Ind. Code § 5-1.2-5-1 Applicability
Sec. 1. This chapter does not apply to the authority when acting under any other statute for any other purpose.
As added by P.L.189-2018, SEC.25.
Ind. Code ch. 5-1.2-5
Ind. Code ch. 5-1.2-5
in effectInd. Code § 5-1.2-5-2 Facilities for state agencies; request; findings; authorization
Sec. 2. At the request of the department of administration, the authority may provide for facilities for state agencies or branches of state government if the general assembly, by statute:
(1) finds that the state needs renovation, refurbishing, or alteration of existing facilities or construction of additional facilities; and
(2) authorizes the authority to provide for the facilities.
In providing for the facilities, the authority shall proceed under this chapter.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-3 Authorization to transfer real property; department of administration
Sec. 3. To accomplish the governmental purposes of this chapter, the department of administration or applicable state agency may convey, transfer, or sell, with or without consideration, real property (including the buildings, structures, and improvements), title to which is held in the name of the state, to the authority, without being required to advertise or solicit bids or proposals.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-4 Department of administration; contracts with the authority; state facility projects
Sec. 4. The department of administration may enter into a contract with the authority to renovate, refurbish, or alter a state facility owned by the state without advertising or soliciting bids or proposals under IC 4-13.6 or IC 5-22. However, in accomplishing the project to renovate, refurbish, or alter a state facility owned by the state, the authority shall comply with IC 4-13.5-1-8.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-5 Authority may borrow money
Sec. 5. The authority may borrow money from the public deposits insurance fund, a bank, an insurance company, an investment company, or any other person to carry out this chapter. The authority shall negotiate the terms of the loan contract.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-6 Authority may issue and sell bonds
Sec. 6. (a) For the purpose of providing money to carry out the provisions of this chapter with respect to:
(1) the construction and equipment of a state facility;
(2) acquiring or providing a site or sites; or
(3) the refunding of any bonds or payment of any loan contract of the authority;
the authority may, by resolution, issue and sell interest-bearing revenue bonds of the authority.
(b) The proceeds of the revenue bonds are appropriated for and may be used for the purpose for which the bonds may be issued under this chapter. The proceeds shall be deposited and disbursed in accordance with any provisions and restrictions that the authority may provide in:
(1) the resolution or trust indenture authorizing:
(A) the issuance of the bonds in the first instance; or
(B) the issuance of any refunding bonds; or
(2) a trust indenture authorized and approved by resolution of the authority.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-7 Authority may enter into contracts; exempt from certain rules
Sec. 7. Except for persons the authority considers necessary to prepare complete plans and specifications necessary for bidding for construction, the authority may not enter into:
(1) a contract for the performance of work, other than a contract of employment with a professional person or a commission employee; or
(2) a contract for the purchase or sale of materials or supplies;
without complying with IC 4-13-2 and the rules and procedures of the department of administration.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-8 Approval of plans; department of administration
Sec. 8. (a) The authority shall consider economy of operation to the extent practicable in preparing and approving plans and specifications. The authority shall present plans and specifications for a state facility for approval to the department of administration and:
(1) if the state facility is designed to house the supreme court or court of appeals, the administrator of the supreme court for approval by the courts; and
(2) if the state facility is a correctional facility, the department of correction.
(b) After the plans and specifications have been approved by the authority under subsection (a), the authority shall advertise for and receive construction bids and award contracts to the best bidders in the same manner as required by law for the department of administration.
(c) With regard to participation by minority and women's business enterprises (as defined in IC 4-13-16.5-1), the authority shall act in the same manner as required by law for the department of administration.
As added by P.L.189-2018, SEC.25. Amended by P.L.15-2020, SEC.12.
Ind. Code § 5-1.2-5-9 Allocation of space; department of administration; department of correction
Sec. 9. Except with respect to a correctional facility, the department of administration shall allocate space in each state facility to state agencies and departments of state government. The department of correction shall allocate space in correctional facilities under IC 11.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-10 Condemnation of property; procedures
Sec. 10. If the authority is unable to agree with the owners, lessees, or occupants of any real property selected for the purposes of this chapter, the authority may proceed to procure the condemnation of the property under IC 32-24-1. The authority may not institute a proceeding until the authority has adopted a resolution that:
(1) describes the real property sought to be acquired and the purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the acquisition by the authority of the property involved; and
(3) sets out any other facts that the authority considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the proposed acquisition and shall be referred to the attorney general for action, in the name of the authority, in the circuit or superior court of the county in which the real property is located.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-11 Use and occupancy agreements; negotiation; terms
Sec. 11. (a) Before or after the award of construction contracts, or the arranging of financing, the authority and the department of administration may negotiate a use and occupancy agreement. The budget agency, after consulting with the budget committee, must approve any use and occupancy agreement before the department of administration may execute the agreement. The use and occupancy agreement:
(1) must set forth the terms and conditions of the use and occupancy;
(2) must set forth the amounts agreed to be paid at stated intervals for the use and occupancy;
(3) must provide that the department of administration is not obligated to continue to pay for the use and occupancy but is instead required to vacate the state facility if it is shown that the terms and conditions of the use and occupancy and the amount to be paid for the use and occupancy are unjust and unreasonable considering the value of the services and facilities being provided;
(4) must provide that the department of administration is required to vacate the state facility if funds have not been appropriated or are not available to pay any sum agreed to be paid for use and occupancy when due;
(5) may provide for costs such as maintenance, operations, taxes, and insurance to be paid by the department of administration;
(6) may contain an option to renew the agreement;
(7) may contain an option to purchase the state facility for an amount equal to the amount required to pay the principal of and interest on indebtedness of the authority incurred on account of the state facility and expenses of the authority attributable to the state facility;
(8) may not provide for payment of sums for use and occupancy until the construction of the state facility has been completed and the state facility is available for use and occupancy by the department of administration; and
(9) may contain any other provisions agreeable to the authority and the department of administration.
(b) In determining just and reasonable amounts to be paid for the use and occupancy of the state facility under subsection (a)(3), the authority shall impose and collect amounts that in the aggregate will be sufficient to:
(1) pay the expenses of operation, maintenance, and repair of the state facility, to the extent that the expenses are not otherwise provided; and
(2) leave a balance of revenues from the state facility to pay the principal of and interest (including any reserve or sinking funds) on bonds or loans as they become due and retire them at or before maturity.
(c) The department of administration may negotiate and execute a use and occupancy agreement for all or any state agencies or branches of state government.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-12 State facilities; operation; maintenance; repair
Sec. 12. Unless the use and occupancy agreement provides otherwise, the department of administration shall provide for the operation, maintenance, and repair of each state facility.
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-13 Authorized projects by the General Assembly
Sec. 13. (a) The general assembly authorizes the authority to continue to undertake and complete a project for the construction, equipping, purchasing, or leasing for Central Indiana Neuro-Diagnostic Institute and Advanced Treatment Center to replace the Larue D. Carter Memorial Hospital, including the borrowing of money or the issuance and sale of bonds, or both.
(b) This section does not authorize any:
(1) additional construction; or
(2) issuance of additional bonds or other evidence of indebtedness;
other than as described in subsection (a).
As added by P.L.189-2018, SEC.25.
Ind. Code § 5-1.2-5-14 Feasibility study; authority may borrow money or issue bonds for project
Effective 7-1-2027.
Sec. 14. (a) The Indiana economic development corporation shall conduct a study on the feasibility of constructing, equipping, purchasing, leasing, renovating, refurbishing, or altering the Learning and Training Center located in Boone County.
(b) The authority may, after receiving the feasibility study required in subsection (a), undertake and complete a project for the construction, equipping, purchasing, leasing, renovation, refurbishing, or alteration of the Learning and Training Center located in Boone County, including, subject to subsection (c), the borrowing of money or the issuance and sale of bonds, or both.
(c) Before borrowing money or issuing bonds, the authority shall review the feasibility plan and cost estimate for the project and present the authority's findings to the budget committee.
(d) This section may not be construed to authorize any additional construction or issuance of additional bonds or other evidence of indebtedness other than that described in subsection (b).
(e) The authority may enter into a public-private agreement for the project.
As added by P.L.213-2025, SEC.60.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026