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House Bill 1499


House Bill 1499

ARCHIVE (2001)

Latest Information

 

DIGEST OF HB 1499 (Updated April 29, 2001 6:08 PM - DI 52)


Provides that the next general reassessment of real property shall be completed on or before March 1, 2002, instead of March 1, 2001. Provides for the annual adjustment of assessed value of real property beginning with the 2006 assessment date. Establishes a county land valuation commission in each county for determination of land values for property tax purposes. Abolishes the state board of tax commissioners and creates the department of local government finance (DLGF), which is a state agency under the direction of a commissioner. Establishes the division of data analysis of the DLGF. Permits the DLGF to determine the real property tax assessment for a major industrial property if at least two hundred fifty property owners in the township petition for the assessment. Requires the DLGF to audit a sampling of personal property tax returns. Requires the governor to appoint two individuals to participate in the approval process for rules proposed by the DLGF. Requires each county treasurer to establish a county sales disclosure fund, and specifies permitted uses of the fund. Amends the restrictions on qualification for membership on the county property tax assessment board of appeals. Amends assessor training and certification requirements. Provides for increased compensation for certain assessing officials who have attained level two assessor certification. Authorizes per diem compensation for an assessor for service on a county land valuation commission. Provides that a notice is not required to change a taxpayer's assessment as a result of assessed value changing from one-third to 100% of true tax value. Establishes the assessment training fund. Divides the state forestry state property tax rate by 3 to conform with the switch to 100% true tax value, and directs a portion of the taxes collected for DLGF data base management. Requires assessors to maintain electronic files of assessing information to be transmitted to state officials. Requires the use of the posted price of oil on the assessment date in the assessment of certain oil interests. (Current law uses a multiplier of 1/3 the posted price.) Defines unadjusted assessed value as the assessed value determined by local assessing officials and the DLGF before the application of an annual adjustment. Provides for the use of unadjusted assessed values within the computation of a civil taxing unit's assessed value growth quotient. Permits the use of money in a county's general reassessment fund resulting from taxes levied for the 2006 general reassessment of real property for expenses relating to the current general reassessment if the county council determines that the money in the fund is insufficient to pay those expenses. Provides for the withholding from local units of property tax replacement revenue if local officials fail to provide timely information to state officials, unless the failure was justified by unusual circumstances. Raises from 50 to 150 the acreage of certain organizations eligible for exemption from property taxes. Provides a property tax deduction for certain real property that: (1) is located in an enterprise zone in Marion County; and (2) was allowed an obsolescence depreciation adjustment for property taxes assessed in the year before the owner purchased the property. Provides that the deduction is allowed only if the county fiscal body of the county in which the property is located approves the deduction. Provides that an extension of not more than thirty days is permitted for filing a personal property tax return. Provides that errors on a personal property tax return are subject correction only by filing an amended return, and that interest does not apply to resultant refunds. Permits a taxpayer to claim an adjustment or exemption on an amended personal property tax return that was not claimed on the original return. Provides for the application of a federally determined interest rate to tax payments resulting from resolution of disputed personal property assessments. Creates a state agency, the Indiana board of tax review (Indiana board), to hear appeals from determinations of county property tax assessment boards of appeal and the DLGF. The Indiana board consists of three members appointed by the governor. Provides that the Indiana board is subject to the statutes on adjudicative proceedings that apply to other state agencies, except that determinations of the Indiana board are appealable to the Indiana tax court. Requires the Indiana board to give notice of the date fixed for a hearing at least 30 days before the date. Specifies the period within which the Indiana board must hold a hearing on an appeal petition. Requires the Indiana board to issue a determination of an appeal not more than 90 days after the hearing (180 days for appeals of real property assessments in a general reassessment year). Requires the attorney general to represent local assessing officials as defendants before the tax court. Establishes standards for the tax court concerning admission of new evidence and review of Indiana board determinations. Provides that a local government official or body that made an original determination is a party to all appeal proceedings concerning the determination. Specifies the documents and items to be included in the record for judicial review. Provides that determinations by the Indiana board are not required to be based on the record generated in the proceedings before county property tax assessment boards of appeal or the DLGF. Requires that determinations by the tax court be based on the record generated in the proceedings before the Indiana board. Addresses circumstances under which a taxpayer must be represented by an attorney with respect to property tax matters. Provides that if the county assessor is a certified level 2 assessor-appraiser, the board of county commissioners may waive the requirement that one of the freehold members appointed by the board to the county property tax assessment board of appeals must be a certified level 2 assessor-appraiser. Allows the county assessor, fiscal body, and commissioners, if necessary, to waive the requirement that not more than three of the five members of the county property tax assessment board of appeals may be members of the same political party. Also allows a waiver, if necessary, of the requirement that at least three members of the county property tax assessment board of appeals must be residents of the county. Requires the DLGF to report the assessed value of all exempt property before December 1, 2004. Provides for filing of property tax exemption applications every two years instead of every four years. Provides that the county auditor must provide copies of exemption applications to the county assessor. Requires a nonprofit organization applying for a property tax exemption to attest that the property is not being used for an unrelated business. Requires an exempt organization to notify the assessor if the use of the property has changed and the property is taxable. Requires the county property tax assessment board of appeals to review each exemption in 2002 to determine whether the property still qualifies for the exemption. Requires the approval of a property tax exemption under certain circumstances in a qualifying city. Provides that tangible property owned by an Indiana nonprofit corporation and used by that corporation in the operation of a hospital is exempt from property taxation. Provides in Marion County that the county assessor does not review appropriations from the county reassessment fund, and that the township assessors instead of the county assessor select the computer system used for assessment purposes. Approves a retroactive property tax exemption for a qualifying corporation. Directs the Indiana code revision commission to correct code references related to the abolition of the state board of tax commissioners and the creation of the DLGF and the Indiana board.
Current Status:
 Law Enacted
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