Indiana § 5-34-3-4 - Rules

§ 5-34-3-4. Rules

Sec. 4. The department may adopt rules under IC 4-22-2 necessary to implement this chapter.

As added by P.L.165-2021, SEC.65.

IC 5-35.7ARTICLE 35.7. FISCAL INTEGRITY AND CONTRACT ACCOUNTABILITY

Ch. 1.Definitions Ch. 2.Reporting Requirements Ch. 3.Reversion of Appropriations Ch. 4.Mandatory Contract Terms Ch. 4.5.Independent Verification and Validation Oversight Program Ch. 5.Review of Amendments Ch. 6.Contract Reporting and Requirements Ch. 7.Prohibition of Nonpublic Contracts Ch. 8.Procurement and Purchasing Governance

IC 5-35.7-1Chapter 1. Definitions

5-35.7-1-1"Active contract" 5-35.7-1-2"Contract" 5-35.7-1-3"Contractor" 5-35.7-1-4"Department" 5-35.7-1-5"Initial contract" 5-35.7-1-6"Maximum contract amount" 5-35.7-1-7"State agency"

IC 5-35.7-1-1"Active contract" Sec. 1. As used in this article, "active contract" means a contract for which the term of the contract has not expired.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-1-2"Contract" Sec. 2. (a) As used in this article, "contract" means a contract, agreement, or similar arrangement by any other name, and includes any amendments, addendums, or extensions.

(b) The term includes contracts entered into for state public works projects by the public works division within the department.

(c) The term does not include the following:

(1) A contract between state agencies.

(2) A contract between a state agency and an employee of the state agency concerning employment.

(3) A contract that is required to be kept confidential under state or federal law to prevent the disclosure of confidential or proprietary business information.

(4) A contract for legal services to aid in the performance of the rights, powers, and duties conferred by IC 4-6.

(5) A contract entered into with a program established under IC 11-10-7-2.

(6) An agreement or contract described in IC 31-25-4-13.1.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-1-3"Contractor" Sec. 3. As used in this article, "contractor" means a person who has entered into a contract with a state agency.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-1-4"Department" Sec. 4. As used in this article, "department" means the Indiana department of administration created by IC 4-13-1-2.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-1-5"Initial contract" Sec. 5. As used in this article, "initial contract" means the first agreement between a state agency and a contractor concerning the provision of specified goods or services, which may be later amended.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-1-6"Maximum contract amount" Sec. 6. As used in this article, "maximum contract amount" means the amount in a contract that total remuneration is not to exceed.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-1-7"State agency" Sec. 7. (a) As used in this article, "state agency" means:

(1) a department or office of the executive, including the administrative, branch of state government; and

(2) separately elected state officers and any department or office of separately elected state officers.

(b) The term does not include:

(1) the legislative branch of state government;

(2) the judicial branch of state government; or

(3) a state educational institution.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-2Chapter 2. Reporting Requirements

5-35.7-2-1Applicability 5-35.7-2-2State agency periodic reporting requirements; budget committee 5-35.7-2-3Contents of report 5-35.7-2-4Report; electronic format

IC 5-35.7-2-1Applicability Sec. 1. (a) This chapter applies to a contract with a maximum contract amount of not less than five hundred thousand dollars ($500,000).

(b) This chapter does not apply to a contract entered into by the Indiana department of transportation for the construction, repair, or maintenance of a highway, street, road, or bridge.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-2-2State agency periodic reporting requirements; budget committee Sec. 2. Not later than January 1, 2026, and not later than each January 1, April 1, July 1, and October 1 thereafter, a state agency must submit a report to the budget committee that provides information regarding the following contracts of the state agency:

(1) For a report due January 1, active contracts as of December 1 of the prior year.

(2) For a report due April 1, active contracts as of March 1 of that year.

(3) For a report due July 1, active contracts as of June 1 of that year.

(4) For a report due October 1, active contracts as of September 1 of that year.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-2-3Contents of report Sec. 3. A report submitted by a state agency under section 2 of this chapter must include, at a minimum, the following information:

(1) The current contract expenditures compared with the maximum contract amount of the contract.

(2) Any changes made to the terms of the initial contract since the prior report, including amendments or change orders, with an explanation of necessity.

(3) The metrics used by the state agency to assess the success and performance of the contract.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-2-4Report; electronic format Sec. 4. A report submitted under section 2 of this chapter must be in an electronic format.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-3Chapter 3. Reversion of Appropriations

5-35.7-3-1Applicability 5-35.7-3-2Unallotment and reversion of used appropriated funds

IC 5-35.7-3-1Applicability Sec. 1. This chapter applies to a state fiscal year that begins on or after July 1, 2025.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-3-2Unallotment and reversion of used appropriated funds Sec. 2. Unless otherwise provided by law, any funds appropriated by the general assembly to a state agency for an expense related to a contract that remain unused ninety (90) days after the end of the term of the contract:

(1) must be unallotted by the budget agency and no longer available for the state agency's use; and

(2) on the June 30 after the funds are unallotted, revert to the fund from which they were appropriated.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-4Chapter 4. Mandatory Contract Terms

5-35.7-4-1Applicability 5-35.7-4-2Contract between state agency and contractor; required contract provisions 5-35.7-4-3Contract template language for state agencies

IC 5-35.7-4-1Applicability Sec. 1. (a) This chapter applies to a contract between a state agency and a contractor that:

(1) is entered into, renewed, or amended after June 30, 2026; and

(2) has a maximum contract amount of not less than five hundred thousand dollars ($500,000) in the initial contract.

(b) This chapter does not apply to a contract entered into by the Indiana department of transportation for the construction, repair, or maintenance of a highway, street, road, or bridge.

(c) This chapter does not apply to a contract for legal services to aid in the performance of the rights, powers, and duties conferred by IC 4-6.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-4-2Contract between state agency and contractor; required contract provisions Sec. 2. A contract between a state agency and a contractor must contain the following provisions:

(1) To the extent practicable, clearly defined scopes and success metrics.

(2) Liquidated damages or other remedies for missed deadlines or overages.

(3) A requirement for either of the following, as determined by the department:

(A) An independent verification and validation under IC 5-35.7-4.5.

(B) Other appropriate methods or means for verification and validation of the terms of the contract.

As added by P.L.182-2025, SEC.6. Amended by P.L.125-2026, SEC.4.

IC 5-35.7-4-3Contract template language for state agencies Sec. 3. Not later than March 1, 2026, the department shall provide contract language in its contract templates for state agencies to include the provisions required under section 2 of this chapter.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-4.5Chapter 4.5. Independent Verification and Validation Oversight Program

5-35.7-4.5-1"Program" 5-35.7-4.5-2Program establishment 5-35.7-4.5-3Program powers

IC 5-35.7-4.5-1"Program" Sec. 1. As used in this chapter, "program" means the independent verification and validation oversight program established by the department under section 2 of this chapter.

As added by P.L.125-2026, SEC.5.

IC 5-35.7-4.5-2Program establishment Sec. 2. Not later than June 30, 2026, the department shall establish and maintain an independent verification and validation oversight program to provide independent oversight of contracting activities conducted by state agencies.

As added by P.L.125-2026, SEC.5.

IC 5-35.7-4.5-3Program powers Sec. 3. The program may review, assess, and issue required changes and recommendations for contracts between state agencies and contractors.

As added by P.L.125-2026, SEC.5.

IC 5-35.7-5Chapter 5. Review of Amendments

5-35.7-5-1Applicability 5-35.7-5-2State agency periodic report of contracts; budget committee

IC 5-35.7-5-1Applicability Sec. 1. This chapter applies to a contract between a state agency and a contractor that is entered into, renewed, or amended after June 30, 2025.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-5-2State agency periodic report of contracts; budget committee Sec. 2. A state agency shall provide a report to the budget committee not later than January 1, April 1, July 1, and October 1 of each year, in the form and manner designated by the budget committee, that details the contract amendments entered into by the state agency since the date of the last report under this section to which at least one (1) of the following applies:

(1) For any contract, increase the maximum contract amount by an amount that is not less than five hundred thousand dollars ($500,000).

(2) For an initial contract with a maximum contract amount of not less than five hundred thousand dollars ($500,000), extend the term of the initial contract for a period of not less than six (6) months.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-6Chapter 6. Contract Reporting and Requirements

5-35.7-6-1Applicability 5-35.7-6-2Active contracts; inclusion on state transparency portal; report to budget committee

IC 5-35.7-6-1Applicability Sec. 1. (a) This chapter applies to contracts entered into between a state agency and a contractor.

(b) This chapter does not apply to a contract solely entered into for licensed legal counsel.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-6-2Active contracts; inclusion on state transparency portal; report to budget committee Sec. 2. (a) All active contracts that are funded in part or in full by state appropriated funds, including state, federal, and dedicated funds, shall within thirty (30) days of entering into the contract be submitted to the state budget agency and the department for inclusion on the state transparency portal under IC 5-14-3.5-2.

(b) The state budget agency shall on or before June 1, 2026, and June 1 each year thereafter compile a report of all contracts submitted under subsection (a) for the immediately preceding calendar year and submit the report to the state budget committee.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-7Chapter 7. Prohibition of Nonpublic Contracts

5-35.7-7-1Applicability 5-35.7-7-2"Nonpublic contract" 5-35.7-7-3Contracting; posting of requests for proposals or request for quotations 5-35.7-7-4Prohibition against nonpublic contracts

IC 5-35.7-7-1Applicability Sec. 1. This chapter does not apply to the following:

(1) A contract solely entered into for licensed legal counsel.

(2) A purchase subject to the small purchase policies established by a state agency under IC 5-22-8.

(3) A contract for services provided by a bank holding company or its subsidiaries or for investments, investment services, or financial services entered into by the treasurer of state under IC 4-8.1, IC 5-13, or IC 10-12.

(4) A contract entered into with a program established under IC 11-10-7-2.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-7-2"Nonpublic contract" Sec. 2. As used in this chapter, "nonpublic contract" means a contract that is entered into without solicitation of proposals or competitive procurement. However, the term does not include a contract entered into under the following:

(1) IC 5-22-10.

(2) IC 4-13.6-5-5 (Emergency conditions).

(3) An agreement or contract described in IC 31-25-4-13.1.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-7-3Contracting; posting of requests for proposals or request for quotations Sec. 3. All contract opportunities of state agencies must be posted in the form of a request for proposals or a request for quotations on the department's website at least thirty (30) days prior to the contract being awarded.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-7-4Prohibition against nonpublic contracts Sec. 4. Except as otherwise required by law, a state agency shall not enter into a nonpublic contract.

As added by P.L.182-2025, SEC.6.

IC 5-35.7-8Chapter 8. Procurement and Purchasing Governance

5-35.7-8-1Applicability 5-35.7-8-2Annual procurement and purchasing plan 5-35.7-8-3Completion of contracts; waiver

IC 5-35.7-8-1Applicability Sec. 1. This chapter applies to all state agencies.

As added by P.L.125-2026, SEC.6.

IC 5-35.7-8-2Annual procurement and purchasing plan Sec. 2. (a) Beginning July 1, 2026, each state agency shall submit an annual procurement and purchasing plan to the department and the budget agency.

(b) An annual procurement and purchasing plan required under subsection (a) must include at least the following:

(1) All requests for procurement the state agency anticipates to be solicited in the subsequent state fiscal year.

(2) A strategy to complete contracts scheduled to expire in the subsequent state fiscal year.

(3) Any other information required by the department.

(c) An annual procurement and purchasing plan required under subsection (a) must align with the state agency's annual spending plan submitted to the budget agency.

As added by P.L.125-2026, SEC.6.

IC 5-35.7-8-3Completion of contracts; waiver Sec. 3. (a) Except as provided in subsection (b), a state agency must complete any incomplete contracts that were scheduled to expire in the previous biennium in a manner prescribed by the department.

(b) A state agency may apply to the department and the budget agency to receive a waiver from the requirements in subsection (a).

As added by P.L.125-2026, SEC.6.

IC 5-36ARTICLE 36. AUTHORITY OF ADMINISTRATIVE AGENCIES TO REGULATE DIGITAL ASSETS

Ch. 1.Definitions Ch. 2.Regulation of Digital Assets

IC 5-36-1Chapter 1. Definitions

5-36-1-1Application of definitions 5-36-1-2"Blockchain" 5-36-1-3"Blockchain protocol" 5-36-1-4"Digital asset" 5-36-1-5"Digital asset mining" 5-36-1-6"Digital asset mining business" 5-36-1-7"Hardware wallet" 5-36-1-8"Node" 5-36-1-9"Private digital asset mining" 5-36-1-10"Public agency" 5-36-1-11"Self-hosted wallet" 5-36-1-12"Smart contract" 5-36-1-13"Stake" or "staking" 5-36-1-14"Validate"