SOURCE: Page 9, line 15; (09)MO144709.9. -->
Page 9, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 6-1.1-12-2; (09)MO144709.13. -->
"SECTION 13. IC 6-1.1-12-2, AS AMENDED BY P.L.144-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. (a) Except as provided in section 17.8 of this
chapter and subject to section 45 of this chapter, a person who desires
to claim the deduction provided by section 1 of this chapter must file
a statement in duplicate, on forms prescribed by the department of local
government finance, with the auditor of the county in which the real
property, mobile home not assessed as real property, or manufactured
home not assessed as real property is located. With respect to real
property, the statement must be filed
during before January 10 of the
year that immediately succeeds the year for which the person wishes
to obtain the deduction. With respect to a mobile home that is not
assessed as real property or a manufactured home that is not assessed
as real property, the statement must be filed during the twelve (12)
months before March 31 of each year for which the individual wishes
to obtain the deduction. The statement may be filed in person or by
mail. If mailed, the mailing must be postmarked on or before the last
day for filing. In addition to the statement required by this subsection,
a contract buyer who desires to claim the deduction must submit a copy
of the recorded contract or recorded memorandum of the contract,
which must contain a legal description sufficient to meet the
requirements of IC 6-1.1-5, with the first statement that the buyer files
under this section with respect to a particular parcel of real property.
Upon receipt of the statement and the recorded contract or recorded
memorandum of the contract, the county auditor shall assign a separate
description and identification number to the parcel of real property
being sold under the contract.
(b) The statement referred to in subsection (a) must be verified
under penalties for perjury, and the statement must contain the
following information:
(1) The balance of the person's mortgage or contract indebtedness
on the assessment date of the year for which the deduction is
claimed.
(2) The assessed value of the real property, mobile home, or
manufactured home.
(3) The full name and complete residence address of the person
and of the mortgagee or contract seller.
(4) The name and residence of any assignee or bona fide owner or
holder of the mortgage or contract, if known, and if not known,
the person shall state that fact.
(5) The record number and page where the mortgage, contract, or
memorandum of the contract is recorded.
(6) A brief description of the real property, mobile home, or
manufactured home which is encumbered by the mortgage or sold
under the contract.
(7) If the person is not the sole legal or equitable owner of the real
property, mobile home, or manufactured home, the exact share of
the person's interest in it.
(8) The name of any other county in which the person has applied
for a deduction under this section and the amount of deduction
claimed in that application.
(c) The authority for signing a deduction application filed under this
section may not be delegated by the real property, mobile home, or
manufactured home owner or contract buyer to any person except upon
an executed power of attorney. The power of attorney may be contained
in the recorded mortgage, contract, or memorandum of the contract, or
in a separate instrument.".
SOURCE: Page 18, line 19; (09)MO144709.18. -->
Page 18, line 19, strike "on or before December 31 of" and insert
"
during".
Page 18, line 19, after "year" insert "
or before January 10 of the
immediately succeeding calendar year (beginning in 2010)".
Page 18, line 32, strike "calendar year that".
Page 18, line 32, strike "succeeds".
Page 18, line 33, strike "the" and insert "
succeeding".
Renumber all SECTIONS consecutively.
(Reference is to HB 1447 as printed February 20, 2009.)
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MO144709/DI 58 2009