Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

required Sec. 4. A law enforcement agency is not required to notify or send a letter to the parent, guardian, or custodian of a child under section 3 of this chapter if: (1) the parent, guardian, or custodian is the alleged perpetrator of the crime; or (2) notification or sending…

Sec. 1. As used in this chapter, "dies in the line of duty" has the meaning set forth in IC 5-10-10-2(a). As added by P.L.111-2019, SEC.2.

Sec. 2. As used in this chapter, "employer" means any of the following: (1) The state (as defined in IC 4-15-17-3). (2) A state educational institution (as defined in IC 21-7-13-32). (3) A postsecondary educational institution, other than a state educational institution. (4) An o…

Sec. 3. As used in this chapter, "public safety officer" means any of the following: (1) An excise police officer. (2) A conservation enforcement officer. (3) A gaming agent or a gaming control officer of the Indiana gaming commission (established by IC 4-33-3-1). (4) A state edu…

Sec. 4. (a) If an employer of a public safety officer who dies in the line of duty after December 31, 2017, offers health coverage for active employees, the employer shall offer to provide and pay for health coverage under the health coverage plan provided for active employees fo…

Sec. 1. (a) Whenever public notice is required by this article, notice shall be given by publication in the manner prescribed by IC 5-3-1. (b) The purchasing agent may give notice other than as required in IC 5-3-1 that the purchasing agent considers will increase competition. (c…

Sec. 2. (a) When the purchasing agent determines it is in the best interests of the governmental body: (1) a solicitation may be canceled; or (2) offers may be rejected; in whole or in part as specified in the solicitation. (b) The reasons for a cancellation of a solicitation or …

Sec. 3. Notwithstanding any other law, offers may be opened after the time stated in the solicitation if both of the following apply: (1) The governmental body makes a written determination that it is in the best interest of the governmental body to delay the opening. (2) The day…

Sec. 4. (a) Except as provided in this section or by another law, contract and purchasing records are public records subject to public inspection under IC 5-14-3. (b) A governmental body may establish policies or adopt rules for the protection of documents submitted to the govern…

subdivisions Sec. 5. (a) This section applies only to a political subdivision. (b) Within thirty (30) days after the acceptance of an offer, the purchasing agent shall deliver in person or by first class mail to the successful offeror the original of each purchase order or lease,…

Sec. 1. As used in this chapter, "federal income poverty level" means the nonfarm income official poverty line as determined annually by the federal Office of Management and Budget. As added by P.L.4-2005, SEC.34.

Sec. 10. The corporation's criteria for awarding loans from the fund to a local board must include the following factors: (1) The extent to which local financial institutions invest and participate in the local pool. (2) The extent to which the local pool is used as a secondary s…

requirements of articles of incorporation or bylaws Sec. 12. (a) As used in this section, "eligible entity" means any partnership, unincorporated association, corporation, or limited liability company, whether or not operated for profit, that is established for the purpose of est…

articles of incorporation or bylaws Sec. 13. (a) A local opportunity pool may be established only by a nonprofit corporation or a for-profit corporation established for that purpose. A political subdivision may participate in the establishment of such a corporation but may not be…

Sec. 14. The making of loans from the fund does not constitute the lending of credit by the state for purposes of any other statute or the Constitution of the State of Indiana. As added by P.L.4-2005, SEC.34.

Sec. 2. As used in this chapter, "fund" refers to the small business development fund established by section 7 of this chapter. As added by P.L.4-2005, SEC.34. Amended by P.L.87-2011, SEC.4.

Sec. 3. As used in this chapter, "local board" means the: (1) governing body of an eligible entity described in section 12 of this chapter; or (2) board of directors of a corporation described in section 13 of this chapter. As added by P.L.4-2005, SEC.34.

Sec. 4. As used in this chapter, "local pool" includes both a local investment pool established under section 12 of this chapter and a local opportunity pool established under section 13 of this chapter. As added by P.L.4-2005, SEC.34.

Sec. 5. As used in this chapter, "nontraditional entrepreneur" means a person who operates or seeks to establish a business in Indiana and who is described in one (1) or more of the following categories: (1) Persons whose employment has been terminated or who have been laid off a…

Sec. 6. (a) The general assembly makes the following findings of fact: (1) There exists in Indiana an inadequate amount of locally managed, pooled investment capital in the private sector available to invest in new and existing business ventures, including business ventures by no…

Sec. 7. (a) The small business development fund is established within the state treasury. The fund is a revolving fund to: (1) provide loans approved by the corporation under this chapter and IC 5-28-17; and (2) provide loans or loan guarantees under the small and minority busine…

Sec. 8. (a) The corporation shall perform the following duties: (1) Establish and implement the policies and procedures to be used by the corporation in the administration of the fund. (2) Subject to section 10 of this chapter, establish criteria for awarding loans from the fund.…

Sec. 9. A local board may apply for a loan from the fund. A local board's application for a loan must include the following information: (1) The total amount of the loan requested from the fund. (2) The total amount of matching funds to be provided from the local pool operated by…

employees; rules Sec. 1. (a) All powers, duties, liabilities, records, property, and employees of the field examiners retirement board (referred to as FERF in this chapter) are transferred to the board of trustees of the public employees' retirement fund (referred to as PERF in t…

creditable service; benefits under repealed section Sec. 2. (a) After June 30, 1986, field examiners and other employees of the state board of accounts shall be included as members of PERF and shall be treated as though they were members of PERF during their employment with the s…

Sec. 3. The repeal of IC 5-11-15-10, concerning the referendum for inclusion of field examiners and other employees of the state board of accounts in the federal Social Security Act, does not affect the result of the referendum. After June 30, 1986, IC 5-10.1 applies to these fie…

Sec. 1. The determinations required by this article are final and conclusive, and subject to judicial review under section 2 of this chapter. As added by P.L.49-1997, SEC.1.

Sec. 2. (a) A person aggrieved by a determination under this article may file a petition for judicial review of that determination in a court of appropriate jurisdiction. (b) The court shall grant relief only if it determines that a person seeking judicial relief has been substan…

Sec. 3. The burden of demonstrating the invalidity of the determination is on the person asserting the invalidity. As added by P.L.49-1997, SEC.1.

Sec. 4. (a) If the court finds that a person has been substantially prejudiced by a determination, the court may set aside the determination. The court may remand the case to the governmental body for further proceedings and compel an action by the governmental body that has been…

Sec. 5. An Indiana taxpayer has standing to: (1) challenge a determination made under IC 5-22-15-25(d); and (2) enforce a contract provision required by IC 5-22-17-14 if the contract is related to steel products (as defined in IC 5-22-15-25(a)) or supplies manufactured by steel p…

Sec. 1. As used in this chapter, "law enforcement agency" has the meaning set forth in IC 5-2-17-2. As added by P.L.171-2011, SEC.3.

Sec. 2. As used in this chapter, "law enforcement officer" has the meaning set forth in IC 5-2-1-2. As added by P.L.171-2011, SEC.3.

immigration status Sec. 3. A law enforcement agency or law enforcement officer may not request verification of the citizenship or immigration status of an individual from federal immigration authorities if the individual has contact with the law enforcement agency or law enforcem…

Sec. 1. This chapter applies only to a political subdivision's fiscal year beginning after December 31, 2012. As added by P.L.47-2013, SEC.3.

Sec. 2. As used in this chapter, "political subdivision" means a municipality or a local government unit, entity, or instrumentality to which IC 5-11-1-4 applies. The term does not include the state or an instrumentality of the state. As added by P.L.47-2013, SEC.3.

Sec. 3. (a) After December 31, 2013, a political subdivision having an employee retirement plan described in subsection (b) shall, not later than the date each year on which the political subdivision's financial reports are due under IC 5-11-1-4, make an annual report for each of…

Sec. 4. A report required under section 3 of this chapter concerning a retirement plan must include the following information: (1) The basic plan parameters, including the following: (A) The type of plan. (B) The plan administrator. (C) The employer sponsoring the plan. (2) If th…

Sec. 5. The state examiner shall, not later than July 1 of each year, submit a report to the general assembly in an electronic format under IC 5-14-6 that summarizes the retirement plan information received for the immediately preceding fiscal year under section 3 of this chapter…

Sec. 1. A governmental body may establish policies or adopt rules permitting or requiring any of the following: (1) The inclusion of clauses providing for adjustments in prices or time of performance. (2) The inclusion of contract provisions dealing with either of the following: …

Sec. 2. Adjustments in price under clauses established under section 1 of this chapter must be computed in one (1) or more of the following ways: (1) By agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of the p…

Sec. 1. As used in this chapter, "approved lender" means any: (1) lending institution; or (2) bank, trust company, building and loan association, or credit union; that is approved by the corporation as a lender under this chapter. As added by P.L.4-2005, SEC.34.

Sec. 10. The corporation shall do the following: (1) Establish and implement the policies and procedures to be used in the administration of this chapter. (2) Enter into contracts and guarantee agreements, as necessary, with approved lenders, state governmental agencies, corporat…

lending of state credit Sec. 11. (a) An obligation of the program for losses on loans resulting from death, default, bankruptcy, or total or permanent disability of borrowers is not a debt of the state but is payable solely from the fund. (b) The making of loans from the fund doe…

Sec. 13. In making loans from the fund, the corporation shall require that the recipients of the loans receive training in business and financial management skills, including the preparation and filing of state and federal tax returns. As added by P.L.4-2005, SEC.34.

Sec. 14. (a) The training required by section 13 of this chapter may be provided by consultants or staff members of the corporation. The corporation shall establish standards for the training. (b) The duties of the consultants or staff members are as follows: (1) To provide train…

Sec. 2. As used in this chapter, "fund" refers to the small business development fund established by IC 5-28-18-7. As added by P.L.4-2005, SEC.34. Amended by P.L.87-2011, SEC.7.

Sec. 3. As used in this chapter, "loan" means a direct loan from the fund. As added by P.L.4-2005, SEC.34.

Sec. 4. As used in this chapter, "minority business" means an individual, a partnership, a corporation, a limited liability company, or a joint venture of any kind that is owned and controlled by one (1) or more persons who are: (1) United States citizens; and (2) members of a mi…

Sec. 5. As used in this chapter, "minority group" means: (1) blacks; (2) American Indians; (3) Hispanics; (4) Asian Americans; and (5) other similar racial minority groups. As added by P.L.4-2005, SEC.34.