Title 5, STATE AND LOCAL ADMINISTRATION

Sec. 1. A governmental body may enter into a BOT agreement with an operator for the acquisition, planning, design, development, reconstruction, repair, maintenance, or financing of any public facility on behalf of the governmental body. As added by P.L.49-1997, SEC.34.

Sec. 2. (a) BOT agreements may provide the following: (1) The design, construction, operation, management, maintenance, or financing of the cost of a public facility shall be partially or entirely the responsibility of the operator. (2) The governmental body may lease the public …

Sec. 4. If a governmental body enters into a BOT agreement that involves the construction of a public facility with public funds under this section, the construction of that public facility is subject to IC 4-13.6, IC 5-16, or IC 36-1-12, whichever is applicable. As added by P.L.…

Sec. 1. (a) The department may contract for the establishment of a statewide wireless public safety voice and data communications system. (b) The system must: (1) be efficient; (2) provide modern two (2) way voice or data communication to user agencies without a duplication of ef…

Sec. 2. If a public safety agency or other entity decides to use the system, the agency or other entity must enter into a user's agreement with the department. As added by P.L.117-1999, SEC.1. Amended by P.L.152-2026, SEC.61.

Sec. 3. (a) The department is responsible for the supervision of the statewide wireless public safety voice and data communications systems as follows: (1) Maintenance of the main wide area transmitter sites and interconnection links of the system. (2) Management of the system's …

Sec. 4. The department shall develop criteria for determining whether a public safety agency or other entity may use the system. The department may not prohibit a public safety agency from using the public safety agency's own public safety voice and data communications system. As…

Sec. 5. A public safety agency or other entity may join the system with the approval of the department. As added by P.L.117-1999, SEC.1. Amended by P.L.2-2003, SEC.33; P.L.66-2017, SEC.10; P.L.152-2026, SEC.64.

Sec. 6. (a) In addition to the powers enumerated in IC 5-26-2-5, the department has the following powers related to the system: (1) Ensuring that federal and state communications requirements are followed. (2) Providing system planning, including mutual aid planning and compatibi…

Sec. 8. (a) The department shall issue a request for proposals (RFP) (as defined in IC 5-22-2-28) for the purchase, or before issuing a change order, of any communications systems and equipment by the department that may be made available to public safety agencies. The communicat…

Sec. 1. A governmental body may accept electronic payment for a service, a tax, a license, a permit, a fee, information, or any other amount due the governmental body for a transaction conducted through the computer gateway administered by the office of technology established by …

Sec. 2. (a) A governmental body may enter into a contract with a provider company to enable the governmental body to accept an electronic payment. (b) A governmental body must use the provider company provided or specified by the office of technology established by IC 4-13.1-2-1 …

Sec. 3. (a) A governmental body may: (1) if the governmental body obtains the consent of each governmental body that is directly affected by the transaction, recognize the net amount remitted by the provider company as payment in full of an amount due the governmental entity for …

Sec. 1. The Indiana economic development corporation is established. As added by P.L.4-2005, SEC.34.

Sec. 2. (a) The corporation is a body politic and corporate, not a state agency but an independent instrumentality exercising essential public functions. (b) Except as provided in IC 5-11-1-9(k), the corporation and the corporation's funds, accounts, and financial affairs shall b…

Sec. 3. Employees of the corporation are not employees of the state. As added by P.L.4-2005, SEC.34.

Sec. 4. (a) The governor shall appoint the secretary of commerce, who shall serve at the pleasure of the governor. The secretary of commerce is the chief executive officer of the corporation. (b) The governor shall appoint the president of the corporation, who shall serve at the …

Sec. 1. At the time design services or construction services are to be provided under a design-build contract, a design-builder must: (1) be; (2) employ persons who are; or (3) have as a member of the team a person who is; licensed, registered, certified, or otherwise qualified t…

Sec. 2. A design-builder may contract with the public agency to provide design services and construction services that the design-builder is not itself licensed, registered, or qualified to perform if the design-builder provides the services through subcontracts with persons who …

Sec. 3. This article does not limit or eliminate the responsibility or liability imposed by Indiana law on a person providing design services to the public agency or other third parties. As added by P.L.74-2005, SEC.1.

Sec. 1. If a public agency chooses to use the procedures set forth in this article when performing a public works project, the public agency shall select a CMc as provided in this chapter. As added by P.L.128-2014, SEC.1.

Sec. 2. (a) The public agency shall issue a request for proposals. (b) Notice of a request for proposals shall be given as other notices are required to be given under the applicable public works statute. As added by P.L.128-2014, SEC.1.

Sec. 3. (a) A request for proposals must include at least the following: (1) A statement of the criteria, process, and procedures, which must include consideration of qualifications and fees, by which: (A) an offeror will be evaluated; (B) a CMc will be selected; and (C) a CMc co…

Sec. 4. Each offeror selected to meet with the evaluation committee, based on the evaluation committee's review of the RFP responses, must be given an equal opportunity to meet and communicate with the evaluation committee. As added by P.L.128-2014, SEC.1.

Sec. 5. A summary of the evaluation committee's evaluation of each offeror is subject to disclosure under IC 5-14-3, but only after the CMc contract has been awarded. As added by P.L.128-2014, SEC.1.

Sec. 6. If the public agency determines to proceed with the project, the public agency shall enter into negotiations with the offeror whose proposal has been selected by the evaluation committee considering: (1) the responses to the RFP; (2) any interviews with selected offerors;…

Sec. 7. A CMc may perform a part of the work only if: (1) the public agency approves of the CMc's performance of the work; (2) the CMc would be awarded a contract for the work under the applicable contract award standard; and (3) the CMc performs only such work that equals not mo…

Sec. 1. The Indiana destination development corporation is established. As added by P.L.78-2019, SEC.5.

Sec. 2. (a) The corporation is: (1) a public body corporate and politic; and (2) an instrumentality of the state. (b) The corporation is separate from the state. However, the exercise by the corporation of its powers is an essential governmental function. (c) The board may engage…

Sec. 3. (a) The corporation may do the following: (1) Cooperate with federal, state, and local governments and agencies in the coordination of programs to promote tourism. (2) Receive and expend funds, grants, gifts, and contributions of money, property, labor, and other things o…

Sec. 1. For each individual who receives a financial assistance award from the fund, the department shall, in each of the ten (10) taxable years following the taxable year in which the individual graduates from the qualified education program, determine the difference between the…

Sec. 2. If the amount determined in section 1 of this chapter for a particular taxable year is greater than zero (0), the department shall transfer an amount equal to the amount determined in section 1 of this chapter to INvestED Indiana for deposit in the fund. As added by P.L.1…

Sec. 3. A qualified education program and INvestED Indiana shall provide the department any information necessary for the department to carry out this chapter. The information shared under this section may be used only to make the determinations required by this chapter. As added…

Sec. 4. The department may adopt rules under IC 4-22-2 necessary to implement this chapter. As added by P.L.165-2021, SEC.65.

Sec. 1. Authorization. Each political subdivision without a retirement system for its employees may submit for approval by the state agency a plan for extending the Social Security Act to its employees. As added by Acts 1977, P.L.53, SEC.1.

Sec. 2. Approval of the Plan. The state agency shall approve the plan and any amendments if they conform to the agreement and the regulations of the state agency. The state agency may not finally disapprove a plan or terminate an approved plan without reasonable notice and opport…

Sec. 3. Required Elements of the Plan. The plan must: (1) be in conformity with the requirements of the Social Security Act and with the agreement; (2) provide that all services covered by the federal-state agreement in employment for the political subdivision is covered by the p…

Sec. 4. Ordinances. (a) Employees of a political subdivision without a retirement system are entitled to coverage by the Social Security Act if: (1) the governing body passes an ordinance or resolution which it submits to the state agency within ten (10) days after passage; (2) t…

Sec. 5. Participation in the Public Employees' Retirement Fund. A political subdivision which is eligible to become a participant in the public employees' retirement fund may be covered by the Social Security Act by becoming a participant as specified in IC 5-10.3-6. If the polit…

Sec. 1. (a) Except as provided in IC 5-10.2-4-8(e), each member's creditable service, for the purpose of computing benefits under this article, consists of all service in a position covered by a retirement fund plus all other service for which the retirement fund law gives credit…

Sec. 1.2. (a) A member who has earned at least ten (10) years of service in a position covered by PERF, TRF, or a combination of the two (2) funds may purchase one (1) year of service credit for each five (5) years of service that the member has completed in a position covered by…

Sec. 10. (a) To the extent permitted by the Internal Revenue Code and the applicable regulations, the fund may accept, on behalf of any member, a rollover distribution from any of the following: (1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Re…

Sec. 2. (a) Subject to IC 5-10.2-2-1.5, as used in this section, "compensation" means: (1) the basic salary earned by and paid to the member; plus (2) the amount that would have been a part of the basic salary earned and paid except for the member's salary reduction agreement est…

Sec. 3. (a) This section: (1) does not apply to a retired member who begins a period of reemployment in a covered position more than thirty (30) days after the member's retirement, except as provided in subdivision (2); or (2) applies to the entire period of reemployment for a re…

Sec. 5. (a) A member may suspend the member's membership in the applicable fund if the member terminates employment and is not currently employed in a covered position with the applicable fund. (b) After five (5) continuous years in which the member performs no service, the membe…

Sec. 6. (a) After a member is suspended under section 5 of this chapter, the member is entitled to withdraw in a lump sum all or part of the amount of the member's contributions plus interest credited to the member. (b) Except as provided in subsection (d), the suspended member's…