SB 388-2_ Filed 03/23/2009, 11:20 Crawford
Adopted 3/23/2009


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 388 be amended to read as follows:

SOURCE: Page 2, line 32; (09)MO038801.2. -->     Page 2, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: IC 6-1.1-20.6-7; (09)MO038801.2. -->     "SECTION 2. IC 6-1.1-20.6-7, AS AMENDED BY P.L.146-2008, SECTION 222, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 7. (a) This subsection expires January 1, 2009. In the case of a credit authorized under section 6 of this chapter or provided by section 6.5(a) or 6.5(b) of this chapter for property taxes first due and payable in a calendar year:
        (1) a person is entitled to a credit against the person's property tax liability for property taxes first due and payable in that calendar year attributable to:
            (A) the person's qualified residential property located in the county, in the case of a calendar year before 2008; or
            (B) the person's homestead. (as defined in IC 6-1.1-20.9-1) property located in the county, in the case of a calendar year after 2007 and before 2009; and
        (2) the amount of the credit is the amount by which the person's property tax liability attributable to:
            (A) the person's qualified residential property, in the case of a calendar year before 2008; or
            (B) the person's homestead property, in the case of a calendar year after 2007 and before 2009;
for property taxes first due and payable in that calendar year exceeds two percent (2%) of the gross assessed value that is the basis for

determination of property taxes on the qualified residential property (in the case of a calendar year before 2008) or the person's homestead property (in the case of a calendar year after 2007 and before 2009) for property taxes first due and payable in that calendar year, as adjusted under subsection (b).
    (b) This subsection expires January 1, 2009. This subsection applies to property taxes first due and payable in 2008. The amount of a credit to which a person is entitled under subsection (a) in a county shall be determined without including a taxpayer's property tax liability for tuition support. Notwithstanding any other provision of this chapter, a school corporation's tuition support property tax levy collections may not be reduced because of a credit under this chapter.
    (c) This subsection applies to property taxes first due and payable in expires January 1, 2009. A person is entitled to a credit against the person's property tax liability for property taxes first due and payable in 2009. The amount of the credit is the amount by which the person's property tax liability attributable to the person's:
        (1) homestead exceeds one and five-tenths percent (1.5%);
        (2) residential property exceeds two and five-tenths percent (2.5%);
        (3) long term care property exceeds two and five-tenths percent (2.5%);
        (4) agricultural land exceeds two and five-tenths percent (2.5%);
        (5) nonresidential real property exceeds three and five-tenths percent (3.5%); or
        (6) personal property exceeds three and five-tenths percent (3.5%);
of the gross assessed value of the property that is the basis for determination of property taxes for that calendar year.
    (d) This subsection applies to property taxes first due and payable in expires January 1, 2009. Property taxes imposed after being approved by the voters in a referendum or local public question shall not be considered for purposes of calculating a person's credit under this section.
    (e) This subsection applies to property taxes first due and payable in expires January 1, 2009. As used in this subsection, "eligible county" means only a county for which the general assembly determines in 2008 that limits to property tax liability under this chapter are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units of local government and school corporations in the county by at least twenty percent (20%). Property taxes imposed in an eligible county to pay debt service or make lease payments for bonds or leases issued or entered into before July 1, 2008, shall not be considered for purposes of calculating a person's credit under this section.

SOURCE: IC 6-1.1-20.6-7.5; (09)MO038801.3. -->     SECTION 3. IC 6-1.1-20.6-7.5, AS ADDED BY P.L.146-2008,

SECTION 223, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 7.5.(a) A person is entitled to a credit against the person's property tax liability for property taxes first due and payable after 2009. 2008. The amount of the credit is the amount by which the person's property tax liability attributable to the person's:
        (1) homestead exceeds one percent (1%);
        (2) residential property exceeds two percent (2%);
        (3) long term care property exceeds two percent (2%);
        (4) agricultural land exceeds two percent (2%);
        (5) nonresidential real property exceeds three percent (3%); or
        (6) personal property exceeds three percent (3%);
of the gross assessed value of the property that is the basis for determination of property taxes for that calendar year.
    (b) This subsection applies to property taxes first due and payable after 2009. 2008. Property taxes imposed after being approved by the voters in a referendum or local public question shall not be considered for purposes of calculating a person's credit under this section.
    (c) This subsection applies to property taxes first due and payable after 2009. 2008. As used in this subsection, "eligible county" means only a county for which the general assembly determines in 2008 that limits to property tax liability under this chapter are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units of local government and school corporations in the county by at least twenty percent (20%). Property taxes imposed in an eligible county to pay debt service or make lease payments for bonds or leases issued or entered into before July 1, 2008, shall not be considered for purposes of calculating a person's credit under this section.".

SOURCE: Page 4, line 8; (09)MO038801.4. -->     Page 4, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: ; (09)MO038801.6. -->     "SECTION 6. [EFFECTIVE UPON PASSAGE] The department of local government finance may adopt temporary rules under this SECTION in the manner provided under IC 4-22-2-37.1 for the adoption of emergency rules to implement IC 6-1.1-20.6-7 and IC 6-1.1-20.6-7.5, both as amended by this act. The rules may include authority for a county auditor to reconcile any difference in the tax liability imposed on property in a year that results from the amendments made to IC 6-1.1-20.6-7 and IC 6-1.1-20.6-7.5 by this act on a separate billing for an installment under IC 6-1.1-7-7 or 6-1.1-22-9 or a reconciling statement under IC 6-1.1-22.5-12. Notwithstanding IC 4-22-2-37.1, a temporary rule adopted under this SECTION expires on the earliest of the following dates:
        (1) The date specified in the temporary rule.
        (2) The date on which another temporary rule adopted under this SECTION or a permanent rule adopted under IC 4-22-2 supersedes or repeals the earlier adopted temporary rule.
        (3) December 1, 2010.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 388 as printed March 17, 2009.)

________________________________________

Representative Crawford


MO038801/DI 51     2009