CHAPTER 1. GENERAL PROVISIONS
IC 4-13.5
ARTICLE 13.5. CONSTRUCTION OF STATE OFFICEBUILDINGS AND OTHER FACILITIES
IC 4-13.5-1
Chapter 1. General Provisions
IC 4-13.5-1-1
Definitions
Sec. 1. The following definitions apply throughout this article:
(1) "Commission" means the Indiana finance authorityestablished by IC 4-4-11-4.
(2) "Communications system infrastructure" has the meaningset forth in IC 5-26-5-1.
(3) "Construction" means the erection, renovation, refurbishing,or alteration of all or any part of buildings, improvements, orother structures, including installation of fixtures or equipment,landscaping of grounds, site work, and providing for otherancillary facilities pertinent to the buildings or structures.
(4) "Correctional facility" means a building, a structure, or animprovement for the custody, care, confinement, or treatmentof committed persons under IC 11.
(5) "Department" refers to:
(A) the integrated public safety commission, for purposes ofa facility consisting of communications systeminfrastructure; and
(B) the Indiana department of administration, for purposesof all other facilities.
(6) "Mental health facility" means a building, a structure, or animprovement for the care, maintenance, or treatment of personswith mental or addictive disorders.
(7) "Facility" means all or any part of one (1) or more buildings,structures, or improvements (whether new or existing), orparking areas (whether surface or an above or below groundparking garage or garages), owned or leased by the commissionunder this article or the state for the purpose of:
(A) housing the personnel or activities of state agencies orbranches of state government;
(B) providing transportation or parking for state employeesor persons having business with state government;
(C) providing a correctional facility;
(D) providing a mental health facility;
(E) providing a regional health facility; or
(F) providing communications system infrastructure.
(8) "Person" means an individual, a partnership, a corporation,a limited liability company, an unincorporated association, ora governmental entity.
(9) "Regional health facility" means a building, a structure, oran improvement for the care, maintenance, or treatment of
adults or children with mental illness, developmentaldisabilities, addictions, or other medical or rehabilitative needs.
(10) "State agency" means an authority, a board, a commission,a committee, a department, a division, or other instrumentalityof state government, but does not include a state educationalinstitution.
As added by Acts 1977, P.L.31, SEC.1. Amended by P.L.27-1985,SEC.1; P.L.240-1991(ss2), SEC.37; P.L.8-1993, SEC.23;P.L.273-1999, SEC.191; P.L.291-2001, SEC.76; P.L.123-2002,SEC.2; P.L.235-2005, SEC.55; P.L.2-2007, SEC.40.
IC 4-13.5-1-1.3
"Loan contract" defined
Sec. 1.3. As used in this article, "loan contract" means a debtinstrument other than a revenue bond and includes but is not limitedto a note.
As added by P.L.15-1986, SEC.1.
IC 4-13.5-1-1.5
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-2
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-2.5
Application to the Indiana finance authority
Sec. 2.5. This article:
(1) applies to the Indiana finance authority only when acting asthe commission under this article for the purposes set forth inthis article; and
(2) does not apply to the Indiana finance authority when actingunder any other statute for any other purpose.
As added by P.L.235-2005, SEC.56.
IC 4-13.5-1-3
Powers
Sec. 3. (a) The commission may:
(1) accept gifts, devises, bequests, grants, loans, appropriations,revenue sharing, other financing and assistance, and any otheraid from any source and agree to and comply with any attachedconditions;
(2) acquire real property, or any interest in real property, bylease, conveyance (including purchase) in lieu of foreclosure,or foreclosure, own, manage, operate, hold, clear, improve, andconstruct facilities on real property, and sell, assign, exchange,transfer, convey, lease, mortgage, or otherwise dispose of orencumber real property, or interests in real property or facilitieson real property, if the use is necessary or appropriate to the
purposes of the commission;
(3) procure insurance against any loss in connection with itsoperations in amounts, and from insurers, as it considersnecessary or desirable;
(4) borrow funds as set forth in IC 4-13.5-4 and issue revenuebonds of the commission, payable solely from revenues, as setforth in IC 4-13.5-4, or from the proceeds of bonds issued underthis article and earnings on bonds, or both, for the purpose ofcarrying out its purposes under this article, including paying allor any part of the cost of acquisition or construction of any one(1) or more facilities, or for the purpose of refunding any otherbonds or loan contracts of the commission;
(5) establish reserves or sinking funds from the proceeds of thesale of bonds or from other funds, or both, to secure thepayment of the bonds;
(6) invest any funds held in reserve or in sinking fund accountsor any money not required for immediate disbursement, inobligations of the state, the United States, or their agencies orinstrumentalities, and other obligors as may be permitted underthe terms of any resolution authorizing the issuance of thecommission's bonds or other obligations;
(7) include in any borrowing or issue amounts considerednecessary by the commission to pay financing charges, intereston the obligations (for a period not exceeding the period ofconstruction and a reasonable time after the period ofconstruction or, if the facility is completed, two (2) years fromthe date of issue of the obligations), consultant, advisory, andlegal fees, and other expenses necessary or incident to theborrowing or issue;
(8) make, execute, and effectuate contracts, agreements, orother documents with any governmental agency or any person,corporation, limited liability company, association, partnership,or other organization or entity necessary or convenient toaccomplish the purposes of this article;
(9) acquire in the name of the commission by the exercise of theright of condemnation, in the manner provided in this section,public or private lands, or rights in lands, rights-of-way,property, rights, easements, and interests, as it considersnecessary for carrying out this article; and
(10) do any and all acts and things necessary, proper, orconvenient to carry out this article.
(b) The commission may provide for facilities for state agenciesor branches of state government if the general assembly, by statute:
(1) finds that the state needs renovation, refurbishing, oralteration of existing facilities or construction of additionalfacilities; and
(2) authorizes the commission to provide for the facilities.
In providing for the facilities, the commission shall proceed underthis article.
(c) If the commission is unable to agree with the owners, lessees,
or occupants of any real property selected for the purposes of thisarticle, it may proceed to procure the condemnation of the propertyunder IC 32-24-1. The commission may not institute a proceedinguntil it has adopted a resolution that:
(1) describes the real property sought to be acquired and thepurpose for which the real property is to be used;
(2) declares that the public interest and necessity require theacquisition by the commission of the property involved; and
(3) sets out any other facts that the commission considersnecessary or pertinent.
The resolution is conclusive evidence of the public necessity of theproposed acquisition and shall be referred to the attorney general foraction, in the name of the commission, in the circuit or superior courtof the county in which the real property is located.
(d) The title to all property acquired in any manner by thecommission shall be held in the name of the commission.
As added by Acts 1977, P.L.31, SEC.1. Amended by Acts 1980,P.L.16, SEC.1; P.L.27-1985, SEC.4; P.L.8-1993, SEC.24;P.L.2-2002, SEC.26; P.L.235-2005, SEC.57.
IC 4-13.5-1-3.1
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-4
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-5
Attorney general as legal adviser
Sec. 5. The attorney general shall serve as the legal adviser for thecommission and represent it in any legal proceeding.
As added by Acts 1977, P.L.31, SEC.1.
IC 4-13.5-1-6
Contracts for performance of work and purchase or sale ofmaterials
Sec. 6. Subject to section 8 of this chapter, the commission maynot enter into:
(1) a contract for the performance of work, other than a contractof employment with a professional person or a commissionemployee; 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 ofthe department.
As added by Acts 1977, P.L.31, SEC.1. Amended by P.L.123-2002,SEC.3.
IC 4-13.5-1-7
(Repealed by P.L.11-1993, SEC.8.)
IC 4-13.5-1-8
Employment of professionals; plans and specifications; award ofcontracts; minority and women's businesses
Sec. 8. (a) The commission may employ architects, engineers,space planners, construction managers, and other professionalpersons it considers necessary to prepare complete plans andspecifications necessary for bidding for construction. Thecommission shall consider economy of operation to the extentpracticable in preparing and approving plans and specifications.
(b) The plans and specifications shall be presented for approvalto:
(1) the department;
(2) if the facility is designed to house the supreme court or courtof appeals, the administrator of the supreme court for approvalby the courts;
(3) if the facility is a correctional facility, the department ofcorrection; and
(4) if the facility consists of communications systeminfrastructure, the integrated public safety commission.
(c) After the plans and specifications have been approved by thecommission under subsection (b), the commission shall advertise forand receive construction bids and award contracts to the best biddersin the same manner as required by law for the department. However,with respect to a facility that consists of communications systeminfrastructure, if the commission finds that the integrated publicsafety commission has already advertised for and receivedconstruction bids or awarded contracts to the best bidders, or both,substantially in the same manner as required by law for the Indianadepartment of administration, the commission is not required torepeat the advertisement, receipt of bids, or award of contracts. Inmaking the finding described in this subsection, the commission mayrely upon a certificate of the integrated public safety commission. Ifthe commission makes the finding described in this subsection, thatis all the authority the commission needs to accept the assignment ofthe bids or contracts or both, from the integrated public safetycommission, and all the authority the integrated public safetycommission needs to assign the bids or contracts, or both, to thecommission.
(d) With regard to participation by minority and women's businessenterprises (as defined in IC 4-13-16.5-1 and IC 4-13-16.5-1.3), thecommission shall act in the same manner as required by law for thedepartment.
As added by Acts 1980, P.L.16, SEC.2. Amended by P.L.27-1985,SEC.6; P.L.240-1991(ss2), SEC.38; P.L.195-2001, SEC.7;P.L.123-2002, SEC.4.
IC 4-13.5-1-9
Conveyance of real property by state to commission
Sec. 9. The governor may convey, transfer, or sell, with or withoutconsideration, real property (including the buildings, structures, and
improvements), title to which is held in the name of the state, to thecommission, without being required to advertise or solicit bids orproposals, in order to accomplish the governmental purposes of thisarticle.
As added by P.L.27-1985, SEC.7.
IC 4-13.5-1-10
Renovation of state facilities; contracts
Sec. 10. The department may enter into a contract with thecommission to renovate, refurbish, or alter a facility owned by thestate without advertising or soliciting bids or proposals underIC 4-13.6 or IC 5-22. However, in accomplishing the project torenovate, refurbish, or alter a facility owned by the state, thecommission shall comply with IC 4-13.5-1-8.
As added by P.L.27-1985, SEC.8. Amended by P.L.49-1997, SEC.17.