2010 Indiana Code
TITLE 6. TAXATION
ARTICLE 1.1. PROPERTY TAXES
CHAPTER 20. PROCEDURES FOR ISSUANCE OF BONDS AND OTHER EVIDENCES OF INDEBTEDNESS BY POLITICAL SUBDIVISIONS
IC 6-1.1-20
Chapter 20. Procedures for Issuance of Bonds and Other
Evidences of Indebtedness by Political Subdivisions
IC 6-1.1-20-1
"Bonds" defined
Sec. 1. For purposes of this chapter, the term "bonds" means any
bonds or other evidences of indebtedness payable from property
taxes, but does not include:
(1) notes representing loans under IC 36-2-6-18, IC 36-3-4-22,
IC 36-4-6-20, or IC 36-5-2-11 which are payable within five (5)
years after issuance;
(2) warrants representing temporary loans which are payable
out of taxes levied and in the course of collection;
(3) a lease;
(4) obligations; or
(5) funding, refunding, or judgment funding bonds of political
subdivisions.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.37-1988,
SEC.8; P.L.25-1995, SEC.39; P.L.146-2008, SEC.187.
IC 6-1.1-20-1.1
"Controlled project" defined
Sec. 1.1. As used in this chapter, "controlled project" means any
project financed by bonds or a lease, except for the following:
(1) A project for which the political subdivision reasonably
expects to pay:
(A) debt service; or
(B) lease rentals;
from funds other than property taxes that are exempt from the
levy limitations of IC 6-1.1-18.5 or (before January 1, 2009)
IC 20-45-3. A project is not a controlled project even though the
political subdivision has pledged to levy property taxes to pay
the debt service or lease rentals if those other funds are
insufficient.
(2) A project that will not cost the political subdivision more
than the lesser of the following:
(A) Two million dollars ($2,000,000).
(B) An amount equal to one percent (1%) of the total gross
assessed value of property within the political subdivision on
the last assessment date, if that amount is at least one million
dollars ($1,000,000).
(3) A project that is being refinanced for the purpose of
providing gross or net present value savings to taxpayers.
(4) A project for which bonds were issued or leases were
entered into before January 1, 1996, or where the state board of
tax commissioners has approved the issuance of bonds or the
execution of leases before January 1, 1996.
(5) A project that is required by a court order holding that a
federal law mandates the project.
(6) A project that:
(A) is in response to:
(i) a natural disaster;
(ii) an accident; or
(iii) an emergency;
in the political subdivision that makes a building or facility
unavailable for its intended use; and
(B) is approved by the county council of each county in
which the political subdivision is located.
(7) A project that was not a controlled project under this section
as in effect on June 30, 2008, and for which:
(A) the bonds or lease for the project were issued or entered
into before July 1, 2008; or
(B) the issuance of the bonds or the execution of the lease
for the project was approved by the department of local
government finance before July 1, 2008.
As added by P.L.25-1995, SEC.40. Amended by P.L.178-2002,
SEC.30; P.L.2-2006, SEC.51; P.L.146-2008, SEC.188.
IC 6-1.1-20-1.2
"Debt service" defined
Sec. 1.2. As used in this chapter, "debt service" means principal
of and interest on bonds. The term includes the repayment of an
advance from the common school fund under IC 20-49-4-8.
As added by P.L.25-1995, SEC.41. Amended by P.L.2-2006, SEC.52.
IC 6-1.1-20-1.3
"Lease" defined
Sec. 1.3. As used in this chapter, "lease" means a lease by a
political subdivision of any project with lease rentals payable from
property taxes that are exempt from the levy limitations of
IC 6-1.1-18.5 or (before January 1, 2009) IC 20-45-3.
As added by P.L.25-1995, SEC.42. Amended by P.L.2-2006, SEC.53;
P.L.146-2008, SEC.189.
IC 6-1.1-20-1.4
"Lease rentals" defined
Sec. 1.4. As used in this chapter, "lease rentals" means the
payments required under a lease.
As added by P.L.25-1995, SEC.43.
IC 6-1.1-20-1.5
"Obligations" defined
Sec. 1.5. As used in this chapter, "obligations" refers to a contract
or promise to pay of a political subdivision that would be considered
a bond or lease under this chapter but for the fact that it is payable
solely from funds other than property taxes.
As added by P.L.25-1995, SEC.44.
IC 6-1.1-20-1.6
"Property taxes" defined
Sec. 1.6. As used in this chapter, "property taxes" means a
property tax rate or levy to pay debt service or to pay lease rentals,
but does not include taxes allocated for an allocation area under
IC 6-1.1-39-5, IC 8-22-3.5-9, IC 36-7-14-39, IC 36-7-15.1-26, or
IC 36-7-15.1-53.
As added by P.L.25-1995, SEC.45. Amended by P.L.102-1999,
SEC.1.
IC 6-1.1-20-1.7
"Project" defined
Sec. 1.7. As used in this chapter, "project" means any project or
purpose for which a political subdivision may issue bonds or enter
into leases, including a sale-lease back of an existing building.
As added by P.L.25-1995, SEC.46.
IC 6-1.1-20-1.8
"County voter registration office" defined
Sec. 1.8. As used in this chapter, "county voter registration office"
means the following:
(1) A board of registration established under IC 3-7-12 or by a
county executive acting under IC 3-7-12.
(2) A board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(3) The office of the circuit court clerk of a county in which a
board has not been established as described in subdivision (1)
or (2).
As added by P.L.219-2007, SEC.58.
IC 6-1.1-20-1.9
"Registered voter", "eligible voter", and "owner of property"
defined
Sec. 1.9. (a) As used in this chapter, "registered voter" means the
following:
(1) In the case of a petition under section 3.1 of this chapter to
initiate a petition and remonstrance process, an individual who
is registered to vote in the political subdivision on the date the
county voter registration board makes the determination under
section 3.1(b)(8) of this chapter regarding whether persons who
signed the petition are registered voters.
(2) In the case of:
(A) a petition under section 3.2 of this chapter in favor of the
proposed debt service or lease payments; or
(B) a remonstrance under section 3.2 of this chapter against
the proposed debt service or lease payments;
an individual who is registered to vote in the political
subdivision on the date the county voter registration board
makes the determination under section 3.2(b)(5) of this chapter
regarding whether persons who signed the petition or
remonstrance are registered voters.
(3) In the case of a petition under section 3.5 of this chapter
requesting the application of the local public question process
under section 3.6 of this chapter concerning proposed debt
service or lease payments, an individual who is registered to
vote in the political subdivision on the date the county voter
registration board makes the determination under section
3.5(b)(8) of this chapter regarding whether persons who signed
the petition are registered voters.
(b) As used in this chapter, in the case of an election on a public
question held under section 3.6 of this chapter, "eligible voter"
means an individual who:
(1) is eligible to vote in the election in the political subdivision
in which the public question will be held, as determined under
IC 3; and
(2) resides within the boundaries of the political subdivision for
which the public question is being considered.
(c) As used in this chapter, "owner of property" means a person
that owns:
(1) real property;
(2) a mobile home assessed as personal property, used as a
principal place of residence, and receiving the standard property
tax deduction under IC 6-1.1-12-37; or
(3) a manufactured home assessed as personal property, used as
a principal place of residence, and receiving the standard
property tax deduction under IC 6-1.1-12-37.
As added by P.L.219-2007, SEC.59. Amended by P.L.146-2008,
SEC.190; P.L.182-2009(ss), SEC.142; P.L.41-2010, SEC.1.
IC 6-1.1-20-2
Lease obligations and issuance of instruments authorized
Sec. 2. A political subdivision may, subject to the limitations
provided by law, issue any bonds, notes, or warrants, or enter into
any leases or obligations that it considers necessary.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.25-1995,
SEC.47.
IC 6-1.1-20-3
Repealed
(Repealed by P.L.25-1995, SEC.94.)
IC 6-1.1-20-3.1 Version a
Procedures to be completed by political subdivision before
imposing property taxes for bonds or lease for certain projects
Note: This version of section amended by P.L.41-2010, SEC.2.
See also following version of this section amended by P.L.113-2010,
SEC.33.
Sec. 3.1. (a) This section applies only to the following:
(1) A controlled project (as defined in section 1.1 of this
chapter as in effect June 30, 2008) for which the proper officers
of a political subdivision make a preliminary determination in
the manner described in subsection (b) before July 1, 2008.
(2) An elementary school building, middle school building, or
other school building for academic instruction that:
(A) is a controlled project;
(B) will be used for any combination of kindergarten through
grade 8;
(C) will not be used for any combination of grade 9 through
grade 12; and
(D) will not cost more than ten million dollars
($10,000,000).
(3) A high school building or other school building for
academic instruction that:
(A) is a controlled project;
(B) will be used for any combination of grade 9 through
grade 12;
(C) will not be used for any combination of kindergarten
through grade 8; and
(D) will not cost more than twenty million dollars
($20,000,000).
(4) Any other controlled project that:
(A) is not a controlled project described in subdivision (1),
(2), or (3); and
(B) will not cost the political subdivision more than the
lesser of the following:
(i) Twelve million dollars ($12,000,000).
(ii) An amount equal to one percent (1%) of the total gross
assessed value of property within the political subdivision
on the last assessment date, if that amount is at least one
million dollars ($1,000,000).
(b) A political subdivision may not impose property taxes to pay
debt service on bonds or lease rentals on a lease for a controlled
project without completing the following procedures:
(1) The proper officers of a political subdivision shall:
(A) publish notice in accordance with IC 5-3-1; and
(B) send notice by first class mail to any organization that
delivers to the officers, before January 1 of that year, an
annual written request for such notices;
of any meeting to consider adoption of a resolution or an
ordinance making a preliminary determination to issue bonds or
enter into a lease and shall conduct a public hearing on a
preliminary determination before adoption of the resolution or
ordinance.
(2) When the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease
for a controlled project, the officers shall give notice of the
preliminary determination by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the organizations described in
subdivision (1)(B).
(3) A notice under subdivision (2) of the preliminary
determination of the political subdivision to issue bonds or
enter into a lease for a controlled project must include the
following information:
(A) The maximum term of the bonds or lease.
(B) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(C) The estimated interest rates that will be paid and the
total interest costs associated with the bonds or lease.
(D) The purpose of the bonds or lease.
(E) A statement that any owners of property within the
political subdivision or registered voters residing within the
political subdivision who want to initiate a petition and
remonstrance process against the proposed debt service or
lease payments must file a petition that complies with
subdivisions (4) and (5) not later than thirty (30) days after
publication in accordance with IC 5-3-1.
(F) With respect to bonds issued or a lease entered into to
open:
(i) a new school facility; or
(ii) an existing facility that has not been used for at least
three (3) years and that is being reopened to provide
additional classroom space;
the estimated costs the school corporation expects to incur
annually to operate the facility.
(G) A statement of whether the school corporation expects
to appeal for a new facility adjustment (as defined in
IC 20-45-1-16 before January 1, 2009) for an increased
maximum permissible tuition support levy to pay the
estimated costs described in clause (F).
(H) The political subdivision's current debt service levy and
rate and the estimated increase to the political subdivision's
debt service levy and rate that will result if the political
subdivision issues the bonds or enters into the lease.
(4) After notice is given, a petition requesting the application of
a petition and remonstrance process may be filed by the lesser
of:
(A) one hundred (100) persons who are either owners of
property within the political subdivision or registered voters
residing within the political subdivision; or
(B) five percent (5%) of the registered voters residing within
the political subdivision.
(5) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office or the county voter registration office's
designated printer the petition forms to be used solely in the
petition process described in this section. The county voter
registration office shall issue to an owner or owners of property
within the political subdivision or a registered voter residing
within the political subdivision the number of petition forms
requested by the owner or owners or the registered voter. Each
form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of property or
registered voters;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature; and
(D) govern the closing date for the petition period.
Persons requesting forms may be required to identify
themselves as owners of property or registered voters and may
be allowed to pick up additional copies to distribute to other
owners of property or registered voters. Each person signing a
petition must indicate whether the person is signing the petition
as a registered voter within the political subdivision or is
signing the petition as the owner of property within the political
subdivision. A person who signs a petition as a registered voter
must indicate the address at which the person is registered to
vote. A person who signs a petition as an owner of property
must indicate the address of the property owned by the person
in the political subdivision.
(6) Each petition must be verified under oath by at least one (1)
qualified petitioner in a manner prescribed by the state board of
accounts before the petition is filed with the county voter
registration office under subdivision (7).
(7) Each petition must be filed with the county voter
registration office not more than thirty (30) days after
publication under subdivision (2) of the notice of the
preliminary determination.
(8) The county voter registration office shall determine whether
each person who signed the petition is a registered voter. The
county voter registration office shall not more than fifteen (15)
business days after receiving a petition forward a copy of the
petition to the county auditor. Not more than ten (10) business
days after receiving the copy of the petition, the county auditor
shall provide to the county voter registration office a statement
verifying:
(A) whether a person who signed the petition as a registered
voter but is not a registered voter, as determined by the
county voter registration office, is the owner of property in
the political subdivision; and
(B) whether a person who signed the petition as an owner of
property within the political subdivision does in fact own
property within the political subdivision.
(9) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (8) make the final determination of
the number of petitioners that are registered voters in the
political subdivision and, based on the statement provided by
the county auditor, the number of petitioners that own property
within the political subdivision. Whenever the name of an
individual who signs a petition form as a registered voter
contains a minor variation from the name of the registered voter
as set forth in the records of the county voter registration office,
the signature is presumed to be valid, and there is a presumption
that the individual is entitled to sign the petition under this
section. Except as otherwise provided in this chapter, in
determining whether an individual is a registered voter, the
county voter registration office shall apply the requirements and
procedures used under IC 3 to determine whether a person is a
registered voter for purposes of voting in an election governed
by IC 3. However, an individual is not required to comply with
the provisions concerning providing proof of identification to
be considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition only one (1) time in a
particular petition and remonstrance process under this chapter,
regardless of whether the person owns more than one (1) parcel
of real property, mobile home assessed as personal property, or
manufactured home assessed as personal property or a
combination of those types of property within the subdivision
and regardless of whether the person is both a registered voter
in the political subdivision and the owner of property within the
political subdivision. Notwithstanding any other provision of
this section, if a petition is presented to the county voter
registration office within forty-five (45) days before an election,
the county voter registration office may defer acting on the
petition, and the time requirements under this section for action
by the county voter registration office do not begin to run until
five (5) days after the date of the election.
P.L.56-1997, SEC.1; P.L.178-2002, SEC.31; P.L.1-2004, SEC.30
and P.L.23-2004, SEC.33; P.L.2-2006, SEC.54; P.L.219-2007,
SEC.60; P.L.146-2008, SEC.191; P.L.182-2009(ss), SEC.143;
P.L.41-2010, SEC.2.
(10) The county voter registration office must file a certificate
and each petition with:
(A) the township trustee, if the political subdivision is a
township, who shall present the petition or petitions to the
township board; or
(B) the body that has the authority to authorize the issuance
of the bonds or the execution of a lease, if the political
subdivision is not a township;
within thirty-five (35) business days of the filing of the petition
requesting a petition and remonstrance process. The certificate
must state the number of petitioners that are owners of property
within the political subdivision and the number of petitioners
who are registered voters residing within the political
subdivision.
If a sufficient petition requesting a petition and remonstrance process
is not filed by owners of property or registered voters as set forth in
this section, the political subdivision may issue bonds or enter into
a lease by following the provisions of law relating to the bonds to be
issued or lease to be entered into.
As added by P.L.25-1995, SEC.48. Amended by P.L.53-1996, SEC.2;
IC 6-1.1-20-3.1 Version b
Procedures required before imposing property taxes for bonds or
lease for certain projects; petition requesting initiation of petition
and remonstrance process
Note: This version of section amended by P.L.113-2010, SEC.33.
See also preceding version of this section amended by P.L.41-2010,
SEC.2.
Sec. 3.1. (a) This section applies only to the following:
(1) A controlled project (as defined in section 1.1 of this
chapter as in effect June 30, 2008) for which the proper officers
of a political subdivision make a preliminary determination in
the manner described in subsection (b) before July 1, 2008.
(2) An elementary school building, middle school building, or
other school building for academic instruction that:
(A) is a controlled project;
(B) will be used for any combination of kindergarten through
grade 8;
(C) will not be used for any combination of grade 9 through
grade 12; and
(D) will not cost more than ten million dollars
($10,000,000).
(3) A high school building or other school building for
academic instruction that:
(A) is a controlled project;
(B) will be used for any combination of grade 9 through
grade 12;
(C) will not be used for any combination of kindergarten
through grade 8; and
(D) will not cost more than twenty million dollars
($20,000,000).
(4) Any other controlled project that:
(A) is not a controlled project described in subdivision (1),
(2), or (3); and
(B) will not cost the political subdivision more than the
lesser of the following:
(i) Twelve million dollars ($12,000,000).
(ii) An amount equal to one percent (1%) of the total gross
assessed value of property within the political subdivision
on the last assessment date, if that amount is at least one
million dollars ($1,000,000).
(b) A political subdivision may not impose property taxes to pay
debt service on bonds or lease rentals on a lease for a controlled
project without completing the following procedures:
(1) The proper officers of a political subdivision shall:
(A) publish notice in accordance with IC 5-3-1; and
(B) send notice by first class mail to the circuit court clerk
and to any organization that delivers to the officers, before
January 1 of that year, an annual written request for such
notices;
of any meeting to consider adoption of a resolution or an
ordinance making a preliminary determination to issue bonds or
enter into a lease and shall conduct a public hearing on a
preliminary determination before adoption of the resolution or
ordinance.
(2) When the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease
for a controlled project, the officers shall give notice of the
preliminary determination by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the circuit court clerk and to the
organizations described in subdivision (1)(B).
(3) A notice under subdivision (2) of the preliminary
determination of the political subdivision to issue bonds or
enter into a lease for a controlled project must include the
following information:
(A) The maximum term of the bonds or lease.
(B) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(C) The estimated interest rates that will be paid and the
total interest costs associated with the bonds or lease.
(D) The purpose of the bonds or lease.
(E) A statement that any owners of real property within the
political subdivision or registered voters residing within the
political subdivision who want to initiate a petition and
remonstrance process against the proposed debt service or
lease payments must file a petition that complies with
subdivisions (4) and (5) not later than thirty (30) days after
publication in accordance with IC 5-3-1.
(F) With respect to bonds issued or a lease entered into to
open:
(i) a new school facility; or
(ii) an existing facility that has not been used for at least
three (3) years and that is being reopened to provide
additional classroom space;
the estimated costs the school corporation expects to incur
annually to operate the facility.
(G) A statement of whether the school corporation expects
to appeal for a new facility adjustment (as defined in
IC 20-45-1-16 before January 1, 2009) for an increased
maximum permissible tuition support levy to pay the
estimated costs described in clause (F).
(H) The political subdivision's current debt service levy and
rate and the estimated increase to the political subdivision's
debt service levy and rate that will result if the political
subdivision issues the bonds or enters into the lease.
(4) After notice is given, a petition requesting the application of
a petition and remonstrance process may be filed by the lesser
of:
(A) one hundred (100) persons who are either owners of real
property within the political subdivision or registered voters
residing within the political subdivision; or
(B) five percent (5%) of the registered voters residing within
the political subdivision.
(5) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office or the county voter registration office's
designated printer the petition forms to be used solely in the
petition process described in this section. The county voter
registration office shall issue to an owner or owners of real
property within the political subdivision or a registered voter
residing within the political subdivision the number of petition
forms requested by the owner or owners or the registered voter.
Each form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of real property
or registered voters;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature; and
(D) govern the closing date for the petition period.
Persons requesting forms may be required to identify
themselves as owners of real property or registered voters and
may be allowed to pick up additional copies to distribute to
other property owners or registered voters. Each person signing
a petition must indicate whether the person is signing the
petition as a registered voter within the political subdivision or
is signing the petition as the owner of real property within the
political subdivision. A person who signs a petition as a
registered voter must indicate the address at which the person
is registered to vote. A person who signs a petition as a real
property owner must indicate the address of the real property
owned by the person in the political subdivision.
(6) Each petition must be verified under oath by at least one (1)
qualified petitioner in a manner prescribed by the state board of
accounts before the petition is filed with the county voter
registration office under subdivision (7).
(7) Each petition must be filed with the county voter
registration office not more than thirty (30) days after
publication under subdivision (2) of the notice of the
preliminary determination.
(8) The county voter registration office shall determine whether
each person who signed the petition is a registered voter. The
county voter registration office shall not more than fifteen (15)
business days after receiving a petition forward a copy of the
petition to the county auditor. Not more than ten (10) business
days after receiving the copy of the petition, the county auditor
shall provide to the county voter registration office a statement
verifying:
(A) whether a person who signed the petition as a registered
voter but is not a registered voter, as determined by the
county voter registration office, is the owner of real property
in the political subdivision; and
(B) whether a person who signed the petition as an owner of
real property within the political subdivision does in fact
own real property within the political subdivision.
(9) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (8) make the final determination of
the number of petitioners that are registered voters in the
political subdivision and, based on the statement provided by
the county auditor, the number of petitioners that own real
property within the political subdivision. Whenever the name of
an individual who signs a petition form as a registered voter
contains a minor variation from the name of the registered voter
as set forth in the records of the county voter registration office,
the signature is presumed to be valid, and there is a presumption
that the individual is entitled to sign the petition under this
section. Except as otherwise provided in this chapter, in
determining whether an individual is a registered voter, the
county voter registration office shall apply the requirements and
procedures used under IC 3 to determine whether a person is a
registered voter for purposes of voting in an election governed
by IC 3. However, an individual is not required to comply with
the provisions concerning providing proof of identification to
be considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition only one (1) time in a
particular petition and remonstrance process under this chapter,
regardless of whether the person owns more than one (1) parcel
of real property within the subdivision and regardless of
whether the person is both a registered voter in the political
subdivision and the owner of real property within the political
subdivision. Notwithstanding any other provision of this
section, if a petition is presented to the county voter registration
office within forty-five (45) days before an election, the county
voter registration office may defer acting on the petition, and
the time requirements under this section for action by the
county voter registration office do not begin to run until five (5)
days after the date of the election.
(10) The county voter registration office must file a certificate
and each petition with:
(A) the township trustee, if the political subdivision is a
township, who shall present the petition or petitions to the
township board; or
(B) the body that has the authority to authorize the issuance
of the bonds or the execution of a lease, if the political
subdivision is not a township;
within thirty-five (35) business days of the filing of the petition
requesting a petition and remonstrance process. The certificate
must state the number of petitioners that are owners of real
property within the political subdivision and the number of
petitioners who are registered voters residing within the
political subdivision.
If a sufficient petition requesting a petition and remonstrance process
is not filed by owners of real property or registered voters as set forth
in this section, the political subdivision may issue bonds or enter into
a lease by following the provisions of law relating to the bonds to be
issued or lease to be entered into.
As added by P.L.25-1995, SEC.48. Amended by P.L.53-1996, SEC.2;
P.L.56-1997, SEC.1; P.L.178-2002, SEC.31; P.L.1-2004, SEC.30
and P.L.23-2004, SEC.33; P.L.2-2006, SEC.54; P.L.219-2007,
SEC.60; P.L.146-2008, SEC.191; P.L.182-2009(ss), SEC.143;
P.L.113-2010, SEC.33.
IC 6-1.1-20-3.2 Version a
Petition and remonstrance process for bonds or lease for certain
projects
Note: This version of section amended by P.L.41-2010, SEC.3.
See also following version of this section amended by P.L.113-2010,
SEC.34.
Sec. 3.2. (a) This section applies only to controlled projects
described in section 3.1(a) of this chapter.
(b) If a sufficient petition requesting the application of a petition
and remonstrance process has been filed as set forth in section 3.1 of
this chapter, a political subdivision may not impose property taxes to
pay debt service on bonds or lease rentals on a lease for a controlled
project without completing the following procedures:
(1) The proper officers of the political subdivision shall give
notice of the applicability of the petition and remonstrance
process by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the organizations described in section
3.1(b)(1)(B) of this chapter.
A notice under this subdivision must include a statement that
any owners of property within the political subdivision or
registered voters residing within the political subdivision who
want to petition in favor of or remonstrate against the proposed
debt service or lease payments must file petitions and
remonstrances in compliance with subdivisions (2) through (4)
not earlier than thirty (30) days or later than sixty (60) days
after publication in accordance with IC 5-3-1.
(2) Not earlier than thirty (30) days or later than sixty (60) days
after the notice under subdivision (1) is given:
(A) petitions (described in subdivision (3)) in favor of the
bonds or lease; and
(B) remonstrances (described in subdivision (3)) against the
bonds or lease;
may be filed by an owner or owners of property within the
political subdivision or a registered voter residing within the
political subdivision. Each signature on a petition must be
dated, and the date of signature may not be before the date on
which the petition and remonstrance forms may be issued under
subdivision (3). A petition described in clause (A) or a
remonstrance described in clause (B) must be verified in
compliance with subdivision (4) before the petition or
remonstrance is filed with the county voter registration office
under subdivision (4).
(3) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office or the county voter registration office's
designated printer the petition and remonstrance forms to be
used solely in the petition and remonstrance process described
in this section. The county voter registration office shall issue
to an owner or owners of property within the political
subdivision or a registered voter residing within the political
subdivision the number of petition or remonstrance forms
requested by the owner or owners or the registered voter. Each
form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of property or
registered voters;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature;
(D) govern the closing date for the petition and remonstrance
period; and
(E) apply to the carrier under section 10 of this chapter.
Persons requesting forms may be required to identify
themselves as owners of property or registered voters and may
be allowed to pick up additional copies to distribute to other
owners of property or registered voters. Each person signing a
petition or remonstrance must indicate whether the person is
signing the petition or remonstrance as a registered voter within
the political subdivision or is signing the petition or
remonstrance as the owner of property within the political
subdivision. A person who signs a petition or remonstrance as
a registered voter must indicate the address at which the person
is registered to vote. A person who signs a petition or
remonstrance as an owner of property must indicate the address
of the property owned by the person in the political subdivision.
The county voter registration office may not issue a petition or
remonstrance form earlier than twenty-nine (29) days after the
notice is given under subdivision (1). The county voter
registration office shall certify the date of issuance on each
petition or remonstrance form that is distributed under this
subdivision.
(4) The petitions and remonstrances must be verified in the
manner prescribed by the state board of accounts and filed with
the county voter registration office within the sixty (60) day
period described in subdivision (2) in the manner set forth in
section 3.1 of this chapter relating to requests for a petition and
remonstrance process.
(5) The county voter registration office shall determine whether
each person who signed the petition or remonstrance is a
registered voter. The county voter registration office shall not
more than fifteen (15) business days after receiving a petition
or remonstrance forward a copy of the petition or remonstrance
to the county auditor. Not more than ten (10) business days
after receiving the copy of the petition or remonstrance, the
county auditor shall provide to the county voter registration
office a statement verifying:
(A) whether a person who signed the petition or
remonstrance as a registered voter but is not a registered
voter, as determined by the county voter registration office,
is the owner of property in the political subdivision; and
(B) whether a person who signed the petition or
remonstrance as an owner of property within the political
subdivision does in fact own property within the political
subdivision.
(6) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (5) make the final determination of:
(A) the number of registered voters in the political
subdivision that signed a petition and, based on the
statement provided by the county auditor, the number of
owners of property within the political subdivision that
signed a petition; and
(B) the number of registered voters in the political
subdivision that signed a remonstrance and, based on the
statement provided by the county auditor, the number of
owners of property within the political subdivision that
signed a remonstrance.
Whenever the name of an individual who signs a petition or
remonstrance as a registered voter contains a minor variation
from the name of the registered voter as set forth in the records
of the county voter registration office, the signature is presumed
to be valid, and there is a presumption that the individual is
entitled to sign the petition or remonstrance under this section.
Except as otherwise provided in this chapter, in determining
whether an individual is a registered voter, the county voter
registration office shall apply the requirements and procedures
used under IC 3 to determine whether a person is a registered
voter for purposes of voting in an election governed by IC 3.
However, an individual is not required to comply with the
provisions concerning providing proof of identification to be
considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition or remonstrance only one (1)
time in a particular petition and remonstrance process under this
chapter, regardless of whether the person owns more than one
(1) parcel of real property, mobile home assessed as personal
property, or manufactured home assessed as personal property
or a combination of those types of property within the
subdivision and regardless of whether the person is both a
registered voter in the political subdivision and the owner of
property within the political subdivision. Notwithstanding any
other provision of this section, if a petition or remonstrance is
presented to the county voter registration office within
forty-five (45) days before an election, the county voter
registration office may defer acting on the petition or
remonstrance, and the time requirements under this section for
action by the county voter registration office do not begin to run
until five (5) days after the date of the election.
(7) The county voter registration office must file a certificate
and the petition or remonstrance with the body of the political
subdivision charged with issuing bonds or entering into leases
within thirty-five (35) business days of the filing of a petition
or remonstrance under subdivision (4), whichever applies,
containing ten thousand (10,000) signatures or less. The county
voter registration office may take an additional five (5) days to
review and certify the petition or remonstrance for each
additional five thousand (5,000) signatures up to a maximum of
sixty (60) days. The certificate must state the number of
petitioners and remonstrators that are owners of property within
the political subdivision and the number of petitioners who are
registered voters residing within the political subdivision.
(8) If a greater number of persons who are either owners of
property within the political subdivision or registered voters
residing within the political subdivision sign a remonstrance
than the number that signed a petition, the bonds petitioned for
may not be issued or the lease petitioned for may not be entered
into. The proper officers of the political subdivision may not
make a preliminary determination to issue bonds or enter into
a lease for the controlled project defeated by the petition and
remonstrance process under this section or any other controlled
project that is not substantially different within one (1) year
after the date of the county voter registration office's certificate
under subdivision (7). Withdrawal of a petition carries the same
consequences as a defeat of the petition.
(9) After a political subdivision has gone through the petition
and remonstrance process set forth in this section, the political
subdivision is not required to follow any other remonstrance or
objection procedures under any other law (including section 5
of this chapter) relating to bonds or leases designed to protect
owners of property within the political subdivision from the
imposition of property taxes to pay debt service or lease rentals.
However, the political subdivision must still receive the
approval of the department of local government finance if
required by:
(A) IC 6-1.1-18.5-8; or
(B) IC 20-46-7-8, IC 20-46-7-9, and IC 20-46-7-10.
As added by P.L.25-1995, SEC.49. Amended by P.L.53-1996, SEC.3;
P.L.54-1996, SEC.1; P.L.2-1997, SEC.20; P.L.56-1997, SEC.2;
P.L.2-1998, SEC.20; P.L.90-2002, SEC.192; P.L.178-2002, SEC.32;
P.L.1-2004, SEC.31 and P.L.23-2004, SEC.34; P.L.2-2006, SEC.55;
P.L.219-2007, SEC.61; P.L.224-2007, SEC.31; P.L.3-2008, SEC.47;
P.L.146-2008, SEC.192; P.L.182-2009(ss), SEC.144; P.L.41-2010,
SEC.3.
IC 6-1.1-20-3.2 Version b
Petition and remonstrance process for bonds or lease for certain
projects
Note: This version of section amended by P.L.113-2010, SEC.34.
See also preceding version of this section amended by P.L.41-2010,
SEC.3.
Sec. 3.2. (a) This section applies only to controlled projects
described in section 3.1(a) of this chapter.
(b) If a sufficient petition requesting the application of a petition
and remonstrance process has been filed as set forth in section 3.1 of
this chapter, a political subdivision may not impose property taxes to
pay debt service on bonds or lease rentals on a lease for a controlled
project without completing the following procedures:
(1) The proper officers of the political subdivision shall give
notice of the applicability of the petition and remonstrance
process by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the circuit court clerk and to the
organizations described in section 3.1(b)(1)(B) of this
chapter.
A notice under this subdivision must include a statement that
any owners of real property within the political subdivision or
registered voters residing within the political subdivision who
want to petition in favor of or remonstrate against the proposed
debt service or lease payments must file petitions and
remonstrances in compliance with subdivisions (2) through (4)
not earlier than thirty (30) days or later than sixty (60) days
after publication in accordance with IC 5-3-1.
(2) Not earlier than thirty (30) days or later than sixty (60) days
after the notice under subdivision (1) is given:
(A) petitions (described in subdivision (3)) in favor of the
bonds or lease; and
(B) remonstrances (described in subdivision (3)) against the
bonds or lease;
may be filed by an owner or owners of real property within the
political subdivision or a registered voter residing within the
political subdivision. Each signature on a petition must be
dated, and the date of signature may not be before the date on
which the petition and remonstrance forms may be issued under
subdivision (3). A petition described in clause (A) or a
remonstrance described in clause (B) must be verified in
compliance with subdivision (4) before the petition or
remonstrance is filed with the county voter registration office
under subdivision (4).
(3) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office or the county voter registration office's
designated printer the petition and remonstrance forms to be
used solely in the petition and remonstrance process described
in this section. The county voter registration office shall issue
to an owner or owners of real property within the political
subdivision or a registered voter residing within the political
subdivision the number of petition or remonstrance forms
requested by the owner or owners or the registered voter. Each
form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of real property
or registered voters;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature;
(D) govern the closing date for the petition and remonstrance
period; and
(E) apply to the carrier under section 10 of this chapter.
Persons requesting forms may be required to identify
themselves as owners of real property or registered voters and
may be allowed to pick up additional copies to distribute to
other property owners or registered voters. Each person signing
a petition or remonstrance must indicate whether the person is
signing the petition or remonstrance as a registered voter within
the political subdivision or is signing the petition or
remonstrance as the owner of real property within the political
subdivision. A person who signs a petition or remonstrance as
a registered voter must indicate the address at which the person
is registered to vote. A person who signs a petition or
remonstrance as a real property owner must indicate the address
of the real property owned by the person in the political
subdivision. The county voter registration office may not issue
a petition or remonstrance form earlier than twenty-nine (29)
days after the notice is given under subdivision (1). The county
voter registration office shall certify the date of issuance on
each petition or remonstrance form that is distributed under this
subdivision.
(4) The petitions and remonstrances must be verified in the
manner prescribed by the state board of accounts and filed with
the county voter registration office within the sixty (60) day
period described in subdivision (2) in the manner set forth in
section 3.1 of this chapter relating to requests for a petition and
remonstrance process.
(5) The county voter registration office shall determine whether
each person who signed the petition or remonstrance is a
registered voter. The county voter registration office shall not
more than fifteen (15) business days after receiving a petition
or remonstrance forward a copy of the petition or remonstrance
to the county auditor. Not more than ten (10) business days
after receiving the copy of the petition or remonstrance, the
county auditor shall provide to the county voter registration
office a statement verifying:
(A) whether a person who signed the petition or
remonstrance as a registered voter but is not a registered
voter, as determined by the county voter registration office,
is the owner of real property in the political subdivision; and
(B) whether a person who signed the petition or
remonstrance as an owner of real property within the
political subdivision does in fact own real property within
the political subdivision.
(6) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (5) make the final determination of:
(A) the number of registered voters in the political
subdivision that signed a petition and, based on the
statement provided by the county auditor, the number of
owners of real property within the political subdivision that
signed a petition; and
(B) the number of registered voters in the political
subdivision that signed a remonstrance and, based on the
statement provided by the county auditor, the number of
owners of real property within the political subdivision that
signed a remonstrance.
Whenever the name of an individual who signs a petition or
remonstrance as a registered voter contains a minor variation
from the name of the registered voter as set forth in the records
of the county voter registration office, the signature is presumed
to be valid, and there is a presumption that the individual is
entitled to sign the petition or remonstrance under this section.
Except as otherwise provided in this chapter, in determining
whether an individual is a registered voter, the county voter
registration office shall apply the requirements and procedures
used under IC 3 to determine whether a person is a registered
voter for purposes of voting in an election governed by IC 3.
However, an individual is not required to comply with the
provisions concerning providing proof of identification to be
considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition or remonstrance only one (1)
time in a particular petition and remonstrance process under this
chapter, regardless of whether the person owns more than one
(1) parcel of real property within the subdivision and regardless
of whether the person is both a registered voter in the political
subdivision and the owner of real property within the political
subdivision. Notwithstanding any other provision of this
section, if a petition or remonstrance is presented to the county
voter registration office within forty-five (45) days before an
election, the county voter registration office may defer acting on
the petition or remonstrance, and the time requirements under
this section for action by the county voter registration office do
not begin to run until five (5) days after the date of the election.
(7) The county voter registration office must file a certificate
and the petition or remonstrance with the body of the political
subdivision charged with issuing bonds or entering into leases
within thirty-five (35) business days of the filing of a petition
or remonstrance under subdivision (4), whichever applies,
containing ten thousand (10,000) signatures or less. The county
voter registration office may take an additional five (5) days to
review and certify the petition or remonstrance for each
additional five thousand (5,000) signatures up to a maximum of
sixty (60) days. The certificate must state the number of
petitioners and remonstrators that are owners of real property
within the political subdivision and the number of petitioners
who are registered voters residing within the political
subdivision.
(8) If a greater number of persons who are either owners of real
property within the political subdivision or registered voters
residing within the political subdivision sign a remonstrance
than the number that signed a petition, the bonds petitioned for
may not be issued or the lease petitioned for may not be entered
into. The proper officers of the political subdivision may not
make a preliminary determination to issue bonds or enter into
a lease for the controlled project defeated by the petition and
remonstrance process under this section or any other controlled
project that is not substantially different within one (1) year
after the date of the county voter registration office's certificate
under subdivision (7). Withdrawal of a petition carries the same
consequences as a defeat of the petition.
(9) After a political subdivision has gone through the petition
and remonstrance process set forth in this section, the political
subdivision is not required to follow any other remonstrance or
objection procedures under any other law (including section 5
of this chapter) relating to bonds or leases designed to protect
owners of real property within the political subdivision from the
imposition of property taxes to pay debt service or lease rentals.
However, the political subdivision must still receive the
approval of the department of local government finance if
required by:
(A) IC 6-1.1-18.5-8; or
(B) IC 20-46-7-8, IC 20-46-7-9, and IC 20-46-7-10.
As added by P.L.25-1995, SEC.49. Amended by P.L.53-1996, SEC.3;
P.L.54-1996, SEC.1; P.L.2-1997, SEC.20; P.L.56-1997, SEC.2;
P.L.2-1998, SEC.20; P.L.90-2002, SEC.192; P.L.178-2002, SEC.32;
P.L.1-2004, SEC.31 and P.L.23-2004, SEC.34; P.L.2-2006, SEC.55;
P.L.219-2007, SEC.61; P.L.224-2007, SEC.31; P.L.3-2008, SEC.47;
P.L.146-2008, SEC.192; P.L.182-2009(ss), SEC.144; P.L.113-2010,
SEC.34.
IC 6-1.1-20-3.3
Applicability of other statutes to imposition of property taxes
Sec. 3.3. Notwithstanding any other law, a political subdivision
may issue or enter into obligations under any statute that requires or
permits the imposition of property taxes to pay debt service or lease
rentals without pledging to impose property taxes, if necessary, to
pay the debt service or lease rentals. If the proper officers of a
political subdivision determine to use revenues other than property
taxes to pay obligations without pledging to impose property taxes
for that purpose, provisions of any other statute relating to
controlling property taxes do not apply to the issuance of or entering
into the obligations.
As added by P.L.25-1995, SEC.50.
IC 6-1.1-20-3.4
Repealed
(Repealed by P.L.146-2008, SEC.801.)
IC 6-1.1-20-3.5
Procedures required before imposing property taxes for bonds or
lease for certain projects; petition requesting initiation of
referendum
Sec. 3.5. (a) This section applies only to a controlled project that
meets the following conditions:
(1) The controlled project is described in one (1) of the
following categories:
(A) An elementary school building, middle school building,
or other school building for academic instruction that:
(i) will be used for any combination of kindergarten
through grade 8;
(ii) will not be used for any combination of grade 9
through grade 12; and
(iii) will cost more than ten million dollars ($10,000,000).
(B) A high school building or other school building for
academic instruction that:
(i) will be used for any combination of grade 9 through
grade 12;
(ii) will not be used for any combination of kindergarten
through grade 8; and
(iii) will cost more than twenty million dollars
($20,000,000).
(C) Any other controlled project that:
(i) is not a controlled project described in clause (A) or
(B); and
(ii) will cost the political subdivision more than the lesser
of twelve million dollars ($12,000,000) or an amount
equal to one percent (1%) of the total gross assessed value
of property within the political subdivision on the last
assessment date (if that amount is at least one million
dollars ($1,000,000)).
(2) The proper officers of the political subdivision make a
preliminary determination after June 30, 2008, in the manner
described in subsection (b) to issue bonds or enter into a lease
for the controlled project.
(b) A political subdivision may not impose property taxes to pay
debt service on bonds or lease rentals on a lease for a controlled
project without completing the following procedures:
(1) The proper officers of a political subdivision shall publish
notice in accordance with IC 5-3-1 and send notice by first class
mail to the circuit court clerk and to any organization that
delivers to the officers, before January 1 of that year, an annual
written request for notices of any meeting to consider the
adoption of an ordinance or a resolution making a preliminary
determination to issue bonds or enter into a lease and shall
conduct a public hearing on the preliminary determination
before adoption of the ordinance or resolution. The political
subdivision must make the following information available to
the public at the public hearing on the preliminary
determination, in addition to any other information required by
law:
(A) The result of the political subdivision's current and
projected annual debt service payments divided by the net
assessed value of taxable property within the political
subdivision.
(B) The result of:
(i) the sum of the political subdivision's outstanding long
term debt plus the outstanding long term debt of other
taxing units that include any of the territory of the political
subdivision; divided by
(ii) the net assessed value of taxable property within the
political subdivision.
(C) The information specified in subdivision (3)(A) through
(3)(G).
(2) If the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease,
the officers shall give notice of the preliminary determination
by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the circuit court clerk and to the
organizations described in subdivision (1).
(3) A notice under subdivision (2) of the preliminary
determination of the political subdivision to issue bonds or
enter into a lease must include the following information:
(A) The maximum term of the bonds or lease.
(B) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(C) The estimated interest rates that will be paid and the
total interest costs associated with the bonds or lease.
(D) The purpose of the bonds or lease.
(E) A statement that the proposed debt service or lease
payments must be approved in an election on a local public
question held under section 3.6 of this chapter.
(F) With respect to bonds issued or a lease entered into to
open:
(i) a new school facility; or
(ii) an existing facility that has not been used for at least
three (3) years and that is being reopened to provide
additional classroom space;
the estimated costs the school corporation expects to
annually incur to operate the facility.
(G) The political subdivision's current debt service levy and
rate and the estimated increase to the political subdivision's
debt service levy and rate that will result if the political
subdivision issues the bonds or enters into the lease.
(H) The information specified in subdivision (1)(A) through
(1)(B).
(4) After notice is given, a petition requesting the application of
the local public question process under section 3.6 of this
chapter may be filed by the lesser of:
(A) one hundred (100) persons who are either owners of
property within the political subdivision or registered voters
residing within the political subdivision; or
(B) five percent (5%) of the registered voters residing within
the political subdivision.
(5) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office or the county voter registration office's
designated printer the petition forms to be used solely in the
petition process described in this section. The county voter
registration office shall issue to an owner or owners of property
within the political subdivision or a registered voter residing
within the political subdivision the number of petition forms
requested by the owner or owners or the registered voter. Each
form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of property or
registered voters;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature; and
(D) govern the closing date for the petition period.
Persons requesting forms may be required to identify
themselves as owners of property or registered voters and may
be allowed to pick up additional copies to distribute to other
owners of property or registered voters. Each person signing a
petition must indicate whether the person is signing the petition
as a registered voter within the political subdivision or is
signing the petition as the owner of property within the political
subdivision. A person who signs a petition as a registered voter
must indicate the address at which the person is registered to
vote. A person who signs a petition as an owner of property
must indicate the address of the property owned by the person
in the political subdivision.
(6) Each petition must be verified under oath by at least one (1)
qualified petitioner in a manner prescribed by the state board of
accounts before the petition is filed with the county voter
registration office under subdivision (7).
(7) Each petition must be filed with the county voter
registration office not more than thirty (30) days after
publication under subdivision (2) of the notice of the
preliminary determination.
(8) The county voter registration office shall determine whether
each person who signed the petition is a registered voter.
However, after the county voter registration office has
determined that at least one hundred twenty-five (125) persons
who signed the petition are registered voters within the political
subdivision, the county voter registration office is not required
to verify whether the remaining persons who signed the petition
are registered voters. If the county voter registration office does
not determine that at least one hundred twenty-five (125)
persons who signed the petition are registered voters, the county
voter registration office, not more than fifteen (15) business
days after receiving a petition, shall forward a copy of the
petition to the county auditor. Not more than ten (10) business
days after receiving the copy of the petition, the county auditor
shall provide to the county voter registration office a statement
verifying:
(A) whether a person who signed the petition as a registered
voter but is not a registered voter, as determined by the
county voter registration office, is the owner of property in
the political subdivision; and
(B) whether a person who signed the petition as an owner of
property within the political subdivision does in fact own
property within the political subdivision.
(9) The county voter registration office, not more than ten (10)
business days after determining that at least one hundred
twenty-five (125) persons who signed the petition are registered
voters or after receiving the statement from the county auditor
under subdivision (8) (as applicable), shall make the final
determination of whether a sufficient number of persons have
signed the petition. Whenever the name of an individual who
signs a petition form as a registered voter contains a minor
variation from the name of the registered voter as set forth in
the records of the county voter registration office, the signature
is presumed to be valid, and there is a presumption that the
individual is entitled to sign the petition under this section.
Except as otherwise provided in this chapter, in determining
whether an individual is a registered voter, the county voter
registration office shall apply the requirements and procedures
used under IC 3 to determine whether a person is a registered
voter for purposes of voting in an election governed by IC 3.
However, an individual is not required to comply with the
provisions concerning providing proof of identification to be
considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition only one (1) time in a
particular referendum process under this chapter, regardless of
whether the person owns more than one (1) parcel of real
property, mobile home assessed as personal property, or
manufactured home assessed as personal property or a
combination of those types of property within the political
subdivision and regardless of whether the person is both a
registered voter in the political subdivision and the owner of
property within the political subdivision. Notwithstanding any
other provision of this section, if a petition is presented to the
county voter registration office within forty-five (45) days
before an election, the county voter registration office may
defer acting on the petition, and the time requirements under
this section for action by the county voter registration office do
not begin to run until five (5) days after the date of the election.
(10) The county voter registration office must file a certificate
and each petition with:
(A) the township trustee, if the political subdivision is a
township, who shall present the petition or petitions to the
township board; or
(B) the body that has the authority to authorize the issuance
of the bonds or the execution of a lease, if the political
subdivision is not a township;
within thirty-five (35) business days of the filing of the petition
requesting the referendum process. The certificate must state
the number of petitioners who are owners of property within the
political subdivision and the number of petitioners who are
registered voters residing within the political subdivision.
(11) If a sufficient petition requesting the local public question
process is not filed by owners of property or registered voters
as set forth in this section, the political subdivision may issue
bonds or enter into a lease by following the provisions of law
relating to the bonds to be issued or lease to be entered into.
(c) If the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease, the
officers shall provide to the county auditor:
(1) a copy of the notice required by subsection (b)(2); and
(2) any other information the county auditor requires to fulfill
the county auditor's duties under section 3.6 of this chapter.
As added by P.L.146-2008, SEC.193. Amended by P.L.182-2009(ss),
SEC.145; P.L.41-2010, SEC.4; P.L.113-2010, SEC.35.
IC 6-1.1-20-3.6
Referendum process for bonds or lease for certain projects
Sec. 3.6. (a) Except as provided in sections 3.7 and 3.8 of this
chapter, this section applies only to a controlled project described in
section 3.5(a) of this chapter.
(b) If a sufficient petition requesting the application of the local
public question process has been filed as set forth in section 3.5 of
this chapter, a political subdivision may not impose property taxes to
pay debt service on bonds or lease rentals on a lease for a controlled
project unless the political subdivision's proposed debt service or
lease rental is approved in an election on a local public question held
under this section.
(c) Except as provided in subsection (j), the following question
shall be submitted to the eligible voters at the election conducted
under this section:
"Shall ________ (insert the name of the political subdivision)
issue bonds or enter into a lease to finance ___________ (insert
a brief description of the controlled project), which is estimated
to cost not more than _______ (insert the total cost of the
project) and is estimated to increase the property tax rate for
debt service by ___________ (insert increase in tax rate as
determined by the department of local government finance)?".
The public question must appear on the ballot in the form approved
by the county election board. If the political subdivision proposing
to issue bonds or enter into a lease is located in more than one (1)
county, the county election board of each county shall jointly
approve the form of the public question that will appear on the ballot
in each county. The form approved by the county election board may
differ from the language certified to the county election board by the
county auditor. If the county election board approves the language of
a public question under this subsection after June 30, 2010, the
county election board shall submit the language to the department of
local government finance for review. The department of local
government finance shall review the language of the public question
to evaluate whether the description of the controlled project is
accurate and is not biased against either a vote in favor of the
controlled project or a vote against the controlled project. The
department of local government finance may recommend that the
ballot language be used as submitted or recommend modifications to
the ballot language as necessary to ensure that the description of the
controlled project is accurate and is not biased. The department of
local government finance shall send its recommendations to the
county election board not more than ten (10) days after the language
of the public question is submitted to the department for review.
After reviewing the recommendations of the department of local
government finance under this subsection, the county election board
shall take final action to approve ballot language. The finally adopted
ballot language may differ from the recommendations made by the
department of local government finance.
(d) The county auditor shall certify the finally approved public
question described in subsection (c) under IC 3-10-9-3 to the county
election board of each county in which the political subdivision is
located. The certification must occur not later than noon:
(1) sixty (60) days before a primary election if the public
question is to be placed on the primary or municipal primary
election ballot; or
(2) August 1 if the public question is to be placed on the general
or municipal election ballot.
Subject to the certification requirements and deadlines under this
subsection and except as provided in subsection (j), the public
question shall be placed on the ballot at the next primary election,
general election, or municipal election in which all voters of the
political subdivision are entitled to vote. However, if a primary
election, general election, or municipal election will not be held
during the first year in which the public question is eligible to be
placed on the ballot under this section and if the political subdivision
requests the public question to be placed on the ballot at a special
election, the public question shall be placed on the ballot at a special
election to be held on the first Tuesday after the first Monday in May
or November of the year. The certification must occur not later than
noon sixty (60) days before a special election to be held in May (if
the special election is to be held in May) or noon on August 1 (if the
special election is to be held in November). However, in 2009, a
political subdivision may hold a special election under this section
on any date scheduled for the special election if notice of the special
election was given before July 1, 2009, to the election division of the
secretary of state's office as provided in IC 3-10-8-4. The fiscal body
of the political subdivision that requests the special election shall pay
the costs of holding the special election. The county election board
shall give notice under IC 5-3-1 of a special election conducted under
this subsection. A special election conducted under this subsection
is under the direction of the county election board. The county
election board shall take all steps necessary to carry out the special
election.
(e) The circuit court clerk shall certify the results of the public
question to the following:
(1) The county auditor of each county in which the political
subdivision is located.
(2) The department of local government finance.
(f) Subject to the requirements of IC 6-1.1-18.5-8, the political
subdivision may issue the proposed bonds or enter into the proposed
lease rental if a majority of the eligible voters voting on the public
question vote in favor of the public question.
(g) If a majority of the eligible voters voting on the public
question vote in opposition to the public question, both of the
following apply:
(1) The political subdivision may not issue the proposed bonds
or enter into the proposed lease rental.
(2) Another public question under this section on the same or a
substantially similar project may not be submitted to the voters
earlier than one (1) year after the date of the election.
(h) IC 3, to the extent not inconsistent with this section, applies to
an election held under this section.
(i) A political subdivision may not artificially divide a capital
project into multiple capital projects in order to avoid the
requirements of this section and section 3.5 of this chapter.
(j) This subsection applies to a political subdivision for which a
petition requesting a public question has been submitted under
section 3.5 of this chapter. The legislative body (as defined in
IC 36-1-2-9) of the political subdivision may adopt a resolution to
withdraw a controlled project from consideration in a public
question. If the legislative body provides a certified copy of the
resolution to the county auditor and the county election board not
later than forty-nine (49) days before the election at which the public
question would be on the ballot, the public question on the controlled
project shall not be placed on the ballot and the public question on
the controlled project shall not be held, regardless of whether the
county auditor has certified the public question to the county election
board. If the withdrawal of a public question under this subsection
requires the county election board to reprint ballots, the political
subdivision withdrawing the public question shall pay the costs of
reprinting the ballots. If a political subdivision withdraws a public
question under this subsection that would have been held at a special
election and the county election board has printed the ballots before
the legislative body of the political subdivision provides a certified
copy of the withdrawal resolution to the county auditor and the
county election board, the political subdivision withdrawing the
public question shall pay the costs incurred by the county in printing
the ballots. If a public question on a controlled project is withdrawn
under this subsection, a public question under this section on the
same controlled project or a substantially similar controlled project
may not be submitted to the voters earlier than one (1) year after the
date the resolution withdrawing the public question is adopted.
(k) If a public question regarding a controlled project is placed on
the ballot to be voted on at a public question under this section, the
political subdivision shall submit to the department of local
government finance, at least thirty (30) days before the election, the
following information regarding the proposed controlled project for
posting on the department's Internet web site:
(1) The cost per square foot of any buildings being constructed
as part of the controlled project.
(2) The effect that approval of the controlled project would
have on the political subdivision's property tax rate.
(3) The maximum term of the bonds or lease.
(4) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(5) The estimated interest rates that will be paid and the total
interest costs associated with the bonds or lease.
(6) The purpose of the bonds or lease.
(7) In the case of a controlled project proposed by a school
corporation:
(A) the current and proposed square footage of school
building space per student;
(B) enrollment patterns within the school corporation; and
(C) the age and condition of the current school facilities.
As added by P.L.146-2008, SEC.194. Amended by P.L.182-2009(ss),
SEC.146; P.L.113-2010, SEC.36.
IC 6-1.1-20-3.7
Political subdivision resolution to apply local public question
process if no petition requested the application or in certain
disaster, accident, or emergency circumstances
Sec. 3.7. (a) This section applies to the following:
(1) The issuance of bonds or the entering into a lease for a
controlled project:
(A) to which section 3.5 of this chapter applies; and
(B) for which a sufficient petition requesting the application
of the local public question process under section 3.6 of this
chapter has not been filed as set forth in section 3.5 of this
chapter within the time required under section 3.5(b)(7) of
this chapter.
(2) The issuance of bonds or the entering into a lease for a
capital project:
(A) that is not a controlled project to which section 3.5 of
this chapter applies; and
(B) that would, but for the application of section 1.1(6) of
this chapter to the project, be a controlled project to which
section 3.5 of this chapter applies.
(b) If the proper officers of a political subdivision make a
preliminary determination to issue bonds described in subsection (a)
or enter into a lease described in subsection (a), the fiscal body of the
political subdivision may adopt a resolution specifying that the local
public question process specified in section 3.6 of this chapter
applies to the issuance of the bonds or the entering into the lease,
notwithstanding that:
(1) a sufficient petition requesting the application of the local
public question process under section 3.6 of this chapter has not
been filed as set forth in section 3.5 of this chapter (in the case
of bonds or a lease described in subsection (a)(1)); or
(2) because of the application of section 1.1(6) of this chapter,
the bonds or lease is not considered to be issued or entered into
for a controlled project (in the case of bonds or a lease
described in subsection (a)(2)).
(c) The following apply to the adoption of a resolution by the
fiscal body of a political subdivision under subsection (b):
(1) In the case of bonds or a lease described in subsection (a)(1)
and for which no petition requesting the application of the local
public question process under section 3.6 of this chapter has
been filed within the time required under section 3.5(b)(7) of
this chapter, the fiscal body must adopt the resolution not more
than sixty (60) days after publication of the notice of the
preliminary determination to issue the bonds or enter into the
lease.
(2) In the case of bonds or a lease described in subsection (a)(1)
for which a petition requesting the application of the local
public question process under section 3.6 of this chapter:
(A) has been filed under section 3.5 of this chapter; and
(B) is determined to have an insufficient number of
signatures to require application of the local public question
process under section 3.6 of this chapter;
the fiscal body must adopt the resolution not more than thirty
(30) days after the county voter registration office makes the
final determination under section 3.5 of this chapter that a
sufficient number of persons have not signed the petition.
(3) In the case of bonds or a lease described in subsection
(a)(2), the fiscal body must adopt the resolution not more than
thirty (30) days after publication of the notice of the preliminary
determination to issue the bonds or enter into the lease.
(4) The fiscal body shall certify the resolution to the county
election board of each county in which the political subdivision
is located, and the county election board shall place the public
question on the ballot as provided in section 3.6 of this chapter.
(d) Except to the extent it is inconsistent with this section, section
3.6 of this chapter applies to a local public question placed on the
ballot under this section.
As added by P.L.182-2009(ss), SEC.147.
IC 6-1.1-20-3.8
Procedure for initiating referendum for certain projects when
petition and remonstrance process would otherwise apply
Sec. 3.8. (a) This section applies to the issuance of bonds or the
entering into a lease for a controlled project to which section 3.1 of
this chapter applies.
(b) If the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease
described in subsection (a), the fiscal body of the political
subdivision may adopt a resolution specifying that the local public
question process specified in section 3.6 of this chapter applies to the
issuance of the bonds or the execution of the lease instead of the
petition and remonstrance process under section 3.2 of this chapter.
(c) The fiscal body must adopt a resolution under subsection (b)
not later than the date on which the political subdivision makes a
preliminary determination to issue bonds or enter into a lease as
described in subsection (a).
(d) The fiscal body must certify the resolution to the county
election board of each county in which the political subdivision is
located, and the county election board shall place the public question
on the ballot as provided in section 3.6 of this chapter.
(e) Except to the extent it is inconsistent with this section, section
3.6 of this chapter applies to a local public question placed on the
ballot under this section.
As added by P.L.113-2010, SEC.37.
IC 6-1.1-20-4
Repealed
(Repealed by P.L.25-1995, SEC.94.)
IC 6-1.1-20-5
Issuance of bonds or leases in excess of $5,000; objections by
taxpayers to certain bonds or leases
Sec. 5. (a) When the proper officers of a political subdivision
decide to issue bonds or enter into leases in a total amount which
exceeds five thousand dollars ($5,000), they shall give notice of the
decision by:
(1) posting; and
(2) publication once each week for two (2) weeks.
The notice required by this section shall be posted in three (3) public
places in the political subdivision and published in accordance with
IC 5-3-1-4. The decision to issue bonds may be a preliminary
decision.
(b) This subsection does not apply to bonds or lease rental
agreements for which a political subdivision:
(1) after June 30, 2008, makes:
(A) a preliminary determination as described in section 3.1
or 3.5 of this chapter; or
(B) a decision as described in subsection (a); or
(2) in the case of bonds or lease rental agreements not subject
to section 3.1 or 3.5 of this chapter and not subject to
subsection (a), adopts a resolution or ordinance authorizing the
bonds or lease rental agreement after June 30, 2008.
Ten (10) or more taxpayers who will be affected by the proposed
issuance of the bonds and who wish to object to the issuance on the
grounds that it is unnecessary or excessive may file a petition in the
office of the auditor of the county in which the political subdivision
is located. The petition must be filed within fifteen (15) days after
the notice required by subsection (a) is given, and it must contain the
objections of the taxpayers and facts which show that the proposed
issue is unnecessary or excessive. When taxpayers file a petition in
the manner prescribed in this subsection, the county auditor shall
immediately forward a certified copy of the petition and any other
relevant information to the department of local government finance.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.27-1986,
SEC.4; P.L.25-1995, SEC.51; P.L.90-2002, SEC.193; P.L.224-2007,
SEC.33; P.L.146-2008, SEC.195.
IC 6-1.1-20-6
Department of local government finance hearing on taxpayers'
objections; department action; appeal
Sec. 6. (a) Upon receipt of a certified petition filed in the manner
prescribed in section 5(b) of this chapter, the department of local
government finance shall fix a time and place for a hearing on the
matter. The department of local government finance shall hold the
hearing not less than five (5) or more than thirty (30) days after the
department receives the petition, and the department shall hold the
hearing in the political subdivision or in the county where the
political subdivision is located. At least five (5) days before the date
fixed for the hearing, the department of local government finance
shall give notice of the hearing, by mail, to the executive officer of
the political subdivision and to the first ten (10) taxpayers who
signed the petition. The mailings shall be addressed to the officer and
the taxpayers at their usual place of residence.
(b) After the hearing required by this section, the department of
local government finance may approve, disapprove, or reduce the
amount of the proposed issue. The department of local government
finance must render a decision not later than three (3) months after
the hearing, and if no decision is rendered within that time, the issue
is considered approved unless the department takes the extension
provided for in this section. A three (3) month extension of the time
period during which the decision must be rendered may be taken by
the department of local government finance if the department by mail
gives notice of the extension to the executive officer of the political
subdivision and to the first ten (10) taxpayers who signed the
petition, at least ten (10) days before the end of the original three (3)
month period. If no decision is rendered within the extension period,
the issue is considered approved.
(c) A:
(1) taxpayer who signed a petition referred to in subsection (a);
or
(2) political subdivision against which a petition referred to in
subsection (a) is filed;
may petition for judicial review of the final determination of the
department of local government finance under subsection (b). The
petition must be filed in the tax court not more than forty-five (45)
days after the department renders its decision under subsection (b).
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1981,
P.L.74, SEC.1; P.L.23-1984, SEC.7; P.L.90-2002, SEC.194;
P.L.256-2003, SEC.22.
IC 6-1.1-20-7
Interest rate in excess of 8%; approval by department of local
government finance of certain bonds
Sec. 7. (a) This section does not apply to bonds, notes, or warrants
for which a political subdivision:
(1) after June 30, 2008, makes a preliminary determination as
described in section 3.1 or 3.5 of this chapter or a decision as
described in section 5 of this chapter; or
(2) in the case of bonds, notes, or warrants not subject to
section 3.1, 3.5, or 5 of this chapter, adopts a resolution or
ordinance authorizing the bonds, notes, or warrants after June
30, 2008.
(b) When the proper officers of a political subdivision decide to
issue any bonds, notes, or warrants which will be payable from
property taxes and which will bear interest in excess of eight percent
(8%) per annum, the political subdivision shall submit the matter to
the department of local government finance for review. The
department of local government finance may either approve or
disapprove the rate of interest.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.23-1984,
SEC.8; P.L.90-2002, SEC.195; P.L.224-2007, SEC.34;
P.L.146-2008, SEC.196.
IC 6-1.1-20-7.5
Review and approval by department of local government finance
not required for certain bonds or leases
Sec. 7.5. This section applies only to bonds, leases, and other debt
for which a political subdivision:
(1) after June 30, 2008, makes a preliminary determination as
described in section 3.1 or 3.5 of this chapter or a decision as
described in section 5 of this chapter; or
(2) in the case of bonds, leases, or other obligations not subject
to section 3.1, 3.5, or 5 of this chapter, adopts a resolution or
ordinance authorizing the bonds, lease rental agreement, or
other obligations after June 30, 2008.
Notwithstanding any other provision, review by the department of
local government finance and approval by the department of local
government finance are not required before a political subdivision
may issue or enter into bonds, a lease, or any other obligations
payable from ad valorem property taxes.
As added by P.L.146-2008, SEC.197.
IC 6-1.1-20-8
Repealed
(Repealed by Acts 1980, P.L.8, SEC.26.)
IC 6-1.1-20-8.5
Repealed
(Repealed by Acts 1980, P.L.8, SEC.26.)
IC 6-1.1-20-9
Public improvement bonds, ordinance, or resolution; construction
bidding
Sec. 9. (a) When the proper officers of a political subdivision
decide to issue bonds payable from property taxes to finance a public
improvement or enter into a lease rental agreement payable from
property taxes to finance a public improvement, they shall adopt an
ordinance or resolution which sets forth their determination to issue
the bonds or enter into the lease rental agreement. Except as provided
in subsection (b), the political subdivision may not advertise for or
receive bids for the construction of the improvement until the
expiration of:
(1) the time period within which taxpayers may file a petition:
(A) for review of or a remonstrance against the proposed
issue or lease, in the case of a proposed issue or lease that is
subject to section 3.1 of this chapter; or
(B) to initiate the local public question process, in the case
of a proposed issue or lease that is subject to section 3.5 of
this chapter; or
(2) the time period during which a petition for review of the
proposed issue or lease is pending before the department of
local government finance (in the case of bonds or a lease for
which a petition for review may be filed with the department of
local government finance).
(b) This subsection does not apply to bonds or lease rental
agreements for which a political subdivision:
(1) after June 30, 2008, makes:
(A) a preliminary determination as described in section 3.1
or 3.5 of this chapter; or
(B) a decision as described in section 5 of this chapter; or
(2) in the case of bonds or lease rental agreements not subject
to section 3.1 or 3.5 of this chapter and not subject to section 5
of this chapter, adopts a resolution or ordinance authorizing the
bonds or lease rental agreement after June 30, 2008.
When a petition for review of a proposed issue is pending before the
department of local government finance, the department may order
the political subdivision to advertise for and receive bids for the
construction of the public improvement. When the department of
local government finance issues such an order, the political
subdivision shall file a bid report with the department within five (5)
days after the bids are received, and the department shall render a
final decision on the proposed issue within fifteen (15) days after it
receives the bid report. Notwithstanding the provisions of this
subsection, a political subdivision may not enter into a contract for
the construction of a public improvement while a petition for review
of the bond issue which is to finance the improvement is pending
before the department of local government finance.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.196; P.L.224-2007, SEC.35; P.L.146-2008, SEC.198.
IC 6-1.1-20-10
Limitations on certain actions pending issuance of bonds or
entering into lease
Sec. 10. (a) This section applies to a political subdivision that
adopts an ordinance or a resolution making a preliminary
determination to issue bonds or enter into a lease. During the period
commencing with the adoption of the ordinance or resolution and, if
a petition and remonstrance process is commenced under section 3.2
of this chapter, continuing through the sixty (60) day period
commencing with the notice under section 3.2(b)(1) of this chapter,
the political subdivision seeking to issue bonds or enter into a lease
for the proposed controlled project may not promote a position on
the petition or remonstrance by doing any of the following:
(1) Allowing facilities or equipment, including mail and
messaging systems, owned by the political subdivision to be
used for public relations purposes to promote a position on the
petition or remonstrance, unless equal access to the facilities or
equipment is given to persons with a position opposite to that
of the political subdivision.
(2) Making an expenditure of money from a fund controlled by
the political subdivision to promote a position on the petition or
remonstrance or to pay for the gathering of signatures on a
petition or remonstrance. This subdivision does not prohibit a
political subdivision from making an expenditure of money to
an attorney, an architect, registered professional engineer, a
construction manager, or a financial adviser for professional
services provided with respect to a controlled project.
(3) Using an employee to promote a position on the petition or
remonstrance during the employee's normal working hours or
paid overtime, or otherwise compelling an employee to promote
a position on the petition or remonstrance at any time.
(4) In the case of a school corporation, promoting a position on
a petition or remonstrance by:
(A) using students to transport written materials to their
residences or in any way directly involving students in a
school organized promotion of a position; or
(B) including a statement within another communication
sent to the students' residences.
However, this section does not prohibit an employee of the political
subdivision from carrying out duties with respect to a petition or
remonstrance that are part of the normal and regular conduct of the
employee's office or agency.
(b) A person may not solicit or collect signatures for a petition or
remonstrance on property owned or controlled by the political
subdivision.
(c) The staff and employees of a school corporation may not
personally identify a student as the child of a parent or guardian who
supports or opposes a petition or remonstrance.
(d) A person or an organization that has a contract or arrangement
(whether formal or informal) with a school corporation for the use of
any of the school corporation's facilities may not spend any money
to promote a position on the petition or remonstrance. A person or an
organization that violates this subsection commits a Class A
infraction.
(e) An attorney, an architect, registered professional engineer, a
construction manager, or a financial adviser for professional services
provided with respect to a controlled project may not spend any
money to promote a position on the petition or remonstrance. A
person who violates this subsection:
(1) commits a Class A infraction; and
(2) is barred from performing any services with respect to the
controlled project.
(f) An elected or appointed public official of the political
subdivision may personally advocate for or against a position on the
petition or remonstrance so long as it is not done by using public
funds.
As added by P.L.1-2004, SEC.32 and P.L.23-2004, SEC.35. Amended
by P.L.162-2006, SEC.5; P.L.146-2008, SEC.199; P.L.182-2009(ss),
SEC.148.
IC 6-1.1-20-10.1
Restriction on promotion of position on referendum
Sec. 10.1. (a) This section applies only to a political subdivision
that, after June 30, 2008, adopts an ordinance or a resolution making
a preliminary determination to issue bonds or enter into a lease
subject to sections 3.5 and 3.6 of this chapter.
(b) During the period beginning with the adoption of the
ordinance or resolution and continuing through the day on which a
local public question is submitted to the voters of the political
subdivision under section 3.6 of this chapter, the political subdivision
seeking to issue bonds or enter into a lease for the proposed
controlled project may not promote a position on the local public
question by doing any of the following:
(1) Allowing facilities or equipment, including mail and
messaging systems, owned by the political subdivision to be
used for public relations purposes to promote a position on the
local public question, unless equal access to the facilities or
equipment is given to persons with a position opposite to that
of the political subdivision.
(2) Making an expenditure of money from a fund controlled by
the political subdivision to promote a position on the local
public question. This subdivision does not prohibit a political
subdivision from making an expenditure of money to an
attorney, an architect, a registered professional engineer, a
construction manager, or a financial adviser for professional
services provided with respect to a controlled project.
(3) Using an employee to promote a position on the local public
question during the employee's normal working hours or paid
overtime, or otherwise compelling an employee to promote a
position on the local public question at any time.
(4) In the case of a school corporation, promoting a position on
a local public question by:
(A) using students to transport written materials to their
residences or in any way directly involving students in a
school organized promotion of a position; or
(B) including a statement within another communication
sent to the students' residences.
However, this section does not prohibit an employee of the political
subdivision from carrying out duties with respect to a local public
question that are part of the normal and regular conduct of the
employee's office or agency.
(c) The staff and employees of a school corporation may not
personally identify a student as the child of a parent or guardian who
supports or opposes a controlled project subject to a local public
question held under section 3.6 of this chapter.
(d) A person or an organization that has a contract or arrangement
(whether formal or informal) with a school corporation for the use of
any of the school corporation's facilities may not spend any money
to promote a position on a local public question. A person or an
organization that violates this subsection commits a Class A
infraction.
(e) An attorney, an architect, a registered professional engineer,
a construction manager, or a financial adviser for professional
services provided with respect to a controlled project may not spend
any money to promote a position on a local public question. A person
who violates this subsection:
(1) commits a Class A infraction; and
(2) is barred from performing any services with respect to the
controlled project.
(f) An elected or appointed public official of the political
subdivision may personally advocate for or against a position on the
local public question so long as it is not done by using public funds.
(g) A student may use school equipment or facilities to report or
editorialize about a local public question as part of the news
coverage of the referendum by student newspaper or broadcast.
As added by P.L.146-2008, SEC.200. Amended by P.L.182-2009(ss),
SEC.149.
IC 6-1.1-20-11
Standards; validity of signatures on petition
Sec. 11. (a) This section applies to the determination of the
validity of a signature on a document required for a petition and
remonstrance procedure under this chapter.
(b) If:
(1) the validity of a signature is uncertain; and
(2) this section does not establish a standard to be applied in
that case;
a reasonable doubt must be resolved in favor of the validity of the
signature.
(c) Whenever the name of an individual, as printed or signed,
contains a minor variation from the name of the individual as set
forth in the relevant county records, the signature is considered valid.
(d) Whenever the residence address or mailing address of an
individual contains a minor variation from the residence address or
mailing address as set forth in the relevant county records, the
signature is considered valid.
(e) Notwithstanding subsection (c) or (d), if the residence address
or mailing address of an individual contains a substantial variation
from the residence address or mailing address as set forth in the
relevant county records, the signature is considered invalid.
(f) If the signature of an individual does not substantially conform
with the signature of the individual in the relevant county records,
the signature is considered invalid. In determining whether a
signature substantially conforms with an individual's in the relevant
county records, consideration shall be given to whether that lack of
conformity may reasonably be attributed to the age, disability, or
impairment of the individual.
As added by P.L.162-2006, SEC.6.
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