Title 5, STATE AND LOCAL ADMINISTRATION

Sec. 2.9. (a) This section does not apply to the following: (1) A meeting under section 6.1 of this chapter. (2) A state educational institution. (3) Subject to IC 8-1-1-8.1, a hearing noticed under IC 8-1-1-8, regarding which a stenographic record is required to be made and kept…

Sec. 3. (a) Except as provided in section 6.1 of this chapter, all meetings of the governing bodies of public agencies must be open at all times for the purpose of permitting members of the public to observe and record them. (b) A secret ballot vote may not be taken at a meeting.…

Sec. 3.1. (a) Except as provided in subsection (b), the governing body of a public agency violates this chapter if members of the governing body participate in a series of at least two (2) gatherings of members of the governing body and the series of gatherings meets all of the f…

Sec. 3.2. (a) This section applies only to the governing body of a: (1) school corporation; or (2) charter school. (b) The governing body shall allow oral public comment at a meeting as set forth in section 3 of this chapter. As added by P.L.124-2022, SEC.3.

Sec. 3.3. (a) This section applies only to a meeting of the governing body of an entity described in section 2(a)(2) or 2(a)(3) of this chapter. (b) This section does not apply to a meeting of the governing body of a school corporation or charter school. (c) As used in this secti…

Sec. 3.5. (a) This section applies only to a governing body of a public agency of a political subdivision, other than a governing body of an airport authority, a department of aviation, or a conservancy district as set forth in section 3.6 of this chapter. (b) Subject to subsecti…

Sec. 3.6. (a) This section applies only to a governing body of the following: (1) A charter school. (2) A public agency of the state, including a body corporate and politic established as an instrumentality of the state. (3) An airport authority or a department of aviation under …

Sec. 3.7. (a) As used in this section, "disaster emergency" means: (1) a disaster emergency declared by the governor under IC 10-14-3-12; or (2) a local disaster emergency declared by the executive (as defined in IC 36-1-2-5) of a political subdivision under IC 10-14-3-29. (b) No…

Sec. 3.8. (a) As used in this section, "board" means a board that regulates a health care provider or a regulated professional under IC 25. (b) Except as provided in subsection (c), a board may participate in a meeting by any electronic means of communication that does the follow…

Sec. 4. (a) A governing body of a public agency utilizing an agenda shall post a copy of the agenda at the entrance to the location of the meeting prior to the meeting. A rule, regulation, ordinance, or other final action adopted by reference to agenda number or item alone is voi…

Sec. 5. (a) Public notice of the date, time, and place of any meetings, executive sessions, or of any rescheduled or reconvened meeting, shall be given at least forty-eight (48) hours (excluding Saturdays, Sundays, and legal holidays) before the meeting. This requirement does not…

Sec. 6.1. (a) As used in this section, "public official" means a person: (1) who is a member of a governing body of a public agency; or (2) whose tenure and compensation are fixed by law and who executes an oath. (b) Executive sessions may be held only in the following instances:…

Sec. 6.5. (a) Whenever a governing body, or any person authorized to act for a governing body, meets with an employee organization, or any person authorized to act for an employee organization, for the purpose of collective bargaining or discussion, the following apply: (1) Any p…

Sec. 7. (a) An action may be filed by any person in any court of competent jurisdiction to: (1) obtain a declaratory judgment; (2) enjoin continuing, threatened, or future violations of this chapter; or (3) declare void any policy, decision, or final action: (A) taken at an execu…

Sec. 7.5. (a) This section applies only to an individual who is: (1) an officer of a public agency; or (2) employed in a management level position with a public agency. (b) If an individual with the specific intent to violate the law fails to perform a duty imposed on the individ…

Sec. 8. (a) This section applies only to the following public agencies: (1) A public agency described in section 2(a)(1) of this chapter. (2) A public agency: (A) described in section 2(a)(5) of this chapter; and (B) created to advise the governing body of a public agency describ…

Sec. 1. This chapter does not apply to a project covered by IC 8-23-10. As added by P.L.149-2021, SEC.1.

Sec. 2. As used in this chapter, "applicable public works statute" refers to whichever of the following statutes is applicable to the public works project of a public agency: (1) IC 4-13.6. (2) This article. (3) IC 5-23-4 (build, operate, transfer, and public-private agreements).…

Sec. 3. As used in this chapter, "contract" refers to a contract for professional services of any of the following for a public works project: (1) A design professional. (2) An architect. (3) An engineer. (4) An environmental consultant. (5) A geologist. (6) A geotechnical consul…

Sec. 4. As used in this chapter, "public agency" has the meaning set forth in IC 5-30-1-11. As added by P.L.149-2021, SEC.1.

Sec. 5. (a) As used in this chapter, "public works project" refers to a construction project governed by an applicable public works statute. (b) The term does not include any of the following: (1) A project on the state highway system (as defined in IC 8-23-1.1-39). (2) A railroa…

Sec. 6. IC 26-2-5-4 applies to a contract. As added by P.L.149-2021, SEC.1.

Sec. 1. As used in this chapter: (a) The term "borrower" means any county, any incorporated city or town, any special taxing district, any regional sewer or water district, all other political units now existing or hereafter created, and any not-for-profit corporation eligible fo…

Sec. 2. Any borrower to which a grant has been allocated, pending the receipt thereof, but within the limitation set forth in this chapter, may borrow from any person and evidence the debt so incurred by a note, or a series of notes of equal or unequal amounts, executed by at lea…

Sec. 3. The maximum amount of any loan made pursuant to this chapter shall not exceed eighty percent (80%) of the estimated amount of the grant in anticipation of which the loan is made. Further, the borrower shall make prepayments on the outstanding balance of its note, or retir…

Sec. 4. The governing body may arrange the issuance and sale of grant anticipation notes either at a public or a private negotiated sale. As added by Acts 1981, P.L.61, SEC.1.

Sec. 5. It shall be the duty of the governing body to apply the proceeds of any obligations issued pursuant to this chapter to those items of cost for which the grant has been allocated by the granting agencies, or as to revenue sharing funds, by the governing body. The purchaser…

Sec. 6. All obligations issued pursuant to this chapter and all interest to accrue thereon shall have the tax exempt status prescribed by IC 6-8-5. As added by Acts 1981, P.L.61, SEC.1.

Sec. 7. Notwithstanding anything to the contrary in IC 5-28-8, the Indiana economic development corporation may make grant anticipation loans as authorized by this chapter from the fund established by IC 5-28-8-5. As added by Acts 1981, P.L.61, SEC.1. Amended by P.L.4-2005, SEC.3…

Sec. 8. A borrower may not finance a project with loans authorized by this chapter unless that fact is included in all advertisements for bids for construction work on that project. As added by Acts 1981, P.L.61, SEC.1.

Sec. 1. This chapter applies to the following: (1) A purchase of supplies under this article by any of the following: (A) A governmental body. (B) A state educational institution. (C) An instrumentality of the state that performs essential governmental functions on either a state…

Sec. 10. (a) This section does not apply to an absolute preference. (b) If an offeror offers a preferred supply for a given supply item, the purchasing agent shall compute an adjusted offer for that item according to the following formula: STEP ONE: Determine the price preference…

Sec. 11. Notwithstanding any statute requiring the award of a contract to the lowest offeror, but subject to section 12 of this chapter, a purchasing agent shall award a contract to the offeror whose total adjusted offer is lower than the total adjusted offer of each other offero…

Sec. 12. Award of a contract under section 11 of this chapter is subject to the following: (1) A requirement of an applicable statute to award a contract to a responsible and responsive bidder. (2) A requirement of an applicable statute to award a contract: (A) to the best bidder…

Sec. 13. If a purchasing agent awards contracts separately, or for a combination of a line or class of supplies under an applicable law, the purchasing agent shall compute total adjusted offers and award contracts as if each combination of lines or classes of supplies to be award…

Sec. 14. The price paid for preferred supplies purchased under a contract awarded under this chapter shall be the price offered for the supplies and not the adjusted offer price of the supplies. As added by P.L.49-1997, SEC.1.

Sec. 15. A governmental body may adopt rules to implement this chapter. As added by P.L.49-1997, SEC.1.

Sec. 16. (a) This section does not apply when the purchase description is limited to a supply that meets the description set forth in subsection (b). (b) There is a price preference for supplies that contain recycled materials or post-consumer materials. (c) The amount of the pri…

Sec. 18. (a) Notwithstanding section 1 of this chapter, this section does not apply to a purchase of supplies by any of the following: (1) A political subdivision. (2) A state educational institution. (b) This section does not apply when the purchase description is limited to soy…

Sec. 19. (a) This section does not apply when the purchase description is limited to a fuel of which at least twenty percent (20%) by volume is soy diesel/bio diesel. (b) As used in this section, "soy diesel/bio diesel" includes fuels (other than alcohol) that are primarily ester…

Sec. 2. As used in this chapter, "absolute preference" means a requirement that a governmental body must purchase supplies described under this chapter, regardless of price. As added by P.L.49-1997, SEC.1.

Sec. 20. (a) This section does not apply to the state lottery commission created by IC 4-30-3-1. (b) As used in this section, "out-of-state business" refers to a business that is not an Indiana business. (c) A governmental body may adopt rules to give a preference to an Indiana b…

Sec. 20.5. (a) This section applies only to a contract awarded by a state agency. (b) As used in this section, "Indiana business" refers to any of the following: (1) A business whose principal place of business is located in Indiana. (2) A business that pays a majority of its pay…

Sec. 20.9. (a) This section applies only to a contract awarded by a political subdivision if the political subdivision provides in the solicitation that this section applies to the purchase. (b) As used in this section, "affected county" refers to an Indiana county: (1) in which …

Sec. 21. (a) This section does not apply to the state lottery commission created by IC 4-30-3-1. (b) A governmental body shall adopt rules to promote the purchase of supplies manufactured in the United States. (c) Rules adopted under subsection (b) shall provide that supplies man…

Sec. 22. (a) This section does not apply to the state lottery commission created by IC 4-30-3-1. (b) This section does not apply if federal law requires the use of low sulphur coal in the circumstances for which the coal is purchased. (c) Whenever a purchasing agent purchases coa…