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Indiana General Assembly
House Bill 1005


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House Bill 1005

ARCHIVE (2000)

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DIGEST OF HB1005 (Updated February 28, 2000 6:06 PM - DI 84)

Property tax assessment. Amends various provisions concerning real and personal property assessment, assessor training, land valuation, property tax exemptions, property tax appeals, and property tax administration. Provides that the next general reassessment of real property shall be completed on or before March 1, 2002, instead of March 1, 2001, and that general reassessments will occur every four years thereafter. Directs the state board of tax commissioners (state board) to consider only certain factors in the adoption of rules for the appraisal of real or personal property, and provides direction for the adoption of rules for use in the next general reassessment. Requires the state board to adopt rules for the next general reassessment before June 30, 2000. Establishes county land valuation commissions for determination of land values beginning with the general reassessment of real property that will become effective March 1, 2006. Provides that the state board is a party to a contract for local reassessment. Permits a claim on an amended personal property tax return of any adjustment or exemption that would have been allowable on the original return. Provides that property of a 4-H organization is exempt from property taxes under certain circumstances, and raises from 50 to 150 the acreage of certain organizations eligible for exemption from property taxes. Allows the property tax assessment board of appeals in Allen County, Lake County, and Marion County 180 days (current law allows 90 days) to hear property tax appeals filed after December 31, 1999. Permits local officials to become parties to appeals to the state board and the tax court under certain circumstances. Directs the county fiscal body to establish a sales disclosure fund, provides that all revenue from sales disclosure filing fees are deposited in the fund, designates the uses of the fund, and provides that the county fiscal body appropriates the revenue in the fund based on requests by assessing officials. Directs the state board to prepare the record for a tax court appeal and specifies the contents of the record. Expands the circumstances under which a county executive may appeal a determination of the state board to the tax court, and provides that the county executive shall appeal upon request by the county assessor or elected township assessor. Changes the procedures for the filing and processing of petitions for correction of error with respect to property tax assessments. Adjusts the potential membership of the property tax assessment board of appeals. Changes the date for using 100% of true tax value as assessed value from March 1, 2001, to March 1, 2002. Provides a new schedule for completing the reassessment of parcels. Provides that the county assessor in Marion County does not review appropriations from the reassessment fund. Requires the county auditor to maintain separate reassessment funds for each general reassessment. Provides in Marion County that the township assessors select an assessment computer system. Directs the state board to adopt rules for determining the starting point for the valuation of used depreciable personal property after a sale or transfer of property. Establishes the method of payment for a special reassessment ordered by the state board. Adjusts the timing and subject matter of training sessions provided for local assessing officials by the state board. Directs the state board to adopt rules for the revocation of an assessor certification. Entitles certain assessing officials with level two assessor certifications to specified salary increases. Establishes a committee consisting of the state board, two county assessors, and two township assessors to prepare written reports to the general assembly on the status of the general reassessment, and on the committee's determination of the fairness of the impact of the general reassessment on different groups of taxpayers. Directs the state board to complete the special reassessment of real property in Lake County by March 1, 2001. Creates a state agency, the Indiana board of tax review (Indiana board), to hear property tax appeals. Provides that the Indiana board hears: (1) appeals from determinations of county property tax assessment boards of appeals; and (2) appeals from determinations of the state board. Provides that determinations of the Indiana board are appealable to the Indiana tax court. Establishes the organization of the Indiana board, including the requirements for a division of appeals and a division of data analysis. Specifies the duties and procedures of the Indiana board. Directs the Indiana board to compute school assessment ratios. Authorizes the Indiana board to order special reassessments. Provides that if a taxpayer does not request a property tax refund or credit within 45 days after the decision of the county property tax assessment board of appeals, the state board, the Indiana board, or the Indiana tax court, the taxpayer is entitled to interest only until the date that is 45 days after the decision. Provides that a property tax refund or credit must be issued within 90 days of the claim. Reduces the interest rate on property tax refunds from 6% to 4%. Provides for annual withholding by the state of distributions of property tax replacement credit and homestead credit revenue for a county's reassessment fund until submission by the county of data relating to tax assessments, exemptions, deductions, and credits if the data is not submitted in a timely manner. Provides for a similar withholding of revenue if property tax assessments are not provided to the Indiana board in a timely manner. Directs local assessors to maintain electronic assessment data files for transmission to the Indiana board. Requires the state board to establish a personal property audit division, a budget division, and an assessment division and specifies the responsibilities of those divisions. Eliminates the division of appeals and the division of tax review of the state board. Requires the state board to conduct annual personal property assessment audits. Provides that rules of the state board and the Indiana board may not: (1) restrict the ability to practice before the agency to attorneys; or (2) restrict admissibility of evidence to the agency based on the manner in which the taxpayer's representative or other witness is compensated. Directs the commission on state tax and financing policy to study the issue of annual adjustments to the true tax values of real property. Repeals one of the economic revitalization area deduction provisions under which a designating body may waive the requirement for filing a statement of benefits. Repeals with respect to state board employees the employment examination and political affiliation requirements.
Current Status:
 In Conference Committee
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