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Indiana Statutes, Title 5

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Indiana/Statutes

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Title 5, STATE AND LOCAL ADMINISTRATION

393 chapters · 3,941 sections in this title.

All chapters in Title 53,941 Ch 2, Nonreverting Appropriations379 Ch 1, Bonds and Other Obligations Legalized367 Ch 4, Hospital Bonding Authorities295 Ch 5, Refunding Bonds Generally272 Ch 9, Refunding Bonds of Cities and Towns201 Ch 6, Revenue Bond Refinancing199 Ch 3, Facsimile Signatures on Obligations198 Ch 8, Judgment Funding Bonds of Counties176 Ch 7, Redemption Bonds of Counties and Tow…142 Ch 10, Funding and Refunding Bonds of Townships134 Ch 13, Disposition of Surplus Bond Proceeds100 Ch 11, Procedures for Selling Bonds91 Ch 12, Payment of Bond Premiums90 Ch 15, Fully Registered and Book Entry Obli…89

295 sections·Filtered byTitle 5✕Ch 4✕

Ind. Code § 5-26-4-1 Establishment; contents; investment; reversion; transfer of money to other funds
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Sec. 1. (a) The emergency communications fund is established to be used only to carry out the purposes of this article. The fund shall be administered by the department. (b) The fund consists of: (1) appropriations from the general assembly; (2) gifts; (3) federal grants; (4) fee…
Ind. Code § 5-26-4-2 Appropriation of money in fund
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Sec. 2. The money in the fund is annually appropriated as follows: (1) To the department, for its use, subject to the approval of the budget agency, in the acquisition, construction, equipping, operation, maintenance, and financing of the system and state user equipment for the s…
Ind. Code § 5-27-4-1 Prohibition against acceptance of central bank digital currency
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Sec. 1. A governmental body may not: (1) accept payment made with a central bank digital currency; or (2) require payment to be made with a central bank digital currency; for any service, tax, license, permit, fee, information, or other amount due the governmental body. As added …
Ind. Code § 5-27-4-2 Prohibition against administrative branch governmental body support for central bank digital currency

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Sec. 2. (a) This section applies to an administrative branch governmental body. (b) An administrative branch governmental body shall not advocate for or support the testing, adoption, or implementation of a central bank digital currency by the United States government. As added b…

Ind. Code § 5-28-4-1 Corporation governed by board

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Sec. 1. The corporation shall be governed by a board. As added by P.L.4-2005, SEC.34.

Ind. Code § 5-28-4-2 Membership

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Sec. 2. (a) The board is composed of the following members, none of whom may be members of the general assembly: (1) The governor. (2) Eleven (11) individuals appointed by the governor. (3) The members (if any) appointed by the governor under subsection (c). The individuals appoi…

Ind. Code § 5-28-4-3 Term of office

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Sec. 3. (a) The term of office of an appointed member of the board is four (4) years. (b) Each member holds office for the term of appointment and continues to serve after expiration of the appointment until a successor is appointed and qualified. A member is eligible for reappoi…

Ind. Code § 5-28-4-4 Chairperson

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Sec. 4. (a) Except as provided by subsection (b), the governor shall serve as chairperson of the board. (b) If the governor is unable to participate as chairperson for a meeting of the board, the governor may designate a member of the board appointed under section 2(a)(2) of this…

Ind. Code § 5-28-4-5 Per diem and expenses

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Sec. 5. The members of the board are entitled to a salary per diem for attending meetings equal to the per diem provided by law for members of the general assembly. The members of the board are also entitled to receive reimbursement for traveling expenses as provided under IC 4-1…

Ind. Code § 5-28-4-6 Quorum; proxy vote prohibited

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Sec. 6. (a) The following constitutes a quorum for the transaction of business by the board of the corporation: (1) Seven (7) members, if: (A) no additional members are appointed under section 2(c) of this chapter; or (B) one (1) additional member is appointed under section 2(c) …

Ind. Code § 5-28-4-7 Meetings

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Sec. 7. Meetings of the board shall be held at the call of the chairperson or whenever any six (6) voting members request a meeting. The members shall meet at least once every three (3) months to attend to the business of the board. As added by P.L.4-2005, SEC.34.

Ind. Code § 5-30-4-1 Membership

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Sec. 1. (a) Before entering into a design-build contract, a public agency must appoint a technical review committee of at least three (3) individuals. (b) The members of the technical review committee must include the following: (1) A representative of the public agency. (2) At l…

Ind. Code § 5-30-4-2 Conflict of interest

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Sec. 2. (a) A member of the technical review committee may not: (1) submit a proposal for; or (2) furnish design services or construction services under; the design-build contract. (b) The design-builder may not delegate or subcontract professional services or construction servic…

Ind. Code § 5-30-4-3 Duties and responsibilities

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Sec. 3. (a) The technical review committee shall do the following: (1) Qualify potential design-builders as provided in IC 5-30-5. (2) Rate and score qualitative proposals as provided in IC 5-30-6 and IC 5-30-7. (b) The technical review committee may interview persons submitting …

Ind. Code § 5-30-4-4 Open meetings

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Sec. 4. (a) Except as otherwise provided in this section, meetings of a technical review committee must be open to the public and subject to IC 5-14-1.5. (b) A meeting of a technical review committee convened for the purpose of interviewing persons submitting qualifications or pr…

Ind. Code § 5-32-4-1 Negotiation of CMc contract terms and conditions

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Sec. 1. After the public agency has selected an offeror to be the CMc, the public agency and that offeror may negotiate the final terms and conditions of the contract for CMc services for the project. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-2 CMc to provide payment and performance bonds; construction may not proceed without bonds

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Sec. 2. (a) Subject to this article, the CMc contract must require the CMc to provide payment and performance bonds in an amount not less than the estimated construction costs of the project or the GMP, as provided by the RFP. (b) Construction may not be performed until the CMc h…

Ind. Code § 5-32-4-3 Contract provisions; adjustment of compensation, other incentives

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Sec. 3. A CMc contract must describe the details of any adjustment of compensation or other incentives negotiated between the public agency and the CMc. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-4 Cost overrun or delay damages; early completion incentives

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Sec. 4. A CMc contract may describe whether the CMc and the public agency agree to any cost overrun or delay damages or early completion incentives. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-5 Changes to CMc contract

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Sec. 5. Changes in the contract for CMc services may be made as provided in the CMc contract. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-6 Termination of CMc contract

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Sec. 6. A public agency or CMc may terminate the CMc contract before the GMP has been determined, if the RFP provides for a GMP. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-7 Public agency options if CMc contract terminated or not executed

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Sec. 7. (a) If any of the following occur, the public agency may proceed as described in subsection (b): (1) The CMc contract is terminated under section 6 of this chapter. (2) The public agency and the selected offeror are unable to reach agreement on a CMc contract. (3) The sel…

Ind. Code § 5-32-4-8 Determination of GMP

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Sec. 8. A CMc contract may describe if and when the GMP will be determined. If a GMP is established, the contract must describe all clarifications and assumptions on which the GMP is based. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-33-4-1 Corporation governed by board

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Sec. 1. The Indiana destination development corporation board shall govern the corporation. As added by P.L.78-2019, SEC.5.

Ind. Code § 5-33-4-2 Membership

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Sec. 2. The board is composed of the following eight (8) members, none of whom may be members of the general assembly: (1) The governor or a designee of the governor. (2) The secretary of commerce or a designee of the secretary who is a full-time employee of the Indiana economic …

Ind. Code § 5-33-4-3 Ex officio members; voting; term of office

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Sec. 3. (a) A member who is an elected or appointed officer under section 2(1) or 2(2) of this chapter serves as an ex officio member of the board. (b) All members of the board are voting members. (c) Except as provided in subsection (d), the term of a member appointed under sect…

Ind. Code § 5-33-4-4 Chairperson

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Sec. 4. The governor or the designee of the governor is the board chair. As added by P.L.78-2019, SEC.5.

Ind. Code § 5-33-4-5 Quorum

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Sec. 5. (a) Five (5) members serving on the board constitute a quorum. (b) The affirmative vote of five (5) members serving on the board is required for the board to take official action. As added by P.L.78-2019, SEC.5. Amended by P.L.69-2023, SEC.3.

Ind. Code § 5-33-4-6 Director

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Sec. 6. The governor shall appoint the director of the corporation. As added by P.L.78-2019, SEC.5.

Ind. Code § 5-33-4-7 Director as executive and chief administrative officer

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Sec. 7. (a) The director of the corporation serves at the pleasure of the governor. (b) The director is the executive and chief administrative officer of the corporation. As added by P.L.78-2019, SEC.5.

Ind. Code § 5-33-4-8 Per diem and expenses

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Sec. 8. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and for other expenses actually incurred in…

Ind. Code § 5-10.1-4-1 Referenda

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Sec. 1. The governor may conduct separate referenda for each of the following retirement systems to determine whether the positions covered by the systems will be included in the agreement: (1) the Indiana state teachers' retirement fund; (2) the public employees' retirement fund…

Ind. Code § 5-10.1-4-2 Procedure for referenda

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Sec. 2. (a) Each referendum shall be conducted in compliance with section 218(d) of the Social Security Act. (b) The governor may designate the board or governing body administering the affairs of each retirement system, or the board of trustees in the case of state educational i…

Ind. Code § 5-10.1-4-3 Referenda for public employees' retirement fund

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Sec. 3. Referenda for Public Employees' Retirement Fund. (a) Separate referenda must be conducted for state employees and for employees of each participating political subdivision who are members of the public employees' retirement fund. (b) Members of the public employees' retir…

Ind. Code § 5-10.1-4-4 Effect of affirmative vote in referenda

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Sec. 4. Effect of Affirmative Vote in Referenda. (a) If a majority of the employees in a retirement system vote in the affirmative in the referendum, the governor shall: (1) certify to the secretary of health, education and welfare of the United States that the conditions prescri…

Ind. Code § 5-10.1-4-5 Effect of negative vote in referenda

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Sec. 5. Effect of Negative Vote in Referenda. (a) If in a referendum the vote of the majority is negative, no member of the retirement system may be included in a modification of the agreement. (b) A subsequent referendum may be conducted upon the request of the board or governin…

Ind. Code § 5-10.1-4-6 Effective date of modification

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Sec. 6. (a) The effective date of a modification of the agreement must be determined by resolution of the board of each of the following retirement systems: (1) The applicable pension system administered by the Indiana public retirement system. (2) Any retirement system establish…

Ind. Code § 5-10.2-4-0.1 Application of certain amendments to chapter

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Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made by P.L.45-1988 to STEP TWO of section 4(b) of this chapter (formerly section 4(a) of this chapter): (A) apply only to retirement benefits paid after March 3, 1988; and (B) do not require …

Ind. Code § 5-10.2-4-0.3 Consideration of certain claims for benefits

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Sec. 0.3. The board may consider a claim for benefits under section 6(a) of this chapter, as amended by P.L.22-1998, even if the disability of the member making the claim arose from events occurring after March 31, 1994, and before April 2, 1998. A benefit claim approved by the b…

Ind. Code § 5-10.2-4-1 Eligibility for normal and early retirement

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Sec. 1. (a) This subsection applies to: (1) members of the public employees' retirement fund who retire before July 1, 1995; and (2) members of the Indiana state teachers' retirement fund who retire before May 2, 1989. A member who has reached age sixty-five (65) and has at least…

Ind. Code § 5-10.2-4-1.3 Application procedure

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Sec. 1.3. (a) A member who files an application for retirement benefits must provide the following information on the application form: (1) The retirement date chosen by the member. (2) If the member has not elected to withdraw the entire amount in the member's annuity savings ac…

Ind. Code § 5-10.2-4-1.4 Direct deposit benefit notice

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Sec. 1.4. (a) This section applies to a member or a beneficiary of the fund who receives a monthly benefit by direct deposit. (b) The fund shall furnish to the member or beneficiary: (1) before each change in the amount of the member's or beneficiary's benefit; or (2) once every …

Ind. Code § 5-10.2-4-1.5 Estimated benefit payments

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Sec. 1.5. (a) A fund may calculate and pay an estimated retirement benefit of the pension portion to a member if: (1) the member has applied for a retirement benefit and has chosen a retirement date on which the retirement benefit is to begin; (2) the member's membership records …

Ind. Code § 5-10.2-4-1.7 Elected county official eligibility for normal retirement

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Sec. 1.7. (a) This section applies only to members of the public employees' retirement fund who retire after June 30, 2002. (b) A member is eligible for normal retirement after becoming sixty-five (65) years of age if the member: (1) has: (A) served as an elected county official …

Ind. Code § 5-10.2-4-1.9 Eligibility of certain state officers for normal retirement

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Sec. 1.9. (a) For purposes of this section, "state officer" means the secretary of state, state comptroller (referred to as "auditor of state" in the Constitution of the State of Indiana), and treasurer of state. (b) This section applies only to a member of the public employees' …

Ind. Code § 5-10.2-4-10 Benefits after reemployment

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Sec. 10. (a) This section applies only to a retired member of the public employees' retirement fund who, before July 1, 2013, begins a period of reemployment in a covered position more than thirty (30) days after the member's retirement. (b) Benefits provided under this section a…

Ind. Code § 5-10.2-4-2 Annuity or distribution benefits; choice of plans; payment of final contributions

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Sec. 2. (a) Unless a member elects otherwise under this section or has elected to withdraw the member's annuity savings account under IC 5-10.2-3-6.5, the retirement benefit for each member consists of the sum of a pension provided by employer contributions plus an annuity provid…

Ind. Code § 5-10.2-4-3 Average of the annual compensation

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Sec. 3. (a) This subsection applies to a member who retires before January 1, 2028. Except as provided in subsection (h), in computing the retirement benefit for a nonteacher member, "average of the annual compensation" means the average annual compensation calculated using the t…

Ind. Code § 5-10.2-4-3.1 Compensation from two or more employers; computation of average

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Sec. 3.1. For a member who receives annual compensation from two (2) or more employers, the average of the annual compensation shall be computed using the sum of the two (2) or more annual compensations if: (1) each of the employers and the member made all of the contributions re…

Ind. Code § 5-10.2-4-3.2 Compensation received in contemplation of retirement

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Sec. 3.2. (a) This section applies to the calculation of the average of the annual compensation under section 3 of this chapter for members who retire after December 31, 2027. (b) For purposes of this section, "compensation received in contemplation of retirement" means compensat…