reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.5. Historic Hotel Preservation › 36-7-11.5-3.5. Orange County Development Commission

Sec. 3.5. (a) The Orange County development commission is established.
(b) The development commission consists of the following members:
(1) An individual appointed by the legislative body of Orange County.
(2) An individual appointed by the legislative body of the town of French Lick.
(3) An individual appointed by the legislative body of the town of West Baden.
(4) An individual appointed by the legislative body of the town of Paoli.
(5) An individual appointed by the legislative body of the town of Orleans.
(6) A nonvoting member appointed by the governor.
(c) The members of the development commission shall each serve for a term of three (3) years. A vacancy shall be filled for the duration of the term by the original appointing authority.
(d) Each member of the development commission must, before beginning the discharge of the duties of the member's office, do the following:
(1) Take an oath that the member will faithfully execute the duties of the member's office according to Indiana law and rules adopted under Indiana law.
(2) Provide a bond to the state:
(A) for twenty-five thousand dollars ($25,000); and
(B) that is, after being executed and approved, recorded in the office of the secretary of state.
(e) A member of the development commission is not entitled to a salary per diem. However, a member is entitled to reimbursement for travel expenses incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the budget agency.
(f) An individual who is an employee of a county or town described in subsection (b) may not be appointed to the development commission until at least three (3) years after the date the individual's employment with the county or town is terminated.
(g) An individual who is a member of any other board serving a county or town described in subsection (b) may not be appointed to the development commission until at least three (3) years after the date the individual's membership on the board expires.
(h) An individual who is:
(1) employed by the hotel riverboat resort or an affiliated business;
(2) contracted or hired to perform a service for the hotel riverboat resort or an affiliated business; or
(3) engaged in any other form of a business relationship with the hotel riverboat resort or an affiliated business;
may not be appointed to the development commission until at least three (3) years after the date on which the individual's employment or business relationship with the hotel riverboat resort or an affiliated business is terminated.
As added by P.L.234-2007, SEC.283.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.5. Historic Hotel Preservation › 36-7-11.5-3.7. Abolition of Historic Hotel Preservation Commission Established by Interlocal Agreement; Transitional Provisions

Sec. 3.7. (a) As used in this section, "commission" refers to a historic hotel preservation commission established by an interlocal agreement under section 3 of this chapter (before its repeal).
(b) As used in this section, "local development agreement" refers to the local development agreement:
(1) entered into by:
(A) the town of French Lick;
(B) the town of West Baden Springs;
(C) Orange County;
(D) the commission; and
(E) Blue Sky Casino, LLC; and
(2) dated July 28, 2005.
(c) Notwithstanding any other law, the commission is abolished on July 1, 2007.
(d) Notwithstanding any other law, the term of office of a member of the commission serving on June 30, 2007, terminates July 1, 2007.
(e) Any balance remaining on June 30, 2007, in the community trust fund established under section 8 of this chapter (before its repeal) is transferred to the Orange County development commission established by section 3.5 of this chapter.
(f) On July 1, 2007, all records and property of the commission are transferred to the Orange County development commission established by section 3.5 of this chapter.
(g) Except as provided in subsection (h), an unfulfilled financial commitment made by the commission is void on July 1, 2007.
(h) The Orange County development commission shall assume the commission's commitments to the French Lick Municipal Airport.
(i) Any part of a local development agreement that requires a town to make payments to a county is void on July 1, 2007.
(j) P.L.234-2007 does not affect the validity of a historic hotel district established in Orange County before January 1, 2007, under section 2 of this chapter.
As added by P.L.220-2011, SEC.663.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.5. Historic Hotel Preservation › 36-7-11.5-5. Rules; Required Meetings

Sec. 5. (a) The development commission shall elect from its membership a chairperson and vice chairperson, who shall serve for one (1) year and may be reelected.
(b) The development commission shall adopt rules consistent with this chapter for the transaction of its business. The rules must include the time and place of regular meetings and a procedure for the calling of special meetings. Three (3) voting members constitute a quorum of the development commission. No action may be taken by the development commission unless a majority of the voting members appointed to the development commission vote in favor of taking the action.
(c) All meetings of the development commission must be open to the public, and a public record of the development commission's resolutions, proceedings, and actions must be kept.
(d) The development commission shall employ an administrator who shall act as the commission's secretary.
(e) The development commission shall hold regular meetings, at least monthly, except when it has no business pending.
As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007, SEC.284.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.5. Historic Hotel Preservation › 36-7-11.5-6. Funds

Sec. 6. (a) Money acquired by the development commission is subject to the laws concerning the deposit and safekeeping of public money.
(b) The money of the development commission and the accounts of each officer, employee, or other person entrusted by law with the raising, disposition, or expenditure of the money or part of the money are subject to examination by the state board of accounts.
As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007, SEC.285.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.5. Historic Hotel Preservation › 36-7-11.5-7. Powers and Responsibilities

Sec. 7. (a) The development commission shall do the following:
(1) Employ an administrator and other professional staff necessary to assist the development commission in carrying out its duties.
(2) Facilitate and coordinate the development of Orange County.
(3) Serve as a liaison between the riverboat located in a historic hotel district and the political subdivisions located in Orange County.
(4) Facilitate and coordinate the appropriate development of the historical environment of the towns of French Lick and West Baden.
(5) Establish a grant program to provide financial support to community organizations in Orange County.
(b) The development commission may do the following:
(1) Engage consultants, attorneys, accountants, and other professionals necessary to carry out the development commission's duties.
(2) Award grants and low interest loans to promote economic development through tourism in Orange County.
(c) The development commission shall:
(1) promote economic development through tourism;
(2) attract new business;
(3) improve housing; and
(4) engage in any other activity that promotes the development of Orange County.
As added by P.L.92-2003, SEC.62. Amended by P.L.97-2004, SEC.127; P.L.234-2007, SEC.286.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.5. Historic Hotel Preservation › 36-7-11.5-13. Low Interest Loans

Sec. 13. (a) An individual may apply for a grant or low interest loan on a form prescribed by the development commission.
(b) A form prescribed by the development commission must be designed to be read and easily understood by the ordinary individual.
As added by P.L.234-2007, SEC.289.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.9. Economic Development and Pollution Control; Definitions › 36-7-11.9-2. "Developer"

Sec. 2. "Developer" means a person that proposes to enter, or has entered, into a financing agreement with a unit for economic development or pollution control facilities and that has entered into a separate agreement with some other person for the substantial use of the facilities financed.
As added by P.L.20-1985, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.9. Economic Development and Pollution Control; Definitions › 36-7-11.9-3. "Economic Development Facilities"

Sec. 3. (a) "Economic development facilities" includes land; interests in land; site improvements; infrastructure improvements; buildings; structures; rehabilitation, renovation, and enlargement of buildings and structures; economic improvement projects under IC 36-7-22; machinery; equipment; and furnishings for the following:
(1) Facilities for manufacturing, warehousing, distribution, or processing of tangible or intangible property.
(2) Facilities for commercial, business, health care, or recreational activities (whether for profit or not-for-profit), except for any of the following:
(A) Private or commercial golf course.
(B) Country club.
(C) Massage parlor.
(D) Tennis club.
(E) Skating facility (including roller skating, skateboarding, or ice skating).
(F) Racquet sports facility (including any handball or racquetball court).
(G) Hot tub facility.
(H) Suntan facility.
(I) Racetrack.
(J) Airplane.
(K) Skybox or other private luxury box.
(L) Health club.
(M) Any facility primarily used for gambling.
(N) Any store the principal business of which is the sale of alcoholic beverages for consumption off premises.
As added by P.L.20-1985, SEC.14. Amended by P.L.2-1987, SEC.50; P.L.25-1987, SEC.42; P.L.131-2008, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.9. Economic Development and Pollution Control; Definitions › 36-7-11.9-6. "Financing Agreement"

Sec. 6. "Financing agreement" means an agreement between a unit and a developer, user, or lender concerning the financing of, the title to, or possession of economic development or pollution control facilities, and payments to the unit in respect of the financing, title, or possession.
As added by P.L.20-1985, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.9. Economic Development and Pollution Control; Definitions › 36-7-11.9-7. "Lender"

Sec. 7. "Lender" means any federal or state chartered bank, federal land bank, savings association, production credit association, bank for cooperatives, or small business investment company, and includes any other institution qualified to originate and service loans, such as an insurance company, credit union, or mortgage loan company.
As added by P.L.20-1985, SEC.14. Amended by P.L.79-1998, SEC.107.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.9. Economic Development and Pollution Control; Definitions › 36-7-11.9-8. "Pollution"

Sec. 8. "Pollution" means all forms of environmental pollution, including water pollution, air pollution, solid and radioactive waste, thermal pollution, radiation contamination, and noise pollution.
As added by P.L.20-1985, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.9. Economic Development and Pollution Control; Definitions › 36-7-11.9-9. "Pollution Control Facilities"

Sec. 9. "Pollution control facilities" includes land; interests in land; site improvements; infrastructure improvements; buildings; structures; rehabilitation, renovation, and enlargement of buildings and structures; machinery; equipment; and furnishings for facilities for the abatement, reduction, or prevention of pollution, or for the removal or treatment of any substances in materials being processed that otherwise would cause pollution when used. This includes the following:
(1) Coal washing, coal cleaning, or coal preparation facilities designed to reduce the sulfur and ash levels of Indiana coal.
(2) Coal-fired boiler facilities designed to reduce emissions while burning Indiana coal.
(3) Pollution control equipment to allow for the environmentally sound use of Indiana coal.
As added by P.L.20-1985, SEC.14. Amended by P.L.25-1987, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.9. Economic Development and Pollution Control; Definitions › 36-7-11.9-9.3. "Taxable Bonds"

Sec. 9.3. "Taxable bonds" means bonds, the interest on which will not be excluded from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code.
As added by P.L.25-1987, SEC.44.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.9. Economic Development and Pollution Control; Definitions › 36-7-11.9-9.7. "Tax-Exempt Bonds"

Sec. 9.7. "Tax-exempt bonds" means bonds, the interest on which will be excluded from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code.
As added by P.L.25-1987, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.9. Economic Development and Pollution Control; Definitions › 36-7-11.9-10. "User"

Sec. 10. "User" means a person that has entered into a financing agreement with a unit, a developer, or a lender in contemplation of its use of the facilities referred to in the agreement.
As added by P.L.20-1985, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-1. Application of Chapter

Sec. 1. This chapter applies to all units except townships.
[Pre-Local Government Recodification Citation: 18-6-4.5-3 part.]
As added by Acts 1981, P.L.309, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-2. Repealed

[Pre-Local Government Recodification Citation: 18-6-4.5-2 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.40-1983, SEC.2; P.L.197-1984, SEC.1. Repealed by P.L.20-1985, SEC.18(a).
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-3. Declaration of Public Purpose

Sec. 3. The financing of single, identified economic development or pollution control facilities and the provision of a program to finance multiple, unidentified economic development or pollution control facilities that promote a substantial likelihood of:
(1) creating or retaining opportunities for gainful employment;
(2) creating business opportunities;
(3) providing reliable water services;
(4) the abatement, reduction, or prevention of pollution; or
(5) the removal or treatment of substances in materials being processed that otherwise would cause pollution when used;
serve a public purpose and will be of benefit to the health or general welfare of the unit proposing to issue bonds for the financing or program or of the unit where the facilities that are to be financed are located.
[Pre-Local Government Recodification Citation: 18-6-4.5-1 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.25-1987, SEC.46; P.L.35-1990, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-4. Economic Development Departments and Commissions; Creation

Sec. 4. If the fiscal body of a unit finds it necessary to finance economic development or pollution control facilities under this chapter, the fiscal body may establish a department of economic development, to be controlled by a commission known as "__________ Economic Development Commission", designating the name of the municipality or county.
[Pre-Local Government Recodification Citation: 18-6-4.5-3 part.]
As added by Acts 1981, P.L.309, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-5. Second and Third Class Cities; Commission Members; Appointment; Terms of Office

Sec. 5. (a) This section applies to second and third class cities that establish a department of economic development.
(b) The members of the economic development commission shall be appointed by the city executive. One (1) of the members shall be selected by the city executive, one (1) shall be nominated by the fiscal body of the county in which the city is located, and one (1) shall be nominated by the city fiscal body.
(c) The economic development commissioners shall take office upon their appointment, and their terms run from February 1 after their original appointment, for a period of:
(1) three (3) years, if selected by the city executive;
(2) two (2) years, if nominated by the city fiscal body; and
(3) one (1) year, if nominated by the county fiscal body.
(d) If the ordinance of the city fiscal body establishing the department of economic development provides for a five (5) member commission, or if the fiscal body later adopts an ordinance increasing the membership from three (3) to five (5), two (2) additional members shall be selected and appointed by the city executive, one (1) for a term of three (3) years and one (1) for a term of one (1) year from February 1 after their appointment.
[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1981, P.L.44, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-6. Towns; Commission Members; Appointment; Terms of Office

Sec. 6. (a) This section applies to towns that establish a department of economic development.
(b) The members of the economic development commission shall be appointed by the town executive. One (1) of the members shall be selected by the town executive, one (1) shall be nominated by the fiscal body of the county in which the town is located, and one (1) shall be nominated by the town fiscal body.
(c) The economic development commissioners shall take office upon their appointment, and their terms run from February 1 after their original appointment, for a period of:
(1) three (3) years, if selected by the town executive;
(2) two (2) years, if nominated by the town fiscal body; and
(3) one (1) year, if nominated by the county fiscal body.
[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]
As added by Acts 1981, P.L.309, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-7. Counties; Commission Members; Appointment; Terms of Office

Sec. 7. (a) This section applies to counties that establish a department of economic development.
(b) The members of the economic development commission shall be appointed by the county executives. One (1) of the members shall be selected by the county executive, one (1) shall be nominated by the county fiscal body, and one (1) shall be nominated by the fiscal body of the most populous municipality located in the county.
(c) The economic development commissioners shall take office upon their appointment, and their terms run from February 1 after their original appointment, for a period of:
(1) three (3) years, if selected by the county executive;
(2) two (2) years, if nominated by the county fiscal body; and
(3) one (1) year, if nominated by the fiscal body of the most populous municipality.
[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]
As added by Acts 1981, P.L.309, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-8. Consolidated Cities; Commission Members; Appointment; Terms of Office

Sec. 8. (a) This section applies to consolidated cities that establish a department of economic development.
(b) The members of the economic development commission shall be appointed by the city executive. One (1) of the members shall be selected by the city executive, and two (2) shall be nominated by the city fiscal body.
(c) The economic development commissioners shall take office upon their appointment, and their terms run from February 1 after their original appointment, for a period of:
(1) three (3) years, if selected by the city executive;
(2) two (2) years, for one (1) of the two (2) commissioners nominated by the city fiscal body; and
(3) one (1) year, for the remaining commissioner nominated by the city fiscal body.
(d) If the ordinance of the city fiscal body establishing the department of economic development provides for a five (5) member commission, or if the fiscal body later adopts an ordinance increasing the membership from three (3) to five (5), two (2) additional members shall be selected and appointed by the city executive, one (1) for a term of three (3) years and one (1) for a term of one (1) year from February 1 after their appointment.
[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]
As added by Acts 1981, P.L.309, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-9. Commissioners; Selection and Nomination; Successors in Office

Sec. 9. (a) After the adoption of an ordinance establishing a department of economic development, the clerk of the fiscal body establishing the department shall promptly notify the executives and fiscal bodies required to make selections and nominations by this chapter. The officers required to make selections and nominations shall do so within fifteen (15) days after receiving that notice. Each selectee and nominee shall be appointed by the appropriate executive officer within ten (10) days after the executive officer receives the nomination.
(b) At the expiration of the respective terms of each of the original economic development commissioners, their respective successors shall be selected and nominated, before the expiration of the term, in the same manner as the original commissioner, and each succeeding commissioner shall serve for a term of four (4) years. A commissioner shall hold over after the expiration of the commissioner's term until the commissioner's successor is appointed and has qualified.
[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.192.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-10. Commissioners; Failure to Nominate; Vacancies

Sec. 10. (a) If a fiscal body fails to make a nomination within the time specified by section 9 of this chapter, the executive may select and appoint a person without a nomination.
(b) If a person appointed as an economic development commissioner fails to take the oath of office required by section 11 of this chapter within ten (10) days after the notice of the appointment is mailed to the person, or if any commissioner, after qualifying, dies, resigns, vacates the commissioner's office, or is removed from office, a new commissioner shall be appointed to fill the vacancy in the same manner as the commissioner in respect to whom the vacancy occurs was appointed. A commissioner appointed under this subsection shall serve for the remainder of the vacated term.
[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.193.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-11. Commissioners; Oaths; Certificates of Appointment

Sec. 11. Before beginning the economic development commissioner's duties, each economic development commissioner, shall take and subscribe an oath of office in the usual form, to be indorsed upon the certificate of the economic development commissioner's appointment. The certificate shall be promptly filed with the clerk of the fiscal body that established the department.
[Pre-Local Government Recodification Citation: 18-6-4.5-6 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.194.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-12. Organizational Meetings; Officers

Sec. 12. (a) An economic development commission shall meet within thirty (30) days after its original appointment, at a time and place designated by the executive of the unit, for the purpose of organization, and shall meet to reorganize in February of each succeeding year.
(b) At the meeting required by subsection (a), an economic development commission shall elect one (1) of its members as president, one (1) as vice president, and one (1) as secretary. Each officer shall serve from the date of the officer's election until January 31 after the officer's election, and until the officer's successor is elected and qualified.
[Pre-Local Government Recodification Citation: 18-6-4.5-6 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.195.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-13. Commissions; Rules; Meetings; Quorum; Approval of Actions; Records

Sec. 13. (a) An economic development commission may adopt the bylaws, rules, and regulations that it considers necessary. Regular or special meetings shall be held at times and upon notice fixed by the commission, either by resolution or in accordance with the bylaws, rules, and regulations adopted.
(b) A majority of the members of an economic development commission constitutes a quorum.
(c) Actions of an economic development commission must be approved by a majority of the members of the commission.
(d) The records of an economic development commission are public records.
[Pre-Local Government Recodification Citations: 18-6-4.5-7; 18-6-4.5-13 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1981, P.L.310, SEC.72.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-14. Removal of Commissioners From Office

Sec. 14. An economic development commissioner may be removed from office for neglect of duty, incompetency, inability to perform the commissioner's duties, or any other good cause, by the executive or fiscal body that selected or nominated the commissioner. The commissioner removed may obtain judicial review of the removal by filing a complaint in a circuit or superior court in the county, and the burden of proof is upon the executive or fiscal body that removed the commissioner. The cause shall be placed on the advanced calendar and be tried as other civil causes are tried by the court, without a jury. The court's judgment may be appealed in the same manner as any civil action.
[Pre-Local Government Recodification Citation: 18-6-4.5-8.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.196.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-15. Commissioners; Expenses and per Diem

Sec. 15. An economic development commissioner is not entitled to any salary, but is entitled to:
(1) reimbursement for expenses necessarily incurred in the performance of the commissioner's duties; and
(2) a per diem allowance for each day the commissioner attends a commission meeting, if that allowance:
(A) does not exceed the per diem allowance for members of the general assembly; and
(B) is authorized by the fiscal body that established the commission.
[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.197.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-16. Pecuniary Interest of Commissioner in Matters Considered by Commission

Sec. 16. (a) An economic development commissioner shall disclose any pecuniary interest in any employment, financing agreement, or other contract made under this chapter before any action by the commission on it, and shall not vote on any such matter.
(b) Notwithstanding any other law, a member of the fiscal body of a unit may have a pecuniary interest in any employment, financing agreement, or other contract made under this chapter if the member discloses the member's pecuniary interest before any action by the fiscal body on it and does not vote on any such matter.
(c) If any property in which an economic development commissioner or member of a fiscal body of a unit has a pecuniary interest is property required for the purposes of this chapter, that property may be acquired, but only by gift or condemnation.
[Pre-Local Government Recodification Citation: 18-6-4.5-9.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.198.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-17. Commissions; Investigatory Duties

Sec. 17. (a) An economic development commission shall investigate, study, and survey the need for additional job opportunities, industrial diversification, water services, and pollution control facilities in the unit, and shall recommend action to improve or promote job opportunities, industrial diversification, water services, and availability of pollution control facilities in the unit.
(b) As part of an investigation under subsection (a), an economic development commission may participate in the financing of business appraisals and financial feasibility studies of the possible purchase of a business with operations in the commission's jurisdiction by the employees of that operation through an employee stock ownership plan (ESOP). The employees must agree to repay the commission's contribution to the cost of the appraisals and studies if such a purchase is successful.
[Pre-Local Government Recodification Citation: 18-6-4.5-10.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.169-1990, SEC.1; P.L.35-1990, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-18. Powers of Units

Sec. 18. (a) A unit may:
(1) enter into agreements concerning, and acquire by any lawful means, land or interests in land and personal property needed for the purposes of this chapter;
(2) exercise its power of eminent domain to acquire unimproved land, unoccupied economic development facilities, or pollution control facilities and the land relating to those facilities, for the purposes of this chapter;
(3) purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve economic development or pollution control facilities, including land, machinery, or equipment;
(4) lease economic development or pollution control facilities to users or developers, with or without an option to purchase;
(5) sell economic development or pollution control facilities to users or developers, for consideration to be paid in installments or otherwise;
(6) make direct loans to users or developers for the cost of acquisition, construction, or installation of economic development or pollution control facilities, including land, machinery, or equipment, with the loans to be secured by the pledge of one (1) or more taxable or tax-exempt bonds or other secured or unsecured debt obligations of the users or developers;
(7) enter into agreements with users or developers to allow the users or developers to wholly or partially construct economic development or pollution control facilities to be acquired by the unit;
(8) issue taxable or tax-exempt bonds under this chapter for single or multiple, identified or unidentified, economic development or pollution control facilities to accomplish the purposes of this chapter, and secure their payment as provided in this chapter;
(9) establish reserves from the proceeds of the sale of taxable or tax-exempt bonds, other funds, or both, to secure the payment of the principal and interest on the bonds;
(10) lend or deposit the proceeds of bonds to or with a lender for the purpose of furnishing funds to the lender for the purpose of making a loan to a specifically identified developer or user for the financing of specifically identified economic development or pollution control facilities under this chapter; and
(11) reimburse from bond proceeds expenditures for pollution control facilities or economic development facilities.
(b) This chapter does not authorize the financing of economic development facilities for a developer unless any written agreement that may exist between the developer and the user is fully disclosed to, and approved by, the economic development commission or the fiscal body of the unit.
[Pre-Local Government Recodification Citation: 18-6-4.5-11.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.40-1983, SEC.3; P.L.25-1987, SEC.47; P.L.24-1995, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-19. Special Tax Levy; Transfer of Money to Department of Economic Development; Adoption and Submission of Proposed Budget

Sec. 19. (a) The fiscal body of a unit may levy a special tax to pay the costs of operation of its economic development commission, but this tax may not be used to pay any of the costs attributable to the acquisition and leasing or sale of economic development or pollution control facilities, except for advancements to be reimbursed from bond proceeds.
(b) Any unit having money raised by taxation for any type of industrial aid or development as authorized by any other statute may transfer that money to its department of economic development to carry out the purposes of this chapter.
(c) Before a tax is levied under subsection (a) or money is transferred under subsection (b), the economic development commission must:
(1) adopt a proposed budget for the use of the money it will receive from the levy or transfer; and
(2) submit the budget to the fiscal body of the unit that established the commission.
The fiscal body may review and modify the proposed budget.
[Pre-Local Government Recodification Citation: 18-6-4.5-12.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1981, P.L.310, SEC.73.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-20. Use of Funds; Procedures for Letting Contracts; Employees' Bonds

Sec. 20. (a) All tax revenues coming into possession of the economic development commission shall be deposited, held, and secured in accordance with the statutes relating to the handling and investing of public funds. The handling and expenditure of this money is subject to audit and supervision by the state board of accounts.
(b) Contracts for construction and equipment of economic development or pollution control facilities need not be let in accordance with IC 5-16, IC 5-17, or any other statute relating to public contracts.
(c) Any employee of the economic development commission authorized to receive, disburse, or in any other way handle money or negotiable securities of the commission shall execute a bond payable to the state, with surety to consist of a surety or guaranty corporation qualified to do business in the state. The bond must be in an amount determined by the commission, and must be conditioned upon the employee's faithful performance of the employee's duties and the accounting for all monies and property that may come into the employee's hands or under the employee's control. The cost of these bonds shall be paid by the commission.
[Pre-Local Government Recodification Citation: 18-6-4.5-13 part.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.35-1990, SEC.48; P.L.252-2015, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-21. Negotiation of Financing Terms; Adverse Competitive Effect Studies; Preliminary Expenses

Sec. 21. (a) An economic development commission may enter into negotiations with one (1) or more persons concerning the terms and conditions for financing of economic development or pollution control facilities.
(b) The commission shall consider whether a proposed economic development facility may have an adverse competitive effect on similar facilities already constructed or operating in the unit. In the case of economic development facilities that are identified at the time of issuance of the bonds, the adverse competitive effect question must be considered before issuance of the bonds. In the case of a program financing under section 18.5 of this chapter, the adverse competitive effect question need not be considered before the issuance of the bonds except for those economic development facilities that are identified at the time of issuance of the bonds, but it must be considered before financing any proposed economic development facilities from program funds.
(c) Preliminary expenses in connection with negotiations under this section may be paid from:
(1) money furnished by the proposed user or developer;
(2) money made available by the state or federal government, or by any of their departments or agencies; or
(3) money of the commission.
[Pre-Local Government Recodification Citation: 18-6-4.5-14.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.25-1987, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-22. Applicability of Zoning Laws; Consent Necessary for Financing of Facilities

Sec. 22. (a) Economic development or pollution control facilities are subject to applicable zoning laws. If a fiscal body of a unit establishes a department of development, the unit and its economic development commission have jurisdiction under this chapter throughout the county, both inside and outside the corporate boundaries of any municipality.
(b) Notwithstanding subsection (a), economic development facilities that are to be located within the corporate boundaries of a municipality may not be financed by a county without the consent of the fiscal body of the municipality, and economic development facilities that are to be located outside the corporate boundaries of a municipality may not be financed by the municipality without the consent of the fiscal body of the unit in which facilities are to be located.
(c) Notwithstanding subsection (a), pollution control facilities that are to be located within the corporate boundaries of a municipality may not be financed by another unit unless:
(1) the user has applied to the economic development commission and fiscal body of the municipality for the financing of the facilities, and the municipality has failed to adopt a bond, note, or warrant ordinance for the facilities within sixty (60) days after the date of the application; or
(2) the fiscal body of the municipality has consented to the financing of the facilities by another unit.
[Pre-Local Government Recodification Citations: 18-6-4.5-4 part; 18-6-4.5-15.]
As added by Acts 1981, P.L.309, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-23. Evaluative Report; Exception

Sec. 23. (a) The economic development commission shall prepare a report that:
(1) briefly describes the proposed economic development or pollution control facilities;
(2) estimates the number and expense of public works or services that would be made necessary or desirable by the proposed facilities, including public ways, schools, water, sewers, street lights, and fire protection;
(3) estimates the total project costs of the proposed facilities;
(4) for economic development facilities, estimates the number of jobs and the payroll to be created or saved, or describes the public benefits provided by a waterworks facility; and
(5) for pollution control facilities, describes the facilities and how they will abate, reduce, or prevent pollution.
(b) The report shall be submitted to the executive director or chair of the plan commission, if any, and if the number of new jobs estimated exceeds one hundred (100), to the superintendent of the school corporation where the facilities will be located. The executive director or chair of the plan commission and the school superintendent may formulate their written comments concerning the report and transmit their comments, if any, to the commission within five (5) days from the receipt of the report.
(c) In the case of a program financing under section 18.5 of this chapter, the requirements of this section need be complied with only when and as a condition precedent to financing proposed economic development or pollution control facilities from the program funds.
[Pre-Local Government Recodification Citation: 18-6-4.5-16.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.25-1987, SEC.50; P.L.35-1990, SEC.49; P.L.127-2017, SEC.199.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-24. Hearing on Proposed Financing of Facilities; Approval by Commission

Sec. 24. (a) The economic development commission shall hold a public hearing, for itself and on behalf of the fiscal body of the unit proposing to issue the bonds, on the proposed financing of the economic development or pollution control facilities, after giving notice by publication in accordance with IC 5-3-1 in the unit proposing to issue the bonds and in the municipality, if any, where the facilities are to be located. However, in the case of a program financing under section 18.5 of this chapter that is funded with taxable bonds, the public hearing requirement of this section need not be complied with until the economic development or pollution control facilities to be financed with program funds have been identified.
(b) Upon findings by the commission that:
(1) the proposed financing will be of benefit to the health or general welfare of the unit proposing to issue the bonds, or the unit where the facilities are to be located, or both; and
(2) the proposed financing complies with this chapter;
the commission shall, by resolution, approve the financing, including the form and terms of the financing agreement, the bonds and the trust indenture (if any). The secretary of the commission shall transmit the resolution to the fiscal body of the unit proposing to issue the bonds.
[Pre-Local Government Recodification Citation: 18-6-4.5-17.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1981, P.L.45, SEC.28; P.L.25-1987, SEC.51.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-25. Approval of Proposed Financing by Unit; Authorization Bond Issuance; Approval of Changes

Sec. 25. (a) If the fiscal body of the unit proposing to issue the bonds finds that the financing approved under section 24 of this chapter will be of benefit to the health or general welfare of the unit proposing to issue the bonds the unit where the facilities are to be located, or both, and complies with this chapter, it may adopt an ordinance approving the proposed financing in the form that the financing was approved by the economic development commission or as modified by the fiscal body in its discretion.
(b) The ordinance may also authorize the issuance of bonds payable solely from revenues and receipts derived from the financing agreement or from payments made under a guaranty agreement by developers, users, or related persons. The bonds are not in any respect a general obligation of the unit, nor are they payable in any manner from revenues raised by taxation.
(c) The financing agreements, trust indentures (if any), and bonds must be executed by the:
(1) executive; and
(2) clerk of the fiscal body;
of the unit approving the financing. These officials may by their execution approve changes therein without further approval of the fiscal body or the economic development commission of the unit if such changes do not affect terms contained in the ordinance pursuant to section 27(a)(1) through (a)(10) of this chapter and if the ordinance authorizes these officials to approve such changes.
[Pre-Local Government Recodification Citation: 18-6-4.5-18.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.5; P.L.25-1987, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-26. Financing Agreements; Terms

Sec. 26. (a) A financing agreement approved under this chapter must provide for payments in an amount sufficient to pay the principal of, premium (if any), and interest on the bonds authorized for and allocable to the financing of the facilities. However, interest payments for the anticipated construction period, plus a period of not more than one (1) year, may be funded in the issue.
(b) The term of a financing agreement may not exceed forty (40) years from the date of any bonds issued under the financing agreement. However, a financing agreement does not terminate after forty (40) years if a default under that agreement remains uncured, unless the termination is authorized by the terms of the financing agreement.
(c) If the unit retains an interest in the facilities, the financing agreement must require the user or the developer to pay all costs of maintenance, repair, taxes, assessments, insurance premiums, trustee's fees, and any other expenses relating to the facilities, so that the unit will not incur any expenses on account of the facilities other than those that are covered by the payments provided for in the financing agreement.
[Pre-Local Government Recodification Citation: 18-6-4.5-19.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.6; P.L.25-1987, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 12. Economic Development and Pollution Control › 36-7-12-27.5. Legal Representation of Commission; Conflict of Interest; Offense

Sec. 27.5. (a) If an attorney represents an economic development commission, neither the attorney nor a member of the attorney's firm or professional corporation may also represent an applicant for a bond issue from the commission.
(b) A person who violates this section commits a Class A misdemeanor.
As added by Acts 1981, P.L.310, SEC.74. Amended by P.L.127-2017, SEC.200.