2013 Indiana Code
TITLE 5. STATE AND LOCAL ADMINISTRATION
ARTICLE 26. PUBLIC SAFETY COMMUNICATIONS
CHAPTER 5. COMMUNICATIONS SYSTEM INFRASTRUCTURE FUND
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IC 5-26-5
Chapter 5. Communications System Infrastructure Fund
IC 5-26-5-1
"Communications system infrastructure" defined
Sec. 1. As used in this chapter, "communications system
infrastructure" means all or part of the infrastructure of the system
described in IC 5-26-3, including:
(1) towers and the associated land, improvements, foundations,
access roads and rights-of-way, structures, fencing, and
equipment necessary, proper, or convenient to enable the tower
to function as part of the system;
(2) the radio and network equipment necessary, proper, or
convenient to transmit and receive voice and data
communications; and
(3) any other necessary, proper, or convenient elements of the
system.
As added by P.L.123-2002, SEC.14.
IC 5-26-5-2
"Construction" defined
Sec. 2. As used in this chapter, "construction" means the erection,
renovation, refurbishing, or alteration of all or any part of buildings,
improvements, or other structures, including installation of fixtures
or equipment, landscaping of grounds, site work, and providing for
other ancillary facilities pertinent to the buildings or structures.
As added by P.L.123-2002, SEC.14.
IC 5-26-5-3
"Infrastructure fund" defined
Sec. 3. As used in this chapter, "infrastructure fund" refers to the
communications system infrastructure fund.
As added by P.L.123-2002, SEC.14.
IC 5-26-5-4
Establishment of fund
Sec. 4. The communications system infrastructure fund is
established for the purpose of providing communications system
infrastructure. The infrastructure fund consists of distributions
received under IC 5-26-4-1(e).
As added by P.L.123-2002, SEC.14.
IC 5-26-5-5
Administration and investment of fund
Sec. 5. The infrastructure fund shall be administered by the
commission. The treasurer of state shall invest the money in the
infrastructure fund not currently needed to meet the obligations of
the infrastructure fund in the same manner as other public funds may
be invested.
As added by P.L.123-2002, SEC.14.
IC 5-26-5-6
Nonreversion of money
Sec. 6. Money in the infrastructure fund at the end of a state fiscal
year does not revert to the state general fund.
As added by P.L.123-2002, SEC.14.
IC 5-26-5-7
Use of money in fund; purposes
Sec. 7. The commission may use the money in the infrastructure
fund only to pay the following:
(1) The cost of construction of communications system
infrastructure.
(2) The cost of acquisition or leasing of all real or personal
property required for the construction of communications
system infrastructure.
(3) The cost of operation and maintenance of communications
system infrastructure.
(4) The cost of demolishing or removing any buildings,
structures, or improvements on property acquired by the
commission for the construction of communications system
infrastructure.
(5) Engineering and legal expenses, other professional services,
and the costs of plans, specifications, surveys, estimates, and
any necessary feasibility studies.
(6) Payment of rentals and other obligations and performance
of other obligations under use and occupancy agreements or
other contracts or leases relating to the financing of
communications system infrastructure under IC 4-13.5.
As added by P.L.123-2002, SEC.14.
IC 5-26-5-8
Priority of payment of obligations under use and occupancy
agreements
Sec. 8. The commission shall pay its obligations under any use
and occupancy agreement or any other contract or lease with the
Indiana finance authority from money deposited in the infrastructure
fund before making any other disbursement or expenditure of the
money.
As added by P.L.123-2002, SEC.14. Amended by P.L.235-2005,
SEC.92.
IC 5-26-5-9
Appropriation of money in fund; budget agency approval
Sec. 9. There is annually appropriated to the commission the
money in the infrastructure fund for its use, subject to the approval
of the budget agency, in carrying out the purposes described in
section 7 of this chapter.
As added by P.L.123-2002, SEC.14.
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