SB 494-3_ Filed 04/04/2013, 07:11 Moseley


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 494 be amended to read as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration and to make an appropriation.

SOURCE: Page 15, line 37; (13)MO049404.15. -->     Page 15, between lines 37 and 38, begin a new paragraph and insert:
SOURCE: IC 6-1.1-47; (13)MO049404.14. -->     "SECTION 14. 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 the lesser of the following:
        (1) Five hundred dollars ($500).
        (2) 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. Before April 1 of each year, the auditor of each county shall certify to the department of local government finance the amount of credits allowed under this chapter in the county for that calendar year. The department of local government finance shall verify the amount certified and notify the auditor of state of the certified amount.
    Sec. 12. The supplemental homestead credit fund is established. The fund consists of appropriations from the general assembly. The department of local government finance shall administer the fund. Money in the fund must be used to reimburse school corporations for property tax reductions resulting from the application of the credit provided by this chapter. There is annually appropriated to the department of local government finance an amount sufficient to make the distributions required by section 13 of this chapter.
    Sec. 13. Before November 1 of each year, the department of

local government finance shall distribute to each county auditor the amount, if any, verified for that county under section 11 of this chapter. The county auditor shall distribute the amount received under this section to each school corporation imposing property taxes subject to the credit provided by this chapter. A school corporation is entitled to a distribution equal to the amount of credits granted under this chapter for that calendar year on the property taxes imposed by the school corporation.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 494 as printed April 2, 2013.)

________________________________________

Representative Moseley


MO049404/DI 92     2013