Bill Text: IN HB1134 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School transportation.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [HB1134 Detail]

Download: Indiana-2012-HB1134-Introduced.html


Introduced Version






HOUSE BILL No. 1134

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-27; IC 20-46-5.

Synopsis: Various education matters. Provides that no fee may be charged to a parent or student for transportation to and from school if a school corporation provides transportation or contracts with an educational service center to provide transportation. Requires the state school bus committee to establish minimum standards requiring periodic sampling of drive train lubricants and cooling system fluids for school buses and special purpose buses. Specifies that the necessity for replacing a school bus must be documented based on the periodic sampling of drive train lubricants and cooling system fluids. Makes technical corrections.

Effective: July 1, 2012.





Speedy, DeLaney




    January 6, 2012, read first time and referred to Committee on Education.







Introduced

Second Regular Session 117th General Assembly (2012)


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 this style type.
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HOUSE BILL No. 1134



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-27-5-2; (12)IN1134.1.1. -->     SECTION 1. IC 20-27-5-2, AS ADDED BY P.L.1-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The governing body of a school corporation may provide transportation for students to and from school.
     (b) If the governing body of a school corporation:
        (1) provides transportation; or
        (2) contracts with an educational service center (as defined by IC 20-20-1-2) to provide transportation;
no fee may be charged to a parent or student for transportation to and from school.

SOURCE: IC 20-27-7-9.5; (12)IN1134.1.2. -->     SECTION 2. IC 20-27-7-9.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9.5. The committee shall establish minimum standards requiring periodic sampling of drive train lubricants and cooling system fluids for school buses and special purpose buses in accordance with ASTM standards by an operator certified by the International Organization for Standardization.
SOURCE: IC 20-46-5-8; (12)IN1134.1.3. -->     SECTION 3. IC 20-46-5-8, AS AMENDED BY P.L.146-2008, SECTION 506, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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.
SOURCE: IC 20-46-5-12; (12)IN1134.1.4. -->     SECTION 4. IC 20-46-5-12, AS ADDED BY P.L.234-2007, SECTION 264, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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) twelve (12) 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.

SOURCE: IC 20-46-5-13; (12)IN1134.1.5. -->     SECTION 5. IC 20-46-5-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. Except as otherwise provided, the following apply to any expenditure from the fund:
        (1) The necessity for replacing a school bus must be documented based on the periodic sampling of drive train lubricants and cooling system fluids under IC 20-27-7-9.5.

         (2) If a 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, the school corporation must provide evidence of a demand for increased transportation services within the school corporation.
        (3) If a 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;
        the school corporation must provide evidence that the need exists for the replacement of the school bus.
        (4) A school corporation that seeks to acquire or contract for

additional school buses under this section must provide evidence that the school corporation is acquiring or contracting for the school buses only for the purposes specified in subdivision (2) or for replacement purposes.

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