First Regular Session 116th General Assembly (2009)


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.
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    HOUSE ENROLLED ACT No. 1365



     AN ACT to amend the Indiana Code concerning taxation.

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

SOURCE: IC 6-1.1-4-11.5; (09)HE1365.1.1. -->
    SECTION 1. IC 6-1.1-4-11.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]: Sec. 11.5. (a)
This section applies to one (1) or more parcels of real property in a county that:
        (1) are permanently flooded or to which access over land is permanently prevented by flooding; and
        (2) are not being used for agricultural purposes.
    (b) The owner of one (1) or more parcels referred to in subsection (a) may petition the county assessor for a reassessment of the parcel or parcels. Upon receipt of the petition, the county assessor shall:
        (1) cause a survey to be made of the parcel or parcels; and
        (2) if the parcel or parcels meet the description of subsection (a), order a reassessment of the parcel or parcels.
    (c) If the flooding referred to in subsection (a) occurs before May 11 of a calendar year (the "current year") and after the immediately preceding November 10 and a petition under subsection (b) is filed not later than December 31 of the current year:
        (1) the reassessment ordered under subsection (b):
            (A) takes effect for:
                (i) the assessment date in the current year; and
                (ii) the assessment date in the calendar year that immediately precedes the current year; and
            (B) treats the parcel or parcels for those assessment dates as:
                (i) being permanently flooded; or
                (ii) having overland access permanently prevented by flooding;
        (2) the property taxes first due and payable in the current year with respect to the parcel or parcels are determined based on the reassessment; and
        (3) the property taxes first due and payable in the calendar year that immediately succeeds the current year with respect to the parcel or parcels are determined based on the reassessment.
    (d) If the flooding referred to in subsection (a) occurs after May 10 of the current year and before November 11 of the current year and the petition under subsection (b) is filed not later than December 31 of the current year:
        (1) subsection (c)(1) and (c)(3) apply; and
        (2) only:
            (A) the second installment of property taxes under IC 6-1.1-22-9(a) first due and payable in the current year with respect to the parcel or parcels; or
            (B) if property taxes are payable by a method other than two (2) annual installments, one-half (1/2) of the property tax liability for property taxes first due and payable in the current year with respect to the parcel or parcels;
        is determined based on the reassessment.
    (e) This subsection applies only if:
        (1) the county assessor orders a reassessment under subsection (b); and
        (2) the property owner pays property taxes in the current year with respect to the parcel or parcels based on the assessment that applied before the ordered reassessment.
The property owner is entitled to a refund of property taxes based on the difference in the amount of property taxes paid and the amount of property taxes determined based on the ordered reassessment. A property owner is not required to apply for a refund due under this section. The county auditor shall, without an appropriation being required, issue a warrant to the property owner payable from the county general fund for the amount of the

refund, if any, due the property owner.
    (f) If:
        (1) the county assessor orders a reassessment under subsection (b); and
        (2) when the reassessment is completed the property owner has not paid property taxes in the current year with respect to the parcel or parcels based on the assessment that applied before the ordered reassessment;
the county treasurer shall issue to the property owner tax statements that reflect property taxes determined based on the reassessment.
    (g) The county assessor shall specify in an order under subsection (b) the time within which the reassessment must be completed and the date on which the reassessment takes effect.
    (h) A reassessment under this section for an assessment date continues to apply for subsequent assessment dates until the assessor:
        (1) determines that circumstances have changed sufficiently to warrant another reassessment of the property; and
        (2) reassesses the property based on the determination under subdivision (1).
    (i) The county auditor and county treasurer shall publish notice of the availability of a reassessment under this section in accordance with IC 5-3-1.

SOURCE: IC 6-1.1-17-0.5; (09)HE1365.1.2. -->     SECTION 2. IC 6-1.1-17-0.5, AS AMENDED BY P.L.144-2008, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]: Sec. 0.5. (a) For purposes of this section, "assessed value" has the meaning set forth in IC 6-1.1-1-3(a).
    (b) The county auditor may exclude and keep separate on the tax duplicate for taxes payable in a calendar year the assessed value of tangible property that meets the following conditions:
        (1) The assessed value of the property is at least nine percent (9%) of the assessed value of all tangible property subject to taxation by a taxing unit.
        (2) The property is or has been part of a bankruptcy estate that is subject to protection under the federal bankruptcy code.
        (3) The owner of the property has discontinued all business operations on the property.
        (4) There is a high probability that the taxpayer will not pay property taxes due on the property in the following year.
    (c) This section does not limit, restrict, or reduce in any way the

property tax liability on the property.
    (d) For each taxing unit located in the county, the county auditor may reduce for a calendar year the taxing unit's assessed value that is certified to the department of local government finance under section 1 of this chapter and used to set tax rates for the taxing unit for taxes first due and payable in the immediately succeeding calendar year. The county auditor may reduce a taxing unit's assessed value under this subsection only to enable the taxing unit to absorb the effects of reduced property tax collections in the immediately succeeding calendar year that are expected to result from any or a combination of the following:
        (1) Successful appeals of the assessed value of property located in the taxing unit.
        (2) Deductions under IC 6-1.1-12-37 that result from the granting of applications for the homestead credit for the calendar year under IC 6-1.1-20.9-3 or IC 6-1.1-20.9-3.5 are granted after the county auditor certifies assessed value as described in this section.
        (3) Deductions that result from the granting of applications for deductions for the calendar year under IC 6-1.1-12-44 after the county auditor certifies assessed value as described in this section.
         (4) Reassessments of real property under IC 6-1.1-4-11.5.
Not later than December 31 of each year, the county auditor shall send a certified statement, under the seal of the board of county commissioners, to the fiscal officer of each political subdivision of the county and to the department of local government finance. The certified statement must list any adjustments to the amount of the reduction under this subsection and the information submitted under section 1 of this chapter that are necessary. as the result of processing homestead credit applications and deduction applications that are filed after the county auditor certifies assessed value as described in this section. The county auditor shall keep separately on the tax duplicate the amount of any reductions made under this subsection. The maximum amount of the reduction authorized under this subsection is determined under subsection (e).
    (e) The amount of the reduction in a taxing unit's assessed value for a calendar year under subsection (d) may not exceed two percent (2%) of the assessed value of tangible property subject to assessment in the taxing unit in that calendar year.
    (f) The amount of a reduction under subsection (d) may not be offered in a proceeding before the:


        (1) county property tax assessment board of appeals;
        (2) Indiana board; or
        (3) Indiana tax court;
as evidence that a particular parcel has been improperly assessed.
SOURCE: ; (09)HE1365.1.3. -->     SECTION 3. [EFFECTIVE JANUARY 1, 2007 (RETROACTIVE)]
(a) This SECTION applies to one (1) or more parcels of real property in a county that:
        (1) after March 1, 2008, and before November 11, 2008, are permanently flooded or to which access over land is permanently prevented after March 1, 2008, and before November 11, 2008, by flooding; and

        (2) are not being used for agricultural purposes.
    (b) Not later than July 1, 2009, the owner of one (1) or more parcels referred to in subsection (a) may petition the county assessor for a reassessment of the parcel or parcels. Upon receipt of the petition, the county assessor shall:
        (1) cause a survey to be made of the parcel or parcels; and
        (2) if the parcel or parcels meet the description of subsection (a), order a reassessment of the parcel or parcels that:
            (A) subject to subsection (d), takes effect for the assessment dates in 2007 and 2008; and
            (B) treats the parcel or parcels for those assessment dates as:
                (i) being permanently flooded; or
                (ii) having overland access permanently prevented by flooding.
    (c) The county assessor shall specify in an order under subsection (b) the time within which the reassessment must be completed and the assessment dates for which the reassessment takes effect.
    (d) If the county assessor orders a reassessment under subsection (b):
        (1) the property owner is entitled to a refund of property taxes in the amount of one-half (1/2) of the remainder of:
            (A) the amount paid by the property owner with respect to the parcel or parcels for 2007 property taxes first due and payable in 2008; minus
            (B) the 2007 property taxes first due and payable in 2008
with respect to the parcel or parcels determined based on the reassessment; and
        (2) the 2008 property taxes first due and payable in 2009
with respect to the parcel or parcels are determined based on the

reassessment.
    (e) A property owner is not required to apply for a refund due under this SECTION. The county auditor shall, without an appropriation being required, issue a warrant to the property owner payable from the county general fund for the amount of the refund, if any, due the property owner. No interest is payable on the refund.
    (f) The county auditor and county treasurer shall publish notice of the availability of a reassessment under this SECTION in accordance with IC 5-3-1.
    (g) This SECTION expires January 1, 2010.

SOURCE: ; (09)HE1365.1.4. -->     SECTION 4. [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)] IC 6-1.1-4-11.5, as added by this act, applies only to property taxes first due and payable after 2008.
SOURCE: ; (09)HE1365.1.5. -->     SECTION 5. An emergency is declared for this act.


HEA 1365 _ Concur

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