HB 1220-1_ Filed 01/24/2008, 11:32
Adopted 1/24/2008


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

15

                                                        NO:
5

MR. SPEAKER:
    Your Committee on       Ways and Means     , to which was referred       House Bill 1220     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 4; (08)AM122002.1. -->     Page 1, line 4, after "14." insert " Northwest Indiana".
    Page 3, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 6-2.5-15; (08)AM122002.2. -->     "SECTION 2. IC 6-2.5-15 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]:
    Chapter 15. North Central Indiana Transportation Tax Area
    Sec. 1. As used in this chapter, "board" refers to the board of trustees of the commuter transportation district.
    Sec. 2. As used in this chapter, "bonds" means bonds, notes, or other evidences of indebtedness issued by the development authority for the development of a north central Indiana rail improvement project.
    Sec. 3. As used in this chapter, "commuter transportation

district" refers to a commuter transportation district that:
        (1) is established under IC 8-5-15; and
        (2) has among its purposes the maintenance, operation, and improvement of passenger service over the Chicago, South Shore, and South Bend Railroad and any extension of that railroad.
    Sec. 4. As used in this chapter, "covered taxes" means the state gross retail and use taxes imposed under this article.
    Sec. 5. As used in this chapter, "eligible county" refers to the following:
        (1) A county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
        (2) A county having a population of more than one hundred ten thousand (110,000) but less than one hundred fifteen thousand (115,000).
    Sec. 6. As used in this chapter, "north central Indiana rail improvement project" means a commuter transportation district project for any of the following purposes:
        (1) Improving access to the South Bend airport.
        (2) Relocating tracks in Michigan City.
        (3) Signal and catenary projects contained within an eligible county.
    Sec. 7. (a) The combined territory of the eligible counties is designated as a transportation tax area that is entitled to a monthly allocation of covered taxes in the manner and amount provided by this chapter.
    (b) Before September 1, 2008, the board shall submit to the department by certified mail a complete list of the following:
        (1) Employers in the transportation tax area.
        (2) Street names and the range of street numbers of each street in the transportation tax area.
The board shall update the list before July 1 of each year that begins after December 31, 2008.
    (c) The department may adopt rules under IC 4-22-2 and guidelines to govern the allocation of covered taxes to a transportation tax area.
    Sec. 8. A transportation tax area designated under section 7 of

this chapter expires when the bonds, together with the interest on the bonds, and interest on unpaid installments of interest, and all costs and expenses in connection with an action or a proceeding by or on behalf of the holders, are fully met, paid, and discharged.
    Sec. 9. The department shall before the tenth day of each month determine the total amount of covered taxes deposited in the state general fund under IC 6-2.5-10-1(b)(2) in the previous month that were:
        (1) remitted, in the case of the state gross retail tax deposits, by a retail merchant for retail transactions occurring in an eligible county; or
        (2) paid, in the case of the use tax deposits, by a person who resides or is domiciled in an eligible county.

     Sec. 10. The amount of the monthly allocation of covered taxes that a transportation tax area is entitled to receive is equal to:
        (1) the amount determined under section 9 of this chapter; multiplied by
        (2) four and four-tenths percent (4.4%).

     Sec. 11. (a) All allocations of covered taxes under this chapter for a transportation tax area shall be made by warrants issued by the auditor of state to the treasurer of state ordering those payments to the board on or before the twentieth day of each month.
    (b) There is annually appropriated from the state general fund an amount sufficient to make the allocations required by this chapter.
    Sec. 12. The board shall deposit all allocations received under this chapter in a segregated capital improvement fund that may be used only for a north central Indiana rail improvement project.
    Sec. 13. (a) The board shall repay to the state general fund any amount that is paid to the board under section 11 of this chapter and used for a purpose other than a north central Indiana rail improvement project.
    (b) Any state gross retail and use taxes deposited into the fund under section 12 of this chapter that remain in the fund when the transportation tax area expires must be transferred to the treasurer of state for deposit in the state general fund.
    Sec. 14. This chapter expires on the earlier of:


        (1) December 31 of the calendar year in which the transportation tax area expires under section 8 of this chapter; or
        (2) December 31, 2043.
".
SOURCE: Page 6, line 4; (08)AM122002.6. -->     Page 6, after line 4, begin a new paragraph and insert:
SOURCE: ; (08)AM122002.6. -->     "SECTION 6. [EFFECTIVE JULY 1, 2008] IC 6-2.5-15, as added by this act, applies to retail transactions occurring after June 30, 2008.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1220 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Crawford


AM122002/DI 92    2008