reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 10.5. State Investments › 5-13-10.5-12. Investment in Participations in Loans

Sec. 12. (a) The treasurer of state may invest or reinvest any funds that are held by the treasurer and available for investment, in participations in loans. However, funds may be invested or reinvested in a participation in loans under this subsection only under the following conditions:
(1) The principal of the participation in loans must be guaranteed by an agency or instrumentality of the United States government.
(2) The participation in loans must be represented by a certificate issued by a bank that is:
(A) incorporated under the laws of Indiana, another state, or the United States; and
(B) insured by the Bank Insurance Fund of the Federal Deposit Insurance Corporation.
(b) Funds may be invested or reinvested in a participation in loans under subsection (a) even if the certificate representing the participation in loans is not insured by the Bank Insurance Fund of the Federal Deposit Insurance Corporation.
As added by P.L.18-1996, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 10.5. State Investments › 5-13-10.5-13. Lending Securities

Sec. 13. The treasurer of state may lend any securities acquired under section 7 or 11 of this chapter. However, securities may be lent under this section only if the agreement under which the securities are lent is collateralized by:
(1) cash; or
(2) non-cash collateral if the state is indemnified by the custodian holding the non-cash collateral;
in excess of the total market value of the loaned securities.
As added by P.L.18-1996, SEC.23. Amended by P.L.102-2014, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 10.5. State Investments › 5-13-10.5-15. Public Depository Insurance Assessment

Sec. 15. Any public depository insurance assessment paid by a depository on any deposit account of the state under IC 5-13-12-5 shall be deducted from the interest otherwise payable on that account.
As added by P.L.18-1996, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 10.5. State Investments › 5-13-10.5-17. Service Charge

Sec. 17. Any public officer of the state that makes a deposit in any deposit or other account may be required to pay a service charge to the depository in which the funds are deposited, if the depository requires all customers to pay the charge for providing that service. If the total service charge cannot be computed before the investment, the investing officer of the state shall estimate the service charge and adjust the interest rate based on this estimate. The service charge may be paid by direct charge to the deposit or other account or in any other manner mutually agreed upon by the investing officer and the depository.
As added by P.L.18-1996, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 11. Investment Cash Management System › 5-13-11-1. Contract With Depository

Sec. 1. The county board of finance for a county described in IC 5-13-7-1 or the fiscal body for any other political subdivision and the investing officer of a political subdivision may contract with a depository for the operation of an investment cash management system.
As added by P.L.19-1987, SEC.13. Amended by P.L.46-1991, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 11. Investment Cash Management System › 5-13-11-2. Requirements of Investment Contracts; Awarding of Contracts

Sec. 2. (a) The contract must:
(1) be in writing;
(2) provide for the investment of funds by the depository with the approval of the investing officer;
(3) provide that the depository keep those records concerning the investment cash management system that the political subdivision would maintain for audits by the state board of accounts;
(4) provide that investments will be made in accordance with this article;
(5) provide that the depository may invest funds in the same investments and for the same terms as the treasurer of state may invest funds of the state under this article;
(6) not have a term of more than two (2) years; and
(7) be awarded under the bidding provisions of IC 5-22.
(b) If no designated depository whose principal office or branch is located within the political subdivision will provide an investment cash management service permitted in this chapter, then the contract for an investment cash management service must be awarded as provided in IC 5-13-8-9(c). If the investment cash management service contract is awarded to a financial institution whose principal office or branch is located outside the political subdivision, then the recipient of the contract does not constitute a designated depository of the political subdivision for purposes of investment under IC 5-13-9-3 unless it meets the limitations of IC 5-13-9-4 or IC 5-13-9-5, but does constitute a depository under this article for all other purposes.
As added by P.L.19-1987, SEC.13. Amended by P.L.49-1997, SEC.28; P.L.102-2014, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 11. Investment Cash Management System › 5-13-11-2.5. Contract Renewal

Sec. 2.5. (a) A contract may be renewed under this chapter if the county board of finance for a county subject to IC 5-13-7-1 or the fiscal body of a political subdivision and the investing officer of the political subdivision agree with the depository to renew the contract under the same terms or better terms as the original contract.
(b) The term of a renewed contract may not be longer than the term of the original contract.
(c) A contract may be renewed any number of times.
As added by P.L.173-2003, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 11. Investment Cash Management System › 5-13-11-3. Service Charge for Management of System; Payment by Direct Charge or From Interest Earned

Sec. 3. The contract may provide for the depository to assess a service charge for its management of the investment cash management system. The service charge may be paid:
(1) by direct charge to the deposit or other account; or
(2) in a manner that subtracts the service charge from interest earned on the funds in the deposit or other account.
As added by P.L.19-1987, SEC.13. Amended by P.L.66-1989, SEC.2; P.L.147-2011, SEC.3; P.L.202-2011, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 11. Investment Cash Management System › 5-13-11-5. Interest or Accretion

Sec. 5. The depository shall credit any interest or other accretion from an investment to the investment account of the political subdivision. The interest or accretion becomes a part of the principal in that account.
As added by P.L.19-1987, SEC.13.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 12. Board for Depositories › 5-13-12-1. Creation; Purpose; Public Deposit Insurance Fund; Tax Exemption

Sec. 1. (a) There is created an independent body politic and corporate, constituting an instrumentality of the state for the public purposes set out in this chapter, to be known as the board for depositories. The board is separate from the state in its corporate and sovereign capacity. The purpose of the board is to insure the safekeeping and prompt payment of all public funds deposited in any depository, to the extent they are not covered by insurance of any federal deposit insurance agency, by maintaining and operating in its own name the public deposit insurance fund under this chapter.
(b) Every depository that has public funds shall pay into the public deposit insurance fund the assessments provided in this chapter and comply with all lawful requirements of the board for depositories. The public deposit insurance fund shall be maintained by the assessments payable by the depositories and by the collection of all claims created under IC 5-13-13 and by the receipt of all interest and other earnings of the insurance fund from any source.
(c) All property in the public deposit insurance fund, the interest or income derived from it or through its use, and all property otherwise held by the board for depositories under this chapter is exempt from all taxes imposed by the state or any political subdivision.
As added by P.L.19-1987, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 12. Board for Depositories › 5-13-12-3. Function, Powers, and Purpose

Sec. 3. (a) The board for depositories exercises essential public functions, and has a perpetual existence. The board has all powers necessary, convenient, or appropriate to carry out and effectuate its public and corporate purposes, including but not limited to the powers to do the following:
(1) Adopt, amend, and repeal bylaws and rules consistent with this chapter to regulate its affairs and to effect the powers and purposes of the board, all without the necessity of adopting a rule under IC 4-22-2.
(2) Adopt its budget on a calendar year or fiscal year as it shall determine.
(3) Sue and be sued in its own name.
(4) Have an official seal and alter it at will.
(5) Maintain an office or offices at a place or places within Indiana as it may designate.
(6) Make and execute contracts and all other instruments with either public or private entities.
(7) Communicate with the employees of the Indiana finance authority to the extent reasonably desirable in working on a guarantee of an economic development obligation or credit enhancement obligation.
(8) Deposit all uninvested funds of the public deposit insurance fund in a separate account or accounts in financial institutions that are designated as depositories to receive state funds under IC 5-13-9.5. The money in these accounts shall be paid out on checks signed by the chairman or other officers or employees of the board as it shall authorize.
(9) Take any other act necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter.
(b) In enforcing any obligation of the borrower or any other person under the documents evidencing a guarantee, the board may renegotiate the guarantee, modify the rate of interest, term of the industrial development obligation or credit enhancement obligation, payment of any installment of principal or interest, or any other term of any documents, settle any obligation on the security or receipt of property or the other terms as in its discretion it deems advantageous to the public deposit insurance fund, and take any other action necessary or convenient to such enforcement.
(c) The records of the board for depositories relating to negotiations between it and prospects for economic development obligation or credit enhancement obligation guarantees are excepted from the provisions of IC 5-14-3-3.
As added by P.L.19-1987, SEC.14. Amended by P.L.11-1990, SEC.106; P.L.18-1996, SEC.24; P.L.235-2005, SEC.80; P.L.189-2018, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 12. Board for Depositories › 5-13-12-4. Secretary-Investment Manager; Powers and Duties

Sec. 4. (a) The secretary-investment manager shall administer, manage, and direct the affairs and activities of the board under the policies and under the control and direction of the board. In carrying out these duties, the secretary-investment manager has the power to do the following:
(1) Approve all accounts for salaries and allowable expenses of the board, including, but not limited to:
(A) the employment of general or special attorneys, consultants, and employees and agents as may be necessary to assist the secretary-investment manager in carrying out the duties of that office and to assist the board in its consideration of applications for a guarantee of an economic development obligation or credit enhancement obligation guarantee; and
(B) the setting of compensation of persons employed under clause (A).
(2) Approve all expenses incidental to the operation of the public deposit insurance fund.
(3) Perform other duties and functions that may be delegated to the secretary-investment manager by the board or that are necessary to carry out the duties of the secretary-investment manager under this chapter.
(b) The secretary-investment manager shall keep a record of the proceedings of the board, and shall maintain and be custodian of all books, documents, and papers filed with the board, and its official seal. The secretary-investment manager may make copies of all minutes and other records and documents of the board, and may give certificates under seal of the board to the effect that the copies are true copies. All persons dealing with the board may rely upon the certificates.
(c) Before July 30, 2013, the auditor of state shall:
(1) make the second 2013 distribution from the pension distribution fund to the Indiana public retirement system for deposit in the pension relief fund as required by this section as it existed on June 30, 2013; and
(2) transfer all of the balance in the pension distribution fund remaining after the distribution under subdivision (1) to the public deposit insurance fund.
As added by P.L.19-1987, SEC.14. Amended by P.L.281-2001, SEC.1; P.L.146-2008, SEC.39; P.L.115-2010, SEC.14; P.L.35-2012, SEC.92; P.L.93-2013, SEC.2; P.L.189-2018, SEC.35.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 12. Board for Depositories › 5-13-12-6. Depositories; Duty to File Monthly Report and Pay Assessment to Insurance Fund; Failure to Pay; Forms

Sec. 6. (a) On or before the fifth day of each month, every depository that had public funds on deposit with it during the preceding month shall:
(1) file with the board for depositories a certified report under oath showing for the preceding month the amount of the assessment base and the amount of the monthly assessment due the insurance fund, as determined under section 5 of this chapter; and
(2) pay the insurance fund the amount of the monthly assessment it is required to certify. The board for depositories may waive all or part of the reporting requirement under this section during any period when the board does not levy an assessment.
(b) If any depository fails to pay the insurance fund on or before the fifth day of each one (1) month period the full assessment due from it for the preceding one (1) month period on account of public funds deposited with it, the depository is liable for double the assessment. This amount may be recovered in any court of competent jurisdiction in a civil action by the state on the relation of the board for depositories.
(c) The state board of accounts, with the approval of the attorney general, shall prepare and prescribe the forms of reports required by this section.
As added by P.L.19-1987, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 12. Board for Depositories › 5-13-12-8.6. Validity of Certain Loan Guaranties

Sec. 8.6. Notwithstanding the expiration of section 8.5 of this chapter on December 31, 2002, a loan guarantee made by the board for depositories under that section before December 31, 2002, remains a valid and binding obligation of the board for depositories after December 31, 2002, as if section 8.5 of this chapter had not expired.
As added by P.L.220-2011, SEC.96.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 12. Board for Depositories › 5-13-12-9. Investment in Instruments of Indebtedness of Credit Corporation Issued Certificate of Election by Secretary of State

Sec. 9. In addition to the investments authorized in section 7(d) of this chapter, the board may invest, reinvest, and exchange investments of the insurance fund in excess of the cash working balance in instruments of indebtedness of a credit corporation to which the secretary of state has issued a certificate of election under IC 23-6-4-8.
As added by P.L.19-1987, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 12. Board for Depositories › 5-13-12-10. Subordination of Valid Security Agreement, Mortgage, Combinations Thereof, or Other Appropriate Document Securing Direct Obligations

Sec. 10. With regard to direct obligations of the Indiana finance authority that have been issued in conjunction with an economic development project undertaken by the authority, including those obligations that are guaranteed by the board under this chapter or purchased by the board under section 7(d)(8) of this chapter, the board may upon the request of the authority permit a subordination of any valid security agreement, mortgage, combinations thereof, or other appropriate document securing the direct obligations, if the board in its discretion determines that the subordination is reasonably necessary to accomplish the objectives of the economic development project.
As added by P.L.19-1987, SEC.14. Amended by P.L.11-1990, SEC.109; P.L.235-2005, SEC.83; P.L.189-2018, SEC.38.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 12. Board for Depositories › 5-13-12-12. Board Reports; Presentment to Budget Committee

Sec. 12. (a) In June and December each year, the board shall prepare a written report generally summarizing the board's activities and the status of the public deposit insurance fund for the previous six (6) months. However, the report may not identify a particular financial institution notwithstanding the requirements of IC 5-14-3. The report shall be made available on the board's Internet web site.
(b) The chairperson of the board or the chairperson's designee shall present the semiannual report to the budget committee at a public hearing.
As added by P.L.115-2010, SEC.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 12. Board for Depositories › 5-13-12-13. Loan to State General Fund; Repayment

Sec. 13. (a) The board for depositories shall hold until paid in accordance with its terms the instrument of indebtedness evidencing the obligation of the budget agency to repay the loan made from the public deposit insurance fund to the state general fund under P.L.224-2003, SECTION 116, as amended by P.L.229-2011, SECTION 277. The budget agency shall pay the loan in ten (10) equal annual installment payments made each July, beginning July 2013 and ending July 2022.
(b) There is annually appropriated to the budget agency from the state general fund five million dollars ($5,000,000) each July, beginning July 2013, and ending July 2022, to make the payments required by subsection (a).
(c) This section expires July 1, 2023.
As added by P.L.93-2013, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 13. Payments From the Public Deposit Insurance Fund › 5-13-13-1. Closed Depository; Payments to Public Officers of Public Funds Deposited; Determination of Sums; Certification

Sec. 1. (a) Whenever any depository becomes a closed depository, the board shall, as soon as possible and upon the conditions prescribed in this section, make payment from the insurance fund to the proper public officers of all public funds that were deposited in the closed depository in the manner required by this article. These payments shall be made only to the extent the public funds are not covered by insurance of any federal deposit insurance agency.
(b) For the purpose of determining the sums to be paid on account of public funds in any closed depository, the department of financial institutions shall ascertain the amount of public funds on deposit in any closed depository as disclosed by the records, and certify the amounts to the attorney general, auditor of state, the several public officers who have public funds on deposit, and the board for depositories, which then constitutes a claim on the fund. The certification shall be made within twenty (20) days after its special representative has taken charge of the business and property of any closed depository, or the receiver of any national banking association or state chartered state banks within twenty (20) days after appointment.
(c) Within ten (10) days after the receipt of a certification under subsection (b), the several public officers who have public funds on deposit in the closed depository shall furnish to the attorney general and the auditor of state:
(1) verified statements of the amount of the public funds on deposit in the closed depository, as disclosed by their records;
(2) certified copies of the resolution or resolutions under which the deposits were made; and
(3) any other information requested by the attorney general and the auditor of state.
As added by P.L.19-1987, SEC.15. Amended by P.L.5-1988, SEC.38.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 13. Payments From the Public Deposit Insurance Fund › 5-13-13-2. Amount of Public Funds in Closed Depository; Determination Procedure

Sec. 2. (a) After the receipt of the certificate and statements required by section 1 of this chapter, the attorney general and the auditor of state shall ascertain and fix the amount of public funds in the closed depository deposited in the manner required by this article. The amount of public funds deposited contrary to the requirements of this article are not insured by this article.
(b) The attorney general and the auditor of state shall, within sixty (60) days after the receipt of the certificate and statements, send a copy of their decision by registered mail to the several public officers who have filed statements and to the department of financial institutions, or to the receiver if the closed depository is a national banking association.
(c) The department of financial institutions or the receiver shall cause notice of the decision to be published by one (1) publication in a newspaper of general circulation in the county where the closed depository is situated. This notice must be under the heading "Notice to Depositors of ____________" (inserting the name of the closed depository). The costs of the publication shall be charged to the liquidation expense of the closed depository.
(d) Except as otherwise provided in this chapter, the decision of the attorney general and the auditor of state, if they agree, is final, and has the same force as a final judgment of a court. However, if any depositor of the closed depository, within ten (10) days after the publication of the notice required by this section, files objections to that decision in writing in any court competent to determine matters concerning the closed depository, the auditor of state shall withhold payment of the claim until the objections are determined by the court.
(e) If the attorney general and auditor of state do not send a copy of their decision to the department of financial institutions or to the receiver of the national banking association within the time required by this section, or if objections in writing are made as provided in this section, the department of financial institutions or any receiver or any treasurer or other person having funds on deposit in the closed depository may petition any court competent to hear and determine matters pertaining to the liquidation of the closed depository and to determine the amount of public funds deposited in the manner required by this chapter. The court shall, without delay, hear and determine the issues presented by the petition and enter judgment accordingly.
As added by P.L.19-1987, SEC.15. Amended by P.L.5-1988, SEC.39.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 13. Payments From the Public Deposit Insurance Fund › 5-13-13-3. Payment of Amount Determined; Subrogation of Board; Distribution of Assets of Closed Depository

Sec. 3. (a) Whenever the decision of the attorney general and auditor of state has become final, or whenever a court of competent jurisdiction as provided in section 2 of this chapter has determined the amount payable from the insurance fund on account of public funds deposited in the closed depository, the board for depositories shall, subject to IC 5-13-12-8(c), cause the amount to be paid to the treasurer or public officer out of the insurance fund.
(b) After payment is made under subsection (a), the board, on behalf of the public deposit insurance fund, is then subrogated to all of the right, title, and interest of the depositor of the public funds for the amount of the depository's claim against any federal deposit insurance agency and against the closed depository. The board is so subrogated to the extent that the insurance fund has paid the loss not reimbursed by the insurance. The board is entitled to share in the distribution of the assets of the closed depository on the basis ratably with other depositories, but the insurance fund shall be paid in full before any distribution is made on account of public funds not insured under the terms of this chapter. The board shall pay any sum or sums received from any distribution into the insurance fund.
As added by P.L.19-1987, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 13. Payments From the Public Deposit Insurance Fund › 5-13-13-4. Anticipatory Warrants; Issuance; Obligation of Board; Amounts, Form, and Rate of Interest

Sec. 4. (a) Whenever the assets in the insurance fund are not sufficient to pay the claims of any kind that have been finally determined and have become payable, the board for depositories shall issue anticipatory warrants for the purpose of raising money for the immediate payment of the claims. The warrants outstanding and unpaid must not at any time exceed the sum of three hundred million dollars ($300,000,000). Interest may be paid upon the warrants from the date the rate was established by the board for depositories. Interest is payable at the end of each year or for a shorter period as the warrants remain unpaid.
(b) The warrants are the obligation of the board for depositories payable out of the public deposit insurance fund only and do not constitute a debt, liability, or obligation of the state or a pledge of the faith and credit of the state. Each warrant must have printed on its face the words, "This warrant is an obligation of the board for depositories payable solely out of the public deposits insurance fund, and neither the faith and credit nor the taxing power of the state is pledged to the payment of the principal, the interest, or any other amount owed on the warrants.".
(c) Subject to the limitations in subsections (a) through (b), the warrants shall be issued in the individual and gross amounts and in the form and at the rate of interest approved by the board for depositories.
As added by P.L.19-1987, SEC.15. Amended by P.L.115-2010, SEC.18.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 13. Payments From the Public Deposit Insurance Fund › 5-13-13-5. Anticipatory Warrants; Sale; Proceeds; Application for Allotment of Definite Amount; Record

Sec. 5. (a) The secretary-investment manager on behalf of the board for depositories has the powers and duties set out in this section and section 6 of this chapter and shall sell all anticipatory warrants issued under this chapter at a price not less than par plus accrued interest. The proceeds of the sale of the warrants shall be paid into the insurance fund and shall be applied exclusively to the payment of the claims on account of which the warrants were issued.
(b) Any person may file an application with the secretary-investment manager for an allotment of a definite amount of the warrants. The secretary-investment manager shall then apportion to the several applicants an amount of warrants as the secretary-investment manager sees fit, but no allotments shall be made in an amount less than two thousand dollars ($2,000).
(c) The secretary-investment manager shall make and retain in the secretary-investment manager's office a complete record of all warrants sold to each purchaser and of the post office address of the purchaser. Purchasers of warrants may notify the secretary-investment manager of their post office addresses, or of any change in their addresses, and of the warrants owned or held by them, and the secretary-investment manager shall change the secretary-investment manager's sale record accordingly.
As added by P.L.19-1987, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 13. Payments From the Public Deposit Insurance Fund › 5-13-13-6. Anticipatory Warrants; Payment; Unpaid Warrants

Sec. 6. (a) All anticipatory warrants and all interest or the warrants shall be payable by the secretary-investment manager solely from the money paid into the insurance fund and the money is, except for the payment of expenses incident to the operation of the insurance fund, exclusively and irrevocably pledged to the payment of all warrants in the consecutive order in which they were issued. The warrants, as to interest as well as principal, shall be paid out of the money in the insurance fund before the payment of any claims that may arise and be finally determined subsequent to the issue and sale of any warrants or series of warrants.
(b) When any warrant or series of warrants is outstanding and unpaid, the secretary-investment manager shall, when the secretary-investment manager has money in the insurance fund sufficient to pay a reasonable amount of the outstanding and unpaid warrants, notify the persons who, according to the secretary-investment manager's record, hold the warrants or warrants then payable. The secretary-investment manager shall mail each notice to the post office address of the person as shown by the records of sale. The notice must state that the warrant or warrants will be paid on presentation, and that interest will cease after the expiration of ten (10) days from the mailing of the notice. At the expiration of the ten (10) day period, interest ceases on the warrant or warrants.
As added by P.L.19-1987, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 13. Payments From the Public Deposit Insurance Fund › 5-13-13-8. Reopening or Reorganization of Closed Depository

Sec. 8. (a) If in any closed depository there are public funds of the state or of any political subdivision, the treasurer of state may, with the consent of the state board of finance, if the public funds belong to the state, and the public officer who has charge of the public funds of any political subdivision, may, with the consent of the local board of finance of the political subdivision to which the public funds belong, join with other depositors of the closed depository in a plan for reopening or the reorganization of the closed depository.
(b) The treasurer of state may bind the state, or any proper local officer may bind the political subdivision, as the case may be, after being authorized, as provided in this chapter, in accordance with the terms of the plan for reopening or reorganization.
As added by P.L.19-1987, SEC.15. Amended by P.L.18-1996, SEC.27.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 14. Miscellaneous Provisions › 5-13-14-1. Loan for Proper Conduct of Business of State or Political Subdivision; Limitation; Pledge of Deposits in Closed Depository

Sec. 1. (a) If the state or any political subdivision has public funds on deposit in a closed depository, the state or political subdivision may borrow an amount of money necessary for the proper conduct of the business of the state or political subdivision.
(b) The amount of money borrowed under subsection (a) may not exceed the amount of money the state or political subdivision has on deposit and unpledged in the closed depository at the time the loan is made.
(c) For the purpose of securing the payment of a loan made under this section, the state or any political subdivision, through the treasurer of state, county treasurer, or fiscal officer of any political subdivision other than a county, may pledge any or all of the deposits in the closed depository.
As added by P.L.19-1987, SEC.16.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 14. Miscellaneous Provisions › 5-13-14-2. No Liability for Public Servant for Loss of Funds in Closed Depository

Sec. 2. A public servant is not liable for loss of public funds in any closed depository if the funds have been deposited in the manner required by this article.
As added by P.L.19-1987, SEC.16. Amended by P.L.107-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 13. Investment of Public Funds › Chapter 14. Miscellaneous Provisions › 5-13-14-3. Criminal Liability of Public Servant for Failure to Deposit; Liability on Bond

Sec. 3. A public servant who violates the depository duties in this article is subject to IC 35-44.2-2-1. The public servant also is liable upon the public servant's official bond for any loss or damage that accrues.
As added by P.L.19-1987, SEC.16. Amended by P.L.107-2011, SEC.3; P.L.126-2012, SEC.22; P.L.32-2019, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-1. Purpose

Sec. 1. In enacting this chapter, the general assembly finds and declares that this state and its political subdivisions exist only to aid in the conduct of the business of the people of this state. It is the intent of this chapter that the official action of public agencies be conducted and taken openly, unless otherwise expressly provided by statute, in order that the people may be fully informed. The purposes of this chapter are remedial, and its provisions are to be liberally construed with the view of carrying out its policy.
As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.67-1987, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-2.1. "Public Agency"; Certain Providers Exempted

Sec. 2.1. "Public agency", for purposes of this chapter, does not mean a provider of goods, services, or other benefits that meets the following requirements:
(1) The provider receives public funds through an agreement with the state, a county, or a municipality that meets the following requirements:
(A) The agreement provides for the payment of fees to the entity in exchange for services, goods, or other benefits.
(B) The amount of fees received by the entity under the agreement is not based upon or does not involve a consideration of the tax revenues or receipts of the state, county, or municipality.
(C) The amount of the fees are negotiated by the entity and the state, county, or municipality.
(D) The state, county, or municipality is billed for fees by the entity for the services, goods, or other benefits actually provided by the entity.
(2) The provider is not required by statute, rule, or regulation to be audited by the state board of accounts.
As added by P.L.179-2007, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-3. Open Meetings; Secret Ballot Votes; Member Participating by Electronic Means of Communication

Sec. 3. (a) Except as provided in section 6.1 of this chapter, all meetings of the governing bodies of public agencies must be open at all times for the purpose of permitting members of the public to observe and record them.
(b) A secret ballot vote may not be taken at a meeting.
(c) A meeting conducted in compliance with section 3.5 or 3.6 of this chapter or any other statute that authorizes a governing body to conduct a meeting using an electronic means of communication does not violate this section.
(d) This subsection applies only to the governing body of a school corporation or charter school. The governing body:
(1) shall allow a member of the public who is physically present at the meeting location, including a meeting conducted under section 3.5 of this chapter, to provide oral public comment; and
(2) may allow a member of the public to provide oral public comment during a meeting conducted under section 3.7 of this chapter.
A governing body may adopt reasonable rules to govern the taking of oral public comment at a meeting. However, the taking of oral public comment on a topic must occur before the governing body takes final action on the topic. The governing body may set a limit on the total amount of time for receiving oral public comment on a topic.
(e) Nothing in this section prohibits a governing body from taking reasonable steps to maintain order in a meeting, including removal of any person who is willfully disruptive of the meeting.
As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.38-1988, SEC.6; P.L.1-1991, SEC.35; P.L.179-2007, SEC.3; P.L.134-2012, SEC.10; P.L.116-2022, SEC.1; P.L.124-2022, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-3.2. School Corporation or Charter School; Oral Public Comment

Sec. 3.2. (a) This section applies only to the governing body of a:
(1) school corporation; or
(2) charter school.
(b) The governing body shall allow oral public comment at a meeting as set forth in section 3 of this chapter.
As added by P.L.124-2022, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-3.7. Electronic Meetings During Disaster Emergency

Sec. 3.7. (a) As used in this section, "disaster emergency" means:
(1) a disaster emergency declared by the governor under IC 10-14-3-12; or
(2) a local disaster emergency declared by the executive (as defined in IC 36-1-2-5) of a political subdivision under IC 10-14-3-29.
(b) Notwithstanding section 3.5 or 3.6 of this chapter, if a disaster emergency is in effect for all or part of the area within the governing body's jurisdiction, the members of a governing body are not required to be physically present at a meeting:
(1) if meeting in person would present an imminent risk to the health or safety of the members of the public and the governing body who attend the meeting because of the particular danger, threat, or emergency conditions that are the basis for the declaration of the disaster emergency; and
(2) if the members are of the governing body of a school corporation or charter school, one (1) or more schools within the jurisdiction of the governing body of the school corporation or the charter school are closed at the time of the meeting because of the particular danger, threat, or emergency conditions that are the basis for the declaration of the disaster emergency.
(c) The members of a governing body may meet by any means of electronic communication, if the following are satisfied:
(1) At least a quorum of the members of the governing body participate in the meeting by means of electronic communication or in person.
(2) The public is able to simultaneously attend and observe the meeting. However, this subdivision does not apply to a meeting held in executive session.
(d) The memoranda for a meeting prepared under section 4 of this chapter for a meeting held under this section must:
(1) state the name of each member of the governing body who:
(A) participated in the meeting by using any electronic means of communication; and
(B) was absent; and
(2) identify the electronic means of communication by which:
(A) members of the governing body participated in the meeting; and
(B) the public attended and observed the meeting, if the meeting was not held in executive session.
(e) All votes taken during a meeting under this section must be taken by roll call vote.
As added by P.L.88-2021, SEC.7. Amended by P.L.116-2022, SEC.2; P.L.124-2022, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-3.8. Electronic Meetings of Boards Regulating Health Care

Sec. 3.8. (a) As used in this section, "board" means a board that regulates a health care provider or a regulated professional under IC 25.
(b) Except as provided in subsection (c), a board may participate in a meeting by any electronic means of communication that does the following:
(1) Allows all participating members of the board to simultaneously communicate with each other.
(2) Allows an individual subject to a hearing on the individual's license to simultaneously communicate with the board.
(3) Allows the public to simultaneously attend and observe the meeting. However, this subdivision does not apply to a meeting held in executive session.
A member of a board who participates in a meeting by an electronic means of communication is considered present for purposes of establishing a quorum and taking official action.
(c) A board shall meet physically in person at least one (1) time per calendar year.
(d) A technological failure in an electronic means of communication that disrupts or prevents:
(1) the simultaneous communication between a member who is not physically present at the meeting of a board; or
(2) a member of the public who is not present at the meeting from attending and observing the meeting;
does not prevent the board from conducting the meeting or affect the validity of an official action taken by members of the board at the meeting if the total number of the board members participating in the meeting, whether electronically or physically, satisfy the quorum requirements, and if official action is taken, the voting requirements of the board are met. Final action may not be taken on an individual's license if a technological failure in an electronic means of communication disrupts or prevents the individual who is subject to the hearing on the individual's license from simultaneously communicating with the board.
(e) The memoranda for a meeting prepared under section 4 of this chapter for a meeting held under this section must:
(1) state the name of each member of the board who:
(A) participated in the meeting by using any electronic means of communication; or
(B) was absent; and
(2) identify the electronic means of communication used by:
(A) members of the board to participate in the meeting;
(B) an individual, who was subject to a hearing on the individual's license, to participate in the meeting; and
(C) if the meeting was not held in executive session, the public to attend and observe the meeting.
(f) All votes taken during a meeting under this section must be taken by roll call vote.
As added by P.L.148-2023, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-4. Posting Agenda; Memoranda of Meetings; Public Inspection of Minutes

Sec. 4. (a) A governing body of a public agency utilizing an agenda shall post a copy of the agenda at the entrance to the location of the meeting prior to the meeting. A rule, regulation, ordinance, or other final action adopted by reference to agenda number or item alone is void.
(b) As the meeting progresses, the following memoranda shall be kept:
(1) The date, time, and place of the meeting.
(2) The members of the governing body recorded as either present or absent.
(3) The general substance of all matters proposed, discussed, or decided.
(4) A record of all votes taken by individual members if there is a roll call.
(5) Any additional information required under section 3.5 or 3.6 of this chapter or any other statute that authorizes a governing body to conduct a meeting using an electronic means of communication.
(c) The memoranda are to be available within a reasonable period of time after the meeting for the purpose of informing the public of the governing body's proceedings. The minutes, if any, are to be open for public inspection and copying.
As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.38-1988, SEC.7; P.L.76-1995, SEC.1; P.L.2-2007, SEC.99; P.L.134-2012, SEC.13.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-6. Repealed

As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979, P.L.39, SEC.3; P.L.33-1984, SEC.2; P.L.67-1987, SEC.4; P.L.20-1988, SEC.11; P.L.11-1990, SEC.110; P.L.46-1990, SEC.4. Repealed by P.L.1-1991, SEC.36 and P.L.10-1991, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-6.5. Collective Bargaining Meetings; Applicable Requirements

Sec. 6.5. (a) Whenever a governing body, or any person authorized to act for a governing body, meets with an employee organization, or any person authorized to act for an employee organization, for the purpose of collective bargaining or discussion, the following apply:
(1) Any party may inform the public of the status of collective bargaining or discussion as it progresses by release of factual information and expression of opinion based upon factual information.
(2) If a mediator is appointed, any report the mediator may file at the conclusion of mediation is a public record open to public inspection.
(3) If a factfinder is appointed, any hearings the factfinder holds must be open at all times for the purpose of permitting members of the public to observe and record them. Any findings and recommendations the factfinder makes are public records open to public inspection as provided by any applicable statute relating to factfinding in connection with public collective bargaining.
(b) This section supplements and does not limit any other provision of this chapter.
As added by Acts 1979, P.L.39, SEC.4. Amended by P.L.67-1987, SEC.5; P.L.1-2005, SEC.80; P.L.48-2011, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-8. Accessibility to Individuals With Disabilities

Sec. 8. (a) This section applies only to the following public agencies:
(1) A public agency described in section 2(a)(1) of this chapter.
(2) A public agency:
(A) described in section 2(a)(5) of this chapter; and
(B) created to advise the governing body of a public agency described in section 2(a)(1) of this chapter.
(b) As used in this section, "accessible" means the design, construction, or alteration of facilities in conformance with the Uniform Federal Accessibility Standards (41 C.F.R. 101-19.6, App. A (1991)) or with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (56 Fed. Reg. 35605 (1991)).
(c) As used in this section, "individual with a disability" means an individual who has a temporary or permanent physical disability.
(d) A public agency may not hold a meeting at a location that is not accessible to an individual with a disability.
As added by P.L.38-1992, SEC.2.