CHAPTER 6. DUTIES
IC 5-28-6
Chapter 6. Duties
IC 5-28-6-1
Duties of the corporation
Sec. 1. The corporation shall do the following:
(1) Create and regularly update a strategic economicdevelopment plan.
(2) Establish strategic benchmarks and performance measures.
(3) Monitor and report on Indiana's economic performance.
(4) Market Indiana to businesses worldwide.
(5) Assist Indiana businesses that want to grow.
(6) Solicit funding from the private sector for selectedinitiatives.
(7) Provide for the orderly economic development and growthof Indiana.
(8) Establish and coordinate the operation of programscommonly available to all citizens of Indiana to implement astrategic plan for the state's economic development and enhancethe general welfare.
(9) Evaluate and analyze the state's economy to determine thedirection of future public and private actions, and report andmake recommendations to the general assembly in an electronicformat under IC 5-14-6 with respect to the state's economy.
As added by P.L.4-2005, SEC.34.
IC 5-28-6-2
Additional powers and duties of corporation
Sec. 2. (a) The corporation shall develop and promote programsdesigned to make the best use of Indiana resources to ensure abalanced economy and continuing economic growth for Indiana, and,for those purposes, may do the following:
(1) Cooperate with federal, state, and local governments andagencies in the coordination of programs to make the best useof Indiana resources.
(2) Receive and expend funds, grants, gifts, and contributionsof money, property, labor, interest accrued from loans made bythe corporation, and other things of value from public andprivate sources, including grants from agencies andinstrumentalities of the state and the federal government. Thecorporation:
(A) may accept federal grants for providing planningassistance, making grants, or providing other services orfunctions necessary to political subdivisions, planningcommissions, or other public or private organizations;
(B) shall administer these grants in accordance with theterms of the grants; and
(C) may contract with political subdivisions, planningcommissions, or other public or private organizations tocarry out the purposes for which the grants were made. (3) Direct that assistance, information, and advice regarding theduties and functions of the corporation be given to thecorporation by an officer, agent, or employee of the executivebranch of the state. The head of any other state department oragency may assign one (1) or more of the department's oragency's employees to the corporation on a temporary basis ormay direct a division or an agency under the department's oragency's supervision and control to make a special study orsurvey requested by the corporation.
(b) The corporation shall perform the following duties:
(1) Develop and implement industrial development programs toencourage expansion of existing industrial, commercial, andbusiness facilities in Indiana and to encourage new industrial,commercial, and business locations in Indiana.
(2) Assist businesses and industries in acquiring, improving,and developing overseas markets and encourage internationalplant locations in Indiana. The corporation, with the approvalof the governor, may establish foreign offices to assist in thisfunction.
(3) Promote the growth of minority business enterprises bydoing the following:
(A) Mobilizing and coordinating the activities, resources,and efforts of governmental and private agencies,businesses, trade associations, institutions, and individuals.
(B) Assisting minority businesses in obtaining governmentalor commercial financing for expansion or establishment ofnew businesses or individual development projects.
(C) Aiding minority businesses in procuring contracts fromgovernmental or private sources, or both.
(D) Providing technical, managerial, and counselingassistance to minority business enterprises.
(4) Assist the office of the lieutenant governor in:
(A) community economic development planning;
(B) implementation of programs designed to furthercommunity economic development; and
(C) the development and promotion of Indiana's touristresources.
(5) Assist the secretary of agriculture and rural development inpromoting and marketing of Indiana's agricultural products andprovide assistance to the director of the Indiana statedepartment of agriculture.
(6) With the approval of the governor, implement federalprograms delegated to the state to carry out the purposes of thisarticle.
(7) Promote the growth of small businesses by doing thefollowing:
(A) Assisting small businesses in obtaining and preparingthe permits required to conduct business in Indiana.
(B) Serving as a liaison between small businesses and stateagencies. (C) Providing information concerning business assistanceprograms available through government agencies and privatesources.
(8) Establish a public information page on its current Internetsite on the world wide web. The page must provide thefollowing:
(A) By program, cumulative information on the total amountof incentives awarded, the total number of companies thatreceived the incentives and were assisted in a year, and thenames and addresses of those companies.
(B) A mechanism on the page whereby the public mayrequest further information online about specific programsor incentives awarded.
(C) A mechanism for the public to receive an electronicresponse.
(c) The corporation may do the following:
(1) Disseminate information concerning the industrial,commercial, governmental, educational, cultural, recreational,agricultural, and other advantages of Indiana.
(2) Plan, direct, and conduct research activities.
(3) Assist in community economic development planning andthe implementation of programs designed to further communityeconomic development.
As added by P.L.4-2005, SEC.34. Amended by P.L.83-2005, SEC.9;P.L.1-2006, SEC.126; P.L.120-2008, SEC.3.
IC 5-28-6-3
Certification of facilities; biodiesel; ethanol; legislative intentrelated to use of women and minority business enterprises asvendors
Sec. 3. (a) The general assembly declares that the opportunity forthe participation of underutilized small businesses, especially womenand minority business enterprises, in the biodiesel and ethanolproduction industries is essential if social and economic parity is tobe obtained by women and minority business persons and if theeconomy of Indiana is to be stimulated as contemplated by thissection, IC 6-3.1-27, and IC 6-3.1-28. A recipient of a credit underthis chapter is encouraged to purchase goods and services fromunderutilized small businesses, especially women and minoritybusiness enterprises.
(b) The definitions in IC 6-3.1-27 and IC 6-3.1-28 applythroughout this section. A term used in this section that is defined inboth IC 6-3.1-27 and IC 6-3.1-28 refers to the term as defined in:
(1) IC 6-3.1-27 whenever this section applies to the certificationof a person for a credit under IC 6-3.1-27; and
(2) IC 6-3.1-28 whenever this section applies to the certificationof a person for a credit under IC 6-3.1-28.
In addition, as used in this section, "person" refers to a taxpayer ora pass through entity.
(c) As used in this section, "minority" means a member of a
minority group (as defined in IC 4-13-16.5-1).
(d) As used in this section, "minority business enterprise" has themeaning set forth in IC 4-13-16.5-1.
(e) As used in this section, "women's business enterprise" has themeaning set forth in IC 4-13-16.5-1.3.
(f) A person that:
(1) begins construction of a facility or an expansion of a facilityfor the production of biodiesel, blended biodiesel, or ethanol inIndiana after February 28, 2005; and
(2) wishes to claim a tax credit with respect to that facility orthe expansion of a facility under any combination ofIC 6-3.1-27-8, IC 6-3.1-27-9, or IC 6-3.1-28-7;
must apply to the corporation for a determination of the person'seligibility for the tax credit.
(g) Subject to this section, the corporation shall issue to eachqualifying applicant a certification that:
(1) certifies the person as eligible for the tax credits for whichthe person applied;
(2) identifies the facilities covered by the certification; and
(3) allocates to the person a credit under IC 6-3.1-27-8,IC 6-3.1-27-9, or IC 6-3.1-28-11.
(h) To qualify for certification under subsection (g), a person mustdo the following:
(1) Submit an application for the credit on the forms and in themanner prescribed by the corporation for the credit that is thesubject of the application.
(2) Demonstrate through a business plan and other informationpresented to the corporation that the level of productionproposed by the person is feasible and economically viable. Inmaking a determination under this subdivision, the corporationshall consider:
(A) whether the person is sufficiently capitalized tocomplete the project;
(B) the person's credit rating;
(C) whether the person has sufficient technical expertise tobuild and operate a facility; and
(D) other relevant financial information as determined by thecorporation.
(i) The corporation shall record the time of filing of eachapplication submitted under this section. The corporation shall grantcertifications under this section to qualifying applicants in thechronological order in which the applications for the same type ofcredit are filed until the maximum allowable credit for that type ofcredit is fully allocated.
(j) The corporation may terminate a certification or reduce anallocation of a credit granted under this section only if thecorporation determines, after a hearing, that the person granted thecertification or allocation has failed to:
(1) substantially comply with the business plan that is the basisfor the certification or allocation; or (2) submit the information needed by the corporation todetermine whether the person has substantially complied withthe business plan that is the basis of the certification orallocation.
If an allocation of a credit is terminated or reduced, the unused creditbecomes available for allocation to other qualifying applicants in thechronological order in which the applications for the same type ofcredit are filed until the maximum allowable credit for that type ofcredit is fully allocated. The corporation may approve an amendmentto a business plan or a transfer of a certificate of eligibility inconformity with the terms and conditions specified by thecorporation in rules adopted by the corporation under IC 4-22-2.
(k) The corporation shall give the department of state revenuewritten notice of each action taken under this section.
As added by P.L.191-2005, SEC.1. Amended by P.L.122-2006,SEC.1.
IC 5-28-6-4
Job creation incentive package; weight given to areas withdislocated workers
Sec. 4. The board, the corporation, and the officers and employeesof the board or corporation, when developing job creation incentivepackages to locate companies in Indiana, shall give weight, in theawarding or approving of job creation incentives, to business entitiesthat locate in an area where individuals have become dislocatedworkers due to a permanent closure of a plant or facility or asignificant reduction in the workforce.
As added by P.L.110-2010, SEC.7.
IC 5-28-6-5
Job creation incentive; compliance officer
Sec. 5. The corporation shall designate an employee to serve as acompliance officer whose duties are to determine and report to thecorporation whether each person that receives a job creationincentive granted by the corporation or another agency orinstrumentality of the state (excluding any political subdivision orother unit of local government) complies with the terms andconditions of the person's incentive agreement.
As added by P.L.110-2010, SEC.8.
IC 5-28-6-6
Job creation incentive agreement; requirements; penalties
Sec. 6. The corporation shall require an applicant for a jobcreation incentive to be granted by the corporation after March 31,2010, to enter into an agreement with the corporation as a conditionof receiving the incentive. Subject to IC 5-28-28-8, the agreementmust include the following requirements:
(1) The number of individuals that are expected to be employedby the applicant.
(2) A requirement that the applicant will file with the
compliance officer an annual compliance report detailing theapplicant's compliance, or progress toward compliance, withsubdivision (1).
(3) A provision that notifies the applicant that the applicant issubject to a determination of the corporation under thissubdivision. The corporation, after a finding that the applicantis employing fewer individuals than the applicant agreed toemploy under subdivision (1), subject to any confidentialitylaws, shall hold a hearing to determine if the applicant shall berequired to pay back to the state a part of the incentive grantedto the applicant under the agreement. The penalty imposed mustbe a matter of public record and must reflect in a fair andbalanced way the amount of incentive received.
(4) A requirement that the applicant will pay back to the statethe incentive that has been received by the applicant if theapplicant moves or closes.
As added by P.L.110-2010, SEC.9.
IC 5-28-6-7
Job creation incentive; requirement that dislocated workers beconsidered for jobs created
Sec. 7. The corporation shall establish a program to ensure thatdislocated workers from Indiana are given consideration for jobscreated by business entities receiving a job creation incentive fromthe state or an instrumentality of the state (excluding any politicalsubdivision or other unit of local government). The corporation,including its board, shall condition job creation incentives awardedor approved by the corporation after March 31, 2010, on compliancewith the corporation's program under this section. This requirementmust be included in an agreement entered into by the recipient andthe corporation.
As added by P.L.110-2010, SEC.10.