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.
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.)