reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-4. "Contractor Tier"

Sec. 4. As used in this chapter, "contractor tier" refers collectively to the following classes of contractors on a public works project:
(1) "Tier 1 contractor" includes each person that has a contract with the public agency to perform some part of the work on, supply some of the materials for, or supply a service for, a public works project. A person included in this tier is also known as a "prime contractor" or a "general contractor".
(2) "Tier 2 contractor" includes each person that has a contract with a tier 1 contractor to perform some part of the work on, supply some of the materials for, or supply a service for, a public works project. A person included in this tier is also known as a "subcontractor".
(3) "Tier 3 contractor" includes each person that has a contract with a tier 2 contractor to perform some part of the work on, supply some of the materials for, or supply a service for, a public works project. A person included in this tier is also known as a "sub-subcontractor".
(4) "Lower tier contractor" includes each person that has a contract with a tier 3 contractor or lower tier contractor to perform some part of the work on, supply some of the materials for, or supply a service for, a public works project. A person included in this tier is also known as a "lower tier subcontractor".
As added by P.L.252-2015, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-7. Provisions Stated or Incorporated Into Public Works Contracts

Sec. 7. The substance of the provisions of this chapter must be stated or incorporated by reference in each public works contract.
As added by P.L.252-2015, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-9. Tier 1 Contractor Required Work, Materials, or Services Contribution to Public Works Contract

Sec. 9. Each tier 1 contractor must contribute in:
(1) work performed by the tier 1 contractor's employees;
(2) materials supplied directly by the tier 1 contractor;
(3) services supplied directly by the tier 1 contractor's employees; or
(4) any combination of subdivisions (1) through (3);
at least fifteen percent (15%) of the tier 1 contractor's total contract price as determined at the time the contract is awarded.
As added by P.L.252-2015, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-10. Contractor Required Liability Insurance and Qualification

Sec. 10. (a) This section applies to each contractor in any contractor tier of a public works project.
(b) A contractor must maintain general liability insurance in at least the following amounts:
(1) For each occurrence limit, one million dollars ($1,000,000).
(2) For the general aggregate limit, two million dollars ($2,000,000).
(c) This subsection applies to a public works contract awarded after June 30, 2016. A contractor must be qualified under either of the following before doing any work on a public works project:
(1) IC 4-13.6-4.
(2) IC 8-23-10.
As added by P.L.252-2015, SEC.12. Amended by P.L.213-2015, SEC.66.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-11. Contractor Compliance With Certain Statutes; Additional Requirements for Contractors

Sec. 11. Except as provided in this section, the following apply to each contractor in any contractor tier of a public works project:
(1) IC 22-5-1.7. A contractor shall submit to the public agency letting the contract for a public works project, before an individual who is required to be verified under IC 22-5-1.7 begins work on the public works project, the E-Verify case verification number for the individual. An individual who is required to be verified under IC 22-5-1.7 whose final case result is final nonconfirmation may not be employed on the public works project.
(2) A contractor may not pay cash to any individual employed by the contractor for work done by the individual on the public works project.
(3) A contractor must be in compliance with the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201-209) and IC 22-2-2-1 through IC 22-2-2-8.
(4) A contractor must be in compliance with IC 22-3-5-1 and IC 22-3-7-34.
(5) A contractor must be in compliance with IC 22-4-1 through IC 22-4-39.5.
(6) A contractor must be in compliance with IC 4-13-18-1 through IC 4-13-18-7.
(7) A contractor must comply with section 12 of this chapter, if applicable.
As added by P.L.252-2015, SEC.12. Amended by P.L.213-2015, SEC.67.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-12. Training Provided by Contractor; Journeyman Training; Requirement for Certain Contractors to Participate in an Apprenticeship or Training Program

Sec. 12. (a) This section applies after June 30, 2016, only to a contractor that employs ten (10) or more employees.
(b) A contractor must provide access to a training program applicable to the tasks to be performed in the normal course of the employee's employment with the contractor.
(c) A contractor may comply with this section through any of the following:
(1) An apprenticeship program.
(2) A program offered by Ivy Tech Community College of Indiana.
(3) A program offered by Vincennes University.
(4) A program established by or for the contractor.
(5) A program offered by an entity sponsored by the United States Department of Labor, Bureau of Apprenticeship and Training.
(6) A program that results in the award of an industry recognized portable certification.
(7) A program approved by the United States Department of Transportation, Federal Highway Administration.
(8) A program approved by the Indiana department of transportation.
(d) This subsection applies after June 30, 2016, to a tier 1 or tier 2 contractor that employs fifty (50) or more journeymen. The contractor shall participate in an apprenticeship or training program that meets the standards established by or has been approved by any of the following:
(1) The United States Department of Labor, Bureau of Apprenticeship and Training.
(2) The Indiana department of labor.
(3) The United States Department of Transportation, Federal Highway Administration.
(4) The Indiana department of transportation.
As added by P.L.252-2015, SEC.12. Amended by P.L.213-2015, SEC.68.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-13. Records Retention and Confidentiality

Sec. 13. (a) This section applies to a public works contract awarded after June 30, 2016. The payroll and related records of a contractor in any contractor tier must be:
(1) preserved by the contractor for a period of three (3) years after completion of the project work; and
(2) open to inspection by the department of workforce development.
(b) The department of workforce development shall maintain the confidentiality of all records inspected under this section in accordance with the confidentiality provisions of IC 22-4-19-6.
As added by P.L.252-2015, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-14. Investigation of Suspected Worker Misclassification

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.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-15. Violations; Finding Contractor Not Responsible; Use of Finding by Another Public Agency

Sec. 15. (a) This section applies to a contractor in any contractor tier of a public works project.
(b) A public agency that reasonably suspects a contractor has violated a provision of this chapter shall do one (1) of the following:
(1) If the suspected violation concerns or is related to any of the following provisions, the public agency shall refer the matter to the appropriate agency as follows:
(A) For a suspected violation of section 11(1) of this chapter (E-Verify), the Indiana department of labor.
(B) For a suspected violation of section 11(3) of this chapter (the federal FLSA or state minimum wage law), the Indiana department of labor.
(C) For a suspected violation of section 11(4) of this chapter (worker's compensation or occupational diseases), the worker's compensation board of Indiana.
(D) For a suspected violation of section 11(5) of this chapter (unemployment insurance), the department of workforce development.
(2) If the suspected violation concerns a provision of this chapter other than a provision listed in subdivision (1), the public agency shall require the contractor to remedy the violation not later than thirty (30) days after the public agency notifies the contractor of the violation. The notification to the contractor must be signed by the chief executive officer of the public agency and sent by a method that enables the public agency to verify receipt of the notice by the contractor. During the thirty (30) day period, the contractor may continue to work on the public works project. If the contractor fails to remedy the violation within the thirty (30) day period, the public agency shall find the contractor not responsible and determine the length of time the contractor is considered not responsible by the public agency.
(c) In making the determination of the length of time a contractor is not responsible under subsection (b)(2), the public agency shall consider the severity of the violation. The period during which a contractor is considered not responsible:
(1) may not exceed forty-eight (48) months; and
(2) begins on the date of substantial completion of the public works project.
(d) A finding by a public agency under subsection (b)(2) that a contractor is not responsible may not be used by another public agency in making a determination as to whether the contractor is responsible for purposes of that public agency's award of a public works contract to that contractor.
As added by P.L.252-2015, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 13. Requirements for Contractors on Public Works Projects › 5-16-13-16. Structural Steel Welding

Sec. 16. (a) As used in this section, "adequate welding standards" means specifications, guidelines, tests, and other methods used to ensure that all structural steel welds meet, at minimum, the codes and standards for such welds established in the welding code and under rules adopted by the fire prevention and building safety commission under IC 22-13-2-2.
(b) As used in this section, "certified welding inspector" means a person who has been certified by the American Welding Society to inspect structural steel welding projects and conduct welder qualification tests.
(c) As used in this section, "structural steel welding" means structural welds, weld repair, the structural system, and the welding of all primary steel members of a structure in accordance with the welding code. The term does not include welding that is required by the American Society of Mechanical Engineers to have its own certification.
(d) As used in this section, "welding code" refers to the American Welding Society structural steel welding code D1.1, as in effect on July 1, 2023.
(e) A contractor whose workers are welding the structural steel on a public works project shall ensure that all of the following occur:
(1) The workers performing the structural steel welding have been tested by, and hold a valid certification from, a facility that, or an individual who, has been accredited by the American Welding Society to test and certify welders and welding inspectors.
(2) All structural steel welds performed for the project meet adequate welding standards and are listed in the project's job specifications.
(3) All structural steel welding inspections listed in the project's job specifications are completed by a certified welding inspector.
As added by P.L.70-2023, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 14. Determination That a Contractor for a Public Works Project Is Not Responsible › 5-16-14-1. Application of Chapter; Construction With Other Statutes; Inconsistent Provisions Void

Sec. 1. (a) This chapter applies only to a public works contract awarded after June 30, 2015.
(b) The provisions of an applicable public works statute shall be construed consistently with this chapter, but to the extent an applicable public works statute is inconsistent with this chapter, the provisions of this chapter govern.
(c) A provision of an invitation for bids, request for proposals, or public works contract inconsistent with this chapter is void.
As added by P.L.252-2015, SEC.13.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 14. Determination That a Contractor for a Public Works Project Is Not Responsible › 5-16-14-2. Ic 5-16-13 Definitions Apply

Sec. 2. The definitions in IC 5-16-13 apply throughout this chapter.
As added by P.L.252-2015, SEC.13.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 14. Determination That a Contractor for a Public Works Project Is Not Responsible › 5-16-14-3. Review of Determination Contractor Not Responsible

Sec. 3. A determination that a contractor is not responsible is final and conclusive, and subject to judicial review under IC 34-13-5.
As added by P.L.252-2015, SEC.13.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 15. Application of Certain Statutes to Public Works Contracts › 5-16-15-2. "Applicable Public Works Statute"

Sec. 2. As used in this chapter, "applicable public works statute" refers to whichever of the following statutes is applicable to the public works project of a public agency:
(1) IC 4-13.6.
(2) This article.
(3) IC 5-23-4 (build, operate, transfer, and public-private agreements).
(4) IC 5-30 (design-build).
(5) IC 5-32 (employment of construction manager as constructor).
(6) IC 36-1-12.
(7) Any other statute applicable to the public works projects of the public agency.
As added by P.L.149-2021, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 15. Application of Certain Statutes to Public Works Contracts › 5-16-15-3. "Contract"

Sec. 3. As used in this chapter, "contract" refers to a contract for professional services of any of the following for a public works project:
(1) A design professional.
(2) An architect.
(3) An engineer.
(4) An environmental consultant.
(5) A geologist.
(6) A geotechnical consultant.
(7) A landscape architect.
(8) A surveyor.
As added by P.L.149-2021, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 15. Application of Certain Statutes to Public Works Contracts › 5-16-15-4. "Public Agency"

Sec. 4. As used in this chapter, "public agency" has the meaning set forth in IC 5-30-1-11.
As added by P.L.149-2021, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 15. Application of Certain Statutes to Public Works Contracts › 5-16-15-5. "Public Works Project"

Sec. 5. (a) As used in this chapter, "public works project" refers to a construction project governed by an applicable public works statute.
(b) The term does not include any of the following:
(1) A project on the state highway system (as defined in IC 8-23-1-40).
(2) A railroad project (as defined in IC 8-5-15-1).
As added by P.L.149-2021, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 15. Application of Certain Statutes to Public Works Contracts › 5-16-15-6. Ic 26-2-5-4 Applies to a Contract

Sec. 6. IC 26-2-5-4 applies to a contract.
As added by P.L.149-2021, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-0.3. Legalization of Certain Actions

Sec. 0.3. Any action taken before February 21, 1986, that would be valid if taken under this chapter, as amended by P.L.53-1986, is legalized and validated.
As added by P.L.220-2011, SEC.99.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-1. Compliance With Requirements of Chapter; Limits; Exemptions

Sec. 1. (a) This chapter applies to leases of equipment whether or not title passes from the lessor to the lessee. The term "purchaser" as used in this chapter includes persons who make leases for equipment.
(b) Any person, officer, board, commissioner, department, commission, or purchasing agent (designated as purchaser in this chapter) duly authorized and empowered by law or delegated and entrusted with authority to make purchases of material or materials, equipment, goods, and supplies, except current utility bills, or leases of equipment, for any unit of the state shall comply with the requirements of this chapter whenever the total amount of any purchase exceeds ten thousand dollars ($10,000) or total annual rental payment under any lease exceeds five thousand dollars ($5,000).
(c) In all cases of purchase of materials and supplies where the total amount of any such purchase does not exceed the sum of ten thousand dollars ($10,000), and in all cases of the lease of equipment where the annual rental payment does not exceed five thousand dollars ($5,000), the purchaser or lessee may buy or lease in the open market without the giving of notice or the receiving of bids.
(d) All purchases of similar materials, equipment, goods, and supplies by any government unit from a person during a six (6) month period under subsection (c) may not exceed ten thousand dollars ($10,000), and the total annual rental payments to a person under all leases for equipment under subsection (c) may not exceed five thousand dollars ($5,000).
(e) Materials, equipment, goods, and supplies may be purchased, or such equipment may be leased, from the United States government or any agency, division, or instrumentality thereof, without the giving of notice or the receiving of bids.
Formerly: Acts 1945, c.99, s.1; Acts 1953, c.32, s.1; Acts 1963, c.328, s.1; Acts 1969, c.483, s.1. As amended by Acts 1977, P.L.61, SEC.1; Acts 1979, P.L.45, SEC.1; Acts 1981, P.L.57, SEC.13; P.L.53-1986, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-2. Advertising for Purchase of Materials, etc., and Lease of Equipment; Specifications; Notice of Time and Place for Receiving Bids; Procedures; Open Market; Submission of Certified Check or Bond by Bidder; Rejection

Sec. 2. (a) In all cases of advertising for the purchase of materials, equipment, goods and supplies, and the lease of equipment, the purchaser shall prepare specifications describing with reasonable particularity the kind, quantity and quality of all materials, equipment, goods, and supplies which may be needed for any designated period. It may be provided in such specifications that bids will be received and contracts let, separately, for each line or class of materials, equipment, or supplies, or the specifications may provide that bids will be received and contracts let for the purchase or lease of an unspecified number of items at a fixed price per unit.
(b) Notice of the time and place for receiving of bids for the purchase or lease shall be given in accordance with IC 5-3-1.
(c) If the cost of the materials, equipment, goods, and supplies to be purchased does not exceed ten thousand dollars ($10,000) or the equipment to be leased does not exceed five thousand dollars ($5,000), the purchaser may invite bids from not less than three (3) persons, firms, limited liability companies, or corporations, known to deal in the particular class or classes of materials, equipment, goods, or supplies described in the specifications, by mailing to each person, firm, limited liability company, or corporation a copy of such specifications not less than three (3) days before the time fixed for receiving bids. Said purchaser or purchasers shall, after a satisfactory bid is received, award a contract to the lowest and best bidder for each class of supplies, equipment, goods, or materials required, except that if less than three (3) bids are received, to the best bid so received.
(d) If any purchaser invites or advertises for bids for any material, materials, equipment, goods or supplies, pursuant to the provisions of this chapter, and does not receive a valid bid therefor or for any item thereof, in that event any such item or items of material, materials, equipment, goods or supplies so sought or advertised for may be purchased or equipment may be leased on the open market without further advertisement for bids.
(e) Any bidder may submit with his bid a certified check or the bond of a surety company admitted to do business in this state in the amount determined and specified by the purchasing agent in the notice of the letting.
(f) The purchaser may reject any and all bids and ask for new bids.
Formerly: Acts 1945, c.99, s.2; Acts 1969, c.483, s.2. As amended by Acts 1977, P.L.61, SEC.2; Acts 1979, P.L.45, SEC.2; Acts 1981, P.L.57, SEC.14; P.L.38-1984, SEC.1; P.L.8-1993, SEC.69.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-2.5. Road or Street Work Contracts; Open Price; Material Price Adjustments; Limitation

Sec. 2.5. (a) Notwithstanding sections 2 and 3 of this chapter and IC 8-23-9, the Indiana department of transportation may award a public works contract for road or street work subject to the open price provisions of IC 26-1-2-305.
(b) Such a contract may provide that prices for construction materials, including but not limited to liquid asphalts, are subject to price of materials adjustment. When price adjustments are part of the contract, the method of price adjustment shall be specified in the contract.
(c) Nothing in this section authorizes the expenditure of money over and above the total amount of money appropriated by the state for road and street contracts.
As added by Acts 1980, P.L.34, SEC.1. Amended by Acts 1981, P.L.57, SEC.15; P.L.18-1990, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-3. Prescribed Forms for Trust Bids, Offers, Proposals, Estimates, or Contracts

Sec. 3. (a) A purchaser may not make any purchase or contract for the purchase of any material, equipment, goods, or supplies or the lease of equipment unless the bid, offer, proposal, estimate, or contract of any person, firm, limited liability company, or corporation offering any and all such articles for sale or equipment for lease is executed upon the forms prescribed by the state board of accounts setting forth the quantity, quality, and purchase or lease price of every article and thing proposed for sale or lease.
(b) A bid, offer, proposal, estimate, or contract submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
Formerly: Acts 1945, c.99, s.3. As amended by Acts 1977, P.L.61, SEC.3; P.L.336-1989(ss), SEC.16; P.L.8-1993, SEC.70.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-4. Delivery of Original Purchase Order or Lease; Filing Copies

Sec. 4. Within thirty (30) days after the acceptance of any bid, offer, proposal, estimate, or contract for purchase of materials, equipment, goods, and supplies, or lease of equipment, the purchaser or purchasers shall:
(1) deliver in person or mail to the seller or lessor the original of each purchase order or lease;
(2) retain a copy for his own records; and
(3) when any purchase or lease is made for the state or any agency or instrumentality thereof, file a copy of the purchase order or lease with the disbursing officer for the unit.
Formerly: Acts 1945, c.99, s.4. As amended by Acts 1977, P.L.61, SEC.4; Acts 1980, P.L.74, SEC.13; Acts 1981, P.L.57, SEC.16; P.L.53-1986, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-5. Repealed

Formerly: Acts 1945, c.99, s.5. As amended by Acts 1977, P.L.61, SEC.5; Acts 1978, P.L.2, SEC.520. Repealed by P.L.126-2012, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-6. Repealed

Formerly: Acts 1945, c.99, s.6. As amended by Acts 1977, P.L.61, SEC.7. Repealed by P.L.126-2012, SEC.27.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-7. Liability of Purchasers for Wrongful Performance

Sec. 7. Where in this chapter a duty is imposed upon the purchasers, such duty shall be performed by the person, officer, clerk, or employee whose duty or employment require that they act for any board, commission, department, or unit of government making any such purchase, and any such person, officer, clerk, or employee shall be liable on his bond for any loss or damage resulting from a wrongful performance of such duty or from any violation of any of the provisions of this chapter.
Formerly: Acts 1945, c.99, s.7. As amended by P.L.25-1986, SEC.94.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-8. Repealed

Formerly: Acts 1945, c.99, s.8. As amended by Acts 1977, P.L.61, SEC.6; Acts 1980, P.L.74, SEC.14; Acts 1981, P.L.32, SEC.14. Repealed by Acts 1981, P.L.57, SEC.45.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-8.1. Chapter to Be Supplemental to All Laws; Limitations

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.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-10. Procurement Preferences

Sec. 10. A purchase under this chapter is subject to procurement preferences provided under IC 5-22-15.
As added by P.L.19-1990, SEC.4. Amended by P.L.49-1997, SEC.32.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 1. Purchases and Leases of Personal Property by State Agencies › 5-17-1-11. Payment of Gross Retail Tax Condition of Doing Business

Sec. 11. IC 5-22-16-4(b) applies to a lease or purchase of personal property made after June 30, 2003, by an agency (as defined in IC 4-13-2-1) or a state educational institution to the same extent as if the lease or purchase were subject to IC 5-22.
As added by P.L.254-2003, SEC.2. Amended by P.L.2-2007, SEC.106.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 5. Prompt Payment › 5-17-5-1. Penalty for Late Payments of Amounts Due on Public Contracts

Sec. 1. (a) Except as provided in section 2 of this chapter, every state agency and political subdivision shall pay a late payment penalty at a rate of one percent (1%) per month on amounts due on written contracts for public works, personal services, goods and services, equipment, and travel whenever the state agency or political subdivision fails to make timely payment.
(b) Except as provided in subsection (c), for the purposes of this section, payment is timely if:
(1) a check or warrant is mailed or delivered on the date specified for the amount specified in the applicable contract documents, or, if no date is specified, within thirty-five (35) days of:
(A) receipt of goods and services; or
(B) receipt of a properly completed claim.
(2) for any amount required to be withheld under state or federal law, a check or warrant is mailed or delivered in the proper amount on the date the amount may be released under the applicable law.
(c) For the purposes of this section, payment by a political subdivision is timely if:
(1) a date for payment is not specified in an applicable contract;
(2) a claim:
(A) for payment for goods or services; and
(B) that must be approved by a local legislative body or board;
is submitted to the body or board; and
(3) the political subdivision pays the claim within thirty-five (35) days following the first regularly scheduled meeting of the body or board that is held at least ten (10) days after the body or board receives the claim.
As added by P.L.59-1983, SEC.1. Amended by P.L.52-1988, SEC.1; P.L.44-1996, SEC.1; P.L.260-1997(ss), SEC.47.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 5. Prompt Payment › 5-17-5-2. Exemption; "Good Faith Dispute" Defined

Sec. 2. (a) Section 1 of this chapter does not apply to the following:
(1) Interagency or intergovernmental transactions.
(2) Amounts payable to employees or prospective employees of state agencies or political subdivisions as reimbursement for expenses.
(3) Claims subject to a good faith dispute, if before the date of timely payment notice of the dispute is:
(A) sent by certified mail;
(B) personally delivered; or
(C) sent in accordance with the procedure in the contract.
(4) Contracts entered into before September 1, 1983.
(5) Contracts related to highway or road construction, reconstruction, or maintenance, if:
(A) the Indiana department of transportation authorizes partial progress payments under IC 8-23-9-14; and
(B) each progress payment does not exceed five hundred dollars ($500).
(6) Claims, contracts, or projects that are to be paid for exclusively with federal funds.
(b) As used in subsection (a)(3), "good faith dispute" means:
(1) a contention by the state or political subdivision that goods delivered or services rendered were:
(A) of less quantity or quality than ordered or specified by contract;
(B) faulty; or
(C) installed improperly; or
(2) any other reason giving cause for the withholding of payment by the state or political subdivision until such dispute is settled.
As added by P.L.59-1983, SEC.1. Amended by P.L.52-1988, SEC.2; P.L.18-1990, SEC.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 5. Prompt Payment › 5-17-5-3. Funds for Late Payment Penalties; Accrual of Late Payment Penalty; Defective Claims

Sec. 3. (a) The auditor of state shall pay a late payment penalty on behalf of any state agency required to pay late payment penalties under this chapter. The auditor of state shall pay the penalties from funds designated for administrative costs of the agency receiving the public works, personal services, goods and services, equipment, or travel. The penalties may not be paid from other funds of the state.
(b) Any late payment penalty that remains unpaid at the end of any thirty (30) day period shall be added to the principal amount of the debt and, thereafter, penalties shall accrue on that amount.
(c) In instances where a claim is filled out incorrectly, or where there is any defect or impropriety in a claim submitted, the auditor of state, any division of the Indiana department of administration that accepts claims for payment, or a political subdivision, as appropriate, shall contact the vendor within ten (10) days. An error on the vendor's claim, if corrected within five (5) business days of being so contacted, may not result in the vendor being paid late.
As added by P.L.59-1983, SEC.1. Amended by P.L.44-1996, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 5. Prompt Payment › 5-17-5-4. Late Payment Penalties to Subcontractors; Accrual of Interest

Sec. 4. (a) This section applies to contractors receiving late payment penalties under section 1 of this chapter.
(b) A contractor who is unable to make timely payments to a subcontractor because of a state agency or political subdivision's failure to make timely payments to the contractor shall pay interest to the subcontractor at the rate of one percent (1%) per month on the amount due the subcontractor after the contractor receives payment and any penalty paid under this chapter.
(c) Any interest that remains unpaid to the subcontractor at the end of any thirty (30) day period shall be added to the principal amount of the debt. After that time, interest accrues on the aggregate of the principal and unpaid interest.
As added by P.L.52-1988, SEC.3. Amended by P.L.44-1996, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 17. Public Purchases › Chapter 5. Prompt Payment › 5-17-5-5. List of Agencies Paying Late Payment Penalties

Sec. 5. (a) The auditor of state shall prepare a list that:
(1) identifies each state agency that has paid, or on whose behalf the auditor of state has paid, a late payment penalty under this chapter; and
(2) states the sum paid by the agency or by the auditor of state on behalf of the agency during the preceding year.
(b) The auditor of state shall submit the list prepared under subsection (a) to:
(1) the governor; and
(2) the budget agency;
before August 1 of each year.
As added by P.L.52-1988, SEC.4. Amended by P.L.44-1996, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1. Cooperation With Federal Government to Receive Benefits › 5-19-1-1. Cooperation With Federal Government

Sec. 1. The state, or any political subdivision thereof, are each hereby authorized and empowered to the full extent authorized by the Constitution of Indiana and not prohibited by law, to accept the provisions of any law of the Congress of the United States of America, or any rule, regulation, order or finding made pursuant thereto, now or hereafter in force, which, upon acceptance, authorizes the state, or any political subdivision thereof, to cooperate with the federal government, or to receive benefits for itself or any of its citizens; and the state, or any political subdivision thereof, is hereby authorized and empowered to do any and all acts, and to make any rule, regulation, order, or finding, that may be necessary to cooperate with the federal government or to effectuate the purposes of any such federal law.
Formerly: Acts 1947, c.178, s.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1. Cooperation With Federal Government to Receive Benefits › 5-19-1-2. Acceptance by State

Sec. 2. The acceptance by the state shall be made by the officer, board, bureau, commission, department, or division having authority by law to do the acts to effectuate the purposes of any such federal law, by, and with the consent of the governor.
If there is no officer, board, bureau, commission, department or division having authority by law to do the acts to cooperate with the federal government or to effectuate the purposes of such federal law, and it is a matter which the state has power or authority to do, then the governor may designate or appoint an officer or agency to administer, cooperate with, and effectuate the purposes of such federal law, and such officers or agency so designated or appointed with the approval of the governor shall administer the same.
Formerly: Acts 1947, c.178, s.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1. Cooperation With Federal Government to Receive Benefits › 5-19-1-3. Acceptance by Political Subdivisions

Sec. 3. The acceptance by any political subdivision shall be made by the governing authority of such political subdivision by and with the consent of the appropriating authority of such political subdivision, if expenditures of any public funds of such political subdivision be required. No fund of any said political subdivision shall be expended without due appropriation as provided by law, but said political subdivision may make regular appropriations for the purposes authorized by this chapter or may make them as emergency appropriations are made.
Formerly: Acts 1947, c.178, s.3. As amended by P.L.25-1986, SEC.101.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1. Cooperation With Federal Government to Receive Benefits › 5-19-1-3.5. Federal Funds; Appropriation

Sec. 3.5. If any federal funds be received by the state pursuant to the provisions of any such federal law, the same are hereby appropriated for the uses and purposes provided by said federal law, if such appropriation be required.
Formerly: Acts 1972, P.L.8, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1. Cooperation With Federal Government to Receive Benefits › 5-19-1-4. Definitions

Sec. 4. The following words and phrases, as used in this chapter, shall, for the purposes of this chapter, unless a different meaning appears from the context, have the following meanings:
(a) The singular shall include the plural and the plural shall include the singular as requisite.
(b) The term "state" shall mean and include the state of Indiana, the governor of the state of Indiana, any agency of the state of Indiana designated by the governor to receive federal aid, and any officer, board, bureau, commission, division, or department. The term "governor" shall mean the governor of the state of Indiana.
(c) The term "political subdivision" shall mean and include any county of Indiana, any civil township of Indiana, any civil incorporated city or town of Indiana, any school corporation of any township, city, or town of Indiana, or any other territorial subdivision of the state recognized or designated in any law, any public utility entity not privately owned, any public sewage disposal entity, any public flood control or levee district or entity, any public drainage district or entity, any public sanitary district or entity, and any public improvement district authority or entity authorized to levy taxes or assessments.
Formerly: Acts 1947, c.178, s.5. As amended by P.L.25-1986, SEC.102.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1.5. Grant Anticipation Notes › 5-19-1.5-1. Definitions

Sec. 1. As used in this chapter:
(a) The term "borrower" means any county, any incorporated city or town, any special taxing district, any regional sewer or water district, all other political units now existing or hereafter created, and any not-for-profit corporation eligible for federal or state grants.
(b) The term "governing body" means the legislative body of the borrower.
(c) The term "grant" means any moneys to be received from the United States government or any of its agencies, or the state of Indiana, or any of its agencies, intended to be used for the construction of facilities for any waterworks systems or facilities for sewage works system, or the construction or improvement of any other public works which the borrower may lawfully undertake as to which a grant has been made by the granting agency.
(d) The term "person" means any person, firm, corporation, limited liability company, governmental agency, or lending institution.
(e) The term "project" means the facilities, public works or undertaking for which the grant is made applicable.
As added by Acts 1981, P.L.61, SEC.1. Amended by P.L.8-1993, SEC.71.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1.5. Grant Anticipation Notes › 5-19-1.5-2. Authorization; Terms

Sec. 2. Any borrower to which a grant has been allocated, pending the receipt thereof, but within the limitation set forth in this chapter, may borrow from any person and evidence the debt so incurred by a note, or a series of notes of equal or unequal amounts, executed by at least two (2) officers or one (1) officer and one (1) employee as authorized by the governing body of the borrower and containing such terms and provisions as may be prescribed by the governing body of the borrower. Any note shall mature not more than three (3) years from the date of issuance and may pledge for the payment of the principal and interest therefor, the proceeds of the grant and any revenue which may be derived from the facility being constructed or improved by the proceeds of the note or notes. However, no amounts may be borrowed in anticipation of a grant until a written contract is received from the grantor indicating that the grant is forthcoming.
As added by Acts 1981, P.L.61, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1.5. Grant Anticipation Notes › 5-19-1.5-3. Maximum Amounts; Prepayment Upon Receipt of Grants

Sec. 3. The maximum amount of any loan made pursuant to this chapter shall not exceed eighty percent (80%) of the estimated amount of the grant in anticipation of which the loan is made. Further, the borrower shall make prepayments on the outstanding balance of its note, or retire one (1) or more of its series of outstanding notes, promptly upon partial receipt of grant funds so that the outstanding amount of any loan made pursuant to the provisions of this chapter shall not exceed the balance of the grant funds yet to be received.
As added by Acts 1981, P.L.61, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1.5. Grant Anticipation Notes › 5-19-1.5-5. Application of Proceeds

Sec. 5. It shall be the duty of the governing body to apply the proceeds of any obligations issued pursuant to this chapter to those items of cost for which the grant has been allocated by the granting agencies, or as to revenue sharing funds, by the governing body. The purchaser of any obligations shall not be liable for the proper application of the proceeds, or to insure that the maximum amount of the loan stays within the maximum limits as grant funds are from time to time received by the borrower.
As added by Acts 1981, P.L.61, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1.5. Grant Anticipation Notes › 5-19-1.5-6. Tax Exemption

Sec. 6. All obligations issued pursuant to this chapter and all interest to accrue thereon shall have the tax exempt status prescribed by IC 6-8-5.
As added by Acts 1981, P.L.61, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1.5. Grant Anticipation Notes › 5-19-1.5-7. Indiana Economic Development Corporation; Authorization to Make Grant Anticipation Loans

Sec. 7. Notwithstanding anything to the contrary in IC 5-28-8, the Indiana economic development corporation may make grant anticipation loans as authorized by this chapter from the fund established by IC 5-28-8-5.
As added by Acts 1981, P.L.61, SEC.1. Amended by P.L.4-2005, SEC.30.
2023 Indiana Code › Title 5. State and Local Administration › Article 19. Federal Aid › Chapter 1.5. Grant Anticipation Notes › 5-19-1.5-8. Advertisements for Bids; Inclusion of Notice of Financing Under Chapter

Sec. 8. A borrower may not finance a project with loans authorized by this chapter unless that fact is included in all advertisements for bids for construction work on that project.
As added by Acts 1981, P.L.61, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 20. Housing › Chapter 1. Indiana Housing and Community Development Authority › 5-20-1-1. Legislative Findings and Declaration of Public Policy

Sec. 1. Legislative Findings and Declaration of Public Policy. It is hereby declared:
(1) that there exists in the state of Indiana a need for safe and sanitary residential housing within the financial means of low and moderate income persons and families, a need which unmet is a threat to the health, safety, morals and welfare of Indiana residents and which will require an excessive expenditure of public funds for the social problems thus created;
(2) that private enterprise and investment will more adequately be able to produce the needed construction of decent, safe and sanitary residential housing at prices or rentals which persons and families of low and moderate income can afford, or to achieve the urgently needed rehabilitation of much of the present low and moderate income housing; that it is imperative that the supply of residential housing for persons and families of low and moderate income displaced by public actions or natural disaster be increased; and that private enterprise and investment be encouraged to sponsor, build and rehabilitate residential housing for such persons and families;
(3) that the provision of decent, safe and sanitary housing for persons and families of low and moderate income who would otherwise be unable to obtain adequate housing at costs they could afford is a valid public purpose for which public money may be spent;
(4) that there exists a need in Indiana to stimulate the residential housing industry; that public employees have unmet needs with regard to residential housing; that state retirement plans need additional, safe avenues for investment; and that the provision of money for mortgage loans through the issuance of mortgage-backed bonds or notes will in part meet these needs; and
(5) that the necessity in the public interest and welfare for the provisions of this chapter is hereby declared a matter of legislative determination.
As added by Acts 1978, P.L.28, SEC.1. Amended by Acts 1982, P.L.35, SEC.2.