February 13, 2009
HOUSE BILL No. 1654
_____
DIGEST OF HB 1654
(Updated February 11, 2009 3:40 pm - DI 103)
Citations Affected: IC 8-22.
Synopsis: Anderson airport development zone. Provides that the
Anderson airport area may be designated an airport development zone
by the Anderson airport board.
Effective: July 1, 2009.
Austin
, Lutz
January 16, 2009, read first time and referred to Committee on Small Business and
Economic Development.
February 12, 2009, reported _ Do Pass. Referred to Committee on Ways and Means
pursuant to Rule 127.
February 13, 2009
First Regular Session 116th General Assembly (2009)
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HOUSE BILL No. 1654
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-22-3.5-1; (09)HB1654.1.1. -->
SECTION 1. IC 8-22-3.5-1, AS AMENDED BY P.L.124-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. This chapter applies to the following:
(1) Each county having a consolidated city.
(2) Each city having a population of more than ninety thousand
(90,000) but less than one hundred five thousand (105,000).
(3) Each county having a population of more than one hundred
five thousand (105,000) but less than one hundred ten thousand
(110,000).
(4) Each county having a population of more than three hundred
thousand (300,000) but less than four hundred thousand
(400,000).
(5) Each county having a population of more than one hundred
seventy thousand (170,000) but less than one hundred eighty
thousand (180,000).
(6) Each county having a population of more than one hundred
eighteen thousand (118,000) but less than one hundred twenty
thousand (120,000).
(7) Each city having a population of more than fifty-nine
thousand seven hundred (59,700) but less than sixty-five
thousand (65,000).
SOURCE: IC 8-22-3.5-2; (09)HB1654.1.2. -->
SECTION 2. IC 8-22-3.5-2, AS AMENDED BY P.L.124-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. As used in this chapter, "commission" refers to
the following:
(1) With respect to a county having a consolidated city, the
metropolitan development commission acting as the
redevelopment commission of the consolidated city, subject to
IC 36-3-4-23.
(2) With respect to a city described in section 1(2) of this chapter,
the board of the airport authority for the city.
(3) With respect to a county described in section 1(3) of this
chapter, the board of an airport authority that is jointly established
by the county and a municipality under IC 8-22-3.
(4) With respect to a county described in section 1(4) or 1(5) of
this chapter, the board of an airport authority that is jointly
established by the county and a municipality under IC 8-22-3.
(5) With respect to a county described in section 1(6) of this
chapter, the board of an airport authority that is established by the
county.
(6) With respect to a city described in section 1(7) of this
chapter, the airport board for the city.
SOURCE: IC 8-22-3.5-2.5; (09)HB1654.1.3. -->
SECTION 3. IC 8-22-3.5-2.5, AS AMENDED BY P.L.124-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2.5. Notwithstanding IC 8-22-1-6, as used in this
chapter, "eligible entity" refers to any of the following:
(1) A consolidated city.
(2) A city described in section 1(2) of this chapter.
(3) A city in a county described in section 1(3) of this chapter.
(4) A county described in section 1(4) of this chapter.
(5) A city located in a county described in section 1(4) of this
chapter.
(6) A county described in section 1(5) of this chapter.
(7) A city located in a county described in section 1(5) of this
chapter.
(8) A county described in section 1(6) of this chapter.
(9) A city described in section 1(7) of this chapter.
SOURCE: IC 8-22-3.5-3; (09)HB1654.1.4. -->
SECTION 4. IC 8-22-3.5-3, AS AMENDED BY P.L.124-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. (a) As used in this chapter, "qualified airport
development project" means an airport development project that has a
cost of the project (as defined in IC 4-4-10.9-5) greater than:
(1) five hundred million dollars ($500,000,000), if the project is
to be located in a county having a consolidated city; or
(2) two hundred fifty thousand dollars ($250,000), if the project
is to be located in:
(A) a city described in section 1(2) or 1(7) of this chapter; or
(B) in a county described in section 1(3), 1(4), 1(5), or 1(6) of
this chapter.
Except as provided by subsection (b), the term includes any portion or
expansion of the original qualified airport development project used by
one (1) or more successor tenants.
(b) For purposes of section 9 of this chapter, the definition of
"qualified airport development project" does not include any portion of,
or expansion of, the original qualified airport development project used
by a successor tenant unless the commission adopts a resolution to
amend the definition to include that portion or expansion.
SOURCE: IC 8-22-3.5-5; (09)HB1654.1.5. -->
SECTION 5. IC 8-22-3.5-5, AS AMENDED BY P.L.124-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 5. (a) The commission may designate an area
within the jurisdiction of an airport authority under IC 8-22-3 as an
airport development zone if the commission finds by resolution the
following:
(1) In order to promote opportunities for the gainful employment
of the citizens of the eligible entity and the attraction of a
qualified airport development project to the eligible entity, an area
under the jurisdiction of the airport authority should be declared
an airport development zone.
(2) The public health and welfare of the eligible entity will be
benefited by designating the area as an airport development zone.
(b) If the airport development zone will be located in a consolidated
city or in a county described in section 1(3), 1(4), 1(5), or 1(6) of this
chapter, the resolution adopted under subsection (a) must also include
a finding that there has been proposed a qualified airport development
project to be located in the airport development zone, with the proposal
supported by:
(1) financial and economic data; and
(2) preliminary commitments by business enterprises that
evidence a reasonable likelihood that the proposed qualified
airport development project will be initiated and accomplished.
(c) If the airport development zone will be located in a city
described in:
(1) section 1(2) of this chapter, the resolution adopted under
subsection (a) must also include findings stating that the most
recent federal decennial census for the city indicates that: the
following:
(1) (A) The unemployment rate for the city is at least thirteen
percent (13%).
(2) (B) The population of the city has decreased by at least ten
percent (10%) as compared to the population reported in the
preceding federal decennial census for the city.
(3) (C) The median per capita income for city residents does
not exceed eighty percent (80%) of the median per capita
income for all residents of the United States. and
(4) (D) At least twenty-five percent (25%) of the population of
the city is below the federal income poverty level (as defined
in IC 12-15-2-1); or
(2) section 1(7) of this chapter, the resolution adopted under
subsection (a) must also include findings stating the following:
(A) There has been proposed a qualified airport
development project to be located in the airport
development zone, with the proposal supported by:
(i) financial and economic data; and
(ii) preliminary commitments by business enterprises
that evidence a reasonable likelihood that the proposed
qualified airport development project will be initiated
and accomplished.
(B) The city has Interstate Highway 69 serving the airport
and the city's residents and facilitating commerce and free
travel within and through the Midwestern United States.
(d) The resolution adopted under subsection (a) must describe the
boundaries of the area. The description may be by reference to the
area's location in relation to public ways or streams, or otherwise, as
determined by the commission.
(e) If the airport development zone will be located in a county
described in section 1(4), 1(5), or 1(6) of this chapter, the resolution
adopted under subsection (a) and any qualified airport development
project to be located in the airport development zone, must be approved
by the executive of:
(1) the county, if the entire airport development zone or qualified
airport development project will be located outside the boundaries
of any municipality located in the county;
(2) a municipality located in the county, if the entire airport
development zone or qualified airport development project will
be located within the boundary of the municipality; or
(3) the county and a municipality located in the county, if the
airport development zone or qualified airport development project
will be located within the boundary of the county and in part
within the boundary of the municipality.
SOURCE: IC 8-22-3.5-14; (09)HB1654.1.6. -->
SECTION 6. IC 8-22-3.5-14, AS AMENDED BY P.L.146-2008,
SECTION 366, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 14. (a) This section applies only to
an airport development zone that is in a:
(1) city described in section 1(2)
or 1(7) of this chapter; or
(2) county described in section 1(3), 1(4), or 1(6) of this chapter.
(b) Notwithstanding any other law, a business or an employee of a
business that is located in an airport development zone is entitled to the
benefits provided by the following statutes, as if the business were
located in an enterprise zone:
(1) IC 6-3-2-8.
(2) IC 6-3-3-10.
(3) IC 6-3.1-7.
(4) IC 6-3.1-9.
(5) IC 6-3.1-10-6.
(c) Before June 1 of each year, a business described in subsection
(b) must pay a fee equal to the amount of the fee that is required for
enterprise zone businesses under IC 5-28-15-5(a)(4)(A). However,
notwithstanding IC 5-28-15-5(a)(4)(A), the fee shall be paid into the
debt service fund established under section 9(e)(2) of this chapter. If
the commission determines that a business has failed to pay the fee
required by this subsection, the business is not eligible for any of the
benefits described in subsection (b).
(d) A business that receives any of the benefits described in
subsection (b) must use all of those benefits, except for the amount of
the fee required by subsection (c), for its property or employees in the
airport development zone and to assist the commission. If the
commission determines that a business has failed to use its benefits in
the manner required by this subsection, the business is not eligible for
any of the benefits described in subsection (b).
(e) If the commission determines that a business has failed to pay
the fee required by subsection (c) or has failed to use benefits in the
manner required by subsection (d), the commission shall provide
written notice of the determination to the department of state revenue,
the department of local government finance, and the county auditor.