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 busreplacement 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 imposedunder 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 busacquisition 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 aproperty tax for the fund in accordance with the school busacquisition 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 partof the annual budget for the calendar year in accordance withIC 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Repealed
(Repealed by P.L.1-2010, SEC.156.)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 corporationthat elects to adopt a budget under IC 6-1.1-17-5.6, unless aresolution adopted under IC 6-1.1-17-5.6(d) by the governing bodyof the school corporation is in effect.
(b) Before a governing body may collect property taxes for thefund in a particular calendar year, the governing body must, afterJanuary 1 and not later than September 20 of the immediatelypreceding 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 thatelects to adopt a budget under IC 6-1.1-17-5.6.
(b) This section does not apply to the school corporation if aresolution adopted under IC 6-1.1-17-5.6(d) by the governing bodyof the school corporation is in effect.
(c) Before the governing body of the school corporation maycollect property taxes for the fund in a particular calendar year, thegoverning body must, after January 1 and on or before February 1 ofthe 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 shallprescribe the format of the plan.
(b) A plan must apply to at least the twelve (12) budget yearsimmediately 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 natureand amount of proposed expenditures from the fund.
(2) A presumption that the minimum useful life of a school busis not less than twelve (12) years.
(3) An identification of:
(A) the source of all revenue to be dedicated to the proposedexpenditures in the upcoming budget year; and
(B) the amount of property taxes to be collected in that yearand the unexpended balance to be retained in the fund forexpenditures 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 seatingcapacity as compared with the number and type of school busesfrom the prior school year, evidence of a demand for increasedtransportation services within the school corporation. Clause(B) does not apply if contracted transportation services are notpaid 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 schoolbus. Clause (B) does not apply if contracted transportationservices are not paid from the fund.
(6) Evidence that the school corporation that seeks to acquireadditional school buses under this section is acquiring orcontracting for the school buses only for the purposes specifiedin 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 localgovernment finance shall certify its approval, disapproval, ormodification of the plan to the governing body and the countyauditor of the county. The action of the department of localgovernment 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 anamendment 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 theneeds of the school corporation.
(b) The governing body must then conduct a public hearing onand pass a resolution to adopt the amendment to the plan.
(c) The plan, as proposed to be amended, must comply with therequirements for a plan under section 8 of this chapter.
(d) An amendment to the plan is not subject to the deadlines foradoption described in section 6.1 or 7 of this chapter. However, theamendment to the plan must be submitted to the department of localgovernment finance for its consideration and is subject to approval,disapproval, or modification in accordance with the procedures foradopting 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, thegoverning body shall publish a notice of the public hearing and theproposed plan or amendment to the plan in accordance withIC 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 bondbank
Sec. 12. (a) If:
(1) a school corporation enters into a lease agreement with theIndiana bond bank for the lease of one (1) or more school busesunder IC 5-1.5-4-1(a)(5);
(2) the lease agreement conforms with the school corporation'sten (10) year school bus replacement plan approved by thedepartment of local government finance under section 9 of thischapter; and
(3) in the first full fiscal year after the effective date of the leaseagreement, there would otherwise be a reduction in the levy inan amount equal to the difference between the total purchaseprice of the bus or buses and the total rental payment due underthe lease agreement;
the levy in that fiscal year may not be reduced by the amount of thereduction.
(b) Any or all of the amount of that part of the levy may, on orbefore the end of the year of its collection, be:
(1) retained in the fund;
(2) transferred to the school transportation fund establishedunder IC 20-40-6-4; or
(3) transferred to the capital projects fund established underIC 20-40-8-6.
As added by P.L.234-2007, SEC.264.