Indiana Code ./noncode/2008.html-./noncode/2008.html-./noncode/2008.html

2008-1-5
    (Expired 1-1-2009, by P.L.1-2008, SEC.5.)

2008-1-6
    (Expired 7-1-2009, by P.L.1-2008, SEC.6.)

2008-1-7
    (Codified at IC 6-1.1-2-10. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-1-8
    (Expired 1-1-2009, by P.L.1-2008, SEC.8.)

2008-1-9
    (Repealed by IC 1-1-1.1-2.)

2008-1-10
    SECTION 10. (a) If the balance available in the property tax reduction trust fund is insufficient to pay at least one hundred twelve million dollars ($112,000,000) in the state fiscal year ending June 30, 2008, as additional 2008 homestead credits under P.L.234-2007, SECTION 301, the auditor of state shall transfer from the state general fund to the property tax reduction trust fund the difference between one hundred twelve million dollars ($112,000,000) and the balance available in the property tax reduction trust fund. The amount necessary to make the transfer required by this subsection is appropriated from the state general fund.
    (b) If any amounts are transferred to the property tax reduction trust fund under subsection (a), the auditor of state shall transfer from the property tax reduction trust fund to the state general fund the amount necessary to repay the amount transferred to the property tax reduction trust fund. Any repayment transfers required by this subsection shall be made according to a schedule determined by the budget agency. The amount necessary to make any repayment transfers required by this subsection is appropriated from the property tax reduction trust fund.

2008-3-270
    (Expired 6-30-2008, by P.L.3-2008, SEC.270.)

2008-3-271
    (Expired 7-1-2011, by P.L.3-2008, SEC.271.)

2008-5-3
    (Codified at IC 10-12-5-0.3. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-5-4
    (Repealed by IC 1-1-1.1-2.)

2008-7-1
    (Codified at IC 2-5.5-3. Noncode SECTION repealed by

P.L.16-2009, SEC.34.)

2008-12-4
    (Expired 1-1-2009, by P.L.12-2008, SEC.4.)

2008-18-3
    (Codified at IC 32-20-3-0.1 and IC 32-20-3-2(b)(6). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-21-19
    (Expired 1-1-2009, by P.L.21-2008, SEC.19.)

2008-24-1
    (Expired 12-1-2008, by P.L.24-2008, SEC.1.)

2008-28-5
    (Codified at IC 36-8-6-0.1(3), IC 36-8-7-0.1(3), IC 36-8-7.5-0.1(2), and IC 36-8-8-0.1(3). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-29-1
    (Expired 11-1-2008, by P.L.29-2008, SEC.1.)

2008-31-6
    (Expired 12-3-2009, by P.L.31-2008, SEC.6.)

2008-32-9
    SECTION 9. (a) As used in this SECTION, "INSafe" refers to the division of the department of labor described in IC 22-8-1.1-40, as amended by this act.
    (b) The unencumbered and unallocated part of the appropriation made by P.L.234-2007, SECTION 4, to the Department of Labor, Bureau of Safety Education and Training for the state fiscal year beginning July 1, 2008, is transferred to INSafe.
    (c) The following restrictions on the appropriation imposed upon the Bureau of Safety Education and Training by P.L.234-2007, SECTION 4, do not apply to INSafe:
        (1) Federal cost reimbursements for expenses attributable to the Bureau of Safety Education and Training appropriations shall be deposited into the special fund for safety and health consultation services.
        (2) The above appropriations for the Bureau of Safety Education and Training shall not be used to compete with consultation services provided by legitimate engineering firms, insurance companies, or professional consultants. The Bureau of Safety Education and Training shall limit training activities to private companies for which it has conducted an on-site consultation and shall limit training to only direct employees at that site.
    (d) The following conditions apply to the appropriation made to the Bureau of Safety Education and Training by P.L.234-2007, SECTION 4, as transferred to INSafe by this act:
        (1) Federal cost reimbursements for expenses attributable to the

INSafe appropriations shall be deposited into the special fund for safety and health consultation, education, and training services.
        (2) The mission of INSafe is to provide safety and health education, consultation, and training service without unnecessarily competing with private sector entities that may provide similar services.

2008-36-3
    (Codified at IC 9-21-2-1.3. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-41-2
    (Codified at IC 16-37-1-0.1. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-55-2
    (Codified at IC 27-1-37.3-0.1. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-57-7
    (Expired 7-1-2009, by P.L.57-2008, SEC.7.)

2008-57-8
    (Codified at IC 22-14-3-0.1. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-58-52
    (Expired 7-1-2009, by P.L.58-2008, SEC.52.)

2008-60-1
    (Expired 11-1-2008, by P.L.60-2008, SEC.1.)

2008-61-16
    (Expired 1-2-2009, by P.L.61-2008, SEC.16.)

2008-61-17
    (Expired 11-2-2008, by P.L.61-2008, SEC.17.)

2008-63-7
    (Expired 11-1-2008, by P.L.63-2008, SEC.7.)

2008-65-5
    (Expired 7-1-2011, by P.L.65-2008, SEC.5.)

2008-68-2
    (Codified at IC 35-45-19-0.1. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-69-3
    (Expired 6-30-2009, by P.L.69-2008, SEC.3.)

2008-70-2
    (Expired 7-1-2011, by P.L.70-2008, SEC.2.)

2008-70-3
    (Repealed by IC 1-1-1.1-2.)

2008-73-1
    (Codified at IC 12-15-1.3-15. Amended by P.L.229-2011, SEC.278.)

2008-80-6
    (Codified at IC 35-41-1-0.1(8) and IC 35-50-6-0.1(6). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-81-6
    (Codified at IC 35-43-5-0.1(10). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-82-2
    (Expired 7-1-2011, by P.L.82-2008, SEC.2.)

2008-85-7
    SECTION 7. (a) As used in this SECTION, "commission" refers to the courthouse preservation advisory commission established by IC 14-21-4-3, as added by this act.
    (b) Notwithstanding IC 14-21-4-5, as added by this act, the initial members of the commission shall be appointed to terms as follows:
        (1) One (1) member appointed under IC 14-21-4-4(a)(1), as added by this act, for a term of three (3) years.
        (2) One (1) member appointed under IC 14-21-4-4(a)(2), as added by this act, for a term of three (3) years.
        (3) One (1) member appointed under IC 14-21-4-4(a)(3), as added by this act, for a term of three (3) years.
        (4) One (1) member appointed under IC 14-21-4-4(a)(4), as added by this act, for a term of two (2) years.
        (5) One (1) member appointed under IC 14-21-4-4(a)(5), as added by this act, for a term of two (2) years.
        (6) One (1) member appointed under IC 14-21-4-4(a)(6), as added by this act, for a term of two (2) years.
        (7) One (1) member appointed under IC 14-21-4-4(a)(7), as added by this act, for a term of one (1) year.
        (8) One (1) member appointed under IC 14-21-4-4(a)(8), as added by this act, for a term of one (1) year.
    (c) Notwithstanding IC 14-21-4-5, as added by this act, initial appointments under subsection (b) must be made not later than August 1, 2008.
    (d) The commission shall submit a report to the legislative council before August 1, 2011, that includes the commission's findings and recommendations concerning the topics in IC 14-21-4-9(5) through IC 14-21-4-9(9), as added by this act. The report must be in an electronic format under IC 5-14-6.
    (e) This SECTION expires July 1, 2012.

2008-88-1
    (Expired 11-1-2008, by P.L.88-2008, SEC.1.)

2008-88-2
    (Expired 11-1-2008, by P.L.88-2008, SEC.2.)

2008-89-2
    SECTION 2. (a) As used in this SECTION, "department" refers to the department of homeland security established by IC 10-19-2-1.
    (b) Notwithstanding IC 36-8-21.5-9, as added by this act, the department shall adopt rules to implement IC 36-8-21.5, as added by this act, in the same manner as emergency rules are adopted under IC 4-22-2-37.1. Any rules adopted under this SECTION must be adopted not later than January 1, 2010, as required by IC 36-8-21.5-9, as added by this act. A rule adopted under this SECTION expires on the earlier of:
        (1) the date the rule is adopted by the department under IC 4-22-2-24 through IC 4-22-2-36 to implement IC 36-8-21.5, as added by this act; or
        (2) July 1, 2012.
    (c) This SECTION expires July 1, 2012.

2008-92-4
    (Codified at IC 24-4-16.4-0.1. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-93-4
    (Expired 9-1-2008, by P.L.93-2008, SEC.4.)

2008-94-65
    (Expired 7-2-2009, by P.L.94-2008, SEC.65.)

2008-94-66
    (Codified at IC 7.1-5-7-0.1(2). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-94-67
    (Codified at IC 7.1-5-8-0.3. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-94-68
    (Repealed by P.L.16-2009, SEC.34.)

2008-94-69
    (Repealed by P.L.10-2010, SEC.13.)

2008-94-70
    (Codified at IC 7.1-5-7-0.1(1). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-98-51

    (Codified at IC 8-10-1-0.3. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-101-13
    (Repealed by IC 1-1-1.1-2.)

2008-102-16
    (Expired 12-31-2008, by P.L.102-2008, SEC.16.)

2008-104-25
    (Expired 7-1-2009, by P.L.104-2008, SEC.25.)

2008-104-26
    SECTION 26. (a) Members appointed to the sexual assault standards and certification board under IC 4-23-25-11, before its repeal by this act, are members of the sexual assault victim advocate standards and certification board established by IC 5-2-6-23, as added by this act.
    (b) Members appointed under subsection (a) shall serve for the terms for which they were originally appointed.
    (c) The members appointed to the sexual assault victim advocate standards and certification board under IC 5-2-6-23(c)(11) and IC 5-2-6-23(c)(12), as added by this act, are initially appointed for a term of four (4) years.
    (d) This SECTION expires December 31, 2012.

2008-106-54
    (Codified at IC 9-18-26-0.3 and IC 9-22-4-0.3. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-106-55
    (Expired 7-1-2009, by P.L.106-2008, SEC.55.)

2008-106-56
    (Expired 7-1-2011, by P.L.106-2008, SEC.56.)

2008-107-18
    (Codified at IC 5-2-6.5-0.3. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-107-19
    SECTION 19. (a) For the period beginning January 1, 2009, and ending June 30, 2009, there is transferred to the Indiana criminal justice institute from money appropriated to the bureau of motor vehicles an amount that is necessary to give full effect to the transfer of responsibilities concerning the licensing of commercial driver training schools and instructors from the bureau of motor vehicles to the Indiana criminal justice institute under this act.
    (b) The source and amount of money transferred under subsection (a) shall be:
        (1) determined jointly by the bureau of motor vehicles and the Indiana criminal justice institute; and

        (2) memorialized not later than January 1, 2009, in a writing that is subject to approval by the budget agency.

2008-107-20
    (Expired 12-31-2009, by P.L.107-2008, SEC.20.)

2008-108-4
    (Expired 12-31-2010, by P.L.108-2008, SEC.4.)

2008-108-5
    SECTION 5. (a) As used in this SECTION, "HAVA money" refers to money received by the state under the Help America Vote Act of 2002 (42 U.S.C. 15301 through 42 U.S.C. 15545).
    (b) The definitions in IC 3-5-2 apply throughout this SECTION.
    (c) HAVA money received after December 31, 2007, shall be allocated to reimburse the following counties for the purchase of new voting systems:
        (1) Boone County.
        (2) Cass County.
        (3) Parke County.
        (4) Randolph County.
    (d) The secretary of state, as the state's chief election official under IC 3-6-3.7-1, shall petition the federal Election Assistance Commission for authority to use HAVA money to reimburse counties as provided in subsection (c). In addition to other arguments that the secretary of state may make in the petition, the secretary of state shall inform the Election Assistance Commission that the general assembly considers the circumstances of the counties described in subsection (c) as different from other jurisdictions that have requested to use HAVA money to purchase new voting systems to replace voting systems purchased from HAVA money. Other states have sought to replace functioning voting systems that the state has chosen to abandon for public policy reasons. The state of Indiana is petitioning to use HAVA money to replace voting systems that cannot be used because of the lack of technical and other operating support for the voting systems due to the dissolution of the companies that sold the voting systems.
    (e) This SECTION expires July 1, 2013.

2008-108-6
    (Expired 7-1-2010, by P.L.108-2008, SEC.6.)

2008-109-4
    (Codified at IC 5-10-8-0.1(7), IC 27-8-24.2-0.1, and IC 27-13-7-0.1(7). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-111-7
    (Expired 12-31-2008, by P.L.111-2008, SEC.7.)

2008-113-9
    (Codified at IC 12-8-1-0.3, IC 12-8-2-0.3, IC 12-8-6-0.3, and IC 12-8-8-0.3. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-114-34
    (Expired 1-1-2009, by P.L.114-2008, SEC.34.)

2008-114-35
    (Codified at IC 13-30-10-0.1(1) and IC 13-30-10-0.1(2). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-115-15
    (Codified at IC 5-13-10.5-0.3. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-117-4
    (Expired 12-31-2008, by P.L.117-2008, SEC.4.)

2008-119-20
    (Expired 1-1-2010, by P.L.119-2008, SEC.20.)

2008-119-21
    (Amended by P.L.1-2009, SEC.175.)

2008-121-5
    (Expired 6-30-2011, by P.L.121-2008, SEC.5.)

2008-122-25
    (Expired 11-2-2008, by P.L.122-2008, SEC.25.)

2008-124-4
    (Codified at IC 5-10-8.5-0.1. Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-124-5
    (Expired 12-31-2008, by P.L.124-2008, SEC.5.)

2008-124-6
    (Codified at IC 5-10.2-4-0.1(4). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-125-6
    (Repealed by IC 1-1-1.1-2.)

2008-126-13
    (Codified at IC 9-26-1-0.1(1), IC 9-30-5-0.1(2), and IC 35-50-1-0.1(3). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-126-14
    (Codified at IC 9-26-1-0.1(2). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-127-22
    SECTION 22. (a) Notwithstanding IC 33-33-24-1, as amended by

this act, the Franklin circuit court is not expanded to two (2) judges until January 1, 2009.
    (b) The second judge of the Franklin circuit court added by IC 33-33-24-1, as amended by this act, shall be elected at the general election on November 4, 2008, for a term beginning January 1, 2009, and ending December 31, 2014.
    (c) A political party may nominate one (1) candidate to be elected judge of the court at the 2008 general election using the candidate vacancy provisions under IC 3-13-1. Other candidates may qualify under IC 3-8-6 to be voted on at the general election.
    (d) This SECTION expires January 1, 2015.

2008-127-23
    SECTION 23. (a) Notwithstanding IC 33-30-2-1 and IC 33-33-48-2, both as amended by this act, the:
        (1) Madison county court is not abolished; and
        (2) Madison superior court is not expanded from three (3) judges to five (5) judges;
until January 1, 2009.
    (b) As of January 1, 2009, the Madison county court is abolished.
    (c) Any case pending in the Madison county court after the close of business on December 31, 2008, is transferred on January 1, 2009, to the Madison superior court. All cases transferred under this SECTION that are eligible to be heard by the standard small claims and misdemeanor division established by IC 33-33-48-11, as amended by this act, shall be transferred to the standard small claims and misdemeanor division of the Madison superior court in accordance with the venue requirements prescribed in Rule 75 of the Indiana Rules of Trial Procedure. A case transferred under this SECTION shall be treated as if the case were filed in the Madison superior court.
    (d) On January 1, 2009, all property and obligations of the Madison county court become the property and obligations of the Madison superior court.
    (e) The fourth and fifth judges of the Madison superior court added under IC 33-33-48-2, as amended by this act, shall be the two (2) persons who are elected Madison county court judges on November 4, 2008. The initial elections of the fourth and fifth judges for the Madison superior court, established by IC 33-33-48-2, as amended by this act, shall take place at the general election on November 4, 2014. The terms of the fourth and fifth judges of the Madison superior court elected in November 2014 begin January 1, 2015.
    (f) This SECTION expires January 2, 2015.

2008-127-24
    (Expired 1-2-2011, by P.L.127-2008, SEC.24.)

2008-127-25
    (Expired 1-2-2009, by P.L.127-2008, SEC.25.)

2008-127-26
    SECTION 26. (a) As of January 1, 2009:

        (1) the joint Jefferson County and Switzerland County fifth judicial circuit court established under IC 33-33-39-1 and IC 33-33-78-2, both before their amendment by this act, is abolished;
        (2) the Jefferson County fifth judicial circuit court is established under IC 33-33-39-1, as amended by this act; and
        (3) the Switzerland County ninety-first judicial circuit court is established under IC 33-33-78-2, as amended by this act.
    (b) A case or any other matter pending in the joint Jefferson County and Switzerland County fifth judicial circuit court after the close of business on December 31, 2008:
        (1) that originated in Jefferson County shall be transferred to the Jefferson County fifth judicial circuit court on January 1, 2009; and
        (2) that originated in Switzerland County shall be transferred to the Switzerland County ninety-first judicial circuit court on January 1, 2009.
    (c) The initial judge of the Jefferson County fifth judicial circuit court shall be the person who is the joint Jefferson County and Switzerland County fifth judicial circuit court judge serving on December 31, 2008. The judge shall serve the remainder of the judge's term as judge of the joint Jefferson County and Switzerland County fifth judicial circuit court serving as judge of the Jefferson County fifth judicial circuit court.
    (d) The initial prosecuting attorney of the Jefferson County fifth judicial circuit shall be the person who is the joint Jefferson County and Switzerland County fifth judicial circuit prosecuting attorney serving on December 31, 2008. The prosecuting attorney shall serve the remainder of the prosecuting attorney's term as prosecuting attorney for the joint Jefferson County and Switzerland County fifth judicial circuit serving as prosecuting attorney for the Jefferson County fifth judicial circuit.
    (e) The initial election of a judge for the Switzerland County ninety-first judicial circuit court established by IC 33-33-78-2, as amended by this act, is the general election on November 4, 2008. A political party may nominate one (1) candidate to be elected judge of the court at the 2008 general election using the candidate vacancy provisions under IC 3-13-1. Other candidates may qualify under IC 3-8-6 to be voted on at the general election. The term of the judge initially elected under this subsection begins January 1, 2009.
    (f) The initial election of a prosecuting attorney for the Switzerland County ninety-first judicial circuit established by IC 33-33-78-2, as amended by this act, is the general election on November 4, 2008. A political party may nominate one (1) candidate to be elected prosecuting attorney at the 2008 general election using the candidate vacancy provisions under IC 3-13-1. Other candidates may qualify under IC 3-8-6 to be voted on at the general election. The term of the prosecuting attorney initially elected under this subsection begins January 1, 2009, and ends December 31, 2010.
    (g) The election of a prosecuting attorney to a full four (4) year term for the Switzerland County ninety-first judicial circuit established by

IC 33-33-78-2, as amended by this act, is the general election on November 2, 2010. The term of a prosecuting attorney elected under this subsection begins January 1, 2011.
(h) This SECTION expires January 2, 2015.

2008-128-10
    (Codified at IC 5-10-5.5-0.1(b)(5) and IC 5-10-5.5-0.1(b)(6). Noncode SECTION repealed by IC 1-1-1.1-2.)

2008-128-11
    SECTION 11. (a) As used in this SECTION, "bureau" means the bureau of motor vehicles created by IC 9-14-1-1.
    (b) As used in this SECTION, "council" means the prosecuting attorneys council of Indiana established by IC 33-39-8-2(a).
    (c) As used in this SECTION, "e-citation" means an electronic traffic ticket (as defined in IC 9-30-3-2.5).
    (d) As used in this SECTION, "institute" means the Indiana criminal justice institute established by IC 5-2-6-3.
    (e) As used in this SECTION, "license" means a commercial driver's license issued according to rules adopted under IC 9-24-6-2.
    (f) The institute shall prepare an annual report that studies the following:
        (1) Implementation of P.L.219-2003 (incorporating federal law regarding probationary and restricted driving privileges for persons holding a license).
        (2) Implementation of P.L.176-2005, SECTIONS 19 through 25 (prosecuting attorney diversion and deferral limitations and the computer system established by the council).
        (3) Implementation of P.L.206-2007 (e-citations).
        (4) Use in Indiana of:
            (A) ignition interlock programs and other alcohol monitoring systems such as SCRAM (Secure Continuous Remote Alcohol Monitor); and
            (B) other alcohol abuse deterrent programs.

        (5) Procedures and practices regarding license suspensions or granting of restricted or probationary licenses for:
            (A) persons holding a license; or
            (B) the:
                (i) arrest of a person alleged to have; or
                (ii) conviction of a person who has;
            committed a violation of IC 9-30-5.
    (g) To the extent available and permissible, the institute may consult with and use records of the bureau, the council, and the judicial technology and automation committee of the supreme court.
    (h) The institute shall transmit the compiled report to the legislative council in an electronic format under IC 5-14-6 not later than November 1 of each year.
    (i) This SECTION expires January 1, 2014.

2008-131-58
(Expired 1-1-2011, by P.L.131-2008, SEC.58.)

2008-131-59
    SECTION 59. (a) The definitions in IC 6-6-5.1, as added by this act, apply throughout this SECTION.
    (b) The bureau shall certify to the department of local government finance the amount of excise tax collected under IC 6-6-5.1, as added by this act, and distributed to each county auditor in calendar year 2010.
    (c) Each county auditor shall certify to the department of local government finance the amount of excise tax collected under IC 6-6-5.1, as added by this act, and distributed to each taxing unit in the county in calendar year 2010.
    (d) This SECTION expires January 1, 2012.

2008-131-60
SECTION 60. (a) For property taxes due and payable in calendar year 2010, the department of local government finance shall make a reduction in the maximum permissible ad valorem property tax levy for each taxing unit to account for the removal of assessed value under IC 6-6-5.1, as added by this act.
(b) This SECTION expires January 1, 2012.

2008-131-61
    SECTION 61. (a) The definitions in IC 6-1.1-1 and IC 6-6-5.1, as added by this act, apply throughout this SECTION. As used in this SECTION, "nonbusiness personal property" means personal property that is not:
        (1) held for sale in the ordinary course of a trade or business;
        (2) held, used, or consumed in connection with the production of income; or
        (3) held as an investment.
    (b) The purpose of the amendment of IC 6-1.1-1-11 and the addition of IC 6-6-5.1 by this act is to exempt nonbusiness personal property (other than mobile homes) from property taxation to the fullest extent allowed under Article 10, Section 1 of the Constitution of the State of Indiana. The general assembly finds that nonbusiness personal property consisting of:
        (1) self-propelled vehicles that are not designed or regularly used for transporting property or persons on a public highway, such as invalid chairs, snowmobiles, yard and garden tractors, and all terrain vehicles;
        (2) trailers not subject to an excise tax under IC 6-6-5, IC 6-6-5.1, as added by this act, or IC 6-6-5.5;
        (3) human powered boats not subject to an excise tax under IC 6-6-11; or
        (4) similar property;
is not the type of property that must be subject to an excise tax in order to be exempted from property taxation. However, if a property tax exemption granted by this act is determined to be invalid, all remaining exemptions granted by this act that are not determined to be invalid shall be treated as severable under IC 1-1-1-8.

    (c) After February 28, 2009:
        (1) nonbusiness personal property may not be assessed as personal property under IC 6-1.1 for property tax purposes;
        (2) a lien for property taxes first due and payable after December 31, 2009, does not attach to nonbusiness personal property; and
        (3) the department of local government finance, a county auditor, or an assessing official may not require an individual or entity to file a personal property tax return for nonbusiness personal property.
    (d) For property taxes due and payable in calendar year 2010, the department of local government finance shall make a reduction in the maximum permissible ad valorem property tax levy for each taxing unit to account for the removal of assessed value under IC 6-1.1-2-7(7), as amended by this act. However, a taxing unit may apply for an excessive levy under IC 6-1.1-18.5 to mitigate the effects of the removal of assessed value under IC 6-1.1-2-7(7), as amended by this act, and the reduction of the unit's maximum levy required by this subsection.
    (e) For property taxes due and payable in calendar year 2011, the department of local government finance shall make a reduction in the maximum permissible ad valorem property tax levy for each taxing unit to account for the removal of assessed value under IC 6-1.1-2-7(7), as amended by this act.
    (f) County auditors and assessing officials shall provide the bureau of motor vehicles and the department of state revenue with the information from personal property tax returns and related records needed by the bureau of motor vehicles and the department of state revenue to implement IC 6-6-5.1, as added by this act, in 2009 on the schedule, in the manner, and in the form required by the department of local government finance.