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.
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 […]
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 […]
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.
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) […]
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 […]
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 […]
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.
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 […]
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 […]
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.
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 […]
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.
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.
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 […]
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 […]
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.