Introduced Version






SENATE BILL No. 410

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DIGEST OF INTRODUCED BILL



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.





Mrvan




    January 18, 2001, read first time and referred to Committee on Finance.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 410



    A BILL FOR AN ACT to amend the Indiana Code concerning state police, civil defense and military affairs.

Be it enacted by the General Assembly of the State of Indiana:

    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.