Indiana 2025 Regular Session

Indiana Senate Bill SJR0023 Latest Draft

Bill / Introduced Version Filed 01/13/2025

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