CHAPTER 11.5. HISTORIC HOTEL PRESERVATION
IC 36-7-11.5
Chapter 11.5. Historic Hotel Preservation
IC 36-7-11.5-1
Definitions
Sec. 1. (a) As used in this chapter, "advisory board" refers to the
Orange County development advisory board established by section
12 of this chapter.
(b) As used in this chapter, "development commission" refers to
the Orange County development commission established by section
3.5 of this chapter.
(c) As used in this chapter, "historic hotel" has the meaning set
forth in IC 4-33-2-11.1.
(d) As used in this chapter, "hotel riverboat resort" refers to the
historic hotels, the riverboat operated under IC 4-33-6.5, and other
properties operated in conjunction with the riverboat enterprise
located in Orange County.
(e) As used in this chapter, "qualified historic hotel" refers to a
historic hotel that has an atrium that includes a dome that is at least
two hundred (200) feet in diameter.
As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007,
SEC.282.
IC 36-7-11.5-2
Application; interlocal agreement
Sec. 2. (a) This chapter applies to a town that satisfies either of
the following criteria:
(1) The town contains a qualified historic hotel.
(2) The town contains a historic hotel and is adjacent to another
town containing a qualified historic hotel.
(b) The towns described in subsection (a) may enter into an
interlocal agreement under IC 36-1-7 to establish a historic hotel
district under this chapter. The historic hotel district:
(1) may not include any area outside the county of the towns
that enter into the interlocal agreement; and
(2) consists solely of the real property that is:
(A) owned by the historic hotels; and
(B) part of the tract of land (as defined in IC 6-1.1-1-22.5)
that includes the parcel or parcels of land upon which the
historic hotel building is located.
As added by P.L.92-2003, SEC.62.
IC 36-7-11.5-3
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-3.5
Orange County development commission
Sec. 3.5. (a) The Orange County development commission is
established.
(b) The development commission consists of the following
members:
(1) An individual appointed by the legislative body of Orange
County.
(2) An individual appointed by the legislative body of the town
of French Lick.
(3) An individual appointed by the legislative body of the town
of West Baden.
(4) An individual appointed by the legislative body of the town
of Paoli.
(5) An individual appointed by the legislative body of the town
of Orleans.
(6) A nonvoting member appointed by the governor.
(c) The members of the development commission shall each serve
for a term of three (3) years. A vacancy shall be filled for the
duration of the term by the original appointing authority.
(d) Each member of the development commission must, before
beginning the discharge of the duties of the member's office, do the
following:
(1) Take an oath that the member will faithfully execute the
duties of the member's office according to Indiana law and rules
adopted under Indiana law.
(2) Provide a bond to the state:
(A) for twenty-five thousand dollars ($25,000); and
(B) that is, after being executed and approved, recorded in
the office of the secretary of state.
(e) A member of the development commission is not entitled to a
salary per diem. However, a member is entitled to reimbursement for
travel expenses incurred in connection with the member's duties, as
provided in the state travel policies and procedures established by the
department of administration and approved by the budget agency.
(f) An individual who is an employee of a county or town
described in subsection (b) may not be appointed to the development
commission until at least three (3) years after the date the individual's
employment with the county or town is terminated.
(g) An individual who is a member of any other board serving a
county or town described in subsection (b) may not be appointed to
the development commission until at least three (3) years after the
date the individual's membership on the board expires.
(h) An individual who is:
(1) employed by the hotel riverboat resort or an affiliated
business;
(2) contracted or hired to perform a service for the hotel
riverboat resort or an affiliated business; or
(3) engaged in any other form of a business relationship with
the hotel riverboat resort or an affiliated business;
may not be appointed to the development commission until at least
three (3) years after the date on which the individual's employment
or business relationship with the hotel riverboat resort or an affiliated
business is terminated.
As added by P.L.234-2007, SEC.283.
IC 36-7-11.5-4
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-5
Rules; required meetings
Sec. 5. (a) The development commission shall elect from its
membership a chairperson and vice chairperson, who shall serve for
one (1) year and may be reelected.
(b) The development commission shall adopt rules consistent with
this chapter for the transaction of its business. The rules must include
the time and place of regular meetings and a procedure for the calling
of special meetings. Three (3) voting members constitute a quorum
of the development commission. No action may be taken by the
development commission unless a majority of the voting members
appointed to the development commission vote in favor of taking the
action.
(c) All meetings of the development commission must be open to
the public, and a public record of the development commission's
resolutions, proceedings, and actions must be kept.
(d) The development commission shall employ an administrator
who shall act as the commission's secretary.
(e) The development commission shall hold regular meetings, at
least monthly, except when it has no business pending.
As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007,
SEC.284.
IC 36-7-11.5-6
Funds
Sec. 6. (a) Money acquired by the development commission is
subject to the laws concerning the deposit and safekeeping of public
money.
(b) The money of the development commission and the accounts
of each officer, employee, or other person entrusted by law with the
raising, disposition, or expenditure of the money or part of the money
are subject to examination by the state board of accounts.
As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007,
SEC.285.
IC 36-7-11.5-7
Powers and responsibilities
Sec. 7. (a) The development commission shall do the following:
(1) Employ an administrator and other professional staff
necessary to assist the development commission in carrying out
its duties.
(2) Facilitate and coordinate the development of Orange
County.
(3) Serve as a liaison between the riverboat located in a historic
hotel district and the political subdivisions located in Orange
County.
(4) Facilitate and coordinate the appropriate development of the
historical environment of the towns of French Lick and West
Baden.
(5) Establish a grant program to provide financial support to
community organizations in Orange County.
(b) The development commission may do the following:
(1) Engage consultants, attorneys, accountants, and other
professionals necessary to carry out the development
commission's duties.
(2) Award grants and low interest loans to promote economic
development through tourism in Orange County.
(c) The development commission shall:
(1) promote economic development through tourism;
(2) attract new business;
(3) improve housing; and
(4) engage in any other activity that promotes the development
of Orange County.
As added by P.L.92-2003, SEC.62. Amended by P.L.97-2004,
SEC.127; P.L.234-2007, SEC.286.
IC 36-7-11.5-8
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-9
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-10
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-11
West Baden Springs historic hotel preservation and maintenance
fund
Sec. 11. (a) As used in this section, "fund" refers to the West
Baden Springs historic hotel preservation and maintenance fund
established by subsection (b).
(b) The West Baden Springs historic hotel preservation and
maintenance fund is established. The fund consists of the following:
(1) Amounts deposited in the fund under IC 4-33-6.5-6,
IC 4-33-12-6(c), and IC 4-33-13-5(b).
(2) Grants and gifts that the department of natural resources
receives for the fund under terms, obligations, and liabilities
that the department considers appropriate.
(3) The one million dollar ($1,000,000) initial fee paid to the
gaming commission under IC 4-33-6.5.
(4) Any amount transferred to the fund upon the repeal of
IC 36-7-11.5-8 (the community trust fund).
The fund shall be administered by the department of natural
resources. The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest the money in the fund that
is not currently needed to meet the obligations of the fund in the
same manner as other public funds may be invested. The treasurer of
state shall deposit in the fund the interest that accrues from the
investment of the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(e) The interest accruing to the fund is annually appropriated to
the department of natural resources only for the following purposes:
(1) To reimburse claims made for expenditures to maintain a
qualified historic hotel, as determined by the owner of the hotel
riverboat resort.
(2) To reimburse claims made for expenditures to maintain:
(A) the grounds surrounding a qualified historic hotel;
(B) supporting buildings and structures related to a qualified
historic hotel; and
(C) other facilities used by the guests of the qualified
historic hotel;
as determined by the owner of the hotel riverboat resort.
(f) The department of natural resources shall promptly pay each
claim for a purpose described in subsection (e) to the extent of the
balance of interest available in the fund. If insufficient money is
available to fully pay all of the submitted claims, the department of
natural resources shall pay the claims in the order in which they are
received until each claim is fully paid.
(g) Notwithstanding IC 4-9.1-1-7, IC 4-12-1-12, IC 4-13-2-18, or
any other law, interest accruing to the fund may not be withheld,
transferred, assigned, or reassigned to a purpose other than the
reimbursement of claims under subsection (f).
As added by P.L.92-2003, SEC.62. Amended by P.L.97-2004,
SEC.128; P.L.234-2007, SEC.287; P.L.96-2010, SEC.5.
IC 36-7-11.5-12
Orange County development advisory board
Sec. 12. (a) The Orange County development advisory board is
established for the purpose of advising the development commission
established under section 3.5 of this chapter.
(b) The advisory board consists of five (5) members appointed as
follows:
(1) One (1) individual appointed by the speaker of the house of
representatives.
(2) One (1) individual appointed by the president pro tempore
of the senate.
(3) One (1) individual appointed by the Orange County
convention and visitors bureau.
(4) Two (2) individuals appointed by the chief operating officer
of the hotel riverboat resort.
(c) Except as provided in subsection (d), the members of the
advisory board shall each serve for a term of four (4) years. A
vacancy shall be filled for the duration of the term by the original
appointing authority.
(d) The member appointed under subsection (b)(3) shall serve an
initial term of one (1) year. As determined by the appointing
authority, the two (2) members appointed under subsection (b)(4)
shall serve initial terms of two (2) and three (3) years respectively.
(e) A member of the advisory board is not entitled to a salary per
diem. However, a member is entitled to reimbursement for travel
expenses incurred in connection with the member's duties, as
provided in the state travel policies and procedures established by the
department of administration and approved by the budget agency.
As added by P.L.234-2007, SEC.288.
IC 36-7-11.5-13
Low interest loans
Sec. 13. (a) An individual may apply for a grant or low interest
loan on a form prescribed by the development commission.
(b) A form prescribed by the development commission must be
designed to be read and easily understood by the ordinary individual.
As added by P.L.234-2007, SEC.289.