§ 36-7-31-11 — Establishment of area; time; findings; area changes; special taxing district

(a) A tax area must be initially established
before July 1, 1999, according to the procedures set forth for the
establishment of an economic development area under IC 36-7-15.1.
A tax area may be changed (including to the exclusion or inclusion of
a facility described in this chapter) or the terms governing the tax area
may be revised in the same manner as the establishment of the initial
tax area. However, a tax area may be changed as follows:
(1) After May 14, 2005, a tax area may be changed to include the
site or future site of a facility that is or will be the subject of a
lease or other agreement entered into between the capital
improvement board and the Indiana stadium and convention
building authority or any state agency under IC 5-1-17-26.
(2) A tax area may be changed to include the site or future site of
a facility or complex of facilities described in section 10(b)(3) and
10(c) of this chapter.
(3) The terms governing a tax area may be revised only with
respect to a facility or complex of facilities described in
subdivision (1) or (2).
(b) In establishing or changing the tax area or revising the terms
governing the tax area, the commission must do the following:
(1) With respect to a tax area change described in subsection
(a)(1), the commission must make the following findings instead
of the findings required for the establishment of economic
development areas:
(A) That a project to be undertaken or that has been undertaken
in the tax area is for a facility at which a professional sporting
event or a convention or similar event will be held.
(B) That the project to 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.
(C) That the project to be undertaken or that has been
undertaken in the tax area will protect or increase state and
local tax bases and tax revenues.
(2) With respect to a tax area change described in subsection
(a)(2), the commission must make the following findings instead
of the findings required for the establishment of an economic
development area:
(A) That the facility or complex of facilities in the tax area
provides both convenient accommodations for professional
sporting events, conventions, or similar events and significant
meeting and convention space that directly enhance events held
in the capital improvements that are owned, leased, or operated
by the capital improvement board.
(B) That the facility or complex of facilities in the tax area and
the capital improvements that are owned, leased, or operated by
the capital improvement board are integrally related to
enhancing the convention opportunities that directly affect the
success of both the facilities and capital improvements.
(C) That the facility or complex of facilities in the tax area
provides the opportunity for the capital improvement board to
hold events that would not otherwise be possible.
(D) That the facility or complex of facilities in the tax area
protects or increases state and local tax bases and tax revenues.
(c) The tax area established by the commission under this chapter
is a special taxing district authorized by the general assembly to enable
the county to provide special benefits to taxpayers in the tax area by
promoting economic development that is of public use and benefit.

Legislative History

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.214-2005, SEC.67; P.L.182-2009(ss), SEC.410; P.L.109-2019, SEC.10.