HB 2008-21_ Filed 03/04/2003, 15:08 Bosma
Adopted 3/4/2003


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 2008 be recommitted to a Committee of One, its author, with specific instructions to amend as follows:

Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
    "SECTION 1. IC  4-3-14-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE January 1, 2004]: Sec. 4. (a) The articles of incorporation or bylaws of the corporation, as appropriate, must provide that:
        (1) the exclusive purpose of the corporation is to contribute to the strengthening of the economy of the state by:
            (A) coordinating the activities of all parties having a role in the state's economic development through evaluating, overseeing, and appraising those activities on an ongoing basis;
            (B) overseeing the implementation of the state's economic development plan and monitoring the updates of that plan; and
            (C) educating and assisting all parties involved in improving the long range vitality of the state's economy;
        (2) the board must include:
            (A) the governor;
            (B) the lieutenant governor;
            (C) the chief operating officer of the corporation;
            (D) the chief operating officer of the corporation for Indiana's international future; and
            (E) additional persons appointed by the governor, who are

actively engaged in Indiana in private enterprise, organized labor, state or local governmental agencies, and education, and who represent the diverse economic and regional interests throughout Indiana; is composed of the
            following twenty-one (21) members, none of whom may             be members of the general assembly:
            (A) Three (3) persons appointed by the governor who                     
            must be employed in or retired from the private or             nonprofit sector but may not represent organized labor.
            Appointments made under this subdivision are also             subject to the requirements of subsection (a)(3).
            (B) Three (3) persons appointed by the lieutenant         
            governor who must be employed in or retired from the             private or nonprofit sector but may not represent             organized labor. Appointments made under this             subdivision are also subject to the requirements of             subsection (a)(3).
            (C) Two (2) persons appointed by the speaker of the             house of representatives who must be employed in or             retired from the private or nonprofit sector. One (1) of
            these appointees must represent organized labor and             the other appointee may not represent organized             labor.
            (D) Two (2) persons appointed by the minority leader of     the house of representatives who must be employed in     or     retired from the private             or nonprofit sector. One (1)     of     these appointees must represent             organized labor and     the     other appointee may not represent organized             labor.
            (E) Two (2) persons appointed by the president pro             
            tempore of the senate who must be employed in or             retired from the private or nonprofit sector. One (1) of             these appointees must represent organized labor and             the other appointee may not represent organized labor.
            (F) Two (2) persons appointed by the minority leader of     the senate who must be employed in or retired from the     private or nonprofit sector. One (1) of these appointees     must represent organized labor     and the other appointee     may not represent organized labor.
            (G) One (1) person appointed by the president of                 
            Indiana University who must be employed in or retired             from the private or nonprofit sector or academia, but             may not represent organized labor.
            (H) One (1) person appointed by the president of             
            Purdue University who must be employed in or retired             from the private or nonprofit sector or academia, but             may not represent organized labor.
            (I) One (1) person appointed by the president of Indiana     State University who must be employed in or retired         
            from the private or nonprofit sector or academia, but             may not represent organized labor.
            (J) One (1) person appointed by the president of Ball         
            State University     who must be employed in or retired

            from the private or nonprofit sector or academia, but             may not represent organized labor.
            (K) One (1) person appointed by the president of the         
            University of Southern Indiana who must be employed             in or retired from the private or nonprofit sector or             academia, but may not represent organized labor.
            (L) One (1) person appointed by the president of Ivy             
            Tech State College who must be employed in or retired             from the private or nonprofit sector or academia, but             may not represent organized labor.
            (M) One (1) person appointed by the president of                          Vincennes University who must be employed in or         
            retired from the private or nonprofit sector or             academia, but may not represent organized labor.
        (3) The governor and lieutenant governor shall coordinate         their appointments under subsection (a)(2)(A) and (a)(2)(B)         so that those appointments include at least one (1)         representative from each of the following industry sectors:
            (A) Advanced manufacturing, such as automotive, electronics, aerospace, robotics, or engineering design technology.
            (B) Information technology, such as informatics,             
            certified network administration, software development,             or fiber optics.
            (C) Life sciences, such as orthopedics, medical devices,     biomedical research and development, pharmaceutical     manufacturing, agribusiness, nanotechnology, or             
            molecular manufacturing.
            (D) Logistics, such as high technology distribution,     
            intermodal ports,     
            or flow and storage of goods, services, and information.
            (E) Public utilities (as defined in IC 8-1-2-1 ).

         (4) The terms of office of the members of the corporation are         as follows:
            (A) Members appointed by the governor, lieutenant             governor, president pro tempore of the senate, or             minority leader of the senate serve for terms of four (4)             years.
            (B) Members appointed by the speaker of the house of
            representatives, the minority leader of the house of             representatives, or the president of a university or             college serve for terms of two (2) years.
        Each member shall hold office for the term of appointment         and shall continue to serve after expiration of the         appointment until a successor is appointed and qualified.         Members are eligible for reappointment.
        (5) The governor may designate a member of the board         appointed by the governor under subsection (a)(2)(A) of this         section to serve as chairperson. However, if the governor         does not designate a chairperson, the members

        shall elect a chairperson from among the members.
        (6) Fourteen (14) members constitute a quorum for the         transaction of business. The affirmative vote of at least         eleven (11) members is necessary for any action to be taken         by the corporation. Members may vote by written proxy         delivered in advance to any other member who is present at         the meeting.
        (7) Meetings of the corporation shall be held at the call of the         chairperson or whenever any five (5) members request a         meeting. The members shall meet at least once every three         (3) months to attend to the business of the corporation.
        (8) The corporation shall determine qualifications, duties,         compensation, and terms of service for persons designated         in subsection (a)(9) and subsection(a)(10).
        (3) the governor shall serve as chairman of the board of the corporation, and the lieutenant governor shall serve as the chief executive officer of the corporation;
        (4) (9) the governor shall appoint as vice chairman of the board a member of the board engaged in private enterprise; the board shall elect an executive director of the corporation;
        (5) (10) the lieutenant governor executive director of the corporation shall be responsible as chief executive officer for overseeing implementation of the state's economic development plan as articulated by the corporation board and shall oversee the activities of the corporation's chief operating officer corporation;
        (6) the governor may appoint an executive committee composed of members of the board (size and structure of the executive committee shall be set by the articles and bylaws of the corporation);
        (7) (11) the corporation may receive funds from any source and may expend funds for any activities necessary, convenient, or expedient to carry out its purposes;
        (8) (12) any amendments to the articles of incorporation or bylaws of the corporation must be approved by the governor; board;
        (9) (13) the corporation shall submit an annual report to the governor , lieutenant governor and to the Indiana general assembly on or before the first day of November for each year;
        (10) (14) the corporation shall conduct an annual public hearing to receive comment from interested parties regarding the annual report, and notice of the hearing shall be given at least fourteen (14) days prior to the hearing in accordance with IC  5-14-1.5-5 (b); and
        (11) (15) the corporation is subject to an annual audit by the state board of accounts, and the corporation shall bear the full costs of this audit.
     (b) The members of the corporation are entitled to a salary per diem for attending meetings equal to the per diem provided by law for members of the general assembly. The members of the

corporation shall receive reimbursement for actual and necessary expenses on the same basis as state employees.
    (c) Employees of the corporation are not employees of the state.
    (d) The corporation may, without the approval of the attorney general or any other state officer, employ bond counsel, other legal counsel, technical experts, and other officers, agents, and employees, permanent or temporary, the corporation considers necessary to carry out the efficient operation of the corporation.
    (b) (e) The corporation is granted all powers necessary or appropriate to carry out and effectuate the corporation's public and corporate purposes under this chapter. The corporation may perform other acts and things necessary, convenient, or expedient to carry out the purposes identified in this section, and it has all rights, powers, and privileges granted to corporations by IC  23-17 and by common law."
SOURCE: Page 50, line 16; (03)MO200825.50. -->     Page 50, between lines 16 and 17, begin a new paragraph and insert:
SOURCE: IC 6-1.1-3-22; (03)MO200825.28. -->     "SECTION 28. IC 6-1.1-3-22 , AS ADDED BY P.L.192-2002(ss), SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 22. (a) Except to the extent that it conflicts with a statute, 50 IAC 4.2 (as in effect January 1, 2001) is incorporated by reference into this section.
    (b) Tangible personal property within the scope of 50 IAC 4.2 (as in effect January 1, 2001) shall be assessed on the assessment dates in calendar years 2003 and thereafter in conformity with 50 IAC 4.2 (as in effect January 1, 2001), except that the rate of total valuation percentage to apply to a taxpayer in a taxing district under 50 IAC 4.2-4-9 is the following:
        (1) Twenty-five percent (25%) on an assessment date in 2004 for property taxes first due and payable in 2005.
        (2) Twenty percent (20%) on an assessment date in 2005 for property taxes first due and payable in 2006 and on an assessment date each year thereafter through payable 2010.

        (c) The publisher of the Indiana Administrative Code may continue to publish 50 IAC 4.2          (as in effect January 1, 2001) in the Indiana Administrative Code.
        (d) 50 IAC 4.3 and any other rule to the extent that it conflicts with this section is void.
        (e) A reference in 50 IAC 4.2 to a governmental entity that has been terminated or a statute         that has been repealed or amended shall be treated as a reference to its successor.
SOURCE: IC 6-1.1-8-44; (03)MO200825.29. -->         SECTION 29. IC 6-1.1-8-44 , AS ADDED BY P.L.192-2002(ss), SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 44.(a) Except to the extent that it conflicts with a statute, 50 IAC 5.1 (as in effect January 1, 2001) is incorporated by reference into this section.
    (b) Tangible personal property within the scope of 50 IAC 5.1 (as in effect January 1, 2001) shall be assessed on the assessment dates in calendar years 2003 and thereafter in conformity with 50 IAC 5.1 (as

in effect January 1, 2001), except that the rate of total valuation percentage to apply to a taxpayer in a taxing district under 50 IAC 5.1-6-9 is the following:
        (1) Twenty-five percent (25%) on an assessment date in 2004 for property taxes first due and payable in 2005.
        (2) Twenty percent (20%) on an assessment date in 2005 for property taxes first due and payable in 2006 and on an assessment date each year thereafter through payable 2010.
    
(c) The publisher of the Indiana Administrative Code may
continue to publish 50 IAC 5.1 (as in effect January 1, 2001) in the Indiana Administrative Code.
    (d) 50 IAC 5.2 and any other rule to the extent that it conflicts with this section is void.
    (e) A reference in 50 IAC 5.1 to a governmental entity that has been terminated or a statute that has been repealed or amended shall be treated as a reference to its successor.
    SECTION 30. IC 6-3.1-4-6 , AS AMENDED BY P.L.192-2002(ss), SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. Notwithstanding the other provisions of this chapter, a taxpayer is not entitled to a credit for Indiana qualified research expense incurred after December 31, 2004. 2010. Notwithstanding Section 41 of the Internal Revenue Code, the termination date in Section 41(h) of the Internal Revenue Code does not apply to a taxpayer who is eligible for the credit under this chapter for the taxable year in which the Indiana qualified research expense is incurred.".
    Page 52, between lines 20 and 21, begin a new paragraph and insert:
    " SECTION 32. IC 6-3.1-26 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 26. Indiana Growth Scholars Tax Credit
     Sec. 1. As used in this chapter, "eligible taxpayer" means an individual who satisfies the following requirements:
        (1) The individual participated in the Indiana growth scholars program established under IC 20-12-20.3.
        (2) The individual received provisional tax credits under the program described in subdivision (1).
        (3) The individual graduated from a certified degree program (as defined in IC 20-12-20.3-1).
        (4) The individual is employed in Indiana.
    Sec. 2. As used in this chapter, "state income tax liability" means an individual's adjusted gross income tax liability under IC 6-3.
    Sec. 3. (a) Beginning with the eligible taxpayer's first taxable year that begins after the date that the eligible taxpayer graduated from a certified degree program, an eligible taxpayer is entitled to a refundable credit against the eligible taxpayer's state income tax liability. The amount of the tax credit is equal to the amount of the provisional credit awarded to the eligible taxpayer in the academic

year that corresponds to the number of taxable years following the eligible taxpayer's graduation as follows:
        Taxable year following     Academic year in the
        graduation    program
        1st                            1st
        2nd                            2nd
        3rd                            3rd
        4th                            4th
    (b) If the amount of the credit under this chapter exceeds the eligible taxpayer's state tax liability for the taxable year, the excess shall be refunded to the eligible taxpayer.
    Sec. 4. To obtain the credit provided by this chapter, an eligible taxpayer must file with the department information proving the amount of the provisional tax credits awarded to the eligible taxpayer as a student participating in the Indiana growth scholars program and any other information required by the department."

SOURCE: IC 20-12-20.3; (03)PD4456.2. -->     Page 75, between lines 22 and 23, begin a new paragraph and insert:
    "SECTION 65. IC 20-12-20.3 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 20.3. Indiana Growth Scholars Program
    Sec. 1. As used in this chapter, "certified degree program" has the meaning set forth in IC 22-4.1-7-1.
    Sec. 2. As used in this chapter, "commission" refers to the student assistance commission established by IC 20-12-21-4.
    Sec. 3. As used in this chapter, "eligible employer" means an employer that provides employment to an eligible student in targeted employment (as defined in IC 22-4.1-7-6 ) through the internship component of a certified degree program under IC 22-4.1-7. The term includes the following:
        (1) A person (as defined in IC 6-3-1-14 ) acting as a sole proprietor.
        (2) A corporation (as defined in IC 6-3-1-10 ).
        (3) A partnership (as defined in IC 6-3-1-19 ).
    Sec. 4. As used in this chapter, "eligible student" means a student (as defined in IC 22-4.1-7-5 ) who:
        (1) is enrolled full time as an undergraduate in a certified degree program through an institution of higher learning;
        (2) is an Indiana resident;
        (3) has achieved a Core 40 or an Academic Honors Diploma, or the equivalent of a Core 40 or an Academic Honors Diploma, as determined by the commission; and
        (4) has a cumulative high school grade point average of at least 3.0 on a 4.0 scale.
The commission may impose additional eligibility requirements, including requirements set forth in IC 20-12-21-6.
    Sec. 5. As used in this chapter, "institution of higher learning" means:
        (1) a state educational institution (as defined in IC 20-12-0.5-1 ); or


        (2) a private institution of higher education (as defined in IC 20-12-63-3 (10)).
    Sec. 6. (a) The Indiana growth scholars program is established.
    (b) The commission shall administer the program.
    Sec. 7. The executive director of the commission may employ or contract for clerical and professional staff and administrative support necessary to implement this chapter.
    Sec. 8. (a) The commission shall award a provisional tax credit to an eligible student who:
        (1) is enrolled in good standing in a certified degree program;
        (2) enters into an agreement with the commission under this chapter; and
        (3) complies with the requirements established under the rules of the commission.
    (b) An eligible student may not claim a tax credit against the student's Indiana adjusted gross income tax under this chapter. However, proof of the provisional tax credit awarded under this chapter may be used to obtain a tax credit under IC 6-3.1-25 in a taxable year that begins after the eligible student graduates from a certified degree program and remains eligible for a tax credit under the requirements of IC 6-3.1-25.
    Sec. 9. (a) The amount of a provisional tax credit awarded under section 8 of this chapter may be up to two thousand dollars ($2,000) per academic year.
    (b) The commission may not award total provisional tax credits in excess of twenty-eight million dollars ($28,000,000) for any academic year. Furthermore, the commission must limit the award of provisional tax credits for the 2003-2004 academic year so that the total amount of tax credits claimed under this chapter for the 2005 taxable year does not exceed seven million five hundred thousand dollars ($7,500,000).
    (c) The commission may consider any of the following factors in determining the amount of the grant to award under section 8 of this chapter:
        (1) Whether an eligible student is enrolled in a certified degree program for less than a full academic year.
        (2) Whether a student receives additional aid from other state assistance programs.
        (3) Any other factor set forth in the rules of the commission.
    Sec. 10. An eligible student must enter into an agreement with the commission to be eligible for a provisional tax credit under this chapter. The agreement must include the following requirements:
        (1) The eligible student must remain enrolled in good standing in a certified degree program during the academic year.
        (2) The eligible student must remain and be employed in Indiana after the student graduates from the certified degree program for a period of years equal to the number of years for which the student received a provisional tax credit under this chapter.
The agreement may include any other provisions that the

commission considers necessary to administer this chapter.
    Sec. 11. The commission shall enter into agreements with institutions of higher learning to implement this chapter.
    Sec. 12. The commission may adopt rules under IC 4-22-2 that are necessary or appropriate to implement this chapter. The rules that are adopted under this chapter may include rules establishing different standards or procedures for resident and nonresident students.
".
    Page 82, between lines 38 and 39, begin a new paragraph and insert:
    "SECTION 69. [EFFECTIVE JULY 1, 2003] (a) As used in this SECTION, "commission" refers to the government efficiency commission established by subsection (c).
    (b) As used in this SECTION, "state educational institution" has the meaning set forth in IC 20-12-0.5-1.
    (c) The government efficiency commission is established.
    (d) The commission consists of the following members:
        (1) One (1) co-chairperson appointed before July 16, 2003, by the president pro tempore of the senate.
        (2) One (1) co-chairperson appointed before July 16, 2003, by the speaker of the house of representatives.
        (3) Ten (10) members appointed before August 16, 2003, by the president pro tempore of the senate, five (5) of those members appointed with the advice and consent of the minority leader of the senate.
        (4) Ten (10) members appointed before August 16, 2003, by the speaker of the house of representatives, five (5) of those members appointed with the advice and consent of the minority leader of the house of representatives.
    (e) The following may not be members of the commission:
        (1) An elected or appointed state or local official.
        (2) An employee or a person receiving a pension or other retirement benefit related to service to any of the following:
            (A) A state educational institution.
            (B) A school corporation or a charter school.
            (C) The state or any agency of the state.
        (3) A person who has a direct business relationship with any of the following:
            (A) A state educational institution.
            (B) A public school corporation.
            (C) The state or any agency of the state.
            (D) An elected or appointed state agency official.
            (E) The general assembly or any of its members.
    (f) A member of the commission is not entitled to a salary per diem.
    (g) A member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the legislative council's travel policies and procedures.
    (h) The commission shall meet upon the call of the co- chairpersons.


    (i) The co-chairpersons may advise the president pro tempore of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives concerning the appointment of other members of the commission.
    (j) A quorum of the commission must be present to conduct business. A quorum consists of a majority of the voting members appointed to the commission.
    (k) The commission may not take an official action unless the official action has been approved by at least a majority of the voting members appointed to serve on the commission.
    (l) The co-chairpersons shall establish and appoint commission members to four (4) subcommittees as follows:
        (1) The K-12 education subcommittee.
        (2) The higher education subcommittee.
        (3) The Medicaid and human services subcommittee.
        (4) The general government subcommittee.
    (m) The co-chairpersons shall name the chairperson of each subcommittee.
    (n) The commission shall do the following:
        (1) Review all state funded agencies, departments, and programs.
        (2) Make recommendations to improve efficiency and reduce waste or other unnecessary costs associated with any state funded agency, department, or program.
    (o) The following persons shall serve as staff advisers to the commission:
        (1) The state budget director.
        (2) The commissioner of the commission for higher education.
        (3) The Indiana state board of education administrator.
        (4) The executive director of the legislative services agency.

    (p) The commission shall provide its final recommendations before December 31, 2004, to the following:
        (1) The governor.
        (2) The general assembly.

    (g) This SECTION expires January 1, 2005.
    SECTION 70. [EFFECTIVE JANUARY 1, 2004]: No later than April 1, 2004, the board in SECTION 1 shall amend its bylaws in accordance with IC 4-3-14-4 as amended by this act."
    Renumber all SECTIONS consecutively.
    (Reference is to HB 2008 as printed February 26, 2003.)

________________________________________

Representative BOSMA




Text Box

Adopted Rejected

COMMITTEE REPORT

MR. SPEAKER:

    Your Committee of One, to which was referred House Bill 2008, begs leave to report that said bill has been amended as directed.

________________________________________

Representative BOSMA


RH 200805/DI lh
2003