Second Regular Session 116th General Assembly (2010)
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SENATE ENROLLED ACT No. 257
AN ACT to amend the Indiana Code concerning higher education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 21-18-3-2; (10)SE0257.1.1. -->
SECTION 1. IC 21-18-3-2, AS ADDED BY P.L.2-2007, SECTION
259, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2. Except for the one (1) full-time faculty member and
the one (1) student member, a member may not:
(1) be an a full-time employee of; or
(2) serve on the governing board of;
any state public or private college or university in Indiana.
SOURCE: IC 21-27-2-2; (10)SE0257.1.2. -->
SECTION 2. IC 21-27-2-2, AS ADDED BY P.L.179-2007,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. (a) This section applies to a meeting of:
(1) the board of trustees or a committee of the board of trustees of
any state educational institution (as defined in IC 21-7-13-32);
or
(2) the commission for higher education established under
IC 21-18-2-1.
(b) A member of the board of trustees
or the commission for
higher education may participate in a meeting of the board
or
commission:
(1) at which at least a quorum is physically present at the place
where the meeting is conducted; and
(2) by using a means of communication that permits:
(A) all other members participating in the meeting; and
(B) all members of the public physically present at the place
where the meeting is conducted;
to simultaneously communicate with each other during the
meeting.
(c) A member of a committee of the board of trustees may
participate in a committee meeting by using a means of communication
that permits:
(1) all other members participating in the meeting; and
(2) all members of the public physically present at the place
where the meeting is conducted;
to simultaneously communicate with each other during the meeting.
(d) A member who participates in a meeting under subsection (b) or
(c) is considered to be present at the meeting.
(e) The memoranda of the meeting prepared under IC 5-14-1.5-4
must state the name of:
(1) each member who was physically present at the place where
the meeting was conducted;
(2) each member who participated in the meeting by using a
means of communication described in subsection (b) or (c); and
(3) each member who was absent.
SOURCE: IC 21-33-3-3; (10)SE0257.1.3. -->
SECTION 3. IC 21-33-3-3, AS ADDED BY P.L.2-2007, SECTION
274, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 3. (a) Except as provided in subsection (b), a project that
has been approved or authorized by the general assembly is not subject
to review by the commission for higher education.
(b) The commission for higher education shall complete a review
of a project approved or authorized by the general assembly if the
review is requested by 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.
SOURCE: IC 21-33-3-5; (10)SE0257.1.4. -->
SECTION 4. IC 21-33-3-5, AS ADDED BY P.L.2-2007, SECTION
274, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: 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.
SOURCE: IC 21-33-3-6; (10)SE0257.1.5. -->
SECTION 5. IC 21-33-3-6, AS ADDED BY P.L.2-2007, SECTION
274, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: 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).
SOURCE: IC 21-33-3-7; (10)SE0257.1.6. -->
SECTION 6. IC 21-33-3-7, AS ADDED BY P.L.2-2007, SECTION
274, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: 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.
SOURCE: IC 21-43-5-13; (10)SE0257.1.7. -->
SECTION 7. IC 21-43-5-13, AS ADDED BY P.L.2-2007,
SECTION 284, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 13. After June 30,
2008, 2010, a
state educational institution or campus of a state educational institution
that offers dual credit courses in liberal arts, professional, or career and
technical disciplines must be
either:
(1) accredited by the National Alliance of Concurrent Enrollment
Partnerships;
or
(2) approved by the commission for higher education.
SEA 257
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