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2012 Indiana Code
TITLE 21. HIGHER EDUCATION
ARTICLE 28. STATE EDUCATIONAL INSTITUTIONS: COOPERATIVE ARRANGEMENTS, INTERSTATE COMPACTS; EDUCATIONAL SUPPORT ENTITIES
CHAPTER 4. JOINT BUILDING AND FINANCING AGREEMENTS; JOINT LABORATORY SCHOOL AGREEMENTS

IC 21-28-4
Chapter 4. Joint Building and Financing Agreements; Joint Laboratory School Agreements

IC 21-28-4-1
Applicability of chapter
Sec. 1. This chapter applies to all state educational institutions.
As added by P.L.2-2007, SEC.269.

IC 21-28-4-2
Board; limitation of powers
Sec. 2. This chapter does not authorize the board of trustees of a state educational institution to exercise a power under an agreement that the board of trustees could not otherwise separately exercise under an enabling statute.
As added by P.L.2-2007, SEC.269.

IC 21-28-4-3
Joint powers
Sec. 3. If:
(1) the board of trustees of a state educational institution wants to exercise a power or powers conferred to it under one (1) or more of the state educational institution's enabling statutes; and
(2) the board of trustees of one (1) or more other state educational institutions want to exercise a power or powers conferred to it or them under one (1) or more enabling statutes;
both or all of those boards of trustees may exercise the powers jointly as provided in this chapter.
As added by P.L.2-2007, SEC.269.

IC 21-28-4-4
Resolutions
Sec. 4. A board of trustees that wants to exercise powers granted in an enabling act must enter into a written agreement by resolution.
As added by P.L.2-2007, SEC.269.

IC 21-28-4-5
Agreements
Sec. 5. An agreement:
(1) must provide for the following:
(A) Its duration.
(B) Its purpose.
(C) The manner of:
(i) financing, staffing, and supplying the joint undertaking; and
(ii) establishing and maintaining a budget for the joint undertaking.
(D) The methods that may be employed to:
(i) accomplish the partial or complete termination of the agreement; and (ii) dispose of property upon partial or complete termination.
(E) Administration through a separate legal entity.
(F) With respect to a separate legal entity:
(i) the nature;
(ii) the organization;
(iii) the composition; and
(iv) the powers;
of the separate legal entity; and
(2) may provide for any other appropriate matters.
As added by P.L.2-2007, SEC.269.

IC 21-28-4-6
Separate legal entities; powers
Sec. 6. A separate legal entity established by an agreement has only the powers delegated to it by the agreement.
As added by P.L.2-2007, SEC.269.

IC 21-28-4-7
Agreement filings
Sec. 7. Before an agreement takes effect, a copy of the agreement must be filed with the board of trustees of each state educational institution that is a party to the agreement.
As added by P.L.2-2007, SEC.269.

IC 21-28-4-8
Agreement filings; state board of accounts
Sec. 8. Not later than sixty (60) days after an agreement takes effect, a copy of the agreement must be filed with:
(1) the state board of accounts for audit purposes; and
(2) the budget agency.
As added by P.L.2-2007, SEC.269.

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