Agreement will expand Indiana’s rural and agricultural broadband and wireless services and fund the state’s bicentennial projects

 Indianapolis – Governor Mike Pence announced today the state has agreed to terms to lease the state’s communications infrastructure, including its existing cell towers, and deliver more than $260 million in anticipated revenue to Indiana. The Indiana Finance Authority (IFA) board approved the agreement this morning, pending review by the state’s legislative budget committee. This agreement will result in expanded rural and agricultural broadband solutions and wireless services throughout Indiana and fund the state’s bicentennial projects.

“Indiana is a national leader in partnerships that deliver sound financial returns and long-term benefits to Hoosiers,” said Governor Pence. “This agreement, if approved, will put underused assets into full play, enhance Indiana’s communication capabilities throughout the state, and fund the state’s bicentennial projects.”

According to the terms of the agreement, Ohio-based Agile Networks will pay Indiana an initial upfront payment of $50 million to manage, operate and market the state’s communications infrastructure, and pay the state an additionally anticipated $36 million in revenue share over the initial, 25-year term of the deal. If Agile Networks opts to renew the agreement for an additional 25-year term, it will pay Indiana an additional up-front payment of $10 million, plus an additionally anticipated $164 million over the renewal term.

“This expansion will enhance broadband service as Agile Networks’ open access model will give wireless carriers and providers the ability to easily enter new urban and rural markets,” said Micah Vincent, Director of the Indiana Office of Management and Budget. “The impact of significantly increasing broadband availability in underserved areas will facilitate economic development, increase educational learning and telemedicine opportunities, increase growth for rural businesses, advance agricultural technologies, and provide reliable broadband for residents.”

“Hoosiers are the big winners in this agreement, which provides revenue for important projects and expands communications opportunities throughout the state,” said IFA Director Dan Huge. “This agreement provides great value to Hoosiers by taking advantage of our currently underutilized communications assets.”

An independent report by CTC Consulting lists The Agile Network as a key differentiator and competitive advantage for attracting businesses to rural communities.

Dave Stafford for www.theindianalawyer.com

The Indiana Supreme Court will decide whether the Indiana Department of Child Services may be sued for failing to maintain the confidentiality of a caller who reported suspected child neglect.

Justices last week granted transfer in John Doe #1, et al. v. Indiana Department of Child Services, 49S02-1609-CT-464. A divided Court of Appeals panel reversed summary judgment in favor of DCS on a civil tort alleging DCS was negligent in failing to protect the reporting source, which violated I.C. § 31-33-18-2.

Majority judges Robert Altice and James Kirsch held that in the specific circumstances of John Doe #1, the Does established that DCS owed a duty of care to them, and therefore could be the subject of a complaint alleging negligence. Chief Judge Nancy Vaidik dissented, writing that the Legislature did not intend to create a private right of action.

Justices took one other negligence case before the Labor Day weekend, granting transfer on the question of whether a woman in a karate class who held a training bag may sue a man whose kick injured her.

Tresa Megenity sued David V. Dunn after she was injured in a karate class. Megenity claimed she was expecting a front kick, but Dunn delivered a kick with a jump, the force of which caused injuries. Dunn won summary judgment at the trial court, but a majority of the Court of Appeals — writing Judge Edward Najam and Judge Melissa May reversed, holding this was an issue of material fact requiring reversal. Judge Patricia Riley dissented and would have affirmed, and would have decided the matter based on the broad scope of karate, rather than whether Dunn’s kick was outside the sport’s reasonable and appropriate conduct.

The case is Tresa Megenity v. David V. Dunn, 22S04-1609-CT-465.

Justices denied transfer petitions in 19 cases for the week ending Sept. 2. Transfer dispositions may be viewed here.

Plymouth  – Pretzels Inc., a pretzel and snack producer, announced plans today to expand its operations here, creating up to 65 new jobs by 2020.

“Here in Indiana, we have worked diligently to establish Indiana as the best place to do business by reducing regulations, cutting taxes and investing in our workforce,” said Governor Mike Pence. “Today’s news is evidence that Indiana is a state that works for companies like Pretzels Inc. as they continue to choose Indiana to grow their operations. As we enter into our third century, we will continue our economic momentum by equipping our job creators with the tools they need to succeed and creating a pro-growth business environment.”

The company, which is a pretzel and snack food private label provider, will invest approximately $15 million to purchase and equip a 45,000-square-foot facility at 2910 Commerce St. in Plymouth. The new plant, which will be the second Indiana location in addition to its Bluffton-based headquarters, will be responsible for the production of peanut butter and bulk pretzel products and will replace the company’s Pennsylvania-based manufacturing facility. Operations are expected to start at the beginning of 2017.

Pretzels Inc., which currently has 330 full-time employees at its headquarters in Bluffton, Indiana, plans to hire plant management and supervision, packagers, bakers, machine operators, quality control technicians and sanitation, maintenance and warehouse workers for its new center. Hiring will begin later this year.

“We are excited about the opportunity to build our new plant in Indiana and particularly the Plymouth area,” said Chip Mann and Steve Huggins, co-owners of Pretzels Inc., whose fathers started the business over 40 years ago. “We are lifelong Indiana residents and are pleased to continue the growth of our business in our home state.”

Founded in 1978, Pretzels Inc. is a family-owned business headquartered in Bluffton, Indiana. The company offers pretzels in over 50 shapes, 20 sizes and 900 varieties for both store brands, private labels and its own Harvest Road products. Its fastest growing product line is peanut butter filled pretzel nuggets, which will be produced at the new Plymouth-based facility.

The Indiana Economic Development Corporation offered Pretzels Inc. up to $350,000 in conditional tax credits based on the company’s job creation plans. These tax credits are performance-based, meaning until Hoosiers are hired, the company is not eligible to claim incentives. The city of Plymouth will consider additional incentives at the request of the Marshall County Economic Development Corporation.

“The City of Plymouth is proud to welcome Pretzels Inc. into our community,” said Plymouth Mayor Mark Senter. “Plymouth will see the benefits of job creation and a strengthened economy very soon thanks to a team of both state and local leaders who have come together to make this project a reality.”

The Hoosier state ranks first in the Midwest and fifth nationally for the cost of doing business and companies like Pretzels Inc. continue to choose Indiana to grow their operations. Today, one in five Hoosiers work in the manufacturing industry and more than 8,500 industry establishments are located across the state.

Indianapolis – Today, First Lady Karen Pence, Indiana’s Bicentennial Ambassador, joined Indianapolis Colts Mascot Blue to visit Riley Hospital for Children at Indiana University (IU) Health to read Blue’s new children’s book to patients. The book, entitled “Blue’s Road Trip through Indiana” takes children on a journey from A to Z around Indiana. Given its strong ties to the state, “Blue’s Road Trip through Indiana” has been endorsed as an official Legacy Project of the Indiana bicentennial by the Indiana Bicentennial Commission. This visit is part of a series of book readings that Blue and First Lady Karen Pence are doing together to celebrate the bicentennial.

“Watching the smiles and joy on the faces of the children this afternoon with Colts Mascot Blue at Riley Hospital for Children has been a heartwarming experience,” said First Lady Karen Pence. “It is so great to bring together two of my passions, the Indianapolis Colts and Riley Hospital.”

Photos from today’s visit to Riley Hospital for Children can be found below.