Citations Affected:
IC 4-4-31
.
Synopsis: Taxpayer protection and development assistance. Requires
the department of commerce to: (1) adopt a standardized form that
must be completed by any person receiving at least $5,000 in
development assistance; (2) publish a report based on the forms; and
(3) provide the report at no cost to the public. Requires the department
to use existing resources and authorized but vacant staff positions to
perform its duties.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Commerce and Economic
Development.
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
single business or defined group of businesses at the time the
infrastructure is built or improved.
(7) Matching funds.
(8) Inventory tax credits under
IC 6-1.1-20.7.
Sec. 3. As used in this chapter, "granting body" means the state
or a political subdivision that provides development assistance.
Sec. 4. As used in this chapter, "recipient" means a person who,
after December 31, 2003, applied for and was awarded
development assistance in an amount not less than five thousand
dollars ($5,000) under a program or fund operated or administered
by a granting body.
Sec. 5. (a) The department shall, before January 1, 2004, adopt
a standardized information form that must be completed by a
person receiving development assistance under a program or fund
operated or administered by a granting body. The standardized
information form must be able to be optically scanned.
(b) The information form under this section must require at
least the following information:
(1) A tracking number that is specific to each granting body
and each recipient of development assistance.
(2) The name, street and mailing address, telephone number,
and executive of the granting body.
(3) The name, street and mailing address, telephone number,
and principal officers of the controlling entity of the recipient
of development assistance.
(4) The name, street and mailing address, telephone number,
four (4) digit standard industrial classification (SIC) number,
and chief officer of the recipient of development assistance at
any specific project site for which development assistance was
awarded.
(5) The number of the recipient's full-time, part-time, and
temporary employees who work at the specific project site for
which development assistance was awarded.
(6) The number of full-time, part-time, and temporary
employees who are employed in Indiana by the recipient's
controlling entity or any subsidiary of the controlling entity
on December 31 of the year preceding the date of the award
of development assistance.
(7) The type and value of the development assistance
awarded.
(8) The number of new full-time, part-time, and temporary
jobs created by the award of development assistance.
(9) The average hourly wage or salary paid to full-time,
part-time, and temporary employees described in subdivision
(6) during the first calendar year after those employees are
hired.
(10) For an award of development assistance related to a
specific project site located in a metropolitan statistical area
(as defined by the United States Department of Commerce,
Bureau of the Census), the average hourly wage paid in
Indiana to nonmanagerial employees employed in the
applicant's industry, as most recently provided by the United
States Department of Labor, Bureau of Labor Statistics. The
information required under this subdivision must be listed
according to two (2) digit standard industrial classification
(SIC) numbers or three (3) digit standard industrial
classification (SIC) numbers, if that information is available.
(11) For an award of development assistance related to a
specific project site that is not located in a metropolitan
statistical area (as defined by the United States Department of
Commerce, Bureau of the Census), the average weekly wage
paid in the county in which the project is located, as most
recently reported by the United States Department of
Commerce in the "County Business Patterns" report or a
similar report.
(12) A description of effects the recipient's use of the
development assistance may have on employment at any site
in a United States jurisdiction controlled by the recipient or
the recipient's controlling entity, including any automation,
consolidation, merger, acquisition, product line movement,
business activity movement, or restructuring by either the
recipient or the controlling entity.
(13) Individual certifications by the executives of the recipient
and the granting body as to the accuracy of the information,
under penalty of perjury.
(c) Beginning January 1, 2004, a recipient of development
assistance must complete an information form under this section
and submit the information form to the granting body from which
the development assistance was awarded. The granting body shall
forward a copy of each completed information form to the
department.
(d) The department shall, before September 30 of each year,
update the information form required by this section.
Sec. 6. (a) The department shall, before November 1 of each
year, publish a report compiling and summarizing the information
provided to the department under section 5 of this chapter.
(b) The report required by this section must include at least the
following information:
(1) The amount of development assistance provided by all
granting bodies.
(2) The amount of development assistance provided in various
regions of the state.
(3) The distribution of development assistance by the amount
of development assistance.
(4) The distribution of development assistance by type and by
public purpose.
(c) The department shall make the following available in both
print and electronic form at no cost to the public:
(1) The report published under this section.
(2) All information provided to the department under this
chapter by a granting body or by a person receiving
development assistance.
The report must achieve a minimum score of forty (40) on the
Flesch reading ease test or an equivalent score on a comparable
test approved by the director of the department. The report and
information shall be made available at a centralized physical
location as determined by the department and on the department's
public information page on its world wide web Internet site
established under
IC 4-4-3-22.
Sec. 7. (a) A local government granting body that provides
development assistance must, before September 1, file with the
department a report listing the persons receiving development
assistance who failed to provide the information required by
section 5 of this chapter.
(b) If a local government granting body does not provide the
department with the information required by this section before
September 1, the department shall provide the local government
granting body with notice that the information must be filed. If the
local government granting body does not provide the department
with the required information within fourteen (14) days after the
notice is provided, the department:
(1) shall suspend any current development assistance
activities under its control in the granting body's jurisdiction;
and
(2) may not complete any current development assistance or
provide any additional development assistance in the granting
body's jurisdiction;
until the granting body provides the information required by
section 5 of this chapter.
(c) The department shall provide information and assistance to
local government granting bodies concerning the granting bodies'
reporting requirements under this section.
Sec. 8. If a granting body or the department of commerce does
not enforce or carry out the requirements of this chapter, a person
who paid state income taxes or paid property taxes to a taxing unit
in the preceding year or any organization representing such a
person is entitled to bring a civil action to compel enforcement of
this chapter. In an action under this section, a court shall award
reasonable attorney's fees and actual incurred costs in pursuing the
action to a prevailing plaintiff or organization.
Sec. 9. The department shall use:
(1) existing staff and resources; and
(2) authorized but vacant staff positions;
to perform the duties of the department under this chapter.