SB 1-13_ Filed 11/24/2003, 10:21 Craycraft

SENATE MOTION


MR. PRESIDENT:

    I move
that Senate Bill 1 be amended to read as follows:

SOURCE: Page 101, line 7; (04)MO000132.101. -->     Page 101, line 7, delete " 2002" and insert "2003".
    Page 101, delete lines 28 through 30.
    Page 101, line 31, delete "(2)" and insert " (1)".
    Page 101, line 32, after "2003," insert " do not".
    Page 101, line 34, delete "(3)" and insert " (2)".
    Page 101, line 35, after "2004," insert " do not".
    Page 103, between lines 35 and 36 begin a new paragraph and insert:
SOURCE: ; (04)MO000132.73. -->     "SECTION 73. [EFFECTIVE UPON PASSAGE] (a) The definitions in IC 6-1.1-1 apply throughout this SECTION.
    (b) For purposes of this SECTION, "rental property" means real property that:
        (1) does not consist of:
            (A) a single family dwelling; or
            (B) a single family dwelling and the land on which the dwelling is located;
        (2) consists of:
            (A) improvements assessed as residential property under rules of the department of local government finance; or
            (B) improvements described in clause (A) and the land on which the improvements are located; and
        (3) during more than one-half (1/2) of the year beginning on March 2, 2001, and ending on March 1, 2002, was:
            (A) leased to or partially leased to another entity by the owner; or
            (B) vacant and:
                (i) available for lease; or
                (ii) under construction or renovation to make the property available for lease.
    (c) Notwithstanding IC 6-1.1-15-1 as amended by this act, a

taxpayer may obtain a review under that section by the county property tax assessment board of appeals of the township assessor's assessment of the taxpayer's rental property for the March 1, 2002, assessment date.
     (d) Notwithstanding IC 6-1.1-4-37, as added by this act, and IC 6-1.1-4-34, a taxpayer may appeal to the Indiana board of tax review under IC 6-1.1-4-37 or IC 6-1.1-4-34 the assessment by the department of local government finance of the taxpayer's homestead for the March 1, 2002, assessment date.
    (e) To obtain the review under subsection (c), the taxpayer must, in the manner provided by IC 6-1.1-15-1, as amended by this act, file a written request for a preliminary conference with the township assessor of the township in which the rental property is located not later than:
        (1) forty-five (45) days after notice of the assessment is given to the taxpayer;
        (2) forty-five (45) days after the taxpayer receives a tax statement for the property taxes that are based on the assessment date for 2002; or
        (3) May 1, 2004;
whichever is the latest.
    (f) To appeal under subsection (d), the taxpayer must file a petition with the assessor of the county in which the rental property is located not later than:
        (1) thirty (30) days after notice of the assessment is given to the taxpayer; or
        (2) May 1, 2004;
whichever is later.
    (g) An assessment determination by:
        (1) the county property tax assessment board of appeals that results from a review under subsection (c) is subject to appeal to the Indiana board of tax review; or
        (2)
the Indiana board of tax review that results from an appeal under subsection (d) is subject to appeal to the tax court;
under IC 6-1.1-15.
    (h) An assessment change that results from a review under subsection (c) or an appeal under subsection (d) applies for property taxes first due and payable in:
        (1) 2003; and

        (2) each subsequent year in which property taxes are not
based on a new assessment determined under IC 6-1.1, as amended by this act.
     (i) This SECTION expires January 1, 2006.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 1 as printed November 21, 2003.)

________________________________________

Senator CRAYCRAFT


MO000132/DI 52
2004