CHAPTER 17. SMALL BUSINESS DEVELOPMENT

IC 5-28-17
     Chapter 17. Small Business Development

IC 5-28-17-1
Powers and duties of corporation
    
Sec. 1. (a) The corporation shall do the following to carry out this chapter:
        (1) Contribute to the strengthening of the economy of Indiana by encouraging the organization and development of new business enterprises, including technologically oriented enterprises.
        (2) Submit an annual report to the governor and to the general assembly not later than November 1 of each year. The annual report must:
            (A) include detailed information on the structure, operation, and financial status of the corporation, including:
                (i) detailed information on the corporation's efforts to support the development of small businesses under this chapter; and
                (ii) an evaluation of the results of the corporation's efforts to encourage the development of small businesses under this chapter; and
            (B) be in an electronic format under IC 5-14-6.
        The board shall conduct an annual public hearing to receive comment from interested parties regarding the annual report, and notice of the hearing shall be given at least fourteen (14) days before the hearing in accordance with IC 5-14-1.5-5(b).
        (3) Approve and administer loans from the microenterprise partnership program fund established by IC 5-28-18.
        (4) Conduct activities for nontraditional entrepreneurs under IC 5-28-18.
        (5) Establish and administer the small and minority business financial assistance program under IC 5-28-20.
        (6) Establish and administer the microenterprise partnership program under IC 5-28-19.
        (7) Assist small businesses in obtaining state and federal tax incentives.
        (8) Maintain, through the Small Business Development Centers, a statewide network of public, private, and educational resources to, among other things, inform small businesses of the state and federal programs under which they may obtain financial assistance or realize reduced costs through programs such as the small employer health insurance pooling program under IC 27-8-5-16(8).
    (b) The corporation may do the following to carry out this chapter:
        (1) Receive money from any source, enter into contracts, and expend money for any activities appropriate to its purpose.
        (2) Do all other things necessary or incidental to carrying out the corporation's functions under this chapter.         (3) Establish programs to identify entrepreneurs with marketable ideas and to support the organization and development of new business enterprises, including technologically oriented enterprises.
        (4) Conduct conferences and seminars to provide entrepreneurs with access to individuals and organizations with specialized expertise.
        (5) Establish a statewide network of public, private, and educational resources to assist the organization and development of new enterprises.
        (6) Operate a small business assistance center to provide small businesses, including minority owned businesses and businesses owned by women, with access to managerial and technical expertise and to provide assistance in resolving problems encountered by small businesses.
        (7) Cooperate with public and private entities, including the Indiana Small Business Development Center Network and the federal government marketing program, in exercising the powers listed in this subsection.
        (8) Establish and administer the small and minority business financial assistance program under IC 5-28-20.
        (9) Approve and administer loans from the microenterprise partnership program fund established by IC 5-28-18.
        (10) Coordinate state funded programs that assist the organization and development of new enterprises.
As added by P.L.4-2005, SEC.34. Amended by P.L.56-2009, SEC.3.

IC 5-28-17-2
Debts of small business development corporation
    
Sec. 2. Debts incurred by the small business development corporation under authority of IC 4-3-12 (before its repeal) do not represent or constitute a debt of the state within the meaning of the Constitution of the State of Indiana or Indiana statutes. The corporation may not incur debt under this chapter. However, the corporation shall assume the debt of the small business development corporation that is outstanding on the date the small business development corporation is abolished.
As added by P.L.4-2005, SEC.34.

IC 5-28-17-3
Access to small business division
    
Sec. 3. The corporation's small business division described in IC 5-28-5-6.5 shall provide free access to the office's services through:
        (1) a toll free telephone number; and
        (2) an Internet web page maintained on the corporation's web site.
As added by P.L.56-2009, SEC.4.
IC 5-28-17-4
Application of chapter
    
Sec. 4. This chapter may not be construed to limit the corporation's ability to carry out its responsibilities under this chapter with respect to a business that:
        (1) the corporation considers to be a small business; and
        (2) does not meet the definition of a small business set forth in IC 5-28-2-6.
As added by P.L.56-2009, SEC.5.

IC 5-28-17-5
Small business ombudsman; designation; duties
    
Sec. 5. The board shall designate an employee in the small business division to be the small business ombudsman. The small business ombudsman serves at the pleasure of the board. The corporation shall provide staff support to the small business ombudsman. The small business ombudsman shall carry out the following duties:
        (1) Work with state agencies to permit increased enforcement flexibility and the ability to grant common sense exemptions for first time offenders of state rules and policies, including, notwithstanding any other law, policies for the compromise of interest and penalties related to a listed tax (as defined in IC 6-8.1-1-1) and other taxes and fees collected or administered by a state agency.
        (2) Work with state agencies to seek ways to consolidate forms and eliminate the duplication of paperwork, harmonize data, and coordinate due dates.
        (3) Coordinate with OMB (as defined in IC 4-3-22-3) to perform cost benefit analyses.
        (4) Work with state agencies to monitor any outdated, ineffective, or overly burdensome information requests from state agencies to small businesses.
        (5) Carry out the duties specified under IC 4-22-2-28 and IC 4-22-2.1 to review proposed rules and participate in rulemaking actions that affect small businesses.
        (6) Coordinate with the ombudsmen designated under IC 13-28-3-2 and the office of voluntary compliance established by IC 13-28-1-1 to coordinate the provision of services required under IC 4-22-2-28.1 and IC 13-28-3.
        (7) Prepare written and electronic information for periodic distribution to small businesses describing the small business services provided by coordinators (as defined in IC 4-3-22-16) and work with the office of technology established by IC 4-13.1-2-1 to place information concerning the availability of these services on state Internet web sites that the small business ombudsman or a state agency determines are most likely to be visited by small business owners and managers.
        (8) Assist in training agency coordinators that will be assigned to rules under IC 4-22-2-28.1(e).         (9) Investigate and attempt to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.
State agencies shall cooperate with the small business ombudsman to carry out the purpose of this section. The department of state revenue and the department of workforce development shall establish a program to distribute the information described in subdivision (7) to small businesses that are required to file returns or information with these state agencies.
As added by P.L.110-2010, SEC.11.