§ 9-18.5-15-6 — Duties of school corporations receiving fees; distribution and report to county auditor; distribution and notice to school corporations identifying recipient educational foundation

Indiana § 9-18.5-15-6

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 18.5: DISTINCTIVE LICENSE PLATES
• Ch. 15: Education License Plates

Text

(a) If an educational foundation that is
exempt from federal income taxation under Internal Revenue Code
Section 501(c)(3) is established as an Indiana nonprofit corporation for
the benefit of a school corporation designated to receive a fee under
section 4(c) of this chapter, fees designated to go to the school
corporation shall be distributed to an educational foundation that
provides benefit to the designated school corporation. A school
corporation that receives benefit from an educational foundation that
meets the requirements of this section shall:
(1) obtain a certificate from the educational foundation that
certifies to the school corporation and the county auditor that the
educational foundation:
(A) is exempt from federal income taxation under Internal
Revenue Code Section 501(c)(3); and
(B) is established as an Indiana nonprofit corporation to provide
benefit to the school corporation; and
(2) provide a copy of the certificate described in subdivision (1)
to the county auditor.
(b) If a school corporation designated to receive a fee under section
4(c) of this chapter does not receive benefit from an educational
foundation described under subsection (a), the fees designated to go to
the school corporation shall be distributed to the school corporation
and may be used only for purposes other than salaries and related
fringe benefits.
(c) Before the twentieth day of the calendar month following the
calendar month in which a fee was collected, the bureau shall distribute
the fees collected under this chapter to the county auditor of the county
in which the designated school corporation's administration office is
located. Each monthly distribution under this subsection shall be
accompanied by a report to the auditor that shows:
(1) the total amount of the monthly distribution for all school
corporations in the county that were designated to receive an
education license plate fee under this chapter; and
(2) the amount of the fees that are to be distributed to each
designated school corporation in the county.
(d) Within thirty (30) days of receipt of a distribution from the
bureau under subsection (c), the county auditor shall distribute the fees
received to:
(1) an educational foundation under subsection (a), if the school
corporation has provided a copy of the certificate described in
subsection (a); or
(2) the school corporation under subsection (b);
whichever subsection is applicable. The county auditor shall designate
which school corporation is to receive benefit in connection with a
distribution to an educational foundation under this subsection. If the
school corporation receives benefit from more than one (1) educational
foundation, the superintendent of the benefited school corporation shall
determine, and inform the auditor in writing, how fees received are to
be distributed to the educational foundations. The county auditor shall,
simultaneously with a distribution to an educational foundation, send
the school corporation to receive benefit a notice of the distribution that
identifies the recipient educational foundation and the date and the
amount of the distribution.
(e) Funds received by an educational foundation under this chapter
must be used to provide benefit to the designated school corporation.
[Pre-2016 Revision Citation: 9-18-31-7.]

Legislative History

As added by P.L.198-2016, SEC.327.