Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

requirements for contractors Sec. 11. Except as provided in this section, the following apply to each contractor in any contractor tier of a public works project: (1) IC 22-5-1.7. A contractor shall submit to the public agency letting the contract for a public works project, befo…

requirement for certain contractors to participate in an apprenticeship or training program Sec. 12. (a) This section applies after June 30, 2016, only to a contractor that employs ten (10) or more employees. (b) A contractor must provide access to a training program applicable t…

Sec. 13. (a) This section applies to a public works contract awarded after June 30, 2016. The payroll and related records of a contractor in any contractor tier must be: (1) preserved by the contractor for a period of three (3) years after completion of the project work; and (2) …

Sec. 14. (a) This section applies to a public works contract awarded after June 30, 2016. (b) As used in this section, "department" refers to the department of workforce development established under IC 22-4.1-2-1. (c) A public agency that is the owner of a public works project a…

by another public agency Sec. 15. (a) This section applies to a contractor in any contractor tier of a public works project. (b) A public agency that reasonably suspects a contractor has violated a provision of this chapter shall do one (1) of the following: (1) If the suspected …

Sec. 16. (a) As used in this section, "adequate welding standards" means specifications, guidelines, tests, and other methods used to ensure that all structural steel welds meet, at minimum, the codes and standards for such welds established in the welding code and under rules ad…

Sec. 2. (a) Except as provided in subsection (b), as used in this chapter, "applicable public works statute" refers to whichever of the following statutes is applicable to public works projects of the public agency: (1) IC 4-13.6. (2) This article. (3) IC 36-1-12. (4) Any other s…

Sec. 3. As used in this chapter, "contractor" refers generally to a contractor in any contractor tier. As added by P.L.252-2015, SEC.12. IC 5-16-13-4 "Contractor tier" Sec. 4. As used in this chapter, "contractor tier" refers collectively to the following classes of contractors o…

Sec. 5. As used in this chapter, "public agency" has the meaning set forth in IC 5-30-1-11. As added by P.L.252-2015, SEC.12.

Sec. 6. As used in this chapter, "public works project" refers to a construction project governed by an applicable statute. As added by P.L.252-2015, SEC.12.

Sec. 7. The substance of the provisions of this chapter must be stated or incorporated by reference in each public works contract. As added by P.L.252-2015, SEC.12.

Sec. 8. A public works project may not be structured other than in the contractor tier structure. As added by P.L.252-2015, SEC.12.

contribution to public works contract Sec. 9. Each tier 1 contractor must contribute in: (1) work performed by the tier 1 contractor's employees; (2) materials supplied directly by the tier 1 contractor; (3) services supplied directly by the tier 1 contractor's employees; or (4) …

Sec. 1. As used in this chapter, "qualified agency" refers to a nonprofit agency for individuals with disabilities (as defined by IC 16-32-2-1(a)) that meets all of the following conditions: (1) The agency is a nonprofit organization that is incorporated in Indiana. (2) The agenc…

Sec. 2. (a) This section applies only to a governmental body that is a political subdivision. (b) A governmental body may purchase supplies and services without advertising or calling for bids from a qualified agency under the same conditions as supplies produced by the departmen…

political subdivisions Sec. 3. (a) This section applies to a governmental body not covered by section 2 of this chapter. (b) A governmental body shall purchase supplies and services without advertising or calling for bids from a qualified agency under the same conditions as suppl…

Sec. 4. A governmental body may apportion purchases of supplies and services under this chapter on an equitable basis among the interested qualified agencies. As added by P.L.49-1997, SEC.1.

of fair market price Sec. 5. (a) Supplies and services purchased under this chapter must: (1) meet the specifications and needs of the purchasing governmental body; and (2) be purchased at a fair market price as described under subsection (b). (b) A fair market price under this s…

quantity purchase agreement for products and services; conditions Sec. 6. (a) This section applies to a qualified agency that: (1) participates in or, before January 1, 2022, participated in a pilot project; and (2) before the qualified agency's participation in the pilot project…

agreement awarded to qualified agency Sec. 7. (a) As used in this section, "department" refers to the Indiana department of administration created by IC 4-13-1-2. (b) As used in this section, "QPA" refers to a quantity purchase agreement awarded by the department. (c) If a state …

Sec. 1. As used in this chapter, "center" refers to the permit assistance center established by section 4 of this chapter. As added by P.L.4-2005, SEC.34.

Sec. 10. Upon request of the center, each state agency shall provide the assistance and data necessary to enable the center to perform its duties under this chapter. As added by P.L.4-2005, SEC.34.

Sec. 11. The corporation may adopt policies and guidelines to implement this chapter. As added by P.L.4-2005, SEC.34.

Sec. 2. As used in this chapter, "permit" means any state agency permit, license, certificate, approval, registration, or similar form of approval required by a statute or an administrative rule. As added by P.L.4-2005, SEC.34.

Sec. 3. As used in this chapter, "state agency" has the meaning set forth in IC 4-13-1-1. As added by P.L.4-2005, SEC.34.

Sec. 4. The permit assistance center is established within the corporation. The center has the following duties: (1) Providing comprehensive information on permits required for business activities in Indiana and making this information available to any person. (2) Assisting appli…

Sec. 5. The center shall establish an information file on all state agency permit requirements that affect business activities in Indiana. The center shall: (1) develop methods for maintaining, updating, and providing ready access to the information file; (2) use the information …

Sec. 6. The center may prepare and distribute publications and other materials that: (1) serve the convenience of permit applicants; and (2) explain permit requirements affecting business activities. As added by P.L.4-2005, SEC.34.

services; advice to applicants Sec. 7. The center may encourage federal and local government permit agencies to use the services provided by the center to make information available to permit applicants. The center may advise permit applicants of federal and local permit requirem…

Sec. 8. The center may not charge a fee for services provided under this chapter. However, this section does not relieve a permit applicant of any part of the fees or charges established by a state agency for the review and approval of permit applications. As added by P.L.4-2005,…

Sec. 9. This chapter does not affect the authority of a state agency to approve or deny a permit in the manner provided by any other law. As added by P.L.4-2005, SEC.34.

Sec. 1. The general assembly finds the following: (1) Mandatory divestment by the system of fund holdings in entities and investment products is a measure that should be employed only under extraordinary circumstances. (2) The People's Republic of China has both the motivation an…

Sec. 10. As used in this chapter, "system" has the meaning set forth in IC 5-10.5-1-6. As added by P.L.104-2023, SEC.1.

Sec. 11. After June 30, 2023, the system may not knowingly invest in a restricted entity or a restricted investment product and shall divest any investment that the system has on behalf of a fund in accordance with this chapter. Determinations under this chapter are independent o…

Sec. 12. Before June 30, 2023, and at least annually before July 1 of each subsequent year, the board shall make a good faith effort to identify all restricted entities and restricted investment products in which the system holds an investment. The board may use an independent re…

Sec. 13. If the board determines after a review under section 12 of this chapter that the system has investments in a restricted entity or a restricted investment product, the board shall establish a plan to divest the investment and complete the divestment as soon as financially…

Sec. 14. The board, as directed by the legislative council, shall consult with the interim study committee on pension management oversight to determine whether to cease or defer divestment in the entity or product initiated under this chapter and resume investment in the entity o…

Sec. 15. (a) On or before November 2, 2023, and annually before November 2 of each subsequent year, the board shall submit a report in an electronic format under IC 5-14-6 to the executive director of the legislative services agency for distribution to the members of the general …

obligations Sec. 16. With respect to actions taken in compliance with this chapter, including all good faith determinations regarding restricted entities and restricted investment products, the board and the system are exempt from any conflicting statutory or common law obligatio…

Sec. 17. (a) Both: (1) the state and its officers, agents, and employees; and (2) a fund or the system and its board members, executive director, officers, agents, and employees; are immune from civil liability for any act or omission related to the removal of an asset from a fun…

fund Sec. 18. (a) Except as provided in subsection (b), the divestment requirements of this chapter do not apply to existing investments in private market funds. (b) The requirements of section 11 of this chapter shall apply to existing investments in private market funds. (c) No…

Sec. 19. The provisions of this chapter are severable in the manner provided in IC 1-1-1-8(b). As added by P.L.104-2023, SEC.1.

Sec. 2. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1. As added by P.L.104-2023, SEC.1.

Sec. 3. As used in this chapter, "control" means the following: (1) Control as defined in the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)). (2) Involvement in an entity's governance structure, monitoring, or internal human resources decisions of an entity consistent with t…

Sec. 4. As used in this chapter, "divest" means a sale, redemption, replacement, or any other activity that terminates the investment. As added by P.L.104-2023, SEC.1. IC 5-10.2-13-5 "Fund" Sec. 5. As used in this chapter, "fund" refers to any public pension and retirement funds …

Sec. 6. As used in this chapter, "investment" refers to any investment that the board or system is authorized to make under IC 5-10.5-5 or another law. As added by P.L.104-2023, SEC.1.

Sec. 7. As used in this chapter, "person" means an individual or entity. As added by P.L.104-2023, SEC.1.

Sec. 8. As used in this chapter, "restricted entity" refers to the following, including wholly owned subsidiaries, majority owned subsidiaries, parent companies, and affiliates that exist for profit-making purposes: (1) Any person (other than a U.S. person (as defined in 15 CFR 7…

Sec. 9. As used in this chapter, "restricted investment product" refers to an investment product that: (1) is managed by one (1) or more persons: (A) that are not employed by the system; and (B) in which the system on behalf of the fund owns investments together with investors ot…