Bill Text: IN HB1023 | 2010 | Regular Session | Introduced
Bill Title: Lawrence County airport development zone.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Representative Blanton added as coauthor [HB1023 Detail]
Download: Indiana-2010-HB1023-Introduced.html
Citations Affected: IC 8-22-3.5.
Synopsis: Lawrence County airport development zone. Provides that
the Virgil I. Grissom municipal airport may be designated an airport
development zone by the Lawrence County board of aviation
commissioners.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Rules and Legislative
Procedures.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
(1) Each county having a consolidated city.
(2) Each city having a population of more than ninety thousand (90,000) but less than one hundred five thousand (105,000).
(3) Each county having a population of more than one hundred five thousand (105,000) but less than one hundred ten thousand (110,000).
(4) Each county having a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000).
(5) Each county having a population of more than one hundred seventy thousand (170,000) but less than one hundred eighty thousand (180,000).
(6) Each county having a population of more than one hundred
eighteen thousand (118,000) but less than one hundred twenty
thousand (120,000).
(7) Each city having a population of more than fifty-nine thousand
seven hundred (59,700) but less than sixty-five thousand
(65,000).
(8) Each county having a population of more than forty-five
thousand nine hundred (45,900) but less than forty-six
thousand (46,000).
(1) With respect to a county having a consolidated city, the metropolitan development commission acting as the redevelopment commission of the consolidated city, subject to IC 36-3-4-23.
(2) With respect to a city described in section 1(2) of this chapter, the board of the airport authority for the city.
(3) With respect to a county described in section 1(3) of this chapter, the board of an airport authority that is jointly established by the county and a municipality under IC 8-22-3.
(4) With respect to a county described in section 1(4) or 1(5) of this chapter, the board of an airport authority that is jointly established by the county and a municipality under IC 8-22-3.
(5) With respect to a county described in section 1(6) of this chapter, the board of an airport authority that is established by the county.
(6) With respect to a city described in section 1(7) of this chapter, the board of aviation commissioners for the city.
(7) With respect to a county described in section 1(8) of this chapter, the board of aviation commissioners for the county.
(1) A consolidated city.
(2) A city described in section 1(2) of this chapter.
(3) A city in a county described in section 1(3) of this chapter.
(4) A county described in section 1(4) of this chapter.
(5) A city located in a county described in section 1(4) of this chapter.
(6) A county described in section 1(5) of this chapter.
(7) A city located in a county described in section 1(5) of this chapter.
(8) A county described in section 1(6) of this chapter.
(9) A city described in section 1(7) of this chapter.
(10) A county described in section 1(8) of this chapter.
(1) five hundred million dollars ($500,000,000), if the project is to be located in a county having a consolidated city; or
(2) two hundred fifty thousand dollars ($250,000), if the project is to be located in:
(A) a city described in section 1(2) or 1(7) of this chapter; or
(B) in a county described in section 1(3), 1(4), 1(5),
Except as provided by subsection (b), the term includes any portion or expansion of the original qualified airport development project used by one (1) or more successor tenants.
(b) For purposes of section 9 of this chapter, the definition of "qualified airport development project" does not include any portion of, or expansion of, the original qualified airport development project used by a successor tenant unless the commission adopts a resolution to amend the definition to include that portion or expansion.
(1) In order to promote opportunities for the gainful employment of the citizens of the eligible entity and the attraction of a qualified airport development project to the eligible entity, an area under the jurisdiction of the board of aviation commissioners or airport authority should be declared an airport development zone.
(2) The public health and welfare of the eligible entity will be benefited by designating the area as an airport development zone.
(b) If the airport development zone will be located in a consolidated
city or in a county described in section 1(3), 1(4), 1(5), or 1(6), or 1(8)
of this chapter, the resolution adopted under subsection (a) must also
include a finding that there has been proposed a qualified airport
development project to be located in the airport development zone,
with the proposal supported by:
(1) financial and economic data; and
(2) preliminary commitments by business enterprises that
evidence a reasonable likelihood that the proposed qualified
airport development project will be initiated and accomplished.
(c) If the airport development zone will be located in a city
described in:
(1) section 1(2) of this chapter, the resolution adopted under
subsection (a) must also include findings stating that the most
recent federal decennial census for the city indicates the
following:
(A) The unemployment rate for the city is at least thirteen
percent (13%).
(B) The population of the city has decreased by at least ten
percent (10%) as compared to the population reported in the
preceding federal decennial census for the city.
(C) The median per capita income for city residents does not
exceed eighty percent (80%) of the median per capita income
for all residents of the United States.
(D) At least twenty-five percent (25%) of the population of the
city is below the federal income poverty level (as defined in
IC 12-15-2-1); or
(2) section 1(7) of this chapter, the resolution adopted under
subsection (a) must also include findings stating the following:
(A) There has been proposed a qualified airport development
project to be located in the airport development zone, with the
proposal supported by:
(i) financial and economic data; and
(ii) preliminary commitments by business enterprises that
evidence a reasonable likelihood that the proposed qualified
airport development project will be initiated and
accomplished.
(B) The city has Interstate Highway 69 serving the airport and
the city's residents and facilitating commerce and free travel
within and through the midwestern United States.
(d) The resolution adopted under subsection (a) must describe the
boundaries of the area. The description may be by reference to the
area's location in relation to public ways or streams, or otherwise, as
determined by the commission.
(e) If the airport development zone will be located in a county
described in section 1(4), 1(5), or 1(6), or 1(8) of this chapter, the
resolution adopted under subsection (a) and any qualified airport
development project to be located in the airport development zone,
must be approved by the executive of:
(1) the county, if the entire airport development zone or qualified
airport development project will be located outside the boundaries
of any municipality located in the county;
(2) a municipality located in the county, if the entire airport
development zone or qualified airport development project will
be located within the boundary of the municipality; or
(3) the county and a municipality located in the county, if the
airport development zone or qualified airport development project
will be located within the boundary of the county and in part
within the boundary of the municipality.
(1) city described in section 1(2) or 1(7) of this chapter; or
(2) county described in section 1(3), 1(4),
(b) Notwithstanding any other law, a business or an employee of a business that is located in an airport development zone is entitled to the benefits provided by the following statutes, as if the business were located in an enterprise zone:
(1) IC 6-3-2-8.
(2) IC 6-3-3-10.
(3) IC 6-3.1-7.
(4) IC 6-3.1-9.
(5) IC 6-3.1-10-6.
(c) Before June 1 of each year, a business described in subsection (b) must pay a fee equal to the amount of the fee that is required for enterprise zone businesses under IC 5-28-15-5(a)(4)(A). However, notwithstanding IC 5-28-15-5(a)(4)(A), the fee shall be paid into the debt service fund established under section 9(e)(2) of this chapter. If the commission determines that a business has failed to pay the fee required by this subsection, the business is not eligible for any of the benefits described in subsection (b).
(d) A business that receives any of the benefits described in subsection (b) must use all of those benefits, except for the amount of
the fee required by subsection (c), for its property or employees in the
airport development zone and to assist the commission. If the
commission determines that a business has failed to use its benefits in
the manner required by this subsection, the business is not eligible for
any of the benefits described in subsection (b).
(e) If the commission determines that a business has failed to pay
the fee required by subsection (c) or has failed to use benefits in the
manner required by subsection (d), the commission shall provide
written notice of the determination to the department of state revenue,
the department of local government finance, and the county auditor.