IC 5-28-6-1 Duties of the corporation
Sec. 1. The corporation shall do the following:
(1) Create and regularly update a strategic economic
development 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 selected
initiatives.
(7) Provide for the orderly economic development and growth
of Indiana.
(8) Establish and coordinate the operation of programs
commonly available to all citizens of Indiana to implement a
strategic plan for the state's economic development and enhance
the general welfare.
(9) Evaluate and analyze the state's economy to determine the
direction of future public and private actions, and report and
make recommendations to the general assembly in an electronic
format 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 programs
designed to make the best use of Indiana resources to ensure a
balanced economy and continuing economic growth for Indiana, and,
for those purposes, may do the following:
(1) Cooperate with federal, state, and local governments and
agencies in the coordination of programs to make the best use
of Indiana resources.
(2) Receive and expend funds, grants, gifts, and contributions
of money, property, labor, interest accrued from loans made by
the corporation, and other things of value from public and
private sources, including grants from agencies and
instrumentalities of the state and the federal government. The
corporation:
(A) may accept federal grants for providing planning
assistance, making grants, or providing other services or
functions necessary to political subdivisions, planning
commissions, or other public or private organizations;
(B) shall administer these grants in accordance with the
terms of the grants; and
(C) may contract with political subdivisions, planning
commissions, or other public or private organizations to
carry out the purposes for which the grants were made.
(3) Direct that assistance, information, and advice regarding the
duties and functions of the corporation be given to the
corporation by an officer, agent, or employee of the executive
branch of the state. The head of any other state department or
agency may assign one (1) or more of the department's or
agency's employees to the corporation on a temporary basis or
may direct a division or an agency under the department's or
agency's supervision and control to make a special study or
survey requested by the corporation.
(b) The corporation shall perform the following duties:
(1) Develop and implement industrial development programs to
encourage expansion of existing industrial, commercial, and
business 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 international
plant locations in Indiana. The corporation, with the approval
of the governor, may establish foreign offices to assist in this
function.
(3) Promote the growth of minority business enterprises by
doing 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 governmental
or commercial financing for expansion or establishment of
new businesses or individual development projects.
(C) Aiding minority businesses in procuring contracts from
governmental or private sources, or both.
(D) Providing technical, managerial, and counseling
assistance to minority business enterprises.
(4) Assist the office of the lieutenant governor in:
(A) community economic development planning;
(B) implementation of programs designed to further
community economic development; and
(C) the development and promotion of Indiana's tourist
resources.
(5) Assist the secretary of agriculture and rural development in
promoting and marketing of Indiana's agricultural products and
provide assistance to the director of the Indiana state
department of agriculture.
(6) With the approval of the governor, implement federal
programs delegated to the state to carry out the purposes of this
article.
(7) Promote the growth of small businesses by doing the
following:
(A) Assisting small businesses in obtaining and preparing
the permits required to conduct business in Indiana.
(B) Serving as a liaison between small businesses and state
agencies.
(C) Providing information concerning business assistance
programs available through government agencies and private
sources.
(8) Establish a public information page on its current Internet
site on the world wide web. The page must provide the
following:
(A) By program, cumulative information on the total amount
of incentives awarded, the total number of companies that
received the incentives and were assisted in a year, and the
names and addresses of those companies.
(B) A mechanism on the page whereby the public may
request further information online about specific programs
or incentives awarded.
(C) A mechanism for the public to receive an electronic
response.
(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 and
the implementation of programs designed to further community
economic 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 intent
related to use of women and minority business enterprises as
vendors
Sec. 3. (a) The general assembly declares that the opportunity for
the participation of underutilized small businesses, especially women
and minority business enterprises, in the biodiesel and ethanol
production industries is essential if social and economic parity is to
be obtained by women and minority business persons and if the
economy of Indiana is to be stimulated as contemplated by this
section, IC 6-3.1-27, and IC 6-3.1-28. A recipient of a credit under
this chapter is encouraged to purchase goods and services from
underutilized small businesses, especially women and minority
business enterprises.
(b) The definitions in IC 6-3.1-27 and IC 6-3.1-28 apply
throughout this section. A term used in this section that is defined in
both 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 certification
of a person for a credit under IC 6-3.1-27; and
(2) IC 6-3.1-28 whenever this section applies to the certification
of a person for a credit under IC 6-3.1-28.
In addition, as used in this section, "person" refers to a taxpayer or
a 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 the
meaning set forth in IC 4-13-16.5-1.
(e) As used in this section, "women's business enterprise" has the
meaning 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 facility
for the production of biodiesel, blended biodiesel, or ethanol in
Indiana after February 28, 2005; and
(2) wishes to claim a tax credit with respect to that facility or
the expansion of a facility under any combination of
IC 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's
eligibility for the tax credit.
(g) Subject to this section, the corporation shall issue to each
qualifying applicant a certification that:
(1) certifies the person as eligible for the tax credits for which
the 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 must
do the following:
(1) Submit an application for the credit on the forms and in the
manner prescribed by the corporation for the credit that is the
subject of the application.
(2) Demonstrate through a business plan and other information
presented to the corporation that the level of production
proposed by the person is feasible and economically viable. In
making a determination under this subdivision, the corporation
shall consider:
(A) whether the person is sufficiently capitalized to
complete the project;
(B) the person's credit rating;
(C) whether the person has sufficient technical expertise to
build and operate a facility; and
(D) other relevant financial information as determined by the
corporation.
(i) The corporation shall record the time of filing of each
application submitted under this section. The corporation shall grant
certifications under this section to qualifying applicants in the
chronological order in which the applications for the same type of
credit are filed until the maximum allowable credit for that type of
credit is fully allocated.
(j) The corporation may terminate a certification or reduce an
allocation of a credit granted under this section only if the
corporation determines, after a hearing, that the person granted the
certification or allocation has failed to:
(1) substantially comply with the business plan that is the basis
for the certification or allocation; or
(2) submit the information needed by the corporation to
determine whether the person has substantially complied with
the business plan that is the basis of the certification or
allocation.
If an allocation of a credit is terminated or reduced, the unused credit
becomes available for allocation to other qualifying applicants in the
chronological order in which the applications for the same type of
credit are filed until the maximum allowable credit for that type of
credit is fully allocated. The corporation may approve an amendment
to a business plan or a transfer of a certificate of eligibility in
conformity with the terms and conditions specified by the
corporation in rules adopted by the corporation under IC 4-22-2.
(k) The corporation shall give the department of state revenue
written 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 with
dislocated workers
Sec. 4. The board, the corporation, and the officers and employees
of the board or corporation, when developing job creation incentive
packages to locate companies in Indiana, shall give weight, in the
awarding or approving of job creation incentives, to business entities
that locate in an area where individuals have become dislocated
workers due to a permanent closure of a plant or facility or a
significant 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 a
compliance officer whose duties are to determine and report to the
corporation whether each person that receives a job creation
incentive granted by the corporation or another agency or
instrumentality of the state (excluding any political subdivision or
other unit of local government) complies with the terms and
conditions 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 job
creation incentive to be granted by the corporation after March 31,
2010, to enter into an agreement with the corporation as a condition
of receiving the incentive. Subject to IC 5-28-28-8, the agreement
must include the following requirements:
(1) The number of individuals that are expected to be employed
by the applicant.
(2) A requirement that the applicant will file with the
compliance officer an annual compliance report detailing the
applicant's compliance, or progress toward compliance, with
subdivision (1).
(3) A provision that notifies the applicant that the applicant is
subject to a determination of the corporation under this
subdivision. The corporation, after a finding that the applicant
is employing fewer individuals than the applicant agreed to
employ under subdivision (1), subject to any confidentiality
laws, shall hold a hearing to determine if the applicant shall be
required to pay back to the state a part of the incentive granted
to the applicant under the agreement. The penalty imposed must
be a matter of public record and must reflect in a fair and
balanced way the amount of incentive received.
(4) A requirement that the applicant will pay back to the state
the incentive that has been received by the applicant if the
applicant moves or closes. As added by P.L.110-2010, SEC.9.
IC 5-28-6-7 Job creation incentive; requirement that dislocated workers be
considered for jobs created
Sec. 7. The corporation shall establish a program to ensure that
dislocated workers from Indiana are given consideration for jobs
created by business entities receiving a job creation incentive from
the state or an instrumentality of the state (excluding any political
subdivision or other unit of local government). The corporation,
including its board, shall condition job creation incentives awarded
or approved by the corporation after March 31, 2010, on compliance
with the corporation's program under this section. This requirement
must be included in an agreement entered into by the recipient and
the corporation. As added by P.L.110-2010, SEC.10.
IC 5-28-6-1 Duties of the corporation
Sec. 1. The corporation shall do the following:
(1) Create and regularly update a strategic economic
development 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 selected
initiatives.
(7) Provide for the orderly economic development and growth
of Indiana.
(8) Establish and coordinate the operation of programs
commonly available to all citizens of Indiana to implement a
strategic plan for the state's economic development and enhance
the general welfare.
(9) Evaluate and analyze the state's economy to determine the
direction of future public and private actions, and report and
make recommendations to the general assembly in an electronic
format 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 programs
designed to make the best use of Indiana resources to ensure a
balanced economy and continuing economic growth for Indiana, and,
for those purposes, may do the following:
(1) Cooperate with federal, state, and local governments and
agencies in the coordination of programs to make the best use
of Indiana resources.
(2) Receive and expend funds, grants, gifts, and contributions
of money, property, labor, interest accrued from loans made by
the corporation, and other things of value from public and
private sources, including grants from agencies and
instrumentalities of the state and the federal government. The
corporation:
(A) may accept federal grants for providing planning
assistance, making grants, or providing other services or
functions necessary to political subdivisions, planning
commissions, or other public or private organizations;
(B) shall administer these grants in accordance with the
terms of the grants; and
(C) may contract with political subdivisions, planning
commissions, or other public or private organizations to
carry out the purposes for which the grants were made.
(3) Direct that assistance, information, and advice regarding the
duties and functions of the corporation be given to the
corporation by an officer, agent, or employee of the executive
branch of the state. The head of any other state department or
agency may assign one (1) or more of the department's or
agency's employees to the corporation on a temporary basis or
may direct a division or an agency under the department's or
agency's supervision and control to make a special study or
survey requested by the corporation.
(b) The corporation shall perform the following duties:
(1) Develop and implement industrial development programs to
encourage expansion of existing industrial, commercial, and
business 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 international
plant locations in Indiana. The corporation, with the approval
of the governor, may establish foreign offices to assist in this
function.
(3) Promote the growth of minority business enterprises by
doing 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 governmental
or commercial financing for expansion or establishment of
new businesses or individual development projects.
(C) Aiding minority businesses in procuring contracts from
governmental or private sources, or both.
(D) Providing technical, managerial, and counseling
assistance to minority business enterprises.
(4) Assist the office of the lieutenant governor in:
(A) community economic development planning;
(B) implementation of programs designed to further
community economic development; and
(C) the development and promotion of Indiana's tourist
resources.
(5) Assist the secretary of agriculture and rural development in
promoting and marketing of Indiana's agricultural products and
provide assistance to the director of the Indiana state
department of agriculture.
(6) With the approval of the governor, implement federal
programs delegated to the state to carry out the purposes of this
article.
(7) Promote the growth of small businesses by doing the
following:
(A) Assisting small businesses in obtaining and preparing
the permits required to conduct business in Indiana.
(B) Serving as a liaison between small businesses and state
agencies.
(C) Providing information concerning business assistance
programs available through government agencies and private
sources.
(8) Establish a public information page on its current Internet
site on the world wide web. The page must provide the
following:
(A) By program, cumulative information on the total amount
of incentives awarded, the total number of companies that
received the incentives and were assisted in a year, and the
names and addresses of those companies.
(B) A mechanism on the page whereby the public may
request further information online about specific programs
or incentives awarded.
(C) A mechanism for the public to receive an electronic
response.
(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 and
the implementation of programs designed to further community
economic 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 intent
related to use of women and minority business enterprises as
vendors
Sec. 3. (a) The general assembly declares that the opportunity for
the participation of underutilized small businesses, especially women
and minority business enterprises, in the biodiesel and ethanol
production industries is essential if social and economic parity is to
be obtained by women and minority business persons and if the
economy of Indiana is to be stimulated as contemplated by this
section, IC 6-3.1-27, and IC 6-3.1-28. A recipient of a credit under
this chapter is encouraged to purchase goods and services from
underutilized small businesses, especially women and minority
business enterprises.
(b) The definitions in IC 6-3.1-27 and IC 6-3.1-28 apply
throughout this section. A term used in this section that is defined in
both 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 certification
of a person for a credit under IC 6-3.1-27; and
(2) IC 6-3.1-28 whenever this section applies to the certification
of a person for a credit under IC 6-3.1-28.
In addition, as used in this section, "person" refers to a taxpayer or
a 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 the
meaning set forth in IC 4-13-16.5-1.
(e) As used in this section, "women's business enterprise" has the
meaning 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 facility
for the production of biodiesel, blended biodiesel, or ethanol in
Indiana after February 28, 2005; and
(2) wishes to claim a tax credit with respect to that facility or
the expansion of a facility under any combination of
IC 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's
eligibility for the tax credit.
(g) Subject to this section, the corporation shall issue to each
qualifying applicant a certification that:
(1) certifies the person as eligible for the tax credits for which
the 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 must
do the following:
(1) Submit an application for the credit on the forms and in the
manner prescribed by the corporation for the credit that is the
subject of the application.
(2) Demonstrate through a business plan and other information
presented to the corporation that the level of production
proposed by the person is feasible and economically viable. In
making a determination under this subdivision, the corporation
shall consider:
(A) whether the person is sufficiently capitalized to
complete the project;
(B) the person's credit rating;
(C) whether the person has sufficient technical expertise to
build and operate a facility; and
(D) other relevant financial information as determined by the
corporation.
(i) The corporation shall record the time of filing of each
application submitted under this section. The corporation shall grant
certifications under this section to qualifying applicants in the
chronological order in which the applications for the same type of
credit are filed until the maximum allowable credit for that type of
credit is fully allocated.
(j) The corporation may terminate a certification or reduce an
allocation of a credit granted under this section only if the
corporation determines, after a hearing, that the person granted the
certification or allocation has failed to:
(1) substantially comply with the business plan that is the basis
for the certification or allocation; or
(2) submit the information needed by the corporation to
determine whether the person has substantially complied with
the business plan that is the basis of the certification or
allocation.
If an allocation of a credit is terminated or reduced, the unused credit
becomes available for allocation to other qualifying applicants in the
chronological order in which the applications for the same type of
credit are filed until the maximum allowable credit for that type of
credit is fully allocated. The corporation may approve an amendment
to a business plan or a transfer of a certificate of eligibility in
conformity with the terms and conditions specified by the
corporation in rules adopted by the corporation under IC 4-22-2.
(k) The corporation shall give the department of state revenue
written 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 with
dislocated workers
Sec. 4. The board, the corporation, and the officers and employees
of the board or corporation, when developing job creation incentive
packages to locate companies in Indiana, shall give weight, in the
awarding or approving of job creation incentives, to business entities
that locate in an area where individuals have become dislocated
workers due to a permanent closure of a plant or facility or a
significant 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 a
compliance officer whose duties are to determine and report to the
corporation whether each person that receives a job creation
incentive granted by the corporation or another agency or
instrumentality of the state (excluding any political subdivision or
other unit of local government) complies with the terms and
conditions 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 job
creation incentive to be granted by the corporation after March 31,
2010, to enter into an agreement with the corporation as a condition
of receiving the incentive. Subject to IC 5-28-28-8, the agreement
must include the following requirements:
(1) The number of individuals that are expected to be employed
by the applicant.
(2) A requirement that the applicant will file with the
compliance officer an annual compliance report detailing the
applicant's compliance, or progress toward compliance, with
subdivision (1).
(3) A provision that notifies the applicant that the applicant is
subject to a determination of the corporation under this
subdivision. The corporation, after a finding that the applicant
is employing fewer individuals than the applicant agreed to
employ under subdivision (1), subject to any confidentiality
laws, shall hold a hearing to determine if the applicant shall be
required to pay back to the state a part of the incentive granted
to the applicant under the agreement. The penalty imposed must
be a matter of public record and must reflect in a fair and
balanced way the amount of incentive received.
(4) A requirement that the applicant will pay back to the state
the incentive that has been received by the applicant if the
applicant moves or closes. As added by P.L.110-2010, SEC.9.
IC 5-28-6-7 Job creation incentive; requirement that dislocated workers be
considered for jobs created
Sec. 7. The corporation shall establish a program to ensure that
dislocated workers from Indiana are given consideration for jobs
created by business entities receiving a job creation incentive from
the state or an instrumentality of the state (excluding any political
subdivision or other unit of local government). The corporation,
including its board, shall condition job creation incentives awarded
or approved by the corporation after March 31, 2010, on compliance
with the corporation's program under this section. This requirement
must be included in an agreement entered into by the recipient and
the corporation. As added by P.L.110-2010, SEC.10.
IC 5-28-6-1 Duties of the corporation
Sec. 1. The corporation shall do the following:
(1) Create and regularly update a strategic economic
development 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 selected
initiatives.
(7) Provide for the orderly economic development and growth
of Indiana.
(8) Establish and coordinate the operation of programs
commonly available to all citizens of Indiana to implement a
strategic plan for the state's economic development and enhance
the general welfare.
(9) Evaluate and analyze the state's economy to determine the
direction of future public and private actions, and report and
make recommendations to the general assembly in an electronic
format 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 programs
designed to make the best use of Indiana resources to ensure a
balanced economy and continuing economic growth for Indiana, and,
for those purposes, may do the following:
(1) Cooperate with federal, state, and local governments and
agencies in the coordination of programs to make the best use
of Indiana resources.
(2) Receive and expend funds, grants, gifts, and contributions
of money, property, labor, interest accrued from loans made by
the corporation, and other things of value from public and
private sources, including grants from agencies and
instrumentalities of the state and the federal government. The
corporation:
(A) may accept federal grants for providing planning
assistance, making grants, or providing other services or
functions necessary to political subdivisions, planning
commissions, or other public or private organizations;
(B) shall administer these grants in accordance with the
terms of the grants; and
(C) may contract with political subdivisions, planning
commissions, or other public or private organizations to
carry out the purposes for which the grants were made.
(3) Direct that assistance, information, and advice regarding the
duties and functions of the corporation be given to the
corporation by an officer, agent, or employee of the executive
branch of the state. The head of any other state department or
agency may assign one (1) or more of the department's or
agency's employees to the corporation on a temporary basis or
may direct a division or an agency under the department's or
agency's supervision and control to make a special study or
survey requested by the corporation.
(b) The corporation shall perform the following duties:
(1) Develop and implement industrial development programs to
encourage expansion of existing industrial, commercial, and
business 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 international
plant locations in Indiana. The corporation, with the approval
of the governor, may establish foreign offices to assist in this
function.
(3) Promote the growth of minority business enterprises by
doing 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 governmental
or commercial financing for expansion or establishment of
new businesses or individual development projects.
(C) Aiding minority businesses in procuring contracts from
governmental or private sources, or both.
(D) Providing technical, managerial, and counseling
assistance to minority business enterprises.
(4) Assist the office of the lieutenant governor in:
(A) community economic development planning;
(B) implementation of programs designed to further
community economic development; and
(C) the development and promotion of Indiana's tourist
resources.
(5) Assist the secretary of agriculture and rural development in
promoting and marketing of Indiana's agricultural products and
provide assistance to the director of the Indiana state
department of agriculture.
(6) With the approval of the governor, implement federal
programs delegated to the state to carry out the purposes of this
article.
(7) Promote the growth of small businesses by doing the
following:
(A) Assisting small businesses in obtaining and preparing
the permits required to conduct business in Indiana.
(B) Serving as a liaison between small businesses and state
agencies.
(C) Providing information concerning business assistance
programs available through government agencies and private
sources.
(8) Establish a public information page on its current Internet
site on the world wide web. The page must provide the
following:
(A) By program, cumulative information on the total amount
of incentives awarded, the total number of companies that
received the incentives and were assisted in a year, and the
names and addresses of those companies.
(B) A mechanism on the page whereby the public may
request further information online about specific programs
or incentives awarded.
(C) A mechanism for the public to receive an electronic
response.
(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 and
the implementation of programs designed to further community
economic 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 intent
related to use of women and minority business enterprises as
vendors
Sec. 3. (a) The general assembly declares that the opportunity for
the participation of underutilized small businesses, especially women
and minority business enterprises, in the biodiesel and ethanol
production industries is essential if social and economic parity is to
be obtained by women and minority business persons and if the
economy of Indiana is to be stimulated as contemplated by this
section, IC 6-3.1-27, and IC 6-3.1-28. A recipient of a credit under
this chapter is encouraged to purchase goods and services from
underutilized small businesses, especially women and minority
business enterprises.
(b) The definitions in IC 6-3.1-27 and IC 6-3.1-28 apply
throughout this section. A term used in this section that is defined in
both 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 certification
of a person for a credit under IC 6-3.1-27; and
(2) IC 6-3.1-28 whenever this section applies to the certification
of a person for a credit under IC 6-3.1-28.
In addition, as used in this section, "person" refers to a taxpayer or
a 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 the
meaning set forth in IC 4-13-16.5-1.
(e) As used in this section, "women's business enterprise" has the
meaning 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 facility
for the production of biodiesel, blended biodiesel, or ethanol in
Indiana after February 28, 2005; and
(2) wishes to claim a tax credit with respect to that facility or
the expansion of a facility under any combination of
IC 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's
eligibility for the tax credit.
(g) Subject to this section, the corporation shall issue to each
qualifying applicant a certification that:
(1) certifies the person as eligible for the tax credits for which
the 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 must
do the following:
(1) Submit an application for the credit on the forms and in the
manner prescribed by the corporation for the credit that is the
subject of the application.
(2) Demonstrate through a business plan and other information
presented to the corporation that the level of production
proposed by the person is feasible and economically viable. In
making a determination under this subdivision, the corporation
shall consider:
(A) whether the person is sufficiently capitalized to
complete the project;
(B) the person's credit rating;
(C) whether the person has sufficient technical expertise to
build and operate a facility; and
(D) other relevant financial information as determined by the
corporation.
(i) The corporation shall record the time of filing of each
application submitted under this section. The corporation shall grant
certifications under this section to qualifying applicants in the
chronological order in which the applications for the same type of
credit are filed until the maximum allowable credit for that type of
credit is fully allocated.
(j) The corporation may terminate a certification or reduce an
allocation of a credit granted under this section only if the
corporation determines, after a hearing, that the person granted the
certification or allocation has failed to:
(1) substantially comply with the business plan that is the basis
for the certification or allocation; or
(2) submit the information needed by the corporation to
determine whether the person has substantially complied with
the business plan that is the basis of the certification or
allocation.
If an allocation of a credit is terminated or reduced, the unused credit
becomes available for allocation to other qualifying applicants in the
chronological order in which the applications for the same type of
credit are filed until the maximum allowable credit for that type of
credit is fully allocated. The corporation may approve an amendment
to a business plan or a transfer of a certificate of eligibility in
conformity with the terms and conditions specified by the
corporation in rules adopted by the corporation under IC 4-22-2.
(k) The corporation shall give the department of state revenue
written 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 with
dislocated workers
Sec. 4. The board, the corporation, and the officers and employees
of the board or corporation, when developing job creation incentive
packages to locate companies in Indiana, shall give weight, in the
awarding or approving of job creation incentives, to business entities
that locate in an area where individuals have become dislocated
workers due to a permanent closure of a plant or facility or a
significant 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 a
compliance officer whose duties are to determine and report to the
corporation whether each person that receives a job creation
incentive granted by the corporation or another agency or
instrumentality of the state (excluding any political subdivision or
other unit of local government) complies with the terms and
conditions 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 job
creation incentive to be granted by the corporation after March 31,
2010, to enter into an agreement with the corporation as a condition
of receiving the incentive. Subject to IC 5-28-28-8, the agreement
must include the following requirements:
(1) The number of individuals that are expected to be employed
by the applicant.
(2) A requirement that the applicant will file with the
compliance officer an annual compliance report detailing the
applicant's compliance, or progress toward compliance, with
subdivision (1).
(3) A provision that notifies the applicant that the applicant is
subject to a determination of the corporation under this
subdivision. The corporation, after a finding that the applicant
is employing fewer individuals than the applicant agreed to
employ under subdivision (1), subject to any confidentiality
laws, shall hold a hearing to determine if the applicant shall be
required to pay back to the state a part of the incentive granted
to the applicant under the agreement. The penalty imposed must
be a matter of public record and must reflect in a fair and
balanced way the amount of incentive received.
(4) A requirement that the applicant will pay back to the state
the incentive that has been received by the applicant if the
applicant moves or closes. As added by P.L.110-2010, SEC.9.
IC 5-28-6-7 Job creation incentive; requirement that dislocated workers be
considered for jobs created
Sec. 7. The corporation shall establish a program to ensure that
dislocated workers from Indiana are given consideration for jobs
created by business entities receiving a job creation incentive from
the state or an instrumentality of the state (excluding any political
subdivision or other unit of local government). The corporation,
including its board, shall condition job creation incentives awarded
or approved by the corporation after March 31, 2010, on compliance
with the corporation's program under this section. This requirement
must be included in an agreement entered into by the recipient and
the corporation. As added by P.L.110-2010, SEC.10.
