Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

Sec. 30. (a) Upon receipt by the corporation of a claim filed by the lender, the corporation shall, within ten (10) business days, pay or authorize the lender to withdraw from the reserve fund the amount of the claim as submitted, unless the corporation reasonably determines that…

Sec. 31. If, after payment of a claim by the corporation, the lender recovers from a borrower any amount for which payment of the claim was made, the following apply: (1) If the recovered amount, when added to the claim previously paid by the corporation in connection with an enr…

Sec. 32. (a) If the payment of a claim has fully covered the lender's loss on an enrolled loan or if the payment of a claim when combined with any recovery from the borrower has fully covered the lender's loss, the corporation, upon request, is subrogated to the rights of the len…

Sec. 33. (a) Before July 16, October 16, January 16, and April 16 of each year, the lender shall file a quarterly report with the corporation indicating the number and total outstanding balances of all enrolled loans for the period of the three (3) preceding calendar months. A qu…

Sec. 34. The corporation may terminate the obligation to a lender to enroll loans under the program if the corporation determines that the lender is not in substantial compliance with the requirements of the program or the requirements of section 23 of this chapter. The terminati…

Sec. 35. (a) The corporation shall establish a capital access account. The corporation shall use the capital access account to carry out the provisions of the capital access program. The capital access account consists of all money that is: (1) appropriated by the general assembl…

Sec. 4. As used in this chapter, "capital access account" means an account created by the corporation for the purposes of the capital access program. As added by P.L.162-2007, SEC.24.

Sec. 5. As used in this chapter, "claim" means a claim filed by the lender under section 29 of this chapter. As added by P.L.162-2007, SEC.24.

Sec. 6. As used in this chapter, "early loan" means an enrolled loan when at the time of its enrollment the total amount of previously enrolled loans made by the lender under the program was less than five million dollars ($5,000,000). As added by P.L.162-2007, SEC.24.

Sec. 7. As used in this chapter, "eligible loan" means a loan made by the lender to a borrower that meets the requirements of sections 17 and 18 of this chapter. As added by P.L.162-2007, SEC.24.

Sec. 8. As used in this chapter, "enrolled loan" means a loan enrolled by the corporation under the terms of section 19 of this chapter. As added by P.L.162-2007, SEC.24.

Sec. 9. As used in this chapter, "lender" means: (1) a financial institution (as defined in IC 5-13-4-10); or (2) beginning after June 30, 2018: (A) a credit corporation (as defined in IC 23-6-4-1); (B) an entity that: (i) extends more than seventy-five percent (75%) of all eligi…

As added by P.L.162-2007, SEC.25. Repealed by P.L.177-2018, SEC.7 and P.L.189-2018, SEC.49.

Sec. 1.5. As used in this chapter, "developer" means a person who proposes to enter, or has entered, into a financing agreement with the corporation for an industrial development project and who has entered into a separate agreement with some other persons for the substantial use…

Sec. 10. Subject to the conditions set forth in section 11 of this chapter and the other provisions of this chapter, if the corporation makes a written finding that: (1) the guarantee of a particular loan secured by, or lease of, real property or tangible or intangible personal p…

Sec. 11. The conditions referred to in section 10 of this chapter are as follows: (1) A new or additional guarantee of a loan or lease under section 10, 12, or 17 of this chapter may not be entered into if the guarantee would cause the outstanding total guarantee obligations with…

Sec. 12. The corporation may guarantee an unsecured loan for: (1) working capital purposes, if the corporation determines, under criteria that it establishes, that the loan for working capital: (A) is for an industrial development project, a mining operation, or an agricultural o…

Sec. 13. The corporation may establish: (1) guarantee premiums for a guarantee under section 10 of this chapter of any loan or lease outstanding at the beginning of each year or at the time the guarantee is entered into; and (2) loan application, placement, origination, commitmen…

Sec. 14. Any guarantee made by the corporation under this chapter may be effected or enhanced, in whole or in part, through the provision by the corporation of a letter of credit or an equivalent form of credit enhancement instrument. However, the maximum principal payment obliga…

Sec. 15. Notwithstanding any other law, loans or leases guaranteed or made by the corporation are legal investments for all insurance companies, trust companies, banks, investment companies, savings banks, executors, trustees and other fiduciaries, and pension or retirement funds…

Sec. 16. To further the purposes of this chapter, and subject to this chapter, the corporation may also use any part of the guaranty fund to guarantee any bonds issued by the Indiana finance authority under IC 5-1.2 or by any authorized issuer under IC 36-7-12. With regard to dir…

Sec. 17. To further the purposes of this chapter, and in addition to the corporation's other powers under this chapter, the corporation may, upon a written finding as described in section 10 of this chapter, make direct loans from money in the guaranty fund to or for the benefit …

Sec. 18. All proceeds received by the corporation or the Indiana finance authority from the disposal by sale or in some other manner of property acquired in connection with the guaranty program or otherwise under this chapter shall be credited to the guaranty fund. As added by P.…

Sec. 19. Upon the issuance of a loan or a guarantee of a loan or lease, any expenses incurred by the corporation in connection with the loan or guarantee or the projects or operations for which the loan or guarantee is being made shall be reimbursed to the corporation by the borr…

Sec. 2. As used in this chapter, "guaranty fund" refers to the industrial development project guaranty fund created by section 9 of this chapter. As added by P.L.162-2007, SEC.25.

Sec. 20. To further the purposes of this chapter and IC 5-1.2-9, and in addition to the corporation's other powers under this chapter, the corporation may transfer funds from the guaranty fund to the capital access account established under IC 5-28-29-35. As added by P.L.162-2007…

Sec. 21. Any guarantees by the corporation under the guaranty program are exempt from the registration and other requirements of IC 23-19 and any other securities registration laws. As added by P.L.162-2007, SEC.25. Amended by P.L.1-2009, SEC.25.

Sec. 22. The corporation may procure insurance or guarantees from any public or private entities, including any department, agency, or instrumentality of the United States, for insurance or reinsurance on amounts paid from the guaranty fund. As added by P.L.162-2007, SEC.25.

Sec. 23. The corporation may 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 w…

Sec. 3. As used in this chapter, "guaranty program" means the program described in section 10 of this chapter under which the corporation guarantees parts of particular mortgages, security agreements, leases, or loans for working capital with funds available from the guaranty fun…

Sec. 4. As used in this chapter, "high growth company with high skilled jobs" means a company that satisfies all the following conditions: (1) The company: (A) had at least a fifteen percent (15%) average annual growth in company earnings during the past three (3) years; (B) is e…

Sec. 5. As used in this chapter, "industrial development project" includes the acquisition of land, interests in land, site improvements, infrastructure improvements (including information and high technology infrastructure (as defined in IC 5-28-9-4)), buildings, or structures, …

Sec. 6. As used in this chapter, "maturity date" means the date on which the mortgage or security agreement indebtedness, or lease obligations, would be extinguished if paid in accordance with periodic payments provided for in the mortgage, security agreement, or lease. As added …

Sec. 7. As used in this chapter, "mortgage" means a mortgage on an industrial development project, mining operation, or agricultural operation that involves the processing of agricultural products, or the unpaid purchase price of real estate under the laws of this state, together…

Sec. 8. As used in this chapter, "security agreement" means an agreement which creates or provides for a security interest in equipment, including, but not limited to, an equipment lease under the guaranty program or within the meaning of IC 36-7-12, and any successor provisions …

Sec. 8.5. As used in this chapter, "user" means a person who has entered into a financing agreement with the corporation or lender or a contract for use with the developer or lender in contemplation of its use of an industrial development project. As added by P.L.162-2007, SEC.25…

Sec. 9. There is created an industrial development project guaranty fund which shall be used by the corporation as a nonlapsing, revolving fund for carrying out the provisions of the guaranty program. The corporation may expend money from the guaranty fund as the authority consid…

Sec. 1. The personal information of a member, supporter, volunteer, or donor of a nonprofit organization (as defined in IC 23-17-32-3) is subject to certain protections under IC 23-17-32. As added by P.L.221-2023, SEC.1.

Sec. 1. As used in this chapter, "fund" refers to the business development loan fund. As added by P.L.162-2007, SEC.27.

Sec. 2. The business development loan fund is established. The fund shall be used by the corporation as a nonlapsing, revolving fund. As added by P.L.162-2007, SEC.27.

Sec. 3. The fund consists of the following: (1) Money appropriated by the general assembly. (2) The repayment proceeds of loans made to businesses from the fund. (3) Money received from any other source. As added by P.L.162-2007, SEC.27.

Sec. 4. Subject to section 5 of this chapter, the corporation may make a loan from the fund to a business located in Indiana if the corporation makes a written finding that the loan would accomplish the purposes of this chapter by enabling the business to carry out a project or p…

Sec. 5. With respect to any loan made under section 4 of this chapter, a loan agreement with the corporation must contain the following terms: (1) A requirement that the loan proceeds be used for specified purposes consistent with and in furtherance of the purposes of the corpora…

Sec. 1. As used in this chapter, "data owner" means a governmental entity that creates or gathers data from other sources and stores that data for its governmental purposes. As added by P.L.269-2017, SEC.6.

Sec. 10. Except as provided in this chapter or in another statute, the standards stated in this chapter apply to government data. As added by P.L.269-2017, SEC.6.

Sec. 11. A governmental entity should strive to store data in a machine readable and open format. As added by P.L.269-2017, SEC.6.

preferable format Sec. 12. Except as otherwise specifically provided in this chapter or another statute, this chapter does not require a governmental entity to record information or expend resources for the purpose of computer programming to make or convert data to a format requi…

Sec. 13. A government web site may disclose government data only in accordance with IC 4-1-6 and IC 5-14-3. As added by P.L.269-2017, SEC.6.

Sec. 14. A web site owner and its officers, officials, and employees are immune from any civil liability for posting confidential information if the information was posted in reliance on a determination made by a data owner about the confidentiality of information on the governme…

Sec. 15. Except as specifically provided in IC 4-5-10-2, IC 4-13.1-2-4, IC 5-14-3-3.5, IC 5-14-3-3.6, or another statute, a web site owner may not charge a fee for access to the data on the web site. As added by P.L.269-2017, SEC.6.