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WITHDRAWN Noes _______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terminated or a statute that has been repealed or amended shall be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.)
________________________________________
MO023919/DI 52 2010