reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 4. Affordable Housing and Community Development Fund › 5-20-4-7. Establishment of Fund; Administration; Resources; Investments; Disposition of Remaining Money; Interest

Sec. 7. (a) There is established the affordable housing and community development fund. The fund shall be administered by the authority under the direction of the authority's board.
(b) The fund consists of the following resources:
(1) Appropriations from the general assembly.
(2) Gifts, grants, and donations of any tangible or intangible property from public or private sources.
(3) Investment income earned on the fund's assets.
(4) Repayments of loans from the fund.
(5) Funds borrowed from the board for depositories insurance fund (IC 5-13-12-7).
(6) Money deposited in the fund under IC 6-7-2-17 and IC 36-2-7-10.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(d) The money remaining in the fund at the end of a fiscal year does not revert to the state general fund.
(e) Interest earned on the fund may be used by the authority to pay expenses incurred in the administration of the fund.
As added by P.L.69-1989, SEC.4. Amended by P.L.27-1993, SEC.17; P.L.1-2006, SEC.114; P.L.181-2006, SEC.31; P.L.1-2007, SEC.32; P.L.211-2007, SEC.1; P.L.234-2007, SEC.200; P.L.3-2008, SEC.31.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 4. Affordable Housing and Community Development Fund › 5-20-4-8. Financial Assistance; Form; Allocation

Sec. 8. (a) The money in the fund shall be used to provide financial assistance in the form of:
(1) grants;
(2) loans; and
(3) loan guarantees.
In addition, money from the fund may be used to provide technical assistance to nonprofit developers of low income housing.
(b) The financial assistance described in subsection (a) shall be used for:
(1) the acquisition, construction, rehabilitation, development, operation, and insurance of, and education concerning, affordable housing and community economic development; or
(2) other programs considered appropriate to meet the affordable housing and community development needs of lower income families and very low income families, including lower income elderly, persons with disabilities, and homeless individuals.
(c) At least fifty percent (50%) of the dollars allocated must be used to serve very low income households.
As added by P.L.69-1989, SEC.4. Amended by P.L.23-1993, SEC.18; P.L.27-1993, SEC.18; P.L.181-2006, SEC.32; P.L.211-2007, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 4. Affordable Housing and Community Development Fund › 5-20-4-9. Terms of Loans From Board for Depositories Insurance Fund

Sec. 9. The board for depositories shall determine the terms of the loan from the board for depositories insurance fund under section 8 of this chapter that must include the following:
(1) That the duration of the loan may not exceed twenty (20) years from the date of the execution of the agreement between the authority and the public deposit insurance fund operated by the board for depositories.
(2) The repayment schedule of the loan that:
(A) shall not require repayment of any principal; and
(B) must allow any principal to be repaid by the fund at any time;
before the end of the term for the loan.
(3) That no interest may be charged.
(4) The amount of the loan, which may not exceed five million dollars ($5,000,000).
As added by P.L.69-1989, SEC.4. Amended by P.L.27-1993, SEC.19; P.L.1-2006, SEC.115; P.L.181-2006, SEC.33; P.L.1-2007, SEC.33.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 4. Affordable Housing and Community Development Fund › 5-20-4-10.1. Repayment of Loans; Procedures

Sec. 10.1. The authority and the board for depositories shall establish procedures to insure repayment of the loan principal at the end of the loan term. The procedures may include purchase of a zero coupon bond to insure the loan principal, a requirement that a percentage of the loans issued by the authority be made through a linked deposit program in certificates of deposit, or other procedures that the authority and the board for depositories may determine appropriate.
As added by P.L.27-1993, SEC.20. Amended by P.L.1-2006, SEC.116; P.L.181-2006, SEC.34; P.L.1-2007, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 4. Affordable Housing and Community Development Fund › 5-20-4-11. Allocation of Fund Resources

Sec. 11. (a) At least fifty percent (50%) of the resources of the fund shall be allocated to recognized nonprofit corporations under Section 501(c) of the Internal Revenue Code.
(b) The resources of the fund that are not allocated under subsection (a) may be allocated to private developers of housing and private development entities as determined by the authority.
As added by P.L.69-1989, SEC.4. Amended by P.L.179-1991, SEC.9; P.L.1-1992, SEC.13; P.L.27-1993, SEC.21; P.L.1-2006, SEC.117; P.L.181-2006, SEC.35; P.L.1-2007, SEC.35.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 4. Affordable Housing and Community Development Fund › 5-20-4-12. Occupancy of Housing Developed With Fund Resources

Sec. 12. Rental housing that is developed with money from the fund shall be made available for occupancy to low income families or very low income families for at least fifteen (15) years. In the event of foreclosure or equivalent action, the remaining affordability period may be waived by the authority.
As added by P.L.69-1989, SEC.4. Amended by P.L.27-1993, SEC.22; P.L.1-2006, SEC.118; P.L.181-2006, SEC.36; P.L.1-2007, SEC.36.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 4. Affordable Housing and Community Development Fund › 5-20-4-13. Developer Certification of Compliance With Federal Requirements

Sec. 13. A developer that uses funds from the fund shall certify to the authority that the developer will comply with the following:
(1) The federal Civil Rights Act of 1968 (P.L. 90-284).
(2) The federal Fair Housing Amendments of 1988 (P.L. 100-430).
(3) The Indiana Civil Rights Law (IC 22-9-1).
As added by P.L.69-1989, SEC.4. Amended by P.L.1-2006, SEC.119; P.L.181-2006, SEC.37; P.L.1-2007, SEC.37.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 4. Affordable Housing and Community Development Fund › 5-20-4-14. Policies and Procedures for Implementation of Chapter

Sec. 14. The authority shall establish written policies and procedures to implement this chapter. These policies and procedures shall include the following:
(1) The development of an application process for requesting financial assistance under this chapter.
(2) The establishment of a procedure for disbursing financial assistance under this chapter.
(3) The establishment of a rate of interest for a loan under this chapter.
(4) The establishment of loan underwriting criteria to protect the assets of the fund. The authority shall require a lien or other security when appropriate and in the amounts the authority determines appropriate.
(5) A requirement that a financial institution holding an obligation that is guaranteed under this chapter must adequately secure the obligation.
(6) Standards requiring a local match for any assistance under this chapter and establishing the level of local match required.
(7) The establishment of a cap on the amount of financial assistance that any recipient may receive.
(8) The establishment of procedures to do the following:
(A) Ensure that an equitable part of all funds are distributed to rural areas of Indiana.
(B) Enable the authority to use the fund to provide matching funds to local housing trust funds in Indiana.
(C) Promote community economic development.
As added by P.L.69-1989, SEC.4. Amended by P.L.27-1993, SEC.23; P.L.1-2006, SEC.120; P.L.181-2006, SEC.38; P.L.1-2007, SEC.38.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 4. Affordable Housing and Community Development Fund › 5-20-4-15. Repealed

As added by P.L.69-1989, SEC.4. Amended by P.L.2-1992, SEC.56; P.L.23-1993, SEC.19; P.L.4-1993, SEC.8; P.L.5-1993, SEC.19; P.L.215-2001, SEC.9; P.L.181-1006, SEC.29. Repealed by P.L.133-2012, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 5. Indiana Affordable Housing Fund › 5-20-5-2. "Authority" Defined

Sec. 2. As used in this chapter, "authority" means the Indiana housing and community development authority created by IC 5-20-1-3.
As added by P.L.115-2000, SEC.1. Amended by P.L.1-2006, SEC.122; P.L.181-2006, SEC.40.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 5. Indiana Affordable Housing Fund › 5-20-5-4. "Families" Defined

Sec. 4. As used in this chapter, "families" has the meaning set forth in 42 U.S.C. 1437a(b)(3)(B).
As added by P.L.115-2000, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 5. Indiana Affordable Housing Fund › 5-20-5-8. Authority May Provide Grants and Loans

Sec. 8. The authority may provide grants and loans to eligible entities for programs that do any of the following:
(1) Provide financial assistance to lower income families for the purchase of affordable housing in the form of grants, loans, and loan guarantees.
(2) Provide rent and rent supplements to lower income families.
(3) Provide loans or grants for the acquisition, construction, rehabilitation, development, operation, and insurance of affordable housing for lower income families.
As added by P.L.115-2000, SEC.1. Amended by P.L.181-2006, SEC.41.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 5. Indiana Affordable Housing Fund › 5-20-5-15.5. Affordable Housing Fund; Establishment by Eligible Entity; Uses; Investments; Notice to Authority

Sec. 15.5. (a) The governing body of an eligible entity that receives a grant under this chapter shall, by resolution, establish an affordable housing fund to be administered, subject to the terms of the resolution, by a department, a division, or an agency designated by the governing body.
(b) The affordable housing fund consists of:
(1) payments in lieu of taxes deposited in the fund under IC 36-1-8-14.3;
(2) gifts and grants to the fund;
(3) investment income earned on the fund's assets;
(4) money deposited in the fund under IC 36-2-7-10; and
(5) other funds from sources approved by the commission.
(c) The governing body shall, by resolution, establish uses for the affordable housing fund. However, the uses must be limited to:
(1) providing financial assistance to those individuals and families whose income is at or below eighty percent (80%) of the county's median income for individuals and families, respectively, to enable those individuals and families to purchase or lease residential units within the county;
(2) paying expenses of administering the fund;
(3) making grants, loans, and loan guarantees for the development, rehabilitation, or financing of affordable housing for individuals and families whose income is at or below eighty percent (80%) of the county's median income for individuals and families, respectively, including the elderly, persons with disabilities, and homeless individuals and families; and
(4) providing technical assistance to nonprofit developers of affordable housing.
(d) The county treasurer shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(e) The governing body of an eligible entity shall notify the authority of the creation of an affordable housing fund.
As added by P.L.186-2001, SEC.1. Amended by P.L.211-2007, SEC.3; P.L.181-2016, SEC.1; P.L.17-2020, SEC.1; P.L.74-2021, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 5. Indiana Affordable Housing Fund › 5-20-5-16. Allocation for Very Low Income Households

Sec. 16. An eligible entity must allocate at least fifty percent (50%) of the money received for the production, rehabilitation, or purchase of housing to the production, rehabilitation, or purchase of housing units to be occupied by very low income households.
As added by P.L.115-2000, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 5. Indiana Affordable Housing Fund › 5-20-5-17. Allocation for Nonprofit Corporation, Public Housing Authority, or Unit of Government

Sec. 17. An eligible entity must allocate at least fifty percent (50%) of the money received in program grants to a nonprofit corporation (as defined under Section 501(c) of the Internal Revenue Code), to a public housing authority (as defined in IC 36-7-18) or to a unit of government (as defined in IC 36-1-2-23). Money received in program grants that is not allocated to a nonprofit corporation, a public housing authority, or a unit of government may be allocated to private developers of housing and other private development entities as determined by the eligible entity.
As added by P.L.115-2000, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 5. Indiana Affordable Housing Fund › 5-20-5-18. Affordable Housing Fund Advisory Committees

Sec. 18. (a) An eligible entity shall establish an affordable housing fund advisory committee consisting of the following eleven (11) members:
(1) One (1) member appointed by the executive of the eligible entity to represent the interests of low income families.
(2) One (1) member appointed by the executive of the eligible entity to represent the interests of owners of subsidized, multifamily housing communities.
(3) One (1) member appointed by the executive of the eligible entity to represent the interests of banks and other financial institutions.
(4) One (1) member appointed by the executive of the eligible entity to represent the interests of the eligible entity.
(5) One (1) member appointed by the executive of the eligible entity to represent real estate brokers. The member appointed under this subdivision must be nominated to the executive by the local realtors' association.
(6) One (1) member appointed by the executive of the eligible entity to represent construction trades. The member appointed under this subdivision must be nominated to the executive by the local building trades council.
(7) Five (5) members appointed by the legislative body of the eligible entity to represent the community at large. Members appointed under this subdivision must be nominated to the legislative body after a general call for nominations from township trustees, community development corporations, neighborhood associations, community based organizations, and other social services agencies.
(b) Members of the affordable housing fund advisory committee serve for a term of four (4) years, and are eligible for reappointment. If a vacancy exists on the committee, the appointing authority that appointed the former member whose position has become vacant shall appoint an individual to fill the vacancy. A committee member may be removed at any time by the appointing authority that appointed the committee member.
(c) The affordable housing fund advisory committee shall make recommendations to the eligible entity regarding:
(1) the development of policies and procedures for the uses of the affordable housing fund; and
(2) long term sources of capital for the affordable housing fund, including:
(A) revenue from:
(i) development ordinances;
(ii) fees; or
(iii) taxes;
(B) financial market based income;
(C) revenue derived from private sources; and
(D) revenue generated from grants, gifts, donations, or income in any other form from a:
(i) government program;
(ii) foundation; or
(iii) corporation.
As added by P.L.115-2000, SEC.1. Amended by P.L.127-2012, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 6. Foreclosure Prevention Counseling and Assistance › 5-20-6-1. "Authority" Defined

Sec. 1. As used in this chapter, "authority" refers to the Indiana housing and community development authority created by IC 5-20-1-3.
As added by P.L.176-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 6. Foreclosure Prevention Counseling and Assistance › 5-20-6-2. Mortgage Counseling and Education Program

Sec. 2. (a) The authority may establish a program to provide free mortgage foreclosure counseling and education to homeowners who have defaulted on or are in danger of defaulting on the mortgages on their homes.
(b) The authority may enter into an agreement with any public, private, or nonprofit entity to carry out any part of the mortgage foreclosure counseling and education program.
(c) The program may include a central toll free telephone number that homeowners may call to receive mortgage foreclosure counseling and education.
(d) The authority may award grants for the training of counselors who will provide mortgage foreclosure counseling and education.
(e) The authority may establish standards for the certification of counselors who will provide mortgage foreclosure counseling and education.
(f) The authority may expend money for the purpose of advertising the mortgage foreclosure counseling and education program and the central toll free telephone number included in the program under subsection (c).
As added by P.L.176-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 6. Foreclosure Prevention Counseling and Assistance › 5-20-6-3. Program Funding; Court Fees; Civil Penalties; Solicitation of Contributions and Grants

Sec. 3. In addition to using money provided for the program from:
(1) court fees under IC 33-37-5-33 (before its expiration on July 1, 2017);
(2) civil penalties imposed and collected under:
(A) IC 6-1.1-12-43(g)(2)(B); or
(B) IC 27-7-3-15.5(f); and
(3) any civil penalties imposed and collected by a court for a violation of a court order in a foreclosure action under IC 32-30-10.5;
the authority may solicit contributions and grants from the private sector, nonprofit entities, and the federal government to assist in carrying out the purposes of this chapter.
As added by P.L.176-2007, SEC.1. Amended by P.L.105-2009, SEC.3; P.L.170-2011, SEC.4; P.L.231-2013, SEC.3; P.L.247-2015, SEC.2; P.L.72-2016, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 6. Foreclosure Prevention Counseling and Assistance › 5-20-6-4. Program Report to the Legislative Council

Sec. 4. (a) The authority shall annually submit a report to the legislative council concerning the following:
(1) The operation of the mortgage foreclosure counseling and education program, if the program is conducted by the authority during the reporting period.
(2) A summary of mortgage foreclosure rates and trends in Indiana and the United States.
(b) The report submitted under this section must be in an electronic format under IC 5-14-6.
As added by P.L.176-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 9. Indiana Housing First Program › 5-20-9-3. "Eligible Person"

Sec. 3. As used in this chapter, "eligible person" means either of the following:
(1) An individual with:
(A) a serious and persistent mental illness;
(B) a chronic chemical addiction; or
(C) a serious and persistent mental illness with a co-occurring chronic chemical addiction;
resulting in a housing crisis for the individual.
(2) An individual:
(A) with:
(i) a serious and persistent mental illness;
(ii) a chronic chemical addiction; or
(iii) a serious and persistent mental illness with a co-occurring chronic chemical addiction; and
(B) who:
(i) is exiting a residential treatment program or is living in an institution or other restrictive setting; and
(ii) could, with stable and affordable housing, along with community and home based supports, live independently in the community.
As added by P.L.103-2017, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 9. Indiana Housing First Program › 5-20-9-4. "Housing Crisis"

Sec. 4. As used in this chapter, "housing crisis" means a situation in which an individual or a household does not have sufficient resources or support networks immediately available to maintain safe and affordable housing or to prevent the individual or household from requiring emergency housing.
As added by P.L.103-2017, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 9. Indiana Housing First Program › 5-20-9-7. Indiana Housing First Account Established

Sec. 7. (a) The Indiana housing first account is established within the state general fund to provide funds to provide housing and support services to eligible persons under the program. The authority shall administer the account.
(b) The account consists of the following:
(1) Money appropriated to the account by the general assembly.
(2) Investment earnings, including interest, on money in the account.
(3) Money from any other source, including gifts, grants, donations, and other funds from government programs, foundations, corporations, or any other public or private sources.
(c) The expenses of administering the account shall be paid from money in the account.
(d) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested.
(e) Money that is in the account at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.103-2017, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 9. Indiana Housing First Program › 5-20-9-8. Rulemaking to Establish Program Policies and Procedures

Sec. 8. (a) The authority may adopt rules under IC 4-22-2, including emergency rules adopted in the manner provided by IC 4-22-2-37.1, to establish the policies and procedures required under section 6 of this chapter and to otherwise implement this chapter. Rules or emergency rules adopted by the authority under this section must take effect not later than January 1, 2018.
(b) Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the authority in the manner provided by IC 4-22-2-37.1 to establish the policies and procedures required under section 6 of this chapter and to otherwise implement this chapter expires on the date a rule that supersedes the emergency rule is adopted by the authority under IC 4-22-2-24 through IC 4-22-2-36.
As added by P.L.103-2017, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 1. Application › 5-22-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 3 of this chapter in the 2005 regular session of the general assembly apply only to a contract entered into or renewed after May 6, 2005.
As added by P.L.220-2011, SEC.100. Amended by P.L.13-2013, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 1. Application › 5-22-1-2. Nonapplicability of Article

Sec. 2. Except as provided in this article, this article does not apply to the following:
(1) The commission for higher education.
(2) A state educational institution. However, IC 5-22-5-9 and IC 5-22-15 apply to a state educational institution.
(3) Military officers and military and armory boards of the state.
(4) An entity established by the general assembly as a body corporate and politic. However, IC 5-22-15 applies to a body corporate and politic.
(5) A local hospital authority under IC 5-1-4.
(6) A municipally owned utility under IC 8-1-11.1 or IC 8-1.5.
(7) Hospitals established and operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8, IC 16-23-1, or IC 16-24-1.
(8) A library board under IC 36-12-3-16(b).
(9) A local housing authority under IC 36-7-18.
(10) Tax exempt Indiana nonprofit corporations leasing and operating a city market owned by a political subdivision.
(11) A person paying for a purchase or lease with funds other than public funds.
(12) A person that has entered into an agreement with a governmental body under IC 5-23.
(13) A municipality for the operation of municipal facilities used for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.
(14) The department of financial institutions established by IC 28-11-1-1.
(15) The insurance commissioner in retaining an examiner for purposes of IC 27-1-3.1-9.
(16) The department of natural resources for the procurement of supplies purchased for resale at properties owned or managed by the department of natural resources.
(17) The Indiana horse racing commission in making an expenditure under IC 4-31-3-15(b).
(18) An entity that has entered into a memorandum of understanding with the department of education under IC 20-20-38.5-2(a)(2).
As added by P.L.49-1997, SEC.1. Amended by P.L.1-2005, SEC.82; P.L.184-2005, SEC.2; P.L.19-2007, SEC.1; P.L.213-2007, SEC.3; P.L.217-2007, SEC.3; P.L.11-2011, SEC.2; P.L.155-2015, SEC.3; P.L.268-2017, SEC.38; P.L.140-2022, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 1. Application › 5-22-1-3. Excluded Items; Exceptions

Sec. 3. (a) Except as provided in subsection (b), this article does not apply to the following types of activities:
(1) A contract between governmental bodies except for a contract authorized under this article.
(2) A public works project.
(3) A collective bargaining agreement between a governmental body and its employees.
(4) The employment relationship between a governmental body and an employee of the governmental body.
(5) An investment of public funds.
(6) A contract between a governmental body and a body corporate and politic.
(7) A contract for social services.
(8) A contract with a body corporate and politic.
(b) IC 5-22-3-7 applies to any:
(1) contract;
(2) project;
(3) agreement;
(4) employment relationship; or
(5) investment;
described in subsection (a).
As added by P.L.49-1997, SEC.1. Amended by P.L.165-2005, SEC.1 and P.L.222-2005, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 1 of this chapter in the 2005 regular session of the general assembly apply only to a contract entered into or renewed after May 6, 2005.
As added by P.L.220-2011, SEC.101. Amended by P.L.13-2013, SEC.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-1. Applicability of Definitions

Sec. 1. Except as otherwise provided, the definitions in this chapter apply throughout this article.
As added by P.L.49-1997, SEC.1. Amended by P.L.165-2005, SEC.2 and P.L.222-2005, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-1.3. "Affiliate"

Sec. 1.3. "Affiliate" means a business entity that effectively controls or is controlled by a contractor or is associated with a contractor under common ownership or control, whether by shareholdings or other means, including a subsidiary, parent, or sibling of a contractor.
As added by P.L.165-2005, SEC.3 and P.L.222-2005, SEC.26. Amended by P.L.1-2006, SEC.123.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-2. "Change Order"

Sec. 2. "Change order" means a written order that:
(1) is signed by the purchasing agent; and
(2) directs the contractor to make changes that the contract authorizes the purchasing agent to order without the consent of the contractor.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-3. "Contract Modification"

Sec. 3. "Contract modification" means a written alteration:
(1) in a specification, delivery point, rate of delivery, period of performance, price, quantity, or another provision of a contract; and
(2) accomplished by mutual action of the parties to the contract.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-5. "Cost Reimbursement Contract"

Sec. 5. "Cost reimbursement contract" means a contract that entitles a contractor to receive:
(1) reimbursement for costs that are allowable and allocable in accordance with the contract terms and the provisions of this article; and
(2) a fee, if any.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-9. "Established Catalog Price"

Sec. 9. "Established catalog price" refers to the price included in a catalog, price list, schedule, or other form that:
(1) is regularly maintained by the manufacturer or contractor;
(2) is either published or otherwise available for inspection by customers; and
(3) states prices at which sales are currently or were last made to a significant number of any category of buyers, or buyers constituting the general buying public, for the supplies or services involved.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-11. "Fiscal Body"

Sec. 11. "Fiscal body" means the following:
(1) For a state agency, the term refers to the budget agency.
(2) For a political subdivision, the term has the meaning set forth in IC 36-1-2-6.
(3) For a governmental body not described in subdivision (1) or (2), the term means the person that has primary responsibility for the fiscal affairs of the governmental body.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-13. "Governmental Body"

Sec. 13. "Governmental body" means an agency, a board, a branch, a bureau, a commission, a council, a department, an institution, an office, or another establishment of any of the following:
(1) The executive branch.
(2) The judicial branch.
(3) The legislative branch.
(4) A political subdivision.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-13.5. "Internet"

Sec. 13.5. "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web.
As added by P.L.93-2004, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-13.7. "Internet Purchasing Site"

Sec. 13.7. "Internet purchasing site" means an open and interactive electronic environment that is designed to facilitate the purchase of supplies by means of the Internet. The term includes an Internet purchasing site developed under IC 4-13-17.
As added by P.L.93-2004, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-20. "Person"

Sec. 20. "Person" includes an association, a business, a committee, a corporation, a fiduciary, an individual, a joint stock company, a joint venture, a limited liability company, a partnership, a sole proprietorship, a trust, or another legal entity, organization, or group of individuals.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-21. "Policy"

Sec. 21. "Policy" refers to a governmental body's or purchasing agency's written statement of:
(1) purchasing procedure; or
(2) substantive purchasing purposes;
that does not have the force and effect of law.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-23. "Public Funds"

Sec. 23. (a) "Public funds" means money:
(1) derived from the revenue sources of the governmental body; and
(2) deposited into the general or a special fund of the governmental body.
(b) The term does not include either of the following:
(1) Money received by a person under an authorized public-private agreement under IC 5-23.
(2) Proceeds of bonds payable exclusively by a private entity.
As added by P.L.49-1997, SEC.1. Amended by P.L.255-2017, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-24. "Purchase"

Sec. 24. (a) "Purchase" includes buy, procure, rent, lease, or otherwise acquire.
(b) The term includes the following activities:
(1) Description of requirements.
(2) Solicitation or selection of sources.
(3) Preparation and award of contract.
(4) All phases of contract administration.
(5) All functions that pertain to purchasing.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-26. "Purchasing Agent"

Sec. 26. "Purchasing agent" means an individual authorized by a purchasing agency to act as an agent for the purchasing agency in the administration of the duties of the purchasing agency.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-27. "Purchase Description"

Sec. 27. (a) "Purchase description" means the words used in a solicitation to describe the supplies or services to be purchased.
(b) The term includes specifications attached to, or made a part of, the solicitation.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-28. "Request for Proposals" or "Rfp"

Sec. 28. "Request for proposals" or "RFP" means all documents, whether attached or incorporated by reference, used for soliciting proposals.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-29. "Rule"

Sec. 29. "Rule" refers to the following:
(1) With respect to an agency of the executive branch, a rule adopted under IC 4-22-2.
(2) With respect to a governmental body not described in subdivision (1), an order, an ordinance, a resolution, or another procedure by which the governmental body is authorized by law to adopt a policy that has the force and effect of law.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-30. "Services"

Sec. 30. "Services" means the furnishing of labor, time, or effort by a person, not involving the delivery of specific supplies other than printed documents or other items that are merely incidental to the required performance.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-31. "Social Services"

Sec. 31. "Social services" means services obtained from funds covered by IC 31-25-2-8.
As added by P.L.49-1997, SEC.1. Amended by P.L.128-2012, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-32. "Solicitation"

Sec. 32. (a) "Solicitation" means the procedure by which a governmental body invites persons to submit an offer to enter into a contract with the governmental body for the purchase or sale of supplies by the governmental body.
(b) The term includes an invitation for bids, a request for proposals, and a request for quotes.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-35. "Specification"

Sec. 35. (a) "Specification" means a description of the physical or functional characteristics of a supply or service or the nature of a supply or service.
(b) The term includes a description of any requirements for inspecting, testing, or preparing a supply or service for delivery.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 2. Definitions › 5-22-2-38. "Supplies"

Sec. 38. (a) "Supplies" means any property.
(b) The term includes equipment, goods, and materials. The term does not include an interest in real property.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 3. General Provisions › 5-22-3-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 7 of this chapter in the 2005 regular session of the general assembly applies only to a contract entered into or renewed after May 6, 2005.
As added by P.L.220-2011, SEC.102. Amended by P.L.13-2013, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 3. General Provisions › 5-22-3-2. Compliance With Terms and Conditions of Gift

Sec. 2. Notwithstanding this article, a governmental body may comply with the terms and conditions of a gift if noncompliance with those terms and conditions would invalidate the gift.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 3. General Provisions › 5-22-3-3. Rules; Written Policies

Sec. 3. (a) A governmental body may adopt rules to regulate purchases of the governmental body. A rule adopted under this subsection may:
(1) supplement this article; and
(2) not be inconsistent with this article.
(b) The purchasing agency of a governmental body may establish written policies for purchases made by the purchasing agency. The written policies may apply to all purchases generally or to a specific purchase as stated in the solicitation for the purchase. A written policy established under this subsection may:
(1) supplement this article or a rule adopted by the purchasing agency's governmental body; and
(2) not be inconsistent with this article or a rule adopted by the purchasing agency's governmental body.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 3. General Provisions › 5-22-3-4. Electronic Transmission of Notice or Other Materials

Sec. 4. (a) Whenever this article requires that notice or other material be sent by mail, the material may be sent by electronic means as stated in any of the following:
(1) Rules adopted by the governmental body.
(2) Written policies of the purchasing agency.
(3) A solicitation.
(b) Rules, written policies, and solicitation statements described in subsection (a):
(1) are subject to this article; and
(2) must provide that the transmission of information is at least as efficient and secure as sending the material by mail.
(c) A governmental body may receive electronic offers if both of the following apply:
(1) The solicitation indicates the procedure for transmitting the electronic offer to the governmental body.
(2) The governmental body receives the offer on a fax machine, by electronic mail, or by means of another electronic system that has a security feature that protects the content of an electronic offer with the same degree of protection as the content of an offer that is not transmitted by electronic means.
(d) A governmental body conducting a reverse auction must receive electronic offers for supplies through an Internet purchasing site.
As added by P.L.49-1997, SEC.1. Amended by P.L.31-2002, SEC.2; P.L.1-2003, SEC.19; P.L.93-2004, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 3. General Provisions › 5-22-3-5. Offers Submitted by Trusts

Sec. 5. (a) This section applies whenever a trust submits an offer to a governmental body to do either of the following:
(1) Enter into a contract with the governmental body.
(2) Purchase surplus property from the governmental body under this article.
(b) As used in this section, "trust" has the meaning set forth in IC 30-4-1-1(a).
(c) An offer submitted by a trust must identify all of the following:
(1) Each beneficiary of the trust.
(2) Each settlor empowered to revoke or modify the trust.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 3. General Provisions › 5-22-3-6. Property Interest in Award of Contract

Sec. 6. An offeror does not gain a property interest in the award of a contract by a governmental body unless:
(1) the offeror is awarded the contract; and
(2) the contract is completely executed.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 4. Purchasing Organizations › 5-22-4-1. Purchasing Agencies for Agencies of Executive Branch

Sec. 1. (a) Except as provided in this chapter, the Indiana department of administration created by IC 4-13-1-2 is the purchasing agency for all agencies of the executive branch.
(b) Except as provided in this chapter, the individuals designated by the commissioner of the Indiana department of administration are the purchasing agents for all agencies of the executive branch.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 4. Purchasing Organizations › 5-22-4-2. Purchasing Agencies for Indiana Department of Transportation

Sec. 2. (a) Except as provided in subsection (c), the Indiana department of transportation is the purchasing agency for the Indiana department of transportation.
(b) Except as provided in subsection (c), the individuals designated by the commissioner of the Indiana department of transportation are the purchasing agents for the Indiana department of transportation.
(c) Notwithstanding subsections (a) and (b), the Indiana department of transportation may request the Indiana department of administration to make purchases for the Indiana department of transportation. If the Indiana department of transportation makes a request under this subsection, section 1 of this chapter applies to those purchases.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 4. Purchasing Organizations › 5-22-4-3. Purchasing Agencies for Courts

Sec. 3. (a) Except as provided in subsections (c) and (d), a court in the judicial branch is the purchasing agency for that court.
(b) The individuals designated by a court are the purchasing agents for that court.
(c) Notwithstanding subsections (a) and (b), if a county has established a purchasing agency for the county, both of the following apply:
(1) The purchasing agency established by the county is the purchasing agency for a circuit or superior court of the county.
(2) Section 5 of this chapter applies to the purchases of a circuit or superior court of the county.
(d) Notwithstanding subsections (a) and (b), a court may request either of the following to be the purchasing agency for the court:
(1) A purchasing agency of the executive branch.
(2) A purchasing agency of a political subdivision.
If a court requests a purchasing agency described in this subsection to be the purchasing agency for the court, the section of this chapter applicable to that purchasing agency applies to purchases made for the court.
As added by P.L.49-1997, SEC.1. Amended by P.L.201-2011, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 4. Purchasing Organizations › 5-22-4-4. Purchasing Agencies for House of Representatives, Senate, and Agencies Under Jurisdiction of Legislative Council

Sec. 4. (a) Except as provided in subsection (e), the house of representatives is the purchasing agency for the house of representatives. The individuals designated by the speaker of the house of representatives are the purchasing agents for the house of representatives.
(b) Except as provided in subsection (e), the senate is the purchasing agency for the senate. The individuals designated by the president pro tempore of the senate are the purchasing agents for the senate.
(c) Except as provided in subsection (e), the legislative services agency is the purchasing agency for an agency under the jurisdiction of the legislative council. The individuals designated by the executive director of the legislative council are the purchasing agents for an agency under the jurisdiction of the legislative council.
(d) Except as provided in subsection (e), an agency of the legislative branch not described in subsections (a) through (c) is the purchasing agency for the agency. The individuals designated by the head of the agency are the purchasing agents for the agency.
(e) Notwithstanding subsections (a) through (d), an agency described in subsections (a) through (d) may request either of the following to be the purchasing agency for the agency making the request:
(1) Another agency described in this section.
(2) A purchasing agency of the executive branch.
If an agency makes a request under this subsection, the section of this chapter applicable to the purchasing agency to which the request was made applies to purchases made for the requesting agency.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 4. Purchasing Organizations › 5-22-4-5. Purchasing Agencies for Political Subdivision

Sec. 5. (a) The purchasing agency for a political subdivision is the person designated by law or by rule of the governmental body.
(b) The individuals designated by the purchasing agency are the purchasing agents for the governmental body.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 4. Purchasing Organizations › 5-22-4-7. Cooperative Purchasing Organizations

Sec. 7. (a) A governmental body may enter into an agreement with other governmental bodies under IC 36-1-7 to form a cooperative purchasing organization.
(b) This article applies to the purchases made by a cooperative purchasing organization.
(c) A cooperative purchasing organization is the purchasing agency for a governmental body with respect to the purchases made for the governmental body by the cooperative purchasing organization. An individual designated by the cooperative purchasing organization is a purchasing agent for the governmental body with respect to the purchases made for the governmental body by the cooperative purchasing organization.
As added by P.L.49-1997, SEC.1.