Introduced Version

HOUSE BILL No. 1279_____

DIGEST OF INTRODUCED BILL

Citations Affected: IC 5-14; IC 36-7.5.

Synopsis: Northwest Indiana regional development authority. Providesthat the general assembly finds that the powers and responsibilitiesprovided to the northwest Indiana regional development authority(development authority) are appropriate and necessary to furtherfacilitate the provision of transit development districts. Amends thedefinition of "economic development project". Provides that a purposeof the development authority is to set and align the economicdevelopment strategy and connectivity for northwest Indiana. Providesthat the development board may establish any nonprofit entity to solicitand accept various funding in order to carry out and further thepurposes, plans, and goals of the development authority. Provides thatany such entity shall be a governmental body required to provide itscurrent audited financial statements to the development authority notlater than four months after the end of the development authority'sfiscal year. Provides that all assets of a corporation shall accrue to andvest in the development authority upon dissolution. Provides that thedevelopment authority may contract with, assign to, or delegate to acommuter transportation district or a nonprofit entity to perform anyduties and exercise any powers of the development authority. Providesthat the development authority shall act as the chief developmentalofficer for the state with regard to transit development districts andprovide administrative and financial support to any entity created fortransit development districts or for economic development projects.Provides that the development authority may expend money related totransit development districts or nonprofit subsidiary corporationsestablished to solicit and accept various funding in order to carry outand further the purposes of the development authority. Provides that the

(Continued next page)

Effective: July 1, 2020.

Soliday

January 14, 2020, read first time and referred to Committee on Government and RegulatoryReform.

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Digest Continued

development authority may create any entity in furtherance of anyeconomic development project or any other purpose of thedevelopment authority, including the comprehensive plan of thedevelopment authority. Removes the provision specifying that aliability or obligation may not be incurred by the development authoritythat is greater than the revenue to be received for rail transitdevelopment district purposes. Makes certain provisions under thepublic meetings and public records laws for the development authority.

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Introduced

Second Regular Session of the 121st General Assembly (2020)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the IndianaConstitution) is being amended, the text of the existing provision will appear in this style type,additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutionalprovision adopted), the text of the new provision will appear in this style type. Also, theword NEW will appear in that style type in the introductory clause of each SECTION that addsa new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflictsbetween statutes enacted by the 2019 Regular Session of the General Assembly.

HOUSE BILL No. 1279

A BILL FOR AN ACT to amend the Indiana Code concerning stateand local administration.

Be it enacted by the General Assembly of the State of Indiana:

1 SECTION 1. IC 5-14-1.5-3.6, AS AMENDED BY P.L.237-2017,2 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE3 JULY 1, 2020]: Sec. 3.6. (a) This section applies only to a governing4 body of the following:5 (1) A charter school (as defined in IC 20-24-1-4).6 (2) A public agency of the state, including a body corporate and7 politic established as an instrumentality of the state.8 (3) An airport authority or a department of aviation under IC 8-22.9 (b) A member of a governing body who is not physically present at

10 a meeting of the governing body may participate in a meeting of the11 governing body by electronic communication only if the member uses12 a means of communication that permits:13 (1) the member;14 (2) all other members participating in the meeting;15 (3) all members of the public physically present at the place16 where the meeting is conducted; and17 (4) if the meeting is conducted under a policy adopted under

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1 subsection (g)(7), all members of the public physically present at2 a public location at which a member participates by means of3 electronic communication;4 to simultaneously communicate with each other during the meeting.5 (c) The governing body must fulfill both of the following6 requirements for a member of the governing body to participate in a7 meeting by electronic communication:8 (1) This subdivision does not apply to committees appointed by9 a board of trustees of a state educational institution, by the

10 commission for higher education, by the board of the Indiana11 economic development corporation, by the development board12 of the northwest Indiana regional development authority, or13 by the board of directors of the Indiana secondary market for14 education loans, as established, incorporated, and designated15 under IC 21-16-5-1. The minimum number of members who must16 be physically present at the place where the meeting is conducted17 must be the greater of:18 (A) two (2) of the members; or19 (B) one-third (1/3) of the members.20 (2) All votes of the governing body during the electronic meeting21 must be taken by roll call vote.22 Nothing in this section affects the public's right under this chapter to23 attend a meeting of the governing body at the place where the meeting24 is conducted and the minimum number of members is physically25 present as provided for in subdivision (1).26 (d) Each member of the governing body is required to physically27 attend at least one (1) meeting of the governing body annually.28 (e) Unless a policy adopted by a governing body under subsection29 (g) provides otherwise, a member who participates in a meeting by30 electronic communication:31 (1) is considered to be present at the meeting;32 (2) shall be counted for purposes of establishing a quorum; and33 (3) may vote at the meeting.34 (f) A governing body may not conduct meetings using a means of35 electronic communication until the governing body:36 (1) meets all requirements of this chapter; and37 (2) by a favorable vote of a majority of the members of the38 governing body, adopts a policy under subsection (g) governing39 participation in meetings of the governing body by electronic40 communication.41 (g) A policy adopted by a governing body to govern participation in42 the governing body's meetings by electronic communication may do

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1 any of the following:2 (1) Require a member to request authorization to participate in a3 meeting of the governing body by electronic communication4 within a certain number of days before the meeting to allow for5 arrangements to be made for the member's participation by6 electronic communication.7 (2) Subject to subsection (e), limit the number of members who8 may participate in any one (1) meeting by electronic9 communication.

10 (3) Limit the total number of meetings that the governing body11 may conduct in a calendar year by electronic communication.12 (4) Limit the number of meetings in a calendar year in which any13 one (1) member of the governing body may participate by14 electronic communication.15 (5) Provide that a member who participates in a meeting by16 electronic communication may not cast the deciding vote on any17 official action. For purposes of this subdivision, a member casts18 the deciding vote on an official action if, regardless of the order19 in which the votes are cast:20 (A) the member votes with the majority; and21 (B) the official action is adopted or defeated by one (1) vote.22 (6) Require a member participating in a meeting by electronic23 communication to confirm in writing the votes cast by the24 member during the meeting within a certain number of days after25 the date of the meeting.26 (7) Provide that in addition to the location where a meeting is27 conducted, the public may also attend some or all meetings of the28 governing body, excluding executive sessions, at a public place29 or public places at which a member is physically present and30 participates by electronic communication. If the governing body's31 policy includes this provision, a meeting notice must provide the32 following information:33 (A) The identity of each member who will be physically34 present at a public place and participate in the meeting by35 electronic communication.36 (B) The address and telephone number of each public place37 where a member will be physically present and participate by38 electronic communication.39 (C) Unless the meeting is an executive session, a statement40 that a location described in clause (B) will be open and41 accessible to the public.42 (8) Require at least a quorum of members to be physically present

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1 at the location where the meeting is conducted.2 (9) Provide that a member participating by electronic3 communication may vote on official action only if, subject to4 subsection (e), a specified number of members:5 (A) are physically present at the location where the meeting is6 conducted; and7 (B) concur in the official action.8 (10) Establish any other procedures, limitations, or conditions that9 govern participation in meetings of the governing body by

10 electronic communication and are not in conflict with this11 chapter.12 (h) The policy adopted by the governing body must be posted on the13 Internet web site of the governing body, the charter school, the airport,14 or the public agency.15 (i) Nothing in this section affects a public agency's or charter16 school's right to exclude the public from an executive session in which17 a member participates by electronic communication.18 SECTION 2. IC 5-14-1.5-6.1, AS AMENDED BY P.L.164-2019,19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE20 JULY 1, 2020]: Sec. 6.1. (a) As used in this section, "public official"21 means a person:22 (1) who is a member of a governing body of a public agency; or23 (2) whose tenure and compensation are fixed by law and who24 executes an oath.25 (b) Executive sessions may be held only in the following instances:26 (1) Where authorized by federal or state statute.27 (2) For discussion of strategy with respect to any of the following:28 (A) Collective bargaining.29 (B) Initiation of litigation or litigation that is either pending or30 has been threatened specifically in writing. As used in this31 clause, "litigation" includes any judicial action or32 administrative law proceeding under federal or state law.33 (C) The implementation of security systems.34 (D) A real property transaction including:35 (i) a purchase;36 (ii) a lease as lessor;37 (iii) a lease as lessee;38 (iv) a transfer;39 (v) an exchange; or40 (vi) a sale;41 by the governing body up to the time a contract or option is42 executed by the parties. This clause does not affect a political

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1 subdivision's duty to comply with any other statute that2 governs the conduct of the real property transaction, including3 IC 36-1-10 or IC 36-1-11.4 (E) School consolidation.5 However, all such strategy discussions must be necessary for6 competitive or bargaining reasons and may not include7 competitive or bargaining adversaries.8 (3) For discussion of the assessment, design, and implementation9 of school safety and security measures, plans, and systems.

10 (4) Interviews and negotiations with industrial or commercial11 prospects or agents of industrial or commercial prospects by:12 (A) the Indiana economic development corporation;13 (B) the office of tourism development (before July 1, 2020) or14 the Indiana destination development corporation (after June15 30, 2020);16 (C) the Indiana finance authority;17 (D) the ports of Indiana;18 (E) an economic development commission;19 (F) the Indiana state department of agriculture;20 (G) a local economic development organization that is a21 nonprofit corporation established under state law whose22 primary purpose is the promotion of industrial or business23 development in Indiana, the retention or expansion of Indiana24 businesses, or the development of entrepreneurial activities in25 Indiana; or26 (H) a governing body of a political subdivision; or27 (I) the northwest Indiana regional development authority28 or any nonprofit affiliate entity of the northwest Indiana29 regional development authority.30 However, this subdivision does not apply to any discussions31 regarding research that is prohibited under IC 16-34.5-1-2 or32 under any other law.33 (5) To receive information about and interview prospective34 employees.35 (6) With respect to any individual over whom the governing body36 has jurisdiction:37 (A) to receive information concerning the individual's alleged38 misconduct; and39 (B) to discuss, before a determination, the individual's status40 as an employee, a student, or an independent contractor who41 is:42 (i) a physician; or

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1 (ii) a school bus driver.2 (7) For discussion of records classified as confidential by state or3 federal statute.4 (8) To discuss before a placement decision an individual student's5 abilities, past performance, behavior, and needs.6 (9) To discuss a job performance evaluation of individual7 employees. This subdivision does not apply to a discussion of the8 salary, compensation, or benefits of employees during a budget9 process.

10 (10) When considering the appointment of a public official, to do11 the following:12 (A) Develop a list of prospective appointees.13 (B) Consider applications.14 (C) Make one (1) initial exclusion of prospective appointees15 from further consideration.16 Notwithstanding IC 5-14-3-4(b)(12), a governing body may17 release and shall make available for inspection and copying in18 accordance with IC 5-14-3-3 identifying information concerning19 prospective appointees not initially excluded from further20 consideration. An initial exclusion of prospective appointees from21 further consideration may not reduce the number of prospective22 appointees to fewer than three (3) unless there are fewer than23 three (3) prospective appointees. Interviews of prospective24 appointees must be conducted at a meeting that is open to the25 public.26 (11) To train school board members with an outside consultant27 about the performance of the role of the members as public28 officials.29 (12) To prepare or score examinations used in issuing licenses,30 certificates, permits, or registrations under IC 25.31 (13) To discuss information and intelligence intended to prevent,32 mitigate, or respond to the threat of terrorism.33 (14) To train members of a board of aviation commissioners34 appointed under IC 8-22-2 or members of an airport authority35 board appointed under IC 8-22-3 with an outside consultant about36 the performance of the role of the members as public officials. A37 board may hold not more than one (1) executive session per38 calendar year under this subdivision.39 (15) For discussion by the governing body of a state educational40 institution of:41 (A) the assessment of; or42 (B) negotiation with another entity concerning;

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1 the establishment of a collaborative relationship or venture to2 advance the research, engagement, or education mission of the3 state educational institution. However, this subdivision does not4 apply to any discussions regarding research that is prohibited5 under IC 16-34.5-1-2 or under any other law.6 (c) A final action must be taken at a meeting open to the public.7 (d) Public notice of executive sessions must state the subject matter8 by specific reference to the enumerated instance or instances for which9 executive sessions may be held under subsection (b). The requirements

10 stated in section 4 of this chapter for memoranda and minutes being11 made available to the public is modified as to executive sessions in that12 the memoranda and minutes must identify the subject matter13 considered by specific reference to the enumerated instance or14 instances for which public notice was given. The governing body shall15 certify by a statement in the memoranda and minutes of the governing16 body that no subject matter was discussed in the executive session17 other than the subject matter specified in the public notice.18 (e) A governing body may not conduct an executive session during19 a meeting, except as otherwise permitted by applicable statute. A20 meeting may not be recessed and reconvened with the intent of21 circumventing this subsection.22 SECTION 3. IC 5-14-3-4, AS AMENDED BY THE TECHNICAL23 CORRECTIONS BILL OF THE 2020 GENERAL ASSEMBLY, IS24 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2020]:25 Sec. 4. (a) The following public records are excepted from section 3 of26 this chapter and may not be disclosed by a public agency, unless access27 to the records is specifically required by a state or federal statute or is28 ordered by a court under the rules of discovery:29 (1) Those declared confidential by state statute.30 (2) Those declared confidential by rule adopted by a public31 agency under specific authority to classify public records as32 confidential granted to the public agency by statute.33 (3) Those required to be kept confidential by federal law.34 (4) Records containing trade secrets.35 (5) Confidential financial information obtained, upon request,36 from a person. However, this does not include information that is37 filed with or received by a public agency pursuant to state statute.38 (6) Information concerning research, including actual research39 documents, conducted under the auspices of a state educational40 institution, including information:41 (A) concerning any negotiations made with respect to the42 research; and

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1 (B) received from another party involved in the research.2 (7) Grade transcripts and license examination scores obtained as3 part of a licensure process.4 (8) Those declared confidential by or under rules adopted by the5 supreme court of Indiana.6 (9) Patient medical records and charts created by a provider,7 unless the patient gives written consent under IC 16-39 or as8 provided under IC 16-41-8.9 (10) Application information declared confidential by the Indiana

10 economic development corporation under IC 5-28-16 or the11 northwest Indiana regional development authority under12 IC 36-7.5.13 (11) A photograph, a video recording, or an audio recording of an14 autopsy, except as provided in IC 36-2-14-10.15 (12) A Social Security number contained in the records of a16 public agency.17 (13) The following information that is part of a foreclosure action18 subject to IC 32-30-10.5:19 (A) Contact information for a debtor, as described in20 IC 32-30-10.5-8(d)(1)(B).21 (B) Any document submitted to the court as part of the debtor's22 loss mitigation package under IC 32-30-10.5-10(a)(3).23 (14) The following information obtained from a call made to a24 fraud hotline established under IC 36-1-8-8.5:25 (A) The identity of any individual who makes a call to the26 fraud hotline.27 (B) A report, transcript, audio recording, or other information28 concerning a call to the fraud hotline.29 However, records described in this subdivision may be disclosed30 to a law enforcement agency, a private university police31 department, the attorney general, the inspector general, the state32 examiner, or a prosecuting attorney.33 (b) Except as otherwise provided by subsection (a), the following34 public records shall be excepted from section 3 of this chapter at the35 discretion of a public agency:36 (1) Investigatory records of law enforcement agencies or private37 university police departments. For purposes of this chapter, a law38 enforcement recording is not an investigatory record. Law39 enforcement agencies or private university police departments40 may share investigatory records with a:41 (A) person who advocates on behalf of a crime victim,42 including a victim advocate (as defined in IC 35-37-6-3.5) or

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1 a victim service provider (as defined in IC 35-37-6-5), for the2 purposes of providing services to a victim or describing3 services that may be available to a victim; and4 (B) school corporation (as defined by IC 20-18-2-16(a)),5 charter school (as defined by IC 20-24-1-4), or nonpublic6 school (as defined by IC 20-18-2-12) for the purpose of7 enhancing the safety or security of a student or a school8 facility;9 without the law enforcement agency or private university police

10 department losing its discretion to keep those records confidential11 from other records requesters. However, certain law enforcement12 records must be made available for inspection and copying as13 provided in section 5 of this chapter.14 (2) The work product of an attorney representing, pursuant to15 state employment or an appointment by a public agency:16 (A) a public agency;17 (B) the state; or18 (C) an individual.19 (3) Test questions, scoring keys, and other examination data used20 in administering a licensing examination, examination for21 employment, or academic examination before the examination is22 given or if it is to be given again.23 (4) Scores of tests if the person is identified by name and has not24 consented to the release of the person's scores.25 (5) The following:26 (A) Records relating to negotiations between:27 (i) the Indiana economic development corporation;28 (ii) the ports of Indiana;29 (iii) the Indiana state department of agriculture;30 (iv) the Indiana finance authority;31 (v) an economic development commission;32 (vi) a local economic development organization that is a33 nonprofit corporation established under state law whose34 primary purpose is the promotion of industrial or business35 development in Indiana, the retention or expansion of36 Indiana businesses, or the development of entrepreneurial37 activities in Indiana; or38 (vii) a governing body of a political subdivision; or39 (viii) the northwest Indiana regional development40 authority or any nonprofit affiliate entity of the41 northwest Indiana regional development authority;42 with industrial, research, or commercial prospects, if the

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1 records are created while negotiations are in progress.2 However, this clause does not apply to records regarding3 research that is prohibited under IC 16-34.5-1-2 or any other4 law.5 (B) Notwithstanding clause (A), the terms of the final offer of6 public financial resources communicated by the Indiana7 economic development corporation, the ports of Indiana, the8 Indiana finance authority, an economic development9 commission, the northwest Indiana regional development

10 authority, or a governing body of a political subdivision to an11 industrial, a research, or a commercial prospect shall be12 available for inspection and copying under section 3 of this13 chapter after negotiations with that prospect have terminated.14 (C) When disclosing a final offer under clause (B), the Indiana15 economic development corporation shall certify that the16 information being disclosed accurately and completely17 represents the terms of the final offer.18 (D) Notwithstanding clause (A), an incentive agreement with19 an incentive recipient shall be available for inspection and20 copying under section 3 of this chapter after the date the21 incentive recipient and the Indiana economic development22 corporation execute the incentive agreement regardless of23 whether negotiations are in progress with the recipient after24 that date regarding a modification or extension of the incentive25 agreement.26 (6) Records that are intra-agency or interagency advisory or27 deliberative material, including material developed by a private28 contractor under a contract with a public agency, that are29 expressions of opinion or are of a speculative nature, and that are30 communicated for the purpose of decision making.31 (7) Diaries, journals, or other personal notes serving as the32 functional equivalent of a diary or journal.33 (8) Personnel files of public employees and files of applicants for34 public employment, except for:35 (A) the name, compensation, job title, business address,36 business telephone number, job description, education and37 training background, previous work experience, or dates of38 first and last employment of present or former officers or39 employees of the agency;40 (B) information relating to the status of any formal charges41 against the employee; and42 (C) the factual basis for a disciplinary action in which final

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1 action has been taken and that resulted in the employee being2 suspended, demoted, or discharged.3 However, all personnel file information shall be made available4 to the affected employee or the employee's representative. This5 subdivision does not apply to disclosure of personnel information6 generally on all employees or for groups of employees without the7 request being particularized by employee name.8 (9) Minutes or records of hospital medical staff meetings.9 (10) Administrative or technical information that would

10 jeopardize a record keeping system, voting system, voter11 registration system, or security system.12 (11) Computer programs, computer codes, computer filing13 systems, and other software that are owned by the public agency14 or entrusted to it and portions of electronic maps entrusted to a15 public agency by a utility.16 (12) Records specifically prepared for discussion or developed17 during discussion in an executive session under IC 5-14-1.5-6.1.18 However, this subdivision does not apply to that information19 required to be available for inspection and copying under20 subdivision (8).21 (13) The work product of the legislative services agency under22 personnel rules approved by the legislative council.23 (14) The work product of individual members and the partisan24 staffs of the general assembly.25 (15) The identity of a donor of a gift made to a public agency if:26 (A) the donor requires nondisclosure of the donor's identity as27 a condition of making the gift; or28 (B) after the gift is made, the donor or a member of the donor's29 family requests nondisclosure.30 (16) Library or archival records:31 (A) which can be used to identify any library patron; or32 (B) deposited with or acquired by a library upon a condition33 that the records be disclosed only:34 (i) to qualified researchers;35 (ii) after the passing of a period of years that is specified in36 the documents under which the deposit or acquisition is37 made; or38 (iii) after the death of persons specified at the time of the39 acquisition or deposit.40 However, nothing in this subdivision shall limit or affect contracts41 entered into by the Indiana state library pursuant to IC 4-1-6-8.42 (17) The identity of any person who contacts the bureau of motor

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1 vehicles concerning the ability of a driver to operate a motor2 vehicle safely and the medical records and evaluations made by3 the bureau of motor vehicles staff or members of the driver4 licensing medical advisory board regarding the ability of a driver5 to operate a motor vehicle safely. However, upon written request6 to the commissioner of the bureau of motor vehicles, the driver7 must be given copies of the driver's medical records and8 evaluations.9 (18) School safety and security measures, plans, and systems,

10 including emergency preparedness plans developed under 51111 IAC 6.1-2-2.5.12 (19) A record or a part of a record, the public disclosure of which13 would have a reasonable likelihood of threatening public safety14 by exposing a vulnerability to terrorist attack. A record described15 under this subdivision includes the following:16 (A) A record assembled, prepared, or maintained to prevent,17 mitigate, or respond to an act of terrorism under IC 35-47-12-118 (before its repeal), an act of agricultural terrorism under19 IC 35-47-12-2 (before its repeal), or a felony terrorist offense20 (as defined in IC 35-50-2-18).21 (B) Vulnerability assessments.22 (C) Risk planning documents.23 (D) Needs assessments.24 (E) Threat assessments.25 (F) Intelligence assessments.26 (G) Domestic preparedness strategies.27 (H) The location of community drinking water wells and28 surface water intakes.29 (I) The emergency contact information of emergency30 responders and volunteers.31 (J) Infrastructure records that disclose the configuration of32 critical systems such as voting system and voter registration33 system critical infrastructure, and communication, electrical,34 ventilation, water, and wastewater systems.35 (K) Detailed drawings or specifications of structural elements,36 floor plans, and operating, utility, or security systems, whether37 in paper or electronic form, of any building or facility located38 on an airport (as defined in IC 8-21-1-1) that is owned,39 occupied, leased, or maintained by a public agency, or any part40 of a law enforcement recording that captures information41 about airport security procedures, areas, or systems. A record42 described in this clause may not be released for public

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1 inspection by any public agency without the prior approval of2 the public agency that owns, occupies, leases, or maintains the3 airport. Both of the following apply to the public agency that4 owns, occupies, leases, or maintains the airport:5 (i) The public agency is responsible for determining whether6 the public disclosure of a record or a part of a record,7 including a law enforcement recording, has a reasonable8 likelihood of threatening public safety by exposing a9 security procedure, area, system, or vulnerability to terrorist

10 attack.11 (ii) The public agency must identify a record described12 under item (i) and clearly mark the record as "confidential13 and not subject to public disclosure under14 IC 5-14-3-4(b)(19)(J) without approval of (insert name of15 submitting public agency)". However, in the case of a law16 enforcement recording, the public agency must clearly mark17 the record as "confidential and not subject to public18 disclosure under IC 5-14-3-4(b)(19)(K) without approval of19 (insert name of the public agency that owns, occupies,20 leases, or maintains the airport)".21 (L) The home address, home telephone number, and22 emergency contact information for any:23 (i) emergency management worker (as defined in24 IC 10-14-3-3);25 (ii) public safety officer (as defined in IC 35-47-4.5-3);26 (iii) emergency medical responder (as defined in27 IC 16-18-2-109.8); or28 (iv) advanced emergency medical technician (as defined in29 IC 16-18-2-6.5).30 This subdivision does not apply to a record or portion of a record31 pertaining to a location or structure owned or protected by a32 public agency in the event that an act of terrorism under33 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism34 under IC 35-47-12-2 (before its repeal), or a felony terrorist35 offense (as defined in IC 35-50-2-18) has occurred at that location36 or structure, unless release of the record or portion of the record37 would have a reasonable likelihood of threatening public safety38 by exposing a vulnerability of other locations or structures to39 terrorist attack.40 (20) The following personal information concerning a customer41 of a municipally owned utility (as defined in IC 8-1-2-1):42 (A) Telephone number.

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1 (B) Address.2 (C) Social Security number.3 (21) The following personal information about a complainant4 contained in records of a law enforcement agency:5 (A) Telephone number.6 (B) The complainant's address. However, if the complainant's7 address is the location of the suspected crime, infraction,8 accident, or complaint reported, the address shall be made9 available for public inspection and copying.

10 (22) Notwithstanding subdivision (8)(A), the name,11 compensation, job title, business address, business telephone12 number, job description, education and training background,13 previous work experience, or dates of first employment of a law14 enforcement officer who is operating in an undercover capacity.15 (23) Records requested by an offender that:16 (A) contain personal information relating to:17 (i) a correctional officer (as defined in IC 5-10-10-1.5);18 (ii) a law enforcement officer (as defined in19 IC 35-31.5-2-185);20 (iii) a judge (as defined in IC 33-38-12-3);21 (iv) the victim of a crime; or22 (v) a family member of a correctional officer, law23 enforcement officer (as defined in IC 35-31.5-2-185), judge24 (as defined in IC 33-38-12-3), or victim of a crime; or25 (B) concern or could affect the security of a jail or correctional26 facility.27 (24) Information concerning an individual less than eighteen (18)28 years of age who participates in a conference, meeting, program,29 or activity conducted or supervised by a state educational30 institution, including the following information regarding the31 individual or the individual's parent or guardian:32 (A) Name.33 (B) Address.34 (C) Telephone number.35 (D) Electronic mail account address.36 (25) Criminal intelligence information.37 (26) The following information contained in a report of unclaimed38 property under IC 32-34-1-26 or in a claim for unclaimed39 property under IC 32-34-1-36:40 (A) Date of birth.41 (B) Driver's license number.42 (C) Taxpayer identification number.

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1 (D) Employer identification number.2 (E) Account number.3 (27) Except as provided in subdivision (19) and sections 5.1 and4 5.2 of this chapter, a law enforcement recording. However, before5 disclosing the recording, the public agency must comply with the6 obscuring requirements of sections 5.1 and 5.2 of this chapter, if7 applicable.8 (28) Records relating to negotiations between a state educational9 institution and another entity concerning the establishment of a

10 collaborative relationship or venture to advance the research,11 engagement, or educational mission of the state educational12 institution, if the records are created while negotiations are in13 progress. The terms of the final offer of public financial resources14 communicated by the state educational institution to an industrial,15 a research, or a commercial prospect shall be available for16 inspection and copying under section 3 of this chapter after17 negotiations with that prospect have terminated. However, this18 subdivision does not apply to records regarding research19 prohibited under IC 16-34.5-1-2 or any other law.20 (c) Nothing contained in subsection (b) shall limit or affect the right21 of a person to inspect and copy a public record required or directed to22 be made by any statute or by any rule of a public agency.23 (d) Notwithstanding any other law, a public record that is classified24 as confidential, other than a record concerning an adoption or patient25 medical records, shall be made available for inspection and copying26 seventy-five (75) years after the creation of that record.27 (e) Only the content of a public record may form the basis for the28 adoption by any public agency of a rule or procedure creating an29 exception from disclosure under this section.30 (f) Except as provided by law, a public agency may not adopt a rule31 or procedure that creates an exception from disclosure under this32 section based upon whether a public record is stored or accessed using33 paper, electronic media, magnetic media, optical media, or other34 information storage technology.35 (g) Except as provided by law, a public agency may not adopt a rule36 or procedure nor impose any costs or liabilities that impede or restrict37 the reproduction or dissemination of any public record.38 (h) Notwithstanding subsection (d) and section 7 of this chapter:39 (1) public records subject to IC 5-15 may be destroyed only in40 accordance with record retention schedules under IC 5-15; or41 (2) public records not subject to IC 5-15 may be destroyed in the42 ordinary course of business.

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1 SECTION 4. IC 36-7.5-0.1-1, AS ADDED BY P.L.220-2011,2 SECTION 667, IS AMENDED TO READ AS FOLLOWS3 [EFFECTIVE JULY 1, 2020]: Sec. 1. The general assembly finds the4 following:5 (1) The eligible counties face unique and distinct challenges and6 opportunities related to transportation and economic development7 that are different in scope and type than those faced by other units8 of local government in Indiana.9 (2) A unique approach is required to fully take advantage of the

10 economic development potential of the Chicago, South Shore, and11 South Bend Railway and the Gary/Chicago International Airport12 and the Lake Michigan shoreline.13 (3) The powers and responsibilities provided to the development14 authority are appropriate and necessary to carry out the public15 purposes of encouraging economic development and further16 facilitating the provision of air, rail, and bus transportation17 services, projects, transit development districts, and facilities,18 shoreline development projects, and economic development19 projects in the eligible counties.20 SECTION 5. IC 36-7.5-1-10, AS AMENDED BY P.L.204-2016,21 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE22 JULY 1, 2020]: Sec. 10. "Economic development project" means the23 following:24 (1) An economic development project described in any of the25 following:26 (A) IC 36-7.5-2-1(2), IC 36-7.5-2-1(3), or IC 36-7.5-2-1(4).27 (B) IC 36-7.5-3-1(2) or IC 36-7.5-3-1(4), or IC 36-7.5-4.5-5.28 (C) The Marquette Plan.29 (D) A rail project under IC 36-7.5-4.5-12 or IC 5-1.3-2-14.30 (E) A transit development district established under31 IC 36-7.5-4.5-17.32 (F) A project undertaken by any entity established under33 IC 36-7.5-2-1.5 in furtherance of the mission of the34 development authority.35 (2) A dredging, sediment, removal, or channel improvement36 project.37 SECTION 6. IC 36-7.5-1-15.7 IS ADDED TO THE INDIANA38 CODE AS A NEW SECTION TO READ AS FOLLOWS39 [EFFECTIVE JULY 1, 2020]: Sec. 15.7. As used in this article,40 "transit development district" means a transit development district41 (established under IC 36-7.5-4.5) for which the development42 authority is the exclusive developmental officer for the state.

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1 SECTION 7. IC 36-7.5-2-1, AS AMENDED BY P.L.229-2017,2 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE3 JULY 1, 2020]: Sec. 1. The northwest Indiana regional development4 authority is established as a separate body corporate and politic to carry5 out the purposes of this article by:6 (1) acquiring, constructing, equipping, owning, leasing, and7 financing projects and facilities for lease to or for the benefit of8 eligible political subdivisions under this article in accordance9 with IC 36-7.5-3-1.5;

10 (2) funding and developing the Gary/Chicago International11 Airport expansion and other airport authority projects, commuter12 transportation district and other rail projects and services,13 regional bus authority projects and services, regional14 transportation authority projects and services, transit15 development districts, Lake Michigan marina and shoreline16 development projects and activities, and economic development17 projects in northwestern Indiana;18 (3) assisting with the funding of infrastructure needed to sustain19 development of an intermodal facility in northwestern Indiana;20 (4) funding and developing regional transportation infrastructure21 projects under IC 36-9-43; and22 (5) studying and evaluating destination based economic23 development projects that have:24 (A) an identified market;25 (B) identified funding sources and these funding sources26 include at least fifty percent (50%) from nongovernmental27 sources; and28 (C) a demonstrable short and long term local and regional29 economic impact, as verified by an independent economic30 analysis.31 An economic analysis conducted under clause (C) must be32 submitted to the budget committee at least thirty (30) days before33 review is sought for the project under IC 36-7.5-3-1.5; and34 (6) setting and aligning the economic development strategy35 and connectivity for northwest Indiana.36 SECTION 8. IC 36-7.5-2-1.5 IS ADDED TO THE INDIANA37 CODE AS A NEW SECTION TO READ AS FOLLOWS38 [EFFECTIVE JULY 1, 2020]: Sec. 1.5. (a) The development board39 may establish any nonprofit entity to solicit and accept private or40 public funding, gifts, donations, bequests, devises, and41 contributions in order to carry out and further the purposes, plans,42 and goals of the development authority.

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1 (b) Any entity established under this section shall be a2 governmental body under IC 5-22-2-13 and:3 (1) may use money received under subsection (a) to carry out4 in any manner the purposes and programs of the development5 authority, including transit development districts and6 furtherance of the comprehensive strategic plan of the7 development authority;8 (2) must report to the budget committee each year; and9 (3) may deposit money received under subsection (a) in an

10 account or fund that is:11 (A) administered by the entity; and12 (B) not part of the state treasury.13 (c) Any entity created under this section shall provide its14 current audited financial statements to the development authority15 not later than four (4) months after the end of the development16 authority's fiscal year.17 (d) All assets of the corporation shall accrue to and vest in the18 development authority upon dissolution.19 SECTION 9. IC 36-7.5-2-8, AS AMENDED BY P.L.10-2019,20 SECTION 136, IS AMENDED TO READ AS FOLLOWS21 [EFFECTIVE JULY 1, 2020]: Sec. 8. (a) Except as provided in22 subsection (c), the development authority must comply with IC 5-2223 (public purchasing), IC 36-1-12 (public work projects), and any24 applicable federal bidding statutes and regulations. An eligible political25 subdivision that receives a loan, a grant, or other financial assistance26 from the development authority or enters into a lease with the27 development authority must comply with applicable federal, state, and28 local public purchasing and bidding law and regulations. However, a29 purchasing agency (as defined in IC 5-22-2-25) of an eligible political30 subdivision may:31 (1) assign or sell a lease for property to the development32 authority; or33 (2) enter into a lease for property with the development authority;34 at any price and under any other terms and conditions as may be35 determined by the eligible political subdivision and the development36 authority. However, before making an assignment or sale of a lease or37 entering into a lease under this section that would otherwise be subject38 to IC 5-22, the eligible political subdivision or its purchasing agent39 must obtain or cause to be obtained a purchase price for the property40 to be subject to the lease from the lowest responsible and responsive41 bidder in accordance with the requirements for the purchase of supplies42 under IC 5-22.

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1 (b) In addition to the provisions of subsection (a), with respect to2 projects undertaken by the authority, the authority shall set a goal for3 participation by minority business enterprises of fifteen percent (15%)4 and women's business enterprises of five percent (5%), consistent with5 the goals of delivering the project on time and within the budgeted6 amount and, insofar as possible, using Indiana businesses for7 employees, goods, and services. In fulfilling the goal, the authority8 shall take into account historical precedents in the same market.9 (c) As an alternative to IC 36-1-12, the development authority may

10 utilize and may comply with:11 (1) IC 5-16;12 (2) IC 5-23;13 (3) IC 5-30;14 (4) IC 5-32; or15 (5) any combination of the articles provisions under the articles16 listed in subdivisions (1) through (4) as determined by the17 development authority as appropriate;18 when acquiring, financing, and constructing a public work that is a19 development project (as defined in IC 36-7.5-4.5-5). an economic20 development project (as defined in IC 36-7.5-1-10).21 (d) The development authority may:22 (1) contract with;23 (2) assign to; or24 (3) delegate to;25 a commuter transportation district (established under IC 8-5-15) or26 any entity established under IC 36-7.5-2-1.5 to perform any duties27 and exercise any powers of the development authority under this28 chapter.29 SECTION 10. IC 36-7.5-3-1, AS AMENDED BY P.L.189-2018,30 SECTION 168, IS AMENDED TO READ AS FOLLOWS31 [EFFECTIVE JULY 1, 2020]: Sec. 1. The development authority shall32 do the following:33 (1) Subject to sections 1.5 and 1.7 of this chapter, assist in the34 coordination of local efforts concerning projects.35 (2) Assist a commuter transportation district, an airport authority,36 the Lake Michigan marina and shoreline development37 commission, a regional transportation authority, and a regional38 bus authority in coordinating regional transportation and39 economic development efforts.40 (3) Subject to sections 1.5 and 1.7 of this chapter, fund projects41 as provided in this article.42 (4) Fund bus services (including fixed route services and flexible

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1 or demand-responsive services) and projects related to bus2 services and bus terminals, stations, or facilities.3 (4) Act as the chief developmental officer for the state with4 regard to transit development districts under IC 36-7.5-4.5.5 (5) Provide administrative and financial support to any entity6 created under IC 36-7.5-2-1.5 for transit development7 districts or for economic development projects.8 SECTION 11. IC 36-7.5-3-1.5, AS AMENDED BY P.L.189-2018,9 SECTION 169, IS AMENDED TO READ AS FOLLOWS

10 [EFFECTIVE JULY 1, 2020]: Sec. 1.5. (a) Except as provided in11 section 1.7 of this chapter, this section applies to revenue received by12 the authority to the extent that the revenue has not been pledged or13 otherwise obligated to pay bonds or leases entered into before July 1,14 2015, for a project other than a rail project.15 (b) The authority may expend money received under this article to16 fund economic development projects only to the extent that:17 (1) the development board finds that the economic development18 project is a destination based economic development project19 evaluated under IC 36-7.5-2-1(4) or is consistent with:20 (A) a duty imposed upon the development authority under21 section 1(2) or 1(4) of this chapter; or22 (B) the Marquette Plan; and23 (2) funding the project is reviewed by the budget committee under24 subsection (c).25 (c) The development board shall submit to the budget committee for26 review and comment any proposal to fund an economic development27 project (including any destination based economic development28 project) under this article. The budget committee shall review any29 proposal received under this subsection and may request that the30 authority appear at a public meeting of the budget committee31 concerning the funding proposal. This subsection does not apply to a32 rail project financed under IC 5-1.3.33 (d) Notwithstanding subsections (a) through (c), the34 development authority may expend money related to transit35 development districts (established under IC 36-7.5-4.5) or any36 entity created by IC 36-7.5-2-1.5.37 SECTION 12. IC 36-7.5-3-2, AS AMENDED BY P.L.229-2017,38 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE39 JULY 1, 2020]: Sec. 2. (a) The development authority may do any of40 the following:41 (1) Finance, improve, construct, reconstruct, renovate, purchase,42 lease, acquire, and equip land and projects located in an eligible

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1 county or eligible municipality.2 (2) Lease land or a project to an eligible political subdivision.3 (3) Finance and construct additional improvements to projects or4 other capital improvements owned by the development authority5 and lease them to or for the benefit of an eligible political6 subdivision.7 (4) Acquire land or all or a portion of one (1) or more projects8 from an eligible political subdivision by purchase or lease and9 lease the land or projects back to the eligible political subdivision,

10 with any additional improvements that may be made to the land11 or projects.12 (5) Acquire all or a portion of one (1) or more projects from an13 eligible political subdivision by purchase or lease to fund or14 refund indebtedness incurred on account of the projects to enable15 the eligible political subdivision to make a savings in debt service16 obligations or lease rental obligations or to obtain relief from17 covenants that the eligible political subdivision considers to be18 unduly burdensome.19 (6) Make loans, loan guarantees, and grants or provide other20 financial assistance to or on behalf of the following:21 (A) A commuter transportation district.22 (B) An airport authority or airport development authority.23 (C) The Lake Michigan marina and shoreline development24 commission.25 (D) A regional bus authority. A loan, loan guarantee, grant, or26 other financial assistance under this clause may be used by a27 regional bus authority for acquiring, improving, operating,28 maintaining, financing, and supporting the following:29 (i) Bus services (including fixed route services and flexible30 or demand-responsive services) that are a component of a31 public transportation system.32 (ii) Bus terminals, stations, or facilities or other regional bus33 authority projects.34 (E) A regional transportation authority.35 (F) A member municipality that is eligible to make an36 appointment to the development board under37 IC 36-7.5-2-3(b)(2) and that has pledged admissions tax38 revenue for a bond anticipation note after March 31, 2014, and39 before June 30, 2015. However, a loan made to such a member40 municipality before June 30, 2016, under this clause must41 have a term of not more than ten (10) years, must require42 annual level debt service payments, and must have a market

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1 based interest rate. If a member municipality defaults on the2 repayment of a loan made under this clause, the development3 authority shall notify the treasurer of state of the default and4 the treasurer of state shall:5 (i) withhold from any funds held for distribution to the6 municipality under IC 4-33-12, or IC 4-33-13 an amount7 sufficient to cure the default; and8 (ii) pay that amount to the development authority.9 (7) Provide funding to assist a railroad that is providing commuter

10 transportation services in an eligible county or eligible11 municipality.12 (8) Provide funding to assist an airport authority located in an13 eligible county or eligible municipality in the construction,14 reconstruction, renovation, purchase, lease, acquisition, and15 equipping of an airport facility or airport project.16 (9) Provide funding to assist in the development of an intermodal17 facility to facilitate the interchange and movement of freight.18 (10) Provide funding to assist the Lake Michigan marina and19 shoreline development commission in carrying out the purposes20 of IC 36-7-13.5.21 (11) Provide funding for economic development projects in an22 eligible county or eligible municipality.23 (12) Hold, use, lease, rent, purchase, acquire, and dispose of by24 purchase, exchange, gift, bequest, grant, condemnation, lease, or25 sublease, on the terms and conditions determined by the26 development authority, any real or personal property located in an27 eligible county or eligible municipality.28 (13) After giving notice, enter upon any lots or lands for the29 purpose of surveying or examining them to determine the location30 of a project.31 (14) Make or enter into all contracts and agreements necessary or32 incidental to the performance of its duties and the execution of its33 powers under this article.34 (15) Sue, be sued, plead, and be impleaded.35 (16) Design, order, contract for, and construct, reconstruct, and36 renovate a project or improvements to a project.37 (17) Appoint an executive director and employ appraisers, real38 estate experts, engineers, architects, surveyors, attorneys,39 accountants, auditors, clerks, construction managers, and any40 consultants or employees that are necessary or desired by the41 development authority in exercising its powers or carrying out its42 duties under this article.

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1 (18) Accept loans, grants, and other forms of financial assistance2 from the federal government, the state government, a political3 subdivision, or any other public or private source.4 (19) Use the development authority's funds to match federal5 grants or make loans, loan guarantees, or grants to carry out the6 development authority's powers and duties under this article.7 (20) Provide funding for regional transportation infrastructure8 projects under IC 36-9-43.9 (21) Create any entity under IC 36-7.5-2-1.5 in furtherance of

10 any economic development project or any other purpose of11 the development authority, including the comprehensive12 strategic plan of the development authority.13 (21) (22) Except as prohibited by law, take any action necessary14 to carry out this article.15 (b) If the development authority is unable to agree with the owners,16 lessees, or occupants of any real property selected for the purposes of17 this article, the development authority may proceed under IC 32-24-118 to procure the condemnation of the property. The development19 authority may not institute a proceeding until it has adopted a20 resolution that:21 (1) describes the real property sought to be acquired and the22 purpose for which the real property is to be used;23 (2) declares that the public interest and necessity require the24 acquisition by the development authority of the property involved;25 and26 (3) sets out any other facts that the development authority27 considers necessary or pertinent.28 The resolution is conclusive evidence of the public necessity of the29 proposed acquisition.30 SECTION 13. IC 36-7.5-4.5-29, AS ADDED BY P.L.248-2017,31 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE32 JULY 1, 2020]: Sec. 29. All expenses incurred in carrying out this33 chapter are may be payable solely from revenue received under this34 chapter or from the proceeds of the financial instruments issued by the35 development authority payable from revenues received under this36 chapter, or any other fund the development authority finds37 appropriate. A liability or obligation may not be incurred by the38 development authority that is greater than the revenue to be received39 under this chapter.

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