reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-2. "Ombudsman"

Sec. 2. As used in this chapter, "ombudsman" means:
(1) the person appointed by the governor to serve as ombudsman; or
(2) an employee or other individual approved by the office of the department of child services ombudsman to act in the capacity of ombudsman;
to receive, investigate, and resolve complaints that allege the department of child services, by an action or omission, failed to protect the physical or mental health or safety of any child or failed to follow specific laws, rules, or written policies.
As added by P.L.182-2009(ss), SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-3. Establishment of Office of Department of Child Services Ombudsman

Sec. 3. The office of department of child services ombudsman is established as a separate bureau within the department. The ombudsman appointed by the governor shall report directly to the commissioner. The ombudsman appointed by the governor must be an attorney licensed to practice law in Indiana or a social worker with at least a master's degree. The ombudsman appointed by the governor must have significant experience or education in child development and child advocacy, including at least two (2) years experience working with child abuse and neglect.
As added by P.L.182-2009(ss), SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-4. Appointment of Ombudsman; Authority to Hire Employees

Sec. 4. (a) The governor shall appoint the ombudsman. The ombudsman serves at the pleasure of the governor. An individual may not be appointed as ombudsman if the individual has been employed by the department of child services at any time during the preceding twelve (12) months. The governor shall appoint a successor ombudsman not later than thirty (30) days after a vacancy occurs in the position of the ombudsman.
(b) The office of the department of child services ombudsman:
(1) shall employ at least two (2) full time employees to assist the ombudsman with receiving, investigating, and attempting to resolve complaints described in section 5 of this chapter; and
(2) may employ technical experts and other employees to carry out the purposes of this chapter.
(c) The office of the department of child services ombudsman may not hire an individual to serve as an ombudsman if the individual has been employed by the department of child services during the preceding twelve (12) months.
(d) The ombudsman and any other person employed or authorized by the ombudsman:
(1) are subject to the same criminal history and background checks, to be performed by the department of child services, that are required for department of child services family case managers; and
(2) are subject to the same disqualification for employment criteria as department of child services family case managers.
As added by P.L.182-2009(ss), SEC.55. Amended by P.L.48-2012, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-6. Access to Records

Sec. 6. (a) The office of the department of child services ombudsman shall be given appropriate access to department of child services records of a child who is the subject of a complaint that is filed under this chapter.
(b) A state or local government agency or entity that has records that are relevant to a complaint or an investigation conducted by an ombudsman shall provide the ombudsman with access to the records.
(c) A person is immune from:
(1) civil or criminal liability; and
(2) actions taken under:
(A) a professional disciplinary procedure; or
(B) procedures related to the termination or imposition of penalties under a contract dealing with an employee or contractor of the department of child services;
for the release or disclosure of records to the ombudsman under this chapter, unless the release or disclosure constitutes gross negligence or willful or wanton misconduct.
(d) Information or records of a state or local government agency provided to the office of the department of child services ombudsman may not be disclosed to the complainant or others if confidential under laws, rules, or regulations governing the state or local government agency that provided the information or records.
As added by P.L.182-2009(ss), SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-7. Duties and Functions

Sec. 7. The office of the department of child services ombudsman shall do the following:
(1) Establish procedures to receive and investigate complaints.
(2) Establish physical, technological, and administrative access controls for all information maintained by the office of the department of child services ombudsman.
(3) Except as necessary to investigate and resolve a complaint, ensure that the identity of a complainant will not be disclosed without:
(A) the complainant's written consent; or
(B) a court order.
As added by P.L.182-2009(ss), SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-8. Adoption of Rules

Sec. 8. The office of the department of child services ombudsman may adopt rules under IC 4-22-2 necessary to carry out this chapter.
As added by P.L.182-2009(ss), SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-9. Civil Immunity

Sec. 9. An ombudsman is not personally liable for the good faith performance of the ombudsman's official duties.
As added by P.L.182-2009(ss), SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-10. Report

Sec. 10. (a) The office of the department of child services ombudsman shall prepare a report each year on the operations of the office.
(b) The office of the department of child services ombudsman shall include the following information in the annual report required under subsection (a):
(1) The office of the department of child services ombudsman's activities.
(2) The general status of children in Indiana, including:
(A) the health and education of children; and
(B) the administration or implementation of programs for children.
(3) Any other issues, concerns, or information concerning children.
(c) A copy of the report shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council must be in an electronic format under IC 5-14-6.
(d) A copy of the report shall be posted on the department of child services' Internet web site and on any Internet web site maintained by the office of the department of child services ombudsman.
As added by P.L.182-2009(ss), SEC.55. Amended by P.L.13-2013, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-11. Interference or Prevention of Completion of Work

Sec. 11. A person who interferes with the ombudsman is subject to criminal prosecution under IC 35-44.2-1-5.
As added by P.L.182-2009(ss), SEC.55. Amended by P.L.126-2012, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 19. Department of Child Services Ombudsman › 4-13-19-12. Provision of Office Space

Sec. 12. The Indiana department of administration shall provide and maintain office space for the office of the department of child services ombudsman.
As added by P.L.182-2009(ss), SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 20. Teacher Liability Insurance › 4-13-20-1. "Personal Liability"

Sec. 1. As used in this chapter, "personal liability" means liability incurred by a teacher in the performance of the teacher's duties.
As added by P.L.223-2013, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 20. Teacher Liability Insurance › 4-13-20-2. "Teacher"

Sec. 2. As used in this chapter, "teacher" means a professional person whose:
(1) position in a public or nonpublic school requires certain educational preparation and licensing; and
(2) primary responsibility is the instruction of students who attend kindergarten through grade 12 in a public or nonpublic school.
As added by P.L.223-2013, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 20. Teacher Liability Insurance › 4-13-20-3. Authority for Department to Contract With Personal Liability Insurer

Sec. 3. The Indiana department of administration may contract with at least one (1) personal liability insurer to allow any teacher to purchase coverage under a personal liability insurance policy issued by the insurer.
As added by P.L.223-2013, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13. Administrative Management of State Services, Employees, Purchases, and Property › Chapter 20. Teacher Liability Insurance › 4-13-20-4. Purchase of Coverage of Personal Liability Insurance

Sec. 4. Any teacher in Indiana may, at any time, purchase coverage under a personal liability insurance policy for which the Indiana department of administration has contracted under section 3 of this chapter.
As added by P.L.223-2013, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 1. Definitions › 4-13.1-1-1.3. "Attack Vector"

Sec. 1.3. "Attack vector" means a method or way for attacking, infiltrating, or otherwise compromising a computer network or system.
As added by P.L.134-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 1. Definitions › 4-13.1-1-1.5. "Cybersecurity Incident"

Sec. 1.5. (a) "Cybersecurity incident" means a malicious or suspicious occurrence that consists of one (1) or more of the categories of attack vectors described in subsection (b) and defined on the office's Internet web site that:
(1) jeopardizes or may potentially jeopardize the confidentiality, integrity, or availability of an information system, an operational system, or the information that such systems process, store, or transmit;
(2) jeopardizes or may potentially jeopardize the health and safety of the public; or
(3) violates security policies, security procedures, or acceptable use policies.
(b) A cybersecurity incident may consist of one (1) or more of the following categories of attack vectors:
(1) Ransomware.
(2) Business email compromise.
(3) Vulnerability exploitation.
(4) Zero-day exploitation.
(5) Distributed denial of service.
(6) Web site defacement.
(7) Other sophisticated attacks as defined by the chief information officer and that are posted on the office's Internet web site.
As added by P.L.134-2021, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 1. Definitions › 4-13.1-1-2. "Information Technology"

Sec. 2. "Information technology" includes the resources, technologies, and services associated with the fields of:
(1) information processing;
(2) office automation;
(3) telecommunication facilities and networks;
(4) data input and storage; and
(5) information system applications.
As added by P.L.177-2005, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 1. Definitions › 4-13.1-1-4. "State Agency"

Sec. 4. (a) "State agency" means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of the executive, including the administrative, department of state government.
(b) The term does not include:
(1) the judicial or legislative departments of state government;
(2) a state educational institution; or
(3) the Indiana higher education telecommunications system.
As added by P.L.177-2005, SEC.9. Amended by P.L.2-2007, SEC.38.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 1. Definitions › 4-13.1-1-5. "Telecommunication"

Sec. 5. "Telecommunication" means the transmission of any document, picture, datum, sound, or other symbol by television, radio, microwave, optical, or other electromagnetic signal.
As added by P.L.177-2005, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 2. Office of Technology › 4-13.1-2-1. Office; Purpose

Sec. 1. The office of technology is established for the following purposes:
(1) Establish the standards for the technology infrastructure of the state.
(2) Focus state information technology services to improve service levels to citizens and lower the costs of providing information technology services.
(3) Bring the best and most appropriate technology solutions to bear on state technology applications.
(4) Improve and expand government services provided electronically.
(5) Provide for the technology and procedures for the state to do business with the greatest security possible.
As added by P.L.177-2005, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 2. Office of Technology › 4-13.1-2-2. Office; Duties

Sec. 2. (a) The office shall do the following:
(1) Develop and maintain overall strategy and architecture for the use of information technology in state government.
(2) Review state agency budget requests and proposed contracts relating to information technology at the request of the budget agency.
(3) Coordinate state information technology master planning.
(4) Maintain an inventory of significant information technology resources and expenditures.
(5) Maintain a repository of cybersecurity incidents.
(6) Manage a computer gateway to carry out or facilitate public, educational, and governmental functions.
(7) Provide technical staff support services for state agencies.
(8) Provide services that may be requested by the following:
(A) The judicial department of state government.
(B) The legislative department of state government.
(C) A state educational institution.
(D) A political subdivision (as defined in IC 36-1-2-13).
(E) A body corporate and politic created by statute.
(F) An entity created by the state.
(9) Monitor trends and advances in information technology.
(10) Review projects, architecture, security, staffing, and expenditures.
(11) Develop and maintain policies, procedures, and guidelines for the effective and secure use of information technology in state government.
(12) Advise the state personnel department on guidelines for information technology staff for state agencies.
(13) Conduct periodic management reviews of information technology activities within state agencies upon request.
(14) Seek funding for technology services from the following:
(A) Grants.
(B) Federal sources.
(C) Gifts, donations, and bequests.
(D) Partnerships with other governmental entities or the private sector.
(E) Appropriations.
(F) Any other source of funds.
(15) Perform other information technology related functions and duties as directed by the governor.
(b) The office may adopt rules under IC 4-22-2 that are necessary or appropriate in carrying out its powers and duties.
As added by P.L.177-2005, SEC.9. Amended by P.L.2-2007, SEC.39; P.L.134-2021, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 2. Office of Technology › 4-13.1-2-3. Chief Information Officer

Sec. 3. (a) The governor shall appoint a chief information officer of the office, who serves at the pleasure of the governor.
(b) The chief information officer:
(1) is the executive head of the office;
(2) is responsible for strategic planning and the architecture for information technology functions of state government; and
(3) shall provide leadership for information technology issues facing state agencies.
As added by P.L.177-2005, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 2. Office of Technology › 4-13.1-2-4. Fees for Enhanced Access to Public Records

Sec. 4. The chief information officer, in conjunction with:
(1) the budget director or the budget director's designee;
(2) the director of the Indiana archives and records administration or the director's designee; and
(3) a representative from each of the two (2) state agencies that generate the most revenue under this section;
shall establish reasonable fees for enhanced access to public records and other electronic records, so that the revenues generated are sufficient to develop, maintain, operate, and expand services that make public records available electronically. A meeting to establish or revise the fees described in this section is subject to the requirements of IC 5-14-1.5.
As added by P.L.177-2005, SEC.9. Amended by P.L.171-2015, SEC.3; P.L.165-2021, SEC.44.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 2. Office of Technology › 4-13.1-2-6. Office; State Agencies

Sec. 6. (a) The office may request the director of information technology services or another knowledgeable individual employed by a state agency to advise and assist the office in carrying out the functions of the office.
(b) State agencies may consult with the office concerning hiring information technology directors and staff.
(c) At the request of the office, a state agency shall submit an inventory of all significant information technology hardware, software, personnel, and information technology contracts.
As added by P.L.177-2005, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 2. Office of Technology › 4-13.1-2-8. Office; Assist Political Subdivisions

Sec. 8. (a) If requested by a political subdivision, the office may do the following:
(1) Subject to the approval of the budget agency, develop a schedule of fees for agencies using services of the office.
(2) Assist a political subdivision in coordinating information technology systems.
(3) Provide consulting and technical advisory services.
(4) Review information technology project plans and expenditures.
(5) Develop and maintain policies, procedures, and guidelines for the effective use of information technology in interactions between political subdivisions and state agencies.
(6) Develop a list of third party technology providers that work with the office.
(b) The office may request a director of information technology services or other knowledgeable individuals employed by a political subdivision to advise and assist the office in exercising the powers granted in this section.
(c) The office may conduct studies and reviews that the office considers necessary to promote the use of high quality, cost effective information technology within local government.
As added by P.L.177-2005, SEC.9. Amended by P.L.134-2021, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 2. Office of Technology › 4-13.1-2-9. State Agency Reporting Requirements

Sec. 9. A state agency (as defined in IC 4-1-10-2), other than state educational institutions, and a political subdivision (as defined in IC 36-1-2-13) shall:
(1) report any cybersecurity incident using their best professional judgment to the office without unreasonable delay and not later than two (2) business days after discovery of the cybersecurity incident in a format prescribed by the chief information officer; and
(2) provide the office with the name and contact information of any individual who will act as the primary reporter of a cybersecurity incident described in subdivision (1) before September 1, 2021, and before September 1 of every year thereafter.
Nothing in this section shall be construed to require reporting that conflicts with federal privacy laws or is prohibited due to an ongoing law enforcement investigation.
As added by P.L.134-2021, SEC.5. Amended by P.L.137-2021, SEC.18.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 2. Office of Technology › 4-13.1-2-10. State Educational Institution Reporting Requirements

Sec. 10. A state educational institution (as defined in IC 21-7-13-32) shall:
(1) submit a summary analysis report of cyber security incidents to the office on a quarterly basis in a format prescribed by the chief information officer; and
(2) provide the office with the name and contact information of any individual who will act as the primary reporter of a summary report of cybersecurity incidents described in subdivision (1) before September 1, 2021, and before September 1 of every year thereafter.
Nothing in this section shall be construed to require reporting by the state educational institution that conflicts with federal privacy laws or is prohibited due to an ongoing law enforcement investigation.
As added by P.L.134-2021, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.1. Office of Technology › Chapter 3. Accessibility Standards › 4-13.1-3-1. Accessibility Standards

Sec. 1. (a) The office shall appoint a group to develop standards that are compatible with principles and goals contained in the electronic and information technology accessibility standards adopted by the architectural and transportation barriers compliance board under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended. The office shall adopt rules under IC 4-22-2 concerning the standards developed under this section. Those standards must conform with the requirements of Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended.
(b) The group shall consist of at least the following:
(1) A representative of an organization with experience in and knowledge of assistive technology policy.
(2) An individual with a disability.
(3) Representatives of the judicial and legislative branches of state government.
(4) Representatives of the administrative branch of state government.
(5) At least three (3) representatives of local units of government.
(c) If an entity subject to the requirements of this section cannot readily comply with the information technology accessibility standards without undue burden, the entity shall submit a plan to the office with a proposed time for later compliance with the standards. A plan submitted under this subsection must provide alternative means for accessibility during the period of noncompliance.
(d) Notwithstanding any other law, the standards developed under subsection (a) apply to the executive, legislative, judicial, and administrative branches of state and local government.
As added by P.L.177-2005, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-1. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-2. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-3. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-4. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-5. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-6. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-7. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-8. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-9. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-10. Repealed

As added by P.L.23-1997, SEC.1. Repealed by P.L.58-1999, SEC.12 and P.L.172-1999, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-10.5. "Energy Cost Savings Contract" Defined

Sec. 10.5. As used in this chapter, "energy cost savings contract" has the meaning set forth in IC 4-13.6-8-2.
As added by P.L.58-1999, SEC.1 and P.L.172-1999, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-10.6. "Governmental Body" Defined

Sec. 10.6. As used in this chapter, "governmental body" has the meaning set forth in IC 4-13.6-1-9.
As added by P.L.58-1999, SEC.2 and P.L.172-1999, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-10.7. "Qualified Energy Savings Project" Defined

Sec. 10.7. As used in this chapter, "qualified energy savings project" has the meaning set forth in IC 4-13.6-8-3.
As added by P.L.58-1999, SEC.3 and P.L.172-1999, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-10.8. "Qualified Provider" Defined

Sec. 10.8. As used in this chapter, "qualified provider" has the meaning set forth in IC 4-13.6-8-4.
As added by P.L.58-1999, SEC.4 and P.L.172-1999, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-11. Powers of Commission

Sec. 11. If the commission approves a project under this chapter, the commission may do the following:
(1) Negotiate the terms of an energy cost savings contract with the qualified provider.
(2) Enter into an energy cost savings contract with the qualified provider.
(3) Finance the contract in the same manner that the commission finances other facilities under this article, including entering into a use and occupancy agreement with the department.
As added by P.L.23-1997, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-12. Advisory Recommendation to Commission

Sec. 12. Before entering into a contract under this chapter, both of the following must give an advisory recommendation to the commission recommending the contract:
(1) The budget committee.
(2) The department.
As added by P.L.23-1997, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-13. Contractor and Subcontractor Records

Sec. 13. (a) The contractor and each subcontractor engaged in installing energy conservation measures under a guaranteed energy cost savings contract shall keep full and accurate records indicating the names, classifications, and work performed by each worker employed by the respective contractor and subcontractor in connection with the work together with an accurate record of the number of hours worked by each worker and the actual wages paid.
(b) The payroll records required to be kept under this section must be open to inspection by an authorized representative of the commission and the department of labor.
As added by P.L.23-1997, SEC.1. Amended by P.L.252-2015, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-14. Reduction of State Appropriations Due to Energy Cost Savings Prohibited

Sec. 14. The amount of state appropriations available to a governmental body may not be reduced because of energy cost savings and operational cost savings realized from a qualified energy savings project and an energy cost savings contract.
As added by P.L.23-1997, SEC.1. Amended by P.L.58-1999, SEC.5 and P.L.172-1999, SEC.5.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-15. Bonds Not a Debt of the State

Sec. 15. The issuance of bonds by the commission payable from revenues from the department under a use and occupancy agreement does not constitute a debt of the state.
As added by P.L.23-1997, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.5. Construction of State Office Buildings and Other Facilities › Chapter 1.5. Energy Cost Savings Projects › 4-13.5-1.5-16. Commission's Authority to Contract

Sec. 16. The general assembly:
(1) finds that governmental bodies need to save energy and reduce operating costs; and
(2) authorizes the commission to enter into energy cost savings contracts with qualified providers under this article and IC 4-13.6-8.
As added by P.L.23-1997, SEC.1. Amended by P.L.58-1999, SEC.6 and P.L.172-1999, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-7. "Escrowed Income"

Sec. 7. "Escrowed income" means the value of all property held in an escrow account over the escrowed principal in the account.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-8. "Escrowed Principal"

Sec. 8. "Escrowed principal" means the value of all cash, securities, or other property placed in an escrow account by the division or a contractor as a retainage on a public works contract.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-9. "Governmental Body"

Sec. 9. "Governmental body" means any agency, board, bureau, commission, committee, council, department, office, or other authority of the executive, including the administrative, department of state government.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-10. "Person"

Sec. 10. "Person" means any association, corporation, limited liability company, fiduciary, individual, joint stock company, joint venture, partnership, sole proprietorship, or other private legal entity.
As added by P.L.24-1985, SEC.7. Amended by P.L.8-1993, SEC.25.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-11. "Professional Services"

Sec. 11. "Professional services" mean the services of:
(1) a person registered or certified under IC 25-4;
(2) a person licensed under IC 25-31; or
(3) a person who performs services or studies that:
(A) relate to the design or the feasibility of a building, structure, or improvement; and
(B) are recognized in the industry as professional in nature.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-12. "Public Funds"

Sec. 12. "Public funds" means any funds for which a state officer is accountable by virtue of the state officer's public office, whether or not impressed with a public interest.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-13. "Public Works"

Sec. 13. (a) "Public works" means either of the following:
(1) The process of altering, building, constructing, demolishing, improving, or repairing a public building or structure.
(2) A public improvement to real property owned by, or leased in the name of, the state.
(b) The term includes the following:
(1) The preparation of drawings, plans, and specifications for a process or improvement described in subsection (a).
(2) The routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.
As added by P.L.24-1985, SEC.7. Amended by P.L.49-1997, SEC.18.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-14. "Public Works Contract" or "Contract"

Sec. 14. "Public works contract" or "contract" means a contract between the division and a person for the performance of some work or service related to the completion of a public works project for a governmental body. However, the terms "public works contract" or "contract" do not include contracts for professional services, unless specifically provided to the contrary.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-15. "Responsible Contractor"

Sec. 15. "Responsible contractor" means a contractor that:
(1) is capable of performing a public works contract fully;
(2) has the integrity and reliability that will insure good faith performance; and
(3) is qualified under IC 4-13.6-4, if applicable.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-16. "Responsive Contractor"

Sec. 16. "Responsive contractor" means a contractor that has submitted a bid or a quotation in conformity with instructions, contract documents, terms, and other conditions for a contract.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-17. "Retainage"

Sec. 17. "Retainage" means any amount to be withheld from a payment to a contractor or subcontractor under the terms of a contract until the occurrence of a specified event.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-18. "Subcontractor"

Sec. 18. "Subcontractor" means any person entering into a contract with a contractor to furnish labor or labor and materials used in the actual construction of a public works project. For purposes of this section, labor used in delivery and unloading of materials at a project site is not considered to be labor used in the actual construction of a public works project.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 1. Definitions › 4-13.6-1-19. "Substantial Completion"

Sec. 19. "Substantial completion" means the condition of a public work when it is sufficiently completed, in accordance with the contract documents as modified by any completed change orders agreed to by the parties, so that the governmental body for which the public work is intended can occupy or take possession of the public work and use it as it is intended to be used.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-1. Purposes and Policies of Article

Sec. 1. This article shall be construed and applied to promote its underlying purposes and policies, which are to:
(1) simplify, clarify, and modernize the law governing public works and professional service contracts;
(2) maintain public confidence in the procedures surrounding the awarding and administration of public works and professional service contracts;
(3) ensure fair and equitable treatment of all persons who deal with the public works system covered by this article;
(4) provide increased economy in public works activities covered by this article and maximize the purchasing value of the public funds of this state;
(5) foster effective broad based competition within the free enterprise system; and
(6) provide safeguards for the maintenance of a public works system of quality and integrity.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-2. Application of Article

Sec. 2. (a) This article applies only to public works contracts solicited after June 30, 1985.
(b) This article applies to work or improvements to be performed on real property that is being or that will be leased by the state from another person if the lease gives the state an option to buy the real property.
(c) This article does not apply to work or improvements made to real property that is being or will be leased by the state from another person where the state has no interest in the real property after expiration of the lease. However, a lease between the lessor and the state may provide that any of the provisions of this article will apply to any work or improvements to be made in the leased real property.
(d) This article applies to any public works project performed on real property that is not owned by the state if:
(1) federal or state law or court order requires that a governmental body perform the work on that real property; and
(2) the commissioner requires compliance with this article.
As added by P.L.24-1985, SEC.7. Amended by P.L.33-1995, SEC.8; P.L.49-1997, SEC.19.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-3. Application of Article to Public Works Projects; Exceptions

Sec. 3. (a) This article applies to every expenditure of public funds, regardless of their source, including federal assistance money, by any governmental body for any public works project.
(b) This article does not apply to the following:
(1) The Indiana commission for higher education.
(2) State educational institutions.
(3) Military officers and military and armory boards of the state.
(4) The state fair commission.
(5) Any entity established by the general assembly as a body corporate and politic having authority and power to issue bonds to be secured and repaid solely by revenues pledged for that purpose. However, such an entity shall comply with this article if the law creating the entity requires it to do so.
(6) The Indiana department of transportation, except to the extent that the Indiana department of transportation uses the services provided by the department under this article.
(7) The Indiana state museum and historic sites corporation.
As added by P.L.24-1985, SEC.7. Amended by P.L.18-1990, SEC.6; P.L.20-1990, SEC.4; P.L.2-2007, SEC.41; P.L.166-2013, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-4. Compliance by Division With Certain Statutes

Sec. 4. The division shall comply with this article and the following statutes in the administration of public works contracts:
(1) IC 5-16-3.
(2) IC 5-16-6.
(3) IC 5-16-8.
(4) IC 5-16-9.
(5) IC 5-16-13.
(6) IC 5-16-14.
As added by P.L.24-1985, SEC.7. Amended by P.L.26-1989, SEC.9; P.L.252-2015, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-5. Certain Statutes Not Applicable

Sec. 5. The following statutes do not apply to public works, public works contracts, or professional service contracts covered under this article:
(1) IC 5-16-1.
(2) IC 5-16-2.
(3) IC 5-16-5.
(4) IC 5-16-5.5.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-7. Grants, Gifts, Bequests, or Cooperative Agreements

Sec. 7. Notwithstanding this article, the department shall comply with the terms and conditions of any grant, gift, bequest, or cooperative agreement involving a governmental body if noncompliance with those terms and conditions would invalidate the grant, gift, bequest, or cooperative agreement.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-9. Public Records; Inspection

Sec. 9. (a) As used in this section, "contract" includes a contract for professional services.
(b) Except as provided in subsection (c) or by another law, records of the division are public records subject to public inspection under IC 5-14-3.
(c) An officer or employee of the state may not:
(1) convey or permit public access to any information concerning a bid, a quotation, or other response received to a solicitation for the award of a contract other than the information made available at a public opening of bids, quotations, or other responses; or
(2) permit inspection or copying under IC 5-14-3 of bid documents, quotation documents, or documents relating to other responses received to a solicitation for the award of a contract;
until a contract has been awarded or the solicitation has been canceled. However, after a public opening of bids, quotations, or other responses received to a solicitation for the award of a contract, an officer or employee may provide information that a person could have learned by attending the opening.
As added by P.L.24-1985, SEC.7. Amended by P.L.18-1991, SEC.14.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-10. Electronic Bids or Offers

Sec. 10. The department may receive electronic bids or offers if both of the following apply:
(1) The solicitation indicates the procedure for transmitting the electronic bid or offer to the department.
(2) The department receives the bid or offer on a facsimile (fax) machine or system with a security feature that protects the content of an electronic bid or offer with the same degree of protection as the content of a bid or an offer that is not transmitted by a fax machine.
As added by P.L.33-1995, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-11. Designation of Public Works Project as Small Business Set-Aside; Rules

Sec. 11. (a) The division may designate a public works project as a small business set-aside under rules adopted by the department under IC 4-22-2.
(b) The following apply to rules adopted by the department governing small business set-asides for public works projects:
(1) The rules are subject to the criteria for determining whether a business is a small business under IC 5-22-14-3.
(2) The rules must establish procedures for administering a small business set-aside program for public works projects that are substantially the same as the procedures described in IC 5-22-14.
As added by P.L.49-1997, SEC.20.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 2. General Provisions › 4-13.6-2-12. Annual Instruction to Certain Businesses and Business Enterprises

Sec. 12. The department shall offer instruction at least annually to:
(1) small businesses (as defined in IC 5-22-14-1);
(2) minority business enterprises (as defined in IC 4-13-16.5-1);
(3) women's business enterprises (as defined in IC 4-13-16.5-1); and
(4) veteran owned small businesses (as defined in
IC 4-13-16.5-1);
with regard to bonding requirements and working with the surety industry to secure bonding for public works projects.
As added by P.L.133-2007, SEC.1. Amended by P.L.15-2020, SEC.8.