reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-5. "Income Tax Base Period Amount"

Sec. 5. As used in this chapter, "income tax base period amount" means the total amount of local income tax (IC 6-3.6) paid by employees employed in the territory comprising a global commerce center with respect to wages and salary earned for work in the global commerce center for the state fiscal year that precedes the date on which the global commerce center was designated under section 12 of this chapter.
As added by P.L.203-2005, SEC.2. Amended by P.L.197-2016, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-6. "Income Tax Incremental Amount"

Sec. 6. As used in this chapter, "income tax incremental amount" means the remainder of:
(1) the total amount of local income tax (IC 6-3.6) paid by employees employed in the territory comprising the global commerce center with respect to wages and salary earned for work in the territory comprising the global commerce center for a particular state fiscal year; minus
(2) the income tax base period amount;
as determined by the department of state revenue.
As added by P.L.203-2005, SEC.2. Amended by P.L.197-2016, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-7. "Public Facilities"

Sec. 7. As used in this chapter, "public facilities" includes a street, a road, a bridge, a storm water or sanitary sewer, a sewage treatment facility, a facility designed to reduce, eliminate, or prevent the spread of identified soil or groundwater contamination, a drainage system, a retention basin, a pretreatment facility, a waterway, a waterline, a water storage facility, a rail line, an electric, gas, telephone or other communications line or any other type of utility line or pipeline, or another similar or related structure or improvement, together with necessary easements for the structure or improvement. Except for rail lines, utility lines, or pipelines, the structures or improvements described in this section must be either owned or used by a public agency, functionally connected to similar or supporting facilities owned or used by a public agency, or designed and dedicated for use by, for the benefit of, or for the protection of the health, welfare, or safety of the public generally, whether or not used by a single business entity. Any road, street, or bridge must be continuously open to public access. A public facility must be located on public property or in a public, utility, or transportation easement or right-of-way.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-8. "Spoke"

Sec. 8. As used in this chapter, "spoke" means an economic development project that is:
(1) located within the area served by a district;
(2) undertaken to support the activities of a hub; and
(3) treated as a global commerce center under this chapter upon the approval of the district board and fiscal body of the county in which the project is located.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-9. "Tax Increment Revenues"

Sec. 9. As used in this chapter, "tax increment revenues" means the property taxes attributable to the assessed value of property located in a global commerce center in excess of the base assessed value.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-11. Powers of Corporation

Sec. 11. The corporation may do the following:
(1) Designate a global commerce center pilot program under section 12 of this chapter.
(2) Establish a procedure by which the global commerce center pilot program may be monitored and evaluated on an annual basis.
(3) Promote the global commerce center pilot program.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-12. Designation of Global Commerce Center

Sec. 12. (a) If a district applies to the corporation to have part of the area served by the district designated as a global commerce center, the corporation may approve the district's application if the corporation determines that the district's proposed global commerce center meets the following criteria:
(1) The proposed global commerce center is well suited for the development of a hub and its supporting spokes.
(2) The proposed global commerce center has the support of the surrounding community.
(3) The proposed global commerce center is well suited for the development of at least one (1) of the following:
(A) A high technology activity.
(B) Advanced manufacturing.
(C) Transportation, distribution, and logistics.
(D) Agribusiness.
(b) The corporation may adopt rules under IC 4-22-2 specifying application procedures.
(c) A global commerce center designated under this section must include a hub. The boundaries of the global commerce center are not required to be contiguous. Only one (1) global commerce center pilot program may be designated under this section.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-13. Addition of Spokes to Global Commerce Center

Sec. 13. If a global commerce center is designated under section 12 of this chapter, an unlimited number of spokes may be added to the global commerce center at the discretion of the fiscal bodies of the counties served by the district and the district board.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-14. List of Employers in Global Commerce Center

Sec. 14. (a) After a global commerce center is designated under section 12 of this chapter, the district shall send to the department of state revenue:
(1) a certified copy of the designation of the global commerce center under section 12 of this chapter; and
(2) a complete list of the employers in the global commerce center and the street names and the range of street numbers of each street in the global commerce center.
The district shall update the list provided under subdivision (2) before July 1 of each year.
(b) Not later than sixty (60) days after receiving a copy of the designation of the global commerce center, the department of state revenue shall determine the gross retail base period amount and the income tax base period amount.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-15. Deadline for Calculation of Income Tax Incremental Amount; Taxpayer Reporting

Sec. 15. (a) Before the first business day in October of each year, the department of state revenue shall calculate the income tax incremental amount and the gross retail incremental amount for the preceding state fiscal year for each global commerce center designated under this chapter.
(b) Taxpayers operating in the global commerce center shall report annually, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate the income tax incremental amount and the gross retail incremental amount.
(c) A taxpayer operating in the global commerce center that files a consolidated tax return with the department also shall file annually an informational return with the department for each business location of the taxpayer within the global commerce center.
(d) If a taxpayer fails to report the information required by this section or file an informational return required by this section, the department shall use the best information available in calculating the income tax incremental amount and the gross retail incremental amount.
As added by P.L.203-2005, SEC.2. Amended by P.L.261-2013, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-16. Establishment of Incremental Tax Financing Fund; Deposits; Distributions

Sec. 16. (a) The treasurer of state shall establish an incremental tax financing fund for each global commerce center designated under this chapter. The fund shall be administered by the treasurer of state. Money in the fund does not revert to the state general fund at the end of a state fiscal year.
(b) The total amount of local income tax (IC 6-3.6) paid by employees employed in the global commerce center with respect to wages earned for work in the global commerce center shall be deposited in the incremental tax financing fund established for a global commerce center until the amount deposited equals the income tax incremental amount.
(c) On or before the twentieth day of each month, all amounts held in the incremental tax financing fund established for a global commerce center shall be distributed to the district that administers the global commerce center for deposit in the regional economic development fund established under section 19 of this chapter.
As added by P.L.203-2005, SEC.2. Amended by P.L.197-2016, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-17. Allocation of Tax Increment Revenues to District

Sec. 17. (a) A county fiscal body in which a hub or spoke is located may allocate three percent (3%) of the tax increment revenues attributable to the hub or spoke to the district if the county fiscal body adopts a resolution under subsection (b).
(b) The county fiscal body may adopt a resolution designating a hub or spoke as an allocation area for purposes of the allocation and distribution of the amount of property taxes described in subsection (a).
(c) After adoption of the resolution under subsection (b), the county fiscal body shall:
(1) publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1; and
(2) file the following information with each taxing unit that has authority to levy property taxes in the geographic area where the global commerce center is located:
(A) A copy of the notice required by subdivision (1).
(B) A statement disclosing the impact of the global commerce center, including the following:
(i) The estimated economic benefits and costs incurred by the global commerce center, as measured by increased employment and anticipated growth of real property assessed values.
(ii) The anticipated impact on tax revenues of each taxing unit.
The notice must state the general boundaries of the global commerce center and must state that written remonstrances may be filed with the county fiscal body until the time designated for the hearing. The notice must also name the place, date, and time when the county fiscal body will receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed allocation area and will determine the public utility and benefit of the proposed allocation area. The county fiscal body shall file the information required by subdivision (2) with the officers of the taxing unit who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 at least ten (10) days before the date of the public hearing. All persons affected in any manner by the hearing, including all taxpayers within the county, shall be considered notified of the pendency of the hearing and of subsequent acts, hearings, adjournments, and orders of the county fiscal body affecting the allocation area if the county fiscal body gives the notice required by this section.
(d) At the hearing, which may be recessed and reconvened periodically, the county fiscal body shall hear all persons interested in the proceedings and shall consider all written remonstrances and objections that have been filed. After considering the evidence presented, the county fiscal body shall take final action in determining the public utility and benefit of the proposed allocation area confirming, modifying and confirming, or rescinding the resolution. The final action taken by the county fiscal body shall be recorded and is final and conclusive.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-18. Bonding to Provide Public Facilities in Global Commerce Center

Sec. 18. (a) A unit may issue bonds for the purpose of providing public facilities under this chapter.
(b) The bonds are payable from any funds available to the unit.
(c) The bonds shall be authorized by a resolution of the unit.
(d) The terms and form of the bonds shall be set out either in the resolution or in a form of trust indenture approved by the resolution.
(e) The bonds must mature within:
(1) fifty (50) years, for bonds issued before July 1, 2008; or
(2) twenty-five (25) years, for bonds issued after June 30, 2008.
(f) The unit shall sell the bonds at public or private sale upon terms determined by the district.
(g) All money received from any bonds issued under this chapter shall be applied solely to the payment of the cost of providing public facilities within a global commerce center, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include the cost of:
(1) planning and development of the public facilities and all related buildings, facilities, structures, and improvements;
(2) acquisition of a site and clearing and preparing the site for construction;
(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the public facilities suitable for use and operation;
(4) architectural, engineering, consultant, and attorney's fees;
(5) incidental expenses in connection with the issuance and sale of bonds;
(6) reserves for principal and interest;
(7) interest during construction and for a period thereafter determined by the district, but not to exceed five (5) years;
(8) financial advisory fees;
(9) insurance during construction;
(10) municipal bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement; and
(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, for, and interest on, the bonds being refunded or refinanced.
(h) A unit that issues bonds under this section may enter an interlocal agreement with any other unit located in the area served by the district in which the global commerce center is designated. A party to an agreement under this section may pledge any of its revenues, including taxes or allocated taxes under IC 36-7-14, to the bonds or lease rental obligations of another party to the agreement.
As added by P.L.203-2005, SEC.2. Amended by P.L.146-2008, SEC.44.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-19. Establishment of Regional Economic Development Fund; Permitted Uses

Sec. 19. (a) The district shall establish a regional economic development fund.
(b) The fund consists of:
(1) revenues received under section 16 of this chapter;
(2) property taxes allocated to the district under section 17 of this chapter; and
(3) any other funds made available to the district for the purposes of economic development within a global commerce center.
(c) Money in the fund may be used to:
(1) provide rent subsidies to businesses locating in the global commerce center; and
(2) maintain, improve, and expand economic development projects located in a global commerce center and the surrounding communities.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 26. Global Commerce Center Pilot Program › 5-28-26-21. Corporation Discretion to Revoke Global Commerce Center Designation

Sec. 21. (a) The corporation may revoke the corporation's designation of a global commerce center pilot program at the discretion of the corporation.
(b) Notwithstanding a revocation made under subsection (a), a debt or an obligation incurred during the period in which the global commerce center pilot program was in effect remains valid and payable.
As added by P.L.203-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28. State Economic Incentives and Compliance Report › 5-28-28-1. Applicability

Sec. 1. This chapter applies to grants, loans, and tax credits:
(1) applied for; and
(2) awarded;
after June 30, 2005.
As added by P.L.222-2007, SEC.1. Amended by P.L.175-2013, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28. State Economic Incentives and Compliance Report › 5-28-28-3. "Loan"

Sec. 3. As used in this chapter, "loan":
(1) refers to a loan made by the corporation, regardless of whether the loan is forgivable; and
(2) includes a loan guarantee made by the corporation.
As added by P.L.222-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28. State Economic Incentives and Compliance Report › 5-28-28-4. "Tax Credit"

Sec. 4. As used in this chapter, "tax credit" means a state tax liability credit under any of the following:
(1) IC 6-3.1-7 (before its expiration).
(2) IC 6-3.1-13.
(3) IC 6-3.1-26.
(4) IC 6-3.1-30.
(5) IC 6-3.1-34.
As added by P.L.222-2007, SEC.1. Amended by P.L.133-2012, SEC.48; P.L.175-2013, SEC.5; P.L.288-2013, SEC.2; P.L.190-2014, SEC.12; P.L.238-2017, SEC.7; P.L.158-2019, SEC.1; P.L.214-2019, SEC.3; P.L.156-2020, SEC.13.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28. State Economic Incentives and Compliance Report › 5-28-28-5. Corporation to Publish an Economic Incentives and Compliance Report

Sec. 5. (a) The corporation shall:
(1) submit an economic incentives and compliance report to:
(A) the governor; and
(B) the legislative council in an electronic format under IC 5-14-6; and
(2) publish the report on the corporation's Internet web site;
on the schedule specified in subsection (b).
(b) The corporation shall submit and publish before February 1 of each year an incentives and compliance report that provides updated information for active incentive agreements approved and awarded after January 1, 2005, through the immediately preceding calendar year.
As added by P.L.222-2007, SEC.1. Amended by P.L.175-2013, SEC.6; P.L.145-2016, SEC.21.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28. State Economic Incentives and Compliance Report › 5-28-28-6. Economic Incentives and Compliance Report; Required Elements

Sec. 6. The economic incentives and compliance report required under section 5 of this chapter must include at least the following:
(1) The total for each of the following:
(A) The number and amount of tax credits, loans, and grants contractually awarded by the corporation.
(B) The amount of investments made by the recipients of the tax credits, loans, and grants.
(C) The number of actual jobs created and the number of jobs expected through the reporting year, as reviewed by an independent auditing firm chosen by the corporation.
(D) The amount of recaptured incentives for the reporting year and the total number of recipients.
(E) The number and amount of tax credits claimed for the reporting year, as reported by the department of state revenue to the corporation by December 31 of each year.
(2) With respect to each recipient of a tax credit, loan, or grant referred to in subdivision (1), the following:
(A) The name, county, and municipality (if any) of the recipient.
(B) The amount of tax credits certified to the recipient, and the amount of grants and loans actually paid out, during the term of the agreement.
(C) The purpose of the tax credit, loan, or grant.
(D) The performance goals for the reporting year, including the following:
(i) Numbers of employees to be hired, retained, or trained.
(ii) If a financial investment by the recipient was a condition for providing an incentive, the amount of the financial investment that the recipient expects to make in Indiana as a result of the project for which the incentive was granted.
(E) Certification by the corporation that the recipient is complying with the terms of the incentive agreement.
As added by P.L.222-2007, SEC.1. Amended by P.L.175-2013, SEC.7; P.L.2-2014, SEC.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28. State Economic Incentives and Compliance Report › 5-28-28-7. Investigating Failure to Comply With Incentive Agreement; Reclaiming Grants, Loans, or Incentives

Sec. 7. (a) If, in the course of compiling information to complete a report required by section 5 of this chapter or upon the receipt of any other information concerning noncompliance with the terms and conditions of an incentive granted by the corporation, the corporation determines that a recipient of an incentive awarded by the corporation has not complied with the terms of the incentive agreement, the corporation shall take the actions required under subsections (b) and (d).
(b) If the incentive is a grant or loan awarded before April 1, 2010, the corporation shall determine:
(1) whether there was good cause for the noncompliance; and
(2) whether the recipient is in default.
If in the judgment of the corporation there is not good cause for any noncompliance discovered under subsection (a), the corporation may seek a refund or arrange other methods of reclaiming the grant or loan from the recipient. If the corporation does seek a refund or otherwise reclaims a grant or loan from the recipient under this section, the amount of the refund or reclaimed part must be in proportion to the degree of default by the recipient as determined by the corporation.
(c) Subsection (b) does not apply to a recipient of a grant or loan if:
(1) the grant or loan has been disbursed on a pro rata basis; and
(2) in the judgment of the corporation, the recipient's performance in relation to the recipient's performance goals equals or exceeds the ratio of the amount of the recipient's actual benefit from the grant or loan to the total amount of the grant or loan originally contemplated in the grant or loan award.
(d) If the incentive granted by the corporation was awarded after March 31, 2010, the corporation shall seek a refund or arrange other methods of reclaiming the value of the incentive granted by the corporation from the recipient. The amount of the refund or reclaimed part must be in proportion to the degree of default by the recipient as determined by the corporation.
As added by P.L.222-2007, SEC.1. Amended by P.L.110-2010, SEC.12; P.L.175-2013, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28. State Economic Incentives and Compliance Report › 5-28-28-8. Incentive Recapture; Waiver or Modification

Sec. 8. (a) As used in this section, "recapture provision" means language that requires the recipient of an incentive to repay some part of the incentive.
(b) The corporation may waive or modify a recapture provision of this article or an agreement made with a person to whom the corporation has awarded an incentive if the corporation determines that the recipient of an incentive awarded by the corporation has failed to meet a condition for receiving the incentive because of circumstances beyond the recipient's control, including:
(1) natural disaster;
(2) unforeseen industry trends;
(3) lack of available labor force;
(4) loss of a major supplier or market; or
(5) another circumstance beyond the recipient's control, as determined by the corporation.
As added by P.L.110-2010, SEC.13.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28. State Economic Incentives and Compliance Report › 5-28-28-9. Economic Incentives and Compliance Report; Statistical Summary Required

Sec. 9. (a) The economic incentives and compliance report required under section 5 of this chapter must include an annual report containing summary statistics on the effectiveness of and compliance with all incentives granted by the corporation. The report required by this section must describe:
(1) the overall compliance with the terms and conditions of incentives provided; and
(2) penalties imposed for failure to comply with the terms and conditions of incentives provided.
The report must also be submitted to the general assembly in an electronic format under IC 5-14-6.
(b) Upon request, the corporation shall make available:
(1) information specifying each person's compliance with its incentive agreement and any incentive that had to be reduced or paid back as a result of noncompliance with an incentive agreement;
(2) information stating, for each incentive recipient, the total incentive provided for each job created, computed from the date the incentive is granted through June 30 of the year of the report;
(3) information concerning all waivers or modifications under section 8 of this chapter; and
(4) information describing all hearings and determinations under IC 5-28-6-6.
As added by P.L.110-2010, SEC.14. Amended by P.L.145-2016, SEC.22.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28. State Economic Incentives and Compliance Report › 5-28-28-10. Economic Incentives and Compliance Report

Sec. 10. In addition to the other requirements of this chapter, the economic incentives and compliance report must also include a detailed report on the following programs, resources, or activities for which the corporation is responsible:
(1) The economic development fund under IC 5-28-8.
(2) The Indiana twenty-first century research and technology fund under IC 5-28-16.
(3) Small business development under IC 5-28-17.
(4) The small business development fund established under IC 5-28-18-7.
(5) The small business incubator program under IC 5-28-21.
(6) Efforts to promote business modernization of and the adoption of technology by Indiana businesses under IC 5-28-23.
(7) An evaluation of the economic development for a growing economy tax credit under IC 6-3.1-13-24.
(8) An evaluation of the Hoosier business investment tax credit under IC 6-3.1-26-25.
(9) Beginning in 2023, an evaluation of the redevelopment tax credit under IC 6-3.1-34-21.
As added by P.L.133-2012, SEC.49. Amended by P.L.130-2018, SEC.18; P.L.158-2019, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.4. Shovel Ready Site Development Center › 5-28-28.4-1. Establishment; Duties

Sec. 1. (a) As used in this section, "permit" means any state agency permit, license, certificate, approval, registration, or similar form of approval required by a statute or administrative rule.
(b) The shovel ready site development center is established within the corporation. The center has the following duties:
(1) Providing comprehensive information on permits required for business activities in Indiana, and making this information available to any person.
(2) Working with other state government offices, departments, and administrative entities in assisting applicants in obtaining timely and efficient permit review and the resolution of issues arising from permit review.
(3) Encouraging the participation of federal and local government agencies in permit coordination.
As added by P.L.162-2007, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.4. Shovel Ready Site Development Center › 5-28-28.4-2. Programs to Assist Political Subdivisions

Sec. 2. (a) As used in this section, "office" means the office of community and rural affairs established by IC 4-4-9.7-4.
(b) As used in this section, "permit" means any local, state, or federal agency permit, license, certificate, approval, registration, or similar form of approval required by statute, administrative rule, regulation, ordinance, or resolution.
(c) To support the duties set forth in section 1 of this chapter, the office shall, in cooperation with the corporation and political subdivisions, administer the shovel ready site development center to enable political subdivisions to obtain all or part of any permits to create sites that are ready for economic development. The office shall serve as the certifying body for acceptance into the program and determine the criteria to be used to certify sites.
As added by P.L.162-2007, SEC.23. Amended by P.L.30-2020, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.5. Broadband Ready Communities Development Center › 5-28-28.5-0.5. "Broadband Services"

Sec. 0.5. As used in this chapter, "broadband services" includes services, including voice, video, and data, that provide capacity for transmission of more than three hundred eighty-four (384) kilobits per second in at least one (1) direction regardless of the technology or medium used, including wireless, copper wire, fiber optic cable, or coaxial cable. If voice transmission capacity is offered in conjunction with other services using transmission of more than three hundred eighty-four (384) kilobits per second, the voice transmission capacity may be less than three hundred eighty-four (384) kilobits per second. The authority shall annually reconsider the three hundred eighty-four (384) kilobits threshold under this section with a bias toward raising the threshold in a manner consistent with technological advances.
As added by P.L.189-2018, SEC.47.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.5. Broadband Ready Communities Development Center › 5-28-28.5-1. "Center"

Sec. 1. As used in this chapter, "center" refers to the broadband ready communities development center established by section 5 of this chapter.
As added by P.L.18-2015, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.5. Broadband Ready Communities Development Center › 5-28-28.5-2. "Permit"

Sec. 2. As used in this chapter, "permit" means any local, state, or federal agency permit, license, certificate, approval, registration, or similar form of approval required by statute, administrative rule, regulation, ordinance, or resolution with respect to a project.
As added by P.L.18-2015, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.5. Broadband Ready Communities Development Center › 5-28-28.5-3. "Project"

Sec. 3. As used in this chapter, "project" means the construction or deployment of wireline or wireless communications facilities to provide communications services (as defined in IC 8-1-32.5-3) in a unit.
As added by P.L.18-2015, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.5. Broadband Ready Communities Development Center › 5-28-28.5-5. Broadband Ready Communities Development Center Established; Duties

Sec. 5. The broadband ready communities development center is established within the office of community and rural affairs. The center has the following duties:
(1) Providing comprehensive information concerning permits required for projects and related business activities in Indiana and making this information available to any person.
(2) Working with other state and local government offices, departments, and administrative entities to encourage timely and efficient issuance of permits and resolution of related issues.
(3) Encouraging local and federal government agencies to coordinate activities related to approving applications and issuing permits for projects.
As added by P.L.18-2015, SEC.1. Amended by P.L.59-2020, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.5. Broadband Ready Communities Development Center › 5-28-28.5-6. Certification of Unit as Broadband Ready Community; Application; Approval

Sec. 6. (a) In addition to the duties set forth in section 5 of this chapter, the center shall create a program to certify a unit as a broadband ready community.
(b) A unit may apply for certification as a broadband ready community. The application must be in a form and manner prescribed by the office of community and rural affairs. The office of community and rural affairs shall approve an application and certify a unit as a broadband ready community if the office of community and rural affairs determines that the unit has:
(1) established a permit procedure that complies with section 7 of this chapter;
(2) established a broadband adoption procedure that complies with section 8 of this chapter; and
(3) complied with any other requirements of the office of community and rural affairs.
As added by P.L.18-2015, SEC.1. Amended by P.L.33-2017, SEC.1; P.L.59-2020, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.5. Broadband Ready Communities Development Center › 5-28-28.5-7. Procedure for Reviewing Applications and Issuing Permits for Projects

Sec. 7. (a) A unit that wishes to be certified as a broadband ready community must establish a procedure to review applications and issue permits for projects. The procedure must contain the following components:
(1) A single point of contact for all matters related to a project.
(2) A guarantee that all applications related to a project will be reviewed and either approved or rejected within ten (10) business days after an application is submitted.
(3) An assurance that all inspections, including necessary approvals, related to a project will occur in a timely and expeditious manner.
(4) An authorization for all forms, applications, and documentation related to a project to be filed and signed by electronic means.
(b) A procedure established under subsection (a) may not do the following:
(1) Require an applicant to designate a final contractor to complete a project.
(2) Impose a fee to review an application or issue a permit for a project.
(3) Impose a seasonal moratorium on the issuance of permits for a project.
(4) Discriminate among communications service providers or utilities with respect to any action described in this section or otherwise related to a project, including granting access to public rights-of-way, infrastructure and poles, river and bridge crossings, and any other physical assets owned or controlled by the unit.
As added by P.L.18-2015, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 28.5. Broadband Ready Communities Development Center › 5-28-28.5-8. Broadband Adoption; Procedure to Promote Broadband Adoption After Certification of Unit as Broadband Ready Community; Prohibitions

Sec. 8. (a) As used in this section, "broadband adoption" refers to an agreement by a customer to subscribe to broadband services that are:
(1) offered by a communications service provider; and
(2) available to the customer.
(b) A unit that wishes to be certified as a broadband ready community must establish a procedure to promote broadband adoption in the unit after the unit is certified as a broadband ready community. The procedure must include the following:
(1) A single point of contact in charge of broadband adoption in the unit.
(2) An assurance that each communications service provider that already provides broadband services in the unit will be notified that the unit is applying to be a broadband ready community.
(3) An assurance that the unit will work with communications service providers to promote broadband adoption in the unit.
(c) A procedure established under subsection (b) may not do the following:
(1) Discriminate among communications service providers with respect to promoting broadband adoption in the unit.
(2) Impose a fee on communications service providers to fund promotion of broadband adoption in the unit.
As added by P.L.33-2017, SEC.2. Amended by P.L.177-2018, SEC.6; P.L.189-2018, SEC.48.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-2. "Amount"; "Proceeds"

Sec. 2. As used in this chapter in connection with a loan, "amount" and "proceeds" refer only to the amount covered under an agreement, unless the context clearly requires otherwise.
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-3. "Borrower"

Sec. 3. As used in this chapter, "borrower" means the recipient of a loan that is, has been, or will be filed by the lender for enrollment under the program and meets the following requirements:
(1) The borrower is a corporation, limited liability company, partnership, joint venture, sole proprietorship, cooperative, or other entity, whether profit or nonprofit, that is authorized to conduct business in Indiana.
(2) The borrower is not an executive officer, a director, or a principal shareholder of the lender, a member of the immediate family of an executive officer, a director, or a principal shareholder of the lender, or an entity controlled by an executive officer, a director, a principal shareholder, or a member of the immediate family.
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-6. "Early Loan"

Sec. 6. As used in this chapter, "early loan" means an enrolled loan when at the time of its enrollment the total amount of previously enrolled loans made by the lender under the program was less than five million dollars ($5,000,000).
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-7. "Eligible Loan"

Sec. 7. As used in this chapter, "eligible loan" means a loan made by the lender to a borrower that meets the requirements of sections 17 and 18 of this chapter.
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-9. "Lender"

Sec. 9. As used in this chapter, "lender" means:
(1) a financial institution (as defined in IC 5-13-4-10); or
(2) beginning after June 30, 2018:
(A) a credit corporation (as defined in IC 23-6-4-1);
(B) an entity that:
(i) extends more than seventy-five percent (75%) of all eligible loans made in the previous twelve (12) month period to minority businesses (as defined in IC 5-28-20-4); and
(ii) is approved by the corporation as a lender in accordance with the policy guidelines adopted by the board of the corporation;
(C) a qualified "eligible intermediary" participating in the federal Small Business Administration Microloan Program pursuant to 15 U.S.C. 636(m), as amended from time to time, and that is approved by the corporation as a lender in accordance with the policy guidelines adopted by the board of the corporation; or
(D) a non-credit union community development financial institution that is approved by the corporation as a lender in accordance with the policy guidelines as adopted by the board;
that has entered into an agreement with the corporation to participate in the program.
As added by P.L.162-2007, SEC.24. Amended by P.L.146-2018, SEC.17; P.L.10-2019, SEC.34; P.L.197-2021, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-10. "Passive Real Estate Ownership"

Sec. 10. As used in this chapter, "passive real estate ownership" means ownership of real estate for the purpose of deriving income from speculation, trade, or rentals, except that the term does not include the following:
(1) Ownership of that part of real estate being used or intended to be used for the operation of the business of the owner of the real estate.
(2) Ownership of real estate for the purpose of construction or renovation until the completion of the construction or renovation phase.
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-12. "Reserve Fund"

Sec. 12. As used in this chapter, "reserve fund" means an account established by the corporation with funds accumulated under this chapter and to cover claims made by the lender under this chapter.
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-13. Establishment; Purpose

Sec. 13. The capital access program is established. The purpose of the program is to provide capital to businesses, particularly small and medium-sized businesses, to foster economic development in Indiana. Loans made under the program must be slightly riskier than conventional loans, but still offer a high degree of soundness in connection with the program.
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-14. Duties

Sec. 14. The corporation shall do the following:
(1) Administer the program.
(2) Market the program to businesses and other persons in Indiana in cooperation with financial institutions and statewide associations representing financial institutions.
(3) If the reserve funds are not maintained in an account with the lender, upon execution of an agreement between the lender and the corporation, the corporation shall establish a reserve fund account at the corporation for the lender for the purpose of receiving all required premium charges to be paid by the lender and the borrower and transfers made by the corporation under this chapter. If the reserve funds are maintained in an account with the lender, upon execution of an agreement between the lender and the corporation, the corporation shall establish a reserve fund account with the lender in the name of the corporation for the purpose of receiving all required premium charges to be paid by the lender and the borrower and transfers made by the corporation under this chapter.
(4) Develop the program, in cooperation with financial institutions and statewide associations representing financial institutions, so that the degree of flexibility for the corporation and the participating lenders is maximized, the state oversight of individual loans is minimized, and the fiscal integrity of the program is maintained.
(5) Enter into any contracts necessary to carry out the program.
(6) Take any action reasonably necessary to ensure compliance with the program.
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-15. Lender Eligibility

Sec. 15. A lender is eligible to participate in the program upon entering into an agreement with the corporation governing the duties of the corporation and the lender under the program. The lender shall provide the corporation with information regarding the lender's participation in the program that the corporation reasonably requires. Upon notice to the lender, the corporation may inspect the files of the lender relating to any loans enrolled under the program during normal business hours of the lender.
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-16. Corporation Has No Legal or Equitable Interest; Consent of Corporation Unnecessary to Amend Documents

Sec. 16. Except upon the exercise of the corporation's right of subrogation under section 32 of this chapter, the corporation has no legal or equitable interest in any collateral, security, or other right of recovery in connection with any loan enrolled in the program, and the corporation's consent is not necessary for any amendment to the lender's loan documents.
As added by P.L.162-2007, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 28. Indiana Economic Development Corporation › Chapter 29. Capital Access Program › 5-28-29-17. Eligible Loans

Sec. 17. (a) The following types of loans are eligible loans under the program:
(1) Loans for industrial or commercial purposes.
(2) Loans to refinance loans made for the purposes in subdivision (1).
(3) Loans for line of credit agreements established between the lender and borrower that are used for the purposes in subdivision (1).
(b) Eligible loans must meet the following criteria:
(1) The lender has not made the loan to enroll in the program prior debt that is not covered under the program and that is or was owed by the borrower to the lender.
(2) The proceeds of the loan will not be used for that part of a project or development devoted to housing.
(3) The proceeds of the loan will not be used to finance passive real estate ownership.
(4) The proceeds of the loan will be used to finance a project or enterprise that is located in Indiana and that will foster economic development in Indiana.
(c) An eligible loan may provide for an interest rate, fees, and other terms and conditions agreed to by the lender and borrower. If the loan amount to be borrowed is determined by a commitment agreement that establishes a line of credit, the amount of the loan is the maximum amount available to the borrower under the agreement.
(d) Notwithstanding any other provision of this chapter, a loan:
(1) originated by an entity:
(A) that is a qualified "eligible intermediary" participating in the federal Small Business Administration Microloan Program pursuant to 15 U.S.C. 636(m), as amended from time to time; and
(B) that is approved as a lender in accordance with the policy guidelines adopted by the board of the corporation; and
(2) with a principal loan amount that exceeds fifty thousand dollars ($50,000);
is not an eligible loan under the program.
As added by P.L.162-2007, SEC.24. Amended by P.L.146-2018, SEC.18; P.L.10-2019, SEC.35.