First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 434
AN ACT to amend the Indiana Code concerning local government
and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-33-13-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 2.5. (a) This section applies only to tax revenue:
(1) remitted by a licensed owner operating a riverboat sited at
a location approved under IC 4-33-6-4.5; and
(2) collected under this chapter after June 30, 2025.
(b) Notwithstanding section 3 of this chapter, the department
shall deposit from the tax revenue remitted under this chapter by
a licensed owner operating a riverboat sited at a location approved
under IC 4-33-6-4.5 amounts as follows:
(1) In each state fiscal year beginning after June 30, 2025, and
ending before July 1, 2027, an amount equal to the amount
deposited under IC 36-7.5-6-5(a) by the city of Gary in the
blighted property demolition fund established by
IC 36-7.5-6-4, up to three million dollars ($3,000,000).
(2) In each state fiscal year beginning after June 30, 2025, and
ending before July 1, 2045, an amount equal to the amount
deposited under IC 36-7.5-7-5(c) by an entity in the Lake
County economic development and convention fund
established by IC 36-7.5-7-5, up to five million dollars
($5,000,000).
(3) In each state fiscal year beginning after June 30, 2025, and
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ending before July 1, 2050, an amount equal to the amount
deposited under IC 36-7.5-8-4 by the city of Gary, or on
behalf of the city of Gary from any other source, in the Gary
Metro Center station revitalization fund established by
IC 36-7.5-8-3, up to three million dollars ($3,000,000).
Any amount of tax revenue remitted under this chapter by a
licensed owner operating a riverboat sited at a location approved
under IC 4-33-6-4.5 in a state fiscal year that exceeds the amount
required for the deposits in this subsection for the state fiscal year
must be deposited in the state gaming fund under section 3 of this
chapter.
(c) Budget committee review is required before any money may
be:
(1) matched under subsection (b); and
(2) released to any of the following funds:
(A) The blighted property demolition fund established by
IC 36-7.5-6-4.
(B) The Lake County economic development and
convention fund established by IC 36-7.5-7-5.
(C) The Gary Metro Center station revitalization fund
established by IC 36-7.5-8-3.
(d) The northwest Indiana regional development authority
established by IC 36-7.5-2-1 shall provide any information to the
department that the department determines is necessary for the
department to carry out this section.
(e) This section expires July 1, 2050.
SECTION 2. IC 4-33-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. Except as provided
in section 2.5 of this chapter, the department shall deposit tax revenue
collected under this chapter in the state gaming fund.
SECTION 3. IC 6-9-2-1, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
Sec. 1. (a) A county having a population of more than four hundred
thousand (400,000) but and less than seven hundred thousand
(700,000) that establishes a medical center development agency
pursuant to IC 16-23.5-2 may levy each year a tax on every person
engaged in the business of renting or furnishing, for periods of less than
thirty (30) days by the same party in the same room, any room or
rooms, lodgings, or accommodations, in any hotel, motel, inn, tourist
camp, tourist cabin, or any other place in which rooms, lodgings, or
accommodations are regularly furnished for a consideration.
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(b) Except as provided in section 1.5 of this chapter, such tax
shall be at a rate of five percent (5%) on the gross retail income derived
therefrom and is in addition to the state gross retail tax imposed on the
retail transaction.
(c) The county fiscal body may adopt an ordinance to require that
the tax shall be paid monthly to the county treasurer. Except as
provided in section 1.5 of this chapter, if such an ordinance is
adopted. The adopted, the tax shall be paid to the county treasurer not
more than twenty (20) days after the end of the month the tax is
collected. If such an ordinance is not adopted, the tax shall be imposed,
paid, and collected in exactly the same manner as the state gross retail
tax is imposed, paid, and collected.
(d) All of the provisions of the state gross retail tax (IC 6-2.5)
relating to rights, duties, liabilities, procedures, penalties, definitions,
exemptions, and administration shall be applicable to the imposition
and administration of the tax imposed by this section except to the
extent such provisions are in conflict or inconsistent with the specific
provisions of this chapter or the requirements of the county treasurer.
Specifically and not in limitation of the foregoing sentence, the terms
"person" and "gross retail income" shall have the same meaning in this
section as they have in the state gross retail tax (IC 6-2.5). If the tax is
paid to the department of state revenue, the returns to be filed for the
payment of the tax under this section may be either a separate return or
may be combined with the return filed for the payment of the state
gross retail tax as the department of state revenue may, by rule,
determine.
(e) If the tax is paid to the department of state revenue, the amounts
received from the tax shall be paid by the end of the next succeeding
month by the treasurer of state to the county treasurer upon warrants
issued by the auditor of state. Except as provided in section 1.5(c) of
this chapter, the county treasurer shall deposit the revenue received
under this chapter as provided in section 2 of this chapter.
SECTION 4. IC 6-9-2-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 1.5. (a) After June 30, 2023, the county fiscal body
may adopt an ordinance to increase the tax rate imposed under
section 1 of this chapter by not more than an additional five
percent (5%). If the county imposes the additional tax rate
authorized by this section, the additional tax rate terminates on
July 1, 2050.
(b) If the county fiscal body adopts an ordinance under this
section:
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(1) it shall immediately send a certified copy of the ordinance
to the department of state revenue; and
(2) the increase applies to transactions after the last day of the
month in which the ordinance is adopted, if the county fiscal
body adopts the ordinance on or before the fifteenth day of a
month. If the county fiscal body adopts the ordinance after
the fifteenth day of a month, the tax applies to transactions
after the last day of the month following the month in which
the ordinance is adopted.
The increase in the tax imposed under this section continues in
effect unless the increase is rescinded.
(c) The amounts received from an increase adopted under this
section shall be deposited in the Lake County convention and event
center reserve fund established by IC 36-7.5-7-10 to be used for the
purposes of the Lake County convention and event center reserve
fund.
(d) This section expires July 1, 2050.
SECTION 5. IC 6-9-2-2, AS AMENDED BY P.L.104-2022,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) This section does not apply to any
revenue received from an increase adopted under section 1.5 of this
chapter.
(b) The revenue received by the county treasurer under this chapter
shall be allocated to the Lake County convention and visitor bureau,
Indiana University-Northwest, Purdue University Northwest, municipal
public safety departments, municipal physical and economic
development divisions, and the cities and towns in the county as
provided in this section. Subsections (b) through (g) (c) through (h) do
not apply to the distribution of revenue received under section 1 of this
chapter from hotels, motels, inns, tourist camps, tourist cabins, and
other lodgings or accommodations built or refurbished after June 30,
1993, that are located in the city of Gary.
(b) (c) The Lake County convention and visitor bureau shall
establish a convention, tourism, and visitor promotion fund (referred
to in this chapter as the "promotion fund"). The county treasurer shall
transfer to the Lake County convention and visitor bureau for deposit
in the promotion fund thirty-five percent (35%) of the first one million
two hundred thousand dollars ($1,200,000) of revenue received from
the tax imposed under this chapter in each year. The promotion fund
consists of:
(1) money in the promotion fund on June 30, 2005;
(2) revenue deposited in the promotion fund under this subsection
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after June 30, 2005; and
(3) investment income earned on the promotion fund's assets.
Money in the funds established by the bureau may be expended to
promote and encourage conventions, trade shows, special events,
recreation, and visitors. Money may be paid from the funds established
by the bureau, by claim in the same manner as municipalities may pay
claims under IC 5-11-10-1.6.
(c) (d) This subsection applies to the first one million two hundred
thousand dollars ($1,200,000) of revenue received from the tax
imposed under this chapter in each year. During each year, the county
treasurer shall transfer to Indiana University-Northwest forty-four and
thirty-three hundredths percent (44.33%) of the revenue received under
this chapter for that year to be used as follows:
(1) Seventy-five percent (75%) of the revenue received under this
subsection may be used only for the university's medical
education programs.
(2) Twenty-five percent (25%) of the revenue received under this
subsection may be used only for the university's allied health
education programs.
(d) (e) This subsection applies to the first one million two hundred
thousand dollars ($1,200,000) of revenue received from the tax
imposed under this chapter in each year. During each year, the county
treasurer shall allocate among the cities and towns throughout the
county nine percent (9%) of the revenue received under this chapter for
that year as follows:
(1) Ten percent (10%) of the revenue covered by this subsection
shall be distributed to the city of Gary.
(2) Ten percent (10%) of the revenue covered by this subsection
shall be distributed to the city of Hammond.
(3) Ten percent (10%) of the revenue covered by this subsection
shall be distributed to the city of East Chicago.
(4) Seventy percent (70%) of the revenue covered by this
subsection shall be distributed in equal amounts to each town and
each city not receiving a distribution under subdivisions (1)
through (3).
The money distributed under this subsection may be used only for
tourism and economic development projects. The county treasurer shall
make the distributions on or before December 1 of each year.
(e) (f) This subsection applies to the first one million two hundred
thousand dollars ($1,200,000) of revenue received from the tax
imposed under this chapter in each year. During each year, the county
treasurer shall transfer to Purdue University Northwest nine percent
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(9%) of the revenue received under this chapter for that year. The
money received by Purdue University Northwest may be used by the
university only for nursing education programs.
(f) (g) This subsection applies to the first one million two hundred
thousand dollars ($1,200,000) of revenue received from the tax
imposed under this chapter in each year. During each year, the county
treasurer shall transfer two and sixty-seven hundredths percent (2.67%)
of the revenue received under this chapter for that year to the following
cities:
(1) Fifty percent (50%) of the revenue covered by this subsection
shall be transferred to the city of Gary.
(2) Fifty percent (50%) of the revenue covered by this subsection
shall be transferred to the city of Hammond.
Money transferred under this subsection may be used only for
convention facilities located within the city. In addition, the money may
be used only for facility marketing, sales, capital expenditures, and
public relations programs. Money transferred under this subsection
may not be used for salaries or facility operating costs or capital
expenditures related to the convention facilities. The county treasurer
shall make the transfers on or before December 1 of each year.
(g) (h) This subsection applies to the revenue received from the tax
imposed under this chapter in each year that exceeds one million two
hundred thousand dollars ($1,200,000). During each year, the county
treasurer shall distribute money in the promotion fund as follows:
(1) Eighty-five percent (85%) of the revenue covered by this
subsection shall be deposited in the convention, tourism, and
visitor promotion fund. The money deposited in the fund under
this subdivision may be used only for the purposes for which
other money in the fund may be used.
(2) Five percent (5%) of the revenue covered by this subsection
shall be transferred to Purdue University Northwest. The money
received by Purdue University Northwest under this subdivision
may be used by the university only for nursing education
programs.
(3) Five percent (5%) of the revenue covered by this subsection
shall be transferred to Indiana University-Northwest. The money
received by Indiana University-Northwest under this subdivision
may be used only for the university's medical education programs.
(4) Five percent (5%) of the revenue covered by this subsection
shall be transferred to Indiana University-Northwest. The money
received by Indiana University-Northwest under this subdivision
may be used only for the university's allied health education
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programs.
(h) (i) This subsection applies only to the distribution of revenue
received from the tax imposed under section 1 of this chapter from
hotels, motels, inns, tourist camps, tourist cabins, and other lodgings or
accommodations built or refurbished after June 30, 1993, that are
located in the city of Gary. During each year, the county treasurer shall
transfer:
(1) seventy-five percent (75%) of the revenues under this
subsection to the department of public safety; and
(2) twenty-five percent (25%) of the revenues under this
subsection to the division of physical and economic development;
of the city of Gary.
(i) (j) The Lake County convention and visitor bureau shall assist
the county treasurer, as needed, with the calculation of the amounts that
must be deposited and transferred under this section.
SECTION 6. IC 36-7.5-6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 6. Blighted Property Demolition Fund
Sec. 1. As used in this chapter, "blighted" means real property,
including a building or structure on the real property, that is no
longer in acceptable or beneficial condition to its community and
has lost its value as a social good or economic commodity or its
functional status as a livable space. The term includes a vacant lot.
Sec. 2. As used in this chapter, "fund" refers to the blighted
property demolition fund established by section 4 of this chapter.
Sec. 3. As used in this chapter, "qualified property" means
commercial or residential real property, including a structure or
building located on the real property, that:
(1) is the subject of an order for demolition and removal
issued under IC 36-7-9-5(a)(6) or IC 36-7-9-5(a)(7);
(2) is:
(A) vacant or abandoned;
(B) blighted; or
(C) otherwise structurally damaged; and
(3) poses a public health or safety risk in the community,
including by contributing to crime.
Sec. 4. (a) The blighted property demolition fund is established
to provide grants to the city of Gary to demolish qualified
properties.
(b) The fund consists of:
(1) appropriations from the general assembly;
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(2) available federal funds;
(3) transfers of money under IC 4-33-13-2.5(b)(1);
(4) deposits required under section 5(a) and 5(b) of this
chapter; and
(5) gifts, grants, donations, or other contributions from any
other public or private source.
(c) The development authority shall administer the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(e) The money remaining in the fund at the end of a state fiscal
year does not revert to the state general fund.
(f) Money in the fund is continuously appropriated for the
purposes of this chapter.
Sec. 5. (a) In each state fiscal year beginning after June 30, 2023,
the city of Gary shall transfer up to three million dollars
($3,000,000) to the development authority for deposit in the fund.
(b) In each state fiscal year beginning after June 30, 2023, and
ending before July 1, 2025, the development authority shall deposit
three million dollars ($3,000,000) in the fund from reserve amounts
held by the development authority.
(c) After June 30, 2025, but not later than July 1, 2026, the
development authority shall be reimbursed for all amounts
deposited under subsection (b) using money in the fund. Budget
committee review is not required for reimbursement under this
subsection.
Sec. 6. (a) The development authority shall use the money in the
fund to provide grants to the city of Gary for use in paying the
reasonable and necessary costs associated with demolishing a
qualified property located in the territory of a current or future
transit development district or in the area surrounding the Gary
Metro Center, including:
(1) demolition costs;
(2) permit fees;
(3) abatement of any hazardous materials;
(4) air monitoring at demolition sites;
(5) site grading; or
(6) replacement of damaged sidewalk, including any
associated work.
(b) If the amount of money in the fund is greater than the
amount needed for the purpose described in subsection (a), as
determined by the development authority, the development
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authority may use money in the fund:
(1) to provide grants to the city of Gary for paying reasonable
and necessary costs, as described in subsection (a), that are
associated with demolishing a qualified property located in an
area that is contiguous to the territory of a current or future
transit development district; or
(2) for purposes of preliminary planning and design of the
Gary Metro Center station revitalization project.
(c) Money in the fund may not be used for any of the following
purposes:
(1) City administrative costs, including project management.
(2) Property acquisition or redevelopment.
Sec. 7. The city of Gary may apply to the development authority
for a grant from the fund in the manner prescribed by the
development authority. The city of Gary shall submit to the
development authority any information that the development
authority determines is necessary.
Sec. 8. The city of Gary shall provide reports to the development
authority concerning the work completed, a detailed accounting of
projects, project milestones, and other relevant information. The
development authority may determine the frequency of the
reporting required under this section.
Sec. 9. The development authority shall quarterly report to the
budget committee on all uses of money in the fund, including
grants provided and grant amounts.
Sec. 10. This chapter expires July 1, 2050.
SECTION 7. IC 36-7.5-7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 7. Lake County Economic Development and
Convention Fund
Sec. 1. As used in this chapter, "commuter transportation
district" means the northern Indiana commuter transportation
district established under IC 8-5-15.
Sec. 2. As used in this chapter, "convention center authority"
refers to the Lake County convention center authority established
under section 9 of this chapter.
Sec. 3. As used in this chapter, "convention fund" means the
Lake County economic development and convention fund
established by section 5 of this chapter.
Sec. 4. As used in this chapter, "reserve fund" means the Lake
County convention and event center reserve fund established by
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section 10 of this chapter.
Sec. 5. (a) The Lake County economic development and
convention fund is established. The fund shall be administered by
the development authority.
(b) The convention fund consists of:
(1) deposits under IC 4-33-13-2.5(b)(2);
(2) deposits under subsection (c);
(3) appropriations to the fund;
(4) gifts, grants, loans, bond proceeds, and other money
received for deposit in the fund; and
(5) other deposits or transfers of funds from local units
located in Lake County.
(c) If a proposal is approved as provided under this chapter,
each state fiscal year, beginning with the first state fiscal year that
begins after the proposal is approved, the approved entity shall
deposit up to five million dollars ($5,000,000) in the convention
fund.
(d) The development authority shall administer money,
including determining amounts to be used and the specific
purposes, from the convention fund.
(e) Except as provided in section 8(d) of this chapter, the money
remaining in the convention fund at the end of a state fiscal year
does not revert to the state general fund.
(f) Money in the convention fund is continuously appropriated
for the purposes of this chapter.
(g) Subject to budget committee review, but except as provided
in subsection (i), the development authority may receive
reimbursement for expenses incurred and a reasonable and
customary amount for providing administrative services from
money in the convention fund.
(h) The development authority shall quarterly report to the
budget committee on all uses of money in the convention fund and
the status of the convention and event center project.
(i) The development authority shall conduct an updated
feasibility study related to a potential convention and event center
located in Lake County. The development authority shall be
reimbursed for the costs of obtaining the updated feasibility study
from money in the fund. Budget committee review is not required
for reimbursement under this subsection.
Sec. 6. (a) Money in the convention fund may be used only for
the following:
(1) To acquire, improve, prepare, modernize, construct,
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repair, demolish, and equip a convention center located in
Lake County.
(2) To pay the principal and interest on any obligations,
including bonds or leases and development costs, incurred by
the development authority for the purpose of financing or
refinancing the development of a convention center located in
Lake County.
(3) To establish, augment, or restore a debt service reserve for
obligations described in this subsection.
(4) If the development authority determines excess money
exists in the convention fund, for improvements to the
convention center and around the convention center.
(b) Money in the convention fund may not be used to pay
operating expenses.
Sec. 7. A public-private agreement may be entered into for
purposes of operating and maintaining a convention center located
in Lake County.
Sec. 8. (a) Beginning July 1, 2023, the Lake County board of
commissioners shall begin accepting proposals for the
development, operation, and an ownership share in a Lake County
convention and event center from any entity qualified to fund and
operate a convention and event center, including local political
subdivisions. Subject to subsection (d), timely proposals shall be
submitted not later than May 31, 2024. A proposal must include at
least the following:
(1) Any variance in the entity's proposal from what is
described in the updated feasibility study prepared under
section 5(i) of this chapter as the variance is related to a
return on investment analysis, including anticipated income
generated countywide, peripheral investment anticipated to
result from the project, or anticipated gross retail tax revenue
to be generated from the project.
(2) The uses that the convention and event center will
accommodate.
(3) Acknowledgment that in order to secure money from the
convention fund and reserve fund, the Lake County
convention center authority, as described in section 9 of this
chapter, will share in ownership of the convention and event
center.
(4) An operating plan, including information concerning:
(A) any third party entity expected to manage and operate
the facility;
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(B) any professional experience with convention center
operations;
(C) any professional experience with facility management;
and
(D) any experience with efficiency programs used for
managing operating costs and capital expenditures.
(5) An anticipated operating budget for the facility, including
the financing of any operational shortfall and pro forma
operating statements for the first five (5) years of operations.
(6) Any documents related to vendor agreements, leases,
partnerships, and financing plans and commitments.
(7) Any proposed or available hotel accommodations that may
be dedicated for the promotion and sales of the convention
and event center, and not for promotional uses for any other
associated facility.
(8) Any other information considered necessary by the Lake
County board of commissioners.
(b) Proposals shall be submitted to the Lake County board of
commissioners and reviewed for completeness, adherence to the
requirements under this section, and evaluation of the materials
submitted.
(c) The Lake County board of commissioners shall hold public
hearings concerning proposals submitted and for the selection of
any professional advisers to be used in approval of a proposal.
(d) If a proposal is approved, the Lake County board of
commissioners shall adopt a resolution to that effect not later than
December 1, 2024. If no proposal is approved before December 1,
2024, proposals may continue to be submitted to the Lake County
board of commissioners for review. However, if no proposal is
approved before January 1, 2028, no additional proposals may be
accepted, and any money in the fund reverts to the state general
fund.
Sec. 9. (a) If a proposal is approved under section 8 of this
chapter, following the approval of the proposal, the Lake County
convention center authority is established for the purpose of
holding an equal share of ownership of the Lake County
convention and event center with the entity whose proposal is
approved and for providing general oversight of the upkeep,
improvements, and management team as outlined in the accepted
proposal. Subject to subsection (e), the convention center authority
consists of seven (7) members, appointed as follows:
(1) Three (3) members appointed by the entity whose proposal
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is approved under section 8 of this chapter.
(2) Three (3) members appointed by the Lake County board
of commissioners.
(3) One (1) member appointed by the governor.
Individuals appointed to the convention center authority must have
professional experience in commercial facility management.
(b) The term of office for a member of the board is two (2)
years. The term begins July 1 of the year in which the member is
appointed and ends on June 30 of the second year following the
member's appointment. A member may be reappointed after the
member's term has expired.
(c) A vacancy in membership must be filled in the same manner
as the original appointment. Appointments made to fill a vacancy
that occurs before the expiration of a term are for the remainder
of the unexpired term.
(d) The member appointed under subsection (a)(3) shall serve
as the chairperson of the convention center authority. The
convention center authority shall meet at the call of the
chairperson.
(e) An individual may not be appointed to the convention center
authority if the individual is a party to a contract or agreement
with the entity whose proposal is approved, is employed by the
entity whose proposal is approved, or otherwise has a direct or
indirect financial interest in the entity whose proposal is approved
under this chapter.
Sec. 10. (a) A local county fund known as the Lake County
convention and event center reserve fund is established to pay for:
(1) additions;
(2) refurbishment; and
(3) budget shortfalls or other unusual costs;
of a convention and event center that is constructed using money
from the convention fund under this chapter.
(b) The reserve fund consists of:
(1) transfers under IC 6-9-2-1.5(c); and
(2) gifts, grants, donations, or other contributions from any
other public or private source.
(c) The convention center authority shall administer the reserve
fund.
Sec. 11. (a) With respect to projects undertaken by the
development authority under this chapter, the development
authority shall set a goal for participation by minority business
enterprises of fifteen percent (15%) and women's business
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enterprises of five percent (5%), consistent with the goals of
delivering the project on time and within the budgeted amount
and, insofar as possible, using Indiana businesses for employees,
goods, and services. In fulfilling the goal, the development
authority shall take into account historical precedents in the same
market.
(b) In addition to the provisions of subsection (a), with respect
to construction and demolition projects undertaken by the
development authority under this chapter, the development
authority shall set a goal for hiring at least twenty percent (20%)
of employees from local units:
(1) located within the boundaries of the development
authority; and
(2) with an unemployment rate that exceeds the statewide
unemployment rate by more than twenty percent (20%).
Sec. 12. This chapter expires July 1, 2050.
SECTION 8. IC 36-7.5-8 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 8. Gary Metro Center Station Revitalization Fund
Sec. 1. As used in this chapter, "board" refers to the Gary
Metro Center station revitalization project board established by
section 6 of this chapter.
Sec. 2. As used in this chapter, "fund" refers to the Gary Metro
Center station revitalization fund established by section 3 of this
chapter.
Sec. 3. (a) The Gary Metro Center station revitalization fund is
established to provide funding for the Gary Metro Center station
revitalization project.
(b) The fund consists of:
(1) appropriations from the general assembly;
(2) available federal funds;
(3) transfers of money under IC 4-33-13-2.5(b)(3);
(4) deposits required under section 4 of this chapter; and
(5) gifts, grants, donations, or other contributions from any
other public or private source.
(c) The development authority shall administer the fund.
(d) The money remaining in the fund at the end of a state fiscal
year does not revert to the state general fund.
(e) Money in the fund is continuously appropriated for the
purposes of this chapter.
(f) Subject to budget committee review, the development
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authority may receive reimbursement for expenses incurred and
a reasonable and customary amount for providing administrative
services from money in the fund.
Sec. 4. (a) In each state fiscal year beginning after June 30, 2025,
the city of Gary shall transfer up to three million dollars
($3,000,000) to the development authority for deposit in the fund,
in order to obtain state matching grants and the issuance of bonds
for the Gary Metro Center station revitalization project. The city
of Gary may enter into an agreement with the licensed owner
operating a riverboat sited at a location approved under
IC 4-33-6-4.5 for a term of twenty-five (25) years, for contributions
of up to three million dollars ($3,000,000), in order to obtain state
matching grants.
(b) The city of Gary and the development authority shall apply
for all available federal grants to defer the cost of construction for
the Gary Metro Center station revitalization project.
(c) The northern Indiana commuter transportation district
established under IC 8-5-15 shall pursue federal funding for the
purposes of modernizing the Gary metro train platform.
Sec. 5. (a) The development authority shall use the money in the
fund for planning costs, design costs, engineering costs, and
architectural costs, and to provide matching funds needed for
federal matching grants for the demolition and reconstruction of
the Gary Metro Center station. The development authority shall
reconstruct the Gary Metro Center station and coordinate among
the several transit authorities, the city of Gary, and the federal
government in accomplishing the replacement of the facility.
(b) If the amount of money in the fund is greater than the
amount needed for the purposes described in subsection (a), as
determined by the development authority, the development
authority may use money in the fund:
(1) to provide grants to the city of Gary for paying reasonable
and necessary costs associated with demolishing a qualified
property (as defined in IC 36-7.5-6-3) located in an area that
is contiguous to the territory of a current or future transit
development district;
(2) for purposes of revitalizing property contiguous to the
territory of a current or future transit development district;
(3) for other costs related to expansion of the Gary Metro
Center station; and
(4) for purposes of paying expenses for enhancing public
safety in the area immediately surrounding the Gary Metro
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Center station and within the established transit development
district.
Sec. 6. (a) The Gary Metro Center station revitalization project
board is established.
(b) Subject to subsection (f), the board consists of the following
seven (7) members:
(1) Three (3) members appointed by the executive of the city
of Gary.
(2) Three (3) members appointed by the development
authority.
(3) One (1) member appointed by the governor.
Individuals appointed to the board must have professional
experience in commercial facility management.
(c) Ownership of the Gary Metro Center station shall be held by
the board.
(d) The board shall provide oversight of the ongoing
maintenance and operation of the Gary Metro Center station.
(e) The member appointed under subsection (b)(3) shall serve as
the chairperson of the board. The board shall meet at the call of the
chairperson.
(f) An individual may not be appointed to the board if the
individual is a party to a contract or agreement with an entity
involved in the reconstruction of the Gary Metro Center station, is
employed by an entity involved in the reconstruction of the Gary
Metro Center station, or otherwise has a direct or indirect
financial interest in an entity involved in the reconstruction of the
Gary Metro Center station.
Sec. 7. (a) The term of office for a member of the board is two
(2) years. The term begins July 1 of the year in which the member
is appointed and ends on June 30 of the second year following the
member's appointment. A member may be reappointed after the
member's term has expired.
(b) A vacancy in membership must be filled in the same manner
as the original appointment. Appointments made to fill a vacancy
that occurs before the expiration of a term are for the remainder
of the unexpired term.
Sec. 8. The development authority shall quarterly report to the
budget committee on all uses of money in the fund, including
grants provided and grant amounts.
SEA 434 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 434 — CC 1