Ind. Code § 5-22-17-5

Funds not appropriated or available; contract cancellation; exemption for lease of state owned property

Applied in 5 court decisions — leading case Planned Parenthood of Indiana, Inc. v. Commissioner of Indiana State Department of Health (2012)

Most recently applied in Norton v. Rocky Mountain Planned Parenthood, Inc. (January 2018)

As added by P.L.49-1997, SEC.1

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 5. (a) This section does not apply to a contract for the lease of property owned by the state under which no state expenditures are required.

(b) When the fiscal body of the governmental body makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of a contract, the contract is considered canceled.

(c) A determination by the fiscal body that funds are not appropriated or otherwise available to support continuation of performance is final and conclusive.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.