§ 36-7-31-13 — Approval of resolution by budget agency

(a) The budget agency must approve the
resolution before covered taxes may be allocated under section 14 or
14.2 of this chapter.
(b) When considering a resolution with respect to a tax area change
described in section 11(a)(1) of this chapter, the budget committee and
the budget agency must make the following findings:
(1) The cost of the facility and facility site specified under the
resolution exceeds one hundred thousand dollars ($100,000).
(2) The project specified in the resolution is economically sound
and will benefit the people of Indiana by protecting or increasing
state and local tax bases and tax revenues for at least the duration
of the tax area established under this chapter.
(3) The political subdivisions affected by the project specified in
the resolution have committed significant resources towards
completion of the improvement.
(c) When considering a resolution with respect to a tax area change
described in section 11(a)(2) of this chapter, the budget committee and
the budget agency must make the following findings:
(1) That the facility or complex of facilities described in section
10(b)(3) and 10(c) of this chapter will provide accommodations
and significant meeting and convention space that directly
enhance events and that are located in convenient proximity to
capital improvements that are owned, leased, or operated by the
capital improvement board.
(2) 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.
(3) That the facility or complex of facilities specified in the
resolution will benefit the people of Indiana by providing the
opportunity for the capital improvement board to hold events that
would not otherwise be possible.
(4) That the facility or complex of facilities specified in the
resolution will protect or increase state and local tax bases and tax
revenues.
(5) That covered taxes, an innkeeper's tax under IC 6-9-8, or an
admissions tax under IC 6-9-13 will not be used to finance or
construct or in any way subsidize the construction of meeting or
ballroom space that is:
(A) located within the footprint of a privately owned hotel; or
(B) that will be operated, maintained, or otherwise controlled
by a privately owned hotel.
(d) Revenues from the tax area may not be allocated until the budget
agency approves the resolution.

Legislative History

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.182-2009(ss), SEC.411; P.L.109-2019, SEC.11.