Sec. 6. (a) As used in this section, "fund" refers to the convention and exhibition center fund.
(b) As used in this section, "primary capital improvement" means a capital improvement in the nature of a convention and exhibition center for which the majority of the money deposited in the fund in calendar year 1993 was used.
(c) The amount of revenue collected by the county treasurer under section 5 of this chapter as a result of a five percent (5%) rate shall be deposited quarterly in the convention and exhibition center fund.
(d) Money in the fund shall be expended by the board of managers to:
(1) finance, construct, improve, equip, operate, promote, and maintain any capital improvement in the nature of a convention and exhibition center;
(2) renovate, equip, operate, and maintain any existing structure which may be used as a convention and exhibition center;
(3) refund bonds issued for a purpose described in subdivisions (1) through (2), make lease payments incurred, or retire bonds issued to finance, construct, improve, or equip a capital project described in this section;
(4) promote tourism; or
(5) any other purpose described in this section.
(e) The board of managers shall expend money in the fund that is not used to operate a facility or make payments under a lease agreement in the following order of priority:
(1) First, to preserve and enhance the physical condition and economic competitiveness of the primary capital improvement, including the establishment of reasonable reserves.
(2) Second, for capital improvements to support, supplement, or enhance the utilization of the primary capital improvement and for tourism promotion. However, the capital improvements to which this subdivision applies must be managed directly or ultimately by the governing body of the primary capital improvement.
(f) The board of managers is authorized to enter into lease arrangements with governmental or private agencies for the purpose of using the facilities for convention, civic, or exhibition activities. The convention and exhibition center fund may be obligated by the board of managers and used for the purpose of paying any amount agreed upon in said lease agreement with governmental or private agencies.
(g) With respect to obligations to refund or retire bonds or loans issued or make lease payments incurred for a purpose described in this section, the general assembly covenants with the holders of these obligations that:
(1) this chapter will not be repealed or amended in any manner that will adversely affect the imposition or collection of the portion of the tax imposed under this chapter that is authorized to be expended for an obligation; and
(2) this chapter will not be amended in any manner that will change the purpose for which the revenues from the tax imposed under this chapter;
as long as the payment of any of those obligations is outstanding.
Formerly: Acts 1972, P.L.58, SEC.1; Acts 1975, P.L.197, SEC.13. As amended by Acts 1980, P.L.62, SEC.2; P.L.97-1983, SEC.6; P.L.49-1994, SEC.2; P.L.108-2019, SEC.137; P.L.69-2021, SEC.3.
Structure Indiana Code
Article 9. Innkeeper's Taxes; Other Local Taxes
Chapter 1. St. Joseph County Innkeeper's Tax
6-9-1-0.3. Legalization of Certain Expenditures to Promote Tourism in St. Joseph County
6-9-1-1. "Board of Managers" Defined
6-9-1-2. Special Funds Board of Managers; Creation in Certain Counties; Membership; Compensation
6-9-1-3. Meetings; Election of Officers; Quorum
6-9-1-4. Management of Funds; Bonds
6-9-1-5. Tax Levy; Rate; Payment and Collection; Exemption
6-9-1-6. Convention and Exhibition Center Fund
6-9-1-6.2. Sports Complex Fund
6-9-1-6.3. Potawatomi Zoo Fund
6-9-1-6.4. Morris Performing Arts Center Fund