(a)Except as provided in subsections (b) and
(d), the fiscal officer of each city and county described in IC 36-7.5-2-3(b) shall each transfer three million five hundred thousand
dollars ($3,500,000) each year to the development authority for deposit
in the development authority revenue fund established under section 1
of this chapter. However, if Porter County ceases to be a member of the
development authority and two (2) or more municipalities in the county
have become members of the development authority as authorized by
IC 36-7.5-2-3(h), the transfer of the local income tax revenue that is
dedicated to economic development purposes that is required to be
transferred under IC 6-3.6-11-6 is the contribution of the municipalities
in the county that have become members of the development
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(a) Except as provided in subsections (b) and
(d), the fiscal officer of each city and county described in IC 36-7.5-2-3(b) shall each transfer three million five hundred thousand
dollars ($3,500,000) each year to the development authority for deposit
in the development authority revenue fund established under section 1
of this chapter. However, if Porter County ceases to be a member of the
development authority and two (2) or more municipalities in the county
have become members of the development authority as authorized by
IC 36-7.5-2-3(h), the transfer of the local income tax revenue that is
dedicated to economic development purposes that is required to be
transferred under IC 6-3.6-11-6 is the contribution of the municipalities
in the county that have become members of the development authority.
(b) This subsection applies only if:
(1) the fiscal body of the county described in IC 36-7.5-2-3(d) has
adopted an ordinance under IC 36-7.5-2-3(d) providing that the
county is joining the development authority;
(2) the fiscal body of the city described in IC 36-7.5-2-3(d) has
adopted an ordinance under IC 36-7.5-2-3(d) providing that the
city is joining the development authority; and
(3) the county described in IC 36-7.5-2-3(d) is an eligible county
participating in the development authority.
The fiscal officer of the county described in IC 36-7.5-2-3(d) shall
transfer two million six hundred twenty-five thousand dollars
($2,625,000) each year to the development authority for deposit in the
development authority revenue fund established under section 1 of this
chapter. The fiscal officer of the city described in IC 36-7.5-2-3(d)
shall transfer eight hundred seventy-five thousand dollars ($875,000)
each year to the development authority for deposit in the development
authority revenue fund established under section 1 of this chapter.
(c) This subsection does not apply to Lake County, Hammond, Gary,
or East Chicago. The following apply to the remaining transfers
required by subsections (a) and (b):
(1) Except for transfers of money described in subdivision (4)(D),
the transfers shall be made without appropriation by the city or
county fiscal body or approval by any other entity.
(2) Except as provided in subdivision (3), each fiscal officer shall
transfer eight hundred seventy-five thousand dollars ($875,000)
to the development authority revenue fund before the last
business day of January, April, July, and October of each year.
Food and beverage tax revenue deposited in the fund under IC 6-9-36-8 is in addition to the transfers required by this section.
(3) The fiscal officer of the county described in IC 36-7.5-2-3(d)
shall transfer six hundred fifty-six thousand two hundred fifty
dollars ($656,250) to the development authority revenue fund
before the last business day of January, April, July, and October
of each year. The county is not required to make any payments or
transfers to the development authority covering any time before
January 1, 2017. The fiscal officer of a city described in IC 36-7.5-2-3(d) shall transfer two hundred eighteen thousand seven
hundred fifty dollars ($218,750) to the development authority
revenue fund before the last business day of January, April, July,
and October of each year. The city is not required to make any
payments or transfers to the development authority covering any
time before January 1, 2017.
(4) The transfers shall be made from one (1) or more of the
following:
(A) Riverboat admissions tax revenue received by the city or
county, riverboat wagering tax revenue received by the city or
county, or riverboat incentive payments received from a
riverboat licensee by the city or county.
(B) Any local income tax revenue that is dedicated to economic
development purposes under IC 6-3.6-6 and received under IC 6-3.6-9 by the city or county.
(C) Any other local revenue other than property tax revenue
received by the city or county.
(D) In the case of a county described in IC 36-7.5-2-3(d) or a
city described in IC 36-7.5-2-3(d), any money from the major
moves construction fund that is distributed to the county or city
under IC 8-14-16.
(d) This subsection applies only to Lake County, Hammond, Gary,
and East Chicago. The obligations of each city and the county under
subsection (a) are satisfied by the distributions made by the state
comptroller on behalf of each unit under IC 4-33-12-8 and IC 4-33-13-5(i). However, if the total amount distributed under IC 4-33 on
behalf of a unit with respect to a particular state fiscal year is less than
the amount required by subsection (a), the fiscal officer of the unit shall
transfer the amount of the shortfall to the authority from any source of
revenue available to the unit other than property taxes. The state
comptroller shall certify the amount of any shortfall to the fiscal officer
of the unit after making the distribution required by IC 4-33-13-5(i) on
behalf of the unit with respect to a particular state fiscal year.
(e) A transfer made on behalf of a county, city, or town under this
section after December 31, 2018:
(1) is considered to be a payment for services provided to
residents by a rail project as those services are rendered; and
(2) does not impair any pledge of revenues under this article
because a pledge by the development authority of transferred
revenue under this section to the payment of bonds, leases, or
obligations under this article or IC 5-1.3:
(A) constitutes the obligations of the northwest Indiana regional
development authority; and
(B) does not constitute an indebtedness of a county, city, or
town described in this section or of the state within the meaning
or application of any constitutional or statutory provision or
limitation.
(f) Neither the transfer of revenue as provided in this section nor the
pledge of revenue transferred under this section is an impairment of
contract within the meaning or application of any constitutional
provision or limitation because of the following:
(1) The statutes governing local taxes, including the transferred
revenue, have been the subject of legislation annually since 1973,
and during that time the statutes have been revised, amended,
expanded, limited, and recodified dozens of times.
(2) Owners of bonds, leases, or other obligations to which local
tax revenues have been pledged recognize that the regulation of
local taxes has been extensive and consistent.
(3) All bonds, leases, or other obligations, due to their essential
contractual nature, are subject to relevant state and federal law
that is enacted after the date of a contract.
(4) The state of Indiana has a legitimate interest in assisting the
development authority in financing rail projects.
(g) All proceedings had and actions described in this section are
valid pledges under IC 5-1-14-4 as of the date of those proceedings or
actions and are hereby legalized and declared valid if taken before
March 15, 2018.