1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 20 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 4-1-14; IC 5-28-6-2. |
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7 | 7 | | Synopsis: Economic development and foreign trade. Requires the |
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8 | 8 | | governor to terminate any contract or other agreement entered into |
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9 | 9 | | between the state and an economic development partner that is based |
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10 | 10 | | in or owned by a foreign adversary. Prohibits the Indiana economic |
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11 | 11 | | development corporation from establishing a foreign office if the |
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12 | 12 | | foreign office sought to be opened is located in the territory of a foreign |
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13 | 13 | | adversary. |
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14 | 14 | | Effective: May 15, 2025. |
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15 | 15 | | Bohacek |
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16 | 16 | | January 8, 2025, read first time and referred to Committee on Homeland Security and |
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17 | 17 | | Transportation. |
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18 | 18 | | 2025 IN 20—LS 6208/DI 129 Introduced |
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19 | 19 | | First Regular Session of the 124th General Assembly (2025) |
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20 | 20 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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21 | 21 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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22 | 22 | | additions will appear in this style type, and deletions will appear in this style type. |
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23 | 23 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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24 | 24 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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25 | 25 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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26 | 26 | | a new provision to the Indiana Code or the Indiana Constitution. |
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27 | 27 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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28 | 28 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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29 | 29 | | SENATE BILL No. 20 |
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30 | 30 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
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31 | 31 | | offices and administration. |
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32 | 32 | | Be it enacted by the General Assembly of the State of Indiana: |
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33 | 33 | | 1 SECTION 1. IC 4-1-14 IS ADDED TO THE INDIANA CODE AS |
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34 | 34 | | 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE MAY |
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35 | 35 | | 3 15, 2025]: |
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36 | 36 | | 4 Chapter 14. Termination of Contracts with Foreign Adversaries |
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37 | 37 | | 5 Sec. 1. As used in this chapter, "foreign adversary" has the |
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38 | 38 | | 6 meaning set forth in 15 CFR 791.4 (as in effect on September 1, |
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39 | 39 | | 7 2024). |
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40 | 40 | | 8 Sec. 2. As used in this chapter, "the state" means an agency, |
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41 | 41 | | 9 authority, board, branch, commission, committee, department, |
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42 | 42 | | 10 division, or other instrumentality of either of the following: |
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43 | 43 | | 11 (1) The executive, including the administrative, department of |
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44 | 44 | | 12 state government. |
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45 | 45 | | 13 (2) A body corporate and politic created by statute. |
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46 | 46 | | 14 Sec. 3. Notwithstanding any other law, before July 1, 2025, the |
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47 | 47 | | 15 governor, on behalf of the state, shall terminate any contract or |
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48 | 48 | | 16 other agreement entered into between the state and an economic |
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49 | 49 | | 17 development partner that is based in or owned by a foreign |
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50 | 50 | | 2025 IN 20—LS 6208/DI 129 2 |
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51 | 51 | | 1 adversary. |
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52 | 52 | | 2 SECTION 2. IC 5-28-6-2, AS AMENDED BY P.L.197-2021, |
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53 | 53 | | 3 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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54 | 54 | | 4 MAY 15, 2025]: Sec. 2. (a) The corporation shall develop and promote |
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55 | 55 | | 5 programs designed to make the best use of Indiana resources to ensure |
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56 | 56 | | 6 a balanced economy and continuing economic growth for Indiana, and, |
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57 | 57 | | 7 for those purposes, may do the following: |
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58 | 58 | | 8 (1) Cooperate with federal, state, and local governments and |
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59 | 59 | | 9 agencies in the coordination of programs to make the best use of |
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60 | 60 | | 10 Indiana resources, based on a statewide study to determine |
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61 | 61 | | 11 specific economic sectors that should be emphasized by the state |
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62 | 62 | | 12 and by local economic development organizations within |
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63 | 63 | | 13 geographic regions in Indiana, and encourage collaboration with |
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64 | 64 | | 14 local economic development organizations within geographic |
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65 | 65 | | 15 regions in Indiana and with the various state economic |
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66 | 66 | | 16 development organizations within the states contiguous to |
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67 | 67 | | 17 Indiana. |
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68 | 68 | | 18 (2) Receive and expend funds, grants, gifts, and contributions of |
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69 | 69 | | 19 money, property, labor, interest accrued from loans made by the |
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70 | 70 | | 20 corporation, and other things of value from public and private |
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71 | 71 | | 21 sources, including grants from agencies and instrumentalities of |
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72 | 72 | | 22 the state and the federal government. The corporation: |
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73 | 73 | | 23 (A) may accept federal grants for providing planning |
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74 | 74 | | 24 assistance, making grants, or providing other services or |
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75 | 75 | | 25 functions necessary to political subdivisions, planning |
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76 | 76 | | 26 commissions, or other public or private organizations; |
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77 | 77 | | 27 (B) shall administer these grants in accordance with the terms |
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78 | 78 | | 28 of the grants; and |
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79 | 79 | | 29 (C) may contract with political subdivisions, planning |
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80 | 80 | | 30 commissions, or other public or private organizations to carry |
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81 | 81 | | 31 out the purposes for which the grants were made. |
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82 | 82 | | 32 (3) Direct that assistance, information, and advice regarding the |
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83 | 83 | | 33 duties and functions of the corporation be given to the corporation |
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84 | 84 | | 34 by an officer, agent, or employee of the executive branch of the |
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85 | 85 | | 35 state. The head of any other state department or agency may |
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86 | 86 | | 36 assign one (1) or more of the department's or agency's employees |
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87 | 87 | | 37 to the corporation on a temporary basis or may direct a division |
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88 | 88 | | 38 or an agency under the department's or agency's supervision and |
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89 | 89 | | 39 control to make a special study or survey requested by the |
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90 | 90 | | 40 corporation. |
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91 | 91 | | 41 (b) The corporation shall perform the following duties: |
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92 | 92 | | 42 (1) Develop and implement industrial development programs to |
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93 | 93 | | 2025 IN 20—LS 6208/DI 129 3 |
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94 | 94 | | 1 encourage expansion of existing industrial, commercial, and |
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95 | 95 | | 2 business facilities in Indiana and to encourage new industrial, |
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96 | 96 | | 3 commercial, and business locations in Indiana. |
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97 | 97 | | 4 (2) Assist businesses and industries in acquiring, improving, and |
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98 | 98 | | 5 developing overseas markets and encourage international plant |
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99 | 99 | | 6 locations in Indiana. The corporation, with the approval of the |
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100 | 100 | | 7 governor, may establish foreign offices to assist in this function. |
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101 | 101 | | 8 However, the corporation may not establish, and the governor |
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102 | 102 | | 9 may not approve, the establishment of a foreign office if the |
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103 | 103 | | 10 foreign office sought to be opened is located in the territory of |
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104 | 104 | | 11 a foreign adversary (as defined in 15 CFR 791.4 (as in effect |
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105 | 105 | | 12 on September 1, 2024)). |
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106 | 106 | | 13 (3) Promote the growth of minority business enterprises by doing |
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107 | 107 | | 14 the following: |
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108 | 108 | | 15 (A) Mobilizing and coordinating the activities, resources, and |
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109 | 109 | | 16 efforts of governmental and private agencies, businesses, trade |
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110 | 110 | | 17 associations, institutions, and individuals. |
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111 | 111 | | 18 (B) Assisting minority businesses in obtaining governmental |
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112 | 112 | | 19 or commercial financing for expansion or establishment of |
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113 | 113 | | 20 new businesses or individual development projects. |
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114 | 114 | | 21 (C) Aiding minority businesses in procuring contracts from |
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115 | 115 | | 22 governmental or private sources, or both. |
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116 | 116 | | 23 (D) Providing technical, managerial, and counseling assistance |
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117 | 117 | | 24 to minority business enterprises. |
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118 | 118 | | 25 (4) Assist the office of the lieutenant governor in: |
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119 | 119 | | 26 (A) community economic development planning; |
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120 | 120 | | 27 (B) implementation of programs designed to further |
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121 | 121 | | 28 community economic development; and |
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122 | 122 | | 29 (C) the development and promotion of Indiana's tourist |
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123 | 123 | | 30 resources. |
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124 | 124 | | 31 (5) Assist the secretary of agriculture and rural development in |
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125 | 125 | | 32 promoting and marketing of Indiana's agricultural products and |
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126 | 126 | | 33 provide assistance to the director of the Indiana state department |
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127 | 127 | | 34 of agriculture. |
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128 | 128 | | 35 (6) With the approval of the governor, implement federal |
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129 | 129 | | 36 programs delegated to the state to carry out the purposes of this |
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130 | 130 | | 37 article. |
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131 | 131 | | 38 (7) Promote the growth of small businesses by doing the |
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132 | 132 | | 39 following: |
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133 | 133 | | 40 (A) Assisting small businesses in obtaining and preparing the |
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134 | 134 | | 41 permits required to conduct business in Indiana. |
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135 | 135 | | 42 (B) Serving as a liaison between small businesses and state |
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136 | 136 | | 2025 IN 20—LS 6208/DI 129 4 |
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137 | 137 | | 1 agencies. |
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138 | 138 | | 2 (C) Providing information concerning business assistance |
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139 | 139 | | 3 programs available through government agencies and private |
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140 | 140 | | 4 sources. |
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141 | 141 | | 5 (8) Establish a transparency portal on its current Internet site on |
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142 | 142 | | 6 the world wide web. The page must provide the following: |
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143 | 143 | | 7 (A) By program, cumulative information on the total amount |
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144 | 144 | | 8 of incentives awarded, the total number of companies that |
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145 | 145 | | 9 received the incentives and were assisted in a year, and the |
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146 | 146 | | 10 names and addresses of those companies. |
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147 | 147 | | 11 (B) A mechanism on the page whereby the public may request |
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148 | 148 | | 12 further information online about specific programs or |
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149 | 149 | | 13 incentives awarded. |
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150 | 150 | | 14 (C) A mechanism for the public to receive an electronic |
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151 | 151 | | 15 response. |
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152 | 152 | | 16 (D) Access to the following: |
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153 | 153 | | 17 (i) Any information or report that is required by statute to be |
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154 | 154 | | 18 included in the economic incentives and compliance report |
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155 | 155 | | 19 submitted under IC 5-28-28. |
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156 | 156 | | 20 (ii) Final offer of public financial resources to which the |
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157 | 157 | | 21 corporation is a party. |
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158 | 158 | | 22 (iii) Reports that the corporation submitted to the general |
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159 | 159 | | 23 assembly. |
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160 | 160 | | 24 (c) The corporation may do the following: |
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161 | 161 | | 25 (1) Disseminate information concerning the industrial, |
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162 | 162 | | 26 commercial, governmental, educational, cultural, recreational, |
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163 | 163 | | 27 agricultural, and other advantages of Indiana. |
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164 | 164 | | 28 (2) Plan, direct, and conduct research activities. |
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165 | 165 | | 29 (3) Assist in community economic development planning and the |
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166 | 166 | | 30 implementation of programs designed to further community |
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167 | 167 | | 31 economic development. |
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168 | 168 | | 32 SECTION 3. An emergency is declared for this act. |
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169 | 169 | | 2025 IN 20—LS 6208/DI 129 |
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