Ind. Code § 5-2-1-9 — Indiana Code / Title 5 / Article 2 / Chapter 1 / Section 5-2-1-9
Rules; basic training; pre-basic training; inservice training; town marshal and executive training programs; fire investigators; handgun safety; refresher course; gaming agents; securities enforcement
Status: in_force

Note: This version of section amended by P.L.94-2026, SEC.4. See also following version of this section amended by P.L.145-2026, SEC.16.

Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all necessary rules to carry out the provisions of this chapter. The rules, which shall be adopted only after necessary and proper investigation and inquiry by the board, shall include the establishment of the following:

(1) A consistent and uniform statewide deadly force policy and training program, that is consistent with state and federal law. Upon adoption by the law enforcement training board, the policy and training program must be implemented, without modification, by all Indiana law enforcement agencies, offices, or departments.

(2) A consistent and uniform statewide defensive tactics policy and training program, that is consistent with state and federal law. Upon adoption by the law enforcement training board, the policy and training program must be implemented, without modification, by all Indiana law enforcement agencies, offices, or departments.

(3) A uniform statewide minimum standard for vehicle pursuits consistent with state and federal law.

(4) Minimum standards of physical, educational, mental, and moral fitness which shall govern the acceptance of any person for training by any law enforcement training school or academy meeting or exceeding the minimum standards established pursuant to this chapter.

(5) Minimum standards for law enforcement training schools administered by towns, cities, counties, law enforcement training centers, agencies, or departments of the state.

(6) Minimum standards for courses of study, attendance requirements, equipment, and facilities for approved town, city, county, and state law enforcement officer, police reserve officer, and conservation reserve officer training schools.

(7) Minimum standards for a course of study on cultural diversity awareness, including training on the U nonimmigrant visa created through the federal Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386) that must be required for each person accepted for training at a law enforcement training school or academy. Cultural diversity awareness study must include an understanding of cultural issues related to race, religion, gender, age, domestic violence, national origin, and physical and mental disabilities.

(8) Minimum qualifications for instructors at approved law enforcement training schools.

(9) Minimum basic training requirements which law enforcement officers appointed to probationary terms shall complete before being eligible for continued or permanent employment.

(10) Minimum basic training requirements which law enforcement officers appointed on other than a permanent basis shall complete in order to be eligible for continued employment or permanent appointment.

(11) Minimum basic training requirements which law enforcement officers appointed on a permanent basis shall complete in order to be eligible for continued employment.

(12) Minimum basic training requirements for each person accepted for training at a law enforcement training school or academy that include six (6) hours of training in interacting with:

(A) persons with autism, mental illness, addictive disorders, intellectual disabilities, and developmental disabilities;

(B) missing endangered adults (as defined in IC 12-7-2-131.3); and

(C) persons with Alzheimer's disease or related senile dementia;

to be provided by persons approved by the secretary of family and social services and the board. The training must include an overview of the crisis intervention teams.

(13) Minimum standards for a course of study on human and sexual trafficking that must be required for each person accepted for training at a law enforcement training school or academy and for inservice training programs for law enforcement officers. The course must cover the following topics:

(A) Examination of the human and sexual trafficking laws (IC 35-42-3.5).

(B) Identification of human and sexual trafficking.

(C) Communicating with traumatized persons.

(D) Therapeutically appropriate investigative techniques.

(E) Collaboration with federal law enforcement officials.

(F) Rights of and protections afforded to victims.

(G) Providing documentation that satisfies the Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (Form I-914, Supplement B) requirements established under federal law.

(H) The availability of community resources to assist human and sexual trafficking victims.

(14) Minimum standards for ongoing specialized, intensive, and integrative training for persons responsible for investigating sexual assault cases involving adult victims. This training must include instruction on:

(A) the neurobiology of trauma;

(B) trauma informed interviewing; and

(C) investigative techniques.

(15) Minimum standards for de-escalation training. De-escalation training shall be taught as a part of existing use-of-force training and not as a separate topic.

(16) Minimum standards regarding best practices for crowd control, protests, and First Amendment activities.

(17) Minimum standards for basic training and inservice training programs, which may be completed online or by other means of virtual instruction, that occur after December 31, 2024, and that address the mental health and wellness of law enforcement officers including:

(A) healthy coping skills to preserve the mental health of law enforcement officers and manage the stress and trauma of policing;

(B) recognizing:

(i) symptoms of posttraumatic stress disorder; and

(ii) signs of suicidal behavior; and

(C) information on mental health resources available for law enforcement officers.

All statewide policies and minimum standards shall be documented in writing and published on the Indiana law enforcement academy (ILEA) website. Any policy, standard, or training program implemented, adopted, or promulgated by a vote of the board may only subsequently be modified or rescinded by a two-thirds (2/3) majority vote of the board.

(b) A law enforcement officer appointed after July 5, 1972, and before July 1, 1993, may not enforce the laws or ordinances of the state or any political subdivision unless the officer has, within one (1) year from the date of appointment, successfully completed the minimum basic training requirements established under this chapter by the board. If a person fails to successfully complete the basic training requirements within one (1) year from the date of employment, the officer may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until the officer has successfully completed the training requirements. This subsection does not apply to any law enforcement officer appointed before July 6, 1972, or after June 30, 1993.

(c) Military leave or other authorized leave of absence from law enforcement duty during the first year of employment after July 6, 1972, shall toll the running of the first year, which shall be calculated by the aggregate of the time before and after the leave, for the purposes of this chapter.

(d) Except as provided in subsections (e), (m), (t), and (u), a law enforcement officer appointed to a law enforcement department or agency after June 30, 1993, may not:

(1) make an arrest;

(2) conduct a search or a seizure of a person or property; or

(3) carry a firearm;

unless the law enforcement officer successfully completes, within one (1) year from the date of original appointment, at a board certified law enforcement academy or at a law enforcement training center under section 10.5 or 15.2 of this chapter, the basic training requirements established by the board under this chapter. The board may waive some or all of the basic training requirements for an out-of-state officer who has a minimum of ten (10) years of paid full-time law enforcement experience with a state, county, city, or similar municipal law enforcement agency, after receiving a basic law enforcement training certificate achieved at a state-approved law enforcement academy, and who has not been out of law enforcement for more than six (6) years. Further, the board may waive the basic training requirements for an out-of-state law enforcement officer who has a minimum of one (1) year of paid full-time law enforcement experience with an out-of-state law enforcement agency after achieving a basic law enforcement training certificate from a state-approved law enforcement academy meeting or exceeding the basic training requirements established by the board under this chapter. Waiver applicants must be in good standing with all previous law enforcement employers.

(e) This subsection does not apply to:

(1) a gaming agent employed as a law enforcement officer by the Indiana gaming commission; or

(2) an:

(A) attorney; or

(B) investigator;

designated by the securities commissioner as a police officer of the state under IC 23-19-6-1(k).

Before a law enforcement officer appointed after June 30, 1993, completes the basic training requirements, the law enforcement officer may exercise the police powers described in subsection (d) if the officer successfully completes the pre-basic course established in subsection (f). Successful completion of the pre-basic course authorizes a law enforcement officer to exercise the police powers described in subsection (d) for one (1) year after the date the law enforcement officer is appointed.

(f) The board shall adopt rules under IC 4-22-2 to establish a pre-basic course for the purpose of training:

(1) law enforcement officers;

(2) police reserve officers (as described in IC 36-8-3-20); and

(3) conservation reserve officers (as described in IC 14-9-8-27);

regarding the subjects of arrest, search and seizure, the lawful use of force, de-escalation training, interacting with individuals with autism, and the operation of an emergency vehicle. The pre-basic course must be offered on a periodic basis throughout the year at regional sites statewide. The pre-basic course must consist of at least forty (40) hours of course work. The board may prepare the classroom part of the pre-basic course using available technology in conjunction with live instruction. The board shall provide the course material, the instructors, and the facilities at the regional sites throughout the state that are used for the pre-basic course. In addition, the board may certify pre-basic courses that may be conducted by other public or private training entities, including postsecondary educational institutions.

(g) Subject to subsection (h), the board shall adopt rules under IC 4-22-2 to establish a mandatory inservice training program for police officers and police reserve officers (as described in IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has satisfactorily completed basic training and has been appointed to a law enforcement department or agency on either a full-time or part-time basis is not eligible for continued employment unless the officer satisfactorily completes the mandatory inservice training requirements established by rules adopted by the board. Inservice training must include de-escalation training. Inservice training must also include:

(1) training:

(A) in interacting with persons with mental illness, addictive disorders, intellectual disabilities, autism, developmental disabilities, and Alzheimer's disease or related senile dementia; and

(B) provided by persons approved by the secretary of family and social services and the board;

(2) after December 31, 2024, annual training, which may be completed online or by other means of virtual instruction, that addresses the mental health and wellness of law enforcement officers including:

(A) healthy coping skills to preserve the mental health of law enforcement officers and manage the stress and trauma of policing;

(B) recognizing:

(i) symptoms of posttraumatic stress disorder; and

(ii) signs of suicidal behavior; and

(C) information on mental health resources available for law enforcement officers; and

(3) training concerning:

(A) human and sexual trafficking; and

(B) high risk missing persons (as defined in IC 5-2-17-1).

The board may approve courses offered by other public or private training entities, including postsecondary educational institutions, as necessary in order to ensure the availability of an adequate number of inservice training programs. The board may waive an officer's inservice training requirements if the board determines that the officer's reason for lacking the required amount of inservice training hours is due to either an emergency situation or the unavailability of courses.

(h) This subsection applies only to a mandatory inservice training program under subsection (g). Notwithstanding subsection (g), the board may, without adopting rules under IC 4-22-2, modify the course work of a training subject matter, modify the number of hours of training required within a particular subject matter, or add a new subject matter, if the board satisfies the following requirements:

(1) The board must conduct at least two (2) public meetings on the proposed modification or addition.

(2) After approving the modification or addition at a public meeting, the board must post notice of the modification or addition on the Indiana law enforcement academy's website at least thirty (30) days before the modification or addition takes effect.

If the board does not satisfy the requirements of this subsection, the modification or addition is void. This subsection does not authorize the board to eliminate any inservice training subject matter required under subsection (g).

(i) The board shall also adopt rules establishing a town marshal and conservancy district marshal basic training program, subject to the following:

(1) The program must require fewer hours of instruction and class attendance and fewer courses of study than are required for the mandated basic training program.

(2) Certain parts of the course materials may be studied by a candidate at the candidate's home in order to fulfill requirements of the program.

(3) Law enforcement officers successfully completing the requirements of the program are eligible for appointment only in towns employing the town marshal system (IC 36-5-7) or a conservancy district that employs a conservancy district marshal under IC 14-33-25 and having not more than one (1) marshal and six (6) deputies.

(4) The limitation imposed by subdivision (3) does not apply to an officer who has successfully completed the mandated basic training program.

(5) The time limitations imposed by subsections (b) and (c) for completing the training are also applicable to the marshal basic training program.

(6) The program must require training in interacting with individuals with autism.

(j) The board shall adopt rules under IC 4-22-2 to establish an executive training program. The executive training program must include training in the following areas:

(1) Liability.

(2) Media relations.

(3) Accounting and administration.

(4) Discipline.

(5) Department policy making.

(6) Lawful use of force and de-escalation training.

(7) Department programs.

(8) Emergency vehicle operation.

(9) Cultural diversity.

(10) After December 31, 2024, mental health and wellness and suicide prevention of law enforcement officers. The training requirement under this subdivision may be provided as part of an online course or by other means of virtual instruction.

(k) A police chief shall apply for admission to the executive training program within two (2) months of the date the police chief initially takes office. A police chief must successfully complete the executive training program within six (6) months of the date the police chief initially takes office. However, if space in the executive training program is not available at a time that will allow completion of the executive training program within six (6) months of the date the police chief initially takes office, the police chief must successfully complete the next available executive training program that is offered after the police chief initially takes office.

(l) A police chief who fails to comply with subsection (k) may not continue to serve as the police chief until completion of the executive training program. For the purposes of this subsection and subsection (k), "police chief" refers to:

(1) the police chief of any city;

(2) the police chief of any town having a metropolitan police department; and

(3) the chief of a consolidated law enforcement department established under IC 36-3-1-5.1.

A town marshal or a conservancy district marshal is not considered to be a police chief for these purposes, but a town marshal or a conservancy district marshal may enroll in the executive training program.

(m) A fire investigator in the department of homeland security appointed after December 31, 1993, is required to comply with the basic training standards established under this chapter.

(n) The board shall adopt rules under IC 4-22-2 to establish a program to certify handgun safety courses, including courses offered in the private sector, that meet standards approved by the board for training probation officers in handgun safety as required by IC 11-13-1-3.5(2).

(o) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an officer who:

(1) is hired by an Indiana law enforcement department or agency as a law enforcement officer;

(2) has not been employed as a law enforcement officer for:

(A) at least two (2) years; and

(B) less than six (6) years before the officer is hired under subdivision (1); and

(3) completed at any time a basic training course certified or recognized by the board before the officer is hired under subdivision (1).

(p) An officer to whom subsection (o) applies must successfully complete the refresher course described in subsection (o) not later than six (6) months after the officer's date of hire, or the officer loses the officer's powers of:

(1) arrest;

(2) search; and

(3) seizure.

(q) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an officer who:

(1) is appointed by an Indiana law enforcement department or agency as a reserve police officer; and

(2) has not worked as a reserve police officer for at least two (2) years after:

(A) completing the pre-basic course; or

(B) leaving the individual's last appointment as a reserve police officer.

An officer to whom this subsection applies must successfully complete the refresher course established by the board in order to work as a reserve police officer.

(r) This subsection applies to an individual who, at the time the individual completes a board certified or recognized basic training course, has not been appointed as a law enforcement officer by an Indiana law enforcement department or agency. If the individual is not employed as a law enforcement officer for at least two (2) years after completing the basic training course, the individual must successfully retake and complete the basic training course as set forth in subsection (d).

(s) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an individual who:

(1) is appointed as a board certified instructor of law enforcement training; and

(2) has not provided law enforcement training instruction for more than one (1) year after the date the individual's instructor certification expired.

An individual to whom this subsection applies must successfully complete the refresher course established by the board in order to renew the individual's instructor certification.

(t) This subsection applies only to a gaming agent employed as a law enforcement officer by the Indiana gaming commission. A gaming agent appointed after June 30, 2005, may exercise the police powers described in subsection (d) if:

(1) the agent successfully completes the pre-basic course established in subsection (f); and

(2) the agent successfully completes any other training courses established by the Indiana gaming commission in conjunction with the board.

(u) This subsection applies only to a securities enforcement officer designated as a law enforcement officer by the securities commissioner. A securities enforcement officer may exercise the police powers described in subsection (d) if:

(1) the securities enforcement officer successfully completes the pre-basic course established in subsection (f); and

(2) the securities enforcement officer successfully completes any other training courses established by the securities commissioner in conjunction with the board.

(v) This subsection applies only to a correctional police officer employed by the department of correction. A correctional police officer may exercise the police powers described in subsection (d) if:

(1) the officer successfully completes the pre-basic course described in subsection (f); and

(2) the officer successfully completes any other training courses established by the department of correction in conjunction with the board.

(w) This subsection applies only to the sexual assault training described in subsection (a)(14). The board shall:

(1) consult with experts on the neurobiology of trauma, trauma informed interviewing, and investigative techniques in developing the sexual assault training; and

(2) develop the sexual assault training and begin offering the training not later than July 1, 2022.

(x) After July 1, 2023, a law enforcement officer who regularly investigates sexual assaults involving adult victims must complete the training requirements described in subsection (a)(14) within one (1) year of being assigned to regularly investigate sexual assaults involving adult victims.

(y) A law enforcement officer who regularly investigates sexual assaults involving adult victims may complete the training requirements described in subsection (a)(14) by attending a:

(1) statewide or national training; or

(2) department hosted local training.

(z) Notwithstanding any other provisions of this section, the board is authorized to establish certain required standards of training and procedure.

Formerly: Acts 1967, c.209, s.9. As amended by Acts 1982, P.L.31, SEC.1; P.L.48-1987, SEC.1; P.L.30-1992, SEC.2; P.L.58-1995, SEC.1; P.L.57-1995, SEC.2; P.L.2-1997, SEC.16; P.L.78-1998, SEC.1; P.L.25-2000, SEC.1; P.L.45-2001, SEC.1; P.L.62-2004, SEC.1; P.L.85-2004, SEC.40; P.L.2-2005, SEC.12; P.L.170-2005, SEC.8; P.L.227-2005, SEC.2; P.L.52-2005, SEC.6; P.L.1-2006, SEC.88; P.L.173-2006, SEC.44; P.L.2-2007, SEC.72; P.L.230-2007, SEC.4; P.L.128-2008, SEC.1; P.L.1-2009, SEC.14; P.L.43-2009, SEC.1; P.L.77-2009, SEC.2; P.L.93-2009, SEC.1; P.L.1-2010, SEC.11; P.L.138-2013, SEC.1; P.L.205-2013, SEC.73; P.L.164-2014, SEC.1; P.L.100-2015, SEC.1; P.L.115-2015, SEC.2; P.L.117-2015, SEC.2; P.L.4-2017, SEC.1; P.L.86-2018, SEC.11; P.L.8-2021, SEC.1; P.L.12-2021, SEC.2; P.L.174-2021, SEC.2; P.L.187-2021, SEC.5; P.L.21-2022, SEC.4; P.L.175-2022, SEC.1; P.L.178-2022(ts), SEC.3; P.L.11-2023, SEC.17; P.L.122-2023, SEC.1; P.L.139-2023, SEC.1; P.L.170-2023, SEC.11; P.L.94-2026, SEC.4.
Ind. Code § 5-3-5-4 — Indiana Code / Title 5 / Article 3 / Chapter 5 / Section 5-3-5-4-b
Publication of notice on an official website
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 4. (a) A political subdivision that is required by statute to publish notice in a newspaper two (2) or more times may make:

(1) the first publication of a notice in a newspaper or newspapers as required under IC 5-3-1-1.5 or the applicable statute; and

(2) if the political subdivision maintains an official website, all subsequent publications of the notice only on the official website of the political subdivision.

(b) If a political subdivision is required to publish a notice two (2) or more times in at least two (2) newspapers more or less contemporaneously, the first publication of the notice includes the first publication of the notice in both newspapers.

As added by P.L.152-2021, SEC.2. Amended by P.L.1-2025, SEC.43; P.L.157-2026, SEC.27.
Ind. Code § 5-10.3-5-3.5 — Indiana Code / Title 5 / Article 10.3 / Chapter 5 / Section 5-10.3-5-3.5
Self-directed brokerage account offering cryptocurrency investment option within the annuity savings accounts
Status: in_force

Sec. 3.5. (a) Not later than July 1, 2027, the board shall offer, as a regular investment program within the annuity savings accounts described in IC 5-10.2-2-2(a), a self directed brokerage account that offers at least one (1) cryptocurrency investment option.

(b) The board may adopt requirements and rules that apply to a cryptocurrency investment option under a self directed brokerage account offered under subsection (a), including the following:

(1) The board's investment guidelines and limits for the cryptocurrency investment option.

(2) A member's selection of and changes to the member's investment options.

(3) The valuation of a member's account.

(4) The allocation and payment of administrative expenses for the cryptocurrency investment option.

(c) The board shall determine the appropriate administrative fees to be charged to the member accounts.

As added by P.L.49-2026, SEC.6.
Ind. Code § 5-28-6-1 — Indiana Code / Title 5 / Article 28 / Chapter 6 / Section 5-28-6-1
Duties of the corporation
Status: in_force

Sec. 1. The corporation shall do the following:

(1) Create and regularly update a strategic economic development plan that includes the following:

(A) Identification of specific economic regions within Indiana and methods by which the corporation will implement more regional collaboration between the corporation and the various local economic development organizations within these regions.

(B) Methods by which the corporation will implement more collaboration between the corporation and the various state economic development organizations within the states contiguous to Indiana.

(2) Establish strategic benchmarks and performance measures.

(3) Monitor and report on Indiana's economic performance.

(4) Market Indiana to businesses worldwide.

(5) Assist Indiana businesses that want to grow.

(6) Solicit funding from the private sector for selected initiatives.

(7) Provide for the orderly economic development and growth of Indiana.

(8) Establish and coordinate the operation of programs commonly available to all citizens of Indiana to implement a strategic plan for the state's economic development and enhance the general welfare.

(9) Evaluate and analyze the state's economy to determine the direction of future public and private actions, and report and make recommendations to the general assembly in an electronic format under IC 5-14-6 with respect to the state's economy. The report prepared under this subdivision must include recommendations for strategies and plans for collaboration by the corporation with:

(A) local economic development organizations within geographic regions in Indiana; and

(B) the various state economic development organizations within the states contiguous to Indiana.

(10) Assemble and provide information to the commission for higher education and the department of workforce development concerning the economic benefits of residing and working in Indiana as required under IC 21-18-15-4(b).

As added by P.L.4-2005, SEC.34. Amended by P.L.114-2011, SEC.3; P.L.172-2011, SEC.23; P.L.6-2012, SEC.37; P.L.53-2014, SEC.69; P.L.121-2016, SEC.14; P.L.143-2019, SEC.9.
Ind. Code § 5-17-1-8.1 — Indiana Code / Title 5 / Article 17 / Chapter 1 / Section 5-17-1-8.1
Chapter to be supplemental to all laws; limitations
Status: in_force

Sec. 8.1. (a) This chapter is supplemental to all laws concerning the purchase of material, equipment, goods, and supplies and the lease of equipment by the state. However, this chapter does not preclude the extension beyond the contractual time period of contracts let pursuant to the provision of this chapter as an alternative to advertising for new bids.

(b) This chapter does not apply to:

(1) purchases or leases made by the Indiana department of transportation;

(2) purchases made under IC 5-22;

(3) state educational institutions;

(4) the legislative department of state government; or

(5) the judicial department of state government;

except that copies of purchase orders or leases shall be kept on file and be open to public inspection.

As added by Acts 1981, P.L.57, SEC.17. Amended by P.L.53-1986, SEC.3; P.L.18-1990, SEC.16; P.L.49-1997, SEC.31; P.L.2-2007, SEC.105.
Ind. Code § 5-11-5.5-18 — Indiana Code / Title 5 / Article 11 / Chapter 5.5 / Section 5-11-5.5-18
Application of Indiana Rules of Trial Procedure
Status: in_force

Sec. 18. Proceedings under this chapter are governed by the Indiana Rules of Trial Procedure, unless the Indiana Rules of Trial Procedure are inconsistent with this chapter.

As added by P.L.222-2005, SEC.23.
Ind. Code § 5-10.1-1-3 — Indiana Code / Title 5 / Article 10.1 / Chapter 1 / Section 5-10.1-1-3
"Employer contribution" and "matching contribution"
Status: in_force

Sec. 3. "Employer contribution" and "matching contribution", as used in this article, means the tax imposed by section 3111 of the Internal Revenue Code.

As added by Acts 1977, P.L.53, SEC.1. Amended by P.L.2-1987, SEC.11.
Ind. Code § 5-23-4.5-4 — Indiana Code / Title 5 / Article 23 / Chapter 4.5 / Section 5-23-4.5-4
Action not required
Status: in_force

Sec. 4. A governmental body is not required to take any action after receiving a response to a request for information.

As added by P.L.217-2017, SEC.61.
Ind. Code § 5-22-15-20.9 — Indiana Code / Title 5 / Article 22 / Chapter 15 / Section 5-22-15-20.9
Price preferences for local Indiana businesses
Status: in_force

Sec. 20.9. (a) This section applies only to a contract awarded by a political subdivision if the political subdivision provides in the solicitation that this section applies to the purchase.

(b) As used in this section, "affected county" refers to an Indiana county:

(1) in which the political subdivision awarding a contract under this article is located; or

(2) that is adjacent to the county described in subdivision (1).

(c) As used in this section, "local Indiana business" refers to any of the following:

(1) A business whose principal place of business is located in an affected county.

(2) A business that pays a majority of its payroll (in dollar volume) to residents of affected counties.

(3) A business that employs residents of affected counties as a majority of its employees.

(4) A business that makes significant capital investments in the affected counties as defined in rules adopted by the political subdivision.

(5) A business that has a substantial positive economic impact on the affected counties as defined by criteria in rules adopted by the political subdivision.

(d) There are the following price preferences for supplies purchased from a local Indiana business:

(1) Five percent (5%) for a purchase expected by the purchasing agency to be less than fifty thousand dollars ($50,000).

(2) Three percent (3%) for a purchase expected by the purchasing agency to be at least fifty thousand dollars ($50,000) but less than one hundred thousand dollars ($100,000).

(3) One percent (1%) for a purchase expected by the purchasing agency to be at least one hundred thousand dollars ($100,000).

(e) Notwithstanding subsection (d), a purchasing agency may award a contract to the lowest responsive and responsible offeror, regardless of the preference provided in this section, if the lowest responsive and responsible offeror is a local Indiana business.

(f) A business that wants to claim a preference provided under this section must do all the following:

(1) State in the business's bid that the business claims the preference provided by this section.

(2) Provide the following information to the purchasing agency:

(A) The location of the business's principal place of business. If the business claims the preference as a local Indiana business described in subsection (c)(1), a statement explaining the reasons the business considers the location named as the business's principal place of business.

(B) The amount of the business's total payroll and the amount of the business's payroll paid to residents of affected counties.

(C) The number of the business's employees and the number of the business's employees who are residents of affected counties.

(D) If the business claims the preference as a local Indiana business described in subsection (c)(4), a description of the capital investments made in the affected counties and a statement of the amount of those capital investments.

(E) If the business claims the preference as a local Indiana business described in subsection (c)(5), a description of the substantial positive economic impact the business has on the affected counties.

As added by P.L.172-2011, SEC.22. Amended by P.L.17-2012, SEC.1; P.L.67-2012, SEC.1.
Ind. Code § 5-2-6.7-5.5 — Indiana Code / Title 5 / Article 2 / Chapter 6.7 / Section 5-2-6.7-5.5
Expenses; 5% designated to statewide nonprofit domestic violence coalition
Status: in_force

Sec. 5.5. The expenses of administering the fund shall be paid from money in the fund. The division shall designate five percent (5%) of the appropriations made each year to the statewide nonprofit domestic violence coalition as designated by the United States Department of Health and Human Services under 42 U.S.C. 43 et seq. for administration.

As added by P.L.219-2023, SEC.3.
Ind. Code § 5-3-1-2 — Indiana Code / Title 5 / Article 3 / Chapter 1 / Section 5-3-1-2
Public hearings or meetings, elections, and other events; requirements for publication of notice; posting instead of publication; failure or refusal to publish
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 2. (a) This section applies only when notice of an event is required to be given by publication in accordance with this chapter.

(b) If the event is a public hearing or meeting concerning any matter not specifically mentioned in subsection (c), (d), (e), (f), (g), (h), or (i), notice shall be published one (1) time, at least ten (10) days before the date of the hearing or meeting.

(c) If the event is an election, notice shall be published one (1) time, not later than twenty-one (21) days before election day.

(d) If the event is a sale of bonds, notes, or warrants, notice shall be published two (2) times, at least one (1) week apart, with:

(1) the first publication made at least fifteen (15) days before the date of the sale; and

(2) the second publication made at least three (3) days before the date of the sale.

(e) If the event is the receiving of bids, notice shall be published two (2) times, at least one (1) week apart, with the second publication made at least seven (7) days before the date the bids will be received.

(f) If the event is the establishment of a cumulative or sinking fund, notice of the proposal and of the public hearing that is required to be held by the political subdivision shall be published two (2) times, at least one (1) week apart, with the second publication made at least three (3) days before the date of the hearing.

(g) If the event is the submission of a proposal adopted by a political subdivision for a cumulative or sinking fund for the approval of the department of local government finance, the notice of the submission shall be published one (1) time. The political subdivision shall publish the notice when directed to do so by the department of local government finance.

(h) If the event is the required publication of an ordinance, notice of the passage of the ordinance shall be published one (1) time within thirty (30) days after the passage of the ordinance.

(i) If the event is one about which notice is required to be published after the event, notice shall be published one (1) time within thirty (30) days after the date of the event.

(j) If the event is one about which notice is required under IC 36-1-11-5(e), IC 36-7-14-22.6, or IC 36-7-15.1-15.6, notice shall be published:

(1) one (1) time not more than ten (10) days after the date on which the determination was made; and

(2) not less than ten (10) days before the date offers will be received.

The notice under this subsection may be published solely on the political subdivision's official website (as defined in IC 5-3-5-2) in accordance with IC 5-3-5.

(k) If any officer charged with the duty of publishing any notice required by law is unable to procure publication of notice:

(1) at the price fixed by law;

(2) because all newspapers or locality newspapers that are qualified to publish the notice refuse to publish the notice; or

(3) because the newspapers or locality newspapers referred to in subdivision (2) refuse to post the notice on the newspapers' or locality newspapers' websites (if required under section 1.5 of this chapter);

it is sufficient for the officer to post printed notices in three (3) prominent places in the political subdivision, instead of publication of the notice in newspapers or locality newspapers and on a website (if required under section 1.5 of this chapter).

(l) This subsection applies if an officer described in subsection (k) or the officer's designee submits a notice to a newspaper or locality newspaper in a timely manner and the newspaper or locality newspaper does not refuse to publish the notice but subsequently fails to publish the notice. If, within the same period required for publishing notice under this section, the officer or officer's designee posts:

(1) printed notices in three (3) prominent places in the political subdivision; or

(2) notice on the political subdivision's website in a location where the notice is easily accessible and identifiable;

the notice is sufficient, and publication of the notice in newspapers or locality newspapers and on the newspapers' websites (if required under section 1.5 of this chapter) is not required.

(m) A political subdivision that is required under this chapter to publish notice in a newspaper two (2) or more times may make:

(1) the first publication of notice in a newspaper as required under section 4 of this chapter or the applicable statute; and

(2) all subsequent publications of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official website of the political subdivision.

If a political subdivision is required to publish a notice two (2) or more times in at least two (2) newspapers contemporaneously, the first publication of the notice includes the first publication of the notice in both newspapers.

Formerly: Acts 1927, c.96, s.2. As amended by Acts 1981, P.L.45, SEC.1; P.L.23-1984, SEC.6; P.L.36-1986, SEC.1; P.L.53-1987, SEC.1; P.L.54-1987, SEC.1; P.L.10-1989, SEC.19; P.L.1-1990, SEC.49; P.L.64-1995, SEC.5; P.L.153-1999, SEC.1; P.L.90-2002, SEC.14; P.L.141-2009, SEC.3; P.L.183-2014, SEC.1; P.L.122-2015, SEC.2; P.L.147-2016, SEC.4; P.L.21-2017, SEC.1; P.L.109-2021, SEC.73; P.L.137-2021, SEC.21; P.L.152-2021, SEC.1; P.L.146-2024, SEC.4.
Ind. Code § 5-2-20-1 — Indiana Code / Title 5 / Article 2 / Chapter 20 / Section 5-2-20-1
"Law enforcement agency"
Status: in_force

Sec. 1. As used in this chapter, "law enforcement agency" has the meaning set forth in IC 5-2-17-2.

As added by P.L.171-2011, SEC.3.
Ind. Code § 5-16-11-10 — Indiana Code / Title 5 / Article 16 / Chapter 11 / Section 5-16-11-10
Repealed
Status: repealed

As added by P.L.73-1989, SEC.1. Repealed by P.L.52-1991, SEC.9.
Ind. Code § 5-20-3-8 — Indiana Code / Title 5 / Article 20 / Chapter 3 / Section 5-20-3-8
Service charges; mutual housing associations; loans and grants
Status: in_force

Sec. 8. The Indiana housing and community development authority may assess a mutual housing association a service charge for each loan or grant provided to the association.

As added by P.L.69-1989, SEC.3. Amended by P.L.1-2006, SEC.111 and P.L.181-2006, SEC.26.
Ind. Code § 5-28-10-7 — Indiana Code / Title 5 / Article 28 / Chapter 10 / Section 5-28-10-7
Establishment and purpose of fund
Status: in_force

Sec. 7. The technology development grant fund is established within the state treasury to provide the necessary money for grants to redevelopment commissions under this chapter and the administration of this program.

As added by P.L.4-2005, SEC.34.
Ind. Code § 5-10-5.5-13 — Indiana Code / Title 5 / Article 10 / Chapter 5.5 / Section 5-10-5.5-13
Permanent or temporary disability
Status: in_force

Sec. 13. Any participant who becomes permanently or temporarily disabled from performing all suitable and available work on the force for which he is or may be capable of becoming qualified, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, shall be entitled to disability benefits in the amount provided by this chapter. Benefits may not be provided under this section for any disability:

(1) resulting from an intentionally self-inflicted injury or attempted suicide while sane or insane;

(2) resulting from the member's commission or attempted commission of a felony; or

(3) which begins within two (2) years after a member's entry or reentry into active service on the force and which was caused or contributed to by a mental or physical condition which manifested itself before the member entered or reentered active service.

Formerly: Acts 1972, P.L.1, SEC.1. As amended by Acts 1981, P.L.48, SEC.1; P.L.56-1987, SEC.3; P.L.4-1992, SEC.8.
Ind. Code § 5-26.5-1-5.5 — Indiana Code / Title 5 / Article 26.5 / Chapter 1 / Section 5-26.5-1-5.5
"Person"
Status: in_force

Sec. 5.5. "Person" means an individual, corporation, limited liability company, partnership, unincorporated association, or governmental entity (as defined in IC 35-31.5-2-144).

As added by P.L.149-2020, SEC.7.
Ind. Code § 5-1.2-14-9 — Indiana Code / Title 5 / Article 1.2 / Chapter 14 / Section 5-1.2-14-9
Selling of loans
Status: in_force

Sec. 9. (a) The authority may sell loans, evidences of other financial assistance, and other obligations evidencing the loans or other financial assistance from the water infrastructure assistance fund:

(1) periodically;

(2) at any price; and

(3) on terms acceptable to the authority.

(b) Proceeds of sales under subsection (a) shall be deposited in:

(1) the water infrastructure assistance fund;

(2) the wastewater revolving loan fund established by IC 5-1.2-10;

(3) the drinking water revolving loan fund established by IC 5-1.2-10; or

(4) the supplemental drinking water and wastewater assistance fund established by IC 5-1.2-11;

at the direction of the authority.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-10-5.5-20 — Indiana Code / Title 5 / Article 10 / Chapter 5.5 / Section 5-10-5.5-20
Old age and survivors benefits; supplemental retirement benefits; rights and liabilities not affected
Status: in_force

Sec. 20. Participation in the retirement plan created by this chapter shall not affect the participant's rights and liabilities under the provisions of IC 5-10.1, IC 5-10.2, and IC 5-10.3.

Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.25-1986, SEC.29.
Ind. Code § 5-11-1-27 — Indiana Code / Title 5 / Article 11 / Chapter 1 / Section 5-11-1-27
Local governmental internal controls; personnel training; violations; reporting misappropriations
Status: in_force

Sec. 27. (a) As used in this section, "legislative body" has the meaning set forth in IC 36-1-2-9.

(b) As used in this section, "material" means a significant or consequential amount, as determined by the state examiner and approved by the audit committee.

(c) As used in this section, "personnel" means an officer or employee of a political subdivision whose official duties include receiving, processing, depositing, disbursing, or otherwise having access to funds that belong to the federal government, state government, a political subdivision, or another governmental entity.

(d) As used in this section, "political subdivision" has the meaning set forth in IC 5-11-10.5-1.

(e) In the compliance guidelines authorized under section 24 of this chapter, the state board of accounts shall define and the audit committee shall approve not later than November 1, 2015, the acceptable minimum level of internal control standards and internal control procedures for internal control systems of political subdivisions, including the following:

(1) Control environment.

(2) Risk assessment.

(3) Control activities.

(4) Information and communication.

(5) Monitoring.

The internal control standards and procedures shall be developed to promote government accountability and transparency.

(f) Not later than November 1, 2015, the state board of accounts shall develop or designate approved personnel training materials as approved by the audit committee, to implement this section.

(g) After June 30, 2016, the legislative body of a political subdivision shall ensure that:

(1) the internal control standards and procedures developed under subsection (e) are adopted by the political subdivision; and

(2) personnel receive training concerning the internal control standards and procedures adopted by the political subdivision.

(h) After June 30, 2016, the fiscal officer of a political subdivision shall certify in writing that:

(1) the minimum internal control standards and procedures defined under subsection (e) have been adopted by the political subdivision; and

(2) personnel, who are not otherwise on leave status, have received training as required by subsection (g)(2).

The certification shall be filed with the state board of accounts at the same time as the annual financial report required by section 4(a) of this chapter is filed. The certification shall be filed electronically in the manner prescribed under IC 5-14-3.8-7.

(i) After June 30, 2016, if the state board of accounts finds during an audit of a political subdivision that:

(1) the political subdivision has not adopted the internal control standards and procedures required under subsection (g)(1); or

(2) personnel of the political subdivision have not received the training required under subsection (g)(2);

the state board of accounts shall issue a comment in its examination report for the political subdivision. If, during a subsequent audit, the state board of accounts finds a violation described in subdivision (1) or (2) has not been corrected, the political subdivision has sixty (60) days after the date the state board of accounts notifies the political subdivision of its findings to correct the violation. If a violation is not corrected within the required period, the state board of accounts shall forward the information to the department of local government finance.

(j) All erroneous or irregular material variances, losses, shortages, or thefts of political subdivision funds or property shall be reported immediately to the state board of accounts. For all material variances, losses, shortages, or thefts, the state board of accounts shall:

(1) determine the amount of funds involved and report the amount to the appropriate government and law enforcement officials;

(2) determine the internal control weakness that contributed to or caused the condition; and

(3) make written recommendations to the appropriate legislative body or appropriate official overseeing the internal control system addressing:

(A) the method of correcting the condition; and

(B) the necessary internal control policies and internal control procedures that must be modified to prevent a recurrence of the condition.

(k) The legislative body or the appropriate official overseeing the internal control system shall immediately implement the policies and procedures recommended by the state board of accounts under subsection (j)(3)(B).

(l) A public officer who has actual knowledge of or reasonable cause to believe that there has been a misappropriation of public funds or assets of the public office, including:

(1) information obtained as a result of a police report;

(2) an internal audit finding; or

(3) another source indicating that a misappropriation has occurred;

shall immediately send written notice of the misappropriation to the state board of accounts and the prosecuting attorney serving in the area governed by the political subdivision.

(m) If the attorney general institutes civil proceedings related to this section or under IC 5-11-5-1, the attorney general shall seek, in addition to the recovery of any funds misappropriated, diverted, or unaccounted for, restitution of:

(1) costs incurred by the state board of accounts; and

(2) all costs and reasonable attorney's fees incurred by the attorney general;

in connection with the civil proceedings.

As added by P.L.117-2011, SEC.2. Amended by P.L.184-2015, SEC.6.
Ind. Code § 5-14-3-3.6 — Indiana Code / Title 5 / Article 14 / Chapter 3 / Section 5-14-3-3.6
Public agencies; enhanced access to public records; office of technology
Status: in_force

Sec. 3.6. (a) As used in this section "public agency" does not include a state agency (as defined in section 3.5(a) of this chapter).

(b) As an additional means of inspecting and copying public records, a public agency may provide enhanced access to public records maintained by the public agency.

(c) A public agency may provide a person with enhanced access to public records if any of the following apply:

(1) The public agency provides enhanced access to the person through its own computer gateway and provides for the protection of public records under subsection (d).

(2) The public agency has entered into a contract with a third party under which the public agency provides enhanced access to the person through the third party's computer gateway or otherwise, and the contract between the public agency and the third party provides for the protection of public records in accordance with subsection (d).

(d) A contract entered into under this section and any other provision of enhanced access must provide that the third party and the person will not engage in the following:

(1) Unauthorized enhanced access to public records.

(2) Unauthorized alteration of public records.

(3) Disclosure of confidential public records.

(e) A contract entered into under this section or any provision of enhanced access may require the payment of a reasonable fee to either the third party to a contract or to the public agency, or both, from the person.

(f) A public agency may provide enhanced access to public records through the computer gateway administered by the office of technology established by IC 4-13.1-2-1.

As added by P.L.19-1997, SEC.3. Amended by P.L.177-2005, SEC.16.
Ind. Code § 5-22-14-1 — Indiana Code / Title 5 / Article 22 / Chapter 14 / Section 5-22-14-1
"Small business"
Status: in_force

Sec. 1. As used in this chapter, "small business" means a business that:

(1) is independently owned and operated;

(2) is not dominant in its field of operation; and

(3) satisfies the criteria in the rules adopted under section 3 of this chapter.

As added by P.L.49-1997, SEC.1. Amended by P.L.90-2013, SEC.1; P.L.15-2020, SEC.14.
Ind. Code § 5-10.4-5-2 — Indiana Code / Title 5 / Article 10.4 / Chapter 5 / Section 5-10.4-5-2
Calculation of disability benefit
Status: in_force

Sec. 2. (a) The monthly classroom disability benefit paid under section 1 of this chapter is determined in STEP THREE of the following formula:

STEP ONE: Subtract five (5) from the total years of service credit earned by the member before the date of the member's disability.

STEP TWO: Multiply the remainder determined under STEP ONE by five dollars ($5).

STEP THREE: Add the STEP TWO result and one hundred twenty-five dollars ($125).

(b) A classroom disability benefit payment is charged against the retirement allowance account.

(c) Classroom disability benefits may not begin until ordered by the board after the member undergoes a medical examination by a physician selected by the board. If the medical examination conducted by a physician selected and paid by the board establishes to the board's satisfaction that the disability no longer exists, the member may not receive a classroom disability benefit.

(d) If a member on a classroom disability benefit refuses to submit at least annually to a medical examination by a physician selected by the board, the board shall discontinue the member's benefits until the member withdraws the refusal. If the refusal continues for at least one (1) year, the member may forfeit the right to receive classroom disability benefits.

(e) To the extent required by the federal Americans with Disabilities Act, the transcripts, reports, records, and other material compiled to determine the existence of a disability shall be:

(1) kept in separate medical files for each member; and

(2) treated as confidential medical records.

(f) This section shall be administered in a manner that is consistent with the federal Americans with Disabilities Act, to the extent required by the Act.

[Pre-2006 Education Finance Recodification Citation: 21-6.1-5-2.]

As added by P.L.2-2006, SEC.28.
Ind. Code § 5-10.4-8-12 — Indiana Code / Title 5 / Article 10.4 / Chapter 8 / Section 5-10.4-8-12
Withdrawals from member account
Status: in_force

Sec. 12. (a) After December 31, 2020, subject to the provisions of the Internal Revenue Code applicable to qualified plan distributions, a member who terminates service in a covered position is entitled to withdraw all or part of the amounts in the member's account to the extent the member is vested in the account. A member must make a required withdrawal from the member's account not later than the required beginning date under the Internal Revenue Code.

(b) A member may elect to have withdrawals paid as:

(1) a lump sum;

(2) a direct rollover to another eligible retirement plan; or

(3) if the member has attained normal retirement age, a monthly annuity in accordance with the rules of the board.

(c) The board may establish a minimum account balance or a minimum monthly payment amount in order for a member to select the monthly annuity option. The board shall establish the forms of annuity by rule, in consultation with the board's actuary. The board shall give members information about these forms of payment and any information required by federal law to accompany such distributions.

(d) Unless otherwise required by federal or state law, the requirements and rules that apply to the distribution of the annuity savings account apply to distributions from a member's account.

(e) Subject to the Pension Protection Act of 2006 and notwithstanding any state law, after December 31, 2020, an active member who:

(1) reaches normal retirement age; and

(2) has attained vested status in the fund;

may withdraw all or part of the amount in the member's account without separating from a covered position.

As added by P.L.217-2017, SEC.58. Amended by P.L.27-2019, SEC.15; P.L.51-2020, SEC.6.
Ind. Code § 5-2-6.1-3 — Indiana Code / Title 5 / Article 2 / Chapter 6.1 / Section 5-2-6.1-3
Fund
Status: in_force

Sec. 3. As used in this chapter, "fund" refers to the violent crime victims compensation fund established by section 40 of this chapter.

As added by P.L.47-1993, SEC.2.
Ind. Code § 5-1-17-20 — Indiana Code / Title 5 / Article 1 / Chapter 17 / Section 5-1-17-20
Bonds; legal investments
Status: in_force

Sec. 20. Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under Indiana law.

As added by P.L.214-2005, SEC.6.
Ind. Code § 5-10.3-1-8 — Indiana Code / Title 5 / Article 10.3 / Chapter 1 / Section 5-10.3-1-8
Gender; number
Status: in_force

Sec. 8. Gender; Number. (a) When a masculine pronoun is used in this article, it refers to the masculine, feminine, or neuter, as appropriate.

(b) The singular form of any noun used in this article includes the plural, and the plural includes the singular, as appropriate.

As added by Acts 1977, P.L.53, SEC.3.
Ind. Code § 5-27-3-3 — Indiana Code / Title 5 / Article 27 / Chapter 3 / Section 5-27-3-3
Charges and fees
Status: in_force

Sec. 3. (a) A governmental body may:

(1) if the governmental body obtains the consent of each governmental body that is directly affected by the transaction, recognize the net amount remitted by the provider company as payment in full of an amount due the governmental entity for a service, a tax, a license, a permit, a fee, information, or any other amount due the governmental body that was paid by an electronic payment; or

(2) collect a sum for the vendor transaction charge, discount fee, or any other charge from the person who makes an electronic payment.

A fee under subdivision (2) may be collected as an enhanced service fee by a governmental body. The fee is a permitted additional charge under IC 37-2-4-5.

(b) A governmental body may pay a service charge or fee in connection with its agreement with the provider company.

As added by P.L.114-2002, SEC.1. Amended by P.L.115-2026, SEC.8.
Ind. Code § 5-2-2-14 — Indiana Code / Title 5 / Article 2 / Chapter 2 / Section 5-2-2-14
Revenue debentures; sale
Status: in_force

Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 14. (a) For the purpose of providing funds to carry out the provisions of this chapter with respect to the construction and equipment of a building or buildings for use as a law enforcement academy and acquiring or providing a site therefor, the commission is authorized pursuant to resolution or resolutions to issue and sell interest bearing law enforcement academy revenue debentures in any amount not to exceed three million two hundred thousand dollars ($3,200,000) and bearing such date or dates, and maturing at such time or times not exceeding forty (40) years from their respective dates, bearing interest at such rate or rates payable semiannually, in such form, carrying such registration privileges payable at such place or places, and may be made subject to redemption prior to maturity in such manner, at such time, and upon such terms with or without premium, all as may be provided by the pertinent resolution and expressed on the face of the respective debentures. Such debentures shall be signed by the chairman of the commission, attested by the secretary, and with the seal of said commission affixed, provided, that the signature of the chairman may be a facsimile thereof imprinted thereon. Interest on said debentures when issued shall be evidenced by attached interest coupons bearing the facsimile of the signatures of said chairman and secretary. Such debentures and the interest coupons thereto attached when issued shall have all the qualities of negotiable instruments under the law merchant and shall be incontestable in the hands of a bona fide purchaser or holder thereof for value, and such debentures and interest thereon shall be exempt from all taxation except the financial institutions tax and estate, inheritance, or gift taxes imposed by law. Such debentures shall be sold at public sale in accordance with the provisions of IC 21-32-3. In determining the amount of such debentures to be issued and sold there may be included the cost of construction, the cost of all land and clearings thereof and improvements thereto, including walks, drives, and other appurtenances, material and labor which are deemed necessary, cost of equipment, financing charges, interest accruing on the debentures prior to and during the construction period, and all other expenses, including legal fees, engineers' and architects' fees, and all other expenses necessary or incident to the construction and equipment of the building or buildings and the acquisition and providing a site therefor. The proceeds of such debentures are hereby appropriated for the purpose for which the debentures may be issued under this chapter and such proceeds shall be deposited and disbursed in accordance with such provisions and restrictions as the commission may provide in the resolution authorizing the issuance thereof. Any debentures issued under the provisions of this chapter may be thereafter refinanced through the issuance of refunding debentures subject to such restrictions or conditions as may be provided in the resolution authorizing the issuance of such debentures in the first instance and in the issuance of such refunding debentures, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the commission in all respects thereto shall be governed by the provisions of this chapter insofar as the same may be applicable.

(b) The debentures issued under the provisions of this chapter shall constitute only the corporate obligations of said commission payable solely and only from and secured exclusively by pledge of the income and revenue of such building or buildings remaining after payment or provisions for payment of the expenses of operation, maintenance, and repair of said building or buildings to the extent such expenses of operation, maintenance, and repair are not otherwise provided, and it shall be plainly stated on the face of each such debenture that same does not constitute an indebtedness of the state of Indiana within the meaning or application of any constitutional provision or limitation but that it is payable solely and only as to both principal and interest from the net revenues of such building or buildings. The provisions of this chapter and the covenants and undertakings of the commission as expressed in any proceedings preliminary to or in connection with the issuance of the debentures may be enforced by any debenture holder by suit for injunction or mandamus against the commission or any officer, agent, or employee thereof, but in no event can any suit for monetary judgement be brought against the state of Indiana for any violations under the provisions of this chapter.

Formerly: Acts 1971, P.L.43, SEC.1. As amended by P.L.25-1986, SEC.11; P.L.21-1990, SEC.7; P.L.2-2007, SEC.75.
Ind. Code § 5-2-13-4 — Indiana Code / Title 5 / Article 2 / Chapter 13 / Section 5-2-13-4
Establishment of fund
Status: in_force

Sec. 4. The law enforcement assistance fund is established to provide money to agencies to increase the number of officers on patrol in the community. The fund consists of the following:

(1) Appropriations made by the general assembly.

(2) Any other public or private source.

As added by P.L.260-1997(ss), SEC.46.
Ind. Code § 5-1.2-2-30 — Indiana Code / Title 5 / Article 1.2 / Chapter 2 / Section 5-1.2-2-30
"Governing board"
Status: in_force

Sec. 30. "Governing board", for purposes of the flood control program established under IC 5-1.2-13, means the legislative body created by law to administer the affairs of the participant.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-16-13-8 — Indiana Code / Title 5 / Article 16 / Chapter 13 / Section 5-16-13-8
Contractor tier structure required for public works projects
Status: in_force

Sec. 8. A public works project may not be structured other than in the contractor tier structure.

As added by P.L.252-2015, SEC.12.
Ind. Code § 5-1.5-5-3 — Indiana Code / Title 5 / Article 1.5 / Chapter 5 / Section 5-1.5-5-3
Valuation of investments
Status: in_force

Sec. 3. For purposes of valuation, investments in the reserve fund shall be valued at par, or if purchased at less than par, at cost unless otherwise provided by resolution or trust agreement of the bank. Valuation on a particular date shall include the amount of interest then earned or accrued to that date on the money or investments in the reserve fund.

As added by P.L.25-1984, SEC.1. Amended by P.L.43-1985, SEC.20.
Ind. Code § 5-1.4-4-3 — Indiana Code / Title 5 / Article 1.4 / Chapter 4 / Section 5-1.4-4-3
Negotiability of bonds and notes
Status: in_force

Sec. 3. The bonds and notes of the bank are negotiable instruments for all purposes of the Uniform Commercial Code (IC 26-1), subject only to the provisions of the bonds and notes for registration.

As added by P.L.42-1985, SEC.1.
Ind. Code § 5-1.2-9-22 — Indiana Code / Title 5 / Article 1.2 / Chapter 9 / Section 5-1.2-9-22
Taxable bonds; payment provisions
Status: in_force

Sec. 22. Any resolution adopted to authorize the issuance of taxable bonds to fund a program under section 19(11) of this chapter may provide that the bonds are payable solely from:

(1) revenues and receipts derived from the various financing agreements; or

(2) the payments made under any other agreements to secure the obligations of the developers, users, related persons, or the authority.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.4-8-5 — Indiana Code / Title 5 / Article 1.4 / Chapter 8 / Section 5-1.4-8-5
Bond anticipation notes of qualified entities; purchase by bank; renewal or extension; maturity; terms and conditions
Status: in_force

Sec. 5. (a) Notwithstanding any law applicable to a qualified entity concerning the issuance of bonds, a qualified entity that has complied with all statutory requirements for the issuance of its bonds may (in lieu of issuing bonds at that time and without complying with any other law applicable to the issuance of bonds, notes, or other evidences of indebtedness) issue to the bank the qualified entity's notes in anticipation of the issuance of bonds, and the bank may purchase these bond anticipation notes. The bond anticipation notes may be issued on terms set forth in a resolution authorizing their issuance and in any amount equal to or less than the amount of bonds authorized to be issued.

(b) The qualified entity may renew or extend the bond anticipation notes from time to time on terms agreed to with the bank, and the bank may purchase these renewals or extensions. The amount of the accrued interest on the date of renewal or extension may be paid or added to the principal amount of the note being renewed or extended so long as the aggregate principal amount of bond anticipation notes outstanding at any time does not exceed the maximum principal amount permitted by this section.

(c) The bond anticipation notes of the qualified entity, including any renewals or extensions, must mature in the amounts and at the times (not exceeding five (5) years from the date of the original issuance of the bond anticipation notes) as are agreed to by the qualified entity and the bank. The bond anticipation notes shall be, and interest thereon may be, finally paid with the proceeds of the bonds issued by the qualified entity. In connection with the issuance of bonds part or all of the proceeds of which shall be used to retire the bond anticipation notes, the qualified entity is not required to repeat the procedures for the issuance of bonds because the procedures followed before the issuance of the bond anticipation notes are for all purposes sufficient to authorize the issuance of such bonds.

(d) In connection with the purchase of bond anticipation notes, the bank may by agreement with the qualified entity impose any terms, conditions, and limitations as in its opinion are proper for the security of the bank and the holders of its bonds or notes. If the qualified entity fails to comply with the agreement or to issue its bonds to retire its bond anticipation notes, the bank may enforce all rights and remedies provided in the agreement or at law, including an action in mandamus to compel the issuance of bonds by the qualified entity.

As added by P.L.42-1985, SEC.1. Amended by P.L.29-1986, SEC.21.
Ind. Code § 5-11-1-17 — Indiana Code / Title 5 / Article 11 / Chapter 1 / Section 5-11-1-17
Repealed
Status: repealed

Formerly: Acts 1909, c.55, s.18; Acts 1945, c.176, s.4. Repealed by Acts 1978, P.L.2, SEC.521.
Ind. Code § 5-1.2-7-3 — Indiana Code / Title 5 / Article 1.2 / Chapter 7 / Section 5-1.2-7-3
County commissioner approval; presuppose and include approval by county council; voting requirements for valid lease
Status: in_force

Sec. 3. (a) For purposes of this chapter, county commissioner action or approval for the appropriation and expenditure of county tax money shall presuppose and include approval by the county council.

(b) A lease entered into by the board of county commissioners with the authority is valid or binding upon the county only if the lease is approved by a majority vote of the county council.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-13-8-8 — Indiana Code / Title 5 / Article 13 / Chapter 8 / Section 5-13-8-8
Repealed
Status: repealed

As added by P.L.19-1987, SEC.10. Amended by P.L.57-1993, SEC.4. Repealed by P.L.46-1997, SEC.18.
Ind. Code § 5-2-23-9 — Indiana Code / Title 5 / Article 2 / Chapter 23 / Section 5-2-23-9
Rulemaking authority
Status: in_force

Sec. 9. The criminal justice institute may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.165-2019, SEC.1. Amended by P.L.93-2024, SEC.41.
Ind. Code § 5-28-15.5-6 — Indiana Code / Title 5 / Article 28 / Chapter 15.5 / Section 5-28-15.5-6
Annual summary; payments to district board; ability to obtain tax records
Status: in_force

Sec. 6. (a) Subject to subsection (c), a district business that claims any of the incentives available to district businesses shall, before June 1 of each year:

(1) submit to the district board a verified summary concerning the amount of incentives claimed by the district business in the preceding year;

(2) pay the amount specified in section 4(a)(2)(A) of this chapter to the district board; and

(3) pay the amount determined under section 4(b) of this chapter to the district board.

(b) In order to determine the accuracy of the summary submitted under subsection (a), the district board is entitled to obtain copies of a district business's tax records directly from the department of local government finance or a county official, notwithstanding any other law. A summary submitted to a district board and any records obtained by the district board under this section are confidential. A member of a district board or an agent of a district board who knowingly or intentionally discloses information that is confidential under this section commits a Class A misdemeanor.

(c) If a district business does not comply with subsection (a) before June 1, the amount of the incentives for the preceding year that were otherwise available to the district business because the business was a district business are waived.

(d) This subsection is in addition to any other sanction imposed by subsection (c) or any other law. If a district business fails to comply with subsection (a) before June 1 of a year, the district business is:

(1) denied all the incentives available to a district business because the business was a district business for that year; and

(2) disqualified from further participation in the pilot program under this chapter until the district business petitions the district board for, and is granted, readmission to the pilot program under this chapter.

As added by P.L.238-2017, SEC.4.
Ind. Code § 5-1.2-10-14 — Indiana Code / Title 5 / Article 1.2 / Chapter 10 / Section 5-1.2-10-14
Priority ranking system
Status: in_force

Sec. 14. (a) The authority shall use a priority ranking system in making loans or other financial assistance from each fund.

(b) The authority, in consultation with other state agencies the authority determines to be appropriate, shall develop the priority ranking system to achieve optimum water quality consistent with federal primary drinking water regulations and health protection objectives of the federal Safe Drinking Water Act, the water quality goals of the state, and the federal Clean Water Act.

(c) The ranking system shall prioritize loans securing longer term benefits over shorter term projects, all other factors being equal.

As added by P.L.189-2018, SEC.25. Amended by P.L.120-2021, SEC.1.
Ind. Code § 5-1.5-1-7 — Indiana Code / Title 5 / Article 1.5 / Chapter 1 / Section 5-1.5-1-7
"Note"
Status: in_force

Sec. 7. "Note" refers to a note of the bank issued under this article.

As added by P.L.25-1984, SEC.1.
Ind. Code § 5-22-11-2 — Indiana Code / Title 5 / Article 22 / Chapter 11 / Section 5-22-11-2
Specifications for supplies and services
Status: in_force

Sec. 2. Supplies and services purchased under this chapter must:

(1) meet the specifications and needs of the purchasing governmental body; and

(2) be purchased at a fair market price.

As added by P.L.49-1997, SEC.1.
Ind. Code § 5-2-6-17 — Indiana Code / Title 5 / Article 2 / Chapter 6 / Section 5-2-6-17
Repealed
Status: repealed

As added by P.L.192-2005, SEC.2. Repealed by P.L.30-2019, SEC.9.
Ind. Code § 5-7-1-20 — Indiana Code / Title 5 / Article 7 / Chapter 1 / Section 5-7-1-20
Repealed
Status: repealed

Formerly: Acts 1895, c.145, s.135. Repealed by Acts 1978, P.L.2, SEC.521.
Ind. Code § 5-11-5.5-1 — Indiana Code / Title 5 / Article 11 / Chapter 5.5 / Section 5-11-5.5-1
Definitions
Status: in_force

Sec. 1. The following definitions apply throughout this chapter:

(1) "Claim" means a request or demand for money or property that is made to a contractor, grantee, or other recipient if the state:

(A) provides any part of the money or property that is requested or demanded; or

(B) will reimburse the contractor, grantee, or other recipient for any part of the money or property that is requested or demanded.

(2) "Documentary material" means:

(A) the original or a copy of a book, record, report, memorandum, paper, communication, tabulation, chart, or other document;

(B) a data compilation stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret the data compilations; and

(C) a product of discovery.

(3) "Investigation" means an inquiry conducted by an investigator to ascertain whether a person is or has been engaged in a violation of this chapter.

(4) "Knowing", "knowingly", or "known" means that a person, regarding information:

(A) has actual knowledge of the information;

(B) acts in deliberate ignorance of the truth or falsity of the information; or

(C) acts in reckless disregard of the truth or falsity of the information.

(5) "Person" includes a natural person, a corporation, a firm, an association, an organization, a partnership, a limited liability company, a business, or a trust.

(6) "Product of discovery" means the original or duplicate of:

(A) a deposition;

(B) an interrogatory;

(C) a document;

(D) a thing;

(E) a result of the inspection of land or other property; or

(F) an examination or admission;

that is obtained by any method of discovery in a judicial or an administrative proceeding of an adversarial nature. The term includes a digest, an analysis, a selection, a compilation, a derivation, an index, or another method of accessing an item listed in this subdivision.

(7) "State" means Indiana or any agency of state government. The term does not include a political subdivision.

As added by P.L.222-2005, SEC.23. Amended by P.L.79-2007, SEC.1.
Ind. Code § 5-23-6-3 — Indiana Code / Title 5 / Article 23 / Chapter 6 / Section 5-23-6-3
Payments to parties upon termination
Status: in_force

Sec. 3. The public-private agreement may provide for the payment of money to either party if the public-private agreement is terminated. The payments may be used in the form of liquidated damages to compensate the operator for demonstrated unamortized costs, to retire or refinance indebtedness created to improve or construct assets owned by the governmental body, or for any other purpose mutually agreeable to the operator and the governmental body.

As added by P.L.49-1997, SEC.34.
Ind. Code § 5-16-5-0.6 — Indiana Code / Title 5 / Article 16 / Chapter 5 / Section 5-16-5-0.6
"Public work"
Status: in_force

Sec. 0.6. As used in this chapter, "public work" refers to the construction, erection, alteration, or repair of a public building, public improvement, or other public work, the cost of which is paid for by funds derived from taxation. The term includes all roads, highways, streets, alleys, bridges, sewers, drains, or other public improvements.

As added by P.L.75-2012, SEC.6.
Ind. Code § 5-33-5-12 — Indiana Code / Title 5 / Article 33 / Chapter 5 / Section 5-33-5-12
Reimbursement of employee expenses
Status: in_force

Sec. 12. An employee of the corporation is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the employee's duties as approved by the budget agency.

As added by P.L.78-2019, SEC.5.
Ind. Code § 5-10.3-7-11 — Indiana Code / Title 5 / Article 10.3 / Chapter 7 / Section 5-10.3-7-11
Payroll preparation
Status: in_force

Sec. 11. The director shall certify to the department the names of the employees for whom deductions or payments of contributions must be made. In the preparation of payrolls, each department shall indicate:

(1) the total compensation of each employee;

(2) the amount of each member's contribution; and

(3) the net amount payable to each member.

No compensation may be paid and no payroll may be processed unless the deduction or payment is made for members' contributions.

As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.41-1983, SEC.9; P.L.5-1990, SEC.10.
Ind. Code § 5-28-18-4 — Indiana Code / Title 5 / Article 28 / Chapter 18 / Section 5-28-18-4
"Local pool"
Status: in_force

Sec. 4. As used in this chapter, "local pool" includes both a local investment pool established under section 12 of this chapter and a local opportunity pool established under section 13 of this chapter.

As added by P.L.4-2005, SEC.34.
Ind. Code § 5-16-2-1 — Indiana Code / Title 5 / Article 16 / Chapter 2 / Section 5-16-2-1
Time for submitting bid; opening bids
Status: in_force

Sec. 1. All state officers, administrative boards or agencies acting on behalf of the state or any state institution or state agency, authorized by law to let contracts for public work shall have no authority to require any bidder to submit his bid at any time earlier than the open meeting at which it is to be received. All such meetings for receiving bids shall be open to the public and all bidders shall be entitled to attend. Bids so received shall be opened publicly and read aloud at the time and place designated for the receipt thereof.

Formerly: Acts 1913, c.228, s.1; Acts 1965, c.317, s.1. As amended by Acts 1981, P.L.57, SEC.9.
Ind. Code § 5-1.2-11.5-5 — Indiana Code / Title 5 / Article 1.2 / Chapter 11.5 / Section 5-1.2-11.5-5
Study areas
Status: in_force

Sec. 5. (a) For the purposes of this chapter, the authority shall divide the state of Indiana into study areas.

(b) Each study area created under this section must consist of multiple counties. In selecting the counties to comprise each study area, the authority may consider similarities among the counties in:

(1) the watersheds in which they are located;

(2) the water sources that are available in them; and

(3) any other factors the authority considers relevant.

As added by P.L.15-2019, SEC.2.
Ind. Code § 5-1.5-2-1 — Indiana Code / Title 5 / Article 1.5 / Chapter 2 / Section 5-1.5-2-1
Indiana bond bank; establishment; nature; purpose
Status: in_force

Sec. 1. There is established the Indiana bond bank, a separate body corporate and politic, constituting an instrumentality of the state for the public purposes set out in this article, but not a state agency. The bank is separate from the state in its corporate and sovereign capacity. The purpose of the bank as described in IC 5-1.5-4 is to buy and sell securities and to make loans to qualified entities.

As added by P.L.25-1984, SEC.1. Amended by P.L.43-1985, SEC.4.
Ind. Code § 5-10-15-9 — Indiana Code / Title 5 / Article 10 / Chapter 15 / Section 5-10-15-9
Presumption of disability in line of duty; rebutting of presumption
Status: in_force

Sec. 9. (a) An employee or former employee who:

(1) is diagnosed with an exposure related cancer, exposure related heart or lung disease, or exposure related Parkinson's disease that:

(A) requires medical treatment; or

(B) results in total or partial disability; and

(2) at the time of the diagnosis:

(A) is actively employed; or

(B) has terminated employment not more than sixty (60) months earlier;

is presumed to have a disability incurred in the line of duty.

(b) The presumption described in subsection (a) may be rebutted by competent evidence.

(c) A meeting or hearing held to rebut the presumption described in subsection (a) may be held as an executive session under IC 5-14-1.5-6.1(b)(1).

As added by P.L.62-2006, SEC.1. Amended by P.L.59-2009, SEC.4.
Ind. Code § 5-28-21-14 — Indiana Code / Title 5 / Article 28 / Chapter 21 / Section 5-28-21-14
Loan security
Status: in_force

Sec. 14. (a) A loan under this chapter must be secured by liens on collateral at the highest level of priority that can accommodate the borrower's ability to raise sufficient debt and equity capital.

(b) A financial institution holding an obligation that is guaranteed under this chapter must adequately secure the obligation.

As added by P.L.4-2005, SEC.34.
Ind. Code § 5-10.3-12-20.5 — Indiana Code / Title 5 / Article 10.3 / Chapter 12 / Section 5-10.3-12-20.5
Election by employee of political subdivision to become plan member; failure to make election
Status: in_force

Sec. 20.5. (a) This section applies to an individual described in section 1(a)(3) of this chapter who is otherwise eligible to become a member of the plan.

(b) An individual described in subsection (a) may elect to become a member of the plan on the date the individual begins the individual's employment in a covered position with a political subdivision that participates in the plan. The election applies to all service credit that the member accrues in a covered position as an employee of the political subdivision while the political subdivision participates in the plan.

(c) An election under this section:

(1) must be made in writing;

(2) must be filed with the board on a form prescribed by the board; and

(3) is irrevocable.

(d) Except as provided in section 32(b) of this chapter, an individual described in subsection (a) who does not elect to become a member of the plan becomes a member (as defined in IC 5-10.3-1-5) of the fund for all service credit that the member accrues in a covered position as an employee of the political subdivision while the political subdivision participates in the fund.

As added by P.L.241-2015, SEC.30. Amended by P.L.209-2016, SEC.5.
Ind. Code § 5-11-1-30 — Indiana Code / Title 5 / Article 11 / Chapter 1 / Section 5-11-1-30
Request for examination according to generally accepted accounting principles
Status: in_force

Sec. 30. (a) An audited entity may request that an examination conducted by the state board of accounts be conducted in accordance with generally accepted accounting principles. A request by a public officer must be approved by resolution adopted by the legislative body for the audited entity.

(b) The state board of accounts shall, not more than sixty (60) days after receiving a request under subsection (a):

(1) acknowledge receipt of the request; and

(2) notify the requesting public officer or legislative body that the request is:

(A) approved; or

(B) disapproved.

(c) The state board of accounts shall approve a request under subsection (a) unless the state examiner determines that:

(1) the audited entity, under the guidelines established by the state board of accounts, did not request the audit within sixty (60) days after the close of the audited entity's fiscal year;

(2) the audited entity does not conduct its accounting according to generally accepted accounting principles;

(3) the audited entity did not maintain the audited entity's financial records during the preceding year on a generally accepted accounting principles basis;

(4) the annual financial statements and notes to the financial statements are not presented or will not be presented to the state board of accounts for audit on the schedule agreed to by the state examiner; or

(5) the audited entity does not follow the other guidelines established by the state board of accounts.

As added by P.L.181-2015, SEC.18.
Ind. Code § 5-1-17.5-26 — Indiana Code / Title 5 / Article 1 / Chapter 17.5 / Section 5-1-17.5-26
Filing of informational tax returns by certain taxpayers; guidelines
Status: in_force

Sec. 26. (a) A taxpayer operating in the motorsports investment district that files a consolidated return with the department also shall file annually an informational return with the department for each business location of the taxpayer within the motorsports investment district.

(b) If the department is unable to determine the extent to which taxes remitted by a taxpayer are gross retail incremental amounts or income tax incremental amounts for purposes of IC 4-10-23, the department shall use the best information available in calculating those incremental amounts.

(c) The department shall adopt guidelines to govern its responsibilities under this chapter.

As added by P.L.233-2013, SEC.5.
Ind. Code § 5-1-17-11 — Indiana Code / Title 5 / Article 1 / Chapter 17 / Section 5-1-17-11
Powers
Status: in_force

Sec. 11. (a) The authority may also:

(1) finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip land and capital improvements;

(2) lease the land or those capital improvements to a capital improvement board;

(3) sue, be sued, plead, and be impleaded;

(4) condemn, appropriate, lease, rent, purchase, and hold any real or personal property needed or considered useful in connection with capital improvements;

(5) acquire real or personal property by gift, devise, or bequest and hold, use, or dispose of that property for the purposes authorized by this chapter;

(6) after giving notice, enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a capital improvement;

(7) design, order, contract for, and construct, reconstruct, and renovate any capital improvements or improvements thereto;

(8) employ managers, superintendents, architects, engineers, attorneys, auditors, clerks, construction managers, and other employees;

(9) make and enter into all contracts and agreements, including agreements to arbitrate, that are necessary or incidental to the performance of its duties and the execution of its powers under this chapter;

(10) acquire in the name of the authority by the exercise of the right of condemnation, in the manner provided in subsection (c), public or private lands, or rights in lands, rights-of-way, property, rights, easements, and interests, as it considers necessary for carrying out this chapter; and

(11) take any other action necessary to implement its purposes as set forth in section 10 of this chapter.

(b) The authority is subject to the provisions of 25 IAC 5 concerning equal opportunities for minority business enterprises and women's business enterprises to participate in procurement and contracting processes. In addition, the authority shall set a goal for participation by minority business enterprises of fifteen percent (15%) and women's business enterprises of five percent (5%), consistent with the goals of delivering the project on time and within the budgeted amount and, insofar as possible, using Indiana businesses for employees, goods, and services. In fulfilling the goal, the authority shall take into account historical precedents in the same market.

(c) If the authority is unable to agree with the owners, lessees, or occupants of any real property selected for the purposes of this chapter, the authority may proceed to procure the condemnation of the property under IC 32-24-1. The authority may not institute a proceeding until the authority has adopted a resolution that:

(1) describes the real property sought to be acquired and the purpose for which the real property is to be used;

(2) declares that the public interest and necessity require the acquisition by the authority of the property involved; and

(3) sets out any other facts that the authority considers necessary or pertinent.

The resolution is conclusive evidence of the public necessity of the proposed acquisition and shall be referred to the attorney general for action, in the name of the authority, in the circuit or superior court of the county in which the real property is located.

As added by P.L.214-2005, SEC.6.
Ind. Code § 5-1-5-2 — Indiana Code / Title 5 / Article 1 / Chapter 5 / Section 5-1-5-2
Issuance of bonds to refund outstanding bonds
Status: in_force

Sec. 2. (a) The governing body of any issuing body may by ordinance provide for the issuance of bonds to refund outstanding bonds issued at any time by such issuing body or its predecessor, and to pay redemption premiums and costs of refunding to effect a saving to the issuing body. Issuance of bonds to refund outstanding bonds may also be made in order to pay or discharge all or any part of such outstanding series or issue of bond, including any interest thereon, in arrears or about to become due and for which sufficient funds are not available or to modify restrictive covenants in outstanding bonds impeding additional financing. To determine whether or not a savings will be effected, consideration shall be given to the estimated or known interest payable to the fixed maturities of the refunding bonds, the interest payable on the bonds to be refunded, the costs of issuance of the refunding bonds, including any sale discount, the redemption premiums, if any, to be paid, and the probable earned income from the investment of the refunding bond proceeds pending redemption of the bonds to be refunded.

(b) The provisions of subsection (a) requiring a savings to be effected do not apply to:

(1) the issuance of bonds to refund previously issued refunding bonds, if the statute under which the refunding bonds are issued expressly exempts such an issue from this savings requirement; or

(2) the issuance of refunding bonds by a school corporation that is an eligible school corporation under section 2.5 or 2.6 of this chapter.

Formerly: Acts 1973, P.L.28, SEC.1. As amended by Acts 1982, P.L.28, SEC.2; P.L.23-1984, SEC.1; P.L.229-2011, SEC.62; P.L.157-2026, SEC.14.
Ind. Code § 5-33.5-3-7 — Indiana Code / Title 5 / Article 33.5 / Chapter 3 / Section 5-33.5-3-7
Waiver of state sovereign immunity; conditions; application
Status: in_force

Sec. 7. (a) For purposes of this chapter only, the state may waive its immunity from suit in federal court under the Eleventh Amendment to the Constitution of the United States only if both of the following conditions are met:

(1) The agreement in dispute was entered into under this chapter.

(2) The agreement in dispute contains a provision that mandates arbitration providing the federal court jurisdiction under the Federal Arbitration Act (9 U.S.C. 1 et seq.) or a successor act that requires or may require arbitration.

(b) A waiver permitted under subsection (a) applies only to an action:

(1) to compel arbitration;

(2) to determine whether an issue is arbitrable; or

(3) to confirm an award entered by the arbitrator.

As added by P.L.108-2019, SEC.100.
Ind. Code § 5-10-1.1-3 — Indiana Code / Title 5 / Article 10 / Chapter 1.1 / Section 5-10-1.1-3
Effective and operative dates
Status: in_force

Sec. 3. A deferred compensation plan established under this chapter exists and serves in addition to other retirement, pension and benefit systems established by the state, or political subdivision, and may not effect a reduction of any retirement, pension or other benefit provided by applicable law. Any compensation deferred under such a plan shall continue to be included as regular compensation for the purpose of computing the retirement and pension benefits earned by any employee.

Formerly: Acts 1975, P.L.42, SEC.1. As amended by Acts 1977, P.L.51, SEC.1.
Ind. Code § 5-1-17.1-25 — Indiana Code / Title 5 / Article 1 / Chapter 17.1 / Section 5-1-17.1-25
Leases between authority and state agency
Status: in_force

Sec. 25. (a) Notwithstanding any other law, any capital improvement that may be leased by the authority to the stadium board under this chapter may also be leased by the authority to any state agency to accomplish the purposes of this chapter. Any lease between the authority and a state agency under this chapter:

(1) must set forth the terms and conditions of the use and occupancy under the lease;

(2) must set forth the amounts agreed to be paid at stated intervals for the use and occupancy under the lease;

(3) must provide that the state agency is not obligated to continue to pay for the use and occupancy under the lease but is instead required to vacate the facility if it is shown that the terms and conditions of the use and occupancy and the amount to be paid for the use and occupancy are unjust and unreasonable considering the value of the services and facilities thereby afforded;

(4) must provide that the state agency is required to vacate the facility if funds have not been appropriated or are not available to pay any sum agreed to be paid for use and occupancy when due;

(5) may provide for such costs as maintenance, operations, taxes, and insurance to be paid by the state agency;

(6) may contain an option to renew the lease;

(7) may contain an option to purchase the facility for an amount equal to the amount required to pay the principal and interest of indebtedness of the authority incurred on account of the facility and expenses of the authority attributable to the facility;

(8) may provide for payment of sums for use and occupancy of an existing capital improvement being used by the state agency, but may not provide for payment of sums for use and occupancy of a new capital improvement until the construction of the capital improvement or portion thereof has been completed and the new capital improvement or a portion thereof is available for use and occupancy by the state agency; and

(9) may contain any other provisions agreeable to the authority and the state agency.

(b) Any state agency that leases a capital improvement from the authority under this chapter may sublease the capital improvement to the stadium board under the terms and conditions set forth in section 13(a) of this chapter, section 13(b)(1) through 13(b)(4) of this chapter, section 13(b)(6) through 13(b)(8) of this chapter, and section 13(c) of this chapter.

(c) Notwithstanding any other law, in anticipation of the construction of any capital improvement and the lease of that capital improvement by the authority to a state agency, the authority may acquire an existing facility owned by the state agency and then lease the facility to the state agency. A lease made under this subsection shall describe the capital improvement to be constructed and may provide for the payment of rent by the state agency for the use of the existing facility. If such rent is to be paid pursuant to the lease, the lease shall provide that upon completion of the construction of the capital improvement, the capital improvement shall be substituted for the existing facility under the lease. The rent required to be paid by the state agency pursuant to the lease shall not constitute a debt of the state for purposes of the Constitution of the State of Indiana. A lease entered into under this subsection is subject to the same requirements for a lease entered into under subsection (a) with respect to both the existing facility and the capital improvement anticipated to be constructed.

(d) This chapter contains full and complete authority for leases between the authority and a state agency and subleases between a state agency and the stadium board. No laws, procedures, proceedings, publications, notices, consents, approvals, orders, or acts by the board, the governing body of any state agency or the stadium board or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any such lease or sublease, except as prescribed in this chapter.

As added by P.L.44-2026, SEC.1.
Ind. Code § 5-22-10-1 — Indiana Code / Title 5 / Article 22 / Chapter 10 / Section 5-22-10-1
Purchase without soliciting bids or proposals
Status: in_force

Sec. 1. Notwithstanding any other provision of this article, a purchasing agent may make a purchase under this chapter without soliciting bids or proposals.

As added by P.L.49-1997, SEC.1.
Ind. Code § 5-10.2-5-16 — Indiana Code / Title 5 / Article 10.2 / Chapter 5 / Section 5-10.2-5-16
Pension increases payable after June 30, 1987
Status: in_force

Sec. 16. (a) Subject to subsection (d), the pension portion (plus postretirement increases to the pension portion), provided by employer contributions, of the monthly benefit payable after June 30, 1987, to a member, or a survivor or beneficiary of a member, who retired or was disabled:

(1) before July 2, 1970, shall be increased by three percent (3%);

(2) after July 1, 1970, and before July 2, 1976, shall be increased by two percent (2%); and

(3) after July 1, 1976, and before July 2, 1981, shall be increased by one percent (1%).

(b) In addition to the increase specified in subsection (a), the pension portion (plus postretirement increases to the pension portion), provided by employer contributions, of the monthly benefit payable after June 30, 1987, to a member, or a survivor or beneficiary of a member, who retired or was disabled before July 2, 1985, shall, subject to subsection (d), be increased by one percent (1%).

(c) The increases specified in this section:

(1) shall be based upon the date of the member's latest retirement or disability;

(2) do not apply to benefits payable in a lump sum; and

(3) are in addition to any other increase provided by law.

(d) This section is applicable only if the general assembly provides sufficient funding for the increased cost of the benefits provided by this section.

As added by P.L.59-1987, SEC.1.
Ind. Code § 5-28-18-1 — Indiana Code / Title 5 / Article 28 / Chapter 18 / Section 5-28-18-1
"Federal income poverty level"
Status: in_force

Sec. 1. As used in this chapter, "federal income poverty level" means the nonfarm income official poverty line as determined annually by the federal Office of Management and Budget.

As added by P.L.4-2005, SEC.34.
Ind. Code § 5-2-6-11 — Indiana Code / Title 5 / Article 2 / Chapter 6 / Section 5-2-6-11
Repealed
Status: repealed

As added by P.L.46-1983, SEC.1. Amended by P.L.30-2019, SEC.7. Repealed by P.L.144-2024, SEC.9.
Ind. Code § 5-22-17-8 — Indiana Code / Title 5 / Article 22 / Chapter 17 / Section 5-22-17-8
Contract for supplies and services to implement EBT program
Status: in_force

Sec. 8. (a) As used in this section, "division" refers to the division of family resources established by IC 12-13-1-1.

(b) As used in this section, "EBT program" refers to an electronic benefits transfer program.

(c) Notwithstanding section 3 of this chapter, the division may enter into a contract for supplies and services to implement an EBT program for an initial period not to exceed five (5) years. The division may renew the contract for any number of successive periods not to exceed two (2) years each.

As added by P.L.49-1997, SEC.1. Amended by P.L.145-2006, SEC.15.
Ind. Code § 5-10-9-1 — Indiana Code / Title 5 / Article 10 / Chapter 9 / Section 5-10-9-1
"Municipal corporation" defined
Status: in_force

Sec. 1. As used in this chapter:

"Municipal corporation" means county, city, town, township, school corporation, library district, fire protection district, public transportation corporation, local hospital authority or corporation, local airport authority district, special service district, or other separate local governmental entity that may sue and be sued. The term does not include special taxing district.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.8, SEC.43.
Ind. Code § 5-11-1-7 — Indiana Code / Title 5 / Article 11 / Chapter 1 / Section 5-11-1-7
Field examiners; private examiners; state colleges and universities; experts
Status: in_force

Sec. 7. (a) The state examiner shall appoint assistants not exceeding the number required to administer this article. The assistants are to be known as "field examiners" and are at all times subject to the order and direction of the state examiner. Field examiners shall inspect and examine accounts of all state agencies, municipalities, and other governmental units, entities, or instrumentalities.

(b) The state examiner may engage or, in accordance with section 24 of this chapter, allow the engagement of private examiners to the extent the state examiner determines necessary to satisfy the requirements of this article. These examiners are subject to the direction of the state examiner while performing examinations under this article. The state examiner shall allow the engagement of private examiners for any state college or university subject to examination under this article if the state examiner finds that the private examiner is an independent certified public accountant firm with specific expertise in the financial affairs of educational organizations. The state examiner shall allow the engagement of private examiners for any development authority in accordance with IC 36-7.5-2-9 or IC 36-7.6-2-14, whichever applies. These private examiners are subject to the direction of the state examiner while performing examinations under this article.

(c) The state examiner may engage experts to assist the state board of accounts in carrying out its responsibilities under this article.

Formerly: Acts 1909, c.55, s.7. As amended by Acts 1980, P.L.30, SEC.6; P.L.3-1986, SEC.10; P.L.181-2015, SEC.11; P.L.213-2015, SEC.61; P.L.149-2016, SEC.19; P.L.257-2019, SEC.4.
Ind. Code § 5-13-10.5-16 — Indiana Code / Title 5 / Article 13 / Chapter 10.5 / Section 5-13-10.5-16
Interest from investments
Status: in_force

Sec. 16. Interest from the investment of the public funds of the state may not be paid personally or for the benefit of any public officer.

As added by P.L.18-1996, SEC.23.
Ind. Code § 5-10.4-4-11 — Indiana Code / Title 5 / Article 10.4 / Chapter 4 / Section 5-10.4-4-11
Member contributions to fund
Status: in_force

Sec. 11. (a) This section does not apply to a member who is reemployed more than thirty (30) days after the member's retirement in a position covered by the fund.

(b) Each member shall contribute to the fund three percent (3%) of the member's compensation as set forth in IC 5-10.2-3. However, the member's employer may pay the contribution on behalf of the member.

(c) If a member's employer elects to pay the members' contributions for its employees, the employer must initiate the payments as part of salary and fringe benefit adjustments provided to these employees.

[Pre-2006 Education Finance Recodification Citation: 21-6.1-4-9.]

As added by P.L.2-2006, SEC.28. Amended by P.L.72-2007, SEC.8; P.L.76-2008, SEC.5.
Ind. Code § 5-32-1-1 — Indiana Code / Title 5 / Article 32 / Chapter 1 / Section 5-32-1-1
Repealed
Status: repealed

As added by P.L.128-2014, SEC.1. Amended by P.L.178-2018, SEC.1. Repealed by P.L.204-2019, SEC.1.
Ind. Code § 5-28-43-13 — Indiana Code / Title 5 / Article 28 / Chapter 43 / Section 5-28-43-13
Authorization to form a strategic review committee
Status: in_force

Sec. 13. (a) The board may form a strategic review committee to review applications that are submitted under this chapter.

(b) The board may invite employees of state agencies and outside experts to:

(1) sit on the strategic review committee; or

(2) present analysis or opinions about any aspect of an application under review.

An employee of a state agency who sits on the strategic review committee or otherwise participates in the review of an application may not receive compensation for the employee's service on the strategic review committee or participation with the strategic review committee.

As added by P.L.201-2023, SEC.88.
Ind. Code § 5-28-6-4 — Indiana Code / Title 5 / Article 28 / Chapter 6 / Section 5-28-6-4
Job creation incentive package; weight given to areas with dislocated workers
Status: in_force

Sec. 4. The board, the corporation, and the officers and employees of the board or corporation, when developing job creation incentive packages to locate companies in Indiana, shall give weight, in the awarding or approving of job creation incentives, to business entities that locate in an area where individuals have become dislocated workers due to a permanent closure of a plant or facility or a significant reduction in the workforce.

As added by P.L.110-2010, SEC.7.
Ind. Code § 5-32-5-3 — Indiana Code / Title 5 / Article 32 / Chapter 5 / Section 5-32-5-3
Information about bidders submitted with bid
Status: in_force

Sec. 3. Each bidder must submit under oath as a part of the bid a statement of the following information:

(1) The bidder's professional experience.

(2) The bidder's proposed plan for performing the work.

(3) The equipment and personnel available for the performance of the work.

(4) The bidder's current financial status.

(5) The bidder's best estimate of the cost of each item of work to be performed, including a breakdown of all labor and materials required to complete the work.

As added by P.L.128-2014, SEC.1.
Ind. Code § 5-10-8.5-5 — Indiana Code / Title 5 / Article 10 / Chapter 8.5 / Section 5-10-8.5-5
"Employer"
Status: in_force

Sec. 5. As used in this chapter, "employer" means the following:

(1) For an elected officer, appointed officer, or employee of the executive branch of state government who is a participant in the retirement medical benefits account, the state, including any board, commission, department, division, authority, institution, establishment, facility, or governmental unit under the supervision of the state, having a payroll in relation to persons it immediately employs.

(2) For a member of the general assembly or an employee of the legislative branch of state government:

(A) the president pro tempore of the senate, for a member or an employee of the senate;

(B) the speaker of the house, for a member or an employee of the house of representatives; or

(C) the personnel subcommittee of the legislative council, for an employee of the legislative services agency.

(3) For:

(A) a justice;

(B) a judge;

(C) a prosecuting attorney;

(D) an officer described under section 1(a)(5) of this chapter; or

(E) an employee of the judicial branch of state government, including an employee of any board, commission, department, division, authority, institution, establishment, facility, or governmental unit under the supervision of the judicial branch, having a payroll in relation to persons it immediately employs;

the Indiana supreme court.

As added by P.L.44-2007, SEC.1. Amended by P.L.229-2011, SEC.71.
Ind. Code § 5-28-20-1 — Indiana Code / Title 5 / Article 28 / Chapter 20 / Section 5-28-20-1
"Approved lender"
Status: in_force

Sec. 1. As used in this chapter, "approved lender" means any:

(1) lending institution; or

(2) bank, trust company, building and loan association, or credit union;

that is approved by the corporation as a lender under this chapter.

As added by P.L.4-2005, SEC.34.
Ind. Code § 5-22-21-6 — Indiana Code / Title 5 / Article 22 / Chapter 21 / Section 5-22-21-6
Commissioner to adopt procedures
Status: in_force

Sec. 6. The commissioner shall adopt a procedure requiring the following:

(1) Each state agency shall notify the department of surplus property.

(2) The department shall inspect the surplus property and determine if the property is usable by other state agencies.

(3) A state agency that requests the purchase of:

(A) new property; or

(B) material to be used for rehabilitation programs;

shall accept by transfer or purchase surplus property that is usable by a state agency instead of purchasing new property or materials.

(4) Property that is not usable by other state agencies may be:

(A) sold under section 7 or 7.5 of this chapter or IC 5-22-22;

(B) demolished, discarded, donated under section 7.6 of this chapter, or junked if the property has no market value; or

(C) disposed of if the property can be recycled in conjunction with a program administered by the department to promote recycling of property, the components of property, or the materials of property.

As added by P.L.49-1997, SEC.1.
Ind. Code § 5-10.2-10-9 — Indiana Code / Title 5 / Article 10.2 / Chapter 10 / Section 5-10.2-10-9
"Inactive business operations"
Status: in_force

Sec. 9. As used in this chapter, "inactive business operations" means the mere continued holding or renewal of rights to property previously operated to generate revenues but not presently deployed for that purpose.

As added by P.L.67-2009, SEC.1.
Ind. Code § 5-28-28-8 — Indiana Code / Title 5 / Article 28 / Chapter 28 / Section 5-28-28-8
Incentive recapture; waiver or modification
Status: in_force

Sec. 8. (a) As used in this section, "recapture provision" means language that requires the recipient of an incentive to repay some part of the incentive.

(b) The corporation may waive or modify a recapture provision of this article or an agreement made with a person to whom the corporation has awarded an incentive if the corporation determines that the recipient of an incentive awarded by the corporation has failed to meet a condition for receiving the incentive because of circumstances beyond the recipient's control, including:

(1) natural disaster;

(2) unforeseen industry trends;

(3) lack of available labor force;

(4) loss of a major supplier or market; or

(5) another circumstance beyond the recipient's control, as determined by the corporation.

As added by P.L.110-2010, SEC.13.
Ind. Code § 5-4-4-5 — Indiana Code / Title 5 / Article 4 / Chapter 4 / Section 5-4-4-5
Repealed
Status: repealed

Formerly: Acts 1852, 1RS, c.12, s.5. Repealed by P.L.1-1990, SEC.53.
Ind. Code § 5-34-1-9 — Indiana Code / Title 5 / Article 34 / Chapter 1 / Section 5-34-1-9
Repayment agreement
Status: in_force

Sec. 9. (a) INvestED Indiana shall require an individual who receives an award from the fund to enter into an agreement for repayment of the award.

(b) An agreement for repayment of an award from the fund is subject to the following:

(1) The agreement may not require the individual to make repayments during any period in which the individual is earning a lower annualized income than the individual earned in the taxable year immediately preceding the individual's enrollment in the qualified education program.

(2) The agreement may not require the individual to make repayments unless the individual is earning an annualized income that is not less than seventy-five percent (75%) of Indiana median household income.

(3) The total award repayment amount may not exceed the initial principal amount of the award.

(4) The recipient of an award may not be charged interest on the award.

(5) Award repayment installment amounts may not exceed five percent (5%) of the individual's monthly income. However, the individual may voluntarily choose to pay more than the repayment installment amount.

As added by P.L.165-2021, SEC.65.
Ind. Code § 5-28-14-9 — Indiana Code / Title 5 / Article 28 / Chapter 14 / Section 5-28-14-9
Qualification for assistance
Status: in_force

Sec. 9. To qualify for financial assistance under this chapter, a small business concern must:

(1) apply to the corporation for approval to participate in a trade show or trade mission in the form and by the time specified by the corporation;

(2) establish to the satisfaction of the corporation that participation in the trade show or trade mission will enhance the export opportunities of products produced in Indiana by the small business concern;

(3) maintain adequate records of the expenses incurred by the small business concern to participate in a trade show or trade mission;

(4) certify to the corporation the amount of financial assistance, if any, received by the small business concern from a trade show promotion program or trade mission program other than the program established by this chapter; and

(5) provide to the corporation, on request:

(A) the records of the expenses related to the small business concern's participation in a trade show or trade mission; and

(B) information regarding the effectiveness of the program established by this chapter in enhancing the export opportunities of the small business concern.

As added by P.L.4-2005, SEC.34. Amended by P.L.145-2016, SEC.9.
Ind. Code § 5-33-4-4 — Indiana Code / Title 5 / Article 33 / Chapter 4 / Section 5-33-4-4
Chairperson
Status: in_force

Sec. 4. The governor or the designee of the governor is the board chair.

As added by P.L.78-2019, SEC.5.
Ind. Code § 5-10.2-2-22 — Indiana Code / Title 5 / Article 10.2 / Chapter 2 / Section 5-10.2-2-22
Retirement plans offered by miscellaneous participating entity that withdraws from or freezes participation in public employees' retirement fund
Status: in_force

Sec. 22. (a) This section applies to a miscellaneous participating entity that:

(1) either:

(A) withdraws from the public employees' retirement fund under section 20 of this chapter; or

(B) freezes its participation in the public employees' retirement fund as described in section 21 of this chapter; and

(2) chooses thereafter to offer a retirement plan to its employees.

(b) Except as provided in subsection (c), a miscellaneous participating entity to which this section applies may offer a retirement plan to its employees only by participating in the defined contribution plan under IC 5-10.3-12.

(c) If, on July 1, 2015, a miscellaneous participating entity to which this section applies has established or is otherwise participating in a defined contribution plan other than the defined contribution plan under IC 5-10.3-12, the miscellaneous participating entity may continue to participate in the defined contribution plan in which the miscellaneous participating entity participated on July 1, 2015.

As added by P.L.241-2015, SEC.7.
Ind. Code § 5-1.2-2-80 — Indiana Code / Title 5 / Article 1.2 / Chapter 2 / Section 5-1.2-2-80
"Volume cap"
Status: in_force

Sec. 80. "Volume cap", as it relates to a year, means the maximum dollar amount of bonds that may be issued by issuers within that year under Section 146 of the Internal Revenue Code.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-28-40-1 — Indiana Code / Title 5 / Article 28 / Chapter 40 / Section 5-28-40-1
"Eligible small business"
Status: in_force

Sec. 1. As used in this chapter, "eligible small business" means a business entity that:

(1) is authorized to transact business in Indiana;

(2) maintains a majority of its business operations within Indiana; and

(3) employs not more than one hundred fifty (150) persons.

As added by P.L.158-2019, SEC.3.
Ind. Code § 5-26.5-1-8 — Indiana Code / Title 5 / Article 26.5 / Chapter 1 / Section 5-26.5-1-8
"Sexual assault"
Status: in_force

Sec. 8. "Sexual assault" means conduct that constitutes:

(1) an offense under IC 35-42-4 (sex crimes) or IC 35-46-1-3 (incest);

(2) an offense under the laws of:

(A) the United States;

(B) another state; or

(C) an Indian tribe;

that is substantially similar to an offense described in subdivision (1); or

(3) an attempt or conspiracy to engage in conduct described in subdivision (1) or (2);

regardless of whether the conduct results in criminal prosecution or whether the person who engages in the conduct is an adult.

As added by P.L.133-2002, SEC.9. Amended by P.L.1-2003, SEC.20; P.L.149-2020, SEC.9.
Ind. Code § 5-10.2-10-8 — Indiana Code / Title 5 / Article 10.2 / Chapter 10 / Section 5-10.2-10-8
"Fund"
Status: in_force

Sec. 8. As used in this chapter, "fund" refers to the following:

(1) The Indiana state teachers' retirement fund.

(2) The public employees' retirement fund.

As added by P.L.67-2009, SEC.1.
Ind. Code § 5-20-3-4 — Indiana Code / Title 5 / Article 20 / Chapter 3 / Section 5-20-3-4
Establishment of mutual housing association; articles of incorporation
Status: in_force

Sec. 4. (a) A mutual housing association may be established as a nonprofit corporation incorporated under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 to prevent and eliminate neighborhood deterioration and to preserve neighborhood stability by:

(1) providing high quality, long term housing for families of low and moderate income; and

(2) affording community and residential involvement in the provision of that housing.

(b) The articles of incorporation of a mutual housing association must be approved by the authority.

(c) The articles of incorporation of a mutual housing association must include a provision that provides that if the mutual housing association dissolves, is involved in a bankruptcy proceeding, or otherwise disposes of its physical properties, the association may only transfer the assets to another entity that provides high quality long term housing for families of low and moderate income.

As added by P.L.69-1989, SEC.3. Amended by P.L.179-1991, SEC.8; P.L.1-1992, SEC.12; P.L.1-2006, SEC.108 and P.L.181-2006, SEC.23; P.L.145-2008, SEC.8.
Ind. Code § 5-3-1-7 — Indiana Code / Title 5 / Article 3 / Chapter 1 / Section 5-3-1-7
Repealed
Status: repealed

Formerly: Acts 1927, c.96, s.7; Acts 1949, c.123, s.1. Repealed by Acts 1981, P.L.45, SEC.105.
Ind. Code § 5-14-3-4.9 — Indiana Code / Title 5 / Article 14 / Chapter 3 / Section 5-14-3-4.9
Ports of Indiana negotiation records excepted from disclosure; disclosure of final offers
Status: in_force

Sec. 4.9. (a) Records relating to negotiations between the ports of Indiana and industrial, research, or commercial prospects are excepted from section 3 of this chapter at the discretion of the ports of Indiana if the records are created while negotiations are in progress.

(b) Notwithstanding subsection (a), the terms of the final offer of public financial resources communicated by the ports of Indiana to an industrial, a research, or a commercial prospect shall be available for inspection and copying under section 3 of this chapter after negotiations with that prospect have terminated.

(c) When disclosing a final offer under subsection (b), the ports of Indiana shall certify that the information being disclosed accurately and completely represents the terms of the final offer.

As added by P.L.98-2008, SEC.5.
Ind. Code § 5-28-29-6 — Indiana Code / Title 5 / Article 28 / Chapter 29 / Section 5-28-29-6
"Early loan"
Status: in_force

Sec. 6. As used in this chapter, "early loan" means an enrolled loan when at the time of its enrollment the total amount of previously enrolled loans made by the lender under the program was less than five million dollars ($5,000,000).

As added by P.L.162-2007, SEC.24.
Ind. Code § 5-30-1-6 — Indiana Code / Title 5 / Article 30 / Chapter 1 / Section 5-30-1-6
"Design criteria package"
Status: in_force

Sec. 6. "Design criteria package" means a set of documents that provides sufficient information to permit an offeror to prepare a proposal in response to a public agency's request for proposals.

As added by P.L.74-2005, SEC.1.
Ind. Code § 5-30-8-2 — Indiana Code / Title 5 / Article 30 / Chapter 8 / Section 5-30-8-2
Replacement of subcontractor for primary design services and construction services
Status: in_force

Sec. 2. (a) A person identified under IC 5-30-7-1(2) as a person with whom the design-builder proposes to enter into subcontracts for primary design services and primary construction services under the design-build contract may not be replaced without the approval of the public agency and a written determination by the public agency that a legitimate reason exists for the replacement.

(b) If a design-builder violates subsection (a), the public agency may cancel the award of or may terminate a design-build contract.

As added by P.L.74-2005, SEC.1.
Ind. Code § 5-11-20-7 — Indiana Code / Title 5 / Article 11 / Chapter 20 / Section 5-11-20-7
Annual presentation by a county police department
Status: in_force

Sec. 7. (a) This section applies only to a county police force pension trust and trust fund authorized under IC 36-8.

(b) This section does not apply to a county having a consolidated city.

(c) The county police department or the department's designee shall make an annual presentation on the information contained in a report under section 3 of this chapter for the county's immediately preceding fiscal year to the county council.

(d) A presentation described in subsection (c) must occur not later than two (2) months before the date of a public hearing on the proposed budget of the county.

As added by P.L.21-2025, SEC.1.
Ind. Code § 5-10-1.1-8 — Indiana Code / Title 5 / Article 10 / Chapter 1.1 / Section 5-10-1.1-8
Supplemental effect of chapter
Status: in_force

Sec. 8. This chapter shall be supplemental and in addition to all other laws. The powers and duties given to the state and its political subdivisions in this chapter shall be in addition to those given by any other law and shall not be subject to the limitations set out in the other law.

Formerly: Acts 1975, P.L.42, SEC.1. As amended by P.L.136-2018, SEC.32.
Ind. Code § 5-26.5-3-2 — Indiana Code / Title 5 / Article 26.5 / Chapter 3 / Section 5-26.5-3-2
Disclosure of confidential information
Status: in_force

Sec. 2. (a) The office of the attorney general may not disclose for public inspection or copying the name, address, telephone number, or any other identifying information relating to a program participant that is declared confidential under IC 5-26.5-2-3(b), as contained in a record created under this chapter, except as follows:

(1) When requested by a law enforcement agency, to the law enforcement agency.

(2) When directed by a court order, to a person identified in the order.

(b) The office of the attorney general may verify a program participant's status as a participant as necessary to carry out the purposes of this article.

As added by P.L.273-2001, SEC.3. Amended by P.L.133-2002, SEC.17; P.L.149-2020, SEC.16.
Ind. Code § 5-1-4-23 — Indiana Code / Title 5 / Article 1 / Chapter 4 / Section 5-1-4-23
Liberal construction
Status: in_force

Sec. 23. Liberal Construction. This chapter being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.

Formerly: Acts 1971, P.L.41, SEC.1; Acts 1972, P.L.10, SEC.1.
Ind. Code § 5-2-18.2-11 — Indiana Code / Title 5 / Article 2 / Chapter 18.2 / Section 5-2-18.2-11
Immigration and Customs Enforcement; training
Status: in_force

Sec. 11. The department of correction shall, in consultation with the attorney general, identify options for training concerning:

(1) cooperation between county jails and the United States Immigration and Customs Enforcement; and

(2) procedures for the implementation of section 9 of this chapter.

As added by P.L.106-2026, SEC.10.
Ind. Code § 5-28-5-1 — Indiana Code / Title 5 / Article 28 / Chapter 5 / Section 5-28-5-1
Economic development functions
Status: in_force

Sec. 1. The corporation shall carry out the economic development functions of the state in conformity with the laws enacted by the general assembly.

As added by P.L.4-2005, SEC.34.
Ind. Code § 5-2-23-1 — Indiana Code / Title 5 / Article 2 / Chapter 23 / Section 5-2-23-1
Application
Status: in_force

Sec. 1. (a) This chapter does not apply to a person who has received, in any jurisdiction, an award for restitution or damages concerning a conviction, or a conviction's underlying criminal investigation, against the state of Indiana or a political subdivision and any applicable state agency, official, member, officer, agent, or employee, or the successor to any of those individuals, as applicable.

(b) Subject to subsection (a), this chapter applies to a person:

(1) sentenced to the department of correction or a county jail as the result of a criminal conviction;

(2) who is pardoned by the governor, or whose conviction is vacated, reversed, or set aside;

(3) who is actually innocent; and

(4) who has not:

(A) previously applied for restitution under this chapter for the same conviction or any associated criminal investigation; or

(B) received compensation in any form from the state of Indiana or a political subdivision for claims related to the conviction or any associated criminal investigation.

As added by P.L.165-2019, SEC.1.
Ind. Code § 5-1.2-2-14 — Indiana Code / Title 5 / Article 1.2 / Chapter 2 / Section 5-1.2-2-14
"County"
Status: in_force

Sec. 14. "County", for purposes of financing health facility property under IC 5-1.2-7, means any county in the state that owns and operates a county hospital.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-28-2-4 — Indiana Code / Title 5 / Article 28 / Chapter 2 / Section 5-28-2-4
"Economic development"
Status: in_force

Sec. 4. "Economic development" refers to the purposes described in IC 5-28-1-1.

As added by P.L.4-2005, SEC.34.
Ind. Code § 5-2-6-5 — Indiana Code / Title 5 / Article 2 / Chapter 6 / Section 5-2-6-5
Board of trustees; duties; meetings; compensation; research and information consortium
Status: in_force

Sec. 5. (a) The institute is composed of:

(1) the trustees; and

(2) the staff of the institute.

(b) The trustees, in conjunction with the staff of the institute, shall:

(1) evaluate and disseminate to the public information concerning the cost and effectiveness of the criminal and juvenile justice systems;

(2) promote coordination and cooperation for the effective administration of the criminal and juvenile justice systems;

(3) establish plans for the criminal and juvenile justice systems and make recommendations concerning the implementation of these plans;

(4) receive, expend, and account for state and federal funds made available for the purposes of this chapter;

(5) apply for, accept, and administer gifts and grants (which must be administered as public funds) consistent with the purposes of this chapter;

(6) enter into lawful agreements as required for receiving gifts, grants, or other funds for the purposes of this chapter;

(7) employ a director; and

(8) adopt rules, under IC 4-22-2, necessary to carry out the purposes of this chapter.

(c) The trustees shall meet quarterly and at such times as called by the chairman. A majority of the trustees constitutes a quorum for doing business. A majority vote of the trustees is required for passage of any matter put to a vote. The trustees shall establish procedures and requirements with respect to the place and conduct of their meetings.

(d) A trustee who is a state employee is not entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b) while performing the trustee's duties. However, the trustee is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the trustee's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.

(e) A trustee who is not a state employee is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b) while performing the trustee's duties. The trustee is also entitled to reimbursement for mileage, traveling expenses, and other expenses actually incurred in connection with the trustee's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.

(f) Each trustee advisor who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees created by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.

(g) Expenses paid under subsections (d) and (e) shall be paid from appropriations made to the institute.

As added by P.L.46-1983, SEC.1. Amended by P.L.46-1993, SEC.2; P.L.2-2007, SEC.76; P.L.3-2008, SEC.19; P.L.100-2012, SEC.14; P.L.42-2024, SEC.61; P.L.144-2024, SEC.5.
Ind. Code § 5-16-5-2 — Indiana Code / Title 5 / Article 16 / Chapter 5 / Section 5-16-5-2
Payment bonds; payment provisions in contracts; statements of amount due; suits on bond; application of statute to bonds and claims on state highway projects; waiver of bond requirements for certain state educational institution projects
Status: in_force

Sec. 2. (a) A contract awarded for a public work must provide for the payment of subcontractors, labor, suppliers of materials, and those performing service in connection with the public work. The contract must provide for the payment of subcontractors by withholding by the public body funds sufficient from the contract price to pay the subcontractors, labor, suppliers of materials, and those furnishing service in relation to or in connection with the public work. The contractor shall execute a bond to the state, approved by the public body in an amount equal to the total contract price. However, a contractor is not required to execute a bond under this section in the case of a contract entered into by a state educational institution, if the amount to be paid under the contract is less than five hundred thousand dollars ($500,000) and the state educational institution agrees to waive the requirement. The bond shall be conditioned for payment by the contractor, the contractor's successors and assigns, and by the subcontractors, their successors and assigns, of all indebtedness, which may accrue to any person for any labor or service performed, materials furnished, or service rendered in the public work. The bond by its terms shall be conditioned to directly inure to the benefit of subcontractors, laborers, suppliers of materials, and those performing service who have furnished or supplied labor, material, or service for the public work.

(b) The bond required under subsection (a) shall be deposited with the public body for the benefit of a person interested in and entitled to the bond. The bond shall be conditioned that:

(1) a change, modification, omission, or addition in and to the terms or conditions of the contract, plans, specifications, drawings, or profile; or

(2) any irregularity or defect in the contract or in the proceedings preliminary to the letting and awarding of the contract;

does not affect or operate to release or discharge the surety.

(c) The provisions of this chapter become a part of the terms of a contract awarded under this chapter. A bond for a public work is subject to this chapter.

(d) A person to whom money is due for having performed labor or having furnished material or service for a public work under this chapter must, not later than sixty (60) days after that person completed the labor or service or after that person furnished the last item of material:

(1) file with the public body duplicate verified statements of the amount due to the person; and

(2) deliver a copy of the statement to the contractor.

The public body shall deliver to the surety on the bond one (1) of the duplicate statements. The failure to deliver a duplicate statement by the public body does not affect or invalidate the rights of the person to whom money is due, nor does the failure to deliver a duplicate statement operate as a defense for the surety.

(e) A suit may not be brought against a surety on a bond under this section before thirty (30) days after both of the following have occurred:

(1) The filing of the verified duplicate statement.

(2) A copy of the notice has been delivered to the contractor.

If the indebtedness is not paid in full after thirty (30) days, the person, may bring an action in a court of competent jurisdiction upon the bond. The action must be brought not later than sixty (60) days after the date of the final completion and acceptance of the public work. An action on the bond against a surety is barred if not brought within this time.

(f) IC 8-23-9, and not this chapter, applies to bonds and claims on state highway road and bridge contracts.

Formerly: Acts 1911, c.173, s.2; Acts 1925, c.44, s.2; Acts 1931, c.168, s.2; Acts 1933, c.258, s.2. As amended by Acts 1980, P.L.74, SEC.11; Acts 1981, P.L.57, SEC.11; P.L.18-1990, SEC.13; P.L.8-1993, SEC.63; P.L.75-2012, SEC.8; P.L.135-2017, SEC.1.
Ind. Code § 5-3-2-3 — Indiana Code / Title 5 / Article 3 / Chapter 2 / Section 5-3-2-3
Repealed
Status: repealed

Formerly: Acts 1939, c.84, s.3. Repealed by Acts 1978, P.L.2, SEC.521.
Ind. Code § 5-16-11-1 — Indiana Code / Title 5 / Article 16 / Chapter 11 / Section 5-16-11-1
"Clerk" defined
Status: in_force

Sec. 1. As used in this chapter, "clerk" has the meaning set forth in IC 36-1-2-4.

As added by P.L.73-1989, SEC.1.
Ind. Code § 5-1.2-4-1 — Indiana Code / Title 5 / Article 1.2 / Chapter 4 / Section 5-1.2-4-1
Powers of Indiana finance authority
Status: in_force

Sec. 1. (a) The authority is granted all powers necessary or appropriate to carry out and effectuate its public and corporate purposes under the referenced statutes, including the following:

(1) Have perpetual succession as a body politic and corporate and an independent instrumentality exercising essential public functions.

(2) Without complying with IC 4-22-2, adopt, amend, and repeal bylaws, rules, guidelines, and policies not inconsistent with the referenced statutes, and necessary or convenient to regulate its affairs and to carry into effect the powers, duties, and purposes of the authority and conduct its business under the referenced statutes. These bylaws, rules, guidelines, and policies must be made by a resolution of the authority introduced at one (1) meeting and approved at a subsequent meeting of the authority.

(3) Sue and be sued in its own name.

(4) Have an official seal and alter it at will.

(5) Maintain an office or offices at a place or places within the state as it may designate.

(6) Make, execute, and enforce contracts and all other instruments necessary, convenient, or desirable for the purposes of the authority or pertaining to:

(A) a purchase, acquisition, or sale of securities or other investments; or

(B) the performance of the authority's duties and execution of any of the authority's powers under the referenced statutes.

(7) Employ architects, engineers, attorneys, space planners, construction managers, inspectors, accountants, agriculture experts, silviculture experts, aquaculture experts, health care experts, and financial experts, and any other advisers, consultants, and agents as may be necessary in its judgment and to fix their compensation and contract for the creation of plans and specifications for a facility.

(8) Procure insurance against any loss in connection with its property and other assets, including loans and loan notes in amounts and from insurers as it may consider advisable.

(9) Borrow money, make guaranties, issue bonds, and otherwise incur indebtedness for any of the authority's purposes, and issue debentures, notes, or other evidence of indebtedness, whether secured or unsecured, to any person, as provided by the referenced statutes. Notwithstanding any other law, the:

(A) issuance by the authority of any indebtedness that establishes a procedure for the authority or a person acting on behalf of the authority to certify to the general assembly the amount needed to restore a debt service reserve fund or another fund to required levels; or

(B) execution by the authority of any other agreement that creates a moral obligation of the state to pay all or part of any indebtedness issued by the authority;

is subject to review by the budget committee and approval by the budget director.

(10) Procure insurance or guaranties from any public or private entities, including any department, agency, or instrumentality of the United States, to guarantee, insure, coinsure, and reinsure against political and commercial risk of loss, and any other insurance the authority considers necessary, including insurance to secure payment:

(A) on a loan, lease, or purchase payment owed by a participating provider to the authority; and

(B) of any bonds issued by the authority, including the power to pay premiums on any insurance, reinsurance, or guarantee.

(11) Purchase, receive, take by grant, gift, devise, bequest, or otherwise, and accept, from any source, aid or contributions of money, property, labor, or other things of value to be held, used, and applied to carry out the purposes of the referenced statutes, subject to the conditions upon which the grants or contributions are made, including but not limited to gifts or grants from any department, agency, or instrumentality of the United States, and lease (as lessee or lessor) or otherwise acquire, own, hold, improve, employ, use, or otherwise deal in and with real or personal property or any interest in real or personal property, wherever situated, for any purpose consistent with the referenced statutes.

(12) Enter into agreements with any department, agency, or instrumentality of the United States or this state and with lenders and enter into loan agreements, sales contracts, financial assistance agreements, and leases with contracting parties, including participants for any purpose allowed under IC 5-1.2-10, IC 5-1.2-11, IC 5-1.2-14, or IC 5-1.2-14.5, borrowers, lenders, developers, or users, for the purpose of planning, regulating, and providing for the financing and refinancing of any economic development project, for any purpose allowed under IC 5-1.2-10, IC 5-1.2-11, IC 5-1.2-14, or IC 5-1.2-14.5, or intrastate and interstate sales, transactions and business activities or international exports, and distribute data and information concerning the encouragement and improvement of economic development projects, intrastate and interstate sales, transactions and business activities, international exports, and other types of employment in the state undertaken with the assistance of the authority under this article.

(13) Enter into contracts or agreements with lenders and lessors for the servicing and processing of loans and leases pursuant to the referenced statutes.

(14) Provide technical assistance to local public bodies and to for profit and nonprofit entities in the development or operation of economic development projects.

(15) To the extent allowed under its contract with the holders of the bonds of the authority, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party.

(16) To the extent allowed under its contract with the holders of bonds of the authority, enter into contracts with any lender containing provisions enabling it to reduce the rental or carrying charges to persons unable to pay the regular schedule of charges when, by reason of other income or payment by any department, agency, or instrumentality of the United States or of this state, the reduction can be made without jeopardizing the economic stability of the economic development project being financed.

(17) Notwithstanding IC 5-13, but subject to the requirements of any trust agreement entered into by the authority, invest:

(A) the authority's money, funds, and accounts;

(B) any money, funds, and accounts in the authority's custody; and

(C) proceeds of bonds or notes;

in the manner provided by an investment policy established by resolution of the authority.

(18) Fix and revise periodically, and charge and collect, fees and charges as the authority determines to be reasonable in connection with:

(A) the authority's loans, guarantees, advances, insurance, commitments, and servicing; and

(B) the use of the authority's services or facilities.

(19) Cooperate and exchange services, personnel, and information with any federal, state, or local government agency, or instrumentality of the United States or this state.

(20) Sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority.

(21) Enter into agreements concerning, and acquire, hold, and dispose of by any lawful means, land or interests in land, building improvements, structures, personal property, franchises, patents, accounts receivable, loans, assignments, guarantees, and insurance needed for the purposes of the referenced statutes.

(22) Purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve economic development projects, including land, machinery, equipment, or any combination of these.

(23) Lease economic development projects to users or developers, with or without an option to purchase.

(24) Sell economic development projects to users or developers, for consideration to be paid in installments or otherwise.

(25) Make direct loans from the proceeds of the bonds to users or developers for:

(A) the cost of acquisition, construction, or installation of economic development projects, including land, machinery, equipment, or any combination of these; or

(B) eligible expenditures for an educational facility project;

with the loans to be secured by the pledge of one (1) or more bonds, notes, warrants, or other secured or unsecured debt obligations of the users or developers.

(26) Lend or deposit the proceeds of bonds to or with a lender for the purpose of furnishing funds to the lender to be used for making a loan to a developer or user for the financing of economic development projects under this article.

(27) Enter into agreements with users or developers to allow the users or developers, directly or as agents for the authority, to wholly or partially construct economic development projects to be leased from or to be acquired by the authority.

(28) Establish reserves from the proceeds of the sale of bonds, other funds, or both, in the amount determined to be necessary by the authority to secure the payment of the principal of and interest on the bonds.

(29) Adopt rules and guidelines governing its activities authorized under the referenced statutes.

(30) Purchase, discount, sell, and negotiate, with or without guaranty, notes and other evidence of indebtedness.

(31) Sell and guarantee securities.

(32) Procure letters of credit or other credit facilities or agreements from any national or state banking association or other entity authorized to issue a letter of credit or other credit facilities or agreements to secure the payment of any bonds issued by the authority or to secure the payment of any loan, lease, or purchase payment owed by a participating provider to the authority, including the power to pay the cost of obtaining such letter of credit or other credit facilities or agreements.

(33) Accept gifts, grants, or loans from, and enter into contracts or other transactions with, any federal or state agency, municipality, private organization, or other source.

(34) Sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of property or any interest in property, wherever the property is located.

(35) Reimburse from bond proceeds expenditures for economic development projects under this article.

(36) Acquire, hold, use, and dispose of the authority's income, revenues, funds, and money.

(37) Purchase, acquire, or hold debt securities or other investments for the authority's own account at prices and in a manner the authority considers advisable, and sell or otherwise dispose of those securities or investments at prices without relation to cost and in a manner the authority considers advisable.

(38) Fix and establish terms and provisions with respect to:

(A) a purchase of securities by the authority, including dates and maturities of the securities;

(B) redemption or payment before maturity; and

(C) any other matters that in connection with the purchase are necessary, desirable, or advisable in the judgment of the authority.

(39) To the extent allowed under the authority's contracts with the holders of bonds or notes, amend, modify, and supplement any provision or term of:

(A) a bond, a note, or any other obligation of the authority; or

(B) any agreement or contract of any kind to which the authority is a party.

(40) Subject to the authority's investment policy, do any act and enter into any agreement pertaining to a swap agreement (as defined in IC 8-9.5-9-4) related to the purposes of the referenced statutes in accordance with IC 8-9.5-9-5 and IC 8-9.5-9-7, whether the action is incidental to the issuance, carrying, or securing of bonds or otherwise.

(41) Do any act necessary or convenient to the exercise of the powers granted by the referenced statutes, or reasonably implied from those statutes, including compliance with requirements of federal law imposed from time to time for the issuance of bonds.

(42) Contract and collaborate with a state supported college or university to provide the research and extension program authorized by IC 5-1.2-11.5-10.

(43) Serve as the executive branch coordinator for funding allocated or made available to the state or local communities from federal, state, and other sources for purposes related to drinking water, wastewater, or storm water infrastructure and systems, as set forth in IC 5-1.2-11.5-9(a)(2).

(b) The authority's powers under this article shall be interpreted broadly to effectuate the purposes of this article and may not be construed as a limitation of powers. The omission of a power from the list in subsection (a) does not imply that the authority lacks that power. The authority may exercise any power that is not listed in subsection (a) but is consistent with the powers listed in subsection (a) to the extent that the power is not expressly denied by the Constitution of the State of Indiana or by another statute.

(c) This chapter does not authorize the financing of economic development projects for a developer unless any written agreement that may exist between the developer and the user at the time of the bond resolution is fully disclosed to and approved by the authority.

(d) The authority shall work with and assist the Indiana housing and community development authority created by IC 5-20-1-3, the ports of Indiana created under IC 8-10-1-3, and the state fair commission established by IC 15-13-2-1 in the issuance of bonds, notes, or other indebtedness. The Indiana housing and community development authority, the ports of Indiana, and the state fair commission shall work with and cooperate with the authority in connection with the issuance of bonds, notes, or other indebtedness.

As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.12; P.L.154-2021, SEC.7; P.L.18-2022, SEC.1.
Ind. Code § 5-10.2-14-8 — Indiana Code / Title 5 / Article 10.2 / Chapter 14 / Section 5-10.2-14-8
Prohibited actions
Status: in_force

Sec. 8. (a) Except as otherwise provided by law, the board may not make an investment decision with the purpose of:

(1) influencing any social or environmental policy; or

(2) attempting to influence the governance of any corporation for nonfinancial purposes.

(b) Except as otherwise provided by law, the system is prohibited from making an ESG commitment with respect to system assets, including without limitation in the selection of investments, selection of investment managers, management or oversight of investments, proxy voting, or shareholder engagement.

As added by P.L.206-2023, SEC.1.
Ind. Code § 5-10.2-5-26 — Indiana Code / Title 5 / Article 10.2 / Chapter 5 / Section 5-10.2-5-26
Pension increases payable after June 30, 1998
Status: in_force

Sec. 26. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after June 30, 1998, to a member of the public employees' retirement fund or the Indiana state teachers' retirement fund or a survivor or beneficiary of a member of the public employees' retirement fund or the Indiana state teachers' retirement fund who retired or was disabled:

(1) after July 1, 1983, and before July 2, 1995, shall be increased by two percent (2%);

(2) after July 1, 1975, and before July 2, 1983, shall be increased by three percent (3%); and

(3) before July 2, 1975, shall be increased by four percent (4%).

(b) The increases specified in this section:

(1) shall be based upon the date of the member's latest retirement or disability;

(2) do not apply to benefits payable in a lump sum; and

(3) are in addition to any other increase provided by law.

As added by P.L.45-1998, SEC.1.
Ind. Code § 5-10.4-4-3 — Indiana Code / Title 5 / Article 10.4 / Chapter 4 / Section 5-10.4-4-3
Creditable service earned under prior law
Status: in_force

Sec. 3. (a) Except as provided in subsection (b), a member who served the public schools in a capacity that subsequently was designated by the state as a service for which a license is specified, is eligible to receive service credit for the total length of that service.

(b) A member whose service was recognized as creditable on March 11, 1953, may receive for prior uncredited years served in the same capacity service credit that is not more than the minimum number of years required for a retirement benefit.

(c) If a person presents a claim for prior service in the form established by the board, the board shall issue to the person a certificate of the amount of prior service allowed by the board.

(d) A member may waive the member's rights to prior service, only if the waiver is made at the time of transfer to the fund.

(e) A member shall retain all service credit earned under the law before July 1, 1975.

[Pre-2006 Education Finance Recodification Citation: 21-6.1-4-3.]

As added by P.L.2-2006, SEC.28.
Ind. Code § 5-10.1-4-5 — Indiana Code / Title 5 / Article 10.1 / Chapter 4 / Section 5-10.1-4-5
Effect of negative vote in referenda
Status: in_force

Sec. 5. Effect of Negative Vote in Referenda. (a) If in a referendum the vote of the majority is negative, no member of the retirement system may be included in a modification of the agreement.

(b) A subsequent referendum may be conducted upon the request of the board or governing body. However, no subsequent referendum may be conducted until one (1) year after a prior referendum.

As added by Acts 1977, P.L.53, SEC.1.
Ind. Code § 5-16-13-14 — Indiana Code / Title 5 / Article 16 / Chapter 13 / Section 5-16-13-14
Investigation of suspected worker misclassification
Status: in_force

Sec. 14. (a) This section applies to a public works contract awarded after June 30, 2016.

(b) As used in this section, "department" refers to the department of workforce development established under IC 22-4.1-2-1.

(c) A public agency that is the owner of a public works project and suspects a misclassification of one (1) or more workers by a contractor in any contractor tier working on the public agency's public works project may request in writing that the department investigate the suspected worker misclassification. The public agency shall provide to the department any information or records that the public agency has concerning the misclassification.

(d) The department may investigate a request described in subsection (c). If the department finds information or records that support a finding that worker misclassification has occurred, the department may refer the matter to the appropriate agency or official for further action.

As added by P.L.252-2015, SEC.12.
Ind. Code § 5-1.2-8-23 — Indiana Code / Title 5 / Article 1.2 / Chapter 8 / Section 5-1.2-8-23
Promissory notes
Status: in_force

Sec. 23. (a) Any promissory notes received under section 22 of this chapter:

(1) must have the same principal amounts, maturities, and interest rates as the bonds being issued;

(2) may be secured by a first mortgage lien on the educational facility being financed or by a first mortgage lien on or security interest in other real or personal property or funds acceptable to the authority subject to any exceptions that the authority may approve and created by a mortgage instrument or security agreement satisfactory to the authority; and

(3) may be insured or guaranteed by others.

(b) Any bonds described in section 22 of this chapter must be payable solely out of the payments to be made on the promissory notes and under the corresponding agreement. Any bonds described in section 22 of this chapter may not exceed in principal amount the cost of the educational facility, as determined by the nonprofit college or university, or the necessary amount of these liability or other loss insurance reserves, and approved by the authority.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.5-1-2 — Indiana Code / Title 5 / Article 1.5 / Chapter 1 / Section 5-1.5-1-2
"Bank"
Status: in_force

Sec. 2. "Bank" refers to the Indiana bond bank established under IC 5-1.5-2-1.

As added by P.L.25-1984, SEC.1.
Ind. Code § 5-2-6.7-9 — Indiana Code / Title 5 / Article 2 / Chapter 6.7 / Section 5-2-6.7-9
Applications for grants
Status: in_force

Sec. 9. A city, town, county, or township or an entity that is exempted from the gross retail tax under IC 6-2.5-5-25(a)(1)(B) that desires to receive a grant under this chapter must apply in the manner prescribed by the rules of the division.

As added by P.L.130-2009, SEC.4. Amended by P.L.219-2023, SEC.4; P.L.118-2024, SEC.3.
Ind. Code § 5-28-26-4 — Indiana Code / Title 5 / Article 28 / Chapter 26 / Section 5-28-26-4
"Hub"
Status: in_force

Sec. 4. As used in this chapter, "hub" means a regional economic development project that is:

(1) selected by a district for development as a global commerce center; and

(2) designated as a global commerce center under this chapter.

As added by P.L.203-2005, SEC.2.
Ind. Code § 5-1.3-3-11 — Indiana Code / Title 5 / Article 1.3 / Chapter 3 / Section 5-1.3-3-11
Eminent domain; authorization
Status: in_force

Sec. 11. The IFA, the NWIRDA, or the NICTD may:

(1) in the manner provided by IC 32-24; or

(2) as otherwise required for a railroad federal aid project funded in any part under 49 U.S.C. 103, et seq.;

acquire by appropriation any land, rights-of-way, property, rights, easements, or other legal or equitable interests necessary or convenient for the construction or the efficient operation of any rail project. However, compensation for the property taken shall first be made in money as provided by IC 32-24 or as otherwise required for a railroad federal aid project funded in any part under 49 U.S.C. 103, et seq.

As added by P.L.189-2018, SEC.26.
Ind. Code § 5-1.2-9-13 — Indiana Code / Title 5 / Article 1.2 / Chapter 9 / Section 5-1.2-9-13
Report for proposed economic development project; plan commission; school superintendent
Status: in_force

Sec. 13. The authority shall prepare a report that:

(1) briefly describes the proposed economic development project;

(2) estimates the number and expense of public works or services that would be made necessary or desirable by the proposed economic development project, including public ways, schools, water, sewers, street lights, and fire protection;

(3) estimates the total costs of the proposed economic development project;

(4) for an economic development project that is not exclusively either a pollution control facility or an educational facility project, estimates the number of jobs and the payroll to be created or saved by the project;

(5) for educational facility projects, describes how the project promotes the educational enrichment (including cultural, intellectual, scientific, or artistic opportunities) of the people of the state; and

(6) for pollution control facilities, describes the facilities and how they will abate, reduce, or prevent pollution.

The report shall be submitted to the executive director or chair of the plan commission, if any, having jurisdiction over the economic development project and, if the number of new jobs estimated exceeds one hundred (100), to the superintendent of the school corporation where the economic development project will be located. The executive director or chair of the plan commission and the school superintendent may formulate their written comments concerning the report and transmit their comments, if any, to the authority within five (5) days after the receipt of the report.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-11-1-4 — Indiana Code / Title 5 / Article 11 / Chapter 1 / Section 5-11-1-4
Annual report required for approval of budget, supplemental appropriations or for issuance of debt
Status: in_force

Sec. 4. (a) The state examiner shall require from every audited entity financial reports covering the full period of each fiscal year. These reports shall be prepared, verified, and filed with the state examiner as set forth in the uniform compliance guidelines. The reports must be in the form and content prescribed by the state examiner and filed electronically in the manner prescribed under IC 5-14-3.8-7.

(b) The department of local government finance may not approve the budget of a political subdivision or a supplemental appropriation for a political subdivision until the political subdivision files an annual report under subsection (a) for the preceding calendar year.

(c) As used in this subsection, "bonds" means any bonds, notes, or other evidences of indebtedness, whether payable from property taxes, other taxes, revenues, fees, or any other source. However, the term does not include notes, warrants, or other evidences of indebtedness that have a maturity of not more than five (5) years and that are made in anticipation of and to be paid from revenues of the political subdivision. Notwithstanding any other law, a county or municipality may not issue any bonds unless the county or municipality has filed an annual financial report with the state examiner for the preceding fiscal year. The requirements under this subsection for the issuance of bonds by a county or municipality are in addition to any other requirements imposed under any other law. This subsection applies to the issuance of bonds authorized under any statute, regardless of whether that statute specifically references this subsection or the requirements under this subsection.

Formerly: Acts 1909, c.55, s.4. As amended by Acts 1980, P.L.30, SEC.4; P.L.3-1986, SEC.9; P.L.44-1991, SEC.1; P.L.50-2000, SEC.2; P.L.189-2005, SEC.1; P.L.176-2009, SEC.3; P.L.172-2011, SEC.11; P.L.137-2012, SEC.8; P.L.184-2015, SEC.5; P.L.244-2017, SEC.5; P.L.157-2020, SEC.3; P.L.59-2023, SEC.3.
Ind. Code § 5-1.2-9-6 — Indiana Code / Title 5 / Article 1.2 / Chapter 9 / Section 5-1.2-9-6
Offers
Status: in_force

Sec. 6. At the time fixed in the notice, the authority shall open and consider any offers received. All offers received shall be opened at public meetings of the authority and shall be kept open for public inspection.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-22-12-4 — Indiana Code / Title 5 / Article 22 / Chapter 12 / Section 5-22-12-4
Conditions for purchases
Status: in_force

Sec. 4. A governmental body shall purchase articles produced by the rehabilitation center under the same conditions as articles produced by the department of correction under IC 5-22-11, unless similar articles are produced by the governmental body.

As added by P.L.49-1997, SEC.1.
Ind. Code § 5-14-3-4.4 — Indiana Code / Title 5 / Article 14 / Chapter 3 / Section 5-14-3-4.4
Investigatory records, records relating to criminal intelligence information, records relating to public safety; agency actions; court actions
Status: in_force

Sec. 4.4. (a) This section applies to a request for a record that the public agency considers to be excepted from disclosure under section 4(b)(1) or 4(b)(25) of this chapter. The public agency may do either of the following:

(1) Deny disclosure of the record or a part of the record. The person requesting the information may appeal the denial under section 9 of this chapter.

(2) Refuse to confirm or deny the existence of the record, regardless of whether the record exists or does not exist, if the fact of the record's existence or nonexistence would reveal information that would:

(A) impede or compromise an ongoing law enforcement investigation or result in danger to an individual's safety, including the safety of a law enforcement officer or a confidential source; or

(B) reveal information that would have a reasonable likelihood of threatening public safety.

(b) This subsection applies to a request for a record that the public agency considers to be excepted from disclosure under section 4(b)(19) of this chapter. The agency may consult with the governor's security council established by IC 10-19-8.1-2 in formulating a response. The public agency may do either of the following:

(1) Deny disclosure of the record or a part of the record. The agency or the counterterrorism and security council shall provide a general description of the record being withheld and of how disclosure of the record would have a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack. The person requesting the information may appeal the denial under section 9 of this chapter.

(2) Refuse to confirm or deny the existence of the record regardless of whether the record exists or does not exist, if the fact of the record's existence or nonexistence would reveal information that would have a reasonable likelihood of threatening public safety.

(c) If a public agency does not respond to a request for a record under this section:

(1) within twenty-four (24) hours of receiving the request for a record from a person who:

(A) is physically present in the agency office;

(B) makes the request by telephone; or

(C) requests enhanced access to a document; or

(2) within seven (7) days of receiving the request for a record made by mail, by facsimile, or through an electronic portal under section 3.3 of this chapter;

the request for the record is deemed denied. The person requesting the information may appeal the denial under section 9 of this chapter.

(d) If a public agency refuses to confirm or deny the existence of a record under this section, the name and title or position of the person responsible for the refusal shall be given to the person making the records request.

(e) A person who has received a refusal from an agency to confirm or deny the existence of a record may file an action in the circuit or superior court of the county in which the response was received:

(1) to compel the public agency to confirm whether the record exists or does not exist; and

(2) if the public agency confirms that the record exists, to compel the agency to permit the person to inspect and copy the record.

(f) The court shall determine the matter de novo, with the burden of proof on the public agency to sustain its refusal to confirm or deny the existence of the record. The public agency meets its burden of proof by filing a public affidavit with the court that provides with reasonable specificity of detail, and not simply conclusory statements, the basis of the agency's claim that it cannot be required to confirm or deny the existence of the requested record. If the public agency meets its burden of proof, the burden of proof shifts to the person requesting access to the record. The person requesting access to the record meets the person's burden of proof by proving any of the following:

(1) The agency's justifications for not confirming the existence of the record contradict other evidence in the trial record.

(2) The agency is withholding the record in bad faith.

(3) An official with authority to speak for the agency has acknowledged to the public in a documented disclosure that the record exists. The person requesting the record must prove that the information requested:

(A) is as specific as the information previously disclosed; and

(B) matches the previously disclosed information.

(g) Either party may make an interlocutory appeal of the trial court's determination on whether the agency's refusal to confirm or deny the existence of the record was proper.

(h) If the court, after the disposition of any interlocutory appeals, finds that the agency's refusal to confirm or deny was improper, the court shall order the agency to disclose whether the record exists or does not exist. If the record exists and the agency claims that the record is exempt from disclosure under this chapter, the court may review the public record in camera to determine whether any part of the record may be withheld.

(i) In an action filed under this section, the court shall award reasonable attorney's fees, court costs, and other reasonable expenses of litigation to the prevailing party if:

(1) the plaintiff substantially prevails; or

(2) the defendant substantially prevails and the court finds the action was frivolous or vexatious.

A plaintiff is eligible for the awarding of attorney's fees, court costs, and other reasonable expenses regardless of whether the plaintiff filed the action without first seeking and receiving an informal inquiry response or advisory opinion from the public access counselor.

(j) A court that hears an action under this section may not assess a civil penalty under section 9.5 of this chapter in connection with the action.

As added by P.L.248-2013, SEC.4. Amended by P.L.249-2019, SEC.1; P.L.97-2026, SEC.4.
Ind. Code § 5-26-5-1 — Indiana Code / Title 5 / Article 26 / Chapter 5 / Section 5-26-5-1
"Communications system infrastructure" defined
Status: in_force

Sec. 1. As used in this chapter, "communications system infrastructure" means all or part of the infrastructure of the system described in IC 5-26-3, including:

(1) towers and the associated land, improvements, foundations, access roads and rights-of-way, structures, fencing, and equipment necessary, proper, or convenient to enable the tower to function as part of the system;

(2) the radio and network equipment necessary, proper, or convenient to transmit and receive voice and data communications; and

(3) any other necessary, proper, or convenient elements of the system.

As added by P.L.123-2002, SEC.14.
Ind. Code § 5-2-6.1-5 — Indiana Code / Title 5 / Article 2 / Chapter 6.1 / Section 5-2-6.1-5
Intoxicated
Status: in_force

Sec. 5. As used in this chapter, "intoxicated" has the meaning set forth in IC 9-13-2-86.

As added by P.L.47-1993, SEC.2.
Ind. Code § 5-2-18.2-9 — Indiana Code / Title 5 / Article 2 / Chapter 18.2 / Section 5-2-18.2-9
Immigration detainer request; defense to detainer; immunity
Status: in_force

Sec. 9. (a) Except as provided in subsection (b), a governmental body that has custody of an individual who is the subject of an immigration detainer request shall:

(1) provide to the judge authorized to grant or deny the individual's release on bail under IC 35-33-8-3.2 written notice that the individual is subject to an immigration detainer request;

(2) record in the individual's case file that the individual is subject to an immigration detainer request;

(3) comply with all requests made in the immigration detainer request; and

(4) inform the individual that the individual is being held pursuant to an immigration detainer request issued by an authorized immigration officer.

(b) An individual who is the subject of an immigration detainer request may challenge the immigration detainer request by claiming that:

(1) the individual has been misidentified and the correct subject of the immigration detainer request is not the individual; or

(2) the individual is a citizen of the United States and is not subject to removal.

After an individual makes either of these claims, the governmental body shall contact the authorized immigration officer to determine whether the individual has been misidentified or is a citizen of the United States.

(c) A governmental body or an employee of a governmental body is not criminally or civilly liable for any action taken in compliance with an immigration detainer request under this section as long as the action does not violate federal or state law.

As added by P.L.106-2026, SEC.8.
Ind. Code § 5-28-3-2 — Indiana Code / Title 5 / Article 28 / Chapter 3 / Section 5-28-3-2
Body corporate and politic; examination by independent certified public accounting firm; state board of accounts
Status: in_force

Sec. 2. (a) The corporation is a body politic and corporate, not a state agency but an independent instrumentality exercising essential public functions.

(b) Except as provided in IC 5-11-1-9(k), the corporation and the corporation's funds, accounts, and financial affairs shall be examined by the state board of accounts.

(c) The board may engage an independent certified public accounting firm to conduct an examination of:

(1) the corporation and the corporation's funds, accounts, and financial affairs; and

(2) a nonprofit subsidiary corporation established under IC 5-28-5-13.

The examination must comply with the uniform compliance guidelines, directives, and standards established by the state board of accounts. If an independent certified public accounting firm conducts an examination, the corporation shall submit a copy of the examination report to the state board of accounts not later than the next date on which the corporation is required to file its financial reports under IC 5-11-1-4.

As added by P.L.4-2005, SEC.34. Amended by P.L.181-2015, SEC.23; P.L.237-2017, SEC.14; P.L.209-2019, SEC.5; P.L.59-2023, SEC.17; P.L.58-2023, SEC.4.
Ind. Code § 5-1.2-15-3 — Indiana Code / Title 5 / Article 1.2 / Chapter 15 / Section 5-1.2-15-3
Fund administration
Status: in_force

Sec. 3. (a) In administering a fund, the authority shall do the following:

(1) Monitor applicable infrastructure finance needs and the availability and cost of capital.

(2) Provide financial management of investment pools and financial services associated with loans.

(3) Explore and evaluate capital financing techniques.

(4) Explore methods for the state to enhance the credit quality of bond issues of participants at a minimum cost to the state.

(b) The Indiana department of transportation, the department of environmental management, and any other appropriate state agency, department, or instrumentality, in consultation with the authority, shall advise participants on methods for financing infrastructure.

(c) The authority shall annually present a report to the budget committee and the budget agency that describes the projects funded under this chapter during the year.

As added by P.L.189-2018, SEC.25.
Ind. Code § 5-11-10-1 — Indiana Code / Title 5 / Article 11 / Chapter 10 / Section 5-11-10-1
Application; exempt entities; disbursements for claims; certification; liability
Status: in_force

Sec. 1. (a) This section applies to the state and its political subdivisions. However, this section does not apply to the following:

(1) A state educational institution, including Ivy Tech Community College of Indiana.

(2) A municipality (as defined in IC 36-1-2-11).

(3) A county.

(4) An airport authority operating in a consolidated city.

(5) A capital improvements board of managers operating in a consolidated city.

(6) A board of directors of a public transportation corporation operating in a consolidated city.

(7) A municipal corporation organized under IC 16-22-8-6.

(8) A public library.

(9) A library services authority.

(10) A hospital organized under IC 16-22 or a hospital organized under IC 16-23.

(11) A school corporation (as defined in IC 36-1-2-17).

(12) A regional water or sewer district organized under IC 13-26 or under IC 13-3-2 (before its repeal).

(13) A municipally owned utility (as defined in IC 8-1-2-1).

(14) A board of an airport authority under IC 8-22-3.

(15) A conservancy district.

(16) A board of aviation commissioners under IC 8-22-2.

(17) A public transportation corporation under IC 36-9-4.

(18) A commuter transportation district under IC 8-5-15.

(19) A solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).

(20) A county building authority under IC 36-9-13.

(21) A soil and water conservation district established under IC 14-32.

(22) The northwestern Indiana regional planning commission established by IC 36-7-7.6-3.

(b) No warrant or check shall be drawn by a disbursing officer in payment of any claim unless the same has been fully itemized and its correctness properly certified to by the claimant or some authorized person in the claimant's behalf, and filed and allowed as provided by law.

(c) The certificate provided for in subsection (b) is not required for:

(1) claims rendered by a public utility for electric, gas, steam, water, or telephone services, the charges for which are regulated by a governmental body;

(2) a warrant issued by the state comptroller under IC 4-13-2-7(b);

(3) a check issued by a special disbursing officer under IC 4-13-2-20(g); or

(4) a payment of fees under IC 36-7-11.2-49(b) or IC 36-7-11.3-43(b).

(d) The disbursing officer shall issue checks or warrants for all claims which meet all of the requirements of this section. The disbursing officer does not incur personal liability for disbursements:

(1) processed in accordance with this section; and

(2) for which funds are appropriated and available.

(e) The certificate provided for in subsection (b) must be in the following form:

I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same has been paid.

Formerly: Acts 1953, c.155, s.1; Acts 1957, c.37, s.1; Acts 1971, P.L.49, SEC.1. As amended by Acts 1977, P.L.54, SEC.1; Acts 1979, P.L.37, SEC.1; Acts 1981, P.L.52, SEC.1; P.L.53-1983, SEC.1; P.L.54-1983, SEC.1; P.L.48-1988, SEC.1; P.L.25-1988, SEC.3; P.L.29-1990, SEC.2; P.L.2-1993, SEC.45; P.L.5-1995, SEC.5; P.L.1-1995, SEC.42; P.L.71-1995, SEC.1; P.L.69-1995, SEC.2; P.L.40-1996, SEC.1; P.L.39-1996, SEC.6; P.L.45-1997, SEC.1; P.L.99-2003, SEC.1; P.L.127-2005, SEC.5; P.L.169-2006, SEC.3; P.L.2-2007, SEC.98; P.L.182-2009(ss), SEC.76; P.L.121-2016, SEC.9; P.L.9-2024, SEC.135.
Ind. Code § 5-32-1-2 — Indiana Code / Title 5 / Article 32 / Chapter 1 / Section 5-32-1-2
Application of public works statutes
Status: in_force

Sec. 2. Except as provided in this article, the applicable public works statute applies to the construction projects of the particular public agency performed under this article.

As added by P.L.128-2014, SEC.1.
Ind. Code § 5-16-5.5-4 — Indiana Code / Title 5 / Article 16 / Chapter 5.5 / Section 5-16-5.5-4
Performance bond; incremented bonding; release or discharge of surety; waiver of bond requirements for certain state educational institution projects
Status: in_force

Sec. 4. (a) This section does not apply to a contract entered into by a state educational institution if:

(1) the amount to be paid under the contract is less than five hundred thousand dollars ($500,000); and

(2) the state educational institution agrees to waive the requirement.

(b) At the time of entering into any contract covered by the provisions of this chapter, the contractor shall furnish a valid performance bond which is acceptable to the state agency involved in an amount equal to the contractor's total contract price. If it is acceptable to the state agency involved, this performance bond may provide for incremental bonding in the form of multiple or chronological bonds which, when taken as a whole, equal the total contract price.

(c) The surety on the bond shall not be released for a period of one (1) year after final settlement with the contractor. No change, modification, omission or addition in and to the terms or conditions of said contract, plans, specifications, drawings or profile or any irregularity or defect in said contract or in the proceedings preliminary to the letting and awarding thereof shall in any way affect or operate to release or discharge the surety.

Formerly: Acts 1972, P.L.44, SEC.1. As amended by Acts 1978, P.L.15, SEC.3; P.L.135-2017, SEC.2.
Ind. Code § 5-2-6.1-17 — Indiana Code / Title 5 / Article 2 / Chapter 6.1 / Section 5-2-6.1-17
Requirements for compensation
Status: in_force

Sec. 17. (a) Except for an alleged victim of a child sex crime, the division may not award compensation under this chapter unless the violent crime was reported to a law enforcement officer not more than seventy-two (72) hours after the occurrence of the crime.

(b) The division may not award compensation under this chapter until:

(1) law enforcement and other records concerning the circumstances of the crime are available; and

(2) any criminal investigation directly related to the crime has been substantially completed.

(c) If the crime involved a motor vehicle, the division may not award compensation under this chapter until an information or indictment alleging the commission of a crime has been filed by a prosecuting attorney. The division may award compensation under this chapter before an information or indictment alleging the commission of a crime has been filed where justice requires.

(d) The division may accept proof that evidence was collected through a forensic exam described in IC 16-21-8 as compliance with subsection (a) and as cooperation with law enforcement, as required by sections 18 and 19 of this chapter.

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.10; P.L.129-2009, SEC.4; P.L.48-2012, SEC.6; P.L.98-2022, SEC.6; P.L.20-2024, SEC.12.
Ind. Code § 5-11-5.5-8 — Indiana Code / Title 5 / Article 11 / Chapter 5.5 / Section 5-11-5.5-8
Relief for whistleblowers
Status: in_force

Sec. 8. (a) An employee who has been discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against in the terms and conditions of employment by the employee's employer because the employee:

(1) objected to an act or omission described in section 2 of this chapter; or

(2) initiated, testified, assisted, or participated in an investigation, an action, or a hearing under this chapter;

is entitled to all relief necessary to make the employee whole.

(b) Relief under this section may include:

(1) reinstatement with the same seniority status the employee would have had but for the act described in subsection (a);

(2) two (2) times the amount of back pay owed the employee;

(3) interest on the back pay owed the employee; and

(4) compensation for any special damages sustained as a result of the act described in subsection (a), including costs and expenses of litigation and reasonable attorney's fees.

(c) An employee may bring an action for the relief provided in this section in any court with jurisdiction.

As added by P.L.222-2005, SEC.23.
Ind. Code § 5-10.2-5-7 — Indiana Code / Title 5 / Article 10.2 / Chapter 5 / Section 5-10.2-5-7
Postretirement increase payable on or after July 1, 1979
Status: in_force

Sec. 7. Postretirement Increase. (a) The monthly benefit payable on and after July 1, 1979, to a member, or a survivor or beneficiary of a member, who retired or was disabled:

(1) before July 2, 1962, shall be increased by six percent (6%);

(2) after July 1, 1962, and before July 2, 1967, shall be increased by four percent (4%); and

(3) after July 1, 1967, and before July 2, 1972, shall be increased by two percent (2%).

The increase specified in this section shall be based upon the date of the member's initial retirement or disability. This section does not apply to benefits payable in a lump sum.

(b) As a cost of living increase, the retirement, disability, and survivor benefits payable after June 30, 1979, to a member, or a beneficiary or a survivor of a member, who retired before August 1, 1978, shall be increased three percent (3%). The increase provided by this subsection is in addition to any other increase provided by law. This subsection does not apply to benefits payable in a lump sum.

As added by Acts 1979, P.L.36, SEC.1.
Ind. Code § 5-32-4-1 — Indiana Code / Title 5 / Article 32 / Chapter 4 / Section 5-32-4-1
Negotiation of CMc contract terms and conditions
Status: in_force

Sec. 1. After the public agency has selected an offeror to be the CMc, the public agency and that offeror may negotiate the final terms and conditions of the contract for CMc services for the project.

As added by P.L.128-2014, SEC.1.
Ind. Code § 5-14-3-6 — Indiana Code / Title 5 / Article 14 / Chapter 3 / Section 5-14-3-6
Partially disclosable records; computer or microfilm record systems; fees
Status: in_force

Sec. 6. (a) If a public record contains disclosable and nondisclosable information, the public agency shall, upon receipt of a request under this chapter, separate the material that may be disclosed and make it available for inspection and copying.

(b) If a public record stored on computer tape, computer disks, microfilm, or a similar or analogous record system is made available to:

(1) a person by enhanced access under section 3.5 of this chapter; or

(2) a governmental entity by an electronic device;

the public agency may not make the record available for inspection without first separating the material in the manner required by subsection (a).

(c) A public agency may charge a person who makes a request for disclosable information the agency's direct cost of reprogramming a computer system if:

(1) the disclosable information is stored on a computer tape, computer disc, or a similar or analogous record system; and

(2) the public agency is required to reprogram the computer system to separate the disclosable information from nondisclosable information.

(d) A public agency is not required to reprogram a computer system to provide:

(1) enhanced access; or

(2) access to a governmental entity by an electronic device.

As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.5; P.L.58-1993, SEC.5; P.L.77-1995, SEC.5.
Ind. Code § 5-1.2-2-84 — Indiana Code / Title 5 / Article 1.2 / Chapter 2 / Section 5-1.2-2-84
"Water infrastructure grant program"
Status: in_force

Sec. 84. "Water infrastructure grant program" refers to the water infrastructure grant program established by IC 5-1.2-14.5.

As added by P.L.154-2021, SEC.6.
Ind. Code § 5-2-6.1-6.7 — Indiana Code / Title 5 / Article 2 / Chapter 6.1 / Section 5-2-6.1-6.7
Terrorist act
Status: in_force

Sec. 6.7. As used in this chapter, "terrorist act" means an act that:

(1) involves a violent act that is dangerous to human life;

(2) violates a criminal law of the United States or of any state or that would be a criminal violation if committed within the jurisdiction of the United States or of any state;

(3) appears to be intended to:

(A) intimidate or coerce a civilian population;

(B) influence the policy of a government by intimidation or coercion; or

(C) affect the conduct of a government by assassination or kidnapping; and

(4) occurs primarily outside the territorial jurisdiction of the United States or transcends national boundaries because of the:

(A) means by which the act is accomplished;

(B) persons intended to be intimidated or coerced; or

(C) place in which the person that commits the act operates or seeks asylum.

As added by P.L.36-1997, SEC.2.
Ind. Code § 5-22-14-3 — Indiana Code / Title 5 / Article 22 / Chapter 14 / Section 5-22-14-3
Rules; businesses that are not small businesses
Status: in_force

Sec. 3. (a) A governmental body may adopt rules to implement this chapter. The Indiana department of administration shall adopt rules under IC 4-22-2 to implement this chapter.

(b) The rules adopted by a governmental body must establish criteria for determining qualifications as a small business. In establishing criteria, the rules may use any standards established for determination of small business status that are used by an agency of the federal government. A governmental body may also receive assistance from the Indiana economic development corporation to establish criteria or to implement the rules.

(c) The rules adopted by a governmental body may consider the number of employees employed by an offeror and the dollar volume of the offeror's business. The rules must provide that when computing the size of an offeror, the annual sales and receipts of the offeror and all of its affiliates must be included.

(d) The rules adopted by a governmental body must include the following criteria:

(1) A wholesale business is not a small business if its annual sales for its most recently completed fiscal year exceed four million dollars ($4,000,000).

(2) A construction business is not a small business if its average annual receipts for the preceding three (3) fiscal years exceed four million dollars ($4,000,000).

(3) A retail business or business selling services is not a small business if its annual sales and receipts exceed five hundred thousand dollars ($500,000).

(4) A manufacturing business, defined as a business that processes raw materials or parts into finished goods, is not a small business if it employs more than one hundred (100) persons or its annual sales for its most recently completed fiscal year exceed four million dollars ($4,000,000).

(5) A business in any of the following sectors is not a small business if it employs more than one hundred (100) persons or if its annual sales exceed five million dollars ($5,000,000):

(A) Information technology.

(B) Life sciences.

(C) Transportation.

(D) Logistics.

As added by P.L.49-1997, SEC.1. Amended by P.L.4-2005, SEC.31; P.L.160-2006, SEC.10; P.L.50-2022, SEC.1.
Ind. Code § 5-2-15-2 — Indiana Code / Title 5 / Article 2 / Chapter 15 / Section 5-2-15-2
Repealed
Status: repealed

As added by P.L.192-2005, SEC.3. Repealed by P.L.111-2018, SEC.2.
Ind. Code § 5-10.2-10-11 — Indiana Code / Title 5 / Article 10.2 / Chapter 10 / Section 5-10.2-10-11
"Private market fund"
Status: in_force

Sec. 11. As used in this chapter, "private market fund" means any:

(1) private equity fund;

(2) private equity fund of funds;

(3) venture capital fund;

(4) hedge fund;

(5) hedge fund of funds;

(6) real estate fund; or

(7) investment vehicle;

that is not publicly traded.

As added by P.L.67-2009, SEC.1.
Ind. Code § 5-10-8-8.2 — Indiana Code / Title 5 / Article 10 / Chapter 8 / Section 5-10-8-8.2
Former legislators
Status: in_force

Sec. 8.2. (a) As used in this section, "former legislator" means a former member of the general assembly.

(b) As used in this section, "dependent" means an unmarried person who:

(1) is:

(A) a dependent child, stepchild, foster child, or adopted child of a former legislator or spouse of a former legislator; or

(B) a child who resides in the home of a former legislator or spouse of a former legislator who has been appointed legal guardian for the child; and

(2) is:

(A) less than twenty-three (23) years of age;

(B) at least twenty-three (23) years of age, incapable of self-sustaining employment by reason of mental or physical disability, and is chiefly dependent on a former legislator or spouse of a former legislator for support and maintenance; or

(C) at least twenty-three (23) years of age and less than twenty-five (25) years of age and is enrolled in and is a full-time student at an accredited college or university.

(c) As used in this section, "spouse" means a person who is or was married to a former legislator.

(d) After June 30, 2001, the state shall provide to a former legislator:

(1) whose last day of service as a member of the general assembly was after December 31, 2000;

(2) who served in all or part of at least four (4) terms of the general assembly (as defined in IC 2-2.1-1-1);

(3) who pays an amount equal to the employee's and employer's premium for the group health insurance for an active employee; and

(4) who files a written request for insurance coverage with the employer within ninety (90) days after the former legislator's:

(A) last day of service as a member of the general assembly; or

(B) retirement date;

a group health insurance program that is equal to that offered to active employees.

(e) Except as provided by section 8(j) of this chapter, the eligibility of a former legislator to continue insurance under this section ends when the former legislator becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq. or when the employer terminates the health insurance program.

(f) A former legislator who is eligible for insurance coverage under this section may elect to have a spouse or dependent of the former legislator covered under the health insurance program. A former legislator who makes an election under this subsection must pay the employee's and employer's premium for the group health insurance program for an active employee that is attributable to the inclusion of a spouse or dependent.

(g) A spouse or dependent may continue insurance under this section after the death of the former legislator if the spouse or dependent pays the amount the former legislator would have been required to pay for coverage selected by the spouse or dependent.

(h) Except as provided under section 8(j) of this chapter, the eligibility of a spouse to continue insurance under this section ends on the earliest of the following:

(1) When the employer terminates the health insurance program.

(2) The date of the legislative spouse's remarriage.

(3) When the required amount for coverage is not paid with respect to the spouse.

(4) When the spouse becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.

(i) The eligibility of a dependent to continue insurance under this section ends on the earliest of the following:

(1) When the employer terminates the health insurance program.

(2) The date the dependent no longer meets the definition of a dependent.

(3) When the required amount for coverage is not paid with respect to the dependent.

(j) The spouse of a deceased former legislator may elect to participate in the group health insurance program under this section if all of the following apply:

(1) The deceased legislator:

(A) died after December 31, 2000, while serving as a member of the general assembly; and

(B) served in all or part of at least four (4) terms of the general assembly (as defined in IC 2-2.1-1-1).

(2) The surviving spouse files a written request for insurance coverage with the employer.

(3) The surviving spouse pays an amount equal to the employee's and employer's premium for the group health insurance for an active employee, including any amount with respect to covered dependents of the former legislator.

(k) Except as provided under section 8(j) of this chapter, the eligibility of the surviving spouse under subsection (j) ends on the earliest of the following:

(1) When the employer terminates the health insurance program.

(2) The date of the spouse's remarriage.

(3) When the required amount for coverage is not paid with respect to the spouse and any covered dependent.

(4) When the surviving spouse becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.

As added by P.L.13-2001, SEC.10. Amended by P.L.1-2007, SEC.26.
Ind. Code § 5-1-11-4 — Indiana Code / Title 5 / Article 1 / Chapter 11 / Section 5-1-11-4
Prohibitions; advantage in bidding; payment before delivery; technical services
Status: in_force

Sec. 4. (a) It shall be unlawful for any officer or body authorized by law to issue or sell bonds to enter into a contract or agreement prior to the award of such bonds with any person, limited liability company, firm, or corporation, directly or indirectly interested in bidding on or purchasing such bonds, for the furnishing of legal, engineering, or other technical services, or for the furnishing of printed bond forms or any other contract or agreement which will give to any person, firm, limited liability company, or corporation an advantage in bidding on or purchasing such bonds or controlling the sale thereof. Any funds expended on account of any such contract or agreement shall be chargeable to the officer or officers authorizing or making such expenditure.

(b) It shall be unlawful for any officer or body authorized to issue or sell bonds to require the successful bidder therefor to pay for such bonds prior to the time that such bonds are delivered, or prior to the time that the successful bidder shall have had reasonable opportunity to examine such bonds and the proceedings had relative to the authorization, issuance and sale of the same. Nothing in this chapter, however, shall prevent any county, township, city, town, school corporation or special taxing district from employing or contracting for legal, engineering or other technical services, prior to the sale of any such bonds, provided that such services are not to be supplied by or through a person, firm, limited liability company, or corporation directly or indirectly interested in bidding on or purchasing such bonds.

[Pre-Local Government Recodification Citation: 19-8-5-4 part.]

As added by Acts 1980, P.L.8, SEC.19. Amended by P.L.8-1993, SEC.47.
Ind. Code § 5-8-1-11 — Indiana Code / Title 5 / Article 8 / Chapter 1 / Section 5-8-1-11
Judgment
Status: in_force

Sec. 11. After conviction, the senate must, at such time as it may appoint, pronounce judgment, in the form of resolution entered upon the journals of the senate.

Formerly: Acts 1897, c.182, s.11.
Ind. Code § 5-10.3-12-31 — Indiana Code / Title 5 / Article 10.3 / Chapter 12 / Section 5-10.3-12-31
Effect of reemployment on plan participation
Status: in_force

Sec. 31. (a) If a member of the plan separates from employment with the member's employer and later begins employment with the same or a different employer in a position covered by the plan:

(1) the member resumes the member's participation in the plan; and

(2) the member is entitled to receive credit for the member's years of participation in the plan before the member's separation.

Any amounts forfeited by the member under section 25(e) of this chapter may not be restored to the member's account.

(b) An individual who returns to state employment having had an opportunity to make an election under section 20 of this chapter during an earlier period of state employment is not entitled to a second opportunity to make an election under section 20 of this chapter.

(c) An individual described in section 1(a)(3) of this chapter who returns to employment with a participating political subdivision having had an opportunity to make an election under section 20.5 of this chapter during an earlier period of employment with the participating political subdivision is not entitled to a second opportunity to make an election under section 20.5 of this chapter with respect to that employer.

As added by P.L.22-2011, SEC.2. Amended by P.L.241-2015, SEC.36; P.L.209-2016, SEC.7; P.L.85-2017, SEC.9.
Ind. Code § 5-10.2-5-43 — Indiana Code / Title 5 / Article 10.2 / Chapter 5 / Section 5-10.2-5-43
Public employees' retirement fund; benefit increase payable after December 31, 2008
Status: in_force

Sec. 43. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after December 31, 2008, to a member of the public employees' retirement fund (or to a survivor or beneficiary of a member of the public employees' retirement fund) who retired or was disabled before January 1, 2008, shall be increased by:

(1) two percent (2%) for members who retired after December 31, 1999; and

(2) two and one-half (2.5%) percent for members who retired before January 1, 2000.

(b) In addition to any other cost of living increase provided under this chapter, the pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after December 31, 2008, to a member of the public employees' retirement fund (or to a survivor or beneficiary of a member of the public employees' retirement fund) who is a retired member of the fund with at least ten (10) years of creditable service may not be less than one hundred eighty dollars ($180).

(c) Subsection (b) does not apply to a member of the public employees' retirement fund (or to a survivor or beneficiary of a member of the public employees' retirement fund) whose creditable service was earned only as an elected official.

(d) The increases specified in this section:

(1) are based on the date of the member's latest retirement or disability;

(2) do not apply to benefits payable in a lump sum; and

(3) are in addition to any other increase provided by law.

As added by P.L.12-2008, SEC.1.