HB 1561 Indiana House · 2025 Regular Session

Tax increment financing.

Summary
Provides that a redevelopment commission may use money from certain funds for the purpose of paying more toward debt service obligations, in order to retire debt service earlier, regardless of whether that use is listed in the redevelopment commission's annual spending plan. Provides that a redevelopment commission making accelerated debt payments may retain the assessed value associated with the original debt service schedule. Provides that early debt retirement applies only if the early defeasance of debt is allowed according to the bond issuance documents. Provides that allocated property tax proceeds that are otherwise authorized to be expended for purposes related to a redevelopment project that is located outside the boundaries of the allocation area may be expended for those purposes only if the redevelopment commission immediately at the conclusion of a public hearing adopts a declaratory resolution, and the applicable legislative body votes to approve the declaratory resolution that finds that it has been clearly demonstrated that the expenditure: (1) will directly benefit the allocation area; or (2) will result in the creation or retention of jobs in the private sector and provide an estimate of how many jobs will be created or retained over a specified time period. Provides that the expenditure allowance does not apply to any transfer of property tax proceeds to a school corporation, an accredited or nonaccredited public or private school, or a charter school. Prohibits a redevelopment commission from adopting an amendment to a declaratory resolution that contains an allocation area provision that extends the expiration date of the allocation area provision. Provides that after the expiration of a previous allocation area provision, a redevelopment commission may adopt a declaratory resolution, or an amendment to a declaratory resolution, that contains a new allocation area provision with a new expiration date, and for which the county auditor in which the unit is located shall compute the base assessed value for the allocation area using the assessment date immediately preceding the effective date of the new allocation provision of the declaratory resolution or amendment. Allows a redevelopment commission to, pursuant to the approval of the local legislative body, create an account for a specific infrastructure purpose. Requires a redevelopment commission to provide to the unit's executive and fiscal body an analysis of revenues and expenditures on a per allocation basis and correlate the analysis with the required spending plan. Provides that in jurisdictions where a redevelopment commission has not returned any amount of assessed value in the preceding three years, the redevelopment commission must identify relief measures that could be implemented to alleviate taxpayer burdens. Exempts jurisdictions where the excess assessed value determined by a redevelopment commission is expected to generate less than 200% of the amount of allocated tax proceeds necessary to make, when due, principal and interest payments on certain bonds plus the amount for certain other purposes. Requires a redevelopment commission to report its findings in its annual report. Requires a redevelopment commission to include an invitation to overlapping taxing units to participate in the hearing regarding the redevelopment project. Requires the redevelopment commission to include a record of overlapping taxing unit attendance in its annual report to the department of local government finance. Provides that the adoption of a declaratory resolution and subsequent legislative body approval are not required if the expenditures for purposes related to a redevelopment project that is located outside the boundaries of the allocation area are for: (1) infrastructure; (2) utilities; (3) drainage; or (4) environmental remediation. Enumerates permissible infrastructure maintenance expenditures. Provides that a redevelopment commission may use its discretion, where excess assessed value amounts are not already explicitly set aside for use within the current calendar year for a purpose under a current development plan, to allocate excess assessed value amounts to the respective taxing units rather than reserving those excess assessed value amounts for future or indefinite purposes. Provides that, with regard to the prohibition of a redevelopment commission adopting an amendment to a declaratory judgment that contains an allocation area provision that extends the expiration date of the allocation area provision, a redevelopment commission is not prevented from removing parcels from an existing allocation area before its expiration date or adding parcels to a new allocation area.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 21, 2025 Last action Feb 19, 2025
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What changed between versions

Introduced House Bill (H) House Bill (H) · 7 edits
MODERATE
HB 1561 was amended to update its effective dates, expand the definition of special funds, and add new reporting and oversight requirements for redevelopment commissions. The changes aim to improve transparency, ensure proper use of redevelopment funds, and provide clearer guidelines for when and how redevelopment projects can be approved and funded.
Scope change
The bill's scope was expanded to include additional special funds in its definition and to apply new reporting requirements to jurisdictions that have not returned excess assessed value in three years.
TIMELINE

Added July 1, 2026 as an effective date for certain provisions, expanding the retroactive application of the bill.

DEFINITION

Expanded the definition of 'special fund' to include additional allocation funds from various chapters of the Indiana Code.

REQUIREMENT

Requires redevelopment commissions to provide revenue and expenditure analyses to executive and fiscal bodies on a per-allocation basis.

Mandates that redevelopment commissions identify relief measures for jurisdictions that have not returned excess assessed value in the preceding three years.

Requires redevelopment commissions to invite overlapping taxing units to participate in redevelopment project hearings and include attendance records in annual reports.

Allows redevelopment commissions to allocate excess assessed value to taxing units rather than reserving for future purposes when amounts are not explicitly set aside.

ELIGIBILITY

Exempts jurisdictions where excess assessed value is expected to generate less than 200% of allocated tax proceeds from certain requirements.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
1
Feb 17, 2025
Lower · Passed
Committee report: amend do pass, adopted
lower
1 primary · 3 co-sponsors

Sponsors