CHAPTER 1.1. LOCATION OF STATE AGENCIES IN DOWNTOWN AREAS
IC 4-13-1.1
Chapter 1.1. Location of State Agencies in Downtown Areas
IC 4-13-1.1-1
"Americans with Disabilities Act" defined
Sec. 1. As used in this chapter, "Americans with Disabilities Act"refers to the federal Americans with Disabilities Act (42 U.S.C.12101 et seq.) and any amendments and regulations related to the act.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-2
"Commissioner" defined
Sec. 2. As used in this chapter, "commissioner" refers to thecommissioner of the Indiana department of administration.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-3
"Department" defined
Sec. 3. As used in this chapter, "department" refers to the Indianadepartment of administration created under IC 4-13-1-2.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-4
"Downtown" defined
Sec. 4. As used in this chapter, "downtown" refers to:
(1) the central business district of a city, town, or township;
(2) any commercial or mixed use area within a neighborhood ofa city, town, or township that has traditionally served, since thefounding of the community, as the retail service and communalfocal point within the community;
(3) an enterprise zone established under IC 5-28-15; or
(4) a brownfield revitalization zone established underIC 6-1.1-42.
As added by P.L.252-1999, SEC.1. Amended by P.L.4-2005, SEC.15.
IC 4-13-1.1-5
"State agency" defined
Sec. 5. As used in this chapter, "state agency" means:
(1) an agency described in IC 4-13-1-1; or
(2) a license branch operating under IC 9-16.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-6
Policy establishment
Sec. 6. Except as provided in section 9 of this chapter, thedepartment shall establish policy to encourage state agencies tolocate leased and state constructed facilities in downtown areas.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-7
Policy exemptions
Sec. 7. The policy established under section 6 of this chapter mayexempt certain agencies or activities from the policy.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-8
Factors for consideration
Sec. 8. The policy established under section 6 of this chapter mustfocus on the following:
(1) Local economic considerations.
(2) The requirements of the agency.
(3) Servicing client needs.
(4) The availability of suitable space.
(5) Competitiveness in the market place.
(6) Ability to create positive impact on local small business.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-9
Prohibition on increased taxes
Sec. 9. Notwithstanding section 6 of this chapter, the policyestablished by the department under section 6 of this chapter may notencourage state agencies to locate leased and state constructedfacilities in downtown areas if doing so would result in new orincreased taxes to the citizens of Indiana.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-10
Restoration or reuse of existing structures
Sec. 10. (a) The policy established by the department undersection 6 of this chapter must give primary consideration to therestoration or reuse, or both, of existing structures within adowntown area.
(b) When using existing structures, reasonable efforts shall bemade to:
(1) restore or rebuild the structure's facade, maintaining thearchitectural integrity of the building and streetscape accordingto the standards for rehabilitation under 36 CFR 68; and
(2) ensure that the structure meets the federal Americans withDisabilities Act requirements in an aesthetically pleasingmanner.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-11
State construction of facilities
Sec. 11. (a) The policy established by the department undersection 6 of this chapter must give secondary consideration to stateconstruction of facilities within a downtown area if the restoration orreuse, or both, of existing structures within a downtown area is notdetermined to be a reasonable alternative by the department. (b) With regard to state constructed facilities, the policyestablished by the department must provide that reasonable effortsshall be made to:
(1) make the scale and facade of the structure maintain thearchitectural integrity of the existing streetscape;
(2) ensure that the structure meets the federal Americans withDisabilities Act requirements in an aesthetically pleasingmanner;
(3) deny a request from a state agency to locate or to relocateoutside a downtown area unless it is documented that noreasonable alternative exists. Lack of onsite parking is not alonesufficient documentation when alternative parking is availablein a downtown area; and
(4) coordinate the location of state constructed facilities withexisting public and private sector organizations committed tocommunity development, downtown revitalization, and historicpreservation.
As added by P.L.252-1999, SEC.1.
IC 4-13-1.1-12
Report to legislative council; duty
Sec. 12. Not later than July 1 of each year, the department shallreport in an electronic format under IC 5-14-6 to the legislativecouncil concerning the implementation of this chapter.
As added by P.L.252-1999, SEC.1. Amended by P.L.28-2004,SEC.39.
IC 4-13-1.1-13
Report to legislative council; requirements
Sec. 13. The report submitted under section 12 of this chaptermust include the following information:
(1) The total number of leased and state constructed facilitiesreviewed by the department during the prior year.
(2) The number of leased and state constructed facilities thatwere located in downtown areas.
(3) If a leased or state constructed facility was not located in adowntown area, the reason for the lease or facility being locatedoutside a downtown area.
(4) The number of leases and state constructed facilities thatincluded the restoration and reuse, or both, of an existingstructure.
(5) Measures taken by the department to encourage stateagencies to locate in downtown areas.
As added by P.L.252-1999, SEC.1.