reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-28. Trust Indentures Securing Bonds

Sec. 28. (a) The fiscal body of a unit issuing bonds under this chapter may secure them by a trust indenture between the unit and a corporate trustee. The corporate trustee may be any trust company, national bank, or state bank that is in Indiana and has trust powers.
(b) A trust indenture under this section may:
(1) mortgage the land, any interest in land, or the facilities on account of which the bonds are issued;
(2) pledge all or part of the payments to be received by the unit;
(3) set forth the rights and remedies of the trustee and the holders of the bonds, including provisions restricting the individual right of action of the holders;
(4) contain provisions considered reasonable for protecting and enforcing the rights and remedies of the holders or lenders, including covenants setting forth duties of the unit and the economic development commission regarding:
(A) the construction of the facilities; and
(B) the custody, safeguarding, application, and investment of revenues received or to be received by the unit on account of the facilities financed by the issuance of the bonds;
(5) contain provisions regarding the investment of money, the sale, exchange, or disposal of property, and the manner of authorizing and making payments, notwithstanding any general statute relating to these matters; and
(6) provide for the establishment of reserve funds from the proceeds of the bonds or from other sources to secure the prompt payment of the principal and interest on them.
[Pre-Local Government Recodification Citation: 18-6-4.5-22.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.8; P.L.25-1987, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-29. Application of Bond Proceeds

Sec. 29. (a) Preliminary expenses advanced by a person may be reimbursed from the proceeds of bonds issued under this chapter. An economic development commission may provide for a maximum fee of one percent (1%) of the total amount of the issue to be paid to the commission from the proceeds of the issue to help in covering its costs of operation. However, the fee charged by a commission to cover the costs of operation may not exceed ten thousand dollars ($10,000) per issue for a single project issue or ten thousand dollars ($10,000) per project in the case of program financing under section 18.5 of this chapter.
(b) Any money received from bonds issued under this chapter, after reimbursement and payment under subsection (a), may be used for the following purposes:
(1) The payment of the costs of economic development and pollution control facilities on account of which the bonds are issued, including both direct financing of such facilities and program financing under section 18.5 of this chapter.
(2) Issuance expenses for bonds authorized by this chapter.
(3) Interest on bonds authorized by this chapter for the anticipated construction period of the facilities being financed, plus interest on bonds authorized by this chapter for a period of one (1) year after that.
(4) Funding a reserve fund for payment of the principal of, premium (if any), and interest on bonds issued under this chapter.
(5) Working capital when financed in conjunction with economic development or pollution control facilities financed pursuant to program financing authorized under section 18.5 of this chapter if the program is funded with proceeds of taxable bonds.
Until the money is applied under subdivision (1), it is subject to a lien in favor of the holders of the bonds or the trustee under the trust indenture, if any.
[Pre-Local Government Recodification Citation: 18-6-4.5-23.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.9; P.L.25-1987, SEC.55; P.L.35-1990, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-30. Refunding Bonds

Sec. 30. (a) If the fiscal body of the unit finds that a refunding of outstanding bonds issued under this chapter would be of benefit to the health and general welfare of the unit and would comply with this chapter, it may authorize the issuance of bonds in accordance with IC 5-1-5 to refund those outstanding bonds. A savings to the issuing body as provided in IC 5-1-5-2 is not required for the issuance of the refunding bonds, or the issuance of bonds to refund refunding bonds.
(b) Refunding bonds issued under this section are payable solely from revenues and receipts derived from:
(1) financing agreements with the users or developers of the facilities originally financed by the outstanding bonds, or related persons; or
(2) from payments made under guaranty agreements by developers, users, or related persons.
The financing agreements or guaranties may be new financing agreements or guaranties or amendments of the original financing agreements or guaranties.
(c) Refunding bonds issued under this section are not in any respect a general obligation of the unit, nor are they payable in any manner from revenues raised by taxation.
(d) Sections 18(b), 23, and 24 of this chapter do not apply to the issuance of refunding bonds under this section.
[Pre-Local Government Recodification Citation: 18-6-4.5-30.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.10; P.L.25-1987, SEC.56.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-31. Bonds, Notes, Warrants, Proceeds, and Interest; Exemption From State Taxes

Sec. 31. Bonds, notes, or warrants issued under this chapter and:
(1) proceeds received from their sale by a holder, to the extent of the holder's cost of acquisition;
(2) proceeds received on their redemption before maturity;
(3) proceeds received at their maturity; and
(4) interest received on them;
are exempt from state taxes as provided by IC 6-8-5.
[Pre-Local Government Recodification Citation: 18-6-4.5-25.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-32. Repealed

[Pre-Local Government Recodification Citation: 18-6-4.5-21.]
As added by Acts 1981, P.L.301, SEC.31. Amended by Acts 1982, P.L.28, SEC.12. Repealed by P.L.2-1987, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-32.1. Exemption From Securities Registration

Sec. 32.1. Any security, including bonds issued in connection with a financing under this chapter, is exempt from the registration requirements of IC 23-19 and other securities registration statutes.
As added by P.L.25-1987, SEC.57. Amended by P.L.27-2007, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-33. Property Taxes; Liability and Exemptions

Sec. 33. (a) A unit is exempt from all property taxes on economic development or pollution control facilities.
(b) A developer or user is liable for property taxes on economic development or pollution control facilities as provided by statute. However, this section does not deny any tax exemption a developer or user may have under other statutes because of the nature of the facilities or the developer or user.
[Pre-Local Government Recodification Citation: 18-6-4.5-24.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.25-1987, SEC.58.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-34. Payments Received by Units; Exemption From Tax

Sec. 34. Payments received by units under financing agreements authorized by this chapter are exempt from all taxation.
[Pre-Local Government Recodification Citation: 18-6-4.5-26.]
As added by Acts 1981, P.L.309, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-35. Responsibility for Construction Approval

Sec. 35. The user or developer is responsible for obtaining and maintaining all approvals and permits required for the construction of economic development or pollution control facilities under this chapter.
[Pre-Local Government Recodification Citation: 18-6-4.5-27.]
As added by Acts 1981, P.L.309, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-36. Commissions; Annual Reports

Sec. 36. (a) Each commission shall file a report, within thirty (30) days after its initial meeting and on each subsequent January 31, with the fiscal body that it serves.
(b) A report under subsection (a) must contain:
(1) information on the operations, activities, and financial expenditures of the commission during the preceding calendar year; and
(2) any other information required by the fiscal body that the commission serves.
[Pre-Local Government Recodification Citation: 18-6-4.5-29.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.1-2006, SEC.563; P.L.237-2017, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-39. Validation of Prior Authorized Bonds

Sec. 39. Any bonds authorized to be issued under the authority of this chapter by a resolution adopted under section 24 of this chapter before June 1, 1985, remain valid regardless of any amendments made to this chapter by P.L.20-1985.
As added by P.L.25-1987, SEC.59.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-1. Application of Chapter

Sec. 1. This chapter applies to all units except townships.
[Pre-Local Government Recodification Citation: 18-7-14-2 part.]
As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.75; P.L.262-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-1.6. "District"

Sec. 1.6. As used in this chapter, "district" refers to a community revitalization enhancement district designated under section 10.5, 12, or 12.1 of this chapter.
As added by P.L.125-1998, SEC.4. Amended by P.L.174-2001, SEC.1; P.L.224-2003, SEC.232.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-2.4. "Gross Retail Base Period Amount"

Sec. 2.4. Except as provided in section 10.7(c) of this chapter, as used in this chapter, "gross retail base period amount" means:
(1) the aggregate amount of state gross retail and use taxes remitted under IC 6-2.5 by the businesses operating in the territory comprising a district during the full state fiscal year that precedes the date on which:
(A) an advisory commission on industrial development adopted a resolution designating the district, in the case of a district that is not described in section 12(c) of this chapter; or
(B) the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter;
(2) an amount equal to:
(A) the aggregate amount of state gross retail and use taxes remitted:
(i) under IC 6-2.5 by the businesses operating in the territory comprising a district; and
(ii) during the month in which an advisory commission on industrial development adopted a resolution designating the district; multiplied by
(B) twelve (12);
in the case of a district that is described in section 12(c) of this chapter; or
(3) an amount equal to the amount determined under subdivision (1) or (2); plus:
(A) the aggregate amount of state gross retail and use taxes remitted:
(i) under IC 6-2.5 by the businesses operating in the territory added to the district; and
(ii) during the month in which a petition to modify the district's boundaries is approved by the budget agency under section 12.5 of this chapter; multiplied by
(B) twelve (12);
in the case of a district modified under section 12.5 of this chapter.
As added by P.L.125-1998, SEC.5. Amended by P.L.138-1999, SEC.1; P.L.174-2001, SEC.2; P.L.178-2002, SEC.116; P.L.81-2004, SEC.31 and P.L.90-2004, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-2.6. "Gross Retail Incremental Amount"

Sec. 2.6. (a) Except as provided in subsection (b), as used in this chapter, "gross retail incremental amount" means the remainder of:
(1) the aggregate amount of state gross retail and use taxes that are remitted under IC 6-2.5 by businesses operating in a district during a state fiscal year; minus
(2) the gross retail base period amount;
as determined by the department of state revenue under section 14 of this chapter.
(b) For purposes of a district designated under section 12.1 of this chapter, "gross retail incremental amount" means seventy-five percent (75%) of the amount described in subsection (a).
As added by P.L.125-1998, SEC.6. Amended by P.L.224-2003, SEC.233.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-3. "Improve"; Authority to Acquire, Own, and Deal in Real Property; Expenditure of Funds

Sec. 3. (a) For purposes of this chapter, "improve" means to construct, reconstruct, or repair public ways, sidewalks, sewers, drains, fences, or buildings, and to do all other things that would enhance the value of real property and make it more suitable to industrial use.
(b) A unit may acquire by purchase, gift, or devise, and own, improve, maintain, sell, lease, convey, contract for, or otherwise deal in, real property for the development of industrial parks or industrial sites.
(c) A municipality may exercise powers granted by subsection (b) in areas within five (5) miles outside its corporate boundaries.
(d) When a district is designated under section 12(e) of this chapter, a unit may expend funds for the purposes set forth in subsections (a) and (b) for the development of or to enhance the value of real property used for retail purposes.
(e) When a district is designated under section 12.1 of this chapter, a unit may expend funds for the purposes set forth in section 12.1(b) of this chapter for the development of or to enhance the value of real property used for retail purposes and to make it more suitable to industrial or retail use.
[Pre-Local Government Recodification Citations: 18-7-14-2 part; 18-7-14-3.]
As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.76; P.L.262-1993, SEC.2; P.L.113-2002, SEC.4; P.L.224-2003, SEC.234.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-3.2. "Income Tax Base Period Amount"

Sec. 3.2. Except as provided in section 10.7(d) of this chapter, as used in this chapter, "income tax base period amount" means:
(1) the aggregate amount of state and local income taxes paid by employees employed in the territory comprising a district with respect to wages and salary earned for work in the district for the state fiscal year that precedes the date on which:
(A) an advisory commission on industrial development adopted a resolution designating the district, in the case of a district that is not described in section 12(c) of this chapter; or
(B) the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter;
(2) an amount equal to:
(A) the aggregate amount of state and local income taxes paid by employees employed in the territory comprising a district with respect to wages and salary earned for work in the district during the month in which an advisory commission on industrial development adopted a resolution designating the district; multiplied by
(B) twelve (12);
in the case of a district that is described in section 12(c) of this chapter; or
(3) an amount equal to the amount determined under subdivision (1) or (2); plus:
(A) the aggregate amount of state and local income taxes paid by employees employed in the territory added to the district with respect to wages and salary earned for work in the modified district during the month in which a petition to modify the district's boundaries is approved by the budget agency under section 12.5 of this chapter; multiplied by
(B) twelve (12);
in the case of a district modified under section 12.5 of this chapter.
As added by P.L.125-1998, SEC.7. Amended by P.L.138-1999, SEC.2; P.L.174-2001, SEC.3; P.L.178-2002, SEC.117; P.L.81-2004, SEC.32 and P.L.90-2004, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-3.4. "Income Tax Incremental Amount"

Sec. 3.4. (a) Except as provided in subsection (b), as used in this chapter, "income tax incremental amount" means the remainder of:
(1) the aggregate amount of state and local income taxes paid by employees employed in a district with respect to wages earned for work in the district for a particular state fiscal year; minus
(2) the sum of the:
(A) income tax base period amount; and
(B) tax credits awarded by the economic development for a growing economy board under IC 6-3.1-13 to businesses operating in a district as the result of wages earned for work in the district for the state fiscal year;
as determined by the department of state revenue under section 14 of this chapter.
(b) For purposes of a district designated under section 12.1 of this chapter, "income tax incremental amount" means seventy-five percent (75%) of the amount described in subsection (a).
As added by P.L.125-1998, SEC.8. Amended by P.L.224-2003, SEC.235; P.L.199-2005, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-3.8. "State and Local Income Taxes"

Sec. 3.8. As used in this chapter, "state and local income taxes" means taxes imposed under any of the following:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax).
(2) IC 6-3.6 (local income tax).
As added by P.L.125-1998, SEC.9. Amended by P.L.192-2002(ss), SEC.174; P.L.197-2016, SEC.125.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-4. Industrial Development Fund; Tax Levy

Sec. 4. (a) To provide money for the purposes set forth in section 3 of this chapter, the unit shall create a special revolving fund to be known as the industrial development fund, into which any available and unappropriated money of the unit may be transferred by the unit's legislative body.
(b) The legislative body may also by ordinance levy a tax not to exceed one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of assessed value of all personal and real property within its jurisdiction. The proceeds of this tax shall be deposited in the industrial development fund. The unit may collect the tax as other municipal or county taxes are collected, or may set up a system for the collection and enforcement of the tax in the unit. Money in the industrial development fund may be used for any purpose authorized by this chapter and may be pledged for the payment of principal and interest on bonds or other obligations issued under this chapter.
[Pre-Local Government Recodification Citation: 18-7-14-4.]
As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.77; P.L.262-1993, SEC.3; P.L.6-1997, SEC.208; P.L.125-1998, SEC.10; P.L.125-1998, SEC.11; P.L.203-2005, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-5. Advisory Commission on Industrial Development; Creation; Membership; Duties

Sec. 5. (a) In order to coordinate the efforts of the unit and any private industrial development committee in the community, an advisory commission on industrial development shall be appointed by the unit's executive.
(b) Except as provided in subsection (d), the commission shall be composed of six (6) members, including at least one (1) representative of the unit's government, at least one (1) representative of the local industrial development committee, at least one (1) representative of a local banking institution, at least one (1) representative of a local utility company, and at least one (1) representative of organized labor from the building trades. A member of the commission may represent more than one (1) of the organizations enumerated.
(c) The unit's legislative body shall request the commission's recommendations. The legislative body may not conduct any business requiring expenditures from the industrial development fund or make any sale or lease of property acquired by the unit under this chapter without the approval, in writing, of a majority of the members of the commission.
(d) In addition to the members described in subsection (b), if the executive of a unit has submitted a petition to a commission under section 10 of this chapter or if the legislative body of a county or municipality has adopted an ordinance designating a district under section 10.5 of this chapter, the following persons are members of the commission:
(1) A member appointed by the governor.
(2) A member appointed by the lieutenant governor.
(3) A member appointed by the director of the department of workforce development.
[Pre-Local Government Recodification Citation: 18-7-14-6.]
As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.78; P.L.262-1993, SEC.4; P.L.1-1994, SEC.175; P.L.125-1998, SEC.12; P.L.174-2001, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-6. Industrial Development Fund; Payments and Deposits

Sec. 6. All costs for the acquisition and improvement of real property under this chapter shall be paid from the industrial development fund, and all proceeds from the sale of real property under this chapter shall be deposited in that fund.
[Pre-Local Government Recodification Citation: 18-7-14-7.]
As added by Acts 1981, P.L.309, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-7. Title to Real Property

Sec. 7. The title to all real property acquired under this chapter shall be taken in the name of the unit and shall be conveyed by warranty deed executed by the presiding officer of the legislative body and attested to by the clerk of the unit.
[Pre-Local Government Recodification Citation: 18-7-14-8.]
As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.79; P.L.262-1993, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-8. Property Acquired by or From Unit; No Tax Exemption

Sec. 8. Property acquired by or from a unit under this chapter is not exempt from any taxes.
[Pre-Local Government Recodification Citation: 18-7-14-9.]
As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.80; P.L.262-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-9. Transfer of Surplus Funds; Cessation of Tax Levy

Sec. 9. When the purposes for which the industrial development fund was established have been accomplished and all districts designated by the unit have been terminated under section 19 of this chapter, the balance remaining in that fund shall be transferred to the general fund of the unit and the authority for the levy of the tax provided by section 4 of this chapter ceases.
[Pre-Local Government Recodification Citation: 18-7-14-10.]
As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.81; P.L.262-1993, SEC.8; P.L.125-1998, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-10. Application for Designation of District

Sec. 10. (a) After approval by ordinance or resolution of the legislative body of a municipality located in a county having a population of:
(1) more than one hundred thirty-nine thousand (139,000) and less than one hundred sixty thousand (160,000);
(2) more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000); or
(3) more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000);
the executive of the municipality may submit an application to an advisory commission on industrial development requesting that an area within the municipality be designated as a district.
(b) After approval by ordinance or resolution of the legislative body of a county, the executive of the county may submit an application to an advisory commission on industrial development requesting that an area within the county, but not within a municipality, be designated as a district. However, in a county having a population of more than one hundred ten thousand (110,000) and less than one hundred twelve thousand (112,000), the legislative body of the county may request that an area within the county be designated as a district even if the area is within a municipality.
As added by P.L.125-1998, SEC.14. Amended by P.L.138-1999, SEC.3; P.L.174-2001, SEC.5; P.L.170-2002, SEC.158; P.L.119-2012, SEC.203; P.L.104-2022, SEC.184.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-10.1. Application for Designation of District in First or Second Class City

Sec. 10.1. (a) This section applies to a:
(1) first class city; or
(2) second class city.
(b) After approval by ordinance or resolution of the legislative body of a city described in subsection (a), the executive of the city may submit an application to an advisory commission on industrial development requesting that one (1) area within the city be designated as a district under section 12.1 of this chapter. However, the total number of districts designated in a city under this chapter after June 30, 2003, (excluding districts designated before July 1, 2003) may not exceed one (1).
As added by P.L.224-2003, SEC.236.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-10.7. Calculation of Net Increment for Preceding Fiscal Year; Funds and Accounts; Limitation on Amounts Received by City

Sec. 10.7. (a) This section applies to a district designated under section 10.5 of this chapter and approved by the budget agency before January 1, 2002, in a city having a population of more than twenty-eight thousand (28,000) and less than twenty-nine thousand (29,000).
(b) An area is added to and becomes part of a district described in subsection (a) if the area consists of property that:
(1) is located in a city having a population of more than twenty-eight thousand (28,000) and less than twenty-nine thousand (29,000); and
(2) experienced a loss of at least three hundred (300) jobs during the calendar year ending December 31, 2001.
(c) After the addition of property to a district described in subsection (a) under this section, the gross retail base period amount determined under section 2.4 of this chapter for the district before the addition of the property to the district under this section shall be increased by an amount equal to:
(1) the aggregate amount of state gross retail and use taxes remitted:
(A) under IC 6-2.5 by the businesses operating in the area added to the district under subsection (b); and
(B) during the period beginning after December 31, 2001, and ending before February 1, 2002; multiplied by
(2) twelve (12).
(d) After the addition of property to a district described in subsection (a) under this section, the income tax base period amount determined under section 3.2 of this chapter for the district before the addition of the property to the district under this section shall be increased by an amount equal to:
(1) the aggregate amount of state and local income taxes paid:
(A) by employees employed in the area added to the district under subsection (b) with respect to wages and salary earned for work in the area added; and
(B) during the period beginning after December 31, 2001, and ending before February 1, 2002; multiplied by
(2) twelve (12).
(e) The addition of property to a district under this section does not require adoption of an ordinance, review by the budget committee, or approval of the budget agency under section 10.5 of this chapter.
As added by P.L.178-2002, SEC.119. Amended by P.L.119-2012, SEC.204; P.L.104-2022, SEC.185.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-11. Application for Designation of District; Duties of Advisory Commission on Industrial Development

Sec. 11. If a municipal or county executive submits an application requesting an area to be designated as a district under this chapter, the advisory commission on industrial development shall do the following:
(1) Compile information necessary to make a determination concerning whether the area meets the conditions necessary for designation as a district.
(2) Prepare maps showing the boundaries of the proposed district.
(3) Prepare a plan describing the ways in which the development obstacles described in section 12(b)(3), 12(c), 12(d), 12(e), or 12.1(a) of this chapter in the proposed district will be addressed.
As added by P.L.125-1998, SEC.15. Amended by P.L.138-1999, SEC.4; P.L.174-2001, SEC.7; P.L.224-2003, SEC.237.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-12.5. Petition for Modification of District Boundaries; Budget Committee and Budget Agency Findings; Certification of Boundaries

Sec. 12.5. (a) An advisory commission on industrial development that designates a district under section 12 or 12.1 of this chapter or the legislative body of a county or municipality that adopts an ordinance designating a district under section 10.5 of this chapter may petition for permission to modify the boundaries of the district. The petition must be submitted to the budget committee for review and recommendation to the budget agency.
(b) When considering a petition submitted under subsection (a), the budget committee and the budget agency must make the following findings:
(1) The area to be added to the district, if any, meets the conditions necessary for designation as a district under section 10.5, 12, or 12.1 of this chapter.
(2) The proposed modification of the district 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 district.
(c) Upon approving a petition submitted under subsection (a), the budget agency shall certify the district's modified boundaries to the department of state revenue.
As added by P.L.81-2004, SEC.36 and P.L.90-2004, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-13. Designation of District; Information to Department of State Revenue; Determination of Gross Retail Base Period Amount and Income Tax Base Period Amount

Sec. 13. (a) If an advisory commission on industrial development designates a district under section 12 or 12.1 of this chapter or if the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter, the advisory commission, or the legislative body in the case of a district designated under section 10.5 of this chapter, shall send a certified copy of the resolution or ordinance designating the district to the department of state revenue by certified mail and shall include with the resolution a complete list of the following:
(1) Employers in the district.
(2) Street names and the range of street numbers of each street in the district.
(3) Federal tax identification number of each business in the district.
(4) The street address of each employer.
(5) Name, telephone number, and electronic mail address (if available) of a contact person for each employer.
(b) The advisory commission, or the legislative body in the case of a district designated under section 10.5 of this chapter, shall update the list:
(1) before July 1 of each year; or
(2) within fifteen (15) days after the date that the budget agency approves a petition to modify the boundaries of the district under section 12.5 of this chapter.
(c) Not later than sixty (60) days after receiving a copy of the resolution or ordinance designating a district, the department of state revenue shall determine the gross retail base period amount and the income tax base period amount.
(d) Not later than sixty (60) days after receiving a certification of a district's modified boundaries under section 12.5(c) of this chapter, the department shall recalculate the gross retail base period amount and the income tax base period amount for a district modified under section 12.5 of this chapter.
As added by P.L.125-1998, SEC.17. Amended by P.L.174-2001, SEC.9; P.L.224-2003, SEC.240; P.L.81-2004, SEC.37 and P.L.90-2004, SEC.10; P.L.199-2005, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-14. Tax Incremental Amount Calculations; District Business Duties

Sec. 14. (a) Before the first business day in October of each year, the department shall calculate the income tax incremental amount and the gross retail incremental amount for the preceding state fiscal year for each district designated under this chapter.
(b) Businesses operating in the district shall report annually, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate incremental gross retail, use, and income taxes. A taxpayer operating in the district that files a consolidated tax return with the department also shall file annually an informational return with the department for each business location of the taxpayer within the district. If a taxpayer fails to report the information required by this section or file an informational return required by this section, the department shall use the best information available in calculating the incremental gross retail, use, and income taxes.
(c) Not later than sixty (60) days after receiving a certification of a district's modified boundaries under section 12.5(c) of this chapter, the department shall recalculate the income tax incremental amount and the gross retail incremental amount for the preceding state fiscal year for a district modified under section 12.5 of this chapter.
As added by P.L.125-1998, SEC.18. Amended by P.L.81-2004, SEC.38 and P.L.90-2004, SEC.11; P.L.199-2005, SEC.35; P.L.113-2010, SEC.132; P.L.172-2011, SEC.145; P.L.261-2013, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-15. Incremental Tax Financing Funds

Sec. 15. (a) If an advisory commission on industrial development designates a district under this chapter or the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter, the treasurer of state shall establish an incremental tax financing fund for the district. The fund shall be administered by the treasurer of state. Money in the fund does not revert to the state general fund at the end of a state fiscal year.
(b) Subject to subsection (c), the following amounts shall be deposited during each state fiscal year in the incremental tax financing fund established for the district under subsection (a):
(1) The aggregate amount of state gross retail and use taxes that are remitted under IC 6-2.5 by businesses operating in the district, until the amount of state gross retail and use taxes deposited equals the gross retail incremental amount for the district.
(2) The aggregate amount of state and local income taxes paid by employees employed in the district with respect to wages earned for work in the district, until the amount of state and local income taxes deposited equals the income tax incremental amount.
(c) Except as provided in subsection (e), the aggregate amount of revenues that is:
(1) attributable to:
(A) the state gross retail and use taxes established under IC 6-2.5; and
(B) the adjusted gross income tax established under IC 6-3-1 through IC 6-3-7; and
(2) deposited during any state fiscal year in each incremental tax financing fund established for a district;
may not exceed one million dollars ($1,000,000) per district designated under section 10.5 or 12 of this chapter and seven hundred fifty thousand dollars ($750,000) per district for a district designated under section 10.1 or 12.1 of this chapter.
(d) On or before the twentieth day of each month, all amounts held in the incremental tax financing fund established for a district shall be distributed to the district's advisory commission on industrial development for deposit in the industrial development fund of the unit that requested designation of the district.
(e) The aggregate amount of revenues that is:
(1) attributable to:
(A) the state gross retail and use taxes established under IC 6-2.5; and
(B) the adjusted gross income tax established under IC 6-3-1 through IC 6-3-7; and
(2) deposited during any state fiscal year in the incremental tax financing funds established for the districts located in Delaware County;
may not exceed two million dollars ($2,000,000).
As added by P.L.125-1998, SEC.19. Amended by P.L.174-2001, SEC.10; P.L.192-2002(ss), SEC.175; P.L.224-2003, SEC.241; P.L.113-2010, SEC.133; P.L.172-2011, SEC.146.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-16. Issuance of Bonds or Other Obligations

Sec. 16. (a) A unit may issue bonds or other obligations to finance the costs of addressing the development obstacles described in section 12(b)(3), 12(c), 12(d)(3), 12(e)(2), or 12.1(a) of this chapter in the district.
(b) The district bonds are special obligations of indebtedness of the district. The district bonds issued under this section, and interest on the district bonds, are payable solely out of amounts deposited in the industrial development fund under this chapter.
As added by P.L.125-1998, SEC.20. Amended by P.L.138-1999, SEC.6; P.L.174-2001, SEC.11; P.L.224-2003, SEC.242.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-17. Pledge of Money in Industrial Development Fund

Sec. 17. Money in the industrial development fund may be pledged by an advisory commission for the following purposes:
(1) To pay debt service on bonds or other obligations issued under this chapter.
(2) To establish and maintain a debt service reserve established by the advisory commission.
As added by P.L.125-1998, SEC.21. Amended by P.L.1-1999, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-18. Goals or Benchmarks for Property Development or Redevelopment

Sec. 18. (a) As used in this section, "developer" means a person that:
(1) proposes to enter into, or has entered into, a financing agreement with a unit for the development or redevelopment of a facility located in a district; and
(2) has entered into a separate agreement with some other person for the use or operation of the financed facility.
(b) A unit may establish goals or benchmarks concerning the development or redevelopment of property by a developer. The unit may provide that a developer that meets or exceeds the goals or benchmarks shall be paid a specified fee from the industrial development fund.
As added by P.L.125-1998, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-19. Termination of District

Sec. 19. When the advisory commission, or the legislative body of a county or municipality that adopts an ordinance designating a district under section 10.5 of this chapter, determines that the purposes for which a district was established have been accomplished and that all bonds or other obligations issued under this chapter and all interest on those bonds or obligations have been fully paid, the advisory commission or the legislative body shall adopt a resolution terminating the district. If an advisory commission or a legislative body adopts a resolution under this section, the advisory commission or the legislative body shall send a certified copy of the resolution by certified mail to the department.
As added by P.L.125-1998, SEC.23. Amended by P.L.174-2001, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-20. Covenant Not to Adversely Affect Owners of Bonds or Obligations

Sec. 20. The general assembly covenants that this chapter will not be repealed or amended in a manner that will adversely affect the owner of bonds or other obligations issued under this chapter.
As added by P.L.125-1998, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-21. Written Agreements for Joint Economic Development Projects

Sec. 21. (a) Two (2) or more:
(1) advisory commissions; or
(2) legislative bodies;
or any combination of advisory commissions and legislative bodies may enter into a written agreement under this section to jointly undertake economic development projects.
(b) A party to an agreement under this section may do one (1) or more of the following:
(1) Except as provided in subsection (c), grant one (1) or more of its powers to another party to the agreement.
(2) Exercise any power granted to it by a party to the agreement.
(3) Pledge any of its revenues to the bonds or lease rental obligations of another party to the agreement under IC 5-1-14-4.
(c) A party to an agreement under this section may not grant another party to the agreement the power to tax or to establish a district under this chapter.
(d) An action to challenge the validity of an agreement under this section must be brought not more than thirty (30) days after the agreement has been approved by all the parties to the agreement. After that period has passed, the agreement is not contestable for any cause.
As added by P.L.203-2005, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 13. Industrial Development › 36-7-13-22. Terms of Written Agreement for Joint Economic Development Project

Sec. 22. An agreement described in section 21 of this chapter must provide for the following:
(1) The duration of the agreement.
(2) The purpose of the agreement.
(3) The manner of financing, staffing, and supplying the joint undertaking and of establishing and maintaining a budget for the joint undertaking.
(4) The methods that may be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination of the agreement.
(5) The manner of acquiring, holding, and disposing of real and personal property used in the joint undertaking.
(6) Any other appropriate matters.
As added by P.L.203-2005, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-0.5. Definitions

Sec. 0.5. (a) The definitions in this section apply throughout this chapter.
(b) "Mixed use development project" means a development project that will provide more than one (1) use or purpose within a shared building or development area. The terms "use" or "purpose" may include, but are not limited to, housing, office, retail, medical, recreational, commercial, or industrial components.
(c) "Obligation" means any bond, note, warrant, lease, or other instrument under which money is borrowed.
(d) "Public funds" means all fees, payments, tax receipts, and funds of whatever kind or character coming into the possession of a:
(1) redevelopment commission; or
(2) department of redevelopment.
(e) "Qualified city" means a city:
(1) whose average property tax rate for the city over the five (5) immediately preceding calendar years did not exceed one dollar ($1) per one hundred dollars ($100) of assessed value;
(2) whose average balance in the city's general fund plus the city's rainy day fund over the three (3) immediately preceding calendar years exceeded by at least ten percent (10%) the amount of the city's average annual expenditures over the same period; or
(3) that is the county seat.
(f) "Residential housing" means housing or workforce housing that consists of single family dwelling units sufficient to secure quality housing in reasonable proximity to employment. The term includes condominiums and townhouses located within an economic development target area that is designated under IC 6-1.1-12.1-7.
(g) "Residential housing development program" means a residential housing development program for the:
(1) construction of new residential housing; or
(2) renovation of existing residential housing;
established by a commission under section 53 of this chapter.
(h) "Workforce housing" means housing that is affordable for households with earned income that is sufficient to secure quality housing in reasonable proximity to employment.
As added by P.L.149-2014, SEC.1. Amended by P.L.235-2019, SEC.1; P.L.154-2020, SEC.47; P.L.165-2021, SEC.205.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-1. Application of Chapter; Jurisdiction in Excluded Cities That Elect to Be Governed by This Chapter

Sec. 1. (a) This chapter applies to all units except:
(1) counties having a consolidated city, and units in those counties, except those units described in subsection (b); and
(2) townships.
(b) This chapter applies to an excluded city (as defined in IC 36-3-1-7) that adopts an ordinance electing to be governed by this chapter and establishes a redevelopment commission under section 3 of this chapter. Upon the adoption of an ordinance under this subsection:
(1) an area needing redevelopment;
(2) an economic development area; or
(3) an allocation area previously established under IC 36-7-15.1-37 through IC 36-7-15.1-58;
continues in full force and effect as if the area had been created under this chapter.
(c) An:
(1) area needing redevelopment;
(2) economic development area; or
(3) allocation area previously established under IC 36-7-15.1-37 through IC 36-7-15.1-58;
described in subsection (b) is subject to the jurisdiction of the redevelopment commission established under section 3 of this chapter and is not subject to the jurisdiction of the commission (as defined in IC 36-7-15.1-37).
[Pre-Local Government Recodification Citations: 18-7-7-4 part; 18-7-7-38 part; 18-7-7.1-3 part.]
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.310, SEC.82; P.L.190-2005, SEC.5; P.L.1-2006, SEC.564.