Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION
355 chapters · 3,747 sections in this title.
Ind. Code § 5-1.2-5-2 Facilities for state agencies; request; findings; authorization
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Sec. 2. At the request of the department of administration, the authority may provide for facilities for state agencies or branches of state government if the general assembly, by statute: (1) finds that the state needs renovation, refurbishing, or alteration of existing faciliti…
Ind. Code § 5-1.2-5-3 Authorization to transfer real property; department of
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administration Sec. 3. To accomplish the governmental purposes of this chapter, the department of administration or applicable state agency may convey, transfer, or sell, with or without consideration, real property (including the buildings, structures, and improvements), title t…
Ind. Code § 5-1.2-5-4 Department of administration; contracts with the authority;
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state facility projects Sec. 4. The department of administration may enter into a contract with the authority to renovate, refurbish, or alter a state facility owned by the state without advertising or soliciting bids or proposals under IC 4-13.6 or IC 5-22. However, in accomplis…
Ind. Code § 5-1.2-5-5 Authority may borrow money
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Sec. 5. The authority may borrow money from the public deposits insurance fund, a bank, an insurance company, an investment company, or any other person to carry out this chapter. The authority shall negotiate the terms of the loan contract. As added by P.L.189-2018, SEC.25. IC 5…
Ind. Code § 5-1.2-5-7 Authority may enter into contracts; exempt from certain rules
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Sec. 7. Except for persons the authority considers necessary to prepare complete plans and specifications necessary for bidding for construction, the authority may not enter into: (1) a contract for the performance of work, other than a contract of employment with a professional …
Ind. Code § 5-1.2-5-8 Approval of plans; department of administration
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Sec. 8. (a) The authority shall consider economy of operation to the extent practicable in preparing and approving plans and specifications. The authority shall present plans and specifications for a state facility for approval to the department of administration and: (1) if the …
Ind. Code § 5-1.2-5-9 Allocation of space; department of administration; department
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of correction Sec. 9. Except with respect to a correctional facility, the department of administration shall allocate space in each state facility to state agencies and departments of state government. The department of correction shall allocate space in correctional facilities u…
Ind. Code § 5-1.3-5-1 Authorization to enter into leases
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Sec. 1. (a) In addition to its other powers, the IFA may enter into a lease or leases with the NWIRDA under this chapter for any or all of the purposes set forth in this article. (b) The IFA and the NWIRDA have all the powers necessary and incidental to carry out the terms and co…
Ind. Code § 5-1.3-5-10 Transfer of rail project upon payment of obligation in full
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Sec. 10. The IFA shall certify to the NWIRDA and the NICTD that all bonds, notes issued, and leases or other obligations entered into with respect to the rail project or rail projects have been paid to their final maturity. At that time, the rail project or rail projects shall be…
Ind. Code § 5-1.3-5-2 Lease provisions
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Sec. 2. (a) If lease rental payments under a lease from the IFA to the NWIRDA are payable in whole or in part from state appropriations, a lease entered into under this chapter must include the following: (1) A statement that the term of the lease is for a period coextensive with…
Ind. Code § 5-1.3-5-3 Transfers, leases, and leasebacks
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Sec. 3. The NWIRDA may sell, transfer, or convey by any means any rail project to the IFA through negotiation of a lease. The NWIRDA may lease any existing rail project system or property under its control to the IFA for construction of a rail project. The rail project may be lea…
Ind. Code § 5-1.3-5-4 Payment of lease rentals and securing bonds
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Sec. 4. The NWIRDA shall pay lease rentals for leases entered into under this chapter and securing bonds issued under IC 5-1.3-6 from revenues deposited in a separate fund established under IC 36-7.5-4-1. As added by P.L.189-2018, SEC.26.
Ind. Code § 5-1.3-5-5 Lease terms
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Sec. 5. (a) Before a lease may be entered into by the NWIRDA under this chapter, the NWIRDA must find that the lease rental provided for is fair and reasonable. (b) A lease of a rail project from the IFA to the NWIRDA: (1) may not have a term exceeding forty (40) years; (2) may n…
Ind. Code § 5-1.3-5-6 Complete authority
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Sec. 6. This chapter contains full and complete authority for leases between the IFA and the NWIRDA. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the IFA or the NWIRDA or any other officer, department, agency, or instrumentality o…
Ind. Code § 5-1.3-5-7 Additional authorization
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Sec. 7. (a) The NWIRDA may lease for a nominal lease rental, or sell to the IFA, one (1) or more rail projects or portions of a rail project or land upon which a rail project is located or is to be constructed. (b) Any lease of all or a portion of a rail project by the NWIRDA to …
Ind. Code § 5-1.3-5-9 Ground, operating, and maintenance leases
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Sec. 9. This chapter contains full and complete authority for ground, operating, or maintenance leases of any kind between the NWIRDA and the NICTD. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the NWIRDA or the NICTD or any other…
Ind. Code § 5-13-5-0.3 P.L.19-1987 restatement of law affecting public deposit
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insurance fund and the board for depositories Sec. 0.3. (a) P.L.19-1987 is intended to restate the law affecting the public deposit insurance fund and the board for depositories. The substantive operation of the public deposit insurance fund and the board for depositories, establ…
Ind. Code § 5-13-5-1 Cashbook; duties of public officers; public inspection
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Sec. 1. (a) Every public officer who receives or distributes public funds shall: (1) keep a cashbook into which the public officer shall enter daily, by item, all receipts of public funds; and (2) balance the cashbook daily to show funds on hand at the close of each day. (b) The …
Ind. Code § 5-13-5-2 Application of section to public funds other than state funds;
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warrants for payment of public funds; copy of warrant; disposition of warrant Sec. 2. (a) This section applies to public funds other than state funds. In all political subdivisions where the fiscal officer and investing officer are two (2) separate individuals by law, all warrant…
Ind. Code § 5-13-5-3 Drawing warrant
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Sec. 3. All warrants for the payment of public funds of the state shall be drawn by the auditor of state on the treasurer of state. As added by P.L.19-1987, SEC.7.
Ind. Code § 5-13-5-4 Signature of authorized public officers on check or negotiable
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order of withdrawal; purposes Sec. 4. (a) All checks or negotiable orders of withdrawal drawn upon depositories shall be signed by public officers authorized to sign the check or negotiable order of withdrawal in the officer's official capacity. All funds paid out of the state tr…
Ind. Code § 5-13-5-5 Transacting business with financial institution or public
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retirement fund through use of electronic funds transfer; ordinance or resolution Sec. 5. (a) The fiscal body of any political subdivision may by ordinance or resolution authorize the proper legal officers of the political subdivision to transact the political subdivision's busin…
Ind. Code § 5-13-5-6 Financial institution continuation qualification as depository
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Sec. 6. (a) A financial institution that is a depository for the state on March 21, 1996, and any successor financial institution, continues to be a depository for the state after March 21, 1996, without reapplying under IC 5-13-10.5, until the earliest of the following occurs: (…
Ind. Code § 5-1.4-5-1 Establishment and maintenance of reserve fund; application of
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funds; required debt service reserve; excess money Sec. 1. (a) The board may establish and maintain a reserve fund for each issue of bonds or notes in which there shall be deposited or transferred: (1) all proceeds of bonds or notes required to be deposited in the fund by terms o…
Ind. Code § 5-1.4-5-2 Investment of funds
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Sec. 2. Money in any reserve fund may be invested in the manner provided by IC 5-1.4-3-3. As added by P.L.42-1985, SEC.1. Amended by P.L.29-1986, SEC.15.
Ind. Code § 5-1.4-5-3 Valuation of investments
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Sec. 3. For purposes of valuation, investments in the reserve fund shall be valued at par or, if purchased at less than par, at cost unless otherwise provided by resolution or trust agreement of the bank. Valuation on a particular date shall include the amount of interest then ea…
Ind. Code § 5-1.4-5-4 Required debt service reserve; appropriation to assure
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maintenance; application of funds; excess money Sec. 4. (a) In order to assure the maintenance of the required debt service reserve in any reserve fund, the legislative body of the city may annually appropriate to the bank for deposit in one (1) or more of the funds the sum, cert…
Ind. Code § 5-1.4-5-5 Combining reserve funds
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Sec. 5. Subject to the provisions of any agreement with its holders, the bank may combine the reserve fund established for each issue of bonds or notes into one (1) or more reserve funds. As added by P.L.42-1985, SEC.1. Amended by P.L.29-1986, SEC.17.
Ind. Code § 5-14-5-1 "Counselor" defined
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Sec. 1. As used in this chapter, "counselor" refers to the public access counselor appointed under IC 5-14-4-6. As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
Ind. Code § 5-14-5-10 Priority of complaints
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Sec. 10. (a) If the counselor determines that a complaint has priority, the counselor shall issue an advisory opinion on the complaint not later than seven (7) days after the complaint is filed. (b) The counselor shall adopt rules under IC 4-22-2 establishing criteria for complai…
Ind. Code § 5-14-5-11 Form of complaint
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Sec. 11. The public access counselor shall determine the form of a formal complaint filed under this chapter. As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
Ind. Code § 5-14-5-12 Statute of limitations
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Sec. 12. The filing of a formal complaint under this chapter does not delay the running of a statute of limitation that applies to a lawsuit under IC 5-14-1.5 or IC 5-14-3 concerning the subject matter of the complaint. As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
Ind. Code § 5-14-5-2 "Person" defined
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Sec. 2. As used in this chapter, "person" means an individual, a business, a corporation, an association, or an organization. The term does not include a public agency. As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
Ind. Code § 5-14-5-3 "Public agency" defined
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Sec. 3. As used in this chapter, "public agency" has the meaning set forth in: (1) IC 5-14-1.5-2, for purposes of matters concerning public meetings; and (2) IC 5-14-3-2, for purposes of matters concerning public records. As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.…
Ind. Code § 5-14-5-4 Complaint not required to file action
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Sec. 4. A person or a public agency is not required to file a complaint under this chapter before filing an action under IC 5-14-1.5 or IC 5-14-3. As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
Ind. Code § 5-14-5-5 Cooperation from public agencies
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Sec. 5. A public agency shall cooperate with the counselor in any investigation or proceeding under this chapter. As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
Ind. Code § 5-14-5-6 Grounds for complaint
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Sec. 6. A person or a public agency denied: (1) the right to inspect or copy records under IC 5-14-3; (2) the right to attend any public meeting of a public agency in violation of IC 5-14-1.5; or (3) any other right conferred by IC 5-14-3 or IC 5-14-1.5 or any other state statute…
Ind. Code § 5-14-5-7 Time for filing complaint
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Sec. 7. (a) A person or a public agency that chooses to file a formal complaint with the counselor must file the complaint not later than thirty (30) days after: (1) the denial; or (2) the person filing the complaint receives notice in fact that a meeting was held by a public age…
Ind. Code § 5-14-5-8 Complaint forwarded to public agency
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Sec. 8. When the counselor receives a complaint under section 7 of this chapter, the counselor shall immediately forward a copy of the complaint to the public agency that is the subject of the complaint. As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
Ind. Code § 5-14-5-9 Advisory opinion
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Sec. 9. Except as provided in section 10 of this chapter, the counselor shall issue an advisory opinion on the complaint not later than thirty (30) days after the complaint is filed. As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
Ind. Code § 5-1.5-5-1 Establishment; application of funds; required debt service
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reserve; excess money Sec. 1. (a) The board may establish and maintain a reserve fund for each issue of bonds or notes in which there shall be deposited or transferred: (1) all money appropriated by the general assembly for the purpose of the fund in accordance with section 4(a) …
Ind. Code § 5-1.5-5-2 Investment of funds
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Sec. 2. Money in any reserve fund may be invested in the manner provided in IC 5-1.5-3-3. As added by P.L.25-1984, SEC.1. Amended by P.L.43-1985, SEC.19.
Ind. Code § 5-1.5-5-3 Valuation of investments
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Sec. 3. For purposes of valuation, investments in the reserve fund shall be valued at par, or if purchased at less than par, at cost unless otherwise provided by resolution or trust agreement of the bank. Valuation on a particular date shall include the amount of interest then ea…
Ind. Code § 5-1.5-5-4 Required debt service reserve; resolution concerning
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appropriations; excess funds; budget committee review; default Sec. 4. (a) Except as provided in subsection (c), and in order to assure the maintenance of the required debt service reserve in any reserve fund, a resolution authorizing the bank to issue bonds or notes may include …
Ind. Code § 5-1.5-5-5 Combining reserve funds
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Sec. 5. Subject to the provisions of any agreement with its holders, the bank may combine a reserve fund established for an issue of bonds or notes into one (1) or more reserve funds. As added by P.L.25-1984, SEC.1. Amended by P.L.43-1985, SEC.22. IC 5-1.5-5-6 Certain qualified e…
Ind. Code § 5-16-5-0.4 "Person"
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Sec. 0.4. As used in this chapter, "person" includes a natural person, firm, limited liability company, or corporation. As added by P.L.75-2012, SEC.4.
Ind. Code § 5-16-5-0.5 "Public body"
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Sec. 0.5. As used in this chapter, "public body" refers to a board, commission, trustee, officer, or agent acting on behalf of the state or a commission created by law. As added by P.L.75-2012, SEC.5.
Ind. Code § 5-16-5-0.6 "Public work"
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Sec. 0.6. As used in this chapter, "public work" refers to the construction, erection, alteration, or repair of a public building, public improvement, or other public work, the cost of which is paid for by funds derived from taxation. The term includes all roads, highways, street…
Ind. Code § 5-16-5-1 Withholding final payments; filing claims for payment; release
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of surety Sec. 1. (a) Except as otherwise provided in this chapter, when a public work is performed under contract at the expense of the state or a commission created by law, the public body shall withhold final payment to the contractor until the contractor has paid to: (1) all …
Ind. Code § 5-16-5-2 Payment bonds; payment provisions in contracts; statements of
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amount due; suits on bond; application of statute to bonds and claims on state highway projects; waiver of bond requirements for certain state educational institution projects Sec. 2. (a) A contract awarded for a public work must provide for the payment of subcontractors, labor, …