LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 6407 NOTE PREPARED: Feb 4, 2025 BILL NUMBER: HB 1080 BILL AMENDED: Jan 30, 2025 SUBJECT: Innkeeper's and Food and Beverage Taxes. FIRST AUTHOR: Rep. Mayfield BILL STATUS: As Passed House FIRST SPONSOR: Sen. Holdman FUNDS AFFECTED:XGENERAL IMPACT: State & Local DEDICATED FEDERAL Summary of Legislation: Monroe County Food and Beverage Tax: This bill provides that the fiscal body of the town of Ellettsville may, not later than December 31, 2025, adopt an ordinance to receive revenue collected from the food and beverage tax. The bill specifies the distribution of revenue and provides that the ordinance must specify that the town's collection of the revenue terminates not later than July 1, 2027. LaGrange County Innkeeper’s Tax: This bill authorizes LaGrange County to impose an innkeeper's tax to replace the innkeeper's tax the county currently imposes under the uniform innkeeper's tax law. It allows a maximum tax rate of 8%. Shelbyville Food and Beverage Tax: This bill allows the city of Shelbyville to impose a food and beverage tax. Brown County Innkeeper’s Tax: This bill allows Brown County to impose its innkeeper's tax at a rate that does not exceed 8% (instead of 5% under current law) under its enabling statute. Vanderburgh County Innkeeper’s Tax: This bill reallocates the amounts of revenue received from the Vanderburgh County innkeeper's tax to be deposited in the convention and visitor promotion fund, the tourism capital improvement fund, and the convention center operating, capital improvement, and financial incentive fund. Delaware County Innkeeper’s Tax: This bill authorizes Delaware County to increase the county's innkeeper's tax rate from 5% to not more than 8% under the uniform innkeeper's tax statute. Effective Date: Upon passage; July 1, 2025. Explanation of State Expenditures: Shelbyville Food and Beverage Tax: The city of Shelbyville food and beverage tax would be collected and remitted to the Department of State Revenue (DOR) in the same manner as Sales Tax. The DOR should be able to implement the bill's requirements within existing levels of staff and resources. HB 1080 1 Explanation of State Revenues: Explanation of Local Expenditures: Monroe County Food and Beverage Tax: If the town of Ellettsville adopts an ordinance to receive food and beverage tax revenue, the fiscal officer of the town would establish a food and beverage tax receipts fund. Money in this fund may only be used for transit related purposes. Shelbyville Food and Beverage Tax: The city of Shelbyville could potentially incur a one-time increase in costs if it holds an additional public hearing to discuss a proposed ordinance to impose a food and beverage tax. If the city imposes a food and beverage tax, the city fiscal officer would establish a food and beverage tax receipts fund, in which all revenue from the tax would be deposited. Money in this fund may only be used for the purposes outlined in the bill. Explanation of Local Revenues: Monroe County Food and Beverage Tax: The bill provides that the town of Ellettsville may adopt an ordinance by December 31, 2025, to receive a share of the Monroe County food and beverage tax revenue that is collected in the town. The town’s share would equal 50% of the revenue collected outside the city of Bloomington. The town could receive an estimated $245,000 in CY 2026 and $124,000 in CY 2027. A smaller amount could also be distributed to Ellettsville in CY 2025, depending on when the ordinance is adopted. The town's collection of revenue would terminate not later than July 1, 2027. These estimates are based on actual revenue from the Monroe County food and beverage tax and the city of Bloomington’s share of the generated revenue. LaGrange County Innkeeper’s Tax: This bill allows LaGrange County to increase the rate of the tax from 5% to 8% beginning July 1, 2025. The table below shows the estimated revenue increase for CY 2025 through CY 2027 with the tax rate change, assuming the county adopts an ordinance to increase the tax rate on or before July 15, 2025. Actual revenues may be lower than the estimated amounts listed to the extent that consumer demand for lodging is reduced due to the price increase from the tax. LaGrange County Innkeeper’s Tax Estimated Revenue Increase CY 2025 CY 2026 CY 2027 $109,000 $664,000 $677,000 LaGrange County collected about $1.06 M in innkeeper's tax revenue in CY 2023. Under current law, LaGrange County innkeeper's tax revenue funds the county's convention, visitor, and tourism promotion fund. Shelbyville Food and Beverage Tax: The bill authorizes the city of Shelbyville to impose a food and beverage tax at a rate not to exceed 1% of gross retail income from food and beverage transactions in the city. If the city adopts an ordinance to impose the tax in July 2025, the tax would be effective in September 2025, and collections would likely begin in October 2025. The Shelbyville food and beverage tax expires on July 1, 2047. The following table shows the estimated potential revenue for CY 2025 through CY 2027. Estimated Potential City of Shelbyville Food and Beverage Tax Revenue, 1% HB 1080 2 CY 2025 CY 2026 CY 2027 $226,000 $893,000 $889,000 These estimates are based on employment data for the food services industry in Shelby County, as reported in the 2023 Quarterly Census of Employment and Wages, and data from counties that currently impose food and beverage taxes. A portion of the county total was allocated to Shelbyville based on the city's estimated share of the food and beverage industry in the county. Brown County Innkeeper’s Tax: This bill allows Brown County to increase the rate of the tax from 5% to 8% beginning July 1, 2025. The table below shows the estimated revenue increase for CY 2025 through CY 2027, assuming the tax rate is increased to 8% effective July 1, 2025. Actual revenues may be lower than the estimated amounts listed to the extent that consumer demand for lodging is reduced due to the price increase from the tax. Brown County Innkeeper’s Tax Estimated Revenue Increase CY 2025 CY 2026 CY 2027 $558,000 $1,102,000 $1,094,000 Brown County collected about $1.66 M in innkeeper's tax revenue in CY 2023. Under current law, Brown County innkeeper's tax revenue is deposited in the county's convention and visitors fund. Vanderburgh County Innkeeper’s Tax: The bill changes the distribution of Vanderburgh County innkeeper’s tax revenue beginning in CY 2026. Compared to current law, the bill increases the amount that will be distributed to the convention and visitor promotion fund and the convention center operating, capital improvement, and financial incentive fund and decreases the distribution to the tourism capital improvement fund. The overall innkeeper's tax rate will remain the same at 8%. Under current law, the distribution of Vanderburgh County innkeeper's tax revenue to the tourism capital improvement fund and the convention center operating, capital improvement, and financial incentive fund will change in CY 2026, with the tourism capital improvement fund receiving a share increase from a 3.5% rate to a 4.5% rate, while the convention center operating, capital improvement, and financial incentive fund would have a revenue share decrease from 2% to 1%. This bill provides that beginning in CY 2026, the convention and visitor promotion fund share will increase from 2.5% to 3%. The tourism capital improvement fund share will decrease from 3.5% to 3% in CY 2026 and an increase to 4% beginning in CY 2029. The convention center operating, capital improvement, and financial incentive fund will remain at 2% in CY 2026 and decrease to 1% in CY 2029. [In CY 2023, Vanderburgh County received $6.39 M in innkeeper's tax revenues.] Delaware County Innkeeper’s Tax: This bill allows Delaware County to increase the rate of the tax from 5% to 8% beginning July 1, 2025. The table below shows the estimated revenue increase for CY 2025 through CY 2027, assuming the tax rate is increased to 8% effective July 1, 2025. Actual revenues may be lower than the estimated amounts listed to the extent that consumer demand for lodging is reduced due to the price increase from the tax. HB 1080 3 Delaware County Innkeeper’s Tax Estimated Revenue Increase CY 2025 CY 2026 CY 2027 $362,000 $730,000 $742,000 Delaware County collected about $1.20 M in innkeeper's tax revenue in CY 2023. Under current law, Delaware County innkeeper's tax revenue is deposited in the county's convention and visitors fund. State Agencies Affected: Department of State Revenue. Local Agencies Affected: Town of Ellettsville, Monroe County, LaGrange County, City of Shelbyville, Vanderburgh County, Delaware County. Information Sources: Legislative Services Agency, Indiana Handbook of Taxes, Revenues, and Appropriations, FY 2024. Quarterly Census of Employment and Wages Data. Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852. HB 1080 4