Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-13-6-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. (a) All taxes collected by the
county treasurer shall be deposited as one (1) fund in the several
depositories selected for the deposit of county funds and, except as
provided in subsection (b), remain in the depositories until distributed
at the following semiannual distribution made by the county auditor.
(b) Every county treasurer who, by virtue of the treasurer's office, is
the collector of any taxes for any political subdivision wholly or partly
within the county shall, upon not later than thirty (30) days after
receipt of a written request for funds filed with the treasurer by a
proper officer of any political subdivision within the county, advance
to that political subdivision a portion of the taxes collected before the
semiannual distribution. The amount advanced may not exceed the
lesser of:
(1) ninety-five percent (95%) of the total amount collected at the
time of the advance; or
(2) ninety-five percent (95%) of the amount to be distributed at
the semiannual distribution.
(c) Every county treasurer shall, not later than thirty (30) days
after receipt of a written request for funds filed with the treasurer
by a proper officer of any political subdivision within the county,
advance to that political subdivision a part of the distributions
received under IC 6-1.1-21-10 from the property tax replacement
fund for the political subdivision. The amount advanced may not
exceed the lesser of:
(1) ninety-five percent (95%) of the amount distributed from
the fund to the county treasurer for the political subdivision
at the time of the advance; or
(2) ninety-five percent (95%) of the total amount to be
distributed by the county treasurer to the political subdivision
on the next scheduled distribution date.
The request for funds under subsection (b) must be filed at least thirty
(30) days before the county treasurer is required to make the advance.
(d) Upon notice from the county treasurer of the amount to be
advanced, the county auditor shall draw a warrant upon the county
treasurer for the amount. The amount of the advance must be available
immediately for the use of the political subdivision.
(d) (e) At the semiannual distribution all the advances made to any
political subdivision under subsection (b) or (c) shall be deducted from
the total amount due any political subdivision as shown by the
distribution.
SECTION 2. IC 6-1.1-3-22, AS ADDED BY P.L.192-2002(ss),
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 22. (a) Except to the extent that it conflicts with
a statute and subject to subsection (f), 50 IAC 4.2 (as in effect
January 1, 2001), is which was formerly incorporated by reference
into this section, is reinstated as a rule.
(b) Tangible personal property within the scope of 50 IAC 4.2 (as
in effect January 1, 2001) shall be assessed on the assessment dates in
calendar years 2003 and thereafter in conformity with 50 IAC 4.2 (as
in effect January 1, 2001).
(c) The publisher of the Indiana Administrative Code may continue
to shall publish 50 IAC 4.2 (as in effect January 1, 2001) in the Indiana
Administrative Code.
(d) 50 IAC 4.3 and any other rule to the extent that it conflicts with
this section is void.
(e) A reference in 50 IAC 4.2 to a governmental entity that has been
terminated or a statute that has been repealed or amended shall be
treated as a reference to its successor.
(f) The department of local government finance may not amend
or repeal the following (all as in effect January 1, 2001):
(1) 50 IAC 4.2-4-3(f).
(2) 50 IAC 4.2-4-7.
(3) 50 IAC 4.2-4-9.
(4) 50 IAC 4.2-5-7.
(5) 50 IAC 4.2-5-13.
(6) 50 IAC 4.2-6-1.
(7) 50 IAC 4.2-6-2.
(8) 50 IAC 4.2-8-9.
SECTION 3. IC 6-1.1-4-4, AS AMENDED BY P.L.90-2002,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) A general reassessment, involving a
physical inspection of all real property in Indiana, shall begin July 1,
2000, and be the basis for taxes payable in 2003.
(b) A general reassessment, involving a physical inspection of all
real property in Indiana, shall begin July 1, 2007, and each fourth
year thereafter. Each reassessment under this subsection shall be
completed on or before March 1, of the immediately following
even-numbered odd-numbered year, and shall be the basis for taxes
payable in the year following the year in which the general assessment
is to be completed.
(b) (c) In order to ensure that assessing officials and members of
each county property tax assessment board of appeals are prepared for
a general reassessment of real property, the department of local
government finance shall give adequate advance notice of the general
reassessment to the county and township taxing officials of each
county.
SECTION 4. IC 6-1.1-4-4.5, AS ADDED BY P.L.198-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4.5. (a) The department of local government
finance shall adopt rules establishing a system for annually adjusting
the assessed value of real property to account for changes in value in
those years since a general reassessment of property last took effect.
(b) The system must be applied to adjust assessed values beginning
with the 2006 2005 assessment date and each year thereafter that is not
a year in which a reassessment becomes effective.
(c) The system must have the following characteristics:
(1) Promote uniform and equal assessment of real property within
and across classifications.
(2) Apply all objectively verifiable factors used in mass valuation
techniques that are reasonably expected to affect the value of real
property in Indiana.
(3) Prescribe as many adjustment percentages and whatever
categories of percentages the department of local government
finance finds necessary to achieve objectively verifiable updated
just valuations of real property. An adjustment percentage for a
particular classification may be positive or negative.
(4) Prescribe procedures, including computer software programs,
that permit the application of the adjustment percentages in an
efficient manner by assessing officials.
SECTION 5. IC 6-1.1-4-27.5, AS AMENDED BY P.L.151-2002,
SECTION 1 and P.L.178-2002, SECTION 7, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 27.5. (a)
The auditor of each county shall establish a property reassessment
fund. The county treasurer shall deposit all collections resulting from
the property taxes that the county is required to levy under this section
in the county's property reassessment fund.
(b) With respect to the general reassessment of real property which
is to commence on July 1, 2004, the county council of each county
shall, for property taxes due in the year in which the general
reassessment is to commence and the two (2) years immediately
preceding that year, levy against all the taxable property of the county
an amount equal to one-third (1/3) of the estimated cost of the general
reassessment.
(c) (b) With respect to a general reassessment of real property that
is to commence on July 1, 2008, 2007, and each fourth year thereafter,
the county council of each county shall, for property taxes due in the
year that the general reassessment is to commence and the three (3)
years preceding that year, levy against all the taxable property in the
county an amount equal to one-fourth (1/4) of the estimated cost of the
general reassessment.
(d) (c) The department of local government finance shall give to
each county council notice, before January 1 in a year, of the tax levies
required by this section for that year.
(e) (d) The department of local government finance may raise or
lower the property tax levy under this section for a year if the
department determines it is appropriate because the estimated cost of
a general reassessment, including a general reassessment to be
completed for the March 1, 2002, assessment date, has changed.
(f) (e) If the county council determines that there is insufficient
money in the county's reassessment fund to pay all expenses (as
permitted under sections 28.5 and 32 of this chapter) relating to the
general reassessment of real property commencing July 1, 2000, the
county may, for the purpose of paying expenses (as permitted under
sections 28.5 and 32 of this chapter) relating to the general
reassessment commencing July 1, 2000, use money deposited in the
fund from the tax levy under this section for 2000 or a later year.
SECTION 6. IC 6-1.1-5.5-3, AS AMENDED BY P.L.90-2002,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) Before filing a conveyance document with
the county auditor under IC 6-1.1-5-4, all the parties to the conveyance
must complete and sign a sales disclosure form as prescribed by the
department of local government finance under section 5 of this chapter.
All the parties may sign one (1) form, or if all the parties do not agree
on the information to be included on the completed form, each party
may sign and file a separate form.
(b) Except as provided in subsection (c), the auditor shall forward
each sales disclosure form to the county assessor. The county assessor
shall retain the forms for five (5) years. The county assessor shall
forward the sales disclosure form data to the department of local
government finance and the legislative services agency, in electronic
format if possible. The county assessor shall forward a copy of the sales
disclosure forms to the township assessors in the county. The forms
may be used by the county assessing officials, and the department of
local government finance, and the legislative services agency for the
purposes established in IC 6-1.1-4-13.6, sales ratio studies,
equalization, and any other authorized purpose.
(c) In a county containing a consolidated city, the auditor shall
forward the sales disclosure form to the appropriate township assessor.
The township assessor shall forward the sales disclosure form to the
department of local government finance and the legislative services
agency, in electronic format if possible. The township assessor shall
forward a copy of the sales disclosure forms to the township assessors
in the county. The forms may be used by the county assessing officials,
and the department of local government finance, and the legislative
services agency for the purposes established in IC 6-1.1-4-13.6, sales
ratio studies, equalization, and any other authorized purpose.
SECTION 7. IC 6-1.1-8-44, AS ADDED BY P.L.192-2002(ss),
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 44. (a) Except to the extent that it conflicts with
a statute and subject to subsection (f), 50 IAC 5.1 (as in effect
January 1, 2001), is which was formerly incorporated by reference
into this section, is reinstated as a rule.
(b) Tangible personal property within the scope of 50 IAC 5.1 (as
in effect January 1, 2001) shall be assessed on the assessment dates in
calendar years 2003 and thereafter in conformity with 50 IAC 5.1 (as
in effect January 1, 2001).
(c) The publisher of the Indiana Administrative Code may continue
to shall publish 50 IAC 5.1 (as in effect January 1, 2001) in the Indiana
Administrative Code.
or new research and development equipment, or both.
(4) With respect to new manufacturing equipment used to dispose
of solid waste or hazardous waste by converting the solid waste
or hazardous waste into energy or other useful products, an
estimate of the amount of solid waste or hazardous waste that will
be converted into energy or other useful products by the new
manufacturing equipment.
The statement of benefits may be incorporated in a designation
application. Notwithstanding any other law, a statement of benefits is
a public record that may be inspected and copied under IC 5-14-3-3.
(c) The designating body must review the statement of benefits
required under subsection (b). The designating body shall determine
whether an area should be designated an economic revitalization area
or whether the deduction shall be allowed, based on (and after it has
made) the following findings:
(1) Whether the estimate of the cost of the new manufacturing
equipment or new research and development equipment, or both,
is reasonable for equipment of that type.
(2) With respect to:
(A) new manufacturing equipment not used to dispose of solid
waste or hazardous waste by converting the solid waste or
hazardous waste into energy or other useful products; and
(B) new research and development equipment;
whether the estimate of the number of individuals who will be
employed or whose employment will be retained can be
reasonably expected to result from the installation of the new
manufacturing equipment or new research and development
equipment, or both.
(3) Whether the estimate of the annual salaries of those
individuals who will be employed or whose employment will be
retained can be reasonably expected to result from the proposed
installation of new manufacturing equipment or new research and
development equipment, or both.
(4) With respect to new manufacturing equipment used to dispose
of solid waste or hazardous waste by converting the solid waste
or hazardous waste into energy or other useful products, whether
the estimate of the amount of solid waste or hazardous waste that
will be converted into energy or other useful products can be
reasonably expected to result from the installation of the new
manufacturing equipment.
(5) Whether any other benefits about which information was
requested are benefits that can be reasonably expected to result
from the proposed installation of new manufacturing equipment
or new research and development equipment, or both.
(6) Whether the totality of benefits is sufficient to justify the
deduction.
The designating body may not designate an area an economic
revitalization area or approve the deduction unless it makes the
findings required by this subsection in the affirmative.
(d) Except as provided in subsection (h), an owner of new
manufacturing equipment or new research and development
equipment, or both, whose statement of benefits is approved after June
30, 2000, is entitled to a deduction from the assessed value of that
equipment for the number of years determined by the designating body
under subsection (g). Except as provided in subsection (f) and in
section 2(i)(3) of this chapter, the amount of the deduction that an
owner is entitled to for a particular year equals the product of:
(1) the assessed value of the new manufacturing equipment or
new research and development equipment, or both, in the year of
deduction under the appropriate table set forth in subsection (e);
multiplied by
(2) the percentage prescribed in the table set forth in subsection
(e).
(e) The percentage to be used in calculating the deduction under
subsection (d) is as follows:
(1) For deductions allowed over a one (1) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd and thereafter 0%
(2) For deductions allowed over a two (2) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 50%
3rd and thereafter 0%
(3) For deductions allowed over a three (3) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 66%
3rd 33%
4th and thereafter 0%
(4) For deductions allowed over a four (4) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 75%
determination shall be made:
(1) as part of the resolution adopted under section 2.5 of this
chapter; or
(2) by resolution adopted within sixty (60) days after receiving a
copy of a property owner's certified deduction application from the
department of local government finance. county auditor. A
certified copy of the resolution shall be sent to the county auditor.
A determination about the number of years the deduction is allowed
that is made under subdivision (1) is final and may not be changed by
following the procedure under subdivision (2).
(h) The owner of new manufacturing equipment that is directly used
to dispose of hazardous waste is not entitled to the deduction provided
by this section for a particular assessment year if during that
assessment year the owner:
(1) is convicted of a violation under IC 13-7-13-3 (repealed),
IC 13-7-13-4 (repealed), or IC 13-30-6; or
(2) is subject to an order or a consent decree with respect to
property located in Indiana based on a violation of a federal or state
rule, regulation, or statute governing the treatment, storage, or
disposal of hazardous wastes that had a major or moderate
potential for harm.
SECTION 9. IC 6-1.1-12.1-5, AS AMENDED BY P.L.90-2002,
SECTION 122, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 5. (a) A property owner who desires
to obtain the deduction provided by section 3 of this chapter must file
a certified deduction application, on forms prescribed by the
department of local government finance, with the auditor of the county
in which the property is located. Except as otherwise provided in
subsection (b) or (e), the deduction application must be filed before
May 10 of the year in which the addition to assessed valuation is made.
(b) If notice of the addition to assessed valuation or new assessment
for any year is not given to the property owner before April 10 of that
year, the deduction application required by this section may be filed not
later than thirty (30) days after the date such a notice is mailed to the
property owner at the address shown on the records of the township
assessor.
(c) The deduction application required by this section must contain
the following information:
(1) The name of the property owner.
(2) A description of the property for which a deduction is claimed
in sufficient detail to afford identification.
(3) The assessed value of the improvements before rehabilitation.
research and development equipment, or both.
(3) Proof of the date the new manufacturing equipment or new
research and development equipment, or both, was installed.
(4) The amount of the deduction claimed for the first year of the
deduction.
(c) This subsection applies to a deduction application with respect to
new manufacturing equipment or new research and development
equipment, or both, for which a statement of benefits was initially
approved after April 30, 1991. If a determination about the number of
years the deduction is allowed has not been made in the resolution
adopted under section 2.5 of this chapter, the county auditor shall send
a copy of the deduction application to the designating body, and the
designating body shall adopt a resolution under section 4.5(g)(2) of this
chapter.
(d) A deduction application must be filed under this section in the
year in which the new manufacturing equipment or new research and
development equipment, or both, is installed and in each of the
immediately succeeding years the deduction is allowed.
(e) On verification of the correctness of a deduction application by
the assessor of the township in which the property is located, Subject
to subsection (i), the county auditor shall:
(1) review the deduction application; and
(2) approve, deny, or alter the amount of the deduction.
Upon approval of the deduction application or alteration of the amount
of the deduction, the county auditor shall make the deduction. The
county auditor shall notify the county property tax assessment board of
appeals of all deductions approved under this section.
(f) If the ownership of new manufacturing equipment or new research
and development equipment, or both, changes, the deduction provided
under section 4.5 of this chapter continues to apply to that equipment
if the new owner:
(1) continues to use the equipment in compliance with any
standards established under section 2(g) of this chapter; and
(2) files the deduction applications required by this section.
(g) The amount of the deduction is the percentage under section 4.5
of this chapter that would have applied if the ownership of the property
had not changed multiplied by the assessed value of the equipment for
the year the deduction is claimed by the new owner.
(h) A person may appeal the determination of the county auditor
under subsection (e) by filing a complaint in the office of the clerk
of the circuit or superior court not more than forty-five (45) days
after the county auditor gives the person notice of the
determination.
(i) Before the county auditor acts under subsection (e), the county
auditor may request that the township assessor in which the
property is located review the deduction application.
SECTION 11. IC 6-1.1-12.1-11.3, AS AMENDED BY P.L.4-2000,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 11.3. (a) This section applies only to the following
requirements: under section 3, of this chapter:
(1) Failure to provide the completed statement of benefits form to
the designating body before the hearing required by section 2.5(c)
of this chapter.
(2) Failure to submit the completed statement of benefits form to
the designating body before the initiation of the redevelopment or
rehabilitation or the installation of new manufacturing equipment
or new research and development equipment, or both, for which
the person desires to claim a deduction under this chapter.
(3) Failure to designate an area as an economic revitalization area
before the initiation of the:
(A) redevelopment;
(B) installation of new manufacturing equipment or new
research and development equipment, or both; or
(C) rehabilitation;
for which the person desires to claim a deduction under this
chapter.
(4) Failure to make the required findings of fact before designating
an area as an economic revitalization area or authorizing a
deduction for new manufacturing equipment or new research and
development equipment, or both, under section 2, 3, or 4.5 of this
chapter.
(5) Failure to file a:
(A) timely; or
(B) complete;
deduction application under section 5 or 5.4 of this chapter.
(b) This section does not grant a designating body the authority to
exempt a person from filing a statement of benefits or exempt a
designating body from making findings of fact.
(c) A designating body may by resolution waive noncompliance
described under subsection (a) under the terms and conditions specified
in the resolution. Before adopting a waiver under this subsection, the
designating body shall conduct a public hearing on the waiver.
SECTION 12. IC 6-1.1-12.1-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 13. The department of local
government finance shall adopt rules under IC 4-22-2 to implement
this chapter.
SECTION 13. IC 6-1.1-15-4, AS AMENDED BY P.L.198-2001,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) After receiving a petition for review which
is filed under section 3 of this chapter, the Indiana board shall conduct
a hearing at its earliest opportunity. In addition, The Indiana board
may:
(1) assign:
(A) full;
(B) limited; or
(C) no;
evidentiary value to the assessed valuation of tangible property
determined by stipulation submitted as evidence of a
comparable sale; and
(2) correct any errors that may have been made, and adjust the
assessment in accordance with the correction.
If the Indiana board conducts a site inspection of the property as part
of its review of the petition, the Indiana board shall give notice to all
parties of the date and time of the site inspection. The Indiana board is
not required to assess the property in question. The Indiana board shall
give notice of the date fixed for the hearing, by mail, to the taxpayer
and to the appropriate township assessor, county assessor, and county
auditor. The Indiana board shall give these notices at least thirty (30)
days before the day fixed for the hearing. The property tax assessment
board of appeals that made the determination under appeal under this
section may, with the approval of the county executive, file an amicus
curiae brief in the review proceeding under this section. The expenses
incurred by the property tax assessment board of appeals in filing the
amicus curiae brief shall be paid from the property reassessment fund
under IC 6-1.1-4-27. In addition, IC 6-1.1-4-27.5. The executive of a
taxing unit may file an amicus curiae brief in the review proceeding
under this section if the property whose assessment is under appeal is
subject to assessment by that taxing unit.
(b) If a petition for review does not comply with the Indiana board's
instructions for completing the form prescribed under section 3 of this
chapter, the Indiana board shall return the petition to the petitioner and
include a notice describing the defect in the petition. The petitioner
then has thirty (30) days from the date on the notice to cure the defect
and file a corrected petition. The Indiana board shall deny a corrected
petition for review if it does not substantially comply with the Indiana
board's instructions for completing the form prescribed under section
3 of this chapter.
(c) The Indiana board shall prescribe a form for use in processing
petitions for review of actions by the county property tax assessment
board of appeals. The Indiana board shall issue instructions for
completion of the form. The form must require the Indiana board to
indicate agreement or disagreement with each item that is:
(1) indicated on the petition submitted under section 1(e) of this
chapter;
(2) included in the township assessor's response under section 1(g)
of this chapter; and
(3) included in the county property tax assessment board of
appeals' findings, record, and determination under section 2.1(d)
of this chapter.
The form must also require the Indiana board to indicate the issues in
dispute and its reasons in support of its resolution of those issues.
(d) After the hearing the Indiana board shall give the petitioner, the
township assessor, the county assessor, and the county auditor:
(1) notice, by mail, of its final determination;
(2) a copy of the form completed under subsection (c); and
(3) notice of the procedures they must follow in order to obtain
court review under section 5 of this chapter.
(e) Except as provided in subsection (f), the Indiana board shall
conduct a hearing within not later than nine (9) months after a petition
in proper form is filed with the Indiana board, excluding any time due
to a delay reasonably caused by the petitioner.
(f) With respect to an appeal of a real property assessment that takes
effect on the assessment date on which a general reassessment of real
property takes effect under IC 6-1.1-4-4, the Indiana board shall
conduct a hearing within not later than one (1) year after a petition in
proper form is filed with the Indiana board, excluding any time due to
a delay reasonably caused by the petitioner.
(g) Except as provided in subsection (h), the Indiana board shall
make a determination within not later than the later of ninety (90)
days after the hearing or the date set in an extension order issued by the
Indiana board.
(h) With respect to an appeal of a real property assessment that takes
effect on the assessment date on which a general reassessment of real
property takes effect under IC 6-1.1-4-4, the Indiana board shall make
a determination within not later than the later of one hundred eighty
(180) days after the hearing or the date set in an extension order issued
by the Indiana board.
filed before the review proceeding; or
(2) with the approval of the township assessor, represent the
township assessor;
in a review proceeding under this section.
(o) The Indiana board may base its final determination on a
stipulation between the respondent and the petitioner. If the final
determination is based on a stipulated assessed valuation of
tangible property, the Indiana board may order the placement of
a notation on the permanent assessment record of the tangible
property that the assessed valuation was determined by stipulation.
The Indiana board may:
(1) order that a final determination under this subsection has
no precedential value; or
(2) specify a limited precedential value of a final determination
under this subsection.
SECTION 14. IC 6-1.1-15-5, AS AMENDED BY HEA 1814-2003,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. (a) Within Not later than fifteen (15) days
after the Indiana board gives notice of its final determination under
section 4 of this chapter to the party or the maximum allowable time for
the issuance of a final determination by the Indiana board under section
4 of this chapter expires, a party to the proceeding may request a
rehearing before the Indiana board. The Indiana board may conduct a
rehearing and affirm or modify its final determination, giving the same
notices after the rehearing as are required by section 4 of this chapter.
The Indiana board has fifteen (15) days after receiving a petition for a
rehearing to determine whether to grant a rehearing. Failure to grant a
rehearing within not later than fifteen (15) days after receiving the
petition shall be treated as a final determination to deny the petition. A
petition for a rehearing does not toll the time in which to file a petition
for judicial review unless the petition for rehearing is granted. If the
Indiana board determines to rehear a final determination, the Indiana
board:
(1) may conduct the additional hearings that the Indiana board
determines necessary or review the written record without
additional hearings; and
(2) shall issue a final determination within not later than ninety
(90) days after notifying the parties that the Indiana board will
rehear the final determination.
Failure If of the Indiana board fails to make a final determination
within the time allowed under subdivision (2), shall be treated as a final
determination affirming the original decision of the Indiana board.
entity that initiated the petition for rehearing may take no action
and wait for the Indiana board to make a final determination or
petition for judicial review under subsection (g).
(b) A person may petition for judicial review of the final
determination of the Indiana board regarding the assessment of that
person's tangible property. The action shall be taken to the tax court
under IC 4-21.5-5. Petitions for judicial review may be consolidated at
the request of the appellants if it can be done in the interest of justice.
The property tax assessment board of appeals that made the
determination under appeal under this section may, with the approval
of the county executive, file an amicus curiae brief in the review
proceeding under this section. The expenses incurred by the property
tax assessment board of appeals in filing the amicus curiae brief shall
be paid from the property reassessment fund under IC 6-1.1-4-27.5.
In addition, the executive of a taxing unit may file an amicus curiae
brief in the review proceeding under this section if the property whose
assessment is under appeal is subject to assessment by that taxing unit.
The department of local government finance may intervene in an action
taken under this subsection if the interpretation of a rule of the
department is at issue in the action. A township assessor, county
assessor, member of a county property tax assessment board of appeals,
or county property tax assessment board of appeals that made the
original assessment determination under appeal under this section is a
party to the review under this section to defend the determination.
(c) Except as provided in subsection (g), to initiate a proceeding for
judicial review under this section, a person must take the action
required by subsection (b) within: not later than:
(1) forty-five (45) days after the Indiana board gives the person
notice of its final determination, unless a rehearing is conducted
under subsection (a); or
(2) thirty (30) days after the Indiana board gives the person notice
under subsection (a) of its final determination, if a rehearing is
conducted under subsection (a) or the maximum time elapses for
the Indiana board to make a determination under this section.
(d) The failure of the Indiana board to conduct a hearing within the
period prescribed in section 4(f) or 4(g) of this chapter does not
constitute notice to the person of an Indiana board final determination.
(e) The county executive may petition for judicial review to the tax
court in the manner prescribed in this section upon request by the
county assessor or elected township assessor.
(f) If the county executive determines upon a request under this
subsection to not appeal to the tax court:
appeal is finally terminated. However, this evidence must be briefly
named and identified in the transcript of the evidence and proceedings.
(c) Except with respect to a petition filed under section 5(g) of
this chapter, if the tax court judge finds that:
(1) a report of all or a part of the evidence or proceedings at a
hearing conducted by the Indiana board was not made; or
(2) a transcript is unavailable;
a party to the appeal initiated under section 5 of this chapter may, at the
discretion of the tax court judge, prepare a statement of the evidence or
proceedings. The statement must be submitted to the tax court and also
must be served on all other parties. A party to the proceeding may serve
objections or prepare amendments to the statement not later than ten
(10) days after service.
SECTION 16. IC 6-1.1-18.5-13, AS AMENDED BY HEA
1814-2003, SECTION 18, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 13. With respect to an appeal filed
under section 12 of this chapter, the local government tax control board
may recommend that a civil taxing unit receive any one (1) or more of
the following types of relief:
(1) Permission to the civil taxing unit to reallocate the amount set
aside as a property tax replacement credit as required by
IC 6-3.5-1.1 for a purpose other than property tax relief. However,
whenever this occurs, the local government tax control board shall
also state the amount to be reallocated.
(2) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if in
the judgment of the local government tax control board the
increase is reasonably necessary due to increased costs of the civil
taxing unit resulting from annexation, consolidation, or other
extensions of governmental services by the civil taxing unit to
additional geographic areas or persons.
(3) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if the
local government tax control board finds that the civil taxing unit
needs the increase to meet the civil taxing unit's share of the costs
of operating a court established by statute enacted after December
31, 1973. Before recommending such an increase, the local
government tax control board shall consider all other revenues
available to the civil taxing unit that could be applied for that
purpose. The maximum aggregate levy increases that the local
government tax control board may recommend for a particular
court equals the civil taxing unit's share of the costs of operating a
court for the first full calendar year in which it is in existence.
(4) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if the
local government tax control board finds that the quotient
determined under STEP SIX of the following formula is equal to
or greater than one and three-hundredths (1.03):
STEP ONE: Determine the three (3) calendar years that most
immediately precede the ensuing calendar year and in which a
statewide general reassessment of real property does not first
become effective.
STEP TWO: Compute separately, for each of the calendar years
determined in STEP ONE, the quotient (rounded to the nearest
ten-thousandth (0.0001)) of the sum of the civil taxing unit's
total assessed value of all taxable property and the total
assessed value of property tax deductions in the unit under
IC 6-1.1-12-41 or IC 6-1.1-12-42 in the particular calendar
year, divided by the sum of the civil taxing unit's total assessed
value of all taxable property and the total assessed value of
property tax deductions in the unit under IC 6-1.1-12-41 or
IC 6-1.1-12-42 in the calendar year immediately preceding the
particular calendar year.
STEP THREE: Divide the sum of the three (3) quotients
computed in STEP TWO by three (3).
STEP FOUR: Compute separately, for each of the calendar years
determined in STEP ONE, the quotient (rounded to the nearest
ten-thousandth (0.0001)) of the sum of the total assessed value
of all taxable property in the state all counties and the total
assessed value of property tax deductions in all counties
under IC 6-1.1-12-41 or IC 6-1.1-12-42 in the particular
calendar year, divided by the sum of the total assessed value of
all taxable property in the state all counties and the total
assessed value of property tax deductions in all counties
under IC 6-1.1-12-41 or IC 6-1.1-12-42 in the calendar year
immediately preceding the particular calendar year.
STEP FIVE: Divide the sum of the three (3) quotients computed
in STEP FOUR by three (3).
STEP SIX: Divide the STEP THREE amount by the STEP FIVE
amount.
In addition, before the local government tax control board may
recommend the relief allowed under this subdivision, the civil
taxing unit must show a need for the increased levy because of
special circumstances, and the local government tax control board
must consider other sources of revenue and other means of relief.
The civil taxing unit may increase its levy by a percentage not
greater than the percentage by which the STEP THREE
amount exceeds the percentage by which the civil taxing unit
may increase its levy under section 3 of this chapter based on
the assessed value growth quotient determined under section
2 of this chapter.
(5) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if the
local government tax control board finds that the civil taxing unit
needs the increase to pay the costs of furnishing fire protection for
the civil taxing unit through a volunteer fire department. For
purposes of determining a township's need for an increased levy,
the local government tax control board shall not consider the
amount of money borrowed under IC 36-6-6-14 during the
immediately preceding calendar year. However, any increase in the
amount of the civil taxing unit's levy recommended by the local
government tax control board under this subdivision for the
ensuing calendar year may not exceed the lesser of:
(A) ten thousand dollars ($10,000); or
(B) twenty percent (20%) of:
(i) the amount authorized for operating expenses of a volunteer
fire department in the budget of the civil taxing unit for the
immediately preceding calendar year; plus
(ii) the amount of any additional appropriations authorized
during that calendar year for the civil taxing unit's use in
paying operating expenses of a volunteer fire department
under this chapter; minus
(iii) the amount of money borrowed under IC 36-6-6-14 during
that calendar year for the civil taxing unit's use in paying
operating expenses of a volunteer fire department.
(6) Permission to a civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter in
order to raise revenues for pension payments and contributions the
civil taxing unit is required to make under IC 36-8. The maximum
increase in a civil taxing unit's levy that may be recommended
under this subdivision for an ensuing calendar year equals the
amount, if any, by which the pension payments and contributions
the civil taxing unit is required to make under IC 36-8 during the
ensuing calendar year exceeds the product of one and one-tenth
(1.1) multiplied by the pension payments and contributions made
by the civil taxing unit under IC 36-8 during the calendar year that
immediately precedes the ensuing calendar year. For purposes of
this subdivision, "pension payments and contributions made by a
civil taxing unit" does not include that part of the payments or
contributions that are funded by distributions made to a civil taxing
unit by the state.
(7) Permission to increase its levy in excess of the limitations
established under section 3 of this chapter if the local government
tax control board finds that:
(A) the township's poor relief ad valorem property tax rate is less
than one and sixty-seven hundredths cents ($0.0167) per one
hundred dollars ($100) of assessed valuation; and
(B) the township needs the increase to meet the costs of
providing poor relief under IC 12-20 and IC 12-30-4.
The maximum increase that the board may recommend for a
township is the levy that would result from an increase in the
township's poor relief ad valorem property tax rate of one and
sixty-seven hundredths cents ($0.0167) per one hundred dollars
($100) of assessed valuation minus the township's ad valorem
property tax rate per one hundred dollars ($100) of assessed
valuation before the increase.
(8) Permission to a civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter if:
(A) the increase has been approved by the legislative body of the
municipality with the largest population where the civil taxing
unit provides public transportation services; and
(B) the local government tax control board finds that the civil
taxing unit needs the increase to provide adequate public
transportation services.
The local government tax control board shall consider tax rates and
levies in civil taxing units of comparable population, and the effect
(if any) of a loss of federal or other funds to the civil taxing unit
that might have been used for public transportation purposes.
However, the increase that the board may recommend under this
subdivision for a civil taxing unit may not exceed the revenue that
would be raised by the civil taxing unit based on a property tax rate
of one cent ($0.01) per one hundred dollars ($100) of assessed
valuation.
(9) Permission to a civil taxing unit to increase the unit's levy in
excess of the limitations established under section 3 of this chapter
if the local government tax control board finds that:
(A) the civil taxing unit is:
(i) a county having a population of more than one hundred
forty-eight thousand (148,000) but less than one hundred
seventy thousand (170,000);
(ii) a city having a population of more than fifty-five thousand
(55,000) but less than fifty-nine thousand (59,000);
(iii) a city having a population of more than twenty-eight
thousand seven hundred (28,700) but less than twenty-nine
thousand (29,000);
(iv) a city having a population of more than fifteen thousand
four hundred (15,400) but less than sixteen thousand six
hundred (16,600); or
(v) a city having a population of more than seven thousand
(7,000) but less than seven thousand three hundred (7,300);
and
(B) the increase is necessary to provide funding to undertake
removal (as defined in IC 13-11-2-187) and remedial action (as
defined in IC 13-11-2-185) relating to hazardous substances (as
defined in IC 13-11-2-98) in solid waste disposal facilities or
industrial sites in the civil taxing unit that have become a
menace to the public health and welfare.
The maximum increase that the local government tax control board
may recommend for such a civil taxing unit is the levy that would
result from a property tax rate of six and sixty-seven hundredths
cents ($0.0667) for each one hundred dollars ($100) of assessed
valuation. For purposes of computing the ad valorem property tax
levy limit imposed on a civil taxing unit under section 3 of this
chapter, the civil taxing unit's ad valorem property tax levy for a
particular year does not include that part of the levy imposed under
this subdivision. In addition, a property tax increase permitted
under this subdivision may be imposed for only two (2) calendar
years.
(10) Permission for a county having a population of more than
eighty thousand (80,000) but less than ninety thousand (90,000) to
increase the county's levy in excess of the limitations established
under section 3 of this chapter, if the local government tax control
board finds that the county needs the increase to meet the county's
share of the costs of operating a jail or juvenile detention center,
including expansion of the facility, if the jail or juvenile detention
center is opened after December 31, 1991. Before recommending
an increase, the local government tax control board shall consider
all other revenues available to the county that could be applied for
that purpose. An appeal for operating funds for a jail or juvenile
detention center shall be considered individually, if a jail and
juvenile detention center are both opened in one (1) county. The
maximum aggregate levy increases that the local government tax
control board may recommend for a county equals the county's
share of the costs of operating the jail or juvenile detention center
for the first full calendar year in which the jail or juvenile detention
center is in operation.
(11) Permission for a township to increase its levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the township needs the
increase so that the property tax rate to pay the costs of furnishing
fire protection for a township, or a portion of a township, enables
the township to pay a fair and reasonable amount under a contract
with the municipality that is furnishing the fire protection.
However, for the first time an appeal is granted the resulting rate
increase may not exceed fifty percent (50%) of the difference
between the rate imposed for fire protection within the
municipality that is providing the fire protection to the township
and the township's rate. A township is required to appeal a second
time for an increase under this subdivision if the township wants
to further increase its rate. However, a township's rate may be
increased to equal but may not exceed the rate that is used by the
municipality. More than one (1) township served by the same
municipality may use this appeal.
(12) Permission for a township to increase its levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the township has been
required, for the three (3) consecutive years preceding the year for
which the appeal under this subdivision is to become effective, to
borrow funds under IC 36-6-6-14 to furnish fire protection for the
township or a part of the township. However, the maximum
increase in a township's levy that may be allowed under this
subdivision is the least of the amounts borrowed under
IC 36-6-6-14 during the preceding three (3) calendar years. A
township may elect to phase in an approved increase in its levy
under this subdivision over a period not to exceed three (3) years.
A particular township may appeal to increase its levy under this
section not more frequently than every fourth calendar year.
(13) Permission to a city having a population of more than
twenty-nine thousand (29,000) but less than thirty-one thousand
(31,000) to increase its levy in excess of the limitations established
under section 3 of this chapter if:
(A) an appeal was granted to the city under subdivision (1) in
1998, 1999, and 2000; and
(B) the increase has been approved by the legislative body of the
city, and the legislative body of the city has by resolution
determined that the increase is necessary to pay normal operating
expenses.
The maximum amount of the increase is equal to the amount of
property tax replacement credits under IC 6-3.5-1.1 that the city
petitioned to have reallocated in 2001 under subdivision (1) for a
purpose other than property tax relief.
SECTION 17. IC 6-1.1-20.8-3, AS AMENDED BY HEA 1814-2003,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) The county auditor shall determine the
eligibility of each applicant under this chapter and shall notify the
applicant of the determination before August 15 of the year in which
the application is made.
(b) A person may appeal the determination of the county auditor
under subsection (a) by filing a complaint in the office of the clerk
of the circuit or superior court not more than forty-five (45) days
after the county auditor gives the person notice of the
determination.
SECTION 18. IC 6-1.1-20.8-4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 4. An urban enterprise
association created under IC 4-4-6.1-4 may by resolution waive
failure to file a:
(1) timely; or
(2) complete;
credit application under section 2.5 of this chapter. Before
adopting a waiver under this subsection, the urban enterprise
association shall conduct a public hearing on the waiver.
SECTION 19. IC 6-1.1-21-4, AS AMENDED BY P.L.192-2002(ss),
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) Each year the department shall allocate from
the property tax replacement fund an amount equal to the sum of:
(1) each county's total eligible property tax replacement amount for
that year; plus
(2) the total amount of homestead tax credits that are provided
under IC 6-1.1-20.9 and allowed by each county for that year; plus
(3) an amount for each county that has one (1) or more taxing
districts that contain all or part of an economic development
district that meets the requirements of section 5.5 of this chapter.
This amount is the sum of the amounts determined under the
following STEPS for all taxing districts in the county that contain
all or part of an economic development district:
STEP ONE: Determine that part of the sum of the amounts under
section 2(g)(1)(A) and 2(g)(2) of this chapter that is attributable
to the taxing district.
STEP TWO: Divide:
(A) that part of the subdivision (1) amount that is attributable
to the taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; times
(B) the taxes levied in the taxing district that are allocated to
a special fund under IC 6-1.1-39-5.
(b) Except as provided in subsection (e), between March 1 and
August 31 of each year, the department shall distribute to each county
treasurer from the property tax replacement fund one-half (1/2) of the
estimated distribution for that year for the county. Between September
1 and December 15 of that year, the department shall distribute to each
county treasurer from the property tax replacement fund the remaining
one-half (1/2) of each estimated distribution for that year. The amount
of the distribution for each of these periods shall be according to a
schedule determined by the property tax replacement fund board under
section 10 of this chapter. The estimated distribution for each county
may be adjusted from time to time by the department to reflect any
changes in the total county tax levy upon which the estimated
distribution is based.
(c) On or before December 31 of each year or as soon thereafter as
possible, the department shall make a final determination of the amount
which should be distributed from the property tax replacement fund to
each county for that calendar year. This determination shall be known
as the final determination of distribution. The department shall
distribute to the county treasurer or receive back from the county
treasurer any deficit or excess, as the case may be, between the sum of
the distributions made for that calendar year based on the estimated
distribution and the final determination of distribution. The final
determination of distribution shall be based on the auditor's abstract
filed with the auditor of state, adjusted for postabstract adjustments
included in the December settlement sheet for the year, and such
additional information as the department may require.
(d) All distributions provided for in this section shall be made on
warrants issued by the auditor of state drawn on the treasurer of state.
If the amounts allocated by the department from the property tax
replacement fund exceed in the aggregate the balance of money in the
fund, then the amount of the deficiency shall be transferred from the
state general fund to the property tax replacement fund, and the auditor
of state shall issue a warrant to the treasurer of state ordering the
payment of that amount. However, any amount transferred under this
section from the general fund to the property tax replacement fund
shall, as soon as funds are available in the property tax replacement
fund, be retransferred from the property tax replacement fund to the
state general fund, and the auditor of state shall issue a warrant to the
treasurer of state ordering the replacement of that amount.
(e) Except as provided in subsection (i), the department shall not
distribute under subsection (b) and section 10 of this chapter the money
attributable to the county's property reassessment fund if:
(1) by the date the distribution is scheduled to be made, the county
auditor has not sent a certified statement required to be sent by that
date under IC 6-1.1-17-1 to the department of local government
finance; or
(2) by the deadline under IC 36-2-9-20, the county auditor has
not transmitted data as required under that section.
(f) Except as provided in subsection (i), if the elected township
assessors in the county, the elected township assessors and the county
assessor, or the county assessor has not transmitted to the department
of local government finance by October 1 of the year in which the
distribution is scheduled to be made the data for all townships in the
county required to be transmitted under IC 6-1.1-4-25(b), the state
board or the department shall not distribute under subsection (b) and
section 10 of this chapter a part of the money attributable to the
county's property reassessment fund. The portion not distributed is the
amount that bears the same proportion to the total potential distribution
as the number of townships in the county for which data was not
transmitted by August 1 October 1 as described in this section bears
to the total number of townships in the county.
(g) Money not distributed under subsection (e) shall be distributed to
the county when the county auditor sends to the department of local
government finance the certified statement required to be sent under
IC 6-1.1-17-1 with respect to which the failure to send resulted in the
withholding of the distribution under subsection (e).
(h) Money not distributed under subsection (f) shall be distributed to
the county when the elected township assessors in the county, the
elected township assessors and the county assessor, or the county
assessor transmits to the department of local government finance the
data required to be transmitted under IC 6-1.1-4-25(b) with respect to
which the failure to transmit resulted in the withholding of the
distribution under subsection (f).
(i) The restrictions on distributions under subsections (e) and (f) do
not apply if the department of local government finance determines
that:
(1) the failure of a county auditor to send a certified statement as
described in subsection (e); or
(2) the failure of an official to transmit data as described in
subsection (f);
is justified by unusual circumstances.
SECTION 20. IC 6-1.1-28-6, AS AMENDED BY P.L.1-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 6. The county auditor assessor shall give notice
of the time, place, and purpose of each annual session of the county
property tax assessment board. The county auditor assessor shall give
the notice two (2) weeks before the first meeting of the board by:
(1) publication in two (2) newspapers of general circulation which
are published in the county and which represent different political
parties; or
(2) publication in one (1) newspaper of general circulation
published in the county if the requirements of clause (1) of this
section cannot be satisfied; or
(3) posting in three (3) public places in each township of the
county if a newspaper of general circulation is not published in the
county.
SECTION 21. IC 6-1.5-1-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 4. "Small claim" means an appeal:
(1) under IC 6-1.5-4-1 of a determination of assessed valuation
of tangible property by:
(A) an assessing official; or
(B) the county property tax assessment board of appeals;
that does not exceed one million dollars ($1,000,000); or
(2) under IC 6-1.5-5-1 of a final determination of assessed
valuation of tangible property under:
(A) IC 6-1.1-8; or
(B) IC 6-1.1-16;
by the department of local government finance that does not
exceed one million dollars ($1,000,000).
SECTION 22. IC 6-1.5-5-1, AS AMENDED BY HEA 1814-2003,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. (a) The Indiana board shall conduct impartial
review of all appeals of final determinations of the department of local
government finance made under the following:
(1) IC 6-1.1-8.
(2) IC 6-1.1-14-11.
(3) IC 6-1.1-16.
(4) IC 6-1.1-26-2.
(b) Each notice of final determination issued by the department of
local government finance under a statute listed in subsection (a) must
give the taxpayer notice of:
(1) the opportunity for review under this section; and
(2) the procedures the taxpayer must follow in order to obtain
review under this section.
(c) Except as provided in subsection (e), in order to obtain a review
by the Indiana board under this section, the taxpayer must file a petition
for review with the appropriate county assessor within not later than
forty-five (45) days after the notice of the department of local
government finance's action is given to the taxpayer.
(d) The county assessor shall transmit a petition for review under
subsection (c) to the Indiana board within not later than ten (10) days
after it the petition is filed.
(e) In order to obtain a review by the Indiana board of an appeal of
a final determination of the department of local government finance
under IC 6-1.1-8-30, the public utility company must follow the
procedures in IC 6-1.1-8-30.
(f) In order to obtain a review by the Indiana board of an appeal of a
final determination of the department of local government finance
under IC 6-1.1-12.1-5.4(h), the person must follow the procedures in
IC 6-1.1-12.1-5.4(h).
SECTION 23. IC 6-1.5-5-2, AS ADDED BY P.L.198-2001,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2. (a) After receiving a petition for review that is
filed under a statute listed in section 1(a) of this chapter, the Indiana
board shall, at its earliest opportunity:
(1) conduct a hearing; or
(2) cause a hearing to be conducted by an administrative law judge.
The Indiana board may determine to conduct the hearing under
subdivision (1) on its own motion or on request of a party to the appeal.
(b) In its resolution of a petition, the Indiana board may:
(1) assign:
(A) full;
(B) limited; or
(C) no;
evidentiary value to the assessed valuation of tangible property
determined by stipulation submitted as evidence of a
comparable sale; and
(2) correct any errors that may have been made, and adjust the
assessment in accordance with the correction.
(c) The Indiana board shall give notice of the date fixed for the
hearing, by mail, to:
(1) the taxpayer;
(2) the department of local government finance; and
(3) the appropriate:
(A) township assessor;
(B) county assessor; and
(C) county auditor.
(d) The Indiana board shall give the notices required under
subsection (c) at least thirty (30) days before the day fixed for the
hearing.
SECTION 24. IC 6-1.5-5-4, AS ADDED BY P.L.198-2001,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) An administrative law judge who conducts
a hearing shall submit a written report of findings of fact and
conclusions of law to the Indiana board.
(b) After reviewing the report of the administrative law judge, the
Indiana board may take additional evidence or hold additional hearings.
(c) The Indiana board may base its final determination on a
stipulation between the respondent and the petitioner. If the final
determination is based on a stipulated assessed valuation of
tangible property, the Indiana board may order the placement of
a notation on the permanent assessment record of the tangible
property that the assessed valuation was determined by stipulation.
The Indiana board may:
(1) order that a final determination under this subsection has
no precedential value; or
(2) specify a limited precedential value of a final determination
under this subsection.
(d) If the Indiana board does not issue its final determination
under subsection (c), the Indiana board shall base its final
determination on:
(1) the:
(A) report of the administrative law judge; or
(B) evidence received at a hearing conducted by the Indiana
board;
(2) any additional evidence taken by the Indiana board; and
subdivision in which the property is located to redevelop that:
(i) describes the taxpayer's proposed redevelopment of the
property; in a manner in which the legislative body determines
to be in the best interest of the community.
(ii) indicates the sources and amounts of money to be used
for the remediation and proposed redevelopment of the
property; and
(iii) estimates the value of the remediation and proposed
redevelopment.
(D) Certifies to the legislative body that the taxpayer:
(i) has never had an ownership interest in an entity that
contributed; and
(ii) has not contributed;
to contamination (as defined in IC 13-11-2-43) that is the
subject of the voluntary remediation, as determined under
the written standards adopted by the department of
environmental management and the Indiana development
finance authority.
(2) The legislative body, of the political subdivision in which the
property is located, after holding a public hearing of which
notice was given under IC 5-3-1, adopts a resolution: under
section 7 of this chapter
(A) determining that:
(i) the estimate of the value of the remediation and
proposed redevelopment included in the plan under
subdivision (1)(C)(iii) is reasonable for projects of that
nature; and
(ii) the plan submitted under subdivision (1)(C) is in the
best interest of the community;
(B) determining that the taxpayer:
(i) has never had an ownership interest in an entity that
contributed; and
(ii) has not contributed;
to contamination (as defined in IC 13-11-2-43) that is the
subject of the voluntary remediation, as determined under
the written standards adopted by the department of
environmental management and the Indiana development
finance authority; and
(C) approving the credit.
(3) The department determines under section 15 of this chapter that
the taxpayer's return claiming the credit is filed with the
department before the maximum amount of credits allowed under
this chapter is met.
(b) The redevelopment plan must include a statement of public
benefits, which must include the following:
(1) a description of the proposed redevelopment.
(2) An estimate of the number of individuals who will be employed
or housed in the new development and an estimate of the annual
salaries of the employees.
(c) (b) In determining whether the redevelopment is in the best
interest of the community, the legislative body must consider, among
other things, whether the proposed development promotes:
(1) the development of low to moderate income housing;
(2) the development of green space;
(3) the development of high technology businesses; or
(4) the creation or retention of high paying jobs.
SECTION 30. IC 6-3.1-23-11, AS ADDED BY P.L.109-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2004]: Sec. 11. (a) If the amount determined under
section 6 of this chapter in a taxable year exceeds the taxpayer's state
tax liability for that taxable year, the taxpayer may carry the excess:
(1) over for not more than the immediately following five (5)
taxable years; The amount of the credit carryover from a taxable
year shall be reduced to the extent that the carryover is used by the
taxpayer to obtain a credit under this chapter for any subsequent
taxable year.
(b) A taxpayer is not entitled to a carryback or a refund of any unused
credit. or
(2) back to the immediately preceding taxable year.
(b) The amount of excess available to be used for carryover
under subsection (a)(1) is reduced to the extent it is used for:
(1) a carryover under subsection (a)(1); or
(2) a carryback under subsection (a)(2).
SECTION 31. IC 6-3.1-23-12, AS ADDED BY P.L.109-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2004]: Sec. 12. (a) To be entitled to a credit under this
chapter, a taxpayer must request the department of environmental
management and the Indiana development finance authority to
determine if costs incurred in a voluntary remediation involving a
brownfield are qualified investments.
(b) The request under subsection (a) must be made before the costs
are incurred.
(c) Upon receipt of a request under subsection (a), the department
of environmental management and the Indiana development finance
authority shall: certify costs incurred in a voluntary remediation as a
qualified investment to the extent that
(1) examine the costs
(1) result from work performed in Indiana to conduct a voluntary
remediation under IC 13-25-5 that involves the remediation of a
brownfield;
(2) may not be recovered by the taxpayer from another person after
the taxpayer has made a good faith effort to recover the costs; and
(3) result in taxable income to any other Indiana taxpayer;
as determined under the standards adopted by the department of
environmental management; and
(2) certify any costs that the department and the authority
determine to be a qualified investment.
(d) Upon completion of a voluntary remediation that has for which
costs have been certified as a qualified investment under subsection
(c), the taxpayer:
(1) shall notify the department of environmental management; and
(2) shall request certification of the completion of the voluntary
remediation. from the department of environmental
management:
(A) with respect to voluntary remediation conducted under
IC 13-25-5, the certificate of completion issued by the
commissioner under IC 13-25-5-16 for the voluntary
remediation work plan under which the costs certified under
subsection (c)(2) were incurred; or
(B) with respect to voluntary remediation not conducted
under IC 13-25-5, a certification of the costs incurred for the
voluntary remediation that are consistent with the costs
certified under subsection (c)(2).
SECTION 32. IC 6-3.1-23-13, AS ADDED BY P.L.109-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2004]: Sec. 13. (a) To receive the credit provided by this
chapter, a taxpayer must claim the credit on the taxpayer's state tax
return or returns in the manner prescribed by the department of state
revenue.
(b) The taxpayer shall submit the following to the department of state
revenue:
(1) The certification of the qualified investment by the department
of environmental management and the Indiana development
finance authority and under section 12(c) of this chapter.
(2) Either:
(A) an official copy of the certification of the completion of the
voluntary remediation by the department of environmental
management referred to in section 12(d)(2)(A) of this chapter;
or
(B) the certification issued by the department of
environmental management in response to a request under
section 12(d)(2)(B) of this chapter.
(2) (3) Proof of payment of the certified qualified investment.
(3) Proof (4) A copy of the legislative body's approval of the credit.
resolution adopted under section 5(a)(2) of this chapter.
(4) (5) Information that the department determines is necessary for
the calculation of the credit provided by this chapter.
SECTION 33. IC 6-3.1-23-16, AS ADDED BY P.L.109-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2004]: Sec. 16. A tax credit may not be allowed under
this chapter for a taxable year that begins after December 31, 2003.
2005. However, this section does not affect the ability of a taxpayer to
carry forward the excess of a tax credit claimed for a taxable years
2002 or 2003 year that begins before January 1, 2006, under section
11 of this chapter.
SECTION 34. IC 36-2-9-20, AS ADDED BY P.L.178-2002,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 20. The county auditor shall:
(1) maintain an electronic data file of the information contained on
the tax duplicate for all:
(A) parcels; and
(B) personal property returns;
for each township in the county as of each assessment date;
(2) maintain the file in the form required by:
(A) the legislative services agency; and
(B) the department of local government finance; and
(3) transmit the data in the file with respect to the assessment date
of each year before October 1 March 1 of the next year to:
(A) the legislative services agency; and
(B) the department of local government finance.
SECTION 35. THE FOLLOWING ARE REPEALED [EFFECTIVE
JANUARY 1, 2004]: IC 6-3.1-23-7; IC 6-3.1-23-8; IC 6-3.1-23-9;
IC 6-3.1-23-10.
SECTION 36. P.L.1814-2003
, SECTION 42, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: SECTION 42. (a)
The following, all as amended by this act, apply only to property taxes
first due and payable after December 31, 2004:
(1) IC 6-1.1-12.1-4.5.