Bill Text: IN SB0396 | 2010 | Regular Session | Engrossed
Bill Title: Assessment of agricultural land.
Spectrum: Moderate Partisan Bill (Republican 10-3)
Status: (Passed) 2010-03-26 - Effective retroactive to 01/01/2010 [SB0396 Detail]
Download: Indiana-2010-SB0396-Engrossed.html
Citations Affected: IC 4-3; IC 4-13.6; IC 4-22; IC 5-16; IC 5-28;
IC 6-1.1; IC 6-3.1; IC 8-10; IC 8-23; IC 12-7; IC 12-8; IC 22-4;
IC 36-1; IC 36-7; IC 36-8; noncode.
Effective: Upon passage; January 1, 2010 (retroactive); July 1, 2010.
(HOUSE SPONSORS _ GRUBB, FRIEND, RUPPEL, PEARSON)
January 14, 2010, read first time and referred to Committee on Tax and Fiscal Policy.
January 28, 2010, reported favorably _ Do Pass.
February 1, 2010, read second time, ordered engrossed.
February 2, 2010, engrossed. Read third time, passed. Yeas 50, nays 0.
February 9, 2010, read first time and referred to Committee on Agriculture and Rural Development.
February 18, 2010, amended, reported _ Do Pass.
February 23, 2010, read second time, amended, ordered engrossed.
Digest Continued
businesses with regulatory matters; (2) establish the position of incentive compliance officer, monitor compliance with the terms on which tax credits or other state incentives were granted to businesses, and initiate the recovery of the incentives from businesses that failed to comply with the terms of the incentive; (3) require that businesses receiving state incentives give priority to hiring unemployed workers; and (4) encourage collaborative efforts between higher educational institutions, businesses, and economic development commissions to train individuals for high technology jobs. Provides that certain contracts for public works projects may not be awarded to a contractor that does not: (1) employ residents of Indiana as at least 80% of the employees working on the contract; and (2) enter into subcontracts only with subcontractors that employ residents of Indiana as at least 80% of the employees working on the contract. Allows the hiring authority of a city, county, or township to give a preference in hiring for police and fire department positions to: (1) a police officer or firefighter laid off by a city; (2) a county police officer laid off by a sheriff's department; or (3) a person who was employed full-time or part-time by a township to provide fire protection and emergency services and has been laid off by the township. Establishes the helping Indiana restart employment program. Establishes the interim study committee on economic development. Authorizes an economic development project district (district) in Warrick County. Permits augmentation of the state TANF appropriation to match federal stimulus funds available for emergency funding for TANF programs. Transfers $1,500,000 of the amount appropriated to the Indiana economic development corporation (corporation) in the current biennium from the purposes specified in the budget bill enacted in the 2009 special session to the purposes of the capital access program.
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) A small business regulatory coordinator (as defined in IC 4-22-2-28.1(b)).
(2) An ombudsman designated under IC 13-28-3-2.
(3) An ombudsman designated under IC 5-28-17-5.
(b) Each coordinator may review proposed legislation affecting the small businesses that are regulated by the agency or that would be regulated by the agency under proposed legislation. A coordinator may submit to the OMB written comments concerning the impact of proposed legislation on small business.
(c) The OMB may review comments received under subsection (b). The OMB may amend the comments. After completing its review, the OMB shall transmit the comments to the legislative services agency for posting on the general assembly's web site. The comments submitted
under this section shall be transmitted electronically in a format
suitable for posting to the general assembly's web site as determined by
the legislative services agency.
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(b) Except as provided in subsection (f), a contract for a public works project may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees who work on the subcontract.
(c) Except as provided in subsection (f), before August 15 of 2011, and each year thereafter, the division shall file with the legislative council a report for the preceding year stating:
(1) for each contractor awarded a contract under this chapter; and
(2) for each subcontractor with which a contractor referred to in subdivision (1) enters into a contract in connection with a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor who work on the contract and are residents of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6.
(d) Except as provided in subsection (f), a contract awarded
under this chapter for a public works project is terminated if the
division determines that the contractor has failed to:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(e) Except as provided in subsection (f), a contractor or
subcontractor who fails to employ residents of Indiana as at least
eighty percent (80%) of the employees who work on the contract
or subcontract commits a Class B infraction for each nonresident
of Indiana employed in excess of the number of nonresident
employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (b) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) that causes a contract to be
exempted from the requirements of subsections (b) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(b) through (e) may not reference the employment of Indiana
residents. The division may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (b) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area
with limited persons able to perform the work.
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 28. (a) As used in The following definitions
apply throughout this section:
(1) "Ombudsman" refers to the small business ombudsman
designated under IC 5-28-17-5.
(2) "Total estimated economic impact" means the annual
economic impact of a rule on all regulated persons after the rule
is fully implemented under subsection (g).
(b) The Indiana economic development corporation established by
IC 5-28-3-1: ombudsman:
(1) shall review a proposed rule that:
(A) imposes requirements or costs on small businesses (as
defined in IC 4-22-2.1-4); and
(B) is referred to the corporation ombudsman by an agency
under IC 4-22-2.1-5(c); and
(2) may review a proposed rule that imposes requirements or
costs on businesses other than small businesses (as defined in
IC 4-22-2.1-4).
After conducting a review under subdivision (1) or (2), the corporation
ombudsman may suggest alternatives to reduce any regulatory burden
that the proposed rule imposes on small businesses or other businesses.
The agency that intends to adopt the proposed rule shall respond in
writing to the Indiana economic development corporation ombudsman
concerning the corporation's ombudsman's comments or suggested
alternatives before adopting the proposed rule under section 29 of this
chapter.
(c) Subject to subsection (f) and not later than fifty (50) days before
the public hearing required by section 26 of this chapter, an agency
shall submit a proposed rule to the office of management and budget
for a review under subsection (d) if the agency proposing the rule
determines that the rule will have a total estimated economic impact
greater than five hundred thousand dollars ($500,000) on all regulated
persons. In determining the total estimated economic impact under this
subsection, the agency shall consider any applicable information
submitted by the regulated persons affected by the rule. To assist the
office of management and budget in preparing the fiscal impact
statement required by subsection (d), the agency shall submit, along
with the proposed rule, the data used and assumptions made by the
agency in determining the total estimated economic impact of the rule.
(d) Except as provided in subsection (e), before the adoption of the
rule, and not more than forty-five (45) days after receiving a proposed
rule under subsection (c), the office of management and budget shall
prepare, using the data and assumptions provided by the agency
proposing the rule, along with any other data or information available
to the office of management and budget, a fiscal impact statement
concerning the effect that compliance with the proposed rule will have
on:
(1) the state; and
(2) all persons regulated by the proposed rule.
The fiscal impact statement must contain the total estimated economic
impact of the proposed rule and a determination concerning the extent
to which the proposed rule creates an unfunded mandate on a state
agency or political subdivision. The fiscal impact statement is a public
document. The office of management and budget shall make the fiscal
impact statement available to interested parties upon request. The
agency proposing the rule shall consider the fiscal impact statement as
part of the rulemaking process and shall provide the office of
management and budget with the information necessary to prepare the
fiscal impact statement, including any economic impact statement
prepared by the agency under IC 4-22-2.1-5. The office of management
and budget may also receive and consider applicable information from
the regulated persons affected by the rule in preparation of the fiscal
impact statement.
(e) With respect to a proposed rule subject to IC 13-14-9:
(1) the department of environmental management shall give
written notice to the office of management and budget of the
proposed date of preliminary adoption of the proposed rule not
less than sixty-six (66) days before that date; and
(2) the office of management and budget shall prepare the fiscal
impact statement referred to in subsection (d) not later than
twenty-one (21) days before the proposed date of preliminary
adoption of the proposed rule.
(f) In determining whether a proposed rule has a total estimated
economic impact greater than five hundred thousand dollars
($500,000), the agency proposing the rule shall consider the impact of
the rule on any regulated person that already complies with the
standards imposed by the rule on a voluntary basis.
(g) For purposes of this section, a rule is fully implemented after:
(1) the conclusion of any phase-in period during which:
(A) the rule is gradually made to apply to certain regulated
persons; or
(B) the costs of the rule are gradually implemented; and
(2) the rule applies to all regulated persons that will be affected
by the rule.
In determining the total estimated economic impact of a proposed rule under this section, the agency proposing the rule shall consider the annual economic impact on all regulated persons beginning with the first twelve (12) month period after the rule is fully implemented. The agency may use actual or forecasted data and may consider the actual and anticipated effects of inflation and deflation. The agency shall describe any assumptions made and any data used in determining the total estimated economic impact of a rule under this section.
(1) A rule for which the notice required by section 23 of this chapter or by IC 13-14-9-3 is published by an agency or by any of the boards (as defined in IC 13-11-2-18).
(2) A rule for which:
(A) the notice required by IC 13-14-9-3; or
(B) an appropriate later notice for circumstances described in subsection (g);
is published by the department of environmental management after June 30, 2006.
(b) As used in this section, "coordinator" refers to the small business regulatory coordinator assigned to a rule by an agency under subsection (e).
(c) As used in this section, "director" refers to the director or other administrative head of an agency.
(d) As used in this section, "small business"
(e) For each rulemaking action and rule finally adopted as a result of a rulemaking action by an agency under this chapter, the agency shall assign one (1) staff person to serve as the agency's small business regulatory coordinator with respect to the proposed or adopted rule. The agency shall assign a staff person to a rule under this subsection based on the person's knowledge of, or experience with, the subject matter of the rule. A staff person may serve as the coordinator for more than one (1) rule proposed or adopted by the agency if the person is
qualified by knowledge or experience with respect to each rule. Subject
to subsection (f):
(1) in the case of a proposed rule, the notice of intent to adopt the
rule published under section 23 of this chapter; or
(2) in the case of a rule proposed by the department of
environmental management or any of the boards (as defined in
IC 13-11-2-18), the notice published under IC 13-14-9-3 or the
findings published under IC 13-14-9-8(b)(1), whichever applies;
must include the name, address, telephone number, and electronic mail
address of the small business coordinator for the proposed rule, the
name, address, telephone number, and electronic mail address of
the small business ombudsman designated under IC 5-28-17-5, and
a statement of the resources available to regulated entities through
the small business ombudsman designated under IC 5-28-17-5.
Subject to subsection (f), in the case of a rule finally adopted, the final
rule, as published in the Indiana Register, must include the name,
address, telephone number, and electronic mail address of the
coordinator.
(f) This subsection applies to a rule adopted by the department of
environmental management or any of the boards (as defined in
IC 13-11-2-18) under IC 13-14-9. Subject to subsection (g), the
department shall include in the notice provided under IC 13-14-9-3 or
in the findings published under IC 13-14-9-8(b)(1), whichever applies,
and in the publication of the final rule in the Indiana Register:
(1) a statement of the resources available to regulated entities
through the technical and compliance assistance program
established under IC 13-28-3
(2) the name, address, telephone number, and electronic mail
address of the ombudsman designated under IC 13-28-3-2;
(3) if applicable, a statement of:
(A) the resources available to small businesses through the
small business stationary source technical assistance program
established under IC 13-28-5; and
(B) the name, address, telephone number, and electronic mail
address of the ombudsman for small business designated under
IC 13-28-5-2(3); and
(4) the information required by subsection (e).
The coordinator assigned to the rule under subsection (e) shall work
with the ombudsman described in subdivision (2) and the office of
voluntary compliance established by IC 13-28-1-1 to coordinate the
provision of services required under subsection (h) and IC 13-28-3. If
applicable, the coordinator assigned to the rule under subsection (e)
shall work with the ombudsman referred to in subdivision (3)(B) to
coordinate the provision of services required under subsection (h) and
IC 13-28-5.
(g) If the notice provided under IC 13-14-9-3 is not published as
allowed by IC 13-14-9-7, the department of environmental
management shall publish in the notice provided under IC 13-14-9-4
the information that subsection (f) would otherwise require to be
published in the notice under IC 13-14-9-3. If neither the notice under
IC 13-14-9-3 nor the notice under IC 13-14-9-4 is published as allowed
by IC 13-14-9-8, the department of environmental management shall
publish in the commissioner's written findings under IC 13-14-9-8(b)
the information that subsection (f) would otherwise require to be
published in the notice under IC 13-14-9-3.
(h) The coordinator assigned to a rule under subsection (e) shall
serve as a liaison between the agency and any small business subject
to regulation under the rule. The coordinator shall provide guidance to
small businesses affected by the rule on the following:
(1) Any requirements imposed by the rule, including any
reporting, record keeping, or accounting requirements.
(2) How the agency determines or measures compliance with the
rule, including any deadlines for action by regulated entities.
(3) Any penalties, sanctions, or fines imposed for noncompliance
with the rule.
(4) Any other concerns of small businesses with respect to the
rule, including the agency's application or enforcement of the rule
in particular situations. However, in the case of a rule adopted
under IC 13-14-9, the coordinator assigned to the rule may refer
a small business with concerns about the application or
enforcement of the rule in a particular situation to the ombudsman
designated under IC 13-28-3-2 or, if applicable, under
IC 13-28-5-2(3).
(i) The coordinator assigned to a rule under subsection (e) shall
provide guidance under this section in response to questions and
concerns expressed by small businesses affected by the rule. The
coordinator may also issue general guidelines or informational
pamphlets to assist small businesses in complying with the rule. Any
guidelines or informational pamphlets issued under this subsection
shall be made available:
(1) for public inspection and copying at the offices of the agency
under IC 5-14-3; and
(2) electronically through electronic gateway access.
(j) The coordinator assigned to a rule under subsection (e) shall
keep a record of all comments, questions, and complaints received
from small businesses with respect to the rule. The coordinator shall
deliver the record, along with any accompanying documents submitted
by small businesses, to the director:
(1) not later than ten (10) days after the date on which the rule is
submitted to the publisher under section 35 of this chapter; and
(2) before July 15 of each year during which the rule remains in
effect.
The coordinator and the director shall keep confidential any
information concerning a small business to the extent that the
information is exempt from public disclosure under IC 5-14-3-4.
(k) Not later than November 1 of each year, the director shall:
(1) compile the records received from all of the agency's
coordinators under subsection (j);
(2) prepare a report that sets forth:
(A) the number of comments, complaints, and questions
received by the agency from small businesses during the most
recent state fiscal year, categorized by the subject matter of the
rules involved;
(B) the number of complaints or questions reported under
clause (A) that were resolved to the satisfaction of the agency
and the small businesses involved;
(C) the total number of staff serving as coordinators under this
section during the most recent state fiscal year;
(D) the agency's costs in complying with this section during
the most recent state fiscal year; and
(E) the projected budget required by the agency to comply
with this section during the current state fiscal year; and
(3) deliver the report to the legislative council in an electronic
format under IC 5-14-6 and to the Indiana economic development
corporation established small business ombudsman designated
by IC 5-28-3. IC 5-28-17-5.
or less. has the meaning set forth in IC 5-28-2-6.
(1) An estimate of the number of small businesses, classified by industry sector, that will be subject to the proposed rule.
(2) An estimate of the average annual reporting, record keeping, and other administrative costs that small businesses will incur to comply with the proposed rule.
(3) An estimate of the total annual economic impact that compliance with the proposed rule will have on all small businesses subject to the rule. The agency is not required to submit the proposed rule to the office of management and budget for a fiscal analysis under IC 4-22-2-28 unless the estimated economic impact of the rule is greater than five hundred thousand dollars ($500,000) on all regulated entities, as set forth in IC 4-22-2-28.
(4) A statement justifying any requirement or cost that is:
(A) imposed on small businesses by the rule; and
(B) not expressly required by:
(i) the statute authorizing the agency to adopt the rule; or
(ii) any other state or federal law.
The statement required by this subdivision must include a reference to any data, studies, or analyses relied upon by the agency in determining that the imposition of the requirement or cost is necessary.
(5) A regulatory flexibility analysis that considers any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule. The analysis under this subdivision must consider the following methods of minimizing the economic impact of the proposed rule on small businesses:
(A) The establishment of less stringent compliance or reporting requirements for small businesses.
(B) The establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses.
(C) The consolidation or simplification of compliance or reporting requirements for small businesses.
(D) The establishment of performance standards for small businesses instead of design or operational standards imposed on other regulated entities by the rule.
(E) The exemption of small businesses from part or all of the requirements or costs imposed by the rule.
If the agency has made a preliminary determination not to implement one (1) or more of the alternative methods considered, the agency shall include a statement explaining the agency's reasons for the determination, including a reference to any data, studies, or analyses relied upon by the agency in making the determination.
(b) For purposes of subsection (a), a proposed rule will be fully implemented with respect to small businesses after:
(1) the conclusion of any phase-in period during which:
(A) the rule is gradually made to apply to small businesses or certain types of small businesses; or
(B) the costs of the rule are gradually implemented; and
(2) the rule applies to all small businesses that will be affected by the rule.
In determining the total annual economic impact of the rule under subsection (a)(3), the agency shall consider the annual economic impact on all small businesses beginning with the first twelve (12) month period after the rule is fully implemented. The agency may use actual or forecasted data and may consider the actual and anticipated effects of inflation and deflation. The agency shall describe any assumptions made and any data used in determining the total annual economic impact of a rule under subsection (a)(3).
(c) The agency shall:
(1) publish the statement required under subsection (a) in the Indiana Register as required by IC 4-22-2-24; and
(2) deliver a copy of the statement, along with the proposed rule, to the
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a
secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the
person's gross income (as defined in Section 61 of the Internal
Revenue Code) from sources in Indiana, according to the
provisions applicable to determining the source of adjusted
gross income that are set forth in IC 6-3-2-2. However, a
person who would otherwise be considered a resident of
Indiana under this subdivision is not a resident of Indiana if
a preponderance of the evidence concerning the factors set
forth in subdivisions (1) through (3) proves that the person is
not a resident of Indiana.
(b) Except as provided in subsection (f), a contract for a public
works project under this chapter may not be awarded to a
contractor who does not:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(c) Except as provided in subsection (f), before August 15 of
2011, and each year thereafter, any state agency entering into
contracts under this chapter shall file with the legislative council
a report stating:
(1) for each contractor awarded a contract under this
chapter; and
(2) for each subcontractor with which a contractor referred
to in subdivision (1) enters into a contract in connection with
a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor
who work on the contract and are residents of Indiana. The report
to the legislative council must be in an electronic format under
IC 5-14-6.
(d) Except as provided in subsection (f), a contract awarded
under this chapter for a public works project is terminated if the
state or commission determines that the contractor has failed to:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(e) Except as provided in subsection (f), a contractor or
subcontractor who fails to employ residents of Indiana as at least
eighty percent (80%) of the employees who work on the contract
or subcontract commits a Class B infraction for each nonresident
of Indiana employed in excess of the number of nonresident
employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (b) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) that causes a contract to be
exempted from the requirements of subsections (b) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(b) through (e) may not reference the employment of Indiana
residents. The state or a commission may not consider the number
of employment opportunities for Indiana residents when doing any
of the following with respect to a project subject to a contract that
is exempted from the requirements of subsections (b) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area
with limited persons able to perform the work.
(1) diversification of Indiana's economy and the orderly economic development and growth of Indiana;
(2) creation of new jobs;
(3) employment of dislocated workers from Indiana in jobs created by business entities receiving a job creation incentive
from the state or an instrumentality of the state;
(3) (4) retention of existing jobs;
(4) (5) growth and modernization of existing industry; and
(5) (6) promotion of Indiana.
(b) The general assembly finds the following:
(1) Certain activities associated with the functions listed in
subsection (a) may not work properly with the traditional
responsibilities and activities of state agencies.
(2) The functions listed in subsection (a) can be achieved most
efficiently by a body politic and corporate that:
(A) serves the interests of the state by carrying out the
programs set forth in this article;
(B) is free from certain administrative restrictions that would
hinder its performance; and
(C) possesses broad powers designed to maximize the state's
economic development efforts.
(3) The corporation established by this article will:
(A) lead the state's economic development efforts;
(B) carry out the programs under this article, including the
providing of grants and loans; and
(C) perform other essential public services for the state.
(4) In return for the corporation's economic development efforts
to carry out the functions listed in subsection (a), the general
assembly should appropriate state funds to the corporation.
(1) this article; or
(2) another Indiana statute that authorizes the corporation, including the board, to award or approve the award of any benefit, grant, loan, money, tax credit, or other thing of value.
approve for the purpose of encouraging the creation of new jobs in
Indiana. The term includes tax credits, tax deductions, grants,
loans, and loan guarantees awarded or approved under the
following:
(1) IC 4-4-5.2 (emerging technology grant fund).
(2) IC 4-10-18 (economic growth initiatives account program).
(3) IC 4-12-10 (Indiana economic development partnership
fund).
(4) IC 5-28-5-11 (economic development and job creation
programs).
(5) IC 5-28-7 (training 2000 program and fund).
(6) IC 5-28-16 (Indiana twenty-first century research and
technology fund).
(7) IC 5-28-21 (small business incubator program).
(8) IC 5-28-23 (business modernization and technology
incentives).
(9) IC 5-28-24 (investment incentive program).
(10) IC 5-28-29 (capital access program).
(11) IC 5-28-30 (industrial development loan guaranty
program).
(12) IC 5-28-31 (agricultural loan and rural development
project guarantee fund).
(13) IC 5-28-34 (green industries fund).
(14) IC 6-1.1-45 (enterprise zone investment deduction).
(15) IC 6-3-3-10 (enterprise zone increased employment
expenditures credit).
(16) IC 6-3.1-7 (enterprise zone loan interest credit).
(17) IC 6-3.1-10 (enterprise zone investment cost credit).
(18) IC 6-3.1-11.6 (military base investment cost credit).
(19) IC 6-3.1-13 (economic development for a growing
economy tax credit).
(20) IC 6-3.1-24 (venture capital investment tax credit).
(21) IC 6-3.1-26 (Hoosier business investment tax credit).
(22) IC 6-3.1-31.9 (Hoosier alternative fuel vehicle
manufacturer tax credit).
(23) IC 6-3.1-32 (media production expenditure tax credit).
(24) IC 8-1-8.8-1 (utility generation and clean coal technology
incentives).
developing job creation incentive packages to locate companies in
Indiana, shall give priority, in the awarding or approving of job
creation incentives, to business entities that locate in a county
where individuals have become dislocated workers due to a
permanent closure of a plant or facility or a significant reduction
in the workforce.
(1) an incentive granted by the corporation; or
(2) a job creation incentive granted by the corporation or another agency or instrumentality of the state;
complies with the terms and conditions of the person's incentive agreement.
(1) That a specific number of individuals will be employed by the applicant as of a specified date each year.
(2) That the applicant will file with the compliance officer an annual compliance report detailing the applicant's compliance, or progress toward compliance, with subdivision (1).
(3) That the applicant will pay back to the state the proportionate share of any incentive that has already been received by the applicant if the applicant is found to be employing fewer individuals than the applicant agreed to employ under subdivision (1). The amount required to be paid back is the percentage of the total incentive that equals the ratio that the deficiency in the number of individuals employed bears to the number of individuals the applicant agreed under subdivision (1) to employ.
(4) That the applicant will pay back to the state the entire incentive that has been received by the applicant if the applicant moves, closes, or transfers employment positions
out of Indiana.
Except as provided in IC 5-28-28-8, the corporation may not
provide an incentive granted by the corporation to a person that is
being required to pay back any part of an incentive to the state,
until the date the person has repaid the incentive to the state.
(1) IC 6-3.1-13-19 (economic development for a growing economy tax credit).
(2) IC 6-3.1-26-21 (Hoosier business investment tax credit).
(3) IC 6-3.1-31.9-18 (Hoosier alternative fuel vehicle manufacturer credit).
(1) Work with state agencies to permit increased enforcement flexibility and the ability to grant common sense exemptions for first time offenders of state rules and policies, including, notwithstanding any other law, policies for the compromise of interest and penalties related to a listed tax (as defined in IC 6-8.1-1-1) and other taxes and fees collected or administered by a state agency.
(2) Work with state agencies to seek ways to consolidate forms and eliminate the duplication of paperwork, harmonize data, and coordinate due dates.
(3) Work with state agencies to perform cost-benefit analysis on proposed regulations and paperwork, with a concentration
on small business.
(4) Work with state agencies to monitor any outdated,
ineffective, or overly burdensome information requests from
state agencies to small businesses.
(5) Carry out the duties under IC 4-22-2-28 and IC 4-22-2.1
to review proposed rules and participate in rulemaking
actions that affect small businesses.
(6) Coordinate with the ombudsman designated under
IC 13-28-3-2 and the office of voluntary compliance
established by IC 13-28-1-1 to coordinate the provision of
services required under IC 4-22-2-28.1 and IC 13-28-3.
(7) Prepare written and electronic information for periodic
distribution to small businesses describing the small business
services provided by coordinators (as defined in IC 4-3-22-16)
and work with the office of technology established by
IC 4-13.1-2-1 to place information concerning the availability
of these services on state Internet web sites that the small
business ombudsman or a state agency determines are most
likely to be visited by small business owners and managers.
(8) Assist in training agency coordinators that will be assigned
to rules under IC 4-22-2-28.1(e).
(9) Investigate and attempt to resolve any matter regarding
compliance by a small business with a law, rule, or policy
administered by a state agency, either as a party to a
proceeding or as a mediator.
State agencies shall cooperate with the small business ombudsman
to carry out the purpose of this section. The department of state
revenue and the department of workforce development shall
establish a program to distribute the information described in
subdivision (7) to small businesses that are required to file returns
or information with these state agencies.
(1) Contribute to the strengthening of the economy of Indiana through the development of science and technology and
(2) Encourage collaborative efforts between any of Indiana's postsecondary educational institutions, local economic
development commissions, and businesses to customize job
training programs at postsecondary educational institutions
to encourage employment in high technology business
operations (as defined in IC 5-28-15-1).
(2) (3) Submit an annual report to the governor and to the general
assembly (in an electronic format under IC 5-14-6) that is due on
the first day of November for each year and must include detailed
information on the corporation's efforts to carry out this chapter.
The corporation shall conduct an annual public hearing to receive
comments from interested parties regarding the report, and notice
of the hearing shall be given at least fourteen (14) days before the
hearing in accordance with IC 5-14-1.5-5(b).
(b) The corporation may do the following:
(1) Receive money from any source, borrow money, enter into
contracts, and expend money for activities appropriate to its
purpose under this chapter.
(2) Do things necessary or incidental to carrying out the functions
listed in this chapter.
(3) Establish a statewide business modernization network to assist
Indiana businesses in identifying ways to increase productivity
and market competitiveness.
(4) Identify scientific and technological problems and
opportunities related to the economy of Indiana and formulate
proposals to overcome those problems or realize those
opportunities.
(5) Identify specific areas in which scientific research and
technological investigation will contribute to the improvement of
productivity of Indiana manufacturers and farmers.
(6) Determine specific areas in which financial investment in
scientific and technological research and development from
private businesses located in Indiana could be improved or
increased if state resources were made available to assist in
financing activities.
(7) Assist in establishing cooperative associations of
postsecondary educational institutions in Indiana and of private
enterprises to coordinate research and development programs that
will, consistent with the primary educational function of the
postsecondary educational institutions, aid in the creation of new
jobs in Indiana.
(8) Assist in financing the establishment and continued
development of technology intensive businesses in Indiana.
(9) Advise postsecondary educational institutions of the research
needs of Indiana businesses and improve the exchange of
scientific and technological information for the mutual benefit of
postsecondary educational institutions and private businesses.
(10) Coordinate programs established by postsecondary
educational institutions to provide Indiana businesses with
scientific and technological information.
(11) Establish programs in scientific education that will support
the accelerated development of technology intensive businesses
in Indiana.
(12) Provide financial assistance through contracts, grants, and
loans to programs of scientific and technological research and
development.
(13) Determine how state educational institutions can increase
income derived from the sale or licensure of products or processes
having commercial value that are developed as a result of state
educational institution sponsored research programs.
(1) applied for; and
(2) awarded;
after June 30, 2007. However, sections 8 and 9 of this chapter apply to any incentive granted by the corporation before, on, or after June 30, 2007.
(b) If the incentive is a grant or loan awarded before April 1, 2010, the corporation shall determine:
(1) whether there was good cause for the noncompliance; and
(2) whether the recipient is in default.
seek a refund or arrange other methods of reclaiming the grant or loan
from the recipient. If the corporation does seek a refund or otherwise
reclaims a grant or loan from the recipient under this section, the
amount of the refund or reclaimed part must be in proportion to the
degree of default by the recipient as determined by the corporation.
(c) Subsection (b) does not apply to a recipient of a grant or loan if:
(1) the grant or loan has been disbursed on a pro rata basis; and
(2) in the judgment of the corporation, the recipient's performance
in relation to the recipient's performance goals equals or exceeds
the ratio of the amount of the recipient's actual benefit from the
grant or loan to the total amount of the grant or loan originally
contemplated in the grant or loan award.
(d) If the incentive granted by the corporation was awarded
after March 31, 2010, subject to section 8 of this chapter, the
corporation shall seek a refund or arrange other methods of
reclaiming the value of the incentive granted by the corporation
from the recipient. The amount of the refund or reclaimed part
must be in proportion to the degree of default by the recipient as
determined by the corporation. If the noncompliance is a failure to
meet a requirement related to employment levels, the amount
reclaimed shall be a percentage of the incentive that equals the
deficiency in the number of individuals employed as compared to
the number of individuals the recipient agreed to employ.
(b) The corporation may waive or modify a recapture provision of this article or an agreement made with a person to whom the corporation has awarded an incentive if the corporation determines that the recipient of an incentive awarded by the corporation has failed to meet a condition for receiving the incentive because of circumstances beyond the recipient's control, including:
(1) natural disaster;
(2) unforeseen industry trends;
(3) lack of available labor force; or
(4) loss of a major supplier or market.
incentives and compliance report required under section 5 of this
chapter must include an annual report on the effectiveness of all
incentives granted by the corporation. The report provisions
required by this section must:
(1) include a section specifying each person's compliance with
its incentive agreement and any incentive that had to be
reduced or paid back as a result of noncompliance with an
incentive agreement;
(2) state, for each incentive recipient, the total incentive
provided for each job created, computed from the date the
incentive is granted through June 30 of the year of the report;
and
(3) also be submitted to the general assembly in an electronic
format under IC 5-14-6.
(b) Subject to subsection (e), the system must be applied to adjust assessed values beginning with the 2006 assessment date and each year thereafter that is not a year in which a reassessment becomes effective.
(c) The rules adopted under subsection (a) must include the following characteristics in the system:
(1) Promote uniform and equal assessment of real property within and across classifications.
(2) Require that assessing officials:
(A) reevaluate the factors that affect value;
(B) express the interactions of those factors mathematically;
(C) use mass appraisal techniques to estimate updated property values within statistical measures of accuracy; and
(D) provide notice to taxpayers of an assessment increase that results from the application of annual adjustments.
(3) Prescribe procedures that permit the application of the adjustment percentages in an efficient manner by assessing officials.
(d) The department of local government finance must review and certify each annual adjustment determined under this section.
(e) In making the annual determination of the base rate to satisfy the requirement for an annual adjustment under subsection
current property taxes first due and payable in 2011 and
thereafter, the department of local government finance shall determine
the base rate using the methodology reflected in Table 2-18 of Book 1,
Chapter 2 of the department of local government finance's Real
Property Assessment Guidelines (as in effect on January 1, 2005),
except that the department shall adjust the methodology to:
(1) use a six (6) year rolling average adjusted under subdivision
(2) instead of a four (4) year rolling average; and
(2) eliminate in the calculation of the rolling average the year
among the six (6) years for which the highest market value in
use of agricultural land is determined.
(f) For assessment dates after December 31, 2009, an adjustment in
the assessed value of real property under this section shall be based on
the estimated true tax value of the property on the assessment date that
is the basis for taxes payable on that real property.
Chapter 33. Small Business Job Creation Tax Credit
Sec. 1. As used in this chapter, "base employment period" of a small business refers a six (6) month period beginning January 1, 2008. However, if a small business began doing business in Indiana after January 1, 2008, the term refers to the initial period before January 1, 2010, in which the small business employed full-time employees in Indiana in the trade or business of the small business, not to exceed six (6) months.
Sec. 2. As used in this chapter, "department" refers to the department of state revenue or the department of insurance, whichever is obligated to administer the tax against which a tax credit is applied.
Sec. 3. As used in this chapter, "full-time employee" means an individual who:
(1) is employed for consideration for at least thirty-five (35) hours each week or who renders any other standard of service generally accepted by custom or specified by contract as full-time employment; and
(2) earns income for service described in subdivision (1) that is subject to withholding under IC 6-3 (before the application of any earned income tax credit) in an amount that is the equivalent of at least two hundred percent (200%) of the federal hourly minimum wage in effect during the week of employment.
Sec. 4. As used in this chapter, "qualified new employee" refers to a full-time employee described in section 14 of this chapter.
Sec. 5. As used in this chapter, "small business" refers to a small business (as defined in IC 5-28-2-6) that was in existence and employed full-time employees in Indiana in the trade or business of the small business before January 1, 2010.
Sec. 6. As used in this chapter, "state tax liability" means a taxpayer's total tax liability that is incurred under:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);
(2) IC 27-1-18-2 (the insurance premiums tax); and
(3) IC 6-5.5 (the financial institutions tax);
as computed after the application of the credits that under IC 6-3.1-1-2 are to be applied before the credit provided by this chapter.
Sec. 7. As used in this chapter, "tax credit" refers to a tax credit granted by this chapter against state tax liability.
Sec. 8. As used in this chapter, "taxpayer" means an individual or entity that has state tax liability.
Sec. 9. (a) This section applies only to taxable years beginning after December 31, 2009, and before January 1, 2013.
(b) Subject to this chapter, a small business that employs a qualified new employee in Indiana in a taxable year is eligible for a tax credit against the state tax liability imposed against the small business for the taxable year if, on average, the small business employed a greater number of full-time employees in Indiana in the taxable year than the small business employed in Indiana, on average, in the small business's base employment period.
Sec. 10. The amount of the tax credit to which a small business is entitled in a taxable year is equal to the lesser of the following:
(1) Three thousand dollars ($3,000) multiplied by the lesser of:
(A) the average number of qualified new employees that the small business employed in Indiana during the taxable year in the trade or business of the small business; or
(B) the average number of additional full-time employees that the small business employed in Indiana in the trade or business of the small business during the taxable year in excess of the average number of full-time employees that the small business employed in Indiana in trade or business of the small business during the small business's base employment period.
(2) One hundred thousand dollars ($100,000).
However, if the taxable year of the small business is less than twelve (12) months, the three thousand dollar ($3,000) and one hundred thousand dollar ($100,000) amounts are reduced in proportion to the amount by which the taxable year of the small business is shortened.
Sec. 11. (a) If the amount of a tax credit to which a small business is entitled in a taxable year exceeds the small business's state tax liability for that taxable year, the small business may carry the excess over to not more than three (3) subsequent taxable years. The amount of the credit carryover from a taxable year shall be reduced to the extent that the carryover is used by the small business to obtain a credit under this chapter for any subsequent taxable year.
(b) A small business is not entitled to a carryback or refund of any unused credit.
Sec. 12. If a small business is a pass through entity that does not have state tax liability against which a tax credit may be applied, a shareholder, partner, fiduciary, or member of the pass through entity is entitled to a tax credit equal to:
(1) the tax credit that the pass through entity would be entitled to for the taxable year if the pass through entity were a taxpayer; multiplied by
(2) the percentage of the pass through entity's distributive income to which the shareholder, partner, fiduciary, or member is entitled.
Sec. 13. To receive a tax credit, a taxpayer must claim the credit on the taxpayer's annual state tax return or returns in the manner prescribed by the department. The taxpayer shall maintain the records required by the department for the period specified by the department to substantiate the taxpayer's eligibility for a tax credit.
Sec. 14. To be a qualified new employee in a particular taxable year, an individual must meet all of the following criteria:
(1) Have been initially hired into a position as a full-time employee by the small business for the first time after December 31, 2009.
(2) Be, at the time the small business initially employs the individual after December 31, 2009:
(A) an individual who is receiving state or federal unemployment insurance benefits or has exhausted the individual's eligibility for state or federal unemployment insurance benefits since last becoming unemployed; or
(B) a former member of the military services of the United States who served on active duty in any branch of the armed forces of the United States or National Guard and who at no time received a discharge or separation under other than honorable conditions, except corrected separation or discharge to read "honorable" as evidenced by appropriate records presented from the United States Department of Defense or appropriate branch of the military service;
or both.
(3) Is not an individual who was employed by a related member (as defined in IC 6-3.1-13-8) of the small business (or another business entity that would be a related member (as defined in IC 6-3.1-13-8) if the other entity were a corporation) within twelve (12) months of being initially employed by the small business.
(4) Is not a child, grandchild, parent, or spouse (other than a spouse who is legally separated from the individual) of any individual who is an employee of the small business or who has a direct or an indirect ownership interest of at least five percent (5%) in the profits, capital, or value of the small business or a related member (as defined in IC 6-3.1-13-8) of the small business (or another business entity that would be a related member (as defined in IC 6-3.1-13-8) if the other entity were a corporation). An ownership interest shall be determined in accordance with Section 1563 of the Internal Revenue Code and regulations prescribed under Section 1563 of the Internal Revenue Code.
Sec. 15. The tax credit to which a taxpayer would otherwise be entitled under this chapter in a taxable year is reduced by the sum of the following tax credits received for the same qualified new employee:
(1) The economic development for a growing economy tax credits (IC 6-3.1-13) allowable to the taxpayer in a taxable year and attributable to the same employee for which a tax credit would otherwise be granted under this chapter.
(2) The Hoosier business investment tax credits (IC 6-3.1-26) allowable to the taxpayer in a taxable year and attributable to the same employee for which a tax credit would otherwise be granted under this chapter.
(3) The amount of federal or state training grants used in the taxable year to train an employee for which a tax credit would
otherwise be granted under this chapter.
Sec. 16. A small business (or if section 12 of this chapter applies,
a shareholder, partner, or member of a small business) forfeits fifty
percent (50%) of the amount of the tax credits attributable to the
employment of a qualified new employee, if within eighteen (18)
months after the qualified new employee was initially hired:
(1) the qualified new employee is terminated, laid off, or
otherwise reclassified to a position that is not a full-time
employment position with the small business; or
(2) the position created for the qualified new employee is
eliminated.
For purposes of this section, the replacement, within a reasonable
time as determined by the department, of a qualified new employee
with another qualified new employee shall be treated as continuous
employment of a qualified new employee from the date of the
hiring or rehiring of the initial qualified new employee.
Sec. 17. The amount due to the department from a forfeiture
under section 16 of this chapter shall be treated as due to the state
on the date the taxpayer's annual return or informational return
is due for the taxable year in which the reduction in employment
occurred.
Sec. 18. (a) Employment levels shall be determined using the
total number of employees reported by the small business on the
quarterly payroll report submitted by the small business to the
department of workforce development. The department of
workforce development shall give the information to the
department on the schedule and in the form requested by the
department.
(b) A small business shall use the method prescribed by the
department to determine the average number of full-time
employees or qualified new employees that the small business
employed during a period.
Sec. 19. The department may adopt rules under IC 4-22-2,
including emergency rules under IC 4-22-2-37.1, to implement this
chapter.
Sec. 20. This chapter expires January 1, 2019.
Chapter 34. New Employer Tax Credit and Grant
Sec. 1. This chapter applies to:
(1) a new Indiana business that initially begins doing business
in Indiana; and
(2) taxable years beginning;
after December 31, 2009.
Sec. 2. As used in this chapter, "department" refers to the
department of state revenue or the department of insurance,
whichever is obligated to administer the tax against which a credit
is applied.
Sec. 3. As used in this chapter, "new Indiana business" means
a corporation or pass through entity that locates or relocates the
operations of a business enterprise in Indiana after December 31,
2009, and employs at least one (1) full-time employee (as defined in
IC 6-3.1-13-4) in Indiana during a taxable year for which a tax
credit is sought. The term does not include a corporation or pass
through entity that:
(1) is directly or indirectly under common ownership or
control with another corporation or pass through entity that
conducts business operations in Indiana in the same line of
business; or
(2) is the successor to part or all of the assets or business
operations of another corporation or pass through entity that
conducted business operations in Indiana in the same line of
business;
as determined by the department.
Sec. 4. As used in this chapter, "state tax liability" means a
taxpayer's total tax liability that is incurred under:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);
(2) IC 27-1-18-2 (the insurance premiums tax); and
(3) IC 6-5.5 (the financial institutions tax);
as computed before the application of any other credit against state
tax liability to which the taxpayer is entitled, including any credit
described in IC 6-3.1-1-2.
Sec. 5. As used in this chapter, "tax credit" refers to a tax credit
against state tax liability granted by this chapter before the
application of any other tax credits to which a new Indiana
business might be eligible.
Sec. 6. As used in this chapter, "taxpayer" means a person,
corporation, partnership, or other entity that has any state tax
liability.
Sec. 7. Subject to this chapter, a new Indiana business is entitled
to a tax credit against the state tax liability imposed on the new
Indiana business in a taxable year that includes any of the first
twenty-four (24) months after the new Indiana business begins
doing business in Indiana if the new Indiana business elects to
comply with section 11 of this chapter in the manner specified by
the department.
Sec. 8. The amount of the tax credit available under this chapter
is equal to the following:
(1) Fifty percent (50%) of the state tax liability imposed on
the new Indiana business for the taxable year that begins and
ends within the first twenty-four (24) months in which the new
Indiana business operates in Indiana.
(2) Fifty percent (50%) of the state tax liability imposed on
the new Indiana business for the taxable year that begins
before or ends after the first twenty-four (24) months in which
the new Indiana business operates in Indiana, multiplied by
a fraction. The numerator of the fraction is the number of
consecutive days in which the new Indiana business operates
in Indiana during the taxable year, including any intervening
weekends and holidays. The denominator of the fraction is
three hundred sixty-five (365).
Sec. 9. If a pass through entity does not have state tax liability
against which a tax credit may be applied, a shareholder, partner,
fiduciary, or member of the pass through entity is entitled to a tax
credit equal to:
(1) the tax credit to which the pass through entity would be
entitled under this chapter for the taxable year if the pass
through entity were a taxpayer; multiplied by
(2) the percentage of the pass through entity's distributive
income to which the shareholder, partner, fiduciary, or
member is entitled.
Sec. 10. To qualify for a tax credit under this chapter, a
taxpayer must claim the tax credit and demonstrate compliance
with section 11 of this chapter on the taxpayer's annual state tax
return or returns in the manner prescribed by the department. The
taxpayer shall maintain the records required by the department
for the period specified by the department to substantiate the
taxpayer's eligibility for the credit.
Sec. 11. To qualify for a tax credit under this chapter for a
particular taxable year, a new Indiana business must elect in the
manner specified by the department to pay an amount equal to
twenty-five percent (25%) of the amount of the tax credit for that
taxable year as bonus compensation to the employees of the new
Indiana business who were employed in Indiana during the taxable
year according to a formula that results in each bonus being an
amount that is the lesser of the following:
(1) An amount proportional to the number of:
(A) hours that the employee worked; or
(B) other units of pay for which the employee worked;
for the new Indiana business during the taxable year, relative
to the total number of hours that all employees worked or
other units of pay for which all employees worked for the new
Indiana business in Indiana during the taxable year.
(2) Three thousand dollars ($3,000).
However, less than twenty-five percent (25%) of the amount of the
tax credit may be devoted to bonuses to the extent that the total
amount is not needed to implement the bonus formula specified in
subdivisions (1) and (2). The bonuses must be paid not later than
the date the final tax or informational return for the taxable year
is due, including any extension period.
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(b) Except as provided in subsection (f), a contract for a public works project under this chapter may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees of the contractor who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(c) Except as provided in subsection (f), before August 15 of
2011, and each year thereafter, the commission shall file with the
legislative council a report stating:
(1) for each contractor awarded a contract under this
chapter; and
(2) for each subcontractor with which a contractor referred
to in subdivision (1) enters into a contract in connection with
a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor
who work on the contract and are residents of Indiana. The report
to the legislative council must be in an electronic format under
IC 5-14-6.
(d) Except as provided in subsection (f), a contract awarded
under this chapter for a public works project is terminated if the
commission determines that the contractor has failed to:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(e) Except as provided in subsection (f), a contractor or
subcontractor who fails to employ residents of Indiana as at least
eighty percent (80%) of the employees who work on the contract
or subcontract commits a Class B infraction for each nonresident
of Indiana employed in excess of the number of nonresident
employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (b) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) that causes a contract to be
exempted from the requirements of subsections (b) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(b) through (e) may not reference the employment of Indiana
residents. The commission may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (b) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area
with limited persons able to perform the work.
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(b) Except as provided in subsection (f), a contract for a public works project under this chapter may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees of the contractor who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees working on the subcontract.
(c) Except as provided in subsection (f), before August 15 of
2011, and each year thereafter, the department shall file with the
legislative council a report stating:
(1) for each contractor awarded a contract under this
chapter; and
(2) for each subcontractor with which a contractor referred
to in subdivision (1) enters into a contract in connection with
a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor
who work on the contract and are residents of Indiana. The report
to the legislative council must be in an electronic format under
IC 5-14-6.
(d) Except as provided in subsection (f), a contract awarded
under this chapter for a public works project is terminated if the
department determines that the contractor has failed to:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(e) Except as provided in subsection (f), a contractor or
subcontractor who fails to employ residents of Indiana as at least
eighty percent (80%) of the employees who work on the contract
or subcontract commits a Class B infraction for each nonresident
of Indiana employed in excess of the number of nonresident
employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (b) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) that causes a contract to be
exempted from the requirements of subsections (b) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(b) through (e) may not reference the employment of Indiana
residents. The department may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (b) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area
with limited persons able to perform the work.
(1) With respect to a particular division, the director of the division.
(2) With respect to a particular state institution, the director who has administrative control of and responsibility for the state institution.
(3) For purposes of IC 12-8-12.5, the term refers to the director of the division of family resources.
(A) refers to the director who has administrative control of and responsibility for the appropriate state institution; and
(B) includes the director's designee.
(b) "Employed", "employee", "employment", or "employs", for
purposes of IC 12-17.2-3.5, has the meaning set forth in
IC 12-17.2-3.5-1.3.
(1) For purposes of IC 12-8-12.5, the Helping Indiana Restart Employment (HIRE) program established by IC 12-8-12.5-7.
Chapter 12.5. Helping Indiana Restart Employment Program (HIRE)
Sec. 1. This chapter applies after June 30, 2010.
Sec. 2. As used in this chapter, "eligible employer" means an employer that meets the requirements of section 8 of this chapter and is eligible to participate in the program.
Sec. 3. As used in this chapter, "employer" means an individual, corporation, partnership, limited liability company, or any other legal entity that has at least one (1) employee and is legally doing business in Indiana.
Sec. 4. As used in this chapter, "one stop center" has the
meaning set forth in IC 22-4.5-2-6.
Sec. 5. As used in this chapter, "participant" means an
individual who is participating in the program.
Sec. 6. As used in this chapter, "program" refers to the Helping
Indiana Restart Employment program (HIRE) established by
section 7 of this chapter.
Sec. 7. (a) The director shall adopt policies to establish the
Helping Indiana Restart Employment program (HIRE) for the
purpose of increasing employment opportunities for unemployed
or underemployed workers by providing a wage and benefit
subsidy to eligible employers that provide to participants an hourly
wage and a transferable work skill.
(b) The director shall administer the program with the
assistance of the department of workforce development established
by IC 22-4.1-2-1.
(c) The director may adopt rules under IC 4-22-2 that the
director considers appropriate or necessary to implement this
chapter.
Sec. 8. (a) An employer that meets the requirements listed in
subsection (b) is eligible to participate in the program.
(b) The employer:
(1) is a:
(A) private for profit entity;
(B) private nonprofit entity; or
(C) public hospital;
(2) has at least one (1) worksite located in Indiana;
(3) provides current proof of compliance with IC 22-3-5-2 and
IC 22-3-7-34 (concerning worker's compensation and
occupational disease coverage);
(4) is in compliance with all applicable federal, state, and local
labor and employment laws, including minimum wage, wage
payment, unemployment compensation, occupational health
and safety, and equal opportunity and civil rights laws; and
(5) is not suspended or barred from doing business or entering
into a contract with the state under IC 4-2-6 (ethics and
conflicts of interest), IC 4-13.6 (public works), or IC 5-22
(public purchasing).
(c) An employer is not eligible to participate in the program
during the period a strike, lockout, or other labor dispute exists at
any of the employer's worksites.
(d) An eligible employer shall provide immediate written notice
to the director if, at any time, the employer learns that any of the
information submitted under this section to establish the
employer's eligibility for the program:
(1) was erroneous at the time the information was submitted;
or
(2) is no longer accurate because of changed circumstances.
Sec. 9. (a) An individual is eligible to participate in the program
if the individual:
(1) is a United States citizen;
(2) is a resident of Indiana;
(3) is at least eighteen (18) years of age;
(4) resides in the individual's home with at least one (1)
verified dependent child who is:
(A) a United States citizen; and
(B) less than eighteen (18) years of age;
(5) is a relative of the child described in subdivision (4),
including:
(A) the child's mother, father, stepmother, stepfather,
grandmother, or grandfather; or
(B) a relative not listed in clause (A) who has custody of the
child; and
(6) has a total family income that does not exceed two
hundred fifty percent (250%) of the federal income poverty
level (as defined in IC 12-7-2-85).
(b) An individual who meets the requirements listed in
subsection (a) and is receiving benefits under at least one (1) of the
following programs shall receive priority for placement in
subsidized employment under the program:
(1) The federal Supplemental Nutrition Assistance Program
(SNAP).
(2) The TANF program.
(3) The unemployment compensation system established
under IC 22-4.
The department of workforce development shall provide
information and assistance to the director to verify that an
individual is receiving benefits under subdivision (3).
(c) A participant who no longer meets the requirements listed in
subsection (a) shall provide immediate written notice to the
director describing the changed circumstances.
Sec. 10. (a) The director, with the assistance of the department
of workforce development as applicable, shall provide at least the
following services to participants:
(1) Outreach, intake, and orientation to the information and
other services available through county offices and one stop
centers.
(2) An initial assessment of skill levels, aptitudes, and abilities.
(3) Comprehensive and specialized assessment of the skill
levels, and service needs, including, if appropriate, diagnostic
testing and use of other assessment barriers and appropriate
employment goals.
(4) The development of an individual employment plan.
(5) Short term prevocational services, including the
development of:
(A) learning skills;
(B) communication skills;
(C) interviewing skills;
(D) personal maintenance skills; and
(E) professional conduct.
(6) Case management.
(7) Follow-up services, including counseling, for at least
twelve (12) months after the participant's first day of
employment.
(b) An individual referred to a county office or one stop center
by an eligible employer (commonly referred to as a "reverse
referral") must complete the program in the same manner as other
participants. The director, with the assistance of the department of
workforce development, as applicable, shall provide the services
described in subsection (a) to an individual who is a reverse
referral and must provide the services described in subsection
(a)(1) through (a)(5) before the individual's first date of
employment under the program.
(c) A participant may be placed in subsidized employment under
the program for a period not to exceed six (6) months. The
participant may not work more than:
(1) one thousand forty (1,040) hours for the entire subsidized
employment period; or
(2) one hundred seventy-five (175) hours in a month.
Sec. 11. (a) An eligible employer shall enter into a program
agreement with the director concerning the terms and conditions
of the employer's participation in the program before any
participants are placed with the employer.
(b) The program agreement must include at least the following:
(1) The number of participants to be placed with the
employer.
(2) The hourly wage paid to each participant.
(3) The transferable work skill or skills to be taught to each participant.
(4) The length of the subsidized employment period, which may not exceed six (6) months.
(5) The employer's wage reimbursement schedule described in section 12 of this chapter.
(6) Except as provided in subsection (c), a commitment by the employer to retain the participants after the subsidized employment period.
(7) Any other provision as determined by agreement between the director and the eligible employer.
(c) An eligible employer that employs twenty-five (25) or fewer employees shall receive priority to participate in the program.
(d) An eligible employer may at any time discharge a participant for just cause (as defined in IC 22-4-15-1(d)) to the same extent and in the same manner as the employer may discharge an employee who is not a participant. The employer shall notify the director that the employer has discharged a participant, including the circumstances constituting just cause for the discharge.
(e) Not more than twenty-five percent (25%) of an eligible employer's full-time workforce may participate in the program at the same time.
Sec. 12. (a) Except as provided in subsection (b), an eligible employer receives a monthly reimbursement of the hourly wage paid to a participant employed by the employer in accordance with the following schedule:
(1) During the first and second months of a participant's subsidized employment period, the participant's employer is reimbursed one hundred percent (100%) of the participant's hourly wage.
(2) During the third month of a participant's subsidized employment period, the participant's employer is reimbursed seventy-five (75%) of the participant's hourly wage.
(3) During the fourth and fifth months of a participant's subsidized employment period, the participant's employer is reimbursed fifty percent (50%) of the participant's hourly wage.
(4) During the sixth month of a participant's subsidized employment period, the participant's employer is reimbursed twenty-five percent (25%) of the participant's hourly wage.
(b) If an eligible employer:
(1) fails, for a reason other than the participant's discharge for just cause, to employ a participant for the entire subsidized employment period agreed upon in section 11(b)(4) of this chapter; or
(2) becomes ineligible to participate in the program while employing a participant whose hourly wage is being subsidized;
the employer shall repay the amount of the subsidies received under this chapter that are attributable to each participant who is unable to complete a subsidized employment period with the employer because of the employer's failure or ineligibility. The director shall determine the method and manner of repayment.
Sec. 13. (a) For each state fiscal year that an appropriation is made by P.L.182-2009(ss) for TANF, augmentation is allowed (as defined in P.L.182-2009(ss), SECTION 1) from any state fund that is not restricted by federal law or the terms of a contract, grant, loan, gift, or bequest solely for the purpose of providing state match money to obtain the maximum emergency funding for TANF programs available to the state under Division B, Title II, Subtitle B of the federal American Recovery and Reinvestment Act of 2009. The amount of augmentation from a fund other than the state general fund that is not expended or unencumbered before the end of a state fiscal year reverts to and is available for the purposes of the fund from which the augmentation came. Notwithstanding IC 4-9.1-1-7, IC 4-12-1-12, IC 4-13-2-23, or another law, the money may not be transferred, assigned, or reassigned for another purpose.
(b) On June 30, 2010, and at the end of each quarter thereafter, the director shall submit to the budget committee a report describing the:
(1) director's progress in implementing this chapter; and
(2) sources of the state match money described in subsection (a).
Sec. 14. This chapter expires June 30, 2013.
(1) open to inspection; and
(2) subject to being copied;
by an authorized representative of the department at any reasonable
time and as often as may be necessary. The department, the review
board, or an administrative law judge may require from any employing
unit any verified or unverified report, with respect to persons employed
by it, which is considered necessary for the effective administration of
this article.
(b) Except as provided in subsections (d) and (f), information
obtained or obtained from any person in the administration of this
article and the records of the department relating to the unemployment
tax or the payment of benefits is confidential and may not be published
or be open to public inspection in any manner revealing the individual's
or the employing unit's identity, except in obedience to an order of a
court or as provided in this section.
(c) A claimant or an employer at a hearing before an administrative
law judge or the review board shall be supplied with information from
the records referred to in this section to the extent necessary for the
proper presentation of the subject matter of the appearance. The
department may make the information necessary for a proper
presentation of a subject matter before an administrative law judge or
the review board available to an agency of the United States or an
Indiana state agency.
(d) The department may release the following information:
(1) Summary statistical data may be released to the public.
(2) Employer specific information known as ES 202 data and data
resulting from enhancements made through the business
establishment list improvement project may be released to the
Indiana economic development corporation only for the following
purposes:
(A) The purpose of conducting a survey.
(B) The purpose of aiding the officers or employees of the
Indiana economic development corporation in providing
economic development assistance through program
development, research, or other methods.
(C) Other purposes consistent with the goals of the Indiana
economic development corporation and not inconsistent with
those of the department, including the purposes of
IC 5-28-6-7.
(3) Employer specific information known as ES 202 data and data
resulting from enhancements made through the business
establishment list improvement project may be released to the
budget agency and the legislative services agency only for aiding
the employees of the budget agency or the legislative services
agency in forecasting tax revenues.
(4) Information obtained from any person in the administration of this article and the records of the department relating to the unemployment tax or the payment of benefits for use by the following governmental entities:
(A) department of state revenue; or
(B) state or local law enforcement agencies;
only if there is an agreement that the information will be kept confidential and used for legitimate governmental purposes.
(e) The department may make information available under subsection (d)(1), (d)(2), or (d)(3) only:
(1) if:
(A) data provided in summary form cannot be used to identify information relating to a specific employer or specific employee; or
(B) there is an agreement that the employer specific information released to the Indiana economic development corporation, the budget agency, or the legislative services agency will be treated as confidential and will be released only in summary form that cannot be used to identify information relating to a specific employer or a specific employee; and
(2) after the cost of making the information available to the person requesting the information is paid under IC 5-14-3.
(f) In addition to the confidentiality provisions of subsection (b), the fact that a claim has been made under IC 22-4-15-1(c)(8) and any information furnished by the claimant or an agent to the department to verify a claim of domestic or family violence are confidential. Information concerning the claimant's current address or physical location shall not be disclosed to the employer or any other person. Disclosure is subject to the following additional restrictions:
(1) The claimant must be notified before any release of information.
(2) Any disclosure is subject to redaction of unnecessary identifying information, including the claimant's address.
(g) An employee:
(1) of the department who recklessly violates subsection (a), (c), (d), (e), or (f); or
(2) of any governmental entity listed in subsection (d)(4) who recklessly violates subsection (d)(4);
commits a Class B misdemeanor.
(h) An employee of the Indiana economic development corporation, the budget agency, or the legislative services agency who violates subsection (d) or (e) commits a Class B misdemeanor.
(i) An employer or agent of an employer that becomes aware that a claim has been made under IC 22-4-15-1(c)(8) shall maintain that information as confidential.
(j) The department may charge a reasonable processing fee not to exceed two dollars ($2) for each record that provides information about an individual's last known employer released in compliance with a court order under subsection (b).
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(b) Except as provided in subsection (e), a contract for a public works project under this chapter may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees of the contractor who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees working on the subcontract.
(c) Except as provided in subsection (e), a contract awarded under this chapter for a public works project is terminated if the unit determines that the contractor has failed to:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(d) Except as provided in subsection (e), a contractor or
subcontractor who fails to employ residents of Indiana as at least
eighty percent (80%) of the employees who work on the contract
or subcontract commits a Class B infraction for each nonresident
of Indiana employed in excess of the number of nonresident
employees permitted by this section.
(e) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (b) through (d) do not apply.
(f) If an agency of the federal government makes a
determination under subsection (e) that causes a contract to be
exempted from the requirements of subsections (b) through (d),
this section is meant to express the view of the general assembly
that expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(g) A contract exempted from the requirements of subsections
(b) through (d) may not reference the employment of Indiana
residents. The division may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (b) through (d):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(h) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area
with limited persons able to perform the work.
(1) A city having a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000).
(2) A city having a population of more than one hundred five thousand (105,000) but less than one hundred twenty thousand
(120,000).
(3) A city having a population of more than one hundred fifty
thousand (150,000) but less than five hundred thousand
(500,000).
(4) A city having a population of more than one hundred twenty
thousand (120,000) but less than one hundred fifty thousand
(150,000).
(5) Warrick County.
(1) The authority to establish a district in the county expires January 1, 2015, if the board fails to approve a resolution designating a district in the county before January 1, 2015.
(2) A district designated in the county expires January 1, 2015, if the commission fails to issue bonds to finance a local public improvement project in the district before January 1, 2015.
(b) Present economic conditions in such areas are beyond remedy and control by existing regulatory processes because of the substantial public financial commitments necessary to encourage significant increases in economic activities in such areas.
(c) Economic development of certain reclaimed coal land near the Blue Grass Fish and Wildlife Area and Interstate Highway 164 is vital for a county described in section 1(5) of this chapter.
(1) attract new businesses and encourage existing business to remain or expand;
(2) increase temporary and permanent employment opportunities and private sector investment;
(3) protect and increase state and local tax bases; and
(4) encourage overall economic growth in Indiana.
only by a coordinated effort of local and state governments.
(f) (g) This chapter shall be liberally construed to carry out the
purposes of this chapter and to provide the county described in
section 1(5) of this chapter and cities with maximum flexibility to
accomplish those purposes.
(1) this chapter;
(2) IC 36-7-14;
(3) IC 36-7-14.5; or
(4) IC 36-7-25.
(1) Maps and plats showing the boundaries of the proposed district.
(2) A complete list of street names and the range of street numbers of each street situated in the proposed district.
(3) A plan for the redevelopment and economic development of the proposed district. The plan must describe the local public improvements necessary or appropriate for the redevelopment or economic development.
(b) For a city described in section 1(2) or 1(3) of this chapter, the proposed district must contain a commercial retail facility with at least five hundred thousand (500,000) square feet, and any distributions from the fund must be used in the area described in subsection (a) or in areas that directly benefit the area described in subsection (a).
(c) For a city described in section 1(4) of this chapter, the proposed district may not contain any territory outside the boundaries of a redevelopment project area established within the central business district of the city before 1985.
(d) For a county described in section 1(5) of this chapter, the proposed district must:
(1) be located in whole or in part on reclaimed coal land near
the Blue Grass Fish and Wildlife Area and Interstate
Highway 164; and
(2) adjoin the northernmost boundary of the Blue Grass Fish
and Wildlife Area.
(1) the data required under section 14 of this chapter;
(2) the information concerning the proposed redevelopment and economic development of the proposed district; and
(3) the proposed utilization of the revenues to be received under section 23 of this chapter.
This information may be modified from time to time after the initial submission. The commission shall provide to the board any additional information that the board may request from time to time.
(b) This subsection applies only to a county described in section 1(5) of this chapter. Upon adoption of a resolution designating a district under section 15 of this chapter, the commission shall submit the resolution to the county fiscal body and the county executive for ratification and then shall submit the resolution to the board for approval. In submitting the resolution to the board, the commission shall deliver to the board:
(1) the data required under section 14 of this chapter;
(2) the information concerning the proposed redevelopment and economic development of the proposed district; and
(3) the proposed use of the revenues to be received under section 23 of this chapter.
This information may be modified periodically after the initial submission. The commission shall provide to the board any additional information that the board requests.
commission will hold a hearing to receive and hear remonstrances and
other testimony from persons interested in or affected by the
establishment of the district. All affected persons, including all persons
or entities owning property or doing business in the district, shall be
considered notified of the pendency of the hearing and of subsequent
acts, hearings, adjournments, and resolutions of the commission by the
notice given under this section.
(d) The approval of the board under subsection (b) is final and
conclusive.
(b) This subsection applies only to a county described in section 1(5) of this chapter. The determination of the commission to create a district under this chapter, after approval by the board, must be approved by ordinance of the fiscal body of the county.
(b) On January 15 of each year, the commission shall remit to the treasurer of state the money disbursed from the fund that is credited to the net increment account that exceeds the amount needed to pay debt service or lease rentals and to establish and maintain a debt service reserve under this chapter in the prior year and before May 31 of that year. Amounts remitted under this subsection shall be deposited by the auditor of state as other gross retail and use taxes are deposited.
(c) The commission in a city described in section 1(2) of this chapter may distribute money from the fund only for the following:
(1) Road, interchange, and right-of-way improvements.
(2) Acquisition costs of a commercial retail facility and for real property acquisition costs in furtherance of the road, interchange, and right-of-way improvements.
(3) Demolition of commercial property and any related expenses incurred before or after the demolition of the commercial property.
(4) For physical improvements or alterations of property that enhance the commercial viability of the district.
(d) The commission in a city described in section 1(3) of this chapter may distribute money from the fund only for the following purposes:
(1) For road, interchange, and right-of-way improvements and for real property acquisition costs in furtherance of the road, interchange, and right-of-way improvements.
(2) For the demolition of commercial property and any related expenses incurred before or after the demolition of the commercial property.
(e) The commission in a city described in section 1(4) of this chapter may distribute money from the fund only for the following purposes:
(1) For:
(A) the acquisition, demolition, and renovation of property; and
(B) site preparation and financing;
related to the development of housing in the district.
(2) For physical improvements or alterations of property that enhance the commercial viability of the district.
(f) The commission in a county described in section 1(5) of this chapter may distribute money from the fund for the following district project costs associated with the development or redevelopment of the district:
(1) The total cost of acquisition of all land, rights-of-way, and other property to be acquired, developed, or redeveloped for the project.
(2) Site preparation, including utilities and infrastructure.
(3) Costs associated with the construction or establishment of a museum and education complex and a multisport athletic complex that are owned or leased by:
(A) the county described in section 1(5) of this chapter;
(B) the commission;
(C) an authority (as defined in IC 36-7-14.5-2);
(D) a leasing body (as defined in IC 5-1-1-1); or
(E) one (1) or more entities that are exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code.
(4) Road, interchange, and right-of-way improvements.
(5) Public parking facilities.
(6) All reasonable and necessary architectural, engineering, legal, financing, accounting, advertising, bond discount, and supervisory expenses related to the acquisition and development or redevelopment of the property or the issuance of bonds.
(7) For any bonds issued by an entity to which money from the fund may be pledged under subsection (a), debt service, lease payments, capitalized interest, or debt service reserve for the bonds to the extent the commission determines that a reserve is reasonably required.
(b) The board may not approve a resolution under section 16 of this chapter until the board has satisfied itself that the city in which the proposed district will be established has maximized the use of tax increment financing under IC 36-7-14 or IC 36-7-14.5 to finance public improvements within or serving the proposed district. The city may not grant property tax abatements to the taxpayers within the proposed district or a district, except that the board may approve a resolution under section 16 of this chapter in the proposed district or a district in which real property tax abatement not to exceed three (3) years has been granted.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 28. A county described in section
1(5) of this chapter is unique because:
(1) it is the location of:
(A) surface coal mining operations;
(B) strip mined land currently in the process of
reclamation; and
(C) the Blue Grass Fish and Wildlife Area;
all of which are in close proximity to Interstate Highway 164;
and
(2) the county has been presented with an opportunity to:
(A) improve the quality of life in the county;
(B) provide educational and recreational opportunities to
residents of the county and the state; and
(C) promote tourism in the county and the state.
(1) A war veteran who has been honorably discharged from the United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board or person having the authority to employ members of a fire or police department may give a preference for employment to any of the following:
(1) A police officer or firefighter laid off by another city under section 11 of this chapter.
(2) A county police officer laid off by a sheriff's department under IC 36-8-10-11.1.
(3) A person who:
(A) was employed full-time or part-time by a township to provide fire protection and emergency services; and
(B) has been laid off by the township.
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the fire or police department.
(1) A war veteran who has been honorably discharged from the United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board may give a preference for employment to any of the following:
(1) A member of another department laid off under section 11.1 of this chapter.
(2) A police officer laid off by a city under IC 36-8-4-11.
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the department.
(1) Purchase firefighting and emergency services apparatus and equipment for the township, provide for the housing, care, maintenance, operation, and use of the apparatus and equipment to provide services within the township but outside the corporate boundaries of municipalities, and employ full-time or part-time personnel to operate the apparatus and equipment and to provide services in that area. Preference in employment under this section shall be given according to the following priority:
(A) A war veteran who has been honorably discharged from the United States armed forces.
(B) A person whose mother or father was a:
(i) firefighter of a unit;
(ii) municipal police officer; or
(iii) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
The executive of a township may give a preference for employment under this section to a person who was employed full-time or part-time by another township to provide fire protection and emergency services and has been laid off by the township. The executive of a township may also give a preference for employment to a firefighter laid off by a city under IC 36-8-4-11. A person described in this subdivision may not receive a preference for employment unless the person applies for employment and meets all employment requirements prescribed by law, including physical and age requirements, and all employment requirements prescribed by the fire department.
(2) Contract with a municipality in the township or in a contiguous township that maintains adequate firefighting or emergency services apparatus and equipment to provide fire protection or emergency services for the township in accordance with IC 36-1-7.
(3) Cooperate with a municipality in the township or in a contiguous township in the purchase, maintenance, and upkeep of firefighting or emergency services apparatus and equipment for use in the municipality and township in accordance with IC 36-1-7.
(4) Contract with a volunteer fire department that has been organized to fight fires in the township for the use and operation of firefighting apparatus and equipment that has been purchased by the township in order to save the private and public property of the township from destruction by fire, including use of the apparatus and equipment in an adjoining township by the department if the department has made a contract with the executive of the adjoining township for the furnishing of firefighting service within the township.
(5) Contract with a volunteer fire department that maintains adequate firefighting service in accordance with IC 36-8-12.
(b) This subsection applies only to townships that provide fire protection or emergency services or both under subsection (a)(1) and to municipalities that have some part of the municipal territory within a township and do not have a full-time paid fire department. A township may provide fire protection or emergency services or both without contracts inside the corporate boundaries of the municipalities if before July 1 of a year the following occur:
(1) The legislative body of the municipality adopts an ordinance
to have the township provide the services without a contract.
(2) The township legislative body passes a resolution approving
the township's provision of the services without contracts to the
municipality.
In a township providing services to a municipality under this section,
the legislative body of either the township or a municipality in the
township may opt out of participation under this subsection by adopting
an ordinance or a resolution, respectively, before July 1 of a year.
(c) This subsection applies only to a township that:
(1) is located in a county containing a consolidated city;
(2) has at least three (3) included towns (as defined in
IC 36-3-1-7) that have all municipal territory completely within
the township on January 1, 1996; and
(3) provides fire protection or emergency services, or both, under
subsection (a)(1);
(1) Best practices in state and local economic development policies and activities.
(2) The use and effectiveness of tax credits and deductions.
(3) Whether there are any specific sectors of the economy for which Indiana might have comparative advantages over other states.
(4) The extent to which Indiana's tax laws encourage business investment, and any improvements that might be made to Indiana's tax laws.
(5) The extent to which Indiana's education systems support economic development.
(6) Any other issue assigned to the committee by the legislative council or as directed by the committee's co-chairs.
(b) The committee consists of the following members:
(1) Two (2) members of the senate, who must be affiliated with different political parties, appointed by the president pro tempore of the senate.
(2) The following six (6) members appointed by the president pro tempore of the senate:
(A) One (1) member to represent large businesses.
(B) One (1) member to represent banking and finance.
(C) One (1) member to represent higher education.
(D) One (1) member to represent cities.
(E) One (1) member to represent agricultural interests.
(F) One (1) member to represent the arts and humanities.
(3) Two (2) members of the house of representatives, who must be affiliated with different political parties, appointed by the speaker of the house of representatives.
(4) The following six (6) members appointed by the speaker of the house of representatives:
(A) One (1) member to represent small businesses.
(B) One (1) member to represent labor interests.
(C) One (1) member to represent local economic development organizations and officials.
(D) One (1) member to represent counties.
(E) One (1) member to represent the public at large.
(F) One (1) member to represent kindergarten through grade 12 education.
(5) The chief executive officer of the Indiana economic development corporation (or the chief executive officer's designee).
(c) The president pro tempore of the senate shall appoint one (1) of the members appointed by the president pro tempore as a co-chair of the committee. The speaker of the house of representatives shall appoint one (1) of the members appointed by the speaker as a co-chair of the committee.
(d) The committee shall issue a final report in an electronic format under IC 5-14-6 before November 30, 2010, to the legislative council containing any findings and recommendations of the committee.
(e) Except as otherwise provided, the committee shall operate
under the policies governing study committees adopted by the
legislative council.
(f) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
(g) This SECTION expires January 1, 2011.".
(b) In addition to the appropriations made to the Indiana economic development corporation by P.L.182-2009(ss), there is appropriated one million five hundred thousand dollars ($1,500,000) to the Indiana economic development corporation for the total operating expenses of the capital access program established under IC 5-28-29 for the biennium beginning July 1, 2009, and ending June 30, 2011. The amount of the appropriation is in addition to any amount allotted, encumbered, or expended before the effective date of this SECTION for the capital access program established under IC 5-28-29 or transferred before the effective date of this SECTION to the reserve fund (as defined in IC 5-28-29-12).
(c) The appropriations made to the Indiana economic development corporation for the biennium beginning July 1, 2009, and ending June 30, 2011, by P.L.182-2009(ss) are reduced by one million five hundred thousand dollars ($1,500,000). The budget agency shall exercise its authority under IC 4-12-1-12 to reassign appropriations made to the Indiana economic development corporation for the state fiscal year beginning July 1, 2009, and ending June 30, 2010, and the state fiscal year beginning July 1, 2010, and ending June 30, 2011, to determine the specific line item appropriations that must be reduced under this subsection to fund the appropriation made by subsection (b).
(d) An amount appropriated under subsection (b) may not be used for administrative expenses. However, up to two hundred fifty thousand dollars ($250,000) of the amount appropriated by subsection (b) shall be used to improve and carry out the marketing program for the capital access program required under IC 5-28-29-14(2). The remainder of the appropriation not used for the marketing program shall be deposited in the reserve fund (as defined in IC 5-28-29-12) and used in the biennium to provide capital to businesses, particularly small and medium sized businesses, to foster economic development in Indiana.
(e) Notwithstanding any other law, the amount appropriated
under subsection (b):
(1) may not be transferred or reassigned to another purpose
or fund;
(2) does not revert to the state general fund or any other fund
at the end of a state fiscal year and remains available in
subsequent state fiscal years for the purposes of the capital
access program established under IC 5-28-29; and
(3) shall be allotted and expended for the purposes of the
capital access program established under IC 5-28-29.
IC 4-13-2-18(f) does not apply to an amount reassigned under this
SECTION or any other amount appropriated or allotted to the
purposes of the capital access program established under
IC 5-28-29.
