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 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.