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Indiana Senate Bill SB0061

Indiana 2024 Regular Session

Indiana Senate Bill SB0061 Compare Versions

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1-*SB0061.2*
2-Reprinted
3-February 6, 2024
1+*SB0061.1*
2+January 31, 2024
43 SENATE BILL No. 61
54 _____
6-DIGEST OF SB 61 (Updated February 5, 2024 2:31 pm - DI 140)
5+DIGEST OF SB 61 (Updated January 30, 2024 11:27 am - DI 120)
76 Citations Affected: IC 36-7.
87 Synopsis: Tourism improvement districts. Provides that a person may
98 circulate a petition to create a tourism improvement district (district)
109 within the territory of a county, city, or town (local unit). Specifies the
1110 contents of the tourism improvement district plan that must be filed
1211 with a petition to establish a district. Provides that, after a hearing on
1312 a petition to establish a district, the legislative body of a local unit may
1413 adopt the ordinance establishing the district only if it determines that
15-the petition has been signed by at least: (1) 65% of the owners within
16-the proposed district that will pay the assessments; and (2) the owners
17-of 65% of the total net assessed value of the real property within the
18-proposed district that will pay the assessments. Provides that owners
19-located within a district may be charged a special assessment to fund
20-improvements and other district activities. Defines the term "owner".
21-Excludes from inclusion within a district: (1) property that receives a
22-(Continued next page)
14+the petition has been signed by at least: (1) 65% of the businesses
15+within the proposed district that will pay the assessments; and (2) the
16+owners of 65% of the total net assessed value of the real property
17+within the proposed district that will pay the assessments.
18+Provides that owners of real property or businesses located within a
19+district may be charged a special assessment to fund improvements and
20+other district activities. Excludes from inclusion within a district: (1)
21+property that receives a homestead standard deduction; (2) property
22+used for single family residential housing; and (3) property used for
23+multi-unit residential housing. Specifies the contents of the ordinance
24+establishing a district and the length of time for which a district may
25+exist. Allows a district to issue bonds. Requires the county, city, or
26+town legislative body to contract with a nonprofit district management
27+association to administer and implement the district's activities and
28+improvements. Requires a district management association to annually
29+engage an independent certified public accounting firm to conduct an
30+examination of the district's funds, accounts, and financial affairs and
31+submit the examination to the legislative body and the fiscal body.
32+Excludes Marion County from the provisions of the bill.
2333 Effective: July 1, 2024.
24-Holdman, Baldwin,
25-Randolph Lonnie M
34+Holdman, Randolph Lonnie M
2635 January 8, 2024, read first time and referred to Committee on Tax and Fiscal Policy.
2736 January 30, 2024, amended, reported favorably — Do Pass.
28-February 5, 2024, read second time, amended, ordered engrossed.
29-SB 61—LS 6426/DI 129 Digest Continued
30-homestead standard deduction; (2) property used for single family
31-residential housing; and (3) property used for multi-unit residential
32-housing. Specifies the contents of the ordinance establishing a district
33-and the length of time for which a district may exist. Allows a district
34-to issue bonds. Requires the county, city, or town legislative body to
35-contract with a nonprofit district management association to administer
36-and implement the district's activities and improvements. Requires a
37-district management association to annually engage an independent
38-certified public accounting firm to conduct an examination of the
39-district's funds, accounts, and financial affairs and submit the
40-examination to the legislative body and the fiscal body. Excludes
41-Marion County from the provisions of the bill.
42-SB 61—LS 6426/DI 129SB 61—LS 6426/DI 129 Reprinted
43-February 6, 2024
37+SB 61—LS 6426/DI 129 January 31, 2024
4438 Second Regular Session of the 123rd General Assembly (2024)
4539 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4640 Constitution) is being amended, the text of the existing provision will appear in this style type,
4741 additions will appear in this style type, and deletions will appear in this style type.
4842 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4943 provision adopted), the text of the new provision will appear in this style type. Also, the
5044 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5145 a new provision to the Indiana Code or the Indiana Constitution.
5246 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5347 between statutes enacted by the 2023 Regular Session of the General Assembly.
5448 SENATE BILL No. 61
5549 A BILL FOR AN ACT to amend the Indiana Code concerning local
5650 government.
5751 Be it enacted by the General Assembly of the State of Indiana:
5852 1 SECTION 1. IC 36-7-41 IS ADDED TO THE INDIANA CODE AS
5953 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
6054 3 1, 2024]:
6155 4 Chapter 41. Tourism Improvement Districts
6256 5 Sec. 1. (a) Except as provided in subsection (b), this chapter
6357 6 applies to all units except townships.
6458 7 (b) This chapter does not apply to Marion County.
6559 8 Sec. 2. As used in this chapter, "activities" means any programs
6660 9 or services that promote business activity or tourism activity and
6761 10 are provided to confer specific benefits upon the real property or
6862 11 businesses that are located in the tourism improvement district.
6963 12 Sec. 3. As used in this chapter, "district" means a tourism
7064 13 improvement district established by an ordinance adopted under
7165 14 section 13 of this chapter.
7266 15 Sec. 4. As used in this chapter, "district management
7367 16 association" means a private nonprofit entity designated in the
7468 17 district plan that enters into a contract with the legislative body of
7569 SB 61—LS 6426/DI 129 2
7670 1 a unit to administer and implement the district's activities and
7771 2 improvements.
7872 3 Sec. 5. As used in this chapter, "district plan" means a proposal
7973 4 for a tourism improvement district that contains the information
8074 5 described in section 9(c) of this chapter.
8175 6 Sec. 6. As used in this chapter, "improvements" means the
8276 7 acquisition, construction, installation, or maintenance of any
8377 8 tangible property in the tourism improvement district with an
8478 9 estimated useful life of five (5) years or more.
8579 10 Sec. 7. As used in this chapter, "legislative body" has the
8680 11 meaning set forth in IC 36-1-2-9.
8781 12 Sec. 8. As used in this chapter, "owner" means:
8882 13 (1) for a parcel of real property located within the district, the
8983 14 person listed as the owner on the tax duplicate or special
9084 15 assessment roll; or
9185 16 (2) for a business located within the district, any person
9286 17 recognized by the unit as the owner of the business.
9387 18 Sec. 9. (a) A person that intends to file a petition for the
9488 19 establishment of a tourism improvement district under this section
9589 20 must first provide written notice to the clerk (as defined in
9690 21 IC 36-1-2-4) in the case of a municipality, or the county auditor, in
9791 22 the case of a county, of the person's intent before initiating the
9892 23 petition process.
9993 24 (b) A petition for the establishment of a tourism improvement
10094 25 district may be filed with the clerk of the municipality or the
10195 26 county auditor not later than one hundred twenty (120) days after
10296 27 the date on which the notice of intent for the petition is filed with
10397 28 the clerk of the municipality or the county auditor under
10498 29 subsection (a). The petition shall include the name and legal status
10599 30 of the filing party and the district plan.
106100 31 (c) The district plan shall include at least the following:
107101 32 (1) The name of the proposed district.
108102 33 (2) Subject to section 9.5 of this chapter, a map of the
109103 34 proposed district, including a description of the boundaries of
110104 35 the district in a manner sufficient to identify the real property
111105 36 or businesses included. Any real property that is exempt from
112106 37 property taxation under IC 6-1.1-10 or another law may be
113107 38 included within the district's boundaries but is not subject to
114108 39 the special assessment.
115109 40 (3) The proposed source or sources of financing, including:
116110 41 (A) the proposed method and basis of levying the special
117111 42 assessment in sufficient detail to allow each owner to
118112 SB 61—LS 6426/DI 129 3
119-1 calculate the amount of the special unsecured assessment
120-2 that may be levied against the owner; and
113+1 calculate the amount of the special assessment that may be
114+2 levied against the owner's business or real property; and
121115 3 (B) whether the district may issue bonds to finance
122116 4 improvements.
123-5 (4) A list of the owners to be assessed, including the parcel
124-6 number or key number for the property owned by the owner,
117+5 (4) A list of the businesses or real property to be assessed,
118+6 including the parcel number or key number for the property,
125119 7 and a statement of the manner in which the expenses of a
126-8 district will be imposed upon a benefited owner, in proportion
127-9 to the benefit received by the owner, including costs for
128-10 operation and maintenance.
129-11 (5) A classification of the types of owners within the proposed
130-12 district for purposes of determining the benefit to an owner of
131-13 the improvements and activities provided by the district.
132-14 (6) A statement identifying the district management
133-15 association.
134-16 (7) Any other item or matter required to be incorporated in
135-17 the district plan by the unit's legislative body.
136-18 Sec. 9.5. Owners of the following property may not be included
137-19 within the territory of a district and the owners of such property
138-20 shall not be considered in determining the petition signature
139-21 requirements under section 13 of this chapter:
140-22 (1) Any property that receives a homestead standard
141-23 deduction under IC 6-1.1-12-37.
142-24 (2) Any property that is used for single family residential
143-25 housing.
144-26 (3) Any property that is used for multi-unit residential
145-27 housing.
146-28 In addition, the property described in this section shall not be
147-29 subject to a special assessment under this chapter.
148-30 Sec. 10. Subject to section 9.5 of this chapter, the territory of a
149-31 tourism improvement district:
150-32 (1) in the case of a municipality, may include only territory
151-33 within the municipality; or
152-34 (2) in the case of a county, may include only territory of the
153-35 county that is not within any municipality in the county.
154-36 Sec. 11. (a) A special assessment shall be levied on the basis of
155-37 the estimated benefit to the owner within the tourism improvement
156-38 district. The unit's legislative body may use the classification of the
157-39 types of property and businesses described in section 9(c)(5) of this
158-40 chapter in determining the benefit to an owner provided by the
159-41 district.
160-42 (b) The special assessment may be levied on owners of different
120+8 district will be imposed upon a benefited business or property,
121+9 in proportion to the benefit received by the business or real
122+10 property, including costs for operation and maintenance.
123+11 (5) A classification of the types of property and businesses
124+12 within the proposed district for purposes of determining the
125+13 benefit to a property or business of the improvements and
126+14 activities provided by the district.
127+15 (6) A statement identifying the district management
128+16 association.
129+17 (7) Any other item or matter required to be incorporated in
130+18 the district plan by the unit's legislative body.
131+19 Sec. 9.5. The following property may not be included within the
132+20 territory of a district and the owners of such property shall not be
133+21 considered in determining the petition signature requirements
134+22 under section 13 of this chapter:
135+23 (1) Any property that receives a homestead standard
136+24 deduction under IC 6-1.1-12-37.
137+25 (2) Any property that is used for single family residential
138+26 housing.
139+27 (3) Any property that is used for multi-unit residential
140+28 housing.
141+29 In addition, the property described in this section shall not be
142+30 subject to a special assessment under this chapter.
143+31 Sec. 10. Subject to section 9.5 of this chapter, the territory of a
144+32 tourism improvement district:
145+33 (1) in the case of a municipality, may include only territory
146+34 within the municipality; or
147+35 (2) in the case of a county, may include only territory of the
148+36 county that is not within any municipality in the county.
149+37 Sec. 11. (a) A special assessment on real property or businesses
150+38 shall be levied on the basis of the estimated benefit to the real
151+39 property or business within the tourism improvement district. The
152+40 unit's legislative body may use the classification of the types of
153+41 property and businesses described in section 9(c)(5) of this chapter
154+42 in determining the benefit to a property or business provided by
161155 SB 61—LS 6426/DI 129 4
162-1 types of property located within the district and is not required to
163-2 be levied on the same basis or at the same rate.
164-3 Sec. 12. (a) After receipt of a petition under section 9 of this
165-4 chapter, the clerk of the municipality or the county auditor shall,
166-5 in the manner provided by IC 5-3-1, publish notice of a hearing on
167-6 the proposed tourism improvement district. The clerk of the
168-7 municipality or the county auditor shall mail a copy of the notice
169-8 to each owner within the proposed tourism improvement district.
170-9 The notice must include the boundaries of the proposed district, a
171-10 description of the proposed activities and improvements, the
172-11 proposed formula for determining the percentage of the total
173-12 benefit to be received by each owner, and the hearing date. The
174-13 date of the hearing may not be more than sixty (60) days after the
175-14 date on which the notice is mailed.
176-15 (b) At the public hearing under subsection (a), the legislative
177-16 body shall hear all owners in the proposed district (who appear
178-17 and request to be heard) upon the questions of:
179-18 (1) the sufficiency of the notice;
180-19 (2) whether the proposed activities and improvements are of
181-20 public utility and benefit;
182-21 (3) whether the formula or method to be used for the
183-22 assessment of special benefits is appropriate; and
184-23 (4) whether the district contains all, or more or less than all,
185-24 of the property specially benefited by the activities and
186-25 improvements.
187-26 Sec. 13. (a) After conducting a hearing on the proposed tourism
188-27 improvement district, the legislative body may adopt an ordinance
189-28 establishing the tourism improvement district if it determines that:
190-29 (1) the petition meets the requirements of this section and
191-30 sections 9 through 11 of this chapter;
192-31 (2) the activities and improvements to be undertaken in the
193-32 district will provide special benefits to owners in the district
194-33 and will be of public utility and benefit;
195-34 (3) the benefits provided by the activities and improvements
196-35 will be new benefits that do not replace benefits existing
197-36 before the establishment of the district; and
198-37 (4) the formula or method to be used for the assessment of
199-38 benefits is appropriate.
200-39 (b) The legislative body may adopt the ordinance only if it
201-40 determines that the petition has been signed by at least:
202-41 (1) sixty-five percent (65%) of the owners within the proposed
203-42 district that will pay the assessments; and
156+1 the district.
157+2 (b) The special assessment may be levied on different types of
158+3 businesses or property located within the district and is not
159+4 required to be levied on the same basis or at the same rate.
160+5 Sec. 12. (a) After receipt of a petition under section 9 of this
161+6 chapter, the clerk of the municipality or the county auditor shall,
162+7 in the manner provided by IC 5-3-1, publish notice of a hearing on
163+8 the proposed tourism improvement district. The clerk of the
164+9 municipality or the county auditor shall mail a copy of the notice
165+10 to each owner within the proposed tourism improvement district.
166+11 The notice must include the boundaries of the proposed district, a
167+12 description of the proposed activities and improvements, the
168+13 proposed formula for determining the percentage of the total
169+14 benefit to be received by each parcel of real property, the method
170+15 of determining the benefit received by each business, and the
171+16 hearing date. The date of the hearing may not be more than sixty
172+17 (60) days after the date on which the notice is mailed.
173+18 (b) At the public hearing under subsection (a), the legislative
174+19 body shall hear all owners in the proposed district (who appear
175+20 and request to be heard) upon the questions of:
176+21 (1) the sufficiency of the notice;
177+22 (2) whether the proposed activities and improvements are of
178+23 public utility and benefit;
179+24 (3) whether the formula or method to be used for the
180+25 assessment of special benefits is appropriate; and
181+26 (4) whether the district contains all, or more or less than all,
182+27 of the property specially benefited by the activities and
183+28 improvements.
184+29 Sec. 13. (a) After conducting a hearing on the proposed tourism
185+30 improvement district, the legislative body may adopt an ordinance
186+31 establishing the tourism improvement district if it determines that:
187+32 (1) the petition meets the requirements of this section and
188+33 sections 9 through 11 of this chapter;
189+34 (2) the activities and improvements to be undertaken in the
190+35 district will provide special benefits to owners in the district
191+36 and will be of public utility and benefit;
192+37 (3) the benefits provided by the activities and improvements
193+38 will be new benefits that do not replace benefits existing
194+39 before the establishment of the district; and
195+40 (4) the formula or method to be used for the assessment of
196+41 benefits is appropriate.
197+42 (b) The legislative body may adopt the ordinance only if it
204198 SB 61—LS 6426/DI 129 5
205-1 (2) the owners of sixty-five percent (65%) of the total net
206-2 assessed value of the real property within the proposed
207-3 district that will pay the assessments.
208-4 Both criteria set forth in subdivisions (1) and (2) must be met.
209-5 (c) The ordinance shall:
210-6 (1) incorporate the information set forth in the district plan;
211-7 (2) specify the time and manner in which assessments levied
212-8 under this chapter are to be collected; and
213-9 (3) include any other content that the legislative body
214-10 determines is reasonable as it relates to the operation of the
215-11 district.
216-12 (d) The adoption of an ordinance establishing a tourism
217-13 improvement district does not affect and may not be construed to
218-14 authorize any decrease in the level of publicly funded tourism
219-15 promotion services that existed before the district's establishment.
220-16 Sec. 14. (a) The unit's legislative body shall contract with a
221-17 district management association to administer and implement the
222-18 district's activities and improvements. The district management
223-19 association shall be designated in the district plan.
224-20 (b) The district management association may make
225-21 recommendations to the unit's legislative body with respect to any
226-22 matter involving or relating to the district.
227-23 Sec. 15. (a) The district may issue bonds for providing
228-24 improvements.
229-25 (b) Bonds issued under this chapter do not constitute an
230-26 indebtedness of the unit within the meaning of a constitutional or
231-27 statutory debt limitation.
232-28 Sec. 16. The initial term for a district shall be at least three (3)
233-29 years and not more than ten (10) years. However, in the case of a
234-30 district created for the purpose of issuing bonds, the initial term of
235-31 the district may not exceed the maximum maturity of those bonds,
236-32 provided that the amount of the bonds initially issued do not cause
237-33 the duration of the bonds to exceed ten (10) years.
238-34 Sec. 17. (a) A district may not be renewed. A district may be
239-35 reestablished only if all of the requirements and procedures for
240-36 establishing a district under this chapter are completed again prior
241-37 to or upon the expiration of the district under section 16 of this
242-38 chapter. A district may not be reestablished for more than an
243-39 additional ten (10) year period. However, in the case of a district
244-40 created for the purpose of issuing bonds, the reestablishment of the
245-41 district may not exceed the maximum maturity of those bonds,
246-42 provided that the amount of the bonds issued upon reestablishment
199+1 determines that the petition has been signed by at least:
200+2 (1) sixty-five percent (65%) of the businesses within the
201+3 proposed district that will pay the assessments; and
202+4 (2) the owners of sixty-five percent (65%) of the total net
203+5 assessed value of the real property within the proposed
204+6 district that will pay the assessments.
205+7 Both criteria set forth in subdivisions (1) and (2) must be met.
206+8 (c) The ordinance shall:
207+9 (1) incorporate the information set forth in the district plan;
208+10 (2) specify the time and manner in which assessments levied
209+11 under this chapter are to be collected; and
210+12 (3) include any other content that the legislative body
211+13 determines is reasonable as it relates to the operation of the
212+14 district.
213+15 (d) The adoption of an ordinance establishing a tourism
214+16 improvement district does not affect and may not be construed to
215+17 authorize any decrease in the level of publicly funded tourism
216+18 promotion services that existed before the district's establishment.
217+19 Sec. 14. (a) The unit's legislative body shall contract with a
218+20 district management association to administer and implement the
219+21 district's activities and improvements. The district management
220+22 association shall be designated in the district plan.
221+23 (b) The district management association may make
222+24 recommendations to the unit's legislative body with respect to any
223+25 matter involving or relating to the district.
224+26 Sec. 15. (a) The district may issue bonds for providing
225+27 improvements.
226+28 (b) Bonds issued under this chapter do not constitute an
227+29 indebtedness of the unit within the meaning of a constitutional or
228+30 statutory debt limitation.
229+31 Sec. 16. The initial term for a district shall be at least three (3)
230+32 years and not more than ten (10) years. However, in the case of a
231+33 district created for the purpose of issuing bonds, the initial term of
232+34 the district may not exceed the maximum maturity of those bonds,
233+35 provided that the amount of the bonds initially issued do not cause
234+36 the duration of the bonds to exceed ten (10) years.
235+37 Sec. 17. (a) A district may not be renewed. A district may be
236+38 reestablished only if all of the requirements and procedures for
237+39 establishing a district under this chapter are completed again prior
238+40 to or upon the expiration of the district under section 16 of this
239+41 chapter. A district may not be reestablished for more than an
240+42 additional ten (10) year period. However, in the case of a district
247241 SB 61—LS 6426/DI 129 6
248-1 of the district do not cause the duration of the bonds to exceed ten
249-2 (10) years.
250-3 (b) If a district is reestablished, any remaining revenues derived
251-4 from the levy of a special assessment, or any revenues derived from
252-5 the sale of assets acquired with the revenues, shall be transferred
253-6 to the reestablished district. The following apply to the transfer of
254-7 any remaining revenues of a reestablished district:
255-8 (1) If the reestablished district includes an owner not included
256-9 in the prior district, the remaining revenues shall be spent to
257-10 benefit only the owners in the prior district.
258-11 (2) If the reestablished district does not include an owner
259-12 included in the prior district, the remaining revenues
260-13 attributable to the owner shall be refunded to the owner.
261-14 (c) The boundaries, assessments, improvements, or activities of
262-15 a reestablished district are not required to be the same as the
263-16 original or prior district.
264-17 Sec. 18. An ordinance adopted under section 13 of this chapter
265-18 may be amended or repealed if notice of the proposed amendment
266-19 or repeal is published and mailed in the manner provided by
267-20 section 12 of this chapter. However, if an amendment proposes to:
268-21 (1) levy a new or increased special assessment;
269-22 (2) change the district's boundaries; or
270-23 (3) issue a new bond;
271-24 the unit's legislative body shall require compliance with the
272-25 procedures set forth in sections 9 through 13 of this chapter before
273-26 amending the ordinance.
274-27 Sec. 19. (a) The district management association shall annually
275-28 engage an independent certified public accounting firm to conduct
276-29 an examination of the tourism improvement district's funds,
277-30 accounts, and financial affairs.
278-31 (b) The district management association shall submit an annual
279-32 report and the examination required under subsection (a) to the
280-33 legislative body and the fiscal body before January 1 of each year.
281-34 (c) The report shall contain all of the following information:
282-35 (1) The activities and improvements to be provided for the
283-36 ensuing year and an estimate of the cost of providing the
284-37 activities and improvements for that year.
285-38 (2) The estimated amount of any surplus or deficit revenues
286-39 to be carried over from the prior year.
287-40 Sec. 20. If a tourism improvement district is repealed, the assets
288-41 and liabilities of the district shall be disposed of in the manner
289-42 determined by the unit. However, liabilities incurred by the
242+1 created for the purpose of issuing bonds, the reestablishment of the
243+2 district may not exceed the maximum maturity of those bonds,
244+3 provided that the amount of the bonds issued upon reestablishment
245+4 of the district do not cause the duration of the bonds to exceed ten
246+5 (10) years.
247+6 (b) If a district is reestablished, any remaining revenues derived
248+7 from the levy of a special assessment, or any revenues derived from
249+8 the sale of assets acquired with the revenues, shall be transferred
250+9 to the reestablished district. The following apply to the transfer of
251+10 any remaining revenues of a reestablished district:
252+11 (1) If the reestablished district includes a parcel of real
253+12 property or a business not included in the prior district, the
254+13 remaining revenues shall be spent to benefit only the parcel or
255+14 business in the prior district.
256+15 (2) If the reestablished district does not include a parcel of
257+16 real property or a business included in the prior district, the
258+17 remaining revenues attributable to the parcel shall be
259+18 refunded to the owners of the parcel or business.
260+19 (c) The boundaries, assessments, improvements, or activities of
261+20 a reestablished district are not required to be the same as the
262+21 original or prior district.
263+22 Sec. 18. An ordinance adopted under section 13 of this chapter
264+23 may be amended or repealed if notice of the proposed amendment
265+24 or repeal is published and mailed in the manner provided by
266+25 section 12 of this chapter. However, if an amendment proposes to:
267+26 (1) levy a new or increased special assessment;
268+27 (2) change the district's boundaries; or
269+28 (3) issue a new bond;
270+29 the unit's legislative body shall require compliance with the
271+30 procedures set forth in sections 9 through 13 of this chapter before
272+31 amending the ordinance.
273+32 Sec. 19. (a) The district management association shall annually
274+33 engage an independent certified public accounting firm to conduct
275+34 an examination of the tourism improvement district's funds,
276+35 accounts, and financial affairs.
277+36 (b) The district management association shall submit an annual
278+37 report and the examination required under subsection (a) to the
279+38 legislative body and the fiscal body before January 1 of each year.
280+39 (c) The report shall contain all of the following information:
281+40 (1) The activities and improvements to be provided for the
282+41 ensuing year and an estimate of the cost of providing the
283+42 activities and improvements for that year.
290284 SB 61—LS 6426/DI 129 7
291-1 tourism improvement district are not an obligation of the unit and
292-2 are payable only from the special assessments and other revenues
293-3 of the district. Special assessments levied to pay the principal and
294-4 interest on any bonds issued under this chapter may not be reduced
295-5 or terminated if doing so would interfere with the timely
296-6 retirement of the debt.
285+1 (2) The estimated amount of any surplus or deficit revenues
286+2 to be carried over from the prior year.
287+3 Sec. 20. If a tourism improvement district is repealed, the assets
288+4 and liabilities of the district shall be disposed of in the manner
289+5 determined by the unit. However, liabilities incurred by the
290+6 tourism improvement district are not an obligation of the unit and
291+7 are payable only from the special assessments and other revenues
292+8 of the district. Special assessments levied to pay the principal and
293+9 interest on any bonds issued under this chapter may not be reduced
294+10 or terminated if doing so would interfere with the timely
295+11 retirement of the debt.
297296 SB 61—LS 6426/DI 129 8
298297 COMMITTEE REPORT
299298 Madam President: The Senate Committee on Tax and Fiscal Policy,
300299 to which was referred Senate Bill No. 61, has had the same under
301300 consideration and begs leave to report the same back to the Senate with
302301 the recommendation that said bill be AMENDED as follows:
303302 Page 1, delete line 5, begin a new paragraph and insert:
304303 "Sec. 1. (a) Except as provided in subsection (b), this chapter
305304 applies to all units except townships.
306305 (b) This chapter does not apply to Marion County.".
307306 Page 3, delete lines 17 through 19, begin a new paragraph and
308307 insert:
309308 "Sec. 9.5. The following property may not be included within the
310309 territory of a district and the owners of such property shall not be
311310 considered in determining the petition signature requirements
312311 under section 13 of this chapter:
313312 (1) Any property that receives a homestead standard
314313 deduction under IC 6-1.1-12-37.
315314 (2) Any property that is used for single family residential
316315 housing.
317316 (3) Any property that is used for multi-unit residential
318317 housing.
319318 In addition, the property described in this section shall not be
320319 subject to a special assessment under this chapter.".
321320 Page 4, delete lines 31 through 34, begin a new paragraph and
322321 insert:
323322 "(b) The legislative body may adopt the ordinance only if it
324323 determines that the petition has been signed by at least:
325324 (1) sixty-five percent (65%) of the businesses within the
326325 proposed district that will pay the assessments; and
327326 (2) the owners of sixty-five percent (65%) of the total net
328327 assessed value of the real property within the proposed
329328 district that will pay the assessments.
330329 Both criteria set forth in subdivisions (1) and (2) must be met.
331330 (c) The ordinance shall:".
332331 Page 4, line 41, delete "(c)" and insert "(d)".
333332 Page 5, delete lines 15 through 38, begin a new paragraph and
334333 insert:
335334 "Sec. 16. The initial term for a district shall be at least three (3)
336335 years and not more than ten (10) years. However, in the case of a
337336 district created for the purpose of issuing bonds, the initial term of
338337 the district may not exceed the maximum maturity of those bonds,
339338 provided that the amount of the bonds initially issued do not cause
340339 SB 61—LS 6426/DI 129 9
341340 the duration of the bonds to exceed ten (10) years.
342341 Sec. 17. (a) A district may not be renewed. A district may be
343342 reestablished only if all of the requirements and procedures for
344343 establishing a district under this chapter are completed again prior
345344 to or upon the expiration of the district under section 16 of this
346345 chapter. A district may not be reestablished for more than an
347346 additional ten (10) year period. However, in the case of a district
348347 created for the purpose of issuing bonds, the reestablishment of the
349348 district may not exceed the maximum maturity of those bonds,
350349 provided that the amount of the bonds issued upon reestablishment
351350 of the district do not cause the duration of the bonds to exceed ten
352351 (10) years.
353352 (b) If a district is reestablished, any remaining revenues derived
354353 from the levy of a special assessment, or any revenues derived from
355354 the sale of assets acquired with the revenues, shall be transferred
356355 to the reestablished district. The following apply to the transfer of
357356 any remaining revenues of a reestablished district:
358357 (1) If the reestablished district includes a parcel of real
359358 property or a business not included in the prior district, the
360359 remaining revenues shall be spent to benefit only the parcel or
361360 business in the prior district.
362361 (2) If the reestablished district does not include a parcel of
363362 real property or a business included in the prior district, the
364363 remaining revenues attributable to the parcel shall be
365364 refunded to the owners of the parcel or business.
366365 (c) The boundaries, assessments, improvements, or activities of
367366 a reestablished district are not required to be the same as the
368367 original or prior district.".
369368 Page 6, delete lines 7 through 9, begin a new paragraph and insert:
370369 "Sec. 19. (a) The district management association shall annually
371370 engage an independent certified public accounting firm to conduct
372371 an examination of the tourism improvement district's funds,
373372 accounts, and financial affairs.
374373 (b) The district management association shall submit an annual
375374 report and the examination required under subsection (a) to the
376375 legislative body and the fiscal body before January 1 of each year.".
377376 Page 6, line 10, delete "(b)" and insert "(c)".
378377 and when so amended that said bill do pass.
379378 (Reference is to SB 61 as introduced.)
380379 SB 61—LS 6426/DI 129 10
381380 HOLDMAN, Chairperson
382381 Committee Vote: Yeas 12, Nays 0.
383-_____
384-SENATE MOTION
385-Madam President: I move that Senate Bill 61 be amended to read as
386-follows:
387-Page 3, line 1, after "special" insert "unsecured".
388-Page 3, line 2, delete "owner's business or real property;" and insert
389-"owner;".
390-Page 3, line 5, delete "businesses or real property" and insert
391-"owners".
392-Page 3, line 6, delete "property," and insert "property owned by the
393-owner,".
394-Page 3, line 8, delete "business or property" and insert "owner".
395-Page 3, line 9, delete "business or real" and insert "owner,".
396-Page 3, line 10, delete "property,".
397-Page 3, line 11, delete "property and businesses" and insert
398-"owners".
399-Page 3, line 13, delete "a property or business" and insert "an
400-owner".
401-Page 3, line 19, delete "The" and insert "Owners of the".
402-Page 3, line 37, delete "on real property or businesses".
403-Page 3, line 38, delete "real" and insert "owner".
404-Page 3, line 39, delete "property or business".
405-Page 3, line 42, delete "a property or business" and insert "an
406-owner".
407-Page 4, line 2, after "levied on" and insert "owners of".
408-Page 4, line 3, delete "businesses or".
409-Page 4, line 14, delete "parcel of real property, the method" and
410-insert "owner,".
411-Page 4, line 15, delete "of determining the benefit received by each
412-business,".
413-Page 5, line 2, delete "businesses" and insert "owners".
414-Page 6, line 11, delete "a parcel of real" and insert "an owner".
415-Page 6, line 12, delete "property or a business".
416-Page 6, line 13, delete "parcel or" and insert "owners".
417-Page 6, line 14, delete "business".
418-Page 6, line 15, delete "a parcel of" and insert "an owner".
419-Page 6, line 16, delete "real property or a business".
420-SB 61—LS 6426/DI 129 11
421-Page 6, line 17, delete "parcel" and insert "owner".
422-Page 6, line 18, delete "owners of the parcel or business." and insert
423-"owner."
424-(Reference is to SB 61 as printed January 31, 2024.)
425-HOLDMAN
426382 SB 61—LS 6426/DI 129