1 | 1 | | |
---|
2 | 2 | | Introduced Version |
---|
3 | 3 | | SENATE BILL No. 494 |
---|
4 | 4 | | _____ |
---|
5 | 5 | | DIGEST OF INTRODUCED BILL |
---|
6 | 6 | | Citations Affected: IC 36-7-32.5. |
---|
7 | 7 | | Synopsis: State and local tax capture areas. Amends provisions |
---|
8 | 8 | | concerning the designation of an innovation development district to |
---|
9 | 9 | | add certain qualification requirements (grandfathers in those districts |
---|
10 | 10 | | established under current law). Requires the Indiana economic |
---|
11 | 11 | | development corporation to establish a maximum sales tax increment |
---|
12 | 12 | | amount and state income tax increment amount that may be allocated |
---|
13 | 13 | | for each innovation development district, which may not exceed a |
---|
14 | 14 | | specified amount per state fiscal year. Adds related procedural |
---|
15 | 15 | | provisions. Makes conforming changes. |
---|
16 | 16 | | Effective: July 1, 2022 (retroactive); January 1, 2025 (retroactive). |
---|
17 | 17 | | Mishler |
---|
18 | 18 | | January 14, 2025, read first time and referred to Committee on Appropriations. |
---|
19 | 19 | | 2025 IN 494—LS 7506/DI 120 Introduced |
---|
20 | 20 | | First Regular Session of the 124th General Assembly (2025) |
---|
21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
---|
22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
---|
23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
---|
24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
---|
25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
---|
26 | 26 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
---|
27 | 27 | | a new provision to the Indiana Code or the Indiana Constitution. |
---|
28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
---|
29 | 29 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
---|
30 | 30 | | SENATE BILL No. 494 |
---|
31 | 31 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
---|
32 | 32 | | taxation. |
---|
33 | 33 | | Be it enacted by the General Assembly of the State of Indiana: |
---|
34 | 34 | | 1 SECTION 1. IC 36-7-32.5-0.5 IS ADDED TO THE INDIANA |
---|
35 | 35 | | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
36 | 36 | | 3 [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 0.5. The |
---|
37 | 37 | | 4 amendments made to sections 9 and 12 of this chapter in the 2025 |
---|
38 | 38 | | 5 session of the general assembly apply only to innovation |
---|
39 | 39 | | 6 development districts established after December 31, 2024. |
---|
40 | 40 | | 7 SECTION 2. IC 36-7-32.5-9, AS AMENDED BY P.L.123-2024, |
---|
41 | 41 | | 8 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
42 | 42 | | 9 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 9. (a) Before the |
---|
43 | 43 | | 10 corporation may designate territory within the jurisdiction of a city, |
---|
44 | 44 | | 11 town, or county, or within the jurisdiction of more than one (1) city, |
---|
45 | 45 | | 12 town, or county, as an innovation development district under this |
---|
46 | 46 | | 13 section, the board of the corporation established under IC 5-28-4 shall |
---|
47 | 47 | | 14 establish uniform policies and guidelines that the corporation must |
---|
48 | 48 | | 15 follow when notifying and collaborating with an executive, or, if |
---|
49 | 49 | | 16 applicable, executives, to designate territory within the jurisdiction of |
---|
50 | 50 | | 17 a city, town, or county as an innovation development district under this |
---|
51 | 51 | | 2025 IN 494—LS 7506/DI 120 2 |
---|
52 | 52 | | 1 section. The corporation shall publish the uniform policies and |
---|
53 | 53 | | 2 procedures established under this subsection on the corporation's |
---|
54 | 54 | | 3 website. |
---|
55 | 55 | | 4 (b) Subject to subsection (c), and section 12(a) of this chapter, after: |
---|
56 | 56 | | 5 (1) budget committee review; and |
---|
57 | 57 | | 6 (2) notifying and collaborating with the executive, or, if an |
---|
58 | 58 | | 7 innovation development district will include territory within the |
---|
59 | 59 | | 8 jurisdiction of more than one (1) city, town, or county, with the |
---|
60 | 60 | | 9 executives of each city, town, or county, in the manner provided |
---|
61 | 61 | | 10 under the policies and guidelines established under subsection |
---|
62 | 62 | | 11 (a); |
---|
63 | 63 | | 12 the corporation may designate only a territory that meets the |
---|
64 | 64 | | 13 qualifications set forth in subsection (e), within the jurisdiction of a |
---|
65 | 65 | | 14 city, town, or county, or territory within the jurisdiction of more than |
---|
66 | 66 | | 15 one (1) city, town, or county, as an innovation development district if |
---|
67 | 67 | | 16 the corporation determines that the designation will support economic |
---|
68 | 68 | | 17 growth. |
---|
69 | 69 | | 18 (c) Notwithstanding section 10(b) of this chapter, but subject to |
---|
70 | 70 | | 19 section 12(c) of this chapter, the corporation may designate territory |
---|
71 | 71 | | 20 that is located in an existing allocation area described in section 10(b) |
---|
72 | 72 | | 21 of this chapter as an innovation development district after: |
---|
73 | 73 | | 22 (1) budget committee review; and |
---|
74 | 74 | | 23 (2) obtaining consent from the executive, executives, or the board |
---|
75 | 75 | | 24 of any military base reuse authority, in the manner provided under |
---|
76 | 76 | | 25 the policies and guidelines established under subsection (a). |
---|
77 | 77 | | 26 (d) The requirements in subsection (c) apply to all innovation |
---|
78 | 78 | | 27 development districts established under this chapter regardless of the |
---|
79 | 79 | | 28 total costs and benefits of the proposed investment of an innovation |
---|
80 | 80 | | 29 development district. |
---|
81 | 81 | | 30 (e) The following conditions for designation of a territory must |
---|
82 | 82 | | 31 be met as determined by the corporation and reviewed by the |
---|
83 | 83 | | 32 budget committee: |
---|
84 | 84 | | 33 (1) A determination of support by an Indiana institution of |
---|
85 | 85 | | 34 higher education (as defined in IC 5-28-40-2) that is a member |
---|
86 | 86 | | 35 of the American Association of Universities through an |
---|
87 | 87 | | 36 investment of nonstate funds in an amount equal to or greater |
---|
88 | 88 | | 37 than twenty-five million dollars ($25,000,000) to the |
---|
89 | 89 | | 38 innovation development district. This investment shall be |
---|
90 | 90 | | 39 confirmed in writing by the corporation. |
---|
91 | 91 | | 40 (2) A territory must include a total investment plan of an |
---|
92 | 92 | | 41 amount equal to or greater than seven hundred fifty million |
---|
93 | 93 | | 42 dollars ($750,000,000). |
---|
94 | 94 | | 2025 IN 494—LS 7506/DI 120 3 |
---|
95 | 95 | | 1 SECTION 3. IC 36-7-32.5-12, AS AMENDED BY P.L.123-2024, |
---|
96 | 96 | | 2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
97 | 97 | | 3 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 12. (a) If the total costs |
---|
98 | 98 | | 4 and benefits of the proposed investment of an innovation development |
---|
99 | 99 | | 5 district are expected to be an amount less than two billion dollars |
---|
100 | 100 | | 6 ($2,000,000,000), the This section applies only to an innovation |
---|
101 | 101 | | 7 development district that meets the qualifications set forth in |
---|
102 | 102 | | 8 section 9(e) of this chapter. The following apply: |
---|
103 | 103 | | 9 (1) The executive, or, if applicable, the executives, and the |
---|
104 | 104 | | 10 corporation shall enter into an agreement establishing the terms |
---|
105 | 105 | | 11 and conditions governing the innovation development district in |
---|
106 | 106 | | 12 accordance with this section. |
---|
107 | 107 | | 13 (2) If the executive, or, if applicable, the executives, and the |
---|
108 | 108 | | 14 corporation cannot enter into an agreement under subdivision (1), |
---|
109 | 109 | | 15 the designation of territory under section 9 of this chapter is no |
---|
110 | 110 | | 16 longer effective and the innovation development district may not |
---|
111 | 111 | | 17 be designated or otherwise established under this chapter. |
---|
112 | 112 | | 18 (b) The agreement must include the following provisions: |
---|
113 | 113 | | 19 (1) A description of the area, including a list of all parcels to be |
---|
114 | 114 | | 20 included within the innovation development district. |
---|
115 | 115 | | 21 (2) Covenants and restrictions, if any, upon all or a part of the |
---|
116 | 116 | | 22 properties contained within the innovation development district |
---|
117 | 117 | | 23 and terms of enforcement of any covenants or restrictions. |
---|
118 | 118 | | 24 (3) The due diligence and financial commitments of any party to |
---|
119 | 119 | | 25 the agreement and of any owner or developer of property within |
---|
120 | 120 | | 26 the innovation development district. |
---|
121 | 121 | | 27 (4) The financial projections of the innovation development |
---|
122 | 122 | | 28 district. |
---|
123 | 123 | | 29 (5) The proposed use of the: |
---|
124 | 124 | | 30 (A) net increment; and |
---|
125 | 125 | | 31 (B) incremental property tax amount described in section 14(c) |
---|
126 | 126 | | 32 14(d) of this chapter; |
---|
127 | 127 | | 33 that is captured within the innovation development district. |
---|
128 | 128 | | 34 (6) The aggregate percentage of annual incremental property tax |
---|
129 | 129 | | 35 revenue that will be transferred to the city, town, county, or school |
---|
130 | 130 | | 36 corporation, or, if applicable, the cities, towns, counties, or school |
---|
131 | 131 | | 37 corporations, under section 19(e) of this chapter. The aggregate |
---|
132 | 132 | | 38 percentage transferred may not be less than twelve percent (12%) |
---|
133 | 133 | | 39 of the annual amount of incremental property tax revenue |
---|
134 | 134 | | 40 deposited in the local innovation development district fund |
---|
135 | 135 | | 41 established by section 19 of this chapter. |
---|
136 | 136 | | 42 (7) Subject to the limitations of this chapter, the duration of the |
---|
137 | 137 | | 2025 IN 494—LS 7506/DI 120 4 |
---|
138 | 138 | | 1 designation of an area as an innovation development district. |
---|
139 | 139 | | 2 (8) The terms of enforcement of the agreement, which may |
---|
140 | 140 | | 3 include the definition of events of default, cure periods, legal and |
---|
141 | 141 | | 4 equitable remedies and rights, and penalties and damages, actual |
---|
142 | 142 | | 5 or liquidated, upon the occurrence of an event of default. |
---|
143 | 143 | | 6 (9) The public facilities to be developed for the innovation |
---|
144 | 144 | | 7 development district and the estimated costs of those public |
---|
145 | 145 | | 8 facilities. |
---|
146 | 146 | | 9 (c) If an innovation development district will include territory |
---|
147 | 147 | | 10 located in an existing allocation area described in section 10(b) of this |
---|
148 | 148 | | 11 chapter, the executive, or, if applicable, the executives, and the |
---|
149 | 149 | | 12 corporation shall enter into an agreement establishing the terms and |
---|
150 | 150 | | 13 conditions governing the innovation development district in accordance |
---|
151 | 151 | | 14 with this section. The agreement must include the following provisions: |
---|
152 | 152 | | 15 (1) The provisions listed in subsection (b)(1) through (b)(9). |
---|
153 | 153 | | 16 (2) A provision prohibiting the city, county, town, or other entity |
---|
154 | 154 | | 17 that established the applicable existing allocation area described |
---|
155 | 155 | | 18 in section 10(b) of this chapter from incurring any additional |
---|
156 | 156 | | 19 obligations that require a pledge of future incremental property |
---|
157 | 157 | | 20 tax revenue to be paid from the applicable existing allocation area |
---|
158 | 158 | | 21 described in section 10(b) of this chapter without first obtaining |
---|
159 | 159 | | 22 the consent of the corporation. |
---|
160 | 160 | | 23 (3) A provision requiring the maintenance of all applicable |
---|
161 | 161 | | 24 property tax records for the parcel or parcels located within the |
---|
162 | 162 | | 25 innovation development district during the term of the innovation |
---|
163 | 163 | | 26 development district. |
---|
164 | 164 | | 27 If the executive, or, if applicable, the executives, and the corporation |
---|
165 | 165 | | 28 cannot enter into an agreement under this subsection, the designation |
---|
166 | 166 | | 29 of territory under section 9 of this chapter is no longer effective and the |
---|
167 | 167 | | 30 innovation development district may not be designated or otherwise |
---|
168 | 168 | | 31 established under this chapter. |
---|
169 | 169 | | 32 (d) An executive may discuss the terms of an agreement described |
---|
170 | 170 | | 33 in this section and hold a meeting as an executive session under |
---|
171 | 171 | | 34 IC 5-14-1.5-6.1 with: |
---|
172 | 172 | | 35 (1) in the case of a city other than a consolidated city, the |
---|
173 | 173 | | 36 common council; |
---|
174 | 174 | | 37 (2) in the case of a consolidated city, or a county having a |
---|
175 | 175 | | 38 consolidated city, the city-county council; |
---|
176 | 176 | | 39 (3) in the case of a town, the town council; and |
---|
177 | 177 | | 40 (4) in the case of a county that does not have a consolidated city, |
---|
178 | 178 | | 41 the board of county commissioners. |
---|
179 | 179 | | 42 (e) Within fifteen (15) days of entering into an agreement under |
---|
180 | 180 | | 2025 IN 494—LS 7506/DI 120 5 |
---|
181 | 181 | | 1 subsection (a), the corporation shall: |
---|
182 | 182 | | 2 (1) submit a written report on the agreement to the budget |
---|
183 | 183 | | 3 committee; and |
---|
184 | 184 | | 4 (2) provide notification of the designation to the department |
---|
185 | 185 | | 5 of state revenue and the department of local government |
---|
186 | 186 | | 6 finance. |
---|
187 | 187 | | 7 (f) Neither an executive nor the corporation may exercise the power |
---|
188 | 188 | | 8 of eminent domain within an innovation development district. |
---|
189 | 189 | | 9 SECTION 4. IC 36-7-32.5-13, AS ADDED BY P.L.135-2022, |
---|
190 | 190 | | 10 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
191 | 191 | | 11 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 13. If an innovation |
---|
192 | 192 | | 12 development district is designated, under section 9 of this chapter or |
---|
193 | 193 | | 13 described under section 12 of this chapter, each executive shall |
---|
194 | 194 | | 14 designate the innovation development district as an allocation area for |
---|
195 | 195 | | 15 purposes of the allocation and distribution of property taxes. Each |
---|
196 | 196 | | 16 executive shall, prior to August 1 of the year following the |
---|
197 | 197 | | 17 designation, set the base assessed value of the allocation area and |
---|
198 | 198 | | 18 provide notice of the base assessed value provide notice of the |
---|
199 | 199 | | 19 designation to the department of local government finance, the |
---|
200 | 200 | | 20 county auditor, and to each taxing unit that has authority to levy |
---|
201 | 201 | | 21 property taxes in the geographic area where the innovation |
---|
202 | 202 | | 22 development district is located. The notice must state the general |
---|
203 | 203 | | 23 boundaries of the innovation development district and include a list the |
---|
204 | 204 | | 24 mailing address of all parcels to be included within the innovation |
---|
205 | 205 | | 25 development district. |
---|
206 | 206 | | 26 SECTION 5. IC 36-7-32.5-14, AS AMENDED BY P.L.123-2024, |
---|
207 | 207 | | 27 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
208 | 208 | | 28 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14. (a) An allocation area |
---|
209 | 209 | | 29 designated under section 13 of this chapter must: |
---|
210 | 210 | | 30 (1) apply to the entire innovation development district; and |
---|
211 | 211 | | 31 (2) require that any property tax assessed on taxable real and |
---|
212 | 212 | | 32 personal property used for commercial or industrial purposes |
---|
213 | 213 | | 33 subsequently levied by or for the benefit of any public body |
---|
214 | 214 | | 34 entitled to a distribution of property taxes in the innovation |
---|
215 | 215 | | 35 development district be allocated and distributed as provided in |
---|
216 | 216 | | 36 subsections (b) and (c). (d). |
---|
217 | 217 | | 37 (b) Except as otherwise provided in this section: |
---|
218 | 218 | | 38 (1) the proceeds of the taxes attributable to the lesser of: |
---|
219 | 219 | | 39 (A) the assessed value of the taxable real and personal |
---|
220 | 220 | | 40 property for the assessment date with respect to which the |
---|
221 | 221 | | 41 allocation and distribution is made; or |
---|
222 | 222 | | 42 (B) the base assessed value; |
---|
223 | 223 | | 2025 IN 494—LS 7506/DI 120 6 |
---|
224 | 224 | | 1 shall be allocated and, when collected, paid into the funds of the |
---|
225 | 225 | | 2 respective taxing units; and |
---|
226 | 226 | | 3 (2) the excess of the proceeds of the property taxes imposed for |
---|
227 | 227 | | 4 the assessment date with respect to which the allocation and |
---|
228 | 228 | | 5 distribution is made that are attributable to taxes imposed after |
---|
229 | 229 | | 6 being approved by the voters in a referendum or local public |
---|
230 | 230 | | 7 question conducted after April 30, 2010, not otherwise included |
---|
231 | 231 | | 8 in subdivision (1) shall be allocated to and, when collected, paid |
---|
232 | 232 | | 9 into the funds of the taxing unit for which the referendum or local |
---|
233 | 233 | | 10 public question was conducted. |
---|
234 | 234 | | 11 (c) Property tax proceeds shall not be allocated under this |
---|
235 | 235 | | 12 section before January 1 of the year following the year the base |
---|
236 | 236 | | 13 assessed value is determined under section 13 of this chapter. |
---|
237 | 237 | | 14 (c) (d) Except as provided in subsections (d) (e) and (e), (f), all the |
---|
238 | 238 | | 15 property tax proceeds that: |
---|
239 | 239 | | 16 (1) exceed those described in subsection (b); and |
---|
240 | 240 | | 17 (2) are attributable to the assessed value of taxable real and |
---|
241 | 241 | | 18 personal property used for commercial or industrial purposes; |
---|
242 | 242 | | 19 shall be paid into the appropriate local innovation development district |
---|
243 | 243 | | 20 fund established by section 19 of this chapter by the county auditor at |
---|
244 | 244 | | 21 the same time that the county auditor distributes property taxes to other |
---|
245 | 245 | | 22 local units of government under IC 6-1.1-27. Any remaining property |
---|
246 | 246 | | 23 tax proceeds that exceed those described in subsection (b) that are not |
---|
247 | 247 | | 24 described in subdivision (2) shall be allocated and, when collected, |
---|
248 | 248 | | 25 paid into the funds of the respective taxing units. |
---|
249 | 249 | | 26 (d) (e) Notwithstanding any provision to the contrary in this section, |
---|
250 | 250 | | 27 if an innovation development district that is designated as an allocation |
---|
251 | 251 | | 28 area under section 13 of this chapter includes territory located in an |
---|
252 | 252 | | 29 existing allocation area described in section 10(b) of this chapter, the |
---|
253 | 253 | | 30 county auditor shall continue to allocate to the existing allocation area |
---|
254 | 254 | | 31 described in section 10(b) of this chapter any incremental property tax |
---|
255 | 255 | | 32 revenues that would otherwise be allocated to the existing allocation |
---|
256 | 256 | | 33 area described in section 10(b) of this chapter as if the innovation |
---|
257 | 257 | | 34 development district had not been designated under this chapter, until |
---|
258 | 258 | | 35 the existing allocation area described in section 10(b) of this chapter |
---|
259 | 259 | | 36 expires. |
---|
260 | 260 | | 37 (e) (f) Notwithstanding any other law, each assessor shall, upon |
---|
261 | 261 | | 38 petition of an executive or the corporation, reassess the taxable real and |
---|
262 | 262 | | 39 personal property situated upon or in, or added to, the innovation |
---|
263 | 263 | | 40 development district effective on the next assessment date after the |
---|
264 | 264 | | 41 petition. |
---|
265 | 265 | | 42 (f) (g) Notwithstanding any other law, the assessed value of all |
---|
266 | 266 | | 2025 IN 494—LS 7506/DI 120 7 |
---|
267 | 267 | | 1 taxable real and personal property in the innovation development |
---|
268 | 268 | | 2 district, for purposes of tax limitation, property tax replacement, and |
---|
269 | 269 | | 3 formulation of the budget, tax rate, and tax levy for each political |
---|
270 | 270 | | 4 subdivision in which the property is located is the lesser of: |
---|
271 | 271 | | 5 (1) the assessed value of the taxable real and personal property as |
---|
272 | 272 | | 6 valued without regard to this section; or |
---|
273 | 273 | | 7 (2) the base assessed value. |
---|
274 | 274 | | 8 SECTION 6. IC 36-7-32.5-17, AS AMENDED BY P.L.201-2023, |
---|
275 | 275 | | 9 SECTION 277, IS AMENDED TO READ AS FOLLOWS |
---|
276 | 276 | | 10 [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]: Sec. 17. (a) If |
---|
277 | 277 | | 11 an innovation development district is designated under section 9 of this |
---|
278 | 278 | | 12 chapter, the corporation shall send to the department of state revenue, |
---|
279 | 279 | | 13 prior to August 1 of the calendar year following the designation |
---|
280 | 280 | | 14 date: |
---|
281 | 281 | | 15 (1) a certified copy of the designation of the innovation |
---|
282 | 282 | | 16 development district under section 9 of this chapter, including |
---|
283 | 283 | | 17 the date of designation; |
---|
284 | 284 | | 18 (2) if an agreement is entered into under section 12 of this |
---|
285 | 285 | | 19 chapter, a certified copy of the agreement; and |
---|
286 | 286 | | 20 (3) a complete list of the employers and businesses that are paying |
---|
287 | 287 | | 21 for the services of individuals who are not employees in the |
---|
288 | 288 | | 22 innovation development district and the street names and the |
---|
289 | 289 | | 23 range of street numbers of each mailing address on each street |
---|
290 | 290 | | 24 in the innovation development district. The corporation shall |
---|
291 | 291 | | 25 provide, within ten (10) days of a request, any follow up |
---|
292 | 292 | | 26 information requested by the department of state revenue. |
---|
293 | 293 | | 27 (b) The corporation shall update and send to the department of |
---|
294 | 294 | | 28 state revenue the list provided under subdivision (3) subsection (a)(3) |
---|
295 | 295 | | 29 before July 1 of each year. |
---|
296 | 296 | | 30 (b) Not later than sixty (60) days after receiving a copy of the |
---|
297 | 297 | | 31 designation of the innovation development district, the department of |
---|
298 | 298 | | 32 state revenue shall determine the gross retail base period amount and |
---|
299 | 299 | | 33 the income tax base period amount. |
---|
300 | 300 | | 34 SECTION 7. IC 36-7-32.5-18, AS ADDED BY P.L.135-2022, |
---|
301 | 301 | | 35 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
302 | 302 | | 36 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 18. (a) The department |
---|
303 | 303 | | 37 of state revenue shall set the gross retail base period amount and |
---|
304 | 304 | | 38 the income tax base period amount prior to October 1 of the |
---|
305 | 305 | | 39 calendar year following the designation date of an innovation |
---|
306 | 306 | | 40 development district. The department of state revenue is entitled |
---|
307 | 307 | | 41 to request and receive, within ten (10) days following the request, |
---|
308 | 308 | | 42 any information necessary from the corporation and executive, or |
---|
309 | 309 | | 2025 IN 494—LS 7506/DI 120 8 |
---|
310 | 310 | | 1 executives, in order to determine the gross retail base period |
---|
311 | 311 | | 2 amount and the income tax base period amount. |
---|
312 | 312 | | 3 (b) Revenue collected under the adjusted gross income tax and |
---|
313 | 313 | | 4 gross retail tax shall not be allocated under this section before |
---|
314 | 314 | | 5 January 1 of the year following the year the base period amounts |
---|
315 | 315 | | 6 are determined under subsection (a). |
---|
316 | 316 | | 7 (a) (c) Before the first business day in October of each year, the |
---|
317 | 317 | | 8 department of state revenue shall calculate the income tax incremental |
---|
318 | 318 | | 9 amount and the gross retail incremental amount for the preceding state |
---|
319 | 319 | | 10 fiscal year for each innovation development district designated under |
---|
320 | 320 | | 11 this chapter. |
---|
321 | 321 | | 12 (b) (d) Taxpayers operating in an innovation development district |
---|
322 | 322 | | 13 shall report annually, in the manner and form prescribed by the |
---|
323 | 323 | | 14 department of state revenue, information that the department of state |
---|
324 | 324 | | 15 revenue determines necessary to calculate the net increment. |
---|
325 | 325 | | 16 (c) (e) A taxpayer operating in an innovation development district |
---|
326 | 326 | | 17 that files a consolidated tax return with the department of state revenue |
---|
327 | 327 | | 18 shall also file annually an informational return with the department of |
---|
328 | 328 | | 19 state revenue for each business location of the taxpayer within the |
---|
329 | 329 | | 20 innovation development district. |
---|
330 | 330 | | 21 (d) (f) If a taxpayer fails to report the information required by this |
---|
331 | 331 | | 22 section or file an informational return required by this section, the |
---|
332 | 332 | | 23 department of state revenue shall use the best information available in |
---|
333 | 333 | | 24 calculating the income tax incremental amount and gross retail |
---|
334 | 334 | | 25 incremental amount. |
---|
335 | 335 | | 26 (e) (g) The department of state revenue shall transfer the amount |
---|
336 | 336 | | 27 calculated as provided in subsection (a) (c) to the applicable local |
---|
337 | 337 | | 28 innovation development district fund established for the innovation |
---|
338 | 338 | | 29 development district under section 19 of this chapter by November 1 |
---|
339 | 339 | | 30 of each year. |
---|
340 | 340 | | 31 SECTION 8. IC 36-7-32.5-18.5 IS ADDED TO THE INDIANA |
---|
341 | 341 | | 32 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
342 | 342 | | 33 [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: Sec. 18.5. (a) Upon |
---|
343 | 343 | | 34 designation of an innovation development district, the corporation |
---|
344 | 344 | | 35 shall establish a maximum annual incremental amount of gross |
---|
345 | 345 | | 36 retail tax and adjusted gross income tax that may be allocated for |
---|
346 | 346 | | 37 each innovation development district, not to exceed the lesser of: |
---|
347 | 347 | | 38 (1) ten percent (10%) of the total cost and benefits of the |
---|
348 | 348 | | 39 proposed investment; or |
---|
349 | 349 | | 40 (2) fifteen million dollars ($15,000,000); |
---|
350 | 350 | | 41 per state fiscal year. |
---|
351 | 351 | | 42 (b) The corporation shall report the maximum allocation |
---|
352 | 352 | | 2025 IN 494—LS 7506/DI 120 9 |
---|
353 | 353 | | 1 amount determined under subsection (a) for each innovation |
---|
354 | 354 | | 2 development district to the budget committee within thirty (30) |
---|
355 | 355 | | 3 days of the determination. |
---|
356 | 356 | | 4 (c) Each state fiscal year, the combined allocated amounts of |
---|
357 | 357 | | 5 the: |
---|
358 | 358 | | 6 (1) income tax incremental amount; and |
---|
359 | 359 | | 7 (2) gross retail incremental amount; |
---|
360 | 360 | | 8 shall not exceed the maximum amount determined under |
---|
361 | 361 | | 9 subsection (a). |
---|
362 | 362 | | 10 SECTION 9. IC 36-7-32.5-19, AS ADDED BY P.L.135-2022, |
---|
363 | 363 | | 11 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
364 | 364 | | 12 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 19. (a) The corporation |
---|
365 | 365 | | 13 shall establish a local innovation development district fund for each |
---|
366 | 366 | | 14 innovation development district designated under section 9 of this |
---|
367 | 367 | | 15 chapter. |
---|
368 | 368 | | 16 (b) Each fund consists of: |
---|
369 | 369 | | 17 (1) deposits of incremental property tax revenue from the county |
---|
370 | 370 | | 18 auditor as provided in section 14(c) 14(d) of this chapter; and |
---|
371 | 371 | | 19 (2) transfers from the department of state revenue under section |
---|
372 | 372 | | 20 18 of this chapter. |
---|
373 | 373 | | 21 (c) The corporation shall administer each local innovation |
---|
374 | 374 | | 22 development district fund established under this section. The expenses |
---|
375 | 375 | | 23 of administering each fund shall be paid from money in that fund. |
---|
376 | 376 | | 24 (d) The corporation may use money in each fund as follows: |
---|
377 | 377 | | 25 (1) If an agreement described in section 12 of this chapter has |
---|
378 | 378 | | 26 been entered into between the corporation and the executive, or, |
---|
379 | 379 | | 27 if applicable, the executives, for any purpose authorized in the |
---|
380 | 380 | | 28 agreement. |
---|
381 | 381 | | 29 (2) If an agreement described in section 12 of this chapter has not |
---|
382 | 382 | | 30 been entered into between the corporation and the executive, or, |
---|
383 | 383 | | 31 if applicable, the executives, for the following purposes: |
---|
384 | 384 | | 32 (A) The acquisition, improvement, preparation, demolition, |
---|
385 | 385 | | 33 disposal, construction, reconstruction, remediation, |
---|
386 | 386 | | 34 rehabilitation, restoration, preservation, maintenance, repair, |
---|
387 | 387 | | 35 furnishing, and equipping of public facilities, including but not |
---|
388 | 388 | | 36 limited to utilities and transportation infrastructure. |
---|
389 | 389 | | 37 (B) The operation of public facilities. |
---|
390 | 390 | | 38 (C) The acquisition of land within the innovation development |
---|
391 | 391 | | 39 district. |
---|
392 | 392 | | 40 (D) The recruitment of new businesses and new employees to |
---|
393 | 393 | | 41 the innovation development district. |
---|
394 | 394 | | 42 (E) The training of individuals employed in the innovation |
---|
395 | 395 | | 2025 IN 494—LS 7506/DI 120 10 |
---|
396 | 396 | | 1 development district. |
---|
397 | 397 | | 2 (e) Not later than August 1 of each year, the corporation shall |
---|
398 | 398 | | 3 transfer, |
---|
399 | 399 | | 4 (1) if an agreement described in section 12 of this chapter has |
---|
400 | 400 | | 5 been entered into between the corporation and the executive, or |
---|
401 | 401 | | 6 if applicable, the executives, the amount of incremental property |
---|
402 | 402 | | 7 tax revenues determined in the agreement, and which may not be |
---|
403 | 403 | | 8 less than twelve percent (12%) of the annual amount of |
---|
404 | 404 | | 9 incremental property tax revenues, |
---|
405 | 405 | | 10 (2) if an agreement described in section 12 of this chapter has not |
---|
406 | 406 | | 11 been entered into between the corporation and the executive, or |
---|
407 | 407 | | 12 if applicable, the executives, an amount of incremental property |
---|
408 | 408 | | 13 tax revenues that may not be less than twelve percent (12%) of |
---|
409 | 409 | | 14 the annual amount of incremental property tax revenue deposited |
---|
410 | 410 | | 15 under subsection (b)(1); |
---|
411 | 411 | | 16 to the general fund of each city, town, county, or school corporation |
---|
412 | 412 | | 17 with territory located within the innovation development district. If the |
---|
413 | 413 | | 18 corporation is required to transfer funds to more than one (1) city, |
---|
414 | 414 | | 19 town, county, or school corporation under this subsection, the amount |
---|
415 | 415 | | 20 transferred to each city, town, county, and school corporation must be |
---|
416 | 416 | | 21 allocated among each city, town, county, and school corporation |
---|
417 | 417 | | 22 proportionately based on each city's, town's, county's, and school |
---|
418 | 418 | | 23 corporation's property tax levy applied to property located within the |
---|
419 | 419 | | 24 innovation development district. A transfer under this subsection does |
---|
420 | 420 | | 25 not reduce the actual or maximum permissible levy of a city, town, |
---|
421 | 421 | | 26 county, or school corporation and may not be considered in |
---|
422 | 422 | | 27 determining a city's, town's, county's, or school corporation's maximum |
---|
423 | 423 | | 28 permissible ad valorem property tax levy limit under IC 6-1.1-18.5. |
---|
424 | 424 | | 29 (f) Each state fiscal year, the corporation may, after making the |
---|
425 | 425 | | 30 transfer required under subsection (e) and satisfying all debt service |
---|
426 | 426 | | 31 obligations due and payable during the state fiscal year for bonds |
---|
427 | 427 | | 32 issued under IC 5-1.2-4-4(a)(2), transfer from each local innovation |
---|
428 | 428 | | 33 development district fund to the statewide innovation development |
---|
429 | 429 | | 34 district fund established by section 20 of this chapter an amount not to |
---|
430 | 430 | | 35 exceed one hundred percent (100%) of the net incremental revenue |
---|
431 | 431 | | 36 derived from state income taxes and gross retail taxes deposited into |
---|
432 | 432 | | 37 each fund during the immediately preceding state fiscal year. |
---|
433 | 433 | | 38 (g) Money in each local innovation development district fund at the |
---|
434 | 434 | | 39 end of a state fiscal year does not revert to the state general fund. |
---|
435 | 435 | | 40 (h) Money in each local innovation development district fund is |
---|
436 | 436 | | 41 continuously appropriated for the purposes specified in this section. |
---|
437 | 437 | | 42 SECTION 10. IC 36-7-32.5-21 IS REPEALED [EFFECTIVE |
---|
438 | 438 | | 2025 IN 494—LS 7506/DI 120 11 |
---|
439 | 439 | | 1 JANUARY 1, 2025 (RETROACTIVE)]. Sec. 21. (a) Except as |
---|
440 | 440 | | 2 provided in subsection (b), money in the statewide innovation |
---|
441 | 441 | | 3 development district fund established by section 20 of this chapter at |
---|
442 | 442 | | 4 the end of the state fiscal year does not revert to the state general fund. |
---|
443 | 443 | | 5 (b) Notwithstanding subsection (a), if the unobligated balance of the |
---|
444 | 444 | | 6 statewide innovation development district fund established by section |
---|
445 | 445 | | 7 20 of this chapter exceeds five hundred million dollars ($500,000,000) |
---|
446 | 446 | | 8 at the close of any state fiscal year, the amount of funds in excess of |
---|
447 | 447 | | 9 five hundred million dollars ($500,000,000) shall be transferred to the |
---|
448 | 448 | | 10 state general fund. |
---|
449 | 449 | | 11 (c) Money in the fund is continuously appropriated for the purposes |
---|
450 | 450 | | 12 of this chapter. |
---|
451 | 451 | | 13 SECTION 11. An emergency is declared for this act. |
---|
452 | 452 | | 2025 IN 494—LS 7506/DI 120 |
---|