November 20, 2007
ENGROSSED
HOUSE BILL No. 1010
_____
DIGEST OF HB 1010 (
Updated November 20, 2007 - DI 52
)
Citations Affected: IC 6-1.1; IC 6-3.5; P.L.234-2007, SECTION 300;
P.L.234-2007, SECTION 301.
Synopsis: Tax procedures. Authorizes the department of local
government finance (DLGF) and local governments to take certain
actions related to property taxes first due and payable in 2007. Extends
to October 15, 2007, the deadline for filing for the homestead credit
and various deductions for taxes first due and payable in 2008.
Provides that a taxpayer is not required to have an appraisal of tangible
property in order to initiate and prosecute an administrative review of
the assessment of the property. Extends to December 31, 2007, the
deadline applicable in 2007 for adopting the local option income taxes
for freezing levy growth, for public safety, and for property tax relief.
Provides that an ordinance to impose such a local option income tax
that was adopted after the August 1 deadline for adoption is legalized
and validated. Deletes the requirement that, for purposes of calculating
a local option income tax rate to freeze levy growth, the DLGF shall
(Continued next page)
Effective: Upon passage; January 1, 2007 (retroactive); July 1, 2007
(retroactive).
Crawford, Espich, Battles, Tyler
(SENATE SPONSORS _ Kenley, Hume, Meeks, Skinner, Mrvan)
November 20, 2007, read first time, rules suspended.
November 20, 2007, read second time, considered engrossed.
November 20, 2007, read third time, passed. Yeas 94, nays 4.
SENATE ACTION
November 20, 2007, read first time and referred to Committee on Rules and Legislative
Procedure.
November 20, 2007, reported favorably _ Do Pass.
Digest Continued
round up to the nearest 0.1%. Provides that the additional 2008
homestead credit shall be applied before the application of any local
property tax replacement credits or increases in the homestead credit
percentage that are funded by the local option income tax for property
tax relief. Allows a county legislative body to adopt an ordinance
providing that the refund of a taxpayer's additional 2007 homestead
credit must be applied first against any delinquent property taxes owed
in the county by the taxpayer. (Current law requires the refund to be
applied against delinquent property taxes.) Makes a technical
correction to the assessed value growth quotient statute. Provides that
if the balance available in the property tax reduction trust fund is
insufficient to pay the spring installment of the additional 2008
homestead credit, the auditor of state shall transfer the amount
necessary from the state general fund. Requires the amount of the
transfers to be repaid from the property tax reduction trust fund to the
state general fund according to a schedule determined by the budget
agency.
November 20, 2007
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2007 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1010
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-15-1; (08)LS6248.1. -->
SECTION 1. IC 6-1.1-15-1, AS AMENDED BY P.L.219-2007,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE] : Sec. 1. (a) A taxpayer may obtain a review by the
county board of a county or township official's action with respect to
the assessment of the taxpayer's tangible property if the official's action
requires the giving of notice to the taxpayer. At the time that notice is
given to the taxpayer, the taxpayer shall also be informed in writing of:
(1) the opportunity for a review under this section, including a
meeting under subsection (h) with the county or township official
referred to in this subsection; and
(2) the procedures the taxpayer must follow in order to obtain a
review under this section.
(b) In order to obtain a review of an assessment effective for the
assessment date to which the notice referred to in subsection (a)
applies, the taxpayer must file a notice in writing with the county or
township official referred to in subsection (a) not later than forty-five
(45) days after the date of the notice referred to in subsection (a).
(c) A taxpayer may obtain a review by the county board of the
assessment of the taxpayer's tangible property effective for an
assessment date for which a notice of assessment is not given as
described in subsection (a). To obtain the review, the taxpayer must file
a notice in writing with the township assessor of the township in which
the property is subject to assessment. The right of a taxpayer to obtain
a review under this subsection for an assessment date for which a
notice of assessment is not given does not relieve an assessing official
of the duty to provide the taxpayer with the notice of assessment as
otherwise required by this article. For an assessment date in a year
before 2009, the notice must be filed on or before May 10 of the year.
For an assessment date in a year after 2008, the notice must be filed not
later than the later of:
(1) May 10 of the year; or
(2) forty-five (45) days after the date of the statement mailed by
the county auditor under IC 6-1.1-17-3(b).
(d) A change in an assessment made as a result of a notice for
review filed by a taxpayer under subsection (c) after the time
prescribed in subsection (c) becomes effective for the next assessment
date. A change in an assessment made as a result of a notice for review
filed by a taxpayer under subsection (b) or (c) remains in effect from
the assessment date for which the change is made until the next
assessment date for which the assessment is changed under this article.
(e) The written notice filed by a taxpayer under subsection (b) or (c)
must include the following information:
(1) The name of the taxpayer.
(2) The address and parcel or key number of the property.
(3) The address and telephone number of the taxpayer.
(f) A county or township official who receives a notice for review
filed by a taxpayer under subsection (b) or (c) shall immediately
forward the notice to the county board.
(g) The county board shall hold a hearing on a review under this
subsection not later than one hundred eighty (180) days after the date
of the notice for review filed by the taxpayer under subsection (b) or
(c). The county board shall, by mail, give notice of the date, time, and
place fixed for the hearing to the taxpayer and the county or township
official with whom the taxpayer filed the notice for review. The
taxpayer and the county or township official with whom the taxpayer
filed the notice for review are parties to the proceeding before the
county board.
(h) Before the county board holds the hearing required under
subsection (g), the taxpayer may request a meeting by filing a written
request with the county or township official with whom the taxpayer
filed the notice for review to:
(1) attempt to resolve as many issues under review as possible;
and
(2) seek a joint recommendation for settlement of some or all of
the issues under review.
A county or township official who receives a meeting request under
this subsection before the county board hearing shall meet with the
taxpayer. The taxpayer and the county or township official shall present
a joint recommendation reached under this subsection to the county
board at the hearing required under subsection (g). The county board
may adopt or reject the recommendation in whole or in part.
(i) At the hearing required under subsection (g):
(1) the taxpayer may present the taxpayer's reasons for
disagreement with the assessment; and
(2) the county or township official with whom the taxpayer filed
the notice for review must present:
(A) the basis for the assessment decision; and
(B) the reasons the taxpayer's contentions should be denied.
(j) The county board may not require a taxpayer to file documentary
evidence or summaries of statements of testimonial evidence before the
hearing required under subsection (g). If the action for which a
taxpayer seeks review under this section is the assessment of
tangible property, the taxpayer is not required to have an appraisal
of the property in order to do the following:
(1) Initiate the review.
(2) Prosecute the review.
(k) Regardless of whether the county board adopts a
recommendation under subsection (h), the county board shall prepare
a written decision resolving all of the issues under review. The county
board shall, by mail, give notice of its determination not later than one
hundred twenty (120) days after the hearing under subsection (g) to the
taxpayer, the county assessor, and the township assessor.
(l) If the maximum time elapses:
(1) under subsection (g) for the county board to hold a hearing; or
(2) under subsection (k) for the county board to give notice of its
determination;
the taxpayer may initiate a proceeding for review before the Indiana
board by taking the action required by section 3 of this chapter at any
time after the maximum time elapses.
SOURCE: IC 6-1.1-15-3; (08)LS6248.2. -->
SECTION 2. IC 6-1.1-15-3, AS AMENDED BY P.L.219-2007,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) A taxpayer may obtain a review by the
Indiana board of a county board's action with respect to the following:
(1) The assessment of that taxpayer's tangible property if the
county board's action requires the giving of notice to the taxpayer.
(2) The exemption of that taxpayer's tangible property if the
taxpayer receives a notice of an exemption determination by the
county board under IC 6-1.1-11-7.
(b) The county assessor is the party to the review under this section
to defend the determination of the county board. At the time the notice
of that determination is given to the taxpayer, the taxpayer shall also be
informed in writing of:
(1) the taxpayer's opportunity for review under this section; and
(2) the procedures the taxpayer must follow in order to obtain
review under this section.
(c) A county assessor who dissents from the determination of an
assessment or an exemption by the county board may obtain a review
of the assessment or the exemption by the Indiana board.
(d) In order to obtain a review by the Indiana board under this
section, the party must, not later than forty-five (45) days after the date
of the notice given to the party or parties of the determination of the
county board:
(1) file a petition for review with the Indiana board; and
(2) mail a copy of the petition to the other party.
(e) The Indiana board shall prescribe the form of the petition for
review of an assessment determination or an exemption by the county
board. The Indiana board shall issue instructions for completion of the
form. The form and the instructions must be clear, simple, and
understandable to the average individual. A petition for review of such
a determination must be made on the form prescribed by the Indiana
board. The form must require the petitioner to specify the reasons why
the petitioner believes that the assessment determination or the
exemption determination by the county board is erroneous.
(f) If the action for which a taxpayer seeks review under this
section is the assessment of tangible property, the taxpayer is not
required to have an appraisal of the property in order to do the
following:
(1) Initiate the review.
(2) Prosecute the review.
SOURCE: IC 6-1.1-18.5-2; (08)LS6248.3. -->
SECTION 3. IC 6-1.1-18.5-2, AS AMENDED BY P.L.224-2007,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) As used in this section, "Indiana
nonfarm personal income" means the estimate of total nonfarm
personal income for Indiana in a calendar year as computed by the
federal Bureau of Economic Analysis using any actual data for the
calendar year and any estimated data determined appropriate by the
federal Bureau of Economic Analysis.
(b) Subject to subsection (c), for purposes of determining a civil
taxing unit's maximum permissible ad valorem property tax levy for an
ensuing calendar year, the civil taxing unit shall use the assessed value
growth quotient determined in the last STEP of the following STEPS:
STEP ONE: For each of the six (6) calendar years immediately
preceding the year in which a budget is adopted under
IC 6-1.1-17-5 for the ensuing calendar year, divide the Indiana
nonfarm personal income for the calendar year by the Indiana
nonfarm personal income for the calendar year immediately
preceding that calendar year, rounding to the nearest
one-thousandth (0.001).
STEP TWO: Determine the sum of the STEP ONE results.
STEP THREE: Divide the STEP TWO result by six (6), rounding
to the nearest one-thousandth (0.001).
STEP FOUR: Determine the lesser of the following:
(A) The STEP THREE quotient.
(B) One and six-hundredths (1.06).
(c) This subsection applies only to civil taxing units in Lake County.
Notwithstanding any other provision, for property taxes first due and
payable after December 31, 2007, the assessed value growth quotient
used to determine a civil taxing unit's maximum permissible ad
valorem property tax levy under this chapter for a particular calendar
year is zero (0) one (1) unless a tax rate of one percent (1%) will be in
effect under IC 6-3.5-1.1-26 or IC 6-3.5-6-32 in Lake County for that
calendar year.
SOURCE: IC 6-3.5-1.5-1; (08)LS6248.4. -->
SECTION 4. IC 6-3.5-1.5-1, AS ADDED BY P.L.224-2007,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) The department of local government
finance and the department of state revenue shall, before July 1 of each
year, jointly calculate the county adjusted income tax rate or county
option income tax rate (as applicable) that must be imposed in a county
to raise income tax revenue in the following year equal to the sum of
the following STEPS:
STEP ONE: Determine the greater of zero (0) or the result of:
(1) the department of local government finance's estimate of
the sum of the maximum permissible ad valorem property tax
levies calculated under IC 6-1.1-18.5 for all political
subdivisions in the county for the ensuing calendar year
(before any adjustment under IC 6-1.1-18.5-3(g) or
IC 6-1.1-18.5-3(h) for the ensuing calendar year); minus
(2) the sum of the maximum permissible ad valorem property
tax levies calculated under IC 6-1.1-18.5 for all political
subdivisions in the county for the current calendar year.
In the case of a civil taxing unit that is located in more than one
(1) county, the department of local government finance shall, for
purposes of making the determination under this subdivision,
apportion the civil taxing unit's maximum permissible ad valorem
property tax levy among the counties in which the civil taxing unit
is located.
STEP TWO: Determine the greater of zero (0) or the result of:
(1) the department of local government finance's estimate of
the family and children property tax levy that will be imposed
by the county under IC 12-19-7-4 for the ensuing calendar year
(before any adjustment under IC 12-19-7-4(b) for the ensuing
calendar year); minus
(2) the county's family and children property tax levy imposed
by the county under IC 12-19-7-4 for the current calendar year.
STEP THREE: Determine the greater of zero (0) or the result of:
(1) the department of local government finance's estimate of
the children's psychiatric residential treatment services
property tax levy that will be imposed by the county under
IC 12-19-7.5-6 for the ensuing calendar year (before any
adjustment under IC 12-19-7.5-6(b) for the ensuing calendar
year); minus
(2) the children's psychiatric residential treatment services
property tax imposed by the county under IC 12-19-7.5-6 for
the current calendar year.
STEP FOUR: Determine the greater of zero (0) or the result of:
(1) the department of local government finance's estimate of
the county's maximum community mental health centers
property tax levy under IC 12-29-2-2 for the ensuing calendar
year (before any adjustment under IC 12-29-2-2(c) for the
ensuing calendar year); minus
(2) the county's maximum community mental health centers
property tax levy under IC 12-29-2-2 for the current calendar
year.
(b) In the case of a county that wishes to impose a tax rate under
IC 6-3.5-1.1-24 or IC 6-3.5-6-30 (as applicable) for the first time, the
department of local government finance and the department of state
revenue shall jointly estimate the amount that will be calculated under
subsection (a) in the second year after the tax rate is first imposed. The
department of local government finance and the department of state
revenue shall calculate the tax rate under IC 6-3.5-1.1-24 or
IC 6-3.5-6-30 (as applicable) that must be imposed in the county in the
second year after the tax rate is first imposed to raise income tax
revenue equal to the estimate under this subsection.
(c) The department and the department of local government finance
shall make the calculations under subsections (a) and (b) based on the
best information available at the time the calculation is made.
(d) For purposes of calculating a tax rate under this section, the
department of local government shall round up to the nearest one-tenth
of one percent (0.1%).
SOURCE: ; (08)LS6248.5. -->
SECTION 5. P.L.234-2007, SECTION 300, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
300. (a) The definitions in IC 6-1.1-1, IC 6-1.1-20.9, and IC 6-1.1-21
apply throughout this SECTION.
(b) Subject to appropriation of money from the property tax
reduction trust fund for an additional 2007 homestead credit, the
department of local government finance shall calculate and certify to
the department of state revenue and the county auditor of each county
an additional homestead credit amount for property taxes first due and
payable in 2007. The additional homestead credit shall be paid as a
refund as provided in this SECTION for part of the tax liability (as
defined in IC 6-1.1-21-5) imposed on the taxpayer's homestead for the
March 1, 2006, or January 15, 2007, assessment date. The department
of local government finance shall make the certification based on the
best information available at the time the certification is made. Not
later than November 1, 2007, the department of state revenue shall
distribute to the county treasurer of each county the amount certified
for the county under this subsection. The county treasurer shall deposit
the amount distributed in a separate account and use the money only
for the purposes of providing property tax refunds under this
SECTION.
(c) At the same time as the department of local government finance
makes the certification under subsection (b), the department of local
government finance shall certify to the county auditor of each county
the percentage that would apply in each taxing district to provide an
additional 2007 homestead credit to taxpayers in the taxing district.
The county auditor shall use the certified percentage to determine the
amount of the refund due to each taxpayer. The county auditor shall
certify the amount of the refund for each taxpayer to the county
treasurer not later than the December 20, 2007, settlement date.
IC 6-1.1-26 does not apply to a refund granted under this SECTION.
The amount of the refund is equal to the lesser of the following:
(1) The amount of the taxpayer's tax liability (as defined in
IC 6-1.1-21-5) on a homestead for the March 1, 2006, or January
15, 2007, assessment date, after the application of all other
credits.
(2) The additional 2007 homestead credit determined for the
taxpayer.
The department of local government finance, the department of state
revenue, and the property tax replacement fund board shall take the
actions necessary to carry out this SECTION.
(d) A county legislative body may adopt an ordinance providing
that the amount of the refund shall be applied first against any
delinquent property taxes owed in the county by the taxpayer.
(e) The county auditor shall issue a warrant for or authorize
disbursement by electronic transfer of the remainder of the refund. The
refund shall be:
(1) mailed 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; or
(2) transmitted 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.
(e) (f) In addition, the county auditor shall mail to the last known
address of each person liable for any property taxes or special
assessment on each homestead in the county, 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 written explanation
of the refund. The explanation must include the amount of the refund
specified in the following statement in at least 12 point type:
"A portion of your local property taxes due in 2007 are being
refunded due to tax relief provided by the Indiana General
Assembly. Your refund is in the amount of $________ (insert
amount of refund). If you did not receive a check because you pay
your property taxes through an escrow account along with your
mortgage, your lender will receive the refund and should adjust
your payments accordingly.".
(f) (g) Any part of the amount distributed to a county under this
SECTION that is not applied or refunded as provided in this SECTION
shall be transferred to the auditor of state for deposit in the property tax
reduction trust fund.
(g) (h) This SECTION expires January 1, 2009.
SOURCE: ; (08)LS6248.6. -->
SECTION 6. P.L.234-2007, SECTION 301, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
301. (a) The definitions in IC 6-1.1-1, IC 6-1.1-20.9, and IC 6-1.1-21
apply throughout this SECTION.
(b) Subject to appropriation of money from the property tax
reduction trust fund for an additional 2008 homestead credit, the
department of local government finance shall calculate and certify to
the department of state revenue and the county auditor of each county
an additional homestead credit amount for property taxes first due and
payable in 2008. The department of local government finance shall
certify to the county auditor of each county the percentage that will
apply in each taxing district to provide the additional 2008 homestead
credit to taxpayers in the taxing district. The department of local
government finance, the department of state revenue, and the property
tax replacement fund board shall take the actions necessary to apply the
additional 2008 homestead credit under this SECTION.
(c) The additional homestead credit under this SECTION shall
be applied:
(1) before the application of any local property tax
replacement credits provided in a county under
IC 6-3.5-1.1-26(f) or IC 6-3.5-6-32(f) for property taxes first
due and payable in 2008; and
(2) before the application of any increase in the homestead
credit percentage in a county under IC 6-3.5-1.1-26(f) or
IC 6-3.5-6-32(f) for property taxes first due and payable in
2008.
(c) (d) This SECTION expires July 1, 2009.
SOURCE: ; (08)LS6248.7. -->
SECTION 7. [EFFECTIVE UPON PASSAGE] (a) Any action
taken by the department of local government finance before the
effective date of this SECTION to do any of the following with
respect to property taxes first due and payable in 2007 in any
county is legalized and validated:
(1) Halt billing and collection.
(2) Invalidate the certification under IC 6-1.1-17-16(f) of the
department's actions concerning budgets, rates, and levies.
(3) Revise and reissue certifications referred to in subdivision
(2).
(4) Require the preparation and delivery under IC 6-1.1-22-5
of an abstract that is based on the assessed values determined
in a reassessment:
(A) performed by; or
(B) ordered by;
the department of local government finance under IC 6-1.1-4
or IC 6-1.1-14.
(5) Allow payments of installments on dates and in amounts
different from the dates and amounts that applied in an
earlier issuance of tax statements by the county.
(6) Allow the issuance of reconciling property tax statements
to reconcile the payment of different amounts referred to in
subdivision (5) as compared to the amounts finally determined
to be due and payable.
(7) Waive all or part of a penalty under IC 6-1.1-37-10.
(b) The department of local government finance may take any
action listed in subsection (a) on or after the effective date of this
SECTION with respect to property taxes first due and payable in
2007 in any county.
(c) Any action taken before the effective date of this SECTION
by a unit of local government or a public official on behalf of a unit
of local government that:
(1) is in response to; and
(2) is consistent with;
an action of the department of local government finance referred
to in subsection (a) is legalized and validated.
(d) A unit of local government or a public official on behalf of
a unit of local government may take any action on or after the
effective date of this SECTION that:
(1) is in response to; and
(2) is consistent with;
an action of the department of local government finance referred
to in subsection (a) or (b).
SOURCE: ; (08)LS6248.8. -->
SECTION 8. [EFFECTIVE JANUARY 1, 2007 (RETROACTIVE)]
(a) Notwithstanding the deadlines in the following statutes, the
deadline with respect to real property for filing the statement to
apply for a deduction or a credit under any of the following
statutes for property taxes first due and payable in 2008 is October
15, 2007:
(1) IC 6-1.1-12-2(a).
(2) IC 6-1.1-12-10.1(a).
(3) IC 6-1.1-12-12(a).
(4) IC 6-1.1-12-15(a).
(5) IC 6-1.1-12-17.
(6) IC 6-1.1-12-17.5(a).
(7) IC 6-1.1-12-27.1.
(8) IC 6-1.1-12-30.
(9) IC 6-1.1-20.9-3(a).
(b) Notwithstanding the deadline in IC 6-1.1-12-35.5(a), the
deadline with respect to real property for filing the statement
under IC 6-1.1-12-35.5(a) to apply for a deduction or a credit
authorized by either of the following statutes for property taxes
first due and payable in 2008 is October 15, 2007:
(1) IC 6-1.1-12-33.
(2) IC 6-1.1-12-34.
(c) A person entitled to receive a credit under IC 6-1.1-20.9 for
property taxes first due and payable in 2008 under the filing of a
statement as permitted under subsection (a)(9) is entitled to the
standard deduction for that year under IC 6-1.1-12-37 in the same
amount and in the same manner that would have applied if the
person had met the deadline under IC 6-1.1-20.9-3(a) to apply for
the credit for that year.
(d) This SECTION expires January 1, 2009.
SOURCE: ; (08)LS6248.9. -->
SECTION 9. [EFFECTIVE JULY 1, 2007 (RETROACTIVE)]
(a)
Notwithstanding any provision in IC 6-3.5-1.1 (including the
August 1 deadlines applicable under IC 6-3.5-1.1-24(a),
IC 6-3.5-1.1-24(b), IC 6-3.5-1.1-25(i), and IC 6-3.5-1.1-26(e)), a
county council may in 2007 adopt an additional county adjusted
gross income tax rate under IC 6-3.5-1.1-24, IC 6-3.5-1.1-25, or
IC 6-3.5-1.1-26 at any time before January 1, 2008.
(b) Notwithstanding any provision in IC 6-3.5-6 (including the
August 1 deadlines applicable under IC 6-3.5-6-30(a),
IC 6-3.5-6-30(b), IC 6-3.5-6-31(i), and IC 6-3.5-6-32(e)), a county
income tax council or county council, as applicable, may in 2007
adopt an additional county option income tax rate under
IC 6-3.5-6-30, IC 6-3.5-6-31, or IC 6-3.5-6-32 at any time before
January 1, 2008.
(c) An ordinance to impose an additional county adjusted gross
income tax rate under IC 6-3.5-1.1-24, IC 6-3.5-1.1-25, or
IC 6-3.5-1.1-26 or an additional county option income tax rate
under IC 6-3.5-6-30, IC 6-3.5-6-31, or IC 6-3.5-6-32 is legalized and
validated if:
(1) the ordinance was adopted after the August 1 deadline
applicable under IC 6-3.5-1.1-24(a), IC 6-3.5-1.1-24(b),
IC 6-3.5-1.1-25(i), IC 6-3.5-1.1-26(e), IC 6-3.5-6-30(a),
IC 6-3.5-6-30(b), IC 6-3.5-6-31(i), or IC 6-3.5-6-32(e);
(2) the ordinance was adopted before the effective date of this
SECTION; and
(3) except for the requirement that the ordinance be adopted
by the August 1 deadline, the ordinance was adopted as
required by law.
(d) Notwithstanding any provision of IC 6-3.5-1.1 or IC 6-3.5-6,
any additional county adjusted gross income tax rate adopted in
2007 under IC 6-3.5-1.1-24, IC 6-3.5-1.1-25, or IC 6-3.5-1.1-26 and
any additional county option income tax rate adopted in 2007
under IC 6-3.5-6-30, IC 6-3.5-6-31, or IC 6-3.5-6-32 takes effect as
follows:
(1) In the case of an ordinance adopted before October 1,
2007, the tax rate takes effect October 1, 2007.
(2) In the case of an ordinance adopted after September 30,
2007, and before October 16, 2007, the tax rate takes effect
November 1, 2007.
(3) In the case of an ordinance adopted after October 15,
2007, and before November 16, 2007, the tax rate takes effect
December 1, 2007.
(4) In the case of an ordinance adopted after November 15,
2007, and before January 1, 2008, the tax rate takes effect
January 1, 2008.
SOURCE: ; (08)LS6248.10. -->
SECTION 10. [EFFECTIVE UPON PASSAGE] (a) If the balance
available in the property tax reduction trust fund is insufficient to
pay at least one hundred twelve million dollars ($112,000,000) in
the state fiscal year ending June 30, 2008, as additional 2008
homestead credits under P.L.234-2007, SECTION 301, the auditor
of state shall transfer from the state general fund to the property
tax reduction trust fund the difference between one hundred twelve
million dollars ($112,000,000) and the balance available in the
property tax reduction trust fund. The amount necessary to make
the transfer required by this subsection is appropriated from the
state general fund.
(b) If any amounts are transferred to the property tax reduction
trust fund under subsection (a), the auditor of state shall transfer
from the property tax reduction trust fund to the state general
fund the amount necessary to repay the amount transferred to the
property tax reduction trust fund. Any repayment transfers
required by this subsection shall be made according to a schedule
determined by the budget agency. The amount necessary to make
any repayment transfers required by this subsection is
appropriated from the property tax reduction trust fund.
SOURCE: ; (08)LS6248.11. -->
SECTION 11.
An emergency is declared for this act.
COMMITTEE REPORT
Madam President: The Senate Committee on Rules and Legislative
Procedure, to which was referred House Bill No. 1010, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is made to House Bill 1010 as introduced.)