(a) Except as provided in section 2 of this chapter, every state agency and political subdivision shall pay a late payment penalty at a rate of one percent (1%) per month on amounts due on written contracts for public works, personal services, goods and services, equipment, and travel whenever the state agency or political subdivision fails to make timely payment.(b) Except as provided in subsection (c), for the purposes of this section, payment is timely if:(1) a check or warrant is mailed or delivered on the date specified for the amount specified in the applicable contract documents, or, if no date is specified, within thirty-five (35) days of:(A) receipt of goods and services; or(B) receipt of a properly completed claim.(2) for any amount required to be withheld under state or federal law, a check or warrant is mailed or delivered in the proper amount on the date the amount may be released under the applicable law.(c) For the purposes of this section, payment by a political subdivision is timely if:(1) a date for payment is not specified in an applicable contract;(2) a claim:(A) for payment for goods or services; and(B) that must be approved by a local legislative body subdivision is timely if:(1) a date for payment is not specified in an applicable contract;(2) a claim:(A) for payment for goods or services; and(B) that must be approved by a local legislative body or board;is submitted to the body or board; and(3) the political subdivision pays the claim within thirty-five (35) days following the first regularly scheduled meeting of the body or board that is held at least ten (10) days after the body or board receives the claim.As added by P.L.59-1983, SEC.1. Amended by P.L.52-1988, SEC.1; P.L.44-1996, SEC.1; P.L.260-1997(ss), SEC.47.
Indiana Legal Code