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Adopted Rejected


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MINORITY

COMMITTEE REPORT



MR. SPEAKER:

    A minority of your Committee on       Interstate and International Cooperation     , which met on April 7, 2009, to consider       Senate Bill 374     , 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 1 -->     Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration and to make an appropriation.
    Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 4-13-1-16.5. -->     "SECTION 1. IC 4-13-1-16.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16.5. (a) As used in this section, "covered transaction" means the award of a contract under:
        (1) IC 4-13.6-6-2.8;
        (2) IC 5-16-1-7.5;
        (3) IC 8-10-1-7.7; or
        (4) IC 8-23-9-4.6.
    (b) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following:
        (1) A person who has registered a motor vehicle in Indiana.
        (2) A person who is registered to vote in Indiana.
        (3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
        (4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
    (c) Before October 1 of 2010 and each year thereafter, the commissioner shall compile, make available for public inspection, and submit to the legislative council a report for the preceding state fiscal year stating:
        (1) for the contractors awarded contracts in covered transactions; and
        (2) for the subcontractors with which the contractor referred to in subdivision (1) enter into subcontracts in connection with contracts awarded in covered transactions;
the percentage of the employees of the contractors and subcontractors who work on the contracts and are residents of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6.

SOURCE: IC 4-13.6-6-2.8. -->     SECTION 2. IC 4-13.6-6-2.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE] : Sec. 2.8. (a) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following:
        (1) A person who has registered a motor vehicle in Indiana.
        (2) A person who is registered to vote in Indiana.
        (3) A person who has a child enrolled in an elementary or a

secondary school located in Indiana.
        (4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
    (b) When entering a bid under this chapter for a public works project, each contractor shall provide the division with information on the number of residents of Indiana who will be employed by the contractor and the number of residents of Indiana who will be employed by any subcontractor of the contractor.
    (c) The goal for a contract for a public works project is to award a contract to a contractor who:
        (1) employs residents of Indiana as at least ninety percent (90%) of the employees who work on the contract; and
        (2) enters into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract.
    (d) Before August 15 of 2010 and each year thereafter, the division shall file with the commissioner a report for the preceding year stating:
        (1) for each contractor awarded a contract under this chapter; and
        (2) for each subcontractor with which a contractor referred to in subdivision (1) enters into a contract in connection with a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor who work on the contract and are residents of Indiana.
    (e) A contract awarded under this chapter for a public works project may be terminated if the division determines that the contractor has failed to make a good faith effort to meet the goal of:
        (1) employing residents of Indiana as at least ninety percent

(90%) of the employees who work on the contract without cause; and
        (2) entering into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract without cause.
    (f) The division shall adopt rules under IC 4-22-2 to facility the achievement of the goals set by this section.
".
    Page 2, between lines 36 and 37, begin a new paragraph and insert:

SOURCE: IC 5-16-1-7.5. -->     "SECTION 4. IC 5-16-1-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following:
        (1) A person who has registered a motor vehicle in Indiana.
        (2) A person who is registered to vote in Indiana.
        (3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
        (4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
    (b) When entering into a contract under this chapter, each contractor shall provide the state or commission with information on the number of residents of Indiana who will be employed by the contractor and the number of residents of Indiana who will be employed by any subcontractor of the contractor.
    (c) The goal for a contract for a public works project under this chapter is to award a contract to a contractor who:
        (1) employs residents of Indiana as at least ninety percent (90%) of the employees who work on the contract; and
        (2) enters into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%)

of the employees who work on the subcontract.
    (d) Before August 15 of 2010 and each year thereafter, the state or a commission entering into contracts under this chapter shall file with the commissioner of the Indiana department of administration a report stating:
        (1) for each contractor awarded a contract under this chapter; and
        (2) for each subcontractor with which a contractor referred to in subdivision (1) enters into a contract in connection with a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor who work on the contract and are residents of Indiana.
    (e) A contract awarded under this chapter for a public works project may be terminated if the state or commission determines that the contractor has failed to make a good faith effort to meet the goal of:
        (1) employing residents of Indiana as at least ninety percent (90%) of the employees who work on the contract without cause; and
        (2) entering into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract without cause.
    (f) The entity awarding a public works contract shall adopt rules under IC 4-22-2 to facility achievement of the goals set by this section.
".
    Page 3, between lines 8 and 9, begin a new paragraph and insert:

SOURCE: IC 8-10-1-7.7. -->     "SECTION 6. IC 8-10-1-7.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.7. (a) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following:
        (1) A person who has registered a motor vehicle in Indiana.
        (2) A person who is registered to vote in Indiana.
        (3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
        (4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the

provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
    (b) When entering into a contract under this chapter, each contractor shall provide the commission with information on the number of residents of Indiana who will be employed by the contractor and the number of residents of Indiana who will be employed by any subcontractor of the contractor.
    (c) The goal for a contract for a public works project under this chapter is to award a contract to a contractor who:
        (1) employs residents of Indiana as at least ninety percent (90%) of the employees of the contractor who work on the contract; and
        (2) enters into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract.
    (d) Before August 15 of 2010 and each year thereafter, the commission shall file with the commissioner of the Indiana department of administration a report stating:
        (1) for each contractor awarded a contract under this chapter; and
        (2) for each subcontractor with which a contractor referred to in subdivision (1) enters into a contract in connection with a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor who work on the contract and are residents of Indiana.
    (e) A contract awarded under this chapter for a public works project may be terminated if the commission determines that the contractor has failed to make a good faith effort to meet the goal of:
        (1) employing residents of Indiana as at least ninety percent (90%) of the employees who work on the contract without cause; and
        (2) entering into subcontracts only with subcontractors who

employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract without cause.
    (f) The commission shall adopt rules under IC 4-22-2 to facilitate the achievement of the goals set by this section.

SOURCE: IC 8-23-3-13. -->     SECTION 7. IC 8-23-3-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008 (RETROACTIVE)]: Sec. 13. The department shall establish a community infrastructure assistance program. The department shall provide technical and engineering assistance and guidance to assist local units of government to qualify for economic stimulus funds, other federal funds, and other funds that are available for transportation purposes. In addition to other money that may be available for this purpose, there is appropriated to the department:
        (1) ten million dollars ($10,000,000), from Indiana's apportionment of general state assistance grants provided to the states under the federal American Recovery and Reinvestment Act of 2009 or another federal economic stimulus law enacted in 2009, beginning July 1, 2008, and ending June 1, 2010; and
        (2) ten million dollars ($10,000,000), from Indiana's apportionment of general state assistance grants provided to the states under the federal American Recovery and Reinvestment Act of 2009 or another federal economic stimulus law enacted in 2009, beginning July 1, 2010, and ending June 1, 2011.
".
SOURCE: Page 3, line 19 -->     Page 3, between lines 19 and 20, begin a new paragraph and insert:
SOURCE: IC 8-23-9-4.6. -->     "SECTION 9. IC 8-23-9-4.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.6. (a) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following:
        (1) A person who has registered a motor vehicle in Indiana.
        (2) A person who is registered to vote in Indiana.
        (3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
        (4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the

provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
    (b) When entering into a contract under this chapter, each contractor shall provide the department with information on the number of residents of Indiana who will be employed by the contractor and the number of residents of Indiana who will be employed by any subcontractor of the contractor.
    (c) The goal for a contract for a public works project under this chapter is to award a contract to a contractor who:
        (1) employs residents of Indiana as at least ninety percent (90%) of the employees of the contractor who work on the contract; and
        (2) enters into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees working on the subcontract.
    (d) Before August 15 of 2010 and each year thereafter, the department shall file with the commissioner of the Indiana department of administration a report stating:
        (1) for each contractor awarded a contract under this chapter; and
        (2) for each subcontractor with which a contractor referred to in subdivision (1) enters into a contract in connection with a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor who work on the contract and are residents of Indiana.
    (e) A contract awarded under this chapter for a public works project may be terminated if the department determines that the contractor has failed to make a good faith effort to meet the goal of:
        (1) employing residents of Indiana as at least ninety percent (90%) of the employees who work on the contract without cause; and
        (2) entering into subcontracts only with subcontractors who

employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract without cause.

SOURCE: IC 8-14-2-4.7. -->     SECTION 10. IC 8-14-2-4.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008 (RETROACTIVE)]: Sec. 4.7. (a) As used in this section "designated federal funds" refers to:
        (1) two hundred fifty million dollars ($250,000,000) for the period beginning July 1, 2008, and ending June 30, 2010; and
        (2) two hundred fifty million dollars ($250,000,000) for the period beginning July 1, 2010, and ending June 30, 2011;
from Indiana's apportionment of grants to the states under the federal American Recovery and Reinvestment Act of 2009 that are eligible to be used for engineering, land acquisition, construction, resurfacing, restoration, or rehabilitation of highway facilities.

    (b) The amount set aside under this section:
        (1) for counties shall be allocated among the counties by the formula used to allocate money to counties from the motor vehicle highway account (as defined in IC 8-14-1-1); and
        (2) for cities and towns shall be allocated among cities and towns in two (2) installments by the formula used to allocate money to cities and towns from the motor vehicle highway account (as defined in IC 8-14-1-1). The first installment shall be made as soon as practical after April 29, 2009, and the second installment shall be made as soon as practical after June 30, 2010.
    (c) A county, city, or town shall separately account for money allocated under this section. The county, city, or town may use money allocated to the county, city, or town under this section only for the purposes for which the designated federal funds may be used. The eligibility of a county, city, or town to:
        (1) use any part of fifty percent (50%) of the amount allocated to the county, city, or town that has not been obligated in conformity with law for the purposes of the designated federal funds before September 1, 2009, lapses on September 1, 2009; and
        (2) use any remaining part of the allocation to the county, city, or town that has not been obligated in conformity with law for the purposes of the designated federal funds before September

1, 2010, lapses on September 1, 2010.
Any part of an allocation that lapses under this section immediately becomes available for any other purpose for which designated federal funds may be used.
    (d) The department may adopt rules and establish guidelines to implement this section.
    (e) There is appropriated to the department five hundred million dollars ($500,000,000) from designated federal funds for the purposes of this section, beginning July 1, 2008, and ending June 30, 2011. Notwithstanding IC 4-13-2-19, the money appropriated by this section does not revert to the state general fund or to another fund at the close of any state fiscal year but remains available to the department until the purposes for which it was appropriated are fulfilled.
".

SOURCE: Page 4, line 27 -->     Page 4, after line 27, begin a new paragraph and insert:
SOURCE: IC 22-4.1-17. -->     "SECTION 13. IC 22-4.1-17 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008 (RETROACTIVE)]:
     Chapter 17. Adult Workforce Training Grant
    Sec. 1. As used in this chapter, "eligible adult student" means an individual who:
        (1) is an Indiana resident;
        (2) is unemployed or underemployed because the individual's most recent full-time employer ceased operations or otherwise reduced the employer's labor force; and
        (3) before the individual was terminated by the individual's former employer, had the individual's principal place of employment at an Indiana location.
    Sec. 2. As used in this chapter, "qualified educational program" means an educational program:
        (1) offered by an educational institution that is an accredited postsecondary educational institution or a vocational school that is not an accredited postsecondary educational institution; and
        (2) designed to be completed in at least two (2) academic years.
    Sec. 3. As used in this chapter, "qualified tuition and related expenses" has the meaning set forth in Section 25A(f) of the

Internal Revenue Code. However, the term applies only to a grantee of an award under section 4 of this chapter.
    Sec. 4. (a) Subject to the availability of funds, the department may award grants for qualified tuition and related expenses incurred by eligible adult students after the earlier of:
        (1) May 1, 2009; or
        (2) the date on which this chapter initially becomes law;
for enrollment in a qualified educational program.
    (b) Grants awarded under this chapter are subject to the following limitations:
        (1) The total of all grant amounts awarded to an eligible adult student in a calendar year may not exceed three thousand dollars ($3,000).
        (2) An eligible adult student may not receive a grant under this chapter for more than two (2) calendar years.
    (c) A grantee of an award under this chapter must enter into an agreement with the department before the department may disburse any money to or on behalf of the grantee. The agreement must include:
        (1) a requirement that the grantee will be obligated to repay grant money disbursed to or on the grantee's behalf if the grantee does not successfully complete the educational program for which the grant was made;
        (2) a requirement that the grantee will keep the department apprised of the grantee's academic progress, in the manner prescribed by the department; and
        (3) any other reasonable condition that the department considers advisable.
    Sec. 5. The department shall, if possible, make disbursements of grant money directly to a grantee's educational institution for qualified tuition and related expenses charged to the grantee. If:
        (1) it is not possible to make disbursements of grant money directly to a grantee's educational institution; or
        (2) the amount of the grant award exceeds the amount of qualified tuition and related expenses charged to the grantee by the educational institution;
the department shall disburse the balance of the grant money directly to the student. The department shall make disbursements

of money for grants under this chapter by the due date of the charges or, otherwise, promptly upon notification in accordance with the department's prescribed method of reporting.
    Sec. 6. The department shall prescribe the manner in which an individual may apply for a grant under this chapter.
    Sec. 7. The department shall prescribe procedures for notice, hearing, and appeal if the department seeks repayment of grant money under section 4(c)(1) of this chapter.
    Sec. 8. In addition to any other money that is available to the department for the purposes of this chapter, there is appropriated to the department a sufficient amount from Indiana's apportionment of grants to the states for dislocated worker employment and training activities under the federal American Recovery and Reinvestment Act of 2009 or another federal economic stimulus law enacted in 2009 to carry out this chapter, beginning July 1, 2008, and ending June 30, 2011.

SOURCE: IC 36-1-12-5.5. -->     SECTION 14. IC 36-1-12-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5.5. (a) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following:
        (1) A person who has registered a motor vehicle in Indiana.
        (2) A person who is registered to vote in Indiana.
        (3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
        (4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
    (b) When entering a bid under this chapter, each contractor shall provide the unit of local government with information on the number of residents of Indiana who will be employed by the

contractor and the number of residents of Indiana who will be employed by any subcontractor of the contractor.
    (c) The goal for a contract for a public works project under this chapter is to award a contract to a contractor who:
        (1) employs residents of Indiana as at least ninety percent (90%) of the employees of the contractor who work on the contract; and
        (2) enters into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees working on the subcontract.
    (d) A contract awarded under this chapter for a public works project may be terminated if the unit determines that the contractor has failed to make a good faith effort to meet the goal of:
        (1) employing residents of Indiana as at least ninety percent (90%) of the employees who work on the contract without cause; and
        (2) entering into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract.

SOURCE: -->     SECTION 15. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 374 as reprinted February 24, 2009.)

and when so amended that said bill do pass.

__________________________________

Representative Knollman


CR037401/DI 117    2009