CHAPTER 17. BUILD INDIANA FUND
IC 4-30-17
Chapter 17. Build Indiana Fund
IC 4-30-17-1
Repealed
(Repealed by P.L.186-2002, SEC.14.)
IC 4-30-17-2
Definitions
Sec. 2. As used in this chapter, "eligible recipient" means thefollowing:
(1) Any political subdivision (as defined in IC 36-1-2-13).
(2) A volunteer fire department (as defined in IC 36-8-12-2) oranother group recognized by a political subdivision (as definedin IC 36-1-2-13) as a group providing firefighting or otheremergency services to the area served by the politicalsubdivision, the majority of members of which receive nocompensation or nominal compensation for their services.
(3) A corporation, community chest, community fund, orcommunity foundation that is exempt from federal incometaxation under Section 501(c)(3) of the Internal Revenue Code.
(4) The state.
(5) A state educational institution.
(6) Any body corporate and politic that serves as aninstrumentality of the state.
As added by P.L.341-1989(ss), SEC.1. Amended by P.L.186-2002,SEC.1; P.L.2-2007, SEC.63.
IC 4-30-17-3
Establishment; purpose; administration; investment of funds
Sec. 3. There is established the build Indiana fund to receivedeposits of surplus lottery revenues collected under this article. Thefund shall be administered by the treasurer of state. The treasurer ofstate shall invest the money in the fund that is not needed to meet theobligations of the fund in the same manner as other public funds areinvested. Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.341-1989(ss), SEC.1.
IC 4-30-17-3.5
Transfer of revenue
Sec. 3.5. (a) Before the twenty-fifth day of the month, the auditorof state shall transfer from the build Indiana fund to the state generalfund motor vehicle excise tax replacement account nineteen millionsix hundred eighty-four thousand three hundred seventy dollars($19,684,370) per month.
(b) This subsection applies only if insufficient money is availablein the build Indiana fund to make the distributions to the state generalfund motor vehicle excise tax replacement account that are requiredunder subsection (a). Before the twenty-fifth day of each month, the
auditor of state shall transfer from the state general fund to the stategeneral fund motor vehicle excise tax replacement account thedifference between:
(1) the amount that subsection (a) requires the auditor of stateto distribute from the build Indiana fund to the state generalfund motor vehicle excise tax replacement account; and
(2) the amount that is available for distribution from the buildIndiana fund to the state general fund motor vehicle excise taxreplacement account.
The transfers required under this subsection are annuallyappropriated from the state general fund.
As added by P.L.33-1990, SEC.3. Amended by P.L.25-1995, SEC.4;P.L.260-1997(ss), SEC.39; P.L.186-2002, SEC.2.
IC 4-30-17-4
Repealed
(Repealed by P.L.1-1991, SEC.22.)
IC 4-30-17-4.1
Use of funds; state and local capital projects
Sec. 4.1. (a) Money credited to the build Indiana fund, aftermaking the disbursements required under section 3.5 of this chapter,may be used only for:
(1) state or local capital projects that are managed or carried outby an eligible recipient; or
(2) deposit in a revolving loan fund for capital projects.
(b) An expenditure of money from the build Indiana fund for astate or local capital project must be certified by the budget agencyto the budget committee under section 4.5 of this chapter before theproject may be reviewed and approved under section 10 of thischapter.
(c) As used in this chapter, "capital project" refers to a capitalproject to which the general assembly has appropriated money fromthe build Indiana fund by project name, name of an eligible recipient,or other description of the capital project. The term includes:
(1) the construction of airports, airport facilities, and local streetand road projects;
(2) an airport development project that is eligible for a grant orloan under IC 8-21-11; and
(3) any other:
(A) acquisition of land;
(B) site improvements;
(C) infrastructure improvements;
(D) construction of buildings or structures;
(E) rehabilitation, renovation, or enlargement of buildings orstructures; or
(F) acquisition or improvement of machinery, equipment,furnishings, or facilities;
(or any combination of these), that comprises or is functionallyrelated to an activity that serves a governmental, a recreational,
a cultural, a community, a health, a charitable, a scientific, apublic safety, a literary, or an educational purpose, fostersamateur sports competition, or fosters prevention of cruelty tochildren.
(d) As used in this chapter, "state project" refers to a capitalproject that is managed or carried out by an eligible recipientdescribed in section 2(4) through 2(6) of this chapter.
(e) As used in this chapter, "local project" refers to a capitalproject that is managed or carried out by an eligible recipientdescribed in section 2(1) through 2(3) of this chapter.
(f) In appropriating money from the build Indiana fund for stateand local capital projects, the general assembly shall, to the extentpracticable, allocate money:
(1) equally among legislative districts for the house ofrepresentatives; and
(2) equally among legislative districts for the senate;
without regard to the political affiliation of the member of thegeneral assembly representing the legislative district or the votingpreferences of the legislative district.
(g) In reviewing and approving projects under section 10 of thischapter, the budget committee and the governor shall carry out aprogram under which, to the extent that projects otherwise qualifyfor funding, money for projects is disbursed:
(1) equally among legislative districts for the house ofrepresentatives; and
(2) equally among legislative districts for the senate;
without regard to the political affiliation of the member of thegeneral assembly representing the legislative district or the votingpreferences of the legislative district.
As added by P.L.1-1991, SEC.23. Amended by P.L.25-1995, SEC.5;P.L.186-2002, SEC.3.
IC 4-30-17-4.5
Project statement
Sec. 4.5. (a) To receive funding for a state or local capital project,an eligible recipient must provide the budget agency with a projectstatement on a form prescribed under subsection (b).
(b) The budget agency shall prescribe a project statement form forits use in certifying eligible recipients under this section. The formmust require the entity submitting the project statement to providethe following information:
(1) The name, mailing address, federal tax identificationnumber, and state tax identification number of the eligiblerecipient.
(2) The legal status of the eligible recipient, including whetherthe eligible recipient is a governmental entity, a stateeducational institution, a volunteer fire department, or an entityexempt from income taxation under Section 501(c)(3) of theInternal Revenue Code.
(3) The full name, title, address, and telephone number of the
individual who will serve as the contact person for the projectand a description of any contractual relationship that the personhas with the eligible recipient, if the person is not a member oran employee of the eligible recipient.
(4) A list of the full name and address of any individual who isassociated with the eligible recipient and who serves as apresiding officer of a governing board, a managing partner, anofficer, or an office manager of the eligible recipient.
(5) The name and a description of the project.
(6) The street or other physical address where the project willbe located when completed.
(7) A statement of the need for the project.
(8) An estimate of the total project cost.
(9) The current status of the project, including the percentage ofcompletion at the time the project statement is submitted, forwhich funding is requested.
(10) The anticipated completion date for the project.
(11) The amounts of funding previously appropriated orreceived from the build Indiana fund, including informationconcerning any funds not spent at the time the project statementis submitted.
(12) An itemization of all other governmental and privatesources of funds for the particular project.
(13) The name, position, and telephone number of a contactperson associated with any funding source identified undersubdivision (12).
(14) The financial institution where all funds received underthis chapter will be deposited.
(15) The name, position, and telephone number of a contactperson employed by the financial institution listed undersubdivision (14).
(16) Any additional or alternative information required by thebudget agency.
(c) The budget agency shall review each project statementsubmitted under this section. If the budget agency determines that:
(1) the project statement is complete;
(2) the recipient qualifies as an eligible recipient; and
(3) an appropriation applies to the eligible recipient and project;
the budget agency shall certify to the budget committee that theeligible recipient and capital project have complied with this sectionand provide a copy of the project statement to the budget committee.
As added by P.L.186-2002, SEC.4.
IC 4-30-17-5
Repealed
(Repealed by P.L.186-2002, SEC.14.)
IC 4-30-17-6
Repealed
(Repealed by P.L.186-2002, SEC.14.)
IC 4-30-17-7
Repealed
(Repealed by P.L.186-2002, SEC.14.)
IC 4-30-17-7.5
Repealed
(Repealed by P.L.186-2002, SEC.14.)
IC 4-30-17-8
Repealed
(Repealed by P.L.186-2002, SEC.14.)
IC 4-30-17-9
Repealed
(Repealed by P.L.186-2002, SEC.14.)
IC 4-30-17-10
Use of money appropriated for capital projects; prior review andapproval of project
Sec. 10. Money appropriated from the build Indiana fund may notbe expended on a state or local capital project or transferred to arevolving fund for capital projects until the state or local capitalproject or transfer is reviewed by the budget committee and approvedby the governor upon the recommendation of the budget agency.
As added by P.L.341-1989(ss), SEC.1. Amended by P.L.33-1990,SEC.10; P.L.25-1995, SEC.6; P.L.186-2002, SEC.5.
IC 4-30-17-11
Grant agreement
Sec. 11. (a) Each eligible recipient that is approved to receivemoney from the build Indiana fund under section 10 of this chaptermust, as a condition of receiving money from the build Indiana fund,enter into a funding agreement with the budget agency.
(b) The agreement required under subsection (a) must obligate theeligible recipient to do the following:
(1) Complete the project in conformity with the information inthe project statement reviewed and approved under section 10of this chapter and any subsequent agreements reviewed by thebudget committee and approved by the governor, uponrecommendation of the budget agency.
(2) Acknowledge, on a form prescribed by the budget agency,the receipt and deposit of money received from the buildIndiana fund. The written acknowledgment must include proofthat the funds have been deposited in the financial institutionlisted in the documents described in subdivision (1) and must besubmitted to the budget agency within ten (10) business daysafter receipt of the money.
(3) Account for money received from the build Indiana fund inaccordance with generally accepted accounting principles, theaccounting guidelines established by the state board of
accounts, or an alternative method of accounting approved bythe state board of accounts.
(4) Be subject to the audit and the reporting requirements underIC 5-11-1 (state board of accounts) for each year, beginningwith the year in which money from the build Indiana fund isreceived and ending with the year in which the project iscompleted.
(5) Upon request, provide for the contact person specified in theproject statement or another person who is knowledgeableabout the project to appear and give testimony to the budgetcommittee concerning the project.
(6) Submit to the budget agency, on a form prescribed by thebudget agency, verification of the completion of the project notlater than ten (10) business days after the project is complete.
(7) If a project is not completed by the anticipated completiondate specified in the documents described in subdivision (1),submit to the budget agency, on a form prescribed by the budgetagency, information as to the reason the project is not completeand the revised completion date of the project. The form mustbe submitted before the anticipated completion date specifiedin the documents described in subdivision (1).
(8) Pay reasonable attorney's fees and other reasonableexpenses incurred to enforce the provisions of the agreementdescribed in subdivisions (1) through (7), collect reimbursementof project funds under subsection (d), or prosecute a violationof the agreement.
(c) The budget agency shall monitor compliance with theagreement required under subsection (a).
(d) In addition to any other remedy provided by law, if the eligiblerecipient fails to comply with a condition of the agreement requiredunder subsection (a), the budget agency may, under the proceduresset forth in IC 4-21.5, require the entity to repay all the fundsdistributed to the eligible recipient under this chapter. The budgetagency shall give notice of the order under IC 4-21.5-3-4. Moneyrepaid under this section shall be deposited in the build Indiana fund.
As added by P.L.186-2002, SEC.6.
IC 4-30-17-12
Distribution of project funds; procedures
Sec. 12. (a) Upon compliance with this chapter, the appropriatedamount for the state or local capital project shall be distributed to theeligible recipient. Subject to the review and approval required undersection 10 of this chapter, the authorized amount may be distributedas a lump sum distribution in the full amount of the appropriation orin a series of progress payments. Upon receipt of documentationshowing that the eligible recipient has paid or is contractuallyobligated to pay an expenditure for a project, the appropriation maybe distributed to the eligible recipient. Before making the initialdistribution of money from the build Indiana fund for a state or localcapital project, at least seven (7) days notice of the following shall
be given to each member of the general assembly who represents thearea that will be most benefited by the state or local capital projectand each regular member of the budget committee (as determinedunder IC 4-12-1-3) who is affiliated with the same political party andserves in the same legislative chamber as a member of the generalassembly who represents the area:
(1) A copy of the project statement for the project.
(2) The approximate date that the money will be distributed.
(b) Money distributed under this section must be distributed eitherby:
(1) means of an electronic funds transfer (as defined inIC 4-8.1-2-7); or
(2) delivery of a warrant of the auditor of state by certified mail.
As added by P.L.186-2002, SEC.7.
IC 4-30-17-13
Continuing appropriation
Sec. 13. There is annually appropriated to the budget agency asufficient amount from the build Indiana fund for the budget agencyto:
(1) carry out its responsibilities under this chapter; and
(2) notwithstanding IC 5-11-4-3, pay the expense ofexamination and investigation of accounts related to a state orlocal capital project.
As added by P.L.186-2002, SEC.8.