Indiana 2023 Regular Session

Indiana Senate Bill SB0037 Compare Versions

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1-*SB0037.2*
2-Reprinted
3-January 24, 2023
1+*SB0037.1*
2+January 18, 2023
43 SENATE BILL No. 37
54 _____
6-DIGEST OF SB 37 (Updated January 23, 2023 2:49 pm - DI 120)
5+DIGEST OF SB 37 (Updated January 17, 2023 11:29 am - DI 129)
76 Citations Affected: IC 6-1.1; IC 6-9.
87 Synopsis: Food and beverage taxes. Requires each local unit that
98 imposes a food and beverage tax to annually report information
109 concerning distributions and expenditures of amounts received from
1110 the food and beverage tax. Provides that food and beverage taxes
1211 currently authorized under IC 6-9 and that do not otherwise contain an
1312 expiration date (other than the stadium and convention building
1413 authority food and beverage tax and the historic hotels food and
1514 beverage tax) shall expire on the later of: (1) January 1, 2045; or (2) the
1615 date on which all bonds or lease agreements outstanding on May 7,
1716 2023, are completely paid. Requires each local unit that imposes a food
1817 and beverage tax that is subject to the expiration provision to provide
1918 to the department of local government finance (department) a list of
2019 each bond or lease agreement outstanding on May 7, 2023, and the date
2120 on which each will be completely paid. Requires the department to
2221 publish the information on the gateway website. Declares the intention
2322 of the general assembly to only authorize local units to impose new
2423 food and beverage taxes based on specified criteria.
2524 Effective: Upon passage.
2625 Gaskill, Holdman
2726 January 9, 2023, read first time and referred to Committee on Tax and Fiscal Policy.
2827 January 17, 2023, amended, reported favorably — Do Pass.
29-January 23, 2023, read second time, amended, ordered engrossed.
30-SB 37—LS 6363/DI 129 Reprinted
31-January 24, 2023
28+SB 37—LS 6363/DI 129 January 18, 2023
3229 First Regular Session of the 123rd General Assembly (2023)
3330 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3431 Constitution) is being amended, the text of the existing provision will appear in this style type,
3532 additions will appear in this style type, and deletions will appear in this style type.
3633 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3734 provision adopted), the text of the new provision will appear in this style type. Also, the
3835 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3936 a new provision to the Indiana Code or the Indiana Constitution.
4037 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4138 between statutes enacted by the 2022 Regular Session of the General Assembly.
4239 SENATE BILL No. 37
4340 A BILL FOR AN ACT to amend the Indiana Code concerning
4441 taxation.
4542 Be it enacted by the General Assembly of the State of Indiana:
4643 1 SECTION 1. IC 6-1.1-30-18 IS ADDED TO THE INDIANA CODE
4744 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
4845 3 UPON PASSAGE]: Sec. 18. (a) Before March 1, 2024, and before
4946 4 March 1 of every year thereafter, each local unit that imposes a
5047 5 food and beverage tax under IC 6-9 shall provide a report to the
5148 6 department of local government finance that includes:
5249 7 (1) every expenditure of funds by the local unit;
5350 8 (2) each local governmental entity, or instrumentality of a
5451 9 local governmental entity, that received a distribution; and
5552 10 (3) every expenditure of funds by each local governmental
5653 11 entity described in subdivision (2);
5754 12 from amounts received from the food and beverage tax imposed by
5855 13 the local unit during the previous calendar year.
5956 14 (b) The report required under subsection (a) must include for
6057 15 each expenditure, distribution, or payment:
6158 16 (1) the date and amount of the check, expenditure,
6259 17 distribution, or payment;
6360 SB 37—LS 6363/DI 129 2
6461 1 (2) the payee or recipient;
6562 2 (3) the specific purpose, including whether the check,
6663 3 expenditure, distribution, or payment was for an employee
6764 4 salary or a capital project; and
6865 5 (4) if applicable, a description of the project for which the
6966 6 check, expenditure, distribution, or payment was made.
7067 7 (c) The report required under subsection (a) must be in a format
7168 8 and on a form prescribed by the department of local government
7269 9 finance.
7370 10 (d) The department of local government finance shall post a
7471 11 report received under subsection (a) on the department's computer
7572 12 gateway.
76-13 (e) The requirements under subsection (a) do not apply to taxes
77-14 collected under:
78-15 (1) IC 6-9-12 that are distributed to the capital improvement
79-16 board of managers created by IC 36-10-9-3;
80-17 (2) IC 6-9-35 that are distributed to the capital improvement
81-18 board of managers created by IC 36-10-9-3; and
82-19 (3) IC 6-9-33 that are distributed to the capital improvement
83-20 board of managers created by IC 36-10-8.
84-21 SECTION 2. IC 6-9-20-12 IS ADDED TO THE INDIANA CODE
73+13 SECTION 2. IC 6-9-20-12 IS ADDED TO THE INDIANA CODE
74+14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
75+15 UPON PASSAGE]: Sec. 12. (a) The tax authorized under this
76+16 chapter expires on the later of:
77+17 (1) January 1, 2045; or
78+18 (2) the date on which all bonds or lease agreements
79+19 outstanding on May 7, 2023, for which a pledge of tax revenue
80+20 is made under this chapter are completely paid.
81+21 (b) Not later than December 31, 2023, the fiscal officer of the
82+22 county shall provide to the department of local government
83+23 finance:
84+24 (1) a list of each bond or lease agreement outstanding on May
85+25 7, 2023, for which a pledge of tax revenue is made under this
86+26 chapter; and
87+27 (2) the date on which each bond or lease agreement identified
88+28 in subdivision (1) will be completely paid.
89+29 The department of local government finance shall publish the
90+30 information received under this subsection on the department's
91+31 interactive and searchable website containing local government
92+32 information (the Indiana gateway for governmental units).
93+33 SECTION 3. IC 6-9-21-10 IS ADDED TO THE INDIANA CODE
94+34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
95+35 UPON PASSAGE]: Sec. 10. (a) The tax authorized under this
96+36 chapter expires on the later of:
97+37 (1) January 1, 2045; or
98+38 (2) the date on which all bonds or lease agreements
99+39 outstanding on May 7, 2023, for which a pledge of tax revenue
100+40 is made under this chapter are completely paid.
101+41 (b) Not later than December 31, 2023, the fiscal officer of the
102+42 county shall provide to the department of local government
103+SB 37—LS 6363/DI 129 3
104+1 finance:
105+2 (1) a list of each bond or lease agreement outstanding on May
106+3 7, 2023, for which a pledge of tax revenue is made under this
107+4 chapter; and
108+5 (2) the date on which each bond or lease agreement identified
109+6 in subdivision (1) will be completely paid.
110+7 The department of local government finance shall publish the
111+8 information received under this subsection on the department's
112+9 interactive and searchable website containing local government
113+10 information (the Indiana gateway for governmental units).
114+11 SECTION 4. IC 6-9-24-10 IS ADDED TO THE INDIANA CODE
115+12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
116+13 UPON PASSAGE]: Sec. 10. (a) The tax authorized under this
117+14 chapter expires on the later of:
118+15 (1) January 1, 2045; or
119+16 (2) the date on which all bonds or lease agreements
120+17 outstanding on May 7, 2023, for which a pledge of tax revenue
121+18 is made under this chapter are completely paid.
122+19 (b) Not later than December 31, 2023, the fiscal officer of the
123+20 municipality shall provide to the department of local government
124+21 finance:
125+22 (1) a list of each bond or lease agreement outstanding on May
126+23 7, 2023, for which a pledge of tax revenue is made under this
127+24 chapter; and
128+25 (2) the date on which each bond or lease agreement identified
129+26 in subdivision (1) will be completely paid.
130+27 The department of local government finance shall publish the
131+28 information received under this subsection on the department's
132+29 interactive and searchable website containing local government
133+30 information (the Indiana gateway for governmental units).
134+31 SECTION 5. IC 6-9-25-16 IS ADDED TO THE INDIANA CODE
135+32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
136+33 UPON PASSAGE]: Sec. 16. (a) Subject to section 3(d) of this
137+34 chapter, the tax authorized under this chapter expires on the later
138+35 of:
139+36 (1) January 1, 2045; or
140+37 (2) the date on which all bonds or lease agreements
141+38 outstanding on May 7, 2023, for which a pledge of tax revenue
142+39 is made under this chapter are completely paid.
143+40 (b) Not later than December 31, 2023, the fiscal officer of the
144+41 county shall provide to the department of local government
145+42 finance:
146+SB 37—LS 6363/DI 129 4
147+1 (1) a list of each bond or lease agreement outstanding on May
148+2 7, 2023, for which a pledge of tax revenue is made under this
149+3 chapter; and
150+4 (2) the date on which each bond or lease agreement identified
151+5 in subdivision (1) will be completely paid.
152+6 The department of local government finance shall publish the
153+7 information received under this subsection on the department's
154+8 interactive and searchable website containing local government
155+9 information (the Indiana gateway for governmental units).
156+10 SECTION 6. IC 6-9-26-17 IS ADDED TO THE INDIANA CODE
157+11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
158+12 UPON PASSAGE]: Sec. 17. (a) The tax authorized under this
159+13 chapter expires on the later of:
160+14 (1) January 1, 2045; or
161+15 (2) the date on which all bonds or lease agreements
162+16 outstanding on May 7, 2023, for which a pledge of tax revenue
163+17 is made under this chapter are completely paid.
164+18 (b) Not later than December 31, 2023, the fiscal officer of the
165+19 county shall provide to the department of local government
166+20 finance:
167+21 (1) a list of each bond or lease agreement outstanding on May
168+22 7, 2023, for which a pledge of tax revenue is made under this
169+23 chapter; and
170+24 (2) the date on which each bond or lease agreement identified
171+25 in subdivision (1) will be completely paid.
172+26 The department of local government finance shall publish the
173+27 information received under this subsection on the department's
174+28 interactive and searchable website containing local government
175+29 information (the Indiana gateway for governmental units).
176+30 SECTION 7. IC 6-9-27-11 IS ADDED TO THE INDIANA CODE
177+31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
178+32 UPON PASSAGE]: Sec. 11. (a) A tax authorized under this chapter
179+33 expires on the later of:
180+34 (1) January 1, 2045; or
181+35 (2) the date on which all bonds or lease agreements
182+36 outstanding on May 7, 2023, for which a pledge of tax revenue
183+37 is made under this chapter are completely paid.
184+38 (b) Not later than December 31, 2023, the fiscal officer of the
185+39 municipality shall provide to the department of local government
186+40 finance:
187+41 (1) a list of each bond or lease agreement outstanding on May
188+42 7, 2023, for which a pledge of tax revenue is made under this
189+SB 37—LS 6363/DI 129 5
190+1 chapter; and
191+2 (2) the date on which each bond or lease agreement identified
192+3 in subdivision (1) will be completely paid.
193+4 The department of local government finance shall publish the
194+5 information received under this subsection on the department's
195+6 interactive and searchable website containing local government
196+7 information (the Indiana gateway for governmental units).
197+8 SECTION 8. IC 6-9-29.5-0.5 IS ADDED TO THE INDIANA
198+9 CODE AS A NEW SECTION TO READ AS FOLLOWS
199+10 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) As used in this section,
200+11 "local unit" means a county, city, or town.
201+12 (b) It is the declared intention of the general assembly to only
202+13 authorize a local unit to impose a new food and beverage tax under
203+14 this article based on the following criteria:
204+15 (1) Food and beverage tax revenue should only be used for
205+16 tourism or quality of life purposes, including but not limited
206+17 to:
207+18 (A) mixed use development projects;
208+19 (B) quality public spaces;
209+20 (C) broadband;
210+21 (D) multiple transportation options;
211+22 (E) multiple housing options;
212+23 (F) revitalization of historic, blighted, or vacant properties;
213+24 (G) arts, culture, and creativity; and
214+25 (H) recreation and green spaces.
215+26 (2) The fiscal body of a local unit wishing to impose a new
216+27 food and beverage tax after June 30, 2023, must first adopt a
217+28 resolution requesting the general assembly to enact legislation
218+29 to authorize the food and beverage tax.
219+30 (3) The general assembly should give preference to requests
220+31 from local units in which the fiscal body of the local unit has
221+32 held a series of public hearings on the imposition of a new
222+33 food and beverage tax in the community before adopting the
223+34 resolution to request the general assembly to enact legislation
224+35 authorizing the tax under subdivision (2).
225+36 (4) Any new food and beverage tax authorized under this
226+37 article must expire on January 1 of the year following the
227+38 twentieth calendar year in which the food and beverage tax is
228+39 imposed during any part of the year.
229+40 (5) A local unit that imposes a new food and beverage tax
230+41 shall be subject to the reporting requirements set forth in
231+42 IC 6-1.1-30-18.
232+SB 37—LS 6363/DI 129 6
233+1 SECTION 9. IC 6-9-36-9 IS ADDED TO THE INDIANA CODE
234+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
235+3 UPON PASSAGE]: Sec. 9. (a) A tax authorized under this chapter
236+4 expires on the later of:
237+5 (1) January 1, 2045; or
238+6 (2) the date on which all bonds or lease agreements
239+7 outstanding on May 7, 2023, for which a pledge of tax revenue
240+8 is made under this chapter are completely paid.
241+9 (b) Not later than December 31, 2023, each fiscal officer of a
242+10 county that imposes a food and beverage tax under this chapter
243+11 shall provide to the department of local government finance:
244+12 (1) a list of each bond or lease agreement outstanding on May
245+13 7, 2023, for which a pledge of tax revenue is made under this
246+14 chapter; and
247+15 (2) the date on which each bond or lease agreement identified
248+16 in subdivision (1) will be completely paid.
249+17 The department of local government finance shall publish the
250+18 information received under this subsection on the department's
251+19 interactive and searchable website containing local government
252+20 information (the Indiana gateway for governmental units).
253+21 SECTION 10. IC 6-9-38-27 IS ADDED TO THE INDIANA CODE
85254 22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
86-23 UPON PASSAGE]: Sec. 12. (a) The tax authorized under this
87-24 chapter expires on the later of:
255+23 UPON PASSAGE]: Sec. 27. (a) Subject to section 26 of this chapter,
256+24 a tax authorized under this chapter expires on the later of:
88257 25 (1) January 1, 2045; or
89258 26 (2) the date on which all bonds or lease agreements
90259 27 outstanding on May 7, 2023, for which a pledge of tax revenue
91260 28 is made under this chapter are completely paid.
92261 29 (b) Not later than December 31, 2023, the fiscal officer of the
93-30 county shall provide to the department of local government
94-31 finance:
95-32 (1) a list of each bond or lease agreement outstanding on May
96-33 7, 2023, for which a pledge of tax revenue is made under this
97-34 chapter; and
98-35 (2) the date on which each bond or lease agreement identified
99-36 in subdivision (1) will be completely paid.
100-37 The department of local government finance shall publish the
101-38 information received under this subsection on the department's
102-39 interactive and searchable website containing local government
103-40 information (the Indiana gateway for governmental units).
104-41 SECTION 3. IC 6-9-21-10 IS ADDED TO THE INDIANA CODE
105-42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
106-SB 37—LS 6363/DI 129 3
107-1 UPON PASSAGE]: Sec. 10. (a) The tax authorized under this
108-2 chapter expires on the later of:
109-3 (1) January 1, 2045; or
110-4 (2) the date on which all bonds or lease agreements
111-5 outstanding on May 7, 2023, for which a pledge of tax revenue
112-6 is made under this chapter are completely paid.
113-7 (b) Not later than December 31, 2023, the fiscal officer of the
114-8 county shall provide to the department of local government
115-9 finance:
116-10 (1) a list of each bond or lease agreement outstanding on May
117-11 7, 2023, for which a pledge of tax revenue is made under this
118-12 chapter; and
119-13 (2) the date on which each bond or lease agreement identified
120-14 in subdivision (1) will be completely paid.
121-15 The department of local government finance shall publish the
122-16 information received under this subsection on the department's
123-17 interactive and searchable website containing local government
124-18 information (the Indiana gateway for governmental units).
125-19 SECTION 4. IC 6-9-24-10 IS ADDED TO THE INDIANA CODE
126-20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
127-21 UPON PASSAGE]: Sec. 10. (a) The tax authorized under this
128-22 chapter expires on the later of:
129-23 (1) January 1, 2045; or
130-24 (2) the date on which all bonds or lease agreements
131-25 outstanding on May 7, 2023, for which a pledge of tax revenue
132-26 is made under this chapter are completely paid.
133-27 (b) Not later than December 31, 2023, the fiscal officer of the
134-28 municipality shall provide to the department of local government
135-29 finance:
136-30 (1) a list of each bond or lease agreement outstanding on May
137-31 7, 2023, for which a pledge of tax revenue is made under this
138-32 chapter; and
139-33 (2) the date on which each bond or lease agreement identified
140-34 in subdivision (1) will be completely paid.
141-35 The department of local government finance shall publish the
142-36 information received under this subsection on the department's
143-37 interactive and searchable website containing local government
144-38 information (the Indiana gateway for governmental units).
145-39 SECTION 5. IC 6-9-25-16 IS ADDED TO THE INDIANA CODE
146-40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
147-41 UPON PASSAGE]: Sec. 16. (a) Subject to section 3(d) of this
148-42 chapter, the tax authorized under this chapter expires on the later
149-SB 37—LS 6363/DI 129 4
150-1 of:
262+30 county and the fiscal officer of each unit that imposes a food and
263+31 beverage tax under this chapter shall provide to the department of
264+32 local government finance:
265+33 (1) a list of each bond or lease agreement outstanding on May
266+34 7, 2023, for which a pledge of tax revenue is made under this
267+35 chapter; and
268+36 (2) the date on which each bond or lease agreement identified
269+37 in subdivision (1) will be completely paid.
270+38 The department of local government finance shall publish the
271+39 information received under this subsection on the department's
272+40 interactive and searchable website containing local government
273+41 information (the Indiana gateway for governmental units).
274+42 SECTION 11. IC 6-9-40-12 IS ADDED TO THE INDIANA CODE
275+SB 37—LS 6363/DI 129 7
276+1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
277+2 UPON PASSAGE]: Sec. 12. (a) The tax authorized under this
278+3 chapter expires on the later of:
279+4 (1) January 1, 2045; or
280+5 (2) the date on which all bonds or lease agreements
281+6 outstanding on May 7, 2023, for which a pledge of tax revenue
282+7 is made under this chapter are completely paid.
283+8 (b) Not later than December 31, 2023, the fiscal officer of the
284+9 county and the fiscal officer of the city of Angola shall provide to
285+10 the department of local government finance:
286+11 (1) a list of each bond or lease agreement outstanding on May
287+12 7, 2023, for which a pledge of tax revenue is made under this
288+13 chapter; and
289+14 (2) the date on which each bond or lease agreement identified
290+15 in subdivision (1) will be completely paid.
291+16 The department of local government finance shall publish the
292+17 information received under this subsection on the department's
293+18 interactive and searchable website containing local government
294+19 information (the Indiana gateway for governmental units).
295+20 SECTION 12. IC 6-9-41-17 IS ADDED TO THE INDIANA CODE
296+21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
297+22 UPON PASSAGE]: Sec. 17. (a) The tax authorized under this
298+23 chapter expires on the later of:
299+24 (1) January 1, 2045; or
300+25 (2) the date on which all bonds or lease agreements
301+26 outstanding on May 7, 2023, for which a pledge of tax revenue
302+27 is made under this chapter are completely paid.
303+28 (b) Not later than December 31, 2023, the fiscal officer of the
304+29 county and the fiscal officer of the city shall provide to the
305+30 department of local government finance:
306+31 (1) a list of each bond or lease agreement outstanding on May
307+32 7, 2023, for which a pledge of tax revenue is made under this
308+33 chapter; and
309+34 (2) the date on which each bond or lease agreement identified
310+35 in subdivision (1) will be completely paid.
311+36 The department of local government finance shall publish the
312+37 information received under this subsection on the department's
313+38 interactive and searchable website containing local government
314+39 information (the Indiana gateway for governmental units).
315+40 SECTION 13. IC 6-9-43-10 IS ADDED TO THE INDIANA CODE
316+41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
317+42 UPON PASSAGE]: Sec. 10. (a) The tax authorized under this
318+SB 37—LS 6363/DI 129 8
319+1 chapter expires on the later of:
151320 2 (1) January 1, 2045; or
152321 3 (2) the date on which all bonds or lease agreements
153322 4 outstanding on May 7, 2023, for which a pledge of tax revenue
154323 5 is made under this chapter are completely paid.
155324 6 (b) Not later than December 31, 2023, the fiscal officer of the
156-7 county shall provide to the department of local government
157-8 finance:
158-9 (1) a list of each bond or lease agreement outstanding on May
159-10 7, 2023, for which a pledge of tax revenue is made under this
160-11 chapter; and
161-12 (2) the date on which each bond or lease agreement identified
162-13 in subdivision (1) will be completely paid.
163-14 The department of local government finance shall publish the
164-15 information received under this subsection on the department's
165-16 interactive and searchable website containing local government
166-17 information (the Indiana gateway for governmental units).
167-18 SECTION 6. IC 6-9-26-17 IS ADDED TO THE INDIANA CODE
168-19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
169-20 UPON PASSAGE]: Sec. 17. (a) The tax authorized under this
170-21 chapter expires on the later of:
171-22 (1) January 1, 2045; or
172-23 (2) the date on which all bonds or lease agreements
173-24 outstanding on May 7, 2023, for which a pledge of tax revenue
174-25 is made under this chapter are completely paid.
175-26 (b) Not later than December 31, 2023, the fiscal officer of the
176-27 county shall provide to the department of local government
177-28 finance:
178-29 (1) a list of each bond or lease agreement outstanding on May
179-30 7, 2023, for which a pledge of tax revenue is made under this
180-31 chapter; and
181-32 (2) the date on which each bond or lease agreement identified
182-33 in subdivision (1) will be completely paid.
183-34 The department of local government finance shall publish the
184-35 information received under this subsection on the department's
185-36 interactive and searchable website containing local government
186-37 information (the Indiana gateway for governmental units).
187-38 SECTION 7. IC 6-9-27-11 IS ADDED TO THE INDIANA CODE
188-39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
189-40 UPON PASSAGE]: Sec. 11. (a) A tax authorized under this chapter
190-41 expires on the later of:
191-42 (1) January 1, 2045; or
192-SB 37—LS 6363/DI 129 5
193-1 (2) the date on which all bonds or lease agreements
194-2 outstanding on May 7, 2023, for which a pledge of tax revenue
195-3 is made under this chapter are completely paid.
196-4 (b) Not later than December 31, 2023, the fiscal officer of the
197-5 municipality shall provide to the department of local government
198-6 finance:
199-7 (1) a list of each bond or lease agreement outstanding on May
200-8 7, 2023, for which a pledge of tax revenue is made under this
201-9 chapter; and
202-10 (2) the date on which each bond or lease agreement identified
203-11 in subdivision (1) will be completely paid.
204-12 The department of local government finance shall publish the
205-13 information received under this subsection on the department's
206-14 interactive and searchable website containing local government
207-15 information (the Indiana gateway for governmental units).
208-16 SECTION 8. IC 6-9-29.5-0.5 IS ADDED TO THE INDIANA
209-17 CODE AS A NEW SECTION TO READ AS FOLLOWS
210-18 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) As used in this section,
211-19 "local unit" means a county, city, or town.
212-20 (b) It is the declared intention of the general assembly to only
213-21 authorize a local unit to impose a new food and beverage tax under
214-22 this article based on the following criteria:
215-23 (1) Food and beverage tax revenue should only be used for
216-24 tourism or quality of life purposes, including but not limited
217-25 to:
218-26 (A) mixed use development projects;
219-27 (B) quality public spaces;
220-28 (C) broadband;
221-29 (D) multiple transportation options;
222-30 (E) multiple housing options;
223-31 (F) revitalization of historic, blighted, or vacant properties;
224-32 (G) arts, culture, and creativity; and
225-33 (H) recreation and green spaces.
226-34 (2) The fiscal body of a local unit wishing to impose a new
227-35 food and beverage tax after June 30, 2023, must first adopt a
228-36 resolution requesting the general assembly to enact legislation
229-37 to authorize the food and beverage tax.
230-38 (3) The general assembly should give preference to requests
231-39 from local units in which the fiscal body of the local unit has
232-40 held a series of public hearings on the imposition of a new
233-41 food and beverage tax in the community before adopting the
234-42 resolution to request the general assembly to enact legislation
235-SB 37—LS 6363/DI 129 6
236-1 authorizing the tax under subdivision (2).
237-2 (4) Any new food and beverage tax authorized under this
238-3 article must expire on January 1 of the year following the
239-4 twentieth calendar year in which the food and beverage tax is
240-5 imposed during any part of the year.
241-6 (5) A local unit that imposes a new food and beverage tax
242-7 shall be subject to the reporting requirements set forth in
243-8 IC 6-1.1-30-18.
244-9 SECTION 9. IC 6-9-36-9 IS ADDED TO THE INDIANA CODE
245-10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
246-11 UPON PASSAGE]: Sec. 9. (a) A tax authorized under this chapter
247-12 expires on the later of:
248-13 (1) January 1, 2045; or
249-14 (2) the date on which all bonds or lease agreements
250-15 outstanding on May 7, 2023, for which a pledge of tax revenue
251-16 is made under this chapter are completely paid.
252-17 (b) Not later than December 31, 2023, each fiscal officer of a
253-18 county that imposes a food and beverage tax under this chapter
254-19 shall provide to the department of local government finance:
325+7 town shall provide to the department of local government finance:
326+8 (1) a list of each bond or lease agreement outstanding on May
327+9 7, 2023, for which a pledge of tax revenue is made under this
328+10 chapter; and
329+11 (2) the date on which each bond or lease agreement identified
330+12 in subdivision (1) will be completely paid.
331+13 The department of local government finance shall publish the
332+14 information received under this subsection on the department's
333+15 interactive and searchable website containing local government
334+16 information (the Indiana gateway for governmental units).
335+17 SECTION 14. IC 6-9-44-11 IS ADDED TO THE INDIANA CODE
336+18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
337+19 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
338+20 chapter expires on the later of:
339+21 (1) January 1, 2045; or
340+22 (2) the date on which all bonds or lease agreements
341+23 outstanding on May 7, 2023, for which a pledge of tax revenue
342+24 is made under this chapter are completely paid.
343+25 (b) Not later than December 31, 2023, the fiscal officer of the
344+26 town shall provide to the department of local government finance:
345+27 (1) a list of each bond or lease agreement outstanding on May
346+28 7, 2023, for which a pledge of tax revenue is made under this
347+29 chapter; and
348+30 (2) the date on which each bond or lease agreement identified
349+31 in subdivision (1) will be completely paid.
350+32 The department of local government finance shall publish the
351+33 information received under this subsection on the department's
352+34 interactive and searchable website containing local government
353+35 information (the Indiana gateway for governmental units).
354+36 SECTION 15. IC 6-9-45-11 IS ADDED TO THE INDIANA CODE
355+37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
356+38 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
357+39 chapter expires on the later of:
358+40 (1) January 1, 2045; or
359+41 (2) the date on which all bonds or lease agreements
360+42 outstanding on May 7, 2023, for which a pledge of tax revenue
361+SB 37—LS 6363/DI 129 9
362+1 is made under this chapter are completely paid.
363+2 (b) Not later than December 31, 2023, the fiscal officer of the
364+3 town shall provide to the department of local government finance:
365+4 (1) a list of each bond or lease agreement outstanding on May
366+5 7, 2023, for which a pledge of tax revenue is made under this
367+6 chapter; and
368+7 (2) the date on which each bond or lease agreement identified
369+8 in subdivision (1) will be completely paid.
370+9 The department of local government finance shall publish the
371+10 information received under this subsection on the department's
372+11 interactive and searchable website containing local government
373+12 information (the Indiana gateway for governmental units).
374+13 SECTION 16. IC 6-9-47.5-11 IS ADDED TO THE INDIANA
375+14 CODE AS A NEW SECTION TO READ AS FOLLOWS
376+15 [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The tax authorized
377+16 under this chapter expires on the later of:
378+17 (1) January 1, 2045; or
379+18 (2) the date on which all bonds or lease agreements
380+19 outstanding on May 7, 2023 for which a pledge of tax revenue
381+20 is made under this chapter are completely paid.
382+21 (b) Not later than December 31, 2023, the fiscal officer of the
383+22 county shall provide to the department of local government
384+23 finance:
385+24 (1) a list of each bond or lease agreement outstanding on May
386+25 7, 2023, for which a pledge of tax revenue is made under this
387+26 chapter; and
388+27 (2) the date on which each bond or lease agreement identified
389+28 in subdivision (1) will be completely paid.
390+29 The department of local government finance shall publish the
391+30 information received under this subsection on the department's
392+31 interactive and searchable website containing local government
393+32 information (the Indiana gateway for governmental units).
394+33 SECTION 17. IC 6-9-49-11 IS ADDED TO THE INDIANA CODE
395+34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
396+35 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
397+36 chapter expires on the later of:
398+37 (1) January 1, 2045; or
399+38 (2) the date on which all bonds or lease agreements
400+39 outstanding on May 7, 2023, for which a pledge of tax revenue
401+40 is made under this chapter are completely paid.
402+41 (b) Not later than December 31, 2023, the fiscal officer of the
403+42 city shall provide to the department of local government finance:
404+SB 37—LS 6363/DI 129 10
405+1 (1) a list of each bond or lease agreement outstanding on May
406+2 7, 2023, for which a pledge of tax revenue is made under this
407+3 chapter; and
408+4 (2) the date on which each bond or lease agreement identified
409+5 in subdivision (1) will be completely paid.
410+6 The department of local government finance shall publish the
411+7 information received under this subsection on the department's
412+8 interactive and searchable website containing local government
413+9 information (the Indiana gateway for governmental units).
414+10 SECTION 18. IC 6-9-50-11 IS ADDED TO THE INDIANA CODE
415+11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
416+12 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
417+13 chapter expires on the later of:
418+14 (1) January 1, 2045; or
419+15 (2) the date on which all bonds or lease agreements
420+16 outstanding on May 7, 2023, for which a pledge of tax revenue
421+17 is made under this chapter are completely paid.
422+18 (b) Not later than December 31, 2023, the fiscal officer of the
423+19 town shall provide to the department of local government finance:
255424 20 (1) a list of each bond or lease agreement outstanding on May
256425 21 7, 2023, for which a pledge of tax revenue is made under this
257426 22 chapter; and
258427 23 (2) the date on which each bond or lease agreement identified
259428 24 in subdivision (1) will be completely paid.
260429 25 The department of local government finance shall publish the
261430 26 information received under this subsection on the department's
262431 27 interactive and searchable website containing local government
263432 28 information (the Indiana gateway for governmental units).
264-29 SECTION 10. IC 6-9-38-27 IS ADDED TO THE INDIANA CODE
433+29 SECTION 19. IC 6-9-51-11 IS ADDED TO THE INDIANA CODE
265434 30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
266-31 UPON PASSAGE]: Sec. 27. (a) Subject to section 26 of this chapter,
267-32 a tax authorized under this chapter expires on the later of:
435+31 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
436+32 chapter expires on the later of:
268437 33 (1) January 1, 2045; or
269438 34 (2) the date on which all bonds or lease agreements
270439 35 outstanding on May 7, 2023, for which a pledge of tax revenue
271440 36 is made under this chapter are completely paid.
272441 37 (b) Not later than December 31, 2023, the fiscal officer of the
273-38 county and the fiscal officer of each unit that imposes a food and
274-39 beverage tax under this chapter shall provide to the department of
275-40 local government finance:
276-41 (1) a list of each bond or lease agreement outstanding on May
277-42 7, 2023, for which a pledge of tax revenue is made under this
278-SB 37—LS 6363/DI 129 7
279-1 chapter; and
280-2 (2) the date on which each bond or lease agreement identified
281-3 in subdivision (1) will be completely paid.
282-4 The department of local government finance shall publish the
283-5 information received under this subsection on the department's
284-6 interactive and searchable website containing local government
285-7 information (the Indiana gateway for governmental units).
286-8 SECTION 11. IC 6-9-40-12 IS ADDED TO THE INDIANA CODE
287-9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
288-10 UPON PASSAGE]: Sec. 12. (a) The tax authorized under this
289-11 chapter expires on the later of:
290-12 (1) January 1, 2045; or
291-13 (2) the date on which all bonds or lease agreements
292-14 outstanding on May 7, 2023, for which a pledge of tax revenue
293-15 is made under this chapter are completely paid.
294-16 (b) Not later than December 31, 2023, the fiscal officer of the
295-17 county and the fiscal officer of the city of Angola shall provide to
296-18 the department of local government finance:
297-19 (1) a list of each bond or lease agreement outstanding on May
298-20 7, 2023, for which a pledge of tax revenue is made under this
299-21 chapter; and
300-22 (2) the date on which each bond or lease agreement identified
301-23 in subdivision (1) will be completely paid.
302-24 The department of local government finance shall publish the
303-25 information received under this subsection on the department's
304-26 interactive and searchable website containing local government
305-27 information (the Indiana gateway for governmental units).
306-28 SECTION 12. IC 6-9-41-17 IS ADDED TO THE INDIANA CODE
307-29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
308-30 UPON PASSAGE]: Sec. 17. (a) The tax authorized under this
309-31 chapter expires on the later of:
310-32 (1) January 1, 2045; or
311-33 (2) the date on which all bonds or lease agreements
312-34 outstanding on May 7, 2023, for which a pledge of tax revenue
313-35 is made under this chapter are completely paid.
314-36 (b) Not later than December 31, 2023, the fiscal officer of the
315-37 county and the fiscal officer of the city shall provide to the
316-38 department of local government finance:
442+38 city shall provide to the department of local government finance:
317443 39 (1) a list of each bond or lease agreement outstanding on May
318444 40 7, 2023, for which a pledge of tax revenue is made under this
319445 41 chapter; and
320446 42 (2) the date on which each bond or lease agreement identified
321-SB 37—LS 6363/DI 129 8
447+SB 37—LS 6363/DI 129 11
322448 1 in subdivision (1) will be completely paid.
323449 2 The department of local government finance shall publish the
324450 3 information received under this subsection on the department's
325451 4 interactive and searchable website containing local government
326452 5 information (the Indiana gateway for governmental units).
327-6 SECTION 13. IC 6-9-43-10 IS ADDED TO THE INDIANA CODE
453+6 SECTION 20. IC 6-9-52-11 IS ADDED TO THE INDIANA CODE
328454 7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
329-8 UPON PASSAGE]: Sec. 10. (a) The tax authorized under this
330-9 chapter expires on the later of:
455+8 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
456+9 chapter expires on:
331457 10 (1) January 1, 2045; or
332458 11 (2) the date on which all bonds or lease agreements
333459 12 outstanding on May 7, 2023, for which a pledge of tax revenue
334460 13 is made under this chapter are completely paid.
335461 14 (b) Not later than December 31, 2023, the fiscal officer of the
336462 15 town shall provide to the department of local government finance:
337463 16 (1) a list of each bond or lease agreement outstanding on May
338464 17 7, 2023, for which a pledge of tax revenue is made under this
339465 18 chapter; and
340466 19 (2) the date on which each bond or lease agreement identified
341467 20 in subdivision (1) will be completely paid.
342468 21 The department of local government finance shall publish the
343469 22 information received under this subsection on the department's
344470 23 interactive and searchable website containing local government
345471 24 information (the Indiana gateway for governmental units).
346-25 SECTION 14. IC 6-9-44-11 IS ADDED TO THE INDIANA CODE
347-26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
348-27 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
349-28 chapter expires on the later of:
350-29 (1) January 1, 2045; or
351-30 (2) the date on which all bonds or lease agreements
352-31 outstanding on May 7, 2023, for which a pledge of tax revenue
353-32 is made under this chapter are completely paid.
354-33 (b) Not later than December 31, 2023, the fiscal officer of the
355-34 town shall provide to the department of local government finance:
356-35 (1) a list of each bond or lease agreement outstanding on May
357-36 7, 2023, for which a pledge of tax revenue is made under this
358-37 chapter; and
359-38 (2) the date on which each bond or lease agreement identified
360-39 in subdivision (1) will be completely paid.
361-40 The department of local government finance shall publish the
362-41 information received under this subsection on the department's
363-42 interactive and searchable website containing local government
364-SB 37—LS 6363/DI 129 9
365-1 information (the Indiana gateway for governmental units).
366-2 SECTION 15. IC 6-9-45-11 IS ADDED TO THE INDIANA CODE
367-3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
368-4 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
369-5 chapter expires on the later of:
370-6 (1) January 1, 2045; or
371-7 (2) the date on which all bonds or lease agreements
372-8 outstanding on May 7, 2023, for which a pledge of tax revenue
373-9 is made under this chapter are completely paid.
374-10 (b) Not later than December 31, 2023, the fiscal officer of the
375-11 town shall provide to the department of local government finance:
376-12 (1) a list of each bond or lease agreement outstanding on May
377-13 7, 2023, for which a pledge of tax revenue is made under this
378-14 chapter; and
379-15 (2) the date on which each bond or lease agreement identified
380-16 in subdivision (1) will be completely paid.
381-17 The department of local government finance shall publish the
382-18 information received under this subsection on the department's
383-19 interactive and searchable website containing local government
384-20 information (the Indiana gateway for governmental units).
385-21 SECTION 16. IC 6-9-47.5-11 IS ADDED TO THE INDIANA
386-22 CODE AS A NEW SECTION TO READ AS FOLLOWS
387-23 [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The tax authorized
388-24 under this chapter expires on the later of:
389-25 (1) January 1, 2045; or
390-26 (2) the date on which all bonds or lease agreements
391-27 outstanding on May 7, 2023 for which a pledge of tax revenue
392-28 is made under this chapter are completely paid.
393-29 (b) Not later than December 31, 2023, the fiscal officer of the
394-30 county shall provide to the department of local government
395-31 finance:
396-32 (1) a list of each bond or lease agreement outstanding on May
397-33 7, 2023, for which a pledge of tax revenue is made under this
398-34 chapter; and
399-35 (2) the date on which each bond or lease agreement identified
400-36 in subdivision (1) will be completely paid.
401-37 The department of local government finance shall publish the
402-38 information received under this subsection on the department's
403-39 interactive and searchable website containing local government
404-40 information (the Indiana gateway for governmental units).
405-41 SECTION 17. IC 6-9-49-11 IS ADDED TO THE INDIANA CODE
406-42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
407-SB 37—LS 6363/DI 129 10
408-1 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
409-2 chapter expires on the later of:
410-3 (1) January 1, 2045; or
411-4 (2) the date on which all bonds or lease agreements
412-5 outstanding on May 7, 2023, for which a pledge of tax revenue
413-6 is made under this chapter are completely paid.
414-7 (b) Not later than December 31, 2023, the fiscal officer of the
415-8 city shall provide to the department of local government finance:
416-9 (1) a list of each bond or lease agreement outstanding on May
417-10 7, 2023, for which a pledge of tax revenue is made under this
418-11 chapter; and
419-12 (2) the date on which each bond or lease agreement identified
420-13 in subdivision (1) will be completely paid.
421-14 The department of local government finance shall publish the
422-15 information received under this subsection on the department's
423-16 interactive and searchable website containing local government
424-17 information (the Indiana gateway for governmental units).
425-18 SECTION 18. IC 6-9-50-11 IS ADDED TO THE INDIANA CODE
426-19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
427-20 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
428-21 chapter expires on the later of:
429-22 (1) January 1, 2045; or
430-23 (2) the date on which all bonds or lease agreements
431-24 outstanding on May 7, 2023, for which a pledge of tax revenue
432-25 is made under this chapter are completely paid.
433-26 (b) Not later than December 31, 2023, the fiscal officer of the
434-27 town shall provide to the department of local government finance:
435-28 (1) a list of each bond or lease agreement outstanding on May
436-29 7, 2023, for which a pledge of tax revenue is made under this
437-30 chapter; and
438-31 (2) the date on which each bond or lease agreement identified
439-32 in subdivision (1) will be completely paid.
440-33 The department of local government finance shall publish the
441-34 information received under this subsection on the department's
442-35 interactive and searchable website containing local government
443-36 information (the Indiana gateway for governmental units).
444-37 SECTION 19. IC 6-9-51-11 IS ADDED TO THE INDIANA CODE
445-38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
446-39 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
447-40 chapter expires on the later of:
448-41 (1) January 1, 2045; or
449-42 (2) the date on which all bonds or lease agreements
450-SB 37—LS 6363/DI 129 11
451-1 outstanding on May 7, 2023, for which a pledge of tax revenue
452-2 is made under this chapter are completely paid.
453-3 (b) Not later than December 31, 2023, the fiscal officer of the
454-4 city shall provide to the department of local government finance:
455-5 (1) a list of each bond or lease agreement outstanding on May
456-6 7, 2023, for which a pledge of tax revenue is made under this
457-7 chapter; and
458-8 (2) the date on which each bond or lease agreement identified
459-9 in subdivision (1) will be completely paid.
460-10 The department of local government finance shall publish the
461-11 information received under this subsection on the department's
462-12 interactive and searchable website containing local government
463-13 information (the Indiana gateway for governmental units).
464-14 SECTION 20. IC 6-9-52-11 IS ADDED TO THE INDIANA CODE
465-15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
466-16 UPON PASSAGE]: Sec. 11. (a) The tax authorized under this
467-17 chapter expires on:
468-18 (1) January 1, 2045; or
469-19 (2) the date on which all bonds or lease agreements
470-20 outstanding on May 7, 2023, for which a pledge of tax revenue
471-21 is made under this chapter are completely paid.
472-22 (b) Not later than December 31, 2023, the fiscal officer of the
473-23 town shall provide to the department of local government finance:
474-24 (1) a list of each bond or lease agreement outstanding on May
475-25 7, 2023, for which a pledge of tax revenue is made under this
476-26 chapter; and
477-27 (2) the date on which each bond or lease agreement identified
478-28 in subdivision (1) will be completely paid.
479-29 The department of local government finance shall publish the
480-30 information received under this subsection on the department's
481-31 interactive and searchable website containing local government
482-32 information (the Indiana gateway for governmental units).
483-33 SECTION 21. An emergency is declared for this act.
472+25 SECTION 21. An emergency is declared for this act.
484473 SB 37—LS 6363/DI 129 12
485474 COMMITTEE REPORT
486475 Madam President: The Senate Committee on Tax and Fiscal Policy,
487476 to which was referred Senate Bill No. 37, has had the same under
488477 consideration and begs leave to report the same back to the Senate with
489478 the recommendation that said bill be AMENDED as follows:
490479 Page 2, line 17, delete "2043;" and insert "2045;".
491480 Page 2, line 37, delete "2043;" and insert "2045;".
492481 Page 3, line 15, delete "2043;" and insert "2045;".
493482 Page 3, line 36, delete "2043;" and insert "2045;".
494483 Page 4, line 14, delete "2043;" and insert "2045;".
495484 Page 4, line 34, delete "2043;" and insert "2045;".
496485 Page 6, line 5, delete "2043;" and insert "2045;".
497486 Page 6, line 25, delete "2043;" and insert "2045;".
498487 Page 7, line 4, delete "2043;" and insert "2045;".
499488 Page 7, line 24, delete "2043;" and insert "2045;".
500489 Page 8, line 2, delete "2043;" and insert "2045;".
501490 Page 8, line 21, delete "2043;" and insert "2045;".
502491 Page 8, line 40, delete "2043;" and insert "2045;".
503492 Page 9, line 17, delete "2043;" and insert "2045;".
504493 Page 9, line 37, delete "2043;" and insert "2045;".
505494 Page 10, line 14, delete "2043;" and insert "2045;".
506495 Page 10, line 33, delete "2043;" and insert "2045;".
507496 Page 11, line 10, delete "2043;" and insert "2045;".
508497 and when so amended that said bill do pass.
509498 (Reference is to SB 37 as introduced.)
510499 HOLDMAN, Chairperson
511500 Committee Vote: Yeas 10, Nays 1.
512-_____
513-SENATE MOTION
514-Madam President: I move that Senate Bill 37 be amended to read as
515-follows:
516-Page 2, between lines 12 and 13, begin a new paragraph and insert:
517-"(e) The requirements under subsection (a) do not apply to taxes
518-collected under:
519-(1) IC 6-9-12 that are distributed to the capital improvement
520-board of managers created by IC 36-10-9-3;
521-SB 37—LS 6363/DI 129 13
522-(2) IC 6-9-35 that are distributed to the capital improvement
523-board of managers created by IC 36-10-9-3; and
524-(3) IC 6-9-33 that are distributed to the capital improvement
525-board of managers created by IC 36-10-8.".
526-(Reference is to SB 37 as printed January 18, 2023.)
527-HOLDMAN
528501 SB 37—LS 6363/DI 129