Indiana § 5-28-15-17 - State pledge and agreement

§ 5-28-15-17. State pledge and agreement

Sec. 17. The state pledges to and agrees with the direct recipient of any enterprise zone incentive under this chapter that the state will not limit or alter the rights vested in the U.E.A. to fulfill the terms of any agreements it makes with those recipients or in any way impair the rights and remedies of those recipients until the terms of the incentive are fulfilled. The board may include this pledge and agreement of the state in any agreement it makes with the recipient.

As added by P.L.4-2005, SEC.34.

IC 5-28-15.5Chapter 15.5. Entrepreneur and Enterprise District Pilot Program

5-28-15.5-1Definitions 5-28-15.5-2Entrepreneur and enterprise districts; designation; territory; board of directors 5-28-15.5-3Duration of program 5-28-15.5-4Powers; district business requirement to assist district board; amount 5-28-15.5-5Ability of corporation to make grants to district boards from Indiana twenty-first century research and technology fund; amount of grant; uses 5-28-15.5-6Annual summary; payments to district board; ability to obtain tax records 5-28-15.5-7Duties of a district board; annual reporting; additional reported information for a district in Fort Wayne 5-28-15.5-8Powers of a district board; ability to request modification or waiver of municipal ordinance

IC 5-28-15.5-1Definitions Sec. 1. The following definitions apply throughout this chapter:

(1) "District" refers to an entrepreneur and enterprise district designated by the executive of a qualified municipality under section 2(a) of this chapter.

(2) "District board" refers to the board of directors of a district as specified in section 2(d) of this chapter.

(3) "District business" means an entity that accesses at least one (1) incentive available under the following:

(A) This chapter.

(B) IC 6-1.1-3-25.

(C) IC 6-1.1-45.

(D) IC 6-1.1-46.2.

(4) "Qualified municipality" means the following:

(A) The city of Lafayette.

(B) The city of Fort Wayne.

As added by P.L.238-2017, SEC.4.

IC 5-28-15.5-2Entrepreneur and enterprise districts; designation; territory; board of directors Sec. 2. (a) The executive of a qualified municipality may designate one (1) entrepreneur and enterprise district in the qualified municipality.

(b) The territory of a district designated under subsection (a) may not exceed the greater of:

(1) four (4) square miles; or

(2) ten percent (10%) of the territory of the qualified municipality.

(c) A district is established only if the legislative body of the qualified municipality approves the action taken by the executive of the qualified municipality under subsection (a).

(d) After the legislative body of the qualified municipality approves the action taken by the executive of the qualified municipality under subsection (a), the mayor of the qualified municipality shall designate the board of directors of the district by doing one (1) of the following:

(1) Designate the urban enterprise association established under IC 5-28-15-13 for an enterprise zone in the city as the board of directors of the district.

(2) Appoint a board of directors of the district consisting of seven (7) members as follows:

(A) Four (4) members selected by the mayor of the qualified municipality.

(B) Three (3) members selected by the fiscal body of the qualified municipality.

As added by P.L.238-2017, SEC.4.

IC 5-28-15.5-3Duration of program Sec. 3. A district expires on the later of the following:

(1) Five (5) years after the date on which it is designated as a district by the executive of the qualified municipality.

(2) December 31, 2029.

As added by P.L.238-2017, SEC.4. Amended by P.L.78-2021, SEC.1; P.L.156-2024, SEC.5.

IC 5-28-15.5-4Powers; district business requirement to assist district board; amount Sec. 4. (a) A district board has the following powers, in addition to other powers that are contained in this chapter:

(1) To request the waiver of a municipal ordinance or regulation as provided in this chapter.

(2) To adopt guidelines for the disqualification of a district business from eligibility for one (1) or more incentives available to district businesses, if the district business does not do one (1) of the following:

(A) If all its incentives, as contained in the summary required under section 6 of this chapter, exceed one thousand dollars ($1,000) in any year, pay a registration fee to the district board in an amount equal to one percent (1%) of all its incentives.

(B) Use all its incentives, except for the amount of the registration fee, for its property or employees in the district.

(C) Remain open and operating as a district business for twelve (12) months of the year for which the incentive is claimed.

(3) To modify the boundary of the district if the district board determines that the modification is in the best interests of the district.

(4) To employ staff and contract for services to carry out this chapter.

(b) In addition to a registration fee paid under subsection (a)(2)(A), each district business that receives an incentive specified in section 1(3) of this chapter shall assist the district board in an amount determined by the legislative body of the qualified municipality in which the district business is located. If a district business does not assist a district board as required under this subsection, the legislative body of the qualified municipality in which the district is located may pass an ordinance disqualifying the district business from eligibility for all incentives available to district businesses. If the legislative body disqualifies a district business under this subsection, the legislative body shall notify the department of local government finance in writing not more than thirty (30) days after the passage of the ordinance disqualifying the district business. Disqualification of a district business under this section is effective beginning with the taxable year in which the ordinance disqualifying the district business is adopted.

As added by P.L.238-2017, SEC.4.

IC 5-28-15.5-5Ability of corporation to make grants to district boards from Indiana twenty-first century research and technology fund; amount of grant; uses Sec. 5. (a) For each state fiscal year beginning after June 30, 2019, until a district expires under section 3 of this chapter, if a district board applies for a grant under section 8(a)(3) of this chapter, the corporation shall, before September 1, make a determination on grants from the Indiana twenty-first century research and technology fund established under IC 5-28-16-2 to a district board established in:

(1) the city of Lafayette; and

(2) the city of Fort Wayne.

(b) The total amount of grant money that a district board established in the city of Lafayette may receive during a state fiscal year may not exceed one million dollars ($1,000,000).

(c) The total amount of grant money that a district board established in the city of Fort Wayne may receive during a state fiscal year may not exceed one million dollars ($1,000,000).

(d) Except as provided in subsection (e), one hundred percent (100%) of grant money awarded to a district board under this section must be used by the district board for programs or projects that support entrepreneurship, small business development, technology development, and innovation.

(e) A district board may use grant money awarded under this section to reimburse itself for costs incurred before the grant money was awarded if the costs are attributable to the purposes described in subsection (d).

(f) The corporation may develop guidelines, without complying with IC 4-22-2, for awarding grants under this section.

As added by P.L.238-2017, SEC.4. Amended by P.L.194-2019, SEC.2.

IC 5-28-15.5-6Annual summary; payments to district board; ability to obtain tax records Sec. 6. (a) Subject to subsection (c), a district business that claims any of the incentives available to district businesses shall, before June 1 of each year:

(1) submit to the district board a verified summary concerning the amount of incentives claimed by the district business in the preceding year;

(2) pay the amount specified in section 4(a)(2)(A) of this chapter to the district board; and

(3) pay the amount determined under section 4(b) of this chapter to the district board.

(b) In order to determine the accuracy of the summary submitted under subsection (a), the district board is entitled to obtain copies of a district business's tax records directly from the department of local government finance or a county official, notwithstanding any other law. A summary submitted to a district board and any records obtained by the district board under this section are confidential. A member of a district board or an agent of a district board who knowingly or intentionally discloses information that is confidential under this section commits a Class A misdemeanor.

(c) If a district business does not comply with subsection (a) before June 1, the amount of the incentives for the preceding year that were otherwise available to the district business because the business was a district business are waived.

(d) This subsection is in addition to any other sanction imposed by subsection (c) or any other law. If a district business fails to comply with subsection (a) before June 1 of a year, the district business is:

(1) denied all the incentives available to a district business because the business was a district business for that year; and

(2) disqualified from further participation in the pilot program under this chapter until the district business petitions the district board for, and is granted, readmission to the pilot program under this chapter.

As added by P.L.238-2017, SEC.4.

IC 5-28-15.5-7Duties of a district board; annual reporting; additional reported information for a district in Fort Wayne Sec. 7. (a) A district board shall do the following:

(1) Coordinate development activities within the district.

(2) Serve as a catalyst for development within the district.

(3) Promote the district to outside groups and individuals.

(4) Establish a formal line of communication with residents and businesses in the district.

(5) Act as a liaison among residents, businesses, the municipality, and the board for any development activity that may affect the district or district residents.

(6) Use revenue derived from:

(A) registration fees paid under section 4(a)(2)(A) of this chapter; and

(B) amounts paid under section 4(b) of this chapter;

only for the administration of the district and the benefit of district businesses.

(b) A district board shall:

(1) develop metrics for the annual reporting of information about the district to the legislative body of the qualified municipality that established the district; and

(2) submit the metrics for approval to the legislative body of the qualified municipality and the executive of the qualified municipality.

The metrics for the annual reporting of information may be revised and reapproved from time to time.

(c) Each year before September 1, a district board shall present a written report to the legislative body of the qualified municipality that established the district. The annual written report must provide information about the district in terms of the metrics approved under subsection (b). In addition, in the case of the district established in the city of Fort Wayne, the written report under this subsection shall include the following information:

(1) The retention rate for employees hired by each district business since the date the district was established.

(2) The total number of district businesses established in the district since the date the district was established and of those businesses, the number of businesses that are no longer in operation, if any.

(3) If matching funds are required for an incentive that is provided to a district business:

(A) the percentage amount of matching funds that are provided for each incentive in relation to the total amount of the incentive; and

(B) the sources of the matching funds for the incentive, whether provided by the district business receiving the incentive or a third party public or private entity.

As added by P.L.238-2017, SEC.4. Amended by P.L.78-2021, SEC.2.

IC 5-28-15.5-8Powers of a district board; ability to request modification or waiver of municipal ordinance Sec. 8. (a) A district board may do the following:

(1) Initiate and coordinate any community development activities that improve the physical environment or encourage the turnover or retention of capital in the district.

(2) Modify a district boundary or disqualify a district business from eligibility for one (1) or more incentives available to district businesses.

(3) Apply to the corporation for a grant under section 5 of this chapter.

(b) The district board may request, by majority vote, that the legislative body of the municipality in which the district is located modify or waive any municipal ordinance or regulation that is in effect in the district. The legislative body may, by ordinance, waive or modify the operation of the ordinance or regulation, if the ordinance or regulation does not affect health (including environmental health), safety, civil rights, or employment rights.

As added by P.L.238-2017, SEC.4.

IC 5-28-16Chapter 16. Indiana Twenty-First Century Research and Technology Fund

5-28-16-1"Fund" 5-28-16-2Fund established; purpose; administration; budget committee review of programs, initiatives, and investment policies; reporting requirements; budget agency review and approval of available funding 5-28-16-3Application for grant or loan from fund 5-28-16-4Powers and duties of board; reporting 5-28-16-5Administrative expenses 5-28-16-6Annual report