LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington, Suite 301 Indianapolis, IN 46204 (317) 233-0696 http://www.in.gov/legislative FISCAL IMPACT STATEMENT NOTE PREPARED: Dec 31, 2015 BILL AMENDED: LS 6694 BILL NUMBER: HB 1108 SUBJECT: Financing of Improvements for Carroll Stadium. FIRST AUTHOR: Rep. Huston FIRST SPONSOR: BILL STATUS: As Introduced FUNDS AFFECTED: X GENERAL X DEDICATED FEDERAL IMPACT: State & Local Summary of Legislation: The bill provides that Indiana University may issue and sell bonds to acquire, erect, construct, reconstruct, improve, rehabilitate, remodel, repair, complete, extend, or enlarge capital improvements at the Michael A. Carroll Track and Soccer Stadium. The bill specifies that the principal costs of the bonds issued (excluding amounts necessary to provide money for debt service reserves, credit enhancement, or other costs incidental to the issuance of the bonds) may not exceed $20 M. It provides that the bonds may not be issued unless: (1) the bond issuance has been reviewed by the Budget Committee; (2) the director of the Budget Agency has approved the bond issuance; and (3) a lease agreement has been entered into by Indiana University and a professional soccer team concerning the use of the stadium by the professional soccer team. It requires the Department of State Revenue (DOR) to separately account for: (1) all state sales taxes collected at the stadium or a specific hotel located in Indianapolis; and (2) all state income tax and County Option Income Tax (before 2017) and the county income tax from the expenditure rate (after 2016) collected on the wages, salaries, and contractual payments paid by a professional soccer team that plays the majority of its home games at the stadium and all state income tax and County Option Income Tax (before 2017) and county income tax from the expenditure rate (after 2016) collected on the wages, salaries, and contractual payments paid by a hotel located at the southeast corner of the intersection of Illinois Street and Market Street in Indianapolis (hotel). It provides that such county income tax shall be deposited in the state General Fund and not distributed to the county. It provides that if Indiana University issues the bonds, the county Admissions Tax in Marion County is HB 1108 1 imposed on the admissions to professional sports events at the stadium, and that such county Admissions Tax revenue is deposited in the state General Fund. It authorizes the Capital Improvement Board of Managers (CIB) to: (1) adopt a resolution to distribute Innkeeper's Tax revenue collected from the hotel to the Treasurer of State for deposit in the state General Fund; and (2) adopt a resolution to distribute Food and Beverage Tax (FBT) revenue collected from the stadium and the hotel to the Treasurer of State for deposit in the state General Fund; if the CIB determines that such tax revenue is not needed to pay obligations owed by the CIB and that the retention of such revenue by the state will not impair the rights and remedies of holders of any bonds or other obligations. The bill provides that after the Office of Management and Budget (OMB) certifies that the sum of: (1) all state sales taxes collected from transactions at the stadium or the hotel; (2) all Adjusted Gross Income (AGI) taxes and County Option Income Taxes (before 2017) and county income taxes from the expenditure rate (after 2016) collected on the wages, salaries, and contractual payments paid by the professional soccer team or the hotel; (3) all Admissions Taxes imposed on admission to professional sporting events at the stadium; (4) all county Food and Beverage Taxes (FBT) collected at the stadium or the hotel that are distributed to the Treasurer of State for deposit in the state General Fund; and (5) all county Innkeeper's taxes collected at the hotel that are distributed to the Treasurer of State for deposit in the state General Fund; equals the total amount of principal and interest payments to be made on the bonds issued for the capital improvements at the stadium, the county income tax from the hotel shall not be retained by the state, the Admissions Tax collected at the stadium shall be distributed to the CIB, and the CIB may not distribute county FBT and Innkeeper's taxes collected at the stadium or hotel to the Treasurer of State. It specifies that to the extent the costs of the capital improvements at the stadium exceed the sum of $20 M plus any amounts paid or contributed by the city of Indianapolis for those costs, the professional soccer team or the professional soccer league in which the professional soccer team competes (or both) must pay those excess costs. The bill appropriates $1.5 M from the state General Fund in the state fiscal year beginning July 1, 2016, to Indiana University for fee replacement. It also requires taxpayers operating at the stadium or the hotel to report to the DOR the information that it considers necessary to make the accounting for state and local taxes required by the bill. Effective Date: Upon passage; July 1, 2016. Explanation of State Expenditures: Bonds: The bill authorizes Indiana University to issue up to $20 M in bonds to improve Carroll Stadium. The bonds may only be issued if all the requirements in the bill are satisfied including obtaining a 20-year lease agreement with a professional soccer team. The bill also appropriates $1.5 M from the state General Fund for fee replacement in FY 2017. [The estimated annual debt service on a $20 M bond issue maturing in 20 years, assuming a 4.5% interest rate, is about $1.5 M.] Department of State Revenue (DOR): The bill requires the DOR to account for the revenue captured at the stadium and specific hotel. The DOR's current level of staff and resources should be sufficient to implement the provisions within the bill. Explanation of State Revenues: The bill allows the state to capture local tax revenue attributable to taxable events or qualifying income earned at: (1) Carroll Stadium and (2) a hotel located at the southeast corner of HB 1108 2 the intersection of Illinois Street and Market Street in Indianapolis. The local revenue capture will be deposited into the state General Fund. In addition, the bill requires the DOR to separately account for Sales and Use Tax and Individual Adjusted Gross Income (AGI) Tax attributable to taxable events or qualifying income earned at both facilities. The revenue from these taxes is not additional revenue. The attributable state revenue would already be deposited in the state General Fund. The revenue capture will continue until the Office of Management and Budget (OMB) certifies that the sum of all the attributable local revenue plus all the attributable state revenue from the facilities exceed the total cost to issue the bonds. The table below contains annual revenue capture estimates by tax type. Tax Type Annual Revenue Estimates Local Tax Revenue Captured and Credited Towards Repayment Amount Admission’s Tax $220,000 - $390,000 Local Income Tax $43,000 - $100,000 Food and Beverage Tax(FBT)* $23,000 - $40,000 Innkeeper’s Tax*^ $430,000 - $480,000 Total Local Revenue $720,000 - $1,020,000 State Revenue Credited Towards the Repayment Amount Adjusted Gross Income (AGI) Tax $150,000 - $370,000 Sales and Use Tax $660,000 - $830,000 Total State Revenue $810,000 - $1,210,000 Grand Total $1,526,000 - $2,210,000 *The CIB has the option to contribute these taxes towards the total repayment amount. ^The estimate assumes the CIB will only contribute revenue from the original 6% Marion County Innkeeper’s Tax. The estimates are based on several factors including: attendance at Indianapolis' professional soccer games, attendance at other sporting events held within the existing Professional Sports Development Area (PSDA) in Marion County, the operating revenue of the franchises within the existing PSDA, the forecasted state tax revenue captured by the existing PSDA, and data on hotel occupancy. The hotel is assumed to have 200 rooms. Actual revenue captured will depend on the number of events held at the stadium, future attendance, and the performance of the hotel. See Explanation of Local Revenues for additional information. Explanation of Local Expenditures: Explanation of Local Revenues: Summary - The bill authorizes the state to capture the Admissions Tax and Local Income Tax revenue from attributable events or qualifying income earned at Carroll Stadium and a specific hotel. In addition, the CIB may pass an ordinance to distribute the attributable FBT and Innkeeper’s Tax revenue to the state. If all the attributable revenue is distributed to the state, it may reduce total local tax HB 1108 3 collections by approximately $720,000 to $1,020,000 until the OMB certifies the total attributable tax revenue exceeds to cost to issue the bonds. Additional Information Marion County Admissions Tax: A 10% Admission Tax will be imposed on professional sporting events held at Carroll Stadium once Indiana University issues bonds to renovate the stadium. The revenue from Carroll Stadium will be initially deposited in the state General Fund. However, after the OMB certifies that the combined tax revenue attributable to the facilities exceeds the debt service of the bonds, the Admission Tax revenue will be distributed to the CIB. The amount of Admissions Tax revenue from covered events is estimated to be between $220,000 and $390,000 beginning in FY 2017. The revenue will likely increase if the stadium’s seating capacity is expanded and ticket prices increase. Local Income Tax: Local income tax revenue attributable to qualifying income earned at Carroll Stadium and the hotel will be deposited in the state General Fund instead of distributed to Marion County. This will reduce Marion County’s local income tax distribution between $42,000 and $100,000 each year until the total revenue capture from the various taxes exceeds the debt service of the bonds. [Only the tax revenue collected by Marion County’s expenditure rate is captured.] Food & Beverage Tax (FBT) and Innkeeper’s Tax: The bill allows the CIB to distribute the FBT and Innkeeper’s Tax attributable to the stadium and the hotel to the state General Fund. This distribution is optional. If the CIB chooses to distribute this revenue to the state, it would be credited towards the repayment of the bonds issued to the renovate Carroll Stadium. The estimated amount of revenue that could be distributed to the state General Fund is approximately $453,000 to $520,000 each year. Approximately $23,000 to $40,000 may be collected from FBT and $430,000 to $480,000 may be attributable to the original 6% Marion County Innkeeper’s Tax. [The revenue collected from the additional 4% Marion County Innkeeper’s Tax is pledged to specific obligations.] State Agencies Affected: Office of Management and Budget; State Budget Agency; Department of State Revenue; Treasurer of the State. Local Agencies Affected: Marion County. Information Sources: LSA, Fiscal Issue Brief - Indiana's Geographically Targeted Development Programs: Professional Sports and Convention Development Areas, October, 2014.; Forbes, NFL Team Values: The Business of Football, August 2015; Forbes, NBA Team Values: The Business of Basketball, accessed on December 13, 2015; Forbes, Minor League Baseball's Most Valuable Teams, July 17, 2013; ESPN, NFL Attendance - 2015, NBA Attendance - 2015, accessed on December 23, 2015. Minor League Baseball, International League: Attendance 2015; Indy Eleven, http://www.indyeleven.com/#; Bureau of Labor Statistics, Quarterly Census of Employment and Wages; Trustees of Indiana University, Official StatementConsolidated Revenue Bonds, Series 2015A, March 4, 2015. Fiscal Analyst: Heath Holloway, 232-9867. HB 1108 4