Introduced Version






SENATE BILL No. 204

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-7-25-6.

Synopsis: Property tax liens in tax allocation areas. Indicates which property of a taxpayer is subject to a property tax lien to secure the taxpayer's payment obligations to protect the bond or lease obligations of a redevelopment commission in an allocation area. Specifies the effective date of the lien. Permits enforcement in the same manner that a lien for property taxes is enforced with respect to the obligations to which a taxpayer agrees after June 30, 2005, regardless of whether the agreement provides for a lien, except that the lien is inferior to a first mortgage lien.

Effective: July 1, 2005.





Dillon




    January 4, 2005, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.

SENATE BILL No. 204



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-7-25-6; (05)IN0204.1.1. -->     SECTION 1. IC 36-7-25-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) As used in this section, "lien" refers to a property tax lien.
    (b)
A commission may enter into an agreement with a taxpayer in an allocation area that limits the taxpayer's rights to challenge the taxpayer's assessment or property taxes or that guarantees, enhances, or otherwise further secures bonds or lease obligations of the commission. The
     (c) This subsection applies to an obligation to make payments under a taxpayer agreement or an amended agreement that guarantee, enhance is made under subsection (b) before July 1, 2005, and that guarantees, enhances, or otherwise further secure secures bonds or lease obligations of the commission. under this section shall be treated in the same manner as, property taxes for purposes of IC 6-1.1-22-13 If, and to the extent that, the taxpayer agreement or amended agreement provides for a property tax lien for payments a taxpayer is obligated to make under the agreement or amended agreement,

the lien applies in the same manner that a lien for property taxes applies under IC 6-1.1-22-13.
     (d) If an agreement or amended agreement referred to in subsection (c) specifies the property to which the lien attaches and specifies the effective date of the lien, the lien:
        (1) attaches to the property specified in the agreement or amended agreement; and
        (2) is effective as of the date specified in the agreement or amended agreement.
    (e) If an agreement or amended agreement referred to in subsection (c) does not specify the property to which the lien attaches but specifies the effective date of the lien, the lien:
        (1) attaches to:
            (A) the real property of the taxpayer located in the allocation area; and
            (B) the depreciable personal property of the taxpayer located in the allocation area if, and to the extent that, the definition of "property taxes" under IC 36-7-14-39(a) or IC 36-7-15.1-26(a) has been modified in a resolution to include taxes imposed under IC 6-1.1 on depreciable personal property, as allowed under IC 36-7-14 or IC 36-7-15.1, whichever applies; and
        (2) is effective as of the date specified in the agreement or amended agreement.
    (f) If an agreement or amended agreement referred to in subsection (c) specifies the property to which the lien attaches but does not specify the effective date of the lien, the lien:
        (1) attaches to the property specified in the agreement or amended agreement; and
        (2) is effective on the date the agreement or amended agreement was executed.
    (g) If an agreement or amended agreement referred to in subsection (c) does not specify the property to which the lien attaches and does not specify the effective date of the lien, the lien:
        (1) attaches to:
            (A) the real property of the taxpayer located in the allocation area; and
            (B) the depreciable personal property of the taxpayer located in the allocation area if, and to the extent that, the definition of "property taxes" under IC 36-7-14-39(a) or IC 36-7-15.1-26(a) has been modified in a resolution to include taxes imposed under IC 6-1.1 on depreciable

personal property, as allowed under IC 36-7-14 or IC 36-7-15.1, whichever applies; and
        (2) is effective on the date the agreement or amended agreement was executed.
    (h) This subsection applies to an obligation to make payments under a taxpayer agreement
or an amended agreement that is made under subsection (b) after June 30, 2005, and that guarantees, enhances, or otherwise further secures bonds or lease obligations of the commission. A lien attaches for payments a taxpayer is obligated to make under the taxpayer agreement or amended agreement regardless of whether the agreement or amended agreement provides for a lien. The lien applies in the same manner that a lien for property taxes applies under IC 6-1.1-22-13, except that the lien is inferior to a first mortgage lien on real property.
    (i) If an agreement or amended agreement referred to in subsection (h) provides for a lien, specifies the property to which the lien attaches, and specifies the effective date of the lien, the lien attaches as described in subsection (d).
    (j) If an agreement or amended agreement referred to in subsection (h) provides for a lien, does not specify the property to which the lien attaches, but specifies the effective date of the lien, the lien attaches as described in subsection (e).
    (k) If an agreement or amended agreement referred to in subsection (h) provides for a lien, specifies the property to which the lien attaches, but does not specify the effective date of the lien, the lien attaches
as described in subsection (f).
    (l) If an agreement or amended agreement referred to in subsection (h):
        (1) provides for a lien, does not specify the property to which the lien attaches, and does not specify the effective date of the lien; or
        (2) does not provide for a lien;
the lien
attaches as described in subsection (g).
     (m) A lien:
        (1) attaches to property; and
        (2) is effective;
as specified in this section
without further action by the commission unless further action is required by the agreement or amended agreement referred to in subsection (b).