SB 19-17_ Filed 02/26/2008, 07:08 Tyler

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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    I move that Engrossed Senate Bill 19 be amended to read as follows:

SOURCE: Page 70, line 28; (08)MO001932.70. -->     Page 70, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: ; (08)MO001932.56. -->     "SECTION 56. [EFFECTIVE UPON PASSAGE] (a) This SECTION applies to a homestead that would have been entitled to a homestead credit under IC 6-1.1-20.9 for a particular year if an applicant had filed for the homestead credit within the time required under IC 6-1.1-20.9-3 for the credit to apply to the year.
    (b) The definitions in IC 6-1.1-20.9-1 apply throughout this SECTION.
    (c) Notwithstanding IC 6-1.1-20.9 or any other law specifying the date by which an application for a homestead credit under IC 6-1.1-20.9 must be filed to claim a homestead credit for property taxes imposed for a particular assessment date, an individual may before June 11, 2009, file with the county assessor an application for a homestead credit against property taxes imposed on a homestead for an assessment date after January 15, 2004, and before January 16, 2007.
    (d) Notwithstanding any provision of IC 6-1.1-20.9 or any other law, an application for a homestead credit under subsection (c) is considered to be timely filed, and the county auditor shall grant a homestead credit claimed for the assessment date in the application upon the county auditor's determination that:
        (1) the application for a homestead credit satisfies all other applicable requirements; and
        (2) the tangible property that is the subject of the application

was, except for the failure to timely file for a homestead credit, otherwise eligible for the claimed homestead credit.
A homestead credit granted under this SECTION applies to subsequent years to the same extent as if it had been filed under IC 6-1.1-20.9.
    (e) The granting of a homestead credit for a particular year under this SECTION entitles the homestead to any standard deduction under IC 6-1.1-12-37 and any credit under IC 6-1.1-20.6 that was available for the year. However, a homestead credit granted under this SECTION does not entitle the homestead to any additional homestead credit that would have been available for the year under IC 6-1.1-20.4 or IC 6-3.5. The property tax replacement fund board shall settle any underpayment of a distribution under IC 6-1.1-21 related to the homestead credits granted under this SECTION in the manner provided in IC 6-1.1-21-9.
    (f) If an individual or a trust has previously paid the tax liability for tangible property for an assessment date and the property is granted a homestead credit under this SECTION for that assessment date, the county auditor shall issue a refund of the property tax paid by the individual or trust. An individual or trust is not required to apply for any refund due under this SECTION. The county auditor shall, without an appropriation being required, issue a warrant to the individual or trust payable from the county general fund for the amount of the refund, if any, due the entity. No interest is payable on the refund.
    (f) This SECTION expires July 1, 2009.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 19 as printed February 22, 2008.)


Representative Tyler

MO001932/DI 51     2008