| Old | New | Differences | |
|---|---|---|---|
| 1 | + | *ES0037.1* | |
| 2 | + | February 22, 2024 | |
| 3 | + | ENGROSSED | |
| 4 | + | SENATE BILL No. 37 | |
| 5 | + | _____ | |
| 6 | + | DIGEST OF SB 37 (Updated February 21, 2024 7:38 pm - DI 134) | |
| 7 | + | Citations Affected: IC 6-9; IC 36-7.5. | |
| 8 | + | Synopsis: Oversight of convention and visitor bureau. Provides that, | |
| 9 | + | in making appointments to the convention and visitor bureau, the | |
| 10 | + | appointing authority shall give sole consideration to individuals who | |
| 11 | + | are employed as executives or managers in certain businesses (instead | |
| 12 | + | of either knowledgeable about or employed as executives or managers). | |
| 13 | + | Provides that Before December 20 of each year, the convention and | |
| 14 | + | visitor bureau ("bureau") shall prepare a budget for expenditures during | |
| 15 | + | the following year, taking into consideration the recommendations | |
| 16 | + | made by a qualified corporation and submit the budget to the county | |
| 17 | + | (Continued next page) | |
| 18 | + | Effective: Upon passage. | |
| 19 | + | Niemeyer, Dernulc, | |
| 20 | + | Randolph Lonnie M, Pol Jr. | |
| 21 | + | (HOUSE SPONSORS — SLAGER, OLTHOFF) | |
| 22 | + | January 8, 2024, read first time and referred to Committee on Local Government. | |
| 23 | + | January 16, 2024, reported favorably — Do Pass. | |
| 24 | + | January 23, 2024, read second time, amended, ordered engrossed. | |
| 25 | + | January 24, 2024, engrossed. | |
| 26 | + | January 25, 2024, read third time, passed. Yeas 46, nays 0. | |
| 27 | + | HOUSE ACTION | |
| 28 | + | February 6, 2024, read first time and referred to Committee on Ways and Means. | |
| 29 | + | February 22, 2024, amended, reported — Do Pass. | |
| 30 | + | ES 37—LS 6009/DI 120 Digest Continued | |
| 31 | + | council for its review and approval. Provides that an expenditure may | |
| 32 | + | not be made unless it is in accordance with an appropriation made by | |
| 33 | + | the county council in the manner provided by law. Provides that a | |
| 34 | + | budget prepared by the bureau and approved by the county council | |
| 35 | + | must be published on the department of state revenue's interactive and | |
| 36 | + | searchable website. Provides that the bureau may expend money from | |
| 37 | + | the alternate revenue fund to promote and encourage conventions, trade | |
| 38 | + | shows, visitors, special events, sporting events, and exhibitions in the | |
| 39 | + | county. Delays the date by which a proposal for the development, | |
| 40 | + | operation, and an ownership share in a Lake County convention and | |
| 41 | + | event center is considered timely. | |
| 42 | + | ES 37—LS 6009/DI 120ES 37—LS 6009/DI 120 February 22, 2024 | |
| 1 | 43 | Second Regular Session of the 123rd General Assembly (2024) | |
| 2 | 44 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
| 3 | 45 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
| 4 | 46 | additions will appear in this style type, and deletions will appear in this style type. | |
| 5 | 47 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
| 6 | 48 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
| 7 | 49 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
| 8 | 50 | a new provision to the Indiana Code or the Indiana Constitution. | |
| 9 | 51 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
| 10 | 52 | between statutes enacted by the 2023 Regular Session of the General Assembly. | |
| 11 | - | SENATE ENROLLED ACT No. 37 | |
| 12 | - | AN ACT to amend the Indiana Code concerning taxation. | |
| 53 | + | ENGROSSED | |
| 54 | + | SENATE BILL No. 37 | |
| 55 | + | A BILL FOR AN ACT to amend the Indiana Code concerning | |
| 56 | + | taxation. | |
| 13 | 57 | Be it enacted by the General Assembly of the State of Indiana: | |
| 14 | - | SECTION 1. IC 6-9-2-3, AS AMENDED BY P.L.193-2017, | |
| 58 | + | 1 SECTION 1. IC 6-9-2-3, AS AMENDED BY P.L.193-2017, | |
| 59 | + | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 60 | + | 3 UPON PASSAGE]: Sec. 3. (a) For purposes of this section, the size of | |
| 61 | + | 4 a political subdivision is based on the population determined in the last | |
| 62 | + | 5 federal decennial census. | |
| 63 | + | 6 (b) A convention and visitor bureau having nineteen (19) members | |
| 64 | + | 7 is created to promote the development and growth of the convention, | |
| 65 | + | 8 tourism, and visitor industry in the county. | |
| 66 | + | 9 (c) The executives (as defined by IC 36-1-2-5) of the five (5) largest | |
| 67 | + | 10 cities and the seven (7) largest towns in the county shall each appoint | |
| 68 | + | 11 one (1) member to the bureau. The legislative body (as defined in | |
| 69 | + | 12 IC 36-1-2-9) of the two (2) largest municipalities in the county shall | |
| 70 | + | 13 each appoint one (1) member to the bureau. | |
| 71 | + | 14 (d) The county council shall appoint two (2) members to the bureau. | |
| 72 | + | 15 One (1) of the appointees must be a resident of the fifth largest city in | |
| 73 | + | 16 the county, and one (1) of the appointees must be a resident of the | |
| 74 | + | 17 eighth largest town in the county. The appointees may not be of the | |
| 75 | + | ES 37—LS 6009/DI 120 2 | |
| 76 | + | 1 same political party. | |
| 77 | + | 2 (e) The county commissioners shall appoint two (2) members to the | |
| 78 | + | 3 bureau. One (1) of the appointees must be a resident of the sixth largest | |
| 79 | + | 4 town in the county. One (1) of the appointees must be a resident of the | |
| 80 | + | 5 seventh largest town in the county. The appointees may not be of the | |
| 81 | + | 6 same political party. | |
| 82 | + | 7 (f) The lieutenant governor shall appoint one (1) member to the | |
| 83 | + | 8 bureau. | |
| 84 | + | 9 (g) No appointee under this section may hold an elected or | |
| 85 | + | 10 appointed political office while serving on the bureau. | |
| 86 | + | 11 (h) In making appointments under this section, the appointing | |
| 87 | + | 12 authority shall give sole consideration to individuals who are | |
| 88 | + | 13 knowledgeable about or employed as executives or managers in at least | |
| 89 | + | 14 one (1) of the following businesses in the county: | |
| 90 | + | 15 (1) Hotel. | |
| 91 | + | 16 (2) Motel. | |
| 92 | + | 17 (3) Restaurant. | |
| 93 | + | 18 (4) Travel. | |
| 94 | + | 19 (5) Transportation. | |
| 95 | + | 20 (6) Convention. | |
| 96 | + | 21 (7) Trade show. | |
| 97 | + | 22 (8) A riverboat licensed under IC 4-33. | |
| 98 | + | 23 (9) Banking. | |
| 99 | + | 24 (10) Real estate. | |
| 100 | + | 25 (11) Construction. | |
| 101 | + | 26 However, an individual employed by a riverboat may not be appointed | |
| 102 | + | 27 under this section unless the individual holds a Level 1 occupational | |
| 103 | + | 28 license issued under IC 4-33-8. This subsection does not apply to board | |
| 104 | + | 29 members appointed before July 1, 2007, who are eligible for | |
| 105 | + | 30 reappointment after June 30, 2007. | |
| 106 | + | 31 (i) All terms of office of bureau members begin on July 1. Members | |
| 107 | + | 32 of the bureau serve terms of three (3) years. A member whose term | |
| 108 | + | 33 expires may be reappointed to serve another term. If a vacancy occurs, | |
| 109 | + | 34 the appointing authority shall appoint a qualified person to serve for the | |
| 110 | + | 35 remainder of the term. If an appointment is not made before July 16 or | |
| 111 | + | 36 a vacancy is not filled within thirty (30) days, the member appointed by | |
| 112 | + | 37 the lieutenant governor under subsection (f) shall appoint a qualified | |
| 113 | + | 38 person. | |
| 114 | + | 39 (j) A member of the bureau may be removed for cause: | |
| 115 | + | 40 (1) by the member's appointing authority; or | |
| 116 | + | 41 (2) by vote of the bureau's board if it is determined that a member | |
| 117 | + | 42 does not meet the qualifications under subsection (h). | |
| 118 | + | ES 37—LS 6009/DI 120 3 | |
| 119 | + | 1 If a member is removed under this subsection, the appointing authority | |
| 120 | + | 2 may, not more than thirty (30) days after the member is removed, | |
| 121 | + | 3 appoint a replacement member to fill the remainder of the removed | |
| 122 | + | 4 member's term. | |
| 123 | + | 5 (k) Members of the bureau may not receive a salary. However, | |
| 124 | + | 6 bureau members are entitled to reimbursement for necessary expenses | |
| 125 | + | 7 incurred in the performance of their respective duties. | |
| 126 | + | 8 (l) Each bureau member, before entering the member's duties, shall | |
| 127 | + | 9 take an oath of office in the usual form, to be endorsed upon the | |
| 128 | + | 10 member's certificate of appointment and promptly filed with the clerk | |
| 129 | + | 11 of the circuit court of the county. | |
| 130 | + | 12 (m) The bureau shall meet after July 1 each year for the purpose of | |
| 131 | + | 13 organization. The bureau shall elect a chairman from its members. The | |
| 132 | + | 14 bureau shall also elect from its members a vice chairman, a secretary, | |
| 133 | + | 15 and a treasurer. The members serving in those offices shall perform the | |
| 134 | + | 16 duties pertaining to the offices. The first officers chosen shall serve | |
| 135 | + | 17 until their successors are elected and qualified. A majority of the | |
| 136 | + | 18 bureau constitutes a quorum, and the concurrence of a majority of those | |
| 137 | + | 19 present is necessary to authorize any action. | |
| 138 | + | 20 (n) If the county and one (1) or more adjoining counties desire to | |
| 139 | + | 21 establish a joint bureau, the counties shall enter into an agreement | |
| 140 | + | 22 under IC 36-1-7. | |
| 141 | + | 23 (o) Notwithstanding any other law, any bureau member appointed | |
| 142 | + | 24 as of January 1, 2007, is eligible for reappointment. | |
| 143 | + | 25 SECTION 2. IC 6-9-2-4, AS AMENDED BY P.L.190-2014, | |
| 144 | + | 26 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 145 | + | 27 UPON PASSAGE]: Sec. 4. (a) The bureau may: | |
| 146 | + | 28 (1) accept and use gifts, grants, and contributions from any public | |
| 147 | + | 29 or private source, under terms and conditions that the bureau | |
| 148 | + | 30 considers necessary and desirable; | |
| 149 | + | 31 (2) sue and be sued; | |
| 150 | + | 32 (3) enter into contracts and agreements; | |
| 151 | + | 33 (4) make rules necessary for the conduct of its business and the | |
| 152 | + | 34 accomplishment of its purposes; | |
| 153 | + | 35 (5) receive and approve, alter, or reject requests and proposals for | |
| 154 | + | 36 funding by corporations qualified under subdivision (6); | |
| 155 | + | 37 (6) after its approval of a proposal, transfer money from any fund | |
| 156 | + | 38 established by the bureau, the promotion fund, or the alternate | |
| 157 | + | 39 revenue fund to any Indiana nonprofit corporation to promote and | |
| 158 | + | 40 encourage conventions, trade shows, visitors, or special events in | |
| 159 | + | 41 the county; | |
| 160 | + | 42 (7) require financial or other reports from any corporation that | |
| 161 | + | ES 37—LS 6009/DI 120 4 | |
| 162 | + | 1 receives funds under this chapter; | |
| 163 | + | 2 (8) enter into leases under IC 36-1-10 for the construction, | |
| 164 | + | 3 acquisition, and equipping of a visitor center; and | |
| 165 | + | 4 (9) exercise the power of eminent domain to acquire property to | |
| 166 | + | 5 promote and encourage conventions, trade shows, special events, | |
| 167 | + | 6 recreation, and visitors within the county. | |
| 168 | + | 7 (b) All expenses of the bureau shall be paid from funds established | |
| 169 | + | 8 by the bureau. Before December 20 of each year, the bureau shall | |
| 170 | + | 9 prepare a budget for expenditures during the following year, taking into | |
| 171 | + | 10 consideration the recommendations made by a corporation qualified | |
| 172 | + | 11 under subsection (a)(6) and submit the budget to the county council | |
| 173 | + | 12 for its review and approval. An expenditure may not be made | |
| 174 | + | 13 under this chapter unless it is in accordance with an appropriation | |
| 175 | + | 14 made by the county council in the manner provided by law. A | |
| 176 | + | 15 budget prepared by the bureau and approved by the county council | |
| 177 | + | 16 under this section must be: | |
| 178 | + | 17 (1) submitted to the department of local government finance; | |
| 179 | + | 18 (2) published on the department's interactive and searchable | |
| 180 | + | 19 Internet web site website containing local government | |
| 181 | + | 20 information (the Indiana gateway for governmental units); and | |
| 182 | + | 21 (3) placed on file with the county auditor. | |
| 183 | + | 22 (c) All money in the bureau's funds shall be deposited, held, | |
| 184 | + | 23 secured, invested, and paid in accordance with statutes relating to the | |
| 185 | + | 24 handling of public funds. The handling and expenditure of money in | |
| 186 | + | 25 the bureau's funds are subject to audit and supervision by the state | |
| 187 | + | 26 board of accounts. | |
| 188 | + | 27 SECTION 3. IC 6-9-2-4.3, AS AMENDED BY P.L.204-2016, | |
| 189 | + | 28 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 190 | + | 29 UPON PASSAGE]: Sec. 4.3. (a) The Lake County convention and | |
| 191 | + | 30 visitor bureau shall establish a convention, tourism, and visitor | |
| 192 | + | 31 promotion alternate revenue fund (referred to in this chapter as the | |
| 193 | + | 32 "alternate revenue fund"). The bureau may deposit in the alternate | |
| 194 | + | 33 revenue fund all money received by the bureau after June 30, 2005, that | |
| 195 | + | 34 is not required to be deposited in the promotion fund under section 2 | |
| 196 | + | 35 of this chapter or a fund established by the bureau, including | |
| 197 | + | 36 appropriations, gifts, grants, membership dues, and contributions from | |
| 198 | + | 37 any public or private source. | |
| 199 | + | 38 (b) The bureau may without appropriation by the county council, | |
| 200 | + | 39 expend money from the alternate revenue fund to promote and | |
| 201 | + | 40 encourage conventions, trade shows, visitors, special events, sporting | |
| 202 | + | 41 events, and exhibitions in the county. Money may be paid from the | |
| 203 | + | 42 alternate revenue fund by claim in the same manner as municipalities | |
| 204 | + | ES 37—LS 6009/DI 120 5 | |
| 205 | + | 1 may pay claims under IC 5-11-10-1.6. | |
| 206 | + | 2 (c) All money in the alternate revenue fund shall be deposited, held, | |
| 207 | + | 3 secured, invested, and paid in accordance with statutes relating to the | |
| 208 | + | 4 handling of public funds. The handling and expenditure of money in | |
| 209 | + | 5 the alternate revenue fund is subject to audit and supervision by the | |
| 210 | + | 6 state board of accounts. | |
| 211 | + | 7 (d) Money derived from the taxes imposed under IC 4-33-13 may | |
| 212 | + | 8 not be transferred to the alternate revenue fund. | |
| 213 | + | 9 SECTION 4. IC 36-7.5-7-8, AS ADDED BY P.L.195-2023, | |
| 214 | + | 10 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 215 | + | 11 UPON PASSAGE]: Sec. 8. (a) Beginning July 1, 2023, the Lake | |
| 216 | + | 12 County board of commissioners shall begin accepting proposals for the | |
| 217 | + | 13 development, operation, and an ownership share in a Lake County | |
| 218 | + | 14 convention and event center from any entity qualified to fund and | |
| 219 | + | 15 operate a convention and event center, including local political | |
| 220 | + | 16 subdivisions. Subject to subsection (d), timely proposals shall be | |
| 221 | + | 17 submitted not later than May 31, December 1, 2024. A proposal must | |
| 222 | + | 18 include at least the following: | |
| 223 | + | 19 (1) Any variance in the entity's proposal from what is described | |
| 224 | + | 20 in the updated feasibility study prepared under section 5(i) of this | |
| 225 | + | 21 chapter as the variance is related to a return on investment | |
| 226 | + | 22 analysis, including anticipated income generated countywide, | |
| 227 | + | 23 peripheral investment anticipated to result from the project, or | |
| 228 | + | 24 anticipated gross retail tax revenue to be generated from the | |
| 229 | + | 25 project. | |
| 230 | + | 26 (2) The uses that the convention and event center will | |
| 231 | + | 27 accommodate. | |
| 232 | + | 28 (3) Acknowledgment that in order to secure money from the | |
| 233 | + | 29 convention fund and reserve fund, the Lake County convention | |
| 234 | + | 30 center authority, as described in section 9 of this chapter, will | |
| 235 | + | 31 share in ownership of the convention and event center. | |
| 236 | + | 32 (4) An operating plan, including information concerning: | |
| 237 | + | 33 (A) any third party entity expected to manage and operate the | |
| 238 | + | 34 facility; | |
| 239 | + | 35 (B) any professional experience with convention center | |
| 240 | + | 36 operations; | |
| 241 | + | 37 (C) any professional experience with facility management; and | |
| 242 | + | 38 (D) any experience with efficiency programs used for | |
| 243 | + | 39 managing operating costs and capital expenditures. | |
| 244 | + | 40 (5) An anticipated operating budget for the facility, including the | |
| 245 | + | 41 financing of any operational shortfall and pro forma operating | |
| 246 | + | 42 statements for the first five (5) years of operations. | |
| 247 | + | ES 37—LS 6009/DI 120 6 | |
| 248 | + | 1 (6) Any documents related to vendor agreements, leases, | |
| 249 | + | 2 partnerships, and financing plans and commitments. | |
| 250 | + | 3 (7) Any proposed or available hotel accommodations that may be | |
| 251 | + | 4 dedicated for the promotion and sales of the convention and event | |
| 252 | + | 5 center, and not for promotional uses for any other associated | |
| 253 | + | 6 facility. | |
| 254 | + | 7 (8) Any other information considered necessary by the Lake | |
| 255 | + | 8 County board of commissioners. | |
| 256 | + | 9 (b) Proposals shall be submitted to the Lake County board of | |
| 257 | + | 10 commissioners and reviewed for completeness, adherence to the | |
| 258 | + | 11 requirements under this section, and evaluation of the materials | |
| 259 | + | 12 submitted. | |
| 260 | + | 13 (c) The Lake County board of commissioners shall hold public | |
| 261 | + | 14 hearings concerning proposals submitted and for the selection of any | |
| 262 | + | 15 professional advisers to be used in approval of a proposal. | |
| 263 | + | 16 (d) If a proposal is approved, the Lake County board of | |
| 264 | + | 17 commissioners shall adopt a resolution to that effect. not later than | |
| 265 | + | 18 December 1, 2024. If no proposal is approved before December 1, | |
| 266 | + | 19 2024, June 1, 2025, proposals may continue to be submitted to the | |
| 267 | + | 20 Lake County board of commissioners for review. However, if no | |
| 268 | + | 21 proposal is approved before January 1, 2028, no additional proposals | |
| 269 | + | 22 may be accepted, and any money in the fund reverts to the state general | |
| 270 | + | 23 fund. | |
| 271 | + | 24 SECTION 5. An emergency is declared for this act. | |
| 272 | + | ES 37—LS 6009/DI 120 7 | |
| 273 | + | COMMITTEE REPORT | |
| 274 | + | Madam President: The Senate Committee on Local Government, to | |
| 275 | + | which was referred Senate Bill No. 37, has had the same under | |
| 276 | + | consideration and begs leave to report the same back to the Senate with | |
| 277 | + | the recommendation that said bill DO PASS. | |
| 278 | + | (Reference is to SB 37 as introduced.) | |
| 279 | + | ||
| 280 | + | BUCK, Chairperson | |
| 281 | + | Committee Vote: Yeas 10, Nays 0 | |
| 282 | + | _____ | |
| 283 | + | SENATE MOTION | |
| 284 | + | Madam President: I move that Senate Bill 37 be amended to read as | |
| 285 | + | follows: | |
| 286 | + | Replace the effective date in SECTION 2 with "[EFFECTIVE | |
| 287 | + | UPON PASSAGE]". | |
| 288 | + | Page 1, delete lines 1 through 17, begin a new paragraph and insert | |
| 289 | + | "SECTION 1. IC 6-9-2-4, AS AMENDED BY P.L.190-2014, | |
| 290 | + | SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 291 | + | UPON PASSAGE]: Sec. 4. (a) The bureau may: | |
| 292 | + | (1) accept and use gifts, grants, and contributions from any public | |
| 293 | + | or private source, under terms and conditions that the bureau | |
| 294 | + | considers necessary and desirable; | |
| 295 | + | (2) sue and be sued; | |
| 296 | + | (3) enter into contracts and agreements; | |
| 297 | + | (4) make rules necessary for the conduct of its business and the | |
| 298 | + | accomplishment of its purposes; | |
| 299 | + | (5) receive and approve, alter, or reject requests and proposals for | |
| 300 | + | funding by corporations qualified under subdivision (6); | |
| 301 | + | (6) after its approval of a proposal, transfer money from any fund | |
| 302 | + | established by the bureau, the promotion fund, or the alternate | |
| 303 | + | revenue fund to any Indiana nonprofit corporation to promote and | |
| 304 | + | encourage conventions, trade shows, visitors, or special events in | |
| 305 | + | the county; | |
| 306 | + | (7) require financial or other reports from any corporation that | |
| 307 | + | receives funds under this chapter; | |
| 308 | + | (8) enter into leases under IC 36-1-10 for the construction, | |
| 309 | + | acquisition, and equipping of a visitor center; and | |
| 310 | + | (9) exercise the power of eminent domain to acquire property to | |
| 311 | + | ES 37—LS 6009/DI 120 8 | |
| 312 | + | promote and encourage conventions, trade shows, special events, | |
| 313 | + | recreation, and visitors within the county. | |
| 314 | + | (b) All expenses of the bureau shall be paid from funds established | |
| 315 | + | by the bureau. Before December 20 of each year, and subject to | |
| 316 | + | subsection (c), the bureau shall prepare a budget for expenditures | |
| 317 | + | during the following year, taking into consideration the | |
| 318 | + | recommendations made by a corporation qualified under subsection | |
| 319 | + | (a)(6). A budget prepared by the bureau under this section, and | |
| 320 | + | approved by the county council if subsection (c) applies, must be: | |
| 321 | + | (1) submitted to the department of local government finance; | |
| 322 | + | (2) published on the department's interactive and searchable | |
| 323 | + | Internet web site website containing local government | |
| 324 | + | information (the Indiana gateway for governmental units); and | |
| 325 | + | (3) placed on file with the county auditor. | |
| 326 | + | (c) The following apply only if the county fiscal body adopts an | |
| 327 | + | ordinance under section 1.5 of this chapter to increase the | |
| 328 | + | innkeeper's tax rate: | |
| 329 | + | (1) The bureau shall submit the budget prepared under | |
| 330 | + | subsection (b) to the county council for its review and | |
| 331 | + | approval. | |
| 332 | + | (2) An expenditure may not be made under this chapter unless | |
| 333 | + | it is in accordance with an appropriation made by the county | |
| 334 | + | council in the manner provided by law. | |
| 335 | + | (c) (d) All money in the bureau's funds shall be deposited, held, | |
| 336 | + | secured, invested, and paid in accordance with statutes relating to the | |
| 337 | + | handling of public funds. The handling and expenditure of money in | |
| 338 | + | the bureau's funds are subject to audit and supervision by the state | |
| 339 | + | board of accounts.". | |
| 340 | + | Page 2, delete lines 1 through 27. | |
| 341 | + | Page 2, delete lines 39 through 42, begin a new paragraph and | |
| 342 | + | insert: | |
| 343 | + | "(b) The bureau may: | |
| 344 | + | (1) without appropriation by the county council; or | |
| 345 | + | (2) subject to the provisions in section 4(c) of this chapter if | |
| 346 | + | applicable; | |
| 347 | + | expend money from the alternate revenue fund to promote and | |
| 348 | + | encourage conventions, trade shows, visitors, special events, sporting | |
| 349 | + | events, and exhibitions in the county. Money may be paid from the | |
| 350 | + | alternate revenue fund by claim in the same manner as municipalities | |
| 351 | + | may pay claims under IC 5-11-10-1.6.". | |
| 352 | + | Page 3, delete lines 1 through 2. | |
| 353 | + | Page 3, after line 9, begin a new paragraph and insert: | |
| 354 | + | ES 37—LS 6009/DI 120 9 | |
| 355 | + | "SECTION 3. An emergency is declared for this act.". | |
| 356 | + | (Reference is to SB 37 as printed January 17, 2024.) | |
| 357 | + | DERNULC | |
| 358 | + | _____ | |
| 359 | + | COMMITTEE REPORT | |
| 360 | + | Mr. Speaker: Your Committee on Ways and Means, to which was | |
| 361 | + | referred Senate Bill 37, has had the same under consideration and begs | |
| 362 | + | leave to report the same back to the House with the recommendation | |
| 363 | + | that said bill be amended as follows: | |
| 364 | + | Page 1, between the enacting clause and line 1, begin a new | |
| 365 | + | paragraph and insert: | |
| 366 | + | "SECTION 1. IC 6-9-2-3, AS AMENDED BY P.L.193-2017, | |
| 15 | 367 | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 16 | 368 | UPON PASSAGE]: Sec. 3. (a) For purposes of this section, the size of | |
| 17 | 369 | a political subdivision is based on the population determined in the last | |
| 18 | 370 | federal decennial census. | |
| 19 | 371 | (b) A convention and visitor bureau having nineteen (19) members | |
| 20 | 372 | is created to promote the development and growth of the convention, | |
| 21 | 373 | tourism, and visitor industry in the county. | |
| 22 | 374 | (c) The executives (as defined by IC 36-1-2-5) of the five (5) largest | |
| 23 | 375 | cities and the seven (7) largest towns in the county shall each appoint | |
| 24 | 376 | one (1) member to the bureau. The legislative body (as defined in | |
| 25 | 377 | IC 36-1-2-9) of the two (2) largest municipalities in the county shall | |
| 26 | 378 | each appoint one (1) member to the bureau. | |
| 27 | 379 | (d) The county council shall appoint two (2) members to the bureau. | |
| 28 | 380 | One (1) of the appointees must be a resident of the fifth largest city in | |
| 29 | 381 | the county, and one (1) of the appointees must be a resident of the | |
| 30 | 382 | eighth largest town in the county. The appointees may not be of the | |
| 31 | 383 | same political party. | |
| 32 | 384 | (e) The county commissioners shall appoint two (2) members to the | |
| 33 | 385 | bureau. One (1) of the appointees must be a resident of the sixth largest | |
| 34 | 386 | town in the county. One (1) of the appointees must be a resident of the | |
| 35 | 387 | seventh largest town in the county. The appointees may not be of the | |
| 36 | - | SEA 37 — Concur 2 | |
| 37 | 388 | same political party. | |
| 38 | 389 | (f) The lieutenant governor shall appoint one (1) member to the | |
| 39 | 390 | bureau. | |
| 40 | 391 | (g) No appointee under this section may hold an elected or | |
| 392 | + | ES 37—LS 6009/DI 120 10 | |
| 41 | 393 | appointed political office while serving on the bureau. | |
| 42 | 394 | (h) In making appointments under this section, the appointing | |
| 43 | 395 | authority shall give sole consideration to individuals who are | |
| 44 | 396 | knowledgeable about or employed as executives or managers in at least | |
| 45 | 397 | one (1) of the following businesses in the county: | |
| 46 | 398 | (1) Hotel. | |
| 47 | 399 | (2) Motel. | |
| 48 | 400 | (3) Restaurant. | |
| 49 | 401 | (4) Travel. | |
| 50 | 402 | (5) Transportation. | |
| 51 | 403 | (6) Convention. | |
| 52 | 404 | (7) Trade show. | |
| 53 | 405 | (8) A riverboat licensed under IC 4-33. | |
| 54 | 406 | (9) Banking. | |
| 55 | 407 | (10) Real estate. | |
| 56 | 408 | (11) Construction. | |
| 57 | 409 | However, an individual employed by a riverboat may not be appointed | |
| 58 | 410 | under this section unless the individual holds a Level 1 occupational | |
| 59 | 411 | license issued under IC 4-33-8. This subsection does not apply to board | |
| 60 | 412 | members appointed before July 1, 2007, who are eligible for | |
| 61 | 413 | reappointment after June 30, 2007. | |
| 62 | 414 | (i) All terms of office of bureau members begin on July 1. Members | |
| 63 | 415 | of the bureau serve terms of three (3) years. A member whose term | |
| 64 | 416 | expires may be reappointed to serve another term. If a vacancy occurs, | |
| 65 | 417 | the appointing authority shall appoint a qualified person to serve for the | |
| 66 | 418 | remainder of the term. If an appointment is not made before July 16 or | |
| 67 | 419 | a vacancy is not filled within thirty (30) days, the member appointed by | |
| 68 | 420 | the lieutenant governor under subsection (f) shall appoint a qualified | |
| 69 | 421 | person. | |
| 70 | 422 | (j) A member of the bureau may be removed for cause: | |
| 71 | 423 | (1) by the member's appointing authority; or | |
| 72 | 424 | (2) by vote of the bureau's board if it is determined that a member | |
| 73 | 425 | does not meet the qualifications under subsection (h). | |
| 74 | 426 | If a member is removed under this subsection, the appointing authority | |
| 75 | 427 | may, not more than thirty (30) days after the member is removed, | |
| 76 | 428 | appoint a replacement member to fill the remainder of the removed | |
| 77 | 429 | member's term. | |
| 78 | 430 | (k) Members of the bureau may not receive a salary. However, | |
| 79 | - | SEA 37 — Concur 3 | |
| 80 | 431 | bureau members are entitled to reimbursement for necessary expenses | |
| 81 | 432 | incurred in the performance of their respective duties. | |
| 82 | 433 | (l) Each bureau member, before entering the member's duties, shall | |
| 83 | 434 | take an oath of office in the usual form, to be endorsed upon the | |
| 435 | + | ES 37—LS 6009/DI 120 11 | |
| 84 | 436 | member's certificate of appointment and promptly filed with the clerk | |
| 85 | 437 | of the circuit court of the county. | |
| 86 | 438 | (m) The bureau shall meet after July 1 each year for the purpose of | |
| 87 | 439 | organization. The bureau shall elect a chairman from its members. The | |
| 88 | 440 | bureau shall also elect from its members a vice chairman, a secretary, | |
| 89 | 441 | and a treasurer. The members serving in those offices shall perform the | |
| 90 | 442 | duties pertaining to the offices. The first officers chosen shall serve | |
| 91 | 443 | until their successors are elected and qualified. A majority of the | |
| 92 | 444 | bureau constitutes a quorum, and the concurrence of a majority of those | |
| 93 | 445 | present is necessary to authorize any action. | |
| 94 | 446 | (n) If the county and one (1) or more adjoining counties desire to | |
| 95 | 447 | establish a joint bureau, the counties shall enter into an agreement | |
| 96 | 448 | under IC 36-1-7. | |
| 97 | 449 | (o) Notwithstanding any other law, any bureau member appointed | |
| 98 | - | as of January 1, 2007, is eligible for reappointment. | |
| 99 | - | SECTION 2. IC 6-9-2-4, AS AMENDED BY P.L.190-2014, | |
| 100 | - | SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 101 | - | UPON PASSAGE]: Sec. 4. (a) The bureau may: | |
| 102 | - | (1) accept and use gifts, grants, and contributions from any public | |
| 103 | - | or private source, under terms and conditions that the bureau | |
| 104 | - | considers necessary and desirable; | |
| 105 | - | (2) sue and be sued; | |
| 106 | - | (3) enter into contracts and agreements; | |
| 107 | - | (4) make rules necessary for the conduct of its business and the | |
| 108 | - | accomplishment of its purposes; | |
| 109 | - | (5) receive and approve, alter, or reject requests and proposals for | |
| 110 | - | funding by corporations qualified under subdivision (6); | |
| 111 | - | (6) after its approval of a proposal, transfer money from any fund | |
| 112 | - | established by the bureau, the promotion fund, or the alternate | |
| 113 | - | revenue fund to any Indiana nonprofit corporation to promote and | |
| 114 | - | encourage conventions, trade shows, visitors, or special events in | |
| 115 | - | the county; | |
| 116 | - | (7) require financial or other reports from any corporation that | |
| 117 | - | receives funds under this chapter; | |
| 118 | - | (8) enter into leases under IC 36-1-10 for the construction, | |
| 119 | - | acquisition, and equipping of a visitor center; and | |
| 120 | - | (9) exercise the power of eminent domain to acquire property to | |
| 121 | - | promote and encourage conventions, trade shows, special events, | |
| 122 | - | SEA 37 — Concur 4 | |
| 123 | - | recreation, and visitors within the county. | |
| 124 | - | (b) All expenses of the bureau shall be paid from funds established | |
| 450 | + | as of January 1, 2007, is eligible for reappointment.". | |
| 451 | + | Page 2, delete lines 8 through 42, begin a new paragraph and insert: | |
| 452 | + | "(b) All expenses of the bureau shall be paid from funds established | |
| 125 | 453 | by the bureau. Before December 20 of each year, the bureau shall | |
| 126 | 454 | prepare a budget for expenditures during the following year, taking into | |
| 127 | 455 | consideration the recommendations made by a corporation qualified | |
| 128 | 456 | under subsection (a)(6) and submit the budget to the county council | |
| 129 | 457 | for its review and approval. An expenditure may not be made | |
| 130 | 458 | under this chapter unless it is in accordance with an appropriation | |
| 131 | 459 | made by the county council in the manner provided by law. A | |
| 132 | 460 | budget prepared by the bureau and approved by the county council | |
| 133 | 461 | under this section must be: | |
| 134 | 462 | (1) submitted to the department of local government finance; | |
| 135 | 463 | (2) published on the department's interactive and searchable | |
| 136 | 464 | Internet web site website containing local government | |
| 137 | 465 | information (the Indiana gateway for governmental units); and | |
| 138 | 466 | (3) placed on file with the county auditor. | |
| 139 | 467 | (c) All money in the bureau's funds shall be deposited, held, | |
| 140 | 468 | secured, invested, and paid in accordance with statutes relating to the | |
| 141 | 469 | handling of public funds. The handling and expenditure of money in | |
| 142 | 470 | the bureau's funds are subject to audit and supervision by the state | |
| 143 | 471 | board of accounts. | |
| 144 | - | SECTION | |
| 472 | + | SECTION 2. IC 6-9-2-4.3, AS AMENDED BY P.L.204-2016, | |
| 145 | 473 | SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 146 | 474 | UPON PASSAGE]: Sec. 4.3. (a) The Lake County convention and | |
| 147 | 475 | visitor bureau shall establish a convention, tourism, and visitor | |
| 148 | 476 | promotion alternate revenue fund (referred to in this chapter as the | |
| 149 | 477 | "alternate revenue fund"). The bureau may deposit in the alternate | |
| 478 | + | ES 37—LS 6009/DI 120 12 | |
| 150 | 479 | revenue fund all money received by the bureau after June 30, 2005, that | |
| 151 | 480 | is not required to be deposited in the promotion fund under section 2 | |
| 152 | 481 | of this chapter or a fund established by the bureau, including | |
| 153 | 482 | appropriations, gifts, grants, membership dues, and contributions from | |
| 154 | 483 | any public or private source. | |
| 155 | 484 | (b) The bureau may without appropriation by the county council, | |
| 156 | 485 | expend money from the alternate revenue fund to promote and | |
| 157 | 486 | encourage conventions, trade shows, visitors, special events, sporting | |
| 158 | 487 | events, and exhibitions in the county. Money may be paid from the | |
| 159 | 488 | alternate revenue fund by claim in the same manner as municipalities | |
| 160 | 489 | may pay claims under IC 5-11-10-1.6. | |
| 161 | 490 | (c) All money in the alternate revenue fund shall be deposited, held, | |
| 162 | 491 | secured, invested, and paid in accordance with statutes relating to the | |
| 163 | 492 | handling of public funds. The handling and expenditure of money in | |
| 164 | 493 | the alternate revenue fund is subject to audit and supervision by the | |
| 165 | - | SEA 37 — Concur 5 | |
| 166 | 494 | state board of accounts. | |
| 167 | 495 | (d) Money derived from the taxes imposed under IC 4-33-13 may | |
| 168 | - | not be transferred to the alternate revenue fund. | |
| 169 | - | SECTION 4. IC 36-7.5-7-8, AS ADDED BY P.L.195-2023, | |
| 496 | + | not be transferred to the alternate revenue fund.". | |
| 497 | + | Page 3, delete lines 1 through 18, begin a new paragraph and insert: | |
| 498 | + | "SECTION 3. IC 36-7.5-7-8, AS ADDED BY P.L.195-2023, | |
| 170 | 499 | SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 171 | 500 | UPON PASSAGE]: Sec. 8. (a) Beginning July 1, 2023, the Lake | |
| 172 | 501 | County board of commissioners shall begin accepting proposals for the | |
| 173 | 502 | development, operation, and an ownership share in a Lake County | |
| 174 | 503 | convention and event center from any entity qualified to fund and | |
| 175 | 504 | operate a convention and event center, including local political | |
| 176 | 505 | subdivisions. Subject to subsection (d), timely proposals shall be | |
| 177 | 506 | submitted not later than May 31, December 1, 2024. A proposal must | |
| 178 | 507 | include at least the following: | |
| 179 | 508 | (1) Any variance in the entity's proposal from what is described | |
| 180 | 509 | in the updated feasibility study prepared under section 5(i) of this | |
| 181 | 510 | chapter as the variance is related to a return on investment | |
| 182 | 511 | analysis, including anticipated income generated countywide, | |
| 183 | 512 | peripheral investment anticipated to result from the project, or | |
| 184 | 513 | anticipated gross retail tax revenue to be generated from the | |
| 185 | 514 | project. | |
| 186 | 515 | (2) The uses that the convention and event center will | |
| 187 | 516 | accommodate. | |
| 188 | 517 | (3) Acknowledgment that in order to secure money from the | |
| 189 | 518 | convention fund and reserve fund, the Lake County convention | |
| 190 | 519 | center authority, as described in section 9 of this chapter, will | |
| 191 | 520 | share in ownership of the convention and event center. | |
| 521 | + | ES 37—LS 6009/DI 120 13 | |
| 192 | 522 | (4) An operating plan, including information concerning: | |
| 193 | 523 | (A) any third party entity expected to manage and operate the | |
| 194 | 524 | facility; | |
| 195 | 525 | (B) any professional experience with convention center | |
| 196 | 526 | operations; | |
| 197 | 527 | (C) any professional experience with facility management; and | |
| 198 | 528 | (D) any experience with efficiency programs used for | |
| 199 | 529 | managing operating costs and capital expenditures. | |
| 200 | 530 | (5) An anticipated operating budget for the facility, including the | |
| 201 | 531 | financing of any operational shortfall and pro forma operating | |
| 202 | 532 | statements for the first five (5) years of operations. | |
| 203 | 533 | (6) Any documents related to vendor agreements, leases, | |
| 204 | 534 | partnerships, and financing plans and commitments. | |
| 205 | 535 | (7) Any proposed or available hotel accommodations that may be | |
| 206 | 536 | dedicated for the promotion and sales of the convention and event | |
| 207 | 537 | center, and not for promotional uses for any other associated | |
| 208 | - | SEA 37 — Concur 6 | |
| 209 | 538 | facility. | |
| 210 | 539 | (8) Any other information considered necessary by the Lake | |
| 211 | 540 | County board of commissioners. | |
| 212 | 541 | (b) Proposals shall be submitted to the Lake County board of | |
| 213 | 542 | commissioners and reviewed for completeness, adherence to the | |
| 214 | 543 | requirements under this section, and evaluation of the materials | |
| 215 | 544 | submitted. | |
| 216 | 545 | (c) The Lake County board of commissioners shall hold public | |
| 217 | 546 | hearings concerning proposals submitted and for the selection of any | |
| 218 | 547 | professional advisers to be used in approval of a proposal. | |
| 219 | 548 | (d) If a proposal is approved, the Lake County board of | |
| 220 | 549 | commissioners shall adopt a resolution to that effect. not later than | |
| 221 | 550 | December 1, 2024. If no proposal is approved before December 1, | |
| 222 | 551 | 2024, June 1, 2025, proposals may continue to be submitted to the | |
| 223 | 552 | Lake County board of commissioners for review. However, if no | |
| 224 | 553 | proposal is approved before January 1, 2028, no additional proposals | |
| 225 | 554 | may be accepted, and any money in the fund reverts to the state general | |
| 226 | - | fund. | |
| 227 | - | SECTION 5. An emergency is declared for this act. | |
| 228 | - | SEA 37 — Concur President of the Senate | |
| 229 | - | President Pro Tempore | |
| 230 | - | Speaker of the House of Representatives | |
| 231 | - | Governor of the State of Indiana | |
| 232 | - | Date: Time: | |
| 233 | - | SEA 37 — Concur | |
| 555 | + | fund.". | |
| 556 | + | Renumber all SECTIONS consecutively. | |
| 557 | + | and when so amended that said bill do pass. | |
| 558 | + | (Reference is to SB 37 as reprinted January 24, 2024.) | |
| 559 | + | THOMPSON | |
| 560 | + | Committee Vote: yeas 21, nays 0. | |
| 561 | + | ES 37—LS 6009/DI 120 |