SB 275-1_ Filed 03/21/2013, 07:37 Dvorak


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 275 be amended to read as follows:

SOURCE: Page 7, line 40; (13)MO027503.7. -->     Page 7, after line 40, begin a new paragraph and insert:
SOURCE: IC 6-1.1-47; (13)MO027503.3. -->     "SECTION 3. IC 6-1.1-47 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 47. Supplemental Homestead Credit for Qualified Taxpayers
    Sec. 1. This chapter applies only to property taxes first due and payable after December 31, 2013.
    Sec. 2. As used in this chapter, "controlled project" has the meaning set forth in IC 6-1.1-20-1.1.
    Sec. 3. (a) As used in this chapter, "homestead" refers to a homestead that is eligible for a standard deduction under IC 6-1.1-12-37.
    (b) The term includes a house or apartment that is owned or leased by a cooperative housing corporation (as defined in 26 U.S.C. 216(b)).
    Sec. 4. As used in this chapter, "property tax liability" means liability for the tax imposed on property under this article determined after application of all credits and deductions under this article or IC 6-3.5, including the credit granted by IC 6-1.1-20.6-7.5, but not including any interest or penalty imposed under this article.
    Sec. 5. As used in this chapter, "qualified capital project" means a controlled project approved for a school corporation under IC 6-1.1-20 after June 30, 2013.
    Sec. 6. As used in this chapter, "qualified taxpayer" means a taxpayer who:
        (1) is at least sixty-five (65) years of age; and
        (2) has resided on the taxpayer's homestead for at least twenty (20) years.
    Sec. 7. For purposes of this chapter, a controlled project is considered approved if:
        (1) neither a petition and remonstrance process nor a referendum is initiated under IC 6-1.1-20 with respect to a school corporation's preliminary determination to issue bonds or enter into a lease;
        (2) the number of persons signing a petition exceeds the number of persons signing a remonstrance in a petition and remonstrance process conducted under IC 6-1.1-20-3.2; or
        (3) the majority of the eligible voters voting on a local public question held under IC 6-1.1-20-3.6 vote in favor of the public question.
    Sec. 8. (a) A qualified taxpayer is entitled to a credit against the property tax liability on the qualified taxpayer's homestead for property taxes first due and payable after 2013. The amount of the credit is equal to that part of the qualified taxpayer's property tax liability attributable to property taxes imposed to pay debt service or make lease payments for a qualified capital project.
    (b) Property taxes imposed to:
        (1) pay debt service for bonds issued; or
        (2) make lease payments for leases entered into;
for a controlled project approved before July 1, 2013, may not be considered for purposes of calculating a qualified taxpayer's credit under this section.
    Sec. 9. Except as provided in section 10 of this chapter, a qualified taxpayer is not required to file an application for the credit under this chapter. The county auditor shall:
        (1) identify the property in the county eligible for the credit under this chapter; and
        (2) apply the credit under this chapter to property tax liability on the identified property.
    Sec. 10. (a) This section applies to an individual who:
        (1) qualified for a standard deduction granted under IC 6-1.1-12-37 for the individual's homestead property in the immediately preceding calendar year (or was married at the time of death to a deceased spouse who qualified for a standard deduction granted under IC 6-1.1-12-37 for the individual's homestead property in the immediately preceding calendar year);
        (2) qualifies for a standard deduction granted under IC 6-1.1-12-37 for the same homestead property in the current

calendar year;
        (3) is or will be at least sixty-five (65) years of age on or before December 31 of the calendar year immediately preceding the current calendar year;
        (4) has resided on the taxpayer's homestead for at least twenty (20) years; and
        (5) has not previously applied for an assessed value deduction under IC 6-1.1-12-9 or an additional credit under IC 6-1.1-20.6-8.5.
    (b) An individual described in subsection (a) must file an application in order to receive the credit provided by this chapter. Applications for a credit under this chapter must be filed in the manner provided for an application for a deduction under IC 6-1.1-12-9. However, an individual who remains eligible for the credit in the following year is not required to file an application for the credit in the following year. An individual who receives a credit under this chapter in a particular year and who becomes ineligible for the credit in the following year shall notify the auditor of the county in which the homestead is located of the individual's ineligibility not later than sixty (60) days after the individual becomes ineligible.
    (c) The auditor of each county shall, in a particular year, apply a credit provided under this chapter to each qualified taxpayer who received the credit in the preceding year unless the auditor determines that the taxpayer is no longer eligible for the credit.
    Sec. 11. (a) The application of the credit under this chapter results in a reduction of the property tax collections of each school corporation in which the credit is applied. A school corporation may not increase any property tax levy to make up for that reduction.
    (b) The county auditor shall in each calendar year notify each school corporation in which the credit under this chapter is applied of the reduction of property tax collections referred to in subsection (a) for the school corporation for that year.
    (c) A school corporation may not borrow money to compensate the school corporation or any other political subdivision for the reduction of property tax collections referred to in subsection (a).
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 275 as printed March 19, 2013.)

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Representative Dvorak


MO027503/DI 92     2013