Indiana 2023 Regular Session

Indiana Senate Bill SB0434 Compare Versions

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1+*ES0434.2*
2+Reprinted
3+April 13, 2023
4+ENGROSSED
5+SENATE BILL No. 434
6+_____
7+DIGEST OF SB 434 (Updated April 12, 2023 12:46 pm - DI 125)
8+Citations Affected: IC 4-33; IC 6-9; IC 36-7.5.
9+Synopsis: Economic development in Lake County. Establishes the
10+blighted property demolition fund (demolition fund). Provides that
11+money in the demolition fund is to be used for costs associated with
12+demolishing a qualified property located in the territory of a current or
13+future transit development district or in the area surrounding the Gary
14+Metro Center. Allows the Lake County fiscal body to adopt an increase
15+in the county innkeeper's tax. Establishes the Lake County convention
16+and economic development fund (convention fund). Provides that
17+money in the convention fund may be used for purposes related to a
18+convention center in Lake County. Establishes a local county fund
19+known as the Lake County convention and event center reserve fund
20+(reserve fund). Provides that the revenue received from an increase in
21+the innkeeper's tax is deposited in the reserve fund. Provides that,
22+beginning July 1, 2023, proposals may be submitted for construction
23+(Continued next page)
24+Effective: July 1, 2023.
25+Melton, Mishler, Charbonneau,
26+Randolph Lonnie M, Ford Jon,
27+Bohacek, Bassler
28+(HOUSE SPONSORS — SLAGER, THOMPSON, HATCHER, SOLIDAY)
29+January 19, 2023, read first time and referred to Committee on Appropriations.
30+February 16, 2023, amended, reported favorably — Do Pass.
31+February 27, 2023, read second time, amended, ordered engrossed.
32+February 28, 2023, engrossed. Read third time, passed. Yeas 48, nays 0.
33+HOUSE ACTION
34+March 6, 2023, read first time and referred to Committee on Ways and Means.
35+April 6, 2023, amended, reported — Do Pass.
36+April 12, 2023, read second time, amended, ordered engrossed.
37+ES 434—LS 7313/DI 125 Digest Continued
38+and operation of a Lake County convention and event center to the
39+Lake County board of commissioners. Provides minimum requirements
40+for a proposal. Provides that if a proposal is approved, the Lake County
41+convention center authority is established to provide general oversight.
42+Establishes the Gary metro center station revitalization fund (metro
43+center station fund). Establishes the Gary metro center station
44+revitalization project board to provide oversight of the ongoing
45+maintenance and operation of the Gary metro center station. Beginning
46+after June 30, 2025, requires the department of state revenue to deposit
47+certain amounts in each state fiscal year of the riverboat wagering tax
48+revenue collected from a riverboat operating within the city of Gary in
49+the demolition fund, the convention fund, and the metro center station
50+fund. Provides that if an individual is a resident of one transit
51+development district (district) and is employed within another district
52+during a calendar year, the corresponding tax for the individual shall
53+be attributed to the district in which the individual resides. Provides
54+that if the department determines that the redetermination of an amount
55+affects incremental tax amounts, the department shall recompute the
56+incremental tax amounts and make any necessary adjustments to
57+distributions or computations to reflect any redetermination. Provides
58+that a municipality that includes more than one district may share its
59+increment revenue among the districts upon approval of the legislative
60+body of the municipality.
61+ES 434—LS 7313/DI 125ES 434—LS 7313/DI 125 Reprinted
62+April 13, 2023
163 First Regular Session of the 123rd General Assembly (2023)
264 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
365 Constitution) is being amended, the text of the existing provision will appear in this style type,
466 additions will appear in this style type, and deletions will appear in this style type.
567 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
668 provision adopted), the text of the new provision will appear in this style type. Also, the
769 word NEW will appear in that style type in the introductory clause of each SECTION that adds
870 a new provision to the Indiana Code or the Indiana Constitution.
971 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1072 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 434
12-AN ACT to amend the Indiana Code concerning local government
13-and to make an appropriation.
73+ENGROSSED
74+SENATE BILL No. 434
75+A BILL FOR AN ACT to amend the Indiana Code concerning local
76+government and to make an appropriation.
1477 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 4-33-13-2.5 IS ADDED TO THE INDIANA CODE
16-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17-1, 2023]: Sec. 2.5. (a) This section applies only to tax revenue:
18-(1) remitted by a licensed owner operating a riverboat sited at
19-a location approved under IC 4-33-6-4.5; and
20-(2) collected under this chapter after June 30, 2025.
21-(b) Notwithstanding section 3 of this chapter, the department
22-shall deposit from the tax revenue remitted under this chapter by
23-a licensed owner operating a riverboat sited at a location approved
24-under IC 4-33-6-4.5 amounts as follows:
25-(1) In each state fiscal year beginning after June 30, 2025, and
26-ending before July 1, 2027, an amount equal to the amount
27-deposited under IC 36-7.5-6-5(a) by the city of Gary in the
28-blighted property demolition fund established by
29-IC 36-7.5-6-4, up to three million dollars ($3,000,000).
30-(2) In each state fiscal year beginning after June 30, 2025, and
31-ending before July 1, 2045, an amount equal to the amount
32-deposited under IC 36-7.5-7-5(c) by an entity in the Lake
33-County economic development and convention fund
34-established by IC 36-7.5-7-5, up to five million dollars
35-($5,000,000).
36-(3) In each state fiscal year beginning after June 30, 2025, and
37-SEA 434 — CC 1 2
38-ending before July 1, 2050, an amount equal to the amount
39-deposited under IC 36-7.5-8-4 by the city of Gary, or on
40-behalf of the city of Gary from any other source, in the Gary
41-Metro Center station revitalization fund established by
42-IC 36-7.5-8-3, up to three million dollars ($3,000,000).
43-Any amount of tax revenue remitted under this chapter by a
44-licensed owner operating a riverboat sited at a location approved
45-under IC 4-33-6-4.5 in a state fiscal year that exceeds the amount
46-required for the deposits in this subsection for the state fiscal year
47-must be deposited in the state gaming fund under section 3 of this
48-chapter.
49-(c) Budget committee review is required before any money may
78+1 SECTION 1. IC 4-33-13-2.5 IS ADDED TO THE INDIANA CODE
79+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
80+3 1, 2023]: Sec. 2.5. (a) This section applies only to tax revenue:
81+4 (1) remitted by a licensed owner operating a riverboat sited at
82+5 a location approved under IC 4-33-6-4.5; and
83+6 (2) collected under this chapter after June 30, 2025.
84+7 (b) Notwithstanding section 3 of this chapter, the department
85+8 shall deposit from the tax revenue remitted under this chapter by
86+9 a licensed owner operating a riverboat sited at a location approved
87+10 under IC 4-33-6-4.5 amounts as follows:
88+11 (1) In each state fiscal year beginning after June 30, 2025, and
89+12 ending before July 1, 2027, an amount equal to the amount
90+13 deposited under IC 36-7.5-6-5(a) by the city of Gary in the
91+14 blighted property demolition fund established by
92+15 IC 36-7.5-6-4.
93+16 (2) In each state fiscal year beginning after June 30, 2025, and
94+17 ending before July 1, 2045, an amount equal to the amount
95+ES 434—LS 7313/DI 125 2
96+1 deposited under IC 36-7.5-7-5(c) by an entity in the Lake
97+2 County convention and economic development convention
98+3 fund established by IC 36-7.5-7-5.
99+4 (3) In each state fiscal year beginning after June 30, 2025, and
100+5 ending before July 1, 2050, an amount equal to the amount
101+6 deposited under IC 36-7.5-8-4 by the city of Gary, or on
102+7 behalf of the city of Gary from any other source, in the Gary
103+8 metro center station revitalization fund established by
104+9 IC 36-7.5-8-3.
105+10 Any amount of tax revenue remitted under this chapter by a
106+11 licensed owner operating a riverboat sited at a location approved
107+12 under IC 4-33-6-4.5 in a state fiscal year that exceeds the amount
108+13 required for the deposits in this subsection for the state fiscal year
109+14 must be deposited in the state gaming fund under section 3 of this
110+15 chapter.
111+16 (c) The northwest Indiana regional development authority
112+17 established by IC 36-7.5-2-1 shall provide any information to the
113+18 department that the department determines is necessary for the
114+19 department to carry out this section.
115+20 (d) This section expires July 1, 2050.
116+21 SECTION 2. IC 4-33-13-3 IS AMENDED TO READ AS
117+22 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. Except as provided
118+23 in section 2.5 of this chapter, the department shall deposit tax revenue
119+24 collected under this chapter in the state gaming fund.
120+25 SECTION 3. IC 6-9-2-1, AS AMENDED BY THE TECHNICAL
121+26 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
122+27 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
123+28 Sec. 1. (a) A county having a population of more than four hundred
124+29 thousand (400,000) but and less than seven hundred thousand
125+30 (700,000) that establishes a medical center development agency
126+31 pursuant to IC 16-23.5-2 may levy each year a tax on every person
127+32 engaged in the business of renting or furnishing, for periods of less than
128+33 thirty (30) days by the same party in the same room, any room or
129+34 rooms, lodgings, or accommodations, in any hotel, motel, inn, tourist
130+35 camp, tourist cabin, or any other place in which rooms, lodgings, or
131+36 accommodations are regularly furnished for a consideration.
132+37 (b) Except as provided in section 1.5 of this chapter, such tax
133+38 shall be at a rate of five percent (5%) on the gross retail income derived
134+39 therefrom and is in addition to the state gross retail tax imposed on the
135+40 retail transaction.
136+41 (c) The county fiscal body may adopt an ordinance to require that
137+42 the tax shall be paid monthly to the county treasurer. Except as
138+ES 434—LS 7313/DI 125 3
139+1 provided in section 1.5 of this chapter, if such an ordinance is
140+2 adopted. The adopted, the tax shall be paid to the county treasurer not
141+3 more than twenty (20) days after the end of the month the tax is
142+4 collected. If such an ordinance is not adopted, the tax shall be imposed,
143+5 paid, and collected in exactly the same manner as the state gross retail
144+6 tax is imposed, paid, and collected.
145+7 (d) All of the provisions of the state gross retail tax (IC 6-2.5)
146+8 relating to rights, duties, liabilities, procedures, penalties, definitions,
147+9 exemptions, and administration shall be applicable to the imposition
148+10 and administration of the tax imposed by this section except to the
149+11 extent such provisions are in conflict or inconsistent with the specific
150+12 provisions of this chapter or the requirements of the county treasurer.
151+13 Specifically and not in limitation of the foregoing sentence, the terms
152+14 "person" and "gross retail income" shall have the same meaning in this
153+15 section as they have in the state gross retail tax (IC 6-2.5). If the tax is
154+16 paid to the department of state revenue, the returns to be filed for the
155+17 payment of the tax under this section may be either a separate return or
156+18 may be combined with the return filed for the payment of the state
157+19 gross retail tax as the department of state revenue may, by rule,
158+20 determine.
159+21 (e) If the tax is paid to the department of state revenue, the amounts
160+22 received from the tax shall be paid by the end of the next succeeding
161+23 month by the treasurer of state to the county treasurer upon warrants
162+24 issued by the auditor of state. Except as provided in section 1.5(c) of
163+25 this chapter, the county treasurer shall deposit the revenue received
164+26 under this chapter as provided in section 2 of this chapter.
165+27 SECTION 4. IC 6-9-2-1.5 IS ADDED TO THE INDIANA CODE
166+28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
167+29 1, 2023]: Sec. 1.5. (a) After June 30, 2023, the county fiscal body
168+30 may adopt an ordinance to increase the tax rate imposed under
169+31 section 1 of this chapter by not more than an additional five
170+32 percent (5%). If the county imposes the additional tax rate
171+33 authorized by this section, the additional tax rate terminates on
172+34 July 1, 2050.
173+35 (b) If the county fiscal body adopts an ordinance under this
174+36 section:
175+37 (1) it shall immediately send a certified copy of the ordinance
176+38 to the department of state revenue; and
177+39 (2) the increase applies to transactions after the last day of the
178+40 month in which the ordinance is adopted, if the county fiscal
179+41 body adopts the ordinance on or before the fifteenth day of a
180+42 month. If the county fiscal body adopts the ordinance after
181+ES 434—LS 7313/DI 125 4
182+1 the fifteenth day of a month, the tax applies to transactions
183+2 after the last day of the month following the month in which
184+3 the ordinance is adopted.
185+4 The increase in the tax imposed under this section continues in
186+5 effect unless the increase is rescinded.
187+6 (c) The amounts received from an increase adopted under this
188+7 section shall be deposited in the Lake County convention and event
189+8 center reserve fund established by IC 36-7.5-7-10 to be used for the
190+9 purposes of the Lake County convention and event center reserve
191+10 fund.
192+11 (d) This section expires July 1, 2050.
193+12 SECTION 5. IC 6-9-2-2, AS AMENDED BY P.L.104-2022,
194+13 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
195+14 JULY 1, 2023]: Sec. 2. (a) This section does not apply to any
196+15 revenue received from an increase adopted under section 1.5 of this
197+16 chapter.
198+17 (b) The revenue received by the county treasurer under this chapter
199+18 shall be allocated to the Lake County convention and visitor bureau,
200+19 Indiana University-Northwest, Purdue University Northwest, municipal
201+20 public safety departments, municipal physical and economic
202+21 development divisions, and the cities and towns in the county as
203+22 provided in this section. Subsections (b) through (g) (c) through (h) do
204+23 not apply to the distribution of revenue received under section 1 of this
205+24 chapter from hotels, motels, inns, tourist camps, tourist cabins, and
206+25 other lodgings or accommodations built or refurbished after June 30,
207+26 1993, that are located in the city of Gary.
208+27 (b) (c) The Lake County convention and visitor bureau shall
209+28 establish a convention, tourism, and visitor promotion fund (referred
210+29 to in this chapter as the "promotion fund"). The county treasurer shall
211+30 transfer to the Lake County convention and visitor bureau for deposit
212+31 in the promotion fund thirty-five percent (35%) of the first one million
213+32 two hundred thousand dollars ($1,200,000) of revenue received from
214+33 the tax imposed under this chapter in each year. The promotion fund
215+34 consists of:
216+35 (1) money in the promotion fund on June 30, 2005;
217+36 (2) revenue deposited in the promotion fund under this subsection
218+37 after June 30, 2005; and
219+38 (3) investment income earned on the promotion fund's assets.
220+39 Money in the funds established by the bureau may be expended to
221+40 promote and encourage conventions, trade shows, special events,
222+41 recreation, and visitors. Money may be paid from the funds established
223+42 by the bureau, by claim in the same manner as municipalities may pay
224+ES 434—LS 7313/DI 125 5
225+1 claims under IC 5-11-10-1.6.
226+2 (c) (d) This subsection applies to the first one million two hundred
227+3 thousand dollars ($1,200,000) of revenue received from the tax
228+4 imposed under this chapter in each year. During each year, the county
229+5 treasurer shall transfer to Indiana University-Northwest forty-four and
230+6 thirty-three hundredths percent (44.33%) of the revenue received under
231+7 this chapter for that year to be used as follows:
232+8 (1) Seventy-five percent (75%) of the revenue received under this
233+9 subsection may be used only for the university's medical
234+10 education programs.
235+11 (2) Twenty-five percent (25%) of the revenue received under this
236+12 subsection may be used only for the university's allied health
237+13 education programs.
238+14 (d) (e) This subsection applies to the first one million two hundred
239+15 thousand dollars ($1,200,000) of revenue received from the tax
240+16 imposed under this chapter in each year. During each year, the county
241+17 treasurer shall allocate among the cities and towns throughout the
242+18 county nine percent (9%) of the revenue received under this chapter for
243+19 that year as follows:
244+20 (1) Ten percent (10%) of the revenue covered by this subsection
245+21 shall be distributed to the city of Gary.
246+22 (2) Ten percent (10%) of the revenue covered by this subsection
247+23 shall be distributed to the city of Hammond.
248+24 (3) Ten percent (10%) of the revenue covered by this subsection
249+25 shall be distributed to the city of East Chicago.
250+26 (4) Seventy percent (70%) of the revenue covered by this
251+27 subsection shall be distributed in equal amounts to each town and
252+28 each city not receiving a distribution under subdivisions (1)
253+29 through (3).
254+30 The money distributed under this subsection may be used only for
255+31 tourism and economic development projects. The county treasurer shall
256+32 make the distributions on or before December 1 of each year.
257+33 (e) (f) This subsection applies to the first one million two hundred
258+34 thousand dollars ($1,200,000) of revenue received from the tax
259+35 imposed under this chapter in each year. During each year, the county
260+36 treasurer shall transfer to Purdue University Northwest nine percent
261+37 (9%) of the revenue received under this chapter for that year. The
262+38 money received by Purdue University Northwest may be used by the
263+39 university only for nursing education programs.
264+40 (f) (g) This subsection applies to the first one million two hundred
265+41 thousand dollars ($1,200,000) of revenue received from the tax
266+42 imposed under this chapter in each year. During each year, the county
267+ES 434—LS 7313/DI 125 6
268+1 treasurer shall transfer two and sixty-seven hundredths percent (2.67%)
269+2 of the revenue received under this chapter for that year to the following
270+3 cities:
271+4 (1) Fifty percent (50%) of the revenue covered by this subsection
272+5 shall be transferred to the city of Gary.
273+6 (2) Fifty percent (50%) of the revenue covered by this subsection
274+7 shall be transferred to the city of Hammond.
275+8 Money transferred under this subsection may be used only for
276+9 convention facilities located within the city. In addition, the money may
277+10 be used only for facility marketing, sales, capital expenditures, and
278+11 public relations programs. Money transferred under this subsection
279+12 may not be used for salaries or facility operating costs or capital
280+13 expenditures related to the convention facilities. The county treasurer
281+14 shall make the transfers on or before December 1 of each year.
282+15 (g) (h) This subsection applies to the revenue received from the tax
283+16 imposed under this chapter in each year that exceeds one million two
284+17 hundred thousand dollars ($1,200,000). During each year, the county
285+18 treasurer shall distribute money in the promotion fund as follows:
286+19 (1) Eighty-five percent (85%) of the revenue covered by this
287+20 subsection shall be deposited in the convention, tourism, and
288+21 visitor promotion fund. The money deposited in the fund under
289+22 this subdivision may be used only for the purposes for which
290+23 other money in the fund may be used.
291+24 (2) Five percent (5%) of the revenue covered by this subsection
292+25 shall be transferred to Purdue University Northwest. The money
293+26 received by Purdue University Northwest under this subdivision
294+27 may be used by the university only for nursing education
295+28 programs.
296+29 (3) Five percent (5%) of the revenue covered by this subsection
297+30 shall be transferred to Indiana University-Northwest. The money
298+31 received by Indiana University-Northwest under this subdivision
299+32 may be used only for the university's medical education programs.
300+33 (4) Five percent (5%) of the revenue covered by this subsection
301+34 shall be transferred to Indiana University-Northwest. The money
302+35 received by Indiana University-Northwest under this subdivision
303+36 may be used only for the university's allied health education
304+37 programs.
305+38 (h) (i) This subsection applies only to the distribution of revenue
306+39 received from the tax imposed under section 1 of this chapter from
307+40 hotels, motels, inns, tourist camps, tourist cabins, and other lodgings or
308+41 accommodations built or refurbished after June 30, 1993, that are
309+42 located in the city of Gary. During each year, the county treasurer shall
310+ES 434—LS 7313/DI 125 7
311+1 transfer:
312+2 (1) seventy-five percent (75%) of the revenues under this
313+3 subsection to the department of public safety; and
314+4 (2) twenty-five percent (25%) of the revenues under this
315+5 subsection to the division of physical and economic development;
316+6 of the city of Gary.
317+7 (i) (j) The Lake County convention and visitor bureau shall assist
318+8 the county treasurer, as needed, with the calculation of the amounts that
319+9 must be deposited and transferred under this section.
320+10 SECTION 6. IC 36-7.5-4.5-7, AS ADDED BY P.L.248-2017,
321+11 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
322+12 JULY 1, 2023]: Sec. 7. As used in this chapter, "gross retail tax base
323+13 period amount" means the aggregate amount of state gross retail taxes
324+14 remitted under IC 6-2.5 by retail merchants for the calendar year that
325+15 precedes the date on in which the district was established under this
326+16 chapter as determined by the department.
327+17 SECTION 7. IC 36-7.5-4.5-9, AS ADDED BY P.L.248-2017,
328+18 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
329+19 JULY 1, 2023]: Sec. 9. (a) As used in this chapter, "local income tax
330+20 base period amount" means the total amount of local income tax
331+21 (IC 6-3.6) paid by:
332+22 (1) employees employed within a district with respect to wages
333+23 and salary earned for work in the district; and
334+24 (2) residents living within the district;
335+25 for the calendar year that precedes the date on in which the district was
336+26 established under this chapter as determined by the department.
337+27 (b) If an individual is a resident of one (1) district and is
338+28 employed within another district during a calendar year, the local
339+29 income tax for the individual shall be attributed to the district in
340+30 which the individual resides.
341+31 SECTION 8. IC 36-7.5-4.5-10, AS ADDED BY P.L.248-2017,
342+32 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
343+33 JULY 1, 2023]: Sec. 10. (a) As used in this chapter, "local income tax
344+34 increment revenue" means the remainder of:
345+35 (1) the total amount of local income tax (IC 6-3.6) paid by:
346+36 (A) employees employed in the district with respect to wages
347+37 and salary earned for work in the territory comprising the
348+38 district for a particular calendar year; minus and
349+39 (B) residents living within the district; minus
350+40 (2) the local income tax base period amount;
351+41 as determined by the department.
352+42 (b) If an individual is a resident of one (1) district and is
353+ES 434—LS 7313/DI 125 8
354+1 employed within another district during a calendar year, the local
355+2 income tax for the individual shall be attributed to the district in
356+3 which the individual resides.
357+4 SECTION 9. IC 36-7.5-4.5-13, AS ADDED BY P.L.248-2017,
358+5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
359+6 JULY 1, 2023]: Sec. 13. (a) As used in this chapter, "state income tax
360+7 base period amount" means the aggregate amount of state adjusted
361+8 gross income taxes paid or remitted by or on behalf of:
362+9 (1) employees employed within a district with respect to wages
363+10 and salary earned for work in the district; and
364+11 (2) residents living within the district;
365+12 during for the calendar year that precedes the date on in which the
366+13 district was established under this chapter with respect to wages and
367+14 salary earned for work in the territory comprising the district, as
368+15 determined by the department.
369+16 (b) If an individual is a resident of one (1) district and is
370+17 employed within another district during a calendar year, the state
371+18 income tax for the individual shall be attributed to the district in
372+19 which the individual resides.
373+20 SECTION 10. IC 36-7.5-4.5-14, AS ADDED BY P.L.248-2017,
374+21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
375+22 JULY 1, 2023]: Sec. 14. (a) As used in this chapter, "state income tax
376+23 increment revenue" means the remainder of:
377+24 (1) the aggregate amount of state adjusted gross income taxes
378+25 paid or remitted during for a calendar year with respect to:
379+26 (A) wages and salary earned for work in the territory
380+27 comprising a district; minus and
381+28 (B) income earned by residents living within the district;
382+29 minus
383+30 (2) the state income tax base period amount.
384+31 (b) If an individual is a resident of one (1) district and is
385+32 employed within another district during a calendar year, the state
386+33 income tax for the individual shall be attributed to the district in
387+34 which the individual resides.
388+35 SECTION 11. IC 36-7.5-4.5-27, AS ADDED BY P.L.248-2017,
389+36 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
390+37 JULY 1, 2023]: Sec. 27. (a) If a district is established, the treasurer of
391+38 state shall establish a local income tax increment fund and an account
392+39 for each district established under this chapter for deposit of local
393+40 income tax increment revenue for that district.
394+41 (b) The funds shall be administered by the treasurer of state. Money
395+42 in a fund does not revert to the state general fund at the end of a state
396+ES 434—LS 7313/DI 125 9
397+1 fiscal year.
398+2 (c) The total amount of local income tax (IC 6-3.6) paid by:
399+3 (1) employees employed in a district with respect to wages earned
400+4 for work performed in the district; and
401+5 (2) residents living in the district;
402+6 shall be deposited in the district's account within the local income tax
403+7 increment fund. If an individual is a resident of one (1) district and
404+8 is employed within another district, only the local income tax for
405+9 the district in which the individual resides shall be deposited into
406+10 the local income tax increment fund. For each district, the budget
407+11 agency shall determine and transfer to the appropriate county account
408+12 under IC 6-3.6-9 an amount equal to the local income tax base period
409+13 amount for the district.
410+14 (d) The budget agency shall determine and transfer any amount of
411+15 the local income tax increment revenue that will not be disbursed to the
412+16 development authority or redevelopment commission to the appropriate
413+17 county account under IC 6-3.6-9.
414+18 SECTION 12. IC 36-7.5-4.5-28, AS ADDED BY P.L.248-2017,
415+19 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
416+20 JULY 1, 2023]: Sec. 28. (a) Not later than sixty (60) days after
417+21 receiving a copy of the resolution establishing a district, November 30
418+22 of the year following the establishment of a district under this
419+23 chapter, or November 30, 2024, whichever is later, the department
420+24 shall determine the following for that district:
421+25 (1) The state income tax base period amount.
422+26 (2) The gross retail tax base period amount.
423+27 (3) The local income tax base period amount.
424+28 (b) Before October 1 December 1 of each year, beginning in 2018,
425+29 the year two (2) years following the establishment of the district
426+30 under this chapter, the department shall determine the following for
427+31 each district for the preceding calendar year:
428+32 (1) The state income tax increment revenue.
429+33 (2) The gross retail tax increment revenue.
430+34 (3) The local income tax increment revenue.
431+35 (c) The department shall notify the budget agency and the
432+36 development authority of each base period amount and annually each
433+37 increment revenue amount.
434+38 (d) Before November 1 December 15 of each calendar year, the
435+39 department shall determine and certify to the Indiana finance authority
436+40 and the development authority the following:
437+41 (1) The state income tax increment revenue.
438+42 (2) The gross retail tax increment revenue.
439+ES 434—LS 7313/DI 125 10
440+1 (3) The local income tax increment revenue for each district.
441+2 (4) The extent to which the sum of the state income tax increment
442+3 revenue and gross retail tax increment revenue certified under this
443+4 subsection for all districts exceeds the sum of the amounts
444+5 previously appropriated by the general assembly to the
445+6 development authority for rail projects (including any amounts
446+7 appropriated for debt service payments made by the Indiana
447+8 finance authority for a rail project).
448+9 (e) Beginning in the following calendar year, the auditor of state
449+10 shall distribute from a district's account within the local income tax
450+11 increment fund to the development authority or redevelopment
451+12 commission, in the case of a district located in a cash participant
452+13 county, on or before the twentieth day of each month one-twelfth (1/12)
453+14 of March 1, the lesser of:
454+15 (1) the amount of local income tax increment revenue specified
455+16 by the development authority or redevelopment commission; or
456+17 (2) the certified local income tax increment revenue amount for
457+18 that district.
458+19 (f) The development authority or redevelopment commission shall
459+20 deposit the local income tax increment revenue it receives in the
460+21 appropriate district account in the south shore improvement and
461+22 development fund.
462+23 (g) Notwithstanding subsection (a), if the department
463+24 determines that an amount determined under section 7, 8, 9, 10, 13,
464+25 or 14 of this chapter is in error, the department shall redetermine
465+26 any erroneous amounts and notify the budget agency and
466+27 development authority of any redetermination. If the department
467+28 determines that the redetermination of an amount affects
468+29 incremental tax amounts determined under subsection (b), the
469+30 department shall recompute the incremental tax amounts and
470+31 make any necessary adjustments to distributions or computations
471+32 to reflect any redetermination.
472+33 (h) A municipality that includes more than one (1) transit
473+34 development district may share its increment revenue among the
474+35 transit development districts upon approval of the legislative body
475+36 of the municipality.
476+37 SECTION 13. IC 36-7.5-6 IS ADDED TO THE INDIANA CODE
477+38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
478+39 JULY 1, 2023]:
479+40 Chapter 6. Blighted Property Demolition Fund
480+41 Sec. 1. As used in this chapter, "blighted" means real property,
481+42 including a building or structure on the real property, that is no
482+ES 434—LS 7313/DI 125 11
483+1 longer in acceptable or beneficial condition to its community and
484+2 has lost its value as a social good or economic commodity or its
485+3 functional status as a livable space. The term includes a vacant lot.
486+4 Sec. 2. As used in this chapter, "fund" refers to the blighted
487+5 property demolition fund established by section 4 of this chapter.
488+6 Sec. 3. As used in this chapter, "qualified property" means
489+7 commercial or residential real property, including a structure or
490+8 building located on the real property, that:
491+9 (1) is the subject of an order for demolition and removal
492+10 issued under IC 36-7-9-5(a)(6) or IC 36-7-9-5(a)(7);
493+11 (2) is:
494+12 (A) vacant or abandoned;
495+13 (B) blighted; or
496+14 (C) otherwise structurally damaged; and
497+15 (3) poses a public health or safety risk in the community,
498+16 including by contributing to crime.
499+17 Sec. 4. (a) The blighted property demolition fund is established
500+18 to provide grants to the city of Gary to demolish qualified
501+19 properties.
502+20 (b) The fund consists of:
503+21 (1) appropriations from the general assembly;
504+22 (2) available federal funds;
505+23 (3) transfers of money under IC 4-33-13-2.5(b)(1);
506+24 (4) deposits required under section 5(a) and 5(b) of this
507+25 chapter; and
508+26 (5) gifts, grants, donations, or other contributions from any
509+27 other public or private source.
510+28 (c) The development authority shall administer the fund.
511+29 (d) The treasurer of state shall invest the money in the fund not
512+30 currently needed to meet the obligations of the fund in the same
513+31 manner as other public funds may be invested.
514+32 (e) The money remaining in the fund at the end of a state fiscal
515+33 year does not revert to the state general fund.
516+34 (f) Money in the fund is continuously appropriated for the
517+35 purposes of this chapter.
518+36 (g) Subject to budget committee review, but except as provided
519+37 in section 5(c) of this chapter, the development authority may
520+38 receive reimbursement for expenses incurred and a reasonable and
521+39 customary amount for providing administrative services from
522+40 money in the fund.
523+41 Sec. 5. (a) In each state fiscal year beginning after June 30, 2023,
524+42 the city of Gary shall transfer up to three million dollars
525+ES 434—LS 7313/DI 125 12
526+1 ($3,000,000) to the development authority for deposit in the fund.
527+2 (b) In each state fiscal year beginning after June 30, 2023, and
528+3 ending before July 1, 2025, the development authority shall deposit
529+4 three million dollars ($3,000,000) in the fund from reserve amounts
530+5 held by the development authority.
531+6 (c) After June 30, 2025, but not later than July 1, 2026, the
532+7 development authority shall be reimbursed for all amounts
533+8 deposited under subsection (b) using money in the fund. Budget
534+9 committee review is not required for reimbursement under this
535+10 subsection.
536+11 Sec. 6. (a) The development authority shall use the money in the
537+12 fund to provide grants to the city of Gary for use in paying the
538+13 reasonable and necessary costs associated with demolishing a
539+14 qualified property located in the territory of a current or future
540+15 transit development district or in the area surrounding the Gary
541+16 Metro Center, including:
542+17 (1) demolition costs;
543+18 (2) permit fees;
544+19 (3) abatement of any hazardous materials;
545+20 (4) air monitoring at demolition sites;
546+21 (5) site grading; or
547+22 (6) replacement of damaged sidewalk, including any
548+23 associated work.
549+24 (b) If the amount of money in the fund is greater than the
550+25 amount needed for the purpose described in subsection (a), as
551+26 determined by the development authority, the development
552+27 authority may use money in the fund:
553+28 (1) to provide grants to the city of Gary for paying reasonable
554+29 and necessary costs, as described in subsection (a), that are
555+30 associated with demolishing a qualified property located in an
556+31 area that is contiguous to the territory of a current or future
557+32 transit development district; or
558+33 (2) for purposes of preliminary planning and design of the
559+34 Gary Metro Center revitalization project.
560+35 (c) Money in the fund may not be used for any of the following
561+36 purposes:
562+37 (1) City administrative costs, including project management.
563+38 (2) Property acquisition or redevelopment.
564+39 Sec. 7. The city of Gary may apply to the development authority
565+40 for a grant from the fund in the manner prescribed by the
566+41 development authority. The city of Gary shall submit to the
567+42 development authority any information that the development
568+ES 434—LS 7313/DI 125 13
569+1 authority determines is necessary.
570+2 Sec. 8. The city of Gary shall provide reports to the development
571+3 authority concerning the work completed, a detailed accounting of
572+4 projects, project milestones, and other relevant information. The
573+5 development authority may determine the frequency of the
574+6 reporting required under this section.
575+7 Sec. 9. The development authority shall quarterly report to the
576+8 budget committee on all uses of money in the fund, including
577+9 grants provided and grant amounts.
578+10 Sec. 10. This chapter expires July 1, 2050.
579+11 SECTION 14. IC 36-7.5-7 IS ADDED TO THE INDIANA CODE
580+12 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
581+13 JULY 1, 2023]:
582+14 Chapter 7. Lake County Convention and Economic
583+15 Development Convention Fund
584+16 Sec. 1. As used in this chapter, "commuter transportation
585+17 district" means the northern Indiana commuter transportation
586+18 district established under IC 8-5-15.
587+19 Sec. 2. As used in this chapter, "convention center authority"
588+20 refers to the Lake County convention center authority established
589+21 under section 9 of this chapter.
590+22 Sec. 3. As used in this chapter, "convention fund" means the
591+23 Lake County convention and economic development convention
592+24 fund established by section 5 of this chapter.
593+25 Sec. 4. As used in this chapter, "reserve fund" means the Lake
594+26 County convention and event center reserve fund established by
595+27 section 10 of this chapter.
596+28 Sec. 5. (a) The Lake County convention and economic
597+29 development convention fund is established. The fund shall be
598+30 administered by the development authority.
599+31 (b) The convention fund consists of:
600+32 (1) deposits under IC 4-33-13-2.5(b)(2);
601+33 (2) deposits under subsection (c);
602+34 (3) appropriations to the fund;
603+35 (4) gifts, grants, loans, bond proceeds, and other money
604+36 received for deposit in the fund; and
605+37 (5) other deposits or transfers of funds from local units
606+38 located in Lake County.
607+39 (c) If a proposal is approved as provided under this chapter,
608+40 each state fiscal year, beginning with the first state fiscal year that
609+41 begins after the proposal is approved, the approved entity shall
610+42 deposit up to five million dollars ($5,000,000) in the convention
611+ES 434—LS 7313/DI 125 14
612+1 fund.
613+2 (d) The development authority shall administer money,
614+3 including determining amounts to be used and the specific
615+4 purposes, from the convention fund.
616+5 (e) Except as provided in section 8(d) of this chapter, the money
617+6 remaining in the convention fund at the end of a state fiscal year
618+7 does not revert to the state general fund.
619+8 (f) Money in the convention fund is continuously appropriated
620+9 for the purposes of this chapter.
621+10 (g) Subject to budget committee review, but except as provided
622+11 in subsection (i), the development authority may receive
623+12 reimbursement for expenses incurred and a reasonable and
624+13 customary amount for providing administrative services from
625+14 money in the convention fund.
626+15 (h) The development authority shall quarterly report to the
627+16 budget committee on all uses of money in the convention fund and
628+17 the status of the convention and event center project.
629+18 (i) The development authority shall conduct an updated
630+19 feasibility study related to a potential convention and event center
631+20 located in Lake County. The development authority shall be
632+21 reimbursed for the costs of obtaining the updated feasibility study
633+22 from money in the fund. Budget committee review is not required
634+23 for reimbursement under this subsection.
635+24 Sec. 6. (a) Money in the convention fund may be used only for
636+25 the following:
637+26 (1) To acquire, improve, prepare, modernize, construct,
638+27 repair, demolish, and equip a convention center located in
639+28 Lake County.
640+29 (2) To pay the principal and interest on any obligations,
641+30 including bonds or leases and development costs, incurred by
642+31 the development authority for the purpose of financing or
643+32 refinancing the development of a convention center located in
644+33 Lake County.
645+34 (3) To establish, augment, or restore a debt service reserve for
646+35 obligations described in this subsection.
647+36 (4) If the development authority determines excess money
648+37 exists in the convention fund, for improvements to the
649+38 convention center and around the convention center.
650+39 (b) Money in the convention fund may not be used to pay
651+40 operating expenses.
652+41 Sec. 7. A public-private agreement may be entered into for
653+42 purposes of operating and maintaining a convention center located
654+ES 434—LS 7313/DI 125 15
655+1 in Lake County.
656+2 Sec. 8. (a) Beginning July 1, 2023, the Lake County board of
657+3 commissioners shall begin accepting proposals for the
658+4 development, operation, and an ownership share in a Lake County
659+5 convention and event center from any entity qualified to fund and
660+6 operate a convention and event center, including local political
661+7 subdivisions. Subject to subsection (d), timely proposals shall be
662+8 submitted not later than May 31, 2024. A proposal must include at
663+9 least the following:
664+10 (1) Any variance in the entity's proposal from what is
665+11 described in the updated feasibility study prepared under
666+12 section 5(i) of this chapter as the variance is related to a
667+13 return on investment analysis, including anticipated income
668+14 generated countywide, peripheral investment anticipated to
669+15 result from the project, or anticipated gross retail tax revenue
670+16 to be generated from the project.
671+17 (2) The uses that the convention and event center will
672+18 accommodate.
673+19 (3) Acknowledgment that in order to secure money from the
674+20 convention fund and reserve fund, the Lake County
675+21 convention center authority, as described in section 9 of this
676+22 chapter, will share in ownership of the convention and event
677+23 center.
678+24 (4) An operating plan, including information concerning:
679+25 (A) any third party entity expected to manage and operate
680+26 the facility;
681+27 (B) any professional experience with convention center
682+28 operations;
683+29 (C) any professional experience with facility management;
684+30 and
685+31 (D) any experience with efficiency programs used for
686+32 managing operating costs and capital expenditures.
687+33 (5) An anticipated operating budget for the facility, including
688+34 the financing of any operational shortfall and pro forma
689+35 operating statements for the first five (5) years of operations.
690+36 (6) Any documents related to vendor agreements, leases,
691+37 partnerships, and financing plans and commitments.
692+38 (7) Any proposed or available hotel accommodations that may
693+39 be dedicated for the promotion and sales of the convention
694+40 and event center, and not for promotional uses for any other
695+41 associated facility.
696+42 (8) Any other information considered necessary by the Lake
697+ES 434—LS 7313/DI 125 16
698+1 County board of commissioners.
699+2 (b) Proposals shall be submitted to the Lake County board of
700+3 commissioners and reviewed for completeness, adherence to the
701+4 requirements under this section, and evaluation of the materials
702+5 submitted.
703+6 (c) The Lake County board of commissioners shall hold public
704+7 hearings concerning proposals submitted and for the selection of
705+8 any professional advisers to be used in approval of a proposal.
706+9 (d) If a proposal is approved, the Lake County board of
707+10 commissioners shall adopt a resolution to that effect not later than
708+11 December 1, 2024. If no proposal is approved before December 1,
709+12 2024, proposals may continue to be submitted to the Lake County
710+13 board of commissioners for review. However, if no proposal is
711+14 approved before January 1, 2028, no additional proposals may be
712+15 accepted, and any money in the fund reverts to the state general
713+16 fund.
714+17 Sec. 9. (a) If a proposal is approved under section 8 of this
715+18 chapter, following the approval of the proposal, the Lake County
716+19 convention center authority is established for the purpose of
717+20 holding an equal share of ownership of the Lake County
718+21 convention and event center with the entity whose proposal is
719+22 approved and for providing general oversight of the upkeep,
720+23 improvements, and management team as outlined in the accepted
721+24 proposal. Subject to subsection (e), the convention center authority
722+25 consists of seven (7) members, appointed as follows:
723+26 (1) Three (3) members appointed by the entity whose proposal
724+27 is approved under section 8 of this chapter.
725+28 (2) Three (3) members appointed by the Lake County board
726+29 of commissioners.
727+30 (3) One (1) member appointed by the governor.
728+31 Individuals appointed to the convention center authority must have
729+32 professional experience in commercial facility management.
730+33 (b) The term of office for a member of the board is two (2)
731+34 years. The term begins July 1 of the year in which the member is
732+35 appointed and ends on June 30 of the second year following the
733+36 member's appointment. A member may be reappointed after the
734+37 member's term has expired.
735+38 (c) A vacancy in membership must be filled in the same manner
736+39 as the original appointment. Appointments made to fill a vacancy
737+40 that occurs before the expiration of a term are for the remainder
738+41 of the unexpired term.
739+42 (d) The member appointed under subsection (a)(3) shall serve
740+ES 434—LS 7313/DI 125 17
741+1 as the chairperson of the convention center authority. The
742+2 convention center authority shall meet at the call of the
743+3 chairperson.
744+4 (e) An individual may not be appointed to the convention center
745+5 authority if the individual is a party to a contract or agreement
746+6 with the entity whose proposal is approved, is employed by the
747+7 entity whose proposal is approved, or otherwise has a direct or
748+8 indirect financial interest in the entity whose proposal is approved
749+9 under this chapter.
750+10 Sec. 10. (a) A local county fund known as the Lake County
751+11 convention and event center reserve fund is established to pay for:
752+12 (1) additions;
753+13 (2) refurbishment; and
754+14 (3) budget shortfalls or other unusual costs;
755+15 of a convention and event center that is constructed using money
756+16 from the convention fund under this chapter.
757+17 (b) The reserve fund consists of:
758+18 (1) transfers under IC 6-9-2-1.5(c); and
759+19 (2) gifts, grants, donations, or other contributions from any
760+20 other public or private source.
761+21 (c) The convention center authority shall administer the reserve
762+22 fund.
763+23 Sec. 11. (a) With respect to projects undertaken by the
764+24 development authority under this chapter, the development
765+25 authority shall set a goal for participation by minority business
766+26 enterprises of fifteen percent (15%) and women's business
767+27 enterprises of five percent (5%), consistent with the goals of
768+28 delivering the project on time and within the budgeted amount
769+29 and, insofar as possible, using Indiana businesses for employees,
770+30 goods, and services. In fulfilling the goal, the development
771+31 authority shall take into account historical precedents in the same
772+32 market.
773+33 (b) In addition to the provisions of subsection (a), with respect
774+34 to construction and demolition projects undertaken by the
775+35 development authority under this chapter, the development
776+36 authority shall set a goal for hiring at least twenty percent (20%)
777+37 of employees from local units:
778+38 (1) located within the boundaries of the development
779+39 authority; and
780+40 (2) with an unemployment rate that exceeds the statewide
781+41 unemployment rate by more than twenty percent (20%).
782+42 Sec. 12. This chapter expires July 1, 2050.
783+ES 434—LS 7313/DI 125 18
784+1 SECTION 15. IC 36-7.5-8 IS ADDED TO THE INDIANA CODE
785+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
786+3 JULY 1, 2023]:
787+4 Chapter 8. Gary Metro Center Station Revitalization Fund
788+5 Sec. 1. As used in this chapter, "board" refers to the Gary
789+6 Metro Center station revitalization project board established by
790+7 section 7 of this chapter.
791+8 Sec. 2. As used in this chapter, "fund" refers to the Gary Metro
792+9 Center station revitalization fund established by section 3 of this
793+10 chapter.
794+11 Sec. 3. (a) The Gary Metro Center station revitalization fund is
795+12 established to provide funding for the Gary Metro Center
796+13 revitalization project.
797+14 (b) The fund consists of:
798+15 (1) appropriations from the general assembly;
799+16 (2) available federal funds;
800+17 (3) transfers of money under IC 4-33-13-2.5(b)(3);
801+18 (4) deposits required under section 4 of this chapter; and
802+19 (5) gifts, grants, donations, or other contributions from any
803+20 other public or private source.
804+21 (c) The development authority shall administer the fund.
805+22 (d) The money remaining in the fund at the end of a state fiscal
806+23 year does not revert to the state general fund.
807+24 (e) Money in the fund is continuously appropriated for the
808+25 purposes of this chapter.
809+26 (f) Subject to budget committee review, the development
810+27 authority may receive reimbursement for expenses incurred and
811+28 a reasonable and customary amount for providing administrative
812+29 services from money in the fund.
813+30 Sec. 4. In each state fiscal year beginning after June 30, 2025,
814+31 the city of Gary shall transfer up to three million dollars
815+32 ($3,000,000) to the development authority for deposit in the fund.
816+33 Sec. 5. (a) The city of Gary shall enter into an agreement with
817+34 the licensed owner operating a riverboat sited at a location
818+35 approved under IC 4-33-6-4.5 for a term of twenty-five (25) years,
819+36 concerning agreed upon contributions of up to three million dollars
820+37 ($3,000,000) in order to obtain state matching grants and the
821+38 issuance of bonds for the Gary Metro Center station revitalization
822+39 project.
823+40 (b) The city of Gary and the development authority shall apply
824+41 for all available federal grants to defer the cost of construction for
825+42 the Gary metro center station revitalization project.
826+ES 434—LS 7313/DI 125 19
827+1 (c) The northern Indiana commuter transportation district
828+2 established under IC 8-5-15 shall pursue federal funding for the
829+3 purposes of modernizing the Gary metro train platform.
830+4 Sec. 6. (a) The development authority shall use the money in the
831+5 fund for planning costs, design costs, engineering costs, and
832+6 architectural costs, and to provide matching funds needed for
833+7 federal matching grants for the demolition and reconstruction of
834+8 the Gary Metro Center station. The development authority shall
835+9 reconstruct the Gary Metro Center station and coordinate among
836+10 the several transit authorities, the city of Gary, and the federal
837+11 government in accomplishing the replacement of the facility.
838+12 (b) If the amount of money in the fund is greater than the
839+13 amount needed for the purposes described in subsection (a), as
840+14 determined by the development authority, the development
841+15 authority may use money in the fund:
842+16 (1) to provide grants to the city of Gary for paying reasonable
843+17 and necessary costs associated with demolishing a qualified
844+18 property (as defined in IC 36-7.5-6-3) located in an area that
845+19 is contiguous to the territory of a current or future transit
846+20 development district;
847+21 (2) for purposes of revitalizing property contiguous to the
848+22 territory of a current or future transit development district;
849+23 (3) for other costs related to expansion of the Gary Metro
850+24 Center station; and
851+25 (4) for purposes of paying expenses for enhancing public
852+26 safety in the area immediately surrounding the Gary Metro
853+27 Center station and within the established transit development
854+28 district.
855+29 Sec. 7. (a) The Gary Metro Center station revitalization project
856+30 board is established.
857+31 (b) Subject to subsection (f), the board consists of the following
858+32 seven (7) members:
859+33 (1) Three (3) members appointed by the executive of the city
860+34 of Gary.
861+35 (2) Three (3) members appointed by the development
862+36 authority.
863+37 (3) One (1) member appointed by the governor.
864+38 Individuals appointed to the board must have professional
865+39 experience in commercial facility management.
866+40 (c) Ownership of the Gary Metro Center station shall be held by
867+41 the board.
868+42 (d) The board shall provide oversight of the ongoing
869+ES 434—LS 7313/DI 125 20
870+1 maintenance and operation of the Gary Metro Center station.
871+2 (e) The member appointed under subsection (a)(3) shall serve as
872+3 the chairperson of the board. The board shall meet at the call of the
873+4 chairperson.
874+5 (f) An individual may not be appointed to the board if the
875+6 individual is a party to a contract or agreement with an entity
876+7 involved in the reconstruction of the Gary Metro Center station, is
877+8 employed by an entity involved in the reconstruction of the Gary
878+9 Metro Center station, or otherwise has a direct or indirect
879+10 financial interest in an entity involved in the reconstruction of the
880+11 Gary Metro Center station.
881+12 Sec. 8. (a) The term of office for a member of the board is two
882+13 (2) years. The term begins July 1 of the year in which the member
883+14 is appointed and ends on June 30 of the second year following the
884+15 member's appointment. A member may be reappointed after the
885+16 member's term has expired.
886+17 (b) A vacancy in membership must be filled in the same manner
887+18 as the original appointment. Appointments made to fill a vacancy
888+19 that occurs before the expiration of a term are for the remainder
889+20 of the unexpired term.
890+21 Sec. 9. The development authority shall quarterly report to the
891+22 budget committee on all uses of money in the fund, including
892+23 grants provided and grant amounts.
893+ES 434—LS 7313/DI 125 21
894+COMMITTEE REPORT
895+Madam President: The Senate Committee on Appropriations, to
896+which was referred Senate Bill No. 434, has had the same under
897+consideration and begs leave to report the same back to the Senate with
898+the recommendation that said bill be AMENDED as follows:
899+Page 1, line 9, delete "each month an amount equal to one million
900+five hundred thousand" and insert "up to ten million dollars
901+($10,000,000) in each state fiscal year".
902+Page 1, line 10, delete "dollars ($1,500,000)".
903+Page 1, line 13, after "IC 36-7.5-7-2." insert "The amount
904+deposited each state fiscal year under this section must be matched
905+on a dollar for dollar basis by revenues contributed under a local
906+development agreement by the licensed owner operating a
907+riverboat sited at a location approved under IC 4-33-6-4.5.".
908+Page 1, between lines 13 and 14, begin a new paragraph and insert:
909+"(c) This section expires July 1, 2045.".
910+Page 1, after line 17, begin a new paragraph and insert:
911+"SECTION 3. IC 5-20-11 IS ADDED TO THE INDIANA CODE
912+AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
913+JULY 1, 2023]:
914+Chapter 11. Blighted Property Demolition Fund
915+Sec. 1. As used in this chapter, "authority" refers to the Indiana
916+housing and community development authority created by
917+IC 5-20-1-3.
918+Sec. 2. As used in this chapter, "blighted" means real property,
919+including a building or structure on the real property, that is no
920+longer in acceptable or beneficial condition to its community and
921+has lost its value as a social good or economic commodity or its
922+functional status as a livable space. The term includes a vacant lot.
923+Sec. 3. As used in this chapter, "eligible entity" means the city
924+of Gary.
925+Sec. 4. As used in this chapter, "fund" refers to the blighted
926+property demolition fund established by section 6 of this chapter.
927+Sec. 5. As used in this chapter, "qualified property" means
928+commercial or residential real property, including a structure or
929+building located on the real property, that:
930+(1) is the subject of an order for demolition and removal
931+issued under IC 36-7-9-5(a)(6) or IC 36-7-9-5(a)(7);
932+(2) is:
933+(A) vacant or abandoned;
934+(B) blighted; or
935+(C) otherwise structurally damaged; and
936+ES 434—LS 7313/DI 125 22
937+(3) poses a public health or safety risk in the community,
938+including by contributing to crime.
939+Sec. 6. (a) The blighted property demolition fund is established
940+to provide grants to the eligible entity to demolish qualified
941+properties.
942+(b) The fund consists of:
943+(1) appropriations from the general assembly;
944+(2) federal funds;
945+(3) transfers of money under IC 36-7.5-7-5(a)(3); and
946+(4) gifts, grants, donations, or other contributions from any
947+other public or private source.
948+(c) The authority shall administer the fund.
949+(d) The treasurer of state shall invest the money in the fund not
950+currently needed to meet the obligations of the fund in the same
951+manner as other public funds may be invested.
952+(e) The money remaining in the fund at the end of a state fiscal
953+year does not revert to the state general fund.
954+(f) Money in the fund is continuously appropriated for the
955+purposes of this chapter.
956+Sec. 7. (a) The authority shall use the money in the fund to
957+provide grants to the eligible entity for use in paying the
958+reasonable and necessary costs associated with demolishing a
959+qualified property, such as:
960+(1) demolition costs;
961+(2) permit fees;
962+(3) abatement of any hazardous materials;
963+(4) air monitoring at demolition sites;
964+(5) site grading; or
965+(6) replacement of damaged sidewalk, including any
966+associated work.
967+(b) Money in the fund may not be used for any of the following
968+purposes:
969+(1) Project administration, including project management.
970+(2) Property acquisition or redevelopment.
971+Sec. 8. If the eligible entity seeks a grant from the fund, the
972+eligible entity shall apply to the authority in the manner prescribed
973+by the authority. The eligible entity shall submit to the authority
974+any other information that the authority determines is necessary
975+to determine whether it may receive a grant from the fund.
976+Sec. 9. The authority shall establish the maximum grant amount
977+that may be awarded to an eligible entity.
978+Sec. 10. The eligible entity that receives a grant from the fund
979+ES 434—LS 7313/DI 125 23
980+shall report to the authority detailing the work completed, a
981+detailed accounting of the project, project milestones, and other
982+relevant information. The authority may determine the frequency
983+of the reporting required under this section.
984+Sec. 11. The authority may adopt rules under IC 4-22-2 to
985+implement this chapter.
986+Sec. 12. This chapter expires July 1, 2045.".
987+Page 3, line 1, delete "and 1.5(d)".
988+Page 3, line 8, after "rate." insert "If the county imposes the
989+additional tax rate authorized by this section, the additional tax
990+rate terminates on July 1, 2045.".
991+Page 3, delete lines 33 through 39, begin a new paragraph and
992+insert:
993+"(d) This section expires July 1, 2045.".
994+Page 4, line 1, delete "paid according to section 1.5(c)(1) or 1.5(d)
995+of this chapter." and insert "received under section 1.5 of this
996+chapter.".
997+Page 7, line 7, delete "jointly".
998+Page 7, line 8, delete "authority and the commuter transportation
999+district." and insert "authority.".
1000+Page 7, delete lines 17 through 18.
1001+Page 7, line 19, delete "6." and insert "5.".
1002+Page 7, line 19, delete "section 7" and insert "section 6".
1003+Page 7, line 22, delete "maintain,".
1004+Page 7, line 22, delete "operate, furnish,".
1005+Page 7, line 25, delete "(b)," and insert "(c),".
1006+Page 7, line 30, after "including" insert "bonds or".
1007+Page 7, line 34, delete "(b)," and insert "(c),".
1008+Page 7, between lines 37 and 38, begin a new line block indented
1009+and insert:
1010+"(3) For the purposes of transferring money to the blighted
1011+property demolition fund established by IC 5-20-11-6.
1012+(4) Public safety expenses.".
1013+Page 7, line 38, delete "(3)" and insert "(5)".
1014+Page 7, between lines 39 and 40, begin a new paragraph and insert:
1015+"(b) Money in the fund may not be used to pay operating
1016+expenses other than public safety expenses as set forth in this
1017+section.".
1018+Page 7, line 40, delete "(b)" and insert "(c)".
1019+Page 8, line 2, delete "7." and insert "6.".
1020+Page 8, line 4, delete "section 6" and insert "section 5".
1021+Page 8, line 5, after "chapter" insert ".".
1022+ES 434—LS 7313/DI 125 24
1023+Page 8, line 5, delete "related to a convention center located in the
1024+city of Gary".
1025+Page 8, delete line 6.
1026+Page 8, line 7, delete "8." and insert "7.".
1027+Page 8, line 10, delete "9." and insert "8.".
1028+Page 8, line 29, delete "10." and insert "9.".
1029+Page 8, line 31, delete "11." and insert "10.".
1030+Page 8, delete lines 33 through 39, begin a new paragraph and
1031+insert:
1032+"Sec. 11. This chapter expires July 1, 2045.".
1033+Renumber all SECTIONS consecutively.
1034+and when so amended that said bill do pass.
1035+(Reference is to SB 434 as introduced.)
1036+MISHLER, Chairperson
1037+Committee Vote: Yeas 14, Nays 0.
1038+SENATE MOTION
1039+Madam President: I move that Senate Bill 434 be amended to read
1040+as follows:
1041+Page 1, line 13, delete "IC 36-7.5-7-2." and insert "IC 36-7.5-7-3.".
1042+Page 1, line 13, delete "The amount".
1043+Page 1, delete lines 14 through 17, begin a new paragraph and
1044+insert:
1045+"(c) The amount deposited each state fiscal year under this
1046+section must be matched locally on a dollar for dollar basis.
1047+(d) Budget committee review is required before any money may
501048 be:
51-(1) matched under subsection (b); and
52-(2) released to any of the following funds:
53-(A) The blighted property demolition fund established by
54-IC 36-7.5-6-4.
55-(B) The Lake County economic development and
56-convention fund established by IC 36-7.5-7-5.
57-(C) The Gary Metro Center station revitalization fund
58-established by IC 36-7.5-8-3.
59-(d) The northwest Indiana regional development authority
60-established by IC 36-7.5-2-1 shall provide any information to the
61-department that the department determines is necessary for the
62-department to carry out this section.
63-(e) This section expires July 1, 2050.
64-SECTION 2. IC 4-33-13-3 IS AMENDED TO READ AS
65-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. Except as provided
66-in section 2.5 of this chapter, the department shall deposit tax revenue
67-collected under this chapter in the state gaming fund.
68-SECTION 3. IC 6-9-2-1, AS AMENDED BY THE TECHNICAL
69-CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
70-AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
71-Sec. 1. (a) A county having a population of more than four hundred
72-thousand (400,000) but and less than seven hundred thousand
73-(700,000) that establishes a medical center development agency
74-pursuant to IC 16-23.5-2 may levy each year a tax on every person
75-engaged in the business of renting or furnishing, for periods of less than
76-thirty (30) days by the same party in the same room, any room or
77-rooms, lodgings, or accommodations, in any hotel, motel, inn, tourist
78-camp, tourist cabin, or any other place in which rooms, lodgings, or
79-accommodations are regularly furnished for a consideration.
80-SEA 434 — CC 1 3
81-(b) Except as provided in section 1.5 of this chapter, such tax
82-shall be at a rate of five percent (5%) on the gross retail income derived
83-therefrom and is in addition to the state gross retail tax imposed on the
84-retail transaction.
85-(c) The county fiscal body may adopt an ordinance to require that
86-the tax shall be paid monthly to the county treasurer. Except as
87-provided in section 1.5 of this chapter, if such an ordinance is
88-adopted. The adopted, the tax shall be paid to the county treasurer not
89-more than twenty (20) days after the end of the month the tax is
90-collected. If such an ordinance is not adopted, the tax shall be imposed,
91-paid, and collected in exactly the same manner as the state gross retail
92-tax is imposed, paid, and collected.
93-(d) All of the provisions of the state gross retail tax (IC 6-2.5)
94-relating to rights, duties, liabilities, procedures, penalties, definitions,
95-exemptions, and administration shall be applicable to the imposition
96-and administration of the tax imposed by this section except to the
97-extent such provisions are in conflict or inconsistent with the specific
98-provisions of this chapter or the requirements of the county treasurer.
99-Specifically and not in limitation of the foregoing sentence, the terms
100-"person" and "gross retail income" shall have the same meaning in this
101-section as they have in the state gross retail tax (IC 6-2.5). If the tax is
102-paid to the department of state revenue, the returns to be filed for the
103-payment of the tax under this section may be either a separate return or
104-may be combined with the return filed for the payment of the state
105-gross retail tax as the department of state revenue may, by rule,
106-determine.
107-(e) If the tax is paid to the department of state revenue, the amounts
108-received from the tax shall be paid by the end of the next succeeding
109-month by the treasurer of state to the county treasurer upon warrants
110-issued by the auditor of state. Except as provided in section 1.5(c) of
111-this chapter, the county treasurer shall deposit the revenue received
112-under this chapter as provided in section 2 of this chapter.
113-SECTION 4. IC 6-9-2-1.5 IS ADDED TO THE INDIANA CODE
114-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
115-1, 2023]: Sec. 1.5. (a) After June 30, 2023, the county fiscal body
116-may adopt an ordinance to increase the tax rate imposed under
117-section 1 of this chapter by not more than an additional five
118-percent (5%). If the county imposes the additional tax rate
119-authorized by this section, the additional tax rate terminates on
120-July 1, 2050.
121-(b) If the county fiscal body adopts an ordinance under this
122-section:
123-SEA 434 — CC 1 4
124-(1) it shall immediately send a certified copy of the ordinance
125-to the department of state revenue; and
126-(2) the increase applies to transactions after the last day of the
127-month in which the ordinance is adopted, if the county fiscal
128-body adopts the ordinance on or before the fifteenth day of a
129-month. If the county fiscal body adopts the ordinance after
130-the fifteenth day of a month, the tax applies to transactions
131-after the last day of the month following the month in which
132-the ordinance is adopted.
133-The increase in the tax imposed under this section continues in
134-effect unless the increase is rescinded.
135-(c) The amounts received from an increase adopted under this
136-section shall be deposited in the Lake County convention and event
137-center reserve fund established by IC 36-7.5-7-10 to be used for the
138-purposes of the Lake County convention and event center reserve
139-fund.
140-(d) This section expires July 1, 2050.
141-SECTION 5. IC 6-9-2-2, AS AMENDED BY P.L.104-2022,
1049+(1) matched under subsection (c); and
1050+(2) released from the Lake County convention and economic
1051+development fund established by IC 36-7.5-7-3.".
1052+Page 2, line 1, delete "(c)" and insert "(e)".
1053+Page 2, line 1, delete "2045." and insert "2050.".
1054+Page 3, line 37, delete "2045." and insert "2050.".
1055+Page 5, line 4, delete "2045." and insert "2050.".
1056+Page 5, line 20, delete "Except as provided in subsection (d), the"
1057+and insert "The".
1058+ES 434—LS 7313/DI 125 25
1059+Page 5, line 21, delete "to the South Shore".
1060+Page 5, line 22, delete "convention and visitors authority".
1061+Page 5, line 24, delete "IC 36-7.5-7-2" and insert "IC 36-7.5-7-3".
1062+Page 5, line 29, delete "2045." and insert "2050.".
1063+Page 5, delete lines 30 through 42, begin a new paragraph and
1064+insert:
1065+"SECTION 6. IC 6-9-2-2, AS AMENDED BY P.L.104-2022,
1421066 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1431067 JULY 1, 2023]: Sec. 2. (a) This section does not apply to any
144-revenue received from an increase adopted under section 1.5 of this
145-chapter.
1068+revenue paid according to section 1.5(c)(1) of this chapter.
1461069 (b) The revenue received by the county treasurer under this chapter
1471070 shall be allocated to the Lake County convention and visitor bureau,
1481071 Indiana University-Northwest, Purdue University Northwest, municipal
1491072 public safety departments, municipal physical and economic
1501073 development divisions, and the cities and towns in the county as
1511074 provided in this section. Subsections (b) through (g) (c) through (h) do
1521075 not apply to the distribution of revenue received under section 1 of this
1531076 chapter from hotels, motels, inns, tourist camps, tourist cabins, and
1541077 other lodgings or accommodations built or refurbished after June 30,
1551078 1993, that are located in the city of Gary.
1561079 (b) (c) The Lake County convention and visitor bureau shall
1571080 establish a convention, tourism, and visitor promotion fund (referred
1581081 to in this chapter as the "promotion fund"). The county treasurer shall
1591082 transfer to the Lake County convention and visitor bureau for deposit
1601083 in the promotion fund thirty-five percent (35%) of the first one million
1611084 two hundred thousand dollars ($1,200,000) of revenue received from
1621085 the tax imposed under this chapter in each year. The promotion fund
1631086 consists of:
1641087 (1) money in the promotion fund on June 30, 2005;
1651088 (2) revenue deposited in the promotion fund under this subsection
166-SEA 434 — CC 1 5
1671089 after June 30, 2005; and
1681090 (3) investment income earned on the promotion fund's assets.
1691091 Money in the funds established by the bureau may be expended to
1701092 promote and encourage conventions, trade shows, special events,
1711093 recreation, and visitors. Money may be paid from the funds established
1721094 by the bureau, by claim in the same manner as municipalities may pay
1731095 claims under IC 5-11-10-1.6.
1741096 (c) (d) This subsection applies to the first one million two hundred
1751097 thousand dollars ($1,200,000) of revenue received from the tax
1761098 imposed under this chapter in each year. During each year, the county
1771099 treasurer shall transfer to Indiana University-Northwest forty-four and
1781100 thirty-three hundredths percent (44.33%) of the revenue received under
1101+ES 434—LS 7313/DI 125 26
1791102 this chapter for that year to be used as follows:
1801103 (1) Seventy-five percent (75%) of the revenue received under this
1811104 subsection may be used only for the university's medical
1821105 education programs.
1831106 (2) Twenty-five percent (25%) of the revenue received under this
1841107 subsection may be used only for the university's allied health
1851108 education programs.
1861109 (d) (e) This subsection applies to the first one million two hundred
1871110 thousand dollars ($1,200,000) of revenue received from the tax
1881111 imposed under this chapter in each year. During each year, the county
1891112 treasurer shall allocate among the cities and towns throughout the
1901113 county nine percent (9%) of the revenue received under this chapter for
1911114 that year as follows:
1921115 (1) Ten percent (10%) of the revenue covered by this subsection
1931116 shall be distributed to the city of Gary.
1941117 (2) Ten percent (10%) of the revenue covered by this subsection
1951118 shall be distributed to the city of Hammond.
1961119 (3) Ten percent (10%) of the revenue covered by this subsection
1971120 shall be distributed to the city of East Chicago.
1981121 (4) Seventy percent (70%) of the revenue covered by this
1991122 subsection shall be distributed in equal amounts to each town and
2001123 each city not receiving a distribution under subdivisions (1)
2011124 through (3).
2021125 The money distributed under this subsection may be used only for
2031126 tourism and economic development projects. The county treasurer shall
2041127 make the distributions on or before December 1 of each year.
2051128 (e) (f) This subsection applies to the first one million two hundred
2061129 thousand dollars ($1,200,000) of revenue received from the tax
2071130 imposed under this chapter in each year. During each year, the county
2081131 treasurer shall transfer to Purdue University Northwest nine percent
209-SEA 434 — CC 1 6
2101132 (9%) of the revenue received under this chapter for that year. The
2111133 money received by Purdue University Northwest may be used by the
2121134 university only for nursing education programs.
2131135 (f) (g) This subsection applies to the first one million two hundred
2141136 thousand dollars ($1,200,000) of revenue received from the tax
2151137 imposed under this chapter in each year. During each year, the county
2161138 treasurer shall transfer two and sixty-seven hundredths percent (2.67%)
2171139 of the revenue received under this chapter for that year to the following
2181140 cities:
2191141 (1) Fifty percent (50%) of the revenue covered by this subsection
2201142 shall be transferred to the city of Gary.
2211143 (2) Fifty percent (50%) of the revenue covered by this subsection
1144+ES 434—LS 7313/DI 125 27
2221145 shall be transferred to the city of Hammond.
2231146 Money transferred under this subsection may be used only for
2241147 convention facilities located within the city. In addition, the money may
2251148 be used only for facility marketing, sales, capital expenditures, and
2261149 public relations programs. Money transferred under this subsection
2271150 may not be used for salaries or facility operating costs or capital
2281151 expenditures related to the convention facilities. The county treasurer
2291152 shall make the transfers on or before December 1 of each year.
2301153 (g) (h) This subsection applies to the revenue received from the tax
2311154 imposed under this chapter in each year that exceeds one million two
2321155 hundred thousand dollars ($1,200,000). During each year, the county
2331156 treasurer shall distribute money in the promotion fund as follows:
2341157 (1) Eighty-five percent (85%) of the revenue covered by this
2351158 subsection shall be deposited in the convention, tourism, and
2361159 visitor promotion fund. The money deposited in the fund under
2371160 this subdivision may be used only for the purposes for which
2381161 other money in the fund may be used.
2391162 (2) Five percent (5%) of the revenue covered by this subsection
2401163 shall be transferred to Purdue University Northwest. The money
2411164 received by Purdue University Northwest under this subdivision
2421165 may be used by the university only for nursing education
2431166 programs.
2441167 (3) Five percent (5%) of the revenue covered by this subsection
2451168 shall be transferred to Indiana University-Northwest. The money
2461169 received by Indiana University-Northwest under this subdivision
2471170 may be used only for the university's medical education programs.
2481171 (4) Five percent (5%) of the revenue covered by this subsection
2491172 shall be transferred to Indiana University-Northwest. The money
2501173 received by Indiana University-Northwest under this subdivision
2511174 may be used only for the university's allied health education
252-SEA 434 — CC 1 7
2531175 programs.
2541176 (h) (i) This subsection applies only to the distribution of revenue
2551177 received from the tax imposed under section 1 of this chapter from
2561178 hotels, motels, inns, tourist camps, tourist cabins, and other lodgings or
2571179 accommodations built or refurbished after June 30, 1993, that are
2581180 located in the city of Gary. During each year, the county treasurer shall
2591181 transfer:
2601182 (1) seventy-five percent (75%) of the revenues under this
2611183 subsection to the department of public safety; and
2621184 (2) twenty-five percent (25%) of the revenues under this
2631185 subsection to the division of physical and economic development;
2641186 of the city of Gary.
1187+ES 434—LS 7313/DI 125 28
2651188 (i) (j) The Lake County convention and visitor bureau shall assist
2661189 the county treasurer, as needed, with the calculation of the amounts that
267-must be deposited and transferred under this section.
268-SECTION 6. IC 36-7.5-6 IS ADDED TO THE INDIANA CODE
1190+must be deposited and transferred under this section.".
1191+Delete pages 6 through 7.
1192+Page 8, delete lines 1 through 26.
1193+Page 9, line 11, delete "the city of Gary near a" and insert "Lake
1194+County; and".
1195+Page 9, delete lines 12 through 14.
1196+Page 9, line 18, delete "leases," and insert "leases and development
1197+costs,".
1198+Page 9, line 21, delete "the city of Gary near a" and insert "Lake
1199+County; and".
1200+Page 9, delete lines 22 through 24.
1201+Page 9, line 29, delete "expenses." and insert "expenses incurred
1202+by the city of Gary for:
1203+(A) overtime pay;
1204+(B) violent crime reduction programs;
1205+(C) equipment; and
1206+(D) other expenses incurred in providing public safety
1207+services.".
1208+Page 9, delete lines 35 through 38, begin a new paragraph and
1209+insert:
1210+"(c) A public-private agreement may be entered into for
1211+purposes of operating and maintaining a convention center located
1212+in Lake County.".
1213+Page 9, line 42, after "chapter." insert "Budget committee review
1214+is required before any money may be released from the fund.".
1215+Page 10, between lines 3 and 4, begin a new paragraph and insert:
1216+"Sec. 8. Before June 30, 2024, the development authority must
1217+submit to the Lake County council for the county council's
1218+approval a plan that contains the following information:
1219+(1) A study on the anticipated return on investment for the
1220+deposits under IC 4-33-13-2.5.
1221+(2) A plan for the following:
1222+(A) The financing and ownership of the convention center.
1223+(B) The operation of the convention center and the
1224+financing of any operational shortfall, and uses of any
1225+surplus.
1226+(3) All documents for agreements, leases, partnerships, and
1227+financing related to the convention center.".
1228+Page 10, line 4, delete "8." and insert "9.".
1229+Page 10, line 23, delete "9." and insert "10.".
1230+ES 434—LS 7313/DI 125 29
1231+Page 10, line 25, delete "10." and insert "11.".
1232+Page 10, line 27, delete "11." and insert "12.".
1233+Page 10, line 27, delete "2045." and insert "2050.".
1234+Renumber all SECTIONS consecutively.
1235+(Reference is to SB 434 as printed February 17, 2023.)
1236+NIEMEYER
1237+_____
1238+COMMITTEE REPORT
1239+Mr. Speaker: Your Committee on Ways and Means, to which was
1240+referred Senate Bill 434, has had the same under consideration and
1241+begs leave to report the same back to the House with the
1242+recommendation that said bill be amended as follows:
1243+Page 1, line 7, delete "in each state fiscal" and insert "the
1244+department shall deposit from the tax revenue remitted under this
1245+chapter by a licensed owner operating a riverboat sited at a
1246+location approved under IC 4-33-6-4.5 amounts as follows:
1247+(1) In each state fiscal year beginning after June 30, 2025, and
1248+ending before July 1, 2027, an amount equal to the amount
1249+deposited under IC 36-7.5-6-5(a) by the city of Gary in the
1250+blighted property demolition fund established by
1251+IC 36-7.5-6-4.
1252+(2) In each state fiscal year beginning after June 30, 2025, and
1253+ending before July 1, 2045, an amount equal to the amount
1254+deposited under IC 36-7.5-7-5(c) by an entity in the Lake
1255+County convention and economic development convention
1256+fund established by IC 36-7.5-7-5.
1257+(3) In each state fiscal year beginning after June 30, 2025, and
1258+ending before July 1, 2050, an amount equal to the amount
1259+deposited under IC 36-7.5-8-4 by the city of Gary in the Gary
1260+metro center station revitalization fund established by
1261+IC 36-7.5-8-3.
1262+Any amount of tax revenue remitted under this chapter by a
1263+licensed owner operating a riverboat sited at a location approved
1264+under IC 4-33-6-4.5 in a state fiscal year that exceeds the amount
1265+required for the deposits in this subsection for the state fiscal year
1266+must be deposited in the state gaming fund under section 3 of this
1267+chapter.
1268+(c) The northwest Indiana regional development authority
1269+ES 434—LS 7313/DI 125 30
1270+established by IC 36-7.5-2-1 shall provide any information to the
1271+department that the department determines is necessary for the
1272+department to carry out this section.".
1273+Page 1, delete lines 8 through 17.
1274+Page 2, delete lines 1 through 3.
1275+Page 2, line 4, delete "(e)" and insert "(d)".
1276+Page 2, delete lines 9 through 42.
1277+Page 3, delete lines 1 through 40.
1278+Page 5, line 5, delete "an additional five percent (5%) rate." and
1279+insert "not more than an additional five percent (5%).".
1280+Page 5, line 22, delete "paid according to the following allocations:"
1281+and insert "deposited in the Lake County convention and event
1282+center reserve fund established by IC 36-7.5-7-10 to be used for the
1283+purposes of the Lake County convention and event center reserve
1284+fund.".
1285+Page 5, delete lines 23 through 30.
1286+Page 5, line 35, delete "paid according to section 1.5(c)(1) of this
1287+chapter." and insert "received from an increase adopted under
1288+section 1.5 of this chapter.".
1289+Page 8, between lines 28 and 29, begin a new paragraph and insert:
1290+"SECTION 6. IC 36-7.5-4.5-7, AS ADDED BY P.L.248-2017,
1291+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1292+JULY 1, 2023]: Sec. 7. As used in this chapter, "gross retail tax base
1293+period amount" means the aggregate amount of state gross retail taxes
1294+remitted under IC 6-2.5 by retail merchants for the calendar year that
1295+precedes the date on in which the district was established under this
1296+chapter as determined by the department.
1297+SECTION 7. IC 36-7.5-4.5-9, AS ADDED BY P.L.248-2017,
1298+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1299+JULY 1, 2023]: Sec. 9. (a) As used in this chapter, "local income tax
1300+base period amount" means the total amount of local income tax (IC
1301+6-3.6) paid by:
1302+(1) employees employed within a district with respect to wages
1303+and salary earned for work in the district; and
1304+(2) residents living within the district;
1305+for the calendar year that precedes the date on in which the district was
1306+established under this chapter as determined by the department.
1307+(b) If an individual is a resident of one (1) district and is
1308+employed within another district during a calendar year, the local
1309+income tax for the individual shall be attributed to the district in
1310+which the individual resides.
1311+SECTION 8. IC 36-7.5-4.5-10, AS ADDED BY P.L.248-2017,
1312+ES 434—LS 7313/DI 125 31
1313+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1314+JULY 1, 2023]: Sec. 10. (a) As used in this chapter, "local income tax
1315+increment revenue" means the remainder of:
1316+(1) the total amount of local income tax (IC 6-3.6) paid by:
1317+(A) employees employed in the district with respect to wages
1318+and salary earned for work in the territory comprising the
1319+district for a particular calendar year; minus and
1320+(B) residents living within the district; minus
1321+(2) the local income tax base period amount;
1322+as determined by the department.
1323+(b) If an individual is a resident of one (1) district and is
1324+employed within another district during a calendar year, the local
1325+income tax for the individual shall be attributed to the district in
1326+which the individual resides.
1327+SECTION 9. IC 36-7.5-4.5-13, AS ADDED BY P.L.248-2017,
1328+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1329+JULY 1, 2023]: Sec. 13. (a) As used in this chapter, "state income tax
1330+base period amount" means the aggregate amount of state adjusted
1331+gross income taxes paid or remitted by or on behalf of:
1332+(1) employees employed within a district with respect to wages
1333+and salary earned for work in the district; and
1334+(2) residents living within the district;
1335+during for the calendar year that precedes the date on in which the
1336+district was established under this chapter with respect to wages and
1337+salary earned for work in the territory comprising the district, as
1338+determined by the department.
1339+(b) If an individual is a resident of one (1) district and is
1340+employed within another district during a calendar year, the state
1341+income tax for the individual shall be attributed to the district in
1342+which the individual resides.
1343+SECTION 10. IC 36-7.5-4.5-14, AS ADDED BY P.L.248-2017,
1344+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1345+JULY 1, 2023]: Sec. 14. (a) As used in this chapter, "state income tax
1346+increment revenue" means the remainder of:
1347+(1) the aggregate amount of state adjusted gross income taxes
1348+paid or remitted during for a calendar year with respect to:
1349+(A) wages and salary earned for work in the territory
1350+comprising a district; minus and
1351+(B) income earned by residents living within the district;
1352+minus
1353+(2) the state income tax base period amount.
1354+(b) If an individual is a resident of one (1) district and is
1355+ES 434—LS 7313/DI 125 32
1356+employed within another district during a calendar year, the state
1357+income tax for the individual shall be attributed to the district in
1358+which the individual resides.
1359+SECTION 11. IC 36-7.5-4.5-27, AS ADDED BY P.L.248-2017,
1360+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1361+JULY 1, 2023]: Sec. 27. (a) If a district is established, the treasurer of
1362+state shall establish a local income tax increment fund and an account
1363+for each district established under this chapter for deposit of local
1364+income tax increment revenue for that district.
1365+(b) The funds shall be administered by the treasurer of state. Money
1366+in a fund does not revert to the state general fund at the end of a state
1367+fiscal year.
1368+(c) The total amount of local income tax (IC 6-3.6) paid by:
1369+(1) employees employed in a district with respect to wages earned
1370+for work performed in the district; and
1371+(2) residents living in the district;
1372+shall be deposited in the district's account within the local income tax
1373+increment fund. If an individual is a resident of one (1) district and
1374+is employed within another district, only the local income tax for
1375+the district in which the individual resides shall be deposited into
1376+the local income tax increment fund. For each district, the budget
1377+agency shall determine and transfer to the appropriate county account
1378+under IC 6-3.6-9 an amount equal to the local income tax base period
1379+amount for the district.
1380+(d) The budget agency shall determine and transfer any amount of
1381+the local income tax increment revenue that will not be disbursed to the
1382+development authority or redevelopment commission to the appropriate
1383+county account under IC 6-3.6-9.
1384+SECTION 12. IC 36-7.5-4.5-28, AS ADDED BY P.L.248-2017,
1385+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1386+JULY 1, 2023]: Sec. 28. (a) Not later than sixty (60) days after
1387+receiving a copy of the resolution establishing a district, November 30
1388+of the year following the establishment of a district under this
1389+chapter, or November 30, 2024, whichever is later, the department
1390+shall determine the following for that district:
1391+(1) The state income tax base period amount.
1392+(2) The gross retail tax base period amount.
1393+(3) The local income tax base period amount.
1394+(b) Before October 1 December 1 of each year, beginning in 2018,
1395+the year two (2) years following the establishment of the district
1396+under this chapter, the department shall determine the following for
1397+each district for the preceding calendar year:
1398+ES 434—LS 7313/DI 125 33
1399+(1) The state income tax increment revenue.
1400+(2) The gross retail tax increment revenue.
1401+(3) The local income tax increment revenue.
1402+(c) The department shall notify the budget agency and the
1403+development authority of each base period amount and annually each
1404+increment revenue amount.
1405+(d) Before November 1 December 15 of each calendar year, the
1406+department shall determine and certify to the Indiana finance authority
1407+and the development authority the following:
1408+(1) The state income tax increment revenue.
1409+(2) The gross retail tax increment revenue.
1410+(3) The local income tax increment revenue for each district.
1411+(4) The extent to which the sum of the state income tax increment
1412+revenue and gross retail tax increment revenue certified under this
1413+subsection for all districts exceeds the sum of the amounts
1414+previously appropriated by the general assembly to the
1415+development authority for rail projects (including any amounts
1416+appropriated for debt service payments made by the Indiana
1417+finance authority for a rail project).
1418+(e) Beginning in the following calendar year, the auditor of state
1419+shall distribute from a district's account within the local income tax
1420+increment fund to the development authority or redevelopment
1421+commission, in the case of a district located in a cash participant
1422+county, on or before the twentieth day of each month one-twelfth (1/12)
1423+of March 1, the lesser of:
1424+(1) the amount of local income tax increment revenue specified
1425+by the development authority or redevelopment commission; or
1426+(2) the certified local income tax increment revenue amount for
1427+that district.
1428+(f) The development authority or redevelopment commission shall
1429+deposit the local income tax increment revenue it receives in the
1430+appropriate district account in the south shore improvement and
1431+development fund.
1432+(g) Notwithstanding subsection (a), if the department
1433+determines that an amount determined under section 7, 8, 9, 10, 13,
1434+or 14 of this chapter is in error, the department shall redetermine
1435+any erroneous amounts and notify the budget agency and
1436+development authority of any redetermination. If the department
1437+determines that the redetermination of an amount affects
1438+incremental tax amounts determined under subsection (b), the
1439+department shall recompute the incremental tax amounts and
1440+make any necessary adjustments to distributions or computations
1441+ES 434—LS 7313/DI 125 34
1442+to reflect any redetermination.
1443+(h) A municipality that includes more than one (1) transit
1444+development district may share its increment revenue among the
1445+transit development districts upon approval of the legislative body
1446+of the municipality.
1447+SECTION 13. IC 36-7.5-6 IS ADDED TO THE INDIANA CODE
2691448 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2701449 JULY 1, 2023]:
2711450 Chapter 6. Blighted Property Demolition Fund
2721451 Sec. 1. As used in this chapter, "blighted" means real property,
2731452 including a building or structure on the real property, that is no
2741453 longer in acceptable or beneficial condition to its community and
2751454 has lost its value as a social good or economic commodity or its
2761455 functional status as a livable space. The term includes a vacant lot.
2771456 Sec. 2. As used in this chapter, "fund" refers to the blighted
2781457 property demolition fund established by section 4 of this chapter.
2791458 Sec. 3. As used in this chapter, "qualified property" means
2801459 commercial or residential real property, including a structure or
2811460 building located on the real property, that:
2821461 (1) is the subject of an order for demolition and removal
2831462 issued under IC 36-7-9-5(a)(6) or IC 36-7-9-5(a)(7);
2841463 (2) is:
2851464 (A) vacant or abandoned;
2861465 (B) blighted; or
2871466 (C) otherwise structurally damaged; and
2881467 (3) poses a public health or safety risk in the community,
2891468 including by contributing to crime.
2901469 Sec. 4. (a) The blighted property demolition fund is established
2911470 to provide grants to the city of Gary to demolish qualified
2921471 properties.
2931472 (b) The fund consists of:
2941473 (1) appropriations from the general assembly;
295-SEA 434 — CC 1 8
2961474 (2) available federal funds;
2971475 (3) transfers of money under IC 4-33-13-2.5(b)(1);
2981476 (4) deposits required under section 5(a) and 5(b) of this
2991477 chapter; and
3001478 (5) gifts, grants, donations, or other contributions from any
3011479 other public or private source.
3021480 (c) The development authority shall administer the fund.
3031481 (d) The treasurer of state shall invest the money in the fund not
3041482 currently needed to meet the obligations of the fund in the same
3051483 manner as other public funds may be invested.
1484+ES 434—LS 7313/DI 125 35
3061485 (e) The money remaining in the fund at the end of a state fiscal
3071486 year does not revert to the state general fund.
3081487 (f) Money in the fund is continuously appropriated for the
3091488 purposes of this chapter.
1489+(g) Subject to budget committee review, but except as provided
1490+in section 5(c) of this chapter, the development authority may
1491+receive reimbursement for expenses incurred and a reasonable and
1492+customary amount for providing administrative services from
1493+money in the fund.
3101494 Sec. 5. (a) In each state fiscal year beginning after June 30, 2023,
3111495 the city of Gary shall transfer up to three million dollars
3121496 ($3,000,000) to the development authority for deposit in the fund.
3131497 (b) In each state fiscal year beginning after June 30, 2023, and
3141498 ending before July 1, 2025, the development authority shall deposit
3151499 three million dollars ($3,000,000) in the fund from reserve amounts
3161500 held by the development authority.
3171501 (c) After June 30, 2025, but not later than July 1, 2026, the
3181502 development authority shall be reimbursed for all amounts
3191503 deposited under subsection (b) using money in the fund. Budget
3201504 committee review is not required for reimbursement under this
3211505 subsection.
3221506 Sec. 6. (a) The development authority shall use the money in the
3231507 fund to provide grants to the city of Gary for use in paying the
3241508 reasonable and necessary costs associated with demolishing a
3251509 qualified property located in the territory of a current or future
3261510 transit development district or in the area surrounding the Gary
3271511 Metro Center, including:
3281512 (1) demolition costs;
3291513 (2) permit fees;
3301514 (3) abatement of any hazardous materials;
3311515 (4) air monitoring at demolition sites;
3321516 (5) site grading; or
3331517 (6) replacement of damaged sidewalk, including any
3341518 associated work.
3351519 (b) If the amount of money in the fund is greater than the
3361520 amount needed for the purpose described in subsection (a), as
3371521 determined by the development authority, the development
338-SEA 434 — CC 1 9
3391522 authority may use money in the fund:
3401523 (1) to provide grants to the city of Gary for paying reasonable
3411524 and necessary costs, as described in subsection (a), that are
3421525 associated with demolishing a qualified property located in an
3431526 area that is contiguous to the territory of a current or future
1527+ES 434—LS 7313/DI 125 36
3441528 transit development district; or
3451529 (2) for purposes of preliminary planning and design of the
346-Gary Metro Center station revitalization project.
1530+Gary Metro Center revitalization project.
3471531 (c) Money in the fund may not be used for any of the following
3481532 purposes:
349-(1) City administrative costs, including project management.
1533+(1) Project administration, including project management.
3501534 (2) Property acquisition or redevelopment.
3511535 Sec. 7. The city of Gary may apply to the development authority
3521536 for a grant from the fund in the manner prescribed by the
3531537 development authority. The city of Gary shall submit to the
3541538 development authority any information that the development
3551539 authority determines is necessary.
3561540 Sec. 8. The city of Gary shall provide reports to the development
3571541 authority concerning the work completed, a detailed accounting of
3581542 projects, project milestones, and other relevant information. The
3591543 development authority may determine the frequency of the
3601544 reporting required under this section.
3611545 Sec. 9. The development authority shall quarterly report to the
3621546 budget committee on all uses of money in the fund, including
3631547 grants provided and grant amounts.
364-Sec. 10. This chapter expires July 1, 2050.
365-SECTION 7. IC 36-7.5-7 IS ADDED TO THE INDIANA CODE
366-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
367-JULY 1, 2023]:
368-Chapter 7. Lake County Economic Development and
369-Convention Fund
370-Sec. 1. As used in this chapter, "commuter transportation
371-district" means the northern Indiana commuter transportation
372-district established under IC 8-5-15.
373-Sec. 2. As used in this chapter, "convention center authority"
1548+Sec. 10. This chapter expires July 1, 2050.".
1549+Page 8, between lines 36 and 37, begin a new paragraph and insert:
1550+"Sec. 2. As used in this chapter, "convention center authority"
3741551 refers to the Lake County convention center authority established
375-under section 9 of this chapter.
376-Sec. 3. As used in this chapter, "convention fund" means the
377-Lake County economic development and convention fund
378-established by section 5 of this chapter.
379-Sec. 4. As used in this chapter, "reserve fund" means the Lake
1552+under section 9 of this chapter.".
1553+Page 8, line 37, delete "2." and insert "3.".
1554+Page 8, line 37, delete "fund" and insert "convention fund".
1555+Page 8, line 38, after "development" insert "convention".
1556+Page 8, line 39, delete "3" and insert "5".
1557+Page 8, between lines 39 and 40, begin a new paragraph and insert:
1558+"Sec. 4. As used in this chapter, "reserve fund" means the Lake
3801559 County convention and event center reserve fund established by
381-SEA 434 — CC 1 10
382-section 10 of this chapter.
383-Sec. 5. (a) The Lake County economic development and
384-convention fund is established. The fund shall be administered by
385-the development authority.
386-(b) The convention fund consists of:
387-(1) deposits under IC 4-33-13-2.5(b)(2);
388-(2) deposits under subsection (c);
389-(3) appropriations to the fund;
390-(4) gifts, grants, loans, bond proceeds, and other money
391-received for deposit in the fund; and
392-(5) other deposits or transfers of funds from local units
393-located in Lake County.
394-(c) If a proposal is approved as provided under this chapter,
1560+section 10 of this chapter.".
1561+Page 8, line 40, delete "3." and insert "5. (a)".
1562+Page 8, line 40, after "development" insert "convention".
1563+Page 9, line 1, delete "Sec. 4." and insert "(b)".
1564+Page 9, line 1, after "The" insert "convention".
1565+Page 9, line 2, delete "IC 4-33-13-2.5(b);" and insert "IC
1566+4-33-13-2.5(b)(2);".
1567+Page 9, line 3, delete "IC 6-9-2-1.5(c)(1);" and insert "subsection
1568+(c);".
1569+Page 9, delete lines 9 through 42, begin a new paragraph and insert:
1570+ES 434—LS 7313/DI 125 37
1571+"(c) If a proposal is approved as provided under this chapter,
3951572 each state fiscal year, beginning with the first state fiscal year that
3961573 begins after the proposal is approved, the approved entity shall
3971574 deposit up to five million dollars ($5,000,000) in the convention
3981575 fund.
3991576 (d) The development authority shall administer money,
4001577 including determining amounts to be used and the specific
4011578 purposes, from the convention fund.
4021579 (e) Except as provided in section 8(d) of this chapter, the money
4031580 remaining in the convention fund at the end of a state fiscal year
4041581 does not revert to the state general fund.
4051582 (f) Money in the convention fund is continuously appropriated
4061583 for the purposes of this chapter.
4071584 (g) Subject to budget committee review, but except as provided
4081585 in subsection (i), the development authority may receive
4091586 reimbursement for expenses incurred and a reasonable and
4101587 customary amount for providing administrative services from
4111588 money in the convention fund.
4121589 (h) The development authority shall quarterly report to the
4131590 budget committee on all uses of money in the convention fund and
4141591 the status of the convention and event center project.
4151592 (i) The development authority shall conduct an updated
416-feasibility study related to a potential convention and event center
1593+feasability study related to a potential convention and event center
4171594 located in Lake County. The development authority shall be
4181595 reimbursed for the costs of obtaining the updated feasibility study
4191596 from money in the fund. Budget committee review is not required
4201597 for reimbursement under this subsection.
4211598 Sec. 6. (a) Money in the convention fund may be used only for
4221599 the following:
4231600 (1) To acquire, improve, prepare, modernize, construct,
424-SEA 434 — CC 1 11
4251601 repair, demolish, and equip a convention center located in
4261602 Lake County.
4271603 (2) To pay the principal and interest on any obligations,
4281604 including bonds or leases and development costs, incurred by
4291605 the development authority for the purpose of financing or
4301606 refinancing the development of a convention center located in
4311607 Lake County.
4321608 (3) To establish, augment, or restore a debt service reserve for
4331609 obligations described in this subsection.
4341610 (4) If the development authority determines excess money
4351611 exists in the convention fund, for improvements to the
4361612 convention center and around the convention center.
1613+ES 434—LS 7313/DI 125 38
4371614 (b) Money in the convention fund may not be used to pay
4381615 operating expenses.
439-Sec. 7. A public-private agreement may be entered into for
440-purposes of operating and maintaining a convention center located
441-in Lake County.
442-Sec. 8. (a) Beginning July 1, 2023, the Lake County board of
1616+(c) A public-private agreement may be entered into for purposes
1617+of operating and maintaining a convention center located in Lake
1618+County.".
1619+Page 10, delete line 1.
1620+Page 10, delete lines 5 through 16, begin a new paragraph and
1621+insert:
1622+"Sec. 8. (a) Beginning July 1, 2023, the Lake County board of
4431623 commissioners shall begin accepting proposals for the
4441624 development, operation, and an ownership share in a Lake County
4451625 convention and event center from any entity qualified to fund and
4461626 operate a convention and event center, including local political
4471627 subdivisions. Subject to subsection (d), timely proposals shall be
4481628 submitted not later than May 31, 2024. A proposal must include at
4491629 least the following:
4501630 (1) Any variance in the entity's proposal from what is
4511631 described in the updated feasibility study prepared under
4521632 section 5(i) of this chapter as the variance is related to a
4531633 return on investment analysis, including anticipated income
4541634 generated countywide, peripheral investment anticipated to
4551635 result from the project, or anticipated gross retail tax revenue
4561636 to be generated from the project.
4571637 (2) The uses that the convention and event center will
4581638 accommodate.
4591639 (3) Acknowledgment that in order to secure money from the
4601640 convention fund and reserve fund, the Lake County
4611641 convention center authority, as described in section 9 of this
4621642 chapter, will share in ownership of the convention and event
4631643 center.
4641644 (4) An operating plan, including information concerning:
4651645 (A) any third party entity expected to manage and operate
4661646 the facility;
467-SEA 434 — CC 1 12
4681647 (B) any professional experience with convention center
4691648 operations;
4701649 (C) any professional experience with facility management;
4711650 and
4721651 (D) any experience with efficiency programs used for
4731652 managing operating costs and capital expenditures.
4741653 (5) An anticipated operating budget for the facility, including
4751654 the financing of any operational shortfall and pro forma
4761655 operating statements for the first five (5) years of operations.
1656+ES 434—LS 7313/DI 125 39
4771657 (6) Any documents related to vendor agreements, leases,
4781658 partnerships, and financing plans and commitments.
4791659 (7) Any proposed or available hotel accommodations that may
4801660 be dedicated for the promotion and sales of the convention
4811661 and event center, and not for promotional uses for any other
4821662 associated facility.
4831663 (8) Any other information considered necessary by the Lake
4841664 County board of commissioners.
4851665 (b) Proposals shall be submitted to the Lake County board of
4861666 commissioners and reviewed for completeness, adherence to the
4871667 requirements under this section, and evaluation of the materials
4881668 submitted.
4891669 (c) The Lake County board of commissioners shall hold public
4901670 hearings concerning proposals submitted and for the selection of
4911671 any professional advisers to be used in approval of a proposal.
4921672 (d) If a proposal is approved, the Lake County board of
4931673 commissioners shall adopt a resolution to that effect not later than
4941674 December 1, 2024. If no proposal is approved before December 1,
4951675 2024, proposals may continue to be submitted to the Lake County
4961676 board of commissioners for review. However, if no proposal is
4971677 approved before January 1, 2028, no additional proposals may be
4981678 accepted, and any money in the fund reverts to the state general
4991679 fund.
5001680 Sec. 9. (a) If a proposal is approved under section 8 of this
5011681 chapter, following the approval of the proposal, the Lake County
5021682 convention center authority is established for the purpose of
5031683 holding an equal share of ownership of the Lake County
5041684 convention and event center with the entity whose proposal is
505-approved and for providing general oversight of the upkeep,
506-improvements, and management team as outlined in the accepted
507-proposal. Subject to subsection (e), the convention center authority
508-consists of seven (7) members, appointed as follows:
1685+approved and for providing oversight of the maintenance and
1686+operation of the facility. Subject to subsection (e), the convention
1687+center authority consists of seven (7) members, appointed as
1688+follows:
5091689 (1) Three (3) members appointed by the entity whose proposal
510-SEA 434 — CC 1 13
5111690 is approved under section 8 of this chapter.
5121691 (2) Three (3) members appointed by the Lake County board
5131692 of commissioners.
5141693 (3) One (1) member appointed by the governor.
515-Individuals appointed to the convention center authority must have
516-professional experience in commercial facility management.
5171694 (b) The term of office for a member of the board is two (2)
5181695 years. The term begins July 1 of the year in which the member is
5191696 appointed and ends on June 30 of the second year following the
5201697 member's appointment. A member may be reappointed after the
5211698 member's term has expired.
1699+ES 434—LS 7313/DI 125 40
5221700 (c) A vacancy in membership must be filled in the same manner
5231701 as the original appointment. Appointments made to fill a vacancy
5241702 that occurs before the expiration of a term are for the remainder
5251703 of the unexpired term.
5261704 (d) The member appointed under subsection (a)(3) shall serve
5271705 as the chairperson of the convention center authority. The
5281706 convention center authority shall meet at the call of the
5291707 chairperson.
5301708 (e) An individual may not be appointed to the convention center
5311709 authority if the individual is a party to a contract or agreement
5321710 with the entity whose proposal is approved, is employed by the
5331711 entity whose proposal is approved, or otherwise has a direct or
5341712 indirect financial interest in the entity whose proposal is approved
5351713 under this chapter.
536-Sec. 10. (a) A local county fund known as the Lake County
537-convention and event center reserve fund is established to pay for:
1714+Sec. 10. (a) The Lake County convention and event center
1715+reserve fund is established to pay for:
5381716 (1) additions;
5391717 (2) refurbishment; and
540-(3) budget shortfalls or other unusual costs;
1718+(3) any other costs deemed necessary by the convention center
1719+authority;
5411720 of a convention and event center that is constructed using money
5421721 from the convention fund under this chapter.
5431722 (b) The reserve fund consists of:
544-(1) transfers under IC 6-9-2-1.5(c); and
545-(2) gifts, grants, donations, or other contributions from any
1723+(1) appropriations from the general assembly;
1724+(2) transfers under IC 6-9-2-1.5(c); and
1725+(3) gifts, grants, donations, or other contributions from any
5461726 other public or private source.
5471727 (c) The convention center authority shall administer the reserve
5481728 fund.
549-Sec. 11. (a) With respect to projects undertaken by the
550-development authority under this chapter, the development
551-authority shall set a goal for participation by minority business
552-enterprises of fifteen percent (15%) and women's business
553-SEA 434 — CC 1 14
554-enterprises of five percent (5%), consistent with the goals of
555-delivering the project on time and within the budgeted amount
556-and, insofar as possible, using Indiana businesses for employees,
557-goods, and services. In fulfilling the goal, the development
558-authority shall take into account historical precedents in the same
559-market.
560-(b) In addition to the provisions of subsection (a), with respect
561-to construction and demolition projects undertaken by the
562-development authority under this chapter, the development
563-authority shall set a goal for hiring at least twenty percent (20%)
564-of employees from local units:
565-(1) located within the boundaries of the development
566-authority; and
567-(2) with an unemployment rate that exceeds the statewide
568-unemployment rate by more than twenty percent (20%).
569-Sec. 12. This chapter expires July 1, 2050.
570-SECTION 8. IC 36-7.5-8 IS ADDED TO THE INDIANA CODE
1729+(d) The money remaining in the reserve fund at the end of a
1730+state fiscal year does not revert to the state general fund.
1731+(e) Money in the reserve fund is continuously appropriated for
1732+the purposes of this chapter.".
1733+Page 10, line 17, delete "9." and insert "11.".
1734+Page 10, delete lines 36 through 39.
1735+Page 10, after line 40, begin a new paragraph and insert:
1736+"SECTION 14. IC 36-7.5-8 IS ADDED TO THE INDIANA CODE
5711737 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
5721738 JULY 1, 2023]:
5731739 Chapter 8. Gary Metro Center Station Revitalization Fund
5741740 Sec. 1. As used in this chapter, "board" refers to the Gary
5751741 Metro Center station revitalization project board established by
576-section 6 of this chapter.
1742+ES 434—LS 7313/DI 125 41
1743+section 7 of this chapter.
5771744 Sec. 2. As used in this chapter, "fund" refers to the Gary Metro
5781745 Center station revitalization fund established by section 3 of this
5791746 chapter.
5801747 Sec. 3. (a) The Gary Metro Center station revitalization fund is
581-established to provide funding for the Gary Metro Center station
1748+established to provide funding for the Gary Metro Center
5821749 revitalization project.
5831750 (b) The fund consists of:
5841751 (1) appropriations from the general assembly;
5851752 (2) available federal funds;
5861753 (3) transfers of money under IC 4-33-13-2.5(b)(3);
5871754 (4) deposits required under section 4 of this chapter; and
5881755 (5) gifts, grants, donations, or other contributions from any
5891756 other public or private source.
5901757 (c) The development authority shall administer the fund.
5911758 (d) The money remaining in the fund at the end of a state fiscal
5921759 year does not revert to the state general fund.
5931760 (e) Money in the fund is continuously appropriated for the
5941761 purposes of this chapter.
5951762 (f) Subject to budget committee review, the development
596-SEA 434 — CC 1 15
5971763 authority may receive reimbursement for expenses incurred and
5981764 a reasonable and customary amount for providing administrative
5991765 services from money in the fund.
600-Sec. 4. (a) In each state fiscal year beginning after June 30, 2025,
1766+Sec. 4. In each state fiscal year beginning after June 30, 2025,
6011767 the city of Gary shall transfer up to three million dollars
602-($3,000,000) to the development authority for deposit in the fund,
603-in order to obtain state matching grants and the issuance of bonds
604-for the Gary Metro Center station revitalization project. The city
605-of Gary may enter into an agreement with the licensed owner
606-operating a riverboat sited at a location approved under
607-IC 4-33-6-4.5 for a term of twenty-five (25) years, for contributions
608-of up to three million dollars ($3,000,000), in order to obtain state
609-matching grants.
1768+($3,000,000) to the development authority for deposit in the fund.
1769+Sec. 5. (a) The city of Gary shall enter into an agreement with
1770+the licensed owner operating a riverboat sited at a location
1771+approved under IC 4-33-6-4.5 for a term of twenty (20) years,
1772+approving the use of revenue received under the local development
1773+agreement from the local development agreement lakefront fund
1774+for the purpose of funding and issuance of bonds for the Gary
1775+metro center station revitalization project.
6101776 (b) The city of Gary and the development authority shall apply
6111777 for all available federal grants to defer the cost of construction for
6121778 the Gary metro center station revitalization project.
613-(c) The northern Indiana commuter transportation district
614-established under IC 8-5-15 shall pursue federal funding for the
615-purposes of modernizing the Gary metro train platform.
616-Sec. 5. (a) The development authority shall use the money in the
1779+Sec. 6. (a) The development authority shall use the money in the
6171780 fund for planning costs, design costs, engineering costs, and
6181781 architectural costs, and to provide matching funds needed for
619-federal matching grants for the demolition and reconstruction of
620-the Gary Metro Center station. The development authority shall
621-reconstruct the Gary Metro Center station and coordinate among
622-the several transit authorities, the city of Gary, and the federal
623-government in accomplishing the replacement of the facility.
1782+federal matching grants for the reconstruction of the Gary Metro
1783+Center station.
6241784 (b) If the amount of money in the fund is greater than the
1785+ES 434—LS 7313/DI 125 42
6251786 amount needed for the purposes described in subsection (a), as
6261787 determined by the development authority, the development
6271788 authority may use money in the fund:
6281789 (1) to provide grants to the city of Gary for paying reasonable
6291790 and necessary costs associated with demolishing a qualified
6301791 property (as defined in IC 36-7.5-6-3) located in an area that
6311792 is contiguous to the territory of a current or future transit
6321793 development district;
6331794 (2) for purposes of revitalizing property contiguous to the
6341795 territory of a current or future transit development district;
6351796 (3) for other costs related to expansion of the Gary Metro
6361797 Center station; and
6371798 (4) for purposes of paying expenses for enhancing public
638-safety in the area immediately surrounding the Gary Metro
639-SEA 434 — CC 1 16
640-Center station and within the established transit development
641-district.
642-Sec. 6. (a) The Gary Metro Center station revitalization project
1799+safety related to the Gary Metro Center station and current
1800+or future transit development district.
1801+Sec. 7. (a) The Gary Metro Center station revitalization project
6431802 board is established.
6441803 (b) Subject to subsection (f), the board consists of the following
6451804 seven (7) members:
6461805 (1) Three (3) members appointed by the executive of the city
6471806 of Gary.
6481807 (2) Three (3) members appointed by the development
6491808 authority.
6501809 (3) One (1) member appointed by the governor.
651-Individuals appointed to the board must have professional
652-experience in commercial facility management.
6531810 (c) Ownership of the Gary Metro Center station shall be held by
6541811 the board.
6551812 (d) The board shall provide oversight of the ongoing
6561813 maintenance and operation of the Gary Metro Center station.
657-(e) The member appointed under subsection (b)(3) shall serve as
1814+(e) The member appointed under subsection (a)(3) shall serve as
6581815 the chairperson of the board. The board shall meet at the call of the
6591816 chairperson.
6601817 (f) An individual may not be appointed to the board if the
6611818 individual is a party to a contract or agreement with an entity
6621819 involved in the reconstruction of the Gary Metro Center station, is
6631820 employed by an entity involved in the reconstruction of the Gary
6641821 Metro Center station, or otherwise has a direct or indirect
6651822 financial interest in an entity involved in the reconstruction of the
6661823 Gary Metro Center station.
667-Sec. 7. (a) The term of office for a member of the board is two
1824+Sec. 8. (a) The term of office for a member of the board is two
6681825 (2) years. The term begins July 1 of the year in which the member
6691826 is appointed and ends on June 30 of the second year following the
6701827 member's appointment. A member may be reappointed after the
1828+ES 434—LS 7313/DI 125 43
6711829 member's term has expired.
6721830 (b) A vacancy in membership must be filled in the same manner
6731831 as the original appointment. Appointments made to fill a vacancy
6741832 that occurs before the expiration of a term are for the remainder
6751833 of the unexpired term.
676-Sec. 8. The development authority shall quarterly report to the
1834+Sec. 9. The city of Gary may apply to the development authority
1835+for a grant from the fund in the manner prescribed by the
1836+development authority for a use described in section 6 of this
1837+chapter. The city of Gary shall submit to the development
1838+authority any information that the development authority
1839+determines is necessary.
1840+Sec. 10. The city of Gary shall provide reports to the
1841+development authority concerning the work completed, a detailed
1842+accounting of projects, project milestones, and other relevant
1843+information. The development authority may determine the
1844+frequency of the reporting required under this section.
1845+Sec. 11. The development authority shall quarterly report to the
6771846 budget committee on all uses of money in the fund, including
678-grants provided and grant amounts.
679-SEA 434 — CC 1 President of the Senate
680-President Pro Tempore
681-Speaker of the House of Representatives
682-Governor of the State of Indiana
683-Date: Time:
684-SEA 434 — CC 1
1847+grants provided and grant amounts.".
1848+Renumber all SECTIONS consecutively.
1849+and when so amended that said bill do pass.
1850+(Reference is to SB 434 as reprinted February 28, 2023.)
1851+THOMPSON
1852+Committee Vote: yeas 22, nays 0.
1853+_____
1854+HOUSE MOTION
1855+Mr. Speaker: I move that Engrossed Senate Bill 434 be amended to
1856+read as follows:
1857+Page 2, line 6, after "of Gary" insert ", or on behalf of the city of
1858+Gary from any other source,".
1859+Page 12, line 36, delete "Project administration," and insert "City
1860+administrative costs,".
1861+Page 13, line 14, after "Development" insert "Convention".
1862+Page 14, line 18, delete "feasability" and insert "feasibility".
1863+Page 14, line 40, delete "(c)" and insert "Sec. 7.".
1864+Page 15, delete lines 1 through 3.
1865+ES 434—LS 7313/DI 125 44
1866+Page 16, line 24, delete "oversight of the maintenance and" and
1867+insert "general oversight of the upkeep, improvements, and
1868+management team as outlined in the accepted proposal.".
1869+Page 16, line 25, delete "operation of the facility.".
1870+Page 16, between lines 32 and 33, begin a new line blocked left and
1871+insert:
1872+"Individuals appointed to the convention center authority must
1873+have professional experience in commercial facility management.".
1874+Page 17, line 10, delete "The" and insert "A local county fund
1875+known as the".
1876+Page 17, line 14, delete "any other costs deemed necessary by the
1877+convention center" and insert "budget shortfalls or other unusual
1878+costs;".
1879+Page 17, delete line 15.
1880+Page 17, delete line 19.
1881+Page 17, line 20, delete "(2)" and insert "(1)".
1882+Page 17, line 21, delete "(3)" and insert "(2)".
1883+Page 17, delete lines 25 through 28.
1884+Page 18, line 41, delete "twenty (20) years," and insert "twenty-five
1885+(25) years, concerning agreed upon contributions of up to three
1886+million dollars ($3,000,000) in order to obtain state matching
1887+grants and the issuance of bonds for the Gary Metro Center station
1888+revitalization project.".
1889+Page 18, delete line 42.
1890+Page 19, delete lines 1 through 3.
1891+Page 19, between lines 6 and 7, begin a new paragraph and insert:
1892+"(c) The northern Indiana commuter transportation district
1893+established under IC 8-5-15 shall pursue federal funding for the
1894+purposes of modernizing the Gary metro train platform.".
1895+Page 19, line 10, after "for the" insert "demolition and".
1896+Page 19, line 11, after "station." insert "The development authority
1897+shall reconstruct the Gary Metro Center station and coordinate
1898+among the several transit authorities, the city of Gary, and the
1899+federal government in accomplishing the replacement of the
1900+facility.".
1901+Page 19, line 26, delete "related to the Gary Metro Center station
1902+and current" and insert "in the area immediately surrounding the
1903+Gary Metro Center station and within the established transit
1904+development district.".
1905+Page 19, delete line 27.
1906+Page 19, between lines 36 and 37, begin a new line blocked left and
1907+insert:
1908+ES 434—LS 7313/DI 125 45
1909+"Individuals appointed to the board must have professional
1910+experience in commercial facility management.".
1911+Page 20, delete lines 18 through 28.
1912+Page 20, line 29, delete "11." and insert "9.".
1913+(Reference is to ESB 434 as printed April 6, 2023.)
1914+SLAGER
1915+ES 434—LS 7313/DI 125