HJR 1, the proposed Constitutional Amendment that will enshrine property tax caps into the Indiana Constitution has passed the General Assembly for the second time and will now be placed on the ballot. These property taxes are already the law, so the amendment would do nothing in the short term. It will only limit options if, for any reason, the law turns out to be unsatisfactory in the future.
Recent polling suggests property tax caps are popular as are, presumably, chocolate and puppies. I don’t believe the polling has any information on whether the people polled understood that the caps were already the law or some notion of the impact property taxes had on sales taxes, income taxes, or government funding. Am I calling people stupid? No, not all of them. There are plenty of stupid people out there. But, by and large, the lack of understanding will come from lack of time and inclination. And, of course, there will be a fair number of people who understand the proposed amendment and favor it. But, I do question whether most of my fellow Hoosiers will understand this when they vote to put it in the state Constitution:
(b) A provision of this section permitting the General Assembly to exempt property from taxation also permits the General Assembly to exercise its legislative power to enact property tax deductions and credits for the property. The General Assembly may impose reasonable filing requirements for an exemption, deduction, or credit.
. . .
(e) This subsection applies to property taxes first due and payable in 2012 and thereafter. The following definitions apply to subsection (f):
(1) “Other residential property” means tangible property (other than tangible property described in subsection (c)(4)) that is used for residential purposes.
(2) “Agricultural land” means land devoted to agricultural use.
(3) “Other real property” means real property that is not tangible property described in subsection (c)(4), is not other residential property, and is not agricultural land.
(f) This subsection applies to property taxes first due and payable in 2012 and thereafter. The General Assembly shall, by law, limit a taxpayer’s property tax liability as follows:
(1) A taxpayer’s property tax liability on tangible property described in subsection (c)(4) may not exceed one percent (1%) of the gross assessed value of the property that is the basis for the determination of property taxes.
(2) A taxpayer’s property tax liability on other residential property may not exceed two percent (2%) of the gross assessed value of the property that is the basis for the determination of property taxes.
(3) A taxpayer’s property tax liability on agricultural land may not exceed two percent (2%) of the gross assessed value of the land that is the basis for the determination of property taxes.
(4) A taxpayer’s property tax liability on other real property may not exceed three percent (3%) of the gross assessed value of the property that is the basis for the determination of property taxes.
(5) A taxpayer’s property tax liability on personal property (other than personal property that is tangible property described in subsection (c)(4) or personal property that is other residential property) within a particular taxing district may not exceed three percent (3%) of the gross assessed value of the taxpayer’s personal property that is the basis for the determination of property taxes within the taxing district.
(g) This subsection applies to property taxes first due and payable in 2012 and thereafter. Property taxes imposed after being approved by the voters in a referendum shall not be considered for purposes of calculating the limits to property tax liability under subsection (f).
(h) As used in this subsection, “eligible county” means only a county for which the General Assembly determines in 2008 that limits to property tax liability as described in subsection (f) are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units of local government and school corporations in the county by at least twenty percent (20%). The General Assembly may, by law, provide that property taxes imposed in an eligible county to pay debt service or make lease payments for bonds or leases issued or entered into before July 1, 2008, shall not be considered for purposes of calculating the limits to property tax liability under subsection (f). Such a law may not apply after December 31, 2019.