Indiana 2024 Regular Session

Indiana Senate Bill SB0127 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 127
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-14-3; IC 5-28.
7	7	Synopsis: Economic development incentive accountability. Adds
8	8	various job and employee definitions to the Indiana economic
9	9	development corporation (IEDC) laws. Requires that all records related
10	10	to taxpayer funded economic development incentives must be disclosed
11	11	under the open records law. Requires that the IEDC's annual job
12	12	creation incentives and compliance report must be published on the
13	13	Indiana transparency portal Internet web site. Requires the IEDC and
14	14	the department of state revenue to compile information on all job
15	15	creation incentives granted, including the total amount of uncollected
16	16	or diverted state tax revenues resulting from each incentive, and
17	17	requires that this information must be included as part of the IEDC's
18	18	annual job creation incentives and compliance report. Requires the
19	19	IEDC to recapture job creation incentives from a recipient that: (1) fails
20	20	to make the level of capital investment; (2) fails to create or retain the
21	21	promised number of jobs; or (3) pays less in wages; than specified in
22	22	an incentive agreement. Requires the IEDC to compile information on
23	23	all recapture activities and incentives recouped from unfulfilled
24	24	commitments and to include the information as part of the IEDC's
25	25	annual job creation incentives and compliance report. Requires
26	26	incentive recipients to prepare an annual compliance report on the
27	27	number of jobs created or retained, employee pay, and various other
28	28	information concerning the use of the incentives, and requires the
29	29	IEDC to compile this information and include it in the IEDC's annual
30	30	job creation incentives and compliance report. Repeals and replaces the
31	31	definition of "job creation incentive" without change to maintain
32	32	alphabetical order.
33	33	Effective: July 1, 2024.
34	34	Taylor G
35	35	January 8, 2024, read first time and referred to Committee on Commerce and Technology.
36	36	2024 IN 127—LS 6436/DI 120 Introduced
37	37	Second Regular Session of the 123rd General Assembly (2024)
38	38	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
39	39	Constitution) is being amended, the text of the existing provision will appear in this style type,
40	40	additions will appear in this style type, and deletions will appear in this style type.
41	41	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
42	42	provision adopted), the text of the new provision will appear in this style type. Also, the
43	43	word NEW will appear in that style type in the introductory clause of each SECTION that adds
44	44	a new provision to the Indiana Code or the Indiana Constitution.
45	45	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
46	46	between statutes enacted by the 2023 Regular Session of the General Assembly.
47	47	SENATE BILL No. 127
48	48	A BILL FOR AN ACT to amend the Indiana Code concerning state
49	49	and local administration.
50	50	Be it enacted by the General Assembly of the State of Indiana:
51	51	1 SECTION 1. IC 5-14-3-3.4 IS ADDED TO THE INDIANA CODE
52	52	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
53	53	3 1, 2024]: Sec. 3.4. Any information that is provided to the Indiana
54	54	4 economic development corporation in an incentive recipient's
55	55	5 annual compliance report under IC 5-28-28-11 must be available
56	56	6 for inspection and copying under section 3 of this chapter.
57	57	7 SECTION 2. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
58	58	8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
59	59	9 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
60	60	10 from section 3 of this chapter and may not be disclosed by a public
61	61	11 agency, unless access to the records is specifically required by a state
62	62	12 or federal statute or is ordered by a court under the rules of discovery:
63	63	13 (1) Those declared confidential by state statute.
64	64	14 (2) Those declared confidential by rule adopted by a public
65	65	15 agency under specific authority to classify public records as
66	66	16 confidential granted to the public agency by statute.
67	67	17 (3) Those required to be kept confidential by federal law.
68	68	2024 IN 127—LS 6436/DI 120 2
69	69	1 (4) Records containing trade secrets.
70	70	2 (5) Confidential financial information obtained, upon request,
71	71	3 from a person. However, this does not include information that is
72	72	4 filed with or received by a public agency pursuant to state statute.
73	73	5 (6) Information concerning research, including actual research
74	74	6 documents, conducted under the auspices of a state educational
75	75	7 institution, including information:
76	76	8 (A) concerning any negotiations made with respect to the
77	77	9 research; and
78	78	10 (B) received from another party involved in the research.
79	79	11 (7) Grade transcripts and license examination scores obtained as
80	80	12 part of a licensure process.
81	81	13 (8) Those declared confidential by or under rules adopted by the
82	82	14 supreme court of Indiana.
83	83	15 (9) Patient medical records and charts created by a provider,
84	84	16 unless the patient gives written consent under IC 16-39 or as
85	85	17 provided under IC 16-41-8.
86	86	18 (10) Application information declared confidential by the Indiana
87	87	19 economic development corporation under IC 5-28.
88	88	20 (11) A photograph, a video recording, or an audio recording of an
89	89	21 autopsy, except as provided in IC 36-2-14-10.
90	90	22 (12) A Social Security number contained in the records of a
91	91	23 public agency.
92	92	24 (13) The following information that is part of a foreclosure action
93	93	25 subject to IC 32-30-10.5:
94	94	26 (A) Contact information for a debtor, as described in
95	95	27 IC 32-30-10.5-8(d)(1)(B).
96	96	28 (B) Any document submitted to the court as part of the debtor's
97	97	29 loss mitigation package under IC 32-30-10.5-10(a)(3).
98	98	30 (14) The following information obtained from a call made to a
99	99	31 fraud hotline established under IC 36-1-8-8.5:
100	100	32 (A) The identity of any individual who makes a call to the
101	101	33 fraud hotline.
102	102	34 (B) A report, transcript, audio recording, or other information
103	103	35 concerning a call to the fraud hotline.
104	104	36 However, records described in this subdivision may be disclosed
105	105	37 to a law enforcement agency, a private university police
106	106	38 department, the attorney general, the inspector general, the state
107	107	39 examiner, or a prosecuting attorney.
108	108	40 (15) Information described in section 5(c)(3)(B) of this chapter
109	109	41 that is contained in a daily log or record described in section 5(c)
110	110	42 of this chapter for a victim of a crime or delinquent act who is less
111	111	2024 IN 127—LS 6436/DI 120 3
112	112	1 than eighteen (18) years of age, unless and to the extent that:
113	113	2 (A) a parent, guardian, or custodian of the victim consents in
114	114	3 writing to public disclosure of the records; and
115	115	4 (B) that parent, guardian, or custodian of the victim has not
116	116	5 been charged with or convicted of committing a crime against
117	117	6 the victim.
118	118	7 However, records described in this subdivision may be disclosed
119	119	8 to the department of child services.
120	120	9 (b) Except as otherwise provided by subsection (a), the following
121	121	10 public records shall be excepted from section 3 of this chapter at the
122	122	11 discretion of a public agency:
123	123	12 (1) Investigatory records of law enforcement agencies or private
124	124	13 university police departments. For purposes of this chapter, a law
125	125	14 enforcement recording is not an investigatory record. However,
126	126	15 information described in subsection (a)(15) contained in a law
127	127	16 enforcement recording is exempt from disclosure, unless and to
128	128	17 the extent that a parent, guardian, or custodian of the victim
129	129	18 consents in writing to public disclosure of the records. However,
130	130	19 a parent, guardian, or custodian charged with or convicted of a
131	131	20 crime against the victim may not consent to public disclosure of
132	132	21 the records. Law enforcement agencies or private university
133	133	22 police departments may share investigatory records with a:
134	134	23 (A) person who advocates on behalf of a crime victim,
135	135	24 including a victim advocate (as defined in IC 35-37-6-3.5) or
136	136	25 a victim service provider (as defined in IC 35-37-6-5), for the
137	137	26 purposes of providing services to a victim or describing
138	138	27 services that may be available to a victim; and
139	139	28 (B) school corporation (as defined by IC 20-18-2-16(a)),
140	140	29 charter school (as defined by IC 20-24-1-4), or nonpublic
141	141	30 school (as defined by IC 20-18-2-12) for the purpose of
142	142	31 enhancing the safety or security of a student or a school
143	143	32 facility;
144	144	33 without the law enforcement agency or private university police
145	145	34 department losing its discretion to keep those records confidential
146	146	35 from other records requesters. However, certain law enforcement
147	147	36 records must be made available for inspection and copying as
148	148	37 provided in section 5 of this chapter.
149	149	38 (2) The work product of an attorney representing, pursuant to
150	150	39 state employment or an appointment by a public agency:
151	151	40 (A) a public agency;
152	152	41 (B) the state; or
153	153	42 (C) an individual.
154	154	2024 IN 127—LS 6436/DI 120 4
155	155	1 (3) Test questions, scoring keys, and other examination data used
156	156	2 in administering a licensing examination, examination for
157	157	3 employment, or academic examination before the examination is
158	158	4 given or if it is to be given again.
159	159	5 (4) Scores of tests if the person is identified by name and has not
160	160	6 consented to the release of the person's scores.
161	161	7 (5) The following:
162	162	8 (A) Records relating to negotiations between:
163	163	9 (i) the Indiana economic development corporation;
164	164	10 (ii) the ports of Indiana;
165	165	11 (iii) the Indiana state department of agriculture;
166	166	12 (iv) the Indiana finance authority;
167	167	13 (v) an economic development commission;
168	168	14 (vi) the Indiana White River state park development
169	169	15 commission;
170	170	16 (vii) a local economic development organization that is a
171	171	17 nonprofit corporation established under state law whose
172	172	18 primary purpose is the promotion of industrial or business
173	173	19 development in Indiana, the retention or expansion of
174	174	20 Indiana businesses, or the development of entrepreneurial
175	175	21 activities in Indiana; or
176	176	22 (viii) a governing body of a political subdivision;
177	177	23 with industrial, research, or commercial prospects, if the
178	178	24 records are created while negotiations are in progress.
179	179	25 However, this clause does not apply to records regarding
180	180	26 research that is prohibited under IC 16-34.5-1-2 or any other
181	181	27 law.
182	182	28 (B) Notwithstanding clause (A), the terms of the final offer of
183	183	29 public financial resources communicated by the Indiana
184	184	30 economic development corporation, the ports of Indiana, the
185	185	31 Indiana finance authority, an economic development
186	186	32 commission, the Indiana White River state park development
187	187	33 commission, or a governing body of a political subdivision to
188	188	34 an industrial, a research, or a commercial prospect shall be
189	189	35 available for inspection and copying under section 3 of this
190	190	36 chapter after negotiations with that prospect have terminated.
191	191	37 (C) When disclosing a final offer under clause (B), the Indiana
192	192	38 economic development corporation shall certify that the
193	193	39 information being disclosed accurately and completely
194	194	40 represents the terms of the final offer.
195	195	41 (D) Notwithstanding clause (A), an incentive agreement with
196	196	42 an incentive recipient shall be available for inspection and
197	197	2024 IN 127—LS 6436/DI 120 5
198	198	1 copying under section 3 of this chapter after the date the
199	199	2 incentive recipient and the Indiana economic development
200	200	3 corporation execute the incentive agreement regardless of
201	201	4 whether negotiations are in progress with the recipient after
202	202	5 that date regarding a modification or extension of the incentive
203	203	6 agreement.
204	204	7 This subdivision does not apply to any information submitted
205	205	8 by a recipient of an incentive granted by the Indiana economic
206	206	9 development corporation to comply with the reporting
207	207	10 requirements of IC 5-28-28-11.
208	208	11 (6) Records that are intra-agency or interagency advisory or
209	209	12 deliberative material, including material developed by a private
210	210	13 contractor under a contract with a public agency, that are
211	211	14 expressions of opinion or are of a speculative nature, and that are
212	212	15 communicated for the purpose of decision making.
213	213	16 (7) Diaries, journals, or other personal notes serving as the
214	214	17 functional equivalent of a diary or journal.
215	215	18 (8) Personnel files of public employees and files of applicants for
216	216	19 public employment, except for:
217	217	20 (A) the name, compensation, job title, business address,
218	218	21 business telephone number, job description, education and
219	219	22 training background, previous work experience, or dates of
220	220	23 first and last employment of present or former officers or
221	221	24 employees of the agency;
222	222	25 (B) information relating to the status of any formal charges
223	223	26 against the employee; and
224	224	27 (C) the factual basis for a disciplinary action in which final
225	225	28 action has been taken and that resulted in the employee being
226	226	29 suspended, demoted, or discharged.
227	227	30 However, all personnel file information shall be made available
228	228	31 to the affected employee or the employee's representative. This
229	229	32 subdivision does not apply to disclosure of personnel information
230	230	33 generally on all employees or for groups of employees without the
231	231	34 request being particularized by employee name.
232	232	35 (9) Minutes or records of hospital medical staff meetings.
233	233	36 (10) Administrative or technical information that would
234	234	37 jeopardize a record keeping system, voting system, voter
235	235	38 registration system, or security system.
236	236	39 (11) Computer programs, computer codes, computer filing
237	237	40 systems, and other software that are owned by the public agency
238	238	41 or entrusted to it and portions of electronic maps entrusted to a
239	239	42 public agency by a utility.
240	240	2024 IN 127—LS 6436/DI 120 6
241	241	1 (12) Records specifically prepared for discussion or developed
242	242	2 during discussion in an executive session under IC 5-14-1.5-6.1.
243	243	3 However, this subdivision does not apply to that information
244	244	4 required to be available for inspection and copying under
245	245	5 subdivision (8).
246	246	6 (13) The work product of the legislative services agency under
247	247	7 personnel rules approved by the legislative council.
248	248	8 (14) The work product of individual members and the partisan
249	249	9 staffs of the general assembly.
250	250	10 (15) The identity of a donor of a gift made to a public agency if:
251	251	11 (A) the donor requires nondisclosure of the donor's identity as
252	252	12 a condition of making the gift; or
253	253	13 (B) after the gift is made, the donor or a member of the donor's
254	254	14 family requests nondisclosure.
255	255	15 (16) Library or archival records:
256	256	16 (A) which can be used to identify any library patron; or
257	257	17 (B) deposited with or acquired by a library upon a condition
258	258	18 that the records be disclosed only:
259	259	19 (i) to qualified researchers;
260	260	20 (ii) after the passing of a period of years that is specified in
261	261	21 the documents under which the deposit or acquisition is
262	262	22 made; or
263	263	23 (iii) after the death of persons specified at the time of the
264	264	24 acquisition or deposit.
265	265	25 However, nothing in this subdivision shall limit or affect contracts
266	266	26 entered into by the Indiana state library pursuant to IC 4-1-6-8.
267	267	27 (17) The identity of any person who contacts the bureau of motor
268	268	28 vehicles concerning the ability of a driver to operate a motor
269	269	29 vehicle safely and the medical records and evaluations made by
270	270	30 the bureau of motor vehicles staff or members of the driver
271	271	31 licensing medical advisory board regarding the ability of a driver
272	272	32 to operate a motor vehicle safely. However, upon written request
273	273	33 to the commissioner of the bureau of motor vehicles, the driver
274	274	34 must be given copies of the driver's medical records and
275	275	35 evaluations.
276	276	36 (18) School safety and security measures, plans, and systems,
277	277	37 including emergency preparedness plans developed under 511
278	278	38 IAC 6.1-2-2.5.
279	279	39 (19) A record or a part of a record, the public disclosure of which
280	280	40 would have a reasonable likelihood of threatening public safety
281	281	41 by exposing a vulnerability to terrorist attack. A record described
282	282	42 under this subdivision includes the following:
283	283	2024 IN 127—LS 6436/DI 120 7
284	284	1 (A) A record assembled, prepared, or maintained to prevent,
285	285	2 mitigate, or respond to an act of terrorism under IC 35-47-12-1
286	286	3 (before its repeal), an act of agricultural terrorism under
287	287	4 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
288	288	5 (as defined in IC 35-50-2-18).
289	289	6 (B) Vulnerability assessments.
290	290	7 (C) Risk planning documents.
291	291	8 (D) Needs assessments.
292	292	9 (E) Threat assessments.
293	293	10 (F) Intelligence assessments.
294	294	11 (G) Domestic preparedness strategies.
295	295	12 (H) The location of community drinking water wells and
296	296	13 surface water intakes.
297	297	14 (I) The emergency contact information of emergency
298	298	15 responders and volunteers.
299	299	16 (J) Infrastructure records that disclose the configuration of
300	300	17 critical systems such as voting system and voter registration
301	301	18 system critical infrastructure, and communication, electrical,
302	302	19 ventilation, water, and wastewater systems.
303	303	20 (K) Detailed drawings or specifications of structural elements,
304	304	21 floor plans, and operating, utility, or security systems, whether
305	305	22 in paper or electronic form, of any building or facility located
306	306	23 on an airport (as defined in IC 8-21-1-1) that is owned,
307	307	24 occupied, leased, or maintained by a public agency, or any part
308	308	25 of a law enforcement recording that captures information
309	309	26 about airport security procedures, areas, or systems. A record
310	310	27 described in this clause may not be released for public
311	311	28 inspection by any public agency without the prior approval of
312	312	29 the public agency that owns, occupies, leases, or maintains the
313	313	30 airport. Both of the following apply to the public agency that
314	314	31 owns, occupies, leases, or maintains the airport:
315	315	32 (i) The public agency is responsible for determining whether
316	316	33 the public disclosure of a record or a part of a record,
317	317	34 including a law enforcement recording, has a reasonable
318	318	35 likelihood of threatening public safety by exposing a
319	319	36 security procedure, area, system, or vulnerability to terrorist
320	320	37 attack.
321	321	38 (ii) The public agency must identify a record described
322	322	39 under item (i) and clearly mark the record as "confidential
323	323	40 and not subject to public disclosure under
324	324	41 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
325	325	42 submitting public agency)". However, in the case of a law
326	326	2024 IN 127—LS 6436/DI 120 8
327	327	1 enforcement recording, the public agency must clearly mark
328	328	2 the record as "confidential and not subject to public
329	329	3 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
330	330	4 (insert name of the public agency that owns, occupies,
331	331	5 leases, or maintains the airport)".
332	332	6 (L) The home address, home telephone number, and
333	333	7 emergency contact information for any:
334	334	8 (i) emergency management worker (as defined in
335	335	9 IC 10-14-3-3);
336	336	10 (ii) public safety officer (as defined in IC 35-47-4.5-3);
337	337	11 (iii) emergency medical responder (as defined in
338	338	12 IC 16-18-2-109.8); or
339	339	13 (iv) advanced emergency medical technician (as defined in
340	340	14 IC 16-18-2-6.5).
341	341	15 This subdivision does not apply to a record or portion of a record
342	342	16 pertaining to a location or structure owned or protected by a
343	343	17 public agency in the event that an act of terrorism under
344	344	18 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
345	345	19 under IC 35-47-12-2 (before its repeal), or a felony terrorist
346	346	20 offense (as defined in IC 35-50-2-18) has occurred at that location
347	347	21 or structure, unless release of the record or portion of the record
348	348	22 would have a reasonable likelihood of threatening public safety
349	349	23 by exposing a vulnerability of other locations or structures to
350	350	24 terrorist attack.
351	351	25 (20) The following personal information concerning a customer
352	352	26 of a municipally owned utility (as defined in IC 8-1-2-1):
353	353	27 (A) Telephone number.
354	354	28 (B) Address.
355	355	29 (C) Social Security number.
356	356	30 (21) The following personal information about a complainant
357	357	31 contained in records of a law enforcement agency:
358	358	32 (A) Telephone number.
359	359	33 (B) The complainant's address. However, if the complainant's
360	360	34 address is the location of the suspected crime, infraction,
361	361	35 accident, or complaint reported, the address shall be made
362	362	36 available for public inspection and copying.
363	363	37 (22) Notwithstanding subdivision (8)(A), the name,
364	364	38 compensation, job title, business address, business telephone
365	365	39 number, job description, education and training background,
366	366	40 previous work experience, or dates of first employment of a law
367	367	41 enforcement officer who is operating in an undercover capacity.
368	368	42 (23) Records requested by an offender, an agent, or a relative of
369	369	2024 IN 127—LS 6436/DI 120 9
370	370	1 an offender that:
371	371	2 (A) contain personal information relating to:
372	372	3 (i) a correctional officer (as defined in IC 5-10-10-1.5);
373	373	4 (ii) a probation officer;
374	374	5 (iii) a community corrections officer;
375	375	6 (iv) a law enforcement officer (as defined in
376	376	7 IC 35-31.5-2-185);
377	377	8 (v) a judge (as defined in IC 33-38-12-3);
378	378	9 (vi) the victim of a crime; or
379	379	10 (vii) a family member of a correctional officer, probation
380	380	11 officer, community corrections officer, law enforcement
381	381	12 officer (as defined in IC 35-31.5-2-185), judge (as defined
382	382	13 in IC 33-38-12-3), or victim of a crime; or
383	383	14 (B) concern or could affect the security of a jail or correctional
384	384	15 facility.
385	385	16 For purposes of this subdivision, "agent" means a person who is
386	386	17 authorized by an offender to act on behalf of, or at the direction
387	387	18 of, the offender, and "relative" has the meaning set forth in
388	388	19 IC 35-42-2-1(b). However, the term "agent" does not include an
389	389	20 attorney in good standing admitted to the practice of law in
390	390	21 Indiana.
391	391	22 (24) Information concerning an individual less than eighteen (18)
392	392	23 years of age who participates in a conference, meeting, program,
393	393	24 or activity conducted or supervised by a state educational
394	394	25 institution, including the following information regarding the
395	395	26 individual or the individual's parent or guardian:
396	396	27 (A) Name.
397	397	28 (B) Address.
398	398	29 (C) Telephone number.
399	399	30 (D) Electronic mail account address.
400	400	31 (25) Criminal intelligence information.
401	401	32 (26) The following information contained in a report of unclaimed
402	402	33 property under IC 32-34-1.5-18 or in a claim for unclaimed
403	403	34 property under IC 32-34-1.5-48:
404	404	35 (A) Date of birth.
405	405	36 (B) Driver's license number.
406	406	37 (C) Taxpayer identification number.
407	407	38 (D) Employer identification number.
408	408	39 (E) Account number.
409	409	40 (27) Except as provided in subdivision (19) and sections 5.1 and
410	410	41 5.2 of this chapter, a law enforcement recording. However, before
411	411	42 disclosing the recording, the public agency must comply with the
412	412	2024 IN 127—LS 6436/DI 120 10
413	413	1 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
414	414	2 applicable.
415	415	3 (28) Records relating to negotiations between a state educational
416	416	4 institution and another entity concerning the establishment of a
417	417	5 collaborative relationship or venture to advance the research,
418	418	6 engagement, or educational mission of the state educational
419	419	7 institution, if the records are created while negotiations are in
420	420	8 progress. The terms of the final offer of public financial resources
421	421	9 communicated by the state educational institution to an industrial,
422	422	10 a research, or a commercial prospect shall be available for
423	423	11 inspection and copying under section 3 of this chapter after
424	424	12 negotiations with that prospect have terminated. However, this
425	425	13 subdivision does not apply to records regarding research
426	426	14 prohibited under IC 16-34.5-1-2 or any other law.
427	427	15 (c) Nothing contained in subsection (b) shall limit or affect the right
428	428	16 of a person to inspect and copy a public record required or directed to
429	429	17 be made by any statute or by any rule of a public agency.
430	430	18 (d) Notwithstanding any other law, a public record that is classified
431	431	19 as confidential, other than a record concerning an adoption or patient
432	432	20 medical records, shall be made available for inspection and copying
433	433	21 seventy-five (75) years after the creation of that record.
434	434	22 (e) Only the content of a public record may form the basis for the
435	435	23 adoption by any public agency of a rule or procedure creating an
436	436	24 exception from disclosure under this section.
437	437	25 (f) Except as provided by law, a public agency may not adopt a rule
438	438	26 or procedure that creates an exception from disclosure under this
439	439	27 section based upon whether a public record is stored or accessed using
440	440	28 paper, electronic media, magnetic media, optical media, or other
441	441	29 information storage technology.
442	442	30 (g) Except as provided by law, a public agency may not adopt a rule
443	443	31 or procedure nor impose any costs or liabilities that impede or restrict
444	444	32 the reproduction or dissemination of any public record.
445	445	33 (h) Notwithstanding subsection (d) and section 7 of this chapter:
446	446	34 (1) public records subject to IC 5-15 may be destroyed only in
447	447	35 accordance with record retention schedules under IC 5-15; or
448	448	36 (2) public records not subject to IC 5-15 may be destroyed in the
449	449	37 ordinary course of business.
450	450	38 SECTION 3. IC 5-28-2-4.1 IS ADDED TO THE INDIANA CODE
451	451	39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
452	452	40 1, 2024]: Sec. 4.1. "Full-time employee" has the meaning set forth
453	453	41 in IC 6-3.1-13-4.
454	454	42 SECTION 4. IC 5-28-2-4.2 IS ADDED TO THE INDIANA CODE
455	455	2024 IN 127—LS 6436/DI 120 11
456	456	1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
457	457	2 1, 2024]: Sec. 4.2. (a) "Full-time, permanent job" means
458	458	3 employment in which a new employee works for the recipient of a
459	459	4 job creation incentive as a full-time employee without any expected
460	460	5 date of termination.
461	461	6 (b) The term does not include a temporary job.
462	462	7 SECTION 5. IC 5-28-2-4.5 IS ADDED TO THE INDIANA CODE
463	463	8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
464	464	9 1, 2024]: Sec. 4.5. "Job creation incentive" means a tax credit, tax
465	465	10 deduction, grant, loan, or loan guarantee that a statute authorizes
466	466	11 the state or an instrumentality of the state, excluding any political
467	467	12 subdivision or other unit of local government, to award or approve
468	468	13 for the purpose of encouraging the creation of new jobs in Indiana.
469	469	14 SECTION 6. IC 5-28-2-4.6 IS ADDED TO THE INDIANA CODE
470	470	15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
471	471	16 1, 2024]: Sec. 4.6. "Job creation incentive agreement" or "incentive
472	472	17 agreement" means any agreement executed by the corporation and
473	473	18 the recipient of a job creation incentive setting forth the terms and
474	474	19 conditions of any job creation incentive to be provided to the
475	475	20 recipient.
476	476	21 SECTION 7. IC 5-28-2-4.7 IS ADDED TO THE INDIANA CODE
477	477	22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
478	478	23 1, 2024]: Sec. 4.7. "New employee" means a full-time employee
479	479	24 who:
480	480	25 (1) is first employed by the recipient of a job creation
481	481	26 incentive at the specific project site that is the subject of the
482	482	27 job creation incentive agreement executed by the corporation
483	483	28 and the applicant; and
484	484	29 (2) is employed by the recipient of a job creation incentive
485	485	30 after the recipient enters into the job creation incentive
486	486	31 agreement.
487	487	32 SECTION 8. IC 5-28-2-4.8 IS ADDED TO THE INDIANA CODE
488	488	33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
489	489	34 1, 2024]: Sec. 4.8. "Part-time job" means employment in which a
490	490	35 new employee works for the recipient of a job creation incentive
491	491	36 for fewer hours each week than the number of hours necessary to
492	492	37 be considered a full-time employee.
493	493	38 SECTION 9. IC 5-28-2-4.9 IS ADDED TO THE INDIANA CODE
494	494	39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
495	495	40 1, 2024]: Sec. 4.9. "Retained employee" means any employee:
496	496	41 (1) who has a full-time or full-time equivalent job at a specific
497	497	42 facility or site;
498	498	2024 IN 127—LS 6436/DI 120 12
499	499	1 (2) the continuance of whose job is threatened by a specific
500	500	2 and demonstrable threat, as specified by the applicant in the
501	501	3 application for a job creation incentive; and
502	502	4 (3) whose job is preserved.
503	503	5 SECTION 10. IC 5-28-2-5.5 IS REPEALED [EFFECTIVE JULY
504	504	6 1, 2024]. Sec. 5.5. "Job creation incentive" means a tax credit, tax
505	505	7 deduction, grant, loan, or loan guarantee that a statute authorizes the
506	506	8 state or an instrumentality of the state (excluding any political
507	507	9 subdivision or other unit of local government) to award or approve for
508	508	10 the purpose of encouraging the creation of new jobs in Indiana.
509	509	11 SECTION 11. IC 5-28-2-7.8 IS ADDED TO THE INDIANA CODE
510	510	12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
511	511	13 1, 2024]: Sec. 7.8. "Temporary job" means employment in which
512	512	14 a new employee is hired for a specific duration of time or season.
513	513	15 SECTION 12. IC 5-28-5-9, AS ADDED BY P.L.4-2005, SECTION
514	514	16 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
515	515	17 2024]: Sec. 9. (a) Except as specifically provided by law, the
516	516	18 corporation and the board are subject to IC 5-14-1.5 and IC 5-14-3.
517	517	19 (b) All records required to be prepared or maintained under
518	518	20 this article, including any cost analyses, audits, recipient
519	519	21 compliance reports, and any other records or proceedings of the
520	520	22 corporation, must be disclosed as provided under IC 5-14-3. In
521	521	23 addition, if the corporation contracts with an entity to perform a
522	522	24 cost analysis as part of a determination by the corporation of
523	523	25 whether to provide a job creation incentive and the estimated
524	524	26 contract price exceeds twenty-five thousand dollars ($25,000), that
525	525	27 cost analysis must be disclosed as provided under IC 5-14-3.
526	526	28 SECTION 13. IC 5-28-6-2, AS AMENDED BY P.L.197-2021,
527	527	29 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
528	528	30 JULY 1, 2024]: Sec. 2. (a) The corporation shall develop and promote
529	529	31 programs designed to make the best use of Indiana resources to ensure
530	530	32 a balanced economy and continuing economic growth for Indiana, and,
531	531	33 for those purposes, may do the following:
532	532	34 (1) Cooperate with federal, state, and local governments and
533	533	35 agencies in the coordination of programs to make the best use of
534	534	36 Indiana resources, based on a statewide study to determine
535	535	37 specific economic sectors that should be emphasized by the state
536	536	38 and by local economic development organizations within
537	537	39 geographic regions in Indiana, and encourage collaboration with
538	538	40 local economic development organizations within geographic
539	539	41 regions in Indiana and with the various state economic
540	540	42 development organizations within the states contiguous to
541	541	2024 IN 127—LS 6436/DI 120 13
542	542	1 Indiana.
543	543	2 (2) Receive and expend funds, grants, gifts, and contributions of
544	544	3 money, property, labor, interest accrued from loans made by the
545	545	4 corporation, and other things of value from public and private
546	546	5 sources, including grants from agencies and instrumentalities of
547	547	6 the state and the federal government. The corporation:
548	548	7 (A) may accept federal grants for providing planning
549	549	8 assistance, making grants, or providing other services or
550	550	9 functions necessary to political subdivisions, planning
551	551	10 commissions, or other public or private organizations;
552	552	11 (B) shall administer these grants in accordance with the terms
553	553	12 of the grants; and
554	554	13 (C) may contract with political subdivisions, planning
555	555	14 commissions, or other public or private organizations to carry
556	556	15 out the purposes for which the grants were made.
557	557	16 (3) Direct that assistance, information, and advice regarding the
558	558	17 duties and functions of the corporation be given to the corporation
559	559	18 by an officer, agent, or employee of the executive branch of the
560	560	19 state. The head of any other state department or agency may
561	561	20 assign one (1) or more of the department's or agency's employees
562	562	21 to the corporation on a temporary basis or may direct a division
563	563	22 or an agency under the department's or agency's supervision and
564	564	23 control to make a special study or survey requested by the
565	565	24 corporation.
566	566	25 (b) The corporation shall perform the following duties:
567	567	26 (1) Develop and implement industrial development programs to
568	568	27 encourage expansion of existing industrial, commercial, and
569	569	28 business facilities in Indiana and to encourage new industrial,
570	570	29 commercial, and business locations in Indiana.
571	571	30 (2) Assist businesses and industries in acquiring, improving, and
572	572	31 developing overseas markets and encourage international plant
573	573	32 locations in Indiana. The corporation, with the approval of the
574	574	33 governor, may establish foreign offices to assist in this function.
575	575	34 (3) Promote the growth of minority business enterprises by doing
576	576	35 the following:
577	577	36 (A) Mobilizing and coordinating the activities, resources, and
578	578	37 efforts of governmental and private agencies, businesses, trade
579	579	38 associations, institutions, and individuals.
580	580	39 (B) Assisting minority businesses in obtaining governmental
581	581	40 or commercial financing for expansion or establishment of
582	582	41 new businesses or individual development projects.
583	583	42 (C) Aiding minority businesses in procuring contracts from
584	584	2024 IN 127—LS 6436/DI 120 14
585	585	1 governmental or private sources, or both.
586	586	2 (D) Providing technical, managerial, and counseling assistance
587	587	3 to minority business enterprises.
588	588	4 (4) Assist the office of the lieutenant governor in:
589	589	5 (A) community economic development planning;
590	590	6 (B) implementation of programs designed to further
591	591	7 community economic development; and
592	592	8 (C) the development and promotion of Indiana's tourist
593	593	9 resources.
594	594	10 (5) Assist the secretary of agriculture and rural development in
595	595	11 promoting and marketing of Indiana's agricultural products and
596	596	12 provide assistance to the director of the Indiana state department
597	597	13 of agriculture.
598	598	14 (6) With the approval of the governor, implement federal
599	599	15 programs delegated to the state to carry out the purposes of this
600	600	16 article.
601	601	17 (7) Promote the growth of small businesses by doing the
602	602	18 following:
603	603	19 (A) Assisting small businesses in obtaining and preparing the
604	604	20 permits required to conduct business in Indiana.
605	605	21 (B) Serving as a liaison between small businesses and state
606	606	22 agencies.
607	607	23 (C) Providing information concerning business assistance
608	608	24 programs available through government agencies and private
609	609	25 sources.
610	610	26 (8) Establish a transparency portal on its current Internet site on
611	611	27 the world wide web. The page must provide the following:
612	612	28 (A) By program, cumulative information on the total amount
613	613	29 of incentives awarded, the total number of companies that
614	614	30 received the incentives and were assisted in a year, and the
615	615	31 names and addresses of those companies.
616	616	32 (A) The annual job creation incentives and compliance
617	617	33 report required by IC 5-28-28-5.
618	618	34 (B) A mechanism on the page whereby the public may request
619	619	35 further information online about specific programs or
620	620	36 incentives awarded.
621	621	37 (C) A mechanism for the public to receive an electronic
622	622	38 response.
623	623	39 (D) Access to the following:
624	624	40 (i) Any information or report that is required by statute to be
625	625	41 included in the economic incentives and compliance report
626	626	42 submitted under IC 5-28-28.
627	627	2024 IN 127—LS 6436/DI 120 15
628	628	1 (ii) Final offer of public financial resources to which the
629	629	2 corporation is a party.
630	630	3 (iii) Reports that the corporation submitted to the general
631	631	4 assembly.
632	632	5 (c) The corporation may do the following:
633	633	6 (1) Disseminate information concerning the industrial,
634	634	7 commercial, governmental, educational, cultural, recreational,
635	635	8 agricultural, and other advantages of Indiana.
636	636	9 (2) Plan, direct, and conduct research activities.
637	637	10 (3) Assist in community economic development planning and the
638	638	11 implementation of programs designed to further community
639	639	12 economic development.
640	640	13 SECTION 14. IC 5-28-6-6, AS AMENDED BY P.L.175-2013,
641	641	14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
642	642	15 JULY 1, 2024]: Sec. 6. The corporation shall require an applicant for
643	643	16 a job creation incentive to be granted by the corporation after March
644	644	17 31, 2010, to enter into an a job creation incentive agreement with the
645	645	18 corporation as a condition of receiving the incentive. Subject to
646	646	19 IC 5-28-28-8, the agreement must include the following:
647	647	20 (1) The applicant's agreement regarding the following:
648	648	21 (A) The number of individuals that are expected to be
649	649	22 employed by the applicant, including the number of employees
650	650	23 who will be hired, retained, or trained during the duration of
651	651	24 the agreement.
652	652	25 (B) If a financial investment by an applicant is a condition for
653	653	26 providing an incentive, the amount of the financial investment
654	654	27 that the applicant expects to make in Indiana as a result of the
655	655	28 project for which the incentive is granted.
656	656	29 (2) A requirement that the applicant shall file with the compliance
657	657	30 officer an annual compliance report, detailing the applicant's
658	658	31 compliance, or progress toward compliance, with subdivision (1).
659	659	32 as required by IC 5-28-28-11.
660	660	33 (3) A provision that notifies the applicant that the applicant is
661	661	34 subject to a determination of the corporation under this
662	662	35 subdivision. The corporation, after a finding that the applicant is
663	663	36 employing fewer individuals than the applicant agreed to employ
664	664	37 or that the applicant has not made the financial investment agreed
665	665	38 to under subdivision (1), subject to any confidentiality laws, shall
666	666	39 hold a hearing to determine if the applicant shall be required to
667	667	40 pay back to the state a part of the incentive granted to the
668	668	41 applicant under the agreement. The penalty imposed must be a
669	669	42 matter of public record and must reflect in a fair and balanced
670	670	2024 IN 127—LS 6436/DI 120 16
671	671	1 way the amount of incentive received.
672	672	2 (4) A requirement that recapture provision that requires the
673	673	3 applicant will to pay back to the state the job creation incentive
674	674	4 that has been received by the applicant if the applicant:
675	675	5 (A) moves or closes;
676	676	6 (B) does not make the level of capital investment specified
677	677	7 by the applicant in the application for the job creation
678	678	8 incentive;
679	679	9 (C) employs fewer individuals than specified by the
680	680	10 applicant in the application for the job creation incentive;
681	681	11 or
682	682	12 (D) pays less in wages than specified by the applicant in the
683	683	13 application for the job creation incentive.
684	684	14 SECTION 15. IC 5-28-28-5, AS AMENDED BY P.L.145-2016,
685	685	15 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
686	686	16 JULY 1, 2024]: Sec. 5. (a) The corporation shall:
687	687	17 (1) submit an economic prepare an annual job creation
688	688	18 incentives and compliance report for submission to:
689	689	19 (A) the governor; and
690	690	20 (B) the legislative council in an electronic format under
691	691	21 IC 5-14-6; and
692	692	22 (2) publish the report on the corporation's Internet web site and
693	693	23 on the Indiana transparency Internet web site;
694	694	24 on the schedule specified in subsection (b).
695	695	25 (b) The corporation shall submit and publish before February 1 of
696	696	26 each year an incentives and compliance report that provides updated
697	697	27 information for active incentive agreements approved and awarded
698	698	28 after January 1, 2005, through the immediately preceding calendar
699	699	29 year.
700	700	30 SECTION 16. IC 5-28-28-6, AS AMENDED BY P.L.2-2014,
701	701	31 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
702	702	32 JULY 1, 2024]: Sec. 6. The economic annual job creation incentives
703	703	33 and compliance report required under section 5 of this chapter must
704	704	34 include at least the following:
705	705	35 (1) The total for each of the following:
706	706	36 (A) The number and amount of tax credits, loans, and grants
707	707	37 contractually awarded by the corporation. This information
708	708	38 must also include the total amount of uncollected or
709	709	39 diverted state tax revenues resulting from each tax credit,
710	710	40 as reported to the department of state revenue on tax
711	711	41 returns filed during the state fiscal year that ends
712	712	42 immediately before the due date of the report. Before July
713	713	2024 IN 127—LS 6436/DI 120 17
714	714	1 15 each year, the department of state revenue shall submit
715	715	2 to the corporation the information necessary for the
716	716	3 corporation to include these total amounts in the
717	717	4 corporation's report.
718	718	5 (B) The amount of investments made by the recipients of the
719	719	6 tax credits, loans, and grants.
720	720	7 (C) The number of actual jobs created and the number of jobs
721	721	8 expected through the reporting year, as reviewed by an
722	722	9 independent auditing firm chosen by the corporation.
723	723	10 (D) The amount of recaptured incentives for the reporting year
724	724	11 and the total number of recipients.
725	725	12 (E) The number and amount of tax credits claimed for the
726	726	13 reporting year, as reported by the department of state revenue
727	727	14 to the corporation by December 31 of each year.
728	728	15 (2) With respect to each recipient of a tax credit, loan, or grant
729	729	16 referred to in subdivision (1), the following:
730	730	17 (A) The name, county, and municipality (if any) of the
731	731	18 recipient.
732	732	19 (B) The amount of tax credits certified to the recipient, and the
733	733	20 amount of grants and loans actually paid out, during the term
734	734	21 of the agreement.
735	735	22 (C) The purpose of the tax credit, loan, or grant.
736	736	23 (D) The performance goals for the reporting year, including
737	737	24 the following:
738	738	25 (i) Numbers of employees to be hired, retained, or trained.
739	739	26 (ii) If a financial investment by the recipient was a condition
740	740	27 for providing an incentive, the amount of the financial
741	741	28 investment that the recipient expects to make in Indiana as
742	742	29 a result of the project for which the incentive was granted.
743	743	30 (E) Certification by the corporation that the recipient is
744	744	31 complying with the terms of the incentive agreement.
745	745	32 (3) A summary of the information submitted by certified
746	746	33 technology parks as part of the corporation's review under
747	747	34 IC 36-7-32-11.
748	748	35 (4) All data in all compliance reports submitted under section
749	749	36 11 of this chapter.
750	750	37 (5) By program, cumulative information on the total amount
751	751	38 of job creation incentives awarded, the total number of
752	752	39 companies that received the job creation incentives and were
753	753	40 assisted in a year, and the names and addresses of those
754	754	41 companies.
755	755	42 SECTION 17. IC 5-28-28-7, AS AMENDED BY P.L.175-2013,
756	756	2024 IN 127—LS 6436/DI 120 18
757	757	1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
758	758	2 JULY 1, 2024]: Sec. 7. (a) If, in the course of compiling information to
759	759	3 complete a an annual job creation incentives and compliance report
760	760	4 required by section 5 of this chapter or upon the receipt of any other
761	761	5 information concerning noncompliance with the terms and conditions
762	762	6 of an incentive granted by the corporation, the corporation determines
763	763	7 that a recipient of an incentive awarded by the corporation has not
764	764	8 complied with the terms of the incentive agreement, the corporation
765	765	9 shall take the actions required under subsections (b) and (d).
766	766	10 (b) If the incentive is a grant or loan awarded before April 1, 2010,
767	767	11 the corporation shall determine:
768	768	12 (1) whether there was good cause for the noncompliance; and
769	769	13 (2) whether the recipient is in default.
770	770	14 If in the judgment of the corporation there is not good cause for any
771	771	15 noncompliance discovered under subsection (a), the corporation may
772	772	16 seek a refund or arrange other methods of reclaiming the grant or loan
773	773	17 from the recipient. If the corporation does seek a refund or otherwise
774	774	18 reclaims a grant or loan from the recipient under this section, the
775	775	19 amount of the refund or reclaimed part must be in proportion to the
776	776	20 degree of default by the recipient as determined by the corporation.
777	777	21 (c) Subsection (b) does not apply to a recipient of a grant or loan if:
778	778	22 (1) the grant or loan has been disbursed on a pro rata basis; and
779	779	23 (2) in the judgment of the corporation, the recipient's performance
780	780	24 in relation to the recipient's performance goals equals or exceeds
781	781	25 the ratio of the amount of the recipient's actual benefit from the
782	782	26 grant or loan to the total amount of the grant or loan originally
783	783	27 contemplated in the grant or loan award.
784	784	28 (d) If the incentive granted by the corporation was awarded after
785	785	29 March 31, 2010, the corporation shall seek a refund or arrange other
786	786	30 methods of reclaiming the value of the incentive granted by the
787	787	31 corporation from the recipient. The amount of the refund or reclaimed
788	788	32 part must be in proportion to the degree of default by the recipient as
789	789	33 determined by the corporation.
790	790	34 SECTION 18. IC 5-28-28-8, AS ADDED BY P.L.110-2010,
791	791	35 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
792	792	36 JULY 1, 2024]: Sec. 8. (a) As used in this section, "recapture
793	793	37 provision" means language that requires the recipient of an a job
794	794	38 creation incentive to repay some part of the incentive.
795	795	39 (b) The corporation may waive or modify a recapture provision of
796	796	40 this article or an agreement made with a person to whom the
797	797	41 corporation has awarded an a job creation incentive if the corporation
798	798	42 determines that the recipient of an the incentive awarded by the
799	799	2024 IN 127—LS 6436/DI 120 19
800	800	1 corporation has failed to meet a condition for receiving the incentive
801	801	2 because of circumstances beyond the recipient's control, including:
802	802	3 (1) natural disaster;
803	803	4 (2) unforeseen industry trends;
804	804	5 (3) lack of available labor force;
805	805	6 (4) loss of a major supplier or market; or
806	806	7 (5) another circumstance beyond the recipient's control, as
807	807	8 determined by the corporation.
808	808	9 SECTION 19. IC 5-28-28-9, AS AMENDED BY P.L.145-2016,
809	809	10 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
810	810	11 JULY 1, 2024]: Sec. 9. (a) The economic annual job creation
811	811	12 incentives and compliance report required under section 5 of this
812	812	13 chapter must include an annual report a part containing a summary of
813	813	14 annual statistics on the effectiveness of and compliance with all
814	814	15 incentives granted by the corporation. The part of the job creation
815	815	16 incentives and compliance report required by this section must
816	816	17 describe:
817	817	18 (1) the overall compliance with the terms and conditions of
818	818	19 incentives provided; and
819	819	20 (2) penalties imposed for failure to comply with the terms and
820	820	21 conditions of incentives provided, including a description of the
821	821	22 outcomes and effectiveness of recapture provisions, organized
822	822	23 by the job creation incentive program, along with at least the
823	823	24 following information:
824	824	25 (A) The total number of companies receiving a job creation
825	825	26 incentive.
826	826	27 (B) The total number of recipients in violation of a job
827	827	28 creation incentive agreement.
828	828	29 (C) The total number of recapture efforts initiated.
829	829	30 (D) The total number of recapture efforts completed.
830	830	31 (E) The number of recapture waivers granted.
831	831	32 The report must also be submitted to the general assembly in an
832	832	33 electronic format under IC 5-14-6.
833	833	34 (b) Upon request, the corporation shall make available as a public
834	834	35 record under IC 5-14-3:
835	835	36 (1) information specifying each person's compliance with its
836	836	37 incentive agreement and any incentive that had to be reduced or
837	837	38 paid back as a result of noncompliance with an incentive
838	838	39 agreement;
839	839	40 (2) information stating, for each incentive recipient, the total
840	840	41 incentive provided for each job created, computed from the date
841	841	42 the incentive is granted through June 30 of the year of the report;
842	842	2024 IN 127—LS 6436/DI 120 20
843	843	1 (3) information concerning all waivers or modifications under
844	844	2 section 8 of this chapter; and
845	845	3 (4) information describing all hearings and determinations under
846	846	4 IC 5-28-6-6.
847	847	5 SECTION 20. IC 5-28-28-11 IS ADDED TO THE INDIANA
848	848	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
849	849	7 [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) Before July 15 each year,
850	850	8 each recipient of a job creation incentive shall submit to the
851	851	9 corporation an annual compliance report covering the immediately
852	852	10 preceding July 1 through June 30 period. A recipient that is a
853	853	11 party to multiple job creation incentive agreements for a single
854	854	12 project site may file a consolidated compliance report. A
855	855	13 compliance report must include at least the following information:
856	856	14 (1) Each application tracking number.
857	857	15 (2) The recipient's:
858	858	16 (A) office mailing address;
859	859	17 (B) telephone number; and
860	860	18 (C) six (6) digit North American Industry Classification
861	861	19 System (NAICS) code assigned to industries in the NAICS
862	862	20 Manual of the United States Office of Management and
863	863	21 Budget;
864	864	22 and the name of the recipient's chief officer or authorized
865	865	23 designee for the specific project site for which the job creation
866	866	24 incentive was approved.
867	867	25 (3) The name of the job creation incentive program and value
868	868	26 of the job creation incentive that was approved by the
869	869	27 corporation.
870	870	28 (4) The total number of the recipient's employees at the
871	871	29 specific project site on the date on which the application was
872	872	30 submitted to the corporation, and the total number of the
873	873	31 recipient's employees at the specific project site on the date of
874	874	32 the report, including, for each date:
875	875	33 (A) the number of employees with full-time, permanent
876	876	34 jobs;
877	877	35 (B) the number of employees with part-time jobs; and
878	878	36 (C) the number of employees with temporary jobs;
879	879	37 and a computation of the increase or decrease in the number
880	880	38 of employees within each category set forth in clauses (A)
881	881	39 through (C) between the date of submission of the application
882	882	40 and the date of the report.
883	883	41 (5) The number of:
884	884	42 (A) jobs for new employees that the recipient promised in
885	885	2024 IN 127—LS 6436/DI 120 21
886	886	1 the job creation incentive agreement the recipient would
887	887	2 create; and
888	888	3 (B) jobs for retained employees that the recipient promised
889	889	4 in the job creation incentive agreement the recipient would
890	890	5 retain;
891	891	6 broken down by full-time, permanent jobs, part-time jobs,
892	892	7 and temporary jobs.
893	893	8 (6) A declaration of whether the recipient is in compliance
894	894	9 with each term and condition of the job creation incentive
895	895	10 agreement.
896	896	11 (7) The following for the full-time, permanent jobs that the
897	897	12 recipient created or retained as a result of the job creation
898	898	13 incentive:
899	899	14 (A) A detailed list of:
900	900	15 (i) the occupations; or
901	901	16 (ii) job classifications;
902	902	17 of the jobs.
903	903	18 (B) A schedule of the starting dates for the new employees
904	904	19 hired for the jobs.
905	905	20 (C) The actual average wage paid to employees with the
906	906	21 jobs, broken down by occupation or job classification.
907	907	22 (D) The total payroll for new employees and retained
908	908	23 employees with these jobs.
909	909	24 (8) A narrative, if necessary, stating whether and, if so, how
910	910	25 the recipient's use of the job creation incentive during the
911	911	26 reporting year has reduced unemployment at any site in
912	912	27 Indiana.
913	913	28 (9) A certification by the chief officer of the recipient or the
914	914	29 chief officer's authorized designee that the information in the
915	915	30 compliance report contains no knowing misrepresentation of
916	916	31 material facts upon which eligibility for the job creation
917	917	32 incentive is based.
918	918	33 (10) Any other information the corporation considers
919	919	34 necessary to ensure compliance with the job creation incentive
920	920	35 program.
921	921	36 (b) The corporation may verify information contained in the
922	922	37 recipient's annual compliance report, including inspecting the
923	923	38 specific project site and inspecting the records of the recipient that
924	924	39 relate to the job creation incentive agreement.
925	925	40 (c) If a recipient of a job creation incentive fails to comply with
926	926	41 subsection (a), the corporation shall suspend all current job
927	927	42 creation incentives being provided to the recipient, effective the
928	928	2024 IN 127—LS 6436/DI 120 22
929	929	1 immediately following October 1. In addition, the corporation is
930	930	2 prohibited from completing any current job creation incentive or
931	931	3 providing any future job creation incentive until the corporation
932	932	4 receives proof that the recipient has complied with subsection (a).
933	933	2024 IN 127—LS 6436/DI 120