding and the resolution |
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595 | 595 | | 3 of disputed issues: |
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596 | 596 | | 4 (1) a county or township official; |
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597 | 597 | | 5 (2) the county auditor; if the matter is in the discretion of the |
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598 | 598 | | 6 county auditor; and |
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599 | 599 | | 7 (3) the taxpayer; |
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600 | 600 | | 8 shall exchange the information that each party is relying on at the time |
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601 | 601 | | 9 of the preliminary informal meeting to support the party's respective |
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602 | 602 | | 10 position on each disputed issue concerning the assessment or |
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603 | 603 | | 11 deduction. If additional information is obtained by the county or |
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604 | 604 | | 12 township official, the county auditor, or the taxpayer after the |
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605 | 605 | | 13 preliminary informal meeting and before the hearing held by the county |
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606 | 606 | | 14 board, the party obtaining the information shall provide the information |
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607 | 607 | | 15 to the other party. If the county or township official, the county auditor, |
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608 | 608 | | 16 or the taxpayer obtains additional information and provides the |
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609 | 609 | | 17 information to the other party for the first time at the hearing held by |
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610 | 610 | | 18 the county board, the county board, unless waived by the receiving |
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611 | 611 | | 19 party, shall continue the hearing until a future hearing date of the |
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612 | 612 | | 20 county board so that the receiving party has an opportunity to review |
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613 | 613 | | 21 all the information that the offering party is relying on to support the |
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614 | 614 | | 22 offering party's positions on the disputed issues concerning the |
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615 | 615 | | 23 assessment or deduction. |
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616 | 616 | | 24 (b) The official or county auditor, as applicable, shall report on a |
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617 | 617 | | 25 form prescribed by the department of local government finance the |
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618 | 618 | | 26 results of the informal meeting. If the taxpayer and the official or |
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619 | 619 | | 27 county auditor, as applicable, agree on the resolution of all issues in |
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620 | 620 | | 28 the appeal, the report shall state the agreed resolution of the matter and |
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621 | 621 | | 29 be signed by the official or county auditor, as applicable, and the |
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622 | 622 | | 30 taxpayer. If an informal meeting is not held, or the informal meeting is |
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623 | 623 | | 31 unsuccessful, the official or county auditor, as applicable, shall |
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624 | 624 | | 32 report those facts on the form. The official or county auditor, as |
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625 | 625 | | 33 applicable, shall forward the report on the informal meeting to the |
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626 | 626 | | 34 county board. |
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627 | 627 | | 35 (c) If the county board receives a report on the informal meeting |
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628 | 628 | | 36 indicating an agreed resolution of the matter, the county board shall |
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629 | 629 | | 37 vote to accept or deny the agreed resolution. If the county board accepts |
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630 | 630 | | 38 the agreed resolution, the county board shall issue a notification of final |
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631 | 631 | | 39 assessment determination adopting the agreed resolution and vacating |
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632 | 632 | | 40 the hearing if scheduled. |
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633 | 633 | | 41 (d) The county board, upon receipt of a written notice under section |
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634 | 634 | | 42 1.1 of this chapter, shall hold a hearing on the appeal not later than one |
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635 | 635 | | 2025 IN 508—LS 7582/DI 120 15 |
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636 | 636 | | 1 hundred eighty (180) days after the filing date of the written notice. |
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637 | 637 | | 2 The county board shall, by mail, give at least thirty (30) days notice of |
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638 | 638 | | 3 the date, time, and place fixed for the hearing to the taxpayer, the |
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639 | 639 | | 4 county or township official with whom the taxpayer filed the written |
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640 | 640 | | 5 notice, and the county auditor. If the county board has notice that the |
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641 | 641 | | 6 taxpayer is represented by a third person, any hearing notice shall be |
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642 | 642 | | 7 mailed to the representative. |
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643 | 643 | | 8 (e) If good cause is shown, the county board shall grant a request for |
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644 | 644 | | 9 continuance filed in writing at least ten (10) days before the hearing, |
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645 | 645 | | 10 and reschedule the hearing under subsection (d). |
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646 | 646 | | 11 (f) A taxpayer may withdraw an appeal by filing a written request |
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647 | 647 | | 12 at least ten (10) days before the hearing. The county board shall issue |
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648 | 648 | | 13 a notification of final assessment determination indicating the |
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649 | 649 | | 14 withdrawal and no change in the assessment. A withdrawal waives a |
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650 | 650 | | 15 taxpayer's right to appeal to the Indiana board. |
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651 | 651 | | 16 (g) The county board shall determine an appeal without a hearing if |
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652 | 652 | | 17 requested by the taxpayer in writing at least twenty (20) days before the |
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653 | 653 | | 18 hearing. |
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654 | 654 | | 19 (h) If a taxpayer appeals the assessment of tangible property under |
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655 | 655 | | 20 section 1.1 of this chapter, the taxpayer is not required to have an |
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656 | 656 | | 21 appraisal of the property in order to initiate the appeal or prosecute the |
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657 | 657 | | 22 appeal. If the taxpayer presents an appraisal to the county board that: |
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658 | 658 | | 23 (1) is prepared by a certified appraiser in compliance with the |
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659 | 659 | | 24 Uniform Standards of Professional Appraisal Practice to |
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660 | 660 | | 25 determine the market value in use; |
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661 | 661 | | 26 (2) is addressed to the property owner or the assessor's office; |
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662 | 662 | | 27 (3) is commissioned for the purpose of the assessment appeal; and |
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663 | 663 | | 28 (4) has an effective date that is the same date as the date of the |
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664 | 664 | | 29 assessment that is the subject of the appeal; |
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665 | 665 | | 30 the value of the property contained in the appraisal is presumed to be |
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666 | 666 | | 31 correct. If the county board disagrees with the taxpayer's appraisal, the |
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667 | 667 | | 32 county board may seek review of the appraisal by a third party |
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668 | 668 | | 33 independent certified appraiser or obtain an independent appraisal |
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669 | 669 | | 34 report conducted by a certified appraiser in compliance with the |
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670 | 670 | | 35 Uniform Standards of Professional Appraisal Practice. If the county |
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671 | 671 | | 36 board's appraisal differs from the taxpayer's appraisal, the county board |
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672 | 672 | | 37 shall weigh the evidence and determine the true tax value of the |
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673 | 673 | | 38 property based on the totality of the probative evidence before the |
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674 | 674 | | 39 county board. The county board's determination of the property's true |
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675 | 675 | | 40 tax value may be higher or lower than the assessment but may not be |
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676 | 676 | | 41 lower than the lowest appraisal presented to or obtained by the county |
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677 | 677 | | 42 board, or higher than the highest appraisal presented to or obtained by |
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678 | 678 | | 2025 IN 508—LS 7582/DI 120 16 |
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679 | 679 | | 1 the county board. After the assignment of value, the parties shall retain |
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680 | 680 | | 2 their rights to appeal the assessment or assessments to the Indiana |
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681 | 681 | | 3 board, which must hear the appeal de novo. |
---|
682 | 682 | | 4 (i) At a hearing under subsection (d), the taxpayer shall have the |
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683 | 683 | | 5 opportunity to present testimony and evidence regarding the matters on |
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684 | 684 | | 6 appeal. If the matters on appeal are in the discretion of the county |
---|
685 | 685 | | 7 auditor, The county auditor or the county auditor's representative shall |
---|
686 | 686 | | 8 attend the hearing. A county or township official, or the county auditor |
---|
687 | 687 | | 9 or the county auditor's representative, shall have an opportunity to |
---|
688 | 688 | | 10 present testimony and evidence regarding the matters on appeal. The |
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689 | 689 | | 11 county board may adjourn and continue the hearing to a later date in |
---|
690 | 690 | | 12 order to make a physical inspection or consider the evidence presented. |
---|
691 | 691 | | 13 (j) The county board shall determine the assessment by motion and |
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692 | 692 | | 14 majority vote. Except as provided in subsection (m), a county board |
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693 | 693 | | 15 may, based on the evidence before it, increase an assessment. The |
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694 | 694 | | 16 county board shall issue a written decision. Written notice of the |
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695 | 695 | | 17 decision shall be given to the township official, county official, county |
---|
696 | 696 | | 18 auditor, and the taxpayer. |
---|
697 | 697 | | 19 (k) If more than one hundred eighty (180) days have passed since |
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698 | 698 | | 20 the date the notice of appeal was filed, and the county board has not |
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699 | 699 | | 21 issued a determination, a taxpayer may initiate any appeal with the |
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700 | 700 | | 22 Indiana board of tax review under section 3 of this chapter. |
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701 | 701 | | 23 (l) The county assessor or county auditor, as applicable, may |
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702 | 702 | | 24 assess a penalty of fifty dollars ($50) against the taxpayer if the |
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703 | 703 | | 25 taxpayer or representative fails to appear at a hearing under subsection |
---|
704 | 704 | | 26 (d) and, under subsection (e), the taxpayer's request for continuance is |
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705 | 705 | | 27 denied, or the taxpayer's request for continuance, request for the board |
---|
706 | 706 | | 28 to take action without a hearing, or withdrawal is not timely filed. A |
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707 | 707 | | 29 taxpayer may appeal the assessment of the penalty to the Indiana board |
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708 | 708 | | 30 or directly to the tax court. The penalty may not be added as an amount |
---|
709 | 709 | | 31 owed on the property tax statement under IC 6-1.1-22 or IC 6-1.1-22.5. |
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710 | 710 | | 32 (m) The determination of an appealed assessed value of tangible |
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711 | 711 | | 33 property by a county or township official, or county auditor, as |
---|
712 | 712 | | 34 applicable, resulting from an informal meeting under subsection (a), |
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713 | 713 | | 35 or by a county board resulting from an appeal hearing under subsection |
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714 | 714 | | 36 (d), may be less than or equal to the tangible property's original |
---|
715 | 715 | | 37 appealed assessed value at issue, but may not exceed the original |
---|
716 | 716 | | 38 appealed assessed value at issue. However, an increase in assessed |
---|
717 | 717 | | 39 value that is attributable to substantial renovation, new improvements, |
---|
718 | 718 | | 40 zoning change, or use change is excluded from the limitation under this |
---|
719 | 719 | | 41 subsection. |
---|
720 | 720 | | 42 SECTION 15. IC 6-1.1-15-3, AS AMENDED BY P.L.154-2020, |
---|
721 | 721 | | 2025 IN 508—LS 7582/DI 120 17 |
---|
722 | 722 | | 1 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
723 | 723 | | 2 UPON PASSAGE]: Sec. 3. (a) A taxpayer may obtain a review by the |
---|
724 | 724 | | 3 Indiana board of: |
---|
725 | 725 | | 4 (1) a county board's action with respect to a claim under section |
---|
726 | 726 | | 5 1.1 of this chapter; or |
---|
727 | 727 | | 6 (2) a denial by the county auditor, the county assessor, or the |
---|
728 | 728 | | 7 county treasurer of a claim for refund under IC 6-1.1-9-10(c)(2) |
---|
729 | 729 | | 8 that is appealed to the Indiana board as authorized in |
---|
730 | 730 | | 9 IC 6-1.1-26-2.1(d)(2). |
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731 | 731 | | 10 (b) The county assessor (before the abolishment of the office) and |
---|
732 | 732 | | 11 the county auditor is the party are parties to a review under |
---|
733 | 733 | | 12 subsection (a)(1) to defend the determination of the county board. The |
---|
734 | 734 | | 13 county auditor may appear as an additional party to the review if the |
---|
735 | 735 | | 14 determination concerns a matter that is in the discretion of the county |
---|
736 | 736 | | 15 auditor. At the time the notice of that determination is given to the |
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737 | 737 | | 16 taxpayer, the taxpayer shall also be informed in writing of: |
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738 | 738 | | 17 (1) the taxpayer's opportunity for review under subsection (a)(1); |
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739 | 739 | | 18 and |
---|
740 | 740 | | 19 (2) the procedures the taxpayer must follow in order to obtain |
---|
741 | 741 | | 20 review under this section. |
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742 | 742 | | 21 (c) A county assessor or county auditor who dissents from the |
---|
743 | 743 | | 22 determination of the county board may obtain a review by the Indiana |
---|
744 | 744 | | 23 board. A county auditor who dissents from the determination of the |
---|
745 | 745 | | 24 county board concerning a matter that is in the discretion of the county |
---|
746 | 746 | | 25 auditor may obtain a review by the Indiana board. |
---|
747 | 747 | | 26 (d) In order to obtain a review by the Indiana board under |
---|
748 | 748 | | 27 subsection (a)(1), the party must, not later than forty-five (45) days |
---|
749 | 749 | | 28 after the date of the notice given to the party or parties of the |
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750 | 750 | | 29 determination of the county board: |
---|
751 | 751 | | 30 (1) file a petition for review with the Indiana board; and |
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752 | 752 | | 31 (2) mail a copy of the petition to the other party. |
---|
753 | 753 | | 32 (e) The Indiana board shall prescribe the form of the petition for |
---|
754 | 754 | | 33 review under this chapter. The Indiana board shall issue instructions for |
---|
755 | 755 | | 34 completion of the form. The form and the instructions must be clear, |
---|
756 | 756 | | 35 simple, and understandable to the average individual. A petition for |
---|
757 | 757 | | 36 review of such a determination must be made on the form prescribed |
---|
758 | 758 | | 37 by the Indiana board. The form must require the petitioner to specify |
---|
759 | 759 | | 38 the reasons why the petitioner believes that the determination by the |
---|
760 | 760 | | 39 county board is erroneous. |
---|
761 | 761 | | 40 (f) If the action for which a taxpayer seeks review under this section |
---|
762 | 762 | | 41 is the assessment of tangible property, the taxpayer is not required to |
---|
763 | 763 | | 42 have an appraisal of the property in order to do the following: |
---|
764 | 764 | | 2025 IN 508—LS 7582/DI 120 18 |
---|
765 | 765 | | 1 (1) Initiate the review. |
---|
766 | 766 | | 2 (2) Prosecute the review. |
---|
767 | 767 | | 3 (g) If an owner petitions the Indiana board under IC 6-1.1-11-7(d), |
---|
768 | 768 | | 4 the Indiana board is authorized to approve or disapprove an exemption |
---|
769 | 769 | | 5 application: |
---|
770 | 770 | | 6 (1) previously submitted to a county board under IC 6-1.1-11-6; |
---|
771 | 771 | | 7 and |
---|
772 | 772 | | 8 (2) that is not approved or disapproved by the county board within |
---|
773 | 773 | | 9 one hundred eighty (180) days after the owner filed the |
---|
774 | 774 | | 10 application for exemption under IC 6-1.1-11. |
---|
775 | 775 | | 11 The county assessor (before the abolishment of the office) and after |
---|
776 | 776 | | 12 May 9, 2025, the county auditor, is a party are parties to a petition |
---|
777 | 777 | | 13 to the Indiana board under IC 6-1.1-11-7(d). |
---|
778 | 778 | | 14 (h) This subsection applies only to the review by the Indiana board |
---|
779 | 779 | | 15 of a denial of a refund claim described in subsection (a)(2). The county |
---|
780 | 780 | | 16 assessor (before the abolishment of the office) and after May 9, |
---|
781 | 781 | | 17 2025, the county auditor, is the party are parties to a review under |
---|
782 | 782 | | 18 subsection (a)(2) to defend the denial of the refund under |
---|
783 | 783 | | 19 IC 6-1.1-26-2.1. In order to obtain a review by the Indiana board under |
---|
784 | 784 | | 20 subsection (a)(2), the taxpayer must, within forty-five (45) days of the |
---|
785 | 785 | | 21 notice of denial under IC 6-1.1-26-2.1(d): |
---|
786 | 786 | | 22 (1) file a petition for review with the Indiana board; and |
---|
787 | 787 | | 23 (2) mail a copy of the petition to the county auditor. |
---|
788 | 788 | | 24 SECTION 16. IC 6-1.1-15-4, AS AMENDED BY P.L.156-2020, |
---|
789 | 789 | | 25 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
790 | 790 | | 26 UPON PASSAGE]: Sec. 4. (a) After receiving a petition for review |
---|
791 | 791 | | 27 which is filed under section 3 of this chapter, the Indiana board shall |
---|
792 | 792 | | 28 conduct a hearing at its earliest opportunity. The Indiana board may |
---|
793 | 793 | | 29 correct any errors related to a claim under section 1.1 of this chapter |
---|
794 | 794 | | 30 that is within the jurisdiction of the Indiana board under IC 6-1.5-4-1. |
---|
795 | 795 | | 31 (b) If the Indiana board conducts a site inspection of the property as |
---|
796 | 796 | | 32 part of its review of the petition, the Indiana board shall give notice to |
---|
797 | 797 | | 33 all parties of the date and time of the site inspection. The Indiana board |
---|
798 | 798 | | 34 is not required to assess the property in question. The Indiana board |
---|
799 | 799 | | 35 shall give notice of the date fixed for the hearing, by mail, to the parties |
---|
800 | 800 | | 36 or a party's representative. The Indiana board shall give these notices |
---|
801 | 801 | | 37 at least thirty (30) days before the day fixed for the hearing unless the |
---|
802 | 802 | | 38 parties agree to a shorter period. With respect to a petition for review |
---|
803 | 803 | | 39 filed by a county assessor or county auditor, the county board that |
---|
804 | 804 | | 40 made the determination under review under this section may file an |
---|
805 | 805 | | 41 amicus curiae brief in the review proceeding under this section. The |
---|
806 | 806 | | 42 expenses incurred by the county board in filing the amicus curiae brief |
---|
807 | 807 | | 2025 IN 508—LS 7582/DI 120 19 |
---|
808 | 808 | | 1 shall be paid from the property reassessment fund under |
---|
809 | 809 | | 2 IC 6-1.1-4-27.5 of the county in which the property is located. The |
---|
810 | 810 | | 3 executive of a taxing unit may file an amicus curiae brief in the review |
---|
811 | 811 | | 4 proceeding under this section if the property that is the subject of the |
---|
812 | 812 | | 5 appeal is subject to assessment by that taxing unit. |
---|
813 | 813 | | 6 (c) If a petition for review does not comply with the Indiana board's |
---|
814 | 814 | | 7 instructions for completing the form prescribed under section 3 of this |
---|
815 | 815 | | 8 chapter, the Indiana board shall return the petition to the petitioner and |
---|
816 | 816 | | 9 include a notice describing the defect in the petition. The petitioner |
---|
817 | 817 | | 10 then has thirty (30) days from the date on the notice to cure the defect |
---|
818 | 818 | | 11 and file a corrected petition. The Indiana board shall deny a corrected |
---|
819 | 819 | | 12 petition for review if it does not substantially comply with the Indiana |
---|
820 | 820 | | 13 board's instructions for completing the form prescribed under section |
---|
821 | 821 | | 14 3 of this chapter. |
---|
822 | 822 | | 15 (d) After the hearing, the Indiana board shall give the parties and |
---|
823 | 823 | | 16 any entity that filed an amicus curiae brief, or their representatives: |
---|
824 | 824 | | 17 (1) notice, by mail, of its final determination; and |
---|
825 | 825 | | 18 (2) for parties entitled to appeal the final determination, notice of |
---|
826 | 826 | | 19 the procedures they must follow in order to obtain court review |
---|
827 | 827 | | 20 under section 5 of this chapter. |
---|
828 | 828 | | 21 (e) The Indiana board shall conduct a hearing not later than one (1) |
---|
829 | 829 | | 22 year after a petition in proper form is filed with the Indiana board. |
---|
830 | 830 | | 23 (f) The Indiana board shall issue a determination not later than the |
---|
831 | 831 | | 24 later of: |
---|
832 | 832 | | 25 (1) ninety (90) days after the hearing; or |
---|
833 | 833 | | 26 (2) the date set in an extension order issued by the Indiana board. |
---|
834 | 834 | | 27 The board may not extend the date by more than one hundred |
---|
835 | 835 | | 28 eighty (180) days. |
---|
836 | 836 | | 29 (g) The time periods described in subsections (e) and (f) do not |
---|
837 | 837 | | 30 include any period of time that is attributable to a party's: |
---|
838 | 838 | | 31 (1) request for a continuance, stay, extension, or summary |
---|
839 | 839 | | 32 disposition; |
---|
840 | 840 | | 33 (2) consent to a case management order, stipulated record, or |
---|
841 | 841 | | 34 proposed hearing date; |
---|
842 | 842 | | 35 (3) failure to comply with the board's orders or rules; or |
---|
843 | 843 | | 36 (4) waiver of a deadline. |
---|
844 | 844 | | 37 (h) If the Indiana board fails to take action required under |
---|
845 | 845 | | 38 subsection (e) or (f), the entity that initiated the petition may: |
---|
846 | 846 | | 39 (1) take no action and wait for the Indiana board to hear the |
---|
847 | 847 | | 40 matter and issue a final determination; or |
---|
848 | 848 | | 41 (2) petition for judicial review under section 5 of this chapter. |
---|
849 | 849 | | 42 (i) This subsection applies when the board has not held a hearing. |
---|
850 | 850 | | 2025 IN 508—LS 7582/DI 120 20 |
---|
851 | 851 | | 1 A person may not seek judicial review under subsection (h)(2) until: |
---|
852 | 852 | | 2 (1) the person requests a hearing in writing; and |
---|
853 | 853 | | 3 (2) sixty (60) days have passed after the person requests a hearing |
---|
854 | 854 | | 4 under subdivision (1) and the matter has not been heard or |
---|
855 | 855 | | 5 otherwise extended under subsection (g). |
---|
856 | 856 | | 6 (j) A final determination must include separately stated findings of |
---|
857 | 857 | | 7 fact for all aspects of the determination. Findings of ultimate fact must |
---|
858 | 858 | | 8 be accompanied by a concise statement of the underlying basic facts of |
---|
859 | 859 | | 9 record to support the findings. Findings must be based exclusively |
---|
860 | 860 | | 10 upon the evidence on the record in the proceeding and on matters |
---|
861 | 861 | | 11 officially noticed in the proceeding. Findings must be based upon a |
---|
862 | 862 | | 12 preponderance of the evidence. |
---|
863 | 863 | | 13 (k) The Indiana board may limit the scope of the appeal to the issues |
---|
864 | 864 | | 14 raised in the petition and the evaluation of the evidence presented to |
---|
865 | 865 | | 15 the county board in support of those issues only if all parties |
---|
866 | 866 | | 16 participating in the hearing required under subsection (a) agree to the |
---|
867 | 867 | | 17 limitation. A party participating in the hearing required under |
---|
868 | 868 | | 18 subsection (a) is entitled to introduce evidence that is otherwise proper |
---|
869 | 869 | | 19 and admissible without regard to whether that evidence has previously |
---|
870 | 870 | | 20 been introduced at a hearing before the county board. |
---|
871 | 871 | | 21 (l) The Indiana board may require the parties to the appeal: |
---|
872 | 872 | | 22 (1) to file not more than five (5) business days before the date of |
---|
873 | 873 | | 23 the hearing required under subsection (a) documentary evidence |
---|
874 | 874 | | 24 or summaries of statements of testimonial evidence; and |
---|
875 | 875 | | 25 (2) to file not more than fifteen (15) business days before the date |
---|
876 | 876 | | 26 of the hearing required under subsection (a) lists of witnesses and |
---|
877 | 877 | | 27 exhibits to be introduced at the hearing. |
---|
878 | 878 | | 28 (m) A party to a proceeding before the Indiana board shall provide |
---|
879 | 879 | | 29 to all other parties to the proceeding the information described in |
---|
880 | 880 | | 30 subsection (l) if the other party requests the information in writing at |
---|
881 | 881 | | 31 least ten (10) days before the deadline for filing of the information |
---|
882 | 882 | | 32 under subsection (l). |
---|
883 | 883 | | 33 (n) The Indiana board may base its final determination on a |
---|
884 | 884 | | 34 stipulation between the respondent and the petitioner. If the final |
---|
885 | 885 | | 35 determination is based on a stipulated assessed valuation of tangible |
---|
886 | 886 | | 36 property, the Indiana board may order the placement of a notation on |
---|
887 | 887 | | 37 the permanent assessment record of the tangible property that the |
---|
888 | 888 | | 38 assessed valuation was determined by stipulation. The Indiana board |
---|
889 | 889 | | 39 may: |
---|
890 | 890 | | 40 (1) order that a final determination under this subsection has no |
---|
891 | 891 | | 41 precedential value; or |
---|
892 | 892 | | 42 (2) specify a limited precedential value of a final determination |
---|
893 | 893 | | 2025 IN 508—LS 7582/DI 120 21 |
---|
894 | 894 | | 1 under this subsection. |
---|
895 | 895 | | 2 (o) If a party to a proceeding, or a party's authorized representative, |
---|
896 | 896 | | 3 elects to receive any notice under this section by electronic mail, the |
---|
897 | 897 | | 4 notice is considered effective in the same manner as if the notice had |
---|
898 | 898 | | 5 been sent by United States mail, with postage prepaid, to the party's or |
---|
899 | 899 | | 6 representative's mailing address of record. |
---|
900 | 900 | | 7 (p) At a hearing under this section, the Indiana board shall admit |
---|
901 | 901 | | 8 into evidence an appraisal report, prepared by an appraiser, unless the |
---|
902 | 902 | | 9 appraisal report is ruled inadmissible on grounds besides a hearsay |
---|
903 | 903 | | 10 objection. This exception to the hearsay rule shall not be construed to |
---|
904 | 904 | | 11 limit the discretion of the Indiana board, as trier of fact, to review the |
---|
905 | 905 | | 12 probative value of an appraisal report. |
---|
906 | 906 | | 13 SECTION 17. IC 6-1.1-15-5, AS AMENDED BY P.L.156-2020, |
---|
907 | 907 | | 14 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
908 | 908 | | 15 UPON PASSAGE]: Sec. 5. (a) Not later than fifteen (15) days after the |
---|
909 | 909 | | 16 Indiana board gives notice of its final determination under section 4 of |
---|
910 | 910 | | 17 this chapter to the party or the maximum allowable time for the |
---|
911 | 911 | | 18 issuance of a final determination by the Indiana board under section 4 |
---|
912 | 912 | | 19 of this chapter expires, a party to the proceeding may request a |
---|
913 | 913 | | 20 rehearing before the Indiana board. The Indiana board may conduct a |
---|
914 | 914 | | 21 rehearing and affirm or modify its final determination, giving the same |
---|
915 | 915 | | 22 notices after the rehearing as are required by section 4 of this chapter. |
---|
916 | 916 | | 23 The Indiana board has fifteen (15) days after receiving a petition for a |
---|
917 | 917 | | 24 rehearing to determine whether to grant a rehearing. Failure to grant a |
---|
918 | 918 | | 25 rehearing not later than fifteen (15) days after receiving the petition |
---|
919 | 919 | | 26 shall be treated as a final determination to deny the petition. A petition |
---|
920 | 920 | | 27 for a rehearing does not toll the time in which to file a petition for |
---|
921 | 921 | | 28 judicial review unless the petition for rehearing is granted. If the |
---|
922 | 922 | | 29 Indiana board determines to rehear a final determination, the Indiana |
---|
923 | 923 | | 30 board: |
---|
924 | 924 | | 31 (1) may conduct the additional hearings that the Indiana board |
---|
925 | 925 | | 32 determines necessary or review the written record without |
---|
926 | 926 | | 33 additional hearings; and |
---|
927 | 927 | | 34 (2) shall issue a final determination not later than ninety (90) days |
---|
928 | 928 | | 35 after notifying the parties that the Indiana board will rehear the |
---|
929 | 929 | | 36 final determination. |
---|
930 | 930 | | 37 If the Indiana board fails to make a final determination within the time |
---|
931 | 931 | | 38 allowed under subdivision (2), the entity that initiated the petition for |
---|
932 | 932 | | 39 rehearing may take no action and wait for the Indiana board to make a |
---|
933 | 933 | | 40 final determination or petition for judicial review under subsection (g). |
---|
934 | 934 | | 41 (b) A party may petition for judicial review of the final |
---|
935 | 935 | | 42 determination of the Indiana board. In order to obtain judicial review |
---|
936 | 936 | | 2025 IN 508—LS 7582/DI 120 22 |
---|
937 | 937 | | 1 under this section, a party must: |
---|
938 | 938 | | 2 (1) file a petition with the Indiana tax court; |
---|
939 | 939 | | 3 (2) serve a copy of the petition on: |
---|
940 | 940 | | 4 (A) the parties to the review by the Indiana board; |
---|
941 | 941 | | 5 (B) the attorney general; and |
---|
942 | 942 | | 6 (C) any entity that filed an amicus curiae brief with the Indiana |
---|
943 | 943 | | 7 board; and |
---|
944 | 944 | | 8 (3) file a written notice of appeal with the Indiana board |
---|
945 | 945 | | 9 informing the Indiana board of the party's intent to obtain judicial |
---|
946 | 946 | | 10 review. |
---|
947 | 947 | | 11 Petitions for judicial review may be consolidated at the request of the |
---|
948 | 948 | | 12 appellants if it can be done in the interest of justice. The department of |
---|
949 | 949 | | 13 local government finance may intervene in an action taken under this |
---|
950 | 950 | | 14 subsection if the interpretation of a rule of the department is at issue in |
---|
951 | 951 | | 15 the action. The county assessor (before the abolishment of the office) |
---|
952 | 952 | | 16 and after May 9, 2025, the county auditor, is a party are parties to |
---|
953 | 953 | | 17 the review under this section. |
---|
954 | 954 | | 18 (c) Except as provided in subsection (g), to initiate a proceeding for |
---|
955 | 955 | | 19 judicial review under this section, a party must take the action required |
---|
956 | 956 | | 20 by subsection (b) not later than: |
---|
957 | 957 | | 21 (1) forty-five (45) days after the Indiana board gives the person |
---|
958 | 958 | | 22 notice of its final determination, unless a rehearing is conducted |
---|
959 | 959 | | 23 under subsection (a); or |
---|
960 | 960 | | 24 (2) forty-five (45) days after the Indiana board gives the person |
---|
961 | 961 | | 25 notice under subsection (a) of its final determination, if a |
---|
962 | 962 | | 26 rehearing is conducted under subsection (a) or the maximum time |
---|
963 | 963 | | 27 elapses for the Indiana board to make a determination under this |
---|
964 | 964 | | 28 section. |
---|
965 | 965 | | 29 (d) The failure of the Indiana board to conduct a hearing within the |
---|
966 | 966 | | 30 period prescribed in section 4(e) of this chapter does not constitute |
---|
967 | 967 | | 31 notice to the party of an Indiana board final determination. |
---|
968 | 968 | | 32 (e) The county assessor or county auditor may petition for judicial |
---|
969 | 969 | | 33 review to the tax court in the manner prescribed in this section. If the |
---|
970 | 970 | | 34 county auditor appeared before the Indiana board concerning the |
---|
971 | 971 | | 35 matter, the county auditor may petition for judicial review to the tax |
---|
972 | 972 | | 36 court in the manner prescribed in this section. |
---|
973 | 973 | | 37 (f) The county assessor or county auditor may not be represented |
---|
974 | 974 | | 38 by the attorney general in a judicial review initiated under subsection |
---|
975 | 975 | | 39 (b) by the county assessor or county auditor. |
---|
976 | 976 | | 40 (g) If the maximum time elapses for the Indiana board to give notice |
---|
977 | 977 | | 41 of its final determination under subsection (a) or section 4 of this |
---|
978 | 978 | | 42 chapter, a party may initiate a proceeding for judicial review by taking |
---|
979 | 979 | | 2025 IN 508—LS 7582/DI 120 23 |
---|
980 | 980 | | 1 the action required by subsection (b) at any time after the maximum |
---|
981 | 981 | | 2 time elapses. If: |
---|
982 | 982 | | 3 (1) a judicial proceeding is initiated under this subsection; and |
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983 | 983 | | 4 (2) the Indiana board has not issued a determination; |
---|
984 | 984 | | 5 the tax court shall determine the matter de novo. |
---|
985 | 985 | | 6 SECTION 18. IC 6-1.1-15-19, AS ADDED BY P.L.244-2015, |
---|
986 | 986 | | 7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
987 | 987 | | 8 UPON PASSAGE]: Sec. 19. (a) Before July 1, 2025, a county |
---|
988 | 988 | | 9 assessor, and after June 30, 2025, a county auditor, shall quarterly |
---|
989 | 989 | | 10 send a notice to the fiscal officer of each taxing unit affected by an |
---|
990 | 990 | | 11 appeal prosecuted under this chapter, including the fiscal officer of an |
---|
991 | 991 | | 12 affected redevelopment commission established under IC 36-7. The |
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992 | 992 | | 13 notice must include the following information: |
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993 | 993 | | 14 (1) The date on which a notice for review was filed. |
---|
994 | 994 | | 15 (2) The name and address of the taxpayer who filed the notice for |
---|
995 | 995 | | 16 review. |
---|
996 | 996 | | 17 (3) The assessed value for the assessment date the year before the |
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997 | 997 | | 18 appeal, and the assessed value on the most recent assessment |
---|
998 | 998 | | 19 date. |
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999 | 999 | | 20 (4) The status of the taxpayer's appeal. |
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1000 | 1000 | | 21 (b) Each township assessor (if any) shall furnish to the county |
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1001 | 1001 | | 22 assessor all requested information necessary for purposes of providing |
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1002 | 1002 | | 23 the quarterly notices under this section. |
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1003 | 1003 | | 24 (c) A notice required by this section may be provided to the |
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1004 | 1004 | | 25 appropriate fiscal officer in an electronic format. |
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1005 | 1005 | | 26 SECTION 19. IC 6-1.1-22-9, AS AMENDED BY P.L.218-2013, |
---|
1006 | 1006 | | 27 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1007 | 1007 | | 28 JULY 1, 2025]: Sec. 9. (a) Except as provided in subsection (b), the |
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1008 | 1008 | | 29 property taxes assessed for a year under this article are: |
---|
1009 | 1009 | | 30 (1) due in two (2) equal installments on May 10 and November 10 |
---|
1010 | 1010 | | 31 of the following year, except as provided in subdivision (2); and |
---|
1011 | 1011 | | 32 (2) due in two (2) equal installments on May 10 and November |
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1012 | 1012 | | 33 10 of the year the property taxes are assessed, beginning with |
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1013 | 1013 | | 34 the first assessment date that the department begins |
---|
1014 | 1014 | | 35 conducting assessments using an automated valuation model |
---|
1015 | 1015 | | 36 system under IC 6-1.1-2.5-1. |
---|
1016 | 1016 | | 37 (b) Subsection (a) does not apply if any of the following apply to the |
---|
1017 | 1017 | | 38 property taxes assessed for the year under this article: |
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1018 | 1018 | | 39 (1) Subsection (c). |
---|
1019 | 1019 | | 40 (2) Subsection (d). |
---|
1020 | 1020 | | 41 (3) IC 6-1.1-7-7. |
---|
1021 | 1021 | | 42 (4) Section 9.5 of this chapter. |
---|
1022 | 1022 | | 2025 IN 508—LS 7582/DI 120 24 |
---|
1023 | 1023 | | 1 (5) Section 9.7 of this chapter. |
---|
1024 | 1024 | | 2 (6) Section 9.9 of this chapter. |
---|
1025 | 1025 | | 3 (c) A county council may adopt an ordinance to require a person to |
---|
1026 | 1026 | | 4 pay the person's property tax liability in one (1) installment, if the tax |
---|
1027 | 1027 | | 5 liability for a particular year is less than twenty-five dollars ($25). If the |
---|
1028 | 1028 | | 6 county council has adopted such an ordinance, then whenever a tax |
---|
1029 | 1029 | | 7 statement mailed under section 8.1 of this chapter shows that the |
---|
1030 | 1030 | | 8 person's property tax liability for a year is less than twenty-five dollars |
---|
1031 | 1031 | | 9 ($25) for the property covered by that statement, the tax liability for |
---|
1032 | 1032 | | 10 that year is due in one (1) installment on May 10 of that year. |
---|
1033 | 1033 | | 11 (d) If the county treasurer receives a copy of an appeal petition |
---|
1034 | 1034 | | 12 under IC 6-1.1-18.5-12(d) before the county treasurer mails or |
---|
1035 | 1035 | | 13 transmits statements under section 8.1 of this chapter, the county |
---|
1036 | 1036 | | 14 treasurer may: |
---|
1037 | 1037 | | 15 (1) mail or transmit the statements without regard to the pendency |
---|
1038 | 1038 | | 16 of the appeal and, if the resolution of the appeal by the department |
---|
1039 | 1039 | | 17 of local government finance results in changes in levies, mail or |
---|
1040 | 1040 | | 18 transmit reconciling statements under subsection (e); or |
---|
1041 | 1041 | | 19 (2) delay the mailing or transmission of statements under section |
---|
1042 | 1042 | | 20 8.1 of this chapter so that: |
---|
1043 | 1043 | | 21 (A) the due date of the first installment that would otherwise |
---|
1044 | 1044 | | 22 be due under subsection (a) is delayed by not more than sixty |
---|
1045 | 1045 | | 23 (60) days; and |
---|
1046 | 1046 | | 24 (B) all statements reflect any changes in levies that result from |
---|
1047 | 1047 | | 25 the resolution of the appeal by the department of local |
---|
1048 | 1048 | | 26 government finance. |
---|
1049 | 1049 | | 27 (e) A reconciling statement under subsection (d)(1) must indicate: |
---|
1050 | 1050 | | 28 (1) the total amount due for the year; |
---|
1051 | 1051 | | 29 (2) the total amount of the installments paid that did not reflect |
---|
1052 | 1052 | | 30 the resolution of the appeal under IC 6-1.1-18.5-12(d) by the |
---|
1053 | 1053 | | 31 department of local government finance; |
---|
1054 | 1054 | | 32 (3) if the amount under subdivision (1) exceeds the amount under |
---|
1055 | 1055 | | 33 subdivision (2), the adjusted amount that is payable by the |
---|
1056 | 1056 | | 34 taxpayer: |
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1057 | 1057 | | 35 (A) as a final reconciliation of all amounts due for the year; |
---|
1058 | 1058 | | 36 and |
---|
1059 | 1059 | | 37 (B) not later than: |
---|
1060 | 1060 | | 38 (i) November 10; or |
---|
1061 | 1061 | | 39 (ii) the date or dates established under section 9.5 of this |
---|
1062 | 1062 | | 40 chapter; and |
---|
1063 | 1063 | | 41 (4) if the amount under subdivision (2) exceeds the amount under |
---|
1064 | 1064 | | 42 subdivision (1), that the taxpayer may claim a refund of the excess |
---|
1065 | 1065 | | 2025 IN 508—LS 7582/DI 120 25 |
---|
1066 | 1066 | | 1 under IC 6-1.1-26. |
---|
1067 | 1067 | | 2 (f) If property taxes are not paid on or before the due date, the |
---|
1068 | 1068 | | 3 penalties prescribed in IC 6-1.1-37-10 shall be added to the delinquent |
---|
1069 | 1069 | | 4 taxes. |
---|
1070 | 1070 | | 5 (g) Notwithstanding any other law, a property tax liability of less |
---|
1071 | 1071 | | 6 than five dollars ($5) is increased to five dollars ($5). The difference |
---|
1072 | 1072 | | 7 between the actual liability and the five dollar ($5) amount that appears |
---|
1073 | 1073 | | 8 on the statement is a statement processing charge. The statement |
---|
1074 | 1074 | | 9 processing charge is considered a part of the tax liability. |
---|
1075 | 1075 | | 10 (h) This subsection applies only if a statement for payment of |
---|
1076 | 1076 | | 11 property taxes and special assessments by electronic mail is transmitted |
---|
1077 | 1077 | | 12 to a person under section 8.1(h) of this chapter. If a response to the |
---|
1078 | 1078 | | 13 transmission of electronic mail to a person indicates that the electronic |
---|
1079 | 1079 | | 14 mail was not received, the county treasurer shall mail to the person a |
---|
1080 | 1080 | | 15 hard copy of the statement in the manner required by section 8.1(a) of |
---|
1081 | 1081 | | 16 this chapter for persons who do not opt to receive statements by |
---|
1082 | 1082 | | 17 electronic mail. The due date for the property taxes and special |
---|
1083 | 1083 | | 18 assessments under a statement mailed to a person under this subsection |
---|
1084 | 1084 | | 19 is the due date indicated in the statement transmitted to the person by |
---|
1085 | 1085 | | 20 electronic mail. |
---|
1086 | 1086 | | 21 (i) In a county in which an authorizing ordinance is adopted under |
---|
1087 | 1087 | | 22 section 8.1(h) of this chapter, a person may direct the county treasurer |
---|
1088 | 1088 | | 23 to transmit a reconciling statement under subsection (d)(1) by |
---|
1089 | 1089 | | 24 electronic mail under section 8.1(h) of this chapter. |
---|
1090 | 1090 | | 25 SECTION 20. IC 6-1.1-30-20 IS ADDED TO THE INDIANA |
---|
1091 | 1091 | | 26 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1092 | 1092 | | 27 [EFFECTIVE JULY 1, 2025]: (a) The department shall develop an |
---|
1093 | 1093 | | 28 automated valuation model system for the assessment of all |
---|
1094 | 1094 | | 29 tangible property except agricultural land using data that is readily |
---|
1095 | 1095 | | 30 available to the public. |
---|
1096 | 1096 | | 31 (b) The department shall present a plan of implementation for |
---|
1097 | 1097 | | 32 an automated valuation model system to the interim study |
---|
1098 | 1098 | | 33 committee on fiscal policy before November 1, 2025, and provide |
---|
1099 | 1099 | | 34 an update to the interim study committee on fiscal policy on the |
---|
1100 | 1100 | | 35 progress of the implementation before November 1 in subsequent |
---|
1101 | 1101 | | 36 years until the automated valuation model system is operational |
---|
1102 | 1102 | | 37 for use. |
---|
1103 | 1103 | | 38 (c) The department shall include in the plan of implementation |
---|
1104 | 1104 | | 39 presented under subsection (b), a plan to transition from the |
---|
1105 | 1105 | | 40 payment of property taxes in arrears to the payment of property |
---|
1106 | 1106 | | 41 taxes in the year of the assessment under IC 6-1.1-22-9(a)(2). |
---|
1107 | 1107 | | 42 (d) The interim study committee on fiscal policy shall |
---|
1108 | 1108 | | 2025 IN 508—LS 7582/DI 120 26 |
---|
1109 | 1109 | | 1 recommend legislation to implement an automated valuation model |
---|
1110 | 1110 | | 2 system of statewide assessment following presentation by the |
---|
1111 | 1111 | | 3 department that the automated valuation model system is |
---|
1112 | 1112 | | 4 operational for use. |
---|
1113 | 1113 | | 5 SECTION 21. IC 6-1.1-51.5 IS ADDED TO THE INDIANA CODE |
---|
1114 | 1114 | | 6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
---|
1115 | 1115 | | 7 JANUARY 1, 2026]: |
---|
1116 | 1116 | | 8 Chapter 51.5. Property Tax Liability Credit |
---|
1117 | 1117 | | 9 Sec. 1. As used in this chapter, "property tax liability" means |
---|
1118 | 1118 | | 10 liability for the tax imposed on property under this article |
---|
1119 | 1119 | | 11 determined after application of all credits and deductions under |
---|
1120 | 1120 | | 12 this article, but does not include any interest or penalty imposed |
---|
1121 | 1121 | | 13 under this article. |
---|
1122 | 1122 | | 14 Sec. 2. As used in this chapter, "taxable property" means all |
---|
1123 | 1123 | | 15 tangible property that is subject to the tax imposed by this article |
---|
1124 | 1124 | | 16 and is not exempt from tax under IC 6-1.1-10 or any other law. The |
---|
1125 | 1125 | | 17 term includes a mobile home or manufactured home that is not |
---|
1126 | 1126 | | 18 assessed as real property that an individual uses as the individual's |
---|
1127 | 1127 | | 19 residence. |
---|
1128 | 1128 | | 20 Sec. 3. This section applies for taxes first due and payable in |
---|
1129 | 1129 | | 21 2027 through the first date that taxes are first due and payable |
---|
1130 | 1130 | | 22 based on assessments under the automated valuation model system |
---|
1131 | 1131 | | 23 in IC 6-1.1-2.5-1. A credit shall be applied against a taxpayer's |
---|
1132 | 1132 | | 24 property tax liability as set forth in this chapter. The amount of the |
---|
1133 | 1133 | | 25 credit under this section is equal to: |
---|
1134 | 1134 | | 26 (1) for taxes first due and payable in 2027, the lesser of: |
---|
1135 | 1135 | | 27 (A) the property tax liability first due and payable on the |
---|
1136 | 1136 | | 28 property for the calendar year; or |
---|
1137 | 1137 | | 29 (B) the property tax liability imposed on the taxpayer's |
---|
1138 | 1138 | | 30 property for taxes first due and payable in 2021; and |
---|
1139 | 1139 | | 31 (2) for taxes first due and payable in 2028 and thereafter the |
---|
1140 | 1140 | | 32 greater of zero (0) or the result of: |
---|
1141 | 1141 | | 33 (A) the property tax liability first due and payable on the |
---|
1142 | 1142 | | 34 property for the calendar year; minus |
---|
1143 | 1143 | | 35 (B) the result of: |
---|
1144 | 1144 | | 36 (i) the property tax liability first due and payable on the |
---|
1145 | 1145 | | 37 property for the immediately preceding year after the |
---|
1146 | 1146 | | 38 application of the credit granted under this section for |
---|
1147 | 1147 | | 39 that year; multiplied by |
---|
1148 | 1148 | | 40 (ii) one and three-hundredths (1.03). |
---|
1149 | 1149 | | 41 Sec. 4. The amount of property tax liability determined in this |
---|
1150 | 1150 | | 42 chapter is the maximum property tax liability to which taxable |
---|
1151 | 1151 | | 2025 IN 508—LS 7582/DI 120 27 |
---|
1152 | 1152 | | 1 property is subject for taxes first due and payable in 2027 through |
---|
1153 | 1153 | | 2 the first date that taxes are first due and payable based on |
---|
1154 | 1154 | | 3 assessments under the automated valuation model system in |
---|
1155 | 1155 | | 4 IC 6-1.1-2.5-1. |
---|
1156 | 1156 | | 5 Sec. 5. The department of local government finance shall apply |
---|
1157 | 1157 | | 6 the credit under this chapter to a determination of property tax |
---|
1158 | 1158 | | 7 liability for all taxable property as set forth in this chapter. |
---|
1159 | 1159 | | 8 SECTION 22. IC 36-2-15-0.1 IS ADDED TO THE INDIANA |
---|
1160 | 1160 | | 9 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1161 | 1161 | | 10 [EFFECTIVE UPON PASSAGE]: Sec. 0.1. (a) This section applies to |
---|
1162 | 1162 | | 11 the office of a county assessor in existence on May 10, 2025. |
---|
1163 | 1163 | | 12 (b) On July 1, 2025, the office of county assessor is abolished. |
---|
1164 | 1164 | | 13 (c) On July 1, 2025, all the powers and duties of the county |
---|
1165 | 1165 | | 14 assessor are transferred to the county auditor. |
---|
1166 | 1166 | | 15 (d) On July 1, 2025, all of the following are transferred to the |
---|
1167 | 1167 | | 16 county auditor: |
---|
1168 | 1168 | | 17 (1) All employment positions as of June 30, 2025, of all |
---|
1169 | 1169 | | 18 employees of the county assessor. |
---|
1170 | 1170 | | 19 (2) The real and personal property of the county assessor. |
---|
1171 | 1171 | | 20 (3) The obligations outstanding on June 30, 2025, of the |
---|
1172 | 1172 | | 21 county assessor. |
---|
1173 | 1173 | | 22 (4) The funds of the county assessor. |
---|
1174 | 1174 | | 23 (e) Before July 1, 2025, the county auditor shall interview, or |
---|
1175 | 1175 | | 24 give the opportunity to interview to, each individual who: |
---|
1176 | 1176 | | 25 (1) is, as of May 15, 2025, an employee of the county assessor; |
---|
1177 | 1177 | | 26 and |
---|
1178 | 1178 | | 27 (2) applies before June 1, 2025, for an employment position |
---|
1179 | 1179 | | 28 referred to in subsection (d)(1). |
---|
1180 | 1180 | | 29 SECTION 23. IC 36-2-15-0.2 IS ADDED TO THE INDIANA |
---|
1181 | 1181 | | 30 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1182 | 1182 | | 31 [EFFECTIVE UPON PASSAGE]: Sec. 0.2. (a) Each county assessor |
---|
1183 | 1183 | | 32 whose duties will be transferred under section 0.1 of this chapter |
---|
1184 | 1184 | | 33 shall: |
---|
1185 | 1185 | | 34 (1) organize the records of the assessor's office relating to the |
---|
1186 | 1186 | | 35 assessment of tangible property in a manner prescribed by the |
---|
1187 | 1187 | | 36 department of local government finance; and |
---|
1188 | 1188 | | 37 (2) transfer the records before July 1, 2025, as directed by the |
---|
1189 | 1189 | | 38 department of local government finance. |
---|
1190 | 1190 | | 39 (b) The department of local government finance shall determine |
---|
1191 | 1191 | | 40 a procedure and schedule for the transfer of the records and |
---|
1192 | 1192 | | 41 operations from the county assessor to the county auditor. The |
---|
1193 | 1193 | | 42 assessors shall assist each other and coordinate their efforts to: |
---|
1194 | 1194 | | 2025 IN 508—LS 7582/DI 120 28 |
---|
1195 | 1195 | | 1 (1) ensure an orderly transfer of all records; and |
---|
1196 | 1196 | | 2 (2) provide for an uninterrupted and professional transition |
---|
1197 | 1197 | | 3 of any functions of assessors that are consistent with this |
---|
1198 | 1198 | | 4 chapter, IC 6-1.1, and the directions of the department of |
---|
1199 | 1199 | | 5 local government finance. |
---|
1200 | 1200 | | 6 SECTION 24. IC 36-2-15-2, AS AMENDED BY P.L.167-2015, |
---|
1201 | 1201 | | 7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1202 | 1202 | | 8 JULY 1, 2025]: Sec. 2. (a) A county assessor shall be elected under |
---|
1203 | 1203 | | 9 IC 3-10-2-13 by the voters of the county. |
---|
1204 | 1204 | | 10 (b) To be eligible to serve as an assessor, an individual must meet |
---|
1205 | 1205 | | 11 the following qualifications before taking office: |
---|
1206 | 1206 | | 12 (1) If the individual has never held the office of county assessor, |
---|
1207 | 1207 | | 13 the individual must have attained a level two assessor-appraiser |
---|
1208 | 1208 | | 14 certification under IC 6-1.1-35.5. |
---|
1209 | 1209 | | 15 (2) If the individual has held the office of county assessor, the |
---|
1210 | 1210 | | 16 individual must have attained a level three assessor-appraiser |
---|
1211 | 1211 | | 17 certification under IC 6-1.1-35.5. |
---|
1212 | 1212 | | 18 (c) A county assessor must reside within the county as provided in |
---|
1213 | 1213 | | 19 Article 6, Section 6 of the Constitution of the State of Indiana. The |
---|
1214 | 1214 | | 20 assessor forfeits office if the assessor ceases to be a resident of the |
---|
1215 | 1215 | | 21 county. |
---|
1216 | 1216 | | 22 (d) The term of office of a county assessor is four (4) years, |
---|
1217 | 1217 | | 23 beginning January 1 after election and continuing until a successor is |
---|
1218 | 1218 | | 24 elected and qualified. |
---|
1219 | 1219 | | 25 (e) This section expires July 1, 2025. |
---|
1220 | 1220 | | 26 SECTION 25. IC 36-2-15-3, AS AMENDED BY P.L.146-2008, |
---|
1221 | 1221 | | 27 SECTION 692, IS AMENDED TO READ AS FOLLOWS |
---|
1222 | 1222 | | 28 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Subject to subsection (b), the |
---|
1223 | 1223 | | 29 assessor shall keep the assessor's office in a building provided at the |
---|
1224 | 1224 | | 30 county seat by the county executive. The assessor shall keep the office |
---|
1225 | 1225 | | 31 open for business during regular business hours on every day of the |
---|
1226 | 1226 | | 32 year except Sundays and legal holidays. However, the assessor may |
---|
1227 | 1227 | | 33 close the office on days specified by the county executive according to |
---|
1228 | 1228 | | 34 custom and practice of the county. |
---|
1229 | 1229 | | 35 (b) After June 30, 2008, the county assessor may establish one (1) |
---|
1230 | 1230 | | 36 or more satellite offices in the county. |
---|
1231 | 1231 | | 37 (c) This section expires July 1, 2025. |
---|
1232 | 1232 | | 38 SECTION 26. IC 36-2-15-5, AS AMENDED BY P.L.167-2015, |
---|
1233 | 1233 | | 39 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1234 | 1234 | | 40 JULY 1, 2025]: Sec. 5. (a) Subject to section 0.1 of this chapter, the |
---|
1235 | 1235 | | 41 county assessor shall perform the functions assigned by statute to the |
---|
1236 | 1236 | | 42 county assessor, including the following: |
---|
1237 | 1237 | | 2025 IN 508—LS 7582/DI 120 29 |
---|
1238 | 1238 | | 1 (1) Countywide equalization. |
---|
1239 | 1239 | | 2 (2) Selection and maintenance of a countywide computer system. |
---|
1240 | 1240 | | 3 (3) Certification of gross assessments to the county auditor. |
---|
1241 | 1241 | | 4 (4) Discovery of omitted property. |
---|
1242 | 1242 | | 5 (5) In: |
---|
1243 | 1243 | | 6 (A) a township in which the transfer of duties of the elected |
---|
1244 | 1244 | | 7 township assessor is required by subsection (c); or |
---|
1245 | 1245 | | 8 (B) a township in which the duties relating to the assessment |
---|
1246 | 1246 | | 9 of tangible property are not required to be performed by a |
---|
1247 | 1247 | | 10 township assessor elected under IC 36-6-5; |
---|
1248 | 1248 | | 11 Performance of the assessment duties prescribed by IC 6-1.1. |
---|
1249 | 1249 | | 12 (b) A transfer of duties between assessors does not affect: |
---|
1250 | 1250 | | 13 (1) any assessment, assessment appeal, or other official action |
---|
1251 | 1251 | | 14 made by an assessor before the transfer; or |
---|
1252 | 1252 | | 15 (2) any pending action against, or the rights of any party that may |
---|
1253 | 1253 | | 16 possess a legal claim against, an assessor that is not described in |
---|
1254 | 1254 | | 17 subdivision (1). |
---|
1255 | 1255 | | 18 Any assessment, assessment appeal, or other official action of an |
---|
1256 | 1256 | | 19 assessor made by the assessor within the scope of the assessor's official |
---|
1257 | 1257 | | 20 duties before the transfer is considered as having been made by the |
---|
1258 | 1258 | | 21 assessor to whom the duties are transferred. |
---|
1259 | 1259 | | 22 (c) If the individual elected to the office of township assessor has |
---|
1260 | 1260 | | 23 not attained the assessor-appraiser certification level required by |
---|
1261 | 1261 | | 24 IC 36-6-5-1 before the date the term of office begins, the assessment |
---|
1262 | 1262 | | 25 duties prescribed by IC 6-1.1 that would otherwise be performed in the |
---|
1263 | 1263 | | 26 township by the township assessor are transferred to the county |
---|
1264 | 1264 | | 27 assessor on that date. If assessment duties in a township are transferred |
---|
1265 | 1265 | | 28 to the county assessor under this subsection, those assessment duties |
---|
1266 | 1266 | | 29 are transferred back to the township assessor if at a later election an |
---|
1267 | 1267 | | 30 individual who has attained the assessor-appraiser certification level |
---|
1268 | 1268 | | 31 required by IC 36-6-5-1 is elected to the office of township assessor. |
---|
1269 | 1269 | | 32 SECTION 27. IC 36-2-15-7, AS ADDED BY P.L.219-2007, |
---|
1270 | 1270 | | 33 SECTION 109, IS AMENDED TO READ AS FOLLOWS |
---|
1271 | 1271 | | 34 [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) Each county assessor, elected |
---|
1272 | 1272 | | 35 township assessor, or township trustee-assessor whose assessment |
---|
1273 | 1273 | | 36 duties prescribed by IC 6-1.1 will be transferred under section 5 of this |
---|
1274 | 1274 | | 37 chapter shall: |
---|
1275 | 1275 | | 38 (1) organize the records of the assessor's office relating to the |
---|
1276 | 1276 | | 39 assessment of tangible property in a manner prescribed by the |
---|
1277 | 1277 | | 40 department of local government finance; and |
---|
1278 | 1278 | | 41 (2) transfer the records as directed by the department of local |
---|
1279 | 1279 | | 42 government finance. |
---|
1280 | 1280 | | 2025 IN 508—LS 7582/DI 120 30 |
---|
1281 | 1281 | | 1 (b) The department of local government finance shall determine a |
---|
1282 | 1282 | | 2 procedure and schedule for the transfer of the records and operations. |
---|
1283 | 1283 | | 3 The assessors shall assist each other and coordinate their efforts to: |
---|
1284 | 1284 | | 4 (1) ensure an orderly transfer of all records; and |
---|
1285 | 1285 | | 5 (2) provide for an uninterrupted and professional transition of the |
---|
1286 | 1286 | | 6 property assessment functions consistent with this chapter and the |
---|
1287 | 1287 | | 7 directions of the department of local government finance. |
---|
1288 | 1288 | | 8 (c) This section expires July 1, 2025. |
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1289 | 1289 | | 9 SECTION 28. IC 36-6-5-0.3 IS ADDED TO THE INDIANA CODE |
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1290 | 1290 | | 10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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1291 | 1291 | | 11 UPON PASSAGE]: Sec. 0.3. (a) This section applies to the office of |
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1292 | 1292 | | 12 a township assessor in existence on May 10, 2025. |
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1293 | 1293 | | 13 (b) On July 1, 2025, the office of township assessor is abolished. |
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1294 | 1294 | | 14 (c) On July 1, 2025, all the powers and duties of the township |
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1295 | 1295 | | 15 assessor are transferred to the county auditor of the county in |
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1296 | 1296 | | 16 which the township is located. |
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1297 | 1297 | | 17 (d) On July 1, 2025, all of the following are transferred to the |
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1298 | 1298 | | 18 county auditor: |
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1299 | 1299 | | 19 (1) All employment positions as of June 30, 2025, of all |
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1300 | 1300 | | 20 employees of each township assessor in the county. |
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1301 | 1301 | | 21 (2) The real and personal property of each township assessor |
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1302 | 1302 | | 22 in the county. |
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1303 | 1303 | | 23 (3) The obligations outstanding on June 30, 2025, of each |
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1304 | 1304 | | 24 township assessor in the county. |
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1305 | 1305 | | 25 (4) The funds of each township assessor in the county. |
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1306 | 1306 | | 26 (e) Before July 1, 2025, the county auditor shall interview, or |
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1307 | 1307 | | 27 give the opportunity to interview to, each individual who: |
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1308 | 1308 | | 28 (1) is, as of May 15, 2025, an employee of a township assessor |
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1309 | 1309 | | 29 in the county; and |
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1310 | 1310 | | 30 (2) applies before June 1, 2025, for an employment position |
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1311 | 1311 | | 31 referred to in subsection (d)(1). |
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1312 | 1312 | | 32 SECTION 29. IC 36-6-5-0.5 IS ADDED TO THE INDIANA CODE |
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1313 | 1313 | | 33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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1314 | 1314 | | 34 UPON PASSAGE]: Sec. 0.5. (a) Each township assessor whose |
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1315 | 1315 | | 35 duties will be transferred under section 0.3 of this chapter shall: |
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1316 | 1316 | | 36 (1) organize the records of the assessor's office relating to the |
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1317 | 1317 | | 37 assessment of tangible property in a manner prescribed by the |
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1318 | 1318 | | 38 department of local government finance; and |
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1319 | 1319 | | 39 (2) transfer the records before July 1, 2025, as directed by the |
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1320 | 1320 | | 40 department of local government finance. |
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1321 | 1321 | | 41 (b) The department of local government finance shall determine |
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1322 | 1322 | | 42 a procedure and schedule for the transfer of the records and |
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1323 | 1323 | | 2025 IN 508—LS 7582/DI 120 31 |
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1324 | 1324 | | 1 operations from the township assessor to the county auditor. The |
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1325 | 1325 | | 2 assessors shall assist each other and coordinate their efforts to: |
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1326 | 1326 | | 3 (1) ensure an orderly transfer of all records; and |
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1327 | 1327 | | 4 (2) provide for an uninterrupted and professional transition |
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1328 | 1328 | | 5 of any functions of assessors that are consistent with this |
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1329 | 1329 | | 6 chapter, IC 6-1.1, and the directions of the department of |
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1330 | 1330 | | 7 local government finance. |
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1331 | 1331 | | 8 SECTION 30. IC 36-6-5-1 IS REPEALED [EFFECTIVE JULY 1, |
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1332 | 1332 | | 9 2025]. Sec. 1. (a) Subject to subsection (g), before 2009, a township |
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1333 | 1333 | | 10 assessor shall be elected under IC 3-10-2-13 by the voters of each |
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1334 | 1334 | | 11 township: |
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1335 | 1335 | | 12 (1) having: |
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1336 | 1336 | | 13 (A) a population of more than eight thousand (8,000); or |
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1337 | 1337 | | 14 (B) an elected township assessor or the authority to elect a |
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1338 | 1338 | | 15 township assessor before January 1, 1979; and |
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1339 | 1339 | | 16 (2) in which the number of parcels of real property on January 1, |
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1340 | 1340 | | 17 2008, is at least fifteen thousand (15,000). |
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1341 | 1341 | | 18 (b) Subject to subsection (g), before 2009, a township assessor shall |
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1342 | 1342 | | 19 be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each |
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1343 | 1343 | | 20 township: |
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1344 | 1344 | | 21 (1) having a population of more than five thousand (5,000) but |
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1345 | 1345 | | 22 not more than eight thousand (8,000), if: |
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1346 | 1346 | | 23 (A) the legislative body of the township, by resolution, |
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1347 | 1347 | | 24 declares that the office of township assessor is necessary; and |
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1348 | 1348 | | 25 (B) the resolution is filed with the county election board not |
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1349 | 1349 | | 26 later than the first date that a declaration of candidacy may be |
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1350 | 1350 | | 27 filed under IC 3-8-2; and |
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1351 | 1351 | | 28 (2) in which the number of parcels of real property on January 1, |
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1352 | 1352 | | 29 2008, is at least fifteen thousand (15,000). |
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1353 | 1353 | | 30 (c) Subject to subsection (g), a township government that is created |
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1354 | 1354 | | 31 by merger under IC 36-6-1.5 shall elect only one (1) township assessor |
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1355 | 1355 | | 32 under this section. |
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1356 | 1356 | | 33 (d) Subject to subsection (g), after 2008 a township assessor shall |
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1357 | 1357 | | 34 be elected under IC 3-10-2-13 only by the voters of each township in |
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1358 | 1358 | | 35 which: |
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1359 | 1359 | | 36 (1) the number of parcels of real property on January 1, 2008, is |
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1360 | 1360 | | 37 at least fifteen thousand (15,000); and |
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1361 | 1361 | | 38 (2) the transfer to the county assessor of the assessment duties |
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1362 | 1362 | | 39 prescribed by IC 6-1.1 is disapproved in the referendum under |
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1363 | 1363 | | 40 IC 36-2-15. |
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1364 | 1364 | | 41 (e) The township assessor must reside within the township as |
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1365 | 1365 | | 42 provided in Article 6, Section 6 of the Constitution of the State of |
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1366 | 1366 | | 2025 IN 508—LS 7582/DI 120 32 |
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1367 | 1367 | | 1 Indiana. The assessor forfeits office if the assessor ceases to be a |
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1368 | 1368 | | 2 resident of the township. |
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1369 | 1369 | | 3 (f) The term of office of a township assessor is four (4) years, |
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1370 | 1370 | | 4 beginning January 1 after election and continuing until a successor is |
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1371 | 1371 | | 5 elected and qualified. However, the term of office of a township |
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1372 | 1372 | | 6 assessor elected at a general election in which no other township |
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1373 | 1373 | | 7 officer is elected ends on December 31 after the next election in which |
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1374 | 1374 | | 8 any other township officer is elected. |
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1375 | 1375 | | 9 (g) To be eligible to serve as a township assessor, an individual |
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1376 | 1376 | | 10 must meet the following qualifications before taking office: |
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1377 | 1377 | | 11 (1) If the individual has never held the office of township |
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1378 | 1378 | | 12 assessor, the individual must have attained a level two |
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1379 | 1379 | | 13 assessor-appraiser certification under IC 6-1.1-35.5. |
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1380 | 1380 | | 14 (2) If the individual has held the office of township assessor, the |
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1381 | 1381 | | 15 individual must have attained a level three assessor-appraiser |
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1382 | 1382 | | 16 certification under IC 6-1.1-35.5. |
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1383 | 1383 | | 17 (h) After June 30, 2008, the county assessor shall perform the |
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1384 | 1384 | | 18 assessment duties prescribed by IC 6-1.1 in a township in which the |
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1385 | 1385 | | 19 number of parcels of real property on January 1, 2008, is less than |
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1386 | 1386 | | 20 fifteen thousand (15,000). |
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1387 | 1387 | | 21 SECTION 31. IC 36-6-5-3, AS AMENDED BY P.L.146-2008, |
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1388 | 1388 | | 22 SECTION 711, IS AMENDED TO READ AS FOLLOWS |
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1389 | 1389 | | 23 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Except as provided in |
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1390 | 1390 | | 24 subsection (b) and section 0.3 of this chapter, the assessor shall |
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1391 | 1391 | | 25 perform the duties prescribed by statute, including assessment duties |
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1392 | 1392 | | 26 prescribed by IC 6-1.1. |
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1393 | 1393 | | 27 (b) Subsection (a) does not apply if the duties of the township |
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1394 | 1394 | | 28 assessor have been transferred to the county assessor as described in |
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1395 | 1395 | | 29 IC 6-1.1-1-24 or IC 36-2-15. |
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1396 | 1396 | | 30 SECTION 32. IC 36-6-5-4 IS REPEALED [EFFECTIVE JULY 1, |
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1397 | 1397 | | 31 2025]. Sec. 4. (a) Before July 1, 2017, an employee of a township |
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1398 | 1398 | | 32 assessor who performs real property assessing duties must have |
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1399 | 1399 | | 33 attained the level of certification under IC 6-1.1-35.5 that the township |
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1400 | 1400 | | 34 assessor is required to attain under section 1(g) of this chapter. |
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1401 | 1401 | | 35 (b) After June 30, 2017, an employee of a township assessor who is |
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1402 | 1402 | | 36 responsible for placing an assessed valuation on real property must |
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1403 | 1403 | | 37 have attained the certification of a level three assessor-appraiser under |
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1404 | 1404 | | 38 IC 6-1.1-35.5. |
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1405 | 1405 | | 39 (c) This subsection applies after June 30, 2017. If the township |
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1406 | 1406 | | 40 assessor has not attained the certification of a level three |
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1407 | 1407 | | 41 assessor-appraiser under IC 6-1.1-35.5, the township fiscal body shall |
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1408 | 1408 | | 42 authorize either of the following: |
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1409 | 1409 | | 2025 IN 508—LS 7582/DI 120 33 |
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1410 | 1410 | | 1 (1) The appointment of at least one (1) deputy or employee who |
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1411 | 1411 | | 2 has attained the certification of a level three assessor-appraiser |
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1412 | 1412 | | 3 under IC 6-1.1-35.5. |
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1413 | 1413 | | 4 (2) Contracting with a person who has attained, or who employs |
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1414 | 1414 | | 5 for purposes of the contract an individual who has attained, the |
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1415 | 1415 | | 6 certification of a level three assessor-appraiser under |
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1416 | 1416 | | 7 IC 6-1.1-35.5. The individual under contract with the township |
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1417 | 1417 | | 8 assessor under this subdivision shall assist the township assessor |
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1418 | 1418 | | 9 with assessment duties as determined by the township assessor. |
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1419 | 1419 | | 10 Payment for the deputy, employee, or contractor shall be made from the |
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1420 | 1420 | | 11 budget for the township assessor. |
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1421 | 1421 | | 12 SECTION 33. [EFFECTIVE JULY 1, 2025] (a) The legislative |
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1422 | 1422 | | 13 services agency shall prepare legislation for introduction in the |
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1423 | 1423 | | 14 2026 regular session of the general assembly to make appropriate |
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1424 | 1424 | | 15 changes in statutes that are required by this act. |
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1425 | 1425 | | 16 (b) This SECTION expires December 31, 2026. |
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1426 | 1426 | | 17 SECTION 34. An emergency is declared for this act. |
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1427 | 1427 | | 2025 IN 508—LS 7582/DI 120 |
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