Ind. Code ch. 36-7.5-2

Ind. Code ch. 36-7.5-2
in effect

Ind. Code § 36-7.5-2-1 Establishment; purposes

Sec. 1. The northwest Indiana regional development authority is established as a separate body corporate and politic to carry out the purposes of this article by: (1) acquiring, constructing, equipping, owning, leasing, and financing projects and facilities for lease to or for the benefit of eligible political subdivisions under this article in accordance with IC 36-7.5-3-1.5; (2) funding and developing the Gary/Chicago International Airport expansion and other airport authority projects, commuter transportation district and other rail projects and services, regional bus authority projects and services, regional transportation authority projects and services, and economic development projects in northwestern Indiana; (3) assisting with the funding of infrastructure needed to sustain development of an intermodal facility in northwestern Indiana; (4) funding and developing regional transportation infrastructure projects under IC 36-9-43; and (5) studying and evaluating destination based economic development projects that have: (A) an identified market; (B) identified funding sources and these funding sources include at least fifty percent (50%) from nongovernmental sources; and (C) a demonstrable short and long term local and regional economic impact, as verified by an independent economic analysis. An economic analysis conducted under clause (C) must be submitted to the budget committee at least thirty (30) days before review is sought for the project under IC 36-7.5-3-1.5. As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.54; P.L.197-2011, SEC.150; P.L.192-2015, SEC.9; P.L.204-2016, SEC.37; P.L.229-2017, SEC.37; P.L.114-2022, SEC.36.

Ind. Code § 36-7.5-2-2 Power in eligible counties and eligible municipalities

Sec. 2. The development authority may carry out its powers and duties under this article in the following: (1) An eligible county. (2) An eligible municipality. As added by P.L.214-2005, SEC.73. Amended by P.L.182-2009(ss), SEC.422.

Ind. Code § 36-7.5-2-3 Development board; members

Sec. 3. (a) The development authority is governed by the development board appointed under this section. (b) Except as provided in subsections (d), (e), and (g), the development board is composed of the following ten (10) members: (1) Two (2) members appointed by the governor. One (1) of the members appointed by the governor under this subdivision shall be designated as chair by the governor. One (1) of the members appointed by the governor must reside in Porter County. Both members appointed by the governor under this subdivision serve at the pleasure of the governor. (2) The following members from Lake County: (A) One (1) member appointed by the mayor of the largest city in the county in which a riverboat is located. The member appointed under this clause must be a resident of the largest city in the county in which a riverboat is located. (B) One (1) member appointed by the mayor of the second largest city in the county in which a riverboat is located. The member appointed under this clause must be a resident of the second largest city in the county in which a riverboat is located. (C) One (1) member appointed by the mayor of the third largest city in the county in which a riverboat is located. The member appointed under this clause must be a resident of the third largest city in the county in which a riverboat is located. (D) One (1) member appointed jointly by the county executive and the county fiscal body. A member appointed under this clause may not reside in a city described in clause (A), (B), or (C). (3) One (1) member appointed jointly by the county executive and county fiscal body of Porter County. The member appointed under this subdivision must be a resident of Porter County. (4) The following three (3) members appointed under subsection (i): (A) One (1) member appointed from Lake County. (B) One (1) member appointed from Porter County. (C) One (1) member appointed from LaPorte County. The members appointed under this subdivision may only vote on matters that pertain strictly to a transit development district established under IC 36-7.5-4.5-17. (c) A member appointed to the development board must have knowledge and at least five (5) years professional work experience in at least one (1) of the following: (1) Rail transportation or air transportation. (2) Regional economic development. (3) Business or finance. (d) LaPorte County is an eligible county participating in the development authority if the fiscal body of the county adopts an ordinance providing that the county is joining the development authority and the fiscal body of the city of Michigan City adopts an ordinance providing that the city is joining the development authority. Notwithstanding subsection (b), if ordinances are adopted under this subsection and the county becomes an eligible county participating in the development authority: (1) the development board shall be composed of twelve (12) members rather than ten (10) members; and (2) the additional two (2) members shall be appointed in the following manner: (A) One (1) additional member shall be appointed by the governor and shall serve at the pleasure of the governor. The member appointed under this clause must be an individual nominated under subsection (e). (B) One (1) additional member shall be appointed jointly by the county executive and county fiscal body. The member appointed under this clause must be a resident of LaPorte County. (e) This subsection applies only if the county described in subsection (d) is an eligible county participating in the development authority. The mayor of the largest city in the county described in subsection (d) shall nominate three (3) residents of the county for appointment to the development board. The governor's initial appointment under subsection (d)(2)(A) must be an individual nominated by the mayor. At the expiration of the member's term, the mayor of the second largest city in the county described in subsection (d) shall nominate three (3) residents of the county for appointment to the development board. The governor's second appointment under subsection (d)(2)(A) must be an individual nominated by the mayor. Thereafter, the authority to nominate the three (3) individuals from among whom the governor shall make an appointment under subsection (d)(2)(A) shall alternate between the mayors of the largest and the second largest city in the county at the expiration of a member's term. (f) An individual or entity required to make an appointment under subsection (b) must make the initial appointment before September 1, 2005, or the initial nomination before August 15, 2005. If an individual or entity does not make an initial appointment under subsection (b) before September 1, 2005, the governor shall instead make the initial appointment. (g) Subsection (h) applies only: (1) to municipalities located in Porter County; and (2) if Porter County was a member of the development authority on January 1, 2009, and subsequently ceases to be a member of the development authority. (h) If the fiscal bodies of at least two (2) municipalities subject to this subsection adopt ordinances to become members of the development authority, those municipalities shall become members of the development authority. If two (2) or more municipalities become members of the development authority under this subsection, the fiscal bodies of the municipalities that become members of the development authority shall jointly appoint one (1) member of the development board who shall serve in place of the member described in subsection (b)(3). A municipality that becomes a member of the development authority under this subsection is considered an eligible municipality for purposes of this article. (i) The governor shall appoint three (3) members to the development board as follows: (1) The initial appointment of one (1) member shall be selected out of a list of three (3) nominations from the county executive of Lake County. The nominations shall be transmitted to the governor before July 1, 2020. If the county executive of Lake County does not make the initial nominations by July 1, 2020, the governor shall instead make the initial appointment. After the expiration of the term of a member appointed under this subdivision, or if a vacancy occurs before the end of the term of a member appointed under this subdivision, the county executive of Lake County shall transmit a list of three (3) nominations to the governor not later than ninety (90) days after the expiration or the vacancy occurs. The governor shall appoint one (1) member out of the list of three (3) nominations, or, if the county executive of Lake County does not make the nominations within ninety (90) days after the expiration or the vacancy occurs, the governor shall instead make the appointment. A member appointed under this subdivision must be a resident of Lake County. (2) The initial appointment of one (1) member shall be selected out of a list of three (3) nominations from the county executive of Porter County. The nominations shall be transmitted to the governor before July 1, 2020. If the county executive of Porter County does not make the initial nominations by July 1, 2020, the governor shall instead make the initial appointment. After the expiration of the term of a member appointed under this subdivision, or if a vacancy occurs before the end of the term of a member appointed under this subdivision, the county executive of Porter County shall transmit a list of three (3) nominations to the governor not later than ninety (90) days after the expiration or the vacancy occurs. The governor shall appoint one (1) member out of the list of three (3) nominations, or, if the county executive of Porter County does not make the nominations within ninety (90) days after the expiration or the vacancy occurs, the governor shall instead make the appointment. A member appointed under this subdivision must be a resident of Porter County. (3) The initial appointment of one (1) member shall be selected out of a list of three (3) nominations from the county executive of LaPorte County. The nominations shall be transmitted to the governor before July 1, 2020. If the county executive of LaPorte County does not make the initial nominations by July 1, 2020, the governor shall instead make the initial appointment. After the expiration of the term of a member appointed under this subdivision, or if a vacancy occurs before the end of the term of a member appointed under this subdivision, the county executive of LaPorte County shall transmit a list of three (3) nominations to the governor not later than ninety (90) days after the expiration or the vacancy occurs. The governor shall appoint one (1) member out of the list of three (3) nominations, or, if the county executive of LaPorte County does not make the nominations within ninety (90) days after the expiration or the vacancy occurs, the governor shall instead make the appointment. A member appointed under this subdivision must be a resident of LaPorte County. As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.55; P.L.1-2007, SEC.241; P.L.182-2009(ss), SEC.423; P.L.119-2012, SEC.216; P.L.248-2017, SEC.4; P.L.144-2020, SEC.1; P.L.165-2021, SEC.209; P.L.9-2022, SEC.81; P.L.104-2022, SEC.198.

Ind. Code § 36-7.5-2-4 Development board; terms of members; vacancy; oath; compensation

Sec. 4. (a) A member appointed to the development board serves a four (4) year term. However, a member serves at the pleasure of the appointing authority. A member may be reappointed to subsequent terms. (b) Subject to section 3(i) of this chapter, if a vacancy occurs on the development board, the appointing authority that made the original appointment shall fill the vacancy by appointing a new member for the remainder of the vacated term. (c) Each member appointed to the development board, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the development board. (d) A member appointed to the development board is not entitled to receive any compensation for performance of the member's duties. However, a member is entitled to a per diem from the development authority for the member's participation in development board meetings. The amount of the per diem is equal to the amount of the per diem provided under IC 4-10-11-2.1(b). As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.56; P.L.144-2020, SEC.2; P.L.165-2021, SEC.210.

Ind. Code § 36-7.5-2-5 Chair; officers

Sec. 5. (a) One (1) of the members appointed by the governor under section 3(b)(1) of this chapter shall serve as chair of the development board. (b) In January of each year, the development board shall hold an organizational meeting at which the development board shall elect the following officers from the members of the development board: (1) A vice chair. (2) A secretary-treasurer. (c) Not more than two (2) members from any particular county may serve as an officer described in subsection (a) or elected under subsection (b). The affirmative vote of at least five (5) members of the development board is necessary to elect an officer under subsection (b). However, if the county described in section 3(d) of this chapter is an eligible county participating in the development authority, the affirmative vote of at least six (6) members of the development board is necessary to elect an officer under subsection (b). (d) An officer elected under subsection (b) serves from the date of the officer's election until the officer's successor is elected and qualified. As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.57; P.L.165-2021, SEC.211.

Ind. Code § 36-7.5-2-6 Meetings; quorum; affirmative votes; proxies prohibited

Sec. 6. (a) The development authority is a public agency for purposes of IC 5-14-1.5 and IC 5-14-3. The development board is a governing body for purposes of IC 5-14-1.5. (b) The development board shall meet at least quarterly. (c) The chair of the development board may call a special meeting of the development board. (d) Five (5) members of the development board constitute a quorum. However, if the county described in section (3)(d) of this chapter is an eligible county participating in the development authority, six (6) members of the development board constitute a quorum. (e) Except as provided in subsection (h), the affirmative votes of at least five (5) members of the development board are necessary to authorize any action of the development authority. However, if the county described in section 3(d) of this chapter is an eligible county participating in the development authority, the affirmative votes of at least six (6) members of the development board are necessary to authorize any action of the development authority. (f) Notwithstanding any other provision of this article, the minimum number of affirmative votes required under subsection (e) to take any of the following actions must include the affirmative vote of the member appointed by the governor who serves as chair: (1) Making loans, loan guarantees, or grants or providing any other funding or financial assistance for projects. (2) Acquiring or condemning property. (3) Entering into contracts. (4) Employing an executive director or any consultants or technical experts. (5) Issuing bonds or entering into a lease of a project. (g) A member of the board may not: (1) designate another individual to attend a board meeting on behalf of the member in the member's absence; or (2) allow another member of the board to cast a proxy vote on behalf of the member in the member's temporary absence from a meeting. (h) This subsection only applies to a vote on matters that pertain strictly to a transit development district established under IC 36-7.5-4.5-17 on which the members of the development board appointed under section 3(b)(4) may cast a vote. The affirmative votes of at least six (6) members of the development board, which must include the chair, are necessary to authorize any action of the development authority. As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.58; P.L.192-2015, SEC.10; P.L.144-2020, SEC.3; P.L.165-2021, SEC.212.

Ind. Code § 36-7.5-2-7 Bylaws and rules

Sec. 7. The development board may adopt the bylaws and rules that the development board considers necessary for the proper conduct of the development board's duties and the safeguarding of the development authority's funds and property. The development board shall include in its rules a statement that recognizes that a member of the development board is a public servant subject to IC 35-44.1-1-4 concerning conflict of interest. As added by P.L.214-2005, SEC.73. Amended by P.L.248-2017, SEC.5.

Ind. Code § 36-7.5-2-8 Public purchasing and public works project laws apply; alternatives; commuter transportation district exercise of development authority's powers and duties

Sec. 8. (a) Except as provided in subsection (c), the development authority must comply with IC 5-22 (public purchasing), IC 36-1-12 (public work projects), and any applicable federal bidding statutes and regulations. An eligible political subdivision that receives a loan, a grant, or other financial assistance from the development authority or enters into a lease with the development authority must comply with applicable federal, state, and local public purchasing and bidding law and regulations. However, a purchasing agency (as defined in IC 5-22-2-25) of an eligible political subdivision may: (1) assign or sell a lease for property to the development authority; or (2) enter into a lease for property with the development authority; at any price and under any other terms and conditions as may be determined by the eligible political subdivision and the development authority. However, before making an assignment or sale of a lease or entering into a lease under this section that would otherwise be subject to IC 5-22, the eligible political subdivision or its purchasing agent must obtain or cause to be obtained a purchase price for the property to be subject to the lease from the lowest responsible and responsive bidder in accordance with the requirements for the purchase of supplies under IC 5-22. (b) In addition to the provisions of subsection (a), with respect to projects undertaken by the authority, the authority shall set a goal for participation by minority business enterprises of fifteen percent (15%) and women's business enterprises of five percent (5%), consistent with the goals of delivering the project on time and within the budgeted amount and, insofar as possible, using Indiana businesses for employees, goods, and services. In fulfilling the goal, the authority shall take into account historical precedents in the same market. (c) As an alternative to IC 36-1-12, the development authority may utilize and may comply with: (1) IC 5-16; (2) IC 5-23; (3) IC 5-30; (4) IC 5-32; or (5) any combination of the articles listed in subdivisions (1) through (4) as determined by the development authority as appropriate; when acquiring, financing, and constructing a public work that is a development project (as defined in IC 36-7.5-4.5-5). (d) The development authority may: (1) contract with; (2) assign to; or (3) delegate to; a commuter transportation district to perform any duties and exercise any powers of the development authority under this chapter. As added by P.L.214-2005, SEC.73. Amended by P.L.252-2015, SEC.48; P.L.189-2018, SEC.167; P.L.10-2019, SEC.136.

Ind. Code § 36-7.5-2-9 Annual financial audit

Sec. 9. (a) The state board of accounts shall, pursuant to IC 5-11-1-7 and IC 5-11-1-24, allow the development authority to contract with a certified public accountant for an annual financial audit of the development authority. The certified public accountant may not have a significant financial interest in a project, facility, or service funded by or leased by or to the development authority. The certified public accountant selected by the development authority must be approved by the state examiner and is subject to the direction of the state examiner while performing an annual financial audit under this article. (b) The certified public accountant shall present an audit report not later than four (4) months after the end of the development authority's fiscal year and shall make recommendations to improve the efficiency of development authority operations. The certified public accountant shall also perform a study and evaluation of internal accounting controls and shall express an opinion on the controls that were in effect during the audit period. (c) The development authority shall pay the cost of the annual financial audit. In addition, the state board of accounts may at any time conduct an audit of any phase of the operations of the development authority. The development authority shall pay the cost of any audit by the state board of accounts. As added by P.L.214-2005, SEC.73. Amended by P.L.257-2019, SEC.145.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026

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