Bill Text: IN HB1016 | 2010 | Regular Session | Introduced
Bill Title: Transfer of money between funds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-26 - Representative Dermody added as coauthor [HB1016 Detail]
Download: Indiana-2010-HB1016-Introduced.html
Citations Affected: IC 20-25-16-1; IC 20-26-15-6; IC 20-39-5;
IC 20-40; IC 20-46-5-12.
Synopsis: Transfer of money between funds. Permits, with several
restrictions, a school corporation to transfer money in the corporation's
general fund, transportation fund, capital projects fund, or school bus
replacement fund to another fund for the purposes of the fund to which
the money is transferred.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Education.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) The board may:
(A) eliminate or modify existing policies;
(B) create new policies; and
(C) alter policies;
subject to this article and the plan developed under IC 20-25-10.
(2) IC 20-29 applies to the school city, except for the provision of IC 20-29-6-7(a) that requires any items included in the 1972-1973 agreements between an employer school corporation and an employee organization to continue to be bargainable.
(3) The board may waive the following statutes and rules for any school in the school city without administrative, regulatory, or legislative approval:
(A) The following rules concerning curriculum and instructional time:
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(B) 511 IAC 6.1-4-1 concerning student/teacher ratios.
(C) The following statutes and rules concerning textbooks and rules adopted under the statutes:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-1
IC 20-26-12-2
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
511 IAC 6.1-5-5.
(D) 511 IAC 6.1-4-2 concerning school principals.
(4) Notwithstanding any other law, a school city may do the following:
(A) Lease school transportation equipment to others for nonschool use when the equipment is not in use for a school city purpose.
(B) Establish a professional development and technology fund to be used for:
(i) professional development; or
(ii) technology, including video distance learning.
(C) Transfer funds obtained from sources other than state or local government taxation to any account of the school corporation, including a professional development and technology fund established under clause (B).
(5) Transfer funds obtained from property taxation to the general fund and the school transportation fund, subject to the following:
(A) The
(B) This subdivision does not allow a school corporation to
transfer to any other fund money from the debt service fund.
(1) Disregard the observance of any statute or rule that is listed in the contract.
(2) Lease school transportation equipment to others for nonschool use when the equipment is not in use for a school corporation purpose, if the lessee has not received a bid from a private entity to provide transportation equipment or services for the same purpose.
(3) Replace the budget and accounting system that is required by law with a budget or accounting system that is frequently used in the private business community. The state board of accounts may not go beyond the requirements imposed upon the state board of accounts by statute in reviewing the budget and accounting system used by a freeway school corporation or a freeway school.
(4) Establish a professional development and technology fund to be used for:
(A) professional development; or
(B) technology, including video distance learning.
However, any money deposited in the professional development and technology fund for technology purposes must be transferred to the school technology fund.
(5) Subject to subdivision (4), transfer funds obtained from sources other than state or local government taxation among any accounts of the school corporation, including a professional development and technology fund established under subdivision (4).
(6) Transfer funds obtained from property taxation and from state distributions among the general fund and the school transportation fund, subject to the following:
(A) The
(B) This subdivision does not allow a school corporation to
transfer to any other fund money from the
(i) capital projects fund; or
(ii) debt service fund.
(7) Establish a locally adopted assessment program to replace the
assessment of students under the ISTEP program established
under IC 20-32-5-15, subject to the following:
(A) A locally adopted assessment program must be established
by the governing body and approved by the department.
(B) A locally adopted assessment program may use a locally
developed test or a nationally developed test.
(C) Results of assessments under a locally adopted assessment
program are subject to the same reporting requirements as
results under the ISTEP program.
(D) Each student who completes a locally adopted assessment
program and the student's parent have the same rights to
inspection and rescoring as set forth in IC 20-32-5-9.
Chapter 5. Transfer of Money Between Funds
Sec. 1. This chapter applies to all school corporations.
Sec. 2. This chapter applies only to a transfer among the following funds:
(1) General fund.
(2) Transportation fund.
(3) Capital projects fund.
(4) School bus replacement fund.
Sec. 3. This chapter does not apply to the following:
(1) Money that is pledged to pay debt or make lease payments or required by an agreement to be held as a reserve for the payment of debt or lease payments.
(2) Money in the possession of a school corporation that is restricted by the terms of a loan, grant, gift, bequest, or other agreement.
(3) Money levied from a fund to pay an advance from the state or from the common school fund.
Sec. 4. This chapter shall be treated as supplementing the powers granted to a school corporation by any other law to transfer money between funds.
Sec. 5. The proper officers of a school corporation may transfer money from one (1) of the school corporation's funds to another fund of the school corporation after the adoption of a resolution
specifying the:
(1) amount of the transfer;
(2) funds involved;
(3) date of the transfer; and
(4) general purpose of the transfer.
Sec. 6. Before making a transfer under this chapter, the school
corporation shall publish a notice of the transfer one (1) time in
conformity with IC 5-3-1. The notice must include the information
required in section 5 of this chapter for the resolution authorizing
the transfer.
Sec. 7. Money transferred from one (1) fund to another under
this chapter is available for use for the purposes of the fund to
which the money is transferred after an appropriation of the funds
in the manner provided by law.
Sec. 8. A transfer of money under this chapter does not reduce
the property tax levy that may be imposed under any other law for
any fund described in section 2 of this chapter. However, a school
corporation may not increase a property tax levy under
IC 20-46-4-10 (fuel adjustment) or IC 20-46-5-4 (school bus
replacement fund) to replace money transferred under this
chapter.
(1) IC 20-20-10-5 (implementation of technology preparation task
force).
(2) IC 20-39-5 (transfer of money between funds).
(2) (3) IC 20-40-11-3 (repair and replacement fund).
(3) (4) IC 20-40-12-6 (self-insurance fund).
(4) (5) IC 20-49-4-22 (advance for educational technology
program).
(b) The resolution of the governing body must be in the form prescribed by the department of local government finance and must contain at least the following:
(1) The annual amount permitted to be expended from the fund each year.
(2) The duration of the fund, which may not exceed five (5) years.
(3) That the sources for the fund for each year must be from
(1) transfer to the fund an amount of money in the general fund budget;
(2) transfer money from
(3) appropriate money from the general fund for the fund.
(1) a school corporation enters into a lease agreement with the Indiana bond bank for the lease of one (1) or more school buses under IC 5-1.5-4-1(a)(5);
(2) the lease agreement conforms with the school corporation's ten (10) year school bus replacement plan approved by the department of local government finance under section 9 of this
chapter; and
(3) in the first full fiscal year after the effective date of the lease
agreement, there would otherwise be a reduction in the levy in an
amount equal to the difference between the total purchase price
of the bus or buses and the total rental payment due under the
lease agreement;
the levy in that fiscal year may not be reduced by the amount of the
reduction.
(b) Any or all of the amount of that part of the levy may, on or
before the end of the year of its collection, be:
(1) retained in the fund;
(2) transferred to the school transportation fund established under
IC 20-40-6-4; or
(3) transferred to the capital projects fund established under
IC 20-40-8-6; or
(4) transferred to another fund described in IC 20-39-5-2.
