reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 2. Development Authority and Board › 36-7.5-2-9. Annual Financial Audit

Sec. 9. (a) The state board of accounts shall, pursuant to IC 5-11-1-7 and IC 5-11-1-24, allow the development authority to contract with a certified public accountant for an annual financial audit of the development authority. The certified public accountant may not have a significant financial interest in a project, facility, or service funded by or leased by or to the development authority. The certified public accountant selected by the development authority must be approved by the state examiner and is subject to the direction of the state examiner while performing an annual financial audit under this article.
(b) The certified public accountant shall present an audit report not later than four (4) months after the end of the development authority's fiscal year and shall make recommendations to improve the efficiency of development authority operations. The certified public accountant shall also perform a study and evaluation of internal accounting controls and shall express an opinion on the controls that were in effect during the audit period.
(c) The development authority shall pay the cost of the annual financial audit. In addition, the state board of accounts may at any time conduct an audit of any phase of the operations of the development authority. The development authority shall pay the cost of any audit by the state board of accounts.
As added by P.L.214-2005, SEC.73. Amended by P.L.257-2019, SEC.145.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 3. Development Authority Powers and Duties › 36-7.5-3-1. Duties

Sec. 1. The development authority shall do the following:
(1) Subject to sections 1.5 and 1.7 of this chapter, assist in the coordination of local efforts concerning projects.
(2) Assist a commuter transportation district, an airport authority, a regional transportation authority, and a regional bus authority in coordinating regional transportation and economic development efforts.
(3) Subject to sections 1.5 and 1.7 of this chapter, fund projects as provided in this article.
(4) Fund bus services (including fixed route services and flexible or demand-responsive services) and projects related to bus services and bus terminals, stations, or facilities.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.59; P.L.197-2011, SEC.151; P.L.192-2015, SEC.11; P.L.189-2018, SEC.168; P.L.114-2022, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 3. Development Authority Powers and Duties › 36-7.5-3-1.5. Expenditure of Money to Fund Economic Development Projects; Requirements; Submission of Funding Proposals to Budget Committee; Exceptions

Sec. 1.5. (a) Except as provided in section 1.7 of this chapter, this section applies to revenue received by the authority to the extent that the revenue has not been pledged or otherwise obligated to pay bonds or leases entered into before July 1, 2015, for a project other than a rail project.
(b) The authority may expend money received under this article to fund economic development projects only to the extent that:
(1) the development board finds that the economic development project is a destination based economic development project evaluated under IC 36-7.5-2-1(4) or is consistent with:
(A) a duty imposed upon the development authority under section 1(2) or 1(4) of this chapter; or
(B) the Marquette Plan; and
(2) funding the project is reviewed by the budget committee under subsection (c).
(c) The development board shall submit to the budget committee for review and comment any proposal to fund an economic development project (including any destination based economic development project) under this article. The budget committee shall review any proposal received under this subsection and may request that the authority appear at a public meeting of the budget committee concerning the funding proposal. This subsection does not apply to a rail project financed under IC 5-1.3.
As added by P.L.192-2015, SEC.12. Amended by P.L.204-2016, SEC.38; P.L.189-2018, SEC.169.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 3. Development Authority Powers and Duties › 36-7.5-3-1.7. Development Authority Expenditure of Money for Rail Project

Sec. 1.7. (a) This section applies to a rail project.
(b) Notwithstanding section 1.5 of this chapter, and except for revenue received by the development authority and pledged or otherwise obligated to pay bonds or leases entered into before July 1, 2015, for a project other than a rail project, the development authority may expend money received under this article to fund a rail project.
As added by P.L.189-2018, SEC.170.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 3. Development Authority Powers and Duties › 36-7.5-3-3. Reports

Sec. 3. The development authority shall before November 1 of each year issue a report to the legislative council, the budget committee, and the governor concerning the operations and activities of the development authority during the preceding state fiscal year. The report to the legislative council must be in an electronic format under IC 5-14-6.
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 3. Development Authority Powers and Duties › 36-7.5-3-4. Development Plan

Sec. 4. (a) The development authority shall prepare a comprehensive strategic development plan that includes detailed information concerning the following:
(1) The proposed projects to be undertaken or financed by the development authority.
(2) The following information for each project included under subdivision (1):
(A) Timeline and budget.
(B) The return on investment.
(C) The projected or expected need for an ongoing subsidy.
(D) Any projected or expected federal matching funds.
(b) The development authority shall before January 1, 2008, submit the comprehensive strategic development plan for review by the budget committee and approval by the director of the office of management and budget.
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 3. Development Authority Powers and Duties › 36-7.5-3-5.4. Northwest Indiana Plan; Goals for Employment and Retention of Employees for Work on Development Projects; Reporting Requirements

Sec. 5.4. (a) For purposes of this section, "northwest Indiana plan" refers to the activities of the Indiana plan for equal employment in its northwest Indiana region.
(b) Subject to subsection (c), the development authority shall set a goal to achieve employment and retention of employees from certain northwest Indiana cities for work on development authority projects. The goal must be to attain, by not later than January 1, 2020, a workforce for each project that consists of at least twenty percent (20%) of employees who are individuals who reside in cities that:
(1) are within the boundaries of the development authority; and
(2) have an unemployment rate that exceeds the state unemployment rate by more than twenty percent (20%).
(c) The goal set forth in subsection (b) applies:
(1) to development authority investments of state and local funds on capital projects that require construction or demolition; and
(2) unless attainment of the goal is inconsistent with any federal or state law or regulation.
(d) The development authority shall before November 1 of each year issue a report to the legislative council, the budget committee, and the governor concerning the operations and activities of the development authority during the preceding state fiscal year as indicated in section 3 of this chapter. In addition, the development authority shall report on progress toward meeting the goal set forth in subsection (b) for the previous year and report any obstacles to achieving the goal set forth in subsection (b) and the use of the northwest Indiana plan in the report to the legislative council. The report to the legislative council must be in an electronic format under IC 5-14-6.
As added by P.L.192-2015, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 3. Development Authority Powers and Duties › 36-7.5-3-6. Northwest Indiana Regional Development Authority Commuter Rail Construction Fund; Establishment; Uses

Sec. 6. (a) As used in this section, "fund" refers to the northwest Indiana regional development authority commuter rail construction fund established by subsection (b).
(b) The northwest Indiana regional development authority commuter rail construction fund is established within the treasury of the development authority as a restricted fund for the purpose of holding money to be used to provide matching grants for projects that:
(1) are related to the extension of the Chicago, South Shore, and South Bend Railway; and
(2) are approved by the development authority under this section.
(c) The fund consists of the following:
(1) Appropriations by the general assembly.
(2) Contributions received by the development authority under IC 36-7.5-4-1 and IC 36-7.5-4-2.
(3) Contributions of the local income tax revenue received by the fund in accordance with section 5 of this chapter.
(4) Federal grants.
(5) Gifts.
(d) The development authority shall administer the fund.
(e) Money in the fund that is not needed to satisfy the obligations of the fund may be invested in the manner that other public money may be invested. Interest or other investment returns received on investments of money in the fund becomes part of the fund.
(f) Money in the fund may be disbursed from the fund only for the following purposes:
(1) To pay debt service on bonds issued to fund construction projects extending the Chicago, South Shore, and South Bend Railway.
(2) To provide matching grants in accordance with the requirements of this section.
(3) To pay the expenses of the development authority in administering the fund.
(4) To return money to the entity that contributed the money to correct an error in the contribution amount or because the money is no longer needed for the purpose for which the money was contributed.
As added by P.L.213-2015, SEC.266. Amended by P.L.197-2016, SEC.141.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-2.5. Use of Revenue to Support Rail Projects and Double Tracking Project; Payments of Revenue to Development Authority Before Certified Distributions Are Made

Sec. 2.5. (a) This section applies to a unit that has previously:
(1) entered into an interlocal cooperation or other similar agreement;
(2) adopted an ordinance or resolution; or
(3) taken any other action offering to support and finance:
(A) a rail project or rail projects under this chapter; or
(B) the double tracking project under IC 36-7.5-4.5.
(b) The unit may use any legally available revenue to support and finance the projects described in subsection (a)(3), including additional revenue allocated each year for economic development under IC 6-3.6-6-9.
(c) Additional revenue allocated for economic development to support and finance the projects under this section shall be paid by the treasurer of state to the treasurer of the northwest Indiana regional development authority under section 2 of this chapter before certified distributions are made to the county or any civil taxing unit in the county or counties in which the unit is located.
(d) A transfer made on behalf of a unit under subsection (c) after December 31, 2018, is considered to be a payment for services provided to residents by a rail project as those services are rendered.
(e) A pledge by the development authority of transferred revenue under this section to the payment of bonds, leases, or obligations under this article or IC 5-1.3:
(1) constitutes the obligations of the northwest Indiana regional development authority; and
(2) does not constitute an indebtedness of:
(A) a unit described in this section; or
(B) the state;
within the meaning or application of any constitutional or statutory provision or limitation.
(f) Neither the transfer of revenue nor the pledge of revenue transferred under this section is an impairment of contract within the meaning or application of any constitutional provision or limitation because of the following:
(1) The statutes governing local income taxes, including the transferred revenue, have been the subject of legislation annually since 1973, and during that time the statutes have been revised, amended, expanded, limited, and recodified dozens of times.
(2) Owners of bonds, leases, or other obligations to which local income tax revenues have been pledged recognize that the regulation of local income taxes has been extensive and consistent.
(3) All bonds, leases, or other obligations, due to their essential contractual nature, are subject to relevant state and federal law that is enacted after the date of a contract.
(4) The state of Indiana has a legitimate interest in assisting the northwest Indiana regional development authority in financing rail projects.
(g) All proceedings had and actions described in this section are valid pledges under IC 5-1-14-4 as of the date of those proceedings or actions and are hereby legalized and declared valid if taken before March 15, 2018.
As added by P.L.189-2018, SEC.173.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-3. Bond Issues

Sec. 3. (a) The development authority may issue bonds for the purpose of obtaining money to pay the cost of:
(1) acquiring real or personal property, including existing capital improvements;
(2) acquiring, constructing, improving, reconstructing, or renovating one (1) or more projects; or
(3) funding or refunding bonds issued under this chapter or IC 8-5-15, IC 8-22-3, or IC 36-9-3 or prior law.
(b) The bonds are payable solely from:
(1) the lease rentals from the lease of the projects for which the bonds were issued, insurance proceeds, and any other funds pledged or available; and
(2) except as otherwise provided by law, revenue received by the development authority and amounts deposited in the development authority revenue fund.
(c) The bonds shall be authorized by a resolution of the development board.
(d) The terms and form of the bonds shall either be set out in the resolution or in a form of trust indenture approved by the resolution.
(e) The bonds shall mature within forty (40) years.
(f) The board shall sell the bonds only to the Indiana finance authority established by IC 5-1.2-3 upon the terms determined by the development board and the Indiana finance authority.
(g) All money received from any bonds issued under this chapter shall be applied solely to the payment of the cost of acquiring, constructing, improving, reconstructing, or renovating one (1) or more projects, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:
(1) planning and development of equipment or a facility and all buildings, facilities, structures, equipment, and improvements related to the facility;
(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 project suitable for use and operations;
(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;
(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.
As added by P.L.214-2005, SEC.73. Amended by P.L.1-2006, SEC.573; P.L.252-2015, SEC.49; P.L.189-2018, SEC.174.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-4. Bonding; Complete Authority

Sec. 4. This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the development board or any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to issue any bonds, except as prescribed in this article.
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 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-5. Bonding; Security; Trust Indenture

Sec. 5. (a) The development authority may secure bonds issued under this chapter by a trust indenture between the development authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.
(b) The trust indenture may:
(1) pledge or assign revenue received by the development authority, amounts deposited in the development authority revenue fund, and lease rentals, receipts, and income from leased projects, but may not mortgage land or projects;
(2) contain reasonable and proper provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the development authority and development board;
(3) set forth the rights and remedies of bondholders and trustees; and
(4) restrict the individual right of action of bondholders.
(c) Any pledge or assignment made by the development authority under this section is valid and binding in accordance with IC 5-1-14-4 from the time that the pledge or assignment is made, against all persons whether they have notice of the lien or not. Any trust indenture by which a pledge is created or an assignment made need not be filed or recorded. The lien is perfected against third parties in accordance with IC 5-1-14-4.
As added by P.L.214-2005, SEC.73. Amended by P.L.189-2018, SEC.175.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-6. Bond Refunding; Leases

Sec. 6. (a) Bonds issued under IC 8-5-15, IC 8-22-3, or IC 36-9-3 or prior law may be refunded as provided in this section.
(b) An eligible political subdivision may:
(1) lease all or a portion of land or a project or projects to the development authority, which may be at a nominal lease rental with a lease back to the eligible political subdivision, conditioned upon the development authority assuming bonds issued under IC 8-5-15, IC 8-22-3, or IC 36-9-3 or prior law and issuing its bonds to refund those bonds; and
(2) sell all or a portion of land or a project or projects to the development authority for a price sufficient to provide for the refunding of those bonds and lease back the land or project or projects from the development authority.
As added by P.L.214-2005, SEC.73. Amended by P.L.114-2022, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-7. Leases; Findings

Sec. 7. (a) Before a lease may be entered into by an eligible political subdivision under this chapter, the eligible political subdivision must find that the lease rental provided for is fair and reasonable.
(b) A lease of land or a project from the development authority to an eligible political subdivision:
(1) may not have a term exceeding forty (40) years;
(2) may not require payment of lease rentals for a newly constructed project or for improvements to an existing project until the project or improvements to the project have been completed and are ready for occupancy or use;
(3) may contain provisions:
(A) allowing the eligible political subdivision to continue to operate an existing project until completion of the acquisition, improvements, reconstruction, or renovation of that project or any other project; and
(B) requiring payment of lease rentals for land, for an existing project being used, reconstructed, or renovated, or for any other existing project;
(4) may contain an option to renew the lease for the same or shorter term on the conditions provided in the lease;
(5) must contain an option for the eligible political subdivision to purchase the project upon the terms stated in the lease during the term of the lease for a price equal to the amount required to pay all indebtedness incurred on account of the project, including indebtedness incurred for the refunding of that indebtedness;
(6) may be entered into before acquisition or construction of a project;
(7) may provide that the eligible political subdivision shall agree to:
(A) pay any taxes and assessments on the project;
(B) maintain insurance on the project for the benefit of the development authority;
(C) assume responsibility for utilities, repairs, alterations, and any costs of operation; and
(D) pay a deposit or series of deposits to the development authority from any funds legally available to the eligible political subdivision before the commencement of the lease to secure the performance of the eligible political subdivision's obligations under the lease; and
(8) shall provide that the lease rental payments by the eligible political subdivision shall be made from the development authority revenue fund established by section 1 of this chapter and may provide that the lease rental payments by the eligible political subdivision shall be made from:
(A) net revenues of the project;
(B) any other funds available to the eligible political subdivision; or
(C) both sources described in clauses (A) and (B).
As added by P.L.214-2005, SEC.73. Amended by P.L.189-2018, SEC.176.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-8. Leases; Complete Authority

Sec. 8. This chapter contains full and complete authority for leases between the development authority and an eligible political subdivision. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the development authority or the eligible political subdivision or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any lease, except as prescribed in this article.
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 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-9. Plans; Approval

Sec. 9. If the lease provides for a project or improvements to a project to be constructed by the development authority, the plans and specifications shall be submitted to and approved by all agencies designated by law to pass on plans and specifications for public buildings.
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 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-10. Agreements; Common Wall; Easements; Licenses

Sec. 10. The development authority and an eligible political subdivision may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county in which the project is located.
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 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-11. Leases or Sale of Projects or Land to Authority

Sec. 11. (a) An eligible political subdivision may lease for a nominal lease rental, or sell to the development authority, one (1) or more projects or portions of a project or land upon which a project is located or is to be constructed.
(b) Any lease of all or a portion of a project by an eligible political subdivision to the development authority must be for a term equal to the term of the lease of that project back to the eligible political subdivision.
(c) An eligible political subdivision may sell property to the development authority for the amount the eligible political subdivision determines to be in the best interest of the eligible political subdivision. The development authority may pay that amount from the proceeds of bonds of the development authority.
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 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-12. Option to Purchase Property

Sec. 12. If an eligible political subdivision exercises its option to purchase leased property, the eligible political subdivision may issue its bonds as authorized by statute.
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 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-13. Tax Exemption

Sec. 13. (a) All:
(1) property owned by the development authority;
(2) revenues of the development authority; and
(3) bonds issued by the development authority, the interest on the bonds, the proceeds received by a holder from the sale of bonds to the extent of the holder's cost of acquisition, proceeds received upon redemption before maturity, proceeds received at maturity, and the receipt of interest in proceeds;
are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.
(b) All securities issued under this chapter are exempt from the registration requirements of IC 23-19 and other securities registration statutes.
As added by P.L.214-2005, SEC.73. Amended by P.L.27-2007, SEC.35; P.L.79-2017, SEC.84.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-14. Bonds; Legal Investments

Sec. 14. Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associates, credit unions, savings banks, private banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under Indiana law.
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 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-15. Bonds; Contesting Validity

Sec. 15. An action to contest the validity of bonds to be issued under this chapter may not be brought after the time limitations set forth in IC 5-1-14-13.
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 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-16. Transfers; Failure to Make; Duty of State Treasurer or Fiscal Officer; Deduct and Transfer Payment

Note: This version of section amended by P.L.229-2017, SEC.40. See also following version of this section amended by P.L.248-2017, SEC.8.
Sec. 16. (a) This section applies if a political subdivision or city or county described in IC 36-7.5-2-3 fails to make a transfer or a part of a transfer required by section 2 of this chapter or fails to pay or transfer any amounts a political subdivision or a city or county described in IC 36-7.5-2-3 has agreed to pay or transfer to the development authority pursuant to the terms of any bond, note, debenture, warrant, contractual agreement, or any other promise or agreement.
(b) The development authority shall notify the treasurer of state or the fiscal officer of a city or county described in IC 36-7.5-2-3 when a city, county, or political subdivision has failed to pay or transfer all or part of a payment or transfer due under this section. Upon receiving notice from the development authority, the treasurer of state or fiscal officer shall:
(1) Deduct from amounts otherwise payable to the city or county under IC 4-33-13 or other political subdivision:
(A) an amount equal to the amount of the transfer or part of the transfer under section 2 of this chapter that the city, county, or subdivision failed to make; and
(B) an amount equal to any other amounts due to the development authority that the city, county, or political subdivision failed to make.
(2) Pay the amount deducted under subdivision (1) to the development authority.
(3) Notify the city, county, or political subdivision that the amount that would otherwise be available for distribution to the city, county, or political subdivision has been reduced by an amount necessary to satisfy all or part of the transfers required under section 2 of this chapter or any other amounts due to the development authority.
(c) A deduction under subsection (b) must be made as follows:
(1) First, from amounts otherwise payable to the city, county, or other political subdivision under IC 4-33-13.
(2) Second, from local income tax distributions under IC 6-3.6-9 that would otherwise be distributed to the city, county, or other political subdivision under the schedules in IC 6-3.6-9-12 and IC 6-3.6-9-16.
(3) Third, from any other revenues or money otherwise available for distribution from the city, county, or other political subdivision.
As added by P.L.214-2005, SEC.73. Amended by P.L.192-2015, SEC.15; P.L.229-2017, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-16.5. Failure of Certain Cities or Counties to Make a Transfer; Duties of State Treasurer; Deduction of Amounts Payable to City or County; Payment to Development Authority

Sec. 16.5. (a) This section applies if the development board does the following:
(1) Finds that a city or county described in IC 36-7.5-2-3 has, at any time before July 1, 2015, failed to make a transfer or a part of a transfer required by section 2 of this chapter.
(2) Finds that the obligation of the city or county to pay the unpaid amount of the transfer or transfers has not been satisfied under section 16 of this chapter or by any other means.
(3) Certifies to the treasurer of state the total amount of the arrearage attributable to the failure of the city or county to make a transfer or a part of a transfer required by section 2 of this chapter.
(b) The treasurer of state shall do the following:
(1) Deduct from amounts otherwise payable to the city under IC 4-33-13-5(a) or to the county under IC 4-33-12-6 an amount equal to:
(A) the total amount certified under subsection (a)(3); plus
(B) interest calculated in the same manner that interest on delinquent taxes is calculated under IC 6-8.1-10-1.
(2) Pay the amount deducted under subdivision (1) to the development authority.
As added by P.L.192-2015, SEC.16. Amended by P.L.149-2016, SEC.99.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-17. Covenant With Holders

Sec. 17. (a) If there are bonds outstanding that have been issued under this article and are not secured by a lease, or if there are leases in effect under this article, the general assembly also covenants that it will not reduce the amount required to be transferred from the counties and cities to the development authority under section 2 of this chapter below an amount that would produce one and twenty-five hundredths (1.25) multiplied by the total of the highest annual debt service on the bonds to their final maturity plus the highest annual lease payments on the leases to their final termination date.
(b) The general assembly also covenants that it will not:
(1) repeal or amend this article in a manner that would adversely affect owners of outstanding bonds, or the payment of lease rentals, secured by the amounts pledged under this chapter; or
(2) in any way impair the rights of owners of bonds of the development authority, or the owners of bonds secured by lease rentals, secured by a pledge of revenues under this chapter;
except as otherwise set forth in subsection (a).
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 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-18. Exclusive Approval; Development Authority; Financing a Rail Project

Sec. 18. Subject to IC 5-1.3, the development authority is the exclusive fiscal officer for and has final approval for financing a transportation project involving a rail project under this article.
As added by P.L.248-2017, SEC.9. Amended by P.L.189-2018, SEC.177.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-19. Obligations Legalized and Validated

Sec. 19. (a) All bonds, notes, evidences of indebtedness, leases, or other written obligations issued or executed by or in the name of the development authority under this chapter before April 30, 2019, are hereby legalized and declared valid.
(b) Any pledge, dedication or designation of revenues securing the bonds, notes, evidences of indebtedness, leases, or other written obligations issued or executed by or in the name of the development authority under this chapter before April 30, 2019, are hereby legalized and declared valid.
(c) The:
(1) financing plan for the West Lake project (as described in IC 36-7.5-1-13.5) submitted to the United States Department of Transportation and the Federal Transit Administration; and
(2) governance agreement between the development authority, the Indiana finance authority, and a commuter transportation district are hereby legalized and declared valid.
(d) Any resolutions adopted, proceedings had, and actions taken under this chapter by the development authority before April 30, 2019, under which the bonds, notes, evidences of indebtedness, leases, or other written obligations were or will be issued or under which the pledge or dedication or designation of revenues was or will be granted, are hereby legalized and declared valid.
As added by P.L.259-2019, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-20. Transfer of Money

Sec. 20. (a) Before July 1, 2019, the Lake County auditor shall transfer to the secretary-treasurer of the development authority all amounts held in the commuter rail extension and improvement fund established by an ordinance adopted by the fiscal body of Lake County on June 9, 2015.
(b) On or before December 31, 2019, the Lake County auditor shall transfer to the secretary-treasurer of the development authority all amounts received after June 30, 2019, and deposited in the commuter rail extension and improvement fund described in subsection (a).
As added by P.L.259-2019, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-21. West Lake Corridor Project; Failure to Enter Into a Full Funding Grant Agreement

Sec. 21. (a) If a full funding grant agreement is not entered into between the commuter transportation district and the federal government for the West Lake corridor project, all amounts received by the secretary-treasurer of the development authority under IC 6-3.6-11-5.5, including any interest earned on those amounts, shall be distributed by the secretary-treasurer of the development authority to each civil taxing unit in proportion to the amounts withheld and paid on behalf of the civil taxing unit under IC 6-3.6-11-5.5.
(b) When a full funding grant agreement is entered into between the commuter transportation district and the federal government for a rail project, the development authority shall adopt a resolution taking notice of the executed full funding grant agreement, and the provisions of subsection (a) will not apply with respect to that rail project.
As added by P.L.259-2019, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4. Financing; Issuance of Bonds; Leases › 36-7.5-4-22. Lake County; Commuter Rail Extensions and Improvements; Failure to File Proper Application for Federal Funding

Sec. 22. (a) Subject to subsection (b), if, before December 31, 2020, the proper applications for federal funding necessary and desired to complete commuter rail extensions and improvements described in an interlocal agreement entered into by Lake County units to support the extension and improvement of rail services have not been filed, after satisfaction of all obligations and liabilities that have been incurred, all resources on deposit to the credit of an account established by section 1(d) of this chapter must be distributed to each participating unit, entity, and nonentity donor based on the ratio of the contributions of each participating unit, entity, and nonentity donor to the total amount on deposit to the credit of the account.
(b) If the purposes of an interlocal agreement entered into by Lake County units to support the extension and improvement of rail services are achieved or abandoned, after allowing for any encumbrances and other lawful payables, any remaining balance in an account established by section 1(d) of this chapter that is unobligated, unassigned, and unreserved must be distributed to each participating unit, entity, and nonentity donor based on the ratio of the contributions of each participating unit, entity, and nonentity donor to the total amount on deposit to the credit of the account. After making the distributions, the fund must be defeased.
As added by P.L.259-2019, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-0.5. "Associate Member"

Sec. 0.5. As used in this chapter, "associate member" refers to a county or municipality that adopted an ordinance or resolution under section 16 of this chapter specifying that the county or municipality has chosen to become an associate member.
As added by P.L.189-2018, SEC.178.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-1. "Base Assessed Value"

Sec. 1. As used in this chapter, "base assessed value" means:
(1) the net assessed value of all the taxable property located in a transit development district as finally determined for the assessment date immediately preceding the effective date of the resolution adopted under this chapter establishing the particular district; plus
(2) to the extent it is not included in subdivision (1), the net assessed value of property that is assessed as residential property under the rules of the department of local government finance, as finally determined for any assessment date after the effective date of the resolution.
As added by P.L.248-2017, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-2. "Budget Agency"

Sec. 2. As used in this chapter, "budget agency" means the budget agency established by IC 4-12-1-3.
As added by P.L.248-2017, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-2.5. "Cash Participant"

Sec. 2.5. As used in this chapter, "cash participant" refers to a county or municipality that has adopted an ordinance or resolution under section 16 of this chapter specifying that the county or municipality has chosen to become a cash participant.
As added by P.L.189-2018, SEC.179.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-3. "Corridor"

Sec. 3. As used in this chapter, "corridor" means the geographic area established as a rail transit development corridor by this chapter.
As added by P.L.248-2017, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-7. "Gross Retail Tax Base Period Amount"

Sec. 7. As used in this chapter, "gross retail tax base period amount" means the aggregate amount of state gross retail taxes remitted under IC 6-2.5 by retail merchants for the calendar year in which the district was established under this chapter as determined by the department.
As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.189.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-8. "Gross Retail Tax Increment Revenue"

Sec. 8. As used in this chapter, "gross retail tax increment revenue" means the remainder of:
(1) the aggregate amount of state gross retail taxes that are remitted under IC 6-2.5 by retail merchants during a calendar year with respect to the retail merchants' operations in the district; minus
(2) the gross retail tax base period amount.
As added by P.L.248-2017, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-9. "Local Income Tax Base Period Amount"

Sec. 9. (a) As used in this chapter, "local income tax base period amount" means the total amount of local income tax (IC 6-3.6) paid by:
(1) employees employed within a district with respect to wages and salary earned for work in the district; and
(2) residents living within the district;
for the calendar year in which the district was established under this chapter as determined by the department.
(b) If an individual is a resident of one (1) district and is employed within another district during a calendar year, the local income tax for the individual shall be attributed to the district in which the individual resides.
As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.190.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-10. "Local Income Tax Increment Revenue"

Sec. 10. (a) As used in this chapter, "local income tax increment revenue" means the remainder of:
(1) the total amount of local income tax (IC 6-3.6) paid by:
(A) employees employed in the district with respect to wages and salary earned for work in the territory comprising the district for a particular calendar year; and
(B) residents living within the district; minus
(2) the local income tax base period amount;
as determined by the department.
(b) If an individual is a resident of one (1) district and is employed within another district during a calendar year, the local income tax for the individual shall be attributed to the district in which the individual resides.
As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.191.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-11. "Property Tax Increment Revenue"

Sec. 11. As used in this chapter, "property tax increment revenue" means the property taxes attributable to the assessed value of property located in a district in excess of the base assessed value.
As added by P.L.248-2017, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-12. "Rail Project"

Sec. 12. As used in this chapter, "rail project" refers to the following:
(1) The mainline double tracking project.
(2) The West Lake corridor project.
As added by P.L.248-2017, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-13. "State Income Tax Base Period Amount"

Sec. 13. (a) As used in this chapter, "state income tax base period amount" means the aggregate amount of state adjusted gross income taxes paid or remitted by or on behalf of:
(1) employees employed within a district with respect to wages and salary earned for work in the district; and
(2) residents living within the district;
for the calendar year in which the district was established under this chapter, as determined by the department.
(b) If an individual is a resident of one (1) district and is employed within another district during a calendar year, the state income tax for the individual shall be attributed to the district in which the individual resides.
As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.192.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-14. "State Income Tax Increment Revenue"

Sec. 14. (a) As used in this chapter, "state income tax increment revenue" means the remainder of:
(1) the aggregate amount of state adjusted gross income taxes paid or remitted for a calendar year with respect to:
(A) wages and salary earned for work in the territory comprising a district; and
(B) income earned by residents living within the district; minus
(2) the state income tax base period amount.
(b) If an individual is a resident of one (1) district and is employed within another district during a calendar year, the state income tax for the individual shall be attributed to the district in which the individual resides.
As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.193.
2023 Indiana Code › Title 36. Local Government › Article 7.5. Northwest Indiana Regional Development Authority › Chapter 4.5. Rail Transit Development Districts › 36-7.5-4.5-15. "Rail Transit Development Corridor"; Establishment; Geographic Area

Sec. 15. There is created a rail transit development corridor that consists of the geographic area that is within five-tenths (0.5) of a mile of the following rail lines that are a part of the Northern Indiana Commuter or South Bend Railway:
(1) The Chicago to South Bend line.
(2) The Hammond to Dyer line, which includes the West Lake corridor project once the preferred alignment has been determined.
The development authority shall transmit to the department a map of the corridor.
As added by P.L.248-2017, SEC.10.