Old | New | Differences | |
---|---|---|---|
1 | + | *ES0516.1* | |
2 | + | March 27, 2025 | |
3 | + | ENGROSSED | |
4 | + | SENATE BILL No. 516 | |
5 | + | _____ | |
6 | + | DIGEST OF SB 516 (Updated March 26, 2025 5:05 pm - DI 134) | |
7 | + | Citations Affected: IC 4-3; IC 5-28; IC 6-1.1; IC 36-7; IC 36-7.7. | |
8 | + | Synopsis: Economic development. Establishes the office of | |
9 | + | entrepreneurship and innovation (office). Specifies the duties of the | |
10 | + | office. Transfers oversight responsibilities of certified technology parks | |
11 | + | from the Indiana economic development corporation (IEDC) to the | |
12 | + | office. Provides for the submission of an annual report of the activities | |
13 | + | of an innovation development district as to financial information | |
14 | + | pertaining to tax increment financing districts in an innovation | |
15 | + | development district to the: (1) fiscal body of the county, city, or town; | |
16 | + | and (2) department of local government finance. Provides that before | |
17 | + | the IEDC may purchase land in a county that in total exceeds 100 acres | |
18 | + | whether acquired in one transaction or a series of transactions, the | |
19 | + | IEDC must first give notice, in writing, to the board of county | |
20 | + | commissioners of the county in which the land is located (and to the | |
21 | + | mayor of a city if the land is located within a city) not later than 30 | |
22 | + | days before the closing date for the purchase or purchases. Requires the | |
23 | + | (Continued next page) | |
24 | + | Effective: Upon passage; July 1, 2025. | |
25 | + | Buchanan, Raatz, Ford J.D., | |
26 | + | Randolph Lonnie M | |
27 | + | (HOUSE SPONSORS — LOPEZ, TESHKA, O'BRIEN) | |
28 | + | January 16, 2025, read first time and referred to Committee on Commerce and Technology. | |
29 | + | February 6, 2025, amended, reported favorably — Do Pass; reassigned to Committee on | |
30 | + | Appropriations. | |
31 | + | February 13, 2025, amended, reported favorably — Do Pass. | |
32 | + | February 17, 2025, read second time, amended, ordered engrossed. | |
33 | + | February 18, 2025, engrossed. | |
34 | + | February 20, 2025, read third time, passed. Yeas 49, nays 0. | |
35 | + | HOUSE ACTION | |
36 | + | March 3, 2025, read first time and referred to Committee on Ways and Means. | |
37 | + | March 27, 2025, amended, reported — Do Pass. | |
38 | + | ES 516—LS 7310/DI 120 Digest Continued | |
39 | + | IEDC to provide to the budget committee a copy of the notice being | |
40 | + | provided to the local unit in which certain land is being purchased. | |
41 | + | Provides that if the IEDC extends an offer to one or more voting or | |
42 | + | nonvoting members of the budget committee to tour a potential | |
43 | + | economic development site that may receive state assistance in | |
44 | + | undertaking the project, the IEDC shall simultaneously extend the same | |
45 | + | offer to all voting and nonvoting members of the budget committee. | |
46 | + | Requires the governor to appoint the president of the IEDC, who shall | |
47 | + | serve at the pleasure of the governor and report to the secretary of | |
48 | + | commerce. (Under current law, the secretary of commerce is the | |
49 | + | president of the IEDC.) Repeals the statute that expires the central | |
50 | + | Indiana regional development authority. | |
51 | + | ES 516—LS 7310/DI 120ES 516—LS 7310/DI 120 March 27, 2025 | |
1 | 52 | First Regular Session of the 124th General Assembly (2025) | |
2 | 53 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
3 | 54 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
4 | 55 | additions will appear in this style type, and deletions will appear in this style type. | |
5 | 56 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
6 | 57 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
7 | 58 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
8 | 59 | a new provision to the Indiana Code or the Indiana Constitution. | |
9 | 60 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
10 | 61 | between statutes enacted by the 2024 Regular Session of the General Assembly. | |
11 | - | SENATE ENROLLED ACT No. 516 | |
12 | - | AN ACT to amend the Indiana Code concerning state and local | |
13 | - | administration. | |
62 | + | ENGROSSED | |
63 | + | SENATE BILL No. 516 | |
64 | + | A BILL FOR AN ACT to amend the Indiana Code concerning state | |
65 | + | and local administration. | |
14 | 66 | Be it enacted by the General Assembly of the State of Indiana: | |
15 | - | SECTION 1. IC 4-3-28.1 IS ADDED TO THE INDIANA CODE | |
67 | + | 1 SECTION 1. IC 4-3-28.1 IS ADDED TO THE INDIANA CODE | |
68 | + | 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
69 | + | 3 JULY 1, 2025]: | |
70 | + | 4 Chapter 28.1. Office of Entrepreneurship and Innovation | |
71 | + | 5 Sec. 1. As used in this chapter, "director" refers to the director | |
72 | + | 6 of the office of entrepreneurship and innovation appointed under | |
73 | + | 7 section 4 of this chapter. | |
74 | + | 8 Sec. 2. As used in this chapter, "office" refers to the office of | |
75 | + | 9 entrepreneurship and innovation established by section 3 of this | |
76 | + | 10 chapter. | |
77 | + | 11 Sec. 3. The office of entrepreneurship and innovation is | |
78 | + | 12 established. | |
79 | + | 13 Sec. 4. (a) The governor shall appoint an individual to be the | |
80 | + | 14 director of the office of entrepreneurship and innovation. | |
81 | + | 15 (b) The director: | |
82 | + | ES 516—LS 7310/DI 120 2 | |
83 | + | 1 (1) serves at the governor's pleasure; | |
84 | + | 2 (2) is entitled to receive compensation in an amount set by the | |
85 | + | 3 governor subject to the approval of the budget agency under | |
86 | + | 4 IC 4-12-1-13; and | |
87 | + | 5 (3) is responsible to the secretary of commerce. | |
88 | + | 6 (c) The director may appoint employees in the manner provided | |
89 | + | 7 by IC 4-15-2.2 and fix their compensation, subject to the approval | |
90 | + | 8 of the budget agency under IC 4-12-1-13. | |
91 | + | 9 (d) The director may delegate the director's authority to the | |
92 | + | 10 appropriate office staff. | |
93 | + | 11 Sec. 5. The office shall do the following: | |
94 | + | 12 (1) Develop and administer programs to support the growth | |
95 | + | 13 of small business, entrepreneurship, and innovation in | |
96 | + | 14 Indiana. | |
97 | + | 15 (2) Direct and oversee programs and sources of funding | |
98 | + | 16 related to the growth of small business, entrepreneurship, | |
99 | + | 17 technology, and innovation in Indiana. | |
100 | + | 18 (3) Work to strengthen policies and programs supporting the | |
101 | + | 19 growth of entrepreneurship in Indiana. | |
102 | + | 20 (4) Coordinate with state agencies and other state funded | |
103 | + | 21 entities to align services and programs related to | |
104 | + | 22 entrepreneurship and starting and scaling a business. | |
105 | + | 23 (5) Work with funded entities on identifying strategies and | |
106 | + | 24 metrics around the disbursement of funds to measure funds | |
107 | + | 25 reaching rural communities and other underrepresented | |
108 | + | 26 socioeconomic communities. | |
109 | + | 27 (6) Work with stakeholders and organizations supporting | |
110 | + | 28 entrepreneurship to enhance learning and skills, provide | |
111 | + | 29 technical support, and expand access to resources for | |
112 | + | 30 entrepreneurs across Indiana. | |
113 | + | 31 (7) Develop and administer programs to support and | |
114 | + | 32 encourage youth entrepreneurship, including supporting | |
115 | + | 33 students and teachers in fostering entrepreneurial skills. | |
116 | + | 34 Sec. 6. The office may adopt rules under IC 4-22-2 to carry out | |
117 | + | 35 the duties, purposes, and functions of this chapter. | |
118 | + | 36 SECTION 2. IC 5-28-3-4, AS AMENDED BY P.L.197-2021, | |
119 | + | 37 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
120 | + | 38 UPON PASSAGE]: Sec. 4. (a) The governor shall appoint the secretary | |
121 | + | 39 of commerce, who shall serve at the pleasure of the governor. The | |
122 | + | 40 secretary of commerce is the chief executive officer and president of | |
123 | + | 41 the corporation. | |
124 | + | 42 (b) The governor shall appoint the president of the corporation, | |
125 | + | ES 516—LS 7310/DI 120 3 | |
126 | + | 1 who shall serve at the pleasure of the governor. The president shall | |
127 | + | 2 report to the secretary of commerce. | |
128 | + | 3 SECTION 3. IC 5-28-5-2, AS ADDED BY P.L.4-2005, SECTION | |
129 | + | 4 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, | |
130 | + | 5 2025]: Sec. 2. (a) Subject to subsection (b), the corporation is granted | |
131 | + | 6 all powers necessary or appropriate to carry out the corporation's public | |
132 | + | 7 and corporate purposes under this chapter. | |
133 | + | 8 (b) Before the corporation may purchase land in a county that | |
134 | + | 9 in total exceeds one hundred (100) acres whether acquired in one | |
135 | + | 10 (1) transaction or a series of transactions, the corporation must | |
136 | + | 11 first give notice, in writing, to the board of county commissioners | |
137 | + | 12 of the county in which the land is located not later than thirty (30) | |
138 | + | 13 days before the closing date for the purchase or purchases. If the | |
139 | + | 14 land is located within a city, the corporation must also give notice | |
140 | + | 15 in writing to the mayor of the city in which the land is located not | |
141 | + | 16 later than thirty (30) days before the closing date. | |
142 | + | 17 (c) At the same time the corporation provides the notice | |
143 | + | 18 described in subsection (b) to the county or municipality, or both, | |
144 | + | 19 in which the land is located, the corporation shall also provide a | |
145 | + | 20 copy of the notice described in subsection (b) to the budget | |
146 | + | 21 committee. | |
147 | + | 22 SECTION 4. IC 5-28-6-11 IS ADDED TO THE INDIANA CODE | |
148 | + | 23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE | |
149 | + | 24 UPON PASSAGE]: Sec. 11. If the corporation extends an offer to | |
150 | + | 25 one (1) or more voting or nonvoting members of the budget | |
151 | + | 26 committee to tour a potential economic development site that may | |
152 | + | 27 receive state assistance in undertaking the economic development | |
153 | + | 28 project, the corporation shall simultaneously extend the same offer | |
154 | + | 29 to all voting and nonvoting members of the budget committee. | |
155 | + | 30 SECTION 5. IC 6-1.1-12.7-4, AS ADDED BY P.L.113-2010, | |
156 | + | 31 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
157 | + | 32 JULY 1, 2025]: Sec. 4. (a) A county fiscal body may adopt an | |
158 | + | 33 ordinance providing that a deduction applies to the assessed value of | |
159 | + | 34 qualified personal property located in the county. The deduction is | |
160 | + | 35 equal to one hundred percent (100%) of the assessed value of qualified | |
161 | + | 36 personal property located in the county for each calendar year specified | |
162 | + | 37 in the ordinance. An ordinance adopted under this section must be | |
163 | + | 38 adopted before January 1 of the first assessment year for which a | |
164 | + | 39 taxpayer may claim a deduction under the ordinance. | |
165 | + | 40 (b) An ordinance adopted under subsection (a) must specify the | |
166 | + | 41 number of assessment years that a deduction is allowed under this | |
167 | + | 42 chapter. However, a deduction may not be allowed for: | |
168 | + | ES 516—LS 7310/DI 120 4 | |
169 | + | 1 (1) less than two (2) assessment years; or | |
170 | + | 2 (2) more than ten (10) assessment years. | |
171 | + | 3 (c) The fiscal body shall send a certified copy of the ordinance | |
172 | + | 4 adopted under subsection (a) to the county assessor, the county auditor, | |
173 | + | 5 and the Indiana economic development corporation. office of | |
174 | + | 6 entrepreneurship and innovation. Subject to this chapter, the fiscal | |
175 | + | 7 body's determination of the number of years the deduction is allowed | |
176 | + | 8 is final and may not be changed. | |
177 | + | 9 (d) An ordinance adopted under subsection (a) may not allow a | |
178 | + | 10 deduction for qualified personal property installed after March 1, 2015. | |
179 | + | 11 SECTION 6. IC 6-1.1-12.7-5, AS ADDED BY P.L.113-2010, | |
180 | + | 12 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
181 | + | 13 JULY 1, 2025]: Sec. 5. The Indiana economic development corporation | |
182 | + | 14 office of entrepreneurship and innovation shall review an ordinance | |
183 | + | 15 adopted under this chapter and determine whether it is in the best | |
184 | + | 16 interest of the development of the certified technology park to permit | |
185 | + | 17 the deduction. The Indiana economic development corporation, office | |
186 | + | 18 of entrepreneurship and innovation, after conducting a hearing, may | |
187 | + | 19 approve the ordinance, approve the ordinance with modifications, or | |
188 | + | 20 disapprove the ordinance. An owner of qualified personal property is | |
189 | + | 21 eligible for a deduction under this chapter only to the extent permitted | |
190 | + | 22 under an ordinance (as modified by the Indiana economic development | |
191 | + | 23 corporation) office of entrepreneurship and innovation) that is | |
192 | + | 24 approved under this section. | |
193 | + | 25 SECTION 7. IC 36-7-32-8.7 IS ADDED TO THE INDIANA CODE | |
194 | + | 26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
195 | + | 27 1, 2025]: Sec. 8.7. As used in this chapter, "office" means the office | |
196 | + | 28 of entrepreneurship and innovation established by IC 4-3-28.1-3. | |
197 | + | 29 SECTION 8. IC 36-7-32-9, AS AMENDED BY P.L.4-2005, | |
198 | + | 30 SECTION 142, IS AMENDED TO READ AS FOLLOWS | |
199 | + | 31 [EFFECTIVE JULY 1, 2025]: Sec. 9. As used in this chapter, subject | |
200 | + | 32 to the approval of the Indiana economic development corporation | |
201 | + | 33 office under an agreement entered into under section 12 of this chapter, | |
202 | + | 34 "public facilities" includes the following: | |
203 | + | 35 (1) A street, road, bridge, storm water or sanitary sewer, sewage | |
204 | + | 36 treatment facility, facility designed to reduce, eliminate, or | |
205 | + | 37 prevent the spread of identified soil or groundwater | |
206 | + | 38 contamination, drainage system, retention basin, pretreatment | |
207 | + | 39 facility, waterway, waterline, water storage facility, rail line, | |
208 | + | 40 electric, gas, telephone or other communications, or any other | |
209 | + | 41 type of utility line or pipeline, or other similar or related structure | |
210 | + | 42 or improvement, together with necessary easements for the | |
211 | + | ES 516—LS 7310/DI 120 5 | |
212 | + | 1 structure or improvement. Except for rail lines, utility lines, or | |
213 | + | 2 pipelines, the structures or improvements described in this | |
214 | + | 3 subdivision must be either owned or used by a public agency, | |
215 | + | 4 functionally connected to similar or supporting facilities owned | |
216 | + | 5 or used by a public agency, or designed and dedicated to use by, | |
217 | + | 6 for the benefit of, or for the protection of the health, welfare, or | |
218 | + | 7 safety of the public generally, whether or not used by a single | |
219 | + | 8 business entity. Any road, street, or bridge must be continuously | |
220 | + | 9 open to public access. A public facility must be located on public | |
221 | + | 10 property or in a public, utility, or transportation easement or | |
222 | + | 11 right-of-way. | |
223 | + | 12 (2) Land and other assets that are or may become eligible for | |
224 | + | 13 depreciation for federal income tax purposes for a business | |
225 | + | 14 incubator located in a certified technology park. | |
226 | + | 15 (3) Land and other assets that, if privately owned, would be | |
227 | + | 16 eligible for depreciation for federal income tax purposes for | |
228 | + | 17 laboratory facilities, research and development facilities, | |
229 | + | 18 conference facilities, teleconference facilities, testing facilities, | |
230 | + | 19 training facilities, or quality control facilities: | |
231 | + | 20 (A) that are or that support property whose primary purpose | |
232 | + | 21 and use is or will be for a high technology activity; | |
233 | + | 22 (B) that are owned by a public entity; and | |
234 | + | 23 (C) that are located within a certified technology park. | |
235 | + | 24 SECTION 9. IC 36-7-32-10, AS AMENDED BY P.L.203-2005, | |
236 | + | 25 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
237 | + | 26 JULY 1, 2025]: Sec. 10. (a) A unit may apply to the Indiana economic | |
238 | + | 27 development corporation office for designation of all or part of the | |
239 | + | 28 territory within the jurisdiction of the unit's redevelopment commission | |
240 | + | 29 as a certified technology park and to enter into an agreement governing | |
241 | + | 30 the terms and conditions of the designation. The application must be in | |
242 | + | 31 a form specified by the Indiana economic development corporation | |
243 | + | 32 office and must include information the corporation office determines | |
244 | + | 33 necessary to make the determinations required under section 11 of this | |
245 | + | 34 chapter. | |
246 | + | 35 (b) This subsection applies only to a unit in which a certified | |
247 | + | 36 technology park designated before January 1, 2005, is located. A unit | |
248 | + | 37 may apply to the Indiana economic development corporation office for | |
249 | + | 38 permission to expand the unit's certified technology park to include | |
250 | + | 39 territory that is adjacent to the unit's certified technology park but | |
251 | + | 40 located in another county. The corporation office shall grant the unit | |
252 | + | 41 permission to expand the certified technology park if the unit and the | |
253 | + | 42 redevelopment commission having jurisdiction over the adjacent | |
254 | + | ES 516—LS 7310/DI 120 6 | |
255 | + | 1 territory approve the proposed expansion in a resolution. A certified | |
256 | + | 2 copy of each resolution approving the proposed expansion must be | |
257 | + | 3 attached to the application submitted under this subsection. | |
258 | + | 4 SECTION 10. IC 36-7-32-11, AS AMENDED BY P.L.105-2023, | |
259 | + | 5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
260 | + | 6 JULY 1, 2025]: Sec. 11. (a) After receipt of an application under | |
261 | + | 7 section 10 of this chapter, and subject to subsection (b), the Indiana | |
262 | + | 8 economic development corporation office may designate a certified | |
263 | + | 9 technology park if the corporation office determines that the | |
264 | + | 10 application demonstrates a firm commitment from at least one (1) | |
265 | + | 11 business engaged in a high technology activity creating a significant | |
266 | + | 12 number of jobs and satisfies one (1) or more of the following additional | |
267 | + | 13 criteria: | |
268 | + | 14 (1) A demonstration of significant support from an institution of | |
269 | + | 15 higher education, a private research based institute, or a military | |
270 | + | 16 research and development or testing facility on an active United | |
271 | + | 17 States government military base or other military installation | |
272 | + | 18 located within, or in the vicinity of, the proposed certified | |
273 | + | 19 technology park, as evidenced by the following criteria: | |
274 | + | 20 (A) Grants of preferences for access to and commercialization | |
275 | + | 21 of intellectual property. | |
276 | + | 22 (B) Access to laboratory and other facilities owned by or under | |
277 | + | 23 the control of the postsecondary educational institution or | |
278 | + | 24 private research based institute. | |
279 | + | 25 (C) Donations of services. | |
280 | + | 26 (D) Access to telecommunications facilities and other | |
281 | + | 27 infrastructure. | |
282 | + | 28 (E) Financial commitments. | |
283 | + | 29 (F) Access to faculty, staff, and students. | |
284 | + | 30 (G) Opportunities for adjunct faculty and other types of staff | |
285 | + | 31 arrangements or affiliations. | |
286 | + | 32 (H) Other criteria considered appropriate by the Indiana | |
287 | + | 33 economic development corporation. office. | |
288 | + | 34 (2) A demonstration of a significant commitment by the | |
289 | + | 35 postsecondary educational institution, private research based | |
290 | + | 36 institute, or military research and development or testing facility | |
291 | + | 37 on an active United States government military base or other | |
292 | + | 38 military installation to the commercialization of research | |
293 | + | 39 produced at the certified technology park, as evidenced by the | |
294 | + | 40 intellectual property and, if applicable, tenure policies that reward | |
295 | + | 41 faculty and staff for commercialization and collaboration with | |
296 | + | 42 private businesses. | |
297 | + | ES 516—LS 7310/DI 120 7 | |
298 | + | 1 (3) A demonstration that the proposed certified technology park | |
299 | + | 2 will be developed to take advantage of the unique characteristics | |
300 | + | 3 and specialties offered by the public and private resources | |
301 | + | 4 available in the area in which the proposed certified technology | |
302 | + | 5 park will be located. | |
303 | + | 6 (4) The existence of or proposed development of a business | |
304 | + | 7 incubator within the proposed certified technology park that | |
305 | + | 8 exhibits the following types of resources and organization: | |
306 | + | 9 (A) Significant financial and other types of support from the | |
307 | + | 10 public or private resources in the area in which the proposed | |
308 | + | 11 certified technology park will be located. | |
309 | + | 12 (B) A business plan exhibiting the economic utilization and | |
310 | + | 13 availability of resources and a likelihood of successful | |
311 | + | 14 development of technologies and research into viable business | |
312 | + | 15 enterprises. | |
313 | + | 16 (C) A commitment to the employment of a qualified full-time | |
314 | + | 17 manager to supervise the development and operation of the | |
315 | + | 18 business incubator. | |
316 | + | 19 (5) The existence of a business plan for the proposed certified | |
317 | + | 20 technology park that identifies its objectives in a clearly focused | |
318 | + | 21 and measurable fashion and that addresses the following matters: | |
319 | + | 22 (A) A commitment to new business formation. | |
320 | + | 23 (B) The clustering of businesses, technology, and research. | |
321 | + | 24 (C) The opportunity for and costs of development of properties | |
322 | + | 25 under common ownership or control. | |
323 | + | 26 (D) The availability of and method proposed for development | |
324 | + | 27 of infrastructure and other improvements, including | |
325 | + | 28 telecommunications technology, necessary for the | |
326 | + | 29 development of the proposed certified technology park. | |
327 | + | 30 (E) Assumptions of costs and revenues related to the | |
328 | + | 31 development of the proposed certified technology park. | |
329 | + | 32 (6) A demonstrable and satisfactory assurance that the proposed | |
330 | + | 33 certified technology park can be developed to principally contain | |
331 | + | 34 property that is primarily used for, or will be primarily used for, | |
332 | + | 35 a high technology activity or a business incubator. | |
333 | + | 36 (b) The Indiana economic development corporation office may not | |
334 | + | 37 approve an application that would result in a substantial reduction or | |
335 | + | 38 cessation of operations in another location in Indiana in order to | |
336 | + | 39 relocate them within the certified technology park. The Indiana | |
337 | + | 40 economic development corporation office may designate not more than | |
338 | + | 41 two (2) new certified technology parks during any state fiscal year. The | |
339 | + | 42 designation of a new certified technology park is subject to review and | |
340 | + | ES 516—LS 7310/DI 120 8 | |
341 | + | 1 approval under section 11.5 of this chapter. | |
342 | + | 2 (c) A certified technology park designated under this section is | |
343 | + | 3 subject to the review of the Indiana economic development corporation | |
344 | + | 4 office and must be recertified: | |
345 | + | 5 (1) every four (4) years, for a recertification occurring before | |
346 | + | 6 January 1, 2018, or after December 31, 2019; and | |
347 | + | 7 (2) every three (3) years, for a recertification occurring after | |
348 | + | 8 December 31, 2017, and before January 1, 2020. | |
349 | + | 9 (d) The corporation office shall develop procedures and the criteria | |
350 | + | 10 to be used in the review required under subsection (c). The procedures | |
351 | + | 11 and criteria must include the metrics developed under subsection (h) | |
352 | + | 12 for measuring the performance of a certified technology park. | |
353 | + | 13 (e) A certified technology park shall furnish to the corporation | |
354 | + | 14 office the following information to be used in the course of the review: | |
355 | + | 15 (1) Total employment and payroll levels for all businesses | |
356 | + | 16 operating within the certified technology park. | |
357 | + | 17 (2) The nature and extent of any technology transfer activity | |
358 | + | 18 occurring within the certified technology park. | |
359 | + | 19 (3) The nature and extent of any nontechnology businesses | |
360 | + | 20 operating within the certified technology park. | |
361 | + | 21 (4) The use and outcomes of any state money made available to | |
362 | + | 22 the certified technology park. | |
363 | + | 23 (5) An analysis of the certified technology park's overall | |
364 | + | 24 contribution to the technology based economy in Indiana. | |
365 | + | 25 (6) The nature and extent of financial support secured by the | |
366 | + | 26 certified technology park from outside sources such as | |
367 | + | 27 philanthropy, federal government, local government, and other | |
368 | + | 28 private or nonprofit sources, and including the nature, type, and | |
369 | + | 29 structure of the funding mechanisms to support the development | |
370 | + | 30 and growth of the certified technology park. | |
371 | + | 31 (7) The nature and extent of incubation services provided to | |
372 | + | 32 businesses consistent with incubation industry best practices, and | |
373 | + | 33 growth or relocations of those businesses outside the certified | |
374 | + | 34 technology park. | |
375 | + | 35 (8) The nature and extent of partnerships undertaken between the | |
376 | + | 36 certified technology park and local and regional organizations in | |
377 | + | 37 pursuit of shared objectives. | |
378 | + | 38 (f) A certified technology park must meet or exceed the minimum | |
379 | + | 39 threshold requirements developed under subsection (h)(2) before the | |
380 | + | 40 certified technology park may be recertified under this section. If a | |
381 | + | 41 certified technology park is not recertified, the Indiana economic | |
382 | + | 42 development corporation office shall send a certified copy of a notice | |
383 | + | ES 516—LS 7310/DI 120 9 | |
384 | + | 1 of the determination to the county auditor, the department of local | |
385 | + | 2 government finance, and the department of state revenue. | |
386 | + | 3 (g) To the extent allowed under IC 5-14-3, the corporation office | |
387 | + | 4 shall maintain the confidentiality of any information that is: | |
388 | + | 5 (1) submitted as part of the review process under subsection (c); | |
389 | + | 6 and | |
390 | + | 7 (2) marked as confidential; | |
391 | + | 8 by the certified technology park. | |
392 | + | 9 (h) The corporation, office, in conjunction with the office of | |
393 | + | 10 management and budget, shall develop metrics for measuring the | |
394 | + | 11 performance of a certified technology park during the review period for | |
395 | + | 12 recertification under subsection (c). The corporation office shall | |
396 | + | 13 consult with local units of government in developing the metrics under | |
397 | + | 14 this subsection. The metrics shall include at least the following | |
398 | + | 15 elements: | |
399 | + | 16 (1) Specific criteria to be used to analyze and evaluate each | |
400 | + | 17 category of information furnished to the corporation office under | |
401 | + | 18 subsection (e)(1) through (e)(8). | |
402 | + | 19 (2) Minimum threshold requirements for the performance of a | |
403 | + | 20 certified technology park regarding each category of information | |
404 | + | 21 furnished to the corporation office under subsection (e)(1) | |
405 | + | 22 through (e)(8) based on the criteria for the analysis and evaluation | |
406 | + | 23 of the information under subdivision (1). | |
407 | + | 24 (i) The board of the Indiana economic development corporation | |
408 | + | 25 office shall adopt the metrics developed under subsection (h) as part of | |
409 | + | 26 the criteria to be used in the corporation's office's review under | |
410 | + | 27 subsection (c). | |
411 | + | 28 SECTION 11. IC 36-7-32-11.5, AS ADDED BY P.L.293-2013(ts), | |
412 | + | 29 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
413 | + | 30 JULY 1, 2025]: Sec. 11.5. (a) If the Indiana economic development | |
414 | + | 31 corporation office desires to designate a certified technology park | |
415 | + | 32 under this chapter, the corporation office shall submit its proposed | |
416 | + | 33 designation to the budget committee for review and recommendation | |
417 | + | 34 to the budget agency. The budget committee shall meet not later than | |
418 | + | 35 sixty (60) days after receipt of the proposed designation and shall make | |
419 | + | 36 a recommendation on the designation to the budget agency. | |
420 | + | 37 (b) When considering the proposed designation of a certified | |
421 | + | 38 technology park by the corporation office under this section, the budget | |
422 | + | 39 committee and the budget agency must make the following findings | |
423 | + | 40 before approving the designation: | |
424 | + | 41 (1) The area to be designated as a certified technology park meets | |
425 | + | 42 the conditions necessary for the designation as a certified | |
426 | + | ES 516—LS 7310/DI 120 10 | |
427 | + | 1 technology park. | |
428 | + | 2 (2) The designation of the certified technology park will benefit | |
429 | + | 3 the people of Indiana by protecting or increasing state and local | |
430 | + | 4 tax bases and tax revenues for at least the duration of the certified | |
431 | + | 5 technology park. | |
432 | + | 6 (c) The income tax incremental amount and the gross retail | |
433 | + | 7 incremental amount may not be allocated to the certified technology | |
434 | + | 8 park until the designation of the certified technology park is approved | |
435 | + | 9 under this section. | |
436 | + | 10 SECTION 12. IC 36-7-32-12, AS AMENDED BY P.L.154-2007, | |
437 | + | 11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
438 | + | 12 JULY 1, 2025]: Sec. 12. A redevelopment commission and the | |
439 | + | 13 legislative body of the unit that established the redevelopment | |
440 | + | 14 commission may enter into an agreement with the Indiana economic | |
441 | + | 15 development corporation office establishing the terms and conditions | |
442 | + | 16 governing a certified technology park designated under section 11 of | |
443 | + | 17 this chapter. Upon designation of the certified technology park under | |
444 | + | 18 the terms of the agreement, the subsequent failure of any party to | |
445 | + | 19 comply with the terms of the agreement may result in the termination | |
446 | + | 20 or rescission of the designation of the area as a certified technology | |
447 | + | 21 park. The agreement must include the following provisions: | |
448 | + | 22 (1) A description of the area to be included within the certified | |
449 | + | 23 technology park. | |
450 | + | 24 (2) Covenants and restrictions, if any, upon all or a part of the | |
451 | + | 25 properties contained within the certified technology park and | |
452 | + | 26 terms of enforcement of any covenants or restrictions. | |
453 | + | 27 (3) The financial commitments of any party to the agreement and | |
454 | + | 28 of any owner or developer of property within the certified | |
455 | + | 29 technology park. | |
456 | + | 30 (4) The terms of any commitment required from a postsecondary | |
457 | + | 31 educational institution or private research based institute for | |
458 | + | 32 support of the operations and activities within the certified | |
459 | + | 33 technology park. | |
460 | + | 34 (5) The terms of enforcement of the agreement, which may | |
461 | + | 35 include the definition of events of default, cure periods, legal and | |
462 | + | 36 equitable remedies and rights, and penalties and damages, actual | |
463 | + | 37 or liquidated, upon the occurrence of an event of default. | |
464 | + | 38 (6) The public facilities to be developed for the certified | |
465 | + | 39 technology park and the costs of those public facilities, as | |
466 | + | 40 approved by the Indiana economic development corporation. | |
467 | + | 41 office. | |
468 | + | 42 SECTION 13. IC 36-7-32-13, AS AMENDED BY P.L.4-2005, | |
469 | + | ES 516—LS 7310/DI 120 11 | |
470 | + | 1 SECTION 146, IS AMENDED TO READ AS FOLLOWS | |
471 | + | 2 [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) If the Indiana economic | |
472 | + | 3 development corporation office determines that a sale price or rental | |
473 | + | 4 value at below market rate will assist in increasing employment or | |
474 | + | 5 private investment in a certified technology park, the redevelopment | |
475 | + | 6 commission and the legislative body of the unit may determine the sale | |
476 | + | 7 price or rental value for public facilities owned or developed by the | |
477 | + | 8 redevelopment commission and the unit in the certified technology | |
478 | + | 9 park at below market rate. | |
479 | + | 10 (b) If public facilities developed under an agreement entered into | |
480 | + | 11 under this chapter are conveyed or leased at less than fair market value | |
481 | + | 12 or at below market rates, the terms of the conveyance or lease shall | |
482 | + | 13 include legal and equitable remedies and rights to assure that the public | |
483 | + | 14 facilities are used for high technology activities or as a business | |
484 | + | 15 incubator. Legal and equitable remedies and rights may include | |
485 | + | 16 penalties and actual or liquidated damages. | |
486 | + | 17 SECTION 14. IC 36-7-32-14, AS AMENDED BY P.L.4-2005, | |
487 | + | 18 SECTION 147, IS AMENDED TO READ AS FOLLOWS | |
488 | + | 19 [EFFECTIVE JULY 1, 2025]: Sec. 14. The Indiana economic | |
489 | + | 20 development corporation office shall market the certified technology | |
490 | + | 21 park. The corporation office and a redevelopment commission may | |
491 | + | 22 contract with each other or any third party for these marketing services. | |
492 | + | 23 SECTION 15. IC 36-7-32-17.3, AS ADDED BY P.L.123-2024, | |
493 | + | 24 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
494 | + | 25 JULY 1, 2025]: Sec. 17.3. Notwithstanding any other law, if the | |
495 | + | 26 Indiana economic development corporation office subsequently | |
496 | + | 27 designates territory that is located in an existing allocation area under | |
497 | + | 28 this chapter as an innovation development district under IC 36-7-32.5, | |
498 | + | 29 the allocation area may not be renewed or extended under this chapter | |
499 | + | 30 until the term of the innovation development district expires. | |
500 | + | 31 SECTION 16. IC 36-7-32-20 IS AMENDED TO READ AS | |
501 | + | 32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. (a) After entering | |
502 | + | 33 into an agreement under section 12 of this chapter, the redevelopment | |
503 | + | 34 commission shall send to the department of state revenue and to the | |
504 | + | 35 office: | |
505 | + | 36 (1) a certified copy of the designation of the certified technology | |
506 | + | 37 park under section 11 of this chapter; | |
507 | + | 38 (2) a certified copy of the agreement entered into under section 12 | |
508 | + | 39 of this chapter; and | |
509 | + | 40 (3) a complete list of the employers in the certified technology | |
510 | + | 41 park and the street names and the range of street numbers of each | |
511 | + | 42 street in the certified technology park. | |
512 | + | ES 516—LS 7310/DI 120 12 | |
513 | + | 1 The redevelopment commission shall update the list provided under | |
514 | + | 2 subdivision (3) before July 1 of each year. | |
515 | + | 3 (b) Not later than sixty (60) days after receiving a copy of the | |
516 | + | 4 designation of the certified technology park, the department of state | |
517 | + | 5 revenue shall determine the gross retail base period amount and the | |
518 | + | 6 income tax base period amount. | |
519 | + | 7 SECTION 17. IC 36-7-32-21, AS AMENDED BY P.L.261-2013, | |
520 | + | 8 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
521 | + | 9 JULY 1, 2025]: Sec. 21. (a) Before the first business day in October of | |
522 | + | 10 each year, the department of state revenue shall calculate the income | |
523 | + | 11 tax incremental amount and the gross retail incremental amount for the | |
524 | + | 12 preceding state fiscal year for each certified technology park designated | |
525 | + | 13 under this chapter. | |
526 | + | 14 (b) Taxpayers operating in the certified technology park shall report | |
527 | + | 15 annually to the department of state revenue and to the office, in the | |
528 | + | 16 manner and in the form prescribed by the department, information that | |
529 | + | 17 the department determines necessary to calculate the net increment. | |
530 | + | 18 (c) A taxpayer operating in the certified technology park that files | |
531 | + | 19 a consolidated tax return with the department also shall file annually: | |
532 | + | 20 (1) an informational return with the department for each business | |
533 | + | 21 location of the taxpayer within the certified technology park; and | |
534 | + | 22 (2) a copy of the informational return required under | |
535 | + | 23 subdivision (1) with the office. | |
536 | + | 24 (d) If a taxpayer fails to report the information required by this | |
537 | + | 25 section or file an informational return required by this section, the | |
538 | + | 26 department shall use the best information available in calculating the | |
539 | + | 27 income tax incremental amount and the gross retail incremental | |
540 | + | 28 amount. | |
541 | + | 29 SECTION 18. IC 36-7-32-22, AS AMENDED BY P.L.236-2023, | |
542 | + | 30 SECTION 188, IS AMENDED TO READ AS FOLLOWS | |
543 | + | 31 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The treasurer of state shall | |
544 | + | 32 establish an incremental tax financing fund for each certified | |
545 | + | 33 technology park designated under this chapter. The fund shall be | |
546 | + | 34 administered by the treasurer of state. Money in the fund does not | |
547 | + | 35 revert to the state general fund at the end of a state fiscal year. | |
548 | + | 36 (b) Subject to subsection (c), the following amounts shall be | |
549 | + | 37 deposited during each state fiscal year in the incremental tax financing | |
550 | + | 38 fund established for a certified technology park under subsection (a): | |
551 | + | 39 (1) The aggregate amount of state gross retail and use taxes that | |
552 | + | 40 are remitted under IC 6-2.5 by businesses operating in the | |
553 | + | 41 certified technology park, until the amount of state gross retail | |
554 | + | 42 and use taxes deposited equals the gross retail incremental | |
555 | + | ES 516—LS 7310/DI 120 13 | |
556 | + | 1 amount for the certified technology park. | |
557 | + | 2 (2) Except as provided in subdivision (3), the aggregate amount | |
558 | + | 3 of the following taxes paid by employees employed in the | |
559 | + | 4 certified technology park with respect to wages earned for work | |
560 | + | 5 in the certified technology park, until the amount deposited equals | |
561 | + | 6 the income tax incremental amount as defined in section 8.5(1) of | |
562 | + | 7 this chapter: | |
563 | + | 8 (A) The adjusted gross income tax. | |
564 | + | 9 (B) The local income tax (IC 6-3.6). | |
565 | + | 10 (3) In the case of a certified technology park to which subsection | |
566 | + | 11 (e) applies, the amount determined under subsection (e), if any. | |
567 | + | 12 (c) Except as provided in subsections (d) and (e), not more than a | |
568 | + | 13 total of five million dollars ($5,000,000) may be deposited in a | |
569 | + | 14 particular incremental tax financing fund for a certified technology | |
570 | + | 15 park over the life of the certified technology park. | |
571 | + | 16 (d) Except as provided in subsection (e), in the case of a certified | |
572 | + | 17 technology park that is operating under a written agreement entered | |
573 | + | 18 into by two (2) or more redevelopment commissions, and subject to | |
574 | + | 19 section 26(b)(4) of this chapter: | |
575 | + | 20 (1) not more than a total of five million dollars ($5,000,000) may | |
576 | + | 21 be deposited over the life of the certified technology park in the | |
577 | + | 22 incremental tax financing fund of each redevelopment | |
578 | + | 23 commission participating in the operation of the certified | |
579 | + | 24 technology park; and | |
580 | + | 25 (2) the total amount that may be deposited in all incremental tax | |
581 | + | 26 financing funds, over the life of the certified technology park, in | |
582 | + | 27 aggregate, may not exceed the result of: | |
583 | + | 28 (A) five million dollars ($5,000,000); multiplied by | |
584 | + | 29 (B) the number of redevelopment commissions that have | |
585 | + | 30 entered into a written agreement for the operation of the | |
586 | + | 31 certified technology park. | |
587 | + | 32 (e) If a certified technology park has reached the limit on deposits | |
588 | + | 33 under subsection (c) or (d) and maintains its certification under section | |
589 | + | 34 11(c) of this chapter, the certified technology park shall become a | |
590 | + | 35 Level 2 certified technology park and an additional annual deposit | |
591 | + | 36 amount shall be deposited in the incremental tax financing fund for the | |
592 | + | 37 certified technology park equal to the following: | |
593 | + | 38 (1) For a certified technology park to which subsection (c) | |
594 | + | 39 applies, the lesser of: | |
595 | + | 40 (A) the income tax incremental amount as defined in section | |
596 | + | 41 8.5(2) of this chapter; or | |
597 | + | 42 (B) two hundred fifty thousand dollars ($250,000). | |
598 | + | ES 516—LS 7310/DI 120 14 | |
599 | + | 1 (2) For a certified technology park to which subsection (d) | |
600 | + | 2 applies, the lesser of: | |
601 | + | 3 (A) the aggregate income tax incremental amounts as defined | |
602 | + | 4 in section 8.5(2) of this chapter attributable to each | |
603 | + | 5 redevelopment commission that has entered into a written | |
604 | + | 6 agreement for the operation of the certified technology park; | |
605 | + | 7 or | |
606 | + | 8 (B) two hundred fifty thousand dollars ($250,000) multiplied | |
607 | + | 9 by the number of redevelopment commissions that have | |
608 | + | 10 entered into a written agreement for the operation of the | |
609 | + | 11 certified technology park. | |
610 | + | 12 (3) The following apply to deposits under this subsection: | |
611 | + | 13 (A) If a certified technology park reached its limit on deposits | |
612 | + | 14 based on a state fiscal year ending before July 1, 2020, the | |
613 | + | 15 certified technology park shall receive deposits based on the | |
614 | + | 16 income tax incremental amount as defined in section 8.5(2) of | |
615 | + | 17 this chapter for each state fiscal year ending after June 30, | |
616 | + | 18 2019. | |
617 | + | 19 (B) If a certified technology park reached its limit on deposits | |
618 | + | 20 based on a state fiscal year ending after June 30, 2020, the | |
619 | + | 21 certified technology park shall receive deposits based on the | |
620 | + | 22 income tax incremental amount as defined in section 8.5(2) of | |
621 | + | 23 this chapter for the state fiscal year in which it reached its limit | |
622 | + | 24 on deposits under subsection (c) or (d) and each state fiscal | |
623 | + | 25 year thereafter. | |
624 | + | 26 (C) If a certified technology park is permitted to receive | |
625 | + | 27 deposits under this subsection during the state fiscal year in | |
626 | + | 28 which it reached its limit on deposits under subsection (c) or | |
627 | + | 29 (d), the income tax incremental amount for purposes of | |
628 | + | 30 subdivision (1)(A) or (1)(B) for that state fiscal year shall be | |
629 | + | 31 reduced by an amount equal to: | |
630 | + | 32 (i) the deposit amount for the state fiscal year under | |
631 | + | 33 subsection (b) required to reach the limit on deposits under | |
632 | + | 34 subsection (c) or (d); minus | |
633 | + | 35 (ii) the gross retail incremental amount determined under | |
634 | + | 36 section 6.5 of this chapter; | |
635 | + | 37 but not less than zero (0). | |
636 | + | 38 (f) This subsection applies to a Level 2 certified technology park | |
637 | + | 39 designated in subsection (e). When the Indiana economic development | |
638 | + | 40 corporation office recertifies a certified technology park as required | |
639 | + | 41 under section 11 of this chapter, the corporation office shall make a | |
640 | + | 42 determination of whether the certified technology park shall continue | |
641 | + | ES 516—LS 7310/DI 120 15 | |
642 | + | 1 to be designated as a Level 2 certified technology park. | |
643 | + | 2 (g) On or before the twentieth day of each month, all amounts held | |
644 | + | 3 in the incremental tax financing fund established for a certified | |
645 | + | 4 technology park shall be distributed to the redevelopment commission | |
646 | + | 5 for deposit in the certified technology park fund established under | |
647 | + | 6 section 23 of this chapter. | |
648 | + | 7 SECTION 19. IC 36-7-32-29, AS ADDED BY P.L.105-2023, | |
649 | + | 8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
650 | + | 9 JULY 1, 2025]: Sec. 29. Before January 1, 2024, and before January 1 | |
651 | + | 10 of each even-numbered year thereafter, the Indiana economic | |
652 | + | 11 development corporation office shall submit a report to the budget | |
653 | + | 12 committee that includes at least the following information for each | |
654 | + | 13 certified technology park: | |
655 | + | 14 (1) The total number of businesses located in the certified | |
656 | + | 15 technology park, including the specific number of businesses | |
657 | + | 16 engaged in high technology activity in the certified technology | |
658 | + | 17 park. | |
659 | + | 18 (2) The number of businesses described in subdivision (1) that | |
660 | + | 19 have left the certified technology park and the locations to which | |
661 | + | 20 the businesses moved. | |
662 | + | 21 (3) The number of employees of each business described in | |
663 | + | 22 subdivision (1), and the average annual wage paid to those | |
664 | + | 23 employees. | |
665 | + | 24 (4) The amount of capital investment that each business described | |
666 | + | 25 in subdivision (1) has secured. | |
667 | + | 26 SECTION 20. IC 36-7-32.5-14.5 IS ADDED TO THE INDIANA | |
668 | + | 27 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
669 | + | 28 [EFFECTIVE JULY 1, 2025]: Sec. 14.5. (a) Not later than April 15 | |
670 | + | 29 of each year, the corporation and the executive of a county, city, or | |
671 | + | 30 town in which an innovation development district is designated | |
672 | + | 31 under section 9 of this chapter shall submit a report setting out the | |
673 | + | 32 innovation development district's activities during the preceding | |
674 | + | 33 calendar year to the: | |
675 | + | 34 (1) fiscal body of the county, city, or town; and | |
676 | + | 35 (2) department of local government finance in an electronic | |
677 | + | 36 format. | |
678 | + | 37 (b) The report required under subsection (a) must include the | |
679 | + | 38 following information set forth for each innovation development | |
680 | + | 39 district regarding the previous year: | |
681 | + | 40 (1) Revenues received. | |
682 | + | 41 (2) Expenses paid. | |
683 | + | 42 (3) Fund balances. | |
684 | + | ES 516—LS 7310/DI 120 16 | |
685 | + | 1 (4) The amount and maturity date for all outstanding | |
686 | + | 2 obligations. | |
687 | + | 3 (5) The amount paid on outstanding obligations. | |
688 | + | 4 (6) A list of all the parcels and the depreciable personal | |
689 | + | 5 property of any designated taxpayer included in each tax | |
690 | + | 6 increment financing district allocation area and the base | |
691 | + | 7 assessed value and incremental assessed value for each parcel | |
692 | + | 8 and the depreciable personal property of any designated | |
693 | + | 9 taxpayer in the list. | |
694 | + | 10 (7) Amounts distributed to cities, towns, counties, or school | |
695 | + | 11 corporations as described in section 19(e) of this chapter. | |
696 | + | 12 SECTION 21. IC 36-7.7-1-2 IS REPEALED [EFFECTIVE UPON | |
697 | + | 13 PASSAGE]. Sec. 2. This article expires July 1, 2025. | |
698 | + | 14 SECTION 22. An emergency is declared for this act. | |
699 | + | ES 516—LS 7310/DI 120 17 | |
700 | + | COMMITTEE REPORT | |
701 | + | Mr. President: The Senate Committee on Commerce and | |
702 | + | Technology, to which was referred Senate Bill No. 516, has had the | |
703 | + | same under consideration and begs leave to report the same back to the | |
704 | + | Senate with the recommendation that said bill be AMENDED as | |
705 | + | follows: | |
706 | + | Page 1, delete lines 1 through 15. | |
707 | + | Delete pages 2 through 5. | |
708 | + | Page 6, delete lines 1 through 32, begin a new paragraph and insert: | |
709 | + | "SECTION 1. IC 4-3-28.1 IS ADDED TO THE INDIANA CODE | |
16 | 710 | AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
17 | 711 | JULY 1, 2025]: | |
18 | 712 | Chapter 28.1. Office of Entrepreneurship and Innovation | |
19 | 713 | Sec. 1. As used in this chapter, "director" refers to the director | |
20 | 714 | of the office of entrepreneurship and innovation appointed under | |
21 | 715 | section 4 of this chapter. | |
22 | 716 | Sec. 2. As used in this chapter, "office" refers to the office of | |
23 | 717 | entrepreneurship and innovation established by section 3 of this | |
24 | 718 | chapter. | |
25 | 719 | Sec. 3. The office of entrepreneurship and innovation is | |
26 | 720 | established. | |
27 | 721 | Sec. 4. (a) The governor shall appoint an individual to be the | |
28 | 722 | director of the office of entrepreneurship and innovation. | |
29 | 723 | (b) The director: | |
30 | 724 | (1) serves at the governor's pleasure; | |
31 | 725 | (2) is entitled to receive compensation in an amount set by the | |
32 | 726 | governor subject to the approval of the budget agency under | |
33 | 727 | IC 4-12-1-13; and | |
34 | 728 | (3) is responsible to the secretary of commerce. | |
35 | - | SEA 516 — Concur 2 | |
36 | 729 | (c) The director may appoint employees in the manner provided | |
37 | 730 | by IC 4-15-2.2 and fix their compensation, subject to the approval | |
38 | 731 | of the budget agency under IC 4-12-1-13. | |
39 | 732 | (d) The director may delegate the director's authority to the | |
40 | 733 | appropriate office staff. | |
41 | 734 | Sec. 5. The office shall do the following: | |
42 | 735 | (1) Develop and administer programs to support the growth | |
43 | 736 | of small business, entrepreneurship, and innovation in | |
44 | 737 | Indiana. | |
45 | 738 | (2) Direct and oversee programs and sources of funding | |
46 | 739 | related to the growth of small business, entrepreneurship, | |
47 | 740 | technology, and innovation in Indiana. | |
48 | 741 | (3) Work to strengthen policies and programs supporting the | |
742 | + | ES 516—LS 7310/DI 120 18 | |
49 | 743 | growth of entrepreneurship in Indiana. | |
50 | 744 | (4) Coordinate with state agencies and other state funded | |
51 | 745 | entities to align services and programs related to | |
52 | 746 | entrepreneurship and starting and scaling a business. | |
53 | 747 | (5) Work with funded entities on identifying strategies and | |
54 | 748 | metrics around the disbursement of funds to measure funds | |
55 | 749 | reaching rural communities and other underrepresented | |
56 | 750 | socioeconomic communities. | |
57 | 751 | (6) Work with stakeholders and organizations supporting | |
58 | 752 | entrepreneurship to enhance learning and skills, provide | |
59 | 753 | technical support, and expand access to resources for | |
60 | 754 | entrepreneurs across Indiana. | |
61 | 755 | (7) Develop and administer programs to support and | |
62 | 756 | encourage youth entrepreneurship, including supporting | |
63 | 757 | students and teachers in fostering entrepreneurial skills. | |
64 | 758 | Sec. 6. The office may adopt rules under IC 4-22-2 to carry out | |
65 | 759 | the duties, purposes, and functions of this chapter. | |
66 | 760 | SECTION 2. IC 5-28-3-4, AS AMENDED BY P.L.197-2021, | |
67 | 761 | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
68 | 762 | UPON PASSAGE]: Sec. 4. (a) The governor shall appoint the secretary | |
69 | 763 | of commerce, who shall serve at the pleasure of the governor. The | |
70 | 764 | secretary of commerce is the chief executive officer and president of | |
71 | 765 | the corporation. | |
72 | 766 | (b) The governor shall appoint the president of the corporation, | |
73 | 767 | who shall serve at the pleasure of the governor. The president shall | |
74 | - | report to the secretary of commerce. | |
75 | - | SECTION 3. IC 5-28-5-2, AS ADDED BY P.L.4-2005, SECTION | |
76 | - | 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, | |
77 | - | 2025]: Sec. 2. (a) Subject to subsection (b), the corporation is granted | |
78 | - | SEA 516 — Concur 3 | |
79 | - | all powers necessary or appropriate to carry out the corporation's public | |
80 | - | and corporate purposes under this chapter. | |
81 | - | (b) Before the corporation may purchase land in a county that | |
82 | - | in total exceeds one hundred (100) acres whether acquired in one | |
83 | - | (1) transaction or a series of transactions, the corporation must | |
84 | - | first give notice, in writing, to the board of county commissioners | |
85 | - | of the county in which the land is located not later than thirty (30) | |
86 | - | days before the closing date for the purchase or purchases. If the | |
87 | - | land is located within a city, the corporation must also give notice | |
88 | - | in writing to the mayor of the city in which the land is located not | |
89 | - | later than thirty (30) days before the closing date. | |
768 | + | report to the secretary of commerce.". | |
769 | + | Page 7, delete lines 2 through 32. | |
770 | + | Page 9, after line 38, begin a new paragraph and insert: | |
771 | + | "SECTION 9. IC 36-7-32.5-14.5 IS ADDED TO THE INDIANA | |
772 | + | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
773 | + | [EFFECTIVE JULY 1, 2025]: Sec. 14.5. (a) Not later than April 15 | |
774 | + | of each year, the corporation and the executive of a county, city, or | |
775 | + | town in which an innovation development district is designated | |
776 | + | under section 9 of this chapter shall submit a report setting out the | |
777 | + | innovation development district's activities during the preceding | |
778 | + | calendar year to the: | |
779 | + | (1) fiscal body of the county, city, or town; and | |
780 | + | (2) department of local government finance in an electronic | |
781 | + | format. | |
782 | + | (b) The report required under subsection (a) must include the | |
783 | + | following information set forth for each innovation development | |
784 | + | district regarding the previous year: | |
785 | + | ES 516—LS 7310/DI 120 19 | |
786 | + | (1) Revenues received. | |
787 | + | (2) Expenses paid. | |
788 | + | (3) Fund balances. | |
789 | + | (4) The amount and maturity date for all outstanding | |
790 | + | obligations. | |
791 | + | (5) The amount paid on outstanding obligations. | |
792 | + | (6) A list of all the parcels and the depreciable personal | |
793 | + | property of any designated taxpayer included in each tax | |
794 | + | increment financing district allocation area and the base | |
795 | + | assessed value and incremental assessed value for each parcel | |
796 | + | and the depreciable personal property of any designated | |
797 | + | taxpayer in the list. | |
798 | + | (7) Amounts distributed to cities, towns, counties, or school | |
799 | + | corporations as described in section 19(e) of this chapter. | |
800 | + | SECTION 10. An emergency is declared for this act.". | |
801 | + | Renumber all SECTIONS consecutively. | |
802 | + | and when so amended that said bill do pass and be reassigned to the | |
803 | + | Senate Committee on Appropriations. | |
804 | + | (Reference is to SB 516 as introduced.) | |
805 | + | BUCHANAN, Chairperson | |
806 | + | Committee Vote: Yeas 10, Nays 0. | |
807 | + | _____ | |
808 | + | COMMITTEE REPORT | |
809 | + | Mr. President: The Senate Committee on Appropriations, to which | |
810 | + | was referred Senate Bill No. 516, has had the same under consideration | |
811 | + | and begs leave to report the same back to the Senate with the | |
812 | + | recommendation that said bill be AMENDED as follows: | |
813 | + | Page 3, delete lines 14 through 42. | |
814 | + | Delete page 4. | |
815 | + | Page 5, delete lines 1 through 19. | |
816 | + | Renumber all SECTIONS consecutively. | |
817 | + | and when so amended that said bill do pass. | |
818 | + | (Reference is to SB 516 as printed February 7, 2025.) | |
819 | + | MISHLER, Chairperson | |
820 | + | Committee Vote: Yeas 11, Nays 0. | |
821 | + | ES 516—LS 7310/DI 120 20 | |
822 | + | SENATE MOTION | |
823 | + | Mr. President: I move that Senate Bill 516 be amended to read as | |
824 | + | follows: | |
825 | + | Page 3, between lines 41 and 42, begin a new paragraph and insert: | |
826 | + | "SECTION 5. IC 36-7.7-1-2 IS REPEALED [EFFECTIVE UPON | |
827 | + | PASSAGE]. Sec. 2. This article expires July 1, 2025.". | |
828 | + | Renumber all SECTIONS consecutively. | |
829 | + | (Reference is to SB 516 as printed February 14, 2025.) | |
830 | + | GOODE | |
831 | + | _____ | |
832 | + | COMMITTEE REPORT | |
833 | + | Mr. Speaker: Your Committee on Ways and Means, to which was | |
834 | + | referred Senate Bill 516, has had the same under consideration and | |
835 | + | begs leave to report the same back to the House with the | |
836 | + | recommendation that said bill be amended as follows: | |
837 | + | Page 3, line 11, delete "notice to the county or municipality, or | |
838 | + | both," and insert "notice, in writing, to the board of county | |
839 | + | commissioners of the county". | |
840 | + | Page 3, line 13, after "purchases." insert "If the land is located | |
841 | + | within a city, the corporation must also give notice in writing to the | |
842 | + | mayor of the city in which the land is located not later than thirty | |
843 | + | (30) days before the closing date.". | |
90 | 844 | (c) At the same time the corporation provides the notice | |
91 | 845 | described in subsection (b) to the county or municipality, or both, | |
92 | 846 | in which the land is located, the corporation shall also provide a | |
93 | 847 | copy of the notice described in subsection (b) to the budget | |
94 | 848 | committee. | |
95 | 849 | SECTION 4. IC 5-28-6-11 IS ADDED TO THE INDIANA CODE | |
96 | 850 | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE | |
97 | 851 | UPON PASSAGE]: Sec. 11. If the corporation extends an offer to | |
98 | 852 | one (1) or more voting or nonvoting members of the budget | |
99 | 853 | committee to tour a potential economic development site that may | |
100 | 854 | receive state assistance in undertaking the economic development | |
101 | 855 | project, the corporation shall simultaneously extend the same offer | |
102 | 856 | to all voting and nonvoting members of the budget committee. | |
103 | - | SECTION | |
857 | + | SECTION 4. IC 6-1.1-12.7-4, AS ADDED BY P.L.113-2010, | |
104 | 858 | SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
859 | + | ES 516—LS 7310/DI 120 21 | |
105 | 860 | JULY 1, 2025]: Sec. 4. (a) A county fiscal body may adopt an | |
106 | 861 | ordinance providing that a deduction applies to the assessed value of | |
107 | 862 | qualified personal property located in the county. The deduction is | |
108 | 863 | equal to one hundred percent (100%) of the assessed value of qualified | |
109 | 864 | personal property located in the county for each calendar year specified | |
110 | 865 | in the ordinance. An ordinance adopted under this section must be | |
111 | 866 | adopted before January 1 of the first assessment year for which a | |
112 | 867 | taxpayer may claim a deduction under the ordinance. | |
113 | 868 | (b) An ordinance adopted under subsection (a) must specify the | |
114 | 869 | number of assessment years that a deduction is allowed under this | |
115 | 870 | chapter. However, a deduction may not be allowed for: | |
116 | 871 | (1) less than two (2) assessment years; or | |
117 | 872 | (2) more than ten (10) assessment years. | |
118 | 873 | (c) The fiscal body shall send a certified copy of the ordinance | |
119 | 874 | adopted under subsection (a) to the county assessor, the county auditor, | |
120 | 875 | and the Indiana economic development corporation. office of | |
121 | - | SEA 516 — Concur 4 | |
122 | 876 | entrepreneurship and innovation. Subject to this chapter, the fiscal | |
123 | 877 | body's determination of the number of years the deduction is allowed | |
124 | 878 | is final and may not be changed. | |
125 | 879 | (d) An ordinance adopted under subsection (a) may not allow a | |
126 | 880 | deduction for qualified personal property installed after March 1, 2015. | |
127 | - | SECTION | |
881 | + | SECTION 5. IC 6-1.1-12.7-5, AS ADDED BY P.L.113-2010, | |
128 | 882 | SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
129 | 883 | JULY 1, 2025]: Sec. 5. The Indiana economic development corporation | |
130 | 884 | office of entrepreneurship and innovation shall review an ordinance | |
131 | 885 | adopted under this chapter and determine whether it is in the best | |
132 | 886 | interest of the development of the certified technology park to permit | |
133 | 887 | the deduction. The Indiana economic development corporation, office | |
134 | 888 | of entrepreneurship and innovation, after conducting a hearing, may | |
135 | 889 | approve the ordinance, approve the ordinance with modifications, or | |
136 | 890 | disapprove the ordinance. An owner of qualified personal property is | |
137 | 891 | eligible for a deduction under this chapter only to the extent permitted | |
138 | 892 | under an ordinance (as modified by the Indiana economic development | |
139 | 893 | corporation) office of entrepreneurship and innovation) that is | |
140 | 894 | approved under this section. | |
141 | - | SECTION | |
895 | + | SECTION 6. IC 36-7-32-8.7 IS ADDED TO THE INDIANA CODE | |
142 | 896 | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
143 | 897 | 1, 2025]: Sec. 8.7. As used in this chapter, "office" means the office | |
144 | 898 | of entrepreneurship and innovation established by IC 4-3-28.1-3. | |
145 | - | SECTION | |
899 | + | SECTION 7. IC 36-7-32-9, AS AMENDED BY P.L.4-2005, | |
146 | 900 | SECTION 142, IS AMENDED TO READ AS FOLLOWS | |
147 | 901 | [EFFECTIVE JULY 1, 2025]: Sec. 9. As used in this chapter, subject | |
902 | + | ES 516—LS 7310/DI 120 22 | |
148 | 903 | to the approval of the Indiana economic development corporation | |
149 | 904 | office under an agreement entered into under section 12 of this chapter, | |
150 | 905 | "public facilities" includes the following: | |
151 | 906 | (1) A street, road, bridge, storm water or sanitary sewer, sewage | |
152 | 907 | treatment facility, facility designed to reduce, eliminate, or | |
153 | 908 | prevent the spread of identified soil or groundwater | |
154 | 909 | contamination, drainage system, retention basin, pretreatment | |
155 | 910 | facility, waterway, waterline, water storage facility, rail line, | |
156 | 911 | electric, gas, telephone or other communications, or any other | |
157 | 912 | type of utility line or pipeline, or other similar or related structure | |
158 | 913 | or improvement, together with necessary easements for the | |
159 | 914 | structure or improvement. Except for rail lines, utility lines, or | |
160 | 915 | pipelines, the structures or improvements described in this | |
161 | 916 | subdivision must be either owned or used by a public agency, | |
162 | 917 | functionally connected to similar or supporting facilities owned | |
163 | 918 | or used by a public agency, or designed and dedicated to use by, | |
164 | - | SEA 516 — Concur 5 | |
165 | 919 | for the benefit of, or for the protection of the health, welfare, or | |
166 | 920 | safety of the public generally, whether or not used by a single | |
167 | 921 | business entity. Any road, street, or bridge must be continuously | |
168 | 922 | open to public access. A public facility must be located on public | |
169 | 923 | property or in a public, utility, or transportation easement or | |
170 | 924 | right-of-way. | |
171 | 925 | (2) Land and other assets that are or may become eligible for | |
172 | 926 | depreciation for federal income tax purposes for a business | |
173 | 927 | incubator located in a certified technology park. | |
174 | 928 | (3) Land and other assets that, if privately owned, would be | |
175 | 929 | eligible for depreciation for federal income tax purposes for | |
176 | 930 | laboratory facilities, research and development facilities, | |
177 | 931 | conference facilities, teleconference facilities, testing facilities, | |
178 | 932 | training facilities, or quality control facilities: | |
179 | 933 | (A) that are or that support property whose primary purpose | |
180 | 934 | and use is or will be for a high technology activity; | |
181 | 935 | (B) that are owned by a public entity; and | |
182 | 936 | (C) that are located within a certified technology park. | |
183 | - | SECTION | |
937 | + | SECTION 8. IC 36-7-32-10, AS AMENDED BY P.L.203-2005, | |
184 | 938 | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
185 | 939 | JULY 1, 2025]: Sec. 10. (a) A unit may apply to the Indiana economic | |
186 | 940 | development corporation office for designation of all or part of the | |
187 | 941 | territory within the jurisdiction of the unit's redevelopment commission | |
188 | 942 | as a certified technology park and to enter into an agreement governing | |
189 | 943 | the terms and conditions of the designation. The application must be in | |
190 | 944 | a form specified by the Indiana economic development corporation | |
945 | + | ES 516—LS 7310/DI 120 23 | |
191 | 946 | office and must include information the corporation office determines | |
192 | 947 | necessary to make the determinations required under section 11 of this | |
193 | 948 | chapter. | |
194 | 949 | (b) This subsection applies only to a unit in which a certified | |
195 | 950 | technology park designated before January 1, 2005, is located. A unit | |
196 | 951 | may apply to the Indiana economic development corporation office for | |
197 | 952 | permission to expand the unit's certified technology park to include | |
198 | 953 | territory that is adjacent to the unit's certified technology park but | |
199 | 954 | located in another county. The corporation office shall grant the unit | |
200 | 955 | permission to expand the certified technology park if the unit and the | |
201 | 956 | redevelopment commission having jurisdiction over the adjacent | |
202 | 957 | territory approve the proposed expansion in a resolution. A certified | |
203 | 958 | copy of each resolution approving the proposed expansion must be | |
204 | 959 | attached to the application submitted under this subsection. | |
205 | - | SECTION | |
960 | + | SECTION 9. IC 36-7-32-11, AS AMENDED BY P.L.105-2023, | |
206 | 961 | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
207 | - | SEA 516 — Concur 6 | |
208 | 962 | JULY 1, 2025]: Sec. 11. (a) After receipt of an application under | |
209 | 963 | section 10 of this chapter, and subject to subsection (b), the Indiana | |
210 | 964 | economic development corporation office may designate a certified | |
211 | 965 | technology park if the corporation office determines that the | |
212 | 966 | application demonstrates a firm commitment from at least one (1) | |
213 | 967 | business engaged in a high technology activity creating a significant | |
214 | 968 | number of jobs and satisfies one (1) or more of the following additional | |
215 | 969 | criteria: | |
216 | 970 | (1) A demonstration of significant support from an institution of | |
217 | 971 | higher education, a private research based institute, or a military | |
218 | 972 | research and development or testing facility on an active United | |
219 | 973 | States government military base or other military installation | |
220 | 974 | located within, or in the vicinity of, the proposed certified | |
221 | 975 | technology park, as evidenced by the following criteria: | |
222 | 976 | (A) Grants of preferences for access to and commercialization | |
223 | 977 | of intellectual property. | |
224 | 978 | (B) Access to laboratory and other facilities owned by or under | |
225 | 979 | the control of the postsecondary educational institution or | |
226 | 980 | private research based institute. | |
227 | 981 | (C) Donations of services. | |
228 | 982 | (D) Access to telecommunications facilities and other | |
229 | 983 | infrastructure. | |
230 | 984 | (E) Financial commitments. | |
231 | 985 | (F) Access to faculty, staff, and students. | |
232 | 986 | (G) Opportunities for adjunct faculty and other types of staff | |
233 | 987 | arrangements or affiliations. | |
988 | + | ES 516—LS 7310/DI 120 24 | |
234 | 989 | (H) Other criteria considered appropriate by the Indiana | |
235 | 990 | economic development corporation. office. | |
236 | 991 | (2) A demonstration of a significant commitment by the | |
237 | 992 | postsecondary educational institution, private research based | |
238 | 993 | institute, or military research and development or testing facility | |
239 | 994 | on an active United States government military base or other | |
240 | 995 | military installation to the commercialization of research | |
241 | 996 | produced at the certified technology park, as evidenced by the | |
242 | 997 | intellectual property and, if applicable, tenure policies that reward | |
243 | 998 | faculty and staff for commercialization and collaboration with | |
244 | 999 | private businesses. | |
245 | 1000 | (3) A demonstration that the proposed certified technology park | |
246 | 1001 | will be developed to take advantage of the unique characteristics | |
247 | 1002 | and specialties offered by the public and private resources | |
248 | 1003 | available in the area in which the proposed certified technology | |
249 | 1004 | park will be located. | |
250 | - | SEA 516 — Concur 7 | |
251 | 1005 | (4) The existence of or proposed development of a business | |
252 | 1006 | incubator within the proposed certified technology park that | |
253 | 1007 | exhibits the following types of resources and organization: | |
254 | 1008 | (A) Significant financial and other types of support from the | |
255 | 1009 | public or private resources in the area in which the proposed | |
256 | 1010 | certified technology park will be located. | |
257 | 1011 | (B) A business plan exhibiting the economic utilization and | |
258 | 1012 | availability of resources and a likelihood of successful | |
259 | 1013 | development of technologies and research into viable business | |
260 | 1014 | enterprises. | |
261 | 1015 | (C) A commitment to the employment of a qualified full-time | |
262 | 1016 | manager to supervise the development and operation of the | |
263 | 1017 | business incubator. | |
264 | 1018 | (5) The existence of a business plan for the proposed certified | |
265 | 1019 | technology park that identifies its objectives in a clearly focused | |
266 | 1020 | and measurable fashion and that addresses the following matters: | |
267 | 1021 | (A) A commitment to new business formation. | |
268 | 1022 | (B) The clustering of businesses, technology, and research. | |
269 | 1023 | (C) The opportunity for and costs of development of properties | |
270 | 1024 | under common ownership or control. | |
271 | 1025 | (D) The availability of and method proposed for development | |
272 | 1026 | of infrastructure and other improvements, including | |
273 | 1027 | telecommunications technology, necessary for the | |
274 | 1028 | development of the proposed certified technology park. | |
275 | 1029 | (E) Assumptions of costs and revenues related to the | |
276 | 1030 | development of the proposed certified technology park. | |
1031 | + | ES 516—LS 7310/DI 120 25 | |
277 | 1032 | (6) A demonstrable and satisfactory assurance that the proposed | |
278 | 1033 | certified technology park can be developed to principally contain | |
279 | 1034 | property that is primarily used for, or will be primarily used for, | |
280 | 1035 | a high technology activity or a business incubator. | |
281 | 1036 | (b) The Indiana economic development corporation office may not | |
282 | 1037 | approve an application that would result in a substantial reduction or | |
283 | 1038 | cessation of operations in another location in Indiana in order to | |
284 | 1039 | relocate them within the certified technology park. The Indiana | |
285 | 1040 | economic development corporation office may designate not more than | |
286 | 1041 | two (2) new certified technology parks during any state fiscal year. The | |
287 | 1042 | designation of a new certified technology park is subject to review and | |
288 | 1043 | approval under section 11.5 of this chapter. | |
289 | 1044 | (c) A certified technology park designated under this section is | |
290 | 1045 | subject to the review of the Indiana economic development corporation | |
291 | 1046 | office and must be recertified: | |
292 | 1047 | (1) every four (4) years, for a recertification occurring before | |
293 | - | SEA 516 — Concur 8 | |
294 | 1048 | January 1, 2018, or after December 31, 2019; and | |
295 | 1049 | (2) every three (3) years, for a recertification occurring after | |
296 | 1050 | December 31, 2017, and before January 1, 2020. | |
297 | 1051 | (d) The corporation office shall develop procedures and the criteria | |
298 | 1052 | to be used in the review required under subsection (c). The procedures | |
299 | 1053 | and criteria must include the metrics developed under subsection (h) | |
300 | 1054 | for measuring the performance of a certified technology park. | |
301 | 1055 | (e) A certified technology park shall furnish to the corporation | |
302 | 1056 | office the following information to be used in the course of the review: | |
303 | 1057 | (1) Total employment and payroll levels for all businesses | |
304 | 1058 | operating within the certified technology park. | |
305 | 1059 | (2) The nature and extent of any technology transfer activity | |
306 | 1060 | occurring within the certified technology park. | |
307 | 1061 | (3) The nature and extent of any nontechnology businesses | |
308 | 1062 | operating within the certified technology park. | |
309 | 1063 | (4) The use and outcomes of any state money made available to | |
310 | 1064 | the certified technology park. | |
311 | 1065 | (5) An analysis of the certified technology park's overall | |
312 | 1066 | contribution to the technology based economy in Indiana. | |
313 | 1067 | (6) The nature and extent of financial support secured by the | |
314 | 1068 | certified technology park from outside sources such as | |
315 | 1069 | philanthropy, federal government, local government, and other | |
316 | 1070 | private or nonprofit sources, and including the nature, type, and | |
317 | 1071 | structure of the funding mechanisms to support the development | |
318 | 1072 | and growth of the certified technology park. | |
319 | 1073 | (7) The nature and extent of incubation services provided to | |
1074 | + | ES 516—LS 7310/DI 120 26 | |
320 | 1075 | businesses consistent with incubation industry best practices, and | |
321 | 1076 | growth or relocations of those businesses outside the certified | |
322 | 1077 | technology park. | |
323 | 1078 | (8) The nature and extent of partnerships undertaken between the | |
324 | 1079 | certified technology park and local and regional organizations in | |
325 | 1080 | pursuit of shared objectives. | |
326 | 1081 | (f) A certified technology park must meet or exceed the minimum | |
327 | 1082 | threshold requirements developed under subsection (h)(2) before the | |
328 | 1083 | certified technology park may be recertified under this section. If a | |
329 | 1084 | certified technology park is not recertified, the Indiana economic | |
330 | 1085 | development corporation office shall send a certified copy of a notice | |
331 | 1086 | of the determination to the county auditor, the department of local | |
332 | 1087 | government finance, and the department of state revenue. | |
333 | 1088 | (g) To the extent allowed under IC 5-14-3, the corporation office | |
334 | 1089 | shall maintain the confidentiality of any information that is: | |
335 | 1090 | (1) submitted as part of the review process under subsection (c); | |
336 | - | SEA 516 — Concur 9 | |
337 | 1091 | and | |
338 | 1092 | (2) marked as confidential; | |
339 | 1093 | by the certified technology park. | |
340 | 1094 | (h) The corporation, office, in conjunction with the office of | |
341 | 1095 | management and budget, shall develop metrics for measuring the | |
342 | 1096 | performance of a certified technology park during the review period for | |
343 | 1097 | recertification under subsection (c). The corporation office shall | |
344 | 1098 | consult with local units of government in developing the metrics under | |
345 | 1099 | this subsection. The metrics shall include at least the following | |
346 | 1100 | elements: | |
347 | 1101 | (1) Specific criteria to be used to analyze and evaluate each | |
348 | 1102 | category of information furnished to the corporation office under | |
349 | 1103 | subsection (e)(1) through (e)(8). | |
350 | 1104 | (2) Minimum threshold requirements for the performance of a | |
351 | 1105 | certified technology park regarding each category of information | |
352 | 1106 | furnished to the corporation office under subsection (e)(1) | |
353 | 1107 | through (e)(8) based on the criteria for the analysis and evaluation | |
354 | 1108 | of the information under subdivision (1). | |
355 | 1109 | (i) The board of the Indiana economic development corporation | |
356 | 1110 | office shall adopt the metrics developed under subsection (h) as part of | |
357 | 1111 | the criteria to be used in the corporation's office's review under | |
358 | 1112 | subsection (c). | |
359 | - | SECTION | |
1113 | + | SECTION 10. IC 36-7-32-11.5, AS ADDED BY P.L.293-2013(ts), | |
360 | 1114 | SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
361 | 1115 | JULY 1, 2025]: Sec. 11.5. (a) If the Indiana economic development | |
362 | 1116 | corporation office desires to designate a certified technology park | |
1117 | + | ES 516—LS 7310/DI 120 27 | |
363 | 1118 | under this chapter, the corporation office shall submit its proposed | |
364 | 1119 | designation to the budget committee for review and recommendation | |
365 | 1120 | to the budget agency. The budget committee shall meet not later than | |
366 | 1121 | sixty (60) days after receipt of the proposed designation and shall make | |
367 | 1122 | a recommendation on the designation to the budget agency. | |
368 | 1123 | (b) When considering the proposed designation of a certified | |
369 | 1124 | technology park by the corporation office under this section, the budget | |
370 | 1125 | committee and the budget agency must make the following findings | |
371 | 1126 | before approving the designation: | |
372 | 1127 | (1) The area to be designated as a certified technology park meets | |
373 | 1128 | the conditions necessary for the designation as a certified | |
374 | 1129 | technology park. | |
375 | 1130 | (2) The designation of the certified technology park will benefit | |
376 | 1131 | the people of Indiana by protecting or increasing state and local | |
377 | 1132 | tax bases and tax revenues for at least the duration of the certified | |
378 | 1133 | technology park. | |
379 | - | SEA 516 — Concur 10 | |
380 | 1134 | (c) The income tax incremental amount and the gross retail | |
381 | 1135 | incremental amount may not be allocated to the certified technology | |
382 | 1136 | park until the designation of the certified technology park is approved | |
383 | 1137 | under this section. | |
384 | - | SECTION | |
1138 | + | SECTION 11. IC 36-7-32-12, AS AMENDED BY P.L.154-2007, | |
385 | 1139 | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
386 | 1140 | JULY 1, 2025]: Sec. 12. A redevelopment commission and the | |
387 | 1141 | legislative body of the unit that established the redevelopment | |
388 | 1142 | commission may enter into an agreement with the Indiana economic | |
389 | 1143 | development corporation office establishing the terms and conditions | |
390 | 1144 | governing a certified technology park designated under section 11 of | |
391 | 1145 | this chapter. Upon designation of the certified technology park under | |
392 | 1146 | the terms of the agreement, the subsequent failure of any party to | |
393 | 1147 | comply with the terms of the agreement may result in the termination | |
394 | 1148 | or rescission of the designation of the area as a certified technology | |
395 | 1149 | park. The agreement must include the following provisions: | |
396 | 1150 | (1) A description of the area to be included within the certified | |
397 | 1151 | technology park. | |
398 | 1152 | (2) Covenants and restrictions, if any, upon all or a part of the | |
399 | 1153 | properties contained within the certified technology park and | |
400 | 1154 | terms of enforcement of any covenants or restrictions. | |
401 | 1155 | (3) The financial commitments of any party to the agreement and | |
402 | 1156 | of any owner or developer of property within the certified | |
403 | 1157 | technology park. | |
404 | 1158 | (4) The terms of any commitment required from a postsecondary | |
405 | 1159 | educational institution or private research based institute for | |
1160 | + | ES 516—LS 7310/DI 120 28 | |
406 | 1161 | support of the operations and activities within the certified | |
407 | 1162 | technology park. | |
408 | 1163 | (5) The terms of enforcement of the agreement, which may | |
409 | 1164 | include the definition of events of default, cure periods, legal and | |
410 | 1165 | equitable remedies and rights, and penalties and damages, actual | |
411 | 1166 | or liquidated, upon the occurrence of an event of default. | |
412 | 1167 | (6) The public facilities to be developed for the certified | |
413 | 1168 | technology park and the costs of those public facilities, as | |
414 | 1169 | approved by the Indiana economic development corporation. | |
415 | 1170 | office. | |
416 | - | SECTION | |
1171 | + | SECTION 12. IC 36-7-32-13, AS AMENDED BY P.L.4-2005, | |
417 | 1172 | SECTION 146, IS AMENDED TO READ AS FOLLOWS | |
418 | 1173 | [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) If the Indiana economic | |
419 | 1174 | development corporation office determines that a sale price or rental | |
420 | 1175 | value at below market rate will assist in increasing employment or | |
421 | 1176 | private investment in a certified technology park, the redevelopment | |
422 | - | SEA 516 — Concur 11 | |
423 | 1177 | commission and the legislative body of the unit may determine the sale | |
424 | 1178 | price or rental value for public facilities owned or developed by the | |
425 | 1179 | redevelopment commission and the unit in the certified technology | |
426 | 1180 | park at below market rate. | |
427 | 1181 | (b) If public facilities developed under an agreement entered into | |
428 | 1182 | under this chapter are conveyed or leased at less than fair market value | |
429 | 1183 | or at below market rates, the terms of the conveyance or lease shall | |
430 | 1184 | include legal and equitable remedies and rights to assure that the public | |
431 | 1185 | facilities are used for high technology activities or as a business | |
432 | 1186 | incubator. Legal and equitable remedies and rights may include | |
433 | 1187 | penalties and actual or liquidated damages. | |
434 | - | SECTION | |
1188 | + | SECTION 13. IC 36-7-32-14, AS AMENDED BY P.L.4-2005, | |
435 | 1189 | SECTION 147, IS AMENDED TO READ AS FOLLOWS | |
436 | 1190 | [EFFECTIVE JULY 1, 2025]: Sec. 14. The Indiana economic | |
437 | 1191 | development corporation office shall market the certified technology | |
438 | 1192 | park. The corporation office and a redevelopment commission may | |
439 | 1193 | contract with each other or any third party for these marketing services. | |
440 | - | SECTION | |
1194 | + | SECTION 14. IC 36-7-32-17.3, AS ADDED BY P.L.123-2024, | |
441 | 1195 | SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
442 | 1196 | JULY 1, 2025]: Sec. 17.3. Notwithstanding any other law, if the | |
443 | 1197 | Indiana economic development corporation office subsequently | |
444 | 1198 | designates territory that is located in an existing allocation area under | |
445 | 1199 | this chapter as an innovation development district under IC 36-7-32.5, | |
446 | 1200 | the allocation area may not be renewed or extended under this chapter | |
447 | 1201 | until the term of the innovation development district expires. | |
448 | - | SECTION 16. IC 36-7-32-20 IS AMENDED TO READ AS | |
1202 | + | SECTION 15. IC 36-7-32-20 IS AMENDED TO READ AS | |
1203 | + | ES 516—LS 7310/DI 120 29 | |
449 | 1204 | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. (a) After entering | |
450 | 1205 | into an agreement under section 12 of this chapter, the redevelopment | |
451 | 1206 | commission shall send to the department of state revenue and to the | |
452 | 1207 | office: | |
453 | 1208 | (1) a certified copy of the designation of the certified technology | |
454 | 1209 | park under section 11 of this chapter; | |
455 | 1210 | (2) a certified copy of the agreement entered into under section 12 | |
456 | 1211 | of this chapter; and | |
457 | 1212 | (3) a complete list of the employers in the certified technology | |
458 | 1213 | park and the street names and the range of street numbers of each | |
459 | 1214 | street in the certified technology park. | |
460 | 1215 | The redevelopment commission shall update the list provided under | |
461 | 1216 | subdivision (3) before July 1 of each year. | |
462 | 1217 | (b) Not later than sixty (60) days after receiving a copy of the | |
463 | 1218 | designation of the certified technology park, the department of state | |
464 | 1219 | revenue shall determine the gross retail base period amount and the | |
465 | - | SEA 516 — Concur 12 | |
466 | 1220 | income tax base period amount. | |
467 | - | SECTION | |
1221 | + | SECTION 16. IC 36-7-32-21, AS AMENDED BY P.L.261-2013, | |
468 | 1222 | SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
469 | 1223 | JULY 1, 2025]: Sec. 21. (a) Before the first business day in October of | |
470 | 1224 | each year, the department of state revenue shall calculate the income | |
471 | 1225 | tax incremental amount and the gross retail incremental amount for the | |
472 | 1226 | preceding state fiscal year for each certified technology park designated | |
473 | 1227 | under this chapter. | |
474 | 1228 | (b) Taxpayers operating in the certified technology park shall report | |
475 | 1229 | annually to the department of state revenue and to the office, in the | |
476 | 1230 | manner and in the form prescribed by the department, information that | |
477 | 1231 | the department determines necessary to calculate the net increment. | |
478 | 1232 | (c) A taxpayer operating in the certified technology park that files | |
479 | 1233 | a consolidated tax return with the department also shall file annually: | |
480 | 1234 | (1) an informational return with the department for each business | |
481 | 1235 | location of the taxpayer within the certified technology park; and | |
482 | 1236 | (2) a copy of the informational return required under | |
483 | 1237 | subdivision (1) with the office. | |
484 | 1238 | (d) If a taxpayer fails to report the information required by this | |
485 | 1239 | section or file an informational return required by this section, the | |
486 | 1240 | department shall use the best information available in calculating the | |
487 | 1241 | income tax incremental amount and the gross retail incremental | |
488 | 1242 | amount. | |
489 | - | SECTION | |
1243 | + | SECTION 17. IC 36-7-32-22, AS AMENDED BY P.L.236-2023, | |
490 | 1244 | SECTION 188, IS AMENDED TO READ AS FOLLOWS | |
491 | 1245 | [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The treasurer of state shall | |
1246 | + | ES 516—LS 7310/DI 120 30 | |
492 | 1247 | establish an incremental tax financing fund for each certified | |
493 | 1248 | technology park designated under this chapter. The fund shall be | |
494 | 1249 | administered by the treasurer of state. Money in the fund does not | |
495 | 1250 | revert to the state general fund at the end of a state fiscal year. | |
496 | 1251 | (b) Subject to subsection (c), the following amounts shall be | |
497 | 1252 | deposited during each state fiscal year in the incremental tax financing | |
498 | 1253 | fund established for a certified technology park under subsection (a): | |
499 | 1254 | (1) The aggregate amount of state gross retail and use taxes that | |
500 | 1255 | are remitted under IC 6-2.5 by businesses operating in the | |
501 | 1256 | certified technology park, until the amount of state gross retail | |
502 | 1257 | and use taxes deposited equals the gross retail incremental | |
503 | 1258 | amount for the certified technology park. | |
504 | 1259 | (2) Except as provided in subdivision (3), the aggregate amount | |
505 | 1260 | of the following taxes paid by employees employed in the | |
506 | 1261 | certified technology park with respect to wages earned for work | |
507 | 1262 | in the certified technology park, until the amount deposited equals | |
508 | - | SEA 516 — Concur 13 | |
509 | 1263 | the income tax incremental amount as defined in section 8.5(1) of | |
510 | 1264 | this chapter: | |
511 | 1265 | (A) The adjusted gross income tax. | |
512 | 1266 | (B) The local income tax (IC 6-3.6). | |
513 | 1267 | (3) In the case of a certified technology park to which subsection | |
514 | 1268 | (e) applies, the amount determined under subsection (e), if any. | |
515 | 1269 | (c) Except as provided in subsections (d) and (e), not more than a | |
516 | 1270 | total of five million dollars ($5,000,000) may be deposited in a | |
517 | 1271 | particular incremental tax financing fund for a certified technology | |
518 | 1272 | park over the life of the certified technology park. | |
519 | 1273 | (d) Except as provided in subsection (e), in the case of a certified | |
520 | 1274 | technology park that is operating under a written agreement entered | |
521 | 1275 | into by two (2) or more redevelopment commissions, and subject to | |
522 | 1276 | section 26(b)(4) of this chapter: | |
523 | 1277 | (1) not more than a total of five million dollars ($5,000,000) may | |
524 | 1278 | be deposited over the life of the certified technology park in the | |
525 | 1279 | incremental tax financing fund of each redevelopment | |
526 | 1280 | commission participating in the operation of the certified | |
527 | 1281 | technology park; and | |
528 | 1282 | (2) the total amount that may be deposited in all incremental tax | |
529 | 1283 | financing funds, over the life of the certified technology park, in | |
530 | 1284 | aggregate, may not exceed the result of: | |
531 | 1285 | (A) five million dollars ($5,000,000); multiplied by | |
532 | 1286 | (B) the number of redevelopment commissions that have | |
533 | 1287 | entered into a written agreement for the operation of the | |
534 | 1288 | certified technology park. | |
1289 | + | ES 516—LS 7310/DI 120 31 | |
535 | 1290 | (e) If a certified technology park has reached the limit on deposits | |
536 | 1291 | under subsection (c) or (d) and maintains its certification under section | |
537 | 1292 | 11(c) of this chapter, the certified technology park shall become a | |
538 | 1293 | Level 2 certified technology park and an additional annual deposit | |
539 | 1294 | amount shall be deposited in the incremental tax financing fund for the | |
540 | 1295 | certified technology park equal to the following: | |
541 | 1296 | (1) For a certified technology park to which subsection (c) | |
542 | 1297 | applies, the lesser of: | |
543 | 1298 | (A) the income tax incremental amount as defined in section | |
544 | 1299 | 8.5(2) of this chapter; or | |
545 | 1300 | (B) two hundred fifty thousand dollars ($250,000). | |
546 | 1301 | (2) For a certified technology park to which subsection (d) | |
547 | 1302 | applies, the lesser of: | |
548 | 1303 | (A) the aggregate income tax incremental amounts as defined | |
549 | 1304 | in section 8.5(2) of this chapter attributable to each | |
550 | 1305 | redevelopment commission that has entered into a written | |
551 | - | SEA 516 — Concur 14 | |
552 | 1306 | agreement for the operation of the certified technology park; | |
553 | 1307 | or | |
554 | 1308 | (B) two hundred fifty thousand dollars ($250,000) multiplied | |
555 | 1309 | by the number of redevelopment commissions that have | |
556 | 1310 | entered into a written agreement for the operation of the | |
557 | 1311 | certified technology park. | |
558 | 1312 | (3) The following apply to deposits under this subsection: | |
559 | 1313 | (A) If a certified technology park reached its limit on deposits | |
560 | 1314 | based on a state fiscal year ending before July 1, 2020, the | |
561 | 1315 | certified technology park shall receive deposits based on the | |
562 | 1316 | income tax incremental amount as defined in section 8.5(2) of | |
563 | 1317 | this chapter for each state fiscal year ending after June 30, | |
564 | 1318 | 2019. | |
565 | 1319 | (B) If a certified technology park reached its limit on deposits | |
566 | 1320 | based on a state fiscal year ending after June 30, 2020, the | |
567 | 1321 | certified technology park shall receive deposits based on the | |
568 | 1322 | income tax incremental amount as defined in section 8.5(2) of | |
569 | 1323 | this chapter for the state fiscal year in which it reached its limit | |
570 | 1324 | on deposits under subsection (c) or (d) and each state fiscal | |
571 | 1325 | year thereafter. | |
572 | 1326 | (C) If a certified technology park is permitted to receive | |
573 | 1327 | deposits under this subsection during the state fiscal year in | |
574 | 1328 | which it reached its limit on deposits under subsection (c) or | |
575 | 1329 | (d), the income tax incremental amount for purposes of | |
576 | 1330 | subdivision (1)(A) or (1)(B) for that state fiscal year shall be | |
577 | 1331 | reduced by an amount equal to: | |
1332 | + | ES 516—LS 7310/DI 120 32 | |
578 | 1333 | (i) the deposit amount for the state fiscal year under | |
579 | 1334 | subsection (b) required to reach the limit on deposits under | |
580 | 1335 | subsection (c) or (d); minus | |
581 | 1336 | (ii) the gross retail incremental amount determined under | |
582 | 1337 | section 6.5 of this chapter; | |
583 | 1338 | but not less than zero (0). | |
584 | 1339 | (f) This subsection applies to a Level 2 certified technology park | |
585 | 1340 | designated in subsection (e). When the Indiana economic development | |
586 | 1341 | corporation office recertifies a certified technology park as required | |
587 | 1342 | under section 11 of this chapter, the corporation office shall make a | |
588 | 1343 | determination of whether the certified technology park shall continue | |
589 | 1344 | to be designated as a Level 2 certified technology park. | |
590 | 1345 | (g) On or before the twentieth day of each month, all amounts held | |
591 | 1346 | in the incremental tax financing fund established for a certified | |
592 | 1347 | technology park shall be distributed to the redevelopment commission | |
593 | 1348 | for deposit in the certified technology park fund established under | |
594 | - | SEA 516 — Concur 15 | |
595 | 1349 | section 23 of this chapter. | |
596 | - | SECTION | |
1350 | + | SECTION 18. IC 36-7-32-29, AS ADDED BY P.L.105-2023, | |
597 | 1351 | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
598 | 1352 | JULY 1, 2025]: Sec. 29. Before January 1, 2024, and before January 1 | |
599 | 1353 | of each even-numbered year thereafter, the Indiana economic | |
600 | 1354 | development corporation office shall submit a report to the budget | |
601 | 1355 | committee that includes at least the following information for each | |
602 | 1356 | certified technology park: | |
603 | 1357 | (1) The total number of businesses located in the certified | |
604 | 1358 | technology park, including the specific number of businesses | |
605 | 1359 | engaged in high technology activity in the certified technology | |
606 | 1360 | park. | |
607 | 1361 | (2) The number of businesses described in subdivision (1) that | |
608 | 1362 | have left the certified technology park and the locations to which | |
609 | 1363 | the businesses moved. | |
610 | 1364 | (3) The number of employees of each business described in | |
611 | 1365 | subdivision (1), and the average annual wage paid to those | |
612 | 1366 | employees. | |
613 | 1367 | (4) The amount of capital investment that each business described | |
614 | - | in subdivision (1) has secured. | |
615 | - | SECTION 20. IC 36-7-32.5-14.5 IS ADDED TO THE INDIANA | |
616 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
617 | - | [EFFECTIVE JULY 1, 2025]: Sec. 14.5. (a) Not later than April 15 | |
618 | - | of each year, the corporation and the executive of a county, city, or | |
619 | - | town in which an innovation development district is designated | |
620 | - | under section 9 of this chapter shall submit a report setting out the | |
621 | - | innovation development district's activities during the preceding | |
622 | - | calendar year to the: | |
623 | - | (1) fiscal body of the county, city, or town; and | |
624 | - | (2) department of local government finance in an electronic | |
625 | - | format. | |
626 | - | (b) The report required under subsection (a) must include the | |
627 | - | following information set forth for each innovation development | |
628 | - | district regarding the previous year: | |
629 | - | (1) Revenues received. | |
630 | - | (2) Expenses paid. | |
631 | - | (3) Fund balances. | |
632 | - | (4) The amount and maturity date for all outstanding | |
633 | - | obligations. | |
634 | - | (5) The amount paid on outstanding obligations. | |
635 | - | (6) A list of all the parcels and the depreciable personal | |
636 | - | property of any designated taxpayer included in each tax | |
637 | - | SEA 516 — Concur 16 | |
638 | - | increment financing district allocation area and the base | |
639 | - | assessed value and incremental assessed value for each parcel | |
640 | - | and the depreciable personal property of any designated | |
641 | - | taxpayer in the list. | |
642 | - | (7) Amounts distributed to cities, towns, counties, or school | |
643 | - | corporations as described in section 19(e) of this chapter. | |
644 | - | SECTION 21. IC 36-7.7-1-2 IS REPEALED [EFFECTIVE UPON | |
645 | - | PASSAGE]. Sec. 2. This article expires July 1, 2025. | |
646 | - | SECTION 22. An emergency is declared for this act. | |
647 | - | SEA 516 — Concur President of the Senate | |
648 | - | President Pro Tempore | |
649 | - | Speaker of the House of Representatives | |
650 | - | Governor of the State of Indiana | |
651 | - | Date: Time: | |
652 | - | SEA 516 — Concur | |
1368 | + | in subdivision (1) has secured.". | |
1369 | + | Renumber all SECTIONS consecutively. | |
1370 | + | and when so amended that said bill do pass. | |
1371 | + | ES 516—LS 7310/DI 120 33 | |
1372 | + | (Reference is to SB 516 as reprinted February 18, 2025.) | |
1373 | + | THOMPSON | |
1374 | + | Committee Vote: yeas 23, nays 0. | |
1375 | + | ES 516—LS 7310/DI 120 |