HB 1365-8_ Filed 02/23/2004, 10:44 Mrvan

SENATE MOTION


MADAM PRESIDENT:

    I move that Engrossed House Bill 1365 be amended to read as follows:

    Page 14, between lines 25 and 26, begin a new paragraph and insert:
    "SECTION 4. IC 6-1.1-20.7-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.The provisions of IC 6-1.1-20.8-2 , IC 6-1.1-20.7-11 and IC 6-1.1-20.8-3 with respect to the enterprise zone inventory personal property tax credit concerning:
    (1) the time, place, and procedures for filing applications;
    (2) notice and appeal procedures; and
    (3) review procedures;
apply to the administration of the credit provided by this chapter.
    SECTION 5. IC 6-1.1-20.8-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 0.5. The following definitions apply throughout this chapter:
    (1) "Enterprise zone inventory" means inventory, as defined     in IC 6-1.1-3-11, that is located within an enterprise zone     created under IC 6-4-6.1 on the assessment date.
    (2) "Enterprise zone personal property" refers to new     enterprise zone personal property and enterprise zone     inventory located     within an enterprise zone created under     IC 6-4-6.1 on the assessment date.
    (3) "New enterprise zone personal property" means personal     property (as defined in IC 6-1.1-1-11) that is:
            (A) initially placed in service by the taxpayer in an             enterprise zone created under IC 6-4-6.1 after March             1, 2003;
            (B) not relocated by the taxpayer from any other             location in Indiana after March 1, 2003; and
            (C) located within the enterprise zone on the assessment             date.

    SECTION 6. IC 6-1.1-20.8-1 IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A person is entitled to a credit against his the person's property tax liability under IC 6-1.1-2 for a particular year in the amount of his the person's property tax liability under IC 6-1.1-2 on enterprise zone inventory personal property for that year.
    (b) As used in this section, "enterprise zone inventory" means inventory, as defined in IC 6-1.1-3-11, that is located within an enterprise zone created under IC 4-4-6.1 on the assessment date.".
    Page 36, between lines 38 and 39, begin a new paragraph and insert:
    "SECTION16. IC 8-22-3.5-16 AS AMENDED BY P.L.90-2002, SECTION 335, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) This section applies only to an airport development zone that is located in a county described in section 1(5) of this chapter.
    (b) Except as described in this section, and notwithstanding any other law, a business or an employee of a business that is located in an airport development zone is entitled to the benefits of the enterprise zone inventory personal property tax credit under IC 6-1.1-20.8.
    (c) The benefits under this section are available only to:
(1) a business new to the airport development zone; or
(2) an existing business in the airport development zone that expands its operation.
    (d) To be eligible for the benefits under this section, the business must submit a proposal to the commission for approval. The commission may adopt standards and procedures for the proposal. In addition to other items the commission determines must be included, the proposal must state the percentage of permanent jobs which the business will create in the airport development zone.
    (e) A business must obtain the approval of:
(1) the city fiscal body if the business is located in a city; or
(2) the county council if the business is not located within a city;
before the business is entitled to any benefits under this section. A city or county fiscal body may approve by any method benefits under this section for either an individual business or a group of businesses. A city or county fiscal body may adopt standards and procedures to implement this subsection.
    (f) If the business receives the approval of:
(1) the commission under subsection (d); and
(2) the appropriate council under subsection (e);
then before June 1 of each year, a business described in subsection (b) must pay a fee equal to the amount of the fee that is required for enterprise zone businesses under IC 4-4-6.1-2(4)(A). If the commission determines that a business has failed to pay the fee required by this subsection, the business is not eligible for any of the benefits described in subsection (b).
    (g) A business that receives any of the benefits described in subsection (b) must use all of those benefits, except for the amount of the fee required by subsection (d), for its property or employees in the airport development zone and to assist the commission. If the commission determines that a business has failed to use its benefits in the manner required by this subsection, the business is not eligible for any of the benefits described in subsection (b).
    (h) If the commission determines that a business has failed to pay the fee required by subsection (f) or has failed to use benefits in the manner required by subsection (g), the commission shall provide written notice of the determination to the department of state revenue, the department of local government finance, and the county auditor.".


    Page 37, between lines 19 and 20, begin a new paragraph and insert:
    "SECTION 20. [EFFECTIVE UPON PASSAGE] IC 6-1.1-20.8, as amended by this act, applies to property taxes beginning with assessments made in 2004 for property taxes first due and payable after December 31, 2004.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1365 as printed February 20, 2004.)


________________________________________

Senator MRVAN


DS 136501/DI pc
2004