Citations Affected: IC 36-7-34.
Synopsis: Mesker Park Zoo tax area. Allows Vanderburgh County to
designate the Mesker Park Zoo development tax area covering certain
facilities. Requires the area to be established before July 1, 2006, and
provides that the area terminates not later than December 31, 2035.
Provides that covered taxes earned in the tax area are allocated to the
Mesker Park Zoo account. Provides that money in the account may be
used only for: (1) a Mesker Park Zoo capital improvement; or (2) the
financing or refinancing of a capital improvement.
Effective: July 1, 2005.
January 18, 2005, read first time and referred to Committee on Local Government.
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
state and local taxes on salary, wages, bonuses, or other
compensation that is:
(1) paid during a taxable year to an employee of Mesker Park
Zoo;
(2) taxable in Indiana; and
(3) earned in the tax area;
must be allocated to the tax area.
(c) The total amount of state revenue captured by the tax area
may not exceed five dollars ($5) per resident of the county per year
for twenty (20) consecutive years.
(d) The resolution establishing the tax area must designate the
facility or proposed facility for which the tax area is established.
(e) The department may adopt rules under IC 4-22-2 and
written guidelines to govern the allocation of covered taxes to a tax
area.
Sec. 11. Upon adoption of a resolution establishing a tax area
under section 10 of this chapter, the county legislative body shall
submit the resolution to the budget committee for review and
recommendation to the budget agency.
Sec. 12. (a) The budget agency must approve a resolution
adopted under section 10 of this chapter before covered taxes may
be allocated.
(b) When considering a resolution, the budget committee and
the budget agency must make the following findings:
(1) The cost of the facility specified under the resolution
exceeds ten thousand dollars ($10,000).
(2) The capital improvement specified by the resolution is
economically sound and will benefit the people of Indiana.
(3) Vanderburgh County has committed significant resources
toward completion of the improvement.
Sec. 13. Whenever the county legislative body adopts an
allocation provision under section 10 of this chapter, the county
fiscal officer shall notify the department by certified mail of the
adoption of the provision and shall include with the notification a
complete list of the following:
(1) Employers in the tax area.
(2) Street names and the range of street numbers of each
street in the tax area.
The county fiscal officer shall update the list before July 1 of each
year.
Sec. 14. If a tax area is established under section 10 of this
chapter, an account within the state general fund known as the
Mesker Park Zoo account is established for the tax area. The
account shall be administered by the department. Money in the
account does not revert to the state general fund at the end of a
state fiscal year.
Sec. 15. Covered taxes attributable to a taxing area under
section 10 of this chapter shall be deposited in the Mesker Park
Zoo account.
Sec. 16. On or before the twentieth day of each month, all
amounts held in the Mesker Park Zoo account shall be distributed
to the county fiscal officer.
Sec. 17. The department shall notify the county fiscal officer of
the amount of taxes to be distributed to the county fiscal officer
under this chapter.
Sec. 18. All distributions from the Mesker Park Zoo account
shall be made by warrants issued by the auditor of state to the
treasurer of state ordering those payments to the county fiscal
officer.
Sec. 19. The resolution adopted under section 10 of this chapter
establishing the tax area must designate the use of money in the
account. Money in the account may be used only for:
(1) a capital improvement that is part of Mesker Park Zoo; or
(2) the financing or refinancing of a capital improvement
described in subdivision (1) or the payment of lease payments
for a capital improvement described in subdivision (1).
Sec. 20. The county legislative body shall repay to the Mesker
Park Zoo account any amount that is distributed to the county
legislative body and used for:
(1) a purpose that is not described in this chapter; or
(2) a facility other than the facility to which covered taxes are
designated under the resolution adopted under section 10 of
this chapter.
The department shall distribute the covered taxes repaid to the
Mesker Park Zoo account under this section proportionately to the
funds and the political subdivisions that would have received the
covered taxes if the covered taxes had not been allocated to the tax
area under this chapter.
Sec. 21. This chapter expires December 31, 2035.