IC 21-33-3
Chapter 3. Projects for Land, Buildings, and Facilities; Repair and
Rehabilitation 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 the
commission
Sec. 3. The commission for higher education shall complete a
review of a project approved or authorized by the general assembly
within ninety (90) days after the project is submitted for review. If
the review is not completed within ninety (90) days, the budget
agency or the budget committee may proceed without the
commission'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 committee
budgetary and fiscal matters under this chapter for which it would
like an advisory recommendation.
(b) If a matter is referred to the budget committee, the budget
committee:
(1) shall hold hearings;
(2) may exercise any powers under IC 4-12-1-11; and
(3) shall make an advisory recommendation to the budget
agency.
The advisory recommendation may recommend that the matter as
referred 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 projects
authorized by the general assembly, the board of trustees of a state
educational institution may engage in a project to:
(1) construct buildings or facilities of a cost greater than five
hundred thousand dollars ($500,000); or
(2) purchase or lease-purchase land, buildings, or facilities the
principal value of which exceeds two hundred fifty thousand
dollars ($250,000);
only if there are funds available for the project, the project meets any
of the applicable conditions, and the project is reviewed by the
commission for higher education and approved by the governor upon
recommendation of the budget agency. The review by the
commission for higher education must be completed not later than
ninety (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 fees
assessed all students; and
(2) the project is to:
(A) construct buildings or facilities of a cost greater than
five hundred thousand dollars ($500,000); or
(B) purchase or lease-purchase land, buildings, or facilities
the principal value of which exceeds three hundred thousand
dollars ($300,000);
the project must also be approved by the general assembly.
(c) This section does not limit the board of trustees in
supplementing a project approved by the general assembly from gifts
or other available funds so long as approval for the expansion of the
project is given by the governor on review by the commission for
higher education and recommendation of the budget agency.
(d) The review and approval requirements of this section do not
apply 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 for
students undertaken entirely by a fraternity or sorority at the state
educational 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 projects
authorized by the general assembly, the board of trustees of a state
educational institution may engage in a repair and rehabilitation
project for which:
(1) the cost of the project exceeds seven hundred fifty thousand
dollars ($750,000); and
(2) any part of the cost of the project is paid by state
appropriated funds or by mandatory student fees assessed all
students;
only if the project is reviewed by the commission for higher
education and approved by the governor, on recommendation of the
budget agency. The review by the commission for higher education
must be completed not later than ninety (90) days after the project is
submitted for review.
(b) If no part of the cost of a repair and rehabilitation project is
paid by state appropriated funds or by mandatory student fees
assessed all students, the review and approval requirements of this
section 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 in
a project:
(1) to lease, other than a project to lease-purchase, a building or
facility; and
(2) for which the annual cost of the project exceeds one
hundred fifty thousand dollars ($150,000);
only if the project is reviewed by the commission for higher
education and approved by the governor, on recommendation of the
budget agency. The review by the commission for higher education
must be completed not later than ninety (90) days after the project is
submitted 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 chapter
includes the following:
(1) The estimated cost of architectural, engineering, and
consulting services.
(2) The estimated cost of the construction and any repair and
rehabilitation project.
(3) The purchase price of any land to be purchased for the
project.
(4) For lease-purchase projects, the total rent to be paid over the
terms of the lease and over any additional period for which the
state educational institution has an option for extension or
renewal.
(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 by
the 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 the
board of trustees of any of the state educational institutions, so
long as the issuance of the bonds that are to be supported by
mandatory student fees assessed all students has been approved
by 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 than
ninety thousand dollars ($90,000); or
(B) purchase or lease-purchase land, buildings, or facilities
the principal value of which exceeds fifty thousand dollars
($50,000);
is reviewed by the commission for higher education and
approved by the governor, on recommendation of the budget
agency.
(4) Federal funds granted and allowed a state educational
institution for a project to construct buildings or facilities, so
long as each project:
(A) with a cost greater than ninety thousand dollars
($90,000); or
(B) to purchase or lease-purchase land, buildings, or
facilities the principal value of which exceeds fifty thousand
dollars ($50,000);
is reviewed by the commission for higher education and
approved by the governor, on recommendation of the budget
agency.
(5) Available funds derived from gifts, bequests, devises, or
other source not listed in subdivisions (1) through (4), so long
as each project to:
(A) construct buildings or facilities with a cost greater than
ninety thousand dollars ($90,000); or
(B) purchase or lease-purchase land, buildings, or facilities
the principal value of which exceeds fifty thousand dollars
($50,000);
is reviewed by the commission for higher education and
approved by the governor, on recommendation of the budget
agency. 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 replacement
money for the replacement of student fees dedicated to pay:
(1) the principal and interest costs of bonds as approved by the
general assembly; and
(2) lease-purchase costs. As added by P.L.2-2007, SEC.274.
IC 21-33-3
Chapter 3. Projects for Land, Buildings, and Facilities; Repair and
Rehabilitation 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 the
commission
Sec. 3. The commission for higher education shall complete a
review of a project approved or authorized by the general assembly
within ninety (90) days after the project is submitted for review. If
the review is not completed within ninety (90) days, the budget
agency or the budget committee may proceed without the
commission'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 committee
budgetary and fiscal matters under this chapter for which it would
like an advisory recommendation.
(b) If a matter is referred to the budget committee, the budget
committee:
(1) shall hold hearings;
(2) may exercise any powers under IC 4-12-1-11; and
(3) shall make an advisory recommendation to the budget
agency.
The advisory recommendation may recommend that the matter as
referred 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 projects
authorized by the general assembly, the board of trustees of a state
educational institution may engage in a project to:
(1) construct buildings or facilities of a cost greater than five
hundred thousand dollars ($500,000); or
(2) purchase or lease-purchase land, buildings, or facilities the
principal value of which exceeds two hundred fifty thousand
dollars ($250,000);
only if there are funds available for the project, the project meets any
of the applicable conditions, and the project is reviewed by the
commission for higher education and approved by the governor upon
recommendation of the budget agency. The review by the
commission for higher education must be completed not later than
ninety (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 fees
assessed all students; and
(2) the project is to:
(A) construct buildings or facilities of a cost greater than
five hundred thousand dollars ($500,000); or
(B) purchase or lease-purchase land, buildings, or facilities
the principal value of which exceeds three hundred thousand
dollars ($300,000);
the project must also be approved by the general assembly.
(c) This section does not limit the board of trustees in
supplementing a project approved by the general assembly from gifts
or other available funds so long as approval for the expansion of the
project is given by the governor on review by the commission for
higher education and recommendation of the budget agency.
(d) The review and approval requirements of this section do not
apply 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 for
students undertaken entirely by a fraternity or sorority at the state
educational 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 projects
authorized by the general assembly, the board of trustees of a state
educational institution may engage in a repair and rehabilitation
project for which:
(1) the cost of the project exceeds seven hundred fifty thousand
dollars ($750,000); and
(2) any part of the cost of the project is paid by state
appropriated funds or by mandatory student fees assessed all
students;
only if the project is reviewed by the commission for higher
education and approved by the governor, on recommendation of the
budget agency. The review by the commission for higher education
must be completed not later than ninety (90) days after the project is
submitted for review.
(b) If no part of the cost of a repair and rehabilitation project is
paid by state appropriated funds or by mandatory student fees
assessed all students, the review and approval requirements of this
section 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 in
a project:
(1) to lease, other than a project to lease-purchase, a building or
facility; and
(2) for which the annual cost of the project exceeds one
hundred fifty thousand dollars ($150,000);
only if the project is reviewed by the commission for higher
education and approved by the governor, on recommendation of the
budget agency. The review by the commission for higher education
must be completed not later than ninety (90) days after the project is
submitted 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 chapter
includes the following:
(1) The estimated cost of architectural, engineering, and
consulting services.
(2) The estimated cost of the construction and any repair and
rehabilitation project.
(3) The purchase price of any land to be purchased for the
project.
(4) For lease-purchase projects, the total rent to be paid over the
terms of the lease and over any additional period for which the
state educational institution has an option for extension or
renewal.
(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 by
the 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 the
board of trustees of any of the state educational institutions, so
long as the issuance of the bonds that are to be supported by
mandatory student fees assessed all students has been approved
by 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 than
ninety thousand dollars ($90,000); or
(B) purchase or lease-purchase land, buildings, or facilities
the principal value of which exceeds fifty thousand dollars
($50,000);
is reviewed by the commission for higher education and
approved by the governor, on recommendation of the budget
agency.
(4) Federal funds granted and allowed a state educational
institution for a project to construct buildings or facilities, so
long as each project:
(A) with a cost greater than ninety thousand dollars
($90,000); or
(B) to purchase or lease-purchase land, buildings, or
facilities the principal value of which exceeds fifty thousand
dollars ($50,000);
is reviewed by the commission for higher education and
approved by the governor, on recommendation of the budget
agency.
(5) Available funds derived from gifts, bequests, devises, or
other source not listed in subdivisions (1) through (4), so long
as each project to:
(A) construct buildings or facilities with a cost greater than
ninety thousand dollars ($90,000); or
(B) purchase or lease-purchase land, buildings, or facilities
the principal value of which exceeds fifty thousand dollars
($50,000);
is reviewed by the commission for higher education and
approved by the governor, on recommendation of the budget
agency. 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 replacement
money for the replacement of student fees dedicated to pay:
(1) the principal and interest costs of bonds as approved by the
general assembly; and
(2) lease-purchase costs. As added by P.L.2-2007, SEC.274.
IC 21-33-3
Chapter 3. Projects for Land, Buildings, and Facilities; Repair and
Rehabilitation 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 the
commission
Sec. 3. The commission for higher education shall complete a
review of a project approved or authorized by the general assembly
within ninety (90) days after the project is submitted for review. If
the review is not completed within ninety (90) days, the budget
agency or the budget committee may proceed without the
commission'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 committee
budgetary and fiscal matters under this chapter for which it would
like an advisory recommendation.
(b) If a matter is referred to the budget committee, the budget
committee:
(1) shall hold hearings;
(2) may exercise any powers under IC 4-12-1-11; and
(3) shall make an advisory recommendation to the budget
agency.
The advisory recommendation may recommend that the matter as
referred 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 projects
authorized by the general assembly, the board of trustees of a state
educational institution may engage in a project to:
(1) construct buildings or facilities of a cost greater than five
hundred thousand dollars ($500,000); or
(2) purchase or lease-purchase land, buildings, or facilities the
principal value of which exceeds two hundred fifty thousand
dollars ($250,000);
only if there are funds available for the project, the project meets any
of the applicable conditions, and the project is reviewed by the
commission for higher education and approved by the governor upon
recommendation of the budget agency. The review by the
commission for higher education must be completed not later than
ninety (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 fees
assessed all students; and
(2) the project is to:
(A) construct buildings or facilities of a cost greater than
five hundred thousand dollars ($500,000); or
(B) purchase or lease-purchase land, buildings, or facilities
the principal value of which exceeds three hundred thousand
dollars ($300,000);
the project must also be approved by the general assembly.
(c) This section does not limit the board of trustees in
supplementing a project approved by the general assembly from gifts
or other available funds so long as approval for the expansion of the
project is given by the governor on review by the commission for
higher education and recommendation of the budget agency.
(d) The review and approval requirements of this section do not
apply 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 for
students undertaken entirely by a fraternity or sorority at the state
educational 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 projects
authorized by the general assembly, the board of trustees of a state
educational institution may engage in a repair and rehabilitation
project for which:
(1) the cost of the project exceeds seven hundred fifty thousand
dollars ($750,000); and
(2) any part of the cost of the project is paid by state
appropriated funds or by mandatory student fees assessed all
students;
only if the project is reviewed by the commission for higher
education and approved by the governor, on recommendation of the
budget agency. The review by the commission for higher education
must be completed not later than ninety (90) days after the project is
submitted for review.
(b) If no part of the cost of a repair and rehabilitation project is
paid by state appropriated funds or by mandatory student fees
assessed all students, the review and approval requirements of this
section 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 in
a project:
(1) to lease, other than a project to lease-purchase, a building or
facility; and
(2) for which the annual cost of the project exceeds one
hundred fifty thousand dollars ($150,000);
only if the project is reviewed by the commission for higher
education and approved by the governor, on recommendation of the
budget agency. The review by the commission for higher education
must be completed not later than ninety (90) days after the project is
submitted 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 chapter
includes the following:
(1) The estimated cost of architectural, engineering, and
consulting services.
(2) The estimated cost of the construction and any repair and
rehabilitation project.
(3) The purchase price of any land to be purchased for the
project.
(4) For lease-purchase projects, the total rent to be paid over the
terms of the lease and over any additional period for which the
state educational institution has an option for extension or
renewal.
(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 by
the 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 the
board of trustees of any of the state educational institutions, so
long as the issuance of the bonds that are to be supported by
mandatory student fees assessed all students has been approved
by 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 than
ninety thousand dollars ($90,000); or
(B) purchase or lease-purchase land, buildings, or facilities
the principal value of which exceeds fifty thousand dollars
($50,000);
is reviewed by the commission for higher education and
approved by the governor, on recommendation of the budget
agency.
(4) Federal funds granted and allowed a state educational
institution for a project to construct buildings or facilities, so
long as each project:
(A) with a cost greater than ninety thousand dollars
($90,000); or
(B) to purchase or lease-purchase land, buildings, or
facilities the principal value of which exceeds fifty thousand
dollars ($50,000);
is reviewed by the commission for higher education and
approved by the governor, on recommendation of the budget
agency.
(5) Available funds derived from gifts, bequests, devises, or
other source not listed in subdivisions (1) through (4), so long
as each project to:
(A) construct buildings or facilities with a cost greater than
ninety thousand dollars ($90,000); or
(B) purchase or lease-purchase land, buildings, or facilities
the principal value of which exceeds fifty thousand dollars
($50,000);
is reviewed by the commission for higher education and
approved by the governor, on recommendation of the budget
agency. 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 replacement
money for the replacement of student fees dedicated to pay:
(1) the principal and interest costs of bonds as approved by the
general assembly; and
(2) lease-purchase costs. As added by P.L.2-2007, SEC.274.
