Section 36-7-15.1-3.5 - Redevelopment commission in consolidated city; controller disbursements before approval; accounting for redevelopment commission funds; short term borrowing by unit(a) The controller of the consolidated city is the fiscal officer of a commission subject to this chapter.(b) The controller may obtain financial services on a contractual basis for purposes of carrying out the powers and duties of the commission and protecting the public interests related to the operations and funding of the commission. Subject to subsection (c), the controller has charge over and is responsible for the administration, investment, and disbursement of all funds and accounts of the commission in accordance with the requirements of state law that apply to other funds and accounts administered by the controller.(c) The controller may disburse funds of the commission only after the commission allows and approves the disbursement. However, the commission may, by rule or resolution, authorize the controller to make certain types of disbursements before the commission's allowance and approval at its next regular meeting.(d) The following apply to funds of the redevelopment commission:(1) The funds must be accounted for separately by the unit establishing the redevelopment commission and the daily balance of the funds must be maintained in a separate ledger statement.(2) Except as provided in subsection (e), all funds designated as redevelopment commission funds must be accessible to the redevelopment commission at any time.(3) The amount of the daily balance of redevelopment commission funds shall be not below zero (0) at any time.(4) The funds may not be maintained or used in a manner that is intended to avoid the waiver procedures and requirements for a unit and the redevelopment commission under subsection (e).(e) If the fiscal body of the unit determines that it is necessary to engage in short-term borrowing until the next tax collection period, the fiscal body of the unit may request approval from the redevelopment commission to waive the requirement in subsection (d)(2). In order to waive the requirement under subsection (d)(2), the fiscal body of the unit and the redevelopment commission must adopt similar resolutions that set forth:(1) the amount of the funds designated as redevelopment commission funds that are no longer accessible to the redevelopment commission under the waiver; and(2) an expiration date for the waiver. If a loan is made to a unit from funds designated as redevelopment funds, the loan must be repaid by the unit and the funds made accessible to the redevelopment commission not later than the end of the calendar year in which the funds are received by the unit.
(f) Subsections (d) and (e) do not restrict transfers or uses by a redevelopment commission made to meet commitments under a written agreement of the redevelopment commission that was entered into before January 1, 2016, if the written agreement complied with the requirements existing under the law at the time the redevelopment commission entered into the written agreement.Amended by P.L. 85-2017,SEC. 123, eff. 4/20/2017.Amended by P.L. 204-2016, SEC. 34, eff. 1/1/2017.Amended by P.L. 87-2015, SEC. 7, eff. 1/1/2016.Amended by P.L. 5-2015, SEC. 68, eff. 4/15/2015.Added by P.L. 149-2014, SEC. 31, eff. 7/1/2014.