Indiana § 36-1-29-16 - Application for seawall or revetment permit other than emergency permit; time frame for approval or denial by local authority

§ 36-1-29-16. Application for seawall or revetment permit other than emergency permit; time frame for approval or denial by local authority

Sec. 16. (a) This section applies to an application for a seawall or revetment permit that is not an emergency permit.

(b) Not later than thirty (30) business days after a person submits a completed application and meets all required conditions for a seawall or revetment permit, a local authority shall:

(1) approve; or

(2) deny;

the person's application for the permit.

(c) If a local authority does not approve or deny the seawall or revetment permit within thirty (30) business days, the permit is automatically approved and considered issued to the person.

As added by P.L.164-2020, SEC.64. Amended by P.L.191-2023, SEC.16; P.L.202-2025, SEC.9.

IC 36-1-29.5Chapter 29.5. Workforce Retention and Recruitment Program and Fund

36-1-29.5-1"Fund" 36-1-29.5-2"Incentive agreement" 36-1-29.5-3"Program" 36-1-29.5-4"Qualified nonprofit organization" 36-1-29.5-5"Qualified worker" 36-1-29.5-6"Unit" 36-1-29.5-7"Workforce fund managers" 36-1-29.5-8Establishment of a workforce retention and recruitment program; incentive agreement 36-1-29.5-9Workforce retention and recruitment fund; administration 36-1-29.5-10Workforce fund board of managers; members; establishment of qualified nonprofit organization 36-1-29.5-11Qualifications for a grant or loan 36-1-29.5-12Transfers and deposits into fund 36-1-29.5-13Agreement to administer fund 36-1-29.5-14Annual report

IC 36-1-29.5-1"Fund" Sec. 1. As used in this chapter, "fund" means a workforce retention and recruitment fund established by the fiscal officer of a unit under section 9 of this chapter.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-2"Incentive agreement" Sec. 2. As used in this chapter, "incentive agreement" means an agreement described in section 8(b) of this chapter.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-3"Program" Sec. 3. As used in this chapter, "program" means a workforce retention and recruitment program established by the executive of a unit under section 8(a) of this chapter.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-4"Qualified nonprofit organization" Sec. 4. As used in this chapter, "qualified nonprofit organization" means a private, nonprofit entity formed as a partnership between one (1) or more units, private sector businesses, or community or philanthropic organizations to develop and implement a workforce retention and recruitment strategy that has an organizational structure that conforms with the requirements of a policy developed by the workforce fund managers under section 10 of this chapter.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-5"Qualified worker" Sec. 5. As used in this chapter, "qualified worker" means an individual described in section 11 of this chapter.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-6"Unit" Sec. 6. As used in this chapter, "unit" means a county, city, or town.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-7"Workforce fund managers" Sec. 7. As used in this chapter, "workforce fund managers" means a workforce fund board of managers established by the executive of a unit under section 10 of this chapter.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-8Establishment of a workforce retention and recruitment program; incentive agreement Sec. 8. (a) The executive of a unit may by resolution or executive order establish a workforce retention and recruitment program for the purposes of recruiting and retaining individuals who will satisfy the current and future workforce needs of the unit's employers or provide substantial economic impact to the unit, including providing incentives in the form of grants or loans to qualified workers.

(b) A program must require each qualified worker who receives a grant or loan from the fund to enter into an incentive agreement with the workforce fund managers. An incentive agreement must include the following terms:

(1) The duration of time each qualified worker agrees to reside within the unit following the date specified in the agreement.

(2) A penalty clause if a qualified worker fails to fulfill the terms of the agreement.

However, the workforce fund managers may waive a penalty under subdivision (2) regarding any part of a grant or loan that the qualified worker may have received and that is due under the incentive agreement.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-9Workforce retention and recruitment fund; administration Sec. 9. (a) If the executive of a unit establishes a program under section 8 of this chapter, the fiscal officer of the unit shall establish a workforce retention and recruitment fund for the purposes of the program.

(b) The fund shall consist of the following:

(1) Any private grants or contributions.

(2) Appropriations to the fund included in the unit's budget.

(3) Transfers of money to the fund under section 12 of this chapter.

(4) Any repayments to the fund under section 8(b) of this chapter.

(c) The executive of the unit shall administer the fund in coordination with a workforce fund board of managers established under section 10 of this chapter, including any qualified nonprofit organization established by the workforce fund managers under that section.

(d) Any money remaining in a fund at the end of the calendar year does not revert to the unit's general fund.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-10Workforce fund board of managers; members; establishment of qualified nonprofit organization Sec. 10. (a) The executive of a unit that establishes a program under section 8 of this chapter shall appoint a five (5) member workforce fund board of managers. The duties of the workforce fund managers shall include:

(1) adopting rules and bylaws they consider necessary for the proper conduct of their proceedings, the carrying out of other duties, and the safeguarding of the money or property placed in their custody;

(2) by resolution or in accordance with their rules and bylaws, prescribing the date and manner of notice of their regular meetings;

(3) identifying the most appropriate and fiscally responsible incentives that will attract or retain individuals or families who will satisfy the current and future workforce needs of the unit's employers or provide substantial economic impact to the unit;

(4) developing and implementing marketing strategies to recruit or retain these individuals or families;

(5) identifying and recruiting applicants who may receive incentives from the fund;

(6) establishing an application process for individuals and families;

(7) evaluating applicants; and

(8) offering incentives to qualified applicants.

(b) Three (3) of the workforce fund managers constitute a quorum and the concurrence of three (3) of the workforce fund managers is necessary to authorize any action.

(c) The workforce fund managers may establish a qualified nonprofit organization for purposes of carrying out a program and the purposes of a fund under this chapter.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-11Qualifications for a grant or loan Sec. 11. To qualify for a grant or loan from a fund, an individual must be:

(1) a graduate of an Indiana college or university who:

(A) was a resident of another state before enrolling at the Indiana college or university;

(B) relocates to a location within the unit; and

(C) accepts and commences employment with an employer located within the unit under the terms of an incentive agreement;

(2) an out-of-state resident who relocates to a location within the unit in order to accept and commence employment with an employer located within the unit under the terms of an incentive agreement; or

(3) an out-of-state resident who relocates to a location within the unit and works remotely for an employer, regardless of the employer's domicile.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-12Transfers and deposits into fund Sec. 12. (a) The fiscal body of a unit may transfer or deposit the following into a fund:

(1) Any private grants or contributions.

(2) Appropriations to the fund included in the unit's budget.

(3) Except for money in a fund with a restricted purpose, but otherwise notwithstanding any use of funds prohibition as long as the transfer or deposit is authorized by the relevant statutory procedure:

(A) any surplus, unexpended, unappropriated, unencumbered, or otherwise available public or private money; and

(B) from any general account, reverting or nonreverting fund, special account, or trust, other than a fund or account that receives bond proceeds, created or administered by any department, board, authority, commission, political subdivision, special service district, special taxing district, or any other instrumentality of local government under IC 36 with authority to collect or receive taxes, interest, or any other public or private money.

(b) Notwithstanding any other statute, an executive of a unit that has established a program under section 8 of this chapter, after consulting with the fiscal body and fiscal officer of the unit, may authorize a transfer or loan to a fund from any dedicated fund or account, other than a fund or account that receives bond proceeds, before the purpose for which the dedicated fund or account was established has been accomplished.

(c) Two (2) or more units may, by written agreement, collaborate, commingle funds, or otherwise work together for the benefit of administering or carrying out the purposes of the units' funds.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-13Agreement to administer fund Sec. 13. Any separate body corporate and politic or regional, multicounty, or metropolitan authority or commission may, by written agreement, establish a mutually beneficial relationship with one (1) or more units for purposes of administering or carrying out the purposes of the unit's fund or units' funds.

As added by P.L.135-2022, SEC.22.

IC 36-1-29.5-14Annual report Sec. 14. (a) Not later than April 15 of each year, the workforce fund managers shall file with the executive of the unit and fiscal body of the unit a report setting out their activities during the preceding calendar year.

(b) The report of the workforce fund managers under this section must show:

(1) the names of the then qualified and acting workforce fund managers;

(2) the amount of the expenditures made during the preceding year and their general purpose;

(3) the amount of funds on hand at the close of the calendar year; and

(4) other information deemed necessary to disclose the activities of the workforce fund managers and the results obtained.

(c) Not later than April 15 of each year, a copy of each report under this section must be submitted to the department of local government finance in an electronic format specified by the department of local government finance.

As added by P.L.135-2022, SEC.22.

IC 36-1-30Chapter 30. Reporting of Donated Money Used to Fund Salaries

36-1-30-1"Local unit of government" 36-1-30-2Local government employees; salary funded from donated money; reporting requirement