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Bill Watch, Jan. 15, 2021: Current Commercial & Bankruptcy Legislation of Note - Commercial & Bankruptcy Law News

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Commercial & Bankruptcy Law News


Posted on: Jan 20, 2021

The IndyBar Legislative Committee is currently monitoring the following commercial and bankruptcy law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mwestrick@indianaenergy.org.

Click here to view the full Bill Watch reports.

HB1084    TECHNICAL CORRECTIONS (YOUNG J) Resolves technical conflicts and addresses technical errors in the Indiana Code. (The introduced version of this bill was prepared by the code revision commission.)

HB1381    COMMERCIAL WIND AND SOLAR STANDARDS AND SITING (SOLIDAY E) Establishes default standards concerning the following with respect to developments to install or locate wind power devices in local units: (1) Setback requirements. (2) Height restrictions. (3) Shadow flicker limitations. (4) Sound level limitations. (5) Project decommissioning. Provides that a permit authority for a local unit may not restrict, or impose conditions or limitations on, the construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit unless the unit first adopts a wind power regulation. Provides that a permit authority may not impose standards that: (1) concern wind power devices in the unit; and (2) are more restrictive than the default standards. Establishes procedures for the permitting or approval process for the siting of wind power devices in a local unit. Sets forth various elements of the required procedures. Establishes default standards concerning the following with respect to projects to install or locate commercial solar energy systems (CSE systems) in a unit: (1) Setback requirements. (2) Height restrictions. (3) Ground cover. (4) Fencing. (5) Cables. (6) Glare. (7) Signal interference. (8) Sound level limitations. (9) Project decommissioning. Provides that a permit authority for a local unit may not restrict, or impose conditions or limitations on, the construction, installation, siting, modification, operation, or decommissioning of CSE systems in the unit unless the unit first adopts a commercial solar regulation. Provides that a permit authority may not impose standards that: (1) concern CSE systems in the unit; and (2) are more restrictive than the default standards. Establishes procedures for the permitting or approval process for the siting of CSE systems in a local unit. Sets forth various elements of the required procedures. Makes conforming amendments to Indiana's home rule statute.

HB1416    REMOTE WORKER GRANTS AND REMOTE WORK SITES (CARBAUGH M) Establishes the remote worker grant program (program). Provides that the Indiana destination development corporation (corporation) shall administer the program, including awarding grants to a new remote worker for qualifying remote worker expenses. Requires that: (1) the corporation; and (2) the commissioner of the department of administration; shall submit reports to the legislative council.

HB1423    MICROENTERPRISES (SMALTZ B) Establishes the microenterprise fund, which shall be administered by the Indiana economic development corporation (corporation). Provides that the corporation may provide a microloan to a business that qualifies as a microenterprise. Provides that the corporation may enter into contracts necessary for the administration of the microenterprise fund. Makes an allocation.

SB28    TAX SALES (NIEMEYER R) Prohibits a person who is delinquent in the payment of personal property taxes or is subject to an existing personal property tax judgment from bidding on or purchasing a tract at a tax sale. Prohibits a business entity from bidding on or purchasing a tract at a tax sale when a person who is prohibited from bidding on or purchasing a tract at a tax sale: (1) formed the business entity; (2) joined with another person or party to form the business entity; (3) joined the business entity as a proprietor, incorporator, partner, shareholder, director, employee, or member; (4) becomes an agent, employee, or board member of the business entity; or (5) represents the business entity in a legal matter. Requires a county treasurer to pay all taxes and assessments that accrue on the tract of real estate through the time the record owner is divested of title from the tax sale surplus fund for the tract. Permits a county legislative body to adopt an ordinance prohibiting the assignment of a certificate of sale prior to the issuance of a tax title deed. Adds requirements that must be met within 150 days of the date a court grants a petition to issue a tax deed before a county auditor can issue or record a tax deed. Provides that a person who provides false information on the county treasurer's tax sale affidavit commits a Class A misdemeanor.

SB188    REVISED UNIFORM UNCLAIMED PROPERTY ACT (KOCH E) Repeals the unclaimed property act and replaces it with the revised unclaimed property act. Makes conforming amendments.

SB304    INDEMNITY AGREEMENTS IN PUBLIC WORKS CONTRACTS (MESSMER M) Provides that a statute that invalidates indemnity agreements in construction contracts relating to providing certain professional services is applicable to such contracts relating to public works projects.

SB382    ENTREPRENEUR AND ENTERPRISE DISTRICT PILOT PROGRAM (BUCHANAN B) Extends the duration of the entrepreneur and enterprise district pilot program until the later of: (1) five years after the date on which it is designated as a district; or (2) December 31, 2024. (Currently, the program is set to expire in 2022.)

SB383    VARIOUS TAX MATTERS (HOLDMAN T) Requires a corporation with gross income of more than $1,000,000 to file its corporate income tax return in an electronic format specified by the department of state revenue (department). Provides certain procedures for reporting federal partnership audit adjustments for purposes of the state adjusted gross income tax and financial institutions tax in order to conform with changes in federal law. Requires the daily pari-mutuel breakage on wagers to be paid to the department, instead of the auditor or state, for deposit in the appropriate breed development fund. Removes a requirement that utility providers report meter number changes to the department for the purpose of determining the continued validity of exemption certificates. Requires instead a utility provider to maintain records sufficient to document each one to one meter change. Allows a person to request that the department reissue an exemption certificate with a new meter number in the event of a one to one meter change. Removes duplicate provisions regarding electronic filing requirements for sales tax and withholding tax remittance. Removes certain unnecessary information currently required for employer withholding tax reporting forms. Specifies that the penalty provisions in current law for failure to make a payment by electronic funds transfer also apply to a failure to make a payment by any other electronic means. Clarifies that an individual's estimated income tax filing and payment requirements include local income taxes. Clarifies the penalty calculation for failure to make estimated tax payments, including estimated utility receipts tax and financial institutions tax payments. Provides that a taxpayer may elect to claim a tax credit against the taxpayer's Indiana adjusted gross income tax liability for the amount of tax that is imposed in a foreign country but not due from the taxpayer under the laws of that foreign country until a tax year after the tax year in which the income subject to the foreign country's tax is included in the taxpayer's Indiana adjusted gross income (provides for retroactive application to tax years beginning after December 31, 2016). Sets a floor on the periodic change in the gasoline tax and the special fuel tax rates each year of not less than the rates in the preceding year. Provides that the fee to register a trailer that is registered under the International Registration Plan (IRP) shall be prorated based on the Indiana mileage percentage of the registrant's trucks and tractors registered under the IRP. Allows the department to release the name and business address of a person that is issued a retail merchant's certificate for the purpose of reporting the status of the person's certificate. Provides that the provision in current law requiring an out-of-state merchant to collect sales tax on retail transactions made in Indiana if certain threshold conditions are met extends to the following: (1) The tobacco products tax. (2) The waste tire management fee. (3) The fireworks public safety fee. (4) The prepaid wireless service charge. Provides that the township trustee shall serve as an ex officio member of the township board for the purpose of casting the deciding vote to break a tie vote on the adoption of a township's budget and tax levies. Provides that the provision applies retroactively to a township budget and tax levy adopted on or after September 1, 2020. Makes technical corrections.

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