IN
Indiana House Bill HB1199

Indiana 2024 Regular Session

Indiana House Bill HB1199 Compare Versions

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1+*EH1199.2*
2+Reprinted
3+February 28, 2024
4+ENGROSSED
5+HOUSE BILL No. 1199
6+_____
7+DIGEST OF HB 1199 (Updated February 27, 2024 3:36 pm - DI 120)
8+Citations Affected: IC 36-7.
9+Synopsis: Economic enhancement district. Requires the legislative
10+body to provide notice and conduct a public hearing before a proposed
11+economic enhancement district may be established. Amends the
12+definition of "economic enhancement project". Amends the required
13+contents of an ordinance to establish an economic enhancement
14+district. Increases the number of members of an economic enhancement
15+board from eight to nine and amends the composition of the board.
16+Requires an economic enhancement district to expire not later than 10
17+(Continued next page)
18+Effective: Upon passage.
19+McGuire, Thompson, Speedy,
20+Manning
21+(SENATE SPONSORS — BALDWIN, GARTEN, FREEMAN, MESSMER)
22+January 9, 2024, read first time and referred to Committee on Ways and Means.
23+January 25, 2024, reported — Do Pass.
24+January 29, 2024, read second time, ordered engrossed.
25+January 30, 2024, engrossed. Read third time, passed. Yeas 64, nays 29.
26+SENATE ACTION
27+February 7, 2024, read first time and referred to Committee on Tax and Fiscal Policy.
28+February 22, 2024, amended, reported favorably — Do Pass. Reassigned to Committee on
29+Rules and Legislative Procedure pursuant to Rule 68(b).
30+February 26, 2024, committee report adopted pursuant to Rule 66(b).
31+February 27, 2024, read second time, amended, ordered engrossed.
32+EH 1199—LS 6293/DI 125 Digest Continued
33+years from the date of the adoption of an ordinance. Repeals a
34+provision that allows an economic enhancement district to be extended.
35+Requires that an ordinance establishing an economic enhancement
36+district must be adopted on or before December 31, 2024. Provides that
37+if the legislative body of a city has adopted an ordinance to establish an
38+economic enhancement district before the effective date of this bill,
39+that ordinance shall be void, but may be revised and reenacted by the
40+legislative body by the adoption of a new ordinance, which must
41+comply with the provisions added in the bill. Makes a technical
42+correction.
43+EH 1199—LS 6293/DI 125EH 1199—LS 6293/DI 125 Reprinted
44+February 28, 2024
145 Second Regular Session of the 123rd General Assembly (2024)
246 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
347 Constitution) is being amended, the text of the existing provision will appear in this style type,
448 additions will appear in this style type, and deletions will appear in this style type.
549 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
650 provision adopted), the text of the new provision will appear in this style type. Also, the
751 word NEW will appear in that style type in the introductory clause of each SECTION that adds
852 a new provision to the Indiana Code or the Indiana Constitution.
953 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1054 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1199
12-AN ACT to amend the Indiana Code concerning local government.
55+ENGROSSED
56+HOUSE BILL No. 1199
57+A BILL FOR AN ACT to amend the Indiana Code concerning local
58+government.
1359 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 36-7-40-3, AS ADDED BY P.L.201-2023,
60+1 SECTION 1. IC 36-7-40-3, AS ADDED BY P.L.201-2023,
61+2 SECTION 279, IS AMENDED TO READ AS FOLLOWS
62+3 [EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this chapter,
63+4 "economic enhancement project" means the following:
64+5 (1) Providing security for public areas, including installing and
65+6 maintaining exterior cameras directly linked with the Indianapolis
66+7 metropolitan police department central control.
67+8 (2) Employing safety ambassadors to:
68+9 (A) deter aggressive panhandling and other nuisance behavior;
69+10 (B) assist with directions and information;
70+11 (C) facilitate open communications with police to report
71+12 ongoing issues;
72+13 (D) provide safety escort services; and
73+14 (E) maintain a network of communication throughout the
74+15 downtown area by engaging with private and public security
75+16 companies.
76+17 (3) Cleaning and maintaining sidewalks, including picking up
77+EH 1199—LS 6293/DI 125 2
78+1 litter, removing graffiti, and power washing.
79+2 (4) Conducting extensive outreach to unsheltered homeless
80+3 individuals.
81+4 (5) Funding facility operations for a low barrier shelter for
82+5 homeless individuals.
83+6 (6) Designing, landscaping, beautifying, or maintaining public
84+7 areas.
85+8 (7) Activating and promoting public events.
86+9 (8) Creating innovative approaches to attracting new businesses.
87+10 (9) (7) Supporting business development.
88+11 (10) Planning improvement activities.
89+12 SECTION 2. IC 36-7-40-3.5 IS ADDED TO THE INDIANA CODE
90+13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
91+14 UPON PASSAGE]: Sec. 3.5. (a) Before an economic enhancement
92+15 district may be established under this chapter, the clerk of the
93+16 city-county council shall, in the manner provided by IC 5-3-1,
94+17 publish notice of a hearing on the proposed economic enhancement
95+18 district. The clerk of the city-county council shall mail a copy of the
96+19 notice to each owner of real property within the proposed
97+20 economic enhancement district. The notice must include the
98+21 boundaries of the proposed district, a description of the proposed
99+22 economic enhancement projects, the proposed formula for
100+23 determining the percentage of the total benefit to be received by
101+24 each parcel of real property, and the hearing date. The date of the
102+25 hearing may not be more than sixty (60) days after the date on
103+26 which the notice is mailed.
104+27 (b) At the public hearing under subsection (a), the legislative
105+28 body shall hear all owners of real property in the proposed district
106+29 (who appear and request to be heard) upon the questions of:
107+30 (1) the sufficiency of the notice;
108+31 (2) whether the proposed economic enhancement projects are
109+32 of public utility and benefit;
110+33 (3) whether the formula to be used for the assessment of
111+34 special benefits is appropriate; and
112+35 (4) whether the district contains all, or more or less than all,
113+36 of the property specially benefitted by the proposed economic
114+37 enhancement projects.
115+38 SECTION 3. IC 36-7-40-4, AS AMENDED BY THE TECHNICAL
116+39 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
117+40 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
118+41 PASSAGE]: Sec. 4. (a) After conducting a hearing under section 3.5
119+42 of this chapter, the legislative body of a city may adopt an ordinance
120+EH 1199—LS 6293/DI 125 3
121+1 on or before December 31, 2024, establishing a special assessment
122+2 district known as the economic enhancement district. The adopting
123+3 ordinance must contain the following:
124+4 (1) The boundaries of the proposed economic enhancement
125+5 district, which may not exceed the boundaries of the Mile Square
126+6 area of the city. However, the boundary must be the same
127+7 distance in length on all sides compared to the center of the
128+8 city, but may not exceed a two (2) mile square.
129+9 (2) A finding that the proposed economic enhancement projects
130+10 will provide special benefits to all property owners of the
131+11 economic enhancement district.
132+12 (3) A finding that excludes the following types of properties
133+13 from the assessment of benefits:
134+14 (A) Any property that receives a homestead standard
135+15 deduction under IC 6-1.1-12-37.
136+16 (B) Any property that is used for multi-unit residential
137+17 housing.
138+18 However, notwithstanding the exclusion provisions, an owner
139+19 of property described in clause (A) or (B) and the owner of
140+20 any property located outside the economic enhancement
141+21 district may voluntarily opt-in to include their property in the
142+22 economic enhancement district assessment of benefits by
143+23 notifying the county auditor in writing. If a property that is
144+24 opted into the economic enhancement district assessment of
145+25 benefits is subsequently sold, the new owner of the property
146+26 shall have the opportunity to determine whether or not they
147+27 will opt-in to include the property in the economic
148+28 enhancement district assessment of benefits. A determination
149+29 to opt-in to the economic enhancement district assessment of
150+30 benefits is binding until a property is sold.
151+31 (3) (4) The formula to be used for the assessment of benefits, as
152+32 provided in section 6 of this chapter; and which shall be as
153+33 follows:
154+34 (A) The annual special benefits assessment shall be
155+35 calculated in a manner that will generate an amount not to
156+36 exceed five million five hundred thousand dollars
157+37 ($5,500,000).
158+38 (B) For each taxable property in the district, the special
159+39 benefits assessment shall be calculated as follows:
160+40 (i) Residential properties shall be assessed a flat fee of
161+41 two hundred fifty dollars ($250) each.
162+42 (ii) All other nonresidential taxable property shall be
163+EH 1199—LS 6293/DI 125 4
164+1 assessed at a rate equal to the total budget amount minus
165+2 the total amount raised from residential properties
166+3 divided by the total assessed value of all the
167+4 nonresidential taxable property in the district. This
168+5 fraction shall be considered the economic enhancement
169+6 district assessment rate. The economic enhancement
170+7 district assessment rate shall be multiplied by the
171+8 assessed value of any nonresidential taxable property to
172+9 determine that property's assessment.
173+10 (4) (5) An expiration date of the economic enhancement district,
174+11 which subject to subsection (b), may not be later than ten (10)
175+12 years from the date of the adoption of the ordinance and may not
176+13 be renewed. The adopting ordinance must establish an economic
177+14 enhancement district board.
178+15 (b) Notwithstanding subsection (a), the termination of the downtown
179+16 recovery district may be extended for a period of ten (10) additional
180+17 years if the legislative body adopts an ordinance and the general
181+18 assembly enacts legislation to extend the life of the economic
182+19 enhancement district.
183+20 SECTION 4. IC 36-7-40-5, AS ADDED BY P.L.201-2023,
184+21 SECTION 279, IS AMENDED TO READ AS FOLLOWS
185+22 [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) An ordinance adopted
186+23 under section 4 of this chapter must establish an economic
187+24 enhancement board consisting of eight (8) nine (9) members to be
188+25 appointed as follows:
189+26 (1) Two (2) members appointed by the legislative body of the city.
190+27 (2) Two (2) members One (1) member appointed by the mayor
191+28 of the city.
192+29 (3) Two (2) Four (4) members appointed by the governor. One
193+30 (1) of the members appointed under this subdivision must
194+31 represent the business community and own real property located
195+32 within the economic enhancement district.
196+33 (4) One (1) member of the state senate appointed by the president
197+34 pro tempore.
198+35 (5) One (1) member of the house of representatives appointed by
199+36 the speaker.
200+37 A majority of the board members must own real property within the
201+38 economic enhancement district. Each board member shall serve a term
202+39 of one (1) year from the first day of January after the board member's
203+40 appointment and until the board member's successor is appointed and
204+41 qualified.
205+42 (b) A proposal before the board must receive at least five (5) six (6)
206+EH 1199—LS 6293/DI 125 5
207+1 votes to authorize action by the board.
208+2 (c) Downtown Indy, Inc., or its successor organization, shall provide
209+3 staff support to the economic enhancement board.
210+4 (d) The members appointed under subsection (a)(4) and (a)(5) may
211+5 not receive compensation for service on the board.
212+6 SECTION 5. IC 36-7-40-9, AS AMENDED BY THE TECHNICAL
213+7 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
214+8 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
215+9 PASSAGE]: Sec. 9. The board may enter into lease or contractual
216+10 agreements, or both, with governmental, not-for-profit, or other private
217+11 entities for the purpose of carrying out recovery economic
218+12 enhancement projects. The term of any lease or contractual
219+13 agreement may not exceed the expiration date of the economic
220+14 enhancement district ordinance under section 4 of this chapter.
221+15 SECTION 6. IC 36-7-40-12, AS ADDED BY P.L.201-2023,
222+16 SECTION 279, IS AMENDED TO READ AS FOLLOWS
223+17 [EFFECTIVE UPON PASSAGE]: Sec. 12. Subject to section 13 of this
224+18 chapter, after approval of the city fiscal body, the board may issue
225+19 revenue bonds, whose term may not exceed the expiration date of
226+20 the economic enhancement district ordinance under section 4 of
227+21 this chapter, payable from special benefits assessment revenues or
228+22 other revenues of the economic enhancement district to finance an
229+23 economic enhancement project.
230+24 SECTION 7. IC 36-7-40-14 IS ADDED TO THE INDIANA CODE
231+25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
232+26 UPON PASSAGE]: Sec. 14. If the legislative body of a city has
233+27 adopted an ordinance to establish an economic enhancement
234+28 district under this chapter before the effective date of HEA
235+29 1199-2024, that ordinance shall be void, but may be revised and
236+30 reenacted by the legislative body of the city by the adoption of a
237+31 new ordinance under section 4 of this chapter, which must comply
238+32 with the provisions of this chapter as amended by HEA 1199-2024.
239+33 SECTION 8. An emergency is declared for this act.
240+EH 1199—LS 6293/DI 125 6
241+COMMITTEE REPORT
242+Mr. Speaker: Your Committee on Ways and Means, to which was
243+referred House Bill 1199, has had the same under consideration and
244+begs leave to report the same back to the House with the
245+recommendation that said bill do pass.
246+(Reference is to HB 1199 as introduced.)
247+THOMPSON
248+Committee Vote: Yeas 15, Nays 9
249+_____
250+COMMITTEE REPORT
251+Madam President: The Senate Committee on Tax and Fiscal Policy,
252+to which was referred House Bill No. 1199, has had the same under
253+consideration and begs leave to report the same back to the Senate with
254+the recommendation that said bill be AMENDED as follows:
255+Delete the title and insert the following:
256+A BILL FOR AN ACT to amend the Indiana Code concerning local
257+government.
258+Page 1, line 1, delete "IC 36-7-40 IS REPEALED [EFFECTIVE
259+UPON" and insert "IC 36-7-40-3, AS ADDED BY P.L.201-2023,
15260 SECTION 279, IS AMENDED TO READ AS FOLLOWS
16261 [EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this chapter,
17262 "economic enhancement project" means the following:
18263 (1) Providing security for public areas, including installing and
19264 maintaining exterior cameras directly linked with the Indianapolis
20265 metropolitan police department central control.
21266 (2) Employing safety ambassadors to:
22267 (A) deter aggressive panhandling and other nuisance behavior;
23268 (B) assist with directions and information;
24269 (C) facilitate open communications with police to report
25270 ongoing issues;
26271 (D) provide safety escort services; and
27272 (E) maintain a network of communication throughout the
28273 downtown area by engaging with private and public security
29274 companies.
30275 (3) Cleaning and maintaining sidewalks, including picking up
31276 litter, removing graffiti, and power washing.
32277 (4) Conducting extensive outreach to unsheltered homeless
33278 individuals.
279+EH 1199—LS 6293/DI 125 7
34280 (5) Funding facility operations for a low barrier shelter for
35281 homeless individuals.
36282 (6) Designing, landscaping, beautifying, or maintaining public
37-HEA 1199 — Concur 2
38283 areas.
39284 (7) Activating and promoting public events.
40285 (8) Creating innovative approaches to attracting new businesses.
41286 (9) (7) Supporting business development.
42287 (10) Planning improvement activities.
43-SECTION 2. IC 36-7-40-3.5 IS ADDED TO THE INDIANA CODE
44-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
45-UPON PASSAGE]: Sec. 3.5. (a) Before an economic enhancement
46-district may be established under this chapter, the clerk of the
47-city-county council shall, in the manner provided by IC 5-3-1,
48-publish notice of a hearing on the proposed economic enhancement
49-district. The clerk of the city-county council shall mail a copy of the
50-notice to each owner of real property within the proposed
51-economic enhancement district. The notice must include the
52-boundaries of the proposed district, a description of the proposed
53-economic enhancement projects, the proposed formula for
54-determining the percentage of the total benefit to be received by
55-each parcel of real property, and the hearing date. The date of the
56-hearing may not be more than sixty (60) days after the date on
57-which the notice is mailed.
58-(b) At the public hearing under subsection (a), the legislative
59-body shall hear all owners of real property in the proposed district
60-(who appear and request to be heard) upon the questions of:
61-(1) the sufficiency of the notice;
62-(2) whether the proposed economic enhancement projects are
63-of public utility and benefit;
64-(3) whether the formula to be used for the assessment of
65-special benefits is appropriate; and
66-(4) whether the district contains all, or more or less than all,
67-of the property specially benefitted by the proposed economic
68-enhancement projects.
69-SECTION 3. IC 36-7-40-4, AS AMENDED BY THE TECHNICAL
288+SECTION 2. IC 36-7-40-4, AS AMENDED BY THE TECHNICAL
70289 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
71290 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
72-PASSAGE]: Sec. 4. (a) After conducting a hearing under section 3.5
73-of this chapter, the legislative body of a city may adopt an ordinance
74-on or before December 31, 2024, establishing a special assessment
75-district known as the economic enhancement district. The adopting
76-ordinance must contain the following:
291+PASSAGE]: Sec. 4. (a) The legislative body of a city may adopt an
292+ordinance on or before December 31, 2024, establishing a special
293+assessment district known as the economic enhancement district. The
294+adopting ordinance must contain the following:
77295 (1) The boundaries of the proposed economic enhancement
78296 district, which may not exceed the boundaries of the Mile Square
79297 area of the city. However, the boundary must be the same
80-HEA 1199 — Concur 3
81298 distance in length on all sides compared to the center of the
82-city, but may not exceed a two (2) mile square.
299+city.
83300 (2) A finding that the proposed economic enhancement projects
84301 will provide special benefits to all property owners of the
85302 economic enhancement district.
86303 (3) A finding that excludes the following types of properties
87304 from the assessment of benefits:
88305 (A) Any property that receives a homestead standard
89306 deduction under IC 6-1.1-12-37.
90307 (B) Any property that is used for multi-unit residential
91308 housing.
92309 However, notwithstanding the exclusion provisions, an owner
93310 of property described in clause (A) or (B) and the owner of
94311 any property located outside the economic enhancement
95312 district may voluntarily opt-in to include their property in the
96313 economic enhancement district assessment of benefits by
97314 notifying the county auditor in writing. If a property that is
98315 opted into the economic enhancement district assessment of
99316 benefits is subsequently sold, the new owner of the property
100317 shall have the opportunity to determine whether or not they
101318 will opt-in to include the property in the economic
102319 enhancement district assessment of benefits. A determination
103320 to opt-in to the economic enhancement district assessment of
104321 benefits is binding until a property is sold.
322+EH 1199—LS 6293/DI 125 8
105323 (3) (4) The formula to be used for the assessment of benefits, as
106324 provided in section 6 of this chapter; and which shall be as
107325 follows:
108326 (A) The annual special benefits assessment shall be
109327 calculated in a manner that will generate an amount not to
110328 exceed five million five hundred thousand dollars
111329 ($5,500,000).
112330 (B) For each taxable property in the district, the special
113331 benefits assessment shall be calculated as follows:
114332 (i) Residential properties shall be assessed a flat fee of
115333 two hundred fifty dollars ($250) each.
116334 (ii) All other nonresidential taxable property shall be
117335 assessed at a rate equal to the total budget amount minus
118336 the total amount raised from residential properties
119337 divided by the total assessed value of all the
120338 nonresidential taxable property in the district. This
121339 fraction shall be considered the economic enhancement
122340 district assessment rate. The economic enhancement
123-HEA 1199 — Concur 4
124341 district assessment rate shall be multiplied by the
125342 assessed value of any nonresidential taxable property to
126343 determine that property's assessment.
127344 (4) (5) An expiration date of the economic enhancement district,
128345 which subject to subsection (b), may not be later than ten (10)
129346 years from the date of the adoption of the ordinance and may not
130347 be renewed. The adopting ordinance must establish an economic
131348 enhancement district board.
132349 (b) Notwithstanding subsection (a), the termination of the downtown
133350 recovery district may be extended for a period of ten (10) additional
134351 years if the legislative body adopts an ordinance and the general
135352 assembly enacts legislation to extend the life of the economic
136353 enhancement district.
137-SECTION 4. IC 36-7-40-5, AS ADDED BY P.L.201-2023,
354+SECTION 3. IC 36-7-40-5, AS ADDED BY P.L.201-2023,
138355 SECTION 279, IS AMENDED TO READ AS FOLLOWS
139356 [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) An ordinance adopted
140357 under section 4 of this chapter must establish an economic
141358 enhancement board consisting of eight (8) nine (9) members to be
142359 appointed as follows:
143360 (1) Two (2) members appointed by the legislative body of the city.
144-(2) Two (2) members One (1) member appointed by the mayor
145-of the city.
146-(3) Two (2) Four (4) members appointed by the governor. One
361+(2) Two (2) members appointed by the mayor of the city.
362+(3) Two (2) Three (3) members appointed by the governor. One
147363 (1) of the members appointed under this subdivision must
148364 represent the business community and own real property located
365+EH 1199—LS 6293/DI 125 9
149366 within the economic enhancement district.
150367 (4) One (1) member of the state senate appointed by the president
151368 pro tempore.
152369 (5) One (1) member of the house of representatives appointed by
153370 the speaker.
154371 A majority of the board members must own real property within the
155372 economic enhancement district. Each board member shall serve a term
156373 of one (1) year from the first day of January after the board member's
157374 appointment and until the board member's successor is appointed and
158375 qualified.
159376 (b) A proposal before the board must receive at least five (5) six (6)
160377 votes to authorize action by the board.
161378 (c) Downtown Indy, Inc., or its successor organization, shall provide
162379 staff support to the economic enhancement board.
163380 (d) The members appointed under subsection (a)(4) and (a)(5) may
164381 not receive compensation for service on the board.
165-SECTION 5. IC 36-7-40-9, AS AMENDED BY THE TECHNICAL
166-HEA 1199 — Concur 5
382+SECTION 4. IC 36-7-40-9, AS AMENDED BY THE TECHNICAL
167383 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
168384 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
169385 PASSAGE]: Sec. 9. The board may enter into lease or contractual
170386 agreements, or both, with governmental, not-for-profit, or other private
171387 entities for the purpose of carrying out recovery economic
172388 enhancement projects. The term of any lease or contractual
173389 agreement may not exceed the expiration date of the economic
174390 enhancement district ordinance under section 4 of this chapter.
175-SECTION 6. IC 36-7-40-12, AS ADDED BY P.L.201-2023,
391+SECTION 5. IC 36-7-40-12, AS ADDED BY P.L.201-2023,
176392 SECTION 279, IS AMENDED TO READ AS FOLLOWS
177393 [EFFECTIVE UPON PASSAGE]: Sec. 12. Subject to section 13 of this
178394 chapter, after approval of the city fiscal body, the board may issue
179395 revenue bonds, whose term may not exceed the expiration date of
180396 the economic enhancement district ordinance under section 4 of
181397 this chapter, payable from special benefits assessment revenues or
182398 other revenues of the economic enhancement district to finance an
183399 economic enhancement project.
184-SECTION 7. IC 36-7-40-14 IS ADDED TO THE INDIANA CODE
400+SECTION 6. IC 36-7-40-14 IS ADDED TO THE INDIANA CODE
185401 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
186402 UPON PASSAGE]: Sec. 14. If the legislative body of a city has
187403 adopted an ordinance to establish an economic enhancement
188404 district under this chapter before the effective date of HEA
189405 1199-2024, that ordinance shall be void, but may be revised and
190406 reenacted by the legislative body of the city by the adoption of a
191407 new ordinance under section 4 of this chapter, which must comply
192-with the provisions of this chapter as amended by HEA 1199-2024.
193-SECTION 8. An emergency is declared for this act.
194-HEA 1199 — Concur Speaker of the House of Representatives
195-President of the Senate
196-President Pro Tempore
197-Governor of the State of Indiana
198-Date: Time:
199-HEA 1199 — Concur
408+EH 1199—LS 6293/DI 125 10
409+with the provisions of this chapter as amended by HEA
410+1199-2024.".
411+Page 1, delete lines 2 through 7.
412+Renumber all SECTIONS consecutively.
413+and when so amended that said bill do pass.
414+(Reference is to HB 1199 as printed January 25, 2024.)
415+HOLDMAN, Chairperson
416+Committee Vote: Yeas 14, Nays 0.
417+_____
418+REPORT OF THE PRESIDENT
419+PRO TEMPORE
420+Madam President: Pursuant to Senate Rule 68(b), I hereby report
421+that, subsequent to the adoption of the Committee Report on February
422+22, 2024, House Bill 1199 was reassigned to the Committee on Rules
423+and Legislative Procedure.
424+BRAY
425+_____
426+COMMITTEE REPORT
427+Madam President: The Senate Committee on Rules and Legislative
428+Procedure, to which was referred Senate House Bill 1199 pursuant to
429+Senate Rule 66(b), has had the same under consideration and begs
430+leave to report back to the Senate that Senate House Bill 1199 is
431+approved as amended by the Committee on Tax and Fiscal Policy.
432+BRAY, Chair
433+EH 1199—LS 6293/DI 125 11
434+SENATE MOTION
435+Madam President: I move that Engrossed House Bill 1199 be
436+amended to read as follows:
437+Page 2, between lines 11 and 12, begin a new paragraph and insert:
438+"SECTION 2. IC 36-7-40-3.5 IS ADDED TO THE INDIANA
439+CODE AS A NEW SECTION TO READ AS FOLLOWS
440+[EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) Before an economic
441+enhancement district may be established under this chapter, the
442+clerk of the city-county council shall, in the manner provided by
443+IC 5-3-1, publish notice of a hearing on the proposed economic
444+enhancement district. The clerk of the city-county council shall
445+mail a copy of the notice to each owner of real property within the
446+proposed economic enhancement district. The notice must include
447+the boundaries of the proposed district, a description of the
448+proposed economic enhancement projects, the proposed formula
449+for determining the percentage of the total benefit to be received
450+by each parcel of real property, and the hearing date. The date of
451+the hearing may not be more than sixty (60) days after the date on
452+which the notice is mailed.
453+(b) At the public hearing under subsection (a), the legislative
454+body shall hear all owners of real property in the proposed district
455+(who appear and request to be heard) upon the questions of:
456+(1) the sufficiency of the notice;
457+(2) whether the proposed economic enhancement projects are
458+of public utility and benefit;
459+(3) whether the formula to be used for the assessment of
460+special benefits is appropriate; and
461+(4) whether the district contains all, or more or less than all,
462+of the property specially benefitted by the proposed economic
463+enhancement projects.".
464+Page 2, line 15, delete "The" and insert "After conducting a
465+hearing under section 3.5 of this chapter, the".
466+ Page 2, line 23, delete "city." and insert "city, but may not exceed
467+a two (2) mile square.".
468+Page 3, line 42, strike "Two (2) members" and insert "One (1)
469+member".
470+Page 4, line 1, delete "Three (3)" and insert "Four (4)".
471+Renumber all SECTIONS consecutively.
472+(Reference is to EHB 1199 as printed February 23, 2024.)
473+BALDWIN
474+EH 1199—LS 6293/DI 125