YES:
MR. SPEAKER:
Your Committee on Commerce, Small Business and Economic Development , to
which was referred House Bill 1007 , 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:
not an affiliate of the person, if the tangible personal
property has been previously used in Indiana before the
person acquires the tangible personal property; or
(ii) in any manner, if the tangible personal property has
never been previously used in Indiana before the person
acquires the tangible personal property; and
(B) has never used for any purpose in Indiana before the
person acquires the tangible personal property.
(4) "Ordinance" refers to an ordinance adopted under this
section.
(b) After conducting a public hearing on the proposed
ordinance, a fiscal body may adopt an ordinance to exempt new
personal property located in the county from property taxation.
The ordinance must specify the duration of the exemption. A fiscal
body may amend an ordinance in the manner provided for
adopting an ordinance.
(c) An ordinance adopted under subsection (b) may provide for
the uniform exemption of all new personal property located in the
county from property taxation. Instead of exempting all new
personal property located in the county, the ordinance may limit
the exemption to:
(1) one (1) or more classes of property described in the
ordinance;
(2) improvements made or property initially installed or
placed in service in the county after a date specified in the
ordinance; or
(3) both subdivisions (1) and (2).
A fiscal body may use any reasonable system of classification to
identify the property that is eligible for exemption under this
section.
(d) After a public hearing on the proposed ordinance, a fiscal
body may rescind an ordinance adopted under subsection (b).
(e) Before adopting an ordinance under this section, a fiscal
body shall conduct a public hearing on the proposed ordinance.
The fiscal body shall:
(1) publish notice of the public hearing in accordance with
IC 5-3-1; and
(2) not later than ten (10) days before the public hearing, file
the notice with each taxing unit in the county.
(f) An ordinance adopted under this section does not apply to an
assessment date occurring in the same year in which the ordinance
is adopted.
(g) The fiscal body shall provide a certified copy of an adopted
ordinance to the department of local government finance and the
county auditor.
(h) A taxpayer is not required to file an application to qualify
for an exemption permitted under this section.
(i) The department of local government finance shall
incorporate an exemption established under this section in the
personal property return form to be used each year for filing under
this article to permit the taxpayer to enter the exemption on the
form. If a taxpayer fails to enter the exemption on the form, the
township assessor, the county assessor if there is no township
assessor for the township, or the department of local government
finance, if the department of local government finance assesses the
personal property, shall:
(1) determine the amount of the exemption; and
(2) within the period established in IC 6-1.1-16-1, issue a
notice of assessment to the taxpayer that reflects the
application of the exemption to the personal property.
(j) An exemption established under this section must be applied
to any personal property assessment made by:
(1) an assessing official;
(2) a county property tax board of appeals; or
(3) the department of local government finance.".
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the qualified unit.
(2) The applicant's project is economically sound and will
benefit the people of the qualified unit by increasing
opportunities for employment in the qualified unit and
strengthening the economy of Indiana.
(3) Receiving the hiring incentive is a major factor in the
applicant's decision to go forward with the project and not
receiving the hiring incentive will result in the applicant not
creating new jobs in the qualified unit.
(4) The hiring incentive is not prohibited by section 12 of this
chapter.
Sec. 12. A person is not entitled to claim a hiring incentive
provided by this chapter for any jobs that the person relocates
from one (1) site in Indiana to another site in Indiana.
Determinations under this section shall be made by the qualified
unit providing the hiring incentive.
Sec. 13. (a) Subject to subsection (c), the qualified unit shall
determine the amount and duration of a hiring incentive awarded
under this chapter. The duration of the hiring incentive may not
exceed ten (10) calendar years.
(b) The hiring incentive may be stated as a percentage of the
aggregate annual local option income taxes withheld and remitted
on behalf of the qualified employees employed by the taxpayer and
may include a fixed dollar limitation.
(c) The amount of a hiring incentive paid to a taxpayer in a
particular calendar year may not exceed the aggregate amount of
local option income taxes withheld and remitted during that
calendar year on behalf of the taxpayer's qualified employees.
(d) A hiring incentive may be paid to a taxpayer in installments
as set forth in the hiring incentive agreement.
Sec. 14. A qualified unit shall enter into an agreement with an
applicant that is awarded a credit under this chapter. The
agreement must include all of the following:
(1) A detailed description of the project that is the subject of
the agreement.
(2) The duration of the hiring incentive and the first calendar
year for which the hiring incentive may be claimed.
(3) The hiring incentive amount that will be allowed for each
calendar year.
(4) A requirement that the taxpayer shall maintain operations
at the project location for at least two (2) years following the
last calendar year in which the applicant claims the hiring
incentive.
(5) A statement that a taxpayer is subject to an assessment
under section 16 of this chapter for noncompliance with the
agreement.
(6) A specific method for determining the number of new
employees employed during a calendar year who are
performing jobs not previously performed by an employee.
(7) A requirement that the taxpayer shall annually report to
the qualified unit, subject to the protections under
IC 5-14-3-4(a)(5) and IC 5-14-3-4(a)(6):
(A) the number of new employees who are performing jobs
not previously performed by an employee;
(B) the new income tax revenue withheld in connection
with the new employees; and
(C) any other information the qualified unit needs to
perform the qualified unit's duties under this chapter.
(8) A requirement that the qualified unit is authorized to
verify with the appropriate state agencies, including the
IEDC, the amounts reported under subdivision (7), and after
doing so shall issue a certificate to the taxpayer stating that
the amounts have been verified.
(9) Any other performance conditions that the qualified unit
determines are appropriate.
Sec. 15. A qualified unit shall pay hiring incentives provided
under this chapter from revenues received by the qualified unit
under:
(1) IC 6-3.5-1.1-15;
(2) IC 6-3.5-6-19;
(3) IC 6-3.5-7-13.1; or
(4) any combination of the sources listed in subdivisions (1)
through (3).
Sec. 16. If the qualified unit determines that a taxpayer who has
claimed a hiring incentive under this chapter is not entitled to the
hiring incentive because of the taxpayer's noncompliance with the
requirements of the hiring incentive agreement or all of the
provisions of this chapter, the qualified unit shall, after giving the
taxpayer an opportunity to explain the noncompliance, pursue
existing remedies under law for an amount that may not exceed the
sum of any previously allowed hiring incentives under this chapter,
together with interest and penalties required or permitted by law.
Sec. 17. (a) The qualified unit shall submit an annual report to
the IEDC before July 1. The report must be in an electronic format
prescribed by the IEDC and must contain the following
information concerning a program established under this chapter:
(1) The number of taxpayers receiving hiring incentives in
that particular year.
(2) The location of each business receiving hiring incentives as
of the date of the report.
(3) A summary of the local incentives provided under this
chapter to each taxpayer receiving hiring incentives as of the
date of the report.
(4) The number of jobs created and the average salary paid by
taxpayers receiving hiring incentives as of the date of the
report.
(b) The IEDC shall compile an annual report based on the
information received under subsection (a). The IEDC shall submit
the annual report to the legislative council before November 1. The
report must be in an electronic format under IC 5-14-6 and must
contain the information specified in subsection (a)(1) through
(a)(4), aggregated or otherwise protected as necessary to maintain
the confidentiality of any confidential information submitted upon
and when so amended that said bill do pass.