SB 239-16_ Filed 02/24/2010, 07:50 Ruppel


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 239 be amended to read as follows:

SOURCE: Page 1, line 1; (10)MO023919.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 6-1.1-3-22; (10)MO023919.1. -->     "SECTION 1. IC 6-1.1-3-22, AS AMENDED BY P.L.245-2003, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2010 (RETROACTIVE)]: Sec. 22. (a) Except to the extent that it conflicts with a statute and subject to subsection (f), 50 IAC 4.2 (as in effect January 1, 2001), which was formerly incorporated by reference into this section, is reinstated as a rule.
    (b) Tangible personal property within the scope of 50 IAC 4.2 (as in effect January 1, 2001) shall be assessed on the assessment dates in calendar years 2003 and thereafter in conformity with 50 IAC 4.2 (as in effect January 1, 2001), except that a minimum valuation may not be applied to the total valuation of a taxpayer's assessable depreciable personal property used for agricultural purposes under 50 IAC 4.2-4-9 (as in effect January 1, 2001) or any similar rule for an assessment date after 2009.
    (c) The publisher of the Indiana Administrative Code shall publish 50 IAC 4.2 (as in effect January 1, 2001) in the Indiana Administrative Code.
    (d) 50 IAC 4.3 and any other rule to the extent that it conflicts with this section is void.
    (e) A reference in 50 IAC 4.2 to a governmental entity that has been terminated or a statute that has been repealed or amended shall be treated as a reference to its successor.
    (f) Except as provided in subsection (g), the department of local government finance may not amend or repeal the following (all as in effect January 1, 2001):
        (1) 50 IAC 4.2-4-3(f).
        (2) 50 IAC 4.2-4-7.
        (3) 50 IAC 4.2-4-9.
        (4) 50 IAC 4.2-5-7.
        (5) 50 IAC 4.2-5-13.
        (6) 50 IAC 4.2-6-1.
        (7) 50 IAC 4.2-6-2.
        (8) 50 IAC 4.2-8-9.
     (g) The department of local government finance may amend 50 IAC 4.2-4-9 (as in effect January 1, 2001) to conform to subsection (b).".
SOURCE: Page 47, line 14; (10)MO023919.47. -->     Page 47, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 6-1.1-20.6-7.5; (10)MO023919.19. -->     "SECTION 19. IC 6-1.1-20.6-7.5, AS ADDED BY P.L.146-2008, SECTION 223, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2010 (RETROACTIVE)]: Sec. 7.5. (a) A person is entitled to a credit against the person's property tax liability for property taxes first due and payable after 2009. The amount of the credit is the amount by which the person's property tax liability:
         (1) for taxes first due and payable in 2010 attributable to the person's:
            (1) (A) homestead exceeds one percent (1%);
            (2) (B) residential property exceeds two percent (2%);
            (3) (C) long term care property exceeds two percent (2%);
            (4) (D) agricultural land exceeds two percent (2%);
            (5) (E) nonresidential real property exceeds three percent (3%); or
            (6) (F) personal property exceeds three percent (3%); or
         (2) for taxes first due and payable after 2010 attributable to the person's:
             (A) homestead exceeds one percent (1%);
            (B) residential property exceeds two percent (2%);
            (C) long term care property exceeds two percent (2%);
            (D) agricultural land exceeds two percent (2%);
            (E) nonresidential real property exceeds three percent (3%);
            (F) agricultural personal property exceeds two percent (2%); or

             (G) nonagricultural personal property exceeds three percent (3%);
of the gross assessed value of the property that is the basis for determination of property taxes for that calendar year.
    (b) This subsection applies to property taxes first due and payable after 2009. Property taxes imposed after being approved by the voters

in a referendum or local public question shall not be considered for purposes of calculating a person's credit under this section.
    (c) This subsection applies to property taxes first due and payable after 2009. As used in this subsection, "eligible county" means only a county for which the general assembly determines in 2008 that limits to property tax liability under this chapter are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units of local government and school corporations in the county by at least twenty percent (20%). Property taxes imposed in an eligible county to pay debt service or make lease payments for bonds or leases issued or entered into before July 1, 2008, shall not be considered for purposes of calculating a person's credit under this section.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 239 as printed February 22, 2010.)

________________________________________

Representative Ruppel


MO023919/DI 52     2010