CHAPTER 8. CAPITAL PROJECTS FUND
IC 20-40-8
Chapter 8. Capital Projects Fund
IC 20-40-8-1
"Calendar year distribution"
Sec. 1. As used in this chapter, "calendar year distribution" meansthe sum of the following:
(1) A school corporation's:
(A) state tuition support; and
(B) maximum permissible tuition support levy (as defined inIC 20-45-1-15 before its repeal);
for the calendar year.
(2) The school corporation's excise tax revenue (as defined inIC 20-43-1-12) for the immediately preceding calendar year.
As added by P.L.2-2006, SEC.163. Amended by P.L.146-2008,SEC.477.
IC 20-40-8-2
"Emergency"
Sec. 2. As used in this chapter, "emergency" means:
(1) when used with respect to repair or replacement:
(A) a fire;
(B) a flood;
(C) a windstorm;
(D) a mechanical failure of any part of a structure; or
(E) an unforeseeable circumstance; and
(2) when used with respect to site acquisition, the unforeseeableavailability of real property for purchase.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-3
"Fund"
Sec. 3. As used in this chapter, "fund" refers to the capital projectsfund established under section 6 of this chapter.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-4
"Levy"
Sec. 4. As used in this chapter, "levy" refers to a property tax levyimposed under IC 20-46-6 for the fund.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-5
"Plan"
Sec. 5. As used in this chapter, "plan" refers to a plan or amendedplan adopted and approved under IC 20-46-6.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-6
Establishment of fund Sec. 6. A school corporation may establish a capital projects fund.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-7
Deposit of interest
Sec. 7. Interest on money in the fund, including the fund's pro ratashare of interest earned on the investment of total money on deposit,shall be deposited in the fund. However, the governing body mayadopt a resolution to transfer any interest earned on money in thefund to the school corporation's general fund.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-8
Requirement of expenditure plan
Sec. 8. Notwithstanding IC 6-1.1-17, the department of localgovernment finance may approve appropriations from the fund onlyif the appropriations conform to a plan.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-9
Rules
Sec. 9. The department of local government finance may adoptrules under IC 4-22-2 to implement this chapter and IC 20-46-6.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-10
Uses; land and improvements
Sec. 10. (a) Except as provided in subsection (b), with respect toany facility used or to be used by the school corporation, money inthe fund may be used to pay for the following:
(1) Planned construction, repair, replacement, or remodeling.
(2) Site acquisition.
(3) Site development.
(4) Repair, replacement, or site acquisition that is necessitatedby an emergency.
(b) Except as provided in section 12 of this chapter, money in thefund may not be used to pay for:
(1) planned construction, repair, replacement, or remodeling;
(2) site acquisition;
(3) site development; or
(4) repair, replacement, or site acquisition that is necessitatedby an emergency;
of a facility used or to be used primarily for interscholastic orextracurricular activities.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-11
Uses; equipment
Sec. 11. Money in the fund may be used to pay for the purchase,lease, repair, or maintenance of equipment to be used by the school
corporation. However, money in the fund may not be used to pay forthe purchase, lease, repair, or maintenance of the following:
(1) Vehicles to be used for any purpose.
(2) Except as provided in section 12 of this chapter, equipmentto be used primarily for interscholastic or extracurricularactivities.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-12
Uses; school sports facilities
Sec. 12. Money in the fund may be used to pay for theconstruction, repair, replacement, remodeling, or maintenance of aschool sports facility. However, a school corporation's expendituresin a calendar year under this section may not exceed five percent(5%) of the property tax revenues levied for the fund in the calendaryear.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-13
Uses; computer systems
Sec. 13. Money in the fund may be used for any of the followingpurposes:
(1) To purchase, lease, upgrade, maintain, or repair one (1) ormore of the following:
(A) Computer hardware.
(B) Computer software.
(C) Wiring and computer networks.
(D) Communication access systems used to connect withcomputer networks or electronic gateways.
(2) To pay for the services of full-time or part-time computermaintenance employees.
(3) To conduct nonrecurring in-service technology training ofschool employees.
(4) To pay advances, together with interest on the advances,from the common school fund for educational technologyprograms under IC 20-49-4.
(5) To acquire any equipment or services necessary:
(A) to implement the technology preparation curriculumunder IC 20-30-12;
(B) to participate in a program to provide educationaltechnologies, including:
(i) computers in the homes of students (commonly referredto as "the buddy system project") under IC 20-20-13-6;
(ii) the 4R's technology program; or
(iii) any other program under the educational technologyprogram described in IC 20-20-13; or
(C) to obtain any combination of equipment or servicesdescribed in clauses (A) and (B).
As added by P.L.2-2006, SEC.163.
IC 20-40-8-14
Uses; vocational capital expenditures
Sec. 14. Money in the fund may be used to purchase any of thefollowing for the use of vocational building trades classes toconstruct new buildings and remodel existing buildings:
(1) Building sites.
(2) Buildings in need of renovation.
(3) Building materials.
(4) Equipment.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-15
Uses; renting or leasing real estate
Sec. 15. Money in the fund may be used for leasing or rentingexisting real estate. However, money in the fund may not be used forpayments authorized under IC 20-47-2 and IC 20-47-3.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-16
Uses; skilled trades
Sec. 16. (a) For purposes of this section, maintenance does notinclude janitorial or comparable routine services normally providedin the daily operation of the facilities or equipment.
(b) Subject to this section, money in the fund may be used to payfor services of school corporation employees who are:
(1) bricklayers;
(2) stone masons;
(3) cement masons;
(4) tile setters;
(5) glaziers;
(6) insulation workers;
(7) asbestos removers;
(8) painters;
(9) paperhangers;
(10) drywall applicators and tapers;
(11) plasterers;
(12) pipe fitters;
(13) roofers;
(14) structural and steel workers;
(15) metal building assemblers;
(16) heating and air conditioning installers;
(17) welders;
(18) carpenters;
(19) electricians; or
(20) plumbers;
as these occupations are defined in the United States Department ofLabor, Employment and Training Administration, Dictionary ofOccupational Titles, Fourth Edition, Revised 1991.
(c) Payment may be made under this section for employeeservices described in subsection (b) only if: (1) the employees perform:
(A) construction of;
(B) renovation of;
(C) remodeling of;
(D) repair of; or
(E) maintenance on;
the facilities and equipment specified in sections 10 and 11 ofthis chapter;
(2) the total of all annual salaries and benefits paid by theschool corporation to employees described in this section is atleast six hundred thousand dollars ($600,000); and
(3) the payment of the employees described in this section isincluded as part of the school corporation's proposed plan.
(d) The number of employees covered by this section is limited tothe number of employee positions described in this section thatexisted in the school corporation on January 1, 1993.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-17
Uses; energy savings contracts
Sec. 17. Money in the fund may be used to pay for energy savingcontracts entered into by a school corporation under IC 36-1-12.5.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-18
Uses; indoor air quality
Sec. 18. Money in the fund may be used to carry out a plandeveloped under IC 16-41-37.5.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-19
Uses; utility services; insurance
Sec. 19. Money in the fund may be used to pay for up to onehundred percent (100%) of the following costs of a schoolcorporation:
(1) Utility services.
(2) Property or casualty insurance.
(3) Both utility services and property or casualty insurance.
A school corporation's expenditures under this section may notexceed in 2010 and in 2011 three and five-tenths percent (3.5%) ofthe school corporation's 2005 calendar year distribution.
As added by P.L.2-2006, SEC.163. Amended by P.L.234-2007,SEC.230; P.L.146-2008, SEC.528; P.L.182-2009(ss), SEC.322.
IC 20-40-8-20
Uses; transfers to other funds
Sec. 20. Money in the fund may be transferred to another fund andused as provided by law. The laws permitting a transfer of moneyfrom the fund include the following:
(1) IC 20-20-10-5 (implementation of technology preparation
task force).
(2) IC 20-40-11-3 (repair and replacement fund).
(3) IC 20-40-12-6 (self-insurance fund).
(4) IC 20-49-4-22 (advance for educational technologyprogram).
As added by P.L.2-2006, SEC.163. Amended by P.L.234-2007,SEC.231.
IC 20-40-8-21
Transfer of money in the fund to replace lost property tax revenue;amount of transfer
Sec. 21. Money in the fund may be transferred to another fund toreplace property tax revenues lost to the fund as a result of thegranting of circuit breaker credits under IC 6-1.1-20.6. A schoolcorporation shall make a transfer of money under this section if thefund experiencing a shortfall is a debt service fund and money is nottransferred from any other fund to cover the shortfall. The amounttransferred must be equal to the amount of the shortfall that is notreplaced from other funds.
As added by P.L.146-2008, SEC.478.