reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-9. Objectives

Sec. 9. (a) A land bank shall endeavor to acquire a diverse portfolio of properties to enable the land bank to dispose of diverse properties in diverse real estate markets in the county or municipal territory that the land bank serves and, thereby, generate revenue for the land bank in a sustainable manner. A land bank shall acquire property for the purpose of supporting the mission of the land bank.
(b) A land bank's priorities concerning the disposition of properties from the land bank must support the mission of the land bank, which includes the sale or transfer of properties:
(1) for redevelopment that will act as a catalyst for further development;
(2) that support a comprehensive development plan or strategic plan for neighborhood revitalization;
(3) that reduce blight in the community;
(4) that revitalize or stabilize neighborhoods;
(5) that will be returned to productive, tax paying status;
(6) that will be returned to productive uses, including development of side lots, green spaces, and gardens;
(7) that are available for immediate ownership or occupancy without a need for substantial rehabilitation;
(8) that will be used for affordable housing; or
(9) that will generate operating support for the functions of a land bank.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-10. Duties

Sec. 10. (a) A land bank shall do the following:
(1) Maintain an inventory of real property held by the land bank.
(2) Develop policies, guidelines, and procedures for the acquisition, redevelopment, and disposition of property by and from the land bank. The policies, guidelines, and procedures developed under this subdivision must be formulated in plain language with the objective of being clearly understood.
(3) Make the information described in subdivisions (1) and (2) available for inspection:
(A) at the offices of the land bank during regular business hours; and
(B) on the land bank's Internet web site.
(4) Coordinate the land bank's activities with any land use plans that affect real property held by the land bank.
(b) If real property held by a county land bank is located in the territory of a municipality of the county, the county land bank shall offer to convey the real property to the municipality before the county land bank offers, or accepts an offer, to convey the real property to any other individual or entity. An offer to convey real property made by a county land bank to a municipality under this section expires sixty (60) days after the county land bank makes the offer, unless the county land bank and the municipality agree to another period.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-11. Interlocal Agreements

Sec. 11. A land bank may:
(1) enter into an interlocal agreement under IC 36-1-7 with another governmental entity; or
(2) otherwise contract with another governmental entity in Indiana to perform services for the governmental entity.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-12. Relation to the Unsafe Building Law

Sec. 12. (a) This subsection does not apply to a consolidated city. The legislative body of an eligible unit that has established a land bank under section 2 of this chapter may not rescind the ordinance that the legislative body adopted under IC 36-7-9-3, unless the land bank is first dissolved.
(b) A land bank does not have authority to exercise the power of eminent domain.
As added by P.L.211-2016, SEC.1. Amended by P.L.26-2020, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-13. Startup Inventory of Properties

Sec. 13. Within six (6) months after an eligible unit has established a land bank under this chapter, the eligible unit shall furnish the land bank with a list of real property:
(1) that is located in the territory of the land bank;
(2) for which the eligible unit holds:
(A) a tax sale certificate issued under IC 6-1.1-24; or
(B) a tax deed issued under IC 6-1.1-25; and
(3) that is not committed to a redevelopment project or for another purpose.
At the time the eligible unit furnishes the list to the land bank, the eligible unit shall offer to assign the tax sale certificates and convey the real property described on the list to the land bank at no cost to the land bank. For each tract or item of real property described on the list, the offer expires six (6) months after the offer is made to the land bank, unless the eligible unit specifies a longer period in the offer. If, for a particular tract or item of real property on the list, the land bank accepts the offer, the eligible unit may assign the tax sale certificate or convey the real property, as applicable, to the land bank at no cost to the land bank. If, for a particular tract or item of real property on the list, the land bank rejects the offer, the eligible unit may dispose of the real property as otherwise provided by law.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-14. Agreements With Purchasers, Lessees, and Other Transferees

Sec. 14. (a) The land bank may, as a condition of the purchase, transfer, or lease, require a person to enter into an agreement that conditions the purchase, transfer, or lease on the person fulfilling one (1) or more of the following terms:
(1) If the property is a dwelling, reside in the real property as the person's principal place of residence for a specified period not to exceed three (3) years.
(2) Bring the property up to minimum code standards in not more than twelve (12) months.
(3) Carry adequate fire and liability insurance on the property at all times.
(4) If the conveyance is to a person to develop the property, cause development of the property within a specified period, not to exceed five (5) years.
(5) Comply with any additional terms, conditions, and requirements as the land bank requires that further the mission of the land bank.
(b) Any material failure of a person to fulfill the agreement described in subsection (a) nullifies the agreement. Upon nullification of the agreement:
(1) the sale, transfer, or lease of the property is void; and
(2) the land bank retains the interest in the property that the land bank possessed before the sale, transfer, or lease.
However, the land bank may grant the person a specified period, not to exceed two (2) years, to come into compliance with the terms of the agreement. The land bank may subordinate its interest under the terms of the agreement to financial institutions or persons lending money to the person for the purpose of allowing the person to fulfill the terms of the sale, transfer, or lease.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-16. Prohibited Buyers; Delinquent Taxpayers

Sec. 16. (a) This section applies to the following:
(1) A person who owes:
(A) delinquent taxes;
(B) special assessments;
(C) penalties;
(D) interest;
(E) costs directly attributable to a prior tax sale, if the tax sale occurs before July 1, 2016; or
(F) costs attributable to a prior tax sale or tax delinquency, if the tax sale occurs after June 30, 2016;
on a tract of real property listed under IC 6-1.1-24-1.
(2) A person who is an agent of the person described in subdivision (1).
(b) A person subject to this section may not purchase, receive, or lease a tract that is offered by a land bank in a sale, exchange, or lease under this chapter.
(c) If a person purchases, receives, or leases a tract that the person was not eligible to purchase, receive, or lease under this section, the sale, transfer, or lease of the property is void and the land bank retains the interest in the tract that the land bank possessed before the sale, transfer, or lease of the tract.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-17. Prohibited Buyers; Unauthorized Foreign Business Associations

Sec. 17. (a) As used in this section, "foreign business association" means a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or limited partnership that is organized under the laws of another state or another country.
(b) A foreign business association may not purchase, receive, or lease property from a land bank unless at the time the sale, transfer, or lease occurs:
(1) the foreign business association has obtained a certificate of authority from, or registered with, the secretary of state in accordance with the procedures described in IC 23, as applicable; and
(2) the foreign business association is in good standing in Indiana as determined by the secretary of state.
(c) If a foreign business association purchases, receives, or leases a tract that the foreign business association was not eligible under subsection (b) to purchase, receive, or lease, the sale, transfer, or lease of the property is void and the land bank retains the interest in the tract that the land bank possessed before the sale, transfer, or lease of the tract.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-18. Employees

Sec. 18. (a) Employees of a land bank are not employees of the eligible unit that established the land bank.
(b) The board of a land bank may elect by resolution to provide programs of group health insurance for the land bank's employees and retired employees as provided under IC 5-10-8-2.6.
(c) The board of a land bank may elect by resolution to provide retirement and disability benefits for employees, which may be by means of participation in the public employees' retirement fund as provided under IC 5-10.3-6.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-20. Limitation on Property Tax Exemption for Leased Property

Sec. 20. Notwithstanding IC 6-1.1-10-4, after a land bank acquires title to a parcel of real property, the property tax exemption provided under IC 6-1.1-10-4 terminates for the parcel of real property on the final day of the first uninterrupted forty-eight (48) month period for which the land bank has leased, or offered to lease, all or part of the parcel of real property to one (1) or more tenants.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-23. Immunity From Civil Liability; Certain Environmental Damage

Sec. 23. A land bank may not be held liable for damages or subjected to equitable remedies for:
(1) breach of a common law duty;
(2) a violation of Indiana law; or
(3) a violation of any order, permit, license, variance, or plan approval;
concerning environmental damage to, or attributable to, a tract or item of real property held by the land bank.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-2. "Development Area"

Sec. 2. As used in this chapter, "development area" means the area consisting of the following counties:
(1) Adams County.
(2) Allen County.
(3) DeKalb County.
(4) Huntington County.
(5) Kosciusko County.
(6) LaGrange County.
(7) Noble County.
(8) Steuben County.
(9) Wabash County.
(10) Wells County.
(11) Whitley County.
As added by P.L.58-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-3. Establishment

Sec. 3. The northeast Indiana strategic development commission is established for the development area described in section 2 of this chapter. The commission is a separate body corporate and politic, constituting an instrumentality of the state for the public purpose set out in this chapter, but not a state agency. The commission is separate from the state in its corporate and sovereign capacity.
As added by P.L.58-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-3.5. Fund

Sec. 3.5. (a) The northeast Indiana strategic development fund is established for the purpose of carrying out this chapter. The fund shall be administered by the commission.
(b) The fund consists of the following:
(1) Fees collected under this chapter.
(2) Appropriations.
(3) Gifts, contributions, and grants.
(c) The expenses of administering the fund shall be paid from money in the fund.
(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 money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) Money in the fund is continuously appropriated for the purposes set forth in this chapter.
(g) Money in the fund may not be used for the purposes of expanding or increasing access to broadband.
As added by P.L.186-2023, SEC.1 and P.L.201-2023, SEC.278.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-4. Purposes of the Commission

Sec. 4. The commission is established to develop and implement plans and policies intended to achieve the following purposes in the development area:
(1) Increase the per capita personal income relative to the national average.
(2) Increase the population in the development area.
(3) Increase postsecondary education and credential attainment among residents in the development area.
(4) Increase the number of new business startups and programs to support entrepreneurs.
(5) Incentivize collaboration between K-12 school systems, institutions of higher education, and industry in the development area.
(6) Expand access and availability of infrastructure needed to facilitate development and population density in the development area.
(7) Perform strategic planning involving all regional efforts for economic development. The strategic planning process shall include collaboration with local economic development organizations as well as all interested parties within the region. The strategic plan shall be completed before September 30, 2021, and each five (5) years thereafter, or more often if the commission deems necessary.
As added by P.L.58-2021, SEC.1. Amended by P.L.186-2023, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-5. Membership of the Commission

Sec. 5. (a) The commission consists of the following thirteen (13) members:
(1) Eleven (11) members who serve two (2) year terms as follows:
(A) Three (3) members appointed by the governor. The members appointed under this clause may not all be from the same political party.
(B) One (1) member appointed by the speaker of the house of representatives.
(C) One (1) member appointed by the minority leader of the house of representatives.
(D) One (1) member appointed by the president pro tempore of the senate.
(E) One (1) member appointed by the minority leader of the senate.
(F) Four (4) members appointed by the mayors and commissioners caucus of the northeast Indiana regional development authority established under IC 36-7.6. Of the members appointed under this clause, at least two (2) members must be individuals who:
(i) are involved in a local economic development organization; and
(ii) reside in a county that is located within the development area, with one (1) member from a county that has a population of less than fifty thousand (50,000) and one (1) member from a county that has a population of more than fifty thousand (50,000).
(2) The chief executive officer of the northeast Indiana regional partnership, who serves as a nonvoting member.
(3) The president of the Regional Chamber of Northeast Indiana, who serves as a nonvoting member.
(b) Each member of the commission must reside within the development area.
(c) Not more than three (3) members may reside in the same county.
As added by P.L.58-2021, SEC.1. Amended by P.L.186-2023, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-6. Expiration of Term

Sec. 6. (a) Upon the expiration of the term of an appointed member of the commission, the member's successor shall be appointed for a four (4) year term.
(b) A member may be reappointed.
As added by P.L.58-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-7. Vacancies

Sec. 7. If a vacancy occurs among the appointed membership of the commission, the vacancy shall be filled for the unexpired term in the same manner and under the same conditions as the original appointment.
As added by P.L.58-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-8. Election of Chairperson; Vice Chairperson; Treasurer; Term

Sec. 8. (a) Each year the commission shall elect the following from among the members of the commission:
(1) A chairperson.
(2) A vice chairperson.
(3) A treasurer.
(b) An individual elected as a chairperson or a vice chairperson:
(1) serves a term of one (1) year beginning July 1 following the date the individual is elected; and
(2) may be reelected.
As added by P.L.58-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-9. Commission Meetings

Sec. 9. (a) The commission:
(1) shall fix the time for regular meetings; and
(2) may hold special meetings at the call of the chairperson with seven (7) days written notice.
(b) A member may waive written notice of a specific meeting by filing a written notice with the commission.
(c) Written notice is considered to have been given under this section when the written notice is:
(1) placed in the United States mail, first class postage prepaid; and
(2) sent to the business address of the members of the commission.
As added by P.L.58-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-10. Non-State Employee Members; No per Diem; No Travel Allowance

Sec. 10. A member of the commission who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1. The member is also not entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties.
As added by P.L.58-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-11. Commission Authority; Commission May Sue or Be Sued; Audit

Sec. 11. (a) The commission shall:
(1) accept grants, loans, and other forms of financial assistance from any source and disburse them for the purposes of the commission; and
(2) provide recommendations in matters related to the commission's purposes to political subdivisions in the development area.
(b) The commission may sue and be sued.
(c) The commission shall have an audit of its books and accounts made at least once in each year by a certified public accounting firm or the state board of accounts. If the audit is to be conducted by a certified public accounting firm, the firm may not be selected without a review of the firm's proposal and approval of the firm by the state board of accounts. The cost of the audit shall be considered an expense of the commission, and a copy of the audit shall be made available to the public.
As added by P.L.58-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 39. Northeast Indiana Strategic Development Commission › 36-7-39-12. Commission Report

Sec. 12. Before November 1 of each year, the commission shall make a report of the commission's activities to the following:
(1) The legislative body of each county located in the development area.
(2) The legislative body of each municipality located in the development area.
(3) The governor.
(4) The general assembly. The report must be in an electronic format under IC 5-14-6.
As added by P.L.58-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 40. Economic Enhancement Districts › 36-7-40-3. "Economic Enhancement Project"

Sec. 3. As used in this chapter, "economic enhancement project" means the following:
(1) Providing security for public areas, including installing and maintaining exterior cameras directly linked with the Indianapolis metropolitan police department central control.
(2) Employing safety ambassadors to:
(A) deter aggressive panhandling and other nuisance behavior;
(B) assist with directions and information;
(C) facilitate open communications with police to report ongoing issues;
(D) provide safety escort services; and
(E) maintain a network of communication throughout the downtown area by engaging with private and public security companies.
(3) Cleaning and maintaining sidewalks, including picking up litter, removing graffiti, and power washing.
(4) Conducting extensive outreach to unsheltered homeless individuals.
(5) Funding facility operations for a low barrier shelter for homeless individuals.
(6) Designing, landscaping, beautifying, or maintaining public areas.
(7) Activating and promoting public events.
(8) Creating innovative approaches to attracting new businesses.
(9) Supporting business development.
(10) Planning improvement activities.
As added by P.L.201-2023, SEC.279.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 40. Economic Enhancement Districts › 36-7-40-4. Adoption of Ordinance Establishing Economic Enhancement District

Sec. 4. (a) The legislative body of a city may adopt an ordinance establishing a special assessment district known as the economic enhancement district. The adopting ordinance must contain the following:
(1) the boundaries of the proposed economic enhancement district, which may not exceed the boundaries of the Mile Square area of the city;
(2) a finding that the proposed economic enhancement projects will provide special benefits to all property owners of the economic enhancement district;
(3) the formula to be used for the assessment of benefits as provided in section 6 of this chapter; and
(4) an expiration date of the economic enhancement district, which, subject to subsection (b), may not be later than ten (10) years from the date of the adoption of the ordinance.
The adopting ordinance must establish an economic enhancement district board.
(b) Notwithstanding subsection (a), the termination of the downtown recovery district may be extended for a period of ten (10) additional years if the legislative body adopts an ordinance and the general assembly enacts legislation to extend the life of the economic enhancement district.
As added by P.L.201-2023, SEC.279.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 40. Economic Enhancement Districts › 36-7-40-5. Appointment of Board Members; Staff Support

Sec. 5. (a) An ordinance adopted under section 4 of this chapter must establish an economic enhancement board consisting of eight (8) members to be appointed as follows:
(1) Two (2) members appointed by the legislative body of the city.
(2) Two (2) members appointed by the mayor of the city.
(3) Two (2) members appointed by the governor. One (1) of the members appointed under this subdivision must represent the business community and own real property located within the economic enhancement district.
(4) One (1) member of the state senate appointed by the president pro tempore.
(5) One (1) member of the house of representatives appointed by the speaker.
A majority of the board members must own real property within the economic enhancement district. Each board member shall serve a term of one (1) year from the first day of January after the board member's appointment and until the board member's successor is appointed and qualified.
(b) A proposal before the board must receive at least five (5) votes to authorize action by the board.
(c) Downtown Indy, Inc., or its successor organization, shall provide staff support to the economic enhancement board.
(d) The members appointed under subsection (a)(4) and (a)(5) may not receive compensation for service on the board.
As added by P.L.201-2023, SEC.279.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 40. Economic Enhancement Districts › 36-7-40-7. Annual Budget; Expenditures

Sec. 7. (a) Not later than November 1 of each year, the board shall prepare and submit to the city fiscal body a budget for the following calendar year governing the board's projected expenditures from the economic enhancement district project fund. The city fiscal body may approve, modify, or reject the proposed budget.
(b) The board may make an expenditure from the economic enhancement district project fund only if the expenditure is approved by the city fiscal body in its review of the board's budget or is otherwise approved by the city fiscal body.
As added by P.L.201-2023, SEC.279.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 40. Economic Enhancement Districts › 36-7-40-9. Leases or Contracted Agreements

Sec. 9. The board may enter into lease or contractual agreements, or both, with governmental, not-for-profit, or other private entities for the purpose of carrying out recovery projects.
As added by P.L.201-2023, SEC.279.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 40. Economic Enhancement Districts › 36-7-40-10. Disposal of Assets and Liabilities Upon Repeal of Ordinance

Sec. 10. If the ordinance that established an economic enhancement district is repealed, the assets and liabilities of the economic enhancement district shall be disposed of in the manner determined by the city. However, liabilities incurred by the economic enhancement district are not an obligation of the city and are payable only from the special benefits assessments and other revenues of the economic enhancement district.
As added by P.L.201-2023, SEC.279.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 40. Economic Enhancement Districts › 36-7-40-11. Annual Report to City Fiscal Body

Sec. 11. The board shall submit an annual report to the city fiscal body not later than June 30 of each year. The report must summarize the board's activities and expenditures during the preceding calendar year.
As added by P.L.201-2023, SEC.279.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 40. Economic Enhancement Districts › 36-7-40-12. Power of the Board to Finance Projects

Sec. 12. Subject to section 13 of this chapter, after approval of the city fiscal body, the board may issue revenue bonds payable from special benefits assessment revenues or other revenues of the economic enhancement district to finance an economic enhancement project.
As added by P.L.201-2023, SEC.279.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 40. Economic Enhancement Districts › 36-7-40-13. Failure to Comply With Statutory Requirements

Sec. 13. If the board fails to comply with a requirement under this chapter, the board may not issue revenue bonds and a special assessment may not be assessed within the economic enhancement district.
As added by P.L.201-2023, SEC.279.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 0.1. Findings › 36-7.5-0.1-1. General Assembly Findings

Sec. 1. The general assembly finds the following:
(1) The eligible counties face unique and distinct challenges and opportunities related to transportation and economic development that are different in scope and type than those faced by other units of local government in Indiana.
(2) A unique approach is required to fully take advantage of the economic development potential of the Chicago, South Shore, and South Bend Railway and the Gary/Chicago International Airport and the Lake Michigan shoreline.
(3) The powers and responsibilities provided to the development authority are appropriate and necessary to carry out the public purposes of encouraging economic development and further facilitating the provision of air, rail, and bus transportation services, projects, and facilities, shoreline development projects, and economic development projects in the eligible counties.
As added by P.L.220-2011, SEC.667.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-2. "Airport Authority"

Sec. 2. "Airport authority" refers to an airport authority established under IC 8-22-3 in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
As added by P.L.214-2005, SEC.73. Amended by P.L.11-2023, SEC.124.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-3. "Airport Authority Project"

Sec. 3. "Airport authority project" means a project that can be financed with the proceeds of bonds issued by an airport authority under IC 8-22-3.
As added by P.L.214-2005, SEC.73.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-4. "Airport Development Authority"

Sec. 4. "Airport development authority" refers to an airport development authority established under IC 8-22-3.7 in the city of Gary.
As added by P.L.214-2005, SEC.73. Amended by P.L.119-2012, SEC.214; P.L.104-2022, SEC.196.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-6. "Commuter Transportation District"

Sec. 6. "Commuter transportation district" refers to a commuter transportation district that:
(1) is established under IC 8-5-15; and
(2) has among its purposes the maintenance, operation, and improvement of passenger service over the Chicago, South Shore, and South Bend Railroad and any extension of that railroad.
As added by P.L.214-2005, SEC.73.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-7. "Commuter Transportation District Project"

Sec. 7. "Commuter transportation district project" means a project that can be financed with the proceeds of bonds issued by a commuter transportation district under IC 8-5-15.
As added by P.L.214-2005, SEC.73.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-10. "Economic Development Project"

Sec. 10. "Economic development project" means the following:
(1) An economic development project described in any of the following:
(A) IC 36-7.5-2-1(2), IC 36-7.5-2-1(3), or IC 36-7.5-2-1(4).
(B) IC 36-7.5-3-1(2) or IC 36-7.5-3-1(4).
(C) The Marquette Plan.
(2) A dredging, sediment removal, or channel improvement project.
As added by P.L.214-2005, SEC.73. Amended by P.L.192-2015, SEC.7; P.L.204-2016, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-11. "Eligible County"

Sec. 11. "Eligible county" refers to the following counties:
(1) Lake County.
(2) Porter County.
(3) LaPorte County, if:
(A) the fiscal body of the county has adopted an ordinance under IC 36-7.5-2-3(d) providing that the county is joining the development authority; and
(B) the fiscal body of the city described in IC 36-7.5-2-3(d) has adopted an ordinance under IC 36-7.5-2-3(d) providing that the city is joining the development authority.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.49; P.L.119-2012, SEC.215; P.L.165-2021, SEC.207; P.L.104-2022, SEC.197.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-11.3. "Eligible Municipality"

Sec. 11.3. "Eligible municipality" refers to a municipality that has become a member of the development authority under IC 36-7.5-2-3(h).
As added by P.L.182-2009(ss), SEC.421. Amended by P.L.165-2021, SEC.208.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-12. "Eligible Political Subdivision"

Sec. 12. "Eligible political subdivision" means the following:
(1) An airport authority.
(2) A commuter transportation district.
(3) A regional bus authority under IC 36-9-3-2(c).
(4) A regional transportation authority established under IC 36-9-3-2.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.50; P.L.197-2011, SEC.146; P.L.114-2022, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-12.7. "Marquette Plan"

Sec. 12.7. "Marquette Plan" refers to the proposal for lakeshore reinvestment prepared for the northwest Indiana regional planning commission in February 2008.
As added by P.L.192-2015, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-13. "Project"

Sec. 13. "Project" means an airport authority project, a commuter transportation district project, an economic development project, a regional bus authority project, or a regional transportation authority project.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.51; P.L.197-2011, SEC.149; P.L.114-2022, SEC.35.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-13.5. "Rail Project"

Sec. 13.5. "Rail project" refers to the following:
(1) The mainline double tracking project.
(2) The West Lake corridor project.
As added by P.L.229-2017, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-14. "Regional Bus Authority"

Sec. 14. "Regional bus authority" means a regional transportation authority operating as a regional bus authority under IC 36-9-3-2(c).
As added by P.L.214-2005, SEC.73.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-15. "Regional Bus Authority Project"

Sec. 15. "Regional bus authority project" means a project that can be financed with the proceeds of bonds issued by a regional bus authority under IC 36-9-3.
As added by P.L.214-2005, SEC.73.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 1. Definitions › 36-7.5-1-15.6. "Regional Transportation Authority Project"

Sec. 15.6. "Regional transportation authority project" means a project that can be financed with the proceeds of bonds issued by a regional transportation authority under IC 36-9-3.
As added by P.L.47-2006, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 2. Development Authority and Board › 36-7.5-2-1. Establishment; Purposes

Sec. 1. The northwest Indiana regional development authority is established as a separate body corporate and politic to carry out the purposes of this article by:
(1) acquiring, constructing, equipping, owning, leasing, and financing projects and facilities for lease to or for the benefit of eligible political subdivisions under this article in accordance with IC 36-7.5-3-1.5;
(2) funding and developing the Gary/Chicago International Airport expansion and other airport authority projects, commuter transportation district and other rail projects and services, regional bus authority projects and services, regional transportation authority projects and services, and economic development projects in northwestern Indiana;
(3) assisting with the funding of infrastructure needed to sustain development of an intermodal facility in northwestern Indiana;
(4) funding and developing regional transportation infrastructure projects under IC 36-9-43; and
(5) studying and evaluating destination based economic development projects that have:
(A) an identified market;
(B) identified funding sources and these funding sources include at least fifty percent (50%) from nongovernmental sources; and
(C) a demonstrable short and long term local and regional economic impact, as verified by an independent economic analysis.
An economic analysis conducted under clause (C) must be submitted to the budget committee at least thirty (30) days before review is sought for the project under IC 36-7.5-3-1.5.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.54; P.L.197-2011, SEC.150; P.L.192-2015, SEC.9; P.L.204-2016, SEC.37; P.L.229-2017, SEC.37; P.L.114-2022, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 2. Development Authority and Board › 36-7.5-2-2. Power in Eligible Counties and Eligible Municipalities

Sec. 2. The development authority may carry out its powers and duties under this article in the following:
(1) An eligible county.
(2) An eligible municipality.
As added by P.L.214-2005, SEC.73. Amended by P.L.182-2009(ss), SEC.422.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 2. Development Authority and Board › 36-7.5-2-4. Development Board; Terms of Members; Vacancy; Oath; Compensation

Sec. 4. (a) A member appointed to the development board serves a four (4) year term. However, a member serves at the pleasure of the appointing authority. A member may be reappointed to subsequent terms.
(b) Subject to section 3(i) of this chapter, if a vacancy occurs on the development board, the appointing authority that made the original appointment shall fill the vacancy by appointing a new member for the remainder of the vacated term.
(c) Each member appointed to the development board, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the development board.
(d) A member appointed to the development board is not entitled to receive any compensation for performance of the member's duties. However, a member is entitled to a per diem from the development authority for the member's participation in development board meetings. The amount of the per diem is equal to the amount of the per diem provided under IC 4-10-11-2.1(b).
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.56; P.L.144-2020, SEC.2; P.L.165-2021, SEC.210.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 2. Development Authority and Board › 36-7.5-2-5. Chair; Officers

Sec. 5. (a) One (1) of the members appointed by the governor under section 3(b)(1) of this chapter shall serve as chair of the development board.
(b) In January of each year, the development board shall hold an organizational meeting at which the development board shall elect the following officers from the members of the development board:
(1) A vice chair.
(2) A secretary-treasurer.
(c) Not more than two (2) members from any particular county may serve as an officer described in subsection (a) or elected under subsection (b). The affirmative vote of at least five (5) members of the development board is necessary to elect an officer under subsection (b). However, if the county described in section 3(d) of this chapter is an eligible county participating in the development authority, the affirmative vote of at least six (6) members of the development board is necessary to elect an officer under subsection (b).
(d) An officer elected under subsection (b) serves from the date of the officer's election until the officer's successor is elected and qualified.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.57; P.L.165-2021, SEC.211.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 2. Development Authority and Board › 36-7.5-2-6. Meetings; Quorum; Affirmative Votes; Proxies Prohibited

Sec. 6. (a) The development authority is a public agency for purposes of IC 5-14-1.5 and IC 5-14-3. The development board is a governing body for purposes of IC 5-14-1.5.
(b) The development board shall meet at least quarterly.
(c) The chair of the development board may call a special meeting of the development board.
(d) Five (5) members of the development board constitute a quorum. However, if the county described in section (3)(d) of this chapter is an eligible county participating in the development authority, six (6) members of the development board constitute a quorum.
(e) Except as provided in subsection (h), the affirmative votes of at least five (5) members of the development board are necessary to authorize any action of the development authority. However, if the county described in section 3(d) of this chapter is an eligible county participating in the development authority, the affirmative votes of at least six (6) members of the development board are necessary to authorize any action of the development authority.
(f) Notwithstanding any other provision of this article, the minimum number of affirmative votes required under subsection (e) to take any of the following actions must include the affirmative vote of the member appointed by the governor who serves as chair:
(1) Making loans, loan guarantees, or grants or providing any other funding or financial assistance for projects.
(2) Acquiring or condemning property.
(3) Entering into contracts.
(4) Employing an executive director or any consultants or technical experts.
(5) Issuing bonds or entering into a lease of a project.
(g) A member of the board may not:
(1) designate another individual to attend a board meeting on behalf of the member in the member's absence; or
(2) allow another member of the board to cast a proxy vote on behalf of the member in the member's temporary absence from a meeting.
(h) This subsection only applies to a vote on matters that pertain strictly to a transit development district established under IC 36-7.5-4.5-17 on which the members of the development board appointed under section 3(b)(4) may cast a vote. The affirmative votes of at least six (6) members of the development board, which must include the chair, are necessary to authorize any action of the development authority.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.58; P.L.192-2015, SEC.10; P.L.144-2020, SEC.3; P.L.165-2021, SEC.212.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 2. Development Authority and Board › 36-7.5-2-7. Bylaws and Rules

Sec. 7. The development board may adopt the bylaws and rules that the development board considers necessary for the proper conduct of the development board's duties and the safeguarding of the development authority's funds and property. The development board shall include in its rules a statement that recognizes that a member of the development board is a public servant subject to IC 35-44.1-1-4 concerning conflict of interest.
As added by P.L.214-2005, SEC.73. Amended by P.L.248-2017, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 2. Development Authority and Board › 36-7.5-2-8. Public Purchasing and Public Works Project Laws Apply; Alternatives; Commuter Transportation District Exercise of Development Authority's Powers and Duties

Sec. 8. (a) Except as provided in subsection (c), the development authority must comply with IC 5-22 (public purchasing), IC 36-1-12 (public work projects), and any applicable federal bidding statutes and regulations. An eligible political subdivision that receives a loan, a grant, or other financial assistance from the development authority or enters into a lease with the development authority must comply with applicable federal, state, and local public purchasing and bidding law and regulations. However, a purchasing agency (as defined in IC 5-22-2-25) of an eligible political subdivision may:
(1) assign or sell a lease for property to the development authority; or
(2) enter into a lease for property with the development authority;
at any price and under any other terms and conditions as may be determined by the eligible political subdivision and the development authority. However, before making an assignment or sale of a lease or entering into a lease under this section that would otherwise be subject to IC 5-22, the eligible political subdivision or its purchasing agent must obtain or cause to be obtained a purchase price for the property to be subject to the lease from the lowest responsible and responsive bidder in accordance with the requirements for the purchase of supplies under IC 5-22.
(b) In addition to the provisions of subsection (a), with respect to projects undertaken by the authority, the authority shall set a goal for participation by minority business enterprises of fifteen percent (15%) and women's business enterprises of five percent (5%), consistent with the goals of delivering the project on time and within the budgeted amount and, insofar as possible, using Indiana businesses for employees, goods, and services. In fulfilling the goal, the authority shall take into account historical precedents in the same market.
(c) As an alternative to IC 36-1-12, the development authority may utilize and may comply with:
(1) IC 5-16;
(2) IC 5-23;
(3) IC 5-30;
(4) IC 5-32; or
(5) any combination of the articles listed in subdivisions (1) through (4) as determined by the development authority as appropriate;
when acquiring, financing, and constructing a public work that is a development project (as defined in IC 36-7.5-4.5-5).
(d) The development authority may:
(1) contract with;
(2) assign to; or
(3) delegate to;
a commuter transportation district to perform any duties and exercise any powers of the development authority under this chapter.
As added by P.L.214-2005, SEC.73. Amended by P.L.252-2015, SEC.48; P.L.189-2018, SEC.167; P.L.10-2019, SEC.136.