January 12, 2004, read first time and referred to Committee on Commerce and Consumer
Affairs.
January 29, 2004, amended, reported favorably _ Do Pass.
January 30, 2004
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2003 Regular Session of the General Assembly.
SENATE BILL No. 434
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:
SECTION 1. IC 36-7-31.3-9, AS AMENDED BY P.L.178-2002,
SECTION 127, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) A tax area must be
initially established by resolution:
(1) except as provided in subdivision subdivisions (2) and (3),
before July 1, 1999; or
(2) except as provided in subdivision (3), in the case of a second
class city, before July 1, 2003; or
(3) for the city of Richmond, before January 1, 2005;
according to the procedures set forth for the establishment of an
economic development area under IC 36-7-14. A tax area may be
changed or the terms governing the tax area revised in the same manner
as the establishment of the initial tax area. Only one (1) tax area may
be created in each county.
(b) In establishing the tax area, the designating body must make the
following findings instead of the findings required for the
establishment of economic development areas:
(1) Except for a tax area in a city having a population of:
(A) more than one hundred fifty thousand (150,000) but less
than five hundred thousand (500,000); or
(B) more than ninety thousand (90,000) but less than one
hundred five thousand (105,000);
there is a capital improvement that will be undertaken or has been
undertaken in the tax area for a facility that is used by a
professional sports franchise for practice or competitive sporting
events. A tax area to which this subdivision applies may also
include a capital improvement that will be undertaken or has been
undertaken in the tax area for a facility that is used for any
purpose specified in section 8(a)(2) of this chapter.
(2) For a tax area in a city having a population of more than one
hundred fifty thousand (150,000) but less than five hundred
thousand (500,000), there is a capital improvement that will be
undertaken or has been undertaken in the tax area for a facility
that is used for any purpose specified in section 8(a) of this
chapter.
(3) For a tax area in a city having a population of more than
ninety thousand (90,000) but less than one hundred five thousand
(105,000), there is a capital improvement that will be undertaken
or has been undertaken in the tax area for a facility that is used for
any purpose specified in section 8(a)(2) of this chapter.
(4) The capital improvement that will be undertaken or that has
been undertaken in the tax area will benefit the public health and
welfare and will be of public utility and benefit.
(5) The capital improvement that will be undertaken or that has
been undertaken in the tax area will protect or increase state and
local tax bases and tax revenues.
(c) The tax area established under this chapter is a special taxing
district authorized by the general assembly to enable the designating
body to provide special benefits to taxpayers in the tax area by
promoting economic development that is of public use and benefit.
SECTION 2. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "tax area" has the meaning set forth in IC 36-7-31.3-6.
(b) The general assembly finds that there is a greater likelihood
of success in achieving professional sports economic development
if the local jurisdiction has sufficient population to support a
professional sports franchise as evidenced by consistent attendance
at the facility before the extension of the tax benefit. In this act, the
general assembly extends the time frame for establishing a tax area
to the city of Richmond based on the general assembly's
determination that the city's success in collecting retail taxes
associated with the sporting event attendance will provide a solid
foundation to increased taxes in support of the tax area.
(c) This SECTION expires January 1, 2006.
SECTION 3. An emergency is declared for this act.