IC 21-35

    ARTICLE 35. STATE EDUCATIONAL
INSTITUTIONS: REVENUE BONDS AND OTHER
FINANCING ARRANGEMENTS



IC 21-35-1

    

Chapter 1. General Provisions; Definitions


IC 21-35-1-1

Definitions

    


Sec. 1. The definitions in this chapter apply throughout this
article.

As added by P.L.2-2007, SEC.276.


IC 21-35-1-2

"Bond"

    


Sec. 2. "Bond" means the following:

        (1) For purposes of IC 21-35-2, any bond evidencing
indebtedness for borrowed money under IC 21-35-2.

        (2) For purposes of IC 21-35-3, any bond evidencing
indebtedness for borrowed money under IC 21-35-3.

        (3) For purposes of IC 21-35-4, any bond evidencing
indebtedness for borrowed money under IC 21-35-4.

        (4) For purposes of IC 21-35-5, any bond evidencing
indebtedness for borrowed money under IC 21-35-5.

        (5) For purposes of IC 21-35-6, any:

            (A) bonds (including refunding bonds);

            (B) notes;

            (C) temporary, interim, or permanent certificates of
indebtedness;

            (D) debentures; or

            (E) other obligations;

        evidencing indebtedness for borrowed money under IC 21-35-6.

As added by P.L.2-2007, SEC.276.


IC 21-35-1-3

"Developer"

    


Sec. 3. "Developer", for purposes of IC 21-35-7, means a for
profit or nonprofit:

        (1) person;

        (2) firm;

        (3) partnership;

        (4) limited liability company;

        (5) trust;

        (6) association; or

        (7) corporation;

that enters or proposes to enter into a financing agreement with a
state educational institution for construction of facilities or
management of facilities, or both.

As added by P.L.2-2007, SEC.276.


IC 21-35-1-4

"Facilities"

    


Sec. 4. "Facilities", for purposes of IC 21-35-7, means buildings
and equipment located on or immediately adjacent to a university
campus, the primary purpose of which is to make available or
provide:

        (1) offstreet parking;

        (2) alternative transportation systems;

        (3) office space;

        (4) convenience, retail, and service establishments;

        (5) bookstores;

        (6) research;

        (7) outpatient and extended care;

        (8) food service;

        (9) temporary lodging quarters or similar structures used by:

            (A) students;

            (B) faculty;

            (C) staff;

            (D) patients; or

            (E) visitors;

        (10) housing used by students in connection with:

            (A) hospitals; or

            (B) health care units; or

        (11) any combination of the buildings and services listed in this
section.

The term does not include undergraduate dormitories.

As added by P.L.2-2007, SEC.276.


IC 21-35-1-5

"Financing"

    


Sec. 5. "Financing", for purposes of IC 21-35-7, means the
activities listed in IC 21-35-7-4.

As added by P.L.2-2007, SEC.276.


IC 21-35-1-6

"Financing agreement"

    


Sec. 6. "Financing agreement", for purposes of IC 21-35-7, means
any agreement between a state educational institution and a
developer or user concerning:

        (1) the:

            (A) acquisition;

            (B) construction; or

            (C) management;

        of facilities;

        (2) the:

            (A) financing;

            (B) leasing; or

            (C) possession;

        of facilities; or

        (3) any combination of the items listed in subdivisions (1) and
(2); and

        (4) payments to or from the university in respect of the items
listed in subdivisions (1) and (2).

As added by P.L.2-2007, SEC.276.


IC 21-35-1-7

"Income"

    


Sec. 7. "Income":

        (1) for purposes of IC 21-35-2, with respect to any property,
includes the sum of all mandatory student service fees:

            (A) collected for the use of the property; and

            (B) assessed against the students of the institution;

        to provide security for bonds issued under IC 21-35-2; and

        (2) for purposes of IC 21-35-3, with respect to a campus
facility, includes the sum of all mandatory student service fees:

            (A) collected for the use of the facility; and

            (B) assessed against the students of the institution;

        to provide security for bonds issued under IC 21-35-3.

As added by P.L.2-2007, SEC.276.


IC 21-35-1-8

"Net income"

    


Sec. 8. "Net income" for purposes of IC 21-35-2 and IC 21-35-3,
with respect to any property, means income minus the costs of
operating, maintaining, and repairing the property except when these
costs are otherwise paid.

As added by P.L.2-2007, SEC.276.


IC 21-35-1-9

"Property"

    


Sec. 9. "Property":

        (1) for purposes of IC 21-35-2, means any property that the
board of trustees of a state educational institution is authorized
to finance under IC 21-35-2 and under IC 21-35-5 by the
issuance of bonds, refunding bonds, or advance refunding
bonds;

        (2) for purposes of IC 21-35-3, means any property that the
board of trustees of a state educational institution is authorized
to finance under IC 21-35-3 and under IC 21-35-5 by the
issuance of bonds, refunding bonds, or advance refunding
bonds; and

        (3) for purposes of IC 21-35-5, means any property that the
board of trustees of a state educational institution is authorized
to finance by the issuance of revenue obligations issued under
IC 21-35-5.

As added by P.L.2-2007, SEC.276.


IC 21-35-1-10

"Research facility"

    


Sec. 10. "Research facility", for purposes of IC 21-35-3, refers to
property described in IC 21-35-3-2(2).

As added by P.L.2-2007, SEC.276.


IC 21-35-1-11

"Revenue obligations"

    


Sec. 11. "Revenue obligations", for purposes of IC 21-35-5, means
any obligations, including:

        (1) bonds;

        (2) notes;

        (3) temporary, interim, or permanent certificates of
indebtedness;

        (4) debentures; or

        (5) other obligations;

payable out of revenues derived from properties described in
IC 21-35-5.

As added by P.L.2-2007, SEC.276.


IC 21-35-1-12

"Support facility"

    


Sec. 12. "Support facility", for purposes of IC 21-35-3, refers to
property described in IC 21-35-3-2(1).

As added by P.L.2-2007, SEC.276.


IC 21-35-1-13

"User"

    


Sec. 13. "User", for purposes of IC 21-35-7, means any of the
following that has entered into a financing agreement with a state
educational institution or developer in contemplation of the user's use
of the facilities referred to in the agreement:

        (1) A person.

        (2) A firm.

        (3) A partnership.

        (4) A limited liability company.

        (5) A trust.

        (6) An association.

        (7) A corporation.

As added by P.L.2-2007, SEC.276.