January 8, 2002, read first time and referred to Committee on Commerce, Economic
Development and Technology.
Second Regular Session 112th General Assembly (2002)
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HOUSE BILL No. 1115
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-4-30; (02)IN1115.1.1. -->
IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 30. Taxpayer Protection and Development Assistance
Sec. 1. As used in this chapter, "development assistance" means
any form of public assistance provided by a granting body to
stimulate economic development of a specific corporation,
business, industry, geographic area, or part of Indiana's economy.
The term includes the following:
(1) Tax deductions under
(2) Tax credits under the enterprise zone program.
(3) Training grants, including grants provided by the
department of workforce development and grants or other
assistance under the training 2000 program established under
(4) Loans and loan guarantees.
(5) Tax increment financing.
(6) Grants, including research and development grants.
(7) Fee waivers.
(8) Land price subsidies.
(9) Infrastructure, the principal beneficiary of which is a
single business or defined group of businesses at the time the
infrastructure is built or improved.
(10) Matching funds.
(11) Industrial development bonds.
(12) Inventory tax credits under
Sec. 2. As used in this chapter, "granting body" means Indiana
or a political subdivision that provides development assistance.
Sec. 3. (a) The department of commerce shall, before January
1, 2003, adopt a standardized information form that must be
completed by a person applying for development assistance under
a program or fund operated or administered by a granting body.
(b) The information form under this section must require at
least the following information:
(1) An application tracking number that is specific to each
granting body and each application for development
(2) The name, street and mailing address, telephone number,
and executive of the granting body.
(3) The name, street and mailing address, telephone number,
and principal officers of the controlling entity of the applicant
for development assistance.
(4) The name, street and mailing address, telephone number,
four (4) digit standard industrial classification (SIC) number,
and chief officer of the applicant for development assistance
at any specific project site for which development assistance
(5) The total number of the applicant's full-time, part-time,
and temporary employees who work at a specific project site
on the date of the application.
(6) The total number of full-time, part-time, and temporary
employees who are employed in Indiana by the applicant's
controlling entity or any subsidiary of the controlling entity
on December 31 of the year preceding the date of the
(7) The type and value of the development assistance for
which the applicant is applying.
(8) The total number of new full-time, part-time, and
temporary jobs that the applicant estimates will be created by
the development assistance.
(9) The average hourly wage or salary that the applicant will
pay to full-time, part-time, and temporary employees
described in subdivision (6) during the first calendar year
after those employees are hired.
(10) For an application for development assistance related to
a specific project site located in a metropolitan statistical area
(as defined by the United States Department of Commerce,
Bureau of the Census), the average hourly wage paid in
Indiana to nonmanagerial employees employed in the
applicant's industry, as most recently provided by the United
States Department of Labor, Bureau of Labor Statistics. The
information required under this subdivision must be listed
according to two (2) digit standard industrial classification
(SIC) numbers or three (3) digit standard industrial
classification (SIC) numbers, if that information is available.
(11) For an application for development assistance related to
a specific project site that is not located in a metropolitan
statistical area (as defined by the United States Department of
Commerce, Bureau of the Census), the average weekly wage
paid in the county in which the project is located, as most
recently reported by the United States Department of
Commerce in the "County Business Patterns" report or a
(12) The type and amount of employer paid health care
coverage that the applicant will provide to its new employees
not more than ninety (90) days after hiring. The applicant
must specify any costs that will be paid by the new employees.
(13) A list of all other forms of development assistance that
the applicant is seeking and the name of the granting body
from which that development assistance is sought.
(14) A description of effects the applicant's use of the
development assistance may have on employment at any site
in a United States jurisdiction controlled by the applicant or
the applicant's controlling entity, including any automation,
consolidation, merger, acquisition, product line movement,
business activity movement, or restructuring by either the
applicant or the controlling entity.
(15) Individual certifications by the executives of the applicant
and the granting body as to the accuracy of the application,
under penalty of perjury.
(c) Beginning January 1, 2003, an applicant for development
assistance must complete an information form under this section
and submit the information form to the granting body from which
the development assistance is sought. The granting body shall
forward a copy of each completed information form to the
department of commerce.
(d) The department shall, before September 30 of each year,
update the information form required by this section.
Sec. 4. (a) The department of commerce shall, before November
1 of each year, publish a report compiling and summarizing the
information provided to the department under section 3 of this
(b) The report required by this section must include at least the
(1) The total amount of development assistance provided by
all granting bodies.
(2) The total amount of development assistance provided in
various regions of the state.
(3) The distribution of development assistance by the amount
of development assistance.
(4) The distribution of development assistance by type and by
(c) The department of commerce shall make the following
available in both print and electronic form at no cost to the public:
(1) The report published under this section.
(2) All information provided to the department under this
chapter by a granting body or by a person receiving
The report shall be written at an eighth grade reading level. The
report and information shall be made available at a centralized
physical location as determined by the department and on the
department's public information page on its Internet site on the
world wide web established under
Sec. 5. (a) A local government granting body that provides
development assistance must, before September 1, file with the
department of commerce a report listing the persons receiving
development assistance who failed to provide the information
required by section 3 of this chapter.
(b) If a local government granting body does not provide the
department of commerce with the information required by this
section before September 1, the department of commerce shall
provide the local government granting body with notice that the
information must be filed. If the local government granting body
does not provide the department of commerce with the required
information within fourteen (14) days after the notice is provided,
the department of commerce:
(1) shall suspend any current development assistance
activities under its control in the granting body's jurisdiction;
(2) may not complete any current development assistance or
provide any additional development assistance in the granting
until the granting body provides the information required by
section 3 of this chapter.
(c) The department of commerce shall provide information and
assistance to local government granting bodies concerning the
granting bodies' reporting requirements under this section.
Sec. 6. If a granting body or the department of commerce does
not enforce or carry out the requirements of this chapter, a person
who paid state income taxes or paid property taxes to a taxing unit
in the preceding year, or any organization representing such a
person, is entitled to bring a civil action to compel enforcement of
this chapter. In an action under this section, a court shall award
reasonable attorney's fees and actual incurred costs in pursuing the
action to a prevailing plaintiff or organization.