*HB1615.2* February 13, 2025 HOUSE BILL No. 1615 _____ DIGEST OF HB 1615 (Updated February 11, 2025 7:41 pm - DI 125) Citations Affected: IC 36-7. Synopsis: Certified technology park. Provides that if a Level 2 certified technology park (park): (1) has reached the limit of deposits for a Level 2 park; (2) maintains its certification; and (3) is located within a military base enhancement area; the park shall become a Level 3 park upon reaching its Level 2 deposit limit. Provides that a Level 3 park may receive an additional annual incremental income tax deposit of up to $250,000. Effective: July 1, 2025. Lindauer, Judy, Heine, Manning January 21, 2025, read first time and referred to Committee on Veterans Affairs and Public Safety. January 27, 2025, reported — Do Pass. Referred to Committee on Ways and Means pursuant to Rule 126.3. February 13, 2025, amended, reported — Do Pass. HB 1615—LS 6748/DI 116 February 13, 2025 First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. HOUSE BILL No. 1615 A BILL FOR AN ACT to amend the Indiana Code concerning local government. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 36-7-32-8.5, AS AMENDED BY P.L.154-2020, 2 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: Sec. 8.5. As used in this chapter, "income tax 4 incremental amount" means the following: 5 (1) Except as provided in subdivision (2), the remainder of: 6 (A) the total amount of state adjusted gross income taxes and 7 local income taxes paid by employees employed in the 8 territory comprising the certified technology park with respect 9 to wages and salary earned for work in the territory comprising 10 the certified technology park for a particular state fiscal year; 11 minus 12 (B) the sum of the: 13 (i) income tax base period amount as defined in section 8 of 14 this chapter; and 15 (ii) tax credits awarded by the Indiana economic 16 development corporation under IC 6-3.1-13 to businesses 17 operating in a certified technology park as the result of HB 1615—LS 6748/DI 116 2 1 wages earned for work in the certified technology park for 2 the state fiscal year; 3 as determined by the department of state revenue. 4 (2) In the case of a certified technology park for which the amount 5 limit under section 22(c), or 22(d), or 22(e) of this chapter has 6 been exceeded, the remainder of: 7 (A) the total amount of state adjusted gross income taxes and 8 local income taxes paid by employees employed in the 9 territory comprising the certified technology park with respect 10 to wages and salary earned for work in the territory comprising 11 the certified technology park for a particular state fiscal year; 12 minus 13 (B) the sum of the: 14 (i) income tax base period amount as defined in section 8 of 15 this chapter; and 16 (ii) tax credits awarded by the Indiana economic 17 development corporation under IC 6-3.1-13 to businesses 18 operating in a certified technology park as the result of 19 wages earned for work in the certified technology park for 20 the state fiscal year; 21 as determined by the department of state revenue. 22 SECTION 2. IC 36-7-32-22, AS AMENDED BY P.L.236-2023, 23 SECTION 188, IS AMENDED TO READ AS FOLLOWS 24 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The treasurer of state shall 25 establish an incremental tax financing fund for each certified 26 technology park designated under this chapter. The fund shall be 27 administered by the treasurer of state. Money in the fund does not 28 revert to the state general fund at the end of a state fiscal year. 29 (b) Subject to subsection (c), the following amounts shall be 30 deposited during each state fiscal year in the incremental tax financing 31 fund established for a certified technology park under subsection (a): 32 (1) The aggregate amount of state gross retail and use taxes that 33 are remitted under IC 6-2.5 by businesses operating in the 34 certified technology park, until the amount of state gross retail 35 and use taxes deposited equals the gross retail incremental 36 amount for the certified technology park. 37 (2) Except as provided in subdivision (3), the aggregate amount 38 of the following taxes paid by employees employed in the 39 certified technology park with respect to wages earned for work 40 in the certified technology park, until the amount deposited equals 41 the income tax incremental amount as defined in section 8.5(1) of 42 this chapter: HB 1615—LS 6748/DI 116 3 1 (A) The adjusted gross income tax. 2 (B) The local income tax (IC 6-3.6). 3 (3) In the case of a certified technology park to which subsection 4 (e) applies, the amount determined under subsection (e), if any. 5 (c) Except as provided in subsections (d), and (e), and (f), not more 6 than a total of five million dollars ($5,000,000) may be deposited in a 7 particular incremental tax financing fund for a certified technology 8 park over the life of the certified technology park. 9 (d) Except as provided in subsection (e), subsections (e) and (f), in 10 the case of a certified technology park that is operating under a written 11 agreement entered into by two (2) or more redevelopment 12 commissions, and subject to section 26(b)(4) of this chapter: 13 (1) not more than a total of five million dollars ($5,000,000) may 14 be deposited over the life of the certified technology park in the 15 incremental tax financing fund of each redevelopment 16 commission participating in the operation of the certified 17 technology park; and 18 (2) the total amount that may be deposited in all incremental tax 19 financing funds, over the life of the certified technology park, in 20 aggregate, may not exceed the result of: 21 (A) five million dollars ($5,000,000); multiplied by 22 (B) the number of redevelopment commissions that have 23 entered into a written agreement for the operation of the 24 certified technology park. 25 (e) If a certified technology park has reached the limit on deposits 26 under subsection (c) or (d) and maintains its certification under section 27 11(c) of this chapter, the certified technology park shall become a 28 Level 2 certified technology park and an additional annual deposit 29 amount shall be deposited in the incremental tax financing fund for the 30 certified technology park equal to the following: 31 (1) For a certified technology park to which subsection (c) 32 applies, the lesser of: 33 (A) the income tax incremental amount as defined in section 34 8.5(2) of this chapter; or 35 (B) two hundred fifty thousand dollars ($250,000). 36 (2) For a certified technology park to which subsection (d) 37 applies, the lesser of: 38 (A) the aggregate income tax incremental amounts as defined 39 in section 8.5(2) of this chapter attributable to each 40 redevelopment commission that has entered into a written 41 agreement for the operation of the certified technology park; 42 or HB 1615—LS 6748/DI 116 4 1 (B) two hundred fifty thousand dollars ($250,000) multiplied 2 by the number of redevelopment commissions that have 3 entered into a written agreement for the operation of the 4 certified technology park. 5 (3) The following apply to deposits under this subsection: 6 (A) If a certified technology park reached its limit on deposits 7 based on a state fiscal year ending before July 1, 2020, the 8 certified technology park shall receive deposits based on the 9 income tax incremental amount as defined in section 8.5(2) of 10 this chapter for each state fiscal year ending after June 30, 11 2019. 12 (B) If a certified technology park reached its limit on deposits 13 based on a state fiscal year ending after June 30, 2020, the 14 certified technology park shall receive deposits based on the 15 income tax incremental amount as defined in section 8.5(2) of 16 this chapter for the state fiscal year in which it reached its limit 17 on deposits under subsection (c) or (d) and each state fiscal 18 year thereafter. 19 (C) If a certified technology park is permitted to receive 20 deposits under this subsection during the state fiscal year in 21 which it reached its limit on deposits under subsection (c) or 22 (d), the income tax incremental amount for purposes of 23 subdivision (1)(A) or (1)(B) for that state fiscal year shall be 24 reduced by an amount equal to: 25 (i) the deposit amount for the state fiscal year under 26 subsection (b) required to reach the limit on deposits under 27 subsection (c) or (d); minus 28 (ii) the gross retail incremental amount determined under 29 section 6.5 of this chapter; 30 but not less than zero (0). 31 (f) This subsection applies to a certified technology park that is 32 located within a qualified military base enhancement area under 33 IC 36-7-34. If a certified technology park has reached the limit on 34 deposits under subsection (e) and maintains its certification under 35 section 11(c) of this chapter, the certified technology park shall 36 become a Level 3 certified technology park and an additional 37 annual deposit amount shall be deposited in the incremental tax 38 financing fund for the certified technology park equal to the lesser 39 of: 40 (1) the aggregate income tax incremental amounts as defined 41 in section 8.5(2) of this chapter attributable to each 42 redevelopment commission that has entered into a written HB 1615—LS 6748/DI 116 5 1 agreement for the operation of the certified technology park; 2 or 3 (2) two hundred fifty thousand dollars ($250,000) multiplied 4 by the number of redevelopment commissions that have 5 entered into a written agreement for the operation of the 6 certified technology park. 7 (f) (g) This subsection applies to a Level 2 or Level 3 certified 8 technology park designated in subsection (e) or (f). When the Indiana 9 economic development corporation recertifies a certified technology 10 park as required under section 11 of this chapter, the corporation shall 11 make a determination of whether the certified technology park shall 12 continue to be designated as a Level 2 or Level 3 certified technology 13 park. 14 (g) (h) On or before the twentieth day of each month, all amounts 15 held in the incremental tax financing fund established for a certified 16 technology park shall be distributed to the redevelopment commission 17 for deposit in the certified technology park fund established under 18 section 23 of this chapter. HB 1615—LS 6748/DI 116 6 COMMITTEE REPORT Mr. Speaker: Your Committee on Veterans Affairs and Public Safety, to which was referred House Bill 1615, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill do pass. (Reference is to HB 1615 as introduced.) BARTELS Committee Vote: Yeas 11, Nays 0 _____ COMMITTEE REPORT Mr. Speaker: Your Committee on Ways and Means, to which was referred House Bill 1615, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows: Delete the title and insert the following: A BILL FOR AN ACT to amend the Indiana Code concerning local government. Page 1, delete lines 1 through 17. Delete pages 2 through 3. Page 4, delete lines 1 through 40. Page 8, line 18, delete "five hundred thousand dollars ($500,000)" and insert "two hundred fifty thousand dollars ($250,000)". Page 8, delete lines 34 through 42. Delete page 9. Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to HB 1615 as printed January 27, 2025.) THOMPSON Committee Vote: yeas 19, nays 0. HB 1615—LS 6748/DI 116