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IC 20-40-8-1 Version a
"Calendar year distribution"
Note: This version of section effective until 1-1-2009. See also
following version of this section, effective 1-1-2009.
Sec. 1. As used in this chapter, "calendar year distribution" means
the sum of the following:
(1) A school corporation's:
(A) state tuition support; and
(B) maximum permissible tuition support levy (as defined in
IC 20-45-1-15);
for the calendar year.
(2) The school corporation's excise tax revenue (as defined in
IC 20-43-1-12) for the immediately preceding calendar year.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-1 Version b
"Calendar year distribution"
Note: This version of section effective 1-1-2009. See also
preceding version of this section, effective until 1-1-2009.
Sec. 1. As used in this chapter, "calendar year distribution" means
the sum of the following:
(1) A school corporation's:
(A) state tuition support; and
(B) maximum permissible tuition support levy (as defined in
IC 20-45-1-15 before its repeal);
for the calendar year.
(2) The school corporation's excise tax revenue (as defined in
IC 20-43-1-12) for the immediately preceding calendar year.
As added by P.L.2-2006, SEC.163. Amended by P.L.146-2008,
SEC.477.
IC 20-40-8-2
"Emergency"
Sec. 2. As used in this chapter, "emergency" means:
(1) when used with respect to repair or replacement:
(A) a fire;
(B) a flood;
(C) a windstorm;
(D) a mechanical failure of any part of a structure; or
(E) an unforeseeable circumstance; and
(2) when used with respect to site acquisition, the unforeseeable
availability of real property for purchase.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-3
"Fund"
Sec. 3. As used in this chapter, "fund" refers to the capital projects
fund established under section 6 of this chapter.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-4
"Levy"
Sec. 4. As used in this chapter, "levy" refers to a property tax levy
imposed under IC 20-46-6 for the fund.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-5
"Plan"
Sec. 5. As used in this chapter, "plan" refers to a plan or amended
plan adopted and approved under IC 20-46-6.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-6
Establishment of fund
Sec. 6. A school corporation may establish a capital projects fund.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-7
Deposit of interest
Sec. 7. Interest on money in the fund, including the fund's pro rata
share of interest earned on the investment of total money on deposit,
shall be deposited in the fund. However, the governing body may
adopt a resolution to transfer any interest earned on money in the
fund to the school corporation's general fund.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-8
Requirement of expenditure plan
Sec. 8. Notwithstanding IC 6-1.1-17, the department of local
government finance may approve appropriations from the fund only
if the appropriations conform to a plan.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-9
Rules
Sec. 9. The department of local government finance may adopt
rules under IC 4-22-2 to implement this chapter and IC 20-46-6.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-10
Uses; land and improvements
Sec. 10. (a) Except as provided in subsection (b), with respect to
any facility used or to be used by the school corporation, money in
the fund may be used to pay for the following:
(1) Planned construction, repair, replacement, or remodeling.
(2) Site acquisition.
(3) Site development.
IC 20-40-8-11
Uses; equipment
Sec. 11. Money in the fund may be used to pay for the purchase,
lease, repair, or maintenance of equipment to be used by the school
corporation. However, money in the fund may not be used to pay for
the purchase, lease, repair, or maintenance of the following:
(1) Vehicles to be used for any purpose.
(2) Except as provided in section 12 of this chapter, equipment
to be used primarily for interscholastic or extracurricular
activities.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-12
Uses; school sports facilities
Sec. 12. Money in the fund may be used to pay for the
construction, repair, replacement, remodeling, or maintenance of a
school sports facility. However, a school corporation's expenditures
in a calendar year under this section may not exceed five percent
(5%) of the property tax revenues levied for the fund in the calendar
year.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-13
Uses; computer systems
Sec. 13. Money in the fund may be used for any of the following
purposes:
(1) To purchase, lease, upgrade, maintain, or repair one (1) or
more of the following:
(A) Computer hardware.
(B) Computer software.
(C) Wiring and computer networks.
(D) Communication access systems used to connect with
computer networks or electronic gateways.
(2) To pay for the services of full-time or part-time computer
maintenance employees.
(3) To conduct nonrecurring in-service technology training of
school employees.
IC 20-40-8-14
Uses; vocational capital expenditures
Sec. 14. Money in the fund may be used to purchase any of the
following for the use of vocational building trades classes to
construct new buildings and remodel existing buildings:
(1) Building sites.
(2) Buildings in need of renovation.
(3) Building materials.
(4) Equipment.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-15
Uses; renting or leasing real estate
Sec. 15. Money in the fund may be used for leasing or renting
existing real estate. However, money in the fund may not be used for
payments authorized under IC 20-47-2 and IC 20-47-3.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-16
Uses; skilled trades
Sec. 16. (a) For purposes of this section, maintenance does not
include janitorial or comparable routine services normally provided
in the daily operation of the facilities or equipment.
(b) Subject to this section, money in the fund may be used to pay
for services of school corporation employees who are:
(1) bricklayers;
(2) stone masons;
(3) cement masons;
(4) tile setters;
(5) glaziers;
(6) insulation workers;
(7) asbestos removers;
(8) painters;
IC 20-40-8-17
Uses; energy savings contracts
Sec. 17. Money in the fund may be used to pay for energy saving
contracts entered into by a school corporation under IC 36-1-12.5.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-18
Uses; indoor air quality
Sec. 18. Money in the fund may be used to carry out a plan
developed under IC 16-41-37.5.
As added by P.L.2-2006, SEC.163.
IC 20-40-8-19
Uses; utility services; insurance
Sec. 19. Money in the fund may be used to pay for up to one
hundred percent (100%) of the following costs of a school
corporation:
(1) Utility services.
(2) Property or casualty insurance.
(3) Both utility services and property or casualty insurance.
A school corporation's expenditures under this section may not
exceed in 2008 and in 2009 three and five-tenths percent (3.5%) of
the school corporation's 2005 calendar year distribution.
As added by P.L.2-2006, SEC.163. Amended by P.L.234-2007,
SEC.230; P.L.146-2008, SEC.528.
IC 20-40-8-20
Uses; transfers to other funds
Sec. 20. Money in the fund may be transferred to another fund and
used as provided by law. The laws permitting a transfer of money
from the fund include the following:
(1) IC 20-20-10-5 (implementation of technology preparation
task force).
(2) IC 20-40-11-3 (repair and replacement fund).
(3) IC 20-40-12-6 (self-insurance fund).
(4) IC 20-49-4-22 (advance for educational technology
program).
As added by P.L.2-2006, SEC.163. Amended by P.L.234-2007,
SEC.231.
IC 20-40-8-21
Transfer of money in the fund to replace lost property tax revenue;
amount of transfer
Effective 1-1-2009.
Sec. 21. Money in the fund may be transferred to another fund to
replace property tax revenues lost to the fund as a result of the
granting of circuit breaker credits under IC 6-1.1-20.6. A school
corporation shall make a transfer of money under this section if the
fund experiencing a shortfall is a debt service fund and money is not
transferred from any other fund to cover the shortfall. The amount
transferred must be equal to the amount of the shortfall that is not
replaced from other funds.
As added by P.L.146-2008, SEC.478.