Indiana 2022 Regular Session

Indiana Senate Bill SB0418 Compare Versions

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1+Introduced Version
2+SENATE BILL No. 418(ts)
3+_____
4+DIGEST OF INTRODUCED BILL
5+Citations Affected: IC 4-10-18-10; IC 4-33-13-5; IC 5-2-1-9;
6+IC 5-10-13-2; IC 6-1.1-12.1-1; IC 6-3; IC 8-23-20-25.6;
7+IC 16-19-3-27.5; IC 16-41-25-1; IC 20-28-9-1.5; IC 20-30-2-4;
8+IC 25-22.5-1-1.1; IC 32-22-3-4; IC 33-24-6-3; IC 33-34-8-1;
9+IC 34-18-3; IC 34-26-5-10; IC 34-30.
10+Synopsis: Conflict resolution and technical corrections. Resolves
11+conflicts occurring in the following: (1) SEA 37-2022 and HEA
12+1075-2022. (2) SEA 37-2022 and SEA 382-2022. (3) SEA 294-2022
13+and HEA 1296-2022. (4) HEA 1174-2022 and HEA 1314-2022. (5)
14+SEA 119-2022 and HEA 1260-2022. (6) SEA 382-2022 and HEA
15+1251-2022. (7) SEA 382-2022 and HEA 1002-2022. (8) HEA
16+1169-2022 and HEA 1245-2022. (9) SEA 37-2022 and HEA
17+1245-2022. (10) SEA 356-2022 and HEA 1251-2022. (11) SEA
18+290-2022 and HEA 1093-2022. (12) SEA 80-2022 and HEA
19+1300-2022. (13) SEA 149-2022 and HEA 1260-2022. Makes technical
20+corrections in various enrolled acts as follows: (1) Removes extraneous
21+provisions inadvertently left in HEA 1262-2022 and HEA 1137-2022.
22+(2) Corrects the name of the International Chiropractors Association in
23+a provision added by SEA 239-2022. (3) Inserts a phrase inadvertently
24+omitted from SEA 388-2022. (4) Corrects cross references in HEA
25+1003-2022. Specifies the general assembly's intent regarding
26+IC 34-30-2 and conflicts occurring in SEA 5-2022, SEA 80-2022, and
27+HEA 1260-2022.
28+Effective: March 13, 2020 (retroactive); March 18, 2022 (retroactive);
29+April 1, 2022 (retroactive); July 1, 2022; January 1, 2023; July 1, 2023.
30+Messmer, Rogers
31+Rules Suspended, May 24, 2022, read first time.
32+2022(ts) IN 418—LS 7237/DI 92 Introduced
133 Second Regular Technical Session of the 122nd General Assembly (2022)(ts)
234 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
335 Constitution) is being amended, the text of the existing provision will appear in this style type,
436 additions will appear in this style type, and deletions will appear in this style type.
537 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
638 provision adopted), the text of the new provision will appear in this style type. Also, the
739 word NEW will appear in that style type in the introductory clause of each SECTION that adds
840 a new provision to the Indiana Code or the Indiana Constitution.
941 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1042 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 418(ts)
12-AN ACT to amend the Indiana Code concerning general provisions.
43+SENATE BILL No. 418(ts)
44+A BILL FOR AN ACT to amend the Indiana Code concerning
45+general provisions.
1346 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 4-10-18-10, AS AMENDED BY P.L.104-2022,
15-SECTION 7, AND AS AMENDED BY P.L.114-2022, SECTION 5, IS
16-CORRECTED AND AMENDED TO READ AS FOLLOWS
17-[EFFECTIVE JULY 1, 2022]: Sec. 10. (a) The state board of finance
18-may lend money from the fund to entities listed in subsections (e)
19-through (k) for the purposes specified in those subsections.
20-(b) An entity must apply for the loan before May 1, 1989, in a form
21-approved by the state board of finance. As part of the application, the
22-entity shall submit a plan for its use of the loan proceeds and for the
23-repayment of the loan. Within sixty (60) days after receipt of each
24-application, the board shall meet to consider the application and to
25-review its accuracy and completeness and to determine the need for the
26-loan. The board shall authorize a loan to an entity that makes an
27-application if the board approves its accuracy and completeness and
28-determines that there is a need for the loan and an adequate method of
29-repayment.
30-(c) The state board of finance shall determine the terms of each
31-loan, which must include the following:
32-(1) The duration of the loan, which must not exceed twelve (12)
33-years.
34-(2) The repayment schedule of the loan, which must provide that
35-SEA 418(ts) 2
36-no payments are due during the first two (2) years of the loan.
37-(3) A variable rate of interest to be determined by the board and
38-adjusted annually. The interest rate must be the greater of:
39-(A) five percent (5%); or
40-(B) two-thirds (2/3) of the interest rate for fifty-two (52) week
41-United States Treasury bills on the anniversary date of the
42-loan, but not to exceed ten percent (10%).
43-(4) The amount of the loan or loans, which may not exceed the
44-maximum amounts established for the entity by this section.
45-(5) Any other conditions specified by the board.
46-(d) An entity may borrow money under this section by adoption of
47-an ordinance or a resolution and, as set forth in IC 5-1-14, may use any
48-source of revenue to repay a loan under this section. This section
49-constitutes complete authority for the entity to borrow from the fund.
50-If an entity described in subsection (i) fails to make any repayments of
51-a loan, the amount payable shall be withheld by the auditor of state
52-from any other money payable to the consolidated city. If any other
53-entity described in this section fails to make any repayments of a loan,
54-the amount payable shall be withheld by the auditor of state from any
55-other money payable to the entity. The amount withheld shall be
56-transferred to the fund to the credit of the entity.
57-(e) A loan under this section may be made to a city located in a
58-county having a population of more than twenty-five thousand (25,000)
59-but less than twenty-five thousand eight hundred (25,800) twenty-six
60-thousand four hundred seventy (26,470) and less than twenty-seven
61-thousand (27,000) for the city's waterworks facility. The amount of the
62-loan may not exceed one million six hundred thousand dollars
63-($1,600,000).
64-(f) As used in this subsection, "corridor" means the strip of land in
65-Indiana abutting Lake Michigan and the tributaries of Lake Michigan.
66-A loan under this section may be made to a city the territory of which
67-is included in part within the Lake Michigan corridor (as defined in
68-IC 14-13-3-2, before its repeal) for a marina development project. As
69-a part of its application under subsection (b), the city must include the
70-following:
71-(1) Written approval by the Lake Michigan marina development
72-commission of the project to be funded by the loan proceeds.
73-(2) A written determination by the commission of the amount
74-needed by the city, for the project and of the amount of the
75-maximum loan amount under this subsection that should be lent
76-to the city.
77-The maximum amount of loans available for all cities that are eligible
78-SEA 418(ts) 3
79-for a loan under this subsection is eight million six hundred thousand
80-dollars ($8,600,000).
81-(g) A loan under this section may be made to a county having a
82-population of more than one hundred seventy-five thousand (175,000)
83-but less than one hundred eighty-five thousand (185,000) one hundred
84-eighty thousand (180,000) and less than one hundred eighty-five
85-thousand (185,000) for use by the airport authority in the county for the
86-construction of runways. The amount of the loan may not exceed seven
87-million dollars ($7,000,000). The county may lend the proceeds of its
88-loan to an airport authority for the public purpose of fostering
89-economic growth in the county.
90-(h) A loan under this section may be made to a city having a
91-population of more than sixty thousand (60,000) but less than sixty-five
92-thousand (65,000) fifty-eight thousand (58,000) and less than fifty-nine
93-thousand (59,000) for the construction of parking facilities. The
94-amount of the loan may not exceed three million dollars ($3,000,000).
95-(i) A loan or loans under this section may be made to a consolidated
96-city, a local public improvement bond bank, or any board, authority, or
97-commission of the consolidated city to fund economic development
98-projects under IC 36-7-15.2-5 or to refund obligations issued to fund
99-economic development projects. The amount of the loan may not
100-exceed thirty million dollars ($30,000,000).
101-(j) A loan under this section may be made to a county having a
102-population of more than thirteen thousand (13,000) but less than
103-fourteen thousand (14,000) twelve thousand five hundred (12,500) and
104-less than thirteen thousand (13,000) for extension of airport runways.
105-The amount of the loan may not exceed three hundred thousand dollars
106-($300,000).
107-(k) A loan under this section may be made to Covington Community
108-School Corporation to refund the amount due on a tax anticipation
109-warrant loan. The amount of the loan may not exceed two million seven
110-hundred thousand dollars ($2,700,000), to be paid back from any
111-source of money that is legally available to the school corporation.
112-Notwithstanding subsection (b), the school corporation must apply for
113-the loan before June 30, 2010. Notwithstanding subsection (c),
114-repayment of the loan shall be made in equal installments over five (5)
115-years with the first installment due not more than six (6) months after
116-the date loan proceeds are received by the school corporation.
117-(l) IC 6-1.1-20 does not apply to a loan made by an entity under this
118-section.
119-(m) As used in this section, "entity" means a governmental entity
120-authorized to obtain a loan under subsections (e) through (k).
121-SEA 418(ts) 4
122-SECTION 2. IC 4-33-13-5, AS AMENDED BY P.L.137-2022,
123-SECTION 7, AND AS AMENDED BY P.L.104-2022, SECTION 9, IS
124-CORRECTED AND AMENDED TO READ AS FOLLOWS
125-[EFFECTIVE APRIL 1, 2022 (RETROACTIVE)]: Sec. 5. (a) This
126-subsection does not apply to tax revenue remitted by an operating agent
127-operating a riverboat in a historic hotel district. After funds are
128-appropriated under section 4 of this chapter, each month the auditor of
129-state shall distribute the tax revenue deposited in the state gaming fund
130-under this chapter to the following:
131-(1) An amount equal to the following shall be set aside for
132-revenue sharing under subsection (d):
133-(A) Before July 1, 2021, the first thirty-three million dollars
134-($33,000,000) of tax revenues collected under this chapter
135-shall be set aside for revenue sharing under subsection (d).
136-(B) After June 30, 2021, if the total adjusted gross receipts
137-received by licensees from gambling games authorized under
138-this article during the preceding state fiscal year is equal to or
139-greater than the total adjusted gross receipts received by
140-licensees from gambling games authorized under this article
141-during the state fiscal year ending June 30, 2020, the first
142-thirty-three million dollars ($33,000,000) of tax revenues
143-collected under this chapter shall be set aside for revenue
144-sharing under subsection (d).
145-(C) After June 30, 2021, if the total adjusted gross receipts
146-received by licensees from gambling games authorized under
147-this article during the preceding state fiscal year is less than
148-the total adjusted gross receipts received by licensees from
149-gambling games authorized under this article during the state
150-year ending June 30, 2020, an amount equal to the first
151-thirty-three million dollars ($33,000,000) of tax revenues
152-collected under this chapter multiplied by the result of:
153-(i) the total adjusted gross receipts received by licensees
154-from gambling games authorized under this article during
155-the preceding state fiscal year; divided by
156-(ii) the total adjusted gross receipts received by licensees
157-from gambling games authorized under this article during
158-the state fiscal year ending June 30, 2020;
159-shall be set aside for revenue sharing under subsection (d).
160-(2) Subject to subsection (c), twenty-five percent (25%) of the
161-remaining tax revenue remitted by each licensed owner shall be
162-paid:
163-(A) to the city in which the riverboat is located or that is
164-SEA 418(ts) 5
165-designated as the home dock of the riverboat from which the
166-tax revenue was collected, in the case of:
167-(i) a city described in IC 4-33-12-6(b)(1)(A);
168-(ii) a city located in a county having a population of more
169-than four hundred thousand (400,000) and less than seven
170-hundred thousand (700,000); Lake County; or
171-(iii) Terre Haute; or
172-(B) to the county that is designated as the home dock of the
173-riverboat from which the tax revenue was collected, in the case
174-of a riverboat that is not located in a city described in clause
175-(A) or whose home dock is not in a city described in clause
176-(A).
177-(3) The remainder of the tax revenue remitted by each licensed
178-owner shall be paid to the state general fund. In each state fiscal
179-year, the auditor of state shall make the transfer required by this
180-subdivision not later than the last business day of the month in
181-which the tax revenue is remitted to the state on or before the
182-fifteenth day of the month based on revenue received during the
183-preceding month for deposit in the state gaming fund. However,
184-if tax revenue is received by the state on the last business day in
185-a month, Specifically, the auditor of state may transfer the tax
186-revenue received by the state in a month to the state general fund
187-in the immediately following month according to this subdivision.
188-(b) This subsection applies only to tax revenue remitted by an
189-operating agent operating a riverboat in a historic hotel district after
190-June 30, 2019. After funds are appropriated under section 4 of this
191-chapter, each month the auditor of state shall distribute the tax revenue
192-remitted by the operating agent under this chapter as follows:
193-(1) For state fiscal years beginning after June 30, 2019, but
194-ending before July 1, 2021, fifty-six and five-tenths percent
195-(56.5%) shall be paid to the state general fund.
196-(2) For state fiscal years beginning after June 30, 2021, fifty-six
197-and five-tenths percent (56.5%) shall be paid as follows:
198-(A) Sixty-six and four-tenths percent (66.4%) shall be paid to
199-the state general fund.
200-(B) Thirty-three and six-tenths percent (33.6%) shall be paid
201-to the West Baden Springs historic hotel preservation and
202-maintenance fund established by IC 36-7-11.5-11(b).
203-However, if:
204-(i) at any time the balance in that fund exceeds twenty-five
205-million dollars ($25,000,000); or
206-(ii) in any part of a state fiscal year in which the operating
207-SEA 418(ts) 6
208-agent has received at least one hundred million dollars
209-($100,000,000) of adjusted gross receipts;
210-the amount described in this clause shall be paid to the state
211-general fund for the remainder of the state fiscal year.
212-(3) Forty-three and five-tenths percent (43.5%) shall be paid as
213-follows:
214-(A) Twenty-two and four-tenths percent (22.4%) shall be paid
215-as follows:
216-(i) Fifty percent (50%) to the fiscal officer of the town of
217-French Lick.
218-(ii) Fifty percent (50%) to the fiscal officer of the town of
219-West Baden Springs.
220-(B) Fourteen and eight-tenths percent (14.8%) shall be paid to
221-the county treasurer of Orange County for distribution among
222-the school corporations in the county. The governing bodies
223-for the school corporations in the county shall provide a
224-formula for the distribution of the money received under this
225-clause among the school corporations by joint resolution
226-adopted by the governing body of each of the school
227-corporations in the county. Money received by a school
228-corporation under this clause must be used to improve the
229-educational attainment of students enrolled in the school
230-corporation receiving the money. Not later than the first
231-regular meeting in the school year of a governing body of a
232-school corporation receiving a distribution under this clause,
233-the superintendent of the school corporation shall submit to
234-the governing body a report describing the purposes for which
235-the receipts under this clause were used and the improvements
236-in educational attainment realized through the use of the
237-money. The report is a public record.
238-(C) Thirteen and one-tenth percent (13.1%) shall be paid to the
239-county treasurer of Orange County.
240-(D) Five and three-tenths percent (5.3%) shall be distributed
241-quarterly to the county treasurer of Dubois County for
242-appropriation by the county fiscal body after receiving a
243-recommendation from the county executive. The county fiscal
244-body for the receiving county shall provide for the distribution
245-of the money received under this clause to one (1) or more
246-taxing units (as defined in IC 6-1.1-1-21) in the county under
247-a formula established by the county fiscal body after receiving
248-a recommendation from the county executive.
249-(E) Five and three-tenths percent (5.3%) shall be distributed
250-SEA 418(ts) 7
251-quarterly to the county treasurer of Crawford County for
252-appropriation by the county fiscal body after receiving a
253-recommendation from the county executive. The county fiscal
254-body for the receiving county shall provide for the distribution
255-of the money received under this clause to one (1) or more
256-taxing units (as defined in IC 6-1.1-1-21) in the county under
257-a formula established by the county fiscal body after receiving
258-a recommendation from the county executive.
259-(F) Six and thirty-five hundredths percent (6.35%) shall be
260-paid to the fiscal officer of the town of Paoli.
261-(G) Six and thirty-five hundredths percent (6.35%) shall be
262-paid to the fiscal officer of the town of Orleans.
263-(H) Twenty-six and four-tenths percent (26.4%) shall be paid
264-to the Indiana economic development corporation established
265-by IC 5-28-3-1 for transfer as follows:
266-(i) Beginning after December 31, 2017, ten percent (10%)
267-of the amount transferred under this clause in each calendar
268-year shall be transferred to the South Central Indiana
269-Regional Economic Development Corporation or a
270-successor entity or partnership for economic development
271-for the purpose of recruiting new business to Orange County
272-as well as promoting the retention and expansion of existing
273-businesses in Orange County.
274-(ii) The remainder of the amount transferred under this
275-clause in each calendar year shall be transferred to Radius
276-Indiana or a successor regional entity or partnership for the
277-development and implementation of a regional economic
278-development strategy to assist the residents of Orange
279-County and the counties contiguous to Orange County in
280-improving their quality of life and to help promote
281-successful and sustainable communities.
282-To the extent possible, the Indiana economic development
283-corporation shall provide for the transfer under item (i) to be
284-made in four (4) equal installments. However, an amount
285-sufficient to meet current obligations to retire or refinance
286-indebtedness or leases for which tax revenues under this
287-section were pledged before January 1, 2015, by the Orange
288-County development commission shall be paid to the Orange
289-County development commission before making distributions
290-to the South Central Indiana Regional Economic Development
291-Corporation and Radius Indiana or their successor entities or
292-partnerships. The amount paid to the Orange County
293-SEA 418(ts) 8
294-development commission shall proportionally reduce the
295-amount payable to the South Central Indiana Regional
296-Economic Development Corporation and Radius Indiana or
297-their successor entities or partnerships.
298-(c) This subsection does not apply to tax revenue remitted by an
299-inland casino operating in Vigo County. For each city and county
300-receiving money under subsection (a)(2), the auditor of state shall
301-determine the total amount of money paid by the auditor of state to the
302-city or county during the state fiscal year 2002. The amount determined
303-is the base year revenue for the city or county. The auditor of state shall
304-certify the base year revenue determined under this subsection to the
305-city or county. The total amount of money distributed to a city or
306-county under this section during a state fiscal year may not exceed the
307-entity's base year revenue. For each state fiscal year, the auditor of state
308-shall pay that part of the riverboat wagering taxes that:
309-(1) exceeds a particular city's or county's base year revenue; and
310-(2) would otherwise be due to the city or county under this
311-section;
312-to the state general fund instead of to the city or county.
313-(d) Except as provided in subsections (k) and (l), before August 15
314-of each year, the auditor of state shall distribute the wagering taxes set
315-aside for revenue sharing under subsection (a)(1) to the county
316-treasurer of each county that does not have a riverboat according to the
317-ratio that the county's population bears to the total population of the
318-counties that do not have a riverboat. Except as provided in subsection
319-(g), the county auditor shall distribute the money received by the
320-county under this subsection as follows:
321-(1) To each city located in the county according to the ratio the
322-city's population bears to the total population of the county.
323-(2) To each town located in the county according to the ratio the
324-town's population bears to the total population of the county.
325-(3) After the distributions required in subdivisions (1) and (2) are
326-made, the remainder shall be retained by the county.
327-(e) Money received by a city, town, or county under subsection (d)
328-or (g) may be used for any of the following purposes:
329-(1) To reduce the property tax levy of the city, town, or county for
330-a particular year (a property tax reduction under this subdivision
331-does not reduce the maximum levy of the city, town, or county
332-under IC 6-1.1-18.5).
333-(2) For deposit in a special fund or allocation fund created under
334-IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
335-IC 36-7-30 to provide funding for debt repayment.
336-SEA 418(ts) 9
337-(3) To fund sewer and water projects, including storm water
338-management projects.
339-(4) For police and fire pensions.
340-(5) To carry out any governmental purpose for which the money
341-is appropriated by the fiscal body of the city, town, or county.
342-Money used under this subdivision does not reduce the property
343-tax levy of the city, town, or county for a particular year or reduce
344-the maximum levy of the city, town, or county under
345-IC 6-1.1-18.5.
346-(f) This subsection does not apply to an inland casino operating in
347-Vigo County. Before July 15 of each year, the auditor of state shall
348-determine the total amount of money distributed to an entity under
349-IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal year. If
350-the auditor of state determines that the total amount of money
351-distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the
352-preceding state fiscal year was less than the entity's base year revenue
353-(as determined under IC 4-33-12-9), the auditor of state shall make a
354-supplemental distribution to the entity from taxes collected under this
355-chapter and deposited into the state general fund. Except as provided
356-in subsection (h), the amount of an entity's supplemental distribution
357-is equal to:
358-(1) the entity's base year revenue (as determined under
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,
1091-SECTION 33, AND AS AMENDED BY P.L.168-2022, SECTION 1,
1092-IS CORRECTED AND AMENDED TO READ AS FOLLOWS
1093-[EFFECTIVE MARCH 18, 2022 (RETROACTIVE)]: Sec. 3.5. When
1094-used in this article, the term "adjusted gross income" shall mean the
1095-following:
1096-(a) In the case of all individuals, "adjusted gross income" (as
1097-defined in Section 62 of the Internal Revenue Code), modified as
1098-follows:
1099-(1) Subtract income that is exempt from taxation under this article
1100-by the Constitution and statutes of the United States.
1101-(2) Except as provided in subsection (c), add an amount equal to
1102-any deduction or deductions allowed or allowable pursuant to
1103-Section 62 of the Internal Revenue Code for taxes based on or
1104-measured by income and levied at the state level by any state of
1105-the United States.
1106-(3) Subtract one thousand dollars ($1,000), or in the case of a
1107-joint return filed by a husband and wife, subtract for each spouse
1108-one thousand dollars ($1,000).
1109-(4) Subtract one thousand dollars ($1,000) for:
1110-SEA 418(ts) 27
1111-(A) each of the exemptions provided by Section 151(c) of the
1112-Internal Revenue Code (as effective January 1, 2017);
1113-(B) each additional amount allowable under Section 63(f) of
1114-the Internal Revenue Code; and
1115-(C) the spouse of the taxpayer if a separate return is made by
1116-the taxpayer and if the spouse, for the calendar year in which
1117-the taxable year of the taxpayer begins, has no gross income
1118-and is not the dependent of another taxpayer.
1119-(5) Subtract:
1120-(A) one thousand five hundred dollars ($1,500) for each of the
1121-exemptions allowed under Section 151(c)(1)(B) of the Internal
1122-Revenue Code (as effective January 1, 2004);
1123-(B) one thousand five hundred dollars ($1,500) for each
1124-exemption allowed under Section 151(c) of the Internal
1125-Revenue Code (as effective January 1, 2017) for an individual:
1126-(i) who is less than nineteen (19) years of age or is a
1127-full-time student who is less than twenty-four (24) years of
1128-age;
1129-(ii) for whom the taxpayer is the legal guardian; and
1130-(iii) for whom the taxpayer does not claim an exemption
1131-under clause (A); and
1132-(C) five hundred dollars ($500) for each additional amount
1133-allowable under Section 63(f)(1) of the Internal Revenue Code
1134-if the federal adjusted gross income of the taxpayer, or the
1135-taxpayer and the taxpayer's spouse in the case of a joint return,
1136-is less than forty thousand dollars ($40,000). In the case of a
1137-married individual filing a separate return, the qualifying
1138-income amount in this clause is equal to twenty thousand
1139-dollars ($20,000).
1140-This amount is in addition to the amount subtracted under
1141-subdivision (4).
1142-(6) Subtract any amounts included in federal adjusted gross
1143-income under Section 111 of the Internal Revenue Code as a
1144-recovery of items previously deducted as an itemized deduction
1145-from adjusted gross income.
1146-(7) Subtract any amounts included in federal adjusted gross
1147-income under the Internal Revenue Code which amounts were
1148-received by the individual as supplemental railroad retirement
1149-annuities under 45 U.S.C. 231 and which are not deductible under
1150-subdivision (1).
1151-(8) Subtract an amount equal to the amount of federal Social
1152-Security and Railroad Retirement benefits included in a taxpayer's
1153-SEA 418(ts) 28
1154-federal gross income by Section 86 of the Internal Revenue Code.
1155-(9) In the case of a nonresident taxpayer or a resident taxpayer
1156-residing in Indiana for a period of less than the taxpayer's entire
1157-taxable year, the total amount of the deductions allowed pursuant
1158-to subdivisions (3), (4), and (5) shall be reduced to an amount
1159-which bears the same ratio to the total as the taxpayer's income
1160-taxable in Indiana bears to the taxpayer's total income.
1161-(10) In the case of an individual who is a recipient of assistance
1162-under IC 12-10-6-1, IC 12-10-6-2.1, IC 12-15-2-2, or IC 12-15-7,
1163-subtract an amount equal to that portion of the individual's
1164-adjusted gross income with respect to which the individual is not
1165-allowed under federal law to retain an amount to pay state and
1166-local income taxes.
1167-(11) In the case of an eligible individual, subtract the amount of
1168-a Holocaust victim's settlement payment included in the
1169-individual's federal adjusted gross income.
1170-(12) Subtract an amount equal to the portion of any premiums
1171-paid during the taxable year by the taxpayer for a qualified long
1172-term care policy (as defined in IC 12-15-39.6-5) for the taxpayer
1173-or the taxpayer's spouse if the taxpayer and the taxpayer's spouse
1174-file a joint income tax return or the taxpayer is otherwise entitled
1175-to a deduction under this subdivision for the taxpayer's spouse, or
1176-both.
1177-(13) Subtract an amount equal to the lesser of:
1178-(A) two thousand five hundred dollars ($2,500), or one
1179-thousand two hundred fifty dollars ($1,250) in the case of a
1180-married individual filing a separate return; or
1181-(B) the amount of property taxes that are paid during the
1182-taxable year in Indiana by the individual on the individual's
1183-principal place of residence.
1184-(14) Subtract an amount equal to the amount of a September 11
1185-terrorist attack settlement payment included in the individual's
1186-federal adjusted gross income.
1187-(15) Add or subtract the amount necessary to make the adjusted
1188-gross income of any taxpayer that owns property for which bonus
1189-depreciation was allowed in the current taxable year or in an
1190-earlier taxable year equal to the amount of adjusted gross income
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
1193-depreciation to the property in the year that it was placed in
1194-service.
1195-(16) Add an amount equal to any deduction allowed under
1196-SEA 418(ts) 29
1197-Section 172 of the Internal Revenue Code (concerning net
1198-operating losses).
1199-(17) Add or subtract the amount necessary to make the adjusted
1200-gross income of any taxpayer that placed Section 179 property (as
1201-defined in Section 179 of the Internal Revenue Code) in service
1202-in the current taxable year or in an earlier taxable year equal to
1203-the amount of adjusted gross income that would have been
1204-computed had an election for federal income tax purposes not
1205-been made for the year in which the property was placed in
1206-service to take deductions under Section 179 of the Internal
1207-Revenue Code in a total amount exceeding the sum of:
1208-(A) twenty-five thousand dollars ($25,000) to the extent
1209-deductions under Section 179 of the Internal Revenue Code
1210-were not elected as provided in clause (B); and
1211-(B) for taxable years beginning after December 31, 2017, the
1212-deductions elected under Section 179 of the Internal Revenue
1213-Code on property acquired in an exchange if:
1214-(i) the exchange would have been eligible for
1215-nonrecognition of gain or loss under Section 1031 of the
1216-Internal Revenue Code in effect on January 1, 2017;
1217-(ii) the exchange is not eligible for nonrecognition of gain or
1218-loss under Section 1031 of the Internal Revenue Code; and
1219-(iii) the taxpayer made an election to take deductions under
1220-Section 179 of the Internal Revenue Code with regard to the
1221-acquired property in the year that the property was placed
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.
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
1230-Section 112 of the Internal Revenue Code.
1231-(19) Subtract income that is:
1232-(A) exempt from taxation under IC 6-3-2-21.7 (certain income
1233-derived from patents); and
1234-(B) included in the individual's federal adjusted gross income
1235-under the Internal Revenue Code.
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
1238-indebtedness discharged in connection with the reacquisition after
1239-SEA 418(ts) 30
1240-December 31, 2008, and before January 1, 2011, of an applicable
1241-debt instrument, as provided in Section 108(i) of the Internal
1242-Revenue Code. Subtract the amount necessary from the adjusted
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
1246-from business indebtedness discharged in connection with the
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.
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.
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
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.
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.
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:
231+38 (A) Sixty-six and four-tenths percent (66.4%) shall be paid to
232+39 the state general fund.
233+40 (B) Thirty-three and six-tenths percent (33.6%) shall be paid
234+41 to the West Baden Springs historic hotel preservation and
235+42 maintenance fund established by IC 36-7-11.5-11(b).
236+2022(ts) IN 418—LS 7237/DI 92 6
237+1 However, if:
238+2 (i) at any time the balance in that fund exceeds twenty-five
239+3 million dollars ($25,000,000); or
240+4 (ii) in any part of a state fiscal year in which the operating
241+5 agent has received at least one hundred million dollars
242+6 ($100,000,000) of adjusted gross receipts;
243+7 the amount described in this clause shall be paid to the state
244+8 general fund for the remainder of the state fiscal year.
245+9 (3) Forty-three and five-tenths percent (43.5%) shall be paid as
246+10 follows:
247+11 (A) Twenty-two and four-tenths percent (22.4%) shall be paid
248+12 as follows:
249+13 (i) Fifty percent (50%) to the fiscal officer of the town of
250+14 French Lick.
251+15 (ii) Fifty percent (50%) to the fiscal officer of the town of
252+16 West Baden Springs.
253+17 (B) Fourteen and eight-tenths percent (14.8%) shall be paid to
254+18 the county treasurer of Orange County for distribution among
255+19 the school corporations in the county. The governing bodies
256+20 for the school corporations in the county shall provide a
257+21 formula for the distribution of the money received under this
258+22 clause among the school corporations by joint resolution
259+23 adopted by the governing body of each of the school
260+24 corporations in the county. Money received by a school
261+25 corporation under this clause must be used to improve the
262+26 educational attainment of students enrolled in the school
263+27 corporation receiving the money. Not later than the first
264+28 regular meeting in the school year of a governing body of a
265+29 school corporation receiving a distribution under this clause,
266+30 the superintendent of the school corporation shall submit to
267+31 the governing body a report describing the purposes for which
268+32 the receipts under this clause were used and the improvements
269+33 in educational attainment realized through the use of the
270+34 money. The report is a public record.
271+35 (C) Thirteen and one-tenth percent (13.1%) shall be paid to the
272+36 county treasurer of Orange County.
273+37 (D) Five and three-tenths percent (5.3%) shall be distributed
274+38 quarterly to the county treasurer of Dubois County for
275+39 appropriation by the county fiscal body after receiving a
276+40 recommendation from the county executive. The county fiscal
277+41 body for the receiving county shall provide for the distribution
278+42 of the money received under this clause to one (1) or more
279+2022(ts) IN 418—LS 7237/DI 92 7
280+1 taxing units (as defined in IC 6-1.1-1-21) in the county under
281+2 a formula established by the county fiscal body after receiving
282+3 a recommendation from the county executive.
283+4 (E) Five and three-tenths percent (5.3%) shall be distributed
284+5 quarterly to the county treasurer of Crawford County for
285+6 appropriation by the county fiscal body after receiving a
286+7 recommendation from the county executive. The county fiscal
287+8 body for the receiving county shall provide for the distribution
288+9 of the money received under this clause to one (1) or more
289+10 taxing units (as defined in IC 6-1.1-1-21) in the county under
290+11 a formula established by the county fiscal body after receiving
291+12 a recommendation from the county executive.
292+13 (F) Six and thirty-five hundredths percent (6.35%) shall be
293+14 paid to the fiscal officer of the town of Paoli.
294+15 (G) Six and thirty-five hundredths percent (6.35%) shall be
295+16 paid to the fiscal officer of the town of Orleans.
296+17 (H) Twenty-six and four-tenths percent (26.4%) shall be paid
297+18 to the Indiana economic development corporation established
298+19 by IC 5-28-3-1 for transfer as follows:
299+20 (i) Beginning after December 31, 2017, ten percent (10%)
300+21 of the amount transferred under this clause in each calendar
301+22 year shall be transferred to the South Central Indiana
302+23 Regional Economic Development Corporation or a
303+24 successor entity or partnership for economic development
304+25 for the purpose of recruiting new business to Orange County
305+26 as well as promoting the retention and expansion of existing
306+27 businesses in Orange County.
307+28 (ii) The remainder of the amount transferred under this
308+29 clause in each calendar year shall be transferred to Radius
309+30 Indiana or a successor regional entity or partnership for the
310+31 development and implementation of a regional economic
311+32 development strategy to assist the residents of Orange
312+33 County and the counties contiguous to Orange County in
313+34 improving their quality of life and to help promote
314+35 successful and sustainable communities.
315+36 To the extent possible, the Indiana economic development
316+37 corporation shall provide for the transfer under item (i) to be
317+38 made in four (4) equal installments. However, an amount
318+39 sufficient to meet current obligations to retire or refinance
319+40 indebtedness or leases for which tax revenues under this
320+41 section were pledged before January 1, 2015, by the Orange
321+42 County development commission shall be paid to the Orange
322+2022(ts) IN 418—LS 7237/DI 92 8
323+1 County development commission before making distributions
324+2 to the South Central Indiana Regional Economic Development
325+3 Corporation and Radius Indiana or their successor entities or
326+4 partnerships. The amount paid to the Orange County
327+5 development commission shall proportionally reduce the
328+6 amount payable to the South Central Indiana Regional
329+7 Economic Development Corporation and Radius Indiana or
330+8 their successor entities or partnerships.
331+9 (c) This subsection does not apply to tax revenue remitted by an
332+10 inland casino operating in Vigo County. For each city and county
333+11 receiving money under subsection (a)(2), the auditor of state shall
334+12 determine the total amount of money paid by the auditor of state to the
335+13 city or county during the state fiscal year 2002. The amount determined
336+14 is the base year revenue for the city or county. The auditor of state shall
337+15 certify the base year revenue determined under this subsection to the
338+16 city or county. The total amount of money distributed to a city or
339+17 county under this section during a state fiscal year may not exceed the
340+18 entity's base year revenue. For each state fiscal year, the auditor of state
341+19 shall pay that part of the riverboat wagering taxes that:
342+20 (1) exceeds a particular city's or county's base year revenue; and
343+21 (2) would otherwise be due to the city or county under this
344+22 section;
345+23 to the state general fund instead of to the city or county.
346+24 (d) Except as provided in subsections (k) and (l), before August 15
347+25 of each year, the auditor of state shall distribute the wagering taxes set
348+26 aside for revenue sharing under subsection (a)(1) to the county
349+27 treasurer of each county that does not have a riverboat according to the
350+28 ratio that the county's population bears to the total population of the
351+29 counties that do not have a riverboat. Except as provided in subsection
352+30 (g), the county auditor shall distribute the money received by the
353+31 county under this subsection as follows:
354+32 (1) To each city located in the county according to the ratio the
355+33 city's population bears to the total population of the county.
356+34 (2) To each town located in the county according to the ratio the
357+35 town's population bears to the total population of the county.
358+36 (3) After the distributions required in subdivisions (1) and (2) are
359+37 made, the remainder shall be retained by the county.
360+38 (e) Money received by a city, town, or county under subsection (d)
361+39 or (g) may be used for any of the following purposes:
362+40 (1) To reduce the property tax levy of the city, town, or county for
363+41 a particular year (a property tax reduction under this subdivision
364+42 does not reduce the maximum levy of the city, town, or county
365+2022(ts) IN 418—LS 7237/DI 92 9
366+1 under IC 6-1.1-18.5).
367+2 (2) For deposit in a special fund or allocation fund created under
368+3 IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
369+4 IC 36-7-30 to provide funding for debt repayment.
370+5 (3) To fund sewer and water projects, including storm water
371+6 management projects.
372+7 (4) For police and fire pensions.
373+8 (5) To carry out any governmental purpose for which the money
374+9 is appropriated by the fiscal body of the city, town, or county.
375+10 Money used under this subdivision does not reduce the property
376+11 tax levy of the city, town, or county for a particular year or reduce
377+12 the maximum levy of the city, town, or county under
378+13 IC 6-1.1-18.5.
379+14 (f) This subsection does not apply to an inland casino operating in
380+15 Vigo County. Before July 15 of each year, the auditor of state shall
381+16 determine the total amount of money distributed to an entity under
382+17 IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal year. If
383+18 the auditor of state determines that the total amount of money
384+19 distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the
385+20 preceding state fiscal year was less than the entity's base year revenue
386+21 (as determined under IC 4-33-12-9), the auditor of state shall make a
387+22 supplemental distribution to the entity from taxes collected under this
388+23 chapter and deposited into the state general fund. Except as provided
389+24 in subsection (h), the amount of an entity's supplemental distribution
390+25 is equal to:
391+26 (1) the entity's base year revenue (as determined under
392+27 IC 4-33-12-9); minus
393+28 (2) the sum of:
394+29 (A) the total amount of money distributed to the entity and
395+30 constructively received by the entity during the preceding state
396+31 fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus
397+32 (B) the amount of any admissions taxes deducted under
398+33 IC 6-3.1-20-7.
399+34 (g) This subsection applies only to a county containing a
400+35 consolidated city. Marion County. The county auditor shall distribute
401+36 the money received by the county under subsection (d) as follows:
402+37 (1) To each city, other than a the consolidated city, located in the
403+38 county according to the ratio that the city's population bears to the
404+39 total population of the county.
405+40 (2) To each town located in the county according to the ratio that
406+41 the town's population bears to the total population of the county.
407+42 (3) After the distributions required in subdivisions (1) and (2) are
408+2022(ts) IN 418—LS 7237/DI 92 10
409+1 made, the remainder shall be paid in equal amounts to the
410+2 consolidated city and the county.
411+3 (h) This subsection does not apply to an inland casino operating in
412+4 Vigo County. This subsection applies to a supplemental distribution
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
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
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
420+12 than the total adjusted gross receipts received by licensees from
421+13 gambling games authorized under this article during the state
422+14 fiscal year ending June 30, 2020, the maximum amount is
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
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:
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
435+27 the preceding state fiscal year; divided by
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
439+31 If the total amount determined under subsection (f) exceeds the
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
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
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
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
569+32 for training at a law enforcement training school or academy and
570+33 for inservice training programs for law enforcement officers. The
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,
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:
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
1910+40 (B) for taxable years beginning after December 31, 2017, the
1911+41 deductions elected under Section 179 of the Internal Revenue
1912+42 Code on property acquired in an exchange if:
1913+2022(ts) IN 418—LS 7237/DI 92 45
1914+1 (i) the exchange would have been eligible for
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
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
1931+18 Internal Revenue Code.
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
1939+26 previous year the amount necessary to offset the amount included
1940+27 in federal gross income as a result of the deferral of income
1941+28 arising from business indebtedness discharged in connection with
1942+29 the reacquisition after December 31, 2008, and before January 1,
1943+30 2011, of an applicable debt instrument, as provided in Section
1944+31 108(i) of the Internal Revenue Code.
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;
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
1956+2022(ts) IN 418—LS 7237/DI 92 46
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
2230+16 shall report final federal adjustments arising from a partnership level
2231+17 audit or an administrative adjustment request and make payments as
2232+18 required under this section.
2233+19 (b) Final federal adjustments subject to the requirements of this
2234+20 section, except those subject to a properly made election under
2235+21 subsection (c), shall be reported as follows:
2236+22 (1) Not later than the applicable deadline, the partnership shall:
2237+23 (A) file an amended partnership return for the review year and
2238+24 any other taxable year affected by the final federal adjustments
2239+25 with the department as provided in section 8 of this chapter
2240+26 and provide any other information required by the department;
2241+27 (B) notify each of its direct partners of their distributive share
2242+28 of the final federal adjustments as provided in section 8 of this
2243+29 chapter for all affected taxable years for which the partnership
2244+30 filed an amended partnership return by an amended statement
2245+31 or a report in the form and manner prescribed by the
2246+32 department; and
2247+33 (C) file an amended composite return for direct partners and
2248+34 an amended withholding return for direct partners for the
2249+35 review year and any affected taxable years as otherwise
2250+36 required by IC 6-3-4-12 or IC 6-5.5-2-8 and pay any tax due
2251+37 for the taxable years.
2252+38 (2) Each direct partner that is subject to tax under IC 6-3,
2253+39 IC 6-3.6, or IC 6-5.5 shall, on or before the applicable deadline:
2254+40 (A) file an amended return as provided in section 8 of this
2255+41 chapter reporting their distributive share of the adjustments
2256+42 reported to them under subdivision (1)(B) for the taxable year
2257+2022(ts) IN 418—LS 7237/DI 92 53
2258+1 in which affected taxable year attributes would be reported by
2259+2 the direct partner as provided in section 8 of this chapter; and
2260+3 (B) pay any additional amount of tax due as if final federal
2261+4 partnership adjustments had been properly reported, less any
2262+5 credit for related amounts paid or withheld and remitted on
2263+6 behalf of the direct partner.
2264+7 (3) Each tiered partner shall treat any final federal partnership
2265+8 adjustments under this section in a manner consistent with the
2266+9 treatment of tiered partners under section 8 of this chapter.
2267+10 (c) Except as provided in subsection (d), an audited partnership
2268+11 making an election under this subsection shall:
2269+12 (1) not later than the applicable deadline, file an amended
2270+13 partnership return for the review year and for any other affected
2271+14 taxable year elected by the audited partnership, including
2272+15 information as required by the department, and notify the
2273+16 department that it is making the election under this subsection;
2274+17 and
2275+18 (2) not later than ninety (90) days after the applicable deadline,
2276+19 pay an amount, determined as follows, in lieu of taxes owed by its
2277+20 direct or indirect partners:
2278+21 (A) Exclude from final federal adjustments the distributive
2279+22 share of these adjustments reported to a direct exempt partner
2280+23 that is not unrelated business income.
2281+24 (B) For the total distributive shares of the remaining final
2282+25 federal adjustments reported to direct corporate partners and
2283+26 to direct exempt partners, apportion and allocate such
2284+27 adjustments as provided under IC 6-3-2-2 or IC 6-3-2-2.2 (in
2285+28 the case of the adjusted gross income tax) or IC 6-5.5-4 (in the
2286+29 case of the financial institutions tax), and multiply the
2287+30 resulting amount by the tax rate for the taxable year under
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
2289+32 applicable.
2290+33 (C) For the total distributive shares of the remaining final
2291+34 federal adjustments reported to nonresident direct partners
2292+35 other than tiered partners or corporate partners, determine the
2293+36 amount of such adjustments which is Indiana source income
2294+37 under IC 6-3-2-2 or IC 6-3-2-2.2, and multiply the resulting
2295+38 amount by the tax rate under IC 6-3-2-1(a), IC 6-3-2-1(b), and
2296+39 if applicable IC 6-3.6. If a partnership is unable to determine
2297+40 whether a nonresident is subject to tax under IC 6-3.6, or to
2298+41 determine in what county the nonresident is subject to tax
2299+42 under IC 6-3.6, tax shall also be imposed at the highest rate for
2300+2022(ts) IN 418—LS 7237/DI 92 54
2301+1 which a county imposes a tax under IC 6-3.6 for the taxable
2302+2 year.
2303+3 (D) For the total distributive shares of the remaining final
2304+4 federal adjustments reported to tiered partners:
2305+5 (i) determine the amount of any adjustment that is of a type
2306+6 that it would be subject to sourcing in Indiana under
2307+7 IC 6-3-2-2, IC 6-3-2-2.2, or IC 6-5.5-4, as applicable, and
2308+8 determine the portion of this amount that would be sourced
2309+9 to Indiana;
2310+10 (ii) determine the amount of any adjustment that is of a type
2311+11 that it would not be subject to sourcing to Indiana by a
2312+12 nonresident partner under IC 6-3-2-2, IC 6-3-2-2.2, or
2313+13 IC 6-5.5-4, as applicable;
2314+14 (iii) determine the portion of the amount determined under
2315+15 item (ii) that can be established, as prescribed by the
2316+16 department by rule under IC 4-22-2, to be properly allocable
2317+17 to nonresident indirect partners or other partners not subject
2318+18 to tax on the adjustments; and
2319+19 (iv) multiply the sum of the amounts determined in items (i)
2320+20 and (ii) reduced by the amount determined in item (iii) by
2321+21 the highest combined rate for the review taxable year under
2322+22 IC 6-3-2-1(a) IC 6-3-2-1(b) and IC 6-3.6 for any county, the
2323+23 rate under IC 6-3-2-1(b), IC 6-3-2-1(c), or the rate under
2324+24 6-5.5-2-1 for the taxable year, whichever is highest.
2325+25 (E) For the total distributive shares of the remaining final
2326+26 federal adjustments reported to resident individual, estate, or
2327+27 trust direct partners, multiply that amount by the tax rate under
2328+28 IC 6-3-2-1(a) IC 6-3-2-1(b) and IC 6-3.6. If a partnership does
2329+29 not reasonably ascertain the county of residence for an
2330+30 individual direct partner, the rate under IC 6-3.6 for that
2331+31 partner shall be treated as the highest rate imposed in any
2332+32 county under IC 6-3.6 for the taxable year.
2333+33 (F) Add an amount equal to any credit reduction under
2334+34 IC 6-3-3, IC 6-3.1, and IC 6-5.5 attributable as a result of
2335+35 final federal adjustments.
2336+36 (F) (G) Add the amounts determined in clauses (B), (C),
2337+37 (D)(iv), and (E), and (F). For purposes of determining interest
2338+38 and penalties, the due date of payment shall be the due date of
2339+39 the partnership's return under IC 6-3-4-10 for the taxable year,
2340+40 determined without regard to any extensions.
2341+41 If a partnership has made an election under this chapter to report and
2342+42 remit all tax otherwise due at the partnership level for a taxable year,
2343+2022(ts) IN 418—LS 7237/DI 92 55
2344+1 the partnership shall be considered to have made a timely election
2345+2 under this subsection with regard to any changes arising from an
2346+3 amended return under this section for that taxable year.
2347+4 (d) Final federal adjustments subject to an election under subsection
2348+5 (c) shall not include:
2349+6 (1) the distributive share of final federal adjustments that would
2350+7 constitute income derived from a partnership to any direct or
2351+8 indirect partner that is a corporation taxable under IC 6-3-2-1(b),
2352+9 IC 6-3-2-1(c), IC 6-3-2-1.5, or IC 6-5.5-2-1 and is considered
2353+10 unitary to the partnership;
2354+11 (2) any final federal adjustments resulting from an administrative
2355+12 adjustment request; or
2356+13 (3) any other circumstances that the department determines would
2357+14 result in avoidance or evasion of any tax otherwise due from one
2358+15 (1) or more partners under IC 6-3 or IC 6-5.5.
2359+16 (e) Notwithstanding IC 6-3-4-11, an audited partnership not
2360+17 otherwise subject to any reporting or payment obligations to Indiana
2361+18 that makes an election under subsection (c) consents to be subject to
2362+19 Indiana law related to reporting, assessment, payment, and collection
2363+20 of Indiana tax calculated under the election.
2364+21 SECTION 9. IC 6-3-4.5-18, AS AMENDED BY P.L.137-2022,
2365+22 SECTION 50, AND AS AMENDED BY P.L.138-2022, SECTION 8,
2366+23 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
2367+24 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) If a partnership or tiered
2368+25 partner is required to issue a report, issue an amended statement, or
2369+26 issue other information to a partner, owner, or beneficiary under this
2370+27 chapter, and does not issue such report, statement, or information
2371+28 within the period such issuance is required under this chapter, the
2372+29 partnership or tiered partner shall be liable for any tax that otherwise
2373+30 may be due from the partner, owner, or beneficiary, notwithstanding
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:
2376+33 (1) IC 6-3-2-1(a), IC 6-3-2-1(b), plus the highest rate imposed in
2377+34 any county under IC 6-3.6;
2378+35 (2) IC 6-3-2-1(b); IC 6-3-2-1(c); or
2379+36 (3) IC 6-5.5-2-1;
2380+37 unless the partnership or tiered partner can establish that a lower rate
2381+38 should apply, the partnership or tiered partner has made an election to
2382+39 be subject to tax under sections 6, 8, or 9 of this chapter, or to the
2383+40 extent the partnership, tiered partner, or the department can determine
2384+41 that the tax was otherwise properly reported and remitted. Such tax
2385+42 shall be considered to be due on the due date of the partnership's or
2386+2022(ts) IN 418—LS 7237/DI 92 56
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
2390+4 statement, or other information:
2391+5 (1) to an address that the partnership or tiered partner knows or
2392+6 reasonably should know is incorrect; or
2393+7 (2) if the report, amended statement, or other information not
2394+8 described in subdivision (1) is returned and the partnership or
2395+9 tiered partner:
2396+10 (A) fails to take reasonable steps to determine a proper address
2397+11 for reissuance within thirty (30) days after the report, amended
2398+12 statement, or other information is returned; or
2399+13 (B) takes such steps and fails to reissue the report, amended
2400+14 statement, or other information to a proper address within
2401+15 thirty (30) days after the report, amended statement, or other
2402+16 information is returned;
2403+17 such report, amended statement, or other information shall be
2404+18 considered to have not been issued for purposes of this section.
2405+19 (c) The department may issue a proposed assessment under this
2406+20 section not later than three (3) years after the department receives a
2407+21 return or amended return from the partnership or tiered partner for
2408+22 which the partnership or tiered partner fails to issue reports, amended
2409+23 statements, or other information, or from the date a partnership is
2410+24 required to issue partner level adjustments reports to its partners.
2411+25 (d) If:
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
2415+29 tax attributable to the direct or indirect partner; and
2416+30 (2) a partnership or tiered partner files and remits the tax under
2417+31 this section, such tax shall be treated as payment of tax to the
2418+32 direct or indirect partners. However, in no event shall the direct
2419+33 or indirect partners be permitted a refund of tax paid by a
2420+34 partnership or tiered partner under this section unless otherwise
2421+35 permitted under this chapter or IC 6-8.1-9-1.
2422+36 (e) Nothing in this section shall be construed to relieve a partnership
2423+37 or tiered partner from any duty to issue a report, amended statement, or
2424+38 other information otherwise required under this chapter or under any
2425+39 other provision of IC 6-3 or IC 6-5.5. If a partnership or tiered partner
2426+40 issues a report, amended statement, or other information provided
2427+41 under this chapter after the date otherwise required for issuance, the
2428+42 department may grant relief to any tiered partner, direct partner, or
2429+2022(ts) IN 418—LS 7237/DI 92 57
2430+1 indirect partner affected by the late issuance, including extension of
2431+2 applicable deadlines.
2432+3 SECTION 10. IC 8-23-20-25.6, AS AMENDED BY P.L.97-2022,
2433+4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2434+5 JULY 1, 2022]: Sec. 25.6. (a) As used in this section, "market area"
2435+6 means a point within the same county as the prior location of an
2436+7 outdoor advertising sign.
2437+8 (b) This section applies only to an outdoor advertising sign located
2438+9 along the interstate and primary system, as defined in 23 U.S.C. 131(t)
2439+10 on June 1, 1991, or any other highway where control of outdoor
2440+11 advertising signs is required under 23 U.S.C. 131.
2441+12 (c) If an outdoor advertising sign is no longer visible or becomes
2442+13 obstructed, or must be moved or removed, due to a noise abatement or
2443+14 safety measure, grade changes, construction, directional sign, highway
2444+15 widening, or aesthetic improvement made by any agency of the state
2445+16 along the interstate and primary system or any other highway, the
2446+17 owner or operator of the outdoor advertising sign, to the extent allowed
2447+18 by federal or state law, may:
2448+19 (1) elevate a conforming outdoor advertising sign; or
2449+20 (2) relocate a conforming or nonconforming outdoor advertising
2450+21 sign to a point within the market area, if the new location of the
2451+22 outdoor advertising sign complies with the applicable spacing
2452+23 requirements and is located in land zoned for commercial or
2453+24 industrial purposes or unzoned areas used for commercial or
2454+25 industrial purposes.
2455+26 (d) If within one (1) year of an action being filed under IC 32-24, an
2456+27 owner can demonstrate that the owner has made good faith efforts to
2457+28 relocate a conforming or nonconforming outdoor advertising sign to a
2458+29 conforming location within the market area, but the owner has not
2459+30 obtained a new conforming location, the outdoor advertising sign will
2460+31 be treated as if it cannot be relocated within the market area.
2461+32 Notwithstanding subsection (e) and IC 8-23-20.5, if an outdoor
2462+33 advertising sign cannot be elevated or relocated to a conforming
2463+34 location and elevation within the market area, the removal or relocation
2464+35 of the outdoor advertising sign constitutes a taking of a property
2465+36 interest and the owner must be compensated under section 27 of this
2466+37 chapter. Notwithstanding subsections (d) and (g), if a conforming
2467+38 outdoor advertising sign cannot be elevated or relocated within the
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,
2470+41 including the sign structure, and the owner must be compensated under
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
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,
2504+32 SECTION 27, AND AS AMENDED BY P.L.167-2022, SECTION 4,
2505+33 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
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
3203+2022(ts) IN 418—LS 7237/DI 92 75
3204+1 in subsection (b), the officers, agents, and employees of a health care
3205+2 provider, while acting in the course and scope of their employment,
3206+3 may be qualified under this chapter if the following conditions are met:
3207+4 (1) The officers, agents, and employees are individually named or
3208+5 are members of a named class in the proof of financial
3209+6 responsibility filed by the health care provider under IC 34-18-4.
3210+7 (2) The surcharge assessed under IC 34-18-5 is paid.
3211+8 (b) An officer, agent, or employee of a health care provider who has
3212+9 a temporary license under IC 25-1-21 IC 25-1-5.7 is qualified under
3213+10 this article while the temporary license is in effect.
3214+11 SECTION 21. IC 34-26-5-10, AS AMENDED BY P.L.159-2022,
3215+12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3216+13 JULY 1, 2022]: Sec. 10. (a) Except as provided in subsection (b), If a
3217+14 court issues:
3218+15 (1) an order for protection ex parte effective for a period
3219+16 described under section 9(f) of this chapter; or
3220+17 (2) a modification of an order for protection ex parte effective for
3221+18 a period described under section 9(f) of this chapter;
3222+19 and provides relief under section 9(c) of this chapter, upon a request by
3223+20 either party at any time after service of the order or modification, the
3224+21 court shall set a date for a hearing on the petition. Except as provided
3225+22 in subsection (c), the hearing must be held not more than thirty (30)
3226+23 days after the request for a hearing is filed unless continued by the
3227+24 court for good cause shown. The court shall notify both parties by first
3228+25 class mail of the date and time of the hearing. A party may only request
3229+26 one (1) hearing on a petition under this subsection.
3230+27 (b) If a court issues:
3231+28 (1) an order for protection ex parte effective for a period
3232+29 described under section 9(g) of this chapter; or
3233+30 (2) a modification of an order for protection ex parte effective for
3234+31 a period described under section 9(g) of this chapter;
3235+32 and provides relief under section 9(c) of this chapter, upon a request by
3236+33 either party not more than thirty (30) days after service of the order or
3237+34 modification, the court shall set a date for a hearing on the petition.
3238+35 Except as provided in subsection (c), the hearing must be held not more
3239+36 than thirty (30) days after the request for a hearing is filed unless
3240+37 continued by the court for good cause shown. The court shall notify
3241+38 both parties by first class mail of the date and time of the hearing. A
3242+39 party may only request one (1) hearing on a petition under this
3243+40 subsection.
3244+41 (c) A court shall set a date for a hearing on the petition not more
3245+42 than thirty (30) days after the filing of the petition if a court issues an
3246+2022(ts) IN 418—LS 7237/DI 92 76
3247+1 order for protection ex parte or a modification of an order of protection
3248+2 ex parte and:
3249+3 (1) a petitioner requests or the court provides relief under section
3250+4 9(c)(3), 9(c)(5), 9(c)(6), 9(c)(7), or 9(c)(8) of this chapter; or
3251+5 (2) a petitioner requests relief under section 9(d)(2), 9(d)(3), or
3252+6 9(d)(4) of this chapter.
3253+7 The hearing must be given precedence over all matters pending in the
3254+8 court except older matters of the same character.
3255+9 (d) In a hearing under this section:
3256+10 (1) relief under section 9 of this chapter is available; and
3257+11 (2) if a respondent seeks relief concerning an issue not raised by
3258+12 a petitioner, the court may continue the hearing at the petitioner's
3259+13 request.
3260+14 SECTION 22. IC 34-30-2-101.7, AS ADDED BY P.L.149-2022,
3261+15 SECTION 20, IS REPEALED [EFFECTIVE JULY 1, 2022]. Sec.
3262+16 101.7. IC 25-35.6-5-8 (Concerning members, officers, executive
3263+17 director, employees, and representatives of the audiology and
3264+18 speech-language pathology compact commission).
3265+19 SECTION 23. IC 34-30-2.1-53, AS ADDED BY P.L.105-2022,
3266+20 SECTION 12, IS REPEALED [EFFECTIVE JANUARY 1, 2023]. Sec.
3267+21 53. IC 6-1.1-12-2 (Concerning a closing agent for failure to perform
3268+22 certain tasks for purposes of obtaining a property tax deduction for the
3269+23 property).
3270+24 SECTION 24. IC 34-30-2.1-386.5 IS ADDED TO THE INDIANA
3271+25 CODE AS A NEW SECTION TO READ AS FOLLOWS
3272+26 [EFFECTIVE JULY 1, 2022]: Sec. 386.5. IC 25-35.6-5-8 (Concerning
3273+27 members, officers, executive director, employees, and
3274+28 representatives of the audiology and speech-language pathology
3275+29 compact commission).
3276+30 SECTION 25. [EFFECTIVE JULY 1, 2022] (a) The general
3277+31 assembly recognizes that SEA 80-2022 (P.L.105-2022):
3278+32 (1) repeals IC 34-30-2; and
3279+33 (2) relocates the contents of IC 34-30-2 to IC 34-30-2.1;
3280+34 effective July 1, 2022.
3281+35 (b) The general assembly also recognizes that several acts
3282+36 enacted in the 2022 legislative session added new sections to
3283+37 IC 34-30-2 or amended sections within IC 34-30-2. The general
3284+38 assembly intends to repeal IC 34-30-2 effective July 1, 2022. Except
3285+39 as set forth in subsections (c) and (d), conflict resolution between
3286+40 those acts and SEA 80-2022 (P.L.105-2022) was enacted in SEA
3287+41 80-2022 (P.L.105-2022).
3288+42 (c) SEA 5-2022 (P.L.149-2022) adds IC 34-30-2-101.7 effective
3289+2022(ts) IN 418—LS 7237/DI 92 77
3290+1 July 1, 2022. This act:
3291+2 (1) repeals IC 34-30-2-101.7, as added by SEA 5-2022
3292+3 (P.L.149-2022); and
3293+4 (2) relocates the text of that section to a new
3294+5 IC 34-30-2.1-386.5;
3295+6 effective July 1, 2022.
3296+7 (d) HEA 1260-2022 (P.L.174-2022) amends IC 34-30-2-16.6
3297+8 effective January 1, 2023. IC 34-30-2-16.6 was relocated by SEA
3298+9 80-2022 (P.L.105-2022) to IC 34-30-2.1-53 effective July 1, 2022.
3299+10 This bill repeals IC 34-30-2-16.6 effective January 1, 2023, to
3300+11 effectuate the amendment of IC 34-30-2-16.6 intended by HEA
3301+12 1260-2022.
3302+13 (e) This SECTION expires December 31, 2022.
3303+14 SECTION 26. An emergency is declared for this act.
3304+2022(ts) IN 418—LS 7237/DI 92