Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

Sec. 15. As used in this chapter, "state sponsor of terror" means a country determined by the Secretary of State of the United States to have repeatedly provided support for acts of international terrorism. As added by P.L.67-2009, SEC.1.

Sec. 16. As used in this chapter, "substantial action" means adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within one (1) year and to refrain from any new business operations. As added by P.L.67-2009, SEC.1.

Sec. 16.5. 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.69. IC 5-10.2-10-17 Identification of scrutinized companies Sec. 17. (a) Not later than March 30, 2010, the board shall make a go…

Sec. 18. After the board creates or updates the scrutinized company list under section 17 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.67-2009, SEC.1. Amended b…

operations Sec. 19. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 18 of this chapter as one in which a fund has direct or indirect holdings; and (2) that has only inactive business operations; a writt…

Sec. 2. As used in this chapter, "active business operations" means all business operations that are not inactive business operations. As added by P.L.67-2009, SEC.1.

Sec. 20. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 18 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. 21. (a) If, within one hundred eighty (180) days after a fund (before July 1, 2011) or the system first sends written notice to a company under section 20 of this chapter, the company ceases scrutinized business operations, the company shall be removed from a fund's scrutini…

Sec. 22. (a) Except as provided in sections 24 and 25 of this chapter, if a company continues to have scrutinized active business operations one hundred eighty (180) days after a fund (before July 1, 2011) or the system first sends written notice to the company under section 20 o…

Sec. 23. Except as provided in sections 24 and 25 of this chapter: (1) before July 1, 2011, a fund shall not acquire; and (2) after June 30, 2011, the system shall not acquire for a fund; securities of companies on the scrutinized company list that have active business operations…

Sec. 24. If the government of the United States declares that a company on the scrutinized company list with active business operations in a state sponsor of terror is excluded from any federal sanctions relating to a state sponsor of terror, the company is not subject to divestm…

Sec. 25. Notwithstanding any provision to the contrary, sections 22 and 23 of this chapter do not apply to indirect holdings in a private market fund that includes a scrutinized company with active business operations in a state sponsor of terror. As added by P.L.67-2009, SEC.1.

funds Sec. 25.5. Notwithstanding any provision to the contrary, sections 22 and 23 of this chapter do not apply to indirect holdings in actively managed investment funds. However, if a fund has indirect holdings in actively managed investment funds containing the securities of sc…

Sec. 26. (a) On or before November 1, 2010, and thereafter as directed by the legislative council, the board shall submit a report in an electronic format under IC 5-14-6 to the legislative council. Notwithstanding IC 5-14-6-4(b)(2), the submission of a report under this subsecti…

Sec. 27. The provisions of this chapter regarding any country determined to be a state sponsor of terror cease to apply to that country on the earlier of the following: (1) The date the Secretary of State of the United States removes the country from its official list of state sp…

obligations Sec. 28. With respect to actions taken in compliance with this chapter, including all good faith determinations regarding companies on the scrutinized company list, a fund (before July 1, 2011) or the system is exempt from any conflicting statutory or common law oblig…

Sec. 29. (a) Both: (1) the state and its officers, agents, and employees; and (2) each fund (before July 1, 2011) or the system and its board members, executive director, officers, agents, and employees; are immune from civil liability for any act or omission related to the remov…

Sec. 3. 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.67-2009, SEC.1. Amended by P.L.23-2011, SEC.12.

Sec. 30. The provisions of this chapter are severable in the manner provided in IC 1-1-1-8(b). As added by P.L.67-2009, SEC.1.

Sec. 4. As used in this chapter, "business operations" means engaging in any commerce in any form in a state that sponsors terror. As added by P.L.67-2009, SEC.1.

Sec. 5. (a) As used in this chapter, "company" means any of the following: (1) A sole proprietorship. (2) An organization. (3) An association. (4) A corporation. (5) A partnership. (6) A joint venture. (7) A limited partnership. (8) A limited liability partnership. (9) A limited …

Sec. 6. As used in this chapter, "cost of divestment" means the sum of the following: (1) The costs associated with the sale, redemption, divestment, or withdrawal of an investment. (2) The costs associated with the acquisition and maintenance of a replacement investment. (3) A c…

Sec. 7. As used in this chapter, "direct holdings" means all securities of a company held directly by a fund (before July 1, 2011) or the system on behalf of a fund or in an account in which the fund (before July 1, 2011) or the system on behalf of the fund owns all shares or int…

Sec. 8. As used in this chapter, "fund" refers to the following: (1) The Indiana state teachers' retirement fund. (2) The public employees' retirement fund. As added by P.L.67-2009, SEC.1.

Sec. 9. 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 that purpose. As added by P.L.67-2009, SEC.1.

Sec. 1. Purpose of Codification. This article is intended to be a codification and restatement of applicable or corresponding provisions in prior law. A citation to prior law in the Indiana Code shall be construed as a citation to the appropriate provision of this article if the …

Sec. 2. Headings. The headings prefixed to sections of this article are included for organizational purposes and do not affect the meaning, application, or construction of the sections. As added by Acts 1977, P.L.53, SEC.3.

government Sec. 1. (a) Except as otherwise provided in this chapter or in the statute authorizing their issuance, all bonds issued by or in the name of counties, townships, cities, towns, school corporations, and special taxing districts, agencies or instrumentalities thereof, or…

sell Sec. 2. (a) Notice of sale of bonds sold at public sale under section 1 of this chapter shall be published in accordance with the provisions of this chapter and either IC 5-3-1 or subsection (b). (b) If a political subdivision or body referred to in section 1 of this chapter…

bidding awards; continuation of sale; price of bonds; action to contest validity Sec. 3. (a) In authorizing and advertising such bonds for sale only a maximum interest rate shall be fixed, not exceeding the maximum rate provided for in the governing statute or bond ordinance or r…

technical services Sec. 4. (a) It shall be unlawful for any officer or body authorized by law to issue or sell bonds to enter into a contract or agreement prior to the award of such bonds with any person, limited liability company, firm, or corporation, directly or indirectly int…

furnished to purchaser Sec. 5. Whenever any bonds are sold, there shall be furnished to the purchaser thereof a transcript of the proceedings had and actions taken relative to the authorization, issuance, and sale of such bonds, certified by the person or persons charged with rec…

refunding or redeeming outstanding bonds Sec. 6. (a) In cases where other statutes authorize the issuance and exchange of new bonds for the purpose of refunding or redeeming outstanding bonds for the payment of which no funds are available, it shall be the duty of the officers ch…

Sec. 7. Nothing in this chapter contained shall be so construed as to enlarge the powers of counties, townships, cities, towns, school corporations, and special taxing districts, or agencies or instrumentalities thereof to issue bonds. [Pre-Local Government Recodification Citatio…

Sec. 0.3. As used in this chapter, "comprehensive community plan" means the systematic, community driven gathering, analysis, and reporting of community level indicators for the purpose of identifying and addressing local substance use and substance use disorder problems. As adde…

Sec. 0.5. As used in this chapter, "criminal justice services and activities" means programs that assist: (1) law enforcement agencies; (2) courts; (3) correctional facilities; (4) programs that offer probation services; (5) community corrections programs; and (6) public safety p…

Sec. 1. As used in this chapter, "fund" refers to a county drug free community fund established by this chapter. As added by P.L.12-1990, SEC.3.

Sec. 1.3. As used in this chapter, "intervention" means: (1) activities performed to: (A) identify persons in need of substance use treatment services; and (B) encourage the desire to address and improve recovery needs by persons described in clause (A); and (2) referring persons…

Sec. 1.6. As used in this chapter, "local coordinating council" means a countywide, collaborative citizen body that is open to the public and approved by the Indiana commission to combat substance use disorder established by IC 4-3-25-3 to plan, implement, monitor, and evaluate l…

Sec. 1.8. As used in this chapter, "prevention" means the anticipatory process that prepares and supports individuals, families, and communities with the creation and reinforcement of healthy behaviors and lifestyles. As added by P.L.44-2006, SEC.6. Amended by P.L.40-2020, SEC.6.

Sec. 1.9. As used in this chapter, "prevention initiative" means an evidence guided program or activity that is designed to decrease and mitigate substance use. As added by P.L.44-2006, SEC.7. Amended by P.L.40-2020, SEC.7.

Sec. 2. A county drug free community fund is established in each county to support comprehensive local substance use recovery and prevention initiatives by supplementing local funding for treatment, intervention, prevention, education, and criminal justice services and activities…

Sec. 2.2. As used in this chapter, "recovery" means a dynamic, nonlinear process of change through which persons improve their health and wellness, live a self directed life, and strive to reach their full potential. As added by P.L.40-2020, SEC.9.

Sec. 2.4. As used in this chapter, "treatment" means evidence guided activities and services that foster change, enhance the ability to achieve and maintain recovery, and improve mental health. As added by P.L.40-2020, SEC.10.

Sec. 3. The county auditor shall administer the fund. Expenditures from the fund shall be made in accordance with appropriations made under section 5 of this chapter. As added by P.L.12-1990, SEC.3.

Sec. 4. Money in the fund at the end of a fiscal year does not revert to any other fund. As added by P.L.12-1990, SEC.3.

institute Sec. 5. (a) Subject to subsections (b) and (c), a county fiscal body shall annually appropriate from the fund amounts allocated by the county legislative body for the use of persons, organizations, agencies, and political subdivisions to carry out recommended actions co…

Sec. 6. The fund may not be used to replace other funding for substance use services provided to the county. As added by P.L.12-1990, SEC.3. Amended by P.L.40-2020, SEC.12.

certain employee savings plans Sec. 0.3. The actions taken by a school corporation before January 1, 1988, to: (1) establish an employee savings plan that is a defined contribution plan qualified under Section 401(a) of the Internal Revenue Code; and (2) contribute amounts to the…

plans Sec. 1. The state and any political subdivision (as defined by IC 36-1-2-13) may: (1) agree with any employee to reduce and defer any portion of such employee's compensation which under federal law may be deferred under a nonqualified deferred compensation plan and subseque…