Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 37
AN ACT to amend the Indiana Code concerning taxation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 6-9-2-3, AS AMENDED BY P.L.193-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) For purposes of this section, the size of
a political subdivision is based on the population determined in the last
federal decennial census.
(b) A convention and visitor bureau having nineteen (19) members
is created to promote the development and growth of the convention,
tourism, and visitor industry in the county.
(c) The executives (as defined by IC 36-1-2-5) of the five (5) largest
cities and the seven (7) largest towns in the county shall each appoint
one (1) member to the bureau. The legislative body (as defined in
IC 36-1-2-9) of the two (2) largest municipalities in the county shall
each appoint one (1) member to the bureau.
(d) The county council shall appoint two (2) members to the bureau.
One (1) of the appointees must be a resident of the fifth largest city in
the county, and one (1) of the appointees must be a resident of the
eighth largest town in the county. The appointees may not be of the
same political party.
(e) The county commissioners shall appoint two (2) members to the
bureau. One (1) of the appointees must be a resident of the sixth largest
town in the county. One (1) of the appointees must be a resident of the
seventh largest town in the county. The appointees may not be of the
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same political party.
(f) The lieutenant governor shall appoint one (1) member to the
bureau.
(g) No appointee under this section may hold an elected or
appointed political office while serving on the bureau.
(h) In making appointments under this section, the appointing
authority shall give sole consideration to individuals who are
knowledgeable about or employed as executives or managers in at least
one (1) of the following businesses in the county:
(1) Hotel.
(2) Motel.
(3) Restaurant.
(4) Travel.
(5) Transportation.
(6) Convention.
(7) Trade show.
(8) A riverboat licensed under IC 4-33.
(9) Banking.
(10) Real estate.
(11) Construction.
However, an individual employed by a riverboat may not be appointed
under this section unless the individual holds a Level 1 occupational
license issued under IC 4-33-8. This subsection does not apply to board
members appointed before July 1, 2007, who are eligible for
reappointment after June 30, 2007.
(i) All terms of office of bureau members begin on July 1. Members
of the bureau serve terms of three (3) years. A member whose term
expires may be reappointed to serve another term. If a vacancy occurs,
the appointing authority shall appoint a qualified person to serve for the
remainder of the term. If an appointment is not made before July 16 or
a vacancy is not filled within thirty (30) days, the member appointed by
the lieutenant governor under subsection (f) shall appoint a qualified
person.
(j) A member of the bureau may be removed for cause:
(1) by the member's appointing authority; or
(2) by vote of the bureau's board if it is determined that a member
does not meet the qualifications under subsection (h).
If a member is removed under this subsection, the appointing authority
may, not more than thirty (30) days after the member is removed,
appoint a replacement member to fill the remainder of the removed
member's term.
(k) Members of the bureau may not receive a salary. However,
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bureau members are entitled to reimbursement for necessary expenses
incurred in the performance of their respective duties.
(l) Each bureau member, before entering the member's duties, shall
take an oath of office in the usual form, to be endorsed upon the
member's certificate of appointment and promptly filed with the clerk
of the circuit court of the county.
(m) The bureau shall meet after July 1 each year for the purpose of
organization. The bureau shall elect a chairman from its members. The
bureau shall also elect from its members a vice chairman, a secretary,
and a treasurer. The members serving in those offices shall perform the
duties pertaining to the offices. The first officers chosen shall serve
until their successors are elected and qualified. A majority of the
bureau constitutes a quorum, and the concurrence of a majority of those
present is necessary to authorize any action.
(n) If the county and one (1) or more adjoining counties desire to
establish a joint bureau, the counties shall enter into an agreement
under IC 36-1-7.
(o) Notwithstanding any other law, any bureau member appointed
as of January 1, 2007, is eligible for reappointment.
SECTION 2. IC 6-9-2-4, AS AMENDED BY P.L.190-2014,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The bureau may:
(1) accept and use gifts, grants, and contributions from any public
or private source, under terms and conditions that the bureau
considers necessary and desirable;
(2) sue and be sued;
(3) enter into contracts and agreements;
(4) make rules necessary for the conduct of its business and the
accomplishment of its purposes;
(5) receive and approve, alter, or reject requests and proposals for
funding by corporations qualified under subdivision (6);
(6) after its approval of a proposal, transfer money from any fund
established by the bureau, the promotion fund, or the alternate
revenue fund to any Indiana nonprofit corporation to promote and
encourage conventions, trade shows, visitors, or special events in
the county;
(7) require financial or other reports from any corporation that
receives funds under this chapter;
(8) enter into leases under IC 36-1-10 for the construction,
acquisition, and equipping of a visitor center; and
(9) exercise the power of eminent domain to acquire property to
promote and encourage conventions, trade shows, special events,
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recreation, and visitors within the county.
(b) All expenses of the bureau shall be paid from funds established
by the bureau. Before December 20 of each year, the bureau shall
prepare a budget for expenditures during the following year, taking into
consideration the recommendations made by a corporation qualified
under subsection (a)(6) and submit the budget to the county council
for its review and approval. An expenditure may not be made
under this chapter unless it is in accordance with an appropriation
made by the county council in the manner provided by law. A
budget prepared by the bureau and approved by the county council
under this section must be:
(1) submitted to the department of local government finance;
(2) published on the department's interactive and searchable
Internet web site website containing local government
information (the Indiana gateway for governmental units); and
(3) placed on file with the county auditor.
(c) All money in the bureau's funds shall be deposited, held,
secured, invested, and paid in accordance with statutes relating to the
handling of public funds. The handling and expenditure of money in
the bureau's funds are subject to audit and supervision by the state
board of accounts.
SECTION 3. IC 6-9-2-4.3, AS AMENDED BY P.L.204-2016,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.3. (a) The Lake County convention and
visitor bureau shall establish a convention, tourism, and visitor
promotion alternate revenue fund (referred to in this chapter as the
"alternate revenue fund"). The bureau may deposit in the alternate
revenue fund all money received by the bureau after June 30, 2005, that
is not required to be deposited in the promotion fund under section 2
of this chapter or a fund established by the bureau, including
appropriations, gifts, grants, membership dues, and contributions from
any public or private source.
(b) The bureau may without appropriation by the county council,
expend money from the alternate revenue fund to promote and
encourage conventions, trade shows, visitors, special events, sporting
events, and exhibitions in the county. Money may be paid from the
alternate revenue fund by claim in the same manner as municipalities
may pay claims under IC 5-11-10-1.6.
(c) All money in the alternate revenue fund shall be deposited, held,
secured, invested, and paid in accordance with statutes relating to the
handling of public funds. The handling and expenditure of money in
the alternate revenue fund is subject to audit and supervision by the
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state board of accounts.
(d) Money derived from the taxes imposed under IC 4-33-13 may
not be transferred to the alternate revenue fund.
SECTION 4. IC 36-7.5-7-8, AS ADDED BY P.L.195-2023,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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, December 1, 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;
(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
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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, June 1, 2025, 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.
SECTION 5. An emergency is declared for this act.
SEA 37 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 37 — Concur