15 | | - | SECTION 1. IC 4-33-13-2.5 IS ADDED TO THE INDIANA CODE |
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16 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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17 | | - | 1, 2023]: Sec. 2.5. (a) This section applies only to tax revenue: |
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18 | | - | (1) remitted by a licensed owner operating a riverboat sited at |
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19 | | - | a location approved under IC 4-33-6-4.5; and |
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20 | | - | (2) collected under this chapter after June 30, 2025. |
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21 | | - | (b) Notwithstanding section 3 of this chapter, the department |
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22 | | - | shall deposit from the tax revenue remitted under this chapter by |
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23 | | - | a licensed owner operating a riverboat sited at a location approved |
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24 | | - | under IC 4-33-6-4.5 amounts as follows: |
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25 | | - | (1) In each state fiscal year beginning after June 30, 2025, and |
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26 | | - | ending before July 1, 2027, an amount equal to the amount |
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27 | | - | deposited under IC 36-7.5-6-5(a) by the city of Gary in the |
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28 | | - | blighted property demolition fund established by |
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29 | | - | IC 36-7.5-6-4, up to three million dollars ($3,000,000). |
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30 | | - | (2) In each state fiscal year beginning after June 30, 2025, and |
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31 | | - | ending before July 1, 2045, an amount equal to the amount |
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32 | | - | deposited under IC 36-7.5-7-5(c) by an entity in the Lake |
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33 | | - | County economic development and convention fund |
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34 | | - | established by IC 36-7.5-7-5, up to five million dollars |
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35 | | - | ($5,000,000). |
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36 | | - | (3) In each state fiscal year beginning after June 30, 2025, and |
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37 | | - | SEA 434 — CC 1 2 |
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38 | | - | ending before July 1, 2050, an amount equal to the amount |
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39 | | - | deposited under IC 36-7.5-8-4 by the city of Gary, or on |
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40 | | - | behalf of the city of Gary from any other source, in the Gary |
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41 | | - | Metro Center station revitalization fund established by |
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42 | | - | IC 36-7.5-8-3, up to three million dollars ($3,000,000). |
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43 | | - | Any amount of tax revenue remitted under this chapter by a |
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44 | | - | licensed owner operating a riverboat sited at a location approved |
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45 | | - | under IC 4-33-6-4.5 in a state fiscal year that exceeds the amount |
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46 | | - | required for the deposits in this subsection for the state fiscal year |
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47 | | - | must be deposited in the state gaming fund under section 3 of this |
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48 | | - | chapter. |
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49 | | - | (c) Budget committee review is required before any money may |
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| 78 | + | 1 SECTION 1. IC 4-33-13-2.5 IS ADDED TO THE INDIANA CODE |
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| 79 | + | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 80 | + | 3 1, 2023]: Sec. 2.5. (a) This section applies only to tax revenue: |
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| 81 | + | 4 (1) remitted by a licensed owner operating a riverboat sited at |
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| 82 | + | 5 a location approved under IC 4-33-6-4.5; and |
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| 83 | + | 6 (2) collected under this chapter after June 30, 2025. |
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| 84 | + | 7 (b) Notwithstanding section 3 of this chapter, the department |
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| 85 | + | 8 shall deposit from the tax revenue remitted under this chapter by |
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| 86 | + | 9 a licensed owner operating a riverboat sited at a location approved |
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| 87 | + | 10 under IC 4-33-6-4.5 amounts as follows: |
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| 88 | + | 11 (1) In each state fiscal year beginning after June 30, 2025, and |
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| 89 | + | 12 ending before July 1, 2027, an amount equal to the amount |
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| 90 | + | 13 deposited under IC 36-7.5-6-5(a) by the city of Gary in the |
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| 91 | + | 14 blighted property demolition fund established by |
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| 92 | + | 15 IC 36-7.5-6-4. |
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| 93 | + | 16 (2) In each state fiscal year beginning after June 30, 2025, and |
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| 94 | + | 17 ending before July 1, 2045, an amount equal to the amount |
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| 95 | + | ES 434—LS 7313/DI 125 2 |
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| 96 | + | 1 deposited under IC 36-7.5-7-5(c) by an entity in the Lake |
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| 97 | + | 2 County convention and economic development convention |
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| 98 | + | 3 fund established by IC 36-7.5-7-5. |
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| 99 | + | 4 (3) In each state fiscal year beginning after June 30, 2025, and |
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| 100 | + | 5 ending before July 1, 2050, an amount equal to the amount |
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| 101 | + | 6 deposited under IC 36-7.5-8-4 by the city of Gary, or on |
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| 102 | + | 7 behalf of the city of Gary from any other source, in the Gary |
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| 103 | + | 8 metro center station revitalization fund established by |
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| 104 | + | 9 IC 36-7.5-8-3. |
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| 105 | + | 10 Any amount of tax revenue remitted under this chapter by a |
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| 106 | + | 11 licensed owner operating a riverboat sited at a location approved |
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| 107 | + | 12 under IC 4-33-6-4.5 in a state fiscal year that exceeds the amount |
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| 108 | + | 13 required for the deposits in this subsection for the state fiscal year |
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| 109 | + | 14 must be deposited in the state gaming fund under section 3 of this |
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| 110 | + | 15 chapter. |
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| 111 | + | 16 (c) The northwest Indiana regional development authority |
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| 112 | + | 17 established by IC 36-7.5-2-1 shall provide any information to the |
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| 113 | + | 18 department that the department determines is necessary for the |
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| 114 | + | 19 department to carry out this section. |
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| 115 | + | 20 (d) This section expires July 1, 2050. |
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| 116 | + | 21 SECTION 2. IC 4-33-13-3 IS AMENDED TO READ AS |
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| 117 | + | 22 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. Except as provided |
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| 118 | + | 23 in section 2.5 of this chapter, the department shall deposit tax revenue |
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| 119 | + | 24 collected under this chapter in the state gaming fund. |
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| 120 | + | 25 SECTION 3. IC 6-9-2-1, AS AMENDED BY THE TECHNICAL |
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| 121 | + | 26 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS |
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| 122 | + | 27 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
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| 123 | + | 28 Sec. 1. (a) A county having a population of more than four hundred |
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| 124 | + | 29 thousand (400,000) but and less than seven hundred thousand |
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| 125 | + | 30 (700,000) that establishes a medical center development agency |
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| 126 | + | 31 pursuant to IC 16-23.5-2 may levy each year a tax on every person |
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| 127 | + | 32 engaged in the business of renting or furnishing, for periods of less than |
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| 128 | + | 33 thirty (30) days by the same party in the same room, any room or |
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| 129 | + | 34 rooms, lodgings, or accommodations, in any hotel, motel, inn, tourist |
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| 130 | + | 35 camp, tourist cabin, or any other place in which rooms, lodgings, or |
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| 131 | + | 36 accommodations are regularly furnished for a consideration. |
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| 132 | + | 37 (b) Except as provided in section 1.5 of this chapter, such tax |
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| 133 | + | 38 shall be at a rate of five percent (5%) on the gross retail income derived |
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| 134 | + | 39 therefrom and is in addition to the state gross retail tax imposed on the |
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| 135 | + | 40 retail transaction. |
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| 136 | + | 41 (c) The county fiscal body may adopt an ordinance to require that |
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| 137 | + | 42 the tax shall be paid monthly to the county treasurer. Except as |
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| 138 | + | ES 434—LS 7313/DI 125 3 |
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| 139 | + | 1 provided in section 1.5 of this chapter, if such an ordinance is |
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| 140 | + | 2 adopted. The adopted, the tax shall be paid to the county treasurer not |
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| 141 | + | 3 more than twenty (20) days after the end of the month the tax is |
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| 142 | + | 4 collected. If such an ordinance is not adopted, the tax shall be imposed, |
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| 143 | + | 5 paid, and collected in exactly the same manner as the state gross retail |
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| 144 | + | 6 tax is imposed, paid, and collected. |
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| 145 | + | 7 (d) All of the provisions of the state gross retail tax (IC 6-2.5) |
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| 146 | + | 8 relating to rights, duties, liabilities, procedures, penalties, definitions, |
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| 147 | + | 9 exemptions, and administration shall be applicable to the imposition |
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| 148 | + | 10 and administration of the tax imposed by this section except to the |
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| 149 | + | 11 extent such provisions are in conflict or inconsistent with the specific |
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| 150 | + | 12 provisions of this chapter or the requirements of the county treasurer. |
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| 151 | + | 13 Specifically and not in limitation of the foregoing sentence, the terms |
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| 152 | + | 14 "person" and "gross retail income" shall have the same meaning in this |
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| 153 | + | 15 section as they have in the state gross retail tax (IC 6-2.5). If the tax is |
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| 154 | + | 16 paid to the department of state revenue, the returns to be filed for the |
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| 155 | + | 17 payment of the tax under this section may be either a separate return or |
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| 156 | + | 18 may be combined with the return filed for the payment of the state |
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| 157 | + | 19 gross retail tax as the department of state revenue may, by rule, |
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| 158 | + | 20 determine. |
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| 159 | + | 21 (e) If the tax is paid to the department of state revenue, the amounts |
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| 160 | + | 22 received from the tax shall be paid by the end of the next succeeding |
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| 161 | + | 23 month by the treasurer of state to the county treasurer upon warrants |
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| 162 | + | 24 issued by the auditor of state. Except as provided in section 1.5(c) of |
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| 163 | + | 25 this chapter, the county treasurer shall deposit the revenue received |
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| 164 | + | 26 under this chapter as provided in section 2 of this chapter. |
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| 165 | + | 27 SECTION 4. IC 6-9-2-1.5 IS ADDED TO THE INDIANA CODE |
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| 166 | + | 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 167 | + | 29 1, 2023]: Sec. 1.5. (a) After June 30, 2023, the county fiscal body |
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| 168 | + | 30 may adopt an ordinance to increase the tax rate imposed under |
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| 169 | + | 31 section 1 of this chapter by not more than an additional five |
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| 170 | + | 32 percent (5%). If the county imposes the additional tax rate |
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| 171 | + | 33 authorized by this section, the additional tax rate terminates on |
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| 172 | + | 34 July 1, 2050. |
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| 173 | + | 35 (b) If the county fiscal body adopts an ordinance under this |
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| 174 | + | 36 section: |
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| 175 | + | 37 (1) it shall immediately send a certified copy of the ordinance |
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| 176 | + | 38 to the department of state revenue; and |
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| 177 | + | 39 (2) the increase applies to transactions after the last day of the |
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| 178 | + | 40 month in which the ordinance is adopted, if the county fiscal |
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| 179 | + | 41 body adopts the ordinance on or before the fifteenth day of a |
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| 180 | + | 42 month. If the county fiscal body adopts the ordinance after |
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| 181 | + | ES 434—LS 7313/DI 125 4 |
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| 182 | + | 1 the fifteenth day of a month, the tax applies to transactions |
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| 183 | + | 2 after the last day of the month following the month in which |
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| 184 | + | 3 the ordinance is adopted. |
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| 185 | + | 4 The increase in the tax imposed under this section continues in |
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| 186 | + | 5 effect unless the increase is rescinded. |
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| 187 | + | 6 (c) The amounts received from an increase adopted under this |
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| 188 | + | 7 section shall be deposited in the Lake County convention and event |
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| 189 | + | 8 center reserve fund established by IC 36-7.5-7-10 to be used for the |
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| 190 | + | 9 purposes of the Lake County convention and event center reserve |
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| 191 | + | 10 fund. |
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| 192 | + | 11 (d) This section expires July 1, 2050. |
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| 193 | + | 12 SECTION 5. IC 6-9-2-2, AS AMENDED BY P.L.104-2022, |
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| 194 | + | 13 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 195 | + | 14 JULY 1, 2023]: Sec. 2. (a) This section does not apply to any |
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| 196 | + | 15 revenue received from an increase adopted under section 1.5 of this |
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| 197 | + | 16 chapter. |
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| 198 | + | 17 (b) The revenue received by the county treasurer under this chapter |
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| 199 | + | 18 shall be allocated to the Lake County convention and visitor bureau, |
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| 200 | + | 19 Indiana University-Northwest, Purdue University Northwest, municipal |
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| 201 | + | 20 public safety departments, municipal physical and economic |
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| 202 | + | 21 development divisions, and the cities and towns in the county as |
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| 203 | + | 22 provided in this section. Subsections (b) through (g) (c) through (h) do |
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| 204 | + | 23 not apply to the distribution of revenue received under section 1 of this |
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| 205 | + | 24 chapter from hotels, motels, inns, tourist camps, tourist cabins, and |
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| 206 | + | 25 other lodgings or accommodations built or refurbished after June 30, |
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| 207 | + | 26 1993, that are located in the city of Gary. |
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| 208 | + | 27 (b) (c) The Lake County convention and visitor bureau shall |
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| 209 | + | 28 establish a convention, tourism, and visitor promotion fund (referred |
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| 210 | + | 29 to in this chapter as the "promotion fund"). The county treasurer shall |
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| 211 | + | 30 transfer to the Lake County convention and visitor bureau for deposit |
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| 212 | + | 31 in the promotion fund thirty-five percent (35%) of the first one million |
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| 213 | + | 32 two hundred thousand dollars ($1,200,000) of revenue received from |
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| 214 | + | 33 the tax imposed under this chapter in each year. The promotion fund |
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| 215 | + | 34 consists of: |
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| 216 | + | 35 (1) money in the promotion fund on June 30, 2005; |
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| 217 | + | 36 (2) revenue deposited in the promotion fund under this subsection |
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| 218 | + | 37 after June 30, 2005; and |
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| 219 | + | 38 (3) investment income earned on the promotion fund's assets. |
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| 220 | + | 39 Money in the funds established by the bureau may be expended to |
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| 221 | + | 40 promote and encourage conventions, trade shows, special events, |
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| 222 | + | 41 recreation, and visitors. Money may be paid from the funds established |
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| 223 | + | 42 by the bureau, by claim in the same manner as municipalities may pay |
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| 224 | + | ES 434—LS 7313/DI 125 5 |
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| 225 | + | 1 claims under IC 5-11-10-1.6. |
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| 226 | + | 2 (c) (d) This subsection applies to the first one million two hundred |
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| 227 | + | 3 thousand dollars ($1,200,000) of revenue received from the tax |
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| 228 | + | 4 imposed under this chapter in each year. During each year, the county |
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| 229 | + | 5 treasurer shall transfer to Indiana University-Northwest forty-four and |
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| 230 | + | 6 thirty-three hundredths percent (44.33%) of the revenue received under |
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| 231 | + | 7 this chapter for that year to be used as follows: |
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| 232 | + | 8 (1) Seventy-five percent (75%) of the revenue received under this |
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| 233 | + | 9 subsection may be used only for the university's medical |
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| 234 | + | 10 education programs. |
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| 235 | + | 11 (2) Twenty-five percent (25%) of the revenue received under this |
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| 236 | + | 12 subsection may be used only for the university's allied health |
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| 237 | + | 13 education programs. |
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| 238 | + | 14 (d) (e) This subsection applies to the first one million two hundred |
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| 239 | + | 15 thousand dollars ($1,200,000) of revenue received from the tax |
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| 240 | + | 16 imposed under this chapter in each year. During each year, the county |
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| 241 | + | 17 treasurer shall allocate among the cities and towns throughout the |
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| 242 | + | 18 county nine percent (9%) of the revenue received under this chapter for |
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| 243 | + | 19 that year as follows: |
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| 244 | + | 20 (1) Ten percent (10%) of the revenue covered by this subsection |
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| 245 | + | 21 shall be distributed to the city of Gary. |
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| 246 | + | 22 (2) Ten percent (10%) of the revenue covered by this subsection |
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| 247 | + | 23 shall be distributed to the city of Hammond. |
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| 248 | + | 24 (3) Ten percent (10%) of the revenue covered by this subsection |
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| 249 | + | 25 shall be distributed to the city of East Chicago. |
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| 250 | + | 26 (4) Seventy percent (70%) of the revenue covered by this |
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| 251 | + | 27 subsection shall be distributed in equal amounts to each town and |
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| 252 | + | 28 each city not receiving a distribution under subdivisions (1) |
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| 253 | + | 29 through (3). |
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| 254 | + | 30 The money distributed under this subsection may be used only for |
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| 255 | + | 31 tourism and economic development projects. The county treasurer shall |
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| 256 | + | 32 make the distributions on or before December 1 of each year. |
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| 257 | + | 33 (e) (f) This subsection applies to the first one million two hundred |
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| 258 | + | 34 thousand dollars ($1,200,000) of revenue received from the tax |
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| 259 | + | 35 imposed under this chapter in each year. During each year, the county |
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| 260 | + | 36 treasurer shall transfer to Purdue University Northwest nine percent |
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| 261 | + | 37 (9%) of the revenue received under this chapter for that year. The |
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| 262 | + | 38 money received by Purdue University Northwest may be used by the |
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| 263 | + | 39 university only for nursing education programs. |
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| 264 | + | 40 (f) (g) This subsection applies to the first one million two hundred |
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| 265 | + | 41 thousand dollars ($1,200,000) of revenue received from the tax |
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| 266 | + | 42 imposed under this chapter in each year. During each year, the county |
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| 267 | + | ES 434—LS 7313/DI 125 6 |
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| 268 | + | 1 treasurer shall transfer two and sixty-seven hundredths percent (2.67%) |
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| 269 | + | 2 of the revenue received under this chapter for that year to the following |
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| 270 | + | 3 cities: |
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| 271 | + | 4 (1) Fifty percent (50%) of the revenue covered by this subsection |
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| 272 | + | 5 shall be transferred to the city of Gary. |
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| 273 | + | 6 (2) Fifty percent (50%) of the revenue covered by this subsection |
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| 274 | + | 7 shall be transferred to the city of Hammond. |
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| 275 | + | 8 Money transferred under this subsection may be used only for |
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| 276 | + | 9 convention facilities located within the city. In addition, the money may |
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| 277 | + | 10 be used only for facility marketing, sales, capital expenditures, and |
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| 278 | + | 11 public relations programs. Money transferred under this subsection |
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| 279 | + | 12 may not be used for salaries or facility operating costs or capital |
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| 280 | + | 13 expenditures related to the convention facilities. The county treasurer |
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| 281 | + | 14 shall make the transfers on or before December 1 of each year. |
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| 282 | + | 15 (g) (h) This subsection applies to the revenue received from the tax |
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| 283 | + | 16 imposed under this chapter in each year that exceeds one million two |
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| 284 | + | 17 hundred thousand dollars ($1,200,000). During each year, the county |
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| 285 | + | 18 treasurer shall distribute money in the promotion fund as follows: |
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| 286 | + | 19 (1) Eighty-five percent (85%) of the revenue covered by this |
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| 287 | + | 20 subsection shall be deposited in the convention, tourism, and |
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| 288 | + | 21 visitor promotion fund. The money deposited in the fund under |
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| 289 | + | 22 this subdivision may be used only for the purposes for which |
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| 290 | + | 23 other money in the fund may be used. |
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| 291 | + | 24 (2) Five percent (5%) of the revenue covered by this subsection |
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| 292 | + | 25 shall be transferred to Purdue University Northwest. The money |
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| 293 | + | 26 received by Purdue University Northwest under this subdivision |
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| 294 | + | 27 may be used by the university only for nursing education |
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| 295 | + | 28 programs. |
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| 296 | + | 29 (3) Five percent (5%) of the revenue covered by this subsection |
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| 297 | + | 30 shall be transferred to Indiana University-Northwest. The money |
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| 298 | + | 31 received by Indiana University-Northwest under this subdivision |
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| 299 | + | 32 may be used only for the university's medical education programs. |
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| 300 | + | 33 (4) Five percent (5%) of the revenue covered by this subsection |
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| 301 | + | 34 shall be transferred to Indiana University-Northwest. The money |
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| 302 | + | 35 received by Indiana University-Northwest under this subdivision |
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| 303 | + | 36 may be used only for the university's allied health education |
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| 304 | + | 37 programs. |
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| 305 | + | 38 (h) (i) This subsection applies only to the distribution of revenue |
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| 306 | + | 39 received from the tax imposed under section 1 of this chapter from |
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| 307 | + | 40 hotels, motels, inns, tourist camps, tourist cabins, and other lodgings or |
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| 308 | + | 41 accommodations built or refurbished after June 30, 1993, that are |
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| 309 | + | 42 located in the city of Gary. During each year, the county treasurer shall |
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| 310 | + | ES 434—LS 7313/DI 125 7 |
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| 311 | + | 1 transfer: |
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| 312 | + | 2 (1) seventy-five percent (75%) of the revenues under this |
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| 313 | + | 3 subsection to the department of public safety; and |
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| 314 | + | 4 (2) twenty-five percent (25%) of the revenues under this |
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| 315 | + | 5 subsection to the division of physical and economic development; |
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| 316 | + | 6 of the city of Gary. |
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| 317 | + | 7 (i) (j) The Lake County convention and visitor bureau shall assist |
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| 318 | + | 8 the county treasurer, as needed, with the calculation of the amounts that |
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| 319 | + | 9 must be deposited and transferred under this section. |
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| 320 | + | 10 SECTION 6. IC 36-7.5-4.5-7, AS ADDED BY P.L.248-2017, |
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| 321 | + | 11 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 322 | + | 12 JULY 1, 2023]: Sec. 7. As used in this chapter, "gross retail tax base |
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| 323 | + | 13 period amount" means the aggregate amount of state gross retail taxes |
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| 324 | + | 14 remitted under IC 6-2.5 by retail merchants for the calendar year that |
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| 325 | + | 15 precedes the date on in which the district was established under this |
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| 326 | + | 16 chapter as determined by the department. |
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| 327 | + | 17 SECTION 7. IC 36-7.5-4.5-9, AS ADDED BY P.L.248-2017, |
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| 328 | + | 18 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 329 | + | 19 JULY 1, 2023]: Sec. 9. (a) As used in this chapter, "local income tax |
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| 330 | + | 20 base period amount" means the total amount of local income tax |
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| 331 | + | 21 (IC 6-3.6) paid by: |
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| 332 | + | 22 (1) employees employed within a district with respect to wages |
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| 333 | + | 23 and salary earned for work in the district; and |
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| 334 | + | 24 (2) residents living within the district; |
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| 335 | + | 25 for the calendar year that precedes the date on in which the district was |
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| 336 | + | 26 established under this chapter as determined by the department. |
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| 337 | + | 27 (b) If an individual is a resident of one (1) district and is |
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| 338 | + | 28 employed within another district during a calendar year, the local |
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| 339 | + | 29 income tax for the individual shall be attributed to the district in |
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| 340 | + | 30 which the individual resides. |
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| 341 | + | 31 SECTION 8. IC 36-7.5-4.5-10, AS ADDED BY P.L.248-2017, |
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| 342 | + | 32 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 343 | + | 33 JULY 1, 2023]: Sec. 10. (a) As used in this chapter, "local income tax |
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| 344 | + | 34 increment revenue" means the remainder of: |
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| 345 | + | 35 (1) the total amount of local income tax (IC 6-3.6) paid by: |
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| 346 | + | 36 (A) employees employed in the district with respect to wages |
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| 347 | + | 37 and salary earned for work in the territory comprising the |
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| 348 | + | 38 district for a particular calendar year; minus and |
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| 349 | + | 39 (B) residents living within the district; minus |
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| 350 | + | 40 (2) the local income tax base period amount; |
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| 351 | + | 41 as determined by the department. |
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| 352 | + | 42 (b) If an individual is a resident of one (1) district and is |
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| 353 | + | ES 434—LS 7313/DI 125 8 |
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| 354 | + | 1 employed within another district during a calendar year, the local |
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| 355 | + | 2 income tax for the individual shall be attributed to the district in |
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| 356 | + | 3 which the individual resides. |
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| 357 | + | 4 SECTION 9. IC 36-7.5-4.5-13, AS ADDED BY P.L.248-2017, |
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| 358 | + | 5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 359 | + | 6 JULY 1, 2023]: Sec. 13. (a) As used in this chapter, "state income tax |
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| 360 | + | 7 base period amount" means the aggregate amount of state adjusted |
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| 361 | + | 8 gross income taxes paid or remitted by or on behalf of: |
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| 362 | + | 9 (1) employees employed within a district with respect to wages |
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| 363 | + | 10 and salary earned for work in the district; and |
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| 364 | + | 11 (2) residents living within the district; |
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| 365 | + | 12 during for the calendar year that precedes the date on in which the |
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| 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 |
---|
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.". |
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| 1208 | + | Page 9, delete lines 35 through 38, begin a new paragraph and |
---|
| 1209 | + | insert: |
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| 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.". |
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| 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 |
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| 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: |
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| 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 |
---|