1 | 1 | | *SJ9614* |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE JOINT |
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4 | 4 | | RESOLUTION No. 23 |
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5 | 5 | | _____ |
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6 | 6 | | DIGEST OF INTRODUCED RESOL UTION |
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7 | 7 | | Citations Affected: Article 10 of the Constitution of the State of |
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8 | 8 | | Indiana. |
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9 | 9 | | Synopsis: Homestead exemption for persons age 65 and older. |
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10 | 10 | | Requires the general assembly to exempt the homestead of a person |
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11 | 11 | | who is at least 65 years of age from property taxation. This proposed |
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12 | 12 | | amendment has not been previously agreed to by a general assembly. |
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13 | 13 | | Effective: This proposed amendment must be agreed to by two |
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14 | 14 | | consecutive general assemblies and ratified by a majority of the state's |
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15 | 15 | | voters voting on the question to be effective. |
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16 | 16 | | Young M |
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17 | 17 | | January 13, 2025, read first time and referred to Committee on Tax and Fiscal Policy. |
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18 | 18 | | 20252879 |
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19 | 19 | | 2025 SJ 23—SJ 9614/DI 125 Introduced |
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20 | 20 | | First Regular Session of the 124th General Assembly (2025) |
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21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the word |
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26 | 26 | | NEW will appear in that style type in the introductory clause of each SECTION that adds a |
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27 | 27 | | new provision to the Indiana Code or the Indiana Constitution. |
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28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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29 | 29 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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30 | 30 | | SENATE JOINT |
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31 | 31 | | RESOLUTION No. 23 |
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32 | 32 | | A JOINT RESOLUTION proposing an amendment to Article 10 |
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33 | 33 | | of the Constitution of the State of Indiana concerning taxation. |
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34 | 34 | | Be it resolved by the General Assembly of the State of Indiana: |
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35 | 35 | | 1 SECTION 1. The following amendment to the Constitution of the |
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36 | 36 | | 2 State of Indiana is proposed and agreed to by this, the One Hundred |
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37 | 37 | | 3 Twenty-fourth General Assembly of the State of Indiana, and is |
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38 | 38 | | 4 referred to the next General Assembly for reconsideration and |
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39 | 39 | | 5 agreement. |
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40 | 40 | | 6 SECTION 2. ARTICLE 10, SECTION 1 OF THE CONSTITUTION |
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41 | 41 | | 7 OF THE STATE OF INDIANA IS AMENDED TO READ AS |
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42 | 42 | | 8 FOLLOWS: Section 1. (a) Subject to this section, the General |
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43 | 43 | | 9 Assembly shall provide, by law, for a uniform and equal rate of |
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44 | 44 | | 10 property assessment and taxation and shall prescribe regulations to |
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45 | 45 | | 11 secure a just valuation for taxation of all property, both real and |
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46 | 46 | | 12 personal. |
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47 | 47 | | 13 (b) A provision of this section permitting the General Assembly to |
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48 | 48 | | 2025 SJ 23—SJ 9614/DI 125 2 |
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49 | 49 | | 1 exempt property from taxation also permits the General Assembly to |
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50 | 50 | | 2 exercise its legislative power to enact property tax deductions and |
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51 | 51 | | 3 credits for the property. The General Assembly may impose reasonable |
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52 | 52 | | 4 filing requirements for an exemption, deduction, or credit. |
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53 | 53 | | 5 (c) Subject to section 9 of this article, the General Assembly may |
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54 | 54 | | 6 exempt from property taxation any property in any of the following |
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55 | 55 | | 7 classes: |
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56 | 56 | | 8 (1) Property being used for municipal, educational, literary, |
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57 | 57 | | 9 scientific, religious, or charitable purposes. |
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58 | 58 | | 10 (2) Tangible personal property other than property being held as |
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59 | 59 | | 11 an investment. |
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60 | 60 | | 12 (3) Intangible personal property. |
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61 | 61 | | 13 (4) Tangible property, including curtilage, used as a principal |
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62 | 62 | | 14 place of residence by an: |
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63 | 63 | | 15 (A) owner of the property; |
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64 | 64 | | 16 (B) individual who is buying the tangible property under a |
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65 | 65 | | 17 contract; or |
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66 | 66 | | 18 (C) individual who has a beneficial interest in the owner of the |
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67 | 67 | | 19 tangible property. |
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68 | 68 | | 20 (d) The General Assembly may exempt any motor vehicles, mobile |
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69 | 69 | | 21 homes (not otherwise exempt under this section), airplanes, boats, |
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70 | 70 | | 22 trailers, or similar property, provided that an excise tax in lieu of the |
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71 | 71 | | 23 property tax is substituted therefor. |
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72 | 72 | | 24 (e) This subsection applies to property taxes first due and payable |
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73 | 73 | | 25 in 2012 and thereafter. The following definitions apply to subsection |
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74 | 74 | | 26 (f): |
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75 | 75 | | 27 (1) "Other residential property" means tangible property (other |
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76 | 76 | | 28 than tangible property described in subsection (c)(4)) that is used |
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77 | 77 | | 29 for residential purposes. |
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78 | 78 | | 30 (2) "Agricultural land" means land devoted to agricultural use. |
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79 | 79 | | 31 (3) "Other real property" means real property that is not tangible |
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80 | 80 | | 32 property described in subsection (c)(4), is not other residential |
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81 | 81 | | 33 property, and is not agricultural land. |
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82 | 82 | | 34 (f) This subsection applies to property taxes first due and payable in |
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83 | 83 | | 35 2012 and thereafter. The General Assembly shall, by law, limit a |
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84 | 84 | | 36 taxpayer's property tax liability as follows: |
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85 | 85 | | 37 (1) A taxpayer's property tax liability on tangible property |
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86 | 86 | | 38 described in subsection (c)(4) may not exceed one percent (1%) |
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87 | 87 | | 39 of the gross assessed value of the property that is the basis for the |
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88 | 88 | | 40 determination of property taxes. |
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89 | 89 | | 41 (2) A taxpayer's property tax liability on other residential property |
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90 | 90 | | 42 may not exceed two percent (2%) of the gross assessed value of |
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91 | 91 | | 2025 SJ 23—SJ 9614/DI 125 3 |
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92 | 92 | | 1 the property that is the basis for the determination of property |
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93 | 93 | | 2 taxes. |
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94 | 94 | | 3 (3) A taxpayer's property tax liability on agricultural land may not |
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95 | 95 | | 4 exceed two percent (2%) of the gross assessed value of the land |
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96 | 96 | | 5 that is the basis for the determination of property taxes. |
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97 | 97 | | 6 (4) A taxpayer's property tax liability on other real property may |
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98 | 98 | | 7 not exceed three percent (3%) of the gross assessed value of the |
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99 | 99 | | 8 property that is the basis for the determination of property taxes. |
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100 | 100 | | 9 (5) A taxpayer's property tax liability on personal property (other |
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101 | 101 | | 10 than personal property that is tangible property described in |
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102 | 102 | | 11 subsection (c)(4) or personal property that is other residential |
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103 | 103 | | 12 property) within a particular taxing district may not exceed three |
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104 | 104 | | 13 percent (3%) of the gross assessed value of the taxpayer's |
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105 | 105 | | 14 personal property that is the basis for the determination of |
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106 | 106 | | 15 property taxes within the taxing district. |
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107 | 107 | | 16 (g) This subsection applies to property taxes first due and payable |
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108 | 108 | | 17 in 2012 and thereafter. Property taxes imposed after being approved by |
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109 | 109 | | 18 the voters in a referendum shall not be considered for purposes of |
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110 | 110 | | 19 calculating the limits to property tax liability under subsection (f). |
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111 | 111 | | 20 (h) As used in this subsection, "eligible county" means only a |
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112 | 112 | | 21 county for which the General Assembly determines in 2008 that limits |
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113 | 113 | | 22 to property tax liability as described in subsection (f) are expected to |
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114 | 114 | | 23 reduce in 2010 the aggregate property tax revenue that would otherwise |
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115 | 115 | | 24 be collected by all units of local government and school corporations |
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116 | 116 | | 25 in the county by at least twenty percent (20%). The General Assembly |
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117 | 117 | | 26 may, by law, provide that property taxes imposed in an eligible county |
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118 | 118 | | 27 to pay debt service or make lease payments for bonds or leases issued |
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119 | 119 | | 28 or entered into before July 1, 2008, shall not be considered for purposes |
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120 | 120 | | 29 of calculating the limits to property tax liability under subsection (f). |
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121 | 121 | | 30 Such a law may not apply after December 31, 2019. |
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122 | 122 | | 31 SECTION 3. ARTICLE 10 OF THE CONSTITUTION OF THE |
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123 | 123 | | 32 STATE OF INDIANA IS AMENDED BY ADDING A NEW |
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124 | 124 | | 33 SECTION TO READ AS FOLLOWS: Section 9. The General |
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125 | 125 | | 34 Assembly shall exempt from property taxation any tangible |
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126 | 126 | | 35 property, including curtilage, used as a principal place of residence |
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127 | 127 | | 36 by an: |
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128 | 128 | | 37 (1) owner of the property who is at least sixty-five (65) years |
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129 | 129 | | 38 of age; |
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130 | 130 | | 39 (2) individual who is at least sixty-five (65) years of age and is |
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131 | 131 | | 40 buying the tangible property under a contract; or |
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132 | 132 | | 41 (3) individual who is at least sixty-five (65) years of age and |
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133 | 133 | | 42 has a beneficial interest in the owner of the tangible property. |
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134 | 134 | | 2025 SJ 23—SJ 9614/DI 125 |
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