This text of Indiana § 20-40-18-9 (School bus replacement plan; make available on the department of
local government's computer gateway; adoption; amendment; hearings) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Before a school corporation may use
money in the operations fund for replacing school buses, a resolution
approving the school bus replacement plan or amended plan must be
submitted to the department of local government finance.
(b)The department of local government finance shall prescribe the
format of the plan. A plan must apply to at least the five (5) budget
years immediately following the year the plan is adopted and include
at least the following:
(1)An estimate for each year to which it applies of the nature and
amount of proposed expenditures from the fund.
(2)If the school corporation is seeking to:
(B)contract for transportation services that will provide;
additional school buses or school buses with a larger seating
capacity as compared with the number an
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(a) Before a school corporation may use
money in the operations fund for replacing school buses, a resolution
approving the school bus replacement plan or amended plan must be
submitted to the department of local government finance.
(b) The department of local government finance shall prescribe the
format of the plan. A plan must apply to at least the five (5) budget
years immediately following the year the plan is adopted and include
at least the following:
(1) An estimate for each year to which it applies of the nature and
amount of proposed expenditures from the fund.
(2) 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.
(3) If the school corporation is seeking to require a contractor to
replace a school bus, evidence that the need exists for the
replacement of the school bus. This subdivision does not apply if
contracted transportation services are not paid from the operations
fund.
(4) 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 (2) or for replacement purposes.
(c) If a school corporation wants to use money in the operations
fund during the year to pay for school bus replacement, the governing
body must adopt a resolution approving the bus replacement plan or
amended plan. The school corporation shall post the proposed plan or
proposed amended plan on the school corporation's Internet web site
before the hearing. The governing body must hold a hearing on the
adoption of the resolution as follows:
(1) For a school corporation that has not elected to adopt a budget
under IC 6-1.1-17-5.6 or for which a resolution adopted under IC 6-1.1-17-5.6(d) is in effect, the school corporation must hold the
hearing and adopt the resolution after January 1 and not later than
November 1 of the immediately preceding year.
(2) For a school corporation that elects to adopt a budget under IC 6-1.1-17-5.6, the school corporation must hold the hearing and
adopt the resolution after January 1 and not later than April 1 of
the immediately preceding school fiscal year.
The governing body shall submit the proposed school bus replacement
plan or amended plan to the department of local government finance's
computer gateway at least ten (10) days before the hearing on the
adoption of the resolution. The department of local government finance
shall make the proposed plan available to taxpayers, at least ten (10)
days before the hearing, through the department's computer gateway.
The department of local government finance's computer gateway must
allow a taxpayer to search for the proposed plan under this section by
the taxpayer's address. If an amendment to a bus replacement plan is
being proposed, the governing body must declare the nature of and the
need for the amendment in the resolution to adopt the amendment to
the plan. The plan, as proposed to be amended, must comply with the
requirements for a plan under this section.
(d) If a governing body adopts the resolution specified in subsection
(c), the school corporation must then submit the resolution to the
department of local government finance in the manner prescribed by
the department. In addition, the governing body shall submit the school
bus replacement plan or amended plan that is approved in the
resolution to the department of local government finance's computer
gateway not later than thirty (30) days after adoption of the resolution.
The department of local government finance shall immediately make
the adopted plan available to taxpayers through the department's
computer gateway.
(e) The operations fund must be used to pay for the replacement of
school buses, either through a purchase agreement or under a lease
agreement.
(f) Before the last Thursday in August in the year preceding the first
school year in which a proposed contract commences, the governing
body of a school corporation may elect to designate a part of a:
(1) transportation contract (as defined in IC 20-27-2-12);
(2) fleet contract (as defined in IC 20-27-2-5); or
(3) common carrier contract (as defined in IC 20-27-2-3);
as an expenditure payable from the fund. An election under this
subsection must be included in the resolution approving the school bus
replacement plan or amended plan. The election applies throughout the
term of the contract.
(g) The amount that may be paid from the fund under this section in
a school year is equal to the fair market lease value in the school year
of each school bus, school bus chassis, or school bus body used under
the contract, as substantiated by invoices, depreciation schedules, and
other documented information available to the school corporation.
(h) The allocation of costs under this section to the fund must
comply with the accounting standards prescribed by the state board of
accounts.