Indiana 2023 Regular Session

Indiana House Bill HB1405 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1405
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-40-2-6.
7	7	Synopsis: Education fund transfers. Provides that each school
8	8	corporation shall make every reasonable effort to transfer not more than
9	9	20% (instead of 15%) of the total revenue deposited in the school
10	10	corporation's education fund from the school corporation's education
11	11	fund to the school corporation's operations fund during calendar year
12	12	2023 and calendar year 2024. Makes conforming changes regarding the
13	13	excessive education fund transfer list.
14	14	Effective: Upon passage.
15	15	Carbaugh
16	16	January 17, 2023, read first time and referred to Committee on Ways and Means.
17	17	2023 IN 1405—LS 6876/DI 110 Introduced
18	18	First Regular Session of the 123rd General Assembly (2023)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2022 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1405
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	education.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 20-40-2-6, AS AMENDED BY P.L.139-2022,
33	33	2 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 UPON PASSAGE]: Sec. 6. (a) Each school corporation shall make
35	35	4 every reasonable effort to transfer not more than fifteen percent (15%)
36	36	5 the following of the total revenue deposited in the school corporation's
37	37	6 education fund from the school corporation's education fund to the
38	38	7 school corporation's operations fund: during a calendar year.
39	39	8 (1) Twenty percent (20%) during each of the following:
40	40	9 (A) Calendar year 2023.
41	41	10 (B) Calendar year 2024.
42	42	11 This subdivision expires July 1, 2025.
43	43	12 (2) Fifteen percent (15%) during any calendar year after
44	44	13 calendar year 2024.
45	45	14 (b) Only after the transfer is authorized by the governing body in a
46	46	15 public meeting with public notice, money in the education fund may be
47	47	16 transferred to the operations fund to cover expenditures that are not
48	48	17 allocated to student instruction and learning under IC 20-42.5. The
49	49	2023 IN 1405—LS 6876/DI 110 2
50	50	1 amount transferred from the education fund to the operations fund shall
51	51	2 be reported by the school corporation to the department. The transfers
52	52	3 made during the:
53	53	4 (1) first six (6) months of each state fiscal year shall be reported
54	54	5 before January 31 of the following year; and
55	55	6 (2) last six (6) months of each state fiscal year shall be reported
56	56	7 before July 31 of that year.
57	57	8 (c) The report must include information as required by the
58	58	9 department and in the form required by the department.
59	59	10 (d) The department must post the report submitted under subsection
60	60	11 (b) on the department's Internet web site. website.
61	61	12 (e) Beginning in 2020, The department shall track for each school
62	62	13 corporation transfers from the school corporation's education fund to
63	63	14 its operations fund for the preceding six (6) month period. Beginning
64	64	15 in 2021,
65	65	16 (f) Before March 1 of each year, the department shall compile an
66	66	17 excessive education fund transfer list comprised of all school
67	67	18 corporations that transferred the following:
68	68	19 (1) More than twenty (20%) of the total revenue deposited in
69	69	20 the school corporation's education fund from the school
70	70	21 corporation's education fund to the school corporation's
71	71	22 operations fund during the immediately preceding calendar
72	72	23 year if the immediately preceding calendar year is calendar
73	73	24 year 2023 or 2024. This subdivision expires July 1, 2025.
74	74	25 (2) More than fifteen percent (15%) of the total revenue deposited
75	75	26 in the school corporation's education fund from the school
76	76	27 corporation's education fund to the school corporation's operations
77	77	28 fund during the immediately preceding calendar year for any
78	78	29 immediately preceding calendar year that is after calendar
79	79	30 year 2024.
80	80	31 (g) A school corporation that is not included on the excessive
81	81	32 education fund transfer list compiled under subsection (f) is
82	82	33 considered to have met the education fund transfer target percentage
83	83	34 for the immediately preceding calendar year.
84	84	35 SECTION 2. An emergency is declared for this act.
85	85	2023 IN 1405—LS 6876/DI 110