1. (a) "Educational facility project" includes:

   1. (1) the acquisition of land, site improvements, infrastructure improvements, buildings, or structures, the rehabilitation, renovation, and enlargement of buildings and structures, machinery, equipment, furnishings, or facilities (or any combination of these):

      1. (A) comprising or being functionally related and subordinate to any aquaria, botanical societies, historical societies, libraries, museums, performing arts associations or societies, scientific societies, zoological societies, and independent elementary, secondary, or postsecondary educational institution (or any combination of these) that engages in the cultural, intellectual, scientific, educational, or artistic enrichment of the people of the state the development or expansion of which serves the purposes set forth in IC 4-4-11-2 ;
      2. (B) is not used or to be used primarily for sectarian instruction or study or as a place for devotional activities; and
      3. (C) is not used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination; or

   2. (2) funding (including reimbursement or refinancing) by a nonprofit organization described in subsection (b) of:

      1. (A) real property and improvements;
      2. (B) personal property; or
      3. (C) noncapital costs to fund a judgment, a settlement, or other cost or liability, other than an ordinary and recurring operating cost or expenditure.

2. (b) For purposes of subsection (a)(2), a nonprofit organization must be:

   1. (1) qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code; and
   2. (2) have headquarters or a primary educational or exhibit facility located on property owned by or titled in the name of the state of Indiana or an agency, a commission, or an instrumentality of the state of Indiana that serves the purposes set forth in IC 4-4-11-2 .

As added by P.L.24-1995, SEC.6. Amended by P.L.4-2002, SEC.1; P.L.2-2007, SEC.21.