45 | 33 | | First Regular Session of the 124th General Assembly (2025) |
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46 | 34 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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47 | 35 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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48 | 36 | | additions will appear in this style type, and deletions will appear in this style type. |
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49 | 37 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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50 | 38 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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51 | 39 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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52 | 40 | | a new provision to the Indiana Code or the Indiana Constitution. |
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53 | 41 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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54 | 42 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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55 | 43 | | SENATE BILL No. 518 |
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56 | 44 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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57 | 45 | | education. |
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58 | 46 | | Be it enacted by the General Assembly of the State of Indiana: |
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59 | 47 | | 1 SECTION 1. IC 6-1.1-20-3.1, AS AMENDED BY P.L.136-2024, |
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60 | 48 | | 2 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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61 | 49 | | 3 MAY 10, 2025 (RETROACTIVE)]: Sec. 3.1. (a) Subject to section |
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62 | 50 | | 4 3.5(a)(1)(C) of this chapter, this section applies only to the following: |
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63 | 51 | | 5 (1) A controlled project (as defined in section 1.1 of this chapter |
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64 | 52 | | 6 as in effect June 30, 2008) for which the proper officers of a |
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65 | 53 | | 7 political subdivision make a preliminary determination in the |
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66 | 54 | | 8 manner described in subsection (b) before July 1, 2008. |
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67 | 55 | | 9 (2) An elementary school building, middle school building, high |
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68 | 56 | | 10 school building, or other school building for academic instruction |
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69 | 57 | | 11 that: |
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70 | 58 | | 12 (A) is a controlled project; |
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71 | 59 | | 13 (B) will be used for any combination of kindergarten through |
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72 | 60 | | 14 grade 12; and |
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73 | 61 | | 15 (C) will not cost more than the lesser of the following: |
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74 | 62 | | 16 (i) The threshold amount determined under this item. In the |
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75 | 63 | | 17 case of an ordinance or resolution adopted before January 1, |
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76 | 64 | | SB 518—LS 7334/DI 125 2 |
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77 | 65 | | 1 2018, making a preliminary determination to issue bonds or |
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78 | 66 | | 2 enter into a lease for the project, the threshold amount is ten |
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79 | 67 | | 3 million dollars ($10,000,000). In the case of an ordinance or |
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80 | 68 | | 4 resolution adopted after December 31, 2017, and before |
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81 | 69 | | 5 January 1, 2019, making a preliminary determination to |
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82 | 70 | | 6 issue bonds or enter into a lease for the project, the threshold |
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83 | 71 | | 7 amount is fifteen million dollars ($15,000,000). In the case |
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84 | 72 | | 8 of an ordinance or resolution adopted in a calendar year after |
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85 | 73 | | 9 December 31, 2018, making a preliminary determination to |
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86 | 74 | | 10 issue bonds or enter into a lease for the project, the threshold |
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87 | 75 | | 11 amount is an amount (as determined by the department of |
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88 | 76 | | 12 local government finance) equal to the result of the |
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89 | 77 | | 13 maximum levy growth quotient determined under |
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90 | 78 | | 14 IC 6-1.1-18.5-2 for the year multiplied by the threshold |
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91 | 79 | | 15 amount determined under this item for the preceding |
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92 | 80 | | 16 calendar year. In the case of a threshold amount determined |
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93 | 81 | | 17 under this item that applies for a calendar year after |
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94 | 82 | | 18 December 31, 2018, the department of local government |
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95 | 83 | | 19 finance shall publish the threshold in the Indiana Register |
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96 | 84 | | 20 under IC 4-22-7-7 not more than sixty (60) days after the |
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97 | 85 | | 21 date the budget agency releases the maximum levy growth |
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98 | 86 | | 22 quotient for the ensuing year under IC 6-1.1-18.5-2. |
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99 | 87 | | 23 (ii) An amount equal to one percent (1%) of the total gross |
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100 | 88 | | 24 assessed value of property within the political subdivision |
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101 | 89 | | 25 on the last assessment date, if that total gross assessed value |
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102 | 90 | | 26 is more than one billion dollars ($1,000,000,000), or ten |
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103 | 91 | | 27 million dollars ($10,000,000), if the total gross assessed |
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104 | 92 | | 28 value of property within the political subdivision on the last |
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105 | 93 | | 29 assessment date is not more than one billion dollars |
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106 | 94 | | 30 ($1,000,000,000). |
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107 | 95 | | 31 (3) Any other controlled project that: |
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108 | 96 | | 32 (A) is not a controlled project described in subdivision (1) or |
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109 | 97 | | 33 (2); and |
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110 | 98 | | 34 (B) will not cost the political subdivision more than the lesser |
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111 | 99 | | 35 of the following: |
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112 | 100 | | 36 (i) The threshold amount determined under this item. In the |
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113 | 101 | | 37 case of an ordinance or resolution adopted before January 1, |
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114 | 102 | | 38 2018, making a preliminary determination to issue bonds or |
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115 | 103 | | 39 enter into a lease for the project, the threshold amount is |
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116 | 104 | | 40 twelve million dollars ($12,000,000). In the case of an |
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117 | 105 | | 41 ordinance or resolution adopted after December 31, 2017, |
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118 | 106 | | 42 and before January 1, 2019, making a preliminary |
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119 | 107 | | SB 518—LS 7334/DI 125 3 |
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120 | 108 | | 1 determination to issue bonds or enter into a lease for the |
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121 | 109 | | 2 project, the threshold amount is fifteen million dollars |
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122 | 110 | | 3 ($15,000,000). In the case of an ordinance or resolution |
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123 | 111 | | 4 adopted in a calendar year after December 31, 2018, making |
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124 | 112 | | 5 a preliminary determination to issue bonds or enter into a |
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125 | 113 | | 6 lease for the project, the threshold amount is an amount (as |
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126 | 114 | | 7 determined by the department of local government finance) |
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127 | 115 | | 8 equal to the result of the maximum levy growth quotient |
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128 | 116 | | 9 determined under IC 6-1.1-18.5-2 for the year multiplied by |
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129 | 117 | | 10 the threshold amount determined under this item for the |
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130 | 118 | | 11 preceding calendar year. In the case of a threshold amount |
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131 | 119 | | 12 determined under this item that applies for a calendar year |
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132 | 120 | | 13 after December 31, 2018, the department of local |
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133 | 121 | | 14 government finance shall publish the threshold in the |
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134 | 122 | | 15 Indiana Register under IC 4-22-7-7 not more than sixty (60) |
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135 | 123 | | 16 days after the date the budget agency releases the maximum |
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136 | 124 | | 17 levy growth quotient for the ensuing year under |
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137 | 125 | | 18 IC 6-1.1-18.5-2. |
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138 | 126 | | 19 (ii) An amount equal to one percent (1%) of the total gross |
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139 | 127 | | 20 assessed value of property within the political subdivision |
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140 | 128 | | 21 on the last assessment date, if that total gross assessed value |
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141 | 129 | | 22 is more than one hundred million dollars ($100,000,000), or |
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142 | 130 | | 23 one million dollars ($1,000,000), if the total gross assessed |
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143 | 131 | | 24 value of property within the political subdivision on the last |
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144 | 132 | | 25 assessment date is not more than one hundred million |
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145 | 133 | | 26 dollars ($100,000,000). |
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146 | 134 | | 27 (4) A controlled project funded by debt service if the scope of the |
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147 | 135 | | 28 project changes from the purpose of the project initially |
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148 | 136 | | 29 advertised to taxpayers as determined under section 4.2(c) of this |
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149 | 137 | | 30 chapter. |
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150 | 138 | | 31 (5) This subdivision does not apply to a project for which a public |
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151 | 139 | | 32 hearing to issue bonds or enter into a lease has been conducted |
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152 | 140 | | 33 under IC 20-26-7-37 before July 1, 2023. Any other controlled |
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153 | 141 | | 34 project if both of the following apply: |
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154 | 142 | | 35 (A) The political subdivision's total debt service tax rate is |
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155 | 143 | | 36 more than forty cents ($0.40) per one hundred dollars ($100) |
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156 | 144 | | 37 of assessed value, but less than eighty cents ($0.80) per one |
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157 | 145 | | 38 hundred dollars ($100) of assessed value. |
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158 | 146 | | 39 (B) The controlled project is not otherwise described in section |
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159 | 147 | | 40 3.5(a)(1) of this chapter. |
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160 | 148 | | 41 This subdivision expires December 31, 2025. For purposes of this |
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161 | 149 | | 42 subdivision, a political subdivision's total debt service tax rate |
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162 | 150 | | SB 518—LS 7334/DI 125 4 |
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163 | 151 | | 1 does not include a tax rate imposed in a referendum debt service |
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164 | 152 | | 2 levy approved by voters. |
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165 | 153 | | 3 (b) Subject to section 13.5 of this chapter, a political subdivision |
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166 | 154 | | 4 may not impose property taxes to pay debt service on bonds or lease |
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167 | 155 | | 5 rentals on a lease for a controlled project without completing the |
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168 | 156 | | 6 following procedures: |
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169 | 157 | | 7 (1) The proper officers of a political subdivision shall publish |
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170 | 158 | | 8 notice in accordance with IC 5-3-1 and send notice by first class |
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171 | 159 | | 9 mail to the circuit court clerk and to any organization that delivers |
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172 | 160 | | 10 to the officers, before January 1 of that year, an annual written |
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173 | 161 | | 11 request for such notices of any meeting to consider adoption of a |
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174 | 162 | | 12 resolution or an ordinance making a preliminary determination to |
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175 | 163 | | 13 issue bonds or enter into a lease and shall conduct at least two (2) |
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176 | 164 | | 14 public hearings on a preliminary determination before adoption |
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177 | 165 | | 15 of the resolution or ordinance. The political subdivision must at |
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178 | 166 | | 16 each of the public hearings on the preliminary determination |
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179 | 167 | | 17 allow the public to testify regarding the preliminary determination |
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180 | 168 | | 18 and must make the following information available to the public |
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181 | 169 | | 19 at each of the public hearings on the preliminary determination, |
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182 | 170 | | 20 in addition to any other information required by law: |
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183 | 171 | | 21 (A) The result of the political subdivision's current and |
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184 | 172 | | 22 projected annual debt service payments divided by the net |
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185 | 173 | | 23 assessed value of taxable property within the political |
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186 | 174 | | 24 subdivision. |
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187 | 175 | | 25 (B) The result of: |
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188 | 176 | | 26 (i) the sum of the political subdivision's outstanding long |
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189 | 177 | | 27 term debt plus the outstanding long term debt of other taxing |
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190 | 178 | | 28 units that include any of the territory of the political |
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191 | 179 | | 29 subdivision; divided by |
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192 | 180 | | 30 (ii) the net assessed value of taxable property within the |
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193 | 181 | | 31 political subdivision. |
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194 | 182 | | 32 (C) In the case of a school corporation, a statement that a |
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195 | 183 | | 33 portion of the proceeds collected from the proposed levy |
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196 | 184 | | 34 will be distributed to a qualified charter school in the |
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197 | 185 | | 35 manner described in section 13.5 of this chapter unless the |
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198 | 186 | | 36 qualified charter school elects to not participate. |
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199 | 187 | | 37 (C) (D) The information specified in subdivision (3)(A) |
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200 | 188 | | 38 through (3)(H). |
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201 | 189 | | 39 (2) When the proper officers of a political subdivision make a |
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202 | 190 | | 40 preliminary determination to issue bonds or enter into a lease for |
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203 | 191 | | 41 a controlled project, the officers shall give notice of the |
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204 | 192 | | 42 preliminary determination by: |
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205 | 193 | | SB 518—LS 7334/DI 125 5 |
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206 | 194 | | 1 (A) publication in accordance with IC 5-3-1; and |
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207 | 195 | | 2 (B) first class mail to the circuit court clerk and to the |
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208 | 196 | | 3 organizations described in subdivision (1). |
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209 | 197 | | 4 (3) A notice under subdivision (2) of the preliminary |
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210 | 198 | | 5 determination of the political subdivision to issue bonds or enter |
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211 | 199 | | 6 into a lease for a controlled project must include the following |
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212 | 200 | | 7 information: |
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213 | 201 | | 8 (A) The maximum term of the bonds or lease. |
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214 | 202 | | 9 (B) The maximum principal amount of the bonds or the |
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215 | 203 | | 10 maximum lease rental for the lease. |
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216 | 204 | | 11 (C) The estimated interest rates that will be paid and the total |
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217 | 205 | | 12 interest costs associated with the bonds or lease. |
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218 | 206 | | 13 (D) The purpose of the bonds or lease. |
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219 | 207 | | 14 (E) A statement that any owners of property within the |
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220 | 208 | | 15 political subdivision or registered voters residing within the |
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221 | 209 | | 16 political subdivision who want to initiate a petition and |
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222 | 210 | | 17 remonstrance process against the proposed debt service or |
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223 | 211 | | 18 lease payments must file a petition that complies with |
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224 | 212 | | 19 subdivisions (4) and (5) not later than thirty (30) days after |
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225 | 213 | | 20 publication in accordance with IC 5-3-1. |
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226 | 214 | | 21 (F) With respect to bonds issued or a lease entered into to |
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227 | 215 | | 22 open: |
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228 | 216 | | 23 (i) a new school facility; or |
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229 | 217 | | 24 (ii) an existing facility that has not been used for at least |
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230 | 218 | | 25 three (3) years and that is being reopened to provide |
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231 | 219 | | 26 additional classroom space; |
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232 | 220 | | 27 the estimated costs the school corporation expects to incur |
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233 | 221 | | 28 annually to operate the facility. |
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234 | 222 | | 29 (G) A statement of whether the school corporation expects to |
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235 | 223 | | 30 appeal for a new facility adjustment (as defined in |
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236 | 224 | | 31 IC 20-45-1-16 (repealed) before January 1, 2009) for an |
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237 | 225 | | 32 increased maximum permissible tuition support levy to pay the |
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238 | 226 | | 33 estimated costs described in clause (F). |
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239 | 227 | | 34 (H) The following information: |
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240 | 228 | | 35 (i) The political subdivision's current debt service levy and |
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241 | 229 | | 36 rate. |
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242 | 230 | | 37 (ii) The estimated increase to the political subdivision's debt |
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243 | 231 | | 38 service levy and rate that will result if the political |
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244 | 232 | | 39 subdivision issues the bonds or enters into the lease. |
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245 | 233 | | 40 (iii) The estimated amount of the political subdivision's debt |
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246 | 234 | | 41 service levy and rate that will result during the following ten |
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247 | 235 | | 42 (10) years if the political subdivision issues the bonds or |
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248 | 236 | | SB 518—LS 7334/DI 125 6 |
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249 | 237 | | 1 enters into the lease, after also considering any changes that |
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250 | 238 | | 2 will occur to the debt service levy and rate during that |
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251 | 239 | | 3 period on account of any outstanding bonds or lease |
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252 | 240 | | 4 obligations that will mature or terminate during that period. |
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253 | 241 | | 5 (I) The information specified in subdivision (1)(A) through |
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254 | 242 | | 6 (1)(B). (1)(C). |
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255 | 243 | | 7 (4) After notice is given, a petition requesting the application of |
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256 | 244 | | 8 a petition and remonstrance process may be filed by the lesser of: |
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257 | 245 | | 9 (A) five hundred (500) persons who are either owners of |
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258 | 246 | | 10 property within the political subdivision or registered voters |
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259 | 247 | | 11 residing within the political subdivision; or |
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260 | 248 | | 12 (B) five percent (5%) of the registered voters residing within |
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261 | 249 | | 13 the political subdivision. |
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262 | 250 | | 14 (5) The state board of accounts shall design and, upon request by |
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263 | 251 | | 15 the county voter registration office, deliver to the county voter |
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264 | 252 | | 16 registration office or the county voter registration office's |
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265 | 253 | | 17 designated printer the petition forms to be used solely in the |
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266 | 254 | | 18 petition process described in this section. The county voter |
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267 | 255 | | 19 registration office shall issue to an owner or owners of property |
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268 | 256 | | 20 within the political subdivision or a registered voter residing |
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269 | 257 | | 21 within the political subdivision the number of petition forms |
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270 | 258 | | 22 requested by the owner or owners or the registered voter. Each |
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271 | 259 | | 23 form must be accompanied by instructions detailing the |
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272 | 260 | | 24 requirements that: |
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273 | 261 | | 25 (A) the carrier and signers must be owners of property or |
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274 | 262 | | 26 registered voters; |
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275 | 263 | | 27 (B) the carrier must be a signatory on at least one (1) petition; |
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276 | 264 | | 28 (C) after the signatures have been collected, the carrier must |
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277 | 265 | | 29 swear or affirm before a notary public that the carrier |
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278 | 266 | | 30 witnessed each signature; and |
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279 | 267 | | 31 (D) govern the closing date for the petition period. |
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280 | 268 | | 32 Persons requesting forms may be required to identify themselves |
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281 | 269 | | 33 as owners of property or registered voters and may be allowed to |
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282 | 270 | | 34 pick up additional copies to distribute to other owners of property |
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283 | 271 | | 35 or registered voters. Each person signing a petition must indicate |
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284 | 272 | | 36 whether the person is signing the petition as a registered voter |
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285 | 273 | | 37 within the political subdivision or is signing the petition as the |
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286 | 274 | | 38 owner of property within the political subdivision. A person who |
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287 | 275 | | 39 signs a petition as a registered voter must indicate the address at |
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288 | 276 | | 40 which the person is registered to vote. A person who signs a |
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289 | 277 | | 41 petition as an owner of property must indicate the address of the |
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290 | 278 | | 42 property owned by the person in the political subdivision. |
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291 | 279 | | SB 518—LS 7334/DI 125 7 |
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292 | 280 | | 1 (6) Each petition must be verified under oath by at least one (1) |
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293 | 281 | | 2 qualified petitioner in a manner prescribed by the state board of |
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294 | 282 | | 3 accounts before the petition is filed with the county voter |
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295 | 283 | | 4 registration office under subdivision (7). |
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296 | 284 | | 5 (7) Each petition must be filed with the county voter registration |
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297 | 285 | | 6 office not more than thirty (30) days after publication under |
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298 | 286 | | 7 subdivision (2) of the notice of the preliminary determination. |
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299 | 287 | | 8 (8) The county voter registration office shall determine whether |
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300 | 288 | | 9 each person who signed the petition is a registered voter. |
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301 | 289 | | 10 However, after the county voter registration office has determined |
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302 | 290 | | 11 that at least five hundred twenty-five (525) persons who signed |
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303 | 291 | | 12 the petition are registered voters within the political subdivision, |
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304 | 292 | | 13 the county voter registration office is not required to verify |
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305 | 293 | | 14 whether the remaining persons who signed the petition are |
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306 | 294 | | 15 registered voters. If the county voter registration office does not |
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307 | 295 | | 16 determine that at least five hundred twenty-five (525) persons |
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308 | 296 | | 17 who signed the petition are registered voters, the county voter |
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309 | 297 | | 18 registration office shall, not more than fifteen (15) business days |
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310 | 298 | | 19 after receiving a petition, forward a copy of the petition to the |
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311 | 299 | | 20 county auditor. Not more than ten (10) business days after |
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312 | 300 | | 21 receiving the copy of the petition, the county auditor shall provide |
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313 | 301 | | 22 to the county voter registration office a statement verifying: |
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314 | 302 | | 23 (A) whether a person who signed the petition as a registered |
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315 | 303 | | 24 voter but is not a registered voter, as determined by the county |
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316 | 304 | | 25 voter registration office, is the owner of property in the |
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317 | 305 | | 26 political subdivision; and |
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318 | 306 | | 27 (B) whether a person who signed the petition as an owner of |
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319 | 307 | | 28 property within the political subdivision does in fact own |
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320 | 308 | | 29 property within the political subdivision. |
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321 | 309 | | 30 (9) The county voter registration office, not more than ten (10) |
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322 | 310 | | 31 business days after determining that at least five hundred |
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323 | 311 | | 32 twenty-five (525) persons who signed the petition are registered |
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324 | 312 | | 33 voters or receiving the statement from the county auditor under |
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325 | 313 | | 34 subdivision (8), as applicable, shall make the final determination |
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326 | 314 | | 35 of the number of petitioners that are registered voters in the |
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327 | 315 | | 36 political subdivision and, based on the statement provided by the |
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328 | 316 | | 37 county auditor, the number of petitioners that own property within |
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329 | 317 | | 38 the political subdivision. Whenever the name of an individual |
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330 | 318 | | 39 who signs a petition form as a registered voter contains a minor |
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331 | 319 | | 40 variation from the name of the registered voter as set forth in the |
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332 | 320 | | 41 records of the county voter registration office, the signature is |
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333 | 321 | | 42 presumed to be valid, and there is a presumption that the |
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334 | 322 | | SB 518—LS 7334/DI 125 8 |
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335 | 323 | | 1 individual is entitled to sign the petition under this section. Except |
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336 | 324 | | 2 as otherwise provided in this chapter, in determining whether an |
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337 | 325 | | 3 individual is a registered voter, the county voter registration office |
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338 | 326 | | 4 shall apply the requirements and procedures used under IC 3 to |
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339 | 327 | | 5 determine whether a person is a registered voter for purposes of |
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340 | 328 | | 6 voting in an election governed by IC 3. However, an individual is |
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341 | 329 | | 7 not required to comply with the provisions concerning providing |
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342 | 330 | | 8 proof of identification to be considered a registered voter for |
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343 | 331 | | 9 purposes of this chapter. A person is entitled to sign a petition |
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344 | 332 | | 10 only one (1) time in a particular petition and remonstrance |
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345 | 333 | | 11 process under this chapter, regardless of whether the person owns |
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346 | 334 | | 12 more than one (1) parcel of real property, mobile home assessed |
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347 | 335 | | 13 as personal property, or manufactured home assessed as personal |
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348 | 336 | | 14 property, or a combination of those types of property within the |
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349 | 337 | | 15 subdivision and regardless of whether the person is both a |
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350 | 338 | | 16 registered voter in the political subdivision and the owner of |
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351 | 339 | | 17 property within the political subdivision. Notwithstanding any |
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352 | 340 | | 18 other provision of this section, if a petition is presented to the |
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353 | 341 | | 19 county voter registration office within forty-five (45) days before |
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354 | 342 | | 20 an election, the county voter registration office may defer acting |
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355 | 343 | | 21 on the petition, and the time requirements under this section for |
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356 | 344 | | 22 action by the county voter registration office do not begin to run |
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357 | 345 | | 23 until five (5) days after the date of the election. |
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358 | 346 | | 24 (10) The county voter registration office must file a certificate and |
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359 | 347 | | 25 each petition with: |
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360 | 348 | | 26 (A) the township trustee, if the political subdivision is a |
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361 | 349 | | 27 township, who shall present the petition or petitions to the |
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362 | 350 | | 28 township board; or |
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363 | 351 | | 29 (B) the body that has the authority to authorize the issuance of |
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364 | 352 | | 30 the bonds or the execution of a lease, if the political |
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365 | 353 | | 31 subdivision is not a township; |
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366 | 354 | | 32 within thirty-five (35) business days of the filing of the petition |
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367 | 355 | | 33 requesting a petition and remonstrance process. The certificate |
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368 | 356 | | 34 must state the number of petitioners that are owners of property |
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369 | 357 | | 35 within the political subdivision and the number of petitioners who |
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370 | 358 | | 36 are registered voters residing within the political subdivision. |
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371 | 359 | | 37 If a sufficient petition requesting a petition and remonstrance process |
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372 | 360 | | 38 is not filed by owners of property or registered voters as set forth in this |
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373 | 361 | | 39 section, the political subdivision may issue bonds or enter into a lease |
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374 | 362 | | 40 by following the provisions of law relating to the bonds to be issued or |
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375 | 363 | | 41 lease to be entered into. |
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376 | 364 | | 42 (c) A political subdivision may not divide a controlled project in |
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377 | 365 | | SB 518—LS 7334/DI 125 9 |
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378 | 366 | | 1 order to avoid the requirements of this section and section 3.2 of this |
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379 | 367 | | 2 chapter. A person that owns property within a political subdivision or |
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380 | 368 | | 3 a person that is a registered voter residing within a political subdivision |
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381 | 369 | | 4 may file a petition with the department of local government finance |
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382 | 370 | | 5 objecting that the political subdivision has divided a controlled project |
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383 | 371 | | 6 in order to avoid the requirements of this section and section 3.2 of this |
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384 | 372 | | 7 chapter. The petition must be filed not more than ten (10) days after the |
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385 | 373 | | 8 political subdivision gives notice of the political subdivision's decision |
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386 | 374 | | 9 to issue bonds or enter into leases for a capital project that the person |
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387 | 375 | | 10 believes is the result of a division of a controlled project that is |
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388 | 376 | | 11 prohibited by this subsection. If the department of local government |
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389 | 377 | | 12 finance receives a petition under this subsection, the department shall |
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390 | 378 | | 13 not later than thirty (30) days after receiving the petition make a final |
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391 | 379 | | 14 determination on the issue of whether the political subdivision divided |
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392 | 380 | | 15 a controlled project in order to avoid the requirements of this section |
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393 | 381 | | 16 and section 3.2 of this chapter. If the department of local government |
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394 | 382 | | 17 finance determines that a political subdivision divided a controlled |
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395 | 383 | | 18 project in order to avoid the requirements of this section and section |
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396 | 384 | | 19 3.2 of this chapter and the political subdivision continues to desire to |
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397 | 385 | | 20 proceed with the project, the political subdivision shall fulfill the |
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398 | 386 | | 21 requirements of this section and section 3.2 of this chapter, if |
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399 | 387 | | 22 applicable, regardless of the cost of the project in dispute. A political |
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400 | 388 | | 23 subdivision shall be considered to have divided a capital project in |
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401 | 389 | | 24 order to avoid the requirements of this section and section 3.2 of this |
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402 | 390 | | 25 chapter if the result of one (1) or more of the subprojects cannot |
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403 | 391 | | 26 reasonably be considered an independently desirable end in itself |
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404 | 392 | | 27 without reference to another capital project. This subsection does not |
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405 | 393 | | 28 prohibit a political subdivision from undertaking a series of capital |
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406 | 394 | | 29 projects in which the result of each capital project can reasonably be |
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407 | 395 | | 30 considered an independently desirable end in itself without reference |
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408 | 396 | | 31 to another capital project. |
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409 | 397 | | 32 SECTION 2. IC 6-1.1-20-3.5, AS AMENDED BY P.L.136-2024, |
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410 | 398 | | 33 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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411 | 399 | | 34 MAY 10, 2025 (RETROACTIVE)]: Sec. 3.5. (a) This section applies |
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412 | 400 | | 35 only to a controlled project that meets the following conditions: |
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413 | 401 | | 36 (1) The controlled project is described in one (1) of the following |
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414 | 402 | | 37 categories: |
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415 | 403 | | 38 (A) An elementary school building, middle school building, |
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416 | 404 | | 39 high school building, or other school building for academic |
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417 | 405 | | 40 instruction that will be used for any combination of |
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418 | 406 | | 41 kindergarten through grade 12 and will cost more than the |
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419 | 407 | | 42 lesser of the following: |
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420 | 408 | | SB 518—LS 7334/DI 125 10 |
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421 | 409 | | 1 (i) The threshold amount determined under this item. In the |
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422 | 410 | | 2 case of an ordinance or resolution adopted before January 1, |
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423 | 411 | | 3 2018, making a preliminary determination to issue bonds or |
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424 | 412 | | 4 enter into a lease for the project, the threshold amount is ten |
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425 | 413 | | 5 million dollars ($10,000,000). In the case of an ordinance or |
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426 | 414 | | 6 resolution adopted after December 31, 2017, and before |
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427 | 415 | | 7 January 1, 2019, making a preliminary determination to |
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428 | 416 | | 8 issue bonds or enter into a lease for the project, the threshold |
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429 | 417 | | 9 amount is fifteen million dollars ($15,000,000). In the case |
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430 | 418 | | 10 of an ordinance or resolution adopted in a calendar year after |
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431 | 419 | | 11 December 31, 2018, making a preliminary determination to |
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432 | 420 | | 12 issue bonds or enter into a lease for the project, the threshold |
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433 | 421 | | 13 amount is an amount (as determined by the department of |
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434 | 422 | | 14 local government finance) equal to the result of the |
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435 | 423 | | 15 maximum levy growth quotient determined under |
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436 | 424 | | 16 IC 6-1.1-18.5-2 for the year multiplied by the threshold |
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437 | 425 | | 17 amount determined under this item for the preceding |
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438 | 426 | | 18 calendar year. In the case of a threshold amount determined |
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439 | 427 | | 19 under this item that applies for a calendar year after |
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440 | 428 | | 20 December 31, 2018, the department of local government |
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441 | 429 | | 21 finance shall publish the threshold in the Indiana Register |
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442 | 430 | | 22 under IC 4-22-7-7 not more than sixty (60) days after the |
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443 | 431 | | 23 date the budget agency releases the maximum levy growth |
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444 | 432 | | 24 quotient for the ensuing year under IC 6-1.1-18.5-2. |
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445 | 433 | | 25 (ii) An amount equal to one percent (1%) of the total gross |
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446 | 434 | | 26 assessed value of property within the political subdivision |
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447 | 435 | | 27 on the last assessment date, if that total gross assessed value |
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448 | 436 | | 28 is more than one billion dollars ($1,000,000,000), or ten |
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449 | 437 | | 29 million dollars ($10,000,000), if the total gross assessed |
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450 | 438 | | 30 value of property within the political subdivision on the last |
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451 | 439 | | 31 assessment date is not more than one billion dollars |
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452 | 440 | | 32 ($1,000,000,000). |
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453 | 441 | | 33 (B) Any other controlled project that is not a controlled project |
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454 | 442 | | 34 described in clause (A) and will cost the political subdivision |
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455 | 443 | | 35 more than the lesser of the following: |
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456 | 444 | | 36 (i) The threshold amount determined under this item. In the |
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457 | 445 | | 37 case of an ordinance or resolution adopted before January 1, |
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458 | 446 | | 38 2018, making a preliminary determination to issue bonds or |
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459 | 447 | | 39 enter into a lease for the project, the threshold amount is |
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460 | 448 | | 40 twelve million dollars ($12,000,000). In the case of an |
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461 | 449 | | 41 ordinance or resolution adopted after December 31, 2017, |
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462 | 450 | | 42 and before January 1, 2019, making a preliminary |
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463 | 451 | | SB 518—LS 7334/DI 125 11 |
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464 | 452 | | 1 determination to issue bonds or enter into a lease for the |
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465 | 453 | | 2 project, the threshold amount is fifteen million dollars |
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466 | 454 | | 3 ($15,000,000). In the case of an ordinance or resolution |
---|
467 | 455 | | 4 adopted in a calendar year after December 31, 2018, making |
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468 | 456 | | 5 a preliminary determination to issue bonds or enter into a |
---|
469 | 457 | | 6 lease for the project, the threshold amount is an amount (as |
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470 | 458 | | 7 determined by the department of local government finance) |
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471 | 459 | | 8 equal to the result of the maximum levy growth quotient |
---|
472 | 460 | | 9 determined under IC 6-1.1-18.5-2 for the year multiplied by |
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473 | 461 | | 10 the threshold amount determined under this item for the |
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474 | 462 | | 11 preceding calendar year. In the case of a threshold amount |
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475 | 463 | | 12 determined under this item that applies for a calendar year |
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476 | 464 | | 13 after December 31, 2018, the department of local |
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477 | 465 | | 14 government finance shall publish the threshold in the |
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478 | 466 | | 15 Indiana Register under IC 4-22-7-7 not more than sixty (60) |
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479 | 467 | | 16 days after the date the budget agency releases the maximum |
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480 | 468 | | 17 levy growth quotient for the ensuing year under |
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481 | 469 | | 18 IC 6-1.1-18.5-2. |
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482 | 470 | | 19 (ii) An amount equal to one percent (1%) of the total gross |
---|
483 | 471 | | 20 assessed value of property within the political subdivision |
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484 | 472 | | 21 on the last assessment date, if that total gross assessed value |
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485 | 473 | | 22 is more than one hundred million dollars ($100,000,000), or |
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486 | 474 | | 23 one million dollars ($1,000,000), if the total gross assessed |
---|
487 | 475 | | 24 value of property within the political subdivision on the last |
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488 | 476 | | 25 assessment date is not more than one hundred million |
---|
489 | 477 | | 26 dollars ($100,000,000). |
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490 | 478 | | 27 (C) Any other controlled project for which a political |
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491 | 479 | | 28 subdivision adopts an ordinance or resolution making a |
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492 | 480 | | 29 preliminary determination to issue bonds or enter into a lease |
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493 | 481 | | 30 for the project, if the sum of: |
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494 | 482 | | 31 (i) the cost of that controlled project; plus |
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495 | 483 | | 32 (ii) the costs of all other controlled projects for which the |
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496 | 484 | | 33 political subdivision has previously adopted within the |
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497 | 485 | | 34 preceding three hundred sixty-five (365) days an ordinance |
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498 | 486 | | 35 or resolution making a preliminary determination to issue |
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499 | 487 | | 36 bonds or enter into a lease for those other controlled |
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500 | 488 | | 37 projects; |
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501 | 489 | | 38 exceeds twenty-five million dollars ($25,000,000). |
---|
502 | 490 | | 39 (D) A controlled project funded by debt service if the scope of |
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503 | 491 | | 40 the project changes from the purpose of the project initially |
---|
504 | 492 | | 41 advertised to taxpayers as determined under section 4.3(c) of |
---|
505 | 493 | | 42 this chapter. |
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506 | 494 | | SB 518—LS 7334/DI 125 12 |
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507 | 495 | | 1 (E) This clause does not apply to a project for which a public |
---|
508 | 496 | | 2 hearing to issue bonds or enter into a lease has been conducted |
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509 | 497 | | 3 under IC 20-26-7-37 before July 1, 2023. Except as provided |
---|
510 | 498 | | 4 in section 4.5 of this chapter, any other controlled project if the |
---|
511 | 499 | | 5 political subdivision's total debt service tax rate is at least |
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512 | 500 | | 6 eighty cents ($0.80) per one hundred dollars ($100) of |
---|
513 | 501 | | 7 assessed value. This clause expires December 31, 2025. For |
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514 | 502 | | 8 purposes of this clause, a political subdivision's total debt |
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515 | 503 | | 9 service tax rate does not include a tax rate imposed in a |
---|
516 | 504 | | 10 referendum debt service tax levy approved by voters. |
---|
517 | 505 | | 11 (2) The proper officers of the political subdivision make a |
---|
518 | 506 | | 12 preliminary determination after June 30, 2008, in the manner |
---|
519 | 507 | | 13 described in subsection (b) to issue bonds or enter into a lease for |
---|
520 | 508 | | 14 the controlled project. |
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521 | 509 | | 15 (b) Subject to subsection (d) and section 13.5 of this chapter, a |
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522 | 510 | | 16 political subdivision may not impose property taxes to pay debt service |
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523 | 511 | | 17 on bonds or lease rentals on a lease for a controlled project without |
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524 | 512 | | 18 completing the following procedures: |
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525 | 513 | | 19 (1) The proper officers of a political subdivision shall publish |
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526 | 514 | | 20 notice in accordance with IC 5-3-1 and send notice by first class |
---|
527 | 515 | | 21 mail to the circuit court clerk and to any organization that delivers |
---|
528 | 516 | | 22 to the officers, before January 1 of that year, an annual written |
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529 | 517 | | 23 request for notices of any meeting to consider the adoption of an |
---|
530 | 518 | | 24 ordinance or a resolution making a preliminary determination to |
---|
531 | 519 | | 25 issue bonds or enter into a lease and shall conduct at least two (2) |
---|
532 | 520 | | 26 public hearings on the preliminary determination before adoption |
---|
533 | 521 | | 27 of the ordinance or resolution. The political subdivision must at |
---|
534 | 522 | | 28 each of the public hearings on the preliminary determination |
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535 | 523 | | 29 allow the public to testify regarding the preliminary determination |
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536 | 524 | | 30 and must make the following information available to the public |
---|
537 | 525 | | 31 at each of the public hearings on the preliminary determination, |
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538 | 526 | | 32 in addition to any other information required by law: |
---|
539 | 527 | | 33 (A) The result of the political subdivision's current and |
---|
540 | 528 | | 34 projected annual debt service payments divided by the net |
---|
541 | 529 | | 35 assessed value of taxable property within the political |
---|
542 | 530 | | 36 subdivision. |
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543 | 531 | | 37 (B) The result of: |
---|
544 | 532 | | 38 (i) the sum of the political subdivision's outstanding long |
---|
545 | 533 | | 39 term debt plus the outstanding long term debt of other taxing |
---|
546 | 534 | | 40 units that include any of the territory of the political |
---|
547 | 535 | | 41 subdivision; divided by |
---|
548 | 536 | | 42 (ii) the net assessed value of taxable property within the |
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549 | 537 | | SB 518—LS 7334/DI 125 13 |
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550 | 538 | | 1 political subdivision. |
---|
551 | 539 | | 2 (C) In the case of a school corporation, a statement that a |
---|
552 | 540 | | 3 portion of the proceeds collected from the proposed levy |
---|
553 | 541 | | 4 will be distributed to a qualified charter school in the |
---|
554 | 542 | | 5 manner described in section 13.5 of this chapter unless the |
---|
555 | 543 | | 6 qualified charter school elects to not participate. |
---|
556 | 544 | | 7 (C) (D) The information specified in subdivision (3)(A) |
---|
557 | 545 | | 8 through (3)(G). |
---|
558 | 546 | | 9 (2) If the proper officers of a political subdivision make a |
---|
559 | 547 | | 10 preliminary determination to issue bonds or enter into a lease, the |
---|
560 | 548 | | 11 officers shall give notice of the preliminary determination by: |
---|
561 | 549 | | 12 (A) publication in accordance with IC 5-3-1; and |
---|
562 | 550 | | 13 (B) first class mail to the circuit court clerk and to the |
---|
563 | 551 | | 14 organizations described in subdivision (1). |
---|
564 | 552 | | 15 (3) A notice under subdivision (2) of the preliminary |
---|
565 | 553 | | 16 determination of the political subdivision to issue bonds or enter |
---|
566 | 554 | | 17 into a lease must include the following information: |
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567 | 555 | | 18 (A) The maximum term of the bonds or lease. |
---|
568 | 556 | | 19 (B) The maximum principal amount of the bonds or the |
---|
569 | 557 | | 20 maximum lease rental for the lease. |
---|
570 | 558 | | 21 (C) The estimated interest rates that will be paid and the total |
---|
571 | 559 | | 22 interest costs associated with the bonds or lease. |
---|
572 | 560 | | 23 (D) The purpose of the bonds or lease. |
---|
573 | 561 | | 24 (E) A statement that the proposed debt service or lease |
---|
574 | 562 | | 25 payments must be approved in an election on a local public |
---|
575 | 563 | | 26 question held under section 3.6 of this chapter. |
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576 | 564 | | 27 (F) With respect to bonds issued or a lease entered into to |
---|
577 | 565 | | 28 open: |
---|
578 | 566 | | 29 (i) a new school facility; or |
---|
579 | 567 | | 30 (ii) an existing facility that has not been used for at least |
---|
580 | 568 | | 31 three (3) years and that is being reopened to provide |
---|
581 | 569 | | 32 additional classroom space; |
---|
582 | 570 | | 33 the estimated costs the school corporation expects to annually |
---|
583 | 571 | | 34 incur to operate the facility. |
---|
584 | 572 | | 35 (G) The following information: |
---|
585 | 573 | | 36 (i) The political subdivision's current debt service levy and |
---|
586 | 574 | | 37 rate. |
---|
587 | 575 | | 38 (ii) The estimated increase to the political subdivision's debt |
---|
588 | 576 | | 39 service levy and rate that will result if the political |
---|
589 | 577 | | 40 subdivision issues the bonds or enters into the lease. |
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590 | 578 | | 41 (iii) The estimated amount of the political subdivision's debt |
---|
591 | 579 | | 42 service levy and rate that will result during the following ten |
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592 | 580 | | SB 518—LS 7334/DI 125 14 |
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593 | 581 | | 1 (10) years if the political subdivision issues the bonds or |
---|
594 | 582 | | 2 enters into the lease, after also considering any changes that |
---|
595 | 583 | | 3 will occur to the debt service levy and rate during that |
---|
596 | 584 | | 4 period on account of any outstanding bonds or lease |
---|
597 | 585 | | 5 obligations that will mature or terminate during that period. |
---|
598 | 586 | | 6 (H) The information specified in subdivision (1)(A) through |
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599 | 587 | | 7 (1)(B). (1)(C). |
---|
600 | 588 | | 8 (4) This subdivision does not apply to a controlled project |
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601 | 589 | | 9 described in subsection (a)(1)(E) (before its expiration). After |
---|
602 | 590 | | 10 notice is given, a petition requesting the application of the local |
---|
603 | 591 | | 11 public question process under section 3.6 of this chapter may be |
---|
604 | 592 | | 12 filed by the lesser of: |
---|
605 | 593 | | 13 (A) five hundred (500) persons who are either owners of |
---|
606 | 594 | | 14 property within the political subdivision or registered voters |
---|
607 | 595 | | 15 residing within the political subdivision; or |
---|
608 | 596 | | 16 (B) five percent (5%) of the registered voters residing within |
---|
609 | 597 | | 17 the political subdivision. |
---|
610 | 598 | | 18 (5) This subdivision does not apply to a controlled project |
---|
611 | 599 | | 19 described in subsection (a)(1)(E) (before its expiration). The state |
---|
612 | 600 | | 20 board of accounts shall design and, upon request by the county |
---|
613 | 601 | | 21 voter registration office, deliver to the county voter registration |
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614 | 602 | | 22 office or the county voter registration office's designated printer |
---|
615 | 603 | | 23 the petition forms to be used solely in the petition process |
---|
616 | 604 | | 24 described in this section. The county voter registration office shall |
---|
617 | 605 | | 25 issue to an owner or owners of property within the political |
---|
618 | 606 | | 26 subdivision or a registered voter residing within the political |
---|
619 | 607 | | 27 subdivision the number of petition forms requested by the owner |
---|
620 | 608 | | 28 or owners or the registered voter. Each form must be |
---|
621 | 609 | | 29 accompanied by instructions detailing the requirements that: |
---|
622 | 610 | | 30 (A) the carrier and signers must be owners of property or |
---|
623 | 611 | | 31 registered voters; |
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624 | 612 | | 32 (B) the carrier must be a signatory on at least one (1) petition; |
---|
625 | 613 | | 33 (C) after the signatures have been collected, the carrier must |
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626 | 614 | | 34 swear or affirm before a notary public that the carrier |
---|
627 | 615 | | 35 witnessed each signature; and |
---|
628 | 616 | | 36 (D) govern the closing date for the petition period. |
---|
629 | 617 | | 37 Persons requesting forms may be required to identify themselves |
---|
630 | 618 | | 38 as owners of property or registered voters and may be allowed to |
---|
631 | 619 | | 39 pick up additional copies to distribute to other owners of property |
---|
632 | 620 | | 40 or registered voters. Each person signing a petition must indicate |
---|
633 | 621 | | 41 whether the person is signing the petition as a registered voter |
---|
634 | 622 | | 42 within the political subdivision or is signing the petition as the |
---|
635 | 623 | | SB 518—LS 7334/DI 125 15 |
---|
636 | 624 | | 1 owner of property within the political subdivision. A person who |
---|
637 | 625 | | 2 signs a petition as a registered voter must indicate the address at |
---|
638 | 626 | | 3 which the person is registered to vote. A person who signs a |
---|
639 | 627 | | 4 petition as an owner of property must indicate the address of the |
---|
640 | 628 | | 5 property owned by the person in the political subdivision. |
---|
641 | 629 | | 6 (6) This subdivision does not apply to a controlled project |
---|
642 | 630 | | 7 described in subsection (a)(1)(E) (before its expiration). Each |
---|
643 | 631 | | 8 petition must be verified under oath by at least one (1) qualified |
---|
644 | 632 | | 9 petitioner in a manner prescribed by the state board of accounts |
---|
645 | 633 | | 10 before the petition is filed with the county voter registration office |
---|
646 | 634 | | 11 under subdivision (7). |
---|
647 | 635 | | 12 (7) This subdivision does not apply to a controlled project |
---|
648 | 636 | | 13 described in subsection (a)(1)(E) (before its expiration). Each |
---|
649 | 637 | | 14 petition must be filed with the county voter registration office not |
---|
650 | 638 | | 15 more than thirty (30) days after publication under subdivision (2) |
---|
651 | 639 | | 16 of the notice of the preliminary determination. |
---|
652 | 640 | | 17 (8) This subdivision does not apply to a controlled project |
---|
653 | 641 | | 18 described in subsection (a)(1)(E) (before its expiration). The |
---|
654 | 642 | | 19 county voter registration office shall determine whether each |
---|
655 | 643 | | 20 person who signed the petition is a registered voter. However, |
---|
656 | 644 | | 21 after the county voter registration office has determined that at |
---|
657 | 645 | | 22 least five hundred twenty-five (525) persons who signed the |
---|
658 | 646 | | 23 petition are registered voters within the political subdivision, the |
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659 | 647 | | 24 county voter registration office is not required to verify whether |
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660 | 648 | | 25 the remaining persons who signed the petition are registered |
---|
661 | 649 | | 26 voters. If the county voter registration office does not determine |
---|
662 | 650 | | 27 that at least five hundred twenty-five (525) persons who signed |
---|
663 | 651 | | 28 the petition are registered voters, the county voter registration |
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664 | 652 | | 29 office, not more than fifteen (15) business days after receiving a |
---|
665 | 653 | | 30 petition, shall forward a copy of the petition to the county auditor. |
---|
666 | 654 | | 31 Not more than ten (10) business days after receiving the copy of |
---|
667 | 655 | | 32 the petition, the county auditor shall provide to the county voter |
---|
668 | 656 | | 33 registration office a statement verifying: |
---|
669 | 657 | | 34 (A) whether a person who signed the petition as a registered |
---|
670 | 658 | | 35 voter but is not a registered voter, as determined by the county |
---|
671 | 659 | | 36 voter registration office, is the owner of property in the |
---|
672 | 660 | | 37 political subdivision; and |
---|
673 | 661 | | 38 (B) whether a person who signed the petition as an owner of |
---|
674 | 662 | | 39 property within the political subdivision does in fact own |
---|
675 | 663 | | 40 property within the political subdivision. |
---|
676 | 664 | | 41 (9) This subdivision does not apply to a controlled project |
---|
677 | 665 | | 42 described in subsection (a)(1)(E) (before its expiration). The |
---|
678 | 666 | | SB 518—LS 7334/DI 125 16 |
---|
679 | 667 | | 1 county voter registration office, not more than ten (10) business |
---|
680 | 668 | | 2 days after determining that at least five hundred twenty-five (525) |
---|
681 | 669 | | 3 persons who signed the petition are registered voters or after |
---|
682 | 670 | | 4 receiving the statement from the county auditor under subdivision |
---|
683 | 671 | | 5 (8), as applicable, shall make the final determination of whether |
---|
684 | 672 | | 6 a sufficient number of persons have signed the petition. Whenever |
---|
685 | 673 | | 7 the name of an individual who signs a petition form as a |
---|
686 | 674 | | 8 registered voter contains a minor variation from the name of the |
---|
687 | 675 | | 9 registered voter as set forth in the records of the county voter |
---|
688 | 676 | | 10 registration office, the signature is presumed to be valid, and there |
---|
689 | 677 | | 11 is a presumption that the individual is entitled to sign the petition |
---|
690 | 678 | | 12 under this section. Except as otherwise provided in this chapter, |
---|
691 | 679 | | 13 in determining whether an individual is a registered voter, the |
---|
692 | 680 | | 14 county voter registration office shall apply the requirements and |
---|
693 | 681 | | 15 procedures used under IC 3 to determine whether a person is a |
---|
694 | 682 | | 16 registered voter for purposes of voting in an election governed by |
---|
695 | 683 | | 17 IC 3. However, an individual is not required to comply with the |
---|
696 | 684 | | 18 provisions concerning providing proof of identification to be |
---|
697 | 685 | | 19 considered a registered voter for purposes of this chapter. A |
---|
698 | 686 | | 20 person is entitled to sign a petition only one (1) time in a |
---|
699 | 687 | | 21 particular referendum process under this chapter, regardless of |
---|
700 | 688 | | 22 whether the person owns more than one (1) parcel of real |
---|
701 | 689 | | 23 property, mobile home assessed as personal property, or |
---|
702 | 690 | | 24 manufactured home assessed as personal property or a |
---|
703 | 691 | | 25 combination of those types of property within the political |
---|
704 | 692 | | 26 subdivision and regardless of whether the person is both a |
---|
705 | 693 | | 27 registered voter in the political subdivision and the owner of |
---|
706 | 694 | | 28 property within the political subdivision. Notwithstanding any |
---|
707 | 695 | | 29 other provision of this section, if a petition is presented to the |
---|
708 | 696 | | 30 county voter registration office within forty-five (45) days before |
---|
709 | 697 | | 31 an election, the county voter registration office may defer acting |
---|
710 | 698 | | 32 on the petition, and the time requirements under this section for |
---|
711 | 699 | | 33 action by the county voter registration office do not begin to run |
---|
712 | 700 | | 34 until five (5) days after the date of the election. |
---|
713 | 701 | | 35 (10) This subdivision does not apply to a controlled project |
---|
714 | 702 | | 36 described in subsection (a)(1)(E) (before its expiration). The |
---|
715 | 703 | | 37 county voter registration office must file a certificate and each |
---|
716 | 704 | | 38 petition with: |
---|
717 | 705 | | 39 (A) the township trustee, if the political subdivision is a |
---|
718 | 706 | | 40 township, who shall present the petition or petitions to the |
---|
719 | 707 | | 41 township board; or |
---|
720 | 708 | | 42 (B) the body that has the authority to authorize the issuance of |
---|
721 | 709 | | SB 518—LS 7334/DI 125 17 |
---|
722 | 710 | | 1 the bonds or the execution of a lease, if the political |
---|
723 | 711 | | 2 subdivision is not a township; |
---|
724 | 712 | | 3 within thirty-five (35) business days of the filing of the petition |
---|
725 | 713 | | 4 requesting the referendum process. The certificate must state the |
---|
726 | 714 | | 5 number of petitioners who are owners of property within the |
---|
727 | 715 | | 6 political subdivision and the number of petitioners who are |
---|
728 | 716 | | 7 registered voters residing within the political subdivision. |
---|
729 | 717 | | 8 (11) This subdivision does not apply to a controlled project |
---|
730 | 718 | | 9 described in subsection (a)(1)(E) (before its expiration). If a |
---|
731 | 719 | | 10 sufficient petition requesting the local public question process is |
---|
732 | 720 | | 11 not filed by owners of property or registered voters as set forth in |
---|
733 | 721 | | 12 this section, the political subdivision may issue bonds or enter |
---|
734 | 722 | | 13 into a lease by following the provisions of law relating to the |
---|
735 | 723 | | 14 bonds to be issued or lease to be entered into. |
---|
736 | 724 | | 15 (c) If the proper officers of a political subdivision make a |
---|
737 | 725 | | 16 preliminary determination to issue bonds or enter into a lease, the |
---|
738 | 726 | | 17 officers shall provide to the county auditor: |
---|
739 | 727 | | 18 (1) a copy of the notice required by subsection (b)(2); and |
---|
740 | 728 | | 19 (2) any other information the county auditor requires to fulfill the |
---|
741 | 729 | | 20 county auditor's duties under section 3.6 of this chapter. |
---|
742 | 730 | | 21 (d) In addition to the procedures in subsection (b), if any capital |
---|
743 | 731 | | 22 improvement components addressed in the most recent: |
---|
744 | 732 | | 23 (1) threat assessment of the buildings within the school |
---|
745 | 733 | | 24 corporation; or |
---|
746 | 734 | | 25 (2) school safety plan (as described in IC 20-26-18.2-2(b)); |
---|
747 | 735 | | 26 concerning a particular school have not been completed or require |
---|
748 | 736 | | 27 additional funding to be completed, before the school corporation may |
---|
749 | 737 | | 28 impose property taxes to pay debt service on bonds or lease rentals for |
---|
750 | 738 | | 29 a lease for a controlled project, and in addition to any other components |
---|
751 | 739 | | 30 of the controlled project, the controlled project must include any capital |
---|
752 | 740 | | 31 improvements necessary to complete those components described in |
---|
753 | 741 | | 32 subdivisions (1) and (2) that have not been completed or that require |
---|
754 | 742 | | 33 additional funding to be completed. |
---|
755 | 743 | | 34 (e) In addition to the other procedures in this section, an ordinance |
---|
756 | 744 | | 35 or resolution making a preliminary determination to issue bonds or |
---|
757 | 745 | | 36 enter into leases that is considered for adoption must include a |
---|
758 | 746 | | 37 statement of: |
---|
759 | 747 | | 38 (1) the maximum annual debt service for the controlled project for |
---|
760 | 748 | | 39 each year in which the debt service will be paid; and |
---|
761 | 749 | | 40 (2) the schedule of the estimated annual tax levy and rate over a |
---|
762 | 750 | | 41 ten (10) year period; |
---|
763 | 751 | | 42 factoring in changes that will occur to the debt service levy and tax rate |
---|
764 | 752 | | SB 518—LS 7334/DI 125 18 |
---|
765 | 753 | | 1 during the period on account of any outstanding bonds or lease |
---|
766 | 754 | | 2 obligations that will mature or terminate during the period. |
---|
767 | 755 | | 3 SECTION 3. IC 6-1.1-20-13.5 IS ADDED TO THE INDIANA |
---|
768 | 756 | | 4 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
769 | 757 | | 5 [EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec. 13.5. (a) This |
---|
770 | 758 | | 6 section applies if the governing body of a school corporation |
---|
771 | 759 | | 7 intends to adopt a resolution under section 3.1 or 3.5 of this |
---|
772 | 760 | | 8 chapter after May 10, 2025, to impose property taxes to pay debt |
---|
773 | 761 | | 9 service on bonds or lease rentals for a controlled project. However, |
---|
774 | 762 | | 10 this section does not apply to a school corporation for which less |
---|
775 | 763 | | 11 than one hundred (100) students who have legal settlement in the |
---|
1023 | | - | 1 department or authorizer that relate to compliance by the |
---|
1024 | | - | 2 organizer with the terms of the charter or applicable state or |
---|
1025 | | - | 3 federal laws are subject to inspection and copying in accordance |
---|
1026 | | - | 4 with IC 5-14-3. |
---|
1027 | | - | 5 (15) Specify that the charter school is subject to the requirements |
---|
1028 | | - | 6 of IC 5-14-1.5. |
---|
1029 | | - | 7 (16) This subdivision applies to a charter established or renewed |
---|
1030 | | - | 8 for an adult high school after June 30, 2014. The charter must |
---|
1031 | | - | 9 require: |
---|
1032 | | - | 10 (A) that the school will offer flexible scheduling; |
---|
1033 | | - | 11 (B) that students will not complete the majority of instruction |
---|
1034 | | - | 12 of the school's curriculum online or through remote |
---|
1035 | | - | 13 instruction; |
---|
1036 | | - | 14 (C) that the school will offer dual credit or industry |
---|
1037 | | - | 15 certification course work that aligns with career pathways as |
---|
1038 | | - | 16 recommended by the Indiana career council established by |
---|
1039 | | - | 17 IC 22-4.5-9-3 (expired); and |
---|
1040 | | - | 18 (D) a plan: |
---|
1041 | | - | 19 (i) to support successful program completion and to assist |
---|
1042 | | - | 20 transition of graduates to the workforce or to a |
---|
1043 | | - | 21 postsecondary education upon receiving a diploma from the |
---|
1044 | | - | 22 adult high school; and |
---|
1045 | | - | 23 (ii) to review individual student accomplishments and |
---|
1046 | | - | 24 success after a student receives a diploma from the adult |
---|
1047 | | - | 25 high school. |
---|
1048 | | - | 26 (17) In the case of a charter school that is subject to |
---|
1049 | | - | 27 IC 20-24-3-19, the charter must confirm that at least one (1) |
---|
1050 | | - | 28 member of the governing board of the charter school will be |
---|
1051 | | - | 29 appointed in accordance with IC 20-24-3-19. |
---|
1052 | | - | 30 (b) A charter school shall set annual performance targets in |
---|
1053 | | - | 31 conjunction with the charter school's authorizer. The annual |
---|
1054 | | - | 32 performance targets shall be designed to help each school meet |
---|
1055 | | - | 33 applicable federal, state, and authorizer expectations. |
---|
1056 | | - | 34 SECTION 6. IC 20-24-7-6, AS AMENDED BY P.L.189-2023, |
---|
1057 | | - | 35 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1058 | | - | 36 MAY 10, 2025 (RETROACTIVE)]: Sec. 6. (a) With the approval of a |
---|
1059 | | - | 37 majority of the members of the governing body, a school corporation |
---|
1060 | | - | 38 may distribute a proportionate share of the school corporation's |
---|
1061 | | - | 39 operations fund to a charter school. A charter school may elect to |
---|
1062 | | - | 40 distribute a proportionate share of the charter school's operations fund |
---|
1063 | | - | 41 to the school corporation in whose district the charter school is located. |
---|
1064 | | - | 42 (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a |
---|
1065 | | - | SB 518—LS 7334/DI 125 25 |
---|
1066 | | - | 1 governing body may distribute money that is received as part of a tax |
---|
1067 | | - | 2 levy collected under IC 20-46-1 from the school corporation's |
---|
1068 | | - | 3 education fund to a charter school, excluding a virtual charter school, |
---|
1069 | | - | 4 in the manner provided by IC 20-46-1-8(e). |
---|
1070 | | - | 5 (c) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a |
---|
1071 | | - | 6 governing body may distribute money from the school safety |
---|
1072 | | - | 7 referendum tax levy fund to a charter school, excluding a virtual |
---|
1073 | | - | 8 charter school, in the manner prescribed by IC 20-46-9-6(b). |
---|
1074 | | - | 9 SECTION 7. IC 20-24-7-6.1, AS ADDED BY P.L.201-2023, |
---|
1075 | | - | 10 SECTION 153, IS AMENDED TO READ AS FOLLOWS |
---|
1076 | | - | 11 [EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) This section applies to |
---|
1077 | | - | 12 revenue collected: |
---|
1078 | | - | 13 (1) after June 30, 2024, and before January 1, 2028, from a tax |
---|
1079 | | - | 14 levy imposed under IC 20-46-8 by the governing body of a school |
---|
1080 | | - | 15 corporation described in IC 20-46-8-11.2(a); |
---|
1081 | | - | 16 (2) after December 31, 2025, in the case of a tax levy imposed |
---|
1082 | | - | 17 under IC 20-46-7 by the governing body of a school |
---|
1083 | | - | 18 corporation; and |
---|
1084 | | - | 19 (3) after December 31, 2027, in the case of a tax levy imposed |
---|
1085 | | - | 20 under IC 20-46-8 by the governing body of a school |
---|
1086 | | - | 21 corporation. |
---|
1087 | | - | 22 (b) Beginning In calendar year 2025, 2026, and 2027, and each year |
---|
1088 | | - | 23 thereafter, the county auditor shall distribute money that is received as |
---|
1089 | | - | 24 part of a tax levy collected under IC 20-46-8 to an eligible charter |
---|
1090 | | - | 25 school, excluding a virtual charter school and adult high school, for |
---|
1091 | | - | 26 deposit in the charter school's operations fund created under |
---|
1092 | | - | 27 IC 20-40-18-1. The distributions shall be made at the same time that |
---|
1093 | | - | 28 tax levy revenue is required to be distributed to school corporations. |
---|
1094 | | - | 29 (c) This subsection applies as follows: |
---|
1095 | | - | 30 (1) Beginning in calendar year 2026, and each year thereafter, |
---|
1096 | | - | 31 the county auditor shall distribute money that is received as |
---|
1097 | | - | 32 part of a tax levy collected under IC 20-46-7 to an eligible |
---|
1098 | | - | 33 charter school, excluding a virtual charter school and adult |
---|
1099 | | - | 34 high school, in the manner prescribed by IC 20-46-7-17 for |
---|
1100 | | - | 35 deposit in the charter school's operations fund created under |
---|
1101 | | - | 36 IC 20-40-18-1. |
---|
1102 | | - | 37 (2) Beginning in calendar year 2028, and each year thereafter, |
---|
1103 | | - | 38 the county auditor shall distribute money that is received as |
---|
1104 | | - | 39 part of a tax levy collected under IC 20-46-8 to an eligible |
---|
1105 | | - | 40 charter school, excluding a virtual charter school and adult |
---|
1106 | | - | 41 high school, in the manner prescribed by IC 20-46-8-13 for |
---|
1107 | | - | 42 deposit in the charter school's operations fund created under |
---|
1108 | | - | SB 518—LS 7334/DI 125 26 |
---|
1109 | | - | 1 IC 20-40-18-1. |
---|
1110 | | - | 2 The distributions shall be made at the same time that tax levy |
---|
1111 | | - | 3 revenue is required to be distributed to school corporations. |
---|
1112 | | - | 4 SECTION 8. IC 20-24-7-6.2, AS ADDED BY P.L.189-2023, |
---|
1113 | | - | 5 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1114 | | - | 6 MAY 10, 2025 (RETROACTIVE)]: Sec. 6.2. (a) This section applies |
---|
1115 | | - | 7 to a levy resulting from a resolution adopted by the governing body |
---|
1116 | | - | 8 under IC 6-1.1-20 and a resolution to place a referendum on the ballot |
---|
1117 | | - | 9 adopted by the governing body under IC 20-46-1-8, IC 20-46-1-8.5, |
---|
1118 | | - | 10 IC 20-46-9-6, or IC 20-46-9-7: |
---|
1119 | | - | 11 (1) after May 10, 2023, and before May 11, 2025, for counties |
---|
1120 | | - | 12 described in IC 20-46-1-21(a) and IC 20-46-9-22(a); and |
---|
1121 | | - | 13 (2) after May 10, 2025, for all counties. |
---|
1122 | | - | 14 (b) The county auditor in the county in which the applicable school |
---|
1123 | | - | 15 corporation is located shall distribute money that is received as part of |
---|
1124 | | - | 16 a tax levy collected under IC 20-46-1 to an applicable charter school, |
---|
1125 | | - | 17 excluding a virtual charter school, in the manner provided by |
---|
1126 | | - | 18 IC 20-46-1-21. |
---|
1127 | | - | 19 (c) The county auditor in the county in which the applicable school |
---|
1128 | | - | 20 corporation is located shall distribute money that is received as part of |
---|
1129 | | - | 21 a tax levy collected under IC 20-46-9 to an applicable charter school, |
---|
1130 | | - | 22 excluding a virtual charter school, in the manner prescribed by |
---|
1131 | | - | 23 IC 20-46-9-22. |
---|
1132 | | - | 24 (d) The county auditor in the county in which the applicable |
---|
1133 | | - | 25 school corporation is located shall distribute money that is received |
---|
1134 | | - | 26 as part of a tax levy collected under IC 6-1.1-20 to a qualified |
---|
1135 | | - | 27 charter school (as defined in IC 6-1.1-20-13.5(b)), excluding a |
---|
1136 | | - | 28 virtual charter school, in the manner prescribed by |
---|
1137 | | - | 29 IC 6-1.1-20-13.5. A qualified charter school (as defined in |
---|
1138 | | - | 30 IC 6-1.1-20-13.5(b)) shall establish a separate account into which |
---|
1139 | | - | 31 revenue received from a tax levy under IC 6-1.1-20 must be |
---|
1140 | | - | 32 deposited. |
---|
1141 | | - | 33 (d) (e) A charter school that may receive money from a school |
---|
1142 | | - | 34 corporation's tax levy collected under IC 6-1.1-20, a school |
---|
1143 | | - | 35 corporation's tax levy collected under IC 20-46-1, or a school safety |
---|
1144 | | - | 36 referendum tax levy under IC 20-46-9 may not promote a position on |
---|
1145 | | - | 37 is prohibited from promoting a referendum in the same manner as a |
---|
1146 | | - | 38 school corporation is prohibited from promoting a position on a |
---|
1147 | | - | 39 referendum under IC 20-46-1-20. |
---|
1148 | | - | 40 (e) (f) If a charter school receives a distribution from a school |
---|
1149 | | - | 41 corporation from a school corporation's tax levy collected under |
---|
1150 | | - | 42 IC 6-1.1-20, the school corporation's tax levy collected under |
---|
1151 | | - | SB 518—LS 7334/DI 125 27 |
---|
1152 | | - | 1 IC 20-46-1, or a school safety referendum tax levy under IC 20-46-9, |
---|
1153 | | - | 2 the charter school must post the following on the charter school's |
---|
1154 | | - | 3 website: |
---|
1155 | | - | 4 (1) The specific purposes for which the revenue received from the |
---|
1156 | | - | 5 tax levy will be used. |
---|
1157 | | - | 6 (2) An estimate of the annual dollar amounts that will be |
---|
1158 | | - | 7 expended for each purpose described in subdivision (1). |
---|
1159 | | - | 8 SECTION 9. IC 20-24-7-17 IS ADDED TO THE INDIANA CODE |
---|
1160 | | - | 9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
1161 | | - | 10 1, 2025]: Sec. 17. (a) This section is in addition to any other |
---|
1162 | | - | 11 requirement imposed on a charter school with respect to the |
---|
1163 | | - | 12 closure of a charter school, including the payment of any |
---|
1164 | | - | 13 outstanding debts. |
---|
1165 | | - | 14 (b) In the case of a charter school that closes after the June or |
---|
1166 | | - | 15 December distribution of property tax revenue, the charter school |
---|
1167 | | - | 16 shall return any property tax revenue received from a levy |
---|
1168 | | - | 17 referred to in sections 6.1 and 6.2 of this chapter to the school |
---|
1169 | | - | 18 corporation in which the charter school is located. A charter school |
---|
1170 | | - | 19 that closes is not entitled to any future distributions of property tax |
---|
1171 | | - | 20 revenue from a levy referred to in sections 6.1 and 6.2 of this |
---|
1172 | | - | 21 chapter. |
---|
1173 | | - | 22 (c) If a charter school has outstanding debt at the time of the |
---|
1174 | | - | 23 closure, the charter school must satisfy the outstanding debt in |
---|
1175 | | - | 24 accordance with the following: |
---|
1176 | | - | 25 (1) If the charter school owns the building but did not |
---|
1177 | | - | 26 purchase the building under IC 20-26-7.1, the charter school |
---|
1178 | | - | 27 must first sell the building and apply the proceeds received |
---|
1179 | | - | 28 from the sale to pay off the outstanding debt. |
---|
1180 | | - | 29 (2) If subdivision (1) does not apply, the charter school must |
---|
1181 | | - | 30 satisfy the debt by means of any other revenue source legally |
---|
1182 | | - | 31 available to the charter school. |
---|
1183 | | - | 32 (d) A charter school that closes must notify the county fiscal |
---|
1184 | | - | 33 body of the county in which the charter school is located of the |
---|
1185 | | - | 34 closure and provide the county fiscal body with a certified copy of |
---|
1186 | | - | 35 the resolution adopted by the charter school's governing body to |
---|
1187 | | - | 36 close the charter school. |
---|
1188 | | - | 37 SECTION 10. IC 20-24-13-1, AS ADDED BY P.L.213-2015, |
---|
1189 | | - | 38 SECTION 162, IS AMENDED TO READ AS FOLLOWS |
---|
1190 | | - | 39 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This chapter applies to the |
---|
1191 | | - | 40 following: |
---|
1192 | | - | 41 (1) A charter school. that does not receive a pro rata share of local |
---|
1193 | | - | 42 property tax revenue. |
---|
1194 | | - | SB 518—LS 7334/DI 125 28 |
---|
1195 | | - | 1 (2) An innovation network school located in a school city, as |
---|
1196 | | - | 2 defined in IC 20-25-2-12, that existed on January 1, 2015 that |
---|
1197 | | - | 3 does not receive a pro rata share of local property tax revenue |
---|
1198 | | - | 4 (referred to as an innovation network school in this chapter). |
---|
1199 | | - | 5 (b) This chapter does not apply to a virtual charter school or an adult |
---|
1200 | | - | 6 high school. |
---|
1201 | | - | 7 SECTION 11. IC 20-24-13-6, AS AMENDED BY P.L.201-2023, |
---|
1202 | | - | 8 SECTION 158, IS AMENDED TO READ AS FOLLOWS |
---|
1203 | | - | 9 [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) Subject to section 7 of this |
---|
1204 | | - | 10 chapter, the department, in collaboration with the state board, |
---|
1205 | | - | 11 shall determine a school's annual grant amount for a grant under |
---|
1206 | | - | 12 this chapter. A school shall provide the department with any |
---|
1207 | | - | 13 information necessary, in the manner prescribed by the |
---|
1208 | | - | 14 department, to determine a school's annual grant amount under |
---|
1209 | | - | 15 this section. The annual grant amount for a school for a state fiscal |
---|
1210 | | - | 16 year is the following: |
---|
1211 | | - | 17 (1) For the state fiscal year beginning July 1, 2021: |
---|
1212 | | - | 18 (A) one thousand dollars ($1,000); multiplied by |
---|
| 1011 | + | 1 (B) the number of eligible pupils who are counted in the |
---|
| 1012 | + | 2 current ADM of the school. |
---|
| 1013 | + | 3 (2) For the state fiscal year beginning July 1, 2022: |
---|
| 1014 | + | 4 (A) one thousand two hundred fifty dollars ($1,250); |
---|
| 1015 | + | 5 multiplied by |
---|
| 1016 | + | 6 (B) the number of eligible pupils who are counted in the |
---|
| 1017 | + | 7 current ADM of the school. |
---|
| 1018 | + | 8 (3) (1) For the state fiscal year beginning July 1, 2023, and each |
---|
| 1019 | + | 9 state fiscal year thereafter: and for the state fiscal year |
---|
| 1020 | + | 10 beginning July 1, 2024: |
---|
| 1021 | + | 11 (A) one thousand four hundred dollars ($1,400); multiplied by |
---|
| 1022 | + | 12 (B) the number of eligible pupils who are counted in the |
---|
| 1023 | + | 13 current ADM of the school. |
---|
| 1024 | + | 14 (2) Subject to subsection (b) and section 7 of this chapter, for |
---|
| 1025 | + | 15 the state fiscal year beginning July 1, 2025, and each state |
---|
| 1026 | + | 16 fiscal year thereafter: |
---|
| 1027 | + | 17 (A) one thousand four hundred dollars ($1,400); multiplied |
---|
| 1028 | + | 18 by |
---|
1226 | | - | 32 (2) Subject to subsection (b) and section 7 of this chapter, for |
---|
1227 | | - | 33 the state fiscal year beginning July 1, 2025, and each state |
---|
1228 | | - | 34 fiscal year thereafter: |
---|
1229 | | - | 35 (A) one thousand four hundred dollars ($1,400); multiplied |
---|
1230 | | - | 36 by |
---|
1231 | | - | 37 (B) the number of eligible pupils who are counted in the |
---|
1232 | | - | 38 current ADM of the school. |
---|
1233 | | - | 39 (b) Notwithstanding subsection (a), and subject to section 7 of |
---|
1234 | | - | 40 this chapter, the annual grant amount for a school for a state fiscal |
---|
1235 | | - | 41 year is determined in the last STEP of the following STEPS: |
---|
1236 | | - | 42 STEP ONE: Determine the aggregate sum of the property tax |
---|
| 1042 | + | 32 STEP THREE: Determine: |
---|
| 1043 | + | 33 (A) one thousand four hundred dollars ($1,400); minus |
---|
| 1044 | + | 34 (B) the STEP TWO result. |
---|
| 1045 | + | 35 STEP FOUR: Determine the greater of: |
---|
| 1046 | + | 36 (A) the STEP THREE result; or |
---|
| 1047 | + | 37 (B) zero (0). |
---|
| 1048 | + | 38 STEP FIVE: Determine the result of: |
---|
| 1049 | + | 39 (A) the STEP FOUR result; multiplied by |
---|
| 1050 | + | 40 (B) the number of eligible pupils who are counted in the |
---|
| 1051 | + | 41 school's current ADM. |
---|
| 1052 | + | 42 (c) A county auditor shall collaborate with the department to |
---|
| 1053 | + | SB 518—LS 7334/DI 125 25 |
---|
| 1054 | + | 1 the extent necessary to carry out this section. |
---|
| 1055 | + | 2 SECTION 9. IC 20-24-13-7 IS ADDED TO THE INDIANA CODE |
---|
| 1056 | + | 3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 1057 | + | 4 1, 2025]: Sec. 7. (a) Before the department may distribute a grant |
---|
| 1058 | + | 5 under this chapter, the department shall determine the total |
---|
| 1059 | + | 6 amount of: |
---|
| 1060 | + | 7 (1) property tax revenue that the charter school is set to |
---|
| 1061 | + | 8 receive from a particular school corporation in a year from |
---|
| 1062 | + | 9 levies imposed under: |
---|
| 1063 | + | 10 (A) IC 6-1.1-20, as a result of a resolution to impose |
---|
| 1064 | + | 11 property taxes adopted by the governing body after May |
---|
| 1065 | + | 12 10, 2025; and |
---|
| 1066 | + | 13 (B) IC 20-46-7; plus |
---|
| 1067 | + | 14 (2) the total amount of the grant to be awarded to the charter |
---|
| 1068 | + | 15 school under this chapter for the school year. |
---|
| 1069 | + | 16 If the sum of subdivisions (1) and (2) for a particular charter |
---|
| 1070 | + | 17 school exceeds the amount of property tax revenue that the school |
---|
| 1071 | + | 18 corporation, if not for the application of this section, would receive |
---|
| 1072 | + | 19 after sharing amounts of property tax revenue as otherwise |
---|
| 1073 | + | 20 required by law, the department shall reduce the amount of the |
---|
| 1074 | + | 21 grant amount to the charter school that exceeds the amount the |
---|
| 1075 | + | 22 school corporation would otherwise receive. |
---|
| 1076 | + | 23 (b) A county auditor shall collaborate with other county |
---|
| 1077 | + | 24 auditors and the department to the extent necessary to comply with |
---|
| 1078 | + | 25 the requirements of this section. |
---|
| 1079 | + | 26 SECTION 10. IC 20-25.7-5-3, AS AMENDED BY P.L.162-2024, |
---|
| 1080 | + | 27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1081 | + | 28 JULY 1, 2025]: Sec. 3. (a) For as long as a charter school remains a |
---|
| 1082 | + | 29 participating innovation network charter school: |
---|
| 1083 | + | 30 (1) the school corporation may provide transportation for students |
---|
| 1084 | + | 31 attending the participating innovation network charter school; |
---|
| 1085 | + | 32 (2) the school corporation may maintain and repair the buildings |
---|
| 1086 | + | 33 and grounds used by the participating innovation network charter |
---|
| 1087 | + | 34 school consistent with the maintenance and repair to the school |
---|
| 1088 | + | 35 corporation's other buildings and grounds; |
---|
| 1089 | + | 36 (3) the school corporation may enter into an agreement to transfer |
---|
| 1090 | + | 37 the ownership of a school corporation facility to the organizer; |
---|
| 1091 | + | 38 and |
---|
| 1092 | + | 39 (4) the school corporation may not alter the use of the facility |
---|
| 1093 | + | 40 occupied by the participating innovation network charter school |
---|
| 1094 | + | 41 without agreement from the organizer. |
---|
| 1095 | + | 42 (b) If an organizer contracts with a school corporation for goods or |
---|
| 1096 | + | SB 518—LS 7334/DI 125 26 |
---|
| 1097 | + | 1 services, the school corporation may not charge the organizer more for |
---|
| 1098 | + | 2 the goods or services than the school corporation pays for the goods or |
---|
| 1099 | + | 3 services. A school corporation may not require an organizer to contract |
---|
| 1100 | + | 4 for specific goods or services provided by the school corporation or any |
---|
| 1101 | + | 5 other entity. |
---|
| 1102 | + | 6 (c) A school corporation and an organizer may negotiate to require |
---|
| 1103 | + | 7 specific services with regard to a participating innovation network |
---|
| 1104 | + | 8 charter school during the term of an agreement. However, an organizer |
---|
| 1105 | + | 9 must be able to select the service provider for the services. |
---|
| 1106 | + | 10 (d) For as long as a charter school remains a participating |
---|
| 1107 | + | 11 innovation network charter school, the school corporation may |
---|
| 1108 | + | 12 distribute money levied as property taxes to the charter school. Property |
---|
| 1109 | + | 13 taxes distributed to a charter school must be used only for a purpose for |
---|
| 1110 | + | 14 which the property taxes could have been used by the school |
---|
| 1111 | + | 15 corporation. Property taxes distributed under this subsection may |
---|
| 1112 | + | 16 supplement services and property provided under subsection (a) or (b). |
---|
| 1113 | + | 17 The parties may jointly modify an agreement described in section 2 of |
---|
| 1114 | + | 18 this chapter to implement this subsection. |
---|
| 1115 | + | 19 (e) An agreement concerning the transfer of ownership of a school |
---|
| 1116 | + | 20 corporation facility described in subsection (a) is not subject to |
---|
| 1117 | + | 21 IC 20-26-7.1. |
---|
| 1118 | + | 22 (f) Unless an agreement entered into before July 1, 2024, between |
---|
| 1119 | + | 23 a board and an organizer provides otherwise, a school corporation may |
---|
| 1120 | + | 24 not charge an organizer an amount for goods and services that is |
---|
| 1121 | + | 25 greater than the amount of the operations fund property tax levy the |
---|
| 1122 | + | 26 organizer receives under IC 20-46-8-11.2 or IC 20-46-8-13 for the |
---|
| 1123 | + | 27 participating innovation network charter school. |
---|
| 1124 | + | 28 SECTION 11. IC 20-26-5-45 IS ADDED TO THE INDIANA |
---|
| 1125 | + | 29 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 1126 | + | 30 [EFFECTIVE JULY 1, 2025]: Sec. 45. If a school corporation is |
---|
| 1127 | + | 31 authorized by the general assembly to impose any new tax after |
---|
| 1128 | + | 32 June 30, 2025, within the school corporation's attendance area, the |
---|
| 1129 | + | 33 governing body of the school corporation shall determine a method |
---|
| 1130 | + | 34 for the sharing of revenue collected from the imposition of the tax |
---|
| 1131 | + | 35 with each charter school that has a student who: |
---|
| 1132 | + | 36 (1) resides in the school corporation's attendance area and is |
---|
| 1133 | + | 37 included in the current ADM of the charter school; and |
---|
| 1134 | + | 38 (2) receives not more than fifty percent (50%) virtual |
---|
| 1135 | + | 39 instruction. |
---|
| 1136 | + | 40 SECTION 12. IC 20-26-7.1-1, AS AMENDED BY P.L.36-2024, |
---|
| 1137 | + | 41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1138 | + | 42 MAY 10, 2025 (RETROACTIVE)]: Sec. 1. (a) For purposes of this |
---|
| 1139 | + | SB 518—LS 7334/DI 125 27 |
---|
| 1140 | + | 1 section, "charter school" does not include a virtual charter school or an |
---|
| 1141 | + | 2 adult high school. |
---|
| 1142 | + | 3 (b) This chapter does not apply to the following: |
---|
| 1143 | + | 4 (1) A school building that since July 1, 2011, is leased or loaned |
---|
| 1144 | + | 5 by the school corporation that owns the school building to another |
---|
| 1145 | + | 6 entity, if the entity is not a building corporation or other entity that |
---|
| 1146 | + | 7 is related in any way to, or created by, the school corporation or |
---|
| 1147 | + | 8 the governing body. |
---|
| 1148 | + | 9 (2) A school corporation to which all of the following apply: |
---|
| 1149 | + | 10 (A) The county auditor distributes revenue after May 10, 2023, |
---|
| 1150 | + | 11 as required under IC 20-46-1-21 to each charter school |
---|
| 1151 | + | 12 described in IC 20-46-1-21(b). IC 20-46-1-21. |
---|
| 1152 | + | 13 (B) If the school corporation listed in IC 20-46-9-22, receives |
---|
| 1153 | + | 14 revenue from a school safety referendum tax levy under |
---|
| 1154 | + | 15 IC 20-46-9, the county auditor distributes revenue after May |
---|
| 1155 | + | 16 10, 2023, as required under IC 20-46-9-22 to each charter |
---|
| 1156 | + | 17 school described in IC 20-46-9-22(b). IC 20-46-9-22. |
---|
| 1157 | + | 18 The above subdivisions are intended to apply retroactively. No |
---|
| 1158 | + | 19 referendums or distributed revenue prior to May 10, 2023, are |
---|
| 1159 | + | 20 effective to provide exemption from this chapter. |
---|
| 1160 | + | 21 (3) A school corporation to which all of the following apply: |
---|
| 1161 | + | 22 (A) The school corporation approves a resolution after May |
---|
| 1162 | + | 23 10, 2023, to impose an operating referendum tax levy under |
---|
| 1163 | + | 24 IC 20-46-1 after May 10, 2023, that includes sharing the |
---|
| 1164 | + | 25 revenue from the referendum tax levy in the amounts |
---|
| 1165 | + | 26 described in clause (B) with each charter school that: |
---|
| 1166 | + | 27 (i) a student who resides within the attendance area of the |
---|
| 1167 | + | 28 school corporation attends; and |
---|
| 1168 | + | 29 (ii) elects to participate in the referendum. |
---|
| 1169 | + | 30 The above subdivisions are intended to apply retroactively. No |
---|
| 1170 | + | 31 resolutions, referendums, or distributed revenue prior to May 10, |
---|
| 1171 | + | 32 2023, are effective to provide exemption from this chapter. |
---|
| 1172 | + | 33 (B) The amount of referendum tax levy revenue that the school |
---|
| 1173 | + | 34 corporation is required to share with each charter school under |
---|
| 1174 | + | 35 the resolution described in clause (A) is equal to the amount |
---|
| 1175 | + | 36 determined applying the applicable formula under |
---|
| 1176 | + | 37 IC 20-46-1-21(d). IC 20-46-1-21. |
---|
| 1177 | + | 38 (C) The referendum tax levy described in clause (A) is |
---|
| 1178 | + | 39 approved by the voters. |
---|
| 1179 | + | 40 (D) The school corporation distributes the amounts described |
---|
| 1180 | + | 41 in clause (B) to each charter school described in clause (A). |
---|
| 1181 | + | 42 (E) If the school corporation receives revenue from a school |
---|
| 1182 | + | SB 518—LS 7334/DI 125 28 |
---|
| 1183 | + | 1 safety referendum tax levy under IC 20-46-9, the school |
---|
| 1184 | + | 2 corporation shares the revenue from the school safety |
---|
| 1185 | + | 3 referendum tax levy with each charter school that: |
---|
| 1186 | + | 4 (i) a student who resides within the attendance area of the |
---|
| 1187 | + | 5 school corporation attends; and |
---|
| 1188 | + | 6 (ii) elects to participate in the referendum; |
---|
| 1189 | + | 7 in an amount equal to the amount determined applying the |
---|
| 1190 | + | 8 applicable formula under IC 20-46-9-22(d). IC 20-46-9-22. |
---|
| 1191 | + | 9 (c) In order for any payment to a charter school to qualify as sharing |
---|
| 1192 | + | 10 of proceeds from a referendum for purposes of exemption from |
---|
| 1193 | + | 11 IC 20-26-7.1, the referendum must have been passed with prior notice |
---|
| 1194 | + | 12 to voters of all amounts of referendum proceeds to be paid to charter |
---|
| 1195 | + | 13 schools. Any claim of exemption based on payment of proceeds from |
---|
| 1196 | + | 14 a referendum passed without such notice is void. |
---|
| 1197 | + | 15 SECTION 13. IC 20-40-2-2, AS AMENDED BY P.L.201-2023, |
---|
| 1198 | + | 16 SECTION 181, IS AMENDED TO READ AS FOLLOWS |
---|
| 1199 | + | 17 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The governing body of each |
---|
| 1200 | + | 18 school corporation shall establish an education fund for the payment of |
---|
| 1201 | + | 19 expenses that are allocated to student instruction and learning under |
---|
| 1202 | + | 20 IC 20-42.5. |
---|
| 1203 | + | 21 (b) The governing body of a charter school that receives a |
---|
| 1204 | + | 22 distribution of revenue received from a tax levy under IC 20-46-8-11.2 |
---|
| 1205 | + | 23 or IC 20-46-8-13 shall establish an education fund for the payment of |
---|
| 1206 | + | 24 expenses that are allocated to student instruction and learning under |
---|
| 1207 | + | 25 IC 20-42.5. |
---|
| 1208 | + | 26 SECTION 14. IC 20-40-3-5, AS AMENDED BY P.L.189-2023, |
---|
| 1209 | + | 27 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1210 | + | 28 MAY 10, 2025 (RETROACTIVE)]: Sec. 5. (a) Money in the fund may |
---|
| 1211 | + | 29 be used for any lawful school expenses, including making a transfer to |
---|
| 1212 | + | 30 the school corporation's education fund (IC 20-40-2) or operations fund |
---|
| 1213 | + | 31 (IC 20-40-18). |
---|
| 1214 | + | 32 (b) Except as provided in IC 20-46-1-21, a school corporation may |
---|
| 1215 | + | 33 distribute proceeds of a tax levy collected under IC 20-46-1 that is |
---|
| 1216 | + | 34 transferred to the school corporation's education fund to a charter |
---|
| 1217 | + | 35 school, excluding a virtual charter school, that is located within the |
---|
| 1218 | + | 36 attendance area of the school corporation. |
---|
| 1219 | + | 37 SECTION 15. IC 20-40-18-1, AS AMENDED BY P.L.201-2023, |
---|
| 1220 | + | 38 SECTION 185, IS AMENDED TO READ AS FOLLOWS |
---|
| 1221 | + | 39 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) The governing body of each |
---|
| 1222 | + | 40 school corporation shall create an operations fund to be used by the |
---|
| 1223 | + | 41 school corporation after December 31, 2018. |
---|
| 1224 | + | 42 (b) The governing body of each charter school that receives a |
---|
2141 | | - | 1 thereafter, and subject to subsections (c) and (h), the county auditor |
---|
2142 | | - | 2 shall distribute, as provided under subsection (f), an amount of revenue |
---|
2143 | | - | 3 received from a tax levy imposed by a school corporation under this |
---|
2144 | | - | 4 chapter to each charter school that is eligible for a distribution under |
---|
2145 | | - | 5 subsection (d) and as set forth in subsection (f). |
---|
2146 | | - | 6 (c) The following schools are not eligible to receive a distribution |
---|
2147 | | - | 7 under this section: |
---|
2148 | | - | 8 (1) A virtual charter school. |
---|
2149 | | - | 9 (2) An adult high school. |
---|
2150 | | - | 10 (d) Not later than thirty (30) days before the date that the county |
---|
2151 | | - | 11 auditor distributes money for a school corporation's operations fund |
---|
2152 | | - | 12 (IC 20-40-18) under IC 6-1.1-27, the department, in consultation with |
---|
2153 | | - | 13 the department of local government finance, shall determine the |
---|
2154 | | - | 14 corresponding percentages of revenue received from the tax levy that |
---|
2155 | | - | 15 must be distributed among the school corporation and each eligible |
---|
2156 | | - | 16 charter school according to the following formula: |
---|
2157 | | - | 17 STEP ONE: Determine each charter school that: |
---|
2158 | | - | 18 (A) is located in the same county as the school corporation; |
---|
2159 | | - | 19 and |
---|
2160 | | - | 20 (B) provides not more than fifty percent (50%) virtual |
---|
2161 | | - | 21 instruction for its students. |
---|
2162 | | - | 22 STEP TWO: Determine, for each charter school described in |
---|
2163 | | - | 23 STEP ONE, the number of students who: |
---|
2164 | | - | 24 (A) have legal settlement within the school corporation; |
---|
2165 | | - | 25 (B) are currently included in the fall ADM for the charter |
---|
2166 | | - | 26 school; and |
---|
2167 | | - | 27 (C) receive not more than fifty percent (50%) virtual |
---|
2168 | | - | 28 instruction. |
---|
2169 | | - | 29 STEP THREE: Determine the sum of: |
---|
2170 | | - | 30 (A) the aggregate of the STEP TWO results for all applicable |
---|
2171 | | - | 31 charter schools; plus |
---|
2172 | | - | 32 (B) the fall ADM count for the school corporation for students |
---|
2173 | | - | 33 receiving not more than fifty percent (50%) virtual instruction. |
---|
2174 | | - | 34 STEP FOUR: For each charter school described in STEP ONE, |
---|
2175 | | - | 35 determine the result of: |
---|
2176 | | - | 36 (A) the applicable STEP TWO amount; divided by |
---|
2177 | | - | 37 (B) the STEP THREE amount; |
---|
2178 | | - | 38 expressed as a percentage. |
---|
2179 | | - | 39 STEP FIVE: Determine the sum of all the amounts computed |
---|
2180 | | - | 40 under STEP FOUR and subtract the result from one hundred |
---|
2181 | | - | 41 percent (100%). |
---|
2182 | | - | 42 (e) The department shall provide to the county auditor, immediately |
---|
2183 | | - | SB 518—LS 7334/DI 125 51 |
---|
2184 | | - | 1 after calculation under subsection (d), and in the form prescribed by the |
---|
2185 | | - | 2 county auditor: |
---|
2186 | | - | 3 (1) each charter school determined under STEP ONE of |
---|
2187 | | - | 4 subsection (d) and the charter school's corresponding percentage |
---|
2188 | | - | 5 calculated under STEP FOUR of subsection (d); and |
---|
2189 | | - | 6 (2) the percentage calculated under STEP FIVE of subsection (d) |
---|
2190 | | - | 7 for the school corporation. |
---|
2191 | | - | 8 (f) The county auditor shall distribute to the school corporation and |
---|
2192 | | - | 9 each applicable charter school the amount determined in the last STEP |
---|
2193 | | - | 10 of the following STEPS: |
---|
2194 | | - | 11 STEP ONE: For each school corporation, determine a base |
---|
2195 | | - | 12 property tax levy amount calculated as: |
---|
2196 | | - | 13 (A) the sum of the school corporation's operations fund |
---|
2197 | | - | 14 property tax levies collected under this chapter in calendar |
---|
2198 | | - | 15 years 2021, 2022, and 2023; divided by |
---|
2199 | | - | 16 (B) three (3). |
---|
2200 | | - | 17 STEP TWO: For each school corporation, determine an |
---|
2201 | | - | 18 incremental property tax levy amount calculated as: |
---|
2202 | | - | 19 (A) the school corporation's operations fund property tax levy |
---|
2203 | | - | 20 collections for the current calendar year; minus |
---|
2204 | | - | 21 (B) the school corporation's base property tax levy collections |
---|
2205 | | - | 22 determined under STEP ONE. |
---|
2206 | | - | 23 STEP THREE: For the school corporation and each applicable |
---|
2207 | | - | 24 charter school, determine the result of: |
---|
2208 | | - | 25 (A) the incremental amount determined under STEP TWO; |
---|
2209 | | - | 26 multiplied by |
---|
2210 | | - | 27 (B) the following percentage: |
---|
2211 | | - | 28 (i) In the case of an applicable charter school, the charter |
---|
2212 | | - | 29 school's percentage under STEP FOUR of subsection (d). |
---|
2213 | | - | 30 (ii) In the case of the school corporation, the school |
---|
2214 | | - | 31 corporation's percentage under STEP FIVE of subsection |
---|
2215 | | - | 32 (d). |
---|
2216 | | - | 33 (g) Before October 1, 2024, and before October 1 of each year |
---|
2217 | | - | 34 thereafter, the department shall provide to each school corporation and |
---|
2218 | | - | 35 each eligible charter school an estimate of the amount of property tax |
---|
2219 | | - | 36 levy revenue the school corporation and charter school are expected to |
---|
2220 | | - | 37 receive under this section. |
---|
2221 | | - | 38 (h) In order to receive a distribution under this section, the |
---|
2222 | | - | 39 governing body of an eligible charter school shall, before November 1, |
---|
2223 | | - | 40 2024, and before November 1 of each year thereafter, adopt a budget |
---|
2224 | | - | 41 for the school year. Not later than ten (10) days before its adoption, the |
---|
2225 | | - | 42 budget must be fixed and presented to the charter board in a public |
---|
2226 | | - | SB 518—LS 7334/DI 125 52 |
---|
2227 | | - | 1 meeting in the county in which the charter school is incorporated. A |
---|
2228 | | - | 2 budget that is adopted under this subsection must be submitted to the |
---|
2229 | | - | 3 charter authorizer for review and to the department of local government |
---|
2230 | | - | 4 finance to be posted publicly on the computer gateway under |
---|
2231 | | - | 5 IC 6-1.1-17-3. |
---|
2232 | | - | 6 (i) Before April 1, 2025, and before April 1 of each year thereafter, |
---|
2233 | | - | 7 the county auditor shall provide each school corporation and each |
---|
2234 | | - | 8 eligible charter school the actual amount of property tax levy revenue |
---|
2235 | | - | 9 the school corporation and charter school are expected to receive under |
---|
2236 | | - | 10 this section. |
---|
2237 | | - | 11 SECTION 28. IC 20-46-8-12 IS ADDED TO THE INDIANA |
---|
2238 | | - | 12 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2239 | | - | 13 [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) Not later than November |
---|
2240 | | - | 14 15, 2027, the department shall determine the applicable operations |
---|
2241 | | - | 15 levy share quotient to be used in calculating the amounts that a |
---|
2242 | | - | 16 school corporation must share each calendar year from the total |
---|
2243 | | - | 17 property tax revenue collected from the school corporation's |
---|
2244 | | - | 18 operations fund property tax levy imposed under this chapter in |
---|
2245 | | - | 19 the calendar year according to the following formula: |
---|
2246 | | - | 20 STEP ONE: Identify, for each school corporation, the charter |
---|
2247 | | - | 21 schools, excluding virtual charter schools or adult high |
---|
2248 | | - | 22 schools, in which students who have legal settlement in the |
---|
2249 | | - | 23 school corporation attend and receive not more than fifty |
---|
2250 | | - | 24 percent (50%) virtual instruction. |
---|
2251 | | - | 25 STEP TWO: Determine, for each charter school identified in |
---|
2252 | | - | 26 STEP ONE, the number of students who: |
---|
2253 | | - | 27 (A) have legal settlement in the school corporation who are |
---|
2254 | | - | 28 currently included in the fall ADM count of the charter |
---|
2255 | | - | 29 school; and |
---|
2256 | | - | 30 (B) receive not more than fifty percent (50%) virtual |
---|
2257 | | - | 31 instruction. |
---|
2258 | | - | 32 STEP THREE: Determine the sum of: |
---|
2259 | | - | 33 (A) the fall ADM count for the school corporation, |
---|
2260 | | - | 34 excluding students who: |
---|
2261 | | - | 35 (i) receive more than fifty percent (50%) virtual |
---|
2262 | | - | 36 instruction; or |
---|
2263 | | - | 37 (ii) attend the school corporation but do not have legal |
---|
2264 | | - | 38 settlement in the school corporation; plus |
---|
2265 | | - | 39 (B) the total number of students who reside within the |
---|
2266 | | - | 40 attendance area of the school corporation who are |
---|
2267 | | - | 41 currently included in the fall ADM count of: |
---|
2268 | | - | 42 (i) a charter school, excluding virtual charter schools or |
---|
2269 | | - | SB 518—LS 7334/DI 125 53 |
---|
2270 | | - | 1 adult high schools; and |
---|
2271 | | - | 2 (ii) receive not more than fifty percent (50%) virtual |
---|
2272 | | - | 3 instruction. |
---|
2273 | | - | 4 STEP FOUR: To determine the operations levy share quotient |
---|
2274 | | - | 5 for each charter school identified in STEP ONE, determine |
---|
2275 | | - | 6 the result of: |
---|
2276 | | - | 7 (A) the STEP TWO result; divided by |
---|
2277 | | - | 8 (B) the STEP THREE result. |
---|
2278 | | - | 9 (b) The department shall provide to the county auditor with |
---|
2279 | | - | 10 respect to each school corporation located in the county auditor's |
---|
2280 | | - | 11 county, immediately after calculation under subsection (a), and in |
---|
2281 | | - | 12 the form prescribed by the county auditor each charter school |
---|
2282 | | - | 13 determined under STEP ONE of subsection (a) and the charter |
---|
2283 | | - | 14 school's corresponding operations levy share quotient calculated |
---|
2284 | | - | 15 under STEP FOUR of subsection (a). |
---|
2285 | | - | 16 (c) For the purposes of the calculations made in this section, |
---|
2286 | | - | 17 each eligible school that has entered into an agreement with a |
---|
2287 | | - | 18 school corporation to participate as a participating innovation |
---|
2288 | | - | 19 network charter school under IC 20-25.7-5 is considered to have an |
---|
2289 | | - | 20 ADM that is separate from the school corporation. |
---|
2290 | | - | 21 SECTION 29. IC 20-46-8-13 IS ADDED TO THE INDIANA |
---|
2291 | | - | 22 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2292 | | - | 23 [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) This section applies to |
---|
2293 | | - | 24 revenue collected after December 31, 2027, from a tax levy imposed |
---|
2294 | | - | 25 by a school corporation under this chapter. |
---|
2295 | | - | 26 (b) This section does not apply to, and distributions are not |
---|
2296 | | - | 27 required for, a school corporation: |
---|
2297 | | - | 28 (1) that is designated as a distressed political subdivision |
---|
2298 | | - | 29 under IC 6-1.1-20.3; |
---|
2299 | | - | 30 (2) that was, at any time during the three (3) immediately |
---|
2300 | | - | 31 preceding calendar years, designated as a distressed political |
---|
2301 | | - | 32 subdivision under IC 6-1.1-20.3; or |
---|
2302 | | - | 33 (3) for which less than one hundred (100) students who have |
---|
2303 | | - | 34 legal settlement in the school corporation attend a charter |
---|
2304 | | - | 35 school, excluding a virtual charter school. |
---|
2305 | | - | 36 (c) The following schools are not eligible to receive a |
---|
2306 | | - | 37 distribution under this section: |
---|
2307 | | - | 38 (1) A virtual charter school. |
---|
2308 | | - | 39 (2) An adult high school. |
---|
2309 | | - | 40 (d) Beginning in calendar year 2028, and each year thereafter, |
---|
2310 | | - | 41 and subject to subsection (i), when the county auditor distributes |
---|
2311 | | - | 42 property taxes to taxing units, the county auditor shall distribute |
---|
2312 | | - | SB 518—LS 7334/DI 125 54 |
---|
2313 | | - | 1 an amount of the revenue collected from a tax levy imposed by a |
---|
2314 | | - | 2 school corporation under this chapter to each charter school as |
---|
2315 | | - | 3 identified for the school corporation in STEP ONE of section 12(a) |
---|
2316 | | - | 4 of this chapter. Subject to subsections (e), (f), and (g), the county |
---|
2317 | | - | 5 auditor shall distribute to each eligible charter school the amount |
---|
2318 | | - | 6 determined in the applicable STEP of the following STEPS: |
---|
2319 | | - | 7 STEP ONE: Determine the amount collected in the most |
---|
2320 | | - | 8 recent installment period by the school corporation from the |
---|
2321 | | - | 9 school corporation's operations fund levy imposed under this |
---|
2322 | | - | 10 chapter. |
---|
2323 | | - | 11 STEP TWO: Determine: |
---|
2324 | | - | 12 (A) the STEP ONE result; minus |
---|
2325 | | - | 13 (B) the amount needed to make payments due for bonds, |
---|
2326 | | - | 14 leases, and other forms of indebtedness that were incurred |
---|
2327 | | - | 15 before January 1, 2027, and are payable from property |
---|
2328 | | - | 16 taxes collected from a levy imposed under this chapter. |
---|
2329 | | - | 17 STEP THREE: To determine the distribution for each eligible |
---|
2330 | | - | 18 charter school identified for the school corporation in STEP |
---|
2331 | | - | 19 ONE of section 12(a) of this chapter, multiply: |
---|
2332 | | - | 20 (A) the STEP TWO result; by |
---|
2333 | | - | 21 (B) the levy share quotient determined for the charter |
---|
2334 | | - | 22 school under STEP FOUR of section 12(a) of this chapter. |
---|
2335 | | - | 23 (e) This subsection applies to a school corporation for which less |
---|
2336 | | - | 24 than five hundred (500) students who have legal settlement in the |
---|
2337 | | - | 25 school corporation attend a charter school and only to |
---|
2338 | | - | 26 distributions under subsection (d) in calendar years 2028 and 2029 |
---|
2339 | | - | 27 to an eligible charter school. Instead of the amount determined |
---|
2340 | | - | 28 under subsection (d) for a distribution to a particular eligible |
---|
2341 | | - | 29 charter school from the revenue collected from the tax levy |
---|
2342 | | - | 30 imposed under this chapter by a particular school corporation, the |
---|
2343 | | - | 31 county auditor shall make distributions according to the following: |
---|
2344 | | - | 32 (1) For a distribution in 2028, the county auditor shall |
---|
2345 | | - | 33 distribute an amount for a particular eligible charter school |
---|
2346 | | - | 34 equal to: |
---|
2347 | | - | 35 (A) the result of STEP THREE of subsection (d) for the |
---|
2348 | | - | 36 eligible charter school; multiplied by |
---|
2349 | | - | 37 (B) thirty-three hundredths (0.33). |
---|
2350 | | - | 38 (2) For a distribution in 2029, the county auditor shall |
---|
2351 | | - | 39 distribute an amount for a particular eligible charter school |
---|
2352 | | - | 40 equal to: |
---|
2353 | | - | 41 (A) the result of STEP THREE of subsection (d) for the |
---|
2354 | | - | 42 eligible charter school; multiplied by |
---|
2355 | | - | SB 518—LS 7334/DI 125 55 |
---|
2356 | | - | 1 (B) sixty-six hundredths (0.66). |
---|
2357 | | - | 2 This subsection expires July 1, 2030. |
---|
2358 | | - | 3 (f) In the case of a school corporation for which at least five |
---|
2359 | | - | 4 hundred (500) students but less than five thousand (5,000) students |
---|
2360 | | - | 5 who have legal settlement in the school corporation attend a |
---|
2361 | | - | 6 charter school, the county auditor shall make distributions |
---|
2362 | | - | 7 according to the following: |
---|
2363 | | - | 8 (1) For a distribution in 2028, the county auditor shall |
---|
2364 | | - | 9 distribute an amount for a particular eligible charter school |
---|
2365 | | - | 10 equal to: |
---|
2366 | | - | 11 (A) the result of STEP THREE of subsection (d) for the |
---|
2367 | | - | 12 eligible charter school; multiplied by |
---|
2368 | | - | 13 (B) twenty-five hundredths (0.25). |
---|
2369 | | - | 14 (2) For a distribution in 2029, the county auditor shall |
---|
2370 | | - | 15 distribute an amount for a particular eligible charter school |
---|
2371 | | - | 16 equal to: |
---|
2372 | | - | 17 (A) the result of STEP THREE of subsection (d) for the |
---|
2373 | | - | 18 eligible charter school; multiplied by |
---|
2374 | | - | 19 (B) five-tenths (0.5). |
---|
2375 | | - | 20 (3) For a distribution in 2030, the county auditor shall |
---|
2376 | | - | 21 distribute an amount for a particular eligible charter school |
---|
2377 | | - | 22 equal to: |
---|
2378 | | - | 23 (A) the result of STEP THREE of subsection (d) for the |
---|
2379 | | - | 24 eligible charter school; multiplied by |
---|
2380 | | - | 25 (B) seventy-five hundredths (0.75). |
---|
2381 | | - | 26 (4) For a distribution in 2031 and each year thereafter, the |
---|
2382 | | - | 27 county auditor shall distribute an amount for a particular |
---|
2383 | | - | 28 eligible charter school equal to: |
---|
2384 | | - | 29 (A) the result of STEP THREE of subsection (d) for the |
---|
2385 | | - | 30 eligible charter school; multiplied by |
---|
2386 | | - | 31 (B) one (1). |
---|
2387 | | - | 32 (g) In the case of a school corporation for which at least five |
---|
2388 | | - | 33 thousand (5,000) students who have legal settlement in the school |
---|
2389 | | - | 34 corporation attend a charter school, the county auditor shall make |
---|
2390 | | - | 35 distributions according to the following: |
---|
2391 | | - | 36 (1) For a distribution in 2028, the county auditor shall |
---|
2392 | | - | 37 distribute an amount for a particular eligible charter school |
---|
2393 | | - | 38 equal to: |
---|
2394 | | - | 39 (A) the result of STEP THREE of subsection (d) for the |
---|
2395 | | - | 40 eligible charter school; multiplied by |
---|
2396 | | - | 41 (B) two-tenths (0.2). |
---|
2397 | | - | 42 (2) For a distribution in 2029, the county auditor shall |
---|
2398 | | - | SB 518—LS 7334/DI 125 56 |
---|
2399 | | - | 1 distribute an amount for a particular eligible charter school |
---|
2400 | | - | 2 equal to: |
---|
2401 | | - | 3 (A) the result of STEP THREE of subsection (d) for the |
---|
2402 | | - | 4 eligible charter school; multiplied by |
---|
2403 | | - | 5 (B) four-tenths (0.4). |
---|
2404 | | - | 6 (3) For a distribution in 2030, the county auditor shall |
---|
2405 | | - | 7 distribute an amount for a particular eligible charter school |
---|
2406 | | - | 8 equal to: |
---|
2407 | | - | 9 (A) the result of STEP THREE of subsection (d) for the |
---|
2408 | | - | 10 eligible charter school; multiplied by |
---|
2409 | | - | 11 (B) six-tenths (0.6). |
---|
2410 | | - | 12 (4) For a distribution in 2031, the county auditor shall |
---|
| 2129 | + | 1 ONE of section 12(a) of this chapter, multiply: |
---|
| 2130 | + | 2 (A) the STEP TWO result; by |
---|
| 2131 | + | 3 (B) the levy share quotient determined for the charter |
---|
| 2132 | + | 4 school under STEP FOUR of section 12(a) of this chapter. |
---|
| 2133 | + | 5 (e) This subsection applies only to distributions under |
---|
| 2134 | + | 6 subsection (d) in calendar years 2026 and 2027 to an eligible |
---|
| 2135 | + | 7 charter school. Instead of the amount determined under subsection |
---|
| 2136 | + | 8 (d) for a distribution to a particular eligible charter school from |
---|
| 2137 | + | 9 the revenue collected from the tax levy imposed under this chapter |
---|
| 2138 | + | 10 by a particular school corporation, the county auditor shall make |
---|
| 2139 | + | 11 distributions according to the following: |
---|
| 2140 | + | 12 (1) For a distribution in 2026, the county auditor shall |
---|
2421 | | - | 23 (B) one (1). |
---|
2422 | | - | 24 (h) Before October 1, 2027, and before October 1 of each year |
---|
2423 | | - | 25 thereafter, the department shall provide to each school corporation |
---|
2424 | | - | 26 and each eligible charter school an estimate of the amount of |
---|
2425 | | - | 27 property tax levy revenue the school corporation and charter |
---|
2426 | | - | 28 school are expected to receive under this section. |
---|
2427 | | - | 29 (i) In order to receive a distribution under this section, the |
---|
2428 | | - | 30 governing body of an eligible charter school shall, before |
---|
2429 | | - | 31 November 1, 2027, and before November 1 of each year thereafter, |
---|
2430 | | - | 32 adopt a budget for the school year. Not later than ten (10) days |
---|
2431 | | - | 33 before its adoption, the budget must be fixed and presented to the |
---|
2432 | | - | 34 charter board in a public meeting in the county in which the |
---|
2433 | | - | 35 charter school is incorporated. A budget that is adopted under this |
---|
2434 | | - | 36 subsection must be submitted to the charter authorizer for review |
---|
2435 | | - | 37 and to the department of local government finance to be posted |
---|
2436 | | - | 38 publicly on the computer gateway under IC 6-1.1-17-3. |
---|
2437 | | - | 39 (j) Before April 1, 2028, and before April 1 of each year |
---|
2438 | | - | 40 thereafter, the county auditor shall provide each school |
---|
2439 | | - | 41 corporation and each eligible charter school the actual amount of |
---|
2440 | | - | 42 property tax levy revenue the school corporation and charter |
---|
| 2151 | + | 23 (B) sixty-six hundredths (0.66). |
---|
| 2152 | + | 24 This subsection expires July 1, 2028. |
---|
| 2153 | + | 25 (f) Before October 1, 2025, and before October 1 of each year |
---|
| 2154 | + | 26 thereafter, the department shall provide to each school corporation |
---|
| 2155 | + | 27 and each eligible charter school an estimate of the amount of |
---|
| 2156 | + | 28 property tax levy revenue the school corporation and charter |
---|
| 2157 | + | 29 school are expected to receive under this section. |
---|
| 2158 | + | 30 (g) In order to receive a distribution under this section, the |
---|
| 2159 | + | 31 governing body of an eligible charter school shall, before |
---|
| 2160 | + | 32 November 1, 2025, and before November 1 of each year thereafter, |
---|
| 2161 | + | 33 adopt a budget for the school year. Not later than ten (10) days |
---|
| 2162 | + | 34 before its adoption, the budget must be fixed and presented to the |
---|
| 2163 | + | 35 charter board in a public meeting in the county in which the |
---|
| 2164 | + | 36 charter school is incorporated. A budget that is adopted under this |
---|
| 2165 | + | 37 subsection must be submitted to the charter authorizer for review |
---|
| 2166 | + | 38 and to the department of local government finance to be posted |
---|
| 2167 | + | 39 publicly on the computer gateway under IC 6-1.1-17-3. |
---|
| 2168 | + | 40 (h) Before April 1, 2026, and before April 1 of each year |
---|
| 2169 | + | 41 thereafter, the county auditor shall provide each school |
---|
| 2170 | + | 42 corporation and each eligible charter school the actual amount of |
---|
| 2171 | + | SB 518—LS 7334/DI 125 51 |
---|
| 2172 | + | 1 property tax levy revenue the school corporation and charter |
---|
| 2173 | + | 2 school are expected to receive under this section. |
---|
| 2174 | + | 3 SECTION 27. IC 20-46-9-6, AS AMENDED BY P.L.162-2024, |
---|
| 2175 | + | 4 SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30, |
---|
| 2176 | + | 5 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL |
---|
| 2177 | + | 6 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND |
---|
| 2178 | + | 7 AMENDED TO READ AS FOLLOWS [EFFECTIVE MAY 10, 2025 |
---|
| 2179 | + | 8 (RETROACTIVE)]: Sec. 6. (a) Subject to this chapter, the governing |
---|
| 2180 | + | 9 body of a school corporation may adopt a resolution to place a |
---|
| 2181 | + | 10 referendum under this chapter on the ballot if the governing body of the |
---|
| 2182 | + | 11 school corporation determines that a referendum levy should be |
---|
| 2183 | + | 12 imposed for measures to improve school safety as described in |
---|
| 2184 | + | 13 IC 20-40-20-6(a) or IC 20-40-20-6(b). |
---|
| 2185 | + | 14 (b) Except as provided in section 22 of this chapter, a school |
---|
| 2186 | + | 15 corporation may, with the approval of the majority of members of the |
---|
| 2187 | + | 16 governing body, distribute a portion of the proceeds of a tax levy |
---|
| 2188 | + | 17 collected under this chapter that is deposited in the fund to a charter |
---|
| 2189 | + | 18 school, excluding a virtual charter school, that is located within the |
---|
| 2190 | + | 19 attendance area of the school corporation, to be used by the charter |
---|
| 2191 | + | 20 school for the purposes described in IC 20-40-20-6(a). |
---|
| 2192 | + | 21 (c) (b) This subsection applies to a resolution described in |
---|
| 2193 | + | 22 subsection (a) section 22 of this chapter that is adopted after May 10, |
---|
| 2194 | + | 23 2023. in a county described in section 22(a) of this chapter. A |
---|
| 2195 | + | 24 resolution shall specify that a portion of the proceeds of the proposed |
---|
| 2196 | + | 25 levy will be distributed to applicable charter schools in the manner |
---|
| 2197 | + | 26 described under section 22 of this chapter if unless the charter school |
---|
| 2198 | + | 27 voluntarily elects to not participate in the referendum in the manner |
---|
| 2199 | + | 28 described in subsection (i). (g). |
---|
| 2200 | + | 29 (d) (c) This subsection applies to a resolution described in |
---|
| 2201 | + | 30 subsection (a) section 22 of this chapter that is adopted after May 10, |
---|
| 2202 | + | 31 2023. in a county described in section 22(a) of this chapter. The |
---|
| 2203 | + | 32 resolution described in subsection (a) shall include a projection of the |
---|
| 2204 | + | 33 amount that the school corporation expects to be distributed to a |
---|
| 2205 | + | 34 particular charter school, excluding virtual charter schools or adult high |
---|
| 2206 | + | 35 schools, under section 22 of this chapter that unless the charter school |
---|
| 2207 | + | 36 elects to not participate in the referendum under subsection (i). (g). At |
---|
| 2208 | + | 37 least sixty (60) days before the resolution described in subsection (a) |
---|
| 2209 | + | 38 is voted on by the governing body, the school corporation shall contact |
---|
| 2210 | + | 39 the department to determine the number of students in kindergarten |
---|
| 2211 | + | 40 through grade 12: |
---|
| 2212 | + | 41 (1) who have legal settlement in the school corporation but attend |
---|
| 2213 | + | 42 a charter school, excluding virtual charter schools or adult high |
---|
| 2214 | + | SB 518—LS 7334/DI 125 52 |
---|
| 2215 | + | 1 schools; and |
---|
| 2216 | + | 2 (2) who receive not more than fifty percent (50%) virtual |
---|
| 2217 | + | 3 instruction. |
---|
| 2218 | + | 4 Not later than fifty (50) days before the resolution is voted on by |
---|
| 2219 | + | 5 the governing body, the department shall provide the school |
---|
| 2220 | + | 6 corporation with the number of students with legal settlement in the |
---|
| 2221 | + | 7 school corporation who attend a charter school, excluding a virtual |
---|
| 2222 | + | 8 charter school or adult high school, and who receive not more than |
---|
| 2223 | + | 9 fifty percent (50%) virtual instruction, which shall be disaggregated |
---|
| 2224 | + | 10 for each particular charter school. excluding a virtual charter school or |
---|
| 2225 | + | 11 adult high school. The projection may include an expected increase in |
---|
| 2226 | + | 12 charter schools during the term the levy is imposed. The department of |
---|
| 2227 | + | 13 local government finance shall prescribe the manner in which the |
---|
| 2228 | + | 14 projection shall be calculated. The governing body shall take into |
---|
| 2229 | + | 15 consideration the projection when adopting the revenue spending plan |
---|
| 2230 | + | 16 under subsection (g). (e). |
---|
| 2231 | + | 17 (e) (d) The governing body of the school corporation shall certify a |
---|
| 2232 | + | 18 copy of the resolution to the following: |
---|
| 2233 | + | 19 (1) The department of local government finance, including: |
---|
| 2234 | + | 20 (A) the language for the question required by section 9 of this |
---|
| 2235 | + | 21 chapter, or in the case of a resolution to extend a referendum |
---|
| 2236 | + | 22 levy certified to the department of local government finance, |
---|
| 2237 | + | 23 section 10 of this chapter; and |
---|
| 2238 | + | 24 (B) a copy of the revenue spending plan adopted under |
---|
| 2239 | + | 25 subsection (g). (e). |
---|
| 2240 | + | 26 The language of the public question must include the estimated |
---|
| 2241 | + | 27 average percentage increases certified by the county auditor under |
---|
| 2242 | + | 28 section 9(d) or 10(f) of this chapter, as applicable. The governing |
---|
| 2243 | + | 29 body of the school corporation shall also provide the county |
---|
| 2244 | + | 30 auditor's certification described in section 9(d) or 10(f) of this |
---|
| 2245 | + | 31 chapter, as applicable. The department of local government |
---|
| 2246 | + | 32 finance shall post the values certified by the county auditor to the |
---|
| 2247 | + | 33 department's website. The department shall review the language |
---|
| 2248 | + | 34 for compliance with section 9 or 10 of this chapter, whichever is |
---|
| 2249 | + | 35 applicable, and either approve or reject the language. The |
---|
| 2250 | + | 36 department shall send its decision to the governing body of the |
---|
| 2251 | + | 37 school corporation not more than ten (10) days after both the |
---|
| 2252 | + | 38 certification of the county auditor described in section 9(d) or |
---|
| 2253 | + | 39 10(f) of this chapter, as applicable, and the resolution is are |
---|
| 2254 | + | 40 submitted to the department. If the language is approved, the |
---|
| 2255 | + | 41 governing body of the school corporation shall certify a copy of |
---|
| 2256 | + | 42 the resolution, including the language for the question and the |
---|
| 2257 | + | SB 518—LS 7334/DI 125 53 |
---|
| 2258 | + | 1 department's approval. |
---|
| 2259 | + | 2 (2) The county fiscal body of each county in which the school |
---|
| 2260 | + | 3 corporation is located (for informational purposes only). |
---|
| 2261 | + | 4 (3) The circuit court clerk of each county in which the school |
---|
| 2262 | + | 5 corporation is located. |
---|
| 2263 | + | 6 (f) Except as provided in section 22 of this chapter, the resolution |
---|
| 2264 | + | 7 described in subsection (a) must indicate whether proceeds in the |
---|
| 2265 | + | 8 school corporation's fund collected from a tax levy under this chapter |
---|
| 2266 | + | 9 will be used to provide a distribution to a charter school or charter |
---|
| 2267 | + | 10 schools, excluding a virtual charter school, under IC 20-40-20-6(b) as |
---|
| 2268 | + | 11 well as the amount that will be distributed to the particular charter |
---|
| 2269 | + | 12 school or charter schools. A school corporation may request from the |
---|
| 2270 | + | 13 designated charter school or charter schools any financial |
---|
| 2271 | + | 14 documentation necessary to demonstrate the financial need of the |
---|
| 2272 | + | 15 charter school or charter schools. |
---|
| 2273 | + | 16 (g) (e) As part of the resolution described in subsection (a), the |
---|
| 2274 | + | 17 governing body of the school corporation shall adopt a revenue |
---|
| 2275 | + | 18 spending plan for the proposed referendum tax levy that includes: |
---|
| 2276 | + | 19 (1) an estimate of the amount of annual revenue expected to be |
---|
| 2277 | + | 20 collected if a levy is imposed under this chapter; |
---|
| 2278 | + | 21 (2) the specific purposes described in IC 20-40-20-6 for which the |
---|
| 2279 | + | 22 revenue collected from a levy imposed under this chapter will be |
---|
| 2280 | + | 23 used; |
---|
| 2281 | + | 24 (3) an estimate of the annual dollar amounts that will be expended |
---|
| 2282 | + | 25 for each purpose described in subdivision (2); and |
---|
| 2283 | + | 26 (4) for a resolution for a referendum that is adopted after May 10, |
---|
| 2284 | + | 27 2023, for a county as described in section 22(a) 22 of this chapter, |
---|
| 2285 | + | 28 the projected revenue that shall be distributed to charter schools |
---|
| 2286 | + | 29 as provided in subsection (d). (c). The revenue spending plan |
---|
| 2287 | + | 30 shall also take into consideration deviations in the proposed |
---|
| 2288 | + | 31 revenue spending plan if the actual charter school distributions |
---|
| 2289 | + | 32 exceed or are lower than the projected charter school distributions |
---|
| 2290 | + | 33 described in subsection (d). (c). The resolution shall include for |
---|
| 2291 | + | 34 each charter school that elects to participate under subsection (i) |
---|
| 2292 | + | 35 (g) information described in subdivisions (1) through (3). |
---|
| 2293 | + | 36 (h) (f) A school corporation shall specify in its proposed budget the |
---|
| 2294 | + | 37 school corporation's revenue spending plan adopted under subsection |
---|
| 2295 | + | 38 (g) (e) and annually present the revenue spending plan at its public |
---|
| 2296 | + | 39 hearing on the proposed budget under IC 6-1.1-17-3. |
---|
| 2297 | + | 40 (i) (g) This subsection applies to a resolution described in |
---|
| 2298 | + | 41 subsection (a) for a county described in section 22(a) section 22 of this |
---|
| 2299 | + | 42 chapter that is adopted after May 10, 2023. At least forty-five (45) days |
---|
| 2300 | + | SB 518—LS 7334/DI 125 54 |
---|
| 2301 | + | 1 before the resolution described in subsection (a) is voted on by the |
---|
| 2302 | + | 2 governing body, the school corporation shall contact each charter |
---|
| 2303 | + | 3 school, excluding virtual charter schools or adult high schools, |
---|
| 2304 | + | 4 disclosed by the department to the school corporation under subsection |
---|
| 2305 | + | 5 (f) (c) to determine whether the charter school will elect to not |
---|
| 2306 | + | 6 participate in the referendum. The notice must include the total amount |
---|
| 2307 | + | 7 of the school corporation's expected need, the corresponding estimate |
---|
| 2308 | + | 8 of that amount divided by the number of students enrolled in the school |
---|
| 2309 | + | 9 corporation, and the date on which the governing body of the school |
---|
| 2310 | + | 10 corporation will vote on the resolution. The charter school must |
---|
| 2311 | + | 11 respond in writing to the school corporation, which may be by |
---|
| 2312 | + | 12 electronic mail addressed to the superintendent of the school |
---|
| 2313 | + | 13 corporation, at least fifteen (15) thirty (30) days prior to the date that |
---|
| 2314 | + | 14 the resolution described in subsection (a) is to be voted on by the |
---|
| 2315 | + | 15 governing body. If the charter school elects to not participate in the |
---|
| 2316 | + | 16 referendum, the school corporation may exclude distributions to the |
---|
| 2317 | + | 17 charter school under section 22 of this chapter and from the projection |
---|
| 2318 | + | 18 described in subsection (d). (c). If the A charter school that elects to |
---|
| 2319 | + | 19 will participate in the referendum the charter school may receive |
---|
| 2320 | + | 20 distributions under section 22 of this chapter and must be included in |
---|
| 2321 | + | 21 the projection described in subsection (d). (c). In addition, a charter |
---|
| 2322 | + | 22 school that elects to will participate in the referendum under this |
---|
| 2323 | + | 23 subsection shall contribute a proportionate share of the cost to conduct |
---|
| 2324 | + | 24 the referendum based on the total combined ADM of the school |
---|
| 2325 | + | 25 corporation and any participating charter schools. |
---|
| 2326 | + | 26 (j) (h) This subsection applies to a resolution described in |
---|
| 2327 | + | 27 subsection (a) for a county described in section 22(a) section 22 of this |
---|
| 2328 | + | 28 chapter that is adopted after May 10, 2023. At least thirty (30) days |
---|
| 2329 | + | 29 before the resolution described in subsection (a) referendum submitted |
---|
| 2330 | + | 30 to the voters under this chapter is voted on by the governing body, |
---|
| 2331 | + | 31 public in a primary or general election, the school corporation that is |
---|
| 2332 | + | 32 pursuing the resolution referendum and any charter school that has |
---|
| 2333 | + | 33 elected to will participate under subsection (i) (g) shall post a |
---|
| 2334 | + | 34 referendum disclosure statement on each school's respective website |
---|
| 2335 | + | 35 that contains the following information: |
---|
| 2336 | + | 36 (1) The salaries of all employees employed by position within the |
---|
| 2337 | + | 37 school corporation or charter school listed from highest salary to |
---|
| 2338 | + | 38 lowest salary and a link to Gateway Indiana for access to |
---|
| 2339 | + | 39 individual salaries. |
---|
| 2340 | + | 40 (2) An acknowledgment that the school corporation or charter |
---|
| 2341 | + | 41 school is not committing any crime described in IC 35-44.1-1. |
---|
| 2342 | + | 42 (3) A link to the school corporation's or charter school's most |
---|
| 2343 | + | SB 518—LS 7334/DI 125 55 |
---|
| 2344 | + | 1 recent state board of accounts audit on the state board of accounts' |
---|
| 2345 | + | 2 website. |
---|
| 2346 | + | 3 (4) The current enrollment of the school corporation or charter |
---|
| 2347 | + | 4 school disaggregated by student group and race. |
---|
| 2348 | + | 5 (5) The school corporation's or charter school's high school |
---|
| 2349 | + | 6 graduation rate. |
---|
| 2350 | + | 7 (6) The school corporation's or charter school's annual retention |
---|
| 2351 | + | 8 rate for teachers for the previous five (5) years. |
---|
| 2352 | + | 9 (i) Not later than May 20, 2025, the department of local |
---|
| 2353 | + | 10 government finance shall prescribe the manner in which a |
---|
| 2354 | + | 11 projection described in subsection (c) shall be calculated. |
---|
| 2355 | + | 12 SECTION 28. IC 20-46-9-7, AS AMENDED BY P.L.189-2023, |
---|
| 2356 | + | 13 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 2357 | + | 14 MAY 10, 2025 (RETROACTIVE)]: Sec. 7. (a) A resolution to extend |
---|
| 2358 | + | 15 a referendum levy must be: |
---|
| 2359 | + | 16 (1) adopted by the governing body of a school corporation; and |
---|
| 2360 | + | 17 (2) approved in a referendum under this chapter; |
---|
| 2361 | + | 18 before December 31 of the final calendar year in which the school |
---|
| 2362 | + | 19 corporation's previously approved referendum levy is imposed under |
---|
| 2363 | + | 20 this chapter. |
---|
| 2364 | + | 21 (b) For a resolution adopted under this section: |
---|
| 2365 | + | 22 (1) after May 10, 2023, and before May 11, 2025, for a county |
---|
| 2366 | + | 23 described in section 22(a) of this chapter; and |
---|
| 2367 | + | 24 (2) after May 10, 2025, for all counties, as described in section |
---|
| 2368 | + | 25 22(b) of this chapter; |
---|
| 2369 | + | 26 the resolution must include the projected charter school distributions |
---|
| 2370 | + | 27 described in section 6(d) 6(c) of this chapter and indicate the |
---|
| 2371 | + | 28 distributions to applicable charter schools in accordance with section |
---|
| 2372 | + | 29 22 of this chapter. |
---|
| 2373 | + | 30 SECTION 29. IC 20-46-9-22, AS ADDED BY P.L.189-2023, |
---|
| 2374 | + | 31 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 2375 | + | 32 MAY 10, 2025 (RETROACTIVE)]: Sec. 22. (a) This section applies |
---|
| 2376 | + | 33 to revenue received from a resolution that is approved by the governing |
---|
| 2377 | + | 34 body to impose a referendum levy under section 6 or 7 of this chapter |
---|
| 2378 | + | 35 after May 10, 2023, and before May 11, 2025, for a school corporation |
---|
| 2379 | + | 36 located in: |
---|
| 2380 | + | 37 (1) Lake County; |
---|
| 2381 | + | 38 (2) Marion County; |
---|
| 2382 | + | 39 (3) St. Joseph County; or |
---|
| 2383 | + | 40 (4) Vanderburgh County. |
---|
| 2384 | + | 41 (b) This section applies to revenue received from a resolution |
---|
| 2385 | + | 42 that is approved by the governing body after May 10, 2025, to |
---|
| 2386 | + | SB 518—LS 7334/DI 125 56 |
---|
| 2387 | + | 1 impose a referendum levy under section 6 or 7 of this chapter for |
---|
| 2388 | + | 2 a school corporation. However, this section does not apply to a |
---|
| 2389 | + | 3 school corporation for which less than one hundred (100) students |
---|
| 2390 | + | 4 who have legal settlement in the school corporation attend a |
---|
| 2391 | + | 5 charter school. |
---|
| 2392 | + | 6 (b) (c) The county auditor shall distribute an amount under |
---|
| 2393 | + | 7 subsection (d) (e) to each charter school, excluding virtual charter |
---|
| 2394 | + | 8 schools or adult high schools, that a student who resides within the |
---|
| 2395 | + | 9 attendance area of the school corporation attends if unless the charter |
---|
| 2396 | + | 10 school, excluding virtual charter schools or adult high schools, elects |
---|
| 2397 | + | 11 to not participate in the referendum under section 6(i) 6(g) of this |
---|
| 2398 | + | 12 chapter. The department shall provide the county auditor with data and |
---|
| 2399 | + | 13 information necessary for the county auditor to determine: |
---|
| 2400 | + | 14 (1) which charter schools, excluding virtual charter schools or |
---|
| 2401 | + | 15 adult high schools, are eligible to receive a distribution under this |
---|
| 2402 | + | 16 section; and |
---|
| 2403 | + | 17 (2) the number of all students who: |
---|
| 2404 | + | 18 (A) reside within the attendance area of the school corporation |
---|
| 2405 | + | 19 who are included in the ADM for each charter school, |
---|
| 2406 | + | 20 excluding virtual charter schools or adult high schools, |
---|
| 2407 | + | 21 described in subdivision (1); and |
---|
| 2408 | + | 22 (B) receive not more than fifty percent (50%) virtual |
---|
| 2409 | + | 23 instruction. |
---|
| 2410 | + | 24 (c) (d) The following schools are not eligible to receive a |
---|
| 2411 | + | 25 distribution under this section: |
---|
| 2412 | + | 26 (1) A virtual charter school. |
---|
| 2413 | + | 27 (2) An adult high school. |
---|
| 2414 | + | 28 (d) (e) This subsection applies only for distributions of revenue |
---|
| 2415 | + | 29 received from a resolution that is approved by the governing body |
---|
| 2416 | + | 30 after May 10, 2023, and before May 11, 2025, to impose a |
---|
| 2417 | + | 31 referendum levy under section 6 or 7 of this chapter for a school |
---|
| 2418 | + | 32 corporation described in subsection (a). For the purposes of the |
---|
| 2419 | + | 33 calculations made in this subsection, each eligible school that has |
---|
| 2420 | + | 34 entered into an agreement with a school corporation to participate as a |
---|
| 2421 | + | 35 participating innovation network charter school under IC 20-25.7-5 is |
---|
| 2422 | + | 36 considered to have an ADM that is separate from the school |
---|
| 2423 | + | 37 corporation. The amount that the county auditor shall distribute to a |
---|
| 2424 | + | 38 charter school, excluding virtual charter schools or adult high schools, |
---|
| 2425 | + | 39 under this section is the amount determined in the last STEP of the |
---|
| 2426 | + | 40 following STEPS: |
---|
| 2427 | + | 41 STEP ONE: Determine, for each charter school, excluding virtual |
---|
| 2428 | + | 42 charter schools or adult high schools, that is eligible to receive a |
---|
2442 | | - | 1 school are expected to receive under this section. |
---|
2443 | | - | 2 SECTION 30. IC 20-46-9-6, AS AMENDED BY P.L.162-2024, |
---|
2444 | | - | 3 SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30, |
---|
2445 | | - | 4 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL |
---|
2446 | | - | 5 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND |
---|
2447 | | - | 6 AMENDED TO READ AS FOLLOWS [EFFECTIVE MAY 10, 2025 |
---|
2448 | | - | 7 (RETROACTIVE)]: Sec. 6. (a) Subject to this chapter, the governing |
---|
2449 | | - | 8 body of a school corporation may adopt a resolution to place a |
---|
2450 | | - | 9 referendum under this chapter on the ballot if the governing body of the |
---|
2451 | | - | 10 school corporation determines that a referendum levy should be |
---|
2452 | | - | 11 imposed for measures to improve school safety as described in |
---|
2453 | | - | 12 IC 20-40-20-6(a) or IC 20-40-20-6(b). |
---|
2454 | | - | 13 (b) Except as provided in section 22 of this chapter, a school |
---|
2455 | | - | 14 corporation may, with the approval of the majority of members of the |
---|
2456 | | - | 15 governing body, distribute a portion of the proceeds of a tax levy |
---|
2457 | | - | 16 collected under this chapter that is deposited in the fund to a charter |
---|
2458 | | - | 17 school, excluding a virtual charter school, that is located within the |
---|
2459 | | - | 18 attendance area of the school corporation, to be used by the charter |
---|
2460 | | - | 19 school for the purposes described in IC 20-40-20-6(a). |
---|
2461 | | - | 20 (c) (b) This subsection applies to a resolution described in |
---|
2462 | | - | 21 subsection (a) section 22 of this chapter that is adopted after May 10, |
---|
2463 | | - | 22 2023. in a county described in section 22(a) of this chapter. A |
---|
2464 | | - | 23 resolution shall specify that a portion of the proceeds of the proposed |
---|
2465 | | - | 24 levy will be distributed to applicable charter schools in the manner |
---|
2466 | | - | 25 described under section 22 of this chapter if unless the charter school |
---|
2467 | | - | 26 voluntarily elects to not participate in the referendum in the manner |
---|
2468 | | - | 27 described in subsection (i). (g). |
---|
2469 | | - | 28 (d) (c) This subsection applies to a resolution described in |
---|
2470 | | - | 29 subsection (a) section 22 of this chapter that is adopted after May 10, |
---|
2471 | | - | 30 2023. in a county described in section 22(a) of this chapter. The |
---|
2472 | | - | 31 resolution described in subsection (a) shall include a projection of the |
---|
2473 | | - | 32 amount that the school corporation expects to be distributed to a |
---|
2474 | | - | 33 particular charter school, excluding virtual charter schools or adult high |
---|
2475 | | - | 34 schools, under section 22 of this chapter that unless the charter school |
---|
2476 | | - | 35 elects to not participate in the referendum under subsection (i). (g). At |
---|
2477 | | - | 36 least sixty (60) days before the resolution described in subsection (a) |
---|
2478 | | - | 37 is voted on by the governing body, the school corporation shall contact |
---|
2479 | | - | 38 the department to determine the number of students in kindergarten |
---|
2480 | | - | 39 through grade 12: |
---|
2481 | | - | 40 (1) who have legal settlement in the school corporation but attend |
---|
2482 | | - | 41 a charter school, excluding virtual charter schools or adult high |
---|
2483 | | - | 42 schools; and |
---|
2484 | | - | SB 518—LS 7334/DI 125 58 |
---|
2485 | | - | 1 (2) who receive not more than fifty percent (50%) virtual |
---|
2486 | | - | 2 instruction. |
---|
2487 | | - | 3 Not later than fifty (50) days before the resolution is voted on by |
---|
2488 | | - | 4 the governing body, the department shall provide the school |
---|
2489 | | - | 5 corporation with the number of students with legal settlement in the |
---|
2490 | | - | 6 school corporation who attend a charter school, excluding a virtual |
---|
2491 | | - | 7 charter school or adult high school, and who receive not more than |
---|
2492 | | - | 8 fifty percent (50%) virtual instruction, which shall be disaggregated |
---|
2493 | | - | 9 for each particular charter school. excluding a virtual charter school or |
---|
2494 | | - | 10 adult high school. The projection may include an expected increase in |
---|
2495 | | - | 11 charter schools during the term the levy is imposed. The department of |
---|
2496 | | - | 12 local government finance shall prescribe the manner in which the |
---|
2497 | | - | 13 projection shall be calculated. The governing body shall take into |
---|
2498 | | - | 14 consideration the projection when adopting the revenue spending plan |
---|
2499 | | - | 15 under subsection (g). (e). |
---|
2500 | | - | 16 (e) (d) The governing body of the school corporation shall certify a |
---|
2501 | | - | 17 copy of the resolution to the following: |
---|
2502 | | - | 18 (1) The department of local government finance, including: |
---|
2503 | | - | 19 (A) the language for the question required by section 9 of this |
---|
2504 | | - | 20 chapter, or in the case of a resolution to extend a referendum |
---|
2505 | | - | 21 levy certified to the department of local government finance, |
---|
2506 | | - | 22 section 10 of this chapter; and |
---|
2507 | | - | 23 (B) a copy of the revenue spending plan adopted under |
---|
2508 | | - | 24 subsection (g). (e). |
---|
2509 | | - | 25 The language of the public question must include the estimated |
---|
2510 | | - | 26 average percentage increases certified by the county auditor under |
---|
2511 | | - | 27 section 9(d) or 10(f) of this chapter, as applicable. The governing |
---|
2512 | | - | 28 body of the school corporation shall also provide the county |
---|
2513 | | - | 29 auditor's certification described in section 9(d) or 10(f) of this |
---|
2514 | | - | 30 chapter, as applicable. The department of local government |
---|
2515 | | - | 31 finance shall post the values certified by the county auditor to the |
---|
2516 | | - | 32 department's website. The department shall review the language |
---|
2517 | | - | 33 for compliance with section 9 or 10 of this chapter, whichever is |
---|
2518 | | - | 34 applicable, and either approve or reject the language. The |
---|
2519 | | - | 35 department shall send its decision to the governing body of the |
---|
2520 | | - | 36 school corporation not more than ten (10) days after both the |
---|
2521 | | - | 37 certification of the county auditor described in section 9(d) or |
---|
2522 | | - | 38 10(f) of this chapter, as applicable, and the resolution is are |
---|
2523 | | - | 39 submitted to the department. If the language is approved, the |
---|
2524 | | - | 40 governing body of the school corporation shall certify a copy of |
---|
2525 | | - | 41 the resolution, including the language for the question and the |
---|
2526 | | - | 42 department's approval. |
---|
2527 | | - | SB 518—LS 7334/DI 125 59 |
---|
2528 | | - | 1 (2) The county fiscal body of each county in which the school |
---|
2529 | | - | 2 corporation is located (for informational purposes only). |
---|
2530 | | - | 3 (3) The circuit court clerk of each county in which the school |
---|
2531 | | - | 4 corporation is located. |
---|
2532 | | - | 5 (f) Except as provided in section 22 of this chapter, the resolution |
---|
2533 | | - | 6 described in subsection (a) must indicate whether proceeds in the |
---|
2534 | | - | 7 school corporation's fund collected from a tax levy under this chapter |
---|
2535 | | - | 8 will be used to provide a distribution to a charter school or charter |
---|
2536 | | - | 9 schools, excluding a virtual charter school, under IC 20-40-20-6(b) as |
---|
2537 | | - | 10 well as the amount that will be distributed to the particular charter |
---|
2538 | | - | 11 school or charter schools. A school corporation may request from the |
---|
2539 | | - | 12 designated charter school or charter schools any financial |
---|
2540 | | - | 13 documentation necessary to demonstrate the financial need of the |
---|
2541 | | - | 14 charter school or charter schools. |
---|
2542 | | - | 15 (g) (e) As part of the resolution described in subsection (a), the |
---|
2543 | | - | 16 governing body of the school corporation shall adopt a revenue |
---|
2544 | | - | 17 spending plan for the proposed referendum tax levy that includes: |
---|
2545 | | - | 18 (1) an estimate of the amount of annual revenue expected to be |
---|
2546 | | - | 19 collected if a levy is imposed under this chapter; |
---|
2547 | | - | 20 (2) the specific purposes described in IC 20-40-20-6 for which the |
---|
2548 | | - | 21 revenue collected from a levy imposed under this chapter will be |
---|
2549 | | - | 22 used; |
---|
2550 | | - | 23 (3) an estimate of the annual dollar amounts that will be expended |
---|
2551 | | - | 24 for each purpose described in subdivision (2); and |
---|
2552 | | - | 25 (4) for a resolution for a referendum that is adopted after May 10, |
---|
2553 | | - | 26 2023, for a county as described in section 22(a) 22 of this chapter, |
---|
2554 | | - | 27 the projected revenue that shall be distributed to charter schools |
---|
2555 | | - | 28 as provided in subsection (d). (c). The revenue spending plan |
---|
2556 | | - | 29 shall also take into consideration deviations in the proposed |
---|
2557 | | - | 30 revenue spending plan if the actual charter school distributions |
---|
2558 | | - | 31 exceed or are lower than the projected charter school distributions |
---|
2559 | | - | 32 described in subsection (d). (c). The resolution shall include for |
---|
2560 | | - | 33 each charter school that elects to participate under subsection (i) |
---|
2561 | | - | 34 (g) information described in subdivisions (1) through (3). |
---|
2562 | | - | 35 (h) (f) A school corporation shall specify in its proposed budget the |
---|
2563 | | - | 36 school corporation's revenue spending plan adopted under subsection |
---|
2564 | | - | 37 (g) (e) and annually present the revenue spending plan at its public |
---|
2565 | | - | 38 hearing on the proposed budget under IC 6-1.1-17-3. |
---|
2566 | | - | 39 (i) (g) This subsection applies to a resolution described in |
---|
2567 | | - | 40 subsection (a) for a county described in section 22(a) section 22 of this |
---|
2568 | | - | 41 chapter that is adopted after May 10, 2023. At least forty-five (45) days |
---|
2569 | | - | 42 before the resolution described in subsection (a) is voted on by the |
---|
2570 | | - | SB 518—LS 7334/DI 125 60 |
---|
2571 | | - | 1 governing body, the school corporation shall contact each charter |
---|
2572 | | - | 2 school, excluding virtual charter schools or adult high schools, |
---|
2573 | | - | 3 disclosed by the department to the school corporation under subsection |
---|
2574 | | - | 4 (f) (c) to determine whether the charter school will elect to not |
---|
2575 | | - | 5 participate in the referendum. The notice must include the total amount |
---|
2576 | | - | 6 of the school corporation's expected need, the corresponding estimate |
---|
2577 | | - | 7 of that amount divided by the number of students enrolled in the school |
---|
2578 | | - | 8 corporation, and the date on which the governing body of the school |
---|
2579 | | - | 9 corporation will vote on the resolution. The charter school must |
---|
2580 | | - | 10 respond in writing to the school corporation, which may be by |
---|
2581 | | - | 11 electronic mail addressed to the superintendent of the school |
---|
2582 | | - | 12 corporation, at least fifteen (15) thirty (30) days prior to the date that |
---|
2583 | | - | 13 the resolution described in subsection (a) is to be voted on by the |
---|
2584 | | - | 14 governing body. If the charter school elects to not participate in the |
---|
2585 | | - | 15 referendum, the school corporation may exclude distributions to the |
---|
2586 | | - | 16 charter school under section 22 of this chapter and from the projection |
---|
2587 | | - | 17 described in subsection (d). (c). If the A charter school that elects to |
---|
2588 | | - | 18 will participate in the referendum the charter school may receive |
---|
2589 | | - | 19 distributions under section 22 of this chapter and must be included in |
---|
2590 | | - | 20 the projection described in subsection (d). (c). In addition, a charter |
---|
2591 | | - | 21 school that elects to will participate in the referendum under this |
---|
2592 | | - | 22 subsection shall contribute a proportionate share of the cost to conduct |
---|
2593 | | - | 23 the referendum based on the total combined ADM of the school |
---|
2594 | | - | 24 corporation and any participating charter schools. |
---|
2595 | | - | 25 (j) (h) This subsection applies to a resolution described in |
---|
2596 | | - | 26 subsection (a) for a county described in section 22(a) section 22 of this |
---|
2597 | | - | 27 chapter that is adopted after May 10, 2023. At least thirty (30) days |
---|
2598 | | - | 28 before the resolution described in subsection (a) referendum submitted |
---|
2599 | | - | 29 to the voters under this chapter is voted on by the governing body, |
---|
2600 | | - | 30 public in a primary or general election, the school corporation that is |
---|
2601 | | - | 31 pursuing the resolution referendum and any charter school that has |
---|
2602 | | - | 32 elected to will participate under subsection (i) (g) shall post a |
---|
2603 | | - | 33 referendum disclosure statement on each school's respective website |
---|
2604 | | - | 34 that contains the following information: |
---|
2605 | | - | 35 (1) The salaries of all employees employed by position within the |
---|
2606 | | - | 36 school corporation or charter school listed from highest salary to |
---|
2607 | | - | 37 lowest salary and a link to Gateway Indiana for access to |
---|
2608 | | - | 38 individual salaries. |
---|
2609 | | - | 39 (2) An acknowledgment that the school corporation or charter |
---|
2610 | | - | 40 school is not committing any crime described in IC 35-44.1-1. |
---|
2611 | | - | 41 (3) A link to the school corporation's or charter school's most |
---|
2612 | | - | 42 recent state board of accounts audit on the state board of accounts' |
---|
2613 | | - | SB 518—LS 7334/DI 125 61 |
---|
2614 | | - | 1 website. |
---|
2615 | | - | 2 (4) The current enrollment of the school corporation or charter |
---|
2616 | | - | 3 school disaggregated by student group and race. |
---|
2617 | | - | 4 (5) The school corporation's or charter school's high school |
---|
2618 | | - | 5 graduation rate. |
---|
2619 | | - | 6 (6) The school corporation's or charter school's annual retention |
---|
2620 | | - | 7 rate for teachers for the previous five (5) years. |
---|
2621 | | - | 8 (i) Not later than May 20, 2025, the department of local |
---|
2622 | | - | 9 government finance shall prescribe the manner in which a |
---|
2623 | | - | 10 projection described in subsection (c) shall be calculated. |
---|
2624 | | - | 11 SECTION 31. IC 20-46-9-7, AS AMENDED BY P.L.189-2023, |
---|
2625 | | - | 12 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2626 | | - | 13 MAY 10, 2025 (RETROACTIVE)]: Sec. 7. (a) A resolution to extend |
---|
2627 | | - | 14 a referendum levy must be: |
---|
2628 | | - | 15 (1) adopted by the governing body of a school corporation; and |
---|
2629 | | - | 16 (2) approved in a referendum under this chapter; |
---|
2630 | | - | 17 before December 31 of the final calendar year in which the school |
---|
2631 | | - | 18 corporation's previously approved referendum levy is imposed under |
---|
2632 | | - | 19 this chapter. |
---|
2633 | | - | 20 (b) For a resolution adopted under this section: |
---|
2634 | | - | 21 (1) after May 10, 2023, and before May 11, 2025, for a county |
---|
2635 | | - | 22 described in section 22(a) of this chapter; and |
---|
2636 | | - | 23 (2) after May 10, 2025, for all counties, as described in section |
---|
2637 | | - | 24 22(b) of this chapter; |
---|
2638 | | - | 25 the resolution must include the projected charter school distributions |
---|
2639 | | - | 26 described in section 6(d) 6(c) of this chapter and indicate the |
---|
2640 | | - | 27 distributions to applicable charter schools in accordance with section |
---|
2641 | | - | 28 22 of this chapter. |
---|
2642 | | - | 29 SECTION 32. IC 20-46-9-22, AS ADDED BY P.L.189-2023, |
---|
2643 | | - | 30 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2644 | | - | 31 MAY 10, 2025 (RETROACTIVE)]: Sec. 22. (a) This section applies |
---|
2645 | | - | 32 to revenue received from a resolution that is approved by the governing |
---|
2646 | | - | 33 body to impose a referendum levy under section 6 or 7 of this chapter |
---|
2647 | | - | 34 after May 10, 2023, and before May 11, 2025, for a school corporation |
---|
2648 | | - | 35 located in: |
---|
2649 | | - | 36 (1) Lake County; |
---|
2650 | | - | 37 (2) Marion County; |
---|
2651 | | - | 38 (3) St. Joseph County; or |
---|
2652 | | - | 39 (4) Vanderburgh County. |
---|
2653 | | - | 40 (b) This section applies to revenue received from a resolution |
---|
2654 | | - | 41 that is approved by the governing body after May 10, 2025, to |
---|
2655 | | - | 42 impose a referendum levy under section 6 or 7 of this chapter for |
---|
2656 | | - | SB 518—LS 7334/DI 125 62 |
---|
2657 | | - | 1 a school corporation. However, this section does not apply to a |
---|
2658 | | - | 2 school corporation for which less than one hundred (100) students |
---|
2659 | | - | 3 who have legal settlement in the school corporation attend a |
---|
2660 | | - | 4 charter school, excluding a virtual charter school. |
---|
2661 | | - | 5 (b) (c) The county auditor shall distribute an amount under |
---|
2662 | | - | 6 subsection (d) (e) to each charter school, excluding virtual charter |
---|
2663 | | - | 7 schools or adult high schools, that a student who resides within the |
---|
2664 | | - | 8 attendance area of the school corporation attends if unless the charter |
---|
2665 | | - | 9 school, excluding virtual charter schools or adult high schools, elects |
---|
2666 | | - | 10 to not participate in the referendum under section 6(i) 6(g) of this |
---|
2667 | | - | 11 chapter. The department shall provide the county auditor with data and |
---|
2668 | | - | 12 information necessary for the county auditor to determine: |
---|
2669 | | - | 13 (1) which charter schools, excluding virtual charter schools or |
---|
2670 | | - | 14 adult high schools, are eligible to receive a distribution under this |
---|
2671 | | - | 15 section; and |
---|
2672 | | - | 16 (2) the number of all students who: |
---|
2673 | | - | 17 (A) reside within the attendance area of the school corporation |
---|
2674 | | - | 18 who are included in the ADM for each charter school, |
---|
2675 | | - | 19 excluding virtual charter schools or adult high schools, |
---|
2676 | | - | 20 described in subdivision (1); and |
---|
2677 | | - | 21 (B) receive not more than fifty percent (50%) virtual |
---|
2678 | | - | 22 instruction. |
---|
2679 | | - | 23 (c) (d) The following schools are not eligible to receive a |
---|
2680 | | - | 24 distribution under this section: |
---|
2681 | | - | 25 (1) A virtual charter school. |
---|
2682 | | - | 26 (2) An adult high school. |
---|
2683 | | - | 27 (d) (e) This subsection applies only for distributions of revenue |
---|
2684 | | - | 28 received from a resolution that is approved by the governing body |
---|
2685 | | - | 29 after May 10, 2023, and before May 11, 2025, to impose a |
---|
2686 | | - | 30 referendum levy under section 6 or 7 of this chapter for a school |
---|
2687 | | - | 31 corporation described in subsection (a). For the purposes of the |
---|
2688 | | - | 32 calculations made in this subsection, each eligible school that has |
---|
2689 | | - | 33 entered into an agreement with a school corporation to participate as a |
---|
2690 | | - | 34 participating innovation network charter school under IC 20-25.7-5 is |
---|
2691 | | - | 35 considered to have an ADM that is separate from the school |
---|
2692 | | - | 36 corporation. The amount that the county auditor shall distribute to a |
---|
2693 | | - | 37 charter school, excluding virtual charter schools or adult high schools, |
---|
2694 | | - | 38 under this section is the amount determined in the last STEP of the |
---|
2695 | | - | 39 following STEPS: |
---|
2696 | | - | 40 STEP ONE: Determine, for each charter school, excluding virtual |
---|
2697 | | - | 41 charter schools or adult high schools, that is eligible to receive a |
---|
2698 | | - | 42 distribution under this section, the number of students who reside |
---|
2699 | | - | SB 518—LS 7334/DI 125 63 |
---|
2700 | | - | 1 within the attendance area of the school corporation who are |
---|
2701 | | - | 2 currently included in the ADM of the charter school. |
---|
2702 | | - | 3 STEP TWO: Determine the sum of: |
---|
2703 | | - | 4 (A) the current ADM count for the school corporation; plus |
---|
2704 | | - | 5 (B) the total number of students who reside within the |
---|
2705 | | - | 6 attendance area of the school corporation who are currently |
---|
2706 | | - | 7 included in the ADM of a charter school, excluding virtual |
---|
2707 | | - | 8 charter schools or adult high schools. |
---|
2708 | | - | 9 STEP THREE: Determine the result of: |
---|
2709 | | - | 10 (A) the STEP ONE amount; divided by |
---|
2710 | | - | 11 (B) the STEP TWO amount. |
---|
2711 | | - | 12 STEP FOUR: Determine the result of: |
---|
2712 | | - | 13 (A) the STEP THREE amount; multiplied by |
---|
2713 | | - | 14 (B) the amount collected by the county auditor during the most |
---|
2714 | | - | 15 recent installment period. |
---|
2715 | | - | 16 (f) This subsection applies only for distributions of revenue |
---|
2716 | | - | 17 received from a resolution that is approved by the governing body |
---|
2717 | | - | 18 after May 10, 2025, to impose a referendum levy under section 6 or |
---|
2718 | | - | 19 7 of this chapter for a school corporation. For the purposes of the |
---|
2719 | | - | 20 calculations made in this subsection, each eligible school that has |
---|
2720 | | - | 21 entered into an agreement with a school corporation to participate |
---|
2721 | | - | 22 as a participating innovation network charter school under |
---|
2722 | | - | 23 IC 20-25.7-5 is considered to have an ADM that is separate from |
---|
2723 | | - | 24 the school corporation. The amount that the county auditor shall |
---|
2724 | | - | 25 distribute to a charter school, excluding virtual charter schools or |
---|
2725 | | - | 26 adult high schools, under this section is the amount determined in |
---|
2726 | | - | 27 the last STEP of the following: |
---|
2727 | | - | 28 STEP ONE: Determine, for each charter school, excluding |
---|
2728 | | - | 29 virtual charter schools or adult high schools, that is eligible to |
---|
2729 | | - | 30 receive a distribution under this section, the number of |
---|
2730 | | - | 31 students who: |
---|
2731 | | - | 32 (A) reside within the attendance area of the school |
---|
2732 | | - | 33 corporation who are currently included in the ADM of the |
---|
2733 | | - | 34 charter school; and |
---|
2734 | | - | 35 (B) receive not more than fifty percent (50%) virtual |
---|
2735 | | - | 36 instruction. |
---|
2736 | | - | 37 STEP TWO: Determine the sum of: |
---|
2737 | | - | 38 (A) the current ADM count for the school corporation, |
---|
2738 | | - | 39 excluding students who: |
---|
2739 | | - | 40 (i) receive more than fifty percent (50%) virtual |
---|
2740 | | - | 41 instruction; and |
---|
2741 | | - | 42 (ii) attend the school corporation but do not have legal |
---|
2742 | | - | SB 518—LS 7334/DI 125 64 |
---|
2743 | | - | 1 settlement in the school corporation; plus |
---|
2744 | | - | 2 (B) the total number of students who: |
---|
2745 | | - | 3 (i) reside within the attendance area of the school |
---|
2746 | | - | 4 corporation who are currently included in the ADM of |
---|
2747 | | - | 5 a charter school, excluding virtual charter schools or |
---|
2748 | | - | 6 adult high schools; and |
---|
2749 | | - | 7 (ii) receive not more than fifty percent (50%) virtual |
---|
2750 | | - | 8 instruction. |
---|
2751 | | - | 9 STEP THREE: For each charter school, determine the result |
---|
2752 | | - | 10 of: |
---|
| 2430 | + | 1 distribution under this section, the number of students who reside |
---|
| 2431 | + | 2 within the attendance area of the school corporation who are |
---|
| 2432 | + | 3 currently included in the ADM of the charter school. |
---|
| 2433 | + | 4 STEP TWO: Determine the sum of: |
---|
| 2434 | + | 5 (A) the current ADM count for the school corporation; plus |
---|
| 2435 | + | 6 (B) the total number of students who reside within the |
---|
| 2436 | + | 7 attendance area of the school corporation who are currently |
---|
| 2437 | + | 8 included in the ADM of a charter school, excluding virtual |
---|
| 2438 | + | 9 charter schools or adult high schools. |
---|
| 2439 | + | 10 STEP THREE: Determine the result of: |
---|
2982 | | - | _____ |
---|
2983 | | - | SENATE MOTION |
---|
2984 | | - | Mr. President: I move that Senate Bill 518 be amended to read as |
---|
2985 | | - | follows: |
---|
2986 | | - | Page 18, line 12, delete "school." and insert "school, excluding a |
---|
2987 | | - | virtual charter school.". |
---|
2988 | | - | Page 21, between lines 16 and 17, begin a new paragraph and insert: |
---|
2989 | | - | "SECTION 2. IC 20-24-3-19 IS ADDED TO THE INDIANA CODE |
---|
2990 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
2991 | | - | 1, 2025]: Sec. 19. (a) This section applies to a charter school that |
---|
2992 | | - | receives property tax revenue under any statute referred to in |
---|
2993 | | - | IC 20-24-7-6.1 and IC 20-24-7-6.2 |
---|
2994 | | - | (b) As used in this section "executive" has the meaning set forth |
---|
2995 | | - | in IC 36-1-2-5. |
---|
2996 | | - | (c) In the case of a charter school that is located within a city, |
---|
2997 | | - | including a consolidated city, the executive shall appoint one (1) |
---|
2998 | | - | individual to serve as a member of the governing board of a |
---|
2999 | | - | charter school. |
---|
3000 | | - | (d) In the case of a charter school that is located in an |
---|
3001 | | - | unincorporated area within a county, the county executive shall |
---|
3002 | | - | appoint one (1) individual to serve as a member of the governing |
---|
3003 | | - | board of a charter school. |
---|
3004 | | - | SECTION 3. IC 20-24-4-1, AS AMENDED BY P.L.150-2024, |
---|
3005 | | - | SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
3006 | | - | JULY 1, 2025]: Sec. 1. (a) A charter must meet the following |
---|
3007 | | - | requirements: |
---|
3008 | | - | (1) Be a written instrument. |
---|
3009 | | - | (2) Be executed by an authorizer and an organizer. |
---|
3010 | | - | (3) Confer certain rights, franchises, privileges, and obligations |
---|
3011 | | - | on a charter school. |
---|
3012 | | - | (4) Confirm the status of a charter school as a public school. |
---|
3013 | | - | (5) Subject to subdivision (6)(E), be granted for: |
---|
3014 | | - | (A) not less than three (3) years or more than fifteen (15) |
---|
3015 | | - | SB 518—LS 7334/DI 125 71 |
---|
3016 | | - | years; and |
---|
3017 | | - | (B) a fixed number of years agreed to by the authorizer and the |
---|
3018 | | - | organizer. |
---|
3019 | | - | (6) Provide for the following: |
---|
3020 | | - | (A) A review by the authorizer of the charter school's |
---|
3021 | | - | performance, including the progress of the charter school in |
---|
3022 | | - | achieving the academic goals set forth in the charter, at least |
---|
3023 | | - | one (1) time in each five (5) year period while the charter is in |
---|
3024 | | - | effect. |
---|
3025 | | - | (B) Renewal, if the authorizer and the organizer agree to renew |
---|
3026 | | - | the charter. |
---|
3027 | | - | (C) The renewal application must include guidance from the |
---|
3028 | | - | authorizer, and the guidance must include the performance |
---|
3029 | | - | criteria that will guide the authorizer's renewal decisions. |
---|
3030 | | - | (D) The renewal application process must, at a minimum, |
---|
3031 | | - | provide an opportunity for the charter school to: |
---|
3032 | | - | (i) present additional evidence, beyond the data contained in |
---|
3033 | | - | the performance report, supporting its case for charter |
---|
3034 | | - | renewal; |
---|
3035 | | - | (ii) describe improvements undertaken or planned for the |
---|
3036 | | - | charter school; and |
---|
3037 | | - | (iii) detail the charter school's plans for the next charter |
---|
3038 | | - | term. |
---|
3039 | | - | (E) Not later than the end of the calendar year in which the |
---|
3040 | | - | charter school seeks renewal of a charter, the governing board |
---|
3041 | | - | of a charter school seeking renewal shall submit a renewal |
---|
3042 | | - | application to the charter authorizer under the renewal |
---|
3043 | | - | application guidance issued by the authorizer. The authorizer |
---|
3044 | | - | shall make a final ruling on the renewal application not later |
---|
3045 | | - | than April 1 after the filing of the renewal application. A |
---|
3046 | | - | renewal granted under this clause is not subject to the three (3) |
---|
3047 | | - | year minimum described in subdivision (5). The April 1 |
---|
3048 | | - | deadline does not apply to any review or appeal of a final |
---|
3049 | | - | ruling. After the final ruling is issued, the charter school may |
---|
3050 | | - | obtain further review by the authorizer of the authorizer's final |
---|
3051 | | - | ruling in accordance with the terms of the charter school's |
---|
3052 | | - | charter and the protocols of the authorizer. |
---|
3053 | | - | (7) Specify the grounds for the authorizer to: |
---|
3054 | | - | (A) revoke the charter before the end of the term for which the |
---|
3055 | | - | charter is granted; or |
---|
3056 | | - | (B) not renew a charter. |
---|
3057 | | - | (8) Set forth the methods by which the charter school will be held |
---|
3058 | | - | SB 518—LS 7334/DI 125 72 |
---|
3059 | | - | accountable for achieving the educational mission and goals of |
---|
3060 | | - | the charter school, including the following: |
---|
3061 | | - | (A) Evidence of improvement in: |
---|
3062 | | - | (i) assessment measures, including the statewide assessment |
---|
3063 | | - | program measures; |
---|
3064 | | - | (ii) attendance rates; |
---|
3065 | | - | (iii) graduation rates (if appropriate); |
---|
3066 | | - | (iv) increased numbers of Indiana diplomas with a Core 40 |
---|
3067 | | - | designation or increased numbers of Indiana diploma |
---|
3068 | | - | designations established under IC 20-19-2-21 and other |
---|
3069 | | - | college and career ready indicators including advanced |
---|
3070 | | - | placement participation and passage, dual credit |
---|
3071 | | - | participation and passage, and International Baccalaureate |
---|
3072 | | - | participation and passage (if appropriate); |
---|
3073 | | - | (v) increased numbers of Indiana diplomas with Core 40 |
---|
3074 | | - | with academic honors and technical honors designations (if |
---|
3075 | | - | appropriate); |
---|
3076 | | - | (vi) student academic growth; |
---|
3077 | | - | (vii) financial performance and stability; and |
---|
3078 | | - | (viii) governing board performance and stewardship, |
---|
3079 | | - | including compliance with applicable laws, rules and |
---|
3080 | | - | regulations, and charter terms. |
---|
3081 | | - | (B) Evidence of progress toward reaching the educational |
---|
3082 | | - | goals set by the organizer. |
---|
3083 | | - | (9) Describe the method to be used to monitor the charter |
---|
3084 | | - | school's: |
---|
3085 | | - | (A) compliance with applicable law; and |
---|
3086 | | - | (B) performance in meeting targeted educational performance. |
---|
3087 | | - | (10) Specify that the authorizer and the organizer may amend the |
---|
3088 | | - | charter during the term of the charter by mutual consent and |
---|
3089 | | - | describe the process for amending the charter. |
---|
3090 | | - | (11) Describe specific operating requirements, including all the |
---|
3091 | | - | matters set forth in the application for the charter. |
---|
3092 | | - | (12) Specify a date when the charter school will: |
---|
3093 | | - | (A) begin school operations; and |
---|
3094 | | - | (B) have students attending the charter school. |
---|
3095 | | - | (13) Specify that records of a charter school relating to the |
---|
3096 | | - | school's operation and charter are subject to inspection and |
---|
3097 | | - | copying to the same extent that records of a public school are |
---|
3098 | | - | subject to inspection and copying under IC 5-14-3. |
---|
3099 | | - | (14) Specify that records provided by the charter school to the |
---|
3100 | | - | department or authorizer that relate to compliance by the |
---|
3101 | | - | SB 518—LS 7334/DI 125 73 |
---|
3102 | | - | organizer with the terms of the charter or applicable state or |
---|
3103 | | - | federal laws are subject to inspection and copying in accordance |
---|
3104 | | - | with IC 5-14-3. |
---|
3105 | | - | (15) Specify that the charter school is subject to the requirements |
---|
3106 | | - | of IC 5-14-1.5. |
---|
3107 | | - | (16) This subdivision applies to a charter established or renewed |
---|
3108 | | - | for an adult high school after June 30, 2014. The charter must |
---|
3109 | | - | require: |
---|
3110 | | - | (A) that the school will offer flexible scheduling; |
---|
3111 | | - | (B) that students will not complete the majority of instruction |
---|
3112 | | - | of the school's curriculum online or through remote |
---|
3113 | | - | instruction; |
---|
3114 | | - | (C) that the school will offer dual credit or industry |
---|
3115 | | - | certification course work that aligns with career pathways as |
---|
3116 | | - | recommended by the Indiana career council established by |
---|
3117 | | - | IC 22-4.5-9-3 (expired); and |
---|
3118 | | - | (D) a plan: |
---|
3119 | | - | (i) to support successful program completion and to assist |
---|
3120 | | - | transition of graduates to the workforce or to a |
---|
3121 | | - | postsecondary education upon receiving a diploma from the |
---|
3122 | | - | adult high school; and |
---|
3123 | | - | (ii) to review individual student accomplishments and |
---|
3124 | | - | success after a student receives a diploma from the adult |
---|
3125 | | - | high school. |
---|
3126 | | - | (17) In the case of a charter school that is subject to |
---|
3127 | | - | IC 20-24-3-19, the charter must confirm that at least one (1) |
---|
3128 | | - | member of the governing board of the charter school will be |
---|
3129 | | - | appointed in accordance with IC 20-24-3-19. |
---|
3130 | | - | (b) A charter school shall set annual performance targets in |
---|
3131 | | - | conjunction with the charter school's authorizer. The annual |
---|
3132 | | - | performance targets shall be designed to help each school meet |
---|
3133 | | - | applicable federal, state, and authorizer expectations.". |
---|
3134 | | - | Page 21, line 38, delete "2026," and insert "2028,". |
---|
3135 | | - | Page 21, line 40, delete "and". |
---|
3136 | | - | Page 21, delete lines 41 through 42, begin a new line block indented |
---|
3137 | | - | and insert: |
---|
3138 | | - | "(2) after December 31, 2025, in the case of a tax levy imposed |
---|
3139 | | - | under IC 20-46-7 by the governing body of a school |
---|
3140 | | - | corporation; and |
---|
3141 | | - | (3) after December 31, 2027, in the case of a tax levy imposed |
---|
3142 | | - | under IC 20-46-8 by the governing body of a school |
---|
3143 | | - | corporation.". |
---|
3144 | | - | SB 518—LS 7334/DI 125 74 |
---|
3145 | | - | Page 22, delete line 1. |
---|
3146 | | - | Page 22, line 2, after "In calendar year 2025," insert "2026, and |
---|
3147 | | - | 2027,". |
---|
3148 | | - | Page 22, delete lines 9 through 17, begin a new paragraph and |
---|
3149 | | - | insert: |
---|
3150 | | - | "(c) This subsection applies as follows: |
---|
3151 | | - | (1) Beginning in calendar year 2026, and each year thereafter, |
---|
3152 | | - | the county auditor shall distribute money that is received as |
---|
3153 | | - | part of a tax levy collected under IC 20-46-7 to an eligible |
---|
3154 | | - | charter school, excluding a virtual charter school and adult |
---|
3155 | | - | high school, in the manner prescribed by IC 20-46-7-17 for |
---|
3156 | | - | deposit in the charter school's operations fund created under |
---|
3157 | | - | IC 20-40-18-1. |
---|
3158 | | - | (2) Beginning in calendar year 2028, and each year thereafter, |
---|
3159 | | - | the county auditor shall distribute money that is received as |
---|
3160 | | - | part of a tax levy collected under IC 20-46-8 to an eligible |
---|
3161 | | - | charter school, excluding a virtual charter school and adult |
---|
3162 | | - | high school, in the manner prescribed by IC 20-46-8-13 for |
---|
3163 | | - | deposit in the charter school's operations fund created under |
---|
3164 | | - | IC 20-40-18-1. |
---|
3165 | | - | The distributions shall be made at the same time that tax levy |
---|
3166 | | - | revenue is required to be distributed to school corporations.". |
---|
3167 | | - | Page 22, line 41, delete "IC 6-1.1-20-13.5(b)," and insert "IC |
---|
3168 | | - | 6-1.1-20-13.5(b)),". |
---|
3169 | | - | Page 23, line 1, delete "IC 6-1.1-20-13.5." and insert "IC |
---|
3170 | | - | 6-1.1-20-13.5. A qualified charter school (as defined in |
---|
3171 | | - | IC 6-1.1-20-13.5(b)) shall establish a separate account into which |
---|
3172 | | - | revenue received from a tax levy under IC 6-1.1-20 must be |
---|
3173 | | - | deposited.". |
---|
3174 | | - | Page 23, between lines 18 and 19, begin a new paragraph and insert: |
---|
3175 | | - | "SECTION 7. IC 20-24-7-17 IS ADDED TO THE INDIANA CODE |
---|
3176 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
3177 | | - | 1, 2025]: Sec. 17. (a) This section is in addition to any other |
---|
3178 | | - | requirement imposed on a charter school with respect to the |
---|
3179 | | - | closure of a charter school, including the payment of any |
---|
3180 | | - | outstanding debts. |
---|
3181 | | - | (b) In the case of a charter school that closes after the June or |
---|
3182 | | - | December distribution of property tax revenue, the charter school |
---|
3183 | | - | shall return any property tax revenue received from a levy |
---|
3184 | | - | referred to in sections 6.1 and 6.2 of this chapter to the school |
---|
3185 | | - | corporation in which the charter school is located. A charter school |
---|
3186 | | - | that closes is not entitled to any future distributions of property tax |
---|
3187 | | - | SB 518—LS 7334/DI 125 75 |
---|
3188 | | - | revenue from a levy referred to in sections 6.1 and 6.2 of this |
---|
3189 | | - | chapter. |
---|
3190 | | - | (c) If a charter school has outstanding debt at the time of the |
---|
3191 | | - | closure, the charter school must satisfy the outstanding debt in |
---|
3192 | | - | accordance with the following: |
---|
3193 | | - | (1) If the charter school owns the building but did not |
---|
3194 | | - | purchase the building under IC 20-26-7.1, the charter school |
---|
3195 | | - | must first sell the building and apply the proceeds received |
---|
3196 | | - | from the sale to pay off the outstanding debt. |
---|
3197 | | - | (2) If subdivision (1) does not apply, the charter school must |
---|
3198 | | - | satisfy the debt by means of any other revenue source legally |
---|
3199 | | - | available to the charter school. |
---|
3200 | | - | (d) A charter school that closes must notify the county fiscal |
---|
3201 | | - | body of the county in which the charter school is located of the |
---|
3202 | | - | closure and provide the county fiscal body with a certified copy of |
---|
3203 | | - | the resolution adopted by the charter school's governing body to |
---|
3204 | | - | close the charter school.". |
---|
3205 | | - | Page 39, line 16, delete "school." and insert "school, excluding a |
---|
3206 | | - | virtual charter school.". |
---|
3207 | | - | Page 43, line 26, delete "school." and insert "school, excluding a |
---|
3208 | | - | virtual charter school.". |
---|
3209 | | - | Page 45, line 15, delete "2026," and insert "2028,". |
---|
3210 | | - | Page 45, line 24, after "In calendar year 2025," insert "2026, and |
---|
3211 | | - | 2027,". |
---|
3212 | | - | Page 47, line 38, delete "2025," and insert "2027,". |
---|
3213 | | - | Page 48, line 4, after "schools" insert ",". |
---|
3214 | | - | Page 49, line 6, delete "2025," and insert "2027,". |
---|
3215 | | - | Page 49, line 17, delete "school." and insert "school, excluding a |
---|
3216 | | - | virtual charter school.". |
---|
3217 | | - | Page 49, line 22, delete "calendar year 2026," and insert "calendar |
---|
3218 | | - | year 2028,". |
---|
3219 | | - | Page 49, line 23, delete "(g)," and insert "(i),". |
---|
3220 | | - | Page 49, line 28, delete "Subject to subsection (e)," and insert |
---|
3221 | | - | "Subject to subsections (e), (f), and (g),". |
---|
3222 | | - | Page 49, line 39, delete "May 10, 2025," and insert "January 1, |
---|
3223 | | - | 2027,". |
---|
3224 | | - | Page 50, line 5, delete "applies" and insert "applies to a school |
---|
3225 | | - | corporation for which less than five hundred (500) students who |
---|
3226 | | - | have legal settlement in the school corporation attend a charter |
---|
3227 | | - | school and". |
---|
3228 | | - | Page 50, line 6, delete "2026 and 2027" and insert "2028 and 2029". |
---|
3229 | | - | Page 50, line 12, delete "2026," and insert "2028,". |
---|
3230 | | - | SB 518—LS 7334/DI 125 76 |
---|
3231 | | - | Page 50, line 18, delete "2027," and insert "2029,". |
---|
3232 | | - | Page 50, line 24, delete "2028." and insert "2030.". |
---|
3233 | | - | Page 50, between lines 24 and 25, begin a new paragraph and insert: |
---|
3234 | | - | "(f) In the case of a school corporation for which at least five |
---|
3235 | | - | hundred (500) students but less than five thousand (5,000) students |
---|
3236 | | - | who have legal settlement in the school corporation attend a |
---|
3237 | | - | charter school, the county auditor shall make distributions |
---|
3238 | | - | according to the following: |
---|
3239 | | - | (1) For a distribution in 2028, the county auditor shall |
---|
3240 | | - | distribute an amount for a particular eligible charter school |
---|
3241 | | - | equal to: |
---|
3242 | | - | (A) the result of STEP THREE of subsection (d) for the |
---|
3243 | | - | eligible charter school; multiplied by |
---|
3244 | | - | (B) twenty-five hundredths (0.25). |
---|
3245 | | - | (2) For a distribution in 2029, the county auditor shall |
---|
3246 | | - | distribute an amount for a particular eligible charter school |
---|
3247 | | - | equal to: |
---|
3248 | | - | (A) the result of STEP THREE of subsection (d) for the |
---|
3249 | | - | eligible charter school; multiplied by |
---|
3250 | | - | (B) five-tenths (0.5). |
---|
3251 | | - | (3) For a distribution in 2030, the county auditor shall |
---|
3252 | | - | distribute an amount for a particular eligible charter school |
---|
3253 | | - | equal to: |
---|
3254 | | - | (A) the result of STEP THREE of subsection (d) for the |
---|
3255 | | - | eligible charter school; multiplied by |
---|
3256 | | - | (B) seventy-five hundredths (0.75). |
---|
3257 | | - | (4) For a distribution in 2031 and each year thereafter, the |
---|
3258 | | - | county auditor shall distribute an amount for a particular |
---|
3259 | | - | eligible charter school equal to: |
---|
3260 | | - | (A) the result of STEP THREE of subsection (d) for the |
---|
3261 | | - | eligible charter school; multiplied by |
---|
3262 | | - | (B) one (1). |
---|
3263 | | - | (g) In the case of a school corporation for which at least five |
---|
3264 | | - | thousand (5,000) students who have legal settlement in the school |
---|
3265 | | - | corporation attend a charter school, the county auditor shall make |
---|
3266 | | - | distributions according to the following: |
---|
3267 | | - | (1) For a distribution in 2028, the county auditor shall |
---|
3268 | | - | distribute an amount for a particular eligible charter school |
---|
3269 | | - | equal to: |
---|
3270 | | - | (A) the result of STEP THREE of subsection (d) for the |
---|
3271 | | - | eligible charter school; multiplied by |
---|
3272 | | - | (B) two-tenths (0.2). |
---|
3273 | | - | SB 518—LS 7334/DI 125 77 |
---|
3274 | | - | (2) For a distribution in 2029, the county auditor shall |
---|
3275 | | - | distribute an amount for a particular eligible charter school |
---|
3276 | | - | equal to: |
---|
3277 | | - | (A) the result of STEP THREE of subsection (d) for the |
---|
3278 | | - | eligible charter school; multiplied by |
---|
3279 | | - | (B) four-tenths (0.4). |
---|
3280 | | - | (3) For a distribution in 2030, the county auditor shall |
---|
3281 | | - | distribute an amount for a particular eligible charter school |
---|
3282 | | - | equal to: |
---|
3283 | | - | (A) the result of STEP THREE of subsection (d) for the |
---|
3284 | | - | eligible charter school; multiplied by |
---|
3285 | | - | (B) six-tenths (0.6). |
---|
3286 | | - | (4) For a distribution in 2031, the county auditor shall |
---|
3287 | | - | distribute an amount for a particular eligible charter school |
---|
3288 | | - | equal to: |
---|
3289 | | - | (A) the result of STEP THREE of subsection (d) for the |
---|
3290 | | - | eligible charter school; multiplied by |
---|
3291 | | - | (B) eight-tenths (0.8). |
---|
3292 | | - | (5) For a distribution in 2032 and each year thereafter, the |
---|
3293 | | - | county auditor shall distribute an amount for a particular |
---|
3294 | | - | eligible charter school equal to: |
---|
3295 | | - | (A) the result of STEP THREE of subsection (d) for the |
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3296 | | - | eligible charter school; multiplied by |
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3297 | | - | (B) one (1).". |
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3298 | | - | Page 50, line 25, delete "(f)" and insert "(h)". |
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3299 | | - | Page 50, line 25, delete "2025," and insert "2027,". |
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3300 | | - | Page 50, line 30, delete "(g)" and insert "(i)". |
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3301 | | - | Page 50, line 32, delete "2025," and insert "2027,". |
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3302 | | - | Page 50, line 40, delete "(h)" and insert "(j)". |
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3303 | | - | Page 50, line 40, delete "2026," and insert "2028,". |
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3304 | | - | Page 52, line 11, delete "school." and insert "school.". |
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3305 | | - | Page 56, line 5, delete "school." and insert "school, excluding a |
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3306 | | - | virtual charter school.". |
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3307 | | - | Renumber all SECTIONS consecutively. |
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3308 | | - | (Reference is to SB 518 as printed February 12, 2025.) |
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3309 | | - | ROGERS |
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