First Regular Session 115th General Assembly (2007)
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,
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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.
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 287
AN ACT to amend the Indiana Code concerning taxation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-8-1-23; (07)SE0287.1.1. -->
SECTION 1. IC 3-8-1-23 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]: Sec. 23. (a) Subject to subsection
(b), a candidate for the office of county assessor must:
(1) have resided in the county for at least one (1) year before the
election, as provided in Article 6, Section 4 of the Constitution of
the State of Indiana; and
(2) own real property located in the county upon taking office.
(b) A candidate for the office of county assessor who runs in an
election after June 30, 2008, must have attained the certification of
a level two assessor-appraiser under IC 6-1.1-35.5.
SOURCE: IC 3-8-1-23.5; (07)SE0287.1.2. -->
SECTION 2. IC 3-8-1-23.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]:
Sec. 23.5. (a) A person who runs in an election
after June 30, 2008, for the office of township assessor under
IC 36-6-5-1 must have attained the certification of a level two
assessor-appraiser under IC 6-1.1-35.5 before taking office.
(b) A person who runs in an election after June 30, 2008, for the
office of township trustee who performs all the duties and has all
the rights and powers of a township assessor under IC 36-6-5-1
must have attained the certification of a level two
assessor-appraiser under IC 6-1.1-35.5 before taking office to
qualify to perform those duties and to assume those rights and
powers.
(c) A person who runs successfully under subsection (b) but has
not attained the certification of a level two assessor-appraiser
under IC 6-1.1-35.5 before taking office:
(1) may perform in office only duties other than the duties of
a township assessor under IC 36-6-5-1; and
(2) has only the rights and powers of the trustee other than
the rights and powers of a township assessor under
IC 36-6-5-1.
The restrictions listed in this subsection apply to the entire term for
which the person takes office, regardless of whether the person
attains the certification of a level two assessor-appraiser under
IC 6-1.1-35.5 during the term of office.
SOURCE: IC 4-21.5-2-4; (07)SE0287.1.3. -->
SECTION 3. IC 4-21.5-2-4, AS AMENDED BY SEA 526-2007,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4. (a) This article does not apply to any of the
following agencies:
(1) The governor.
(2) The state board of accounts.
(3) The state educational institutions.
(4) The department of workforce development.
(5) The unemployment insurance review board of the department
of workforce development.
(6) The worker's compensation board of Indiana.
(7) The military officers or boards.
(8) The Indiana utility regulatory commission.
(9) The department of state revenue (excluding an agency action
related to the licensure of private employment agencies).
(10) The department of local government finance.
(11) The Indiana board of tax review.
(b) This article does not apply to action related to railroad rate and
tariff regulation by the Indiana department of transportation.
SOURCE: IC 4-21.5-2-6; (07)SE0287.1.4. -->
SECTION 4. IC 4-21.5-2-6, AS AMENDED BY P.L.234-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6.
(a) This article does not apply to the
formulation, issuance, or administrative review (but does
except as
provided in subsection (b), apply to the judicial review and civil
enforcement) of any of the following:
(1) Except as provided in IC 12-17.2-4-18.7 and
IC 12-17.2-5-18.7, determinations by the division of family
resources and the department of child services.
(2) Determinations by the alcohol and tobacco commission.
(3) Determinations by the office of Medicaid policy and planning
concerning recipients and applicants of Medicaid. However, this
article does apply to determinations by the office of Medicaid
policy and planning concerning providers.
(4) A final determination of the Indiana board of tax review.
(b) IC 4-21.5-5-12 and IC 4-21.5-5-14 do not apply to judicial
review of a final determination of the Indiana board of tax review.
SOURCE: IC 4-21.5-5-3; (07)SE0287.1.5. -->
SECTION 5. IC 4-21.5-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The following
have standing to obtain judicial review of an agency action:
(1) A person to whom the agency action is specifically directed.
(2) A person who was a party to the agency proceedings that led
to the agency action.
(3) A person eligible for standing under a law applicable to the
agency action.
(4) A person otherwise aggrieved or adversely affected by the
agency action.
(5) The department of local government finance with respect to
judicial review of a final determination of the Indiana board of tax
review in an action in which the department has intervened under
IC 6-1.1-15-5(b).
(b) A person has standing under subsection (a)(4) only if:
(1) the agency action has prejudiced or is likely to prejudice the
interests of the person;
(2) the person:
(A) was eligible for an initial notice of an order or proceeding
under this article, was not notified of the order or proceeding
in substantial compliance with this article, and did not have
actual notice of the order or proceeding before the last date in
the proceeding that the person could object or otherwise
intervene to contest the agency action; or
(B) was qualified to intervene to contest an agency action
under IC 4-21.5-3-21(a), petitioned for intervention in the
proceeding, and was denied party status;
(3) the person's asserted interests are among those that the agency
was required to consider when it engaged in the agency action
challenged; and
(4) a judgment in favor of the person would substantially
eliminate or redress the prejudice to the person caused or likely
to be caused by the agency action.
SOURCE: IC 4-21.5-5-6; (07)SE0287.1.6. -->
SECTION 6. IC 4-21.5-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) Except as
provided in subsection (e), Venue is in the judicial district where:
(1) the petitioner resides or maintains a principal place of
business;
(2) the agency action is to be carried out or enforced; or
(3) the principal office of the agency taking the agency action is
located.
(b) If more than one (1) person may be aggrieved by the agency
action, only one (1) proceeding for review may be had, and the court in
which a petition for review is first properly filed has jurisdiction.
(c) The rules of procedure governing civil actions in the courts
govern pleadings and requests under this chapter for a change of judge
or change of venue to another judicial district described in subsection
(a).
(d) Each person who was a party to the proceeding before the
agency is a party to the petition for review.
(e) Venue with respect to judicial review of an action of the Indiana
board of tax review is in the tax court.
SOURCE: IC 4-22-5-1; (07)SE0287.1.7. -->
SECTION 7. IC 4-22-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. Where under the provisions of
any statute, the department of local government finance or the Indiana
board of tax review (referred to as "the Indiana board" in this section)
is required to conduct a hearing, the commissioner of the department
or a member or members of the Indiana board need not be present or
preside at such hearing, but the commissioner or the Indiana board
shall have the power, by an order in writing, to appoint to so preside
hearing officers whose duties shall be prescribed in the order. In the
discharge of their duties, the hearing officers shall have all the powers
to investigate and to require evidence granted to the department or the
Indiana board. The department or the Indiana board may conduct any
number of hearings contemporaneously through different hearing
officers. At the conclusion of a hearing, the hearing officer shall make
a written report thereof. After receipt of the report the department or
the Indiana board may take further evidence or hold further hearings.
The decisions of the department or the Indiana board shall be based
upon the report, additional evidence, and records as the department or
Indiana board deems pertinent.
SOURCE: IC 5-1-18-6; (07)SE0287.1.8. -->
SECTION 8. IC 5-1-18-6, AS ADDED BY P.L.199-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. A political subdivision that issues bonds or
enters into a lease after December 31, 2005, shall supply the
department with information concerning the bond issue or lease within
twenty (20) days after the issuance of not later than December 31 of
the year in which the bonds or execution of are issued or the lease is
executed.
SOURCE: IC 6-1.1-1-24; (07)SE0287.1.9. -->
SECTION 9. IC 6-1.1-1-24 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 24. If a transfer from a township assessor
to the county assessor of the assessment duties prescribed by this
article results from the failure of a person elected to the office of
township assessor to attain the certification of a level two
assessor-appraiser as provided in IC 3-8-1-23.5, as described in
IC 36-2-15-5(e), a reference to the township assessor in this article
is considered to be a reference to the county assessor.
SOURCE: IC 6-1.1-3-10; (07)SE0287.1.10. -->
SECTION 10. IC 6-1.1-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 10. (a) If a
taxpayer owns, holds, possesses, or controls personal property which
is located in two (2) or more townships, he the taxpayer shall file any
additional returns with the department of local government finance
county assessor which the department of local government finance
may require by regulation.
(b) If a taxpayer owns, holds, possesses, or controls personal
property which is located in two (2) or more taxing districts within the
same township, he the taxpayer shall file a separate personal property
return covering the property in each taxing district.
SOURCE: IC 6-1.1-3-18; (07)SE0287.1.11. -->
SECTION 11. IC 6-1.1-3-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 18. (a) Each
township assessor of a county shall periodically report to the county
assessor and the county auditor with respect to the returns and
properties of taxpayers which the township assessor has examined. The
township assessor shall submit these reports in the form and on the
dates prescribed by the department of local government finance.
(b) Each year, on or before the time prescribed by the department of
local government finance, each township assessor of a county shall
deliver to the county assessor a copy of each business personal property
return which the taxpayer is required to file in duplicate under section
7(c) of this chapter and a copy of any supporting data supplied by the
taxpayer with the return. Each year, the county assessor:
(1) shall review and may audit those returns; and
(2) shall determine the returns in which the assessment
appears to be improper.
SOURCE: IC 6-1.1-4-11; (07)SE0287.1.12. -->
SECTION 12. IC 6-1.1-4-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 11. (a) If a
substantial amount of real and personal property in a township has been
partially or totally destroyed as a result of a disaster, the department of
local government finance county assessor shall:
(1) cause a survey to be made of the area or areas in which the
property has been destroyed; and
(2) order a reassessment of the destroyed property;
if a person petitions the department county assessor to take that action.
The department of local government finance county assessor shall
specify in its the assessor's order the time within which the
reassessment must be completed and the date on which the
reassessment will become effective. However, the reassessed value and
the corresponding adjustment of tax due, past due, or already paid is
effective as of the date the disaster occurred, without penalty.
(b) The petition for reassessment of destroyed property, the
reassessment order, and the tax adjustment order may not be made after
December 31st of the year in which the taxes which would first be
affected by the reassessment are payable.
SOURCE: IC 6-1.1-4-27.5; (07)SE0287.1.13. -->
SECTION 13. IC 6-1.1-4-27.5, AS AMENDED BY P.L.228-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: 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
levies for the county's property reassessment fund.
(b) With respect to the general reassessment of real property that is
to commence on July 1, 2009, the county council of each county shall,
for property taxes due in 2006, 2007, 2008, and 2009, levy in each year
against all the taxable property in the county an amount equal to
one-fourth (1/4) of the remainder of:
(1) the estimated costs referred to in section 28.5(a) of this
chapter; minus
(2) the amount levied under this section by the county council for
property taxes due in 2004 and 2005.
(c) With respect to a general reassessment of real property that is to
commence on July 1, 2014, and each fifth 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 four (4) years preceding
that year, levy against all the taxable property in the county an amount
equal to one-fifth (1/5) of the estimated costs of the general
reassessment under section 28.5 of this chapter.
(d) 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) 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:
(1) a general reassessment; or
(2) making annual adjustments under section 4.5 of this chapter;
has changed.
(f) The county assessor or township assessor may petition the county
fiscal body to increase the levy under subsection (b) or (c) to pay for
the costs of:
(1) a general reassessment;
(2) verification under 50 IAC 21-3-2 of sales disclosure forms
forwarded to:
(A) the county assessor; or
(B) township assessors;
under IC 6-1.1-5.5-3; or
(3) processing annual adjustments under section 4.5 of this
chapter.
The assessor must document the needs and reasons for the increased
funding.
(g) If the county fiscal body denies a petition under subsection (f),
the assessor may appeal to the department of local government finance.
The department of local government finance shall:
(1) hear the appeal; and
(2) determine whether the additional levy is necessary.
SOURCE: IC 6-1.1-4-28.5; (07)SE0287.1.14. -->
SECTION 14. IC 6-1.1-4-28.5, AS AMENDED BY P.L.1-2006,
SECTION 131, AND AS AMENDED BY P.L.154-2006, SECTION 2,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]: Sec. 28.5. (a) Money assigned to
a property reassessment fund under section 27.5 of this chapter may be
used only to pay the costs of:
(1) the general reassessment of real property, including the
computerization of assessment records;
(2) payments to county assessors, members of property tax
assessment boards of appeals, or assessing officials under
IC 6-1.1-35.2;
(3) the development or updating of detailed soil survey data by
the United States Department of Agriculture or its successor
agency;
(4) the updating of plat books;
(5) payments for the salary of permanent staff or for the
contractual services of temporary staff who are necessary to assist
county assessors, members of a county property tax assessment
board of appeals, and assessing officials;
(6) making annual adjustments under section 4.5 of this chapter;
and
(7) the verification under 50 IAC 21-3-2 of sales disclosure forms
forwarded to:
(A) the county assessor; or
(B) township assessors;
under IC 6-1.1-5.5-3.
Money in a property tax reassessment fund may not be transferred or
reassigned to any other fund and may not be used for any purposes
other than those set forth in this section.
(b) All counties shall use modern, detailed soil maps in the general
reassessment of agricultural land.
(c) The county treasurer of each county shall, in accordance with
IC 5-13-9, invest any money accumulated in the property reassessment
fund. until the money is needed to pay general reassessment expenses.
Any interest received from investment of the money shall be paid into
the property reassessment fund.
(d) An appropriation under this section must be approved by the
fiscal body of the county after the review and recommendation of the
county assessor. However, in a county with an elected township
assessor in every township, the county assessor does not review an
appropriation under this section, and only the fiscal body must
approve an appropriation under this section.
SOURCE: IC 6-1.1-4-31.7; (07)SE0287.1.15. -->
SECTION 15. IC 6-1.1-4-31.7, AS ADDED BY P.L.228-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 31.7. (a) As used in this section, "special master"
refers to a person designated by the Indiana board under subsection (e).
(b) The notice of assessment or reassessment under section 31.5(h)
of this chapter is subject to appeal by the taxpayer to the Indiana board.
The procedures and time limitations that apply to an appeal to the
Indiana board of a determination of the department of local government
finance do not apply to an appeal under this subsection. The Indiana
board may establish applicable procedures and time limitations under
subsection (l).
(c) In order to appeal under subsection (b), the taxpayer must:
(1) participate in the informal hearing process under section 31.6
of this chapter;
(2) except as provided in section 31.6(i) of this chapter, receive
a notice under section 31.6(g) of this chapter; and
(3) file a petition for review with the appropriate county assessor
not later than thirty (30) days after:
(A) the date of the notice to the taxpayer under section 31.6(g)
of this chapter; or
(B) the date after which the department may not change the
amount of the assessment or reassessment under the informal
hearing process described in section 31.6 of this chapter.
(d) The Indiana board may develop a form for petitions under
subsection (c) that outlines:
(1) the appeal process;
(2) the burden of proof; and
(3) evidence necessary to warrant a change to an assessment or
reassessment.
(e) The Indiana board may contract with, appoint, or otherwise
designate the following to serve as special masters to conduct
evidentiary hearings and prepare reports required under subsection (g):
(1) Independent, licensed appraisers.
(2) Attorneys.
(3) Certified level two
or level three Indiana assessor-appraisers
(including administrative law judges employed by the Indiana
board).
(4) Other qualified individuals.
(f) Each contract entered into under subsection (e) must specify the
appointee's compensation and entitlement to reimbursement for
expenses. The compensation and reimbursement for expenses are paid
from the county property reassessment fund.
(g) With respect to each petition for review filed under subsection
(c), the special masters shall:
(1) set a hearing date;
(2) give notice of the hearing at least thirty (30) days before the
hearing date, by mail, to:
(A) the taxpayer;
(B) the department of local government finance;
(C) the township assessor; and
(D) the county assessor;
(3) conduct a hearing and hear all evidence submitted under this
section; and
(4) make evidentiary findings and file a report with the Indiana
board.
(h) At the hearing under subsection (g):
(1) the taxpayer shall present:
(A) the taxpayer's evidence that the assessment or
reassessment is incorrect;
(B) the method by which the taxpayer contends the assessment
or reassessment should be correctly determined; and
(C) comparable sales, appraisals, or other pertinent
information concerning valuation as required by the Indiana
board; and
(2) the department of local government finance shall present its
evidence that the assessment or reassessment is correct.
(i) The Indiana board may dismiss a petition for review filed under
subsection (c) if the evidence and other information required under
subsection (h)(1) is not provided at the hearing under subsection (g).
(j) The township assessor and the county assessor may attend and
participate in the hearing under subsection (g).
(k) The Indiana board may:
(1) consider the report of the special masters under subsection
(g)(4);
(2) make a final determination based on the findings of the special
masters without:
(A) conducting a hearing; or
(B) any further proceedings; and
(3) incorporate the findings of the special masters into the board's
findings in resolution of the appeal.
(l) The Indiana board may adopt rules under IC 4-22-2-37.1 to:
(1) establish procedures to expedite:
(A) the conduct of hearings under subsection (g); and
(B) the issuance of determinations of appeals under subsection
(k); and
(2) establish deadlines:
(A) for conducting hearings under subsection (g); and
(B) for issuing determinations of appeals under subsection (k).
(m) A determination by the Indiana board of an appeal under
subsection (k) is subject to appeal to the tax court under IC 6-1.1-15.
SOURCE: IC 6-1.1-5.5-3; (07)SE0287.1.16. -->
SECTION 16. IC 6-1.1-5.5-3, AS AMENDED BY P.L.228-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) For purposes of this section, "party"
includes:
(1) a seller of property that is exempt under the seller's ownership;
or
(2) a purchaser of property that is exempt under the purchaser's
ownership;
from property taxes under IC 6-1.1-10.
(b) Before filing a conveyance document with the county auditor
under IC 6-1.1-5-4, all the parties to the conveyance must
do the
following:
(1) 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.
(2) Before filing a sales disclosure form with the county
auditor, submit the sales disclosure form to the county
assessor. The county assessor must review the accuracy and
completeness of each sales disclosure form submitted
immediately upon receipt of the form and, if the form is
accurate and complete, stamp the form as eligible for filing
with the county auditor and return the form to the
appropriate party for filing with the county auditor. If
multiple forms are filed in a short period, the county assessor
shall process the forms as quickly as possible. For purposes of
this subdivision, a sales disclosure form is considered to be
accurate and complete if:
(A) the county assessor does not have substantial evidence
when the form is reviewed under this subdivision that
information in the form is inaccurate; and
(B) the form:
(i) substantially conforms to the sales disclosure form
prescribed by the department of local government
finance under section 5 of this chapter; and
(ii) is submitted to the county assessor in a format usable
to the county assessor.
(3) File the sales disclosure form with the county auditor.
(c) Except as provided in subsection (d), 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
(1) before January 1, 2005, in an electronic format, if possible;
and
(2) after December 31, 2004, in an electronic format specified
jointly by the department of local government finance and the
legislative services agency.
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, 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, adoption of rules
under IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized
purpose.
(d) 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
(1) before January 1, 2005, in an electronic format, if possible;
and
(2) after December 31, 2004, in an electronic format specified
jointly by the department of local government finance and the
legislative services agency.
The forms may be used by the county assessing officials, 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, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(e) If a sales disclosure form includes the telephone number or
Social Security number of a party, the telephone number or Social
Security number is confidential.
(f) County assessing officials and other local officials may not
establish procedures or requirements concerning sales disclosure
forms that substantially differ from the procedures and
requirements of this chapter.
SOURCE: IC 6-1.1-8-30; (07)SE0287.1.17. -->
SECTION 17. IC 6-1.1-8-30, AS AMENDED BY P.L.154-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 30. (a) A public utility company may initiate an
appeal of the final assessment of the company's distributable property
by filing a petition with the Indiana board not later than forty-five (45)
days after:
(1) the public utility company receives notice of the tentative
assessment under section 28(a) of this chapter if the final
assessment becomes final under section 28(d) of this chapter; or
(2) the department of local government finance gives the public
utility company notice of the final determination under section
29(a) of this chapter.
(b) A public utility company may petition for judicial review of the
Indiana board's final determination to the tax court under IC 4-21.5-5.
IC 6-1.1-15-5. However, the company must:
(1) file a verified petition for judicial review; and
(2) mail to the county auditor of each county in which the public
utility company's distributable property is located:
(A) a notice that the complaint petition was filed; and
(B) instructions for obtaining a copy of the complaint;
petition;
not later than forty-five (45) days after the date of the notice of the
Indiana board's final determination.
SOURCE: IC 6-1.1-8.7-3; (07)SE0287.1.18. -->
SECTION 18. IC 6-1.1-8.7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) Before January
1, 2003, two hundred fifty (250) or more owners of real property in a
township may petition the department of local government finance to
assess the real property of an industrial facility in the township for the
2004 assessment date.
(b) Before January 1 of each year that a general reassessment
commences under IC 6-1.1-4-4, two hundred fifty (250) or more
owners of real property in a township may petition the department of
local government finance to assess the real property of an industrial
facility in the township for that general reassessment.
(c) An industrial company may at any time petition the department
of local government finance to assess the real property of an
industrial facility owned or used by the company.
(d) Before January 1 of any year, the county assessor of the
county in which an industrial facility is located may petition the
department to assess the real property of the industrial facility for
the assessment date in that year.
SOURCE: IC 6-1.1-8.7-4; (07)SE0287.1.19. -->
SECTION 19. IC 6-1.1-8.7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. The department of
local government finance may assess the real property of an industrial
facility pursuant to a petition filed under section 3 of this chapter.
SOURCE: IC 6-1.1-8.7-5; (07)SE0287.1.20. -->
SECTION 20. IC 6-1.1-8.7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) If the department
determines to assess an industrial facility pursuant to a petition filed
under section 3(a), or 3(c), or 3(d) of this chapter, the department shall
schedule the assessment not later than six (6) months after receiving
the petition.
(b) If the department determines to assess an industrial facility
pursuant to a petition filed under section 3(b) of this chapter, the
department shall schedule the assessment not later than three (3)
months after the assessment date for which the petition was filed.
SOURCE: IC 6-1.1-8.7-8; (07)SE0287.1.21. -->
SECTION 21. IC 6-1.1-8.7-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) The industrial
company that owns or uses the industrial facility assessed under this
chapter, a taxpayer that petitioned for assessment of an industrial
facility assessed under this chapter, or the county assessor of the county
in which the industrial facility is located may appeal an assessment by
the department made under this chapter to the department. Indiana
board. An appeal under this section shall be conducted in the same
manner as an appeal under IC 6-1.1-15-4 through IC 6-1.1-15-8.
An assessment made under this chapter that is not appealed under this
section is a final unappealable order of the department.
(b) The department Indiana board shall hold a hearing on the
appeal and issue an order within one (1) year of the date the appeal is
filed.
SOURCE: IC 6-1.1-8.7-9; (07)SE0287.1.22. -->
SECTION 22. IC 6-1.1-8.7-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The department
shall may adopt rules to provide just valuations of industrial facilities
under this chapter.
SOURCE: IC 6-1.1-9-1; (07)SE0287.1.23. -->
SECTION 23. IC 6-1.1-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. If a township
assessor, county assessor, or county property tax assessment board of
appeals believes that any taxable tangible property has been omitted
from or undervalued on the assessment rolls or the tax duplicate for any
year or years, the official or board shall give written notice under
IC 6-1.1-3-20 or IC 6-1.1-4-22 of the assessment or increase in
assessment. The notice shall contain a general description of the
property and a statement describing the taxpayer's right to a preliminary
conference and to a review with the county property tax assessment
board of appeals under IC 6-1.1-15-1.
SOURCE: IC 6-1.1-11-3; (07)SE0287.1.24. -->
SECTION 24. IC 6-1.1-11-3, AS AMENDED BY P.L.154-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2007 (RETROACTIVE)]: Sec. 3. (a) Subject to
subsections (e), (f), and (g), an owner of tangible property who wishes
to obtain an exemption from property taxation shall file a certified
application in duplicate with the county assessor of the county in which
the property that is the subject of the exemption is located. The
application must be filed annually
on or before May 15 on forms
prescribed by the department of local government finance. Except as
provided in sections 1, 3.5, and 4 of this chapter, the application
applies only for the taxes imposed for the year for which the
application is filed.
(b) The authority for signing an exemption application may not be
delegated by the owner of the property to any other person except by
an executed power of attorney.
(c) An exemption application which is required under this chapter
shall contain the following information:
(1) A description of the property claimed to be exempt in
sufficient detail to afford identification.
(2) A statement showing the ownership, possession, and use of
the property.
(3) The grounds for claiming the exemption.
(4) The full name and address of the applicant.
(5) For the year that ends on the assessment date of the property,
identification of:
(A) each part of the property used or occupied; and
(B) each part of the property not used or occupied;
for one (1) or more exempt purposes under IC 6-1.1-10 during the
time the property is used or occupied.
(6) Any additional information which the department of local
government finance may require.
(d) A person who signs an exemption application shall attest in
writing and under penalties of perjury that, to the best of the person's
knowledge and belief, a predominant part of the property claimed to be
exempt is not being used or occupied in connection with a trade or
business that is not substantially related to the exercise or performance
of the organization's exempt purpose.
(e) An owner must file with an application for exemption of real
property under subsection (a) or section 5 of this chapter a copy of the
township assessor's record kept under IC 6-1.1-4-25(a) that shows the
calculation of the assessed value of the real property for the assessment
date for which the exemption is claimed. Upon receipt of the
exemption application, the county assessor shall examine that record
and determine if the real property for which the exemption is claimed
is properly assessed. If the county assessor determines that the real
property is not properly assessed, the county assessor shall direct the
township assessor of the township in which the real property is located
to:
(1) properly assess the real property; and
(2) notify the county assessor and county auditor of the proper
assessment.
(f) If the county assessor determines that the applicant has not filed
with an application for exemption a copy of the record referred to in
subsection (e), the county assessor shall notify the applicant in writing
of that requirement. The applicant then has thirty (30) days after the
date of the notice to comply with that requirement. The county property
tax assessment board of appeals shall deny an application described in
this subsection if the applicant does not comply with that requirement
within the time permitted under this subsection.
(g) This subsection applies whenever a law requires an exemption
to be claimed on or in an application accompanying a personal property
tax return. The claim or application may be filed on or with a personal
property tax return not more than thirty (30) days after the filing date
for the personal property tax return, regardless of whether an extension
of the filing date has been granted under IC 6-1.1-3-7.
SOURCE: IC 6-1.1-12-9; (07)SE0287.1.25. -->
SECTION 25. IC 6-1.1-12-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE MARCH 1, 2007 (RETROACTIVE)]: Sec.
9. (a) An individual may obtain a deduction from the assessed value of
the individual's real property, or mobile home or manufactured home
which is not assessed as real property, if:
(1) the individual is at least sixty-five (65) years of age on or
before December 31 of the calendar year preceding the year in
which the deduction is claimed;
(2) the combined adjusted gross income (as defined in Section 62
of the Internal Revenue Code) of:
(A) the individual and the individual's spouse; or
(B) the individual and all other individuals with whom:
(i) the individual shares ownership; or
(ii) the individual is purchasing the property under a
contract;
as joint tenants or tenants in common;
for the calendar year preceding the year in which the deduction is
claimed did not exceed twenty-five thousand dollars ($25,000);
(3) the individual has owned the real property, mobile home, or
manufactured home for at least one (1) year before claiming the
deduction; or the individual has been buying the real property,
mobile home, or manufactured home under a contract that
provides that the individual is to pay the property taxes on the real
property, mobile home, or manufactured home for at least one (1)
year before claiming the deduction, and the contract or a
memorandum of the contract is recorded in the county recorder's
office;
(4) the individual and any individuals covered by subdivision
(2)(B) reside on the real property, mobile home, or manufactured
home;
(5) the assessed value of the real property, mobile home, or
manufactured home does not exceed one hundred
forty-four
eighty-two thousand
four hundred thirty dollars
($144,000);
($182,430); and
(6) the individual receives no other property tax deduction for the
year in which the deduction is claimed, except the deductions
provided by sections 1, 37, and 38 of this chapter.
(b) Except as provided in subsection (h), in the case of real property,
an individual's deduction under this section equals the lesser of:
(1) one-half (1/2) of the assessed value of the real property; or
(2) twelve thousand four hundred eighty dollars ($12,480).
(c) Except as provided in subsection (h) and section 40.5 of this
chapter, in the case of a mobile home that is not assessed as real
property or a manufactured home which is not assessed as real
property, an individual's deduction under this section equals the lesser
of:
(1) one-half (1/2) of the assessed value of the mobile home or
manufactured home; or
(2) twelve thousand four hundred eighty dollars ($12,480).
(d) An individual may not be denied the deduction provided under
this section because the individual is absent from the real property,
mobile home, or manufactured home while in a nursing home or
hospital.
(e) For purposes of this section, if real property, a mobile home, or
a manufactured home is owned by:
(1) tenants by the entirety;
(2) joint tenants; or
(3) tenants in common;
only one (1) deduction may be allowed. However, the age requirement
is satisfied if any one (1) of the tenants is at least sixty-five (65) years
of age.
(f) A surviving spouse is entitled to the deduction provided by this
section if:
(1) the surviving spouse is at least sixty (60) years of age on or
before December 31 of the calendar year preceding the year in
which the deduction is claimed;
(2) the surviving spouse's deceased husband or wife was at least
sixty-five (65) years of age at the time of a death;
(3) the surviving spouse has not remarried; and
(4) the surviving spouse satisfies the requirements prescribed in
subsection (a)(2) through (a)(6).
(g) An individual who has sold real property to another person
under a contract that provides that the contract buyer is to pay the
property taxes on the real property may not claim the deduction
provided under this section against that real property.
(h) In the case of tenants covered by subsection (a)(2)(B), if all of
the tenants are not at least sixty-five (65) years of age, the deduction
allowed under this section shall be reduced by an amount equal to the
deduction multiplied by a fraction. The numerator of the fraction is the
number of tenants who are not at least sixty-five (65) years of age, and
the denominator is the total number of tenants.
SOURCE: IC 6-1.1-12-14; (07)SE0287.1.26. -->
SECTION 26. IC 6-1.1-12-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE MARCH 1, 2007 (RETROACTIVE)]: Sec.
14. (a) Except as provided in subsection (c) and except as provided in
section 40.5 of this chapter, an individual may have the sum of twelve
thousand four hundred eighty dollars ($12,480) deducted from the
assessed value of the tangible property that the individual owns (or the
real property, mobile home not assessed as real property, or
manufactured home not assessed as real property that the individual is
buying under a contract that provides that the individual is to pay
property taxes on the real property, mobile home, or manufactured
home if the contract or a memorandum of the contract is recorded in
the county recorder's office) if:
(1) the individual served in the military or naval forces of the
United States for at least ninety (90) days;
(2) the individual received an honorable discharge;
(3) the individual either:
(A) is totally disabled; or
(B) is at least sixty-two (62) years old and has a disability of at
least ten percent (10%); and
(4) the individual's disability is evidenced by:
(A) a pension certificate or an award of compensation issued
by the United States Department of Veterans Affairs; or
(B) a certificate of eligibility issued to the individual by the
Indiana department of veterans' affairs after the Indiana
department of veterans' affairs has determined that the
individual's disability qualifies the individual to receive a
deduction under this section.
(b) Except as provided in subsection (c), the surviving spouse of an
individual may receive the deduction provided by this section if the
individual would qualify for the deduction if the individual were alive.
(c) No one is entitled to the deduction provided by this section if the
assessed value of the individual's tangible property, as shown by the tax
duplicate, exceeds one hundred
thirteen forty-three thousand
one
hundred sixty dollars
($113,000). ($143,160).
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12-17.4; (07)SE0287.1.27. -->
SECTION 27. IC 6-1.1-12-17.4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE MARCH 1, 2007 (RETROACTIVE)]: Sec.
17.4. (a) Except as provided in section 40.5 of this chapter, a World
War I veteran who is a resident of Indiana is entitled to have the sum
of eighteen thousand seven hundred twenty dollars ($18,720) deducted
from the assessed valuation of the real property (including a mobile
home that is assessed as real property), mobile home that is not
assessed as real property, or manufactured home that is not assessed as
real property the veteran owns or is buying under a contract that
requires the veteran to pay property taxes on the real property, if the
contract or a memorandum of the contract is recorded in the county
recorder's office, if:
(1) the real property, mobile home, or manufactured home is the
veteran's principal residence;
(2) the assessed valuation of the real property, mobile home, or
manufactured home does not exceed one hundred sixty-three two
hundred six thousand five hundred dollars ($163,000);
($206,500); and
(3) the veteran owns the real property, mobile home, or
manufactured home for at least one (1) year before claiming the
deduction.
(b) An individual may not be denied the deduction provided by this
section because the individual is absent from the individual's principal
residence while in a nursing home or hospital.
(c) For purposes of this section, if real property, a mobile home, or
a manufactured home is owned by a husband and wife as tenants by the
entirety, only one (1) deduction may be allowed under this section.
However, the deduction provided in this section applies if either spouse
satisfies the requirements prescribed in subsection (a).
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the deduction provided
under this section with respect to that real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12.1-1; (07)SE0287.1.28. -->
SECTION 28. IC 6-1.1-12.1-1, AS AMENDED BY P.L.154-2006,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2006 (RETROACTIVE)]: Sec. 1. For purposes of this
chapter:
(1) "Economic revitalization area" means an area which is within
the corporate limits of a city, town, or county which has become
undesirable for, or impossible of, normal development and
occupancy because of a lack of development, cessation of growth,
deterioration of improvements or character of occupancy, age,
obsolescence, substandard buildings, or other factors which have
impaired values or prevent a normal development of property or
use of property. The term "economic revitalization area" also
includes:
(A) any area where a facility or a group of facilities that are
technologically, economically, or energy obsolete are located
and where the obsolescence may lead to a decline in
employment and tax revenues; and
(B) a residentially distressed area, except as otherwise
provided in this chapter.
(2) "City" means any city in this state, and "town" means any town
incorporated under IC 36-5-1.
(3) "New manufacturing equipment" means tangible personal
property that a deduction applicant:
(A) installs after February 28, 1983, and on or before the
approval deadline determined under section 9 of this chapter,
in an area that is declared an economic revitalization area after
February 28, 1983, in which a deduction for tangible personal
property is allowed;
(B) uses in the direct production, manufacture, fabrication,
assembly, extraction, mining, processing, refining, or finishing
of other tangible personal property, including but not limited
to use to dispose of solid waste or hazardous waste by
converting the solid waste or hazardous waste into energy or
other useful products;
(C) acquires for use as described in clause (B):
(i) in an arms length transaction from an entity that is not an
affiliate of the deduction applicant, for use as described in
clause (B); and if the tangible personal property has been
previously used in Indiana before the installation
described in clause (A); or
(ii) in any manner, if the tangible personal property has
never been previously used in Indiana before the
installation described in clause (A); and
(D) has never used for any purpose in Indiana before the
installation described in clause (A).
However, notwithstanding any other law, the term includes
tangible personal property that is used to dispose of solid waste or
hazardous waste by converting the solid waste or hazardous waste
into energy or other useful products and was installed after March
1, 1993, and before March 2, 1996, even if the property was
installed before the area where the property is located was
designated as an economic revitalization area or the statement of
benefits for the property was approved by the designating body.
(4) "Property" means a building or structure, but does not include
land.
(5) "Redevelopment" means the construction of new structures,
in economic revitalization areas, either:
(A) on unimproved real estate; or
(B) on real estate upon which a prior existing structure is
demolished to allow for a new construction.
(6) "Rehabilitation" means the remodeling, repair, or betterment
of property in any manner or any enlargement or extension of
property.
(7) "Designating body" means the following:
(A) For a county that does not contain a consolidated city, the
fiscal body of the county, city, or town.
(B) For a county containing a consolidated city, the
metropolitan development commission.
(8) "Deduction application" means:
(A) the application filed in accordance with section 5 of this
chapter by a property owner who desires to obtain the
deduction provided by section 3 of this chapter;
(B) the application filed in accordance with section 5.4 of this
chapter by a person who desires to obtain the deduction
provided by section 4.5 of this chapter; or
(C) the application filed in accordance with section 5.3 of this
chapter by a property owner that desires to obtain the
deduction provided by section 4.8 of this chapter.
(9) "Designation application" means an application that is filed
with a designating body to assist that body in making a
determination about whether a particular area should be
designated as an economic revitalization area.
(10) "Hazardous waste" has the meaning set forth in
IC 13-11-2-99(a). The term includes waste determined to be a
hazardous waste under IC 13-22-2-3(b).
(11) "Solid waste" has the meaning set forth in IC 13-11-2-205(a).
However, the term does not include dead animals or any animal
solid or semisolid wastes.
(12) "New research and development equipment" means tangible
personal property that:
(A) a deduction applicant installs after June 30, 2000, and on
or before the approval deadline determined under section 9 of
this chapter, in an economic revitalization area in which a
deduction for tangible personal property is allowed;
(B) consists of:
(i) laboratory equipment;
(ii) research and development equipment;
(iii) computers and computer software;
(iv) telecommunications equipment; or
(v) testing equipment;
(C) the deduction applicant uses in research and development
activities devoted directly and exclusively to experimental or
laboratory research and development for new products, new
uses of existing products, or improving or testing existing
products;
(D) the deduction applicant acquires for purposes described
in this subdivision:
(i) in an arms length transaction from an entity that is not an
affiliate of the deduction applicant, for purposes described
in this subdivision; and if the tangible personal property
has been previously used in Indiana before the
installation described in clause (A); or
(ii) in any manner, if the tangible personal property has
never been previously used in Indiana before the
installation described in clause (A); and
(E) the deduction applicant has never used for any purpose in
Indiana before the installation described in clause (A).
The term does not include equipment installed in facilities used
for or in connection with efficiency surveys, management studies,
consumer surveys, economic surveys, advertising or promotion,
or research in connection with literacy, history, or similar
projects.
(13) "New logistical distribution equipment" means tangible
personal property that:
(A) a deduction applicant installs after June 30, 2004, and on
or before the approval deadline determined under section 9 of
this chapter, in an economic revitalization area in which a
deduction for tangible personal property is allowed;
(B) consists of:
(i) racking equipment;
(ii) scanning or coding equipment;
(iii) separators;
(iv) conveyors;
(v) fork lifts or lifting equipment (including "walk
behinds");
(vi) transitional moving equipment;
(vii) packaging equipment;
(viii) sorting and picking equipment; or
(ix) software for technology used in logistical distribution;
(C) the deduction applicant acquires
for the storage or
distribution of goods, services, or information:
(i) in an arms length transaction from an entity that is not an
affiliate of the deduction applicant,
and uses for the storage
or distribution of goods, services, or information; and if the
tangible personal property has been previously used in
Indiana before the installation described in clause (A);
and
(ii) in any manner, if the tangible personal property has
never been previously used in Indiana before the
installation described in clause (A); and
(D) the deduction applicant
has never used for any purpose in
Indiana before the installation described in clause (A).
(14) "New information technology equipment" means tangible
personal property that:
(A) a deduction applicant installs after June 30, 2004, and on
or before the approval deadline determined under section 9 of
this chapter, in an economic revitalization area in which a
deduction for tangible personal property is allowed;
(B) consists of equipment, including software, used in the
fields of:
(i) information processing;
(ii) office automation;
(iii) telecommunication facilities and networks;
(iv) informatics;
(v) network administration;
(vi) software development; and
(vii) fiber optics;
(C) the deduction applicant acquires in an arms length
transaction from an entity that is not an affiliate of the
deduction applicant; and
(D) the deduction applicant never used for any purpose in
Indiana before the installation described in clause (A).
(15) "Deduction applicant" means an owner of tangible personal
property who makes a deduction application.
(16) "Affiliate" means an entity that effectively controls or is
controlled by a deduction applicant or is associated with a
deduction applicant under common ownership or control, whether
by shareholdings or other means.
(17) "Eligible vacant building" means a building that:
(A) is zoned for commercial or industrial purposes; and
(B) is unoccupied for at least one (1) year before the owner of
the building or a tenant of the owner occupies the building, as
evidenced by a valid certificate of occupancy, paid utility
receipts, executed lease agreements, or any other evidence of
occupation that the department of local government finance
requires.
SOURCE: IC 6-1.1-12.1-4; (07)SE0287.1.29. -->
SECTION 29. IC 6-1.1-12.1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) Except as
provided in section 2(i)(4) of this chapter,
and subject to section 15
of this chapter, the amount of the deduction which the property owner
is entitled to receive under section 3 of this chapter for a particular year
equals the product of:
(1) the increase in the assessed value resulting from the
rehabilitation or redevelopment; multiplied by
(2) the percentage prescribed in the table set forth in subsection
(d).
(b) The amount of the deduction determined under subsection (a)
shall be adjusted in accordance with this subsection in the following
circumstances:
(1) If a general reassessment of real property occurs within the
particular period of the deduction, the amount determined under
subsection (a)(1) shall be adjusted to reflect the percentage
increase or decrease in assessed valuation that resulted from the
general reassessment.
(2) If an appeal of an assessment is approved that results in a
reduction of the assessed value of the redeveloped or rehabilitated
property, the amount of any deduction shall be adjusted to reflect
the percentage decrease that resulted from the appeal.
The department of local government finance shall adopt rules under
IC 4-22-2 to implement this subsection.
(c) Property owners who had an area designated an urban
development area pursuant to an application filed prior to January 1,
1979, are only entitled to the deduction for the first through the fifth
years as provided in subsection (d)(10). In addition, property owners
who are entitled to a deduction under this chapter pursuant to an
application filed after December 31, 1978, and before January 1, 1986,
are entitled to a deduction for the first through the tenth years, as
provided in subsection (d)(10).
(d) The percentage to be used in calculating the deduction under
subsection (a) is as follows:
(1) For deductions allowed over a one (1) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st
100%
(2) For deductions allowed over a two (2) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 50%
(3) For deductions allowed over a three (3) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 66%
3rd 33%
(4) For deductions allowed over a four (4) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 75%
3rd 50%
4th 25%
(5) For deductions allowed over a five (5) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 80%
3rd 60%
4th 40%
5th 20%
(6) For deductions allowed over a six (6) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 85%
3rd 66%
4th 50%
5th 34%
6th 17%
(7) For deductions allowed over a seven (7) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 85%
3rd 71%
4th 57%
5th 43%
6th 29%
7th 14%
(8) For deductions allowed over an eight (8) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 88%
3rd 75%
4th 63%
5th 50%
6th 38%
7th 25%
8th 13%
(9) For deductions allowed over a nine (9) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 88%
3rd 77%
4th 66%
5th 55%
6th 44%
7th 33%
8th 22%
9th 11%
(10) For deductions allowed over a ten (10) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 95%
3rd 80%
4th 65%
5th 50%
6th 40%
7th 30%
8th 20%
9th 10%
10th 5%
SOURCE: IC 6-1.1-12.1-4.1; (07)SE0287.1.30. -->
SECTION 30. IC 6-1.1-12.1-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4.1. (a) Section 4 of
this chapter applies to economic revitalization areas that are not
residentially distressed areas.
(b) This subsection applies to economic revitalization areas that are
residentially distressed areas. Subject to section 15 of this chapter,
the amount of the deduction that a property owner is entitled to receive
under section 3 of this chapter for a particular year equals the lesser of:
(1) the assessed value of the improvement to the property after the
rehabilitation or redevelopment has occurred; or
(2) the following amount:
TYPE OF DWELLING AMOUNT
One (1) family dwelling $74,880
Two (2) family dwelling $106,080
Three (3) unit multifamily dwelling $156,000
Four (4) unit multifamily dwelling $199,680
SOURCE: IC 6-1.1-12.1-4.5; (07)SE0287.1.31. -->
SECTION 31. IC 6-1.1-12.1-4.5, AS AMENDED BY P.L.154-2006,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4.5. (a) For purposes of this section, "personal
property" means personal property other than inventory (as defined in
IC 6-1.1-3-11(a)).
(b) An applicant must provide a statement of benefits to the
designating body. The applicant must provide the completed statement
of benefits form to the designating body before the hearing specified in
section 2.5(c) of this chapter or before the installation of the new
manufacturing equipment, new research and development equipment,
new logistical distribution equipment, or new information technology
equipment for which the person desires to claim a deduction under this
chapter. The department of local government finance shall prescribe a
form for the statement of benefits. The statement of benefits must
include the following information:
(1) A description of the new manufacturing equipment, new
research and development equipment, new logistical distribution
equipment, or new information technology equipment that the
person proposes to acquire.
(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, new logistical
distribution equipment, or new information technology
equipment;
an estimate of the number of individuals who will be employed or
whose employment will be retained by the person as a result of
the installation of the new manufacturing equipment, new
research and development equipment, new logistical distribution
equipment, or new information technology equipment and an
estimate of the annual salaries of these individuals.
(3) An estimate of the cost of the new manufacturing equipment,
new research and development equipment, new logistical
distribution equipment, or new information technology
equipment.
(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, new research and development equipment, new
logistical distribution equipment, or new information technology
equipment 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, new logistical
distribution equipment, or new information technology
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, new research and development
equipment, new logistical distribution equipment, or new
information technology equipment.
(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, new research and
development equipment, new logistical distribution equipment, or
new information technology equipment.
(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,
new research and development equipment, new logistical
distribution equipment, or new information technology
equipment.
(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), and subject to subsection
(i) and section 15 of this chapter, an owner of new manufacturing
equipment, new research and development equipment, new logistical
distribution equipment, or new information technology equipment
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, and subject to subsection (i) and section 15 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, new
research and development equipment, new logistical distribution
equipment, or new information technology equipment in the year
of deduction under the appropriate table set forth in subsection
(e); multiplied by
(2) the percentage prescribed in the appropriate 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%
3rd 50%
4th 25%
5th and thereafter 0%
(5) For deductions allowed over a five (5) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 80%
3rd 60%
4th 40%
5th 20%
6th and thereafter 0%
(6) For deductions allowed over a six (6) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 85%
3rd 66%
4th 50%
5th 34%
6th 25%
7th and thereafter 0%
(7) For deductions allowed over a seven (7) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 85%
3rd 71%
4th 57%
5th 43%
6th 29%
7th 14%
8th and thereafter 0%
(8) For deductions allowed over an eight (8) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 88%
3rd 75%
4th 63%
5th 50%
6th 38%
7th 25%
8th 13%
9th and thereafter 0%
(9) For deductions allowed over a nine (9) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 88%
3rd 77%
4th 66%
5th 55%
6th 44%
7th 33%
8th 22%
9th 11%
10th and thereafter 0%
(10) For deductions allowed over a ten (10) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 90%
3rd 80%
4th 70%
5th 60%
6th 50%
7th 40%
8th 30%
9th 20%
10th 10%
11th and thereafter 0%
(f) With respect to new manufacturing equipment and new research
and development equipment installed before March 2, 2001, the
deduction under this section is the amount that causes the net assessed
value of the property after the application of the deduction under this
section to equal the net assessed value after the application of the
deduction under this section that results from computing:
(1) the deduction under this section as in effect on March 1, 2001;
and
(2) the assessed value of the property under 50 IAC 4.2, as in
effect on March 1, 2001, or, in the case of property subject to
IC 6-1.1-8, 50 IAC 5.1, as in effect on March 1, 2001.
(g) For an economic revitalization area designated before July 1,
2000, the designating body shall determine whether a property owner
whose statement of benefits is approved after April 30, 1991, is entitled
to a deduction for five (5) or ten (10) years. For an economic
revitalization area designated after June 30, 2000, the designating body
shall determine the number of years the deduction is allowed. However,
the deduction may not be allowed for more than ten (10) years. This
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 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.
(i) For purposes of subsection (d), the assessed value of new
manufacturing equipment, new research and development equipment,
new logistical distribution equipment, or new information technology
equipment that is part of an owner's assessable depreciable personal
property in a single taxing district subject to the valuation limitation in
50 IAC 4.2-4-9 or 50 IAC 5.1-6-9 is the product of:
(1) the assessed value of the equipment determined without
regard to the valuation limitation in 50 IAC 4.2-4-9 or 50
IAC 5.1-6-9; multiplied by
(2) the quotient of:
(A) the amount of the valuation limitation determined under
50 IAC 4.2-4-9 or 50 IAC 5.1-6-9 for all of the owner's
depreciable personal property in the taxing district; divided by
(B) the total true tax value of all of the owner's depreciable
personal property in the taxing district that is subject to the
valuation limitation in 50 IAC 4.2-4-9 or 50 IAC 5.1-6-9
determined:
(i) under the depreciation schedules in the rules of the
department of local government finance before any
adjustment for abnormal obsolescence; and
(ii) without regard to the valuation limitation in 50
IAC 4.2-4-9 or 50 IAC 5.1-6-9.
SOURCE: IC 6-1.1-12.1-4.8; (07)SE0287.1.32. -->
SECTION 32. IC 6-1.1-12.1-4.8, AS ADDED BY P.L.154-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4.8. (a) A property owner that is an applicant for
a deduction under this section must provide a statement of benefits to
the designating body.
(b) If the designating body requires information from the property
owner for the designating body's use in deciding whether to designate
an economic revitalization area, the property owner must provide the
completed statement of benefits form to the designating body before
the hearing required by section 2.5(c) of this chapter. Otherwise, the
property owner must submit the completed statement of benefits form
to the designating body before the occupation of the eligible vacant
building for which the property owner desires to claim a deduction.
(c) The department of local government finance shall prescribe a
form for the statement of benefits. The statement of benefits must
include the following information:
(1) A description of the eligible vacant building that the property
owner or a tenant of the property owner will occupy.
(2) An estimate of the number of individuals who will be
employed or whose employment will be retained by the property
owner or the tenant as a result of the occupation of the eligible
vacant building, and an estimate of the annual salaries of those
individuals.
(3) Information regarding efforts by the owner or a previous
owner to sell, lease, or rent the eligible vacant building during the
period the eligible vacant building was unoccupied.
(4) Information regarding the amount for which the eligible
vacant building was offered for sale, lease, or rent by the owner
or a previous owner during the period the eligible vacant building
was unoccupied.
(d) With the approval of the designating body, the statement of
benefits may be incorporated in a designation application. A statement
of benefits is a public record that may be inspected and copied under
IC 5-14-3.
(e) The designating body must review the statement of benefits
required by subsection (a). The designating body shall determine
whether an area should be designated an economic revitalization area
or whether a deduction should be allowed, after the designating body
has made the following findings:
(1) 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 proposed occupation of the
eligible vacant building.
(2) 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
occupation of the eligible vacant building.
(3) Whether any other benefits about which information was
requested are benefits that can be reasonably expected to result
from the proposed occupation of the eligible vacant building.
(4) Whether the occupation of the eligible vacant building will
increase the tax base and assist in the rehabilitation of the
economic revitalization area.
(5) Whether the totality of benefits is sufficient to justify the
deduction.
A designating body may not designate an area an economic
revitalization area or approve a deduction under this section unless the
findings required by this subsection are made in the affirmative.
(f) Except as otherwise provided in this section, the owner of an
eligible vacant building located in an economic revitalization area is
entitled to a deduction from the assessed value of the building if the
property owner or a tenant of the property owner occupies the eligible
vacant building and uses it for commercial or industrial purposes. The
property owner is entitled to the deduction:
(1) for the first year in which the property owner or a tenant of the
property owner occupies the eligible vacant building and uses it
for commercial or industrial purposes; and
(2) for subsequent years determined under subsection (g).
(g) The designating body shall determine the number of years for
which a property owner is entitled to a deduction under this section.
However,
subject to section 15 of this chapter, the deduction may not
be allowed for more than two (2) years. This determination shall be
made:
(1) as part of the resolution adopted under section 2.5 of this
chapter; or
(2) by a resolution adopted not more than sixty (60) days after the
designating body receives a copy of the property owner's
deduction application from the county auditor.
A certified copy of a resolution under subdivision (2) shall be sent to
the county auditor, who shall make the deduction as provided in section
5.3 of this chapter. A determination concerning the number of years the
deduction is allowed that is made under subdivision (1) is final and
may not be changed by using the procedure under subdivision (2).
(h) Except as provided in section 2(i)(5) of this chapter and
subsection (k),
and subject to section 15 of this chapter, the amount
of the deduction the property owner is entitled to receive under this
section for a particular year equals the product of:
(1) the assessed value of the building or part of the building that
is occupied by the property owner or a tenant of the property
owner; multiplied by
(2) the percentage set forth in the table in subsection (i).
(i) The percentage to be used in calculating the deduction under
subsection (h) is as follows:
(1) For deductions allowed over a one (1) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st
100%
(2) For deductions allowed over a two (2) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 50%
(j) The amount of the deduction determined under subsection (h)
shall be adjusted in accordance with this subsection in the following
circumstances:
(1) If a general reassessment of real property occurs within the
period of the deduction, the amount of the assessed value
determined under subsection (h)(1) shall be adjusted to reflect the
percentage increase or decrease in assessed valuation that resulted
from the general reassessment.
(2) If an appeal of an assessment is approved and results in a
reduction of the assessed value of the property, the amount of a
deduction under this section shall be adjusted to reflect the
percentage decrease that resulted from the appeal.
(k) The maximum amount of a deduction under this section may not
exceed the lesser of:
(1) the annual amount for which the eligible vacant building was
offered for lease or rent by the owner or a previous owner during
the period the eligible vacant building was unoccupied; or
(2) an amount, as determined by the designating body in its
discretion, that is equal to the annual amount for which similar
buildings in the county or contiguous counties were leased or
rented or offered for lease or rent during the period the eligible
vacant building was unoccupied.
(l) The department of local government finance may adopt rules
under IC 4-22-2 to implement this section.
SOURCE: IC 6-1.1-12.1-15; (07)SE0287.1.33. -->
SECTION 33. IC 6-1.1-12.1-15 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 15. (a) If:
(1) as the result of an error by a taxpayer the county auditor
applies a deduction under this chapter for a particular
assessment date in an amount that is less than the amount to
which the taxpayer is entitled under this chapter; and
(2) the taxpayer is entitled to a correction of the error under
this article;
the county auditor shall apply the correction of the error as
provided in this section.
(b) With respect to a deduction based on an increase in the
assessed value of real property, the county auditor shall apply a
deduction from the assessed value of the real property:
(1) except as provided in subsection (d), for the assessment
date that next succeeds the last assessment date for which a
deduction under this chapter would apply without regard to
this section based on that increase; and
(2) except as provided in subsection (c), in the amount of the
lesser of:
(A) the remainder of:
(i) the amount of the deduction to which the taxpayer is
entitled under this chapter for the particular assessment
date under subsection (a); minus
(ii) the amount of the deduction that was applied for that
assessment date; or
(B) the assessed value of the real property for the
assessment date for which the correction applies.
(c) If the county auditor applies an incorrect deduction as
described in subsection (a) for more than one (1) assessment date,
the county auditor shall:
(1) combine the amounts of deduction corrections determined
under subsection (b)(2)(A) for all of the assessment dates for
which incorrect deductions were applied; and
(2) except as provided in subsection (d), apply that combined
amount as a deduction for the assessment date referred to in
subsection (b)(1) in the manner described in subsection (b)(2).
(d) If:
(1) the remainder determined under subsection (b)(2)(A); or
(2) the combined amount of deduction corrections under
subsection (c)(1);
exceeds the assessed value referred to in subsection (b)(2)(B), the
county auditor shall carry the excess over as assessed value
deductions for the immediately succeeding assessment date or
dates.
(e) With respect to a deduction based on an increase in the
assessed value of personal property, the county auditor shall apply
deduction corrections in the manner provided in subsections (a)
through (d), except that the assessed value and deduction
determinations apply to the taxpayer's personal property return.
(f) A taxpayer is not required to file an application for a
deduction under this section.
SOURCE: IC 6-1.1-12.4-2; (07)SE0287.1.34. -->
SECTION 34. IC 6-1.1-12.4-2, AS ADDED BY P.L.193-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 2. (a) For purposes of this section, an increase in
the assessed value of real property is determined in the same manner
that an increase in the assessed value of real property is determined for
purposes of IC 6-1.1-12.1.
(b) This subsection applies only to a development, redevelopment,
or rehabilitation that is first assessed after March 1, 2005, and before
March 2, 2009. Except as provided in subsection (h) and sections 4, 5,
and 8 of this chapter, an owner of real property that:
(1) develops, redevelops, or rehabilitates the real property; and
(2) creates or retains employment from the development,
redevelopment, or rehabilitation;
is entitled to a deduction from the assessed value of the real property.
(c)
Subject to section 14 of this chapter, the deduction under this
section is first available in the year in which the increase in assessed
value resulting from the development, redevelopment, or rehabilitation
occurs and continues for the following two (2) years. The amount of the
deduction that a property owner may receive with respect to real
property located in a county for a particular year equals the lesser of:
(1) two million dollars ($2,000,000); or
(2) the product of:
(A) the increase in assessed value resulting from the
development, rehabilitation, or redevelopment; multiplied by
(B) the percentage from the following table:
YEAR OF DEDUCTION
PERCENTAGE
1st 75%
2nd 50%
3rd 25%
(d) A property owner that qualifies for the deduction under this
section must file a notice to claim the deduction in the manner
prescribed by the department of local government finance under rules
adopted by the department of local government finance under
IC 4-22-2 to implement this chapter. The township assessor shall:
(1) inform the county auditor of the real property eligible for the
deduction as contained in the notice filed by the taxpayer under
this subsection; and
(2) inform the county auditor of the deduction amount.
(e) The county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals of
all deductions approved;
under this section.
(f) The amount of the deduction determined under subsection (c)(2)
is adjusted to reflect the percentage increase or decrease in assessed
valuation that results from:
(1) a general reassessment of real property under IC 6-1.1-4-4; or
(2) an annual adjustment under IC 6-1.1-4-4.5.
(g) If an appeal of an assessment is approved that results in a
reduction of the assessed value of the real property, the amount of the
deduction under this section is adjusted to reflect the percentage
decrease that results from the appeal.
(h) The deduction under this section does not apply to a facility
listed in IC 6-1.1-12.1-3(e).
SOURCE: IC 6-1.1-12.4-3; (07)SE0287.1.35. -->
SECTION 35. IC 6-1.1-12.4-3, AS AMENDED BY P.L.154-2006,
SECTION 37, AND AS AMENDED BY P.L.169-2006, SECTION 7,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) For purposes of this section,
an increase in the assessed value of personal property is determined in
the same manner that an increase in the assessed value of new
manufacturing equipment is determined for purposes of IC 6-1.1-12.1.
(b) This subsection applies only to personal property that the owner
purchases after March 1, 2005, and before March 2, 2009. Except as
provided in sections 4, 5, and 8 of this chapter, an owner that purchases
personal property other than inventory (as defined in 50 IAC 4.2-5-1,
as in effect on January 1, 2005) that:
(1) was never before used by its owner for any purpose in Indiana;
and
(2) creates or retains employment;
is entitled to a deduction from the assessed value of the personal
property.
(c) Subject to section 14 of this chapter, the deduction under this
section is first available in the year in which the increase in assessed
value resulting from the purchase of the personal property occurs and
continues for the following two (2) years. The amount of the deduction
that a property owner may receive with respect to personal property
located in a county for a particular year equals the lesser of:
(1) two million dollars ($2,000,000); or
(2) the product of:
(A) the increase in assessed value resulting from the purchase
of the personal property; multiplied by
(B) the percentage from the following table:
YEAR OF DEDUCTION
PERCENTAGE
1st 75%
2nd 50%
3rd 25%
(d) If an appeal of an assessment is approved that results in a
reduction of the assessed value of the personal property, the amount of
the deduction is adjusted to reflect the percentage decrease that results
from the appeal.
(e) A property owner must claim the deduction under this section on
the owner's annual personal property tax return. The township assessor
shall:
(1) identify the personal property eligible for the deduction to the
county auditor; and
(2) inform the county auditor of the deduction amount.
(f) The county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals of
all deductions approved;
under this section.
(g) The deduction under this section does not apply to
personal
property at a facility listed in IC 6-1.1-12.1-3(e).
SOURCE: IC 6-1.1-12.4-14; (07)SE0287.1.36. -->
SECTION 36. IC 6-1.1-12.4-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 14. If:
(1) as the result of an error the county auditor applies a
deduction under this chapter for a particular assessment date
in an amount that is less than the amount to which the
taxpayer is entitled under this chapter; and
(2) the taxpayer is entitled to a correction of the error under
this article;
the county auditor shall apply the correction of the error in the
manner that corrections are applied under IC 6-1.1-12.1-15.
SOURCE: IC 6-1.1-15-0.5; (07)SE0287.1.37. -->
SECTION 37. IC 6-1.1-15-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 0.5. As used in this chapter,
"county board" means the county property tax assessment board
of appeals.
SOURCE: IC 6-1.1-15-1; (07)SE0287.1.38. -->
SECTION 38. IC 6-1.1-15-1, AS AMENDED BY P.L.162-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. (a) A taxpayer may obtain a review by the
county
property tax assessment board
of appeals of a county or
township official's action with respect to the assessment of the
taxpayer's tangible property if the official's action requires the giving
of notice to the taxpayer. At the time that notice is given to the
taxpayer, the taxpayer shall also be informed in writing of:
(1) the opportunity for
a review under this section, including
an
informal preliminary conference a meeting under subsection (h)
with the county or township official referred to in this subsection;
and
(2) the procedures the taxpayer must follow in order to obtain
a
review under this section.
(b) In order to
appeal obtain a review of an assessment effective for
the assessment date
that applies to property taxes first due and payable
in the current calendar year to which the notice referred to in
subsection (a) applies,
(1) the taxpayer must
request file a notice in writing
a preliminary
conference with the county or township official referred to in
subsection (a) not later than forty-five (45) days after
the date of
the notice
of a change in the assessment for the current calendar
year is given to the taxpayer; or (2) If the current referred to in
subsection (a).
(c) A taxpayer may obtain a review by the county board of the
assessment of the taxpayer's tangible property effective for an
assessment date for which a notice of assessment is not given as
described in subsection (a). To obtain the review, the taxpayer
must file a notice in writing with the township assessor of the
township in which the property is subject to assessment. The right
of a taxpayer to obtain a review under this subsection for an
assessment date for which a notice of assessment is not given does
not relieve an assessing official of the duty to provide the taxpayer
with the notice of assessment as otherwise required by this article.
For an assessment date in a year
is (A) before
2010 and a notice of a
change in assessment is not given to the taxpayer, 2009, the
taxpayer
notice must
request in writing a preliminary conference with the county
or township official referred to in subsection (a) be filed on or before
May 10 of the year.
in which the assessment date occurs; and (B) If the
current calendar For an assessment date in a year
is a calendar year
after
2009, 2008, the notice must be filed not later than
the later of:
(1) May 10 of the year; or
(2) forty-five (45) days after
notice of the
date of the statement
mailed by the county auditor under
IC 6-1.1-17-3. The
preliminary conference required under this subsection is a
prerequisite to a review by the county property tax assessment
board of appeals under subsection (i). IC 6-1.1-17-3(b).
(c) (d) A change in an assessment made as a result of
an appeal a
notice for review filed
(1) in the same year that notice of a change in
the assessment is given to the taxpayer; and (2) by a taxpayer under
subsection (c) after the time prescribed in subsection
(b); (c) becomes
effective for the next assessment date.
A change in an assessment
made as a result of a notice for review filed by a taxpayer under
subsection (b) or (c) remains in effect from the assessment date for
which the change is made until the next assessment date for which
the assessment is changed under this article.
(d) A taxpayer may appeal a current real property assessment in a
year even if the taxpayer has not received a notice of assessment in the
year. If an appeal is filed on or before May 10 of a year in which the
taxpayer has not received notice of assessment, a change in the
assessment resulting from the appeal is effective for the most recent
assessment date. If the appeal is filed after May 10, the change
becomes effective for the next assessment date.
(e) The written
request for a preliminary conference that is required
notice filed by a taxpayer under subsection (b)
or (c) must include the
following information:
(1) The name of the taxpayer.
(2) The address and parcel or key number of the property.
(3) The address and telephone number of the taxpayer.
(f) The county or township official referred to in subsection (a)
shall, not later than thirty (30) days after the receipt of a written request
for a preliminary conference, attempt to hold a preliminary conference
with the taxpayer to resolve as many issues as possible by:
(1) discussing the specifics of the taxpayer's reassessment;
(2) reviewing the taxpayer's property record card;
(3) explaining to the taxpayer how the reassessment was
determined;
(4) providing to the taxpayer information about the statutes, rules,
and guidelines that govern the determination of the reassessment;
(5) noting and considering objections of the taxpayer;
(6) considering all errors alleged by the taxpayer; and
(7) otherwise educating the taxpayer about:
(A) the taxpayer's reassessment;
(B) the reassessment process; and
(C) the reassessment appeal process.
Not later than ten (10) days after the conference, the county or
township official referred to in subsection (a) shall forward to the
county auditor and the county property tax assessment board of appeals
the results of the conference on a form prescribed by the department of
local government finance that must be completed and signed by the
taxpayer and the official. The official and the taxpayer shall each retain
a copy of the form for their records.
(g) The form submitted to the county property tax assessment board
of appeals under subsection (f) must specify the following:
(1) The physical characteristics of the property in issue that bear
on the assessment determination.
(2) All other facts relevant to the assessment determination.
(3) A list of the reasons the taxpayer believes that the assessment
determination by the county or township official referred to in
subsection (a) is incorrect.
(4) An indication of the agreement or disagreement by the official
with each item listed under subdivision (3).
(5) The reasons the official believes that the assessment
determination is correct.
(h) If after the conference there are no items listed on the form
submitted to the county property tax assessment board of appeals under
subsection (f) on which there is disagreement:
(1) the county or township official referred to in subsection (a)
shall give notice to the taxpayer, the county property tax
assessment board of appeals, and the county assessor of the
assessment in the amount agreed to by the taxpayer and the
official; and
(2) the county property tax assessment board of appeals may
reserve the right to change the assessment under IC 6-1.1-13.
(i) If after the conference there are items listed in the form
submitted under subsection (f) on which there is disagreement, the
county property tax assessment board of appeals shall hold a hearing.
The taxpayer and county or township official whose original
determination is under review are parties to the proceeding before the
board of appeals. Except as provided in subsections (k) and (l), the
hearing must be held not later than ninety (90) days after the official's
receipt of the taxpayer's written request for a preliminary conference
under subsection (b). The taxpayer may present the taxpayer's reasons
for disagreement with the assessment. The county or township official
referred to in subsection (a) must present the basis for the assessment
decision on these items to the board of appeals at the hearing and the
reasons the taxpayer's appeal should be denied on those items. The
board of appeals shall have a written record of the hearing and prepare
a written statement of findings and a decision on each item not later
than sixty (60) days after the hearing, except as provided in subsections
(k) and (l).
(j) If the township assessor does not attempt to hold a preliminary
conference, the taxpayer may file a request in writing with the county
assessor for a hearing before the property tax assessment board of
appeals. If the board determines that the county or township official
referred to in subsection (a) did not attempt to hold a preliminary
conference, the board shall hold a hearing. The taxpayer and the county
or township official whose original determination is under review are
parties to the proceeding before the board of appeals. The hearing must
be held not later than ninety (90) days after the receipt by the board of
appeals of the taxpayer's hearing request under this subsection. The
requirements of subsection (i) with respect to:
(1) participation in the hearing by the taxpayer and the township
assessor or county assessor; and
(2) the procedures to be followed by the county board;
apply to a hearing held under this subsection.
(k) This subsection applies to a county having a population of more
than three hundred thousand (300,000). In the case of a petition filed
after December 31, 2000, the county property tax assessment board of
appeals shall:
(1) hold its hearing not later than one hundred eighty (180) days
instead of ninety (90) days after the filing of the petition; and
(2) have a written record of the hearing and prepare a written
statement of findings and a decision on each item not later than
one hundred twenty (120) days after the hearing.
(l) This subsection applies to a county having a population of three
hundred thousand (300,000) or less. 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 county property tax assessment board of appeals shall:
(1) hold its hearing not later than one hundred eighty (180) days
instead of ninety (90) days after the filing of the petition; and
(2) have a written record of the hearing and prepare a written
statement of findings and a decision on each item not later than
one hundred twenty (120) days after the hearing.
(f) A county or township official who receives a notice for
review filed by a taxpayer under subsection (b) or (c) shall
immediately forward the notice to the county board.
(g) The county board shall hold a hearing on a review under this
subsection not later than one hundred eighty (180) days after the
date of the notice for review filed by the taxpayer under subsection
(b) or (c). The county board shall, by mail, give notice of the date,
time, and place fixed for the hearing to the taxpayer and the county
or township official with whom the taxpayer filed the notice for
review. The taxpayer and the county or township official with
whom the taxpayer filed the notice for review are parties to the
proceeding before the county board.
(h) Before the county board holds the hearing required under
subsection (g), the taxpayer may request a meeting by filing a
written request with the county or township official with whom the
taxpayer filed the notice for review to:
(1) attempt to resolve as many issues under review as possible;
and
(2) seek a joint recommendation for settlement of some or all
of the issues under review.
A county or township official who receives a meeting request under
this subsection before the county board hearing shall meet with the
taxpayer. The taxpayer and the county or township official shall
present a joint recommendation reached under this subsection to
the county board at the hearing required under subsection (g). The
county board may adopt or reject the recommendation in whole or
in part.
(i) At the hearing required under subsection (g):
(1) the taxpayer may present the taxpayer's reasons for
disagreement with the assessment; and
(2) the county or township official with whom the taxpayer
filed the notice for review must present:
(A) the basis for the assessment decision; and
(B) the reasons the taxpayer's contentions should be
denied.
(m) (j) The county
property tax assessment board
of appeals:
(1) may not require a taxpayer to file documentary evidence or
summaries of statements of testimonial evidence before the
hearing required under subsection
(i). or (j); and
(2) may amend the form submitted under subsection (f) if the
board determines that the amendment is warranted. (g).
(n) Upon receiving a request for a preliminary conference under
subsection (b), the county or township official referred to in subsection
(a) shall notify the county auditor in writing that the assessment is
under appeal. With respect to an appeal of the assessment of real
property or personal property filed after June 30, 2005, the notice must
include the appellant's name and address, the assessed value of the
appealed items for the assessment date immediately preceding the
assessment date for which the appeal was filed, and the assessed value
of the appealed items on the most recent assessment date. If the county
auditor determines that the assessed value of the appealed items
constitutes at least one percent (1%) of the total gross certified assessed
value of a particular taxing unit for the assessment date immediately
preceding the assessment date for which the appeal was filed, the
county auditor shall send a copy of the notice to the affected taxing
unit. Failure of the county auditor to send a copy of the notice to the
affected taxing unit does not affect the validity of the appeal or delay
the appeal.
(k) Regardless of whether the county board adopts a
recommendation under subsection (h), the county board shall
prepare a written decision resolving all of the issues under review.
The county board shall, by mail, give notice of its determination
not later than one hundred twenty (120) days after the hearing
under subsection (g) to the taxpayer, the county assessor, and the
township assessor.
(l) If the maximum time elapses:
(1) under subsection (g) for the county board to hold a
hearing; or
(2) under subsection (k) for the county board to give notice of
its determination;
the taxpayer may initiate a proceeding for review before the
Indiana board by taking the action required by section 3 of this
chapter at any time after the maximum time elapses.
SOURCE: IC 6-1.1-15-3; (07)SE0287.1.39. -->
SECTION 39. IC 6-1.1-15-3, AS AMENDED BY P.L.199-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) A taxpayer may obtain a review by the
Indiana board of a county
property tax assessment board of appeals
board's action with respect to
the following:
(1) The assessment of that taxpayer's tangible property if the
county
property tax assessment board of appeals' board's action
requires the giving of notice to the taxpayer.
A township assessor,
(2) The exemption of that taxpayer's tangible property if the
taxpayer receives a notice of an exemption determination by
the county board under IC 6-1.1-11-7.
(b) The county assessor
member of a county property tax
assessment board of appeals, or county property tax assessment board
of appeals that made the original determination under appeal under this
section is
a the party to the review under this section to defend the
determination
of the county board. At the time
that the notice
of that
determination is given to the taxpayer, the taxpayer shall also be
informed in writing of:
(1) the taxpayer's opportunity for review under this section; and
(2) the procedures the taxpayer must follow in order to obtain
review under this section.
(b) (c) A
township assessor or county assessor
who dissents from
the determination of an assessment or an exemption by the county
board may obtain a review
of the assessment or the exemption by the
Indiana board.
of any assessment which the township assessor or the
county assessor has made, upon which the township assessor or the
county assessor has passed, or which has been made over the township
assessor's or the county assessor's protest.
(c) (d) In order to obtain a review by the Indiana board under this
section, the party must,
file a petition for review with the appropriate
county assessor not later than
thirty (30) forty-five (45) days after the
date of the notice
given to the party or parties of the determination
of the county
property tax assessment board:
of appeals action is given
to the taxpayer.
(1) file a petition for review with the Indiana board; and
(2) mail a copy of the petition to the other party.
(d) (e) The Indiana board shall prescribe the form of the petition for
review of an assessment determination
or an exemption by the county
property tax assessment board. of appeals. The Indiana board shall
issue instructions for completion of the form. The form and the
instructions must be clear, simple, and understandable to the average
individual. An appeal A petition for review of such a determination
must be made on the form prescribed by the Indiana board. The form
must require the petitioner to specify the following:
(1) If the county or township official held a preliminary
conference under section 1(f) of this chapter, the items listed in
section 1(g)(1) and 1(g)(2) of this chapter.
(2) The reasons why the petitioner believes that the assessment
determination or the exemption determination by the county
property tax assessment board of appeals is erroneous.
(e) The county assessor shall transmit the petition for review to the
Indiana board not later than ten (10) days after it is filed.
(f) If a township assessor or a member of the county property tax
assessment board of appeals files a petition for review under this
section concerning the assessment of a taxpayer's property, the county
assessor must send a copy of the petition to the taxpayer. The county
assessor shall transmit the petition for review to the Indiana board not
later than ten (10) days after the petition is filed.
SOURCE: IC 6-1.1-15-4; (07)SE0287.1.40. -->
SECTION 40. IC 6-1.1-15-4, AS AMENDED BY P.L.154-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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. 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
or exemption in accordance with the correction.
(b) 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. With respect to an appeal of the assessment of real
property or personal property filed after June 30, 2005, the notice must
include the following:
(1) The action of the county property tax assessment board of
appeals with respect to the appealed items.
(2) A statement that a taxing unit receiving the notice from the
county auditor under subsection (c) may:
(A) attend the hearing; and
(B) offer testimony.
The Indiana board shall give these notices at least thirty (30) days
before the day fixed for the hearing unless the parties agree to a
shorter period. With respect to a petition for review filed by a
county assessor, the property tax assessment county board of appeals
that made the determination under appeal review 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 county 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. The executive of a taxing
unit may file an amicus curiae brief in the review proceeding under this
section if the property whose assessment or exemption is under appeal
is subject to assessment by that taxing unit.
(c) If, after receiving notice of a hearing under subsection (b), the
county auditor determines that the assessed value of the appealed items
constitutes at least one percent (1%) of the total gross certified assessed
value of a particular taxing unit for the assessment date immediately
preceding the assessment date for which the appeal was filed, the
county auditor shall send a copy of the notice to the affected taxing
unit. A taxing unit that receives a notice from the county auditor under
this subsection is not a party to the appeal. Failure of the county auditor
to send a copy of the notice to the affected taxing unit does not affect
the validity of the appeal or delay the appeal.
(d) (c) 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.
(e) 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) if the county or township official held a preliminary
conference under section 1(f) of this chapter, indicated on the
petition submitted under that section by the taxpayer and the
official; and
(2) 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.
(f) (d) After the hearing, the Indiana board shall give the petitioner,
the township assessor, taxpayer, the county assessor, and the county
auditor: any entity that filed an amicus curiae brief:
(1) notice, by mail, of its final determination;
(2) a copy of the form completed under subsection (e); and
(3) (2) for parties entitled to appeal the final determination,
notice of the procedures they must follow in order to obtain court
review under section 5 of this chapter.
The county auditor shall provide copies of the documents described in
subdivisions (1) through (3) to the taxing units entitled to notice under
subsection (c).
(g) (e) Except as provided in subsection (h), (f), the Indiana board
shall conduct a hearing 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.
(h) (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 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.
(i) (g) Except as provided in subsection (j), (h), the Indiana board
shall make a determination not later than the later of:
(1) ninety (90) days after the hearing; or
(2) the date set in an extension order issued by the Indiana board.
(j) (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 not later than the later of:
(1) one hundred eighty (180) days after the hearing; or
(2) the date set in an extension order issued by the Indiana board.
(k) (i) The Indiana board may not extend the final determination
date under subsection
(i) (g) or
(j) (h) by more than one hundred eighty
(180) days. If the Indiana board fails to make a final determination
within the time allowed by this section,
after a hearing, the entity that
initiated the petition may:
(1) take no action and wait for the Indiana board to make a final
determination; or
(2) petition for judicial review under section
5(g) 5 of this
chapter.
(l) (j) A final determination must include separately stated findings
of fact for all aspects of the determination. Findings of ultimate fact
must be accompanied by a concise statement of the underlying basic
facts of record to support the findings. Findings must be based
exclusively upon the evidence on the record in the proceeding and on
matters officially noticed in the proceeding. Findings must be based
upon a preponderance of the evidence.
(m) (k) The Indiana board may limit the scope of the appeal to the
issues raised in the petition and the evaluation of the evidence
presented to the county
property tax assessment board
of appeals in
support of those issues only if all
persons parties participating in the
hearing required under subsection (a) agree to the limitation. A
person
party participating in the hearing required under subsection (a) is
entitled to introduce evidence that is otherwise proper and admissible
without regard to whether that evidence has previously been introduced
at a hearing before the county
property tax assessment board.
of
appeals.
(n) (l) The Indiana board
may require the parties to the appeal:
(1)
may require the parties to the appeal to file not more than five
(5) business days before the date of the hearing required under
subsection (a) documentary evidence or summaries of statements
of testimonial evidence; and
(2)
may require the parties to the appeal to file not more than
fifteen (15) business days before the date of the hearing required
under subsection (a) lists of witnesses and exhibits to be
introduced at the hearing.
(o) (m) A party to a proceeding before the Indiana board shall
provide to
another party all other parties to the proceeding the
information described in subsection
(n) (l) if the other party requests
the information in writing at least ten (10) days before the deadline for
filing of the information under subsection
(n). (l).
(p) The county assessor may:
(1) appear as an additional party if the notice of appearance is
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.
(q) (n) 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.
SOURCE: IC 6-1.1-15-5; (07)SE0287.1.41. -->
SECTION 41. IC 6-1.1-15-5, AS AMENDED BY P.L.199-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. (a) 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 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 not later than ninety (90) days
after notifying the parties that the Indiana board will rehear the
final determination.
If the Indiana board fails to make a final determination within the time
allowed under subdivision (2), the 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 party may petition for judicial review of the final
determination of the Indiana board regarding the assessment or
exemption of that person's tangible property. The action shall be taken
to the tax court under IC 4-21.5-5. In order to obtain judicial review
under this section, a party must:
(1) file a petition with the Indiana tax court;
(2) serve a copy of the petition on:
(A) the county assessor;
(B) the attorney general; and
(C) any entity that filed an amicus curiae brief with the
Indiana board; and
(3) file a written notice of appeal with the Indiana board
informing the Indiana board of the party's intent to obtain
judicial review.
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, The 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 party must take the action
required by subsection (b) 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) forty-five (45) 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(h) 4(e) or 4(i) 4(f) of this chapter does
not constitute notice to the person party of an Indiana board final
determination.
(e) The county executive assessor may petition for judicial review
to the tax court in the manner prescribed in this section. upon request
by the county assessor, the elected township assessor, or an affected
taxing unit. If an appeal is taken at the request of an affected taxing
unit, the taxing unit shall pay the costs of the appeal.
(f) If The county executive determines upon a request under this
subsection to not appeal to the tax court:
(1) the entity described in subsection (b) that made the original
determination under appeal under this section may take an appeal
to the tax court in the manner prescribed in this section using
funds from that entity's budget; and
(2) the petitioner assessor may not be represented by the attorney
general in an action described in subdivision (1). a judicial
review initiated under subsection (b) by the county assessor.
(g) If the maximum time elapses for the Indiana board to give notice
of its final determination under subsection (a) or section 4 of this
chapter, a person party may initiate a proceeding for judicial review by
taking the action required by subsection (b) at any time after the
maximum time elapses. If:
(1) a judicial proceeding is initiated under this subsection; and
(2) the Indiana board has not issued a determination;
the tax court shall determine the matter de novo.
SOURCE: IC 6-1.1-15-8; (07)SE0287.1.42. -->
SECTION 42. IC 6-1.1-15-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) If a final
determination by the Indiana board regarding the assessment
or
exemption of any tangible property is vacated, set aside, or adjudged
null and void under the decision of the tax court,
under IC 4-21.5-5, the
matter of the assessment
or exemption of the property shall be
remanded to the Indiana board with instructions to the Indiana board
to refer the matter to the:
(1) department of local government finance with respect to an
appeal of a determination made by the department; or
(2) county
property tax assessment board
of appeals with respect
to an appeal of a determination made by the county board;
to make another assessment
or exemption determination. Upon
remand, the Indiana board may take action only on those issues
specified in the decision of the tax court.
(b) The department of local government finance or the county
property tax assessment board of appeals shall take action on a case
referred to it by the Indiana board under subsection (a) not later than
ninety (90) days after the date the referral is made. unless an appeal of
the final determination of the Indiana board is initiated under
IC 4-21.5-5-16. The department of local government finance or the
county property tax assessment board of appeals may petition the
Indiana board at any time for an extension of the ninety (90) day
period. An extension shall be granted upon a showing of reasonable
cause.
(c) The taxpayer in a case remanded under subsection (a) may
petition the tax court for an order requiring the department of local
government finance or the county property tax assessment board of
appeals to show cause why action has not been taken pursuant to the
Indiana board's referral under subsection (a) if:
(1) at least ninety (90) days have elapsed since the referral was
made;
(2) the department of local government finance or the county
property tax assessment board of appeals has not taken action on
the issues specified in the tax court's decision; and
(3) an appeal of the tax court's decision has not been filed.
(d) If a case remanded under subsection (a) is appealed under
IC 4-21.5-5-16, section 5 of this chapter, the ninety (90) day period
provided in subsection (b) is tolled until the appeal is concluded.
SOURCE: IC 6-1.1-15-9; (07)SE0287.1.43. -->
SECTION 43. IC 6-1.1-15-9, AS AMENDED BY P.L.199-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 9. (a) If the assessment or exemption of tangible
property is corrected by the department of local government finance or
the county property tax assessment board of appeals under section 8 of
this chapter, the owner of the property has a right to appeal the final
determination of the corrected assessment or exemption to the Indiana
board. The county executive assessor also has a right to appeal the
final determination of the reassessment or exemption by the
department of local government finance or the county property tax
assessment board, of appeals but only upon request by the county
assessor, the elected township assessor, or an affected taxing unit. If the
appeal is taken at the request of an affected taxing unit, the taxing unit
shall pay the costs of the appeal.
(b) An appeal under this section must be initiated in the manner
prescribed in section 3 of this chapter or IC 6-1.5-5.
SOURCE: IC 6-1.1-15-10; (07)SE0287.1.44. -->
SECTION 44. IC 6-1.1-15-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. (a) If a petition for
review to any board or a proceeding for judicial review in the tax court
regarding an assessment or increase in assessment is pending, the taxes
resulting from the assessment or increase in assessment are,
notwithstanding the provisions of IC 6-1.1-22-9, not due until after the
petition for review, or the proceeding for judicial review, is finally
adjudicated and the assessment or increase in assessment is finally
determined. However, even though a petition for review or a
proceeding for judicial review is pending, the taxpayer shall pay taxes
on the tangible property when the property tax installments come due,
unless the collection of the taxes is stayed enjoined under
IC 4-21.5-5-9 IC 33-26-6-2 pending a final determination in the
proceeding for judicial review. The amount of taxes which the taxpayer
is required to pay, pending the final determination of the assessment or
increase in assessment, shall be based on:
(1) the assessed value reported by the taxpayer on the taxpayer's
personal property return if a personal property assessment, or an
increase in such an assessment, is involved; or
(2) an amount based on the immediately preceding year's
assessment of real property if an assessment, or increase in
assessment, of real property is involved.
(b) If the petition for review or the proceeding for judicial review is
not finally determined by the last installment date for the taxes, the
taxpayer, upon showing of cause by a taxing official or at the tax court's
discretion, may be required to post a bond or provide other security in
an amount not to exceed the taxes resulting from the contested
assessment or increase in assessment.
(c) Each county auditor shall keep separate on the tax duplicate a
record of that portion of the assessed value of property that is described
in IC 6-1.1-17-0.5(b). When establishing rates and calculating state
school support, the department of local government finance shall
exclude from assessed value in the county the assessed value of
property kept separate on the tax duplicate by the county auditor under
IC 6-1.1-17-0.5(b).
SOURCE: IC 6-1.1-15-12; (07)SE0287.1.45. -->
SECTION 45. IC 6-1.1-15-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12. (a) Subject to the
limitations contained in subsections (c) and (d), a county auditor shall
correct errors which are discovered in the tax duplicate for any one (1)
or more of the following reasons:
(1) The description of the real property was in error.
(2) The assessment was against the wrong person.
(3) Taxes on the same property were charged more than one (1)
time in the same year.
(4) There was a mathematical error in computing the taxes or
penalties on the taxes.
(5) There was an error in carrying delinquent taxes forward from
one (1) tax duplicate to another.
(6) The taxes, as a matter of law, were illegal.
(7) There was a mathematical error in computing an assessment.
(8) Through an error of omission by any state or county officer,
the taxpayer was not given credit for an exemption or deduction
permitted by law.
(b) The county auditor shall correct an error described under
subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) when the county
auditor finds that the error exists.
(c) If the tax is based on an assessment made or determined by the
state board of tax commissioners (before the board was abolished) or
the department of local government finance, the county auditor shall
not correct an error described under subsection (a)(6), (a)(7), or (a)(8)
until after the correction is either approved by the department of local
government finance or ordered by the tax court.
(d) If the tax is not based on an assessment made or determined by
the state board of tax commissioners (before the board was abolished)
or the department of local government finance, the county auditor shall
correct an error described under subsection (a)(6), (a)(7), or (a)(8) only
if the correction is first approved by at least two (2) of the following
officials:
(1) The township assessor.
(2) The county auditor.
(3) The county assessor.
If two (2) of these officials do not approve such a correction, the county
auditor shall refer the matter to the county property tax assessment
board of appeals for determination. The county property tax assessment
board of appeals shall provide a copy of the determination to the
taxpayer and to the county auditor.
(e) A taxpayer may appeal a determination of the county property
tax assessment board of appeals to the Indiana board for a final
administrative determination. An appeal under this section shall be
conducted in the same manner as appeals under sections 4 through 8
of this chapter. The Indiana board shall send the final administrative
determination to the taxpayer, the county auditor, the county assessor,
and the township assessor.
(f) If a correction or change is made in the tax duplicate after it is
delivered to the county treasurer, the county auditor shall transmit a
certificate of correction to the county treasurer. The county treasurer
shall keep the certificate as the voucher for settlement with the county
auditor.
(g) A taxpayer that files a personal property tax return under
IC 6-1.1-3 may not petition under this section for the correction of an
error made by the taxpayer on the taxpayer's personal property tax
return. If the taxpayer wishes to correct an error made by the taxpayer
on the taxpayer's personal property tax return, the taxpayer must
instead file an amended personal property tax return under
IC 6-1.1-3-7.5.
(h) A taxpayer that files a statement under IC 6-1.1-8-19 may not
petition under this section for the correction of an error made by the
taxpayer on the taxpayer's statement. If the taxpayer wishes to correct
an error made by the taxpayer on the taxpayer's statement, the taxpayer
must instead initiate an objection under IC 6-1.1-8-28 or an appeal
under IC 6-1.1-8-30.
(i) A taxpayer that files a statement under IC 6-1.1-8-23 may not
petition under this section for the correction of an error made by the
taxpayer on the taxpayer's statement. If the taxpayer wishes to correct
an error made by the taxpayer on the taxpayer's statement, the taxpayer
must instead file an amended statement not more than six (6) months
after the due date of the statement.
SOURCE: IC 6-1.1-15-14; (07)SE0287.1.46. -->
SECTION 46. IC 6-1.1-15-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. In any assessment
review the assessing official, the county assessor, and the members of
a county property tax assessment board of appeals shall:
(1) use the department of local government finance's rules in
effect; and
(2) consider the conditions and circumstances of the property as
they existed;
on the original assessment date of the property under review.
SOURCE: IC 6-1.1-15-16; (07)SE0287.1.47. -->
SECTION 47. IC 6-1.1-15-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. Notwithstanding
any provision in the 2002 Real Property Assessment Manual and Real
Property Assessment Guidelines for 2002-Version A, incorporated by
reference in 50 IAC 2.3-1-2, a county property tax assessment board of
appeals or the Indiana board shall consider all evidence relevant to the
assessment of real property regardless of whether the evidence was
submitted to the township assessor before the assessment of the
property.
SOURCE: IC 6-1.1-16-2; (07)SE0287.1.48. -->
SECTION 48. IC 6-1.1-16-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) If a county
property tax assessment board of appeals fails to change an assessed
value claimed by a taxpayer on a personal property return and give
notice of the change within the time prescribed in section 1(a)(2) of
this chapter, the township assessor or the county assessor may file a
petition for review of the assessment by the Indiana board. The
township assessor or the county assessor must file the petition for
review in the manner provided in IC 6-1.1-15-3(c). IC 6-1.1-15-3(d).
The time period for filing the petition begins to run on the last day that
the county board is permitted to act on the assessment under section
1(a)(2) of this chapter as though the board acted and gave notice of its
action on that day.
(b) Notwithstanding section 1(a)(3) of this chapter, the department
of local government finance shall reassess tangible property when an
appealed assessment of the property is remanded to the board under
IC 6-1.1-15-8.
SOURCE: IC 6-1.1-17-3; (07)SE0287.1.49. -->
SECTION 49. IC 6-1.1-17-3, AS AMENDED BY P.L.162-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) The proper officers of a political subdivision
shall formulate its estimated budget and its proposed tax rate and tax
levy on the form prescribed by the department of local government
finance and approved by the state board of accounts. The political
subdivision shall give notice by publication to taxpayers of:
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and
place at which a public hearing will be held on these items. The notice
shall be published twice in accordance with IC 5-3-1 with the first
publication at least ten (10) days before the date fixed for the public
hearing. Beginning in 2009, the duties required by this subsection must
be completed before August 10 of the calendar year. A political
subdivision shall provide the estimated budget and levy information
required for the notice under subsection (b) to the county auditor on the
schedule determined by the department of local government finance.
(b) Beginning in 2009, before August 10 of a calendar year, the
county auditor shall mail to the last known address of each person
liable for any property taxes, as shown on the tax duplicate, or to the
last known address of the most recent owner shown in the transfer
book, a statement that includes:
(1) the assessed valuation as of the assessment date in the current
calendar year of tangible property on which the person will be
liable for property taxes first due and payable in the immediately
succeeding calendar year and notice to the person of the
opportunity to appeal the assessed valuation under
IC 6-1.1-15-1(b); IC 6-1.1-15-1(c);
(2) the amount of property taxes for which the person will be
liable to each political subdivision on the tangible property for
taxes first due and payable in the immediately succeeding
calendar year, taking into account all factors that affect that
liability, including:
(A) the estimated budget and proposed tax rate and tax levy
formulated by the political subdivision under subsection (a);
(B) any deductions or exemptions that apply to the assessed
valuation of the tangible property;
(C) any credits that apply in the determination of the tax
liability; and
(D) the county auditor's best estimate of the effects on the tax
liability that might result from actions of the county board of
tax adjustment or the department of local government finance;
(3) a prominently displayed notation that:
(A) the estimate under subdivision (2) is based on the best
information available at the time the statement is mailed; and
(B) based on various factors, including potential actions by the
county board of tax adjustment or the department of local
government finance, it is possible that the tax liability as
finally determined will differ substantially from the estimate;
(4) comparative information showing the amount of property
taxes for which the person is liable to each political subdivision
on the tangible property for taxes first due and payable in the
current year; and
(5) the date, time, and place at which the political subdivision will
hold a public hearing on the political subdivision's estimated
budget and proposed tax rate and tax levy as required under
subsection (a).
(c) The department of local government finance shall:
(1) prescribe a form for; and
(2) provide assistance to county auditors in preparing;
statements under subsection (b). Mailing the statement described in
subsection (b) to a mortgagee maintaining an escrow account for a
person who is liable for any property taxes shall not be construed as
compliance with subsection (b).
(d) The board of directors of a solid waste management district
established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
conduct the public hearing required under subsection (a):
(1) in any county of the solid waste management district; and
(2) in accordance with the annual notice of meetings published
under IC 13-21-5-2.
(e) The trustee of each township in the county shall estimate the
amount necessary to meet the cost of township assistance in the
township for the ensuing calendar year. The township board shall adopt
with the township budget a tax rate sufficient to meet the estimated cost
of township assistance. The taxes collected as a result of the tax rate
adopted under this subsection are credited to the township assistance
fund.
(f) A county shall adopt with the county budget and the department
of local government finance shall certify under section 16 of this
chapter a tax rate sufficient to raise the levy necessary to pay the
following:
(1) The cost of child services (as defined in IC 12-19-7-1) of the
county payable from the family and children's fund.
(2) The cost of children's psychiatric residential treatment
services (as defined in IC 12-19-7.5-1) of the county payable from
the children's psychiatric residential treatment services fund.
A budget, tax rate, or tax levy adopted by a county fiscal body or
approved or modified by a county board of tax adjustment that is less
than the levy necessary to pay the costs described in subdivision (1) or
(2) shall not be treated as a final budget, tax rate, or tax levy under
section 11 of this chapter.
SOURCE: IC 6-1.1-17-5; (07)SE0287.1.50. -->
SECTION 50. IC 6-1.1-17-5, AS AMENDED BY P.L.169-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. (a) The officers of political subdivisions shall
meet each year to fix the budget, tax rate, and tax levy of their
respective subdivisions for the ensuing budget year as follows:
(1) The fiscal body of a consolidated city and county, not later
than the last meeting of the fiscal body in September.
(2) The fiscal body of a municipality, not later than September 30.
(3) (1) The board of school trustees of a school corporation that
is located in a city having a population of more than one hundred
five thousand (105,000) but less than one hundred twenty
thousand (120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) September 20 30 if a resolution adopted under section
5.6(d) of this chapter is in effect.
(4) (2) The proper officers of all other political subdivisions, not
later than September 20. 30.
Except in a consolidated city and county and in a second class city, the
public hearing required by section 3 of this chapter must be completed
at least ten (10) days before the proper officers of the political
subdivision meet to fix the budget, tax rate, and tax levy. In a
consolidated city and county and in a second class city, that public
hearing, by any committee or by the entire fiscal body, may be held at
any time after introduction of the budget.
(b) Ten (10) or more taxpayers may object to a budget, tax rate, or
tax levy of a political subdivision fixed under subsection (a) by filing
an objection petition with the proper officers of the political
subdivision not more than seven (7) days after the hearing. The
objection petition must specifically identify the provisions of the
budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the
political subdivision shall adopt with its budget a finding concerning
the objections in the petition and any testimony presented at the
adoption hearing.
(d) This subsection does not apply to a school corporation. Each
year at least two (2) days before the first meeting of the county board
of tax adjustment held under IC 6-1.1-29-4, a political subdivision shall
file with the county auditor:
(1) a statement of the tax rate and levy fixed by the political
subdivision for the ensuing budget year;
(2) two (2) copies of the budget adopted by the political
subdivision for the ensuing budget year; and
(3) two (2) copies of any findings adopted under subsection (c).
Each year the county auditor shall present these items to the county
board of tax adjustment at the board's first meeting.
(e) In a consolidated city and county and in a second class city, the
clerk of the fiscal body shall, notwithstanding subsection (d), file the
adopted budget and tax ordinances with the county board of tax
adjustment within two (2) days after the ordinances are signed by the
executive, or within two (2) days after action is taken by the fiscal body
to override a veto of the ordinances, whichever is later.
(f) If a fiscal body does not fix the budget, tax rate, and tax levy of
the political subdivisions for the ensuing budget year as required under
this section, the most recent annual appropriations and annual tax levy
are continued for the ensuing budget year.
SOURCE: IC 6-1.1-17-5.6; (07)SE0287.1.51. -->
SECTION 51. IC 6-1.1-17-5.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.6. (a) This section
applies only to a school corporation that is located in a city having a
population of more than one hundred five thousand (105,000) but less
than one hundred twenty thousand (120,000).
(b) Before February 1 of each year, the officers of the school
corporation shall meet to fix the budget for the school corporation for
the ensuing budget year, with notice given by the same officers.
However, if a resolution adopted under subsection (d) is in effect, the
officers shall meet to fix the budget for the ensuing budget year before
September 20. 30.
(c) Each year, at least two (2) days before the first meeting of the
county board of tax adjustment held under IC 6-1.1-29-4, the school
corporation shall file with the county auditor:
(1) a statement of the tax rate and tax levy fixed by the school
corporation for the ensuing budget year;
(2) two (2) copies of the budget adopted by the school corporation
for the ensuing budget year; and
(3) any written notification from the department of local
government finance under section 16(i) of this chapter that
specifies a proposed revision, reduction, or increase in the budget
adopted by the school corporation for the ensuing budget year.
Each year the county auditor shall present these items to the county
board of tax adjustment at the board's first meeting.
(d) The governing body of the school corporation may adopt a
resolution to cease using a school year budget year and return to using
a calendar year budget year. A resolution adopted under this subsection
must be adopted after January 1 and before July 1. The school
corporation's initial calendar year budget year following the adoption
of a resolution under this subsection begins on January 1 of the year
following the year the resolution is adopted. The first six (6) months of
the initial calendar year budget for the school corporation must be
consistent with the last six (6) months of the final school year budget
fixed by the department of local government finance before the
adoption of a resolution under this subsection.
(e) A resolution adopted under subsection (d) may be rescinded by
a subsequent resolution adopted by the governing body. If the
governing body of the school corporation rescinds a resolution adopted
under subsection (d) and returns to a school year budget year, the
school corporation's initial school year budget year begins on July 1
following the adoption of the rescinding resolution and ends on June
30 of the following year. The first six (6) months of the initial school
year budget for the school corporation must be consistent with the last
six (6) months of the last calendar year budget fixed by the department
of local government finance before the adoption of a rescinding
resolution under this subsection.
SOURCE: IC 6-1.1-18-12; (07)SE0287.1.52. -->
SECTION 52. IC 6-1.1-18-12, AS AMENDED BY SEA 526-2007,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 12. (a) For purposes of this section,
"maximum rate" refers to the maximum:
(1) property tax rate or rates; or
(2) special benefits tax rate or rates;
referred to in the statutes listed in subsection (d).
(b) The maximum rate for taxes first due and payable after 2003 is
the maximum rate that would have been determined under subsection
(e) for taxes first due and payable in 2003 if subsection (e) had applied
for taxes first due and payable in 2003.
(c) The maximum rate must be adjusted each year to account for
the change in assessed value of real property that results from:
(1) each time an annual adjustment of the assessed value of real
property takes effect under IC 6-1.1-4-4.5; and or
(2) each time a general reassessment of real property takes effect
under IC 6-1.1-4-4.
(d) The statutes to which subsection (a) refers are:
(1) IC 8-10-5-17;
(2) IC 8-22-3-11;
(3) IC 8-22-3-25;
(4) IC 12-29-1-1;
(5) IC 12-29-1-2;
(6) IC 12-29-1-3;
(7) IC 12-29-3-6;
(8) IC 13-21-3-12;
(9) IC 13-21-3-15;
(10) IC 14-27-6-30;
(11) IC 14-33-7-3;
(12) IC 14-33-21-5;
(13) IC 15-1-6-2;
(14) IC 15-1-8-1;
(15) IC 15-1-8-2;
(16) IC 16-20-2-18;
(17) IC 16-20-4-27;
(18) IC 16-20-7-2;
(19) IC 16-22-14;
(20) IC 16-23-1-29;
(21) IC 16-23-3-6;
(22) IC 16-23-4-2;
(23) IC 16-23-5-6;
(24) IC 16-23-7-2;
(25) IC 16-23-8-2;
(26) IC 16-23-9-2;
(27) IC 16-41-15-5;
(28) IC 16-41-33-4;
(29) IC 20-46-2-3;
(30) IC 20-46-6-5;
(31) IC 20-49-2-10;
(32) IC 36-1-19-1;
(33) IC 23-14-66-2;
(34) IC 23-14-67-3;
(35) IC 36-7-13-4;
(36) IC 36-7-14-28;
(37) IC 36-7-15.1-16;
(38) IC 36-8-19-8.5;
(39) IC 36-9-6.1-2;
(40) IC 36-9-17.5-4;
(41) IC 36-9-27-73;
(42) IC 36-9-29-31;
(43) IC 36-9-29.1-15;
(44) IC 36-10-6-2;
(45) IC 36-10-7-7;
(46) IC 36-10-7-8;
(47) IC 36-10-7.5-19;
(48) IC 36-10-13-5;
(49) IC 36-10-13-7;
(50) IC 36-10-14-4;
(51) IC 36-12-7-7;
(52) IC 36-12-7-8;
(53) IC 36-12-12-10; and
(54) any statute enacted after December 31, 2003, that:
(A) establishes a maximum rate for any part of the:
(i) property taxes; or
(ii) special benefits taxes;
imposed by a political subdivision; and
(B) does not exempt the maximum rate from the adjustment
under this section.
(e) The new maximum rate under a statute listed in subsection (d)
is the tax rate determined under STEP SEVEN of the following STEPS:
STEP ONE: Determine the maximum rate for the political
subdivision levying a property tax or special benefits tax under
the statute for the year preceding the year in which the annual
adjustment or general reassessment takes effect.
STEP TWO: Determine the actual percentage increase (rounded
to the nearest one-hundredth percent (0.01%)) in the assessed
value (before the adjustment, if any, under IC 6-1.1-4-4.5) of the
taxable property from the year preceding the year the annual
adjustment or general reassessment takes effect to the year that
the annual adjustment or general reassessment takes effect.
STEP THREE: Determine the three (3) calendar years that
immediately precede the ensuing calendar year and in which a
statewide general reassessment of real property does not first take
effect.
STEP FOUR: Compute separately, for each of the calendar years
determined in STEP THREE, the actual percentage increase
(rounded to the nearest one-hundredth percent (0.01%)) in the
assessed value (before the adjustment, if any, under
IC 6-1.1-4-4.5) of the taxable property from the preceding year.
STEP FIVE: Divide the sum of the three (3) quotients computed
in STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the STEP
FIVE percentage.
STEP SEVEN: Determine the quotient of the STEP ONE tax rate
divided by the sum of one (1) plus the STEP SIX percentage
increase.
(f) The department of local government finance shall compute the
maximum rate allowed under subsection (e) and provide the rate to
each political subdivision with authority to levy a tax under a statute
listed in subsection (d).
SOURCE: IC 6-1.1-18-13; (07)SE0287.1.53. -->
SECTION 53. IC 6-1.1-18-13, AS ADDED BY P.L.2-2006,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2007 (RETROACTIVE)]: Sec. 13. (a) The maximum
property tax rate levied under IC 20-46-6 by each school corporation
for the school corporation's capital projects fund must be adjusted each
time year to account for the change in assessed value of real
property that results from:
(1) an annual adjustment of the assessed value of real
property under IC 6-1.1-4-4.5; or
(2) a general reassessment of
real property
takes effect under
IC 6-1.1-4-4.
The adjusted property tax rate becomes the new maximum property tax
rate for the levy for property taxes first due and payable in each year:
(1) after the general reassessment for which the adjustment was
made takes effect; and
(2) before the next general reassessment takes effect.
(b) The new maximum rate under this section is the tax rate
determined under STEP SEVEN of the following formula:
STEP ONE: Determine the maximum rate for the school
corporation for the year preceding the year in which the annual
adjustment or general reassessment takes effect.
STEP TWO: Determine the actual percentage increase (rounded
to the nearest one-hundredth percent (0.01%)) in the assessed
value (before the adjustment, if any, under IC 6-1.1-4-4.5) of
the taxable property from the year preceding the year the annual
adjustment or general reassessment takes effect to the year that
the annual adjustment or general reassessment is effective.
STEP THREE: Determine the three (3) calendar years that
immediately precede the ensuing calendar year and in which a
statewide general reassessment of real property does not first
become effective.
STEP FOUR: Compute separately, for each of the calendar years
determined in STEP THREE, the actual percentage increase
(rounded to the nearest one-hundredth percent (0.01%)) in the
assessed value (before the adjustment, if any, under
IC 6-1.1-4-4.5) of the taxable property from the preceding year.
STEP FIVE: Divide the sum of the three (3) quotients computed
in STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the STEP
FIVE percentage.
STEP SEVEN: Determine the quotient of the STEP ONE tax rate
divided by the sum of one (1) plus the STEP SIX percentage
increase.
(c) The department of local government finance shall compute the
maximum rate allowed under subsection (b) and provide the rate to
each school corporation.
SOURCE: IC 6-1.1-18.5-4.5; (07)SE0287.1.54. -->
SECTION 54. IC 6-1.1-18.5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]: Sec. 4.5. The department of local
government finance shall adjust the maximum permissible ad
valorem tax levy of each county and township to reflect any
transfer of duties between assessors under IC 36-2-15-5 or
IC 36-6-5-2.
SOURCE: IC 6-1.1-18.5-9.8; (07)SE0287.1.55. -->
SECTION 55. IC 6-1.1-18.5-9.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007 (RETROACTIVE)]:
Sec. 9.8. (a) For purposes of determining the property tax levy limit
imposed on a city, town, or county under section 3 of this chapter, the
city, town, or county's ad valorem property tax levy for a particular
calendar year does not include an amount equal to the lesser of:
(1) the amount of ad valorem property taxes that would be first
due and payable to the city, town, or county during the ensuing
calendar year if the taxing unit imposed the maximum permissible
property tax rate per one hundred dollars ($100) of assessed
valuation that the civil taxing unit may impose for the particular
calendar year under the authority of IC 36-9-14.5 (in the case of
a county) or IC 36-9-15.5 (in the case of a city or town); or
(2) the excess, if any, of:
(A) the property taxes imposed by the city, town, or county
under the authority of:
IC 3-11-6-9;
IC 8-16-3;
IC 8-16-3.1;
IC 8-22-3-25;
IC 14-27-6-48;
IC 14-33-9-3;
IC 16-22-8-41;
IC 16-22-5-2 through IC 16-22-5-15;
IC 16-23-1-40;
IC 36-8-14;
IC 36-9-4-48;
IC 36-9-14;
IC 36-9-14.5;
IC 36-9-15;
IC 36-9-15.5;
IC 36-9-16;
IC 36-9-16.5;
IC 36-9-17;
IC 36-9-26;
IC 36-9-27-100;
IC 36-10-3-21; or
IC 36-10-4-36;
that are first due and payable during the ensuing calendar year;
over
(B) the property taxes imposed by the city, town, or county
under the authority of the citations listed in clause (A) that
were first due and payable during calendar year 1984.
(b) The maximum property tax rate levied under the statutes listed
in subsection (a) must be adjusted each
time year to account for the
change in assessed value of real property that results from:
(1) an annual adjustment of the assessed value of real
property under IC 6-1.1-4-4.5; or
(2) a general reassessment of
real property
takes effect. under
IC 6-1.1-4-4.
(c) The new maximum rate under a statute listed in subsection (a)
is the tax rate determined under STEP SEVEN of the following
formula:
STEP ONE: Determine the maximum rate for the political
subdivision levying a property tax under the statute for the year
preceding the year in which the
annual adjustment or general
reassessment takes effect.
STEP TWO: Determine the actual percentage increase (rounded
to the nearest one-hundredth percent (0.01%)) in the assessed
value
(before the adjustment, if any, under IC 6-1.1-4-4.5) of
the taxable property from the year preceding the year the
annual
adjustment or general reassessment takes effect to the year that
the
annual adjustment or general reassessment is effective.
STEP THREE: Determine the three (3) calendar years that
immediately precede the ensuing calendar year and in which a
statewide general reassessment of real property does not first
become effective.
STEP FOUR: Compute separately, for each of the calendar years
determined in STEP THREE, the actual percentage increase
(rounded to the nearest one-hundredth percent (0.01%)) in the
assessed value
(before the adjustment, if any, under
IC 6-1.1-4-4.5) of the taxable property from the preceding year.
STEP FIVE: Divide the sum of the three (3) quotients computed
in STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the STEP
FIVE percentage.
STEP SEVEN: Determine the quotient of the STEP ONE tax rate
divided by the sum of one (1) plus the STEP SIX percentage
increase.
(d) The department of local government finance shall compute the
maximum rate allowed under subsection (c) and provide the rate to
each political subdivision with authority to levy a tax under a statute
listed in subsection (a).
SOURCE: IC 6-1.1-18.5-12; (07)SE0287.1.56. -->
SECTION 56. IC 6-1.1-18.5-12, AS AMENDED BY P.L.67-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12. (a) Any civil taxing unit that determines that
it cannot carry out its governmental functions for an ensuing calendar
year under the levy limitations imposed by section 3 of this chapter
may:
(1) before September 20 of the calendar year immediately
preceding the ensuing calendar year; or
(2) in the case of a request described in section 16 of this chapter,
before
(A) December 31 of the calendar year immediately preceding
the ensuing calendar year; or
(B) with the approval of the county fiscal body of the county
in which the civil taxing unit is located, March 1 of the
ensuing calendar year;
appeal to the department of local government finance for relief from
those levy limitations. In the appeal the civil taxing unit must state that
it will be unable to carry out the governmental functions committed to
it by law unless it is given the authority that it is petitioning for. The
civil taxing unit must support these allegations by reasonably detailed
statements of fact.
(b) The department of local government finance shall promptly
deliver to the local government tax control board every appeal petition
it receives under subsection (a) and any materials it receives relevant
to those appeals. Upon receipt of an appeal petition, the local
government tax control board shall immediately proceed to the
examination and consideration of the merits of the civil taxing unit's
appeal.
(c) In considering an appeal, the local government tax control board
has the power to conduct hearings, require any officer or member of the
appealing civil taxing unit to appear before it, or require any officer or
member of the appealing civil taxing unit to provide the board with any
relevant records or books.
(d) If an officer or member:
(1) fails to appear at a hearing of the local government tax control
board after having been given written notice from the local
government tax control board requiring that person's attendance;
or
(2) fails to produce for the local government tax control board's
use the books and records that the local government tax control
board by written notice required the officer or member to
produce;
then the local government tax control board may file an affidavit in the
circuit court in the jurisdiction in which the officer or member may be
found setting forth the facts of the failure.
(e) Upon the filing of an affidavit under subsection (d), the circuit
court shall promptly issue a summons, and the sheriff of the county
within which the circuit court is sitting shall serve the summons. The
summons must command the officer or member to appear before the
local government tax control board, to provide information to the local
government tax control board, or to produce books and records for the
local government tax control board's use, as the case may be.
Disobedience of the summons constitutes, and is punishable as, a
contempt of the circuit court that issued the summons.
(f) All expenses incident to the filing of an affidavit under
subsection (d) and the issuance and service of a summons shall be
charged to the officer or member against whom the summons is issued,
unless the circuit court finds that the officer or member was acting in
good faith and with reasonable cause. If the circuit court finds that the
officer or member was acting in good faith and with reasonable cause
or if an affidavit is filed and no summons is issued, the expenses shall
be charged against the county in which the affidavit was filed and shall
be allowed by the proper fiscal officers of that county.
(g) The fiscal officer of a civil taxing unit that appeals under section
16 of this chapter for relief from levy limitations shall immediately file
a copy of the appeal petition with the county auditor and the county
treasurer of the county in which the unit is located.
SOURCE: IC 6-1.1-18.5-17; (07)SE0287.1.57. -->
SECTION 57. IC 6-1.1-18.5-17, AS AMENDED BY P.L.154-2006,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 17. (a) As used in this section, "levy excess"
means the part of the ad valorem property tax levy actually collected by
a civil taxing unit, for taxes first due and payable during a particular
calendar year, that exceeds the civil taxing unit's ad valorem property
tax levy, as approved by the department of local government finance
under IC 6-1.1-17. The term does not include delinquent ad valorem
property taxes collected during a particular year that were assessed for
an assessment date that precedes the assessment date for the current
year in which the ad valorem property taxes are collected.
(b) A civil taxing unit's levy excess is valid and may not be
contested on the grounds that it exceeds the civil taxing unit's levy limit
for the applicable calendar year. However, the civil taxing unit shall
deposit, except as provided in
subsection subsections (h)
and (i), its
levy excess in a special fund to be known as the civil taxing unit's levy
excess fund.
(c) The chief fiscal officer of a civil taxing unit may invest money
in the civil taxing unit's levy excess fund in the same manner in which
money in the civil taxing unit's general fund may be invested. However,
any income derived from investment of the money shall be deposited
in and becomes a part of the levy excess fund.
(d) The department of local government finance shall require a civil
taxing unit to include the amount in its levy excess fund in the civil
taxing unit's budget fixed under IC 6-1.1-17.
(e) Except as provided by subsection (f), a civil taxing unit may not
spend any money in its levy excess fund until the expenditure of the
money has been included in a budget that has been approved by the
department of local government finance under IC 6-1.1-17. For
purposes of fixing its budget and for purposes of the ad valorem
property tax levy limits imposed under this chapter, a civil taxing unit
shall treat the money in its levy excess fund that the department of local
government finance permits it to spend during a particular calendar
year as part of its ad valorem property tax levy for that same calendar
year.
(f) A civil taxing unit may transfer money from its levy excess fund
to its other funds to reimburse those funds for amounts withheld from
the civil taxing unit as a result of refunds paid under IC 6-1.1-26.
(g) Subject to the limitations imposed by this section, a civil taxing
unit may use money in its levy excess fund for any lawful purpose for
which money in any of its other funds may be used.
(h) If the amount that would, notwithstanding this subsection, be
deposited in the levy excess fund of a civil taxing unit for a particular
calendar year is less than one hundred dollars ($100), no money shall
be deposited in the levy excess fund of the unit for that year.
(i) This subsection applies only to a civil taxing unit that:
(1) has a levy excess for a particular calendar year;
(2) in the preceding calendar year experienced a shortfall in
property tax collections below the civil taxing unit's property
tax levy approved by the department of local government
finance under IC 6-1.1-17; and
(3) did not receive permission from the local government tax
control board to impose, because of the shortfall in property
tax collections in the preceding calendar year, a property tax
levy that exceeds the limits imposed by section 3 of this
chapter.
The amount that a civil taxing unit subject to this subsection must
transfer to the civil taxing unit's levy excess fund in the calendar
year in which the excess is collected shall be reduced by the amount
of the civil taxing unit's shortfall in property tax collections in the
preceding calendar year (but the reduction may not exceed the
amount of the civil taxing unit's levy excess).
SOURCE: IC 6-1.1-20-1.8; (07)SE0287.1.58. -->
SECTION 58. IC 6-1.1-20-1.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1.8. As used in this chapter,
"county voter registration office" means the following:
(1) A board of registration established under IC 3-7-12 or by
a county executive acting under IC 3-7-12.
(2) A board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(3) The office of the circuit court clerk of a county in which a
board has not been established as described in subdivision (1)
or (2).
SOURCE: IC 6-1.1-20-1.9; (07)SE0287.1.59. -->
SECTION 59. IC 6-1.1-20-1.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1.9. As used in this chapter,
"registered voter" means the following:
(1) In the case of a petition under section 3.1 of this chapter to
initiate a petition and remonstrance process, an individual
who is registered to vote in the political subdivision on the
date the proper officers of the political subdivision publish
notice under section 3.1(2) of this chapter of a preliminary
determination by the political subdivision to issue bonds or
enter into a lease.
(2) In the case of:
(A) a petition under section 3.2 of this chapter in favor of
the proposed debt service or lease payments; or
(B) a remonstrance under section 3.2 of this chapter
against the proposed debt service or lease payments;
an individual who is registered to vote in the political
subdivision on the date that is thirty (30) days after the notice
of the applicability of the petition and remonstrance process
is published under section 3.2(1) of this chapter.
SOURCE: IC 6-1.1-20-3.1; (07)SE0287.1.60. -->
SECTION 60. IC 6-1.1-20-3.1, AS AMENDED BY P.L.2-2006,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.1. A political subdivision may not impose
property taxes to pay debt service or lease rentals without completing
the following procedures:
(1) The proper officers of a political subdivision shall:
(A) publish notice in accordance with IC 5-3-1; and
(B) send notice by first class mail to any organization that
delivers to the officers, before January 1 of that year, an annual
written request for such notices;
of any meeting to consider adoption of a resolution or an
ordinance making a preliminary determination to issue bonds or
enter into a lease and shall conduct a public hearing on a
preliminary determination before adoption of the resolution or
ordinance.
(2) When the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease, the
officers shall give notice of the preliminary determination by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the organizations described in
subdivision (1)(B).
(3) A notice under subdivision (2) of the preliminary
determination of the political subdivision to issue bonds or enter
into a lease must include the following information:
(A) The maximum term of the bonds or lease.
(B) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(C) The estimated interest rates that will be paid and the total
interest costs associated with the bonds or lease.
(D) The purpose of the bonds or lease.
(E) A statement that any owners of real property within the
political subdivision or registered voters residing within the
political subdivision who want to initiate a petition and
remonstrance process against the proposed debt service or
lease payments must file a petition that complies with
subdivisions (4) and (5) not later than thirty (30) days after
publication in accordance with IC 5-3-1.
(F) With respect to bonds issued or a lease entered into to
open:
(i) a new school facility; or
(ii) an existing facility that has not been used for at least
three (3) years and that is being reopened to provide
additional classroom space;
the estimated costs the school corporation expects to incur
annually to operate the facility.
(G) A statement of whether the school corporation expects to
appeal for a new facility adjustment (as defined in
IC 20-45-1-16) for an increased maximum permissible tuition
support levy to pay the estimated costs described in clause (F).
(4) After notice is given, a petition requesting the application of
a petition and remonstrance process may be filed by the lesser of:
(A) one hundred (100) persons who are either owners of real
property within the political subdivision or registered
voters residing within the political subdivision; or
(B) five percent (5%) of the owners of real property registered
voters residing within the political subdivision.
(5) The state board of accounts shall design and, upon request by
the county auditor, voter registration office, deliver to the county
auditor voter registration office or the county auditor's voter
registration office's designated printer the petition forms to be
used solely in the petition process described in this section. The
county auditor voter registration office shall issue to an owner
or owners of real property within the political subdivision or a
registered voter residing within the political subdivision the
number of petition forms requested by the owner or owners or the
registered voter. Each form must be accompanied by instructions
detailing the requirements that:
(A) the carrier and signers must be owners of real property or
registered voters;
(B) the carrier must be a signatory on at least one (1) petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature; and
(D) govern the closing date for the petition period.
Persons requesting forms may not be required to identify
themselves as owners of real property or registered voters and
may be allowed to pick up additional copies to distribute to other
property owners or registered voters. Each person signing a
petition must indicate whether the person is signing the
petition as a registered voter within the political subdivision
or is signing the petition as the owner of real property within
the political subdivision. A person who signs a petition as a
registered voter must indicate the address at which the person
is registered to vote. A person who signs a petition as a real
property owner must indicate the address of the real property
owned by the person in the political subdivision.
(6) Each petition must be verified under oath by at least one (1)
qualified petitioner in a manner prescribed by the state board of
accounts before the petition is filed with the county auditor voter
registration office under subdivision (7).
(7) Each petition must be filed with the county auditor voter
registration office not more than thirty (30) days after
publication under subdivision (2) of the notice of the preliminary
determination.
(8) The county voter registration office shall determine
whether each person who signed the petition is a registered
voter. The county voter registration office shall not more than
fifteen (15) business days after receiving a petition forward a
copy of the petition to the county auditor. Not more than ten
(10) business days after receiving the copy of the petition, the
county auditor shall provide to the county voter registration
office a statement verifying:
(A) whether a person who signed the petition as a
registered voter but is not a registered voter, as
determined by the county voter registration office, is the
owner of real property in the political subdivision; and
(B) whether a person who signed the petition as an owner
of real property within the political subdivision does in fact
own real property within the political subdivision.
(9) The county voter registration office shall not more than
ten (10) business days after receiving the statement from the
county auditor under subdivision (8) make the final
determination of the number of petitioners that are registered
voters in the political subdivision and, based on the statement
provided by the county auditor, the number of petitioners that
own real property within the political subdivision. Whenever
the name of an individual who signs a petition form as a
registered voter contains a minor variation from the name of
the registered voter as set forth in the records of the county
voter registration office, the signature is presumed to be valid,
and there is a presumption that the individual is entitled to
sign the petition under this section. Except as otherwise
provided in this chapter, in determining whether an
individual is a registered voter, the county voter registration
office shall apply the requirements and procedures used
under IC 3 to determine whether a person is a registered
voter for purposes of voting in an election governed by IC 3.
However, an individual is not required to comply with the
provisions concerning providing proof of identification to be
considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition only one (1) time in a
particular petition and remonstrance process under this
chapter, regardless of whether the person owns more than one
(1) parcel of real property within the subdivision and
regardless of whether the person is both a registered voter in
the political subdivision and the owner of real property within
the political subdivision. Notwithstanding any other provision
of this section, if a petition is presented to the county voter
registration office within thirty-five (35) days before an
election, the county voter registration office may defer acting
on the petition, and the time requirements under this section
for action by the county voter registration office do not begin
to run until five (5) days after the date of the election.
(8) (10) The county auditor voter registration office must file a
certificate and each petition with:
(A) the township trustee, if the political subdivision is a
township, who shall present the petition or petitions to the
township board; or
(B) the body that has the authority to authorize the issuance of
the bonds or the execution of a lease, if the political
subdivision is not a township;
within fifteen (15) thirty-five (35) business days of the filing of
the petition requesting a petition and remonstrance process. The
certificate must state the number of petitioners that are owners of
real property within the political subdivision and the number
of petitioners who are registered voters residing within the
political subdivision.
If a sufficient petition requesting a petition and remonstrance process
is not filed by owners of real property or registered voters as set forth
in this section, the political subdivision may issue bonds or enter into
a lease by following the provisions of law relating to the bonds to be
issued or lease to be entered into.
SOURCE: IC 6-1.1-20-3.2; (07)SE0287.1.61. -->
SECTION 61. IC 6-1.1-20-3.2, AS AMENDED BY P.L.2-2006,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.2. If a sufficient petition requesting the
application of a petition and remonstrance process has been filed as set
forth in section 3.1 of this chapter, a political subdivision may not
impose property taxes to pay debt service or lease rentals without
completing the following procedures:
(1) The proper officers of the political subdivision shall give
notice of the applicability of the petition and remonstrance
process by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the organizations described in section
3.1(1)(B) of this chapter.
A notice under this subdivision must include a statement that any
owners of real property within the political subdivision or
registered voters residing within the political subdivision who
want to petition in favor of or remonstrate against the proposed
debt service or lease payments must file petitions and
remonstrances in compliance with subdivisions (2) through (4)
not earlier than thirty (30) days or later than sixty (60) days after
publication in accordance with IC 5-3-1.
(2) Not earlier than thirty (30) days or later than sixty (60) days
after the notice under subdivision (1) is given:
(A) petitions (described in subdivision (3)) in favor of the
bonds or lease; and
(B) remonstrances (described in subdivision (3)) against the
bonds or lease;
may be filed by an owner or owners of real property within the
political subdivision or a registered voter residing within the
political subdivision. Each signature on a petition must be dated
and the date of signature may not be before the date on which the
petition and remonstrance forms may be issued under subdivision
(3). A petition described in clause (A) or a remonstrance
described in clause (B) must be verified in compliance with
subdivision (4) before the petition or remonstrance is filed with
the county auditor voter registration office under subdivision
(4).
(3) The state board of accounts shall design and, upon request by
the county auditor, voter registration office, deliver to the county
auditor voter registration office or the county auditor's voter
registration office's designated printer the petition and
remonstrance forms to be used solely in the petition and
remonstrance process described in this section. The county
auditor voter registration office shall issue to an owner or
owners of real property within the political subdivision or a
registered voter residing within the political subdivision the
number of petition or remonstrance forms requested by the owner
or owners or the registered voter. Each form must be
accompanied by instructions detailing the requirements that:
(A) the carrier and signers must be owners of real property or
registered voters;
(B) the carrier must be a signatory on at least one (1) petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature;
(D) govern the closing date for the petition and remonstrance
period; and
(E) apply to the carrier under section 10 of this chapter.
Persons requesting forms may not be required to identify
themselves as owners of real property or registered voters and
may be allowed to pick up additional copies to distribute to other
property owners or registered voters. Each person signing a
petition or remonstrance must indicate whether the person is
signing the petition or remonstrance as a registered voter
within the political subdivision or is signing the petition or
remonstrance as the owner of real property within the
political subdivision. A person who signs a petition or
remonstrance as a registered voter must indicate the address
at which the person is registered to vote. A person who signs
a petition or remonstrance as a real property owner must
indicate the address of the real property owned by the person
in the political subdivision. The county auditor voter
registration office may not issue a petition or remonstrance form
earlier than twenty-nine (29) days after the notice is given under
subdivision (1). The county auditor voter registration office
shall certify the date of issuance on each petition or remonstrance
form that is distributed under this subdivision.
(4) The petitions and remonstrances must be verified in the
manner prescribed by the state board of accounts and filed with
the county auditor voter registration office within the sixty (60)
day period described in subdivision (2) in the manner set forth in
section 3.1 of this chapter relating to requests for a petition and
remonstrance process.
(5) The county voter registration office shall determine
whether each person who signed the petition or remonstrance
is a registered voter. The county voter registration office shall
not more than fifteen (15) business days after receiving a
petition or remonstrance forward a copy of the petition or
remonstrance to the county auditor. Not more than ten (10)
business days after receiving the copy of the petition or
remonstrance, the county auditor shall provide to the county
voter registration office a statement verifying:
(A) whether a person who signed the petition or
remonstrance as a registered voter but is not a registered
voter, as determined by the county voter registration
office, is the owner of real property in the political
subdivision; and
(B) whether a person who signed the petition or
remonstrance as an owner of real property within the
political subdivision does in fact own real property within
the political subdivision.
(6) The county voter registration office shall not more than
ten (10) business days after receiving the statement from the
county auditor under subdivision (5) make the final
determination of:
(A) the number of registered voters in the political
subdivision that signed a petition and, based on the
statement provided by the county auditor, the number of
owners of real property within the political subdivision
that signed a petition; and
(B) the number of registered voters in the political
subdivision that signed a remonstrance and, based on the
statement provided by the county auditor, the number of
owners of real property within the political subdivision
that signed a remonstrance.
Whenever the name of an individual who signs a petition or
remonstrance as a registered voter contains a minor variation
from the name of the registered voter as set forth in the
records of the county voter registration office, the signature
is presumed to be valid, and there is a presumption that the
individual is entitled to sign the petition or remonstrance
under this section. Except as otherwise provided in this
chapter, in determining whether an individual is a registered
voter, the county voter registration office shall apply the
requirements and procedures used under IC 3 to determine
whether a person is a registered voter for purposes of voting
in an election governed by IC 3. However, an individual is not
required to comply with the provisions concerning providing
proof of identification to be considered a registered voter for
purposes of this chapter. A person is entitled to sign a petition
or remonstrance only one (1) time in a particular petition and
remonstrance process under this chapter, regardless of
whether the person owns more than one (1) parcel of real
property within the subdivision and regardless of whether the
person is both a registered voter in the political subdivision
and the owner of real property within the political
subdivision. Notwithstanding any other provision of this
section, if a petition or remonstrance is presented to the
county voter registration office within thirty-five (35) days
before an election, the county voter registration office may
defer acting on the petition or remonstrance, and the time
requirements under this section for action by the county voter
registration office do not begin to run until five (5) days after
the date of the election.
(5) (7) The county auditor voter registration office must file a
certificate and the petition or remonstrance with the body of the
political subdivision charged with issuing bonds or entering into
leases within fifteen (15) thirty-five (35) business days of the
filing of a petition or remonstrance under subdivision (4),
whichever applies, containing ten thousand (10,000) signatures or
less. The county auditor voter registration office may take an
additional five (5) days to review and certify the petition or
remonstrance for each additional five thousand (5,000) signatures
up to a maximum of sixty (60) days. The certificate must state the
number of petitioners and remonstrators that are owners of real
property within the political subdivision and the number of
petitioners who are registered voters residing within the
political subdivision.
(6) (8) If a greater number of persons who are either owners of
real property within the political subdivision or registered
voters residing within the political subdivision sign a
remonstrance than the number that signed a petition, the bonds
petitioned for may not be issued or the lease petitioned for may
not be entered into. The proper officers of the political
subdivision may not make a preliminary determination to issue
bonds or enter into a lease for the controlled project defeated by
the petition and remonstrance process under this section or any
other controlled project that is not substantially different within
one (1) year after the date of the county auditor's voter
registration office's certificate under subdivision (5). (7).
Withdrawal of a petition carries the same consequences as a
defeat of the petition.
(7) (9) After a political subdivision has gone through the petition
and remonstrance process set forth in this section, the political
subdivision is not required to follow any other remonstrance or
objection procedures under any other law (including section 5 of
this chapter) relating to bonds or leases designed to protect
owners of real property within the political subdivision from the
imposition of property taxes to pay debt service or lease rentals.
However, the political subdivision must still receive the approval
of the department of local government finance required by:
(A) IC 6-1.1-18.5-8; or
(B) IC 20-46-7-8, IC 20-46-7-9, and IC 20-46-7-10.
SOURCE: IC 6-1.1-21-4; (07)SE0287.1.62. -->
SECTION 62. IC 6-1.1-21-4, AS AMENDED BY P.L.228-2005,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: 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 (g) and subject to subsection
(h), the department shall not distribute under subsection (b) and section
10 of this chapter a percentage, determined by the department, of the
money that would otherwise be distributed to the county under
subsection (b) and section 10 of this chapter 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;
(2) by the deadline under IC 36-2-9-20, the county auditor has not
transmitted data as required under that section;
(3) the county assessor has not forwarded to the department of
local government finance the duplicate copies of all approved
exemption applications required to be forwarded by that date
under IC 6-1.1-11-8(a);
(4) the county assessor has not forwarded to the department of
local government finance in a timely manner sales disclosure
forms form data under IC 6-1.1-5.5-3(b); IC 6-1.1-5.5-3(h);
(5) local assessing officials have not provided information to the
department of local government finance in a timely manner under
IC 4-10-13-5(b);
(6) the county auditor has not paid a bill for services under
IC 6-1.1-4-31.5 to the department of local government finance in
a timely manner;
(7) 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);
(8) the county has not established a parcel index numbering
system under 50 IAC 12-15-1 in a timely manner; or
(9) a township or county official has not provided other
information to the department of local government finance in a
timely manner as required by the department.
(f) Except as provided in subsection (i), money not distributed for
the reasons stated in subsection (e) shall be distributed to the county
when the department of local government finance determines that the
failure to:
(1) provide information; or
(2) pay a bill for services;
has been corrected.
(g) The restrictions on distributions under subsection (e) do not
apply if the department of local government finance determines that the
failure to:
(1) provide information; or
(2) pay a bill for services;
in a timely manner is justified by unusual circumstances.
(h) The department shall give the county auditor at least thirty (30)
days notice in writing before withholding a distribution under
subsection (e).
(i) Money not distributed for the reason stated in subsection (e)(6)
may be deposited in the fund established by IC 6-1.1-5.5-4.7(a). Money
deposited under this subsection is not subject to distribution under
subsection (f).
SOURCE: IC 6-1.1-21-5; (07)SE0287.1.63. -->
SECTION 63. IC 6-1.1-21-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 5. (a) Each year
the taxpayers of each county shall receive a credit for property tax
replacement in the amount of each taxpayer's property tax replacement
credit amount for taxes which:
(1) under IC 6-1.1-22-9 are due and payable in May and
November of that year; or
(2) under IC 6-1.1-22-9.5 are due in installments established by
the department of local government finance for that year.
The credit shall be applied to each installment of taxes. The dollar
amount of the credit for each taxpayer shall be determined by the
county auditor, based on data furnished by the department of local
government finance.
(b) The tax liability of a taxpayer for the purpose of computing the
credit for a particular year shall be based upon the taxpayer's tax
liability as is evidenced by the tax duplicate for the taxes payable in
that year, plus the amount by which the tax payable by the taxpayer had
been reduced due to the application of county adjusted gross income
tax revenues to the extent the county adjusted gross income tax
revenues were included in the determination of the total county tax levy
for that year, as provided in sections 2(g) and 3 of this chapter,
adjusted, however, for any change in assessed valuation which may
have been made pursuant to a post-abstract adjustment if the change is
set forth on the tax statement or on a corrected tax statement stating the
taxpayer's tax liability, as prepared by the county treasurer in
accordance with IC 6-1.1-22-8(a). However, except when using the
term under section 2(l)(1) of this chapter, the tax liability of a taxpayer
does not include the amount of any property tax owed by the taxpayer
that is attributable to that part of any property tax levy subtracted under
section 2(g)(1)(B), 2(g)(1)(C), 2(g)(1)(D), 2(g)(1)(E), 2(g)(1)(F),
2(g)(1)(G), 2(g)(1)(H), 2(g)(1)(I), 2(g)(1)(J), or 2(g)(1)(K) of this
chapter in computing the total county tax levy.
(c) The credit for taxes payable in a particular year with respect to
mobile homes which are assessed under IC 6-1.1-7 is equivalent to the
taxpayer's property tax replacement credit amount for the taxes payable
with respect to the assessments plus the adjustments stated in this
section.
(d) Each taxpayer in a taxing district that contains all or part of an
economic development district that meets the requirements of section
5.5 of this chapter is entitled to an additional credit for property tax
replacement. This credit is equal to the product of:
(1) the STEP TWO quotient determined under section 4(a)(3) of
this chapter for the taxing district; multiplied by
(2) the taxpayer's taxes levied in the taxing district that are
allocated to a special fund under IC 6-1.1-39-5.
SOURCE: IC 6-1.1-22-9; (07)SE0287.1.64. -->
SECTION 64. IC 6-1.1-22-9, AS AMENDED BY P.L.67-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 9. (a) Except as provided in subsections (b)
and (c) the property taxes assessed for a year under this article are due
in two (2) equal installments on May 10 and November 10 of the
following year.
(b) Subsection (a) does not apply if any of the following apply to the
property taxes assessed for the year under this article:
(1) Subsection (c).
(2) Subsection (d).
(3) Subsection (h).
(4) Subsection (i).
(3) (5) IC 6-1.1-7-7.
(4) (6) Section 9.5 of this chapter.
(c) A county council may adopt an ordinance to require a person to
pay the person's property tax liability in one (1) installment, if the tax
liability for a particular year is less than twenty-five dollars ($25). If the
county council has adopted such an ordinance, then whenever a tax
statement mailed under section 8 of this chapter shows that the person's
property tax liability for a year is less than twenty-five dollars ($25) for
the property covered by that statement, the tax liability for that year is
due in one (1) installment on May 10 of that year.
(d) If the county treasurer receives a copy of an appeal petition
under IC 6-1.1-18.5-12(g) or IC 6-1.1-19-2(g) before the county
treasurer mails or transmits statements under section 8(a) of this
chapter, the county auditor treasurer may:
(1) mail or transmit the statements without regard to the pendency
of the appeal and, if the resolution of the appeal by the department
of local government finance results in changes in levies, mail or
transmit reconciling statements under subsection (e); or
(2) delay the mailing or transmission of statements under section
8(a) of this chapter so that:
(A) the due date of the first installment that would otherwise
be due under subsection (a) is delayed by not more than sixty
(60) days; and
(B) all statements reflect any changes in levies that result from
the resolution of the appeal by the department of local
government finance.
(e) A reconciling statement under subsection (d)(1) must indicate:
(1) the total amount due for the year;
(2) the total amount of the installments paid that did not reflect
the resolution of the appeal under IC 6-1.1-18.5-12(g) or
IC 6-1.1-19-2(g) by the department of local government finance;
(3) if the amount under subdivision (1) exceeds the amount under
subdivision (2), the adjusted amount that is payable by the
taxpayer:
(A) as a final reconciliation of all amounts due for the year;
and
(B) not later than:
(i) November 10; or
(ii) the date or dates established under section 9.5 of this
chapter; and
(4) if the amount under subdivision (2) exceeds the amount under
subdivision (1), that the taxpayer may claim a refund of the excess
under IC 6-1.1-26.
(f) If property taxes are not paid on or before the due date, the
penalties prescribed in IC 6-1.1-37-10 shall be added to the delinquent
taxes.
(g) Notwithstanding any other law, a property tax liability of less
than five dollars ($5) is increased to five dollars ($5). The difference
between the actual liability and the five dollar ($5) amount that appears
on the statement is a statement processing charge. The statement
processing charge is considered a part of the tax liability.
(h) If in a county the notices of general reassessment under
IC 6-1.1-4-4 or notices of assessment under IC 6-1.1-4-4.5 for an
assessment date in a calendar year are given to the taxpayers in the
county after March 26 of the immediately succeeding calendar
year, the property taxes that would otherwise be due under
subsection (a) on May 10 of the immediately succeeding calendar
year are due on the later of:
(1) May 10 of the immediately succeeding calendar year; or
(2) forty-five (45) days after the notices are given to taxpayers
in the county.
(i) If subsection (h) applies, the property taxes that would
otherwise be due under subsection (a) on November 10 of the
immediately succeeding calendar year referred to in subsection (h)
are due on the later of:
(1) November 10 of the immediately succeeding calendar
year; or
(2) a date determined by the county treasurer that is not later
than December 31 of the immediately succeeding calendar
year.
SOURCE: IC 6-1.1-22.5-8; (07)SE0287.1.65. -->
SECTION 65. IC 6-1.1-22.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 8. A provisional
statement must:
(1) be on a form approved by the state board of accounts;
(2) except as provided in emergency rules adopted under section
20 of this chapter, indicate tax liability in the amount of ninety
percent (90%) of the tax liability that was payable in the same
year as the assessment date for the property for which the
provisional statement is issued;
(3) indicate:
(A) that the tax liability under the provisional statement is
determined as described in subdivision (2); and
(B) that property taxes billed on the provisional statement:
(i) are due and payable in the same manner as property taxes
billed on a tax statement under IC 6-1.1-22-8; and
(ii) will be credited against a reconciling statement;
(4) include a statement in the following or a substantially similar
form, as determined by the department of local government
finance:
"Under Indiana law, ________ County (insert county) has elected
to send provisional statements because the county did not
complete the abstract of the property, assessments, taxes,
deductions, and exemptions for taxes payable in (insert year) in
each taxing district before March 16, (insert year). The statement
is due to be paid in installments on May 10 __________ (insert
date) and November 10. _________ (insert date). The statement
is based on ninety percent (90%) of your tax liability for taxes
payable in (insert year), subject to adjustment for any new
construction on your property or any damage to your property.
After the abstract of property is complete, you will receive a
reconciling statement in the amount of your actual tax liability for
taxes payable in (insert year), minus the amount you pay under
this provisional statement.";
(5) indicate liability for:
(A) delinquent:
(i) taxes; and
(ii) special assessments;
(B) penalties; and
(C) interest;
is allowed to appear on the tax statement under IC 6-1.1-22-8 for
the May first installment of property taxes in the year in which
the provisional tax statement is issued; and
(6) include any other information the county treasurer requires.
SOURCE: IC 6-1.1-22.5-9; (07)SE0287.1.66. -->
SECTION 66. IC 6-1.1-22.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 9.
(a) Except as
provided in subsection (b), subsection (c), and section 12 of this
chapter, property taxes billed on a provisional statement are due in two
(2) equal installments on May 10 and November 10 of the year
following the assessment date covered by the provisional statement.
(b) If in a county the notices of general reassessment under
IC 6-1.1-4-4 or notices of assessment under IC 6-1.1-4-4.5 for an
assessment date in a calendar year are given to the taxpayers in the
county after March 26 of the immediately succeeding calendar
year, the property taxes that would otherwise be due under
subsection (a) on May 10 of the immediately succeeding calendar
year are due on the later of:
(1) May 10 of the immediately succeeding calendar year; or
(2) forty-five (45) days after the mailing or transmittal of
provisional statements.
(c) If subsection (b) applies, the property taxes that would
otherwise be due under subsection (a) on November 10 of the
immediately succeeding calendar year referred to in subsection (b)
are due on the later of:
(1) November 10 of the immediately succeeding calendar
year; or
(2) a date determined by the county treasurer that is not later
than December 31 of the immediately succeeding calendar
year.
SOURCE: IC 6-1.1-22.5-12; (07)SE0287.1.67. -->
SECTION 67. IC 6-1.1-22.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 12. (a) Except as
provided by subsection (c), each reconciling statement must indicate:
(1) the actual property tax liability under this article on the
assessment determined for the assessment date for the property
for which the reconciling statement is issued;
(2) the total amount paid under the provisional statement for the
property for which the reconciling statement is issued;
(3) if the amount under subdivision (1) exceeds the amount under
subdivision (2), that the excess is payable by the taxpayer:
(A) as a final reconciliation of the tax liability; and
(B) not later than:
(i) thirty (30) days after the date of the reconciling
statement; or
(ii) if the county treasurer requests in writing that the
commissioner designate a later date, the date designated by
the commissioner; and
(4) if the amount under subdivision (2) exceeds the amount under
subdivision (1), that the taxpayer may claim a refund of the excess
under IC 6-1.1-26.
(b) If, upon receipt of the abstract referred to in section 6 of this
chapter, the county treasurer determines that it is possible to complete
the:
(1) preparation; and
(2) mailing or transmittal;
of the reconciling statement at least thirty (30) days before the due date
of the November second installment specified in the provisional
statement, the county treasurer may request in writing that the
department of local government finance permit the county treasurer to
issue a reconciling statement that adjusts the amount of the November
second installment that was specified in the provisional statement. If
the department approves the county treasurer's request, the county
treasurer shall prepare and mail or transmit the reconciling statement
at least thirty (30) days before the due date of the November second
installment specified in the provisional statement.
(c) A reconciling statement prepared under subsection (b) must
indicate:
(1) the actual property tax liability under this article on the
assessment determined for the assessment date for the property
for which the reconciling statement is issued;
(2) the total amount of the May first installment paid under the
provisional statement for the property for which the reconciling
statement is issued;
(3) if the amount under subdivision (1) exceeds the amount under
subdivision (2), the adjusted amount of the November second
installment that is payable by the taxpayer:
(A) as a final reconciliation of the tax liability; and
(B) not later than:
(i) November 10; or
(ii) if the county treasurer requests in writing that the
commissioner designate a later date, the date designated by
the commissioner; and
(4) if the amount under subdivision (2) exceeds the amount under
subdivision (1), that the taxpayer may claim a refund of the excess
under IC 6-1.1-26.
SOURCE: IC 6-1.1-22.5-18; (07)SE0287.1.68. -->
SECTION 68. IC 6-1.1-22.5-18 IS AMENDED TO READ AS
FOLLOWS FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 18.
For purposes of IC 6-1.1-24-1(a)(1):
(1) the May first installment on a provisional statement is
considered to be the taxpayer's spring installment of property
taxes;
(2) except as provided in subdivision (3), payment on a
reconciling statement is considered to be due before the due date
of the May first installment of property taxes payable in the
following year; and
(3) payment on a reconciling statement described in section 12(b)
of this chapter is considered to be the taxpayer's fall installment
of property taxes.
SOURCE: IC 6-1.1-26-2; (07)SE0287.1.69. -->
SECTION 69. IC 6-1.1-26-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The county
auditor shall forward a claim for refund filed under section 1 of this
chapter to the department of local government finance for review by
the department if:
(1) the claim is for the refund of taxes paid on an assessment
made or determined by the state board of tax commissioners
(before the board was abolished) or the department of local
government finance; and
(2) the claim is based upon the grounds specified in section
1(4)(B) or 1(4)(C) of this chapter.
(b) The department of local government finance shall review each
refund claim forwarded to it under this section. The department shall
certify its approval or disapproval on the claim and shall return the
claim to the county auditor.
(c) Before the department of local government finance disapproves
a refund claim that is forwarded to it under this section, the department
shall notify the claimant of its intention to disapprove the claim and of
the time and place fixed for a hearing on the claim. The department
shall hold the hearing within thirty (30) days after the date of the
notice. The claimant has a right to be heard at the hearing. After the
hearing, the department shall give the claimant notice of the
department's final determination on the claim.
(d) If a person desires to initiate an appeal of the final determination
of the department of local government finance to disapprove a claim
under subsection (c), the person shall file a petition for review with the
appropriate county assessor not more than forty-five (45) days after the
department gives the person notice of the final determination.
(e) If a person desires to initiate a proceeding for judicial review of
the Indiana board's final determination under subsection (d), the person
must petition for judicial review under IC 4-21.5-5 IC 6-1.1-15-5 not
more than forty-five (45) days after the Indiana board gives the person
notice of the final determination.
SOURCE: IC 6-1.1-26-3; (07)SE0287.1.70. -->
SECTION 70. IC 6-1.1-26-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) A refund claim
which is filed under section 1 of this chapter and which is not subject
to review by the department of local government finance under section
2 of this chapter shall be either approved or disapproved by the county
auditor, the county treasurer, and the county assessor.
(b) If the claim for refund is disapproved by either the county
auditor, the county treasurer, or the county assessor, the claimant may
appeal that decision to the Indiana board. The claimant must initiate the
appeal and the Indiana board shall hear the appeal in the same manner
that assessment appeals are heard by the Indiana board.
(c) If a person desires to initiate a proceeding for judicial review of
the Indiana board's final determination under this section, the person
must petition for judicial review under IC 4-21.5-5 IC 6-1.1-15-5 not
more than forty-five (45) days after the Indiana board gives the person
notice of the final determination.
SOURCE: IC 6-1.1-26-4; (07)SE0287.1.71. -->
SECTION 71. IC 6-1.1-26-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) A county auditor
shall submit a refund claim filed under section 1 of this chapter to the
county board of commissioners for final review after the appropriate
county officials either approve or disapprove the claim and, if the claim
is disapproved, an appeal to the Indiana board is not initiated under
section 3 of this chapter.
(b) The county board of commissioners shall disallow a refund
claim if it was disapproved by one (1) of the appropriate county
officials and an appeal to the Indiana board was not initiated under
section 3 of this chapter.
(c) Except as provided in subsection (b) of this section, the county
board of commissioners may either allow or disallow a refund claim
which is submitted to it for final review. If the county board disallows
a claim, the claimant may appeal that decision to the Indiana board.
(d) The Indiana board shall hear an appeal under subsection (c) in
the same manner that assessment appeals are heard.
(e) If a person desires to initiate a proceeding for judicial review of
the Indiana board's final determination under this section, the person
must petition for judicial review under IC 4-21.5-5 IC 6-1.1-15-5 not
more than forty-five (45) days after the Indiana board gives the person
notice of the final determination.
SOURCE: IC 6-1.1-28-1; (07)SE0287.1.72. -->
SECTION 72. IC 6-1.1-28-1, AS AMENDED BY P.L.228-2005,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. (a) Each county shall have a county property
tax assessment board of appeals composed of individuals who are at
least eighteen (18) years of age and knowledgeable in the valuation of
property. In addition to the county assessor, only one (1) other
individual who is an officer or employee of a county or township may
serve on the board of appeals in the county in which the individual is
an officer or employee. Subject to subsections (d) and (e), the fiscal
body of the county shall appoint two (2) individuals to the board. At
least one (1) of the members appointed by the county fiscal body must
be a certified level two or level three assessor-appraiser. Subject to
subsections (d) and (e), the board of commissioners of the county shall
appoint two (2) freehold members so that not more than three (3) of the
five (5) members may be of the same political party and so that at least
three (3) of the five (5) members are residents of the county. At least
one (1) of the members appointed by the board of county
commissioners must be a certified level two or level three
assessor-appraiser. If the county assessor is a certified level two or
level three assessor-appraiser, the board of county commissioners may
waive the requirement in this subsection that one (1) of the freehold
members appointed by the board of county commissioners must be a
certified level two or level three assessor-appraiser. A person
appointed to a property tax assessment board of appeals may serve on
the property tax assessment board of appeals of another county at the
same time. The members of the board shall elect a president. The
employees of the county assessor shall provide administrative support
to the property tax assessment board of appeals. The county assessor
is a voting member of the property tax assessment board of appeals.
The county assessor shall serve as secretary of the board. The secretary
shall keep full and accurate minutes of the proceedings of the board. A
majority of the board that includes at least one (1) certified level two
or level three assessor-appraiser constitutes a quorum for the
transaction of business. Any question properly before the board may be
decided by the agreement of a majority of the whole board.
(b) The county assessor, county fiscal body, and board of county
commissioners may agree to waive the requirement in subsection (a)
that not more than three (3) of the five (5) members of the county
property tax assessment board of appeals may be of the same political
party if it is necessary to waive the requirement due to the absence of
certified level two or level three Indiana assessor-appraisers:
(1) who are willing to serve on the board; and
(2) whose political party membership status would satisfy the
requirement in subsection (c)(1).
(c) If the board of county commissioners is not able to identify at
least two (2) prospective freehold members of the county property tax
assessment board of appeals who are:
(1) residents of the county;
(2) certified level two
or level three Indiana assessor-appraisers;
and
(3) willing to serve on the county property tax assessment board
of appeals;
it is not necessary that at least three (3) of the five (5) members of the
county property tax assessment board of appeals be residents of the
county.
(d) Except as provided in subsection (e), the term of a member of
the county property tax assessment board of appeals appointed under
subsection (a):
(1) is one (1) year; and
(2) begins January 1.
(e) If:
(1) the term of a member of the county property tax assessment
board of appeals appointed under subsection (a) expires;
(2) the member is not reappointed; and
(3) a successor is not appointed;
the term of the member continues until a successor is appointed.
SOURCE: IC 6-1.1-28-10; (07)SE0287.1.73. -->
SECTION 73. IC 6-1.1-28-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. (a) Subject to the
limitations contained in subsection (b), a county on behalf of the
property tax assessment board of appeals may employ and fix the
compensation of as many field representatives and hearing examiners
as are necessary to promptly and efficiently perform the duties and
functions of the board. A person employed under this subsection must
be a person who is certified in Indiana as a level two or level three
assessor-appraiser by the department of local government finance.
(b) The number and compensation of all persons employed under
this section are subject to the appropriations made for that purpose by
the county council.
SOURCE: IC 6-1.1-30-14; (07)SE0287.1.74. -->
SECTION 74. IC 6-1.1-30-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. (a) The department
of local government finance:
(1) shall see that the property taxes due this state are collected;
(2) shall see that the penalties prescribed under this article are
enforced;
(3) shall investigate the property tax laws and systems of other
states and countries; and
(4) for assessment dates after December 31, 2008, shall
conduct all ratio studies required for:
(A) equalization under 50 IAC 14; and
(B) annual adjustments under 50 IAC 21; and
(4) (5) may recommend changes in this state's property tax laws
to the general assembly.
(b) The department of local government finance shall see that
personal property assessments are correctly and completely reported by
annually conducting audits of a sampling of personal property
assessment returns throughout the state. Audits under this subsection
shall be conducted by department personnel.
SOURCE: IC 6-1.1-35.5-1; (07)SE0287.1.75. -->
SECTION 75. IC 6-1.1-35.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. The department of
local government finance shall:
(1) conduct an assessor-appraiser examination and certification
program for level one and level two certifications; and
(2) administer a level three assessor-appraiser certification
program.
The department shall design and implement the program programs in
a manner that maximizes the number of certified assessor-appraisers
involved in the assessment process.
SOURCE: IC 6-1.1-35.5-4.5; (07)SE0287.1.76. -->
SECTION 76. IC 6-1.1-35.5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 4.5. (a) The department of local
government finance shall:
(1) administer a program for level three assessor-appraiser
certifications; and
(2) design a curriculum for level three assessor-appraiser
certification candidates that:
(A) consists of tested courses offered by nationally
recognized assessing organizations; and
(B) requires superior knowledge of assessment
administration and property valuation concepts.
(b) The department of local government finance may adopt
rules under IC 4-22-2 to implement this section.
SOURCE: IC 6-1.1-35.5-5; (07)SE0287.1.77. -->
SECTION 77. IC 6-1.1-35.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. A county or
township assessor, a member or hearing officer of the county property
tax assessment board of appeals, or a member of the public may apply
for and take the level one examination. A person who is successful on
the level one examination may apply for and take the level two
examination. A person who is successful on the level two
examination may apply for level three certification.
SOURCE: IC 6-1.1-35.5-6; (07)SE0287.1.78. -->
SECTION 78. IC 6-1.1-35.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The department
of local government finance shall certify all persons who successfully
perform on an examination complete a certification under this chapter
and shall furnish each successful examinee certification applicant
with a certificate that prominently displays the person's name of the
successful examinee and the fact that the person is a level one, or level
two, or level three certified Indiana assessor-appraiser.
(b) The department of local government finance shall revoke the
certification of an individual if the department reasonably determines
that the individual committed fraud or misrepresentation with respect
to:
(1) the preparation, administration, or taking of the examination
for level one or level two certification; or
(2) completion of the curriculum for level three certification.
The department of local government finance shall give notice and hold
a hearing to consider all of the evidence about the fraud or
misrepresentation before deciding whether to revoke the individual's
certification.
SOURCE: IC 6-1.1-35.5-7; (07)SE0287.1.79. -->
SECTION 79. IC 6-1.1-35.5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) With respect to
level one and level two certifications, the department of local
government finance shall establish a fair and reasonable fee for
examination and certification under this chapter. However, the fee does
not apply to an elected assessing official, a county assessor, a member
of, and hearing officers for, a county property tax assessment board of
appeals, or an employee of an elected assessing official, county
assessor, or county property tax assessment board of appeals who is
taking the level one examination or the level two examination for the
first time.
(b) The assessing official training account is established as an
account within the state general fund. All fees collected by the
department of local government finance shall be deposited in the
account. The account shall be administered by the department of local
government finance and does not revert to the state general fund at the
end of a fiscal year. The department of local government finance may
use money in the account for:
(1) testing and training of assessing officials, county assessors,
members of a county property tax assessment board of appeals,
and employees of assessing officials, county assessors, or the
county property tax assessment board of appeals; and
(2) administration of the level three certification program
under section 4.5 of this chapter.
SOURCE: IC 6-1.1-35.5-8.5; (07)SE0287.1.80. -->
SECTION 80. IC 6-1.1-35.5-8.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8.5.
(a) This section
applies only to level one and level two assessor-appraiser
certifications.
(b) The department of local government finance may adopt rules
under IC 4-22-2 to implement this chapter. The department of local
government finance shall adopt rules to set:
(1) minimum requirements for initial certification after December
31, 2001, under this chapter;
(2) continuing education requirements for the renewal of a
certification after December 31, 2001, under this chapter; and
(3) procedures for renewing a certification issued under this
chapter, including a certification issued before January 1, 1999,
for a person who meets the certification requirements set under
subdivision (2).
The rules must also establish procedures for disciplinary action against
a certificate holder that fails to comply with the statutes or rules
applicable to the certificate holder. The rules adopted under
subdivisions (2) and (3) may not require testing to renew or maintain
a certification under this chapter.
SOURCE: IC 6-1.1-37-9; (07)SE0287.1.81. -->
SECTION 81. IC 6-1.1-37-9, AS AMENDED BY P.L.67-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 9. (a) This section applies when:
(1) an assessment is made or increased after the date or dates on
which the taxes for the year for which the assessment is made
were originally due;
(2) the assessment upon which a taxpayer has been paying taxes
under IC 6-1.1-15-10(a)(1) or IC 6-1.1-15-10(a)(2) while a
petition for review or a judicial proceeding has been pending is
less than the assessment that results from the final determination
of the petition for review or judicial proceeding; or
(3) the collection of certain ad valorem property taxes has been
stayed enjoined under
IC 4-21.5-5-9, IC 33-26-6-2, and under the
final determination of the petition for judicial review the taxpayer
is liable for at least part of those taxes.
(b) Except as provided in subsections (c) and (g), a taxpayer shall
pay interest on the taxes the taxpayer is required to pay as a result of an
action or a determination described in subsection (a) at the rate of ten
percent (10%) per year from the original due date or dates for those
taxes to:
(1) the date of payment; or
(2) the date on which penalties for the late payment of a tax
installment may be charged under subsection (e) or (f);
whichever occurs first.
(c) Except as provided in subsection (g), a taxpayer shall pay
interest on the taxes the taxpayer is ultimately required to pay in excess
of the amount that the taxpayer is required to pay under
IC 6-1.1-15-10(a)(1) while a petition for review or a judicial
proceeding has been pending at the overpayment rate established under
Section 6621(c)(1) of the Internal Revenue Code in effect on the
original due date or dates for those taxes from the original due date or
dates for those taxes to:
(1) the date of payment; or
(2) the date on which penalties for the late payment of a tax
installment may be charged under subsection (e) or (f);
whichever occurs first.
(d) With respect to an action or determination described in
subsection (a), the taxpayer shall pay the taxes resulting from that
action or determination and the interest prescribed under subsection (b)
or (c) on or before:
(1) the next May 10; or
(2) the next November 10;
whichever occurs first.
(e) A taxpayer shall, to the extent that the penalty is not waived
under section 10.5 or 10.7 of this chapter, begin paying the penalty
prescribed in section 10 of this chapter on the day after the date for
payment prescribed in subsection (d) if:
(1) the taxpayer has not paid the amount of taxes resulting from
the action or determination; and
(2) the taxpayer either:
(A) received notice of the taxes the taxpayer is required to pay
as a result of the action or determination at least thirty (30)
days before the date for payment; or
(B) voluntarily signed and filed an assessment return for the
taxes.
(f) If subsection (e) does not apply, a taxpayer who has not paid the
amount of taxes resulting from the action or determination shall, to the
extent that the penalty is not waived under section 10.5 or 10.7 of this
chapter, begin paying the penalty prescribed in section 10 of this
chapter on:
(1) the next May 10 which follows the date for payment
prescribed in subsection (d); or
(2) the next November 10 which follows the date for payment
prescribed in subsection (d);
whichever occurs first.
(g) A taxpayer is not subject to the payment of interest on real
property assessments under subsection (b) or (c) if:
(1) an assessment is made or increased after the date or dates on
which the taxes for the year for which the assessment is made
were due;
(2) the assessment or the assessment increase is made as the result
of error or neglect by the assessor or by any other official
involved with the assessment of property or the collection of
property taxes; and
(3) the assessment:
(A) would have been made on the normal assessment date if
the error or neglect had not occurred; or
(B) increase would have been included in the assessment on
the normal annual assessment date if the error or neglect had
not occurred.
SOURCE: IC 6-1.1-37-10; (07)SE0287.1.82. -->
SECTION 82. IC 6-1.1-37-10, AS AMENDED BY P.L.154-2006,
SECTION 55, AND AS AMENDED BY P.L.67-2006, SECTION 11,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]: Sec. 10. (a) Except as provided in
section sections 10.5
and 10.7 of this chapter, if an installment of
property taxes is not completely paid on or before the due date, a
penalty
equal to ten percent (10%) of the amount of delinquent taxes
shall be added to the unpaid portion in the year of the initial
delinquency.
The penalty is equal to an amount determined as follows:
(1) If:
(A) an installment of real property taxes is completely paid on
or before the date thirty (30) days after the due date; and
(B) the taxpayer is not liable for delinquent property taxes
first due and payable in a previous year installment
for the
same parcel;
the amount of the penalty is equal to five percent (5%) of the
amount of delinquent taxes.
(2) If:
(A) an installment of personal property taxes is completely
paid on or before the date thirty (30) days after the due
date; and
(B) the taxpayer is not liable for delinquent property taxes
first due and payable in a previous installment
for a
personal property tax return for property in the same
taxing district;
the amount of the penalty is equal to five percent (5%) of the
amount of delinquent taxes.
(2) (3)
If subdivision (1) or (2)
does not apply, the amount of the
penalty is equal to ten percent (10%) of the amount of delinquent
taxes.
(b) With respect to property taxes due in two (2) equal installments
under IC 6-1.1-22-9(a), on the day immediately following the due dates
in May and November of the first and second installments in each
year following the year of the initial delinquency, an additional penalty
equal to ten percent (10%) of any taxes remaining unpaid shall be
added. With respect to property taxes due in installments under
IC 6-1.1-22-9.5, an additional penalty equal to ten percent (10%) of any
taxes remaining unpaid shall be added on the day immediately
following each date that succeeds the last installment due date by:
(1) six (6) months; or
(2) a multiple of six (6) months.
(c) The penalties under subsection (b) are imposed only on the
principal amount of the delinquent taxes.
(d) If the department of local government finance determines that
an emergency has occurred which precludes the mailing of the tax
statement in any county at the time set forth in IC 6-1.1-22-8, the
department shall establish by order a new date on which the installment
of taxes in that county is due and no installment is delinquent if paid by
the date so established.
(e) If any due date falls on a Saturday, a Sunday, a national legal
holiday recognized by the federal government, or a statewide holiday,
the act that must be performed by that date is timely if performed by
the next succeeding day that is not a Saturday, a Sunday, or one (1) of
those holidays.
(f) Subject to subsections (g) and (h), a payment to the county
treasurer is considered to have been paid by the due date if the payment
is:
(1) received on or before the due date to by the county treasurer
or a collecting agent appointed by the county treasurer;
(2) deposited in the United States first class mail:
(A) properly addressed to the principal office of the county
treasurer;
(B) with sufficient postage; and
(C) certified or postmarked by the United States Postal Service
as mailed on or before the due date; or
(3) deposited with a nationally recognized express parcel carrier
and is:
(A) properly addressed to the principal office of the county
treasurer; and
(B) verified by the express parcel carrier as:
(i) paid in full for final delivery; and
(ii) received
by the express parcel carrier on or before the
due date;
(4) deposited to be mailed through United States registered mail,
United States certified mail, or United States certificate of
mailing:
(A) properly addressed to the principal office of the county
treasurer;
(B) with sufficient postage; and
(C) with a date of registration, certification, or certificate, as
evidenced by any record authenticated by the United States
Postal Service, on or before the due date; or
(5) made by an electronic fund funds transfer and the taxpayer's
bank account is charged on or before the due date.
For purposes of this subsection, "postmarked" does not mean the date
printed by a postage meter that affixes postage to the envelope or
package containing a payment.
(g) If a payment is mailed through the United States mail and is
physically received after the due date without a legible correct
postmark, the person who mailed the payment is considered to have
made the payment on or before the due date if the person can show by
reasonable evidence that the payment was deposited in the United
States mail on or before the due date.
(h) If a payment is sent via the United States mail or a nationally
recognized express parcel carrier but is not received by the designated
recipient, the person who sent the payment is considered to have made
the payment on or before the due date if the person:
(1) can show by reasonable evidence that the payment was
deposited in the United States mail, or with the express parcel
carrier, on or before the due date; and
(2) makes a duplicate payment within thirty (30) days after the
date the person is notified that the payment was not received.
SOURCE: IC 6-1.1-39-6; (07)SE0287.1.83. -->
SECTION 83. IC 6-1.1-39-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 6. (a) An
economic development district may be enlarged by the fiscal body by
following the same procedure for the creation of an economic
development district specified in this chapter. Property taxes that are
attributable to the additional area and allocable to the economic
development district are not eligible for the property tax replacement
credit provided by IC 6-1.1-21-5. However, subject to subsection (c)
and except as provided in subsection (f), each taxpayer in an additional
area is entitled to an additional credit for taxes (as defined in
IC 6-1.1-21-2) that under IC 6-1.1-22-9 are due and payable in May
and November of that year. Except as provided in subsection (f),
one-half (1/2) of the credit shall be applied to each installment of taxes
(as defined in IC 6-1.1-21-2). This credit equals the amount determined
under the following STEPS for each taxpayer in a taxing district in a
county that contains all or part of the additional area:
STEP ONE: Determine that part of the sum of the amounts under
IC 6-1.1-21-2(g)(1)(A) and IC 6-1.1-21-2(g)(2) that is attributable
to the taxing district.
STEP TWO: Divide:
(A) that part of the county's eligible property tax replacement
amount (as defined in IC 6-1.1-21-2) for that year as
determined under IC 6-1.1-21-4 that is attributable to the
taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; times
(B) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that would have
been allocated to a special fund under section 5 of this chapter
had the additional credit described in this section not been
given.
The additional credit reduces the amount of proceeds allocated to the
economic development district and paid into a special fund under
section 5(a) of this chapter.
(b) If the additional credit under subsection (a) is not reduced under
subsection (c) or (d), the credit for property tax replacement under
IC 6-1.1-21-5 and the additional credit under subsection (a) shall be
computed on an aggregate basis for all taxpayers in a taxing district
that contains all or part of an additional area. The credit for property
tax replacement under IC 6-1.1-21-5 and the additional credit under
subsection (a) shall be combined on the tax statements sent to each
taxpayer.
(c) The county fiscal body may, by ordinance, provide that the
additional credit described in subsection (a):
(1) does not apply in a specified additional area; or
(2) is to be reduced by a uniform percentage for all taxpayers in
a specified additional area.
(d) Whenever the county fiscal body determines that granting the
full additional credit under subsection (a) would adversely affect the
interests of the holders of bonds or other contractual obligations that
are payable from allocated tax proceeds in that economic development
district in a way that would create a reasonable expectation that those
bonds or other contractual obligations would not be paid when due, the
county fiscal body must adopt an ordinance under subsection (c) to
deny the additional credit or reduce the additional credit to a level that
creates a reasonable expectation that the bonds or other obligations will
be paid when due. An ordinance adopted under subsection (c) denies
or reduces the additional credit for taxes (as defined in IC 6-1.1-21-2)
first due and payable in any year following the year in which the
ordinance is adopted.
(e) An ordinance adopted under subsection (c) remains in effect
until the ordinance is rescinded by the body that originally adopted the
ordinance. However, an ordinance may not be rescinded if the
rescission would adversely affect the interests of the holders of bonds
or other obligations that are payable from allocated tax proceeds in that
economic development district in a way that would create a reasonable
expectation that the principal of or interest on the bonds or other
obligations would not be paid when due. If an ordinance is rescinded
and no other ordinance is adopted, the additional credit described in
subsection (a) applies to taxes (as defined in IC 6-1.1-21-2) first due
and payable in each year following the year in which the resolution is
rescinded.
(f) This subsection applies to an additional area only to the extent
that the net assessed value of property that is assessed as residential
property under the rules of the department of local government finance
is not included in the base assessed value. If property tax installments
with respect to a homestead (as defined in IC 6-1.1-20.9-1) are due in
installments established by the department of local government finance
under IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
additional area is entitled to an additional credit under subsection (a)
for the taxes (as defined in IC 6-1.1-21-2) due in installments. The
credit shall be applied in the same proportion to each installment of
taxes (as defined in IC 6-1.1-21-2).
SOURCE: IC 6-1.1-40-10; (07)SE0287.1.84. -->
SECTION 84. IC 6-1.1-40-10, AS AMENDED BY P.L.154-2006,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 10. (a) Subject to subsection (e), an owner of new
manufacturing equipment or inventory, or both, whose statement of
benefits is approved is entitled to a deduction from the assessed value
of that equipment and inventory for a period of ten (10) years. Except
as provided in subsections (c) and (d), and subject to subsection (e)
and section 14 of this chapter, for the first five (5) years, the amount
of the deduction for new manufacturing equipment that an owner is
entitled to for a particular year equals the assessed value of the new
manufacturing equipment. Subject to subsection (e) and section 14 of
this chapter, for the sixth through the tenth year, the amount of the
deduction equals the product of:
(1) the assessed value of the new manufacturing equipment;
multiplied by
(2) the percentage prescribed in the following table:
YEAR OF DEDUCTION
PERCENTAGE
6th 100%
7th 95%
8th 80%
9th 65%
10th 50%
11th and thereafter 0%
(b) Subject to section 14 of this chapter, for the first year the
amount of the deduction for inventory equals the assessed value of the
inventory. Subject to section 14 of this chapter, for the next nine (9)
years, the amount of the deduction equals:
(1) the assessed value of the inventory for that year; multiplied by
(2) the owner's export sales ratio for the previous year, as certified
by the department of state revenue under IC 6-3-2-13.
(c) A deduction under this section is not allowed in the first year the
deduction is claimed for new manufacturing equipment to the extent
that it would cause the assessed value of all of the personal property of
the owner in the taxing district in which the equipment is located to be
less than the assessed value of all of the personal property of the owner
in that taxing district in the immediately preceding year.
(d) If a deduction is not fully allowed under subsection (c) in the
first year the deduction is claimed, then the percentages specified in
subsection (a) apply in the subsequent years to the amount of deduction
that was allowed in the first year.
(e) For purposes of subsection (a), the assessed value of new
manufacturing equipment that is part of an owner's assessable
depreciable personal property in a single taxing district subject to the
valuation limitation in 50 IAC 4.2-4-9 or 50 IAC 5.1-6-9 is the product
of:
(1) the assessed value of the equipment determined without
regard to the valuation limitation in 50 IAC 4.2-4-9 or 50
IAC 5.1-6-9; multiplied by
(2) the quotient of:
(A) the amount of the valuation limitation determined under
50 IAC 4.2-4-9 or 50 IAC 5.1-6-9 for all of the owner's
depreciable personal property in the taxing district; divided by
(B) the total true tax value of all of the owner's depreciable
personal property in the taxing district that is subject to the
valuation limitation in 50 IAC 4.2-4-9 or 50 IAC 5.1-6-9
determined:
(i) under the depreciation schedules in the rules of the
department of local government finance before any
adjustment for abnormal obsolescence; and
(ii) without regard to the valuation limitation in 50
IAC 4.2-4-9 or 50 IAC 5.1-6-9.
SOURCE: IC 6-1.1-40-14; (07)SE0287.1.85. -->
SECTION 85. IC 6-1.1-40-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 14. If:
(1) as the result of an error the county auditor applies a
deduction under this chapter for a particular assessment date
in an amount that is less than the amount to which the
taxpayer is entitled under this chapter; and
(2) the taxpayer is entitled to a correction of the error under
this article;
the county auditor shall apply the correction of the error in the
manner that corrections are applied under IC 6-1.1-12.1-15.
SOURCE: IC 6-1.1-42-28; (07)SE0287.1.86. -->
SECTION 86. IC 6-1.1-42-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 28. (a) Subject to this
section and section 34 of this chapter, the amount of the deduction
which the property owner is entitled to receive under this chapter for
a particular year equals the product of:
(1) the increase in the assessed value resulting from the
remediation and redevelopment in the zone or the location of
personal property in the zone, or both; multiplied by
(2) the percentage determined under subsection (b).
(b) The percentage to be used in calculating the deduction under
subsection (a) is as follows:
(1) For deductions allowed over a three (3) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 66%
3rd 33%
(2) For deductions allowed over a six (6) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st
100%
2nd
85%
3rd
66%
4th
50%
5th
34%
6th
17%
(3) For deductions allowed over a ten (10) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st
100%
2nd
95%
3rd
80%
4th
65%
5th
50%
6th
40%
7th
30%
8th
20%
9th
10%
10th
5%
(c) The amount of the deduction determined under subsection (a)
shall be adjusted in accordance with this subsection in the following
circumstances:
(1) If a general reassessment of real property occurs within the
particular period of the deduction, the amount determined under
subsection (a)(1) shall be adjusted to reflect the percentage
increase or decrease in assessed valuation that resulted from the
general reassessment.
(2) If an appeal of an assessment is approved that results in a
reduction of the assessed value of the redeveloped or rehabilitated
property, the amount of any deduction shall be adjusted to reflect
the percentage decrease that resulted from the appeal.
(3) The amount of the deduction may not exceed the limitations
imposed by the designating body under section 23 of this chapter.
(4) The amount of the deduction must be proportionally reduced
by the proportionate ownership of the property by a person that:
(A) has an ownership interest in an entity that contributed; or
(B) has contributed;
a contaminant (as defined in IC 13-11-2-42) that is the subject of
the voluntary remediation, as determined under the written
standards adopted by the department of environmental
management.
The department of local government finance shall adopt rules under
IC 4-22-2 to implement this subsection.
SOURCE: IC 6-1.1-42-34; (07)SE0287.1.87. -->
SECTION 87. IC 6-1.1-42-34 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 34. If:
(1) as the result of an error the county auditor applies a
deduction under this chapter for a particular assessment date
in an amount that is less than the amount to which the
taxpayer is entitled under this chapter; and
(2) the taxpayer is entitled to a correction of the error under
this article;
the county auditor shall apply the correction of the error in the
manner that corrections are applied under IC 6-1.1-12.1-15.
SOURCE: IC 6-1.5-2-6; (07)SE0287.1.88. -->
SECTION 88. IC 6-1.5-2-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 6. Notwithstanding IC 5-14-3-8, the Indiana board
shall charge a person that files a petition with the Indiana tax court
for review of a determination by the Indiana board the reasonable
cost of preparing any necessary copies and transcripts for
transmittal to the court.
SOURCE: IC 6-1.5-5-2; (07)SE0287.1.89. -->
SECTION 89. IC 6-1.5-5-2, AS AMENDED BY P.L.154-2006,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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) With respect to an appeal of the assessment of real property or
personal property filed after June 30, 2005, the notices required under
subsection (c) must include the following:
(1) The action of the department of local government finance with
respect to the appealed items.
(2) A statement that a taxing unit receiving the notice from the
county auditor under subsection (e) may:
(A) attend the hearing;
(B) offer testimony; and
(C) file an amicus curiae brief in the proceeding.
(e) If, after receiving notice of a hearing under subsection (c), the
county auditor determines that the assessed value of the appealed items
constitutes at least one percent (1%) of the total gross certified assessed
value of a particular taxing unit for the assessment date immediately
preceding the assessment date for which the appeal was filed, the
county auditor shall send a copy of the notice to the affected taxing
unit. A taxing unit that receives a notice from the county auditor under
this subsection is not a party to the appeal. Failure of the county auditor
to send a copy of the notice to the affected taxing unit does not affect
the validity of the appeal or delay the appeal.
(f) The Indiana board shall give the notices required under
subsection (c) at least thirty (30) days before the day fixed for the
hearing.
SOURCE: IC 6-1.5-5-4; (07)SE0287.1.90. -->
SECTION 90. IC 6-1.5-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: 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) (a) After
reviewing the report of the administrative law judge,
conducting a hearing, the Indiana board may take additional evidence
or hold additional hearings.
(c) (b) 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) (c) If the Indiana board does not issue its final determination
under subsection (c), (b), the Indiana board shall base its board's 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
(3) any records that the Indiana board considers relevant.
must include separately stated findings of fact for all aspects of the
determination. Findings of ultimate fact must be accompanied by
a concise statement of the underlying basic facts of record to
support the findings. Findings must:
(1) be based exclusively on:
(A) the evidence on the record in the proceeding; and
(B) matters officially noticed in the proceeding; and
(2) be based on a preponderance of the evidence.
SOURCE: IC 6-2.5-8-1; (07)SE0287.1.91. -->
SECTION 91. IC 6-2.5-8-1, AS AMENDED BY P.L.111-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 1.
(a) A retail merchant may not make a
retail transaction in Indiana, unless the retail merchant has applied for
a registered retail merchant's certificate.
(b) A retail merchant may obtain a registered retail merchant's
certificate by filing an application with the department and paying a
registration fee of twenty-five dollars ($25) for each place of business
listed on the application. The retail merchant shall also provide such
security for payment of the tax as the department may require under
IC 6-2.5-6-12.
(c) The retail merchant shall list on the application the location
(including the township) of each place of business where the retail
merchant makes retail transactions. However, if the retail merchant
does not have a fixed place of business, the retail merchant shall list the
retail merchant's residence as the retail merchant's place of business. In
addition, a public utility may list only its principal Indiana office as its
place of business for sales of public utility commodities or service, but
the utility must also list on the application the places of business where
it makes retail transactions other than sales of public utility
commodities or service.
(d) Upon receiving a proper application, the correct fee, and the
security for payment, if required, the department shall issue to the retail
merchant a separate registered retail merchant's certificate for each
place of business listed on the application. Each certificate shall bear
a serial number and the location of the place of business for which it is
issued.
(e) If a retail merchant intends to make retail transactions during a
calendar year at a new Indiana place of business, the retail merchant
must file a supplemental application and pay the fee for that place of
business.
(f) A registered retail merchant's certificate is valid for two (2) years
after the date the registered retail merchant's certificate is originally
issued or renewed. If the retail merchant has filed all returns and
remitted all taxes the retail merchant is currently obligated to file or
remit, the department shall renew the registered retail merchant's
certificate within thirty (30) days after the expiration date, at no cost to
the retail merchant.
(g) The department may not renew a registered retail merchant
certificate of a retail merchant who is delinquent in remitting sales or
use tax. The department, at least sixty (60) days before the date on
which a retail merchant's registered retail merchant's certificate expires,
shall notify a retail merchant who is delinquent in remitting sales or use
tax that the department will not renew the retail merchant's registered
retail merchant's certificate.
(h) A retail merchant engaged in business in Indiana as defined in
IC 6-2.5-3-1(c) who makes retail transactions that are only subject to
the use tax must obtain a registered retail merchant's certificate before
making those transactions. The retail merchant may obtain the
certificate by following the same procedure as a retail merchant under
subsections (b) and (c), except that the retail merchant must also
include on the application:
(1) the names and addresses of the retail merchant's principal
employees, agents, or representatives who engage in Indiana in
the solicitation or negotiation of the retail transactions;
(2) the location of all of the retail merchant's places of business in
Indiana, including offices and distribution houses; and
(3) any other information that the department requests.
(i) The department may permit an out-of-state retail merchant to
collect the use tax. However, before the out-of-state retail merchant
may collect the tax, the out-of-state retail merchant must obtain a
registered retail merchant's certificate in the manner provided by this
section. Upon receiving the certificate, the out-of-state retail merchant
becomes subject to the same conditions and duties as an Indiana retail
merchant and must then collect the use tax due on all sales of tangible
personal property that the out-of-state retail merchant knows is
intended for use in Indiana.
(j) Except as provided in subsection (k), the department shall
submit to the township assessor before July 15 of each year:
(1) the name of each retail merchant that has newly obtained a
registered retail merchant's certificate between March 2 of the
preceding year and March 1 of the current year for a place of
business located in the township; and
(2) the address of each place of business of the taxpayer in the
township.
(k) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, the
department shall submit the information listed in subsection (j) to
the county assessor.
SOURCE: IC 6-8.1-7-1; (07)SE0287.1.92. -->
SECTION 92. IC 6-8.1-7-1, AS AMENDED BY SEA 526-2007,
SECTION 129, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]: Sec. 1.
(a) This subsection does not
apply to the disclosure of information concerning a conviction on a tax
evasion charge. Unless in accordance with a judicial order or as
otherwise provided in this chapter, the department, its employees,
former employees, counsel, agents, or any other person may not divulge
the amount of tax paid by any taxpayer, terms of a settlement
agreement executed between a taxpayer and the department,
investigation records, investigation reports, or any other information
disclosed by the reports filed under the provisions of the law relating
to any of the listed taxes, including required information derived from
a federal return, except to:
(1) members and employees of the department;
(2) the governor;
(3) the attorney general or any other legal representative of the
state in any action in respect to the amount of tax due under the
provisions of the law relating to any of the listed taxes; or
(4) any authorized officers of the United States;
when it is agreed that the information is to be confidential and to be
used solely for official purposes.
(b) The information described in subsection (a) may be revealed
upon the receipt of a certified request of any designated officer of the
state tax department of any other state, district, territory, or possession
of the United States when:
(1) the state, district, territory, or possession permits the exchange
of like information with the taxing officials of the state; and
(2) it is agreed that the information is to be confidential and to be
used solely for tax collection purposes.
(c) The information described in subsection (a) relating to a person
on public welfare or a person who has made application for public
welfare may be revealed to the director of the division of family
resources, and to any director of a county office of family and children
located in Indiana, upon receipt of a written request from either director
for the information. The information shall be treated as confidential by
the directors. In addition, the information described in subsection (a)
relating to a person who has been designated as an absent parent by the
state Title IV-D agency shall be made available to the state Title IV-D
agency upon request. The information shall be subject to the
information safeguarding provisions of the state and federal Title IV-D
programs.
(d) The name, address, Social Security number, and place of
employment relating to any individual who is delinquent in paying
educational loans owed to a postsecondary educational institution may
be revealed to that institution if it provides proof to the department that
the individual is delinquent in paying for educational loans. This
information shall be provided free of charge to approved postsecondary
educational institutions (as defined by IC 21-7-13-6(a)). The
department shall establish fees that all other institutions must pay to the
department to obtain information under this subsection. However, these
fees may not exceed the department's administrative costs in providing
the information to the institution.
(e) The information described in subsection (a) relating to reports
submitted under IC 6-6-1.1-502 concerning the number of gallons of
gasoline sold by a distributor and IC 6-6-2.5 concerning the number of
gallons of special fuel sold by a supplier and the number of gallons of
special fuel exported by a licensed exporter or imported by a licensed
transporter may be released by the commissioner upon receipt of a
written request for the information.
(f) The information described in subsection (a) may be revealed
upon the receipt of a written request from the administrative head of a
state agency of Indiana when:
(1) the state agency shows an official need for the information;
and
(2) the administrative head of the state agency agrees that any
information released will be kept confidential and will be used
solely for official purposes.
(g) The name and address of retail merchants, including township,
as specified in IC 6-2.5-8-1(j) may be released solely for tax collection
purposes to township assessors and county assessors.
(h) The department shall notify the appropriate innkeepers' tax
board, bureau, or commission that a taxpayer is delinquent in remitting
innkeepers' taxes under IC 6-9.
(i) All information relating to the delinquency or evasion of the
motor vehicle excise tax may be disclosed to the bureau of motor
vehicles in Indiana and may be disclosed to another state, if the
information is disclosed for the purpose of the enforcement and
collection of the taxes imposed by IC 6-6-5.
(j) All information relating to the delinquency or evasion of
commercial vehicle excise taxes payable to the bureau of motor
vehicles in Indiana may be disclosed to the bureau and may be
disclosed to another state, if the information is disclosed for the
purpose of the enforcement and collection of the taxes imposed by
IC 6-6-5.5.
(k) All information relating to the delinquency or evasion of
commercial vehicle excise taxes payable under the International
Registration Plan may be disclosed to another state, if the information
is disclosed for the purpose of the enforcement and collection of the
taxes imposed by IC 6-6-5.5.
(l) This section does not apply to:
(1) the beer excise tax (IC 7.1-4-2);
(2) the liquor excise tax (IC 7.1-4-3);
(3) the wine excise tax (IC 7.1-4-4);
(4) the hard cider excise tax (IC 7.1-4-4.5);
(5) the malt excise tax (IC 7.1-4-5);
(6) the motor vehicle excise tax (IC 6-6-5);
(7) the commercial vehicle excise tax (IC 6-6-5.5); and
(8) the fees under IC 13-23.
(m) The name and business address of retail merchants within each
county that sell tobacco products may be released to the division of
mental health and addiction and the alcohol and tobacco commission
solely for the purpose of the list prepared under IC 6-2.5-6-14.2.
SOURCE: IC 8-14-9-12; (07)SE0287.1.93. -->
SECTION 93. IC 8-14-9-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. All bonds and
interest on bonds issued under this chapter are exempt from taxation as
provided under IC 6-8-5-1. All general laws relating to:
(1) the filing of a petition requesting the issuance of bonds;
(2) the right of taxpayers and voters to remonstrate against the
issuance of bonds;
(3) the appropriation of the proceeds of the bonds and the
approval of the appropriation by the department of local
government finance; and
(4) the sale of bonds at public sale for not less than par value;
are applicable to proceedings under this chapter.
SOURCE: IC 8-22-3-16; (07)SE0287.1.94. -->
SECTION 94. IC 8-22-3-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) The board
may issue general obligation bonds of the authority for the purpose of
procuring funds to pay the cost of acquiring real property, or
constructing, enlarging, improving, remodeling, repairing, or equipping
buildings, structures, runways, or other facilities, for use as or in
connection with or for administrative purposes of the airport. The
issuance of the bonds must be authorized by ordinance of the board
providing for the amount, terms, and tenor of the bonds and for the
time and character of notice and the mode of making sale. If one (1)
airport is owned by the authority, an ordinance authorizing the issuance
of bonds for a separate second airport is subject to approval as provided
in this section. The bonds bear interest and are payable at the times and
places that the board determines but running not more than twenty-five
(25) years after the date of their issuance, and they must be executed in
the name of the authority by the president of the board and attested by
the secretary who shall affix to each of the bonds the official seal of the
authority. The interest coupons attached to the bonds may be executed
by placing on them the facsimile signature of the president of the
board.
(b) The issuance of general obligation bonds must be approved by
resolution of the following body:
(1) When the authority is established by an eligible entity, by its
fiscal body.
(2) When the authority is established by two (2) or more eligible
entities acting jointly, by the fiscal body of each of those entities.
(3) When the authority was established under IC 19-6-2, by the
mayor of the consolidated city, and if a second airport is to be
funded, also by the city-county council.
(4) When the authority was established under IC 19-6-3, by the
county council.
(c) The airport director shall manage and supervise the preparation,
advertisement, and sale of the bonds, subject to the authorizing
ordinance. Before the sale of the bonds, the airport director shall cause
notice of the sale to be published once each week for two (2)
consecutive weeks in two (2) newspapers of general circulation
published in the district, setting out the time and place where bids will
be received, the amount and maturity dates of the issue, the maximum
interest rate, and the terms and conditions of sale and delivery of the
bonds. The bonds shall be sold to the highest bidder, in accordance
with the procedures for selling public bonds. After the bonds have been
properly sold and executed, the airport director shall deliver them to the
treasurer of the authority and take his a receipt for them, and shall
certify to the treasurer the amount which the purchaser is to pay for
them, together with the name and address of the purchaser. On payment
of the purchase price the treasurer shall deliver the bonds to the
purchaser, and the treasurer and airport director or superintendent shall
report their actions to the board.
(d) The provisions of IC 6-1.1-20 and IC 5-1 relating to the filing of
a petition requesting the issuance of bonds and giving notice of them,
the giving of notice of determination to issue bonds, the giving of
notice of hearing on the appropriation of the proceeds of bonds and the
right of taxpayers to appeal and be heard on the proposed
appropriation, the approval of the appropriation by the department of
local government finance, the right of taxpayers and voters to
remonstrate against the issuance of bonds, and the sale of bonds at
public sale for not less than par value are applicable to proceedings
under this chapter for the issuance of general obligation bonds.
(e) Bonds issued under this chapter are not a corporate obligation or
indebtedness of any eligible entity but are an indebtedness of the
authority as a municipal corporation. An action to question the validity
of the bonds issued or to prevent their issue must be instituted not later
than the date set for sale of the bonds, and all of the bonds after that
date are incontestable.
SOURCE: IC 8-22-3.5-10; (07)SE0287.1.95. -->
SECTION 95. IC 8-22-3.5-10, AS AMENDED BY P.L.124-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 10. (a) Except as provided in subsection (d),
if the commission adopts the provisions of this section by resolution,
each taxpayer in the airport development zone is entitled to an
additional credit for taxes (as defined in IC 6-1.1-21-2) that, under
IC 6-1.1-22-9, are due and payable in May and November of that year.
Except as provided in subsection (d), one-half (1/2) of the credit shall
be applied to each installment of taxes (as defined in IC 6-1.1-21-2).
This credit equals the amount determined under the following STEPS
for each taxpayer in a taxing district that contains all or part of the
airport development zone:
STEP ONE: Determine that part of the sum of the amounts under
IC 6-1.1-21-2(g)(1)(A) and IC 6-1.1-21-2(g)(2) through
IC 6-1.1-21-2(g)(5) that is attributable to the taxing district.
STEP TWO: Divide:
(A) that part of the county's eligible property tax replacement
amount (as defined in IC 6-1.1-21-2) for that year as
determined under IC 6-1.1-21-4 that is attributable to the
taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; by
(B) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that would have
been allocated to the special funds under section 9 of this
chapter had the additional credit described in this section not
been given.
The additional credit reduces the amount of proceeds allocated and
paid into the special funds under section 9 of this chapter.
(b) The additional credit under subsection (a) shall be:
(1) computed on an aggregate basis of all taxpayers in a taxing
district that contains all or part of an airport development zone;
and
(2) combined on the tax statement sent to each taxpayer.
(c) Concurrently with the mailing or other delivery of the tax
statement or any corrected tax statement to each taxpayer, as required
by IC 6-1.1-22-8(a), each county treasurer shall for each tax statement
also deliver to each taxpayer in an airport development zone who is
entitled to the additional credit under subsection (a) a notice of
additional credit. The actual dollar amount of the credit, the taxpayer's
name and address, and the tax statement to which the credit applies
shall be stated on the notice.
(d) This subsection applies to an airport development zone only to
the extent that the net assessed value of property that is assessed as
residential property under the rules of the department of local
government finance is not included in the base assessed value. If
property tax installments with respect to a homestead (as defined in
IC 6-1.1-20.9-1) are due in installments established by the department
of local government finance under IC 6-1.1-22-9.5, each taxpayer
subject to those installments in an airport development zone is entitled
to an additional credit under subsection (a) for the taxes (as defined in
IC 6-1.1-21-2) due in installments. The credit shall be applied in the
same proportion to each installment of taxes (as defined in
IC 6-1.1-21-2).
SOURCE: IC 12-29-1-5; (07)SE0287.1.96. -->
SECTION 96. IC 12-29-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. All general
Indiana statutes relating to the following apply to the issuance of
county bonds under this chapter:
(1) The filing of a petition requesting the issuance of bonds.
(2) The giving of notice of the following:
(A) The filing of the petition requesting the issuance of the
bonds.
(B) The determination to issue bonds.
(C) A hearing on the appropriation of the proceeds of the
bonds.
(3) The right of taxpayers to appear and be heard on the proposed
appropriation.
(4) The approval of the appropriation by the department of local
government finance.
(5) The right of taxpayers and voters to remonstrate against the
issuance of bonds.
SOURCE: IC 12-29-2-18; (07)SE0287.1.97. -->
SECTION 97. IC 12-29-2-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18. All general
Indiana statutes relating to the following apply to the issuance of
county bonds under this chapter:
(1) The filing of a petition requesting the issuance of bonds.
(2) The giving of notice of the following:
(A) The filing of the petition requesting the issuance of the
bonds.
(B) The determination to issue bonds.
(C) A hearing on the appropriation of the proceeds of the
bonds.
(3) The right of taxpayers to appear and be heard on the proposed
appropriation.
(4) The approval of the appropriation by the department of local
government finance.
(5) The right of taxpayers and voters to remonstrate against the
issuance of bonds.
SOURCE: IC 14-27-6-40; (07)SE0287.1.98. -->
SECTION 98. IC 14-27-6-40 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 40. The provisions
of IC 5-1 and IC 6-1.1-20 relating to the following apply to proceedings
under this chapter:
(1) The filing of a petition requesting the issuance of bonds and
giving notice of the petition.
(2) The giving of notice of determination to issue bonds.
(3) The giving of notice of hearing on the appropriation of the
proceeds of bonds and the right of taxpayers to appeal and be
heard on the proposed appropriation.
(4) The approval of the appropriation by the department of local
government finance.
(5) The right of taxpayers and voters to remonstrate against the
issuance of bonds.
(6) The sale of bonds at public sale for not less than the par value.
SOURCE: IC 20-48-1-8; (07)SE0287.1.99. -->
SECTION 99. IC 20-48-1-8, AS ADDED BY P.L.2-2006,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. The provisions of all general
statutes and rules relating to:
(1) filing petitions requesting the issuance of bonds and giving
notice of the issuance of bonds;
(2) giving notice of determination to issue bonds;
(3) giving notice of a hearing on the appropriation of the proceeds
of the bonds and the right of taxpayers to appear and be heard on
the proposed appropriation;
(4) the approval of the appropriation by the department of local
government finance; and
(5) the right of taxpayers and voters to remonstrate against the
issuance of bonds;
apply to proceedings for the issuance of bonds and the making of an
emergency loan under this article and IC 20-26-1 through IC 20-26-5.
An action to contest the validity of the bonds or emergency loans may
not be brought later than five (5) days after the acceptance of a bid for
the sale of the bonds.
SOURCE: IC 32-21-2-13; (07)SE0287.1.100. -->
SECTION 100. IC 32-21-2-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 13. (a) Except as
provided in subsection (c), if the auditor of the county or the township
assessor under IC 6-1.1-5-9 and IC 6-1.1-5-9.1 determines it necessary,
an instrument transferring fee simple title to less than the whole of a
tract that will result in the division of the tract into at least two (2)
parcels for property tax purposes may not be recorded unless the
auditor or township assessor is furnished a drawing or other reliable
evidence of the following:
(1) The number of acres in each new tax parcel being created.
(2) The existence or absence of improvements on each new tax
parcel being created.
(3) The location within the original tract of each new tax parcel
being created.
(b) Any instrument that is accepted for recording and placed of
record that bears the endorsement required by IC 36-2-11-14 is
presumed to comply with this section.
(c) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 32-28-3-1; (07)SE0287.1.101. -->
SECTION 101. IC 32-28-3-1, AS AMENDED BY P.L.1-2006,
SECTION 501, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]: Sec. 1. (a) A contractor, a
subcontractor, a mechanic, a lessor leasing construction and other
equipment and tools, whether or not an operator is also provided by the
lessor, a journeyman, a laborer, or any other person performing labor
or furnishing materials or machinery, including the leasing of
equipment or tools, for:
(1) the erection, alteration, repair, or removal of:
(A) a house, mill, manufactory, or other building; or
(B) a bridge, reservoir, system of waterworks, or other
structure;
(2) the construction, alteration, repair, or removal of a walk or
sidewalk located on the land or bordering the land, a stile, a well,
a drain, a drainage ditch, a sewer, or a cistern; or
(3) any other earth moving operation;
may have a lien as set forth in this section.
(b) A person described in subsection (a) may have a lien separately
or jointly: upon the:
(1) upon the house, mill, manufactory, or other building, bridge,
reservoir, system of waterworks, or other structure, sidewalk,
walk, stile, well, drain, drainage ditch, sewer, cistern, or earth:
(A) that the person erected, altered, repaired, moved, or
removed; or
(B) for which the person furnished materials or machinery of
any description; and
(2) on the interest of the owner of the lot or parcel of land:
(A) on which the structure or improvement stands; or
(B) with which the structure or improvement is connected;
to the extent of the value of any labor done or the material furnished,
or both, including any use of the leased equipment and tools.
(c) All claims for wages of mechanics and laborers employed in or
about a shop, mill, wareroom, storeroom, manufactory or structure,
bridge, reservoir, system of waterworks or other structure, sidewalk,
walk, stile, well, drain, drainage ditch, cistern, or any other earth
moving operation shall be a lien on all the:
(1) machinery;
(2) tools;
(3) stock;
(4) material; or
(5) finished or unfinished work;
located in or about the shop, mill, wareroom, storeroom, manufactory
or other building, bridge, reservoir, system of waterworks, or other
structure, sidewalk, walk, stile, well, drain, drainage ditch, sewer,
cistern, or earth used in a business.
(d) If the person, firm, limited liability company, or corporation
described in subsection (a) or (c) is in failing circumstances, the claims
described in this section shall be preferred debts whether a claim or
notice of lien has been filed.
(e) Subject to subsection (f), a contract:
(1) for the construction, alteration, or repair of a Class 2 structure
(as defined in IC 22-12-1-5);
(2) for the construction, alteration, or repair of an improvement on
the same real estate auxiliary to a Class 2 structure (as defined in
IC 22-12-1-5);
(3) for the construction, alteration, or repair of property that is:
(A) owned, operated, managed, or controlled by a:
(i) public utility (as defined in IC 8-1-2-1);
(ii) municipally owned utility (as defined in IC 8-1-2-1);
(iii) joint agency (as defined in IC 8-1-2.2-2);
(iv) rural electric membership corporation formed under
IC 8-1-13-4;
(v) rural telephone cooperative corporation formed under
IC 8-1-17; or
(vi) not-for-profit utility (as defined in IC 8-1-2-125);
regulated under IC 8; and
(B) intended to be used and useful for the production,
transmission, delivery, or furnishing of heat, light, water,
telecommunications services, or power to the public; or
(4) to prepare property for Class 2 residential construction;
may include a provision or stipulation in the contract of the owner and
principal contractor that a lien may not attach to the real estate,
building, structure or any other improvement of the owner.
(f) A contract containing a provision or stipulation described in
subsection (e) must meet the requirements of this subsection to be valid
against subcontractors, mechanics, journeymen, laborers, or persons
performing labor upon or furnishing materials or machinery for the
property or improvement of the owner. The contract must:
(1) be in writing;
(2) contain specific reference by legal description of the real
estate to be improved;
(3) be acknowledged as provided in the case of deeds; and
(4) be filed and recorded in the recorder's office of the county in
which the real estate, building, structure, or other improvement is
situated not more than five (5) days after the date of execution of
the contract.
A contract containing a provision or stipulation described in subsection
(e) does not affect a lien for labor, material, or machinery supplied
before the filing of the contract with the recorder.
(g) Upon the filing of a contract under subsection (f), the recorder
shall:
(1) record the contract at length in the order of the time it was
received in books provided by the recorder for that purpose;
(2) index the contract in the name of the:
(A) contractor; and
(B) owner;
in books kept for that purpose; and
(3) collect a fee for recording the contract as is provided for the
recording of deeds and mortgages.
(h) A person, firm, partnership, limited liability company, or
corporation that sells or furnishes on credit any material, labor, or
machinery for the alteration or repair of an owner occupied single or
double family dwelling or the appurtenances or additions to the
dwelling to:
(1) a contractor, subcontractor, mechanic; or
(2) anyone other than the occupying owner or the owner's legal
representative;
must furnish to the occupying owner of the parcel of land where the
material, labor, or machinery is delivered a written notice of the
delivery or work and of the existence of lien rights not later than thirty
(30) days after the date of first delivery or labor performed. The
furnishing of the notice is a condition precedent to the right of
acquiring a lien upon the lot or parcel of land or the improvement on
the lot or parcel of land.
(i) A person, firm, partnership, limited liability company, or
corporation that sells or furnishes on credit material, labor, or
machinery for the original construction of a single or double family
dwelling for the intended occupancy of the owner upon whose real
estate the construction takes place to a contractor, subcontractor,
mechanic, or anyone other than the owner or the owner's legal
representatives must:
(1) furnish the owner of the real estate:
(A) as named in the latest entry in the transfer books described
in IC 6-1.1-5-4 of the county auditor; or
(B) if IC 6-1.1-5-9 applies, as named in the transfer books of
the township assessor or the county assessor;
with a written notice of the delivery or labor and the existence of
lien rights not later than sixty (60) days after the date of the first
delivery or labor performed; and
(2) file a copy of the written notice in the recorder's office of the
county not later than sixty (60) days after the date of the first
delivery or labor performed.
The furnishing and filing of the notice is a condition precedent to the
right of acquiring a lien upon the real estate or upon the improvement
constructed on the real estate.
(j) A lien for material or labor in original construction does not
attach to real estate purchased by an innocent purchaser for value
without notice of a single or double family dwelling for occupancy by
the purchaser unless notice of intention to hold the lien is recorded
under section 3 of this chapter before recording the deed by which the
purchaser takes title.
SOURCE: IC 32-28-3-3; (07)SE0287.1.102. -->
SECTION 102. IC 32-28-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 3. (a) Except as
provided in subsection (b), a person who wishes to acquire a lien upon
property, whether the claim is due or not, must file in duplicate a sworn
statement and notice of the person's intention to hold a lien upon the
property for the amount of the claim:
(1) in the recorder's office of the county; and
(2) not later than ninety (90) days after performing labor or
furnishing materials or machinery described in section 1 of this
chapter.
The statement and notice of intention to hold a lien may be verified and
filed on behalf of a client by an attorney registered with the clerk of the
supreme court as an attorney in good standing under the requirements
of the supreme court.
(b) This subsection applies to a person that performs labor or
furnishes materials or machinery described in section 1 of this chapter
related to a Class 2 structure (as defined in IC 22-12-1-5) or an
improvement on the same real estate auxiliary to a Class 2 structure (as
defined in IC 22-12-1-5). A person who wishes to acquire a lien upon
property, whether the claim is due or not, must file in duplicate a sworn
statement and notice of the person's intention to hold a lien upon the
property for the amount of the claim:
(1) in the recorder's office of the county; and
(2) not later than sixty (60) days after performing labor or
furnishing materials or machinery described in section 1 of this
chapter.
The statement and notice of intention to hold a lien may be verified and
filed on behalf of a client by an attorney registered with the clerk of the
supreme court as an attorney in good standing under the requirements
of the supreme court.
(c) A statement and notice of intention to hold a lien filed under this
section must specifically set forth:
(1) the amount claimed;
(2) the name and address of the claimant;
(3) the owner's:
(A) name; and
(B) latest address as shown on the property tax records of the
county; and
(4) the:
(A) legal description; and
(B) street and number, if any;
of the lot or land on which the house, mill, manufactory or other
buildings, bridge, reservoir, system of waterworks, or other
structure may stand or be connected with or to which it may be
removed.
The name of the owner and legal description of the lot or land will be
sufficient if they are substantially as set forth in the latest entry in the
transfer books described in IC 6-1.1-5-4 of the county auditor or, if
IC 6-1.1-5-9 applies, the transfer books of the township assessor or the
county assessor at the time of filing of the notice of intention to hold
a lien.
(d) The recorder shall:
(1) mail, first class, one (1) of the duplicates of the statement and
notice of intention to hold a lien to the owner named in the
statement and notice not later than three (3) business days after
recordation;
(2) post records as to the date of the mailing; and
(3) collect a fee of two dollars ($2) from the lien claimant for each
statement and notice that is mailed.
The statement and notice shall be addressed to the latest address of the
owner as specifically set out in the sworn statement and notice of the
person intending to hold a lien upon the property.
SOURCE: IC 33-26-6-5; (07)SE0287.1.103. -->
SECTION 103. IC 33-26-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) This section
applies
instead of IC 4-21.5-5-12 with respect to judicial review of final
determinations of the Indiana board of tax review.
(b) The tax court may receive evidence in addition to that contained
in the record of the determination of the Indiana board of tax review
only if the evidence relates to the validity of the determination at the
time it was taken and is needed to decide disputed issues regarding one
(1) or both of the following:
(1) Improper constitution as a decision making body or grounds
for disqualification of those taking the agency action.
(2) Unlawfulness of procedure or decision making process.
This subsection applies only if the additional evidence could not, by
due diligence, have been discovered and raised in the administrative
proceeding giving rise to a proceeding for judicial review.
(c) The tax court may remand a matter to the Indiana board of tax
review before final disposition of a petition for review with directions
that the Indiana board of tax review conduct further factfinding or that
the Indiana board of tax review prepare an adequate record, if:
(1) the Indiana board of tax review failed to prepare or preserve
an adequate record;
(2) the Indiana board of tax review improperly excluded or
omitted evidence from the record; or
(3) a relevant law changed after the action of the Indiana board of
tax review and the tax court determines that the new provision of
law may control the outcome.
(d) This subsection applies if the record for a judicial review
prepared under IC 6-1.1-15-6 contains an inadequate record of a site
inspection. Rather than remand a matter under subsection (c), the tax
court may take additional evidence not contained in the record relating
only to observations and other evidence collected during a site
inspection conducted by a hearing officer or other employee of the
Indiana board of tax review. The evidence may include the testimony
of a hearing officer only for purposes of verifying or rebutting evidence
regarding the site inspection that is already contained in the record.
SOURCE: IC 33-26-6-6; (07)SE0287.1.104. -->
SECTION 104. IC 33-26-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) This section
applies
instead of IC 4-21.5-5-14 with respect to judicial review of final
determinations of the Indiana board of tax review.
(b) The burden of demonstrating the invalidity of an action taken by
the Indiana board of tax review is on the party to the judicial review
proceeding asserting the invalidity.
(c) The validity of an action taken by the Indiana board of tax
review shall be determined in accordance with the standards of review
provided in this section as applied to the agency action at the time it
was taken.
(d) The tax court shall make findings of fact on each material issue
on which the court's decision is based.
(e) The tax court shall grant relief under section 7 of this chapter
only if the tax court determines that a person seeking judicial relief has
been prejudiced by an action of the Indiana board of tax review that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;
(2) contrary to constitutional right, power, privilege, or immunity;
(3) in excess of statutory jurisdiction, authority, or limitations, or
short of statutory jurisdiction, authority, or limitations;
(4) without observance of procedure required by law; or
(5) unsupported by substantial or reliable evidence.
(f) Subsection (e) may not be construed to change the substantive
precedential law embodied in judicial decisions that are final as of
January 1, 2002.
SOURCE: IC 36-1-8-14.2; (07)SE0287.1.105. -->
SECTION 105. IC 36-1-8-14.2, AS AMENDED BY P.L.181-2006,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 14.2. (a) As used in this section, the
following terms have the meanings set forth in IC 6-1.1-1:
(1) Assessed value.
(2) Exemption.
(3) Owner.
(4) Person.
(5) Property taxation.
(6) Real property.
(7) Township assessor.
(b) As used in this section, "PILOTS" means payments in lieu of
taxes.
(c) As used in this section, "property owner" means the owner of
real property described in IC 6-1.1-10-16.7.
(d) Subject to the approval of a property owner, the governing body
of a political subdivision may adopt an ordinance to require the
property owner to pay PILOTS at times set forth in the ordinance with
respect to real property that is subject to an exemption under
IC 6-1.1-10-16.7, if the improvements that qualify the real property for
an exemption were begun or acquired after December 31, 2001. The
ordinance remains in full force and effect until repealed or modified by
the governing body, subject to the approval of the property owner.
(e) The PILOTS must be calculated so that the PILOTS are in an
amount equal to the amount of property taxes that would have been
levied by the governing body for the political subdivision upon the real
property described in subsection (d) if the property were not subject to
an exemption from property taxation.
(f) PILOTS shall be imposed as are property taxes and shall be
based on the assessed value of the real property described in subsection
(d). Except as provided in subsection (j), the township assessors shall
assess the real property described in subsection (d) as though the
property were not subject to an exemption.
(g) PILOTS collected under this section shall be deposited in the
unit's affordable housing fund established under IC 5-20-5-15.5 and
used for any purpose for which the affordable housing fund may be
used.
(h) PILOTS shall be due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be treated in the same manner as taxes for purposes of all
procedural and substantive provisions of law.
(i) This section does not apply to a county that contains a
consolidated city or to a political subdivision of the county.
(j) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 36-2-5-3; (07)SE0287.1.106. -->
SECTION 106. IC 36-2-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 3. (a) The county
fiscal body shall fix the compensation of officers, deputies, and other
employees whose compensation is payable from the county general
fund, county highway fund, county health fund, county park and
recreation fund, aviation fund, or any other fund from which the county
auditor issues warrants for compensation. This includes the power to:
(1) fix the number of officers, deputies, and other employees;
(2) describe and classify positions and services;
(3) adopt schedules of compensation; and
(4) hire or contract with persons to assist in the development of
schedules of compensation.
(b) Subject to subsection (e), the county fiscal body shall provide
for a county assessor or elected township assessor who has attained a
level two or level three certification under IC 6-1.1-35.5 to receive
annually one thousand dollars ($1,000), which is in addition to and not
part of the annual compensation of the assessor. Subject to subsection
(e), the county fiscal body shall provide for a county or township
deputy assessor who has attained a level two or level three
certification under IC 6-1.1-35.5 to receive annually five hundred
dollars ($500), which is in addition to and not part of the annual
compensation of the county or township deputy assessor.
(c) Notwithstanding subsection (a), the board of each local health
department shall prescribe the duties of all its officers and employees,
recommend the number of positions, describe and classify positions
and services, adopt schedules of compensation, and hire and contract
with persons to assist in the development of schedules of
compensation.
(d) This section does not apply to community corrections programs
(as defined in IC 11-12-1-1 and IC 35-38-2.6-2).
(e) Subsection (b) applies regardless of whether the assessor or
deputy assessor attained the level two certification:
(1) while in office; or
(2) before assuming office.
SOURCE: IC 36-2-6-22; (07)SE0287.1.107. -->
SECTION 107. IC 36-2-6-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 22. (a) As used
in this section, the following terms have the meanings set forth in
IC 6-1.1-1:
(1) Assessed value.
(2) Exemption.
(3) Owner.
(4) Person.
(5) Property taxation.
(6) Real property.
(7) Township assessor.
(b) As used in this section, "PILOTS" means payments in lieu of
taxes.
(c) As used in this section, "property owner" means the owner of
real property described in IC 6-1.1-10-16.7 that is not located in a
county containing a consolidated city.
(d) Subject to the approval of a property owner, the fiscal body of
a county may adopt an ordinance to require the property owner to pay
PILOTS at times set forth in the ordinance with respect to real property
that is subject to an exemption under IC 6-1.1-10-16.7. The ordinance
remains in full force and effect until repealed or modified by the
legislative body, subject to the approval of the property owner.
(e) The PILOTS must be calculated so that the PILOTS are in an
amount equal to the amount of property taxes that would have been
levied upon the real property described in subsection (d) if the property
were not subject to an exemption from property taxation.
(f) PILOTS shall be imposed in the same manner as property taxes
and shall be based on the assessed value of the real property described
in subsection (d).
Except as provided in subsection (i), the township
assessors shall assess the real property described in subsection (d) as
though the property were not subject to an exemption.
(g) PILOTS collected under this section shall be distributed in the
same manner as if they were property taxes being distributed to taxing
units in the county.
(h) PILOTS shall be due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be treated in the same manner as taxes for purposes of all
procedural and substantive provisions of law.
(i) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 36-2-15-5; (07)SE0287.1.108. -->
SECTION 108. IC 36-2-15-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 5. (a) The county
assessor shall perform the functions assigned by statute to the county
assessor, including the following:
(1) Countywide equalization.
(2) Selection and maintenance of a countywide computer system.
(3) Certification of gross assessments to the county auditor.
(4) Discovery of omitted property.
(5) In a county in which the transfer of duties is required by
subsection (e), performance of the assessment duties
prescribed by IC 6-1.1.
(b) The county assessor shall perform the functions of an assessing
official under IC 36-6-5-2 in a township with a township
assessor-trustee if the township assessor-trustee:
(1) fails to make a report that is required by law;
(2) fails to deliver a property tax record to the appropriate officer
or board;
(3) fails to deliver an assessment to the county assessor; or
(4) fails to perform any other assessing duty as required by statute
or rule of the department of local government finance;
within the time period prescribed by statute or rule of the department
or within a later time that is necessitated by reason of another official
failing to perform the official's functions in a timely manner.
(c) A township with a township trustee-assessor may, with the
consent of the township board, enter into an agreement with:
(1) the county assessor; or
(2) another township assessor in the county;
to perform any of the functions of an assessing official. A township
trustee-assessor may not contract for the performance of any function
for a period of time that extends beyond the completion of the township
trustee-assessor's term of office.
(d) A transfer of duties between assessors under subsection (e)
does not affect:
(1) any assessment, assessment appeal, or other official action
made by an assessor before the transfer; or
(2) any pending action against, or the rights of any party that
may possess a legal claim against, an assessor that is not
described in subdivision (1).
Any assessment, assessment appeal, or other official action of an
assessor made by the assessor within the scope of the assessor's
official duties before the transfer is considered as having been
made by the assessor to whom the duties are transferred.
(e) If for a particular general election after June 30, 2008, the
person elected to the office of township assessor or the office of
township trustee-assessor has not attained the certification of a
level two assessor-appraiser as provided in IC 3-8-1-23.5 before the
date the term of office begins, the assessment duties prescribed by
IC 6-1.1 that would otherwise be performed in the township by the
township assessor or township trustee-assessor are transferred to
the county assessor on that date. If assessment duties in a township
are transferred to the county assessor under this subsection, those
assessment duties are transferred back to the township assessor or
township trustee-assessor (as appropriate) if at a later election a
person who has attained the certification of a level two
assessor-appraiser as provided in IC 3-8-1-23.5 is elected to the
office of township assessor or the office of township
trustee-assessor.
(f) If assessment duties in a township are transferred to the
county assessor under subsection (e):
(1) the office of elected township assessor remains vacant for
the period during which the assessment duties prescribed by
IC 6-1.1 are transferred to the county assessor; and
(2) the office of township trustee remains in place for the
purpose of carrying out all functions of the office other than
assessment duties prescribed by IC 6-1.1.
SOURCE: IC 36-2-15-7; (07)SE0287.1.109. -->
SECTION 109. IC 36-2-15-7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]:
Sec. 7. (a) Each county assessor,
elected township assessor, or township trustee-assessor whose
assessment duties prescribed by IC 6-1.1 will be transferred under
section 5 of this chapter shall:
(1) organize the records of the assessor's office relating to the
assessment of tangible property in a manner prescribed by the
department of local government finance; and
(2) transfer the records as directed by the department of local
government finance.
(b) The department of local government finance shall determine
a procedure and schedule for the transfer of the records and
operations. The assessors shall assist each other and coordinate
their efforts to:
(1) ensure an orderly transfer of all records; and
(2) provide for an uninterrupted and professional transition
of the property assessment functions consistent with this
chapter and the directions of the department of local
government finance.
SOURCE: IC 36-2-19-7; (07)SE0287.1.110. -->
SECTION 110. IC 36-2-19-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 7. (a) Except as
provided in subsection (b), in a township in which IC 6-1.1-5-9 or
IC 6-1.1-5-9.1 applies, the county surveyor shall file a duplicate copy
of any plat described in section 4 of this chapter with the township
assessor.
(b) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 36-3-2-10; (07)SE0287.1.111. -->
SECTION 111. IC 36-3-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 10. (a) The
general assembly finds the following:
(1) That the tax base of the consolidated city and the county have
been significantly eroded through the ownership of tangible
property by separate municipal corporations and other public
entities that operate as private enterprises yet are exempt or whose
property is exempt from property taxation.
(2) That to restore this tax base and provide a proper allocation of
the cost of providing governmental services the legislative body
of the consolidated city and county should be authorized to collect
payments in lieu of taxes from these public entities.
(3) That the appropriate maximum payments in lieu of taxes
would be the amount of the property taxes that would be paid if
the tangible property were not subject to an exemption.
(b) As used in this section, the following terms have the meanings
set forth in IC 6-1.1-1:
(1) Assessed value.
(2) Exemption.
(3) Owner.
(4) Person.
(5) Personal property.
(6) Property taxation.
(7) Tangible property.
(8) Township assessor.
(c) As used in this section, "PILOTS" means payments in lieu of
taxes.
(d) As used in this section, "public entity" means any of the
following government entities in the county:
(1) An airport authority operating under IC 8-22-3.
(2) A capital improvement board of managers under IC 36-10-9.
(3) A building authority operating under IC 36-9-13.
(4) A wastewater treatment facility.
(e) The legislative body of the consolidated city may adopt an
ordinance to require a public entity to pay PILOTS at times set forth in
the ordinance with respect to:
(1) tangible property of which the public entity is the owner or the
lessee and that is subject to an exemption;
(2) tangible property of which the owner is a person other than a
public entity and that is subject to an exemption under IC 8-22-3;
or
(3) both.
The ordinance remains in full force and effect until repealed or
modified by the legislative body.
(f) The PILOTS must be calculated so that the PILOTS may be in
any amount that does not exceed the amount of property taxes that
would have been levied by the legislative body for the consolidated city
and county upon the tangible property described in subsection (e) if the
property were not subject to an exemption from property taxation.
(g) PILOTS shall be imposed as are property taxes and shall be
based on the assessed value of the tangible property described in
subsection (e). Except as provided in subsection (l), the township
assessors shall assess the tangible property described in subsection (e)
as though the property were not subject to an exemption. The public
entity shall report the value of personal property in a manner consistent
with IC 6-1.1-3.
(h) Notwithstanding any law to the contrary, a public entity is
authorized to pay PILOTS imposed under this section from any legally
available source of revenues. The public entity may consider these
payments to be operating expenses for all purposes.
(i) PILOTS shall be deposited in the consolidated county fund and
used for any purpose for which the consolidated county fund may be
used.
(j) PILOTS shall be due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be treated in the same manner as taxes for purposes of all
procedural and substantive provisions of law.
(k) PILOTS imposed on a wastewater treatment facility may be paid
only from the cash earnings of the facility remaining after provisions
have been made to pay for current obligations, including:
(1) operating and maintenance expenses;
(2) payment of principal and interest on any bonded indebtedness;
(3) depreciation or replacement fund expenses;
(4) bond and interest sinking fund expenses; and
(5) any other priority fund requirements required by law or by any
bond ordinance, resolution, indenture, contract, or similar
instrument binding on the facility.
(l) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 36-3-2-11; (07)SE0287.1.112. -->
SECTION 112. IC 36-3-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 11. (a) As used
in this section, the following terms have the meanings set forth in
IC 6-1.1-1:
(1) Assessed value.
(2) Exemption.
(3) Owner.
(4) Person.
(5) Property taxation.
(6) Real property.
(7) Township assessor.
(b) As used in this section, "PILOTS" means payments in lieu of
taxes.
(c) As used in this section, "property owner" means the owner of
real property described in IC 6-1.1-10-16.7 that is located in a county
with a consolidated city.
(d) Subject to the approval of a property owner, the legislative body
of the consolidated city may adopt an ordinance to require the property
owner to pay PILOTS at times set forth in the ordinance with respect
to real property that is subject to an exemption under IC 6-1.1-10-16.7.
The ordinance remains in full force and effect until repealed or
modified by the legislative body, subject to the approval of the property
owner.
(e) The PILOTS must be calculated so that the PILOTS are in an
amount that is:
(1) agreed upon by the property owner and the legislative body of
the consolidated city;
(2) a percentage of the property taxes that would have been levied
by the legislative body for the consolidated city and the county
upon the real property described in subsection (d) if the property
were not subject to an exemption from property taxation; and
(3) not more than the amount of property taxes that would have
been levied by the legislative body for the consolidated city and
county upon the real property described in subsection (d) if the
property were not subject to an exemption from property taxation.
(f) PILOTS shall be imposed as are property taxes and shall be
based on the assessed value of the real property described in subsection
(d). Except as provided in subsection (i), the township assessors shall
assess the real property described in subsection (d) as though the
property were not subject to an exemption.
(g) PILOTS collected under this section shall be deposited in the
housing trust fund established under IC 36-7-15.1-35.5 and used for
any purpose for which the housing trust fund may be used.
(h) PILOTS shall be due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be treated in the same manner as taxes for purposes of all
procedural and substantive provisions of law.
(i) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 36-3-5-8; (07)SE0287.1.113. -->
SECTION 113. IC 36-3-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This section
applies whenever a special taxing district of the consolidated city has
the power to issue bonds, notes, or warrants.
(b) Before any bonds, notes, or warrants of a special taxing district
may be issued, the issue must be approved by resolution of the
legislative body of the consolidated city.
(c) Any bonds of a special taxing district must be issued in the
manner prescribed by statute for that district, and the board of the
department having jurisdiction over the district shall:
(1) hold all required hearings;
(2) adopt all necessary resolutions; and
(3) appropriate the proceeds of the bonds;
in that manner. However, the legislative body shall levy each year the
special tax required to pay the principal of and interest on the bonds
and any bank paying charges.
(d) Notwithstanding any other statute, bonds of a special taxing
district may:
(1) be dated;
(2) be issued in any denomination;
(3) mature at any time or times not exceeding fifty (50) years after
their date; and
(4) be payable at any bank or banks;
as determined by the board. The interest rate or rates that the bonds will
bear must be determined by bidding, notwithstanding IC 5-1-11-3.
(e) Bonds of a special taxing district are subject to the provisions of
IC 5-1 and IC 6-1.1-20 relating to the filing of a petition requesting the
issuance of bonds and giving notice of the petition, the giving of notice
of a hearing on the appropriation of the proceeds of bonds, the right of
taxpayers to appear and be heard on the proposed appropriation, the
approval of the appropriation by the department of local government
finance, the right of taxpayers and voters to remonstrate against the
issuance of bonds, and the sale of bonds at public sale.
SOURCE: IC 36-3-7-5; (07)SE0287.1.114. -->
SECTION 114. IC 36-3-7-5, AS AMENDED BY P.L.131-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 5. (a) Liens for taxes levied by the
consolidated city are perfected when evidenced on the tax duplicate in
the office of the treasurer of the county.
(b) Liens created when the city enters upon property to make
improvements to bring it into compliance with a city ordinance, and
liens created upon failure to pay charges assessed by the city for
services shall be certified to the auditor, after the adoption of a
resolution confirming the incurred expense by the appropriate city
department, board, or other agency. In addition, the resolution must
state the name of the owner as it appears on the township assessor's or
county assessor's record and a description of the property.
(c) The amount of a lien shall be placed on the tax duplicate by the
auditor in the nature of a delinquent tax subject to enforcement and
collection as otherwise provided under IC 6-1.1-22, IC 6-1.1-24, and
IC 6-1.1-25. However, the amount of the lien is not considered a tax
within the meaning of IC 6-1.1-21-2(b) and shall not be included as a
part of either a total county tax levy under IC 6-1.1-21-2(g) or the tax
liability of a taxpayer under IC 6-1.1-21-5 for purposes of the tax credit
computations under IC 6-1.1-21-4 and IC 6-1.1-21-5.
SOURCE: IC 36-5-1-3; (07)SE0287.1.115. -->
SECTION 115. IC 36-5-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 3. (a) A petition
for incorporation must be accompanied by the following items, to be
supplied at the expense of the petitioners:
(1) A survey, certified by a surveyor registered under IC 25-21.5,
showing the boundaries of and quantity of land contained in the
territory sought to be incorporated.
(2) An enumeration of the territory's residents and landowners and
their mailing addresses, completed not more than thirty (30) days
before the time of filing of the petition and verified by the persons
supplying it.
(3) Except as provided in subsection (b), a statement of the
assessed valuation of all real property within the territory,
certified by the assessors of the townships in which the territory
is located.
(4) A statement of the services to be provided to the residents of
the proposed town and the approximate times at which they are to
be established.
(5) A statement of the estimated cost of the services to be
provided and the proposed tax rate for the town.
(6) The name to be given to the proposed town.
(b) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 36-5-2-11; (07)SE0287.1.116. -->
SECTION 116. IC 36-5-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The
legislative body may issue bonds for the purpose of procuring money
to be used in the exercise of the powers of the town and for the
payment of town debts. However, a town may not issue bonds to
procure money to pay current expenses.
(b) Bonds issued under this section are payable in the amounts and
at the times determined by the legislative body.
(c) Bonds issued under this section are subject to the provisions of
IC 5-1 and IC 6-1.1-20 relating to the filing of a petition requesting the
issuance of bonds and giving notice of the petition, the giving of notice
of a hearing on the appropriation of the proceeds of bonds, the right of
taxpayers to appear and be heard on the proposed appropriation, the
approval of the appropriation by the department of local government
finance, the right of taxpayers
and voters to remonstrate against the
issuance of bonds, and the sale of bonds at public sale for not less than
their par value.
(d) The legislative body may, by ordinance, make loans of money
for not more than five (5) years and issue notes for the purpose of
refunding those loans. The loans may be made only for the purpose of
procuring money to be used in the exercise of the powers of the town,
and the total amount of outstanding loans under this subsection may not
exceed five percent (5%) of the town's total tax levy in the current year
(excluding amounts levied to pay debt service and lease rentals). Loans
under this subsection shall be made as follows:
(1) The ordinance authorizing the loans must pledge to their
payment a sufficient amount of tax revenues over the ensuing five
(5) years to provide for refunding the loans.
(2) The loans must be evidenced by notes of the town in terms
designating the nature of the consideration, the time and place
payable, and the revenues out of which they will be payable.
(3) The interest accruing on the notes to the date of maturity may
be added to and included in their face value or be made payable
periodically, as provided in the ordinance.
Notes issued under this subsection are not bonded indebtedness for
purposes of IC 6-1.1-18.5.
SOURCE: IC 36-6-5-1; (07)SE0287.1.117. -->
SECTION 117. IC 36-6-5-1, AS AMENDED BY P.L.240-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 1. (a) Except as provided in subsection (f),
a township assessor shall be elected under IC 3-10-2-13 by the voters
of each township having:
(1) a population of more than eight thousand (8,000); or
(2) an elected township assessor or the authority to elect a
township assessor before January 1, 1979.
(b) Except as provided in subsection (f), a township assessor shall
be elected under IC 3-10-2-14 in each township having a population of
more than five thousand (5,000) but not more than eight thousand
(8,000), if the legislative body of the township:
(1) by resolution, declares that the office of township assessor is
necessary; and
(2) the resolution is filed with the county election board not later
than the first date that a declaration of candidacy may be filed
under IC 3-8-2.
(c) Except as provided in subsection (f), a township government
that is created by merger under IC 36-6-1.5 shall elect only one (1)
township assessor under this section.
(d) The township assessor must reside within the township as
provided in Article 6, Section 6 of the Constitution of the State of
Indiana. The assessor forfeits office if the assessor ceases to be a
resident of the township.
(e) The term of office of a township assessor is four (4) years,
beginning January 1 after election and continuing until a successor is
elected and qualified. However, the term of office of a township
assessor elected at a general election in which no other township
officer is elected ends on December 31 after the next election in which
any other township officer is elected.
(f) A person who runs for the office of township assessor in an
election after June 30, 2008, is subject to IC 3-8-1-23.5.
SOURCE: IC 36-6-5-2; (07)SE0287.1.118. -->
SECTION 118. IC 36-6-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 2. (a) This section
applies to townships that do not have an elected or appointed and
qualified township assessor.
(b) Except as provided in subsection (e), the township executive
shall perform all the duties and has all the rights and powers of
assessor.
(c) If a township qualifies under IC 36-6-5-1 to elect a township
assessor, the executive shall continue to serve as assessor until:
(1) an assessor is appointed or elected and qualified; or
(2) the duties of the township assessor are transferred to the
county assessor as described in IC 6-1.1-1-24.
(c) (d) The bond filed by the executive in his the capacity as
executive also covers his the executive's duties as assessor.
(e) Subsection (b) does not apply if the duties of the township
assessor have been transferred to the county assessor as described
in IC 6-1.1-1-24.
SOURCE: IC 36-6-5-3; (07)SE0287.1.119. -->
SECTION 119. IC 36-6-5-3, AS AMENDED BY P.L.162-2006,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 3. (a) Except as provided in subsection (b),
the assessor shall perform the duties prescribed by statute, including
assessment duties prescribed by IC 6-1.1.
(b) Subsection (a) does not apply if the duties of the township
assessor have been transferred to the county assessor as described
in IC 6-1.1-1-24.
SOURCE: IC 36-6-8-6; (07)SE0287.1.120. -->
SECTION 120. IC 36-6-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a)
Subject to
subsection (e), a township assessor who becomes a certified level
2
two or level three Indiana assessor-appraiser is entitled to
a salary
increase of receive annually one thousand dollars ($1,000) after the
assessor's certification under IC 6-1.1-35.5,
which is in addition to
and not part of the annual compensation of the township assessor.
(b) A certified level
2 two or level three Indiana assessor-appraiser
who replaces a township assessor who is not so certified is entitled to
a salary of receive annually one thousand dollars ($1,000) more than
the salary of the person's predecessor,
which is in addition to and not
part of the annual compensation of the township assessor.
(c)
Subject to subsection (e), an employee of a township assessor
who becomes a certified level
2 two or level three Indiana
assessor-appraiser is entitled to
a salary increase of receive annually
five hundred dollars ($500) after the employee's certification under
IC 6-1.1-35.5, which is in addition to and not part of the annual
compensation of the employee.
(d) A salary increase under this section comprises a part of the
township assessor's or employee's base salary township assessor or
employee who becomes entitled to receive an additional amount
under this section is entitled to receive the additional amount for as
long as the person serves in that position and maintains the level 2 two
or level three certification.
(e) Subsections (a) and (c) apply regardless of whether the
township assessor or employee of a township assessor becomes a
certified level two assessor-appraiser:
(1) while:
(A) in office; or
(B) employed by the township assessor; or
(2) before:
(A) assuming office; or
(B) beginning employment by the township assessor.
SOURCE: IC 36-7-11.2-11; (07)SE0287.1.121. -->
SECTION 121. IC 36-7-11.2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 11. As used in
this chapter, "notice" means written notice:
(1) served personally upon the person, official, or office entitled
to the notice; or
(2) served upon the person, official, or office by placing the notice
in the United States mail, first class postage prepaid, properly
addressed to the person, official, or office. Notice is considered
served if mailed in the manner prescribed by this subdivision
properly addressed to the following:
(A) The governor, both to the address of the governor's official
residence and to the governor's executive office in
Indianapolis.
(B) The Indiana department of transportation, to the
commissioner.
(C) The department of natural resources, both to the director
of the department and to the director of the department's
division of historic preservation and archeology.
(D) The department of metropolitan development.
(E) An occupant, to:
(i) the person by name; or
(ii) if the name is unknown, to the "Occupant" at the address
of the Meridian Street or bordering property occupied by the
person.
(F) An owner, to the person by the name shown to be the name
of the owner, and at the person's address, as the address
appears in the records in the bound volumes of the most recent
real estate tax assessment records as the records appear in:
(i) the offices of the township assessors; or
(ii) the office of the county assessor;
in Marion County.
(G) A neighborhood association or the society, to the
organization at the latest address as shown in the records of the
commission.
SOURCE: IC 36-7-11.2-58; (07)SE0287.1.122. -->
SECTION 122. IC 36-7-11.2-58 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 58. (a) A person
who has filed a petition under section 56 or 57 of this chapter shall, not
later than ten (10) days after the filing, serve notice upon all interested
parties. The notice must state the following:
(1) The full name and address of the following:
(A) The petitioner.
(B) Each attorney acting for and on behalf of the petitioner.
(2) The street address of the Meridian Street and bordering
property for which the petition was filed.
(3) The name of the owner of the property.
(4) The full name and address of, and the type of business, if any,
conducted by:
(A) each person who at the time of the filing is a party to; and
(B) each person who is a disclosed or an undisclosed principal
for whom the party was acting as agent in entering into;
a contract of sale, lease, option to purchase or lease, agreement to
build or develop, or other written agreement of any kind or nature
concerning the subject property or the present or future
ownership, use, occupancy, possession, or development of the
subject property.
(5) A description of the contract of sale, lease, option to purchase
or lease, agreement to build or develop, or other written
agreement sufficient to disclose the full nature of the interest of
the party or of the party's principal in the subject property or in
the present or future ownership, use, occupancy, possession, or
development of the subject property.
(6) A description of the proposed use for which the rezoning or
zoning variance is sought, sufficiently detailed to appraise the
notice recipient of the true character, nature, extent, and physical
properties of the proposed use.
(7) The date of the filing of the petition.
(8) The date, time, and place of the next regular meeting of the
commission if a petition is for approval of a zoning variance. If a
petition is filed with the development commission, the notice does
not have to specify the date of a hearing before the commission or
the development commission. However, the person filing the
petition shall give ten (10) days notice of the date, time, and place
of a hearing before the commission on the petition after the
referral of the petition to the commission by the development
commission.
(b) For purposes of giving notice to the interested parties who are
owners, the records in the bound volumes of the recent real estate tax
assessment records as the records appear in:
(1) the offices of the township assessors; or
(2) the office of the county assessor;
as of the date of filing are considered determinative of the persons who
are owners.
SOURCE: IC 36-7-11.3-6; (07)SE0287.1.123. -->
SECTION 123. IC 36-7-11.3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 6. As used in this
chapter, "notice" means written notice:
(1) served personally upon the person, official, or office entitled
to the notice; or
(2) served upon the person, official, or office by placing the notice
in the United States mail, first class postage prepaid, properly
addressed to the person, official, or office. Notice is considered
served if mailed in the manner prescribed by this subdivision
properly addressed to the following:
(A) The governor, both to the address of the governor's official
residence and to the governor's executive office in
Indianapolis.
(B) The Indiana department of transportation, to the
commissioner.
(C) The department of natural resources, both to the director
of the department and to the director of the department's
division of historic preservation and archeology.
(D) The municipal plan commission.
(E) An occupant, to:
(i) the person by name; or
(ii) if the name is unknown,
to the "Occupant" at the address
of the primary or secondary property occupied by the person.
(F) An owner, to the person by the name shown to be the name
of the owner, and at the person's address, as appears in the
records in the bound volumes of the most recent real estate tax
assessment records as the records appear in:
(i) the offices of the township assessors; in or
(ii) the office of the county assessor.
(G) The society, to the organization at the latest address as
shown in the records of the commission.
SOURCE: IC 36-7-11.3-52; (07)SE0287.1.124. -->
SECTION 124. IC 36-7-11.3-52 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 52. (a) A person
who has filed a petition under section 50 or 51 of this chapter shall, not
later than ten (10) days after the filing, serve notice upon all interested
parties. The notice must state the following:
(1) The full name and address of the following:
(A) The petitioner.
(B) Each attorney acting for and on behalf of the petitioner.
(2) The street address of the primary and secondary property for
which the petition was filed.
(3) The name of the owner of the property.
(4) The full name and address of and the type of business, if any,
conducted by:
(A) each person who at the time of the filing is a party to; and
(B) each person who is a disclosed or an undisclosed principal
for whom the party was acting as agent in entering into;
a contract of sale, lease, option to purchase or lease, agreement to
build or develop, or other written agreement of any kind or nature
concerning the subject property or the present or future
ownership, use, occupancy, possession, or development of the
subject property.
(5) A description of the contract of sale, lease, option to purchase
or lease, agreement to build or develop, or other written
agreement sufficient to disclose the full nature of the interest of
the party or of the party's principal in the subject property or in
the present or future ownership, use, occupancy, possession, or
development of the subject property.
(6) A description of the proposed use for which the rezoning or
zoning variance is sought, sufficiently detailed to appraise the
notice recipient of the true character, nature, extent, and physical
properties of the proposed use.
(7) The date of the filing of the petition.
(8) The date, time, and place of the next regular meeting of the
commission if a petition is for approval of a zoning variance. If a
petition is filed with the development commission, the notice does
not have to specify the date of a hearing before the commission or
the development commission. However, the person filing the
petition shall give ten (10) days notice of the date, time, and place
of a hearing before the commission on the petition after the
referral of the petition to the commission by the development
commission.
(b) For purposes of giving notice to the interested parties who are
owners, the records in the bound volumes of the recent real estate tax
assessment records as the records appear in:
(1) the offices of the township assessors; or
(2) the office of the county assessor;
as of the date of filing are considered determinative of the persons who
are owners.
SOURCE: IC 36-7-14-25.1; (07)SE0287.1.125. -->
SECTION 125. IC 36-7-14-25.1, AS AMENDED BY P.L.185-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25.1. (a) In addition to other methods of
raising money for property acquisition or redevelopment in a
redevelopment project area, and in anticipation of the special tax to be
levied under section 27 of this chapter, the taxes allocated under
section 39 of this chapter, or other revenues of the district, or any
combination of these sources, the redevelopment commission may, by
resolution and subject to subsection (p), issue the bonds of the special
taxing district in the name of the unit. The amount of the bonds may
not exceed the total, as estimated by the commission, of all expenses
reasonably incurred in connection with the acquisition and
redevelopment of the property, including:
(1) the total cost of all land, rights-of-way, and other property to
be acquired and redeveloped;
(2) all reasonable and necessary architectural, engineering, legal,
financing, accounting, advertising, bond discount, and
supervisory expenses related to the acquisition and redevelopment
of the property or the issuance of bonds;
(3) capitalized interest permitted by this chapter and a debt
service reserve for the bonds to the extent the redevelopment
commission determines that a reserve is reasonably required; and
(4) expenses that the redevelopment commission is required or
permitted to pay under IC 8-23-17.
(b) If the redevelopment commission plans to acquire different
parcels of land or let different contracts for redevelopment work at
approximately the same time, whether under one (1) or more
resolutions, the commission may provide for the total cost in one (1)
issue of bonds.
(c) The bonds must be dated as set forth in the bond resolution and
negotiable, subject to the requirements of the bond resolution for
registering the bonds. The resolution authorizing the bonds must state:
(1) the denominations of the bonds;
(2) the place or places at which the bonds are payable; and
(3) the term of the bonds, which may not exceed fifty (50) years.
The resolution may also state that the bonds are redeemable before
maturity with or without a premium, as determined by the
redevelopment commission.
(d) The redevelopment commission shall certify a copy of the
resolution authorizing the bonds to the municipal or county fiscal
officer, who shall then prepare the bonds, subject to subsection (p). The
seal of the unit must be impressed on the bonds, or a facsimile of the
seal must be printed on the bonds.
(e) The bonds must be executed by the appropriate officer of the
unit, and attested by the municipal or county fiscal officer.
(f) The bonds are exempt from taxation for all purposes.
(g) The municipal or county fiscal officer shall give notice of the
sale of the bonds by publication in accordance with IC 5-3-1. The
municipal fiscal officer, or county fiscal officer or executive, shall sell
the bonds to the highest bidder, but may not sell them for less than
ninety-seven percent (97%) of their par value. However, bonds payable
solely or in part from tax proceeds allocated under section 39(b)(2) of
this chapter, or other revenues of the district may be sold at a private
negotiated sale.
(h) Except as provided in subsection (i), a redevelopment
commission may not issue the bonds when the total issue, including
bonds already issued and to be issued, exceeds two percent (2%) of the
adjusted value of the taxable property in the special taxing district, as
determined under IC 36-1-15.
(i) The bonds are not a corporate obligation of the unit but are an
indebtedness of the taxing district. The bonds and interest are payable,
as set forth in the bond resolution of the redevelopment commission:
(1) from a special tax levied upon all of the property in the taxing
district, as provided by section 27 of this chapter;
(2) from the tax proceeds allocated under section 39(b)(2) of this
chapter;
(3) from other revenues available to the redevelopment
commission; or
(4) from a combination of the methods stated in subdivisions (1)
through (3).
If the bonds are payable solely from the tax proceeds allocated under
section 39(b)(2) of this chapter, other revenues of the redevelopment
commission, or any combination of these sources, they may be issued
in any amount without limitation.
(j) Proceeds from the sale of bonds may be used to pay the cost of
interest on the bonds for a period not to exceed five (5) years from the
date of issuance.
(k) All laws relating to the giving of notice of the issuance of bonds,
the giving of notice of a hearing on the appropriation of the proceeds
of the bonds, the right of taxpayers to appear and be heard on the
proposed appropriation, and the approval of the appropriation by the
department of local government finance apply to all bonds issued under
this chapter that are payable from the special benefits tax levied
pursuant to section 27 of this chapter or from taxes allocated under
section 39 of this chapter.
(l) All laws relating to the filing of petitions requesting the issuance
of bonds and the right of taxpayers and voters to remonstrate against
the issuance of bonds apply to bonds issued under this chapter, except
for bonds payable solely from tax proceeds allocated under section
39(b)(2) of this chapter, other revenues of the redevelopment
commission, or any combination of these sources.
(m) If a debt service reserve is created from the proceeds of bonds,
the debt service reserve may be used to pay principal and interest on
the bonds as provided in the bond resolution.
(n) Any amount remaining in the debt service reserve after all of the
bonds of the issue for which the debt service reserve was established
have matured shall be deposited in the allocation fund established
under section 39(b)(2) of this chapter.
(o) If bonds are issued under this chapter that are payable solely or
in part from revenues to the redevelopment commission from a project
or projects, the redevelopment commission may adopt a resolution or
trust indenture or enter into covenants as is customary in the issuance
of revenue bonds. The resolution or trust indenture may pledge or
assign the revenues from the project or projects, but may not convey or
mortgage any project or parts of a project. The resolution or trust
indenture may also contain any provisions for protecting and enforcing
the rights and remedies of the bond owners as may be reasonable and
proper and not in violation of law, including covenants setting forth the
duties of the redevelopment commission. The redevelopment
commission may establish fees and charges for the use of any project
and covenant with the owners of any bonds to set those fees and
charges at a rate sufficient to protect the interest of the owners of the
bonds. Any revenue bonds issued by the redevelopment commission
that are payable solely from revenues of the commission shall contain
a statement to that effect in the form of bond.
(p) If the total principal amount of bonds authorized by a resolution
of the redevelopment commission is equal to or greater than three
million dollars ($3,000,000), the bonds may not be issued without the
approval, by resolution, of the legislative body of the unit.
SOURCE: IC 36-7-14-48; (07)SE0287.1.126. -->
SECTION 126. IC 36-7-14-48, AS ADDED BY P.L.154-2006,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 48. (a) Notwithstanding section 39(a) of this
chapter, with respect to the allocation and distribution of property taxes
for the accomplishment of a program adopted under section 45 of this
chapter, "base assessed value" means the net assessed value of all of
the property, other than personal property, as finally determined for the
assessment date immediately preceding the effective date of the
allocation provision, as adjusted under section 39(h) of this chapter.
(b) The allocation fund established under section 39(b) of this
chapter for the allocation area for a program adopted under section 45
of this chapter may be used only for purposes related to the
accomplishment of the program, including the following:
(1) The construction, rehabilitation, or repair of residential units
within the allocation area.
(2) The construction, reconstruction, or repair of any
infrastructure (including streets, sidewalks, and sewers) within or
serving the allocation area.
(3) The acquisition of real property and interests in real property
within the allocation area.
(4) The demolition of real property within the allocation area.
(5) The provision of financial assistance to enable individuals and
families to purchase or lease residential units within the allocation
area. However, financial assistance may be provided only to those
individuals and families whose income is at or below the county's
median income for individuals and families, respectively.
(6) The provision of financial assistance to neighborhood
development corporations to permit them to provide financial
assistance for the purposes described in subdivision (5).
(7) Providing each taxpayer in the allocation area a credit for
property tax replacement as determined under subsections (c) and
(d). However, the commission may provide this credit only if the
municipal legislative body (in the case of a redevelopment
commission established by a municipality) or the county
executive (in the case of a redevelopment commission established
by a county) establishes the credit by ordinance adopted in the
year before the year in which the credit is provided.
(c) The maximum credit that may be provided under subsection
(b)(7) to a taxpayer in a taxing district that contains all or part of an
allocation area established for a program adopted under section 45 of
this chapter shall be determined as follows:
STEP ONE: Determine that part of the sum of the amounts
described in IC 6-1.1-21-2(g)(1)(A) and IC 6-1.1-21-2(g)(2)
through IC 6-1.1-21-2(g)(5) that is attributable to the taxing
district.
STEP TWO: Divide:
(A) that part of each county's eligible property tax replacement
amount (as defined in IC 6-1.1-21-2) for that year as
determined under IC 6-1.1-21-4(a)(1) that is attributable to the
taxing district; by
(B) the amount determined under STEP ONE.
STEP THREE: Multiply:
(A) the STEP TWO quotient; by
(B) the taxpayer's taxes (as defined in IC 6-1.1-21-2) levied in
the taxing district allocated to the allocation fund, including
the amount that would have been allocated but for the credit.
(d) The commission may determine to grant to taxpayers in an
allocation area from its allocation fund a credit under this section, as
calculated under subsection (c). Except as provided in subsection (g),
one-half (1/2) of the credit shall be applied to each installment of taxes
(as defined in IC 6-1.1-21-2) that under IC 6-1.1-22-9 are due and
payable on May 10 and November 10 of in a year. The commission
must provide for the credit annually by a resolution and must find in
the resolution the following:
(1) That the money to be collected and deposited in the allocation
fund, based upon historical collection rates, after granting the
credit will equal the amounts payable for contractual obligations
from the fund, plus ten percent (10%) of those amounts.
(2) If bonds payable from the fund are outstanding, that there is
a debt service reserve for the bonds that at least equals the amount
of the credit to be granted.
(3) If bonds of a lessor under section 25.2 of this chapter or under
IC 36-1-10 are outstanding and if lease rentals are payable from
the fund, that there is a debt service reserve for those bonds that
at least equals the amount of the credit to be granted.
If the tax increment is insufficient to grant the credit in full, the
commission may grant the credit in part, prorated among all taxpayers.
(e) Notwithstanding section 39(b) of this chapter, the allocation
fund established under section 39(b) of this chapter for the allocation
area for a program adopted under section 45 of this chapter may only
be used to do one (1) or more of the following:
(1) Accomplish one (1) or more of the actions set forth in section
39(b)(2)(A) through 39(b)(2)(H) and 39(b)(2)(J) of this chapter
for property that is residential in nature.
(2) Reimburse the county or municipality for expenditures made
by the county or municipality in order to accomplish the housing
program in that allocation area.
The allocation fund may not be used for operating expenses of the
commission.
(f) Notwithstanding section 39(b) of this chapter, the commission
shall, relative to the allocation fund established under section 39(b) of
this chapter for an allocation area for a program adopted under section
45 of this chapter, do the following before July 15 of each year:
(1) Determine the amount, if any, by which property taxes payable
to the allocation fund in the following year will exceed the
amount of property taxes necessary:
(A) to make, when due, principal and interest payments on
bonds described in section 39(b)(2) of this chapter;
(B) to pay the amount necessary for other purposes described
in section 39(b)(2) of this chapter; and
(C) to reimburse the county or municipality for anticipated
expenditures described in subsection (e)(2).
(2) Notify the county auditor of the amount, if any, of excess
property taxes that the commission has determined may be paid
to the respective taxing units in the manner prescribed in section
39(b)(1) of this chapter.
(g) This subsection applies to an allocation area only to the extent
that the net assessed value of property that is assessed as residential
property under the rules of the department of local government finance
is not included in the base assessed value. If property tax installments
with respect to a homestead (as defined in IC 6-1.1-20.9-1) are due in
installments established by the department of local government finance
under IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection (d)
for the taxes (as defined in IC 6-1.1-21-2) due in installments. The
credit shall be applied in the same proportion to each installment of
taxes (as defined in IC 6-1.1-21-2).
SOURCE: IC 36-7-14.5-12.5; (07)SE0287.1.127. -->
SECTION 127. IC 36-7-14.5-12.5, AS AMENDED BY P.L.1-2006,
SECTION 567, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12.5. (a) This section applies
only to an authority in a county having a United States government
military base that is scheduled for closing or is completely or partially
inactive or closed.
(b) In order to accomplish the purposes set forth in section 11 of this
chapter, an authority may create an economic development area:
(1) by following the procedures set forth in IC 36-7-14-41 for the
establishment of an economic development area by a
redevelopment commission; and
(2) with the same effect as if the economic development area was
created by a redevelopment commission.
The area established under this section shall be established only in the
area where a United States government military base that is scheduled
for closing or is completely or partially inactive or closed is or was
located.
(c) In order to accomplish the purposes set forth in section 11 of this
chapter, an authority may do the following in a manner that serves an
economic development area created under this section:
(1) Acquire by purchase, exchange, gift, grant, condemnation, or
lease, or any combination of methods, any personal property or
interest in real property needed for the redevelopment of
economic development areas located within the corporate
boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract, or
other instrument), exchange, lease, rent, or otherwise dispose of
property acquired for use in the redevelopment of economic
development areas on the terms and conditions that the authority
considers best for the unit and the unit's inhabitants.
(3) Sell, lease, or grant interests in all or part of the real property
acquired for redevelopment purposes to any other department of
the unit or to any other governmental agency for public ways,
levees, sewerage, parks, playgrounds, schools, and other public
purposes on any terms that may be agreed on.
(4) Clear real property acquired for redevelopment purposes.
(5) Repair and maintain structures acquired for redevelopment
purposes.
(6) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired for redevelopment purposes.
(7) Survey or examine any land to determine whether the land
should be included within an economic development area to be
acquired for redevelopment purposes and to determine the value
of that land.
(8) Appear before any other department or agency of the unit, or
before any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for
redevelopment purposes; or
(B) any economic development area within the jurisdiction of
the authority.
(9) Institute or defend in the name of the unit any civil action, but
all actions against the authority must be brought in the circuit or
superior court of the county where the authority is located.
(10) Use any legal or equitable remedy that is necessary or
considered proper to protect and enforce the rights of and perform
the duties of the authority.
(11) Exercise the power of eminent domain in the name of and
within the corporate boundaries of the unit subject to the same
conditions and procedures that apply to the exercise of the power
of eminent domain by a redevelopment commission under
IC 36-7-14.
(12) Appoint an executive director, appraisers, real estate experts,
engineers, architects, surveyors, and attorneys.
(13) Appoint clerks, guards, laborers, and other employees the
authority considers advisable, except that those appointments
must be made in accordance with the merit system of the unit if
such a system exists.
(14) Prescribe the duties and regulate the compensation of
employees of the authority.
(15) Provide a pension and retirement system for employees of
the authority by using the public employees' retirement fund or a
retirement plan approved by the United States Department of
Housing and Urban Development.
(16) Discharge and appoint successors to employees of the
authority subject to subdivision (13).
(17) Rent offices for use of the department or authority, or accept
the use of offices furnished by the unit.
(18) Equip the offices of the authority with the necessary
furniture, furnishings, equipment, records, and supplies.
(19) Design, order, contract for, and construct, reconstruct,
improve, or renovate the following:
(A) Any local public improvement or structure that is
necessary for redevelopment purposes or economic
development within the corporate boundaries of the unit.
(B) Any structure that enhances development or economic
development.
(20) Contract for the construction, extension, or improvement of
pedestrian skyways (as defined in IC 36-7-14-12.2(c)).
(21) Accept loans, grants, and other forms of financial assistance
from, or contract with, the federal government, the state
government, a municipal corporation, a special taxing district, a
foundation, or any other source.
(22) Make and enter into all contracts and agreements necessary
or incidental to the performance of the duties of the authority and
the execution of the powers of the authority under this chapter.
(23) Take any action necessary to implement the purpose of the
authority.
(24) Provide financial assistance, in the manner that best serves
the purposes set forth in section 11 of this chapter, including
grants and loans, to enable private enterprise to develop,
redevelop, and reuse military base property or otherwise enable
private enterprise to provide social and economic benefits to the
citizens of the unit.
(d) An authority may designate all or a portion of an economic
development area created under this section as an allocation area by
following the procedures set forth in IC 36-7-14-39 for the
establishment of an allocation area by a redevelopment commission.
The allocation provision may modify the definition of "property taxes"
under IC 36-7-14-39(a) to include taxes imposed under IC 6-1.1 on the
depreciable personal property located and taxable on the site of
operations of designated taxpayers in accordance with the procedures
applicable to a commission under IC 36-7-14-39.3. IC 36-7-14-39.3
applies to such a modification. An allocation area established by an
authority under this section is a special taxing district authorized by the
general assembly to enable the unit to provide special benefits to
taxpayers in the allocation area by promoting economic development
that is of public use and benefit. For allocation areas established for an
economic development area created under this section after June 30,
1997, and to the expanded portion of an allocation area for an
economic development area that was established before June 30, 1997,
and that is expanded under this section after June 30, 1997, the net
assessed value of property that is assessed as residential property under
the rules of the department of local government finance, as finally
determined for any assessment date, must be allocated. All of the
provisions of IC 36-7-14-39, IC 36-7-14-39.1, and IC 36-7-14-39.5
apply to an allocation area created under this section, except that the
authority shall be vested with the rights and duties of a commission as
referenced in those sections, and except that, notwithstanding
IC 36-7-14-39(b)(2), property tax proceeds paid into the allocation
fund may be used by the authority only to do one (1) or more of the
following:
(1) Pay the principal of and interest and redemption premium on
any obligations incurred by the special taxing district or any other
entity for the purpose of financing or refinancing military base
reuse activities in or serving or benefiting that allocation area.
(2) Establish, augment, or restore the debt service reserve for
obligations payable solely or in part from allocated tax proceeds
in that allocation area or from other revenues of the authority
(including lease rental revenues).
(3) Make payments on leases payable solely or in part from
allocated tax proceeds in that allocation area.
(4) Reimburse any other governmental body for expenditures
made by it for local public improvements or structures in or
serving or benefiting that allocation area.
(5) Pay all or a portion of a property tax replacement credit to
taxpayers in an allocation area as determined by the authority.
This credit equals the amount determined under the following
STEPS for each taxpayer in a taxing district (as defined in
IC 6-1.1-1-20) that contains all or part of the allocation area:
STEP ONE: Determine that part of the sum of the amounts
under IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2),
IC 6-1.1-21-2(g)(3), IC 6-1.1-21-2(g)(4), and
IC 6-1.1-21-2(g)(5) that is attributable to the taxing district.
STEP TWO: Divide:
(A) that part of each county's eligible property tax
replacement amount (as defined in IC 6-1.1-21-2) for that
year as determined under IC 6-1.1-21-4 that is attributable
to the taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; by
(B) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that have been
allocated during that year to an allocation fund under this
section.
If not all the taxpayers in an allocation area receive the credit in
full, each taxpayer in the allocation area is entitled to receive the
same proportion of the credit. A taxpayer may not receive a credit
under this section and a credit under IC 36-7-14-39.5 in the same
year.
(6) Pay expenses incurred by the authority for local public
improvements or structures that are in the allocation area or
serving or benefiting the allocation area.
(7) Reimburse public and private entities for expenses incurred in
training employees of industrial facilities that are located:
(A) in the allocation area; and
(B) on a parcel of real property that has been classified as
industrial property under the rules of the department of local
government finance.
However, the total amount of money spent for this purpose in any
year may not exceed the total amount of money in the allocation
fund that is attributable to property taxes paid by the industrial
facilities described in clause (B). The reimbursements under this
subdivision must be made within three (3) years after the date on
which the investments that are the basis for the increment
financing are made. The allocation fund may not be used for
operating expenses of the authority.
(e) In addition to other methods of raising money for property
acquisition, redevelopment, or economic development activities in or
directly serving or benefitting an economic development area created
by an authority under this section, and in anticipation of the taxes
allocated under subsection (d), other revenues of the authority, or any
combination of these sources, the authority may, by resolution, issue
the bonds of the special taxing district in the name of the unit. Bonds
issued under this section may be issued in any amount without
limitation. The following apply if such a resolution is adopted:
(1) The authority shall certify a copy of the resolution authorizing
the bonds to the municipal or county fiscal officer, who shall then
prepare the bonds. The seal of the unit must be impressed on the
bonds, or a facsimile of the seal must be printed on the bonds.
(2) The bonds must be executed by the appropriate officer of the
unit and attested by the unit's fiscal officer.
(3) The bonds are exempt from taxation for all purposes.
(4) Bonds issued under this section may be sold at public sale in
accordance with IC 5-1-11 or at a negotiated sale.
(5) The bonds are not a corporate obligation of the unit but are an
indebtedness of the taxing district. The bonds and interest are
payable, as set forth in the bond resolution of the authority:
(A) from the tax proceeds allocated under subsection (d);
(B) from other revenues available to the authority; or
(C) from a combination of the methods stated in clauses (A)
and (B).
(6) Proceeds from the sale of bonds may be used to pay the cost
of interest on the bonds for a period not to exceed five (5) years
from the date of issuance.
(7) Laws relating to the filing of petitions requesting the issuance
of bonds and the right of taxpayers and voters to remonstrate
against the issuance of bonds do not apply to bonds issued under
this section.
(8) If a debt service reserve is created from the proceeds of bonds,
the debt service reserve may be used to pay principal and interest
on the bonds as provided in the bond resolution.
(9) If bonds are issued under this chapter that are payable solely
or in part from revenues to the authority from a project or
projects, the authority may adopt a resolution or trust indenture or
enter into covenants as is customary in the issuance of revenue
bonds. The resolution or trust indenture may pledge or assign the
revenues from the project or projects. The resolution or trust
indenture may also contain any provisions for protecting and
enforcing the rights and remedies of the bond owners as may be
reasonable and proper and not in violation of law, including
covenants setting forth the duties of the authority. The authority
may establish fees and charges for the use of any project and
covenant with the owners of any bonds to set those fees and
charges at a rate sufficient to protect the interest of the owners of
the bonds. Any revenue bonds issued by the authority that are
payable solely from revenues of the authority shall contain a
statement to that effect in the form of bond.
(f) Notwithstanding section 8(a) of this chapter, an ordinance
adopted under section 11 of this chapter may provide, or be amended
to provide, that the board of directors of the authority shall be
composed of not fewer than three (3) nor more than eleven (11)
members, who must be residents of the unit appointed by the executive
of the unit.
(g) The acquisition of real and personal property by an authority
under this section is not subject to the provisions of IC 5-22,
IC 36-1-10.5, IC 36-7-14-19, or any other statutes governing the
purchase of property by public bodies or their agencies.
(h) An authority may negotiate for the sale, lease, or other
disposition of real and personal property without complying with the
provisions of IC 5-22-22, IC 36-1-11, IC 36-7-14-22, or any other
statute governing the disposition of public property.
(i) Notwithstanding any other law, utility services provided within
an economic development area established under this section are
subject to regulation by the appropriate regulatory agencies unless the
utility service is provided by a utility that provides utility service solely
within the geographic boundaries of an existing or a closed military
installation, in which case the utility service is not subject to regulation
for purposes of rate making, regulation, service delivery, or issuance of
bonds or other forms of indebtedness. However, this exemption from
regulation does not apply to utility service if the service is generated,
treated, or produced outside the boundaries of the existing or closed
military installation.
SOURCE: IC 36-7-15.1-17; (07)SE0287.1.128. -->
SECTION 128. IC 36-7-15.1-17, AS AMENDED BY P.L.185-2005,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 17. (a) In addition to other methods of raising
money for property acquisition or redevelopment in a redevelopment
project area, and in anticipation of the special tax to be levied under
section 19 of this chapter, the taxes allocated under section 26 of this
chapter, or other revenues of the redevelopment district, the
commission may, by resolution, issue the bonds of the redevelopment
district in the name of the consolidated city and in accordance with
IC 36-3-5-8. The amount of the bonds may not exceed the total, as
estimated by the commission, of all expenses reasonably incurred in
connection with the acquisition and redevelopment of the property,
including:
(1) the total cost of all land, rights-of-way, and other property to
be acquired and redeveloped;
(2) all reasonable and necessary architectural, engineering, legal,
financing, accounting, advertising, bond discount, and
supervisory expenses related to the acquisition and redevelopment
of the property or the issuance of bonds;
(3) capitalized interest permitted in this chapter and a debt service
reserve for the bonds, to the extent that the redevelopment
commission determines that a reserve is reasonably required;
(4) the total cost of all clearing and construction work provided
for in the resolution; and
(5) expenses that the commission is required or permitted to pay
under IC 8-23-17.
(b) If the commission plans to acquire different parcels of land or let
different contracts for redevelopment work at approximately the same
time, whether under one (1) or more resolutions, the commission may
provide for the total cost in one (1) issue of bonds.
(c) The bonds must be dated as set forth in the bond resolution and
negotiable subject to the requirements of the bond resolution for the
registration of the bonds. The resolution authorizing the bonds must
state:
(1) the denominations of the bonds;
(2) the place or places at which the bonds are payable; and
(3) the term of the bonds, which may not exceed fifty (50) years.
The resolution may also state that the bonds are redeemable before
maturity with or without a premium, as determined by the commission.
(d) The commission shall certify a copy of the resolution authorizing
the bonds to the fiscal officer of the consolidated city, who shall then
prepare the bonds. The seal of the unit must be impressed on the bonds,
or a facsimile of the seal must be printed on the bonds.
(e) The bonds shall be executed by the city executive and attested
by the fiscal officer. The interest coupons, if any, shall be executed by
the facsimile signature of the fiscal officer.
(f) The bonds are exempt from taxation as provided by IC 6-8-5.
(g) The city fiscal officer shall sell the bonds according to law.
Notwithstanding IC 36-3-5-8, bonds payable solely or in part from tax
proceeds allocated under section 26(b)(2) of this chapter or other
revenues of the district may be sold at private negotiated sale and at a
price or prices not less than ninety-seven percent (97%) of the par
value.
(h) The bonds are not a corporate obligation of the city but are an
indebtedness of the redevelopment district. The bonds and interest are
payable:
(1) from a special tax levied upon all of the property in the
redevelopment district, as provided by section 19 of this chapter;
(2) from the tax proceeds allocated under section 26(b)(2) of this
chapter;
(3) from other revenues available to the commission; or
(4) from a combination of the methods stated in subdivisions (1)
through (3);
and from any revenues of the designated project. If the bonds are
payable solely from the tax proceeds allocated under section 26(b)(2)
of this chapter, other revenues of the redevelopment commission, or
any combination of these sources, they may be issued in any amount
without limitation.
(i) Proceeds from the sale of the bonds may be used to pay the cost
of interest on the bonds for a period not to exceed five (5) years from
the date of issue.
(j) Notwithstanding IC 36-3-5-8, the laws relating to the filing of
petitions requesting the issuance of bonds and the right of taxpayers
and voters to remonstrate against the issuance of bonds applicable to
bonds issued under this chapter do not apply to bonds payable solely
or in part from tax proceeds allocated under section 26(b)(2) of this
chapter, other revenues of the commission, or any combination of these
sources.
(k) If bonds are issued under this chapter that are payable solely or
in part from revenues to the commission from a project or projects, the
commission may adopt a resolution or trust indenture or enter into
covenants as is customary in the issuance of revenue bonds. The
resolution or trust indenture may pledge or assign the revenues from
the project or projects, but may not convey or mortgage any project or
parts of a project. The resolution or trust indenture may also contain
any provisions for protecting and enforcing the rights and remedies of
the bond owners as may be reasonable and proper and not in violation
of law, including covenants setting forth the duties of the commission.
The commission may establish fees and charges for the use of any
project and covenant with the owners of any bonds to set those fees and
charges at a rate sufficient to protect the interest of the owners of the
bonds. Any revenue bonds issued by the commission that are payable
solely from revenues of the commission must contain a statement to
that effect in the form of bond.
SOURCE: IC 36-7-15.1-26.5; (07)SE0287.1.129. -->
SECTION 129. IC 36-7-15.1-26.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 26.5. (a) As used
in this section, "adverse determination" means a determination by the
fiscal officer of the consolidated city that the granting of credits
described in subsection (g) or (h) would impair any contract with or
otherwise adversely affect the owners of outstanding bonds payable
from the allocation area special fund.
(b) As used in this section, "allocation area" has the meaning set
forth in section 26 of this chapter.
(c) As used in this section, "special fund" refers to the special fund
into which property taxes are paid under section 26 of this chapter.
(d) As used in this section, "taxing district" has the meaning set
forth in IC 6-1.1-1-20.
(e) Except as provided in subsections (g), (h), (i), and (j), each
taxpayer in an allocation area is entitled to an additional credit for taxes
(as defined in IC 6-1.1-21-2) that, under IC 6-1.1-22-9, are due and
payable in
May and November of that year. Except as provided in
subsection (j), one-half (1/2) of the credit shall be applied to each
installment of taxes (as defined in IC 6-1.1-21-2). This credit equals the
amount determined under the following STEPS for each taxpayer in a
taxing district that contains all or part of the allocation area:
STEP ONE: Determine that part of the sum of the amounts under
IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2), IC 6-1.1-21-2(g)(3),
IC 6-1.1-21-2(g)(4), and IC 6-1.1-21-2(g)(5) that is attributable to
the taxing district.
STEP TWO: Divide:
(A) that part of each county's eligible property tax replacement
amount (as defined in IC 6-1.1-21-2) for that year as
determined under IC 6-1.1-21-4 that is attributable to the
taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; by
(B) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that would have
been allocated to an allocation fund under section 26 of this
chapter had the additional credit described in this section not
been given.
The additional credit reduces the amount of proceeds allocated to the
redevelopment district and paid into the special fund.
(f) The credit for property tax replacement under IC 6-1.1-21-5 and
the additional credits under subsections (e), (g), (h), and (i), unless the
credits under subsections (g) and (h) are partial credits, shall be
computed on an aggregate basis for all taxpayers in a taxing district
that contains all or part of an allocation area. Except as provided in
subsections (h) and (i), the credit for property tax replacement under
IC 6-1.1-21-5 and the additional credits under subsections (e), (g), (h),
and (i) shall be combined on the tax statements sent to each taxpayer.
(g) This subsection applies to an allocation area if allocated taxes
from that area were pledged to bonds, leases, or other obligations of the
commission before May 8, 1989. A credit calculated using the method
provided in subsection (e) may be granted under this subsection. The
credit provided under this subsection is first applicable for the
allocation area for property taxes first due and payable in 1992. The
following apply to the determination of the credit provided under this
subsection:
(1) Before June 15 of each year, the fiscal officer of the
consolidated city shall determine and certify the following:
(A) All amounts due in the following year to the owners of
outstanding bonds payable from the allocation area special
fund.
(B) All amounts that are:
(i) required under contracts with bond holders; and
(ii) payable from the allocation area special fund to fund
accounts and reserves.
(C) An estimate of the amount of personal property taxes
available to be paid into the allocation area special fund under
section 26.9(c) of this chapter.
(D) An estimate of the aggregate amount of credits to be
granted if full credits are granted.
(2) Before June 15 of each year, the fiscal officer of the
consolidated city shall determine if the granting of the full amount
of credits in the following year would impair any contract with or
otherwise adversely affect the owners of outstanding bonds
payable from the allocation area special fund.
(3) If the fiscal officer of the consolidated city determines under
subdivision (2) that there would not be an impairment or adverse
effect:
(A) the fiscal officer of the consolidated city shall certify the
determination; and
(B) the full credits shall be applied in the following year,
subject to the determinations and certifications made under
section 26.7(b) of this chapter.
(4) If the fiscal officer of the consolidated city makes an adverse
determination under subdivision (2), the fiscal officer of the
consolidated city shall determine whether there is an amount of
partial credits that, if granted in the following year, would not
result in the impairment or adverse effect. If the fiscal officer
determines that there is an amount of partial credits that would
not result in the impairment or adverse effect, the fiscal officer
shall do the following:
(A) Determine the amount of the partial credits.
(B) Certify that determination.
(5) If the fiscal officer of the consolidated city certifies under
subdivision (4) that partial credits may be paid, the partial credits
shall be applied pro rata among all affected taxpayers in the
following year.
(6) An affected taxpayer may appeal any of the following to the
circuit or superior court of the county in which the allocation area
is located:
(A) A determination by the fiscal officer of the consolidated
city that:
(i) credits may not be paid in the following year; or
(ii) only partial credits may be paid in the following year.
(B) A failure by the fiscal officer of the consolidated city to
make a determination by June 15 of whether full or partial
credits are payable under this subsection.
(7) An appeal of a determination must be filed not later than thirty
(30) days after the publication of the determination.
(8) An appeal of a failure by the fiscal officer of the consolidated
city to make a determination of whether the credits are payable
under this subsection must be filed by July 15 of the year in which
the determination should have been made.
(9) All appeals under subdivision (6) shall be decided by the court
within sixty (60) days.
(h) This subsection applies to an allocation area if allocated taxes
from that area were pledged to bonds, leases, or other obligations of the
commission before May 8, 1989. A credit calculated using the method
in subsection (e) and in subdivision (2) may be granted under this
subsection. The following apply to the credit granted under this
subsection:
(1) The credit is applicable to property taxes first due and payable
in 1991.
(2) For purposes of this subsection, the amount of a credit for
1990 taxes payable in 1991 with respect to an affected taxpayer
is equal to:
(A) the amount of the quotient determined under STEP TWO
of subsection (e); multiplied by
(B) the total amount of the property taxes payable by the
taxpayer that were allocated in 1991 to the allocation area
special fund under section 26 of this chapter.
(3) Before June 15, 1991, the fiscal officer of the consolidated
city shall determine and certify an estimate of the aggregate
amount of credits for 1990 taxes payable in 1991 if the full credits
are granted.
(4) The fiscal officer of the consolidated city shall determine
whether the granting of the full amounts of the credits for 1990
taxes payable in 1991 against 1991 taxes payable in 1992 and the
granting of credits under subsection (g) would impair any contract
with or otherwise adversely affect the owners of outstanding
bonds payable from the allocation area special fund for an
allocation area described in subsection (g).
(5) If the fiscal officer of the consolidated city determines that
there would not be an impairment or adverse effect under
subdivision (4):
(A) the fiscal officer shall certify that determination; and
(B) the full credits shall be applied against 1991 taxes payable
in 1992 or the amount of the credits shall be paid to the
taxpayers as provided in subdivision (12), subject to the
determinations and certifications made under section 26.7(b)
of this chapter.
(6) If the fiscal officer of the consolidated city makes an adverse
determination under subdivision (4), the fiscal officer shall
determine whether there is an amount of partial credits for 1990
taxes payable in 1991 that, if granted against 1991 taxes payable
in 1992 in addition to granting of the credits under subsection (g),
would not result in the impairment or adverse effect.
(7) If the fiscal officer of the consolidated city determines under
subdivision (6) that there is an amount of partial credits that
would not result in the impairment or adverse effect, the fiscal
officer shall determine the amount of partial credits and certify
that determination.
(8) If the fiscal officer of the consolidated city certifies under
subdivision (7) that partial credits may be paid, the partial credits
shall be applied pro rata among all affected taxpayers against
1991 taxes payable in 1992.
(9) An affected taxpayer may appeal any of the following to the
circuit or superior court of the county in which the allocation area
is located:
(A) A determination by the fiscal officer of the consolidated
city that:
(i) credits may not be paid for 1990 taxes payable in 1991;
or
(ii) only partial credits may be paid for 1990 taxes payable
in 1991.
(B) A failure by the fiscal officer of the consolidated city to
make a determination by June 15, 1991, of whether credits are
payable under this subsection.
(10) An appeal of a determination must be filed not later than
thirty (30) days after the publication of the determination. Any
such appeal shall be decided by the court within sixty (60) days.
(11) An appeal of a failure by the fiscal officer of the consolidated
city to make a determination of whether credits are payable under
this subsection must be filed by July 15, 1991. Any such appeal
shall be decided by the court within sixty (60) days.
(12) If 1991 taxes payable in 1992 with respect to a parcel are
billed to the same taxpayer to which 1990 taxes payable in 1991
were billed, the county treasurer shall apply to the tax bill for
1991 taxes payable in 1992 both the credit provided under
subsection (g) and the credit provided under this subsection,
along with any credit determined to be applicable to the tax bill
under subsection (i). In the alternative, at the election of the
county auditor, the county may pay to the taxpayer the amount of
the credit by May 10, 1992, and the amount shall be charged to
the taxing units in which the allocation area is located in the
proportion of the taxing units' respective tax rates for 1990 taxes
payable in 1991.
(13) If 1991 taxes payable in 1992 with respect to a parcel are
billed to a taxpayer other than the taxpayer to which 1990 taxes
payable in 1991 were billed, the county treasurer shall do the
following:
(A) Apply only the credits under subsections (g) and (i) to the
tax bill for 1991 taxes payable in 1992.
(B) Give notice by June 30, 1991, by publication two (2) times
in three (3) newspapers in the county with the largest
circulation of the availability of a refund of the credit under
this subsection.
A taxpayer entitled to a credit must file an application for refund
of the credit with the county auditor not later than November 30,
1991.
(14) A taxpayer who files an application by November 30, 1991,
is entitled to payment from the county treasurer in an amount that
is in the same proportion to the credit provided under this
subsection with respect to a parcel as the amount of 1990 taxes
payable in 1991 paid by the taxpayer with respect to the parcel
bears to the 1990 taxes payable in 1991 with respect to the parcel.
This amount shall be paid to the taxpayer by May 10, 1992, and
shall be charged to the taxing units in which the allocation area is
located in the proportion of the taxing units' respective tax rates
for 1990 taxes payable in 1991.
(i) This subsection applies to an allocation area if allocated taxes
from that area were pledged to bonds, leases, or other obligations of the
commission before May 8, 1989. The following apply to the credit
granted under this subsection:
(1) A prior year credit is applicable to property taxes first due and
payable in each year from 1987 through 1990 (the "prior years").
(2) The credit for each prior year is equal to:
(A) the amount of the quotient determined under STEP TWO
of subsection (e) for the prior year; multiplied by
(B) the total amount of the property taxes paid by the taxpayer
that were allocated in the prior year to the allocation area
special fund under section 26 of this chapter.
(3) Before January 31, 1992, the county auditor shall determine
the amount of credits under subdivision (2) with respect to each
parcel in the allocation area for all prior years with respect to
which:
(A) taxes were billed to the same taxpayer for taxes payable in
each year from 1987 through 1991; or
(B) an application was filed by November 30, 1991, under
subdivision (8) for refund of the credits for prior years.
A report of the determination by parcel shall be sent by the county
auditor to the department of local government finance and the
budget agency within five (5) days of such determination.
(4) Before January 31, 1992, the county auditor shall determine
the quotient of the amounts determined under subdivision (3) with
respect to each parcel divided by six (6).
(5) Before January 31, 1992, the county auditor shall determine
the quotient of the aggregate amounts determined under
subdivision (3) with respect to all parcels divided by twelve (12).
(6) Except as provided in subdivisions (7) and (9), in each year in
which credits from prior years remain unpaid, credits for the prior
years in the amounts determined under subdivision (4) shall be
applied as provided in this subsection.
(7) If taxes payable in the current year with respect to a parcel are
billed to the same taxpayer to which taxes payable in all of the
prior years were billed and if the amount determined under
subdivision (3) with respect to the parcel is at least five hundred
dollars ($500), the county treasurer shall apply the credits
provided for the current year under subsections (g) and (h) and
the credit in the amount determined under subdivision (4) to the
tax bill for taxes payable in the current year. However, if the
amount determined under subdivision (3) with respect to the
parcel is less than five hundred dollars ($500) (referred to in this
subdivision as "small claims"), the county may, at the election of
the county auditor, either apply a credit in the amount determined
under subdivision (3) or (4) to the tax bill for taxes payable in the
current year or pay either amount to the taxpayer. If title to a
parcel transfers in a year in which a credit under this subsection
is applied to the tax bill, the transferor may file an application
with the county auditor within thirty (30) days of the date of the
transfer of title to the parcel for payments to the transferor at the
same times and in the same amounts that would have been
allowed as credits to the transferor under this subsection if there
had not been a transfer. If a determination is made by the county
auditor to refund or credit small claims in the amounts determined
under subdivision (3) in 1992, the county auditor may make
appropriate adjustments to the credits applied with respect to
other parcels so that the total refunds and credits in any year will
not exceed the payments made from the state property tax
replacement fund to the prior year credit fund referred to in
subdivision (11) in that year.
(8) If taxes payable in the current year with respect to a parcel are
billed to a taxpayer that is not a taxpayer to which taxes payable
in all of the prior years were billed, the county treasurer shall do
the following:
(A) Apply only the credits under subsections (g) and (h) to the
tax bill for taxes payable in the current year.
(B) Give notice by June 30, 1991, by publication two (2) times
in three (3) newspapers in the county with the largest
circulation of the availability of a refund of the credit.
A taxpayer entitled to the credit must file an application for
refund of the credit with the county auditor not later than
November 30, 1991. A refund shall be paid to an eligible
applicant by May 10, 1992.
(9) A taxpayer who filed an application by November 30, 1991,
is entitled to payment from the county treasurer under subdivision
(8) in an amount that is in the same proportion to the credit
determined under subdivision (3) with respect to a parcel as the
amount of taxes payable in the prior years paid by the taxpayer
with respect to the parcel bears to the taxes payable in the prior
years with respect to the parcel.
(10) In each year on May 1 and November 1, the state shall pay
to the county treasurer from the state property tax replacement
fund the amount determined under subdivision (5).
(11) All payments received from the state under subdivision (10)
shall be deposited into a special fund to be known as the prior
year credit fund. The prior year credit fund shall be used to make:
(A) payments under subdivisions (7) and (9); and
(B) deposits into the special fund for the application of prior
year credits.
(12) All amounts paid into the special fund for the allocation area
under subdivision (11) are subject to any pledge of allocated
property tax proceeds made by the redevelopment district under
section 26(d) of this chapter, including but not limited to any
pledge made to owners of outstanding bonds of the
redevelopment district of allocated taxes from that area.
(13) By January 15, 1993, and by January 15 of each year
thereafter, the county auditor shall send to the department of local
government finance and the budget agency a report of the
receipts, earnings, and disbursements of the prior year credit fund
for the prior calendar year. If in the final year that credits under
subsection (i) are allowed any balance remains in the prior year
credit fund after the payment of all credits payable under this
subsection, such balance shall be repaid to the treasurer of state
for deposit in the property tax replacement fund.
(14) In each year, the county shall limit the total of all refunds and
credits provided for in this subsection to the total amount paid in
that year from the property tax replacement fund into the prior
year credit fund and any balance remaining from the preceding
year in the prior year credit fund.
(j) This subsection applies to an allocation area only to the extent
that the net assessed value of property that is assessed as residential
property under the rules of the department of local government finance
is not included in the base assessed value. If property tax installments
with respect to a homestead (as defined in IC 6-1.1-20.9-1) are due in
installments established by the department of local government finance
under IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection (e)
for the taxes (as defined in IC 6-1.1-21-2) due in installments. The
credit shall be applied in the same proportion to each installment of
taxes (as defined in IC 6-1.1-21-2).
SOURCE: IC 36-7-15.1-32; (07)SE0287.1.130. -->
SECTION 130. IC 36-7-15.1-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 32. (a) The
commission must establish a program for housing. The program, which
may include such elements as the commission considers appropriate,
must be adopted as part of a redevelopment plan or amendment to a
redevelopment plan, and must establish an allocation area for purposes
of sections 26 and 35 of this chapter for the accomplishment of the
program.
(b) The notice and hearing provisions of sections 10 and 10.5 of this
chapter apply to the resolution adopted under subsection (a). Judicial
review of the resolution may be made under section 11 of this chapter.
(c) Before formal submission of any housing program to the
commission, the department shall consult with persons interested in or
affected by the proposed program and provide the affected
neighborhood associations, residents, and township assessors, and the
county assessor with an adequate opportunity to participate in an
advisory role in planning, implementing, and evaluating the proposed
program. The department may hold public meetings in the affected
neighborhood to obtain the views of neighborhood associations and
residents.
SOURCE: IC 36-7-15.1-35; (07)SE0287.1.131. -->
SECTION 131. IC 36-7-15.1-35 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 35. (a)
Notwithstanding section 26(a) of this chapter, with respect to the
allocation and distribution of property taxes for the accomplishment of
a program adopted under section 32 of this chapter, "base assessed
value" means the net assessed value of all of the land as finally
determined for the assessment date immediately preceding the effective
date of the allocation provision, as adjusted under section 26(g) of this
chapter. However, "base assessed value" does not include the value of
real property improvements to the land.
(b) The special fund established under section 26(b) of this chapter
for the allocation area for a program adopted under section 32 of this
chapter may be used only for purposes related to the accomplishment
of the program, including the following:
(1) The construction, rehabilitation, or repair of residential units
within the allocation area.
(2) The construction, reconstruction, or repair of infrastructure
(such as streets, sidewalks, and sewers) within or serving the
allocation area.
(3) The acquisition of real property and interests in real property
within the allocation area.
(4) The demolition of real property within the allocation area.
(5) To provide financial assistance to enable individuals and
families to purchase or lease residential units within the allocation
area. However, financial assistance may be provided only to those
individuals and families whose income is at or below the county's
median income for individuals and families, respectively.
(6) To provide financial assistance to neighborhood development
corporations to permit them to provide financial assistance for the
purposes described in subdivision (5).
(7) To provide each taxpayer in the allocation area a credit for
property tax replacement as determined under subsections (c) and
(d). However, this credit may be provided by the commission only
if the city-county legislative body establishes the credit by
ordinance adopted in the year before the year in which the credit
is provided.
(c) The maximum credit that may be provided under subsection
(b)(7) to a taxpayer in a taxing district that contains all or part of an
allocation area established for a program adopted under section 32 of
this chapter shall be determined as follows:
STEP ONE: Determine that part of the sum of the amounts
described in IC 6-1.1-21-2(g)(1)(A) and IC 6-1.1-21-2(g)(2)
through IC 6-1.1-21-2(g)(5) that is attributable to the taxing
district.
STEP TWO: Divide:
(A) that part of each county's eligible property tax replacement
amount (as defined in IC 6-1.1-21-2) for that year as
determined under IC 6-1.1-21-4(a)(1) that is attributable to the
taxing district; by
(B) the amount determined under STEP ONE.
STEP THREE: Multiply:
(A) the STEP TWO quotient; by
(B) the taxpayer's taxes (as defined in IC 6-1.1-21-2) levied in
the taxing district allocated to the allocation fund, including
the amount that would have been allocated but for the credit.
(d) Except as provided in subsection (g), the commission may
determine to grant to taxpayers in an allocation area from its allocation
fund a credit under this section, as calculated under subsection (c), by
applying one-half (1/2) of the credit to each installment of taxes (as
defined in IC 6-1.1-21-2) that under IC 6-1.1-22-9 are due and payable
in May and November of a year. Except as provided in subsection (g),
one-half (1/2) of the credit shall be applied to each installment of taxes
(as defined in IC 6-1.1-21-2). The commission must provide for the
credit annually by a resolution and must find in the resolution the
following:
(1) That the money to be collected and deposited in the allocation
fund, based upon historical collection rates, after granting the
credit will equal the amounts payable for contractual obligations
from the fund, plus ten percent (10%) of those amounts.
(2) If bonds payable from the fund are outstanding, that there is
a debt service reserve for the bonds that at least equals the amount
of the credit to be granted.
(3) If bonds of a lessor under section 17.1 of this chapter or under
IC 36-1-10 are outstanding and if lease rentals are payable from
the fund, that there is a debt service reserve for those bonds that
at least equals the amount of the credit to be granted.
If the tax increment is insufficient to grant the credit in full, the
commission may grant the credit in part, prorated among all taxpayers.
(e) Notwithstanding section 26(b) of this chapter, the special fund
established under section 26(b) of this chapter for the allocation area
for a program adopted under section 32 of this chapter may only be
used to do one (1) or more of the following:
(1) Accomplish one (1) or more of the actions set forth in section
26(b)(2)(A) through 26(b)(2)(H) of this chapter.
(2) Reimburse the consolidated city for expenditures made by the
city in order to accomplish the housing program in that allocation
area.
The special fund may not be used for operating expenses of the
commission.
(f) Notwithstanding section 26(b) of this chapter, the commission
shall, relative to the special fund established under section 26(b) of this
chapter for an allocation area for a program adopted under section 32
of this chapter, do the following before July 15 of each year:
(1) Determine the amount, if any, by which property taxes payable
to the allocation fund in the following year will exceed the
amount of property taxes necessary:
(A) to make, when due, principal and interest payments on
bonds described in section 26(b)(2) of this chapter;
(B) to pay the amount necessary for other purposes described
in section 26(b)(2) of this chapter; and
(C) to reimburse the consolidated city for anticipated
expenditures described in subsection (e)(2).
(2) Notify the county auditor of the amount, if any, of excess
property taxes that the commission has determined may be paid
to the respective taxing units in the manner prescribed in section
26(b)(1) of this chapter.
(g) This subsection applies to an allocation area only to the extent
that the net assessed value of property that is assessed as residential
property under the rules of the department of local government finance
is not included in the base assessed value. If property tax installments
with respect to a homestead (as defined in IC 6-1.1-20.9-1) are due in
installments established by the department of local government finance
under IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection (d)
for the taxes (as defined in IC 6-1.1-21-2) due in installments. The
credit shall be applied in the same proportion to each installment of
taxes (as defined in IC 6-1.1-21-2).
SOURCE: IC 36-7-15.1-45; (07)SE0287.1.132. -->
SECTION 132. IC 36-7-15.1-45, AS AMENDED BY P.L.185-2005,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 45. (a) In addition to other methods of raising
money for property acquisition or redevelopment in a redevelopment
project area, and in anticipation of the special tax to be levied under
section 50 of this chapter, the taxes allocated under section 53 of this
chapter, or other revenues of the redevelopment district, a commission
may, by resolution, issue the bonds of its redevelopment district in the
name of the excluded city. The amount of the bonds may not exceed
the total, as estimated by the commission, of all expenses reasonably
incurred in connection with the acquisition and redevelopment of the
property, including:
(1) the total cost of all land, rights-of-way, and other property to
be acquired and redeveloped;
(2) all reasonable and necessary architectural, engineering, legal,
financing, accounting, advertising, bond discount, and
supervisory expenses related to the acquisition and redevelopment
of the property or the issuance of bonds;
(3) capitalized interest permitted in this chapter and a debt service
reserve for the bonds, to the extent that the redevelopment
commission determines that a reserve is reasonably required;
(4) the total cost of all clearing and construction work provided
for in the resolution; and
(5) expenses that the commission is required or permitted to pay
under IC 8-23-17.
(b) If a commission plans to acquire different parcels of land or let
different contracts for redevelopment work at approximately the same
time, whether under one (1) or more resolutions, a commission may
provide for the total cost in one (1) issue of bonds.
(c) The bonds must be dated as set forth in the bond resolution and
negotiable subject to the requirements concerning registration of the
bonds. The resolution authorizing the bonds must state:
(1) the denominations of the bonds;
(2) the place or places at which the bonds are payable; and
(3) the term of the bonds, which may not exceed fifty (50) years.
The resolution may also state that the bonds are redeemable before
maturity with or without a premium, as determined by the commission.
(d) The commission shall certify a copy of the resolution authorizing
the bonds to the fiscal officer of the excluded city, who shall then
prepare the bonds. The seal of the unit must be impressed on the bonds,
or a facsimile of the seal must be printed on the bonds.
(e) The bonds shall be executed by the excluded city executive and
attested by the excluded city fiscal officer. The interest coupons, if any,
shall be executed by the facsimile signature of the excluded city fiscal
officer.
(f) The bonds are exempt from taxation as provided by IC 6-8-5.
(g) The excluded city fiscal officer shall sell the bonds according to
law. Bonds payable solely or in part from tax proceeds allocated under
section 53(b)(2) of this chapter or other revenues of the district may be
sold at private negotiated sale and at a price or prices not less than
ninety-seven percent (97%) of the par value.
(h) The bonds are not a corporate obligation of the excluded city but
are an indebtedness of the redevelopment district. The bonds and
interest are payable:
(1) from a special tax levied upon all of the property in the
redevelopment district, as provided by section 50 of this chapter;
(2) from the tax proceeds allocated under section 53(b)(2) of this
chapter;
(3) from other revenues available to the commission; or
(4) from a combination of the methods described in subdivisions
(1) through (3);
and from any revenues of the designated project. If the bonds are
payable solely from the tax proceeds allocated under section 53(b)(2)
of this chapter, other revenues of the redevelopment commission, or
any combination of these sources, they may be issued in any amount
without limitation.
(i) Proceeds from the sale of the bonds may be used to pay the cost
of interest on the bonds for a period not to exceed five (5) years from
the date of issue.
(j) The laws relating to the filing of petitions requesting the issuance
of bonds and the right of taxpayers
and voters to remonstrate against
the issuance of bonds applicable to bonds issued under this chapter do
not apply to bonds payable solely or in part from tax proceeds allocated
under section 53(b)(2) of this chapter, other revenues of the
commission, or any combination of these sources.
(k) If bonds are issued under this chapter that are payable solely or
in part from revenues to a commission from a project or projects, a
commission may adopt a resolution or trust indenture or enter into
covenants as is customary in the issuance of revenue bonds. The
resolution or trust indenture may pledge or assign the revenues from
the project or projects but may not convey or mortgage any project or
parts of a project. The resolution or trust indenture may also contain
any provisions for protecting and enforcing the rights and remedies of
the bond owners as may be reasonable and proper and not in violation
of law, including covenants setting forth the duties of the commission.
The commission may establish fees and charges for the use of any
project and covenant with the owners of bonds to set those fees and
charges at a rate sufficient to protect the interest of the owners of the
bonds. Any revenue bonds issued by the commission that are payable
solely from revenues of the commission must contain a statement to
that effect in the form of bond.
SOURCE: IC 36-7-15.1-56; (07)SE0287.1.133. -->
SECTION 133. IC 36-7-15.1-56 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 56. (a) As used
in this section, "allocation area" has the meaning set forth in section 53
of this chapter.
(b) As used in this section, "taxing district" has the meaning set
forth in IC 6-1.1-1-20.
(c) Subject to subsection (e) and except as provided in subsection
(h), each taxpayer in an allocation area is entitled to an additional credit
for taxes (as defined in IC 6-1.1-21-2) that under IC 6-1.1-22-9 are due
and payable in May and November of that year. Except as provided in
subsection (h), one-half (1/2) of the credit shall be applied to each
installment of taxes (as defined in IC 6-1.1-21-2). This credit equals the
amount determined under the following STEPS for each taxpayer in a
taxing district that contains all or part of the allocation area:
STEP ONE: Determine that part of the sum of the amounts under
IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2), IC 6-1.1-21-2(g)(3),
IC 6-1.1-21-2(g)(4), and IC 6-1.1-21-2(g)(5) that is attributable to
the taxing district.
STEP TWO: Divide:
(A) that part of each county's eligible property tax replacement
amount (as defined in IC 6-1.1-21-2) for that year as
determined under IC 6-1.1-21-4 that is attributable to the
taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; times
(B) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that would have
been allocated to an allocation fund under section 53 of this
chapter had the additional credit described in this section not
been given.
The additional credit reduces the amount of proceeds allocated to the
development district and paid into an allocation fund under section
53(b)(2) of this chapter.
(d) If the additional credit under subsection (c) is not reduced under
subsection (e) or (f), the credit for property tax replacement under
IC 6-1.1-21-5 and the additional credit under subsection (c) shall be
computed on an aggregate basis for all taxpayers in a taxing district
that contains all or part of an allocation area. The credit for property tax
replacement under IC 6-1.1-21-5 and the additional credit under
subsection (c) shall be combined on the tax statements sent to each
taxpayer.
(e) Upon the recommendation of the commission, the excluded city
legislative body may, by resolution, provide that the additional credit
described in subsection (c):
(1) does not apply in a specified allocation area; or
(2) is to be reduced by a uniform percentage for all taxpayers in
a specified allocation area.
(f) Whenever the excluded city legislative body determines that
granting the full additional credit under subsection (c) would adversely
affect the interests of the holders of bonds or other contractual
obligations that are payable from allocated tax proceeds in that
allocation area in a way that would create a reasonable expectation that
those bonds or other contractual obligations would not be paid when
due, the excluded city legislative body must adopt a resolution under
subsection (e) to deny the additional credit or reduce it to a level that
creates a reasonable expectation that the bonds or other obligations will
be paid when due. A resolution adopted under subsection (e) denies or
reduces the additional credit for property taxes first due and payable in
the allocation area in any year following the year in which the
resolution is adopted.
(g) A resolution adopted under subsection (e) remains in effect until
it is rescinded by the body that originally adopted it. However, a
resolution may not be rescinded if the rescission would adversely affect
the interests of the holders of bonds or other obligations that are
payable from allocated tax proceeds in that allocation area in a way that
would create a reasonable expectation that the principal of or interest
on the bonds or other obligations would not be paid when due. If a
resolution is rescinded and no other resolution is adopted, the
additional credit described in subsection (c) applies to property taxes
first due and payable in the allocation area in each year following the
year in which the resolution is rescinded.
(h) This subsection applies to an allocation area only to the extent
that the net assessed value of property that is assessed as residential
property under the rules of the department of local government finance
is not included in the base assessed value. If property tax installments
with respect to a homestead (as defined in IC 6-1.1-20.9-1) are due in
installments established by the department of local government finance
under IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection (c)
for the taxes (as defined in IC 6-1.1-21-2) due in installments. The
credit shall be applied in the same proportion to each installment of
taxes (as defined in IC 6-1.1-21-2).
SOURCE: IC 36-7-30-18; (07)SE0287.1.134. -->
SECTION 134. IC 36-7-30-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18. (a) In addition
to other methods of raising money for property acquisition,
redevelopment, or economic development activities in or directly
serving or benefiting a military base reuse area, and in anticipation of
the taxes allocated under section 25 of this chapter, other revenues of
the district, or any combination of these sources, the reuse authority
may by resolution issue the bonds of the special taxing district in the
name of the unit.
(b) The reuse authority shall certify a copy of the resolution
authorizing the bonds to the municipal or county fiscal officer, who
shall then prepare the bonds. The seal of the unit must be impressed on
the bonds or a facsimile of the seal must be printed on the bonds.
(c) The bonds must be executed by the appropriate officer of the
unit, and attested by the unit's fiscal officer.
(d) The bonds are exempt from taxation for all purposes.
(e) Bonds issued under this section may be sold at public sale in
accordance with IC 5-1-11 or at a negotiated sale.
(f) The bonds are not a corporate obligation of the unit but are an
indebtedness of the taxing district. The bonds and interest are payable,
as set forth in the bond resolution of the reuse authority, from any of
the following:
(1) The tax proceeds allocated under section 25 of this chapter.
(2) Other revenues available to the reuse authority.
(3) A combination of the methods stated in subdivisions (1)
through (2).
If the bonds are payable solely from the tax proceeds allocated under
section 25 of this chapter, other revenues of the reuse authority, or any
combination of these sources, the bonds may be issued in any amount
without limitation.
(g) Proceeds from the sale of bonds may be used to pay the cost of
interest on the bonds for a period not to exceed five (5) years after the
date of issuance.
(h) All laws relating to the filing of petitions requesting the issuance
of bonds and the right of taxpayers and voters to remonstrate against
the issuance of bonds do not apply to bonds issued under this chapter.
(i) If a debt service reserve is created from the proceeds of bonds,
the debt service reserve may be used to pay principal and interest on
the bonds as provided in the bond resolution.
(j) If bonds are issued under this chapter that are payable solely or
in part from revenues of the reuse authority, the reuse authority may
adopt a resolution or trust indenture or enter into covenants as is
customary in the issuance of revenue bonds. The resolution or trust
indenture may pledge or assign revenues of the reuse authority and
properties becoming available to the reuse authority under this chapter.
The resolution or trust indenture may also contain provisions for
protecting and enforcing the rights and remedies of the bond owners as
may be reasonable and proper and not in violation of law, including a
covenant setting forth the duties of the reuse authority. The reuse
authority may establish fees and charges for the use of any project and
covenant with the owners of any bonds to set the fees and charges at a
rate sufficient to protect the interest of the owners of the bonds.
Revenue bonds issued by the reuse authority that are payable solely
from revenues of the reuse authority shall contain a statement to that
effect in the form of the bond.
SOURCE: IC 36-7-30-27; (07)SE0287.1.135. -->
SECTION 135. IC 36-7-30-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 27. (a) As used
in this section, "allocation area" has the meaning set forth in section 25
of this chapter.
(b) As used in this section, "taxing district" has the meaning set
forth in IC 6-1.1-1-20.
(c) Subject to subsection (e) and except a provided in subsection (h),
each taxpayer in an allocation area is entitled to an additional credit for
taxes (as defined in IC 6-1.1-21-2) that under IC 6-1.1-22-9 are due and
payable in
May and November of that year. Except as provided in
subsection (h), one-half (1/2) of the credit shall be applied to each
installment of taxes (as defined in IC 6-1.1-21-2). This credit equals the
amount determined under the following STEPS for each taxpayer in a
taxing district that contains all or part of the allocation area:
STEP ONE: Determine that part of the sum of the amounts under
IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2), IC 6-1.1-21-2(g)(3),
IC 6-1.1-21-2(g)(4), and IC 6-1.1-21-2(g)(5) that is attributable to
the taxing district.
STEP TWO: Divide:
(A) that part of each county's eligible property tax replacement
amount (as defined in IC 6-1.1-21-2) for that year as
determined under IC 6-1.1-21-4 that is attributable to the
taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; times
(B) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that would have
been allocated to an allocation fund under section 25 of this
chapter had the additional credit described in this section not
been given.
The additional credit reduces the amount of proceeds allocated to the
military base reuse district and paid into an allocation fund under
section 25(b)(2) of this chapter.
(d) If the additional credit under subsection (c) is not reduced under
subsection (e) or (f), the credit for property tax replacement under
IC 6-1.1-21-5 and the additional credit under subsection (c) shall be
computed on an aggregate basis for all taxpayers in a taxing district
that contains all or part of an allocation area. The credit for property tax
replacement under IC 6-1.1-21-5 and the additional credit under
subsection (c) shall be combined on the tax statements sent to each
taxpayer.
(e) Upon the recommendation of the reuse authority, the municipal
legislative body (in the case of a reuse authority established by a
municipality) or the county executive (in the case of a reuse authority
established by a county) may by resolution provide that the additional
credit described in subsection (c):
(1) does not apply in a specified allocation area; or
(2) is to be reduced by a uniform percentage for all taxpayers in
a specified allocation area.
(f) If the municipal legislative body or county executive determines
that granting the full additional credit under subsection (c) would
adversely affect the interests of the holders of bonds or other
contractual obligations that are payable from allocated tax proceeds in
that allocation area in a way that would create a reasonable expectation
that those bonds or other contractual obligations would not be paid
when due, the municipal legislative body or county executive must
adopt a resolution under subsection (e) to deny the additional credit or
reduce the credit to a level that creates a reasonable expectation that
the bonds or other obligations will be paid when due. A resolution
adopted under subsection (e) denies or reduces the additional credit for
property taxes first due and payable in the allocation area in any year
following the year in which the resolution is adopted.
(g) A resolution adopted under subsection (e) remains in effect until
rescinded by the body that originally adopted the resolution. However,
a resolution may not be rescinded if the rescission would adversely
affect the interests of the holders of bonds or other obligations that are
payable from allocated tax proceeds in that allocation area in a way that
would create a reasonable expectation that the principal of or interest
on the bonds or other obligations would not be paid when due. If a
resolution is rescinded and no other resolution is adopted, the
additional credit described in subsection (c) applies to property taxes
first due and payable in the allocation area in each year following the
year in which the resolution is rescinded.
(h) This subsection applies to an allocation area only to the extent
that the net assessed value of property that is assessed as residential
property under the rules of the department of local government finance
is not included in the base assessed value. If property tax installments
with respect to a homestead (as defined in IC 6-1.1-20.9-1) are due in
installments established by the department of local government finance
under IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection (c)
for the taxes (as defined in IC 6-1.1-21-2) due in installments. The
credit shall be applied in the same proportion to each installment of
taxes (as defined in IC 6-1.1-21-2).
SOURCE: IC 36-7-30-31; (07)SE0287.1.136. -->
SECTION 136. IC 36-7-30-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 31. (a) As used
in this section, the following terms have the meanings set forth in
IC 6-1.1-1:
(1) Assessed value.
(2) Owner.
(3) Person.
(4) Personal property.
(5) Property taxation.
(6) Tangible property.
(7) Township assessor.
(b) As used in this section, "PILOTS" means payments in lieu of
taxes.
(c) The general assembly finds the following:
(1) That the closing of a military base in a unit results in an
increased cost to the unit of providing governmental services to
the area formerly occupied by the military base.
(2) That military base property held by a reuse authority is exempt
from property taxation, resulting in the lack of an adequate tax
base to support the increased governmental services.
(3) That to restore this tax base and provide a proper allocation of
the cost of providing governmental services the fiscal body of the
unit should be authorized to collect PILOTS from the reuse
authority.
(4) That the appropriate maximum PILOTS would be the amount
of the property taxes that would be paid if the tangible property
were not exempt.
(d) The fiscal body of the unit may adopt an ordinance to require a
reuse authority to pay PILOTS at times set forth in the ordinance with
respect to tangible property of which the reuse authority is the owner
or the lessee and that is exempt from property taxes. The ordinance
remains in full force and effect until repealed or modified by the fiscal
body.
(e) The PILOTS must be calculated so that the PILOTS do not
exceed the amount of property taxes that would have been levied by the
fiscal body for the unit upon the tangible property described in
subsection (d) if the property were not exempt from property taxation.
(f) PILOTS shall be imposed as are property taxes and shall be
based on the assessed value of the tangible property described in
subsection (d). Except as provided in subsection (j), the township
assessors shall assess the tangible property described in subsection (d)
as though the property were not exempt. The reuse authority shall
report the value of personal property in a manner consistent with
IC 6-1.1-3.
(g) Notwithstanding any other law, a reuse authority is authorized
to pay PILOTS imposed under this section from any legally available
source of revenues. The reuse authority may consider these payments
to be operating expenses for all purposes.
(h) PILOTS shall be deposited in the general fund of the unit and
used for any purpose for which the general fund may be used.
(i) PILOTS shall be due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be treated in the same manner as property taxes for purposes of
all procedural and substantive provisions of law.
(j) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 36-7-30.5-23; (07)SE0287.1.137. -->
SECTION 137. IC 36-7-30.5-23, AS ADDED BY P.L.203-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 23. (a) In addition to other methods of raising
money for property acquisition, redevelopment, reuse, or economic
development activities in or directly serving or benefitting a military
base development area, and in anticipation of the taxes allocated under
section 30 of this chapter, other revenues of the district, or any
combination of these sources, the development authority may by
resolution issue the bonds of the development authority.
(b) The secretary-treasurer of the development authority shall
prepare the bonds. The seal of the development authority must be
impressed on the bonds or a facsimile of the seal must be printed on the
bonds.
(c) The bonds must be executed by the president of the development
authority and attested by the secretary-treasurer.
(d) The bonds are exempt from taxation for all purposes.
(e) Bonds issued under this section may be sold at public sale in
accordance with IC 5-1-11 or at a negotiated sale.
(f) The bonds are not a corporate obligation of a unit but are an
indebtedness of only the development authority. The bonds and interest
are payable, as set forth in the bond resolution of the development
authority, from any of the following:
(1) The tax proceeds allocated under section 30 of this chapter.
(2) Other revenues available to the development authority.
(3) A combination of the methods stated in subdivisions (1)
through (2).
The bonds issued under this section may be issued in any amount
without limitation.
(g) Proceeds from the sale of bonds may be used to pay the cost of
interest on the bonds for a period not to exceed five (5) years after the
date of issuance.
(h) All laws relating to the filing of petitions requesting the issuance
of bonds and the right of taxpayers and voters to remonstrate against
the issuance of bonds do not apply to bonds issued under this chapter.
(i) If a debt service reserve is created from the proceeds of bonds,
the debt service reserve may be used to pay principal and interest on
the bonds as provided in the bond resolution.
(j) If bonds are issued under this chapter that are payable solely or
in part from revenues of the development authority, the development
authority may adopt a resolution or trust indenture or enter into
covenants as is customary in the issuance of revenue bonds. The
resolution or trust indenture may pledge or assign revenues of the
development authority and properties becoming available to the
development authority under this chapter. The resolution or trust
indenture may also contain provisions for protecting and enforcing the
rights and remedies of the bond owners as may be reasonable and
proper and not in violation of law, including a covenant setting forth
the duties of the development authority. The development authority
may establish fees and charges for the use of any project and covenant
with the owners of any bonds to set the fees and charges at a rate
sufficient to protect the interest of the owners of the bonds. Revenue
bonds issued by the development authority that are payable solely from
revenues of the development authority shall contain a statement to that
effect in the form of the bond.
SOURCE: IC 36-7-30.5-32; (07)SE0287.1.138. -->
SECTION 138. IC 36-7-30.5-32, AS ADDED BY P.L.203-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 32. (a) As used in this section, "allocation
area" has the meaning set forth in section 30 of this chapter.
(b) As used in this section, "taxing district" has the meaning set
forth in IC 6-1.1-1-20.
(c) Subject to subsection (e) and except a provided in subsection (h),
each taxpayer in an allocation area is entitled to an additional credit for
taxes (as defined in IC 6-1.1-21-2) that under IC 6-1.1-22-9 are due and
payable in May and November of that year. Except as provided in
subsection (h), one-half (1/2) of the credit shall be applied to each
installment of taxes (as defined in IC 6-1.1-21-2). This credit equals the
amount determined under the following STEPS for each taxpayer in a
taxing district that contains all or part of the allocation area:
STEP ONE: Determine that part of the sum of the amounts under
IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2), IC 6-1.1-21-2(g)(3),
IC 6-1.1-21-2(g)(4), and IC 6-1.1-21-2(g)(5) that is attributable to
the taxing district.
STEP TWO: Divide:
(A) that part of each county's eligible property tax replacement
amount (as defined in IC 6-1.1-21-2) for that year as
determined under IC 6-1.1-21-4 that is attributable to the
taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; by
(B) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that would have
been allocated to an allocation fund under section 30 of this
chapter had the additional credit described in this section not
been given.
The additional credit reduces the amount of proceeds allocated to the
military base development district and paid into an allocation fund
under section 30(b)(2) of this chapter.
(d) If the additional credit under subsection (c) is not reduced under
subsection (e) or (f), the credit for property tax replacement under
IC 6-1.1-21-5 and the additional credit under subsection (c) shall be
computed on an aggregate basis for all taxpayers in a taxing district
that contains all or part of an allocation area. The credit for property tax
replacement under IC 6-1.1-21-5 and the additional credit under
subsection (c) shall be combined on the tax statements sent to each
taxpayer.
(e) Upon the recommendation of the development authority, the
municipal legislative body of an affected municipality or the county
executive of an affected county may by resolution provide that the
additional credit described in subsection (c):
(1) does not apply in a specified allocation area; or
(2) is to be reduced by a uniform percentage for all taxpayers in
a specified allocation area.
(f) If the municipal legislative body or county executive determines
that granting the full additional credit under subsection (c) would
adversely affect the interests of the holders of bonds or other
contractual obligations that are payable from allocated tax proceeds in
that allocation area in a way that would create a reasonable expectation
that those bonds or other contractual obligations would not be paid
when due, the municipal legislative body or county executive must
adopt a resolution under subsection (e) to deny the additional credit or
reduce the credit to a level that creates a reasonable expectation that
the bonds or other obligations will be paid when due. A resolution
adopted under subsection (e) denies or reduces the additional credit for
property taxes first due and payable in the allocation area in any year
following the year in which the resolution is adopted.
(g) A resolution adopted under subsection (e) remains in effect until
rescinded by the body that originally adopted the resolution. However,
a resolution may not be rescinded if the rescission would adversely
affect the interests of the holders of bonds or other obligations that are
payable from allocated tax proceeds in that allocation area in a way that
would create a reasonable expectation that the principal of or interest
on the bonds or other obligations would not be paid when due. If a
resolution is rescinded and no other resolution is adopted, the
additional credit described in subsection (c) applies to property taxes
first due and payable in the allocation area in each year following the
year in which the resolution is rescinded.
(h) This subsection applies to an allocation area only to the extent
that the net assessed value of property that is assessed as residential
property under the rules of the department of local government finance
is not included in the base assessed value. If property tax installments
with respect to a homestead (as defined in IC 6-1.1-20.9-1) are due in
installments established by the department of local government finance
under IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection (c)
for the taxes (as defined in IC 6-1.1-21-2) due in installments. The
credit shall be applied in the same proportion to each installment of
taxes (as defined in IC 6-1.1-21-2).
SOURCE: IC 36-7-30.5-34; (07)SE0287.1.139. -->
SECTION 139. IC 36-7-30.5-34, AS ADDED BY P.L.203-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 34. (a) As used in this section, the following
terms have the meanings set forth in IC 6-1.1-1:
(1) Assessed value.
(2) Owner.
(3) Person.
(4) Personal property.
(5) Property taxation.
(6) Tangible property.
(7) Township assessor.
(b) As used in this section, "PILOTS" means payments in lieu of
taxes.
(c) The general assembly finds the following:
(1) That the closing of a military base in a unit results in an
increased cost to the unit of providing governmental services to
the area formerly occupied by the military base.
(2) That military base property held by a development authority
is exempt from property taxation, resulting in the lack of an
adequate tax base to support the increased governmental services.
(3) That to restore this tax base and provide a proper allocation of
the cost of providing governmental services the fiscal body of the
unit should be authorized to collect PILOTS from the
development authority.
(4) That the appropriate maximum PILOTS would be the amount
of the property taxes that would be paid if the tangible property
were not exempt.
(d) The fiscal body of the unit may adopt an ordinance to require a
development authority to pay PILOTS at times set forth in the
ordinance with respect to tangible property of which the development
authority is the owner or the lessee and that is exempt from property
taxes. The ordinance remains in full force and effect until repealed or
modified by the fiscal body.
(e) The PILOTS must be calculated so that the PILOTS do not
exceed the amount of property taxes that would have been levied by the
fiscal body for the unit upon the tangible property described in
subsection (d) if the property were not exempt from property taxation.
(f) PILOTS shall be imposed as are property taxes and shall be
based on the assessed value of the tangible property described in
subsection (d). Except as provided in subsection (j), the township
assessors shall assess the tangible property described in subsection (d)
as though the property were not exempt. The development authority
shall report the value of personal property in a manner consistent with
IC 6-1.1-3.
(g) Notwithstanding any other law, a development authority is
authorized to pay PILOTS imposed under this section from any legally
available source of revenues. The development authority may consider
these payments to be operating expenses for all purposes.
(h) PILOTS shall be deposited in the general fund of the unit and
used for any purpose for which the general fund may be used.
(i) PILOTS shall be due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be treated in the same manner as property taxes for purposes of
all procedural and substantive provisions of law.
(j) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 36-7-32-18; (07)SE0287.1.140. -->
SECTION 140. IC 36-7-32-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 18. (a) A
redevelopment commission may, by resolution, provide that each
taxpayer in a certified technology park that has been designated as an
allocation area is entitled to an additional credit for taxes (as defined
in IC 6-1.1-21-2) that, under IC 6-1.1-22-9, are due and payable in May
and November of that year. One-half (1/2) of the credit shall be applied
to each installment of property taxes. This credit equals the amount
determined under the following STEPS for each taxpayer in a taxing
district that contains all or part of the certified technology park:
STEP ONE: Determine that part of the sum of the amounts under
IC 6-1.1-21-2(g)(1)(A) and IC 6-1.1-21-2(g)(2) through
IC 6-1.1-21-2(g)(5) that is attributable to the taxing district.
STEP TWO: Divide:
(A) that part of the county's total eligible property tax
replacement amount (as defined in IC 6-1.1-21-2) for that year
as determined under IC 6-1.1-21-4 that is attributable to the
taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; by
(B) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that would have
been allocated to the certified technology park fund under
section 17 of this chapter had the additional credit described
in this section not been given.
The additional credit reduces the amount of proceeds allocated and
paid into the certified technology park fund under section 17 of this
chapter.
(b) The additional credit under subsection (a) shall be:
(1) computed on an aggregate basis of all taxpayers in a taxing
district that contains all or part of a certified technology park; and
(2) combined on the tax statement sent to each taxpayer.
(c) Concurrently with the mailing or other delivery of the tax
statement or any corrected tax statement to each taxpayer, as required
by IC 6-1.1-22-8(a), each county treasurer shall for each tax statement
also deliver to each taxpayer in a certified technology park who is
entitled to the additional credit under subsection (a) a notice of
additional credit. The actual dollar amount of the credit, the taxpayer's
name and address, and the tax statement to which the credit applies
must be stated on the notice.
(d) Notwithstanding any other law, a taxpayer in a certified
technology park is not entitled to a credit for property tax replacement
under IC 6-1.1-21-5.
SOURCE: IC 36-9-3-31; (07)SE0287.1.141. -->
SECTION 141. IC 36-9-3-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31. (a) This section
applies to an authority that includes a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000).
(b) The authority may issue revenue or general obligation bonds
under this section.
(c) The board may issue revenue bonds of the authority for the
purpose of procuring money to pay the cost of acquiring real or
personal property for the purpose of this chapter. The issuance of bonds
must be authorized by resolution of the board and approved by the
county fiscal bodies of the counties in the authority before issuance.
The resolution must provide for the amount, terms, and tenor of the
bonds, and for the time and character of notice and mode of making
sale of the bonds.
(d) The bonds are payable at the times and places determined by the
board, but they may not run more than thirty (30) years after the date
of their issuance and must be executed in the name of the authority by
an authorized officer of the board and attested by the secretary. The
interest coupons attached to the bonds may be executed by placing on
them the facsimile signature of the authorized officer of the board.
(e) The president of the authority shall manage and supervise the
preparation, advertisement, and sale of the bonds, subject to the
authorizing ordinance. Before the sale of bonds, the president shall
cause notice of the sale to be published in accordance with IC 5-3-1,
setting out the time and place where bids will be received, the amount
and maturity dates of the issue, the maximum interest rate, and the
terms and conditions of sale and delivery of the bonds. The bonds shall
be sold in accordance with IC 5-1-11. After the bonds have been
properly sold and executed, the executive director or president shall
deliver them to the controller of the authority and take a receipt for
them, and shall certify to the treasurer the amount that the purchaser is
to pay, together with the name and address of the purchaser. On
payment of the purchase price the controller shall deliver the bonds to
the purchaser, and the controller and executive director or president
shall report their actions to the board.
(f) General obligation bonds issued under this section are subject to
the provisions of IC 5-1 and IC 6-1.1-20 relating to the filing of a
petition requesting the issuance of bonds, the appropriation of the
proceeds of bonds, the right of taxpayers to appeal and be heard on the
proposed appropriation, the approval of the appropriation by the
department of local government finance, the right of taxpayers and
voters to remonstrate against the issuance of bonds, and the sale of
bonds for not less than their par value.
(g) Notice of the filing of a petition requesting the issuance of
bonds, notice of determination to issue bonds, and notice of the
appropriation of the proceeds of the bonds shall be given by posting in
the offices of the authority for a period of one (1) week and by
publication in accordance with IC 5-3-1.
(h) The bonds are not a corporate indebtedness of any unit, but are
an indebtedness of the authority as a municipal corporation. A suit to
question the validity of the bonds issued or to prevent their issuance
may not be instituted after the date set for sale of the bonds, and after
that date the bonds may not be contested for any cause.
(i) The bonds issued under this section and the interest on them are
exempt from taxation for all purposes except the financial institutions
tax imposed under IC 6-5.5 or a state inheritance tax imposed under
IC 6-4.1.
SOURCE: IC 36-9-4-45; (07)SE0287.1.142. -->
SECTION 142. IC 36-9-4-45 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 45. (a) Bonds
issued under this chapter:
(1) shall be issued in the denomination;
(2) are payable over a period not to exceed thirty (30) years from
the date of the bonds; and
(3) mature;
as determined by the ordinance authorizing the bond issue.
(b) All bonds issued under this chapter, the interest on them, and the
income from them are exempt from taxation to the extent provided by
IC 6-8-5-1.
(c) The provisions of IC 6-1.1-20 relating to filing petitions
requesting the issuance of bonds and giving notice of those petitions,
giving notice of a hearing on the appropriation of the proceeds of the
bonds, the right of taxpayers to appear and be heard on the proposed
appropriation, the approval of the appropriation by the department of
local government finance, and the right of taxpayers and voters to
remonstrate against the issuance of bonds apply to the issuance of
bonds under this chapter.
(d) A suit to question the validity of bonds issued under this chapter
or to prevent their issue and sale may not be instituted after the date set
for the sale of the bonds, and the bonds are incontestable after that date.
SOURCE: IC 36-9-11.1-11; (07)SE0287.1.143. -->
SECTION 143. IC 36-9-11.1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 11. (a) All
property of every kind, including air rights, acquired for off-street
parking purposes, and all its funds and receipts, are exempt from
taxation for all purposes. When any real property is acquired by the
consolidated city, the county auditor shall, upon certification of that
fact by the board, cancel all taxes then a lien. The certificate of the
board must specifically describe the real property, including air rights,
and the purpose for which acquired.
(b) A lessee of the city may not be assessed any tax upon any land,
air rights, or improvements leased from the city, but the separate
leasehold interest has the same status as leases on taxable real property,
notwithstanding any other law. Except as provided in subsection (c),
whenever the city sells any such property to anyone for private use, the
property becomes liable for all taxes after that, as other property is so
liable and is assessed, and the board shall report all such sales to the
township assessor, who shall cause the property to be upon the proper
tax records.
(c) If the duties of the township assessor have been transferred
to the county assessor as described in IC 6-1.1-1-24, a reference to
the township assessor in this section is considered to be a reference
to the county assessor.
SOURCE: IC 36-10-3-24; (07)SE0287.1.144. -->
SECTION 144. IC 36-10-3-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24. (a) In order to
raise money to pay for land to be acquired for any of the purposes
named in this chapter, to pay for an improvement authorized by this
chapter, or both, and in anticipation of the special benefit tax to be
levied as provided in this chapter, the board shall cause to be issued, in
the name of the unit, the bonds of the district. The bonds may not
exceed in amount the total cost of all land to be acquired and all
improvements described in the resolution, including all expenses
necessarily incurred in connection with the proceedings, together with
a sum sufficient to pay the costs of supervision and inspection during
the period of construction of a work. The expenses to be covered in the
bond issue include all expenses of every kind actually incurred
preliminary to acquiring the land and the construction of the work, such
as the cost of the necessary record, engineering expenses, publication
of notices, preparation of bonds, and other necessary expenses. If more
than one (1) resolution or proceeding of the board under section 23 of
this chapter is confirmed whereby different parcels of land are to be
acquired, or more than one (1) contract for work is let by the board at
approximately the same time, the cost involved under all of the
resolutions and proceedings may be included in one (1) issue of bonds.
(b) The bonds may be issued in any denomination not less than one
thousand dollars ($1,000) each, in not less than five (5) nor more than
forty (40) annual series. The bonds are payable one (1) series each
year, beginning at a date after the receipt of taxes from a levy made for
that purpose. The bonds are negotiable. The bonds may bear interest at
any rate, payable semiannually. After adopting a resolution ordering
bonds, the board shall certify a copy of the resolution to the unit's fiscal
officer. The fiscal officer shall prepare the bonds and the unit's
executive shall execute them, attested by the fiscal officer.
(c) The bonds and the interest on them are exempt from taxation as
prescribed by IC 6-8-5-1. Bonds issued under this section are subject
to the provisions of IC 5-1 and IC 6-1.1-20 relating to the filing of a
petition requesting the issuance of bonds, the right of taxpayers and
voters to remonstrate against the issuance of bonds, the appropriation
of the proceeds of the bonds and approval by the department of local
government finance, and the sale of bonds at public sale for not less
than their par value.
(d) The board may not have bonds of the district issued under this
section that are payable by special taxation when the total issue for that
purpose, including the bonds already issued or to be issued, exceeds
two percent (2%) of the adjusted value of the taxable property in the
district as determined under IC 36-1-15. All bonds or obligations
issued in violation of this subsection are void. The bonds are not
obligations or indebtedness of the unit, but constitute an indebtedness
of the district as a special taxing district. The bonds and interest are
payable only out of a special tax levied upon all the property of the
district as prescribed by this chapter. The bonds must recite the terms
upon their face, together with the purposes for which they are issued.
SOURCE: IC 36-10-7.5-22; (07)SE0287.1.145. -->
SECTION 145. IC 36-10-7.5-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) To raise
money to pay for land to be acquired for any of the purposes named in
this chapter or to pay for an improvement authorized by this chapter,
and in anticipation of the special benefit tax to be levied as provided in
this chapter, the legislative body shall issue in the name of the
township the bonds of the district. The bonds may not exceed in
amount the total cost of all land to be acquired and all improvements
described in the resolution, including all expenses necessarily incurred
in connection with the proceedings, together with a sum sufficient to
pay the costs of supervision and inspection during the period of
construction of a work. The expenses to be covered in the bond issue
include all expenses of every kind actually incurred preliminary to
acquiring the land and the construction of the work, such as the cost of
the necessary record, engineering expenses, publication of notices,
preparation of bonds, and other necessary expenses. If more than one
(1) resolution or proceeding of the legislative body under this chapter
is confirmed whereby different parcels of land are to be acquired or
more than one (1) contract for work is let by the executive at
approximately the same time, the cost involved under all of the
resolutions and proceedings may be included in one (1) issue of bonds.
(b) The bonds may be issued in any denomination not less than one
thousand dollars ($1,000) each, in not less than five (5) nor more than
forty (40) annual series. The bonds are payable one (1) series each
year, beginning at a date after the receipt of taxes from a levy made for
that purpose. The bonds are negotiable. The bonds may bear interest at
any rate, payable semiannually. After adopting a resolution ordering
bonds, the legislative body shall certify a copy of the resolution to the
township's fiscal officer. The fiscal officer shall prepare the bonds and
the executive shall execute the bonds, attested by the fiscal officer.
(c) The bonds and the interest on the bonds are exempt from
taxation as prescribed by IC 6-8-5-1. Bonds issued under this section
are subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to the
filing of a petition requesting the issuance of bonds, the right of
taxpayers and voters to remonstrate against the issuance of bonds, the
appropriation of the proceeds of the bonds with the approval of the
department of local government finance, and the sale of bonds at public
sale for not less than the par value of the bonds.
(d) The legislative body may not have bonds of the district issued
under this section that are payable by special taxation when the total
issue for that purpose, including the bonds already issued or to be
issued, exceeds two percent (2%) of the total adjusted value of the
taxable property in the district as determined under IC 36-1-15. All
bonds or obligations issued in violation of this subsection are void. The
bonds are not obligations or indebtedness of the township but constitute
an indebtedness of the district as a special taxing district. The bonds
and interest are payable only out of a special tax levied upon all the
property of the district as prescribed by this chapter. A bond must
recite the terms upon the face of the bond, together with the purposes
for which the bond is issued.
SOURCE: IC 36-10-8-16; (07)SE0287.1.146. -->
SECTION 146. IC 36-10-8-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) A capital
improvement may be financed in whole or in part by the issuance of
general obligation bonds of the county or, if the authority was created
under IC 18-7-18 (before its repeal on February 24, 1982), also of the
city, if the board determines that the estimated annual net income of the
capital improvement, plus the estimated annual tax revenues to be
derived from any tax revenues made available for this purpose, will not
be sufficient to satisfy and pay the principal of and interest on all bonds
issued under this chapter, including the bonds then proposed to be
issued.
(b) If the board desires to finance a capital improvement in whole
or in part as provided in this section, it shall have prepared a resolution
to be adopted by the county executive authorizing the issuance of
general obligation bonds, or, if the authority was created under
IC 18-7-18 (before its repeal on February 24, 1982), by the fiscal body
of the city authorizing the issuance of general obligation bonds. The
resolution must set forth an itemization of the funds and assets received
by the board, together with the board's valuation and certification of the
cost. The resolution must state the date or dates on which the principal
of the bonds is payable, the maximum interest rate to be paid, and the
other terms upon which the bonds shall be issued. The board shall
submit the proposed resolution to the proper officers, together with a
certificate to the effect that the issuance of bonds in accordance with
the resolution will be in compliance with this section. The certificate
must also state the estimated annual net income of the capital
improvement to be financed by the bonds, the estimated annual tax
revenues, and the maximum amount payable in any year as principal
and interest on the bonds issued under this chapter, including the bonds
proposed to be issued, as the maximum interest rate set forth in the
resolution. The bonds issued may mature over a period not exceeding
forty (40) years from the date of issue.
(c) Upon receipt of the resolution and certificate, the proper officers
may adopt them and take all action necessary to issue the bonds in
accordance with the resolution. An action to contest the validity of
bonds issued under this section may not be brought after the fifteenth
day following the receipt of bids for the bonds.
(d) The provisions of all general statutes relating to:
(1) the filing of a petition requesting the issuance of bonds and
giving notice;
(2) the right of taxpayers and voters to remonstrate against the
issuance of bonds;
(3) the giving of notice of the determination to issue bonds;
(4) the giving of notice of a hearing on the appropriation of the
proceeds of bonds;
(5) the right of taxpayers to appear and be heard on the proposed
appropriation;
(6) the approval of the appropriation by the department of local
government finance; and
(7) the sale of bonds at public sale;
apply to the issuance of bonds under this section.
SOURCE: IC 36-10-9-15; (07)SE0287.1.147. -->
SECTION 147. IC 36-10-9-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) A capital
improvement may be financed in whole or in part by the issuance of
general obligation bonds of the county.
(b) If the board desires to finance a capital improvement in whole
or in part as provided in this section, it shall have prepared a resolution
to be adopted by the board of commissioners of the county authorizing
the issuance of general obligation bonds. The resolution must state the
date or dates on which the principal of the bonds is payable, the
maximum interest rate to be paid, and the other terms upon which the
bonds shall be issued. The board shall submit the proposed resolution
to the board of commissioners of the county, together with a certificate
to the effect that the issuance of bonds in accordance with the
resolution will be in compliance with this section. The certificate must
also state the estimated annual net income of the capital improvement
to be financed by the bonds, the estimated annual tax revenues, and the
maximum amount payable in any year as principal and interest on the
bonds issued under this chapter, including the bonds proposed to be
issued, at the maximum interest rate set forth in the resolution. The
bonds issued may mature over a period not exceeding forty (40) years
from the date of issue.
(c) Upon receipt of the resolution and certificate, the board of
commissioners of the county may adopt them and take all action
necessary to issue the bonds in accordance with the resolution. An
action to contest the validity of bonds issued under this section may not
be brought after the fifteenth day following the receipt of bids for the
bonds.
(d) The provisions of all general statutes relating to:
(1) the filing of a petition requesting the issuance of bonds and
giving notice;
(2) the right of taxpayers and voters to remonstrate against the
issuance of bonds;
(3) the giving of notice of the determination to issue bonds;
(4) the giving of notice of a hearing on the appropriation of the
proceeds of bonds;
(5) the right of taxpayers to appear and be heard on the proposed
appropriation;
(6) the approval of the appropriation by the department of local
government finance; and
(7) the sale of bonds at public sale for not less than par value;
are applicable to the issuance of bonds under this section.
SOURCE: IC 36-12-3-12; (07)SE0287.1.148. -->
SECTION 148. IC 36-12-3-12, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12. (a) The library board shall determine the rate
of taxation for the library district that is necessary for the proper
operation of the library. The library board shall certify the rate to the
county auditor. The county auditor shall certify the tax rate to the
county tax adjustment board in the manner provided in IC 6-1.1. An
additional rate may be levied under section 10(4) of this chapter.
(b) If the library board fails to:
(1) give:
(A) a first published notice to the board's taxpayers of the
board's proposed budget and tax levy for the ensuing year at
least ten (10) days before the public hearing required under
IC 6-1.1-17-3; and
(B) a second published notice to the board's taxpayers of the
board's proposed budget and tax levy for the ensuing year at
least three (3) days before the public hearing required under
IC 6-1.1-17-3; or
(2) finally adopt the budget and fix the tax levy not later than
September 20; 30;
the last preceding annual appropriation made for the public library is
renewed for the ensuing year, and the last preceding annual tax levy is
continued. Under this subsection, the treasurer of the library board
shall report the continued tax levy to the county auditor not later than
September 20. 30.
SOURCE: IC 6-1.1-15-2.1; IC 6-1.1-35.5-8; IC 6-6-5.5-18. ;
(07)SE0287.1.149. -->
SECTION 149. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2007]: IC 6-1.1-15-2.1; IC 6-1.1-35.5-8;
IC 6-6-5.5-18.
SOURCE: IC 6-1.1-14-2; IC 6-1.1-14-3;IC 6-1.1-35-1.1.
; (07)SE0287.1.150. -->
SECTION 150. THE FOLLOWING ARE REPEALED
[EFFECTIVE JANUARY 1, 2008]: IC 6-1.1-14-2;
IC 6-1.1-14-3;IC 6-1.1-35-1.1.
SOURCE: ; (07)SE0287.1.151. -->
SECTION 151. [EFFECTIVE JANUARY 1, 2007
(RETROACTIVE)]
(a) The definitions in IC 6-1.1-1 apply
throughout this SECTION.
(b) This SECTION applies instead of IC 6-1.1-18-12.
(c) For purposes of this SECTION, "maximum rate" refers to
the maximum:
(1) property tax rate or rates; or
(2) special benefits tax rate or rates;
referred to in the statutes listed in subsection (f).
(d) The maximum rate for taxes first due and payable after 2003
is the maximum rate that would have been determined under
subsection (g) for taxes first due and payable in 2003 if subsection
(g) had applied for taxes first due and payable in 2003.
(e) The maximum rate must be adjusted:
(1) each time an annual adjustment of the assessed value of
real property takes effect under IC 6-1.1-4-4.5; and
(2) each time a general reassessment of real property takes
effect under IC 6-1.1-4-4.
(f) The statutes to which subsection (c) refers are:
(1) IC 8-10-5-17;
(2) IC 8-22-3-11;
(3) IC 8-22-3-25;
(4) IC 12-29-1-1;
(5) IC 12-29-1-2;
(6) IC 12-29-1-3;
(7) IC 12-29-3-6;
(8) IC 13-21-3-12;
(9) IC 13-21-3-15;
(10) IC 14-27-6-30;
(11) IC 14-33-7-3;
(12) IC 14-33-21-5;
(13) IC 15-1-6-2;
(14) IC 15-1-8-1;
(15) IC 15-1-8-2;
(16) IC 16-20-2-18;
(17) IC 16-20-4-27;
(18) IC 16-20-7-2;
(19) IC 16-22-14;
(20) IC 16-23-1-29;
(21) IC 16-23-3-6;
(22) IC 16-23-4-2;
(23) IC 16-23-5-6;
(24) IC 16-23-7-2;
(25) IC 16-23-8-2;
(26) IC 16-23-9-2;
(27) IC 16-41-15-5;
(28) IC 16-41-33-4;
(29) IC 20-46-2-3;
(30) IC 20-46-6-5;
(31) IC 20-49-2-10;
(32) IC 23-13-17-1;
(33) IC 23-14-66-2;
(34) IC 23-14-67-3;
(35) IC 36-7-13-4;
(36) IC 36-7-14-28;
(37) IC 36-7-15.1-16;
(38) IC 36-8-19-8.5;
(39) IC 36-9-6.1-2;
(40) IC 36-9-17.5-4;
(41) IC 36-9-27-73;
(42) IC 36-9-29-31;
(43) IC 36-9-29.1-15;
(44) IC 36-10-6-2;
(45) IC 36-10-7-7;
(46) IC 36-10-7-8;
(47) IC 36-10-7.5-19;
(48) IC 36-10-13-5;
(49) IC 36-10-13-7;
(50) IC 36-10-14-4;
(51) IC 36-12-7-7;
(52) IC 36-12-7-8;
(53) IC 36-12-12-10; and
(54) any statute enacted after December 31, 2003, that:
(A) establishes a maximum rate for any part of the:
(i) property taxes; or
(ii) special benefits taxes;
imposed by a political subdivision; and
(B) does not exempt the maximum rate from the
adjustment under this section.
(g) The new maximum rate under a statute listed in subsection
(f) is the tax rate determined under STEP SEVEN of the following
STEPS:
STEP ONE: Determine the maximum rate for the political
subdivision levying a property tax or special benefits tax
under the statute for the year preceding the year in which the
annual adjustment or general reassessment takes effect.
STEP TWO: Determine the actual percentage increase
(rounded to the nearest one-hundredth percent (0.01%)) in
the assessed value (before the adjustment, if any, under
IC 6-1.1-4-4.5) of the taxable property from the year
preceding the year the annual adjustment or general
reassessment takes effect to the year that the annual
adjustment or general reassessment takes effect.
STEP THREE: Determine the three (3) calendar years that
immediately precede the ensuing calendar year and in which
a statewide general reassessment of real property does not
first take effect.
STEP FOUR: Compute separately, for each of the calendar
years determined in STEP THREE, the actual percentage
increase (rounded to the nearest one-hundredth percent
(0.01%)) in the assessed value (before the adjustment, if any,
under IC 6-1.1-4-4.5) of the taxable property from the
preceding year.
STEP FIVE: Divide the sum of the three (3) quotients
computed in STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the
STEP FIVE percentage.
STEP SEVEN: Determine the quotient of the STEP ONE tax
rate divided by the sum of one (1) plus the STEP SIX
percentage increase.
(h) The department of local government finance shall compute
the maximum rate allowed under subsection (g) and provide the
rate to each political subdivision with authority to levy a tax under
a statute listed in subsection (f).
(i) This SECTION expires June 30, 2007.
SOURCE: ; (07)SE0287.1.152. -->
SECTION 152. [EFFECTIVE UPON PASSAGE] (a) The
legislative services agency shall prepare legislation for introduction
in the 2008 regular session of the general assembly to correct
statutes affected by this act.
(b) This SECTION expires July 1, 2008.
SOURCE: ; (07)SE0287.1.153. -->
SECTION 153. [EFFECTIVE UPON PASSAGE]
(a) The
legislative council shall provide for an interim study committee to
study the following topics:
(1) Whether there are ways to:
(A) improve the efficiency of the system for real property
sales disclosure established in IC 6-1.1-5.5; and
(B) decrease the administrative burden of real property
sales disclosure on parties to a real property conveyance.
(2) The role in the system of the department of local
government finance and rulemaking by the department.
(b) The department of local government finance shall provide
information and recommendations to assist in the committee's
study under subsection (a).
(c) This SECTION expires January 1, 2008.
SOURCE: ; (07)SE0287.1.154. -->
SECTION 154. [EFFECTIVE UPON PASSAGE] (a) This
SECTION applies to a political subdivision's determination to issue
bonds or enter into a lease rental only to the extent that the law
under which the political subdivision intends to issue the bonds or
enter into the lease rental applies IC 6-1.1-20 to the political
subdivision's determination.
(b) The right of taxpayers to remonstrate against the issuance
of bonds or a lease rental under IC 6-1.1-20-3.1 and
IC 6-1.1-20-3.2, as in effect before their amendment by this act,
applies to a preliminary determination to issue bonds or enter into
a lease rental made before the effective date of this SECTION.
(c) The right of registered voters to remonstrate against the
issuance of bonds or a lease rental under IC 6-1.1-20-3.1 and
IC 6-1.1-20-3.2, both as amended by this act, applies to a
preliminary determination to issue bonds or enter into a lease
rental made on or after the effective date of this SECTION.
(d) This SECTION expires July 1, 2008.
SOURCE: ; (07)SE0287.1.155. -->
SECTION 155. [EFFECTIVE UPON PASSAGE] (a) The state
board of accounts shall before July 1, 2007, design and prepare the
forms and instructions to be used under IC 6-1.1-20-3.1 and
IC 6-1.1-20-3.2, both as amended by this act.
(b) This SECTION expires December 31, 2007.
SOURCE: ; (07)SE0287.1.156. -->
SECTION 156. [EFFECTIVE UPON PASSAGE]
(a) IC 6-1.1-15-1,
as amended by this act, applies only to:
(1) notices of review filed under IC 6-1.1-15-1, as amended by
this act, after June 30, 2007; and
(2) subsequent proceedings in connection with those notices of
review.
(b) IC 6-1.1-15-2.1, before its repeal by this act, applies only to
reviews initiated under IC 6-1.1-15-1 before July 1, 2007.
(c) IC 6-1.1-15-3 and IC 6-1.1-15-4, both as amended by this act,
apply only to:
(1) petitions for review filed under IC 6-1.1-15-3, as amended
by this act, with respect to notices of action of a county
property tax assessment board of appeals issued after June
30, 2007; and
(2) subsequent proceedings in connection with those petitions
for review.
(d) IC 6-1.1-8-30, IC 6-1.1-15-5, IC 6-1.1-26-2, IC 6-1.1-26-3,
and IC 6-1.1-26-4, all as amended by this act, apply only to:
(1) petitions for judicial review filed under IC 6-1.1-15-5, as
amended by this act, with respect to final determinations of
the Indiana board of tax review issued after June 30, 2007;
and
(2) subsequent proceedings in connection with those petitions
for judicial review.
(e) IC 6-1.1-15-8 and IC 6-1.1-15-9, both as amended by this act,
apply only to:
(1) decisions of the Indiana tax court issued after June 30,
2007; and
(2) subsequent proceedings in connection with those decisions.
SOURCE: ; (07)SE0287.1.157. -->
SECTION 157. [EFFECTIVE JANUARY 1, 2008] IC 6-1.1-5.5-3,
as amended by this act, applies only to a conveyance, as defined in
IC 6-1.1-5.5-1, after December 31, 2007.
SOURCE: ; (07)SE0287.1.158. -->
SECTION 158. [EFFECTIVE JANUARY 1, 2008] (a)
IC 6-1.1-3-10 and IC 6-1.1-3-18, both as amended by this act, apply
only to assessment dates after December 31, 2007.
(b) This SECTION expires January 1, 2010.
SOURCE: ; (07)SE0287.1.159. -->
SECTION 159. [EFFECTIVE JANUARY 1, 2007
(RETROACTIVE)] IC 6-1.1-18-12, IC 6-1.1-18-13, and
IC 6-1.1-18.5-9.8, all as amended by this act, apply only to property
taxes first due and payable after December 31, 2006.
SOURCE: ; (07)SE0287.1.160. -->
SECTION 160. [EFFECTIVE JULY 1, 2007] IC 6-1.1-12.1-4,
IC 6-1.1-12.1-4.1, IC 6-1.1-12.1-4.5, IC 6-1.1-12.1-4.8,
IC 6-1.1-12.4-2, IC 6-1.1-12.4-3, IC 6-1.1-40-10, and IC 6-1.1-42-28,
all as amended by this act, and IC 6-1.1-12.1-15, IC 6-1.1-12.4-14,
IC 6-1.1-40-14, and IC 6-1.1-42-34, all as added by this act, apply
only to corrections of assessed value deductions for assessment
dates after December 31, 2007.
SOURCE: ; (07)SE0287.1.161. -->
SECTION 161. [EFFECTIVE JANUARY 1, 2006
(RETROACTIVE)]
IC 6-1.1-12.1-1, as amended by this act, applies
only to the installation of tangible personal property after
December 31, 2005.
SOURCE: ; (07)SE0287.1.162. -->
SECTION 162. [EFFECTIVE JULY 1, 2006 (RETROACTIVE)] (a)
The definitions in IC 6-1.1-1 apply throughout this SECTION.
(b) A reference in this SECTION to IC 6-1.1-15-1 is a reference
to that section as in effect on July 1, 2006.
(c) Notwithstanding IC 6-1.1-15-1(b)(1), a taxpayer that receives
a tax statement under IC 6-1.1-22 or a provisional tax statement
under IC 6-1.1-22.5 for the first installment of property taxes first
due and payable in 2007 may appeal the assessment under
IC 6-1.1-15-1 by requesting in writing a preliminary conference
with the county or township official referred to in IC 6-1.1-15-1(a)
not later than the later of:
(1) forty-five (45) days after:
(A) the tax statement under IC 6-1.1-22; or
(B) provisional tax statement under IC 6-1.1-22.5;
is given to the taxpayer; or
(2) July 1, 2007.
(d) This SECTION expires January 1, 2009.
SOURCE: ; (07)SE0287.1.163. -->
SECTION 163. [EFFECTIVE MARCH 1, 2007 (RETROACTIVE)]
IC 6-1.1-12-9, IC 6-1.1-12-14, and IC 6-1.1-12-17.4, all as amended
by this act, apply to property taxes first due and payable after
December 31, 2007.
SOURCE: ; (07)SE0287.1.164. -->
SECTION 164.
An emergency is declared for this act.
SEA 287
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