§ 5-1.2-4-3 — Issuance of bonds or notes; failure to pay obligations

Indiana § 5-1.2-4-3

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 1.2: INDIANA FINANCE AUTHORITY
• Ch. 4: General Powers and Duties

Text

(a) The authority may issue bonds or notes and
invest or loan the proceeds of those bonds or notes to a participant for
the purposes of one (1) or more programs.
(b) If the authority loans money to or purchases debt securities of a
political subdivision, the authority may, by the resolution approving the
bonds or notes, provide that subsection (c) is applicable to the political
subdivision.
(c) Notwithstanding any other law or any other right in an
agreement with the authority, any state department or state agency,
including the treasurer of state, that is the custodian of money payable
to a political subdivision, other than money in payment for goods or
services provided by the political subdivision, at any time after written
notice from the public finance director that the political subdivision is
in default on the payment of principal or interest on the obligations
then held or owned by or arising from an agreement with the authority,
the state department or state agency shall:
(1) withhold payment of money from that political subdivision;
and
(2) pay over the money to the authority for the purpose of paying
principal of and interest on the bonds or notes of the authority.
However, the withholding of payment from the political subdivision
and payment to the authority under this section must not adversely
affect the validity of the obligation in default.
(d) Upon receiving notice from the authority that the political
subdivision has failed to pay when due the principal or interest on the
obligations of the political subdivision then held or owned by or arising
from an agreement with the authority, the fiscal officer (as defined in
IC 36-1-2-7) of the county, for any county in which the political
subdivision is wholly or partially located, shall do the following:
(1) Reduce the amount of any revenues or other money or
property that:
(A) is held, possessed, maintained, controlled, or otherwise in
the custody of the county or a department, an agency, or an
instrumentality of the county; and
(B) would otherwise be available for distribution to the political
subdivision under any other law;
by an amount equal to the amount of the political subdivision's
unpaid obligations.
(2) Pay the amount by which the revenues or other money or
property is reduced under subdivision (1) to the authority to pay
the principal of and interest on bonds or other obligations of the
authority.
(3) Notify the political subdivision that the revenues or other
money or property, which would otherwise be available for
distribution to the political subdivision, has been reduced by an
amount necessary to satisfy all or part of the political
subdivision's unpaid obligations to the authority.
(e) This subsection applies to securities of a political subdivision
acquired by the authority, or arising from an agreement with the
authority, that are covered by subsection (d). A reduction under
subsection (d) must be made as follows:
(1) First, from local income tax distributions under IC 6-3.6-9 that
would otherwise be distributed to the political subdivision under
the schedules in IC 6-3.6-9-12 and IC 6-3.6-9-16.
(2) Second, from any other revenues or other money or property
that:
(A) is held, possessed, maintained, or controlled by, or
otherwise in the custody of, the county or a department, an
agency, or an instrumentality of the county; and
(B) would otherwise be available for distribution to the political
subdivision under any other law.

Legislative History

As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.13.