reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-5. Records Having Official Value; State Archives

Sec. 5. Public records having an official value but which are used infrequently by the officer with whom they are filed or maintained shall, on order of the commission and the consent of the administration, be removed and transferred to the Indiana state archives.
Formerly: Acts 1939, c.91, s.5. As amended by P.L.50-1991, SEC.14; P.L.171-2015, SEC.38.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-6. Records Having Historical Value; State Archives

Sec. 6. Public records having no apparent official value, but having a historical value shall be transferred to and shall, with the consent of the administration, constitute a part of the Indiana state archives.
Formerly: Acts 1939, c.91, s.6. As amended by P.L.50-1991, SEC.15; P.L.171-2015, SEC.39.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-7. Order of Commission That Public Records Be Destroyed, Removed, or Transferred; Genealogical or Historical Society May Obtain Records

Sec. 7. (a) When any public records are ordered to be destroyed, removed, or transferred, the commission shall enter an order to that effect on its minutes, stating the date on which the order is entered and a general description of the public records which the commission orders to be destroyed, removed, or transferred.
(b) A copy of any order to destroy public records shall be delivered to:
(1) the administration;
(2) any active genealogical society of the county; and
(3) any active historical society of the county;
not later than sixty (60) days before the destruction date, accompanied by a written statement that the Indiana state archives or society may procure at its expense such records for its own purposes.
(c) The order delivered under subsection (b) must state that the records will be made available to the Indiana state archives, the genealogical society, or the historical society subject to the following provisions:
(1) Genealogical or historical societies of the county which have an active organization shall have priority in the procuring of the public records.
(2) If there is more than one (1) genealogical or historical society of the county with an active organization, the earliest established genealogical or historical society shall have priority in the procuring of the public records.
(3) In order to procure all or part of the public records included in the order, a genealogical or historical society must offer to the Indiana state archives sufficient proof of ability to properly preserve the records in question, or the state archives may deny the records to the genealogical or historical society and give priority to another genealogical or historical society in the county or the Indiana state archives.
(4) If within thirty (30) days of the delivery of the destruction order to the genealogical or historical society, the society has not notified the commission of an intent to procure all or part of the records included in the order, the Indiana state archives may upon request procure at the archive's expense the records for the archive's own purposes within the remaining time in the sixty (60) day period.
(5) If a genealogical or historical society that has obtained records under this section subsequently wishes to destroy, transfer, or otherwise dispose of these records, the genealogical or historical society shall submit a request to the county commission for authorization to destroy, transfer, or otherwise dispose of the records according to the procedure set forth in this chapter.
(6) Records obtained by a genealogical or historical society under this chapter remain public records and are subject to all applicable public records laws.
Formerly: Acts 1939, c.91, s.7; Acts 1963, c.341, s.1. As amended by P.L.51-1991, SEC.1; P.L.50-1991, SEC.16; P.L.171-2015, SEC.40.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-8. Reckless, Knowing, or Intentional Destruction or Damage to Public Records; Offense; Exceptions

Sec. 8. A public official or other person who recklessly, knowingly, or intentionally destroys or damages any public record commits a Level 6 felony unless:
(1) the commission shall have given its approval in writing that the public records may be destroyed;
(2) the commission shall have entered its approval for destruction of the public records on its own minutes; or
(3) authority for destruction of the records is granted by an approved retention schedule established under this chapter.
Formerly: Acts 1939, c.91, s.8. As amended by P.L.50-1991, SEC.17; P.L.158-2013, SEC.79.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-9. Repealed

Formerly: Acts 1939, c.91, s.9; Acts 1955, c.319, s.3. As amended by P.L.25-1986, SEC.88. Repealed by P.L.50-1991, SEC.19.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-11. Application of Chapter

Sec. 11. This chapter does not apply to public records of a hospital established and operated under IC 16-22 and IC 16-23.
As added by P.L.40-1992, SEC.1. Amended by P.L.2-1993, SEC.51; P.L.184-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-12. Retention of Compilation or Creation of List or Report; Considerations

Sec. 12. Notwithstanding any other provision of this chapter, a local government official is not required to retain a compilation or creation of a list or report if:
(1) the list or report:
(A) consists solely of information contained in public records; and
(B) is generated by a computer program; and
(2) the compilation or creation does not result in the permanent electronic storage of the information.
As added by P.L.58-1993, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 8 of this chapter by P.L.20-1991 applies to public works contracts for which notices calling for sealed proposals for the work are published after June 30, 1991.
As added by P.L.220-2011, SEC.97.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-1. Repealed

Formerly: Acts 1947, c.306, s.1; Acts 1949, c.136, s.1; Acts 1953, c.4, s.1; Acts 1957, c.210, s.1; Acts 1961, c.121, s.1; Acts 1967, c.350, s.1; Acts 1969, c.140, s.1; Acts 1972, P.L.42, SEC.1. As amended by Acts 1977, P.L.250, SEC.5; Acts 1978, P.L.15, SEC.2; Acts 1979, P.L.41, SEC.1; Acts 1980, P.L.74, SEC.10; Acts 1981, P.L.56, SEC.1. Repealed by Acts 1981, P.L.57, SEC.45.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-1.1. Application of Chapter

Sec. 1.1. (a) For purposes of this section, the term "person" includes a sole proprietorship, partnership, association, corporation, limited liability company, fiduciary, or individual.
(b) This chapter applies to the construction, alteration, or repair of a public building or other public work or improvement owned by the state. In addition, the provisions of this chapter concerning the adoption of plans and specifications and the awarding of contracts also apply 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:
(1) the estimated cost of the work or improvement is twenty-five thousand dollars ($25,000) or more; and
(2) the lease gives the state an option to buy the real property.
As added by Acts 1979, P.L.42, SEC.1. Amended by Acts 1981, P.L.57, SEC.1; P.L.33-1983, SEC.14; P.L.52-1986, SEC.1; P.L.8-1993, SEC.58.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-1.2. Adoption of Plans and Specifications; Awarding of Contract

Sec. 1.2. (a) When a public building or other public work or improvement of any character is to be constructed, erected, altered, or repaired at the expense of the state or a commission created by law (excepting the Indiana department of transportation), and when the estimated costs of the work or improvement is greater than twenty-five thousand dollars ($25,000) the board, commission, trustee, officer, or agent acting on behalf of the state or commission created by law (excepting the Indiana department of transportation), shall adopt plans and specifications and shall award a contract for the public work or improvement to the lowest and best bidder who submits a bid for the performance of the work.
(b) Notwithstanding subsection (a), whenever the cost of any public work is estimated to be less than twenty-five thousand dollars ($25,000), the officer or agent acting on behalf of the state or commission having authority to employ workmen and own, rent, or lease equipment may purchase materials in the manner provided by law and perform the work by means of its own workmen and owned or leased equipment without awarding a construction contract for the work.
As added by Acts 1981, P.L.57, SEC.2. Amended by P.L.28-1983, SEC.53; P.L.52-1986, SEC.2; P.L.18-1990, SEC.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-1.3. Construction or Alteration of Certain Public Buildings

Sec. 1.3. Construction or alteration of any public building, the estimated cost of which is more than twenty-five thousand dollars ($25,000), may not be undertaken by any officer or agent hereinbefore mentioned or referred to except pursuant to and in compliance with plans and specifications therefor approved by a duly licensed architect or engineer.
As added by Acts 1981, P.L.57, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-1.4. Securing Bids or Causing Work to Be Done; Placement of Plans on File

Sec. 1.4. For the purpose of securing bids or for the purpose of causing the work to be done in the desired manner, the state or commission created by law (excepting the Indiana department of transportation) shall prepare, and place on file in its office, plans and specifications of the building or improvements sought to be constructed, erected, altered, or repaired whenever the estimated cost of the work is greater than twenty-five thousand dollars ($25,000).
As added by Acts 1981, P.L.57, SEC.4. Amended by P.L.52-1986, SEC.3; P.L.18-1990, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-1.5. State Educational Institutions; Performance of Certain Work by Its Own Employees; Conditions

Sec. 1.5. (a) The governing board of any state educational institution, acting on behalf of said institution, may purchase materials in the manner provided by law and perform any work by means of its own employees and owned or leased equipment in the construction, rehabilitation, extension, maintenance or repair of any building, structure, improvement, or facility, of said institutions, without awarding a contract therefor, whenever the cost of such work shall be estimated to be less than three hundred thousand dollars ($300,000).
(b) The workforce of a state educational institution may perform a public work described in subsection (a) only if:
(1) the workforce, through demonstrated skills, training, or expertise, is capable of performing the public work; and
(2) for a public work project under subsection (a) whose cost is estimated to be more than one hundred thousand dollars ($100,000), the state educational institution:
(A) publishes a notice under IC 5-3-1 that:
(i) describes the public work that the state educational institution intends to perform with its own workforce; and
(ii) sets forth the projected cost of each component of the public work as described in subsection (a); and
(B) determines at a public meeting that it is in the public interest to perform the public work with the state educational institution's own workforce.
A public work project performed by a state educational institution's own workforce must be inspected and accepted as complete in the same manner as a public work project performed under a contract awarded after receiving bids.
(c) If a public work project involves a structure, an improvement, or a facility under the control of a state educational institution, the state educational institution may not artificially divide the project to bring any part of the project under this section.
As added by Acts 1981, P.L.57, SEC.5. Amended by P.L.229-2011, SEC.77; P.L.172-2011, SEC.19; P.L.6-2012, SEC.35; P.L.252-2015, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-1.6. Declaration of Emergency Reconstruction or Repair of Building or Structure; Quotes by Invitation

Sec. 1.6. In the case of fire, flood, windstorm, casualty or other extraordinary emergency, including mechanical failure of any part of a building or structure, and where the health, safety or welfare of the public or the necessary governmental operations are endangered by such loss or damage, the responsible board or commission may, upon a declaration of emergency recorded in its minutes, proceed to reconstruct or repair the building or structure without advertising for bids. However, in such an emergency, quotes may be invited from at least three (3) or more persons, firms, limited liability companies, or corporations known to deal in the work required to be done, and the minutes of the board or commission shall show the names of those persons, firms, limited liability companies, or corporations invited to submit quotes.
As added by Acts 1981, P.L.57, SEC.6. Amended by P.L.8-1993, SEC.59; P.L.143-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-1.7. Purdue University; Agricultural or Forestry Land; Declaration of Emergency; Quotes by Invitation

Sec. 1.7. On agricultural or forestry land owned or occupied by Purdue University and used by it for educational or research purposes, the trustees of the university may, upon a declaration of necessity recorded in its minutes, award contracts without advertising for bids or otherwise satisfying the requirements of this chapter, if the cost of work is estimated to be less than two hundred thousand dollars ($200,000). However, quotes shall be invited from at least three (3) or more persons, firms, limited liability companies, or corporations known to deal in the work required to be done. The minutes of the board shall show the names of those invited to submit quotes.
As added by Acts 1981, P.L.57, SEC.7. Amended by P.L.8-1993, SEC.60; P.L.229-2011, SEC.78; P.L.172-2011, SEC.20; P.L.143-2014, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-1.9. Educational Institutions; Building Construction or Repair Contracts

Sec. 1.9. (a) Notwithstanding this article, a state educational institution may award a contract for any construction or repair work to any building, structure, or improvement of the institution without advertising for bids and meeting other contract awarding requirements of this article whenever the estimated cost of the project is less than three hundred thousand dollars ($300,000). However, in awarding any contract under this section the state educational institution must do the following:
(1) Invite quotes from at least three (3) persons, firms, limited liability companies, or corporations known to deal in the work required to be done.
(2) Give notice of the project if the estimated cost of the project is more than three hundred thousand dollars ($300,000). If required, notice must include a description of the work to be done and be given in at least one (1) newspaper of general circulation printed and published in the county in which the work is to be done.
(3) Award the contract to the person who submits the lowest and best quote.
(b) A state educational institution that awards a contract under this section to a minority business enterprise may include the contract when assessing the state educational institution's performance in meeting the goal set under section 7 of this chapter.
As added by Acts 1981, P.L.58, SEC.1. Amended by P.L.52-1986, SEC.4; P.L.70-1989, SEC.1; P.L.8-1993, SEC.61; P.L.2-2007, SEC.103; P.L.229-2011, SEC.79; P.L.172-2011, SEC.21; P.L.143-2014, SEC.3; P.L.236-2023, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-2. Bidders; Submission of Statement of Experience, Proposed Plan, Financial Status, and Trust Relationship; Forms

Sec. 2. (a) Each bidder shall be required to submit under oath with and as a part of the bidder's bid a statement of:
(1) the bidder's experience;
(2) the bidder's proposed plan for performing such work;
(3) the equipment available for the performance of such work;
(4) the bidder's financial status; and
(5) if a trust (as defined in IC 30-4-1-1(a)), the name of each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
(b) The statements required by this section shall be submitted on forms which shall be prescribed by the state board of accounts. The forms prescribed shall:
(1) be designated, respectively, as the experience questionnaire, the plan and equipment questionnaire, and the contractor's financial statement; and
(2) be based, so far as applicable, on the standard questionnaires and financial statements for bidders as approved and recommended by the joint conference on construction practices, for use in investigating the qualifications of bidders on public construction work.
The forms shall be used by all such boards, commissions, trustees, officers, and agents in obtaining the information required in the administration of this chapter.
(c) If the information submitted by any bidder on the forms prescribed in this section is found, on examination, to be unsatisfactory, the bid submitted by such bidder shall not be considered.
Formerly: Acts 1947, c.306, s.2; Acts 1965, c.251, s.1; Acts 1967, c.152, s.1. As amended by P.L.33-1983, SEC.15; P.L.336-1989(ss), SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-3. Filing of Plans and Specifications; Notice; Publication; Minimum Bid Invitations

Sec. 3. (a) Upon the filing of the plans, specifications, and drawings, as provided in section 1.4 of this chapter, the officer or agent shall twice publish a notice indicating that drawings, plans, and specifications are on file at the office and calling for sealed proposals for the work by a day fixed in the publication. The time lapse between the date of publication and the date of receiving bids is governed by the size of the contemplated project and is in the discretion of the board, commission, trustee, officer, or agent publishing the notice. In no event shall the lapsed time be more than six (6) weeks.
(b) Notwithstanding subsection (a), if a public building or other public work or improvement under this chapter is estimated to cost less than twenty-five thousand dollars ($25,000) and a contract is to be awarded for the work, the awarding officer, commission, or agent may:
(1) publish notice in the manner provided in subsection (a); or
(2) invite bids from not less than three (3) persons, firms, limited liability companies, or corporations, known to deal in the work proposed to be done, by mailing a notice for the work not less than three (3) days before the time fixed for receiving bids indicating that plans and specifications are on file in a certain office.
Formerly: Acts 1947, c.306, s.3; Acts 1949, c.136, s.2. As amended by P.L.52-1986, SEC.5; P.L.8-1993, SEC.62.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-4. Repealed

[Pre-Local Government Recodification Citations: 19-8-3-1; 19-8-3-2.]
As added by Acts 1981, P.L.11, SEC.20. Amended by Acts 1982, P.L.33, SEC.5. Repealed by P.L.33-1983, SEC.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-6. Trench Safety Systems; Cost Recovery

Sec. 6. (a) This section applies to a public building or other public work or improvement that may require creation of a trench of at least five (5) feet in depth.
(b) IOSHA regulations 29 C.F.R. 1926, Subpart P, for trench safety systems shall be incorporated into the contract documents for a public works project.
(c) The contract documents for a public works project shall provide that the cost for trench safety systems shall be paid for:
(1) as a separate pay item; or
(2) in the pay item of the principal work with which the safety systems are associated.
As added by P.L.1-1990, SEC.63.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-7. Minority Business Enterprises; Award of Contracts

Sec. 7. A board, a commission, a trustee, an officer, or agent must establish as a goal that five percent (5%) of the contracts awarded be let to minority business enterprises (as defined in IC 4-13-16.5-1).
As added by P.L.1-1990, SEC.64.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-8. Plumbing Installations; Proof of Licensure

Sec. 8. (a) A person who submits a bid or quote for a public works contract under this chapter that involves the installation of plumbing must submit evidence that the person is a licensed plumbing contractor under IC 25-28.5-1.
(b) If a public works contract under this chapter is awarded to a person who does not meet the requirements of subsection (a), the contract is void.
As added by P.L.20-1991, SEC.2. Amended by P.L.143-2014, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 1. Public Works by State Agencies › 5-16-1-9. Application of Ic 5-22-16.5 to Award of Contracts Under Chapter

Sec. 9. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with the Government of Iran) applies to the awarding of contracts, including contracts for professional services, under this article.
(b) For purposes of applying IC 5-22-16.5 to contracts awarded under this article, the following apply:
(1) A reference to an "offer" in IC 5-22-16.5 refers to:
(A) a bid for a public works contract; or
(B) a proposal to provide professional services;
under this article.
(2) A person may not be awarded a contract under this article if the person would be disqualified from being awarded a contract under IC 5-22-16.5.
(3) The procedures, rights, and application of penalties described in IC 5-22-16.5 shall be applied in the context of this article so that the public policy of IC 5-22-16.5 and this article are both implemented.
As added by P.L.21-2012, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 2. Public Works Bids to Be Submitted and Opened at Public Meeting › 5-16-2-1. Time for Submitting Bid; Opening Bids

Sec. 1. All state officers, administrative boards or agencies acting on behalf of the state or any state institution or state agency, authorized by law to let contracts for public work shall have no authority to require any bidder to submit his bid at any time earlier than the open meeting at which it is to be received. All such meetings for receiving bids shall be open to the public and all bidders shall be entitled to attend. Bids so received shall be opened publicly and read aloud at the time and place designated for the receipt thereof.
Formerly: Acts 1913, c.228, s.1; Acts 1965, c.317, s.1. As amended by Acts 1981, P.L.57, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 2. Public Works Bids to Be Submitted and Opened at Public Meeting › 5-16-2-1.4. Rejection of Bids or Quotes Submitted

Sec. 1.4. The political body or officer authorized to let contracts for public works or improvement may, in the reasonable exercise of discretion, reject all bids or quotes submitted.
As added by Acts 1977, P.L.59, SEC.1. Amended by P.L.143-2014, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 2. Public Works Bids to Be Submitted and Opened at Public Meeting › 5-16-2-1.5. Awarding Contract; Notice to Proceed; Time Limits and Failure to Meet; Elections of Successful Bidder

Sec. 1.5. (a) Within sixty (60) days from the date on which bids are opened as specified in section 1 of this chapter, the political body or officer authorized to let contracts for public work or improvement shall award that contract and shall provide the successful bidder with written notice to proceed. However, if general obligation bonds are to be sold to finance the construction which is the subject of the bid, ninety (90) days shall be allowed; if revenue bonds are to be issued and approval by the utility regulatory commission obtained, or if special taxing district general obligation or revenue bonds are to be issued and sold to finance the construction, one hundred fifty (150) days shall be allowed. A failure to award and execute the contract and to issue notice to proceed within the time required by this section entitles the successful bidder to either:
(1) reject the contract and withdraw his bid without prejudice; or
(2) grant an extension of time to effect award and execution of the contract and notice to proceed at an agreed later date.
(b) If the successful bidder elects to reject the contract and withdraw his bid, notice of that election must be given to the political body or the officer authorized to let the contract in writing within fifteen (15) days of the sixty (60) day expiration date or any extension thereof.
As added by Acts 1977, P.L.59, SEC.2. Amended by Acts 1979, P.L.43, SEC.1; P.L.23-1988, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 2. Public Works Bids to Be Submitted and Opened at Public Meeting › 5-16-2-2. Void Contracts

Sec. 2. All contracts for public work by any of the political bodies or officers mentioned in this chapter which are not let in conformity with the provisions of this chapter shall be void.
Formerly: Acts 1913, c.228, s.2. As amended by Acts 1977, P.L.59, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 2. Public Works Bids to Be Submitted and Opened at Public Meeting › 5-16-2-3. Supplemental Effect of Chapter

Sec. 3. This chapter shall be construed as supplemental to the laws in force on April 30, 1913, relating to the letting of contracts for public work and shall not repeal or amend any of such laws except such as are contrary to the provisions of this chapter.
Formerly: Acts 1913, c.228, s.3. As amended by P.L.25-1986, SEC.89.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 3. Filing Blueprints and Specifications › 5-16-3-1. Blueprints and Specifications; Filing

Sec. 1. (a) A public official, board, commission, or other public agency having charge of the construction of a public building, an addition to the building, or an alteration of the building shall file in the department of homeland security, within sixty (60) days after the completion of the building project, a complete set of blueprints and a complete set of bound specifications for the public building, addition, or alteration.
(b) Subsection (a) does not apply to buildings, additions, or alterations that are constructed at a cost of less than twenty-five thousand dollars ($25,000).
Formerly: Acts 1951, c.185, s.1. As amended by P.L.8-1984, SEC.7; P.L.52-1986, SEC.6; P.L.1-2006, SEC.103; P.L.187-2021, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 3. Filing Blueprints and Specifications › 5-16-3-2. Depository for Blueprints and Specifications; State Librarian

Sec. 2. The department of homeland security shall provide a safe depository for all blueprints and specifications filed as provided in section 1 of this chapter and retain them for inspection and loan under the conditions and restrictions as the fire prevention and building safety commission shall determine by rule. The fire prevention and building safety commission may designate the librarian of the state of Indiana as the custodian of any blueprints and specifications filed with it, at any time, and it shall be the duty of the state librarian to safely preserve the same in the state archives as public documents.
Formerly: Acts 1951, c.185, s.2. As amended by P.L.8-1984, SEC.8; P.L.1-2006, SEC.104; P.L.187-2021, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5. Withholding and Bond to Secure Payment of Subcontractors, Labor, and Materialmen › 5-16-5-0.4. "Person"

Sec. 0.4. As used in this chapter, "person" includes a natural person, firm, limited liability company, or corporation.
As added by P.L.75-2012, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5. Withholding and Bond to Secure Payment of Subcontractors, Labor, and Materialmen › 5-16-5-0.5. "Public Body"

Sec. 0.5. As used in this chapter, "public body" refers to a board, commission, trustee, officer, or agent acting on behalf of the state or a commission created by law.
As added by P.L.75-2012, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5. Withholding and Bond to Secure Payment of Subcontractors, Labor, and Materialmen › 5-16-5-0.6. "Public Work"

Sec. 0.6. As used in this chapter, "public work" refers to the construction, erection, alteration, or repair of a public building, public improvement, or other public work, the cost of which is paid for by funds derived from taxation. The term includes all roads, highways, streets, alleys, bridges, sewers, drains, or other public improvements.
As added by P.L.75-2012, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5. Withholding and Bond to Secure Payment of Subcontractors, Labor, and Materialmen › 5-16-5-1. Withholding Final Payments; Filing Claims for Payment; Release of Surety

Sec. 1. (a) Except as otherwise provided in this chapter, when a public work is performed under contract at the expense of the state or a commission created by law, the public body shall withhold final payment to the contractor until the contractor has paid to:
(1) all subcontractors;
(2) all suppliers of materials for material furnished;
(3) all labor employed in the public work; and
(4) all those furnishing any service in relation to or in connection with the public work;
all bills due and owing to the persons described in subdivisions (1) through (4) who have filed a claim under subsection (c).
(b) If there is not a sufficient sum owing to the contractor on the contract to pay all the bills, then the sum owing on the contract shall be prorated in payment of all the bills among the persons entitled to payment.
(c) A person claiming payment under this section must file with the public body a claim not later than sixty (60) days after the last labor is performed, the last material is furnished, or the last service is rendered by that person, as provided in section 2 of this chapter.
(d) If there is no dispute among the claimants, the public body shall pay all claims out of the funds due the contractor and take a receipt for each payment. The total of amounts paid under this subsection shall be deducted from the contract price.
(e) If there is a dispute among the claimants, the public body shall retain sufficient funds until the dispute is settled, the correct amounts are determined, and payment of those amounts shall be made as provided in subsection (d).
(f) Except for amounts required to be withheld under subsection (e) or as otherwise provided in this chapter, this chapter does not preclude a full, final, and complete settlement upon a contract with a contractor after thirty (30) days from the date of the completion and acceptance of the work as completed.
(g) The surety of a contractor may not be released until the expiration of one (1) year after the final settlement with the contractor.
Formerly: Acts 1911, c.173, s.1; Acts 1925, c.44, s.1; Acts 1931, c.168, s.1; Acts 1933, c.258, s.1. As amended by Acts 1981, P.L.57, SEC.10; P.L.75-2012, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5. Withholding and Bond to Secure Payment of Subcontractors, Labor, and Materialmen › 5-16-5-3. Conflicting Laws

Sec. 3. This chapter shall not be construed as conflicting with any other laws for the protection of labor, subcontractors, or materialmen, but is supplemental to those laws.
Formerly: Acts 1911, c.173, s.3. As amended by P.L.25-1986, SEC.90.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007.
As added by P.L.220-2011, SEC.98.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-1. Definitions

Sec. 1. As used in this chapter:
"State agency" means the state of Indiana or any commission or agency created by law.
"Agent" shall include any board, commission, trustee, officer or agent which acts on behalf of a state agency.
"Public building", "public work" and "public improvement" or combinations thereof shall be construed to include all buildings, work or improvements the cost of which is paid for from public funds but shall not include highways, roads, streets, alleys, bridges and appurtenant structures situated on streets, alleys, railroad projects (as defined in IC 8-5-15-1) and dedicated highway rights-of-way.
"Substantial completion" shall be construed to mean the date when the construction of a structure or building is sufficiently completed, in accordance with the plans and specifications, as modified by any completed change orders agreed to by the parties, so that the state agency can occupy the structure or building for the use for which it was intended. Furthermore, the warranty period shall commence no later than the date of substantial completion.
"Contractor" shall mean any person, firm, limited liability company, or corporation who is party to a contract with a state agency to construct, erect, alter or repair any public building or is any way involved in public work or public improvement.
"Subcontractor" shall mean and include any person, firm, limited liability company, or corporation who is a party to a contract with the contractor and who furnishes and performs on-site labor on any public building, work or improvement. It also shall include materialmen who supply contractors or subcontractors as contained in this chapter.
"Retainage" means any amount to be withheld from any payment to a contractor or subcontractor pursuant to the terms of a contract until the occurrence of a specified event.
"Escrowed principal" shall mean the value of all cash and securities or other property at the time placed in an escrow account.
"Escrowed income" shall mean the value of all property held in an escrow account over the escrowed principal in such account.
Formerly: Acts 1972, P.L.44, SEC.1. As amended by Acts 1977, P.L.60, SEC.1; Acts 1981, P.L.57, SEC.12; P.L.8-1993, SEC.64; P.L.160-2006, SEC.5; P.L.136-2018, SEC.36.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-2. Contracts Governed by This Chapter

Sec. 2. To the extent that this chapter is applicable, all contracts between a contractor and a state agency concerning any public building, work, or improvement entered into after May 1, 1972, and which contracts are in excess of two hundred thousand dollars ($200,000) are to be governed by the provisions of this chapter, as are the rights and duties among the parties to the contract and any subcontractors who do any work under the contract. A state agency may elect to have a contract that is for not more than two hundred thousand dollars ($200,000) be governed by this chapter. All contracts governed by the provisions of this chapter shall include provisions for the retainage of portions of payments by a state agency to contractors, by contractors to subcontractors, and for the payment of subcontractors.
Formerly: Acts 1972, P.L.44, SEC.1. As amended by P.L.25-1986, SEC.91; P.L.133-2007, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-3. Retainage; Escrow Agreement

Sec. 3. Any state agency which enters into a contract for any public building, work or improvement, and any contractor subcontracting portions of such contract, which contracts contain provision for retainage shall include in their respective contracts a provision that at the time any retainage is withheld, the state agency and/or contractor shall place such retainage in an escrow account, with a bank, savings and loan institution, or the State of Indiana or an instrumentality thereof, as escrow agent selected by mutual agreement between the affected contract parties, pursuant to a written agreement among the bank or savings and loan institution, the state agency, and the contractor as appropriate. The escrow agreement shall provide as follows:
(a) The escrow agent shall promptly invest all escrowed principal in such obligations as shall be selected by the escrow agent in its discretion.
(b) The escrow agent shall hold the escrowed principal and income until receipt of notice from the state agency and the contractor, or the contractor and the subcontractor, specifying the portion or portions of the escrowed principal to be released from the escrow and the person or persons to whom such portion or portions are to be released. Upon receipt of such notice the escrow agent shall promptly remit the designated portion of escrowed principal and the same proportion of then escrowed income to such person or persons.
(c) The escrow agent shall be compensated for its services as the parties may agree on a commercially reasonable fee commensurate with fees then being charged for the handling of escrow accounts of like size and duration. The fee must be paid from the escrowed income of the escrow account.
(d) The agreement may include such other terms and conditions not inconsistent with the foregoing paragraphs (a), (b) and (c) including but not limited to provisions authorizing the escrow agent to commingle the escrowed funds with funds held pursuant to other escrow agreements and limiting the liability of the escrow agent.
Formerly: Acts 1972, P.L.44, SEC.1. As amended by Acts 1977, P.L.60, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-3.1. Escrow Accounts; Establishment and Maintenance; Fee; Schedule

Sec. 3.1. The treasurer of state may charge a reasonable fee for services that the treasurer renders in connection with the establishment and administration of escrow accounts. If the treasurer charges such fee, the treasurer shall prepare a fee schedule and make it available to the contractor. Any fee must be paid by the contractor at the time the escrow account is established.
As added by P.L.69-1987, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-3.5. Retainage; Options to Determine Amount

Sec. 3.5. (a) To determine the amount of retainage to be withheld, a state agency shall elect one (1) of the following options:
(1) Withhold no more than ten percent (10%) nor less than six percent (6%) of the dollar value of all work satisfactorily completed until the public work is fifty percent (50%) complete, and nothing further after that.
(2) Withhold no more than five percent (5%) nor less than three percent (3%) of the dollar value of all work satisfactorily completed until the public work is substantially complete.
(b) If upon substantial completion of the work there are any remaining uncompleted minor items, an amount computed under section 6 of this chapter shall be withheld until those items are completed.
As added by Acts 1980, P.L.33, SEC.1. Amended by P.L.133-2007, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-4. Performance Bond; Incremented Bonding; Release or Discharge of Surety; Waiver of Bond Requirements for Certain State Educational Institution Projects

Sec. 4. (a) This section does not apply to a contract entered into by a state educational institution if:
(1) the amount to be paid under the contract is less than five hundred thousand dollars ($500,000); and
(2) the state educational institution agrees to waive the requirement.
(b) At the time of entering into any contract covered by the provisions of this chapter, the contractor shall furnish a valid performance bond which is acceptable to the state agency involved in an amount equal to the contractor's total contract price. If it is acceptable to the state agency involved, this performance bond may provide for incremental bonding in the form of multiple or chronological bonds which, when taken as a whole, equal the total contract price.
(c) The surety on the bond shall not be released for a period of one (1) year after final settlement with the contractor. No change, modification, omission or addition in and to the terms or conditions of said contract, plans, specifications, drawings or profile or any irregularity or defect in said contract or in the proceedings preliminary to the letting and awarding thereof shall in any way affect or operate to release or discharge the surety.
Formerly: Acts 1972, P.L.44, SEC.1. As amended by Acts 1978, P.L.15, SEC.3; P.L.135-2017, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-5. Payment of Subcontractor; Certification of Receipt

Sec. 5. Within ten (10) days of the receipt of any payment by the state agency or escrow agent, the contractor or escrow agent shall pay all subcontractors with whom he has contracted their share of the payment the contractor received based upon the service performed by the subcontractor. The contractor shall furnish upon request a sworn statement or certification at the time of payment to him that the subcontractor has received his share of the previous payment to the contractor. The making of an incorrect certification may be considered a breach of contract by the state agency, and it may exercise all of its prerogatives set out in the contract in addition to the remedies for falsifying an affidavit. Such an action may also result in a suspension of prequalification with the certification board established under IC 4-13.6-3-3.
Formerly: Acts 1972, P.L.44, SEC.1. As amended by P.L.33-1983, SEC.16; P.L.24-1985, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-6. Payment of Contractor; Uncompleted Minor Items

Sec. 6. The contractor shall be paid in full including all escrowed principal and escrowed income by the state agency and escrow agent within sixty-one (61) days following the date of substantial completion, subject to IC 5-16-5. If at that time there are any remaining uncompleted minor items, an amount equal to two hundred percent (200%) of the value of each item as determined by the architect-engineer shall be withheld until said item or items are completed.
Formerly: Acts 1972, P.L.44, SEC.1. As amended by P.L.86-2018, SEC.20.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-7. Suit Against Surety; Time Limitation

Sec. 7. All suits must be brought against a surety on a bond required by this chapter within one (1) year after the completion of the work or service in question.
Formerly: Acts 1972, P.L.44, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors › 5-16-5.5-8. Conflicting Laws

Sec. 8. This chapter shall not be construed as conflicting with any other laws for the protection of labor, subcontractors or materialmen, but is supplemental thereto.
Formerly: Acts 1972, P.L.44, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 6. Discrimination by Contractors and Subcontractors Prohibited › 5-16-6-1. Contract Provisions; Antidiscrimination Clauses

Sec. 1. Every contract for or on behalf of the state of Indiana or any of the municipal corporations thereof, for the construction, alteration, or repair of any public building or public work in the state of Indiana shall contain provisions by which the contractor agrees:
(a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, or subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, religion, color, sex, national origin or ancestry, discriminate against any citizen of the state of Indiana who is qualified and available to perform the work to which the employment relates;
(b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, religion, color, sex, national origin or ancestry;
(c) That there may be deducted from the amount payable to the contractor by the state of Indiana or by any municipal corporation thereof, under this contract, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and
(d) That this contract may be cancelled or terminated by the state of Indiana or by any municipal corporation thereof, and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract.
Formerly: Acts 1933, c.270, s.1; Acts 1975, P.L.27, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 16. Public Works › Chapter 6.5. Minority Business Certification › 5-16-6.5-1. "Disadvantaged Business Enterprise" Defined

Sec. 1. As used in this chapter, "disadvantaged business enterprise" means a minority business enterprise as defined in IC 4-13-16.5-1.
As added by P.L.70-1987, SEC.1.