Title 5, STATE AND LOCAL ADMINISTRATION

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.

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…

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…

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 …

Sec. 8. If the NWIRDA exercises its option to purchase leased property, the NWIRDA may issue its bonds as authorized by statute. As added by P.L.189-2018, SEC.26.

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…

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, established under IC 5-12-1-19.1 (before its repeal)…

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 …

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 warrants for the payment of public funds shall be drawn by the proper public officer …

Sec. 3. All warrants for the payment of public funds of the state shall be drawn by the state comptroller on the treasurer of state. As added by P.L.19-1987, SEC.7. Amended by P.L.9-2024, SEC.136.

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 treasury must be by check or neg…

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 business with a financial institution or a public pension or retirement fund administer…

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: (…

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 of a contract between the bank and its holders or a …

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.

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…

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, certified by the chairman of the board to the legisl…

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.

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.

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…

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.

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.

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.

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.…

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.

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.

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…

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…

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.

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.

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) of this chapter; (2) a…

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.

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…

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 a provision stating that: (1) the general assembly may annually…

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.

Sec. 6. The provisions of section 4(a) of this chapter are not available to any bonds or notes issued by the bank to purchase securities of, or fund loans to, any qualified entity described in IC 5-1.5-1-8(5) or IC 5-1.5-1-8(6). As added by P.L.37-1991, SEC.4.

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.

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.

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…

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 subcontrac…

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 …