Indiana § 1-1-15-5 - Prohibited person; contracts

§ 1-1-15-5. Prohibited person; contracts

Sec. 5. A prohibited person is not considered responsible or best for purposes of determining whether a bidder or offeror is responsible or best under any of the following:

(1) IC 4-13.6.

(2) IC 5-16.

(3) IC 5-22.

(4) IC 8-23-9.

(5) IC 36-1-12.

(6) Any other statute under which a state agency or political subdivision awards a contract.

As added by P.L.8-2020, SEC.1.

IC 1-1-15.3Chapter 15.3. Prohibition on Technology Contracts with Certain Foreign Owned Companies

1-1-15.3-1"Business entity" 1-1-15.3-2"Controlling person" 1-1-15.3-3"Foreign adversary" 1-1-15.3-4"Prohibited person" 1-1-15.3-5"Qualified entity" 1-1-15.3-6"Technological product or service" 1-1-15.3-7Required contract provisions; breach of contract

IC 1-1-15.3-1"Business entity" Sec. 1. As used in this chapter, "business entity" means:

(1) a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or limited partnership; or

(2) the equivalent of any entity described in subdivision (1).

As added by P.L.131-2026, SEC.1.

IC 1-1-15.3-2"Controlling person" Sec. 2. As used in this chapter, "controlling person" means:

(1) a beneficial owner (as defined in IC 23-1-20-3.5) of at least fifty-one percent (51%) of the shares of a business entity;

(2) an officer, a director, or another individual who possesses inside information about a business entity because of the officer, director, or other individual's relationship with the business entity; or

(3) a person, individually or as a member of a group, who has the ability to directly or indirectly affect a business entity's management or policies.

As added by P.L.131-2026, SEC.1.

IC 1-1-15.3-3"Foreign adversary" Sec. 3. As used in this chapter, "foreign adversary" includes the following:

(1) The People's Republic of China.

(2) The Russian Federation.

(3) The People's Republic of North Korea.

(4) The Islamic Republic of Iran.

(5) A foreign government listed in 15 CFR 791.4.

(6) A country designated as a threat to critical infrastructure by the governor under IC 1-1-16-8.

As added by P.L.131-2026, SEC.1.

IC 1-1-15.3-4"Prohibited person" Sec. 4. (a) As used in this chapter, "prohibited person" includes the following:

(1) A business entity organized under the laws of a foreign adversary.

(2) A business entity headquartered in a foreign adversary.

(3) A business entity with a controlling person that is one (1) of the following:

(A) An individual who is a citizen of a foreign adversary.

(B) An individual who is domiciled in a foreign adversary.

(C) A business entity or other entity, including a governmental entity, that is owned or controlled by an individual who is a citizen of or domiciled in a foreign adversary, or is directly controlled by the government of a foreign adversary.

The term, as used in subdivision (3)(A) and (3)(B), does not include an individual who holds dual citizenship with a foreign adversary (as defined in 15 CFR 791.4) and the United States, an individual who is a citizen or lawful permanent resident of the United States, or an individual who has been granted asylum in the United States.

(b) The term includes an agent, a trustee, or a fiduciary acting on behalf of a prohibited person.

As added by P.L.131-2026, SEC.1.

IC 1-1-15.3-5"Qualified entity" Sec. 5. As used in this chapter, "qualified entity" means any of the following:

(1) The state.

(2) A state agency (as defined in IC 1-1-15-3).

(3) A political subdivision (as defined in IC 36-1-2-13).

As added by P.L.131-2026, SEC.1.

IC 1-1-15.3-6"Technological product or service" Sec. 6. (a) As used in this chapter, "technological product or service" means a product or service used for information systems, surveillance, light detection and ranging, or artificial intelligence.

(b) The term does not include an unmanned aerial system.

As added by P.L.131-2026, SEC.1.

IC 1-1-15.3-7Required contract provisions; breach of contract Sec. 7. (a) After:

(1) June 30, 2026, a new contract entered into; and

(2) June 30, 2027, an existing contract amended or renewed;

by a qualified entity for the provision of a technological product or service must contain a provision requiring the contractor to confirm that the contractor and any subcontractors working under the contract for the contractor are not prohibited persons.

(b) A breach of the provisions under this section may be regarded as a material breach of the contract.

As added by P.L.131-2026, SEC.1.

IC 1-1-15.5Chapter 15.5. Expiration of Boards, Commissions, Committees, and Task Forces Created by General Assembly

1-1-15.5-1Applicability 1-1-15.5-2"Committee" 1-1-15.5-3Expiration for failure to meet 1-1-15.5-4Reporting requirement; exceptions

IC 1-1-15.5-1Applicability Sec. 1. This chapter applies to a committee created by statute adopted after June 30, 2023.

As added by P.L.138-2023, SEC.1.

IC 1-1-15.5-2"Committee" Sec. 2. As used in this chapter, "committee" refers to any board, commission, committee, or task force created in a statute adopted by the general assembly. The term includes a committee created to study or advise the general assembly with regard to establishing or entering into an interstate compact. The term does not include a committee established as an instrumentality of the compact states in the statute creating the interstate compact.

As added by P.L.138-2023, SEC.1.

IC 1-1-15.5-3Expiration for failure to meet Sec. 3. If a committee does not conduct a meeting within two (2) years after the effective date of the statute establishing the committee, the committee expires.

As added by P.L.138-2023, SEC.1.

IC 1-1-15.5-4Reporting requirement; exceptions Sec. 4. (a) This section does not apply to:

(1) the governor's workforce cabinet established by IC 4-3-27-3;

(2) the budget committee established by IC 4-12-1-3;

(3) the simplified sales and use tax agreement entered into in accordance with IC 6-2.5-11-5;

(4) the Indiana state board of education established by IC 20-19-2-2.1;

(5) the Indiana School for the Blind and Visually Impaired board established by IC 20-21-3-1;

(6) the Indiana School for the Deaf board established by IC 20-22-3-1;

(7) a county redistricting commission established under IC 36-2-2-4;

(8) an economic enhancement district board established under IC 36-7-40-5; or

(9) the Indiana protection and advocacy services commission established by IC 12-28-1-6.

(b) On or before July 1, 2027, and July 1 biennially thereafter, a committee that:

(1) is established by the Indiana Code;

(2) contains at least one (1) member of the general assembly, other than a legislative standing committee or an interim study committee under IC 2-5;

(3) is authorized to exist for at least two (2) years; and

(4) does not have an annual reporting requirement, other than the requirements provided in this section, to the executive branch, judicial branch, or the general assembly;

shall submit a report to the executive director of the legislative services agency in an electronic format under IC 5-14-6 for review by the interim committee on government in accordance with IC 2-5-1.3-13(g).

(c) The report under subsection (b) shall describe:

(1) official action taken; and

(2) actionable items considered;

by the committee during the preceding two (2) years.

As added by P.L.161-2025, SEC.1.

IC 1-1-16Chapter 16. Critical Infrastructure: Prohibited Contracts and Land Sales to Certain Foreign Owned Companies and Foreign Individuals

1-1-16-1"Company" 1-1-16-2"Council" 1-1-16-3"Critical infrastructure" 1-1-16-4"Cybersecurity system" 1-1-16-5"Military installation" 1-1-16-6"Prohibited person" 1-1-16-7"Qualified entity" 1-1-16-8Assessment and designation of threat to critical infrastructure 1-1-16-9Prohibited agreement concerning critical infrastructure 1-1-16-10Prohibited purchase, lease, or acquisition adjacent to military installation 1-1-16-10.2Prohibited purchase, lease, or acquisition within a ten mile radius of a military installation 1-1-16-11Investigation and enforcement; receivership; liability; effect of divestiture