HB 1005-1_ Filed 03/03/2004, 21:18
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1005
Citations Affected: IC 6-1.1; IC 24-4.5-3-701; IC 25-34.1; IC 27-1-15.6; IC 27-1-15.7;
IC 28-1-5-16; IC 28-5-1-26; IC 28-6.1-6-25; IC 28-7-1-38; IC 34-30-2-16.6; IC 36-4-1-1;
IC 36-7-31.3.
Synopsis: State and local administration. With respect to a residential real property financing or
refinancing, requires a closing agent to provide to each customer information on property tax
deductions and the homestead credit on a form prescribed by the department of local government
finance. Imposes a penalty on a closing agent that does not comply. Provides that a closing agent
is not liable for any other damages claimed by a customer because of the closing agent's failure
to provide the appropriate document to the customer. Provides for additional information about
property taxes to be provided with the property tax statement of current and delinquent taxes and
special assessments in a pilot program in certain counties in 2005, 2006, and 2007 and statewide
after 2007. Permits a county to voluntarily provide the additional information about property taxes
with property tax statements in 2004. Provides for state reimbursement of expenditures made by
a county to provide the additional information, not to exceed a statewide total of $50,000.
Establishes the property tax replacement study commission. Establishes the local government
efficiency and financing study commission. Provides that an out-of-state commercial broker or
salesperson licensed in another state may practice in Indiana without an Indiana license if the
out-of-state commercial broker or salesperson meets certain requirements. Provides that a
licensed nonresident broker may act as a broker in Indiana if the broker meets certain
requirements. Provides that the telephone numbers of a buyer and seller on a sales disclosure
form filed with the county auditor are confidential. Specifies a title insurance qualification for
insurance producers. Establishes: (1) an exemption from insurance producer licensure for certain
individuals; and (2) requirements for: (a) prelicensing courses for title insurance producers; and
(b) continuing education for limited lines producers who have a title insurance qualification. Adds
a member to the insurance producer education and continuing education advisory council.
Authorizes certain counties and municipalities to provide property tax abatements for logistical
distribution equipment and information technology equipment installed after June 30, 2004, and
before January 1, 2006. Allows certain cities to adopt a resolution to establish a professional
sports and convention development area before January 1, 2005. Allows Gary, Indiana to
designate more than one facility as part of a professional sports and convention development area.
Changes the population parameters for first and second class cities so that reorganization does
not change a city's classification. (This conference committee report: (1) extends the
property tax information pilot program from two years to three years; (2) adds the
establishment of the property tax replacement study commission; (3) adds the
establishment of the local government efficiency and financing study commission; (4) adds
provisions concerning brokers and salespersons; (5) adds a provision specifying that
telephone numbers on a sales disclosure form are confidential; (6) adds title insurance
amendments; (7) amends provisions concerning tax abatement; (8) adds provisions
concerning professional sports and convention development areas; and (9) adds changes
the population parameters for first and second class cities.)
Effective: Upon passage; July 1, 2004.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1005 respectfully
reports that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 6-1.1-5.5-3; (04)CC100507.1. -->
SECTION 1. IC 6-1.1-5.5-3, AS AMENDED BY P.L.1-2004,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. (a) Before filing a conveyance document with
the county auditor under IC 6-1.1-5-4, all the parties to the conveyance
must complete and sign a sales disclosure form as prescribed by the
department of local government finance under section 5 of this chapter.
All the parties may sign one (1) form, or if all the parties do not agree
on the information to be included on the completed form, each party
may sign and file a separate form.
(b) Except as provided in subsection (c), the auditor shall forward
each sales disclosure form to the county assessor. The county assessor
shall retain the forms for five (5) years. The county assessor shall
forward the sales disclosure form data to the department of local
government finance and the legislative services agency:
(1) before January 1, 2005, in an electronic format, if possible; and
(2) after December 31, 2004, in an electronic format specified
jointly by the department of local government finance and the
legislative services agency.
The county assessor shall forward a copy of the sales disclosure forms
to the township assessors in the county. The forms may be used by the
county assessing officials, the department of local government finance,
and the legislative services agency for the purposes established in
IC 6-1.1-4-13.6, sales ratio studies, equalization, adoption of rules under
IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized purpose.
(c) In a county containing a consolidated city, the auditor shall
forward the sales disclosure form to the appropriate township assessor.
The township assessor shall forward the sales disclosure form to the
department of local government finance and the legislative services
agency:
(1) before January 1, 2005, in an electronic format, if possible; and
(2) after December 31, 2004, in an electronic format specified
jointly by the department of local government finance and the
legislative services agency.
The township assessor shall forward a copy of the sales disclosure
forms to the township assessors in the county. The forms may be used
by the county assessing officials, the department of local government
finance, and the legislative services agency for the purposes established
in IC 6-1.1-4-13.6, sales ratio studies, equalization, adoption of rules
under IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized
purpose.
(d) If a sales disclosure form includes the telephone number or
Social Security number of a party, the telephone number or Social
Security number is confidential.
SOURCE: IC 6-1.1-5.5-5; (04)CC100507.2. -->
SECTION 2. IC 6-1.1-5.5-5, AS AMENDED BY P.L.90-2002,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. The department of local government finance
shall prescribe a sales disclosure form for use under this chapter. The
form prescribed by the department of local government finance must
include at least the following information:
(1) The key number of the parcel (as defined in IC 6-1.1-1-8.5).
(2) Whether the entire parcel is being conveyed.
(3) The address of the property.
(4) The date of the execution of the form.
(5) The date the property was transferred.
(6) Whether the transfer includes an interest in land or
improvements, or both.
(7) Whether the transfer includes personal property.
(8) An estimate of any personal property included in the transfer.
(9) The name and address of each transferor and transferee.
(10) The mailing address to which the property tax bills or other
official correspondence should be sent.
(11) The ownership interest transferred.
(12) The classification of the property (as residential, commercial,
industrial, agricultural, vacant land, or other).
(13) The total price actually paid or required to be paid in exchange
for the conveyance, whether in terms of money, property, a
service, an agreement, or other consideration, but excluding tax
payments and payments for legal and other services that are
incidental to the conveyance.
(14) The terms of seller provided financing, such as interest rate,
points, type of loan, amount of loan, and amortization period, and
whether the borrower is personally liable for repayment of the loan.
(15) Any family or business relationship existing between the
transferor and the transferee.
(16) Other information as required by the department of local
government finance to carry out this chapter.
If a form under this section includes the telephone number or the
Social Security number of a party, the telephone number or the
Social Security number is confidential.
SOURCE: IC 6-1.1-12-43; (04)CC100507.3. -->
SECTION 3. IC 6-1.1-12-43 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 43. (a) For purposes of this section:
(1) "benefit" refers to:
(A) a deduction under section 1, 9, 11, 13, 14, 16, 17.4, 26,
29, 31, 33, or 34 of this chapter; or
(B) the homestead credit under IC 6-1.1-20.9-2;
(2) "closing agent" means a person that closes a transaction;
(3) "customer" means an individual who obtains a loan in a
transaction; and
(4) "transaction" means a single family residential:
(A) first lien purchase money mortgage transaction; or
(B) refinancing transaction.
(b) Before closing a transaction after December 31, 2004, a
closing agent must provide to the customer the form referred to
in subsection (c).
(c) Before June 1, 2004, the department of local government
finance shall prescribe the form to be provided by closing agents
to customers under subsection (b). The department shall make
the form available to closing agents, county assessors, county
auditors, and county treasurers in hard copy and electronic form.
County assessors, county auditors, and county treasurers shall
make the form available to the general public. The form must:
(1) on one (1) side:
(A) list each benefit;
(B) list the eligibility criteria for each benefit; and
(C) indicate that a new application for a deduction under
section 1 of this chapter is required when residential real
property is refinanced;
(2) on the other side indicate:
(A) each action by; and
(B) each type of documentation from;
the customer required to file for each benefit; and
(3) be printed in one (1) of two (2) or more colors prescribed
by the department of local government finance that
distinguish the form from other documents typically used in
a closing referred to in subsection (b).
(d) A closing agent:
(1) may reproduce the form referred to in subsection (c);
(2) in reproducing the form, must use a print color prescribed
by the department of local government finance; and
(3) is not responsible for the content of the form referred to
in subsection (c) and shall be held harmless by the department
of local government finance from any liability for the content
of the form.
(e) A closing agent to which this section applies shall document
its compliance with this section with respect to each transaction in
the form of verification of compliance signed by the customer.
(f) A closing agent is subject to a civil penalty of twenty-five
dollars ($25) for each instance in which the closing agent fails to
comply with this section with respect to a customer. The penalty:
(1) may be enforced by the state agency that has
administrative jurisdiction over the closing agent in the same
manner that the agency enforces the payment of fees or other
penalties payable to the agency; and
(2) shall be paid into the property tax replacement fund.
A closing agent is not liable for any other damages claimed by a
customer because of the closing agent's mere failure to provide
the appropriate document to the customer.
(g) The state agency that has administrative jurisdiction over a
closing agent shall:
(1) examine the closing agent to determine compliance with
this section; and
(2) impose and collect penalties under subsection (f).
SOURCE: IC 6-1.1-12.1-1; (04)CC100507.4. -->
SECTION 4. IC 6-1.1-12.1-1, AS AMENDED BY P.L.4-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. For purposes of this chapter:
(1) "Economic revitalization area" means an area which is within
the corporate limits of a city, town, or county which has become
undesirable for, or impossible of, normal development and
occupancy because of a lack of development, cessation of growth,
deterioration of improvements or character of occupancy, age,
obsolescence, substandard buildings, or other factors which have
impaired values or prevent a normal development of property or use
of property. The term "economic revitalization area" also includes:
(A) any area where a facility or a group of facilities that are
technologically, economically, or energy obsolete are located and
where the obsolescence may lead to a decline in employment and
tax revenues; and
(B) a residentially distressed area, except as otherwise provided
in this chapter.
(2) "City" means any city in this state, and "town" means any town
incorporated under IC 36-5-1.
(3) "New manufacturing equipment" means any tangible personal
property which:
(A) was installed after February 28, 1983, and before January 1,
2006, in an area that is declared an economic revitalization area
after February 28, 1983, in which a deduction for tangible
personal property is allowed;
(B) is used in the direct production, manufacture, fabrication,
assembly, extraction, mining, processing, refining, or finishing of
other tangible personal property, including but not limited to use
to dispose of solid waste or hazardous waste by converting the
solid waste or hazardous waste into energy or other useful
products; and
(C) was acquired by its owner for use as described in clause (B)
and was never before used by its owner for any purpose in
Indiana.
However, notwithstanding any other law, the term includes tangible
personal property that is used to dispose of solid waste or
hazardous waste by converting the solid waste or hazardous waste
into energy or other useful products and was installed after March
1, 1993, and before March 2, 1996, even if the property was
installed before the area where the property is located was
designated as an economic revitalization area or the statement of
benefits for the property was approved by the designating body.
(4) "Property" means a building or structure, but does not include
land.
(5) "Redevelopment" means the construction of new structures in
economic revitalization areas, either:
(A) on unimproved real estate; or
(B) on real estate upon which a prior existing structure is
demolished to allow for a new construction.
(6) "Rehabilitation" means the remodeling, repair, or betterment of
property in any manner or any enlargement or extension of
property.
(7) "Designating body" means the following:
(A) For a county that does not contain a consolidated city, the
fiscal body of the county, city, or town.
(B) For a county containing a consolidated city, the metropolitan
development commission.
(8) "Deduction application" means either:
(A) the application filed in accordance with section 5 of this
chapter by a property owner who desires to obtain the deduction
provided by section 3 of this chapter; or
(B) the application filed in accordance with section 5.5 of this
chapter by a person who desires to obtain the deduction provided
by section 4.5 of this chapter.
(9) "Designation application" means an application that is filed with
a designating body to assist that body in making a determination
about whether a particular area should be designated as an
economic revitalization area.
(10) "Hazardous waste" has the meaning set forth in
IC 13-11-2-99(a). The term includes waste determined to be a
hazardous waste under IC 13-22-2-3(b).
(11) "Solid waste" has the meaning set forth in IC 13-11-2-205(a).
However, the term does not include dead animals or any animal
solid or semisolid wastes.
(12) "New research and development equipment" means tangible
personal property that:
(A) is installed after June 30, 2000, and before January 1, 2006,
in an economic revitalization area in which a deduction for
tangible personal property is allowed;
(B) consists of:
(i) laboratory equipment;
(ii) research and development equipment;
(iii) computers and computer software;
(iv) telecommunications equipment; or
(v) testing equipment;
(C) is used in research and development activities devoted
directly and exclusively to experimental or laboratory research
and development for new products, new uses of existing
products, or improving or testing existing products; and
(D) is acquired by the property owner for purposes described in
this subdivision and was never before used by the owner for any
purpose in Indiana.
The term does not include equipment installed in facilities used for
or in connection with efficiency surveys, management studies,
consumer surveys, economic surveys, advertising or promotion, or
research in connection with literacy, history, or similar projects.
(13) "New logistical distribution equipment" means tangible
personal property that:
(A) is installed after June 30, 2004, and before January 1,
2006, in an economic revitalization area:
(i) in which a deduction for tangible personal property is
allowed; and
(ii) located in a county referred to in section 2.3 of this
chapter, subject to section 2.3(c) of this chapter..
(B) consists of:
(i) racking equipment;
(ii) scanning or coding equipment;
(iii) separators;
(iv) conveyors;
(v) fork lifts or lifting equipment (including "walk
behinds");
(vi) transitional moving equipment;
(vii) packaging equipment;
(viii) sorting and picking equipment; or
(ix) software for technology used in logistical distribution;
(C) is used for the storage or distribution of goods, services,
or information; and
(D) before being used as described in clause (C), was never
used by its owner for any purpose in Indiana.
(14) "New information technology equipment" means tangible
personal property that:
(A) is installed after June 30, 2004, and before January 1,
2006, in an economic revitalization area:
(i) in which a deduction for tangible personal property is
allowed; and
(ii) located in a county referred to in section 2.3 of this
chapter, subject to section 2.3(c) of this chapter.
(B) consists of equipment, including software, used in the
fields of:
(i) information processing;
(ii) office automation;
(iii) telecommunication facilities and networks;
(iv) informatics;
(v) network administration;
(vi) software development; and
(vii) fiber optics; and
(C) before being installed as described in clause (A), was
never used by its owner for any purpose in Indiana.
SOURCE: IC 6-1.1-12.1-2; (04)CC100507.5. -->
SECTION 5. IC 6-1.1-12.1-2, AS AMENDED BY P.L.4-2000,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. (a) A designating body may find that a particular
area within its jurisdiction is an economic revitalization area. However,
the deduction provided by this chapter for economic revitalization areas
not within a city or town shall not be available to retail businesses.
(b) In a county containing a consolidated city or within a city or
town, a designating body may find that a particular area within its
jurisdiction is a residentially distressed area. Designation of an area as
a residentially distressed area has the same effect as designating an area
as an economic revitalization area, except that the amount of the
deduction shall be calculated as specified in section 4.1 of this chapter
and the deduction is allowed for not more than five (5) years. In order
to declare a particular area a residentially distressed area, the designating
body must follow the same procedure that is required to designate an
area as an economic revitalization area and must make all the following
additional findings or all the additional findings described in subsection
(c):
(1) The area is comprised of parcels that are either unimproved or
contain only one (1) or two (2) family dwellings or multifamily
dwellings designed for up to four (4) families, including accessory
buildings for those dwellings.
(2) Any dwellings in the area are not permanently occupied and are:
(A) the subject of an order issued under IC 36-7-9; or
(B) evidencing significant building deficiencies.
(3) Parcels of property in the area:
(A) have been sold and not redeemed under IC 6-1.1-24 and
IC 6-1.1-25; or
(B) are owned by a unit of local government.
However, in a city in a county having a population of more than two
hundred thousand (200,000) but less than three hundred thousand
(300,000), the designating body is only required to make one (1) of the
additional findings described in this subsection or one (1) of the
additional findings described in subsection (c).
(c) In a county containing a consolidated city or within a city or
town, a designating body that wishes to designate a particular area a
residentially distressed area may make the following additional findings
as an alternative to the additional findings described in subsection (b):
(1) A significant number of dwelling units within the area are not
permanently occupied or a significant number of parcels in the area
are vacant land.
(2) A significant number of dwelling units within the area are:
(A) the subject of an order issued under IC 36-7-9; or
(B) evidencing significant building deficiencies.
(3) The area has experienced a net loss in the number of dwelling
units, as documented by census information, local building and
demolition permits, or certificates of occupancy, or the area is
owned by Indiana or the United States.
(4) The area (plus any areas previously designated under this
subsection) will not exceed ten percent (10%) of the total area
within the designating body's jurisdiction.
However, in a city in a county having a population of more than two
hundred thousand (200,000) but less than three hundred thousand
(300,000), the designating body is only required to make one (1) of the
additional findings described in this subsection as an alternative to one
(1) of the additional findings described in subsection (b).
(d) A designating body is required to attach the following conditions
to the grant of a residentially distressed area designation:
(1) The deduction will not be allowed unless the dwelling is
rehabilitated to meet local code standards for habitability.
(2) If a designation application is filed, the designating body may
require that the redevelopment or rehabilitation be completed within
a reasonable period of time.
(e) To make a designation described in subsection (a) or (b), the
designating body shall use procedures prescribed in section 2.5 of this
chapter.
(f) The property tax deductions provided by sections 3 and 4.5 of this
chapter are only available within an area which the designating body
finds to be an economic revitalization area.
(g) The designating body may adopt a resolution establishing general
standards to be used, along with the requirements set forth in the
definition of economic revitalization area, by the designating body in
finding an area to be an economic revitalization area. The standards
must have a reasonable relationship to the development objectives of the
area in which the designating body has jurisdiction. The following three
(3) sets of standards may be established:
(1) One (1) relative to the deduction under section 3 of this chapter
for economic revitalization areas that are not residentially distressed
areas.
(2) One (1) relative to the deduction under section 3 of this chapter
for residentially distressed areas.
(3) One (1) relative to the deduction allowed under section 4.5 of
this chapter.
(h) A designating body may impose a fee for filing a designation
application for a person requesting the designation of a particular area
as an economic revitalization area. The fee may be sufficient to defray
actual processing and administrative costs. However, the fee charged
for filing a designation application for a parcel that contains one (1) or
more owner-occupied, single-family dwellings may not exceed the cost
of publishing the required notice.
(i) In declaring an area an economic revitalization area, the designating
body may:
(1) limit the time period to a certain number of calendar years
during which the area shall be so designated;
(2) limit the type of deductions that will be allowed within the
economic revitalization area to either the deduction allowed under
section 3 of this chapter or the deduction allowed under section 4.5
of this chapter;
(3) limit the dollar amount of the deduction that will be allowed
with respect to new manufacturing equipment, and new research
and development equipment, new logistical distribution
equipment, and new information technology equipment if a
deduction under this chapter had not been filed before July 1, 1987,
for that equipment;
(4) limit the dollar amount of the deduction that will be allowed
with respect to redevelopment and rehabilitation occurring in areas
that are designated as economic revitalization areas on or after
September 1, 1988; or
(5) impose reasonable conditions related to the purpose of this
chapter or to the general standards adopted under subsection (g)
for allowing the deduction for the redevelopment or rehabilitation
of the property or the installation of the new manufacturing
equipment, or new research and development equipment, or both.
new logistical distribution equipment, or new information
technology equipment.
To exercise one (1) or more of these powers a designating body must
include this fact in the resolution passed under section 2.5 of this
chapter.
(j) Notwithstanding any other provision of this chapter, if a
designating body limits the time period during which an area is an
economic revitalization area, that limitation does not:
(1) prevent a taxpayer from obtaining a deduction for new
manufacturing equipment, or new research and development
equipment, or both, new logistical distribution equipment, or
new information technology equipment installed before January
1, 2006, but after the expiration of the economic revitalization area
if:
(A) the economic revitalization area designation expires after
December 30, 1995; and
(B) the new manufacturing equipment, or new research and
development equipment, or both, new logistical distribution
equipment, or new information technology equipment was
described in a statement of benefits submitted to and approved by
the designating body in accordance with section 4.5 of this
chapter before the expiration of the economic revitalization area
designation; or
(2) limit the length of time a taxpayer is entitled to receive a
deduction to a number of years that is less than the number of
years designated under section 4 or 4.5 of this chapter.
(k) Notwithstanding any other provision of this chapter, deductions:
(1) that are authorized under section 3 of this chapter for property
in an area designated as an urban development area before March
1, 1983, and that are based on an increase in assessed valuation
resulting from redevelopment or rehabilitation that occurs before
March 1, 1983; or
(2) that are authorized under section 4.5 of this chapter for new
manufacturing equipment installed in an area designated as an urban
development area before March 1, 1983;
apply according to the provisions of this chapter as they existed at the
time that an application for the deduction was first made. No deduction
that is based on the location of property or new manufacturing
equipment in an urban development area is authorized under this chapter
after February 28, 1983, unless the initial increase in assessed value
resulting from the redevelopment or rehabilitation of the property or the
installation of the new manufacturing equipment occurred before March
1, 1983.
(l) If property located in an economic revitalization area is also located
in an allocation area (as defined in IC 36-7-14-39 or IC 36-7-15.1-26),
an application for the property tax deduction provided by this chapter
may not be approved unless the commission that designated the
allocation area adopts a resolution approving the application.
SOURCE: IC 6-1.1-12.1-2.3; (04)CC100507.6. -->
SECTION 6. IC 6-1.1-12.1-2.3 IS ADDED AS A
NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]:
Sec. 2.3. (a)
This section applies only to:
(1) a county in which mile markers fourteen (14) through one
hundred twenty (120) of Interstate Highway 69 are located as
of March 1, 2004; and
(2) a city or town located in a county referred to in subdivision
(1).
(b) A designating body may adopt a resolution under section 2.5
of this chapter to authorize a deduction for new logistical
distribution equipment or new information technology equipment.
(c) If any amendment to this chapter that takes effect July 1,
2004, applies a deduction under this chapter for new logistical
distribution equipment or new information technology equipment
to a broader geographic area than the deduction that would apply
under a resolution adopted under this section, the more broadly
applied deduction controls with respect to the application of the
deduction for new logistical distribution equipment or new
information technology equipment.
SOURCE: IC 6-1.1-12.1-4.5; (04)CC100507.7. -->
SECTION 7. IC 6-1.1-12.1-4.5, AS AMENDED BY P.L.1-2003,
SECTION 22, AND AS AMENDED BY P.L.245-2003, SECTION 8,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 4.5. (a) For purposes of this
section, "personal property" means personal property other than
inventory (as defined in IC 6-1.1-3-11(a)).
(b) An applicant must provide a statement of benefits to the
designating body. The applicant must provide the completed statement
of benefits form to the designating body before the hearing specified in
section 2.5(c) of this chapter or before the installation of the new
manufacturing equipment,
or new research and development equipment,
or both, new logistical distribution equipment, or new information
technology equipment for which the person desires to claim a
deduction under this chapter. The department of local government
finance shall prescribe a form for the statement of benefits. The
statement of benefits must include the following information:
(1) A description of the new manufacturing equipment,
or new
research and development equipment,
or both, new logistical
distribution equipment, or new information technology
equipment that the person proposes to acquire.
(2) With respect to:
(A) new manufacturing equipment not used to dispose of solid
waste or hazardous waste by converting the solid waste or
hazardous waste into energy or other useful products; and
(B) new research and development equipment,
new logistical
distribution equipment, or new information technology
equipment;
an estimate of the number of individuals who will be employed or
whose employment will be retained by the person as a result of the
installation of the new manufacturing equipment,
or new research
and development equipment,
or both, new logistical distribution
equipment, or new information technology equipment and an
estimate of the annual salaries of these individuals.
(3) An estimate of the cost of the new manufacturing equipment,
or new research and development equipment,
or both. new
logistical distribution equipment, or new information
technology equipment.
(4) With respect to new manufacturing equipment used to dispose
of solid waste or hazardous waste by converting the solid waste or
hazardous waste into energy or other useful products, an estimate
of the amount of solid waste or hazardous waste that will be
converted into energy or other useful products by the new
manufacturing equipment.
The statement of benefits may be incorporated in a designation
application. Notwithstanding any other law, a statement of benefits is
a public record that may be inspected and copied under IC 5-14-3-3.
(c) The designating body must review the statement of benefits
required under subsection (b). The designating body shall determine
whether an area should be designated an economic revitalization area or
whether the deduction shall be allowed, based on (and after it has made)
the following findings:
(1) Whether the estimate of the cost of the new manufacturing
equipment, or new research and development equipment, or both,
new logistical distribution equipment, or new information
technology equipment is reasonable for equipment of that type.
(2) With respect to:
(A) new manufacturing equipment not used to dispose of solid
waste or hazardous waste by converting the solid waste or
hazardous waste into energy or other useful products; and
(B) new research and development equipment, new logistical
distribution equipment, or new information technology
equipment;
whether the estimate of the number of individuals who will be
employed or whose employment will be retained can be reasonably
expected to result from the installation of the new manufacturing
equipment, or new research and development equipment, or both.
new logistical distribution equipment, or new information
technology equipment.
(3) Whether the estimate of the annual salaries of those individuals
who will be employed or whose employment will be retained can
be reasonably expected to result from the proposed installation of
new manufacturing equipment, or new research and development
equipment, or both. new logistical distribution equipment, or
new information technology equipment.
(4) With respect to new manufacturing equipment used to dispose
of solid waste or hazardous waste by converting the solid waste or
hazardous waste into energy or other useful products, whether the
estimate of the amount of solid waste or hazardous waste that will
be converted into energy or other useful products can be
reasonably expected to result from the installation of the new
manufacturing equipment.
(5) Whether any other benefits about which information was
requested are benefits that can be reasonably expected to result
from the proposed installation of new manufacturing equipment, or
new research and development equipment, or both. new logistical
distribution equipment, or new information technology
equipment.
(6) Whether the totality of benefits is sufficient to justify the
deduction.
The designating body may not designate an area an economic
revitalization area or approve the deduction unless it makes the findings
required by this subsection in the affirmative.
(d) Except as provided in subsection (h), an owner of new
manufacturing equipment, or new research and development equipment,
or both, new logistical distribution equipment, or new information
technology equipment whose statement of benefits is approved after
June 30, 2000, is entitled to a deduction from the assessed value of that
equipment for the number of years determined by the designating body
under subsection (g). Except as provided in subsection (f) and in
section 2(i)(3) of this chapter, the amount of the deduction that an
owner is entitled to for a particular year equals the product of:
(1) the assessed value of the new manufacturing equipment, or
new research and development equipment, or both, new logistical
distribution equipment, or new information technology
equipment in the year of deduction under the appropriate table set
forth in subsection (e); multiplied by
(2) the percentage prescribed in the appropriate table set forth in
subsection (e).
(e) The percentage to be used in calculating the deduction under
subsection (d) is as follows:
(1) For deductions allowed over a one (1) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd and thereafter 0%
(2) For deductions allowed over a two (2) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 50%
3rd and thereafter 0%
(3) For deductions allowed over a three (3) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 66%
3rd 33%
4th and thereafter 0%
(4) For deductions allowed over a four (4) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 75%
3rd 50%
4th 25%
5th and thereafter 0%
(5) For deductions allowed over a five (5) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 80%
3rd 60%
4th 40%
5th 20%
6th and thereafter 0%
(6) For deductions allowed over a six (6) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 85%
3rd 66%
4th 50%
5th 34%
6th 25%
7th and thereafter 0%
(7) For deductions allowed over a seven (7) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 85%
3rd 71%
4th 57%
5th 43%
6th 29%
7th 14%
8th and thereafter 0%
(8) For deductions allowed over an eight (8) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 88%
3rd 75%
4th 63%
5th 50%
6th 38%
7th 25%
8th 13%
9th and thereafter 0%
(9) For deductions allowed over a nine (9) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 88%
3rd 77%
4th 66%
5th 55%
6th 44%
7th 33%
8th 22%
9th 11%
10th and thereafter 0%
(10) For deductions allowed over a ten (10) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 90%
3rd 80%
4th 70%
5th 60%
6th 50%
7th 40%
8th 30%
9th 20%
10th 10%
11th and thereafter 0%
(f) With respect to new manufacturing equipment and new research
and development equipment installed before March 2, 2001, the
deduction under this section is the amount that causes the net assessed
value of the property after the application of the deduction under this
section to equal the net assessed value after the application of the
deduction under this section that results from computing:
(1) the deduction under this section as in effect on March 1, 2001;
and
(2) the assessed value of the property under 50 IAC 4.2, as in
effect on March 1, 2001, or, in the case of property subject to
IC 6-1.1-8, 50 IAC 5.1, as in effect on March 1, 2001.
(g) For an economic revitalization area designated before July 1,
2000, the designating body shall determine whether a property owner
whose statement of benefits is approved after April 30, 1991, is entitled
to a deduction for five (5) or ten (10) years. For an economic
revitalization area designated after June 30, 2000, the designating body
shall determine the number of years the deduction is allowed. However,
the deduction may not be allowed for more than ten (10) years. This
determination shall be made:
(1) as part of the resolution adopted under section 2.5 of this
chapter; or
(2) by resolution adopted within sixty (60) days after receiving a
copy of a property owner's certified deduction application from
the county auditor. A certified copy of the resolution shall be sent
to the county auditor.
A determination about the number of years the deduction is allowed that
is made under subdivision (1) is final and may not be changed by
following the procedure under subdivision (2).
(h) The owner of new manufacturing equipment that is directly used
to dispose of hazardous waste is not entitled to the deduction provided
by this section for a particular assessment year if during that
assessment year the owner:
(1) is convicted of a violation under IC 13-7-13-3 (repealed),
IC 13-7-13-4 (repealed), or IC 13-30-6; or
(2) is subject to an order or a consent decree with respect to
property located in Indiana based on a violation of a federal or
state rule, regulation, or statute governing the treatment, storage,
or disposal of hazardous wastes that had a major or moderate
potential for harm.
SOURCE: IC 6-1.1-12.1-5.4; (04)CC100507.8. -->
SECTION 8. IC 6-1.1-12.1-5.4, AS AMENDED BY P.L.245-2003,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5.4. (a) A person that desires to obtain the
deduction provided by section 4.5 of this chapter must file a certified
deduction application on forms prescribed by the department of local
government finance with the auditor of the county in which the new
manufacturing equipment,
or new research and development equipment,
or both, new logistical distribution equipment, or new information
technology equipment is located. A person that timely files a personal
property return under IC 6-1.1-3-7(a) for the year in which the new
manufacturing equipment, or new research and development equipment,
or both, new logistical distribution equipment, or new information
technology equipment is installed must file the application between
March 1 and May 15 of that year. A person that obtains a filing
extension under IC 6-1.1-3-7(b) for the year in which the new
manufacturing equipment, or new research and development equipment,
or both, new logistical distribution equipment, or new information
technology equipment is installed must file the application between
March 1 and the extended due date for that year.
(b) The deduction application required by this section must contain
the following information:
(1) The name of the owner of the new manufacturing equipment,
or new research and development equipment, or both. new
logistical distribution equipment, or new information
technology equipment.
(2) A description of the new manufacturing equipment, or new
research and development equipment, or both. new logistical
distribution equipment, or new information technology
equipment.
(3) Proof of the date the new manufacturing equipment, or new
research and development equipment, or both, new logistical
distribution equipment, or new information technology
equipment was installed.
(4) The amount of the deduction claimed for the first year of the
deduction.
(c) This subsection applies to a deduction application with respect
to new manufacturing equipment, or new research and development
equipment, or both, new logistical distribution equipment, or new
information technology equipment for which a statement of benefits
was initially approved after April 30, 1991. If a determination about the
number of years the deduction is allowed has not been made in the
resolution adopted under section 2.5 of this chapter, the county auditor
shall send a copy of the deduction application to the designating body,
and the designating body shall adopt a resolution under section 4.5(g)(2)
of this chapter.
(d) A deduction application must be filed under this section in the
year in which the new manufacturing equipment, or new research and
development equipment, or both, new logistical distribution
equipment, or new information technology equipment is installed
and in each of the immediately succeeding years the deduction is
allowed.
(e) Subject to subsection (i), the county auditor shall:
(1) review the deduction application; and
(2) approve, deny, or alter the amount of the deduction.
Upon approval of the deduction application or alteration of the amount
of the deduction, the county auditor shall make the deduction. The
county auditor shall notify the county property tax assessment board of
appeals of all deductions approved under this section.
(f) If the ownership of new manufacturing equipment,
or new
research and development equipment,
or both, new logistical
distribution equipment, or new information technology equipment
changes, the deduction provided under section 4.5 of this chapter
continues to apply to that equipment if the new owner:
(1) continues to use the equipment in compliance with any
standards established under section 2(g) of this chapter; and
(2) files the deduction applications required by this section.
(g) The amount of the deduction is the percentage under section 4.5
of this chapter that would have applied if the ownership of the property
had not changed multiplied by the assessed value of the equipment for
the year the deduction is claimed by the new owner.
(h) A person may appeal the determination of the county auditor
under subsection (e) by filing a complaint in the office of the clerk of
the circuit or superior court not more than forty-five (45) days after the
county auditor gives the person notice of the determination.
(i) Before the county auditor acts under subsection (e), the county
auditor may request that the township assessor in which the property
is located review the deduction application.
SOURCE: IC 6-1.1-12.1-5.6; (04)CC100507.9. -->
SECTION 9. IC 6-1.1-12.1-5.6, AS AMENDED BY P.L.4-2000,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5.6. (a) This subsection applies to a property
owner whose statement of benefits was approved under section 4.5 of
this chapter before July 1, 1991. In addition to the requirements of
section 5.5(b) of this chapter, a deduction application filed under
section 5.5 of this chapter must contain information showing the extent
to which there has been compliance with the statement of benefits
approved under section 4.5 of this chapter. Failure to comply with a
statement of benefits approved before July 1, 1991, may not be a basis
for rejecting a deduction application.
(b) This subsection applies to a property owner whose statement of
benefits was approved under section 4.5 of this chapter after June 30,
1991. In addition to the requirements of section 5.5(b) of this chapter,
a property owner who files a deduction application under section 5.5 of
this chapter must provide the county auditor and the designating body
with information showing the extent to which there has been
compliance with the statement of benefits approved under section 4.5
of this chapter.
(c) Notwithstanding IC 5-14-3 and IC 6-1.1-35-9, the following
information is a public record if filed under this section:
(1) The name and address of the taxpayer.
(2) The location and description of the new manufacturing
equipment,
or new research and development equipment,
or both,
new logistical distribution equipment, or new information
technology equipment for which the deduction was granted.
(3) Any information concerning the number of employees at the
facility where the new manufacturing equipment,
or new research
and development equipment,
or both, new logistical distribution
equipment, or new information technology equipment is
located, including estimated totals that were provided as part of
the statement of benefits.
(4) Any information concerning the total of the salaries paid to
those employees, including estimated totals that were provided as
part of the statement of benefits.
(5) Any information concerning the amount of solid waste or
hazardous waste converted into energy or other useful products
by the new manufacturing equipment.
(6) Any information concerning the assessed value of the new
manufacturing equipment, or new research and development
equipment, or both, new logistical distribution equipment, or
new information technology equipment including estimates that
were provided as part of the statement of benefits.
(d) The following information is confidential if filed under this
section:
(1) Any information concerning the specific salaries paid to
individual employees by the owner of the new manufacturing
equipment, or new research and development equipment, or both.
new logistical distribution equipment, or new information
technology equipment.
(2) Any information concerning the cost of the new
manufacturing equipment, or new research and development
equipment, or both. new logistical distribution equipment, or
new information technology equipment.
SOURCE: IC 6-1.1-12.1-5.8; (04)CC100507.10. -->
SECTION 10. IC 6-1.1-12.1-5.8, AS AMENDED BY P.L.256-2003,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5.8. In lieu of providing the statement of benefits
required by section 3 or 4.5 of this chapter and the additional
information required by section 5.1 or 5.6 of this chapter, the
designating body may, by resolution, waive the statement of benefits if
the designating body finds that the purposes of this chapter are served
by allowing the deduction and the property owner has, during the
thirty-six (36) months preceding the first assessment date to which the
waiver would apply, installed new manufacturing equipment, or new
research and development equipment, or both, new logistical
distribution equipment, or new information technology equipment
or developed or rehabilitated property at a cost of at least ten million
dollars ($10,000,000) as determined by the assessor of the township in
which the property is located.
SOURCE: IC 6-1.1-12.1-8; (04)CC100507.11. -->
SECTION 11. IC 6-1.1-12.1-8, AS AMENDED BY P.L.90-2002,
SECTION 125, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 8. (a) Not later than December 31 of each year,
the county auditor shall publish the following in a newspaper of general
interest and readership and not one of limited subject matter:
(1) A list of the approved deduction applications that were filed
under this chapter during that year. The list must contain the
following:
(A) The name and address of each person approved for or
receiving a deduction that was filed for during the year.
(B) The amount of each deduction that was filed for during the
year.
(C) The number of years for which each deduction that was
filed for during the year will be available.
(D) The total amount for all deductions that were filed for and
granted during the year.
(2) The total amount of all deductions for real property that were
in effect under section 3 of this chapter during the year.
(3) The total amount of all deductions for new manufacturing
equipment, or new research and development equipment, or both,
new logistical distribution equipment, or new information
technology equipment that were in effect under section 4.5 of
this chapter during the year.
(b) The county auditor shall file the information described in
subsection (a)(2) and (a)(3) with the department of local government
finance not later than December 31 of each year.
SOURCE: IC 6-1.1-12.1-11.3; (04)CC100507.12. -->
SECTION 12. IC 6-1.1-12.1-11.3, AS AMENDED BY
P.L.245-2003, SECTION 11, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 11.3. (a) This section applies only
to the following requirements:
(1) Failure to provide the completed statement of benefits form to
the designating body before the hearing required by section 2.5(c)
of this chapter.
(2) Failure to submit the completed statement of benefits form to
the designating body before the initiation of the redevelopment or
rehabilitation or the installation of new manufacturing equipment,
or new research and development equipment, or both, new
logistical distribution equipment, or new information
technology equipment for which the person desires to claim a
deduction under this chapter.
(3) Failure to designate an area as an economic revitalization area
before the initiation of the:
(A) redevelopment;
(B) installation of new manufacturing equipment, or new
research and development equipment, or both; new logistical
distribution equipment, or new information technology
equipment; or
(C) rehabilitation;
for which the person desires to claim a deduction under this
chapter.
(4) Failure to make the required findings of fact before designating
an area as an economic revitalization area or authorizing a
deduction for new manufacturing equipment, or new research and
development equipment, or both, new logistical distribution
equipment, or new information technology equipment under
section 2, 3, or 4.5 of this chapter.
(5) Failure to file a:
(A) timely; or
(B) complete;
deduction application under section 5 or 5.4 of this chapter.
(b) This section does not grant a designating body the authority to
exempt a person from filing a statement of benefits or exempt a
designating body from making findings of fact.
(c) A designating body may by resolution waive noncompliance
described under subsection (a) under the terms and conditions specified
in the resolution. Before adopting a waiver under this subsection, the
designating body shall conduct a public hearing on the waiver.
SOURCE: IC 6-1.1-22-8; (04)CC100507.13. -->
SECTION 13. IC 6-1.1-22-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The county
treasurer shall either:
(1) mail to the last known address of each person liable for any
property taxes or special assessment, as shown on the tax
duplicate or special assessment records, or to the last known
address of the most recent owner shown in the transfer book a
statement of current and delinquent taxes and special assessments;
or
(2) transmit by written, electronic, or other means to a mortgagee
maintaining an escrow account for a person who is liable for any
property taxes or special assessments, as shown on the tax
duplicate or special assessment records a statement of current and
delinquent taxes and special assessments.
(b) The county treasurer may include the following in the statement:
(1) An itemized listing for each property tax levy, including:
(A) the amount of the tax rate;
(B) the entity levying the tax owed; and
(C) the dollar amount of the tax owed.
(2) Information designed to inform the taxpayer or mortgagee
clearly and accurately of the manner in which the taxes billed in
the tax statement are to be used.
A form used and the method by which the statement and information,
if any, are transmitted must be approved by the state board of accounts.
The county treasurer may mail or transmit the statement and
information, if any, one (1) time each year at least fifteen (15) days
before the date on which the first or only installment is due. Whenever
a person's tax liability for a year is due in one (1) installment under
IC 6-1.1-7-7 or section 9 of this chapter, a statement that is mailed
must include the date on which the installment is due and denote the
amount of money to be paid for the installment. Whenever a person's
tax liability is due in two (2) installments, a statement that is mailed
must contain the dates on which the first and second installments are
due and denote the amount of money to be paid for each installment.
(c) All payments of property taxes and special assessments shall be
made to the county treasurer. The county treasurer, when authorized
by the board of county commissioners, may open temporary offices for
the collection of taxes in cities and towns in the county other than the
county seat.
(d) Before July 1, 2004, the department of local government
finance shall designate five (5) counties to participate in a pilot
program to implement the requirements of subsection (e). The
department shall immediately notify the county treasurer, county
auditor, and county assessor in writing of the designation under
this subsection. The legislative body of a county not designated for
participation in the pilot program may adopt an ordinance to
implement the requirements of subsection (e). The legislative
body shall submit a copy of the ordinance to the department of
local government finance, which shall monitor the county's
implementation of the requirements of subsection (e) as if the
county were a participant in the pilot program. The requirements
of subsection (e) apply:
(1) only in:
(A) a county designated to participate in a pilot program
under this subsection, for property taxes first due and
payable after December 31, 2004, and before January 1,
2008; or
(B) a county adopting an ordinance under this subsection,
for property taxes first due and payable after December
31, 2003, or December 31, 2004 (as determined in the
ordinance), and before January 1, 2008; and
(2) in all counties for taxes first due and payable after
December 31, 2007.
(e) Subject to subsection (d), regardless of whether a county
treasurer transmits a statement of current and delinquent taxes
and special assessments to a person liable for the taxes under
subsection (a)(1) or to a mortgagee under subsection (a)(2), the
county treasurer shall mail the following information to the last
known address of each person liable for the property taxes or
special assessments or to the last known address of the most
recent owner shown in the transfer book. The county treasurer
shall mail the information not later than the date the county
treasurer transmits a statement for the property under subsection
(a)(1) or (a)(2). The county treasurer, county auditor, and county
assessor shall cooperate to generate the information to be
included on the form. The information that must be provided is
the following:
(1) A breakdown showing the total property tax and special
assessment liability and the amount of the taxpayer's liability
that will be distributed to each taxing unit in the county.
(2) A comparison showing any change in the assessed
valuation for the property as compared to the previous year.
(3) A comparison showing any change in the property tax and
special assessment liability for the property as compared to
the previous year. The information required under this
subdivision must identify:
(A) the amount of the taxpayer's liability distributable to
each taxing unit in which the property is located in the
current year and in the previous year; and
(B) the percentage change, if any, in the amount of the
taxpayer's liability distributable to each taxing unit in
which the property is located from the previous year to
the current year.
(4) An explanation of the following:
(A) The homestead credit and all property tax deductions.
(B) The procedure and deadline for filing for the
homestead credit and each deduction.
(C) The procedure that a taxpayer must follow to:
(i) appeal a current assessment; or
(ii) petition for the correction of an error related to the
taxpayer's property tax and special assessment liability.
(D) The forms that must be filed for an appeal or petition
described in clause (C).
The department of local government finance shall provide
the explanation required by this subdivision to each county
treasurer.
(5) A checklist that shows:
(A) the homestead credit and all property tax deductions;
and
(B) whether the homestead credit and each property tax
deduction applies in the current statement for the
property transmitted under subsection (a)(1) or (a)(2).
(f) The information required to be mailed under subsection (e)
must be simply and clearly presented and understandable to the
average individual.
(g) A county that incurs:
(1) initial computer programming costs directly related to
implementation of the requirements of subsection (e); or
(2) printing costs directly related to mailing information
under subsection (e);
shall submit an itemized statement of the costs to the department
of local government finance for reimbursement from the state.
The treasurer of state shall pay a claim approved by the
department of local government finance and submitted under this
section on a warrant of the auditor of state. However, the
treasurer of state may not pay any additional claims under this
subsection after the total amount of claims paid reaches fifty
thousand dollars ($50,000).
SOURCE: IC 6-1.1-33.5-2; (04)CC100507.14. -->
SECTION 14. IC 6-1.1-33.5-2, AS AMENDED BY HEA 1032-2004,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. The division of data analysis shall do the
following:
(1) Compile an electronic data base that includes the following:
(A) The local government data base.
(B) Information on sales of real and personal property,
including
nonconfidential information from sales disclosure
forms filed under IC 6-1.1-5.5.
(C) Personal property assessed values and data entries on
personal property return forms.
(D) Real property assessed values and data entries on real
property assessment records.
(E) Information on property tax exemptions, deductions, and
credits.
(F) Any other data relevant to the accurate determination of
real property and personal property tax assessments.
(2) Make available to each county and township software that
permits the transfer of the data described in subdivision (1) to the
division in a uniform format through a secure connection over the
Internet.
(3) Analyze the data compiled under this section for the purpose
of performing the functions under section 3 of this chapter.
(4) Conduct continuing studies of personal and real property tax
deductions, abatements, and exemptions used throughout Indiana.
The division of data analysis shall, before May 1 of each
even-numbered year, report on the studies at a meeting of the
budget committee and submit a report on the studies to the
legislative services agency for distribution to the members of the
legislative council. The report must be in an electronic format
under IC 5-14-6.
SOURCE: IC 24-4.5-3-701; (04)CC100507.15. -->
SECTION 15. IC 24-4.5-3-701 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 701. With respect to a consumer loan secured
by an interest in land used or expected to be used as the principal
dwelling of the debtor, a lender shall comply with IC 6-1.1-12-43.
SOURCE: IC 25-34.1-1-2; (04)CC100507.16. -->
SECTION 16. IC 25-34.1-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this
article:
"Person" means an individual, a partnership, a corporation, or a
limited liability company.
"Commission" means the Indiana real estate commission.
"Real estate" means any right, title, or interest in real property.
"Broker" means a person who, for consideration, sells, buys, trades,
exchanges, options, leases, rents, manages, lists, or appraises real estate
or negotiates or offers to perform any of those acts.
"Salesperson" means an individual, other than a broker, who, for
consideration and in association with and under the auspices of a
broker, sells, buys, trades, exchanges, options, leases, rents, manages,
or lists real estate or negotiates or offers to perform any of those acts.
"Broker-salesperson" means an individual broker who is acting in
association with and under the auspices of another broker.
"Principal broker" means a broker who is not acting as a
broker-salesperson.
"License" means a broker or salesperson license issued under this
article and which is not expired, suspended, or revoked.
"Licensee" means a person who holds a license issued under this
article. The term does not include a person who holds a real estate
appraiser license or certificate issued under the real estate appraiser
licensure and certification program established under IC 25-34.1-3-8.
"Course approval" means approval of a broker or salesperson course
granted under this article which is not expired, suspended, or revoked.
"Licensing agency" means the Indiana professional licensing agency
established by IC 25-1-6-3.
"Board" refers to the real estate appraiser licensure and certification
board established under IC 25-34.1-8-1.
"Commercial real estate" means a parcel of real estate other
than real estate containing one (1) to four (4) residential units.
This term does not include single family residential units such as:
(1) condominiums;
(2) townhouses;
(3) manufactured homes; or
(4) homes in a subdivision when sold, leased, or otherwise
conveyed on a unit-by-unit basis, even if those units are part
of a larger building or parcel of real estate containing more
than four (4) residential units.
"Out-of-state commercial broker" includes a person, a
partnership, an association, a limited liability company, a limited
liability partnership, or a corporation that is licensed to do
business as a broker in a jurisdiction other than Indiana.
"Out-of-state commercial salesperson" includes a person
affiliated with an out-of-state commercial broker who is not
licensed as a salesperson under this article.
SOURCE: IC 25-34.1-3-2; (04)CC100507.17. -->
SECTION 17. IC 25-34.1-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as
provided in:
(1) subsection (b);
and
(2) section 8(i) of this chapter;
and
(3) section 11 of this chapter;
no person shall, for consideration, sell, buy, trade, exchange, option,
lease, rent, manage, list, or appraise real estate or negotiate or offer to
perform any of those acts in Indiana or with respect to real estate
situated in Indiana, without a license.
(b) This article does not apply to:
(1) acts of an attorney which constitute the practice of law;
(2) performance by a public official of acts authorized by law;
(3) acts of a receiver, executor, administrator, commissioner,
trustee, or guardian, respecting real estate owned or leased by the
person represented, performed pursuant to court order or a will;
(4) rental, for periods of less than thirty (30) days, of rooms,
lodging, or other accommodations, by any commercial hotel,
motel, tourist facility, or similar establishment which regularly
furnishes such accommodations for consideration;
(5) rental of residential apartment units by an individual employed
or supervised by a licensed broker;
(6) rental of apartment units which are owned and managed by a
person whose only activities regulated by this article are in relation
to a maximum of twelve (12) apartment units which are located
on a single parcel of real estate or on contiguous parcels of real
estate;
(7) referral of real estate business by a broker, salesperson, or
referral company which is licensed under the laws of another
state, to or from brokers and salespersons licensed by this state;
(8) acts performed by a person in relation to real estate owned by
that person unless that person is licensed under this article, in
which case the article does apply to him;
(9) acts performed by a regular, full-time, salaried employee of a
person in relation to real estate owned or leased by that person
unless the employee is licensed under this article, in which case
the article does apply to him;
(10) conduct of a sale at public auction by a licensed auctioneer
pursuant to IC 25-6.1;
(11) sale, lease, or other transfer of interests in cemetery lots; and
(12) acts of a broker or salesperson, who is licensed under the
laws of another state, which are performed pursuant to, and under
restrictions provided by, written permission that is granted by the
commission in its sole discretion, except that such a person shall
comply with the requirements of section 5(c) of this chapter.
SOURCE: IC 25-34.1-3-4.1; (04)CC100507.18. -->
SECTION 18. IC 25-34.1-3-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.1. (a) To obtain
a broker license, an individual must:
(1) be at least eighteen (18) years of age before applying for a
license and must not have a conviction for:
(A) an act that would constitute a ground for disciplinary
sanction under IC 25-1-11;
(B) a crime that has a direct bearing on the individual's ability
to practice competently; or
(C) a crime that indicates the individual has the propensity to
endanger the public.
(2) have satisfied section 3.1(a)(2) of this chapter and have had
continuous active experience for one (1) year immediately
preceding the application as a licensed salesperson in Indiana;
however, this one (1) year experience requirement may be waived
by the commission upon a finding of equivalent experience;
(3) have successfully completed an approved broker course of
study as prescribed in IC 25-34.1-5-5(b);
(4) apply for a license by submitting the application fee prescribed
by the commission and an application specifying the name,
address, and age of the applicant, the name under which the
applicant intends to conduct business, the address where the
business is to be conducted, proof of compliance with
subdivisions (2) and (3), and any other information the
commission requires;
(5) pass a written examination prepared and administered by the
commission or its duly appointed agent; and
(6) within one hundred twenty (120) days after passing the
commission examination, submit the license fee of fifty dollars
($50). If an individual applicant fails to file a timely license fee, the
commission shall void the application and may not issue a license
to that applicant unless that applicant again complies with the
requirements of subdivisions (4) and (5) and this subdivision.
(b) To obtain a broker license, a partnership must:
(1) have as partners only individuals who are licensed brokers;
(2) have at least one (1) partner who:
(A) is a resident of Indiana; or
(B) is a principal broker under IC 25-34.1-4-3(b);
(3) cause each employee of the partnership who acts as a broker
or salesperson to be licensed; and
(4) submit the license fee of fifty dollars ($50) and an application
setting forth the name and residence address of each partner and
the information prescribed in subsection (a)(4).
(c) To obtain a broker license, a corporation must:
(1) have a licensed broker:
(A) residing in Indiana who is either an officer of the
corporation or, if no officer resides in Indiana, the highest
ranking corporate employee in Indiana with authority to bind
the corporation in real estate transactions; or
(B) who is a principal broker under IC 25-34.1-4-3(b);
(2) cause each employee of the corporation who acts as a broker
or salesperson to be licensed; and
(3) submit the license fee of fifty dollars ($50), an application
setting forth the name and residence address of each officer and
the information prescribed in subsection (a)(4), a copy of the
certificate of incorporation, and a certificate of good standing of
the corporation issued by the secretary of state of Indiana.
(d) To obtain a broker license, a limited liability company must:
(1) if a member-managed limited liability company:
(A) have as members only individuals who are licensed
brokers; and
(B) have at least one (1) member who is:
(i) a resident of Indiana; or
(ii) a principal broker under IC 25-34.1-4-3(b);
(2) if a manager-managed limited liability company, have a
licensed broker:
(A) residing in Indiana who is either a manager of the company
or, if no manager resides in Indiana, the highest ranking
company officer or employee in Indiana with authority to bind
the company in real estate transactions; or
(B) who is a principal broker under IC 25-34.1-4-3(b);
(3) cause each employee of the limited liability company who acts
as a broker or salesperson to be licensed; and
(4) submit the license fee of fifty dollars ($50) and an application
setting forth the information prescribed in subsection (a)(4),
together with:
(A) if a member-managed company, the name and residence
address of each member; or
(B) if a manager-managed company, the name and residence
address of each manager, or of each officer if the company
has officers.
(e) Licenses granted to partnerships, corporations, and limited
liability companies are issued, expire, are renewed, and are effective on
the same terms as licenses granted to individual brokers, except as
provided in subsection (h), and except that expiration or revocation of
the license of:
(1) any partner in a partnership or all individuals in a corporation
satisfying subsection (c)(1); or
(2) a member in a member-managed limited liability company or
all individuals in a manager-managed limited liability company
satisfying subsection (d)(2);
terminates the license of that partnership, corporation, or limited liability
company.
(f) Upon the applicant's compliance with the requirements of
subsection (a), (b), or (c), the commission shall issue the applicant a
broker license and an identification card which certifies the issuance of
the license and indicates the expiration date of the license. The license
shall be displayed at the broker's place of business.
(g) Notice of passing the commission examination serves as a
temporary permit for an individual applicant to act as a broker as soon
as the applicant sends, by registered or certified mail with return receipt
requested, a timely license fee as prescribed in subsection (a)(6). The
temporary permit expires the earlier of one hundred twenty (120) days
after the date of the notice of passing the examination or the date a
license is issued.
(h) A broker license expires, for individuals, at midnight, December
31 and, for corporations, partnerships, and limited liability companies
at midnight, June 30 of the next even-numbered year following the year
in which the license is issued or last renewed, unless the licensee
renews the license prior to expiration by payment of a biennial license
fee of fifty dollars ($50). An expired license may be reinstated within
one hundred twenty (120) days after expiration by payment of all
unpaid license fees together with twenty dollars ($20). If the license is
renewed within eighteen (18) months, but more than one hundred
twenty (120) days, after expiration, the licensee must pay a late fee of
one hundred dollars ($100) plus any unpaid license fees. If a broker
fails to reinstate a license within eighteen (18) months after expiration,
a license may not be issued unless the broker again complies with the
requirements of subsection (a)(4), (a)(5), and (a)(6).
(i) A partnership, corporation, or limited liability company may not
be a broker-salesperson except as authorized in IC 23-1.5. An individual
broker who associates as a broker-salesperson with a principal broker
shall immediately notify the commission of the name and business
address of the principal broker and of any changes of principal broker
that may occur. The commission shall then change the address of the
broker-salesperson on its records to that of the principal broker.
SOURCE: IC 25-34.1-3-5; (04)CC100507.19. -->
SECTION 19. IC 25-34.1-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) A resident of
another state, meeting the requirements of this chapter, may be
licensed.
(b) A nonresident individual broker may act only as a
broker-salesperson.
(c) (b) A nonresident salesperson or broker shall file with the
commission a written consent that any action arising out of the conduct
of the licensee's business in Indiana may be commenced in any county
of this state in which the cause of action accrues. The consent shall
provide that service of process may be made upon the commission, as
agent for the nonresident licensee, and that service in accordance with
the Indiana Rules of Trial Procedure subjects the licensee to the
jurisdiction of the courts in that county.
(d) (c) The requirements of this section may be waived for
individuals of or moving from other jurisdictions if the following
requirements are met:
(1) The jurisdiction grants the same privilege to the licensees of
this state.
(2) The individual is licensed in that jurisdiction.
(3) The licensing requirements of that jurisdiction are substantially
similar to the requirements of this chapter.
(4) The applicant states that the applicant has studied, is familiar
with, and will abide by the statutes and rules of this state.
SOURCE: IC 25-34.1-3-11; (04)CC100507.20. -->
SECTION 20. IC 25-34.1-3-11 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 11. (a) An out-of-state commercial broker,
for a fee, commission, or other valuable consideration, or in
expectation, or upon the promise of receiving or collecting a fee,
commission, or other valuable consideration, may perform acts
with respect to commercial real estate that require a license under
this article without a license under this article, if the out-of-state
commercial broker does all of the following:
(1) Works in cooperation with a broker who holds a valid
license issued under this article.
(2) Enters into a written agreement with the broker
described in subdivision (1) that includes the terms of
cooperation and compensation and a statement that the
out-of-state commercial broker and the broker's agents will
comply with the laws of this state.
(3) Furnishes the broker described in subdivision (1) with a
copy of the out-of-state commercial broker's current
certificate of good standing or other proof of a license in good
standing from a jurisdiction where the out-of-state
commercial broker maintains a valid real estate license.
(4) Files an irrevocable written consent with the commission
that legal actions arising out of the conduct of the
out-of-state commercial broker or the broker's agents may
be commenced against the out-of-state commercial broker in
a court with jurisdiction in a county in Indiana in which the
cause of action accrues.
(5) Advertises in compliance with state law and includes the
name of the broker described in subdivision (1) in all
advertising.
(6) Deposits all escrow funds, security deposits, and other
money received by either the out-of-state commercial broker
or the broker described in subdivision (1) in a trust account
maintained by the broker described in subdivision (1).
(7) Deposits all documentation required by this section and
records and documents related to the transaction with the
broker described in subdivision (1).
(b) The broker described in subsection (a)(1) shall retain the
documentation that is provided by the out-of-state commercial
broker as required under this section, and the records and
documents related to a transaction, for at least five (5) years.
(c) An out-of-state commercial salesperson may perform acts
with respect to commercial real estate that require a salesperson
to be licensed under this article without a license under this
article if the out-of-state commercial salesperson meets all of the
following requirements:
(1) The out-of-state commercial salesperson:
(A) is licensed with and works under the direct
supervision of the out-of-state commercial broker;
(B) provides the broker described in subsection (a)(1) with
a copy of the out-of-state commercial salesperson's
current certificate of good standing or other proof of a
license in good standing from the jurisdiction where the
out-of-state commercial salesperson maintains a valid real
estate license in connection with the out-of-state
commercial broker; and
(C) collects money, including:
(i) commissions;
(ii) deposits;
(iii) payments;
(iv) rentals; or
(v) escrow funds;
only in the name of and with the consent of the
out-of-state commercial broker under whom the
out-of-state commercial salesperson is licensed.
(2) The out-of-state commercial broker described in
subdivision (1)(A) meets all of the requirements of
subsection (a).
(d) A person licensed in a jurisdiction where there is not a legal
distinction between a real estate broker license and a real estate
salesperson license must meet the requirements of subsection (a)
before engaging in an act that requires a license under this
article.
(e) An out-of-state commercial broker or salesperson acting
under this section shall file a written consent as provided in
section 5(b) of this chapter.
SOURCE: IC 25-34.1-4-3; (04)CC100507.21. -->
SECTION 21. IC 25-34.1-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Except as
provided in subsection (b), each individual who is a principal broker
or is designated by a partnership, corporation, or a limited liability
company pursuant to section 2 of this chapter shall be a resident of
Indiana.
(b) A nonresident:
(1) individual broker; or
(2) individual designated by a partnership, corporation, or
limited liability company under section 2 of this chapter;
may be a principal broker if all the licensees affiliated with the
broker, partnership, corporation, or limited liability company are
not residents of Indiana.
SOURCE: IC 27-1-15.6-4; (04)CC100507.22. -->
SECTION 22. IC 27-1-15.6-4, AS AMENDED BY P.L.129-2003,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 4. (a) As used in this section, "insurer" does not
include an officer, director, employee, subsidiary, or affiliate of an
insurer.
(b) This chapter does not require an insurer to obtain an insurance
producer license.
(c) The following are not required to be licensed as an insurance
producer:
(1) An officer, director, or employee of an insurer or of an
insurance producer, if the officer, director, or employee does not
receive any commission on policies written or sold to insure risks
that reside, are located, or are to be performed in Indiana, and if:
(A) the officer, director, or employee's activities are executive,
administrative, managerial, clerical, or a combination of these,
and are only indirectly related to the sale, solicitation, or
negotiation of insurance;
(B) the officer, director, or employee's function relates to
underwriting, loss control, inspection, or the processing,
adjusting, investigating, or settling of a claim on a contract of
insurance; or
(C) the officer, director, or employee is acting in the capacity
of a special agent or agency supervisor assisting insurance
producers and the officer, director, or employee's activities are
limited to providing technical advice and assistance to licensed
insurance producers and do not include the sale, solicitation, or
negotiation of insurance.
(2) A person who secures and furnishes information for the
purpose of:
(A) group life insurance, group property and casualty
insurance, group annuities, group or blanket accident and
sickness insurance;
(B) enrolling individuals under plans;
(C) issuing certificates under plans or otherwise assisting in
administering plans; or
(D) performing administrative services related to mass
marketed property and casualty insurance;
where no commission is paid to the person for the service.
(3) A person identified in clauses (A) through (C) who is not in
any manner compensated, directly or indirectly, by a company
issuing a contract, to the extent that the person is engaged in the
administration or operation of a program of employee benefits for
the employer's or association's employees, or for the employees
of a subsidiary or affiliate of the employer or association, that
involves the use of insurance issued by an insurer:
(A) An employer or association.
(B) An officer, director, or employee of an employer or
association.
(C) The trustees of an employee trust plan.
(4) An:
(A) employee of an insurer; or
(B) organization employed by insurers;
that is engaged in the inspection, rating, or classification of risks,
or in the supervision of the training of insurance producers, and
that is not individually engaged in the sale, solicitation, or
negotiation of insurance.
(5) A person whose activities in Indiana are limited to advertising,
without the intent to solicit insurance in Indiana, through
communications in printed publications or other forms of
electronic mass media whose distribution is not limited to residents
of Indiana, provided that the person does not sell, solicit, or
negotiate insurance that would insure risks residing, located, or to
be performed in Indiana.
(6) A person who is not a resident of Indiana and who sells,
solicits, or negotiates a contract of insurance for commercial
property and casualty risks to an insured with risks located in
more than one state insured under that contract, provided that:
(A) the person is otherwise licensed as an insurance producer
to sell, solicit, or negotiate the insurance in the state where the
insured maintains its principal place of business; and
(B) the contract of insurance insures risks located in that state.
(7) A salaried full-time employee who counsels or advises the
employee's employer about the insurance interests of the employer
or of the subsidiaries or business affiliates of the employer,
provided that the employee does not sell or solicit insurance or
receive a commission.
(8) An officer, employee, or representative of a rental company
(as defined in IC 24-4-9-7) who negotiates or solicits insurance
incidental to and in connection with the rental of a motor vehicle.
(9) An individual who:
(A) furnishes only title insurance rate information at the
request of a consumer; and
(B) does not discuss the terms or conditions of a title
insurance policy.
SOURCE: IC 27-1-15.6-6; (04)CC100507.23. -->
SECTION 23. IC 27-1-15.6-6, AS AMENDED BY P.L.1-2002,
SECTION 106, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 6. (a) A person applying for a resident insurance
producer license shall make application to the commissioner on the
uniform application and declare under penalty of refusal, suspension, or
revocation of the license that the statements made in the application are
true, correct, and complete to the best of the individual's knowledge and
belief.
(b) Before approving an application submitted under subsection (a),
the commissioner must find that the individual meets the following
requirements:
(1) Is at least eighteen (18) years of age.
(2) Has not committed any act that is a ground for denial,
suspension, or revocation under section 12 of this chapter.
(3) Has completed, if required by the commissioner, a certified
prelicensing course of study for the lines of authority for which
the individual has applied.
(4) Has paid the nonrefundable fee set forth in section 32 of this
chapter.
(5) Has successfully passed the examinations for the lines of
authority for which the individual has applied.
(c) An applicant for a resident insurance producer license must file
with the commissioner on a form prescribed by the commissioner a
certification of completion certifying that the applicant has completed
an insurance producer program of study certified by the commissioner
under IC 27-1-15.7-5 not more than six (6) months before the
application for the license is received by the commissioner. This
subsection applies only to licensees seeking qualification in the lines of
insurance described in sections 7(a)(1) through 7(a)(6) and 7(a)(8) of
this chapter.
(d) A business entity, before acting as an insurance producer, is
required to obtain an insurance producer license. The application
submitted by a business entity under this subsection must be made
using the uniform business entity application. Before approving the
application, the commissioner must find that the business entity has:
(1) paid the fees required under section 32 of this chapter; and
(2) designated an individual licensed producer responsible for the
business entity's compliance with the insurance laws and
administrative rules of Indiana.
(e) The commissioner may require any documents reasonably
necessary to verify the information contained in an application
submitted under this subsection.
(f) An insurer that sells, solicits, or negotiates any form of limited
line credit insurance shall provide a program of instruction approved by
the commissioner to each individual whose duties will include selling,
soliciting, or negotiating limited line credit insurance.
SOURCE: IC 27-1-15.6-7; (04)CC100507.24. -->
SECTION 24. IC 27-1-15.6-7, AS ADDED BY P.L.132-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 7. (a) Unless denied licensure under section 12 of
this chapter, a person who has met the requirements of sections 5 and
6 of this chapter shall be issued an insurance producer license. An
insurance producer may receive qualification for a license in one or
more of the following lines of authority:
(1) Life _ insurance coverage on human lives, including benefits
of endowment and annuities, that may include benefits in the event
of death or dismemberment by accident and benefits for disability
income.
(2) Accident and health or sickness _ insurance coverage for
sickness, bodily injury, or accidental death that may include
benefits for disability income.
(3) Property _ insurance coverage for the direct or consequential
loss of or damage to property of every kind.
(4) Casualty _ insurance coverage against legal liability, including
liability for death, injury, or disability, or for damage to real or
personal property.
(5) Variable life and variable annuity products _ insurance
coverage provided under variable life insurance contracts and
variable annuities.
(6) Personal lines _ property and casualty insurance coverage
sold to individuals and families for primarily noncommercial
purposes.
(7) Credit _ limited line credit insurance.
(8) Title _ insurance coverage against loss or damage on
account of encumbrances on or defects in the title to real
estate.
(9) Any other line of insurance permitted under Indiana laws or
administrative rules.
(b) A person who requests and receives qualification under
subsection (a)(5) for variable life and annuity products:
(1) is considered to have requested; and
(2) shall receive;
a life qualification under subsection (a)(1).
(c) A resident insurance producer may not request separate
qualifications for property insurance and casualty insurance under
subsection (a).
(d) An insurance producer license remains in effect unless revoked
or suspended, as long as the renewal fee set forth in section 32 of this
chapter is paid and the educational requirements for resident individual
producers are met by the due date.
(e) An individual insurance producer who:
(1) allows the individual insurance producer's license to lapse; and
(2) completed all required continuing education before the license
expired;
may, not more than twelve (12) months after the expiration date of the
license, reinstate the same license without the necessity of passing a
written examination. A penalty in the amount of three (3) times the
unpaid renewal fee shall be required for any renewal fee received after
the expiration date of the license. However, the department of insurance
may waive the penalty if the renewal fee is received not more than thirty
(30) days after the expiration date of the license.
(f) A licensed insurance producer who is unable to comply with
license renewal procedures due to military service or some other
extenuating circumstance may request a waiver of the license renewal
procedures. The producer may also request a waiver of any
examination requirement or any other fine or sanction imposed for
failure to comply with the license renewal procedures.
(g) An insurance producer license shall contain the licensee's name,
address, personal identification number, date of issuance, lines of
authority, expiration date, and any other information the commissioner
considers necessary.
(h) A licensee shall inform the commissioner of a change of address
not more than thirty (30) days after the change by any means
acceptable to the commissioner. The failure of a licensee to timely
inform the commissioner of a change in legal name or address shall
result in a penalty under section 12 of this chapter.
(i) To assist in the performance of the commissioner's duties, the
commissioner may contract with nongovernmental entities, including
the National Association of Insurance Commissioners (NAIC), or any
affiliates or subsidiaries that the NAIC oversees, to perform ministerial
functions, including the collection of fees related to producer licensing,
that the commissioner and the nongovernmental entity consider
appropriate.
(j) The commissioner may participate, in whole or in part, with the
NAIC or any affiliate or subsidiary of the NAIC in a centralized
insurance producer license registry through which insurance producer
licenses are centrally or simultaneously effected for states that require
an insurance producer license and participate in the centralized
insurance producer license registry. If the commissioner determines
that participation in the centralized insurance producer license registry
is in the public interest, the commissioner may adopt rules under
IC 4-22-2 specifying uniform standards and procedures that are
necessary for participation in the registry, including standards and
procedures for centralized license fee collection.
SOURCE: IC 27-1-15.7-2; (04)CC100507.25. -->
SECTION 25. IC 27-1-15.7-2, AS AMENDED BY P.L.1-2002,
SECTION 109, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. (a)
Except as provided in subsection (b), to
renew a license issued under IC 27-1-15.6:
(1) a resident insurance producer must complete at least forty (40)
hours of credit in continuing education courses; and
(2) a resident limited lines producer must complete at least ten
(10) hours of credit in continuing education courses.
An attorney in good standing who is admitted to the practice of law in
Indiana and holds a license issued under IC 27-1-15.6 may complete all
or any number of hours of continuing education required by this
subsection by completing an equivalent number of hours in continuing
legal education courses that are related to the business of insurance.
(b)
To renew a license issued under IC 27-1-15.6, a limited lines
producer with a title qualification under IC 27-1-15.6-7(a)(8) must
complete at least fourteen (14) hours of credit in continuing
education courses related to the business of title insurance with
at least four (4) hours of instruction in a structured setting or
comparable self-study concerning:
(1) ethical practices in the marketing and selling of title
insurance;
(2) title insurance underwriting;
(3) escrow issues; and
(4) principles of the federal Real Estate Settlement
Procedures Act (12 U.S.C. 2608).
An attorney in good standing who is admitted to the practice of
law in Indiana and holds a license issued under IC 27-1-15.6 with
a title qualification under IC 27-1-15.6-7(a)(8) may complete all or
any number of hours of continuing education required by this
subsection by completing an equivalent number of hours in
continuing legal education courses related to the business of title
insurance or any aspect of real property law.
(c) The following limited lines producers are not required to
complete continuing education courses to renew a license under this
chapter:
(1) A limited lines producer who is licensed without examination
under IC 27-1-15.6-18(1) or IC 27-1-15.6-18(2).
(2) A limited line credit insurance producer.
(c) (d) To satisfy the requirements of subsection (a) or (b), a
licensee may use only those credit hours earned in continuing education
courses completed by the licensee:
(1) after the effective date of the licensee's last renewal of a
license under this chapter; or
(2) if the licensee is renewing a license for the first time, after the
date on which the licensee was issued the license under this
chapter.
(d) (e) If an insurance producer receives qualification for a license
in more than one (1) line of authority under IC 27-1-15.6, the insurance
producer may not be required to complete a total of more than forty
(40) hours of credit in continuing education courses to renew the
license.
(e) (f) Except as provided in subsection (f), (g), a licensee may
receive credit only for completing continuing education courses that
have been approved by the commissioner under section 4 of this
chapter.
(f) (g) A licensee who teaches a course approved by the
commissioner under section 4 of this chapter shall receive continuing
education credit for teaching the course.
(g) (h) When a licensee renews a license issued under this chapter,
the licensee must submit:
(1) a continuing education statement that:
(A) is in a format authorized by the commissioner;
(B) is signed by the licensee under oath; and
(C) lists the continuing education courses completed by the
licensee to satisfy the continuing education requirements of this
section; and
(2) any other information required by the commissioner.
(h) (i) A continuing education statement submitted under subsection
(g) (h) may be reviewed and audited by the department.
(i) (j) A licensee shall retain a copy of the original certificate of
completion received by the licensee for completion of a continuing
education course.
SOURCE: IC 27-1-15.7-5; (04)CC100507.26. -->
SECTION 26. IC 27-1-15.7-5, AS ADDED BY P.L.132-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. (a) To qualify as a certified prelicensing course
of study for purposes of IC 27-1-15.6-6, an insurance producer
program of study must meet all of the following criteria:
(1) Be conducted or developed by an:
(A) insurance trade association;
(B) accredited college or university;
(C) educational organization certified by the insurance
producer education and continuing education advisory council;
or
(D) insurance company licensed to do business in Indiana.
(2) Provide for self-study or instruction provided by an approved
instructor in a structured setting, as follows:
(A) For life insurance producers, not less than twenty-four
(24) hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of life insurance.
(B) For health insurance producers, not less than twenty-four
(24) hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of health insurance.
(C) For life and health insurance producers, not less than forty
(40) hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana;
(iii) principles of life insurance; and
(iv) principles of health insurance.
(D) For property and casualty insurance producers, not less
than forty (40) hours of instruction in a structured setting or
comparable self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana;
(iii) principles of property insurance; and
(iv) principles of liability insurance.
(E) For personal lines producers, a minimum of twenty-four
(24) hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of property and liability insurance applicable to
coverages sold to individuals and families for primarily
noncommercial purposes.
(F) For title insurance producers, not less than ten (10)
hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of title
insurance;
(ii) requirements of the insurance laws and
administrative rules of Indiana;
(iii) principles of title insurance, including underwriting
and escrow issues; and
(iv) principles of the federal Real Estate Settlement
Procedures Act (12 U.S.C. 2608).
(3) Instruction provided in a structured setting must be provided
only by individuals who meet the qualifications established by the
commissioner under subsection (b).
(b) The commissioner, after consulting with the insurance producer
education and continuing education advisory council, shall adopt rules
under IC 4-22-2 prescribing the criteria that a person must meet to
render instruction in a certified prelicensing course of study.
(c) The commissioner shall adopt rules under IC 4-22-2 prescribing
the subject matter that an insurance producer program of study must
cover to qualify for certification as a certified prelicensing course of
study under this section.
(d) The commissioner may make recommendations that the
commissioner considers necessary for improvements in course
materials.
(e) The commissioner shall designate a program of study that meets
the requirements of this section as a certified prelicensing course of
study for purposes of IC 27-1-15.6-6.
(f) The commissioner may, after notice and opportunity for a
hearing, withdraw the certification of a course of study that does not
maintain reasonable standards, as determined by the commissioner for
the protection of the public.
(g) Current course materials for a prelicensing course of study that
is certified under this section must be submitted to the commissioner
upon request, but not less frequently than once every three (3) years.
SOURCE: IC 27-1-15.7-6; (04)CC100507.27. -->
SECTION 27. IC 27-1-15.7-6, AS ADDED BY P.L.132-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 6. (a) As used in this section, "council" refers to
the insurance producer education and continuing education advisory
council created under subsection (b).
(b) The insurance producer education and continuing education
advisory council is created within the department. The council consists
of the commissioner and twelve (12) thirteen (13) members appointed
by the governor as follows:
(1) Two (2) members recommended by the Professional
Insurance Agents of Indiana.
(2) Two (2) members recommended by the Independent
Insurance Agents of Indiana.
(3) Two (2) members recommended by the Indiana Association
of Insurance and Financial Advisors.
(4) Two (2) representatives of direct writing or exclusive
producer's insurance companies.
(5) One (1) representative of the Association of Life Insurance
Companies.
(6) One (1) member recommended by the Insurance Institute of
Indiana.
(7) One (1) member recommended by the Indiana Land Title
Association.
(8) Two (2) other individuals.
(c) Members of the council serve for a term of three (3) years.
Members may not serve more than two (2) consecutive terms.
(d) Before making appointments to the council, the governor must:
(1) solicit; and
(2) select appointees to the council from;
nominations made by organizations and associations that represent
individuals and corporations selling insurance in Indiana.
(e) The council shall meet at least semiannually.
(f) A member of the council is entitled to the minimum salary per
diem provided under IC 4-10-11-2.1(b). A member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the state department
of administration and approved by the state budget agency.
(g) The council shall review and make recommendations to the
commissioner with respect to course materials, curriculum, and
credentials of instructors of each prelicensing course of study for
which certification by the commissioner is sought under section 5 of
this chapter and shall make recommendations to the commissioner with
respect to educational requirements for insurance producers.
(h) A member of the council or designee of the commissioner shall
be permitted access to any classroom while instruction is in progress
to monitor the classroom instruction.
(i) The council shall make recommendations to the commissioner
concerning the following:
(1) Continuing education courses for which the approval of the
commissioner is sought under section 4 of this chapter.
(2) Rules proposed for adoption by the commissioner that would
affect continuing education.
SOURCE: ; (04)CC100507.28. -->
SECTION 28. [EFFECTIVE JULY 1, 2004]
(a) IC 27-1-15.7-2, as
amended by this act, applies only to a limited lines producer with
a title qualification who renews the limited lines producer's license
issued under IC 27-1-15.6 after December 31, 2005.
(b) IC 27-1-15.7-5, as amended by this act, does not apply to an
insurance producer program of study until January 1, 2005.
(c) This SECTION expires July 1, 2010.
SOURCE: IC 28-1-5-16; (04)CC100507.29. -->
SECTION 29. IC 28-1-5-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 16. With respect to a residential real property
financing or refinancing, a corporation shall comply with
IC 6-1.1-12-43.
SOURCE: IC 28-5-1-26; (04)CC100507.30. -->
SECTION 30. IC 28-5-1-26 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 26. With respect to a residential real property
financing or refinancing, an industrial loan and investment
company shall comply with IC 6-1.1-12-43.
SOURCE: IC 28-6.1-6-25; (04)CC100507.31. -->
SECTION 31. IC 28-6.1-6-25 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 25. With respect to a residential real property
financing or refinancing, a savings bank shall comply with
IC 6-1.1-12-43.
SOURCE: IC 28-7-1-38; (04)CC100507.32. -->
SECTION 32. IC 28-7-1-38 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 38. With respect to a residential real property
financing or refinancing, a credit union shall comply with
IC 6-1.1-12-43.
SOURCE: IC 34-30-2-16.6; (04)CC100507.33. -->
SECTION 33. IC 34-30-2-16.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 16.6. IC 6-1.1-12-43 (Concerning a closing
agent's failure to provide a form concerning property tax
benefits).
SOURCE: IC 36-4-1-1; (04)CC100507.34. -->
SECTION 34. IC 36-4-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Municipalities
are classified according to their status and population as follows:
STATUS AND POPULATION CLASS
Cities of 250,000 600,000 or more First class cities
Cities of 35,000 to 249,999 599,999 Second class cities
Cities of less than 35,000 Third class cities
Other municipalities of any
population Towns
(b) Except as provided in subsection (c), a city that attains a
population of thirty-five thousand (35,000) remains a second class city
even though its population decreases to less than thirty-five thousand
(35,000) at the next federal decennial census.
(c) The legislative body of a city to which subsection (b) applies may,
by ordinance, adopt third class city status.
SOURCE: IC 36-7-31.3-8; (04)CC100507.35. -->
SECTION 35. IC 36-7-31.3-8, AS AMENDED BY P.L.178-2002,
SECTION 126, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Except as provided in subsection (d), A
designating body may designate as part of a professional sports and
convention development area any facility that is:
(1) owned by the city, the county, a school corporation, or a board
under IC 36-9-13, IC 36-10-8, IC 36-10-10, or IC 36-10-11, and
used by a professional sports franchise for practice or competitive
sporting events; or
(2) owned by the city, the county, or a board under IC 36-9-13,
IC 36-10-8, IC 36-10-10, or IC 36-10-11, and used as one (1) of
the following:
(A) A facility used principally for convention or tourism related
events serving national or regional markets.
(B) An airport.
(C) A museum.
(D) A zoo.
(E) A facility used for public attractions of national significance.
(F) A performing arts venue.
(G) A county courthouse registered on the National Register of
Historic Places.
A facility may not include a private golf course or related
improvements. The tax area may include only facilities described in this
section and any parcel of land on which a facility is located. An area
may contain noncontiguous tracts of land within the city, county, or
school corporation.
(b) Except for a tax area that is located in a city having a population
of:
(1) more than one hundred fifty thousand (150,000) but less than
five hundred thousand (500,000); or
(2) more than ninety thousand (90,000) but less than one hundred
five thousand (105,000);
a tax area must include at least one (1) facility described in subsection
(a)(1).
(c) Except as provided in subsection (d), a tax area may contain other
facilities not owned by the designating body if:
(1) the facility is owned by a city, the county, a school corporation,
or a board established under IC 36-9-13, IC 36-10-8, IC 36-10-10,
or IC 36-10-11; and
(2) an agreement exists between the designating body and the
owner of the facility specifying the distribution and uses of the
covered taxes to be allocated under this chapter.
(d) In a city having a population of more than ninety thousand
(90,000) but less than one hundred five thousand (105,000), the
designating body may designate only one (1) facility as part of a tax
area. The facility designated as part of the tax area may not be a facility
described in subsection (a)(1).
SOURCE: IC 36-7-31.3-9; (04)CC100507.36. -->
SECTION 36. IC 36-7-31.3-9, AS AMENDED BY P.L.178-2002,
SECTION 127, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) A tax area must be initially established
by resolution:
(1) except as provided in subdivision (2) before July 1, 1999; or
(2) in the case of a second class city, before July 1, 2003; January
1, 2005:
(A) in the case of a second class city; or
(B) the city of Marion;
according to the procedures set forth for the establishment of an
economic development area under IC 36-7-14. A tax area may be
changed or the terms governing the tax area revised in the same manner
as the establishment of the initial tax area. Only one (1) tax area may be
created in each county.
(b) In establishing the tax area, the designating body must make the
following findings instead of the findings required for the establishment
of economic development areas:
(1) Except for a tax area in a city having a population of:
(A) more than one hundred fifty thousand (150,000) but less than
five hundred thousand (500,000); or
(B) more than ninety thousand (90,000) but less than one
hundred five thousand (105,000);
there is a capital improvement that will be undertaken or has been
undertaken in the tax area for a facility that is used by a
professional sports franchise for practice or competitive sporting
events. A tax area to which this subdivision applies may also
include a capital improvement that will be undertaken or has been
undertaken in the tax area for a facility that is used for any purpose
specified in section 8(a)(2) of this chapter.
(2) For a tax area in a city having a population of more than one
hundred fifty thousand (150,000) but less than five hundred
thousand (500,000), there is a capital improvement that will be
undertaken or has been undertaken in the tax area for a facility that
is used for any purpose specified in section 8(a) of this chapter.
(3) For a tax area in a city having a population of more than ninety
thousand (90,000) but less than one hundred five thousand
(105,000), there is a capital improvement that will be undertaken or
has been undertaken in the tax area for a facility that is used for any
purpose specified in section 8(a)(2) of this chapter.
(4) The capital improvement that will be undertaken or that has
been undertaken in the tax area will benefit the public health and
welfare and will be of public utility and benefit.
(5) The capital improvement that will be undertaken or that has
been undertaken in the tax area will protect or increase state and
local tax bases and tax revenues.
(c) The tax area established under this chapter is a special taxing
district authorized by the general assembly to enable the designating
body to provide special benefits to taxpayers in the tax area by
promoting economic development that is of public use and benefit.
SOURCE: IC 36-7-31.3-19; (04)CC100507.37. -->
SECTION 37. IC 36-7-31.3-19, AS AMENDED BY P.L.178-2002,
SECTION 131, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 19. The resolution establishing the tax area
must designate the use of the funds. The funds are to be used only for
the following:
(1) Except in a tax area in a city having a population of:
(A) more than one hundred fifty thousand (150,000) but less than
five hundred thousand (500,000); or
(B) more than ninety thousand (90,000) but less than one
hundred five thousand (105,000);
a capital improvement that will construct or equip a facility owned
by the city, the county, a school corporation, or a board under
IC 36-9-13, IC 36-10-8, IC 36-10-10, or IC 36-10-11 and used by
a professional sports franchise for practice or competitive sporting
events. In a tax area to which this subdivision applies, funds may
also be used for a capital improvement that will construct or equip
a facility owned by the city, the county, or a board under
IC 36-9-13, IC 36-10-8, IC 36-10-10, or IC 36-10-11 and used for
any purpose specified in section 8(a)(2) of this chapter.
(2) In a city having a population of more than one hundred fifty
thousand (150,000) but less than five hundred thousand (500,000),
a capital improvement that will construct or equip a facility owned
by the city, the county, a school corporation, or a board under
IC 36-9-13, IC 36-10-8, IC 36-10-10, or IC 36-10-11 and used for
any purpose specified in section 8(a) of this chapter.
(3) In a city having a population of more than ninety thousand
(90,000) but less than one hundred five thousand (105,000), a
capital improvement that will construct or equip a facility owned by
the city, the county, or a board under IC 36-9-13, IC 36-10-8,
IC 36-10-10, or IC 36-10-11 and used for any purpose specified in
section 8(a)(1) or 8(a)(2) of this chapter.
(4) The financing or refinancing of a capital improvement described
in subdivision (1), (2), or (3) or the payment of lease payments for
a capital improvement described in subdivision (1), (2), or (3).
SOURCE: ; (04)CC100507.38. -->
SECTION 38. [EFFECTIVE UPON PASSAGE] (a) Except as
provided in subsection (b), IC 6-1.1-22-8, as amended by this act,
applies only to statements prepared and mailed for property taxes
and special assessments first due and payable after December 31,
2004.
(b) IC 6-1.1-22-8, as amended by this act, applies to statements
prepared and mailed for property taxes and special assessments
first due and payable in a county after December 31, 2003, if that
date is specified in an ordinance adopted by the county under
IC 6-1.1-22-8(d), as amended by this act.
SOURCE: ; (04)CC100507.39. -->
SECTION 39. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "commission" refers to the property tax replacement
study commission established by subsection (b).
(b) The property tax replacement study commission is
established.
(c) The commission consists of twenty-four (24) members who
are appointed as follows:
(1) Twelve (12) members appointed by the president pro
tempore of the senate as follows:
(A) One (1) member representing manufacturing.
(B) One (1) member representing small business.
(C) One (1) member representing farmers.
(D) One (1) member representing home builders.
(E) One (1) member representing realtors.
(F) One (1) member who is a member of a city fiscal body.
(G) One (1) member who is a mayor.
(H) One (1) member who is a township trustee.
(I) Two (2) members of the senate, not more than one (1) of
whom may be affiliated with the same political party.
(J) Two (2) members, without regard to representation or
affiliation.
(2) Twelve (12) members appointed by the speaker of the
house of representatives as follows:
(A) One (1) member representing business.
(B) One (1) member representing labor.
(C) One (1) member representing senior citizens.
(D) One (1) member representing professional educators.
(E) One (1) member representing banking.
(F) One (1) member who is a parent of a child enrolled in
kindergarten through grade 12.
(G) One (1) member who is a school board member.
(H) One (1) member who is a member of a county fiscal
body.
(I) Two (2) members of the house of representatives, not
more than one (1) of whom may be affiliated with the same
political party.
(J) Two (2) members, without regard to representation or
affiliation.
Not more than twelve (12) members of the commission may be
from the same political party.
(d) Except for the members appointed under subsection (c)(1)(I)
and (c)(2)(I), the members appointed under subsection (c):
(1) may not be members of the general assembly;
(2) must own property subject to assessment under IC 6-1.1;
and
(3) have knowledge and experience in the areas of taxation
and government finance or school finance.
Each member must be appointed not later than thirty (30) days
after the effective date of this act.
(e) The president pro tempore of the senate and the speaker of
the house of representatives shall each appoint a cochairperson of
the commission.
(f) The commission shall study the following proposals:
(1) Eliminating approximately fifty percent (50%) of net
property tax levies.
(2) Eliminating approximately seventy-five percent (75%) of
net property tax levies.
(3) Eliminating approximately one hundred percent (100%) of
net property tax levies.
The study required under this subsection must identify revenue
sources capable of replacing property taxes and providing
sufficient revenue to maintain essential government services.
(g) The commission is authorized to meet throughout the year
at the call of the cochairpersons. The cochairpersons must call the
first meeting of the commission not later than forty-five (45) days
after the effective date of this act. The commission shall submit
status reports concerning the commission's activities to the
legislative council during June and September of 2004.
(h) Before December 1, 2004, the commission shall submit to
the legislative council an executive summary of each of the
possible alternatives for achieving the property tax elimination
proposals described in subsection (f). As soon as possible after
submission of the executive summary, the commission shall
supplement the executive summary with a final report to the
legislative council covering the following matters:
(1) The commission's schedule of meetings and the public
testimony received at those meetings.
(2) The commission's findings and recommendations,
including any recommendations for statutory changes.
(3) A fiscal analysis of the cost to the state, units of local
government, and school corporations to implement:
(A) the alternatives for property tax elimination presented
in the commission's executive summary; and
(B) the commission's recommendations.
(i) Except as otherwise provided in this SECTION, the
commission shall operate under the rules and procedures of the
legislative council.
(j) The affirmative votes of at least thirteen (13) members of
the commission are required for the commission to take action on
any measure.
(k) Members of the commission are entitled to per diem and
travel allowances in the same amounts as the legislative council
provides for members of interim study committees.
(l) The legislative services agency shall provide staff support for
the commission as directed by a subcommittee established by the
legislative council.
(m) The status reports, executive summary, and final report
required by this SECTION must be in an electronic format under
IC 5-14-6.
(n) This SECTION expires January 1, 2005.
SOURCE: ; (04)CC100507.40. -->
SECTION 40. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "commission" refers to the local government efficiency
and financing study commission established by this SECTION.
(b) As used in this SECTION, "municipal corporation" means a
county, city, town, township, library district, local housing
authority, fire protection district, public transportation
corporation, local building authority, local hospital authority or
corporation, local airport authority, special service district, special
taxing district, or other separate local governmental entity that
may sue and be sued.
(c) There is established the local government efficiency and
financing study commission. The commission shall study the
following:
(1) Local government financing, structure, and methods of
providing necessary services to the public to determine the
most appropriate and efficient means of providing services.
(2) Merger and consolidation of municipal corporations and
the sharing of services among municipal corporations to
improve the efficiency of local government.
(3) Creation of local charter governments and the
restructuring of municipal corporations, including a review of
Senate Bill 225-2004, which proposed allowing local
governments to establish charter governments.
(4) The efforts of Fort Wayne and Allen County to restructure
municipal and county government.
(5) The ongoing study conducted by Vanderburgh County
concerning the restructuring of local government.
(6) The efforts of other states to consolidate local government.
(7) Any other issue as determined by the commission.
(d) The commission consists of the following twenty-three (23)
members:
(1) Five (5) members appointed by the governor as follows:
(A) One (1) member who is the mayor of a third class city.
(B) One (1) member representing business.
(C) One (1) member representing labor.
(D) One (1) member who is an economic development
professional.
(E) One (1) member who is a public safety employee of a
second class city.
(2) Four (4) members who are members of the senate,
appointed by the president pro tempore of the senate. Not
more than two (2) members may be of the same political
party.
(3) Four (4) members who are members of the house of
representatives, appointed by the speaker of the house of
representatives. Not more than two (2) members may be of
the same political party.
(4) Ten (10) members as follows:
(A) One (1) member who is a county commissioner
appointed by the president pro tempore of the senate.
(B) One (1) member who is the mayor of a second class city
appointed by the speaker of the house of representatives.
(C) One (1) member who is a member of a city council of a
second class city appointed by the president pro tempore of
the senate.
(D) One (1) member who is a member of a county council
appointed by the speaker of the house of representatives.
(E) Two (2) members who are township trustees. One (1)
member shall be appointed by the president pro tempore of
the senate. One (1) member shall be appointed by the
speaker of the house of representatives. The member
appointed by the speaker of the house of representatives
must be a trustee assessor.
(F) One (1) member, appointed by the speaker of the house
of representatives, who is a member of a town legislative
body.
(G) One (1) member, appointed by the president pro
tempore of the senate, who is:
(i) an elected or appointed and a qualified township
assessor; and
(ii) not a township trustee.
(H) One (1) member, appointed by the speaker of the house,
who is a county assessor.
(I) One (1) member, appointed by the president pro tem of
the senate, who is a member of a city council of a third class
city.
(e) Not more than five (5) members appointed under subsection
(d)(4) may be of the same political party.
(f) After the effective date of this act:
(1) the president pro tempore of the senate shall appoint the
first chairperson of the commission from among the members
of the commission who are legislators, for a term that expires
December 1, 2004; and
(2) the speaker of the house of representatives shall appoint
the first vice chairperson of the commission from among the
members of the commission who are legislators, for a term
that expires December 1, 2004.
(g) After November 30, 2004:
(1) the speaker of the house of representatives shall appoint
the second commission chairperson from among the
legislative members of the commission, for a term that
expires December 1, 2005; and
(2) the president pro tempore of the senate shall appoint the
second commission vice chairperson from among the
legislative members of the commission, for a term that
expires December 1, 2005.
(h) If a member of the commission who holds public office
ceases to hold the public office that the member held when
appointed to the commission, the member vacates the member's
seat on the commission.
(i) The commission shall operate under the policies governing
study committees adopted by the legislative council.
(j) An affirmative vote of a majority of the voting members
appointed to the commission is required for the commission to
take action on any measure, including final reports.
(k) The commission shall annually submit a final report to the
legislative council of the commission's recommendations and
findings not later than December 1. The report to the legislative
council must be in an electronic format under IC 5-14-6.
(l) This SECTION expires December 1, 2005.
SOURCE: ; (04)CC100507.41. -->
SECTION 41. [EFFECTIVE UPON PASSAGE] The general
assembly finds that the city of Marion is subject to special
circumstances that justify special legislation to allow the city of
Marion to establish a tax area under IC 36-7-31.3-9, as amended
by this act, before January 1, 2005.
SOURCE: ; (04)CC100507.42. -->
SECTION 42.
An emergency is declared for this act.
(Reference is to EHB 1005 as reprinted February 18, 2004.)
Conference Committee Report
on
Engrossed House
Bill 1005
Text Box
S
igned by:
____________________________ ____________________________
Representative Reske Senator Kenley
Chairperson
____________________________ ____________________________
Representative Turner Senator Lanane
House Conferees Senate Conferees