February 17, 2009
HOUSE BILL No. 1604
_____
DIGEST OF HB 1604
(Updated February 16, 2009 11:38 pm - DI 113)
Citations Affected: IC 6-9; IC 36-10.
Synopsis: Local taxes. Changes the name of the Fort Wayne-Allen
county convention and tourism authority to the Allen County-Fort
Wayne capital improvement board of managers. Transfers any excess
Allen County food and beverage tax revenue that is not needed to pay
obligations (bond, loan, or lease) in existence on January 1, 2009, to
the Allen County-Fort Wayne capital improvement board. Provides that
the board must deposit the amount transferred into a reserve account,
where it must be held for 12 months. Allows the board to transfer
interest on the reserve account and amounts on deposit for more than
12 months to the board's capital improvement fund. Provides that, after
June 30, 2009, the board must approve any food and beverage tax
pledge for bonds, loans, or leases. Requires the executive director of
the Allen County Memorial Coliseum to file an annual report of
operations with the capital improvement board on or before December
31 each year. Requires the executive manager of the capital
improvement board to file an annual report of operations with the
capital improvement board on or before December 31 each year.
Provides that the part of the Vanderburgh County innkeeper's tax rate
that is dedicated to pay the operating expenses of a convention center
is reduced from 2% to 1% after December 31, 2014 (rather than after
December 31, 2009, under current law). Provides for a corresponding
delay in the increase in the part of the Vanderburgh County innkeeper's
(Continued next page)
Effective: July 1, 2009.
GiaQuinta
, Borror
, Moses
, Bell
January 16, 2009, read first time and referred to Committee on Local Government.
February 10, 2009, amended, reported _ Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 17, 2009, amended, reported _ Do Pass.
Digest Continued
tax rate that is deposited in the tourism capital improvement fund.
Specifies that if the Vanderburgh County council adopts a resolution
providing that the Vanderburgh County food and beverage tax should
be continued to finance the acquisition, construction, and equipping of
an arena and other facilities that serve or support the arena activities,
any excess food and beverage tax revenue that is not needed to pay any
bonds, leases, or other obligations for a convention center shall be
transferred to the fiscal officer of the largest municipality in the county.
Requires the municipal fiscal officer to deposit the excess food and
beverage tax revenue in a municipal arena fund. Provides that money
in the municipal arena fund shall be used by the largest municipality in
the county for financing the acquisition, construction, and equipping of
an arena and other facilities that serve or support the arena activities.
Specifies that if the Vanderburgh County council adopts a resolution
providing that the Vanderburgh County food and beverage tax should
be continued to finance the acquisition, construction, and equipping of
an arena and other facilities that serve or support the arena activities,
the food and beverage tax: (1) does not terminate after the last of the
bonds issued to finance improvements to a county auditorium or
auditorium renovations, and the last of any bonds issued to refund
those bonds, have been completely paid; and (2) continues until the last
of the bonds issued to finance the acquisition, construction, and
equipping of the arena and other facilities that serve or support the
arena activities, and the last of any bonds issued to refund those bonds,
have been completely paid. Repeals superseded provisions of the Allen
County food and beverage tax. Repeals provisions specifying that the
amounts received from the Vanderburgh County food and beverage tax
shall be used to pay bonds issued to finance the construction of an
airport terminal.
February 17, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1604
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 6-9-2.5-7.5; (09)HB1604.2.1. -->
SECTION 1. IC 6-9-2.5-7.5, AS AMENDED BY P.L.224-2007,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7.5. (a) The county treasurer shall establish a
tourism capital improvement fund.
(b) The county treasurer shall deposit money in the tourism capital
improvement fund as follows:
(1) Before January 1, 2010, 2015, the county treasurer shall
deposit in the tourism capital improvement fund the amount of
money received under section 6 of this chapter that is generated
by a three and one-half percent (3.5%) rate.
(2) After December 31, 2009, 2014, the county treasurer shall
deposit in the tourism capital improvement fund the amount of
money received under section 6 of this chapter that is generated
by a four and one-half percent (4.5%) rate.
(c) The commission may transfer money in the tourism capital
improvement fund to:
(1) the county government, a city government, or a separate body
corporate and politic in a county described in section 1 of this
chapter; or
(2) any Indiana nonprofit corporation;
for the purpose of making capital improvements in the county that
promote conventions, tourism, or recreation. The commission may
transfer money under this section only after approving the transfer.
Transfers shall be made quarterly or less frequently under this section.
SOURCE: IC 6-9-2.5-7.7; (09)HB1604.2.2. -->
SECTION 2. IC 6-9-2.5-7.7, AS AMENDED BY P.L.168-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7.7. (a) The county treasurer shall establish a
convention center operating fund.
(b) Before January 1, 2010, 2015, the county treasurer shall deposit
in the convention center operating fund the amount of money received
under section 6 of this chapter that is generated by a two percent (2%)
rate. Money in the fund must be expended for the operating expenses
of a convention center.
(c) After December 31, 2009, 2014, the county treasurer shall
deposit in the convention center operating fund the amount of money
received under section 6 of this chapter that is generated by a one
percent (1%) rate. Money in the fund must be expended for the
operating expenses of a convention center with the unused balance
transferred on January 1 of each year to the tourism capital
improvement fund.
SOURCE: IC 6-9-20-3; (09)HB1604.2.3. -->
SECTION 3. IC 6-9-20-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The fiscal body of the county
may adopt an ordinance to impose an excise tax, known as the county
food and beverage tax, on those transactions described in section 4 of
this chapter.
(b) If a fiscal body adopts an ordinance under subsection (a), it shall
immediately send a certified copy of the ordinance to the commissioner
of the department of state revenue.
(c) If a fiscal body adopts an ordinance under subsection (a), the
county food and beverage tax applies to transactions that occur after the
last day of the month that succeeds the month in which the ordinance
was adopted.
(d) The tax terminates in a county on January 1 of the year
immediately following the year in which the last of the bonds issued to
finance the construction of an airport terminal and the last of any bonds
issued to refund those bonds have been completely paid as to both
principal and interest.
(e) Notwithstanding subsection (d), (d) Except as provided in
subsection (e), if the county fiscal body determines that the tax under
this chapter should be continued in order to finance improvements to
a county auditorium or auditorium renovation resulting in a new
convention center and related parking facilities, the tax does not
terminate as specified in subsection (d) but instead continues until
January 1 of the year following the year in which the last of the bonds
issued to finance improvements to a county auditorium or auditorium
renovation resulting in a new convention center and related parking
facilities, and the last of any bonds issued to refund those bonds, have
been completely paid or defeased as to both principal and interest. An
action to contest the validity of the determination under this subsection
must be instituted not more than thirty (30) days after the
determination.
(e) Notwithstanding subsection (d), if the county fiscal body
determines that the tax under this chapter should be continued to
finance the acquisition, construction, and equipping of an arena
and other facilities that serve or support the arena activities, the
tax does not terminate as specified in subsection (d) but continues
until January 1 of the year following the year in which the last of
the bonds issued to finance the acquisition, construction, and
equipping of the arena and other facilities that serve or support the
arena activities, and the last of any bonds issued to refund those
bonds, have been completely paid or defeased as to both principal
and interest. An action to contest the validity of the determination
under this subsection must be instituted not more than thirty (30)
days after the determination.
SOURCE: IC 6-9-20-7.5; (09)HB1604.2.4. -->
SECTION 4. IC 6-9-20-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7.5. If:
(1) the treasurer of the airport authority has certified to the
treasurer of state that the last of the bonds issued to finance the
construction of an airport terminal and the last of any bonds
issued to refund those bonds have been completely paid as to both
principal and interest; and
(2) the county fiscal body has determined to continue the tax to
finance improvements to a county auditorium or auditorium
renovation resulting in a new convention center and related
parking facilities
or to finance the acquisition, construction,
and equipping of an arena and other facilities that serve or
support the arena activities;
the amounts received from the taxes imposed under this chapter shall
be paid monthly by the treasurer of state to the county treasurer
under
section 8.5 of this chapter or the fiscal officer of the largest
municipality in the county under section 9.5 of this chapter upon
warrants issued by the auditor of state.
SOURCE: IC 6-9-20-8.5; (09)HB1604.2.5. -->
SECTION 5. IC 6-9-20-8.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8.5. (a) If the tax
imposed under section 3 of this chapter is continued to finance
improvements to the county auditorium or auditorium renovation
resulting in a new convention center and related parking facilities, the
county treasurer shall establish an auditorium fund.
(b) Except as provided in sections 8.8 and 9.5 of this chapter, the
county treasurer shall deposit in this fund all amounts received under
this chapter.
(c) Any money earned from the investment of money in the fund
becomes a part of the fund.
(d) Money in the fund shall be used by the county for the financing,
construction, renovation, improvement, and equipping of a county
auditorium or auditorium renovation resulting in a new convention
center and related parking facilities.
SOURCE: IC 6-9-20-8.8; (09)HB1604.2.6. -->
SECTION 6. IC 6-9-20-8.8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 8.8. (a) If the tax imposed under section 3 of this
chapter is continued to finance the acquisition, construction, and
equipping of an arena and other facilities that serve or support the
arena activities, the county treasurer shall determine whether
there is any food and beverage tax revenue under this chapter that
is not required to be deposited and held to:
(1) pay any debt service on bonds issued or rentals on leases
entered into by January 1, 2009, for which a pledge of
revenues of the food and beverage tax has been made by the
county as set forth in section 8.7 of this chapter; or
(2) provide for a debt service reserve related to the bonds or
leases described in subdivision (1).
(b) Before the twentieth day of each month, the county treasurer
shall determine whether there is excess food and beverage tax
revenue under subsection (a) and by the last day of that month
transfer the excess food and beverage tax revenue to the fiscal
officer of the largest municipality in the county. The municipal
fiscal officer shall deposit the excess food and beverage tax revenue
in a municipal arena fund. Any money earned from the investment
of money in the municipal arena fund becomes a part of the
municipal arena fund. Money in the municipal arena fund shall be
used by the largest municipality in the county for financing the
acquisition, construction, and equipping of an arena and other
facilities that serve or support the arena activities. This money
shall be retained in the municipal arena fund until applied or
transferred to another fund pledged to the payment of debt service
on bonds, rent on leases, or other obligations incurred to finance
the facilities.
SOURCE: IC 6-9-20-8.9; (09)HB1604.2.7. -->
SECTION 7. IC 6-9-20-8.9 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 8.9. (a) If the tax imposed under section 3 of this
chapter is continued to finance the acquisition, construction, and
equipping of an arena and other facilities that serve or support the
arena activities, the largest municipality in the county may issue
bonds, enter into leases, or incur other obligations to:
(1) pay any costs associated with the financing, acquisition,
construction, and equipping of the arena and other facilities
that serve or support the arena activities; or
(2) refund bonds issued or other obligations incurred under
this chapter so long as any bonds issued or other obligations
incurred to refund bonds or retire other obligations do not
extend the date when the previous bonds or other obligations
will be completely paid as to principal and interest.
(b) Bonds issued or other obligations incurred under this
section:
(1) are payable from money provided in this chapter, any
other revenues available to the municipality, or any
combination of these sources;
(2) must be issued in the manner prescribed by IC 36-4-6-19
through IC 36-4-6-20;
(3) may not have a term ending more than thirty (30) years
after the first February 1 following the date on which
construction of the arena and other facilities that serve or
support the arena activities is estimated to be completed;
(4) may be payable at any regular designated intervals and
may be paid in unequal amounts if the municipality
reasonably expects to pay the debt service from funds other
than property taxes that are exempt from the levy limitations
of IC 6-1.1-18.5 (even if the municipality has pledged to levy
property taxes to pay the debt service if those other funds are
insufficient); and
(5) may, in the discretion of the municipality, be sold at a
negotiated sale at a price to be determined by the municipality
or in accordance with IC 5-1-11 and IC 5-3-1.
(c) Leases entered into under this section:
(1) may be for a term ending not later than thirty (30) years
after the first February 1 following the date on which
construction of the arena and other facilities that serve or
support the arena activities is estimated to be completed;
(2) may be payable at any regular designated intervals and
may be paid in unequal amounts if the municipality
reasonably expects to pay the lease rentals from funds other
than property taxes that are exempt from the levy limitations
of IC 6-1.1-18.5 (even if the municipality has pledged to levy
property taxes to pay the lease rentals if those other funds are
insufficient);
(3) may provide for payments from revenues under this
chapter, any other revenues available to the municipality, or
any combination of these sources;
(4) may provide that payments by the municipality to the
lessor are required only to the extent and only for the time
that the lessor is able to provide the leased facilities in
accordance with the lease;
(5) must be based upon the value of the facilities leased; and
(6) may not create a debt of the municipality for purposes of
the Constitution of the State of Indiana.
(d) A lease may be entered into by the municipal executive after
a public hearing of the municipal fiscal body at which all interested
parties are provided the opportunity to be heard. After the public
hearing, the municipal executive may approve the execution of the
lease on behalf of the municipality only if:
(1) the municipal executive finds that the service to be
provided throughout the life of the lease will serve the public
purpose of the municipality and is in the best interests of its
residents; and
(2) the lease is approved by an ordinance of the municipal
fiscal body.
(e) An action to contest the validity of bonds issued or leases
entered into under this section must be brought not later than
thirty (30) days after the adoption of a bond ordinance or the
municipal executive's action approving the execution of the lease.
(f) Notwithstanding the provisions of this chapter or any other
law, instead of issuing bonds, entering into leases, or incurring
obligations in whole or in part under this chapter, the largest
municipality in the county may cause bonds to be issued, leases to
be entered into, or obligations to be incurred under this subsection
to finance the acquisition, construction, and equipping of an arena
and other facilities that serve or support the arena. The bonds,
leases, or obligations:
(1) must be issued, entered, or incurred by any special taxing
district, agency, department, or instrumentality of or in the
municipality, under any other law by which bonds may be
issued, leases may be entered, or obligations incurred;
(2) must be payable from money provided under this chapter,
from any other revenues available to the municipality or any
special taxing district, agency, department, or instrumentality
of or in the municipality, or any combination of these sources;
(3) must have a term ending not later than thirty (30) years
after the first February 1 following the date on which
construction of the arena and other facilities that serve or
support the arena activities is estimated to be completed; and
(4) may be payable at any regular designated intervals and
may be paid in unequal amounts if the municipality, special
taxing district, agency, department, or instrumentality of or
in the municipality reasonably expects to pay the debt service
or lease rentals from funds other than property taxes that are
exempt from the levy limitations of IC 6-1.1-18.5 (even if the
municipality or any special taxing district, agency,
department, or instrumentality of or in the municipality has
pledged to levy property taxes to pay the debt service or lease
rentals if those other funds are insufficient).
SOURCE: IC 6-9-20-9; (09)HB1604.2.8. -->
SECTION 8. IC 6-9-20-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 9. With respect to
(1) bonds for which a pledge of airport authority revenues has
been made by the airport authority, the Indiana general assembly
covenants with the airport authority and the purchasers of those
bonds that:
(A) this chapter will not be repealed or amended in any
manner that will adversely affect the imposition or collection
of the tax imposed by this chapter; and
(B) this chapter will not be amended in any manner that will
change the purpose for which revenues from the tax imposed
by this chapter may be used;
as long as the principal of or interest on any of those bonds is
unpaid; and
(2) bonds, leases, or other obligations for which a pledge of
revenues of the food and beverage tax imposed under this chapter
has been made by the county as set forth in section 8.7
or 8.9 of
this chapter, and bonds issued by a lessor that are payable from
lease rentals, the general assembly covenants with the county,
the
largest municipality in the county, and the purchasers or owners
of the bonds or other obligations described in this subdivision that
this chapter will not be repealed or amended in any manner that
will adversely affect the imposition or collection of the food and
beverage tax imposed by this chapter as long as the principal of
any bonds, the interest on any bonds, or the lease rentals due
under any lease are unpaid.
SOURCE: IC 6-9-20-9.5; (09)HB1604.2.9. -->
SECTION 9. IC 6-9-20-9.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 9.5. If:
(1) the county treasurer has certified to the treasurer of state
that:
(A) the last of the bonds issued to finance the
improvements to a county auditorium or auditorium
renovation resulting in a new convention center and
related parking facilities; and
(B) the last of any bonds issued to refund the bonds
referred to in clause (A);
have been completely paid or defeased as to both principal
and interest; and
(2) the county fiscal body has made a determination to
continue the tax to finance the acquisition, construction, and
equipping of an arena and other facilities that serve or
support the arena activities;
the amounts received from the taxes imposed under this chapter
shall be paid monthly by the treasurer of state to the fiscal officer
of the largest municipality in the county upon warrants issued by
the auditor of state. The fiscal officer shall deposit any amounts
received under this section in the municipal arena fund.
SOURCE: IC 6-9-20-11; (09)HB1604.2.10. -->
SECTION 10. IC 6-9-20-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. The financing of:
(1) improvements to a county auditorium or auditorium
renovation resulting in a new convention center and related
parking facilities; and
(2) the acquisition, construction, and equipping of an arena
and other facilities that serve or support the arena activities;
serves a public purpose and is of benefit to the general welfare of the
county by enhancing cultural activities and improving the quality of life
in the county and encouraging investment, economic growth, and
diversity.
SOURCE: IC 6-9-33-5; (09)HB1604.2.11. -->
SECTION 11. IC 6-9-33-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. The county
supplemental food and beverage tax imposed on a food or beverage
transaction described in section 4 of this chapter may not exceed one
percent (1%) of the gross retail income received by the merchant from
the transaction. For purposes of this chapter, the gross retail income
received by the retail merchant from such a transaction does not
include the amount of tax imposed on the transaction under IC 6-2.5.
or IC 6-9-23.
SOURCE: IC 6-9-33-8; (09)HB1604.2.12. -->
SECTION 12. IC 6-9-33-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) If a tax is
imposed under section 3 of this chapter, the county treasurer shall
establish a supplemental coliseum improvement fund. The county
treasurer shall deposit in this fund all amounts received from the tax
imposed under this chapter. Money in this fund:
(1) may be appropriated only
(1) for acquisition, improvement, remodeling, or expansion of; or
(2) to retire or advance refund bonds issued, loans obtained, or
lease payments incurred under IC 36-1-10 (referred to in this
chapter as "obligations") to remodel, expand, improve, or acquire
an athletic and exhibition coliseum in existence before the
effective date of an ordinance adopted under section 3 of this
chapter, with respect to obligations for which a pledge of
revenue received under this chapter was made before January
1, 2009; and
(2) shall be used to make transfers required by subsection (b).
(b) There is established a food and beverage tax reserve account
to be administered by the capital improvement board of managers
(IC 36-10-8). Any money deposited in the supplemental coliseum
improvement fund after June 30, 2009, that is not needed in a year
to make payments on obligations for which a pledge of revenue
under this chapter was made before January 1, 2009, shall be
transferred to the capital improvement board. The county
treasurer shall make the transfer before February 1 of the
following year. The capital improvement board shall deposit the
money it receives in the board's food and beverage tax reserve
account. Money in the reserve account may not be withdrawn or
transferred during the year it is received except to make transfers
back to the county to make payments on obligations for which a
pledge of revenue under this chapter was made before January 1,
2009. However, the capital improvement board may transfer:
(1) interest earned on money in the reserve account; and
(2) an amount equal to the balance that has been held in the
reserve account for at least twelve (12) months;
to the board's capital improvement fund established by
IC 36-10-8-12.
SOURCE: IC 6-9-33-9; (09)HB1604.2.13. -->
SECTION 13. IC 6-9-33-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. (a) The county may
enter into an agreement under which amounts deposited in, or to be
deposited in, the supplemental coliseum expansion fund are pledged to
payment of obligations issued to finance the remodeling, expansion, or
maintenance of an athletic and exhibition coliseum under section 8 of
this chapter.
(b) (a) Obligations entered into before January 1, 2009, for the
acquisition, expansion, remodeling, and improvement of an athletic and
exhibition coliseum shall be retired by using money collected from a
tax imposed under this chapter.
(c) (b) With respect to obligations for which a pledge has been made
under subsection (a), this section before January 1, 2009, the general
assembly covenants with the holders of these obligations that:
(1) this chapter will not be repealed or amended in any manner
that will adversely affect the imposition or collection of the tax
imposed under this chapter; and
(2) this chapter will not be amended in any manner that will
change the purpose for which revenues from the tax imposed
under this chapter may be used;
as long as the payment of any of those obligations is outstanding.
SOURCE: IC 6-9-33-11; (09)HB1604.2.14. -->
SECTION 14. IC 6-9-33-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 11. On or before December 31 each year, the
executive director of the World War Memorial Coliseum shall
submit to the capital improvement board of managers an annual
report of the operations of the coliseum.
SOURCE: IC 36-10-8-6; (09)HB1604.2.15. -->
SECTION 15. IC 36-10-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. The board may,
acting under the name "(name of county) county capital improvement
board of managers", or, if the board was created under IC 18-7-18
(before its repeal on February 24, 1982),
"(name of the city) and (name
of the county) county convention and tourism authority",
"(name of
the county) and (name of the city) capital improvement board of
managers", do the following:
(1) Acquire by grant, purchase, gift, devise, lease, or otherwise,
and hold, use, sell, lease, or dispose of, real and personal property
and any rights and interests in it necessary or convenient for the
exercise of its powers under this chapter.
(2) Construct, reconstruct, repair, remodel, enlarge, extend, or add
to any capital improvement under this chapter and condemn,
appropriate, lease, rent, purchase, and hold any real property,
rights-of-way, materials, or personal property needed for the
purposes of this chapter, even if it is already held for a
governmental or public use.
(3) Control and operate a capital improvement, and receive and
collect money due to the operation or otherwise relating to the
capital improvement, including employing an executive manager
and other agents and employees that are necessary for the
acquisition, construction, and proper operation of the
improvements and fixing the compensation of all employees with
a contract of employment or other arrangement terminable at the
will of the board. However, a contract may be entered into with an
executive manager and associate manager for a period not longer
than four (4) years at one (1) time and may be extended from time
to time for the same or shorter periods.
(4) Let concessions for the operation of restaurants, cafeterias,
public telephones, news and cigar stands, vending machines,
caterers, and all other services considered necessary or desirable
for the operation of a capital improvement.
(5) Lease a capital improvement or a part of it to any association,
corporation, or individual, with or without the right to sublet.
(6) Fix charges and establish rules and regulations governing the
use of a capital improvement.
(7) Accept gifts or contributions from individuals, corporations,
limited liability companies, partnerships, associations, trusts, or
foundations and funds, loans, or advances on the terms that the
board considers necessary or desirable from the United States, the
state, or a political subdivision or department of either, including
entering into and carrying out contracts and agreements in
connection with this subdivision.
(8) Acquire the site for a capital improvement, or a part of a site
by conveyance from the redevelopment commission of a city
within the county in which the board is created or from any other
source, on the terms that may be agreed upon.
(9) If the board was created under IC 18-7-18 (before its repeal on
February 24, 1982), exercise within and in the name of the county
the power of eminent domain under general statutes governing the
exercise of the power for a public purpose.
(10) Receive and collect all money due for the use or leasing of
a capital improvement and from concessions and other contracts,
and expend the money for proper purposes, but any employees or
members of the board authorized to receive, collect, and expend
money must be covered by a fidelity bond, the amount of which
shall be fixed by the board. Funds may not be disbursed by an
employee or member of the board without prior specific approval
by the board.
(11) Provide coverage for its employees under IC 22-3 and
IC 22-4.
(12) Purchase public liability and other insurance considered
desirable.
(13) Make and enter into all contracts and agreements necessary
or incidental to the performance of its duties and the execution of
its powers under this chapter, including the enforcement of them.
(14) Maintain and repair a capital improvement and all equipment
and facilities that are a part of it, including the employment of a
building superintendent and other employees that are necessary
to maintain the capital improvement.
(15) Sue and be sued in its own name, service of process being
had upon the president or vice president of the board or by
leaving a copy at the board's office.
(16) Prepare and publish descriptive material and literature
relating to the facilities and advantages of a capital improvement
and do all other acts that the board considers necessary to
promote and publicize the capital improvement and serve the
commercial, industrial, and cultural interests of Indiana and its
citizens by the use of the capital improvement. It may assist and
cooperate with public, governmental, and private agencies and
groups for these purposes.
(17) Promote the development and growth of the convention and
visitor industry in the county.
(18) Transfer money from the capital improvement fund
established by this chapter to any Indiana not-for-profit
corporation for the promotion and encouragement of conventions,
trade shows, visitors, and special events in the county.
SOURCE: IC 36-10-8-16; (09)HB1604.2.16. -->
SECTION 16. IC 36-10-8-16, AS AMENDED BY P.L.146-2008,
SECTION 796, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 16. (a) A capital improvement may
be financed in whole or in part by the issuance of general obligation
bonds of the county or, if the
authority board was created under
IC 18-7-18 (before its repeal on February 24, 1982), also of the city, if
the board determines that the estimated annual net income of the
capital improvement, plus the estimated annual tax revenues to be
derived from any tax revenues made available for this purpose, will not
be sufficient to satisfy and pay the principal of and interest on all bonds
issued under this chapter, including the bonds then proposed to be
issued.
(b) If the board desires to finance a capital improvement in whole
or in part as provided in this section, it shall have prepared a resolution
to be adopted by the county executive authorizing the issuance of
general obligation bonds, or, if the authority board was created under
IC 18-7-18 (before its repeal on February 24, 1982), by the fiscal body
of the city authorizing the issuance of general obligation bonds. The
resolution must set forth an itemization of the funds and assets received
by the board, together with the board's valuation and certification of the
cost. The resolution must state the date or dates on which the principal
of the bonds is payable, the maximum interest rate to be paid, and the
other terms upon which the bonds shall be issued. The board shall
submit the proposed resolution to the proper officers, together with a
certificate to the effect that the issuance of bonds in accordance with
the resolution will be in compliance with this section. The certificate
must also state the estimated annual net income of the capital
improvement to be financed by the bonds, the estimated annual tax
revenues, and the maximum amount payable in any year as principal
and interest on the bonds issued under this chapter, including the bonds
proposed to be issued, at the maximum interest rate set forth in the
resolution. The bonds issued may mature over a period not exceeding
forty (40) years from the date of issue.
(c) Upon receipt of the resolution and certificate, the proper officers
may adopt them and take all action necessary to issue the bonds in
accordance with the resolution. An action to contest the validity of
bonds issued under this section may not be brought after the fifteenth
day following the receipt of bids for the bonds.
(d) The provisions of all general statutes relating to:
(1) the filing of a petition requesting the issuance of bonds and
giving notice;
(2) the right of:
(A) taxpayers and voters to remonstrate against the issuance of
bonds in the case of a proposed bond issue described by
IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a
proposed bond issue described by IC 6-1.1-20-3.5(a);
(3) the giving of notice of the determination to issue bonds;
(4) the giving of notice of a hearing on the appropriation of the
proceeds of bonds;
(5) the right of taxpayers to appear and be heard on the proposed
appropriation;
(6) the approval of the appropriation by the department of local
government finance; and
(7) the sale of bonds at public sale;
apply to the issuance of bonds under this section.
SOURCE: IC 36-10-8-21; (09)HB1604.2.17. -->
SECTION 17. IC 36-10-8-21 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 21. (a) This section applies only
to a board that was created under IC 18-7-18 (before its repeal on
February 24, 1982).
(b) On or before December 31 each year, the executive manager
shall submit to the board an annual report of the operations of the
convention and visitor center.
SOURCE: IC 6-9-20-7; IC 6-9-20-8; IC 6-9-23; IC 6-9-33-10.
; (09)HB1604.2.18. -->
SECTION 18. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2009]: IC 6-9-20-7; IC 6-9-20-8; IC 6-9-23; IC 6-9-33-10.