IC 6-9-4-1 Application of chapter
Sec. 1. This chapter applies to a county having a population of
more than one hundred twenty thousand (120,000) but less than one
hundred thirty thousand (130,000). As added by Acts 1977, P.L.92, SEC.3. Amended by Acts 1982, P.L.1,
SEC.10; P.L.12-1992, SEC.36; P.L.170-2002, SEC.33.
IC 6-9-4-2 Convention and visitor commission; creation; membership
Sec. 2. (a) There is created a five (5) member convention and
visitor commission (referred to as the "commission" in this chapter),
whose purpose it is to promote the development and growth of the
convention and visitor industry in the county.
(b) The county council, by majority vote, shall appoint three (3)
members of the commission. Two (2) members must be owners or
general managers of a hotel or motel having at least forty (40) beds
that is located in the county.
(c) The county commissioners, by majority vote, shall appoint two
(2) members of the commission. One (1) member must be an owner
or general manager of a hotel or motel having at least forty (40) beds
that is located in the county. One (1) member must be the director or
associate director of the Indiana University Memorial Union.
(d) All terms of office begin on January 1 and end on December
31. Members of the commission appointed by the county council
serve two (2) year terms, and members appointed by the county
commissioners serve one (1) year terms. A member whose term
expires may be reappointed to serve another term. If a vacancy
occurs, a person shall be appointed by the original appointing
authority to serve for the remainder of the term.
(e) A member of the commission may be removed for cause by his
appointing authority.
(f) Members of the commission may not receive a salary.
However, commission members shall receive reimbursement for
necessary expenses, but only when the necessary expenses are
incurred in the performance of their respective duties. As added by Acts 1977, P.L.92, SEC.3. Amended by P.L.62-1990,
SEC.1; P.L.85-1995, SEC.34.
IC 6-9-4-3 Powers and duties of commission
Sec. 3. (a) The commission may:
(1) accept and use gifts, grants, and contributions from any
public or private source, under terms and conditions which the
commission deems necessary and desirable;
(2) sue and be sued;
(3) enter into contracts and agreements;
(4) make rules and regulations necessary for the conduct of its
business and the accomplishment of its purposes;
(5) receive and approve, alter, or reject requests and proposals
for funding by not-for-profit corporations or political
subdivisions; and
(6) after its approval of a proposal, transfer money, quarterly or
less frequently, from any funds available under section 7 of this
chapter for the purpose of promotion and encouragement in the
county of conventions, trade shows, visitors, or special events,
and for the financing of facilities to be used by the commission
for those purposes.
(b) The commission and the county jointly, by resolution of the
commission and ordinance of the county council, may:
(1) mortgage, pledge, or lease property owned by the county for
the purposes of this chapter;
(2) pledge tax revenues received under this chapter to finance
facilities to be used by the commission or by the not-for-profit
corporation with which it contracts to transfer funds, for the
purposes set forth in subsection (a)(6); and
(3) require financial or other reports from any corporation that
receives funds under this chapter.
(c) The commission may pledge tax revenues received under this
chapter to finance facilities to be used by the commission or by the
not-for-profit corporation with which it contracts to transfer funds,
for the purposes set forth in subsection (a)(6).
(d) A majority of the commission shall constitute a quorum for the
transaction of business, and the concurrence of a majority of those
present shall be necessary to authorize any action. As added by Acts 1977, P.L.92, SEC.3. Amended by P.L.75-1988,
SEC.1.
IC 6-9-4-4 Expenses of commission; budget; expenditures
Sec. 4. All expenses of the commission shall be paid from the
fund established in section 7 of this chapter. The commission shall
annually prepare a budget taking into consideration the
recommendations made by a not-for-profit corporation qualifying
under section 3 of this chapter and shall submit it to the county
council for its review and approval. No expenditure shall be made
unless it is pursuant to an appropriation made by the county council
in the manner provided by law. As added by Acts 1977, P.L.92, SEC.3.
IC 6-9-4-5 Reports by not-for-profit corporations receiving funds
Sec. 5. Any not-for-profit corporation that receives funds under
this chapter shall make a financial or other report upon request of the
commission. As added by Acts 1977, P.L.92, SEC.3. IC 6-9-4-6 Tax on lodgings authorized; collection
Sec. 6. (a) The county council may levy a tax on every person
engaged in the business of renting or furnishing, for periods of less
than thirty (30) days, any room or rooms, lodgings, or
accommodations in any commercial hotel, motel, inn, tourist cabin,
university memorial union, or university residence hall, except state
camping facilities, located in the county. The tax shall be imposed at
the rate of at least three percent (3%) but not more than five percent
(5%) on the gross income derived from lodging income only and
shall be in addition to the state gross retail tax imposed on those
persons by IC 6-2.5. The tax does not apply to a retail transaction in
which a student rents lodging in a university memorial union or
residence hall while that student participates in a course of study for
which the student receives college credit from a state university
located in the county.
(b) The county fiscal body may adopt an ordinance to require that
the tax be reported on forms approved by the county treasurer and
that the tax shall be paid monthly to the county treasurer. If such an
ordinance is adopted, the tax shall be paid to the county treasurer not
more than twenty (20) days after the end of the month the tax is
collected. If such an ordinance is not adopted, the tax shall be
imposed, paid, and collected in exactly the same manner as the state
gross retail tax is imposed, paid, and collected pursuant to IC 6-2.5.
(c) All of the provisions of IC 6-2.5 relating to rights, duties,
liabilities, procedures, penalties, definitions, exemptions, and
administration apply to the imposition and administration of the tax
imposed under this section, except to the extent those provisions are
in conflict or inconsistent with the specific provisions of this chapter
or the requirements of the county treasurer. Specifically and not in
limitation of the foregoing sentence, the terms "person" and "gross
income" shall have the same meaning in this section as they have in
IC 6-2.5, except that "person" shall not include state supported
educational institutions. If the tax is paid to the department of state
revenue, the returns to be filed for the payment of the tax under this
section may be either a separate return or may be combined with the
return filed for the payment of the state gross retail tax as the
department of state revenue may by rule determine.
(d) If the tax is paid to the department of state revenue, the
amounts received from the tax shall be paid quarterly by the treasurer
of state to the county treasurer upon warrants issued by the auditor
of state.
(e) The tax imposed under subsection (a) does not apply to the
renting or furnishing of rooms, lodgings, or accommodations to a
person for a period of thirty (30) days or more. As added by Acts 1977, P.L.92, SEC.3. Amended by Acts 1979,
P.L.82, SEC.4; P.L.19-1986, SEC.21; P.L.108-1987, SEC.5;
P.L.62-1990, SEC.2; P.L.67-1997, SEC.5.
IC 6-9-4-7 Innkeeper's tax fund; expenditures
Sec. 7. (a) The county treasurer shall establish an innkeeper's tax
fund. The treasurer shall deposit in the fund all money the treasurer
receives under section 6 of this chapter.
(b) Money in the fund shall be expended in the following order:
(1) To service:
(A) bonds issued by the county under IC 36-2-6-18 through
IC 36-2-6-20; or
(B) other debt incurred by the commission or the
not-for-profit corporation with which the commission
contracts to transfer funds;
if the bonds or other debt are issued for the purposes set forth
in section 3(a)(6) of this chapter and are payable in whole or in
part from money derived from the innkeeper's tax.
(2) To fund or maintain a debt service reserve for bonds or debt
described in subdivision (1).
(3) To pay the commission's operating expenses and its other
expenses in carrying out the purposes set forth in section 3(a)(6)
of this chapter.
(c) The county auditor shall make a semiannual distribution, at the
time property tax revenue is distributed, to the paying agent for any
bonds described in subsection (b)(1). Each semiannual distribution
must be equal to one-half (1/2) of the annual principal and interest
obligations on the bonds. Money received by a paying agent under
this subsection shall be deposited in a special fund to be used to
service the bonds. As added by Acts 1977, P.L.92, SEC.3. Amended by P.L.75-1988,
SEC.2; P.L.3-1989, SEC.43.
IC 6-9-4-8 Unauthorized transfer and use of funds; offenses
Sec. 8. (a) A member of the commission who knowingly approves
the transfer of funds to any person not qualified under this chapter
for such a transfer, or approves a transfer for a purpose not permitted
under this chapter, commits a Class D felony.
(b) A person who receives a transfer of funds under this chapter,
and knowingly uses the funds for any purpose other than a proposal
approved by the commission, commits a Class D felony. As added by Acts 1977, P.L.92, SEC.3. Amended by Acts 1978, P.L.2,
SEC.654.
IC 6-9-4-9 Bonds or debts; adverse legislation; covenant
Sec. 9. With respect to bonds or debt for which a pledge of tax
revenues has been made under section 3 of this chapter, the general
assembly covenants with the commission, the county, the purchasers
of those bonds, and the lenders to a not-for-profit corporation under
this chapter that:
(1) this chapter will not be repealed or amended in any manner
that will adversely affect the imposition or collection of the tax
imposed by this chapter or the rights of lenders or bond
purchasers; and
(2) this chapter will not be amended in any manner that will
change the purpose for which revenues from the tax imposed by
this chapter may be used;
as long as the principal of, or interest on, any of the bonds or debt is
unpaid. As added by P.L.75-1988, SEC.3.
IC 6-9-4-1 Application of chapter
Sec. 1. This chapter applies to a county having a population of
more than one hundred twenty thousand (120,000) but less than one
hundred thirty thousand (130,000). As added by Acts 1977, P.L.92, SEC.3. Amended by Acts 1982, P.L.1,
SEC.10; P.L.12-1992, SEC.36; P.L.170-2002, SEC.33.
IC 6-9-4-2 Convention and visitor commission; creation; membership
Sec. 2. (a) There is created a five (5) member convention and
visitor commission (referred to as the "commission" in this chapter),
whose purpose it is to promote the development and growth of the
convention and visitor industry in the county.
(b) The county council, by majority vote, shall appoint three (3)
members of the commission. Two (2) members must be owners or
general managers of a hotel or motel having at least forty (40) beds
that is located in the county.
(c) The county commissioners, by majority vote, shall appoint two
(2) members of the commission. One (1) member must be an owner
or general manager of a hotel or motel having at least forty (40) beds
that is located in the county. One (1) member must be the director or
associate director of the Indiana University Memorial Union.
(d) All terms of office begin on January 1 and end on December
31. Members of the commission appointed by the county council
serve two (2) year terms, and members appointed by the county
commissioners serve one (1) year terms. A member whose term
expires may be reappointed to serve another term. If a vacancy
occurs, a person shall be appointed by the original appointing
authority to serve for the remainder of the term.
(e) A member of the commission may be removed for cause by his
appointing authority.
(f) Members of the commission may not receive a salary.
However, commission members shall receive reimbursement for
necessary expenses, but only when the necessary expenses are
incurred in the performance of their respective duties. As added by Acts 1977, P.L.92, SEC.3. Amended by P.L.62-1990,
SEC.1; P.L.85-1995, SEC.34.
IC 6-9-4-3 Powers and duties of commission
Sec. 3. (a) The commission may:
(1) accept and use gifts, grants, and contributions from any
public or private source, under terms and conditions which the
commission deems necessary and desirable;
(2) sue and be sued;
(3) enter into contracts and agreements;
(4) make rules and regulations necessary for the conduct of its
business and the accomplishment of its purposes;
(5) receive and approve, alter, or reject requests and proposals
for funding by not-for-profit corporations or political
subdivisions; and
(6) after its approval of a proposal, transfer money, quarterly or
less frequently, from any funds available under section 7 of this
chapter for the purpose of promotion and encouragement in the
county of conventions, trade shows, visitors, or special events,
and for the financing of facilities to be used by the commission
for those purposes.
(b) The commission and the county jointly, by resolution of the
commission and ordinance of the county council, may:
(1) mortgage, pledge, or lease property owned by the county for
the purposes of this chapter;
(2) pledge tax revenues received under this chapter to finance
facilities to be used by the commission or by the not-for-profit
corporation with which it contracts to transfer funds, for the
purposes set forth in subsection (a)(6); and
(3) require financial or other reports from any corporation that
receives funds under this chapter.
(c) The commission may pledge tax revenues received under this
chapter to finance facilities to be used by the commission or by the
not-for-profit corporation with which it contracts to transfer funds,
for the purposes set forth in subsection (a)(6).
(d) A majority of the commission shall constitute a quorum for the
transaction of business, and the concurrence of a majority of those
present shall be necessary to authorize any action. As added by Acts 1977, P.L.92, SEC.3. Amended by P.L.75-1988,
SEC.1.
IC 6-9-4-4 Expenses of commission; budget; expenditures
Sec. 4. All expenses of the commission shall be paid from the
fund established in section 7 of this chapter. The commission shall
annually prepare a budget taking into consideration the
recommendations made by a not-for-profit corporation qualifying
under section 3 of this chapter and shall submit it to the county
council for its review and approval. No expenditure shall be made
unless it is pursuant to an appropriation made by the county council
in the manner provided by law. As added by Acts 1977, P.L.92, SEC.3.
IC 6-9-4-5 Reports by not-for-profit corporations receiving funds
Sec. 5. Any not-for-profit corporation that receives funds under
this chapter shall make a financial or other report upon request of the
commission. As added by Acts 1977, P.L.92, SEC.3. IC 6-9-4-6 Tax on lodgings authorized; collection
Sec. 6. (a) The county council may levy a tax on every person
engaged in the business of renting or furnishing, for periods of less
than thirty (30) days, any room or rooms, lodgings, or
accommodations in any commercial hotel, motel, inn, tourist cabin,
university memorial union, or university residence hall, except state
camping facilities, located in the county. The tax shall be imposed at
the rate of at least three percent (3%) but not more than five percent
(5%) on the gross income derived from lodging income only and
shall be in addition to the state gross retail tax imposed on those
persons by IC 6-2.5. The tax does not apply to a retail transaction in
which a student rents lodging in a university memorial union or
residence hall while that student participates in a course of study for
which the student receives college credit from a state university
located in the county.
(b) The county fiscal body may adopt an ordinance to require that
the tax be reported on forms approved by the county treasurer and
that the tax shall be paid monthly to the county treasurer. If such an
ordinance is adopted, the tax shall be paid to the county treasurer not
more than twenty (20) days after the end of the month the tax is
collected. If such an ordinance is not adopted, the tax shall be
imposed, paid, and collected in exactly the same manner as the state
gross retail tax is imposed, paid, and collected pursuant to IC 6-2.5.
(c) All of the provisions of IC 6-2.5 relating to rights, duties,
liabilities, procedures, penalties, definitions, exemptions, and
administration apply to the imposition and administration of the tax
imposed under this section, except to the extent those provisions are
in conflict or inconsistent with the specific provisions of this chapter
or the requirements of the county treasurer. Specifically and not in
limitation of the foregoing sentence, the terms "person" and "gross
income" shall have the same meaning in this section as they have in
IC 6-2.5, except that "person" shall not include state supported
educational institutions. If the tax is paid to the department of state
revenue, the returns to be filed for the payment of the tax under this
section may be either a separate return or may be combined with the
return filed for the payment of the state gross retail tax as the
department of state revenue may by rule determine.
(d) If the tax is paid to the department of state revenue, the
amounts received from the tax shall be paid quarterly by the treasurer
of state to the county treasurer upon warrants issued by the auditor
of state.
(e) The tax imposed under subsection (a) does not apply to the
renting or furnishing of rooms, lodgings, or accommodations to a
person for a period of thirty (30) days or more. As added by Acts 1977, P.L.92, SEC.3. Amended by Acts 1979,
P.L.82, SEC.4; P.L.19-1986, SEC.21; P.L.108-1987, SEC.5;
P.L.62-1990, SEC.2; P.L.67-1997, SEC.5.
IC 6-9-4-7 Innkeeper's tax fund; expenditures
Sec. 7. (a) The county treasurer shall establish an innkeeper's tax
fund. The treasurer shall deposit in the fund all money the treasurer
receives under section 6 of this chapter.
(b) Money in the fund shall be expended in the following order:
(1) To service:
(A) bonds issued by the county under IC 36-2-6-18 through
IC 36-2-6-20; or
(B) other debt incurred by the commission or the
not-for-profit corporation with which the commission
contracts to transfer funds;
if the bonds or other debt are issued for the purposes set forth
in section 3(a)(6) of this chapter and are payable in whole or in
part from money derived from the innkeeper's tax.
(2) To fund or maintain a debt service reserve for bonds or debt
described in subdivision (1).
(3) To pay the commission's operating expenses and its other
expenses in carrying out the purposes set forth in section 3(a)(6)
of this chapter.
(c) The county auditor shall make a semiannual distribution, at the
time property tax revenue is distributed, to the paying agent for any
bonds described in subsection (b)(1). Each semiannual distribution
must be equal to one-half (1/2) of the annual principal and interest
obligations on the bonds. Money received by a paying agent under
this subsection shall be deposited in a special fund to be used to
service the bonds. As added by Acts 1977, P.L.92, SEC.3. Amended by P.L.75-1988,
SEC.2; P.L.3-1989, SEC.43.
IC 6-9-4-8 Unauthorized transfer and use of funds; offenses
Sec. 8. (a) A member of the commission who knowingly approves
the transfer of funds to any person not qualified under this chapter
for such a transfer, or approves a transfer for a purpose not permitted
under this chapter, commits a Class D felony.
(b) A person who receives a transfer of funds under this chapter,
and knowingly uses the funds for any purpose other than a proposal
approved by the commission, commits a Class D felony. As added by Acts 1977, P.L.92, SEC.3. Amended by Acts 1978, P.L.2,
SEC.654.
IC 6-9-4-9 Bonds or debts; adverse legislation; covenant
Sec. 9. With respect to bonds or debt for which a pledge of tax
revenues has been made under section 3 of this chapter, the general
assembly covenants with the commission, the county, the purchasers
of those bonds, and the lenders to a not-for-profit corporation under
this chapter that:
(1) this chapter will not be repealed or amended in any manner
that will adversely affect the imposition or collection of the tax
imposed by this chapter or the rights of lenders or bond
purchasers; and
(2) this chapter will not be amended in any manner that will
change the purpose for which revenues from the tax imposed by
this chapter may be used;
as long as the principal of, or interest on, any of the bonds or debt is
unpaid. As added by P.L.75-1988, SEC.3.
IC 6-9-4-1 Application of chapter
Sec. 1. This chapter applies to a county having a population of
more than one hundred twenty thousand (120,000) but less than one
hundred thirty thousand (130,000). As added by Acts 1977, P.L.92, SEC.3. Amended by Acts 1982, P.L.1,
SEC.10; P.L.12-1992, SEC.36; P.L.170-2002, SEC.33.
IC 6-9-4-2 Convention and visitor commission; creation; membership
Sec. 2. (a) There is created a five (5) member convention and
visitor commission (referred to as the "commission" in this chapter),
whose purpose it is to promote the development and growth of the
convention and visitor industry in the county.
(b) The county council, by majority vote, shall appoint three (3)
members of the commission. Two (2) members must be owners or
general managers of a hotel or motel having at least forty (40) beds
that is located in the county.
(c) The county commissioners, by majority vote, shall appoint two
(2) members of the commission. One (1) member must be an owner
or general manager of a hotel or motel having at least forty (40) beds
that is located in the county. One (1) member must be the director or
associate director of the Indiana University Memorial Union.
(d) All terms of office begin on January 1 and end on December
31. Members of the commission appointed by the county council
serve two (2) year terms, and members appointed by the county
commissioners serve one (1) year terms. A member whose term
expires may be reappointed to serve another term. If a vacancy
occurs, a person shall be appointed by the original appointing
authority to serve for the remainder of the term.
(e) A member of the commission may be removed for cause by his
appointing authority.
(f) Members of the commission may not receive a salary.
However, commission members shall receive reimbursement for
necessary expenses, but only when the necessary expenses are
incurred in the performance of their respective duties. As added by Acts 1977, P.L.92, SEC.3. Amended by P.L.62-1990,
SEC.1; P.L.85-1995, SEC.34.
IC 6-9-4-3 Powers and duties of commission
Sec. 3. (a) The commission may:
(1) accept and use gifts, grants, and contributions from any
public or private source, under terms and conditions which the
commission deems necessary and desirable;
(2) sue and be sued;
(3) enter into contracts and agreements;
(4) make rules and regulations necessary for the conduct of its
business and the accomplishment of its purposes;
(5) receive and approve, alter, or reject requests and proposals
for funding by not-for-profit corporations or political
subdivisions; and
(6) after its approval of a proposal, transfer money, quarterly or
less frequently, from any funds available under section 7 of this
chapter for the purpose of promotion and encouragement in the
county of conventions, trade shows, visitors, or special events,
and for the financing of facilities to be used by the commission
for those purposes.
(b) The commission and the county jointly, by resolution of the
commission and ordinance of the county council, may:
(1) mortgage, pledge, or lease property owned by the county for
the purposes of this chapter;
(2) pledge tax revenues received under this chapter to finance
facilities to be used by the commission or by the not-for-profit
corporation with which it contracts to transfer funds, for the
purposes set forth in subsection (a)(6); and
(3) require financial or other reports from any corporation that
receives funds under this chapter.
(c) The commission may pledge tax revenues received under this
chapter to finance facilities to be used by the commission or by the
not-for-profit corporation with which it contracts to transfer funds,
for the purposes set forth in subsection (a)(6).
(d) A majority of the commission shall constitute a quorum for the
transaction of business, and the concurrence of a majority of those
present shall be necessary to authorize any action. As added by Acts 1977, P.L.92, SEC.3. Amended by P.L.75-1988,
SEC.1.
IC 6-9-4-4 Expenses of commission; budget; expenditures
Sec. 4. All expenses of the commission shall be paid from the
fund established in section 7 of this chapter. The commission shall
annually prepare a budget taking into consideration the
recommendations made by a not-for-profit corporation qualifying
under section 3 of this chapter and shall submit it to the county
council for its review and approval. No expenditure shall be made
unless it is pursuant to an appropriation made by the county council
in the manner provided by law. As added by Acts 1977, P.L.92, SEC.3.
IC 6-9-4-5 Reports by not-for-profit corporations receiving funds
Sec. 5. Any not-for-profit corporation that receives funds under
this chapter shall make a financial or other report upon request of the
commission. As added by Acts 1977, P.L.92, SEC.3. IC 6-9-4-6 Tax on lodgings authorized; collection
Sec. 6. (a) The county council may levy a tax on every person
engaged in the business of renting or furnishing, for periods of less
than thirty (30) days, any room or rooms, lodgings, or
accommodations in any commercial hotel, motel, inn, tourist cabin,
university memorial union, or university residence hall, except state
camping facilities, located in the county. The tax shall be imposed at
the rate of at least three percent (3%) but not more than five percent
(5%) on the gross income derived from lodging income only and
shall be in addition to the state gross retail tax imposed on those
persons by IC 6-2.5. The tax does not apply to a retail transaction in
which a student rents lodging in a university memorial union or
residence hall while that student participates in a course of study for
which the student receives college credit from a state university
located in the county.
(b) The county fiscal body may adopt an ordinance to require that
the tax be reported on forms approved by the county treasurer and
that the tax shall be paid monthly to the county treasurer. If such an
ordinance is adopted, the tax shall be paid to the county treasurer not
more than twenty (20) days after the end of the month the tax is
collected. If such an ordinance is not adopted, the tax shall be
imposed, paid, and collected in exactly the same manner as the state
gross retail tax is imposed, paid, and collected pursuant to IC 6-2.5.
(c) All of the provisions of IC 6-2.5 relating to rights, duties,
liabilities, procedures, penalties, definitions, exemptions, and
administration apply to the imposition and administration of the tax
imposed under this section, except to the extent those provisions are
in conflict or inconsistent with the specific provisions of this chapter
or the requirements of the county treasurer. Specifically and not in
limitation of the foregoing sentence, the terms "person" and "gross
income" shall have the same meaning in this section as they have in
IC 6-2.5, except that "person" shall not include state supported
educational institutions. If the tax is paid to the department of state
revenue, the returns to be filed for the payment of the tax under this
section may be either a separate return or may be combined with the
return filed for the payment of the state gross retail tax as the
department of state revenue may by rule determine.
(d) If the tax is paid to the department of state revenue, the
amounts received from the tax shall be paid quarterly by the treasurer
of state to the county treasurer upon warrants issued by the auditor
of state.
(e) The tax imposed under subsection (a) does not apply to the
renting or furnishing of rooms, lodgings, or accommodations to a
person for a period of thirty (30) days or more. As added by Acts 1977, P.L.92, SEC.3. Amended by Acts 1979,
P.L.82, SEC.4; P.L.19-1986, SEC.21; P.L.108-1987, SEC.5;
P.L.62-1990, SEC.2; P.L.67-1997, SEC.5.
IC 6-9-4-7 Innkeeper's tax fund; expenditures
Sec. 7. (a) The county treasurer shall establish an innkeeper's tax
fund. The treasurer shall deposit in the fund all money the treasurer
receives under section 6 of this chapter.
(b) Money in the fund shall be expended in the following order:
(1) To service:
(A) bonds issued by the county under IC 36-2-6-18 through
IC 36-2-6-20; or
(B) other debt incurred by the commission or the
not-for-profit corporation with which the commission
contracts to transfer funds;
if the bonds or other debt are issued for the purposes set forth
in section 3(a)(6) of this chapter and are payable in whole or in
part from money derived from the innkeeper's tax.
(2) To fund or maintain a debt service reserve for bonds or debt
described in subdivision (1).
(3) To pay the commission's operating expenses and its other
expenses in carrying out the purposes set forth in section 3(a)(6)
of this chapter.
(c) The county auditor shall make a semiannual distribution, at the
time property tax revenue is distributed, to the paying agent for any
bonds described in subsection (b)(1). Each semiannual distribution
must be equal to one-half (1/2) of the annual principal and interest
obligations on the bonds. Money received by a paying agent under
this subsection shall be deposited in a special fund to be used to
service the bonds. As added by Acts 1977, P.L.92, SEC.3. Amended by P.L.75-1988,
SEC.2; P.L.3-1989, SEC.43.
IC 6-9-4-8 Unauthorized transfer and use of funds; offenses
Sec. 8. (a) A member of the commission who knowingly approves
the transfer of funds to any person not qualified under this chapter
for such a transfer, or approves a transfer for a purpose not permitted
under this chapter, commits a Class D felony.
(b) A person who receives a transfer of funds under this chapter,
and knowingly uses the funds for any purpose other than a proposal
approved by the commission, commits a Class D felony. As added by Acts 1977, P.L.92, SEC.3. Amended by Acts 1978, P.L.2,
SEC.654.
IC 6-9-4-9 Bonds or debts; adverse legislation; covenant
Sec. 9. With respect to bonds or debt for which a pledge of tax
revenues has been made under section 3 of this chapter, the general
assembly covenants with the commission, the county, the purchasers
of those bonds, and the lenders to a not-for-profit corporation under
this chapter that:
(1) this chapter will not be repealed or amended in any manner
that will adversely affect the imposition or collection of the tax
imposed by this chapter or the rights of lenders or bond
purchasers; and
(2) this chapter will not be amended in any manner that will
change the purpose for which revenues from the tax imposed by
this chapter may be used;
as long as the principal of, or interest on, any of the bonds or debt is
unpaid. As added by P.L.75-1988, SEC.3.
