§ 5-17-5-1 — Penalty for late payments of amounts due on public contracts

(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 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.

Legislative History

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.