*ES0468.1*
April 3, 2025
ENGROSSED
SENATE BILL No. 468
_____
DIGEST OF SB 468 (Updated April 2, 2025 6:40 pm - DI 134)
Citations Affected: IC 36-10; noncode.
Synopsis: Midwest continental divide commission. Allows an eligible
county and city to establish by ordinance, a Midwest continental divide
commission and district for the purpose of acquiring, developing,
funding, constructing, equipping, and owning economic improvement
projects in or serving the district. Amends an appropriation made in
P.L.201-2023 to the northern Indiana regional economic development
authority to allow funds to be used to support and fund the commission
and the commission's projects.
Effective: July 1, 2025.
Niezgodski, Mishler, Rogers, Pol Jr.,
Randolph Lonnie M, Charbonneau,
Doriot
(HOUSE SPONSORS — TESHKA, DEVON, BAUER M)
January 13, 2025, read first time and referred to Committee on Appropriations.
January 23, 2025, amended, reported favorably — Do Pass.
February 6, 2025, read second time, amended, ordered engrossed.
February 7, 2025, engrossed.
February 10, 2025, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Ways and Means.
April 3, 2025, amended, reported — Do Pass.
ES 468—LS 7217/DI 87 April 3, 2025
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 468
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-10-16 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 16. Midwest Continental Divide Commission
5 Sec. 1. As used in this chapter, "airport authority" refers to an
6 airport authority established under IC 8-22-3.
7 Sec. 2. As used in this chapter, "board" refers to the commission
8 board appointed under section 18 of this chapter.
9 Sec. 3. As used in this chapter, "commission" refers to the
10 Midwest continental divide commission which is the governing
11 body of the district.
12 Sec. 4. As used in this chapter, "commuter transportation
13 district" refers to a commuter transportation district established
14 under IC 8-5-15.
15 Sec. 5. As used in this chapter, "development authority" refers
16 to a development authority established under IC 36-7.6-2-3.
17 Sec. 6. As used in this chapter, "district" refers to the Midwest
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1 continental divide district designated under this chapter.
2 Sec. 7. As used in this chapter, "economic improvement project"
3 means the following:
4 (1) Planning or managing development or improvement
5 activities.
6 (2) Designing, landscaping, beautifying, constructing, or
7 maintaining common areas and attractions, public
8 improvements, a trail project, public or private ways
9 (including designing, constructing, or maintaining lighting),
10 infrastructure, utility facilities (and improvements and
11 equipment), water facilities (and improvements and
12 equipment), sewage facilities, rail projects, transportation
13 projects (and improvements and equipment), streets, or
14 sidewalks for a common area or public or private way.
15 (3) Promoting the district, commercial activity, or public
16 events.
17 (4) Supporting business recruitment and development.
18 (5) Providing security for public areas.
19 (6) Acquiring, constructing, or maintaining parking facilities.
20 (7) Constructing, rehabilitating, or repairing residential
21 property, including improvements related to the habitability
22 of the residential property.
23 (8) Acquiring, constructing, rehabilitating, or repairing
24 redevelopment projects, economic development facilities
25 described in IC 36-7-11.9-3, pollution control facilities
26 described in IC 36-7-11.9-9, or other local improvements.
27 Sec. 8. As used in this chapter, "eligible city" refers to a city
28 having a population of more than one hundred thousand (100,000)
29 and less than one hundred ten thousand (110,000).
30 Sec. 9. As used in this chapter, "eligible county" refers to a
31 county having a population of more than two hundred fifty
32 thousand (250,000) and less than three hundred thousand
33 (300,000).
34 Sec. 10. As used in this chapter, "eligible participant" refers to
35 a state agency, a development authority, a state or local body
36 corporate and politic, a tribal government of a reservation site, an
37 eligible county, an eligible city, and any other eligible unit, along
38 with any commission, authority, or building corporation of the
39 foregoing.
40 Sec. 11. As used in this chapter, "eligible unit" means a unit
41 within an eligible county.
42 Sec. 12. As used in this chapter, "land use and zoning plan"
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1 means the zoning overlay district adopted by the eligible county
2 with the formation of the district.
3 Sec. 13. As used in this chapter, "net income" means the gross
4 income after deducting:
5 (1) the necessary operational expenses of the board in
6 performing its duties (the expenses not to exceed the amount
7 budgeted or approved); and
8 (2) any reserve provided for in the budget.
9 Sec. 14. As used in this chapter, "reservation site" means the
10 trust and reservation lands acquired under section 6 of the Act to
11 Restore Federal Services to the Pokagon Band of Potawatomi
12 Indians, P.L.103-323, Sept. 21, 1994, 108 Stat. 2154.
13 Sec. 15. As used in this chapter, "trail project" refers to the
14 acquisition, design, construction, and maintenance of a trail system
15 designed to leverage the continental divide, the state parks and
16 reserves, and the other ecotourism assets located in the territories
17 of an eligible unit or a reservation site.
18 Sec. 16. The commission established under this chapter is a
19 separate body corporate and politic that shall carry out the
20 purposes of this chapter by acquiring, developing, funding,
21 constructing, equipping, and owning economic improvement
22 projects in or serving the district.
23 Sec. 17. (a) The commission may be established by the legislative
24 body of an eligible:
25 (1) county; and
26 (2) city;
27 upon the adoption of an ordinance approved by both bodies
28 establishing the commission.
29 (b) The ordinance establishing the commission shall designate
30 the boundaries of the Midwest continental divide district, if the
31 legislative bodies determine the following:
32 (1) The district's designation would encourage collaboration
33 and support development across jurisdictions.
34 (2) The district's efforts enhance the quality of life, create
35 cultural amenities, and preserve key land and natural
36 resources in at least one (1) eligible unit, a reservation site,
37 and the surrounding region.
38 (3) The existence of a development plan for the district that
39 includes the development of a trail project and that identifies
40 the trail project's objectives in a clearly focused and
41 measurable fashion.
42 (4) The district's designation would catalyze new
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1 developments and attractions and improve tourism and the
2 tourism industry in the eligible county and Indiana.
3 (5) The district's efforts would enhance a state park and a
4 state nature preserve in the eligible county.
5 The commission, from time to time, may petition the legislative
6 body of the eligible county and eligible city, as applicable, to
7 expand the boundaries of the district inside the respective
8 jurisdictions.
9 (c) The ordinance establishing the commission shall also:
10 (1) approve a land use and zoning plan for the district; and
11 (2) provide that any change or variance in the land use and
12 zoning plan requires the approval of the commission.
13 (d) The commission shall notify the state budget agency in
14 writing promptly after the commission is established.
15 Sec. 18. (a) The commission is governed by the commission
16 board composed of five (5) members.
17 (b) The board shall consist of the following five (5) members:
18 (1) One (1) member appointed by the eligible county
19 executive.
20 (2) One (1) member appointed by the eligible city executive.
21 (3) One (1) member appointed by the speaker of the house of
22 representatives.
23 (4) One (1) member appointed by the president pro tempore
24 of the senate.
25 (5) One (1) member appointed by the Chair of the Pokagon
26 Band of the Potawatomi.
27 (c) A legislative member of the board is a nonvoting advisory
28 member. All other members are voting members.
29 (d) The term of a member is four (4) years. Legislative members
30 of the board serve a two (2) year term ending June 30 of an
31 odd-numbered year. However:
32 (1) the enabling ordinance may shorten the initial term of a
33 member to stagger the terms of the board; and
34 (2) a board member may be removed with or without cause at
35 any time by the entity who appointed the member.
36 (e) If a vacancy occurs on the board, the appointing authority
37 shall appoint a new member. Subject to subsection (d)(2), the
38 member serves for the remainder of the vacated term.
39 (f) A board member may not receive a salary. However, a board
40 member is entitled to receive the following:
41 (1) A nonlegislative member is entitled to reimbursement for
42 any expenses necessarily incurred in the performance of the
ES 468—LS 7217/DI 87 5
1 member's duties. A reimbursement shall be paid from the
2 commission's funds.
3 (2) A legislative member is entitled to receive the same per
4 diem, mileage, and travel allowances established by the
5 legislative council and paid to members of the general
6 assembly serving on interim study committees. The
7 allowances shall be paid by the legislative services agency
8 from the amounts appropriated for that purpose.
9 Sec. 19. (a) At the organizational meeting described in section
10 20(b)(1) and 20(b)(2) of this chapter, the board shall elect the
11 following officers from the voting or nonvoting members:
12 (1) A chair.
13 (2) A vice chair.
14 (3) A secretary-treasurer.
15 (b) The affirmative vote of at least a majority of the voting
16 members of the board is necessary to elect an officer.
17 (c) An officer serves from the date of the officer's election until
18 the officer's successor is elected and qualified.
19 Sec. 20. (a) The commission is a public agency for purposes of
20 IC 5-14-1.5 and IC 5-14-3. The board is a governing body for
21 purposes of IC 5-14-1.5.
22 (b) The board shall meet quarterly subject to the following:
23 (1) Within thirty (30) days of the appointment of all the board
24 members, at the call of the board member appointed by the
25 county executive, the board shall hold its initial meeting for
26 the purpose of organization to elect officers in accordance
27 with section 19(a) of this chapter.
28 (2) In January 2027, and in each January thereafter, the
29 board shall hold an organizational meeting at the call of the
30 chair, or if the chair is unavailable, at the call of any other
31 two (2) members of the board to elect officers in accordance
32 with section 19(a) of this chapter.
33 (3) After the organization meetings described in subdivisions
34 (1) and (2), all subsequent quarterly meetings shall be held at
35 the call of the chair or, if the chair is unavailable, at the call
36 of any other two (2) members of the board.
37 (c) In addition to the regularly scheduled quarterly meetings
38 described in subsection (b), the board may meet up to two (2) more
39 times annually at the call of the chair or, if the chair is unavailable,
40 at the call of any other two (2) members of the board.
41 (d) Three (3) members of the board constitute a quorum.
42 (e) The affirmative votes of at least a majority of the voting
ES 468—LS 7217/DI 87 6
1 members of the board are necessary to authorize any action of the
2 commission.
3 (f) The eligible county and the eligible city may provide staff
4 support for the board.
5 (g) The commission may conduct meetings electronically as
6 provided in IC 36-7-14.5-9.5.
7 Sec. 21. The board shall adopt the bylaws and rules that the
8 board considers necessary for the proper conduct of the board's
9 duties and the safeguarding of the commission's funds and
10 property.
11 Sec. 22. (a) The commission shall comply with IC 5-22 (public
12 purchasing), IC 36-1-12 (public work projects), and any applicable
13 federal bidding statutes and regulations. A purchasing agency (as
14 defined in IC 5-22-2-25) of a political subdivision or other eligible
15 participant may enter into a lease for property with the
16 commission at any price and under any other terms and conditions
17 as may be determined by the political subdivision or eligible
18 participant.
19 (b) The commission may purchase real property and shall first
20 approve the price to be offered to the owner of each parcel of
21 interest. For properties and interests in real property that:
22 (1) are not for sale at auction; or
23 (2) have a total purchase price (including land and structures,
24 if any) of at least seventy-five thousand dollars ($75,000);
25 the initial price to be offered may not exceed the average of two (2)
26 independent appraisals of fair market value procured by the
27 commission, except that appraisals are not required in transactions
28 with other governmental agencies. The price offered may not
29 exceed the average of the two (2) appraisals unless specifically
30 authorized by the commission or ordered by a court in
31 condemnation proceedings. Appraisals made under this subsection
32 are for the information of the commission and are not public
33 records or open for public inspection. Negotiations for the
34 purchase of property may be carried on directly by the
35 commission, by its employees, or by expert negotiators, but no
36 option, contract, or understanding related to the purchase of real
37 property is binding on the commission until approved and accepted
38 by the commission in writing. The commission may also authorize
39 the payment of a nominal fee to bind an option and as a part of the
40 consideration for conveyance may agree to pay the expense
41 incident to the conveyance and determination of the title of the
42 property. Payment for the property purchased shall be made when
ES 468—LS 7217/DI 87 7
1 and as directed by the commission, but only on delivery of proper
2 instruments conveying the title or interest of the owner to the
3 "Midwest Continental Divide Commission". All real property and
4 interests in real property acquired by the commission are free and
5 clear of all governmental liens, assessments, and other
6 governmental charges except for current property taxes, which
7 shall be prorated to the date of acquisition.
8 (c) Notwithstanding subsections (a) and (b), the commission
9 may, before the time referred to in this section, accept gifts of
10 property if the property is free and clear of all governmental liens
11 other than taxes, assessments, and other governmental charges.
12 The commission may, before the time referred to in this section,
13 take options on or contract for the acquisition of property if the
14 options and contracts are not binding on the commission until the
15 time referred to in this section and until money is available to pay
16 the consideration set out in the options or contracts.
17 Sec. 23. (a) The provisions of this section concerning
18 publication, bidding, and other procedures and requirements do
19 not apply to sales, leases, or other dispositions of real property to
20 eligible participants or Indiana nonprofit corporations or, if
21 constructed by a developer with revenue bond proceeds, to such
22 developer. The provisions of this section also do not prevent the
23 commission from renewing leases encumbering a property
24 acquired by the commission if the renewals do not collectively
25 exceed five (5) years.
26 (b) Before offering for sale or lease to the public any of the real
27 property acquired, the commission shall cause two (2) separate
28 appraisals of the sale value, or rental value in case of a lease, to be
29 made by independent appraisers. However, if the real property is
30 less than five (5) acres in size and the fair market value of the real
31 property or interest has been appraised by one (1) independent
32 appraiser at less than fifty thousand dollars ($50,000), the
33 commission may proceed with one (1) appraisal. In making
34 appraisals, the appraisers shall take into consideration the size,
35 location, and physical condition of the parcels, the advantages
36 accruing to the parcels under the development plan, and all other
37 factors having a bearing on the value of the parcels. The appraisals
38 are solely for the information of the commission, and are not open
39 for public inspection.
40 (c) Upon completion of the appraisals described in subsection
41 (b), the commission shall prepare an offering sheet showing the
42 parcels to be offered and the offering prices, which may not be less
ES 468—LS 7217/DI 87 8
1 than the average of the two (2) appraisals. Copies of the offering
2 sheet shall be furnished to prospective buyers on request. Maps
3 and plats showing the size and location of all parcels to be offered
4 shall also be kept available for inspection at the office of the
5 commission.
6 (d) The commission shall publish notice in accordance with
7 IC 5-3-1. The notice must state that at a designated time the
8 commission will open and consider written offers for the purchase
9 or lease of the real property being offered. In giving the notice it is
10 not necessary to describe each parcel separately, or to specify the
11 exact terms of disposition, but the notice must state:
12 (1) the general location of the parcels;
13 (2) any limitations on the use to be made of the real property
14 offered; and
15 (3) that a bid submitted by a trust (as defined in
16 IC 30-4-1-1(a)) must identify each:
17 (A) beneficiary of the trust; and
18 (B) settlor empowered to revoke or change the trust.
19 (e) The notice shall provide when offers are due, and the
20 commission shall open the offers at a public meeting. These offers
21 may consist of consideration in the form of cash, other property, or
22 a combination of cash and other property. However, with respect
23 to property other than cash, the offer must be accompanied by
24 evidence of the property's fair market value that is satisfactory to
25 the commission in its sole discretion. All offers received shall be
26 opened at public meetings of the commission and shall be kept open
27 for public inspection.
28 (f) The commission may reject any bids and may make awards
29 to the highest and best bidders. In determining the best bids, the
30 commission shall take into consideration the following factors:
31 (1) The size and character of the improvements proposed to
32 be made by the bidder on the real property bid on.
33 (2) The bidder's plans and ability to improve the real property
34 with reasonable promptness.
35 (3) If the real property when improved will be sold or rented.
36 (4) The bidder's proposed sale or rental prices.
37 (5) The bidder's compliance with subsection (d)(3).
38 (6) Any factors that will assure the commission that the sale
39 or lease, if made, will further the execution of the
40 commission's development plan and best serve the interest of
41 the community, from the standpoint of both human and
42 economic welfare.
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1 (g) The commission may contract with a bidder in regard to the
2 factors listed in subsection (f), and the contract may provide for the
3 deposit of surety bonds, the making of good faith deposits,
4 liquidated damages, the right of repurchase, or other rights and
5 remedies if the bidder fails to comply with the contract.
6 (h) After the opening and consideration of the written offers
7 filed in response to the notice, the commission may dispose of the
8 remainder of the available real property either at public sale or by
9 private negotiation carried on by the commission, the commission's
10 regular employees, or real estate experts employed for that
11 purpose. For a period of thirty (30) days after the opening of the
12 written offers, no sale or lease may be made at a price or rental less
13 than that shown on the offering sheet, except in the case of sales or
14 rentals of ten (10) or more parcels to a purchaser or lessee who
15 agrees to improve the parcels immediately, but after that period
16 the commission may adjust the offering prices in the manner the
17 commission considers necessary to further the development plan.
18 (i) A conveyance under this section may not be made until the
19 agreed consideration has been paid, unless the commission passes
20 a resolution expressly providing that the consideration does not
21 need to be paid before the conveyance is made. In addition, such a
22 resolution may provide for a mortgage or other security. All deeds,
23 leases, land sale contracts, or other conveyances, and all contracts
24 and agreements, including contracts of purchase and sale and
25 contracts for advancements, loans, grants, contributions, or other
26 aid, shall be executed in the name of the "Midwest Continental
27 Divide Commission ", and shall be signed by the chair or vice chair
28 of the commission and attested by the commission's
29 secretary-treasurer. A seal is not required on these instruments or
30 any other instruments executed in the name of the commission.
31 (j) Once a property has been leased in accordance with this
32 section, such lease may be renewed, extended, or replaced by the
33 commission provided that the commission shall secure one (1) or
34 more appraisals to evidence the existing fair market lease rental to
35 the extent such renewals collectively exceed five (5) years from the
36 expiration or termination of the original lease term or each
37 extension or new lease interval entered into thereafter. The
38 commission shall consider the results of such appraisals before the
39 approval of such lease renewal or new lease.
40 Sec. 24. (a) The state board of accounts shall, pursuant to
41 IC 5-11-1-7 and IC 5-11-1-24, allow the commission to contract
42 with a certified public accountant for an annual financial audit of
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1 the commission. The certified public accountant may not have a
2 significant financial interest in a project, facility, or service funded
3 by or leased by or to the commission. The certified public
4 accountant selected by the commission must be approved by the
5 state examiner and is subject to the direction of the state examiner
6 while performing an annual financial audit under this chapter.
7 (b) The certified public accountant shall present an audit report
8 not later than four (4) months after the end of each calendar year
9 and shall make recommendations to improve the efficiency of the
10 commission's operations. The certified public accountant shall also
11 perform a study and evaluation of internal accounting controls and
12 shall express an opinion on the controls that were in effect during
13 the audit period.
14 (c) The commission shall pay the cost of the annual financial
15 audit under subsection (a). In addition, the state board of accounts
16 may at any time conduct an audit of any phase of the operations of
17 the commission. The commission shall pay the cost of any audit by
18 the state board of accounts.
19 (d) The state board of accounts may waive the requirement that
20 a certified public accountant perform an annual financial audit of
21 the commission for a particular year if the commission certifies to
22 the state board of accounts that the commission had no financial
23 activity during that year.
24 Sec. 25. (a) The commission shall do the following:
25 (1) Assist in the coordination of efforts concerning projects
26 that are located in or otherwise affect the district.
27 (2) Assist an eligible county, an eligible unit, a tribal
28 government of a reservation site, and a development authority
29 in coordinating tourism and economic development efforts
30 related to or that otherwise leverage economic improvement
31 projects in or serving the district.
32 (3) Provide for the design, development, construction,
33 operation, and maintenance of the trail project.
34 (b) The commission may do any of the following:
35 (1) Improve, construct, reconstruct, renovate, purchase,
36 acquire, and equip land and economic improvement projects.
37 (2) Lease land or an economic improvement project.
38 (3) Acquire and construct additional improvements to
39 economic improvement projects or other capital
40 improvements owned by the commission and lease them to or
41 for the benefit of an eligible participant.
42 (4) Acquire land or all or a part of one (1) or more economic
ES 468—LS 7217/DI 87 11
1 improvement projects from an eligible participant or an
2 Indiana nonprofit corporation by purchase and lease the land
3 or economic improvement projects back to the eligible
4 participant or Indiana nonprofit, with any additional
5 improvements that may be made to the land or economic
6 improvement projects.
7 (5) Acquire all or a part of one (1) or more economic
8 improvement projects from an eligible participant by
9 purchase to fund or refund indebtedness incurred on account
10 of the economic improvement projects to enable the eligible
11 participant to make a savings in debt service obligations or
12 lease rental obligations or to get relief from covenants that the
13 eligible participant considers to be unduly burdensome.
14 (6) Make loans, loan guarantees, and grants or provide other
15 financial assistance to or on behalf of the following for
16 economic improvement projects:
17 (A) A commuter transportation district.
18 (B) An airport authority.
19 (C) A regional transportation authority.
20 (D) An eligible county.
21 (E) An eligible unit.
22 (7) Provide funding for economic improvement projects.
23 (8) Hold, use, purchase, acquire, and dispose of by purchase,
24 exchange, gift, bequest, grant, condemnation (subject to
25 subsection (d)), lease, or sublease, on the terms and conditions
26 determined by the commission, any real or personal property.
27 (9) After giving notice, enter upon any lots or lands for the
28 purpose of surveying or examining the lots or lands to
29 determine the location of an economic improvement project.
30 (10) Make or enter into all contracts and agreements
31 necessary or incidental to the performance of the
32 commission's duties and the execution of the commission's
33 powers under this chapter.
34 (11) Sue, be sued, plead, and be impleaded.
35 (12) Design, order, contract for, construct, reconstruct, and
36 renovate an economic improvement project.
37 (13) Appoint or contract for an executive director and employ
38 appraisers, real estate experts, engineers, architects,
39 surveyors, attorneys, accountants, auditors, clerks,
40 construction managers, and any consultants or employees that
41 are necessary or desired by the commission in exercising the
42 commission's powers or carrying out the commission's duties
ES 468—LS 7217/DI 87 12
1 under this chapter.
2 (14) Accept grants, and other forms of financial assistance
3 from the federal government, the state government, an
4 eligible participant, or any other public or private source.
5 (15) Use the commission's funds to match federal grants or
6 make loans, loan guarantees, or grants to carry out the
7 commission's powers and duties under this chapter.
8 (16) Recommend any changes and approve any requested
9 variances to the land use and zoning plan for the district.
10 (17) Except as prohibited by law, take any action necessary to
11 carry out this chapter.
12 (c) If the commission is unable to agree with the owners, lessees,
13 or occupants of any real property in the district selected for the
14 purposes of this chapter, the commission may proceed under
15 IC 32-24-1 to procure the condemnation of the property, subject to
16 the approvals set forth in subsection (d). The commission may not
17 institute a proceeding until it has adopted a resolution that:
18 (1) describes the real property sought to be acquired and the
19 purpose for which the real property is to be used;
20 (2) declares that the public interest and necessity require the
21 acquisition by the commission of the property involved; and
22 (3) sets out any other facts that the commission considers
23 necessary or pertinent.
24 The resolution is conclusive evidence of the public necessity of the
25 proposed acquisition.
26 (d) The commission may exercise the power of eminent domain
27 as provided in section 22 of this chapter and subsection (c)
28 concerning a particular property only if the acquisition of the real
29 property has been approved by:
30 (1) the legislative body of the eligible city if the property is
31 located inside the eligible city; or
32 (2) the legislative body of the eligible county if the property is
33 not located inside the eligible city.
34 Sec. 26. The commission may enter into an agreement with an
35 eligible participant or Indiana nonprofit corporation to:
36 (1) jointly equip, own, and purchase economic improvement
37 projects in or serving the district; or
38 (2) otherwise carry out the purposes of the commission.
39 Sec. 27. The commission shall before April 1 of each year issue
40 a report to the legislative council, budget committee, and the
41 legislative body and executive of the eligible county and the eligible
42 city concerning the operations and activities of the commission
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1 during the preceding calendar year. The report to the legislative
2 council must be in an electronic format under IC 5-14-6.
3 Sec. 28. (a) The board shall establish and administer the
4 commission fund.
5 (b) The commission fund consists of the following:
6 (1) Amounts transferred to the fund by an eligible county or
7 eligible unit, including any payments required under an
8 interlocal agreement or other similar agreement between the
9 eligible county or eligible unit, or by another eligible
10 participant. The transfers allowed by this subdivision from an
11 eligible county or eligible unit may be made from any local
12 revenue of an eligible county or eligible unit, as applicable,
13 including any department or instrumentality thereof, which
14 local revenue may include property tax revenue, tax
15 increment financing revenues, distributions, incentive
16 payments, money deposited in the eligible county's or eligible
17 unit's local major moves construction fund under IC 8-14-16,
18 money received by an eligible participant under a
19 development or interlocal agreement, or any other local
20 revenue that is not otherwise restricted by law or committed
21 for the payment of other obligations.
22 (2) Appropriations, grants, or other distributions made to the
23 fund by the state.
24 (3) Money received from the federal government.
25 (4) Gifts, contributions, donations, and private grants made
26 to the fund.
27 (c) All revenue of the commission may be deposited in the
28 general account at the discretion of the board, and such deposits
29 may be used for any purpose authorized by this chapter.
30 (d) The commission fund shall be administered by the board
31 that established the commission fund.
32 (e) Money in the commission fund shall be used by the
33 commission to carry out this chapter and does not revert to any
34 other fund.
35 Sec. 29. (a) Bonds issued under IC 36-7-12, IC 36-7-14, or other
36 applicable law may be refunded as provided in this section.
37 (b) An eligible participant or Indiana nonprofit corporation
38 may sell all or a part of land or an economic improvement project
39 or projects to the commission for a price sufficient to provide for
40 the refunding of those bonds and lease back the land or economic
41 improvement project or projects from the commission.
42 Sec. 30. (a) Before a lease may be entered into by an eligible
ES 468—LS 7217/DI 87 14
1 participant under this chapter, the eligible participant must find
2 that the lease rental provided for is fair and reasonable.
3 (b) A lease of land or an economic improvement project from
4 the commission to an eligible participant or Indiana nonprofit
5 corporation:
6 (1) may not have a term exceeding twenty (20) years;
7 (2) may not require payment of lease rentals for a newly
8 constructed economic improvement project or for
9 improvements to an existing economic improvement project
10 until the economic improvement project or improvements to
11 the economic improvement project have been completed and
12 are ready for occupancy or use;
13 (3) may contain provisions:
14 (A) allowing the eligible participant or Indiana nonprofit
15 to continue to operate an existing economic improvement
16 project until completion of the acquisition, improvements,
17 reconstruction, or renovation of that economic
18 improvement project or any other economic improvement
19 project; and
20 (B) requiring payment of lease rentals for land, for an
21 existing economic improvement project being used,
22 reconstructed, or renovated, or for any other existing
23 economic improvement project;
24 (4) may contain an option to renew the lease for the same or
25 a shorter term on the conditions provided in the lease;
26 (5) must contain an option for the eligible participant or
27 Indiana nonprofit corporation to purchase the economic
28 improvement project upon the terms stated in the lease
29 during the term of the lease for a price equal to the amount
30 required to pay all indebtedness incurred on account of the
31 economic improvement project, including indebtedness
32 incurred for the refunding of that indebtedness;
33 (6) may be entered into before acquisition or construction of
34 an economic improvement project;
35 (7) may provide that the eligible participant shall agree to:
36 (A) pay any taxes and assessments on the economic
37 improvement project;
38 (B) maintain insurance on the economic improvement
39 project for the benefit of the commission;
40 (C) assume responsibility for utilities, repairs, alterations,
41 and any costs of operation; and
42 (D) pay a deposit or series of deposits to the commission
ES 468—LS 7217/DI 87 15
1 from any funds available to the eligible participant before
2 the start of the lease to secure the performance of the
3 eligible participant's obligations under the lease; and
4 (8) must provide that the lease rental payments by the eligible
5 participant shall be made from the commission fund
6 established under section 28 of this chapter and may provide
7 that the lease rental payments by the eligible participant shall
8 be made from:
9 (A) net revenues of the economic improvement project;
10 (B) any other funds available to the eligible participant; or
11 (C) both sources described in clauses (A) and (B).
12 Sec. 31. This chapter contains full and complete authority for
13 leases between the commission and an eligible participant. No law,
14 procedure, proceedings, publications, notices, consents, approvals,
15 orders, or acts by the commission or the eligible participant or any
16 other officer, department, agency, or instrumentality of the state
17 or any political subdivision is required to enter into any lease,
18 except as prescribed in this chapter.
19 Sec. 32. If the lease provides for an economic improvement
20 project or improvements to an economic improvement project to
21 be constructed by the commission, the plans and specifications
22 shall be submitted to and approved by all agencies designated by
23 law to pass on plans and specifications for such project or
24 improvements.
25 Sec. 33. The commission may enter into common wall (party
26 wall) agreements or other agreements concerning easements or
27 licenses. These agreements shall be recorded with the recorder of
28 the county in which the economic improvement project is located.
29 Sec. 34. (a) An eligible participant or Indiana nonprofit may sell
30 to the commission one (1) or more economic improvement projects
31 or parts of an economic improvement project or land on which an
32 economic improvement project is located or is to be constructed.
33 (b) An eligible participant may sell property to the commission
34 for the amount the eligible participant determines to be in the best
35 interest of the eligible participant.
36 Sec. 35. (a) All:
37 (1) property owned by the commission or lease interest of the
38 commission; and
39 (2) revenue of the commission;
40 are exempt from taxation in Indiana for all purposes except the
41 financial institutions tax imposed under IC 6-5.5.
42 (b) A contractor may issue an exemption certificate under
ES 468—LS 7217/DI 87 16
1 IC 6-2.5-8-8 to a vendor when purchasing tangible personal
2 property to be incorporated into real property on land owned or
3 leased by the commission located in the district.
4 (c) All securities issued under this chapter are exempt from the
5 registration requirements of IC 23-19 and other securities
6 registration statutes.
7 Sec. 36. (a) This section applies if an eligible county or an
8 eligible unit fails to make a transfer or part of a transfer required
9 by section 28 of this chapter.
10 (b) The treasurer of state or treasurer of county, as applicable,
11 shall do the following:
12 (1) Withhold an amount equal to the amount of the transfer
13 or part of the transfer under section 28 of this chapter that
14 the eligible county or eligible unit failed to make from money
15 in the possession of the state that would otherwise be available
16 for distribution to the eligible county or eligible unit under
17 any other law.
18 (2) Pay the amount withheld under subdivision (1) to the
19 commission to satisfy the eligible county's or eligible unit's
20 obligations to the commission.
21 SECTION 2. [EFFECTIVE JULY 1, 2025] (a) Notwithstanding
22 the purposes and limitations specified in SECTION 30 of
23 P.L.201-2023 (HEA 1001-2023) for the thirty million dollar
24 ($30,000,000) appropriation for the state fiscal year ending June
25 30, 2024, to the northern Indiana regional development authority
26 to be used only to support capital projects to expand the Indiana
27 Enterprise Center and for certain potential economic development
28 projects with a certain proposed total capital investment, the
29 appropriation may also be expended by the northern Indiana
30 regional development authority to support and provide funding to
31 the Midwest continental divide commission (established under
32 IC 36-10-16, as added by this act).
33 (b) This SECTION expires July 1, 2028.
ES 468—LS 7217/DI 87 17
COMMITTEE REPORT
Mr. President: The Senate Committee on Appropriations, to which
was referred Senate Bill No. 468, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, line 8, delete "20" and insert "19".
Page 2, delete line 42.
Page 3, delete lines 1 through 3.
Page 3, line 4, delete "14." and insert "13.".
Page 3, line 7, delete "15." and insert "14.".
Page 3, line 13, delete "16." and insert "15.".
Page 3, line 17, delete "17." and insert "16.".
Page 3, line 22, delete "18." and insert "17.".
Page 3, line 27, delete "19." and insert "18.".
Page 4, line 19, delete "20." and insert "19.".
Page 4, line 25, delete "of the house of representatives".
Page 4, line 27, delete "of the senate".
Page 4, delete lines 29 through 33, begin a new line block indented
and insert:
"(5) One (1) member appointed by the Chair of the Pokagon
Band of the Potawatomi.".
Page 5, line 17, delete "21." and insert "20.".
Page 5, line 27, delete "22." and insert "21.".
Page 5, line 38, delete "23." and insert "22.".
Page 5, line 42, delete "24." and insert "23.".
Page 7, line 12, delete "25." and insert "24.".
Page 9, line 35, delete "26." and insert "25.".
Page 10, line 19, delete "27." and insert "26.".
Page 12, line 25, delete "24" and insert "23".
Page 12, line 32, delete "28." and insert "27.".
Page 12, line 37, delete "29." and insert "28.".
Page 13, line 1, delete "30." and insert "29.".
Page 13, delete lines 35 through 42.
Page 14, delete lines 1 through 4.
Page 14, line 5, delete "(e)" and insert "(d)".
Page 14, line 9, delete "(f)" and insert "(e)".
Page 14, line 11, delete "(g)" and insert "(f)".
Page 14, line 14, delete "31." and insert "30.".
Page 14, line 36, delete "forty (40)" and insert "twenty (20)".
Page 15, line 38, delete "32." and insert "31.".
Page 16, line 2, delete "33." and insert "32.".
ES 468—LS 7217/DI 87 18
Page 16, line 26, delete "34." and insert "33.".
Page 16, line 41, delete "35." and insert "34.".
Page 17, line 5, delete "forty (40)" and insert "twenty (20)".
Page 18, line 5, delete "30" and insert "29".
Page 18, line 11, delete "36." and insert "35.".
Page 18, line 18, delete "37." and insert "36.".
Page 18, line 24, delete "38." and insert "37.".
Page 18, line 28, delete "39." and insert "38.".
Page 18, line 42, delete "40." and insert "39.".
Page 19, line 18, delete "41." and insert "40.".
Page 19, line 32, delete "42." and insert "41.".
Page 19, line 35, delete "43." and insert "42.".
Page 19, line 38, delete "30" and insert "29".
Page 19, line 40, "delete "31(h)" and insert "30(h)".
Page 20, line 5, delete "30" and insert "29".
Page 20, line 13, delete "44." and insert "43.".
Page 20, line 17, delete "30 or 31(h)" and insert "29 or 30(h)".
and when so amended that said bill do pass.
(Reference is to SB 468 as introduced.)
MISHLER, Chairperson
Committee Vote: Yeas 10, Nays 0.
_____
SENATE MOTION
Mr. President: I move that Senate Bill 468 be amended to read as
follows:
Page 2, delete lines 30 through 33, begin a new paragraph and
insert:
"Sec. 9. As used in this chapter, "eligible city" refers to a city
having a population of more than one hundred thousand (100,000)
and less than one hundred ten thousand (110,000).
Sec. 10. As used in this chapter, "eligible county" refers to a
county having a population of more than two hundred fifty
thousand (250,000) and less than three hundred thousand
(300,000).".
Page 4, delete line 27, begin a new paragraph and insert:
"(c) A legislative member of the board is a nonvoting advisory
ES 468—LS 7217/DI 87 19
member. All other members are voting members.".
Page 4, delete lines 38 through 42.
Page 5, delete lines 1 through 12, begin a new paragraph and insert:
"(f) A board member may not receive a salary. However, a
board member is entitled to receive the following:
(1) A nonlegislative member is entitled to reimbursement for
any expenses necessarily incurred in the performance of the
member's duties. A reimbursement shall be paid from the
commission's funds.
(2) A legislative member is entitled to receive the same per
diem, mileage, and travel allowances established by the
legislative council and paid to members of the general
assembly serving on interim study committees. The
allowances shall be paid by the legislative services agency
from the amounts appropriated for that purpose.
Sec. 20. (a) At the organizational meeting described in section
21(b)(1) and 21(b)(2) of this chapter, the board shall elect the
following officers from the voting or nonvoting members:".
Page 5, line 16, delete "three (3)" and insert "a majority of the
voting".
Page 5, delete lines 23 through 25, begin a new paragraph and
insert:
"(b) The board shall meet quarterly subject to the following:
(1) Within thirty (30) days of the appointment of all the board
members, at the call of the board member appointed by the
county executive, the board shall hold its initial meeting for
the purpose of organization to elect officers in accordance
with section 20(a) of this chapter.
(2) In January 2027, and in each January thereafter, the
board shall hold an organizational meeting at the call of the
chair, or if the chair is unavailable, at the call of any other
two (2) members of the board to elect officers in accordance
with section 20(a) of this chapter.
(3) After the organization meetings described in subdivisions
(1) and (2), all subsequent quarterly meetings shall be held at
the call of the chair or, if the chair is unavailable, at the call
of any other two (2) members of the board.
(c) In addition to the regularly scheduled quarterly meetings
described in subsection (b), the board may meet up to two (2) more
times annually at the call of the chair or, if the chair is unavailable,
at the call of any other two (2) members of the board.".
Page 5, line 27, delete "three (3)" and insert "a majority of the
ES 468—LS 7217/DI 87 20
voting".
Page 5, line 29, delete "should" and insert "may".
Page 5, between lines 30 and 31, begin a new paragraph and insert:
"(g) The commission may conduct meetings electronically as
provided in IC 36-7-14.5-9.5.".
(Reference is to SB 468 as printed January 24, 2025.)
NIEZGODSKI
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred Senate Bill 468, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, line 8, delete "19" and insert "18".
Page 1, delete lines 9 through 11.
Page 1, line 12, delete "4." and insert "3.".
Page 1, line 15, delete "5." and insert "4.".
Page 2, line 1, delete "6." and insert "5.".
Page 2, line 3, delete "7." and insert "6.".
Page 2, line 5, delete "8." and insert "7.".
Page 2, line 30, delete "9." and insert "8.".
Page 2, line 33, delete "10." and insert "9.".
Page 2, line 37, delete "11." and insert "10.".
Page 3, line 1, delete "12." and insert "11.".
Page 3, line 3, delete "13." and insert "12.".
Page 3, line 6, delete "14." and insert "13.".
Page 3, line 12, delete "15." and insert "14.".
Page 3, line 16, delete "16." and insert "15.".
Page 3, line 21, delete "17." and insert "16.".
Page 3, line 24, delete "owning, leasing, and financing" and insert
"and owning".
Page 3, line 26, delete "18." and insert "17.".
Page 4, line 18, delete "19." and insert "18.".
Page 5, line 12, delete "20." and insert "19.".
Page 5, line 13, delete "21(b)(1) and 21(b)(2)" and insert "20(b)(1)
and 20(b)(2)".
Page 5, line 22, delete "21." and insert "20.".
ES 468—LS 7217/DI 87 21
Page 5, line 30, delete "20(a)" and insert "19(a)".
Page 5, line 35, delete "20(a)" and insert "19(a)".
Page 6, line 10, delete "22." and insert "21.".
Page 6, line 14, delete "23." and insert "22.".
Page 6, line 18, after "may" delete ":".
Page 6, delete line 19.
Page 6, line 20, delete "(2)".
Page 6, line 20, after "commission" delete ";".
Page 6, run in lines 18 through 21.
Page 7, delete lines 21 through 25.
Page 7, line 26, delete "24." and insert "23.".
Page 10, line 7, delete "25." and insert "24.".
Page 10, line 33, delete "26." and insert "25.".
Page 11, line 2, delete "Finance, improve," and insert "Improve,".
Page 11, line 3, delete "lease,".
Page 11, line 6, delete "Finance and" and insert "Acquire and".
Page 11, line 12, delete "or lease".
Page 11, line 19, delete "or lease".
Page 11, line 34, delete "lease, rent,".
Page 12, line 14, delete "loans,".
Page 12, line 39, delete "23" and insert "22".
Page 13, line 4, delete "27." and insert "26.".
Page 13, line 6, delete "lease, and finance" and insert "and
purchase".
Page 13, line 9, delete "28." and insert "27.".
Page 13, line 15, delete "29." and insert "28.".
Page 13, delete lines 39 through 42.
Page 14, delete lines 1 through 6.
Page 14, line 7, delete "(d) All nonpledged money and" and insert
"(c) All".
Page 14, line 11, delete "(e)" and insert "(d)".
Page 14, line 13, delete "(f)" and insert "(e)".
Page 14, delete lines 16 through 42.
Delete page 15.
Page 16, delete lines 1 through 27.
Page 16, line 28, delete "33." and insert "29.".
Page 16, line 31, after "may" delete ":".
Page 16, delete lines 32 through 37.
Page 16, line 38, delete "(2)".
Page 16, run in lines 31 through 38.
Page 17, line 1, delete "34." and insert "30.".
Page 18, line 7, delete "29" and insert "28".
ES 468—LS 7217/DI 87 22
Page 18, line 13, delete "35." and insert "31.".
Page 18, line 20, delete "36." and insert "32.".
Page 18, line 26, delete "37." and insert "33.".
Page 18, line 30, delete "38." and insert "34.".
Page 18, line 31, delete "lease for a nominal lease rental, or".
Page 18, line 31, after "commission" delete ",".
Page 18, delete lines 35 through 39.
Page 18, line 40, delete "(c)" and insert "(b)".
Page 18, line 42, delete "The commission may pay that".
Page 19, delete line 1.
Page 19, line 2, delete "39." and insert "35.".
Page 19, line 5, delete "and".
Page 19, line 4, after "commission;" insert "and".
Page 19, delete lines 6 through 10.
Page 19, delete lines 20 through 36.
Page 19, line 37, delete "42." and insert "36.".
Page 19, line 39, delete "by:" and insert "by section 28 of this
chapter.".
Page 19, delete lines 40 through 42.
Page 20, delete lines 1 through 3.
Page 20, line 7, delete "29" and insert "28".
Page 20, delete lines 15 through 34, begin a new paragraph and
insert:
"SECTION 2. [EFFECTIVE JULY 1, 2025] (a) Notwithstanding
the purposes and limitations specified in SECTION 30 of
P.L.201-2023 (HEA 1001-2023) for the thirty million dollar
($30,000,000) appropriation for the state fiscal year ending June
30, 2024, to the northern Indiana regional development authority
to be used only to support capital projects to expand the Indiana
Enterprise Center and for certain potential economic development
projects with a certain proposed total capital investment, the
appropriation may also be expended by the northern Indiana
regional development authority to support and provide funding to
the Midwest continental divide commission (established under
IC 36-10-16, as added by this act).
(b) This SECTION expires July 1, 2028.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
ES 468—LS 7217/DI 87 23
(Reference is to SB 468 as reprinted February 7, 2025.)
THOMPSON
Committee Vote: yeas 23, nays 0.
ES 468—LS 7217/DI 87