Citations Affected:
IC 10-4-1-3
;
IC 10-4-1-7.1.
Synopsis: Suspension of sales tax on home energy. Allows the
governor, during an energy emergency, to suspend the state gross retail
tax on the purchase of home energy.
Effective: July 1, 2001.
January 18, 2001, read first time and referred to Committee on Finance.
A BILL FOR AN ACT to amend the Indiana Code concerning state
police, civil defense and military affairs.
SECTION 1.
IC 10-4-1-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 3. As used in this chapter:
(1) "Emergency management" means the preparation for and the
coordination of all emergency functions, other than functions for
which military forces or other federal agencies are primarily
responsible, to prevent, minimize, and repair injury and damage
resulting from disasters. These functions include, without
limitation, firefighting services, police services, medical and
health services, rescue, engineering, warning services,
communications, radiological, chemical and other special
weapons defense, evacuation of persons from stricken areas,
emergency welfare services, emergency transportation, plant
protection, temporary restoration of public utility services, and
other functions related to civilian protection, together with all
other activities necessary or incidental to the preparation for and
coordination of the foregoing functions.
(2) "Political subdivision" has the meaning set forth in
IC 36-1-2-13.
(3) "Disaster" means occurrence or imminent threat of widespread
or severe damage, injury, or loss of life or property resulting from
any natural or manmade cause, including but not limited to fire,
flood, earthquake, wind, storm, wave action, oil spill, other water
contamination requiring emergency action to avert danger or
damage, air contamination, drought, explosion, riot, or hostile
military or paramilitary action.
(4) "Energy" means coal, petroleum or other liquid fuels, natural
or synfuel gas, or electricity.
(5) "Energy emergency" means an existing or projected shortfall
of at least eight percent (8%) of motor fuel or of other energy
sources which threatens to seriously disrupt or diminish energy
supplies to the extent that life, health, or property may be
jeopardized.
(6) "Home energy" has the meaning set forth in
IC 12-14-11-2.
SECTION 2.
IC 10-4-1-7.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7.1. (a) In addition to
existing powers and duties, the governor has the following duties and
special energy emergency powers, subject to the definitions and
limitations in this chapter:
(1) The governor may, upon finding that an energy emergency
exists, proclaim a state of energy emergency at which time all of
the general and specific emergency powers further enumerated in
this section and section 7.2 of this chapter become effective.
(2) A proclamation issued under this section, and any order or
rule issued as a result thereof, continues in effect until sixty (60)
days from the date of the proclamation of the energy emergency
unless the governor rescinds it and declares the energy emergency
ended prior to the expiration of this sixty (60) day period.
(3) The governor may not renew or extend a proclamation more
than once without approval of both houses of the legislature.
(4) The conditions of an energy emergency cease to exist upon a
declaration to that effect by the governor.
(5) In a declared state of energy emergency, the governor may:
(A) implement such programs, controls, standards, priorities,
and quotas for the conservation and consumption of energy,
including plans and commission regulations for the
curtailment of energy; provided that in so doing, the governor
imposes controls, quotas, or curtailments according to the
nature of the end use to be made of the energy consistent with
existing transmission and distribution systems serving the
geographic area affected by the energy emergency;
(B) suspend and modify existing state pollution control
standards and requirements affecting or affected by the use of
energy, including those relating to air or water quality control;
(C) establish and implement intrastate regional programs and
agreements for the purposes of coordinating the energy
program and actions of the state with those of the federal
government and of other states, localities, and other persons;
(D) designate the execution and enforcement of emergency
orders to a state agency which already regulates the energy
form, resource, or suppliers which are the subject of the
proclaimed emergency; and
(E) suspend the provisions of any state statute regulating
transportation or the orders or rules of any state agency if strict
compliance with any of these provisions would in any way
prevent, hinder, or delay necessary action in coping with the
energy emergency; and
(F) suspend the state gross retail tax on transactions
involving the purchase of home energy.
(6) Any restrictions, curtailments, or adjustments pursuant to
subdivision (5) of this subsection shall:
(A) be ordered and continue only so long as demonstrably
necessary for the maintenance of essential services or
transportation, or the continued operation of the economy but
no longer than the duration of the proclamation;
(B) be applied as uniformly as practicable within each class of
suppliers and consumers and without discrimination within a
class; and
(C) give due consideration to:
(i) the implementation of involuntary measures only after
voluntary measures have been determined to be ineffective;
(ii) protection of public health and safety;
(iii) maintenance of vital activities, including but not limited
to food, shelter, fuel, and medical care;
(iv) minimization of economic impact on commercial, retail,
professional, agricultural, and service establishments;
(v) cooperation with other states, local and federal
governments to avoid duplication of efforts; and
(vi) maintenance of public information channels.
(b) Nothing in this section means that any program, control,
standard, priority quota, or other policy created under the authority of
the emergency powers authorized by this section has any continuing
legal effect after the cessation of a declared state of energy emergency.
(c) Except as provided in this section, nothing in this chapter
exempts a person from compliance with the provisions of any other
law, rule, or directive unless specifically ordered by the governor, or
unless impossibility of compliance is a direct result of an order of the
governor.
(d) A proclamation issued under this section shall be:
(1) disseminated promptly and in a manner calculated to inform
the general public of its contents; and
(2) filed promptly with the secretary of state and the clerk of each
circuit court of this state.