Reprinted
April 21, 2011
ENGROSSED
HOUSE BILL No. 1244
_____
DIGEST OF HB 1244
(Updated April 20, 2011 11:26 pm - DI 92)
Citations Affected: IC 6-1.1; IC 36-2; IC 36-7; IC 36-8; noncode.
Synopsis: Local government. Defines a contract containing the
required terms as a qualified installment contract under the property tax
credit and deduction laws. Provides that a person who: (1) owns
property subject to taxation; (2) intentionally misrepresents a
residential lease as a qualified installment contract; and (3) through the
person's misrepresentation causes another individual to improperly
claim a deduction that is made available to a buyer under a qualified
installment contract; is liable for any additional taxes that would have
been due on the property if the person had leased the property to the
purported contract buyer, plus a civil penalty equal to 10% of the
additional taxes due. Provides a property tax exemption for certain
property leased to the bureau of motor vehicles or bureau of motor
vehicles commission for the 2010 through 2016 assessment dates.
Provides that an exemption application does not have to be filed
(Continued next page)
Effective: Upon passage; January 1, 2008 (retroactive); January 1,
2010 (retroactive); March 1, 2011 (retroactive); July 1, 2011.
Friend
, Moseley
(SENATE SPONSORS _ HEAD, CHARBONNEAU, BRODEN)
January 12, 2011, read first time and referred to Committee on Local Government.
January 31, 2011, amended, reported _ Do Pass.
February 7, 2011, read second time, ordered engrossed.
February 8, 2011, engrossed. Read third time, passed. Yeas 95, nays 0.
SENATE ACTION
February 17, 2011, read first time and referred to Committee on Appropriations.
April 14, 2011, amended, reported favorably _ Do Pass.
April 19, 2011, read second time, amended, ordered engrossed. Returned to second
reading.
April 20, 2011, engrossed. Re-read second time, amended, ordered engrossed.
Digest Continued
annually to continue the exemption through the 2016 assessment date.
Provides that the property tax exemption for fraternity or sorority
property applies to property used for administrative purposes, including
property owned by a national or international headquarters, fraternity
or sorority foundations, and housing corporations. Specifies that the
exemption applies only if the property is owned by a fraternity or
sorority (or a national or international headquarters, foundation, or
housing corporation related to a fraternity or sorority) that is exempt
from federal income taxation under Section 501(c)(3) or Section
501(c)(7) of the Internal Revenue Code. Deletes from current law the
requirement that property may qualify for the exemption only if the
property is used exclusively by the fraternity or sorority to carry out its
purposes. Specifies the terms that a contract for the purchase of real
property must include to qualify the buyer for certain property tax
deductions. Caps the property tax rate and property tax levy that an
excluded city may impose to fund the operations of a public safety
answering point (PSAP) that is exempt from the maximum number of
PSAPs that may be operated in a county. Provides that a county
auditor's notice of a tax sale is not to state that the person redeeming
real property after the sale is required to pay the amount by which the
sales price exceeded the minimum bid. Revises the language of the
written statement that a bidder on property at a tax sale must sign
(which concerns the bidder's bid being applied to delinquent taxes
owed by the bidder) so as to make that statement consistent with the
redemption requirements of the law. Eliminates a provision that applied
only to tax sale property that was offered in 2006 and found to be
brownfield property. Provides that a person redeeming tax sale property
where a certificate of sale has been sold must pay 110% of the amount
of the minimum bid (rather than the amount of the minimum bid, under
current law) for which the property was last offered for sale. Adds a
provision requiring a person redeeming tax sale property where a
certificate of sale has been sold to also pay 10% per annum on the
amount by which the purchase price of the property exceeded the
minimum bid. Provides that when a person who purchases real property
at a tax sale fails to pay the bid: (1) the county treasurer or the county
prosecutor (rather than only the county prosecutor, under current law)
must initiate an action to recover the civil penalty; (2) the suit must be
initiated in the name of the county and not the treasurer of state; and (3)
the person may be found liable for treble damages, costs, and
reasonable attorney's fees. Provides that an owner, to redeem tax sale
property, must pay 10% per annum on the amount by which the
purchase price of the property exceeded the minimum bid but is not
required to pay the amount by which the purchase price of the property
exceeded the minimum bid. Applies statewide the authority that
currently applies only in Lake County allowing the county auditor to
remove real property from a tax sale if the county treasurer and the
taxpayer agree to a mutually satisfactory arrangement for the payment
of the delinquent taxes. Establishes a period during which a taxpayer
who fails to make a payment under the delinquent property tax payment
arrangement may not enter into another arrangement. Allows the
county treasurer to extend the tax sale redemption period applicable to
a homestead if the county treasurer and the taxpayer agree to an
arrangement for payment of the amount required for redemption before
the expiration of the extended redemption period. Provides for
cancellation of the agreement and the extension if the taxpayer fails to
meet the terms of the agreement. Provides that the total amount
required for redemption includes all taxes, special assessments,
penalties, and fees on property that accrued after the tax sale. Provides
that a redevelopment commission may not enter into any obligation
payable from public funds without first obtaining the approval, by
ordinance or resolution, of the legislative body of the unit. Provides an
exception if the obligation is for the acquisition of real property and the
(Continued next page)
Digest Continued
agreement to acquire the real property requires the redevelopment
commission to either: (1) make payments for the real property for a
term of less than three years; or (2) purchase the real property for a cost
of less than $5,000,000. Specifies that the approving ordinance or
resolution of a legislative body must include the following: (1) The
maximum amount of the obligation or the maximum amount of the
lease rental for the lease. (2) The maximum interest rate, any provisions
for redemption prior to maturity, and any provisions for the payment of
capitalized interest associated with the obligation or lease. (3) The
maximum term of the obligation or lease. Provides that any agreement
by a redevelopment commission to: (1) make payments for the property
to be purchased over a term exceeding three years; or (2) pay a
purchase price for the property that exceeds $5,000,000; is subject to
the approval of the legislative body of the unit. Provides that a
redevelopment commission and a department of redevelopment are
subject to the oversight of the legislative body of the unit, including
review by the legislative body of annual budgets. Specifies that a
redevelopment commission and a department of redevelopment are
subject to the same laws, rules, and ordinances of a general nature that
apply to all other commissions or departments of the unit. Requires a
redevelopment commission to provide to the legislative body of the
unit at a public meeting all the information supporting the action the
redevelopment commission proposes to take regarding the sale,
transfer, or other disposition of property. Requires a redevelopment
commission to obtain the approval of the legislative body of the unit if
the amount of excess assessed value determined by the commission is
expected to generate more than 200% of the amount of allocated tax
proceeds necessary to carry out the redevelopment or economic
development plan. Provides that the legislative body of the unit may
modify the commission's determination with respect to the amount of
excess assessed value that exceeds 200% of the amount of allocated tax
proceeds necessary to carry out the redevelopment or economic
development plan. Requires the treasurer of a redevelopment
commission outside Indianapolis and the secretary-treasurer of a
redevelopment authority outside Indianapolis to report quarterly to the
fiscal officer of the unit that established the commission or authority.
Provides that the Indianapolis controller is the fiscal officer of the
redevelopment commission and redevelopment authority in
Indianapolis. Authorizes the Indianapolis controller to obtain financial
services on a contractual basis. Specifies that a county executive may
not submit an application for certain grants unless the application is
first approved by resolution of the county council. Provides that this
requirement does not apply to Marion County. Provides for the
retroactive application of a property tax exemption to a taxpayer that
owns real and personal property used as part of or in connection with
a men's cooperative house. Provides for a two year property tax
exemption for the property of the Marion County Medical Society
(which provides services to its members as the Indianapolis Medical
Society) and similarly situated medical societies. Provides a property
tax exemption for property taxes due in 2009, 2010, and 2011 for an
organization in Marion County that is dedicated to providing services
to the community and that failed to timely file an application for those
years, if the organization was entitled to an exemption in 2007 for the
same property. Provides a property tax exemption for 2010 and 2011for
property owned by a nonprofit corporation and used as a center for the
arts and for which an exemption was granted before 2010. Requires the
commission on state tax and financing policy to study issues
concerning standards for determining when a cooperative housing
corporation is eligible for a property tax standard deduction or a
property tax circuit breaker credit.
Reprinted
April 21, 2011
First Regular Session 117th General Assembly (2011)
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 2010 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1244
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-1-14.5; (11)EH1244.3.1. -->
SECTION 1. IC 6-1.1-1-14.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 14.5. (a) "Qualified installment
contract" means the following:
(1) A contract for the purchase of real property that complies
with each of the requirements in subsection (b).
(2) A contract for:
(A) the purchase of a mobile home not assessed as real
property; or
(B) a manufactured home that is not assessed as real
property;
that complies with each of the requirements in subsection (c).
(b) A contract for the purchase of real property is a qualified
installment contract if the contract complies with each of the
following requirements:
(1) The contract or a memorandum of the contract is
recorded in the county recorder's office of the county in which
the real property is located.
(2) The contract requires the buyer to pay the property taxes
on the real property.
(3) The contract specifies the total contract price.
(4) The contract requires the seller to issue a deed or other
evidence of title to the buyer upon the buyer's payment of the
total contract price.
(c) A contract for the purchase of a mobile home not assessed as
real property or a manufactured home that is not assessed as real
property is a qualified installment contract if the contract complies
with each of the following requirements:
(1) The contract or a memorandum of the contract is
recorded with the county recorder's office of the county in
which the mobile home or manufactured home is located.
(2) The contract requires the buyer to pay the property taxes
on the mobile home or manufactured home.
SOURCE: IC 6-1.1-10-24; (11)EH1244.3.2. -->
SECTION 2. IC 6-1.1-10-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 24. (a) Subject to the limitations contained in subsection (b) of this
section, the following tangible property is exempt from property
taxation if it is owned by a fraternity or sorority
that is exempt from
federal income taxation under Section 501(c)(3) or Section
501(c)(7) of the Internal Revenue Code:
(1) a tract of land;
not exceeding one (1) acre;
(2) the improvements situated on the tract of land; and
(3) all personal property.
(b) This exemption does not apply unless:
(1) the fraternity or sorority is connected with
or related to, and
under the supervision of, a college, university, or other
educational institution;
and or
(2) the property is used
exclusively by the fraternity or sorority to
carry out its purpose,
including as an international, national,
state, or local headquarters or to support the administrative,
executive, or other functions associated with the operation of
a fraternity or sorority.
(c) For purposes of this section, "fraternity or sorority"
includes:
(1) a fraternity or sorority that is connected with or related to,
and under the supervision of, a college, university, or other
educational institution;
(2) an international, national, state, or local fraternity or
sorority that administers, coordinates, operates, or governs
fraternity or sorority chapters, units, divisions, or other
groups or group members that are connected with or related
to, and under the supervision of, a college, university, or other
educational institution;
(3) a foundation related to a fraternity or sorority; or
(4) a housing corporation or similar entity related to a
fraternity or sorority.
(d) To qualify for the exemption allowed by this section, the
property may be owned, occupied, or used by more than one (1)
fraternity or sorority, as long as the property is used to carry out
the purposes of fraternities or sororities.
SOURCE: IC 6-1.1-11-4; (11)EH1244.3.3. -->
SECTION 3. IC 6-1.1-11-4, AS AMENDED BY P.L.182-2009(ss),
SECTION 107, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]: Sec. 4. (a) The
exemption application referred to in section 3 of this chapter is not
required if the exempt property is owned by the United States, the state,
an agency of this state, or a political subdivision (as defined in
IC 36-1-2-13). However, this subsection applies only when the property
is used, and in the case of real property occupied, by the owner.
(b) The exemption application referred to in section 3 of this chapter
is not required if the exempt property is a cemetery:
(1) described by IC 6-1.1-2-7; or
(2) maintained by a township executive under IC 23-14-68.
(c) The exemption application referred to in section 3 of this chapter
is not required if the exempt property is owned by the bureau of motor
vehicles commission established under IC 9-15-1.
(d) The exemption application referred to in section 3 or 3.5 of this
chapter is not required if:
(1) the exempt property is:
(A) tangible property used for religious purposes described in
IC 6-1.1-10-21;
(B) tangible property owned by a church or religious society
used for educational purposes described in IC 6-1.1-10-16;
or
(C) other tangible property owned, occupied, and used by a
person for educational, literary, scientific, religious, or
charitable purposes described in IC 6-1.1-10-16;
or
(D) other tangible property owned by a fraternity or
sorority (as defined in IC 6-1.1-10-24).
(2) the exemption application referred to in section 3 or 3.5 of this
chapter was filed properly at least once for a religious use under
IC 6-1.1-10-21,
or an educational, literary, scientific, religious, or
charitable use under IC 6-1.1-10-16,
or use by a fraternity or
sorority under IC 6-1.1-10-24; and
(3) the property continues to meet the requirements for an
exemption under IC 6-1.1-10-16, or IC 6-1.1-10-21, or
IC 6-1.1-10-24.
A change in ownership of property does not terminate an exemption of
the property if after the change in ownership the property continues to
meet the requirements for an exemption under IC 6-1.1-10-16, or
IC 6-1.1-10-21, or IC 6-1.1-10-24. However, if title to any of the real
property subject to the exemption changes or any of the tangible
property subject to the exemption is used for a nonexempt purpose after
the date of the last properly filed exemption application, the person that
obtained the exemption or the current owner of the property shall notify
the county assessor for the county where the tangible property is
located of the change in the year that the change occurs. The notice
must be in the form prescribed by the department of local government
finance. If the county assessor discovers that title to property granted
an exemption described in IC 6-1.1-10-16, or IC 6-1.1-10-21, or
IC 6-1.1-10-24 has changed, the county assessor shall notify the
persons entitled to a tax statement under IC 6-1.1-22-8.1 for the
property of the change in title and indicate that the county auditor will
suspend the exemption for the property until the persons provide the
county assessor with an affidavit, signed under penalties of perjury, that
identifies the new owners of the property and indicates that the
property continues to meet the requirements for an exemption under
IC 6-1.1-10-21, or IC 6-1.1-10-16, or IC 6-1.1-10-24. Upon receipt of
the affidavit, the county assessor shall reinstate the exemption for the
years for which the exemption was suspended and each year thereafter
that the property continues to meet the requirements for an exemption
under IC 6-1.1-10-21, or IC 6-1.1-10-16, or IC 6-1.1-10-24.
SOURCE: IC 6-1.1-11-4.5; (11)EH1244.3.4. -->
SECTION 4. IC 6-1.1-11-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies to
a taxpayer notwithstanding this chapter or any other law or
administrative rule or provision.
(b) This section applies to an assessment date, as defined in
IC 6-1.1-1-2, occurring in 2010 through 2016, and is referred to in
this section as the "applicable assessment date".
(c) As used in this section, "taxpayer" refers to a person, as
defined in IC 6-1.1-1-10, that:
(1) leases real property to the bureau of motor vehicles or the
bureau of motor vehicles commission as of an applicable
assessment date; and
(2) filed or refiled after January 15, 2010, and before January
25, 2010, in a manner consistent with IC 6-1.1-36-1.5, a Form
136 property tax exemption application, along with any
supporting documents, schedules, or attachments, claiming an
exemption from real property taxes under IC 36-1-10-18 for
property leased to the bureau of motor vehicles or bureau of
motor vehicles commission for an assessment date that is
before 2010.
(d) If the real property identified in the Form 136 property tax
exemption application referred to in subsection (c)(2) at any time
received a full or partial exemption from real property taxes for an
assessment date that is before an applicable assessment date, the
taxpayer is entitled to an exemption from real property taxes for
each applicable assessment date for all property leased to the
bureau of motor vehicles or bureau of motor vehicles commission
for that applicable assessment date. The taxpayer is not required
to pay property taxes, penalties, or interest with respect to the
exempt property.
(e) The exemption allowed by this section shall be applied by the
auditor of the county in which the real property exempt under this
section is located without the taxpayer having to annually file or
refile an exemption application under section 3 of this chapter.
(f) The part of the real property that is exempt under this
section shall be based on the square footage of the real property
leased to the bureau of motor vehicles or bureau of motor vehicles
commission. The county auditor may request from the taxpayer
information that is reasonably necessary to demonstrate:
(1) that the real property is leased to the bureau of motor
vehicles or bureau of motor vehicles commission as of a
particular applicable assessment date; and
(2) the appropriate exemption percentage.
The auditor of the county in which the real property exempt under
this section is located shall apply the same exemption percentage
to both the land and improvements owned by the taxpayer.
(g) The county assessor or the property tax assessment board of
appeals of the county in which the real property exempt under this
section is located may not exercise any authority over the
exemption and may not disapprove the exemption. The exemption
allowed by this section applies regardless of whether the property
tax assessment board of appeals of the county in which the
property exempt under this section is located has previously denied
the exemption for an applicable assessment date.
(h) This section expires January 1, 2018.
SOURCE: IC 6-1.1-12-1; (11)EH1244.3.5. -->
SECTION 5. IC 6-1.1-12-1, AS AMENDED BY P.L.81-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) Each year a person who is a resident of this
state may receive a deduction from the assessed value of:
(1) mortgaged real property, an installment loan financed mobile
home that is not assessed as real property, or an installment loan
financed manufactured home that is not assessed as real property,
with the mortgage or installment loan instrument recorded with
the county recorder's office, that the person owns;
(2) real property, a mobile home that is not assessed as real
property, or a manufactured home that is not assessed as real
property that the person is buying under a qualified installment
contract; with the contract or a memorandum of the contract
recorded in the county recorder's office, which provides that the
person is to pay the property taxes on the real property, mobile
home, or manufactured home; or
(3) real property, a mobile home that is not assessed as real
property, or a manufactured home that the person owns or is
buying on a qualified installment contract described in
subdivision (2) on which the person has a home equity line of
credit that is recorded in the county recorder's office.
(b) Except as provided in section 40.5 of this chapter, the total
amount of the deduction which the person may receive under this
section for a particular year is:
(1) the balance of the mortgage or contract indebtedness
(including a home equity line of credit) on the assessment date of
that year;
(2) one-half (1/2) of the assessed value of the real property,
mobile home, or manufactured home; or
(3) three thousand dollars ($3,000);
whichever is least.
(c) A person who has sold real property, a mobile home not assessed
as real property, or a manufactured home not assessed as real property
to another person under a qualified installment contract which
provides that the contract buyer is to pay the property taxes on the real
property, mobile home, or manufactured home may not claim the
deduction provided under this section with respect to that real property,
mobile home, or manufactured home.
(d) The person must:
(1) own the real property, mobile home, or manufactured home;
or
(2) be buying the real property, mobile home, or manufactured
home under a qualified installment contract;
on the date the statement is filed under section 2 of this chapter.
SOURCE: IC 6-1.1-12-2; (11)EH1244.3.6. -->
SECTION 6. IC 6-1.1-12-2, AS AMENDED BY P.L.81-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. (a) Except as provided in section 17.8 of this
chapter and subject to section 45 of this chapter, for a person to qualify
for the deduction provided by section 1 of this chapter a statement must
be filed under subsection (b) or (c). Regardless of the manner in which
a statement is filed, the mortgage,
qualified installment contract, or
memorandum (including a home equity line of credit) must be recorded
with the county recorder's office to qualify for a deduction under
section 1 of this chapter.
(b) Subject to subsection (c), to apply for the deduction under
section 1 of this chapter with respect to real property, the person
recording the mortgage, home equity line of credit,
qualified
installment contract, or memorandum of the contract with the county
recorder may file a written statement with the county recorder
containing the information described in subsection (e)(1), (e)(2), (e)(3),
(e)(4), (e)(6), (e)(7), and (e)(8). The statement must be prepared on the
form prescribed by the department of local government finance and be
signed by the property owner or contract purchaser under the penalties
of perjury. The form must have a place for the county recorder to insert
the record number and page where the mortgage, home equity line of
credit,
qualified installment contract, or memorandum of the contract
is recorded. Upon receipt of the form and the recording of the
mortgage, home equity line of credit,
qualified installment contract,
or memorandum of the contract, the county recorder shall insert on the
form the record number and page where the mortgage, home equity line
of credit,
qualified installment contract, or memorandum of the
contract is recorded and forward the completed form to the county
auditor. The county recorder may not impose a charge for the county
recorder's duties under this subsection. The statement must be
completed and dated in the calendar year for which the person wishes
to obtain the deduction and filed with the county recorder on or before
January 5 of the immediately succeeding calendar year.
(c) With respect to:
(1) real property as an alternative to a filing under subsection (b);
or
(2) a mobile home that is not assessed as real property or a
manufactured home that is not assessed as real property;
to apply for a deduction under section 1 of this chapter, a person who
desires to claim the deduction may file a statement in duplicate, on
forms prescribed by the department of local government finance, with
the auditor of the county in which the real property, mobile home not
assessed as real property, or manufactured home not assessed as real
property is located. With respect to real property the statement must be
completed and dated in the calendar year for which the person wishes
to obtain the deduction and filed with the county auditor on or before
January 5 of the immediately succeeding calendar year. With respect
to a mobile home that is not assessed as real property or a
manufactured home that is not assessed as real property, the statement
must be filed during the twelve (12) months before March 31 of each
year for which the individual wishes to obtain the deduction. The
statement may be filed in person or by mail. If mailed, the mailing must
be postmarked on or before the last day for filing. In addition to the
statement required by this subsection, a contract buyer who desires to
claim the deduction must submit a copy of the recorded qualified
installment contract or recorded memorandum of the contract, which
must contain a legal description sufficient to meet the requirements of
IC 6-1.1-5, with the first statement that the buyer files under this
section with respect to a particular parcel of real property.
(d) Upon receipt of:
(1) the statement under subsection (b); or
(2) the statement under subsection (c) and the recorded qualified
installment contract or recorded memorandum of the contract;
the county auditor shall assign a separate description and identification
number to the parcel of real property being sold under the qualified
installment contract.
(e) The statement referred to in subsections (b) and (c) must be
verified under penalties for perjury. The statement must contain the
following information:
(1) The balance of the person's mortgage, home equity line of
credit, or qualified installment contract indebtedness that is
recorded in the county recorder's office on the assessment date of
the year for which the deduction is claimed.
(2) The assessed value of the real property, mobile home, or
manufactured home.
(3) The full name and complete residence address of the person
and of the mortgagee or contract seller.
(4) The name and residence of any assignee or bona fide owner or
holder of the mortgage, home equity line of credit, or qualified
installment contract, if known, and if not known, the person shall
state that fact.
(5) The record number and page where the mortgage,
qualified
installment contract, or memorandum of the contract is recorded.
(6) A brief description of the real property, mobile home, or
manufactured home which is encumbered by the mortgage or
home equity line of credit or sold under the
qualified installment
contract.
(7) If the person is not the sole legal or equitable owner of the real
property, mobile home, or manufactured home, the exact share of
the person's interest in it.
(8) The name of any other county in which the person has applied
for a deduction under this section and the amount of deduction
claimed in that application.
(f) The authority for signing a deduction application filed under this
section may not be delegated by the real property, mobile home, or
manufactured home owner or contract buyer to any person except upon
an executed power of attorney. The power of attorney may be contained
in the recorded mortgage,
qualified installment contract, or
memorandum of the contract, or in a separate instrument.
(g) A closing agent (as defined in section 43(a)(2) of this chapter)
is not liable for any damages claimed by the property owner or contract
purchaser because of:
(1) the closing agent's failure to provide the written statement
described in subsection (b);
(2) the closing agent's failure to file the written statement
described in subsection (b);
(3) any omission or inaccuracy in the written statement described
in subsection (b) that is filed with the county recorder by the
closing agent; or
(4) any determination made with respect to a property owner's or
contract purchaser's eligibility for the deduction under section 1
of this chapter.
(h) The county recorder may not refuse to record a mortgage,
qualified installment contract, or memorandum because the written
statement described in subsection (b):
(1) is not included with the mortgage, home equity line of credit,
qualified installment contract, or memorandum of the contract;
(2) does not contain the signatures required by subsection (b);
(3) does not contain the information described in subsection (e);
or
(4) is otherwise incomplete or inaccurate.
(i) The form prescribed by the department of local government
finance under subsection (b) and the instructions for the form must
both include a statement:
(1) that explains that a person is not entitled to a deduction under
section 1 of this chapter unless the person has a balance on the
person's mortgage or contract indebtedness that is recorded in the
county recorder's office (including any home equity line of credit
that is recorded in the county recorder's office) that is the basis for
the deduction; and
(2) that specifies the penalties for perjury.
(j) The department of local government finance shall develop a
notice:
(1) that must be displayed in a place accessible to the public in
the office of each county auditor;
(2) that includes the information described in subsection (i); and
(3) that explains that the form prescribed by the department of
local government finance to claim the deduction under section 1
of this chapter must be signed by the property owner or contract
purchaser under the penalties of perjury.
SOURCE: IC 6-1.1-12-9; (11)EH1244.3.7. -->
SECTION 7. IC 6-1.1-12-9, AS AMENDED BY P.L.113-2010,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 9. (a) An individual may obtain a deduction from
the assessed value of the individual's real property, or mobile home or
manufactured home which is not assessed as real property, if:
(1) the individual is at least sixty-five (65) years of age on or
before December 31 of the calendar year preceding the year in
which the deduction is claimed;
(2) the combined adjusted gross income (as defined in Section 62
of the Internal Revenue Code) of:
(A) the individual and the individual's spouse; or
(B) the individual and all other individuals with whom:
(i) the individual shares ownership; or
(ii) the individual is purchasing the property under a
contract;
as joint tenants or tenants in common;
for the calendar year preceding the year in which the deduction is
claimed did not exceed twenty-five thousand dollars ($25,000);
(3) the individual has owned the real property, mobile home, or
manufactured home for at least one (1) year before claiming the
deduction; or the individual has been buying the real property,
mobile home, or manufactured home under a
qualified
installment contract that provides that the individual is to pay the
property taxes on the real property, mobile home, or manufactured
home for at least one (1) year before claiming the deduction, and
the contract or a memorandum of the contract is recorded in the
county recorder's office;
(4) the individual and any individuals covered by subdivision
(2)(B) reside on the real property, mobile home, or manufactured
home;
(5) the assessed value of the real property, mobile home, or
manufactured home does not exceed one hundred eighty-two
thousand four hundred thirty dollars ($182,430);
(6) the individual receives no other property tax deduction for the
year in which the deduction is claimed, except the deductions
provided by sections 1, 37, (for assessment dates after February
28, 2008) 37.5, and 38 of this chapter; and
(7) the person:
(A) owns the real property, mobile home, or manufactured
home; or
(B) is buying the real property, mobile home, or manufactured
home under a qualified installment contract;
on the date the statement required by section 10.1 of this chapter
is filed.
(b) Except as provided in subsection (h), in the case of real property,
an individual's deduction under this section equals the lesser of:
(1) one-half (1/2) of the assessed value of the real property; or
(2) twelve thousand four hundred eighty dollars ($12,480).
(c) Except as provided in subsection (h) and section 40.5 of this
chapter, in the case of a mobile home that is not assessed as real
property or a manufactured home which is not assessed as real
property, an individual's deduction under this section equals the lesser
of:
(1) one-half (1/2) of the assessed value of the mobile home or
manufactured home; or
(2) twelve thousand four hundred eighty dollars ($12,480).
(d) An individual may not be denied the deduction provided under
this section because the individual is absent from the real property,
mobile home, or manufactured home while in a nursing home or
hospital.
(e) For purposes of this section, if real property, a mobile home, or
a manufactured home is owned by:
(1) tenants by the entirety;
(2) joint tenants; or
(3) tenants in common;
only one (1) deduction may be allowed. However, the age requirement
is satisfied if any one (1) of the tenants is at least sixty-five (65) years
of age.
(f) A surviving spouse is entitled to the deduction provided by this
section if:
(1) the surviving spouse is at least sixty (60) years of age on or
before December 31 of the calendar year preceding the year in
which the deduction is claimed;
(2) the surviving spouse's deceased husband or wife was at least
sixty-five (65) years of age at the time of a death;
(3) the surviving spouse has not remarried; and
(4) the surviving spouse satisfies the requirements prescribed in
subsection (a)(2) through (a)(7).
(g) An individual who has sold real property to another person
under a qualified installment contract that provides that the contract
buyer is to pay the property taxes on the real property may not claim
the deduction provided under this section against that real property.
(h) In the case of tenants covered by subsection (a)(2)(B), if all of
the tenants are not at least sixty-five (65) years of age, the deduction
allowed under this section shall be reduced by an amount equal to the
deduction multiplied by a fraction. The numerator of the fraction is the
number of tenants who are not at least sixty-five (65) years of age, and
the denominator is the total number of tenants.
SOURCE: IC 6-1.1-12-10.1; (11)EH1244.3.8. -->
SECTION 8. IC 6-1.1-12-10.1, AS AMENDED BY P.L.144-2008,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 10.1. (a) Except as provided in section 17.8 of this
chapter and subject to section 45 of this chapter, an individual who
desires to claim the deduction provided by section 9 of this chapter
must file a sworn statement, on forms prescribed by the department of
local government finance, with the auditor of the county in which the
real property, mobile home, or manufactured home is located. With
respect to real property, the statement must be filed during the year for
which the individual wishes to obtain the deduction. With respect to a
mobile home that is not assessed as real property or a manufactured
home that is not assessed as real property, the statement must be filed
during the twelve (12) months before March 31 of each year for which
the individual wishes to obtain the deduction. The statement may be
filed in person or by mail. If mailed, the mailing must be postmarked
on or before the last day for filing.
(b) The statement referred to in subsection (a) shall be in affidavit
form or require verification under penalties of perjury. The statement
must be filed in duplicate if the applicant owns, or is buying under a
contract, real property, a mobile home, or a manufactured home subject
to assessment in more than one (1) county or in more than one (1)
taxing district in the same county. The statement shall contain:
(1) the source and exact amount of gross income received by the
individual and the individual's spouse during the preceding
calendar year;
(2) the description and assessed value of the real property, mobile
home, or manufactured home;
(3) the individual's full name and complete residence address;
(4) the record number and page where the contract or
memorandum of the contract is recorded if the individual is
buying the real property, mobile home, or manufactured home on
a qualified installment contract; and
(5) any additional information which the department of local
government finance may require.
(c) In order to substantiate the deduction statement, the applicant
shall submit for inspection by the county auditor a copy of the
applicant's and a copy of the applicant's spouse's income tax returns for
the preceding calendar year. If either was not required to file an income
tax return, the applicant shall subscribe to that fact in the deduction
statement.
SOURCE: IC 6-1.1-12-11; (11)EH1244.3.9. -->
SECTION 9. IC 6-1.1-12-11, AS AMENDED BY P.L.1-2010,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 11. (a) Except as provided in section 40.5 of this
chapter, an individual may have the sum of twelve thousand four
hundred eighty dollars ($12,480) deducted from the assessed value of
real property, mobile home not assessed as real property, or
manufactured home not assessed as real property that the individual
owns, or that the individual is buying under a
qualified installment
contract
that provides that the individual is to pay property taxes on the
real property, mobile home, or manufactured home, if the contract or
a memorandum of the contract is recorded in the county recorder's
office, and if:
(1) the individual is blind or the individual has a disability;
(2) the real property, mobile home, or manufactured home is
principally used and occupied by the individual as the individual's
residence;
(3) the individual's taxable gross income for the calendar year
preceding the year in which the deduction is claimed did not
exceed seventeen thousand dollars ($17,000); and
(4) the individual:
(A) owns the real property, mobile home, or manufactured
home; or
(B) is buying the real property, mobile home, or manufactured
home under a qualified installment contract;
on the date the statement required by section 12 of this chapter is
filed.
(b) For purposes of this section, taxable gross income does not
include income which is not taxed under the federal income tax laws.
(c) For purposes of this section, "blind" has the same meaning as the
definition contained in IC 12-7-2-21(1).
(d) For purposes of this section, "individual with a disability" means
a person unable to engage in any substantial gainful activity by reason
of a medically determinable physical or mental impairment which:
(1) can be expected to result in death; or
(2) has lasted or can be expected to last for a continuous period of
not less than twelve (12) months.
(e) An individual with a disability filing a claim under this section
shall submit proof of disability in such form and manner as the
department shall by rule prescribe. Proof that a claimant is eligible to
receive disability benefits under the federal Social Security Act (42
U.S.C. 301 et seq.) shall constitute proof of disability for purposes of
this section.
(f) An individual with a disability not covered under the federal
Social Security Act shall be examined by a physician and the
individual's status as an individual with a disability determined by
using the same standards as used by the Social Security Administration.
The costs of this examination shall be borne by the claimant.
(g) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a qualified installment contract that
provides that the contract buyer is to pay the property taxes on the real
property, mobile home, or manufactured home may not claim the
deduction provided under this section against that real property, mobile
home, or manufactured home.
SOURCE: IC 6-1.1-12-12; (11)EH1244.3.10. -->
SECTION 10. IC 6-1.1-12-12, AS AMENDED BY P.L.1-2009,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. (a) Except as provided in section 17.8 of this
chapter and subject to section 45 of this chapter, a person who desires
to claim the deduction provided in section 11 of this chapter must file
an application, on forms prescribed by the department of local
government finance, with the auditor of the county in which the real
property, mobile home not assessed as real property, or manufactured
home not assessed as real property is located. With respect to real
property, the application must be filed during the year for which the
individual wishes to obtain the deduction. With respect to a mobile
home that is not assessed as real property or a manufactured home that
is not assessed as real property, the application must be filed during the
twelve (12) months before March 31 of each year for which the
individual wishes to obtain the deduction. The application may be filed
in person or by mail. If mailed, the mailing must be postmarked on or
before the last day for filing.
(b) Proof of blindness may be supported by:
(1) the records of the division of family resources or the division
of disability and rehabilitative services; or
(2) the written statement of a physician who is licensed by this
state and skilled in the diseases of the eye or of a licensed
optometrist.
(c) The application required by this section must contain the record
number and page where the qualified installment contract or
memorandum of the contract is recorded if the individual is buying the
real property, mobile home, or manufactured home on a qualified
installment contract. that provides that the individual is to pay property
taxes on the real property, mobile home, or manufactured home.
SOURCE: IC 6-1.1-12-13; (11)EH1244.3.11. -->
SECTION 11. IC 6-1.1-12-13, AS AMENDED BY P.L.1-2010,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 13. (a) Except as provided in section 40.5 of this
chapter an individual may have twenty-four thousand nine hundred
sixty dollars ($24,960) deducted from the assessed value of the taxable
tangible property that the individual owns, or real property, a mobile
home not assessed as real property, or a manufactured home not
assessed as real property that the individual is buying under a
qualified
installment contract
that provides that the individual is to pay property
taxes on the real property, mobile home, or manufactured home, if the
contract or a memorandum of the contract is recorded in the county
recorder's office and if:
(1) the individual served in the military or naval forces of the
United States during any of its wars;
(2) the individual received an honorable discharge;
(3) the individual has a disability with a service connected
disability of ten percent (10%) or more;
(4) the individual's disability is evidenced by:
(A) a pension certificate, an award of compensation, or a
disability compensation check issued by the United States
Department of Veterans Affairs; or
(B) a certificate of eligibility issued to the individual by the
Indiana department of veterans' affairs after the Indiana
department of veterans' affairs has determined that the
individual's disability qualifies the individual to receive a
deduction under this section; and
(5) the individual:
(A) owns the real property, mobile home, or manufactured
home; or
(B) is buying the real property, mobile home, or manufactured
home under a qualified installment contract;
on the date the statement required by section 15 of this chapter is
filed.
(b) The surviving spouse of an individual may receive the deduction
provided by this section if the individual would qualify for the
deduction if the individual were alive.
(c) One who receives the deduction provided by this section may not
receive the deduction provided by section 16 of this chapter. However,
the individual may receive any other property tax deduction which the
individual is entitled to by law.
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a qualified installment contract that
provides that the contract buyer is to pay the property taxes on the real
property, mobile home, or manufactured home may not claim the
deduction provided under this section against that real property, mobile
home, or manufactured home.
SOURCE: IC 6-1.1-12-14; (11)EH1244.3.12. -->
SECTION 12. IC 6-1.1-12-14, AS AMENDED BY P.L.1-2009,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 14. (a) Except as provided in subsection (c) and
except as provided in section 40.5 of this chapter, an individual may
have the sum of twelve thousand four hundred eighty dollars ($12,480)
deducted from the assessed value of the tangible property that the
individual owns (or the real property, mobile home not assessed as real
property, or manufactured home not assessed as real property that the
individual is buying under a
qualified installment contract)
that
provides that the individual is to pay property taxes on the real
property, mobile home, or manufactured home if the contract or a
memorandum of the contract is recorded in the county recorder's office)
if:
(1) the individual served in the military or naval forces of the
United States for at least ninety (90) days;
(2) the individual received an honorable discharge;
(3) the individual either:
(A) has a total disability; or
(B) is at least sixty-two (62) years old and has a disability of at
least ten percent (10%);
(4) the individual's disability is evidenced by:
(A) a pension certificate or an award of compensation issued
by the United States Department of Veterans Affairs; or
(B) a certificate of eligibility issued to the individual by the
Indiana department of veterans' affairs after the Indiana
department of veterans' affairs has determined that the
individual's disability qualifies the individual to receive a
deduction under this section; and
(5) the individual:
(A) owns the real property, mobile home, or manufactured
home; or
(B) is buying the real property, mobile home, or manufactured
home under a qualified installment contract;
on the date the statement required by section 15 of this chapter is
filed.
(b) Except as provided in subsection (c), the surviving spouse of an
individual may receive the deduction provided by this section if the
individual would qualify for the deduction if the individual were alive.
(c) No one is entitled to the deduction provided by this section if the
assessed value of the individual's tangible property, as shown by the tax
duplicate, exceeds one hundred forty-three thousand one hundred sixty
dollars ($143,160).
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a qualified installment contract that
provides that the contract buyer is to pay the property taxes on the real
property, mobile home, or manufactured home may not claim the
deduction provided under this section against that real property, mobile
home, or manufactured home.
SOURCE: IC 6-1.1-12-15; (11)EH1244.3.13. -->
SECTION 13. IC 6-1.1-12-15, AS AMENDED BY P.L.144-2008,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 15. (a) Except as provided in section 17.8 of this
chapter and subject to section 45 of this chapter, an individual who
desires to claim the deduction provided by section 13 or section 14 of
this chapter must file a statement with the auditor of the county in
which the individual resides. With respect to real property, the
statement must be filed during the year for which the individual wishes
to obtain the deduction. With respect to a mobile home that is not
assessed as real property or a manufactured home that is not assessed
as real property, the statement must be filed during the twelve (12)
months before March 31 of each year for which the individual wishes
to obtain the deduction. The statement may be filed in person or by
mail. If mailed, the mailing must be postmarked on or before the last
day for filing. The statement shall contain a sworn declaration that the
individual is entitled to the deduction.
(b) In addition to the statement, the individual shall submit to the
county auditor for the auditor's inspection:
(1) a pension certificate, an award of compensation, or a disability
compensation check issued by the United States Department of
Veterans Affairs if the individual claims the deduction provided
by section 13 of this chapter;
(2) a pension certificate or an award of compensation issued by
the United States Department of Veterans Affairs if the individual
claims the deduction provided by section 14 of this chapter; or
(3) the appropriate certificate of eligibility issued to the individual
by the Indiana department of veterans' affairs if the individual
claims the deduction provided by section 13 or 14 of this chapter.
(c) If the individual claiming the deduction is under guardianship,
the guardian shall file the statement required by this section.
(d) If the individual claiming a deduction under section 13 or 14 of
this chapter is buying real property, a mobile home not assessed as real
property, or a manufactured home not assessed as real property under
a qualified installment contract, that provides that the individual is to
pay property taxes for the real estate, mobile home, or manufactured
home, the statement required by this section must contain the record
number and page where the contract or memorandum of the contract
is recorded.
SOURCE: IC 6-1.1-12-16; (11)EH1244.3.14. -->
SECTION 14. IC 6-1.1-12-16, AS AMENDED BY P.L.1-2009,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 16. (a) Except as provided in section 40.5 of this
chapter, a surviving spouse may have the sum of eighteen thousand
seven hundred twenty dollars ($18,720) deducted from the assessed
value of his or her tangible property, or real property, mobile home not
assessed as real property, or manufactured home not assessed as real
property that the surviving spouse is buying under a qualified
installment contract that provides that the surviving spouse is to pay
property taxes on the real property, mobile home, or manufactured
home, if the contract or a memorandum of the contract is recorded in
the county recorder's office, and if:
(1) the deceased spouse served in the military or naval forces of
the United States before November 12, 1918;
(2) the deceased spouse received an honorable discharge; and
(3) the surviving spouse:
(A) owns the real property, mobile home, or manufactured
home; or
(B) is buying the real property, mobile home, or manufactured
home under contract;
on the date the statement required by section 17 of this chapter is
filed.
(b) A surviving spouse who receives the deduction provided by this
section may not receive the deduction provided by section 13 of this
chapter. However, he or she may receive any other deduction which he
or she is entitled to by law.
(c) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a qualified installment contract that
provides that the contract buyer is to pay the property taxes on the real
property, mobile home, or manufactured home may not claim the
deduction provided under this section against that real property, mobile
home, or manufactured home.
SOURCE: IC 6-1.1-12-17; (11)EH1244.3.15. -->
SECTION 15. IC 6-1.1-12-17, AS AMENDED BY P.L.144-2008,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 17. Except as provided in section 17.8 of this
chapter and subject to section 45 of this chapter, a surviving spouse
who desires to claim the deduction provided by section 16 of this
chapter must file a statement with the auditor of the county in which
the surviving spouse resides. With respect to real property, the
statement must be filed during the year for which the surviving spouse
wishes to obtain the deduction. With respect to a mobile home that is
not assessed as real property or a manufactured home that is not
assessed as real property, the statement must be filed during the twelve
(12) months before March 31 of each year for which the individual
wishes to obtain the deduction. The statement may be filed in person
or by mail. If mailed, the mailing must be postmarked on or before the
last day for filing. The statement shall contain:
(1) a sworn statement that the surviving spouse is entitled to the
deduction; and
(2) the record number and page where the
qualified installment
contract or memorandum of the contract is recorded, if the
individual is buying the real property on a
qualified installment
contract.
that provides that the individual is to pay property taxes
on the real property.
In addition to the statement, the surviving spouse shall submit to the
county auditor for the auditor's inspection a letter or certificate from the
United States Department of Veterans Affairs establishing the service
of the deceased spouse in the military or naval forces of the United
States before November 12, 1918.
SOURCE: IC 6-1.1-12-17.4; (11)EH1244.3.16. -->
SECTION 16. IC 6-1.1-12-17.4, AS AMENDED BY P.L.1-2009,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 17.4. (a) Except as provided in section 40.5 of this
chapter, a World War I veteran who is a resident of Indiana is entitled
to have the sum of eighteen thousand seven hundred twenty dollars
($18,720) deducted from the assessed valuation of the real property
(including a mobile home that is assessed as real property), mobile
home that is not assessed as real property, or manufactured home that
is not assessed as real property the veteran owns or is buying under a
qualified installment contract
that requires the veteran to pay property
taxes on the real property, if the contract or a memorandum of the
contract is recorded in the county recorder's office, if:
(1) the real property, mobile home, or manufactured home is the
veteran's principal residence;
(2) the assessed valuation of the real property, mobile home, or
manufactured home does not exceed two hundred six thousand
five hundred dollars ($206,500);
(3) the veteran owns the real property, mobile home, or
manufactured home for at least one (1) year before claiming the
deduction; and
(4) the veteran:
(A) owns the real property, mobile home, or manufactured
home; or
(B) is buying the real property, mobile home, or manufactured
home under
a qualified installment contract;
on the date the statement required by section 17.5 of this chapter
is filed.
(b) An individual may not be denied the deduction provided by this
section because the individual is absent from the individual's principal
residence while in a nursing home or hospital.
(c) For purposes of this section, if real property, a mobile home, or
a manufactured home is owned by a husband and wife as tenants by the
entirety, only one (1) deduction may be allowed under this section.
However, the deduction provided in this section applies if either spouse
satisfies the requirements prescribed in subsection (a).
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a
qualified installment contract
that
provides that the contract buyer is to pay the property taxes on the real
property, mobile home, or manufactured home may not claim the
deduction provided under this section with respect to that real property,
mobile home, or manufactured home.
SOURCE: IC 6-1.1-12-17.5; (11)EH1244.3.17. -->
SECTION 17. IC 6-1.1-12-17.5, AS AMENDED BY P.L.144-2008,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 17.5. (a) Except as provided in section 17.8 of this
chapter and subject to section 45 of this chapter, a veteran who desires
to claim the deduction provided in section 17.4 of this chapter must file
a sworn statement, on forms prescribed by the department of local
government finance, with the auditor of the county in which the real
property, mobile home, or manufactured home is assessed. With
respect to real property, the veteran must file the statement during the
year for which the veteran wishes to obtain the deduction. With respect
to a mobile home that is not assessed as real property or a
manufactured home that is not assessed as real property, the statement
must be filed during the twelve (12) months before March 31 of each
year for which the individual wishes to obtain the deduction. The
statement may be filed in person or by mail. If mailed, the mailing must
be postmarked on or before the last day for filing.
(b) The statement required under this section shall be in affidavit
form or require verification under penalties of perjury. The statement
shall be filed in duplicate if the veteran has, or is buying under a
contract, real property in more than one (1) county or in more than one
(1) taxing district in the same county. The statement shall contain:
(1) a description and the assessed value of the real property,
mobile home, or manufactured home;
(2) the veteran's full name and complete residence address;
(3) the record number and page where the contract or
memorandum of the qualified installment contract is recorded,
if the individual is buying the real property, mobile home, or
manufactured home on a qualified installment contract; that
provides that the individual is to pay property taxes on the real
property, mobile home, or manufactured home; and
(4) any additional information which the department of local
government finance may require.
SOURCE: IC 6-1.1-12-37; (11)EH1244.3.18. -->
SECTION 18. IC 6-1.1-12-37, AS AMENDED BY P.L.113-2010,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
MARCH 1, 2011 (RETROACTIVE)]: Sec. 37. (a) The following
definitions apply throughout this section:
(1) "Dwelling" means any of the following:
(A) Residential real property improvements that an individual
uses as the individual's residence, including a house or garage.
(B) A mobile home that is not assessed as real property that an
individual uses as the individual's residence.
(C) A manufactured home that is not assessed as real property
that an individual uses as the individual's residence.
(2) "Homestead" means an individual's principal place of
residence:
(A) that is located in Indiana;
(B) that:
(i) the individual owns;
(ii) the individual is buying under a qualified installment
contract; recorded in the county recorder's office, that
provides that the individual is to pay the property taxes on
the residence;
(iii) the individual is entitled to occupy as a
tenant-stockholder (as defined in 26 U.S.C. 216) of a
cooperative housing corporation (as defined in 26 U.S.C.
216); or
(iv) is a residence described in section 17.9 of this chapter
that is owned by a trust if the individual is an individual
described in section 17.9 of this chapter; and
(C) that consists of a dwelling and the real estate, not
exceeding one (1) acre, that immediately surrounds that
dwelling.
Except as provided in subsection (k), the term does not include
property owned by a corporation, partnership, limited liability
company, or other entity not described in this subdivision.
(b) Each year a homestead is eligible for a standard deduction from
the assessed value of the homestead for an assessment date. The
deduction provided by this section applies to property taxes first due
and payable for an assessment date only if an individual has an interest
in the homestead described in subsection (a)(2)(B) on:
(1) the assessment date; or
(2) any date in the same year after an assessment date that a
statement is filed under subsection (e) or section 44 of this
chapter, if the property consists of real property.
Subject to subsection (c), the auditor of the county shall record and
make the deduction for the individual or entity qualifying for the
deduction.
(c) Except as provided in section 40.5 of this chapter, the total
amount of the deduction that a person may receive under this section
for a particular year is the lesser of:
(1) sixty percent (60%) of the assessed value of the real property,
mobile home not assessed as real property, or manufactured home
not assessed as real property; or
(2) forty-five thousand dollars ($45,000).
(d) A person who has sold real property, a mobile home not assessed
as real property, or a manufactured home not assessed as real property
to another person under a qualified installment contract that provides
that the contract buyer is to pay the property taxes on the real property,
mobile home, or manufactured home may not claim the deduction
provided under this section with respect to that real property, mobile
home, or manufactured home.
(e) Except as provided in sections 17.8 and 44 of this chapter and
subject to section 45 of this chapter, an individual who desires to claim
the deduction provided by this section must file a certified statement in
duplicate, on forms prescribed by the department of local government
finance, with the auditor of the county in which the homestead is
located. The statement must include:
(1) the parcel number or key number of the property and the name
of the city, town, or township in which the property is located;
(2) the name of any other location in which the applicant or the
applicant's spouse owns, is buying, or has a beneficial interest in
residential real property;
(3) the names of:
(A) the applicant and the applicant's spouse (if any):
(i) as the names appear in the records of the United States
Social Security Administration for the purposes of the
issuance of a Social Security card and Social Security
number; or
(ii) that they use as their legal names when they sign their
names on legal documents;
if the applicant is an individual; or
(B) each individual who qualifies property as a homestead
under subsection (a)(2)(B) and the individual's spouse (if any):
(i) as the names appear in the records of the United States
Social Security Administration for the purposes of the
issuance of a Social Security card and Social Security
number; or
(ii) that they use as their legal names when they sign their
names on legal documents;
if the applicant is not an individual; and
(4) either:
(A) the last five (5) digits of the applicant's Social Security
number and the last five (5) digits of the Social Security
number of the applicant's spouse (if any); or
(B) if the applicant or the applicant's spouse (if any) do not
have a Social Security number, any of the following for that
individual:
(i) The last five (5) digits of the individual's driver's license
number.
(ii) The last five (5) digits of the individual's state
identification card number.
(iii) If the individual does not have a driver's license or a
state identification card, the last five (5) digits of a control
number that is on a document issued to the individual by the
federal government and determined by the department of
local government finance to be acceptable.
If a form or statement provided to the county auditor under this section,
IC 6-1.1-22-8.1, or IC 6-1.1-22.5-12 includes the telephone number or
part or all of the Social Security number of a party or other number
described in subdivision (4)(B) of a party, the telephone number and
the Social Security number or other number described in subdivision
(4)(B) included are confidential. The statement may be filed in person
or by mail. If the statement is mailed, the mailing must be postmarked
on or before the last day for filing. The statement applies for that first
year and any succeeding year for which the deduction is allowed. With
respect to real property, the statement must be completed and dated in
the calendar year for which the person desires to obtain the deduction
and filed with the county auditor on or before January 5 of the
immediately succeeding calendar year. With respect to a mobile home
that is not assessed as real property, the person must file the statement
during the twelve (12) months before March 31 of the year for which
the person desires to obtain the deduction.
(f) If an individual who is receiving the deduction provided by this
section or who otherwise qualifies property for a deduction under this
section:
(1) changes the use of the individual's property so that part or all
of the property no longer qualifies for the deduction under this
section; or
(2) is no longer eligible for a deduction under this section on
another parcel of property because:
(A) the individual would otherwise receive the benefit of more
than one (1) deduction under this chapter; or
(B) the individual maintains the individual's principal place of
residence with another individual who receives a deduction
under this section;
the individual must file a certified statement with the auditor of the
county, notifying the auditor of the change of use, not more than sixty
(60) days after the date of that change. An individual who fails to file
the statement required by this subsection is liable for any additional
taxes that would have been due on the property if the individual had
filed the statement as required by this subsection plus a civil penalty
equal to ten percent (10%) of the additional taxes due. The civil penalty
imposed under this subsection is in addition to any interest and
penalties for a delinquent payment that might otherwise be due. One
percent (1%) of the total civil penalty collected under this subsection
shall be transferred by the county to the department of local
government finance for use by the department in establishing and
maintaining the homestead property data base under subsection (i) and,
to the extent there is money remaining, for any other purposes of the
department. This amount becomes part of the property tax liability for
purposes of this article.
(g) The department of local government finance shall adopt rules or
guidelines concerning the application for a deduction under this
section.
(h) This subsection does not apply to property in the first year for
which a deduction is claimed under this section if the sole reason that
a deduction is claimed on other property is that the individual or
married couple maintained a principal residence at the other property
on March 1 in the same year in which an application for a deduction is
filed under this section or, if the application is for a homestead that is
assessed as personal property, on March 1 in the immediately
preceding year and the individual or married couple is moving the
individual's or married couple's principal residence to the property that
is the subject of the application. The county auditor may not grant an
individual or a married couple a deduction under this section if:
(1) the individual or married couple, for the same year, claims the
deduction on two (2) or more different applications for the
deduction; and
(2) the applications claim the deduction for different property.
(i) The department of local government finance shall provide secure
access to county auditors to a homestead property data base that
includes access to the homestead owner's name and the numbers
required from the homestead owner under subsection (e)(4) for the sole
purpose of verifying whether an owner is wrongly claiming a deduction
under this chapter or a credit under IC 6-1.1-20.4, IC 6-1.1-20.6, or
IC 6-3.5.
(j) The department of local government finance shall work with
county auditors to develop procedures to determine whether a property
owner that is claiming a standard deduction or homestead credit is not
eligible for the standard deduction or homestead credit because the
property owner's principal place of residence is outside Indiana.
(k) As used in this section, "homestead" includes property that
satisfies each of the following requirements:
(1) The property is located in Indiana and consists of a dwelling
and the real estate, not exceeding one (1) acre, that immediately
surrounds that dwelling.
(2) The property is the principal place of residence of an
individual.
(3) The property is owned by an entity that is not described in
subsection (a)(2)(B).
(4) The individual residing on the property is a shareholder,
partner, or member of the entity that owns the property.
(5) The property was eligible for the standard deduction under
this section on March 1, 2009.
(l) If a county auditor terminates a deduction for property described
in subsection (k) with respect to property taxes that are:
(1) imposed for an assessment date in 2009; and
(2) first due and payable in 2010;
on the grounds that the property is not owned by an entity described in
subsection (a)(2)(B), the county auditor shall reinstate the deduction if
the taxpayer provides proof that the property is eligible for the
deduction in accordance with subsection (k) and that the individual
residing on the property is not claiming the deduction for any other
property.
(m) For assessments dates after 2009, the term "homestead"
includes:
(1) a deck or patio;
(2) a gazebo; or
(3) another residential yard structure, as defined in rules adopted
by the department of local government finance (other than a
swimming pool);
that is assessed as real property and attached to the dwelling.
SOURCE: IC 6-1.1-12-39; (11)EH1244.3.19. -->
SECTION 19. IC 6-1.1-12-39 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 39. (a) A person who
is:
(1) purchasing property under a contract that does not require the
buyer to pay property taxes on the property; and
(2) required to pay property taxes under IC 6-1.1-10-41;
is eligible for a deduction granted by this chapter to the same extent as
a person who is buying property under a
qualified installment
contract. that provides the contract buyer is to pay property taxes on the
property.
(b) To obtain the deduction, with the application the applicant must
provide:
(1) the same information concerning the contract that is required
for qualified installment contracts; that require the buyer to pay
property taxes; and
(2) information that indicates that IC 6-1.1-10-41 applies to the
property.
SOURCE: IC 6-1.1-12-46; (11)EH1244.3.20. -->
SECTION 20. IC 6-1.1-12-46 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 46. (a) This section applies to an
assessed valuation deduction claimed for:
(1) an assessment date occurring after February 28, 2012,
with respect to property taxes first due and payable after
December 31, 2012, for an assessed valuation deduction
claimed for real property; or
(2) an assessment date occurring after December 31, 2011,
with respect to property taxes first due and payable after
December 31, 2011, for an assessed valuation deduction
claimed for a mobile home or manufactured home assessed
under IC 6-1.1-7.
(b) A person who:
(1) owns property subject to taxation under this article;
(2) intentionally misrepresents a residential lease as a
qualified installment contract; and
(3) through the misrepresentation described in subdivision (2)
causes another individual to improperly claim a deduction
that is made available to a buyer under a qualified installment
contract under this chapter;
is liable for any additional taxes that would have been due on the
property if the person had leased the property to the purported
contract buyer, plus a civil penalty equal to ten percent (10%) of
the additional taxes due.
(c) The civil penalty imposed under subsection (b) is in addition
to any interest and penalties for a delinquent payment that might
otherwise be due.
(d) One percent (1%) of the total civil penalty collected under
this section shall be transferred by the county to the department of
local government finance for use by the department in establishing
and maintaining the homestead property data base under section
37 of this chapter and, to the extent there is money remaining, for
any other purposes of the department. This amount becomes part
of the property tax liability for purposes of this article.
SOURCE: IC 6-1.1-17-22; (11)EH1244.3.21. -->
SECTION 21. IC 6-1.1-17-22 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 22. (a) As used in this section,
"PSAP" has the meaning set forth in IC 36-8-16.5-13.
(b) Notwithstanding any other law, a political subdivision
permitted to operate a PSAP under IC 36-8-16.5-51(c)(3) may not
do either of the following with respect to operations of the PSAP in
a calendar year beginning after December 31, 2011:
(1) Impose a property tax rate to fund the PSAP that exceeds
the property tax rate imposed for that purpose in 2011.
(2) Impose a property tax levy to fund the PSAP that exceeds
the property tax levy imposed for that purpose in 2011.
SOURCE: IC 6-1.1-24-1.2; (11)EH1244.3.21. -->
SECTION 21. IC 6-1.1-24-1.2, AS AMENDED BY P.L.113-2010,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.2. (a) Except as provided in subsection (c),
a tract or an item of real property may not be removed from the list
certified under section 1 of this chapter before the tax sale unless all:
(1) delinquent taxes and special assessments due before the date
the list on which the property appears was certified under section
1 of this chapter; and
(2) penalties due on the delinquency, interest, and costs directly
attributable to the tax sale;
have been paid in full.
(b) A county treasurer may accept partial payments of delinquent
property taxes, assessments, penalties, interest, or costs under
subsection (a) after the list of real property is certified under section 1
of this chapter. However a partial payment does not remove a tract or
an item from the list certified under section 1 of this chapter unless the
taxpayer complies with subsection (a) or (c) before the date of the tax
sale.
(c) The county auditor in a county having a population of more than
four hundred thousand (400,000) but less than seven hundred thousand
(700,000) may remove a tract or an item of real property from the list
certified under section 1 of this chapter before the tax sale if the county
treasurer and the taxpayer agree to a mutually satisfactory arrangement
for the payment of the delinquent taxes.
(d) The county treasurer may remove the tract or item from the list
certified under section 1 of this chapter if the arrangement described in
subsection (c):
(1) is in writing;
(2) is signed by the taxpayer; and
(3) requires the taxpayer to pay the delinquent taxes in full within
one (1) not later than the last business day before July 1 of the
year of after the date the agreement is signed.
(e) If the taxpayer fails to make a payment under the arrangement
described in subsection (c):
(1) the arrangement is void; and
(2) the county auditor shall immediately place the tract or item of
real property on the list of real property eligible for sale at a tax
sale.
(f) If the tract or item of real property subject to a payment
arrangement is within the jurisdiction of a:
(1) city having a population of more than ninety thousand
(90,000) but less than one hundred five thousand (105,000);
(2) city having a population of more than thirty-two thousand
(32,000) but less than thirty-two thousand eight hundred (32,800);
or
(3) city having a population of more than seventy-five thousand
(75,000) but less than ninety thousand (90,000);
the county auditor shall notify the mayor of the city of the arrangement.
(f) If the county auditor acts under subsection (e) with respect
to a tract or item subject to an arrangement described in
subsection (c), the taxpayer may not enter into another
arrangement under subsection (c) with respect to that tract or item
after the due date of the payment referred to in subsection (d) and
before the date that succeeds by five (5) years the date on which the
original arrangement would have expired if the arrangement had
not become void under subsection (e).
SOURCE: IC 6-1.1-24-2; (11)EH1244.3.22. -->
SECTION 22. IC 6-1.1-24-2, AS AMENDED BY P.L.146-2008,
SECTION 258, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. (a) In addition to the delinquency
list required under section 1 of this chapter, each county auditor shall
prepare a notice. The notice shall contain the following:
(1) A list of tracts or real property eligible for sale under this
chapter.
(2) A statement that the tracts or real property included in the list
will be sold at public auction to the highest bidder, subject to the
right of redemption.
(3) A statement that the tracts or real property will not be sold for
an amount which is less than the sum of:
(A) the delinquent taxes and special assessments on each tract
or item of real property;
(B) the taxes and special assessments on each tract or item of
real property that are due and payable in the year of the sale,
whether or not they are delinquent;
(C) all penalties due on the delinquencies;
(D) an amount prescribed by the county auditor that equals the
sum of:
(i) the greater of twenty-five dollars ($25) or postage and
publication costs; and
(ii) any other actual costs incurred by the county that are
directly attributable to the tax sale; and
(E) any unpaid costs due under subsection (b) from a prior tax
sale.
(4) A statement that a person redeeming each tract or item of real
property after the sale must pay:
(A) one hundred ten percent (110%) of the amount of the
minimum bid for which the tract or item of real property was
offered at the time of sale if the tract or item of real property
is redeemed not more than six (6) months after the date of
sale;
(B) one hundred fifteen percent (115%) of the amount of the
minimum bid for which the tract or item of real property was
offered at the time of sale if the tract or item of real property
is redeemed more than six (6) months after the date of sale;
(C)
the amount by which the purchase price exceeds the
minimum bid on the tract or item of real property plus ten
percent (10%) per annum on the amount by which the
purchase price exceeds the minimum bid; and
(D) all taxes and special assessments on the tract or item of
real property paid by the purchaser after the tax sale plus
interest at the rate of ten percent (10%) per annum on the
amount of taxes and special assessments paid by the purchaser
on the redeemed property.
(5) A statement for informational purposes only, of the location
of each tract or item of real property by key number, if any, and
street address, if any, or a common description of the property
other than a legal description. The township assessor, or the
county assessor if there is no township assessor for the township,
upon written request from the county auditor, shall provide the
information to be in the notice required by this subsection. A
misstatement in the key number or street address does not
invalidate an otherwise valid sale.
(6) A statement that the county does not warrant the accuracy of
the street address or common description of the property.
(7) A statement indicating:
(A) the name of the owner of each tract or item of real
property with a single owner; or
(B) the name of at least one (1) of the owners of each tract or
item of real property with multiple owners.
(8) A statement of the procedure to be followed for obtaining or
objecting to a judgment and order of sale, that must include the
following:
(A) A statement:
(i) that the county auditor and county treasurer will apply on
or after a date designated in the notice for a court judgment
against the tracts or real property for an amount that is not
less than the amount set under subdivision (3), and for an
order to sell the tracts or real property at public auction to
the highest bidder, subject to the right of redemption; and
(ii) indicating the date when the period of redemption
specified in IC 6-1.1-25-4 will expire.
(B) A statement that any defense to the application for
judgment must be:
(i) filed with the court; and
(ii) served on the county auditor and the county treasurer;
before the date designated as the earliest date on which the
application for judgment may be filed.
(C) A statement that the county auditor and the county
treasurer are entitled to receive all pleadings, motions,
petitions, and other filings related to the defense to the
application for judgment.
(D) A statement that the court will set a date for a hearing at
least seven (7) days before the advertised date and that the
court will determine any defenses to the application for
judgment at the hearing.
(9) A statement that the sale will be conducted at a place
designated in the notice and that the sale will continue until all
tracts and real property have been offered for sale.
(10) A statement that the sale will take place at the times and
dates designated in the notice. Whenever the public auction is to
be conducted as an electronic sale, the notice must include a
statement indicating that the public auction will be conducted as
an electronic sale and a description of the procedures that must be
followed to participate in the electronic sale.
(11) A statement that a person redeeming each tract or item after
the sale must pay the costs described in IC 6-1.1-25-2(e).
(12) If a county auditor and county treasurer have entered into an
agreement under IC 6-1.1-25-4.7, a statement that the county
auditor will perform the duties of the notification and title search
under IC 6-1.1-25-4.5 and the notification and petition to the
court for the tax deed under IC 6-1.1-25-4.6.
(13) A statement that, if the tract or item of real property is sold
for an amount more than the minimum bid and the property is not
redeemed, the owner of record of the tract or item of real property
who is divested of ownership at the time the tax deed is issued
may have a right to the tax sale surplus.
(14) If a determination has been made under subsection (d), a
statement that tracts or items will be sold together.
(b) If within sixty (60) days before the date of the tax sale the county
incurs costs set under subsection (a)(3)(D) and those costs are not paid,
the county auditor shall enter the amount of costs that remain unpaid
upon the tax duplicate of the property for which the costs were set. The
county treasurer shall mail notice of unpaid costs entered upon a tax
duplicate under this subsection to the owner of the property identified
in the tax duplicate.
(c) The amount of unpaid costs entered upon a tax duplicate under
subsection (b) must be paid no later than the date upon which the next
installment of real estate taxes for the property is due. Unpaid costs
entered upon a tax duplicate under subsection (b) are a lien against the
property described in the tax duplicate, and amounts remaining unpaid
on the date the next installment of real estate taxes is due may be
collected in the same manner that delinquent property taxes are
collected.
(d) The county auditor and county treasurer may establish the
condition that a tract or item will be sold and may be redeemed under
this chapter only if the tract or item is sold or redeemed together with
one (1) or more other tracts or items. Property may be sold together
only if the tract or item is owned by the same person.
SOURCE: IC 6-1.1-24-5.3; (11)EH1244.3.23. -->
SECTION 23. IC 6-1.1-24-5.3, AS AMENDED BY P.L.88-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5.3. (a) This section applies to the following:
(1) A person who:
(A) owns a fee interest, a life estate interest, or the equitable
interest of a contract purchaser in an unsafe building or unsafe
premises in the county in which a sale is held under this
chapter; and
(B) is subject to an order issued under IC 36-7-9-5(a)(2),
IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5)
regarding which the conditions set forth in IC 36-7-9-10(a)(1)
through IC 36-7-9-10(a)(4) exist.
(2) A person who:
(A) owns a fee interest, a life estate interest, or the equitable
interest of a contract purchaser in an unsafe building or unsafe
premises in the county in which a sale is held under this
chapter; and
(B) is subject to an order issued under IC 36-7-9-5(a), other
than an order issued under IC 36-7-9-5(a)(2),
IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5),
regarding which the conditions set forth in IC 36-7-9-10(b)(1)
through IC 36-7-9-10(b)(4) exist.
(3) A person who is the defendant in a court action brought under
IC 36-7-9-18, IC 36-7-9-19, IC 36-7-9-20, IC 36-7-9-21, or
IC 36-7-9-22 in the county in which a sale is held under this
chapter that has resulted in a judgment in favor of the plaintiff and
the unsafe condition that caused the action to be brought has not
been corrected.
(4) A person who has any of the following relationships to a
person, partnership, corporation, or legal entity described in
subdivisions subdivision (1), (2), or (3);
(A) A partner of a partnership.
(B) An officer or majority stockholder of a corporation.
(C) The person who directs the activities or has a majority
ownership in a legal entity other than a partnership or
corporation.
(5) A person who, in the county in which a sale is held under this
chapter, owes:
(A) delinquent taxes;
(B) special assessments;
(C) penalties;
(D) interest; or
(E) costs directly attributable to a prior tax sale;
on a tract or an item of real property listed under section 1 of this
chapter.
(6) A person who owns a fee interest, a life estate interest, or the
equitable interest of a contract purchaser in a vacant or abandoned
structure subject to an enforcement order under IC 32-30-6,
IC 32-30-7, IC 32-30-8, or IC 36-7-9.
(7) A person who is an agent of the person described in this
subsection.
(b) A person subject to this section may not purchase a tract offered
for sale under section 5 or 6.1 of this chapter. However, this section
does not prohibit a person from bidding on a tract that is owned by the
person and offered for sale under section 5 of this chapter.
(c) The county treasurer shall require each person who will be
bidding at the tax sale to sign a statement in a form substantially
similar to the following:
"Indiana law prohibits a person who owes delinquent taxes,
special assessments, penalties, interest, or costs directly
attributable to a prior tax sale, from purchasing tracts or items of
real property at a tax sale. I hereby affirm under the penalties for
perjury that I do not owe delinquent taxes, special assessments,
penalties, interest, costs directly attributable to a prior tax sale,
amounts from a final adjudication in favor of a political
subdivision in this county, any civil penalties imposed for the
violation of a building code or ordinance of this county, or any
civil penalties imposed by a health department in this county.
Further, I hereby acknowledge that any successful bid I make in
violation of this statement is subject to forfeiture. In the event of
forfeiture, the amount
of by which my bid
exceeds the minimum
bid, if any, shall be applied to the delinquent taxes, special
assessments, penalties, interest, costs, judgments, or civil
penalties I owe, and a certificate will be issued to the county
executive.".
(d) If a person purchases a tract that the person was not eligible to
purchase under this section, the sale of the property is subject to
forfeiture. If the county treasurer determines or is notified not more
than six (6) months after the date of the sale that the sale of the
property should be forfeited, the county treasurer shall:
(1) notify the person in writing that the sale is subject to forfeiture
if the person does not pay the amounts that the person owes
within thirty (30) days of the notice;
(2) if the person does not pay the amounts that the person owes
within thirty (30) days after the notice, apply the
surplus amount
of the person's bid
that exceeds the minimum bid to the person's
delinquent taxes, special assessments, penalties, and interest;
(3) remit the amounts owed from a final adjudication or civil
penalties in favor of a political subdivision to the appropriate
political subdivision; and
(4) notify the county auditor that the sale has been forfeited.
Upon being notified that a sale has been forfeited, the county auditor
shall issue a certificate to the county executive under section 6 of this
chapter.
(e) A county treasurer may decline to forfeit a sale under this section
because of inadvertence or mistake, lack of actual knowledge by the
bidder, substantial harm to other parties with interests in the tract or
item of real property, or other substantial reasons. If the treasurer
declines to forfeit a sale, the treasurer shall:
(1) prepare a written statement explaining the reasons for
declining to forfeit the sale; and
(2) retain the written statement as an official record.
(f) If a sale is forfeited under this section and the tract or item of real
property is redeemed from the sale, the county auditor shall deposit the
amount of the redemption into the county general fund and notify the
county executive of the redemption. Upon being notified of the
redemption, the county executive shall surrender the certificate to the
county auditor.
SOURCE: IC 6-1.1-24-6; (11)EH1244.3.24. -->
SECTION 24. IC 6-1.1-24-6, AS AMENDED BY P.L.89-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a) When a tract or an item of real property is
offered for sale under this chapter and an amount is not received equal
to or in excess of the minimum sale price prescribed in section 5(e) of
this chapter, the county executive acquires a lien in the amount of the
minimum sale price. This lien attaches on the day after the last date on
which the tract or item was offered for sale.
(b) When a county executive acquires a lien under this section, the
county auditor shall issue a tax sale certificate to the county executive
in the manner provided in section 9 of this chapter. The county auditor
shall date the certificate the day that the county executive acquires the
lien. When a county executive acquires a certificate under this section,
the county executive has the same rights as a purchaser.
(c) When a lien is acquired by a county executive under this section,
no money shall be paid by the county executive. However, each of the
taxing units having an interest in the taxes on the tract shall be charged
with the full amount of all delinquent taxes due them.
(d) This section shall apply to any tract or an item of real property
offered for sale under this chapter in 2006, and an amount was not
received equal to or in excess of the minimum sale price prescribed in
section 5(e) of this chapter, if the county executive finds that the tract
or item of real property meets the definition of a brownfield as set forth
in IC 13-11-2-19.3.
SOURCE: IC 6-1.1-24-6.1; (11)EH1244.3.25. -->
SECTION 25. IC 6-1.1-24-6.1, AS AMENDED BY P.L.73-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6.1. (a) The county executive may do the
following:
(1) By resolution, identify properties:
(A) that are described in section 6.7(a) of this chapter; and
(B) concerning which the county executive desires to offer to
the public the certificates of sale acquired by the county
executive under section 6 of this chapter.
(2) In conformity with IC 5-3-1-4, publish:
(A) notice of the date, time, and place for a public sale; and
(B) a listing of parcels on which certificates will be offered by
parcel number and minimum bid amount;
once each week for three (3) consecutive weeks, with the final
advertisement being not less than thirty (30) days before the sale
date. The expenses of the publication shall be paid out of the
county general fund.
(3) Sell each certificate of sale covered by the resolution for a
price that:
(A) is less than the minimum sale price prescribed by section
5(e) of this chapter; and
(B) includes any costs to the county executive directly
attributable to the sale of the certificate of sale.
(b) Notice of the list of properties prepared under subsection (a) and
the date, time, and place for the public sale of the certificates of sale
shall be published in accordance with IC 5-3-1. The notice must:
(1) include a description of the property by parcel number and
common address;
(2) specify that the county executive will accept bids for the
certificates of sale for the price referred to in subsection (a)(3);
(3) specify the minimum bid for each parcel;
(4) include a statement that a person redeeming each tract or item
of real property after the sale of the certificate must pay:
(A) one hundred ten percent (110%) of the amount of the
minimum bid under section 5(e) of this chapter for which the
tract or item of real property was last offered for sale;
(B) ten percent (10%) of per annum on the amount for which
the certificate is sold by which the purchase price exceeds
the minimum bid;
(C) the attorney's fees and costs of giving notice under
IC 6-1.1-25-4.5;
(D) the costs of a title search or of examining and updating the
abstract of title for the tract or item of real property;
(E) all taxes and special assessments on the tract or item of
real property paid by the purchaser after the sale of the
certificate plus interest at the rate of ten percent (10%) per
annum on the amount of taxes and special assessments paid by
the purchaser on the redeemed property; and
(F) all costs of sale, advertising costs, and other expenses of
the county directly attributable to the sale of certificates of
sale; and
(5) include a statement that, if the certificate is sold for an amount
more than the minimum bid under section 5(e) of this chapter for
which the tract or item of real property was last offered for sale
and the property is not redeemed, the owner of record of the tract
or item of real property who is divested of ownership at the time
the tax deed is issued may have a right to the tax sale surplus.
SOURCE: IC 6-1.1-24-8; (11)EH1244.3.26. -->
SECTION 26. IC 6-1.1-24-8, AS AMENDED BY P.L.89-2007,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. When one who purchases real property at a tax
sale fails to pay the bid, the real property shall again be offered for sale.
A purchaser who fails to pay the bid shall pay a civil penalty of
twenty-five percent (25%) of the amount of the bid. The county
prosecuting attorney or the county treasurer shall initiate an action
in the name of the state treasurer county to recover the civil penalty,
treble damages, costs, and reasonable attorney's fees. Amounts
collected under this section shall be deposited in the county general
fund.
SOURCE: IC 6-1.1-25-2; (11)EH1244.3.27. -->
SECTION 27. IC 6-1.1-25-2, AS AMENDED BY P.L.89-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The total amount of money required for
the redemption of real property equals:
(1) the sum of the amounts prescribed in subsections (b) through
(e); (f); or
(2) the amount prescribed in subsection
(f); (g);
reduced by any amounts held in the name of the taxpayer or the
purchaser in the tax sale surplus fund.
(b) Except as provided in subsection
(f), (g), the total amount
required for redemption includes:
(1) one hundred ten percent (110%) of the minimum bid for
which the tract or real property was offered at the time of sale, as
required by IC 6-1.1-24-5, if the tract or item of real property is
redeemed not more than six (6) months after the date of sale; or
(2) one hundred fifteen percent (115%) of the minimum bid for
which the tract or real property was offered at the time of sale, as
required by IC 6-1.1-24-5, if the tract or item of real property is
redeemed more than six (6) months but not more than one (1)
year after the date of sale.
(c) Except as provided in subsection (f), (g), in addition to the
amount required under subsection (b), the total amount required for
redemption includes the amount by which the purchase price exceeds
the minimum bid on the real property plus ten percent (10%) per
annum on the amount by which the purchase price exceeds the
minimum bid on the property.
(d) Except as provided in subsection (f), (g), in addition to the
amount required under subsections (b) and (c), the total amount
required for redemption includes all taxes and special assessments
upon the property paid by the purchaser after the sale plus ten percent
(10%) interest per annum on those taxes and special assessments.
(e) Except as provided in subsection (f), (g), in addition to the
amounts required under subsections (b), (c), and (d), the total amount
required for redemption includes the following costs, if certified before
redemption and not earlier than thirty (30) days after the date of sale of
the property being redeemed by the payor to the county auditor on a
form prescribed by the state board of accounts, that were incurred and
paid by the purchaser, the purchaser's assignee, or the county, before
redemption:
(1) The attorney's fees and costs of giving notice under section 4.5
of this chapter.
(2) The costs of a title search or of examining and updating the
abstract of title for the tract or item of real property.
(f) The total amount required for redemption includes, in
addition to the amounts required under subsections (b) and (e), all
taxes, special assessments, penalties, and fees on the property that
accrued after the sale.
(f) (g) With respect to a tract or item of real property redeemed
under section 4(c) of this chapter, instead of the amounts stated in
subsections (b) through (e), (f), the total amount required for
redemption is the amount determined under IC 6-1.1-24-6.1(b)(4).
SOURCE: IC 6-1.1-25-4; (11)EH1244.3.28. -->
SECTION 28. IC 6-1.1-25-4, AS AMENDED BY P.L.73-2010,
SECTION 6, AND AS AMENDED BY P.L.98-2010, SECTION 3, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The period for
redemption of real property sold under IC 6-1.1-24 is:
(1) one (1) year after the date of sale;
(2) one hundred twenty (120) days after the date of sale to a
purchasing agency qualified under IC 36-7-17; or
(3) one hundred twenty (120) days after the date of sale of real
property on the list prepared under IC 6-1.1-24-1(a)(2) or
IC 6-1.1-24-1.5.
(b) Subject to subsection (l) and IC 6-1.1-24-9(d), the period for
redemption of real property:
(1) on which the county executive acquires a lien under
IC 6-1.1-24-6; and
(2) for which the certificate of sale is not sold under
IC 6-1.1-24-6.1;
is one hundred twenty (120) days after the date the county executive
acquires the lien under IC 6-1.1-24-6.
(c) The period for redemption of real property:
(1) on which the county executive acquires a lien under
IC 6-1.1-24-6; and
(2) for which the certificate of sale is sold under IC 6-1.1-24;
is one hundred twenty (120) days after the date of sale of the certificate
of sale under IC 6-1.1-24.
(d) When a deed for real property is executed under this chapter, the
county auditor shall cancel the certificate of sale and file the canceled
certificate in the office of the county auditor. If real property that
appears on the list prepared under IC 6-1.1-24-1.5 is offered for sale
and an amount that is at least equal to the minimum sale price required
under IC 6-1.1-24-5(e) is not received, the county auditor shall issue a
deed to the real property, subject to this chapter.
(e) When a deed is issued to a county executive under this chapter,
the taxes and special assessments for which the real property was
offered for sale, and all subsequent taxes, special assessments, interest,
penalties, and cost of sale shall be removed from the tax duplicate in
the same manner that taxes are removed by certificate of error.
(f) A tax deed executed under this chapter vests in the grantee an
estate in fee simple absolute, free and clear of all liens and
encumbrances created or suffered before or after the tax sale except
those liens granted priority under federal law and the lien of the state
or a political subdivision for taxes and special assessments which
accrue subsequent to the sale and which are not removed under
subsection (e). However, subject to subsection (g), the estate is subject
to:
(1) all easements, covenants, declarations, and other deed
restrictions shown by public records;
(2) laws, ordinances, and regulations concerning governmental
police powers, including zoning, building, land use,
improvements on the land, land division, and environmental
protection; and
(3) liens and encumbrances created or suffered by the grantee.
(g) A tax deed executed under this chapter for real property sold in
a tax sale:
(1) does not operate to extinguish an easement recorded before
the date of the tax sale in the office of the recorder of the county
in which the real property is located, regardless of whether the
easement was taxed under this article separately from the real
property; and
(2) conveys title subject to all easements recorded before the date
of the tax sale in the office of the recorder of the county in which
the real property is located.
(g) (h) A tax deed executed under this chapter is prima facie
evidence of:
(1) the regularity of the sale of the real property described in the
deed;
(2) the regularity of all proper proceedings; and
(3) valid title in fee simple in the grantee of the deed.
(h) (i) A county auditor is not required to execute a deed to the
county executive under this chapter if the county executive determines
that the property involved contains hazardous waste or another
environmental hazard for which the cost of abatement or alleviation
will exceed the fair market value of the property. The county executive
may enter the property to conduct environmental investigations.
(i) (j) If the county executive makes the determination under
subsection
(h) (i) as to any interest in an oil or gas lease or separate
mineral rights, the county treasurer shall certify all delinquent taxes,
interest, penalties, and costs assessed under IC 6-1.1-24 to the clerk,
following the procedures in IC 6-1.1-23-9. After the date of the county
treasurer's certification, the certified amount is subject to collection as
delinquent personal property taxes under IC 6-1.1-23. Notwithstanding
IC 6-1.1-4-12.4 and IC 6-1.1-4-12.6, the assessed value of such an
interest shall be zero (0) until production commences.
(j) (k) When a deed is issued to a purchaser of a certificate of sale
sold under IC 6-1.1-24-6.1, the county auditor shall, in the same
manner that taxes are removed by certificate of error, remove from the
tax duplicate the taxes, special assessments, interest, penalties, and
costs remaining due as the difference between the amount of the last
minimum bid under IC 6-1.1-24-5(e) and the amount paid for the
certificate of sale.
(l) If the county treasurer and the owner of a homestead (as
defined in IC 6-1.1-12-37(a)(2)) agree before the expiration of the
period for redemption under subsection (b) to a mutually
satisfactory arrangement for the payment of the amount required
for redemption under section 2 of this chapter before the
expiration of a period for redemption extended under this
subsection:
(1) the county treasurer may extend the period for
redemption; and
(2) except as provided in subsection (m), the extended period
for redemption expires one (1) year after the date of the
agreement.
(m) If the owner of a homestead fails to meet the terms of an
agreement entered into with the county treasurer under subsection
(l), the county treasurer may terminate the agreement after
providing thirty (30) days written notice to the owner. If the county
treasurer gives notice under this subsection, the extended period
for redemption established under subsection (l) expires thirty (30)
days after the date of the notice.
SOURCE: IC 36-2-6-23; (11)EH1244.3.29. -->
SECTION 29. IC 36-2-6-23 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 23. (a) This section does not apply to a county having
a consolidated city.
(b) The executive of a county may not submit an application for:
(1) federal grant funds available under any federal grant
program; or
(2) grants payable from federal funds allocated to the state for
distribution to units of local government;
that financially obligate the county or require an appropriation by
the county to match the grant unless the application is first
approved by resolution of the county fiscal body.
SOURCE: IC 36-7-14-0.5; (11)EH1244.3.30. -->
SECTION 30. IC 36-7-14-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.5. (a) The definitions in this
section apply throughout this chapter.
(b) "Obligation" means any bond, note, warrant, lease, or other
obligation pursuant to which money is borrowed.
(c) "Public funds" means all fees and funds of whatever kind or
character coming into the possession of the:
(1) redevelopment commission; or
(2) department of redevelopment.
SOURCE: IC 36-7-14-2.5; (11)EH1244.3.31. -->
SECTION 31. IC 36-7-14-2.5, AS AMENDED BY P.L.221-2007,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2.5. (a) The assessment, planning, replanning,
remediation, development, and redevelopment of economic
development areas:
(1) are public and governmental functions that cannot be
accomplished through the ordinary operations of private
enterprise because of:
(A) the necessity for requiring the proper use of the land so as
to best serve the interests of the county and its citizens; and
(B) the costs of these projects;
(2) will:
(A) benefit the public health, safety, morals, and welfare;
(B) increase the economic well-being of the unit and the state;
and
(C) serve to protect and increase property values in the unit
and the state; and
(3) are public uses and purposes for which public money may be
spent and private property may be acquired.
(b) This section and sections 41 and 43 of this chapter shall be
liberally construed to carry out the purposes of this section.
(c) Except as provided in subsection (d), a redevelopment
commission may not enter into any obligation payable from public
funds without first obtaining the approval, by ordinance or
resolution, of the legislative body of the unit.
(d) A redevelopment commission is not required to obtain the
approval of the legislative body of the unit under this section if:
(1) the obligation is for the acquisition of real property under
this chapter; and
(2) the agreement to acquire the real property requires the
redevelopment commission to either:
(A) make payments for the real property to be acquired for
a term of less than three (3) years; or
(B) purchase the real property for a cost of less than five
million dollars ($5,000,000).
A redevelopment commission may not enter into an obligation
payable from public funds, other than an obligation described in
this subsection, unless the redevelopment commission first obtains
the approval of the legislative body of the unit as provided in
subsection (c).
(e) The approving ordinance or resolution of a legislative body
must include the following:
(1) The maximum amount of the obligation.
(2) The maximum interest rate or rates, any provisions for
redemption prior to maturity, and any provisions for the
payment of capitalized interest associated with the obligation.
(3) The maximum term of the obligation.
SOURCE: IC 36-7-14-3; (11)EH1244.3.32. -->
SECTION 32. IC 36-7-14-3, AS AMENDED BY P.L.190-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) A unit may establish a department of
redevelopment controlled by a board of five (5) members to be known
as "__________ Redevelopment Commission", designating the name
of the municipality or county. However, in the case of a county, the
county executive may adopt an ordinance providing that the county
redevelopment commission consists of seven (7) members.
(b) A redevelopment commission and a department of
redevelopment are subject to the oversight of the legislative body
of the unit, including review by the legislative body of annual
budgets. A redevelopment commission is a public agency for
purposes of IC 5-14-1.5 and IC 5-14-3 and a municipality for
purposes of IC 5-11-1.
(b) (c) Subject to section 3.5 of this chapter, all of the territory
within the corporate boundaries of a municipality constitutes a taxing
district for the purpose of levying and collecting special benefit taxes
for redevelopment purposes as provided in this chapter. Subject to
section 3.5 of this chapter, all of the territory in a county, except that
within a municipality that has a redevelopment commission, constitutes
a taxing district for a county.
(c) (d) All of the taxable property within a taxing district is
considered to be benefited by redevelopment projects carried out under
this chapter to the extent of the special taxes levied under this chapter.
SOURCE: IC 36-7-14-8; (11)EH1244.3.33. -->
SECTION 33. IC 36-7-14-8, AS AMENDED BY P.L.190-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) The redevelopment commissioners shall
hold a meeting for the purpose of organization not later than thirty (30)
days after they are appointed and, after that, each year on the first day
in January that is not a Saturday, a Sunday, or a legal holiday. They
shall choose one (1) of their members as president, another as vice
president, and another as secretary. These officers shall perform the
duties usually pertaining to their offices and shall serve from the date
of their election until their successors are elected and qualified.
(b) The redevelopment commission may appoint a treasurer who
need not be a member of the redevelopment commission. The
redevelopment commission may provide for the payment of
compensation to a treasurer who is not a member of the redevelopment
commission. Notwithstanding any other provision of this chapter, the
treasurer has charge over and is responsible for the administration,
investment, and disbursement of all funds and accounts of the
redevelopment commission in accordance with the requirements of this
chapter. However, the treasurer may not perform any duties of the
fiscal officer or any other officer of the unit that are prescribed by
section 24 of this chapter or by any provisions of this chapter that
pertain to the issuance and sale of bonds, notes, or warrants of the
special taxing district. The treasurer shall report quarterly to the
fiscal officer of the unit.
(c) The redevelopment commissioners may adopt the rules and
bylaws they consider necessary for the proper conduct of their
proceedings, the carrying out of their duties, and the safeguarding of
the money and property placed in their custody by this chapter. In
addition to the annual meeting, the commissioners may, by resolution
or in accordance with their rules and bylaws, prescribe the date and
manner of notice of other regular or special meetings.
(d) This subsection does not apply to a county redevelopment
commission that consists of seven (7) members. Three (3) of the
redevelopment commissioners constitute a quorum, and the
concurrence of three (3) commissioners is necessary to authorize any
action.
(e) This subsection applies only to a county redevelopment
commission that consists of seven (7) members. Four (4) of the
redevelopment commissioners constitute a quorum, and the
concurrence of four (4) commissioners is necessary to authorize any
action.
SOURCE: IC 36-7-14-12.2; (11)EH1244.3.34. -->
SECTION 34. IC 36-7-14-12.2, AS AMENDED BY P.L.221-2007,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12.2. (a) The redevelopment commission may do
the following:
(1) Acquire by purchase, exchange, gift, grant, condemnation, or
lease, or any combination of methods, any personal property or
interest in real property needed for the redevelopment of areas
needing redevelopment that are located within the corporate
boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract, or
other instrument), exchange, lease, rent, or otherwise dispose of
property acquired for use in the redevelopment of areas needing
redevelopment on the terms and conditions that the commission
considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real property
acquired for redevelopment purposes to any other department of
the unit or to any other governmental agency for public ways,
levees, sewerage, parks, playgrounds, schools, and other public
purposes on any terms that may be agreed on.
(4) Clear real property acquired for redevelopment purposes.
(5) Enter on or into, inspect, investigate, and assess real property
and structures acquired or to be acquired for redevelopment
purposes to determine the existence, source, nature, and extent of
any environmental contamination, including the following:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(6) Remediate environmental contamination, including the
following, found on any real property or structures acquired for
redevelopment purposes:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(7) Repair and maintain structures acquired for redevelopment
purposes.
(8) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired for redevelopment purposes.
(9) Survey or examine any land to determine whether it should be
included within an area needing redevelopment to be acquired for
redevelopment purposes and to determine the value of that land.
(10) Appear before any other department or agency of the unit, or
before any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for
redevelopment purposes; or
(B) any area needing redevelopment within the jurisdiction of
the commissioners.
(11) Institute or defend in the name of the unit any civil action.
(12) Use any legal or equitable remedy that is necessary or
considered proper to protect and enforce the rights of and perform
the duties of the department of redevelopment.
(13) Exercise the power of eminent domain in the name of and
within the corporate boundaries of the unit in the manner
prescribed by section 20 of this chapter.
(14) Appoint an executive director, appraisers, real estate experts,
engineers, architects, surveyors, and attorneys.
(15) Appoint clerks, guards, laborers, and other employees the
commission considers advisable, except that those appointments
must be made in accordance with the merit system of the unit if
such a system exists.
(16) Prescribe the duties and regulate the compensation of
employees of the department of redevelopment.
(17) Provide a pension and retirement system for employees of
the department of redevelopment by using the Indiana public
employees' retirement fund or a retirement plan approved by the
United States Department of Housing and Urban Development.
(18) Discharge and appoint successors to employees of the
department of redevelopment subject to subdivision (15).
(19) Rent offices for use of the department of redevelopment, or
accept the use of offices furnished by the unit.
(20) Equip the offices of the department of redevelopment with
the necessary furniture, furnishings, equipment, records, and
supplies.
(21) Expend, on behalf of the special taxing district, all or any
part of the money of the special taxing district.
(22) Contract for the construction of:
(A) local public improvements (as defined in IC 36-7-14.5-6)
or structures that are necessary for redevelopment of areas
needing redevelopment or economic development within the
corporate boundaries of the unit; or
(B) any structure that enhances development or economic
development.
(23) Contract for the construction, extension, or improvement of
pedestrian skyways.
(24) Accept loans, grants, and other forms of financial assistance
from the federal government, the state government, a municipal
corporation, a special taxing district, a foundation, or any other
source.
(25) Provide financial assistance (including grants and loans) to
enable individuals and families to purchase or lease residential
units within the district. However, financial assistance may be
provided only to individuals and families whose income is at or
below the unit's median income for individuals and families,
respectively.
(26) Provide financial assistance (including grants and loans) to
neighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes described in
subdivision (25); or
(B) construct, rehabilitate, or repair commercial property
within the district.
(27) Require as a condition of financial assistance to the owner of
a multiple unit residential structure that any of the units leased by
the owner must be leased:
(A) for a period to be determined by the commission, which
may not be less than five (5) years;
(B) to families whose income does not exceed eighty percent
(80%) of the unit's median income for families; and
(C) at an affordable rate.
(b) Conditions imposed by the commission under subsection (a)(27)
remain in force throughout the period determined under subsection
(a)(27)(A), even if the owner sells, leases, or conveys the property. The
subsequent owner or lessee is bound by the conditions for the
remainder of the period.
(c) As used in this section, "pedestrian skyway" means a pedestrian
walkway within or outside of the public right-of-way and through and
above public or private property and buildings, including all structural
supports required to connect skyways to buildings or buildings under
construction. Pedestrian skyways constructed, extended, or improved
over or through public or private property constitute public property
and public improvements, constitute a public use and purpose, and do
not require vacation of any public way or other property.
(d) All powers that may be exercised under this chapter by the
redevelopment commission may also be exercised by the
redevelopment commission in carrying out its duties and purposes
under IC 36-7-14.5.
However, if a power pertains to issuing bonds
or incurring an obligation, the exercise of the power must first be
specifically approved by the legislative body of the unit.
SOURCE: IC 36-7-14-13; (11)EH1244.3.35. -->
SECTION 35. IC 36-7-14-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. (a) Within thirty
(30) days after the close of each calendar year, the redevelopment
commissioners shall file with the unit's executive a report setting out
their activities during the preceding calendar year.
(b) The report of the commissioners of a municipal redevelopment
commission must show the names of the then qualified and acting
commissioners, the names of the officers of that body, the number of
regular employees and their fixed salaries or compensation, the amount
of the expenditures made during the preceding year and their general
purpose, the amount of funds on hand at the close of the calendar year,
and other information necessary to disclose the activities of the
commissioners and the results obtained.
(c) The report of the commissioners of a county redevelopment
commission must show all the information required by subsection (b),
plus the names of any commissioners appointed to or removed from
office during the preceding calendar year.
(d) A redevelopment commission and a department of
redevelopment are subject to the same laws, rules, and ordinances
of a general nature that apply to all other commissions or
departments of the unit.
SOURCE: IC 36-7-14-19; (11)EH1244.3.36. -->
SECTION 36. IC 36-7-14-19, AS AMENDED BY P.L.185-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 19. (a) If no appeal is taken or if an appeal is
taken but is unsuccessful, the redevelopment commission shall proceed
with the proposed project to the extent that money is available for that
purpose.
(b) The redevelopment commission shall first approve and adopt a
list of the real property and interests in real property to be acquired and
the price to be offered to the owner of each parcel of interest. The
prices to be offered may not exceed the average of two (2) independent
appraisals of fair market value procured by the commission except that
appraisals are not required in transactions with other governmental
agencies. However, if the real property is less than five (5) acres in size
and the fair market value of the real property or interest has been
appraised by one (1) independent appraiser at less than ten thousand
dollars ($10,000), the second appraisal may be made by a qualified
employee of the department of redevelopment. The prices indicated on
the list may not be exceeded unless specifically authorized by the
commission or ordered by a court in condemnation proceedings. The
commission may except from acquisition any real property in the area
if the commission finds that such an acquisition is not necessary under
the redevelopment plan. Appraisals made under this section are for the
information of the commission and are not open for public inspection.
(c) Negotiations for the purchase of property may be carried on
directly by the redevelopment commission, by its employees, or by
expert negotiations, but no option, contract, or understanding relative
to the purchase of real property is binding on the commission until
approved and accepted by the commission in writing. The commission
may authorize the payment of a nominal fee to bind an option and as a
part of the consideration for conveyance may agree to pay the expense
incident to the conveyance and determination of the title of the
property. Payment for the property purchased shall be made when and
as directed by the commission but only on delivery of proper
instruments conveying the title or interest of the owner to the "City
(Town or County) of ______________ for the use and benefit of its
department of redevelopment". Notwithstanding the other provisions
of this subsection, any agreement by the commission to:
(1) make payments for the property to be purchased over a
term exceeding three (3) years; or
(2) pay a purchase price for the property that exceeds five
million dollars ($5,000,000);
is subject to the approval of the legislative body of the unit.
(d) All real property and interests in real property acquired by the
redevelopment commission are free and clear of all liens, assessments,
and other governmental charges except for current property taxes,
which shall be prorated to the date of acquisition.
(e) Notwithstanding subsections (a) through (d), the redevelopment
commission may, before the time referred to in this section, accept gifts
of property needed for the redevelopment of redevelopment project
areas if the property is free and clear of all liens other than taxes,
assessments, and other governmental charges. The commission may,
before the time referred to in this section, take options on or contract
for the acquisition of property needed for the redevelopment of
redevelopment project areas if the options and contracts are not binding
on the commission or the district until the time referred to in this
section and until money is available to pay the consideration set out in
the options or contracts.
SOURCE: IC 36-7-14-22.5; (11)EH1244.3.37. -->
SECTION 37. IC 36-7-14-22.5, AS ADDED BY P.L.169-2006,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 22.5. (a) This section applies to the following:
(1) Real property:
(A) that was acquired by the commission to carry out a
redevelopment project, an economic development area project,
or an urban renewal project; and
(B) relative to which the commission has, at a public hearing,
decided that the real property is not needed to complete the
redevelopment activity, an economic development activity, or
urban renewal activity in the project area.
(2) Real property acquired under this chapter that is not in a
redevelopment project area, economic development area, or an
urban renewal project area.
(3) Parcels of property secured from the county under
IC 6-1.1-25-9(e) that were acquired by the county under
IC 6-1.1-24 and IC 6-1.1-25.
(4) Real property donated or transferred to the commission to be
held and disposed of under this section.
However, this section does not apply to property acquired under section
32.5 of this chapter.
(b) The commission may do the following to or for real property
described in subsection (a):
(1) Examine, classify, manage, protect, insure, and maintain the
property.
(2) Eliminate deficiencies (including environmental deficiencies),
carry out repairs, remove structures, and make improvements.
(3) Control the use of the property.
(4) Lease the property.
(5) Use any powers under section 12.2 of this chapter in relation
to the property.
(c) The commission may enter into contracts to carry out part or all
of the functions described in subsection (b).
(d) The commission may extinguish all delinquent taxes, special
assessments, and penalties relative to real property donated to the
commission to be held and disposed of under this section. The
commission shall provide the county auditor with a list of the real
property on which delinquent taxes, special assessments, and penalties
are extinguished under this subsection.
(e) Subject to the prior approval by the legislative body of the
unit, real property described in subsection (a) may be sold, exchanged,
transferred, granted, donated, or otherwise disposed of in any of the
following ways:
(1) In accordance with section 22, 22.2, 22.6, or 22.7 of this
chapter.
(2) In accordance with the provisions authorizing an urban
homesteading program under IC 36-7-17.
The commission shall provide to the legislative body at the public
meeting all the information supporting the action the commission
proposes to take under this subsection, including any terms and
conditions the commission would have to agree to in order to carry
out the action.
(f) In disposing of real property under subsection (e), the
commission may:
(1) group together properties for disposition in a manner that will
best serve the interest of the community, from the standpoint of
both human and economic welfare; and
(2) group together nearby or similar properties to facilitate
convenient disposition.
SOURCE: IC 36-7-14-25.1; (11)EH1244.3.38. -->
SECTION 38. IC 36-7-14-25.1, AS AMENDED BY P.L.146-2008,
SECTION 732, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 25.1. (a) In addition to other
methods of raising money for property acquisition or redevelopment in
a redevelopment project area, and in anticipation of the special tax to
be levied under section 27 of this chapter, the taxes allocated under
section 39 of this chapter, or other revenues of the district, or any
combination of these sources, the redevelopment commission may, by
bond resolution and subject to subsection subsections (c) and (p),
issue the bonds of the special taxing district in the name of the unit.
The amount of the bonds may not exceed the total, as estimated by the
commission, of all expenses reasonably incurred in connection with the
acquisition and redevelopment of the property, including:
(1) the total cost of all land, rights-of-way, and other property to
be acquired and redeveloped;
(2) all reasonable and necessary architectural, engineering, legal,
financing, accounting, advertising, bond discount, and
supervisory expenses related to the acquisition and redevelopment
of the property or the issuance of bonds;
(3) capitalized interest permitted by this chapter and a debt
service reserve for the bonds to the extent the redevelopment
commission determines that a reserve is reasonably required; and
(4) expenses that the redevelopment commission is required or
permitted to pay under IC 8-23-17.
(b) If the redevelopment commission plans to acquire different
parcels of land or let different contracts for redevelopment work at
approximately the same time, whether under one (1) or more
resolutions, the commission may provide for the total cost in one (1)
issue of bonds.
(c) The legislative body of the unit must adopt a resolution that
includes the maximum principal amount, term, any provision for
redemption prior to maturity, maximum interest rate or rates, any
provisions for the payment of capitalized interest, public purpose
of the bond, and the use of its proceeds. The bonds must be dated as
set forth in the bond resolution and negotiable, subject to the
requirements of the bond resolution for registering the bonds. The
resolution authorizing the bonds must state:
(1) the denominations of the bonds;
(2) the place or places at which the bonds are payable; and
(3) the term of the bonds, which may not exceed:
(A) fifty (50) years, for bonds issued before July 1, 2008;
(B) thirty (30) years, for bonds issued after June 30, 2008, to
finance:
(i) an integrated coal gasification powerplant (as defined in
IC 6-3.1-29-6);
(ii) a part of an integrated coal gasification powerplant (as
defined in IC 6-3.1-29-6); or
(iii) property used in the operation or maintenance of an
integrated coal gasification powerplant (as defined in
IC 6-3.1-29-6);
that received a certificate of public convenience and necessity
from the Indiana utility regulatory commission under
IC 8-1-8.5 et seq. before July 1, 2008; or
(C) twenty-five (25) years, for bonds issued after June 30,
2008, that are not described in clause (B).
The bond resolution may also state that the bonds are redeemable
before maturity with or without a premium, as determined by the
redevelopment commission.
(d) The redevelopment commission shall certify a copy of the
resolution authorizing the bonds to the municipal or county fiscal
officer, who shall then prepare the bonds, subject to subsection (p). The
seal of the unit must be impressed on the bonds, or a facsimile of the
seal must be printed on the bonds.
(e) The bonds must be executed by the appropriate officer of the
unit and attested by the municipal or county fiscal officer.
(f) The bonds are exempt from taxation for all purposes.
(g) The municipal or county fiscal officer shall give notice of the
sale of the bonds by publication in accordance with IC 5-3-1. The
municipal fiscal officer, or county fiscal officer or executive, shall sell
the bonds to the highest bidder, but may not sell them for less than
ninety-seven percent (97%) of their par value. However, bonds payable
solely or in part from tax proceeds allocated under section 39(b)(2) of
this chapter, or other revenues of the district may be sold at a private
negotiated sale.
(h) Except as provided in subsection (i), a redevelopment
commission may not issue the bonds when the total issue, including
bonds already issued and to be issued, exceeds two percent (2%) of the
adjusted value of the taxable property in the special taxing district, as
determined under IC 36-1-15.
(i) The bonds are not a corporate obligation of the unit but are an
indebtedness of the taxing district. The bonds and interest are payable,
as set forth in the bond resolution of the redevelopment commission:
(1) from a special tax levied upon all of the property in the taxing
district, as provided by section 27 of this chapter;
(2) from the tax proceeds allocated under section 39(b)(2) of this
chapter;
(3) from other revenues available to the redevelopment
commission; or
(4) from a combination of the methods stated in subdivisions (1)
through (3).
If the bonds are payable solely from the tax proceeds allocated under
section 39(b)(2) of this chapter, other revenues of the redevelopment
commission, or any combination of these sources, they may be issued
in any amount without limitation. the amount approved by the
legislative body in the resolution described in subsection (c).
(j) Proceeds from the sale of bonds may be used to pay the cost of
interest on the bonds for a period not to exceed five (5) years from the
date of issuance.
(k) All laws relating to the giving of notice of the issuance of bonds,
the giving of notice of a hearing on the appropriation of the proceeds
of the bonds, the right of taxpayers to appear and be heard on the
proposed appropriation, and the approval of the appropriation by the
department of local government finance apply to all bonds issued under
this chapter that are payable from the special benefits tax levied
pursuant to section 27 of this chapter or from taxes allocated under
section 39 of this chapter.
(l) All laws relating to:
(1) the filing of petitions requesting the issuance of bonds; and
(2) the right of:
(A) taxpayers and voters to remonstrate against the issuance of
bonds in the case of a proposed bond issue described by
IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a
proposed bond issue described by IC 6-1.1-20-3.5(a);
apply to bonds issued under this chapter except for bonds payable
solely from tax proceeds allocated under section 39(b)(2) of this
chapter, other revenues of the redevelopment commission, or any
combination of these sources.
(m) If a debt service reserve is created from the proceeds of bonds,
the debt service reserve may be used to pay principal and interest on
the bonds as provided in the bond resolution.
(n) Any amount remaining in the debt service reserve after all of the
bonds of the issue for which the debt service reserve was established
have matured shall be:
(1) deposited in the allocation fund established under section
39(b)(2) of this chapter; and
(2) to the extent permitted by law, transferred to the county or
municipality that established the department of redevelopment for
use in reducing the county's or municipality's property tax levies
for debt service.
(o) If bonds are issued under this chapter that are payable solely or
in part from revenues to the redevelopment commission from a project
or projects, the redevelopment commission may adopt a resolution or
trust indenture or enter into covenants as is customary in the issuance
of revenue bonds. The resolution or trust indenture may pledge or
assign the revenues from the project or projects, but may not convey or
mortgage any project or parts of a project. The resolution or trust
indenture may also contain any provisions for protecting and enforcing
the rights and remedies of the bond owners as may be reasonable and
proper and not in violation of law, including covenants setting forth the
duties of the redevelopment commission. The redevelopment
commission may establish fees and charges for the use of any project
and covenant with the owners of any bonds to set those fees and
charges at a rate sufficient to protect the interest of the owners of the
bonds. Any revenue bonds issued by the redevelopment commission
that are payable solely from revenues of the commission shall contain
a statement to that effect in the form of bond.
(p) If the total principal amount of bonds authorized by a resolution
of the redevelopment commission adopted before July 1, 2008, is equal
to or greater than three million dollars ($3,000,000), the bonds may not
be issued without the approval, by resolution, of the legislative body of
the unit. Bonds authorized in any principal amount by a resolution of
the redevelopment commission adopted after June 30, 2008, may not
be issued without the approval of the legislative body of the unit.
SOURCE: IC 36-7-14-25.2; (11)EH1244.3.39. -->
SECTION 39. IC 36-7-14-25.2, AS AMENDED BY P.L.146-2008,
SECTION 733, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 25.2. (a)
Subject to the prior
approval of the legislative body of the unit, a redevelopment
commission may enter into a lease of any property that could be
financed with the proceeds of bonds issued under this chapter with a
lessor for a term not to exceed:
(1) fifty (50) years, for a lease entered into before July 1, 2008; or
(2) twenty-five (25) years, for a lease entered into after June 30,
2008.
The lease may provide for payments to be made by the redevelopment
commission from special benefits taxes levied under section 27 of this
chapter, taxes allocated under section 39 of this chapter, any other
revenues available to the redevelopment commission, or any
combination of these sources.
(b) A lease may provide that payments by the redevelopment
commission to the lessor are required only to the extent and only for the
period that the lessor is able to provide the leased facilities in
accordance with the lease. The terms of each lease must be based upon
the value of the facilities leased and may not create a debt of the unit
or the district for purposes of the Constitution of the State of Indiana.
(c) A lease may be entered into by the redevelopment commission
only after a public hearing by the redevelopment commission at which
all interested parties are provided the opportunity to be heard. After the
public hearing, the redevelopment commission may adopt a resolution
authorizing the execution of the lease on behalf of the unit if it finds
that the service to be provided throughout the term of the lease will
serve the public purpose of the unit and is in the best interests of its
residents. Any lease approved by a resolution of the redevelopment
commission must
also be approved by an ordinance of the fiscal body
of the unit.
The approving ordinance or resolution of a legislative
body must include the following:
(1) The maximum annual lease rental for the lease.
(2) The maximum interest rate or rates, any provisions for
redemption prior to maturity, and any provisions for the
payment of capitalized interest associated with the lease.
(3) The maximum term of the lease.
(d) Upon execution of a lease providing for payments by the
redevelopment commission in whole or in part from the levy of special
benefits taxes under section 27 of this chapter and upon approval of the
lease by the unit's fiscal body, the redevelopment commission shall
publish notice of the execution of the lease and its approval in
accordance with IC 5-3-1. Fifty (50) or more taxpayers residing in the
redevelopment district who will be affected by the lease and who may
be of the opinion that no necessity exists for the execution of the lease
or that the payments provided for in the lease are not fair and
reasonable may file a petition in the office of the county auditor within
thirty (30) days after the publication of the notice of execution and
approval. The petition must set forth the petitioners' names, addresses,
and objections to the lease and the facts showing that the execution of
the lease is unnecessary or unwise or that the payments provided for in
the lease are not fair and reasonable, as the case may be.
(e) Upon the filing of the petition, the county auditor shall
immediately certify a copy of it, together with such other data as may
be necessary in order to present the questions involved, to the
department of local government finance. Upon receipt of the certified
petition and information, the department of local government finance
shall fix a time and place for a hearing in the redevelopment district,
which must be not less than five (5) or more than thirty (30) days after
the time is fixed. Notice of the hearing shall be given by the department
of local government finance to the members of the fiscal body, to the
redevelopment commission, and to the first fifty (50) petitioners on the
petition by a letter signed by the commissioner or deputy commissioner
of the department and enclosed with fully prepaid postage sent to those
persons at their usual place of residence, at least five (5) days before
the date of the hearing. The decision of the department of local
government finance on the appeal, upon the necessity for the execution
of the lease, and as to whether the payments under it are fair and
reasonable, is final.
(f) A redevelopment commission entering into a lease payable from
allocated taxes under section 39 of this chapter or other available funds
of the redevelopment commission may:
(1) pledge the revenue to make payments under the lease pursuant
to IC 5-1-14-4; and
(2) establish a special fund to make the payments.
(g) Lease rentals may be limited to money in the special fund so that
the obligations of the redevelopment commission to make the lease
rental payments are not considered debt of the unit or the district for
purposes of the Constitution of the State of Indiana.
(h) Except as provided in this section, no approvals of any
governmental body or agency are required before the redevelopment
commission enters into a lease under this section.
(i) An action to contest the validity of the lease or to enjoin the
performance of any of its terms and conditions must be brought within
thirty (30) days after the publication of the notice of the execution and
approval of the lease. However, if the lease is payable in whole or in
part from tax levies and an appeal has been taken to the department of
local government finance, an action to contest the validity or enjoin the
performance must be brought within thirty (30) days after the decision
of the department.
(j) If a redevelopment commission exercises an option to buy a
leased facility from a lessor, the redevelopment commission may
subsequently sell the leased facility, without regard to any other statute,
to the lessor at the end of the lease term at a price set forth in the lease
or at fair market value established at the time of the sale by the
redevelopment commission through auction, appraisal, or arms length
negotiation. If the facility is sold at auction, after appraisal, or through
negotiation, the redevelopment commission shall conduct a hearing
after public notice in accordance with IC 5-3-1 before the sale. Any
action to contest the sale must be brought within fifteen (15) days of
the hearing.
SOURCE: IC 36-7-14-27; (11)EH1244.3.40. -->
SECTION 40. IC 36-7-14-27, AS AMENDED BY P.L.146-2008,
SECTION 734, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 27. (a) This section applies only to:
(1) bonds that are issued under section 25.1 of this chapter; and
(2) leases entered into under section 25.2 of this chapter;
which are payable from a special tax levied upon all of the property in
the special taxing district. This section does not apply to bonds or
leases that are payable solely from tax proceeds allocated under section
39(b)(2) of this chapter, other revenues of the redevelopment
commission, or any combination of these sources.
(b) The redevelopment commission, with the approval of the
legislative body, shall levy each year a special tax on all of the
property of the redevelopment taxing district, in such a manner as to
meet and pay the principal of the bonds as they mature, together with
all accruing interest on the bonds or lease rental payments under
section 25.2 of this chapter. The commission shall cause the tax levied
to be certified to the proper officers as other tax levies are certified, and
to the auditor of the county in which the redevelopment district is
located, before the second day of October in each year. The tax shall be
estimated and entered on the tax duplicate by the county auditor and
shall be collected and enforced by the county treasurer in the same
manner as other state and county taxes are estimated, entered,
collected, and enforced. The amount of the tax levied to pay bonds or
lease rentals payable from the tax levied under this section shall be
reduced by any amount available in the allocation fund established
under section 39(b)(2) of this chapter or other revenues of the
redevelopment commission to the extent such revenues have been set
aside in the redevelopment bond fund.
(c) As the tax is collected, it shall be accumulated in a separate fund
to be known as the redevelopment district bond fund and shall be
applied to the payment of the bonds as they mature and the interest on
the bonds as it accrues, or to make lease payments and to no other
purpose. All accumulations of the fund before their use for the payment
of bonds and interest or to make lease payments shall be deposited with
the depository or depositories for other public funds of the unit in
accordance with IC 5-13, unless they are invested under IC 5-13-9.
(d) If there are no outstanding bonds that are payable solely or in
part from tax proceeds allocated under section 39(b)(2) of this chapter
and that were issued to pay costs of redevelopment in an allocation area
that is located wholly or in part in the special taxing district, then all
proceeds from the sale or leasing of property in the allocation area
under section 22 of this chapter shall be paid into the redevelopment
district bond fund and become a part of that fund. In arriving at the tax
levy for any year, the redevelopment commission shall take into
account the amount of the proceeds deposited under this subsection and
remaining on hand.
(e) The tax levies provided for in this section are reviewable by
other bodies vested by law with the authority to ascertain that the levies
are sufficient to raise the amount that, with other amounts available, is
sufficient to meet the payments under the lease payable from the levy
of taxes.
SOURCE: IC 36-7-14-27.5; (11)EH1244.3.41. -->
SECTION 41. IC 36-7-14-27.5, AS AMENDED BY P.L.146-2008,
SECTION 735, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 27.5. (a) Subject to the prior
approval by the legislative body of the unit, the redevelopment
commission may borrow money in anticipation of receipt of the
proceeds of taxes levied for the redevelopment district bond fund and
not yet collected, and may evidence this borrowing by issuing warrants
of the redevelopment district. However, the aggregate principal amount
of warrants issued in anticipation of and payable from the same tax
levy or levies may not exceed an amount equal to eighty percent (80%)
of that tax levy or levies, as certified by the department of local
government finance, or as determined by multiplying the rate of tax as
finally approved by the total assessed valuation (after deducting all
mortgage deductions) within the redevelopment district, as most
recently certified by the county auditor.
(b) The warrants may be authorized and issued at any time after the
tax or taxes in anticipation of which they are issued have been levied
by the redevelopment commission. For purposes of this section, taxes
for any year are considered to be levied upon adoption by the
commission of a resolution prescribing the tax levies for the year.
However, the warrants may not be delivered and paid for before final
approval of the tax levy or levies by the county board of tax adjustment
or, if appealed, by the department of local government finance, unless
the issuance of the warrants has been approved by the department.
(c) All action that this section requires or authorizes the
redevelopment commission to take may be taken by resolution, which
need not be published or posted. The resolution takes effect
immediately upon its adoption by the redevelopment commission. An
action to contest the validity of tax anticipation warrants may not be
brought later than ten (10) days after the sale date.
(d) In their resolution authorizing the warrants, the redevelopment
commission must provide that the warrants mature at a time or times
not later than December 31 after the year in which the taxes in
anticipation of which the warrants are issued are due and payable.
(e) In their resolution authorizing the warrants, the redevelopment
commission may provide:
(1) the date of the warrants;
(2) the interest rate of the warrants;
(3) the time of interest payments on the warrants;
(4) the denomination of the warrants;
(5) the form either registered or payable to bearer, of the warrants;
(6) the place or places of payment of the warrants, either inside or
outside the state;
(7) the medium of payment of the warrants;
(8) the terms of redemption, if any, of the warrants, at a price not
exceeding par value and accrued interest;
(9) the manner of execution of the warrants; and
(10) that all costs incurred in connection with the issuance of the
warrants may be paid from the proceeds of the warrants.
(f) The warrants shall be sold for not less than par value, after notice
inviting bids has been published under IC 5-3-1. The redevelopment
commission may also publish the notice in other newspapers or
financial journals.
(g) Warrants and the interest on them are not subject to any
limitation contained in section 25.1 of this chapter, and are payable
solely from the proceeds of the tax levy or levies in anticipation of
which the warrants were issued. The authorizing resolution must
pledge a sufficient amount of the proceeds of the tax levy or levies to
the payment of the warrants and the interest.
SOURCE: IC 36-7-14-39; (11)EH1244.3.42. -->
SECTION 42. IC 36-7-14-39, AS AMENDED BY
P.L.182-2009(ss), SECTION 404, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 39. (a) As used in this
section:
"Allocation area" means that part of a redevelopment project area
to which an allocation provision of a declaratory resolution adopted
under section 15 of this chapter refers for purposes of distribution and
allocation of property taxes.
"Base assessed value" means the following:
(1) If an allocation provision is adopted after June 30, 1995, in a
declaratory resolution or an amendment to a declaratory
resolution establishing an economic development area:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h); plus
(B) to the extent that it is not included in clause (A), the net
assessed value of property that is assessed as residential
property under the rules of the department of local government
finance, as finally determined for any assessment date after the
effective date of the allocation provision.
(2) If an allocation provision is adopted after June 30, 1997, in a
declaratory resolution or an amendment to a declaratory
resolution establishing a redevelopment project area:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h); plus
(B) to the extent that it is not included in clause (A), the net
assessed value of property that is assessed as residential
property under the rules of the department of local government
finance, as finally determined for any assessment date after the
effective date of the allocation provision.
(3) If:
(A) an allocation provision adopted before June 30, 1995, in
a declaratory resolution or an amendment to a declaratory
resolution establishing a redevelopment project area expires
after June 30, 1997; and
(B) after June 30, 1997, a new allocation provision is included
in an amendment to the declaratory resolution;
the net assessed value of all the property as finally determined for
the assessment date immediately preceding the effective date of
the allocation provision adopted after June 30, 1997, as adjusted
under subsection (h).
(4) Except as provided in subdivision (5), for all other allocation
areas, the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h).
(5) If an allocation area established in an economic development
area before July 1, 1995, is expanded after June 30, 1995, the
definition in subdivision (1) applies to the expanded part of the
area added after June 30, 1995.
(6) If an allocation area established in a redevelopment project
area before July 1, 1997, is expanded after June 30, 1997, the
definition in subdivision (2) applies to the expanded part of the
area added after June 30, 1997.
Except as provided in section 39.3 of this chapter, "property taxes"
means taxes imposed under IC 6-1.1 on real property. However, upon
approval by a resolution of the redevelopment commission adopted
before June 1, 1987, "property taxes" also includes taxes imposed
under IC 6-1.1 on depreciable personal property. If a redevelopment
commission adopted before June 1, 1987, a resolution to include within
the definition of property taxes taxes imposed under IC 6-1.1 on
depreciable personal property that has a useful life in excess of eight
(8) years, the commission may by resolution determine the percentage
of taxes imposed under IC 6-1.1 on all depreciable personal property
that will be included within the definition of property taxes. However,
the percentage included must not exceed twenty-five percent (25%) of
the taxes imposed under IC 6-1.1 on all depreciable personal property.
(b) A declaratory resolution adopted under section 15 of this chapter
on or before the allocation deadline determined under subsection (i)
may include a provision with respect to the allocation and distribution
of property taxes for the purposes and in the manner provided in this
section. A declaratory resolution previously adopted may include an
allocation provision by the amendment of that declaratory resolution on
or before the allocation deadline determined under subsection (i) in
accordance with the procedures required for its original adoption. A
declaratory resolution or an amendment that establishes an allocation
provision after June 30, 1995, must specify an expiration date for the
allocation provision. For an allocation area established before July 1,
2008, the expiration date may not be more than thirty (30) years after
the date on which the allocation provision is established. For an
allocation area established after June 30, 2008, the expiration date may
not be more than twenty-five (25) years after the date on which the first
obligation was incurred to pay principal and interest on bonds or lease
rentals on leases payable from tax increment revenues. However, with
respect to bonds or other obligations that were issued before July 1,
2008, if any of the bonds or other obligations that were scheduled when
issued to mature before the specified expiration date and that are
payable only from allocated tax proceeds with respect to the allocation
area remain outstanding as of the expiration date, the allocation
provision does not expire until all of the bonds or other obligations are
no longer outstanding. The allocation provision may apply to all or part
of the redevelopment project area. The allocation provision must
require that any property taxes subsequently levied by or for the benefit
of any public body entitled to a distribution of property taxes on taxable
property in the allocation area be allocated and distributed as follows:
(1) Except as otherwise provided in this section, the proceeds of
the taxes attributable to the lesser of:
(A) the assessed value of the property for the assessment date
with respect to which the allocation and distribution is made;
or
(B) the base assessed value;
shall be allocated to and, when collected, paid into the funds of
the respective taxing units.
(2) Except as otherwise provided in this section, property tax
proceeds in excess of those described in subdivision (1) shall be
allocated to the redevelopment district and, when collected, paid
into an allocation fund for that allocation area that may be used by
the redevelopment district only to do one (1) or more of the
following:
(A) Pay the principal of and interest on any obligations
payable solely from allocated tax proceeds which are incurred
by the redevelopment district for the purpose of financing or
refinancing the redevelopment of that allocation area.
(B) Establish, augment, or restore the debt service reserve for
bonds payable solely or in part from allocated tax proceeds in
that allocation area.
(C) Pay the principal of and interest on bonds payable from
allocated tax proceeds in that allocation area and from the
special tax levied under section 27 of this chapter.
(D) Pay the principal of and interest on bonds issued by the
unit to pay for local public improvements that are physically
located in or physically connected to that allocation area.
(E) Pay premiums on the redemption before maturity of bonds
payable solely or in part from allocated tax proceeds in that
allocation area.
(F) Make payments on leases payable from allocated tax
proceeds in that allocation area under section 25.2 of this
chapter.
(G) Reimburse the unit for expenditures made by it for local
public improvements (which include buildings, parking
facilities, and other items described in section 25.1(a) of this
chapter) that are physically located in or physically connected
to that allocation area.
(H) Reimburse the unit for rentals paid by it for a building or
parking facility that is physically located in or physically
connected to that allocation area under any lease entered into
under IC 36-1-10.
(I) For property taxes first due and payable before January 1,
2009, pay all or a part of a property tax replacement credit to
taxpayers in an allocation area as determined by the
redevelopment commission. This credit equals the amount
determined under the following STEPS for each taxpayer in a
taxing district (as defined in IC 6-1.1-1-20) that contains all or
part of the allocation area:
STEP ONE: Determine that part of the sum of the amounts
under IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2),
IC 6-1.1-21-2(g)(3), IC 6-1.1-21-2(g)(4), and
IC 6-1.1-21-2(g)(5) that is attributable to the taxing district.
STEP TWO: Divide:
(i) that part of each county's eligible property tax
replacement amount (as defined in IC 6-1.1-21-2) for that
year as determined under IC 6-1.1-21-4 that is attributable
to the taxing district; by
(ii) the STEP ONE sum.
STEP THREE: Multiply:
(i) the STEP TWO quotient; times
(ii) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that have been
allocated during that year to an allocation fund under this
section.
If not all the taxpayers in an allocation area receive the credit
in full, each taxpayer in the allocation area is entitled to
receive the same proportion of the credit. A taxpayer may not
receive a credit under this section and a credit under section
39.5 of this chapter (before its repeal) in the same year.
(J) Pay expenses incurred by the redevelopment commission
for local public improvements that are in the allocation area or
serving the allocation area. Public improvements include
buildings, parking facilities, and other items described in
section 25.1(a) of this chapter.
(K) Reimburse public and private entities for expenses
incurred in training employees of industrial facilities that are
located:
(i) in the allocation area; and
(ii) on a parcel of real property that has been classified as
industrial property under the rules of the department of local
government finance.
However, the total amount of money spent for this purpose in
any year may not exceed the total amount of money in the
allocation fund that is attributable to property taxes paid by the
industrial facilities described in this clause. The
reimbursements under this clause must be made within three
(3) years after the date on which the investments that are the
basis for the increment financing are made.
(L) Pay the costs of carrying out an eligible efficiency project
(as defined in IC 36-9-41-1.5) within the unit that established
the redevelopment commission. However, property tax
proceeds may be used under this clause to pay the costs of
carrying out an eligible efficiency project only if those
property tax proceeds exceed the amount necessary to do the
following:
(i) Make, when due, any payments required under clauses
(A) through (K), including any payments of principal and
interest on bonds and other obligations payable under this
subdivision, any payments of premiums under this
subdivision on the redemption before maturity of bonds, and
any payments on leases payable under this subdivision.
(ii) Make any reimbursements required under this
subdivision.
(iii) Pay any expenses required under this subdivision.
(iv) Establish, augment, or restore any debt service reserve
under this subdivision.
The allocation fund may not be used for operating expenses of the
commission.
(3) Except as provided in subsection (g), before July 15 of each
year the commission shall do the following:
(A) Determine the amount, if any, by which the assessed value
of the taxable property in the allocation area for the most
recent assessment date minus the base assessed value, when
multiplied by the estimated tax rate of the allocation area, will
exceed the amount of assessed value needed to produce the
property taxes necessary to make, when due, principal and
interest payments on bonds described in subdivision (2) plus
the amount necessary for other purposes described in
subdivision (2).
(B) Provide a written notice to the county auditor, the fiscal
body of the county or municipality that established the
department of redevelopment, and the officers who are
authorized to fix budgets, tax rates, and tax levies under
IC 6-1.1-17-5 for each of the other taxing units that is wholly
or partly located within the allocation area. The notice must:
(i) state the amount, if any, of excess assessed value that the
commission has determined may be allocated to the
respective taxing units in the manner prescribed in
subdivision (1); or
(ii) state that the commission has determined that there is no
excess assessed value that may be allocated to the respective
taxing units in the manner prescribed in subdivision (1).
The county auditor shall allocate to the respective taxing units
the amount, if any, of excess assessed value determined by the
commission. The commission may not authorize an allocation
of assessed value to the respective taxing units under this
subdivision if to do so would endanger the interests of the
holders of bonds described in subdivision (2) or lessors under
section 25.3 of this chapter.
(C) Obtain the approval of the legislative body of the unit
if the amount of excess assessed value determined by the
commission is expected to generate more than two hundred
percent (200%) of the amount of allocated tax proceeds
necessary to carry out the redevelopment or economic
development plan as adopted under this chapter. The
legislative body of the unit may modify the commission's
determination with respect to the amount of excess
assessed value that is in excess of two hundred percent
(200%) of the amount of allocated tax proceeds necessary
to carry out the redevelopment or economic development
plan.
(c) For the purpose of allocating taxes levied by or for any taxing
unit or units, the assessed value of taxable property in a territory in the
allocation area that is annexed by any taxing unit after the effective
date of the allocation provision of the declaratory resolution is the
lesser of:
(1) the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made; or
(2) the base assessed value.
(d) Property tax proceeds allocable to the redevelopment district
under subsection (b)(2) may, subject to subsection (b)(3), be
irrevocably pledged by the redevelopment district for payment as set
forth in subsection (b)(2).
(e) Notwithstanding any other law, each assessor shall, upon
petition of the redevelopment commission, reassess the taxable
property situated upon or in, or added to, the allocation area, effective
on the next assessment date after the petition.
(f) Notwithstanding any other law, the assessed value of all taxable
property in the allocation area, for purposes of tax limitation, property
tax replacement, and formulation of the budget, tax rate, and tax levy
for each political subdivision in which the property is located is the
lesser of:
(1) the assessed value of the property as valued without regard to
this section; or
(2) the base assessed value.
(g) If any part of the allocation area is located in an enterprise zone
created under IC 5-28-15, the unit that designated the allocation area
shall create funds as specified in this subsection. A unit that has
obligations, bonds, or leases payable from allocated tax proceeds under
subsection (b)(2) shall establish an allocation fund for the purposes
specified in subsection (b)(2) and a special zone fund. Such a unit
shall, until the end of the enterprise zone phase out period, deposit each
year in the special zone fund any amount in the allocation fund derived
from property tax proceeds in excess of those described in subsection
(b)(1) from property located in the enterprise zone that exceeds the
amount sufficient for the purposes specified in subsection (b)(2) for the
year. The amount sufficient for purposes specified in subsection (b)(2)
for the year shall be determined based on the pro rata portion of such
current property tax proceeds from the part of the enterprise zone that
is within the allocation area as compared to all such current property
tax proceeds derived from the allocation area. A unit that has no
obligations, bonds, or leases payable from allocated tax proceeds under
subsection (b)(2) shall establish a special zone fund and deposit all the
property tax proceeds in excess of those described in subsection (b)(1)
in the fund derived from property tax proceeds in excess of those
described in subsection (b)(1) from property located in the enterprise
zone. The unit that creates the special zone fund shall use the fund
(based on the recommendations of the urban enterprise association) for
programs in job training, job enrichment, and basic skill development
that are designed to benefit residents and employers in the enterprise
zone or other purposes specified in subsection (b)(2), except that where
reference is made in subsection (b)(2) to allocation area it shall refer
for purposes of payments from the special zone fund only to that part
of the allocation area that is also located in the enterprise zone. Those
programs shall reserve at least one-half (1/2) of their enrollment in any
session for residents of the enterprise zone.
(h) The state board of accounts and department of local government
finance shall make the rules and prescribe the forms and procedures
that they consider expedient for the implementation of this chapter.
After each general reassessment under IC 6-1.1-4, the department of
local government finance shall adjust the base assessed value one (1)
time to neutralize any effect of the general reassessment on the
property tax proceeds allocated to the redevelopment district under this
section. After each annual adjustment under IC 6-1.1-4-4.5, the
department of local government finance shall adjust the base assessed
value one (1) time to neutralize any effect of the annual adjustment on
the property tax proceeds allocated to the redevelopment district under
this section. However, the adjustments under this subsection may not
include the effect of property tax abatements under IC 6-1.1-12.1, and
these adjustments may not produce less property tax proceeds allocable
to the redevelopment district under subsection (b)(2) than would
otherwise have been received if the general reassessment or annual
adjustment had not occurred. The department of local government
finance may prescribe procedures for county and township officials to
follow to assist the department in making the adjustments.
(i) The allocation deadline referred to in subsection (b) is
determined in the following manner:
(1) The initial allocation deadline is December 31, 2011.
(2) Subject to subdivision (3), the initial allocation deadline and
subsequent allocation deadlines are automatically extended in
increments of five (5) years, so that allocation deadlines
subsequent to the initial allocation deadline fall on December 31,
2016, and December 31 of each fifth year thereafter.
(3) At least one (1) year before the date of an allocation deadline
determined under subdivision (2), the general assembly may enact
a law that:
(A) terminates the automatic extension of allocation deadlines
under subdivision (2); and
(B) specifically designates a particular date as the final
allocation deadline.
SOURCE: IC 36-7-14-43; (11)EH1244.3.43. -->
SECTION 43. IC 36-7-14-43, AS AMENDED BY P.L.146-2008,
SECTION 740, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 43. (a) All of the rights, powers,
privileges, and immunities that may be exercised by the commission in
a redevelopment project area or urban renewal area may be exercised
by the commission in an economic development area, subject to the
following:
(1) The content and manner of exercise of these rights, powers,
privileges, and immunities shall be determined by the purposes
and nature of an economic development area.
A right, power,
privilege, or immunity that pertains to issuing bonds or
incurring an obligation may not be exercised by a
redevelopment commission unless it is first specifically
authorized by the legislative body, regardless of any other
law.
(2) Real property (or interests in real property) relative to which
action is taken in an economic development area is not required
to meet the conditions described in IC 36-7-1-3.
(3) The special tax levied in accordance with section 27 of this
chapter may be used to carry out activities under this chapter in
economic development areas.
(4) Bonds may be issued in accordance with section 25.1 of this
chapter to defray expenses of carrying out activities under this
chapter in economic development areas if no other revenue
sources are available for this purpose.
(5) The tax exemptions set forth in section 37 of this chapter are
applicable in economic development areas.
(6) An economic development area may be an allocation area for
the purposes of distribution and allocation of property taxes.
(7) The commission may not use its power of eminent domain
under section 20 of this chapter to carry out activities under this
chapter in an economic development area.
(b) The content and manner of discharge of duties set forth in
section 11 of this chapter shall be determined by the purposes and
nature of an economic development area.
SOURCE: IC 36-7-14.5-7; (11)EH1244.3.44. -->
SECTION 44. IC 36-7-14.5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) A ____________
Redevelopment Authority (the blank to be filled in with a name
designated by the legislative body of the unit) may be created in the
unit as a separate body corporate and politic and as an instrumentality
of the unit to exercise any power granted to the authority under this
chapter.
(b) An authority may be created by ordinance of the legislative body
of the unit.
(c) An authority is a public agency for purposes of IC 5-14-1.5
and IC 5-14-3 and a municipality for purposes of IC 5-11-1.
SOURCE: IC 36-7-14.5-9; (11)EH1244.3.45. -->
SECTION 45. IC 36-7-14.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) Immediately after
January 15 of each year, the board shall hold an organizational
meeting. It shall elect one (1) of the members president, another vice
president, and another secretary-treasurer to perform the duties of those
offices. These officers serve from the date of their election and until
their successors are elected and qualified. The board may elect an
assistant secretary-treasurer.
The secretary-treasurer shall report
quarterly to the fiscal officer of the unit that established the
redevelopment authority.
(b) Special meetings may be called by the president of the board or
any two (2) members of the board.
(c) A majority of the members constitutes a quorum, and the
concurrence of a majority of the members is necessary to authorize any
action.
SOURCE: IC 36-7-14.5-13; (11)EH1244.3.46. -->
SECTION 46. IC 36-7-14.5-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. (a) Bonds issued
under IC 36-7-14 may be refunded as provided in this section.
(b) Subject to the prior approval of the legislative body of the
unit under IC 36-7-14-25.2, the commission may:
(1) lease all or a portion of a local public improvement or
improvements to the authority, which may be at a nominal lease
rental with a lease back to the commission, conditioned upon the
authority assuming bonds issued under IC 36-7-14 and issuing its
bonds to refund those bonds; and
(2) sell all or a portion of a local public improvement or
improvements to the authority for a price sufficient to provide for
the refunding of those bonds and lease back the local public
improvement or improvements from the authority.
SOURCE: IC 36-7-14.5-14; (11)EH1244.3.47. -->
SECTION 47. IC 36-7-14.5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14. (a) Before a lease
may be entered into, the commission must:
(1) find that the lease rental provided for is fair and reasonable;
and
(2) obtain the prior approval of the legislative body of the unit
under IC 36-7-14-25.2.
(b) A lease of local public improvements from the authority to the
commission:
(1) must comply with IC 36-7-14-25.2 or IC 36-7-30-20;
(2) may not require payment of lease rental for a newly
constructed local public improvement or for improvements to an
existing local public improvement except to the extent that the
local public improvement or improvements thereto have been
completed and are ready for occupancy or use;
(3) may contain provisions:
(A) allowing the commission to continue to operate an existing
local public improvement until completion of the
improvements, reconstruction, or renovation; and
(B) requiring payment of lease rentals for an existing local
public improvement being used, reconstructed, or renovated;
(4) may contain an option to renew the lease for the same or
shorter term on the conditions provided in the lease;
(5) must contain an option for the commission to purchase the
local public improvement upon the terms stated in the lease
during the term of the lease for a price equal to the amount
required to pay all indebtedness incurred on account of the local
public improvement, including indebtedness incurred for the
refunding of that indebtedness;
(6) may be entered into before acquisition or construction of a
local public improvement;
(7) may provide that the commission shall agree to:
(A) pay all taxes and assessments thereon;
(B) maintain insurance thereon for the benefit of the authority;
and
(C) assume responsibility for utilities, repairs, alterations, and
any costs of operation; and
(8) may provide that the lease rental payments by the commission
shall be made from any one (1) or more of the sources set forth in
IC 36-7-14-25.2 or IC 36-7-30-20.
SOURCE: IC 36-7-14.5-18; (11)EH1244.3.48. -->
SECTION 48. IC 36-7-14.5-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18. (a) The commission
may lease for a nominal lease rental, or sell to the authority, one (1) or
more local public improvements or portions thereof or land upon which
a local public improvement is located or is to be constructed.
(b) Any lease of all or a portion of a local public improvement by
the commission to the authority must be for a term equal to the term of
the lease of that local public improvement back to the redevelopment
commission.
(c) Subject to the prior approval of the legislative body of the
unit under IC 36-7-14-25.2, the commission may sell property to the
authority for such amount as it determines to be in the best interest of
the commission, which amount may be paid from the proceeds of
bonds of the authority.
SOURCE: IC 36-7-14.5-19; (11)EH1244.3.49. -->
SECTION 49. IC 36-7-14.5-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 19. (a) Subject to the
prior approval of the legislative body of the unit under
IC 36-7-14-25.2, the authority may issue bonds for the purpose of
obtaining money to pay the cost of:
(1) acquiring property;
(2) constructing, improving, reconstructing, or renovating one (1)
or more local public improvements; or
(3) funding or refunding bonds issued under this chapter or
IC 36-7-14.
(b) The bonds are payable solely from the lease rentals from the
lease of the local public improvement for which the bonds were issued,
insurance proceeds, and any other funds pledged or available.
(c) The bonds shall be authorized by a resolution of the board.
(d) The terms and form of the bonds shall either be set out in the
resolution or in a form of trust indenture approved by the resolution.
(e) The bonds shall mature within fifty (50) years.
(f) The board shall sell the bonds at public or private sale upon such
terms as determined by the board.
(g) All money received from any bonds issued under this chapter
shall be applied solely to the payment of the cost of the acquisition or
construction, or both, of local public improvements, or the cost of
refunding or refinancing outstanding bonds, for which the bonds are
issued. The cost may include:
(1) planning and development of the local public improvements
and all related buildings, facilities, structures, and improvements;
(2) acquisition of a site and clearing and preparing the site for
construction;
(3) equipment, facilities, structures, and improvements that are
necessary or desirable to make the local public improvements that
are necessary or desirable to make the local public improvements
suitable for use and operations;
(4) architectural, engineering, consultant, and attorney fees;
(5) incidental expenses in connection with the issuance and sale
of bonds;
(6) reserves for principal and interest;
(7) interest during construction and for a period thereafter
determined by the board, but in no event to exceed five (5) years;
(8) financial advisory fees;
(9) insurance during construction;
(10) municipal bond insurance, debt service reserve insurance,
letters of credit, or other credit enhancement; and
(11) in the case of refunding or refinancing, payment of the
principal of, redemption premiums, if any, and interest on, the
bonds being refunded or refinanced.
SOURCE: IC 36-7-14.5-21; (11)EH1244.3.50. -->
SECTION 50. IC 36-7-14.5-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 21. (a) The authority
may secure bonds issued under this chapter by a trust indenture
between the authority and a corporate trustee, which may be any trust
company or national or state bank within Indiana that has trust powers.
(b)
Subject to the prior approval of the legislative body under
IC 36-7-14-25.2, the trust indenture may:
(1) pledge or assign lease rentals, receipts, and income from
leased local public improvements, but may not mortgage land or
local public improvements;
(2) contain reasonable and proper provisions for protecting and
enforcing the rights and remedies of the bondholders, including
covenants setting forth the duties of the authority and board;
(3) set forth the rights and remedies of bondholders and trustee;
and
(4) restrict the individual right of action of bondholders.
(c) Any pledge or assignment made by the authority under this
section and approved by the legislative body of the unit is valid and
binding in accordance with IC 5-1-14-4 from the time that the pledge
or assignment is made, against all persons whether they have notice of
the lien or not. Any trust indenture by which a pledge is created or an
assignment need not be filed or recorded. The lien is perfected against
third parties in accordance with IC 5-1-14-4.
SOURCE: IC 36-7-14.5-22; (11)EH1244.3.51. -->
SECTION 51. IC 36-7-14.5-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 22. If the commission
exercises its option to purchase leased property, it may, subject to the
prior approval of the legislative body of the unit under
IC 36-7-14-25.1, issue its bonds as authorized by statute.
SOURCE: IC 36-7-15.1-3.5; (11)EH1244.3.52. -->
SECTION 52. IC 36-7-15.1-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.5. (a) The controller of the
consolidated city is the fiscal officer of a commission subject to this
chapter.
(b) The controller may obtain financial services on a contractual
basis for the purposes of carrying out the powers and duties of the
commission and protecting the public interests related to the
operations and funding of the commission. The controller has
charge over and is responsible for the administration, investment,
and disbursement of all funds and accounts of the authority in
accordance with the requirements of state law that apply to other
funds and accounts administered by the controller.
SOURCE: IC 36-7-15.1-12; (11)EH1244.3.53. -->
SECTION 53. IC 36-7-15.1-12, AS AMENDED BY P.L.185-2005,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. (a) If no appeal is taken, or if an appeal is
taken but is unsuccessful, the commission shall proceed with the
proposed project, to the extent that money is available for that purpose.
(b) The commission shall first approve and adopt a list of the real
property and interests in real property to be acquired, and the price to
be offered to the owner of each parcel or interests. The prices to be
offered may not exceed the average of two (2) independent appraisals
of fair market value procured by the commission, except that appraisals
are not required in transactions with other governmental agencies.
However, if the real property is less than five (5) acres in size and the
fair market value of the real property or interest has been appraised by
one (1) independent appraiser at less than ten thousand dollars
($10,000), the second appraisal may be made by a qualified employee
of the department. The prices indicated on the list may not be exceeded
unless specifically authorized by the commission under section 7 of
this chapter or ordered by a court in condemnation proceedings. The
commission may except from acquisition any real property in the area
if it finds that such an acquisition is not necessary under the
redevelopment plan. Appraisals made under this section are for the
information of the commission and are not open for public inspection.
(c) Negotiations for the purchase of property may be carried on
directly by the commission, by its employees, or by expert negotiators
employed for that purpose. The commission shall adopt a standard
form of option for use in negotiations, but no option, contract, or
understanding relative to the purchase of real property is binding on the
commission until approved and accepted by the commission in writing.
The commission may authorize the payment of a nominal fee to bind
an option, and as a part of the consideration for conveyance may agree
to pay the expense incident to the conveyance and determination of the
title of the property. Payment for the property purchased shall be made
when and as directed by the commission, but only on delivery of proper
instruments conveying the title or interest of the owner to "City of
__________ for the use and benefit of its Department of Metropolitan
Development". Notwithstanding the other provisions of this
subsection, any agreement by the commission to make payments
for the property purchased over a term exceeding five (5) years is
subject to the approval of the legislative body of the unit.
(d) Notwithstanding subsections (a) through (c), the commission
may, before the time referred to in this section, accept gifts of property
needed for the redevelopment of redevelopment project areas. The
commission may, before the time referred to in this section, take
options on or contract for the acquisition of property needed for the
redevelopment of redevelopment project areas if the options and
contracts are not binding on the commission or the redevelopment
district until the time referred to in this section and until money is
available to pay the consideration set out in the options or contracts.
(e) Section 15(a) through 15(h) of this chapter does not apply to
exchanges of real property (or interests in real property) in connection
with the acquisition of real property (or interests in real property) under
this section. In acquiring real property (or interests in real property)
under this section the commission may, as an alternative to offering
payment of money as specified in subsection (b), offer for the real
property (or interest in real property) that the commission desires to
acquire:
(1) exchange of real property or interests in real property owned
by the redevelopment district;
(2) exchange of real property or interests in real property owned
by the redevelopment district, along with the payment of money
by the commission; or
(3) exchange of real property or interests in real property owned
by the redevelopment district along with the payment of money by
the owner of the real property or interests in real property that the
commission desires to acquire.
The commission shall have the fair market value of the real property or
interests in real property owned by the redevelopment district appraised
as specified in section 15(b) of this chapter. The appraisers may not
also appraise the value of the real property or interests in real property
to be acquired by the redevelopment district. The commission shall
establish the nature of the offer to the owner based on the difference
between the average of the two (2) appraisals of the fair market value
of the real property or interests in real property to be acquired by the
commission and the average of the appraisals of fair market value of
the real property or interests in real property to be exchanged by the
commission.
SOURCE: IC 36-7-15.1-26; (11)EH1244.3.54. -->
SECTION 54. IC 36-7-15.1-26, AS AMENDED BY
P.L.182-2009(ss), SECTION 406, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 26. (a) As used in this
section:
"Allocation area" means that part of a redevelopment project area
to which an allocation provision of a resolution adopted under section
8 of this chapter refers for purposes of distribution and allocation of
property taxes.
"Base assessed value" means the following:
(1) If an allocation provision is adopted after June 30, 1995, in a
declaratory resolution or an amendment to a declaratory
resolution establishing an economic development area:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h); plus
(B) to the extent that it is not included in clause (A), the net
assessed value of property that is assessed as residential
property under the rules of the department of local government
finance, as finally determined for any assessment date after the
effective date of the allocation provision.
(2) If an allocation provision is adopted after June 30, 1997, in a
declaratory resolution or an amendment to a declaratory
resolution establishing a redevelopment project area:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h); plus
(B) to the extent that it is not included in clause (A), the net
assessed value of property that is assessed as residential
property under the rules of the department of local government
finance, as finally determined for any assessment date after the
effective date of the allocation provision.
(3) If:
(A) an allocation provision adopted before June 30, 1995, in
a declaratory resolution or an amendment to a declaratory
resolution establishing a redevelopment project area expires
after June 30, 1997; and
(B) after June 30, 1997, a new allocation provision is included
in an amendment to the declaratory resolution;
the net assessed value of all the property as finally determined for
the assessment date immediately preceding the effective date of
the allocation provision adopted after June 30, 1997, as adjusted
under subsection (h).
(4) Except as provided in subdivision (5), for all other allocation
areas, the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h).
(5) If an allocation area established in an economic development
area before July 1, 1995, is expanded after June 30, 1995, the
definition in subdivision (1) applies to the expanded part of the
area added after June 30, 1995.
(6) If an allocation area established in a redevelopment project
area before July 1, 1997, is expanded after June 30, 1997, the
definition in subdivision (2) applies to the expanded part of the
area added after June 30, 1997.
Except as provided in section 26.2 of this chapter, "property taxes"
means taxes imposed under IC 6-1.1 on real property. However, upon
approval by a resolution of the redevelopment commission adopted
before June 1, 1987, "property taxes" also includes taxes imposed
under IC 6-1.1 on depreciable personal property. If a redevelopment
commission adopted before June 1, 1987, a resolution to include within
the definition of property taxes taxes imposed under IC 6-1.1 on
depreciable personal property that has a useful life in excess of eight
(8) years, the commission may by resolution determine the percentage
of taxes imposed under IC 6-1.1 on all depreciable personal property
that will be included within the definition of property taxes. However,
the percentage included must not exceed twenty-five percent (25%) of
the taxes imposed under IC 6-1.1 on all depreciable personal property.
(b) A resolution adopted under section 8 of this chapter on or before
the allocation deadline determined under subsection (i) may include a
provision with respect to the allocation and distribution of property
taxes for the purposes and in the manner provided in this section. A
resolution previously adopted may include an allocation provision by
the amendment of that resolution on or before the allocation deadline
determined under subsection (i) in accordance with the procedures
required for its original adoption. A declaratory resolution or an
amendment that establishes an allocation provision after June 30, 1995,
must specify an expiration date for the allocation provision. For an
allocation area established before July 1, 2008, the expiration date may
not be more than thirty (30) years after the date on which the allocation
provision is established. For an allocation area established after June
30, 2008, the expiration date may not be more than twenty-five (25)
years after the date on which the first obligation was incurred to pay
principal and interest on bonds or lease rentals on leases payable from
tax increment revenues. However, with respect to bonds or other
obligations that were issued before July 1, 2008, if any of the bonds or
other obligations that were scheduled when issued to mature before the
specified expiration date and that are payable only from allocated tax
proceeds with respect to the allocation area remain outstanding as of
the expiration date, the allocation provision does not expire until all of
the bonds or other obligations are no longer outstanding. The allocation
provision may apply to all or part of the redevelopment project area.
The allocation provision must require that any property taxes
subsequently levied by or for the benefit of any public body entitled to
a distribution of property taxes on taxable property in the allocation
area be allocated and distributed as follows:
(1) Except as otherwise provided in this section, the proceeds of
the taxes attributable to the lesser of:
(A) the assessed value of the property for the assessment date
with respect to which the allocation and distribution is made;
or
(B) the base assessed value;
shall be allocated to and, when collected, paid into the funds of
the respective taxing units.
(2) Except as otherwise provided in this section, property tax
proceeds in excess of those described in subdivision (1) shall be
allocated to the redevelopment district and, when collected, paid
into a special fund for that allocation area that may be used by the
redevelopment district only to do one (1) or more of the
following:
(A) Pay the principal of and interest on any obligations
payable solely from allocated tax proceeds that are incurred by
the redevelopment district for the purpose of financing or
refinancing the redevelopment of that allocation area.
(B) Establish, augment, or restore the debt service reserve for
bonds payable solely or in part from allocated tax proceeds in
that allocation area.
(C) Pay the principal of and interest on bonds payable from
allocated tax proceeds in that allocation area and from the
special tax levied under section 19 of this chapter.
(D) Pay the principal of and interest on bonds issued by the
consolidated city to pay for local public improvements that are
physically located in or physically connected to that allocation
area.
(E) Pay premiums on the redemption before maturity of bonds
payable solely or in part from allocated tax proceeds in that
allocation area.
(F) Make payments on leases payable from allocated tax
proceeds in that allocation area under section 17.1 of this
chapter.
(G) Reimburse the consolidated city for expenditures for local
public improvements (which include buildings, parking
facilities, and other items set forth in section 17 of this
chapter) that are physically located in or physically connected
to that allocation area.
(H) Reimburse the unit for rentals paid by it for a building or
parking facility that is physically located in or physically
connected to that allocation area under any lease entered into
under IC 36-1-10.
(I) Reimburse public and private entities for expenses incurred
in training employees of industrial facilities that are located:
(i) in the allocation area; and
(ii) on a parcel of real property that has been classified as
industrial property under the rules of the department of local
government finance.
However, the total amount of money spent for this purpose in
any year may not exceed the total amount of money in the
allocation fund that is attributable to property taxes paid by the
industrial facilities described in this clause. The
reimbursements under this clause must be made within three
(3) years after the date on which the investments that are the
basis for the increment financing are made.
(J) Pay the costs of carrying out an eligible efficiency project
(as defined in IC 36-9-41-1.5) within the unit that established
the redevelopment commission. However, property tax
proceeds may be used under this clause to pay the costs of
carrying out an eligible efficiency project only if those
property tax proceeds exceed the amount necessary to do the
following:
(i) Make, when due, any payments required under clauses
(A) through (I), including any payments of principal and
interest on bonds and other obligations payable under this
subdivision, any payments of premiums under this
subdivision on the redemption before maturity of bonds, and
any payments on leases payable under this subdivision.
(ii) Make any reimbursements required under this
subdivision.
(iii) Pay any expenses required under this subdivision.
(iv) Establish, augment, or restore any debt service reserve
under this subdivision.
The special fund may not be used for operating expenses of the
commission.
(3) Before July 15 of each year, the commission shall do the
following:
(A) Determine the amount, if any, by which the assessed value
of the taxable property in the allocation area for the most
recent assessment date minus the base assessed value, when
multiplied by the estimated tax rate of the allocation area, will
exceed the amount of assessed value needed to provide the
property taxes necessary to make, when due, principal and
interest payments on bonds described in subdivision (2) plus
the amount necessary for other purposes described in
subdivision (2) and subsection (g).
(B) Provide a written notice to the county auditor, the
legislative body of the consolidated city, and the officers who
are authorized to fix budgets, tax rates, and tax levies under
IC 6-1.1-17-5 for each of the other taxing units that is wholly
or partly located within the allocation area. The notice must:
(i) state the amount, if any, of excess assessed value that the
commission has determined may be allocated to the
respective taxing units in the manner prescribed in
subdivision (1); or
(ii) state that the commission has determined that there is no
excess assessed value that may be allocated to the respective
taxing units in the manner prescribed in subdivision (1).
The county auditor shall allocate to the respective taxing units
the amount, if any, of excess assessed value determined by the
commission. The commission may not authorize an allocation
to the respective taxing units under this subdivision if to do so
would endanger the interests of the holders of bonds described
in subdivision (2).
(C) Obtain the approval of the legislative body of the unit
if the amount of excess assessed value determined by the
commission is expected to generate more than two hundred
percent (200%) of the amount of allocated tax proceeds
necessary to carry out the redevelopment or economic
development plan as adopted under this chapter. The
legislative body of the unit may modify the commission's
determination with respect to the amount of excess
assessed value that is in excess of two hundred percent
(200%) of the amount of allocated tax proceeds necessary
to carry out the redevelopment or economic development
plan.
(c) For the purpose of allocating taxes levied by or for any taxing
unit or units, the assessed value of taxable property in a territory in the
allocation area that is annexed by any taxing unit after the effective
date of the allocation provision of the resolution is the lesser of:
(1) the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made; or
(2) the base assessed value.
(d) Property tax proceeds allocable to the redevelopment district
under subsection (b)(2) may, subject to subsection (b)(3), be
irrevocably pledged by the redevelopment district for payment as set
forth in subsection (b)(2).
(e) Notwithstanding any other law, each assessor shall, upon
petition of the commission, reassess the taxable property situated upon
or in, or added to, the allocation area, effective on the next assessment
date after the petition.
(f) Notwithstanding any other law, the assessed value of all taxable
property in the allocation area, for purposes of tax limitation, property
tax replacement, and formulation of the budget, tax rate, and tax levy
for each political subdivision in which the property is located is the
lesser of:
(1) the assessed value of the property as valued without regard to
this section; or
(2) the base assessed value.
(g) If any part of the allocation area is located in an enterprise zone
created under IC 5-28-15, the unit that designated the allocation area
shall create funds as specified in this subsection. A unit that has
obligations, bonds, or leases payable from allocated tax proceeds under
subsection (b)(2) shall establish an allocation fund for the purposes
specified in subsection (b)(2) and a special zone fund. Such a unit
shall, until the end of the enterprise zone phase out period, deposit each
year in the special zone fund the amount in the allocation fund derived
from property tax proceeds in excess of those described in subsection
(b)(1) from property located in the enterprise zone that exceeds the
amount sufficient for the purposes specified in subsection (b)(2) for the
year. A unit that has no obligations, bonds, or leases payable from
allocated tax proceeds under subsection (b)(2) shall establish a special
zone fund and deposit all the property tax proceeds in excess of those
described in subsection (b)(1) in the fund derived from property tax
proceeds in excess of those described in subsection (b)(1) from
property located in the enterprise zone. The unit that creates the special
zone fund shall use the fund, based on the recommendations of the
urban enterprise association, for one (1) or more of the following
purposes:
(1) To pay for programs in job training, job enrichment, and basic
skill development designed to benefit residents and employers in
the enterprise zone. The programs must reserve at least one-half
(1/2) of the enrollment in any session for residents of the
enterprise zone.
(2) To make loans and grants for the purpose of stimulating
business activity in the enterprise zone or providing employment
for enterprise zone residents in the enterprise zone. These loans
and grants may be made to the following:
(A) Businesses operating in the enterprise zone.
(B) Businesses that will move their operations to the enterprise
zone if such a loan or grant is made.
(3) To provide funds to carry out other purposes specified in
subsection (b)(2). However, where reference is made in
subsection (b)(2) to the allocation area, the reference refers for
purposes of payments from the special zone fund only to that part
of the allocation area that is also located in the enterprise zone.
(h) The state board of accounts and department of local government
finance shall make the rules and prescribe the forms and procedures
that they consider expedient for the implementation of this chapter.
After each general reassessment under IC 6-1.1-4, the department of
local government finance shall adjust the base assessed value one (1)
time to neutralize any effect of the general reassessment on the
property tax proceeds allocated to the redevelopment district under this
section. After each annual adjustment under IC 6-1.1-4-4.5, the
department of local government finance shall adjust the base assessed
value to neutralize any effect of the annual adjustment on the property
tax proceeds allocated to the redevelopment district under this section.
However, the adjustments under this subsection may not include the
effect of property tax abatements under IC 6-1.1-12.1, and these
adjustments may not produce less property tax proceeds allocable to
the redevelopment district under subsection (b)(2) than would
otherwise have been received if the general reassessment or annual
adjustment had not occurred. The department of local government
finance may prescribe procedures for county and township officials to
follow to assist the department in making the adjustments.
(i) The allocation deadline referred to in subsection (b) is
determined in the following manner:
(1) The initial allocation deadline is December 31, 2011.
(2) Subject to subdivision (3), the initial allocation deadline and
subsequent allocation deadlines are automatically extended in
increments of five (5) years, so that allocation deadlines
subsequent to the initial allocation deadline fall on December 31,
2016, and December 31 of each fifth year thereafter.
(3) At least one (1) year before the date of an allocation deadline
determined under subdivision (2), the general assembly may enact
a law that:
(A) terminates the automatic extension of allocation deadlines
under subdivision (2); and
(B) specifically designates a particular date as the final
allocation deadline.
SOURCE: IC 36-8-16.5-51; (11)EH1244.3.55. -->
SECTION 55. IC 36-8-16.5-51, AS ADDED BY P.L.137-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 51. (a) For purposes of this section, a PSAP
includes a public safety communications system operated and
maintained under IC 36-8-15.
(b) As used in this section, "PSAP operator" means:
(1) a political subdivision; or
(2) an agency;
that operates a PSAP. The term does not include a state educational
institution that operates a PSAP or an airport authority established for
a county having a consolidated city. any entity described in
subsection (c)(1) through (c)(3).
(c) Subject to subsection (d), after December 31, 2014, a county
may not contain more than two (2) PSAPs. However, a county may
contain one (1) or more PSAPs in addition to the number of PSAPs
authorized by this section, as long as any additional PSAPs are
operated by:
(1) a state educational institution; or
(2) an airport authority established for a county having a
consolidated city; or
(3) in a county having a consolidated city, an excluded city (as
defined in IC 36-3-1-7).
(d) If, on March 15, 2008, a county does not contain more than one
(1) PSAP, not including any PSAP operated by an entity described in
subsection (c)(1) or (c)(2), through (c)(3), an additional PSAP may not
be established or and operated in the county on or after March 15,
2008, unless the additional PSAP is established and operated by:
(1) a state educational institution;
(2) in the case of a county having a consolidated city, an airport
authority established for the county; or
(3) the municipality having the largest population in the county or
an agency of that municipality.
(e) Before January 1, 2015, each PSAP operator in a county that
contains more than the number of PSAPs authorized by subsection (c)
shall enter into an interlocal agreement under IC 36-1-7 with every
other PSAP operator in the county to ensure that the county does not
contain more than the number of PSAPs authorized by subsection (c)
after December 31, 2014.
(f) An interlocal agreement required under subsection (e) may
include as parties, in addition to the PSAP operators required to enter
into the interlocal agreement under subsection (e), any of the following
that seek to be served by a county's authorized PSAPs after December
31, 2014:
(1) Other counties contiguous to the county.
(2) Other political subdivisions in a county contiguous to the
county.
(3) Other PSAP operators in a county contiguous to the county.
(g) An interlocal agreement required under subsection (e) must
provide for the following:
(1) A plan for the:
(A) consolidation;
(B) reorganization; or
(C) elimination;
of one (1) or more of the county's PSAPs, as necessary to ensure
that the county does not contain more than the number of PSAPs
authorized by subsection (c) after December 31, 2014.
(2) A plan for funding and staffing the PSAP or PSAPs that will
serve:
(A) the county; and
(B) any areas contiguous to the county, if additional parties
described in subsection (f) participate in the interlocal
agreement;
after December 31, 2014.
(3) Subject to any applicable state or federal requirements,
protocol to be followed by the county's PSAP or PSAPs in:
(A) receiving incoming 911 calls; and
(B) dispatching appropriate public safety agencies to respond
to the calls;
after December 31, 2014.
(4) Any other matters that the participating PSAP operators or
parties described in subsection (f), if any, determine are necessary
to ensure that the county does not contain more than the number
of PSAPs authorized by subsection (c) after December 31, 2014.
(h) This section may not be construed to require a county to contain
a PSAP.
SOURCE: ; (11)EH1244.3.56. -->
SECTION 56. [EFFECTIVE JANUARY 1, 2008
(RETROACTIVE)] (a) IC 6-1.1-10-24, as amended by this act,
applies to IC 6-1.1-11-4, as amended by this act, as if both
provisions had been in effect on January 1, 2008.
(b) This SECTION expires January 1, 2013.
SOURCE: ; (11)EH1244.3.57. -->
SECTION 57. [EFFECTIVE JANUARY 1, 2008
(RETROACTIVE)]
(a) With respect to an assessment date (as
defined in IC 6-1.1-1-2) occurring after December 31, 2009, and
before January 1, 2013, the definition of "fraternity or sorority"
set forth in IC 6-1.1-10-24, as amended by this act, includes a
limited liability company whose members are predominantly
fraternities, sororities, or foundations related to fraternities or
sororities.
(b) With respect to the March 1, 2010, assessment date, the
exemption allowed by IC 6-1.1-10-24, as amended by this act,
applies to tangible property acquired for future use by a fraternity
or sorority for a use set forth in IC 6-1.1-10-24(b)(2), as amended
by this act.
(c) This SECTION expires January 1, 2013.
SOURCE: ; (11)EH1244.3.58. -->
SECTION 58. [EFFECTIVE JANUARY 1, 2008
(RETROACTIVE)]
(a) This SECTION applies to a taxpayer,
notwithstanding IC 6-1.1-3, IC 6-1.1-11, IC 6-1.1-17, IC 6-1.1-37,
50 IAC 4.2, 50 IAC 16, or any other statute or administrative rule.
(b) This section applies to an assessment date (as defined in
IC 6-1.1-1-2) occurring after December 31, 2005, and before
January 1, 2010.
(c) As used in this SECTION, "taxpayer" refers to an Indiana
nonprofit corporation that owns real and personal property used
as part of or in connection with a men's cooperative house.
(d) A taxpayer, after February 13, 2011, but before February
26, 2011, may file or refile in person or in any other manner
consistent with IC 6-1.1-36-1.5:
(1) a Form 136 property tax exemption application, along
with any supporting documents, schedules, or attachments,
claiming an exemption from real property taxes or personal
property taxes, or both under IC 6-1.1-10-16 or
IC 6-1.1-10-24, as amended by this act, for any assessment
date described in subsection (b); and
(2) a personal property tax return, along with any supporting
documents, schedules, or attachments, relating to any
personal property under IC 6-1.1-10-16 or IC 6-1.1-10-24, as
amended by this act, for any assessment date for which an
exemption is claimed on a Form 136 property tax exemption
application that is filed under this subsection.
(e) Any property tax exemption application or personal
property tax return filed or refiled under subsection (d):
(1) is, subject to this SECTION, allowed; and
(2) is considered to have been timely filed.
(f) If the taxpayer demonstrates in the application or by other
means that the property that is subject to the exemption would
have qualified for an exemption under IC 6-1.1-10-16 as owned,
occupied, and used for an educational, religious, or charitable
purpose or under IC 6-1.1-10-24, as amended by this act, if the
application had been filed under IC 6-1.1-11 in a timely manner:
(1) the taxpayer is entitled to the exemptions from real
property taxes or personal property taxes, or both, as claimed
on the property tax exemption applications filed or refiled by
the taxpayer under subsection (d); and
(2) the taxpayer is not required to pay any property taxes,
penalties, or interest with respect to the exempt property.
(g) For its property to be exempt under this SECTION, the
taxpayer must have received for an assessment date preceding or
following any assessment date described in subsection (b) an
exemption or partial exemption from property taxes for property
identified by the same parcel or key numbers or the same parcel
and key numbers included on the property tax exemption
applications filed or refiled by the taxpayer under subsection (d).
(h) This SECTION expires January 1, 2013.
SOURCE: ; (11)EH1244.3.59. -->
SECTION 59. [EFFECTIVE JANUARY 1, 2010
(RETROACTIVE)] (a) This SECTION applies to a taxpayer
notwithstanding IC 6-1.1-11 or any other law or administrative
rule or provision.
(b) This SECTION applies to the March 1, 2010, and March 1,
2011, assessment dates.
(c) As used in this SECTION, "taxpayer" refers to a
corporation that:
(1) is a medical society with members who are predominantly
physicians residing or practicing in the county or municipality
where the property described in subsection (d) is located or an
adjacent county;
(2) is exempt from federal income taxes under Section 501 of
the Internal Revenue Code; and
(3) filed a timely exemption application from property
taxation for eligible property described in subsection (d) for
the March 1, 2010, assessment date.
(d) As used in this SECTION, "eligible property" means real
and personal property owned by the taxpayer that:
(1) was granted a full or partial exemption from property
taxation for the March 1, 2008, and March 1, 2009,
assessment dates, regardless of the parcel or key numbers
used to identify the property; and
(2) is occupied and predominantly used by the taxpayer or a
nonprofit foundation affiliated with the taxpayer for the
nonprofit purposes of the taxpayer or a nonprofit foundation
affiliated with the taxpayer on an assessment date subject to
this SECTION.
The term does not include areas or parts of property that are
leased to a for-profit entity.
(e) A property tax exemption application referred to in
subsection (c)(3) is allowed, regardless of the parcel or key
numbers used to identify the property. The eligible property is
considered tangible property owned, occupied, and used for the
educational, scientific, or charitable purposes described in
IC 6-1.1-10-16. Taxpayer's property tax exemption application
referred to in subsection (c)(3) is considered to have been filed
properly for an educational, scientific, or charitable use under
IC 6-1.1-10-16. The property tax exemptions allowed by this
SECTION shall be applied regardless of whether the taxpayer's
exemption application referred to in subsection (c)(3) was granted
or denied and regardless of whether or how any denials of the
requested exemptions were appealed or otherwise challenged by
the taxpayer.
(f) A taxpayer is entitled to a one hundred percent (100%)
exemption under IC 6-1.1-10-16 from property taxation for the
taxpayer's eligible property and is not required to pay property
taxes, penalties, or interest with respect to the eligible property for
the assessment dates described in subsection (b).
(g) The auditor of the county in which the property is located
shall apply the exemption allowed by this SECTION based upon
the taxpayer's exemption application referred to in subsection
(c)(3) and any additional documents or materials provided by the
taxpayer. The exemption allowed by this SECTION shall be
applied without need of any further ruling or action by the county
assessor or the county property tax assessment board of appeals of
the county in which the property is located or by the Indiana board
of tax review. Any actions by the county assessor or the county
property tax assessment board of appeals of the county in which
the property is located or by the Indiana board of tax review that
are contrary to or inconsistent with the intent of this SECTION are
invalid, null, and void.
(h) This SECTION expires December 31, 2012.
SOURCE: ; (11)EH1244.3.60. -->
SECTION 60. [EFFECTIVE JANUARY 1, 2008
(RETROACTIVE)]
(a) This SECTION applies to a taxpayer
notwithstanding IC 6-1.1-11 or any other law or administrative
rule or provision.
(b) This SECTION applies to an assessment date (as defined in
IC 6-1.1-1-2) occurring in 2010 or 2011.
(c) As used in this SECTION, "taxpayer" refers to an Indiana
nonprofit corporation that:
(1) owns real property used as part of or in connection with a
church, worship services, and other religious, educational,
charitable, civic, or cultural activities;
(2) as of the assessment dates referred to in subsection (b),
leases or rents part of the real property to another Indiana
nonprofit corporation that is exempt from federal income tax
under Section 501(c)(3) of the Internal Revenue Code and
classified as other than a private foundation under Section
509(a)(3) of the Internal Revenue Code, and the leased or
rented property is used as a center for the arts, including
using the leased or rented property for exhibit space, gallery
events, and subleasing to artists and art support groups; and
(3) filed on or by May 17, 2010, an exemption application
from property taxation for eligible property described in
subsection (d) for the March 1, 2010, assessment date.
(d) As used in this SECTION, "eligible property" means real
property owned by the taxpayer:
(1) that was granted a full or partial exemption from property
taxation for an assessment date prior to the assessment dates
referred to in subsection (b); and
(2) for which a one hundred percent (100%) real property tax
exemption for the March 1, 2010, assessment date was denied.
(e) A property tax exemption application referred to in
subsection (c)(3):
(1) is, subject to this SECTION, allowed; and
(2) is considered to have been timely and properly filed for a
religious, educational, or charitable use under IC 6-1.1-10-16.
The eligible property is considered tangible property owned,
occupied, and used for the religious, educational, or charitable
purposes described in IC 6-1.1-10-16. The property tax exemption
allowed by this SECTION shall be applied regardless of whether
the taxpayer's exemption application referred to in subsection
(c)(3) was granted or denied in whole or in part and regardless of
whether or how any denials of the requested exemption were
appealed or otherwise challenged by the taxpayer.
(f) A taxpayer is entitled to a one hundred percent (100%)
exemption under IC 6-1.1-10-16 from property taxation for the
taxpayer's eligible property and is not required to pay property
taxes, penalties, or interest with respect to the eligible property for
the assessment dates referred to in subsection (b). The exemption
allowed by this SECTION shall be applied without the need for any
further ruling or action by the county assessor or the county
property tax assessment board of appeals of the county in which
the property is located or by the Indiana board of tax review. Any
actions by the county assessor or the county property tax
assessment board of appeals of the county in which the property is
located or by the Indiana board of tax review that are contrary to
or inconsistent with the intent of this SECTION is invalid, null, and
void.
(g) This SECTION expires December 31, 2012.
SOURCE: ; (11)EH1244.3.61. -->
SECTION 61. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "board" refers to the county property tax assessment
board of appeals.
(b) This SECTION applies to an organization that:
(1) is located in a county containing a consolidated city;
(2) is dedicated to providing services to the community,
including direct aid, nutrition assistance, job training and
counseling, and safe, high-quality after-school activities;
(3) is not eligible for a property tax exemption under
IC 6-1.1-10-16 and IC 6-1.1-10-24 for certain parcels of
property for property taxes first due and payable in 2009,
2010, and 2011 because the entity failed to timely file an
application under IC 6-1.1-11-3.5; and
(4) filed an application under IC 6-1.1-11 for exemption from
property taxes first due and payable in 2007 on the same
parcels of property, which exemption was approved by the
board.
(c) An organization described in subsection (b) is entitled to an
exemption from property taxes on the organizations's property for
property taxes first due and payable in 2009, 2010, and 2011 in the
same percentage approved by the board with respect to the
organization's exemption application described in subsection
(b)(4).
(d) The county shall return to the organization the title of any
parcels of the organization's property that have been included in
a tax sale under IC 6-1.1 and that are entitled to an exemption
under subsection (c).
(e) This SECTION expires January 1, 2013.
SOURCE: ; (11)EH1244.3.62. -->
SECTION 62. [EFFECTIVE UPON PASSAGE]
(a) The
commission on state tax and financing policy established under
IC 2-5-3 shall, during the 2011 legislative interim, study issues
concerning standards for determining when a cooperative housing
corporation is eligible for a property tax standard deduction or a
property tax circuit breaker credit.
(b) Before November 1, 2011, the commission on state tax and
financing policy shall report its findings and any recommendations
concerning the study topic described in subsection (a) in a final
report to the legislative council in an electronic format under
IC 5-14-6.
(c) This SECTION expires January 1, 2012.
SOURCE: ; (11)EH1244.3.63. -->
SECTION 63. [EFFECTIVE UPON PASSAGE] (a) IC 36-7-14, as
amended by this act, applies to an obligation entered into or
incurred by a redevelopment commission after June 30, 2011.
(b) IC 36-7-14-25.1, as amended by this act, applies to bonds for
which a bond resolution is adopted after June 30, 2011.
(c) IC 36-7-14-25.2, as amended by this act, applies to a lease for
which a public hearing is held under IC 36-7-14-25.2(c) after June
30, 2011.
(d) IC 36-7-14-27, as amended by this act, applies to warrants
issued after June 30, 2011.
(e) This SECTION expires July 1, 2012.
SOURCE: ; (11)EH1244.3.64. -->
SECTION 64.
An emergency is declared for this act.