Title 5, STATE AND LOCAL ADMINISTRATION

Sec. 6. As provided in the request for proposals or under the rules or policies of the governmental body, discussions may be conducted with, and best and final offers obtained from, responsible offerors who submit proposals determined to be reasonably susceptible of being selecte…

Sec. 7. (a) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the governmental body, taking into consideration price and the other evaluation factors set forth in the request for proposals. (b) If provided in the…

Sec. 8. The governmental body may provide by rule or policy that: (1) it is either not practicable or not advantageous to the governmental body to purchase specified types of supplies by competitive sealed bidding; and (2) receiving proposals is the preferred method for purchase …

Sec. 9. (a) Offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of proposals. (b) In conducting discussions with an offeror, information derived from proposals submitted by competing offerors may be used in discussion on…

Sec. 1. As used in this chapter, "enterprise zone" means an enterprise zone created under IC 5-28-15 (or IC 4-4-6.1 before its repeal). As added by P.L.4-2005, SEC.34.

Sec. 10. (a) Two million dollars ($2,000,000) in the industrial development fund does not revert to the state general fund but constitutes a revolving fund to be used exclusively for the purpose of this chapter. The corporation, subject to the approval of the state board of finan…

Sec. 11. A qualified entity may institute and administer an industrial development program that is approved by ordinance or resolution adopted by the governing body of the qualified entity and approved by the corporation. As added by P.L.4-2005, SEC.34.

Sec. 12. (a) The state board of finance and the corporation shall authorize the making of a loan to a qualified entity under this chapter only when all the following conditions exist: (1) An application for the loan has been submitted by the qualified entity, in a verified petiti…

Sec. 13. (a) The qualified entity may provide labor, equipment, and materials from any source at its disposal for such a program, and participation in accomplishment of the project or projects may be: (1) evaluated by the state board of finance and the corporation; and (2) comput…

Sec. 14. (a) The state board of finance and the corporation shall determine and ascribe to an applicant for a loan a priority rating. The rating must be based primarily on the need of the qualified entity for a proposed program or on the need of the small business investment comp…

Sec. 15. (a) A loan made under this chapter is subject to the following restrictions: (1) The repayment period may not exceed fifteen (15) years. (2) The interest rate is to be set by the state board of finance at the time the loan is approved. (3) Interest reverts to the industr…

Sec. 16. A qualified entity receiving a loan under this chapter may levy an annual tax on personal and real property located within the qualified entity's geographical limits for industrial development purposes, in addition to any other tax authorized by statute to be levied for …

Sec. 17. (a) If a qualified entity fails to make repayment of money lent under this chapter or is in any way indebted to the industrial development fund for any amounts incurred or accrued, the amount payable may be: (1) withheld by the state comptroller, as set forth in the loan…

Sec. 18. There is appropriated annually to the corporation from the state general fund, from money not otherwise appropriated, an amount sufficient to administer this chapter, subject to the approval of the budget committee. As added by P.L.4-2005, SEC.34.

Sec. 19. (a) The corporation, with the approval of the state board of finance, may sell to a person (including the board for depositories) the notes or other debt obligations issued by a county, city, or town under this chapter or IC 6-1.1-39 for any borrowing from the industrial…

Sec. 2. As used in this chapter, "governing body" means the legislative body of a city, town, or county, an economic development commission, or a board administering the affairs of a special taxing district. As added by P.L.4-2005, SEC.34.

Sec. 20. (a) For economic development projects (as defined in IC 5-1.2-2) that have a cost of the project (as defined in IC 5-1.2-2) greater than one hundred million dollars ($100,000,000), the corporation may coordinate a loan to a county, city, or town under this chapter that i…

Sec. 3. As used in this chapter, "industrial development program" means a program designed to aid the growth of industry in Indiana and includes the: (1) construction of airports, airport facilities, and tourist attractions; (2) construction, extension, or completion of sewerline…

Sec. 4. As used in this chapter, "information and high technology infrastructure" includes, but is not limited to, fiber optic cable and other infrastructure that supports high technology growth and the purchase and installation of fiber optic cable and other infrastructure. As a…

Sec. 5. As used in this chapter, "minority enterprise small business investment company" means an investment company licensed under 15 U.S.C. 681(D). As added by P.L.4-2005, SEC.34.

Sec. 6. As used in this chapter, "qualified entity" means a city, a town, a county, an economic development commission, or a special taxing district. As added by P.L.4-2005, SEC.34.

Sec. 7. As used in this chapter, "small business investment company" means an investment company licensed under 15 U.S.C. 691 et seq. or a successor statute. As added by P.L.4-2005, SEC.34.

Sec. 8. The general assembly finds that: (1) areas in Indiana have insufficient employment opportunities and insufficient diversification of industry; (2) these conditions are harmful to the health, prosperity, economic stability, and general welfare of these areas and, if not re…

Sec. 8.5. (a) As used in this section, "department" refers to the department of commerce (before its abolition by P.L.4-2005) established by IC 4-4-3-2 (before its repeal). (b) Notwithstanding any other law, all loans, loan agreements, or similar arrangements between the departme…

Sec. 9. (a) The industrial development fund is established within the state treasury. Loans may be made to qualified entities, small business investment companies, and minority enterprise small business investment companies in accordance with this chapter and the policies and gui…

Sec. 0.3. The general assembly finds the following: (1) Mandatory divestment by the funds of the funds' holdings in certain companies is a measure that should be employed only under extraordinary circumstances. (2) The Congress and President of the United States have declared tha…

Sec. 1. As used in this chapter, "active business operations" means all business operations that are not inactive business operations. As added by P.L.149-2007, SEC.3.

Sec. 10. As used in this chapter, "inactive business operations" means the mere continued holding or renewal of rights to property previously operated to generate revenues but not presently deployed for such purpose. As added by P.L.149-2007, SEC.3.

Sec. 11. As used in this chapter, "indirect holdings" means all securities of a company: (1) held in an account or a fund; and (2) managed by one (1) or more persons not employed by the fund (before July 1, 2011) or system, in which the fund (before July 1, 2011) or system owns s…

Sec. 12. As used in this chapter, "marginalized populations of Sudan" includes the following: (1) The part of the population in the Darfur region that has been genocidally victimized. (2) The part of the population of southern Sudan victimized by Sudan's north-south civil war. (3…

Sec. 13. (a) As used in this chapter, "military equipment" means weapons, arms, or military defense supplies provided directly or indirectly to any force actively participating in the conflict in Sudan. The term includes any equipment that readily may be used for military purpose…

Sec. 14. (a) As used in this chapter, "mineral extraction activities" means the exploration, extraction, processing, transporting, or wholesale sale of elemental minerals or associated metals or oxides, including: (1) gold; (2) copper; (3) chromium; (4) chromite; (5) diamonds; (6…

Sec. 15. (a) As used in this chapter, "oil related activities" includes: (1) the export of oil; (2) the extraction of or production of oil; (3) the exploration for oil; (4) the ownership of rights to oil blocks; (5) the refining or processing of oil; (6) the transportation of oil…

Sec. 16. As used in this chapter, "power production activities" means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the government of Sudan whose purpose is to facilitate power generation an…

Sec. 17. As used in this chapter, "research firm" means a reputable, neutral third party research firm not controlled by the fund (before July 1, 2011) or system. As added by P.L.149-2007, SEC.3. Amended by P.L.35-2012, SEC.52.

Sec. 18. (a) As used in this chapter, "scrutinized company" means a company that meets any of the following criteria: (1) Both of the following apply to the company: (A) The company has business operations that involve contracts with or the provision of supplies or services to: (…

Sec. 19. As used in this chapter, "social development company" means a company whose primary purpose in Sudan is to provide humanitarian goods or services, including: (1) medicine or medical equipment; (2) agricultural supplies or infrastructure; (3) educational opportunities; (4…

Sec. 2. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1. As added by P.L.149-2007, SEC.3. Amended by P.L.23-2011, SEC.11.

Sec. 20. As used in this chapter, "substantial action" means: (1) adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within one (1) year and to refrain from any new business operations; (2) undertaking significant humanitarian efforts o…

Sec. 20.5. As used in this chapter, "system" refers to the Indiana public retirement system established by IC 5-10.5-2-1. As added by P.L.35-2012, SEC.53.

Sec. 21. (a) Not later than March 30, 2008, the board shall make a good faith effort to identify all scrutinized companies in which a fund has direct or indirect holdings. (b) In carrying out its responsibilities under subsection (a), and at the board's discretion, the board may …

Sec. 22. After the board creates or updates the scrutinized company list under section 21 of this chapter, the board shall immediately identify the companies on the scrutinized company list in which a fund has direct or indirect holdings. As added by P.L.149-2007, SEC.3. Amended …

Sec. 23. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 22 of this chapter as one in which a fund has direct or indirect holdings; and (2) that has only inactive business operations; a written notice c…

Sec. 24. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 22 of this chapter as one in which a fund has direct or indirect holdings; and (2) that has active business operations; a written notice concerni…

Sec. 25. (a) If, within ninety (90) days after a fund's (before July 1, 2011) or the system's first engagement with a company under section 24 of this chapter, the company ceases scrutinized business operations, the company shall be removed from a fund's scrutinized company list …

Sec. 26. (a) Except as provided in sections 28 and 29 of this chapter, if, after ninety (90) days after a fund's (before July 1, 2011) or the system's first engagement with a company under section 24 of this chapter, the company continues to have scrutinized active business opera…