Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION
355 chapters · 3,747 sections in this title.
Ind. Code § 5-13-4-2 "Board for depositories"
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Sec. 2. "Board for depositories" refers to the board established under IC 5-13-12. As added by P.L.19-1987, SEC.6.
Ind. Code § 5-13-4-20 "Public funds"
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Sec. 20. "Public funds" means all fees and funds of whatever kind or character coming into the possession of any public officer by virtue of that office. The term does not include: (1) support payments made to the clerk of a circuit court under IC 31-16-9 (or IC 31-1-11.5-13 befo…
Ind. Code § 5-13-4-21 "Public officer"
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Sec. 21. "Public officer" means any person elected or appointed to any office of the state or any political subdivision. "Public officer" includes an officer of all boards, commissions, departments, institutions, and other bodies established by law to function as a part of the go…
Ind. Code § 5-13-4-21.3 "Public servant"
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Sec. 21.3. "Public servant" has the meaning set forth in IC 35-31.5-2-261. As added by P.L.107-2011, SEC.1. Amended by P.L.114-2012, SEC.14.
Ind. Code § 5-13-4-21.5 "Repurchase agreement"
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Sec. 21.5. "Repurchase agreement" has the meaning set forth in IC 5-13-9-3. As added by P.L.18-1996, SEC.3.
Ind. Code § 5-13-4-22 "State board of finance"
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Sec. 22. "State board of finance" refers to the board established by IC 4-9.1. As added by P.L.19-1987, SEC.6.
Ind. Code § 5-13-4-23 "Statement of condition"
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Sec. 23. "Statement of condition" means the statement filed by each financial institution with its governmental supervisory body. As added by P.L.19-1987, SEC.6.
Ind. Code § 5-13-4-24 "Transaction account"
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Sec. 24. "Transaction account" means any deposit account other than a certificate of deposit. As added by P.L.18-1996, SEC.4.
Ind. Code § 5-13-4-3 Repealed
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As added by P.L.19-1987, SEC.6. Repealed by P.L.18-1996, SEC.33.
Ind. Code § 5-13-4-4 "Closed depository"
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Sec. 4. "Closed depository" includes: (1) a financial institution the business and property of which the department of financial institutions has taken possession of under IC 28-1-3.1 for the purpose of liquidation; (2) a financial institution the business and property of which t…
Ind. Code § 5-13-4-5 "Credit enhancement"
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Sec. 5. "Credit enhancement" means any letter of credit, insurance, guarantee, or other credit enhancement issued by an issuer approved by the board for depositories, which is used to secure debt or leasehold financing for an industrial development obligation. As added by P.L.19-…
Ind. Code § 5-13-4-7 "Deposit accounts"
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Sec. 7. Except as provided in IC 5-13-9-5.3, "deposit accounts" means any of the following: (1) Any account subject to withdrawal by negotiable orders of withdrawal, unlimited as to amount or number, and without penalty, including NOW accounts. (2) Passbook savings accounts. (3) …
Ind. Code § 5-13-4-8 "Depository"
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Sec. 8. "Depository" refers to a financial institution designated as a depository of public funds under this article. As added by P.L.19-1987, SEC.6.
Ind. Code § 5-13-4-9 "Electronic funds transfer"
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Sec. 9. "Electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or …
Ind. Code § 5-1.4-4-1 Bonds or notes; purposes; general obligation of bank;
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additional security Sec. 1. (a) The bank may issue its bonds or notes in principal amounts that it considers necessary to provide funds for any purposes under this article, including: (1) the purchase of securities; (2) the payment, funding, or refunding of the principal of, or i…
Ind. Code § 5-1.4-4-10 Purchase of securities; documentation
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Sec. 10. All securities purchased, held, or owned by the bank, upon delivery to the bank, must be accompanied by all documentation required by the board. As added by P.L.42-1985, SEC.1.
Ind. Code § 5-1.4-4-2 Nature of bonds or notes; state pledge and agreement
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Sec. 2. (a) A bond or note of the bank: (1) is not a debt, liability, loan of the credit, or pledge of the faith and credit of any qualified entity; (2) is payable solely from the money pledged or available for its payment under this article, unless funded or refunded by bonds or…
Ind. Code § 5-1.4-4-3 Negotiability of bonds and notes
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Sec. 3. The bonds and notes of the bank are negotiable instruments for all purposes of the Uniform Commercial Code (IC 26-1), subject only to the provisions of the bonds and notes for registration. As added by P.L.42-1985, SEC.1.
Ind. Code § 5-1.4-4-4 Authorization; issuance in series; requirements; consent of city
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or state agency Sec. 4. (a) Bonds or notes of the bank must be authorized by resolution of the board, may be issued in one (1) or more series, and must: (1) bear the date; (2) mature at the time or times; (3) bear interest at the rate or rates of interest or within a maximum rate…
Ind. Code § 5-1.4-4-5 Resolution authorizing issuance; adoption; action to set aside
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resolution Sec. 5. Upon the adoption of a resolution authorizing the issuance of bonds or notes, any action or proceeding in any court to set aside the resolution authorizing the issuance of bonds or notes of the bank under this article or to obtain any relief upon the ground tha…
Ind. Code § 5-1.4-4-6 Public or private sale; notice
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Sec. 6. Bonds or notes of the bank may be sold at public or private sale at the price the board determines. If bonds or notes of the bank are to be sold at public sale, the bank shall follow IC 5-1-11 and shall publish notice of the sale as required by IC 5-3-1 for the sale of bo…
Ind. Code § 5-1.4-4-7 Issuance of notes; payment of principal or interest
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Sec. 7. The bank may from time to time issue its notes under this article and pay and retire the principal of the notes or pay the interest due thereon or fund or refund the notes from proceeds of bonds or of other notes or from other funds or money of the bank available for that…
Ind. Code § 5-1.4-4-8 Trust agreement as security; provisions of trust agreement or
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resolution; expenses Sec. 8. (a) Any bonds or notes issued under this chapter may be secured by the board by a trust agreement by and between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state…
Ind. Code § 5-1.4-4-9 Purchase of bonds or notes of bank; disposition
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Sec. 9. The bank may purchase bonds or notes of the bank out of its funds or money available for the purchase of its own bonds and notes. The bank may hold, cancel, or resell the bonds or notes subject to, and in accordance with, agreements with holders of its bonds or notes. Unl…
Ind. Code § 5-14-4-1 "Counselor" defined
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Sec. 1. As used in this chapter, "counselor" refers to the public access counselor appointed under section 6 of this chapter. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
Ind. Code § 5-14-4-10 Powers and duties
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Sec. 10. The counselor has the following powers and duties: (1) To establish and administer a program to train public officials and educate the public on the rights of the public and the responsibilities of public agencies under the public access laws. The counselor may contract …
Ind. Code § 5-14-4-11 Additional personnel
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Sec. 11. The counselor may employ additional personnel necessary to carry out the functions of the office subject to the approval of the budget agency. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
Ind. Code § 5-14-4-12 Annual report by counselor
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Sec. 12. The counselor shall submit a report in an electronic format under IC 5-14-6 not later than June 30 of each year to the legislative services agency concerning the activities of the counselor for the previous year. The report must include the following information: (1) The…
Ind. Code § 5-14-4-13 Statute of limitations
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Sec. 13. An informal inquiry or other request for assistance 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 inquiry or other request. As added by P.L.70-1999, S…
Ind. Code § 5-14-4-14 Education fund
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Sec. 14. (a) An education fund is established to provide funds for the program established under section 10(1) of this chapter. (b) The fund consists of the following: (1) Civil penalties collected under IC 5-14-1.5-7.5 and IC 5-14-3-9.5. (2) Money appropriated by the general ass…
Ind. Code § 5-14-4-2 "Office" defined
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Sec. 2. As used in this chapter, "office" refers to the office of the public access counselor established under section 5 of this chapter. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
Ind. Code § 5-14-4-3 "Public access laws" defined
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Sec. 3. As used in this chapter, "public access laws" refers to: (1) IC 5-14-1.5; (2) IC 5-14-3; or (3) any other state statute or rule governing access to public meetings or public records. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
Ind. Code § 5-14-4-4 "Public agency" defined
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Sec. 4. 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.4 and P.L.191-1999, SEC.4.…
Ind. Code § 5-14-4-5 Establishment of office
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Sec. 5. The office of the public access counselor is established. The office shall be administered by the public access counselor appointed under section 6 of this chapter. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
Ind. Code § 5-14-4-6 Appointment; term
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Sec. 6. The governor shall appoint a public access counselor for a term of four (4) years at a salary to be fixed by the governor. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
Ind. Code § 5-14-4-7 Removal for cause
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Sec. 7. The governor may remove the counselor for cause. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
Ind. Code § 5-14-4-8 Vacancies in office
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Sec. 8. If a vacancy occurs in the office, the governor shall appoint an individual to serve for the remainder of the counselor's unexpired term. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
Ind. Code § 5-14-4-9 Requirements for position
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Sec. 9. (a) The counselor must be a practicing attorney. (b) The counselor shall apply the counselor's full efforts to the duties of the office and may not be actively engaged in any other occupation, practice, profession, or business. As added by P.L.70-1999, SEC.4 and P.L.191-1…
Ind. Code § 5-1.5-4-1 Purposes; bonds to be general obligations of bank payable out
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of revenues or funds of bank; limitation on amount outstanding; exception to limitation Sec. 1. (a) The bank may issue its bonds or notes in principal amounts that it considers necessary to provide funds for any purposes under this article, including: (1) the purchase or acquisit…
Ind. Code § 5-1.5-4-10 Purchase of securities; documentation
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Sec. 10. Subject to IC 5-1.5-8-2, all securities purchased, held, or owned by the bank, upon delivery to the bank, must be accompanied by all documentation required by the board. As added by P.L.25-1984, SEC.1. Amended by P.L.43-1985, SEC.17.
Ind. Code § 5-1.5-4-2 Nature of bond or note; state pledge and agreement
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Sec. 2. (a) A bond or note of the bank: (1) is not a debt, liability, loan of the credit, or pledge of the faith and credit of the state or of any qualified entity; (2) is payable solely from the money pledged or available for its payment under this article, unless funded or refu…
Ind. Code § 5-1.5-4-3 Negotiability of bonds and notes
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Sec. 3. The bonds and notes of the bank are negotiable instruments for all purposes of the Uniform Commercial Code, IC 26-1, subject only to the provisions of the bonds and notes for registration. As added by P.L.25-1984, SEC.1.
Ind. Code § 5-1.5-4-4 Issuance; resolution; consent, proceedings, or conditions; rates
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of interest; redemption; prior approval Sec. 4. (a) Bonds or notes of the bank must be authorized by resolution of the board, may be issued in one (1) or more series, and must: (1) bear the date; (2) mature at the time or times; (3) be in the denomination; (4) be in the form; (5)…
Ind. Code § 5-1.5-4-5 Resolution authorizing issuance; adoption; publication of
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notice; action to set aside resolution Sec. 5. (a) Upon the adoption of a resolution authorizing the issuance of bonds or notes, the bank may publish notice of the adoption once each week for two (2) weeks in two (2) newspapers published and of general circulation in the city of …
Ind. Code § 5-1.5-4-6 Public or private sale; notice
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Sec. 6. Bonds or notes of the bank may be sold at public or private sale at the price the board determines. If bonds or notes of the bank are to be sold at public sale, the bank shall follow the provisions of IC 5-1-11 and shall publish notice of the sale in accordance with IC 5-…
Ind. Code § 5-1.5-4-7 Issuance of notes; payment of principal or interest thereon;
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funding or refunding Sec. 7. The bank may from time to time issue its notes under this article and pay and retire the principal of the notes or pay the interest due thereon or fund or refund the notes from proceeds of bonds or of other notes, or from other funds or money of the b…
Ind. Code § 5-1.5-4-9 Purchase of bonds or notes of bank; disposition; bonds or notes
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held considered held for resale or transfer Sec. 9. The bank may purchase bonds or notes of the bank out of its funds or money available for the purchase of its own bonds and notes. The bank may hold, cancel, or resell the bonds or notes subject to, and in accordance with, agreem…
Ind. Code § 5-20-4-1 Repealed
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As added by P.L.69-1989, SEC.4. Amended by P.L.181-2006, SEC.28. Repealed by P.L.133-2012, SEC.33.
Ind. Code § 5-20-4-10 Repealed
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As added by P.L.69-1989, SEC.4. Repealed by P.L.27-1993, SEC.26.
Ind. Code § 5-20-4-10.1 Repayment of loans; procedures
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Sec. 10.1. The authority and the board for depositories shall establish procedures to insure repayment of the loan principal at the end of the loan term. The procedures may include purchase of a zero coupon bond to insure the loan principal, a requirement that a percentage of the…