Introduced Version
SENATE BILL No. 127
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-14-3; IC 5-28.
Synopsis: Economic development incentive accountability. Adds
various job and employee definitions to the Indiana economic
development corporation (IEDC) laws. Requires that all records related
to taxpayer funded economic development incentives must be disclosed
under the open records law. Requires that the IEDC's annual job
creation incentives and compliance report must be published on the
Indiana transparency portal Internet web site. Requires the IEDC and
the department of state revenue to compile information on all job
creation incentives granted, including the total amount of uncollected
or diverted state tax revenues resulting from each incentive, and
requires that this information must be included as part of the IEDC's
annual job creation incentives and compliance report. Requires the
IEDC to recapture job creation incentives from a recipient that: (1) fails
to make the level of capital investment; (2) fails to create or retain the
promised number of jobs; or (3) pays less in wages; than specified in
an incentive agreement. Requires the IEDC to compile information on
all recapture activities and incentives recouped from unfulfilled
commitments and to include the information as part of the IEDC's
annual job creation incentives and compliance report. Requires
incentive recipients to prepare an annual compliance report on the
number of jobs created or retained, employee pay, and various other
information concerning the use of the incentives, and requires the
IEDC to compile this information and include it in the IEDC's annual
job creation incentives and compliance report. Repeals and replaces the
definition of "job creation incentive" without change to maintain
alphabetical order.
Effective: July 1, 2024.
Taylor G
January 8, 2024, read first time and referred to Committee on Commerce and Technology.
2024 IN 127—LS 6436/DI 120 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 127
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-3-3.4 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 3.4. Any information that is provided to the Indiana
4 economic development corporation in an incentive recipient's
5 annual compliance report under IC 5-28-28-11 must be available
6 for inspection and copying under section 3 of this chapter.
7 SECTION 2. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
10 from section 3 of this chapter and may not be disclosed by a public
11 agency, unless access to the records is specifically required by a state
12 or federal statute or is ordered by a court under the rules of discovery:
13 (1) Those declared confidential by state statute.
14 (2) Those declared confidential by rule adopted by a public
15 agency under specific authority to classify public records as
16 confidential granted to the public agency by statute.
17 (3) Those required to be kept confidential by federal law.
2024 IN 127—LS 6436/DI 120 2
1 (4) Records containing trade secrets.
2 (5) Confidential financial information obtained, upon request,
3 from a person. However, this does not include information that is
4 filed with or received by a public agency pursuant to state statute.
5 (6) Information concerning research, including actual research
6 documents, conducted under the auspices of a state educational
7 institution, including information:
8 (A) concerning any negotiations made with respect to the
9 research; and
10 (B) received from another party involved in the research.
11 (7) Grade transcripts and license examination scores obtained as
12 part of a licensure process.
13 (8) Those declared confidential by or under rules adopted by the
14 supreme court of Indiana.
15 (9) Patient medical records and charts created by a provider,
16 unless the patient gives written consent under IC 16-39 or as
17 provided under IC 16-41-8.
18 (10) Application information declared confidential by the Indiana
19 economic development corporation under IC 5-28.
20 (11) A photograph, a video recording, or an audio recording of an
21 autopsy, except as provided in IC 36-2-14-10.
22 (12) A Social Security number contained in the records of a
23 public agency.
24 (13) The following information that is part of a foreclosure action
25 subject to IC 32-30-10.5:
26 (A) Contact information for a debtor, as described in
27 IC 32-30-10.5-8(d)(1)(B).
28 (B) Any document submitted to the court as part of the debtor's
29 loss mitigation package under IC 32-30-10.5-10(a)(3).
30 (14) The following information obtained from a call made to a
31 fraud hotline established under IC 36-1-8-8.5:
32 (A) The identity of any individual who makes a call to the
33 fraud hotline.
34 (B) A report, transcript, audio recording, or other information
35 concerning a call to the fraud hotline.
36 However, records described in this subdivision may be disclosed
37 to a law enforcement agency, a private university police
38 department, the attorney general, the inspector general, the state
39 examiner, or a prosecuting attorney.
40 (15) Information described in section 5(c)(3)(B) of this chapter
41 that is contained in a daily log or record described in section 5(c)
42 of this chapter for a victim of a crime or delinquent act who is less
2024 IN 127—LS 6436/DI 120 3
1 than eighteen (18) years of age, unless and to the extent that:
2 (A) a parent, guardian, or custodian of the victim consents in
3 writing to public disclosure of the records; and
4 (B) that parent, guardian, or custodian of the victim has not
5 been charged with or convicted of committing a crime against
6 the victim.
7 However, records described in this subdivision may be disclosed
8 to the department of child services.
9 (b) Except as otherwise provided by subsection (a), the following
10 public records shall be excepted from section 3 of this chapter at the
11 discretion of a public agency:
12 (1) Investigatory records of law enforcement agencies or private
13 university police departments. For purposes of this chapter, a law
14 enforcement recording is not an investigatory record. However,
15 information described in subsection (a)(15) contained in a law
16 enforcement recording is exempt from disclosure, unless and to
17 the extent that a parent, guardian, or custodian of the victim
18 consents in writing to public disclosure of the records. However,
19 a parent, guardian, or custodian charged with or convicted of a
20 crime against the victim may not consent to public disclosure of
21 the records. Law enforcement agencies or private university
22 police departments may share investigatory records with a:
23 (A) person who advocates on behalf of a crime victim,
24 including a victim advocate (as defined in IC 35-37-6-3.5) or
25 a victim service provider (as defined in IC 35-37-6-5), for the
26 purposes of providing services to a victim or describing
27 services that may be available to a victim; and
28 (B) school corporation (as defined by IC 20-18-2-16(a)),
29 charter school (as defined by IC 20-24-1-4), or nonpublic
30 school (as defined by IC 20-18-2-12) for the purpose of
31 enhancing the safety or security of a student or a school
32 facility;
33 without the law enforcement agency or private university police
34 department losing its discretion to keep those records confidential
35 from other records requesters. However, certain law enforcement
36 records must be made available for inspection and copying as
37 provided in section 5 of this chapter.
38 (2) The work product of an attorney representing, pursuant to
39 state employment or an appointment by a public agency:
40 (A) a public agency;
41 (B) the state; or
42 (C) an individual.
2024 IN 127—LS 6436/DI 120 4
1 (3) Test questions, scoring keys, and other examination data used
2 in administering a licensing examination, examination for
3 employment, or academic examination before the examination is
4 given or if it is to be given again.
5 (4) Scores of tests if the person is identified by name and has not
6 consented to the release of the person's scores.
7 (5) The following:
8 (A) Records relating to negotiations between:
9 (i) the Indiana economic development corporation;
10 (ii) the ports of Indiana;
11 (iii) the Indiana state department of agriculture;
12 (iv) the Indiana finance authority;
13 (v) an economic development commission;
14 (vi) the Indiana White River state park development
15 commission;
16 (vii) a local economic development organization that is a
17 nonprofit corporation established under state law whose
18 primary purpose is the promotion of industrial or business
19 development in Indiana, the retention or expansion of
20 Indiana businesses, or the development of entrepreneurial
21 activities in Indiana; or
22 (viii) a governing body of a political subdivision;
23 with industrial, research, or commercial prospects, if the
24 records are created while negotiations are in progress.
25 However, this clause does not apply to records regarding
26 research that is prohibited under IC 16-34.5-1-2 or any other
27 law.
28 (B) Notwithstanding clause (A), the terms of the final offer of
29 public financial resources communicated by the Indiana
30 economic development corporation, the ports of Indiana, the
31 Indiana finance authority, an economic development
32 commission, the Indiana White River state park development
33 commission, or a governing body of a political subdivision to
34 an industrial, a research, or a commercial prospect shall be
35 available for inspection and copying under section 3 of this
36 chapter after negotiations with that prospect have terminated.
37 (C) When disclosing a final offer under clause (B), the Indiana
38 economic development corporation shall certify that the
39 information being disclosed accurately and completely
40 represents the terms of the final offer.
41 (D) Notwithstanding clause (A), an incentive agreement with
42 an incentive recipient shall be available for inspection and
2024 IN 127—LS 6436/DI 120 5
1 copying under section 3 of this chapter after the date the
2 incentive recipient and the Indiana economic development
3 corporation execute the incentive agreement regardless of
4 whether negotiations are in progress with the recipient after
5 that date regarding a modification or extension of the incentive
6 agreement.
7 This subdivision does not apply to any information submitted
8 by a recipient of an incentive granted by the Indiana economic
9 development corporation to comply with the reporting
10 requirements of IC 5-28-28-11.
11 (6) Records that are intra-agency or interagency advisory or
12 deliberative material, including material developed by a private
13 contractor under a contract with a public agency, that are
14 expressions of opinion or are of a speculative nature, and that are
15 communicated for the purpose of decision making.
16 (7) Diaries, journals, or other personal notes serving as the
17 functional equivalent of a diary or journal.
18 (8) Personnel files of public employees and files of applicants for
19 public employment, except for:
20 (A) the name, compensation, job title, business address,
21 business telephone number, job description, education and
22 training background, previous work experience, or dates of
23 first and last employment of present or former officers or
24 employees of the agency;
25 (B) information relating to the status of any formal charges
26 against the employee; and
27 (C) the factual basis for a disciplinary action in which final
28 action has been taken and that resulted in the employee being
29 suspended, demoted, or discharged.
30 However, all personnel file information shall be made available
31 to the affected employee or the employee's representative. This
32 subdivision does not apply to disclosure of personnel information
33 generally on all employees or for groups of employees without the
34 request being particularized by employee name.
35 (9) Minutes or records of hospital medical staff meetings.
36 (10) Administrative or technical information that would
37 jeopardize a record keeping system, voting system, voter
38 registration system, or security system.
39 (11) Computer programs, computer codes, computer filing
40 systems, and other software that are owned by the public agency
41 or entrusted to it and portions of electronic maps entrusted to a
42 public agency by a utility.
2024 IN 127—LS 6436/DI 120 6
1 (12) Records specifically prepared for discussion or developed
2 during discussion in an executive session under IC 5-14-1.5-6.1.
3 However, this subdivision does not apply to that information
4 required to be available for inspection and copying under
5 subdivision (8).
6 (13) The work product of the legislative services agency under
7 personnel rules approved by the legislative council.
8 (14) The work product of individual members and the partisan
9 staffs of the general assembly.
10 (15) The identity of a donor of a gift made to a public agency if:
11 (A) the donor requires nondisclosure of the donor's identity as
12 a condition of making the gift; or
13 (B) after the gift is made, the donor or a member of the donor's
14 family requests nondisclosure.
15 (16) Library or archival records:
16 (A) which can be used to identify any library patron; or
17 (B) deposited with or acquired by a library upon a condition
18 that the records be disclosed only:
19 (i) to qualified researchers;
20 (ii) after the passing of a period of years that is specified in
21 the documents under which the deposit or acquisition is
22 made; or
23 (iii) after the death of persons specified at the time of the
24 acquisition or deposit.
25 However, nothing in this subdivision shall limit or affect contracts
26 entered into by the Indiana state library pursuant to IC 4-1-6-8.
27 (17) The identity of any person who contacts the bureau of motor
28 vehicles concerning the ability of a driver to operate a motor
29 vehicle safely and the medical records and evaluations made by
30 the bureau of motor vehicles staff or members of the driver
31 licensing medical advisory board regarding the ability of a driver
32 to operate a motor vehicle safely. However, upon written request
33 to the commissioner of the bureau of motor vehicles, the driver
34 must be given copies of the driver's medical records and
35 evaluations.
36 (18) School safety and security measures, plans, and systems,
37 including emergency preparedness plans developed under 511
38 IAC 6.1-2-2.5.
39 (19) A record or a part of a record, the public disclosure of which
40 would have a reasonable likelihood of threatening public safety
41 by exposing a vulnerability to terrorist attack. A record described
42 under this subdivision includes the following:
2024 IN 127—LS 6436/DI 120 7
1 (A) A record assembled, prepared, or maintained to prevent,
2 mitigate, or respond to an act of terrorism under IC 35-47-12-1
3 (before its repeal), an act of agricultural terrorism under
4 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
5 (as defined in IC 35-50-2-18).
6 (B) Vulnerability assessments.
7 (C) Risk planning documents.
8 (D) Needs assessments.
9 (E) Threat assessments.
10 (F) Intelligence assessments.
11 (G) Domestic preparedness strategies.
12 (H) The location of community drinking water wells and
13 surface water intakes.
14 (I) The emergency contact information of emergency
15 responders and volunteers.
16 (J) Infrastructure records that disclose the configuration of
17 critical systems such as voting system and voter registration
18 system critical infrastructure, and communication, electrical,
19 ventilation, water, and wastewater systems.
20 (K) Detailed drawings or specifications of structural elements,
21 floor plans, and operating, utility, or security systems, whether
22 in paper or electronic form, of any building or facility located
23 on an airport (as defined in IC 8-21-1-1) that is owned,
24 occupied, leased, or maintained by a public agency, or any part
25 of a law enforcement recording that captures information
26 about airport security procedures, areas, or systems. A record
27 described in this clause may not be released for public
28 inspection by any public agency without the prior approval of
29 the public agency that owns, occupies, leases, or maintains the
30 airport. Both of the following apply to the public agency that
31 owns, occupies, leases, or maintains the airport:
32 (i) The public agency is responsible for determining whether
33 the public disclosure of a record or a part of a record,
34 including a law enforcement recording, has a reasonable
35 likelihood of threatening public safety by exposing a
36 security procedure, area, system, or vulnerability to terrorist
37 attack.
38 (ii) The public agency must identify a record described
39 under item (i) and clearly mark the record as "confidential
40 and not subject to public disclosure under
41 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
42 submitting public agency)". However, in the case of a law
2024 IN 127—LS 6436/DI 120 8
1 enforcement recording, the public agency must clearly mark
2 the record as "confidential and not subject to public
3 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
4 (insert name of the public agency that owns, occupies,
5 leases, or maintains the airport)".
6 (L) The home address, home telephone number, and
7 emergency contact information for any:
8 (i) emergency management worker (as defined in
9 IC 10-14-3-3);
10 (ii) public safety officer (as defined in IC 35-47-4.5-3);
11 (iii) emergency medical responder (as defined in
12 IC 16-18-2-109.8); or
13 (iv) advanced emergency medical technician (as defined in
14 IC 16-18-2-6.5).
15 This subdivision does not apply to a record or portion of a record
16 pertaining to a location or structure owned or protected by a
17 public agency in the event that an act of terrorism under
18 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
19 under IC 35-47-12-2 (before its repeal), or a felony terrorist
20 offense (as defined in IC 35-50-2-18) has occurred at that location
21 or structure, unless release of the record or portion of the record
22 would have a reasonable likelihood of threatening public safety
23 by exposing a vulnerability of other locations or structures to
24 terrorist attack.
25 (20) The following personal information concerning a customer
26 of a municipally owned utility (as defined in IC 8-1-2-1):
27 (A) Telephone number.
28 (B) Address.
29 (C) Social Security number.
30 (21) The following personal information about a complainant
31 contained in records of a law enforcement agency:
32 (A) Telephone number.
33 (B) The complainant's address. However, if the complainant's
34 address is the location of the suspected crime, infraction,
35 accident, or complaint reported, the address shall be made
36 available for public inspection and copying.
37 (22) Notwithstanding subdivision (8)(A), the name,
38 compensation, job title, business address, business telephone
39 number, job description, education and training background,
40 previous work experience, or dates of first employment of a law
41 enforcement officer who is operating in an undercover capacity.
42 (23) Records requested by an offender, an agent, or a relative of
2024 IN 127—LS 6436/DI 120 9
1 an offender that:
2 (A) contain personal information relating to:
3 (i) a correctional officer (as defined in IC 5-10-10-1.5);
4 (ii) a probation officer;
5 (iii) a community corrections officer;
6 (iv) a law enforcement officer (as defined in
7 IC 35-31.5-2-185);
8 (v) a judge (as defined in IC 33-38-12-3);
9 (vi) the victim of a crime; or
10 (vii) a family member of a correctional officer, probation
11 officer, community corrections officer, law enforcement
12 officer (as defined in IC 35-31.5-2-185), judge (as defined
13 in IC 33-38-12-3), or victim of a crime; or
14 (B) concern or could affect the security of a jail or correctional
15 facility.
16 For purposes of this subdivision, "agent" means a person who is
17 authorized by an offender to act on behalf of, or at the direction
18 of, the offender, and "relative" has the meaning set forth in
19 IC 35-42-2-1(b). However, the term "agent" does not include an
20 attorney in good standing admitted to the practice of law in
21 Indiana.
22 (24) Information concerning an individual less than eighteen (18)
23 years of age who participates in a conference, meeting, program,
24 or activity conducted or supervised by a state educational
25 institution, including the following information regarding the
26 individual or the individual's parent or guardian:
27 (A) Name.
28 (B) Address.
29 (C) Telephone number.
30 (D) Electronic mail account address.
31 (25) Criminal intelligence information.
32 (26) The following information contained in a report of unclaimed
33 property under IC 32-34-1.5-18 or in a claim for unclaimed
34 property under IC 32-34-1.5-48:
35 (A) Date of birth.
36 (B) Driver's license number.
37 (C) Taxpayer identification number.
38 (D) Employer identification number.
39 (E) Account number.
40 (27) Except as provided in subdivision (19) and sections 5.1 and
41 5.2 of this chapter, a law enforcement recording. However, before
42 disclosing the recording, the public agency must comply with the
2024 IN 127—LS 6436/DI 120 10
1 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
2 applicable.
3 (28) Records relating to negotiations between a state educational
4 institution and another entity concerning the establishment of a
5 collaborative relationship or venture to advance the research,
6 engagement, or educational mission of the state educational
7 institution, if the records are created while negotiations are in
8 progress. The terms of the final offer of public financial resources
9 communicated by the state educational institution to an industrial,
10 a research, or a commercial prospect shall be available for
11 inspection and copying under section 3 of this chapter after
12 negotiations with that prospect have terminated. However, this
13 subdivision does not apply to records regarding research
14 prohibited under IC 16-34.5-1-2 or any other law.
15 (c) Nothing contained in subsection (b) shall limit or affect the right
16 of a person to inspect and copy a public record required or directed to
17 be made by any statute or by any rule of a public agency.
18 (d) Notwithstanding any other law, a public record that is classified
19 as confidential, other than a record concerning an adoption or patient
20 medical records, shall be made available for inspection and copying
21 seventy-five (75) years after the creation of that record.
22 (e) Only the content of a public record may form the basis for the
23 adoption by any public agency of a rule or procedure creating an
24 exception from disclosure under this section.
25 (f) Except as provided by law, a public agency may not adopt a rule
26 or procedure that creates an exception from disclosure under this
27 section based upon whether a public record is stored or accessed using
28 paper, electronic media, magnetic media, optical media, or other
29 information storage technology.
30 (g) Except as provided by law, a public agency may not adopt a rule
31 or procedure nor impose any costs or liabilities that impede or restrict
32 the reproduction or dissemination of any public record.
33 (h) Notwithstanding subsection (d) and section 7 of this chapter:
34 (1) public records subject to IC 5-15 may be destroyed only in
35 accordance with record retention schedules under IC 5-15; or
36 (2) public records not subject to IC 5-15 may be destroyed in the
37 ordinary course of business.
38 SECTION 3. IC 5-28-2-4.1 IS ADDED TO THE INDIANA CODE
39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40 1, 2024]: Sec. 4.1. "Full-time employee" has the meaning set forth
41 in IC 6-3.1-13-4.
42 SECTION 4. IC 5-28-2-4.2 IS ADDED TO THE INDIANA CODE
2024 IN 127—LS 6436/DI 120 11
1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2 1, 2024]: Sec. 4.2. (a) "Full-time, permanent job" means
3 employment in which a new employee works for the recipient of a
4 job creation incentive as a full-time employee without any expected
5 date of termination.
6 (b) The term does not include a temporary job.
7 SECTION 5. IC 5-28-2-4.5 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2024]: Sec. 4.5. "Job creation incentive" means a tax credit, tax
10 deduction, grant, loan, or loan guarantee that a statute authorizes
11 the state or an instrumentality of the state, excluding any political
12 subdivision or other unit of local government, to award or approve
13 for the purpose of encouraging the creation of new jobs in Indiana.
14 SECTION 6. IC 5-28-2-4.6 IS ADDED TO THE INDIANA CODE
15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16 1, 2024]: Sec. 4.6. "Job creation incentive agreement" or "incentive
17 agreement" means any agreement executed by the corporation and
18 the recipient of a job creation incentive setting forth the terms and
19 conditions of any job creation incentive to be provided to the
20 recipient.
21 SECTION 7. IC 5-28-2-4.7 IS ADDED TO THE INDIANA CODE
22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
23 1, 2024]: Sec. 4.7. "New employee" means a full-time employee
24 who:
25 (1) is first employed by the recipient of a job creation
26 incentive at the specific project site that is the subject of the
27 job creation incentive agreement executed by the corporation
28 and the applicant; and
29 (2) is employed by the recipient of a job creation incentive
30 after the recipient enters into the job creation incentive
31 agreement.
32 SECTION 8. IC 5-28-2-4.8 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2024]: Sec. 4.8. "Part-time job" means employment in which a
35 new employee works for the recipient of a job creation incentive
36 for fewer hours each week than the number of hours necessary to
37 be considered a full-time employee.
38 SECTION 9. IC 5-28-2-4.9 IS ADDED TO THE INDIANA CODE
39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40 1, 2024]: Sec. 4.9. "Retained employee" means any employee:
41 (1) who has a full-time or full-time equivalent job at a specific
42 facility or site;
2024 IN 127—LS 6436/DI 120 12
1 (2) the continuance of whose job is threatened by a specific
2 and demonstrable threat, as specified by the applicant in the
3 application for a job creation incentive; and
4 (3) whose job is preserved.
5 SECTION 10. IC 5-28-2-5.5 IS REPEALED [EFFECTIVE JULY
6 1, 2024]. Sec. 5.5. "Job creation incentive" means a tax credit, tax
7 deduction, grant, loan, or loan guarantee that a statute authorizes the
8 state or an instrumentality of the state (excluding any political
9 subdivision or other unit of local government) to award or approve for
10 the purpose of encouraging the creation of new jobs in Indiana.
11 SECTION 11. IC 5-28-2-7.8 IS ADDED TO THE INDIANA CODE
12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
13 1, 2024]: Sec. 7.8. "Temporary job" means employment in which
14 a new employee is hired for a specific duration of time or season.
15 SECTION 12. IC 5-28-5-9, AS ADDED BY P.L.4-2005, SECTION
16 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
17 2024]: Sec. 9. (a) Except as specifically provided by law, the
18 corporation and the board are subject to IC 5-14-1.5 and IC 5-14-3.
19 (b) All records required to be prepared or maintained under
20 this article, including any cost analyses, audits, recipient
21 compliance reports, and any other records or proceedings of the
22 corporation, must be disclosed as provided under IC 5-14-3. In
23 addition, if the corporation contracts with an entity to perform a
24 cost analysis as part of a determination by the corporation of
25 whether to provide a job creation incentive and the estimated
26 contract price exceeds twenty-five thousand dollars ($25,000), that
27 cost analysis must be disclosed as provided under IC 5-14-3.
28 SECTION 13. IC 5-28-6-2, AS AMENDED BY P.L.197-2021,
29 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 2. (a) The corporation shall develop and promote
31 programs designed to make the best use of Indiana resources to ensure
32 a balanced economy and continuing economic growth for Indiana, and,
33 for those purposes, may do the following:
34 (1) Cooperate with federal, state, and local governments and
35 agencies in the coordination of programs to make the best use of
36 Indiana resources, based on a statewide study to determine
37 specific economic sectors that should be emphasized by the state
38 and by local economic development organizations within
39 geographic regions in Indiana, and encourage collaboration with
40 local economic development organizations within geographic
41 regions in Indiana and with the various state economic
42 development organizations within the states contiguous to
2024 IN 127—LS 6436/DI 120 13
1 Indiana.
2 (2) Receive and expend funds, grants, gifts, and contributions of
3 money, property, labor, interest accrued from loans made by the
4 corporation, and other things of value from public and private
5 sources, including grants from agencies and instrumentalities of
6 the state and the federal government. The corporation:
7 (A) may accept federal grants for providing planning
8 assistance, making grants, or providing other services or
9 functions necessary to political subdivisions, planning
10 commissions, or other public or private organizations;
11 (B) shall administer these grants in accordance with the terms
12 of the grants; and
13 (C) may contract with political subdivisions, planning
14 commissions, or other public or private organizations to carry
15 out the purposes for which the grants were made.
16 (3) Direct that assistance, information, and advice regarding the
17 duties and functions of the corporation be given to the corporation
18 by an officer, agent, or employee of the executive branch of the
19 state. The head of any other state department or agency may
20 assign one (1) or more of the department's or agency's employees
21 to the corporation on a temporary basis or may direct a division
22 or an agency under the department's or agency's supervision and
23 control to make a special study or survey requested by the
24 corporation.
25 (b) The corporation shall perform the following duties:
26 (1) Develop and implement industrial development programs to
27 encourage expansion of existing industrial, commercial, and
28 business facilities in Indiana and to encourage new industrial,
29 commercial, and business locations in Indiana.
30 (2) Assist businesses and industries in acquiring, improving, and
31 developing overseas markets and encourage international plant
32 locations in Indiana. The corporation, with the approval of the
33 governor, may establish foreign offices to assist in this function.
34 (3) Promote the growth of minority business enterprises by doing
35 the following:
36 (A) Mobilizing and coordinating the activities, resources, and
37 efforts of governmental and private agencies, businesses, trade
38 associations, institutions, and individuals.
39 (B) Assisting minority businesses in obtaining governmental
40 or commercial financing for expansion or establishment of
41 new businesses or individual development projects.
42 (C) Aiding minority businesses in procuring contracts from
2024 IN 127—LS 6436/DI 120 14
1 governmental or private sources, or both.
2 (D) Providing technical, managerial, and counseling assistance
3 to minority business enterprises.
4 (4) Assist the office of the lieutenant governor in:
5 (A) community economic development planning;
6 (B) implementation of programs designed to further
7 community economic development; and
8 (C) the development and promotion of Indiana's tourist
9 resources.
10 (5) Assist the secretary of agriculture and rural development in
11 promoting and marketing of Indiana's agricultural products and
12 provide assistance to the director of the Indiana state department
13 of agriculture.
14 (6) With the approval of the governor, implement federal
15 programs delegated to the state to carry out the purposes of this
16 article.
17 (7) Promote the growth of small businesses by doing the
18 following:
19 (A) Assisting small businesses in obtaining and preparing the
20 permits required to conduct business in Indiana.
21 (B) Serving as a liaison between small businesses and state
22 agencies.
23 (C) Providing information concerning business assistance
24 programs available through government agencies and private
25 sources.
26 (8) Establish a transparency portal on its current Internet site on
27 the world wide web. The page must provide the following:
28 (A) By program, cumulative information on the total amount
29 of incentives awarded, the total number of companies that
30 received the incentives and were assisted in a year, and the
31 names and addresses of those companies.
32 (A) The annual job creation incentives and compliance
33 report required by IC 5-28-28-5.
34 (B) A mechanism on the page whereby the public may request
35 further information online about specific programs or
36 incentives awarded.
37 (C) A mechanism for the public to receive an electronic
38 response.
39 (D) Access to the following:
40 (i) Any information or report that is required by statute to be
41 included in the economic incentives and compliance report
42 submitted under IC 5-28-28.
2024 IN 127—LS 6436/DI 120 15
1 (ii) Final offer of public financial resources to which the
2 corporation is a party.
3 (iii) Reports that the corporation submitted to the general
4 assembly.
5 (c) The corporation may do the following:
6 (1) Disseminate information concerning the industrial,
7 commercial, governmental, educational, cultural, recreational,
8 agricultural, and other advantages of Indiana.
9 (2) Plan, direct, and conduct research activities.
10 (3) Assist in community economic development planning and the
11 implementation of programs designed to further community
12 economic development.
13 SECTION 14. IC 5-28-6-6, AS AMENDED BY P.L.175-2013,
14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 6. The corporation shall require an applicant for
16 a job creation incentive to be granted by the corporation after March
17 31, 2010, to enter into an a job creation incentive agreement with the
18 corporation as a condition of receiving the incentive. Subject to
19 IC 5-28-28-8, the agreement must include the following:
20 (1) The applicant's agreement regarding the following:
21 (A) The number of individuals that are expected to be
22 employed by the applicant, including the number of employees
23 who will be hired, retained, or trained during the duration of
24 the agreement.
25 (B) If a financial investment by an applicant is a condition for
26 providing an incentive, the amount of the financial investment
27 that the applicant expects to make in Indiana as a result of the
28 project for which the incentive is granted.
29 (2) A requirement that the applicant shall file with the compliance
30 officer an annual compliance report, detailing the applicant's
31 compliance, or progress toward compliance, with subdivision (1).
32 as required by IC 5-28-28-11.
33 (3) A provision that notifies the applicant that the applicant is
34 subject to a determination of the corporation under this
35 subdivision. The corporation, after a finding that the applicant is
36 employing fewer individuals than the applicant agreed to employ
37 or that the applicant has not made the financial investment agreed
38 to under subdivision (1), subject to any confidentiality laws, shall
39 hold a hearing to determine if the applicant shall be required to
40 pay back to the state a part of the incentive granted to the
41 applicant under the agreement. The penalty imposed must be a
42 matter of public record and must reflect in a fair and balanced
2024 IN 127—LS 6436/DI 120 16
1 way the amount of incentive received.
2 (4) A requirement that recapture provision that requires the
3 applicant will to pay back to the state the job creation incentive
4 that has been received by the applicant if the applicant:
5 (A) moves or closes;
6 (B) does not make the level of capital investment specified
7 by the applicant in the application for the job creation
8 incentive;
9 (C) employs fewer individuals than specified by the
10 applicant in the application for the job creation incentive;
11 or
12 (D) pays less in wages than specified by the applicant in the
13 application for the job creation incentive.
14 SECTION 15. IC 5-28-28-5, AS AMENDED BY P.L.145-2016,
15 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 5. (a) The corporation shall:
17 (1) submit an economic prepare an annual job creation
18 incentives and compliance report for submission to:
19 (A) the governor; and
20 (B) the legislative council in an electronic format under
21 IC 5-14-6; and
22 (2) publish the report on the corporation's Internet web site and
23 on the Indiana transparency Internet web site;
24 on the schedule specified in subsection (b).
25 (b) The corporation shall submit and publish before February 1 of
26 each year an incentives and compliance report that provides updated
27 information for active incentive agreements approved and awarded
28 after January 1, 2005, through the immediately preceding calendar
29 year.
30 SECTION 16. IC 5-28-28-6, AS AMENDED BY P.L.2-2014,
31 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 6. The economic annual job creation incentives
33 and compliance report required under section 5 of this chapter must
34 include at least the following:
35 (1) The total for each of the following:
36 (A) The number and amount of tax credits, loans, and grants
37 contractually awarded by the corporation. This information
38 must also include the total amount of uncollected or
39 diverted state tax revenues resulting from each tax credit,
40 as reported to the department of state revenue on tax
41 returns filed during the state fiscal year that ends
42 immediately before the due date of the report. Before July
2024 IN 127—LS 6436/DI 120 17
1 15 each year, the department of state revenue shall submit
2 to the corporation the information necessary for the
3 corporation to include these total amounts in the
4 corporation's report.
5 (B) The amount of investments made by the recipients of the
6 tax credits, loans, and grants.
7 (C) The number of actual jobs created and the number of jobs
8 expected through the reporting year, as reviewed by an
9 independent auditing firm chosen by the corporation.
10 (D) The amount of recaptured incentives for the reporting year
11 and the total number of recipients.
12 (E) The number and amount of tax credits claimed for the
13 reporting year, as reported by the department of state revenue
14 to the corporation by December 31 of each year.
15 (2) With respect to each recipient of a tax credit, loan, or grant
16 referred to in subdivision (1), the following:
17 (A) The name, county, and municipality (if any) of the
18 recipient.
19 (B) The amount of tax credits certified to the recipient, and the
20 amount of grants and loans actually paid out, during the term
21 of the agreement.
22 (C) The purpose of the tax credit, loan, or grant.
23 (D) The performance goals for the reporting year, including
24 the following:
25 (i) Numbers of employees to be hired, retained, or trained.
26 (ii) If a financial investment by the recipient was a condition
27 for providing an incentive, the amount of the financial
28 investment that the recipient expects to make in Indiana as
29 a result of the project for which the incentive was granted.
30 (E) Certification by the corporation that the recipient is
31 complying with the terms of the incentive agreement.
32 (3) A summary of the information submitted by certified
33 technology parks as part of the corporation's review under
34 IC 36-7-32-11.
35 (4) All data in all compliance reports submitted under section
36 11 of this chapter.
37 (5) By program, cumulative information on the total amount
38 of job creation incentives awarded, the total number of
39 companies that received the job creation incentives and were
40 assisted in a year, and the names and addresses of those
41 companies.
42 SECTION 17. IC 5-28-28-7, AS AMENDED BY P.L.175-2013,
2024 IN 127—LS 6436/DI 120 18
1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 7. (a) If, in the course of compiling information to
3 complete a an annual job creation incentives and compliance report
4 required by section 5 of this chapter or upon the receipt of any other
5 information concerning noncompliance with the terms and conditions
6 of an incentive granted by the corporation, the corporation determines
7 that a recipient of an incentive awarded by the corporation has not
8 complied with the terms of the incentive agreement, the corporation
9 shall take the actions required under subsections (b) and (d).
10 (b) If the incentive is a grant or loan awarded before April 1, 2010,
11 the corporation shall determine:
12 (1) whether there was good cause for the noncompliance; and
13 (2) whether the recipient is in default.
14 If in the judgment of the corporation there is not good cause for any
15 noncompliance discovered under subsection (a), the corporation may
16 seek a refund or arrange other methods of reclaiming the grant or loan
17 from the recipient. If the corporation does seek a refund or otherwise
18 reclaims a grant or loan from the recipient under this section, the
19 amount of the refund or reclaimed part must be in proportion to the
20 degree of default by the recipient as determined by the corporation.
21 (c) Subsection (b) does not apply to a recipient of a grant or loan if:
22 (1) the grant or loan has been disbursed on a pro rata basis; and
23 (2) in the judgment of the corporation, the recipient's performance
24 in relation to the recipient's performance goals equals or exceeds
25 the ratio of the amount of the recipient's actual benefit from the
26 grant or loan to the total amount of the grant or loan originally
27 contemplated in the grant or loan award.
28 (d) If the incentive granted by the corporation was awarded after
29 March 31, 2010, the corporation shall seek a refund or arrange other
30 methods of reclaiming the value of the incentive granted by the
31 corporation from the recipient. The amount of the refund or reclaimed
32 part must be in proportion to the degree of default by the recipient as
33 determined by the corporation.
34 SECTION 18. IC 5-28-28-8, AS ADDED BY P.L.110-2010,
35 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 8. (a) As used in this section, "recapture
37 provision" means language that requires the recipient of an a job
38 creation incentive to repay some part of the incentive.
39 (b) The corporation may waive or modify a recapture provision of
40 this article or an agreement made with a person to whom the
41 corporation has awarded an a job creation incentive if the corporation
42 determines that the recipient of an the incentive awarded by the
2024 IN 127—LS 6436/DI 120 19
1 corporation has failed to meet a condition for receiving the incentive
2 because of circumstances beyond the recipient's control, including:
3 (1) natural disaster;
4 (2) unforeseen industry trends;
5 (3) lack of available labor force;
6 (4) loss of a major supplier or market; or
7 (5) another circumstance beyond the recipient's control, as
8 determined by the corporation.
9 SECTION 19. IC 5-28-28-9, AS AMENDED BY P.L.145-2016,
10 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 9. (a) The economic annual job creation
12 incentives and compliance report required under section 5 of this
13 chapter must include an annual report a part containing a summary of
14 annual statistics on the effectiveness of and compliance with all
15 incentives granted by the corporation. The part of the job creation
16 incentives and compliance report required by this section must
17 describe:
18 (1) the overall compliance with the terms and conditions of
19 incentives provided; and
20 (2) penalties imposed for failure to comply with the terms and
21 conditions of incentives provided, including a description of the
22 outcomes and effectiveness of recapture provisions, organized
23 by the job creation incentive program, along with at least the
24 following information:
25 (A) The total number of companies receiving a job creation
26 incentive.
27 (B) The total number of recipients in violation of a job
28 creation incentive agreement.
29 (C) The total number of recapture efforts initiated.
30 (D) The total number of recapture efforts completed.
31 (E) The number of recapture waivers granted.
32 The report must also be submitted to the general assembly in an
33 electronic format under IC 5-14-6.
34 (b) Upon request, the corporation shall make available as a public
35 record under IC 5-14-3:
36 (1) information specifying each person's compliance with its
37 incentive agreement and any incentive that had to be reduced or
38 paid back as a result of noncompliance with an incentive
39 agreement;
40 (2) information stating, for each incentive recipient, the total
41 incentive provided for each job created, computed from the date
42 the incentive is granted through June 30 of the year of the report;
2024 IN 127—LS 6436/DI 120 20
1 (3) information concerning all waivers or modifications under
2 section 8 of this chapter; and
3 (4) information describing all hearings and determinations under
4 IC 5-28-6-6.
5 SECTION 20. IC 5-28-28-11 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) Before July 15 each year,
8 each recipient of a job creation incentive shall submit to the
9 corporation an annual compliance report covering the immediately
10 preceding July 1 through June 30 period. A recipient that is a
11 party to multiple job creation incentive agreements for a single
12 project site may file a consolidated compliance report. A
13 compliance report must include at least the following information:
14 (1) Each application tracking number.
15 (2) The recipient's:
16 (A) office mailing address;
17 (B) telephone number; and
18 (C) six (6) digit North American Industry Classification
19 System (NAICS) code assigned to industries in the NAICS
20 Manual of the United States Office of Management and
21 Budget;
22 and the name of the recipient's chief officer or authorized
23 designee for the specific project site for which the job creation
24 incentive was approved.
25 (3) The name of the job creation incentive program and value
26 of the job creation incentive that was approved by the
27 corporation.
28 (4) The total number of the recipient's employees at the
29 specific project site on the date on which the application was
30 submitted to the corporation, and the total number of the
31 recipient's employees at the specific project site on the date of
32 the report, including, for each date:
33 (A) the number of employees with full-time, permanent
34 jobs;
35 (B) the number of employees with part-time jobs; and
36 (C) the number of employees with temporary jobs;
37 and a computation of the increase or decrease in the number
38 of employees within each category set forth in clauses (A)
39 through (C) between the date of submission of the application
40 and the date of the report.
41 (5) The number of:
42 (A) jobs for new employees that the recipient promised in
2024 IN 127—LS 6436/DI 120 21
1 the job creation incentive agreement the recipient would
2 create; and
3 (B) jobs for retained employees that the recipient promised
4 in the job creation incentive agreement the recipient would
5 retain;
6 broken down by full-time, permanent jobs, part-time jobs,
7 and temporary jobs.
8 (6) A declaration of whether the recipient is in compliance
9 with each term and condition of the job creation incentive
10 agreement.
11 (7) The following for the full-time, permanent jobs that the
12 recipient created or retained as a result of the job creation
13 incentive:
14 (A) A detailed list of:
15 (i) the occupations; or
16 (ii) job classifications;
17 of the jobs.
18 (B) A schedule of the starting dates for the new employees
19 hired for the jobs.
20 (C) The actual average wage paid to employees with the
21 jobs, broken down by occupation or job classification.
22 (D) The total payroll for new employees and retained
23 employees with these jobs.
24 (8) A narrative, if necessary, stating whether and, if so, how
25 the recipient's use of the job creation incentive during the
26 reporting year has reduced unemployment at any site in
27 Indiana.
28 (9) A certification by the chief officer of the recipient or the
29 chief officer's authorized designee that the information in the
30 compliance report contains no knowing misrepresentation of
31 material facts upon which eligibility for the job creation
32 incentive is based.
33 (10) Any other information the corporation considers
34 necessary to ensure compliance with the job creation incentive
35 program.
36 (b) The corporation may verify information contained in the
37 recipient's annual compliance report, including inspecting the
38 specific project site and inspecting the records of the recipient that
39 relate to the job creation incentive agreement.
40 (c) If a recipient of a job creation incentive fails to comply with
41 subsection (a), the corporation shall suspend all current job
42 creation incentives being provided to the recipient, effective the
2024 IN 127—LS 6436/DI 120 22
1 immediately following October 1. In addition, the corporation is
2 prohibited from completing any current job creation incentive or
3 providing any future job creation incentive until the corporation
4 receives proof that the recipient has complied with subsection (a).
2024 IN 127—LS 6436/DI 120