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Repealed
(Repealed by P.L.186-2002, SEC.14.)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 the
following:
(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) or
another group recognized by a political subdivision (as defined
in IC 36-1-2-13) as a group providing firefighting or other
emergency services to the area served by the political
subdivision, the majority of members of which receive no
compensation or nominal compensation for their services.
(3) A corporation, community chest, community fund, or
community foundation that is exempt from federal income
taxation 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 an
instrumentality 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 receive
deposits of surplus lottery revenues collected under this article. The
fund shall be administered by the treasurer of state. The treasurer of
state shall invest the money in the fund that is not needed to meet the
obligations of the fund in the same manner as other public funds are
invested. Money in the fund at the end of a state fiscal year does not
revert 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 auditor
of state shall transfer from the build Indiana fund to the state general
fund motor vehicle excise tax replacement account nineteen million
six hundred eighty-four thousand three hundred seventy dollars
($19,684,370) per month.
(b) This subsection applies only if insufficient money is available
in the build Indiana fund to make the distributions to the state general
fund motor vehicle excise tax replacement account that are required
under subsection (a). Before the twenty-fifth day of each month, the
auditor of state shall transfer from the state general fund to the state
general fund motor vehicle excise tax replacement account the
difference between:
(1) the amount that subsection (a) requires the auditor of state
to distribute from the build Indiana fund to the state general
fund motor vehicle excise tax replacement account; and
(2) the amount that is available for distribution from the build
Indiana fund to the state general fund motor vehicle excise tax
replacement account.
The transfers required under this subsection are annually
appropriated 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, after
making 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 out
by 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 a
state or local capital project must be certified by the budget agency
to the budget committee under section 4.5 of this chapter before the
project may be reviewed and approved under section 10 of this
chapter.
(c) As used in this chapter, "capital project" refers to a capital
project to which the general assembly has appropriated money from
the 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 street
and road projects;
(2) an airport development project that is eligible for a grant or
loan 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 or
structures; or
(F) acquisition or improvement of machinery, equipment,
furnishings, or facilities;
(or any combination of these), that comprises or is functionally
related to an activity that serves a governmental, a recreational,
a cultural, a community, a health, a charitable, a scientific, a
public safety, a literary, or an educational purpose, fosters
amateur sports competition, or fosters prevention of cruelty to
children.
(d) As used in this chapter, "state project" refers to a capital
project that is managed or carried out by an eligible recipient
described in section 2(4) through 2(6) of this chapter.
(e) As used in this chapter, "local project" refers to a capital
project that is managed or carried out by an eligible recipient
described in section 2(1) through 2(3) of this chapter.
(f) In appropriating money from the build Indiana fund for state
and local capital projects, the general assembly shall, to the extent
practicable, allocate money:
(1) equally among legislative districts for the house of
representatives; and
(2) equally among legislative districts for the senate;
without regard to the political affiliation of the member of the
general assembly representing the legislative district or the voting
preferences of the legislative district.
(g) In reviewing and approving projects under section 10 of this
chapter, the budget committee and the governor shall carry out a
program under which, to the extent that projects otherwise qualify
for funding, money for projects is disbursed:
(1) equally among legislative districts for the house of
representatives; and
(2) equally among legislative districts for the senate;
without regard to the political affiliation of the member of the
general assembly representing the legislative district or the voting
preferences 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 project
statement on a form prescribed under subsection (b).
(b) The budget agency shall prescribe a project statement form for
its use in certifying eligible recipients under this section. The form
must require the entity submitting the project statement to provide
the following information:
(1) The name, mailing address, federal tax identification
number, and state tax identification number of the eligible
recipient.
(2) The legal status of the eligible recipient, including whether
the eligible recipient is a governmental entity, a state
educational institution, a volunteer fire department, or an entity
exempt from income taxation under Section 501(c)(3) of the
Internal Revenue Code.
(3) The full name, title, address, and telephone number of the
individual who will serve as the contact person for the project
and a description of any contractual relationship that the person
has with the eligible recipient, if the person is not a member or
an employee of the eligible recipient.
(4) A list of the full name and address of any individual who is
associated with the eligible recipient and who serves as a
presiding officer of a governing board, a managing partner, an
officer, 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 will
be 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 of
completion at the time the project statement is submitted, for
which funding is requested.
(10) The anticipated completion date for the project.
(11) The amounts of funding previously appropriated or
received from the build Indiana fund, including information
concerning any funds not spent at the time the project statement
is submitted.
(12) An itemization of all other governmental and private
sources of funds for the particular project.
(13) The name, position, and telephone number of a contact
person associated with any funding source identified under
subdivision (12).
(14) The financial institution where all funds received under
this chapter will be deposited.
(15) The name, position, and telephone number of a contact
person employed by the financial institution listed under
subdivision (14).
(16) Any additional or alternative information required by the
budget agency.
(c) The budget agency shall review each project statement
submitted 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 the
eligible recipient and capital project have complied with this section
and 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 and
approval of project
Sec. 10. Money appropriated from the build Indiana fund may not
be expended on a state or local capital project or transferred to a
revolving fund for capital projects until the state or local capital
project or transfer is reviewed by the budget committee and approved
by 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 receive
money from the build Indiana fund under section 10 of this chapter
must, 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 the
eligible recipient to do the following:
(1) Complete the project in conformity with the information in
the project statement reviewed and approved under section 10
of this chapter and any subsequent agreements reviewed by the
budget committee and approved by the governor, upon
recommendation of the budget agency.
(2) Acknowledge, on a form prescribed by the budget agency,
the receipt and deposit of money received from the build
Indiana fund. The written acknowledgment must include proof
that the funds have been deposited in the financial institution
listed in the documents described in subdivision (1) and must be
submitted to the budget agency within ten (10) business days
after receipt of the money.
(3) Account for money received from the build Indiana fund in
accordance with generally accepted accounting principles, the
accounting guidelines established by the state board of
accounts, or an alternative method of accounting approved by
the state board of accounts.
(4) Be subject to the audit and the reporting requirements under
IC 5-11-1 (state board of accounts) for each year, beginning
with the year in which money from the build Indiana fund is
received and ending with the year in which the project is
completed.
(5) Upon request, provide for the contact person specified in the
project statement or another person who is knowledgeable
about the project to appear and give testimony to the budget
committee concerning the project.
(6) Submit to the budget agency, on a form prescribed by the
budget agency, verification of the completion of the project not
later than ten (10) business days after the project is complete.
(7) If a project is not completed by the anticipated completion
date specified in the documents described in subdivision (1),
submit to the budget agency, on a form prescribed by the budget
agency, information as to the reason the project is not complete
and the revised completion date of the project. The form must
be submitted before the anticipated completion date specified
in the documents described in subdivision (1).
(8) Pay reasonable attorney's fees and other reasonable
expenses incurred to enforce the provisions of the agreement
described in subdivisions (1) through (7), collect reimbursement
of project funds under subsection (d), or prosecute a violation
of the agreement.
(c) The budget agency shall monitor compliance with the
agreement required under subsection (a).
(d) In addition to any other remedy provided by law, if the eligible
recipient fails to comply with a condition of the agreement required
under subsection (a), the budget agency may, under the procedures
set forth in IC 4-21.5, require the entity to repay all the funds
distributed to the eligible recipient under this chapter. The budget
agency shall give notice of the order under IC 4-21.5-3-4. Money
repaid 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 appropriated
amount for the state or local capital project shall be distributed to the
eligible recipient. Subject to the review and approval required under
section 10 of this chapter, the authorized amount may be distributed
as a lump sum distribution in the full amount of the appropriation or
in a series of progress payments. Upon receipt of documentation
showing that the eligible recipient has paid or is contractually
obligated to pay an expenditure for a project, the appropriation may
be distributed to the eligible recipient. Before making the initial
distribution of money from the build Indiana fund for a state or local
capital project, at least seven (7) days notice of the following shall
be given to each member of the general assembly who represents the
area that will be most benefited by the state or local capital project
and each regular member of the budget committee (as determined
under IC 4-12-1-3) who is affiliated with the same political party and
serves in the same legislative chamber as a member of the general
assembly 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 either
by:
(1) means of an electronic funds transfer (as defined in
IC 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 a
sufficient amount from the build Indiana fund for the budget agency
to:
(1) carry out its responsibilities under this chapter; and
(2) notwithstanding IC 5-11-4-3, pay the expense of
examination and investigation of accounts related to a state or
local capital project. As added by P.L.186-2002, SEC.8.
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 the
following:
(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) or
another group recognized by a political subdivision (as defined
in IC 36-1-2-13) as a group providing firefighting or other
emergency services to the area served by the political
subdivision, the majority of members of which receive no
compensation or nominal compensation for their services.
(3) A corporation, community chest, community fund, or
community foundation that is exempt from federal income
taxation 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 an
instrumentality 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 receive
deposits of surplus lottery revenues collected under this article. The
fund shall be administered by the treasurer of state. The treasurer of
state shall invest the money in the fund that is not needed to meet the
obligations of the fund in the same manner as other public funds are
invested. Money in the fund at the end of a state fiscal year does not
revert 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 auditor
of state shall transfer from the build Indiana fund to the state general
fund motor vehicle excise tax replacement account nineteen million
six hundred eighty-four thousand three hundred seventy dollars
($19,684,370) per month.
(b) This subsection applies only if insufficient money is available
in the build Indiana fund to make the distributions to the state general
fund motor vehicle excise tax replacement account that are required
under subsection (a). Before the twenty-fifth day of each month, the
auditor of state shall transfer from the state general fund to the state
general fund motor vehicle excise tax replacement account the
difference between:
(1) the amount that subsection (a) requires the auditor of state
to distribute from the build Indiana fund to the state general
fund motor vehicle excise tax replacement account; and
(2) the amount that is available for distribution from the build
Indiana fund to the state general fund motor vehicle excise tax
replacement account.
The transfers required under this subsection are annually
appropriated 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, after
making 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 out
by 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 a
state or local capital project must be certified by the budget agency
to the budget committee under section 4.5 of this chapter before the
project may be reviewed and approved under section 10 of this
chapter.
(c) As used in this chapter, "capital project" refers to a capital
project to which the general assembly has appropriated money from
the 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 street
and road projects;
(2) an airport development project that is eligible for a grant or
loan 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 or
structures; or
(F) acquisition or improvement of machinery, equipment,
furnishings, or facilities;
(or any combination of these), that comprises or is functionally
related to an activity that serves a governmental, a recreational,
a cultural, a community, a health, a charitable, a scientific, a
public safety, a literary, or an educational purpose, fosters
amateur sports competition, or fosters prevention of cruelty to
children.
(d) As used in this chapter, "state project" refers to a capital
project that is managed or carried out by an eligible recipient
described in section 2(4) through 2(6) of this chapter.
(e) As used in this chapter, "local project" refers to a capital
project that is managed or carried out by an eligible recipient
described in section 2(1) through 2(3) of this chapter.
(f) In appropriating money from the build Indiana fund for state
and local capital projects, the general assembly shall, to the extent
practicable, allocate money:
(1) equally among legislative districts for the house of
representatives; and
(2) equally among legislative districts for the senate;
without regard to the political affiliation of the member of the
general assembly representing the legislative district or the voting
preferences of the legislative district.
(g) In reviewing and approving projects under section 10 of this
chapter, the budget committee and the governor shall carry out a
program under which, to the extent that projects otherwise qualify
for funding, money for projects is disbursed:
(1) equally among legislative districts for the house of
representatives; and
(2) equally among legislative districts for the senate;
without regard to the political affiliation of the member of the
general assembly representing the legislative district or the voting
preferences 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 project
statement on a form prescribed under subsection (b).
(b) The budget agency shall prescribe a project statement form for
its use in certifying eligible recipients under this section. The form
must require the entity submitting the project statement to provide
the following information:
(1) The name, mailing address, federal tax identification
number, and state tax identification number of the eligible
recipient.
(2) The legal status of the eligible recipient, including whether
the eligible recipient is a governmental entity, a state
educational institution, a volunteer fire department, or an entity
exempt from income taxation under Section 501(c)(3) of the
Internal Revenue Code.
(3) The full name, title, address, and telephone number of the
individual who will serve as the contact person for the project
and a description of any contractual relationship that the person
has with the eligible recipient, if the person is not a member or
an employee of the eligible recipient.
(4) A list of the full name and address of any individual who is
associated with the eligible recipient and who serves as a
presiding officer of a governing board, a managing partner, an
officer, 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 will
be 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 of
completion at the time the project statement is submitted, for
which funding is requested.
(10) The anticipated completion date for the project.
(11) The amounts of funding previously appropriated or
received from the build Indiana fund, including information
concerning any funds not spent at the time the project statement
is submitted.
(12) An itemization of all other governmental and private
sources of funds for the particular project.
(13) The name, position, and telephone number of a contact
person associated with any funding source identified under
subdivision (12).
(14) The financial institution where all funds received under
this chapter will be deposited.
(15) The name, position, and telephone number of a contact
person employed by the financial institution listed under
subdivision (14).
(16) Any additional or alternative information required by the
budget agency.
(c) The budget agency shall review each project statement
submitted 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 the
eligible recipient and capital project have complied with this section
and 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 and
approval of project
Sec. 10. Money appropriated from the build Indiana fund may not
be expended on a state or local capital project or transferred to a
revolving fund for capital projects until the state or local capital
project or transfer is reviewed by the budget committee and approved
by 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 receive
money from the build Indiana fund under section 10 of this chapter
must, 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 the
eligible recipient to do the following:
(1) Complete the project in conformity with the information in
the project statement reviewed and approved under section 10
of this chapter and any subsequent agreements reviewed by the
budget committee and approved by the governor, upon
recommendation of the budget agency.
(2) Acknowledge, on a form prescribed by the budget agency,
the receipt and deposit of money received from the build
Indiana fund. The written acknowledgment must include proof
that the funds have been deposited in the financial institution
listed in the documents described in subdivision (1) and must be
submitted to the budget agency within ten (10) business days
after receipt of the money.
(3) Account for money received from the build Indiana fund in
accordance with generally accepted accounting principles, the
accounting guidelines established by the state board of
accounts, or an alternative method of accounting approved by
the state board of accounts.
(4) Be subject to the audit and the reporting requirements under
IC 5-11-1 (state board of accounts) for each year, beginning
with the year in which money from the build Indiana fund is
received and ending with the year in which the project is
completed.
(5) Upon request, provide for the contact person specified in the
project statement or another person who is knowledgeable
about the project to appear and give testimony to the budget
committee concerning the project.
(6) Submit to the budget agency, on a form prescribed by the
budget agency, verification of the completion of the project not
later than ten (10) business days after the project is complete.
(7) If a project is not completed by the anticipated completion
date specified in the documents described in subdivision (1),
submit to the budget agency, on a form prescribed by the budget
agency, information as to the reason the project is not complete
and the revised completion date of the project. The form must
be submitted before the anticipated completion date specified
in the documents described in subdivision (1).
(8) Pay reasonable attorney's fees and other reasonable
expenses incurred to enforce the provisions of the agreement
described in subdivisions (1) through (7), collect reimbursement
of project funds under subsection (d), or prosecute a violation
of the agreement.
(c) The budget agency shall monitor compliance with the
agreement required under subsection (a).
(d) In addition to any other remedy provided by law, if the eligible
recipient fails to comply with a condition of the agreement required
under subsection (a), the budget agency may, under the procedures
set forth in IC 4-21.5, require the entity to repay all the funds
distributed to the eligible recipient under this chapter. The budget
agency shall give notice of the order under IC 4-21.5-3-4. Money
repaid 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 appropriated
amount for the state or local capital project shall be distributed to the
eligible recipient. Subject to the review and approval required under
section 10 of this chapter, the authorized amount may be distributed
as a lump sum distribution in the full amount of the appropriation or
in a series of progress payments. Upon receipt of documentation
showing that the eligible recipient has paid or is contractually
obligated to pay an expenditure for a project, the appropriation may
be distributed to the eligible recipient. Before making the initial
distribution of money from the build Indiana fund for a state or local
capital project, at least seven (7) days notice of the following shall
be given to each member of the general assembly who represents the
area that will be most benefited by the state or local capital project
and each regular member of the budget committee (as determined
under IC 4-12-1-3) who is affiliated with the same political party and
serves in the same legislative chamber as a member of the general
assembly 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 either
by:
(1) means of an electronic funds transfer (as defined in
IC 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 a
sufficient amount from the build Indiana fund for the budget agency
to:
(1) carry out its responsibilities under this chapter; and
(2) notwithstanding IC 5-11-4-3, pay the expense of
examination and investigation of accounts related to a state or
local capital project. As added by P.L.186-2002, SEC.8.
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 the
following:
(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) or
another group recognized by a political subdivision (as defined
in IC 36-1-2-13) as a group providing firefighting or other
emergency services to the area served by the political
subdivision, the majority of members of which receive no
compensation or nominal compensation for their services.
(3) A corporation, community chest, community fund, or
community foundation that is exempt from federal income
taxation 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 an
instrumentality 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 receive
deposits of surplus lottery revenues collected under this article. The
fund shall be administered by the treasurer of state. The treasurer of
state shall invest the money in the fund that is not needed to meet the
obligations of the fund in the same manner as other public funds are
invested. Money in the fund at the end of a state fiscal year does not
revert 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 auditor
of state shall transfer from the build Indiana fund to the state general
fund motor vehicle excise tax replacement account nineteen million
six hundred eighty-four thousand three hundred seventy dollars
($19,684,370) per month.
(b) This subsection applies only if insufficient money is available
in the build Indiana fund to make the distributions to the state general
fund motor vehicle excise tax replacement account that are required
under subsection (a). Before the twenty-fifth day of each month, the
auditor of state shall transfer from the state general fund to the state
general fund motor vehicle excise tax replacement account the
difference between:
(1) the amount that subsection (a) requires the auditor of state
to distribute from the build Indiana fund to the state general
fund motor vehicle excise tax replacement account; and
(2) the amount that is available for distribution from the build
Indiana fund to the state general fund motor vehicle excise tax
replacement account.
The transfers required under this subsection are annually
appropriated 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, after
making 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 out
by 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 a
state or local capital project must be certified by the budget agency
to the budget committee under section 4.5 of this chapter before the
project may be reviewed and approved under section 10 of this
chapter.
(c) As used in this chapter, "capital project" refers to a capital
project to which the general assembly has appropriated money from
the 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 street
and road projects;
(2) an airport development project that is eligible for a grant or
loan 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 or
structures; or
(F) acquisition or improvement of machinery, equipment,
furnishings, or facilities;
(or any combination of these), that comprises or is functionally
related to an activity that serves a governmental, a recreational,
a cultural, a community, a health, a charitable, a scientific, a
public safety, a literary, or an educational purpose, fosters
amateur sports competition, or fosters prevention of cruelty to
children.
(d) As used in this chapter, "state project" refers to a capital
project that is managed or carried out by an eligible recipient
described in section 2(4) through 2(6) of this chapter.
(e) As used in this chapter, "local project" refers to a capital
project that is managed or carried out by an eligible recipient
described in section 2(1) through 2(3) of this chapter.
(f) In appropriating money from the build Indiana fund for state
and local capital projects, the general assembly shall, to the extent
practicable, allocate money:
(1) equally among legislative districts for the house of
representatives; and
(2) equally among legislative districts for the senate;
without regard to the political affiliation of the member of the
general assembly representing the legislative district or the voting
preferences of the legislative district.
(g) In reviewing and approving projects under section 10 of this
chapter, the budget committee and the governor shall carry out a
program under which, to the extent that projects otherwise qualify
for funding, money for projects is disbursed:
(1) equally among legislative districts for the house of
representatives; and
(2) equally among legislative districts for the senate;
without regard to the political affiliation of the member of the
general assembly representing the legislative district or the voting
preferences 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 project
statement on a form prescribed under subsection (b).
(b) The budget agency shall prescribe a project statement form for
its use in certifying eligible recipients under this section. The form
must require the entity submitting the project statement to provide
the following information:
(1) The name, mailing address, federal tax identification
number, and state tax identification number of the eligible
recipient.
(2) The legal status of the eligible recipient, including whether
the eligible recipient is a governmental entity, a state
educational institution, a volunteer fire department, or an entity
exempt from income taxation under Section 501(c)(3) of the
Internal Revenue Code.
(3) The full name, title, address, and telephone number of the
individual who will serve as the contact person for the project
and a description of any contractual relationship that the person
has with the eligible recipient, if the person is not a member or
an employee of the eligible recipient.
(4) A list of the full name and address of any individual who is
associated with the eligible recipient and who serves as a
presiding officer of a governing board, a managing partner, an
officer, 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 will
be 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 of
completion at the time the project statement is submitted, for
which funding is requested.
(10) The anticipated completion date for the project.
(11) The amounts of funding previously appropriated or
received from the build Indiana fund, including information
concerning any funds not spent at the time the project statement
is submitted.
(12) An itemization of all other governmental and private
sources of funds for the particular project.
(13) The name, position, and telephone number of a contact
person associated with any funding source identified under
subdivision (12).
(14) The financial institution where all funds received under
this chapter will be deposited.
(15) The name, position, and telephone number of a contact
person employed by the financial institution listed under
subdivision (14).
(16) Any additional or alternative information required by the
budget agency.
(c) The budget agency shall review each project statement
submitted 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 the
eligible recipient and capital project have complied with this section
and 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 and
approval of project
Sec. 10. Money appropriated from the build Indiana fund may not
be expended on a state or local capital project or transferred to a
revolving fund for capital projects until the state or local capital
project or transfer is reviewed by the budget committee and approved
by 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 receive
money from the build Indiana fund under section 10 of this chapter
must, 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 the
eligible recipient to do the following:
(1) Complete the project in conformity with the information in
the project statement reviewed and approved under section 10
of this chapter and any subsequent agreements reviewed by the
budget committee and approved by the governor, upon
recommendation of the budget agency.
(2) Acknowledge, on a form prescribed by the budget agency,
the receipt and deposit of money received from the build
Indiana fund. The written acknowledgment must include proof
that the funds have been deposited in the financial institution
listed in the documents described in subdivision (1) and must be
submitted to the budget agency within ten (10) business days
after receipt of the money.
(3) Account for money received from the build Indiana fund in
accordance with generally accepted accounting principles, the
accounting guidelines established by the state board of
accounts, or an alternative method of accounting approved by
the state board of accounts.
(4) Be subject to the audit and the reporting requirements under
IC 5-11-1 (state board of accounts) for each year, beginning
with the year in which money from the build Indiana fund is
received and ending with the year in which the project is
completed.
(5) Upon request, provide for the contact person specified in the
project statement or another person who is knowledgeable
about the project to appear and give testimony to the budget
committee concerning the project.
(6) Submit to the budget agency, on a form prescribed by the
budget agency, verification of the completion of the project not
later than ten (10) business days after the project is complete.
(7) If a project is not completed by the anticipated completion
date specified in the documents described in subdivision (1),
submit to the budget agency, on a form prescribed by the budget
agency, information as to the reason the project is not complete
and the revised completion date of the project. The form must
be submitted before the anticipated completion date specified
in the documents described in subdivision (1).
(8) Pay reasonable attorney's fees and other reasonable
expenses incurred to enforce the provisions of the agreement
described in subdivisions (1) through (7), collect reimbursement
of project funds under subsection (d), or prosecute a violation
of the agreement.
(c) The budget agency shall monitor compliance with the
agreement required under subsection (a).
(d) In addition to any other remedy provided by law, if the eligible
recipient fails to comply with a condition of the agreement required
under subsection (a), the budget agency may, under the procedures
set forth in IC 4-21.5, require the entity to repay all the funds
distributed to the eligible recipient under this chapter. The budget
agency shall give notice of the order under IC 4-21.5-3-4. Money
repaid 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 appropriated
amount for the state or local capital project shall be distributed to the
eligible recipient. Subject to the review and approval required under
section 10 of this chapter, the authorized amount may be distributed
as a lump sum distribution in the full amount of the appropriation or
in a series of progress payments. Upon receipt of documentation
showing that the eligible recipient has paid or is contractually
obligated to pay an expenditure for a project, the appropriation may
be distributed to the eligible recipient. Before making the initial
distribution of money from the build Indiana fund for a state or local
capital project, at least seven (7) days notice of the following shall
be given to each member of the general assembly who represents the
area that will be most benefited by the state or local capital project
and each regular member of the budget committee (as determined
under IC 4-12-1-3) who is affiliated with the same political party and
serves in the same legislative chamber as a member of the general
assembly 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 either
by:
(1) means of an electronic funds transfer (as defined in
IC 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 a
sufficient amount from the build Indiana fund for the budget agency
to:
(1) carry out its responsibilities under this chapter; and
(2) notwithstanding IC 5-11-4-3, pay the expense of
examination and investigation of accounts related to a state or
local capital project. As added by P.L.186-2002, SEC.8.
