reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 27. Electronic Payments to Governmental Bodies › Chapter 3. Electronic Payment › 5-27-3-3. Charges and Fees

Sec. 3. (a) A governmental body may:
(1) if the governmental body obtains the consent of each governmental body that is directly affected by the transaction, recognize the net amount remitted by the provider company as payment in full of an amount due the governmental entity for a service, a tax, a license, a permit, a fee, information, or any other amount due the governmental body that was paid by an electronic payment; or
(2) collect a sum for the vendor transaction charge, discount fee, or any other charge from the person who makes an electronic payment.
A fee under subdivision (2) may be collected as an enhanced service fee by a governmental body. The fee is a permitted additional charge under IC 24-4.5-3-202.
(b) A governmental body may pay a service charge or fee in connection with its agreement with the provider company.
As added by P.L.114-2002, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 1. Purpose › 5-28-1-1. Intent of General Assembly

Sec. 1. (a) It is the intent of the general assembly to improve the quality of life for the citizens of Indiana by encouraging the:
(1) diversification of Indiana's economy and the orderly economic development and growth of Indiana;
(2) creation of new jobs;
(3) retention of existing jobs;
(4) growth and modernization of existing industry; and
(5) promotion of Indiana.
(b) The general assembly finds the following:
(1) Certain activities associated with the functions listed in subsection (a) may not work properly with the traditional responsibilities and activities of state agencies.
(2) The functions listed in subsection (a) can be achieved most efficiently by a body politic and corporate that:
(A) serves the interests of the state by carrying out the programs set forth in this article;
(B) is free from certain administrative restrictions that would hinder its performance; and
(C) possesses broad powers designed to maximize the state's economic development efforts.
(3) The corporation established by this article will:
(A) lead the state's economic development efforts;
(B) carry out the programs under this article, including the providing of grants and loans; and
(C) perform other essential public services for the state.
(4) In return for the corporation's economic development efforts to carry out the functions listed in subsection (a), the general assembly should appropriate state funds to the corporation.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 1. Purpose › 5-28-1-2. Corporation Continuation of Indiana Economic Development Corporation

Sec. 2. The corporation is a continuation of the Indiana economic development corporation established by IC 4-1.5-3-1 (before its repeal).
As added by P.L.20-2010, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 2. Definitions › 5-28-2-1.5. "Applicable Tax Credit"

Sec. 1.5. "Applicable tax credit" means a tax credit available under any of the following:
(1) IC 6-3.1-13.
(2) IC 6-3.1-19.
(3) IC 6-3.1-26.
(4) IC 6-3.1-30.
(5) IC 6-3.1-34.
(6) IC 6-3.1-36.
(7) IC 6-3.1-37.2.
As added by P.L.135-2022, SEC.2. Amended by P.L.214-2023, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 2. Definitions › 5-28-2-3.5. "Duplicative State Reporting Requirement"

Sec. 3.5. "Duplicative state reporting requirement" means a state statute, rule, or guideline that has the effect of requiring a small business in Indiana to report to two (2) or more state agencies the same or substantially similar:
(1) notifications;
(2) tax reporting information;
(3) employment data;
(4) statistical data; or
(5) other similar information or data;
related to its employees. The term does not include duplicative reporting of names, addresses, telephone numbers, or any other similar identifying information.
As added by P.L.139-2017, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 2. Definitions › 5-28-2-5. "Secretary of Commerce"

Sec. 5. "Secretary of commerce" refers to the secretary of commerce appointed under IC 5-28-3-4.
As added by P.L.4-2005, SEC.34. Amended by P.L.197-2021, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 2. Definitions › 5-28-2-5.5. "Job Creation Incentive"

Sec. 5.5. "Job creation incentive" means a tax credit, tax deduction, grant, loan, or loan guarantee that a statute authorizes the state or an instrumentality of the state (excluding any political subdivision or other unit of local government) to award or approve for the purpose of encouraging the creation of new jobs in Indiana.
As added by P.L.110-2010, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 2. Definitions › 5-28-2-6. "Small Business"

Sec. 6. For purposes of IC 5-28-17, "small business" means a business entity that satisfies the following requirements:
(1) On at least fifty percent (50%) of the working days of the business entity occurring during the preceding calendar year, the business entity employed not more than one hundred fifty (150) employees.
(2) The majority of the employees of the business entity work in Indiana.
As added by P.L.56-2009, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 2. Definitions › 5-28-2-7. "State Agency"

Sec. 7. For purposes of section 3.5 of this chapter, "state agency" means all agencies, authorities, boards, commissions, and officers of the executive, including the administrative, department of state government, and all bodies corporate and politic established as instrumentalities of the state.
As added by P.L.139-2017, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 3. Indiana Economic Development Corporation › 5-28-3-2. Body Corporate and Politic; Examination by Independent Certified Public Accounting Firm; State Board of Accounts

Sec. 2. (a) The corporation is a body politic and corporate, not a state agency but an independent instrumentality exercising essential public functions.
(b) Except as provided in IC 5-11-1-9(k), the corporation and the corporation's funds, accounts, and financial affairs shall be examined by the state board of accounts.
(c) The board may engage an independent certified public accounting firm to conduct an examination of:
(1) the corporation and the corporation's funds, accounts, and financial affairs; and
(2) a nonprofit subsidiary corporation established under IC 5-28-5-13.
The examination must comply with the uniform compliance guidelines, directives, and standards established by the state board of accounts. If an independent certified public accounting firm conducts an examination, the corporation shall submit a copy of the examination report to the state board of accounts not later than the next date on which the corporation is required to file its financial reports under IC 5-11-1-4.
As added by P.L.4-2005, SEC.34. Amended by P.L.181-2015, SEC.23; P.L.237-2017, SEC.14; P.L.209-2019, SEC.5; P.L.59-2023, SEC.17; P.L.58-2023, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 3. Indiana Economic Development Corporation › 5-28-3-4. Secretary of Commerce; Corporation President

Sec. 4. The governor shall appoint the secretary of commerce, who shall serve at the pleasure of the governor. The secretary of commerce is the chief executive officer and president of the corporation.
As added by P.L.4-2005, SEC.34. Amended by P.L.197-2021, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 4. Corporation Board › 5-28-4-2. Membership

Sec. 2. (a) The board is composed of the following members, none of whom may be members of the general assembly:
(1) The governor.
(2) Eleven (11) individuals appointed by the governor.
(3) The members (if any) appointed by the governor under subsection (c).
The individuals appointed under subdivision (2) and the individuals appointed under subsection (c) must be employed in or retired from the private or nonprofit sector or academia.
(b) When making appointments under subsection (a)(2), the governor shall appoint the following:
(1) At least five (5) members belonging to the same political party as the governor.
(2) At least three (3) members who belong to a major political party (as defined in IC 3-5-2-30) other than the party of which the governor is a member.
(c) In addition to the members appointed under subsection (a)(2), the governor may appoint not more than three (3) additional members to the board. If the governor appoints more than one (1) additional member to the board under this subsection, at least one (1) of the additional members must belong to a major political party (as defined in IC 3-5-2-30) other than the party of which the governor is a member.
As added by P.L.4-2005, SEC.34. Amended by P.L.237-2017, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 4. Corporation Board › 5-28-4-3. Term of Office

Sec. 3. (a) The term of office of an appointed member of the board is four (4) years.
(b) Each member holds office for the term of appointment and continues to serve after expiration of the appointment until a successor is appointed and qualified. A member is eligible for reappointment.
(c) Members of the board appointed under section 2(a)(2) or 2(c) of this chapter serve at the pleasure of the governor.
As added by P.L.4-2005, SEC.34. Amended by P.L.237-2017, SEC.16.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 4. Corporation Board › 5-28-4-4. Chairperson

Sec. 4. (a) Except as provided by subsection (b), the governor shall serve as chairperson of the board.
(b) If the governor is unable to participate as chairperson for a meeting of the board, the governor may designate a member of the board appointed under section 2(a)(2) of this chapter to serve as acting chairperson.
As added by P.L.4-2005, SEC.34. Amended by P.L.74-2020, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 4. Corporation Board › 5-28-4-5. Per Diem and Expenses

Sec. 5. The members of the board are entitled to a salary per diem for attending meetings equal to the per diem provided by law for members of the general assembly. The members of the board are also entitled to receive reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the members' duties as approved by the budget agency.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 4. Corporation Board › 5-28-4-6. Quorum; Proxy Vote Prohibited

Sec. 6. (a) The following constitutes a quorum for the transaction of business by the board of the corporation:
(1) Seven (7) members, if:
(A) no additional members are appointed under section 2(c) of this chapter; or
(B) one (1) additional member is appointed under section 2(c) of this chapter.
(2) Eight (8) members, if either two (2) or three (3) additional members are appointed under section 2(c) of this chapter.
(b) The following number of affirmative votes is necessary for action to be taken by the board:
(1) The affirmative vote of at least seven (7) members, if:
(A) no additional members are appointed under section 2(c) of this chapter; or
(B) one (1) additional member is appointed under section 2(c) of this chapter.
(2) The affirmative vote of at least eight (8) members, if either two (2) or three (3) additional members are appointed under section 2(c) of this chapter.
(c) Members of the board may not vote by proxy.
As added by P.L.4-2005, SEC.34. Amended by P.L.237-2017, SEC.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 4. Corporation Board › 5-28-4-7. Meetings

Sec. 7. Meetings of the board shall be held at the call of the chairperson or whenever any six (6) voting members request a meeting. The members shall meet at least once every three (3) months to attend to the business of the board.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-3. Employees and Agents; Contracts

Sec. 3. (a) Subject to approval by the budget agency, the corporation may, without the approval of the attorney general, employ legal counsel, technical experts, and other officers, agents, and employees, permanent or temporary, the corporation considers necessary to carry out the efficient operation of the corporation.
(b) Subject to approval by the budget agency, the corporation may enter into contracts without the approval of the attorney general.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-4. Terms of Employment; Retirement Fund and Employee Benefits

Sec. 4. (a) The corporation shall determine qualifications, duties, compensation, and terms of service for persons employed by the corporation as employees or as independent contractors.
(b) The board may adopt a resolution providing that the corporation's employees who are eligible to participate in the public employees' retirement fund under the eligibility requirements set forth in IC 5-10.2 and IC 5-10.3 shall participate in the fund.
(c) The board may adopt a resolution to allow the corporation's employees to participate in group insurance and other benefit plans, including the state employees' deferred compensation plan, that are available to state employees.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-5. Ethics

Sec. 5. The board and the employees of the corporation are:
(1) under the jurisdiction of and rules adopted by the state ethics commission; and
(2) subject to ethics rules and requirements that apply to the executive branch of state government.
However, the board may adopt additional ethics rules and requirements that are more stringent than those adopted by the state ethics commission.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-6. Advisory Committee

Sec. 6. The board may establish an advisory committee to advise the board and the corporation on issues determined by the board. The advisory committee may:
(1) have members that represent diverse geographic areas and economic sectors of Indiana; and
(2) include members or representatives of local economic development organizations.
As added by P.L.4-2005, SEC.34. Amended by P.L.201-2023, SEC.84.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-6.5. Small Business Division

Sec. 6.5. The board may maintain a small business division to carry out the corporation's duties under IC 5-28-17. The board shall staff the division with employees of the corporation.
As added by P.L.56-2009, SEC.2. Amended by P.L.187-2014, SEC.12; P.L.145-2016, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-7. Contract, Tort, and Civil Rights Claims

Sec. 7. For purposes of IC 34-13-2, IC 34-13-3, and IC 34-13-4, the board and the employees of the corporation are public employees (as defined in IC 34-6-2-38).
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-8. Adoption of Rules; Emergency Rules

Sec. 8. (a) The corporation shall adopt rules under IC 4-22-2 to carry out its duties under this article. The board may also adopt emergency rules under IC 4-22-2-37.1 to carry out its duties under this article.
(b) An emergency rule adopted under subsection (a) expires on the expiration date stated in the rule.
(c) An emergency rule adopted under subsection (a) may be extended as provided in IC 4-22-2-37.1(g), but the extension period may not exceed the period for which the original rule was in effect.
As added by P.L.4-2005, SEC.34. Amended by P.L.140-2013, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-9. Public Meetings and Public Records Laws

Sec. 9. Except as specifically provided by law, the corporation and the board are subject to IC 5-14-1.5 and IC 5-14-3.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-10. Reimbursement of Employee Expenses

Sec. 10. An employee of the corporation is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the employee's duties as approved by the budget agency.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-11. Request for Appropriations

Sec. 11. The corporation may request appropriations from the general assembly to:
(1) carry out the corporation's duties under this article; and
(2) fund economic development and job creation programs.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-12. Promotion Fund

Sec. 12. (a) The Indiana promotion fund is established within the state treasury.
(b) Except as provided in section 13 of this chapter, the corporation shall deposit the following in the fund:
(1) All funding received from the private sector under IC 5-28-6-1(6).
(2) All other gifts, donations, bequests, devises, and contributions received by the corporation.
(c) The corporation shall administer the fund. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) Except as provided in the terms of a gift, a donation, a contribution, a bequest, a devise, or other private sector funding, money in the fund may be used at the discretion of the board to carry out in any manner the corporation's purposes under this article.
(f) Money in the fund may be transferred to any fund administered by the corporation.
(g) Money in the fund is continuously appropriated to the corporation for the purposes of this article.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-13. Nonprofit Subsidiary Corporation

Sec. 13. (a) Notwithstanding section 12 of this chapter, the board may establish a nonprofit subsidiary corporation to solicit and accept private sector funding, gifts, donations, bequests, devises, and contributions.
(b) A subsidiary corporation established under this section:
(1) must use money received under subsection (a) to carry out in any manner the purposes and programs under this article;
(2) must report to the budget committee each year concerning:
(A) the use of money received under subsection (a); and
(B) the balances in any accounts or funds established by the subsidiary corporation; and
(3) may deposit money received under subsection (a) in an account or fund that is:
(A) administered by the subsidiary corporation; and
(B) not part of the state treasury.
(c) Except as provided in IC 5-11-1-9(k), the state board of accounts shall audit a subsidiary corporation established under this section.
As added by P.L.4-2005, SEC.34. Amended by P.L.181-2015, SEC.24; P.L.237-2017, SEC.18; P.L.209-2019, SEC.6; P.L.59-2023, SEC.18; P.L.58-2023, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-14. Fees and Charges

Sec. 14. The corporation may fix and revise periodically, and charge and collect, fees and charges that the corporation determines to be reasonable in connection with:
(1) the corporation's loans, guarantees, advances, insurance, commitments, and servicing; and
(2) the use of the corporation's services or facilities.
As added by P.L.162-2007, SEC.21.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-15. Powers in the Event of Default

Sec. 15. The corporation may take assignments of accounts receivable, loans, guarantees, insurance, notes, mortgages, security agreements securing notes, and other forms of security, attach, seize, or take title by foreclosure or conveyance to an economic development project when a guaranteed loan on the economic development project is clearly in default and when in the opinion of the corporation such an acquisition is necessary to safeguard the industrial development project guaranty fund, and sell, or on a temporary basis, lease or rent the economic development project for any use.
As added by P.L.162-2007, SEC.22. Amended by P.L.189-2018, SEC.43.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 5. General Powers › 5-28-5-16. Recommendations; Economic Development Tools; Local Communities in Distressed Areas

Sec. 16. The corporation may study and develop recommendations for economic development tools for local communities in distressed areas, particularly within the city of Elkhart, the city of Gary, and the city of Indianapolis, where:
(1) the unemployment rate within the local community is greater than the state unemployment rate; or
(2) twenty percent (20%) or more of individuals residing in the local community have a household income that is equal to or less than the federal poverty level as determined by the federal Office of Management and Budget.
As added by P.L.238-2017, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 6. Duties › 5-28-6-0.5. "Final Offer of Public Financial Resources"

Sec. 0.5. As used in this chapter, "final offer of public financial resources" means a final executed definitive agreement that is the product of negotiations between the corporation or another public agency and an industrial, research, or commercial prospect.
As added by P.L.197-2021, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 6. Duties › 5-28-6-0.6. "Negotiations"

Sec. 0.6. As used in this chapter, "negotiations" means communications, including letters of intent, memoranda of understanding, and other preliminary, early stage, or informal communications, directed to or with an industrial, research, or commercial prospect.
As added by P.L.197-2021, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 6. Duties › 5-28-6-1. Duties of the Corporation

Sec. 1. The corporation shall do the following:
(1) Create and regularly update a strategic economic development plan that includes the following:
(A) Identification of specific economic regions within Indiana and methods by which the corporation will implement more regional collaboration between the corporation and the various local economic development organizations within these regions.
(B) Methods by which the corporation will implement more collaboration between the corporation and the various state economic development organizations within the states contiguous to Indiana.
(2) Establish strategic benchmarks and performance measures.
(3) Monitor and report on Indiana's economic performance.
(4) Market Indiana to businesses worldwide.
(5) Assist Indiana businesses that want to grow.
(6) Solicit funding from the private sector for selected initiatives.
(7) Provide for the orderly economic development and growth of Indiana.
(8) Establish and coordinate the operation of programs commonly available to all citizens of Indiana to implement a strategic plan for the state's economic development and enhance the general welfare.
(9) Evaluate and analyze the state's economy to determine the direction of future public and private actions, and report and make recommendations to the general assembly in an electronic format under IC 5-14-6 with respect to the state's economy. The report prepared under this subdivision must include recommendations for strategies and plans for collaboration by the corporation with:
(A) local economic development organizations within geographic regions in Indiana; and
(B) the various state economic development organizations within the states contiguous to Indiana.
(10) Assemble and provide information to the commission for higher education and the department of workforce development concerning the economic benefits of residing and working in Indiana as required under IC 21-18-15-4(b).
As added by P.L.4-2005, SEC.34. Amended by P.L.114-2011, SEC.3; P.L.172-2011, SEC.23; P.L.6-2012, SEC.37; P.L.53-2014, SEC.69; P.L.121-2016, SEC.14; P.L.143-2019, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 6. Duties › 5-28-6-4. Job Creation Incentive Package; Weight Given to Areas With Dislocated Workers

Sec. 4. The board, the corporation, and the officers and employees of the board or corporation, when developing job creation incentive packages to locate companies in Indiana, shall give weight, in the awarding or approving of job creation incentives, to business entities that locate in an area where individuals have become dislocated workers due to a permanent closure of a plant or facility or a significant reduction in the workforce.
As added by P.L.110-2010, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 6. Duties › 5-28-6-5. Job Creation Incentive; Compliance Officer

Sec. 5. The corporation shall designate an employee to serve as a compliance officer whose duties are to determine and report to the corporation whether each person that receives a job creation incentive granted by the corporation or another agency or instrumentality of the state (excluding any political subdivision or other unit of local government) complies with the terms and conditions of the person's incentive agreement.
As added by P.L.110-2010, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 6. Duties › 5-28-6-6. Job Creation Incentive Agreement; Requirements; Penalties

Sec. 6. The corporation shall require an applicant for a job creation incentive to be granted by the corporation after March 31, 2010, to enter into an agreement with the corporation as a condition of receiving the incentive. Subject to IC 5-28-28-8, the agreement must include the following:
(1) The applicant's agreement regarding the following:
(A) The number of individuals that are expected to be employed by the applicant, including the number of employees who will be hired, retained, or trained during the duration of the agreement.
(B) If a financial investment by an applicant is a condition for providing an incentive, the amount of the financial investment that the applicant expects to make in Indiana as a result of the project for which the incentive is granted.
(2) A requirement that the applicant shall file with the compliance officer an annual compliance report detailing the applicant's compliance, or progress toward compliance, with subdivision (1).
(3) A provision that notifies the applicant that the applicant is subject to a determination of the corporation under this subdivision. The corporation, after a finding that the applicant is employing fewer individuals than the applicant agreed to employ or that the applicant has not made the financial investment agreed to under subdivision (1), subject to any confidentiality laws, shall hold a hearing to determine if the applicant shall be required to pay back to the state a part of the incentive granted to the applicant under the agreement. The penalty imposed must be a matter of public record and must reflect in a fair and balanced way the amount of incentive received.
(4) A requirement that the applicant will pay back to the state the incentive that has been received by the applicant if the applicant moves or closes.
As added by P.L.110-2010, SEC.9. Amended by P.L.175-2013, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 6. Duties › 5-28-6-7. Job Creation Incentive; Requirement That Dislocated Workers Be Considered for Jobs Created

Sec. 7. The corporation shall establish a program to ensure that dislocated workers from Indiana are given consideration for jobs created by business entities receiving a job creation incentive from the state or an instrumentality of the state (excluding any political subdivision or other unit of local government). The corporation, including its board, shall condition job creation incentives awarded or approved by the corporation after March 31, 2010, on compliance with the corporation's program under this section. This requirement must be included in an agreement entered into by the recipient and the corporation.
As added by P.L.110-2010, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 6. Duties › 5-28-6-9. Annual Aggregate Applicable Tax Credit Limit

Sec. 9. (a) Subject to subsection (c), the aggregate amount of applicable tax credits that the corporation may certify for a state fiscal year for all taxpayers is two hundred fifty million dollars ($250,000,000).
(b) For purposes of determining the amount of applicable tax credits that have been certified for a state fiscal year, the following apply:
(1) An applicable tax credit is considered awarded in the state fiscal year in which the taxpayer can first claim the credit, determined without regard to any carryforward period or carryback period.
(2) An applicable tax credit awarded by the corporation before July 1, 2022, shall be counted toward the aggregate credit limitation under this section.
(3) If an accelerated credit is awarded under IC 6-3.1-26-15, the amount counted toward the aggregate credit limitation under this section for a state fiscal year shall be the amount of the credit for the taxable year described in subdivision (1) prior to any discount.
(c) Notwithstanding subsection (a), if the corporation determines that:
(1) an applicable tax credit should be certified in a state fiscal year; and
(2) certification of the applicable tax credit will result in an aggregate amount of applicable tax credits certified for that state fiscal year that exceeds the maximum amount provided in subsection (a);
the corporation may, after review by the budget committee, certify the applicable tax credit to the taxpayer.
As added by P.L.135-2022, SEC.3. Amended by P.L.201-2023, SEC.85.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 7. Training 2000 Program and Fund › 5-28-7-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Business" includes an entity that has the objective of supplying a service or an article of trade or commerce.
(2) "School corporation" has the meaning set forth in IC 20-18-2-16(a).
(3) "Charter school" has the meaning set forth in IC 20-18-2-2.5.
As added by P.L.4-2005, SEC.34. Amended by P.L.167-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 7. Training 2000 Program and Fund › 5-28-7-2. Training Program; Policies; Promotional Materials; Eligibility; Continuing Operations

Sec. 2. The corporation shall do the following:
(1) Establish policies to carry out a training assistance program, the purpose of which is to provide assistance to the following:
(A) New or expanding businesses, for the training or retraining of potential or incumbent employees and the retraining and upgrading of the skills of potential or incumbent employees.
(B) Businesses in Indiana, for the retraining and upgrading of employees' skills required to support new or existing capital investment.
(C) Businesses in Indiana, for the development of basic workforce skills of employees, including the following:
(i) Literacy.
(ii) Communication skills.
(iii) Computational skills.
(iv) Other transferable workforce skills approved by the corporation.
(D) School corporations and charter schools, to support career pathways for students through cooperative arrangements with businesses for the education and training of students in high wage, high demand jobs that require industry certifications.
(2) Provide promotional materials regarding the training program.
(3) Determine the eligibility of an industry for the training program.
(4) Require a commitment by a business receiving training assistance under this chapter to continue operations at a site on which the training assistance is used for at least five (5) years after the date the training assistance expires. If a business fails to comply with this commitment, the corporation shall require the business to repay the training assistance provided to the business under this chapter.
As added by P.L.4-2005, SEC.34. Amended by P.L.67-2013, SEC.1; P.L.167-2014, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 7. Training 2000 Program and Fund › 5-28-7-3. Policies and Guidelines; Services and Materials; Training Plans; Evaluation; Other Entities

Sec. 3. The corporation may do the following:
(1) Adopt policies and guidelines necessary to carry out this chapter.
(2) Accept money and other things of value from all sources to carry out the purposes of the training program.
(3) Provide services and materials in order to carry out the purposes of the training program.
(4) Develop or assist in the development of training plans.
(5) Evaluate the training program with respect to the program's impact on the improvement of workforce skills, job creation, and job retention.
(6) Involve other entities, by contract or otherwise, in carrying out the purposes of the training program.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 7. Training 2000 Program and Fund › 5-28-7-4. Participation; Eligibility

Sec. 4. Participation in the training program is limited to entities that:
(1) meet the eligibility requirements of the corporation; and
(2) comply with this chapter.
As added by P.L.4-2005, SEC.34. Amended by P.L.167-2014, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 7. Training 2000 Program and Fund › 5-28-7-5. Skills Enhancement Fund

Sec. 5. (a) The skills enhancement fund is established within the state treasury to be used exclusively for the purposes of this chapter.
(b) The fund consists of:
(1) appropriations from the general assembly; and
(2) money repaid to the corporation under section 7 of this chapter.
(c) The corporation shall administer the fund. The following may be paid from money in the fund:
(1) Expenses of administering the fund.
(2) Nonrecurring administrative expenses incurred to carry out the purposes of this chapter.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
As added by P.L.4-2005, SEC.34. Amended by P.L.237-2017, SEC.19; P.L.146-2018, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 7. Training 2000 Program and Fund › 5-28-7-5.5. Limitation for Eligibility of Grants

Sec. 5.5. (a) This section applies to a grant initially awarded under this chapter after June 30, 2019.
(b) Eligibility for a grant from the skills enhancement fund under this chapter is limited to cooperative arrangements or agreements that lead to:
(1) for a participating employee that is a new hire, a postsecondary credential, a nationally recognized industry credential, or specialized company training; or
(2) for a participating employee that is an existing worker:
(A) a postsecondary credential, a nationally recognized industry credential, or specialized company training; and
(B) an increase of wages.
An increase of wages with a participating employee or group of participating employees negotiated by agreement, regardless of timing, qualifies as an increase of wages for purposes of subdivision (2)(B).
As added by P.L.143-2019, SEC.10. Amended by P.L.18-2020, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 7. Training 2000 Program and Fund › 5-28-7-6. Grants Supporting Cooperative Arrangements for Training Students

Sec. 6. (a) The corporation may award grants from the skills enhancement fund to school corporations and charter schools to support cooperative arrangements with businesses for training students.
(b) A school corporation or a charter school must apply to the corporation for a grant under this section in the manner prescribed by the corporation.
(c) The corporation may consult with Indiana works councils to develop the application and eligibility requirements for grants awarded under this section.
As added by P.L.167-2014, SEC.4. Amended by P.L.237-2017, SEC.20.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 7. Training 2000 Program and Fund › 5-28-7-7. Notice of Noncompliance; Return or Repayment of Grants

Sec. 7. (a) If the corporation determines that a business, school corporation, or charter school that has received public funds from a grant award under this chapter is not entitled to the public funds received from the grant award because of the business's, school corporation's, or charter school's noncompliance with the requirements of its grant agreement or any of the provisions of this chapter, the corporation shall, after giving notice to the business, school corporation, or charter school and an opportunity to explain the noncompliance, provide the business, school corporation, or charter school with a written demand for the return or repayment of an amount not to exceed the sum of all grants previously awarded to the business, school corporation, or charter school under this chapter, together with interest and penalties required or permitted by law or required by the agreement with the corporation.
(b) Upon receipt of the corporation's written demand under subsection (a), the business, school corporation, or charter school shall return or repay the amount demanded by the corporation.
(c) If a business, school corporation, or charter school fails to repay the corporation as required under subsection (b), the corporation may notify the department of state revenue of the noncompliance and request that the department of state revenue exercise the department's authority under IC 6-8.1-9.5 to recover the sum of all grants previously awarded to the business, school corporation, or charter school under this chapter, together with any interest, penalties, and fees required or permitted by law or required by the agreement with the corporation.
(d) For purposes of this chapter, the corporation shall be considered a claimant agency under IC 6-8.1-9.5-1, and is authorized to participate in the refund set off program under IC 6-8.1-9.5.
As added by P.L.146-2018, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 8. Economic Development Fund › 5-28-8-4. "Qualified Entity"

Sec. 4. As used in this chapter, "qualified entity" means:
(1) the state;
(2) a political subdivision of the state;
(3) an agency of the state or a political subdivision of the state;
(4) a nonprofit corporation;
(5) the Indiana finance authority established by IC 5-1.2-3; or
(6) any of the following local economic development organizations:
(A) An urban enterprise association established under IC 5-28-15 (or IC 4-4-6.1 before its repeal).
(B) An economic development commission established under IC 36-7-12.
(C) A nonprofit corporation established under state law whose primary purpose is the promotion of industrial or business development in Indiana, the retention or expansion of Indiana businesses, or the development of entrepreneurial activities in Indiana.
(D) A regional planning commission established under IC 36-7-7.
(E) A nonprofit educational organization whose primary purpose is educating and developing local leadership for economic development initiatives.
(F) Other similar organizations whose purposes include economic development and that are approved by the corporation.
As added by P.L.4-2005, SEC.34. Amended by P.L.235-2005, SEC.93; P.L.145-2016, SEC.6; P.L.189-2018, SEC.44.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 8. Economic Development Fund › 5-28-8-5. Fund Established; Purpose

Sec. 5. (a) The economic development fund is established within the state treasury. The fund is a revolving fund to provide grants and loans for economic development activities in Indiana for the purposes of this chapter.
(b) The fund consists of appropriations from the general assembly and loan repayments.
(c) The corporation shall administer the fund. The following may be paid from money in the fund:
(1) Expenses of administering the fund.
(2) Nonrecurring administrative expenses incurred to carry out the purposes of this chapter.
(d) Earnings from loans made under this chapter shall be deposited in the fund.
(e) The money in the fund at the end of a state fiscal year does not revert to the state general fund but remains in the fund.
(f) Money in the fund is continuously appropriated for the purposes of this chapter.
As added by P.L.4-2005, SEC.34. Amended by P.L.201-2023, SEC.86.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 8. Economic Development Fund › 5-28-8-6. Investment of Fund by Treasurer of State

Sec. 6. (a) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(b) The treasurer of state shall also:
(1) receive cash receipts belonging to the fund, deposit these amounts in the fund, and submit a monthly report to the corporation of these transactions; and
(2) make payments on vouchers authorized by the corporation.
As added by P.L.4-2005, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 8. Economic Development Fund › 5-28-8-7. Drawing of Warrants

Sec. 7. The auditor of state shall draw warrants on the treasurer of state in payment of properly prepared vouchers signed by the secretary of commerce or the secretary of commerce's designee.
As added by P.L.4-2005, SEC.34. Amended by P.L.74-2020, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 8. Economic Development Fund › 5-28-8-8. Guidelines for Receipt of Grants and Loans

Sec. 8. (a) The corporation shall receive grants allocated by a federal program for the purposes specified in section 9(c) of this chapter. Guidelines shall be prepared by the corporation enumerating the qualification procedures for receipt of grants and loans from the fund. These guidelines must be consistent with Indiana law and federal program requirements.
(b) The board, with the approval of the budget agency and the governor, shall allocate parts of the fund for the purposes specified in section 9(c) of this chapter. The corporation shall make allocations on the basis of the need of the qualified entity.
As added by P.L.4-2005, SEC.34. Amended by P.L.130-2018, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 8. Economic Development Fund › 5-28-8-9. Applications for Grants; Approved Projects

Sec. 9. (a) If federal money will not be used in conjunction with fund money, a qualified entity that wants a grant from the fund must submit an application for the grant to the corporation. The corporation shall review the application and may approve the application if the activities for which the grant money is to be used are activities:
(1) that the qualified entity has statutory authority to perform; and
(2) for which this chapter permits fund money to be used.
(b) When fund money is to be used to match federal money, a qualified entity that wants a grant must submit to the corporation an application for a grant under the federal program. The corporation shall review the application and shall submit the application to the federal agency if the corporation finds that the activities for which the grant money is to be used are activities:
(1) that the qualified entity has statutory authority to perform; and
(2) for which the federal program permits money to be used.
Before submitting an application to the federal agency, the corporation must also approve the completeness and technical accuracy of the qualified entity's application.
(c) Money from the fund and money from a federal program may be used for the following projects:
(1) Public works.
(2) Technical assistance.
(3) Economic adjustment assistance.
(4) Other economic development programs.
(d) If the qualified entity proposes to use its money for a loan program, the application from the qualified entity must contain the conditions under which loans will be made and the interest rate that will be charged.
As added by P.L.4-2005, SEC.34.