Indiana Bills & Legislation

SB 1signedWallet impact

Local government finance.

Places restrictions on the issuance of certain general obligation bonds. Amends a capitalization rate percentage under the statewide agricultural land base rate determination. Provides that the percentage cap used to determine the maximum levy growth quotient is 4% in 2026. Provides that, notwithstanding any growth in a political subdivision's assessed value (AV) in the previous year, a political subdivision's ad valorem property tax levy shall not exceed the ad valorem property tax levy for its last preceding annual budget, unless the fiscal body of the political subdivision adopts an affirmative tax rate and tax levy increase by ordinance following a separate public hearing. Requires a resulting decrease in tax rates for each political subdivision in which there was an increase in the political subdivision's AV in the previous year, subject to any affirmative tax rate and tax levy increase adopted by the fiscal body of the political subdivision. Phases out the authority for the department of local government finance (department) to permit an excess tax levy that is based on AV growth, school transportation costs, and other circumstances. Retains the provisions that permit an excess tax levy if the civil taxing unit cannot carry out its governmental functions in the case of annexation, a natural disaster, an accident, or an emergency. Phases in an increase in the acquisition cost threshold for the business personal property tax exemption from $80,000 to $2,000,000. Provides that the 30% minimum valuation limitation does not apply to business personal property placed in service after January 1, 2025. Phases down the homestead standard deduction over five years to zero beginning for taxes due and payable in 2031. Phases in an increase in the supplemental homestead deduction to 2/3 of the AV of the homestead. Phases in an AV deduction for all property that is subject to the 2% circuit breaker credit for excessive property taxes for assessment dates beginning in 2025 up to a 1/3 AV deduction for taxes due and payable in 2031, and each taxable year thereafter. Expires certain property tax deductions allowed in current law, and instead allows a credit against local property taxes in certain instances. Makes certain changes to the qualification requirements and credit amount for the over 65 circuit breaker credit. Provides a supplemental homestead tax credit for property taxes for a person's homestead if the person qualifies for a standard homestead deduction for the same homestead property. Provides that specified referendums may be placed on the ballot only at a general election. Amends the ballot language for controlled project, school operating, and school public safety referendums. Provides that a school corporation may not adopt a resolution to place a controlled project referendum on the ballot during the second calendar year after the final calendar year in which a previously approved controlled project referendum levy is imposed. Modifies the threshold amounts used for determining whether a political subdivision's project is a controlled project and whether the petition and remonstrance process or the referendum process applies based on the political subdivision's total debt service tax rate. Adds provisions to authorize a county fiscal body to adopt an ordinance to establish a property tax payment deferral program (program). Provides that a qualified individual participating in the program may defer the payment of part of the property taxes that would otherwise be due on a homestead. Provides that property taxes deferred under the program are due after the occurrence of a deferral termination event. Provides that the maximum amount of taxes that may be deferred cumulatively year over year may not exceed $10,000. Increases, beginning in 2028, the maximum local income tax (LIT) expenditure rate for all counties to 2.9%. Authorizes a city or town to impose a municipal LIT rate beginning in 2028 not to exceed 1.2%. Provides that within a county's total expenditure rate, the county may adopt: (1) up to a 1.2% rate for county general purpose revenue; (2) up to a 0.4% rate for fire protection and emergency medical services; (3) up to a 0.2% rate for nonmunicipal civil taxing unit general purpose revenue; and (4) up to 1.2% for certain cities and towns that are not eligible to adopt a municipal LIT rate. Eliminates provisions that provide for a distribution of LIT expenditure rate revenue to schools and civil taxing units in counties that imposed a rate under the prior county adjusted gross income tax. Authorizes a county fiscal body to impose a local income tax expenditure rate to provide property tax relief for property tax liability attributable to homesteads in the county before January 1, 2028. Expires the authority to impose a property tax relief rate under the LIT and repeals the levy freeze rate. Provides that, in order to continue to impose an expenditure tax rate after 2027, each county must adopt a new ordinance on or before October 1, 2027, to impose the rate. Provides that, for counties that fail to adopt an ordinance to renew an existing expenditure tax rate in 2027, the expenditure tax rate for the county in 2028 shall be the minimum tax rate necessary for existing debt service. Specifies that this does not prevent the county from renewing, imposing, or modifying an expenditure tax rate in subsequent years. Eliminates local income tax councils beginning July 1, 2027, and instead provides that the county fiscal body is the adopting body in all counties for purposes of the county LIT, and the city or town fiscal body is the adopting body in the case of a municipal LIT. Establishes the state and local income tax holding account within the state general fund for purposes of LIT distributions. Requires the budget agency to maintain an accounting for each county imposing a county LIT based on annual returns filed by or for county taxpayers (same as current law). Requires undistributed amounts so accounted to be held for purposes of the state and local income tax holding account beginning after December 31, 2026. (Under current law, undistributed amounts are required to be held in reserve separate from the state general fund.) Requires the budget agency to present each December to the budget committee a report of the following: (1) An estimate of the monthly certified distribution amounts for the immediately succeeding calendar year. (2) A description of the method used to determine the monthly estimates. Beginning in 2028, requires the budget agency to make monthly transfers to the state and local income tax holding account of the amount determined for the month in the budget agency's report to the budget committee. Repeals a provision that requires the budget agency to adjust the certified distribution of a county for the succeeding year following a tax rate change. Requires the department to develop and maintain a property tax transparency portal through which taxpayers may: (1) compare the property tax liability in their current tax statement compared to their potential property tax liability based on changes under a proposed tax rate; and (2) provide taxpayer feedback to the department. Prohibits the northern Indiana commuter transportation district from issuing new bonds after May 9, 2025, that are payable in whole or in part from amounts distributed from the commuter rail service fund or the electric rail service fund. Requires all school corporations that adopt a resolution for an operating referendum tax levy that is imposed for the first time with property taxes first due and payable beginning after 2027 to share revenue with certain charter schools. Requires, beginning with distributions in 2028, that all school corporations begin sharing revenue from the school corporation's operations fund levy with certain charter schools. Provides for the phasing in of the sharing of revenue with certain charter schools from the school corporation's operations fund levy. Provides for the appointment of additional board members to the governing board of a charter school that receives property tax revenue. Sets forth additional procedures related to the closure of a charter school. Dissolves the Union School Corporation. Provides that for a fire protection territory established after January 1, 2025, each unit in a territory may not impose a tax rate that exceeds $0.40 per $100 of assessed valuation. Makes conforming changes. Makes technical corrections. Makes an appropriation.

Travis HoldmanRepublican

HB 1679signedWallet impact

Various elections matters.

Modifies the definition of "candidate". Provides that certain documents and material generated for or used by a political party caucus to select a person to fill a vacancy in an elected office are the property of the political party. Provides that the office of the circuit court clerk must remain closed on primary election day and general election day. Provides that the circuit court clerk shall perform required duties to conduct elections on primary election day and general election day. Specifies that the circuit court clerk is not required to perform on primary election day and general election day a duty other than conducting elections. Requires a county, city, town, township, or school to provide to an employee of a local government office who requests leave to serve: (1) on primary election day or general election day; and (2) as a precinct election officer; a paid day of leave to serve as a precinct election officer. Specifies an exception. Requires certain redistricting authorities to redistrict election districts or recertify existing election districts within the statutory deadlines and withholds payment to aa member of a redistricting authority for failure to do so. Prescribes fees to be charged by the election division for particular products and services. Changes the manner in which a copy of a complaint is to be provided to members of the Indiana election commission. Specifies the term of a chairman of a county election board, circumstances under which the chairman is considered to have vacated the office, and the process for electing a member of the board to serve as chairman following a vacancy. Provides that a person must: (1) be at least 18 years of age at the next general, municipal, or special election; (2) be a United States citizen; and (3) reside in a precinct continuously before a general, municipal, or special election for at least 30 days; to register to vote in that precinct and may, upon making a proper application, register to vote in that precinct. Requires absentee activity reports and other election day reports to be provided by a certain time and provides exceptions. Requires the county voter registration official to take certain actions concerning potential nonresidential addresses not later than August 1 of each year. Provides that the county voter registration official may not enter a nonresidential address into the statewide voter registration system as a voter's registration address. Provides that the spouse of a service member may elect to use the same residence as the member. Requires a county voter registration office to conduct a voter list maintenance program within 48 hours of receiving certain information. Allows a county voter registration office to use, for purposes of voter list maintenance: (1) information received by the county voter registration office indicating that a voter has moved to another state; (2) the return of an absentee ballot sent by the county election board to a voter because of an unknown or insufficient address. Requires a county voter registration office that receives information indicating that a voter has moved to another state to mail a specified form to the voter. Specifies that a full-time employee of the department of homeland security who is prohibited from participating in political activities is disqualified from assuming or being a candidate for an elected office. Requires a write-in candidate for a school board office to file a declaration of intent to be a write-in candidate with the county election board. Provides, for purposes of stating a candidate's affiliation with a political party in a declaration of candidacy, that if a candidate cast a nonpartisan ballot at an election held at either of the two most recent primary elections in which the candidate voted, a certification by the county chairman is required. Provides that, under certain circumstances, a county election board is not required to compile: (1) the addresses of persons for whom declarations of candidacy have been filed; or (2) information concerning precinct committeemen or state convention delegates. Specifies that a circuit court clerk who is required to conduct a special election is not required to publish the address of a candidate. Requires candidates for school board office and their candidate's committees to file required instruments with the county election board. Requires the names of all: (1) candidates for presidential electors and alternate presidential electors; and (2) nominees for President and Vice President of the United States; to be certified to the election division not later than noon September 1 before the general election. (Current law requires certification not later than noon on the second Tuesday in September before the general election.) Allows the county election board, by unanimous vote of the board's entire membership, to use bound materials instead of a paper envelope or bag in certain circumstances. Requires a voter registration application or absentee ballot application requested through electronic mail by a voter with print disabilities to be provided by electronic mail. (Current law permits providing these documents by fax or mail in certain circumstances.) Allows an individual to submit: (1) a replacement ballot statement request; and (2) a written replacement ballot request; by electronic mail. Repeals a provision that prohibits a voter from: (1) taking a digital image or photograph of the voter's ballot while in a polling place, except in specified circumstances; and (2) distributing or sharing the image using social media or by any other means. Requires that a voter entitled to cast an absentee ballot before an absentee voter board mark the voter's political party ballot selection on the electronic poll book instead of communicating the selection to the poll clerks. Permits a vendor to dispose of a voting system unit or an electronic poll book unit by transferring possession of the unit to a state or county historical society in Indiana. Specifies circumstances in which a candidate filing a petition for a recount or contest is liable for the expenses chargeable to another party. Provides that a petition for a recount or contest may not be filed earlier than noon 10 days after election day. Specifies, with regard to filling a candidate vacancy for a local office, that an authorization to fill vacancies given to a county chairman or a county committee expires at the time of the next election for precinct committeemen for the party with which the county chairman or county committee is affiliated. Provides that action to fill an early candidate vacancy must be taken not earlier than May 8 after the primary election if the vacancy exists on a general or municipal election ballot. Provides that if only one person seeks to fill a vacancy in a local office held by a major political party, a caucus vote is not required and the county chairman may select that person to fill the vacancy. Provides that certain state officers are liable to impeachment for crime, incapacity, or negligence in office. (Current law provides that these officers are liable to impeachment for any misdemeanor in office.) Specifies, for purposes of nepotism provisions, that the performance of certain duties of an absentee voter board, an absentee ballot counter, a provisional ballot counter, or an absentee ballot courier is not considered employment by a unit.

Timothy WescoRepublican