Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

Sec. 73. " State facility", for purposes of IC 5-1.2-5, means all or any part of one (1) or more buildings, structures, or improvements (whether new or existing), or parking areas (whether surface or an above or below ground parking garage or garages), owned or leased by the auth…

Sec. 74. "Storm water management program" means a program that is consistent with the requirements in: (1) 40 CFR 122.26(d)(2)(iv) for a proposed management program; or (2) 40 CFR 122.34 for a storm water management program. As added by P.L.189-2018, SEC.25.

Sec. 75. "Supplemental fund" refers to the supplemental drinking water and wastewater assistance fund established by IC 5-1.2-11. As added by P.L.189-2018, SEC.25.

Sec. 76. "Supplemental program" refers to the supplemental drinking water and wastewater assistance program established by IC 5-1.2-11. As added by P.L.189-2018, SEC.25.

Sec. 77. "Taxable bonds" means bonds, the interest on which will not be excluded from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Sec. 78. "Tax exempt bonds" means bonds, the interest on which is excludable from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Sec. 79. "User" means a person who has entered into a financing agreement with the authority or lender or a contract for use with the developer or lender in contemplation of the person's use of an economic development project. As added by P.L.189-2018, SEC.25.

Sec. 8. "Carryforward election", for purposes of IC 5-1.2-16, means a carryforward election of a part of the volume cap made under the authority of Section 146(f) of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Sec. 80. "Volume cap", as it relates to a year, means the maximum dollar amount of bonds that may be issued by issuers within that year under Section 146 of the Internal Revenue Code. As added by P.L.189-2018, SEC.25.

Sec. 81. "Wastewater program" refers to the wastewater revolving loan program established by IC 5-1.2-10. As added by P.L.189-2018, SEC.25.

Sec. 82. "Wastewater SRF fund" refers to the wastewater revolving loan fund established by IC 5-1.2-10. As added by P.L.189-2018, SEC.25.

Sec. 83. "Water infrastructure assistance program" refers to the water infrastructure assistance program established by IC 5-1.2-14. As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.11.

Sec. 84. "Water infrastructure grant program" refers to the water infrastructure grant program established by IC 5-1.2-14.5. As added by P.L.154-2021, SEC.6.

Sec. 9. "Clean Water Act" refers to: (1) 33 U.S.C. 1251 et seq., and laws supplemental and ancillary to 33 U.S.C. 1251 et seq.; and (2) regulations adopted under 33 U.S.C. 1251 et seq., and laws supplemental and ancillary to these regulations. As added by P.L.189-2018, SEC.25.…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.189-2018, SEC.26.

Sec. 10. "Obligations" means bonds, loan contracts, notes, bond anticipation notes, commercial paper, leases, lease-purchases, installment purchases, certificates of participation in agreements or programs, other evidences of indebtedness, or other agreements or purchasing progra…

Sec. 12. "Political subdivision" has the meaning set forth in IC 36-1-2-13, but does not include a township. As added by P.L.189-2018, SEC.26.

Sec. 13. "Property owner" means all individuals, copartnerships, associations, governmental units or entities, corporations, limited liability companies, or other legal entities having any title or interest in any land, rights-of-way, property, rights, easements, or legal or equi…

Sec. 14. "Rail project" refers only to a rail project as defined in IC 36-7.5-1-13.5 and includes all land, rights-of-way, property, rights, easements, materials, and legal or equitable interests that may be acquired by the IFA, the NWIRDA, or the NICTD for the construction of th…

Sec. 15. "Unit" has the meaning set forth in IC 36-1-2-23, but does not include a township. As added by P.L.189-2018, SEC.26.

Sec. 2. "Bonds" refers to bonds of: (1) the IFA issued under IC 5-1.3-6; or (2) the NWIRDA issued under IC 5-1.3-6. As added by P.L.189-2018, SEC.26.

Sec. 3. "Capitalized interest" means interest cost on bonds or notes before and during the period of construction of the rail project for which the bonds or notes were issued, and for a period not to exceed two (2) years after completion of construction. As added by P.L.189-2018,…

Sec. 4. "Construction" means constructing, acquiring, renovating, rehabilitating, reconstructing, improving, extending, and equipping a rail project. As added by P.L.189-2018, SEC.26.

Sec. 5. "Costs" as applied to any rail project, includes any item or cost incurred in the construction of a rail project, including: (1) the cost of construction; (2) the cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or equitable…

Sec. 6. "IFA" refers to the Indiana finance authority established by IC 5-1.2-3. As added by P.L.189-2018, SEC.26.

Sec. 7. "NICTD" refers to the northern Indiana commuter transportation district established under IC 8-5-15. As added by P.L.189-2018, SEC.26.

Sec. 8. "Notes" refers to notes of the IFA or the NWIRDA issued under IC 5-1.3-6 and includes any evidences of indebtedness of the IFA or the NWIRDA, including notes issued in anticipation of the receipt of grant proceeds from the federal government, but does not include bonds. A…

Sec. 9. "NWIRDA" refers to the northwest Indiana regional development authority established under IC 36-7.5-2-1. As added by P.L.189-2018, SEC.26.

purpose Sec. 1. (a) In a city there is established a local public improvement bond bank, to be known as "The ____________ (name of city) __________ Local Public Improvement Bond Bank", for: (1) the public purposes set out in this article; and (2) in the case of a city described i…

Sec. 1.5. The general assembly finds that the establishment of a local public improvement bond bank in a city described in IC 5-1.4-1-5(3): (1) is necessary as a result of: (A) unique sources of revenues available to the city in relation to its budget; (B) extraordinary needs for…

vacancy Sec. 2. (a) There is established a board of directors to govern the bank. The powers of the bank are vested in this board. (b) The board is composed of five (5) directors appointed by the mayor of the city. (c) Each of the five (5) directors appointed by the mayor: (1) mu…

Sec. 3. The board shall do the following: (1) Elect from its membership a chairman and a vice chairman. (2) Appoint and fix the duties and compensation of an executive director, who shall serve as both secretary and treasurer. The executive director may be the fiscal officer of t…

Sec. 4. Three (3) directors constitute a quorum at any meeting of the board. As added by P.L.42-1985, SEC.1.

Sec. 5. Action may be taken by the board at a meeting by the affirmative vote of at least three (3) directors. A vacancy on the board does not impair the right of a quorum of directors to exercise the powers and perform the duties of the board. As added by P.L.42-1985, SEC.1.

Sec. 6. (a) Each director and the executive director must execute a surety bond in an amount specified by the legislative body of the city. Each surety bond shall be conditioned upon the faithful performance of the duties of the office of director and executive director, respecti…

contract Sec. 7. (a) Notwithstanding any other law to the contrary, a director does not violate any law, civil or criminal, if the director: (1) has, or to the director's knowledge may have or may later acquire, a direct or indirect pecuniary interest in a contract with the bank;…

Sec. 8. Neither a director nor a person executing bonds or notes issued under this article is liable personally on the bonds or notes. As added by P.L.42-1985, SEC.1.

Sec. 9. (a) The executive director appointed under section 3 of this chapter shall, in addition to other duties fixed by the directors: (1) administer, manage, and direct the employees of the bank; (2) approve all amounts for salaries, allowable expenses of the bank or of any emp…

Sec. 1. As used in this chapter: "Criminal action" means a prosecution initiated in the name of the state of Indiana against an accused alleging the commission of a felony or misdemeanor. "Criminal proceedings" means court proceedings in a criminal action after the arrest of an a…

Sec. 2. Criminal proceedings are presumptively open to attendance by the general public. As added by Acts 1982, P.L.40, SEC.1.

Sec. 3. No court may order the exclusion of the general public from any criminal proceeding, or part of a criminal proceeding, unless it first affords the parties and the general public a meaningful opportunity to be heard on the issue of any proposed exclusion. As added by Acts …

Sec. 4. Whenever any motion to exclude the general public from a criminal proceeding is filed with a court, or if a court proposes to issue such an exclusion order on its own, the court must set a hearing date on the motion or proposed order. The hearing date shall be set suffici…

Sec. 5. The court shall notify the parties of the hearing date and shall notify the general public by posting a copy of the hearing notice at a place within the confines of the court accessible to the general public. As added by Acts 1982, P.L.40, SEC.1. IC 5-14-2-6 Hearing proce…

Sec. 7. This chapter does not affect the inherent power of a court to make limited exclusions of witnesses, to relieve overcrowding, to protect the order and decorum of the courtroom, or to exclude those individuals whose presence constitutes a direct threat to the safety of the …

Sec. 8. (a) Any party or member of the general public aggrieved by the ruling of the court on the issue of exclusion of the general public from a criminal proceeding has the right to bring an original action before the supreme court of Indiana under the Rules of Procedure for Ori…

Sec. 1. There is established the Indiana bond bank, a separate body corporate and politic, constituting an instrumentality of the state for the public purposes set out in this article, but not a state agency. The bank is separate from the state in its corporate and sovereign capa…

As added by P.L.5-1996, SEC.5. Repealed by P.L.177-2011, SEC.5.

appointment; vacancy Sec. 2. (a) There is established a board of directors to govern the bank. The powers of the bank are vested in this board. (b) The board is composed of: (1) the treasurer of state, who shall be the chairman ex officio, or the treasurer of state's designee; (2…

As added by P.L.38-1988, SEC.2. Repealed by P.L.134-2012, SEC.5. IC 5-1.5-2-3 Duties of board Sec. 3. The board shall: (1) elect one (1) of its members vice chairman; (2) appoint and fix the duties and compensation of an executive director, who shall serve as both secretary and t…

Sec. 4. Four (4) directors constitute a quorum at any meeting of the board. As added by P.L.25-1984, SEC.1. Amended by P.L.38-1988, SEC.3.