IN Code § 36-7-31.3-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 31.3. Professional Sports Development Area|36-7-31.3-10. Resolution; Allocation of Taxes; Renewal of Expired Areas

Sec. 10. (a) A tax area must be established by resolution. A resolution establishing a tax area must provide for the allocation of covered taxes attributable to a taxable event or covered taxes earned in the tax area to the professional sports and convention development area fund established for the city or county. The allocation provision must apply to the entire tax area. The following apply to Allen County:(1) The fund required by this subsection is the coliseum professional sports and convention development area fund. This fund shall be administered by the Allen County Memorial Coliseum board of trustees.(2) The allocation each year must be as follows:(A) The following for state fiscal years ending before July 1, 2021:(i) The first two million six hundred thousand dollars ($2,600,000) shall be transferred to the county treasurer for deposit in the coliseum professional sports and convention development area fund.(ii) The remaining amount shall be transferred to the treasurer of the joint county-city capital improvement board in the county.(B) The following for state fiscal years beginning after June 30, 2021:(i) The first two million six hundred thousand dollars ($2,600,000) shall be transferred to the county treasurer for deposit in the coliseum professional sports and convention development area fund.(ii) After the allocation under item (i), the next four hundred thousand dollars ($400,000) shall be transferred to the joint county-city capital improvement board in the county for the Grand Wayne Center.(iii) After the allocations under items (i) and (ii), any remaining amount shall be transferred to the joint county-city capital improvement board in the county to be split evenly between the Allen County War Memorial Coliseum and the Grand Wayne Center.A tax area located in Allen County terminates not later than December 31, 2038. Any bonds that were issued before January 1, 2015, to finance the facility or proposed facility must have a maturity of less than twenty-five (25) years.(b) In addition to subsection (a), all of the salary, wages, bonuses, and other compensation that are:(1) paid during a taxable year to a professional athlete for professional athletic services;(2) taxable in Indiana; and(3) earned in the tax area;shall be allocated to the tax area if the professional athlete is a member of a team that plays the majority of the professional athletic events that the team plays in Indiana in the tax area.(c) Except as provided in subsection (d), for a tax area that is:(1) not located in a county having a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000); and(2) not located in a city having a population of more than one hundred thousand (100,000) but less than one hundred ten thousand (110,000);the total amount of state revenue captured by the tax area may not exceed five dollars ($5) per resident of the city or county per year for twenty (20) consecutive years.(d) This subsection applies to a tax area established in a city having a population of more than one hundred ten thousand (110,000) but less than one hundred fifty thousand (150,000) that expired before July 1, 2021. The tax area described in this subsection is renewed beginning after June 30, 2021, for an additional twenty (20) consecutive years, and shall include:(1) the boundaries of the tax area before its expiration; plus(2) the additional tax area added under section 8(e) of this chapter.The provisions in sections 11 and 12 of this chapter are not applicable to the renewal of the tax area described in this subsection.(e) This subsection applies to a tax area established in a city having a population of more than one hundred thousand (100,000) but less than one hundred ten thousand (110,000) that expired before July 1, 2021. The tax area described in this subsection is renewed beginning after June 30, 2021, for an additional twenty (20) consecutive years, and shall include:(1) the boundaries of the tax area before its expiration; plus(2) the additional tax areas added under section 8(f) of this chapter.The provisions in sections 11 and 12 of this chapter are not applicable to the renewal of the tax area described in this subsection. The maximum amount of covered taxes that may be captured in the tax area under this subsection is two million dollars ($2,000,000) per year.(f) The resolution establishing the tax area must designate the facility or proposed facility and the facility site for which the tax area is established.(g) The department may adopt rules under IC 4-22-2 and guidelines to govern the allocation of covered taxes to a tax area.As added by P.L.255-1997(ss), SEC.20. Amended by P.L.176-2009, SEC.26; P.L.182-2009(ss), SEC.511; P.L.119-2012, SEC.212; P.L.137-2012, SEC.121; P.L.100-2014, SEC.3; P.L.79-2021, SEC.2.