Indiana § 36-1-8-19 - Feasibility study and public hearing before construction or reconstruction of a county jail or submission of final plans and specification to the department of correction; exceptions

§ 36-1-8-19. Feasibility study and public hearing before construction or reconstruction of a county jail or submission of final plans and specification to the department of correction; exceptions

Sec. 19. (a) In addition to any other requirements and except as provided in subsection (b), after June 30, 2018, a county may not begin the construction or reconstruction of a county jail or submit final plans and specifications for the construction or reconstruction of a county jail to the department of correction under IC 11-12-4-5, unless the county executive first:

(1) prepares or causes to be prepared a feasibility study of possible alternatives to the construction or reconstruction of the county jail; and

(2) holds a public hearing on the feasibility study.

(b) The feasibility study and public hearing under subsection (a) are not required for the construction or reconstruction of a county jail in the case of a county in which the county executive before July 1, 2018, has voted on or otherwise approved a proposal or contract concerning the construction or reconstruction of the county jail.

(c) The feasibility study required by subsection (a)(1) must include the following information:

(1) The feasibility of housing inmates in the county jail of another county or in a multicounty jail established by two (2) or more counties.

(2) A projection of the county's future jail needs and an estimate of the number and characteristics of future inmates.

(3) An estimate of the costs, tax rates, and debt service amounts that would result from each of the alternatives addressed by the feasibility study.

(d) The county executive shall allow the public to testify at the public hearing on the feasibility study required by subsection (a)(1). Notice of the public hearing must be given in accordance with IC 5-3-1. The notice must state that on the given day, time, and place, the county executive will meet to discuss the feasibility study and hear testimony from the public regarding the feasibility study.

As added by P.L.184-2018, SEC.13.

IC 36-1-8.5Chapter 8.5. Restricted Addresses

36-1-8.5-1Applicability 36-1-8.5-1.5"Correctional services provider" 36-1-8.5-2"Covered person" 36-1-8.5-2.5"Employee of the department of child services" 36-1-8.5-3"Judge" 36-1-8.5-4"Law enforcement officer" 36-1-8.5-4.3"Program participant" 36-1-8.5-4.4"Public defender" 36-1-8.5-4.5"Public official" 36-1-8.5-5"Public property data base web site" 36-1-8.5-5.5Repealed 36-1-8.5-6Repealed 36-1-8.5-7Restricting home address access through web site 36-1-8.5-8Repealed 36-1-8.5-9Responsibilities of the unit to restrict access 36-1-8.5-10Change of name 36-1-8.5-11Confidentiality of information submitted to unit 36-1-8.5-12Immunity

IC 36-1-8.5-1Applicability Sec. 1. This chapter applies to all units.

As added by P.L.106-2013, SEC.2. Amended by P.L.91-2023, SEC.1.

IC 36-1-8.5-1.5"Correctional services provider" Sec. 1.5. As used in this chapter, "correctional services provider" means a person who provides:

(1) health care services; or

(2) mental health and addiction services;

to an individual who is lawfully detained (as described in IC 35-31.5-2-186) in a facility operated by the state or a political subdivision, regardless of whether the person is an employee or a contractor.

As added by P.L.238-2025, SEC.89.

IC 36-1-8.5-2"Covered person" Sec. 2. As used in this chapter, "covered person" means any of the following:

(1) A judge.

(2) A law enforcement officer.

(3) An address confidentiality program participant.

(4) A public official.

(5) The surviving spouse of a person described in subdivision (2), if the person was killed in the line of duty.

(6) An employee of the department of child services.

(7) A current or former probation officer.

(8) A current or former community corrections officer.

(9) A regular, paid firefighter or a volunteer firefighter (as defined in IC 36-8-12-2).

(10) A correctional services provider.

(11) A public defender.

(12) Any person who resides in the same household as a person described in this section.

As added by P.L.106-2013, SEC.2. Amended by P.L.191-2015, SEC.13; P.L.111-2019, SEC.4; P.L.243-2019, SEC.22; P.L.115-2021, SEC.3; P.L.91-2023, SEC.2; P.L.180-2023, SEC.1; P.L.238-2025, SEC.90; P.L.40-2026, SEC.10.

IC 36-1-8.5-2.5"Employee of the department of child services" Sec. 2.5. As used in this chapter, "employee of the department of child services" means an individual who is or was employed as any of the following by the department of child services established by IC 31-25-1-1:

(1) A family case manager trainee.

(2) A family case manager.

(3) A family case manager supervisor.

(4) A local office director.

(5) A regional manager.

(6) A child services assistant.

(7) A child services attorney.

As added by P.L.243-2019, SEC.23.

IC 36-1-8.5-3"Judge" Sec. 3. As used in this chapter, "judge" means an individual who holds or formerly held office as:

(1) a judge of the supreme court, court of appeals, tax court, circuit court, superior court, municipal court, county court, federal court, probate court, or small claims court; or

(2) a magistrate, commissioner, or juvenile referee of a court.

As added by P.L.106-2013, SEC.2. Amended by P.L.14-2014, SEC.1; P.L.191-2015, SEC.14; P.L.133-2020, SEC.10.

IC 36-1-8.5-4"Law enforcement officer" Sec. 4. As used in this chapter, "law enforcement officer" means an individual who is employed or was formerly employed as:

(1) a police officer (including a tribal police officer, a correctional police officer, and a hospital police officer employed by a hospital police department established under IC 16-18-4), sheriff, constable, marshal, prosecuting attorney, special prosecuting attorney, special deputy prosecuting attorney, the securities commissioner, or the inspector general;

(2) a deputy of any of the persons specified in subdivision (1);

(3) an investigator for a prosecuting attorney or for the inspector general;

(4) a conservation officer;

(5) an enforcement officer of the alcohol and tobacco commission;

(6) an enforcement officer of the securities division of the office of the secretary of state; or

(7) a member in the military police force of the Indiana National Guard while exercising police powers in accordance with IC 10-16-23-3.

As added by P.L.106-2013, SEC.2. Amended by P.L.64-2022, SEC.12; P.L.122-2023, SEC.20; P.L.94-2026, SEC.85.

IC 36-1-8.5-4.3"Program participant" Sec. 4.3. As used in this chapter, "program participant" has the meaning set forth in IC 5-26.5-1-6.

As added by P.L.180-2023, SEC.2.

IC 36-1-8.5-4.4"Public defender" Sec. 4.4. As used in this chapter, "public defender" means an individual who is any of the following:

(1) An individual employed full time by a county as a public defender.

(2) An individual who maintains a full-time equivalent caseload, as certified by the Indiana commission on court appointed attorneys under IC 21-13-12-16, as a contractual or hourly public defender.

(3) The state public defender.

(4) A deputy of the state public defender.

(5) A chief public defender.

As added by P.L.40-2026, SEC.11.

IC 36-1-8.5-4.5"Public official" Sec. 4.5. As used in this chapter, "public official" means an individual who holds or formerly held office at any time during the preceding four (4) years in the executive or legislative branch of the state or federal government or a political subdivision of the state or federal government.

As added by P.L.191-2015, SEC.15.

IC 36-1-8.5-5"Public property data base web site" Sec. 5. As used in this chapter, "public property data base web site" means an Internet web site that:

(1) is available to the general public over the Internet;

(2) does not require registration, subscription, or the creation of a user name and password to search the web site; and

(3) connects a covered person's home address to the covered person's name, so that a search of the web site for the covered person's name discloses the covered person's home address.

As added by P.L.106-2013, SEC.2.

IC 36-1-8.5-5.5RepealedAs added by P.L.111-2019, SEC.5. Repealed by P.L.159-2020, SEC.71.

IC 36-1-8.5-6RepealedAs added by P.L.106-2013, SEC.2. Repealed by P.L.180-2023, SEC.3.

IC 36-1-8.5-7Restricting home address access through web site Sec. 7. (a) A covered person who wants to restrict access to the covered person's home address by means of a public property data base Internet web site must submit a written request to the unit that operates the public property data base Internet web site.

(b) A unit that operates a public property data base Internet web site, directly or through a third party, shall establish a process to prevent a member of the general public from gaining access to the home address of a covered person by means of the public property data base Internet web site.

(c) In establishing a process under subsection (b), a unit shall do all of the following:

(1) Determine which person or department of the unit will receive and process the request.

(2) Provide a method under which a covered person is notified of the procedure to be used to restrict or allow disclosure of the home address of the covered person under this chapter.

(d) A unit may charge a covered person a reasonable fee to make a written request under this section.

As added by P.L.106-2013, SEC.2. Amended by P.L.191-2015, SEC.16; P.L.111-2019, SEC.6; P.L.159-2020, SEC.72.

IC 36-1-8.5-8RepealedAs added by P.L.106-2013, SEC.2. Repealed by P.L.191-2015, SEC.17.

IC 36-1-8.5-9Responsibilities of the unit to restrict access Sec. 9. (a) This section applies to a covered person who has submitted a written request under section 7(a) of this chapter.

(b) A unit shall restrict access to the home address of a covered person until the covered person submits a written request to the unit to allow public access to the person's home address on the public property data base web site. The unit shall take reasonable steps to verify the authenticity of the written request, including requiring the covered person to provide appropriate identification.

As added by P.L.106-2013, SEC.2. Amended by P.L.191-2015, SEC.18; P.L.111-2019, SEC.7; P.L.159-2020, SEC.73.

IC 36-1-8.5-10Change of name Sec. 10. (a) This section applies to a covered person who:

(1) after submitting a state address confidentiality form or written request under section 7(a) of this chapter, obtains a change of name under IC 34-28-2; and

(2) notifies the unit in writing of the name change.

(b) The unit shall prevent a search by the general public of the public property data base web site from disclosing or otherwise associating the covered person's home address with the covered person's former name and new name. The unit may charge a reasonable fee to process a name change under this section.

As added by P.L.106-2013, SEC.2. Amended by P.L.191-2015, SEC.19; P.L.156-2020, SEC.135.

IC 36-1-8.5-11Confidentiality of information submitted to unit Sec. 11. A written request, notification of name change, or any other information submitted to the unit by a covered person under this chapter is confidential under IC 5-14-3-4(a).

As added by P.L.106-2013, SEC.2. Amended by P.L.111-2019, SEC.8; P.L.159-2020, SEC.74.

IC 36-1-8.5-12Immunity Sec. 12. A unit may not be held civilly liable for failure to timely restrict disclosure of an address under this chapter unless the unit's act or omission constitutes gross negligence or willful or wanton misconduct.

As added by P.L.106-2013, SEC.2.

IC 36-1-9Chapter 9. Repealed[Pre-Local Government Recodification Citations:

36-1-9-1Part new; formerly 5-17-1 part36-1-9-2Part new; formerly 5-17-1 part36-1-9-3Part new; formerly 5-17-1 part36-1-9-4Part new; formerly 5-17-1 part36-1-9-5Part new; formerly 5-17-1 part36-1-9-6Part new; formerly 5-17-1 part36-1-9-7Part new; formerly 5-17-1 part36-1-9-8Part new; formerly 5-17-1 part36-1-9-9Part new; formerly 5-17-1 part36-1-9-10Part new; formerly 5-17-1 part36-1-9-11Part new; formerly 5-17-1 part36-1-9-12Part new; formerly 5-17-2-6.]Repealed by P.L.49-1997, SEC.86.

IC 36-1-9.1Chapter 9.1. RepealedRepealed by P.L.49-1997, SEC.86.

IC 36-1-9.5Chapter 9.5. Qualifications of Bidders for Certain Contracts

36-1-9.5-1Application of chapter 36-1-9.5-2"Advertisement" defined 36-1-9.5-3"Applicant" defined 36-1-9.5-4"Application" defined 36-1-9.5-5"Award" defined 36-1-9.5-6"Bid bond" defined 36-1-9.5-7"Bidder" defined 36-1-9.5-8"Certificate of qualification" defined 36-1-9.5-9"Contract" defined 36-1-9.5-10"Contractor" defined 36-1-9.5-11"Entity" defined 36-1-9.5-12"Payment bond" defined 36-1-9.5-13"Performance bond" defined 36-1-9.5-14"Prequalification administrator" defined 36-1-9.5-15"Proposal" defined 36-1-9.5-16"Subcontractor" defined 36-1-9.5-17"Surety" defined 36-1-9.5-18"Unearned work" defined 36-1-9.5-19Qualification requirement; notice; prequalification by department of transportation 36-1-9.5-20Statement of experience; form; contents 36-1-9.5-21Investigation by entity 36-1-9.5-22New statement demand by entity; effect of noncompliance; incomplete or false information in prequalification application 36-1-9.5-23Statements; order considered; limitation 36-1-9.5-24Assets of contractor; sufficiency 36-1-9.5-25Qualifications necessary; determination 36-1-9.5-26Recommendation of prequalification administrator 36-1-9.5-27Notice of entity's decision; effective date of certificate 36-1-9.5-28Contractor evaluation forms; confidentiality 36-1-9.5-29Duration of certificate's validity; expiration date 36-1-9.5-30Notice of nonissuance of certificate 36-1-9.5-31Change in contractor's circumstances during certificate validity period; notice to prequalification administrator 36-1-9.5-32Personal interview of contractor by entity; updated statement; audit 36-1-9.5-33Contractor's statement of equipment or materials; acceptance by CPA 36-1-9.5-34Financial statement; common dated statements from prequalification applicants controlled by same owners or officers; unaudited statements more than six months old 36-1-9.5-35Grant of qualification $200,000 or less on statement certified by company officer 36-1-9.5-36Initial statement submitted by corporation; requirements; foreign corporations 36-1-9.5-37Classification of contractors for work; rating criteria; limitations on uncompleted work 36-1-9.5-38Maximum aggregate rating; components; net current assets 36-1-9.5-39Accepted net current assets; determination 36-1-9.5-40Loan guarantees and commitments of applicant; effect upon net current assets 36-1-9.5-41Factors not considered in determining net current assets 36-1-9.5-42Valuation of stocks and bonds; useful equipment 36-1-9.5-43Equipment rating credit; aggregate and respective classified ratings; tentative factors 36-1-9.5-44Unlimited qualification; factors prohibiting qualification for work over $200,000 36-1-9.5-45Change in qualification; notice 36-1-9.5-46Suspension of certificate; grounds; notice 36-1-9.5-47Withdrawal of certificate; notice 36-1-9.5-48Revocation of certificate; grounds; notice; disqualification period 36-1-9.5-49Reconsideration request by aggrieved contractor 36-1-9.5-50Justification for reconsideration; personal interview; recommendation to entity; notice of entity decision 36-1-9.5-51Appeal hearing request; notice of time and place; burden of proof 36-1-9.5-52Failure to follow appeals procedure; waiver 36-1-9.5-53Application of prequalification requirements; subcontractors' qualification 36-1-9.5-54Revenue department access to names of contractors and subcontractors; tax delinquents; award of contracts; deduction of delinquent taxes from payment 36-1-9.5-55Violations; penalties

IC 36-1-9.5-1Application of chapter Sec. 1. This chapter applies only to contracts awarded by local boards of aviation commissioners operating under IC 8-22-2 and local airport authorities operating under IC 8-22-3. This chapter applies only to contracts for the following:

(1) The construction or maintenance of buildings, runways, roads, and other improvements.

(2) The purchase of materials, equipment, and supplies.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-2"Advertisement" defined Sec. 2. As used in this chapter, "advertisement" means the public announcement inviting bids for work to be performed or materials to be furnished.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-3"Applicant" defined Sec. 3. As used in this chapter, "applicant" means a contractor or the subcontractor who seeks to do business with an entity.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-4"Application" defined Sec. 4. As used in this chapter, "application" means the act of filing a statement with an entity to request qualification to perform work.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-5"Award" defined Sec. 5. As used in this chapter, "award" means the acceptance by an entity of a bid and authorization by an entity to enter into a contract with the bidder.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-6"Bid bond" defined Sec. 6. As used in this chapter, "bid bond" means the approved form of security furnished with a bid to guarantee that the bidder will enter into the contract if the bidder's bid is accepted.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-7"Bidder" defined Sec. 7. As used in this chapter, "bidder" means an individual, a partnership, a firm, a limited liability company, a corporation, or other person submitting a bid for advertised work.

As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.513.

IC 36-1-9.5-8"Certificate of qualification" defined Sec. 8. As used in this chapter, "certificate of qualification" means the official document that qualifies a contractor to bid on contracts of an entity that require prequalification under this chapter.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-9"Contract" defined Sec. 9. As used in this chapter, "contract" means the written agreement between an entity and a contractor setting forth the obligations of the parties.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-10"Contractor" defined Sec. 10. As used in this chapter, "contractor" means an individual, a partnership, a firm, a limited liability company, a corporation, or other person contracting with or desiring to contract with an entity for performance of prescribed work.

As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.514.

IC 36-1-9.5-11"Entity" defined Sec. 11. As used in this chapter, "entity" means the following:

(1) A local board of aviation commissioners operating under IC 8-22-2.

(2) A local airport authority operating under IC 8-22-3.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-12"Payment bond" defined Sec. 12. As used in this chapter, "payment bond" means an approved form of security, furnished and executed by the bidder and the bidder's surety, that guarantees the payment of all legal debts related to the construction of the project.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-13"Performance bond" defined Sec. 13. As used in this chapter, "performance bond" means an approved form of security, furnished and executed by the bidder and the bidder's surety, that guarantees the complete execution of the contract and all supplemental agreements.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-14"Prequalification administrator" defined Sec. 14. As used in this chapter, "prequalification administrator" means the administrative officer of an entity who is responsible for the administration of the qualification of contractors under this chapter.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-15"Proposal" defined Sec. 15. As used in this chapter, "proposal" means an offer of a bidder, on a prescribed form, to perform the work and to furnish the labor and materials at the prices quoted.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-16"Subcontractor" defined Sec. 16. As used in this chapter, "subcontractor" means an individual, a partnership, a firm, a limited liability company, a corporation, or other person to whom a contractor sublets part of a contract.

As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.515.

IC 36-1-9.5-17"Surety" defined Sec. 17. As used in this chapter, "surety" means a corporate body bound with and for the contractor for the following:

(1) The full and complete performance of the contract.

(2) The payment of all debts related to the work.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-18"Unearned work" defined Sec. 18. As used in this chapter, "unearned work" means the total dollar value of work contracted for but not performed.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-19Qualification requirement; notice; prequalification by department of transportation Sec. 19. (a) An entity may require a bidder on a contract described in section 1 of this chapter to be qualified under this chapter. If an entity determines that bidders on a contract must be qualified under this chapter, the entity shall provide notice of the qualification requirement in the public notice stating that bids will be accepted for the contract. The entity shall advertise ninety (90) days before the expected bid date the fact that the entity has determined that bidders on a contract must be qualified under this chapter. If an entity determines that qualification is required under this chapter for a particular contract, it is unlawful for the entity to award a contract to a person other than a bidder previously qualified in compliance with this chapter.

(b) A bidder who is qualified by the Indiana department of transportation (IC 8-23-2-1) is qualified under this chapter. Such a bidder is not required to obtain a certificate of qualification from an entity in order to bid on a contract that is described in section 1 of this chapter.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-20Statement of experience; form; contents Sec. 20. A contractor desiring to offer bids for the performance of contracts for which an entity requires prequalification must file a statement of experience and financial condition using a form prescribed by the state board of accounts. The statement must include a complete report of the following of the prospective bidder:

(1) Financial ability.

(2) Adequacy of plant and equipment.

(3) Organization and experience.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-21Investigation by entity Sec. 21. The submission of a statement under section 20 of this chapter by an applicant authorizes the entity to obtain all information that the entity considers relevant to the applicant's financial worth, assets and liabilities, organization, personnel, work experience, prosecution of work on previous contracts, condition and adequacy of equipment.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-22New statement demand by entity; effect of noncompliance; incomplete or false information in prequalification application Sec. 22. (a) An entity may at any time during which a certificate of qualification is in effect demand a new statement. If a contractor does not provide a new statement not later than sixty (60) days after the request is made, the entity may void the contractor's certificate of qualification.

(b) If a contractor fails to provide complete and true information in an application, the application for prequalification shall be rejected.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-23Statements; order considered; limitation Sec. 23. (a) Except as provided in subsection (b), an entity shall consider statements in the order in which the statements are received by the entity.

(b) A statement provided by a new applicant who desires to bid on an advertised project must be received not later than forty-five (45) calendar days before the bid opening to receive consideration for that bid opening. A statement provided by a contractor applying for prequalification renewal must be received at least fifteen (15) calendar days before the bid opening date to receive consideration for that bid opening.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-24Assets of contractor; sufficiency Sec. 24. An applicant may not be given a certificate of qualification unless the review of the applicant's statement shows that the applicant possesses the net current assets determined by the entity to be sufficient to execute the contract and meet all obligations of the contract.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-25Qualifications necessary; determination Sec. 25. (a) An applicant must possess the qualifications required under this chapter and the entity must determine that the applicant is a competent and responsible bidder before the entity may issue the applicant a certificate of qualification.

(b) In making a determination under this section, an entity may consider only the following areas:

(1) The contractor's organization and personnel.

(2) The contractor's work experience and prosecution of work on previous contracts.

(3) The condition and adequacy of the contractor's equipment.

(4) The contractor's financial condition and the quality of the financial information furnished by the contractor.

(c) An entity may not arbitrarily or capriciously refuse to issue a certificate of qualification to an applicant.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-26Recommendation of prequalification administrator Sec. 26. An entity's prequalification administrator shall make a recommendation to the entity regarding the action that should be taken on an application. An entity may in the exercise of the entity's sole discretion accept or reject the recommendation of a prequalification administrator.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-27Notice of entity's decision; effective date of certificate Sec. 27. (a) An entity shall send an applicant written notice of the entity's decision regarding the application.

(b) A certificate of qualification becomes effective on the date determined by the entity.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-28Contractor evaluation forms; confidentiality Sec. 28. (a) For the purpose of determining competency and responsibility the prequalification administrator may send evaluation forms to either of the following:

(1) Persons with whom the contractor has had business relationships.

(2) Persons who have used the services of the contractor's employees.

(b) An entity shall keep confidential all responses received under this section. However, upon request of a contractor, an entity shall allow that contractor to inspect the responses received under this section in regard to the evaluation of that contractor.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-29Duration of certificate's validity; expiration date Sec. 29. A certificate of qualification may not be valid for more than sixteen (16) months. The expiration date of a certificate of qualification may not be more than eighteen (18) months after the date of the statement upon which the certificate is based. The certificate period may not be extended.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-30Notice of nonissuance of certificate Sec. 30. An entity shall notify an applicant if a certificate of qualification is not issued to the applicant.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-31Change in contractor's circumstances during certificate validity period; notice to prequalification administrator Sec. 31. If at any time during the valid period of a certificate of qualification the latest statement of a contractor on record with an entity ceases to represent fairly and substantially the financial position or the equipment of the contractor, the contractor shall do the following until the contractor's qualification is confirmed or revised:

(1) Notify the entity prequalification administrator of the change of circumstances.

(2) Refrain from further bidding on contracts for which the entity has required prequalification.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-32Personal interview of contractor by entity; updated statement; audit Sec. 32. (a) An entity may require a personal interview with any contractor when considering qualifications.

(b) A prequalification administrator may request a new statement if the date of the statement is more than six (6) months old when submitted.

(c) A statement furnished for qualification greater than two hundred thousand dollars ($200,000) must include a reviewed or an audited financial statement prepared and attested as correct by an independent certified public accountant registered and in good standing in any state. The accountant must make an independent verification of assets and liabilities in accordance with generally accepted auditing standards. The execution of a certificate of audit constitutes certification that an audit in accordance with generally accepted auditing standards has been performed and reported.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-33Contractor's statement of equipment or materials; acceptance by CPA Sec. 33. For the physical dispersal of equipment or subsequent use or sale of construction materials, an accountant may, for purposes of section 32 of this chapter, accept a signed statement of the contractor as evidence of possession of equipment or of materials inventory as of the date of the statement.

As added by P.L.85-1991, SEC.3. Amended by P.L.1-1992, SEC.181.

IC 36-1-9.5-34Financial statement; common dated statements from prequalification applicants controlled by same owners or officers; unaudited statements more than six months old Sec. 34. (a) A financial statement required under this chapter must do the following:

(1) Include full and complete information for all major items of equipment, including the age, date of purchase, cost when purchased, and the date of any rebuilding of equipment.

(2) List all major items of useful equipment.

(b) Organizations controlled by the same owners or officers who apply for prequalification under this chapter must use statements with a common date.

(c) An entity may not accept an unaudited statement that is more than six (6) months old.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-35Grant of qualification $200,000 or less on statement certified by company officer Sec. 35. A qualification for not greater than two hundred thousand dollars ($200,000) may be granted if the statement furnished is certified as correct by an officer of the company.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-36Initial statement submitted by corporation; requirements; foreign corporations Sec. 36. (a) The initial statement submitted by a corporation must be accompanied by a certified copy of the following:

(1) The minutes covering the election of current officers.

(2) The current authority for individuals' personal signatures to contracts of the corporation, which may be:

(A) a part of the corporation's original articles of incorporation; or

(B) a subsequent official action of the stockholders or the board of directors of the corporation.

(b) If personnel or authority for individuals' personal signatures are changed in any manner, the contractor shall immediately notify the prequalification administrator and furnish the prequalification administrator with certified copies of appropriate documents.

(c) The initial statement of a foreign corporation must be accompanied by:

(1) valid evidence that the corporation is registered and in good standing with the secretary of state to do business in Indiana; or

(2) a letter stating that, if the corporation becomes the successful bidder on a contract, authorization will be secured by the corporation not later than fifteen (15) days after the bid opening.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-37Classification of contractors for work; rating criteria; limitations on uncompleted work Sec. 37. (a) A contractor may be classified for one (1) or more types of work. A contractor will be rated in accordance with the contractor's financial ability, adequacy of plant and equipment, organization, prior experience, record of construction and any other relevant and material facts that may affect the classification.

(b) An entity shall assign a contractor a classification that will limit the type and quantity of uncompleted work the contractor may have under a contract with the entity at any time as principal or subcontractor, regardless of the location of the work or with whom the work is contracted.

(c) The entity shall assign a contractor an aggregate amount that will be the largest dollar amount of uncompleted work the contractor or subcontractor will have under contract at any time as principal or subcontractor, regardless of the location of the work and with whom the work is contracted.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-38Maximum aggregate rating; components; net current assets Sec. 38. (a) A contractor's maximum aggregate rating as determined from the statement will be the sum of the following rating components:

(1) Net current assets multiplied by ten (10).

(2) The lesser of:

(A) the net book value of construction equipment assets multiplied by eight (8); or

(B) one-half (1/2) of the amount determined under subdivision (1).

(3) The lesser of:

(A) net fixed and other assets multiplied by two (2); or

(B) the sum of the amounts determined under subdivisions (1) and (2) multiplied by twenty-five hundredths (0.25).

(b) An entity shall determine accepted net current assets from the statement submitted. Accepted net current assets may include only those net current assets that are readily convertible into working capital.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-39Accepted net current assets; determination Sec. 39. An entity shall do the following in determining accepted net current assets:

(1) Deduct receivables excluding retainage from nongovernmental agencies more than one (1) year old.

(2) Consider notes due not later than one (1) year from the date of the financial statement date to be current liabilities.

(3) Deduct any notes due more than twelve (12) and less than twenty-four (24) months from the date of the financial statement from net fixed assets, and deduct the excess, if any, from the book value of the equipment and net current assets.

(4) Not deduct notes due more than twenty-four (24) months after the date of the financial statement for prequalification purposes.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-40Loan guarantees and commitments of applicant; effect upon net current assets Sec. 40. If an applicant has guaranteed loans of any person or any entity, has used assets as security for the guaranteed loans, or has made other guarantees or commitments of activities of any person or any entity, an entity may reduce or adjust the applicant's net current assets if the entity determines that the guaranteed loans other guarantees or commitments are significant when considered with the applicant's statement of financial condition.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-41Factors not considered in determining net current assets Sec. 41. In determining net current assets, an entity may not consider the following:

(1) Notes and accounts receivable from affiliated business firms as assets of the applicant unless an audited financial statement showing the debtor has sufficient liquidity to discharge the debt is attached. However, an unaudited statement certified as correct by the debtor shall be accepted if an unaudited statement is submitted for qualification.

(2) Notes and accounts receivable from partners of a co-partnership or officers and stockholders of a corporation unless an audited financial statement is attached.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-42Valuation of stocks and bonds; useful equipment Sec. 42. An applicant must list the book value and the market value for stocks and bonds. An entity may not consider stocks and bonds as working capital unless market value, as determined or verified by the accountant, is given. Stocks and bonds shall be valued at the lesser of the book value or market. However, stocks or bonds listed on the New York Stock Exchange, American Stock Exchange, or over-the-counter on the National Association of Securities Dealers Automated Quotations list shall be valued at the market value. The value of useful equipment may be:

(1) the book value listed; or

(2) determined by the application of uniform depreciation schedules.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-43Equipment rating credit; aggregate and respective classified ratings; tentative factors Sec. 43. (a) An entity may not provide a rating credit for equipment:

(1) that cannot satisfactorily be identified as to kind, type, and capacity; or

(2) for which the essential information concerning the equipment's cost and age is not supplied.

(b) An entity shall provide a contractor with a tentative factor of one hundred percent (100%) in the contractor's aggregate and respective classified ratings. Each of these tentative factors may be reduced wholly or in part for the contractor's deficiencies in the following areas:

(1) The contractor's organization and personnel.

(2) The contractor's work experience and prosecution of work on previous contracts.

(3) The contractor's quality of workmanship on contracts.

(4) The condition and adequacy of the contractor's equipment.

(5) The contractor's experience with the general public and equal employment opportunity requirements.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-44Unlimited qualification; factors prohibiting qualification for work over $200,000 Sec. 44. (a) An entity may grant an unlimited qualification if a contractor's maximum aggregate rating exceeds one hundred million dollars ($100,000,000).

(b) An entity may not rate a contractor qualified for work in excess of two hundred thousand dollars ($200,000) if the contractor:

(1) has not performed work of any character under the firm name; and

(2) does not have personnel of approved experience.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-45Change in qualification; notice Sec. 45. (a) A prequalification administrator may recommend to an entity any change in the qualification issued to the contractor based upon the receipt of additional information. An entity shall provide a contractor with notification of a change in qualification. The notification must be in writing and become effective on a date determined by the entity.

(b) A request from a contractor for a change in the contractor's qualification status must be in writing and must be received by the entity not less than fifteen (15) days before the bid opening date. A request from a contractor for a change in the contractor's qualification status will not be considered until after the expiration of ninety (90) days after the certificate date.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-46Suspension of certificate; grounds; notice Sec. 46. (a) A prequalification administrator may recommend to an entity that a contractor's certificate of qualification be suspended if:

(1) the contractor's work is unsatisfactory;

(2) the rate of progress is such that the prequalification administrator determines that the contractor will be unable to complete the contract on time; or

(3) the contractor has failed to adequately document a current or previous contract.

(b) Notification of a suspension shall be made in writing and shall become effective on the date determined by the entity. A suspension may be lifted when the entity determines that the contractor has taken the necessary corrective action.

As added by P.L.85-1991, SEC.3. Amended by P.L.1-1992, SEC.182.

IC 36-1-9.5-47Withdrawal of certificate; notice Sec. 47. An entity may withdraw a certificate of qualification only if the entity has determined that the firm, limited liability company, or corporation is no longer active or in existence. The entity shall provide notification of the withdrawal in writing. The notification of withdrawal becomes effective on the date determined by the entity.

As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.516.

IC 36-1-9.5-48Revocation of certificate; grounds; notice; disqualification period Sec. 48. (a) An entity may revoke a certificate of qualification only if the entity determines that the contractor or subcontractor has done at least one (1) of the following:

(1) Fails to timely pay or satisfactorily settle any bills due for labor and material on former or existing contracts.

(2) Violates:

(A) a state or federal statute; or

(B) a rule or regulation of a state or federal department, board, bureau, agency, or commission.

(3) Defaults on a contract.

(4) Fails to enter into a contract with the entity.

(5) Falsifies any document required by the entity, the state board of accounts, or any other agency.

(6) Is convicted of a bidding crime.

(7) Enters a plea of guilty or nolo contendere to a bidding crime in any state.

(8) Does any of the following:

(A) Makes a public admission concerning a bidding crime in any state.

(B) Makes a presentation as an unindicted co-conspirator in a bidding crime in any state.

(C) Gives testimony that is protected by a grant of immunity in a trial for a bidding crime in any jurisdiction.

(9) Fails to perform any part of an existing or previous contract.

(10) Fails to submit in a timely manner information, documented explanations, or evidence required in the contract documents or proposal.

(11) Has been debarred by a federal agency.

(12) Failed to comply with any proposal requirements established by the entity concerning disadvantaged business enterprise goals or women business enterprise goals.

(b) An entity shall provide notification of a pending action for revocation in writing, setting forth the grounds for the proposed certificate revocation. The revocation becomes effective on the date determined by the entity.

(c) A period of disqualification under this chapter may not exceed two (2) years.

As added by P.L.85-1991, SEC.3. Amended by P.L.142-2020, SEC.89.

IC 36-1-9.5-49Reconsideration request by aggrieved contractor Sec. 49. A contractor dissatisfied with a decision by an entity under this chapter may make a written request for reconsideration to the prequalification administrator.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-50Justification for reconsideration; personal interview; recommendation to entity; notice of entity decision Sec. 50. (a) A request under section 49 of this chapter must include written justification concerning the contractor's qualification. In addition, the contractor may request a personal interview. The prequalification administrator shall consider the written request by certified or registered mail or personal service not later than fifteen (15) days after receiving the written request. The prequalification administrator may request additional information, documentation, or a personal interview with the contractor.

(b) The prequalification administrator shall make a recommendation to the entity.

(c) The entity shall notify the contractor in writing of the entity's decision. The decision becomes effective on the date determined by the entity.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-51Appeal hearing request; notice of time and place; burden of proof Sec. 51. (a) If a contractor is dissatisfied with the decision under section 50 of this chapter, the contractor may make a written request by certified or registered mail or personal service within fifteen (15) days after receiving the decision for an appeal hearing.

(b) A contractor shall send a request under this section to the prequalification administrator. After receiving the request, the entity shall serve written notice of the date, place, and time of the hearing and written notice of the appointment of an administrative law judge on the contractor.

(c) A hearing shall be held not later than fourteen (14) days after the receipt of the request, unless otherwise ordered by an administrative law judge.

(d) At the hearing, the contractor bears the burden of proof.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-52Failure to follow appeals procedure; waiver Sec. 52. If a contractor fails to follow the appeals procedures of this chapter within the specified time, the contractor accepts the decision of the entity as final and waives any right to further administrative appeal.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-53Application of prequalification requirements; subcontractors' qualification Sec. 53. (a) The prequalification requirements of this section do not apply to the following:

(1) Professional services.

(2) Hauling materials or supplies to or from a job site.

(3) Concession contracts.

(b) If an entity determines that qualification is required under this chapter for a particular contract, it is unlawful for a successful bidder on the contract to enter into a subcontract with any other person involving the performance of any part of any work upon which the bidder may be engaged for the entity in an amount greater than one hundred thousand dollars ($100,000) unless the subcontractor has been properly qualified under the terms of this chapter for the work sublet to the subcontractor. However, the entity may reduce this amount based on the subcontractor's performance with the entity and others.

As added by P.L.85-1991, SEC.3.

IC 36-1-9.5-54Revenue department access to names of contractors and subcontractors; tax delinquents; award of contracts; deduction of delinquent taxes from payment Sec. 54. (a) An entity may allow the department of state revenue access to the name of each person who is either:

(1) bidding on a contract to be awarded under this chapter; or

(2) a contractor or a subcontractor under this chapter.

(b) If an entity is notified by the department of state revenue that a bidder is on the most recent tax warrant list, the entity may not award a contract to that bidder until:

(1) the bidder provides to the entity a statement from the department of state revenue that the bidder's delinquent tax liability has been satisfied; or

(2) the entity receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).

(c) The department of state revenue may notify:

(1) the entity; and

(2) the state comptroller;

that a contractor or subcontractor under this chapter is on the most recent tax warrant list, including the amount that the person owes in delinquent taxes. The state comptroller shall deduct from the contractor's or subcontractor's payment the amount owed in delinquent taxes. The state comptroller shall remit this amount to the department of state revenue and pay the remaining balance to the contractor or subcontractor.

As added by P.L.85-1991, SEC.3. Amended by P.L.9-2024, SEC.542.

IC 36-1-9.5-55Violations; penalties Sec. 55. (a) An applicant for qualification who knowingly makes a false statement with respect to the applicant's financial worth in an application for qualification, financial statement, or other written instrument filed by the applicant with the entity under this chapter commits a Class C infraction.

(b) A person who violates this section is disqualified from submitting bids on contracts advertised for letting by the entity for two (2) years following the date of judgment.

As added by P.L.85-1991, SEC.3. Amended by P.L.1-1992, SEC.183.

IC 36-1-10Chapter 10. Leasing and Lease-Purchasing Structures

36-1-10-1Application of chapter 36-1-10-2Definitions 36-1-10-3Persons entitled to lease property to political subdivision or agency 36-1-10-4Repealed 36-1-10-4.1Leasing agents; compliance with chapter; procedure in lease without option to purchase 36-1-10-5Leases without option to purchase; procedure 36-1-10-6Limitation on term of lease 36-1-10-7Lease of a structure, transportation system, or system by a political subdivision other than a school corporation 36-1-10-7.5Lease of a structure, transportation system, or system by a school corporation 36-1-10-8Joint leasing 36-1-10-9Leases; terms and conditions; options to renew or purchase; exercise of option to purchase 36-1-10-10Plans, specifications, and estimates for structures, systems, and transportation projects 36-1-10-11Property held in fee simple; sale procedure 36-1-10-12Lease in anticipation of acquisition or construction of structure, system, or transportation project 36-1-10-13Hearing; procedure; execution of lease 36-1-10-14Disagreement with execution of lease; petition; hearing; decision 36-1-10-15Actions to contest validity of lease or to enjoin performance under lease 36-1-10-16Conveyance of structure to lessor and lease back; purchase price; option to purchase 36-1-10-17Annual appropriation and tax levy 36-1-10-18Tax exemption of leased structures, systems, and transportation projects; taxation of rental paid lessor 36-1-10-19Assignment or conveyance of lease; conveyance of structure, system, or transportation project 36-1-10-20Repealed 36-1-10-20.1Repealed 36-1-10-21Not-for-profit corporations; issuance and sale of bonds and other securities 36-1-10-22Certain leases legalized and validated