Indiana § 16-22-8-59 - Duties of the controller and county treasurer if the corporation is designated as a distressed political subdivision; bond bank

§ 16-22-8-59. Duties of the controller and county treasurer if the corporation is designated as a distressed political subdivision; bond bank

Sec. 59. (a) If the corporation is designated as a "distressed political subdivision" by the distressed unit appeal board pursuant to IC 6-1.1-20.3-6.5, upon receipt of the notice of the designation from the distressed unit appeal board, the controller and the county treasurer of the county in which the corporation is established shall take any and all actions necessary to immediately and automatically distribute to the bond bank, after any reductions required by section 58 of this chapter, any revenues, other money, or property that are pledged to pay the principal of or interest on the obligations of the corporation held or owned by or arising from an agreement with the bond bank, which are held, possessed, maintained, controlled, or otherwise in the custody of the county in which the corporation is established, or any department, agency, or instrumentality of the county, which would otherwise be available for distribution to the corporation under any other law.

(b) Upon receipt of the revenues, other money, or property, the bond bank shall retain the amount necessary to pay the debt service on all of its bonds for the one (1) year period following the date of the receipt of the revenues, other money, or property, for which bonds the corporation is directly or indirectly obligated to pay, pursuant to the corporation's bonds or leases entered into with the building authority. The bond bank shall deposit the amount retained with the trustee or trustees for the bonds and then distribute the remainder to the corporation. The amounts required to be deposited with the trustee or trustees shall be reduced by any other money held by the trustee or trustees and available for the debt service, except any reserves required to be held by the trustee or trustees, but shall be increased by any amount necessary to restore any reserves to their required levels. The revenues, other money, or property of the corporation that are required to be deposited with the trustee or trustees pursuant to this subsection shall continue in full force and effect until the time the distressed unit appeal board terminates the corporation's status as a distressed political subdivision pursuant to IC 6-1.1-20.3-13.

(c) Notwithstanding any other law, the corporation has no legal or equitable right to any revenues, other money, or property that are pledged to pay the principal of or interest on the obligations of the corporation held or owned by or arising from an agreement with the bond bank, which are held, possessed, maintained, controlled or otherwise in the custody of:

(1) any other political subdivision of the state; or

(2) any department, agency, or instrumentality of a political subdivision of the state;

that would otherwise be available for distribution to the corporation, unless and until the revenues, other money, or property have been or are required to be distributed to and received by the corporation.

As added by P.L.189-2018, SEC.149. Amended by P.L.10-2019, SEC.70.

IC 16-22-9Chapter 9. Power of Condemnation for Nonprofit General Hospitals in Certain Counties

16-22-9-1Application of chapter 16-22-9-2General hospital defined 16-22-9-3General hospital services defined 16-22-9-4General hospital as public use 16-22-9-5Conditions for exercise of eminent domain 16-22-9-6Use and purposes of condemnation; reversion upon failure to commence hospital construction 16-22-9-7Commencement of construction; filing of affidavit 16-22-9-8Terms and conditions of acquisition 16-22-9-9Payment of costs, attorney's fees, and damages to real estate owner 16-22-9-10Abandonment of proceedings 16-22-9-11Transfer of acquired property 16-22-9-12Operation of benefited hospitals; discrimination; rates and charges; use by nonresidents 16-22-9-13Physician use of facilities