HB 1398-1_ Filed 02/17/2009, 16:01
Adopted 2/17/2009


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

11

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Agriculture and Rural Development     , to which was referred       House Bill 1398     , 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 2, line 24; (09)AM139801.2. -->     Page 2, delete lines 24 through 42, begin a new paragraph and insert:
SOURCE: IC 6-2.5-7-1; (09)AM139801.2. -->     "SECTION 2. IC 6-2.5-7-1, AS AMENDED BY P.L.1-2007, SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The definitions in this section apply throughout this chapter.
    (b) "Kerosene" has the same meaning as the definition contained in IC 16-44-2-2.
    (c) "Gasoline" has the same meaning as the definition contained in IC 6-6-1.1-103.
    (d) "Special fuel" has the same meaning as the definition contained in IC 6-6-2.5-22.
    (e) "E85" has the meaning set forth in IC 6-6-1.1-103.
    (f) "Unit" means the unit of measure, such as a gallon or a liter, by

which gasoline or special fuel is sold.
    (g) "Metered pump" means a stationary pump which is capable of metering the amount of gasoline or special fuel dispensed from it and which is capable of simultaneously calculating and displaying the price of the gasoline or special fuel dispensed.
    (h) "Indiana gasoline tax" means the tax imposed under IC 6-6-1.1.
    (i) "Indiana special fuel tax" means the tax imposed under IC 6-6-2.5.
    (j) "Federal gasoline tax" means the excise tax imposed under Section 4081 of the Internal Revenue Code.
    (k) "Federal special fuel tax" means the excise tax imposed under Section 4041 of the Internal Revenue Code.
    (l) "Price per unit before the addition of state and federal taxes" means an amount which equals the remainder of:
        (1) the total price per unit; minus
        (2) the state gross retail, Indiana gasoline or special fuel, and federal gasoline or special fuel taxes which are part of the total price per unit.
    (m) "Total price per unit" means the price per unit at which gasoline or special fuel is actually sold, including the state gross retail, Indiana gasoline or special fuel, and federal gasoline or special fuel taxes which are part of the sales price.
    (n) "Distributor" means a person who is the first purchaser of gasoline from a refiner, a terminal operator, or supplier, regardless of the location of the purchase.
    (o) "Prepayment rate" means a rate per gallon of gasoline determined by the department under section 14 of this chapter for use in calculating prepayment amounts of gross retail tax under section 9 of this chapter.
    (p) "Purchase or shipment" means a sale or delivery of gasoline, but does not include:
        (1) an exchange transaction between refiners, terminal operators, or a refiner and terminal operator; or
        (2) a delivery by pipeline, ship, or barge to a refiner or terminal operator.
    (q) "Qualified distributor" means a distributor who:
        (1) is a licensed distributor under IC 6-6-1.1; and
        (2) holds an unrevoked permit issued under section 7 of this

chapter.
    (r) "Refiner" means a person who manufactures or produces gasoline by any process involving substantially more than the blending of gasoline.
    (s) "Terminal operator" means a person that:
        (1) stores gasoline in tanks and equipment used in receiving and storing gasoline from interstate or intrastate pipelines pending wholesale bulk reshipment; or
        (2) stores gasoline at a boat terminal transfer that is a dock or tank, or equipment contiguous to a dock or tank, including equipment used in the unloading of gasoline from a ship or barge and used in transferring the gasoline to a tank pending wholesale bulk reshipment.
     (t) "Ethanol blended fuel" refers to any blend of gasoline and ethanol nominally consisting of more than ten percent (10%) but less than eighty-five percent (85%) ethanol.".
    Delete page 3.

SOURCE: Page 4, line 1; (09)AM139801.4. -->     Page 4, delete lines 1 through 7.
    Page 4, line 29, reset in roman "total".
    Page 4, line 29, delete "sum of the".
    Page 4, line 29, delete "E20, E30, and".
    Page 5, line 11, after "for" insert " qualified".
    Page 5, line 13, delete "ten" and insert " twelve".
    Page 5, line 13, delete "($0.10)" and insert " ($0.12)".
    Page 5, line 14, delete "sum of the".
    Page 5, line 14, delete "E20, E30, and".
    Page 5, line 22, strike "one million dollars ($1,000,000)" and insert " the amount of money that the budget agency determines is available in the retail merchant E85 deduction reimbursement fund established under IC 15-15-12-30.5 for the deductions".
    Page 5, line 23, strike "all" and insert " a particular qualified".
    Page 5, line 23, strike "periods." and insert " period.".
    Page 5, line 25, strike "If the department determines that the sum of:".
    Page 5, strike lines 26 through 29.
    Page 5, line 30, strike "will exceed one million dollars ($1,000,000)," and insert " Before August 1 of each year, the budget agency shall estimate whether the deductions expected to be

reported under subsection (c) STEP TWO for the qualified reporting periods beginning after December 31 and ending before April 1 of the following year would exceed the amount of money available in the retail merchant E85 deduction reimbursement fund for the deductions. If the budget agency determines that the amount of money in the retail merchant E85 deduction reimbursement fund is insufficient to cover the amount of the deductions expected to be reported,".
    Page 5, line 30, strike "department" and insert " budget agency".
    Page 5, line 32, strike "terminated after the date specified" and insert " suspended with respect to the qualified reporting periods occurring in the following calendar year".
    Page 5, line 33, strike "in the notice".
    Page 5, line 33, strike "additional".
    Page 5, line 34, strike "after the date specified in the notice." and insert " in the qualified reporting periods occurring in the following calendar year.".
    Page 5, delete lines 35 through 42, begin a new paragraph and insert:
    " (e) As used in this section, "qualified reporting period" refers to a reporting period beginning after December 31 and ending before April 1 of each year.

SOURCE: IC 6-3.1-27-12; (09)AM139801.4. -->     SECTION 4. IC 6-3.1-27-12, AS AMENDED BY P.L.191-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. (a) If the amount of the credit determined under this chapter for a taxpayer in a taxable year exceeds the taxpayer's state tax liability for that taxable year, the taxpayer may carry over the excess to the following taxable years. The amount of the credit carryover from a taxable year shall be reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this chapter for any subsequent taxable year. A credit may not be carried forward for more than six (6) ten (10) taxable years following the taxable year in which the taxpayer was first entitled to claim the credit.
    (b) A taxpayer is not entitled to a carryback or refund of any unused credit. A taxpayer may not sell, assign, convey, or otherwise transfer the tax credit provided by this chapter.".
SOURCE: Page 6, line 1; (09)AM139801.6. -->     Page 6, delete lines 1 through 15.
    Page 6, delete lines 22 through 42, begin a new paragraph and

insert:

SOURCE: IC 15-15-12-30; (09)AM139801.6. -->     "SECTION 6. IC 15-15-12-30, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 30. (a) The Indiana corn market development account is established within the state general fund for purposes of market development and reimbursing the state for the E85 retail merchant deduction allowed under IC 6-2.5-7-5(d). The account shall be administered by the council. The account consists of:
        (1) assessments the council receives under this chapter;
        (2) gifts; and
        (3) grants.
    (b) The expenses of administering this chapter must be paid from money in the account. If the balance of the account is not more than five hundred thousand dollars ($500,000) in a fiscal year, the council may expend not more than twenty-five percent (25%) of the balance for administrative expenses. If the account has a balance of more than five hundred thousand dollars ($500,000) in a fiscal year, the council may spend an additional amount of not more than ten percent (10%) of the balance over five hundred thousand dollars ($500,000) for administrative expenses.
    (c) On July 1 of each year the budget agency shall transfer from the account an amount equal to the lesser of:
        (1) twenty-five percent (25%) of the balance of the account on the immediately preceding June 30, before the deduction of any expenses under subsection (b). or
        (2) the sum of all retail merchant deductions allowed under IC 6-2.5-7-5(d) and IC 6-2.5-7-5.5, in the immediately preceding state fiscal year. The amount transferred under this subsection (c) shall be deposited in the same manner as state gross retail and use taxes are required to be deposited under IC 6-2.5-10-1. five hundred thousand dollars ($500,000) to the retail merchant E85 deduction reimbursement fund established under section 30.5 of this chapter.
    (d) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account.
    (e) Money in the account at the end of a state fiscal year does not

revert to the state general fund.

SOURCE: IC 15-15-12-30.5; (09)AM139801.7. -->     SECTION 7. IC 15-15-12-30.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 30.5. (a) The retail merchant E85 deduction reimbursement fund is established.
    (b) The fund consists of money transferred from the Indiana corn market development account under section 30 of this chapter.
Except as provided in subsection (g), money in the fund may only be used for the purposes described in subsection (d).
     (c) Before May 1, the budget agency shall determine the sum of all retail merchant deductions allowed under IC 6-2.5-7-5(d) in the immediately preceding qualified reporting period (as defined in IC 6-2.5-7-5(e)).
     (d) The budget agency shall transfer the amount determined under subsection (c) from the fund for deposit. The amount transferred under this subsection shall be deposited in the same manner as state gross retail and use taxes are required to be deposited under IC 6-2.5-10-1.
     (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
     (f) If the amount of money in the fund is insufficient to reimburse the state for all retail merchant deductions allowed under IC 6-2.5-7-5(d) in the immediately preceding qualified reporting period (as defined in IC 6-2.5-7-5(e)), the budget agency shall transfer from the Indiana corn market development account established under section 30 of this chapter an amount sufficient to cure the insufficiency. Money in the state general fund may not be expended for the purposes described in this section.
    (g) If the retail merchant E85 deduction program is terminated, any balance in the fund must be transferred to the Indiana corn market development account established under section 30 of this chapter.
".
    Delete pages 7 through 10.
SOURCE: Page 11, line 1; (09)AM139801.11. -->     Page 11, delete lines 1 through 16.
    Page 11, delete lines 25 through 29, begin a new paragraph and insert:
    " (d) As used in this section, "ethanol blended fuel" refers to any blend of gasoline and ethanol nominally consisting of more than ten percent (10%) but less than eighty-five percent (85%) ethanol.".
    Page 11, line 37, delete "gasohol" and insert " ethanol blended fuel".
    Page 12, line 8, delete "gasohol" and insert " ethanol blended fuel".
    Page 12, delete lines 14 through 30, begin a new paragraph and insert:
SOURCE: IC 6-2.5-7-5.5; (09)AM139801.9. -->     "SECTION 9. IC 6-2.5-7-5.5 IS REPEALED [EFFECTIVE JULY 1, 2009].".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1398 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Pflum


AM139801/DI 77    2009