CHAPTER 17. SMALL BUSINESS DEVELOPMENT
IC 5-28-17
Chapter 17. Small Business Development
IC 5-28-17-1
Powers and duties of corporation
Sec. 1. (a) The corporation shall do the following to carry out this
chapter:
(1) Contribute to the strengthening of the economy of Indiana
by encouraging the organization and development of new
business enterprises, including technologically oriented
enterprises.
(2) Submit an annual report to the governor and to the general
assembly not later than November 1 of each year. The annual
report must:
(A) include detailed information on the structure, operation,
and financial status of the corporation, including:
(i) detailed information on the corporation's efforts to
support the development of small businesses under this
chapter; and
(ii) an evaluation of the results of the corporation's efforts
to encourage the development of small businesses under
this chapter; and
(B) be in an electronic format under IC 5-14-6.
The board shall conduct an annual public hearing to receive
comment from interested parties regarding the annual report,
and notice of the hearing shall be given at least fourteen (14)
days before the hearing in accordance with IC 5-14-1.5-5(b).
(3) Approve and administer loans from the microenterprise
partnership program fund established by IC 5-28-18.
(4) Conduct activities for nontraditional entrepreneurs under
IC 5-28-18.
(5) Establish and administer the small and minority business
financial assistance program under IC 5-28-20.
(6) Establish and administer the microenterprise partnership
program under IC 5-28-19.
(7) Assist small businesses in obtaining state and federal tax
incentives.
(8) Maintain, through the Small Business Development Centers,
a statewide network of public, private, and educational
resources to, among other things, inform small businesses of the
state and federal programs under which they may obtain
financial assistance or realize reduced costs through programs
such as the small employer health insurance pooling program
under IC 27-8-5-16(8).
(b) The corporation may do the following to carry out this
chapter:
(1) Receive money from any source, enter into contracts, and
expend money for any activities appropriate to its purpose.
(2) Do all other things necessary or incidental to carrying out
the corporation's functions under this chapter.
(3) Establish programs to identify entrepreneurs with
marketable ideas and to support the organization and
development of new business enterprises, including
technologically oriented enterprises.
(4) Conduct conferences and seminars to provide entrepreneurs
with access to individuals and organizations with specialized
expertise.
(5) Establish a statewide network of public, private, and
educational resources to assist the organization and
development of new enterprises.
(6) Operate a small business assistance center to provide small
businesses, including minority owned businesses and businesses
owned by women, with access to managerial and technical
expertise and to provide assistance in resolving problems
encountered by small businesses.
(7) Cooperate with public and private entities, including the
Indiana Small Business Development Center Network and the
federal government marketing program, in exercising the
powers listed in this subsection.
(8) Establish and administer the small and minority business
financial assistance program under IC 5-28-20.
(9) Approve and administer loans from the microenterprise
partnership program fund established by IC 5-28-18.
(10) Coordinate state funded programs that assist the
organization and development of new enterprises.
As added by P.L.4-2005, SEC.34. Amended by P.L.56-2009, SEC.3.
IC 5-28-17-2
Debts of small business development corporation
Sec. 2. Debts incurred by the small business development
corporation under authority of IC 4-3-12 (before its repeal) do not
represent or constitute a debt of the state within the meaning of the
Constitution of the State of Indiana or Indiana statutes. The
corporation may not incur debt under this chapter. However, the
corporation shall assume the debt of the small business development
corporation that is outstanding on the date the small business
development corporation is abolished.
As added by P.L.4-2005, SEC.34.
IC 5-28-17-3
Access to small business division
Sec. 3. The corporation's small business division described in
IC 5-28-5-6.5 shall provide free access to the office's services
through:
(1) a toll free telephone number; and
(2) an Internet web page maintained on the corporation's web
site.
As added by P.L.56-2009, SEC.4.
IC 5-28-17-4
Application of chapter
Sec. 4. This chapter may not be construed to limit the
corporation's ability to carry out its responsibilities under this chapter
with respect to a business that:
(1) the corporation considers to be a small business; and
(2) does not meet the definition of a small business set forth in
IC 5-28-2-6.
As added by P.L.56-2009, SEC.5.
IC 5-28-17-5
Small business ombudsman; designation; duties
Sec. 5. The board shall designate an employee in the small
business division to be the small business ombudsman. The small
business ombudsman serves at the pleasure of the board. The
corporation shall provide staff support to the small business
ombudsman. The small business ombudsman shall carry out the
following duties:
(1) Work with state agencies to permit increased enforcement
flexibility and the ability to grant common sense exemptions for
first time offenders of state rules and policies, including,
notwithstanding any other law, policies for the compromise of
interest and penalties related to a listed tax (as defined in
IC 6-8.1-1-1) and other taxes and fees collected or administered
by a state agency.
(2) Work with state agencies to seek ways to consolidate forms
and eliminate the duplication of paperwork, harmonize data,
and coordinate due dates.
(3) Coordinate with OMB (as defined in IC 4-3-22-3) to
perform cost benefit analyses.
(4) Work with state agencies to monitor any outdated,
ineffective, or overly burdensome information requests from
state agencies to small businesses.
(5) Carry out the duties specified under IC 4-22-2-28 and
IC 4-22-2.1 to review proposed rules and participate in
rulemaking actions that affect small businesses.
(6) Coordinate with the ombudsmen designated under
IC 13-28-3-2 and the office of voluntary compliance established
by IC 13-28-1-1 to coordinate the provision of services required
under IC 4-22-2-28.1 and IC 13-28-3.
(7) Prepare written and electronic information for periodic
distribution to small businesses describing the small business
services provided by coordinators (as defined in IC 4-3-22-16)
and work with the office of technology established by
IC 4-13.1-2-1 to place information concerning the availability
of these services on state Internet web sites that the small
business ombudsman or a state agency determines are most
likely to be visited by small business owners and managers.
(8) Assist in training agency coordinators that will be assigned
to rules under IC 4-22-2-28.1(e).
(9) Investigate and attempt to resolve any matter regarding
compliance by a small business with a law, rule, or policy
administered by a state agency, either as a party to a proceeding
or as a mediator.
State agencies shall cooperate with the small business ombudsman
to carry out the purpose of this section. The department of state
revenue and the department of workforce development shall establish
a program to distribute the information described in subdivision (7)
to small businesses that are required to file returns or information
with these state agencies.
As added by P.L.110-2010, SEC.11.