The bill requiring county property tax assessment boards of appeal members to live in Indiana was held in the Senate Local Government Committee on Thursday to be amended based on the committee members’ questions.
Senate Bill 187, authored by State Sen. Dan Dernulc, states the term of anyone serving on a county property tax assessment board of appeals who isn’t an Indiana resident will expire July 1. The fiscal body, which is the council in Lake County, would then be required to appoint a new member to finish out the member’s term.
The bill maintains Indiana’s current PTABOA law that states a member has to be at least 18 years old and be “knowledgeable in the valuation of property.”
Dernulc, R-Highland, said he drafted the bill after learning about Lake County PTABOA member Samantha Steele, who is also a Cook County Board of Review commissioner and was arrested for driving under the influence in Chicago late last year.
“I bring this bill in front of you to fix an issue that we have as it relates to the PTABOA,” Dernulc testified before the committee Thursday. “I have no reason (to believe) that this person has done anything wrong on the PTABOA, but I do believe that the person who serves on PTABOA should be an Indiana resident.”
State Sen. Greg Taylor, D-Indianapolis, proposed tightening the language in the bill to make it clearer that the PTABOA member would have to live in Indiana throughout his or her term. That way, Taylor said, a member couldn’t get appointed while an Indiana resident and move within the term.
For example, Indiana legislators have to live in their districts when elected, but if they were to move out of their district they could still serve out the remainder of their term, Taylor said.
The senators on the committee expressed disbelief with Taylor’s example. Committee chair James Buck said it was his understanding that state legislators had to live in their district throughout their term.
“That’s new to me. I’ve never heard of that one,” Buck said about Taylor’s example.
Brad King, co-director of the Indiana Election Division, attended the committee meeting and told the committee that the state constitution dictates that anyone running for office has to live in Indiana for two years before running. However, the state constitution doesn’t address that the elected official has to live in their district throughout their term, he said.
The committee members voiced support for changing the language in the bill to reflect that the member has to live in Indiana throughout his or her term.
“If you want to make sure that their whole term that they live in Indiana, I would put that in there specifically. I wouldn’t leave it open to interpretation,” Taylor said.
State Sen. Mike Bohacek, R-Michiana Shores, said in his district counties have had difficulties finding qualified members to appoint to the PTABOA. Bohacek suggested the bill be further amended to state that if someone owns property in Indiana and has the proper qualifications he or she could serve on the PTABOA.
“I just don’t want to see PTABOA hearings be delayed. I’ve seen how messy that could get, they get stacked up,” Bohacek said. “To have those not be able to convene because we don’t have proper representation would be a problem.”
State Sen. Daryl Schmitt, R-Jasper, asked if the Lake County council or commissioners have voiced their support for the bill. Dernulc said he hadn’t talked to the council or commissioners about the bill.
“One of my fundamental goals is to drive decisions local,” Schmitt said.
Lake County Board of Commissioners Michael Repay, D-3rd, said Lake County officials want to appoint the most qualified people to the PTABOA.
“There are like 101 more important things that could positively impact the citizens of Indiana and the citizens in Senator Dan Dernulc’s district than a fully qualified individual who doesn’t live in the county,” Repay said.
Ultimately, Buck said he would hold the bill until next Thursday.
Dernulc said Taylor brought up good points during the committee meeting that should be incorporated into the bill.
“I think we’re going to be fine,” Dernulc said. “I’m fine with the potential changes and fine with bringing it back next week.”
akukulka@post-trib.com