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IC 4-4-11-1
Title
Sec. 1. This chapter may be cited as "The Indiana finance
authority law".
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.16; P.L.235-2005, SEC.6.
IC 4-4-11-2
Legislative findings of fact; purpose
Sec. 2. (a) The legislature makes the following findings of fact:
(1) That there currently exists in certain areas of the state
critical conditions of unemployment, inadequate drinking water,
inadequate wastewater and storm water management, or
environmental pollution, including water pollution, air
pollution, sewage and solid waste, radioactive waste, thermal
pollution, radiation contamination, and noise pollution, and that
these conditions may well exist, from time to time, in other
areas of the state.
(2) That in some areas of the state such conditions are chronic
and of long standing and that without remedial measures they
may become so in other areas of the state.
(3) That economic insecurity due to unemployment, inadequate
drinking water, inadequate wastewater and storm water
management, or environmental pollution is a menace to the
health, safety, morals, and general welfare of not only the
people of the affected areas but of the people of the entire state.
(4) That involuntary unemployment and its resulting burden of
indigency falls with crushing force upon the unemployed
worker and ultimately upon the state in the form of public
assistance and unemployment compensation.
(5) That security against unemployment and the resulting spread
of indigency and economic stagnation in the areas affected can
best be provided by:
(A) the promotion, attraction, stimulation, rehabilitation, and
revitalization of industrial development projects, rural
development projects, mining operations, and agricultural
operations that involve the processing of agricultural
products;
(B) the promotion and stimulation of international exports;
and
(C) the education, both formal and informal, of people of all
ages throughout the state by the promotion, attraction,
construction, renovation, rehabilitation, and revitalization of
and assistance to educational facility projects.
(6) That the present and prospective health, safety, morals, right
to gainful employment, and general welfare of the people of the
state require as a public purpose the provision of safe drinking
water, the provision of wastewater and storm water
management, the abatement or control of pollution, the
promotion of increased educational enrichment (including
cultural, intellectual, scientific, or artistic opportunities) for
people of all ages through new, expanded, or revitalized
educational facility projects or through assisting educational
facility projects, and the promotion of employment creation or
retention through development of new and expanded industrial
development projects, rural development projects, mining
operations, and agricultural operations that involve the
processing of agricultural products.
(7) That there is a need to stimulate a larger flow of private
investment funds from commercial banks, investment bankers,
insurance companies, other financial institutions, and
individuals into such industrial development projects, rural
development projects, mining operations, international exports,
and agricultural operations that involve the processing of
agricultural products in the state.
(8) That the authority can encourage the making of loans or
leases for creation or expansion of industrial development
projects, rural development projects, mining operations,
international exports, and agricultural operations that involve
the processing of agricultural products, thus putting a larger
portion of the private capital available in Indiana for investment
to use in the general economic development of the state.
(9) That the issuance of bonds of the authority to create a
financing pool for industrial development projects and carrying
out the purposes of IC 13-18-13 and IC 13-18-21 promoting a
substantial likelihood of opportunities for:
(A) gainful employment;
(B) business opportunities;
(C) educational enrichment (including cultural, intellectual,
scientific, or artistic opportunities);
(D) the abatement, reduction, or prevention of pollution;
(E) the provision of safe drinking water;
(F) the provision of wastewater and storm water
management;
(G) the removal or treatment of any substances in materials
being processed that otherwise would cause pollution when
used; or
(H) increased options for and availability of child care;
will improve the health, safety, morals, and general welfare of
the people of the state and constitutes a public purpose for
which the authority shall exist and operate.
(10) That the issuance of bonds of the authority to create a
funding source for the making of guaranteed participating loans
will promote and encourage an expanding international exports
market and international exports sales and will promote the
general welfare of all of the people of Indiana by assisting
Indiana businesses through stimulation of the expansion of
international exports sales for Indiana products and services,
especially those of small and medium-sized businesses, by
providing financial assistance through the authority.
(b) The Indiana finance authority shall exist and operate for the
public purposes of:
(1) promoting opportunities for gainful employment and
business opportunities by the promotion and development of
industrial development projects, rural development projects,
mining operations, international exports, and agricultural
operations that involve the processing of agricultural products,
in any areas of the state;
(2) promoting the educational enrichment (including cultural,
intellectual, scientific, or artistic opportunities) of all the people
of the state by the promotion, development, and assistance of
educational facility projects;
(3) promoting affordable farm credit and agricultural loan
financing at interest rates that are consistent with the needs of
borrowers for farming and agricultural enterprises;
(4) preventing and remediating environmental pollution,
including water pollution, air pollution, sewage and solid waste
disposal, radioactive waste, thermal pollution, radiation
contamination, and noise pollution affecting the health and
well-being of the people of the state by:
(A) the promotion and development of industrial
development projects; and
(B) carrying out the purposes of IC 13-18-13 and
IC 13-18-21;
(5) promoting the provision of safe and adequate drinking water
and wastewater and storm water management to positively
affect the public health and well-being by carrying out the
purposes of IC 13-18-13 and IC 13-18-21;
(6) otherwise positively affecting the public health and
well-being by carrying out the purposes of IC 13-18-13 and
IC 13-18-21; and
(7) promoting affordable and accessible child care for the
people of the state by the promotion and development of child
care facilities.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.24-1983,
SEC.1; P.L.20-1985, SEC.2; P.L.25-1987, SEC.4; P.L.20-1988,
SEC.7; P.L.11-1990, SEC.17; P.L.24-1995, SEC.9; P.L.227-1999,
SEC.6 and P.L.273-1999, SEC.195; P.L.4-2002, SEC.2;
P.L.235-2005, SEC.7.
IC 4-4-11-2.5
Legislative findings of fact; purpose
Sec. 2.5. (a) The general assembly makes the following findings
of fact in addition to those set forth in section 2 of this chapter:
(1) There are currently numerous bodies corporate and politic
of the state, with separate decision making and borrowing
authority, that may issue bonds, notes, and obligations, and
otherwise access the financial markets.
(2) Consolidation of this decision making and borrowing
authority may provide economic efficiencies and management
synergies and enable the state to communicate, with a single
voice, with the various participants in the financial markets,
including credit rating agencies, investment bankers, investors,
and municipal bond insurers and other credit enhancers.
(b) In addition to the purposes set forth in section 2 of this
chapter, the authority is established for the purpose of permitting the
consolidation of certain bodies in a single body of decision making
concerning access to the capital and financial markets in the name of,
or for the benefit of, the state.
(c) The authority is authorized to carry out the public purposes
provided for in the affected statutes through a single entity in order
to achieve the purposes of this section.
As added by P.L.235-2005, SEC.8. Amended by P.L.1-2006, SEC.27.
IC 4-4-11-2.7
Construction of article; priority of definitions
Sec. 2.7. (a) This article and the affected statutes shall be liberally
construed to effect the purposes of this article and the affected
statutes.
(b) To the extent that the definitions in an affected statute are
inconsistent with the definitions in this chapter or IC 4-4-10.9, the
definitions in the affected statute prevail.
(c) Except as otherwise provided by subsection (b), to the extent
that the provisions of this article are inconsistent with the provisions
of any other general, special, or local law, the provisions of this
article are controlling and supersede all other laws.
As added by P.L.235-2005, SEC.9. Amended by P.L.162-2007,
SEC.5.
IC 4-4-11-3
Repealed
(Repealed by P.L.20-1985, SEC.18(b).)
IC 4-4-11-4
Creation; membership
Sec. 4. (a) There is created for the public purposes set forth in
section 2.5 of this chapter a body politic and corporate, not a state
agency but an independent instrumentality exercising essential public
functions, to be known as the Indiana finance authority. The
authority is separate and apart from the state in its corporate and
sovereign capacity, and though separate from the state, the exercise
by the authority of its powers constitutes an essential governmental,
public, and corporate function.
(b) The authority shall be composed of the following five (5)
members:
(1) The budget director, or the budget director's designee, who
shall serve as chairman of the authority.
IC 4-4-11-5
Members; terms of office
Sec. 5. Appointments to the authority under section 4(b)(3) of this
chapter are for terms of four (4) years. Each member appointed to the
authority under section 4(b)(3) of this chapter:
(1) holds office for the term of this appointment;
(2) continues to serve after expiration of the appointment until
a successor is appointed and qualified;
(3) is eligible for reappointment; and
(4) may be removed from office by the governor with or
without cause and serves at the pleasure of the governor.
The governor shall fill a vacancy for the unexpired term of any
member appointed under section 4(b)(3) of this chapter.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.19; P.L.235-2005, SEC.11.
IC 4-4-11-6
Officers; compensation of members
Sec. 6. (a) The members shall elect from among their number a
vice chairman and other officers as they may determine.
(b) The members of the authority are entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with their duties as provided by law. Members are not
entitled to the salary per diem provided by IC 4-10-11-2.1(b) or any
other compensation while performing their duties.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.20-1985,
SEC.3; P.L.11-1990, SEC.20; P.L.235-2005, SEC.12.
IC 4-4-11-7
Vesting of powers; quorum; voting
Sec. 7. The powers of the authority are vested in the members.
Three (3) members of the authority constitute a quorum for the
transaction of business. The affirmative vote of at least three (3)
members is necessary for any action to be taken by the authority.
Members may vote by written proxy delivered in advance to any
other member who is present at the meeting. A vacancy in the
membership of the authority does not impair the right of a quorum to
exercise all rights and perform all duties of the authority.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.21; P.L.235-2005, SEC.13.
IC 4-4-11-8
Meetings
Sec. 8. Meetings of the members of the authority shall be held at
the call of the chairman or whenever any three (3) members so
request. In any event, the members shall meet at least once every
three (3) months to attend to the business of the authority.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.22.
IC 4-4-11-9
Public finance director; powers and duties
Sec. 9. The governor shall appoint the public finance director,
who shall serve at the pleasure of the governor. The public finance
director shall:
(1) administer, manage, and direct the affairs and activities of
the authority and the employees of the authority in accordance
with the policies and under the control and direction of the
members of the authority;
(2) approve all accounts for salaries, allowable expenses of the
authority or of any employee or consultant, and expenses
incidental to the operation of the authority; and
(3) perform other duties as may be directed by the members of
the authority in carrying out the purposes of the affected
statutes.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.23; P.L.24-1995, SEC.10; P.L.235-2005, SEC.14.
IC 4-4-11-10
Public finance director; attendance; record keeping duties;
certification of copies
Sec. 10. The public finance director shall attend the meetings of
the members of the authority, shall keep a record of the proceedings
of the authority, and shall maintain and be custodian of all books,
documents, and papers filed with the authority and its official seal.
The public finance director may make copies of all minutes and other
records and documents of the authority and may give certificates
under seal of the authority to the effect that the copies are true
copies. All persons dealing with the authority may rely upon these
certificates.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.24; P.L.235-2005, SEC.15.
IC 4-4-11-11
Employment; delegation of administrative duties
Sec. 11. (a) The authority may, without the approval of the
attorney general or any other state officer, employ bond counsel,
other legal counsel, technical experts, and such other officers, agents,
and employees, permanent or temporary, as it considers necessary to
carry out the efficient operation of the authority, and shall determine
their qualifications, duties, compensation, and terms of service. The
authority shall fix the compensation of the public finance director.
(b) The members of the authority may adopt a resolution
delegating to:
(1) a member of the authority;
(2) the public finance director; or
(3) one (1) or more agents or employees of the authority;
administrative duties that they consider proper, including the powers
of the authority set forth in this section.
(c) Employees of the authority shall not be considered employees
of the state.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.25; P.L.18-1992, SEC.2; P.L.235-2005, SEC.16.
IC 4-4-11-12
Members; conflicts of interest; disclosure
Sec. 12. Any member or employee of the authority who has, will
have, or later acquires an interest, direct or indirect, in any
transaction with the authority shall immediately disclose the nature
and extent of the interest in writing to the authority as soon as he has
knowledge of the actual or prospective interest. The disclosure shall
be announced in open meeting and entered upon the minutes of the
authority. Upon disclosure, the member or employee shall not
participate in any action by the authority authorizing the transaction.
However, such an interest shall not invalidate actions by the
authority with the participation of the disclosing member prior to the
time when the member became aware of the interest or should
reasonably have become aware of the interest.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.26.
IC 4-4-11-13
State officers and employees; nonforfeiture of offices and
employment
Sec. 13. Notwithstanding the provisions of any other law, no
officer or employee of the state forfeits his office or employment by
reason of his acceptance of membership in the authority or by reason
of his providing services to the authority.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.27.
IC 4-4-11-14
Members; surety bonds
Sec. 14. (a) Each member of the authority, the public finance
director, and any other employee or agent of the authority authorized
by resolution of the authority to handle funds or sign checks, before
beginning the individual's duties, shall execute a surety bond in the
penal sum of fifty thousand dollars ($50,000). To the extent an
individual described in this section is already covered by a bond
required by state law, the individual need not obtain another bond so
long as the bond required by state law is in at least the penal sum
specified in this section and covers the individual's activities for the
authority. In lieu of a bond, the chairman of the authority may
execute a blanket surety bond covering each member and the
employees or other officers of the authority. Each surety bond shall
be conditioned upon the faithful performance of the individual's
duties and shall be issued by a surety company authorized to transact
business in this state as surety. At all times after the issuance of any
surety bonds, each individual described in this section shall maintain
the surety bonds in full force and effect. All costs of the surety bonds
shall be borne by the authority.
(b) The public finance director, before beginning the public
finance director's duties, must:
(1) execute a surety bond as provided in subsection (a); or
(2) be included in the coverage of a blanket surety bond
described in subsection (a).
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.28; P.L.24-1995, SEC.11; P.L.235-2005, SEC.17.
IC 4-4-11-14.5
State debt management plan; requirements
Sec. 14.5. The authority, after consulting with the treasurer of
state, the Indiana bond bank, the budget agency, and the commission
for higher education, shall establish and periodically update a state
debt management plan. The plan must include at least the following
provisions with respect to debt issued or to be issued by the
authority, other bodies corporate and politic of the state, and state
educational institutions:
(1) An inventory of existing debt.
(2) Projections of future debt obligations.
(3) Recommended criteria for the appropriate use of debt as a
means to finance capital projects.
(4) Recommended strategies to minimize costs associated with
debt issuance.
(5) An analysis of the impact of debt issued by all bodies
corporate and politic and state educational institutions on the
state budget.
(6) Recommended guidelines for the prudent issuance of debt
that creates a moral obligation of the state to pay all or part of
the debt.
(7) Recommended policies for the investment of:
(A) proceeds of bonds, notes, or other obligations issued by
bodies corporate and politic and state educational
institutions; and
(B) other money, funds, and accounts owned or held by a
body corporate and politic.
(8) Recommended policies for the establishment of a system of
record keeping and reporting to meet the arbitrage rebate
compliance requirements of the Internal Revenue Code.
(9) Recommended policies for the preparation of financial
disclosure documents, including official statements
accompanying debt issues, comprehensive annual financial
reports, and continuing disclosure statements. The
recommended policies must include a provision for approval by
the budget director of any statements or reports that include a
discussion of the state's economic and fiscal condition.
(10) Potential opportunities to more effectively and efficiently
authorize and manage debt.
(11) Recommendations to the budget director, the governor, and
the general assembly with respect to financing of capital
projects.
The recommendations to the general assembly under subdivision (11)
must be in an electronic format under IC 5-14-6.
As added by P.L.235-2005, SEC.18. Amended by P.L.2-2007,
SEC.22.
IC 4-4-11-15
Powers
Sec. 15. (a) The authority is granted all powers necessary or
appropriate to carry out and effectuate its public and corporate
purposes under the affected statutes, including but not limited to the
following:
(1) Have perpetual succession as a body politic and corporate
and an independent instrumentality exercising essential public
functions.
(2) Without complying with IC 4-22-2, adopt, amend, and
repeal bylaws, rules, guidelines, and policies not inconsistent
with the affected statutes, and necessary or convenient to
regulate its affairs and to carry into effect the powers, duties,
and purposes of the authority and conduct its business under the
affected statutes. These bylaws, rules, guidelines, and policies
must be made by a resolution of the authority introduced at one
(1) meeting and approved at a subsequent meeting of the
authority.
(3) Sue and be sued in its own name.
(4) Have an official seal and alter it at will.
(5) Maintain an office or offices at a place or places within the
state as it may designate.
(6) Make, execute, and enforce contracts and all other
instruments necessary, convenient, or desirable for the purposes
of the authority or pertaining to:
(A) a purchase, acquisition, or sale of securities or other
investments; or
(B) the performance of the authority's duties and execution
of any of the authority's powers under the affected statutes.
(7) Employ architects, engineers, attorneys, inspectors,
accountants, agriculture experts, silviculture experts,
aquaculture experts, and financial experts, and such other
advisors, consultants, and agents as may be necessary in its
judgment and to fix their compensation.
(8) Procure insurance against any loss in connection with its
property and other assets, including loans and loan notes in
amounts and from insurers as it may consider advisable.
the affected statutes.
(14) Provide technical assistance to local public bodies and to
profit and nonprofit entities in the development or operation of
agricultural enterprises, rural development projects, and
industrial development projects.
(15) To the extent permitted under its contract with the holders
of the bonds of the authority, consent to any modification with
respect to the rate of interest, time, and payment of any
installment of principal or interest, or any other term of any
contract, loan, loan note, loan note commitment, contract, lease,
or agreement of any kind to which the authority is a party.
(16) To the extent permitted under its contract with the holders
of bonds of the authority, enter into contracts with any lender
containing provisions enabling it to reduce the rental or carrying
charges to persons unable to pay the regular schedule of charges
when, by reason of other income or payment by any department,
agency, or instrumentality of the United States of America or of
this state, the reduction can be made without jeopardizing the
economic stability of the agricultural enterprise, rural
development project, or industrial development project being
financed.
(17) Notwithstanding IC 5-13, but subject to the requirements
of any trust agreement entered into by the authority, invest:
(A) the authority's money, funds, and accounts;
(B) any money, funds, and accounts in the authority's
custody; and
(C) proceeds of bonds or notes;
in the manner provided by an investment policy established by
resolution of the authority.
(18) Fix and revise periodically, and charge and collect, fees
and charges as the authority determines to be reasonable in
connection with:
(A) the authority's loans, guarantees, advances, insurance,
commitments, and servicing; and
(B) the use of the authority's services or facilities.
(19) Cooperate and exchange services, personnel, and
information with any federal, state, or local government agency,
or instrumentality of the United States or this state.
(20) Sell, at public or private sale, with or without public
bidding, any loan or other obligation held by the authority.
(21) Enter into agreements concerning, and acquire, hold, and
dispose by any lawful means, land or interests in land, building
improvements, structures, personal property, franchises,
patents, accounts receivable, loans, assignments, guarantees,
and insurance needed for the purposes of the affected statutes.
(22) Take assignments of accounts receivable, loans,
guarantees, insurance, notes, mortgages, security agreements
securing notes, and other forms of security, attach, seize, or take
title by foreclosure or conveyance to any industrial development
project when a guaranteed loan thereon is clearly in default and
when in the opinion of the authority such acquisition is
necessary to safeguard the industrial development project
guaranty fund, and sell, or on a temporary basis, lease or rent
such industrial development project for any use.
(23) Expend money provided to the authority by the Indiana
economic development corporation from the industrial
development project guaranty fund created by IC 5-28-30,
subject to the terms of any agreement with the Indiana
economic development corporation governing the expenditure
of that money.
(24) Purchase, lease as lessee, construct, remodel, rebuild,
enlarge, or substantially improve industrial development
projects, including land, machinery, equipment, or any
combination thereof.
(25) Lease industrial development projects to users or
developers, with or without an option to purchase.
(26) Sell industrial development projects to users or developers,
for consideration to be paid in installments or otherwise.
(27) Make direct loans from the proceeds of the bonds to users
or developers for:
(A) the cost of acquisition, construction, or installation of
industrial development projects, including land, machinery,
equipment, or any combination thereof; or
(B) eligible expenditures for an educational facility project
described in IC 4-4-10.9-6.2(a)(2);
with the loans to be secured by the pledge of one (1) or more
bonds, notes, warrants, or other secured or unsecured debt
obligations of the users or developers.
(28) Lend or deposit the proceeds of bonds to or with a lender
for the purpose of furnishing funds to such lender to be used for
making a loan to a developer or user for the financing of
industrial development projects under this chapter.
(29) Enter into agreements with users or developers to allow the
users or developers, directly or as agents for the authority, to
wholly or partially construct industrial development projects to
be leased from or to be acquired by the authority.
(30) Establish reserves from the proceeds of the sale of bonds,
other funds, or both, in the amount determined to be necessary
by the authority to secure the payment of the principal and
interest on the bonds.
(31) Adopt rules and guidelines governing its activities
authorized under the affected statutes.
(32) Use the proceeds of bonds to make guaranteed
participating loans.
(33) Purchase, discount, sell, and negotiate, with or without
guaranty, notes and other evidences of indebtedness.
(34) Sell and guarantee securities.
(35) Make guaranteed participating loans under IC 4-4-21-26.
(36) Procure insurance to guarantee, insure, coinsure, and
reinsure against political and commercial risk of loss, and any
other insurance the authority considers necessary, including
insurance to secure the payment of principal and interest on
notes or other obligations of the authority.
(37) Provide performance bond guarantees to support eligible
export loan transactions, subject to the terms of the affected
statutes.
(38) Provide financial counseling services to Indiana exporters.
(39) Accept gifts, grants, or loans from, and enter into contracts
or other transactions with, any federal or state agency,
municipality, private organization, or other source.
(40) Sell, convey, lease, exchange, transfer, or otherwise
dispose of property or any interest in property, wherever the
property is located.
(41) Cooperate with other public and private organizations to
promote export trade activities in Indiana.
(42) Cooperate with the Indiana economic development
corporation in taking any actions necessary for the
administration of the agricultural loan and rural development
project guarantee fund established by IC 5-28-31.
(43) In cooperation with the Indiana economic development
corporation, take assignments of notes and mortgages and
security agreements securing notes and other forms of security,
and attach, seize, or take title by foreclosure or conveyance to
any agricultural enterprise or rural development project when
a guaranteed loan to the enterprise or rural development project
is clearly in default and when in the opinion of the Indiana
economic development corporation the acquisition is necessary
to safeguard the agricultural loan and rural development project
guarantee fund, and sell, or on a temporary basis, lease or rent
the agricultural enterprise or rural development project for any
use.
(44) Expend money provided to the authority by the Indiana
economic development corporation from the agricultural loan
and rural development project guarantee fund created by
IC 5-28-31, subject to the terms of any agreement with the
Indiana economic development corporation governing the
expenditure of that money.
(45) Reimburse from bond proceeds expenditures for industrial
development projects under this chapter.
(46) Acquire, hold, use, and dispose of the authority's income,
revenues, funds, and money.
(47) Purchase, acquire, or hold debt securities or other
investments for the authority's own account at prices and in a
manner the authority considers advisable, and sell or otherwise
dispose of those securities or investments at prices without
relation to cost and in a manner the authority considers
advisable.
(48) Fix and establish terms and provisions with respect to:
(A) a purchase of securities by the authority, including dates
and maturities of the securities;
IC 4-4-11-15.2
Guaranteed participating loans; export loans required to be sold;
bond issuance
Sec. 15.2. (a) Before using the proceeds of bonds to make a
guaranteed participating loan, the authority shall require the financial
institution to which the authority makes the guaranteed participating
loan to make eligible export loans and sell them to the authority
within a reasonable period of time.
(b) Issuance of bonds by the authority to fund the program of the
authority under IC 4-4-21 is subject to the general provisions for the
issuance of bonds set forth in this chapter, except for the
requirements for the issuance of bonds under sections 17 and 17.5 of
this chapter.
As added by P.L.20-1988, SEC.9. Amended by P.L.11-1990, SEC.30.
IC 4-4-11-15.3
Prohibited activities
Sec. 15.3. The authority:
(1) may not deal in securities within the meaning of or subject
to any securities law, securities exchange law, or securities
dealers law of the United States of America or of the state or of
any other state or jurisdiction, domestic or foreign, except as
authorized in the affected statutes;
(2) may not:
(A) emit bills of credit;
(B) accept deposits of money for time or demand deposit;
(C) administer trusts;
(D) engage in any form or manner, or in the conduct of, any
private or commercial banking business; or
(E) act as a savings bank, savings association, or any other
kind of financial institution; and
(3) may not engage in any form of private or commercial
banking business.
As added by P.L.235-2005, SEC.21. Amended by P.L.1-2006,
SEC.29.
IC 4-4-11-15.4
Issuance of bonds for the wastewater revolving loan program and
the drinking water revolving loan program
Sec. 15.4. (a) The authority may issue bonds or notes and invest
or loan the proceeds of those bonds or notes to a participant (as
defined in IC 13-11-2-151.1) for the purposes of:
(1) the wastewater revolving loan program established by
IC 13-18-13-1; and
(2) the drinking water revolving loan program established by
IC 13-18-21-1.
(b) If the authority loans money to or purchases debt securities of
a political subdivision (as defined in IC 13-11-2-164(a) and
IC 13-11-2-164(b)), the authority may, by the resolution approving
the bonds or notes, provide that subsection (c) is applicable to the
political subdivision.
(c) Notwithstanding any other law, to the extent that any
department or agency of the state, including the treasurer of state, is
the custodian of money payable to the political subdivision (other
than for goods or services provided by the political subdivision), at
any time after written notice to the department or agency head from
the authority that the political subdivision is in default on the
payment of principal or interest on the obligations then held or
owned by or arising from an agreement with the authority, the
department or agency shall withhold the payment of that money from
that political subdivision and pay over the money to the authority for
the purpose of paying principal of and interest on bonds or notes of
the authority. However, the withholding of payment from the
political subdivision and payment to the authority under this section
must not adversely affect the validity of the obligation in default.
As added by P.L.235-2005, SEC.22.
IC 4-4-11-15.5
Public offering for sale or lease of property or interests acquired
for an industrial development project
Sec. 15.5. (a) In addition to the powers enumerated in section
15(a) of this chapter, the authority may, in lieu of a private sale or
leasing as authorized by section 15(a) of this chapter or a financing
of an industrial development project under section 17 of this chapter,
decide to hold a public offering under this section for the sale or
leasing of any land or interests in land, building improvements,
structures, personal property, and franchises and patents acquired by
the authority under this chapter for an industrial development
project. If the authority decides to hold a public offering for the sale
or leasing of any property or interests acquired for an industrial
development project, the offering shall be made in accordance with
this section.
(b) Before offering for sale or lease to the public any property or
interests acquired for an industrial development project under this
section, the authority shall prepare an offering sheet showing the
property or interests to be offered and copies of the offering sheets
shall be furnished to prospective buyers or lessees. Maps and plats
of the property and any additional information considered
appropriate by the authority shall also be kept available for
inspection at the office of the authority.
of the industrial development project as proposed by the bidder
from the standpoint of both human and economic welfare.
(f) In making an award to the highest and best bidder as provided
in subsection (e), the authority shall determine whether in its
judgment the potential benefits to the state and its citizens of the
industrial development project as proposed by the bidder exceed the
direct costs to the authority of acquiring the property and interests
being offered for sale or lease for the industrial development project
less any sums to be paid by the successful bidder pursuant to its bid.
The authority's judgment concerning this determination shall be
based on the economic studies, analyses, and projections that the
authority determines are reasonably necessary. The authority's
determination is final and conclusive.
(g) The authority may contract with a bidder concerning any of
the factors listed in subsection (e), and the contract may provide for
the deposit of surety bonds, the making of good faith deposits,
liquidated damages, the right of reversion or repurchase, or other
rights and remedies if the bidder fails to comply with the contract.
(h) After the opening, consideration, and determination of the
written offers filed in response to the notice, the authority may
dispose of all or part of the remaining available property or interests
for any approved use, either at public sale or by private negotiation
carried on by the authority, its regular employees, or real estate
experts employed for that purpose. For a period of thirty (30) days
after the opening of the written offers and determination on them, no
sale, exchange, or lease may be made on terms less than that shown
on the offering sheet, but after that period the authority may adjust
the offering terms it considers necessary to further the industrial
development project.
(i) An action to contest the validity of any sale or lease awarded
and approved by the authority under this section may not be
commenced more than thirty (30) days following the authority's
adoption of a resolution designating the successful bidder or bidders
and stating and approving the basic terms and conditions of the sale
or lease.
As added by P.L.24-1987, SEC.4. Amended by P.L.11-1990, SEC.31.
IC 4-4-11-15.6 Version a
Additional authority powers
Note: This version of section effective until 1-1-2010. See also
following version of this section, effective 1-1-2010.
Sec. 15.6. In addition to the powers listed in section 15 of this
chapter, the authority may:
(1) issue bonds under terms and conditions determined by the
authority and use the proceeds of the bonds to acquire
obligations issued by any entity authorized to acquire, finance,
construct, or lease capital improvements under IC 5-1-17; and
(2) issue bonds under terms and conditions determined by the
authority and use the proceeds of the bonds to acquire any
obligations issued by the northwest Indiana regional
development authority established by IC 36-7.5-2-1.
As added by P.L.214-2005, SEC.1.
IC 4-4-11-15.6 Version b
Additional authority powers
Note: This version of section effective 1-1-2010. See also
preceding version of this section, effective until 1-1-2010.
Sec. 15.6. In addition to the powers listed in section 15 of this
chapter, the authority may:
(1) issue bonds under terms and conditions determined by the
authority and use the proceeds of the bonds to acquire
obligations issued by any entity authorized to acquire, finance,
construct, or lease capital improvements under IC 5-1-17;
(2) issue bonds under terms and conditions determined by the
authority and use the proceeds of the bonds to acquire any
obligations issued by the northwest Indiana regional
development authority established by IC 36-7.5-2-1; and
(3) after December 31, 2009, issue bonds under terms and
conditions determined by the authority and use the proceeds of
the bonds to acquire any obligations issued by either the
commuter rail service board established under IC.8-24-5 or the
regional demand and scheduled bus service board established
under IC.8-24-6.
As added by P.L.214-2005, SEC.1. Amended by P.L.182-2009(ss),
SEC.50.
IC 4-4-11-16
Repealed
(Repealed by P.L.162-2007, SEC.42.)
IC 4-4-11-16.1
Repealed
(Repealed by P.L.2-2005, SEC.131.)
IC 4-4-11-16.3
Repealed
(Repealed by P.L.162-2007, SEC.42.)
IC 4-4-11-16.5
Repealed
(Repealed by P.L.162-2007, SEC.42.)
IC 4-4-11-17
Industrial development projects; financing; procedure; approval
Sec. 17. (a) The authority may enter into negotiations with one (1)
or more persons concerning the terms and conditions of financing
agreements for industrial development projects. The authority shall
consider whether a proposed industrial development project may
have an adverse competitive effect on similar industrial development
projects already constructed or operating in the local governmental
unit where the industrial development project will be located.
Preliminary expenses in connection with negotiations under this
section may be paid from:
(1) money furnished by the proposed user or developer;
(2) money made available by the state or federal government, or
by any of their departments or agencies; or
(3) money of the authority.
(b) The authority shall prepare a report that:
(1) briefly describes the proposed industrial development
project;
(2) estimates the number and expense of public works or
services that would be made necessary or desirable by the
proposed industrial development project, including public ways,
schools, water, sewers, street lights, and fire protection;
(3) estimates the total costs of the proposed industrial
development project;
(4) for an industrial development project that is not exclusively
either a pollution control facility or an educational facility
project, estimates the number of jobs and the payroll to be
created or saved by the project;
(5) for pollution control facilities, describes the facilities and
how they will abate, reduce, or prevent pollution;
(6) for educational facility projects, describes how the project
promotes the educational enrichment (including cultural,
intellectual, scientific, or artistic opportunities) of the people of
the state; and
(7) for child care facility projects, describes the facilities and
how the facilities promote accessibility to and increased options
for child care for the people of the state.
The report shall be submitted to the executive director or chairman
of the plan commission, if any, having jurisdiction over the industrial
development project and, if the number of new jobs estimated
exceeds one hundred (100), to the superintendent of the school
corporation where the industrial development project will be located.
The executive director or chairman of the plan commission and the
school superintendent may formulate their written comments
concerning the report and transmit their comments, if any, to the
authority within five (5) days from the receipt of the report.
(c) The authority shall hold a public hearing, which may be
conducted by the authority, or any officer, member, or agent
designated thereby, on the proposed financing agreement for the
industrial development project, after giving notice by publication in
one (1) newspaper of general circulation in the city, town, or county
where the industrial development project is to be located at least ten
(10) days in advance of this public hearing.
(d) If the authority finds that the industrial development project
will be of benefit to the health, safety, morals, and general welfare of
the area where the industrial development project is to be located,
and complies with the purposes and provisions of this chapter, it may
by resolution approve the proposed financing agreement. This
resolution may also authorize the issuance of bonds payable solely
from revenues and receipts derived from the financing agreement or
from payments made under an agreement to guarantee obligations of
the developer, a user, a related person, or the authority by a
developer, a user, a related person thereto, or the authority and the
Indiana economic development corporation pursuant to the industrial
development project guaranty fund under IC 5-28-30. The bonds are
not in any respect a general obligation of the state, nor are they
payable in any manner from revenues raised by taxation.
(e) A financing agreement approved under this section must
provide for payments in an amount sufficient to pay the principal of,
premium, if any, and interest on the bonds authorized for the
financing of the industrial development project. However, interest
payments for the anticipated construction period, plus a period of not
more than one (1) year, may be funded in the bond issue. The term
of a financing agreement may not exceed fifty (50) years from the
date of any bonds issued under the financing agreement. However,
a financing agreement does not terminate after fifty (50) years if a
default under that financing agreement remains uncured, unless the
termination is authorized by the terms of the financing agreement. If
the authority retains an interest in the industrial development project,
the financing agreement must require the user or the developer to pay
all costs of maintenance, repair, taxes, assessments, insurance
premiums, trustee's fees, and any other expenses relating to the
industrial development projects, so that the authority will not incur
any expenses on account of the industrial development projects other
than those that are covered by the payments provided for in the
financing agreement.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.20-1985,
SEC.6; P.L.24-1987, SEC.6; P.L.11-1990, SEC.33; P.L.24-1995,
SEC.13; P.L.227-1999, SEC.7 and P.L.273-1999, SEC.196;
P.L.4-2002, SEC.4; P.L.162-2007, SEC.7.
IC 4-4-11-17.5
Industrial development project financing; bond issuance
Sec. 17.5. (a) In addition to all other authority granted to the
authority under this chapter, including the authority to borrow money
and to issue bonds to finance directly or indirectly the acquisition or
development of industrial development projects undertaken or
initiated by the authority, the authority may initiate programs for
financing industrial development projects for developers and users
in Indiana through the issuance of bonds under this chapter. In
furtherance of this objective, the authority may do any of the
following:
(1) Establish eligibility standards for developers and users,
without complying with IC 4-22-2. However, these standards
have the force of law if the standards are adopted after a public
hearing for which notice has been given by publication under
IC 5-3-1.
(2) Contract with any entity securing the payment of bonds
issued under this chapter and authorizing the entity to approve
the developers and users that can finance or refinance industrial
development projects with proceeds from the bond issue
secured by that entity.
(3) Lease to a developer or user industrial development projects
upon terms and conditions that the authority considers proper
and, with respect to the lease:
(A) charge and collect rents;
(B) terminate the lease upon the failure of the lessee to
comply with any of its obligations under the lease or
otherwise as the lease provides; and
(C) include in the lease provisions that the lessee has the
option to renew the term of the lease for such periods and at
such rents as may be determined by the authority or to
purchase any or all of the industrial development projects to
which the lease applies.
(4) Lend money, upon such terms and conditions as the
authority considers proper, to a developer or user under an
installment purchase contract or loan agreement to:
(A) finance, reimburse, or refinance the cost of an industrial
development project; and
(B) take back a secured or unsecured promissory note
evidencing such a loan or a security interest in the industrial
development project financed or refinanced with the loan.
(5) Sell or otherwise dispose of any unneeded or obsolete
industrial development project under terms and conditions
determined by the authority.
(6) Maintain, repair, replace, and otherwise improve or cause to
be maintained, repaired, replaced, and otherwise improved any
industrial development project owned by the authority.
(7) Require any type of security that the authority considers
reasonable and necessary.
(8) Obtain or aid in obtaining property insurance on all
industrial development projects owned or financed, or accept
payment if any industrial development project property is
damaged or destroyed.
(9) Enter into any agreement, contract, or other instrument with
respect to any insurance, guarantee, letter of credit, or other
form of credit enhancement, accepting payment in such manner
and form as provided in the instrument if a developer or user
defaults, and assign any such insurance, guarantee, letter of
credit, or other form of credit enhancement as security for
bonds issued by the authority.
(10) Finance for eligible developers and users in connection
with their industrial development projects:
(A) the cost of their industrial development projects; and
(B) in the case of a program funded from the proceeds of
taxable bonds, working capital associated with the operation
of such industrial development projects;
in amounts determined to be appropriate by the authority.
IC 4-4-11-18
Certain loans; investment, purchase, or commitments by authority
Sec. 18. (a) The authority may invest in, purchase or make
commitments to invest in or purchase, and take assignments or make
commitments to take assignments of, loans made for the acquisition,
construction, installation, rehabilitation, or purchase of industrial
development projects. Prior to investment, purchase, assignment, or
commitment, the lender shall certify that the proceeds of the
authority's bonds will be used to make loans to provide financing for
industrial development projects, or pending the making of such
loans, invested in short term obligations complying with the
requirements of this chapter. The authority shall purchase loans at a
purchase price equal to the outstanding principal balance, but the
authority may require a discount from the principal balance or make
a payment of a premium to effect a fair rate of return for the lender,
as determined by the rate of return on comparable investments under
market conditions existing at the time of purchase. In addition to the
payment of the outstanding principal balance, the authority shall pay
the accrued interest due thereon, on the date the loan is delivered
against payment therefor or on another date as may be established by
agreement between the authority and the selling lender. The authority
shall comply with section 17(b), 17(c), and 17(d) of this chapter in
connection with the multiple project program described in this
section.
(b) Before exercising any of the powers authorized in this section,
the authority shall require the lender to certify and agree that:
(1) the loan is, or, if the same has not been made, will be, at the
time of making, in all respects a prudent investment; and
(2) the lender will make the loans and sell the same to the
authority within a reasonable period of time.
(c) Before exercising any of the powers conferred by this section,
the authority may:
(1) require that the loan involved be insured by a loan insurer or
be guaranteed by a loan guarantor;
(2) require any type of security that it deems reasonable and
necessary; or
(3) authorize the reservation of funds by lenders in the amount
and subject to conditions as the authority considers reasonable
and necessary under this chapter.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.25-1987,
SEC.7; P.L.11-1990, SEC.35.
IC 4-4-11-19
Power to borrow money and issue bonds
Sec. 19. (a) The authority shall have the power to borrow money
and to issue its bonds from time to time in such principal amounts as
the authority determines shall be necessary to provide sufficient
funds to carry out its purposes, including:
(1) carrying out the powers stated in this chapter;
(2) the payment of interest on bonds of the authority;
(3) the establishment of reserves to secure the bonds; and
(4) all other expenditures of the authority incident to, necessary,
and convenient to carry out its purposes and powers.
(b) The authority may also issue bonds in the manner and for the
purposes provided by the affected statutes.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.36; P.L.24-1995, SEC.15; P.L.235-2005, SEC.24;
P.L.162-2007, SEC.9.
IC 4-4-11-20
Refunding bonds; issuance; application of proceeds; terms
Sec. 20. (a) The authority shall have the power to issue, from time
to time, bonds to renew or to pay bonds, including the interest
thereon, if such bonds have been issued to finance projects that
constitute industrial development projects, and whenever it deems
refunding expedient, to refund any bonds by the issuance of new
bonds, whether the bonds to be refunded have or have not matured,
and to issue bonds partly to refund outstanding bonds and partly for
any other of its corporate purposes as long as the bonds to be
refunded were issued to finance projects that constitute industrial
development projects. The refunding bonds may be sold and the
proceeds applied to the purchase, redemption, or payment of the
bonds to be refunded, or exchanged for the bonds to be refunded.
With respect to any bonds issued for an industrial development
project under this chapter, the cumulative terms of refunding bonds
shall not exceed fifty (50) years for any industrial development
project or group of industrial development projects financed at the
same time. If issued to refund bonds issued under IC 36-7-12 to
finance projects that constitute industrial development projects, the
cumulative terms of refunding bonds may not exceed forty (40)
years.
(b) A savings to the authority or to the unit issuing the bonds to be
refunded is not required for the issuance of the refunding bonds or
the issuance of bonds to refund refunding bonds. Refunding bonds
issued under this section are payable solely from revenues and
receipts derived from:
(1) financing agreements with the users or developers of the
facilities originally financed by the outstanding bonds, or
related persons; or
(2) payments made under guaranty agreements by developers,
users, or related persons.
The financing agreements or guaranties may be new financing
agreements or guaranties or amendments of the original financing
agreements or guaranties.
(c) Refunding bonds issued under this section are not in any
respect a general obligation of the authority, nor are the bonds
payable in any manner from revenues raised by taxation.
(d) Section 17(b) and 17(c) of this chapter does not apply to the
issuance of refunding bonds under this section.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.37; P.L.24-1995, SEC.16.
IC 4-4-11-21
Bonds; liability of authority; pledges as additional security
Sec. 21. Except as may otherwise be expressly provided by the
authority, every issue of its bonds shall be obligations of the
authority payable solely out of any specified revenue or money of the
authority, subject only to any agreements with the holders of
particular bonds pledging any particular money or revenue. The
bonds may be additionally secured by a pledge of any grant,
contribution, or guarantee from the federal government or any
corporation, limited liability company, association, institution, or
person or a pledge of any money, income, or revenue of the authority
from any source.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.38; P.L.8-1993, SEC.14.
IC 4-4-11-22
Bonds; liability of state
Sec. 22. No bonds issued by the authority under this chapter shall
constitute a debt, liability, or obligation of the state, or a pledge of
the faith and credit of the state, but shall be payable solely as
provided by section 21 of this chapter. Each bond issued under this
chapter shall contain on its face a statement that neither the faith and
credit nor the taxing power of the state is pledged to the payment of
the principal of or the interest on the bond.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.39.
IC 4-4-11-23
Bonds; issuance; procedure; terms
Sec. 23. The bonds shall be authorized by a resolution of the
authority, shall bear the date or dates, and shall mature at a time or
times as the resolution may provide, except that no bond shall mature
more than fifty (50) years from the date of its issue, except as
provided in section 20 of this chapter. The bonds shall be in
denominations, be in the form, either coupon or registered, carry the
conversion or registration privileges, be executed in the manner, be
payable in the medium of payment at the place or places inside or
outside Indiana, and be subject to the terms of redemption, including
redemption prior to maturity, as the resolution or any trust agreement
or indenture of the authority securing the bonds may provide. The
bonds shall bear interest at a rate or rates that may be fixed, variable,
fixed convertible to variable, variable convertible to fixed, or any
combination of these rates. Variable rates shall be determined in the
manner and in accordance with the provisions set forth in the
resolution or the trust agreement or indenture securing the bonds.
The interest on the bonds may be payable at the time or times or at
the interval or intervals as may be provided in the resolution or the
trust agreement or indenture securing the bonds, including the
compounding and payment of interest at maturity or at any other time
or times as may be specified in the resolution, trust agreement, or
indenture. The bonds and their issuance shall not be subject to the
provisions of any other statute concerning bonds or the issuance of
bonds. Bonds of the authority may be sold by the authority at public
or private sale, and at a price or prices as the authority shall
determine. No action to contest the validity of any bonds issued or
guarantees entered into by the authority under this chapter shall be
commenced more than thirty (30) days following the adoption of the
resolution approving such bonds or guarantees as provided in this
chapter.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.40.
IC 4-4-11-24
Bonds; authorized provisions
Sec. 24. Any resolution authorizing the issuance of bonds or trust
agreement or indenture pursuant to which the bonds are issued may
contain provisions, which shall be a part of the contract or contracts
with the holders of the bonds, as to the following:
(1) Pledging all or any part of the revenue of the authority to
secure the payment of the bonds, subject to agreements with
bondholders as may then exist.
(2) Pledging all or any part of the assets of the authority,
including loans and obligations securing the same, to secure the
payment of the bonds, subject to agreements with bondholders
as may then exist.
(3) The use and disposition of the gross income from loans
owned by the authority and payment of the principal of loans
owned by the authority.
(4) The setting aside of reserves or sinking funds and the
regulation and disposition thereof.
(5) Limitations on the purposes to which the proceeds from the
sale of bonds may be applied and pledging the proceeds to
secure the payment of the bonds.
(6) Limitations on the issuance of additional bonds, the terms
upon which additional bonds may be issued and secured, and
the refunding of outstanding or other bonds.
(7) The procedure, if any, by which the terms of any contract
with bondholders may be amended or abrogated, the amount of
bonds the holders must consent to, and the manner in which the
consent may be given.
(8) Limitations on the amount of money to be expended by the
authority for operating expenses of the authority.
(9) Vesting in a trustee or trustee property, rights, powers, and
trust as the authority may determine, and limiting or abrogating
the right of the bondholders to appoint a trustee or limiting the
rights, powers, and duties of the trustee.
(10) Defining the acts or omissions which shall constitute a
default and the obligations or duties of the authority to the
holders of the bonds, and providing for the rights and remedies
of the holders of the bonds in the event of default, including as
a matter of right the appointment of a receiver. However, the
rights and remedies shall not be inconsistent with the general
laws of this state and other provisions of this chapter.
(11) Any other matter, of like or different character, which in
any way affects the security or protection of the holders of the
bonds.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.41.
IC 4-4-11-25
Pledges
Sec. 25. Any pledge made by the authority shall be valid and
binding from the time when the pledge is made. The revenue, money,
or properties so pledged and thereafter received by the authority shall
immediately be subject to the lien of the pledge without any physical
delivery or further act, and the lien of any pledge shall be valid and
binding as against all parties having claims of any kind in tort,
contract, or otherwise against the authority, irrespective of whether
the parties have notice. The resolution or any other instrument by
which a pledge is created does not need to be recorded.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.42.
IC 4-4-11-26
Bonds; purchase by authority
Sec. 26. The authority, subject to any agreements with
bondholders as may then exist, shall have power out of any funds
available to purchase bonds of the authority, which shall thereupon
be cancelled, at any reasonable price which, if the bonds are then
redeemable, shall not exceed the redemption price then applicable
plus accrued interest to the next interest payment on the bond.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.43.
IC 4-4-11-27
Bonds; trust agreement or indenture
Sec. 27. The bonds may be secured by a trust agreement or
indenture by and between the authority and a corporate trustee,
which may be a bank having the power of a trust company or any
trust company within or without the state. The trust agreement or
indenture may contain provisions for protecting and enforcing the
rights and remedies of the bondholders as may be reasonable and
proper and not in violation of law, including covenants setting forth
the duties of the authority in relation to the exercise of its powers and
the custody, safekeeping, and application of all money related to the
particular bond financing for which said trust agreement or indenture
exists. The authority may provide by the trust agreement or indenture
for the payment of the proceeds of the bonds and the revenue to the
trustee under the trust agreement or indenture or other depository,
and for the method of disbursement thereof, with safeguards and
restrictions as the authority may determine. All expenses incurred in
carrying out the trust agreement or indenture may be treated as a part
of the operating expenses of the authority. If the bonds are secured
by a trust agreement or indenture, the bondholders shall have no
authority to appoint a separate trustee to represent them.
IC 4-4-11-28
Bonds; negotiability
Sec. 28. Whether the bonds are in the form and character of
negotiable instruments, the bonds are hereby made negotiable
instruments, subject only to provisions of the bonds relating to
registration.
As added by Acts 1982, P.L.16, SEC.1.
IC 4-4-11-29
Bonds; execution; manual or facsimile signatures
Sec. 29. Any bonds issued by the authority under this chapter
shall be executed by the manual or facsimile, except as otherwise
provided in this chapter, signatures of such officers or agents of the
authority as the authority shall designate. In the event bonds are
issued pursuant to a trust indenture, the manual authentication of
each bond by the trustee shall be required. In the event that bonds are
issued without a trust indenture or trustee, at least one (1) of the
officers or agents of the authority shall manually execute each bond.
In the event that any of the members or officers of the authority shall
cease to be members or officers of the authority prior to the delivery
of any bonds or coupons signed by them, their signatures or
facsimiles shall nevertheless be valid and sufficient for all purposes
the same as if the members or officers had remained in office until
the delivery.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.45.
IC 4-4-11-30
Personal liability for acts authorized by affected statutes
Sec. 30. The members of the authority, the officers and employees
of the authority, the public finance director, any agents of the
authority, and any other persons executing bonds issued under the
affected statutes are not subject to personal liability or accountability
by reason of any act authorized by the affected statutes, including
without limitation the issuance of bonds, the failure to issue bonds,
the execution of bonds, and the making of guarantees.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.24-1987,
SEC.7; P.L.11-1990, SEC.46; P.L.235-2005, SEC.25.
IC 4-4-11-31
Funds and accounts; establishment
Sec. 31. The authority may create and establish any funds and
accounts necessary or desirable for its purposes.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.47; P.L.162-2007, SEC.10.
IC 4-4-11-33
Money for the payment of bonds; contracts; security
Sec. 33. Notwithstanding section 32 of this chapter, the authority
shall have the power to contract with the holders of any of its bonds
as to the custody, collection, securing, investment, and payment of
any money of the authority and of any money held in trust or
otherwise for the payment of bonds, and to carry out the contract.
Money held in trust or otherwise for the payment of bonds or in any
way to secure bonds and deposits of money may be secured in the
same manner as money of the authority, and all banks and trust
companies are authorized to give security for the deposits.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.49.
IC 4-4-11-34
State pledge to bondholders
Sec. 34. The state does hereby pledge to and agree with the holder
of any bonds issued under this chapter that the state will not limit or
alter the rights vested in the authority to fulfill the terms of any
agreements made with such holders or in any way impair the rights
or remedies of such holders until the bonds, together with the
interest, with interest on any unpaid installments of interest, and all
costs and expenses in connection with any action or proceeding by
or on behalf of such holders, are fully met and discharged. The
authority is authorized to include this pledge and agreement of the
state in any agreement with the holders of the bonds.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.50.
IC 4-4-11-35
Payment of expenses and power to incur indebtedness; limitations;
authority budget
Sec. 35. (a) All expenses incurred by the authority in carrying out
the affected statutes shall be payable solely from funds provided
under the affected statutes, and nothing in the affected statutes shall
be construed to authorize the authority to incur indebtedness or
liability of the state or any political subdivision of it.
(b) The authority shall annually prepare a budget that allocates the
expenses incurred by the authority in an equitable manner among the
various financing programs administered by the authority.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.51; P.L.235-2005, SEC.27.
IC 4-4-11-36
Repealed
(Repealed by P.L.1-1991, SEC.6.)
IC 4-4-11-36.1
Property; tax exemption
Sec. 36.1. (a) Except as provided in subsections (b) through (c),
all property, both tangible and intangible, acquired or held by the
authority under the affected statutes is declared to be public property
used for public and governmental purposes, and all such property and
income therefrom shall at all times be exempt from all taxes imposed
by this state, any county, any city, or any other political subdivision
of this state, except for the financial institutions tax imposed under
IC 6-5.5 or a state inheritance tax imposed under IC 6-4.1.
(b) Property owned by the authority and leased to a person for an
industrial development project is not public property. The property
and the industrial development project are subject to all taxes of the
state or any county, city, or other political subdivision of the state in
the same manner and subject to the same exemptions as are
applicable to all persons.
(c) Any industrial development project financed by a loan under
the authority of this chapter shall not be considered public property
and shall not be exempt from any taxes of this state, or any county,
city, or other political subdivision thereof, except for pollution
control equipment.
(d) An agricultural enterprise or rural development project
financed by a loan under the authority of this chapter or IC 5-28-31
shall not be considered public property and shall not be exempt from
Indiana taxes or any county, city, or other political subdivision of the
state.
As added by P.L.1-1991, SEC.7. Amended by P.L.254-1997(ss),
SEC.1; P.L.235-2005, SEC.28; P.L.162-2007, SEC.11.
IC 4-4-11-36.5
Bonds; tax exemption
Sec. 36.5. Bonds issued under this chapter and:
(1) proceeds received from their sale by a holder, to the extent
of the holder's costs of acquisition;
(2) proceeds received on their redemption before maturity;
(3) proceeds received at their maturity; and
(4) interest received on them;
are exempt from state taxes as provided by IC 6-8-5.
As added by P.L.25-1987, SEC.8.
IC 4-4-11-37
Bonds; legal investments; securities
Sec. 37. The bonds issued by and under the authority of this
chapter by the authority are declared to be legal investments in which
all public officers or public bodies of this state, its political
subdivisions, all municipalities and municipal subdivisions, all
insurance companies and associations and other persons carrying on
insurance business, all banks, bankers, banking associations, trust
companies, savings associations, including savings and loan
associations, building and loan associations, investment companies,
and other persons carrying on a banking business, all administrators,
guardians, executors, trustees and other fiduciaries, and all other
persons who are now or may later be authorized to invest in bonds or
in other obligations of this state, may invest funds, including capital,
in their control or belonging to them. The bonds are also made
securities which may be deposited with and received by all public
officers and bodies of this state or any agency or political
subdivisions of this state and all municipalities and public
commissions for any purpose for which the deposit of bonds or other
obligations of this state is now or may be later authorized by law.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.53.
IC 4-4-11-38
Annual report
Sec. 38. The authority shall, following the close of each fiscal
year, submit an annual report of its activities under the affected
statutes for the preceding year to the governor, the budget committee,
and the general assembly. A report submitted to the general assembly
must be in an electronic format under IC 5-14-6. Each report shall set
forth a complete operating and financial statement for the authority
during the fiscal year it covers.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.54; P.L.235-2005, SEC.29.
IC 4-4-11-39
Application of state laws
Sec. 39. The issuance of bonds and the promulgation of rules
under the affected statutes need not comply with the requirements of
any other state laws applicable thereto. No proceedings, notice, or
approval shall be required for the issuance of any bonds or any
instrument or the security therefor, except as provided in the affected
statutes. All agricultural enterprises, rural development projects, and
industrial development projects for which funds are advanced,
loaned, or otherwise provided by the authority under this chapter or
IC 5-28-31 must be in compliance with any land use, zoning,
subdivision, and other laws of this state applicable to the land upon
which the agricultural enterprise, rural development project, or
industrial development project is located or is to be constructed, but
a failure to comply with these laws does not invalidate any bonds
issued to finance an agricultural enterprise, rural development
project, or industrial development project.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.55; P.L.235-2005, SEC.30; P.L.162-2007, SEC.12.
IC 4-4-11-40
Income and assets of authority; reversion
Sec. 40. Except as provided in IC 13-18-13 or IC 13-18-21, all
income and assets of the authority are for its own use without
appropriation, but shall revert to the state general fund if the
authority by resolution transfers money to the state general fund or
if the authority is dissolved.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.56; P.L.235-2005, SEC.31.
IC 4-4-11-41
Bonds and securities; exemption from securities registration laws
Sec. 41. Any bonds issued by the authority pursuant to this
chapter and any other securities issued in connection with a financing
under this chapter shall be exempt from the registration and other
requirements of IC 23-19 and any other securities registration laws.
As added by Acts 1982, P.L.16, SEC.1. Amended by P.L.11-1990,
SEC.57; P.L.27-2007, SEC.1; P.L.162-2007, SEC.13.
IC 4-4-11-42
Repealed
(Repealed by P.L.11-1990, SEC.135.)
IC 4-4-11-43
Legislative findings; clean coal technology program; financing of
clean coal technology projects; procedure; contributions from
beneficiaries
Sec. 43. (a) In addition to the findings of fact set forth in section
2 of this chapter, the general assembly finds that:
(1) the federal Clean Air Act, as implemented, will have a
harmful and injurious effect on the state's coal industry,
resulting in critical and chronic conditions of unemployment
affecting the unemployed workers and their families and
communities and, ultimately, the state;
(2) there exists clean coal technology that, if successfully
implemented, will increase the fortunes of the coal industry and,
as a result, workers in the industry and their families and
communities and, ultimately, the state; and
(3) implementation of clean coal technology consistent with the
findings of fact set forth in subdivisions (1) and (2) serves the
public purposes of public health, welfare, safety, and economic
development.
(b) For purposes of this section, "political subdivision" has the
meaning set forth in IC 36-1-2-13.
(c) There is created within the authority a clean coal technology
program. The authority shall manage the clean coal technology
program with the advice of the lieutenant governor.
(d) Subject to subsection (i), the authority is authorized and
directed to issue revenue bonds, or to guarantee its revenue bonds, in
an amount not to exceed forty million dollars ($40,000,000), under
this chapter to finance clean coal technology projects, including all
costs related to the financing. Subject to subsection (i), as an
alternative to issuing revenue bonds, and notwithstanding any other
law, the authority may guarantee revenue bonds issued by another
body politic and corporate of the state or a political subdivision for
these purposes. Revenue bonds or guarantees are payable solely from
or secured by:
(1) revenues from the clean coal technology projects;
(2) contributions made by and to the authority for the clean coal
technology program;
(3) appropriations made by the general assembly; and
(4) appropriations or pledges made by other bodies corporate
and politic of the state and political subdivisions.
(e) Notwithstanding any other law or provisions of this chapter,
revenue bonds may be issued or guaranteed under this section by
resolution of the authority. Subject to subsection (i), no other
procedures or findings, including procedures or findings required
under this chapter for revenue bonds or guarantees, are required to
be followed. The terms of the revenue bonds or the guarantee must
be set forth in the resolution in the discretion of the authority.
(f) Bodies corporate and politic of the state and political
subdivisions, including cities, towns, and counties, may make
appropriations to the clean coal technology program and clean coal
technology projects and, notwithstanding any other law, may pledge
county option and economic development income tax revenues to the
clean coal technology program or one (1) or more clean coal
technology projects or to revenue bonds issued or guaranteed for the
program or projects, whether by the authority or otherwise.
(g) Revenue bonds and guarantees of the authority under this
section do not constitute debt of the state, and the general assembly
shall not be obligated to make appropriations to the authority for
such purposes.
reviewing projects and plans of finance under this section, the
authority, the lieutenant governor, the budget agency, the budget
committee, and the state board of finance shall be guided by the
general assembly's expectation as to contributions from the
beneficiaries of the program as described in this subsection.
However, failure of any particular beneficiary to contribute to a
project shall not in itself disqualify a project.
(m) This section only applies to the clean coal technology
program and clean coal technology projects and not to any other
programs or projects undertaken by the authority.
As added by P.L.28-1995, SEC.1. Amended by P.L.1-2006, SEC.30.
IC 4-4-11-44
Repealed
(Repealed by P.L.162-2007, SEC.42.)
IC 4-4-11-44.6
Participants in the wastewater revolving loan program, drinking
water revolving loan program, and supplemental drinking water
and wastewater assistance program; investment of funds
Sec. 44.6. (a) For purposes of this section, "program" refers to:
(1) a program defined in IC 13-11-2-172(a) through
IC 13-11-2-172(b); and
(2) the supplemental drinking water and wastewater assistance
program established by IC 13-18-21-21.
(b) Notwithstanding any statute applicable to or constituting any
limitation on the investment or reinvestment of funds by or on behalf
of political subdivisions:
(1) a participant receiving financial assistance in connection
with a program may invest and reinvest funds that constitute,
replace, or substitute for the proceeds of bonds or other
evidence of indebtedness sold to the authority under the
program, together with any account or reserves of a participant
not funded with the proceeds of the bonds or other evidence of
indebtedness purchased by the authority but which secure or
provide payment for those bonds or other evidence of
indebtedness, in any instrument or other investment authorized
under a resolution of the authority; and
(2) a participant that is obligated to make payments on bonds or
other evidence of indebtedness purchased in connection with
the operation of a program may invest and reinvest funds that
constitute, replace, or substitute for the proceeds of those bonds
or other evidence of indebtedness, together with any account or
reserves of a participant not funded with the proceeds of the
bonds or other evidence of indebtedness purchased under the
program but which secure or provide payment for those bonds
or other evidence of indebtedness, in any instrument or other
investment authorized under a resolution of the authority.
As added by P.L.235-2005, SEC.32.