IC 21-33-3
    Chapter 3. Projects for Land, Buildings, and Facilities; Repair andRehabilitation Projects

IC 21-33-3-1
Application of chapter; state educational institutions
    Sec. 1. This chapter applies to all state educational institutions.
As added by P.L.2-2007, SEC.274.

IC 21-33-3-2
Application of chapter; property
    Sec. 2. This chapter applies to the following property:
        (1) Land.
        (2) Buildings.
        (3) Facilities.
        (4) Equipment.
As added by P.L.2-2007, SEC.274.

IC 21-33-3-3
Approved or authorized projects subject to review by thecommission
    Sec. 3. The commission for higher education shall complete areview of a project approved or authorized by the general assemblywithin ninety (90) days after the project is submitted for review. Ifthe review is not completed within ninety (90) days, the budgetagency or the budget committee may proceed without thecommission's review.
As added by P.L.2-2007, SEC.274. Amended by P.L.31-2010, SEC.3.

IC 21-33-3-4
Advisory recommendation
    Sec. 4. (a) The budget agency may refer to the budget committeebudgetary and fiscal matters under this chapter for which it wouldlike an advisory recommendation.
    (b) If a matter is referred to the budget committee, the budgetcommittee:
        (1) shall hold hearings;
        (2) may exercise any powers under IC 4-12-1-11; and
        (3) shall make an advisory recommendation to the budgetagency.
The advisory recommendation may recommend that the matter asreferred be approved, disapproved, referred to the general assembly,or resolved in another way.
As added by P.L.2-2007, SEC.274.

IC 21-33-3-5
Board; authority to engage in certain projects
    Sec. 5. (a) Subject to this section, in addition to projectsauthorized by the general assembly, the board of trustees of a stateeducational institution may engage in a project to:        (1) construct buildings or facilities of a cost greater than fivehundred thousand dollars ($500,000); or
        (2) purchase or lease-purchase land, buildings, or facilities theprincipal value of which exceeds two hundred fifty thousanddollars ($250,000);
only if there are funds available for the project, the project meets anyof the applicable conditions, and the project is reviewed by thecommission for higher education and approved by the governor uponrecommendation of the budget agency. The review by thecommission for higher education must be completed not later thanninety (90) days after the project is submitted for review.
    (b) If:
        (1) any part of the cost of a project described in subsection (a)is paid by state appropriated funds or by mandatory student feesassessed all students; and
        (2) the project is to:
            (A) construct buildings or facilities of a cost greater thanfive hundred thousand dollars ($500,000); or
            (B) purchase or lease-purchase land, buildings, or facilitiesthe principal value of which exceeds three hundred thousanddollars ($300,000);
the project must also be approved by the general assembly.
    (c) This section does not limit the board of trustees insupplementing a project approved by the general assembly from giftsor other available funds so long as approval for the expansion of theproject is given by the governor on review by the commission forhigher education and recommendation of the budget agency.
    (d) The review and approval requirements of this section do notapply to a project to:
        (1) construct buildings or facilities; or
        (2) purchase or lease-purchase land, buildings, or facilities;
if the project involves the expansion or improvement of housing forstudents undertaken entirely by a fraternity or sorority at the stateeducational institution.
As added by P.L.2-2007, SEC.274. Amended by P.L.31-2010, SEC.4.

IC 21-33-3-6
Board; authority to engage in repair and rehabilitation projects
    Sec. 6. (a) Subject to subsection (b), in addition to projectsauthorized by the general assembly, the board of trustees of a stateeducational institution may engage in a repair and rehabilitationproject for which:
        (1) the cost of the project exceeds seven hundred fifty thousanddollars ($750,000); and
        (2) any part of the cost of the project is paid by stateappropriated funds or by mandatory student fees assessed allstudents;
only if the project is reviewed by the commission for highereducation and approved by the governor, on recommendation of thebudget agency. The review by the commission for higher education

must be completed not later than ninety (90) days after the project issubmitted for review.
    (b) If no part of the cost of a repair and rehabilitation project ispaid by state appropriated funds or by mandatory student feesassessed all students, the review and approval requirements of thissection apply only if the project exceeds one million dollars($1,000,000).
As added by P.L.2-2007, SEC.274. Amended by P.L.31-2010, SEC.5.

IC 21-33-3-7
Board; authority to lease property
    Sec. 7. In addition to projects authorized by the general assembly,the board of trustees of a state educational institution may engage ina project:
        (1) to lease, other than a project to lease-purchase, a building orfacility; and
        (2) for which the annual cost of the project exceeds onehundred fifty thousand dollars ($150,000);
only if the project is reviewed by the commission for highereducation and approved by the governor, on recommendation of thebudget agency. The review by the commission for higher educationmust be completed not later than ninety (90) days after the project issubmitted for review.
As added by P.L.2-2007, SEC.274. Amended by P.L.31-2010, SEC.6.

IC 21-33-3-8
Items included in cost of projects
    Sec. 8. The cost of any project authorized under this chapterincludes the following:
        (1) The estimated cost of architectural, engineering, andconsulting services.
        (2) The estimated cost of the construction and any repair andrehabilitation project.
        (3) The purchase price of any land to be purchased for theproject.
        (4) For lease-purchase projects, the total rent to be paid over theterms of the lease and over any additional period for which thestate educational institution has an option for extension orrenewal.
        (5) The cost of equipment.
        (6) The interest costs during construction.
        (7) Other costs approved by the budget agency.
As added by P.L.2-2007, SEC.274.

IC 21-33-3-9
Use of certain funds for the cost of projects
    Sec. 9. To pay the cost of a project authorized under this chapter,the following funds may be used:
        (1) Funds appropriated in any state fiscal year for the project bythe general assembly, subject to allocation of the funds by the

budget agency, with approval of the governor.
        (2) Funds derived from the issuance and sale of bonds by theboard of trustees of any of the state educational institutions, solong as the issuance of the bonds that are to be supported bymandatory student fees assessed all students has been approvedby the general assembly for each applicable project.
        (3) Funds derived from earnings, farm and miscellaneous sales,or other receipts, so long as a project to:
            (A) construct buildings or facilities with a cost greater thanninety thousand dollars ($90,000); or
            (B) purchase or lease-purchase land, buildings, or facilitiesthe principal value of which exceeds fifty thousand dollars($50,000);
        is reviewed by the commission for higher education andapproved by the governor, on recommendation of the budgetagency.
        (4) Federal funds granted and allowed a state educationalinstitution for a project to construct buildings or facilities, solong as each project:
            (A) with a cost greater than ninety thousand dollars($90,000); or
            (B) to purchase or lease-purchase land, buildings, orfacilities the principal value of which exceeds fifty thousanddollars ($50,000);
        is reviewed by the commission for higher education andapproved by the governor, on recommendation of the budgetagency.
        (5) Available funds derived from gifts, bequests, devises, orother source not listed in subdivisions (1) through (4), so longas each project to:
            (A) construct buildings or facilities with a cost greater thanninety thousand dollars ($90,000); or
            (B) purchase or lease-purchase land, buildings, or facilitiesthe principal value of which exceeds fifty thousand dollars($50,000);
        is reviewed by the commission for higher education andapproved by the governor, on recommendation of the budgetagency.
As added by P.L.2-2007, SEC.274.

IC 21-33-3-10
Fee replacement money
    Sec. 10. The general assembly may appropriate fee replacementmoney for the replacement of student fees dedicated to pay:
        (1) the principal and interest costs of bonds as approved by thegeneral assembly; and
        (2) lease-purchase costs.
As added by P.L.2-2007, SEC.274.