Bill Text: IN HB1417 | 2011 | Regular Session | Amended
Bill Title: School funds.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2011-02-22 - First reading: referred to Committee on Appropriations [HB1417 Detail]
Download: Indiana-2011-HB1417-Amended.html
Reprinted
February 18, 2011
HOUSE BILL No. 1417
_____
DIGEST OF HB 1417
(Updated February 17, 2011 11:38 am - DI 51)
Citations Affected: IC 20-40.
Synopsis: School funds. Provides that the school capital projects fund
may be used for utilities and insurance in calendar year 2011, 2012,
and 2013. Specifies that 3.5% of the school corporation's 2005
distribution is the maximum amount that may be paid from the capital
project fund in a calendar year for utilities and insurance expenditures.
Allows the governing body of a school corporation to adopt a
resolution to transfer money among the funds held by the school
corporation in the 2011-2012 school year.
Effective: July 1, 2011.
McNamara
, Truitt
, Dermody
,
Pelath
, Clere
January 18, 2011, read first time and referred to Committee on Education.
February 7, 2011, recommitted to Committee on Ways and Means.
February 15, 2011, amended, reported _ Do Pass.
February 17, 2011, read second time, amended, ordered engrossed.
Reprinted
February 18, 2011
First Regular Session 117th General Assembly (2011)
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
HOUSE BILL No. 1417
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-40-8-19; (11)HB1417.2.1. -->
SECTION 1. IC 20-40-8-19, AS AMENDED BY P.L.182-2009(ss),
SECTION 322, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 19. Money in the fund may be used
before January 1, 2014, to pay for up to one hundred percent (100%)
of the following costs of a school corporation:
(1) Utility services.
(2) Property or casualty insurance.
(3) Both utility services and property or casualty insurance.
A school corporation's expenditures under this section may not in a calendar year exceedin 2010 and in 2011 three and five-tenths
percent (3.5%) of the school corporation's 2005 calendar year
distribution.
(1) Utility services.
(2) Property or casualty insurance.
(3) Both utility services and property or casualty insurance.
A school corporation's expenditures under this section may not in a calendar year exceed
SOURCE: IC 20-40-17; (11)HB1417.2.2. -->
SECTION 2. IC 20-40-17 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 17. Transfer of Money Between Funds In 2011-2012 School Year
Sec. 1. As used in this chapter, "capital projects fund levy", with respect to a particular school corporation, means the maximum levy that the school corporation could impose in calendar year 2010 under IC 20-46-6-5 for the school corporation's capital projects fund.
Sec. 2. As used in this chapter, "wage and salary increase" means an increase in wages or salaries payable for the same or a similar position after subtracting, for all employees, any of the following received by the individual:
(1) An increase in wages or salary of an employee from an increment under IC 20-28-9-2 bargained for under a written contract signed before March 1, 2010, that has not expired.
(2) An increase in wages or salary of an employee from an increment under IC 20-28-9-2 that does not exceed the increment permitted under an increment schedule in effect during the previous year under a written contract in effect for the previous year or under the status quo provisions in IC 20-29-9-16. However, the increment may not exceed two percent (2%) of the wages and salary of the employee in the previous year.
(3) An increase in wages or salary that is paid to an employee as a result of the employee completing licensing requirements.
(4) Health care benefit cost increases for the same or an equivalent plan that are shared by the employee and the employer in the same proportion as health care benefit costs are shared in the previous year.
Sec. 3. Funds transferred under this chapter may not be used to increase an increment schedule from an existing increment agreement or to increase fringe benefits except those under section 2(4) of this chapter.
Sec. 4. Notwithstanding any other law except this chapter, a school corporation may transfer money during the 2011-2012 school year to one (1) or more funds held by the school corporation for the purposes of the funds from any fund held by the school corporation other than a debt service fund or a racial balance fund.
Sec. 5. A transfer is not permitted under this chapter after June 30, 2012.
Sec. 6. Money transferred under this chapter must be used to preserve and protect instructional programs.
Sec. 7. A transfer under this chapter must be authorized by a resolution adopted by the school corporation's governing body.
Sec. 8. The total amount that may be transferred under section 4 of this chapter in the 2011-2012 school year may not exceed an amount equal to:
(1) five percent (5%) of the school corporation's capital projects fund levy, if the governing body does not comply with section 9 of this chapter; and
(2) ten percent (10%) of the school corporation's capital projects fund levy, if the governing body complies with section 9 of this chapter.
Sec. 9. To authorize, in the aggregate, transfers exceeding five percent (5%) of the school corporation's capital projects fund levy, a governing body must include in the authorizing resolution a certification that the employees of the school corporation will not receive a general wage and salary increase for the 2011-2012 school year. The resolution must be submitted to the department.
Sec. 10. If a transfer is made under this chapter during the 2011-2012 school year, the school corporation shall file a report with the department before October 1, 2012. The report must include the following:
(1) The purpose of the transfer.
(2) The funds involved in the transfer.
(3) The amount transferred between the funds.
(4) The impact of the transfer to the programs that are supported by the fund from which the transfer was made.
Sec. 11. Notwithstanding any other law (including IC 20-28-9), the governing body of a school corporation and an exclusive representative may mutually agree to forego any wage or salary increases that would otherwise be required under IC 20-28-9 for the 2011-2012 school year.
Sec. 12. This chapter expires October 1, 2012.
Chapter 17. Transfer of Money Between Funds In 2011-2012 School Year
Sec. 1. As used in this chapter, "capital projects fund levy", with respect to a particular school corporation, means the maximum levy that the school corporation could impose in calendar year 2010 under IC 20-46-6-5 for the school corporation's capital projects fund.
Sec. 2. As used in this chapter, "wage and salary increase" means an increase in wages or salaries payable for the same or a similar position after subtracting, for all employees, any of the following received by the individual:
(1) An increase in wages or salary of an employee from an increment under IC 20-28-9-2 bargained for under a written contract signed before March 1, 2010, that has not expired.
(2) An increase in wages or salary of an employee from an increment under IC 20-28-9-2 that does not exceed the increment permitted under an increment schedule in effect during the previous year under a written contract in effect for the previous year or under the status quo provisions in IC 20-29-9-16. However, the increment may not exceed two percent (2%) of the wages and salary of the employee in the previous year.
(3) An increase in wages or salary that is paid to an employee as a result of the employee completing licensing requirements.
(4) Health care benefit cost increases for the same or an equivalent plan that are shared by the employee and the employer in the same proportion as health care benefit costs are shared in the previous year.
Sec. 3. Funds transferred under this chapter may not be used to increase an increment schedule from an existing increment agreement or to increase fringe benefits except those under section 2(4) of this chapter.
Sec. 4. Notwithstanding any other law except this chapter, a school corporation may transfer money during the 2011-2012 school year to one (1) or more funds held by the school corporation for the purposes of the funds from any fund held by the school corporation other than a debt service fund or a racial balance fund.
Sec. 5. A transfer is not permitted under this chapter after June 30, 2012.
Sec. 6. Money transferred under this chapter must be used to preserve and protect instructional programs.
Sec. 7. A transfer under this chapter must be authorized by a resolution adopted by the school corporation's governing body.
Sec. 8. The total amount that may be transferred under section 4 of this chapter in the 2011-2012 school year may not exceed an amount equal to:
(1) five percent (5%) of the school corporation's capital projects fund levy, if the governing body does not comply with section 9 of this chapter; and
(2) ten percent (10%) of the school corporation's capital projects fund levy, if the governing body complies with section 9 of this chapter.
Sec. 9. To authorize, in the aggregate, transfers exceeding five percent (5%) of the school corporation's capital projects fund levy, a governing body must include in the authorizing resolution a certification that the employees of the school corporation will not receive a general wage and salary increase for the 2011-2012 school year. The resolution must be submitted to the department.
Sec. 10. If a transfer is made under this chapter during the 2011-2012 school year, the school corporation shall file a report with the department before October 1, 2012. The report must include the following:
(1) The purpose of the transfer.
(2) The funds involved in the transfer.
(3) The amount transferred between the funds.
(4) The impact of the transfer to the programs that are supported by the fund from which the transfer was made.
Sec. 11. Notwithstanding any other law (including IC 20-28-9), the governing body of a school corporation and an exclusive representative may mutually agree to forego any wage or salary increases that would otherwise be required under IC 20-28-9 for the 2011-2012 school year.
Sec. 12. This chapter expires October 1, 2012.
