SENATE JOINT
RESOLUTION No. 20
_____
DIGEST OF INTRODUCED RESOLUTION
Citations Affected: Articles 8, 10, and 13 of the Constitution of the
State of Indiana.
Synopsis: Removes requirement for property taxation. Amends Article
10, Section 1 of the Constitution of the State of Indiana to allow
(instead of require) the general assembly to provide for property
assessment and taxation. Provides that if the general assembly provides
for property assessment and taxation, the conditions and limitations
that apply currently under Article 10, Section 1 continue to apply.
Makes conforming amendments to Article 8, Section 2, and Article 13,
Section 1. This proposed amendment has not been previously agreed
to by a general assembly.
Effective: This proposed amendment must be agreed to by two
consecutive general assemblies and ratified by a majority of the state's
voters voting on the question to be effective.
Young R
January 10, 2008, read first time and referred to Committee on Tax and Fiscal Policy.
Introduced
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the word
NEW will appear in that style type in the introductory clause of each SECTION that adds a
new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2007 Regular Session of the General Assembly.
SENATE JOINT
RESOLUTION No. 20
A JOINT RESOLUTION proposing an amendment to Articles 8,
10, and 13 of the Constitution of the State of Indiana concerning
taxation.
Be it resolved by the General Assembly of the State of Indiana:
SOURCE: ; (08)SJ9632.1. -->
SECTION 1. The following amendment to the Constitution of the
State of Indiana is proposed and agreed to by this, the One Hundred
Fifteenth General Assembly of the State of Indiana, and is referred to
the next General Assembly for reconsideration and agreement.
SOURCE: CON 8; (08)SJ9632.2. -->
SECTION 2. ARTICLE 8, SECTION 2 OF THE CONSTITUTION
OF THE STATE OF INDIANA IS AMENDED TO READ AS
FOLLOWS: Section 2. The Common School fund shall consist of the
Congressional Township fund, and the lands belonging thereto;
The Surplus Revenue fund;
The Saline fund and the lands belonging thereto;
The Bank Tax fund, and the fund arising from the one hundred and
fourteenth section of the charter of the State Bank of Indiana;
The fund to be derived from the sale of County Seminaries, and the
moneys and property heretofore held for such Seminaries; from the
fines assessed for breaches of the penal laws of the State; and from all
forfeitures which may accrue;
All lands and other estate which shall escheat to the State, for want
of heirs or kindred entitled to the inheritance;
All lands that have been, or may hereafter be, granted to the State,
where no special purpose is expressed in the grant, and the proceeds of
the sales thereof; including the proceeds of the sales of the Swamp
Lands, granted to the State of Indiana by the act of Congress of the
twenty eighth of September, eighteen hundred and fifty, after deducting
the expense of selecting and draining the same;
If the General Assembly provides, by law, for property
assessment and taxation under Article 10, Section 1, taxes on the
property of corporations, that may be assessed by the General
Assembly for common school purposes.
SOURCE: CON 10; (08)SJ9632.3. -->
SECTION 3. ARTICLE 10, SECTION 1 OF THE CONSTITUTION
OF THE STATE OF INDIANA IS AMENDED TO READ AS
FOLLOWS: Section 1.
(a) The General Assembly
shall may provide,
by law, for
a uniform and equal rate of property assessment and
taxation.
and If the General Assembly provides, by law, for
property assessment and taxation, the General Assembly:
(1) shall provide for a uniform and equal rate of property
assessment and taxation;
(2) shall prescribe regulations to secure a just valuation for
taxation of all property, both real and personal;
The General
Assembly
(3) may exempt from property taxation any property in any of the
following classes:
(1) (A) Property being used for municipal, educational,
literary, scientific, religious, or charitable purposes.
(2) (B) Tangible personal property other than property being
held as an investment.
(3) (C) Intangible personal property.
(4) (D) Tangible real property, including curtilage, used as a
principal place of residence by an:
(A) (i) owner of the property;
(B) (ii) individual who is buying the tangible real property
under a contract; or
(C) (iii) individual who has a beneficial interest in the owner
of the tangible real property;
(b) The General Assembly and
(4) may exempt any motor vehicles, mobile homes, airplanes,
boats, trailers, or similar property, provided that an excise tax in
lieu of the property tax is substituted therefor.
SOURCE: CON 13; (08)SJ9632.4. -->
SECTION 4. ARTICLE 13, SECTION 1 OF THE CONSTITUTION
OF THE STATE OF INDIANA IS AMENDED TO READ AS
FOLLOWS: Section 1.
(a) Subject to subsection (b), no political or
municipal corporation in this State shall ever become indebted, in any
manner or for any purpose to an amount, in the aggregate, exceeding
two per centum on the value of the taxable property within such
corporation, to be ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness; and all
bonds or obligations, in excess of such amount, given by such
corporations, shall be void.
Provided, That However, in time of war,
foreign invasion, or other great public calamity, on petition of a
majority of the property owners in number and value, within the limits
of such corporation, the public authorities, in their discretion, may
incur obligations necessary for the public protection and defense to
such amount as may be requested in such petition.
(b) Subsection (a) applies only if the General Assembly provides,
by law, for property assessment and taxation under Article 10,
Section 1.