Ind. Code § 20-46-7-8
School bus purchases or leases; exemptions from restrictions
(a) This section does not apply to the following:
(1) Bonds or lease rental agreements for which a school corporation:
- (A) after June 30, 2008, makes a preliminary determination as described in IC 6-1.1-20-3.1 or IC 6-1.1-20-3.5 or a decision as described in IC 6-1.1-20-5 ; or
- (B) in the case of bonds or lease rental agreements not subject to IC 6-1.1-20-3.1 , IC 6-1.1-20-3.5 , or IC 6-1.1-20-5 , adopts a resolution or ordinance authorizing the bonds or lease rental agreement after June 30, 2008.
- (2) Repayment from the debt service fund of loans made after June 30, 2008, for the purchase of school buses under IC 20-27-4-5 .
(b) A school corporation must file a petition requesting approval from the department of local government finance to:
- (1) incur bond indebtedness;
- (2) enter into a lease rental agreement; or
(3) repay from the debt service fund loans made for the purchase of school buses under IC 20-27-4-5 ;
not later than twenty-four (24) months after the first date of publication of notice of a preliminary determination under IC 6-1.1-20-3.1 (b)(2), unless the school corporation demonstrates that a longer period is reasonable in light of the school corporation's facts and circumstances.
(c) A school corporation must obtain approval from the department of local government finance before the school corporation may:
- (1) incur the indebtedness;
- (2) enter into the lease agreement; or
- (3) repay the school bus purchase loan.
- (d) This restriction does not apply to property taxes that a school corporation levies to pay or fund bond or lease rental indebtedness created or incurred before July 1, 1974. In addition, this restriction does not apply to a lease agreement or a purchase agreement entered into between a school corporation and the Indiana bond bank for the lease or purchase of a school bus under IC 5-1.5-4-1 (a)(5), if the lease agreement or purchase agreement conforms with the school corporation's school bus replacement plan.
(e) This section does not apply to school bus purchase loans made by a school corporation that will be repaid solely from the operations fund of the school corporation.
[Pre-2006 Recodification Citations: subsections (a), (b), (c) formerly 6-1.1-19-8(a); subsection (d) formerly 6-1.1-19-8(e).]
As added by P.L.2-2006, SEC.169. Amended by P.L.192-2006, SEC.11; P.L.224-2007, SEC.116; P.L.146-2008, SEC.509; P.L.246-2017, SEC.10; P.L.244-2017, SEC.104; P.L.140-2018, SEC.21.