Tuesday, January 8, 2013

More Budget, Tax and Assessment Legislation Filed by the Senate


Senate Bill 0257

DIGEST OF INTRODUCED BILL

Sales tax holiday. Provides a sales tax exemption for school instructional materials that are purchased during the first weekend in August and the second weekend in January, if the sales price of the item does not exceed $500.

Senate Bill 0264

DIGEST OF INTRODUCED BILL

Tax exemption for military pension income. Exempts military retirement pension income from the adjusted gross income tax.

Senate Bill 0275

DIGEST OF INTRODUCED BILL

Property tax installment payments. Allows any person who does not pay property taxes through an escrow account maintained by the person's mortgagee to pay the person's property taxes on a monthly payment plan. Provides that the county option monthly payment plan provisions in current law for payment of property tax expire February 1, 2014. Provides that the county option monthly payment provisions in current law for payment of property tax owed in connection with provisional property tax statements expire January 1, 2014.

Senate Bill 0278

DIGEST OF INTRODUCED BILL

Homestead property tax bill cap. Provides a tax credit for homestead property that limits property tax increases to 5% per year (excluding the part of an increase attributable to an improvement or expansion of the homestead property made after the previous assessment).

Senate Bill 0288

DIGEST OF INTRODUCED BILL

Small employer wellness program tax credits. Extends the income tax credit for small employers who provide a qualified wellness program for their employees. Provides that the credit may be claimed for costs in 2012 through 2015. (Current law provides that costs incurred after 2011 are not eligible for the credit.)

Senate Bill 0289

DIGEST OF INTRODUCED BILL

Sales tax increment financing areas. Provides that a military base reuse authority (reuse authority) may designate a sales tax increment financing area (STIF area) if the reuse authority finds that there are certain obstacles to redevelopment or development within the proposed area. Requires the reuse authority to submit the resolution designating the STIF area to the budget committee for review and recommendation to the budget agency. Provides that the budget agency must approve or disapprove the STIF area. Specifies that a STIF area must terminate not later than 15 years after the initial designation of the area is approved by the budget agency, but that a reuse authority may extend the duration of the area for an additional period of not more than 15 years. Provides that the department of state revenue shall annually calculate the incremental sales tax amounts within a STIF area, and that the auditor of state shall annually distribute the incremental sales tax amounts to the reuse authority. Provides that the amount necessary to make the distribution is appropriated from the state general fund. Specifies that a reuse authority may use incremental sales tax amounts to pay costs related to infrastructure within the STIF area (including debt service or lease payments on bonds or leases that are issued or entered into to finance infrastructure or to lease infrastructure).

Senate Bill 0294

DIGEST OF INTRODUCED BILL

Inheritance tax. Increases inheritance tax exemption amounts for Class B transferees from $500 to $100,000 and for Class C transferees from $100 to $50,000.

Senate Bill 0298

DIGEST OF INTRODUCED BILL

State tax administration. Deletes the provision that prohibits an employee from receiving a refund of state income taxes withheld if the employee fails to file the employee's tax return within two years of the due date of the tax return. Provides that for taxable years beginning after 2013, a person may not file a claim for a refund with the department of revenue more than 10 years (rather than more than three years, under current law) after the later of the due date of the return or the date of payment. Requires the department of revenue to maintain for 10 years (rather than three years, under current law) a record of all money received and disbursed and copies of all returns filed with the department.

Senate Bill 0309

DIGEST OF INTRODUCED BILL

Use tax nexus and collection. Provides that for purposes of the Indiana sales and use tax law, a "retail merchant engaged in business in Indiana" includes any retail merchant who: (1) makes retail transactions in which a person acquires personal property or taxable services for use, storage, or consumption in Indiana; and (2) enters into an arrangement with any person, other than a common carrier, to facilitate the retail merchant's delivery of property to customers in Indiana by allowing customers to pick up property sold by the retail merchant at a place of business maintained by the person in Indiana. Specifies that a retail merchant may be required to collect and remit sales or use taxes if the retail merchant conducts activities in Indiana on behalf of the retail merchant that are significantly associated with the retail merchant's ability to establish and maintain a market in Indiana. Provides that a retail merchant is presumed to be engaged in business in Indiana if an affiliate of the retail merchant has substantial nexus in Indiana and certain additional conditions are satisfied. Provides that a retail merchant is presumed to be engaged in business in Indiana if the retail merchant enters into an agreement with one or more residents of Indiana under which the resident directly or indirectly refers potential customers to the retail merchant, if the cumulative gross receipts from the sales by the retail merchant to customers in Indiana who are referred to the retail merchant by all residents is greater than $10,000 during the preceding 12 months. Permits the presumptions to be rebutted. Specifies that the use tax nexus provisions apply to transactions that occur after June 30, 2013.

Senate Bill 0316

DIGEST OF INTRODUCED BILL

Economic development incentive accountability. Adds various job and employee definitions to the Indiana economic development corporation (IEDC) laws. Requires that all records related to taxpayer funded economic development incentives must be disclosed under the open records law. Requires that the IEDC's annual job creation incentives and compliance report must be published on the Indiana transparency portal Internet web site. Requires the IEDC and the department of state revenue to compile information on all job creation incentives granted, including the aggregate amount of uncollected or diverted state tax revenues resulting from each incentive, and requires that this information must be included as part of the IEDC's annual job creation incentives and compliance report. Requires the IEDC to recapture job creation incentives from a recipient that: (1) fails to make the level of capital investment; (2) fails to create or retain the promised number of jobs; or (3) pays less in wages; than specified in an incentive agreement. Requires the IEDC to compile information on all recapture activities and incentives recouped from unfulfilled commitments and to include the information as part of the IEDC's annual job creation incentives and compliance report. Requires incentive recipients to prepare an annual progress report on the number of jobs created or retained, employee pay, and various other information concerning the use of the incentives, and requires the IEDC to compile this information and include it in the IEDC's annual job creation incentives and compliance report. Repeals and replaces the definition of "job creation incentive" without change to maintain alphabetical order. Repeals a duplicate statute concerning the requirement that the IEDC disclose the terms of a final incentive offer. Makes technical corrections.

Senate Bill 0319

DIGEST OF INTRODUCED BILL

Soil productivity factors. Specifies that the soil productivity factors used for the March 1, 2011, assessment of agricultural land must continue to be used for subsequent assessment dates. Requires the department of local government finance to submit the following in 2013 to the commission on state tax and financing policy and to any interim study committee established to study agriculture issues or assigned the topic of studying agriculture issues: (1) Proposed soil productivity factors to be used in the assessment of agricultural land. (2) An explanation of the methodology used to determine the proposed soil productivity factors. (3) Data, from each county, that was used to determine the proposed soil productivity factors. (4) Testimony and comments provided to the department of local government finance by taxpayers and other stakeholders concerning the proposed soil productivity factors.

Senate Bill 0325

DIGEST OF INTRODUCED BILL

Redevelopment commissions and authorities. Provides that a redevelopment commission may not enter into any obligation payable from public funds without first obtaining the approval of the legislative or fiscal body of the unit that established the commission. Provides an exception if the obligation is for the acquisition of real property and the payments are for three years or less or the purchase price is less than $5,000,000. Specifies that the approving ordinance or resolution must include certain items. Provides that a redevelopment commission and a department of redevelopment are subject to oversight by 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. Specifies that a redevelopment commission, a department of redevelopment, and a redevelopment authority are subject to audit by the state board of accounts and covered by the public meeting and public records laws. 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. Provides that 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 commission's plan, a determination of the amount of the excess available to other taxing units by the commission must be approved by the legislative body of the unit. Permits the legislative body of the unit to modify the commission's determination with respect to the amount of excess assessed value. 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.

Senate Bill 0326

DIGEST OF INTRODUCED BILL

Taxation of homesteads. Provides that for purposes of the property tax circuit breaker credits, a "homestead" eligible for the 1% cap means a homestead that has been granted a standard deduction.

Senate Bill 0336

DIGEST OF INTRODUCED BILL

Taxation of civil service annuities. Increases the maximum state income tax deduction for federal civil service annuity income from $2,000 to $16,000.

Senate Bill 0339

DIGEST OF INTRODUCED BILL

State gross retail tax. Provides a sales tax exemption for feed or seed purchased by a person for the person's direct use in the direct production of food and food ingredients for the person's own personal consumption. (The exemption in current law is limited to purchases of feed or seed that is used in commercial farming.)

Senate Bill 0343

DIGEST OF INTRODUCED BILL

Local government reorganization. Eliminates the requirement that a reorganization committee must be appointed to prepare the reorganization plan as part of a proposed local government reorganization, effective January 1, 2014. Provides that the legislative bodies of the reorganizing political subdivisions (rather than a reorganization committee) shall prepare the reorganization plan that must be adopted by the legislative bodies before the proposed reorganization is placed on the ballot. Requires that a reorganization plan must include a fiscal impact analysis. Specifies the required contents of the fiscal impact analysis. Provides that the fiscal impact analysis must specify any estimated effects on political subdivisions in the county that are not participating in the reorganization and on taxpayers located in those political subdivisions. Requires that the fiscal impact analysis must be submitted to the department of local government finance (DLGF) at least six months before the election in which the public question will be on the ballot. Requires the DLGF to do the following within a reasonable time, but not later than 30 days before the election on the public question: (1) Review the fiscal impact analysis. (2) Make any comments concerning the fiscal impact analysis that the DLGF considers appropriate. (3) Provide comments to the legislative body of the reorganizing political subdivisions and post the comments on the DLGF's Internet web site. Requires the reorganizing political subdivisions to pay the expenses incurred by the DLGF in carrying out the review and preparing the comments. Requires that a brief description of the reorganized political subdivision that will succeed the reorganizing political subdivisions must be placed on the

Senate Bill 0348

DIGEST OF INTRODUCED BILL

Interlocal cooperation agreements. Provides that the law regarding interlocal cooperation may be cited as the interlocal and intergovernmental cooperation and efficiency act. Provides that unless otherwise prohibited by law, interlocal cooperation agreements may be entered into for any lawful purpose, including: (1) to implement the modernization, reform, consolidation, reorganization, and efficiency recommendations included in the 2007 report of the Indiana commission on local government reform; and (2) to share or coordinate responsibilities, costs, and resources to more efficiently carry out governmental functions. Provides that if the attorney general does not disapprove an interlocal agreement within 45 days (rather than 60 days under current law) after it is submitted to the attorney general, the agreement is considered approved.

Senate Bill 0349

DIGEST OF INTRODUCED BILL

Municipal utility funds and economic development. Allows the board of a municipally owned utility to approve or recommend a transfer of all or part of the utility's surplus earnings from the utility's cash reserve fund to: (1) the municipality's general fund; or (2) a local economic development organization to benefit or promote the municipality, the utility's service area, or the county or region in which the municipality or the utility's service area is located. (Current law allows for a transfer of the utility's surplus earnings only to the municipality's general fund.) Provides that rates and charges in lieu of taxes incorporated into a municipally owned utility's rates and charges may be transferred to: (1) the municipal general fund; or (2) if the cash revenue requirements of the utility have been met, the utility's cash reserve fund. (Current law allows for a transfer of rates and charges in lieu of taxes only to the municipality's general fund.) Provides that a municipality that seeks to make a transfer from the municipally owned utility's cash reserve fund to a local economic development organization may not impose a special rate, charge, surcharge, or other fee on the customers of the utility in order to pay for the transfer. Authorizes the state board of accounts to adopt rules, including emergency rules, to implement these provisions.

Senate Bill 0353

DIGEST OF INTRODUCED BILL

County option exemption for personal property. Permits a county council to approve a property tax exemption for all new personal property located in the county. Allows the county council to limit the exemption to a maximum dollar amount of new personal property.

Senate Bill 0354

DIGEST OF INTRODUCED BILL

Tax exemption for military income. Provides a 100% income tax deduction for all military service income received by an individual or the individual's surviving spouse. Removes the minimum age requirement for an individual to deduct a military pension benefit.

Senate Bill 0360

DIGEST OF INTRODUCED BILL

Tax increment financing. Specifies that in the case of certain tax increment financing (TIF) allocation areas, the expiration date of any allocation provisions for the allocation area may not be more than 30 years after the date on which the allocation area was last expanded.

Senate Bill 0375

DIGEST OF INTRODUCED BILL

Depreciable personal property assessment. Changes the minimum personal property tax depreciation floor from 30% to 20% for assessment dates after 2013.

Senate Bill 0376

DIGEST OF INTRODUCED BILL

Gross assessed value limit on annexations. Provides that for annexations adopted after June 30, 2013, a municipality may not annex territory that would result in an increase in the total gross assessed value of the municipality by more than 15% in the ensuing calendar year (as compared to the total gross assessed value of the municipality before the effective date of the annexation ordinance), regardless of whether the increase in assessed value results from one or more than one annexation. Provides that for annexations adopted after June 30, 2013, the effective date of an annexation ordinance may not be more than one year after the date the annexation ordinance is adopted. (Current law provides that the effective date of an annexation ordinance in some annexations may be postponed for not more than three years.)