Sec. 6. (a) A school corporation‘s capital projects expenditure plan or amended plan must limit proposed expenditures to those described in section 7 of this chapter. The plan must include all proposed expenditures that exceed ten thousand dollars ($10,000) and are for:

(1) capital assets; or

Terms Used In Indiana Code 20-40-18-6

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) projects that are considered capital in nature under section 7 of this chapter, including technology related projects.

The department of local government finance shall prescribe the information that is required in a plan.

     (b) The department of local government finance shall prescribe the format of the plan. A plan must:

(1) apply to at least the three (3) years immediately following the year the plan is adopted; and

(2) estimate for each year to which the plan applies the nature and amount of proposed capital expenditures from the fund.

     (c) If a school corporation wants to use money in the operations fund during the year to pay for any items listed in section 7 of this chapter that are considered capital in nature, the governing body must adopt a resolution approving the plan or amended plan. The school corporation shall post the proposed plan or proposed amended plan on the school corporation’s Internet web site before the hearing. The governing body must hold a hearing on the adoption of the resolution as follows:

(1) For a school corporation that has not elected to adopt a budget under IC 6-1.1-17-5.6 or for which a resolution adopted under IC 6-1.1-17-5.6(d) is in effect, the school corporation must hold the hearing and adopt the resolution after January 1 and not later than November 1 of the immediately preceding year.

(2) For a school corporation that elects to adopt a budget under IC 6-1.1-17-5.6, the school corporation must hold the hearing and adopt the resolution after January 1 and not later than April 1 of the immediately preceding school fiscal year.

The governing body shall submit the proposed capital projects expenditure plan or amended plan to the department of local government finance’s computer gateway at least ten (10) days before the hearing on the adoption of the resolution. The department of local government finance shall make the proposed plan available to taxpayers, at least ten (10) days before the hearing, through the department’s computer gateway. The department of local government finance’s computer gateway must allow a taxpayer to search for the proposed plan under this section by the taxpayer’s address. If an amendment to a capital projects expenditure plan is being proposed, the governing body must declare the nature of and the need for the amendment in the resolution to adopt the amendment to the plan. The plan, as proposed to be amended, must comply with the requirements for a plan under this section.

     (d) If a governing body adopts the resolution specified in subsection (c), the school corporation must then submit the resolution to the department of local government finance in the manner prescribed by the department. In addition, the governing body shall submit the plan or amended plan that is approved in the resolution to the department of local government finance’s computer gateway not later than thirty (30) days after adoption of the resolution. The department of local government finance shall immediately make the adopted plan available to taxpayers through the department’s computer gateway.

     (e) This subsection applies to an amendment to a plan that is required because of an emergency that results in costs that exceed the amount accumulated in the fund for repair, replacement, or site acquisition that is necessitated by an emergency. The governing body is not required to comply with subsection (c) or (d). If the governing body determines that an emergency exists, the governing body may adopt a resolution to amend the plan. An amendment to the plan is not subject to the deadline and the procedures for adoption described in this section.

As added by P.L.244-2017, SEC.86. Amended by P.L.140-2018, SEC.16; P.L.238-2019, SEC.14.

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