Ind. Code ch. 5-13-10.5

Ind. Code ch. 5-13-10.5
in effect

Ind. Code § 5-13-10.5-0.3 Legalization of certain actions

Sec. 0.3. Actions taken after June 30, 2007, and before March 24, 2008, that would have been valid under section 3 of this chapter, as amended by P.L.115-2008, are legalized and validated. As added by P.L.220-2011, SEC.95.

Ind. Code § 5-13-10.5-1 Applicability of chapter

Sec. 1. This chapter applies to the following funds: (1) Funds raised by bonds issued for a future specific purpose. (2) Sinking funds. (3) Depreciation reserve funds. (4) Gifts. (5) Bequests or endowments. (6) Any other funds available for investment. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-2 Authorization for investment and reinvestment of funds

Sec. 2. In addition to any other statutory power to make investments under any other law: (1) the treasurer of state, under the guidelines established by the state board of finance and the Indiana local government investment pool board; and (2) any other public officer of the state authorized by statute or court order to make investments; may invest or reinvest funds held by the treasurer of state or other public officer in any combination of the investments authorized under this chapter. In making the investment, the public official shall comply with the requirements in this chapter that apply to the investment. As added by P.L.18-1996, SEC.23. Amended by P.L.213-2025, SEC.64.

Ind. Code § 5-13-10.5-3 Final maturity; percentage of investments outstanding; investment advisers and money managers; investment of money from transportation corridor fund

Sec. 3. (a) Except as provided in subsection (b), investments under this chapter may be made only in securities having a stated final maturity of two (2) years or less from the date of purchase. (b) The treasurer of state may make investments in securities having a final maturity or redemption date that is more than two (2) years and not more than five (5) years after the date of purchase or subscription. After an investment is made under this subsection, the total investments outstanding under this subsection may not exceed twenty-five percent (25%) of the total portfolio of funds invested by the treasurer of state. However, an investment that complies with this subsection when the investment is made remains legal even if a subsequent decrease in the total portfolio invested by the treasurer of state causes the percentage of investments outstanding under this subsection to exceed twenty-five percent (25%). The treasurer of state may contract with federally regulated investment advisers and other institutional money managers to make investments under this section. (c) Unless prohibited under federal law, the treasurer of state shall invest under subsection (b) the funds of the transportation corridor fund established by IC 8-4.5-3-7. The treasurer of state may invest other funds held by the state in compliance with subsection (b). As added by P.L.18-1996, SEC.23. Amended by P.L.46-1997, SEC.15; P.L.220-2003, SEC.3; P.L.115-2008, SEC.14.

Ind. Code § 5-13-10.5-4 Protection of interests of funds

Sec. 4. A public officer making an investment under this chapter may sell any securities acquired and may take any action necessary to protect the interests of the funds invested, including the exercise of exchange privileges that may be granted with respect to maturing securities if the new securities offered in exchange meet the requirements for initial investment. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-5 Legal custodian; safekeeping receipts

Sec. 5. (a) The treasurer of state is the legal custodian of securities under this chapter. The treasurer of state shall accept safekeeping receipts or other reporting for securities from: (1) a duly designated depository as prescribed in this article; or (2) a financial institution located either in or out of Indiana having physical custody of securities with a combined capital and surplus of at least ten million dollars ($10,000,000) according to the last statement of condition filed by the financial institution with its governmental supervisory body. (b) The state board of accounts may rely on safekeeping receipts or other reporting from any depository or financial institution. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-6 Restrictions on public officers

Sec. 6. A public officer of the state may not do the following: (1) Purchase securities on margin. (2) Open a securities margin account for the investment of public funds. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-7 Investment in securities; cost in excess of par

Sec. 7. (a) A public officer of the state may invest or reinvest funds held by the officer and available for investment in securities that are: (1) backed by the full faith and credit of the United States Treasury or fully guaranteed by the United States; and (2) issued by any of the following: (A) The United States Treasury. (B) A federal agency. (C) A federal instrumentality. (D) A federal government sponsored enterprise. (b) If an investment under subsection (a) is made at a cost in excess of the par value of the securities purchased, any premium paid for the securities shall be deducted from the first interest received and returned to the fund from which the investment was purchased, and only the net amount is considered interest income. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-8 Investment in deposit accounts

Sec. 8. (a) A public officer of the state may invest or reinvest funds held by the officer and available for investment in deposit accounts issued or offered by a designated depository. Investments under this subdivision by the treasurer of state are governed by IC 5-13-10. (b) Investments in deposit accounts under subsection (a) must be in the amounts, and for the rates and terms, as are agreed upon from time to time by the officer making the investment and the designated depository. (c) Investments made in accordance with subsection (a) and the interest earned or accrued on them are public funds and are covered by the insurance fund. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-9 Investment in repurchase or resale agreements; collateral

Sec. 9. (a) A public officer of the state may invest any funds held by the officer and available for investment into agreements, commonly known as repurchase or resale agreements with depositories designated by the state board of finance as depositories for state deposits, involving the purchase and guaranteed resale of any interest-bearing obligations that are: (1) issued; or (2) fully insured or guaranteed; by the United States, any United States government agency, any instrumentality of the United States government, or any federal government sponsored enterprise. The amount of money in this type of agreement must be fully collateralized by interest-bearing obligations as determined by the current market value computed on the day on which a transaction is effective. (b) The collateral for the type of agreement described in subsection (a) is not subject to the maturity limitation in section 3 of this chapter. As added by P.L.18-1996, SEC.23. Amended by P.L.46-1997, SEC.16; P.L.134-2000, SEC.2.

Ind. Code § 5-13-10.5-10 Investment in obligations issued; assumed or guaranteed by supranational issuers

Sec. 10. A public officer of the state may invest or reinvest funds that are held by the public officer and available for investment in United States dollar denominated obligations issued, assumed, or guaranteed as to the payment of principal and interest by: (1) supranational issuers having the highest investment credit rating by at least two (2) nationally recognized credit rating agencies; or (2) the State of Israel. As added by P.L.18-1996, SEC.23. Amended by P.L.220-2003, SEC.4; P.L.102-2014, SEC.3.

Ind. Code § 5-13-10.5-11 Investment in other obligations

Sec. 11. The treasurer of state may invest or reinvest funds that are held by the treasurer and that are available for investment in obligations issued by any of the following: (1) Agencies or instrumentalities of the United States government. (2) Federal government sponsored enterprises. (3) The Indiana bond bank, if the obligations are secured by tax anticipation time warrants or notes that: (A) are issued by a political subdivision (as defined in IC 36-1-2-13); and (B) have a maturity date not later than the end of the calendar year following the year of issuance. As added by P.L.18-1996, SEC.23. Amended by P.L.1-2004, SEC.2 and P.L.23-2004, SEC.2.

Ind. Code § 5-13-10.5-11.5 Treasurer of state may invest

Sec. 11.5. The treasurer of state may invest or reinvest funds that are held by the treasurer and that are available for investment in commercial paper rated in the highest rating category by one (1) nationally recognized rating service and with a stated final maturity of two hundred seventy (270) days or less from the date of purchase. As added by P.L.220-2003, SEC.5.

Ind. Code § 5-13-10.5-12 Investment in participations in loans

Sec. 12. (a) The treasurer of state may invest or reinvest any funds that are held by the treasurer and available for investment, in participations in loans. However, funds may be invested or reinvested in a participation in loans under this subsection only under the following conditions: (1) The principal of the participation in loans must be guaranteed by an agency or instrumentality of the United States government. (2) The participation in loans must be represented by a certificate issued by a bank that is: (A) incorporated under the laws of Indiana, another state, or the United States; and (B) insured by the Bank Insurance Fund of the Federal Deposit Insurance Corporation. (b) Funds may be invested or reinvested in a participation in loans under subsection (a) even if the certificate representing the participation in loans is not insured by the Bank Insurance Fund of the Federal Deposit Insurance Corporation. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-13 Lending securities

Sec. 13. The treasurer of state may lend any securities acquired under section 7 or 11 of this chapter. However, securities may be lent under this section only if the agreement under which the securities are lent is collateralized by: (1) cash; or (2) non-cash collateral if the state is indemnified by the custodian holding the non-cash collateral; in excess of the total market value of the loaned securities. As added by P.L.18-1996, SEC.23. Amended by P.L.102-2014, SEC.4.

Ind. Code § 5-13-10.5-14 Designation of fund

Sec. 14. The board of trustees of a state university may designate the fund to which the interest of its investments shall be receipted. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-15 Public depository insurance assessment

Sec. 15. Any public depository insurance assessment paid by a depository on any deposit account of the state under IC 5-13-12-5 shall be deducted from the interest otherwise payable on that account. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-16 Interest from investments

Sec. 16. Interest from the investment of the public funds of the state may not be paid personally or for the benefit of any public officer. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-17 Service charge

Sec. 17. Any public officer of the state that makes a deposit in any deposit or other account may be required to pay a service charge to the depository in which the funds are deposited, if the depository requires all customers to pay the charge for providing that service. If the total service charge cannot be computed before the investment, the investing officer of the state shall estimate the service charge and adjust the interest rate based on this estimate. The service charge may be paid by direct charge to the deposit or other account or in any other manner mutually agreed upon by the investing officer and the depository. As added by P.L.18-1996, SEC.23.

Ind. Code § 5-13-10.5-18 Investment in capital improvement board obligations; application; terms of investment; payments to bid fund; discharge of unpaid interest under certain conditions

Sec. 18. (a) As used in this section, "capital improvement board" refers to a capital improvement board established under IC 36-10-9. (b) To qualify for an investment under this section, the capital improvement board must apply to the treasurer of state in the form and manner required by the treasurer. As part of the application, the capital improvement board shall submit a plan for its use of the investment proceeds and for the repayment of the capital improvement board's obligation to the treasurer. Within sixty (60) days after receipt of each application, the treasurer shall consider the application and review its accuracy and completeness. (c) If the capital improvement board makes an application under subsection (b) and the treasurer approves the accuracy and completeness of the application and determines that there is an adequate method of payment for the capital improvement board's obligations, the treasurer of state shall invest or reinvest funds that are held by the treasurer and that are available for investment in obligations issued by the capital improvement board for the purposes of the capital improvement board in calendar years 2009, 2010, and 2011. The investment may not exceed nine million dollars ($9,000,000) per calendar year for 2009, 2010, and 2011. (d) The treasurer of state shall determine the terms of each investment and the capital improvement board's obligation, which must include the following: (1) Subject to subsections (f) and (g), the duration of the capital improvement board's obligation, which must be for a term of ten (10) years with an option for the capital improvement board to pay its obligation to the treasurer early without penalty. (2) Subject to subsections (f) and (g), the repayment schedule of the capital improvement board's obligation, which must provide that no payments are due before January 1, 2013. (3) A rate of interest to be determined by the treasurer. (4) The amount of each investment, which may not exceed the maximum amounts established for the capital improvement board by this section. (5) Any other conditions specified by the treasurer. (e) The capital improvement board may issue obligations under this section by adoption of a resolution and, as set forth in IC 5-1-14, may use any source of revenue to satisfy the obligation to the treasurer of state under this section. This section constitutes complete authority for the capital improvement board to issue obligations to the treasurer. If the capital improvement board fails to make any payments on the capital improvement board's obligation to the treasurer, the amount payable shall be withheld by the state comptroller from any other money payable to the capital improvement board. The amount withheld shall be transferred to the treasurer to the credit of the capital improvement board. (f) Subject to subsection (g), if all principal and interest on the obligations issued by the capital improvement board under this section in calendar year 2009, are paid before July 1, 2015, the term of the obligations issued by the capital improvement board to the treasurer of state in calendar year 2010 is extended until 2025. The treasurer of state shall discharge any remaining unpaid interest on the obligation issued by the capital improvement board to the treasurer of state in 2009, if the capital improvement board submits payment of the principal amount to the treasurer of state before the stated final maturity of that obligation. (g) This subsection applies if the capital improvement board before July 1, 2015, adopts a resolution: (1) to establish a bid fund to be used to assist the capital improvement board, the Indianapolis Convention and Visitors Association (VisitIndy), or the Indiana Sports Corporation in securing conventions, sporting events, and other special events; and (2) to designate that principal and interest payments that would otherwise be made on the obligation issued by the capital improvement board under this section in calendar year 2010 shall instead be deposited in the bid fund. If the requirements of subdivisions (1) and (2) are satisfied and the capital improvement board deposits in the bid fund amounts equal to the principal and interests payments that would otherwise be made under the repayment schedule on the obligations issued by the capital improvement board under this section in calendar year 2010, the capital improvement board is not required to make those principal and interests payments to the treasurer of state at the time required under the repayment schedule. The amounts must be deposited in the bid fund not later than the time the principal and interest payments would otherwise be due to the treasurer of state under the repayment schedule. The state board of accounts shall examine the bid fund under IC 5-11-1 to determine the amount of deposits made to the bid fund under this subsection and to ensure that the money deposited in the bid fund is used only for purposes authorized by this subsection. To the extent that the capital improvement board does not deposit in the bid fund an amount equal to a payment of principal and interest that would otherwise be due under the repayment schedule on the obligations issued by the capital improvement board under this section in calendar year 2010, the capital improvement board must make that payment of principal and interest to the treasurer of state as provided in this section. If the capital improvement board deposits in the bid fund amounts equal to the payments of principal and interest that would otherwise be due under the repayment schedule on the obligations issued by the capital improvement board under this section in calendar year 2010, the capital improvement board is only required to repay to the treasurer of state the principal amount of the obligation. As added by P.L.182-2009(ss), SEC.78. Amended by P.L.213-2015, SEC.64; P.L.204-2016, SEC.8; P.L.188-2016, SEC.6; P.L.85-2017, SEC.10; P.L.9-2024, SEC.139.

Ind. Code § 5-13-10.5-19 Investment in capital improvement board obligations; repayment using restricted deposits and certain tax revenue; terms

Sec. 19. (a) This section applies after July 1, 2025, if: (1) the: (A) capital improvement board of managers; and (B) a professional sports franchise that is part of the National Basketball Association; enter into a new agreement of at least twenty-five (25) years before April 20, 2019; (2) the increase in the tax rate imposed under IC 6-6-9.7-7(e) by the city-county council continues in effect through December 31, 2040; (3) the increase in the tax rate imposed under IC 6-9-13-2(c) by the city-county council continues in effect through December 31, 2040; and (4) the tax rate in effect under IC 6-9-8-3 is ten percent (10%). (b) As used in this section, "capital improvement board" refers to a capital improvement board of managers established under IC 36-10-9. (c) As used in this section, "restricted deposits" refers to any amount deposited into an excess revenues account established under an agreement described in IC 5-1-17-28. (d) For each state fiscal year beginning after June 30, 2025, and ending before July 1, 2037, the state budget director shall, before August 1, certify the amount of restricted deposits for the state fiscal year to the treasurer of state. (e) To qualify for an investment under this section, the capital improvement board must submit a request to the treasurer of state in the form and manner required by the treasurer of state. As part of the request, the capital improvement board shall include the agreement described in subsection (a)(1) and commit to repay the capital improvement board's obligation to the treasurer of state from: (1) all restricted deposits as restricted deposits are available to the capital improvement board; and (2) if, after the payment of all obligations owed by the capital improvement board to the office of management and budget under all subleases of capital improvements under IC 5-1-17-26, the restricted deposits are insufficient to fully repay the capital improvement board's obligation to the treasurer of state, each of the following, which shall be transferred to the treasurer of state until, in each case, the capital improvement board's obligation to the treasurer of state is fully paid: (A) All county supplemental auto rental excise tax revenues collected under IC 6-6-9.7-7(b) and IC 6-6-9.7-7(c). (B) All county innkeeper's tax revenues collected under IC 6-9-8-3(b) and IC 6-9-8-3(c). (C) All county food and beverage tax revenues collected under IC 6-9-12-5(a) and IC 6-9-12-5(b). If the capital improvement board fails to pay all of its obligations to the treasurer of state when due, the remaining amount owed shall be withheld by the state comptroller from any money available to the capital improvement board. The amount withheld shall be transferred to the treasurer of state to the credit of the capital improvement board. (f) If the capital improvement board makes a request under subsection (e), after review by the state budget committee, the treasurer of state shall approve the request and enter into an agreement with the capital improvement board under this section. (g) After the capital improvement board and the treasurer of state enter into an agreement under subsection (f), and after determining that restricted deposits have been deposited as described in subsection (e), the treasurer of state shall invest or reinvest funds from the state general fund in obligations issued by the capital improvement board. The terms of each investment and the capital improvement board's obligation must include the following items: (1) The duration of the agreement may begin not earlier than July 1, 2025, and terminate no later than July 1, 2037. (2) Before September 1 of each state fiscal year of the agreement, the treasurer of state shall invest or reinvest funds from the state general fund in obligations issued by the capital improvement board in amounts requested by the capital improvement board but not to exceed the amount of restricted deposits certified by the budget director for the state fiscal year to the capital improvement board and the amount shall be included in the capital improvement board's obligation under this section. (3) In no event may the amount invested or reinvested under subdivision (2) exceed the excess of the amount then on deposit in the excess revenues account described in subsection (c) over the aggregate of any prior investments by the treasurer of state, including any accrued and unpaid interest on the prior investments by the treasurer of state, but not including the principal amount on any prior investments that have been repaid by the capital improvement board. (4) The rate of interest shall be set by the treasurer of state, at a rate then currently applicable to a United States Treasury note that has payment terms that are substantially the same as the obligation being issued by the capital improvement board. (5) The capital improvement board shall pay its total obligation, with interest, to the treasurer of state no later than June 30, 2040. (h) The capital improvement board may issue obligations under this section by adoption of a resolution and, as set forth in IC 5-1-14, may use any source of revenue to satisfy the obligation to the treasurer of state under this section. This section constitutes complete authority for the capital improvement board to issue obligations to the treasurer of state. (i) The capital improvement board's obligations to the treasurer of state entered into under this section shall not be considered debt for purposes of IC 36-1-15. (j) This section expires on the later of: (1) July 1, 2041; or (2) the date on which all obligations owed by the capital improvement board to the treasurer of state under this section are paid in full. As added by P.L.109-2019, SEC.3. Amended by P.L.9-2024, SEC.140.

Ind. Code § 5-13-10.5-20 Rail project financing; bond issuance; lease back; term of bonds; capital investment grant; expiration

Sec. 20. (a) The following definitions apply throughout this section: (1) "Bonds" means bonds of the IFA issued under IC 5-1.3-6-1(a). (2) "Construction" means constructing, acquiring, renovating, rehabilitating, reconstructing, improving, extending, and equipping a rail project. (3) "Costs" has the meaning set forth in IC 5-1.3-2-5. (4) "FTA" means the Federal Transit Administration. (5) "IFA" means the Indiana finance authority established by IC 5-1.2-3. (6) "NICTD" means the northern Indiana commuter transportation district established under IC 8-5-15. (7) "NWIRDA" means the northwest Indiana regional development authority established under IC 36-7.5-2-1. (8) "Rail project" has the meaning set forth in IC 5-1.3-2-14. (b) This section applies if the IFA, the NWIRDA, and NICTD enter into an agreement, pursuant to which: (1) the IFA agrees to issue bonds pursuant to a trust agreement between the IFA and a corporate trustee for the purpose of financing the costs of construction of a rail project before the award of a capital investment grant for such a rail project by the FTA; (2) NICTD agrees to lease to the NWIRDA any real estate on which the rail project is or will be located and any existing improvements on the real estate; (3) the NWIRDA agrees to lease to the IFA any or all of its leasehold interests described in subdivision (2); (4) the IFA agrees to lease back to the NWIRDA any or all of its leasehold interests described in subdivision (3), and pursuant to the lease the NWIRDA agrees to pay any rent due under the lease from any available revenues of the NWIRDA, including revenues derived from the interlocal agreements or from other actions taken by local governmental entities within Lake County offering to provide revenue under IC 6-3.6-11-7 to support and finance a rail project; and (5) the NWIRDA agrees to lease to NICTD any or all of its leasehold interests described in subdivision (2); all in accordance with IC 5-1.3-5 and IC 5-1.3-6. (c) To qualify for an investment under this section, the IFA must submit a request to the treasurer of state in the form and manner required by the treasurer of state. As part of the request, the IFA shall include the agreement described in subsection (b) and commit to pay the IFA's obligation to the treasurer of state solely from the security, which consists solely of the rent payable by the NWIRDA under the lease described in subsection (b)(4), provided for in the bonds to be issued by the IFA and to be acquired by the treasurer of state. (d) If the IFA makes a request under subsection (c), after review by the budget committee established by IC 4-12-1-3, the treasurer of state shall approve the request and agree to acquire the bonds, which may consist of draw-down bonds, pursuant to which the treasurer of state shall provide proceeds at the request of the IFA. The maximum principal amount of the bonds shall be two hundred five million dollars ($205,000,000). (e) The sole source of funds available to the treasurer of state to acquire the bonds consists of the transfers made to the treasurer of state from the northern Indiana commuter rail account established under IC 8-14-14.3-5. (f) The maximum term of the bonds, including all draws under the bonds, is twenty-five (25) years. The rate of interest borne by each draw under the bonds shall be set by the treasurer of state, at a rate then currently applicable to a United States Treasury note that has payment terms that are substantially the same as the bonds. No principal and interest are due under the bonds until the date six (6) months after, nor shall any interest accrue on the bonds until the earlier of: (1) the date that the rail project being financed with the bonds has been abandoned as determined by the budget director appointed under IC 4-12-1-3; or (2) the date on which it has been determined by the budget director that the FTA will not award a capital investment grant for the rail project. (g) If the FTA awards a capital investment grant for the rail project financed by the bonds and the IFA issues additional bonds, which are secured by a lease with the NWIRDA, the payment of rent under the lease is payable from any available revenues of the NWIRDA, including revenues derived from the interlocal agreements or from other actions taken by local governmental entities within Lake County offering to provide revenue under IC 6-3.6-11-7 to support and finance a rail project, the principal of and any interest due on the bonds shall be entirely forgiven by the treasurer of state. (h) This section expires on the later of: (1) July 1, 2045; or (2) the earlier of: (A) the date on which the principal of and interest on the bonds acquired by the treasurer of state under this section are paid in full; or (B) the date on which it has been determined by the budget director, the IFA, and the treasurer of state that the obligation of the NWIRDA to pay rent under the lease securing the bonds has been paid in full. As added by P.L.108-2019, SEC.99.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026