Indiana § 5-33-6-11 - Heritage barn tourism program

§ 5-33-6-11. Heritage barn tourism program

Sec. 11. The corporation shall develop under this chapter print and electronic media promoting tourism, visitation, and other hospitality opportunities that feature heritage barns located in Indiana. The department of agriculture and the office of community and rural affairs shall provide the corporation assistance in developing a heritage barn tourism program in Indiana.

As added by P.L.78-2019, SEC.5.

IC 5-33-6.5Chapter 6.5. Statewide Sports and Tourism Bid Fund

5-33-6.5-1"Eligible entity" 5-33-6.5-2"Event" 5-33-6.5-3"Event support contract" 5-33-6.5-4"Fund" 5-33-6.5-5"Joinder agreement" 5-33-6.5-6"Joinder undertaking" 5-33-6.5-7"Site selection organization" 5-33-6.5-8Statewide sports and tourism bid fund; administration; annual grant 5-33-6.5-9Management of money; audit; report 5-33-6.5-9Management of money; audit; report 5-33-6.5-10Eligible events; grant application 5-33-6.5-11Distribution of grants; uses

IC 5-33-6.5-1"Eligible entity" Sec. 1. As used in this chapter, "eligible entity" means any of the following:

(1) A nonprofit sports commission, including the Indiana Sports Corporation.

(2) Destination management organizations.

(3) A state educational institution (as defined in IC 21-7-13-32) or a nonprofit college or university that operates in Indiana.

(4) A local organizing committee acting on behalf of a local unit to pursue an application for selection as the site of an event.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-2"Event" Sec. 2. As used in this chapter, "event" means an event that is held in Indiana for which an eligible entity seeks approval from a site selection organization to hold the event or the related series of events at a site in Indiana. The term includes:

(1) sporting events;

(2) trade shows;

(3) conventions; and

(4) other similar events;

including any activities related to or associated with the event.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-3"Event support contract" Sec. 3. As used in this chapter, "event support contract" means a joinder undertaking, a joinder agreement, or a similar contract executed by:

(1) one (1) or more eligible entities; and

(2) a site selection organization.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-4"Fund" Sec. 4. As used in this chapter, "fund" refers to the statewide sports and tourism bid fund established by section 8 of this chapter.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-5"Joinder agreement" Sec. 5. As used in this chapter, "joinder agreement" means an agreement entered into by:

(1) one (1) or more eligible entities; and

(2) a site selection organization;

that sets out representations and assurances by each eligible entity in connection with the selection of a site in Indiana for the location of an event.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-6"Joinder undertaking" Sec. 6. As used in this chapter, "joinder undertaking" means an agreement entered into by:

(1) one (1) or more eligible entities; and

(2) a site selection organization;

that each eligible entity will execute a joinder agreement in the event that the site selection organization selects a site in Indiana for the location of an event.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-7"Site selection organization" Sec. 7. As used in this chapter, "site selection organization" means an entity that conducts or considers conducting an event in Indiana.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-8Statewide sports and tourism bid fund; administration; annual grant Sec. 8. (a) The statewide sports and tourism bid fund is established for the purpose of distributing funds in the form of a grant to the Indiana Sports Corporation to be used by the Indiana Sports Corporation:

(1) to organize and hold events; and

(2) to make grants to other eligible entities for the purpose of organizing and holding events;

in Indiana.

(b) The fund consists of:

(1) appropriations from the general assembly; and

(2) grants, gifts, and donations intended for deposit in the fund.

(c) The corporation shall administer the fund.

(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the state general fund.

(e) Not later July 15 of the first year of the biennium, the corporation shall distribute to the Indiana Sports Corporation a grant amount equal to the amount appropriated by the general assembly to the fund for the state fiscal year.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-9Management of money; audit; report Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 9. (a) The Indiana Sports Corporation shall manage the money received from the fund under section 8 of this chapter in accordance with the general laws of the state relating to the handling of public funds.

(b) The handling and expenditure of funds coming into the possession of the Indiana Sports Corporation is subject to audit and supervision by the state board of accounts.

(c) The Indiana Sports Corporation shall ensure that not less than thirty percent (30%) of the money received by the Indiana Sports Corporation each biennium is used for events that are conducted outside of Marion County. The Indiana Sports Corporation may award grants to other eligible entities as set forth in section 10 of this chapter.

(d) Indiana Sports Corporation shall annually report to the budget committee on the use of the money received from the fund.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-9Management of money; audit; report Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 9. (a) The Indiana Sports Corporation shall manage the money received from the fund under section 8 of this chapter in accordance with the general laws of the state relating to the handling of public funds.

(b) The handling and expenditure of funds coming into the possession of the Indiana Sports Corporation is subject to audit and supervision by the state board of accounts.

(c) The Indiana Sports Corporation shall ensure that not less than twenty percent (20%) of the money received by the Indiana Sports Corporation each biennium is used for events that are conducted outside of Marion County and Lake County. The Indiana Sports Corporation may award grants to other eligible entities as set forth in section 10 of this chapter. The requirement under this subsection may not be met through subsection (d).

(d) The Indiana Sports Corporation shall ensure that twenty percent (20%) of the money received by the Indiana Sports Corporation each biennium is used for events supported by the northwest Indiana stadium authority under IC 5-1-17.1.

(e) Indiana Sports Corporation shall annually report to the budget committee on the use of the money received from the fund.

As added by P.L.58-2022, SEC.1. Amended by P.L.44-2026, SEC.5.

IC 5-33-6.5-10Eligible events; grant application Sec. 10. (a) An event is eligible for funding from the money received by the Indiana Sports Corporation from the fund if:

(1) a site selection organization selects for the event a site that is located in Indiana, after considering, through a highly competitive selection process, one (1) or more sites that are not located in Indiana;

(2) the site selection organization selects the site in Indiana as:

(A) the sole site for the event; or

(B) the sole site for the event in a region composed of Indiana and one (1) or more states; and

(3) the event is held not more than one (1) time in Indiana or another state in any year.

(b) An eligible entity other than the Indiana Sports Corporation may apply to the Indiana Sports Corporation for a grant from the money received by the Indiana Sports Corporation from the fund to be used by the eligible entity for the purpose of organizing and holding an event in Indiana that is eligible for funding under subsection (a).

(c) The Indiana Sports Corporation may award grants to other eligible entities that apply under subsection (b) and shall ensure the success of the grant funded event.

As added by P.L.58-2022, SEC.1.

IC 5-33-6.5-11Distribution of grants; uses Sec. 11. Grant money distributed from the fund to the Indiana Sports Corporation under this chapter may be expended by the Indiana Sports Corporation, or another eligible entity that has received a grant from the Indiana Sports Corporation, only for the following purposes:

(1) To pay or reimburse the costs of applying or bidding for selection as the site of the event.

(2) To pay or reimburse the costs of planning for or conducting the event, including any of the following:

(A) Fees that are charged by a site selection organization and that must be paid as a prerequisite to holding the event, including hosting fees, sanctioning fees, participation fees, or bid fees.

(B) Costs for performance bonds or insurance required for hosting the event.

(C) Public safety expenses or security related expenses related to the event.

(D) Advertising expenses for advertising the event and its locations.

(E) Administrative costs and facility use costs.

(F) Costs for preparation of an economic impact analysis for the event.

(G) Costs of transportation or parking services for the event that exceed the revenues earned from providing the transportation or parking for the event.

(H) Other costs specified in the event support contract as necessary for the hosting of the event.

(3) To pay or reimburse the costs of improving, constructing, renovating, or acquiring facilities that are directly associated with or attributable to fulfilling obligations of the event support contract.

(4) To pay or reimburse the costs incurred for the eligible entity to acquire an ownership interest in the event, if applicable.

As added by P.L.58-2022, SEC.1.

IC 5-33.5ARTICLE 33.5. AGREEMENTS WITH FEDERALLY RECOGNIZED INDIAN TRIBES

Ch. 1.Applicability Ch. 2.Definitions Ch. 3.Agreements with Federally Recognized Indian Tribes

IC 5-33.5-1Chapter 1. Applicability

5-33.5-1-1Applicability

IC 5-33.5-1-1Applicability Sec. 1. This article applies only to an agreement between the state or a state agency and a federally recognized Indian tribe.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-2Chapter 2. Definitions

5-33.5-2-1"Federally recognized Indian tribe" 5-33.5-2-2"State" 5-33.5-2-3"State agency"

IC 5-33.5-2-1"Federally recognized Indian tribe" Sec. 1. "Federally recognized Indian tribe" means an Indian tribe named on the list of Indian tribes recognized by the United States Secretary of the Interior published under 25 U.S.C. 5131.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-2-2"State" Sec. 2. "State" means the state of Indiana. The term does not include a political subdivision.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-2-3"State agency" Sec. 3. "State agency" means an authority, a board, a commission, a committee, a department, a division, or other instrumentality of state government. However, the term does not include a state educational institution.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-3Chapter 3. Agreements with Federally Recognized Indian Tribes

5-33.5-3-1Authority to enter into a cooperative agreement 5-33.5-3-2Required elements of a cooperative agreement 5-33.5-3-3Approval 5-33.5-3-4Requirement to file a cooperative agreement with the state board of accounts for audit purposes 5-33.5-3-5Provisions that may be included in a cooperative agreement 5-33.5-3-6Waiver of Indian tribe sovereign immunity; attorney general review and approval 5-33.5-3-7Waiver of state sovereign immunity; conditions; application

IC 5-33.5-3-1Authority to enter into a cooperative agreement Sec. 1. The state or a state agency may enter into a cooperative agreement with a federally recognized Indian tribe.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-3-2Required elements of a cooperative agreement Sec. 2. A cooperative agreement entered into under this chapter must be in writing and must provide for the following:

(1) The duration of the agreement.

(2) The purpose of the agreement.

(3) The administration of the agreement.

(4) The manner of carrying out the joint undertaking.

(5) The methods that may be employed in accomplishing the partial or complete termination of the agreement.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-3-3Approval Sec. 3. If a cooperative agreement entered into under this chapter concerns the provision of services or facilities that a state officer or state agency has power to control, the agreement must be submitted to that officer or agency for approval before it takes effect.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-3-4Requirement to file a cooperative agreement with the state board of accounts for audit purposes Sec. 4. A cooperative agreement entered into under this chapter must be filed with the state board of accounts for audit purposes not later than sixty (60) days after the agreement takes effect.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-3-5Provisions that may be included in a cooperative agreement Sec. 5. A cooperative agreement entered into under this chapter may provide for the following:

(1) An effective waiver of sovereign immunity from the federally recognized Indian tribe.

(2) Subject to section 6 of this chapter, a waiver of sovereign immunity by the state.

(3) A statement that IC 34-13-1-1 applies to the agreement.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-3-6Waiver of Indian tribe sovereign immunity; attorney general review and approval Sec. 6. A provision of a cooperative agreement with a federally recognized Indian tribe waiving the sovereign immunity of the state must be submitted to the attorney general for review. A cooperative agreement containing a provision subject to review under this section may not take effect unless the attorney general approves the provision.

As added by P.L.108-2019, SEC.100.

IC 5-33.5-3-7Waiver of state sovereign immunity; conditions; application Sec. 7. (a) For purposes of this chapter only, the state may waive its immunity from suit in federal court under the Eleventh Amendment to the Constitution of the United States only if both of the following conditions are met:

(1) The agreement in dispute was entered into under this chapter.

(2) The agreement in dispute contains a provision that mandates arbitration providing the federal court jurisdiction under the Federal Arbitration Act (9 U.S.C. 1 et seq.) or a successor act that requires or may require arbitration.

(b) A waiver permitted under subsection (a) applies only to an action:

(1) to compel arbitration;

(2) to determine whether an issue is arbitrable; or

(3) to confirm an award entered by the arbitrator.

As added by P.L.108-2019, SEC.100.

IC 5-34ARTICLE 34. INDIANA CAREER ACCELERATOR FUND

Ch. 1.Definitions Ch. 2.Indiana Career Accelerator Fund Ch. 3.Financial Assistance

IC 5-34-1Chapter 1. Definitions

5-34-1-1Application of definitions 5-34-1-2"Base year state income tax liability" 5-34-1-3"Department" 5-34-1-4"Fund" 5-34-1-5"INvestED Indiana" 5-34-1-6"Qualified education program" 5-34-1-7Requirements for certification of a qualified education program 5-34-1-8Financial assistance awards from the fund; purposes 5-34-1-9Repayment agreement 5-34-1-10Annual examination of the fund