SENATE MOTION


MR. PRESIDENT:

    I move that Engrossed House Bill 1814 be amended to read as follows:

    Page 2, between lines 2 and 3, begin a new paragraph and insert:
"SECTION 2. IC 6-1.1-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003 (RETROACTIVE)]: Sec. 1. (a) Except as provided in subsection (c), personal property which is owned by a person who is a resident of this state shall be assessed at the place where the owner resides on the assessment date of the year for which the assessment is made.
    (b) Except as provided in subsection (c), personal property which is owned by a person who is not a resident of this state shall be assessed at the place where the owner's principal office within this state is located on the assessment date of the year for which the assessment is made.
    (c) Personal property shall be assessed at the place where it is situated on the assessment date of the year for which the assessment is made if the property is:
        (1) regularly used or permanently located where it is situated; or
        (2) owned by a nonresident who does not have a principal office within this state.
    (d) If a personal property return is filed pursuant to subsection (c), the owner of the property shall provide, within forty-five (45) days after the filing deadline, a copy or other written evidence of the filing of the return to the assessor of the township in which the owner resides. If such evidence is not filed within forty-five (45) days after the filing deadline, the assessor of the township in which the owner resides shall determine if the owner filed a personal property return in the township where the property is situated. If such a return was filed, the property shall be assessed where it is situated. If such a return was not filed, the assessor of the township where the owner resides shall notify the assessor of the township where the property is situated, and the property shall be assessed where it is situated. This subsection does

not apply to a taxpayer who:
        (1) is required to file duplicate personal property returns under section 7(c) of this chapter and under regulations promulgated by the department of local government finance with respect to that section; or
        (2) is required by the department of local government finance to file a summary of the taxpayer's business tangible personal property returns.
     (e) Notwithstanding subsection (c), if the true tax value of the personal property of a nonresident who does not have a principal office within Indiana does not exceed ten thousand dollars ($10,000) in any taxing district, that personal property shall be reported by the nonresident taxpayer and assessed at the place where the highest true tax value of personal property owned by the nonresident is situated on the assessment date of the year for which the assessment is made.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1814 as printed March 18, 2003.)

________________________________________

Senator KENLEY


RS 181401/DI nm
2003