14 | | - | SECTION 1. IC 4-10-18-10, AS AMENDED BY P.L.104-2022, |
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15 | | - | SECTION 7, AND AS AMENDED BY P.L.114-2022, SECTION 5, IS |
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16 | | - | CORRECTED AND AMENDED TO READ AS FOLLOWS |
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17 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 10. (a) The state board of finance |
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18 | | - | may lend money from the fund to entities listed in subsections (e) |
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19 | | - | through (k) for the purposes specified in those subsections. |
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20 | | - | (b) An entity must apply for the loan before May 1, 1989, in a form |
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21 | | - | approved by the state board of finance. As part of the application, the |
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22 | | - | entity shall submit a plan for its use of the loan proceeds and for the |
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23 | | - | repayment of the loan. Within sixty (60) days after receipt of each |
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24 | | - | application, the board shall meet to consider the application and to |
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25 | | - | review its accuracy and completeness and to determine the need for the |
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26 | | - | loan. The board shall authorize a loan to an entity that makes an |
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27 | | - | application if the board approves its accuracy and completeness and |
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28 | | - | determines that there is a need for the loan and an adequate method of |
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29 | | - | repayment. |
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30 | | - | (c) The state board of finance shall determine the terms of each |
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31 | | - | loan, which must include the following: |
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32 | | - | (1) The duration of the loan, which must not exceed twelve (12) |
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33 | | - | years. |
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34 | | - | (2) The repayment schedule of the loan, which must provide that |
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35 | | - | SEA 418(ts) 2 |
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36 | | - | no payments are due during the first two (2) years of the loan. |
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37 | | - | (3) A variable rate of interest to be determined by the board and |
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38 | | - | adjusted annually. The interest rate must be the greater of: |
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39 | | - | (A) five percent (5%); or |
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40 | | - | (B) two-thirds (2/3) of the interest rate for fifty-two (52) week |
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41 | | - | United States Treasury bills on the anniversary date of the |
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42 | | - | loan, but not to exceed ten percent (10%). |
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43 | | - | (4) The amount of the loan or loans, which may not exceed the |
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44 | | - | maximum amounts established for the entity by this section. |
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45 | | - | (5) Any other conditions specified by the board. |
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46 | | - | (d) An entity may borrow money under this section by adoption of |
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47 | | - | an ordinance or a resolution and, as set forth in IC 5-1-14, may use any |
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48 | | - | source of revenue to repay a loan under this section. This section |
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49 | | - | constitutes complete authority for the entity to borrow from the fund. |
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50 | | - | If an entity described in subsection (i) fails to make any repayments of |
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51 | | - | a loan, the amount payable shall be withheld by the auditor of state |
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52 | | - | from any other money payable to the consolidated city. If any other |
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53 | | - | entity described in this section fails to make any repayments of a loan, |
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54 | | - | the amount payable shall be withheld by the auditor of state from any |
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55 | | - | other money payable to the entity. The amount withheld shall be |
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56 | | - | transferred to the fund to the credit of the entity. |
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57 | | - | (e) A loan under this section may be made to a city located in a |
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58 | | - | county having a population of more than twenty-five thousand (25,000) |
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59 | | - | but less than twenty-five thousand eight hundred (25,800) twenty-six |
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60 | | - | thousand four hundred seventy (26,470) and less than twenty-seven |
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61 | | - | thousand (27,000) for the city's waterworks facility. The amount of the |
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62 | | - | loan may not exceed one million six hundred thousand dollars |
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63 | | - | ($1,600,000). |
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64 | | - | (f) As used in this subsection, "corridor" means the strip of land in |
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65 | | - | Indiana abutting Lake Michigan and the tributaries of Lake Michigan. |
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66 | | - | A loan under this section may be made to a city the territory of which |
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67 | | - | is included in part within the Lake Michigan corridor (as defined in |
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68 | | - | IC 14-13-3-2, before its repeal) for a marina development project. As |
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69 | | - | a part of its application under subsection (b), the city must include the |
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70 | | - | following: |
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71 | | - | (1) Written approval by the Lake Michigan marina development |
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72 | | - | commission of the project to be funded by the loan proceeds. |
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73 | | - | (2) A written determination by the commission of the amount |
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74 | | - | needed by the city, for the project and of the amount of the |
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75 | | - | maximum loan amount under this subsection that should be lent |
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76 | | - | to the city. |
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77 | | - | The maximum amount of loans available for all cities that are eligible |
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78 | | - | SEA 418(ts) 3 |
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79 | | - | for a loan under this subsection is eight million six hundred thousand |
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80 | | - | dollars ($8,600,000). |
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81 | | - | (g) A loan under this section may be made to a county having a |
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82 | | - | population of more than one hundred seventy-five thousand (175,000) |
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83 | | - | but less than one hundred eighty-five thousand (185,000) one hundred |
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84 | | - | eighty thousand (180,000) and less than one hundred eighty-five |
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85 | | - | thousand (185,000) for use by the airport authority in the county for the |
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86 | | - | construction of runways. The amount of the loan may not exceed seven |
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87 | | - | million dollars ($7,000,000). The county may lend the proceeds of its |
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88 | | - | loan to an airport authority for the public purpose of fostering |
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89 | | - | economic growth in the county. |
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90 | | - | (h) A loan under this section may be made to a city having a |
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91 | | - | population of more than sixty thousand (60,000) but less than sixty-five |
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92 | | - | thousand (65,000) fifty-eight thousand (58,000) and less than fifty-nine |
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93 | | - | thousand (59,000) for the construction of parking facilities. The |
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94 | | - | amount of the loan may not exceed three million dollars ($3,000,000). |
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95 | | - | (i) A loan or loans under this section may be made to a consolidated |
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96 | | - | city, a local public improvement bond bank, or any board, authority, or |
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97 | | - | commission of the consolidated city to fund economic development |
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98 | | - | projects under IC 36-7-15.2-5 or to refund obligations issued to fund |
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99 | | - | economic development projects. The amount of the loan may not |
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100 | | - | exceed thirty million dollars ($30,000,000). |
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101 | | - | (j) A loan under this section may be made to a county having a |
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102 | | - | population of more than thirteen thousand (13,000) but less than |
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103 | | - | fourteen thousand (14,000) twelve thousand five hundred (12,500) and |
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104 | | - | less than thirteen thousand (13,000) for extension of airport runways. |
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105 | | - | The amount of the loan may not exceed three hundred thousand dollars |
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106 | | - | ($300,000). |
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107 | | - | (k) A loan under this section may be made to Covington Community |
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108 | | - | School Corporation to refund the amount due on a tax anticipation |
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109 | | - | warrant loan. The amount of the loan may not exceed two million seven |
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110 | | - | hundred thousand dollars ($2,700,000), to be paid back from any |
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111 | | - | source of money that is legally available to the school corporation. |
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112 | | - | Notwithstanding subsection (b), the school corporation must apply for |
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113 | | - | the loan before June 30, 2010. Notwithstanding subsection (c), |
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114 | | - | repayment of the loan shall be made in equal installments over five (5) |
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115 | | - | years with the first installment due not more than six (6) months after |
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116 | | - | the date loan proceeds are received by the school corporation. |
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117 | | - | (l) IC 6-1.1-20 does not apply to a loan made by an entity under this |
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118 | | - | section. |
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119 | | - | (m) As used in this section, "entity" means a governmental entity |
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120 | | - | authorized to obtain a loan under subsections (e) through (k). |
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121 | | - | SEA 418(ts) 4 |
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122 | | - | SECTION 2. IC 4-33-13-5, AS AMENDED BY P.L.137-2022, |
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123 | | - | SECTION 7, AND AS AMENDED BY P.L.104-2022, SECTION 9, IS |
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124 | | - | CORRECTED AND AMENDED TO READ AS FOLLOWS |
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125 | | - | [EFFECTIVE APRIL 1, 2022 (RETROACTIVE)]: Sec. 5. (a) This |
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126 | | - | subsection does not apply to tax revenue remitted by an operating agent |
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127 | | - | operating a riverboat in a historic hotel district. After funds are |
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128 | | - | appropriated under section 4 of this chapter, each month the auditor of |
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129 | | - | state shall distribute the tax revenue deposited in the state gaming fund |
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130 | | - | under this chapter to the following: |
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131 | | - | (1) An amount equal to the following shall be set aside for |
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132 | | - | revenue sharing under subsection (d): |
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133 | | - | (A) Before July 1, 2021, the first thirty-three million dollars |
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134 | | - | ($33,000,000) of tax revenues collected under this chapter |
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135 | | - | shall be set aside for revenue sharing under subsection (d). |
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136 | | - | (B) After June 30, 2021, if the total adjusted gross receipts |
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137 | | - | received by licensees from gambling games authorized under |
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138 | | - | this article during the preceding state fiscal year is equal to or |
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139 | | - | greater than the total adjusted gross receipts received by |
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140 | | - | licensees from gambling games authorized under this article |
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141 | | - | during the state fiscal year ending June 30, 2020, the first |
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142 | | - | thirty-three million dollars ($33,000,000) of tax revenues |
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143 | | - | collected under this chapter shall be set aside for revenue |
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144 | | - | sharing under subsection (d). |
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145 | | - | (C) After June 30, 2021, if the total adjusted gross receipts |
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146 | | - | received by licensees from gambling games authorized under |
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147 | | - | this article during the preceding state fiscal year is less than |
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148 | | - | the total adjusted gross receipts received by licensees from |
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149 | | - | gambling games authorized under this article during the state |
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150 | | - | year ending June 30, 2020, an amount equal to the first |
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151 | | - | thirty-three million dollars ($33,000,000) of tax revenues |
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152 | | - | collected under this chapter multiplied by the result of: |
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153 | | - | (i) the total adjusted gross receipts received by licensees |
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154 | | - | from gambling games authorized under this article during |
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155 | | - | the preceding state fiscal year; divided by |
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156 | | - | (ii) the total adjusted gross receipts received by licensees |
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157 | | - | from gambling games authorized under this article during |
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158 | | - | the state fiscal year ending June 30, 2020; |
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159 | | - | shall be set aside for revenue sharing under subsection (d). |
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160 | | - | (2) Subject to subsection (c), twenty-five percent (25%) of the |
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161 | | - | remaining tax revenue remitted by each licensed owner shall be |
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162 | | - | paid: |
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163 | | - | (A) to the city in which the riverboat is located or that is |
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164 | | - | SEA 418(ts) 5 |
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165 | | - | designated as the home dock of the riverboat from which the |
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166 | | - | tax revenue was collected, in the case of: |
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167 | | - | (i) a city described in IC 4-33-12-6(b)(1)(A); |
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168 | | - | (ii) a city located in a county having a population of more |
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169 | | - | than four hundred thousand (400,000) and less than seven |
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170 | | - | hundred thousand (700,000); Lake County; or |
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171 | | - | (iii) Terre Haute; or |
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172 | | - | (B) to the county that is designated as the home dock of the |
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173 | | - | riverboat from which the tax revenue was collected, in the case |
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174 | | - | of a riverboat that is not located in a city described in clause |
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175 | | - | (A) or whose home dock is not in a city described in clause |
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176 | | - | (A). |
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177 | | - | (3) The remainder of the tax revenue remitted by each licensed |
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178 | | - | owner shall be paid to the state general fund. In each state fiscal |
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179 | | - | year, the auditor of state shall make the transfer required by this |
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180 | | - | subdivision not later than the last business day of the month in |
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181 | | - | which the tax revenue is remitted to the state on or before the |
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182 | | - | fifteenth day of the month based on revenue received during the |
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183 | | - | preceding month for deposit in the state gaming fund. However, |
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184 | | - | if tax revenue is received by the state on the last business day in |
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185 | | - | a month, Specifically, the auditor of state may transfer the tax |
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186 | | - | revenue received by the state in a month to the state general fund |
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187 | | - | in the immediately following month according to this subdivision. |
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188 | | - | (b) This subsection applies only to tax revenue remitted by an |
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189 | | - | operating agent operating a riverboat in a historic hotel district after |
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190 | | - | June 30, 2019. After funds are appropriated under section 4 of this |
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191 | | - | chapter, each month the auditor of state shall distribute the tax revenue |
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192 | | - | remitted by the operating agent under this chapter as follows: |
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193 | | - | (1) For state fiscal years beginning after June 30, 2019, but |
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194 | | - | ending before July 1, 2021, fifty-six and five-tenths percent |
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195 | | - | (56.5%) shall be paid to the state general fund. |
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196 | | - | (2) For state fiscal years beginning after June 30, 2021, fifty-six |
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197 | | - | and five-tenths percent (56.5%) shall be paid as follows: |
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198 | | - | (A) Sixty-six and four-tenths percent (66.4%) shall be paid to |
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199 | | - | the state general fund. |
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200 | | - | (B) Thirty-three and six-tenths percent (33.6%) shall be paid |
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201 | | - | to the West Baden Springs historic hotel preservation and |
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202 | | - | maintenance fund established by IC 36-7-11.5-11(b). |
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203 | | - | However, if: |
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204 | | - | (i) at any time the balance in that fund exceeds twenty-five |
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205 | | - | million dollars ($25,000,000); or |
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206 | | - | (ii) in any part of a state fiscal year in which the operating |
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207 | | - | SEA 418(ts) 6 |
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208 | | - | agent has received at least one hundred million dollars |
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209 | | - | ($100,000,000) of adjusted gross receipts; |
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210 | | - | the amount described in this clause shall be paid to the state |
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211 | | - | general fund for the remainder of the state fiscal year. |
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212 | | - | (3) Forty-three and five-tenths percent (43.5%) shall be paid as |
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213 | | - | follows: |
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214 | | - | (A) Twenty-two and four-tenths percent (22.4%) shall be paid |
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215 | | - | as follows: |
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216 | | - | (i) Fifty percent (50%) to the fiscal officer of the town of |
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217 | | - | French Lick. |
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218 | | - | (ii) Fifty percent (50%) to the fiscal officer of the town of |
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219 | | - | West Baden Springs. |
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220 | | - | (B) Fourteen and eight-tenths percent (14.8%) shall be paid to |
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221 | | - | the county treasurer of Orange County for distribution among |
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222 | | - | the school corporations in the county. The governing bodies |
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223 | | - | for the school corporations in the county shall provide a |
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224 | | - | formula for the distribution of the money received under this |
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225 | | - | clause among the school corporations by joint resolution |
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226 | | - | adopted by the governing body of each of the school |
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227 | | - | corporations in the county. Money received by a school |
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228 | | - | corporation under this clause must be used to improve the |
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229 | | - | educational attainment of students enrolled in the school |
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230 | | - | corporation receiving the money. Not later than the first |
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231 | | - | regular meeting in the school year of a governing body of a |
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232 | | - | school corporation receiving a distribution under this clause, |
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233 | | - | the superintendent of the school corporation shall submit to |
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234 | | - | the governing body a report describing the purposes for which |
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235 | | - | the receipts under this clause were used and the improvements |
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236 | | - | in educational attainment realized through the use of the |
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237 | | - | money. The report is a public record. |
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238 | | - | (C) Thirteen and one-tenth percent (13.1%) shall be paid to the |
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239 | | - | county treasurer of Orange County. |
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240 | | - | (D) Five and three-tenths percent (5.3%) shall be distributed |
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241 | | - | quarterly to the county treasurer of Dubois County for |
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242 | | - | appropriation by the county fiscal body after receiving a |
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243 | | - | recommendation from the county executive. The county fiscal |
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244 | | - | body for the receiving county shall provide for the distribution |
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245 | | - | of the money received under this clause to one (1) or more |
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246 | | - | taxing units (as defined in IC 6-1.1-1-21) in the county under |
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247 | | - | a formula established by the county fiscal body after receiving |
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248 | | - | a recommendation from the county executive. |
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249 | | - | (E) Five and three-tenths percent (5.3%) shall be distributed |
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250 | | - | SEA 418(ts) 7 |
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251 | | - | quarterly to the county treasurer of Crawford County for |
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252 | | - | appropriation by the county fiscal body after receiving a |
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253 | | - | recommendation from the county executive. The county fiscal |
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254 | | - | body for the receiving county shall provide for the distribution |
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255 | | - | of the money received under this clause to one (1) or more |
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256 | | - | taxing units (as defined in IC 6-1.1-1-21) in the county under |
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257 | | - | a formula established by the county fiscal body after receiving |
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258 | | - | a recommendation from the county executive. |
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259 | | - | (F) Six and thirty-five hundredths percent (6.35%) shall be |
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260 | | - | paid to the fiscal officer of the town of Paoli. |
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261 | | - | (G) Six and thirty-five hundredths percent (6.35%) shall be |
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262 | | - | paid to the fiscal officer of the town of Orleans. |
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263 | | - | (H) Twenty-six and four-tenths percent (26.4%) shall be paid |
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264 | | - | to the Indiana economic development corporation established |
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265 | | - | by IC 5-28-3-1 for transfer as follows: |
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266 | | - | (i) Beginning after December 31, 2017, ten percent (10%) |
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267 | | - | of the amount transferred under this clause in each calendar |
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268 | | - | year shall be transferred to the South Central Indiana |
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269 | | - | Regional Economic Development Corporation or a |
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270 | | - | successor entity or partnership for economic development |
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271 | | - | for the purpose of recruiting new business to Orange County |
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272 | | - | as well as promoting the retention and expansion of existing |
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273 | | - | businesses in Orange County. |
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274 | | - | (ii) The remainder of the amount transferred under this |
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275 | | - | clause in each calendar year shall be transferred to Radius |
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276 | | - | Indiana or a successor regional entity or partnership for the |
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277 | | - | development and implementation of a regional economic |
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278 | | - | development strategy to assist the residents of Orange |
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279 | | - | County and the counties contiguous to Orange County in |
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280 | | - | improving their quality of life and to help promote |
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281 | | - | successful and sustainable communities. |
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282 | | - | To the extent possible, the Indiana economic development |
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283 | | - | corporation shall provide for the transfer under item (i) to be |
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284 | | - | made in four (4) equal installments. However, an amount |
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285 | | - | sufficient to meet current obligations to retire or refinance |
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286 | | - | indebtedness or leases for which tax revenues under this |
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287 | | - | section were pledged before January 1, 2015, by the Orange |
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288 | | - | County development commission shall be paid to the Orange |
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289 | | - | County development commission before making distributions |
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290 | | - | to the South Central Indiana Regional Economic Development |
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291 | | - | Corporation and Radius Indiana or their successor entities or |
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292 | | - | partnerships. The amount paid to the Orange County |
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293 | | - | SEA 418(ts) 8 |
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294 | | - | development commission shall proportionally reduce the |
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295 | | - | amount payable to the South Central Indiana Regional |
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296 | | - | Economic Development Corporation and Radius Indiana or |
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297 | | - | their successor entities or partnerships. |
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298 | | - | (c) This subsection does not apply to tax revenue remitted by an |
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299 | | - | inland casino operating in Vigo County. For each city and county |
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300 | | - | receiving money under subsection (a)(2), the auditor of state shall |
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301 | | - | determine the total amount of money paid by the auditor of state to the |
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302 | | - | city or county during the state fiscal year 2002. The amount determined |
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303 | | - | is the base year revenue for the city or county. The auditor of state shall |
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304 | | - | certify the base year revenue determined under this subsection to the |
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305 | | - | city or county. The total amount of money distributed to a city or |
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306 | | - | county under this section during a state fiscal year may not exceed the |
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307 | | - | entity's base year revenue. For each state fiscal year, the auditor of state |
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308 | | - | shall pay that part of the riverboat wagering taxes that: |
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309 | | - | (1) exceeds a particular city's or county's base year revenue; and |
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310 | | - | (2) would otherwise be due to the city or county under this |
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311 | | - | section; |
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312 | | - | to the state general fund instead of to the city or county. |
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313 | | - | (d) Except as provided in subsections (k) and (l), before August 15 |
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314 | | - | of each year, the auditor of state shall distribute the wagering taxes set |
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315 | | - | aside for revenue sharing under subsection (a)(1) to the county |
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316 | | - | treasurer of each county that does not have a riverboat according to the |
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317 | | - | ratio that the county's population bears to the total population of the |
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318 | | - | counties that do not have a riverboat. Except as provided in subsection |
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319 | | - | (g), the county auditor shall distribute the money received by the |
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320 | | - | county under this subsection as follows: |
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321 | | - | (1) To each city located in the county according to the ratio the |
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322 | | - | city's population bears to the total population of the county. |
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323 | | - | (2) To each town located in the county according to the ratio the |
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324 | | - | town's population bears to the total population of the county. |
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325 | | - | (3) After the distributions required in subdivisions (1) and (2) are |
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326 | | - | made, the remainder shall be retained by the county. |
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327 | | - | (e) Money received by a city, town, or county under subsection (d) |
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328 | | - | or (g) may be used for any of the following purposes: |
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329 | | - | (1) To reduce the property tax levy of the city, town, or county for |
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330 | | - | a particular year (a property tax reduction under this subdivision |
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331 | | - | does not reduce the maximum levy of the city, town, or county |
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332 | | - | under IC 6-1.1-18.5). |
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333 | | - | (2) For deposit in a special fund or allocation fund created under |
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334 | | - | IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and |
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335 | | - | IC 36-7-30 to provide funding for debt repayment. |
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336 | | - | SEA 418(ts) 9 |
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337 | | - | (3) To fund sewer and water projects, including storm water |
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338 | | - | management projects. |
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339 | | - | (4) For police and fire pensions. |
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340 | | - | (5) To carry out any governmental purpose for which the money |
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341 | | - | is appropriated by the fiscal body of the city, town, or county. |
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342 | | - | Money used under this subdivision does not reduce the property |
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343 | | - | tax levy of the city, town, or county for a particular year or reduce |
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344 | | - | the maximum levy of the city, town, or county under |
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345 | | - | IC 6-1.1-18.5. |
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346 | | - | (f) This subsection does not apply to an inland casino operating in |
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347 | | - | Vigo County. Before July 15 of each year, the auditor of state shall |
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348 | | - | determine the total amount of money distributed to an entity under |
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349 | | - | IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal year. If |
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350 | | - | the auditor of state determines that the total amount of money |
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351 | | - | distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the |
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352 | | - | preceding state fiscal year was less than the entity's base year revenue |
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353 | | - | (as determined under IC 4-33-12-9), the auditor of state shall make a |
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354 | | - | supplemental distribution to the entity from taxes collected under this |
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355 | | - | chapter and deposited into the state general fund. Except as provided |
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356 | | - | in subsection (h), the amount of an entity's supplemental distribution |
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357 | | - | is equal to: |
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358 | | - | (1) the entity's base year revenue (as determined under |
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359 | | - | IC 4-33-12-9); minus |
---|
360 | | - | (2) the sum of: |
---|
361 | | - | (A) the total amount of money distributed to the entity and |
---|
362 | | - | constructively received by the entity during the preceding state |
---|
363 | | - | fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus |
---|
364 | | - | (B) the amount of any admissions taxes deducted under |
---|
365 | | - | IC 6-3.1-20-7. |
---|
366 | | - | (g) This subsection applies only to a county containing a |
---|
367 | | - | consolidated city. Marion County. The county auditor shall distribute |
---|
368 | | - | the money received by the county under subsection (d) as follows: |
---|
369 | | - | (1) To each city, other than a the consolidated city, located in the |
---|
370 | | - | county according to the ratio that the city's population bears to the |
---|
371 | | - | total population of the county. |
---|
372 | | - | (2) To each town located in the county according to the ratio that |
---|
373 | | - | the town's population bears to the total population of the county. |
---|
374 | | - | (3) After the distributions required in subdivisions (1) and (2) are |
---|
375 | | - | made, the remainder shall be paid in equal amounts to the |
---|
376 | | - | consolidated city and the county. |
---|
377 | | - | (h) This subsection does not apply to an inland casino operating in |
---|
378 | | - | Vigo County. This subsection applies to a supplemental distribution |
---|
379 | | - | SEA 418(ts) 10 |
---|
380 | | - | made after June 30, 2017. The maximum amount of money that may be |
---|
381 | | - | distributed under subsection (f) in a state fiscal year is equal to the |
---|
382 | | - | following: |
---|
383 | | - | (1) Before July 1, 2021, forty-eight million dollars ($48,000,000). |
---|
384 | | - | (2) After June 30, 2021, if the total adjusted gross receipts |
---|
385 | | - | received by licensees from gambling games authorized under this |
---|
386 | | - | article during the preceding state fiscal year is equal to or greater |
---|
387 | | - | than the total adjusted gross receipts received by licensees from |
---|
388 | | - | gambling games authorized under this article during the state |
---|
389 | | - | fiscal year ending June 30, 2020, the maximum amount is |
---|
390 | | - | forty-eight million dollars ($48,000,000). |
---|
391 | | - | (3) After June 30, 2021, if the total adjusted gross receipts |
---|
392 | | - | received by licensees from gambling games authorized under this |
---|
393 | | - | article during the preceding state fiscal year is less than the total |
---|
394 | | - | adjusted gross receipts received by licensees from gambling |
---|
395 | | - | games authorized under this article during the state fiscal year |
---|
396 | | - | ending June 30, 2020, the maximum amount is equal to the result |
---|
397 | | - | of: |
---|
398 | | - | (A) forty-eight million dollars ($48,000,000); multiplied by |
---|
399 | | - | (B) the result of: |
---|
400 | | - | (i) the total adjusted gross receipts received by licensees |
---|
401 | | - | from gambling games authorized under this article during |
---|
402 | | - | the preceding state fiscal year; divided by |
---|
403 | | - | (ii) the total adjusted gross receipts received by licensees |
---|
404 | | - | from gambling games authorized under this article during |
---|
405 | | - | the state fiscal year ending June 30, 2020. |
---|
406 | | - | If the total amount determined under subsection (f) exceeds the |
---|
407 | | - | maximum amount determined under this subsection, the amount |
---|
408 | | - | distributed to an entity under subsection (f) must be reduced according |
---|
409 | | - | to the ratio that the amount distributed to the entity under IC 4-33-12-6 |
---|
410 | | - | or IC 4-33-12-8 bears to the total amount distributed under |
---|
411 | | - | IC 4-33-12-6 and IC 4-33-12-8 to all entities receiving a supplemental |
---|
412 | | - | distribution. |
---|
413 | | - | (i) This subsection applies to a supplemental distribution, if any, |
---|
414 | | - | payable to Lake County, Hammond, Gary, or East Chicago under |
---|
415 | | - | subsections (f) and (h). Beginning in July 2016, the auditor of state |
---|
416 | | - | shall, after making any deductions from the supplemental distribution |
---|
417 | | - | required by IC 6-3.1-20-7, deduct from the remainder of the |
---|
418 | | - | supplemental distribution otherwise payable to the unit under this |
---|
419 | | - | section the lesser of: |
---|
420 | | - | (1) the remaining amount of the supplemental distribution; or |
---|
421 | | - | (2) the difference, if any, between: |
---|
422 | | - | SEA 418(ts) 11 |
---|
423 | | - | (A) three million five hundred thousand dollars ($3,500,000); |
---|
424 | | - | minus |
---|
425 | | - | (B) the amount of admissions taxes constructively received by |
---|
426 | | - | the unit in the previous state fiscal year. |
---|
427 | | - | The auditor of state shall distribute the amounts deducted under this |
---|
428 | | - | subsection to the northwest Indiana redevelopment authority |
---|
429 | | - | established under IC 36-7.5-2-1 for deposit in the development |
---|
430 | | - | authority revenue fund established under IC 36-7.5-4-1. |
---|
431 | | - | (j) Money distributed to a political subdivision under subsection (b): |
---|
432 | | - | (1) must be paid to the fiscal officer of the political subdivision |
---|
433 | | - | and may be deposited in the political subdivision's general fund |
---|
434 | | - | (in the case of a school corporation, the school corporation may |
---|
435 | | - | deposit the money into either the education fund (IC 20-40-2) or |
---|
436 | | - | the operations fund (IC 20-40-18)) or riverboat fund established |
---|
437 | | - | under IC 36-1-8-9, or both; |
---|
438 | | - | (2) may not be used to reduce the maximum levy under |
---|
439 | | - | IC 6-1.1-18.5 of a county, city, or town or the maximum tax rate |
---|
440 | | - | of a school corporation, but, except as provided in subsection |
---|
441 | | - | (b)(3)(B), may be used at the discretion of the political |
---|
442 | | - | subdivision to reduce the property tax levy of the county, city, or |
---|
443 | | - | town for a particular year; |
---|
444 | | - | (3) except as provided in subsection (b)(3)(B), may be used for |
---|
445 | | - | any legal or corporate purpose of the political subdivision, |
---|
446 | | - | including the pledge of money to bonds, leases, or other |
---|
447 | | - | obligations under IC 5-1-14-4; and |
---|
448 | | - | (4) is considered miscellaneous revenue. |
---|
449 | | - | Money distributed under subsection (b)(3)(B) must be used for the |
---|
450 | | - | purposes specified in subsection (b)(3)(B). |
---|
451 | | - | (k) After June 30, 2020, the amount of wagering taxes that would |
---|
452 | | - | otherwise be distributed to South Bend under subsection (d) shall be |
---|
453 | | - | deposited as being received from all riverboats whose supplemental |
---|
454 | | - | wagering tax, as calculated under IC 4-33-12-1.5(b), is over three and |
---|
455 | | - | five-tenths percent (3.5%). The amount deposited under this |
---|
456 | | - | subsection, in each riverboat's account, is proportionate to the |
---|
457 | | - | supplemental wagering tax received from that riverboat under |
---|
458 | | - | IC 4-33-12-1.5 in the month of July. The amount deposited under this |
---|
459 | | - | subsection must be distributed in the same manner as the supplemental |
---|
460 | | - | wagering tax collected under IC 4-33-12-1.5. This subsection expires |
---|
461 | | - | June 30, 2021. |
---|
462 | | - | (l) After June 30, 2021, the amount of wagering taxes that would |
---|
463 | | - | otherwise be distributed to South Bend under subsection (d) shall be |
---|
464 | | - | withheld and deposited in the state general fund. |
---|
465 | | - | SEA 418(ts) 12 |
---|
466 | | - | SECTION 3. IC 5-2-1-9, AS AMENDED BY P.L.21-2022, |
---|
467 | | - | SECTION 4, AND AS AMENDED BY P.L.175-2022, SECTION 1, IS |
---|
468 | | - | CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
469 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The board shall adopt in |
---|
470 | | - | accordance with IC 4-22-2 all necessary rules to carry out the |
---|
471 | | - | provisions of this chapter. The rules, which shall be adopted only after |
---|
472 | | - | necessary and proper investigation and inquiry by the board, shall |
---|
473 | | - | include the establishment of the following: |
---|
474 | | - | (1) A consistent and uniform statewide deadly force policy and |
---|
475 | | - | training program, that is consistent with state and federal law. |
---|
476 | | - | Upon adoption by the law enforcement training board, the policy |
---|
477 | | - | and training program must be implemented, without modification, |
---|
478 | | - | by all Indiana law enforcement agencies, offices, or departments. |
---|
479 | | - | (2) A consistent and uniform statewide defensive tactics policy |
---|
480 | | - | and training program, that is consistent with state and federal |
---|
481 | | - | law. Upon adoption by the law enforcement training board, the |
---|
482 | | - | policy and training program must be implemented, without |
---|
483 | | - | modification, by all Indiana law enforcement agencies, offices, or |
---|
484 | | - | departments. |
---|
485 | | - | (3) A uniform statewide minimum standard for vehicle pursuits |
---|
486 | | - | consistent with state and federal law. |
---|
487 | | - | (1) (4) Minimum standards of physical, educational, mental, and |
---|
488 | | - | moral fitness which shall govern the acceptance of any person for |
---|
489 | | - | training by any law enforcement training school or academy |
---|
490 | | - | meeting or exceeding the minimum standards established |
---|
491 | | - | pursuant to this chapter. |
---|
492 | | - | (2) (5) Minimum standards for law enforcement training schools |
---|
493 | | - | administered by towns, cities, counties, law enforcement training |
---|
494 | | - | centers, agencies, or departments of the state. |
---|
495 | | - | (3) (6) Minimum standards for courses of study, attendance |
---|
496 | | - | requirements, equipment, and facilities for approved town, city, |
---|
497 | | - | county, and state law enforcement officer, police reserve officer, |
---|
498 | | - | and conservation reserve officer training schools. |
---|
499 | | - | (4) (7) Minimum standards for a course of study on cultural |
---|
500 | | - | diversity awareness, including training on the U nonimmigrant |
---|
501 | | - | visa created through the federal Victims of Trafficking and |
---|
502 | | - | Violence Protection Act of 2000 (P.L. 106-386) that must be |
---|
503 | | - | required for each person accepted for training at a law |
---|
504 | | - | enforcement training school or academy. Cultural diversity |
---|
505 | | - | awareness study must include an understanding of cultural issues |
---|
506 | | - | related to race, religion, gender, age, domestic violence, national |
---|
507 | | - | origin, and physical and mental disabilities. |
---|
508 | | - | SEA 418(ts) 13 |
---|
509 | | - | (5) (8) Minimum qualifications for instructors at approved law |
---|
510 | | - | enforcement training schools. |
---|
511 | | - | (6) (9) Minimum basic training requirements which law |
---|
512 | | - | enforcement officers appointed to probationary terms shall |
---|
513 | | - | complete before being eligible for continued or permanent |
---|
514 | | - | employment. |
---|
515 | | - | (7) (10) Minimum basic training requirements which law |
---|
516 | | - | enforcement officers appointed on other than a permanent basis |
---|
517 | | - | shall complete in order to be eligible for continued employment |
---|
518 | | - | or permanent appointment. |
---|
519 | | - | (8) (11) Minimum basic training requirements which law |
---|
520 | | - | enforcement officers appointed on a permanent basis shall |
---|
521 | | - | complete in order to be eligible for continued employment. |
---|
522 | | - | (9) (12) Minimum basic training requirements for each person |
---|
523 | | - | accepted for training at a law enforcement training school or |
---|
524 | | - | academy that include six (6) hours of training in interacting with: |
---|
525 | | - | (A) persons with autism, mental illness, addictive disorders, |
---|
526 | | - | intellectual disabilities, and developmental disabilities; |
---|
527 | | - | (B) missing endangered adults (as defined in IC 12-7-2-131.3); |
---|
528 | | - | and |
---|
529 | | - | (C) persons with Alzheimer's disease or related senile |
---|
530 | | - | dementia; |
---|
531 | | - | to be provided by persons approved by the secretary of family and |
---|
532 | | - | social services and the board. The training must include an |
---|
533 | | - | overview of the crisis intervention teams. |
---|
534 | | - | (10) (13) Minimum standards for a course of study on human and |
---|
535 | | - | sexual trafficking that must be required for each person accepted |
---|
536 | | - | for training at a law enforcement training school or academy and |
---|
537 | | - | for inservice training programs for law enforcement officers. The |
---|
538 | | - | course must cover the following topics: |
---|
539 | | - | (A) Examination of the human and sexual trafficking laws (IC |
---|
540 | | - | 35-42-3.5). |
---|
541 | | - | (B) Identification of human and sexual trafficking. |
---|
542 | | - | (C) Communicating with traumatized persons. |
---|
543 | | - | (D) Therapeutically appropriate investigative techniques. |
---|
544 | | - | (E) Collaboration with federal law enforcement officials. |
---|
545 | | - | (F) Rights of and protections afforded to victims. |
---|
546 | | - | (G) Providing documentation that satisfies the Declaration of |
---|
547 | | - | Law Enforcement Officer for Victim of Trafficking in Persons |
---|
548 | | - | (Form I-914, Supplement B) requirements established under |
---|
549 | | - | federal law. |
---|
550 | | - | (H) The availability of community resources to assist human |
---|
551 | | - | SEA 418(ts) 14 |
---|
552 | | - | and sexual trafficking victims. |
---|
553 | | - | (11) (14) Minimum standards for ongoing specialized, intensive, |
---|
554 | | - | and integrative training for persons responsible for investigating |
---|
555 | | - | sexual assault cases involving adult victims. This training must |
---|
556 | | - | include instruction on: |
---|
557 | | - | (A) the neurobiology of trauma; |
---|
558 | | - | (B) trauma informed interviewing; and |
---|
559 | | - | (C) investigative techniques. |
---|
560 | | - | (12) (15) Minimum standards for de-escalation training. |
---|
561 | | - | De-escalation training shall be taught as a part of existing |
---|
562 | | - | use-of-force training and not as a separate topic. |
---|
563 | | - | (16) Minimum standards regarding best practices for crowd |
---|
564 | | - | control, protests, and First Amendment activities. |
---|
565 | | - | All statewide policies and minimum standards shall be documented in |
---|
566 | | - | writing and published on the ILEA website. Any policy, standard, or |
---|
567 | | - | training program implemented, adopted, or promulgated by a vote of |
---|
568 | | - | the board may only subsequently be modified or rescinded by a |
---|
569 | | - | two-thirds (2/3) majority vote of the board. |
---|
570 | | - | (b) A law enforcement officer appointed after July 5, 1972, and |
---|
571 | | - | before July 1, 1993, may not enforce the laws or ordinances of the state |
---|
572 | | - | or any political subdivision unless the officer has, within one (1) year |
---|
573 | | - | from the date of appointment, successfully completed the minimum |
---|
574 | | - | basic training requirements established under this chapter by the board. |
---|
575 | | - | If a person fails to successfully complete the basic training |
---|
576 | | - | requirements within one (1) year from the date of employment, the |
---|
577 | | - | officer may not perform any of the duties of a law enforcement officer |
---|
578 | | - | involving control or direction of members of the public or exercising |
---|
579 | | - | the power of arrest until the officer has successfully completed the |
---|
580 | | - | training requirements. This subsection does not apply to any law |
---|
581 | | - | enforcement officer appointed before July 6, 1972, or after June 30, |
---|
582 | | - | 1993. |
---|
583 | | - | (c) Military leave or other authorized leave of absence from law |
---|
584 | | - | enforcement duty during the first year of employment after July 6, |
---|
585 | | - | 1972, shall toll the running of the first year, which shall be calculated |
---|
586 | | - | by the aggregate of the time before and after the leave, for the purposes |
---|
587 | | - | of this chapter. |
---|
588 | | - | (d) Except as provided in subsections (e), (m), (t), and (u), a law |
---|
589 | | - | enforcement officer appointed to a law enforcement department or |
---|
590 | | - | agency after June 30, 1993, may not: |
---|
591 | | - | (1) make an arrest; |
---|
592 | | - | (2) conduct a search or a seizure of a person or property; or |
---|
593 | | - | (3) carry a firearm; |
---|
594 | | - | SEA 418(ts) 15 |
---|
595 | | - | unless the law enforcement officer successfully completes, at a board |
---|
596 | | - | certified law enforcement academy or at a law enforcement training |
---|
597 | | - | center under section 10.5 or 15.2 of this chapter, the basic training |
---|
598 | | - | requirements established by the board under this chapter. |
---|
599 | | - | (e) This subsection does not apply to: |
---|
600 | | - | (1) a gaming agent employed as a law enforcement officer by the |
---|
601 | | - | Indiana gaming commission; or |
---|
602 | | - | (2) an: |
---|
603 | | - | (A) attorney; or |
---|
604 | | - | (B) investigator; |
---|
605 | | - | designated by the securities commissioner as a police officer of |
---|
606 | | - | the state under IC 23-19-6-1(k). |
---|
607 | | - | Before a law enforcement officer appointed after June 30, 1993, |
---|
608 | | - | completes the basic training requirements, the law enforcement officer |
---|
609 | | - | may exercise the police powers described in subsection (d) if the |
---|
610 | | - | officer successfully completes the pre-basic course established in |
---|
611 | | - | subsection (f). Successful completion of the pre-basic course authorizes |
---|
612 | | - | a law enforcement officer to exercise the police powers described in |
---|
613 | | - | subsection (d) for one (1) year after the date the law enforcement |
---|
614 | | - | officer is appointed. |
---|
615 | | - | (f) The board shall adopt rules under IC 4-22-2 to establish a |
---|
616 | | - | pre-basic course for the purpose of training: |
---|
617 | | - | (1) law enforcement officers; |
---|
618 | | - | (2) police reserve officers (as described in IC 36-8-3-20); and |
---|
619 | | - | (3) conservation reserve officers (as described in IC 14-9-8-27); |
---|
620 | | - | regarding the subjects of arrest, search and seizure, the lawful use of |
---|
621 | | - | force, de-escalation training, interacting with individuals with autism, |
---|
622 | | - | and the operation of an emergency vehicle. The pre-basic course must |
---|
623 | | - | be offered on a periodic basis throughout the year at regional sites |
---|
624 | | - | statewide. The pre-basic course must consist of at least forty (40) hours |
---|
625 | | - | of course work. The board may prepare the classroom part of the |
---|
626 | | - | pre-basic course using available technology in conjunction with live |
---|
627 | | - | instruction. The board shall provide the course material, the instructors, |
---|
628 | | - | and the facilities at the regional sites throughout the state that are used |
---|
629 | | - | for the pre-basic course. In addition, the board may certify pre-basic |
---|
630 | | - | courses that may be conducted by other public or private training |
---|
631 | | - | entities, including postsecondary educational institutions. |
---|
632 | | - | (g) Subject to subsection (h), the board shall adopt rules under |
---|
633 | | - | IC 4-22-2 to establish a mandatory inservice training program for |
---|
634 | | - | police officers and police reserve officers (as described in |
---|
635 | | - | IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has |
---|
636 | | - | satisfactorily completed basic training and has been appointed to a law |
---|
637 | | - | SEA 418(ts) 16 |
---|
638 | | - | enforcement department or agency on either a full-time or part-time |
---|
639 | | - | basis is not eligible for continued employment unless the officer |
---|
640 | | - | satisfactorily completes the mandatory inservice training requirements |
---|
641 | | - | established by rules adopted by the board. Inservice training must |
---|
642 | | - | include de-escalation training. Inservice training must also include |
---|
643 | | - | training in interacting with persons with mental illness, addictive |
---|
644 | | - | disorders, intellectual disabilities, autism, developmental disabilities, |
---|
645 | | - | and Alzheimer's disease or related senile dementia, to be provided by |
---|
646 | | - | persons approved by the secretary of family and social services and the |
---|
647 | | - | board, and training concerning human and sexual trafficking and high |
---|
648 | | - | risk missing persons (as defined in IC 5-2-17-1). The board may |
---|
649 | | - | approve courses offered by other public or private training entities, |
---|
650 | | - | including postsecondary educational institutions, as necessary in order |
---|
651 | | - | to ensure the availability of an adequate number of inservice training |
---|
652 | | - | programs. The board may waive an officer's inservice training |
---|
653 | | - | requirements if the board determines that the officer's reason for |
---|
654 | | - | lacking the required amount of inservice training hours is due to either |
---|
655 | | - | an emergency situation or the unavailability of courses. |
---|
656 | | - | (h) This subsection applies only to a mandatory inservice training |
---|
657 | | - | program under subsection (g). Notwithstanding subsection (g), the |
---|
658 | | - | board may, without adopting rules under IC 4-22-2, modify the course |
---|
659 | | - | work of a training subject matter, modify the number of hours of |
---|
660 | | - | training required within a particular subject matter, or add a new |
---|
661 | | - | subject matter, if the board satisfies the following requirements: |
---|
662 | | - | (1) The board must conduct at least two (2) public meetings on |
---|
663 | | - | the proposed modification or addition. |
---|
664 | | - | (2) After approving the modification or addition at a public |
---|
665 | | - | meeting, the board must post notice of the modification or |
---|
666 | | - | addition on the Indiana law enforcement academy's Internet web |
---|
667 | | - | site at least thirty (30) days before the modification or addition |
---|
668 | | - | takes effect. |
---|
669 | | - | If the board does not satisfy the requirements of this subsection, the |
---|
670 | | - | modification or addition is void. This subsection does not authorize the |
---|
671 | | - | board to eliminate any inservice training subject matter required under |
---|
672 | | - | subsection (g). |
---|
673 | | - | (i) The board shall also adopt rules establishing a town marshal |
---|
674 | | - | basic training program, subject to the following: |
---|
675 | | - | (1) The program must require fewer hours of instruction and class |
---|
676 | | - | attendance and fewer courses of study than are required for the |
---|
677 | | - | mandated basic training program. |
---|
678 | | - | (2) Certain parts of the course materials may be studied by a |
---|
679 | | - | candidate at the candidate's home in order to fulfill requirements |
---|
680 | | - | SEA 418(ts) 17 |
---|
681 | | - | of the program. |
---|
682 | | - | (3) Law enforcement officers successfully completing the |
---|
683 | | - | requirements of the program are eligible for appointment only in |
---|
684 | | - | towns employing the town marshal system (IC 36-5-7) and having |
---|
685 | | - | not more than one (1) marshal and two (2) deputies. |
---|
686 | | - | (4) The limitation imposed by subdivision (3) does not apply to an |
---|
687 | | - | officer who has successfully completed the mandated basic |
---|
688 | | - | training program. |
---|
689 | | - | (5) The time limitations imposed by subsections (b) and (c) for |
---|
690 | | - | completing the training are also applicable to the town marshal |
---|
691 | | - | basic training program. |
---|
692 | | - | (6) The program must require training in interacting with |
---|
693 | | - | individuals with autism. |
---|
694 | | - | (j) The board shall adopt rules under IC 4-22-2 to establish an |
---|
695 | | - | executive training program. The executive training program must |
---|
696 | | - | include training in the following areas: |
---|
697 | | - | (1) Liability. |
---|
698 | | - | (2) Media relations. |
---|
699 | | - | (3) Accounting and administration. |
---|
700 | | - | (4) Discipline. |
---|
701 | | - | (5) Department policy making. |
---|
702 | | - | (6) Lawful use of force and de-escalation training. |
---|
703 | | - | (7) Department programs. |
---|
704 | | - | (8) Emergency vehicle operation. |
---|
705 | | - | (9) Cultural diversity. |
---|
706 | | - | (k) A police chief shall apply for admission to the executive training |
---|
707 | | - | program within two (2) months of the date the police chief initially |
---|
708 | | - | takes office. A police chief must successfully complete the executive |
---|
709 | | - | training program within six (6) months of the date the police chief |
---|
710 | | - | initially takes office. However, if space in the executive training |
---|
711 | | - | program is not available at a time that will allow completion of the |
---|
712 | | - | executive training program within six (6) months of the date the police |
---|
713 | | - | chief initially takes office, the police chief must successfully complete |
---|
714 | | - | the next available executive training program that is offered after the |
---|
715 | | - | police chief initially takes office. |
---|
716 | | - | (l) A police chief who fails to comply with subsection (k) may not |
---|
717 | | - | continue to serve as the police chief until completion of the executive |
---|
718 | | - | training program. For the purposes of this subsection and subsection |
---|
719 | | - | (k), "police chief" refers to: |
---|
720 | | - | (1) the police chief of any city; |
---|
721 | | - | (2) the police chief of any town having a metropolitan police |
---|
722 | | - | department; and |
---|
723 | | - | SEA 418(ts) 18 |
---|
724 | | - | (3) the chief of a consolidated law enforcement department |
---|
725 | | - | established under IC 36-3-1-5.1. |
---|
726 | | - | A town marshal is not considered to be a police chief for these |
---|
727 | | - | purposes, but a town marshal may enroll in the executive training |
---|
728 | | - | program. |
---|
729 | | - | (m) A fire investigator in the department of homeland security |
---|
730 | | - | appointed after December 31, 1993, is required to comply with the |
---|
731 | | - | basic training standards established under this chapter. |
---|
732 | | - | (n) The board shall adopt rules under IC 4-22-2 to establish a |
---|
733 | | - | program to certify handgun safety courses, including courses offered |
---|
734 | | - | in the private sector, that meet standards approved by the board for |
---|
735 | | - | training probation officers in handgun safety as required by |
---|
736 | | - | IC 11-13-1-3.5(3). IC 11-13-1-3.5(2). |
---|
737 | | - | (o) The board shall adopt rules under IC 4-22-2 to establish a |
---|
738 | | - | refresher course for an officer who: |
---|
739 | | - | (1) is hired by an Indiana law enforcement department or agency |
---|
740 | | - | as a law enforcement officer; |
---|
741 | | - | (2) has not been employed as a law enforcement officer for: |
---|
742 | | - | (A) at least two (2) years; and |
---|
743 | | - | (B) less than six (6) years before the officer is hired under |
---|
744 | | - | subdivision (1); and |
---|
745 | | - | (3) completed at any time a basic training course certified or |
---|
746 | | - | recognized by the board before the officer is hired under |
---|
747 | | - | subdivision (1). |
---|
748 | | - | (p) An officer to whom subsection (o) applies must successfully |
---|
749 | | - | complete the refresher course described in subsection (o) not later than |
---|
750 | | - | six (6) months after the officer's date of hire, or the officer loses the |
---|
751 | | - | officer's powers of: |
---|
752 | | - | (1) arrest; |
---|
753 | | - | (2) search; and |
---|
754 | | - | (3) seizure. |
---|
755 | | - | (q) The board shall adopt rules under IC 4-22-2 to establish a |
---|
756 | | - | refresher course for an officer who: |
---|
757 | | - | (1) is appointed by an Indiana law enforcement department or |
---|
758 | | - | agency as a reserve police officer; and |
---|
759 | | - | (2) has not worked as a reserve police officer for at least two (2) |
---|
760 | | - | years after: |
---|
761 | | - | (A) completing the pre-basic course; or |
---|
762 | | - | (B) leaving the individual's last appointment as a reserve |
---|
763 | | - | police officer. |
---|
764 | | - | An officer to whom this subsection applies must successfully complete |
---|
765 | | - | the refresher course established by the board in order to work as a |
---|
766 | | - | SEA 418(ts) 19 |
---|
767 | | - | reserve police officer. |
---|
768 | | - | (r) This subsection applies to an individual who, at the time the |
---|
769 | | - | individual completes a board certified or recognized basic training |
---|
770 | | - | course, has not been appointed as a law enforcement officer by an |
---|
771 | | - | Indiana law enforcement department or agency. If the individual is not |
---|
772 | | - | employed as a law enforcement officer for at least two (2) years after |
---|
773 | | - | completing the basic training course, the individual must successfully |
---|
774 | | - | retake and complete the basic training course as set forth in subsection |
---|
775 | | - | (d). |
---|
776 | | - | (s) The board shall adopt rules under IC 4-22-2 to establish a |
---|
777 | | - | refresher course for an individual who: |
---|
778 | | - | (1) is appointed as a board certified instructor of law enforcement |
---|
779 | | - | training; and |
---|
780 | | - | (2) has not provided law enforcement training instruction for |
---|
781 | | - | more than one (1) year after the date the individual's instructor |
---|
782 | | - | certification expired. |
---|
783 | | - | An individual to whom this subsection applies must successfully |
---|
784 | | - | complete the refresher course established by the board in order to |
---|
785 | | - | renew the individual's instructor certification. |
---|
786 | | - | (t) This subsection applies only to a gaming agent employed as a |
---|
787 | | - | law enforcement officer by the Indiana gaming commission. A gaming |
---|
788 | | - | agent appointed after June 30, 2005, may exercise the police powers |
---|
789 | | - | described in subsection (d) if: |
---|
790 | | - | (1) the agent successfully completes the pre-basic course |
---|
791 | | - | established in subsection (f); and |
---|
792 | | - | (2) the agent successfully completes any other training courses |
---|
793 | | - | established by the Indiana gaming commission in conjunction |
---|
794 | | - | with the board. |
---|
795 | | - | (u) This subsection applies only to a securities enforcement officer |
---|
796 | | - | designated as a law enforcement officer by the securities |
---|
797 | | - | commissioner. A securities enforcement officer may exercise the police |
---|
798 | | - | powers described in subsection (d) if: |
---|
799 | | - | (1) the securities enforcement officer successfully completes the |
---|
800 | | - | pre-basic course established in subsection (f); and |
---|
801 | | - | (2) the securities enforcement officer successfully completes any |
---|
802 | | - | other training courses established by the securities commissioner |
---|
803 | | - | in conjunction with the board. |
---|
804 | | - | (v) As used in this section, "upper level policymaking position" |
---|
805 | | - | refers to the following: |
---|
806 | | - | (1) If the authorized size of the department or town marshal |
---|
807 | | - | system is not more than ten (10) members, the term refers to the |
---|
808 | | - | position held by the police chief or town marshal. |
---|
809 | | - | SEA 418(ts) 20 |
---|
810 | | - | (2) If the authorized size of the department or town marshal |
---|
811 | | - | system is more than ten (10) members but less than fifty-one (51) |
---|
812 | | - | members, the term refers to: |
---|
813 | | - | (A) the position held by the police chief or town marshal; and |
---|
814 | | - | (B) each position held by the members of the police |
---|
815 | | - | department or town marshal system in the next rank and pay |
---|
816 | | - | grade immediately below the police chief or town marshal. |
---|
817 | | - | (3) If the authorized size of the department or town marshal |
---|
818 | | - | system is more than fifty (50) members, the term refers to: |
---|
819 | | - | (A) the position held by the police chief or town marshal; and |
---|
820 | | - | (B) each position held by the members of the police |
---|
821 | | - | department or town marshal system in the next two (2) ranks |
---|
822 | | - | and pay grades immediately below the police chief or town |
---|
823 | | - | marshal. |
---|
824 | | - | (w) This subsection applies only to a correctional police officer |
---|
825 | | - | employed by the department of correction. A correctional police officer |
---|
826 | | - | may exercise the police powers described in subsection (d) if: |
---|
827 | | - | (1) the officer successfully completes the pre-basic course |
---|
828 | | - | described in subsection (f); and |
---|
829 | | - | (2) the officer successfully completes any other training courses |
---|
830 | | - | established by the department of correction in conjunction with |
---|
831 | | - | the board. |
---|
832 | | - | (x) This subsection applies only to the sexual assault training |
---|
833 | | - | described in subsection (a)(11). (a)(14). The board shall: |
---|
834 | | - | (1) consult with experts on the neurobiology of trauma, trauma |
---|
835 | | - | informed interviewing, and investigative techniques in developing |
---|
836 | | - | the sexual assault training; and |
---|
837 | | - | (2) develop the sexual assault training and begin offering the |
---|
838 | | - | training not later than July 1, 2022. |
---|
839 | | - | (y) After July 1, 2023, a law enforcement officer who regularly |
---|
840 | | - | investigates sexual assaults involving adult victims must complete the |
---|
841 | | - | training requirements described in subsection (a)(11) (a)(14) within |
---|
842 | | - | one (1) year of being assigned to regularly investigate sexual assaults |
---|
843 | | - | involving adult victims. |
---|
844 | | - | (z) A law enforcement officer who regularly investigates sexual |
---|
845 | | - | assaults involving adult victims may complete the training |
---|
846 | | - | requirements described in subsection (a)(11) (a)(14) by attending a: |
---|
847 | | - | (1) statewide or national training; or |
---|
848 | | - | (2) department hosted local training. |
---|
849 | | - | (aa) Notwithstanding any other provisions of this section, the board |
---|
850 | | - | is authorized to establish certain required standards of training and |
---|
851 | | - | procedure. |
---|
852 | | - | SEA 418(ts) 21 |
---|
853 | | - | SECTION 4. IC 5-10-13-2, AS AMENDED BY P.L.170-2022, |
---|
854 | | - | SECTION 1, AND AS AMENDED BY P.L.119-2022, SECTION 5, IS |
---|
855 | | - | CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
856 | | - | [EFFECTIVE JULY 1, 2023]: Sec. 2. As used in this chapter, |
---|
857 | | - | "employee" means an individual who: |
---|
858 | | - | (1) is employed full time by the state or a political subdivision of |
---|
859 | | - | the state as: |
---|
860 | | - | (A) a member of a fire department (as defined in IC 36-8-1-8); |
---|
861 | | - | (B) an emergency medical services provider (as defined in |
---|
862 | | - | IC 16-41-10-1); |
---|
863 | | - | (C) a member of a police department (as defined in |
---|
864 | | - | IC 36-8-1-9); |
---|
865 | | - | (D) a correctional officer (as defined in IC 5-10-10-1.5); |
---|
866 | | - | (E) a state police officer; |
---|
867 | | - | (F) a county police officer; |
---|
868 | | - | (G) a county sheriff; |
---|
869 | | - | (H) an excise police officer; |
---|
870 | | - | (I) a conservation enforcement officer; |
---|
871 | | - | (J) a town marshal; |
---|
872 | | - | (K) a deputy town marshal; |
---|
873 | | - | (L) a department of homeland security fire investigator; or |
---|
874 | | - | (L) (M) a member of a consolidated law enforcement |
---|
875 | | - | department established under IC 36-3-1-5.1; |
---|
876 | | - | (M) (N) a county coroner; or |
---|
877 | | - | (N) (O) a deputy county coroner; |
---|
878 | | - | (2) in the course of the individual's employment is at high risk for |
---|
879 | | - | occupational exposure to an exposure risk disease; and |
---|
880 | | - | (3) is not employed elsewhere in a similar capacity. |
---|
881 | | - | SECTION 5. IC 6-1.1-12.1-1, AS AMENDED BY P.L.8-2022, |
---|
882 | | - | SECTION 2, AND AS AMENDED BY P.L.174-2022, SECTION 26, |
---|
883 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
884 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 1. For purposes of this chapter: |
---|
885 | | - | (1) "Economic revitalization area" means an area which is within |
---|
886 | | - | the corporate limits of a city, town, or county which has become |
---|
887 | | - | undesirable for, or impossible of, normal development and |
---|
888 | | - | occupancy because of a lack of development, cessation of growth, |
---|
889 | | - | deterioration of improvements or character of occupancy, age, |
---|
890 | | - | obsolescence, substandard buildings, or other factors which have |
---|
891 | | - | impaired values or prevent a normal development of property or |
---|
892 | | - | use of property. The term "economic revitalization area" also |
---|
893 | | - | includes: |
---|
894 | | - | (A) any area where a facility or a group of facilities that are |
---|
895 | | - | SEA 418(ts) 22 |
---|
896 | | - | technologically, economically, or energy obsolete are located |
---|
897 | | - | and where the obsolescence may lead to a decline in |
---|
898 | | - | employment and tax revenues; and |
---|
899 | | - | (B) a residentially distressed area, except as otherwise |
---|
900 | | - | provided in this chapter; and |
---|
901 | | - | (C) an area of land classified as agricultural land for property |
---|
902 | | - | tax purposes that, as a condition of being designated an |
---|
903 | | - | economic revitalization area, will be predominately used for |
---|
904 | | - | agricultural purposes for a period specified by the designating |
---|
905 | | - | body. |
---|
906 | | - | (2) "City" means any city in this state, and "town" means any town |
---|
907 | | - | incorporated under IC 36-5-1. |
---|
908 | | - | (3) "New manufacturing equipment" means tangible personal |
---|
909 | | - | property that a deduction applicant: |
---|
910 | | - | (A) installs on or before the approval deadline determined |
---|
911 | | - | under section 9 of this chapter, in an area that is declared an |
---|
912 | | - | economic revitalization area in which a deduction for tangible |
---|
913 | | - | personal property is allowed; |
---|
914 | | - | (B) uses in the direct production, manufacture, fabrication, |
---|
915 | | - | assembly, extraction, mining, processing, refining, or finishing |
---|
916 | | - | of other tangible personal property, including but not limited |
---|
917 | | - | to use to dispose of solid waste or hazardous waste by |
---|
918 | | - | converting the solid waste or hazardous waste into energy or |
---|
919 | | - | other useful products; |
---|
920 | | - | (C) acquires for use as described in clause (B): |
---|
921 | | - | (i) in an arms length transaction from an entity that is not an |
---|
922 | | - | affiliate of the deduction applicant, if the tangible personal |
---|
923 | | - | property has been previously used in Indiana before the |
---|
924 | | - | installation described in clause (A); or |
---|
925 | | - | (ii) in any manner, if the tangible personal property has |
---|
926 | | - | never been previously used in Indiana before the installation |
---|
927 | | - | described in clause (A); and |
---|
928 | | - | (D) has never used for any purpose in Indiana before the |
---|
929 | | - | installation described in clause (A). |
---|
930 | | - | (4) "Property" means a building or structure, but does not include |
---|
931 | | - | land. |
---|
932 | | - | (5) "Redevelopment" means the construction of new structures, |
---|
933 | | - | in economic revitalization areas, either: |
---|
934 | | - | (A) on unimproved real estate; or |
---|
935 | | - | (B) on real estate upon which a prior existing structure is |
---|
936 | | - | demolished to allow for a new construction. |
---|
937 | | - | (6) "Rehabilitation" means the remodeling, repair, or betterment |
---|
938 | | - | SEA 418(ts) 23 |
---|
939 | | - | of property in any manner or any enlargement or extension of |
---|
940 | | - | property. |
---|
941 | | - | (7) "Designating body" means the following: |
---|
942 | | - | (A) For a county that does not contain a consolidated city, the |
---|
943 | | - | fiscal body of the county, city, or town. |
---|
944 | | - | (B) For a county containing a consolidated city, the |
---|
945 | | - | metropolitan development commission. The jurisdiction of the |
---|
946 | | - | designating body includes a rehabilitation or redevelopment |
---|
947 | | - | project under this chapter that falls within the boundaries of |
---|
948 | | - | an excluded city, as defined in IC 36-3-1-7. |
---|
949 | | - | (8) "Deduction application" means: |
---|
950 | | - | (A) the application filed in accordance with section 5 of this |
---|
951 | | - | chapter by a property owner who desires to obtain the |
---|
952 | | - | deduction provided by section 3 of this chapter; |
---|
953 | | - | (B) the application filed in accordance with section 5.4 of this |
---|
954 | | - | chapter by a person who desires to obtain the deduction |
---|
955 | | - | provided by section 4.5 of this chapter; or |
---|
956 | | - | (C) the application filed in accordance with section 5.3 of this |
---|
957 | | - | chapter by a property owner that desires to obtain the |
---|
958 | | - | deduction provided by section 4.8 of this chapter. |
---|
959 | | - | (9) "Designation application" means an application that is filed |
---|
960 | | - | with a designating body to assist that body in making a |
---|
961 | | - | determination about whether a particular area should be |
---|
962 | | - | designated as an economic revitalization area. |
---|
963 | | - | (10) "Hazardous waste" has the meaning set forth in |
---|
964 | | - | IC 13-11-2-99(a). The term includes waste determined to be a |
---|
965 | | - | hazardous waste under IC 13-22-2-3(b). |
---|
966 | | - | (11) "Solid waste" has the meaning set forth in IC 13-11-2-205(a). |
---|
967 | | - | However, the term does not include dead animals or any animal |
---|
968 | | - | solid or semisolid wastes. |
---|
969 | | - | (12) "New research and development equipment" means tangible |
---|
970 | | - | personal property that: |
---|
971 | | - | (A) a deduction applicant installs on or before the approval |
---|
972 | | - | deadline determined under section 9 of this chapter, in an |
---|
973 | | - | economic revitalization area in which a deduction for tangible |
---|
974 | | - | personal property is allowed; |
---|
975 | | - | (B) consists of: |
---|
976 | | - | (i) laboratory equipment; |
---|
977 | | - | (ii) research and development equipment; |
---|
978 | | - | (iii) computers and computer software; |
---|
979 | | - | (iv) telecommunications equipment; or |
---|
980 | | - | (v) testing equipment; |
---|
981 | | - | SEA 418(ts) 24 |
---|
982 | | - | (C) the deduction applicant uses in research and development |
---|
983 | | - | activities devoted directly and exclusively to experimental or |
---|
984 | | - | laboratory research and development for new products, new |
---|
985 | | - | uses of existing products, or improving or testing existing |
---|
986 | | - | products; |
---|
987 | | - | (D) the deduction applicant acquires for purposes described in |
---|
988 | | - | this subdivision: |
---|
989 | | - | (i) in an arms length transaction from an entity that is not an |
---|
990 | | - | affiliate of the deduction applicant, if the tangible personal |
---|
991 | | - | property has been previously used in Indiana before the |
---|
992 | | - | installation described in clause (A); or |
---|
993 | | - | (ii) in any manner, if the tangible personal property has |
---|
994 | | - | never been previously used in Indiana before the installation |
---|
995 | | - | described in clause (A); and |
---|
996 | | - | (E) the deduction applicant has never used for any purpose in |
---|
997 | | - | Indiana before the installation described in clause (A). |
---|
998 | | - | The term does not include equipment installed in facilities used |
---|
999 | | - | for or in connection with efficiency surveys, management studies, |
---|
1000 | | - | consumer surveys, economic surveys, advertising or promotion, |
---|
1001 | | - | or research in connection with literacy, history, or similar |
---|
1002 | | - | projects. |
---|
1003 | | - | (13) "New logistical distribution equipment" means tangible |
---|
1004 | | - | personal property that: |
---|
1005 | | - | (A) a deduction applicant installs on or before the approval |
---|
1006 | | - | deadline determined under section 9 of this chapter, in an |
---|
1007 | | - | economic revitalization area in which a deduction for tangible |
---|
1008 | | - | personal property is allowed; |
---|
1009 | | - | (B) consists of: |
---|
1010 | | - | (i) racking equipment; |
---|
1011 | | - | (ii) scanning or coding equipment; |
---|
1012 | | - | (iii) separators; |
---|
1013 | | - | (iv) conveyors; |
---|
1014 | | - | (v) fork lifts or lifting equipment (including "walk |
---|
1015 | | - | behinds"); |
---|
1016 | | - | (vi) transitional moving equipment; |
---|
1017 | | - | (vii) packaging equipment; |
---|
1018 | | - | (viii) sorting and picking equipment; or |
---|
1019 | | - | (ix) software for technology used in logistical distribution; |
---|
1020 | | - | (C) the deduction applicant acquires for the storage or |
---|
1021 | | - | distribution of goods, services, or information: |
---|
1022 | | - | (i) in an arms length transaction from an entity that is not an |
---|
1023 | | - | affiliate of the deduction applicant, if the tangible personal |
---|
1024 | | - | SEA 418(ts) 25 |
---|
1025 | | - | property has been previously used in Indiana before the |
---|
1026 | | - | installation described in clause (A); and |
---|
1027 | | - | (ii) in any manner, if the tangible personal property has |
---|
1028 | | - | never been previously used in Indiana before the installation |
---|
1029 | | - | described in clause (A); and |
---|
1030 | | - | (D) the deduction applicant has never used for any purpose in |
---|
1031 | | - | Indiana before the installation described in clause (A). |
---|
1032 | | - | (14) "New farm equipment" means tangible personal property |
---|
1033 | | - | that: |
---|
1034 | | - | (A) a deduction applicant installs after June 30, 2022, and on |
---|
1035 | | - | or before the approval deadline determined under section 9 of |
---|
1036 | | - | this chapter, in an area that will be predominately used for |
---|
1037 | | - | agricultural purposes for a period specified by the designating |
---|
1038 | | - | body as a condition of being declared an economic |
---|
1039 | | - | revitalization area; |
---|
1040 | | - | (B) is used in the direct production, extraction, harvesting, or |
---|
1041 | | - | processing of agricultural commodities for sale on land |
---|
1042 | | - | classified as agricultural land for property tax purposes; |
---|
1043 | | - | (C) was acquired for use as described in clause (B) in an arms |
---|
1044 | | - | length transaction from an entity that is not an affiliate of the |
---|
1045 | | - | deduction applicant; and |
---|
1046 | | - | (D) the deduction applicant never used for any purpose in |
---|
1047 | | - | Indiana before the installation described in clause (A). |
---|
1048 | | - | (15) "New agricultural improvement" means any improvement |
---|
1049 | | - | made to land classified as agricultural land for tax purposes that |
---|
1050 | | - | is placed in service after December 31, 2022, and that will be |
---|
1051 | | - | predominately used for agricultural purposes for a period |
---|
1052 | | - | specified by the designating body as a condition of being |
---|
1053 | | - | declared an economic revitalization area. The term includes a |
---|
1054 | | - | barn, grain bin, or silo. |
---|
1055 | | - | (14) (16) "New information technology equipment" means |
---|
1056 | | - | tangible personal property that: |
---|
1057 | | - | (A) a deduction applicant installs on or before the approval |
---|
1058 | | - | deadline determined under section 9 of this chapter, in an |
---|
1059 | | - | economic revitalization area in which a deduction for tangible |
---|
1060 | | - | personal property is allowed; |
---|
1061 | | - | (B) consists of equipment, including software, used in the |
---|
1062 | | - | fields of: |
---|
1063 | | - | (i) information processing; |
---|
1064 | | - | (ii) office automation; |
---|
1065 | | - | (iii) telecommunication facilities and networks; |
---|
1066 | | - | (iv) informatics; |
---|
1067 | | - | SEA 418(ts) 26 |
---|
1068 | | - | (v) network administration; |
---|
1069 | | - | (vi) software development; and |
---|
1070 | | - | (vii) fiber optics; |
---|
1071 | | - | (C) the deduction applicant acquires in an arms length |
---|
1072 | | - | transaction from an entity that is not an affiliate of the |
---|
1073 | | - | deduction applicant; and |
---|
1074 | | - | (D) the deduction applicant never used for any purpose in |
---|
1075 | | - | Indiana before the installation described in clause (A). |
---|
1076 | | - | (15) (17) "Deduction applicant" means an owner of tangible |
---|
1077 | | - | personal property who makes a deduction application. |
---|
1078 | | - | (16) (18) "Affiliate" means an entity that effectively controls or is |
---|
1079 | | - | controlled by a deduction applicant or is associated with a |
---|
1080 | | - | deduction applicant under common ownership or control, whether |
---|
1081 | | - | by shareholdings or other means. |
---|
1082 | | - | (17) (19) "Eligible vacant building" means a building that: |
---|
1083 | | - | (A) is zoned for commercial or industrial purposes; and |
---|
1084 | | - | (B) is unoccupied for at least one (1) year before the owner of |
---|
1085 | | - | the building or a tenant of the owner occupies the building, as |
---|
1086 | | - | evidenced by a valid certificate of occupancy, paid utility |
---|
1087 | | - | receipts, executed lease agreements, or any other evidence of |
---|
1088 | | - | occupation that the department of local government finance |
---|
1089 | | - | requires. |
---|
1090 | | - | SECTION 6. IC 6-3-1-3.5, AS AMENDED BY P.L.137-2022, |
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1091 | | - | SECTION 33, AND AS AMENDED BY P.L.168-2022, SECTION 1, |
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1092 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
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1093 | | - | [EFFECTIVE MARCH 18, 2022 (RETROACTIVE)]: Sec. 3.5. When |
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1094 | | - | used in this article, the term "adjusted gross income" shall mean the |
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1095 | | - | following: |
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1096 | | - | (a) In the case of all individuals, "adjusted gross income" (as |
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1097 | | - | defined in Section 62 of the Internal Revenue Code), modified as |
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1098 | | - | follows: |
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1099 | | - | (1) Subtract income that is exempt from taxation under this article |
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1100 | | - | by the Constitution and statutes of the United States. |
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1101 | | - | (2) Except as provided in subsection (c), add an amount equal to |
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1102 | | - | any deduction or deductions allowed or allowable pursuant to |
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1103 | | - | Section 62 of the Internal Revenue Code for taxes based on or |
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1104 | | - | measured by income and levied at the state level by any state of |
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1105 | | - | the United States. |
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1106 | | - | (3) Subtract one thousand dollars ($1,000), or in the case of a |
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1107 | | - | joint return filed by a husband and wife, subtract for each spouse |
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1108 | | - | one thousand dollars ($1,000). |
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1109 | | - | (4) Subtract one thousand dollars ($1,000) for: |
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1110 | | - | SEA 418(ts) 27 |
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1111 | | - | (A) each of the exemptions provided by Section 151(c) of the |
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1112 | | - | Internal Revenue Code (as effective January 1, 2017); |
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1113 | | - | (B) each additional amount allowable under Section 63(f) of |
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1114 | | - | the Internal Revenue Code; and |
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1115 | | - | (C) the spouse of the taxpayer if a separate return is made by |
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1116 | | - | the taxpayer and if the spouse, for the calendar year in which |
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1117 | | - | the taxable year of the taxpayer begins, has no gross income |
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1118 | | - | and is not the dependent of another taxpayer. |
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1119 | | - | (5) Subtract: |
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1120 | | - | (A) one thousand five hundred dollars ($1,500) for each of the |
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1121 | | - | exemptions allowed under Section 151(c)(1)(B) of the Internal |
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1122 | | - | Revenue Code (as effective January 1, 2004); |
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1123 | | - | (B) one thousand five hundred dollars ($1,500) for each |
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1124 | | - | exemption allowed under Section 151(c) of the Internal |
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1125 | | - | Revenue Code (as effective January 1, 2017) for an individual: |
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1126 | | - | (i) who is less than nineteen (19) years of age or is a |
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1127 | | - | full-time student who is less than twenty-four (24) years of |
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1128 | | - | age; |
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1129 | | - | (ii) for whom the taxpayer is the legal guardian; and |
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1130 | | - | (iii) for whom the taxpayer does not claim an exemption |
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1131 | | - | under clause (A); and |
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1132 | | - | (C) five hundred dollars ($500) for each additional amount |
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1133 | | - | allowable under Section 63(f)(1) of the Internal Revenue Code |
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1134 | | - | if the federal adjusted gross income of the taxpayer, or the |
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1135 | | - | taxpayer and the taxpayer's spouse in the case of a joint return, |
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1136 | | - | is less than forty thousand dollars ($40,000). In the case of a |
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1137 | | - | married individual filing a separate return, the qualifying |
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1138 | | - | income amount in this clause is equal to twenty thousand |
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1139 | | - | dollars ($20,000). |
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1140 | | - | This amount is in addition to the amount subtracted under |
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1141 | | - | subdivision (4). |
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1142 | | - | (6) Subtract any amounts included in federal adjusted gross |
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1143 | | - | income under Section 111 of the Internal Revenue Code as a |
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1144 | | - | recovery of items previously deducted as an itemized deduction |
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1145 | | - | from adjusted gross income. |
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1146 | | - | (7) Subtract any amounts included in federal adjusted gross |
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1147 | | - | income under the Internal Revenue Code which amounts were |
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1148 | | - | received by the individual as supplemental railroad retirement |
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1149 | | - | annuities under 45 U.S.C. 231 and which are not deductible under |
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1150 | | - | subdivision (1). |
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1151 | | - | (8) Subtract an amount equal to the amount of federal Social |
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1152 | | - | Security and Railroad Retirement benefits included in a taxpayer's |
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1153 | | - | SEA 418(ts) 28 |
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1154 | | - | federal gross income by Section 86 of the Internal Revenue Code. |
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1155 | | - | (9) In the case of a nonresident taxpayer or a resident taxpayer |
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1156 | | - | residing in Indiana for a period of less than the taxpayer's entire |
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1157 | | - | taxable year, the total amount of the deductions allowed pursuant |
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1158 | | - | to subdivisions (3), (4), and (5) shall be reduced to an amount |
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1159 | | - | which bears the same ratio to the total as the taxpayer's income |
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1160 | | - | taxable in Indiana bears to the taxpayer's total income. |
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1161 | | - | (10) In the case of an individual who is a recipient of assistance |
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1162 | | - | under IC 12-10-6-1, IC 12-10-6-2.1, IC 12-15-2-2, or IC 12-15-7, |
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1163 | | - | subtract an amount equal to that portion of the individual's |
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1164 | | - | adjusted gross income with respect to which the individual is not |
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1165 | | - | allowed under federal law to retain an amount to pay state and |
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1166 | | - | local income taxes. |
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1167 | | - | (11) In the case of an eligible individual, subtract the amount of |
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1168 | | - | a Holocaust victim's settlement payment included in the |
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1169 | | - | individual's federal adjusted gross income. |
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1170 | | - | (12) Subtract an amount equal to the portion of any premiums |
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1171 | | - | paid during the taxable year by the taxpayer for a qualified long |
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1172 | | - | term care policy (as defined in IC 12-15-39.6-5) for the taxpayer |
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1173 | | - | or the taxpayer's spouse if the taxpayer and the taxpayer's spouse |
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1174 | | - | file a joint income tax return or the taxpayer is otherwise entitled |
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1175 | | - | to a deduction under this subdivision for the taxpayer's spouse, or |
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1176 | | - | both. |
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1177 | | - | (13) Subtract an amount equal to the lesser of: |
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1178 | | - | (A) two thousand five hundred dollars ($2,500), or one |
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1179 | | - | thousand two hundred fifty dollars ($1,250) in the case of a |
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1180 | | - | married individual filing a separate return; or |
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1181 | | - | (B) the amount of property taxes that are paid during the |
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1182 | | - | taxable year in Indiana by the individual on the individual's |
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1183 | | - | principal place of residence. |
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1184 | | - | (14) Subtract an amount equal to the amount of a September 11 |
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1185 | | - | terrorist attack settlement payment included in the individual's |
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1186 | | - | federal adjusted gross income. |
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1187 | | - | (15) Add or subtract the amount necessary to make the adjusted |
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1188 | | - | gross income of any taxpayer that owns property for which bonus |
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1189 | | - | depreciation was allowed in the current taxable year or in an |
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1190 | | - | earlier taxable year equal to the amount of adjusted gross income |
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1191 | | - | that would have been computed had an election not been made |
---|
1192 | | - | under Section 168(k) of the Internal Revenue Code to apply bonus |
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1193 | | - | depreciation to the property in the year that it was placed in |
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1194 | | - | service. |
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1195 | | - | (16) Add an amount equal to any deduction allowed under |
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1196 | | - | SEA 418(ts) 29 |
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1197 | | - | Section 172 of the Internal Revenue Code (concerning net |
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1198 | | - | operating losses). |
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1199 | | - | (17) Add or subtract the amount necessary to make the adjusted |
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1200 | | - | gross income of any taxpayer that placed Section 179 property (as |
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1201 | | - | defined in Section 179 of the Internal Revenue Code) in service |
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1202 | | - | in the current taxable year or in an earlier taxable year equal to |
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1203 | | - | the amount of adjusted gross income that would have been |
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1204 | | - | computed had an election for federal income tax purposes not |
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1205 | | - | been made for the year in which the property was placed in |
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1206 | | - | service to take deductions under Section 179 of the Internal |
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1207 | | - | Revenue Code in a total amount exceeding the sum of: |
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1208 | | - | (A) twenty-five thousand dollars ($25,000) to the extent |
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1209 | | - | deductions under Section 179 of the Internal Revenue Code |
---|
1210 | | - | were not elected as provided in clause (B); and |
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1211 | | - | (B) for taxable years beginning after December 31, 2017, the |
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1212 | | - | deductions elected under Section 179 of the Internal Revenue |
---|
1213 | | - | Code on property acquired in an exchange if: |
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1214 | | - | (i) the exchange would have been eligible for |
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1215 | | - | nonrecognition of gain or loss under Section 1031 of the |
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1216 | | - | Internal Revenue Code in effect on January 1, 2017; |
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1217 | | - | (ii) the exchange is not eligible for nonrecognition of gain or |
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1218 | | - | loss under Section 1031 of the Internal Revenue Code; and |
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1219 | | - | (iii) the taxpayer made an election to take deductions under |
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1220 | | - | Section 179 of the Internal Revenue Code with regard to the |
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1221 | | - | acquired property in the year that the property was placed |
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1222 | | - | into service. |
---|
1223 | | - | The amount of deductions allowable for an item of property |
---|
1224 | | - | under this clause may not exceed the amount of adjusted gross |
---|
1225 | | - | income realized on the property that would have been deferred |
---|
1226 | | - | under the Internal Revenue Code in effect on January 1, 2017. |
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1227 | | - | (18) Subtract an amount equal to the amount of the taxpayer's |
---|
1228 | | - | qualified military income that was not excluded from the |
---|
1229 | | - | taxpayer's gross income for federal income tax purposes under |
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1230 | | - | Section 112 of the Internal Revenue Code. |
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1231 | | - | (19) Subtract income that is: |
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1232 | | - | (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
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1233 | | - | derived from patents); and |
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1234 | | - | (B) included in the individual's federal adjusted gross income |
---|
1235 | | - | under the Internal Revenue Code. |
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1236 | | - | (20) Add an amount equal to any income not included in gross |
---|
1237 | | - | income as a result of the deferral of income arising from business |
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1238 | | - | indebtedness discharged in connection with the reacquisition after |
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1239 | | - | SEA 418(ts) 30 |
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1240 | | - | December 31, 2008, and before January 1, 2011, of an applicable |
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1241 | | - | debt instrument, as provided in Section 108(i) of the Internal |
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1242 | | - | Revenue Code. Subtract the amount necessary from the adjusted |
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1243 | | - | gross income of any taxpayer that added an amount to adjusted |
---|
1244 | | - | gross income in a previous year to offset the amount included in |
---|
1245 | | - | federal gross income as a result of the deferral of income arising |
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1246 | | - | from business indebtedness discharged in connection with the |
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1247 | | - | reacquisition after December 31, 2008, and before January 1, |
---|
1248 | | - | 2011, of an applicable debt instrument, as provided in Section |
---|
1249 | | - | 108(i) of the Internal Revenue Code. |
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1250 | | - | (21) Add the amount excluded from federal gross income under |
---|
1251 | | - | Section 103 of the Internal Revenue Code for interest received on |
---|
1252 | | - | an obligation of a state other than Indiana, or a political |
---|
1253 | | - | subdivision of such a state, that is acquired by the taxpayer after |
---|
1254 | | - | December 31, 2011. |
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1255 | | - | (22) Subtract an amount as described in Section 1341(a)(2) of the |
---|
1256 | | - | Internal Revenue Code to the extent, if any, that the amount was |
---|
1257 | | - | previously included in the taxpayer's adjusted gross income for a |
---|
1258 | | - | prior taxable year. |
---|
1259 | | - | (23) For taxable years beginning after December 25, 2016, add an |
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1260 | | - | amount equal to the deduction for deferred foreign income that |
---|
1261 | | - | was claimed by the taxpayer for the taxable year under Section |
---|
1262 | | - | 965(c) of the Internal Revenue Code. |
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1263 | | - | (24) Subtract any interest expense paid or accrued in the current |
---|
1264 | | - | taxable year but not deducted as a result of the limitation imposed |
---|
1265 | | - | under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
1266 | | - | interest expense paid or accrued in a previous taxable year but |
---|
1267 | | - | allowed as a deduction under Section 163 of the Internal Revenue |
---|
1268 | | - | Code in the current taxable year. For purposes of this subdivision, |
---|
1269 | | - | an interest expense is considered paid or accrued only in the first |
---|
1270 | | - | taxable year the deduction would have been allowable under |
---|
1271 | | - | Section 163 of the Internal Revenue Code if the limitation under |
---|
1272 | | - | Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
1273 | | - | (25) Subtract the amount that would have been excluded from |
---|
1274 | | - | gross income but for the enactment of Section 118(b)(2) of the |
---|
1275 | | - | Internal Revenue Code for taxable years ending after December |
---|
1276 | | - | 22, 2017. |
---|
1277 | | - | (26) For taxable years beginning after December 31, 2019, and |
---|
1278 | | - | before January 1, 2021, add an amount of the deduction claimed |
---|
1279 | | - | under Section 62(a)(22) of the Internal Revenue Code. |
---|
1280 | | - | (27) For taxable years beginning after December 31, 2019, for |
---|
1281 | | - | payments made by an employer under an education assistance |
---|
1282 | | - | SEA 418(ts) 31 |
---|
1283 | | - | program after March 27, 2020: |
---|
1284 | | - | (A) add the amount of payments by an employer that are |
---|
1285 | | - | excluded from the taxpayer's federal gross income under |
---|
1286 | | - | Section 127(c)(1)(B) of the Internal Revenue Code; and |
---|
1287 | | - | (B) deduct the interest allowable under Section 221 of the |
---|
1288 | | - | Internal Revenue Code, if the disallowance under Section |
---|
1289 | | - | 221(e)(1) of the Internal Revenue Code did not apply to the |
---|
1290 | | - | payments described in clause (A). For purposes of applying |
---|
1291 | | - | Section 221(b) of the Internal Revenue Code to the amount |
---|
1292 | | - | allowable under this clause, the amount under clause (A) shall |
---|
1293 | | - | not be added to adjusted gross income. |
---|
1294 | | - | (28) Add an amount equal to the remainder of: |
---|
1295 | | - | (A) the amount allowable as a deduction under Section 274(n) |
---|
1296 | | - | of the Internal Revenue Code; minus |
---|
1297 | | - | (B) the amount otherwise allowable as a deduction under |
---|
1298 | | - | Section 274(n) of the Internal Revenue Code, if Section |
---|
1299 | | - | 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
1300 | | - | for amounts paid or incurred after December 31, 2020. |
---|
1301 | | - | (29) For taxable years beginning after December 31, 2017, and |
---|
1302 | | - | before January 1, 2021, add an amount equal to the excess |
---|
1303 | | - | business loss of the taxpayer as defined in Section 461(l)(3) of the |
---|
1304 | | - | Internal Revenue Code. In addition: |
---|
1305 | | - | (A) If a taxpayer has an excess business loss under this |
---|
1306 | | - | subdivision and also has modifications under subdivisions (15) |
---|
1307 | | - | and (17) for property placed in service during the taxable year, |
---|
1308 | | - | the taxpayer shall treat a portion of the taxable year |
---|
1309 | | - | modifications for that property as occurring in the taxable year |
---|
1310 | | - | the property is placed in service and a portion of the |
---|
1311 | | - | modifications as occurring in the immediately following |
---|
1312 | | - | taxable year. |
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1313 | | - | (B) The portion of the modifications under subdivisions (15) |
---|
1314 | | - | and (17) for property placed in service during the taxable year |
---|
1315 | | - | treated as occurring in the taxable year in which the property |
---|
1316 | | - | is placed in service equals: |
---|
1317 | | - | (i) the modification for the property otherwise determined |
---|
1318 | | - | under this section; minus |
---|
1319 | | - | (ii) the excess business loss disallowed under this |
---|
1320 | | - | subdivision; |
---|
1321 | | - | but not less than zero (0). |
---|
1322 | | - | (C) The portion of the modifications under subdivisions (15) |
---|
1323 | | - | and (17) for property placed in service during the taxable year |
---|
1324 | | - | treated as occurring in the taxable year immediately following |
---|
1325 | | - | SEA 418(ts) 32 |
---|
1326 | | - | the taxable year in which the property is placed in service |
---|
1327 | | - | equals the modification for the property otherwise determined |
---|
1328 | | - | under this section minus the amount in clause (B). |
---|
1329 | | - | (D) Any reallocation of modifications between taxable years |
---|
1330 | | - | under clauses (B) and (C) shall be first allocated to the |
---|
1331 | | - | modification under subdivision (15), then to the modification |
---|
1332 | | - | under subdivision (17). |
---|
1333 | | - | (30) Add an amount equal to the amount excluded from federal |
---|
1334 | | - | gross income under Section 108(f)(5) of the Internal Revenue |
---|
1335 | | - | Code. For purposes of this subdivision: |
---|
1336 | | - | (A) if an amount excluded under Section 108(f)(5) of the |
---|
1337 | | - | Internal Revenue Code would be excludible under Section |
---|
1338 | | - | 108(a)(1)(B) of the Internal Revenue Code, the exclusion |
---|
1339 | | - | under Section 108(a)(1)(B) of the Internal Revenue Code shall |
---|
1340 | | - | take precedence; and |
---|
1341 | | - | (B) if an amount would have been excludible under Section |
---|
1342 | | - | 108(f)(5) of the Internal Revenue Code as in effect on January |
---|
1343 | | - | 1, 2020, the amount is not required to be added back under |
---|
1344 | | - | this subdivision. |
---|
1345 | | - | (31) For taxable years ending after March 12, 2020, subtract an |
---|
1346 | | - | amount equal to the deduction disallowed pursuant to: |
---|
1347 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
1348 | | - | as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
1349 | | - | and Disaster Relief Tax Act (Division EE of Public Law |
---|
1350 | | - | 116-260); and |
---|
1351 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
1352 | | - | (32) Subtract the amount of an annual grant amount distributed to |
---|
1353 | | - | a taxpayer's Indiana education scholarship account under |
---|
1354 | | - | IC 20-51.4-4-2 that is used for a qualified expense (as defined in |
---|
1355 | | - | IC 20-51.4-2-9) or to an Indiana enrichment scholarship account |
---|
1356 | | - | under IC 20-52 that is used for qualified expenses (as defined in |
---|
1357 | | - | IC 20-52-2-6), to the extent the distribution used for the qualified |
---|
1358 | | - | expense is included in the taxpayer's federal adjusted gross |
---|
1359 | | - | income under the Internal Revenue Code. |
---|
1360 | | - | (33) For taxable years beginning after December 31, 2019, and |
---|
1361 | | - | before January 1, 2021, add an amount equal to the amount of |
---|
1362 | | - | unemployment compensation excluded from federal gross income |
---|
1363 | | - | under Section 85(c) of the Internal Revenue Code. |
---|
1364 | | - | (34) For taxable years beginning after December 31, 2022, |
---|
1365 | | - | subtract an amount equal to the deduction disallowed under |
---|
1366 | | - | Section 280C(h) of the Internal Revenue Code. |
---|
1367 | | - | (34) (35) Subtract any other amounts the taxpayer is entitled to |
---|
1368 | | - | SEA 418(ts) 33 |
---|
1369 | | - | deduct under IC 6-3-2. |
---|
1370 | | - | (b) In the case of corporations, the same as "taxable income" (as |
---|
1371 | | - | defined in Section 63 of the Internal Revenue Code) adjusted as |
---|
1372 | | - | follows: |
---|
1373 | | - | (1) Subtract income that is exempt from taxation under this article |
---|
1374 | | - | by the Constitution and statutes of the United States. |
---|
1375 | | - | (2) Add an amount equal to any deduction or deductions allowed |
---|
1376 | | - | or allowable pursuant to Section 170 of the Internal Revenue |
---|
1377 | | - | Code (concerning charitable contributions). |
---|
1378 | | - | (3) Except as provided in subsection (c), add an amount equal to |
---|
1379 | | - | any deduction or deductions allowed or allowable pursuant to |
---|
1380 | | - | Section 63 of the Internal Revenue Code for taxes based on or |
---|
1381 | | - | measured by income and levied at the state level by any state of |
---|
1382 | | - | the United States. |
---|
1383 | | - | (4) Subtract an amount equal to the amount included in the |
---|
1384 | | - | corporation's taxable income under Section 78 of the Internal |
---|
1385 | | - | Revenue Code (concerning foreign tax credits). |
---|
1386 | | - | (5) Add or subtract the amount necessary to make the adjusted |
---|
1387 | | - | gross income of any taxpayer that owns property for which bonus |
---|
1388 | | - | depreciation was allowed in the current taxable year or in an |
---|
1389 | | - | earlier taxable year equal to the amount of adjusted gross income |
---|
1390 | | - | that would have been computed had an election not been made |
---|
1391 | | - | under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
1392 | | - | depreciation to the property in the year that it was placed in |
---|
1393 | | - | service. |
---|
1394 | | - | (6) Add an amount equal to any deduction allowed under Section |
---|
1395 | | - | 172 of the Internal Revenue Code (concerning net operating |
---|
1396 | | - | losses). |
---|
1397 | | - | (7) Add or subtract the amount necessary to make the adjusted |
---|
1398 | | - | gross income of any taxpayer that placed Section 179 property (as |
---|
1399 | | - | defined in Section 179 of the Internal Revenue Code) in service |
---|
1400 | | - | in the current taxable year or in an earlier taxable year equal to |
---|
1401 | | - | the amount of adjusted gross income that would have been |
---|
1402 | | - | computed had an election for federal income tax purposes not |
---|
1403 | | - | been made for the year in which the property was placed in |
---|
1404 | | - | service to take deductions under Section 179 of the Internal |
---|
1405 | | - | Revenue Code in a total amount exceeding the sum of: |
---|
1406 | | - | (A) twenty-five thousand dollars ($25,000) to the extent |
---|
1407 | | - | deductions under Section 179 of the Internal Revenue Code |
---|
1408 | | - | were not elected as provided in clause (B); and |
---|
1409 | | - | (B) for taxable years beginning after December 31, 2017, the |
---|
1410 | | - | deductions elected under Section 179 of the Internal Revenue |
---|
1411 | | - | SEA 418(ts) 34 |
---|
1412 | | - | Code on property acquired in an exchange if: |
---|
1413 | | - | (i) the exchange would have been eligible for |
---|
1414 | | - | nonrecognition of gain or loss under Section 1031 of the |
---|
1415 | | - | Internal Revenue Code in effect on January 1, 2017; |
---|
1416 | | - | (ii) the exchange is not eligible for nonrecognition of gain or |
---|
1417 | | - | loss under Section 1031 of the Internal Revenue Code; and |
---|
1418 | | - | (iii) the taxpayer made an election to take deductions under |
---|
1419 | | - | Section 179 of the Internal Revenue Code with regard to the |
---|
1420 | | - | acquired property in the year that the property was placed |
---|
1421 | | - | into service. |
---|
1422 | | - | The amount of deductions allowable for an item of property |
---|
1423 | | - | under this clause may not exceed the amount of adjusted gross |
---|
1424 | | - | income realized on the property that would have been deferred |
---|
1425 | | - | under the Internal Revenue Code in effect on January 1, 2017. |
---|
1426 | | - | (8) Add to the extent required by IC 6-3-2-20: |
---|
1427 | | - | (A) the amount of intangible expenses (as defined in |
---|
1428 | | - | IC 6-3-2-20) for the taxable year that reduced the corporation's |
---|
1429 | | - | taxable income (as defined in Section 63 of the Internal |
---|
1430 | | - | Revenue Code) for federal income tax purposes; and |
---|
1431 | | - | (B) any directly related interest expenses (as defined in |
---|
1432 | | - | IC 6-3-2-20) that reduced the corporation's adjusted gross |
---|
1433 | | - | income (determined without regard to this subdivision). For |
---|
1434 | | - | purposes of this clause, any directly related interest expense |
---|
1435 | | - | that constitutes business interest within the meaning of Section |
---|
1436 | | - | 163(j) of the Internal Revenue Code shall be considered to |
---|
1437 | | - | have reduced the taxpayer's federal taxable income only in the |
---|
1438 | | - | first taxable year in which the deduction otherwise would have |
---|
1439 | | - | been allowable under Section 163 of the Internal Revenue |
---|
1440 | | - | Code if the limitation under Section 163(j)(1) of the Internal |
---|
1441 | | - | Revenue Code did not exist. |
---|
1442 | | - | (9) Add an amount equal to any deduction for dividends paid (as |
---|
1443 | | - | defined in Section 561 of the Internal Revenue Code) to |
---|
1444 | | - | shareholders of a captive real estate investment trust (as defined |
---|
1445 | | - | in section 34.5 of this chapter). |
---|
1446 | | - | (10) Subtract income that is: |
---|
1447 | | - | (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
---|
1448 | | - | derived from patents); and |
---|
1449 | | - | (B) included in the corporation's taxable income under the |
---|
1450 | | - | Internal Revenue Code. |
---|
1451 | | - | (11) Add an amount equal to any income not included in gross |
---|
1452 | | - | income as a result of the deferral of income arising from business |
---|
1453 | | - | indebtedness discharged in connection with the reacquisition after |
---|
1454 | | - | SEA 418(ts) 35 |
---|
1455 | | - | December 31, 2008, and before January 1, 2011, of an applicable |
---|
1456 | | - | debt instrument, as provided in Section 108(i) of the Internal |
---|
1457 | | - | Revenue Code. Subtract from the adjusted gross income of any |
---|
1458 | | - | taxpayer that added an amount to adjusted gross income in a |
---|
1459 | | - | previous year the amount necessary to offset the amount included |
---|
1460 | | - | in federal gross income as a result of the deferral of income |
---|
1461 | | - | arising from business indebtedness discharged in connection with |
---|
1462 | | - | the reacquisition after December 31, 2008, and before January 1, |
---|
1463 | | - | 2011, of an applicable debt instrument, as provided in Section |
---|
1464 | | - | 108(i) of the Internal Revenue Code. |
---|
1465 | | - | (12) Add the amount excluded from federal gross income under |
---|
1466 | | - | Section 103 of the Internal Revenue Code for interest received on |
---|
1467 | | - | an obligation of a state other than Indiana, or a political |
---|
1468 | | - | subdivision of such a state, that is acquired by the taxpayer after |
---|
1469 | | - | December 31, 2011. |
---|
1470 | | - | (13) For taxable years beginning after December 25, 2016: |
---|
1471 | | - | (A) for a corporation other than a real estate investment trust, |
---|
1472 | | - | add: |
---|
1473 | | - | (i) an amount equal to the amount reported by the taxpayer |
---|
1474 | | - | on IRC 965 Transition Tax Statement, line 1; or |
---|
1475 | | - | (ii) if the taxpayer deducted an amount under Section 965(c) |
---|
1476 | | - | of the Internal Revenue Code in determining the taxpayer's |
---|
1477 | | - | taxable income for purposes of the federal income tax, the |
---|
1478 | | - | amount deducted under Section 965(c) of the Internal |
---|
1479 | | - | Revenue Code; and |
---|
1480 | | - | (B) for a real estate investment trust, add an amount equal to |
---|
1481 | | - | the deduction for deferred foreign income that was claimed by |
---|
1482 | | - | the taxpayer for the taxable year under Section 965(c) of the |
---|
1483 | | - | Internal Revenue Code, but only to the extent that the taxpayer |
---|
1484 | | - | included income pursuant to Section 965 of the Internal |
---|
1485 | | - | Revenue Code in its taxable income for federal income tax |
---|
1486 | | - | purposes or is required to add back dividends paid under |
---|
1487 | | - | subdivision (9). |
---|
1488 | | - | (14) Add an amount equal to the deduction that was claimed by |
---|
1489 | | - | the taxpayer for the taxable year under Section 250(a)(1)(B) of the |
---|
1490 | | - | Internal Revenue Code (attributable to global intangible |
---|
1491 | | - | low-taxed income). The taxpayer shall separately specify the |
---|
1492 | | - | amount of the reduction under Section 250(a)(1)(B)(i) of the |
---|
1493 | | - | Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the |
---|
1494 | | - | Internal Revenue Code. |
---|
1495 | | - | (15) Subtract any interest expense paid or accrued in the current |
---|
1496 | | - | taxable year but not deducted as a result of the limitation imposed |
---|
1497 | | - | SEA 418(ts) 36 |
---|
1498 | | - | under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
1499 | | - | interest expense paid or accrued in a previous taxable year but |
---|
1500 | | - | allowed as a deduction under Section 163 of the Internal Revenue |
---|
1501 | | - | Code in the current taxable year. For purposes of this subdivision, |
---|
1502 | | - | an interest expense is considered paid or accrued only in the first |
---|
1503 | | - | taxable year the deduction would have been allowable under |
---|
1504 | | - | Section 163 of the Internal Revenue Code if the limitation under |
---|
1505 | | - | Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
1506 | | - | (16) Subtract the amount that would have been excluded from |
---|
1507 | | - | gross income but for the enactment of Section 118(b)(2) of the |
---|
1508 | | - | Internal Revenue Code for taxable years ending after December |
---|
1509 | | - | 22, 2017. |
---|
1510 | | - | (17) Add an amount equal to the remainder of: |
---|
1511 | | - | (A) the amount allowable as a deduction under Section 274(n) |
---|
1512 | | - | of the Internal Revenue Code; minus |
---|
1513 | | - | (B) the amount otherwise allowable as a deduction under |
---|
1514 | | - | Section 274(n) of the Internal Revenue Code, if Section |
---|
1515 | | - | 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
1516 | | - | for amounts paid or incurred after December 31, 2020. |
---|
1517 | | - | (18) For taxable years ending after March 12, 2020, subtract an |
---|
1518 | | - | amount equal to the deduction disallowed pursuant to: |
---|
1519 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
1520 | | - | as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
1521 | | - | and Disaster Relief Tax Act (Division EE of Public Law |
---|
1522 | | - | 116-260); and |
---|
1523 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
1524 | | - | (19) For taxable years beginning after December 31, 2022, |
---|
1525 | | - | subtract an amount equal to the deduction disallowed under |
---|
1526 | | - | Section 280C(h) of the Internal Revenue Code. |
---|
1527 | | - | (19) (20) Add or subtract any other amounts the taxpayer is: |
---|
1528 | | - | (A) required to add or subtract; or |
---|
1529 | | - | (B) entitled to deduct; |
---|
1530 | | - | under IC 6-3-2. |
---|
1531 | | - | (c) The following apply to taxable years beginning after December |
---|
1532 | | - | 31, 2018, for purposes of the add back of any deduction allowed on the |
---|
1533 | | - | taxpayer's federal income tax return for wagering taxes, as provided in |
---|
1534 | | - | subsection (a)(2) if the taxpayer is an individual or subsection (b)(3) if |
---|
1535 | | - | the taxpayer is a corporation: |
---|
1536 | | - | (1) For taxable years beginning after December 31, 2018, and |
---|
1537 | | - | before January 1, 2020, a taxpayer is required to add back under |
---|
1538 | | - | this section eighty-seven and five-tenths percent (87.5%) of any |
---|
1539 | | - | deduction allowed on the taxpayer's federal income tax return for |
---|
1540 | | - | SEA 418(ts) 37 |
---|
1541 | | - | wagering taxes. |
---|
1542 | | - | (2) For taxable years beginning after December 31, 2019, and |
---|
1543 | | - | before January 1, 2021, a taxpayer is required to add back under |
---|
1544 | | - | this section seventy-five percent (75%) of any deduction allowed |
---|
1545 | | - | on the taxpayer's federal income tax return for wagering taxes. |
---|
1546 | | - | (3) For taxable years beginning after December 31, 2020, and |
---|
1547 | | - | before January 1, 2022, a taxpayer is required to add back under |
---|
1548 | | - | this section sixty-two and five-tenths percent (62.5%) of any |
---|
1549 | | - | deduction allowed on the taxpayer's federal income tax return for |
---|
1550 | | - | wagering taxes. |
---|
1551 | | - | (4) For taxable years beginning after December 31, 2021, and |
---|
1552 | | - | before January 1, 2023, a taxpayer is required to add back under |
---|
1553 | | - | this section fifty percent (50%) of any deduction allowed on the |
---|
1554 | | - | taxpayer's federal income tax return for wagering taxes. |
---|
1555 | | - | (5) For taxable years beginning after December 31, 2022, and |
---|
1556 | | - | before January 1, 2024, a taxpayer is required to add back under |
---|
1557 | | - | this section thirty-seven and five-tenths percent (37.5%) of any |
---|
1558 | | - | deduction allowed on the taxpayer's federal income tax return for |
---|
1559 | | - | wagering taxes. |
---|
1560 | | - | (6) For taxable years beginning after December 31, 2023, and |
---|
1561 | | - | before January 1, 2025, a taxpayer is required to add back under |
---|
1562 | | - | this section twenty-five percent (25%) of any deduction allowed |
---|
1563 | | - | on the taxpayer's federal income tax return for wagering taxes. |
---|
1564 | | - | (7) For taxable years beginning after December 31, 2024, and |
---|
1565 | | - | before January 1, 2026, a taxpayer is required to add back under |
---|
1566 | | - | this section twelve and five-tenths percent (12.5%) of any |
---|
1567 | | - | deduction allowed on the taxpayer's federal income tax return for |
---|
1568 | | - | wagering taxes. |
---|
1569 | | - | (8) For taxable years beginning after December 31, 2025, a |
---|
1570 | | - | taxpayer is not required to add back under this section any amount |
---|
1571 | | - | of a deduction allowed on the taxpayer's federal income tax return |
---|
1572 | | - | for wagering taxes. |
---|
1573 | | - | (d) In the case of life insurance companies (as defined in Section |
---|
1574 | | - | 816(a) of the Internal Revenue Code) that are organized under Indiana |
---|
1575 | | - | law, the same as "life insurance company taxable income" (as defined |
---|
1576 | | - | in Section 801 of the Internal Revenue Code), adjusted as follows: |
---|
1577 | | - | (1) Subtract income that is exempt from taxation under this article |
---|
1578 | | - | by the Constitution and statutes of the United States. |
---|
1579 | | - | (2) Add an amount equal to any deduction allowed or allowable |
---|
1580 | | - | under Section 170 of the Internal Revenue Code (concerning |
---|
1581 | | - | charitable contributions). |
---|
1582 | | - | (3) Add an amount equal to a deduction allowed or allowable |
---|
1583 | | - | SEA 418(ts) 38 |
---|
1584 | | - | under Section 805 or Section 832(c) of the Internal Revenue Code |
---|
1585 | | - | for taxes based on or measured by income and levied at the state |
---|
1586 | | - | level by any state. |
---|
1587 | | - | (4) Subtract an amount equal to the amount included in the |
---|
1588 | | - | company's taxable income under Section 78 of the Internal |
---|
1589 | | - | Revenue Code (concerning foreign tax credits). |
---|
1590 | | - | (5) Add or subtract the amount necessary to make the adjusted |
---|
1591 | | - | gross income of any taxpayer that owns property for which bonus |
---|
1592 | | - | depreciation was allowed in the current taxable year or in an |
---|
1593 | | - | earlier taxable year equal to the amount of adjusted gross income |
---|
1594 | | - | that would have been computed had an election not been made |
---|
1595 | | - | under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
1596 | | - | depreciation to the property in the year that it was placed in |
---|
1597 | | - | service. |
---|
1598 | | - | (6) Add an amount equal to any deduction allowed under Section |
---|
1599 | | - | 172 of the Internal Revenue Code (concerning net operating |
---|
1600 | | - | losses). |
---|
1601 | | - | (7) Add or subtract the amount necessary to make the adjusted |
---|
1602 | | - | gross income of any taxpayer that placed Section 179 property (as |
---|
1603 | | - | defined in Section 179 of the Internal Revenue Code) in service |
---|
1604 | | - | in the current taxable year or in an earlier taxable year equal to |
---|
1605 | | - | the amount of adjusted gross income that would have been |
---|
1606 | | - | computed had an election for federal income tax purposes not |
---|
1607 | | - | been made for the year in which the property was placed in |
---|
1608 | | - | service to take deductions under Section 179 of the Internal |
---|
1609 | | - | Revenue Code in a total amount exceeding the sum of: |
---|
1610 | | - | (A) twenty-five thousand dollars ($25,000) to the extent |
---|
1611 | | - | deductions under Section 179 of the Internal Revenue Code |
---|
1612 | | - | were not elected as provided in clause (B); and |
---|
1613 | | - | (B) for taxable years beginning after December 31, 2017, the |
---|
1614 | | - | deductions elected under Section 179 of the Internal Revenue |
---|
1615 | | - | Code on property acquired in an exchange if: |
---|
1616 | | - | (i) the exchange would have been eligible for |
---|
1617 | | - | nonrecognition of gain or loss under Section 1031 of the |
---|
1618 | | - | Internal Revenue Code in effect on January 1, 2017; |
---|
1619 | | - | (ii) the exchange is not eligible for nonrecognition of gain or |
---|
1620 | | - | loss under Section 1031 of the Internal Revenue Code; and |
---|
1621 | | - | (iii) the taxpayer made an election to take deductions under |
---|
1622 | | - | Section 179 of the Internal Revenue Code with regard to the |
---|
1623 | | - | acquired property in the year that the property was placed |
---|
1624 | | - | into service. |
---|
1625 | | - | The amount of deductions allowable for an item of property |
---|
1626 | | - | SEA 418(ts) 39 |
---|
1627 | | - | under this clause may not exceed the amount of adjusted gross |
---|
1628 | | - | income realized on the property that would have been deferred |
---|
1629 | | - | under the Internal Revenue Code in effect on January 1, 2017. |
---|
1630 | | - | (8) Subtract income that is: |
---|
1631 | | - | (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
---|
1632 | | - | derived from patents); and |
---|
1633 | | - | (B) included in the insurance company's taxable income under |
---|
1634 | | - | the Internal Revenue Code. |
---|
1635 | | - | (9) Add an amount equal to any income not included in gross |
---|
1636 | | - | income as a result of the deferral of income arising from business |
---|
1637 | | - | indebtedness discharged in connection with the reacquisition after |
---|
1638 | | - | December 31, 2008, and before January 1, 2011, of an applicable |
---|
1639 | | - | debt instrument, as provided in Section 108(i) of the Internal |
---|
1640 | | - | Revenue Code. Subtract from the adjusted gross income of any |
---|
1641 | | - | taxpayer that added an amount to adjusted gross income in a |
---|
1642 | | - | previous year the amount necessary to offset the amount included |
---|
1643 | | - | in federal gross income as a result of the deferral of income |
---|
1644 | | - | arising from business indebtedness discharged in connection with |
---|
1645 | | - | the reacquisition after December 31, 2008, and before January 1, |
---|
1646 | | - | 2011, of an applicable debt instrument, as provided in Section |
---|
1647 | | - | 108(i) of the Internal Revenue Code. |
---|
1648 | | - | (10) Add an amount equal to any exempt insurance income under |
---|
1649 | | - | Section 953(e) of the Internal Revenue Code that is active |
---|
1650 | | - | financing income under Subpart F of Subtitle A, Chapter 1, |
---|
1651 | | - | Subchapter N of the Internal Revenue Code. |
---|
1652 | | - | (11) Add the amount excluded from federal gross income under |
---|
1653 | | - | Section 103 of the Internal Revenue Code for interest received on |
---|
1654 | | - | an obligation of a state other than Indiana, or a political |
---|
1655 | | - | subdivision of such a state, that is acquired by the taxpayer after |
---|
1656 | | - | December 31, 2011. |
---|
1657 | | - | (12) For taxable years beginning after December 25, 2016, add: |
---|
1658 | | - | (A) an amount equal to the amount reported by the taxpayer on |
---|
1659 | | - | IRC 965 Transition Tax Statement, line 1; or |
---|
1660 | | - | (B) if the taxpayer deducted an amount under Section 965(c) |
---|
1661 | | - | of the Internal Revenue Code in determining the taxpayer's |
---|
1662 | | - | taxable income for purposes of the federal income tax, the |
---|
1663 | | - | amount deducted under Section 965(c) of the Internal Revenue |
---|
1664 | | - | Code. |
---|
1665 | | - | (13) Add an amount equal to the deduction that was claimed by |
---|
1666 | | - | the taxpayer for the taxable year under Section 250(a)(1)(B) of the |
---|
1667 | | - | Internal Revenue Code (attributable to global intangible |
---|
1668 | | - | low-taxed income). The taxpayer shall separately specify the |
---|
1669 | | - | SEA 418(ts) 40 |
---|
1670 | | - | amount of the reduction under Section 250(a)(1)(B)(i) of the |
---|
1671 | | - | Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the |
---|
1672 | | - | Internal Revenue Code. |
---|
1673 | | - | (14) Subtract any interest expense paid or accrued in the current |
---|
1674 | | - | taxable year but not deducted as a result of the limitation imposed |
---|
1675 | | - | under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
1676 | | - | interest expense paid or accrued in a previous taxable year but |
---|
1677 | | - | allowed as a deduction under Section 163 of the Internal Revenue |
---|
1678 | | - | Code in the current taxable year. For purposes of this subdivision, |
---|
1679 | | - | an interest expense is considered paid or accrued only in the first |
---|
1680 | | - | taxable year the deduction would have been allowable under |
---|
1681 | | - | Section 163 of the Internal Revenue Code if the limitation under |
---|
1682 | | - | Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
1683 | | - | (15) Subtract the amount that would have been excluded from |
---|
1684 | | - | gross income but for the enactment of Section 118(b)(2) of the |
---|
1685 | | - | Internal Revenue Code for taxable years ending after December |
---|
1686 | | - | 22, 2017. |
---|
1687 | | - | (16) Add an amount equal to the remainder of: |
---|
1688 | | - | (A) the amount allowable as a deduction under Section 274(n) |
---|
1689 | | - | of the Internal Revenue Code; minus |
---|
1690 | | - | (B) the amount otherwise allowable as a deduction under |
---|
1691 | | - | Section 274(n) of the Internal Revenue Code, if Section |
---|
1692 | | - | 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
1693 | | - | for amounts paid or incurred after December 31, 2020. |
---|
1694 | | - | (17) For taxable years ending after March 12, 2020, subtract an |
---|
1695 | | - | amount equal to the deduction disallowed pursuant to: |
---|
1696 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
1697 | | - | as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
1698 | | - | and Disaster Relief Tax Act (Division EE of Public Law |
---|
1699 | | - | 116-260); and |
---|
1700 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
1701 | | - | (18) For taxable years beginning after December 31, 2022, |
---|
1702 | | - | subtract an amount equal to the deduction disallowed under |
---|
1703 | | - | Section 280C(h) of the Internal Revenue Code. |
---|
1704 | | - | (18) (19) Add or subtract any other amounts the taxpayer is: |
---|
1705 | | - | (A) required to add or subtract; or |
---|
1706 | | - | (B) entitled to deduct; |
---|
1707 | | - | under IC 6-3-2. |
---|
1708 | | - | (e) In the case of insurance companies subject to tax under Section |
---|
1709 | | - | 831 of the Internal Revenue Code and organized under Indiana law, the |
---|
1710 | | - | same as "taxable income" (as defined in Section 832 of the Internal |
---|
1711 | | - | Revenue Code), adjusted as follows: |
---|
1712 | | - | SEA 418(ts) 41 |
---|
1713 | | - | (1) Subtract income that is exempt from taxation under this article |
---|
1714 | | - | by the Constitution and statutes of the United States. |
---|
1715 | | - | (2) Add an amount equal to any deduction allowed or allowable |
---|
1716 | | - | under Section 170 of the Internal Revenue Code (concerning |
---|
1717 | | - | charitable contributions). |
---|
1718 | | - | (3) Add an amount equal to a deduction allowed or allowable |
---|
1719 | | - | under Section 805 or Section 832(c) of the Internal Revenue Code |
---|
1720 | | - | for taxes based on or measured by income and levied at the state |
---|
1721 | | - | level by any state. |
---|
1722 | | - | (4) Subtract an amount equal to the amount included in the |
---|
1723 | | - | company's taxable income under Section 78 of the Internal |
---|
1724 | | - | Revenue Code (concerning foreign tax credits). |
---|
1725 | | - | (5) Add or subtract the amount necessary to make the adjusted |
---|
1726 | | - | gross income of any taxpayer that owns property for which bonus |
---|
1727 | | - | depreciation was allowed in the current taxable year or in an |
---|
1728 | | - | earlier taxable year equal to the amount of adjusted gross income |
---|
1729 | | - | that would have been computed had an election not been made |
---|
1730 | | - | under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
1731 | | - | depreciation to the property in the year that it was placed in |
---|
1732 | | - | service. |
---|
1733 | | - | (6) Add an amount equal to any deduction allowed under Section |
---|
1734 | | - | 172 of the Internal Revenue Code (concerning net operating |
---|
1735 | | - | losses). |
---|
1736 | | - | (7) Add or subtract the amount necessary to make the adjusted |
---|
1737 | | - | gross income of any taxpayer that placed Section 179 property (as |
---|
1738 | | - | defined in Section 179 of the Internal Revenue Code) in service |
---|
1739 | | - | in the current taxable year or in an earlier taxable year equal to |
---|
1740 | | - | the amount of adjusted gross income that would have been |
---|
1741 | | - | computed had an election for federal income tax purposes not |
---|
1742 | | - | been made for the year in which the property was placed in |
---|
1743 | | - | service to take deductions under Section 179 of the Internal |
---|
1744 | | - | Revenue Code in a total amount exceeding the sum of: |
---|
1745 | | - | (A) twenty-five thousand dollars ($25,000) to the extent |
---|
1746 | | - | deductions under Section 179 of the Internal Revenue Code |
---|
1747 | | - | were not elected as provided in clause (B); and |
---|
1748 | | - | (B) for taxable years beginning after December 31, 2017, the |
---|
1749 | | - | deductions elected under Section 179 of the Internal Revenue |
---|
1750 | | - | Code on property acquired in an exchange if: |
---|
1751 | | - | (i) the exchange would have been eligible for |
---|
1752 | | - | nonrecognition of gain or loss under Section 1031 of the |
---|
1753 | | - | Internal Revenue Code in effect on January 1, 2017; |
---|
1754 | | - | (ii) the exchange is not eligible for nonrecognition of gain or |
---|
1755 | | - | SEA 418(ts) 42 |
---|
1756 | | - | loss under Section 1031 of the Internal Revenue Code; and |
---|
1757 | | - | (iii) the taxpayer made an election to take deductions under |
---|
1758 | | - | Section 179 of the Internal Revenue Code with regard to the |
---|
1759 | | - | acquired property in the year that the property was placed |
---|
1760 | | - | into service. |
---|
1761 | | - | The amount of deductions allowable for an item of property |
---|
1762 | | - | under this clause may not exceed the amount of adjusted gross |
---|
1763 | | - | income realized on the property that would have been deferred |
---|
1764 | | - | under the Internal Revenue Code in effect on January 1, 2017. |
---|
1765 | | - | (8) Subtract income that is: |
---|
1766 | | - | (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
---|
1767 | | - | derived from patents); and |
---|
1768 | | - | (B) included in the insurance company's taxable income under |
---|
1769 | | - | the Internal Revenue Code. |
---|
1770 | | - | (9) Add an amount equal to any income not included in gross |
---|
1771 | | - | income as a result of the deferral of income arising from business |
---|
1772 | | - | indebtedness discharged in connection with the reacquisition after |
---|
1773 | | - | December 31, 2008, and before January 1, 2011, of an applicable |
---|
1774 | | - | debt instrument, as provided in Section 108(i) of the Internal |
---|
1775 | | - | Revenue Code. Subtract from the adjusted gross income of any |
---|
1776 | | - | taxpayer that added an amount to adjusted gross income in a |
---|
1777 | | - | previous year the amount necessary to offset the amount included |
---|
1778 | | - | in federal gross income as a result of the deferral of income |
---|
1779 | | - | arising from business indebtedness discharged in connection with |
---|
1780 | | - | the reacquisition after December 31, 2008, and before January 1, |
---|
1781 | | - | 2011, of an applicable debt instrument, as provided in Section |
---|
1782 | | - | 108(i) of the Internal Revenue Code. |
---|
1783 | | - | (10) Add an amount equal to any exempt insurance income under |
---|
1784 | | - | Section 953(e) of the Internal Revenue Code that is active |
---|
1785 | | - | financing income under Subpart F of Subtitle A, Chapter 1, |
---|
1786 | | - | Subchapter N of the Internal Revenue Code. |
---|
1787 | | - | (11) Add the amount excluded from federal gross income under |
---|
1788 | | - | Section 103 of the Internal Revenue Code for interest received on |
---|
1789 | | - | an obligation of a state other than Indiana, or a political |
---|
1790 | | - | subdivision of such a state, that is acquired by the taxpayer after |
---|
1791 | | - | December 31, 2011. |
---|
1792 | | - | (12) For taxable years beginning after December 25, 2016, add: |
---|
1793 | | - | (A) an amount equal to the amount reported by the taxpayer on |
---|
1794 | | - | IRC 965 Transition Tax Statement, line 1; or |
---|
1795 | | - | (B) if the taxpayer deducted an amount under Section 965(c) |
---|
1796 | | - | of the Internal Revenue Code in determining the taxpayer's |
---|
1797 | | - | taxable income for purposes of the federal income tax, the |
---|
1798 | | - | SEA 418(ts) 43 |
---|
1799 | | - | amount deducted under Section 965(c) of the Internal Revenue |
---|
1800 | | - | Code. |
---|
1801 | | - | (13) Add an amount equal to the deduction that was claimed by |
---|
1802 | | - | the taxpayer for the taxable year under Section 250(a)(1)(B) of the |
---|
1803 | | - | Internal Revenue Code (attributable to global intangible |
---|
1804 | | - | low-taxed income). The taxpayer shall separately specify the |
---|
1805 | | - | amount of the reduction under Section 250(a)(1)(B)(i) of the |
---|
1806 | | - | Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the |
---|
1807 | | - | Internal Revenue Code. |
---|
1808 | | - | (14) Subtract any interest expense paid or accrued in the current |
---|
1809 | | - | taxable year but not deducted as a result of the limitation imposed |
---|
1810 | | - | under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
1811 | | - | interest expense paid or accrued in a previous taxable year but |
---|
1812 | | - | allowed as a deduction under Section 163 of the Internal Revenue |
---|
1813 | | - | Code in the current taxable year. For purposes of this subdivision, |
---|
1814 | | - | an interest expense is considered paid or accrued only in the first |
---|
1815 | | - | taxable year the deduction would have been allowable under |
---|
1816 | | - | Section 163 of the Internal Revenue Code if the limitation under |
---|
1817 | | - | Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
1818 | | - | (15) Subtract the amount that would have been excluded from |
---|
1819 | | - | gross income but for the enactment of Section 118(b)(2) of the |
---|
1820 | | - | Internal Revenue Code for taxable years ending after December |
---|
1821 | | - | 22, 2017. |
---|
1822 | | - | (16) Add an amount equal to the remainder of: |
---|
1823 | | - | (A) the amount allowable as a deduction under Section 274(n) |
---|
1824 | | - | of the Internal Revenue Code; minus |
---|
1825 | | - | (B) the amount otherwise allowable as a deduction under |
---|
1826 | | - | Section 274(n) of the Internal Revenue Code, if Section |
---|
1827 | | - | 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
1828 | | - | for amounts paid or incurred after December 31, 2020. |
---|
1829 | | - | (17) For taxable years ending after March 12, 2020, subtract an |
---|
1830 | | - | amount equal to the deduction disallowed pursuant to: |
---|
1831 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
1832 | | - | as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
1833 | | - | and Disaster Relief Tax Act (Division EE of Public Law |
---|
1834 | | - | 116-260); and |
---|
1835 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
1836 | | - | (18) For taxable years beginning after December 31, 2022, |
---|
1837 | | - | subtract an amount equal to the deduction disallowed under |
---|
1838 | | - | Section 280C(h) of the Internal Revenue Code. |
---|
1839 | | - | (18) (19) Add or subtract any other amounts the taxpayer is: |
---|
1840 | | - | (A) required to add or subtract; or |
---|
1841 | | - | SEA 418(ts) 44 |
---|
1842 | | - | (B) entitled to deduct; |
---|
1843 | | - | under IC 6-3-2. |
---|
1844 | | - | (f) In the case of trusts and estates, "taxable income" (as defined for |
---|
1845 | | - | trusts and estates in Section 641(b) of the Internal Revenue Code) |
---|
1846 | | - | adjusted as follows: |
---|
1847 | | - | (1) Subtract income that is exempt from taxation under this article |
---|
1848 | | - | by the Constitution and statutes of the United States. |
---|
1849 | | - | (2) Subtract an amount equal to the amount of a September 11 |
---|
1850 | | - | terrorist attack settlement payment included in the federal |
---|
1851 | | - | adjusted gross income of the estate of a victim of the September |
---|
1852 | | - | 11 terrorist attack or a trust to the extent the trust benefits a victim |
---|
1853 | | - | of the September 11 terrorist attack. |
---|
1854 | | - | (3) Add or subtract the amount necessary to make the adjusted |
---|
1855 | | - | gross income of any taxpayer that owns property for which bonus |
---|
1856 | | - | depreciation was allowed in the current taxable year or in an |
---|
1857 | | - | earlier taxable year equal to the amount of adjusted gross income |
---|
1858 | | - | that would have been computed had an election not been made |
---|
1859 | | - | under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
1860 | | - | depreciation to the property in the year that it was placed in |
---|
1861 | | - | service. |
---|
1862 | | - | (4) Add an amount equal to any deduction allowed under Section |
---|
1863 | | - | 172 of the Internal Revenue Code (concerning net operating |
---|
1864 | | - | losses). |
---|
1865 | | - | (5) Add or subtract the amount necessary to make the adjusted |
---|
1866 | | - | gross income of any taxpayer that placed Section 179 property (as |
---|
1867 | | - | defined in Section 179 of the Internal Revenue Code) in service |
---|
1868 | | - | in the current taxable year or in an earlier taxable year equal to |
---|
1869 | | - | the amount of adjusted gross income that would have been |
---|
1870 | | - | computed had an election for federal income tax purposes not |
---|
1871 | | - | been made for the year in which the property was placed in |
---|
1872 | | - | service to take deductions under Section 179 of the Internal |
---|
1873 | | - | Revenue Code in a total amount exceeding the sum of: |
---|
1874 | | - | (A) twenty-five thousand dollars ($25,000) to the extent |
---|
1875 | | - | deductions under Section 179 of the Internal Revenue Code |
---|
1876 | | - | were not elected as provided in clause (B); and |
---|
1877 | | - | (B) for taxable years beginning after December 31, 2017, the |
---|
1878 | | - | deductions elected under Section 179 of the Internal Revenue |
---|
1879 | | - | Code on property acquired in an exchange if: |
---|
1880 | | - | (i) the exchange would have been eligible for |
---|
1881 | | - | nonrecognition of gain or loss under Section 1031 of the |
---|
1882 | | - | Internal Revenue Code in effect on January 1, 2017; |
---|
1883 | | - | (ii) the exchange is not eligible for nonrecognition of gain or |
---|
1884 | | - | SEA 418(ts) 45 |
---|
1885 | | - | loss under Section 1031 of the Internal Revenue Code; and |
---|
1886 | | - | (iii) the taxpayer made an election to take deductions under |
---|
1887 | | - | Section 179 of the Internal Revenue Code with regard to the |
---|
1888 | | - | acquired property in the year that the property was placed |
---|
1889 | | - | into service. |
---|
1890 | | - | The amount of deductions allowable for an item of property |
---|
1891 | | - | under this clause may not exceed the amount of adjusted gross |
---|
1892 | | - | income realized on the property that would have been deferred |
---|
1893 | | - | under the Internal Revenue Code in effect on January 1, 2017. |
---|
1894 | | - | (6) Subtract income that is: |
---|
1895 | | - | (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
---|
1896 | | - | derived from patents); and |
---|
1897 | | - | (B) included in the taxpayer's taxable income under the |
---|
1898 | | - | Internal Revenue Code. |
---|
1899 | | - | (7) Add an amount equal to any income not included in gross |
---|
1900 | | - | income as a result of the deferral of income arising from business |
---|
1901 | | - | indebtedness discharged in connection with the reacquisition after |
---|
1902 | | - | December 31, 2008, and before January 1, 2011, of an applicable |
---|
1903 | | - | debt instrument, as provided in Section 108(i) of the Internal |
---|
1904 | | - | Revenue Code. Subtract from the adjusted gross income of any |
---|
1905 | | - | taxpayer that added an amount to adjusted gross income in a |
---|
1906 | | - | previous year the amount necessary to offset the amount included |
---|
1907 | | - | in federal gross income as a result of the deferral of income |
---|
1908 | | - | arising from business indebtedness discharged in connection with |
---|
1909 | | - | the reacquisition after December 31, 2008, and before January 1, |
---|
1910 | | - | 2011, of an applicable debt instrument, as provided in Section |
---|
1911 | | - | 108(i) of the Internal Revenue Code. |
---|
1912 | | - | (8) Add the amount excluded from federal gross income under |
---|
1913 | | - | Section 103 of the Internal Revenue Code for interest received on |
---|
1914 | | - | an obligation of a state other than Indiana, or a political |
---|
1915 | | - | subdivision of such a state, that is acquired by the taxpayer after |
---|
1916 | | - | December 31, 2011. |
---|
1917 | | - | (9) For taxable years beginning after December 25, 2016, add an |
---|
1918 | | - | amount equal to: |
---|
1919 | | - | (A) the amount reported by the taxpayer on IRC 965 |
---|
1920 | | - | Transition Tax Statement, line 1; |
---|
1921 | | - | (B) if the taxpayer deducted an amount under Section 965(c) |
---|
1922 | | - | of the Internal Revenue Code in determining the taxpayer's |
---|
1923 | | - | taxable income for purposes of the federal income tax, the |
---|
1924 | | - | amount deducted under Section 965(c) of the Internal Revenue |
---|
1925 | | - | Code; and |
---|
1926 | | - | (C) with regard to any amounts of income under Section 965 |
---|
1927 | | - | SEA 418(ts) 46 |
---|
1928 | | - | of the Internal Revenue Code distributed by the taxpayer, the |
---|
1929 | | - | deduction under Section 965(c) of the Internal Revenue Code |
---|
1930 | | - | attributable to such distributed amounts and not reported to the |
---|
1931 | | - | beneficiary. |
---|
1932 | | - | For purposes of this article, the amount required to be added back |
---|
1933 | | - | under clause (B) is not considered to be distributed or |
---|
1934 | | - | distributable to a beneficiary of the estate or trust for purposes of |
---|
1935 | | - | Sections 651 and 661 of the Internal Revenue Code. |
---|
1936 | | - | (10) Subtract any interest expense paid or accrued in the current |
---|
1937 | | - | taxable year but not deducted as a result of the limitation imposed |
---|
1938 | | - | under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
1939 | | - | interest expense paid or accrued in a previous taxable year but |
---|
1940 | | - | allowed as a deduction under Section 163 of the Internal Revenue |
---|
1941 | | - | Code in the current taxable year. For purposes of this subdivision, |
---|
1942 | | - | an interest expense is considered paid or accrued only in the first |
---|
1943 | | - | taxable year the deduction would have been allowable under |
---|
1944 | | - | Section 163 of the Internal Revenue Code if the limitation under |
---|
1945 | | - | Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
1946 | | - | (11) Add an amount equal to the deduction for qualified business |
---|
1947 | | - | income that was claimed by the taxpayer for the taxable year |
---|
1948 | | - | under Section 199A of the Internal Revenue Code. |
---|
1949 | | - | (12) Subtract the amount that would have been excluded from |
---|
1950 | | - | gross income but for the enactment of Section 118(b)(2) of the |
---|
1951 | | - | Internal Revenue Code for taxable years ending after December |
---|
1952 | | - | 22, 2017. |
---|
1953 | | - | (13) Add an amount equal to the remainder of: |
---|
1954 | | - | (A) the amount allowable as a deduction under Section 274(n) |
---|
1955 | | - | of the Internal Revenue Code; minus |
---|
1956 | | - | (B) the amount otherwise allowable as a deduction under |
---|
1957 | | - | Section 274(n) of the Internal Revenue Code, if Section |
---|
1958 | | - | 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
1959 | | - | for amounts paid or incurred after December 31, 2020. |
---|
1960 | | - | (14) For taxable years beginning after December 31, 2017, and |
---|
1961 | | - | before January 1, 2021, add an amount equal to the excess |
---|
1962 | | - | business loss of the taxpayer as defined in Section 461(l)(3) of the |
---|
1963 | | - | Internal Revenue Code. In addition: |
---|
1964 | | - | (A) If a taxpayer has an excess business loss under this |
---|
1965 | | - | subdivision and also has modifications under subdivisions (3) |
---|
1966 | | - | and (5) for property placed in service during the taxable year, |
---|
1967 | | - | the taxpayer shall treat a portion of the taxable year |
---|
1968 | | - | modifications for that property as occurring in the taxable year |
---|
1969 | | - | the property is placed in service and a portion of the |
---|
1970 | | - | SEA 418(ts) 47 |
---|
1971 | | - | modifications as occurring in the immediately following |
---|
1972 | | - | taxable year. |
---|
1973 | | - | (B) The portion of the modifications under subdivisions (3) |
---|
1974 | | - | and (5) for property placed in service during the taxable year |
---|
1975 | | - | treated as occurring in the taxable year in which the property |
---|
1976 | | - | is placed in service equals: |
---|
1977 | | - | (i) the modification for the property otherwise determined |
---|
1978 | | - | under this section; minus |
---|
1979 | | - | (ii) the excess business loss disallowed under this |
---|
1980 | | - | subdivision; |
---|
1981 | | - | but not less than zero (0). |
---|
1982 | | - | (C) The portion of the modifications under subdivisions (3) |
---|
1983 | | - | and (5) for property placed in service during the taxable year |
---|
1984 | | - | treated as occurring in the taxable year immediately following |
---|
1985 | | - | the taxable year in which the property is placed in service |
---|
1986 | | - | equals the modification for the property otherwise determined |
---|
1987 | | - | under this section minus the amount in clause (B). |
---|
1988 | | - | (D) Any reallocation of modifications between taxable years |
---|
1989 | | - | under clauses (B) and (C) shall be first allocated to the |
---|
1990 | | - | modification under subdivision (3), then to the modification |
---|
1991 | | - | under subdivision (5). |
---|
1992 | | - | (15) For taxable years ending after March 12, 2020, subtract an |
---|
1993 | | - | amount equal to the deduction disallowed pursuant to: |
---|
1994 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
1995 | | - | as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
1996 | | - | and Disaster Relief Tax Act (Division EE of Public Law |
---|
1997 | | - | 116-260); and |
---|
1998 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
1999 | | - | (16) For taxable years beginning after December 31, 2022, |
---|
2000 | | - | subtract an amount equal to the deduction disallowed under |
---|
2001 | | - | Section 280C(h) of the Internal Revenue Code. |
---|
2002 | | - | (16) (17) Add or subtract any other amounts the taxpayer is: |
---|
2003 | | - | (A) required to add or subtract; or |
---|
2004 | | - | (B) entitled to deduct; |
---|
2005 | | - | under IC 6-3-2. |
---|
2006 | | - | (g) Subsections (a)(34), (b)(19), (d)(18), (e)(18), or (f)(16) (a)(35), |
---|
2007 | | - | (b)(20), (d)(19), (e)(19), or (f)(17) may not be construed to require an |
---|
2008 | | - | add back or allow a deduction or exemption more than once for a |
---|
2009 | | - | particular add back, deduction, or exemption. |
---|
2010 | | - | (h) For taxable years beginning after December 25, 2016, if: |
---|
2011 | | - | (1) a taxpayer is a shareholder, either directly or indirectly, in a |
---|
2012 | | - | corporation that is an E&P deficit foreign corporation as defined |
---|
2013 | | - | SEA 418(ts) 48 |
---|
2014 | | - | in Section 965(b)(3)(B) of the Internal Revenue Code, and the |
---|
2015 | | - | earnings and profit deficit, or a portion of the earnings and profit |
---|
2016 | | - | deficit, of the E&P deficit foreign corporation is permitted to |
---|
2017 | | - | reduce the federal adjusted gross income or federal taxable |
---|
2018 | | - | income of the taxpayer, the deficit, or the portion of the deficit, |
---|
2019 | | - | shall also reduce the amount taxable under this section to the |
---|
2020 | | - | extent permitted under the Internal Revenue Code, however, in no |
---|
2021 | | - | case shall this permit a reduction in the amount taxable under |
---|
2022 | | - | Section 965 of the Internal Revenue Code for purposes of this |
---|
2023 | | - | section to be less than zero (0); and |
---|
2024 | | - | (2) the Internal Revenue Service issues guidance that such an |
---|
2025 | | - | income or deduction is not reported directly on a federal tax |
---|
2026 | | - | return or is to be reported in a manner different than specified in |
---|
2027 | | - | this section, this section shall be construed as if federal adjusted |
---|
2028 | | - | gross income or federal taxable income included the income or |
---|
2029 | | - | deduction. |
---|
2030 | | - | (i) If a partner is required to include an item of income, a deduction, |
---|
2031 | | - | or another tax attribute in the partner's adjusted gross income tax return |
---|
2032 | | - | pursuant to IC 6-3-4.5, such item shall be considered to be includible |
---|
2033 | | - | in the partner's federal adjusted gross income or federal taxable |
---|
2034 | | - | income, regardless of whether such item is actually required to be |
---|
2035 | | - | reported by the partner for federal income tax purposes. For purposes |
---|
2036 | | - | of this subsection: |
---|
2037 | | - | (1) items for which a valid election is made under IC 6-3-4.5-6, |
---|
2038 | | - | IC 6-3-4.5-8, or IC 6-3-4.5-9 shall not be required to be included |
---|
2039 | | - | in the partner's adjusted gross income or taxable income; and |
---|
2040 | | - | (2) items for which the partnership did not make an election under |
---|
2041 | | - | IC 6-3-4.5-6, IC 6-3-4.5-8, or IC 6-3-4.5-9, but for which the |
---|
2042 | | - | partnership is required to remit tax pursuant to IC 6-3-4.5-18, |
---|
2043 | | - | shall be included in the partner's adjusted gross income or taxable |
---|
2044 | | - | income. |
---|
2045 | | - | SECTION 7. IC 6-3-4.5-1, AS AMENDED BY P.L.137-2022, |
---|
2046 | | - | SECTION 41, AND AS AMENDED BY P.L.138-2022, SECTION 6, |
---|
2047 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
2048 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 1. The following definitions apply |
---|
2049 | | - | throughout this chapter: |
---|
2050 | | - | (1) "Adjustment year" means the partnership taxable year |
---|
2051 | | - | described in Section 6225(d)(2) of the Internal Revenue Code. |
---|
2052 | | - | (2) "Administrative adjustment request" means an administrative |
---|
2053 | | - | adjustment request filed by a partnership under Section 6227 of |
---|
2054 | | - | the Internal Revenue Code. |
---|
2055 | | - | (3) "Affected year" means any taxable year for a taxpayer that is |
---|
2056 | | - | SEA 418(ts) 49 |
---|
2057 | | - | affected by an adjustment under this chapter, regardless of |
---|
2058 | | - | whether the partnership has received an adjustment for that |
---|
2059 | | - | taxable year. |
---|
2060 | | - | (4) "Audited partnership" means a partnership subject to a |
---|
2061 | | - | partnership level audit resulting in a federal adjustment. |
---|
2062 | | - | (5) "Corporate partner" means a partner that is subject to the state |
---|
2063 | | - | adjusted gross income tax under IC 6-3-2-1(b) IC 6-3-2-1(c) or |
---|
2064 | | - | the financial institutions tax under IC 6-5.5-2-1. In the case of a |
---|
2065 | | - | partner that is a corporation described in IC 6-3-2-2.8(2) that also |
---|
2066 | | - | is subject to tax under IC 6-3-2-1(b), IC 6-3-2-1(c), the |
---|
2067 | | - | corporation is a corporate partner only to the extent that its |
---|
2068 | | - | income is subject to tax under IC 6-3-2-1(b). IC 6-3-2-1(c). |
---|
2069 | | - | (6) "Direct partner" means a partner that holds an interest directly |
---|
2070 | | - | in a partnership or pass through entity. |
---|
2071 | | - | (7) "Exempt partner" means a partner that is exempt from the |
---|
2072 | | - | adjusted gross income tax under IC 6-3-2-2.8(1) or the financial |
---|
2073 | | - | institutions tax under IC 6-5.5-2-7(4), except to the extent of |
---|
2074 | | - | unrelated business taxable income. |
---|
2075 | | - | (8) "Federal adjustment" means a change to an item or amount |
---|
2076 | | - | determined under the Internal Revenue Code or a change to any |
---|
2077 | | - | other tax attribute that is used by a taxpayer to compute state |
---|
2078 | | - | adjusted gross income taxes or financial institutions tax owed, |
---|
2079 | | - | whether that change results from action by the Internal Revenue |
---|
2080 | | - | Service, including a partnership level audit, or the filing of an |
---|
2081 | | - | amended federal return, a federal refund claim, or an |
---|
2082 | | - | administrative adjustment request by the taxpayer. A federal |
---|
2083 | | - | adjustment is positive to the extent that it increases state adjusted |
---|
2084 | | - | gross income as determined under IC 6-3 or IC 6-5.5 and is |
---|
2085 | | - | negative to the extent that it decreases state adjusted gross income |
---|
2086 | | - | as determined under IC 6-3 or IC 6-5.5. |
---|
2087 | | - | (9) "Federal adjustment reports" includes methods or forms |
---|
2088 | | - | required by the department for use by a taxpayer to report final |
---|
2089 | | - | federal adjustments for purposes of this chapter, including an |
---|
2090 | | - | amended Indiana tax return, information return, or uniform |
---|
2091 | | - | multistate report. |
---|
2092 | | - | (10) "Federal partnership representative" means a person the |
---|
2093 | | - | partnership designates for the taxable year as the partnership's |
---|
2094 | | - | representative, or the person the Internal Revenue Service has |
---|
2095 | | - | appointed to act as the federal partnership representative, |
---|
2096 | | - | pursuant to Section 6223(a) of the Internal Revenue Code. |
---|
2097 | | - | (11) "Final determination date" means the following: |
---|
2098 | | - | (A) Except as provided in clause (B) or (C), if the federal |
---|
2099 | | - | SEA 418(ts) 50 |
---|
2100 | | - | adjustment arises from an Internal Revenue Service audit or |
---|
2101 | | - | other action by the Internal Revenue Service, the final |
---|
2102 | | - | determination date is the date on which the federal adjustment |
---|
2103 | | - | is a final determination under IC 6-3-4-6(d). |
---|
2104 | | - | (B) For federal adjustments arising from an Internal Revenue |
---|
2105 | | - | Service audit or other action by the Internal Revenue Service, |
---|
2106 | | - | if the taxpayer filed as a member of a consolidated tax return |
---|
2107 | | - | filed under IC 6-3-4-14, a combined return filed under |
---|
2108 | | - | IC 6-3-2-2 or IC 6-5.5-5-1, or a return combined by the |
---|
2109 | | - | department under IC 6-3-2-2(p), the final determination date |
---|
2110 | | - | means the first date on which no related federal adjustments |
---|
2111 | | - | arising from that audit remain to be finally determined, as |
---|
2112 | | - | described in clause (A), for the entire group. |
---|
2113 | | - | (C) If the federal adjustment results from filing an amended |
---|
2114 | | - | federal return, a federal refund claim, or an administrative |
---|
2115 | | - | adjustment request, the final determination date means the day |
---|
2116 | | - | on which the amended return, refund claim, administrative |
---|
2117 | | - | adjustment request, or other similar report was filed. |
---|
2118 | | - | (12) "Final federal adjustment" means a federal adjustment after |
---|
2119 | | - | the final determination date for that federal adjustment has |
---|
2120 | | - | passed. |
---|
2121 | | - | (13) "Indirect partner" means a partner in a partnership or pass |
---|
2122 | | - | through entity that itself holds an interest directly, or through |
---|
2123 | | - | another indirect partner, in a partnership or pass through entity. |
---|
2124 | | - | (14) "Internal Revenue Code" has the meaning set forth in |
---|
2125 | | - | IC 6-3-1-11. |
---|
2126 | | - | (15) "Nonresident partner" has the meaning provided in |
---|
2127 | | - | IC 6-3-4-12(n). |
---|
2128 | | - | (16) "Partner" means a person or entity that holds an interest |
---|
2129 | | - | directly or indirectly in a partnership or other pass through entity. |
---|
2130 | | - | (17) "Partner level adjustments report" means a report provided |
---|
2131 | | - | by a partnership to its partners as a result of a department action |
---|
2132 | | - | with regard to the partnership. A partner level adjustments report |
---|
2133 | | - | does not include an amended statement provided by a partnership |
---|
2134 | | - | or other entity as a result of an adjustment reported by the |
---|
2135 | | - | partnership. |
---|
2136 | | - | (18) "Partnership" has the meaning set forth in IC 6-3-1-19. |
---|
2137 | | - | (19) "Partnership level audit" means an examination by the |
---|
2138 | | - | Internal Revenue Service at the partnership level under Sections |
---|
2139 | | - | 6221 through 6241 of the Internal Revenue Code, as enacted by |
---|
2140 | | - | the Bipartisan Budget Act of 2015, Public Law 114-74, which |
---|
2141 | | - | results in federal adjustments. |
---|
2142 | | - | SEA 418(ts) 51 |
---|
2143 | | - | (20) "Partnership return" means a return required to be filed by a |
---|
2144 | | - | partnership pursuant to IC 6-3-4-10. In the case of a partnership |
---|
2145 | | - | that is required to withhold tax or file a composite return pursuant |
---|
2146 | | - | to IC 6-3-4-12 or IC 6-5.5-2-8, the term also includes the returns |
---|
2147 | | - | or schedules required for tax withholding or composite filing. |
---|
2148 | | - | (21) "Pass through entity" means an entity defined in IC 6-3-1-35, |
---|
2149 | | - | other than a partnership, that is not subject to tax under IC 6-3. |
---|
2150 | | - | (22) "Reallocation adjustment" means a federal adjustment |
---|
2151 | | - | resulting from a partnership level audit or an administrative |
---|
2152 | | - | adjustment request that changes the shares of one (1) or more |
---|
2153 | | - | items of partnership income, gain, loss, expense, or credit |
---|
2154 | | - | allocated to direct partners. A positive reallocation adjustment |
---|
2155 | | - | means the portion of a reallocation adjustment that would |
---|
2156 | | - | increase federal adjusted gross income or federal taxable income |
---|
2157 | | - | for one (1) or more direct partners, and a negative reallocation |
---|
2158 | | - | adjustment means the portion of a reallocation adjustment that |
---|
2159 | | - | would decrease federal adjusted gross income or federal taxable |
---|
2160 | | - | income for one (1) or more direct partners, according to Section |
---|
2161 | | - | 6225 of the Internal Revenue Code and the regulations under that |
---|
2162 | | - | section. |
---|
2163 | | - | (23) "Resident partner" means a partner that is not a nonresident |
---|
2164 | | - | partner. |
---|
2165 | | - | (24) "Review year" means the taxable year of a partnership that |
---|
2166 | | - | is subject to a partnership level audit, an administrative |
---|
2167 | | - | adjustment request, or an amended federal return that results in |
---|
2168 | | - | federal adjustments, regardless of whether any federal tax |
---|
2169 | | - | determined to be due is the responsibility of the partnership or |
---|
2170 | | - | partners. |
---|
2171 | | - | (25) "Statement" means a form or schedule prescribed by the |
---|
2172 | | - | department through which a partnership or pass through entity |
---|
2173 | | - | reports tax attributes to its owners or beneficiaries. |
---|
2174 | | - | (26) "Tax attribute" means any item of income, deduction, credit, |
---|
2175 | | - | receipts for apportionment, or other amount or status that |
---|
2176 | | - | determines a partner's liability under IC 6-3, IC 6-3.6, or IC 6-5.5. |
---|
2177 | | - | (27) "Taxable year" means, in the case of a partnership, the year |
---|
2178 | | - | or partial year for which a partnership files a return for state and |
---|
2179 | | - | federal purposes and, in the case of a partner, the taxable year in |
---|
2180 | | - | which the partner reports tax attributes from the partnership. |
---|
2181 | | - | (28) "Taxpayer" has the meaning set forth in IC 6-3-1-15 (in the |
---|
2182 | | - | case of the adjusted gross income tax) and IC 6-5.5-1-17 (in the |
---|
2183 | | - | case of the financial institutions tax) and, unless the context |
---|
2184 | | - | clearly indicates otherwise, includes a partnership subject to a |
---|
2185 | | - | SEA 418(ts) 52 |
---|
2186 | | - | partnership level audit or a partnership that has made an |
---|
2187 | | - | administrative adjustment request, as well as a tiered partner of |
---|
2188 | | - | that partnership. |
---|
2189 | | - | (29) "Tiered partner" means any partner that is a partnership or |
---|
2190 | | - | pass through entity. |
---|
2191 | | - | (30) "Unrelated business taxable income" has the meaning set |
---|
2192 | | - | forth in Section 512 of the Internal Revenue Code. |
---|
2193 | | - | SECTION 8. IC 6-3-4.5-9, AS AMENDED BY P.L.137-2022, |
---|
2194 | | - | SECTION 46, AND AS AMENDED BY P.L.138-2022, SECTION 7, |
---|
2195 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
2196 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Partnerships and partners |
---|
2197 | | - | shall report final federal adjustments arising from a partnership level |
---|
2198 | | - | audit or an administrative adjustment request and make payments as |
---|
2199 | | - | required under this section. |
---|
2200 | | - | (b) Final federal adjustments subject to the requirements of this |
---|
2201 | | - | section, except those subject to a properly made election under |
---|
2202 | | - | subsection (c), shall be reported as follows: |
---|
2203 | | - | (1) Not later than the applicable deadline, the partnership shall: |
---|
2204 | | - | (A) file an amended partnership return for the review year and |
---|
2205 | | - | any other taxable year affected by the final federal adjustments |
---|
2206 | | - | with the department as provided in section 8 of this chapter |
---|
2207 | | - | and provide any other information required by the department; |
---|
2208 | | - | (B) notify each of its direct partners of their distributive share |
---|
2209 | | - | of the final federal adjustments as provided in section 8 of this |
---|
2210 | | - | chapter for all affected taxable years for which the partnership |
---|
2211 | | - | filed an amended partnership return by an amended statement |
---|
2212 | | - | or a report in the form and manner prescribed by the |
---|
2213 | | - | department; and |
---|
2214 | | - | (C) file an amended composite return for direct partners and |
---|
2215 | | - | an amended withholding return for direct partners for the |
---|
2216 | | - | review year and any affected taxable years as otherwise |
---|
2217 | | - | required by IC 6-3-4-12 or IC 6-5.5-2-8 and pay any tax due |
---|
2218 | | - | for the taxable years. |
---|
2219 | | - | (2) Each direct partner that is subject to tax under IC 6-3, |
---|
2220 | | - | IC 6-3.6, or IC 6-5.5 shall, on or before the applicable deadline: |
---|
2221 | | - | (A) file an amended return as provided in section 8 of this |
---|
2222 | | - | chapter reporting their distributive share of the adjustments |
---|
2223 | | - | reported to them under subdivision (1)(B) for the taxable year |
---|
2224 | | - | in which affected taxable year attributes would be reported by |
---|
2225 | | - | the direct partner as provided in section 8 of this chapter; and |
---|
2226 | | - | (B) pay any additional amount of tax due as if final federal |
---|
2227 | | - | partnership adjustments had been properly reported, less any |
---|
2228 | | - | SEA 418(ts) 53 |
---|
2229 | | - | credit for related amounts paid or withheld and remitted on |
---|
2230 | | - | behalf of the direct partner. |
---|
2231 | | - | (3) Each tiered partner shall treat any final federal partnership |
---|
2232 | | - | adjustments under this section in a manner consistent with the |
---|
2233 | | - | treatment of tiered partners under section 8 of this chapter. |
---|
2234 | | - | (c) Except as provided in subsection (d), an audited partnership |
---|
2235 | | - | making an election under this subsection shall: |
---|
2236 | | - | (1) not later than the applicable deadline, file an amended |
---|
2237 | | - | partnership return for the review year and for any other affected |
---|
2238 | | - | taxable year elected by the audited partnership, including |
---|
2239 | | - | information as required by the department, and notify the |
---|
2240 | | - | department that it is making the election under this subsection; |
---|
2241 | | - | and |
---|
2242 | | - | (2) not later than ninety (90) days after the applicable deadline, |
---|
2243 | | - | pay an amount, determined as follows, in lieu of taxes owed by its |
---|
2244 | | - | direct or indirect partners: |
---|
2245 | | - | (A) Exclude from final federal adjustments the distributive |
---|
2246 | | - | share of these adjustments reported to a direct exempt partner |
---|
2247 | | - | that is not unrelated business income. |
---|
2248 | | - | (B) For the total distributive shares of the remaining final |
---|
2249 | | - | federal adjustments reported to direct corporate partners and |
---|
2250 | | - | to direct exempt partners, apportion and allocate such |
---|
2251 | | - | adjustments as provided under IC 6-3-2-2 or IC 6-3-2-2.2 (in |
---|
2252 | | - | the case of the adjusted gross income tax) or IC 6-5.5-4 (in the |
---|
2253 | | - | case of the financial institutions tax), and multiply the |
---|
2254 | | - | resulting amount by the tax rate for the taxable year under |
---|
2255 | | - | IC 6-3-2-1(b), IC 6-3-2-1(c), IC 6-3-2-1.5, or IC 6-5.5-2-1, as |
---|
2256 | | - | applicable. |
---|
2257 | | - | (C) For the total distributive shares of the remaining final |
---|
2258 | | - | federal adjustments reported to nonresident direct partners |
---|
2259 | | - | other than tiered partners or corporate partners, determine the |
---|
2260 | | - | amount of such adjustments which is Indiana source income |
---|
2261 | | - | under IC 6-3-2-2 or IC 6-3-2-2.2, and multiply the resulting |
---|
2262 | | - | amount by the tax rate under IC 6-3-2-1(a), IC 6-3-2-1(b), and |
---|
2263 | | - | if applicable IC 6-3.6. If a partnership is unable to determine |
---|
2264 | | - | whether a nonresident is subject to tax under IC 6-3.6, or to |
---|
2265 | | - | determine in what county the nonresident is subject to tax |
---|
2266 | | - | under IC 6-3.6, tax shall also be imposed at the highest rate for |
---|
2267 | | - | which a county imposes a tax under IC 6-3.6 for the taxable |
---|
2268 | | - | year. |
---|
2269 | | - | (D) For the total distributive shares of the remaining final |
---|
2270 | | - | federal adjustments reported to tiered partners: |
---|
2271 | | - | SEA 418(ts) 54 |
---|
2272 | | - | (i) determine the amount of any adjustment that is of a type |
---|
2273 | | - | that it would be subject to sourcing in Indiana under |
---|
2274 | | - | IC 6-3-2-2, IC 6-3-2-2.2, or IC 6-5.5-4, as applicable, and |
---|
2275 | | - | determine the portion of this amount that would be sourced |
---|
2276 | | - | to Indiana; |
---|
2277 | | - | (ii) determine the amount of any adjustment that is of a type |
---|
2278 | | - | that it would not be subject to sourcing to Indiana by a |
---|
2279 | | - | nonresident partner under IC 6-3-2-2, IC 6-3-2-2.2, or |
---|
2280 | | - | IC 6-5.5-4, as applicable; |
---|
2281 | | - | (iii) determine the portion of the amount determined under |
---|
2282 | | - | item (ii) that can be established, as prescribed by the |
---|
2283 | | - | department by rule under IC 4-22-2, to be properly allocable |
---|
2284 | | - | to nonresident indirect partners or other partners not subject |
---|
2285 | | - | to tax on the adjustments; and |
---|
2286 | | - | (iv) multiply the sum of the amounts determined in items (i) |
---|
2287 | | - | and (ii) reduced by the amount determined in item (iii) by |
---|
2288 | | - | the highest combined rate for the review taxable year under |
---|
2289 | | - | IC 6-3-2-1(a) IC 6-3-2-1(b) and IC 6-3.6 for any county, the |
---|
2290 | | - | rate under IC 6-3-2-1(b), IC 6-3-2-1(c), or the rate under |
---|
2291 | | - | 6-5.5-2-1 for the taxable year, whichever is highest. |
---|
2292 | | - | (E) For the total distributive shares of the remaining final |
---|
2293 | | - | federal adjustments reported to resident individual, estate, or |
---|
2294 | | - | trust direct partners, multiply that amount by the tax rate under |
---|
2295 | | - | IC 6-3-2-1(a) IC 6-3-2-1(b) and IC 6-3.6. If a partnership does |
---|
2296 | | - | not reasonably ascertain the county of residence for an |
---|
2297 | | - | individual direct partner, the rate under IC 6-3.6 for that |
---|
2298 | | - | partner shall be treated as the highest rate imposed in any |
---|
2299 | | - | county under IC 6-3.6 for the taxable year. |
---|
2300 | | - | (F) Add an amount equal to any credit reduction under |
---|
2301 | | - | IC 6-3-3, IC 6-3.1, and IC 6-5.5 attributable as a result of |
---|
2302 | | - | final federal adjustments. |
---|
2303 | | - | (F) (G) Add the amounts determined in clauses (B), (C), |
---|
2304 | | - | (D)(iv), and (E), and (F). For purposes of determining interest |
---|
2305 | | - | and penalties, the due date of payment shall be the due date of |
---|
2306 | | - | the partnership's return under IC 6-3-4-10 for the taxable year, |
---|
2307 | | - | determined without regard to any extensions. |
---|
2308 | | - | If a partnership has made an election under this chapter to report and |
---|
2309 | | - | remit all tax otherwise due at the partnership level for a taxable year, |
---|
2310 | | - | the partnership shall be considered to have made a timely election |
---|
2311 | | - | under this subsection with regard to any changes arising from an |
---|
2312 | | - | amended return under this section for that taxable year. |
---|
2313 | | - | (d) Final federal adjustments subject to an election under subsection |
---|
2314 | | - | SEA 418(ts) 55 |
---|
2315 | | - | (c) shall not include: |
---|
2316 | | - | (1) the distributive share of final federal adjustments that would |
---|
2317 | | - | constitute income derived from a partnership to any direct or |
---|
2318 | | - | indirect partner that is a corporation taxable under IC 6-3-2-1(b), |
---|
2319 | | - | IC 6-3-2-1(c), IC 6-3-2-1.5, or IC 6-5.5-2-1 and is considered |
---|
2320 | | - | unitary to the partnership; |
---|
2321 | | - | (2) any final federal adjustments resulting from an administrative |
---|
2322 | | - | adjustment request; or |
---|
2323 | | - | (3) any other circumstances that the department determines would |
---|
2324 | | - | result in avoidance or evasion of any tax otherwise due from one |
---|
2325 | | - | (1) or more partners under IC 6-3 or IC 6-5.5. |
---|
2326 | | - | (e) Notwithstanding IC 6-3-4-11, an audited partnership not |
---|
2327 | | - | otherwise subject to any reporting or payment obligations to Indiana |
---|
2328 | | - | that makes an election under subsection (c) consents to be subject to |
---|
2329 | | - | Indiana law related to reporting, assessment, payment, and collection |
---|
2330 | | - | of Indiana tax calculated under the election. |
---|
2331 | | - | SECTION 9. IC 6-3-4.5-18, AS AMENDED BY P.L.137-2022, |
---|
2332 | | - | SECTION 50, AND AS AMENDED BY P.L.138-2022, SECTION 8, |
---|
2333 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
2334 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) If a partnership or tiered |
---|
2335 | | - | partner is required to issue a report, issue an amended statement, or |
---|
2336 | | - | issue other information to a partner, owner, or beneficiary under this |
---|
2337 | | - | chapter, and does not issue such report, statement, or information |
---|
2338 | | - | within the period such issuance is required under this chapter, the |
---|
2339 | | - | partnership or tiered partner shall be liable for any tax that otherwise |
---|
2340 | | - | may be due from the partner, owner, or beneficiary, notwithstanding |
---|
2341 | | - | any other provision in IC 6-3 or IC 6-5.5. The tax rate under this |
---|
2342 | | - | section shall be computed at the highest rate for the taxable year under: |
---|
2343 | | - | (1) IC 6-3-2-1(a), IC 6-3-2-1(b), plus the highest rate imposed in |
---|
2344 | | - | any county under IC 6-3.6; |
---|
2345 | | - | (2) IC 6-3-2-1(b); IC 6-3-2-1(c); or |
---|
2346 | | - | (3) IC 6-5.5-2-1; |
---|
2347 | | - | unless the partnership or tiered partner can establish that a lower rate |
---|
2348 | | - | should apply, the partnership or tiered partner has made an election to |
---|
2349 | | - | be subject to tax under sections 6, 8, or 9 of this chapter, or to the |
---|
2350 | | - | extent the partnership, tiered partner, or the department can determine |
---|
2351 | | - | that the tax was otherwise properly reported and remitted. Such tax |
---|
2352 | | - | shall be considered to be due on the due date of the partnership's or |
---|
2353 | | - | tiered partner's return for the taxable year, determined without regard |
---|
2354 | | - | to extensions. |
---|
2355 | | - | (b) If a partnership or tiered partner issues the report, amended |
---|
2356 | | - | statement, or other information: |
---|
2357 | | - | SEA 418(ts) 56 |
---|
2358 | | - | (1) to an address that the partnership or tiered partner knows or |
---|
2359 | | - | reasonably should know is incorrect; or |
---|
2360 | | - | (2) if the report, amended statement, or other information not |
---|
2361 | | - | described in subdivision (1) is returned and the partnership or |
---|
2362 | | - | tiered partner: |
---|
2363 | | - | (A) fails to take reasonable steps to determine a proper address |
---|
2364 | | - | for reissuance within thirty (30) days after the report, amended |
---|
2365 | | - | statement, or other information is returned; or |
---|
2366 | | - | (B) takes such steps and fails to reissue the report, amended |
---|
2367 | | - | statement, or other information to a proper address within |
---|
2368 | | - | thirty (30) days after the report, amended statement, or other |
---|
2369 | | - | information is returned; |
---|
2370 | | - | such report, amended statement, or other information shall be |
---|
2371 | | - | considered to have not been issued for purposes of this section. |
---|
2372 | | - | (c) The department may issue a proposed assessment under this |
---|
2373 | | - | section not later than three (3) years after the department receives a |
---|
2374 | | - | return or amended return from the partnership or tiered partner for |
---|
2375 | | - | which the partnership or tiered partner fails to issue reports, amended |
---|
2376 | | - | statements, or other information, or from the date a partnership is |
---|
2377 | | - | required to issue partner level adjustments reports to its partners. |
---|
2378 | | - | (d) If: |
---|
2379 | | - | (1) a direct or indirect partner files and remits the tax otherwise |
---|
2380 | | - | due under this section, the assessment to the partnership or tiered |
---|
2381 | | - | partner under this section shall be reduced by the portion of the |
---|
2382 | | - | tax attributable to the direct or indirect partner; and |
---|
2383 | | - | (2) a partnership or tiered partner files and remits the tax under |
---|
2384 | | - | this section, such tax shall be treated as payment of tax to the |
---|
2385 | | - | direct or indirect partners. However, in no event shall the direct |
---|
2386 | | - | or indirect partners be permitted a refund of tax paid by a |
---|
2387 | | - | partnership or tiered partner under this section unless otherwise |
---|
2388 | | - | permitted under this chapter or IC 6-8.1-9-1. |
---|
2389 | | - | (e) Nothing in this section shall be construed to relieve a partnership |
---|
2390 | | - | or tiered partner from any duty to issue a report, amended statement, or |
---|
2391 | | - | other information otherwise required under this chapter or under any |
---|
2392 | | - | other provision of IC 6-3 or IC 6-5.5. If a partnership or tiered partner |
---|
2393 | | - | issues a report, amended statement, or other information provided |
---|
2394 | | - | under this chapter after the date otherwise required for issuance, the |
---|
2395 | | - | department may grant relief to any tiered partner, direct partner, or |
---|
2396 | | - | indirect partner affected by the late issuance, including extension of |
---|
2397 | | - | applicable deadlines. |
---|
2398 | | - | SECTION 10. IC 8-23-20-25.6, AS AMENDED BY P.L.97-2022, |
---|
2399 | | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2400 | | - | SEA 418(ts) 57 |
---|
2401 | | - | JULY 1, 2022]: Sec. 25.6. (a) As used in this section, "market area" |
---|
2402 | | - | means a point within the same county as the prior location of an |
---|
2403 | | - | outdoor advertising sign. |
---|
2404 | | - | (b) This section applies only to an outdoor advertising sign located |
---|
2405 | | - | along the interstate and primary system, as defined in 23 U.S.C. 131(t) |
---|
2406 | | - | on June 1, 1991, or any other highway where control of outdoor |
---|
2407 | | - | advertising signs is required under 23 U.S.C. 131. |
---|
2408 | | - | (c) If an outdoor advertising sign is no longer visible or becomes |
---|
2409 | | - | obstructed, or must be moved or removed, due to a noise abatement or |
---|
2410 | | - | safety measure, grade changes, construction, directional sign, highway |
---|
2411 | | - | widening, or aesthetic improvement made by any agency of the state |
---|
2412 | | - | along the interstate and primary system or any other highway, the |
---|
2413 | | - | owner or operator of the outdoor advertising sign, to the extent allowed |
---|
2414 | | - | by federal or state law, may: |
---|
2415 | | - | (1) elevate a conforming outdoor advertising sign; or |
---|
2416 | | - | (2) relocate a conforming or nonconforming outdoor advertising |
---|
2417 | | - | sign to a point within the market area, if the new location of the |
---|
2418 | | - | outdoor advertising sign complies with the applicable spacing |
---|
2419 | | - | requirements and is located in land zoned for commercial or |
---|
2420 | | - | industrial purposes or unzoned areas used for commercial or |
---|
2421 | | - | industrial purposes. |
---|
2422 | | - | (d) If within one (1) year of an action being filed under IC 32-24, an |
---|
2423 | | - | owner can demonstrate that the owner has made good faith efforts to |
---|
2424 | | - | relocate a conforming or nonconforming outdoor advertising sign to a |
---|
2425 | | - | conforming location within the market area, but the owner has not |
---|
2426 | | - | obtained a new conforming location, the outdoor advertising sign will |
---|
2427 | | - | be treated as if it cannot be relocated within the market area. |
---|
2428 | | - | Notwithstanding subsection (e) and IC 8-23-20.5, if an outdoor |
---|
2429 | | - | advertising sign cannot be elevated or relocated to a conforming |
---|
2430 | | - | location and elevation within the market area, the removal or relocation |
---|
2431 | | - | of the outdoor advertising sign constitutes a taking of a property |
---|
2432 | | - | interest and the owner must be compensated under section 27 of this |
---|
2433 | | - | chapter. Notwithstanding subsections (d) and (g), if a conforming |
---|
2434 | | - | outdoor advertising sign cannot be elevated or relocated within the |
---|
2435 | | - | market area, the removal or relocation of the conforming outdoor |
---|
2436 | | - | advertising sign constitutes a total taking of a real property interest, |
---|
2437 | | - | including the sign structure, and the owner must be compensated under |
---|
2438 | | - | section 27 of this chapter. |
---|
2439 | | - | (e) The county or municipality, under IC 36-7-4, may, if necessary, |
---|
2440 | | - | provide for the elevation or relocation by ordinance for a special |
---|
2441 | | - | exception to the zoning ordinance of the county or municipality. |
---|
2442 | | - | (f) The elevated outdoor advertising sign or outdoor advertising sign |
---|
2443 | | - | SEA 418(ts) 58 |
---|
2444 | | - | to be relocated, to the extent allowed by federal or state law, may be |
---|
2445 | | - | modified: |
---|
2446 | | - | (1) to elevate the sign to make the entire advertising content of the |
---|
2447 | | - | sign visible; |
---|
2448 | | - | (2) to an angle to make the entire advertising content of the sign |
---|
2449 | | - | visible; and |
---|
2450 | | - | (3) in size or material type, at the expense of: |
---|
2451 | | - | (A) the owner, if the modification in size or material type of |
---|
2452 | | - | the outdoor advertising sign is by choice of the owner; or |
---|
2453 | | - | (B) the department, if the modification in size or material type |
---|
2454 | | - | of the outdoor advertising sign is required for the outdoor |
---|
2455 | | - | advertising sign to comply with IC 22-13. |
---|
2456 | | - | (g) This section does not exempt an owner or operator of a sign from |
---|
2457 | | - | submitting to the department any application or fee required by law. |
---|
2458 | | - | (h) At least twelve (12) months before the filing of an eminent |
---|
2459 | | - | domain action to acquire an outdoor advertising sign under IC 32-24, |
---|
2460 | | - | the department must provide written notice to the representative of the |
---|
2461 | | - | sign owner identified on the outdoor advertising sign permit that is on |
---|
2462 | | - | file with the Indiana department of transportation that a project has |
---|
2463 | | - | been planned that may impact the outdoor advertising sign. |
---|
2464 | | - | (i) If the agency fails to provide notice required by subsection (h) |
---|
2465 | | - | within twelve (12) months of an action being filed against an owner |
---|
2466 | | - | under IC 32-24, the owner may receive reasonable compensation for |
---|
2467 | | - | losses associated with the failure to receive timely notice. However, |
---|
2468 | | - | failure to send notice required by subsection (h) is not a basis of an |
---|
2469 | | - | objection to a proceeding under IC 32-24-1-8. |
---|
2470 | | - | SECTION 11. IC 16-19-3-27.5, AS AMENDED BY P.L.143-2022, |
---|
2471 | | - | SECTION 27, AND AS AMENDED BY P.L.167-2022, SECTION 4, |
---|
2472 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
2473 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 27.5. (a) As used in this section, |
---|
2474 | | - | "technology new to Indiana" (referred to in this section as "TNI") |
---|
2475 | | - | means sewage treatment or disposal methods, processes, or equipment |
---|
2476 | | - | that are not described in the administrative rules of the state department |
---|
2477 | | - | or the executive board concerning residential onsite sewage systems |
---|
2478 | | - | (410 IAC 6-8.3) or commercial onsite sewage systems (410 |
---|
2479 | | - | IAC 6-10.1). |
---|
2480 | | - | (b) The state department shall establish and maintain a technical |
---|
2481 | | - | review panel consisting of individuals with technical or scientific |
---|
2482 | | - | knowledge relating to onsite sewage systems. The technical review |
---|
2483 | | - | panel shall: |
---|
2484 | | - | (1) decide under subsection (f) whether to approve: |
---|
2485 | | - | (A) proprietary residential wastewater treatment devices; and |
---|
2486 | | - | SEA 418(ts) 59 |
---|
2487 | | - | (B) proprietary commercial wastewater treatment devices; |
---|
2488 | | - | for general use in Indiana; |
---|
2489 | | - | (2) biannually review the performance of residential septic |
---|
2490 | | - | systems and commercial onsite sewage systems; |
---|
2491 | | - | (3) assist the state department in developing standards and |
---|
2492 | | - | guidelines for proprietary residential wastewater treatment |
---|
2493 | | - | devices and proprietary commercial wastewater treatment |
---|
2494 | | - | devices; and |
---|
2495 | | - | (4) assist the executive board and the state department in updating |
---|
2496 | | - | rules adopted under sections section 4 and 5 of this chapter |
---|
2497 | | - | concerning residential septic systems and commercial onsite |
---|
2498 | | - | sewage systems. |
---|
2499 | | - | (c) The technical review panel shall include the following: |
---|
2500 | | - | (1) A member of the staff of the state department, who shall serve |
---|
2501 | | - | as the chair. |
---|
2502 | | - | (2) A local health department environmental health specialist |
---|
2503 | | - | appointed by the governor. |
---|
2504 | | - | (3) An Indiana professional engineer registered under IC 25-31-1 |
---|
2505 | | - | representing the American Council of Engineering Companies. |
---|
2506 | | - | (4) A representative of the Indiana Builders Association. |
---|
2507 | | - | (5) An Indiana registered professional soil scientist (as defined in |
---|
2508 | | - | IC 25-31.5-1-6) representing the Indiana Registry of Soil |
---|
2509 | | - | Scientists. |
---|
2510 | | - | (6) A representative of an Indiana college or university with a |
---|
2511 | | - | specialty in engineering, soil science, environmental health, or |
---|
2512 | | - | biology appointed by the governor. |
---|
2513 | | - | (7) A representative of the Indiana Onsite Wastewater |
---|
2514 | | - | Professionals Association. |
---|
2515 | | - | (8) An Indiana onsite sewage system contractor appointed by the |
---|
2516 | | - | governor. |
---|
2517 | | - | (9) A representative of the Indiana State Building and |
---|
2518 | | - | Construction Trades Council. |
---|
2519 | | - | All members of the technical review panel are voting members. |
---|
2520 | | - | (d) In the case of a tie vote of the technical review panel, the |
---|
2521 | | - | technical review panel shall, not more than seven (7) days after the day |
---|
2522 | | - | of the tie vote: |
---|
2523 | | - | (1) contact the applicant by phone call and by mail; and |
---|
2524 | | - | (2) request more information or provide an explanation of how the |
---|
2525 | | - | applicant can modify the application to make it more complete. |
---|
2526 | | - | The technical review panel shall review any new information provided |
---|
2527 | | - | by the applicant and vote again on the application not more than thirty |
---|
2528 | | - | (30) days after receiving the information. |
---|
2529 | | - | SEA 418(ts) 60 |
---|
2530 | | - | (e) The technical review panel shall do the following: |
---|
2531 | | - | (1) Receive applications for the approval of TNI for general use |
---|
2532 | | - | in: |
---|
2533 | | - | (A) residential septic systems under sections 4 and 5 of this |
---|
2534 | | - | chapter, section 27 of this chapter and IC 16-41-25; and |
---|
2535 | | - | (B) commercial onsite sewage systems under sections 4 and 5 |
---|
2536 | | - | of this chapter, section 27 of this chapter and IC 16-19-3.5. |
---|
2537 | | - | (2) Meet at least four (4) times per year to review applications |
---|
2538 | | - | described in subdivision (1). |
---|
2539 | | - | (3) Notify each person who submits an application described in |
---|
2540 | | - | subdivision (1): |
---|
2541 | | - | (A) that the person's application has been received by the |
---|
2542 | | - | technical review panel; and |
---|
2543 | | - | (B) of whether the application is complete; |
---|
2544 | | - | not later than thirty (30) days after the technical review panel |
---|
2545 | | - | receives the application. |
---|
2546 | | - | (4) Inform each person who submits an application described in |
---|
2547 | | - | subdivision (1) of: |
---|
2548 | | - | (A) a tentative decision of the technical review panel; or |
---|
2549 | | - | (B) the technical review panel's final decision under |
---|
2550 | | - | subsection (f); |
---|
2551 | | - | concerning the application not more than ninety (90) days after |
---|
2552 | | - | the technical review panel notifies the person under subdivision |
---|
2553 | | - | (3) that the panel has received the person's application. |
---|
2554 | | - | (f) In response to each application described in subsection (e)(1), |
---|
2555 | | - | the technical review panel shall make, and inform the applicant of, one |
---|
2556 | | - | (1) of the following final decisions: |
---|
2557 | | - | (1) That the TNI to which the application relates is approved for |
---|
2558 | | - | general use in Indiana. |
---|
2559 | | - | (2) That the TNI to which the application relates is approved for |
---|
2560 | | - | use in Indiana with certain conditions, which may include: |
---|
2561 | | - | (A) a requirement that the TNI be used initially only in a pilot |
---|
2562 | | - | project; |
---|
2563 | | - | (B) restrictions on the number or type of installations of the |
---|
2564 | | - | TNI; |
---|
2565 | | - | (C) sampling and analysis requirements for TNI involving or |
---|
2566 | | - | comprising a secondary treatment system; |
---|
2567 | | - | (D) requirements relating to training concerning the TNI; |
---|
2568 | | - | (E) requirements concerning the operation and maintenance of |
---|
2569 | | - | the TNI; or |
---|
2570 | | - | (F) other requirements. |
---|
2571 | | - | (3) That the TNI to which the application relates is approved on |
---|
2572 | | - | SEA 418(ts) 61 |
---|
2573 | | - | a project-by-project basis. |
---|
2574 | | - | (4) That the TNI is not approved for use in Indiana, which must |
---|
2575 | | - | be accompanied by a statement of the reason for the decision. |
---|
2576 | | - | (g) If the technical review panel makes a decision under subsection |
---|
2577 | | - | (f)(4) that the TNI is not approved for use in Indiana, the applicant |
---|
2578 | | - | may: |
---|
2579 | | - | (1) submit a new application to the technical review panel under |
---|
2580 | | - | this section; or |
---|
2581 | | - | (2) file a petition for review of the technical review panel's |
---|
2582 | | - | decision under IC 4-21.5-3. |
---|
2583 | | - | (h) If the technical review panel fails to notify a person who submits |
---|
2584 | | - | an application of the technical review panel's tentative decision or final |
---|
2585 | | - | recommendation within ninety (90) days after receiving the application |
---|
2586 | | - | as required by subsection (e)(4), the person who submitted the |
---|
2587 | | - | application may use the TNI to which the application relates in a single |
---|
2588 | | - | residential septic system or commercial onsite sewage system, as if the |
---|
2589 | | - | TNI had been approved only for use in a pilot project. |
---|
2590 | | - | (i) The technical review panel shall decide that the TNI to which an |
---|
2591 | | - | application relates is approved for general use in Indiana if: |
---|
2592 | | - | (1) the TNI has been certified as meeting the NSF/ANSI 40 |
---|
2593 | | - | Standard; |
---|
2594 | | - | (2) a proposed Indiana design and installation manual for the TNI |
---|
2595 | | - | is submitted with the permit application; and |
---|
2596 | | - | (3) the technical review panel certifies that the proposed Indiana |
---|
2597 | | - | design and installation manual meets the vertical and horizontal |
---|
2598 | | - | separation, sizing, and soil loading criteria of the state |
---|
2599 | | - | department. |
---|
2600 | | - | (j) Subsection (k) applies if: |
---|
2601 | | - | (1) a particular TNI meets the requirements of NSF/ANSI 40, |
---|
2602 | | - | NSF/ANSI 245, or NSF/ANSI 350; |
---|
2603 | | - | (2) the proposed Indiana design and installation manual for the |
---|
2604 | | - | TNI meets the vertical and horizontal separation, sizing, and soil |
---|
2605 | | - | loading criteria of the state department; and |
---|
2606 | | - | (3) an Indiana professional engineer registered under IC 25-31-1 |
---|
2607 | | - | prepares site specific plans for the use of the TNI for a residential |
---|
2608 | | - | or commercial application. |
---|
2609 | | - | (k) In a case described in subsection (j): |
---|
2610 | | - | (1) if the TNI is to be used in a residential application, the site |
---|
2611 | | - | specific plans prepared under subsection (j)(3), after being |
---|
2612 | | - | submitted to the local health department of the county, city, or |
---|
2613 | | - | multiple county unit in which the TNI would be installed, may be |
---|
2614 | | - | approved by the local health department within the period set |
---|
2615 | | - | SEA 418(ts) 62 |
---|
2616 | | - | forth in IC 16-41-25-1(a); and |
---|
2617 | | - | (2) if the TNI is to be used in a commercial application, the site |
---|
2618 | | - | specific plans prepared under subsection (j)(3) shall be approved |
---|
2619 | | - | by the state department upon submission of the site specific plans. |
---|
2620 | | - | (l) A local health department may not refuse an application for a |
---|
2621 | | - | permit for the construction or installation of a residential onsite |
---|
2622 | | - | sewage system (as defined in IC 16-41-25-0.4) solely because the |
---|
2623 | | - | residential onsite sewage system has not been used previously in the |
---|
2624 | | - | jurisdiction of the local health department or is unfamiliar to the local |
---|
2625 | | - | health department, if either of the following apply: |
---|
2626 | | - | (1) The residential onsite sewage system has been approved by |
---|
2627 | | - | the technical review panel under this section for general use in |
---|
2628 | | - | Indiana. |
---|
2629 | | - | (2) The residential onsite sewage system: |
---|
2630 | | - | (A) is based on one (1) or more sewage treatment or disposal |
---|
2631 | | - | methods or processes; or |
---|
2632 | | - | (B) incorporates equipment; |
---|
2633 | | - | approved by the technical review panel under this section for |
---|
2634 | | - | general use in Indiana. |
---|
2635 | | - | SECTION 12. IC 16-41-25-1, AS AMENDED BY P.L.104-2022, |
---|
2636 | | - | SECTION 119, AND AS AMENDED BY P.L.167-2022, SECTION 7, |
---|
2637 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
2638 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The state department shall |
---|
2639 | | - | adopt rules under IC 4-22-2 that provide for a reasonable period not |
---|
2640 | | - | exceeding thirty (30) days in which a plan review and permit for a |
---|
2641 | | - | residential septic systems onsite sewage system must be approved or |
---|
2642 | | - | disapproved. |
---|
2643 | | - | (b) This subsection applies to a county with a population of more |
---|
2644 | | - | than eighty thousand (80,000) and less than eighty thousand four |
---|
2645 | | - | hundred (80,400). As used in this subsection, "fill soil" means soil |
---|
2646 | | - | transported and deposited by humans or soil recently transported and |
---|
2647 | | - | deposited by natural erosion forces. A rule that the state department |
---|
2648 | | - | adopts concerning the installation of residential septic onsite sewage |
---|
2649 | | - | systems in fill soil may not prohibit the installation of a residential |
---|
2650 | | - | septic onsite sewage system in fill soil on a plat if: |
---|
2651 | | - | (1) before the effective date of the rule, the plat of the affected lot |
---|
2652 | | - | was recorded; |
---|
2653 | | - | (2) there is not an available sewer line within seven hundred fifty |
---|
2654 | | - | (750) feet of the property line of the affected lot; and |
---|
2655 | | - | (3) the local health department determines that the soil, although |
---|
2656 | | - | fill soil, is suitable for the installation of a residential septic onsite |
---|
2657 | | - | sewage system. |
---|
2658 | | - | SEA 418(ts) 63 |
---|
2659 | | - | SECTION 13. IC 20-28-9-1.5, AS AMENDED BY P.L.134-2022, |
---|
2660 | | - | SECTION 2, AND AS AMENDED BY P.L.168-2022, SECTION 15, |
---|
2661 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
2662 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 1.5. (a) This subsection governs |
---|
2663 | | - | salary increases for a teacher employed by a school corporation. |
---|
2664 | | - | Compensation attributable to additional degrees or graduate credits |
---|
2665 | | - | earned before the effective date of a local compensation plan created |
---|
2666 | | - | under this chapter before July 1, 2015, shall continue for school years |
---|
2667 | | - | beginning after June 30, 2015. Compensation attributable to additional |
---|
2668 | | - | degrees for which a teacher has started course work before July 1, |
---|
2669 | | - | 2011, and completed course work before September 2, 2014, shall also |
---|
2670 | | - | continue for school years beginning after June 30, 2015. For school |
---|
2671 | | - | years beginning after June 30, 2015, 2022, a school corporation may |
---|
2672 | | - | provide a supplemental payment to a teacher in excess of the salary |
---|
2673 | | - | specified in the school corporation's compensation plan. under any of |
---|
2674 | | - | the following circumstances: |
---|
2675 | | - | (1) The teacher: |
---|
2676 | | - | (A) teaches an advanced placement course or a Cambridge |
---|
2677 | | - | International course; or |
---|
2678 | | - | (B) has earned a master's degree from an accredited |
---|
2679 | | - | postsecondary educational institution in a content area |
---|
2680 | | - | directly related to the subject matter of: |
---|
2681 | | - | (i) a dual credit course; or |
---|
2682 | | - | (ii) another course; |
---|
2683 | | - | taught by the teacher. |
---|
2684 | | - | (2) Beginning after June 30, 2018, the teacher: |
---|
2685 | | - | (A) is a special education professional; or |
---|
2686 | | - | (B) teaches in the areas of science, technology, engineering, |
---|
2687 | | - | or mathematics. |
---|
2688 | | - | (3) Beginning after June 30, 2019, the teacher teaches a career |
---|
2689 | | - | or technical education course. |
---|
2690 | | - | In addition, a supplemental payment may be made to an elementary |
---|
2691 | | - | school teacher who earns a master's degree in math, reading, or |
---|
2692 | | - | literacy. A supplement provided under this subsection is not subject to |
---|
2693 | | - | collective bargaining but a discussion of the supplement must be held. |
---|
2694 | | - | Such a supplement is in addition to any increase permitted under |
---|
2695 | | - | subsection (b). |
---|
2696 | | - | (b) Increases or increments in a local salary range must be based |
---|
2697 | | - | upon a combination of the following factors: |
---|
2698 | | - | (1) A combination of the following factors taken together may |
---|
2699 | | - | account for not more than fifty percent (50%) of the calculation |
---|
2700 | | - | used to determine a teacher's increase or increment: |
---|
2701 | | - | SEA 418(ts) 64 |
---|
2702 | | - | (A) The number of years of a teacher's experience. |
---|
2703 | | - | (B) The possession of either: |
---|
2704 | | - | (i) additional content area degrees beyond the requirements |
---|
2705 | | - | for employment; or |
---|
2706 | | - | (ii) additional content area degrees and credit hours beyond |
---|
2707 | | - | the requirements for employment, if required under an |
---|
2708 | | - | agreement bargained under IC 20-29. |
---|
2709 | | - | (2) The results of an evaluation conducted under IC 20-28-11.5. |
---|
2710 | | - | (3) The assignment of instructional leadership roles, including the |
---|
2711 | | - | responsibility for conducting evaluations under IC 20-28-11.5. |
---|
2712 | | - | (4) The academic needs of students in the school corporation. |
---|
2713 | | - | (c) To provide greater flexibility and options, a school corporation |
---|
2714 | | - | may differentiate the amount of salary increases or increments |
---|
2715 | | - | determined for teachers. A school corporation shall base a |
---|
2716 | | - | differentiated amount under this subsection on reasons the school |
---|
2717 | | - | corporation determines are appropriate, which may include the: |
---|
2718 | | - | (1) subject or subjects including the subjects described in |
---|
2719 | | - | subsection (a)(2), taught by a given teacher; |
---|
2720 | | - | (2) importance of retaining a given teacher at the school |
---|
2721 | | - | corporation; and |
---|
2722 | | - | (3) need to attract an individual with specific qualifications to fill |
---|
2723 | | - | a teaching vacancy; and |
---|
2724 | | - | (4) offering of a new program or class. |
---|
2725 | | - | (d) A school corporation may provide differentiated increases or |
---|
2726 | | - | increments under subsection (b), and in excess of the percentage |
---|
2727 | | - | specified in subsection (b)(1), in order to: |
---|
2728 | | - | (1) reduce the gap between the school corporation's minimum |
---|
2729 | | - | teacher salary and the average of the school corporation's |
---|
2730 | | - | minimum and maximum teacher salaries; or |
---|
2731 | | - | (2) allow teachers currently employed by the school corporation |
---|
2732 | | - | to receive a salary adjusted in comparison to starting base salaries |
---|
2733 | | - | of new teachers. |
---|
2734 | | - | (e) Except as provided in subsection (f), a teacher rated ineffective |
---|
2735 | | - | or improvement necessary under IC 20-28-11.5 may not receive any |
---|
2736 | | - | raise or increment for the following year if the teacher's employment |
---|
2737 | | - | contract is continued. The amount that would otherwise have been |
---|
2738 | | - | allocated for the salary increase of teachers rated ineffective or |
---|
2739 | | - | improvement necessary shall be allocated for compensation of all |
---|
2740 | | - | teachers rated effective and highly effective based on the criteria in |
---|
2741 | | - | subsection (b). |
---|
2742 | | - | (f) Subsection (e) does not apply to a teacher in the first two (2) full |
---|
2743 | | - | school years that the teacher provides instruction to students in |
---|
2744 | | - | SEA 418(ts) 65 |
---|
2745 | | - | elementary school or high school. If a teacher provides instruction to |
---|
2746 | | - | students in elementary school or high school in another state, any full |
---|
2747 | | - | school year, or its equivalent in the other state, that the teacher provides |
---|
2748 | | - | instruction counts toward the two (2) full school years under this |
---|
2749 | | - | subsection. |
---|
2750 | | - | (g) A teacher who does not receive a raise or increment under |
---|
2751 | | - | subsection (e) may file a request with the superintendent or |
---|
2752 | | - | superintendent's designee not later than five (5) days after receiving |
---|
2753 | | - | notice that the teacher received a rating of ineffective. The teacher is |
---|
2754 | | - | entitled to a private conference with the superintendent or |
---|
2755 | | - | superintendent's designee. |
---|
2756 | | - | (h) The Indiana education employment relations board established |
---|
2757 | | - | in IC 20-29-3-1 shall publish a model compensation plan with a model |
---|
2758 | | - | salary range that a school corporation may adopt. |
---|
2759 | | - | (i) Each school corporation shall submit its local compensation plan |
---|
2760 | | - | to the Indiana education employment relations board. For a school year |
---|
2761 | | - | beginning after June 30, 2015, a local compensation plan must specify |
---|
2762 | | - | the range for teacher salaries. The Indiana education employment |
---|
2763 | | - | relations board shall publish the local compensation plans on the |
---|
2764 | | - | Indiana education employment relations board's Internet web site. |
---|
2765 | | - | (j) The Indiana education employment relations board shall review |
---|
2766 | | - | a compensation plan for compliance with this section as part of its |
---|
2767 | | - | review under IC 20-29-6-6.1. The Indiana education employment |
---|
2768 | | - | relations board has jurisdiction to determine compliance of a |
---|
2769 | | - | compensation plan submitted under this section. |
---|
2770 | | - | (k) This chapter may not be construed to require or allow a school |
---|
2771 | | - | corporation to decrease the salary of any teacher below the salary the |
---|
2772 | | - | teacher was earning on or before July 1, 2015, if that decrease would |
---|
2773 | | - | be made solely to conform to the new compensation plan. |
---|
2774 | | - | (l) After June 30, 2011, all rights, duties, or obligations established |
---|
2775 | | - | under IC 20-28-9-1 before its repeal are considered rights, duties, or |
---|
2776 | | - | obligations under this section. |
---|
2777 | | - | (m) An employment agreement described in IC 20-28-6-7.3 between |
---|
2778 | | - | an adjunct teacher and a school corporation is not subject to this |
---|
2779 | | - | section. |
---|
2780 | | - | SECTION 14. IC 20-30-2-4, AS AMENDED BY P.L.130-2022, |
---|
2781 | | - | SECTION 3, AND AS AMENDED BY P.L.139-2022, SECTION 14, |
---|
2782 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
2783 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Subject to subsection (b), (c), |
---|
2784 | | - | if a school corporation fails to conduct the minimum number of student |
---|
2785 | | - | instructional days during a school year as required under section 3 of |
---|
2786 | | - | this chapter, the department shall reduce the August tuition support |
---|
2787 | | - | SEA 418(ts) 66 |
---|
2788 | | - | distribution to that school corporation for a school year by an amount |
---|
2789 | | - | determined as follows: |
---|
2790 | | - | STEP ONE: Determine the remainder of: |
---|
2791 | | - | (A) the amount of the total tuition support allocated to the |
---|
2792 | | - | school corporation for the particular school year; minus |
---|
2793 | | - | (B) that part of the total tuition support allocated to the school |
---|
2794 | | - | corporation for that school year with respect to student |
---|
2795 | | - | instructional days one hundred seventy-six (176) through one |
---|
2796 | | - | hundred eighty (180). |
---|
2797 | | - | STEP TWO: Subtract the number of student instructional days |
---|
2798 | | - | that the school corporation conducted from one hundred eighty |
---|
2799 | | - | (180). |
---|
2800 | | - | STEP THREE: Determine the lesser of five (5) or the remainder |
---|
2801 | | - | determined under STEP TWO. |
---|
2802 | | - | STEP FOUR: Divide the amount subtracted under STEP ONE (B) |
---|
2803 | | - | by five (5). |
---|
2804 | | - | STEP FIVE: Multiply the quotient determined under STEP FOUR |
---|
2805 | | - | by the number determined under STEP THREE. |
---|
2806 | | - | STEP SIX: Subtract the number determined under STEP THREE |
---|
2807 | | - | from the remainder determined under STEP TWO. |
---|
2808 | | - | STEP SEVEN: Divide the remainder determined under STEP |
---|
2809 | | - | ONE by one hundred seventy-five (175). |
---|
2810 | | - | STEP EIGHT: Multiply the quotient determined under STEP |
---|
2811 | | - | SEVEN by the remainder determined under STEP SIX. |
---|
2812 | | - | STEP NINE: Add the product determined under STEP FIVE to |
---|
2813 | | - | the product determined under STEP EIGHT. |
---|
2814 | | - | (b) If the total amount of state tuition support that a school |
---|
2815 | | - | corporation receives or will receive during a school year decreases |
---|
2816 | | - | under this section by an amount that is equal to or more than two |
---|
2817 | | - | hundred fifty thousand dollars ($250,000) from the amount the school |
---|
2818 | | - | corporation would otherwise be eligible to receive during the school |
---|
2819 | | - | year as determined under IC 20-43, the budget committee shall review |
---|
2820 | | - | the amount of and the reason for the decrease before implementation |
---|
2821 | | - | of the decrease. |
---|
2822 | | - | (b) (c) If fewer than all of the schools in a school corporation fail |
---|
2823 | | - | to conduct the minimum number of student instructional days during |
---|
2824 | | - | a school year as required under section 3 of this chapter, the reduction |
---|
2825 | | - | in August tuition support required by this section shall take into |
---|
2826 | | - | account only the schools in the school corporation that failed to |
---|
2827 | | - | conduct the minimum number of student instructional days and only |
---|
2828 | | - | the grades for which the required number of student instructional days |
---|
2829 | | - | was not conducted. |
---|
2830 | | - | SEA 418(ts) 67 |
---|
2831 | | - | SECTION 15. IC 25-22.5-1-1.1, AS AMENDED BY P.L.128-2022, |
---|
2832 | | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2833 | | - | JULY 1, 2022]: Sec. 1.1. As used in this article: |
---|
2834 | | - | (a) "Practice of medicine or osteopathic medicine" means any one |
---|
2835 | | - | (1) or a combination of the following: |
---|
2836 | | - | (1) Holding oneself out to the public as being engaged in: |
---|
2837 | | - | (A) the diagnosis, treatment, correction, or prevention of any |
---|
2838 | | - | disease, ailment, defect, injury, infirmity, deformity, pain, or |
---|
2839 | | - | other condition of human beings; |
---|
2840 | | - | (B) the suggestion, recommendation, or prescription or |
---|
2841 | | - | administration of any form of treatment, without limitation; |
---|
2842 | | - | (C) the performing of any kind of surgical operation upon a |
---|
2843 | | - | human being, including tattooing (except for providing a tattoo |
---|
2844 | | - | as defined in IC 35-45-21-4(a)), in which human tissue is cut, |
---|
2845 | | - | burned, or vaporized by the use of any mechanical means, |
---|
2846 | | - | laser, or ionizing radiation, or the penetration of the skin or |
---|
2847 | | - | body orifice by any means, for the intended palliation, relief, |
---|
2848 | | - | or cure; or |
---|
2849 | | - | (D) the prevention of any physical, mental, or functional |
---|
2850 | | - | ailment or defect of any person. |
---|
2851 | | - | (2) The maintenance of an office or a place of business for the |
---|
2852 | | - | reception, examination, or treatment of persons suffering from |
---|
2853 | | - | disease, ailment, defect, injury, infirmity, deformity, pain, or other |
---|
2854 | | - | conditions of body or mind. |
---|
2855 | | - | (3) Attaching to a name, either alone or in connection with other |
---|
2856 | | - | words, the designation or term: |
---|
2857 | | - | (A) "doctor of medicine"; |
---|
2858 | | - | (B) "M.D."; |
---|
2859 | | - | (C) "doctor of osteopathy"; |
---|
2860 | | - | (D) "D.O."; |
---|
2861 | | - | (E) "physician"; |
---|
2862 | | - | (F) "osteopath"; |
---|
2863 | | - | (G) "osteopathic medical physician"; |
---|
2864 | | - | (H) "surgeon"; |
---|
2865 | | - | (I) "physician and surgeon"; |
---|
2866 | | - | (J) "anesthesiologist"; |
---|
2867 | | - | (K) "cardiologist"; |
---|
2868 | | - | (L) "dermatologist"; |
---|
2869 | | - | (M) "endocrinologist"; |
---|
2870 | | - | (N) "gastroenterologist"; |
---|
2871 | | - | (O) "gynecologist"; |
---|
2872 | | - | (P) "hematologist"; |
---|
2873 | | - | SEA 418(ts) 68 |
---|
2874 | | - | (Q) "internist"; |
---|
2875 | | - | (R) "laryngologist"; |
---|
2876 | | - | (S) "nephrologist"; |
---|
2877 | | - | (T) "neurologist"; |
---|
2878 | | - | (U) "obstetrician"; |
---|
2879 | | - | (V) "oncologist"; |
---|
2880 | | - | (W) "ophthalmologist"; |
---|
2881 | | - | (X) "orthopedic surgeon"; |
---|
2882 | | - | (Y) "orthopedist"; |
---|
2883 | | - | (Z) "otologist"; |
---|
2884 | | - | (AA) "otolaryngologist"; |
---|
2885 | | - | (BB) "otorhinolaryngologist"; |
---|
2886 | | - | (CC) "pathologist"; |
---|
2887 | | - | (DD) "pediatrician"; |
---|
2888 | | - | (EE) "primary care physician"; |
---|
2889 | | - | (FF) "proctologist"; |
---|
2890 | | - | (GG) "psychiatrist"; |
---|
2891 | | - | (HH) "radiologist"; |
---|
2892 | | - | (II) "rheumatologist"; |
---|
2893 | | - | (JJ) "rhinologist"; |
---|
2894 | | - | (KK) "urologist"; |
---|
2895 | | - | (LL) "medical doctor"; |
---|
2896 | | - | (MM) "family practice physician"; or |
---|
2897 | | - | (NN) "physiatrist". |
---|
2898 | | - | This subdivision does not apply to a practitioner if the practitioner |
---|
2899 | | - | has a special area of practice and the practitioner uses the |
---|
2900 | | - | following format: "[The name or title of the practitioner's |
---|
2901 | | - | profession] specializing in [name of specialty]". |
---|
2902 | | - | (4) Nothing in subdivision (3) prevents the following: |
---|
2903 | | - | (A) A practitioner from using the name or title of the |
---|
2904 | | - | practitioner's profession that is allowed under the practitioner's |
---|
2905 | | - | practice act or under a law in the Indiana Code. |
---|
2906 | | - | (B) A practitioner who is a chiropractor (as defined in |
---|
2907 | | - | IC 25-10-1-1) and who has attained diplomate status in a |
---|
2908 | | - | chiropractic specialty area recognized by the American |
---|
2909 | | - | Chiropractic Association, International Chiropractic |
---|
2910 | | - | Chiropractors Association, or International Academy of |
---|
2911 | | - | Clinical Neurology before July 1, 2025, from using a |
---|
2912 | | - | designation or term included in subdivision (3) in conjunction |
---|
2913 | | - | with the name or title of the practitioner's profession. |
---|
2914 | | - | (C) A practitioner who is a dentist licensed under IC 25-14-1 |
---|
2915 | | - | and who has completed a dental anesthesiology residency |
---|
2916 | | - | SEA 418(ts) 69 |
---|
2917 | | - | recognized by the American Dental Board of Anesthesiology |
---|
2918 | | - | before July 1, 2025, from using a designation or term included |
---|
2919 | | - | in subdivision (3) in conjunction with the name or title of the |
---|
2920 | | - | practitioner's profession. |
---|
2921 | | - | (5) Providing diagnostic or treatment services to a person in |
---|
2922 | | - | Indiana when the diagnostic or treatment services: |
---|
2923 | | - | (A) are transmitted through electronic communications; and |
---|
2924 | | - | (B) are on a regular, routine, and nonepisodic basis or under |
---|
2925 | | - | an oral or written agreement to regularly provide medical |
---|
2926 | | - | services. |
---|
2927 | | - | In addition to the exceptions described in section 2 of this chapter, |
---|
2928 | | - | a nonresident physician who is located outside Indiana does not |
---|
2929 | | - | practice medicine or osteopathy in Indiana by providing a second |
---|
2930 | | - | opinion to a licensee or diagnostic or treatment services to a |
---|
2931 | | - | patient in Indiana following medical care originally provided to |
---|
2932 | | - | the patient while outside Indiana. |
---|
2933 | | - | (b) "Board" refers to the medical licensing board of Indiana. |
---|
2934 | | - | (c) "Diagnose or diagnosis" means to examine a patient, parts of a |
---|
2935 | | - | patient's body, substances taken or removed from a patient's body, or |
---|
2936 | | - | materials produced by a patient's body to determine the source or |
---|
2937 | | - | nature of a disease or other physical or mental condition, or to hold |
---|
2938 | | - | oneself out or represent that a person is a physician and is so examining |
---|
2939 | | - | a patient. It is not necessary that the examination be made in the |
---|
2940 | | - | presence of the patient; it may be made on information supplied either |
---|
2941 | | - | directly or indirectly by the patient. |
---|
2942 | | - | (d) "Drug or medicine" means any medicine, compound, or |
---|
2943 | | - | chemical or biological preparation intended for internal or external use |
---|
2944 | | - | of humans, and all substances intended to be used for the diagnosis, |
---|
2945 | | - | cure, mitigation, or prevention of diseases or abnormalities of humans, |
---|
2946 | | - | which are recognized in the latest editions published of the United |
---|
2947 | | - | States Pharmacopoeia or National Formulary, or otherwise established |
---|
2948 | | - | as a drug or medicine. |
---|
2949 | | - | (e) "Licensee" means any individual holding a valid unlimited |
---|
2950 | | - | license issued by the board under this article. |
---|
2951 | | - | (f) "Prescribe or prescription" means to direct, order, or designate |
---|
2952 | | - | the use of or manner of using a drug, medicine, or treatment, by spoken |
---|
2953 | | - | or written words or other means and in accordance with IC 25-1-9.3. |
---|
2954 | | - | (g) "Physician" means any person who holds the degree of doctor of |
---|
2955 | | - | medicine or doctor of osteopathy or its equivalent and who holds a |
---|
2956 | | - | valid unlimited license to practice medicine or osteopathic medicine in |
---|
2957 | | - | Indiana. |
---|
2958 | | - | (h) "Medical school" means a nationally accredited college of |
---|
2959 | | - | SEA 418(ts) 70 |
---|
2960 | | - | medicine or of osteopathic medicine approved by the board. |
---|
2961 | | - | (i) "Physician assistant" means an individual who: |
---|
2962 | | - | (1) has a collaborative agreement with a physician; |
---|
2963 | | - | (2) graduated from an approved physician assistant program |
---|
2964 | | - | described in IC 25-27.5-2-2; |
---|
2965 | | - | (3) passed the examination administered by the National |
---|
2966 | | - | Commission on Certification of Physician Assistants (NCCPA) |
---|
2967 | | - | and maintains certification; and |
---|
2968 | | - | (4) has been licensed by the physician assistant committee under |
---|
2969 | | - | IC 25-27.5. |
---|
2970 | | - | (j) "Agency" refers to the Indiana professional licensing agency |
---|
2971 | | - | under IC 25-1-5. |
---|
2972 | | - | (k) "INSPECT program" means the Indiana scheduled prescription |
---|
2973 | | - | electronic collection and tracking program established by IC 25-1-13-4. |
---|
2974 | | - | SECTION 16. IC 32-22-3-4, AS ADDED BY P.L.156-2022, |
---|
2975 | | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2976 | | - | JULY 1, 2022]: Sec. 4. (a) Except as provided in section 0.5 of this |
---|
2977 | | - | chapter, after June 30, 2022, a foreign business entity may not acquire |
---|
2978 | | - | by grant, purchase, devise, descent, or otherwise any agricultural land |
---|
2979 | | - | located within Indiana for the purposes of crop farming or timber |
---|
2980 | | - | production. |
---|
2981 | | - | (b) Except as provided in section 0.5 of this chapter, a foreign |
---|
2982 | | - | business entity that acquired agricultural land located within Indiana |
---|
2983 | | - | for the purposes of crop farming or timber production before July 1, |
---|
2984 | | - | 2022, may not grant, sell, or otherwise transfer the agricultural land to |
---|
2985 | | - | any other foreign business entity for the purposes of crop farming or |
---|
2986 | | - | timber production after June 30, 2022. |
---|
2987 | | - | SECTION 17. IC 33-24-6-3, AS AMENDED BY P.L.105-2022, |
---|
2988 | | - | SECTION 43, AND AS AMENDED BY P.L.147-2022, SECTION 4, |
---|
2989 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
2990 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The office of judicial |
---|
2991 | | - | administration shall do the following: |
---|
2992 | | - | (1) Examine the administrative and business methods and systems |
---|
2993 | | - | employed in the offices of the clerks of court and other offices |
---|
2994 | | - | related to and serving the courts and make recommendations for |
---|
2995 | | - | necessary improvement. |
---|
2996 | | - | (2) Collect and compile statistical data and other information on |
---|
2997 | | - | the judicial work of the courts in Indiana. All justices of the |
---|
2998 | | - | supreme court, judges of the court of appeals, judges of all trial |
---|
2999 | | - | courts, and any city or town courts, whether having general or |
---|
3000 | | - | special jurisdiction, court clerks, court reporters, and other |
---|
3001 | | - | officers and employees of the courts shall, upon notice by the |
---|
3002 | | - | SEA 418(ts) 71 |
---|
3003 | | - | chief administrative officer and in compliance with procedures |
---|
3004 | | - | prescribed by the chief administrative officer, furnish the chief |
---|
3005 | | - | administrative officer the information as is requested concerning |
---|
3006 | | - | the nature and volume of judicial business. The information must |
---|
3007 | | - | include the following: |
---|
3008 | | - | (A) The volume, condition, and type of business conducted by |
---|
3009 | | - | the courts. |
---|
3010 | | - | (B) The methods of procedure in the courts. |
---|
3011 | | - | (C) The work accomplished by the courts. |
---|
3012 | | - | (D) The receipt and expenditure of public money by and for |
---|
3013 | | - | the operation of the courts. |
---|
3014 | | - | (E) The methods of disposition or termination of cases. |
---|
3015 | | - | (3) Prepare and publish reports, not less than one (1) or more than |
---|
3016 | | - | two (2) times per year, on the nature and volume of judicial work |
---|
3017 | | - | performed by the courts as determined by the information |
---|
3018 | | - | required in subdivision (2). |
---|
3019 | | - | (4) Serve the judicial nominating commission and the judicial |
---|
3020 | | - | qualifications commission in the performance by the commissions |
---|
3021 | | - | of their statutory and constitutional functions. |
---|
3022 | | - | (5) Administer the civil legal aid fund as required by IC 33-24-12. |
---|
3023 | | - | (6) Administer the court technology fund established by section |
---|
3024 | | - | 12 of this chapter. |
---|
3025 | | - | (7) By December 31, 2013, develop and implement a standard |
---|
3026 | | - | protocol for sending and receiving court data: |
---|
3027 | | - | (A) between the protective order registry, established by |
---|
3028 | | - | IC 5-2-9-5.5, and county court case management systems; |
---|
3029 | | - | (B) at the option of the county prosecuting attorney, for: |
---|
3030 | | - | (i) a prosecuting attorney's case management system; |
---|
3031 | | - | (ii) a county court case management system; and |
---|
3032 | | - | (iii) a county court case management system developed and |
---|
3033 | | - | operated by the office of judicial administration; |
---|
3034 | | - | to interface with the electronic traffic tickets, as defined by |
---|
3035 | | - | IC 9-30-3-2.5; and |
---|
3036 | | - | (C) between county court case management systems and the |
---|
3037 | | - | case management system developed and operated by the office |
---|
3038 | | - | of judicial administration. |
---|
3039 | | - | The standard protocol developed and implemented under this |
---|
3040 | | - | subdivision shall permit private sector vendors, including vendors |
---|
3041 | | - | providing service to a local system and vendors accessing the |
---|
3042 | | - | system for information, to send and receive court information on |
---|
3043 | | - | an equitable basis and at an equitable cost, and for a case |
---|
3044 | | - | management system developed and operated by the office of |
---|
3045 | | - | SEA 418(ts) 72 |
---|
3046 | | - | judicial administration, must include a searchable field for the |
---|
3047 | | - | name and bail agent license number, if applicable, of the bail |
---|
3048 | | - | agent or a person authorized by the surety that pays bail for an |
---|
3049 | | - | individual as described in IC 35-33-8-3.2. |
---|
3050 | | - | (8) Establish and administer an electronic system for receiving |
---|
3051 | | - | information that relates to certain individuals who may be |
---|
3052 | | - | prohibited from possessing a firearm for the purpose of: |
---|
3053 | | - | (A) transmitting this information to the Federal Bureau of |
---|
3054 | | - | Investigation for inclusion in the NICS; and |
---|
3055 | | - | (B) beginning July 1, 2021, compiling and publishing certain |
---|
3056 | | - | statistics related to the confiscation and retention of firearms |
---|
3057 | | - | as described under section 14 of this chapter. |
---|
3058 | | - | (9) Establish and administer an electronic system for receiving |
---|
3059 | | - | drug related felony conviction information from courts. The office |
---|
3060 | | - | of judicial administration shall notify NPLEx of each drug related |
---|
3061 | | - | felony entered after June 30, 2012, and do the following: |
---|
3062 | | - | (A) Provide NPLEx with the following information: |
---|
3063 | | - | (i) The convicted individual's full name. |
---|
3064 | | - | (ii) The convicted individual's date of birth. |
---|
3065 | | - | (iii) The convicted individual's driver's license number, state |
---|
3066 | | - | personal identification number, or other unique number, if |
---|
3067 | | - | available. |
---|
3068 | | - | (iv) The date the individual was convicted of the felony. |
---|
3069 | | - | Upon receipt of the information from the office of judicial |
---|
3070 | | - | administration, a stop sale alert must be generated through |
---|
3071 | | - | NPLEx for each individual reported under this clause. |
---|
3072 | | - | (B) Notify NPLEx if the felony of an individual reported under |
---|
3073 | | - | clause (A) has been: |
---|
3074 | | - | (i) set aside; |
---|
3075 | | - | (ii) reversed; |
---|
3076 | | - | (iii) expunged; or |
---|
3077 | | - | (iv) vacated. |
---|
3078 | | - | Upon receipt of information under this clause, NPLEx shall |
---|
3079 | | - | remove the stop sale alert issued under clause (A) for the |
---|
3080 | | - | individual. |
---|
3081 | | - | (10) After July 1, 2018, establish and administer an electronic |
---|
3082 | | - | system for receiving from courts felony or misdemeanor |
---|
3083 | | - | conviction information for each felony or misdemeanor described |
---|
3084 | | - | in IC 20-28-5-8(c). The office of judicial administration shall |
---|
3085 | | - | notify the department of education at least one (1) time each week |
---|
3086 | | - | of each felony or misdemeanor described in IC 20-28-5-8(c) |
---|
3087 | | - | entered after July 1, 2018, and do the following: |
---|
3088 | | - | SEA 418(ts) 73 |
---|
3089 | | - | (A) Provide the department of education with the following |
---|
3090 | | - | information: |
---|
3091 | | - | (i) The convicted individual's full name. |
---|
3092 | | - | (ii) The convicted individual's date of birth. |
---|
3093 | | - | (iii) The convicted individual's driver's license number, state |
---|
3094 | | - | personal identification number, or other unique number, if |
---|
3095 | | - | available. |
---|
3096 | | - | (iv) The date the individual was convicted of the felony or |
---|
3097 | | - | misdemeanor. |
---|
3098 | | - | (B) Notify the department of education if the felony or |
---|
3099 | | - | misdemeanor of an individual reported under clause (A) has |
---|
3100 | | - | been: |
---|
3101 | | - | (i) set aside; |
---|
3102 | | - | (ii) reversed; or |
---|
3103 | | - | (iii) vacated. |
---|
3104 | | - | (11) Perform legal and administrative duties for the justices as |
---|
3105 | | - | determined by the justices. |
---|
3106 | | - | (12) Provide staff support for the judicial conference of Indiana |
---|
3107 | | - | established in IC 33-38-9. |
---|
3108 | | - | (13) Work with the United States Department of Veterans Affairs |
---|
3109 | | - | to identify and address the needs of veterans in the court system. |
---|
3110 | | - | (14) If necessary for purposes of IC 35-47-16-1, issue a retired |
---|
3111 | | - | judicial officer an identification card identifying the retired |
---|
3112 | | - | judicial officer as a retired judicial officer. |
---|
3113 | | - | (15) Establish and administer the statewide juvenile justice data |
---|
3114 | | - | aggregation plan established under section 12.5 of this chapter. |
---|
3115 | | - | (b) All forms to be used in gathering data must be approved by the |
---|
3116 | | - | supreme court and shall be distributed to all judges and clerks before |
---|
3117 | | - | the start of each period for which reports are required. |
---|
3118 | | - | (c) The office of judicial administration may adopt rules to |
---|
3119 | | - | implement this section. |
---|
3120 | | - | SECTION 18. IC 33-34-8-1, AS AMENDED BY P.L.106-2022, |
---|
3121 | | - | SECTION 4, AND AS AMENDED BY P.L.174-2022, SECTION 59, |
---|
3122 | | - | IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
3123 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The following fees and costs |
---|
3124 | | - | apply to cases in the small claims court: |
---|
3125 | | - | (1) A township docket fee of five dollars ($5) plus forty-five |
---|
3126 | | - | percent (45%) of the infraction or ordinance violation costs fee |
---|
3127 | | - | under IC 33-37-4-2. |
---|
3128 | | - | (2) The bailiff's service of process by registered or certified mail |
---|
3129 | | - | fee of fifteen dollars ($15) for each service. |
---|
3130 | | - | (3) The cost for the personal service of process by the bailiff or |
---|
3131 | | - | SEA 418(ts) 74 |
---|
3132 | | - | other process server of fifteen dollars ($15) for each service. |
---|
3133 | | - | (4) Witness fees, if any, in the amount provided by IC 33-37-10-3 |
---|
3134 | | - | to be taxed and charged in the circuit court. |
---|
3135 | | - | (5) A redocketing fee, if any, of five dollars ($5). |
---|
3136 | | - | (6) A document storage fee under IC 33-37-5-20. |
---|
3137 | | - | (7) An automated record keeping fee under IC 33-37-5-21. |
---|
3138 | | - | (8) A late fee, if any, under IC 33-37-5-22. |
---|
3139 | | - | (9) A public defense administration fee under IC 33-37-5-21.2. |
---|
3140 | | - | (10) A judicial insurance adjustment fee under IC 33-37-5-25. |
---|
3141 | | - | (11) A judicial salaries fee under IC 33-37-5-26. |
---|
3142 | | - | (12) A court administration fee under IC 33-37-5-27. |
---|
3143 | | - | (13) Before July 1, 2022, 2025, a pro bono legal services fee |
---|
3144 | | - | under IC 33-37-5-31. |
---|
3145 | | - | (14) A sheriff's service of process fee under IC 33-37-5-15 for |
---|
3146 | | - | each service of process performed outside Marion County. |
---|
3147 | | - | The docket fee and the cost for the initial service of process shall be |
---|
3148 | | - | paid at the institution of a case. The cost of service after the initial |
---|
3149 | | - | service shall be assessed and paid after service has been made. The |
---|
3150 | | - | cost of witness fees shall be paid before the witnesses are called. |
---|
3151 | | - | (b) If the amount of the township docket fee computed under |
---|
3152 | | - | subsection (a)(1) is not equal to a whole number, the amount shall be |
---|
3153 | | - | rounded to the next highest whole number. |
---|
3154 | | - | SECTION 19. IC 34-18-3-2, AS AMENDED BY P.L.69-2022, |
---|
3155 | | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
3156 | | - | MARCH 13, 2020 (RETROACTIVE)]: Sec. 2. (a) Except as provided |
---|
3157 | | - | in subsection (b), for a health care provider to be qualified under this |
---|
3158 | | - | article, the health care provider or the health care provider's insurance |
---|
3159 | | - | carrier shall: |
---|
3160 | | - | (1) cause to be filed with the commissioner proof of financial |
---|
3161 | | - | responsibility established under IC 34-18-4; and |
---|
3162 | | - | (2) pay the surcharge assessed on all health care providers under |
---|
3163 | | - | IC 34-18-5. |
---|
3164 | | - | (b) A health care provider who has a temporary license under |
---|
3165 | | - | IC 25-1-21 IC 25-1-5.7 is qualified under this article while the |
---|
3166 | | - | temporary license is in effect. |
---|
3167 | | - | SECTION 20. IC 34-18-3-3, AS AMENDED BY P.L.69-2022, |
---|
3168 | | - | SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
3169 | | - | MARCH 13, 2020 (RETROACTIVE)]: Sec. 3. (a) Except as provided |
---|
3170 | | - | in subsection (b), the officers, agents, and employees of a health care |
---|
3171 | | - | provider, while acting in the course and scope of their employment, |
---|
3172 | | - | may be qualified under this chapter if the following conditions are met: |
---|
3173 | | - | (1) The officers, agents, and employees are individually named or |
---|
3174 | | - | SEA 418(ts) 75 |
---|
3175 | | - | are members of a named class in the proof of financial |
---|
3176 | | - | responsibility filed by the health care provider under IC 34-18-4. |
---|
3177 | | - | (2) The surcharge assessed under IC 34-18-5 is paid. |
---|
3178 | | - | (b) An officer, agent, or employee of a health care provider who has |
---|
3179 | | - | a temporary license under IC 25-1-21 IC 25-1-5.7 is qualified under |
---|
3180 | | - | this article while the temporary license is in effect. |
---|
3181 | | - | SECTION 21. IC 34-26-5-10, AS AMENDED BY P.L.159-2022, |
---|
3182 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
3183 | | - | JULY 1, 2022]: Sec. 10. (a) Except as provided in subsection (b), If a |
---|
3184 | | - | court issues: |
---|
3185 | | - | (1) an order for protection ex parte effective for a period |
---|
3186 | | - | described under section 9(f) of this chapter; or |
---|
3187 | | - | (2) a modification of an order for protection ex parte effective for |
---|
3188 | | - | a period described under section 9(f) of this chapter; |
---|
3189 | | - | and provides relief under section 9(c) of this chapter, upon a request by |
---|
3190 | | - | either party at any time after service of the order or modification, the |
---|
3191 | | - | court shall set a date for a hearing on the petition. Except as provided |
---|
3192 | | - | in subsection (c), the hearing must be held not more than thirty (30) |
---|
3193 | | - | days after the request for a hearing is filed unless continued by the |
---|
3194 | | - | court for good cause shown. The court shall notify both parties by first |
---|
3195 | | - | class mail of the date and time of the hearing. A party may only request |
---|
3196 | | - | one (1) hearing on a petition under this subsection. |
---|
3197 | | - | (b) If a court issues: |
---|
3198 | | - | (1) an order for protection ex parte effective for a period |
---|
3199 | | - | described under section 9(g) of this chapter; or |
---|
3200 | | - | (2) a modification of an order for protection ex parte effective for |
---|
3201 | | - | a period described under section 9(g) of this chapter; |
---|
3202 | | - | and provides relief under section 9(c) of this chapter, upon a request by |
---|
3203 | | - | either party not more than thirty (30) days after service of the order or |
---|
3204 | | - | modification, the court shall set a date for a hearing on the petition. |
---|
3205 | | - | Except as provided in subsection (c), the hearing must be held not more |
---|
3206 | | - | than thirty (30) days after the request for a hearing is filed unless |
---|
3207 | | - | continued by the court for good cause shown. The court shall notify |
---|
3208 | | - | both parties by first class mail of the date and time of the hearing. A |
---|
3209 | | - | party may only request one (1) hearing on a petition under this |
---|
3210 | | - | subsection. |
---|
3211 | | - | (c) A court shall set a date for a hearing on the petition not more |
---|
3212 | | - | than thirty (30) days after the filing of the petition if a court issues an |
---|
3213 | | - | order for protection ex parte or a modification of an order of protection |
---|
3214 | | - | ex parte and: |
---|
3215 | | - | (1) a petitioner requests or the court provides relief under section |
---|
3216 | | - | 9(c)(3), 9(c)(5), 9(c)(6), 9(c)(7), or 9(c)(8) of this chapter; or |
---|
3217 | | - | SEA 418(ts) 76 |
---|
3218 | | - | (2) a petitioner requests relief under section 9(d)(2), 9(d)(3), or |
---|
3219 | | - | 9(d)(4) of this chapter. |
---|
3220 | | - | The hearing must be given precedence over all matters pending in the |
---|
3221 | | - | court except older matters of the same character. |
---|
3222 | | - | (d) In a hearing under this section: |
---|
3223 | | - | (1) relief under section 9 of this chapter is available; and |
---|
3224 | | - | (2) if a respondent seeks relief concerning an issue not raised by |
---|
3225 | | - | a petitioner, the court may continue the hearing at the petitioner's |
---|
3226 | | - | request. |
---|
3227 | | - | SECTION 22. IC 34-30-2-101.7, AS ADDED BY P.L.149-2022, |
---|
3228 | | - | SECTION 20, IS REPEALED [EFFECTIVE JULY 1, 2022]. Sec. |
---|
3229 | | - | 101.7. IC 25-35.6-5-8 (Concerning members, officers, executive |
---|
3230 | | - | director, employees, and representatives of the audiology and |
---|
3231 | | - | speech-language pathology compact commission). |
---|
3232 | | - | SECTION 23. IC 34-30-2.1-53, AS ADDED BY P.L.105-2022, |
---|
3233 | | - | SECTION 12, IS REPEALED [EFFECTIVE JANUARY 1, 2023]. Sec. |
---|
3234 | | - | 53. IC 6-1.1-12-2 (Concerning a closing agent for failure to perform |
---|
3235 | | - | certain tasks for purposes of obtaining a property tax deduction for the |
---|
3236 | | - | property). |
---|
3237 | | - | SECTION 24. IC 34-30-2.1-386.5 IS ADDED TO THE INDIANA |
---|
3238 | | - | CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
3239 | | - | [EFFECTIVE JULY 1, 2022]: Sec. 386.5. IC 25-35.6-5-8 (Concerning |
---|
3240 | | - | members, officers, executive director, employees, and |
---|
3241 | | - | representatives of the audiology and speech-language pathology |
---|
3242 | | - | compact commission). |
---|
3243 | | - | SECTION 25. [EFFECTIVE JULY 1, 2022] (a) The general |
---|
3244 | | - | assembly recognizes that SEA 80-2022 (P.L.105-2022): |
---|
3245 | | - | (1) repeals IC 34-30-2; and |
---|
3246 | | - | (2) relocates the contents of IC 34-30-2 to IC 34-30-2.1; |
---|
3247 | | - | effective July 1, 2022. |
---|
3248 | | - | (b) The general assembly also recognizes that several acts |
---|
3249 | | - | enacted in the 2022 legislative session added new sections to |
---|
3250 | | - | IC 34-30-2 or amended sections within IC 34-30-2. The general |
---|
3251 | | - | assembly intends to repeal IC 34-30-2 effective July 1, 2022. Except |
---|
3252 | | - | as set forth in subsections (c) and (d), conflict resolution between |
---|
3253 | | - | those acts and SEA 80-2022 (P.L.105-2022) was enacted in SEA |
---|
3254 | | - | 80-2022 (P.L.105-2022). |
---|
3255 | | - | (c) SEA 5-2022 (P.L.149-2022) adds IC 34-30-2-101.7 effective |
---|
3256 | | - | July 1, 2022. This act: |
---|
3257 | | - | (1) repeals IC 34-30-2-101.7, as added by SEA 5-2022 |
---|
3258 | | - | (P.L.149-2022); and |
---|
3259 | | - | (2) relocates the text of that section to a new |
---|
3260 | | - | SEA 418(ts) 77 |
---|
3261 | | - | IC 34-30-2.1-386.5; |
---|
3262 | | - | effective July 1, 2022. |
---|
3263 | | - | (d) HEA 1260-2022 (P.L.174-2022) amends IC 34-30-2-16.6 |
---|
3264 | | - | effective January 1, 2023. IC 34-30-2-16.6 was relocated by SEA |
---|
3265 | | - | 80-2022 (P.L.105-2022) to IC 34-30-2.1-53 effective July 1, 2022. |
---|
3266 | | - | This bill repeals IC 34-30-2-16.6 effective January 1, 2023, to |
---|
3267 | | - | effectuate the amendment of IC 34-30-2-16.6 intended by HEA |
---|
3268 | | - | 1260-2022. |
---|
3269 | | - | (e) This SECTION expires December 31, 2022. |
---|
3270 | | - | SECTION 26. An emergency is declared for this act. |
---|
3271 | | - | SEA 418(ts) President of the Senate |
---|
3272 | | - | President Pro Tempore |
---|
3273 | | - | Speaker of the House of Representatives |
---|
3274 | | - | Governor of the State of Indiana |
---|
3275 | | - | Date: Time: |
---|
3276 | | - | SEA 418(ts) |
---|
| 47 | + | 1 SECTION 1. IC 4-10-18-10, AS AMENDED BY P.L.104-2022, |
---|
| 48 | + | 2 SECTION 7, AND AS AMENDED BY P.L.114-2022, SECTION 5, IS |
---|
| 49 | + | 3 CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 50 | + | 4 [EFFECTIVE JULY 1, 2022]: Sec. 10. (a) The state board of finance |
---|
| 51 | + | 5 may lend money from the fund to entities listed in subsections (e) |
---|
| 52 | + | 6 through (k) for the purposes specified in those subsections. |
---|
| 53 | + | 7 (b) An entity must apply for the loan before May 1, 1989, in a form |
---|
| 54 | + | 8 approved by the state board of finance. As part of the application, the |
---|
| 55 | + | 9 entity shall submit a plan for its use of the loan proceeds and for the |
---|
| 56 | + | 10 repayment of the loan. Within sixty (60) days after receipt of each |
---|
| 57 | + | 11 application, the board shall meet to consider the application and to |
---|
| 58 | + | 12 review its accuracy and completeness and to determine the need for the |
---|
| 59 | + | 13 loan. The board shall authorize a loan to an entity that makes an |
---|
| 60 | + | 14 application if the board approves its accuracy and completeness and |
---|
| 61 | + | 15 determines that there is a need for the loan and an adequate method of |
---|
| 62 | + | 16 repayment. |
---|
| 63 | + | 17 (c) The state board of finance shall determine the terms of each |
---|
| 64 | + | 2022(ts) IN 418—LS 7237/DI 92 2 |
---|
| 65 | + | 1 loan, which must include the following: |
---|
| 66 | + | 2 (1) The duration of the loan, which must not exceed twelve (12) |
---|
| 67 | + | 3 years. |
---|
| 68 | + | 4 (2) The repayment schedule of the loan, which must provide that |
---|
| 69 | + | 5 no payments are due during the first two (2) years of the loan. |
---|
| 70 | + | 6 (3) A variable rate of interest to be determined by the board and |
---|
| 71 | + | 7 adjusted annually. The interest rate must be the greater of: |
---|
| 72 | + | 8 (A) five percent (5%); or |
---|
| 73 | + | 9 (B) two-thirds (2/3) of the interest rate for fifty-two (52) week |
---|
| 74 | + | 10 United States Treasury bills on the anniversary date of the |
---|
| 75 | + | 11 loan, but not to exceed ten percent (10%). |
---|
| 76 | + | 12 (4) The amount of the loan or loans, which may not exceed the |
---|
| 77 | + | 13 maximum amounts established for the entity by this section. |
---|
| 78 | + | 14 (5) Any other conditions specified by the board. |
---|
| 79 | + | 15 (d) An entity may borrow money under this section by adoption of |
---|
| 80 | + | 16 an ordinance or a resolution and, as set forth in IC 5-1-14, may use any |
---|
| 81 | + | 17 source of revenue to repay a loan under this section. This section |
---|
| 82 | + | 18 constitutes complete authority for the entity to borrow from the fund. |
---|
| 83 | + | 19 If an entity described in subsection (i) fails to make any repayments of |
---|
| 84 | + | 20 a loan, the amount payable shall be withheld by the auditor of state |
---|
| 85 | + | 21 from any other money payable to the consolidated city. If any other |
---|
| 86 | + | 22 entity described in this section fails to make any repayments of a loan, |
---|
| 87 | + | 23 the amount payable shall be withheld by the auditor of state from any |
---|
| 88 | + | 24 other money payable to the entity. The amount withheld shall be |
---|
| 89 | + | 25 transferred to the fund to the credit of the entity. |
---|
| 90 | + | 26 (e) A loan under this section may be made to a city located in a |
---|
| 91 | + | 27 county having a population of more than twenty-five thousand (25,000) |
---|
| 92 | + | 28 but less than twenty-five thousand eight hundred (25,800) twenty-six |
---|
| 93 | + | 29 thousand four hundred seventy (26,470) and less than twenty-seven |
---|
| 94 | + | 30 thousand (27,000) for the city's waterworks facility. The amount of the |
---|
| 95 | + | 31 loan may not exceed one million six hundred thousand dollars |
---|
| 96 | + | 32 ($1,600,000). |
---|
| 97 | + | 33 (f) As used in this subsection, "corridor" means the strip of land in |
---|
| 98 | + | 34 Indiana abutting Lake Michigan and the tributaries of Lake Michigan. |
---|
| 99 | + | 35 A loan under this section may be made to a city the territory of which |
---|
| 100 | + | 36 is included in part within the Lake Michigan corridor (as defined in |
---|
| 101 | + | 37 IC 14-13-3-2, before its repeal) for a marina development project. As |
---|
| 102 | + | 38 a part of its application under subsection (b), the city must include the |
---|
| 103 | + | 39 following: |
---|
| 104 | + | 40 (1) Written approval by the Lake Michigan marina development |
---|
| 105 | + | 41 commission of the project to be funded by the loan proceeds. |
---|
| 106 | + | 42 (2) A written determination by the commission of the amount |
---|
| 107 | + | 2022(ts) IN 418—LS 7237/DI 92 3 |
---|
| 108 | + | 1 needed by the city, for the project and of the amount of the |
---|
| 109 | + | 2 maximum loan amount under this subsection that should be lent |
---|
| 110 | + | 3 to the city. |
---|
| 111 | + | 4 The maximum amount of loans available for all cities that are eligible |
---|
| 112 | + | 5 for a loan under this subsection is eight million six hundred thousand |
---|
| 113 | + | 6 dollars ($8,600,000). |
---|
| 114 | + | 7 (g) A loan under this section may be made to a county having a |
---|
| 115 | + | 8 population of more than one hundred seventy-five thousand (175,000) |
---|
| 116 | + | 9 but less than one hundred eighty-five thousand (185,000) one hundred |
---|
| 117 | + | 10 eighty thousand (180,000) and less than one hundred eighty-five |
---|
| 118 | + | 11 thousand (185,000) for use by the airport authority in the county for the |
---|
| 119 | + | 12 construction of runways. The amount of the loan may not exceed seven |
---|
| 120 | + | 13 million dollars ($7,000,000). The county may lend the proceeds of its |
---|
| 121 | + | 14 loan to an airport authority for the public purpose of fostering |
---|
| 122 | + | 15 economic growth in the county. |
---|
| 123 | + | 16 (h) A loan under this section may be made to a city having a |
---|
| 124 | + | 17 population of more than sixty thousand (60,000) but less than sixty-five |
---|
| 125 | + | 18 thousand (65,000) fifty-eight thousand (58,000) and less than fifty-nine |
---|
| 126 | + | 19 thousand (59,000) for the construction of parking facilities. The |
---|
| 127 | + | 20 amount of the loan may not exceed three million dollars ($3,000,000). |
---|
| 128 | + | 21 (i) A loan or loans under this section may be made to a consolidated |
---|
| 129 | + | 22 city, a local public improvement bond bank, or any board, authority, or |
---|
| 130 | + | 23 commission of the consolidated city to fund economic development |
---|
| 131 | + | 24 projects under IC 36-7-15.2-5 or to refund obligations issued to fund |
---|
| 132 | + | 25 economic development projects. The amount of the loan may not |
---|
| 133 | + | 26 exceed thirty million dollars ($30,000,000). |
---|
| 134 | + | 27 (j) A loan under this section may be made to a county having a |
---|
| 135 | + | 28 population of more than thirteen thousand (13,000) but less than |
---|
| 136 | + | 29 fourteen thousand (14,000) twelve thousand five hundred (12,500) and |
---|
| 137 | + | 30 less than thirteen thousand (13,000) for extension of airport runways. |
---|
| 138 | + | 31 The amount of the loan may not exceed three hundred thousand dollars |
---|
| 139 | + | 32 ($300,000). |
---|
| 140 | + | 33 (k) A loan under this section may be made to Covington Community |
---|
| 141 | + | 34 School Corporation to refund the amount due on a tax anticipation |
---|
| 142 | + | 35 warrant loan. The amount of the loan may not exceed two million seven |
---|
| 143 | + | 36 hundred thousand dollars ($2,700,000), to be paid back from any |
---|
| 144 | + | 37 source of money that is legally available to the school corporation. |
---|
| 145 | + | 38 Notwithstanding subsection (b), the school corporation must apply for |
---|
| 146 | + | 39 the loan before June 30, 2010. Notwithstanding subsection (c), |
---|
| 147 | + | 40 repayment of the loan shall be made in equal installments over five (5) |
---|
| 148 | + | 41 years with the first installment due not more than six (6) months after |
---|
| 149 | + | 42 the date loan proceeds are received by the school corporation. |
---|
| 150 | + | 2022(ts) IN 418—LS 7237/DI 92 4 |
---|
| 151 | + | 1 (l) IC 6-1.1-20 does not apply to a loan made by an entity under this |
---|
| 152 | + | 2 section. |
---|
| 153 | + | 3 (m) As used in this section, "entity" means a governmental entity |
---|
| 154 | + | 4 authorized to obtain a loan under subsections (e) through (k). |
---|
| 155 | + | 5 SECTION 2. IC 4-33-13-5, AS AMENDED BY P.L.137-2022, |
---|
| 156 | + | 6 SECTION 7, AND AS AMENDED BY P.L.104-2022, SECTION 9, IS |
---|
| 157 | + | 7 CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 158 | + | 8 [EFFECTIVE APRIL 1, 2022 (RETROACTIVE)]: Sec. 5. (a) This |
---|
| 159 | + | 9 subsection does not apply to tax revenue remitted by an operating agent |
---|
| 160 | + | 10 operating a riverboat in a historic hotel district. After funds are |
---|
| 161 | + | 11 appropriated under section 4 of this chapter, each month the auditor of |
---|
| 162 | + | 12 state shall distribute the tax revenue deposited in the state gaming fund |
---|
| 163 | + | 13 under this chapter to the following: |
---|
| 164 | + | 14 (1) An amount equal to the following shall be set aside for |
---|
| 165 | + | 15 revenue sharing under subsection (d): |
---|
| 166 | + | 16 (A) Before July 1, 2021, the first thirty-three million dollars |
---|
| 167 | + | 17 ($33,000,000) of tax revenues collected under this chapter |
---|
| 168 | + | 18 shall be set aside for revenue sharing under subsection (d). |
---|
| 169 | + | 19 (B) After June 30, 2021, if the total adjusted gross receipts |
---|
| 170 | + | 20 received by licensees from gambling games authorized under |
---|
| 171 | + | 21 this article during the preceding state fiscal year is equal to or |
---|
| 172 | + | 22 greater than the total adjusted gross receipts received by |
---|
| 173 | + | 23 licensees from gambling games authorized under this article |
---|
| 174 | + | 24 during the state fiscal year ending June 30, 2020, the first |
---|
| 175 | + | 25 thirty-three million dollars ($33,000,000) of tax revenues |
---|
| 176 | + | 26 collected under this chapter shall be set aside for revenue |
---|
| 177 | + | 27 sharing under subsection (d). |
---|
| 178 | + | 28 (C) After June 30, 2021, if the total adjusted gross receipts |
---|
| 179 | + | 29 received by licensees from gambling games authorized under |
---|
| 180 | + | 30 this article during the preceding state fiscal year is less than |
---|
| 181 | + | 31 the total adjusted gross receipts received by licensees from |
---|
| 182 | + | 32 gambling games authorized under this article during the state |
---|
| 183 | + | 33 year ending June 30, 2020, an amount equal to the first |
---|
| 184 | + | 34 thirty-three million dollars ($33,000,000) of tax revenues |
---|
| 185 | + | 35 collected under this chapter multiplied by the result of: |
---|
| 186 | + | 36 (i) the total adjusted gross receipts received by licensees |
---|
| 187 | + | 37 from gambling games authorized under this article during |
---|
| 188 | + | 38 the preceding state fiscal year; divided by |
---|
| 189 | + | 39 (ii) the total adjusted gross receipts received by licensees |
---|
| 190 | + | 40 from gambling games authorized under this article during |
---|
| 191 | + | 41 the state fiscal year ending June 30, 2020; |
---|
| 192 | + | 42 shall be set aside for revenue sharing under subsection (d). |
---|
| 193 | + | 2022(ts) IN 418—LS 7237/DI 92 5 |
---|
| 194 | + | 1 (2) Subject to subsection (c), twenty-five percent (25%) of the |
---|
| 195 | + | 2 remaining tax revenue remitted by each licensed owner shall be |
---|
| 196 | + | paid:3 |
---|
| 197 | + | 4 (A) to the city in which the riverboat is located or that is |
---|
| 198 | + | 5 designated as the home dock of the riverboat from which the |
---|
| 199 | + | 6 tax revenue was collected, in the case of: |
---|
| 200 | + | 7 (i) a city described in IC 4-33-12-6(b)(1)(A); |
---|
| 201 | + | 8 (ii) a city located in a county having a population of more |
---|
| 202 | + | 9 than four hundred thousand (400,000) and less than seven |
---|
| 203 | + | 10 hundred thousand (700,000); Lake County; or |
---|
| 204 | + | 11 (iii) Terre Haute; or |
---|
| 205 | + | 12 (B) to the county that is designated as the home dock of the |
---|
| 206 | + | 13 riverboat from which the tax revenue was collected, in the case |
---|
| 207 | + | 14 of a riverboat that is not located in a city described in clause |
---|
| 208 | + | 15 (A) or whose home dock is not in a city described in clause |
---|
| 209 | + | 16 (A). |
---|
| 210 | + | 17 (3) The remainder of the tax revenue remitted by each licensed |
---|
| 211 | + | 18 owner shall be paid to the state general fund. In each state fiscal |
---|
| 212 | + | 19 year, the auditor of state shall make the transfer required by this |
---|
| 213 | + | 20 subdivision not later than the last business day of the month in |
---|
| 214 | + | 21 which the tax revenue is remitted to the state on or before the |
---|
| 215 | + | 22 fifteenth day of the month based on revenue received during the |
---|
| 216 | + | 23 preceding month for deposit in the state gaming fund. However, |
---|
| 217 | + | 24 if tax revenue is received by the state on the last business day in |
---|
| 218 | + | 25 a month, Specifically, the auditor of state may transfer the tax |
---|
| 219 | + | 26 revenue received by the state in a month to the state general fund |
---|
| 220 | + | in the immediately following month according to this subdivision.27 |
---|
| 221 | + | 28 (b) This subsection applies only to tax revenue remitted by an |
---|
| 222 | + | 29 operating agent operating a riverboat in a historic hotel district after |
---|
| 223 | + | June 30, 2019. 30 After funds are appropriated under section 4 of this |
---|
| 224 | + | 31 chapter, each month the auditor of state shall distribute the tax revenue |
---|
| 225 | + | 32 remitted by the operating agent under this chapter as follows: |
---|
| 226 | + | 33 (1) For state fiscal years beginning after June 30, 2019, but |
---|
| 227 | + | 34 ending before July 1, 2021, fifty-six and five-tenths percent |
---|
| 228 | + | 35 (56.5%) shall be paid to the state general fund. |
---|
| 229 | + | 36 (2) For state fiscal years beginning after June 30, 2021, fifty-six |
---|
| 230 | + | 37 and five-tenths percent (56.5%) shall be paid as follows: |
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| 231 | + | 38 (A) Sixty-six and four-tenths percent (66.4%) shall be paid to |
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| 232 | + | 39 the state general fund. |
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| 233 | + | 40 (B) Thirty-three and six-tenths percent (33.6%) shall be paid |
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| 234 | + | 41 to the West Baden Springs historic hotel preservation and |
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| 235 | + | 42 maintenance fund established by IC 36-7-11.5-11(b). |
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| 236 | + | 2022(ts) IN 418—LS 7237/DI 92 6 |
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| 237 | + | 1 However, if: |
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| 238 | + | 2 (i) at any time the balance in that fund exceeds twenty-five |
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| 239 | + | 3 million dollars ($25,000,000); or |
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| 240 | + | 4 (ii) in any part of a state fiscal year in which the operating |
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| 241 | + | 5 agent has received at least one hundred million dollars |
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| 242 | + | 6 ($100,000,000) of adjusted gross receipts; |
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| 243 | + | 7 the amount described in this clause shall be paid to the state |
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| 244 | + | 8 general fund for the remainder of the state fiscal year. |
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| 245 | + | 9 (3) Forty-three and five-tenths percent (43.5%) shall be paid as |
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| 246 | + | 10 follows: |
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| 247 | + | 11 (A) Twenty-two and four-tenths percent (22.4%) shall be paid |
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| 248 | + | 12 as follows: |
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| 249 | + | 13 (i) Fifty percent (50%) to the fiscal officer of the town of |
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| 250 | + | 14 French Lick. |
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| 251 | + | 15 (ii) Fifty percent (50%) to the fiscal officer of the town of |
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| 252 | + | 16 West Baden Springs. |
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| 253 | + | 17 (B) Fourteen and eight-tenths percent (14.8%) shall be paid to |
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| 254 | + | 18 the county treasurer of Orange County for distribution among |
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| 255 | + | 19 the school corporations in the county. The governing bodies |
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| 256 | + | 20 for the school corporations in the county shall provide a |
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| 257 | + | 21 formula for the distribution of the money received under this |
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| 258 | + | 22 clause among the school corporations by joint resolution |
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| 259 | + | 23 adopted by the governing body of each of the school |
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| 260 | + | 24 corporations in the county. Money received by a school |
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| 261 | + | 25 corporation under this clause must be used to improve the |
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| 262 | + | 26 educational attainment of students enrolled in the school |
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| 263 | + | 27 corporation receiving the money. Not later than the first |
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| 264 | + | 28 regular meeting in the school year of a governing body of a |
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| 265 | + | 29 school corporation receiving a distribution under this clause, |
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| 266 | + | 30 the superintendent of the school corporation shall submit to |
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| 267 | + | 31 the governing body a report describing the purposes for which |
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| 268 | + | 32 the receipts under this clause were used and the improvements |
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| 269 | + | 33 in educational attainment realized through the use of the |
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| 270 | + | 34 money. The report is a public record. |
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| 271 | + | 35 (C) Thirteen and one-tenth percent (13.1%) shall be paid to the |
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| 272 | + | 36 county treasurer of Orange County. |
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| 273 | + | 37 (D) Five and three-tenths percent (5.3%) shall be distributed |
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| 274 | + | 38 quarterly to the county treasurer of Dubois County for |
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| 275 | + | 39 appropriation by the county fiscal body after receiving a |
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| 276 | + | 40 recommendation from the county executive. The county fiscal |
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| 277 | + | 41 body for the receiving county shall provide for the distribution |
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| 278 | + | 42 of the money received under this clause to one (1) or more |
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| 279 | + | 2022(ts) IN 418—LS 7237/DI 92 7 |
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| 280 | + | 1 taxing units (as defined in IC 6-1.1-1-21) in the county under |
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| 281 | + | 2 a formula established by the county fiscal body after receiving |
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| 282 | + | 3 a recommendation from the county executive. |
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| 283 | + | 4 (E) Five and three-tenths percent (5.3%) shall be distributed |
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| 284 | + | 5 quarterly to the county treasurer of Crawford County for |
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| 285 | + | 6 appropriation by the county fiscal body after receiving a |
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| 286 | + | 7 recommendation from the county executive. The county fiscal |
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| 287 | + | 8 body for the receiving county shall provide for the distribution |
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| 288 | + | 9 of the money received under this clause to one (1) or more |
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| 289 | + | 10 taxing units (as defined in IC 6-1.1-1-21) in the county under |
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| 290 | + | 11 a formula established by the county fiscal body after receiving |
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| 291 | + | 12 a recommendation from the county executive. |
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| 292 | + | 13 (F) Six and thirty-five hundredths percent (6.35%) shall be |
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| 293 | + | 14 paid to the fiscal officer of the town of Paoli. |
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| 294 | + | 15 (G) Six and thirty-five hundredths percent (6.35%) shall be |
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| 295 | + | 16 paid to the fiscal officer of the town of Orleans. |
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| 296 | + | 17 (H) Twenty-six and four-tenths percent (26.4%) shall be paid |
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| 297 | + | 18 to the Indiana economic development corporation established |
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| 298 | + | 19 by IC 5-28-3-1 for transfer as follows: |
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| 299 | + | 20 (i) Beginning after December 31, 2017, ten percent (10%) |
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| 300 | + | 21 of the amount transferred under this clause in each calendar |
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| 301 | + | 22 year shall be transferred to the South Central Indiana |
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| 302 | + | 23 Regional Economic Development Corporation or a |
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| 303 | + | 24 successor entity or partnership for economic development |
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| 304 | + | 25 for the purpose of recruiting new business to Orange County |
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| 305 | + | 26 as well as promoting the retention and expansion of existing |
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| 306 | + | 27 businesses in Orange County. |
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| 307 | + | 28 (ii) The remainder of the amount transferred under this |
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| 308 | + | 29 clause in each calendar year shall be transferred to Radius |
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| 309 | + | 30 Indiana or a successor regional entity or partnership for the |
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| 310 | + | 31 development and implementation of a regional economic |
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| 311 | + | 32 development strategy to assist the residents of Orange |
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| 312 | + | 33 County and the counties contiguous to Orange County in |
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| 313 | + | 34 improving their quality of life and to help promote |
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| 314 | + | 35 successful and sustainable communities. |
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| 315 | + | 36 To the extent possible, the Indiana economic development |
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| 316 | + | 37 corporation shall provide for the transfer under item (i) to be |
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| 317 | + | 38 made in four (4) equal installments. However, an amount |
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| 318 | + | 39 sufficient to meet current obligations to retire or refinance |
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| 319 | + | 40 indebtedness or leases for which tax revenues under this |
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| 320 | + | 41 section were pledged before January 1, 2015, by the Orange |
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| 321 | + | 42 County development commission shall be paid to the Orange |
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| 322 | + | 2022(ts) IN 418—LS 7237/DI 92 8 |
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| 323 | + | 1 County development commission before making distributions |
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| 324 | + | 2 to the South Central Indiana Regional Economic Development |
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| 325 | + | 3 Corporation and Radius Indiana or their successor entities or |
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| 326 | + | 4 partnerships. The amount paid to the Orange County |
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| 327 | + | 5 development commission shall proportionally reduce the |
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| 328 | + | 6 amount payable to the South Central Indiana Regional |
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| 329 | + | 7 Economic Development Corporation and Radius Indiana or |
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| 330 | + | 8 their successor entities or partnerships. |
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| 331 | + | 9 (c) This subsection does not apply to tax revenue remitted by an |
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| 332 | + | 10 inland casino operating in Vigo County. For each city and county |
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| 333 | + | 11 receiving money under subsection (a)(2), the auditor of state shall |
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| 334 | + | 12 determine the total amount of money paid by the auditor of state to the |
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| 335 | + | 13 city or county during the state fiscal year 2002. The amount determined |
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| 336 | + | 14 is the base year revenue for the city or county. The auditor of state shall |
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| 337 | + | 15 certify the base year revenue determined under this subsection to the |
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| 338 | + | 16 city or county. The total amount of money distributed to a city or |
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| 339 | + | 17 county under this section during a state fiscal year may not exceed the |
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| 340 | + | 18 entity's base year revenue. For each state fiscal year, the auditor of state |
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| 341 | + | 19 shall pay that part of the riverboat wagering taxes that: |
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| 342 | + | 20 (1) exceeds a particular city's or county's base year revenue; and |
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| 343 | + | 21 (2) would otherwise be due to the city or county under this |
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| 344 | + | 22 section; |
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| 345 | + | 23 to the state general fund instead of to the city or county. |
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| 346 | + | 24 (d) Except as provided in subsections (k) and (l), before August 15 |
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| 347 | + | 25 of each year, the auditor of state shall distribute the wagering taxes set |
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| 348 | + | 26 aside for revenue sharing under subsection (a)(1) to the county |
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| 349 | + | 27 treasurer of each county that does not have a riverboat according to the |
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| 350 | + | 28 ratio that the county's population bears to the total population of the |
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| 351 | + | 29 counties that do not have a riverboat. Except as provided in subsection |
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| 352 | + | 30 (g), the county auditor shall distribute the money received by the |
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| 353 | + | 31 county under this subsection as follows: |
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| 354 | + | 32 (1) To each city located in the county according to the ratio the |
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| 355 | + | 33 city's population bears to the total population of the county. |
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| 356 | + | 34 (2) To each town located in the county according to the ratio the |
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| 357 | + | 35 town's population bears to the total population of the county. |
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| 358 | + | 36 (3) After the distributions required in subdivisions (1) and (2) are |
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| 359 | + | 37 made, the remainder shall be retained by the county. |
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| 360 | + | 38 (e) Money received by a city, town, or county under subsection (d) |
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| 361 | + | 39 or (g) may be used for any of the following purposes: |
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| 362 | + | 40 (1) To reduce the property tax levy of the city, town, or county for |
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| 363 | + | 41 a particular year (a property tax reduction under this subdivision |
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| 364 | + | 42 does not reduce the maximum levy of the city, town, or county |
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| 365 | + | 2022(ts) IN 418—LS 7237/DI 92 9 |
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| 366 | + | 1 under IC 6-1.1-18.5). |
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| 367 | + | 2 (2) For deposit in a special fund or allocation fund created under |
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| 368 | + | 3 IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and |
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| 369 | + | 4 IC 36-7-30 to provide funding for debt repayment. |
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| 370 | + | 5 (3) To fund sewer and water projects, including storm water |
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| 371 | + | 6 management projects. |
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| 372 | + | 7 (4) For police and fire pensions. |
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| 373 | + | 8 (5) To carry out any governmental purpose for which the money |
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| 374 | + | 9 is appropriated by the fiscal body of the city, town, or county. |
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| 375 | + | 10 Money used under this subdivision does not reduce the property |
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| 376 | + | 11 tax levy of the city, town, or county for a particular year or reduce |
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| 377 | + | 12 the maximum levy of the city, town, or county under |
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| 378 | + | 13 IC 6-1.1-18.5. |
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| 379 | + | 14 (f) This subsection does not apply to an inland casino operating in |
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| 380 | + | 15 Vigo County. Before July 15 of each year, the auditor of state shall |
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| 381 | + | 16 determine the total amount of money distributed to an entity under |
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| 382 | + | 17 IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal year. If |
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| 383 | + | 18 the auditor of state determines that the total amount of money |
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| 384 | + | 19 distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the |
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| 385 | + | 20 preceding state fiscal year was less than the entity's base year revenue |
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| 386 | + | 21 (as determined under IC 4-33-12-9), the auditor of state shall make a |
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| 387 | + | 22 supplemental distribution to the entity from taxes collected under this |
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| 388 | + | 23 chapter and deposited into the state general fund. Except as provided |
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| 389 | + | 24 in subsection (h), the amount of an entity's supplemental distribution |
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| 390 | + | 25 is equal to: |
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| 391 | + | 26 (1) the entity's base year revenue (as determined under |
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| 392 | + | 27 IC 4-33-12-9); minus |
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| 393 | + | 28 (2) the sum of: |
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| 394 | + | 29 (A) the total amount of money distributed to the entity and |
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| 395 | + | 30 constructively received by the entity during the preceding state |
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| 396 | + | 31 fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus |
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| 397 | + | 32 (B) the amount of any admissions taxes deducted under |
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| 398 | + | 33 IC 6-3.1-20-7. |
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| 399 | + | 34 (g) This subsection applies only to a county containing a |
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| 400 | + | 35 consolidated city. Marion County. The county auditor shall distribute |
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| 401 | + | 36 the money received by the county under subsection (d) as follows: |
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| 402 | + | 37 (1) To each city, other than a the consolidated city, located in the |
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| 403 | + | 38 county according to the ratio that the city's population bears to the |
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| 404 | + | 39 total population of the county. |
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| 405 | + | 40 (2) To each town located in the county according to the ratio that |
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| 406 | + | 41 the town's population bears to the total population of the county. |
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| 407 | + | 42 (3) After the distributions required in subdivisions (1) and (2) are |
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| 408 | + | 2022(ts) IN 418—LS 7237/DI 92 10 |
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| 409 | + | 1 made, the remainder shall be paid in equal amounts to the |
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| 410 | + | 2 consolidated city and the county. |
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| 411 | + | 3 (h) This subsection does not apply to an inland casino operating in |
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| 412 | + | 4 Vigo County. This subsection applies to a supplemental distribution |
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| 413 | + | 5 made after June 30, 2017. The maximum amount of money that may be |
---|
| 414 | + | 6 distributed under subsection (f) in a state fiscal year is equal to the |
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| 415 | + | 7 following: |
---|
| 416 | + | 8 (1) Before July 1, 2021, forty-eight million dollars ($48,000,000). |
---|
| 417 | + | 9 (2) After June 30, 2021, if the total adjusted gross receipts |
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| 418 | + | 10 received by licensees from gambling games authorized under this |
---|
| 419 | + | 11 article during the preceding state fiscal year is equal to or greater |
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| 420 | + | 12 than the total adjusted gross receipts received by licensees from |
---|
| 421 | + | 13 gambling games authorized under this article during the state |
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| 422 | + | 14 fiscal year ending June 30, 2020, the maximum amount is |
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| 423 | + | 15 forty-eight million dollars ($48,000,000). |
---|
| 424 | + | 16 (3) After June 30, 2021, if the total adjusted gross receipts |
---|
| 425 | + | 17 received by licensees from gambling games authorized under this |
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| 426 | + | 18 article during the preceding state fiscal year is less than the total |
---|
| 427 | + | 19 adjusted gross receipts received by licensees from gambling |
---|
| 428 | + | 20 games authorized under this article during the state fiscal year |
---|
| 429 | + | 21 ending June 30, 2020, the maximum amount is equal to the result |
---|
| 430 | + | 22 of: |
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| 431 | + | 23 (A) forty-eight million dollars ($48,000,000); multiplied by |
---|
| 432 | + | 24 (B) the result of: |
---|
| 433 | + | 25 (i) the total adjusted gross receipts received by licensees |
---|
| 434 | + | 26 from gambling games authorized under this article during |
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| 435 | + | 27 the preceding state fiscal year; divided by |
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| 436 | + | 28 (ii) the total adjusted gross receipts received by licensees |
---|
| 437 | + | 29 from gambling games authorized under this article during |
---|
| 438 | + | the state fiscal year ending June 30, 2020.30 |
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| 439 | + | 31 If the total amount determined under subsection (f) exceeds the |
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| 440 | + | 32 maximum amount determined under this subsection, the amount |
---|
| 441 | + | 33 distributed to an entity under subsection (f) must be reduced according |
---|
| 442 | + | 34 to the ratio that the amount distributed to the entity under IC 4-33-12-6 |
---|
| 443 | + | 35 or IC 4-33-12-8 bears to the total amount distributed under |
---|
| 444 | + | 36 IC 4-33-12-6 and IC 4-33-12-8 to all entities receiving a supplemental |
---|
| 445 | + | 37 distribution. |
---|
| 446 | + | 38 (i) This subsection applies to a supplemental distribution, if any, |
---|
| 447 | + | 39 payable to Lake County, Hammond, Gary, or East Chicago under |
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| 448 | + | 40 subsections (f) and (h). Beginning in July 2016, the auditor of state |
---|
| 449 | + | 41 shall, after making any deductions from the supplemental distribution |
---|
| 450 | + | 42 required by IC 6-3.1-20-7, deduct from the remainder of the |
---|
| 451 | + | 2022(ts) IN 418—LS 7237/DI 92 11 |
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| 452 | + | 1 supplemental distribution otherwise payable to the unit under this |
---|
| 453 | + | 2 section the lesser of: |
---|
| 454 | + | 3 (1) the remaining amount of the supplemental distribution; or |
---|
| 455 | + | 4 (2) the difference, if any, between: |
---|
| 456 | + | 5 (A) three million five hundred thousand dollars ($3,500,000); |
---|
| 457 | + | 6 minus |
---|
| 458 | + | 7 (B) the amount of admissions taxes constructively received by |
---|
| 459 | + | the unit in the previous state fiscal year.8 |
---|
| 460 | + | 9 The auditor of state shall distribute the amounts deducted under this |
---|
| 461 | + | 10 subsection to the northwest Indiana redevelopment authority |
---|
| 462 | + | 11 established under IC 36-7.5-2-1 for deposit in the development |
---|
| 463 | + | 12 authority revenue fund established under IC 36-7.5-4-1. |
---|
| 464 | + | 13 (j) Money distributed to a political subdivision under subsection (b): |
---|
| 465 | + | 14 (1) must be paid to the fiscal officer of the political subdivision |
---|
| 466 | + | 15 and may be deposited in the political subdivision's general fund |
---|
| 467 | + | 16 (in the case of a school corporation, the school corporation may |
---|
| 468 | + | 17 deposit the money into either the education fund (IC 20-40-2) or |
---|
| 469 | + | 18 the operations fund (IC 20-40-18)) or riverboat fund established |
---|
| 470 | + | 19 under IC 36-1-8-9, or both; |
---|
| 471 | + | 20 (2) may not be used to reduce the maximum levy under |
---|
| 472 | + | 21 IC 6-1.1-18.5 of a county, city, or town or the maximum tax rate |
---|
| 473 | + | 22 of a school corporation, but, except as provided in subsection |
---|
| 474 | + | 23 (b)(3)(B), may be used at the discretion of the political |
---|
| 475 | + | 24 subdivision to reduce the property tax levy of the county, city, or |
---|
| 476 | + | 25 town for a particular year; |
---|
| 477 | + | 26 (3) except as provided in subsection (b)(3)(B), may be used for |
---|
| 478 | + | 27 any legal or corporate purpose of the political subdivision, |
---|
| 479 | + | 28 including the pledge of money to bonds, leases, or other |
---|
| 480 | + | 29 obligations under IC 5-1-14-4; and |
---|
| 481 | + | 30 (4) is considered miscellaneous revenue. |
---|
| 482 | + | 31 Money distributed under subsection (b)(3)(B) must be used for the |
---|
| 483 | + | 32 purposes specified in subsection (b)(3)(B). |
---|
| 484 | + | 33 (k) After June 30, 2020, the amount of wagering taxes that would |
---|
| 485 | + | 34 otherwise be distributed to South Bend under subsection (d) shall be |
---|
| 486 | + | 35 deposited as being received from all riverboats whose supplemental |
---|
| 487 | + | 36 wagering tax, as calculated under IC 4-33-12-1.5(b), is over three and |
---|
| 488 | + | 37 five-tenths percent (3.5%). The amount deposited under this |
---|
| 489 | + | 38 subsection, in each riverboat's account, is proportionate to the |
---|
| 490 | + | 39 supplemental wagering tax received from that riverboat under |
---|
| 491 | + | 40 IC 4-33-12-1.5 in the month of July. The amount deposited under this |
---|
| 492 | + | 41 subsection must be distributed in the same manner as the supplemental |
---|
| 493 | + | 42 wagering tax collected under IC 4-33-12-1.5. This subsection expires |
---|
| 494 | + | 2022(ts) IN 418—LS 7237/DI 92 12 |
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| 495 | + | 1 June 30, 2021. |
---|
| 496 | + | 2 (l) After June 30, 2021, the amount of wagering taxes that would |
---|
| 497 | + | 3 otherwise be distributed to South Bend under subsection (d) shall be |
---|
| 498 | + | 4 withheld and deposited in the state general fund. |
---|
| 499 | + | 5 SECTION 3. IC 5-2-1-9, AS AMENDED BY P.L.21-2022, |
---|
| 500 | + | 6 SECTION 4, AND AS AMENDED BY P.L.175-2022, SECTION 1, IS |
---|
| 501 | + | 7 CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 502 | + | 8 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The board shall adopt in |
---|
| 503 | + | 9 accordance with IC 4-22-2 all necessary rules to carry out the |
---|
| 504 | + | 10 provisions of this chapter. The rules, which shall be adopted only after |
---|
| 505 | + | 11 necessary and proper investigation and inquiry by the board, shall |
---|
| 506 | + | 12 include the establishment of the following: |
---|
| 507 | + | 13 (1) A consistent and uniform statewide deadly force policy and |
---|
| 508 | + | 14 training program, that is consistent with state and federal law. |
---|
| 509 | + | 15 Upon adoption by the law enforcement training board, the policy |
---|
| 510 | + | 16 and training program must be implemented, without modification, |
---|
| 511 | + | 17 by all Indiana law enforcement agencies, offices, or departments. |
---|
| 512 | + | 18 (2) A consistent and uniform statewide defensive tactics policy |
---|
| 513 | + | 19 and training program, that is consistent with state and federal |
---|
| 514 | + | 20 law. Upon adoption by the law enforcement training board, the |
---|
| 515 | + | 21 policy and training program must be implemented, without |
---|
| 516 | + | 22 modification, by all Indiana law enforcement agencies, offices, or |
---|
| 517 | + | 23 departments. |
---|
| 518 | + | 24 (3) A uniform statewide minimum standard for vehicle pursuits |
---|
| 519 | + | 25 consistent with state and federal law. |
---|
| 520 | + | 26 (1) (4) Minimum standards of physical, educational, mental, and |
---|
| 521 | + | 27 moral fitness which shall govern the acceptance of any person for |
---|
| 522 | + | 28 training by any law enforcement training school or academy |
---|
| 523 | + | 29 meeting or exceeding the minimum standards established |
---|
| 524 | + | 30 pursuant to this chapter. |
---|
| 525 | + | 31 (2) (5) Minimum standards for law enforcement training schools |
---|
| 526 | + | 32 administered by towns, cities, counties, law enforcement training |
---|
| 527 | + | 33 centers, agencies, or departments of the state. |
---|
| 528 | + | 34 (3) (6) Minimum standards for courses of study, attendance |
---|
| 529 | + | 35 requirements, equipment, and facilities for approved town, city, |
---|
| 530 | + | 36 county, and state law enforcement officer, police reserve officer, |
---|
| 531 | + | 37 and conservation reserve officer training schools. |
---|
| 532 | + | 38 (4) (7) Minimum standards for a course of study on cultural |
---|
| 533 | + | 39 diversity awareness, including training on the U nonimmigrant |
---|
| 534 | + | 40 visa created through the federal Victims of Trafficking and |
---|
| 535 | + | 41 Violence Protection Act of 2000 (P.L. 106-386) that must be |
---|
| 536 | + | 42 required for each person accepted for training at a law |
---|
| 537 | + | 2022(ts) IN 418—LS 7237/DI 92 13 |
---|
| 538 | + | 1 enforcement training school or academy. Cultural diversity |
---|
| 539 | + | 2 awareness study must include an understanding of cultural issues |
---|
| 540 | + | 3 related to race, religion, gender, age, domestic violence, national |
---|
| 541 | + | 4 origin, and physical and mental disabilities. |
---|
| 542 | + | 5 (5) (8) Minimum qualifications for instructors at approved law |
---|
| 543 | + | 6 enforcement training schools. |
---|
| 544 | + | 7 (6) (9) Minimum basic training requirements which law |
---|
| 545 | + | 8 enforcement officers appointed to probationary terms shall |
---|
| 546 | + | 9 complete before being eligible for continued or permanent |
---|
| 547 | + | 10 employment. |
---|
| 548 | + | 11 (7) (10) Minimum basic training requirements which law |
---|
| 549 | + | 12 enforcement officers appointed on other than a permanent basis |
---|
| 550 | + | 13 shall complete in order to be eligible for continued employment |
---|
| 551 | + | 14 or permanent appointment. |
---|
| 552 | + | 15 (8) (11) Minimum basic training requirements which law |
---|
| 553 | + | 16 enforcement officers appointed on a permanent basis shall |
---|
| 554 | + | 17 complete in order to be eligible for continued employment. |
---|
| 555 | + | 18 (9) (12) Minimum basic training requirements for each person |
---|
| 556 | + | 19 accepted for training at a law enforcement training school or |
---|
| 557 | + | 20 academy that include six (6) hours of training in interacting with: |
---|
| 558 | + | 21 (A) persons with autism, mental illness, addictive disorders, |
---|
| 559 | + | 22 intellectual disabilities, and developmental disabilities; |
---|
| 560 | + | 23 (B) missing endangered adults (as defined in IC 12-7-2-131.3); |
---|
| 561 | + | 24 and |
---|
| 562 | + | 25 (C) persons with Alzheimer's disease or related senile |
---|
| 563 | + | 26 dementia; |
---|
| 564 | + | 27 to be provided by persons approved by the secretary of family and |
---|
| 565 | + | 28 social services and the board. The training must include an |
---|
| 566 | + | 29 overview of the crisis intervention teams. |
---|
| 567 | + | 30 (10) (13) Minimum standards for a course of study on human and |
---|
| 568 | + | 31 sexual trafficking that must be required for each person accepted |
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| 569 | + | 32 for training at a law enforcement training school or academy and |
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| 570 | + | 33 for inservice training programs for law enforcement officers. The |
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| 571 | + | 34 course must cover the following topics: |
---|
| 572 | + | 35 (A) Examination of the human and sexual trafficking laws (IC |
---|
| 573 | + | 36 35-42-3.5). |
---|
| 574 | + | 37 (B) Identification of human and sexual trafficking. |
---|
| 575 | + | 38 (C) Communicating with traumatized persons. |
---|
| 576 | + | 39 (D) Therapeutically appropriate investigative techniques. |
---|
| 577 | + | 40 (E) Collaboration with federal law enforcement officials. |
---|
| 578 | + | 41 (F) Rights of and protections afforded to victims. |
---|
| 579 | + | 42 (G) Providing documentation that satisfies the Declaration of |
---|
| 580 | + | 2022(ts) IN 418—LS 7237/DI 92 14 |
---|
| 581 | + | 1 Law Enforcement Officer for Victim of Trafficking in Persons |
---|
| 582 | + | 2 (Form I-914, Supplement B) requirements established under |
---|
| 583 | + | 3 federal law. |
---|
| 584 | + | 4 (H) The availability of community resources to assist human |
---|
| 585 | + | 5 and sexual trafficking victims. |
---|
| 586 | + | 6 (11) (14) Minimum standards for ongoing specialized, intensive, |
---|
| 587 | + | 7 and integrative training for persons responsible for investigating |
---|
| 588 | + | 8 sexual assault cases involving adult victims. This training must |
---|
| 589 | + | 9 include instruction on: |
---|
| 590 | + | 10 (A) the neurobiology of trauma; |
---|
| 591 | + | 11 (B) trauma informed interviewing; and |
---|
| 592 | + | 12 (C) investigative techniques. |
---|
| 593 | + | 13 (12) (15) Minimum standards for de-escalation training. |
---|
| 594 | + | 14 De-escalation training shall be taught as a part of existing |
---|
| 595 | + | 15 use-of-force training and not as a separate topic. |
---|
| 596 | + | 16 (16) Minimum standards regarding best practices for crowd |
---|
| 597 | + | 17 control, protests, and First Amendment activities. |
---|
| 598 | + | 18 All statewide policies and minimum standards shall be documented in |
---|
| 599 | + | 19 writing and published on the ILEA website. Any policy, standard, or |
---|
| 600 | + | 20 training program implemented, adopted, or promulgated by a vote of |
---|
| 601 | + | 21 the board may only subsequently be modified or rescinded by a |
---|
| 602 | + | 22 two-thirds (2/3) majority vote of the board. |
---|
| 603 | + | 23 (b) A law enforcement officer appointed after July 5, 1972, and |
---|
| 604 | + | 24 before July 1, 1993, may not enforce the laws or ordinances of the state |
---|
| 605 | + | 25 or any political subdivision unless the officer has, within one (1) year |
---|
| 606 | + | 26 from the date of appointment, successfully completed the minimum |
---|
| 607 | + | 27 basic training requirements established under this chapter by the board. |
---|
| 608 | + | 28 If a person fails to successfully complete the basic training |
---|
| 609 | + | 29 requirements within one (1) year from the date of employment, the |
---|
| 610 | + | 30 officer may not perform any of the duties of a law enforcement officer |
---|
| 611 | + | 31 involving control or direction of members of the public or exercising |
---|
| 612 | + | 32 the power of arrest until the officer has successfully completed the |
---|
| 613 | + | 33 training requirements. This subsection does not apply to any law |
---|
| 614 | + | 34 enforcement officer appointed before July 6, 1972, or after June 30, |
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| 615 | + | 35 1993. |
---|
| 616 | + | 36 (c) Military leave or other authorized leave of absence from law |
---|
| 617 | + | 37 enforcement duty during the first year of employment after July 6, |
---|
| 618 | + | 38 1972, shall toll the running of the first year, which shall be calculated |
---|
| 619 | + | 39 by the aggregate of the time before and after the leave, for the purposes |
---|
| 620 | + | 40 of this chapter. |
---|
| 621 | + | 41 (d) Except as provided in subsections (e), (m), (t), and (u), a law |
---|
| 622 | + | 42 enforcement officer appointed to a law enforcement department or |
---|
| 623 | + | 2022(ts) IN 418—LS 7237/DI 92 15 |
---|
| 624 | + | 1 agency after June 30, 1993, may not: |
---|
| 625 | + | 2 (1) make an arrest; |
---|
| 626 | + | 3 (2) conduct a search or a seizure of a person or property; or |
---|
| 627 | + | 4 (3) carry a firearm; |
---|
| 628 | + | 5 unless the law enforcement officer successfully completes, at a board |
---|
| 629 | + | 6 certified law enforcement academy or at a law enforcement training |
---|
| 630 | + | 7 center under section 10.5 or 15.2 of this chapter, the basic training |
---|
| 631 | + | 8 requirements established by the board under this chapter. |
---|
| 632 | + | 9 (e) This subsection does not apply to: |
---|
| 633 | + | 10 (1) a gaming agent employed as a law enforcement officer by the |
---|
| 634 | + | 11 Indiana gaming commission; or |
---|
| 635 | + | 12 (2) an: |
---|
| 636 | + | 13 (A) attorney; or |
---|
| 637 | + | 14 (B) investigator; |
---|
| 638 | + | 15 designated by the securities commissioner as a police officer of |
---|
| 639 | + | 16 the state under IC 23-19-6-1(k). |
---|
| 640 | + | 17 Before a law enforcement officer appointed after June 30, 1993, |
---|
| 641 | + | 18 completes the basic training requirements, the law enforcement officer |
---|
| 642 | + | 19 may exercise the police powers described in subsection (d) if the |
---|
| 643 | + | 20 officer successfully completes the pre-basic course established in |
---|
| 644 | + | 21 subsection (f). Successful completion of the pre-basic course authorizes |
---|
| 645 | + | 22 a law enforcement officer to exercise the police powers described in |
---|
| 646 | + | 23 subsection (d) for one (1) year after the date the law enforcement |
---|
| 647 | + | 24 officer is appointed. |
---|
| 648 | + | 25 (f) The board shall adopt rules under IC 4-22-2 to establish a |
---|
| 649 | + | 26 pre-basic course for the purpose of training: |
---|
| 650 | + | 27 (1) law enforcement officers; |
---|
| 651 | + | 28 (2) police reserve officers (as described in IC 36-8-3-20); and |
---|
| 652 | + | 29 (3) conservation reserve officers (as described in IC 14-9-8-27); |
---|
| 653 | + | 30 regarding the subjects of arrest, search and seizure, the lawful use of |
---|
| 654 | + | 31 force, de-escalation training, interacting with individuals with autism, |
---|
| 655 | + | 32 and the operation of an emergency vehicle. The pre-basic course must |
---|
| 656 | + | 33 be offered on a periodic basis throughout the year at regional sites |
---|
| 657 | + | 34 statewide. The pre-basic course must consist of at least forty (40) hours |
---|
| 658 | + | 35 of course work. The board may prepare the classroom part of the |
---|
| 659 | + | 36 pre-basic course using available technology in conjunction with live |
---|
| 660 | + | 37 instruction. The board shall provide the course material, the instructors, |
---|
| 661 | + | 38 and the facilities at the regional sites throughout the state that are used |
---|
| 662 | + | 39 for the pre-basic course. In addition, the board may certify pre-basic |
---|
| 663 | + | 40 courses that may be conducted by other public or private training |
---|
| 664 | + | 41 entities, including postsecondary educational institutions. |
---|
| 665 | + | 42 (g) Subject to subsection (h), the board shall adopt rules under |
---|
| 666 | + | 2022(ts) IN 418—LS 7237/DI 92 16 |
---|
| 667 | + | 1 IC 4-22-2 to establish a mandatory inservice training program for |
---|
| 668 | + | 2 police officers and police reserve officers (as described in |
---|
| 669 | + | 3 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has |
---|
| 670 | + | 4 satisfactorily completed basic training and has been appointed to a law |
---|
| 671 | + | 5 enforcement department or agency on either a full-time or part-time |
---|
| 672 | + | 6 basis is not eligible for continued employment unless the officer |
---|
| 673 | + | 7 satisfactorily completes the mandatory inservice training requirements |
---|
| 674 | + | 8 established by rules adopted by the board. Inservice training must |
---|
| 675 | + | 9 include de-escalation training. Inservice training must also include |
---|
| 676 | + | 10 training in interacting with persons with mental illness, addictive |
---|
| 677 | + | 11 disorders, intellectual disabilities, autism, developmental disabilities, |
---|
| 678 | + | 12 and Alzheimer's disease or related senile dementia, to be provided by |
---|
| 679 | + | 13 persons approved by the secretary of family and social services and the |
---|
| 680 | + | 14 board, and training concerning human and sexual trafficking and high |
---|
| 681 | + | 15 risk missing persons (as defined in IC 5-2-17-1). The board may |
---|
| 682 | + | 16 approve courses offered by other public or private training entities, |
---|
| 683 | + | 17 including postsecondary educational institutions, as necessary in order |
---|
| 684 | + | 18 to ensure the availability of an adequate number of inservice training |
---|
| 685 | + | 19 programs. The board may waive an officer's inservice training |
---|
| 686 | + | 20 requirements if the board determines that the officer's reason for |
---|
| 687 | + | 21 lacking the required amount of inservice training hours is due to either |
---|
| 688 | + | 22 an emergency situation or the unavailability of courses. |
---|
| 689 | + | 23 (h) This subsection applies only to a mandatory inservice training |
---|
| 690 | + | 24 program under subsection (g). Notwithstanding subsection (g), the |
---|
| 691 | + | 25 board may, without adopting rules under IC 4-22-2, modify the course |
---|
| 692 | + | 26 work of a training subject matter, modify the number of hours of |
---|
| 693 | + | 27 training required within a particular subject matter, or add a new |
---|
| 694 | + | 28 subject matter, if the board satisfies the following requirements: |
---|
| 695 | + | 29 (1) The board must conduct at least two (2) public meetings on |
---|
| 696 | + | 30 the proposed modification or addition. |
---|
| 697 | + | 31 (2) After approving the modification or addition at a public |
---|
| 698 | + | 32 meeting, the board must post notice of the modification or |
---|
| 699 | + | 33 addition on the Indiana law enforcement academy's Internet web |
---|
| 700 | + | 34 site at least thirty (30) days before the modification or addition |
---|
| 701 | + | 35 takes effect. |
---|
| 702 | + | 36 If the board does not satisfy the requirements of this subsection, the |
---|
| 703 | + | 37 modification or addition is void. This subsection does not authorize the |
---|
| 704 | + | 38 board to eliminate any inservice training subject matter required under |
---|
| 705 | + | 39 subsection (g). |
---|
| 706 | + | 40 (i) The board shall also adopt rules establishing a town marshal |
---|
| 707 | + | 41 basic training program, subject to the following: |
---|
| 708 | + | 42 (1) The program must require fewer hours of instruction and class |
---|
| 709 | + | 2022(ts) IN 418—LS 7237/DI 92 17 |
---|
| 710 | + | 1 attendance and fewer courses of study than are required for the |
---|
| 711 | + | 2 mandated basic training program. |
---|
| 712 | + | 3 (2) Certain parts of the course materials may be studied by a |
---|
| 713 | + | 4 candidate at the candidate's home in order to fulfill requirements |
---|
| 714 | + | 5 of the program. |
---|
| 715 | + | 6 (3) Law enforcement officers successfully completing the |
---|
| 716 | + | 7 requirements of the program are eligible for appointment only in |
---|
| 717 | + | 8 towns employing the town marshal system (IC 36-5-7) and having |
---|
| 718 | + | 9 not more than one (1) marshal and two (2) deputies. |
---|
| 719 | + | 10 (4) The limitation imposed by subdivision (3) does not apply to an |
---|
| 720 | + | 11 officer who has successfully completed the mandated basic |
---|
| 721 | + | 12 training program. |
---|
| 722 | + | 13 (5) The time limitations imposed by subsections (b) and (c) for |
---|
| 723 | + | 14 completing the training are also applicable to the town marshal |
---|
| 724 | + | 15 basic training program. |
---|
| 725 | + | 16 (6) The program must require training in interacting with |
---|
| 726 | + | 17 individuals with autism. |
---|
| 727 | + | 18 (j) The board shall adopt rules under IC 4-22-2 to establish an |
---|
| 728 | + | 19 executive training program. The executive training program must |
---|
| 729 | + | 20 include training in the following areas: |
---|
| 730 | + | 21 (1) Liability. |
---|
| 731 | + | 22 (2) Media relations. |
---|
| 732 | + | 23 (3) Accounting and administration. |
---|
| 733 | + | 24 (4) Discipline. |
---|
| 734 | + | 25 (5) Department policy making. |
---|
| 735 | + | 26 (6) Lawful use of force and de-escalation training. |
---|
| 736 | + | 27 (7) Department programs. |
---|
| 737 | + | 28 (8) Emergency vehicle operation. |
---|
| 738 | + | 29 (9) Cultural diversity. |
---|
| 739 | + | 30 (k) A police chief shall apply for admission to the executive training |
---|
| 740 | + | 31 program within two (2) months of the date the police chief initially |
---|
| 741 | + | 32 takes office. A police chief must successfully complete the executive |
---|
| 742 | + | 33 training program within six (6) months of the date the police chief |
---|
| 743 | + | 34 initially takes office. However, if space in the executive training |
---|
| 744 | + | 35 program is not available at a time that will allow completion of the |
---|
| 745 | + | 36 executive training program within six (6) months of the date the police |
---|
| 746 | + | 37 chief initially takes office, the police chief must successfully complete |
---|
| 747 | + | 38 the next available executive training program that is offered after the |
---|
| 748 | + | 39 police chief initially takes office. |
---|
| 749 | + | 40 (l) A police chief who fails to comply with subsection (k) may not |
---|
| 750 | + | 41 continue to serve as the police chief until completion of the executive |
---|
| 751 | + | 42 training program. For the purposes of this subsection and subsection |
---|
| 752 | + | 2022(ts) IN 418—LS 7237/DI 92 18 |
---|
| 753 | + | 1 (k), "police chief" refers to: |
---|
| 754 | + | 2 (1) the police chief of any city; |
---|
| 755 | + | 3 (2) the police chief of any town having a metropolitan police |
---|
| 756 | + | 4 department; and |
---|
| 757 | + | 5 (3) the chief of a consolidated law enforcement department |
---|
| 758 | + | 6 established under IC 36-3-1-5.1. |
---|
| 759 | + | 7 A town marshal is not considered to be a police chief for these |
---|
| 760 | + | 8 purposes, but a town marshal may enroll in the executive training |
---|
| 761 | + | 9 program. |
---|
| 762 | + | 10 (m) A fire investigator in the department of homeland security |
---|
| 763 | + | 11 appointed after December 31, 1993, is required to comply with the |
---|
| 764 | + | 12 basic training standards established under this chapter. |
---|
| 765 | + | 13 (n) The board shall adopt rules under IC 4-22-2 to establish a |
---|
| 766 | + | 14 program to certify handgun safety courses, including courses offered |
---|
| 767 | + | 15 in the private sector, that meet standards approved by the board for |
---|
| 768 | + | 16 training probation officers in handgun safety as required by |
---|
| 769 | + | 17 IC 11-13-1-3.5(3). IC 11-13-1-3.5(2). |
---|
| 770 | + | 18 (o) The board shall adopt rules under IC 4-22-2 to establish a |
---|
| 771 | + | 19 refresher course for an officer who: |
---|
| 772 | + | 20 (1) is hired by an Indiana law enforcement department or agency |
---|
| 773 | + | 21 as a law enforcement officer; |
---|
| 774 | + | 22 (2) has not been employed as a law enforcement officer for: |
---|
| 775 | + | 23 (A) at least two (2) years; and |
---|
| 776 | + | 24 (B) less than six (6) years before the officer is hired under |
---|
| 777 | + | 25 subdivision (1); and |
---|
| 778 | + | 26 (3) completed at any time a basic training course certified or |
---|
| 779 | + | 27 recognized by the board before the officer is hired under |
---|
| 780 | + | 28 subdivision (1). |
---|
| 781 | + | 29 (p) An officer to whom subsection (o) applies must successfully |
---|
| 782 | + | 30 complete the refresher course described in subsection (o) not later than |
---|
| 783 | + | 31 six (6) months after the officer's date of hire, or the officer loses the |
---|
| 784 | + | 32 officer's powers of: |
---|
| 785 | + | 33 (1) arrest; |
---|
| 786 | + | 34 (2) search; and |
---|
| 787 | + | 35 (3) seizure. |
---|
| 788 | + | 36 (q) The board shall adopt rules under IC 4-22-2 to establish a |
---|
| 789 | + | 37 refresher course for an officer who: |
---|
| 790 | + | 38 (1) is appointed by an Indiana law enforcement department or |
---|
| 791 | + | 39 agency as a reserve police officer; and |
---|
| 792 | + | 40 (2) has not worked as a reserve police officer for at least two (2) |
---|
| 793 | + | 41 years after: |
---|
| 794 | + | 42 (A) completing the pre-basic course; or |
---|
| 795 | + | 2022(ts) IN 418—LS 7237/DI 92 19 |
---|
| 796 | + | 1 (B) leaving the individual's last appointment as a reserve |
---|
| 797 | + | 2 police officer. |
---|
| 798 | + | 3 An officer to whom this subsection applies must successfully complete |
---|
| 799 | + | 4 the refresher course established by the board in order to work as a |
---|
| 800 | + | 5 reserve police officer. |
---|
| 801 | + | 6 (r) This subsection applies to an individual who, at the time the |
---|
| 802 | + | 7 individual completes a board certified or recognized basic training |
---|
| 803 | + | 8 course, has not been appointed as a law enforcement officer by an |
---|
| 804 | + | 9 Indiana law enforcement department or agency. If the individual is not |
---|
| 805 | + | 10 employed as a law enforcement officer for at least two (2) years after |
---|
| 806 | + | 11 completing the basic training course, the individual must successfully |
---|
| 807 | + | 12 retake and complete the basic training course as set forth in subsection |
---|
| 808 | + | 13 (d). |
---|
| 809 | + | 14 (s) The board shall adopt rules under IC 4-22-2 to establish a |
---|
| 810 | + | 15 refresher course for an individual who: |
---|
| 811 | + | 16 (1) is appointed as a board certified instructor of law enforcement |
---|
| 812 | + | 17 training; and |
---|
| 813 | + | 18 (2) has not provided law enforcement training instruction for |
---|
| 814 | + | 19 more than one (1) year after the date the individual's instructor |
---|
| 815 | + | 20 certification expired. |
---|
| 816 | + | 21 An individual to whom this subsection applies must successfully |
---|
| 817 | + | 22 complete the refresher course established by the board in order to |
---|
| 818 | + | 23 renew the individual's instructor certification. |
---|
| 819 | + | 24 (t) This subsection applies only to a gaming agent employed as a |
---|
| 820 | + | 25 law enforcement officer by the Indiana gaming commission. A gaming |
---|
| 821 | + | 26 agent appointed after June 30, 2005, may exercise the police powers |
---|
| 822 | + | 27 described in subsection (d) if: |
---|
| 823 | + | 28 (1) the agent successfully completes the pre-basic course |
---|
| 824 | + | 29 established in subsection (f); and |
---|
| 825 | + | 30 (2) the agent successfully completes any other training courses |
---|
| 826 | + | 31 established by the Indiana gaming commission in conjunction |
---|
| 827 | + | 32 with the board. |
---|
| 828 | + | 33 (u) This subsection applies only to a securities enforcement officer |
---|
| 829 | + | 34 designated as a law enforcement officer by the securities |
---|
| 830 | + | 35 commissioner. A securities enforcement officer may exercise the police |
---|
| 831 | + | 36 powers described in subsection (d) if: |
---|
| 832 | + | 37 (1) the securities enforcement officer successfully completes the |
---|
| 833 | + | 38 pre-basic course established in subsection (f); and |
---|
| 834 | + | 39 (2) the securities enforcement officer successfully completes any |
---|
| 835 | + | 40 other training courses established by the securities commissioner |
---|
| 836 | + | 41 in conjunction with the board. |
---|
| 837 | + | 42 (v) As used in this section, "upper level policymaking position" |
---|
| 838 | + | 2022(ts) IN 418—LS 7237/DI 92 20 |
---|
| 839 | + | 1 refers to the following: |
---|
| 840 | + | 2 (1) If the authorized size of the department or town marshal |
---|
| 841 | + | 3 system is not more than ten (10) members, the term refers to the |
---|
| 842 | + | 4 position held by the police chief or town marshal. |
---|
| 843 | + | 5 (2) If the authorized size of the department or town marshal |
---|
| 844 | + | 6 system is more than ten (10) members but less than fifty-one (51) |
---|
| 845 | + | 7 members, the term refers to: |
---|
| 846 | + | 8 (A) the position held by the police chief or town marshal; and |
---|
| 847 | + | 9 (B) each position held by the members of the police |
---|
| 848 | + | 10 department or town marshal system in the next rank and pay |
---|
| 849 | + | 11 grade immediately below the police chief or town marshal. |
---|
| 850 | + | 12 (3) If the authorized size of the department or town marshal |
---|
| 851 | + | 13 system is more than fifty (50) members, the term refers to: |
---|
| 852 | + | 14 (A) the position held by the police chief or town marshal; and |
---|
| 853 | + | 15 (B) each position held by the members of the police |
---|
| 854 | + | 16 department or town marshal system in the next two (2) ranks |
---|
| 855 | + | 17 and pay grades immediately below the police chief or town |
---|
| 856 | + | 18 marshal. |
---|
| 857 | + | 19 (w) This subsection applies only to a correctional police officer |
---|
| 858 | + | 20 employed by the department of correction. A correctional police officer |
---|
| 859 | + | 21 may exercise the police powers described in subsection (d) if: |
---|
| 860 | + | 22 (1) the officer successfully completes the pre-basic course |
---|
| 861 | + | 23 described in subsection (f); and |
---|
| 862 | + | 24 (2) the officer successfully completes any other training courses |
---|
| 863 | + | 25 established by the department of correction in conjunction with |
---|
| 864 | + | 26 the board. |
---|
| 865 | + | 27 (x) This subsection applies only to the sexual assault training |
---|
| 866 | + | 28 described in subsection (a)(11). (a)(14). The board shall: |
---|
| 867 | + | 29 (1) consult with experts on the neurobiology of trauma, trauma |
---|
| 868 | + | 30 informed interviewing, and investigative techniques in developing |
---|
| 869 | + | 31 the sexual assault training; and |
---|
| 870 | + | 32 (2) develop the sexual assault training and begin offering the |
---|
| 871 | + | 33 training not later than July 1, 2022. |
---|
| 872 | + | 34 (y) After July 1, 2023, a law enforcement officer who regularly |
---|
| 873 | + | 35 investigates sexual assaults involving adult victims must complete the |
---|
| 874 | + | 36 training requirements described in subsection (a)(11) (a)(14) within |
---|
| 875 | + | 37 one (1) year of being assigned to regularly investigate sexual assaults |
---|
| 876 | + | 38 involving adult victims. |
---|
| 877 | + | 39 (z) A law enforcement officer who regularly investigates sexual |
---|
| 878 | + | 40 assaults involving adult victims may complete the training |
---|
| 879 | + | 41 requirements described in subsection (a)(11) (a)(14) by attending a: |
---|
| 880 | + | 42 (1) statewide or national training; or |
---|
| 881 | + | 2022(ts) IN 418—LS 7237/DI 92 21 |
---|
| 882 | + | 1 (2) department hosted local training. |
---|
| 883 | + | 2 (aa) Notwithstanding any other provisions of this section, the board |
---|
| 884 | + | 3 is authorized to establish certain required standards of training and |
---|
| 885 | + | 4 procedure. |
---|
| 886 | + | 5 SECTION 4. IC 5-10-13-2, AS AMENDED BY P.L.170-2022, |
---|
| 887 | + | 6 SECTION 1, AND AS AMENDED BY P.L.119-2022, SECTION 5, IS |
---|
| 888 | + | 7 CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 889 | + | 8 [EFFECTIVE JULY 1, 2023]: Sec. 2. As used in this chapter, |
---|
| 890 | + | 9 "employee" means an individual who: |
---|
| 891 | + | 10 (1) is employed full time by the state or a political subdivision of |
---|
| 892 | + | 11 the state as: |
---|
| 893 | + | 12 (A) a member of a fire department (as defined in IC 36-8-1-8); |
---|
| 894 | + | 13 (B) an emergency medical services provider (as defined in |
---|
| 895 | + | 14 IC 16-41-10-1); |
---|
| 896 | + | 15 (C) a member of a police department (as defined in |
---|
| 897 | + | 16 IC 36-8-1-9); |
---|
| 898 | + | 17 (D) a correctional officer (as defined in IC 5-10-10-1.5); |
---|
| 899 | + | 18 (E) a state police officer; |
---|
| 900 | + | 19 (F) a county police officer; |
---|
| 901 | + | 20 (G) a county sheriff; |
---|
| 902 | + | 21 (H) an excise police officer; |
---|
| 903 | + | 22 (I) a conservation enforcement officer; |
---|
| 904 | + | 23 (J) a town marshal; |
---|
| 905 | + | 24 (K) a deputy town marshal; |
---|
| 906 | + | 25 (L) a department of homeland security fire investigator; or |
---|
| 907 | + | 26 (L) (M) a member of a consolidated law enforcement |
---|
| 908 | + | 27 department established under IC 36-3-1-5.1; |
---|
| 909 | + | 28 (M) (N) a county coroner; or |
---|
| 910 | + | 29 (N) (O) a deputy county coroner; |
---|
| 911 | + | 30 (2) in the course of the individual's employment is at high risk for |
---|
| 912 | + | 31 occupational exposure to an exposure risk disease; and |
---|
| 913 | + | 32 (3) is not employed elsewhere in a similar capacity. |
---|
| 914 | + | 33 SECTION 5. IC 6-1.1-12.1-1, AS AMENDED BY P.L.8-2022, |
---|
| 915 | + | 34 SECTION 2, AND AS AMENDED BY P.L.174-2022, SECTION 26, |
---|
| 916 | + | 35 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 917 | + | 36 [EFFECTIVE JULY 1, 2022]: Sec. 1. For purposes of this chapter: |
---|
| 918 | + | 37 (1) "Economic revitalization area" means an area which is within |
---|
| 919 | + | 38 the corporate limits of a city, town, or county which has become |
---|
| 920 | + | 39 undesirable for, or impossible of, normal development and |
---|
| 921 | + | 40 occupancy because of a lack of development, cessation of growth, |
---|
| 922 | + | 41 deterioration of improvements or character of occupancy, age, |
---|
| 923 | + | 42 obsolescence, substandard buildings, or other factors which have |
---|
| 924 | + | 2022(ts) IN 418—LS 7237/DI 92 22 |
---|
| 925 | + | 1 impaired values or prevent a normal development of property or |
---|
| 926 | + | 2 use of property. The term "economic revitalization area" also |
---|
| 927 | + | 3 includes: |
---|
| 928 | + | 4 (A) any area where a facility or a group of facilities that are |
---|
| 929 | + | 5 technologically, economically, or energy obsolete are located |
---|
| 930 | + | 6 and where the obsolescence may lead to a decline in |
---|
| 931 | + | 7 employment and tax revenues; and |
---|
| 932 | + | 8 (B) a residentially distressed area, except as otherwise |
---|
| 933 | + | 9 provided in this chapter; and |
---|
| 934 | + | 10 (C) an area of land classified as agricultural land for property |
---|
| 935 | + | 11 tax purposes that, as a condition of being designated an |
---|
| 936 | + | 12 economic revitalization area, will be predominately used for |
---|
| 937 | + | 13 agricultural purposes for a period specified by the designating |
---|
| 938 | + | 14 body. |
---|
| 939 | + | 15 (2) "City" means any city in this state, and "town" means any town |
---|
| 940 | + | 16 incorporated under IC 36-5-1. |
---|
| 941 | + | 17 (3) "New manufacturing equipment" means tangible personal |
---|
| 942 | + | 18 property that a deduction applicant: |
---|
| 943 | + | 19 (A) installs on or before the approval deadline determined |
---|
| 944 | + | 20 under section 9 of this chapter, in an area that is declared an |
---|
| 945 | + | 21 economic revitalization area in which a deduction for tangible |
---|
| 946 | + | 22 personal property is allowed; |
---|
| 947 | + | 23 (B) uses in the direct production, manufacture, fabrication, |
---|
| 948 | + | 24 assembly, extraction, mining, processing, refining, or finishing |
---|
| 949 | + | 25 of other tangible personal property, including but not limited |
---|
| 950 | + | 26 to use to dispose of solid waste or hazardous waste by |
---|
| 951 | + | 27 converting the solid waste or hazardous waste into energy or |
---|
| 952 | + | 28 other useful products; |
---|
| 953 | + | 29 (C) acquires for use as described in clause (B): |
---|
| 954 | + | 30 (i) in an arms length transaction from an entity that is not an |
---|
| 955 | + | 31 affiliate of the deduction applicant, if the tangible personal |
---|
| 956 | + | 32 property has been previously used in Indiana before the |
---|
| 957 | + | 33 installation described in clause (A); or |
---|
| 958 | + | 34 (ii) in any manner, if the tangible personal property has |
---|
| 959 | + | 35 never been previously used in Indiana before the installation |
---|
| 960 | + | 36 described in clause (A); and |
---|
| 961 | + | 37 (D) has never used for any purpose in Indiana before the |
---|
| 962 | + | 38 installation described in clause (A). |
---|
| 963 | + | 39 (4) "Property" means a building or structure, but does not include |
---|
| 964 | + | 40 land. |
---|
| 965 | + | 41 (5) "Redevelopment" means the construction of new structures, |
---|
| 966 | + | 42 in economic revitalization areas, either: |
---|
| 967 | + | 2022(ts) IN 418—LS 7237/DI 92 23 |
---|
| 968 | + | 1 (A) on unimproved real estate; or |
---|
| 969 | + | 2 (B) on real estate upon which a prior existing structure is |
---|
| 970 | + | 3 demolished to allow for a new construction. |
---|
| 971 | + | 4 (6) "Rehabilitation" means the remodeling, repair, or betterment |
---|
| 972 | + | 5 of property in any manner or any enlargement or extension of |
---|
| 973 | + | 6 property. |
---|
| 974 | + | 7 (7) "Designating body" means the following: |
---|
| 975 | + | 8 (A) For a county that does not contain a consolidated city, the |
---|
| 976 | + | 9 fiscal body of the county, city, or town. |
---|
| 977 | + | 10 (B) For a county containing a consolidated city, the |
---|
| 978 | + | 11 metropolitan development commission. The jurisdiction of the |
---|
| 979 | + | 12 designating body includes a rehabilitation or redevelopment |
---|
| 980 | + | 13 project under this chapter that falls within the boundaries of |
---|
| 981 | + | 14 an excluded city, as defined in IC 36-3-1-7. |
---|
| 982 | + | 15 (8) "Deduction application" means: |
---|
| 983 | + | 16 (A) the application filed in accordance with section 5 of this |
---|
| 984 | + | 17 chapter by a property owner who desires to obtain the |
---|
| 985 | + | 18 deduction provided by section 3 of this chapter; |
---|
| 986 | + | 19 (B) the application filed in accordance with section 5.4 of this |
---|
| 987 | + | 20 chapter by a person who desires to obtain the deduction |
---|
| 988 | + | 21 provided by section 4.5 of this chapter; or |
---|
| 989 | + | 22 (C) the application filed in accordance with section 5.3 of this |
---|
| 990 | + | 23 chapter by a property owner that desires to obtain the |
---|
| 991 | + | 24 deduction provided by section 4.8 of this chapter. |
---|
| 992 | + | 25 (9) "Designation application" means an application that is filed |
---|
| 993 | + | 26 with a designating body to assist that body in making a |
---|
| 994 | + | 27 determination about whether a particular area should be |
---|
| 995 | + | 28 designated as an economic revitalization area. |
---|
| 996 | + | 29 (10) "Hazardous waste" has the meaning set forth in |
---|
| 997 | + | 30 IC 13-11-2-99(a). The term includes waste determined to be a |
---|
| 998 | + | 31 hazardous waste under IC 13-22-2-3(b). |
---|
| 999 | + | 32 (11) "Solid waste" has the meaning set forth in IC 13-11-2-205(a). |
---|
| 1000 | + | 33 However, the term does not include dead animals or any animal |
---|
| 1001 | + | 34 solid or semisolid wastes. |
---|
| 1002 | + | 35 (12) "New research and development equipment" means tangible |
---|
| 1003 | + | 36 personal property that: |
---|
| 1004 | + | 37 (A) a deduction applicant installs on or before the approval |
---|
| 1005 | + | 38 deadline determined under section 9 of this chapter, in an |
---|
| 1006 | + | 39 economic revitalization area in which a deduction for tangible |
---|
| 1007 | + | 40 personal property is allowed; |
---|
| 1008 | + | 41 (B) consists of: |
---|
| 1009 | + | 42 (i) laboratory equipment; |
---|
| 1010 | + | 2022(ts) IN 418—LS 7237/DI 92 24 |
---|
| 1011 | + | 1 (ii) research and development equipment; |
---|
| 1012 | + | 2 (iii) computers and computer software; |
---|
| 1013 | + | 3 (iv) telecommunications equipment; or |
---|
| 1014 | + | 4 (v) testing equipment; |
---|
| 1015 | + | 5 (C) the deduction applicant uses in research and development |
---|
| 1016 | + | 6 activities devoted directly and exclusively to experimental or |
---|
| 1017 | + | 7 laboratory research and development for new products, new |
---|
| 1018 | + | 8 uses of existing products, or improving or testing existing |
---|
| 1019 | + | 9 products; |
---|
| 1020 | + | 10 (D) the deduction applicant acquires for purposes described in |
---|
| 1021 | + | 11 this subdivision: |
---|
| 1022 | + | 12 (i) in an arms length transaction from an entity that is not an |
---|
| 1023 | + | 13 affiliate of the deduction applicant, if the tangible personal |
---|
| 1024 | + | 14 property has been previously used in Indiana before the |
---|
| 1025 | + | 15 installation described in clause (A); or |
---|
| 1026 | + | 16 (ii) in any manner, if the tangible personal property has |
---|
| 1027 | + | 17 never been previously used in Indiana before the installation |
---|
| 1028 | + | 18 described in clause (A); and |
---|
| 1029 | + | 19 (E) the deduction applicant has never used for any purpose in |
---|
| 1030 | + | 20 Indiana before the installation described in clause (A). |
---|
| 1031 | + | 21 The term does not include equipment installed in facilities used |
---|
| 1032 | + | 22 for or in connection with efficiency surveys, management studies, |
---|
| 1033 | + | 23 consumer surveys, economic surveys, advertising or promotion, |
---|
| 1034 | + | 24 or research in connection with literacy, history, or similar |
---|
| 1035 | + | 25 projects. |
---|
| 1036 | + | 26 (13) "New logistical distribution equipment" means tangible |
---|
| 1037 | + | 27 personal property that: |
---|
| 1038 | + | 28 (A) a deduction applicant installs on or before the approval |
---|
| 1039 | + | 29 deadline determined under section 9 of this chapter, in an |
---|
| 1040 | + | 30 economic revitalization area in which a deduction for tangible |
---|
| 1041 | + | 31 personal property is allowed; |
---|
| 1042 | + | 32 (B) consists of: |
---|
| 1043 | + | 33 (i) racking equipment; |
---|
| 1044 | + | 34 (ii) scanning or coding equipment; |
---|
| 1045 | + | 35 (iii) separators; |
---|
| 1046 | + | 36 (iv) conveyors; |
---|
| 1047 | + | 37 (v) fork lifts or lifting equipment (including "walk |
---|
| 1048 | + | 38 behinds"); |
---|
| 1049 | + | 39 (vi) transitional moving equipment; |
---|
| 1050 | + | 40 (vii) packaging equipment; |
---|
| 1051 | + | 41 (viii) sorting and picking equipment; or |
---|
| 1052 | + | 42 (ix) software for technology used in logistical distribution; |
---|
| 1053 | + | 2022(ts) IN 418—LS 7237/DI 92 25 |
---|
| 1054 | + | 1 (C) the deduction applicant acquires for the storage or |
---|
| 1055 | + | 2 distribution of goods, services, or information: |
---|
| 1056 | + | 3 (i) in an arms length transaction from an entity that is not an |
---|
| 1057 | + | 4 affiliate of the deduction applicant, if the tangible personal |
---|
| 1058 | + | 5 property has been previously used in Indiana before the |
---|
| 1059 | + | 6 installation described in clause (A); and |
---|
| 1060 | + | 7 (ii) in any manner, if the tangible personal property has |
---|
| 1061 | + | 8 never been previously used in Indiana before the installation |
---|
| 1062 | + | 9 described in clause (A); and |
---|
| 1063 | + | 10 (D) the deduction applicant has never used for any purpose in |
---|
| 1064 | + | 11 Indiana before the installation described in clause (A). |
---|
| 1065 | + | 12 (14) "New farm equipment" means tangible personal property |
---|
| 1066 | + | 13 that: |
---|
| 1067 | + | 14 (A) a deduction applicant installs after June 30, 2022, and on |
---|
| 1068 | + | 15 or before the approval deadline determined under section 9 of |
---|
| 1069 | + | 16 this chapter, in an area that will be predominately used for |
---|
| 1070 | + | 17 agricultural purposes for a period specified by the designating |
---|
| 1071 | + | 18 body as a condition of being declared an economic |
---|
| 1072 | + | 19 revitalization area; |
---|
| 1073 | + | 20 (B) is used in the direct production, extraction, harvesting, or |
---|
| 1074 | + | 21 processing of agricultural commodities for sale on land |
---|
| 1075 | + | 22 classified as agricultural land for property tax purposes; |
---|
| 1076 | + | 23 (C) was acquired for use as described in clause (B) in an arms |
---|
| 1077 | + | 24 length transaction from an entity that is not an affiliate of the |
---|
| 1078 | + | 25 deduction applicant; and |
---|
| 1079 | + | 26 (D) the deduction applicant never used for any purpose in |
---|
| 1080 | + | 27 Indiana before the installation described in clause (A). |
---|
| 1081 | + | 28 (15) "New agricultural improvement" means any improvement |
---|
| 1082 | + | 29 made to land classified as agricultural land for tax purposes that |
---|
| 1083 | + | 30 is placed in service after December 31, 2022, and that will be |
---|
| 1084 | + | 31 predominately used for agricultural purposes for a period |
---|
| 1085 | + | 32 specified by the designating body as a condition of being |
---|
| 1086 | + | 33 declared an economic revitalization area. The term includes a |
---|
| 1087 | + | 34 barn, grain bin, or silo. |
---|
| 1088 | + | 35 (14) (16) "New information technology equipment" means |
---|
| 1089 | + | 36 tangible personal property that: |
---|
| 1090 | + | 37 (A) a deduction applicant installs on or before the approval |
---|
| 1091 | + | 38 deadline determined under section 9 of this chapter, in an |
---|
| 1092 | + | 39 economic revitalization area in which a deduction for tangible |
---|
| 1093 | + | 40 personal property is allowed; |
---|
| 1094 | + | 41 (B) consists of equipment, including software, used in the |
---|
| 1095 | + | 42 fields of: |
---|
| 1096 | + | 2022(ts) IN 418—LS 7237/DI 92 26 |
---|
| 1097 | + | 1 (i) information processing; |
---|
| 1098 | + | 2 (ii) office automation; |
---|
| 1099 | + | 3 (iii) telecommunication facilities and networks; |
---|
| 1100 | + | 4 (iv) informatics; |
---|
| 1101 | + | 5 (v) network administration; |
---|
| 1102 | + | 6 (vi) software development; and |
---|
| 1103 | + | 7 (vii) fiber optics; |
---|
| 1104 | + | 8 (C) the deduction applicant acquires in an arms length |
---|
| 1105 | + | 9 transaction from an entity that is not an affiliate of the |
---|
| 1106 | + | 10 deduction applicant; and |
---|
| 1107 | + | 11 (D) the deduction applicant never used for any purpose in |
---|
| 1108 | + | 12 Indiana before the installation described in clause (A). |
---|
| 1109 | + | 13 (15) (17) "Deduction applicant" means an owner of tangible |
---|
| 1110 | + | 14 personal property who makes a deduction application. |
---|
| 1111 | + | 15 (16) (18) "Affiliate" means an entity that effectively controls or is |
---|
| 1112 | + | 16 controlled by a deduction applicant or is associated with a |
---|
| 1113 | + | 17 deduction applicant under common ownership or control, whether |
---|
| 1114 | + | 18 by shareholdings or other means. |
---|
| 1115 | + | 19 (17) (19) "Eligible vacant building" means a building that: |
---|
| 1116 | + | 20 (A) is zoned for commercial or industrial purposes; and |
---|
| 1117 | + | 21 (B) is unoccupied for at least one (1) year before the owner of |
---|
| 1118 | + | 22 the building or a tenant of the owner occupies the building, as |
---|
| 1119 | + | 23 evidenced by a valid certificate of occupancy, paid utility |
---|
| 1120 | + | 24 receipts, executed lease agreements, or any other evidence of |
---|
| 1121 | + | 25 occupation that the department of local government finance |
---|
| 1122 | + | 26 requires. |
---|
| 1123 | + | 27 SECTION 6. IC 6-3-1-3.5, AS AMENDED BY P.L.137-2022, |
---|
| 1124 | + | 28 SECTION 33, AND AS AMENDED BY P.L.168-2022, SECTION 1, |
---|
| 1125 | + | 29 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 1126 | + | 30 [EFFECTIVE MARCH 18, 2022 (RETROACTIVE)]: Sec. 3.5. When |
---|
| 1127 | + | 31 used in this article, the term "adjusted gross income" shall mean the |
---|
| 1128 | + | 32 following: |
---|
| 1129 | + | 33 (a) In the case of all individuals, "adjusted gross income" (as |
---|
| 1130 | + | 34 defined in Section 62 of the Internal Revenue Code), modified as |
---|
| 1131 | + | 35 follows: |
---|
| 1132 | + | 36 (1) Subtract income that is exempt from taxation under this article |
---|
| 1133 | + | 37 by the Constitution and statutes of the United States. |
---|
| 1134 | + | 38 (2) Except as provided in subsection (c), add an amount equal to |
---|
| 1135 | + | 39 any deduction or deductions allowed or allowable pursuant to |
---|
| 1136 | + | 40 Section 62 of the Internal Revenue Code for taxes based on or |
---|
| 1137 | + | 41 measured by income and levied at the state level by any state of |
---|
| 1138 | + | 42 the United States. |
---|
| 1139 | + | 2022(ts) IN 418—LS 7237/DI 92 27 |
---|
| 1140 | + | 1 (3) Subtract one thousand dollars ($1,000), or in the case of a |
---|
| 1141 | + | 2 joint return filed by a husband and wife, subtract for each spouse |
---|
| 1142 | + | 3 one thousand dollars ($1,000). |
---|
| 1143 | + | 4 (4) Subtract one thousand dollars ($1,000) for: |
---|
| 1144 | + | 5 (A) each of the exemptions provided by Section 151(c) of the |
---|
| 1145 | + | 6 Internal Revenue Code (as effective January 1, 2017); |
---|
| 1146 | + | 7 (B) each additional amount allowable under Section 63(f) of |
---|
| 1147 | + | 8 the Internal Revenue Code; and |
---|
| 1148 | + | 9 (C) the spouse of the taxpayer if a separate return is made by |
---|
| 1149 | + | 10 the taxpayer and if the spouse, for the calendar year in which |
---|
| 1150 | + | 11 the taxable year of the taxpayer begins, has no gross income |
---|
| 1151 | + | 12 and is not the dependent of another taxpayer. |
---|
| 1152 | + | 13 (5) Subtract: |
---|
| 1153 | + | 14 (A) one thousand five hundred dollars ($1,500) for each of the |
---|
| 1154 | + | 15 exemptions allowed under Section 151(c)(1)(B) of the Internal |
---|
| 1155 | + | 16 Revenue Code (as effective January 1, 2004); |
---|
| 1156 | + | 17 (B) one thousand five hundred dollars ($1,500) for each |
---|
| 1157 | + | 18 exemption allowed under Section 151(c) of the Internal |
---|
| 1158 | + | 19 Revenue Code (as effective January 1, 2017) for an individual: |
---|
| 1159 | + | 20 (i) who is less than nineteen (19) years of age or is a |
---|
| 1160 | + | 21 full-time student who is less than twenty-four (24) years of |
---|
| 1161 | + | 22 age; |
---|
| 1162 | + | 23 (ii) for whom the taxpayer is the legal guardian; and |
---|
| 1163 | + | 24 (iii) for whom the taxpayer does not claim an exemption |
---|
| 1164 | + | 25 under clause (A); and |
---|
| 1165 | + | 26 (C) five hundred dollars ($500) for each additional amount |
---|
| 1166 | + | 27 allowable under Section 63(f)(1) of the Internal Revenue Code |
---|
| 1167 | + | 28 if the federal adjusted gross income of the taxpayer, or the |
---|
| 1168 | + | 29 taxpayer and the taxpayer's spouse in the case of a joint return, |
---|
| 1169 | + | 30 is less than forty thousand dollars ($40,000). In the case of a |
---|
| 1170 | + | 31 married individual filing a separate return, the qualifying |
---|
| 1171 | + | 32 income amount in this clause is equal to twenty thousand |
---|
| 1172 | + | 33 dollars ($20,000). |
---|
| 1173 | + | 34 This amount is in addition to the amount subtracted under |
---|
| 1174 | + | 35 subdivision (4). |
---|
| 1175 | + | 36 (6) Subtract any amounts included in federal adjusted gross |
---|
| 1176 | + | 37 income under Section 111 of the Internal Revenue Code as a |
---|
| 1177 | + | 38 recovery of items previously deducted as an itemized deduction |
---|
| 1178 | + | 39 from adjusted gross income. |
---|
| 1179 | + | 40 (7) Subtract any amounts included in federal adjusted gross |
---|
| 1180 | + | 41 income under the Internal Revenue Code which amounts were |
---|
| 1181 | + | 42 received by the individual as supplemental railroad retirement |
---|
| 1182 | + | 2022(ts) IN 418—LS 7237/DI 92 28 |
---|
| 1183 | + | 1 annuities under 45 U.S.C. 231 and which are not deductible under |
---|
| 1184 | + | 2 subdivision (1). |
---|
| 1185 | + | 3 (8) Subtract an amount equal to the amount of federal Social |
---|
| 1186 | + | 4 Security and Railroad Retirement benefits included in a taxpayer's |
---|
| 1187 | + | 5 federal gross income by Section 86 of the Internal Revenue Code. |
---|
| 1188 | + | 6 (9) In the case of a nonresident taxpayer or a resident taxpayer |
---|
| 1189 | + | 7 residing in Indiana for a period of less than the taxpayer's entire |
---|
| 1190 | + | 8 taxable year, the total amount of the deductions allowed pursuant |
---|
| 1191 | + | 9 to subdivisions (3), (4), and (5) shall be reduced to an amount |
---|
| 1192 | + | 10 which bears the same ratio to the total as the taxpayer's income |
---|
| 1193 | + | 11 taxable in Indiana bears to the taxpayer's total income. |
---|
| 1194 | + | 12 (10) In the case of an individual who is a recipient of assistance |
---|
| 1195 | + | 13 under IC 12-10-6-1, IC 12-10-6-2.1, IC 12-15-2-2, or IC 12-15-7, |
---|
| 1196 | + | 14 subtract an amount equal to that portion of the individual's |
---|
| 1197 | + | 15 adjusted gross income with respect to which the individual is not |
---|
| 1198 | + | 16 allowed under federal law to retain an amount to pay state and |
---|
| 1199 | + | 17 local income taxes. |
---|
| 1200 | + | 18 (11) In the case of an eligible individual, subtract the amount of |
---|
| 1201 | + | 19 a Holocaust victim's settlement payment included in the |
---|
| 1202 | + | 20 individual's federal adjusted gross income. |
---|
| 1203 | + | 21 (12) Subtract an amount equal to the portion of any premiums |
---|
| 1204 | + | 22 paid during the taxable year by the taxpayer for a qualified long |
---|
| 1205 | + | 23 term care policy (as defined in IC 12-15-39.6-5) for the taxpayer |
---|
| 1206 | + | 24 or the taxpayer's spouse if the taxpayer and the taxpayer's spouse |
---|
| 1207 | + | 25 file a joint income tax return or the taxpayer is otherwise entitled |
---|
| 1208 | + | 26 to a deduction under this subdivision for the taxpayer's spouse, or |
---|
| 1209 | + | 27 both. |
---|
| 1210 | + | 28 (13) Subtract an amount equal to the lesser of: |
---|
| 1211 | + | 29 (A) two thousand five hundred dollars ($2,500), or one |
---|
| 1212 | + | 30 thousand two hundred fifty dollars ($1,250) in the case of a |
---|
| 1213 | + | 31 married individual filing a separate return; or |
---|
| 1214 | + | 32 (B) the amount of property taxes that are paid during the |
---|
| 1215 | + | 33 taxable year in Indiana by the individual on the individual's |
---|
| 1216 | + | 34 principal place of residence. |
---|
| 1217 | + | 35 (14) Subtract an amount equal to the amount of a September 11 |
---|
| 1218 | + | 36 terrorist attack settlement payment included in the individual's |
---|
| 1219 | + | 37 federal adjusted gross income. |
---|
| 1220 | + | 38 (15) Add or subtract the amount necessary to make the adjusted |
---|
| 1221 | + | 39 gross income of any taxpayer that owns property for which bonus |
---|
| 1222 | + | 40 depreciation was allowed in the current taxable year or in an |
---|
| 1223 | + | 41 earlier taxable year equal to the amount of adjusted gross income |
---|
| 1224 | + | 42 that would have been computed had an election not been made |
---|
| 1225 | + | 2022(ts) IN 418—LS 7237/DI 92 29 |
---|
| 1226 | + | 1 under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
| 1227 | + | 2 depreciation to the property in the year that it was placed in |
---|
| 1228 | + | 3 service. |
---|
| 1229 | + | 4 (16) Add an amount equal to any deduction allowed under |
---|
| 1230 | + | 5 Section 172 of the Internal Revenue Code (concerning net |
---|
| 1231 | + | 6 operating losses). |
---|
| 1232 | + | 7 (17) Add or subtract the amount necessary to make the adjusted |
---|
| 1233 | + | 8 gross income of any taxpayer that placed Section 179 property (as |
---|
| 1234 | + | 9 defined in Section 179 of the Internal Revenue Code) in service |
---|
| 1235 | + | 10 in the current taxable year or in an earlier taxable year equal to |
---|
| 1236 | + | 11 the amount of adjusted gross income that would have been |
---|
| 1237 | + | 12 computed had an election for federal income tax purposes not |
---|
| 1238 | + | 13 been made for the year in which the property was placed in |
---|
| 1239 | + | 14 service to take deductions under Section 179 of the Internal |
---|
| 1240 | + | 15 Revenue Code in a total amount exceeding the sum of: |
---|
| 1241 | + | 16 (A) twenty-five thousand dollars ($25,000) to the extent |
---|
| 1242 | + | 17 deductions under Section 179 of the Internal Revenue Code |
---|
| 1243 | + | 18 were not elected as provided in clause (B); and |
---|
| 1244 | + | 19 (B) for taxable years beginning after December 31, 2017, the |
---|
| 1245 | + | 20 deductions elected under Section 179 of the Internal Revenue |
---|
| 1246 | + | 21 Code on property acquired in an exchange if: |
---|
| 1247 | + | 22 (i) the exchange would have been eligible for |
---|
| 1248 | + | 23 nonrecognition of gain or loss under Section 1031 of the |
---|
| 1249 | + | 24 Internal Revenue Code in effect on January 1, 2017; |
---|
| 1250 | + | 25 (ii) the exchange is not eligible for nonrecognition of gain or |
---|
| 1251 | + | 26 loss under Section 1031 of the Internal Revenue Code; and |
---|
| 1252 | + | 27 (iii) the taxpayer made an election to take deductions under |
---|
| 1253 | + | 28 Section 179 of the Internal Revenue Code with regard to the |
---|
| 1254 | + | 29 acquired property in the year that the property was placed |
---|
| 1255 | + | 30 into service. |
---|
| 1256 | + | 31 The amount of deductions allowable for an item of property |
---|
| 1257 | + | 32 under this clause may not exceed the amount of adjusted gross |
---|
| 1258 | + | 33 income realized on the property that would have been deferred |
---|
| 1259 | + | 34 under the Internal Revenue Code in effect on January 1, 2017. |
---|
| 1260 | + | 35 (18) Subtract an amount equal to the amount of the taxpayer's |
---|
| 1261 | + | 36 qualified military income that was not excluded from the |
---|
| 1262 | + | 37 taxpayer's gross income for federal income tax purposes under |
---|
| 1263 | + | 38 Section 112 of the Internal Revenue Code. |
---|
| 1264 | + | 39 (19) Subtract income that is: |
---|
| 1265 | + | 40 (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
---|
| 1266 | + | 41 derived from patents); and |
---|
| 1267 | + | 42 (B) included in the individual's federal adjusted gross income |
---|
| 1268 | + | 2022(ts) IN 418—LS 7237/DI 92 30 |
---|
| 1269 | + | 1 under the Internal Revenue Code. |
---|
| 1270 | + | 2 (20) Add an amount equal to any income not included in gross |
---|
| 1271 | + | 3 income as a result of the deferral of income arising from business |
---|
| 1272 | + | 4 indebtedness discharged in connection with the reacquisition after |
---|
| 1273 | + | 5 December 31, 2008, and before January 1, 2011, of an applicable |
---|
| 1274 | + | 6 debt instrument, as provided in Section 108(i) of the Internal |
---|
| 1275 | + | 7 Revenue Code. Subtract the amount necessary from the adjusted |
---|
| 1276 | + | 8 gross income of any taxpayer that added an amount to adjusted |
---|
| 1277 | + | 9 gross income in a previous year to offset the amount included in |
---|
| 1278 | + | 10 federal gross income as a result of the deferral of income arising |
---|
| 1279 | + | 11 from business indebtedness discharged in connection with the |
---|
| 1280 | + | 12 reacquisition after December 31, 2008, and before January 1, |
---|
| 1281 | + | 13 2011, of an applicable debt instrument, as provided in Section |
---|
| 1282 | + | 14 108(i) of the Internal Revenue Code. |
---|
| 1283 | + | 15 (21) Add the amount excluded from federal gross income under |
---|
| 1284 | + | 16 Section 103 of the Internal Revenue Code for interest received on |
---|
| 1285 | + | 17 an obligation of a state other than Indiana, or a political |
---|
| 1286 | + | 18 subdivision of such a state, that is acquired by the taxpayer after |
---|
| 1287 | + | 19 December 31, 2011. |
---|
| 1288 | + | 20 (22) Subtract an amount as described in Section 1341(a)(2) of the |
---|
| 1289 | + | 21 Internal Revenue Code to the extent, if any, that the amount was |
---|
| 1290 | + | 22 previously included in the taxpayer's adjusted gross income for a |
---|
| 1291 | + | 23 prior taxable year. |
---|
| 1292 | + | 24 (23) For taxable years beginning after December 25, 2016, add an |
---|
| 1293 | + | 25 amount equal to the deduction for deferred foreign income that |
---|
| 1294 | + | 26 was claimed by the taxpayer for the taxable year under Section |
---|
| 1295 | + | 27 965(c) of the Internal Revenue Code. |
---|
| 1296 | + | 28 (24) Subtract any interest expense paid or accrued in the current |
---|
| 1297 | + | 29 taxable year but not deducted as a result of the limitation imposed |
---|
| 1298 | + | 30 under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
| 1299 | + | 31 interest expense paid or accrued in a previous taxable year but |
---|
| 1300 | + | 32 allowed as a deduction under Section 163 of the Internal Revenue |
---|
| 1301 | + | 33 Code in the current taxable year. For purposes of this subdivision, |
---|
| 1302 | + | 34 an interest expense is considered paid or accrued only in the first |
---|
| 1303 | + | 35 taxable year the deduction would have been allowable under |
---|
| 1304 | + | 36 Section 163 of the Internal Revenue Code if the limitation under |
---|
| 1305 | + | 37 Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
| 1306 | + | 38 (25) Subtract the amount that would have been excluded from |
---|
| 1307 | + | 39 gross income but for the enactment of Section 118(b)(2) of the |
---|
| 1308 | + | 40 Internal Revenue Code for taxable years ending after December |
---|
| 1309 | + | 41 22, 2017. |
---|
| 1310 | + | 42 (26) For taxable years beginning after December 31, 2019, and |
---|
| 1311 | + | 2022(ts) IN 418—LS 7237/DI 92 31 |
---|
| 1312 | + | 1 before January 1, 2021, add an amount of the deduction claimed |
---|
| 1313 | + | 2 under Section 62(a)(22) of the Internal Revenue Code. |
---|
| 1314 | + | 3 (27) For taxable years beginning after December 31, 2019, for |
---|
| 1315 | + | 4 payments made by an employer under an education assistance |
---|
| 1316 | + | 5 program after March 27, 2020: |
---|
| 1317 | + | 6 (A) add the amount of payments by an employer that are |
---|
| 1318 | + | 7 excluded from the taxpayer's federal gross income under |
---|
| 1319 | + | 8 Section 127(c)(1)(B) of the Internal Revenue Code; and |
---|
| 1320 | + | 9 (B) deduct the interest allowable under Section 221 of the |
---|
| 1321 | + | 10 Internal Revenue Code, if the disallowance under Section |
---|
| 1322 | + | 11 221(e)(1) of the Internal Revenue Code did not apply to the |
---|
| 1323 | + | 12 payments described in clause (A). For purposes of applying |
---|
| 1324 | + | 13 Section 221(b) of the Internal Revenue Code to the amount |
---|
| 1325 | + | 14 allowable under this clause, the amount under clause (A) shall |
---|
| 1326 | + | 15 not be added to adjusted gross income. |
---|
| 1327 | + | 16 (28) Add an amount equal to the remainder of: |
---|
| 1328 | + | 17 (A) the amount allowable as a deduction under Section 274(n) |
---|
| 1329 | + | 18 of the Internal Revenue Code; minus |
---|
| 1330 | + | 19 (B) the amount otherwise allowable as a deduction under |
---|
| 1331 | + | 20 Section 274(n) of the Internal Revenue Code, if Section |
---|
| 1332 | + | 21 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
| 1333 | + | 22 for amounts paid or incurred after December 31, 2020. |
---|
| 1334 | + | 23 (29) For taxable years beginning after December 31, 2017, and |
---|
| 1335 | + | 24 before January 1, 2021, add an amount equal to the excess |
---|
| 1336 | + | 25 business loss of the taxpayer as defined in Section 461(l)(3) of the |
---|
| 1337 | + | 26 Internal Revenue Code. In addition: |
---|
| 1338 | + | 27 (A) If a taxpayer has an excess business loss under this |
---|
| 1339 | + | 28 subdivision and also has modifications under subdivisions (15) |
---|
| 1340 | + | 29 and (17) for property placed in service during the taxable year, |
---|
| 1341 | + | 30 the taxpayer shall treat a portion of the taxable year |
---|
| 1342 | + | 31 modifications for that property as occurring in the taxable year |
---|
| 1343 | + | 32 the property is placed in service and a portion of the |
---|
| 1344 | + | 33 modifications as occurring in the immediately following |
---|
| 1345 | + | 34 taxable year. |
---|
| 1346 | + | 35 (B) The portion of the modifications under subdivisions (15) |
---|
| 1347 | + | 36 and (17) for property placed in service during the taxable year |
---|
| 1348 | + | 37 treated as occurring in the taxable year in which the property |
---|
| 1349 | + | 38 is placed in service equals: |
---|
| 1350 | + | 39 (i) the modification for the property otherwise determined |
---|
| 1351 | + | 40 under this section; minus |
---|
| 1352 | + | 41 (ii) the excess business loss disallowed under this |
---|
| 1353 | + | 42 subdivision; |
---|
| 1354 | + | 2022(ts) IN 418—LS 7237/DI 92 32 |
---|
| 1355 | + | 1 but not less than zero (0). |
---|
| 1356 | + | 2 (C) The portion of the modifications under subdivisions (15) |
---|
| 1357 | + | 3 and (17) for property placed in service during the taxable year |
---|
| 1358 | + | 4 treated as occurring in the taxable year immediately following |
---|
| 1359 | + | 5 the taxable year in which the property is placed in service |
---|
| 1360 | + | 6 equals the modification for the property otherwise determined |
---|
| 1361 | + | 7 under this section minus the amount in clause (B). |
---|
| 1362 | + | 8 (D) Any reallocation of modifications between taxable years |
---|
| 1363 | + | 9 under clauses (B) and (C) shall be first allocated to the |
---|
| 1364 | + | 10 modification under subdivision (15), then to the modification |
---|
| 1365 | + | 11 under subdivision (17). |
---|
| 1366 | + | 12 (30) Add an amount equal to the amount excluded from federal |
---|
| 1367 | + | 13 gross income under Section 108(f)(5) of the Internal Revenue |
---|
| 1368 | + | 14 Code. For purposes of this subdivision: |
---|
| 1369 | + | 15 (A) if an amount excluded under Section 108(f)(5) of the |
---|
| 1370 | + | 16 Internal Revenue Code would be excludible under Section |
---|
| 1371 | + | 17 108(a)(1)(B) of the Internal Revenue Code, the exclusion |
---|
| 1372 | + | 18 under Section 108(a)(1)(B) of the Internal Revenue Code shall |
---|
| 1373 | + | 19 take precedence; and |
---|
| 1374 | + | 20 (B) if an amount would have been excludible under Section |
---|
| 1375 | + | 21 108(f)(5) of the Internal Revenue Code as in effect on January |
---|
| 1376 | + | 22 1, 2020, the amount is not required to be added back under |
---|
| 1377 | + | 23 this subdivision. |
---|
| 1378 | + | 24 (31) For taxable years ending after March 12, 2020, subtract an |
---|
| 1379 | + | 25 amount equal to the deduction disallowed pursuant to: |
---|
| 1380 | + | 26 (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
| 1381 | + | 27 as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
| 1382 | + | 28 and Disaster Relief Tax Act (Division EE of Public Law |
---|
| 1383 | + | 29 116-260); and |
---|
| 1384 | + | 30 (B) Section 3134(e) of the Internal Revenue Code. |
---|
| 1385 | + | 31 (32) Subtract the amount of an annual grant amount distributed to |
---|
| 1386 | + | 32 a taxpayer's Indiana education scholarship account under |
---|
| 1387 | + | 33 IC 20-51.4-4-2 that is used for a qualified expense (as defined in |
---|
| 1388 | + | 34 IC 20-51.4-2-9) or to an Indiana enrichment scholarship account |
---|
| 1389 | + | 35 under IC 20-52 that is used for qualified expenses (as defined in |
---|
| 1390 | + | 36 IC 20-52-2-6), to the extent the distribution used for the qualified |
---|
| 1391 | + | 37 expense is included in the taxpayer's federal adjusted gross |
---|
| 1392 | + | 38 income under the Internal Revenue Code. |
---|
| 1393 | + | 39 (33) For taxable years beginning after December 31, 2019, and |
---|
| 1394 | + | 40 before January 1, 2021, add an amount equal to the amount of |
---|
| 1395 | + | 41 unemployment compensation excluded from federal gross income |
---|
| 1396 | + | 42 under Section 85(c) of the Internal Revenue Code. |
---|
| 1397 | + | 2022(ts) IN 418—LS 7237/DI 92 33 |
---|
| 1398 | + | 1 (34) For taxable years beginning after December 31, 2022, |
---|
| 1399 | + | 2 subtract an amount equal to the deduction disallowed under |
---|
| 1400 | + | 3 Section 280C(h) of the Internal Revenue Code. |
---|
| 1401 | + | 4 (34) (35) Subtract any other amounts the taxpayer is entitled to |
---|
| 1402 | + | 5 deduct under IC 6-3-2. |
---|
| 1403 | + | 6 (b) In the case of corporations, the same as "taxable income" (as |
---|
| 1404 | + | 7 defined in Section 63 of the Internal Revenue Code) adjusted as |
---|
| 1405 | + | 8 follows: |
---|
| 1406 | + | 9 (1) Subtract income that is exempt from taxation under this article |
---|
| 1407 | + | 10 by the Constitution and statutes of the United States. |
---|
| 1408 | + | 11 (2) Add an amount equal to any deduction or deductions allowed |
---|
| 1409 | + | 12 or allowable pursuant to Section 170 of the Internal Revenue |
---|
| 1410 | + | 13 Code (concerning charitable contributions). |
---|
| 1411 | + | 14 (3) Except as provided in subsection (c), add an amount equal to |
---|
| 1412 | + | 15 any deduction or deductions allowed or allowable pursuant to |
---|
| 1413 | + | 16 Section 63 of the Internal Revenue Code for taxes based on or |
---|
| 1414 | + | 17 measured by income and levied at the state level by any state of |
---|
| 1415 | + | 18 the United States. |
---|
| 1416 | + | 19 (4) Subtract an amount equal to the amount included in the |
---|
| 1417 | + | 20 corporation's taxable income under Section 78 of the Internal |
---|
| 1418 | + | 21 Revenue Code (concerning foreign tax credits). |
---|
| 1419 | + | 22 (5) Add or subtract the amount necessary to make the adjusted |
---|
| 1420 | + | 23 gross income of any taxpayer that owns property for which bonus |
---|
| 1421 | + | 24 depreciation was allowed in the current taxable year or in an |
---|
| 1422 | + | 25 earlier taxable year equal to the amount of adjusted gross income |
---|
| 1423 | + | 26 that would have been computed had an election not been made |
---|
| 1424 | + | 27 under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
| 1425 | + | 28 depreciation to the property in the year that it was placed in |
---|
| 1426 | + | 29 service. |
---|
| 1427 | + | 30 (6) Add an amount equal to any deduction allowed under Section |
---|
| 1428 | + | 31 172 of the Internal Revenue Code (concerning net operating |
---|
| 1429 | + | 32 losses). |
---|
| 1430 | + | 33 (7) Add or subtract the amount necessary to make the adjusted |
---|
| 1431 | + | 34 gross income of any taxpayer that placed Section 179 property (as |
---|
| 1432 | + | 35 defined in Section 179 of the Internal Revenue Code) in service |
---|
| 1433 | + | 36 in the current taxable year or in an earlier taxable year equal to |
---|
| 1434 | + | 37 the amount of adjusted gross income that would have been |
---|
| 1435 | + | 38 computed had an election for federal income tax purposes not |
---|
| 1436 | + | 39 been made for the year in which the property was placed in |
---|
| 1437 | + | 40 service to take deductions under Section 179 of the Internal |
---|
| 1438 | + | 41 Revenue Code in a total amount exceeding the sum of: |
---|
| 1439 | + | 42 (A) twenty-five thousand dollars ($25,000) to the extent |
---|
| 1440 | + | 2022(ts) IN 418—LS 7237/DI 92 34 |
---|
| 1441 | + | 1 deductions under Section 179 of the Internal Revenue Code |
---|
| 1442 | + | 2 were not elected as provided in clause (B); and |
---|
| 1443 | + | 3 (B) for taxable years beginning after December 31, 2017, the |
---|
| 1444 | + | 4 deductions elected under Section 179 of the Internal Revenue |
---|
| 1445 | + | 5 Code on property acquired in an exchange if: |
---|
| 1446 | + | 6 (i) the exchange would have been eligible for |
---|
| 1447 | + | 7 nonrecognition of gain or loss under Section 1031 of the |
---|
| 1448 | + | 8 Internal Revenue Code in effect on January 1, 2017; |
---|
| 1449 | + | 9 (ii) the exchange is not eligible for nonrecognition of gain or |
---|
| 1450 | + | 10 loss under Section 1031 of the Internal Revenue Code; and |
---|
| 1451 | + | 11 (iii) the taxpayer made an election to take deductions under |
---|
| 1452 | + | 12 Section 179 of the Internal Revenue Code with regard to the |
---|
| 1453 | + | 13 acquired property in the year that the property was placed |
---|
| 1454 | + | 14 into service. |
---|
| 1455 | + | 15 The amount of deductions allowable for an item of property |
---|
| 1456 | + | 16 under this clause may not exceed the amount of adjusted gross |
---|
| 1457 | + | 17 income realized on the property that would have been deferred |
---|
| 1458 | + | 18 under the Internal Revenue Code in effect on January 1, 2017. |
---|
| 1459 | + | 19 (8) Add to the extent required by IC 6-3-2-20: |
---|
| 1460 | + | 20 (A) the amount of intangible expenses (as defined in |
---|
| 1461 | + | 21 IC 6-3-2-20) for the taxable year that reduced the corporation's |
---|
| 1462 | + | 22 taxable income (as defined in Section 63 of the Internal |
---|
| 1463 | + | 23 Revenue Code) for federal income tax purposes; and |
---|
| 1464 | + | 24 (B) any directly related interest expenses (as defined in |
---|
| 1465 | + | 25 IC 6-3-2-20) that reduced the corporation's adjusted gross |
---|
| 1466 | + | 26 income (determined without regard to this subdivision). For |
---|
| 1467 | + | 27 purposes of this clause, any directly related interest expense |
---|
| 1468 | + | 28 that constitutes business interest within the meaning of Section |
---|
| 1469 | + | 29 163(j) of the Internal Revenue Code shall be considered to |
---|
| 1470 | + | 30 have reduced the taxpayer's federal taxable income only in the |
---|
| 1471 | + | 31 first taxable year in which the deduction otherwise would have |
---|
| 1472 | + | 32 been allowable under Section 163 of the Internal Revenue |
---|
| 1473 | + | 33 Code if the limitation under Section 163(j)(1) of the Internal |
---|
| 1474 | + | 34 Revenue Code did not exist. |
---|
| 1475 | + | 35 (9) Add an amount equal to any deduction for dividends paid (as |
---|
| 1476 | + | 36 defined in Section 561 of the Internal Revenue Code) to |
---|
| 1477 | + | 37 shareholders of a captive real estate investment trust (as defined |
---|
| 1478 | + | 38 in section 34.5 of this chapter). |
---|
| 1479 | + | 39 (10) Subtract income that is: |
---|
| 1480 | + | 40 (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
---|
| 1481 | + | 41 derived from patents); and |
---|
| 1482 | + | 42 (B) included in the corporation's taxable income under the |
---|
| 1483 | + | 2022(ts) IN 418—LS 7237/DI 92 35 |
---|
| 1484 | + | 1 Internal Revenue Code. |
---|
| 1485 | + | 2 (11) Add an amount equal to any income not included in gross |
---|
| 1486 | + | 3 income as a result of the deferral of income arising from business |
---|
| 1487 | + | 4 indebtedness discharged in connection with the reacquisition after |
---|
| 1488 | + | 5 December 31, 2008, and before January 1, 2011, of an applicable |
---|
| 1489 | + | 6 debt instrument, as provided in Section 108(i) of the Internal |
---|
| 1490 | + | 7 Revenue Code. Subtract from the adjusted gross income of any |
---|
| 1491 | + | 8 taxpayer that added an amount to adjusted gross income in a |
---|
| 1492 | + | 9 previous year the amount necessary to offset the amount included |
---|
| 1493 | + | 10 in federal gross income as a result of the deferral of income |
---|
| 1494 | + | 11 arising from business indebtedness discharged in connection with |
---|
| 1495 | + | 12 the reacquisition after December 31, 2008, and before January 1, |
---|
| 1496 | + | 13 2011, of an applicable debt instrument, as provided in Section |
---|
| 1497 | + | 14 108(i) of the Internal Revenue Code. |
---|
| 1498 | + | 15 (12) Add the amount excluded from federal gross income under |
---|
| 1499 | + | 16 Section 103 of the Internal Revenue Code for interest received on |
---|
| 1500 | + | 17 an obligation of a state other than Indiana, or a political |
---|
| 1501 | + | 18 subdivision of such a state, that is acquired by the taxpayer after |
---|
| 1502 | + | 19 December 31, 2011. |
---|
| 1503 | + | 20 (13) For taxable years beginning after December 25, 2016: |
---|
| 1504 | + | 21 (A) for a corporation other than a real estate investment trust, |
---|
| 1505 | + | 22 add: |
---|
| 1506 | + | 23 (i) an amount equal to the amount reported by the taxpayer |
---|
| 1507 | + | 24 on IRC 965 Transition Tax Statement, line 1; or |
---|
| 1508 | + | 25 (ii) if the taxpayer deducted an amount under Section 965(c) |
---|
| 1509 | + | 26 of the Internal Revenue Code in determining the taxpayer's |
---|
| 1510 | + | 27 taxable income for purposes of the federal income tax, the |
---|
| 1511 | + | 28 amount deducted under Section 965(c) of the Internal |
---|
| 1512 | + | 29 Revenue Code; and |
---|
| 1513 | + | 30 (B) for a real estate investment trust, add an amount equal to |
---|
| 1514 | + | 31 the deduction for deferred foreign income that was claimed by |
---|
| 1515 | + | 32 the taxpayer for the taxable year under Section 965(c) of the |
---|
| 1516 | + | 33 Internal Revenue Code, but only to the extent that the taxpayer |
---|
| 1517 | + | 34 included income pursuant to Section 965 of the Internal |
---|
| 1518 | + | 35 Revenue Code in its taxable income for federal income tax |
---|
| 1519 | + | 36 purposes or is required to add back dividends paid under |
---|
| 1520 | + | 37 subdivision (9). |
---|
| 1521 | + | 38 (14) Add an amount equal to the deduction that was claimed by |
---|
| 1522 | + | 39 the taxpayer for the taxable year under Section 250(a)(1)(B) of the |
---|
| 1523 | + | 40 Internal Revenue Code (attributable to global intangible |
---|
| 1524 | + | 41 low-taxed income). The taxpayer shall separately specify the |
---|
| 1525 | + | 42 amount of the reduction under Section 250(a)(1)(B)(i) of the |
---|
| 1526 | + | 2022(ts) IN 418—LS 7237/DI 92 36 |
---|
| 1527 | + | 1 Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the |
---|
| 1528 | + | 2 Internal Revenue Code. |
---|
| 1529 | + | 3 (15) Subtract any interest expense paid or accrued in the current |
---|
| 1530 | + | 4 taxable year but not deducted as a result of the limitation imposed |
---|
| 1531 | + | 5 under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
| 1532 | + | 6 interest expense paid or accrued in a previous taxable year but |
---|
| 1533 | + | 7 allowed as a deduction under Section 163 of the Internal Revenue |
---|
| 1534 | + | 8 Code in the current taxable year. For purposes of this subdivision, |
---|
| 1535 | + | 9 an interest expense is considered paid or accrued only in the first |
---|
| 1536 | + | 10 taxable year the deduction would have been allowable under |
---|
| 1537 | + | 11 Section 163 of the Internal Revenue Code if the limitation under |
---|
| 1538 | + | 12 Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
| 1539 | + | 13 (16) Subtract the amount that would have been excluded from |
---|
| 1540 | + | 14 gross income but for the enactment of Section 118(b)(2) of the |
---|
| 1541 | + | 15 Internal Revenue Code for taxable years ending after December |
---|
| 1542 | + | 16 22, 2017. |
---|
| 1543 | + | 17 (17) Add an amount equal to the remainder of: |
---|
| 1544 | + | 18 (A) the amount allowable as a deduction under Section 274(n) |
---|
| 1545 | + | 19 of the Internal Revenue Code; minus |
---|
| 1546 | + | 20 (B) the amount otherwise allowable as a deduction under |
---|
| 1547 | + | 21 Section 274(n) of the Internal Revenue Code, if Section |
---|
| 1548 | + | 22 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
| 1549 | + | 23 for amounts paid or incurred after December 31, 2020. |
---|
| 1550 | + | 24 (18) For taxable years ending after March 12, 2020, subtract an |
---|
| 1551 | + | 25 amount equal to the deduction disallowed pursuant to: |
---|
| 1552 | + | 26 (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
| 1553 | + | 27 as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
| 1554 | + | 28 and Disaster Relief Tax Act (Division EE of Public Law |
---|
| 1555 | + | 29 116-260); and |
---|
| 1556 | + | 30 (B) Section 3134(e) of the Internal Revenue Code. |
---|
| 1557 | + | 31 (19) For taxable years beginning after December 31, 2022, |
---|
| 1558 | + | 32 subtract an amount equal to the deduction disallowed under |
---|
| 1559 | + | 33 Section 280C(h) of the Internal Revenue Code. |
---|
| 1560 | + | 34 (19) (20) Add or subtract any other amounts the taxpayer is: |
---|
| 1561 | + | 35 (A) required to add or subtract; or |
---|
| 1562 | + | 36 (B) entitled to deduct; |
---|
| 1563 | + | 37 under IC 6-3-2. |
---|
| 1564 | + | 38 (c) The following apply to taxable years beginning after December |
---|
| 1565 | + | 39 31, 2018, for purposes of the add back of any deduction allowed on the |
---|
| 1566 | + | 40 taxpayer's federal income tax return for wagering taxes, as provided in |
---|
| 1567 | + | 41 subsection (a)(2) if the taxpayer is an individual or subsection (b)(3) if |
---|
| 1568 | + | 42 the taxpayer is a corporation: |
---|
| 1569 | + | 2022(ts) IN 418—LS 7237/DI 92 37 |
---|
| 1570 | + | 1 (1) For taxable years beginning after December 31, 2018, and |
---|
| 1571 | + | 2 before January 1, 2020, a taxpayer is required to add back under |
---|
| 1572 | + | 3 this section eighty-seven and five-tenths percent (87.5%) of any |
---|
| 1573 | + | 4 deduction allowed on the taxpayer's federal income tax return for |
---|
| 1574 | + | 5 wagering taxes. |
---|
| 1575 | + | 6 (2) For taxable years beginning after December 31, 2019, and |
---|
| 1576 | + | 7 before January 1, 2021, a taxpayer is required to add back under |
---|
| 1577 | + | 8 this section seventy-five percent (75%) of any deduction allowed |
---|
| 1578 | + | 9 on the taxpayer's federal income tax return for wagering taxes. |
---|
| 1579 | + | 10 (3) For taxable years beginning after December 31, 2020, and |
---|
| 1580 | + | 11 before January 1, 2022, a taxpayer is required to add back under |
---|
| 1581 | + | 12 this section sixty-two and five-tenths percent (62.5%) of any |
---|
| 1582 | + | 13 deduction allowed on the taxpayer's federal income tax return for |
---|
| 1583 | + | 14 wagering taxes. |
---|
| 1584 | + | 15 (4) For taxable years beginning after December 31, 2021, and |
---|
| 1585 | + | 16 before January 1, 2023, a taxpayer is required to add back under |
---|
| 1586 | + | 17 this section fifty percent (50%) of any deduction allowed on the |
---|
| 1587 | + | 18 taxpayer's federal income tax return for wagering taxes. |
---|
| 1588 | + | 19 (5) For taxable years beginning after December 31, 2022, and |
---|
| 1589 | + | 20 before January 1, 2024, a taxpayer is required to add back under |
---|
| 1590 | + | 21 this section thirty-seven and five-tenths percent (37.5%) of any |
---|
| 1591 | + | 22 deduction allowed on the taxpayer's federal income tax return for |
---|
| 1592 | + | 23 wagering taxes. |
---|
| 1593 | + | 24 (6) For taxable years beginning after December 31, 2023, and |
---|
| 1594 | + | 25 before January 1, 2025, a taxpayer is required to add back under |
---|
| 1595 | + | 26 this section twenty-five percent (25%) of any deduction allowed |
---|
| 1596 | + | 27 on the taxpayer's federal income tax return for wagering taxes. |
---|
| 1597 | + | 28 (7) For taxable years beginning after December 31, 2024, and |
---|
| 1598 | + | 29 before January 1, 2026, a taxpayer is required to add back under |
---|
| 1599 | + | 30 this section twelve and five-tenths percent (12.5%) of any |
---|
| 1600 | + | 31 deduction allowed on the taxpayer's federal income tax return for |
---|
| 1601 | + | 32 wagering taxes. |
---|
| 1602 | + | 33 (8) For taxable years beginning after December 31, 2025, a |
---|
| 1603 | + | 34 taxpayer is not required to add back under this section any amount |
---|
| 1604 | + | 35 of a deduction allowed on the taxpayer's federal income tax return |
---|
| 1605 | + | 36 for wagering taxes. |
---|
| 1606 | + | 37 (d) In the case of life insurance companies (as defined in Section |
---|
| 1607 | + | 38 816(a) of the Internal Revenue Code) that are organized under Indiana |
---|
| 1608 | + | 39 law, the same as "life insurance company taxable income" (as defined |
---|
| 1609 | + | 40 in Section 801 of the Internal Revenue Code), adjusted as follows: |
---|
| 1610 | + | 41 (1) Subtract income that is exempt from taxation under this article |
---|
| 1611 | + | 42 by the Constitution and statutes of the United States. |
---|
| 1612 | + | 2022(ts) IN 418—LS 7237/DI 92 38 |
---|
| 1613 | + | 1 (2) Add an amount equal to any deduction allowed or allowable |
---|
| 1614 | + | 2 under Section 170 of the Internal Revenue Code (concerning |
---|
| 1615 | + | 3 charitable contributions). |
---|
| 1616 | + | 4 (3) Add an amount equal to a deduction allowed or allowable |
---|
| 1617 | + | 5 under Section 805 or Section 832(c) of the Internal Revenue Code |
---|
| 1618 | + | 6 for taxes based on or measured by income and levied at the state |
---|
| 1619 | + | 7 level by any state. |
---|
| 1620 | + | 8 (4) Subtract an amount equal to the amount included in the |
---|
| 1621 | + | 9 company's taxable income under Section 78 of the Internal |
---|
| 1622 | + | 10 Revenue Code (concerning foreign tax credits). |
---|
| 1623 | + | 11 (5) Add or subtract the amount necessary to make the adjusted |
---|
| 1624 | + | 12 gross income of any taxpayer that owns property for which bonus |
---|
| 1625 | + | 13 depreciation was allowed in the current taxable year or in an |
---|
| 1626 | + | 14 earlier taxable year equal to the amount of adjusted gross income |
---|
| 1627 | + | 15 that would have been computed had an election not been made |
---|
| 1628 | + | 16 under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
| 1629 | + | 17 depreciation to the property in the year that it was placed in |
---|
| 1630 | + | 18 service. |
---|
| 1631 | + | 19 (6) Add an amount equal to any deduction allowed under Section |
---|
| 1632 | + | 20 172 of the Internal Revenue Code (concerning net operating |
---|
| 1633 | + | 21 losses). |
---|
| 1634 | + | 22 (7) Add or subtract the amount necessary to make the adjusted |
---|
| 1635 | + | 23 gross income of any taxpayer that placed Section 179 property (as |
---|
| 1636 | + | 24 defined in Section 179 of the Internal Revenue Code) in service |
---|
| 1637 | + | 25 in the current taxable year or in an earlier taxable year equal to |
---|
| 1638 | + | 26 the amount of adjusted gross income that would have been |
---|
| 1639 | + | 27 computed had an election for federal income tax purposes not |
---|
| 1640 | + | 28 been made for the year in which the property was placed in |
---|
| 1641 | + | 29 service to take deductions under Section 179 of the Internal |
---|
| 1642 | + | 30 Revenue Code in a total amount exceeding the sum of: |
---|
| 1643 | + | 31 (A) twenty-five thousand dollars ($25,000) to the extent |
---|
| 1644 | + | 32 deductions under Section 179 of the Internal Revenue Code |
---|
| 1645 | + | 33 were not elected as provided in clause (B); and |
---|
| 1646 | + | 34 (B) for taxable years beginning after December 31, 2017, the |
---|
| 1647 | + | 35 deductions elected under Section 179 of the Internal Revenue |
---|
| 1648 | + | 36 Code on property acquired in an exchange if: |
---|
| 1649 | + | 37 (i) the exchange would have been eligible for |
---|
| 1650 | + | 38 nonrecognition of gain or loss under Section 1031 of the |
---|
| 1651 | + | 39 Internal Revenue Code in effect on January 1, 2017; |
---|
| 1652 | + | 40 (ii) the exchange is not eligible for nonrecognition of gain or |
---|
| 1653 | + | 41 loss under Section 1031 of the Internal Revenue Code; and |
---|
| 1654 | + | 42 (iii) the taxpayer made an election to take deductions under |
---|
| 1655 | + | 2022(ts) IN 418—LS 7237/DI 92 39 |
---|
| 1656 | + | 1 Section 179 of the Internal Revenue Code with regard to the |
---|
| 1657 | + | 2 acquired property in the year that the property was placed |
---|
| 1658 | + | 3 into service. |
---|
| 1659 | + | 4 The amount of deductions allowable for an item of property |
---|
| 1660 | + | 5 under this clause may not exceed the amount of adjusted gross |
---|
| 1661 | + | 6 income realized on the property that would have been deferred |
---|
| 1662 | + | 7 under the Internal Revenue Code in effect on January 1, 2017. |
---|
| 1663 | + | 8 (8) Subtract income that is: |
---|
| 1664 | + | 9 (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
---|
| 1665 | + | 10 derived from patents); and |
---|
| 1666 | + | 11 (B) included in the insurance company's taxable income under |
---|
| 1667 | + | 12 the Internal Revenue Code. |
---|
| 1668 | + | 13 (9) Add an amount equal to any income not included in gross |
---|
| 1669 | + | 14 income as a result of the deferral of income arising from business |
---|
| 1670 | + | 15 indebtedness discharged in connection with the reacquisition after |
---|
| 1671 | + | 16 December 31, 2008, and before January 1, 2011, of an applicable |
---|
| 1672 | + | 17 debt instrument, as provided in Section 108(i) of the Internal |
---|
| 1673 | + | 18 Revenue Code. Subtract from the adjusted gross income of any |
---|
| 1674 | + | 19 taxpayer that added an amount to adjusted gross income in a |
---|
| 1675 | + | 20 previous year the amount necessary to offset the amount included |
---|
| 1676 | + | 21 in federal gross income as a result of the deferral of income |
---|
| 1677 | + | 22 arising from business indebtedness discharged in connection with |
---|
| 1678 | + | 23 the reacquisition after December 31, 2008, and before January 1, |
---|
| 1679 | + | 24 2011, of an applicable debt instrument, as provided in Section |
---|
| 1680 | + | 25 108(i) of the Internal Revenue Code. |
---|
| 1681 | + | 26 (10) Add an amount equal to any exempt insurance income under |
---|
| 1682 | + | 27 Section 953(e) of the Internal Revenue Code that is active |
---|
| 1683 | + | 28 financing income under Subpart F of Subtitle A, Chapter 1, |
---|
| 1684 | + | 29 Subchapter N of the Internal Revenue Code. |
---|
| 1685 | + | 30 (11) Add the amount excluded from federal gross income under |
---|
| 1686 | + | 31 Section 103 of the Internal Revenue Code for interest received on |
---|
| 1687 | + | 32 an obligation of a state other than Indiana, or a political |
---|
| 1688 | + | 33 subdivision of such a state, that is acquired by the taxpayer after |
---|
| 1689 | + | 34 December 31, 2011. |
---|
| 1690 | + | 35 (12) For taxable years beginning after December 25, 2016, add: |
---|
| 1691 | + | 36 (A) an amount equal to the amount reported by the taxpayer on |
---|
| 1692 | + | 37 IRC 965 Transition Tax Statement, line 1; or |
---|
| 1693 | + | 38 (B) if the taxpayer deducted an amount under Section 965(c) |
---|
| 1694 | + | 39 of the Internal Revenue Code in determining the taxpayer's |
---|
| 1695 | + | 40 taxable income for purposes of the federal income tax, the |
---|
| 1696 | + | 41 amount deducted under Section 965(c) of the Internal Revenue |
---|
| 1697 | + | 42 Code. |
---|
| 1698 | + | 2022(ts) IN 418—LS 7237/DI 92 40 |
---|
| 1699 | + | 1 (13) Add an amount equal to the deduction that was claimed by |
---|
| 1700 | + | 2 the taxpayer for the taxable year under Section 250(a)(1)(B) of the |
---|
| 1701 | + | 3 Internal Revenue Code (attributable to global intangible |
---|
| 1702 | + | 4 low-taxed income). The taxpayer shall separately specify the |
---|
| 1703 | + | 5 amount of the reduction under Section 250(a)(1)(B)(i) of the |
---|
| 1704 | + | 6 Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the |
---|
| 1705 | + | 7 Internal Revenue Code. |
---|
| 1706 | + | 8 (14) Subtract any interest expense paid or accrued in the current |
---|
| 1707 | + | 9 taxable year but not deducted as a result of the limitation imposed |
---|
| 1708 | + | 10 under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
| 1709 | + | 11 interest expense paid or accrued in a previous taxable year but |
---|
| 1710 | + | 12 allowed as a deduction under Section 163 of the Internal Revenue |
---|
| 1711 | + | 13 Code in the current taxable year. For purposes of this subdivision, |
---|
| 1712 | + | 14 an interest expense is considered paid or accrued only in the first |
---|
| 1713 | + | 15 taxable year the deduction would have been allowable under |
---|
| 1714 | + | 16 Section 163 of the Internal Revenue Code if the limitation under |
---|
| 1715 | + | 17 Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
| 1716 | + | 18 (15) Subtract the amount that would have been excluded from |
---|
| 1717 | + | 19 gross income but for the enactment of Section 118(b)(2) of the |
---|
| 1718 | + | 20 Internal Revenue Code for taxable years ending after December |
---|
| 1719 | + | 21 22, 2017. |
---|
| 1720 | + | 22 (16) Add an amount equal to the remainder of: |
---|
| 1721 | + | 23 (A) the amount allowable as a deduction under Section 274(n) |
---|
| 1722 | + | 24 of the Internal Revenue Code; minus |
---|
| 1723 | + | 25 (B) the amount otherwise allowable as a deduction under |
---|
| 1724 | + | 26 Section 274(n) of the Internal Revenue Code, if Section |
---|
| 1725 | + | 27 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
| 1726 | + | 28 for amounts paid or incurred after December 31, 2020. |
---|
| 1727 | + | 29 (17) For taxable years ending after March 12, 2020, subtract an |
---|
| 1728 | + | 30 amount equal to the deduction disallowed pursuant to: |
---|
| 1729 | + | 31 (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
| 1730 | + | 32 as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
| 1731 | + | 33 and Disaster Relief Tax Act (Division EE of Public Law |
---|
| 1732 | + | 34 116-260); and |
---|
| 1733 | + | 35 (B) Section 3134(e) of the Internal Revenue Code. |
---|
| 1734 | + | 36 (18) For taxable years beginning after December 31, 2022, |
---|
| 1735 | + | 37 subtract an amount equal to the deduction disallowed under |
---|
| 1736 | + | 38 Section 280C(h) of the Internal Revenue Code. |
---|
| 1737 | + | 39 (18) (19) Add or subtract any other amounts the taxpayer is: |
---|
| 1738 | + | 40 (A) required to add or subtract; or |
---|
| 1739 | + | 41 (B) entitled to deduct; |
---|
| 1740 | + | 42 under IC 6-3-2. |
---|
| 1741 | + | 2022(ts) IN 418—LS 7237/DI 92 41 |
---|
| 1742 | + | 1 (e) In the case of insurance companies subject to tax under Section |
---|
| 1743 | + | 2 831 of the Internal Revenue Code and organized under Indiana law, the |
---|
| 1744 | + | 3 same as "taxable income" (as defined in Section 832 of the Internal |
---|
| 1745 | + | 4 Revenue Code), adjusted as follows: |
---|
| 1746 | + | 5 (1) Subtract income that is exempt from taxation under this article |
---|
| 1747 | + | 6 by the Constitution and statutes of the United States. |
---|
| 1748 | + | 7 (2) Add an amount equal to any deduction allowed or allowable |
---|
| 1749 | + | 8 under Section 170 of the Internal Revenue Code (concerning |
---|
| 1750 | + | 9 charitable contributions). |
---|
| 1751 | + | 10 (3) Add an amount equal to a deduction allowed or allowable |
---|
| 1752 | + | 11 under Section 805 or Section 832(c) of the Internal Revenue Code |
---|
| 1753 | + | 12 for taxes based on or measured by income and levied at the state |
---|
| 1754 | + | 13 level by any state. |
---|
| 1755 | + | 14 (4) Subtract an amount equal to the amount included in the |
---|
| 1756 | + | 15 company's taxable income under Section 78 of the Internal |
---|
| 1757 | + | 16 Revenue Code (concerning foreign tax credits). |
---|
| 1758 | + | 17 (5) Add or subtract the amount necessary to make the adjusted |
---|
| 1759 | + | 18 gross income of any taxpayer that owns property for which bonus |
---|
| 1760 | + | 19 depreciation was allowed in the current taxable year or in an |
---|
| 1761 | + | 20 earlier taxable year equal to the amount of adjusted gross income |
---|
| 1762 | + | 21 that would have been computed had an election not been made |
---|
| 1763 | + | 22 under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
| 1764 | + | 23 depreciation to the property in the year that it was placed in |
---|
| 1765 | + | 24 service. |
---|
| 1766 | + | 25 (6) Add an amount equal to any deduction allowed under Section |
---|
| 1767 | + | 26 172 of the Internal Revenue Code (concerning net operating |
---|
| 1768 | + | 27 losses). |
---|
| 1769 | + | 28 (7) Add or subtract the amount necessary to make the adjusted |
---|
| 1770 | + | 29 gross income of any taxpayer that placed Section 179 property (as |
---|
| 1771 | + | 30 defined in Section 179 of the Internal Revenue Code) in service |
---|
| 1772 | + | 31 in the current taxable year or in an earlier taxable year equal to |
---|
| 1773 | + | 32 the amount of adjusted gross income that would have been |
---|
| 1774 | + | 33 computed had an election for federal income tax purposes not |
---|
| 1775 | + | 34 been made for the year in which the property was placed in |
---|
| 1776 | + | 35 service to take deductions under Section 179 of the Internal |
---|
| 1777 | + | 36 Revenue Code in a total amount exceeding the sum of: |
---|
| 1778 | + | 37 (A) twenty-five thousand dollars ($25,000) to the extent |
---|
| 1779 | + | 38 deductions under Section 179 of the Internal Revenue Code |
---|
| 1780 | + | 39 were not elected as provided in clause (B); and |
---|
| 1781 | + | 40 (B) for taxable years beginning after December 31, 2017, the |
---|
| 1782 | + | 41 deductions elected under Section 179 of the Internal Revenue |
---|
| 1783 | + | 42 Code on property acquired in an exchange if: |
---|
| 1784 | + | 2022(ts) IN 418—LS 7237/DI 92 42 |
---|
| 1785 | + | 1 (i) the exchange would have been eligible for |
---|
| 1786 | + | 2 nonrecognition of gain or loss under Section 1031 of the |
---|
| 1787 | + | 3 Internal Revenue Code in effect on January 1, 2017; |
---|
| 1788 | + | 4 (ii) the exchange is not eligible for nonrecognition of gain or |
---|
| 1789 | + | 5 loss under Section 1031 of the Internal Revenue Code; and |
---|
| 1790 | + | 6 (iii) the taxpayer made an election to take deductions under |
---|
| 1791 | + | 7 Section 179 of the Internal Revenue Code with regard to the |
---|
| 1792 | + | 8 acquired property in the year that the property was placed |
---|
| 1793 | + | 9 into service. |
---|
| 1794 | + | 10 The amount of deductions allowable for an item of property |
---|
| 1795 | + | 11 under this clause may not exceed the amount of adjusted gross |
---|
| 1796 | + | 12 income realized on the property that would have been deferred |
---|
| 1797 | + | 13 under the Internal Revenue Code in effect on January 1, 2017. |
---|
| 1798 | + | 14 (8) Subtract income that is: |
---|
| 1799 | + | 15 (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
---|
| 1800 | + | 16 derived from patents); and |
---|
| 1801 | + | 17 (B) included in the insurance company's taxable income under |
---|
| 1802 | + | 18 the Internal Revenue Code. |
---|
| 1803 | + | 19 (9) Add an amount equal to any income not included in gross |
---|
| 1804 | + | 20 income as a result of the deferral of income arising from business |
---|
| 1805 | + | 21 indebtedness discharged in connection with the reacquisition after |
---|
| 1806 | + | 22 December 31, 2008, and before January 1, 2011, of an applicable |
---|
| 1807 | + | 23 debt instrument, as provided in Section 108(i) of the Internal |
---|
| 1808 | + | 24 Revenue Code. Subtract from the adjusted gross income of any |
---|
| 1809 | + | 25 taxpayer that added an amount to adjusted gross income in a |
---|
| 1810 | + | 26 previous year the amount necessary to offset the amount included |
---|
| 1811 | + | 27 in federal gross income as a result of the deferral of income |
---|
| 1812 | + | 28 arising from business indebtedness discharged in connection with |
---|
| 1813 | + | 29 the reacquisition after December 31, 2008, and before January 1, |
---|
| 1814 | + | 30 2011, of an applicable debt instrument, as provided in Section |
---|
| 1815 | + | 31 108(i) of the Internal Revenue Code. |
---|
| 1816 | + | 32 (10) Add an amount equal to any exempt insurance income under |
---|
| 1817 | + | 33 Section 953(e) of the Internal Revenue Code that is active |
---|
| 1818 | + | 34 financing income under Subpart F of Subtitle A, Chapter 1, |
---|
| 1819 | + | 35 Subchapter N of the Internal Revenue Code. |
---|
| 1820 | + | 36 (11) Add the amount excluded from federal gross income under |
---|
| 1821 | + | 37 Section 103 of the Internal Revenue Code for interest received on |
---|
| 1822 | + | 38 an obligation of a state other than Indiana, or a political |
---|
| 1823 | + | 39 subdivision of such a state, that is acquired by the taxpayer after |
---|
| 1824 | + | 40 December 31, 2011. |
---|
| 1825 | + | 41 (12) For taxable years beginning after December 25, 2016, add: |
---|
| 1826 | + | 42 (A) an amount equal to the amount reported by the taxpayer on |
---|
| 1827 | + | 2022(ts) IN 418—LS 7237/DI 92 43 |
---|
| 1828 | + | 1 IRC 965 Transition Tax Statement, line 1; or |
---|
| 1829 | + | 2 (B) if the taxpayer deducted an amount under Section 965(c) |
---|
| 1830 | + | 3 of the Internal Revenue Code in determining the taxpayer's |
---|
| 1831 | + | 4 taxable income for purposes of the federal income tax, the |
---|
| 1832 | + | 5 amount deducted under Section 965(c) of the Internal Revenue |
---|
| 1833 | + | 6 Code. |
---|
| 1834 | + | 7 (13) Add an amount equal to the deduction that was claimed by |
---|
| 1835 | + | 8 the taxpayer for the taxable year under Section 250(a)(1)(B) of the |
---|
| 1836 | + | 9 Internal Revenue Code (attributable to global intangible |
---|
| 1837 | + | 10 low-taxed income). The taxpayer shall separately specify the |
---|
| 1838 | + | 11 amount of the reduction under Section 250(a)(1)(B)(i) of the |
---|
| 1839 | + | 12 Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the |
---|
| 1840 | + | 13 Internal Revenue Code. |
---|
| 1841 | + | 14 (14) Subtract any interest expense paid or accrued in the current |
---|
| 1842 | + | 15 taxable year but not deducted as a result of the limitation imposed |
---|
| 1843 | + | 16 under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
| 1844 | + | 17 interest expense paid or accrued in a previous taxable year but |
---|
| 1845 | + | 18 allowed as a deduction under Section 163 of the Internal Revenue |
---|
| 1846 | + | 19 Code in the current taxable year. For purposes of this subdivision, |
---|
| 1847 | + | 20 an interest expense is considered paid or accrued only in the first |
---|
| 1848 | + | 21 taxable year the deduction would have been allowable under |
---|
| 1849 | + | 22 Section 163 of the Internal Revenue Code if the limitation under |
---|
| 1850 | + | 23 Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
| 1851 | + | 24 (15) Subtract the amount that would have been excluded from |
---|
| 1852 | + | 25 gross income but for the enactment of Section 118(b)(2) of the |
---|
| 1853 | + | 26 Internal Revenue Code for taxable years ending after December |
---|
| 1854 | + | 27 22, 2017. |
---|
| 1855 | + | 28 (16) Add an amount equal to the remainder of: |
---|
| 1856 | + | 29 (A) the amount allowable as a deduction under Section 274(n) |
---|
| 1857 | + | 30 of the Internal Revenue Code; minus |
---|
| 1858 | + | 31 (B) the amount otherwise allowable as a deduction under |
---|
| 1859 | + | 32 Section 274(n) of the Internal Revenue Code, if Section |
---|
| 1860 | + | 33 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
| 1861 | + | 34 for amounts paid or incurred after December 31, 2020. |
---|
| 1862 | + | 35 (17) For taxable years ending after March 12, 2020, subtract an |
---|
| 1863 | + | 36 amount equal to the deduction disallowed pursuant to: |
---|
| 1864 | + | 37 (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
| 1865 | + | 38 as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
| 1866 | + | 39 and Disaster Relief Tax Act (Division EE of Public Law |
---|
| 1867 | + | 40 116-260); and |
---|
| 1868 | + | 41 (B) Section 3134(e) of the Internal Revenue Code. |
---|
| 1869 | + | 42 (18) For taxable years beginning after December 31, 2022, |
---|
| 1870 | + | 2022(ts) IN 418—LS 7237/DI 92 44 |
---|
| 1871 | + | 1 subtract an amount equal to the deduction disallowed under |
---|
| 1872 | + | 2 Section 280C(h) of the Internal Revenue Code. |
---|
| 1873 | + | 3 (18) (19) Add or subtract any other amounts the taxpayer is: |
---|
| 1874 | + | 4 (A) required to add or subtract; or |
---|
| 1875 | + | 5 (B) entitled to deduct; |
---|
| 1876 | + | 6 under IC 6-3-2. |
---|
| 1877 | + | 7 (f) In the case of trusts and estates, "taxable income" (as defined for |
---|
| 1878 | + | 8 trusts and estates in Section 641(b) of the Internal Revenue Code) |
---|
| 1879 | + | 9 adjusted as follows: |
---|
| 1880 | + | 10 (1) Subtract income that is exempt from taxation under this article |
---|
| 1881 | + | 11 by the Constitution and statutes of the United States. |
---|
| 1882 | + | 12 (2) Subtract an amount equal to the amount of a September 11 |
---|
| 1883 | + | 13 terrorist attack settlement payment included in the federal |
---|
| 1884 | + | 14 adjusted gross income of the estate of a victim of the September |
---|
| 1885 | + | 15 11 terrorist attack or a trust to the extent the trust benefits a victim |
---|
| 1886 | + | 16 of the September 11 terrorist attack. |
---|
| 1887 | + | 17 (3) Add or subtract the amount necessary to make the adjusted |
---|
| 1888 | + | 18 gross income of any taxpayer that owns property for which bonus |
---|
| 1889 | + | 19 depreciation was allowed in the current taxable year or in an |
---|
| 1890 | + | 20 earlier taxable year equal to the amount of adjusted gross income |
---|
| 1891 | + | 21 that would have been computed had an election not been made |
---|
| 1892 | + | 22 under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
| 1893 | + | 23 depreciation to the property in the year that it was placed in |
---|
| 1894 | + | 24 service. |
---|
| 1895 | + | 25 (4) Add an amount equal to any deduction allowed under Section |
---|
| 1896 | + | 26 172 of the Internal Revenue Code (concerning net operating |
---|
| 1897 | + | 27 losses). |
---|
| 1898 | + | 28 (5) Add or subtract the amount necessary to make the adjusted |
---|
| 1899 | + | 29 gross income of any taxpayer that placed Section 179 property (as |
---|
| 1900 | + | 30 defined in Section 179 of the Internal Revenue Code) in service |
---|
| 1901 | + | 31 in the current taxable year or in an earlier taxable year equal to |
---|
| 1902 | + | 32 the amount of adjusted gross income that would have been |
---|
| 1903 | + | 33 computed had an election for federal income tax purposes not |
---|
| 1904 | + | 34 been made for the year in which the property was placed in |
---|
| 1905 | + | 35 service to take deductions under Section 179 of the Internal |
---|
| 1906 | + | 36 Revenue Code in a total amount exceeding the sum of: |
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| 1907 | + | 37 (A) twenty-five thousand dollars ($25,000) to the extent |
---|
| 1908 | + | 38 deductions under Section 179 of the Internal Revenue Code |
---|
| 1909 | + | 39 were not elected as provided in clause (B); and |
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| 1910 | + | 40 (B) for taxable years beginning after December 31, 2017, the |
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| 1911 | + | 41 deductions elected under Section 179 of the Internal Revenue |
---|
| 1912 | + | 42 Code on property acquired in an exchange if: |
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| 1913 | + | 2022(ts) IN 418—LS 7237/DI 92 45 |
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| 1914 | + | 1 (i) the exchange would have been eligible for |
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| 1915 | + | 2 nonrecognition of gain or loss under Section 1031 of the |
---|
| 1916 | + | 3 Internal Revenue Code in effect on January 1, 2017; |
---|
| 1917 | + | 4 (ii) the exchange is not eligible for nonrecognition of gain or |
---|
| 1918 | + | 5 loss under Section 1031 of the Internal Revenue Code; and |
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| 1919 | + | 6 (iii) the taxpayer made an election to take deductions under |
---|
| 1920 | + | 7 Section 179 of the Internal Revenue Code with regard to the |
---|
| 1921 | + | 8 acquired property in the year that the property was placed |
---|
| 1922 | + | 9 into service. |
---|
| 1923 | + | 10 The amount of deductions allowable for an item of property |
---|
| 1924 | + | 11 under this clause may not exceed the amount of adjusted gross |
---|
| 1925 | + | 12 income realized on the property that would have been deferred |
---|
| 1926 | + | 13 under the Internal Revenue Code in effect on January 1, 2017. |
---|
| 1927 | + | 14 (6) Subtract income that is: |
---|
| 1928 | + | 15 (A) exempt from taxation under IC 6-3-2-21.7 (certain income |
---|
| 1929 | + | 16 derived from patents); and |
---|
| 1930 | + | 17 (B) included in the taxpayer's taxable income under the |
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| 1931 | + | 18 Internal Revenue Code. |
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| 1932 | + | 19 (7) Add an amount equal to any income not included in gross |
---|
| 1933 | + | 20 income as a result of the deferral of income arising from business |
---|
| 1934 | + | 21 indebtedness discharged in connection with the reacquisition after |
---|
| 1935 | + | 22 December 31, 2008, and before January 1, 2011, of an applicable |
---|
| 1936 | + | 23 debt instrument, as provided in Section 108(i) of the Internal |
---|
| 1937 | + | 24 Revenue Code. Subtract from the adjusted gross income of any |
---|
| 1938 | + | 25 taxpayer that added an amount to adjusted gross income in a |
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| 1939 | + | 26 previous year the amount necessary to offset the amount included |
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| 1940 | + | 27 in federal gross income as a result of the deferral of income |
---|
| 1941 | + | 28 arising from business indebtedness discharged in connection with |
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| 1942 | + | 29 the reacquisition after December 31, 2008, and before January 1, |
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| 1943 | + | 30 2011, of an applicable debt instrument, as provided in Section |
---|
| 1944 | + | 31 108(i) of the Internal Revenue Code. |
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| 1945 | + | 32 (8) Add the amount excluded from federal gross income under |
---|
| 1946 | + | 33 Section 103 of the Internal Revenue Code for interest received on |
---|
| 1947 | + | 34 an obligation of a state other than Indiana, or a political |
---|
| 1948 | + | 35 subdivision of such a state, that is acquired by the taxpayer after |
---|
| 1949 | + | 36 December 31, 2011. |
---|
| 1950 | + | 37 (9) For taxable years beginning after December 25, 2016, add an |
---|
| 1951 | + | 38 amount equal to: |
---|
| 1952 | + | 39 (A) the amount reported by the taxpayer on IRC 965 |
---|
| 1953 | + | 40 Transition Tax Statement, line 1; |
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| 1954 | + | 41 (B) if the taxpayer deducted an amount under Section 965(c) |
---|
| 1955 | + | 42 of the Internal Revenue Code in determining the taxpayer's |
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| 1956 | + | 2022(ts) IN 418—LS 7237/DI 92 46 |
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| 1957 | + | 1 taxable income for purposes of the federal income tax, the |
---|
| 1958 | + | 2 amount deducted under Section 965(c) of the Internal Revenue |
---|
| 1959 | + | 3 Code; and |
---|
| 1960 | + | 4 (C) with regard to any amounts of income under Section 965 |
---|
| 1961 | + | 5 of the Internal Revenue Code distributed by the taxpayer, the |
---|
| 1962 | + | 6 deduction under Section 965(c) of the Internal Revenue Code |
---|
| 1963 | + | 7 attributable to such distributed amounts and not reported to the |
---|
| 1964 | + | 8 beneficiary. |
---|
| 1965 | + | 9 For purposes of this article, the amount required to be added back |
---|
| 1966 | + | 10 under clause (B) is not considered to be distributed or |
---|
| 1967 | + | 11 distributable to a beneficiary of the estate or trust for purposes of |
---|
| 1968 | + | 12 Sections 651 and 661 of the Internal Revenue Code. |
---|
| 1969 | + | 13 (10) Subtract any interest expense paid or accrued in the current |
---|
| 1970 | + | 14 taxable year but not deducted as a result of the limitation imposed |
---|
| 1971 | + | 15 under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
| 1972 | + | 16 interest expense paid or accrued in a previous taxable year but |
---|
| 1973 | + | 17 allowed as a deduction under Section 163 of the Internal Revenue |
---|
| 1974 | + | 18 Code in the current taxable year. For purposes of this subdivision, |
---|
| 1975 | + | 19 an interest expense is considered paid or accrued only in the first |
---|
| 1976 | + | 20 taxable year the deduction would have been allowable under |
---|
| 1977 | + | 21 Section 163 of the Internal Revenue Code if the limitation under |
---|
| 1978 | + | 22 Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
| 1979 | + | 23 (11) Add an amount equal to the deduction for qualified business |
---|
| 1980 | + | 24 income that was claimed by the taxpayer for the taxable year |
---|
| 1981 | + | 25 under Section 199A of the Internal Revenue Code. |
---|
| 1982 | + | 26 (12) Subtract the amount that would have been excluded from |
---|
| 1983 | + | 27 gross income but for the enactment of Section 118(b)(2) of the |
---|
| 1984 | + | 28 Internal Revenue Code for taxable years ending after December |
---|
| 1985 | + | 29 22, 2017. |
---|
| 1986 | + | 30 (13) Add an amount equal to the remainder of: |
---|
| 1987 | + | 31 (A) the amount allowable as a deduction under Section 274(n) |
---|
| 1988 | + | 32 of the Internal Revenue Code; minus |
---|
| 1989 | + | 33 (B) the amount otherwise allowable as a deduction under |
---|
| 1990 | + | 34 Section 274(n) of the Internal Revenue Code, if Section |
---|
| 1991 | + | 35 274(n)(2)(D) of the Internal Revenue Code was not in effect |
---|
| 1992 | + | 36 for amounts paid or incurred after December 31, 2020. |
---|
| 1993 | + | 37 (14) For taxable years beginning after December 31, 2017, and |
---|
| 1994 | + | 38 before January 1, 2021, add an amount equal to the excess |
---|
| 1995 | + | 39 business loss of the taxpayer as defined in Section 461(l)(3) of the |
---|
| 1996 | + | 40 Internal Revenue Code. In addition: |
---|
| 1997 | + | 41 (A) If a taxpayer has an excess business loss under this |
---|
| 1998 | + | 42 subdivision and also has modifications under subdivisions (3) |
---|
| 1999 | + | 2022(ts) IN 418—LS 7237/DI 92 47 |
---|
| 2000 | + | 1 and (5) for property placed in service during the taxable year, |
---|
| 2001 | + | 2 the taxpayer shall treat a portion of the taxable year |
---|
| 2002 | + | 3 modifications for that property as occurring in the taxable year |
---|
| 2003 | + | 4 the property is placed in service and a portion of the |
---|
| 2004 | + | 5 modifications as occurring in the immediately following |
---|
| 2005 | + | 6 taxable year. |
---|
| 2006 | + | 7 (B) The portion of the modifications under subdivisions (3) |
---|
| 2007 | + | 8 and (5) for property placed in service during the taxable year |
---|
| 2008 | + | 9 treated as occurring in the taxable year in which the property |
---|
| 2009 | + | 10 is placed in service equals: |
---|
| 2010 | + | 11 (i) the modification for the property otherwise determined |
---|
| 2011 | + | 12 under this section; minus |
---|
| 2012 | + | 13 (ii) the excess business loss disallowed under this |
---|
| 2013 | + | 14 subdivision; |
---|
| 2014 | + | 15 but not less than zero (0). |
---|
| 2015 | + | 16 (C) The portion of the modifications under subdivisions (3) |
---|
| 2016 | + | 17 and (5) for property placed in service during the taxable year |
---|
| 2017 | + | 18 treated as occurring in the taxable year immediately following |
---|
| 2018 | + | 19 the taxable year in which the property is placed in service |
---|
| 2019 | + | 20 equals the modification for the property otherwise determined |
---|
| 2020 | + | 21 under this section minus the amount in clause (B). |
---|
| 2021 | + | 22 (D) Any reallocation of modifications between taxable years |
---|
| 2022 | + | 23 under clauses (B) and (C) shall be first allocated to the |
---|
| 2023 | + | 24 modification under subdivision (3), then to the modification |
---|
| 2024 | + | 25 under subdivision (5). |
---|
| 2025 | + | 26 (15) For taxable years ending after March 12, 2020, subtract an |
---|
| 2026 | + | 27 amount equal to the deduction disallowed pursuant to: |
---|
| 2027 | + | 28 (A) Section 2301(e) of the CARES Act (Public Law 116-136), |
---|
| 2028 | + | 29 as modified by Sections 206 and 207 of the Taxpayer Certainty |
---|
| 2029 | + | 30 and Disaster Relief Tax Act (Division EE of Public Law |
---|
| 2030 | + | 31 116-260); and |
---|
| 2031 | + | 32 (B) Section 3134(e) of the Internal Revenue Code. |
---|
| 2032 | + | 33 (16) For taxable years beginning after December 31, 2022, |
---|
| 2033 | + | 34 subtract an amount equal to the deduction disallowed under |
---|
| 2034 | + | 35 Section 280C(h) of the Internal Revenue Code. |
---|
| 2035 | + | 36 (16) (17) Add or subtract any other amounts the taxpayer is: |
---|
| 2036 | + | 37 (A) required to add or subtract; or |
---|
| 2037 | + | 38 (B) entitled to deduct; |
---|
| 2038 | + | 39 under IC 6-3-2. |
---|
| 2039 | + | 40 (g) Subsections (a)(34), (b)(19), (d)(18), (e)(18), or (f)(16) (a)(35), |
---|
| 2040 | + | 41 (b)(20), (d)(19), (e)(19), or (f)(17) may not be construed to require an |
---|
| 2041 | + | 42 add back or allow a deduction or exemption more than once for a |
---|
| 2042 | + | 2022(ts) IN 418—LS 7237/DI 92 48 |
---|
| 2043 | + | 1 particular add back, deduction, or exemption. |
---|
| 2044 | + | 2 (h) For taxable years beginning after December 25, 2016, if: |
---|
| 2045 | + | 3 (1) a taxpayer is a shareholder, either directly or indirectly, in a |
---|
| 2046 | + | 4 corporation that is an E&P deficit foreign corporation as defined |
---|
| 2047 | + | 5 in Section 965(b)(3)(B) of the Internal Revenue Code, and the |
---|
| 2048 | + | 6 earnings and profit deficit, or a portion of the earnings and profit |
---|
| 2049 | + | 7 deficit, of the E&P deficit foreign corporation is permitted to |
---|
| 2050 | + | 8 reduce the federal adjusted gross income or federal taxable |
---|
| 2051 | + | 9 income of the taxpayer, the deficit, or the portion of the deficit, |
---|
| 2052 | + | 10 shall also reduce the amount taxable under this section to the |
---|
| 2053 | + | 11 extent permitted under the Internal Revenue Code, however, in no |
---|
| 2054 | + | 12 case shall this permit a reduction in the amount taxable under |
---|
| 2055 | + | 13 Section 965 of the Internal Revenue Code for purposes of this |
---|
| 2056 | + | 14 section to be less than zero (0); and |
---|
| 2057 | + | 15 (2) the Internal Revenue Service issues guidance that such an |
---|
| 2058 | + | 16 income or deduction is not reported directly on a federal tax |
---|
| 2059 | + | 17 return or is to be reported in a manner different than specified in |
---|
| 2060 | + | 18 this section, this section shall be construed as if federal adjusted |
---|
| 2061 | + | 19 gross income or federal taxable income included the income or |
---|
| 2062 | + | 20 deduction. |
---|
| 2063 | + | 21 (i) If a partner is required to include an item of income, a deduction, |
---|
| 2064 | + | 22 or another tax attribute in the partner's adjusted gross income tax return |
---|
| 2065 | + | 23 pursuant to IC 6-3-4.5, such item shall be considered to be includible |
---|
| 2066 | + | 24 in the partner's federal adjusted gross income or federal taxable |
---|
| 2067 | + | 25 income, regardless of whether such item is actually required to be |
---|
| 2068 | + | 26 reported by the partner for federal income tax purposes. For purposes |
---|
| 2069 | + | 27 of this subsection: |
---|
| 2070 | + | 28 (1) items for which a valid election is made under IC 6-3-4.5-6, |
---|
| 2071 | + | 29 IC 6-3-4.5-8, or IC 6-3-4.5-9 shall not be required to be included |
---|
| 2072 | + | 30 in the partner's adjusted gross income or taxable income; and |
---|
| 2073 | + | 31 (2) items for which the partnership did not make an election under |
---|
| 2074 | + | 32 IC 6-3-4.5-6, IC 6-3-4.5-8, or IC 6-3-4.5-9, but for which the |
---|
| 2075 | + | 33 partnership is required to remit tax pursuant to IC 6-3-4.5-18, |
---|
| 2076 | + | 34 shall be included in the partner's adjusted gross income or taxable |
---|
| 2077 | + | 35 income. |
---|
| 2078 | + | 36 SECTION 7. IC 6-3-4.5-1, AS AMENDED BY P.L.137-2022, |
---|
| 2079 | + | 37 SECTION 41, AND AS AMENDED BY P.L.138-2022, SECTION 6, |
---|
| 2080 | + | 38 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 2081 | + | 39 [EFFECTIVE JULY 1, 2022]: Sec. 1. The following definitions apply |
---|
| 2082 | + | 40 throughout this chapter: |
---|
| 2083 | + | 41 (1) "Adjustment year" means the partnership taxable year |
---|
| 2084 | + | 42 described in Section 6225(d)(2) of the Internal Revenue Code. |
---|
| 2085 | + | 2022(ts) IN 418—LS 7237/DI 92 49 |
---|
| 2086 | + | 1 (2) "Administrative adjustment request" means an administrative |
---|
| 2087 | + | 2 adjustment request filed by a partnership under Section 6227 of |
---|
| 2088 | + | 3 the Internal Revenue Code. |
---|
| 2089 | + | 4 (3) "Affected year" means any taxable year for a taxpayer that is |
---|
| 2090 | + | 5 affected by an adjustment under this chapter, regardless of |
---|
| 2091 | + | 6 whether the partnership has received an adjustment for that |
---|
| 2092 | + | 7 taxable year. |
---|
| 2093 | + | 8 (4) "Audited partnership" means a partnership subject to a |
---|
| 2094 | + | 9 partnership level audit resulting in a federal adjustment. |
---|
| 2095 | + | 10 (5) "Corporate partner" means a partner that is subject to the state |
---|
| 2096 | + | 11 adjusted gross income tax under IC 6-3-2-1(b) IC 6-3-2-1(c) or |
---|
| 2097 | + | 12 the financial institutions tax under IC 6-5.5-2-1. In the case of a |
---|
| 2098 | + | 13 partner that is a corporation described in IC 6-3-2-2.8(2) that also |
---|
| 2099 | + | 14 is subject to tax under IC 6-3-2-1(b), IC 6-3-2-1(c), the |
---|
| 2100 | + | 15 corporation is a corporate partner only to the extent that its |
---|
| 2101 | + | 16 income is subject to tax under IC 6-3-2-1(b). IC 6-3-2-1(c). |
---|
| 2102 | + | 17 (6) "Direct partner" means a partner that holds an interest directly |
---|
| 2103 | + | 18 in a partnership or pass through entity. |
---|
| 2104 | + | 19 (7) "Exempt partner" means a partner that is exempt from the |
---|
| 2105 | + | 20 adjusted gross income tax under IC 6-3-2-2.8(1) or the financial |
---|
| 2106 | + | 21 institutions tax under IC 6-5.5-2-7(4), except to the extent of |
---|
| 2107 | + | 22 unrelated business taxable income. |
---|
| 2108 | + | 23 (8) "Federal adjustment" means a change to an item or amount |
---|
| 2109 | + | 24 determined under the Internal Revenue Code or a change to any |
---|
| 2110 | + | 25 other tax attribute that is used by a taxpayer to compute state |
---|
| 2111 | + | 26 adjusted gross income taxes or financial institutions tax owed, |
---|
| 2112 | + | 27 whether that change results from action by the Internal Revenue |
---|
| 2113 | + | 28 Service, including a partnership level audit, or the filing of an |
---|
| 2114 | + | 29 amended federal return, a federal refund claim, or an |
---|
| 2115 | + | 30 administrative adjustment request by the taxpayer. A federal |
---|
| 2116 | + | 31 adjustment is positive to the extent that it increases state adjusted |
---|
| 2117 | + | 32 gross income as determined under IC 6-3 or IC 6-5.5 and is |
---|
| 2118 | + | 33 negative to the extent that it decreases state adjusted gross income |
---|
| 2119 | + | 34 as determined under IC 6-3 or IC 6-5.5. |
---|
| 2120 | + | 35 (9) "Federal adjustment reports" includes methods or forms |
---|
| 2121 | + | 36 required by the department for use by a taxpayer to report final |
---|
| 2122 | + | 37 federal adjustments for purposes of this chapter, including an |
---|
| 2123 | + | 38 amended Indiana tax return, information return, or uniform |
---|
| 2124 | + | 39 multistate report. |
---|
| 2125 | + | 40 (10) "Federal partnership representative" means a person the |
---|
| 2126 | + | 41 partnership designates for the taxable year as the partnership's |
---|
| 2127 | + | 42 representative, or the person the Internal Revenue Service has |
---|
| 2128 | + | 2022(ts) IN 418—LS 7237/DI 92 50 |
---|
| 2129 | + | 1 appointed to act as the federal partnership representative, |
---|
| 2130 | + | 2 pursuant to Section 6223(a) of the Internal Revenue Code. |
---|
| 2131 | + | 3 (11) "Final determination date" means the following: |
---|
| 2132 | + | 4 (A) Except as provided in clause (B) or (C), if the federal |
---|
| 2133 | + | 5 adjustment arises from an Internal Revenue Service audit or |
---|
| 2134 | + | 6 other action by the Internal Revenue Service, the final |
---|
| 2135 | + | 7 determination date is the date on which the federal adjustment |
---|
| 2136 | + | 8 is a final determination under IC 6-3-4-6(d). |
---|
| 2137 | + | 9 (B) For federal adjustments arising from an Internal Revenue |
---|
| 2138 | + | 10 Service audit or other action by the Internal Revenue Service, |
---|
| 2139 | + | 11 if the taxpayer filed as a member of a consolidated tax return |
---|
| 2140 | + | 12 filed under IC 6-3-4-14, a combined return filed under |
---|
| 2141 | + | 13 IC 6-3-2-2 or IC 6-5.5-5-1, or a return combined by the |
---|
| 2142 | + | 14 department under IC 6-3-2-2(p), the final determination date |
---|
| 2143 | + | 15 means the first date on which no related federal adjustments |
---|
| 2144 | + | 16 arising from that audit remain to be finally determined, as |
---|
| 2145 | + | 17 described in clause (A), for the entire group. |
---|
| 2146 | + | 18 (C) If the federal adjustment results from filing an amended |
---|
| 2147 | + | 19 federal return, a federal refund claim, or an administrative |
---|
| 2148 | + | 20 adjustment request, the final determination date means the day |
---|
| 2149 | + | 21 on which the amended return, refund claim, administrative |
---|
| 2150 | + | 22 adjustment request, or other similar report was filed. |
---|
| 2151 | + | 23 (12) "Final federal adjustment" means a federal adjustment after |
---|
| 2152 | + | 24 the final determination date for that federal adjustment has |
---|
| 2153 | + | 25 passed. |
---|
| 2154 | + | 26 (13) "Indirect partner" means a partner in a partnership or pass |
---|
| 2155 | + | 27 through entity that itself holds an interest directly, or through |
---|
| 2156 | + | 28 another indirect partner, in a partnership or pass through entity. |
---|
| 2157 | + | 29 (14) "Internal Revenue Code" has the meaning set forth in |
---|
| 2158 | + | 30 IC 6-3-1-11. |
---|
| 2159 | + | 31 (15) "Nonresident partner" has the meaning provided in |
---|
| 2160 | + | 32 IC 6-3-4-12(n). |
---|
| 2161 | + | 33 (16) "Partner" means a person or entity that holds an interest |
---|
| 2162 | + | 34 directly or indirectly in a partnership or other pass through entity. |
---|
| 2163 | + | 35 (17) "Partner level adjustments report" means a report provided |
---|
| 2164 | + | 36 by a partnership to its partners as a result of a department action |
---|
| 2165 | + | 37 with regard to the partnership. A partner level adjustments report |
---|
| 2166 | + | 38 does not include an amended statement provided by a partnership |
---|
| 2167 | + | 39 or other entity as a result of an adjustment reported by the |
---|
| 2168 | + | 40 partnership. |
---|
| 2169 | + | 41 (18) "Partnership" has the meaning set forth in IC 6-3-1-19. |
---|
| 2170 | + | 42 (19) "Partnership level audit" means an examination by the |
---|
| 2171 | + | 2022(ts) IN 418—LS 7237/DI 92 51 |
---|
| 2172 | + | 1 Internal Revenue Service at the partnership level under Sections |
---|
| 2173 | + | 2 6221 through 6241 of the Internal Revenue Code, as enacted by |
---|
| 2174 | + | 3 the Bipartisan Budget Act of 2015, Public Law 114-74, which |
---|
| 2175 | + | 4 results in federal adjustments. |
---|
| 2176 | + | 5 (20) "Partnership return" means a return required to be filed by a |
---|
| 2177 | + | 6 partnership pursuant to IC 6-3-4-10. In the case of a partnership |
---|
| 2178 | + | 7 that is required to withhold tax or file a composite return pursuant |
---|
| 2179 | + | 8 to IC 6-3-4-12 or IC 6-5.5-2-8, the term also includes the returns |
---|
| 2180 | + | 9 or schedules required for tax withholding or composite filing. |
---|
| 2181 | + | 10 (21) "Pass through entity" means an entity defined in IC 6-3-1-35, |
---|
| 2182 | + | 11 other than a partnership, that is not subject to tax under IC 6-3. |
---|
| 2183 | + | 12 (22) "Reallocation adjustment" means a federal adjustment |
---|
| 2184 | + | 13 resulting from a partnership level audit or an administrative |
---|
| 2185 | + | 14 adjustment request that changes the shares of one (1) or more |
---|
| 2186 | + | 15 items of partnership income, gain, loss, expense, or credit |
---|
| 2187 | + | 16 allocated to direct partners. A positive reallocation adjustment |
---|
| 2188 | + | 17 means the portion of a reallocation adjustment that would |
---|
| 2189 | + | 18 increase federal adjusted gross income or federal taxable income |
---|
| 2190 | + | 19 for one (1) or more direct partners, and a negative reallocation |
---|
| 2191 | + | 20 adjustment means the portion of a reallocation adjustment that |
---|
| 2192 | + | 21 would decrease federal adjusted gross income or federal taxable |
---|
| 2193 | + | 22 income for one (1) or more direct partners, according to Section |
---|
| 2194 | + | 23 6225 of the Internal Revenue Code and the regulations under that |
---|
| 2195 | + | 24 section. |
---|
| 2196 | + | 25 (23) "Resident partner" means a partner that is not a nonresident |
---|
| 2197 | + | 26 partner. |
---|
| 2198 | + | 27 (24) "Review year" means the taxable year of a partnership that |
---|
| 2199 | + | 28 is subject to a partnership level audit, an administrative |
---|
| 2200 | + | 29 adjustment request, or an amended federal return that results in |
---|
| 2201 | + | 30 federal adjustments, regardless of whether any federal tax |
---|
| 2202 | + | 31 determined to be due is the responsibility of the partnership or |
---|
| 2203 | + | 32 partners. |
---|
| 2204 | + | 33 (25) "Statement" means a form or schedule prescribed by the |
---|
| 2205 | + | 34 department through which a partnership or pass through entity |
---|
| 2206 | + | 35 reports tax attributes to its owners or beneficiaries. |
---|
| 2207 | + | 36 (26) "Tax attribute" means any item of income, deduction, credit, |
---|
| 2208 | + | 37 receipts for apportionment, or other amount or status that |
---|
| 2209 | + | 38 determines a partner's liability under IC 6-3, IC 6-3.6, or IC 6-5.5. |
---|
| 2210 | + | 39 (27) "Taxable year" means, in the case of a partnership, the year |
---|
| 2211 | + | 40 or partial year for which a partnership files a return for state and |
---|
| 2212 | + | 41 federal purposes and, in the case of a partner, the taxable year in |
---|
| 2213 | + | 42 which the partner reports tax attributes from the partnership. |
---|
| 2214 | + | 2022(ts) IN 418—LS 7237/DI 92 52 |
---|
| 2215 | + | 1 (28) "Taxpayer" has the meaning set forth in IC 6-3-1-15 (in the |
---|
| 2216 | + | 2 case of the adjusted gross income tax) and IC 6-5.5-1-17 (in the |
---|
| 2217 | + | 3 case of the financial institutions tax) and, unless the context |
---|
| 2218 | + | 4 clearly indicates otherwise, includes a partnership subject to a |
---|
| 2219 | + | 5 partnership level audit or a partnership that has made an |
---|
| 2220 | + | 6 administrative adjustment request, as well as a tiered partner of |
---|
| 2221 | + | 7 that partnership. |
---|
| 2222 | + | 8 (29) "Tiered partner" means any partner that is a partnership or |
---|
| 2223 | + | 9 pass through entity. |
---|
| 2224 | + | 10 (30) "Unrelated business taxable income" has the meaning set |
---|
| 2225 | + | 11 forth in Section 512 of the Internal Revenue Code. |
---|
| 2226 | + | 12 SECTION 8. IC 6-3-4.5-9, AS AMENDED BY P.L.137-2022, |
---|
| 2227 | + | 13 SECTION 46, AND AS AMENDED BY P.L.138-2022, SECTION 7, |
---|
| 2228 | + | 14 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 2229 | + | 15 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Partnerships and partners |
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| 2230 | + | 16 shall report final federal adjustments arising from a partnership level |
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| 2231 | + | 17 audit or an administrative adjustment request and make payments as |
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| 2232 | + | 18 required under this section. |
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| 2233 | + | 19 (b) Final federal adjustments subject to the requirements of this |
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| 2234 | + | 20 section, except those subject to a properly made election under |
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| 2235 | + | 21 subsection (c), shall be reported as follows: |
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| 2236 | + | 22 (1) Not later than the applicable deadline, the partnership shall: |
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| 2237 | + | 23 (A) file an amended partnership return for the review year and |
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| 2238 | + | 24 any other taxable year affected by the final federal adjustments |
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| 2239 | + | 25 with the department as provided in section 8 of this chapter |
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| 2240 | + | 26 and provide any other information required by the department; |
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| 2241 | + | 27 (B) notify each of its direct partners of their distributive share |
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| 2242 | + | 28 of the final federal adjustments as provided in section 8 of this |
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| 2243 | + | 29 chapter for all affected taxable years for which the partnership |
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| 2244 | + | 30 filed an amended partnership return by an amended statement |
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| 2245 | + | 31 or a report in the form and manner prescribed by the |
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| 2246 | + | 32 department; and |
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| 2247 | + | 33 (C) file an amended composite return for direct partners and |
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| 2248 | + | 34 an amended withholding return for direct partners for the |
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| 2249 | + | 35 review year and any affected taxable years as otherwise |
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| 2250 | + | 36 required by IC 6-3-4-12 or IC 6-5.5-2-8 and pay any tax due |
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| 2251 | + | 37 for the taxable years. |
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| 2252 | + | 38 (2) Each direct partner that is subject to tax under IC 6-3, |
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| 2253 | + | 39 IC 6-3.6, or IC 6-5.5 shall, on or before the applicable deadline: |
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| 2254 | + | 40 (A) file an amended return as provided in section 8 of this |
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| 2255 | + | 41 chapter reporting their distributive share of the adjustments |
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| 2256 | + | 42 reported to them under subdivision (1)(B) for the taxable year |
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| 2257 | + | 2022(ts) IN 418—LS 7237/DI 92 53 |
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| 2258 | + | 1 in which affected taxable year attributes would be reported by |
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| 2259 | + | 2 the direct partner as provided in section 8 of this chapter; and |
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| 2260 | + | 3 (B) pay any additional amount of tax due as if final federal |
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| 2261 | + | 4 partnership adjustments had been properly reported, less any |
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| 2262 | + | 5 credit for related amounts paid or withheld and remitted on |
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| 2263 | + | 6 behalf of the direct partner. |
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| 2264 | + | 7 (3) Each tiered partner shall treat any final federal partnership |
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| 2265 | + | 8 adjustments under this section in a manner consistent with the |
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| 2266 | + | 9 treatment of tiered partners under section 8 of this chapter. |
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| 2267 | + | 10 (c) Except as provided in subsection (d), an audited partnership |
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| 2268 | + | 11 making an election under this subsection shall: |
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| 2269 | + | 12 (1) not later than the applicable deadline, file an amended |
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| 2270 | + | 13 partnership return for the review year and for any other affected |
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| 2271 | + | 14 taxable year elected by the audited partnership, including |
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| 2272 | + | 15 information as required by the department, and notify the |
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| 2273 | + | 16 department that it is making the election under this subsection; |
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| 2274 | + | 17 and |
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| 2275 | + | 18 (2) not later than ninety (90) days after the applicable deadline, |
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| 2276 | + | 19 pay an amount, determined as follows, in lieu of taxes owed by its |
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| 2277 | + | 20 direct or indirect partners: |
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| 2278 | + | 21 (A) Exclude from final federal adjustments the distributive |
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| 2279 | + | 22 share of these adjustments reported to a direct exempt partner |
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| 2280 | + | 23 that is not unrelated business income. |
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| 2281 | + | 24 (B) For the total distributive shares of the remaining final |
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| 2282 | + | 25 federal adjustments reported to direct corporate partners and |
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| 2283 | + | 26 to direct exempt partners, apportion and allocate such |
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| 2284 | + | 27 adjustments as provided under IC 6-3-2-2 or IC 6-3-2-2.2 (in |
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| 2285 | + | 28 the case of the adjusted gross income tax) or IC 6-5.5-4 (in the |
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| 2286 | + | 29 case of the financial institutions tax), and multiply the |
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| 2287 | + | 30 resulting amount by the tax rate for the taxable year under |
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| 2288 | + | 31 IC 6-3-2-1(b), IC 6-3-2-1(c), IC 6-3-2-1.5, or IC 6-5.5-2-1, as |
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| 2289 | + | 32 applicable. |
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| 2290 | + | 33 (C) For the total distributive shares of the remaining final |
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| 2291 | + | 34 federal adjustments reported to nonresident direct partners |
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| 2292 | + | 35 other than tiered partners or corporate partners, determine the |
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| 2293 | + | 36 amount of such adjustments which is Indiana source income |
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| 2294 | + | 37 under IC 6-3-2-2 or IC 6-3-2-2.2, and multiply the resulting |
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| 2295 | + | 38 amount by the tax rate under IC 6-3-2-1(a), IC 6-3-2-1(b), and |
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| 2296 | + | 39 if applicable IC 6-3.6. If a partnership is unable to determine |
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| 2297 | + | 40 whether a nonresident is subject to tax under IC 6-3.6, or to |
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| 2298 | + | 41 determine in what county the nonresident is subject to tax |
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| 2299 | + | 42 under IC 6-3.6, tax shall also be imposed at the highest rate for |
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| 2300 | + | 2022(ts) IN 418—LS 7237/DI 92 54 |
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| 2301 | + | 1 which a county imposes a tax under IC 6-3.6 for the taxable |
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| 2302 | + | 2 year. |
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| 2303 | + | 3 (D) For the total distributive shares of the remaining final |
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| 2304 | + | 4 federal adjustments reported to tiered partners: |
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| 2305 | + | 5 (i) determine the amount of any adjustment that is of a type |
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| 2306 | + | 6 that it would be subject to sourcing in Indiana under |
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| 2307 | + | 7 IC 6-3-2-2, IC 6-3-2-2.2, or IC 6-5.5-4, as applicable, and |
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| 2308 | + | 8 determine the portion of this amount that would be sourced |
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| 2309 | + | 9 to Indiana; |
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| 2310 | + | 10 (ii) determine the amount of any adjustment that is of a type |
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| 2311 | + | 11 that it would not be subject to sourcing to Indiana by a |
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| 2312 | + | 12 nonresident partner under IC 6-3-2-2, IC 6-3-2-2.2, or |
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| 2313 | + | 13 IC 6-5.5-4, as applicable; |
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| 2314 | + | 14 (iii) determine the portion of the amount determined under |
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| 2315 | + | 15 item (ii) that can be established, as prescribed by the |
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| 2316 | + | 16 department by rule under IC 4-22-2, to be properly allocable |
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| 2317 | + | 17 to nonresident indirect partners or other partners not subject |
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| 2318 | + | 18 to tax on the adjustments; and |
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| 2319 | + | 19 (iv) multiply the sum of the amounts determined in items (i) |
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| 2320 | + | 20 and (ii) reduced by the amount determined in item (iii) by |
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| 2321 | + | 21 the highest combined rate for the review taxable year under |
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| 2322 | + | 22 IC 6-3-2-1(a) IC 6-3-2-1(b) and IC 6-3.6 for any county, the |
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| 2323 | + | 23 rate under IC 6-3-2-1(b), IC 6-3-2-1(c), or the rate under |
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| 2324 | + | 24 6-5.5-2-1 for the taxable year, whichever is highest. |
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| 2325 | + | 25 (E) For the total distributive shares of the remaining final |
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| 2326 | + | 26 federal adjustments reported to resident individual, estate, or |
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| 2327 | + | 27 trust direct partners, multiply that amount by the tax rate under |
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| 2328 | + | 28 IC 6-3-2-1(a) IC 6-3-2-1(b) and IC 6-3.6. If a partnership does |
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| 2329 | + | 29 not reasonably ascertain the county of residence for an |
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| 2330 | + | 30 individual direct partner, the rate under IC 6-3.6 for that |
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| 2331 | + | 31 partner shall be treated as the highest rate imposed in any |
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| 2332 | + | 32 county under IC 6-3.6 for the taxable year. |
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| 2333 | + | 33 (F) Add an amount equal to any credit reduction under |
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| 2334 | + | 34 IC 6-3-3, IC 6-3.1, and IC 6-5.5 attributable as a result of |
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| 2335 | + | 35 final federal adjustments. |
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| 2336 | + | 36 (F) (G) Add the amounts determined in clauses (B), (C), |
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| 2337 | + | 37 (D)(iv), and (E), and (F). For purposes of determining interest |
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| 2338 | + | 38 and penalties, the due date of payment shall be the due date of |
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| 2339 | + | 39 the partnership's return under IC 6-3-4-10 for the taxable year, |
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| 2340 | + | 40 determined without regard to any extensions. |
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| 2341 | + | 41 If a partnership has made an election under this chapter to report and |
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| 2342 | + | 42 remit all tax otherwise due at the partnership level for a taxable year, |
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| 2343 | + | 2022(ts) IN 418—LS 7237/DI 92 55 |
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| 2344 | + | 1 the partnership shall be considered to have made a timely election |
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| 2345 | + | 2 under this subsection with regard to any changes arising from an |
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| 2346 | + | 3 amended return under this section for that taxable year. |
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| 2347 | + | 4 (d) Final federal adjustments subject to an election under subsection |
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| 2348 | + | 5 (c) shall not include: |
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| 2349 | + | 6 (1) the distributive share of final federal adjustments that would |
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| 2350 | + | 7 constitute income derived from a partnership to any direct or |
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| 2351 | + | 8 indirect partner that is a corporation taxable under IC 6-3-2-1(b), |
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| 2352 | + | 9 IC 6-3-2-1(c), IC 6-3-2-1.5, or IC 6-5.5-2-1 and is considered |
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| 2353 | + | 10 unitary to the partnership; |
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| 2354 | + | 11 (2) any final federal adjustments resulting from an administrative |
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| 2355 | + | 12 adjustment request; or |
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| 2356 | + | 13 (3) any other circumstances that the department determines would |
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| 2357 | + | 14 result in avoidance or evasion of any tax otherwise due from one |
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| 2358 | + | 15 (1) or more partners under IC 6-3 or IC 6-5.5. |
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| 2359 | + | 16 (e) Notwithstanding IC 6-3-4-11, an audited partnership not |
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| 2360 | + | 17 otherwise subject to any reporting or payment obligations to Indiana |
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| 2361 | + | 18 that makes an election under subsection (c) consents to be subject to |
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| 2362 | + | 19 Indiana law related to reporting, assessment, payment, and collection |
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| 2363 | + | 20 of Indiana tax calculated under the election. |
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| 2364 | + | 21 SECTION 9. IC 6-3-4.5-18, AS AMENDED BY P.L.137-2022, |
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| 2365 | + | 22 SECTION 50, AND AS AMENDED BY P.L.138-2022, SECTION 8, |
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| 2366 | + | 23 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
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| 2367 | + | 24 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) If a partnership or tiered |
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| 2368 | + | 25 partner is required to issue a report, issue an amended statement, or |
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| 2369 | + | 26 issue other information to a partner, owner, or beneficiary under this |
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| 2370 | + | 27 chapter, and does not issue such report, statement, or information |
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| 2371 | + | 28 within the period such issuance is required under this chapter, the |
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| 2372 | + | 29 partnership or tiered partner shall be liable for any tax that otherwise |
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| 2373 | + | 30 may be due from the partner, owner, or beneficiary, notwithstanding |
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| 2374 | + | 31 any other provision in IC 6-3 or IC 6-5.5. The tax rate under this |
---|
| 2375 | + | 32 section shall be computed at the highest rate for the taxable year under: |
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| 2376 | + | 33 (1) IC 6-3-2-1(a), IC 6-3-2-1(b), plus the highest rate imposed in |
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| 2377 | + | 34 any county under IC 6-3.6; |
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| 2378 | + | 35 (2) IC 6-3-2-1(b); IC 6-3-2-1(c); or |
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| 2379 | + | 36 (3) IC 6-5.5-2-1; |
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| 2380 | + | 37 unless the partnership or tiered partner can establish that a lower rate |
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| 2381 | + | 38 should apply, the partnership or tiered partner has made an election to |
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| 2382 | + | 39 be subject to tax under sections 6, 8, or 9 of this chapter, or to the |
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| 2383 | + | 40 extent the partnership, tiered partner, or the department can determine |
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| 2384 | + | 41 that the tax was otherwise properly reported and remitted. Such tax |
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| 2385 | + | 42 shall be considered to be due on the due date of the partnership's or |
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| 2386 | + | 2022(ts) IN 418—LS 7237/DI 92 56 |
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| 2387 | + | 1 tiered partner's return for the taxable year, determined without regard |
---|
| 2388 | + | 2 to extensions. |
---|
| 2389 | + | 3 (b) If a partnership or tiered partner issues the report, amended |
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| 2390 | + | 4 statement, or other information: |
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| 2391 | + | 5 (1) to an address that the partnership or tiered partner knows or |
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| 2392 | + | 6 reasonably should know is incorrect; or |
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| 2393 | + | 7 (2) if the report, amended statement, or other information not |
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| 2394 | + | 8 described in subdivision (1) is returned and the partnership or |
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| 2395 | + | 9 tiered partner: |
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| 2396 | + | 10 (A) fails to take reasonable steps to determine a proper address |
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| 2397 | + | 11 for reissuance within thirty (30) days after the report, amended |
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| 2398 | + | 12 statement, or other information is returned; or |
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| 2399 | + | 13 (B) takes such steps and fails to reissue the report, amended |
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| 2400 | + | 14 statement, or other information to a proper address within |
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| 2401 | + | 15 thirty (30) days after the report, amended statement, or other |
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| 2402 | + | 16 information is returned; |
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| 2403 | + | 17 such report, amended statement, or other information shall be |
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| 2404 | + | 18 considered to have not been issued for purposes of this section. |
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| 2405 | + | 19 (c) The department may issue a proposed assessment under this |
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| 2406 | + | 20 section not later than three (3) years after the department receives a |
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| 2407 | + | 21 return or amended return from the partnership or tiered partner for |
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| 2408 | + | 22 which the partnership or tiered partner fails to issue reports, amended |
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| 2409 | + | 23 statements, or other information, or from the date a partnership is |
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| 2410 | + | 24 required to issue partner level adjustments reports to its partners. |
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| 2411 | + | 25 (d) If: |
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| 2412 | + | 26 (1) a direct or indirect partner files and remits the tax otherwise |
---|
| 2413 | + | 27 due under this section, the assessment to the partnership or tiered |
---|
| 2414 | + | 28 partner under this section shall be reduced by the portion of the |
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| 2415 | + | 29 tax attributable to the direct or indirect partner; and |
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| 2416 | + | 30 (2) a partnership or tiered partner files and remits the tax under |
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| 2417 | + | 31 this section, such tax shall be treated as payment of tax to the |
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| 2418 | + | 32 direct or indirect partners. However, in no event shall the direct |
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| 2419 | + | 33 or indirect partners be permitted a refund of tax paid by a |
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| 2420 | + | 34 partnership or tiered partner under this section unless otherwise |
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| 2421 | + | 35 permitted under this chapter or IC 6-8.1-9-1. |
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| 2422 | + | 36 (e) Nothing in this section shall be construed to relieve a partnership |
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| 2423 | + | 37 or tiered partner from any duty to issue a report, amended statement, or |
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| 2424 | + | 38 other information otherwise required under this chapter or under any |
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| 2425 | + | 39 other provision of IC 6-3 or IC 6-5.5. If a partnership or tiered partner |
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| 2426 | + | 40 issues a report, amended statement, or other information provided |
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| 2427 | + | 41 under this chapter after the date otherwise required for issuance, the |
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| 2428 | + | 42 department may grant relief to any tiered partner, direct partner, or |
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| 2429 | + | 2022(ts) IN 418—LS 7237/DI 92 57 |
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| 2430 | + | 1 indirect partner affected by the late issuance, including extension of |
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| 2431 | + | 2 applicable deadlines. |
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| 2432 | + | 3 SECTION 10. IC 8-23-20-25.6, AS AMENDED BY P.L.97-2022, |
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| 2433 | + | 4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 2434 | + | 5 JULY 1, 2022]: Sec. 25.6. (a) As used in this section, "market area" |
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| 2435 | + | 6 means a point within the same county as the prior location of an |
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| 2436 | + | 7 outdoor advertising sign. |
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| 2437 | + | 8 (b) This section applies only to an outdoor advertising sign located |
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| 2438 | + | 9 along the interstate and primary system, as defined in 23 U.S.C. 131(t) |
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| 2439 | + | 10 on June 1, 1991, or any other highway where control of outdoor |
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| 2440 | + | 11 advertising signs is required under 23 U.S.C. 131. |
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| 2441 | + | 12 (c) If an outdoor advertising sign is no longer visible or becomes |
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| 2442 | + | 13 obstructed, or must be moved or removed, due to a noise abatement or |
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| 2443 | + | 14 safety measure, grade changes, construction, directional sign, highway |
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| 2444 | + | 15 widening, or aesthetic improvement made by any agency of the state |
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| 2445 | + | 16 along the interstate and primary system or any other highway, the |
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| 2446 | + | 17 owner or operator of the outdoor advertising sign, to the extent allowed |
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| 2447 | + | 18 by federal or state law, may: |
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| 2448 | + | 19 (1) elevate a conforming outdoor advertising sign; or |
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| 2449 | + | 20 (2) relocate a conforming or nonconforming outdoor advertising |
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| 2450 | + | 21 sign to a point within the market area, if the new location of the |
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| 2451 | + | 22 outdoor advertising sign complies with the applicable spacing |
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| 2452 | + | 23 requirements and is located in land zoned for commercial or |
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| 2453 | + | 24 industrial purposes or unzoned areas used for commercial or |
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| 2454 | + | 25 industrial purposes. |
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| 2455 | + | 26 (d) If within one (1) year of an action being filed under IC 32-24, an |
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| 2456 | + | 27 owner can demonstrate that the owner has made good faith efforts to |
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| 2457 | + | 28 relocate a conforming or nonconforming outdoor advertising sign to a |
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| 2458 | + | 29 conforming location within the market area, but the owner has not |
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| 2459 | + | 30 obtained a new conforming location, the outdoor advertising sign will |
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| 2460 | + | 31 be treated as if it cannot be relocated within the market area. |
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| 2461 | + | 32 Notwithstanding subsection (e) and IC 8-23-20.5, if an outdoor |
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| 2462 | + | 33 advertising sign cannot be elevated or relocated to a conforming |
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| 2463 | + | 34 location and elevation within the market area, the removal or relocation |
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| 2464 | + | 35 of the outdoor advertising sign constitutes a taking of a property |
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| 2465 | + | 36 interest and the owner must be compensated under section 27 of this |
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| 2466 | + | 37 chapter. Notwithstanding subsections (d) and (g), if a conforming |
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| 2467 | + | 38 outdoor advertising sign cannot be elevated or relocated within the |
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| 2468 | + | 39 market area, the removal or relocation of the conforming outdoor |
---|
| 2469 | + | 40 advertising sign constitutes a total taking of a real property interest, |
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| 2470 | + | 41 including the sign structure, and the owner must be compensated under |
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| 2471 | + | 42 section 27 of this chapter. |
---|
| 2472 | + | 2022(ts) IN 418—LS 7237/DI 92 58 |
---|
| 2473 | + | 1 (e) The county or municipality, under IC 36-7-4, may, if necessary, |
---|
| 2474 | + | 2 provide for the elevation or relocation by ordinance for a special |
---|
| 2475 | + | 3 exception to the zoning ordinance of the county or municipality. |
---|
| 2476 | + | 4 (f) The elevated outdoor advertising sign or outdoor advertising sign |
---|
| 2477 | + | 5 to be relocated, to the extent allowed by federal or state law, may be |
---|
| 2478 | + | 6 modified: |
---|
| 2479 | + | 7 (1) to elevate the sign to make the entire advertising content of the |
---|
| 2480 | + | 8 sign visible; |
---|
| 2481 | + | 9 (2) to an angle to make the entire advertising content of the sign |
---|
| 2482 | + | 10 visible; and |
---|
| 2483 | + | 11 (3) in size or material type, at the expense of: |
---|
| 2484 | + | 12 (A) the owner, if the modification in size or material type of |
---|
| 2485 | + | 13 the outdoor advertising sign is by choice of the owner; or |
---|
| 2486 | + | 14 (B) the department, if the modification in size or material type |
---|
| 2487 | + | 15 of the outdoor advertising sign is required for the outdoor |
---|
| 2488 | + | 16 advertising sign to comply with IC 22-13. |
---|
| 2489 | + | 17 (g) This section does not exempt an owner or operator of a sign from |
---|
| 2490 | + | 18 submitting to the department any application or fee required by law. |
---|
| 2491 | + | 19 (h) At least twelve (12) months before the filing of an eminent |
---|
| 2492 | + | 20 domain action to acquire an outdoor advertising sign under IC 32-24, |
---|
| 2493 | + | 21 the department must provide written notice to the representative of the |
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| 2494 | + | 22 sign owner identified on the outdoor advertising sign permit that is on |
---|
| 2495 | + | 23 file with the Indiana department of transportation that a project has |
---|
| 2496 | + | 24 been planned that may impact the outdoor advertising sign. |
---|
| 2497 | + | 25 (i) If the agency fails to provide notice required by subsection (h) |
---|
| 2498 | + | 26 within twelve (12) months of an action being filed against an owner |
---|
| 2499 | + | 27 under IC 32-24, the owner may receive reasonable compensation for |
---|
| 2500 | + | 28 losses associated with the failure to receive timely notice. However, |
---|
| 2501 | + | 29 failure to send notice required by subsection (h) is not a basis of an |
---|
| 2502 | + | 30 objection to a proceeding under IC 32-24-1-8. |
---|
| 2503 | + | 31 SECTION 11. IC 16-19-3-27.5, AS AMENDED BY P.L.143-2022, |
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| 2504 | + | 32 SECTION 27, AND AS AMENDED BY P.L.167-2022, SECTION 4, |
---|
| 2505 | + | 33 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
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| 2506 | + | 34 [EFFECTIVE JULY 1, 2022]: Sec. 27.5. (a) As used in this section, |
---|
| 2507 | + | 35 "technology new to Indiana" (referred to in this section as "TNI") |
---|
| 2508 | + | 36 means sewage treatment or disposal methods, processes, or equipment |
---|
| 2509 | + | 37 that are not described in the administrative rules of the state department |
---|
| 2510 | + | 38 or the executive board concerning residential onsite sewage systems |
---|
| 2511 | + | 39 (410 IAC 6-8.3) or commercial onsite sewage systems (410 |
---|
| 2512 | + | 40 IAC 6-10.1). |
---|
| 2513 | + | 41 (b) The state department shall establish and maintain a technical |
---|
| 2514 | + | 42 review panel consisting of individuals with technical or scientific |
---|
| 2515 | + | 2022(ts) IN 418—LS 7237/DI 92 59 |
---|
| 2516 | + | 1 knowledge relating to onsite sewage systems. The technical review |
---|
| 2517 | + | 2 panel shall: |
---|
| 2518 | + | 3 (1) decide under subsection (f) whether to approve: |
---|
| 2519 | + | 4 (A) proprietary residential wastewater treatment devices; and |
---|
| 2520 | + | 5 (B) proprietary commercial wastewater treatment devices; |
---|
| 2521 | + | 6 for general use in Indiana; |
---|
| 2522 | + | 7 (2) biannually review the performance of residential septic |
---|
| 2523 | + | 8 systems and commercial onsite sewage systems; |
---|
| 2524 | + | 9 (3) assist the state department in developing standards and |
---|
| 2525 | + | 10 guidelines for proprietary residential wastewater treatment |
---|
| 2526 | + | 11 devices and proprietary commercial wastewater treatment |
---|
| 2527 | + | 12 devices; and |
---|
| 2528 | + | 13 (4) assist the executive board and the state department in updating |
---|
| 2529 | + | 14 rules adopted under sections section 4 and 5 of this chapter |
---|
| 2530 | + | 15 concerning residential septic systems and commercial onsite |
---|
| 2531 | + | 16 sewage systems. |
---|
| 2532 | + | 17 (c) The technical review panel shall include the following: |
---|
| 2533 | + | 18 (1) A member of the staff of the state department, who shall serve |
---|
| 2534 | + | 19 as the chair. |
---|
| 2535 | + | 20 (2) A local health department environmental health specialist |
---|
| 2536 | + | 21 appointed by the governor. |
---|
| 2537 | + | 22 (3) An Indiana professional engineer registered under IC 25-31-1 |
---|
| 2538 | + | 23 representing the American Council of Engineering Companies. |
---|
| 2539 | + | 24 (4) A representative of the Indiana Builders Association. |
---|
| 2540 | + | 25 (5) An Indiana registered professional soil scientist (as defined in |
---|
| 2541 | + | 26 IC 25-31.5-1-6) representing the Indiana Registry of Soil |
---|
| 2542 | + | 27 Scientists. |
---|
| 2543 | + | 28 (6) A representative of an Indiana college or university with a |
---|
| 2544 | + | 29 specialty in engineering, soil science, environmental health, or |
---|
| 2545 | + | 30 biology appointed by the governor. |
---|
| 2546 | + | 31 (7) A representative of the Indiana Onsite Wastewater |
---|
| 2547 | + | 32 Professionals Association. |
---|
| 2548 | + | 33 (8) An Indiana onsite sewage system contractor appointed by the |
---|
| 2549 | + | 34 governor. |
---|
| 2550 | + | 35 (9) A representative of the Indiana State Building and |
---|
| 2551 | + | 36 Construction Trades Council. |
---|
| 2552 | + | 37 All members of the technical review panel are voting members. |
---|
| 2553 | + | 38 (d) In the case of a tie vote of the technical review panel, the |
---|
| 2554 | + | 39 technical review panel shall, not more than seven (7) days after the day |
---|
| 2555 | + | 40 of the tie vote: |
---|
| 2556 | + | 41 (1) contact the applicant by phone call and by mail; and |
---|
| 2557 | + | 42 (2) request more information or provide an explanation of how the |
---|
| 2558 | + | 2022(ts) IN 418—LS 7237/DI 92 60 |
---|
| 2559 | + | 1 applicant can modify the application to make it more complete. |
---|
| 2560 | + | 2 The technical review panel shall review any new information provided |
---|
| 2561 | + | 3 by the applicant and vote again on the application not more than thirty |
---|
| 2562 | + | 4 (30) days after receiving the information. |
---|
| 2563 | + | 5 (e) The technical review panel shall do the following: |
---|
| 2564 | + | 6 (1) Receive applications for the approval of TNI for general use |
---|
| 2565 | + | 7 in: |
---|
| 2566 | + | 8 (A) residential septic systems under sections 4 and 5 of this |
---|
| 2567 | + | 9 chapter, section 27 of this chapter and IC 16-41-25; and |
---|
| 2568 | + | 10 (B) commercial onsite sewage systems under sections 4 and 5 |
---|
| 2569 | + | 11 of this chapter, section 27 of this chapter and IC 16-19-3.5. |
---|
| 2570 | + | 12 (2) Meet at least four (4) times per year to review applications |
---|
| 2571 | + | 13 described in subdivision (1). |
---|
| 2572 | + | 14 (3) Notify each person who submits an application described in |
---|
| 2573 | + | 15 subdivision (1): |
---|
| 2574 | + | 16 (A) that the person's application has been received by the |
---|
| 2575 | + | 17 technical review panel; and |
---|
| 2576 | + | 18 (B) of whether the application is complete; |
---|
| 2577 | + | 19 not later than thirty (30) days after the technical review panel |
---|
| 2578 | + | 20 receives the application. |
---|
| 2579 | + | 21 (4) Inform each person who submits an application described in |
---|
| 2580 | + | 22 subdivision (1) of: |
---|
| 2581 | + | 23 (A) a tentative decision of the technical review panel; or |
---|
| 2582 | + | 24 (B) the technical review panel's final decision under |
---|
| 2583 | + | 25 subsection (f); |
---|
| 2584 | + | 26 concerning the application not more than ninety (90) days after |
---|
| 2585 | + | 27 the technical review panel notifies the person under subdivision |
---|
| 2586 | + | 28 (3) that the panel has received the person's application. |
---|
| 2587 | + | 29 (f) In response to each application described in subsection (e)(1), |
---|
| 2588 | + | 30 the technical review panel shall make, and inform the applicant of, one |
---|
| 2589 | + | 31 (1) of the following final decisions: |
---|
| 2590 | + | 32 (1) That the TNI to which the application relates is approved for |
---|
| 2591 | + | 33 general use in Indiana. |
---|
| 2592 | + | 34 (2) That the TNI to which the application relates is approved for |
---|
| 2593 | + | 35 use in Indiana with certain conditions, which may include: |
---|
| 2594 | + | 36 (A) a requirement that the TNI be used initially only in a pilot |
---|
| 2595 | + | 37 project; |
---|
| 2596 | + | 38 (B) restrictions on the number or type of installations of the |
---|
| 2597 | + | 39 TNI; |
---|
| 2598 | + | 40 (C) sampling and analysis requirements for TNI involving or |
---|
| 2599 | + | 41 comprising a secondary treatment system; |
---|
| 2600 | + | 42 (D) requirements relating to training concerning the TNI; |
---|
| 2601 | + | 2022(ts) IN 418—LS 7237/DI 92 61 |
---|
| 2602 | + | 1 (E) requirements concerning the operation and maintenance of |
---|
| 2603 | + | 2 the TNI; or |
---|
| 2604 | + | 3 (F) other requirements. |
---|
| 2605 | + | 4 (3) That the TNI to which the application relates is approved on |
---|
| 2606 | + | 5 a project-by-project basis. |
---|
| 2607 | + | 6 (4) That the TNI is not approved for use in Indiana, which must |
---|
| 2608 | + | 7 be accompanied by a statement of the reason for the decision. |
---|
| 2609 | + | 8 (g) If the technical review panel makes a decision under subsection |
---|
| 2610 | + | 9 (f)(4) that the TNI is not approved for use in Indiana, the applicant |
---|
| 2611 | + | 10 may: |
---|
| 2612 | + | 11 (1) submit a new application to the technical review panel under |
---|
| 2613 | + | 12 this section; or |
---|
| 2614 | + | 13 (2) file a petition for review of the technical review panel's |
---|
| 2615 | + | 14 decision under IC 4-21.5-3. |
---|
| 2616 | + | 15 (h) If the technical review panel fails to notify a person who submits |
---|
| 2617 | + | 16 an application of the technical review panel's tentative decision or final |
---|
| 2618 | + | 17 recommendation within ninety (90) days after receiving the application |
---|
| 2619 | + | 18 as required by subsection (e)(4), the person who submitted the |
---|
| 2620 | + | 19 application may use the TNI to which the application relates in a single |
---|
| 2621 | + | 20 residential septic system or commercial onsite sewage system, as if the |
---|
| 2622 | + | 21 TNI had been approved only for use in a pilot project. |
---|
| 2623 | + | 22 (i) The technical review panel shall decide that the TNI to which an |
---|
| 2624 | + | 23 application relates is approved for general use in Indiana if: |
---|
| 2625 | + | 24 (1) the TNI has been certified as meeting the NSF/ANSI 40 |
---|
| 2626 | + | 25 Standard; |
---|
| 2627 | + | 26 (2) a proposed Indiana design and installation manual for the TNI |
---|
| 2628 | + | 27 is submitted with the permit application; and |
---|
| 2629 | + | 28 (3) the technical review panel certifies that the proposed Indiana |
---|
| 2630 | + | 29 design and installation manual meets the vertical and horizontal |
---|
| 2631 | + | 30 separation, sizing, and soil loading criteria of the state |
---|
| 2632 | + | 31 department. |
---|
| 2633 | + | 32 (j) Subsection (k) applies if: |
---|
| 2634 | + | 33 (1) a particular TNI meets the requirements of NSF/ANSI 40, |
---|
| 2635 | + | 34 NSF/ANSI 245, or NSF/ANSI 350; |
---|
| 2636 | + | 35 (2) the proposed Indiana design and installation manual for the |
---|
| 2637 | + | 36 TNI meets the vertical and horizontal separation, sizing, and soil |
---|
| 2638 | + | 37 loading criteria of the state department; and |
---|
| 2639 | + | 38 (3) an Indiana professional engineer registered under IC 25-31-1 |
---|
| 2640 | + | 39 prepares site specific plans for the use of the TNI for a residential |
---|
| 2641 | + | 40 or commercial application. |
---|
| 2642 | + | 41 (k) In a case described in subsection (j): |
---|
| 2643 | + | 42 (1) if the TNI is to be used in a residential application, the site |
---|
| 2644 | + | 2022(ts) IN 418—LS 7237/DI 92 62 |
---|
| 2645 | + | 1 specific plans prepared under subsection (j)(3), after being |
---|
| 2646 | + | 2 submitted to the local health department of the county, city, or |
---|
| 2647 | + | 3 multiple county unit in which the TNI would be installed, may be |
---|
| 2648 | + | 4 approved by the local health department within the period set |
---|
| 2649 | + | 5 forth in IC 16-41-25-1(a); and |
---|
| 2650 | + | 6 (2) if the TNI is to be used in a commercial application, the site |
---|
| 2651 | + | 7 specific plans prepared under subsection (j)(3) shall be approved |
---|
| 2652 | + | 8 by the state department upon submission of the site specific plans. |
---|
| 2653 | + | 9 (l) A local health department may not refuse an application for a |
---|
| 2654 | + | 10 permit for the construction or installation of a residential onsite |
---|
| 2655 | + | 11 sewage system (as defined in IC 16-41-25-0.4) solely because the |
---|
| 2656 | + | 12 residential onsite sewage system has not been used previously in the |
---|
| 2657 | + | 13 jurisdiction of the local health department or is unfamiliar to the local |
---|
| 2658 | + | 14 health department, if either of the following apply: |
---|
| 2659 | + | 15 (1) The residential onsite sewage system has been approved by |
---|
| 2660 | + | 16 the technical review panel under this section for general use in |
---|
| 2661 | + | 17 Indiana. |
---|
| 2662 | + | 18 (2) The residential onsite sewage system: |
---|
| 2663 | + | 19 (A) is based on one (1) or more sewage treatment or disposal |
---|
| 2664 | + | 20 methods or processes; or |
---|
| 2665 | + | 21 (B) incorporates equipment; |
---|
| 2666 | + | 22 approved by the technical review panel under this section for |
---|
| 2667 | + | 23 general use in Indiana. |
---|
| 2668 | + | 24 SECTION 12. IC 16-41-25-1, AS AMENDED BY P.L.104-2022, |
---|
| 2669 | + | 25 SECTION 119, AND AS AMENDED BY P.L.167-2022, SECTION 7, |
---|
| 2670 | + | 26 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 2671 | + | 27 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The state department shall |
---|
| 2672 | + | 28 adopt rules under IC 4-22-2 that provide for a reasonable period not |
---|
| 2673 | + | 29 exceeding thirty (30) days in which a plan review and permit for a |
---|
| 2674 | + | 30 residential septic systems onsite sewage system must be approved or |
---|
| 2675 | + | 31 disapproved. |
---|
| 2676 | + | 32 (b) This subsection applies to a county with a population of more |
---|
| 2677 | + | 33 than eighty thousand (80,000) and less than eighty thousand four |
---|
| 2678 | + | 34 hundred (80,400). As used in this subsection, "fill soil" means soil |
---|
| 2679 | + | 35 transported and deposited by humans or soil recently transported and |
---|
| 2680 | + | 36 deposited by natural erosion forces. A rule that the state department |
---|
| 2681 | + | 37 adopts concerning the installation of residential septic onsite sewage |
---|
| 2682 | + | 38 systems in fill soil may not prohibit the installation of a residential |
---|
| 2683 | + | 39 septic onsite sewage system in fill soil on a plat if: |
---|
| 2684 | + | 40 (1) before the effective date of the rule, the plat of the affected lot |
---|
| 2685 | + | 41 was recorded; |
---|
| 2686 | + | 42 (2) there is not an available sewer line within seven hundred fifty |
---|
| 2687 | + | 2022(ts) IN 418—LS 7237/DI 92 63 |
---|
| 2688 | + | 1 (750) feet of the property line of the affected lot; and |
---|
| 2689 | + | 2 (3) the local health department determines that the soil, although |
---|
| 2690 | + | 3 fill soil, is suitable for the installation of a residential septic onsite |
---|
| 2691 | + | 4 sewage system. |
---|
| 2692 | + | 5 SECTION 13. IC 20-28-9-1.5, AS AMENDED BY P.L.134-2022, |
---|
| 2693 | + | 6 SECTION 2, AND AS AMENDED BY P.L.168-2022, SECTION 15, |
---|
| 2694 | + | 7 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 2695 | + | 8 [EFFECTIVE JULY 1, 2022]: Sec. 1.5. (a) This subsection governs |
---|
| 2696 | + | 9 salary increases for a teacher employed by a school corporation. |
---|
| 2697 | + | 10 Compensation attributable to additional degrees or graduate credits |
---|
| 2698 | + | 11 earned before the effective date of a local compensation plan created |
---|
| 2699 | + | 12 under this chapter before July 1, 2015, shall continue for school years |
---|
| 2700 | + | 13 beginning after June 30, 2015. Compensation attributable to additional |
---|
| 2701 | + | 14 degrees for which a teacher has started course work before July 1, |
---|
| 2702 | + | 15 2011, and completed course work before September 2, 2014, shall also |
---|
| 2703 | + | 16 continue for school years beginning after June 30, 2015. For school |
---|
| 2704 | + | 17 years beginning after June 30, 2015, 2022, a school corporation may |
---|
| 2705 | + | 18 provide a supplemental payment to a teacher in excess of the salary |
---|
| 2706 | + | 19 specified in the school corporation's compensation plan. under any of |
---|
| 2707 | + | 20 the following circumstances: |
---|
| 2708 | + | 21 (1) The teacher: |
---|
| 2709 | + | 22 (A) teaches an advanced placement course or a Cambridge |
---|
| 2710 | + | 23 International course; or |
---|
| 2711 | + | 24 (B) has earned a master's degree from an accredited |
---|
| 2712 | + | 25 postsecondary educational institution in a content area |
---|
| 2713 | + | 26 directly related to the subject matter of: |
---|
| 2714 | + | 27 (i) a dual credit course; or |
---|
| 2715 | + | 28 (ii) another course; |
---|
| 2716 | + | 29 taught by the teacher. |
---|
| 2717 | + | 30 (2) Beginning after June 30, 2018, the teacher: |
---|
| 2718 | + | 31 (A) is a special education professional; or |
---|
| 2719 | + | 32 (B) teaches in the areas of science, technology, engineering, |
---|
| 2720 | + | 33 or mathematics. |
---|
| 2721 | + | 34 (3) Beginning after June 30, 2019, the teacher teaches a career |
---|
| 2722 | + | 35 or technical education course. |
---|
| 2723 | + | 36 In addition, a supplemental payment may be made to an elementary |
---|
| 2724 | + | 37 school teacher who earns a master's degree in math, reading, or |
---|
| 2725 | + | 38 literacy. A supplement provided under this subsection is not subject to |
---|
| 2726 | + | 39 collective bargaining but a discussion of the supplement must be held. |
---|
| 2727 | + | 40 Such a supplement is in addition to any increase permitted under |
---|
| 2728 | + | 41 subsection (b). |
---|
| 2729 | + | 42 (b) Increases or increments in a local salary range must be based |
---|
| 2730 | + | 2022(ts) IN 418—LS 7237/DI 92 64 |
---|
| 2731 | + | 1 upon a combination of the following factors: |
---|
| 2732 | + | 2 (1) A combination of the following factors taken together may |
---|
| 2733 | + | 3 account for not more than fifty percent (50%) of the calculation |
---|
| 2734 | + | 4 used to determine a teacher's increase or increment: |
---|
| 2735 | + | 5 (A) The number of years of a teacher's experience. |
---|
| 2736 | + | 6 (B) The possession of either: |
---|
| 2737 | + | 7 (i) additional content area degrees beyond the requirements |
---|
| 2738 | + | 8 for employment; or |
---|
| 2739 | + | 9 (ii) additional content area degrees and credit hours beyond |
---|
| 2740 | + | 10 the requirements for employment, if required under an |
---|
| 2741 | + | 11 agreement bargained under IC 20-29. |
---|
| 2742 | + | 12 (2) The results of an evaluation conducted under IC 20-28-11.5. |
---|
| 2743 | + | 13 (3) The assignment of instructional leadership roles, including the |
---|
| 2744 | + | 14 responsibility for conducting evaluations under IC 20-28-11.5. |
---|
| 2745 | + | 15 (4) The academic needs of students in the school corporation. |
---|
| 2746 | + | 16 (c) To provide greater flexibility and options, a school corporation |
---|
| 2747 | + | 17 may differentiate the amount of salary increases or increments |
---|
| 2748 | + | 18 determined for teachers. A school corporation shall base a |
---|
| 2749 | + | 19 differentiated amount under this subsection on reasons the school |
---|
| 2750 | + | 20 corporation determines are appropriate, which may include the: |
---|
| 2751 | + | 21 (1) subject or subjects including the subjects described in |
---|
| 2752 | + | 22 subsection (a)(2), taught by a given teacher; |
---|
| 2753 | + | 23 (2) importance of retaining a given teacher at the school |
---|
| 2754 | + | 24 corporation; and |
---|
| 2755 | + | 25 (3) need to attract an individual with specific qualifications to fill |
---|
| 2756 | + | 26 a teaching vacancy; and |
---|
| 2757 | + | 27 (4) offering of a new program or class. |
---|
| 2758 | + | 28 (d) A school corporation may provide differentiated increases or |
---|
| 2759 | + | 29 increments under subsection (b), and in excess of the percentage |
---|
| 2760 | + | 30 specified in subsection (b)(1), in order to: |
---|
| 2761 | + | 31 (1) reduce the gap between the school corporation's minimum |
---|
| 2762 | + | 32 teacher salary and the average of the school corporation's |
---|
| 2763 | + | 33 minimum and maximum teacher salaries; or |
---|
| 2764 | + | 34 (2) allow teachers currently employed by the school corporation |
---|
| 2765 | + | 35 to receive a salary adjusted in comparison to starting base salaries |
---|
| 2766 | + | 36 of new teachers. |
---|
| 2767 | + | 37 (e) Except as provided in subsection (f), a teacher rated ineffective |
---|
| 2768 | + | 38 or improvement necessary under IC 20-28-11.5 may not receive any |
---|
| 2769 | + | 39 raise or increment for the following year if the teacher's employment |
---|
| 2770 | + | 40 contract is continued. The amount that would otherwise have been |
---|
| 2771 | + | 41 allocated for the salary increase of teachers rated ineffective or |
---|
| 2772 | + | 42 improvement necessary shall be allocated for compensation of all |
---|
| 2773 | + | 2022(ts) IN 418—LS 7237/DI 92 65 |
---|
| 2774 | + | 1 teachers rated effective and highly effective based on the criteria in |
---|
| 2775 | + | 2 subsection (b). |
---|
| 2776 | + | 3 (f) Subsection (e) does not apply to a teacher in the first two (2) full |
---|
| 2777 | + | 4 school years that the teacher provides instruction to students in |
---|
| 2778 | + | 5 elementary school or high school. If a teacher provides instruction to |
---|
| 2779 | + | 6 students in elementary school or high school in another state, any full |
---|
| 2780 | + | 7 school year, or its equivalent in the other state, that the teacher provides |
---|
| 2781 | + | 8 instruction counts toward the two (2) full school years under this |
---|
| 2782 | + | 9 subsection. |
---|
| 2783 | + | 10 (g) A teacher who does not receive a raise or increment under |
---|
| 2784 | + | 11 subsection (e) may file a request with the superintendent or |
---|
| 2785 | + | 12 superintendent's designee not later than five (5) days after receiving |
---|
| 2786 | + | 13 notice that the teacher received a rating of ineffective. The teacher is |
---|
| 2787 | + | 14 entitled to a private conference with the superintendent or |
---|
| 2788 | + | 15 superintendent's designee. |
---|
| 2789 | + | 16 (h) The Indiana education employment relations board established |
---|
| 2790 | + | 17 in IC 20-29-3-1 shall publish a model compensation plan with a model |
---|
| 2791 | + | 18 salary range that a school corporation may adopt. |
---|
| 2792 | + | 19 (i) Each school corporation shall submit its local compensation plan |
---|
| 2793 | + | 20 to the Indiana education employment relations board. For a school year |
---|
| 2794 | + | 21 beginning after June 30, 2015, a local compensation plan must specify |
---|
| 2795 | + | 22 the range for teacher salaries. The Indiana education employment |
---|
| 2796 | + | 23 relations board shall publish the local compensation plans on the |
---|
| 2797 | + | 24 Indiana education employment relations board's Internet web site. |
---|
| 2798 | + | 25 (j) The Indiana education employment relations board shall review |
---|
| 2799 | + | 26 a compensation plan for compliance with this section as part of its |
---|
| 2800 | + | 27 review under IC 20-29-6-6.1. The Indiana education employment |
---|
| 2801 | + | 28 relations board has jurisdiction to determine compliance of a |
---|
| 2802 | + | 29 compensation plan submitted under this section. |
---|
| 2803 | + | 30 (k) This chapter may not be construed to require or allow a school |
---|
| 2804 | + | 31 corporation to decrease the salary of any teacher below the salary the |
---|
| 2805 | + | 32 teacher was earning on or before July 1, 2015, if that decrease would |
---|
| 2806 | + | 33 be made solely to conform to the new compensation plan. |
---|
| 2807 | + | 34 (l) After June 30, 2011, all rights, duties, or obligations established |
---|
| 2808 | + | 35 under IC 20-28-9-1 before its repeal are considered rights, duties, or |
---|
| 2809 | + | 36 obligations under this section. |
---|
| 2810 | + | 37 (m) An employment agreement described in IC 20-28-6-7.3 between |
---|
| 2811 | + | 38 an adjunct teacher and a school corporation is not subject to this |
---|
| 2812 | + | 39 section. |
---|
| 2813 | + | 40 SECTION 14. IC 20-30-2-4, AS AMENDED BY P.L.130-2022, |
---|
| 2814 | + | 41 SECTION 3, AND AS AMENDED BY P.L.139-2022, SECTION 14, |
---|
| 2815 | + | 42 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 2816 | + | 2022(ts) IN 418—LS 7237/DI 92 66 |
---|
| 2817 | + | 1 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Subject to subsection (b), (c), |
---|
| 2818 | + | 2 if a school corporation fails to conduct the minimum number of student |
---|
| 2819 | + | 3 instructional days during a school year as required under section 3 of |
---|
| 2820 | + | 4 this chapter, the department shall reduce the August tuition support |
---|
| 2821 | + | 5 distribution to that school corporation for a school year by an amount |
---|
| 2822 | + | 6 determined as follows: |
---|
| 2823 | + | 7 STEP ONE: Determine the remainder of: |
---|
| 2824 | + | 8 (A) the amount of the total tuition support allocated to the |
---|
| 2825 | + | 9 school corporation for the particular school year; minus |
---|
| 2826 | + | 10 (B) that part of the total tuition support allocated to the school |
---|
| 2827 | + | 11 corporation for that school year with respect to student |
---|
| 2828 | + | 12 instructional days one hundred seventy-six (176) through one |
---|
| 2829 | + | 13 hundred eighty (180). |
---|
| 2830 | + | 14 STEP TWO: Subtract the number of student instructional days |
---|
| 2831 | + | 15 that the school corporation conducted from one hundred eighty |
---|
| 2832 | + | 16 (180). |
---|
| 2833 | + | 17 STEP THREE: Determine the lesser of five (5) or the remainder |
---|
| 2834 | + | 18 determined under STEP TWO. |
---|
| 2835 | + | 19 STEP FOUR: Divide the amount subtracted under STEP ONE (B) |
---|
| 2836 | + | 20 by five (5). |
---|
| 2837 | + | 21 STEP FIVE: Multiply the quotient determined under STEP FOUR |
---|
| 2838 | + | 22 by the number determined under STEP THREE. |
---|
| 2839 | + | 23 STEP SIX: Subtract the number determined under STEP THREE |
---|
| 2840 | + | 24 from the remainder determined under STEP TWO. |
---|
| 2841 | + | 25 STEP SEVEN: Divide the remainder determined under STEP |
---|
| 2842 | + | 26 ONE by one hundred seventy-five (175). |
---|
| 2843 | + | 27 STEP EIGHT: Multiply the quotient determined under STEP |
---|
| 2844 | + | 28 SEVEN by the remainder determined under STEP SIX. |
---|
| 2845 | + | 29 STEP NINE: Add the product determined under STEP FIVE to |
---|
| 2846 | + | 30 the product determined under STEP EIGHT. |
---|
| 2847 | + | 31 (b) If the total amount of state tuition support that a school |
---|
| 2848 | + | 32 corporation receives or will receive during a school year decreases |
---|
| 2849 | + | 33 under this section by an amount that is equal to or more than two |
---|
| 2850 | + | 34 hundred fifty thousand dollars ($250,000) from the amount the school |
---|
| 2851 | + | 35 corporation would otherwise be eligible to receive during the school |
---|
| 2852 | + | 36 year as determined under IC 20-43, the budget committee shall review |
---|
| 2853 | + | 37 the amount of and the reason for the decrease before implementation |
---|
| 2854 | + | 38 of the decrease. |
---|
| 2855 | + | 39 (b) (c) If fewer than all of the schools in a school corporation fail |
---|
| 2856 | + | 40 to conduct the minimum number of student instructional days during |
---|
| 2857 | + | 41 a school year as required under section 3 of this chapter, the reduction |
---|
| 2858 | + | 42 in August tuition support required by this section shall take into |
---|
| 2859 | + | 2022(ts) IN 418—LS 7237/DI 92 67 |
---|
| 2860 | + | 1 account only the schools in the school corporation that failed to |
---|
| 2861 | + | 2 conduct the minimum number of student instructional days and only |
---|
| 2862 | + | 3 the grades for which the required number of student instructional days |
---|
| 2863 | + | 4 was not conducted. |
---|
| 2864 | + | 5 SECTION 15. IC 25-22.5-1-1.1, AS AMENDED BY P.L.128-2022, |
---|
| 2865 | + | 6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 2866 | + | 7 JULY 1, 2022]: Sec. 1.1. As used in this article: |
---|
| 2867 | + | 8 (a) "Practice of medicine or osteopathic medicine" means any one |
---|
| 2868 | + | 9 (1) or a combination of the following: |
---|
| 2869 | + | 10 (1) Holding oneself out to the public as being engaged in: |
---|
| 2870 | + | 11 (A) the diagnosis, treatment, correction, or prevention of any |
---|
| 2871 | + | 12 disease, ailment, defect, injury, infirmity, deformity, pain, or |
---|
| 2872 | + | 13 other condition of human beings; |
---|
| 2873 | + | 14 (B) the suggestion, recommendation, or prescription or |
---|
| 2874 | + | 15 administration of any form of treatment, without limitation; |
---|
| 2875 | + | 16 (C) the performing of any kind of surgical operation upon a |
---|
| 2876 | + | 17 human being, including tattooing (except for providing a tattoo |
---|
| 2877 | + | 18 as defined in IC 35-45-21-4(a)), in which human tissue is cut, |
---|
| 2878 | + | 19 burned, or vaporized by the use of any mechanical means, |
---|
| 2879 | + | 20 laser, or ionizing radiation, or the penetration of the skin or |
---|
| 2880 | + | 21 body orifice by any means, for the intended palliation, relief, |
---|
| 2881 | + | 22 or cure; or |
---|
| 2882 | + | 23 (D) the prevention of any physical, mental, or functional |
---|
| 2883 | + | 24 ailment or defect of any person. |
---|
| 2884 | + | 25 (2) The maintenance of an office or a place of business for the |
---|
| 2885 | + | 26 reception, examination, or treatment of persons suffering from |
---|
| 2886 | + | 27 disease, ailment, defect, injury, infirmity, deformity, pain, or other |
---|
| 2887 | + | 28 conditions of body or mind. |
---|
| 2888 | + | 29 (3) Attaching to a name, either alone or in connection with other |
---|
| 2889 | + | 30 words, the designation or term: |
---|
| 2890 | + | 31 (A) "doctor of medicine"; |
---|
| 2891 | + | 32 (B) "M.D."; |
---|
| 2892 | + | 33 (C) "doctor of osteopathy"; |
---|
| 2893 | + | 34 (D) "D.O."; |
---|
| 2894 | + | 35 (E) "physician"; |
---|
| 2895 | + | 36 (F) "osteopath"; |
---|
| 2896 | + | 37 (G) "osteopathic medical physician"; |
---|
| 2897 | + | 38 (H) "surgeon"; |
---|
| 2898 | + | 39 (I) "physician and surgeon"; |
---|
| 2899 | + | 40 (J) "anesthesiologist"; |
---|
| 2900 | + | 41 (K) "cardiologist"; |
---|
| 2901 | + | 42 (L) "dermatologist"; |
---|
| 2902 | + | 2022(ts) IN 418—LS 7237/DI 92 68 |
---|
| 2903 | + | 1 (M) "endocrinologist"; |
---|
| 2904 | + | 2 (N) "gastroenterologist"; |
---|
| 2905 | + | 3 (O) "gynecologist"; |
---|
| 2906 | + | 4 (P) "hematologist"; |
---|
| 2907 | + | 5 (Q) "internist"; |
---|
| 2908 | + | 6 (R) "laryngologist"; |
---|
| 2909 | + | 7 (S) "nephrologist"; |
---|
| 2910 | + | 8 (T) "neurologist"; |
---|
| 2911 | + | 9 (U) "obstetrician"; |
---|
| 2912 | + | 10 (V) "oncologist"; |
---|
| 2913 | + | 11 (W) "ophthalmologist"; |
---|
| 2914 | + | 12 (X) "orthopedic surgeon"; |
---|
| 2915 | + | 13 (Y) "orthopedist"; |
---|
| 2916 | + | 14 (Z) "otologist"; |
---|
| 2917 | + | 15 (AA) "otolaryngologist"; |
---|
| 2918 | + | 16 (BB) "otorhinolaryngologist"; |
---|
| 2919 | + | 17 (CC) "pathologist"; |
---|
| 2920 | + | 18 (DD) "pediatrician"; |
---|
| 2921 | + | 19 (EE) "primary care physician"; |
---|
| 2922 | + | 20 (FF) "proctologist"; |
---|
| 2923 | + | 21 (GG) "psychiatrist"; |
---|
| 2924 | + | 22 (HH) "radiologist"; |
---|
| 2925 | + | 23 (II) "rheumatologist"; |
---|
| 2926 | + | 24 (JJ) "rhinologist"; |
---|
| 2927 | + | 25 (KK) "urologist"; |
---|
| 2928 | + | 26 (LL) "medical doctor"; |
---|
| 2929 | + | 27 (MM) "family practice physician"; or |
---|
| 2930 | + | 28 (NN) "physiatrist". |
---|
| 2931 | + | 29 This subdivision does not apply to a practitioner if the practitioner |
---|
| 2932 | + | 30 has a special area of practice and the practitioner uses the |
---|
| 2933 | + | 31 following format: "[The name or title of the practitioner's |
---|
| 2934 | + | 32 profession] specializing in [name of specialty]". |
---|
| 2935 | + | 33 (4) Nothing in subdivision (3) prevents the following: |
---|
| 2936 | + | 34 (A) A practitioner from using the name or title of the |
---|
| 2937 | + | 35 practitioner's profession that is allowed under the practitioner's |
---|
| 2938 | + | 36 practice act or under a law in the Indiana Code. |
---|
| 2939 | + | 37 (B) A practitioner who is a chiropractor (as defined in |
---|
| 2940 | + | 38 IC 25-10-1-1) and who has attained diplomate status in a |
---|
| 2941 | + | 39 chiropractic specialty area recognized by the American |
---|
| 2942 | + | 40 Chiropractic Association, International Chiropractic |
---|
| 2943 | + | 41 Chiropractors Association, or International Academy of |
---|
| 2944 | + | 42 Clinical Neurology before July 1, 2025, from using a |
---|
| 2945 | + | 2022(ts) IN 418—LS 7237/DI 92 69 |
---|
| 2946 | + | 1 designation or term included in subdivision (3) in conjunction |
---|
| 2947 | + | 2 with the name or title of the practitioner's profession. |
---|
| 2948 | + | 3 (C) A practitioner who is a dentist licensed under IC 25-14-1 |
---|
| 2949 | + | 4 and who has completed a dental anesthesiology residency |
---|
| 2950 | + | 5 recognized by the American Dental Board of Anesthesiology |
---|
| 2951 | + | 6 before July 1, 2025, from using a designation or term included |
---|
| 2952 | + | 7 in subdivision (3) in conjunction with the name or title of the |
---|
| 2953 | + | 8 practitioner's profession. |
---|
| 2954 | + | 9 (5) Providing diagnostic or treatment services to a person in |
---|
| 2955 | + | 10 Indiana when the diagnostic or treatment services: |
---|
| 2956 | + | 11 (A) are transmitted through electronic communications; and |
---|
| 2957 | + | 12 (B) are on a regular, routine, and nonepisodic basis or under |
---|
| 2958 | + | 13 an oral or written agreement to regularly provide medical |
---|
| 2959 | + | 14 services. |
---|
| 2960 | + | 15 In addition to the exceptions described in section 2 of this chapter, |
---|
| 2961 | + | 16 a nonresident physician who is located outside Indiana does not |
---|
| 2962 | + | 17 practice medicine or osteopathy in Indiana by providing a second |
---|
| 2963 | + | 18 opinion to a licensee or diagnostic or treatment services to a |
---|
| 2964 | + | 19 patient in Indiana following medical care originally provided to |
---|
| 2965 | + | 20 the patient while outside Indiana. |
---|
| 2966 | + | 21 (b) "Board" refers to the medical licensing board of Indiana. |
---|
| 2967 | + | 22 (c) "Diagnose or diagnosis" means to examine a patient, parts of a |
---|
| 2968 | + | 23 patient's body, substances taken or removed from a patient's body, or |
---|
| 2969 | + | 24 materials produced by a patient's body to determine the source or |
---|
| 2970 | + | 25 nature of a disease or other physical or mental condition, or to hold |
---|
| 2971 | + | 26 oneself out or represent that a person is a physician and is so examining |
---|
| 2972 | + | 27 a patient. It is not necessary that the examination be made in the |
---|
| 2973 | + | 28 presence of the patient; it may be made on information supplied either |
---|
| 2974 | + | 29 directly or indirectly by the patient. |
---|
| 2975 | + | 30 (d) "Drug or medicine" means any medicine, compound, or |
---|
| 2976 | + | 31 chemical or biological preparation intended for internal or external use |
---|
| 2977 | + | 32 of humans, and all substances intended to be used for the diagnosis, |
---|
| 2978 | + | 33 cure, mitigation, or prevention of diseases or abnormalities of humans, |
---|
| 2979 | + | 34 which are recognized in the latest editions published of the United |
---|
| 2980 | + | 35 States Pharmacopoeia or National Formulary, or otherwise established |
---|
| 2981 | + | 36 as a drug or medicine. |
---|
| 2982 | + | 37 (e) "Licensee" means any individual holding a valid unlimited |
---|
| 2983 | + | 38 license issued by the board under this article. |
---|
| 2984 | + | 39 (f) "Prescribe or prescription" means to direct, order, or designate |
---|
| 2985 | + | 40 the use of or manner of using a drug, medicine, or treatment, by spoken |
---|
| 2986 | + | 41 or written words or other means and in accordance with IC 25-1-9.3. |
---|
| 2987 | + | 42 (g) "Physician" means any person who holds the degree of doctor of |
---|
| 2988 | + | 2022(ts) IN 418—LS 7237/DI 92 70 |
---|
| 2989 | + | 1 medicine or doctor of osteopathy or its equivalent and who holds a |
---|
| 2990 | + | 2 valid unlimited license to practice medicine or osteopathic medicine in |
---|
| 2991 | + | 3 Indiana. |
---|
| 2992 | + | 4 (h) "Medical school" means a nationally accredited college of |
---|
| 2993 | + | 5 medicine or of osteopathic medicine approved by the board. |
---|
| 2994 | + | 6 (i) "Physician assistant" means an individual who: |
---|
| 2995 | + | 7 (1) has a collaborative agreement with a physician; |
---|
| 2996 | + | 8 (2) graduated from an approved physician assistant program |
---|
| 2997 | + | 9 described in IC 25-27.5-2-2; |
---|
| 2998 | + | 10 (3) passed the examination administered by the National |
---|
| 2999 | + | 11 Commission on Certification of Physician Assistants (NCCPA) |
---|
| 3000 | + | 12 and maintains certification; and |
---|
| 3001 | + | 13 (4) has been licensed by the physician assistant committee under |
---|
| 3002 | + | 14 IC 25-27.5. |
---|
| 3003 | + | 15 (j) "Agency" refers to the Indiana professional licensing agency |
---|
| 3004 | + | 16 under IC 25-1-5. |
---|
| 3005 | + | 17 (k) "INSPECT program" means the Indiana scheduled prescription |
---|
| 3006 | + | 18 electronic collection and tracking program established by IC 25-1-13-4. |
---|
| 3007 | + | 19 SECTION 16. IC 32-22-3-4, AS ADDED BY P.L.156-2022, |
---|
| 3008 | + | 20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 3009 | + | 21 JULY 1, 2022]: Sec. 4. (a) Except as provided in section 0.5 of this |
---|
| 3010 | + | 22 chapter, after June 30, 2022, a foreign business entity may not acquire |
---|
| 3011 | + | 23 by grant, purchase, devise, descent, or otherwise any agricultural land |
---|
| 3012 | + | 24 located within Indiana for the purposes of crop farming or timber |
---|
| 3013 | + | 25 production. |
---|
| 3014 | + | 26 (b) Except as provided in section 0.5 of this chapter, a foreign |
---|
| 3015 | + | 27 business entity that acquired agricultural land located within Indiana |
---|
| 3016 | + | 28 for the purposes of crop farming or timber production before July 1, |
---|
| 3017 | + | 29 2022, may not grant, sell, or otherwise transfer the agricultural land to |
---|
| 3018 | + | 30 any other foreign business entity for the purposes of crop farming or |
---|
| 3019 | + | 31 timber production after June 30, 2022. |
---|
| 3020 | + | 32 SECTION 17. IC 33-24-6-3, AS AMENDED BY P.L.105-2022, |
---|
| 3021 | + | 33 SECTION 43, AND AS AMENDED BY P.L.147-2022, SECTION 4, |
---|
| 3022 | + | 34 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 3023 | + | 35 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The office of judicial |
---|
| 3024 | + | 36 administration shall do the following: |
---|
| 3025 | + | 37 (1) Examine the administrative and business methods and systems |
---|
| 3026 | + | 38 employed in the offices of the clerks of court and other offices |
---|
| 3027 | + | 39 related to and serving the courts and make recommendations for |
---|
| 3028 | + | 40 necessary improvement. |
---|
| 3029 | + | 41 (2) Collect and compile statistical data and other information on |
---|
| 3030 | + | 42 the judicial work of the courts in Indiana. All justices of the |
---|
| 3031 | + | 2022(ts) IN 418—LS 7237/DI 92 71 |
---|
| 3032 | + | 1 supreme court, judges of the court of appeals, judges of all trial |
---|
| 3033 | + | 2 courts, and any city or town courts, whether having general or |
---|
| 3034 | + | 3 special jurisdiction, court clerks, court reporters, and other |
---|
| 3035 | + | 4 officers and employees of the courts shall, upon notice by the |
---|
| 3036 | + | 5 chief administrative officer and in compliance with procedures |
---|
| 3037 | + | 6 prescribed by the chief administrative officer, furnish the chief |
---|
| 3038 | + | 7 administrative officer the information as is requested concerning |
---|
| 3039 | + | 8 the nature and volume of judicial business. The information must |
---|
| 3040 | + | 9 include the following: |
---|
| 3041 | + | 10 (A) The volume, condition, and type of business conducted by |
---|
| 3042 | + | 11 the courts. |
---|
| 3043 | + | 12 (B) The methods of procedure in the courts. |
---|
| 3044 | + | 13 (C) The work accomplished by the courts. |
---|
| 3045 | + | 14 (D) The receipt and expenditure of public money by and for |
---|
| 3046 | + | 15 the operation of the courts. |
---|
| 3047 | + | 16 (E) The methods of disposition or termination of cases. |
---|
| 3048 | + | 17 (3) Prepare and publish reports, not less than one (1) or more than |
---|
| 3049 | + | 18 two (2) times per year, on the nature and volume of judicial work |
---|
| 3050 | + | 19 performed by the courts as determined by the information |
---|
| 3051 | + | 20 required in subdivision (2). |
---|
| 3052 | + | 21 (4) Serve the judicial nominating commission and the judicial |
---|
| 3053 | + | 22 qualifications commission in the performance by the commissions |
---|
| 3054 | + | 23 of their statutory and constitutional functions. |
---|
| 3055 | + | 24 (5) Administer the civil legal aid fund as required by IC 33-24-12. |
---|
| 3056 | + | 25 (6) Administer the court technology fund established by section |
---|
| 3057 | + | 26 12 of this chapter. |
---|
| 3058 | + | 27 (7) By December 31, 2013, develop and implement a standard |
---|
| 3059 | + | 28 protocol for sending and receiving court data: |
---|
| 3060 | + | 29 (A) between the protective order registry, established by |
---|
| 3061 | + | 30 IC 5-2-9-5.5, and county court case management systems; |
---|
| 3062 | + | 31 (B) at the option of the county prosecuting attorney, for: |
---|
| 3063 | + | 32 (i) a prosecuting attorney's case management system; |
---|
| 3064 | + | 33 (ii) a county court case management system; and |
---|
| 3065 | + | 34 (iii) a county court case management system developed and |
---|
| 3066 | + | 35 operated by the office of judicial administration; |
---|
| 3067 | + | 36 to interface with the electronic traffic tickets, as defined by |
---|
| 3068 | + | 37 IC 9-30-3-2.5; and |
---|
| 3069 | + | 38 (C) between county court case management systems and the |
---|
| 3070 | + | 39 case management system developed and operated by the office |
---|
| 3071 | + | 40 of judicial administration. |
---|
| 3072 | + | 41 The standard protocol developed and implemented under this |
---|
| 3073 | + | 42 subdivision shall permit private sector vendors, including vendors |
---|
| 3074 | + | 2022(ts) IN 418—LS 7237/DI 92 72 |
---|
| 3075 | + | 1 providing service to a local system and vendors accessing the |
---|
| 3076 | + | 2 system for information, to send and receive court information on |
---|
| 3077 | + | 3 an equitable basis and at an equitable cost, and for a case |
---|
| 3078 | + | 4 management system developed and operated by the office of |
---|
| 3079 | + | 5 judicial administration, must include a searchable field for the |
---|
| 3080 | + | 6 name and bail agent license number, if applicable, of the bail |
---|
| 3081 | + | 7 agent or a person authorized by the surety that pays bail for an |
---|
| 3082 | + | 8 individual as described in IC 35-33-8-3.2. |
---|
| 3083 | + | 9 (8) Establish and administer an electronic system for receiving |
---|
| 3084 | + | 10 information that relates to certain individuals who may be |
---|
| 3085 | + | 11 prohibited from possessing a firearm for the purpose of: |
---|
| 3086 | + | 12 (A) transmitting this information to the Federal Bureau of |
---|
| 3087 | + | 13 Investigation for inclusion in the NICS; and |
---|
| 3088 | + | 14 (B) beginning July 1, 2021, compiling and publishing certain |
---|
| 3089 | + | 15 statistics related to the confiscation and retention of firearms |
---|
| 3090 | + | 16 as described under section 14 of this chapter. |
---|
| 3091 | + | 17 (9) Establish and administer an electronic system for receiving |
---|
| 3092 | + | 18 drug related felony conviction information from courts. The office |
---|
| 3093 | + | 19 of judicial administration shall notify NPLEx of each drug related |
---|
| 3094 | + | 20 felony entered after June 30, 2012, and do the following: |
---|
| 3095 | + | 21 (A) Provide NPLEx with the following information: |
---|
| 3096 | + | 22 (i) The convicted individual's full name. |
---|
| 3097 | + | 23 (ii) The convicted individual's date of birth. |
---|
| 3098 | + | 24 (iii) The convicted individual's driver's license number, state |
---|
| 3099 | + | 25 personal identification number, or other unique number, if |
---|
| 3100 | + | 26 available. |
---|
| 3101 | + | 27 (iv) The date the individual was convicted of the felony. |
---|
| 3102 | + | 28 Upon receipt of the information from the office of judicial |
---|
| 3103 | + | 29 administration, a stop sale alert must be generated through |
---|
| 3104 | + | 30 NPLEx for each individual reported under this clause. |
---|
| 3105 | + | 31 (B) Notify NPLEx if the felony of an individual reported under |
---|
| 3106 | + | 32 clause (A) has been: |
---|
| 3107 | + | 33 (i) set aside; |
---|
| 3108 | + | 34 (ii) reversed; |
---|
| 3109 | + | 35 (iii) expunged; or |
---|
| 3110 | + | 36 (iv) vacated. |
---|
| 3111 | + | 37 Upon receipt of information under this clause, NPLEx shall |
---|
| 3112 | + | 38 remove the stop sale alert issued under clause (A) for the |
---|
| 3113 | + | 39 individual. |
---|
| 3114 | + | 40 (10) After July 1, 2018, establish and administer an electronic |
---|
| 3115 | + | 41 system for receiving from courts felony or misdemeanor |
---|
| 3116 | + | 42 conviction information for each felony or misdemeanor described |
---|
| 3117 | + | 2022(ts) IN 418—LS 7237/DI 92 73 |
---|
| 3118 | + | 1 in IC 20-28-5-8(c). The office of judicial administration shall |
---|
| 3119 | + | 2 notify the department of education at least one (1) time each week |
---|
| 3120 | + | 3 of each felony or misdemeanor described in IC 20-28-5-8(c) |
---|
| 3121 | + | 4 entered after July 1, 2018, and do the following: |
---|
| 3122 | + | 5 (A) Provide the department of education with the following |
---|
| 3123 | + | 6 information: |
---|
| 3124 | + | 7 (i) The convicted individual's full name. |
---|
| 3125 | + | 8 (ii) The convicted individual's date of birth. |
---|
| 3126 | + | 9 (iii) The convicted individual's driver's license number, state |
---|
| 3127 | + | 10 personal identification number, or other unique number, if |
---|
| 3128 | + | 11 available. |
---|
| 3129 | + | 12 (iv) The date the individual was convicted of the felony or |
---|
| 3130 | + | 13 misdemeanor. |
---|
| 3131 | + | 14 (B) Notify the department of education if the felony or |
---|
| 3132 | + | 15 misdemeanor of an individual reported under clause (A) has |
---|
| 3133 | + | 16 been: |
---|
| 3134 | + | 17 (i) set aside; |
---|
| 3135 | + | 18 (ii) reversed; or |
---|
| 3136 | + | 19 (iii) vacated. |
---|
| 3137 | + | 20 (11) Perform legal and administrative duties for the justices as |
---|
| 3138 | + | 21 determined by the justices. |
---|
| 3139 | + | 22 (12) Provide staff support for the judicial conference of Indiana |
---|
| 3140 | + | 23 established in IC 33-38-9. |
---|
| 3141 | + | 24 (13) Work with the United States Department of Veterans Affairs |
---|
| 3142 | + | 25 to identify and address the needs of veterans in the court system. |
---|
| 3143 | + | 26 (14) If necessary for purposes of IC 35-47-16-1, issue a retired |
---|
| 3144 | + | 27 judicial officer an identification card identifying the retired |
---|
| 3145 | + | 28 judicial officer as a retired judicial officer. |
---|
| 3146 | + | 29 (15) Establish and administer the statewide juvenile justice data |
---|
| 3147 | + | 30 aggregation plan established under section 12.5 of this chapter. |
---|
| 3148 | + | 31 (b) All forms to be used in gathering data must be approved by the |
---|
| 3149 | + | 32 supreme court and shall be distributed to all judges and clerks before |
---|
| 3150 | + | 33 the start of each period for which reports are required. |
---|
| 3151 | + | 34 (c) The office of judicial administration may adopt rules to |
---|
| 3152 | + | 35 implement this section. |
---|
| 3153 | + | 36 SECTION 18. IC 33-34-8-1, AS AMENDED BY P.L.106-2022, |
---|
| 3154 | + | 37 SECTION 4, AND AS AMENDED BY P.L.174-2022, SECTION 59, |
---|
| 3155 | + | 38 IS CORRECTED AND AMENDED TO READ AS FOLLOWS |
---|
| 3156 | + | 39 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The following fees and costs |
---|
| 3157 | + | 40 apply to cases in the small claims court: |
---|
| 3158 | + | 41 (1) A township docket fee of five dollars ($5) plus forty-five |
---|
| 3159 | + | 42 percent (45%) of the infraction or ordinance violation costs fee |
---|
| 3160 | + | 2022(ts) IN 418—LS 7237/DI 92 74 |
---|
| 3161 | + | 1 under IC 33-37-4-2. |
---|
| 3162 | + | 2 (2) The bailiff's service of process by registered or certified mail |
---|
| 3163 | + | 3 fee of fifteen dollars ($15) for each service. |
---|
| 3164 | + | 4 (3) The cost for the personal service of process by the bailiff or |
---|
| 3165 | + | 5 other process server of fifteen dollars ($15) for each service. |
---|
| 3166 | + | 6 (4) Witness fees, if any, in the amount provided by IC 33-37-10-3 |
---|
| 3167 | + | 7 to be taxed and charged in the circuit court. |
---|
| 3168 | + | 8 (5) A redocketing fee, if any, of five dollars ($5). |
---|
| 3169 | + | 9 (6) A document storage fee under IC 33-37-5-20. |
---|
| 3170 | + | 10 (7) An automated record keeping fee under IC 33-37-5-21. |
---|
| 3171 | + | 11 (8) A late fee, if any, under IC 33-37-5-22. |
---|
| 3172 | + | 12 (9) A public defense administration fee under IC 33-37-5-21.2. |
---|
| 3173 | + | 13 (10) A judicial insurance adjustment fee under IC 33-37-5-25. |
---|
| 3174 | + | 14 (11) A judicial salaries fee under IC 33-37-5-26. |
---|
| 3175 | + | 15 (12) A court administration fee under IC 33-37-5-27. |
---|
| 3176 | + | 16 (13) Before July 1, 2022, 2025, a pro bono legal services fee |
---|
| 3177 | + | 17 under IC 33-37-5-31. |
---|
| 3178 | + | 18 (14) A sheriff's service of process fee under IC 33-37-5-15 for |
---|
| 3179 | + | 19 each service of process performed outside Marion County. |
---|
| 3180 | + | 20 The docket fee and the cost for the initial service of process shall be |
---|
| 3181 | + | 21 paid at the institution of a case. The cost of service after the initial |
---|
| 3182 | + | 22 service shall be assessed and paid after service has been made. The |
---|
| 3183 | + | 23 cost of witness fees shall be paid before the witnesses are called. |
---|
| 3184 | + | 24 (b) If the amount of the township docket fee computed under |
---|
| 3185 | + | 25 subsection (a)(1) is not equal to a whole number, the amount shall be |
---|
| 3186 | + | 26 rounded to the next highest whole number. |
---|
| 3187 | + | 27 SECTION 19. IC 34-18-3-2, AS AMENDED BY P.L.69-2022, |
---|
| 3188 | + | 28 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 3189 | + | 29 MARCH 13, 2020 (RETROACTIVE)]: Sec. 2. (a) Except as provided |
---|
| 3190 | + | 30 in subsection (b), for a health care provider to be qualified under this |
---|
| 3191 | + | 31 article, the health care provider or the health care provider's insurance |
---|
| 3192 | + | 32 carrier shall: |
---|
| 3193 | + | 33 (1) cause to be filed with the commissioner proof of financial |
---|
| 3194 | + | 34 responsibility established under IC 34-18-4; and |
---|
| 3195 | + | 35 (2) pay the surcharge assessed on all health care providers under |
---|
| 3196 | + | 36 IC 34-18-5. |
---|
| 3197 | + | 37 (b) A health care provider who has a temporary license under |
---|
| 3198 | + | 38 IC 25-1-21 IC 25-1-5.7 is qualified under this article while the |
---|
| 3199 | + | 39 temporary license is in effect. |
---|
| 3200 | + | 40 SECTION 20. IC 34-18-3-3, AS AMENDED BY P.L.69-2022, |
---|
| 3201 | + | 41 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 3202 | + | 42 MARCH 13, 2020 (RETROACTIVE)]: Sec. 3. (a) Except as provided |
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| 3203 | + | 2022(ts) IN 418—LS 7237/DI 92 75 |
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| 3204 | + | 1 in subsection (b), the officers, agents, and employees of a health care |
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| 3205 | + | 2 provider, while acting in the course and scope of their employment, |
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| 3206 | + | 3 may be qualified under this chapter if the following conditions are met: |
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| 3207 | + | 4 (1) The officers, agents, and employees are individually named or |
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| 3208 | + | 5 are members of a named class in the proof of financial |
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| 3209 | + | 6 responsibility filed by the health care provider under IC 34-18-4. |
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| 3210 | + | 7 (2) The surcharge assessed under IC 34-18-5 is paid. |
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| 3211 | + | 8 (b) An officer, agent, or employee of a health care provider who has |
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| 3212 | + | 9 a temporary license under IC 25-1-21 IC 25-1-5.7 is qualified under |
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| 3213 | + | 10 this article while the temporary license is in effect. |
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| 3214 | + | 11 SECTION 21. IC 34-26-5-10, AS AMENDED BY P.L.159-2022, |
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| 3215 | + | 12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 3216 | + | 13 JULY 1, 2022]: Sec. 10. (a) Except as provided in subsection (b), If a |
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| 3217 | + | 14 court issues: |
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| 3218 | + | 15 (1) an order for protection ex parte effective for a period |
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| 3219 | + | 16 described under section 9(f) of this chapter; or |
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| 3220 | + | 17 (2) a modification of an order for protection ex parte effective for |
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| 3221 | + | 18 a period described under section 9(f) of this chapter; |
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| 3222 | + | 19 and provides relief under section 9(c) of this chapter, upon a request by |
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| 3223 | + | 20 either party at any time after service of the order or modification, the |
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| 3224 | + | 21 court shall set a date for a hearing on the petition. Except as provided |
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| 3225 | + | 22 in subsection (c), the hearing must be held not more than thirty (30) |
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| 3226 | + | 23 days after the request for a hearing is filed unless continued by the |
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| 3227 | + | 24 court for good cause shown. The court shall notify both parties by first |
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| 3228 | + | 25 class mail of the date and time of the hearing. A party may only request |
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| 3229 | + | 26 one (1) hearing on a petition under this subsection. |
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| 3230 | + | 27 (b) If a court issues: |
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| 3231 | + | 28 (1) an order for protection ex parte effective for a period |
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| 3232 | + | 29 described under section 9(g) of this chapter; or |
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| 3233 | + | 30 (2) a modification of an order for protection ex parte effective for |
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| 3234 | + | 31 a period described under section 9(g) of this chapter; |
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| 3235 | + | 32 and provides relief under section 9(c) of this chapter, upon a request by |
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| 3236 | + | 33 either party not more than thirty (30) days after service of the order or |
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| 3237 | + | 34 modification, the court shall set a date for a hearing on the petition. |
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| 3238 | + | 35 Except as provided in subsection (c), the hearing must be held not more |
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| 3239 | + | 36 than thirty (30) days after the request for a hearing is filed unless |
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| 3240 | + | 37 continued by the court for good cause shown. The court shall notify |
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| 3241 | + | 38 both parties by first class mail of the date and time of the hearing. A |
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| 3242 | + | 39 party may only request one (1) hearing on a petition under this |
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| 3243 | + | 40 subsection. |
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| 3244 | + | 41 (c) A court shall set a date for a hearing on the petition not more |
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| 3245 | + | 42 than thirty (30) days after the filing of the petition if a court issues an |
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| 3246 | + | 2022(ts) IN 418—LS 7237/DI 92 76 |
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| 3247 | + | 1 order for protection ex parte or a modification of an order of protection |
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| 3248 | + | 2 ex parte and: |
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| 3249 | + | 3 (1) a petitioner requests or the court provides relief under section |
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| 3250 | + | 4 9(c)(3), 9(c)(5), 9(c)(6), 9(c)(7), or 9(c)(8) of this chapter; or |
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| 3251 | + | 5 (2) a petitioner requests relief under section 9(d)(2), 9(d)(3), or |
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| 3252 | + | 6 9(d)(4) of this chapter. |
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| 3253 | + | 7 The hearing must be given precedence over all matters pending in the |
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| 3254 | + | 8 court except older matters of the same character. |
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| 3255 | + | 9 (d) In a hearing under this section: |
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| 3256 | + | 10 (1) relief under section 9 of this chapter is available; and |
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| 3257 | + | 11 (2) if a respondent seeks relief concerning an issue not raised by |
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| 3258 | + | 12 a petitioner, the court may continue the hearing at the petitioner's |
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| 3259 | + | 13 request. |
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| 3260 | + | 14 SECTION 22. IC 34-30-2-101.7, AS ADDED BY P.L.149-2022, |
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| 3261 | + | 15 SECTION 20, IS REPEALED [EFFECTIVE JULY 1, 2022]. Sec. |
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| 3262 | + | 16 101.7. IC 25-35.6-5-8 (Concerning members, officers, executive |
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| 3263 | + | 17 director, employees, and representatives of the audiology and |
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| 3264 | + | 18 speech-language pathology compact commission). |
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| 3265 | + | 19 SECTION 23. IC 34-30-2.1-53, AS ADDED BY P.L.105-2022, |
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| 3266 | + | 20 SECTION 12, IS REPEALED [EFFECTIVE JANUARY 1, 2023]. Sec. |
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| 3267 | + | 21 53. IC 6-1.1-12-2 (Concerning a closing agent for failure to perform |
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| 3268 | + | 22 certain tasks for purposes of obtaining a property tax deduction for the |
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| 3269 | + | 23 property). |
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| 3270 | + | 24 SECTION 24. IC 34-30-2.1-386.5 IS ADDED TO THE INDIANA |
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| 3271 | + | 25 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 3272 | + | 26 [EFFECTIVE JULY 1, 2022]: Sec. 386.5. IC 25-35.6-5-8 (Concerning |
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| 3273 | + | 27 members, officers, executive director, employees, and |
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| 3274 | + | 28 representatives of the audiology and speech-language pathology |
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| 3275 | + | 29 compact commission). |
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| 3276 | + | 30 SECTION 25. [EFFECTIVE JULY 1, 2022] (a) The general |
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| 3277 | + | 31 assembly recognizes that SEA 80-2022 (P.L.105-2022): |
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| 3278 | + | 32 (1) repeals IC 34-30-2; and |
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| 3279 | + | 33 (2) relocates the contents of IC 34-30-2 to IC 34-30-2.1; |
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| 3280 | + | 34 effective July 1, 2022. |
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| 3281 | + | 35 (b) The general assembly also recognizes that several acts |
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| 3282 | + | 36 enacted in the 2022 legislative session added new sections to |
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| 3283 | + | 37 IC 34-30-2 or amended sections within IC 34-30-2. The general |
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| 3284 | + | 38 assembly intends to repeal IC 34-30-2 effective July 1, 2022. Except |
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| 3285 | + | 39 as set forth in subsections (c) and (d), conflict resolution between |
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| 3286 | + | 40 those acts and SEA 80-2022 (P.L.105-2022) was enacted in SEA |
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| 3287 | + | 41 80-2022 (P.L.105-2022). |
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| 3288 | + | 42 (c) SEA 5-2022 (P.L.149-2022) adds IC 34-30-2-101.7 effective |
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| 3289 | + | 2022(ts) IN 418—LS 7237/DI 92 77 |
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| 3290 | + | 1 July 1, 2022. This act: |
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| 3291 | + | 2 (1) repeals IC 34-30-2-101.7, as added by SEA 5-2022 |
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| 3292 | + | 3 (P.L.149-2022); and |
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| 3293 | + | 4 (2) relocates the text of that section to a new |
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| 3294 | + | 5 IC 34-30-2.1-386.5; |
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| 3295 | + | 6 effective July 1, 2022. |
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| 3296 | + | 7 (d) HEA 1260-2022 (P.L.174-2022) amends IC 34-30-2-16.6 |
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| 3297 | + | 8 effective January 1, 2023. IC 34-30-2-16.6 was relocated by SEA |
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| 3298 | + | 9 80-2022 (P.L.105-2022) to IC 34-30-2.1-53 effective July 1, 2022. |
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| 3299 | + | 10 This bill repeals IC 34-30-2-16.6 effective January 1, 2023, to |
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| 3300 | + | 11 effectuate the amendment of IC 34-30-2-16.6 intended by HEA |
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| 3301 | + | 12 1260-2022. |
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| 3302 | + | 13 (e) This SECTION expires December 31, 2022. |
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| 3303 | + | 14 SECTION 26. An emergency is declared for this act. |
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| 3304 | + | 2022(ts) IN 418—LS 7237/DI 92 |
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