Sen. Brian Buchanan

Provides a 25% state tax credit for contributions made to a public school foundation for taxable years beginning after December 31, 2021, and before January 1, 2024. Provides that the amount allowable as a credit in a taxable year may not exceed: (1) $1,000 in the case of an individual filing a single return or a corporation; or (2) $2,000 in the case of a married couple filing a joint return. Provides that the maximum amount of credits that may be awarded in a state fiscal year to $5,000,000.

Authorizes the Indiana destination development corporation (corporation) to employ a music commissioner. Authorizes the corporation to establish a music production incentive program. Requires the corporation, in coordination with the office of management and budget, to provide a report to the interim study committee on fiscal policy concerning: (1) music production incentives offered in other states; and (2) a recommendation on the type of incentive that should be offered in Indiana.

Removes the topic of the department of education's responsibility for licensing teachers from the list of statutes that the legislative council is urged to assign to a study committee during the 2021 legislative interim. Removes the topic of high ability students (including high ability curriculum) from the list of statutes that the legislative council is urged to assign to a study committee during the 2021 legislative interim. Adds certain education topics to the list of statutes that the legislative council is urged to assign to a study committee during the 2023 legislative interim. Removes an expired proposed study topic.

Authorizes a county fiscal body to adopt an ordinance to provide a credit against property tax liability for qualified individuals. Defines a "qualified individual" for purposes of the credit. Provides that the ordinance may designate: (1) all of the territory of the county; or (2) one or more specific geographic territories within the county; as an area in which qualified individuals may apply for the credit. Provides that the credit amount is equal to the amount by which property taxes on the property increased by more than 2% from the prior year (excluding any property tax liability imposed in a voter approved referendum levy). Provides that the credit does not effect the allocation of taxes to a referendum fund. Requires a qualified individual who desires to claim the credit to file a certified statement with the county auditor. Provides that the county auditor shall apply the credit in succeeding years after the certified statement is filed unless the auditor determines that the individual is no longer eligible for the credit or the county fiscal body rescinds the ordinance. Provides a penalty for wrongly receiving the credit that is the same as the penalty for wrongly receiving the homestead standard deduction.

Provides civil tort immunity for damages arising from COVID-19 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized, or sponsored by the person, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts). Defines "COVID-19 protective product" and provides civil tort immunity for harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts). Prohibits class action suits.

Establishes a procedure for the general assembly to call itself into session at times not specifically scheduled in statute. Provides that: (1) the initial state of disaster emergency may not continue longer than 30 days following the initial date of the declaration; and (2) a state of disaster emergency may not be renewed or extended by the governor without the approval of the general assembly. Provides that if the governor calls a special session, the special session shall be limited only to consideration of the purpose for which the initial state of disaster emergency was declared.

Establishes the Indiana education scholarship account program (program). Provides that, after June 30, 2022, a parent of an eligible student or an emancipated eligible student may establish an account in the program. Establishes eligibility requirements regarding the program. Provides that the treasurer of state shall, in consultation with the state board of education and the department of education, administer the program. Provides a deduction from Indiana adjusted gross income for a grant amount that is distributed to a taxpayer's Indiana education scholarship account and used for a qualified expense, to the extent the distribution is included in the taxpayer's federal adjusted gross income.

Provides that the true tax value of commercial real property used for retail purposes that is occupied by the original owner or by a tenant for which the improvement was built shall be determined by the cost approach for the first 10 years of occupancy of the property, less normal depreciation and normal obsolescence under the rules and guidelines of the department of local government finance. Provides that the taxpayer and the assessing official are required to participate in mandatory mediation of an appeal of an assessment of the commercial real property, instead of the preliminary informal meeting process under current law. Requires the county property tax assessment board of appeals (county board) to designate one member of the county board to serve as the mediator for the mediation conference, and specifies certain procedures that apply. Provides that, if a mandatory mediation conference is not held due to the failure of a party or the party's representative to appear, the county board's determination of the assessment may not be appealed to the Indiana board of tax review by the party that failed to appear at the mediation conference. Provides that a taxpayer shall (not may) enter into a written agreement with a redevelopment commission in which the taxpayer waives review of any assessment of the taxpayer's property in an allocation area during the term of any bond or lease obligations that are payable from allocated property taxes, unless the redevelopment commission waives the requirement in writing. Provides that a county fiscal body may adopt an ordinance to provide that the county assessor be reimbursed for legal costs (in addition to other specified costs under current law) incurred by the county assessor in defending an appeal that is uncommon and infrequent in the normal course of defending appeals.

Changes the nonvoting adviser of a redevelopment commission to a voting school liaison member (school liaison) beginning July 1, 2021. Requires the school liaison to be either: (1) a member of the school board of a corporation in the territory of the redevelopment commission; or (2) a teacher recommended by the school board. Provides that if the school liaison is a teacher, the school liaison is entitled to a salary, per diem, or reimbursement of expenses. Provides that if a person will receive tax increment financing assistance for the redevelopment of a property, a redevelopment commission is prohibited from entering into a redevelopment agreement for the property if the redevelopment commission or unit was assigned a purchase agreement for the property in the past 18 months. Requires a redevelopment commission to designate a percentage of the bond proceeds for bonds issued after June 30, 2021, for a redevelopment project area that will be redeveloped by a private enterprise, to be paid to a school corporation located within the redevelopment project area. Provides that for a tax increment financing allocation area established after July 1, 2021, the expiration date may not be more than 35 years after the date on which the allocation provision is established. Beginning July 1, 2021, requires a redevelopment commission and a private enterprise that enter into a redevelopment agreement that provides tax increment financing assistance to the private enterprise to also enter into a minimum tax payment agreement (agreement). Provides that an agreement must require a private enterprise to pay property taxes in an amount that is at least equal to the sum needed to make all payments that are due in the calendar year on obligations payable from the tax increment revenues used to finance the redevelopment of the allocation area. Requires the agreement to have a termination date. Makes conforming amendments.

Provides that federal Paycheck Protection Program loans that are subsequently forgiven are not subject to Indiana adjusted gross income tax (AGI). Provides that if a taxpayer incurs an expense described in 15 U.S.C. 9005(b) that: (1) would have been deductible in determining AGI; but (2) the deduction for the expense was denied for federal purposes as the result of being paid from loan amounts forgiven or reasonably anticipated to be forgiven; the taxpayer is permitted a deduction in determining AGI in the amount that otherwise would have been allowable in determining AGI. Provides a deduction in the calculation of AGI.