Title 5, STATE AND LOCAL ADMINISTRATION

Sec. 2. (a) A contract awarded for a public work must provide for the payment of subcontractors, labor, suppliers of materials, and those performing service in connection with the public work. The contract must provide for the payment of subcontractors by withholding by the publi…

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.

Sec. 1. (a) Except as provided in section 2 of this chapter, every state agency and political subdivision shall pay a late payment penalty at a rate of one percent (1%) per month on amounts due on written contracts for public works, personal services, goods and services, equipmen…

Sec. 2. (a) Section 1 of this chapter does not apply to the following: (1) Interagency or intergovernmental transactions. (2) Amounts payable to employees or prospective employees of state agencies or political subdivisions as reimbursement for expenses. (3) Claims subject to a g…

Sec. 3. (a) The state comptroller shall pay a late payment penalty on behalf of any state agency required to pay late payment penalties under this chapter. The state comptroller shall pay the penalties from funds designated for administrative costs of the agency receiving the pub…

Sec. 4. (a) This section applies to contractors receiving late payment penalties under section 1 of this chapter. (b) A contractor who is unable to make timely payments to a subcontractor because of a state agency or political subdivision's failure to make timely payments to the …

Sec. 5. (a) The state comptroller shall prepare a list that: (1) identifies each state agency that has paid, or on whose behalf the state comptroller has paid, a late payment penalty under this chapter; and (2) states the sum paid by the agency or by the state comptroller on beha…

Sec. 1. As used in this chapter, "agency" means the agency or other entity that administers the affordable housing program under this chapter. As added by P.L.115-2000, SEC.1.

Sec. 15.5. (a) The governing body of an eligible entity that receives a grant under this chapter shall, by resolution, establish an affordable housing fund to be administered, subject to the terms of the resolution, by a department, a division, or an agency designated by the gove…

Sec. 16. An eligible entity must allocate at least fifty percent (50%) of the money received for the production, rehabilitation, or purchase of housing to the production, rehabilitation, or purchase of housing units to be occupied by very low income households. As added by P.L.11…

Sec. 17. An eligible entity must allocate at least fifty percent (50%) of the money received in program grants to a nonprofit corporation (as defined under Section 501(c) of the Internal Revenue Code), to a public housing authority (as defined in IC 36-7-18) or to a unit of gover…

Sec. 18. (a) An eligible entity shall establish an affordable housing fund advisory committee consisting of the following eleven (11) members: (1) One (1) member appointed by the executive of the eligible entity to represent the interests of low income families. (2) One (1) membe…

Sec. 2. As used in this chapter, "authority" means the Indiana housing and community development authority created by IC 5-20-1-3. As added by P.L.115-2000, SEC.1. Amended by P.L.1-2006, SEC.122; P.L.181-2006, SEC.40.

Sec. 3. As used in this chapter, "eligible entity" refers to a city, town, or county. As added by P.L.115-2000, SEC.1.

Sec. 4. As used in this chapter, "families" has the meaning set forth in 42 U.S.C. 1437a(b)(3)(B). As added by P.L.115-2000, SEC.1.

Sec. 6. As used in this chapter, "lower income families" has the meaning set forth in IC 5-20-4-5. As added by P.L.115-2000, SEC.1.

Sec. 8. The authority may provide grants and loans to eligible entities for programs that do any of the following: (1) Provide financial assistance to lower income families for the purchase of affordable housing in the form of grants, loans, and loan guarantees. (2) Provide rent …

Sec. 1. (a) A governmental body may adopt rules or establish policies for the preparation, maintenance, and content of specifications. (b) Rules or policies may include a description of requirements for inspecting, testing, or preparing an item for delivery. As added by P.L.49-19…

Sec. 2. A purchasing agent shall prepare, issue, revise, maintain, and monitor the use of specifications. As added by P.L.49-1997, SEC.1.

Sec. 3. A specification must do the following: (1) Promote overall economy for the purposes intended. (2) Encourage competition in satisfying the governmental body's needs. As added by P.L.49-1997, SEC.1.

Sec. 4. The purchasing agency shall maintain an indexed file of specifications prepared by or under the authority of its purchasing agents. As added by P.L.49-1997, SEC.1.

Sec. 5. (a) The procedure described in this section may be used by a purchasing agent when both of the following are satisfied: (1) The purchasing agent makes a written determination that the development of specifications by the governmental body is not feasible. (2) The executiv…

Sec. 6. (a) This section does not apply to a political subdivision. (b) As used in this section, "biodegradation" means the conversion of all constituents of a plastic into miscellaneous component parts by the microbial action of fungi and bacteria upon natural materials such as …

Sec. 7. (a) This section does not apply to a political subdivision. (b) A governmental body purchasing paper products shall purchase recycled paper products if all of the following apply: (1) Recycled paper products are available at the time of a purchase. (2) It is economically …

Sec. 8. (a) This section does not apply to a political subdivision, except a school corporation (as defined in IC 20-18-2-16(a)). (b) As used in this section, "blended biodiesel" refers to a blend of biodiesel with petroleum diesel so that the percentage of biodiesel in the blend…

Sec. 8.5. (a) As used in this section, "clean energy vehicle" means any of the following: (1) A vehicle that operates on one (1) or more of the following energy sources: (A) A rechargeable energy storage system. (B) Hydrogen. (C) Compressed air. (D) Compressed or liquid natural g…

Sec. 9. (a) This section applies to a purchase of supplies by any of the following: (1) A governmental body. (2) A state educational institution. (b) As used in this section, "biobased product" refers to an item designated by the United States Department of Agriculture as a bioba…

Sec. 1. Any public-private agreement contemplated by this chapter must require the governmental body to request proposals under this chapter before entering into the public-private agreement. As added by P.L.49-1997, SEC.34.

Sec. 10. (a) The proposals and a written explanation of the basis upon which the recommendation is being made shall be delivered to the board and made available for inspection and copying in accordance with IC 5-14-3 at least seven (7) days before the hearing scheduled under sect…

Sec. 11. After the procedures required in this chapter have been completed, the board shall make a determination as to the most appropriate response to the request for proposals and may award the public-private agreement to the successful offeror or offerors. As added by P.L.49-1…

Sec. 12. If the request for proposal process is terminated under section 8 of this chapter, all proposals may, at the option of the governmental body, be returned to the offerors, and the governmental body may refuse to disclose the contents of the offers. As added by P.L.49-1997…

Sec. 2. Proposals for public-private agreements shall be solicited through a request for proposals, which must include the following: (1) The factors or criteria that will be used in evaluating the proposals. (2) A statement concerning the relative importance of price and the oth…

Sec. 3. Notice of the request for proposals shall be given by publication in accordance with IC 5-3-1. As added by P.L.49-1997, SEC.34.

Sec. 4. As provided in the request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. As added by P.L.49-1997, SEC.34.

Sec. 5. Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of proposals. As added by P.L.49-1997, SEC.34.

Sec. 6. The governmental body may refuse to disclose the contents of proposals during discussions with eligible offerors. As added by P.L.49-1997, SEC.34.

Sec. 7. The governmental body shall negotiate the best and final offers of responsible offerors who submit proposals that are determined to be reasonably susceptible of being selected for a public-private agreement. As added by P.L.49-1997, SEC.34.

Sec. 8. After the best and final offers from responsible offerors have been negotiated under section 7 of this chapter, the governmental body shall either make a recommendation to the board to award the public-private agreement to an offeror or offerors or shall terminate the req…

Sec. 9. If a recommendation to award the public-private agreement is made to the board, the board shall schedule a public hearing on the recommendation and publish notice of the hearing one (1) time in accordance with IC 5-3-1 at least seven (7) days before the hearing. The notic…

Sec. 1. As used in this chapter, "communications system infrastructure" means all or part of the infrastructure of the system described in IC 5-26-3, including: (1) towers and the associated land, improvements, foundations, access roads and rights-of-way, structures, fencing, and…

Sec. 2. As used in this chapter, "construction" means the erection, renovation, refurbishing, or alteration of all or any part of buildings, improvements, or other structures, including installation of fixtures or equipment, landscaping of grounds, site work, and providing for ot…

Sec. 3. As used in this chapter, "infrastructure fund" refers to the communications system infrastructure fund. As added by P.L.123-2002, SEC.14.

Sec. 4. The communications system infrastructure fund is established for the purpose of providing communications system infrastructure. The infrastructure fund consists of distributions received under IC 5-26-4-1(e). As added by P.L.123-2002, SEC.14.

Sec. 5. The infrastructure fund shall be administered by the department. The treasurer of state shall invest the money in the infrastructure fund not currently needed to meet the obligations of the infrastructure fund in the same manner as other public funds may be invested. As a…

Sec. 6. Money in the infrastructure fund at the end of a state fiscal year does not revert to the state general fund. As added by P.L.123-2002, SEC.14.

Sec. 7. The department may use the money in the infrastructure fund only to pay the following: (1) The cost of construction of communications system infrastructure. (2) The cost of acquisition or leasing of all real or personal property required for the construction of communicat…