Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

limitations Sec. 1. (a) Any bonds, notes, or warrants, whether payable from property taxes, revenues, or any other source, are not subject to the maximum interest rate limitations contained in any law enacted before December 31, 1982, if they are issued by or in the name of any e…

Sec. 1.2. As used in this chapter, "issuer" means any issuer of obligations that is referred to in IC 5-1-1-1(b). As added by P.L.37-1988, SEC.2.

Sec. 1.3. The following definitions apply throughout this chapter: (1) "Local issuing body" has the meaning set forth in IC 5-1-5-1. (2) "Special benefit taxes" has the meaning set forth in IC 5-1-5-1. (3) "Swap agreement" has the meaning set forth in IC 8-9.5-9-4, except that th…

Sec. 1.5. As used in this chapter, "obligations" has the meaning set forth in IC 5-1-3-1(2). As added by P.L.37-1988, SEC.3. Amended by P.L.88-2021, SEC.3.

Sec. 11. If an issuer is authorized by statute to issue obligations and to make payments of principal and interest to owners of those obligations from any source, the issuer is authorized to pay fees and charges associated with the issuance of the obligations from that source, in…

Sec. 12. Notwithstanding any other law, if an agency, an authority, a board, a department, or a commission of a unit (as defined in IC 36-1-2) is authorized to issue obligations in the name of the unit for any purpose for which any other agency, authority, board, department, or c…

issuer Sec. 12.5. Notwithstanding any other law, an issuer may purchase any obligations on terms the issuer finds reasonable and may issue its obligations to effectuate that purpose on terms that the issuer finds reasonable. As added by P.L.224-2003, SEC.265.

Sec. 13. The following provisions apply when an issuer negotiates a sale of obligations and a statute does not specify a time within which to contest the validity of the obligations or the sale of the obligations: (1) No action to contest the validity of the obligations may be br…

development Sec. 14. (a) Notwithstanding any other law, a municipality may sell the municipality's interest in any notes payable to the municipality at a negotiated sale. (b) A county or municipality may establish a revolving fund from grants, the revenue received by the county o…

Sec. 15. (a) Before July 1, 2008, a county or municipality may issue bonds, notes, or other obligations for the purpose of providing funds to pay pension benefits under IC 36-8-6, IC 36-8-7, or IC 36-8-7.5. (b) Notwithstanding any other law: (1) bonds, notes, or other obligations…

equal payment amounts and at regular designated intervals; exceptions Sec. 16. (a) This section applies to obligations that are: (1) issued after June 30, 2008, by a local issuing body; and (2) payable from ad valorem property taxes, special benefit taxes on property, or tax incr…

Sec. 17.2. (a) This section does not apply to a political subdivision or other local entity when the political subdivision or other local entity participates in a program sponsored by the Indiana bond bank in which the actions of the Indiana bond bank are subject to this section.…

Sec. 18. In connection with the issuance by the issuer of any obligation described in IC 5-1-1-1(b), the execution of the obligation (including any contract, certificate, or other document executed on behalf of the issuer in connection with the execution of the obligation) using …

maturity date Sec. 2. Any bonds, notes, or warrants, whether payable from property taxes, revenues, or any other source, issued by an entity enumerated in section 1(a) of this chapter may provide that the bonds, notes, or warrants may be payable before maturity from available fun…

interest on bonds Sec. 3. Notwithstanding any other law, any issuer may take any reasonable and necessary action to establish or maintain the exclusion from gross income for interest on obligations of the issuer under federal law. These actions may include, without limitation: (1…

Sec. 5. Notwithstanding any other law, any city, town, county, school corporation, or regional district organized under IC 13-26 or IC 13-3-2 (before its repeal) that has complied with all statutory requirements for the issuance of its bonds, other than IC 5-1-11 or any public sa…

services reserves, or payment of interest; reimbursements Sec. 6. (a) Notwithstanding any other law, an issuer may use proceeds of its obligations to pay the reasonable cost of issuance of the obligations or to fund reasonably required debt service reserves to secure the payment …

Sec. 7. (a) This section applies to: (1) each county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000); and (2) each second class city located in a county described in subdivision (1). (b) As used in th…

constitutional purposes Sec. 8. If a statute provides that amounts due under a loan to a political subdivision (as defined in IC 36-1-2) or a local public improvement bond bank shall or may be withheld by the auditor of state from other money payable to the political subdivision …

Sec. 9. (a) The general assembly covenants that it will not adopt, amend, or repeal a statute in a way that impairs the rights and remedies of the owners of obligations, until the obligations, interest on the obligations, interest on an unpaid installment of interest, and all cos…

Sec. 1. As used in this chapter, "dies in the line of duty" refers to a death that occurs as a direct result of personal injury or illness resulting from an action that an employee, in the employee's capacity as an employee, is obligated or authorized to perform by rule, regulati…

Sec. 2. As used in this chapter, "employee" means an individual who is employed full time by the state as a state police officer. As added by P.L.24-2005, SEC.2.

duty Sec. 3. (a) If the state police department offers health coverage for active employees, the state police department shall offer to provide and pay for health coverage under the health coverage plan provided for active employees for: (1) the surviving spouse; and (2) each nat…

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024. Sec. 1. (a) As used in this section, "official" includes the following: (1) An elected official who is entitled to attend a conference under this section. (2) A…

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024. Sec. 2. (a) The state board of accounts shall annually conduct a training institute for clerk-treasurers and may conduct a training institute for city clerks, e…

Sec. 1. At the request of the department of environmental management, the authority shall carry out the program established under this chapter. As added by P.L.189-2018, SEC.25.

Sec. 1.2. As used in this chapter, "non-revenue water" means the difference between the amount of water that enters a water distribution system and the amount of water provided to users of the water distribution system. As added by P.L.56-2019, SEC.1.

Sec. 10. (a) The authority may pledge loans, evidences of other financial assistance, and other obligations evidencing the loans or other financial assistance from the water infrastructure assistance fund to secure other loans or financial assistance from: (1) the water infrastru…

Sec. 11. Not later than August 1 of each odd-numbered year through 2021, the public finance director shall prepare for the budget committee established by IC 4-12-1-3 and the legislative council a report that includes the following: (1) Information concerning the financial assist…

Sec. 12. The authority shall, if appropriate, require a participant receiving a loan or other financial assistance from the water infrastructure assistance fund to establish under applicable law and maintain sufficient user charges or other charges, fees, taxes, special assessmen…

Sec. 13. (a) As an alternative to making loans or providing other financial assistance to participants, the authority may use the money in the water infrastructure assistance fund to provide a leveraged loan program and other financial assistance programs to or for the benefit of…

Sec. 14. Notwithstanding any other law, money in the water infrastructure assistance fund, together with loan repayments to be deposited in the fund, may be used to establish a leveraged loan program or other financial assistance programs established in connection with the water …

Sec. 2. The water infrastructure assistance program is established. As added by P.L.189-2018, SEC.25.

Sec. 3. (a) The water infrastructure assistance fund is established as a source of money for grants, loans, and other financial assistance to, or for the benefit of, participants in the program. (b) The fund shall be administered, held, and managed by the authority. (c) The autho…

loans, and other financial assistance Sec. 4. (a) Money in the water infrastructure assistance fund may be used to do the following: (1) Provide grants, loans, and other financial assistance to or for the benefit of participants for: (A) the planning, designing, acquisition, cons…

Sec. 5. (a) The authority shall adopt guidelines to establish criteria for the making of grants, loans, and other financial assistance from the water infrastructure assistance fund. (b) The authority shall establish: (1) the interest rate; or (2) parameters for establishing the i…

Sec. 6. (a) The making of grants and loans and the providing of other financial assistance from the water infrastructure assistance fund to or for the benefit of participants under this chapter are subject to the following conditions: (1) A grant, loan, or other financial assista…

Sec. 7. (a) An application for a grant, loan, or other financial assistance from the water infrastructure assistance fund must be accompanied by all papers and opinions required by the authority. (b) The authority may require that an application for a loan or other financial assi…

costs, reports, and other requirements for loan or grant recipients Sec. 8. (a) To receive a loan, grant, or other financial assistance from the water infrastructure assistance fund, a participant: (1) must demonstrate that it has developed or is in the process of developing an a…

variables to be included Sec. 8.2. (a) The authority shall establish a project prioritization system for the purposes of awarding loans and grants from the water infrastructure assistance fund. The project prioritization system must be based on a model that includes at least the …

Sec. 8.4. The authority shall set aside forty percent (40%) of the water infrastructure assistance fund for purposes of providing grants, loans, and other financial assistance to or for the benefit of utilities serving less than three thousand two hundred (3,200) customers. As ad…

Sec. 8.6. The authority may provide services to a participant in connection with a loan or other financial assistance from the water infrastructure assistance fund, including advisory services and other services. As added by P.L.56-2019, SEC.8.

Sec. 9. (a) The authority may sell loans, evidences of other financial assistance, and other obligations evidencing the loans or other financial assistance from the water infrastructure assistance fund: (1) periodically; (2) at any price; and (3) on terms acceptable to the author…

subdivision; limitation; pledge of deposits in closed depository Sec. 1. (a) If the state or any political subdivision has public funds on deposit in a closed depository, the state or political subdivision may borrow an amount of money necessary for the proper conduct of the busi…

depository Sec. 2. A public servant is not liable for loss of public funds in any closed depository if the funds have been deposited in the manner required by this article. As added by P.L.19-1987, SEC.16. Amended by P.L.107-2011, SEC.2.

liability on bond Sec. 3. A public servant who violates the depository duties in this article is subject to IC 35-44.2-2-1. The public servant also is liable upon the public servant's official bond for any loss or damage that accrues. As added by P.L.19-1987, SEC.16. Amended by P…

As added by P.L.19-1987, SEC.16. Amended by P.L.107-2011, SEC.4. Repealed by P.L.126-2012, SEC.23.

inconsistent provisions void Sec. 1. (a) This chapter applies only to a public works contract awarded after June 30, 2015. (b) The provisions of an applicable public works statute shall be construed consistently with this chapter, but to the extent an applicable public works stat…

Sec. 2. The definitions in IC 5-16-13 apply throughout this chapter. As added by P.L.252-2015, SEC.13.

Sec. 3. A determination that a contractor is not responsible is final and conclusive, and subject to judicial review under IC 34-13-5. As added by P.L.252-2015, SEC.13.