CHAPTER 5. SCHOOL BUS REPLACEMENT LEVY
IC 20-46-5
Chapter 5. School Bus Replacement Levy
IC 20-46-5-1
"Fund"
Sec. 1. As used in this chapter, "fund" refers to the school bus
replacement fund.
As added by P.L.2-2006, SEC.169.
IC 20-46-5-2
"Levy"
Sec. 2. As used in this chapter, "levy" refers to a levy imposed
under this chapter.
As added by P.L.2-2006, SEC.169.
IC 20-46-5-3
"Plan"
Sec. 3. As used in this chapter, "plan" refers to a school bus
acquisition plan adopted or amended under this chapter.
As added by P.L.2-2006, SEC.169.
IC 20-46-5-4
Power; levy
Sec. 4. Each school corporation may levy for a calendar year a
property tax for the fund in accordance with the school bus
acquisition plan adopted under this chapter.
As added by P.L.2-2006, SEC.169.
IC 20-46-5-5
Levy procedures
Sec. 5. The levy tax rate and the levy shall be established as a part
of the annual budget for the calendar year in accordance with
IC 6-1.1-17.
As added by P.L.2-2006, SEC.169.
IC 20-46-5-6
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 20-46-5-6.1
Plan; school corporation outside South Bend
Sec. 6.1. (a) This section does not apply to a school corporation
that elects to adopt a budget under IC 6-1.1-17-5.6, unless a
resolution adopted under IC 6-1.1-17-5.6(d) by the governing body
of the school corporation is in effect.
(b) Before a governing body may collect property taxes for the
fund in a particular calendar year, the governing body must, after
January 1 and not later than September 20 of the immediately
preceding year:
(1) conduct a public hearing on; and
(2) pass a resolution to adopt;
a plan.
As added by P.L.182-2009(ss), SEC.349. Amended by P.L.111-2010,
SEC.3.
IC 20-46-5-7
Plan; school corporation in South Bend
Sec. 7. (a) This section applies only to a school corporation that
elects to adopt a budget under IC 6-1.1-17-5.6.
(b) This section does not apply to the school corporation if a
resolution adopted under IC 6-1.1-17-5.6(d) by the governing body
of the school corporation is in effect.
(c) Before the governing body of the school corporation may
collect property taxes for the fund in a particular calendar year, the
governing body must, after January 1 and on or before February 1 of
the immediately preceding year:
(1) conduct a public hearing on; and
(2) pass a resolution to adopt;
a plan.
As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.505; P.L.182-2009(ss), SEC.350; P.L.111-2010, SEC.4.
IC 20-46-5-8
Form; plan
Sec. 8. (a) The department of local government finance shall
prescribe the format of the plan.
(b) A plan must apply to at least the twelve (12) budget years
immediately following the year the plan is adopted.
(c) A plan must at least include the following:
(1) An estimate for each year to which it applies of the nature
and amount of proposed expenditures from the fund.
(2) A presumption that the minimum useful life of a school bus
is not less than twelve (12) years.
(3) An identification of:
(A) the source of all revenue to be dedicated to the proposed
expenditures in the upcoming budget year; and
(B) the amount of property taxes to be collected in that year
and the unexpended balance to be retained in the fund for
expenditures proposed for a later year.
(4) If the school corporation is seeking to:
(A) acquire; or
(B) contract for transportation services that will provide;
additional school buses or school buses with a larger seating
capacity as compared with the number and type of school buses
from the prior school year, evidence of a demand for increased
transportation services within the school corporation. Clause
(B) does not apply if contracted transportation services are not
paid from the fund.
(5) If the school corporation is seeking to:
(A) replace an existing school bus earlier than twelve (12)
years after the existing school bus was originally acquired;
or
(B) require a contractor to replace a school bus;
evidence that the need exists for the replacement of the school
bus. Clause (B) does not apply if contracted transportation
services are not paid from the fund.
(6) Evidence that the school corporation that seeks to acquire
additional school buses under this section is acquiring or
contracting for the school buses only for the purposes specified
in subdivision (4) or for replacement purposes.
As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.506.
IC 20-46-5-9
Review of plan; department of local government finance
Sec. 9. After reviewing the plan, the department of local
government finance shall certify its approval, disapproval, or
modification of the plan to the governing body and the county
auditor of the county. The action of the department of local
government finance with respect to the plan is final.
As added by P.L.2-2006, SEC.169. Amended by P.L.182-2009(ss),
SEC.351.
IC 20-46-5-10
Plan; amendments
Sec. 10. (a) A governing body may amend a plan. When an
amendment to a plan is required, the governing body must:
(1) declare the nature of and the need for the amendment; and
(2) show cause as to why the original plan no longer meets the
needs of the school corporation.
(b) The governing body must then conduct a public hearing on
and pass a resolution to adopt the amendment to the plan.
(c) The plan, as proposed to be amended, must comply with the
requirements for a plan under section 8 of this chapter.
(d) An amendment to the plan is not subject to the deadlines for
adoption described in section 6.1 or 7 of this chapter. However, the
amendment to the plan must be submitted to the department of local
government finance for its consideration and is subject to approval,
disapproval, or modification in accordance with the procedures for
adopting a plan set forth in this chapter.
As added by P.L.2-2006, SEC.169. Amended by P.L.182-2009(ss),
SEC.352.
IC 20-46-5-11
Notice publication requirements
Sec. 11. If a public hearing is scheduled under this chapter, the
governing body shall publish a notice of the public hearing and the
proposed plan or amendment to the plan in accordance with
IC 5-3-1-2(b).
As added by P.L.2-2006, SEC.169. Amended by P.L.1-2007,
SEC.154.
IC 20-46-5-12
Limitation; reduction of levy; lease agreement with Indiana bond
bank
Sec. 12. (a) If:
(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.
As added by P.L.234-2007, SEC.264.