Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 4-33-23
     Chapter 23. Administration of Local Development Agreements

IC 4-33-23-1
"Affiliate"
    
Sec. 1. As used in this chapter, "affiliate" means any person who directly or indirectly controls, is controlled by, or is under common control of another person.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-2
"Development agreement"
    
Sec. 2. As used in this chapter, "development agreement" means the written agreement or group of written agreements that:
        (1) is between a person or a unit of government, and a development provider; and
        (2) sets forth the financial commitments of a development provider to support economic development, including, without limitation, charitable or educational purposes in a specified location.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-3
"Development provider"
    
Sec. 3. As used in this chapter, "development provider" means:
        (1) a licensed owner;
        (2) an operating agent; or
        (3) an affiliate of a licensed owner or an operating agent who makes or may make an economic development payment.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-4
"Economic development payment"
    
Sec. 4. As used in this chapter, "economic development payment" means monetary disbursement paid under a development agreement that is:
        (1) received by a unit of government or any other person; and
        (2) not paid in legitimate exchange for anything of value, including, without limitation:
            (A) a lease;
            (B) a purchase order; or
            (C) a service contract.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-5
"Specified recipient"
    
Sec. 5. As used in this chapter, "specified recipient" means a person that is named in a development agreement that:
        (1) receives an economic development payment from a

development provider; and
        (2) is not a party to the development agreement.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-6
"Unspecified recipient"
    
Sec. 6. As used in this chapter, "unspecified recipient" means a person that is not named in a development agreement that receives a disbursement of money from a specified recipient.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-7
Commission jurisdiction over development agreements
    
Sec. 7. (a) The commission has continuous jurisdiction over development agreements, including the ability to disapprove part or all of a development agreement if disapproval would ensure:
        (1) compliance with this article, the rules of the commission, and federal law;
        (2) the integrity of gambling operations in Indiana; and
        (3) compliance with the purposes of the agreement.
    (b) The commission may verify and ensure that development agreements, economic development payments, disbursements to unspecified recipients, and expenditures of third party recipients:
        (1) comply with state and federal law;
        (2) do not adversely affect the integrity of gambling operations in Indiana; and
        (3) comply with the purposes of the agreement.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-8
Development agreements; required statement
    
Sec. 8. All development agreements must contain the following statement:
        "All parties to this agreement recognize the authority of the Indiana gaming commission over this agreement, including the authority to disapprove all or part of this agreement, to verify and ensure payments made under this agreement, to verify and ensure expenditures by recipients, to verify and ensure compliance with the purposes of the agreement, and to act concerning modifications to the agreement. All parties to this agreement agree to comply fully with any requests for information or directives related to the exercise of the commission's authority.".
As added by P.L.82-2011, SEC.1. Amended by P.L.6-2012, SEC.21.

IC 4-33-23-9
Development agreements; economic development payments
    
Sec. 9. A development agreement shall accurately reflect the flow of economic development payments.
As added by P.L.82-2011, SEC.1.



IC 4-33-23-10
Annual reports of development providers
    
Sec. 10. (a) A development provider shall report annually to the commission the following:
        (1) the total dollar amounts of economic development payments;
        (2) the parties or specified recipients, or both, that receive economic development payments; and
        (3) any other items related to an economic development payment that the commission may require.
    (b) A specified recipient of an economic development payment shall report annually to the commission an accounting of:
        (1) any economic development payment received by the recipient; and
        (2) any disbursements of economic development payment money that the recipient makes to:
            (A) another specified recipient; or
            (B) an unspecified recipient.
    (c) A report submitted under subsection (b) must include:
        (1) the legal name of the person submitting the report;
        (2) the date, amount, and purpose of each disbursement;
        (3) the name of each specified or unspecified recipient receiving a disbursement; and
        (4) any other information that the commission may require.
    (d) Upon request of the commission, a person submitting a report under subsection (a) or (b) shall attach to the report sufficient documentation to support a transaction described in the report.
    (e) A report submitted under subsection (a) or (b) must be submitted to the department of local government finance and made available electronically through the Indiana transparency Internet web site established under IC 5-14-3.7.
    (f) The commission may require, with respect to a report required by this section:
        (1) the format of the report;
        (2) the deadline by which the report must be filed; and
        (3) the manner in which the report must be maintained and filed.
As added by P.L.82-2011, SEC.1. Amended by P.L.229-2013, SEC.24.

IC 4-33-23-11
Restrictions on parties to development agreements and recipients
    
Sec. 11. (a) A party that is not the development provider may not be a for-profit person.
    (b) A specified recipient may not be a for-profit person.
    (c) A specified recipient who disburses part or all of an economic development payment to an unspecified recipient has a duty to ensure that the expenditures made by the unspecified recipient directly advance the stated purposes of the economic development payment.
As added by P.L.82-2011, SEC.1. Amended by P.L.6-2012, SEC.22.



IC 4-33-23-12
Nonprofit specified recipients; conflict of interest statements
    
Sec. 12. (a) Each nonprofit specified recipient must have a conflict of interest statement that complies with state and federal law, and must provide the commission with a copy of the statement.
    (b) Each nonprofit specified recipient must provide the commission with a copy of its bylaws.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-13
Economic development payments; deposits
    
Sec. 13. (a) Any recipient of an economic development payment must deposit the economic development payment into a separate and segregated bank account not later than five (5) days after its receipt.
    (b) The bank account referenced in subsection (a):
        (1) must allow expenditures only in accordance with the terms of the development agreement;
        (2) must be used to account for and report the proceeds of economic development payments; and
        (3) must be maintained at an FDIC insured bank that is located in and has a corporate presence in the State of Indiana.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-14
Development agreement modifications
    
Sec. 14. (a) If all parties to a development agreement agree to modify the development agreement, the parties shall:
        (1) submit to the commission a written request for modification, which shall be signed by all parties;
        (2) submit a copy of the development agreement as it would appear after modification; and
        (3) submit a document explaining the parties' reasons for the requested modifications.
    (b) The commission may consider a request for modification that complies with subsection (a).
    (c) If the commission approves the parties' request, the parties shall provide the commission with a fully executed copy of the new development agreement not later than thirty (30) days after the date of commission approval.
As added by P.L.82-2011, SEC.1. Amended by P.L.6-2012, SEC.23.

IC 4-33-23-15
Modifications following commission disapproval of an economic development agreement
    
Sec. 15. (a) If the commission has disapproved all or part of a development agreement, the development provider shall request a modification of the development agreement.
    (b) The development provider shall submit to the commission:
        (1) a copy of the development agreement as it would appear after modification; and


        (2) a listing of all proposed modifications.
    (c) The commission shall consider a request for modification that complies with subsections (a) and (b).
    (d) The development provider shall notify all parties to the development agreement whose participation in the development agreement has not been disapproved of by the commission that it has submitted a modification request to the commission.
    (e) Any party to a development agreement whose participation in the development agreement has not been disapproved of by the commission may submit to the commission any information that it considers relevant to the proposed modification.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-16
Filings made available to the attorney general upon request
    
Sec. 16. Upon request of the attorney general, the commission shall make available to the attorney general all filings made under this chapter regarding a development agreement.
As added by P.L.82-2011, SEC.1.

IC 4-33-23-17
Political subdivision reporting to the department of local government finance
    
Sec. 17. (a) Any political subdivision receiving an economic development payment shall annually report the following information to the department of local government finance:
        (1) The total amount of economic development payments received in the previous state fiscal year.
        (2) The balance of the fund in which the political subdivision deposited the economic development payments under section 13 of this chapter as of the end of the previous state fiscal year.
    (b) A political subdivision shall submit the report required by subsection (a) to the department of local government finance before October 1 of each year.
    (c) The department of local government finance shall make the report available electronically through the Indiana transparency Internet web site established under IC 5-14-3.7.
As added by P.L.229-2013, SEC.25.