Ind. Code ch. 36-7-32.6

in effect

Ind. Code § 36-7-32.6-1 "Base assessed value"

Sec. 1. As used in this chapter, "base assessed value" means the net assessed value of all the taxable real property that is assessed as commercial, residential, or industrial property under the rules of the department of local government finance, and taxable personal property that is located in the stadium development district as finally determined for the assessment date immediately preceding the effective date of the designation by the city under section 14 of this chapter. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-2 "Board"

Sec. 2. As used in this chapter, "board" refers to the northwest Indiana stadium board created by IC 36-10-9.5. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-3 "City"

Sec. 3. As used in this chapter, "city" means the city of Hammond, Indiana. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-4 "Contractor"

Sec. 4. As used in this chapter, "contractor" has the meaning set forth in IC 6-2.5-1-14.9. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-5 "Designating body"

Sec. 5. As used in this chapter, "designating body" means the legislative body of the city. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-6 "Executive"

Sec. 6. As used in this chapter, "executive" means the executive of the city. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-7 "Gross retail base period amount"

Sec. 7. As used in this chapter, "gross retail base period amount" means the aggregate amount of state gross retail and use taxes remitted under IC 6-2.5: (1) by the businesses operating in the territory comprising the stadium development district; and (2) that is, in the case of the: (A) state gross retail tax, collected by a business for sales occurring at a physical location of the business in the stadium development district; (B) state use tax, incurred with regard to property used in the stadium development district; and (C) state gross retail and use tax incurred and paid by a contractor with regard to tangible personal property incorporated into real property that is located in the stadium development district, if the: (i) contractor can determine the amount of state gross retail or use tax incurred and paid on the tangible personal property incorporated into real property that is located in the stadium development district based on records maintained under section 24 of this chapter; and (ii) state gross retail or use tax is not otherwise included in the stadium development district or section 8 of this chapter; during the full state fiscal year that precedes the date on which the stadium development district was designated under section 14 of this chapter. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-8 "Gross retail incremental amount"

Sec. 8. 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: (A) by businesses operating in the territory comprising the stadium development district; and (B) that is, in the case of the: (i) state gross retail tax, collected by a business for sales occurring at a physical location of the business in the stadium development district; (ii) state use tax, incurred with regard to property used in the stadium development district; and (iii) state gross retail and use tax incurred and paid by a contractor with regard to tangible personal property incorporated into real property that is located in the stadium development district, if the contractor can determine the amount of state gross retail or use tax incurred and paid based on records maintained under section 24 of this chapter and the state gross retail and use tax is not otherwise included in the stadium development district or section 7 of this chapter; during the state fiscal year; minus (2) the gross retail base period amount; as determined by the department of state revenue. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-9 "Income tax base period amount"

Sec. 9. As used in this chapter, "income tax base period amount" means the aggregate amount of state adjusted gross income taxes paid: (1) by employees employed in the territory comprising the stadium development district with respect to wages and salary earned for work in the stadium development district; and (2) by individuals who are not employees with respect to income received for services performed in the territory comprising the stadium development district; for the state fiscal year that precedes the date on which the stadium development district is designated under section 14 of this chapter. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-10 "Income tax incremental amount"

Sec. 10. As used in this chapter, "income tax incremental amount" means the remainder of: (1) the total amount of state adjusted gross income taxes paid: (A) by employees employed in the territory comprising the stadium development district with respect to wages and salary earned for work in the territory comprising the stadium development district; and (B) by individuals who are not employees with respect to income received for services performed in the territory comprising the stadium development district; for a particular state fiscal year; minus (2) the income tax base period amount. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-11 "Net increment"

Sec. 11. As used in this chapter, "net increment" means the sum of: (1) the gross retail incremental amount; plus (2) the income tax incremental amount; as determined by the department of state revenue. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-12 "Professional sports development area"

Sec. 12. As used in this chapter. "professional sports development area" means the northwest Indiana professional sports development area that may be established under IC 36-7-31.6. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-13 "Stadium development district"

Sec. 13. As used in this chapter, "stadium development district" means the northwest Indiana stadium development district that may be established under this chapter. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-14 Designation of stadium development district; exceptions

Sec. 14. The designating body may, by resolution or ordinance adopted by the designating body, designate a stadium development district in the city. Any such resolution or ordinance adopted by the designating body shall include: (1) a description of the stadium development district; (2) the term of the stadium development district; and (3) the plan for the stadium development district which shall conform to the requirements of section 18 of chapter. The boundaries of the stadium development district may not extend beyond the corporate boundaries of the city and may not include any territory that is within the professional sports development area. The designating body may not designate any more than one (1) stadium development district in the city. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-15 Budget committee review

Sec. 15. Upon adoption of a resolution or ordinance designating a stadium development district under section 14 of this chapter, the designating body shall submit the resolution or ordinance to the budget committee established by IC 4-12-1-3 for review. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-16 Zoning laws apply

Sec. 16. A development within the stadium development district is subject to any zoning ordinance or other zoning law that otherwise applies to territory within the stadium development district. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-17 Limitation; term; stadium development district

Sec. 17. The term of the stadium development district as may be designated in section 14 of this chapter may not exceed thirty-five (35) years commencing from the date the budget committee reviews the resolution or ordinance designating a stadium development district pursuant to section 15 of this chapter. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-18 Requirement to establish a plan; required provisions; agreement with existing allocation area

Sec. 18. (a) The city shall establish a plan for the stadium development district which shall be approved by ordinance or resolution of the designating body as provided in section 14 of this chapter. (b) The plan must include the following provisions: (1) A description of the area consistent with section 14 of this chapter, including a list of all parcels included within the stadium development district. (2) Covenants and restrictions, if any, upon all or a part of the properties contained within the stadium development district and terms of enforcement of any covenants and restrictions. (3) A general description of any financial commitments of any owner or developer of property within the stadium development district. (4) The financial projections of the stadium development district. (5) The proposed use of the: (A) net increment; and (B) incremental property tax amount described in section 20(d) of this chapter; that is captured within the stadium development district, including the amount of any funds expected to be allocated to the business or businesses that are locating within the stadium development district as economic development incentives. (6) The aggregate percentage of annual incremental property tax revenue that will be transferred to the city under section 27(e) of this chapter. The aggregate percentage transferred may not be less than twelve percent (12%) of the annual amount of incremental property tax revenue deposited in the stadium development district fund established by section 27 of this chapter. (7) The public facilities to be developed for the stadium development district and the estimated costs of those public facilities. (8) Subject to the limitations of this chapter, the duration of the designation of the area as a stadium development district. Within fifteen (15) days of the approval thereof by the designating body, the city shall cause the plan, including any amendments thereto to the extent the designating body should amend the plan from time to time, to be filed with the board, the department of state revenue, and the department of local government finance. (c) If the stadium development district will include territory located in an existing allocation area, the executive, the city and the board shall enter into an agreement establishing the terms and conditions governing the stadium development district in accordance with this section. The agreement must include the following provisions: (1) The provisions listed in subsection (b)(1) through (b)(8). (2) A provision prohibiting the city or other entity that established the applicable existing allocation area from incurring any additional obligations that require a pledge of future incremental property tax revenue to be paid from the applicable existing allocation area without first obtaining the consent of the city and the board. (3) A provision requiring the maintenance of all applicable property tax records for the parcel or parcels located within the stadium development district during the term of the stadium development district. If the executive and the city cannot enter into an agreement under this subsection, the designation of any portion of territory within the stadium development district within the existing allocation area will no longer be effective. (d) The executive may discuss the terms of an agreement described in this section and hold a meeting as an executive session under IC 5-14-1.5-6.1 with the designating body. (e) Within fifteen (15) days of entering into an agreement under subsection (c), the city shall submit a written report on the agreement to the budget committee, the department of state revenue, and the department of local government finance. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-19 Allocation area designation

Sec. 19. If the stadium development district is designated under section 14 of this chapter, the executive shall designate the stadium development district as an allocation area for purposes of the allocation and distribution of property taxes. Not later than August 1 of the calendar year immediately following the designation, the executive shall: (1) set the base assessed value of the allocation area; and (2) provide notice of the designation and notice of the base assessed value; to the county auditor, the department of local government finance, the board, and to each taxing unit that has authority to levy property taxes in the geographic area where the stadium development district is located. The notice must state the general boundaries of the stadium development district and include the mailing address of all parcels to include within the stadium development district. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-20 Allocation of tax proceeds

Sec. 20. (a) The allocation area designated under section 19 of this chapter: (1) applies to the entire stadium development district; and (2) requires that any property tax assessed on taxable real and personal property used for commercial, residential, or industrial purposes subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes in the stadium development district be allocated and distributed as provided in subsections (c) and (d). (b) Property tax proceeds may not be allocated under this section before January 1 of the calendar year immediately following the calendar year in which the base assessed value of the allocation area is determined under section 19 of this chapter. (c) Except as otherwise provided in this section, the proceeds of the taxes attributable to the lesser of: (1) the assessed value of the taxable real and personal property for the assessment date with respect to which the allocation and distribution is made; or (2) the base assessed value: shall be allocated and, when collected, paid into the funds of the respective taxing units. (d) Except as provided in subsection (e), all the property tax proceeds that: (1) exceed those described in subsection (c); and (2) are attributable to the assessed value of taxable real and personal property used for commercial, residential, or industrial purposes; shall be paid into the stadium development district fund established by section 27 of this chapter by the county auditor at the same time that the county auditor distributes property taxes to other local units of government under IC 6-1.1-27. Any remaining property tax proceeds that exceed those described in subsection (c) that are not described in subdivision (2) shall be allocated and, when collected, paid into the funds of the respective taxing units. (e) Notwithstanding any other law, the county assessor shall, upon petition of the board, reassess the taxable real and personal property situated upon or in the stadium development district effective on the next assessment date after the petition. (f) Notwithstanding any other law, the assessed value of all taxable real and personal property in the stadium development district, for purposes of tax limitation, property tax replacement, and formulation of the budget, tax rate, and tax levy for each political subdivision in which the property is located is the lesser of: (1) the assessed value of the taxable real and personal property as valued without regard to this section; or (2) the base assessed value. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-21 Financial activity reporting requirements

Sec. 21. (a) Not later than April 15 of each year, the executive and board shall submit a report setting out the stadium development district's activities during the preceding calendar year to the: (1) fiscal body of the city; and (2) department of local government finance in an electronic format. (b) The report required under subsection (a) must include the following information set forth for the stadium development district regarding the previous year: (1) Revenues received. (2) Expenses paid. (3) Fund balances. (4) The amount and maturity date for all outstanding obligations. (5) The amount paid on outstanding obligations. (6) A list of all the parcels and the depreciable personal property of any designated taxpayer included in the tax increment financing district allocation area and the base assessed value and incremental assessed value for each parcel and the depreciable personal property of any designated taxpayer in the list. (7) Amounts distributed to the city as described in section 27(e) of this chapter. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-22 Agreement with taxpayer; exemption of property from taxation

Sec. 22. (a) The executive or the board may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in the allocation area established under this chapter for the stadium development district in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable, in whole or in part, from property taxes in accordance with the allocation provision for the allocation area and any applicable statute, ordinance, or resolution. (b) Except as provided in subsection (c), but notwithstanding any other law, the executive or board may exempt from taxation any tangible real property improvements or personal property, or a part of real property improvements or personal property, that: (1) in the case of real property improvements, is assessed as commercial, residential or industrial property under the rules of the department of local government finance; (2) is located within the stadium development district; and (3) was: (A) in the case of real property improvements, constructed; and (B) in the case of personal property, first entered into service; after the date that the stadium development district was designated under section 14 of this chapter. The executive or the board, as applicable, shall notify the county assessor and county auditor of the county in which the real property improvement or personal property is located of an exemption provided under this subsection. The executive, if the executive provided the exemption, or the board, if the board provided the exemption, may terminate the exemption by providing notice to the county assessor and county auditor of the county in which the real property improvement or personal property is located. An exemption, or the termination of an exemption, is effective beginning with the assessment date that immediately follows the date that the notice required under this subsection is provided by the executive or the board. (c) The executive and the board may not exempt from taxation any real property improvements or personal property described in subsection (b) after any bonds have been issued by the board or the northwest Indiana stadium authority under IC 5-1-17.1 that are payable from revenues deposited in the stadium development district fund established under section 27 of this chapter as long as the bonds remain outstanding. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-23 Administrative rules; neutralization of effect of reassessment or annual adjustment

Sec. 23. (a) The state board of accounts, the department of state revenue, and the department of local government finance may adopt rules under IC 4-22-2 and prescribe the forms and procedures that the state board of accounts, the department of state revenue, and the department of local government finance consider appropriate for the implementation of the stadium development district under this chapter. However, before adopting rules under this section, the state board of accounts, the department of state revenue, and the department of local government finance shall submit a report to the budget committee that: (1) describes the rules proposed by the state board of accounts, the department of state revenue, and the department of local government finance; and (2) recommends statutory changes necessary to implement the provisions of this chapter. (b) After each reassessment of real property in an area under a county's reassessment plan prepared under IC 6-1.1-4-4.2, the department of local government finance shall adjust the base assessed value one (1) time to neutralize any effect of the reassessment of the real property in the area on the property tax proceeds allocated to the stadium development district fund established by section 27 of this chapter. (c) After each annual adjustment under IC 6-1.1-4-4.5, the department of local government finance shall adjust the base assessed value to neutralize any effect of the annual adjustment on the property tax proceeds allocated to the stadium development district fund established by section 27 of this chapter. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-24 State gross retail and use tax paid or collected by a contractor; report

Sec. 24. (a) A contractor that provides tangible personal property incorporated into real property in a project located in the stadium development district shall maintain records of all state gross retail and use tax paid or collected during a state fiscal year for the tangible personal property incorporated into the real property in projects located in the stadium development district. (b) A contractor may issue an exemption certificate under IC 6-2.5-8-8 to a vendor when purchasing tangible personal property to be incorporated into real property located in the stadium development district. (c) A contractor that issues an exemption certificate to a vendor under subsection (b) is liable for collecting gross retail tax from the customer on the tangible personal property if the contractor uses a time and materials contract, or when accruing and remitting state use tax on the purchase price of the tangible personal property if the contractor uses a lump sum contract. (d) A contractor shall report the following to the department of state revenue, disaggregated by project, annually for each state fiscal year: (1) The amount of state gross retail and use taxes paid or collected by a contractor with respect to tangible personal property incorporated into real property in a project located in the stadium development district. (2) The issuing of any exemption certificates by the contractor under subsection (b). A contractor shall report the information required under this subsection for a state fiscal year not later than the July 31 immediately following the end of the state fiscal year. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-25 Information to department of state revenue

Sec. 25. (a) Except as provided in subsection (b), if the stadium development district is designated under section 14 of this chapter, the city shall, not later than August 1 of the calendar year immediately following the designation date, send to the department of state revenue: (1) a certified copy of the designation of the stadium development district under section 14 of this chapter, including the date of the designation; (2) a certified copy of the plan under section 18 for the stadium development district; (3) if an agreement is entered into under section 18 of this chapter, a certified copy of the agreement; and (4) a complete list of the employers and businesses that are paying for the services of individuals who are not employees in the stadium development district and each mailing address on each street in the stadium development district. The city shall provide, within ten (10) days of a request, any additional information requested by the department of state revenue concerning any information described in subdivisions (1) through (4). (b) The city shall update and send the list described in subsection (a)(4) to the department of state revenue before July 1 of each year. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-26 Determination of gross retail base period amount and income tax base period amount; tax incremental amount calculations; transfer of tax incremental amounts

Sec. 26. (a) Not later than October 1 of the calendar year immediately following the designation date of the stadium development district, the department of state revenue shall set the gross retail base period amount and the income tax base period amount. The department of state revenue may request any information necessary from the executive or the board to determine the gross retail base period amount and the income tax base period amount. Not later than ten (10) days after a request from the department of state revenue, the executive and the board shall provide the necessary information. (b) Revenue collected under the state adjusted gross income taxes and state gross retail and use taxes may not be allocated under this section before January 1 of the year immediately following the year in which the gross retail base period amount and the income tax base period amount are determined under subsection (a). (c) Before the first business day in October of each year, the department of state revenue shall calculate the income tax incremental amount and the gross retail incremental amount for the preceding state fiscal year for the stadium development district designated under this chapter. (d) Taxpayers operating in the stadium development district shall report annually, in the manner and form prescribed by the department of state revenue, information that the department of state revenue determines necessary to calculate the net increment. (e) A taxpayer operating in the stadium development district that files a consolidated tax return with the department of state revenue shall also file annually an informational return with the department of state revenue for each business location of the taxpayer within the stadium development district. (f) If a taxpayer fails to report the information required by this section or file an informational return required by this section, the department of state revenue shall use the best information available in calculating the income tax incremental amount and gross retail incremental amount. (g) The department of state revenue shall transfer the amount calculated as provided in subsection (c) to the stadium development district fund established for the stadium development district under section 27 of this chapter by November 1 of each year. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-27 Stadium development district fund; administration; use of money in the fund; required transfers to the city

Sec. 27. (a) The board or its designee shall establish a stadium development district fund for the stadium development district designated under section 14 of this chapter. (b) The fund consists of: (1) deposits of incremental property tax revenue from the county auditor as provided in section 20(d) of this chapter; and (2) transfers from the department of state revenue under section 26 of this chapter. (c) The board or its designee shall administer the stadium development district fund established under this section. The expenses of administering each fund shall be paid from money in the fund. (d) The board may use money in each fund for the following purposes: (1) The acquisition, improvement, preparation, demolition, disposal, construction, reconstruction, remediation, rehabilitation, restoration, preservation, maintenance, repair, furnishing, and equipping of public facilities, including but not limited to any stadiums, parking facilities or training facilities, utilities and transportation infrastructure. (2) The acquisition of land whether or not located within the stadium development district but within the city. (3) The recruitment of new businesses and new employees to the stadium development district. (4) The payment of economic development incentives granted by the Indiana economic development corporation to businesses located within the boundaries of the stadium development district. (5) To reimburse the state of Indiana or the Indiana finance authority created by IC 5-1.2-3 for expenditures described in subdivisions (1) through (4). (6) The payment of debt service payments or lease rental obligations due and payable during the state fiscal year for bonds issued by, or leases entered into by, the board or the northwest Indiana stadium authority created by IC 5-1-17.1, including any such obligations to finance all or any part of any stadiums, parking facilities, or training facilities, whether or not located within the stadium development district but within the city. (e) Not later than August 1 of each year, the board shall transfer an amount of incremental property tax revenue that may not be less than twelve percent (12%) of the annual amount of incremental property tax revenue deposited under subsection (b)(1) to the general fund of the city. A transfer under this subsection does not reduce the actual or maximum permissible levy of the city and may not be considered in determining the city's maximum permissible ad valorem property tax levy limit under IC 6-1.1-18.5. (f) Money in the stadium development district fund at the end of a state fiscal year does not revert to the state general fund. (g) Money in the stadium development district fund is continuously appropriated for the purposes specified in this section. As added by P.L.44-2026, SEC.27.

Ind. Code § 36-7-32.6-28 Limitation on designating territory

Sec. 28. (a) Notwithstanding any other law, the Indiana economic development corporation is prohibited from designating territory located in the stadium development district under this chapter as an innovation development district under IC 36-7-32.5. (b) Notwithstanding any other law, the northwest Indiana regional development authority established by IC 36-7.5-2-1 is prohibited from designating territory located in the stadium development district under this chapter as a transit development district under IC 36-7.5-4.5. As added by P.L.44-2026, SEC.27.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026