Title 5, STATE AND LOCAL ADMINISTRATION

costs, reports, and other requirements for loan or grant recipients Sec. 8. (a) To receive a loan, grant, or other financial assistance from the water infrastructure assistance fund, a participant: (1) must demonstrate that it has developed or is in the process of developing an a…

Sec. 8.2. (a) The authority shall establish a project prioritization system for the purposes of awarding loans and grants from the water infrastructure assistance fund. The project prioritization system must be based on a model that includes at least the following variables: (1) …

Sec. 8.4. The authority shall set aside forty percent (40%) of the water infrastructure assistance fund for purposes of providing grants, loans, and other financial assistance to or for the benefit of utilities serving less than three thousand two hundred (3,200) customers. As ad…

Sec. 8.6. The authority may provide services to a participant in connection with a loan or other financial assistance from the water infrastructure assistance fund, including advisory services and other services. As added by P.L.56-2019, SEC.8.

Sec. 9. (a) The authority may sell loans, evidences of other financial assistance, and other obligations evidencing the loans or other financial assistance from the water infrastructure assistance fund: (1) periodically; (2) at any price; and (3) on terms acceptable to the author…

Sec. 1. (a) If the state or any political subdivision has public funds on deposit in a closed depository, the state or political subdivision may borrow an amount of money necessary for the proper conduct of the business of the state or political subdivision. (b) The amount of mon…

Sec. 2. A public servant is not liable for loss of public funds in any closed depository if the funds have been deposited in the manner required by this article. As added by P.L.19-1987, SEC.16. Amended by P.L.107-2011, SEC.2.

Sec. 3. A public servant who violates the depository duties in this article is subject to IC 35-44.2-2-1. The public servant also is liable upon the public servant's official bond for any loss or damage that accrues. As added by P.L.19-1987, SEC.16. Amended by P.L.107-2011, SEC.3…

Sec. 1. (a) This chapter applies only to a public works contract awarded after June 30, 2015. (b) The provisions of an applicable public works statute shall be construed consistently with this chapter, but to the extent an applicable public works statute is inconsistent with this…

Sec. 2. The definitions in IC 5-16-13 apply throughout this chapter. As added by P.L.252-2015, SEC.13.

Sec. 3. A determination that a contractor is not responsible is final and conclusive, and subject to judicial review under IC 34-13-5. As added by P.L.252-2015, SEC.13.

Sec. 1. As used in this chapter, "small business" means a business that: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies the criteria in the rules adopted under section 3 of this chapter. As added by P.L.49-1997, SEC.1. Am…

Sec. 10. A purchase from a small business under this chapter is subject to: (1) all other provisions of this article; and (2) the rules of the governmental body. If there is a conflict between the laws described in subdivisions (1) and (2) and this chapter, this chapter governs. …

Sec. 12. Any state agency that purchases goods, supplies, or services for the state must report by October 1 of each year to the budget committee the amount of Indiana business and Indiana small business preferences granted in the agency's procurement of goods, supplies, or servi…

Sec. 2. As used in this chapter, "small business set-aside" means a purchase in which the solicitation states that offers will be accepted only by small businesses. As added by P.L.49-1997, SEC.1.

Sec. 3. (a) A governmental body may adopt rules to implement this chapter. The Indiana department of administration shall adopt rules under IC 4-22-2 to implement this chapter. (b) The rules adopted by a governmental body must establish criteria for determining qualifications as …

Sec. 4. (a) A governmental body that has adopted rules under this chapter may identify as a small business set-aside specific supplies for which purchase has been requested under this article. (b) A small business designation must be made before the solicitation for the purchase …

Sec. 5. A governmental body may not designate a purchase as a small business set-aside unless there is a reasonable expectation that offers will be obtained from at least two (2) small businesses capable of furnishing the desired supplies or service at a fair and reasonable price…

Sec. 6. If a purchase is designated as a small business set-aside, the solicitation must be confined to small businesses. As added by P.L.49-1997, SEC.1.

Sec. 7. A contract shall be awarded to the lowest responsible and responsive offeror among the small businesses in accordance with the rules of the governmental body. As added by P.L.49-1997, SEC.1.

Sec. 8. If the purchasing agent determines that acceptance of the lowest responsible and responsive offer will result in the payment of an unreasonable price, the purchasing agent shall reject all offers and may withdraw designation of the purchase as a small business set-aside. …

Sec. 9. The Indiana economic development corporation may assist a governmental body in doing any of the following: (1) Compiling and maintaining a comprehensive list of small businesses. (2) Assisting small businesses in complying with the procedures for bidding on governmental c…

Sec. 1. As used in this chapter, "fund" refers to the trade promotion fund established by section 6 of this chapter. As added by P.L.4-2005, SEC.34.

Sec. 10. The corporation may adopt policies and guidelines to implement this chapter. As added by P.L.4-2005, SEC.34.

Sec. 2. As used in this chapter, "small business concern" means a small business concern as defined in 15 U.S.C. 632. As added by P.L.4-2005, SEC.34.

Sec. 3. As used in this chapter, "trade mission" means a planned tour of business locations, all of which are: (1) located in or outside the United States; and (2) recommended by: (A) the United States Department of Commerce Foreign Commercial Service; (B) the United States Depar…

Sec. 4. As used in this chapter, "trade show" means an exhibition, an exposition, or a fair: (1) located in or outside the United States; and (2) recommended by: (A) the United States Department of Commerce Foreign Commercial Service; or (B) the United States Department of Agricu…

Sec. 5. (a) The corporation shall promote the participation of small business concerns in trade shows and trade missions. (b) Before promoting participation in trade shows and trade missions, the corporation must: (1) conduct market research to determine the presence and extent o…

Sec. 6. (a) The trade promotion fund is established within the state treasury as a dedicated fund. Money in the fund must be spent by the corporation exclusively for the purposes described in this chapter. (b) The fund consists of appropriations from the general assembly. (c) The…

Sec. 7. The corporation may provide financial assistance to a small business concern by reimbursing the small business concern solely for booth rental fees related to its participation in a trade show or trade mission. As added by P.L.4-2005, SEC.34.

Sec. 8. (a) Reimbursement for booth rental fees incurred by a small business concern under section 7 of this chapter for participation in one (1) trade show or trade mission may not exceed the lesser of: (1) five thousand dollars ($5,000); or (2) the amount determined in subsecti…

Sec. 9. To qualify for financial assistance under this chapter, a small business concern must: (1) apply to the corporation for approval to participate in a trade show or trade mission in the form and by the time specified by the corporation; (2) establish to the satisfaction of …

Sec. 1. This chapter does not apply to: (1) a bank holding company (as defined in IC 28-2-16-3 or IC 28-2-16-9); (2) a subsidiary of a bank holding company (as defined in IC 28-2-16-3 or IC 28-2-16-9); or (3) an action taken or a factor considered pursuant to the requirements of …

Sec. 10. (a) In accordance with the board's duty under section 9 of this chapter, and except as provided in subsection (c), the board shall not: (1) enter a contract; or (2) modify, amend, or continue a contract; with a service provider that has made an ESG commitment unless taki…

Sec. 11. The board shall, at least annually, tabulate and report all proxy votes made by a service provider that is not a private market fund (as defined in IC 5-10.2-10-11) in relation to the administration of the system. For each vote reported, the report must contain: (1) a vo…

Sec. 12. (a) The following are immune from civil liability for any act or omission related to any action under this chapter: (1) The state. (2) Officers, agents, and employees of the state. (3) The system. (4) The: (A) board members; (B) executive director; (C) officers; (D) agen…

Sec. 13. This chapter does not apply directly to the defined contribution plans or an annuity savings account described in section 5(b) of this chapter or a private market fund (as defined in IC 5-10.2-10-11). However, the board shall: (1) ensure that reasonable efforts are made …

Sec. 2. (a) As used in this chapter, "ESG commitment" means an action taken or a factor considered by a service provider: (1) with respect to or including the system's assets; and (2) with the nonfinancial purpose to further social, political, or ideological interests based on ev…

Sec. 3. (a) As used in this chapter, "financial" means a prudent determination by a fiduciary to have a material effect on the monetary risk or the monetary return of an investment. (b) The term does not include an action taken or a factor considered by a fiduciary with the nonfi…

Sec. 4. As used in this chapter, "service provider" means investment managers and proxy advisors to the system. As added by P.L.206-2023, SEC.1.

Sec. 5. (a) As used in this chapter and except as provided in subsection (b), "system" refers to the Indiana public retirement system established by IC 5-10.5-2-1. (b) The term does not include the following: (1) The public employees' defined contribution plan established under I…

Sec. 6. Factors to be considered as evidence of a service provider's ESG commitment may include one (1) or more of the following: (1) Advertising. (2) Statements. (3) Explanations. (4) Reports. (5) Letters to clients. (6) Communications with portfolio companies. (7) Statements of…

Sec. 7. If the treasurer of state has reasonable cause to believe that a service provider has made an ESG commitment, the treasurer of state shall research the matter and make a determination as to whether the service provider has made an ESG commitment. In conducting this resear…

Sec. 8. (a) Except as otherwise provided by law, the board may not make an investment decision with the purpose of: (1) influencing any social or environmental policy; or (2) attempting to influence the governance of any corporation for nonfinancial purposes. (b) Except as otherw…

Sec. 9. (a) In making and supervising investments of the system, the board shall discharge its duties solely in the financial interest of the participants and beneficiaries of the system for the exclusive purposes of: (1) providing financial benefits to participants and beneficia…

Sec. 1. This chapter applies to any entities issuing bonds that are named in IC 5-1-1-1. As added by P.L.44-1983, SEC.7.