SB 165-1_ Filed 01/15/2013, 12:23 ChairPerson

COMMITTEE REPORT




MADAM PRESIDENT:

    The Senate Committee on Tax and Fiscal Policy, to which was referred Senate Bill No. 165, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 1; (13)AM016503.1. -->     Page 1, after the enacting clause and before line 1, begin a new paragraph and insert:
SOURCE: IC 6-1.1-12-13; (13)AM016503.1. -->     "SECTION 1. IC 6-1.1-12-13, AS AMENDED BY P.L.1-2010, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Except as provided in section 40.5 of this chapter, an individual may have twenty-four thousand nine hundred sixty dollars ($24,960) deducted from the assessed value of the taxable tangible property that the individual owns, or real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property that the individual is buying under a contract that provides that the individual is to pay property taxes on the real property, mobile home, or manufactured home, if the contract or a memorandum of the contract is recorded in the county recorder's office and if:
        (1) the individual served in the military or naval forces of the United States during any of its wars;
        (2) the individual received an honorable discharge;
        (3) the individual has a disability with a service connected disability of ten percent (10%) or more;
        (4) the individual's disability is evidenced by:
            (A) a pension certificate, an award of compensation, or a

disability compensation check issued by the United States Department of Veterans Affairs; or
            (B) a certificate of eligibility issued to the individual by the Indiana department of veterans' affairs after the Indiana department of veterans' affairs has determined that the individual's disability qualifies the individual to receive a deduction under this section; and
        (5) the individual:
            (A) owns the real property, mobile home, or manufactured home; or
            (B) is buying the real property, mobile home, or manufactured home under contract;
        on the date the statement required by section 15 of this chapter is filed; and
        (6) in the case of a surviving spouse filing a deduction statement for the first time after 2012, the property must be receiving the homestead deduction under section 37 of this chapter.

    (b) The surviving spouse of an individual may receive the deduction provided by this section if the individual would qualify for the deduction if the individual were alive. satisfied the requirements of subsection (a)(1) through (a)(4) at the time of death and the surviving spouse satisfies the requirement of subsections (a)(5) and (a)(6) at the time the deduction statement is filed. The surviving spouse is entitled to the deduction regardless of whether the property for which the deduction is claimed was owned by the deceased veteran or the surviving spouse before the deceased veteran's death.
    (c) One who receives the deduction provided by this section may not receive the deduction provided by section 16 of this chapter. However, the individual may receive any other property tax deduction which the individual is entitled to by law.
    (d) An individual who has sold real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property to another person under a contract that provides that the contract buyer is to pay the property taxes on the real property, mobile home, or manufactured home may not claim the deduction provided under this section against that real property, mobile home, or manufactured home.".

SOURCE: Page 1, line 3; (13)AM016503.1. -->     Page 1, line 3, reset in roman "Except as provided in subsection (c) and".
    Page 1, line 4, delete "Except" and insert "except".
    Page 2, line 10, strike "and".
    Page 2, line 17, delete "." and insert "; and".
    Page 2, between lines 17 and 18, begin a new line block indented and insert:
        " (6) in the case of a surviving spouse filing a deduction statement for the first time after 2012, the property must be receiving the homestead deduction under section 37 of this chapter.".
    Page 2, line 18, reset in roman "Except as provided in subsection (c),".
    Page 2, line 18, delete "The" and insert "the".
    Page 2, line 20, strike "would qualify for the deduction if the individual were alive." and insert " satisfied the requirements of subsection (a)(1) through (a)(4) at the time of death and the surviving spouse satisfies the requirement of subsections (a)(5) and (a)(6) at the time the deduction statement is filed. The surviving spouse is entitled to the deduction regardless of whether the property for which the deduction is claimed was owned by the deceased veteran or the surviving spouse before the deceased veteran's death.".
    Page 2, reset in roman lines 21 through 22.
    Page 2, line 23, reset in roman "duplicate, exceeds".
    Page 2, line 24, after "." insert " one hundred ninety-five thousand six hundred dollars ($195,600).".
    Page 2, line 25, reset in roman "(d)".
    Page 2, line 25, delete "(c)".
    Page 2, after line 31, begin a new paragraph and insert:
SOURCE: IC 6-1.1-12-15; (13)AM016503.3. -->     "SECTION 3. IC 6-1.1-12-15, AS AMENDED BY P.L.144-2008, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) Except as provided in section 17.8 of this chapter and subject to section 45 of this chapter, an individual who desires to claim the deduction provided by section 13 or section 14 of this chapter must file a statement with the auditor of the county in which the individual resides. With respect to real property, the statement must be filed during the year for which the individual wishes to obtain the deduction. With respect to a mobile home that is not assessed as real property or a manufactured home that is not assessed as real property, the statement must be filed during the twelve (12) months before March 31 of each year for which the individual wishes to obtain the deduction. The statement may be filed in person or by mail. If mailed, the mailing must be postmarked on or before the last day for filing. The statement shall contain a sworn declaration that the

individual is entitled to the deduction.
    (b) In addition to the statement, the individual shall submit to the county auditor for the auditor's inspection:
        (1) a pension certificate, an award of compensation, or a disability compensation check issued by the United States Department of Veterans Affairs if the individual claims the deduction provided by section 13 of this chapter;
        (2) a pension certificate or an award of compensation issued by the United States Department of Veterans Affairs if the individual claims the deduction provided by section 14 of this chapter; or
        (3) the appropriate certificate of eligibility issued to the individual by the Indiana department of veterans' affairs if the individual claims the deduction provided by section 13 or 14 of this chapter.
    (c) If the individual claiming the deduction is under guardianship, the guardian shall file the statement required by this section. If a deceased veteran's surviving spouse is claiming the deduction, the surviving spouse shall provide the documentation necessary to establish that at the time of death the deceased veteran satisfied the requirements of section 13(a)(1) through 13(a)(4) of this chapter or section 14(a)(1) through 14(a)(4) of this chapter, whichever applies.
    (d) If the individual claiming a deduction under section 13 or 14 of this chapter is buying real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property under a contract that provides that the individual is to pay property taxes for the real estate, mobile home, or manufactured home, the statement required by this section must contain the record number and page where the contract or memorandum of the contract is recorded.

SOURCE: ; (13)AM016503.4. -->     SECTION 4. [EFFECTIVE UPON PASSAGE] (a) IC 6-1.1-12-13 and IC 6-1.1-12-14, both as amended by this act, apply to assessment dates after December 31, 2012.

    (b) This SECTION expires July 1, 2014.

SOURCE: ; (13)AM016503.5. -->     SECTION 5. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 165 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 13, Nays 0.

____________________________________

Senator Hershman, Chairperson


AM 016503/DI 73    2013