Bill Text: IN HB1141 | 2012 | Regular Session | Engrossed
Bill Title: Home energy assistance.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-14 - Signed by the Governor [HB1141 Detail]
Download: Indiana-2012-HB1141-Engrossed.html
Citations Affected: IC 4-12; IC 6-2.5.
Synopsis: Home energy assistance. Sunsets the sales tax exemption
for home energy acquired through federal low income home energy
assistance program (LIHEAP) after June 30, 2012, and before July 1,
in 2020. Establishes the mortgage foreclosure multistate settlement
fund. Provides that the fund consists of: (1) money that is received by
the state under a multistate agreement related to litigation concerning
mortgage foreclosure activities and that is designated by the attorney
general for deposit in the fund; (2) appropriations made to the fund by
the general assembly; and (3) grants, gifts, and donations intended for
deposit in the fund. Specifies that the fund shall be administered by the
budget agency, and that money in the fund does not revert to the state
general fund. Provides that money in the fund may be used only to
reimburse the state general fund for the amount of state sales tax
revenue that was not collected because of the sales tax exemption for
home energy acquired through LIHEAP.
Effective: Upon passage; July 1, 2012.
(SENATE SPONSORS _ KENLEY, SIMPSON, BRODEN, ALTING, BREAUX, RANDOLPH)
January 9, 2012, read first time and referred to Committee on Ways and Means.
January 25, 2012, amended, reported _ Do Pass.
January 27, 2012, read second time, ordered engrossed. Engrossed.
January 30, 2012, read third time, passed. Yeas 94, nays 0.
February 1, 2012, read first time and referred to Committee on Tax and Fiscal Policy.
February 14, 2012, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
(1) money that:
(A) is received by the state under the multistate agreement related to litigation concerning mortgage foreclosure activities; and
(B) is designated by the attorney general for deposit in the fund;
(2) appropriations made to the fund by the general assembly; and
(3) grants, gifts, and donations intended for deposit in the fund.
(b) The fund shall be administered by the budget agency. Notwithstanding IC 5-13, the treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as money is invested by the public employees retirement fund under IC 5-10.3-5. The treasurer of state may contract with investment management professionals, investment advisors, and legal counsel to assist in the investment of the fund and may pay the state expenses incurred under those contracts from the fund. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of the state fiscal year does not revert to the state general fund.
(c) Money in the fund may be used only to make transfers to the state general fund under subsection (d).
(d) Not later than September 1 of each year, the department of state revenue shall certify to the budget agency and the auditor of state the additional amount of gross retail tax revenue that would have been collected in the preceding state fiscal year if the exemption under IC 6-2.5-5-16.5(b) for home energy acquired through home energy assistance had not been in effect during that preceding state fiscal year. The auditor of state shall, before September 1 of each year, transfer from the fund to the state general fund an amount equal to the lesser of:
(1) the amount certified by the department of state revenue under this subsection; or
(2) the balance in the fund.
(e) The state general fund is not liable for payment of a shortfall in expenditures, transfers, or distributions from the fund or any other fund due to a delay, reduction, or cancellation of payments scheduled to be received by the state under the multistate agreement related to litigation concerning mortgage foreclosure activities.
(b) A power subsidiary or a person engaged as a public utility is a retail merchant making a retail transaction when the subsidiary or person furnishes or sells electrical energy, natural or artificial gas, water, steam, or steam heating service to a person for commercial or
domestic consumption.
(c) Notwithstanding subsection (b), a power subsidiary or a person
engaged as a public utility is not a retail merchant making a retail
transaction in any of the following transactions:
(1) The power subsidiary or person provides, installs, constructs,
services, or removes tangible personal property which is used in
connection with the furnishing of the services or commodities
listed in subsection (b).
(2) The power subsidiary or person sells the services or
commodities listed in subsection (b) to another public utility or
power subsidiary described in this section or a person described
in section 6 of this chapter.
(3) The power subsidiary or person sells the services or
commodities listed in subsection (b) to a person for use in
manufacturing, mining, production, refining, oil extraction,
mineral extraction, irrigation, agriculture, or horticulture.
However, this exclusion for sales of the services and commodities
only applies if the services are consumed as an essential and
integral part of an integrated process that produces tangible
personal property and those sales are separately metered for the
excepted uses listed in this subdivision, or if those sales are not
separately metered but are predominately used by the purchaser
for the excepted uses listed in this subdivision.
(4) The power subsidiary or person sells the services or
commodities listed in subsection (b) and all the following
conditions are satisfied:
(A) The services or commodities are sold to a business that
after June 30, 2004:
(i) relocates all or part of its operations to a facility; or
(ii) expands all or part of its operations in a facility;
located in a military base (as defined in IC 36-7-30-1(c)), a
military base reuse area established under IC 36-7-30, the part
of an economic development area established under
IC 36-7-14.5-12.5 that is or formerly was a military base (as
defined in IC 36-7-30-1(c)), a military base recovery site
designated under IC 6-3.1-11.5, or a qualified military base
enhancement area established under IC 36-7-34.
(B) The business uses the services or commodities in the
facility described in clause (A) not later than five (5) years
after the operations that are relocated to the facility or
expanded in the facility commence.
(C) The sales of the services or commodities are separately
metered for use by the relocated or expanded operations.
(D) In the case of a business that uses the services or
commodities in a qualified military base enhancement area
established under IC 36-7-34-4(1), the business must satisfy at
least one (1) of the following criteria:
(i) The business is a participant in the technology transfer
program conducted by the qualified military base (as defined
in IC 36-7-34-3).
(ii) The business is a United States Department of Defense
contractor.
(iii) The business and the qualified military base have a
mutually beneficial relationship evidenced by a
memorandum of understanding between the business and
the United States Department of Defense.
(E) In the case of a business that uses the services or
commodities in a qualified military base enhancement area
established under IC 36-7-34-4(2), the business must satisfy at
least one (1) of the following criteria:
(i) The business is a participant in the technology transfer
program conducted by the qualified military base (as defined
in IC 36-7-34-3).
(ii) The business and the qualified military base have a
mutually beneficial relationship evidenced by a
memorandum of understanding between the business and
the qualified military base (as defined in IC 36-7-34-3).
However, this subdivision does not apply to a business that
substantially reduces or ceases its operations at another location
in Indiana in order to relocate its operations in an area described
in this subdivision, unless the department determines that the
business had existing operations in the area described in this
subdivision and that the operations relocated to the area are an
expansion of the business's operations in the area.
(5) The power subsidiary or person sells services or commodities
that:
(A) are referred to in subsection (b); and
(B) qualify as home energy (as defined in IC 6-2.5-5-16.5);
to a person who acquires the services or commodities after June
30, 2006, 2012, and before July 1, 2009, 2020, through home
energy assistance (as defined in IC 6-2.5-5-16.5).
throughout this section:
(1) "Home energy" means electricity, oil, gas, coal, propane, or
any other fuel for use as the principal source of heating or cooling
in residential dwellings.
(2) "Home energy assistance" means programs administered by
the state to supply home energy through the Low Income Home
Energy Assistance Block Grant under 42 U.S.C. 8261 8621 et seq.
(b) Transactions involving home energy are exempt from the state
gross retail tax if the person acquiring the home energy acquires it after
June 30, 2006, 2012, and before July 1, 2009, 2020, through home
energy assistance.
