Indiana Senate Bill SB0283 Introduced / Bill

                     
Introduced Version
SENATE BILL No. 283
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 5-1; IC 5-3; IC 5-20-2-8; IC 6-1.1;
IC 6-9-3-3.5; IC 8-2-17-2; IC 8-10-5; IC 8-14-9-6; IC 9-22-1-23;
IC 10-18; IC 13-21-5; IC 13-23-16-3; IC 13-26; IC 14-26-8; IC 14-27;
IC 14-28-4; IC 14-33; IC 14-34-6; IC 15-14-7-3; IC 16-22; IC 20-23;
IC 20-25-5-13; IC 20-47; IC 20-48-3; IC 23-13-5-8; IC 32-24;
IC 32-29-7-3; IC 34-55-6-9; IC 35-47-3-2; IC 36-1-12.5-5;
IC 36-1.5-4-7; IC 36-2; IC 36-7; IC 36-9-27; IC 36-10; IC 36-11-9-5;
IC 36-12.
Synopsis:  Electronic publication of notices. Allows a political
subdivision or local public official to publish notices on the political
subdivision's official web site instead of in a newspaper. Allows the
department of natural resources to publish a notice regarding a bond
release for a surface coal mining and reclamation operation on the
official web site of a county where the operation is located instead of
in the newspaper. Resolves conflicts between two versions of a statute
passed in P.L.22-2021 and P.L.152-2021 by repealing both versions of
the statute and adding new statutes. Makes various stylistic changes.
Effective:  July 1, 2022.
Buck
January 10, 2022, read first time and referred to Committee on Local Government.
2022	IN 283—LS 6912/DI 87 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 283
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-1-6-4 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The refunding bonds shall be
3 authorized by ordinance or resolution of the governing body. Such The
4 ordinance or resolution may be adopted at a regular or special meeting,
5 and at the same meeting at which they are introduced in the manner
6 now provided by law.
7 (b) Whenever refunding bonds are to be authorized and issued under
8 this chapter for the purpose of refinancing and improving any
9 municipally owned public utility (other than a sewage treatment works
10 or a municipally owned public utility originally constructed pursuant
11 to IC 8-1-2) the issuing body desiring to issue such refunding bonds
12 shall file its petition in the office of the utility regulatory commission
13 setting forth the facts showing the necessity for refinancing and
14 improving such municipally owned utility and praying for the approval
15 thereof by said commission. The petitioner shall give notice of the
16 filing of such the petition and hearing thereon on the petition to the
17 citizens and taxpayers of said the issuing body by:
2022	IN 283—LS 6912/DI 87 2
1 (1) giving notice:
2 (A) by publication once each week for two (2) weeks prior to
3 such before the hearing:
4 (i) in a newspaper published in such the issuing body; or
5 (ii) in case if no newspaper is there published in the issuing
6 body, then in a newspaper published in the county in which
7 such the issuing body is situated, and located; or
8 (B) by posting the notice for fifteen (15) days in three (3)
9 public places in the issuing body, if there be no newspaper is
10 published in such the county notice shall be posted for fifteen
11 (15) days in three (3) public places therein. in which the
12 issuing body is located; or
13 (2) publication in accordance with IC 5-3-5 on the official web
14 site of the issuing body.
15 On the hearing of such petition, if it appears that a necessity exists for
16 the relief prayed for, the utility regulatory commission shall approve
17 the issuance of the refunding bonds, either as prayed for or with such
18 modifications or on such conditions as may be deemed just and proper.
19 Such approval shall contain a certification that the income and
20 revenues of said utility, in addition to providing for operation and
21 maintenance, and depreciation, are sufficient to pay the principal and
22 interest of said bonds, together with a margin of ten percent (10%) in
23 excess thereof. All such bonds so issued under the order of such
24 commission shall be incontestable except for fraud, forgery, or
25 violation of constitutional limitations. If on such hearing it shall appear
26 that such relief should not be granted, the utility regulatory commission
27 shall so declare and such bonds shall not be issued. However, in case
28 any petition for the approval of the issuance of such bonds has been
29 denied by the commission, the governing body affected by such denial
30 may within ten (10) days from the date of such denial, file a petition
31 with the commission praying for submission of the question of whether
32 such bonds shall be issued, to the legal voters of such issuing body
33 affected thereby. If such commission be satisfied that said last
34 mentioned petition is in due form, it shall grant the prayer thereof
35 within ten (10) days from the filing of such petition and order such
36 election at a time to be fixed in such order. The county auditor shall
37 give notice for such election and all proceedings for the holding of such
38 election shall be governed by the law regulating general elections in
39 such issuing body. The county auditor shall certify the result of such
40 election to the utility regulatory commission, and if such result be in
41 favor of the issuance of such bonds, said commission within ten (10)
42 days after the filing of such certificate of result shall enter an order
2022	IN 283—LS 6912/DI 87 3
1 approving the issuance of said bonds. All cost and expenses for the
2 holding of such election shall be paid by the issuing body proposing to
3 issue such bonds.
4 (c) Whenever refunding bonds are to be authorized and issued,
5 under this chapter, for the purpose of refinancing any enterprise, or for
6 the purpose of refinancing and improving any enterprise except those
7 mentioned in subsection (b), no proceedings or procedure of any
8 character whatever, other than the adoption of the ordinance or
9 resolution authorizing the issuance of such refunding bonds, shall be
10 required for the issuance of such refunding bonds by the issuing body.
11 (d) Notwithstanding subsection (b) or any other law, refunding
12 bonds may be issued under this chapter by an issuing body without
13 approval of the utility regulatory commission if the governing body of
14 the issuing body finds that the refunding will either provide a savings
15 to the issuing body or will not, by itself, result in a rate increase.
16 SECTION 2. IC 5-1-11-2, AS AMENDED BY P.L.125-2018,
17 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 2. (a) Notice of sale of bonds sold at public sale
19 under section 1 of this chapter shall be published in accordance with
20 the provisions of this chapter and either IC 5-3-1 or subsection (b).
21 (b) If a political subdivision or body referred to in section 1 of this
22 chapter determines to sell bonds under this subsection, notice of intent
23 to sell such the bonds shall be published once each week for two (2)
24 weeks by publication in accordance with IC 5-3-1-4:
25 (1) and in a newspaper of general circulation published in the
26 state capital; or
27 (2) in the case of a political subdivision, in accordance with
28 IC 5-3-5 on the official web site of the political subdivision.
29 (c) The notice must state that any person interested in submitting a
30 bid for the bonds may furnish in writing to the official of the political
31 subdivision or body responsible for their sale, at the address set forth
32 in the notice, the person's name, address, and telephone number. The
33 person may also furnish a telex number. The notice of intent to sell
34 bonds must state:
35 (1) the amount of the bonds to be offered;
36 (2) the denominations;
37 (3) the dates of maturity;
38 (4) the maximum rate or rates of interest;
39 (5) the place of sale; and
40 (6) the time within which the name, address, and telephone
41 number must be furnished, which must not be less than seven (7)
42 days after the last publication of the notice of intent to sell.
2022	IN 283—LS 6912/DI 87 4
1 The official of the political subdivision or body responsible for the
2 bond sale shall notify each person so registered of the date and time
3 bids will be received not less than twenty-four (24) hours before the
4 date and time of sale. The notification shall be made by telephone at
5 the number furnished by the person, and also by telex if the person
6 furnishes a telex number. Bids may not be received more than ninety
7 (90) days after the first publication of the notice of intent to sell.
8 (c) (d) This chapter does not prevent the sale of bonds under the
9 provisions of any statute inconsistent with this chapter so long as the
10 procedures required for the sale in that statute are complied with, but
11 if notice of that sale must be published, the notice shall be published in
12 accordance with IC 5-3-1 or IC 5-3-5, as applicable.
13 SECTION 3. IC 5-3-1-2, AS AMENDED BY P.L.152-2021,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 2. (a) This section applies only when notice of an
16 event is required to be given by publication in accordance with this
17 chapter.
18 (b) If the event is a public hearing or meeting concerning any matter
19 not specifically mentioned in subsection (c), (d), (e), (f), (g), (h), or (i),
20 notice shall be published one (1) time, at least ten (10) days before the
21 date of the hearing or meeting.
22 (c) If the event is an election, notice shall be published one (1) time,
23 not later than twenty-one (21) days before election day.
24 (d) If the event is a sale of bonds, notes, or warrants, notice shall be
25 published two (2) times, at least one (1) week apart with:
26 (1) the first publication made at least fifteen (15) days before the
27 date of the sale; and
28 (2) the second publication made at least three (3) days before the
29 date of the sale.
30 (e) If the event is the receiving of bids, notice shall be published two
31 (2) times, at least one (1) week apart, with the second publication made
32 at least seven (7) days before the date the bids will be received.
33 (f) If the event is the establishment of a cumulative or sinking fund,
34 notice of the proposal and of the public hearing that is required to be
35 held by the political subdivision shall be published two (2) times, at
36 least one (1) week apart, with the second publication made at least
37 three (3) days before the date of the hearing.
38 (g) If the event is the submission of a proposal adopted by a political
39 subdivision for a cumulative or sinking fund for the approval of the
40 department of local government finance, the notice of the submission
41 shall be published one (1) time. The political subdivision shall publish
42 the notice when directed to do so by the department of local
2022	IN 283—LS 6912/DI 87 5
1 government finance.
2 (h) If the event is the required publication of an ordinance, notice of
3 the passage of the ordinance shall be published one (1) time within
4 thirty (30) days after the passage of the ordinance.
5 (i) If the event is one about which notice is required to be published
6 after the event, notice shall be published one (1) time within thirty (30)
7 days after the date of the event.
8 (j) If any officer charged with the duty of publishing any notice
9 required by law is unable to procure publication of notice:
10 (1) at the price fixed by law;
11 (2) because all newspapers or locality newspapers that are
12 qualified to publish the notice refuse to publish the notice; or
13 (3) because the newspapers or locality newspapers referred to in
14 subdivision (2) refuse to post the notice on the newspapers' or
15 locality newspapers' Internet web sites (if required under section
16 1.5 of this chapter);
17 it is sufficient for the officer to post printed notices in three (3)
18 prominent places in the political subdivision, instead of publication of
19 the notice in newspapers or locality newspapers and on an Internet web
20 site (if required under section 1.5 of this chapter).
21 (k) This subsection applies if an officer described in subsection (j)
22 or the officer's designee submits a notice to a newspaper or locality
23 newspaper in a timely manner and the newspaper or locality newspaper
24 does not refuse to publish the notice but subsequently fails to publish
25 the notice. If, within the same period required for publishing notice
26 under this section, the officer or officer's designee posts:
27 (1) printed notices in three (3) prominent places in the political
28 subdivision; or
29 (2) notice on the political subdivision's Internet web site in a
30 location where the notice is easily accessible and identifiable;
31 the notice is sufficient, and publication of the notice in newspapers or
32 locality newspapers and on the newspapers' Internet web sites (if
33 required under section 1.5 of this chapter) is not required.
34 (l) Notwithstanding any other provision of this chapter, a
35 political subdivision that is required under this chapter to publish
36 notice in a newspaper two (2) or more times may make: (1) the first
37 publication of publish notice:
38 (1) in a newspaper as required under section 4 of this chapter or
39 the applicable statute; and or
40 (2) all subsequent publications of notice: (A) in accordance with
41 IC 5-3-5 and (B) on the official web site of the political
42 subdivision, if the political subdivision maintains an official
2022	IN 283—LS 6912/DI 87 6
1 web site. If a political subdivision is required to publish a notice
2 two (2) or more times in at least two (2) newspapers
3 contemporaneously, the first publication of the notice includes the
4 first publication of the notice in both newspapers.
5 SECTION 4. IC 5-3-5-4, AS ADDED BY P.L.152-2021, SECTION
6 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
7 2022]: Sec. 4. (a) A political subdivision that is required by statute to
8 publish notice in a newspaper two (2) or more times may make: (1) the
9 first publication of a publish notice:
10 (1) in a newspaper or newspapers as required under IC 5-3-1-4 or
11 the applicable statute; and or
12 (2) if the political subdivision maintains an official web site, all
13 subsequent publications of the notice only on the official web site
14 of the political subdivision.
15 (b) If a political subdivision is required to publish a notice two (2)
16 or more times in at least two (2) newspapers more or less
17 contemporaneously, the first publication of the notice includes the first
18 publication of the notice in both newspapers.
19 SECTION 5. IC 5-3-5-5, AS ADDED BY P.L.152-2021, SECTION
20 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
21 2022]: Sec. 5. (a) As used in this section, "last publication date"
22 means the following:
23 (1) If the applicable statute requires a notice to be published
24 one (1) time, the date that the notice is published in
25 accordance with the statute.
26 (2) If the applicable statute requires a notice to be published
27 on two (2) or more consecutive or nonconsecutive days, the
28 latest date that the notice is published in accordance with the
29 statute.
30 (b) The notice must:
31 (1) be in a location on the official web site where the notice is
32 easily accessible and identifiable; and
33 (2) remain on the official web site not less than seven (7) days
34 after the last posting publication date required by law. has
35 expired.
36 (c) The home page of the official web site must prominently
37 display a link that provides accessibility to the location of notices
38 on the official web site.
39 (d) One (1) day before the first day of publication of any notice
40 on the official web site, the political subdivision shall publish a
41 notice in the newspaper or newspapers required under IC 5-3-1-4,
42 or the appropriate statute, that provides the following information:
2022	IN 283—LS 6912/DI 87 7
1 (1) A statement providing:
2 (A) that the political subdivision publishes notices on the
3 political subdivision's official web site; and
4 (B) a link displayed on the home page of the political
5 subdivision's official web site that provides access to the
6 notices on the web site.
7 (2) The web address for the home page of the political
8 subdivision's official web site.
9 SECTION 6. IC 5-20-2-8, AS AMENDED BY P.L.136-2018,
10 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 8. (a) Bonds shall not be issued under this chapter
12 unless these bonds are rated "A" or better by one (1) of the nationally
13 recognized rating agencies or unless these bonds are sold in a
14 transaction not involving any public offering within the meaning of
15 Section 4(2) of the federal Securities Act of 1933, as amended, and
16 rules and regulations adopted under the federal Securities Act of 1933,
17 as amended.
18 (b) The exercise of any or all powers or the issue of bonds under this
19 chapter shall be authorized by ordinance of the governing body.
20 Notwithstanding any law to the contrary, this ordinance may be
21 adopted at the same meeting at which it is introduced and it shall take
22 effect immediately upon adoption. Any ordinance authorizing bonds
23 shall be adopted only after the governing body has held a public
24 hearing on the proposed financing after giving not less than five (5)
25 days notice by publication:
26 (1) in at least one (1) newspaper of general circulation in the
27 county or municipality; or
28 (2) in accordance with IC 5-3-5 on the official web site of the
29 county or municipality.
30 This ordinance shall also set forth a legislative finding and declaration
31 of the public purpose of the bond issue and that the ordinance is being
32 enacted pursuant to the powers granted by this chapter. No action to
33 contest the validity of any bonds may commence more than thirty (30)
34 days following the adoption of the ordinance approving the bonds.
35 However, if authorized by ordinance, any officer of the county or
36 municipality may bring an action under IC 34-13-5 or file a petition
37 under IC 36-4-4-5 within this thirty (30) day period to determine the
38 validity of any bonds or any agreements in connection with them. In
39 this proceeding, no bond need be filed by the petitioner or plaintiff
40 unless requested by the county or municipality, and any judgment shall
41 be final unless appealed within thirty (30) days after entry of the
42 judgment.
2022	IN 283—LS 6912/DI 87 8
1 (c) The bonds shall bear interest at the rate or rates, may be payable
2 at the times, may be in one (1) or more series, may bear the date or
3 dates, may mature at the time or times not exceeding forty (40) years
4 from their respective dates, may be payable in the medium of payment
5 at the place or places, may carry the registration privileges, may be
6 subject to the terms of redemption at the premiums, may be executed
7 in the manner, may contain the terms, covenants, and conditions, may
8 be in the form either coupon or registered, and may bear the name that
9 the ordinance or trust indenture securing the bonds provides. The
10 bonds may be sold at public or private sale in a manner and upon the
11 terms provided in the ordinance. Pending the preparation of definitive
12 bonds, interim receipts, or certificates in the form and with the
13 provisions as provided in the ordinance may be issued to the purchaser
14 of bonds sold pursuant to this chapter.
15 (d) The bonds and interim receipts or certificates are negotiable
16 instruments under the laws of this state. Bonds and receipts and the
17 authorization, issuance, sale, and delivery thereof are not subject to any
18 general law concerning bonds of municipalities.
19 SECTION 7. IC 6-1.1-4-18.5, AS AMENDED BY P.L.257-2019,
20 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 18.5. (a) A county assessor may not use the
22 services of a professional appraiser for assessment or reassessment
23 purposes without a written contract. The contract used must be either
24 a standard contract developed by the department of local government
25 finance or a contract that has been specifically approved by the
26 department. The department shall ensure that the contract:
27 (1) includes all of the provisions required under section 19.5(b)
28 of this chapter; and
29 (2) adequately provides for the creation and transmission of real
30 property assessment data in the form required by the legislative
31 services agency and the division of data analysis of the
32 department.
33 (b) No contract shall be made with any professional appraiser to act
34 as technical advisor in the assessment of property, before the giving of
35 notice and the receiving of bids from anyone desiring to furnish this
36 service. Notice of the time and place for receiving bids for the contract
37 shall be given by publication:
38 (1) by one (1) insertion of the notice in:
39 (A) two (2) newspapers of general circulation published in the
40 county and representing each of the two (2) leading political
41 parties in the county; or
42 (B) if only one (1) newspaper is there published in the county,
2022	IN 283—LS 6912/DI 87 9
1 notice in that one (1) newspaper is sufficient to comply with
2 the requirements of this subsection; or
3 (2) in accordance with IC 5-3-5 on the official web site of the
4 county.
5 The contract shall be awarded to the lowest and best bidder who meets
6 all requirements under law for entering a contract to serve as technical
7 advisor in the assessment of property. However, any and all bids may
8 be rejected, and new bids may be asked.
9 (c) The county council of each county shall appropriate the funds
10 needed to meet the obligations created by a professional appraisal
11 services contract which is entered into under this chapter.
12 (d) A county assessor who enters into a contract with a professional
13 appraiser shall submit a contract to the department through the Indiana
14 transparency Internet web site in the manner prescribed by the
15 department. The county shall upload the contract not later than thirty
16 (30) days after execution of the contract.
17 (e) The department may review any contracts uploaded under
18 subsection (d) to ensure compliance with section 19.5 of this chapter.
19 SECTION 8. IC 6-1.1-13-7, AS AMENDED BY P.L.112-2012,
20 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 7. If a county assessor proposes to change
22 assessments under section 6 of this chapter, the property tax assessment
23 board of appeals shall hold a hearing on the proposed changes before
24 July 15 in the year in which the reassessment is to commence. It is
25 sufficient notice of the hearing and of any changes in assessments
26 ordered by the board subsequent to the hearing if the board gives notice
27 by publication once: either in:
28 (1) by publication in:
29 (A) two (2) newspapers which that represent different
30 political parties and which that are published in the county; or
31 (2) (B) one (1) newspaper only, if two (2) newspapers which
32 that represent different political parties are not published in
33 the county; or
34 (2) in accordance with IC 5-3-5 by publication on the official
35 web site of the county.
36 SECTION 9. IC 6-1.1-22-4, AS AMENDED BY P.L.194-2015,
37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 4. (a) Immediately upon the receipt of the tax
39 duplicate, the county auditor shall give notice of the rate of tax per one
40 hundred dollars ($100) of assessed valuation to be collected in the
41 county for each purpose and the total of the rates in each taxing district.
42 This notice shall be published in the form prescribed by the department
2022	IN 283—LS 6912/DI 87 10
1 of local government finance three (3) times with each publication one
2 (1) week apart.
3 (b) The notice required by this section shall be printed by:
4 (1) publication in:
5 (A) two (2) newspapers which that represent different
6 political parties and which that are published in the county; or
7 (B) However, if two (2) newspapers which that represent
8 different political parties are not published in the county,
9 publication of the notice shall be printed in one (1)
10 newspaper; or
11 (2) publication in accordance with IC 5-3-5 on the official web
12 site of the county.
13 SECTION 10. IC 6-1.1-25-4.1, AS AMENDED BY P.L.248-2015,
14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 4.1. (a) If, as provided in section 4(i) of this
16 chapter, the county auditor does not issue a deed to the county for
17 property for which a certificate of sale has been issued to the county
18 under IC 6-1.1-24-9 because the county executive determines that the
19 property contains hazardous waste or another environmental hazard for
20 which the cost of abatement or alleviation will exceed the fair market
21 value of the property, the property may be transferred consistent with
22 this section.
23 (b) A person who desires to obtain title to and eliminate the
24 hazardous conditions of property containing hazardous waste or
25 another environmental hazard for which a county holds a certificate of
26 sale but to which a deed may not be issued to the county under section
27 4(i) of this chapter may file a petition with the county auditor seeking
28 a waiver of the delinquent taxes, special assessments, interest,
29 penalties, and costs assessed against the property and transfer of the
30 title to the property to the petitioner. The petition must:
31 (1) be on a form prescribed by the state board of accounts and
32 approved by the department of local government finance;
33 (2) state the amount of taxes, special assessments, penalties, and
34 costs assessed against the property for which a waiver is sought;
35 (3) describe the conditions existing on the property that have
36 prevented the sale or the transfer of title to the county;
37 (4) describe the plan of the petitioner for elimination of the
38 hazardous condition on the property under IC 13-25-5 and the
39 intended use of the property; and
40 (5) be accompanied by a fee established by the county auditor for
41 completion of a title search and processing.
42 (c) Upon receipt of a petition described in subsection (b), the county
2022	IN 283—LS 6912/DI 87 11
1 auditor shall review the petition to determine whether the petition is
2 complete. If the petition is not complete, the county auditor shall return
3 the petition to the petitioner and describe the defects in the petition.
4 The petitioner may correct the defects and file the completed petition
5 with the county auditor. Upon receipt of a completed petition, the
6 county auditor shall forward a copy of the petition to:
7 (1) the assessor of the township in which the property is located,
8 or the county assessor if there is no township assessor for the
9 township;
10 (2) the owner;
11 (3) all persons who have, as of the date of the filing of the
12 petition, a substantial interest of public record in the property;
13 (4) the county property tax assessment board of appeals; and
14 (5) the department of local government finance.
15 (d) Upon receipt of a petition described in subsection (b), the county
16 property tax assessment board of appeals shall, at the county property
17 tax assessment board of appeals' earliest opportunity, conduct a public
18 hearing on the petition. The county property tax assessment board of
19 appeals shall by mail, give notice of the date, time, and place fixed for
20 the hearing: to:
21 (1) by mail to:
22 (1) (A) the petitioner;
23 (2) (B) the owner;
24 (3) (C) all persons who have, as of the date the petition was
25 filed, a substantial interest of public record in the property;
26 and
27 (4) (D) the assessor of the township in which the property is
28 located, or the county assessor if there is no township assessor
29 for the township;
30 (2) In addition, notice of the public hearing on the petition shall
31 be published by publication one (1) time at least ten (10) days
32 before the hearing:
33 (A) in a newspaper of general circulation in the county in
34 which the property is located; or
35 (B) in accordance with IC 5-3-5 on the official web site of
36 the county; and
37 (3) posted:
38 (A) at the principal office of the county property tax
39 assessment board of appeals; or
40 (B) at the building where the meeting is to be held.
41 (e) After the hearing and completion of any additional investigation
42 of the property or of the petitioner that is considered necessary by the
2022	IN 283—LS 6912/DI 87 12
1 county property tax assessment board of appeals, the county board shall
2 give notice, by mail, to the parties listed in subsection (d) of the county
3 property tax assessment board of appeals' recommendation as to
4 whether the petition should be granted. The county property tax
5 assessment board of appeals shall forward to the department of local
6 government finance a copy of the county property tax assessment board
7 of appeals' recommendation and a copy of the documents submitted to
8 or collected by the county property tax assessment board of appeals at
9 the public hearing or during the course of the county board of appeals'
10 investigation of the petition.
11 (f) Upon receipt by the department of local government finance of
12 a recommendation by the county property tax assessment board of
13 appeals, the department of local government finance shall review the
14 petition and all other materials submitted by the county property tax
15 assessment board of appeals and determine whether to grant the
16 petition. Notice of the determination by the department of local
17 government finance and the right to seek an appeal of the
18 determination shall be given by mail to:
19 (1) the petitioner;
20 (2) the owner;
21 (3) all persons who have, as of the date the petition was filed, a
22 substantial interest of public record in the property;
23 (4) the assessor of the township in which the property is located,
24 or the county assessor if there is no township assessor for the
25 township; and
26 (5) the county property tax assessment board of appeals.
27 (g) Any person aggrieved by a determination of the department of
28 local government finance under subsection (f) may file an appeal
29 seeking additional review by the department of local government
30 finance and a public hearing. In order to obtain a review under this
31 subsection, the aggrieved person must file a petition for appeal with the
32 county auditor in the county where the tract or item of real property is
33 located not more than thirty (30) days after issuance of notice of the
34 determination of the department of local government finance. The
35 county auditor shall transmit the petition for appeal to the department
36 of local government finance not more than ten (10) days after the
37 petition is filed.
38 (h) Upon receipt by the department of local government finance of
39 an appeal, the department of local government finance shall set a date,
40 time, and place for a hearing. The department of local government
41 finance shall give notice, by mail, of the date, time, and place fixed for
42 the hearing to:
2022	IN 283—LS 6912/DI 87 13
1 (1) the person filing the appeal;
2 (2) the petitioner;
3 (3) the owner;
4 (4) all persons who have, as of the date the petition was filed, a
5 substantial interest of public record in the property;
6 (5) the assessor of the township in which the property is located,
7 or the county assessor if there is no township assessor for the
8 township; and
9 (6) the county property tax assessment board of appeals.
10 The department of local government finance shall give the notices at
11 least ten (10) days before the day fixed for the hearing.
12 (i) After the hearing, the department of local government finance
13 shall give the parties listed in subsection (h) notice by mail of the final
14 determination of the department of local government finance.
15 (j) If the department of local government finance decides to:
16 (1) grant the petition submitted under subsection (b) after initial
17 review of the petition under subsection (f) or after an appeal
18 under subsection (h); and
19 (2) waive the taxes, special assessments, interest, penalties, and
20 costs assessed against the property;
21 the department of local government finance shall issue to the county
22 auditor an order directing the removal from the tax duplicate of the
23 taxes, special assessments, interest, penalties, and costs for which the
24 waiver is granted.
25 (k) After:
26 (1) at least thirty (30) days have passed since the issuance of a
27 notice by the department of local government finance to the
28 county property tax assessment board of appeals granting a
29 petition filed under subsection (b), if no appeal has been filed; or
30 (2) not more than thirty (30) days after receipt by the county
31 property tax assessment board of appeals of a notice of a final
32 determination of the department of local government finance
33 granting a petition filed under subsection (b) after an appeal has
34 been filed and heard under subsection (h);
35 the county auditor shall file a verified petition and an application for an
36 order on the petition in the court in which the judgment of sale was
37 entered asking the court to direct the county auditor to issue a tax deed
38 to the real property. The petition shall contain the certificate of sale
39 issued to the county, a copy of the petition filed under subsection (b),
40 and a copy of the notice of the final determination of the department of
41 local government finance directing the county auditor to remove the
42 taxes, interest, penalties, and costs from the tax duplicate. Notice of the
2022	IN 283—LS 6912/DI 87 14
1 filing of the petition and application for an order on the petition shall
2 be given, by mail, to the owner and any person with a substantial
3 interest of public record in the property. A person owning or having an
4 interest in the property may appear to object to the petition.
5 (l) The court shall enter an order directing the county auditor to
6 issue a tax deed to the petitioner under subsection (b) if the court finds
7 that the following conditions exist:
8 (1) The time for redemption has expired.
9 (2) The property has not been redeemed before the expiration of
10 the period of redemption specified in section 4 of this chapter.
11 (3) All taxes, special assessments, interest, penalties, and costs
12 have been waived by the department of local government finance
13 or, to the extent not waived, paid by the petitioner under
14 subsection (b).
15 (4) All notices required by this section and sections 4.5 and 4.6 of
16 this chapter have been given.
17 (5) The petitioner under subsection (b) has complied with all the
18 provisions of law entitling the petitioner to a tax deed.
19 (m) A tax deed issued under this section is uncontestable except by
20 appeal from the order of the court directing the county auditor to issue
21 the tax deed. The appeal must be filed not later than sixty (60) days
22 after the date of the court's order.
23 SECTION 11. IC 6-1.1-28-6, AS AMENDED BY P.L.207-2016,
24 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 6. This section applies to a county property tax
26 assessment board of appeals established under section 1 of this chapter.
27 The county assessor shall give notice of the time, place, and purpose of
28 each annual session of the county property tax assessment board. The
29 county assessor shall give the notice by publication two (2) weeks
30 before the first meeting of the board by:
31 (1) the publication: publishing the notice:
32 (A) in:
33 (i) two (2) newspapers of general circulation which that are
34 published in the county; or
35 (B) in (ii) if two (2) newspapers of general circulation are
36 not published in the county, one (1) newspaper of general
37 circulation that is published in the county; if the
38 requirements of clause (A) cannot be satisfied; and or
39 (B) in accordance with IC 5-3-5 on the official web site of
40 the county; and
41 (2) the posting of the notice on the county assessor's Internet web
42 site.
2022	IN 283—LS 6912/DI 87 15
1 SECTION 12. IC 6-1.1-48-14, AS ADDED BY P.L.188-2021,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 14. (a) Before a designating body can designate
4 an area as an urban agricultural zone, the designating body must set a
5 date and time for a public hearing on the application of a qualifying
6 farmer to have an area designated as an urban agricultural zone.
7 (b) At least thirty (30) days before a hearing held under this section,
8 The designating body shall publish notice of the hearing that states the
9 time, location, date, and purpose of the public hearing. The
10 designating body shall publish the notice at least thirty (30) days
11 before the hearing:
12 (1) in a newspaper of general circulation in the municipality
13 containing the land that a qualifying farmer proposes be
14 designated as an urban agricultural zone; or The notice shall state
15 the time, location, date, and purpose of the hearing.
16 (2) in accordance with IC 5-3-5 on the official web site of the
17 designating body.
18 (c) A designating body may continue a hearing under this section to
19 another date.
20 SECTION 13. IC 6-1.1-48-15, AS ADDED BY P.L.188-2021,
21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 15. (a) At a public hearing held under section 14
23 of this chapter, a designating body shall allow any interested individual
24 or representative to speak on any issues related to the designation of the
25 urban agricultural zone. A designating body holding a public hearing
26 shall also allow the filing of written comment or objection, which the
27 designating body must consider before approving or disapproving a
28 qualifying farmer's application.
29 (b) After considering the evidence, a designating body shall take
30 final action determining whether to:
31 (1) approve a qualifying farmer's application; and
32 (2) designate an area as an urban agricultural zone.
33 As a condition of approval, the designating body may impose
34 reasonable requirements upon the qualifying farmer.
35 (c) A designating body shall publish notice of its the designating
36 body's final decision:
37 (1) in a newspaper of general circulation in the municipality
38 containing the land that will be designated as an urban
39 agricultural zone; or
40 (2) in accordance with IC 5-3-5 on the official web site of the
41 designating body.
42 (d) As part of the approval of an application under this section, a
2022	IN 283—LS 6912/DI 87 16
1 designating body shall adopt an ordinance or resolution to designate an
2 area as an urban agricultural zone.
3 (e) A designating body shall monitor an urban agricultural zone
4 established under this chapter. If a designating body finds that a
5 qualifying farmer or an urban agricultural zone is not in compliance
6 with the requirements of this chapter or as reasonably imposed in the
7 ordinance or resolution adopted by the designating body, the
8 designating body may dissolve the urban agricultural zone by
9 ordinance or resolution. The designating body may not dissolve an
10 urban agricultural zone without first issuing notice to the qualifying
11 farmer and holding a hearing to provide the qualifying farmer an
12 opportunity to be heard. Notice and a hearing under this subsection
13 must comply with IC 4-21.5.
14 SECTION 14. IC 6-9-3-3.5, AS AMENDED BY P.L.152-2021,
15 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2022]: Sec. 3.5. (a) Before January 1 of each year, the board
17 of managers shall annually publish a financial report summarizing the
18 income and expenses of the board of managers for the previous twelve
19 (12) months.
20 (b) The report required by subsection (a) must be published two (2)
21 times, one (1) week apart:
22 (1) with each publication of the report in a daily or weekly
23 newspaper published in the English language and of general
24 circulation in both Clark County and Floyd County; or
25 (2) with the first publication of the report in a newspaper
26 described in subdivision (1) and the second publication of the
27 report: (A) in accordance with IC 5-3-5 and (B) on the board's
28 official web site.
29 (c) Before January 1 of each year, the board of managers shall
30 prepare a written report generally summarizing the board's activities for
31 the previous twelve (12) months. The report shall be made available on
32 an Internet web site maintained by the board of managers.
33 SECTION 15. IC 8-2-17-2, AS AMENDED BY P.L.152-2021,
34 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 2. The legislative body shall not grant a license to
36 the applicant until satisfactory evidence is produced showing that:
37 (1) the application has been on file in the office of the city or town
38 clerk for not less than fourteen (14) days; and that
39 (2) notice of the filing of the application has been posted for at
40 least two (2) weeks at the door of the city hall of any city or at
41 some public place in any town; and
42 (3) notice has been published given once each week for two (2)
2022	IN 283—LS 6912/DI 87 17
1 consecutive weeks: (1) with each publication of the notice made
2 (A) by:
3 (i) publication in a newspaper of general circulation in the
4 city or town; or
5 (ii) where there is if the city or town has no newspaper,
6 notice by posting is sufficient notice; or
7 (2) (B) with the first publication made in a newspaper
8 described in subdivision (1) and the second publication: (A)
9 by publication in accordance with IC 5-3-5 and (B) on the
10 official web site of the city or town.
11 SECTION 16. IC 8-10-5-1, AS AMENDED BY P.L.152-2021,
12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 1. As used in this chapter:
14 (1) "Port authority" means a port authority created pursuant to
15 authority of this chapter.
16 (2) The terms "port" or "harbor" may be used interchangeably and
17 when used in this chapter shall mean any area used for servicing,
18 storing, protecting, mooring, loading or unloading, or repairing
19 any watercraft, on or adjacent to any body of water which may be
20 wholly or partially within or wholly or partially adjacent to the
21 state of Indiana. The terms include a breakwater area.
22 (3) The term "watercraft" shall mean any vessel, barge, boat, ship,
23 tug, sailingcraft, skiff, raft, inboard or outboard propelled boat, or
24 any contrivance known on March 13, 1959, or invented after
25 March 13, 1959, used or designed for navigation of or use upon
26 water, including a vessel permanently anchored in a port.
27 (4) "Publication" means publication once a week for two (2)
28 consecutive weeks:
29 (A) with each publication of notice made in a newspaper of
30 general circulation in the city, county, or counties where
31 publication is required to be made; or
32 (B) with the first publication of notice made in a newspaper
33 described in clause (A) and the second publication of notice:
34 (i) in accordance with IC 5-3-5 and (ii) on the official web site
35 of the city, county, or counties where publication is required
36 to be made.
37 (5) The term "governing body" shall mean the legislative
38 authority of the governmental unit or units establishing or having
39 established a port authority under the provisions of this chapter.
40 SECTION 17. IC 8-10-5-8.7, AS AMENDED BY P.L.229-2011,
41 SECTION 101, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2022]: Sec. 8.7. (a) The board of directors may,
2022	IN 283—LS 6912/DI 87 18
1 by resolution, recommend to the governing body of the municipality or
2 municipalities creating the port authority that they authorize general
3 obligations, mortgage, or revenue bonds for any one (1) or more of the
4 following purposes:
5 (1) To acquire or improve port or harbor sites.
6 (2) To acquire, construct, extend, alter, or improve structures,
7 ways, facilities, or equipment necessary for the proper operation
8 of the port authority or the port or harbor within its jurisdiction.
9 (3) To refund outstanding bonds and matured interest coupons
10 and issue and sell refunding bonds for that purpose.
11 (b) Before making a recommendation authorized by subsection (a),
12 the board shall give notice of a public hearing at which time the board
13 shall disclose the purpose for which the bond issue is proposed, the
14 amount of the proposed issue, and all other pertinent data. At least ten
15 (10) days before the date set for hearing, the board shall publish in two
16 (2) newspapers of general circulation in the city, county, counties, or
17 other municipalities involved, a notice of the date, time, place, and
18 purpose of the hearing:
19 (1) by publishing:
20 (A) in two (2) newspapers of general circulation in the city,
21 county, counties, or other municipalities involved; or
22 (B) if there is only one (1) newspaper of general circulation
23 in the city, county, counties, or other municipalities
24 involved, one (1) notice; is sufficient. or
25 (2) in accordance with IC 5-3-5 on the official web site of the
26 city, county, counties, or other municipalities involved.
27 (c) The governing body shall review the proposal of the board of
28 directors of the port authority and if it approves shall provide for the
29 advertisement and sale of the issue in compliance with IC 5-1-11. For
30 purposes of this chapter, IC 5-1-11 applies as fully to mortgage bonds
31 as to general obligation or revenue bonds.
32 (d) Bonds issued under the authority of this chapter are not subject
33 to limitations on interest rates.
34 (e) The governing body shall fix the date, time, and place of
35 payment of principal and interest, but no issue may have a maturity
36 date later than:
37 (1) forty (40) years after date of issue, in the case of bonds issued
38 before July 1, 2011; or
39 (2) twenty-five (25) years after date of issue, in the case of bonds
40 issued after June 30, 2011.
41 (f) Bonds issued under this chapter, together with the interest
42 thereon, are tax exempt.
2022	IN 283—LS 6912/DI 87 19
1 (g) The governing body shall apply the proceeds from the sale of
2 bonds exclusively to the purposes for which the bonds were issued and
3 only to the extent necessary therefor. Any remaining balance shall be
4 placed in a sinking fund for the payment of the bonds and the interest
5 on the bonds.
6 (h) This chapter does not affect obligations existing before July 1,
7 2010, on outstanding bonds. If a board of directors or a port authority
8 is discontinued, as provided in section 4 of this chapter, the primary
9 obligations on its bonds remain unaffected. In addition, the city or
10 county or municipalities involved in the issuance of bonds shall assume
11 liability for the payment of the bonds according to their terms and in
12 relation to their interest or proportion in the bonds.
13 SECTION 18. IC 8-14-9-6, AS AMENDED BY P.L.152-2021,
14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 6. (a) A resolution adopted under section 5 of this
16 chapter shall be made available for public inspection. The board shall
17 publish notice of the adoption. The notice must contain a general
18 description of the resolution, and it must indicate that the resolution
19 and included materials may be inspected at a specified location.
20 (b) The notice shall be published once each week for two (2)
21 consecutive weeks:
22 (1) with each publication of notice in one (1) newspaper of
23 general circulation within the local county road and bridge
24 district; or
25 (2) with the first publication of notice in a newspaper described
26 in subdivision (1) and the second publication of notice: (A) in
27 accordance with IC 5-3-5 and (B) on the official web site of the
28 county in which the district is located.
29 (c) The notice shall specify a date, not less than ten (10) days after
30 the date of last publication, on which the board will conduct a hearing
31 at which interested or affected parties may object to the resolution.
32 SECTION 19. IC 9-22-1-23, AS AMENDED BY P.L.157-2017,
33 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 23. (a) This section applies to a unit or holder of
35 a mechanic's lien under this chapter, including a towing service, city,
36 town, or county.
37 (b) Except as provided in subsection (c), if the person who owns or
38 holds a lien upon a vehicle does not appear within twenty (20) days
39 after the mailing of a notice or the notification made by electronic
40 service under section 19 of this chapter, the holder of a mechanic's lien
41 may sell the vehicle or parts by either of the following methods:
42 (1) The holder of a mechanic's lien may sell the vehicle or parts
2022	IN 283—LS 6912/DI 87 20
1 to the highest bidder at a public sale or public auction. Notice of
2 the sale or auction shall be given under IC 5-3-1, except that only
3 one (1) insertion:
4 (A) in an appropriate publication; or
5 (B) if the holder of the mechanic's lien is a political
6 subdivision, on the official web site of the political
7 subdivision in accordance with IC 5-3-5;
8 one (1) week before the public sale or auction is required.
9 (2) The unit may sell the vehicle or part as unclaimed property
10 under IC 36-1-11. The twenty (20) day period for the property to
11 remain unclaimed is sufficient for a sale under this subdivision.
12 (c) This subsection applies to a consolidated city or county
13 containing a consolidated city. If the person who owns or holds a lien
14 upon a vehicle does not appear within fifteen (15) days after the
15 mailing of a notice or the notification made by electronic service under
16 section 19 of this chapter, the holder of a mechanic's lien may sell the
17 vehicle or parts by either of the following methods:
18 (1) The holder of a mechanic's lien may sell the vehicle or parts
19 to the highest bidder at a public sale. Notice of the sale shall be
20 given under IC 5-3-1, except that only one (1) newspaper
21 insertion one (1) week before the public sale is required.
22 (2) The unit may sell the vehicle or part as unclaimed property
23 under IC 36-1-11. The fifteen (15) day period for the property to
24 remain unclaimed is sufficient for a sale under this subdivision.
25 SECTION 20. IC 10-18-2-9, AS AMENDED BY P.L.152-2021,
26 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 9. (a) If a county executive has adopted designs
28 or plans for the construction of world war memorial structures as
29 provided in section 6 of this chapter, the county executive shall:
30 (1) contract with a reliable contractor for all or any part of the
31 construction of the world war memorial structure, as provided in
32 this chapter; and
33 (2) publish a notice informing the public and contractors:
34 (A) of the nature of the structures to be constructed;
35 (B) that the designs and plans are on file in the office of the
36 county executive; and
37 (C) that sealed proposals for contractors to work on the
38 construction of the world war memorial are due not earlier
39 than thirty (30) days from the first published notice.
40 (b) A notice published under subsection (a)(2) shall be published for
41 at least three (3) consecutive weeks:
42 (1) with each publication of notice: in a newspaper of general
2022	IN 283—LS 6912/DI 87 21
1 circulation published in the county; or
2 (2) with the first publication of notice in a newspaper described
3 in subdivision (1) and the two (2) subsequent publications: (A) in
4 accordance with IC 5-3-5 and (B) on the county's official web site.
5 (c) A county executive shall, by order, impose conditions upon:
6 (1) bidders;
7 (2) contractors;
8 (3) subcontractors; and
9 (4) materialmen;
10 with regard to bond and surety and guaranteeing the faithful
11 completion of work according to contract.
12 (d) All contracts with builders, architects, or materialmen must
13 reserve to the county executive for good cause shown the right to
14 cancel a contract and to relet work to others. If a contract is canceled,
15 at least ten percent (10%) shall be reserved from payments on estimates
16 on work done in progress until the contracts are completed and the
17 work done, inspected, and accepted by the county executive.
18 (e) A payment, partial or final, may not be construed as a waiver of
19 defective work or materials or as a release for damages on account of
20 defective work or materials.
21 (f) A surety may not be released from any obligation on its bond if
22 the contractor is paid the whole or any part of the percentages required
23 to be reserved from current estimates. A surety may not be released by
24 any final payment made to the contractor.
25 SECTION 21. IC 10-18-3-2, AS AMENDED BY P.L.152-2021,
26 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 2. (a) The board of commissioners of a county or
28 the common council of a city shall, on petition of at least one hundred
29 (100) adult citizens of the county or city, appoint a committee to be
30 known as the memorial committee. The appointments may not be made
31 until after notice of the filing of the petition has been published for at
32 least two (2) weeks, once each week:
33 (1) with each publication of notice made in a newspaper of
34 general circulation in the county or city; or
35 (2) with the first publication of notice made in a newspaper
36 described in subdivision (1) and the second publication of notice:
37 (A) in accordance with IC 5-3-5 and (B) on the official web site
38 of the county or city.
39 (b) The committee must have at least five (5) but not more than
40 fifteen (15) members. Each committee member must be a citizen of the
41 county or city in which the memorial is proposed. The members must
42 be appointed based solely upon their fitness, and the committee must
2022	IN 283—LS 6912/DI 87 22
1 include representatives of educational, benevolent, labor, and other
2 interests.
3 (c) The members of the committee serve without compensation.
4 However, the board of commissioners or common council may
5 compensate members for necessary expenses in the performance of
6 their duty, including compensation of expert advisers. The board of
7 commissioners or common council may make an appropriation in
8 advance to compensate members for necessary expenses.
9 (d) The committee shall make a careful study of the subject of a
10 suitable memorial in the county or city and report its conclusions to the
11 board of commissioners or common council. The report must include:
12 (1) the kind of memorial regarded by the committee as
13 appropriate;
14 (2) the estimated cost of erection and maintenance;
15 (3) the method of control; and
16 (4) any other matter the committee considers proper.
17 The committee shall make the report within six (6) months after
18 appointment, unless a longer time is given by the board of
19 commissioners or common council. A committee that fails to report
20 within the time allowed is immediately regarded as dissolved, and the
21 board of commissioners or common council shall appoint a new
22 committee. A new committee appointed under this subsection is
23 governed by the same rule regarding the filing of a report and
24 dissolution.
25 (e) A vacancy in the committee shall be filled by the board of
26 commissioners or common council.
27 (f) A county or city in which a memorial committee has been
28 appointed may not erect or provide for the erection of a memorial until
29 the committee has made its report.
30 SECTION 22. IC 10-18-3-3, AS AMENDED BY P.L.152-2021,
31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 3. (a) Public notice must be provided in the
33 manner set forth under this section if a petition signed by:
34 (1) at least five hundred (500) citizens and taxpayers of a county;
35 or
36 (2) at least two hundred (200) citizens and taxpayers of a city;
37 requests the establishment and maintenance within the county or city
38 of a memorial for the soldiers and sailors of World War I. The petition
39 must be addressed to the board of commissioners of the county or the
40 common council of the city and filed in the office of the auditor of the
41 county or clerk of the city.
42 (b) The auditor or clerk shall:
2022	IN 283—LS 6912/DI 87 23
1 (1) publish a notice that includes a copy of the petition or a
2 summary of the petition:
3 (A) in a newspaper of general circulation printed and
4 published in the county or city; or
5 (B) in accordance with IC 5-3-5 on the official web site of
6 the county or city;
7 (2) post a notice that includes a copy of the petition or a summary
8 of the petition in at least ten (10) public places in the county; and
9 (3) post a notice that includes a copy of the petition or a summary
10 of the petition at the door of the county courthouse.
11 Notice under this subsection must also include the day the petition will
12 be presented to the board. The day of the hearing must be fixed by the
13 auditor or clerk at least thirty (30) days but not more than forty (40)
14 days after the day of the filing of the petition.
15 (c) Notice of the petition signed by the auditor or clerk must be
16 posted for at least twenty (20) days and published for three (3)
17 consecutive weeks:
18 (1) with each publication of notice in a newspaper of general
19 circulation printed and published in the county or city; or
20 (2) with: (A) the first publication of notice in a newspaper
21 described in subdivision (1); and (B) the two (2) subsequent
22 publications of notice: (i) in accordance with IC 5-3-5 and (ii) on
23 the official web site of the county or city;
24 before the day designated by the auditor or clerk for the hearing.
25 SECTION 23. IC 10-18-4-10, AS AMENDED BY P.L.152-2021,
26 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 10. (a) After the board of public works has
28 adopted the necessary designs, plans, and specifications for
29 construction of the World War memorial structures as provided in this
30 chapter, the board of public works shall award contracts for all or any
31 part of the World War memorial structures to competent and reliable
32 contractors as provided in this section.
33 (b) The board of public works shall publish in accordance with
34 subsection (c) a notice:
35 (1) informing the public and contractors of the general nature of
36 the structures to be constructed and of the fact that designs, plans,
37 drawings, and specifications are on file in the office of the board
38 of public works; and
39 (2) calling for sealed proposals for the work on a day not earlier
40 than thirty (30) days from the first of such publications.
41 (c) The notice shall be published for at least three (3) weeks:
42 (1) with each publication of notice in a newspaper of general
2022	IN 283—LS 6912/DI 87 24
1 circulation, printed and published in the English language in the
2 city; or
3 (2) with the first publication of notice in a newspaper described
4 in subdivision (1) and the two (2) subsequent publications of
5 notice: (A) in accordance with IC 5-3-5 and (B) on the official
6 web site of the city.
7 (d) The board of public works shall, by order, impose conditions
8 upon bidders, contractors, subcontractors, and materialmen with regard
9 to bond and surety, guaranteeing the good faith and responsibility of
10 the bidders, contractors, subcontractors, and materialmen and insuring
11 the faithful completion of the work, according to contract, or for any
12 other purpose.
13 (e) The board of public works shall reserve ten percent (10%) from
14 payments or estimates on work in progress until the contract is
15 completed and the work done is inspected and accepted by the board.
16 All contracts with contractors, subcontractors, architects, or
17 materialmen must reserve:
18 (1) to the board of public works, for good cause shown, the right
19 to cancel the contract and to award the work to others; and
20 (2) at least ten percent (10%) from payments or estimates on work
21 in progress until the contract is completed and the work done is
22 inspected and accepted by the board.
23 (f) Payment by the board of public works, partial or final, may not
24 be construed as a waiver of defective work or materials or as a release
25 for damages on account of the defective work or materials. A surety
26 may not be released from any obligation on the surety's bond if a
27 contractor should be paid the whole or any part of the percentage
28 required to be reserved from current estimates. A surety may not be
29 released by any final payment made to a contractor.
30 SECTION 24. IC 13-21-5-2 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) A district must
32 conduct at least one (1) regularly scheduled public meeting each month
33 before the creation, amendment, or alteration of the district solid waste
34 management plan. The board shall give notice of each public meeting
35 in accordance with IC 5-14-1.5. In addition, a copy of the schedule of
36 regularly scheduled monthly meetings shall annually be submitted for
37 publication to published by either of the following methods:
38 (1) By publication in a newspaper of general circulation in each
39 county of the district. The notice:
40 (1) (A) must be at least two (2) columns wide by five (5)
41 inches long; and
42 (2) (B) may not be placed in the part of the newspaper where
2022	IN 283—LS 6912/DI 87 25
1 legal notices and classified advertisements appear.
2 (2) By publication in accordance with IC 5-3-5 on the official
3 web site of the district.
4 (b) Public comments shall be taken at each board meeting.
5 SECTION 25. IC 13-21-5-7 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) If the board
7 conducts a meeting other than a regularly scheduled public meeting
8 conducted under section 2 of this chapter:
9 (1) notice of the meeting must be given in accordance with
10 IC 5-14-1.5-5;
11 (2) an agenda of the meeting must be posted at least forty-eight
12 (48) hours in advance under IC 5-14-1.5-4; and
13 (3) the board shall provide notice by:
14 (A) notify notifying a general circulation newspaper in each
15 county that makes up the district of the meeting and the
16 agenda to be discussed; or
17 (B) publishing notice in accordance with IC 5-3-5 on the
18 official web site of the district.
19 (b) The notice to the newspaper under this section shall be given by:
20 (1) first class mail if notice can reasonably be expected to reach
21 the newspaper at least forty-eight (48) hours before the meeting;
22 and
23 (2) telephone if notice cannot reasonably be expected to reach the
24 newspaper under subdivision (1).
25 (c) At the meeting, the board may discuss only those matters that
26 were indicated on the meeting agenda prepared under this section.
27 SECTION 26. IC 13-23-16-3, AS ADDED BY P.L.221-2007,
28 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 3. Not more than seven (7) days after receiving a
30 notice from the department under section 2 of this chapter, a county
31 health officer shall do the following:
32 (1) Publish notice of the release, spill, or overfill:
33 (A) in a newspaper of general circulation in the county health
34 officer's county; or
35 (B) in accordance with IC 5-3-5 on the official web site of
36 the county.
37 (2) Provide any other notice of the release, spill, or overfill the
38 county health officer considers necessary or appropriate.
39 SECTION 27. IC 13-26-2-2.5, AS AMENDED BY P.L.152-2021,
40 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 2.5. (a) Before a representative may file a petition
42 to establish a district, the representative must provide notice to all
2022	IN 283—LS 6912/DI 87 26
1 owners of property to be served by the proposed district that is the
2 subject of the petition.
3 (b) Notice under subsection (a) must be provided as follows:
4 (1) Beginning at least thirty (30) days before the date on which a
5 public meeting under subsection (c) is scheduled, by publication
6 of notice for three (3) consecutive weeks:
7 (A) with each publication of notice: (i) in:
8 (i) at least two (2) newspapers of general circulation in each
9 of the counties, in whole or in part, in the proposed district;
10 or
11 (ii) if there is only one (1) newspaper of general circulation
12 in a county, a single publication in one (1) newspaper;
13 satisfies the requirement of this subdivision; or
14 (B) with the first publication of notice made in a newspaper or
15 newspapers described in clause (A) and the two (2) subsequent
16 publications of notice: (i) in accordance with IC 5-3-5 and (ii)
17 on the official web site of each county in the proposed district.
18 (2) Beginning at least fourteen (14) days before the date on which
19 a public meeting under subsection (c) is scheduled, by:
20 (A) first class United States mail, postage prepaid, mailed to
21 each freeholder within the proposed district; and
22 (B) broadcasting at least three (3) public service
23 announcements each day for fourteen (14) days on at least two
24 (2) radio stations operating in each of the counties, in whole or
25 in part, in the proposed district.
26 (c) After providing notice under subsection (b), a representative that
27 seeks to file a petition to establish a district must conduct a public
28 meeting to discuss and receive comments on the proposed district.
29 (d) A representative may not file a petition to establish a district:
30 (1) more than one hundred eighty (180) or less than sixty (60)
31 days after providing notice under subsection (b); or
32 (2) less than thirty (30) days after a meeting held under subsection
33 (c).
34 SECTION 28. IC 13-26-5-6.5, AS AMENDED BY P.L.152-2021,
35 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 6.5. A district that intends to extend service within
37 its territory shall provide notice to all owners of property to be served
38 by the proposed extension of service in the following manner not later
39 than sixty (60) days from the date of the decision to extend service:
40 (1) By publication one (1) time each week for three (3)
41 consecutive weeks:
42 (A) with each publication of notice: (i) in:
2022	IN 283—LS 6912/DI 87 27
1 (i) at least two (2) newspapers of general circulation in each
2 of the counties, in whole or in part, of the district affected by
3 the proposed extension of service; or
4 (ii) if there is only one (1) newspaper of general circulation
5 in a county, a single publication; satisfies the requirement of
6 this subdivision; or
7 (B) with the first publication of notice made in a newspaper or
8 newspapers described in clause (A) and the two (2) subsequent
9 publications of notice: (i) in accordance with IC 5-3-5 and (ii)
10 on the official web site of the district.
11 (2) By United States mail, postage prepaid, mailed to each
12 freeholder within the territory to which the district proposes to
13 extend service.
14 SECTION 29. IC 13-26-11-12, AS AMENDED BY P.L.152-2021,
15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2022]: Sec. 12. After introduction of the ordinance initially
17 fixing rates or charges but before the ordinance is finally adopted,
18 notice of the hearing setting forth the proposed schedule of the rates or
19 charges must be given by publication one (1) time each week for two
20 (2) weeks:
21 (1) with each publication of notice in a newspaper of general
22 circulation in each of the counties with territory in the district; or
23 (2) with the first publication of notice in a newspaper described
24 in subdivision (1) and the second publication of notice: (A) in
25 accordance with IC 5-3-5 and (B) on the official web site of the
26 district.
27 The last publication must be at least seven (7) days before the date
28 fixed in the notice for the hearing. The hearing may be adjourned as
29 necessary.
30 SECTION 30. IC 13-26-11-13, AS AMENDED BY P.L.84-2016,
31 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 13. (a) The ordinance establishing the initial rates
33 or charges, either as:
34 (1) originally introduced; or
35 (2) modified and amended;
36 shall be passed and put into effect after the hearing.
37 (b) A copy of the schedule of the rates and charges established must
38 be:
39 (1) kept on file in the office of the district; and
40 (2) open to public inspection.
41 (c) Whenever the board acts under section 8(b) of this chapter to
42 change or readjust the rates and charges, the board shall mail, either
2022	IN 283—LS 6912/DI 87 28
1 separately or along with a periodic billing statement, a notice of the
2 new rates and charges to each user affected by the change or
3 readjustment. In the case of a sewage district, if the change or
4 readjustment increases the rates and charges by the amount specified
5 in section 15(c) of this chapter, the notice required by this subsection:
6 (1) must include a statement of a ratepayer's rights under section
7 15 of this chapter; and
8 (2) shall be mailed within the time specified in section 15(c) of
9 this chapter.
10 (d) Following the passage of an ordinance under subsection (a), the
11 lesser of fifty (50) or ten percent (10%) of the ratepayers of the district
12 may file a written petition objecting to the initial rates and charges of
13 the district. A petition filed under this subsection must:
14 (1) contain the name and address of each petitioner;
15 (2) be filed with a member of the district authority, in the county
16 where at least one (1) petitioner resides, not later than thirty (30)
17 days after the district adopts the ordinance; and
18 (3) set forth the grounds for the ratepayers' objection.
19 (e) The district authority shall set the matter for public hearing not
20 less than ten (10) business days but not later than twenty (20) business
21 days after the petition has been filed. The district authority shall:
22 (1) send notice of the hearing by certified mail to the district and
23 the first listed petitioner; and
24 (2) publish the notice of the hearing:
25 (A) in a newspaper of general circulation in each county in the
26 district; or
27 (B) in accordance with IC 5-3-5 on the official web site of
28 the district.
29 (f) Upon the date fixed in the notice, the district authority shall hear
30 the evidence produced and determine the following:
31 (1) Whether the board of trustees of the district, in adopting the
32 ordinance establishing sewer rates and charges, followed the
33 procedure required by this chapter.
34 (2) Whether the sewer rates and charges established by the board
35 by ordinance are just and equitable rates and charges, according
36 to the standards set forth in section 9 of this chapter.
37 (g) After the district authority hears the evidence produced and
38 makes the determinations set forth in subsection (f), the district
39 authority, by a majority vote, shall:
40 (1) sustain the ordinance establishing the rates and charges;
41 (2) sustain the petition; or
42 (3) make any other ruling appropriate in the matter, subject to the
2022	IN 283—LS 6912/DI 87 29
1 standards set forth in section 9 of this chapter.
2 (h) The order of the district authority may be appealed by the district
3 or a petitioner to the circuit court, superior court, or probate court of
4 the county in which the district is located. The court shall try the appeal
5 without a jury and shall determine one (1) or both of the following:
6 (1) Whether the board of trustees of the district, in adopting the
7 ordinance establishing sewer rates and charges, followed the
8 procedure required by this chapter.
9 (2) Whether the sewer rates and charges established by the board
10 by ordinance are just and equitable rates and charges, according
11 to the standards set forth in section 9 of this chapter.
12 Either party may appeal the circuit court's, superior court's, or probate
13 court's decision in the same manner that other civil cases may be
14 appealed.
15 SECTION 31. IC 13-26-11-15, AS AMENDED BY P.L.84-2016,
16 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 15. (a) A district authority is established in each
18 regional sewage district established under this article. A district
19 authority:
20 (1) must consist of an odd number of members;
21 (2) must consist of at least three (3) members; and
22 (3) may not include as a member any person who serves on the
23 board of trustees of the district.
24 (b) The district authority of a regional sewage district consists of the
25 following members:
26 (1) In the case of a regional sewage district located in one (1)
27 county, the following members:
28 (A) If no members of the county executive are trustees of the
29 regional sewage district, the county executive of the county.
30 (B) If:
31 (i) one (1) or more members of the county executive are
32 trustees of the regional sewage district; and
33 (ii) no members of the county fiscal body are trustees of the
34 regional sewage district;
35 the members of the county fiscal body.
36 (C) If the regional sewage district's board of trustees consists
37 of one (1) or more members of the county executive and one
38 (1) or more members of the county fiscal body, three (3)
39 members appointed as follows:
40 (i) Two (2) members appointed by the county executive. If
41 not all of the members of the county executive are trustees
42 of the district, the county executive may appoint either or
2022	IN 283—LS 6912/DI 87 30
1 both of the two (2) members required by this item from
2 among the county executive's own membership, subject to
3 subsection (a)(3).
4 (ii) One (1) member appointed by the county fiscal body. If
5 not all of the members of the county fiscal body are trustees
6 of the district, the county fiscal body may appoint the
7 member required by this item from among the county fiscal
8 body's own membership, subject to subsection (a)(3).
9 (2) In the case of a regional sewage district located in more than
10 one (1) county, the following members:
11 (A) If:
12 (i) an odd number of counties are part of the regional sewage
13 district; and
14 (ii) each county in the district has at least one (1) county
15 executive member who is not a trustee of the regional
16 sewage district;
17 one (1) county executive member, appointed by that member's
18 county executive, from each county in which the district is
19 located, subject to subsection (a)(3).
20 (B) If an even number of counties are part of the regional
21 sewage district, the following members:
22 (i) Two (2) county executive members, appointed by those
23 members' county executive, from the county that has the
24 largest number of customers served by the district's sewer
25 system. However, if the county that has the largest number
26 of customers served by the district's sewer system does not
27 have at least two (2) members of its executive who are not
28 also trustees of the district, the county executive of that
29 county may appoint one (1) or more of the members
30 required by this item from outside the county executive's
31 own membership in order to comply with subsection (a)(3).
32 (ii) One (1) county executive member, appointed by that
33 member's county executive, from each county, other than the
34 county described in item (i), in which the district is located.
35 However, if a county described in this item does not have at
36 least one (1) member of its executive who is not also a
37 trustee of the district, the county executive of that county
38 may appoint the member required by this item from outside
39 the county executive's own membership in order to comply
40 with subsection (a)(3).
41 (C) If an odd number of counties are part of the regional
42 sewage district and an odd number of those counties in the
2022	IN 283—LS 6912/DI 87 31
1 district do not have at least one (1) county executive member
2 who is not also a trustee of the district, the following members:
3 (i) One (1) county executive member, appointed by that
4 member's county executive, from each county that has at
5 least one (1) county executive member who is not also a
6 trustee of the district, subject to subsection (a)(3).
7 (ii) One (1) member appointed by the county executive of
8 each county that does not have at least one (1) county
9 executive member who is not also a trustee of the district. A
10 member appointed under this item must be appointed from
11 outside the appointing county executive's own membership,
12 subject to subsection (a)(3).
13 (c) If a district adopts an ordinance increasing sewer rates and
14 charges at a rate that is greater than five percent (5%) per year, as
15 calculated from the rates and charges in effect from the date of the
16 district's last rate increase, the district shall mail, either separately or
17 along with a periodic billing statement, a notice of the new rates and
18 charges to each user of the sewer system who is affected by the
19 increase. The notice:
20 (1) shall be mailed not later than seven (7) days after the district
21 adopts the ordinance increasing the rates and charges; and
22 (2) must include a statement of a ratepayer's rights under this
23 section.
24 (d) If subsection (c) applies, fifty (50) ratepayers of the district or
25 ten percent (10%) of the district's ratepayers, whichever is fewer, may
26 file a written petition objecting to the rates and charges of the district.
27 A petition filed under this subsection must:
28 (1) contain the name and address of each petitioner;
29 (2) be filed with a member of the district authority, in the county
30 where at least one (1) petitioner resides, not later than thirty (30)
31 days after the district adopts the ordinance establishing the rates
32 and charges; and
33 (3) set forth the grounds for the ratepayers' objection.
34 If a petition meeting the requirements of this subsection is filed, the
35 district authority shall investigate and conduct a public hearing on the
36 petition. If more than one (1) petition concerning a particular increase
37 in rates and charges is filed, the district authority shall consider the
38 objections set forth in all the petitions at the same public hearing.
39 (e) The district authority shall set the matter for public hearing not
40 less than ten (10) business days but not later than twenty (20) business
41 days after the petition has been filed. The district authority shall:
42 (1) send notice of the hearing by certified mail to the district and
2022	IN 283—LS 6912/DI 87 32
1 the first listed petitioner; and
2 (2) publish the notice of the hearing:
3 (A) in a newspaper of general circulation in each county in the
4 district; or
5 (B) in accordance with IC 5-3-5 on the official web site of
6 the district.
7 (f) Upon the date fixed in the notice, the district authority shall hear
8 the evidence produced and determine the following:
9 (1) Whether the board of trustees of the district, in adopting the
10 ordinance increasing sewer rates and charges, followed the
11 procedure required by this chapter.
12 (2) Whether the increased sewer rates and charges established by
13 the board by ordinance are just and equitable rates and charges,
14 according to the standards set forth in section 9 of this chapter.
15 (g) After the district authority hears the evidence produced and
16 makes the determinations set forth in subsection (f), the district
17 authority, by a majority vote, shall:
18 (1) sustain the ordinance establishing the rates and charges;
19 (2) sustain the petition; or
20 (3) make any other ruling appropriate in the matter, subject to the
21 standards set forth in section 9 of this chapter.
22 (h) The order of the district authority may be appealed by the district
23 or a petitioner to the circuit court, superior court, or probate court of
24 the county in which the district is located. The court shall try the appeal
25 without a jury and shall determine one (1) or both of the following:
26 (1) Whether the board of trustees of the district, in adopting the
27 ordinance increasing sewer rates and charges, followed the
28 procedure required by this chapter.
29 (2) Whether the increased sewer rates and charges established by
30 the board by ordinance are just and equitable rates and charges,
31 according to the standards set forth in section 9 of this chapter.
32 Either party may appeal the circuit court's, superior court's, or probate
33 court's decision in the same manner that other civil cases may be
34 appealed.
35 SECTION 32. IC 14-26-8-7, AS AMENDED BY P.L.152-2021,
36 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 7. (a) Within ten (10) days after the filing of a
38 petition, the clerk shall docket the petition as a cause of action pending
39 in the circuit or superior court. The clerk shall cause notice to be given
40 at least thirty (30) days before the date set for the hearing as follows:
41 (1) By publication one (1) time each week for two (2) consecutive
42 weeks:
2022	IN 283—LS 6912/DI 87 33
1 (A) with each publication:
2 (i) in not less than two (2) newspapers of general circulation
3 published in each county in which the lake is located; or
4 (ii) if there are not two (2) newspapers of general circulation
5 published in a county, in one (1) newspaper of general
6 circulation published in the county; or
7 (B) with the first publication of notice in a newspaper or
8 newspapers described in clause (A) and the second publication
9 of notice: (i) in accordance with IC 5-3-5 and (ii) on the
10 official web site of each county in which the lake is located.
11 (2) By posting a written or printed notice at the door of the
12 courthouse in each county in which the lake lies.
13 (3) By sending written notice to the following:
14 (A) The county surveyor and county commissioners of each
15 county affected.
16 (B) The department.
17 (b) The notice must do the following:
18 (1) Briefly describe the location and nature of the proposed work
19 contained in the petition.
20 (2) Fix a day for the hearing on the petition.
21 SECTION 33. IC 14-26-8-36 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 36. (a) The county
23 surveyor shall proceed to have the improvement constructed as
24 provided by section 32 or 34 of this chapter. The county surveyor shall
25 keep in the surveyor's office copies of the plans and specifications,
26 which shall be open for the inspection of any landowner interested or
27 any contractor who may be a prospective bidder on the work.
28 (b) The county surveyor shall give notice by publication:
29 (1) in a newspaper of general circulation printed and published in:
30 the following:
31 (1) (A) each county in which the lake lies; and
32 (2) (B) each county where land assessed as benefited is
33 situated; or
34 (2) in accordance with IC 5-3-5 on the official web site of each
35 county described in subdivision (1).
36 (c) The notice must state that on a certain day and date, which may
37 not be less than fifteen (15) days from the date of the publication, the
38 surveyor will do the following:
39 (1) Receive sealed bids for the furnishing of all material and labor
40 necessary for the construction of the work.
41 (2) Let the contract to the lowest and best bidder or reject all bids
42 and re-advertise for new bids.
2022	IN 283—LS 6912/DI 87 34
1 (d) The surveyor may:
2 (1) let the work as a whole; or
3 (2) subdivide the work into at least two (2) sections and let the
4 work in separate contracts that will, in the surveyor's best
5 judgment, most speedily and economically accomplish the
6 completion of the work.
7 SECTION 34. IC 14-26-8-52 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 52. (a) The auditor of
9 each county affected shall give notice, by publication in a newspaper
10 published in the county, not less than thirty (30) days before the day for
11 payment of assessments, of the following:
12 (1) That the assessment sheet has been prepared and placed in the
13 hands of the county treasurer for collection.
14 (2) The time and manner in which the assessments are required to
15 be paid.
16 (3) That a person affected who desires to pay the assessment to
17 discharge the person's land from all liability to the assessment on
18 or before the day named in the order may do so.
19 (b) The auditor of each county shall give the notice described in
20 subsection (a) by publication:
21 (1) in a newspaper published in the county; or
22 (2) in accordance with IC 5-3-5 on the official web site of the
23 county.
24 SECTION 35. IC 14-27-6-30 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 30. The board may
26 perform all acts necessary or reasonably incident to carrying out the
27 purposes of this chapter, including the following powers:
28 (1) To sue and be sued collectively by the board's name
29 "__________ Levee Authority", with service of process being had
30 on the president of the board. However, costs may not be taxed
31 against the board or any of the board's members in an action.
32 (2) To have exclusive jurisdiction within the district.
33 (3) To adopt ordinances to protect all property owned or managed
34 by the board.
35 (4) To adopt an annual budget and levy taxes not to exceed two
36 and sixty-seven hundredths cents ($0.0267) on each one hundred
37 dollars ($100) of assessed property in accordance with this
38 chapter.
39 (5) To incur indebtedness in the name of the authority in
40 accordance with this chapter.
41 (6) To:
42 (A) acquire real, personal, or mixed property by deed,
2022	IN 283—LS 6912/DI 87 35
1 purchase, lease, condemnation, or otherwise; and
2 (B) dispose of the property;
3 for flood control purposes.
4 (7) To do the following:
5 (A) Receive gifts, donations, bequests, and public trusts.
6 (B) Agree to accompanying conditions and terms and bind the
7 authority to carry out the terms and conditions.
8 (8) To determine matters of policy regarding internal organization
9 and operating procedures not specifically provided for otherwise.
10 (9) In addition to all other powers conferred by this chapter and
11 IC 14-27-3, to do the following:
12 (A) Cooperate with an officer or agency of the federal
13 government in the performance of any of the work authorized
14 by this chapter.
15 (B) Accept labor, material, or financial assistance.
16 (C) Do all things not inconsistent with this chapter necessary
17 to satisfy the requirements of the federal authorities for the
18 purpose of obtaining aid from the federal government.
19 (10) To purchase supplies, materials, and equipment to carry out
20 the duties and functions of the board in accordance with
21 procedures adopted by the board and in accordance with general
22 law.
23 (11) To employ personnel as necessary to carry out the duties,
24 functions, and powers of the board.
25 (12) To sell surplus or unneeded property in accordance with
26 procedures prescribed by the board.
27 (13) To adopt administrative rules to do the following:
28 (A) Carry out the board's powers and duties.
29 (B) Govern the duties of the board's officers, employees, and
30 personnel.
31 (C) Govern the internal management of the affairs of the
32 board.
33 The board shall publish all rules adopted by the board for at least
34 ten (10) days in a newspaper of general circulation printed in the
35 district or in accordance with IC 5-3-5 on the official web site
36 of the authority.
37 (14) To fix the salaries or compensation of the officers and
38 employees of the authority, except as otherwise provided by this
39 chapter.
40 (15) To carry out the purposes and objects of the authority.
41 (16) To adopt and use a seal.
42 (17) To:
2022	IN 283—LS 6912/DI 87 36
1 (A) acquire land, easements, and rights-of-way; and
2 (B) establish, construct, improve, equip, maintain, control,
3 lease, and regulate levees and the land owned adjacent to the
4 levees, either within or outside the district;
5 for flood prevention purposes. However, if at the time of the
6 creation of the levee authority a political subdivision owns or
7 controls a levee, upon the qualification of the members of the
8 board the exclusive control, management, and authority over each
9 levee owned or controlled by a political subdivision shall be
10 transferred to the board without the passage of an ordinance. The
11 board of public works of the political subdivision or other persons
12 having possession or control of a levee shall immediately deliver
13 to the board all personal property and records, books, maps, and
14 other papers and documents relating to the levee.
15 (18) To:
16 (A) elect a secretary from the board's membership; or
17 (B) employ a secretary;
18 and fix the compensation of the secretary.
19 (19) To do the following:
20 (A) Employ superintendents, managers, engineers, surveyors,
21 attorneys, clerks, guards, mechanics, laborers, and all other
22 employees the board considers expedient. All employees shall
23 be selected and appointed irrespective of political affiliations.
24 (B) Prescribe and assign the duties and authority of the
25 employees.
26 (C) Fix the compensation to be paid to the persons employed
27 by the board in accordance with appropriations made by the
28 city fiscal body.
29 (D) Require a bond on any officer or employee of the authority
30 in the amount, upon the terms and conditions, and with surety
31 to the approval of the board.
32 (20) To adopt rules not in conflict with:
33 (A) Indiana law;
34 (B) the ordinances of the city; or
35 (C) the laws or regulations of the United States and the United
36 States Corps of Army Engineers;
37 regulating the construction, maintenance, and control of the
38 board's levees and other property under the board's control.
39 (21) To establish the board's own detail or department of police
40 or to hire guards to execute the orders and enforce the rules of the
41 board.
42 (22) To permit the federal government to do the following:
2022	IN 283—LS 6912/DI 87 37
1 (A) Construct or repair, on land or rights-of-way owned by the
2 authority, levees, dikes, breakwaters, pumping stations,
3 syphons, and flood gates.
4 (B) Construct or repair sewers, ditches, drains, diversion
5 channels, and watercourses if necessary in the actual
6 construction, repair, and maintenance of a levee and along
7 land or rights-of-way owned by the authority.
8 (23) To do the following:
9 (A) Construct, maintain, and repair levees, dikes, breakwaters,
10 pumping stations, and flood gates.
11 (B) Construct or repair sewers, ditches, drains, diversion
12 channels, and watercourses if necessary in the actual
13 construction, repair, and maintenance of a levee.
14 (24) To sell machinery, equipment, or material under the control
15 of the board that the board determines is not required for levee
16 purposes. The proceeds derived from the sale shall be deposited
17 with the treasurer of the authority.
18 (25) To negotiate and execute:
19 (A) contracts of sale or purchase;
20 (B) leases;
21 (C) contracts for personal services, materials, supplies, or
22 equipment; or
23 (D) any other transaction, business or otherwise;
24 relating to a levee under the board's control and operation.
25 However, if the board determines to sell part or all of levee land,
26 buildings, or improvements owned by the authority, the sale must
27 be in accordance with statute. If personal property under the
28 control of the board valued in excess of five hundred dollars
29 ($500) is to be sold, the board shall sell to the highest and best
30 bidder after due publication of notice of the sale.
31 (26) To contract with other political subdivisions and state
32 agencies under IC 36-1-7 for:
33 (A) the provision of services;
34 (B) the rental or use of equipment or facilities; or
35 (C) the joint purchase and use of equipment or facilities;
36 considered proper by the contracting parties for use in the
37 operation, maintenance, or construction of a levee operated under
38 this chapter.
39 SECTION 36. IC 14-27-8-7 IS AMENDED TO READ AS
40 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) Upon the filing
41 of a petition described in section 4 of this chapter, the clerk of the court
42 shall do the following:
2022	IN 283—LS 6912/DI 87 38
1 (1) Fix by endorsement upon the petition a day in the next term of
2 the court, not less than twenty (20) days later than the date of the
3 filing of the petition, for the hearing.
4 (2) Give notice of the filing and hearing at least ten (10) days
5 before the day fixed for the hearing as follows:
6 (A) By summons, which shall be served by United States mail,
7 return receipt requested.
8 (B) For owners of land in the city or town, by reading to the
9 legislative body of the city or town or a majority of the
10 members.
11 (C) By posting notice in five (5) of the most public places
12 within the proposed district.
13 (D) By posting one (1) notice at the door of the courthouse in
14 the county in which the petition is filed.
15 (E) For nonresidents of Indiana, by publication one (1) time:
16 (i) in a newspaper of general circulation in the county; or
17 (ii) in accordance with IC 5-3-5 on the official web site of
18 the authority.
19 (b) When notified under subsection (a), the legislative body shall
20 make every reasonable effort to see that landowners in the city or town
21 included in the proposed district are informed of the proposed district.
22 SECTION 37. IC 14-28-4-21, AS AMENDED BY P.L.152-2021,
23 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 21. (a) After the commission submits the final
25 report, the legislative body of the county or municipality shall give all
26 interested persons an opportunity to be heard with reference to the final
27 report at a public hearing convenient for all persons affected. The
28 legislative body shall publish notice of the hearing:
29 (1) in a daily newspaper of general circulation in the county or
30 municipality; or
31 (2) in accordance with IC 5-3-5 on the official web site of the
32 county or municipality.
33 (b) The notice must state the following:
34 (1) The time and place of the hearing.
35 (2) That the report contains a flood plain zoning ordinance for the
36 county or municipality.
37 (3) That written objections to the proposed zoning ordinance filed
38 with the clerk of the legislative body at or before the hearings will
39 be heard.
40 (4) That the hearing will be continued as is necessary.
41 (c) The notice shall be published at least two (2) times within the
42 not later than ten (10) days before the time set for the hearing:
2022	IN 283—LS 6912/DI 87 39
1 (1) with each publication in a daily newspaper of general
2 circulation in the county or municipality; or
3 (2) with the first publication of notice in a newspaper described
4 in subdivision (1) and the second publication of notice: (A) in
5 accordance with IC 5-3-5 and (B) on the official web site of the
6 county or municipality.
7 During the ten (10) day period, the proposed zoning ordinance shall be
8 kept on file in the office of the commission or other designated place
9 for public examination.
10 (d) Upon completion of the public hearing, the legislative body shall
11 proceed to consider the ordinance.
12 SECTION 38. IC 14-28-4-25 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 25. (a) Before the
14 commission submits to the legislative body:
15 (1) a petition; or
16 (2) a report on a proposed ordinance referred to the commission;
17 for an amendment, a supplement, or a repeal of the zoning ordinance,
18 the commission shall hold a public hearing.
19 (b) At least ten (10) days before the date set for the hearing, the
20 commission shall publish notice of the time and place of the hearing:
21 (1) in a newspaper of general circulation in the county or
22 municipality; or
23 (2) a notice of the time and place of the hearing. in accordance
24 with IC 5-3-5 on the official web site of the county or
25 municipality.
26 (c) After the public hearing has been held, the commission may by
27 resolution recommend the proposed amendments to the legislative
28 body of the county or municipality. However:
29 (1) the commission may not recommend; and
30 (2) the legislative body may not adopt;
31 flood plain district boundaries less extensive than those established by
32 the United States Department of Housing and Urban Development or
33 the department.
34 (d) The secretary shall do the following:
35 (1) Certify a copy of an amendment to the legislative body.
36 (2) Present the amendment at the legislative body's first meeting
37 following commission action.
38 SECTION 39. IC 14-33-2-12, AS AMENDED BY P.L.152-2021,
39 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 12. (a) This subsection applies only to a petition
41 by freeholders. The petitioners shall give notice of hearing on the
42 petition as follows:
2022	IN 283—LS 6912/DI 87 40
1 (1) By publication in two (2) newspapers of general circulation in
2 each county having land in the proposed district, three (3) times
3 at successive weekly intervals. The first publication must be at
4 least thirty (30) days before the date of the hearing. If there is only
5 one (1) newspaper of general circulation in a county, three (3)
6 publications in that newspaper are sufficient.
7 (2) By mailing a copy of the notice at least twenty (20) days
8 before the date of the hearing, first class postage prepaid, to each
9 freeholder who has not signed the petition and who owns land in
10 the proposed district, according to the records of the county
11 auditor. The person having the notice mailed shall file an affidavit
12 with the court showing the following:
13 (A) The names of the persons to whom notice was sent.
14 (B) The address to which the notice was sent.
15 (C) The date on which the notice was mailed.
16 (b) This subsection applies only to a petition by a municipality
17 under section 7 of this chapter. The municipality shall give notice of
18 hearing as follows:
19 (1) By publication for three (3) consecutive weeks:
20 (A) with: each publication of notice in
21 (i) publication in two (2) newspapers of general circulation
22 in each county having land in the proposed district; or
23 (ii) if there is only one (1) newspaper, publication in that
24 newspaper; is sufficient; or
25 (B) with the first publication of notice made in a newspaper or
26 newspapers described in clause (A) and the two (2) subsequent
27 publications of notice: (i) in accordance with IC 5-3-5 and (ii)
28 on the official web site of the municipality.
29 The first publication of notice must be at least thirty (30) days
30 before the date of the hearing.
31 (2) By mailing a copy of the notice at least twenty (20) days
32 before the date of the hearing, first class postage prepaid, to each
33 freeholder who has not signed the petition and who owns land in
34 the proposed district, according to the records of the county
35 auditor. The person having the notice mailed shall file an affidavit
36 with the court showing the following:
37 (A) The names of the persons to whom notice was sent.
38 (B) The address to which the notice was sent.
39 (C) The date on which the notice was mailed.
40 SECTION 40. IC 14-33-5-3 IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Beginning
42 October 24 and not later than November 1, the board shall invite
2022	IN 283—LS 6912/DI 87 41
1 nominations to fill vacancies on the board at the next annual meeting
2 by one (1) publication:
3 (1) in a newspaper of general circulation in each county in the
4 district; or
5 (2) in accordance with IC 5-3-5 on the official web site of the
6 county or municipality.
7 (b) Each publication under subsection (a) must do the following:
8 (1) Contain the names of the directors whose terms are expiring
9 and the area of the district involved.
10 (2) Invite nominations to fill vacancies.
11 (3) State the qualifications for the office as prescribed by section
12 1 of this chapter, except for the following:
13 (A) A nominee does not have to have been a petitioner for the
14 establishment of the district.
15 (B) A nominee does not have to be a resident of the area of the
16 district for which nominations are invited.
17 (b) (c) Nominations for director must:
18 (1) be submitted to the office of the district in writing before
19 December 1 following notice of vacancies; and
20 (2) be signed by at least five (5) freeholders from the areas
21 designated by the secretary's notice.
22 (c) (d) Nominations that are mailed are valid if:
23 (1) delivered or postmarked before December 1;
24 (2) the envelope has sufficient United States postage; and
25 (3) the envelope is addressed to the district's office.
26 SECTION 41. IC 14-33-5-4 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The annual
28 meeting of the district must be held at the time designated by the court:
29 (1) at the district's office; or
30 (2) at a place in or near the district as determined by resolution of
31 the board adopted before December 1 of the year.
32 (b) Notice of the annual meeting of the district must be given by one
33 (1) publication:
34 (1) in a newspaper of general circulation in each county in the
35 district; or
36 (2) in accordance with IC 5-3-5 on the official web site of the
37 district;
38 at least fourteen (14) and not more than thirty-one (31) days before the
39 annual meeting.
40 (c) The notice under subsection (b) must contain the following:
41 (1) The names of the nominees.
42 (2) The place where the election will be held.
2022	IN 283—LS 6912/DI 87 42
1 (3) The time of the election.
2 (4) The fact that this is the annual meeting of the district.
3 (5) The purposes of the meeting.
4 (6) The time during which ballots may be cast.
5 SECTION 42. IC 14-33-5.4-3 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Within twenty
7 (20) days after the order establishing the district, the board of
8 commissioners of the county shall appoint the initial board of directors.
9 A director shall be appointed for each of the areas in the district as
10 established by the court. A director must be a freeholder of the area of
11 the district for which appointed or an officer or nominee of a corporate
12 freeholder of the area of the district for which appointed and must be
13 qualified by knowledge and experience in matters pertaining to the
14 development of the district. A majority of the directors must be resident
15 freeholders of the district if available and qualified. A majority of the
16 initial directors must be petitioners for the establishment of the district,
17 but for this purpose an officer or nominee of a corporate freeholder of
18 the district, if the corporation is one (1) of the petitioners, is considered
19 a petitioner.
20 (b) When vacancies on the board occur due to expiration of terms,
21 resignation, or otherwise, directors shall be elected by a majority,
22 written ballot vote of the freeholders of the district. Between April 24
23 and May 1, the board shall invite nominations to fill vacancies on the
24 board by one (1) publication:
25 (1) in a newspaper of general circulation in each of the counties
26 in the district; or
27 (2) in accordance with IC 5-3-5 on the official web site of the
28 district.
29 (c) Each publication under subsection (b) must:
30 (1) contain the names of the directors whose terms are expiring
31 and the area of the district involved;
32 (2) invite nominations to fill vacancies; and
33 (3) state the qualifications for the office, that are the same as
34 prescribed by subsection (a), except a nominee need not have
35 been a petitioner for the establishment of the district nor a
36 resident of the area of the district for which nominations are
37 invited.
38 (c) (d) Nominations for director must be submitted to the office of
39 the district in writing before June 1 following notice of vacancies and
40 must be signed by at least five (5) freeholders from the areas
41 designated by the secretary's notice. Nominations that are mailed are
42 valid if delivered or postmarked before June 1 if the envelope has
2022	IN 283—LS 6912/DI 87 43
1 sufficient U.S. postage and is addressed to the district's office.
2 (d) (e) The election of directors of a district shall be held the
3 Saturday or Sunday immediately before or after July 4. The board of
4 directors of a district shall establish the date for the election of
5 directors.
6 (e) (f) Notice of the annual election of directors of the district must
7 be published:
8 (1) in one (1) issue of a newspaper of general circulation in each
9 county in the district; or
10 (2) in accordance with IC 5-3-5 on the official web site of the
11 district.
12 The notice must be published (1) not less than fourteen (14) days and
13 (2) not more than thirty-one (31) days before the election. The notice
14 must contain the names of the nominees, the place where ballots can be
15 cast in the election, and the date and time of the election.
16 (f) (g) Before the election, the board shall prepare the ballots and a
17 list of the freeholders of the district, that must be certified by the county
18 auditor and placed in the district's files. No deficiency in this process
19 or omission of the names of any freeholders voids action taken at an
20 annual meeting.
21 (g) (h) A freeholder is entitled to only one (1) vote per freeholder.
22 (h) (i) Before the election of directors, the chairman shall appoint
23 three (3) or, if necessary, more freeholders of the district to act as
24 clerks of the election and to conduct the election.
25 (i) (j) If a district fails to conduct an election of directors as
26 provided by this chapter, any interested person of the district may
27 petition the board of commissioners of the county to appoint a director
28 to fill vacancies. The board of commissioners of the county shall make
29 its appointment within fifteen (15) days from the date the petition is
30 filed.
31 SECTION 43. IC 14-33-5.4-3.5, AS AMENDED BY P.L.84-2016,
32 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 3.5. (a) If in the opinion of the secretary of the
34 district a freehold has been divided into multiple freeholds for the sole
35 purpose of increasing the number of freeholders eligible to cast a vote
36 in an election under this chapter, the secretary of the district may
37 determine to exclude the freeholders of those multiple freeholds from
38 the list of freeholders referred to in section 3(f) 3(g) of this chapter.
39 (b) The determination of the secretary of the district under
40 subsection (a) may be challenged by petitioning the circuit court,
41 superior court, or probate court that created the district.
42 SECTION 44. IC 14-33-5.4-4 IS AMENDED TO READ AS
2022	IN 283—LS 6912/DI 87 44
1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The auditor of
2 each county shall, at least forty-five (45) days before the election of
3 directors of the district, provide the district with a current list of
4 freeholders that sets forth:
5 (1) each parcel of real property that is:
6 (A) located within the county and the district; and
7 (B) subject to property tax under IC 6-1.1; and
8 (2) the name of each individual who is identified in property tax
9 records as the holder of a freeholder's interest in a parcel of
10 property described in subdivision (1).
11 (b) To be eligible to vote in an election of directors of a district:
12 (1) an individual must have a freeholder's interest in real property
13 listed on the current tax list provided under subsection (a); and
14 (2) the individual's name must appear on the list of freeholders
15 provided under subsection (a).
16 (c) Before casting a vote at a polling place, a freeholder shall sign
17 the list of freeholders in the presence of the secretary of the district or
18 an election clerk appointed under section 3(h) 3(i) of this chapter. The
19 freeholder shall sign the list in the space opposite the name of the
20 freeholder on the list.
21 (d) Notwithstanding subsection (b)(2), if:
22 (1) a freeholder's name does not appear on the list of freeholders;
23 and
24 (2) the secretary of the district or an election clerk finds that the
25 freeholder's name was erroneously omitted from the list;
26 the secretary or clerk shall place the freeholder's name on the list. After
27 the freeholder's name is placed on the list, the freeholder is entitled to
28 cast a ballot in the election.
29 (e) After placing a freeholder's name on the list under subsection
30 (d), the secretary or clerk shall mark the list opposite the name of the
31 freeholder who cast that vote to note the receipt of a valid written ballot
32 vote from the freeholder.
33 SECTION 45. IC 14-33-5.4-7 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) At the close of an
35 election, the clerks appointed under section 3(h) 3(i) of this chapter
36 shall count the ballots cast and make a report of the results. The
37 secretary of the district shall record the results reported by the clerks
38 in the records of the district.
39 (b) After the results are reported and recorded under subsection (a),
40 the chairman of the board of directors shall declare the successful
41 nominees elected, and each elected director is entitled to and shall
42 assume all duties of the office to which the nominee was elected at
2022	IN 283—LS 6912/DI 87 45
1 midnight the night of the election or as soon as possible thereafter.
2 SECTION 46. IC 14-33-5.4-9 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The annual
4 meeting of the district must be held at the time designated by the court
5 under IC 14-33-2-27.
6 (b) The location of the annual meeting must be:
7 (1) the office of the district; or
8 (2) a place in or near the district as determined by resolution of
9 the board adopted before December 1 of the year.
10 (c) Notice of the annual meeting of the district must be published:
11 (1) in one (1) issue of a newspaper of general circulation in each
12 county in the district; or
13 (2) in accordance with IC 5-3-5 on the official web site of the
14 district.
15 The notice must be published (1) not less than fourteen (14) days and
16 (2) not more than thirty-one (31) days before the annual meeting.
17 (d) The notice must set forth:
18 (1) the fact that the meeting is the annual meeting of the district;
19 and
20 (2) the purposes of the meeting.
21 SECTION 47. IC 14-33-6-9 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Upon receipt of
23 the written approval of the commission, the board shall schedule a
24 hearing on the drawings, specifications, and cost estimates at which
25 any interested person must be heard. The hearing shall be held:
26 (1) in the office of the district; or
27 (2) at another place designated in the notice of hearing that is
28 generally convenient to the landowners of the district.
29 (b) The board shall give notice of the hearing as follows:
30 (1) By at least one (1) publication:
31 (A) in one (1) newspaper of general circulation in each county
32 having land in the district; or
33 (B) in accordance with IC 5-3-5 on the official web site of
34 the district.
35 (2) By mail, first class postage prepaid, to the freeholder of each
36 tract of real property that will be taken or damaged by the
37 construction of the works of improvements.
38 (c) The notice must be published and mailed at least ten (10) days
39 before the date of hearing.
40 SECTION 48. IC 14-33-10-2, AS AMENDED BY P.L.152-2021,
41 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 2. (a) The board shall give notice by publication
2022	IN 283—LS 6912/DI 87 46
1 once a week for two (2) successive weeks:
2 (1) with each publication of notice:
3 (A) in:
4 (A) two (2) newspapers of general circulation in each county
5 having land in the district; or
6 (B) in one (1) newspaper in the county if there is only one (1)
7 newspaper of general circulation; or
8 (2) with the first publication of notice in the newspaper or
9 newspapers as provided in subdivision (1), and the second
10 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
11 the official web site of the district.
12 The notice shall state the date that assessments are due and payable not
13 later than sixty (60) days after the date of the last publication.
14 (b) Payment of assessments shall be made at:
15 (1) the office of the board; or
16 (2) if the court orders, the offices of the treasurers of the counties.
17 (c) The owners of real property assessed for exceptional benefits are
18 entitled to make payment in full unless exceptional benefits are
19 assessed annually and paid with special benefits taxes to the county
20 treasurer. If payment is made in full, the board shall do the following:
21 (1) Note the payment in the assessment roll in the board's office.
22 (2) Give a receipt to the landowner paying the assessment.
23 (3) Enter satisfaction of the lien of the assessment in the
24 appropriate record in the office of the recorder where the
25 assessment is recorded.
26 (d) The payment of the assessment does not relieve the real property
27 from being subject to the following:
28 (1) A special benefits tax.
29 (2) An annual assessment for maintenance and operation based
30 upon the original exceptional benefit assessment.
31 SECTION 49. IC 14-33-16-5, AS AMENDED BY P.L.152-2021,
32 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 5. (a) Within ten (10) days after the board certifies
34 to the court, the board shall fix the following:
35 (1) A convenient and suitable place for the election.
36 (2) The date for the election not less than fifteen (15) and not
37 more than thirty (30) days after the last publication of notice.
38 (b) The voting place must open at 9 a.m. local time and remain open
39 for balloting continuously until 9 p.m. local time. However, if the
40 district contains freeholds too numerous for freeholder balloting at a
41 single voting place while allowing each freeholder a reasonable time
42 but not exceeding two (2) minutes to cast a ballot, the board shall fix
2022	IN 283—LS 6912/DI 87 47
1 and arrange for multiple voting places as appears necessary to
2 accommodate the freeholders eligible to vote.
3 (c) Notice of the time, place, and purpose for the election must be
4 given on the same day of each week for two (2) consecutive weeks:
5 (1) with each publication of notice in an English language
6 newspaper of general circulation published in each county having
7 land in the district; or
8 (2) with the first publication of notice made in the newspaper or
9 newspapers described in subdivision (1), and the second
10 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
11 the official web site of the district.
12 SECTION 50. IC 14-33-16.5-6, AS AMENDED BY P.L.152-2021,
13 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 6. (a) Not later than ten (10) days after receipt of
15 a notice under section 5 of this chapter, the board of directors of the
16 smaller district shall fix the following:
17 (1) A convenient and suitable place for the smaller district's
18 election.
19 (2) The date for the election that is at least sixty (60) days after
20 the date on which the county auditor notifies the smaller district's
21 board under section 5 of this chapter.
22 (b) The voting place must open at 9 a.m. local time and remain open
23 for balloting continuously until 9 p.m. local time. If the number of
24 freeholders in the smaller district is too great for balloting at a single
25 voting place while allowing each freeholder a reasonable time to cast
26 a ballot, the board shall arrange for the number of voting places
27 necessary to accommodate the freeholders eligible to vote.
28 (c) Notice of the date, time, place, and purpose of the election must
29 be given for two (2) consecutive weeks by publication:
30 (1) with each publication of notice in an English language
31 newspaper of general circulation published in each county having
32 land in the smaller district; or
33 (2) with the first publication of notice in the newspaper or
34 newspapers described in subdivision (1), and the second
35 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
36 the official web site of the smaller district.
37 The last publication may not be less than fifteen (15) days and not more
38 than thirty (30) days before the date of the election.
39 (d) The board of directors of the smaller district shall also cause
40 individual notice of the election to be given to all the smaller district's
41 freeholders by first class mail.
42 (e) The notice published under subsection (c) and the individual
2022	IN 283—LS 6912/DI 87 48
1 freeholder notice mailed under subsection (d) must be in the following
2 form:
3 Notice of a Dissolution and Assumption Election
4	to the Freeholders of the _______________
5	(insert smaller district) Conservancy District
6 1. You are a freeholder (i.e. a real property owner) of the
7 _______________ (insert smaller district) Conservancy District. As a
8 freeholder, you are one of the owners of the _______________ (insert
9 smaller district) Conservancy District.
10 2. A legally required number of the freeholders of the
11 _______________ (insert smaller district) Conservancy District has
12 filed a petition with the _______________ (insert county name)
13 County Auditor requesting that the _______________ (insert smaller
14 district) Conservancy District be dissolved, and that the operation,
15 obligations, and assets of the _____________ (insert smaller district)
16 Conservancy District be assumed by the _____________ (insert larger
17 district) Conservancy District.
18 3. The _______________ (insert larger district) Conservancy District
19 is contiguous to, has the same purpose as, and has a greater number of
20 freeholders than the _______________ (insert smaller district)
21 Conservancy District.
22 4. The Board of Directors of the _______________ (insert larger
23 district) Conservancy District has passed a resolution stating:
24 A. That the _______________ (insert larger district) Conservancy
25 District is willing to assume the operation, obligations, and assets
26 of the _______________ (insert smaller district) Conservancy
27 District; and
28 B. That upon becoming part of the _______________ (insert
29 larger district) Conservancy District, the freeholders of the
30 _______________ (insert smaller district) Conservancy District
31 will become full and equal freeholders of the _______________
32 (insert larger district) Conservancy District and be subject to and
33 pay the same special benefits taxes and user charges generally
34 charged by the (insert larger district) Conservancy District.
35 5. An election of the freeholders of the _______________ (insert
36 smaller district) Conservancy District is set for the day of
37 ___________, ____, from 9:00 a.m. to 9:00 p.m., at the following
38 location(s): __________________.
39 6. The question presented for the election is whether the
40 _______________ (insert smaller district) Conservancy District should
41 be dissolved, and whether the _______________ (insert larger district)
42 Conservancy District should assume the operations, obligations, and
2022	IN 283—LS 6912/DI 87 49
1 assets of the ________________ (insert smaller district) Conservancy
2 District.
3 7. A majority of the votes cast at the election will determine the
4 question of whether the _______________ (insert smaller district)
5 Conservancy District should be dissolved, and whether the
6 _______________ (insert larger district) Conservancy District should
7 assume the operations, obligations, and assets of the _______________
8 (insert smaller district) Conservancy District.
9 8. As a freeholder of the _______________ (insert smaller district)
10 Conservancy District, you are entitled to and encouraged to vote at the
11 election.
12 /ss/ Board of Directors, _______________
13 (insert smaller district) Conservancy District
14 (f) If the board of directors of the smaller district fails to hold the
15 election as required by this chapter, the county auditor of the county in
16 which the smaller district's petition was filed shall:
17 (1) conduct the election as required by this chapter; and
18 (2) bill the board of directors of the smaller district for the county
19 auditor's costs incurred for the election.
20 (g) The board of directors of the smaller district shall promptly pay
21 a bill submitted to the smaller district under subsection (f).
22 SECTION 51. IC 14-33-17-7, AS AMENDED BY P.L.152-2021,
23 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 7. The petitioners shall give notice of the time,
25 place, and purpose for the election:
26 (1) by publication for two (2) consecutive weeks: (A) with each
27 publication of notice on the same day of each week
28 (A) in an English language newspaper of general circulation
29 published in the county; or
30 (B) with the first publication of notice made in the newspaper
31 described in clause (A), and the second publication of notice:
32 (i) in accordance with IC 5-3-5 and (ii) on the official web site
33 of the county; and
34 (2) by mail at least twenty (20) days before the date of the
35 election, first class postage prepaid, to each freeholder who has
36 not signed the petition and who owns land in the proposed district
37 according to the records of the county auditor.
38 SECTION 52. IC 14-33-22-9 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) A schedule may
40 be established or changed only after a public hearing at which:
41 (1) all persons using the works or owning real property served or
42 to be served by the works; and
2022	IN 283—LS 6912/DI 87 50
1 (2) other interested persons;
2 have an opportunity to be heard concerning the proposed schedule.
3 (b) After adoption of a resolution fixing the schedule and before the
4 resolution is put into effect, notice of the hearing shall be given by one
5 (1) publication:
6 (1) in a newspaper having general circulation in the district; or
7 (2) in accordance with IC 5-3-5 on the official web site of the
8 district;
9 at least ten (10) days before the date fixed in the notice for the hearing.
10 The hearing may be adjourned as needed.
11 SECTION 53. IC 14-34-6-7, AS AMENDED BY P.L.152-2021,
12 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 7. (a) After a permit is issued, the permittee may
14 apply to the director for the release of all or part of the bond or deposit.
15 As part of the bond release application, the permittee must do the
16 following:
17 (1) Submit copies of letters that the permittee has sent by certified
18 mail to:
19 (A) adjoining property owners;
20 (B) local government bodies;
21 (C) planning agencies;
22 (D) sewage and water treatment authorities; or
23 (E) water companies;
24 in the county in which the surface coal mining and reclamation
25 operation is located notifying the entities of the bond release
26 application.
27 (2) Within thirty (30) days after filing the bond release
28 application, submit a copy of an advertisement placed at least one
29 (1) time a week for four (4) successive weeks in a newspaper of
30 general circulation in the county in which the surface coal mining
31 and reclamation operation is located. The advertisement must
32 contain the following:
33 (A) A notification of the precise location of the land affected.
34 (B) The number of acres.
35 (C) The permit and the date of approval.
36 (D) The amount of the bond filed and the part sought to be
37 released.
38 (E) The type and appropriate dates of reclamation work
39 performed.
40 (F) A description of the results achieved relating to the
41 operator's approved reclamation plan.
42 (b) The director may initiate an application for the release of a bond.
2022	IN 283—LS 6912/DI 87 51
1 If a bond release application is initiated by the director, the department
2 shall perform the notification and certification requirements otherwise
3 imposed on the permittee under this section and section 8 of this
4 chapter. However, the department may provide notice by publication
5 under subsection (a)(2):
6 (1) with each publication of notice in the newspaper described in
7 subsection (a)(2); or
8 (2) with the first publication of notice in the newspaper described
9 in subsection (a)(2) and the three (3) subsequent publications of
10 notice: (A) in accordance with IC 5-3-5 and (B) on the official
11 web site of the county in which the surface coal mining and
12 reclamation operation is located.
13 SECTION 54. IC 14-34-6-11, AS AMENDED BY P.L.152-2021,
14 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 11. (a) If written objections are filed and a hearing
16 requested under section 10 of this chapter, the director shall do the
17 following:
18 (1) Inform all the interested parties of the date, time, and location
19 of the hearing.
20 (2) Publish notice of the information one (1) time each week for
21 two (2) consecutive weeks:
22 (A) with each publication of notice in a newspaper of general
23 circulation in the county where the surface coal mining and
24 reclamation operation proposed for bond release is located; or
25 (B) with the first publication of notice in the newspaper
26 described in clause (A) and the second publication of notice:
27 (i) in accordance with IC 5-3-5 and (ii) on the official web site
28 of the county where the surface coal mining and reclamation
29 operation proposed for bond release is located.
30 (b) The director shall hold the public hearing in accordance with
31 IC 14-34-4-5:
32 (1) in the county where the surface coal mining and reclamation
33 operation proposed for bond release is located; or
34 (2) at the state capital;
35 at the option of the objector, within thirty (30) days of the request for
36 the hearing.
37 (c) At a hearing held under this section, the director may inspect the
38 land affected and other surface coal mining operations carried on by
39 the applicant in the vicinity.
40 (d) The director shall notify the permittee in writing of the decision
41 and findings of the hearing within thirty (30) days of the completion of
42 the hearing.
2022	IN 283—LS 6912/DI 87 52
1 (e) The director's decision is subject to IC 4-21.5.
2 SECTION 55. IC 15-14-7-3, AS AMENDED BY P.L.86-2008,
3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 3. (a) The president or secretary of a 4-H club
5 described in section 2 of this chapter may file a petition signed by at
6 least thirty (30) resident freeholders of the county with the county
7 auditor of the county requesting that the executive make an
8 appropriation provided for in section 2 of this chapter.
9 (b) The county auditor shall have the petition, without the
10 signatures, published:
11 (1) printed in a newspaper of general circulation that is published
12 in the county; or
13 (2) in accordance with IC 5-3-5 on the official web site of the
14 district.
15 (c) The notice must state the date and time when the petition will be
16 considered by the executive. The auditor shall set the date, time, and
17 place at which the petition will be considered, which must be at least
18 thirty (30) days after the publication of the notice.
19 (d) If not later than the date and time published in the notice for the
20 consideration of the petition by the executive, a remonstrance signed
21 by more resident freeholders of the county than the number signing the
22 petition is filed with the county auditor protesting the allowance, the
23 executive shall consider the remonstrance. If the executive finds that
24 the remonstrance is signed by a greater number of resident freeholders
25 than the petition asking for an allowance, the executive:
26 (1) may not make an appropriation for the purposes set forth in
27 section 2 of this chapter; and
28 (2) shall dismiss the petition and take no further action.
29 (e) After final acceptance by the executive, a petition under this
30 section is effective for one (1) to five (5) years, as determined by the
31 executive.
32 SECTION 56. IC 16-22-6-18 IS AMENDED TO READ AS
33 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) When the
34 authority, the governing board of the hospital, the county executive,
35 and a majority of the county fiscal body of the county have agreed upon
36 the terms and conditions of a lease proposed to be entered into under
37 the terms and conditions of this chapter and before the final execution
38 of the lease, the county auditor shall publish notice of a public hearing
39 to be held in the county by the county executive not less than ten (10)
40 days after the publication of the notice. The notice of the hearing shall
41 be published one (1) time:
42 (1) in a newspaper of general circulation printed in the English
2022	IN 283—LS 6912/DI 87 53
1 language and published in the county; or
2 (2) in accordance with IC 5-3-5 on the official web site of the
3 county.
4 (b) The notice must:
5 (1) name the day, place, and hour of the hearing; and
6 (2) must set forth a brief summary of the principal terms of the
7 lease, including:
8 (A) a description of the property to be leased;
9 (B) the lease rental; and
10 (C) the term of the lease; and
11 where the proposed lease, drawings, plans, specifications, and
12 estimates may be examined.
13 (c) The proposed lease and the drawings, plans, specifications, and
14 estimates of construction cost for the building shall be open to
15 inspection by the public during the ten (10) day notice period and at the
16 meeting. All persons have a right to be heard at the meeting on the
17 necessity for the lease and whether the lease rental is fair and
18 reasonable. The hearing may be adjourned to a later date or dates and
19 to a place fixed before the adjournment.
20 SECTION 57. IC 16-22-6-20, AS AMENDED BY P.L.146-2008,
21 SECTION 434, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2022]: Sec. 20. (a) If the execution of the
23 original or a modified lease is authorized, notice of the signing shall be
24 published on behalf of the county one (1) time:
25 (1) in a newspaper of general circulation and published in the
26 county; or
27 (2) in accordance with IC 5-3-5 on the official web site of the
28 county.
29 Except as provided in subsection (b), at least ten (10) taxpayers in the
30 county whose tax rate will be affected by the proposed lease may file
31 a petition with the county auditor not more than thirty (30) days after
32 publication of notice of the execution of the lease. The petition must set
33 forth the objections to the lease and facts showing that the execution of
34 the lease is unnecessary or unwise or that the lease rental is not fair and
35 reasonable.
36 (b) The authority for taxpayers to object to a proposed lease
37 described in subsection (a) does not apply if the authority complies
38 with the procedures for the issuance of bonds and other evidences of
39 indebtedness described in IC 6-1.1-20.
40 SECTION 58. IC 16-22-6-27, AS AMENDED BY P.L.38-2021,
41 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 27. (a) As used in this section, "contributing
2022	IN 283—LS 6912/DI 87 54
1 county" means a county without a county hospital that is contiguous to
2 a county with a county hospital.
3 (b) As used in this section, "lessee county" means a county with a
4 county hospital.
5 (c) A contributing county may enter into an agreement with a lessee
6 county to reimburse the lessee county for a part of the lease rental each
7 year that is payable by the lessee county upon compliance with this
8 section.
9 (d) If the county executive of the contributing county finds that the
10 hospital of the lessee county serves the residents of the contributing
11 county and provides needed hospital services to such residents, the
12 county executive may prepare a contribution agreement. Before final
13 execution of the agreement, the auditor of the contributing county shall
14 publish notice of a public hearing to be held in the contributing county
15 by the county executive not less than ten (10) days after publication of
16 the notice. The notice shall be published one (1) time:
17 (1) in a newspaper of general circulation and published in the
18 contributing county; or
19 (2) in accordance with IC 5-3-5 on the official web site of the
20 district.
21 The notice must name the day, place, and hour of the hearing and must
22 set forth a summary of the provisions of agreement as to the amount to
23 be paid each year during the term of the lease by the contributing
24 county and where a copy of the proposed agreement may be examined.
25 All persons interested are entitled to be heard at the time fixed on the
26 necessity for the execution of the agreement. The hearing may be
27 adjourned to a later date at a place fixed before adjournment.
28 (e) Following the hearing, if a majority of the county fiscal body of
29 the contributing county approve the execution of the agreement, the
30 county executive may authorize the execution of the original agreement
31 or may make the modifications agreed upon with the county fiscal
32 body. The authorization shall be by an order entered in the official
33 records of the county executive. The agreement shall be executed:
34 (1) on behalf of the contributing county by at least a majority of
35 the members of the county executive; and
36 (2) on behalf of the lessee county by at least a majority of the
37 members of the county executive.
38 (f) If the execution of the original or modified contribution
39 agreement is authorized, notice of the signing shall be published on
40 behalf of the contributing county by publication one (1) time:
41 (1) in a newspaper of general circulation and published in the
42 contributing county; or
2022	IN 283—LS 6912/DI 87 55
1 (2) in accordance with IC 5-3-5 on the official web site of the
2 contributing county.
3 At least ten (10) taxpayers in the contributing county whose tax rate
4 will be affected by the proposed agreement may file a petition with the
5 county auditor of the contributing county not more than thirty (30) days
6 after publication of notice of the execution of the agreement. The
7 petition must set forth the objections to the contribution agreement and
8 facts showing that the execution of the contribution agreement is
9 unnecessary and unwise or that the amount of contribution is excessive.
10 On the filing of the petition, the county auditor shall immediately
11 certify a copy together with other data necessary to present the
12 questions involved to the department of local government finance. The
13 department of local government finance shall fix a time in the county
14 for the hearing not less than five (5) or not more than fifteen (15) days
15 after receipt of the certified petition and information. The department
16 of local government finance may either hold the hearing in the affected
17 county or through electronic means. Notice of the hearing shall be
18 given by the department of local government finance to the county
19 executive and to the first ten (10) taxpayer petitioners by certified mail
20 sent to the addresses listed on the petition, at least five (5) days before
21 the date of the hearing.
22 (g) An action to contest the validity of the contribution agreement
23 or to enjoin the performance of the agreement may not be instituted
24 later than thirty (30) days after publication of notice of the execution
25 of the agreement or, if an appeal has been taken to the department of
26 local government finance, not more than thirty (30) days after the
27 decision of the board.
28 (h) A contribution agreement may extend for the full term of the
29 lease or for any part and may provide for reimbursement by the
30 contributing county to the lessee county of a part of the lease rental
31 each year in an amount and upon terms and conditions agreed on
32 between the contributing county and the lessee county. The
33 contributing county shall annually levy a tax sufficient to produce each
34 year the necessary funds sufficient to reimburse the lessee county as
35 provided in the contribution agreement. The tax levies provided for in
36 this section shall be reviewable by other bodies vested by law with the
37 authority to ascertain that the levies are sufficient to raise the required
38 payments under the contribution agreement. The annual contribution
39 shall be paid semiannually to the lessee county before the date lease
40 rental payments are due from the lessee county.
41 SECTION 59. IC 16-22-6-29 IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 29. (a) The governing
2022	IN 283—LS 6912/DI 87 56
1 board may issue revenue bonds of the authority to procure funds to pay
2 the cost of a building to be built, acquired, renovated, or acquired and
3 renovated under this chapter, and to repay advances for preliminary
4 expenses made to the authority by the county. The bonds are payable
5 solely from the income and revenues of the particular building financed
6 from the proceeds of the bonds issued.
7 (b) The revenue bonds must be authorized by resolution of the
8 governing board. The resolution must provide the following:
9 (1) The rate of interest that the bonds will pay if the rate is fixed,
10 and the manner in which the interest rate will be determined if
11 rates are variable.
12 (2) The maturity date of the bonds, which may not exceed the
13 term of the lease of the building for which the bonds were issued.
14 (3) The extent and the manner that bonds bearing variable interest
15 rates may be converted to bonds bearing a fixed rate of interest.
16 (4) The terms of redemption, including a provision that bonds
17 maturing later than ten (10) years after issuance are, at the option
18 of the authority to be exercised by the board, redeemable before
19 maturity at the par value together with premiums.
20 (5) The form of the bonds, including the interest coupons to be
21 attached, if any.
22 (6) The denominations of the bonds.
23 (7) The time and places of payment of principal and interest of the
24 bonds, which must be at least one (1) state or national bank or
25 trust company.
26 (8) That the principal and interest may be paid in any lawful
27 medium.
28 (c) Subject to registration provisions, the bonds have the qualities
29 of negotiable instruments under IC 26 and the bonds are legal
30 investments for a private trust fund and the funds of any banks, trust
31 companies, insurance companies, building and loan associations, credit
32 unions, banks of discount and deposit, savings banks, loan and trust
33 safe deposit companies, rural loan and savings associations, guaranty
34 loan and savings associations, mortgage guaranty companies, small
35 loan companies, industrial loan and investment companies, and other
36 financial institutions organized under the laws of the state.
37 (d) The bonds may be registered in the name of the owner. The
38 bonds shall be executed by the president or vice president of the board
39 of directors. The corporate seal of the authority shall be affixed and
40 attested by the secretary of the board of directors, and the interest
41 coupons attached to the bonds, if any, shall be executed by placing on
42 the coupons the facsimile signature of the treasurer.
2022	IN 283—LS 6912/DI 87 57
1 (e) Except as provided in subsection (f), the bonds shall be sold by
2 the governing board at public sale under IC 5-1-11, but the notice of
3 sale shall be published in the manner required for bonds of the county
4 in which the authority is located. Notwithstanding IC 5-1-11-3(c),
5 bonds bearing a variable rate of interest shall be awarded to the bidder
6 offering the best bid in the judgment of the board.
7 (f) If the aggregate principal amount of bonds to be issued at any
8 one (1) time exceeds ten million dollars ($10,000,000), the bonds may
9 be sold at public or private sale at a price the governing board
10 determines. If the bonds are sold at public sale, the governing board
11 shall follow the guidelines set forth in subsection (e). If the bonds are
12 sold at private sale, the governing board shall, before selecting a person
13 with whom to negotiate the sale of the bonds:
14 (1) solicit and obtain written proposals from at least three (3)
15 persons regularly engaged in the business of underwriting bonds;
16 or
17 (2) publish notice of intent to receive written proposals one (1)
18 time:
19 (A) in:
20 (i) a newspaper or financial journal having general
21 circulation in Indianapolis; or
22 (ii) accordance with IC 5-3-5 on the official web site of
23 the county in which the authority is located; and
24 (B) a newspaper or financial journal having national
25 circulation.
26 (g) The governing board shall allow each person at least fourteen
27 (14) days from the date of solicitation or publication to formulate,
28 prepare, and submit a proposal. The board of directors shall select the
29 proposal that the board, in the board's sole discretion, determines to be
30 in the best interest of the authority.
31 SECTION 60. IC 16-22-8-55 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 55. (a) The corporation
33 may borrow money on promissory notes issued in the corporation's
34 name, as a municipal corporation, from recognized lending institutions,
35 and pledge as security unlimited ad valorem taxes levied by the
36 corporation and collected on all taxable property within the jurisdiction
37 of the corporation. It is the duty of all officials and bodies with control
38 or discretion over the levying of taxes for the corporation to see that
39 sufficient levies are made to meet the principal and interest on
40 promissory notes. The promissory notes issued under this section shall
41 be treated for taxation purposes the same as bonds issued by a
42 municipal corporation in accordance with IC 6-8-5-1.
2022	IN 283—LS 6912/DI 87 58
1 (b) Funds obtained by the method provided in this section shall be
2 limited in use to the payment of lease rental for medical, surgical, and
3 related equipment used by the corporation when the board determines
4 that leasing the equipment is more practical and economical than
5 purchasing. The decision to lease rather than purchase is within the
6 sole discretion of the board.
7 (c) The length, terms, and conditions of promissory notes issued
8 under this section are subject to negotiation between the board or the
9 board's representative and the lending institutions bidding. Before
10 entering into negotiations for the loan, the board of trustees shall
11 publish a notice one (1) time:
12 (1) in a newspaper of general circulation in the health and hospital
13 corporation; or
14 (2) in accordance with IC 5-3-5 on the official web site of the
15 consolidated city;
16 naming a date not less than seven (7) days after the publication of
17 notice on which the board will receive and consider proposals from
18 lending institutions for the making of the loan.
19 (d) After determination of the board to borrow and to issue
20 promissory notes, and after a determination of the best proposal
21 submitted by lending institutions, the board shall give notice of the
22 board's determination to borrow and to issue promissory notes in the
23 manner provided by IC 6-1.1-20. The taxpayers have the right to appeal
24 the determination to the department of local government finance in the
25 manner and within the time provided in IC 6-1.1-20.
26 SECTION 61. IC 20-23-4-13, AS ADDED BY P.L.1-2005,
27 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 13. (a) When a county committee has prepared its
29 preliminary written plans for reorganization of school corporations, the
30 committee shall fix dates and places for one (1) or more hearings on the
31 plans and give notice of the hearings to the residents of the school
32 corporations affected and all interested parties. The county committee
33 may hold more than one (1) hearing. The chairperson of the county
34 committee shall give the notice (1) by publication at least one (1) time:
35 (1) in:
36 (A) one (1) newspaper of general circulation published in the
37 school corporation or corporations; or
38 (2) (B) if a newspaper is not published in the school
39 corporation or corporations, in a newspaper having a general
40 circulation in the school corporation or corporations; or
41 (2) in accordance with IC 5-3-5 on the official web site of the
42 county;
2022	IN 283—LS 6912/DI 87 59
1 at least ten (10) days but not more than thirty (30) days before the date
2 of the hearing.
3 (b) At the hearing:
4 (1) the county committee shall:
5 (A) explain the proposed reorganization plan;
6 (B) summarize the educational improvements adoption of the
7 plan will make possible; and
8 (C) if the proposed reorganization includes division of an
9 existing school corporation, state the adjustment proposed for:
10 (i) property;
11 (ii) assets;
12 (iii) debts; and
13 (iv) other liabilities; and
14 (2) any resident of the county or of any affected school
15 corporation in an adjoining county may be heard with reference
16 to:
17 (A) the proposed plan; or
18 (B) an alternative plan.
19 SECTION 62. IC 20-23-5-9, AS AMENDED BY P.L.152-2021,
20 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 9. (a) The notice by publication required by
22 section 8 of this chapter shall be made two (2) times a week apart:
23 (1) with each notice by publication in two (2) daily newspapers of
24 general circulation, published in the English language and of
25 general circulation in the acquiring school corporation and in the
26 losing school corporation; or
27 (2) with the first publication of notice in the newspapers
28 described in subdivision (1) and the second publication of notice:
29 (A) in accordance with IC 5-3-5 and (B) on the official web sites
30 of the acquiring school corporation and the losing school
31 corporation;
32 at least ten (10) days but not more than thirty (30) days before the
33 date of the hearing.
34 (b) If there is only one (1) or no daily newspaper in either school
35 corporation, a weekly newspaper may be used.
36 (c) If there is only one (1) daily or weekly newspaper, publication
37 in the newspaper is sufficient.
38 (d) If a newspaper is of general circulation in both the acquiring
39 school corporation and the losing school corporation, publication in the
40 newspaper qualifies as one (1) of the required publications in the
41 acquiring school corporation and the losing school corporation.
42 (e) Publication in a newspaper may be made jointly by the losing
2022	IN 283—LS 6912/DI 87 60
1 school corporation and acquiring school corporation.
2 (f) The remonstrance period runs from the second publication.
3 SECTION 63. IC 20-23-6-3, AS AMENDED BY P.L.152-2021,
4 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 3. (a) If the governing bodies of at least two (2)
6 school corporations desire to consolidate school corporations, the
7 governing bodies may meet together and adopt a joint resolution
8 declaring intention to consolidate school corporations. The resolution
9 must set out the following information concerning the proposed
10 consolidation:
11 (1) The name of the proposed new school corporation.
12 (2) The number of members on the governing body and the
13 manner in which they shall be elected or appointed.
14 (A) If members are to be elected, the resolution must provide
15 for:
16 (i) the manner of the nomination of members;
17 (ii) who shall constitute the board of election
18 commissioners;
19 (iii) who shall appoint inspectors, judges, clerks, and
20 sheriffs; and
21 (iv) any other provisions desirable in facilitating the
22 election.
23 (B) Where applicable and not in conflict with the resolution,
24 the election is governed by the general election laws of
25 Indiana, including the registration laws.
26 (3) Limitations on residences, term of office, and other
27 qualifications required of the members of the governing body. A
28 resolution may not provide for an appointive or elective term of
29 more than four (4) years. A member may succeed himself or
30 herself in office.
31 (4) Names of present school corporations that are to be merged
32 together as a consolidated school corporation.
33 In addition, the resolution may specify the time when the consolidated
34 school corporation comes into existence.
35 (b) The number of members on the governing body as provided in
36 the resolution may not be less than three (3) or more than seven (7).
37 However, the joint resolution may provide for a board of nine (9)
38 members if the proposed consolidated school corporation is formed out
39 of two (2) or more school corporations that:
40 (1) have entered into an interlocal agreement to construct and
41 operate a joint high school; or
42 (2) are operating a joint high school that has an enrollment of at
2022	IN 283—LS 6912/DI 87 61
1 least six hundred (600) in grades 9 through 12 at the time the joint
2 resolution is adopted.
3 (c) The members of the governing body shall, after adopting a joint
4 resolution, give notice by publication once each week for two (2)
5 consecutive weeks (1) with each notice by publication: 
6 (1) in:
7 (A) a newspaper of general circulation, if any, in each of the
8 school corporations; or
9 (B) if a newspaper is not published in the school corporation,
10 publication shall be made in the nearest newspaper published
11 in the county in which the school corporation is located; or
12 (2) with the first publication of notice in the newspaper or
13 newspapers as provided in subdivision (1) and the second
14 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
15 the official web sites of each of the school corporations.
16 (d) The governing bodies of school corporations shall hold a public
17 meeting one (1) week after the date of the appearance of the last
18 publication of notice of intention to consolidate.
19 (e) If a protest has not been filed, as provided in this chapter, the
20 governing bodies shall declare by joint resolution the consolidation of
21 the school corporations to be accomplished, to take effect as provided
22 in section 8 of this chapter. However, on or before the sixth day
23 following the last publication of the notice of intention to consolidate,
24 twenty percent (20%) of the legal voters residing in any school
25 corporation may petition the governing body of the school corporations
26 for an election to determine whether or not the majority of the voters
27 of the school corporation is in favor of consolidation.
28 SECTION 64. IC 20-23-6-5, AS AMENDED BY P.L.152-2021,
29 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 5. (a) If a petition is filed in one (1) or more of the
31 school corporations protesting consolidation as provided in this chapter
32 by the legal voters of any school corporation the governing body of
33 which proposes to consolidate, the governing body in each school
34 corporation in which a protest petition is filed shall certify the public
35 question to each county election board of the county in which the
36 school corporation is located. The county election board shall call an
37 election of the voters of the school corporation to determine if a
38 majority of the legal voters of the corporation is in favor of
39 consolidating the school corporations.
40 (b) If a protest is filed in more than one (1) school corporation, the
41 elections shall be held on the same day. Each county election board
42 shall give notice by publication once each week for two (2) consecutive
2022	IN 283—LS 6912/DI 87 62
1 weeks:
2 (1) with each notice by publication in:
3 (A) a newspaper of general circulation in the school
4 corporation; or
5 (B) if a newspaper is not published in the (A) township, (B)
6 town, or (C) city, the notice shall be published in the nearest
7 newspaper published in the county or counties; or
8 (2) with the first publication of notice in the newspaper or
9 newspapers as provided in subdivision (1) and the second
10 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
11 the official web site of the school corporation.
12 Each notice shall state that on a day and at an hour to be named in the
13 notice, the polls will be open at the usual voting places in the various
14 precincts in the corporation for taking the vote of the legal voters upon
15 whether the school corporation shall be consolidated with the other
16 school corporations joining in the resolution.
17 (c) The public question shall be placed on the ballot in the form
18 provided by IC 3-10-9-4 and must state: "Shall (insert name of school
19 corporation) be consolidated with (insert names of other school
20 corporations)?".
21 (d) Notice shall be given not later than thirty (30) days after the
22 petition is filed. The election shall be held not less than ten (10) days
23 or more than twenty (20) days after the last publication of the notice.
24 (e) The governing body of each school corporation in which an
25 election is held is bound by the majority vote of those voting. However,
26 if the election falls within a period of not more than six (6) months
27 before a primary or general election, the election shall be held
28 concurrently with the primary or general election if the public question
29 is certified to the county election board not later than the deadline set
30 forth in IC 3-10-9-3.
31 (f) If a majority of those voting in any one (1) school corporation
32 votes against the plan of consolidation, the plan fails. However, the
33 failure does not prevent any or all the school corporations from taking
34 further initial action for the consolidation of school corporations under
35 this chapter.
36 SECTION 65. IC 20-23-6-5.5, AS AMENDED BY P.L.152-2021,
37 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 5.5. (a) If twenty percent (20%) of the legal voters
39 residing in any school corporation jointly with twenty percent (20%) of
40 the legal voters in each of one (1) or more other school corporations:
41 (1) prepare a resolution for a proposed consolidation that sets
42 forth:
2022	IN 283—LS 6912/DI 87 63
1 (A) subject to section 3(b) of this chapter, the information
2 required in section 3(a)(1) through 3(a)(4) of this chapter; and
3 (B) if applicable, the declarations in section 12.5 of this
4 chapter; and
5 (2) petition the trustees of their respective school corporations to
6 consolidate the school corporations, as set forth in the resolution;
7 each governing body petitioned shall hold, not later than sixty (60) days
8 after the date the governing body receives the resolution and petition,
9 a public meeting for discussion on the proposed consolidation.
10 (b) If any of the petitioned governing bodies agrees to the proposed
11 consolidation as set forth in the resolution, the governing body shall
12 give notice by publication of its intention to adopt the resolution on the
13 proposed consolidation once each week for two (2) consecutive weeks:
14 (1) with each notice by publication in:
15 (A) a newspaper of general circulation, if any, in each of the
16 school corporations; or
17 (B) if a newspaper is not published in the school corporation,
18 publication shall be made in the nearest newspaper published
19 in the county in which the school corporation is located; or
20 (2) with the first publication of notice in the newspaper or
21 newspapers as provided in subdivision (1) and the second
22 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
23 the official web sites of each of the school corporations.
24 (c) On or before the sixth day following the last publication of the
25 notice of intention to consolidate required under subsection (b), twenty
26 percent (20%) of the legal voters residing in any school corporation
27 proposed to be consolidated may petition the governing body of the
28 school corporation for an election to determine whether or not the
29 majority of the voters of the school corporation is in favor of
30 consolidation.
31 (d) If a protest has not been filed under subsection (c), the governing
32 bodies may declare by joint resolution the consolidation of the school
33 corporations to be accomplished, to take effect as provided in section
34 8 of this chapter.
35 (e) Except as provided in subsection (b), if:
36 (1) a resolution and petition for consolidation has not been
37 withdrawn thirty (30) days after the date of the public meeting
38 under subsection (a); or
39 (2) a protest petition described in subsection (c) has been filed;
40 each governing body shall call an election in each school corporation
41 included in the proposed consolidation in the same manner as
42 described in sections 5 and 6 of this chapter.
2022	IN 283—LS 6912/DI 87 64
1 (f) The governing body of each school corporation in which an
2 election is held is bound by the majority vote of those voting. If a
3 majority of those voting in any one (1) school corporation votes against
4 the plan of consolidation, the plan fails. If a majority of the votes cast
5 at each of the elections is in favor of the consolidation of two (2) or
6 more school corporations, the trustees of the school corporations shall
7 proceed to consolidate the schools and provide the necessary buildings
8 and equipment. However, the failure does not prevent any or all the
9 school corporations from taking further initial action for the
10 consolidation of school corporations under this chapter.
11 SECTION 66. IC 20-23-8-14, AS ADDED BY P.L.1-2005,
12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 14. (a) Not more than ten (10) days after a
14 governing body has (1) initiated, (2) approved, or (3) disapproved a
15 plan initiated by the petition filed with it, the governing body shall
16 publish a notice one (1) time:
17 (1) in:
18 (A) a newspaper of general circulation in the county of the
19 school corporation; or
20 (B) if a newspaper of general circulation is not published in
21 the county of the school corporation, the governing body shall
22 publish a notice one (1) time in a newspaper of general
23 circulation published in a county adjoining the county of the
24 school corporation; or
25 (2) in accordance with IC 5-3-5 on the official web site of the
26 school corporation.
27 (b) The notice must set out the text of a plan initiated by the
28 governing body or another plan filed with the governing body before
29 the preparation of the notice. The notice must also state the right of a
30 voter, as provided in this section, to file a petition for alternative plans
31 or a petition protesting the adoption of a plan or plans to which the
32 notice relates.
33 (c) If the governing body fails to publish a notice required by this
34 section, the governing body shall, not more than five (5) days after the
35 expiration of the ten (10) day period for publication of notice under this
36 section, submit the petition that has been filed with the clerk to the
37 state board, whether or not the plan contained in the petition or the
38 petition meets the requirements of this chapter.
39 (d) Not later than one hundred twenty (120) days after the
40 publication of the notice, voters of the school corporation may file with
41 the clerk a petition protesting a plan initiated or approved by the
42 governing body or a petition submitting an alternative plan as follows:
2022	IN 283—LS 6912/DI 87 65
1 (1) A petition protesting a plan shall be signed by at least twenty
2 percent (20%) of the voters of the school corporation or five
3 hundred (500) voters of the school corporation, whichever is less.
4 (2) A petition submitting an alternative plan shall be signed by at
5 least twenty percent (20%) of the voters of the school corporation.
6 A petition filed under this subsection shall be certified by the clerk and
7 shall be filed with the governing body in the same manner as is
8 provided for a petition in section 11 of this chapter.
9 (e) The governing body or the voters may not initiate or file
10 additional plans until the plans that were published in the notice or
11 submitted as alternative plans not later than one hundred twenty (120)
12 days after the publication of the notice have been disposed of by:
13 (1) adoption;
14 (2) defeat at a special election held under section 16 of this
15 chapter; or
16 (3) combination with another plan by the state board under
17 section 15 of this chapter.
18 SECTION 67. IC 20-23-8-18, AS AMENDED BY P.L.244-2017,
19 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 18. (a) The county election board shall give notice
21 of an election under section 16 of this chapter after receiving the form
22 of notice and ballot from the clerk. The county election board shall
23 publish notice one (1) time:
24 (1) in:
25 (A) two (2) newspapers of general circulation in the school
26 corporation; or
27 (B) if only one (1) newspaper is of general circulation in the
28 school corporation, then in that newspaper; or
29 (2) in accordance with IC 5-3-5 on the official web site of the
30 school corporation.
31 The publication may not be made less than ten (10) days nor more than
32 forty-five (45) days before the election. Any other notice of the election
33 or requirement for the time of printing ballots, whether prescribed by
34 IC 3 or otherwise, is not required to be given or observed. A person
35 may not vote at the special election unless the person is then qualified
36 as a registered voter.
37 (b) IC 3 applies to the conduct of an election under this chapter,
38 except if the provisions of this chapter are in conflict with provisions
39 of IC 3 or if IC 3 cannot be practicably applied.
40 (c) If the special election is not conducted at a primary or general
41 election, the school corporation shall pay the cost of conducting the
42 election from the school corporation's operations fund not otherwise
2022	IN 283—LS 6912/DI 87 66
1 appropriated without appropriation.
2 SECTION 68. IC 20-23-10-6, AS AMENDED BY P.L.152-2021,
3 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 6. (a) After the last concurrent resolution under
5 section 5 of this chapter is adopted, notice of the adoption of the
6 concurrent resolutions shall be given by stating:
7 (1) the substance of the concurrent resolutions;
8 (2) that the resolutions have been adopted; and
9 (3) that a right of remonstrance exists as provided in this chapter.
10 It is not necessary to set out the remonstrance provisions of the statute,
11 but a general reference to the right of remonstrance with a reference to
12 this chapter is sufficient.
13 (b) The notice under subsection (a) shall be made two (2) times, one
14 (1) week apart by publication:
15 (1) with each notice by publication: (A) in:
16 (A) two (2) daily newspapers, published in the English
17 language and of general circulation in the county; or
18 (B) if there is only one (1) daily or weekly newspaper in the
19 county, publication in that newspaper; is sufficient; or
20 (2) with the first publication of notice in the newspaper or
21 newspapers as provided in subdivision (1) and the second
22 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
23 the official web sites of each school corporation subject to the
24 merger.
25 (c) The merger shall take effect at the time provided in section 5 of
26 this chapter unless, not more than thirty (30) days after the first
27 publication of the notice under subsection (b)(1), a remonstrance is
28 filed in the circuit or superior court of the county by registered voters
29 equal in number to at least ten percent (10%) of the registered voters
30 of a school corporation in the county.
31 SECTION 69. IC 20-23-15-4, AS ADDED BY P.L.1-2005,
32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 4. (a) The circuit court clerk of the county shall
34 provide notice of the referendum to the registered voters who reside
35 within the boundaries of the school corporation by publication (1) at
36 least one (1) time:
37 (2) (1) in at least one (1) newspaper of general circulation that is
38 published in the county; and or
39 (2) in accordance with IC 5-3-5 on the official web site of the
40 county;
41 (3) not earlier than March 15 or later than April 15 of the year in which
42 the referendum is held.
2022	IN 283—LS 6912/DI 87 67
1 (b) The notice published under subsection (a) must:
2 (1) state that the referendum is called to afford the registered
3 voters an opportunity to vote on whether members of the
4 governing body will be elected;
5 (2) state that the referendum will be held at the next primary
6 election to be held on the first Tuesday after the first Monday in
7 May;
8 (3) state that the referendum will be held on a nonpartisan basis
9 and that all registered voters residing within the boundaries of the
10 (insert the name of school corporation) may vote in the
11 referendum; and
12 (4) designate that the voting place or places at which the
13 referendum will be held must be those that are:
14 (A) used for the next primary election; and
15 (B) located within the boundaries of the (insert the name of
16 school corporation).
17 (c) The referendum question must be placed on the ballot in the
18 form prescribed by IC 3-10-9-4 and must state:
19 "Shall the members of the board of school trustees of the (insert
20 the name of school corporation) be elected in the general election
21 from five (5) districts and from two (2) at-large positions in the
22 school corporation?".
23 SECTION 70. IC 20-25-5-13, AS AMENDED BY P.L.152-2021,
24 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 13. (a) The notice by publication required by
26 sections 11 and 12 of this chapter shall be made one (1) time a week
27 for two (2) consecutive weeks:
28 (1) with each notice by publication:
29 (A) in two (2) daily newspapers of general circulation in the
30 acquiring school corporation and the losing school corporation
31 published in the English language; or
32 (B) if there is:
33 (i) only one (1) daily newspaper or if there are not any daily
34 newspapers in either school corporation, a weekly
35 newspaper may be used to provide notice;
36 (ii) only one (1) daily or weekly newspaper, publication in
37 that newspaper is sufficient; or
38 (iii) a newspaper of general circulation in both school
39 corporations, the publication of notice in the newspaper
40 qualifies as one (1) of the required publications in each of
41 the school corporations; or
42 (2) with the first publication of notice in the newspaper or
2022	IN 283—LS 6912/DI 87 68
1 newspapers as provided in subdivision (1) and the second
2 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
3 the official web sites of the acquiring school corporation and the
4 losing school corporation.
5 Publication under subdivision (1) may be made jointly by the losing
6 school corporation and the acquiring school corporation. The
7 remonstrance period runs from the second publication.
8 (b) If notice is required to be given by an acquiring school
9 corporation to a losing school corporation, it may be made by
10 registered or certified United States mail, return receipt requested,
11 addressed to the:
12 (1) governing body of the losing school corporation at the
13 governing body's established business office; or
14 (2) superintendent of schools or any officer of the governing body
15 of any other school corporation.
16 SECTION 71. IC 20-47-2-11, AS ADDED BY P.L.2-2006,
17 SECTION 170, IS AMENDED TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2022]: Sec. 11. (a) After the lessor corporation
19 and the school corporation or corporations have agreed upon the terms
20 and conditions of a lease proposed to be entered into under this chapter,
21 and before the final execution of the lease, a notice shall be given by
22 publication to all persons interested of a hearing or joint hearing to be
23 held before the governing body or governing bodies of the school
24 corporation or corporations authorized to approve the lease. The
25 hearing must be not earlier than:
26 (1) ten (10) days after publication of the notice, if new
27 construction is proposed; or
28 (2) thirty (30) days after publication of the notice, if improvement
29 or expansion is proposed.
30 (b) The notice required by subsection (a) must:
31 (1) be published one (1) time in:
32 (A) a newspaper of general circulation printed in the English
33 language in:
34 (i) the school corporation;
35 (B) (ii) a newspaper described in clause (A) in each school
36 corporation if the proposed lease is a joint lease; or
37 (C) (iii) if no such paper newspaper is published in the
38 school corporation, in any newspaper of general circulation
39 published in the county; or
40 (B) in accordance with IC 5-3-5 on the official web site of
41 the school corporation or, if the proposed lease is a joint
42 lease, in each school corporation;
2022	IN 283—LS 6912/DI 87 69
1 (2) name the date, time, and place of the hearing; and
2 (3) set forth a brief summary of the principal terms of the lease
3 agreed upon, including the:
4 (A) location of the property to be leased;
5 (B) name of the proposed lessor corporation;
6 (C) character of the property to be leased;
7 (D) rental to be paid; and
8 (E) number of years the lease is to be in effect.
9 The cost of publishing the notice shall be borne by the lessor
10 corporation.
11 (c) The proposed lease, drawings, plans, specifications, and
12 estimates for the school building or buildings must be available for
13 inspection by the public during the ten (10) day or thirty (30) day
14 period described in subsection (a) and at the hearing under section 12
15 of this chapter.
16 SECTION 72. IC 20-47-2-13, AS AMENDED BY P.L.38-2021,
17 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 13. (a) If the execution of the lease as originally
19 agreed upon or as modified by agreement is authorized by the
20 governing body or bodies of the school corporation or corporations, the
21 governing body shall give notice of the signing of the lease by
22 publication one (1) time: in:
23 (1) in a newspaper of general circulation printed in the English
24 language in:
25 (A) the school corporation;
26 (2) (B) a newspaper described in subdivision (1) in each
27 school corporation if the proposed lease is a joint lease; or
28 (3) (C) if no such newspaper is published in the school
29 corporation, in any newspaper of general circulation published
30 in the county; or
31 (2) in accordance with IC 5-3-5 on the official web site of the
32 school corporation or, if the proposed lease is a joint lease, the
33 official web site of each school corporation.
34 (b) This subsection does not apply to a lease for which a school
35 corporation after June 30, 2008, makes a preliminary determination as
36 described in IC 6-1.1-20-3.1 or IC 6-1.1-20-3.5 or a decision as
37 described in IC 6-1.1-20-5, or, in the case of a lease not subject to
38 IC 6-1.1-20-3.1, IC 6-1.1-20-3.5, or IC 6-1.1-20-5, adopts a resolution
39 or ordinance authorizing the lease after June 30, 2008. Within thirty
40 (30) days after the publication of notice under subsection (a), fifty (50)
41 or more taxpayers in the school corporation or corporations who:
42 (1) will be affected by the proposed lease; and
2022	IN 283—LS 6912/DI 87 70
1 (2) are of the opinion that:
2 (A) necessity does not exist for the execution of the lease; or
3 (B) the proposed rental provided for in the lease is not a fair
4 and reasonable rental;
5 may file a petition in the office of the county auditor of the county in
6 which the school corporation or corporations are located. The petition
7 must set forth the taxpayers' objections to the lease and facts showing
8 that the execution of the lease is unnecessary or unwise or that the lease
9 rental is not fair and reasonable, as the case may be.
10 (c) Upon the filing of a petition under subsection (b), the county
11 auditor shall immediately certify a copy of the petition, together with
12 any other data that is necessary to present the questions involved, to the
13 department of local government finance. Upon receipt of the certified
14 petition and data, if any, the department of local government finance
15 shall fix a time, date, and place for the hearing of the matter, which
16 may not be less than five (5) nor more than thirty (30) days thereafter.
17 The department of local government finance shall:
18 (1) conduct the hearing in the school corporation or corporations,
19 in the county where the school corporation or corporations are
20 located, or through electronic means; and
21 (2) give notice of the hearing to the members of the governing
22 body or bodies of the school corporation or corporations and to
23 the first fifty (50) taxpayers who signed the petition under
24 subsection (b) by a letter signed by the commissioner or deputy
25 commissioner of the department of local government finance and
26 enclosed with full prepaid postage addressed to the taxpayer
27 petitioners at their usual place of residence, at least five (5) days
28 before the hearing.
29 The decision of the department of local government finance on the
30 appeal upon the necessity for the execution of the lease and as to
31 whether the rental is fair and reasonable, is final.
32 SECTION 73. IC 20-47-3-9, AS ADDED BY P.L.2-2006,
33 SECTION 170, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) After the lessor corporation
35 and the school corporation or corporations have agreed upon the terms
36 and conditions of a lease proposed to be entered into under this chapter,
37 and before the final execution of the lease, a notice shall be given by
38 publication to all persons interested of a hearing or joint hearing to be
39 held before the governing body or governing bodies of the school
40 corporations authorized to approve the lease. The hearing must be not
41 earlier than:
42 (1) ten (10) days afer publication of the notice, if new
2022	IN 283—LS 6912/DI 87 71
1 construction is proposed; or
2 (2) thirty (30) days after publication of the notice, if improvement
3 or expansion is proposed.
4 (b) The notice required by subsection (a) must:
5 (1) be published one (1) time: in:
6 (A) in a newspaper of general circulation printed in the
7 English language:
8 (i) in the school corporation;
9 (B) (ii) a newspaper described in clause (A) in each school
10 corporation if the proposed lease is a joint lease; or
11 (C) (iii) if no such paper newspaper is published in the
12 school corporation, in any newspaper of general circulation
13 published in the county; or
14 (B) in accordance with IC 5-3-5 on the official web site of
15 the school corporation or, if the proposed lease is a joint
16 lease, the official web site of each school corporation;
17 (2) name the date, time, and place of the hearing; and
18 (3) set forth a brief summary of the principal terms of the lease
19 agreed upon, including the:
20 (A) location of the property to be leased;
21 (B) name of the proposed lessor corporation;
22 (C) character of the property to be leased;
23 (D) rental to be paid; and
24 (E) number of years the lease is to be in effect.
25 The cost of publication of the notice shall be paid by the lessor
26 corporation.
27 (c) The proposed lease, drawings, plans, specifications, and
28 estimates for the school building or buildings must be available for
29 inspection by the public during the ten (10) day or thirty (30) day
30 period described in subsection (a) and at the hearing under section 10
31 of this chapter.
32 SECTION 74. IC 20-47-3-11, AS AMENDED BY P.L.38-2021,
33 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 11. (a) If the execution of the lease as originally
35 agreed upon or as modified by agreement is authorized by the
36 governing body or bodies of the school corporation or corporations, the
37 governing body shall give notice of the signing of the lease by
38 publication one (1) time: in:
39 (1) in a newspaper of general circulation printed in the English
40 language:
41 (A) in the school corporation;
42 (2) (B) a newspaper described in subdivision (1) in each
2022	IN 283—LS 6912/DI 87 72
1 school corporation if the proposed lease is a joint lease; or
2 (3) (C) if no such newspaper is published in the school
3 corporation, in any newspaper of general circulation published
4 in the county; or
5 (2) in accordance with IC 5-3-5 on the official web site of the
6 school corporation or, if the proposed lease is a joint lease, the
7 official web sites of the school corporations.
8 (b) This subsection does not apply to leases for which a school
9 corporation after June 30, 2008, makes a preliminary determination as
10 described in IC 6-1.1-20-3.1 or IC 6-1.1-20-3.5 or a decision as
11 described in IC 6-1.1-20-5, or, in the case of leases not subject to
12 IC 6-1.1-20-3.1, IC 6-1.1-20-3.5, or IC 6-1.1-20-5, adopts a resolution
13 or ordinance authorizing the lease after June 30, 2008. Within thirty
14 (30) days after the publication of notice under subsection (a), ten (10)
15 or more taxpayers in the school corporation or corporations who:
16 (1) will be affected by the proposed lease; and
17 (2) are of the opinion that:
18 (A) no necessity exists for the execution of the lease; or
19 (B) the proposed rental provided for in the lease is not a fair
20 and reasonable rental;
21 may file a petition in the office of the county auditor of the county in
22 which the school corporation or corporations are located. The petition
23 must set forth the taxpayers' objections to the lease and facts showing
24 that the execution of the lease is unnecessary or unwise, or that the
25 lease rental is not fair and reasonable, as the case may be.
26 (c) Upon the filing of a petition under subsection (b), the county
27 auditor shall immediately certify a copy of the petition and any other
28 data that is necessary to present the questions involved to the
29 department of local government finance. Upon receipt of the certified
30 petition and data, if any, the department of local government finance
31 shall fix a date, time, and place for the hearing of the matter, which
32 may not be less than five (5) nor more than thirty (30) days after receipt
33 of the petition and data, if any. The department of local government
34 finance shall:
35 (1) conduct the hearing in the school corporation or corporations,
36 in the county where the school corporation or corporations are
37 located, or through electronic means; and
38 (2) give notice of the hearing to the members of the governing
39 body or bodies of the school corporation or corporations and to
40 the first ten (10) taxpayer petitioners upon the petition by a letter
41 signed by the commissioner or deputy commissioner of the
42 department of local government finance, and enclosed with full
2022	IN 283—LS 6912/DI 87 73
1 prepaid postage addressed to the taxpayer petitioners at their
2 usual place of residence, at least five (5) days before the hearing.
3 The decision of the department of local government finance on the
4 appeal upon the necessity for the execution of the lease, and as to
5 whether the rental is fair and reasonable, is final.
6 SECTION 75. IC 20-48-3-4, AS ADDED BY P.L.2-2006,
7 SECTION 171, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The board may periodically,
9 as the need arises, borrow money and issue school building bonds to
10 supply the school city with funds:
11 (1) to buy real estate;
12 (2) to erect buildings for school or administrative purposes;
13 (3) to enlarge, remodel, and repair school buildings; or
14 (4) for one (1) or more of the purposes described in subdivisions
15 (1) through (3).
16 The proceeds of the sale of bonds under this subsection may not be
17 used for a purpose other than a purpose described in subdivisions (1)
18 through (4).
19 (b) The board may periodically, as the need arises, issue school
20 funding bonds to take up and retire the principal and accrued interest
21 of any outstanding bonds of the school city. School funding bonds may
22 be issued only if the board determines it is to the advantage of the
23 school city to refund the outstanding bonds of the school city. A school
24 funding bond may not be issued and the proceeds of a school funding
25 bond may not be used for a purpose other than to refund or take up and
26 discharge outstanding bonds of the school city. Any preexisting bonds
27 for which the school city is liable under IC 20-25-4, this chapter, or a
28 predecessor law are outstanding bonds of the school city under this
29 subsection.
30 (c) Before school building bonds may be issued under subsection
31 (a), the board shall, by a resolution entered into the record in the
32 board's corporate minutes, demonstrate a particular need for the money
33 and the inability of the school city to supply the money from any other
34 applicable fund under the control of the board. Before school funding
35 bonds may be issued under subsection (b), the board shall, by a
36 resolution entered into the record of the board's corporate minutes,
37 provide a description of the bonds to be taken up, including the kind,
38 date, date of maturity, and amount of the bonds.
39 (d) Bonds issued under this section must:
40 (1) be serial bonds;
41 (2) bear interest at a rate payable semiannually; and
42 (3) mature at a time or times fixed in the resolution of the board.
2022	IN 283—LS 6912/DI 87 74
1 (e) A bond to be issued under this section may not be delivered until
2 the price of the bond is paid to the treasurer of the school city in:
3 (1) money for school building bonds; or
4 (2) money or bonds to be refunded for school funding bonds.
5 A bond issued under this section may not accrue interest before its
6 delivery.
7 (f) A bond issued under this section must be payable to bearer and
8 be of the general form usual in municipal bonds.
9 (g) Before offering bonds authorized by this section for sale, the
10 board must give three (3) weeks notice of the date fixed for the sale of
11 the bonds. The notice must include a description of the bonds and
12 invite bids for the bonds. The notice shall be given by three (3)
13 advertisements, one (1) time each week for the three (3) consecutive
14 weeks immediately preceding the day of sale:
15 (1) in a newspaper published and with a general circulation in
16 Indianapolis; or
17 (2) in accordance with IC 5-3-5 on the official web site of the
18 consolidated city.
19 Notice may also be required in other advertisements if ordered by the
20 board.
21 (h) The board shall sell the bonds to the highest and best bidder and
22 has the right to reject any bid. The proceeds arising from the sale shall
23 be used only for the purpose declared in the resolution of the board.
24 SECTION 76. IC 20-48-3-5, AS AMENDED BY P.L.38-2021,
25 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 5. (a) The board may, if the school corporation's
27 operations fund is exhausted or in the board's judgment is in danger of
28 exhaustion, make temporary loans for the use of the operations fund to
29 be paid out of the proceeds of taxes levied by the school city for the
30 operations fund. The amount borrowed for the operations fund must be
31 paid into the operations fund and may be used for any purpose for
32 which the board's operations fund lawfully may be used. A temporary
33 loan must:
34 (1) be evidenced by the promissory note or notes of the school
35 city;
36 (2) bear interest that is payable, according to the note or notes,
37 periodically or at the maturity of the note or notes and at not more
38 than seven percent (7%) per annum; and
39 (3) mature at a time or times determined by the board, but not
40 later than one (1) year after the date of the note or notes.
41 Loans made in a calendar year may not be for a sum greater than the
42 amount estimated by the board as proceeds to be received by the board
2022	IN 283—LS 6912/DI 87 75
1 from the levy of taxes made by the school city for the board's
2 operations fund. Successive loans may be made to aid the operations
3 fund in a calendar year, but the total amount of successive loans
4 outstanding at any time may not exceed the estimated proceeds of taxes
5 levied for the board's operations fund.
6 (b) A loan under this section may not be made until notice asking
7 for bids is given by newspaper publication. Notice must be made
8 published one (1) time at least seven (7) days before the time the
9 bids for the loans will be opened:
10 (1) in a newspaper published in the school city; at least seven (7)
11 days before the time the bids for the loans will be opened. or
12 (2) in accordance with IC 5-3-5 on the official web site of the
13 school corporation.
14 A bidder shall name the amount of interest the bidder agrees to accept,
15 not exceeding seven percent (7%) per annum. The loan shall be made
16 to the bidder or bidders bidding the lowest rate of interest. The note,
17 notes, or warrants may not be delivered until the full price of the face
18 of the loan is paid to the treasurer of the school city, and interest does
19 not accrue on the loan until delivery.
20 (c) The board may not impose a levy to pay for the interest on the
21 loan from a debt service fund as provided by IC 20-40-9-6 unless:
22 (1) the loan has been issued; and
23 (2) the school corporation has received the loan proceeds.
24 The board may not authorize a temporary loan for the purpose of
25 increasing the school city's property tax rate for the ensuing budget
26 year.
27 SECTION 77. IC 23-13-5-8, AS AMENDED BY P.L.233-2015,
28 SECTION 323, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) Should for any cause any
30 action of the board of directors or trustees of a corporation be invalid
31 or ineffective in whole or in part as and for a cancellation or retirement
32 of capital stock as provided in this chapter, then the entire act of
33 cancellation or retirement as to all other stock shall be held null and
34 void. If at any time after the transfer of any stock to the corporation or
35 to the trustees or directors it becomes no longer possible for the
36 corporation to operate the postsecondary educational institution as a
37 postsecondary educational institution, and the fact is found to exist by
38 the board of trustees or directors, the property and assets of the
39 corporation vest in and belong absolutely to the local public school
40 corporation within whose territorial limits the postsecondary
41 educational institution is situated unless the local public school
42 corporation elects to refuse to accept the property and assets in writing
2022	IN 283—LS 6912/DI 87 76
1 served upon the board of trustees or an officer thereof within one
2 hundred twenty (120) days. If the local public school corporation elects
3 to refuse to accept the property and assets, then the property and assets
4 of the corporation vest in and belong absolutely to the county within
5 whose territorial limits the postsecondary educational institution is
6 situated unless the county, acting by its legislative body, elects to
7 refuse to accept the property and assets in writing served upon the
8 board of trustees or an officer within one hundred twenty (120) days.
9 If the county refuses to accept the property and assets, the property and
10 assets vest in and belong absolutely to the state general fund. If situated
11 in a school city or town corporation, the election shall be made by the
12 school board of the municipality.
13 (b) The local school corporation receiving the property or assets is
14 responsible for the payment of the lawful debts and liabilities of the
15 corporation. For the purpose of raising funds to pay the debts and
16 liabilities, the township executive, with the concurrence and sanction
17 of the township legislative body, or the city or town school board, as
18 the case may be, is authorized and empowered to issue and sell bonds
19 of the school city or school town. The debt created by the bonds,
20 together with all other indebtedness of the school corporation, may not
21 exceed two percent (2%) of the adjusted value of the taxable property
22 within the school corporation as determined under IC 36-1-15. If the
23 building or property of the corporation vested in the school corporation
24 is suitable for instructing students of the township in the arts of
25 agriculture, domestic science, or physical or practical mental culture,
26 and in which to hold school or civic entertainments or be used for
27 township, town, or city purposes, then the township executive, with the
28 concurrence and sanction of the township, city, or town legislative
29 body, as the case may be, is authorized and empowered to issue and
30 sell bonds of the civil township, city, or town, as the case may be, and
31 apply the proceeds to the payment of the debts and liabilities of the
32 corporation. The proceeds of the bonds, together with all other
33 indebtedness of the civil township, city, or town, may not exceed two
34 percent (2%) of the adjusted value of the taxable property within the
35 civil township, city, or town, as determined under IC 36-1-15. If the
36 county receives the property, it is authorized to issue its general
37 obligation bonds to pay the debts and liabilities as general obligation
38 bonds of counties are issued under the general law. Unless the civil
39 township and school and civil cities and towns can liquidate the debts
40 and liabilities without violating Article 13, Section 1 of the
41 Constitution of the State of Indiana and IC 36-1-15, they shall elect to
42 refuse to accept the property. Unless the county can liquidate the debts
2022	IN 283—LS 6912/DI 87 77
1 and liabilities without violating the constitutional provision, it shall
2 elect to refuse the property. If a civil township, city, or town uses its
3 funds or the proceeds of the sale of its bonds to liquidate the debts and
4 liabilities, it shall have an interest in the property in the proportion the
5 funds expended by it bear to the funds expended by the school city or
6 school town.
7 (c) Any bonds issued under this chapter shall be payable in not more
8 than twenty (20) years after the date of their issuance. The municipal
9 corporation issuing the bonds shall annually levy a tax on all of the
10 taxable property within the municipal corporation in an amount
11 sufficient to pay the interest on and the principal of such bonds as they
12 mature. The bonds may mature and be payable either semiannually or
13 annually. Notice of sale of the bonds shall be published once each week
14 for two (2) weeks:
15 (1) in a newspaper published:
16 (A) in the municipal corporation issuing the bonds; or
17 (B) in a newspaper published in the county seat of the county
18 in which the municipal corporation is located; or
19 (2) in accordance with IC 5-3-5 on the official web site of the
20 municipal corporation issuing the bonds.
21 Additional notices may be published.
22 (d) If the corporation ceases to exist or winds up its affairs without
23 its board of trustees or directors finding that it is no longer possible for
24 the corporation to operate the university, college, or institution of
25 learning as a postsecondary educational institution, this shall have the
26 same effect as such a finding.
27 SECTION 78. IC 32-24-1-5, AS AMENDED BY P.L.163-2006,
28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 5. (a) As a condition precedent to filing a
30 complaint in condemnation, and except for an action brought under
31 IC 8-1-13-19 (repealed), a condemnor may enter upon the property as
32 provided in this chapter and must, at least thirty (30) days before filing
33 a complaint, make an offer to purchase the property in the form
34 prescribed in subsection (c). The offer must be served personally or by
35 certified mail upon:
36 (1) the owner of the property sought to be acquired; or
37 (2) the owner's designated representative.
38 (b) If the offer cannot be served personally or by certified mail, or
39 if the owner or the owner's designated representative cannot be found,
40 notice of the offer shall be given by publication in a newspaper of
41 general circulation in the county in which the property is located or in
42 the county where the owner was last known to reside or, if the
2022	IN 283—LS 6912/DI 87 78
1 condemnor is a political subdivision, by publication in accordance
2 with IC 5-3-5 on the official web site of the political subdivision.
3 The notice must be in the following form:
4	NOTICE
5 TO: _________________, _____________________ (owner(s)),
6 __________________________ (condemnor) needs your property for
7 a _____________________________________________ (description
8 of project), and will need to acquire the following from you:
9 ________________________________________________ (general
10 description of the property to be acquired). We have made you a formal
11 offer for this property that is now on file in the Clerk's Office in the
12 ________ County Court House. Please pick up the offer. If you do not
13 respond to this notice or accept the offer by ____ (a date 30 days from
14 1st date of publication) 20___, we shall file a suit to condemn the
15 property.
16	_______________________
17	Condemnor
18 The condemnor must file the offer with the clerk of the circuit court
19 with a supporting affidavit that diligent search has been made and that
20 the owner cannot be found. The notice shall be published twice as
21 follows:
22 (1) One (1) notice immediately.
23 (2) A subsequent publication at least seven (7) days and not more
24 than twenty-one (21) days after the publication under subdivision
25 (1).
26 (c) The offer to purchase must be in the following form:
27	UNIFORM PROPERTY OR EASEMENT
28	ACQUISITION OFFER
29 ____________ (condemnor) is authorized by Indiana law to obtain
30 your property or an easement across your property for certain public
31 purposes. _____________ (condemnor) needs (your property) (an
32 easement across your property) for a ___________________________
33 (brief description of the project) and needs to take
34 __________________ (legal description of the property or easement
35 to be taken; the legal description may be made on a separate sheet and
36 attached to this document if additional space is required)
37 It is our opinion that the fair market value of the (property) (easement)
38 we want to acquire from you is $ ____, and, therefore, _____________
39 (condemnor) offers you $ _______ for the above described (property)
40 (easement). You have thirty (30) days from this date to accept or reject
41 this offer. If you accept this offer, you may expect payment in full
42 within ninety (90) days after signing the documents accepting this offer
2022	IN 283—LS 6912/DI 87 79
1 and executing the easement, and provided there are no difficulties in
2 clearing liens or other problems with title to land. Possession will be
3 required thirty (30) days after you have received your payment in full.
4 HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND
5 LEGALLY PROTECTED RIGHTS:
6 1. By law, _____________ (condemnor) is required to make a
7 good faith effort to purchase (your property) (an easement across
8 your property).
9 2. You do not have to accept this offer and __________
10 (condemnor) is not required to agree to your demands.
11 3. However, if you do not accept this offer, and we cannot come
12 to an agreement on the acquisition of (your property) (an
13 easement), _____________ (condemnor) has the right to file suit
14 to condemn and acquire the (property) (easement) in the county
15 in which the property is located.
16 4. You have the right to seek advice of an attorney, real estate
17 appraiser, or any other person of your choice on this matter.
18 5. You may object to the public purpose and necessity of this
19 project.
20 6. If _____________ (condemnor) files a suit to condemn and
21 acquire (your property) (an easement) and the court grants its
22 request to condemn, the court will then appoint three appraisers
23 who will make an independent appraisal of the (property)
24 (easement) to be acquired.
25 7. If we both agree with the court appraisers' report, then the
26 matter is settled. However, if either of us disagrees with the
27 appraisers' report to the court, either of us has the right to ask for
28 a trial to decide what should be paid to you for the (property)
29 (easement) condemned.
30 8. If the court appraisers' report is not accepted by either of us,
31 then ______________ (condemnor) has the legal option of
32 depositing the amount of the court appraisers' evaluation with the
33 court. And if such a deposit is made with the court,
34 _____________ (condemnor) is legally entitled to immediate
35 possession of the (property) (easement). You may, subject to the
36 approval of the court, make withdrawals from the amount
37 deposited with the court. Your withdrawal will in no way affect
38 the proceedings of your case in court, except that, if the final
39 judgment awarded you is less than the withdrawal you have made
40 from the amount deposited, you will be required to pay back to
41 the court the amount of the withdrawal in excess of the amount of
42 the final judgment.
2022	IN 283—LS 6912/DI 87 80
1 9. The trial will decide the full amount of damages you are to
2 receive. Both of us will be entitled to present legal evidence
3 supporting our opinions of the fair market value of the property or
4 easement. The court's decision may be more or less than this
5 offer. You may employ, at your cost, appraisers and attorneys to
6 represent you at this time or at any time during the course of the
7 proceeding described in this notice. (The condemnor may insert
8 here any other information pertinent to this offer or required by
9 circumstances or law).
10 10. If you have any questions concerning this matter you may
11 contact us at:
12 ____________________________________________________
13 ____________________________________________________
14 (full name, mailing and street address, and phone of the
15 condemnor)
16 This offer was made to the owner(s):
17 ______________ of ________________,
18 ______________ of ________________,
19 ______________ of ________________,
20 ______________ of ________________,
21 on the _____ day of ______ 20___,
22	BY:
23	_________________________
24	(signature)
25	_________________________
26	(printed name and title)
27	Agent of:_________________________
28	(condemnor)
29 If you decide to accept the offer of $ _____ made by
30 _____________ (condemnor) sign your name below and mail this
31 form to the address indicated above. An additional copy of this
32 offer has been provided for your file.
33	ACCEPTANCE OF OFFER
34 I (We), ______________, ______________, ___________,
35 owner(s) of the above described property or interest in property, hereby
36 accept the offer of $ _______ made by _________ (condemnor) on this
37 _____ day of _______, 20___.
38	_______________________________________
39	_______________________________________
40	_______________________________________
41	_______________________________________
42	NOTARY'S CERTIFICATE
2022	IN 283—LS 6912/DI 87 81
1 STATE OF _____________)
2	) SS:
3 COUNTY OF ___________)
4 Subscribed and sworn to before me this ____ day of
5 __________, 20___.
6 My Commission Expires: __________
7 __________________________________
8 (Signature)
9 ________________________________________________
10 (Printed) NOTARY PUBLIC
11 (d) If the condemnor has a compelling need to enter upon property
12 to restore utility or transportation services interrupted by disaster or
13 unforeseeable events, the provisions of subsections (a), (b), and (c) do
14 not apply for the purpose of restoration of utility or transportation
15 services interrupted by the disaster or unforeseeable events. However,
16 the condemnor shall be responsible to the property owner for all
17 damages occasioned by the entry, and the condemnor shall immediately
18 vacate the property entered upon as soon as utility or transportation
19 services interrupted by the disaster or unforeseeable event have been
20 restored.
21 SECTION 79. IC 32-24-1-7, AS AMENDED BY P.L.152-2021,
22 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 7. (a) The notice, upon its return, must show its:
24 (1) service for ten (10) days; or
25 (2) proof of publication for three (3) successive weeks:
26 (A) with each publication of the notice in a weekly newspaper
27 of general circulation printed and published in the English
28 language in the county in which the property sought to be
29 acquired is located; or
30 (B) with the first publication of notice in a newspaper described
31 in clause (A) and the two (2) subsequent publications of notice:
32 (i) in accordance with IC 5-3-5 and (ii) on the official web site
33 of the county.
34 The last publication of the notice must be five (5) days before the day
35 set for the hearing.
36 (b) The clerk of the court in which the proceedings are pending,
37 upon the first publication of the notice, shall send to the post office
38 address of each nonresident owner whose property will be affected by
39 the proceedings a copy of the notice, if the post office address of the
40 owner or owners can be ascertained by inquiry at the office of the
41 treasurer of the county.
42 (c) The court, being satisfied of the regularity of the proceedings
2022	IN 283—LS 6912/DI 87 82
1 and the right of the plaintiff to exercise the power of eminent domain
2 for the use sought, shall appoint:
3 (1) one (1) disinterested freeholder of the county; and
4 (2) two (2) disinterested appraisers licensed under IC 25-34.1;
5 who are residents of Indiana to assess the damages, or the benefits and
6 damages, as the case may be, that the owner or owners severally may
7 sustain, or be entitled to, by reason of the acquisition. One (1) of the
8 appraisers appointed under subdivision (2) must reside not more than
9 fifty (50) miles from the property.
10 SECTION 80. IC 32-24-2-6, AS AMENDED BY P.L.152-2021,
11 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 6. (a) This chapter applies if the works board of
13 a municipality wants to acquire property for the use of the municipality
14 or to open, change, lay out, or vacate a street, an alley, or a public place
15 in the municipality, including a proposed street or alley crossings of
16 railways or other rights-of-way. However, this chapter does not apply
17 if a municipality wants to acquire the property of a public utility (as
18 defined in IC 8-1-2-1).
19 (b) The works board must adopt a resolution that the municipality
20 wants to acquire the property. The resolution must describe the
21 property that may be injuriously or beneficially affected. The board
22 shall have notice of the resolution:
23 (1) published for two (2) consecutive weeks:
24 (A) with each publication of notice in a newspaper of general
25 circulation published in the municipality; or
26 (B) with the first publication of notice in a newspaper described
27 in clause (A) and the second publication of notice: (i) in
28 accordance with IC 5-3-5 and (ii) on the official web site of the
29 municipality; and
30 (2) mailed to the owner of each piece of property affected by the
31 proposed acquisition.
32 The notice must name a date, at least thirty (30) days after the last
33 publication, at which time the board will receive or hear remonstrances
34 from persons interested in or affected by the proceeding.
35 (c) The works board shall consider the remonstrances, if any, and
36 then take final action, confirming, modifying, or rescinding its original
37 resolution.
38 SECTION 81. IC 32-24-2-8, AS AMENDED BY P.L.152-2021,
39 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 8. (a) Upon the completion of the list, the works
41 board shall award the damages sustained and assess the benefits
42 accruing to each piece of property on the list.
2022	IN 283—LS 6912/DI 87 83
1 (b) When the assessments or awards are completed, the works board
2 shall have a written notice served upon the owner of each piece of
3 property, showing the amount of the assessment or award, by:
4 (1) if the owner is a resident of the municipality, leaving a copy
5 of the notice at the owner's last usual place of residence in the
6 municipality or by delivering a copy to the owner personally and
7 mailing a copy of the notice to the owner's address of record; or
8 (2) if the owner is not a resident of the municipality, by sending
9 the notice to the owner's address of record by certified mail.
10 (c) If the owner's residence is unknown, the municipality shall notify
11 the owner by publication once each week for three (3) successive
12 weeks:
13 (1) with each publication of notice in a daily newspaper of general
14 circulation in the municipality; or
15 (2) with the first publication of notice in a newspaper described
16 in subdivision (1) and the two (2) subsequent publications of
17 notice: (A) in accordance with IC 5-3-5 and (B) on the official
18 web site of the municipality.
19 (d) The notices must also name a day, at least thirty (30) days after
20 service of notice or after the last publication, on which the works board
21 will receive or hear remonstrances from owners with regard to:
22 (1) the amount of their respective awards or assessments; and
23 (2) objections to the municipality's right to exercise the power of
24 eminent domain for the use sought.
25 (e) Persons not included in the list of the assessments or awards and
26 claiming to be entitled to them are considered to have been notified of
27 the pendency of the proceedings by the original notice of the resolution
28 of the works board.
29 (f) The notice required by this section must provide the full text of
30 subsection (d) to provide notice to the property owners of their right to
31 object to the condemnation and be in substantially the same form as the
32 notice required under IC 32-24-1-6(a).
33 SECTION 82. IC 32-29-7-3, AS AMENDED BY THE
34 TECHNICAL CORRECTIONS BILL OF THE 2022 GENERAL
35 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 3. (a) In a proceeding for the foreclosure of a
37 mortgage executed on real estate, process may not issue for the
38 execution of a judgment or decree of sale for a period of three (3)
39 months after the filing of a complaint in the proceeding. However:
40 (1) the period is:
41 (A) twelve (12) months in a proceeding for the foreclosure of
42 a mortgage executed before January 1, 1958; and
2022	IN 283—LS 6912/DI 87 84
1 (B) six (6) months in a proceeding for the foreclosure of a
2 mortgage executed after December 31, 1957, but before July 1,
3 1975; and
4 (2) if the court finds under IC 32-30-10.6 that the mortgaged real
5 estate has been abandoned, a judgment or decree of sale may be
6 executed on the date the judgment of foreclosure or decree of sale
7 is entered, regardless of the date the mortgage is executed.
8 (b) A judgment and decree in a proceeding to foreclose a mortgage
9 that is entered by a court having jurisdiction may be filed with the clerk
10 in any county as provided in IC 33-32-3-2. After the period set forth in
11 subsection (a) expires, a person who may enforce the judgment and
12 decree may file a praecipe with the clerk in any county where the
13 judgment and decree is filed, and the clerk shall promptly issue and
14 certify to the sheriff of that county a copy of the judgment and decree
15 under the seal of the court. However, if:
16 (1) a praecipe is not filed with the clerk within one hundred eighty
17 (180) days after the later of the dates on which:
18 (A) the period specified in subsection (a) expires; or
19 (B) the judgment and decree is filed; and
20 (2) the sale is not:
21 (A) otherwise prohibited by law;
22 (B) subject to a voluntary statewide foreclosure moratorium; or
23 (C) subject to a written agreement that:
24 (i) provides for a delay in the sale of the mortgaged real
25 estate; and
26 (ii) is executed by and between the owner of the mortgaged
27 real estate and a party entitled to enforce the judgment and
28 decree;
29 an enforcement authority that has issued an abatement order under
30 IC 36-7-36-9 with respect to the mortgaged real estate may file a
31 praecipe with the clerk in any county where the judgment and decree
32 is filed. If an enforcement authority files a praecipe under this
33 subsection, the clerk of the county in which the praecipe is filed shall
34 promptly issue and certify to the sheriff of that county a copy of the
35 judgment and decree under the seal of the court.
36 (c) Upon receiving a certified judgment under subsection (b), the
37 sheriff shall, subject to section 4 of this chapter, sell the mortgaged
38 premises or as much of the mortgaged premises as necessary to satisfy
39 the judgment, interest, and costs at public auction at the office of the
40 sheriff or at another location that is reasonably likely to attract higher
41 competitive bids. The sheriff shall schedule the date and time of the
42 sheriff's sale for:
2022	IN 283—LS 6912/DI 87 85
1 (1) a date not later than:
2 (A) sixty (60) days after the date on which a judgment and
3 decree under IC 32-30-10.6-5; and
4 (B) one hundred twenty (120) days after the date on which a
5 judgment and decree in all other cases;
6 under seal of the court is certified to the sheriff by the clerk; and
7 (2) a time certain between the hours of 10 a.m. and 4 p.m. on any
8 day of the week except Sunday.
9 (d) Before selling mortgaged property, the sheriff must advertise the
10 sale by publication once each week for three (3) successive weeks:
11 (1) with each publication of notice in a daily or weekly newspaper
12 of general circulation in at least one (1) newspaper published and
13 circulated in each county where the real estate is situated; or
14 (2) with the first publication of notice in a newspaper described
15 in subdivision (1) and the two (2) subsequent publications of
16 notice: (A) in accordance with IC 5-3-5 and (B) on the official
17 web site of each county where the real estate is located.
18 The first publication shall be made at least thirty (30) days before the
19 date of sale. At the time of placing the first advertisement by
20 publication, the sheriff shall also serve a copy of the written or printed
21 notice of sale upon each owner of the real estate. Service of the written
22 notice shall be made as provided in the Indiana Rules of Trial
23 Procedure governing service of process upon a person.
24 (e) The sheriff shall charge a fee of ten dollars ($10) to one (1)
25 owner and three dollars ($3) to each additional owner for service of
26 written notice under this subsection (d). The fee is:
27 (1) a cost of the proceeding;
28 (2) to be collected as other costs of the proceeding are collected;
29 and
30 (3) to be deposited in the county general fund for appropriation
31 for operating expenses of the sheriff's department.
32 (f) The sheriff also shall post written or printed notices of the sale
33 at the door of the courthouse of each county in which the real estate is
34 located.
35 (g) If the sheriff is unable to procure the publication of a notice
36 within the county, the sheriff may dispense with publication. The
37 sheriff shall state that the sheriff was not able to procure the
38 publication and explain the reason why publication was not possible.
39 (h) Notices under subsections (d), (e), (f), and (j) must contain a
40 statement, for informational purposes only, of the location of each
41 property by street address, if any, or other common description of the
42 property other than legal description. A misstatement in the
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1 informational statement under this subsection does not invalidate an
2 otherwise valid sale.
3 (i) The sheriff may charge an administrative fee of not more than
4 two hundred dollars ($200) with respect to a proceeding referred to in
5 subsection (b) for actual costs directly attributable to the administration
6 of the sale under subsection (c). The fee is:
7 (1) payable by the person seeking to enforce the judgment and
8 decree; and
9 (2) due at the time of filing of the praecipe;
10 under subsection (b).
11 (j) If a sale of mortgaged property scheduled under this section is
12 canceled, the sheriff shall provide written notice of the cancellation to
13 each owner of the real estate. Service of the written notice shall be
14 made as provided in the Indiana Rules of Trial Procedure governing
15 service of process upon a person. The sheriff shall charge a fee of ten
16 dollars ($10) for notice to one (1) owner and three dollars ($3) for
17 notice to each additional owner for service of written notice under this
18 subsection. The fee:
19 (1) is a cost of the proceeding;
20 (2) shall be collected as other costs of the proceeding are
21 collected; and
22 (3) shall be deposited in the county general fund for appropriation
23 for operating expenses of the sheriff's department.
24 The fee for service under this subsection shall be paid by the person
25 who caused the sale to be canceled.
26 SECTION 83. IC 34-55-6-9, AS AMENDED BY P.L.152-2021,
27 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 9. (a) A sale of real estate, on execution, shall be
29 advertised by the sheriff for at least twenty (20) days successively, next
30 before the day of sale, by:
31 (1) posting written or printed notices of the sale in three (3) public
32 places in the township in which the real estate is located;
33 (2) posting a like advertisement at the door of the courthouse of
34 the county; and
35 (3) advertising the sale for three (3) weeks successively by
36 publishing notice:
37 (A) with each publication of notice in a newspaper:
38 (i) of general circulation;
39 (ii) printed in the English language; and
40 (iii) published in the county where the real estate is located;
41 or
42 (B) with the first publication of notice one (1) time in a
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1 newspaper described in clause (A) and all successive
2 publications of notice: (i) in accordance with IC 5-3-5 and (ii)
3 on the official web site of each county where the real estate is
4 located.
5 (b) However, if the sheriff is not able to procure the publication of
6 the notice in a newspaper of general circulation, published within the
7 sheriff's county, the sheriff may:
8 (1) dispense with the publication of the notice; or
9 (2) publish the notice on the official web site of each county
10 where the real estate is located for three (3) weeks successively.
11 The land may be sold without the required publication, but the sheriff
12 shall, in the sheriff's return of the writ, state the sheriff's inability to
13 procure the publication of notice in the newspaper. The return has the
14 same effect in evidence as the official returns of sheriffs in other cases.
15 (c) In a notice under this section, the sheriff must include the
16 following:
17 (1) A statement of the date, time, and place of the sale.
18 (2) A description of the location of the property that includes, for
19 informational purposes only, the location of each property by
20 street address, if any, or other common description of the property
21 other than legal description. However, a misstatement in the
22 informational statement under this subdivision does not invalidate
23 an otherwise valid sale.
24 SECTION 84. IC 35-47-3-2, AS AMENDED BY P.L.101-2017,
25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 2. (a) This section applies only to firearms which
27 are not required to be registered in the National Firearms Registration
28 and Transfer Record.
29 (b) Firearms shall be returned to the rightful owner at once
30 following final disposition of the cause if a return has not already
31 occurred under the terms of IC 35-33-5. If the rightful ownership is not
32 known the law enforcement agency holding the firearm shall make a
33 reasonable attempt to ascertain the rightful ownership and cause the
34 return of the firearm. However, nothing in this chapter shall be
35 construed as requiring the return of firearms to rightful owners who
36 have been convicted for the misuse of firearms. In such cases, the court
37 may provide for the return of the firearm in question or order that the
38 firearm be at once delivered:
39 (1) except as provided in subdivision (2), to the sheriff's
40 department of the county in which the offense occurred; or
41 (2) to the law enforcement agency that confiscated the firearm.
42 (c) If at least one hundred eighty (180) days have elapsed since the
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1 sheriff's department or law enforcement agency received the firearm,
2 and:
3 (1) all reasonable attempts to locate the rightful owner of the
4 firearm have failed; or
5 (2) the rightful owner has been convicted of an offense related to
6 the misuse of a firearm;
7 the sheriff's department or law enforcement agency shall dispose of the
8 firearm as described in subsection (d).
9 (d) Subject to subsection (c), the receiving law enforcement agency
10 shall dispose of firearms under subsection (b), at the discretion of the
11 law enforcement agency, by use of any of the following procedures:
12 (1) Public sale of the firearms to the general public as follows:
13 (A) Notice of the sale shall be (i) posted for ten (10) days in the
14 county courthouse in a place readily accessible to the general
15 public and (ii) advertised published for two (2) days at least
16 five (5) days before the sale:
17 (i) in the principal newspaper of the county; or
18 (ii) in accordance with IC 5-3-5 on the official web site of
19 the county.
20 for two (2) days in an advertisement that appears in the
21 newspaper at least five (5) days prior to the sale.
22 (B) Disposition of the firearm shall be by public auction in a
23 place convenient to the general public, with disposition going
24 to the highest bidder. However, no firearm shall be transferred
25 to any bidder if that bidder is not lawfully eligible to receive
26 and possess firearms according to the laws of the United States
27 and Indiana.
28 (C) All handguns transferred under this subdivision shall also
29 be transferred according to the transfer procedures set forth in
30 this article.
31 (D) Money collected pursuant to the sales shall first be used to
32 defray the necessary costs of administering this subdivision
33 with any surplus to be:
34 (i) deposited into the receiving law enforcement agency's
35 firearms training fund, other appropriate training activities
36 fund, or any other fund that may be used by the receiving law
37 enforcement agency for the purchase and maintenance of
38 firearms, ammunition, vests, and other law enforcement
39 equipment; and
40 (ii) used by the agency exclusively to train law enforcement
41 officers in the proper use of firearms or other law
42 enforcement duties, and to purchase and maintain firearms,
2022	IN 283—LS 6912/DI 87 89
1 ammunition, vests, and other law enforcement equipment.
2 A law enforcement agency may not sell a firearm to the general
3 public if the firearm is unsafe to operate because it has been
4 damaged or altered.
5 (2) Sale of the firearms to a licensed firearms dealer as follows:
6 (A) Notice of the sale must be (i) posted for ten (10) days in the
7 county courthouse in a place readily accessible to the general
8 public and published for two (2) days at least five (5) days
9 before the sale:
10 (ii) (i) advertised in the principal newspaper of the county; or
11 (ii) in accordance with IC 5-3-5 on the official web site of
12 the county.
13 for two (2) days in an advertisement that appears in the
14 newspaper at least five (5) days before the sale.
15 (B) Disposition of the firearm shall be by auction with
16 disposition going to the highest bidder who is a licensed
17 firearms dealer.
18 (C) Money collected from the sales shall first be used to defray
19 the necessary costs of administering this subdivision and any
20 surplus shall be:
21 (i) deposited into the receiving law enforcement agency's
22 firearms training fund, other appropriate training activities
23 fund, or any other fund that may be used by the receiving law
24 enforcement agency for the purchase and maintenance of
25 firearms, ammunition, vests, and other law enforcement
26 equipment; and
27 (ii) used by the agency exclusively to train law enforcement
28 officers in the proper use of firearms or other law
29 enforcement duties, and to purchase and maintain firearms,
30 ammunition, vests, and other law enforcement equipment.
31 A law enforcement agency may sell a firearm to a licensed
32 firearms dealer for salvage or repair, even if the firearm is unsafe
33 to operate because it has been damaged or altered.
34 (3) Sale or transfer of the firearms to another law enforcement
35 agency.
36 (4) Release to the state police department laboratory or other
37 forensic laboratory administered by the state or a political
38 subdivision (as defined in IC 36-1-2-13) for the purposes of
39 research, training, and comparison in conjunction with the
40 forensic examination of firearms evidence.
41 (5) Destruction of the firearms. A firearm that is to be destroyed
42 may be sold to a salvage company and destroyed by dismantling
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1 the firearm for parts, scrap metal, or recycling, or for resale as
2 parts for other firearms.
3 (e) A receiving law enforcement agency may, at its discretion,
4 jointly sell firearms it has received with another law enforcement
5 agency, or permit another law enforcement agency to sell firearms it
6 has received on behalf of the receiving law enforcement agency. In any
7 event, all confiscated firearms shall be disposed of as promptly as
8 possible.
9 (f) When a firearm is delivered to the state police department
10 laboratory or other forensic laboratory under subsection (d)(4) and the
11 state police department laboratory or other forensic laboratory
12 determines the laboratory has no further need for the firearm in
13 question, the laboratory shall return the firearm to the law enforcement
14 agency for disposal under subsection (d).
15 SECTION 85. IC 36-1-12.5-5, AS AMENDED BY P.L.152-2021,
16 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 5. (a) The governing body may enter into an
18 agreement with a public utility to participate in a utility efficiency
19 program or enter into a guaranteed savings contract with a qualified
20 provider to increase the political subdivision's billable revenues or
21 reduce the school corporation's or the political subdivision's energy or
22 water consumption, wastewater usage costs, or operating costs if, after
23 review of the report described in section 6 of this chapter, the
24 governing body finds:
25 (1) in the case of conservation measures other than those that are
26 part of a project related to the alteration of a water or wastewater
27 structure or system, that the amount the governing body would
28 spend on the conservation measures under the contract and that
29 are recommended in the report is not likely to exceed the amount
30 to be saved in energy consumption costs and other operating costs
31 over twenty (20) years from the date of installation if the
32 recommendations in the report were followed;
33 (2) in the case of conservation measures that are part of a project
34 related to the alteration of a water or wastewater structure or
35 system, that the amount the governing body would spend on the
36 conservation measures under the contract and that are
37 recommended in the report is not likely to exceed the amount of
38 increased billable revenues or the amount to be saved in energy
39 and water consumption costs, wastewater usage costs, and other
40 operating costs over twenty (20) years from the date of
41 installation if the recommendations in the report were followed;
42 and
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1 (3) in the case of a guaranteed savings contract, the qualified
2 provider provides a written guarantee as described in subsection
3 (d)(3).
4 (b) Before entering into an agreement to participate in a utility
5 efficiency program or a guaranteed savings contract under this section,
6 the governing body must publish notice under subsection (c)
7 indicating:
8 (1) that the governing body is requesting public utilities or
9 qualified providers to propose conservation measures through:
10 (A) a utility efficiency program; or
11 (B) a guaranteed savings contract; and
12 (2) the date, the time, and the place where proposals must be
13 received.
14 (c) The notice required by subsection (b) must be published two (2)
15 times with at least one (1) week between publications:
16 (1) with each publication of notice in accordance with IC 5-3-1-1
17 in two (2) newspapers of general circulation in the county where
18 the school corporation or the political subdivision is located; or
19 (2) with the first publication of notice in the newspapers
20 described in subdivision (1) and the second publication of notice:
21 (A) in accordance with IC 5-3-5 and (B) on the official web site
22 of the school corporation or the political subdivision.
23 The second publication must be made at least thirty (30) days before
24 the date by which proposals must be received.
25 (d) An agreement to participate in a utility efficiency program or
26 guaranteed savings contract under this section must provide that:
27 (1) in the case of conservation measures other than those that are
28 part of a project related to the alteration of a water or wastewater
29 structure or system, all payments, except obligations upon the
30 termination of the agreement or contract before the agreement or
31 contract expires, may be made to the public utility or qualified
32 provider (whichever applies) in installments, not to exceed the
33 lesser of twenty (20) years or the average life of the conservation
34 measures installed from the date of final installation;
35 (2) in the case of conservation measures that are part of a project
36 related to the alteration of a water or wastewater structure or
37 system, all payments, except obligations upon the termination of
38 the agreement or contract before the agreement or contract
39 expires, may be made to the public utility or qualified provider
40 (whichever applies) in installments, not to exceed the lesser of
41 twenty (20) years or the average life of the conservation measures
42 installed from the date of final installation;
2022	IN 283—LS 6912/DI 87 92
1 (3) in the case of the guaranteed savings contract:
2 (A) the:
3 (i) savings in energy and water consumption costs,
4 wastewater usage costs, and other operating costs; and
5 (ii) increase in billable revenues;
6 due to the conservation measures are guaranteed to cover the
7 costs of the payments for the measures; and
8 (B) the qualified provider will reimburse the school corporation
9 or political subdivision for the difference between the
10 guaranteed savings and the actual savings; and
11 (4) payments are subject to annual appropriation by the fiscal
12 body of the school corporation or political subdivision and do not
13 constitute an indebtedness of the school corporation or political
14 subdivision within the meaning of a constitutional or statutory
15 debt limitation.
16 SECTION 86. IC 36-1.5-4-7, AS AMENDED BY P.L.152-2021,
17 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 7. (a) In the year before the year in which the
19 participating political subdivisions are reorganized under this chapter:
20 (1) subject to subsection (b), the fiscal bodies of the reorganizing
21 political subdivisions shall, in the manner provided by
22 IC 6-1.1-17, adopt tax levies, tax rates, and a budget for the
23 reorganized political subdivision either through the adoption of
24 substantially identical resolutions adopted by each of the fiscal
25 bodies or, if authorized in the plan of reorganization, through a
26 joint board established under an agreement of the fiscal bodies on
27 which the members of each of the fiscal bodies are represented;
28 and
29 (2) if the reorganized political subdivision will have elected
30 offices and different election districts than any of the reorganizing
31 political subdivisions, the legislative bodies of the reorganizing
32 political subdivisions shall establish the election districts either
33 through the adoption of substantially identical resolutions adopted
34 by each of the legislative bodies or, if authorized in the plan of
35 reorganization, through a joint board established under an
36 agreement of the legislative bodies on which the members of each
37 of the legislative bodies are represented.
38 (b) This subsection applies to two (2) or more school corporations
39 that participate in a reorganization in which the voters approve a plan
40 of reorganization in a general election and the plan of reorganization
41 provides for the reorganization to become effective for property taxes
42 first due and payable in the immediately following calendar year. The
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1 participating school corporations may publish notices, hold public
2 hearings, and take final action for the adoption of property tax levies,
3 property tax rates, and a budget for the reorganized school corporation
4 after the voters approve the plan of reorganization. The alternative
5 schedule must comply with the following:
6 (1) Each participating school corporation shall give notice by
7 publication to taxpayers of:
8 (A) the estimated budget;
9 (B) the estimated maximum permissible levy;
10 (C) the current and proposed tax levies of each fund; and
11 (D) the amounts of excessive levy appeals to be requested;
12 for the ensuing year as set forth in subsection (c).
13 (2) Each participating school corporation must conduct a public
14 hearing on the proposed tax levies, tax rates, and budget at least
15 ten (10) days before the date the participating school corporation
16 adopts the proposed tax levies, tax rates, and budget.
17 (3) The governing body of each participating school corporation
18 must meet to fix the tax levies, tax rates, and budget for the
19 ensuing year before December 6 of the year the public question
20 is approved by the voters.
21 (4) The county auditor shall certify the adopted property tax
22 levies, property tax rates, and budget for the reorganized school
23 corporation to the department of local government finance before
24 December 8 in the year in which the public question is approved
25 by the voters.
26 Subject to subsection (d), the department of local government finance
27 may adjust any other applicable time limit specified in IC 6-1.1-17 to
28 be consistent with this section.
29 (c) The notice under subsection (b)(1) must be published two (2)
30 times:
31 (1) with each publication of notice in a newspaper in accordance
32 with IC 5-3-1; or
33 (2) with the first publication of notice in a newspaper described
34 in subdivision (1) and the second publication of notice: (A) in
35 accordance with IC 5-3-5 and (B) on the official web site of each
36 participating school corporation.
37 The first publication of notice must be at least ten (10) days before the
38 date fixed for the public hearing and the last publication of notice must
39 be not later than November 24 of the year the public question is
40 approved by the voters.
41 (d) The department of local government finance is expressly
42 directed to complete the duties assigned to it under IC 6-1.1-17-16 with
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1 respect to the submitted property tax levies, property tax rates, and
2 budget as follows:
3 (1) For each budget year before 2019, not later than February 15
4 of that budget year.
5 (2) For each budget year after 2018, not later than December 31
6 of the year preceding that budget year, unless a taxing unit in a
7 county is issuing debt after December 1 in the year preceding the
8 budget year or intends to file a shortfall appeal under
9 IC 6-1.1-18.5-16.
10 (3) For each budget year after 2018, not later than January 15 of
11 the budget year if a taxing unit in a county is issuing debt after
12 December 1 in the year preceding the budget year or intends to
13 file a shortfall appeal under IC 6-1.1-18.5-16.
14 (e) If a school is converted into a charter school under IC 20-24-11,
15 the charter school must, before December 1 of each year, publish its
16 estimated annual budget for the ensuing year in accordance with
17 IC 5-3-1.
18 SECTION 87. IC 36-2-3.5-4 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) All powers and
20 duties of the county that are executive or administrative in nature shall
21 be exercised or performed by its executive, except to the extent that
22 these powers and duties are expressly assigned to other elected officers.
23 (b) The executive shall:
24 (1) report the state of the county annually before March 1 to the
25 county legislative body and to the people of the county;
26 (2) recommend annually before March 1 to the legislative body
27 whatever action or program it considers necessary for the
28 improvement of the county and the welfare of its residents;
29 (3) submit to the legislative body an annual budget in accordance
30 with IC 36-2-5;
31 (4) establish the procedures to be followed by all county
32 departments, offices, and agencies under its jurisdiction to the
33 extent these procedures are not expressly assigned to other elected
34 officers;
35 (5) administer all statutes applicable to the county, and its
36 ordinances and regulations, to the extent these matters are not
37 expressly assigned to other elected officers;
38 (6) supervise the care and custody of all county property;
39 (7) supervise the collection of revenues and control all
40 disbursements and expenditures, and prepare a complete account
41 of all expenditures, to the extent these matters are not expressly
42 assigned to other elected officers;
2022	IN 283—LS 6912/DI 87 95
1 (8) review, analyze, and forecast trends for county services and
2 finances, and programs of all county governmental entities, and
3 report and recommend on these to the legislative body by March
4 15 each year;
5 (9) negotiate contracts for the county;
6 (10) make recommendations concerning the nature and location
7 of county improvements, and provide for the execution of those
8 improvements;
9 (11) supervise county administrative offices except for the offices
10 of elected officers; and
11 (12) perform other duties and functions that are imposed on it by
12 statute or ordinance.
13 (c) The executive may:
14 (1) order any agency under its jurisdiction to undertake any task
15 for any other agency under its jurisdiction on a temporary basis,
16 if necessary for the proper and efficient administration of county
17 government;
18 (2) approve or veto ordinances passed by the legislative body, in
19 the manner prescribed by IC 36-2-4-8; IC 36-2-4-8.2; and
20 (3) establish and administer centralized budgeting, centralized
21 personnel selection, and centralized purchasing.
22 SECTION 88. IC 36-2-4-0.1, AS ADDED BY P.L.220-2011,
23 SECTION 642, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2022]: Sec. 0.1. The amendments made by
25 P.L.335-1985 to:
26 (1) sections section 7 of this chapter; and
27 (2) section 8 of this chapter (before its repeal);
28 by P.L.335-1985 do not affect a proposal initiated before September 1,
29 1986, to amend, repeal, or otherwise change a comprehensive plan or
30 zoning ordinance under IC 36-7-4. Such a proposal may be considered,
31 adopted, and approved under the statutes in effect before September 1,
32 1986, as if P.L.335-1985 had not been enacted.
33 SECTION 89. IC 36-2-4-8, AS AMENDED BY P.L.22-2021,
34 SECTION 5, IS REPEALED [EFFECTIVE JULY 1, 2022]. Sec. 8. (a)
35 An ordinance, order, or resolution is considered adopted when it is
36 signed by the presiding officer. If required, an adopted ordinance,
37 order, or resolution must be promulgated or published according to
38 statute before it takes effect.
39 (b) An ordinance prescribing a penalty or forfeiture for a violation
40 must, before it takes effect, be published once each week for two (2)
41 consecutive weeks, according to IC 5-3-1. However, if such an
42 ordinance is adopted by the legislative body of a county subject to
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1 IC 36-2-3.5 and there is an urgent necessity requiring its immediate
2 effectiveness, it need not be published if:
3 (1) the county executive proclaims the urgent necessity; and
4 (2) copies of the ordinance are posted in three (3) public places in
5 each of the districts of the county before it takes effect.
6 (c) The following apply in addition to the other requirements of this
7 section:
8 (1) An ordinance or resolution passed by the legislative body of
9 a county subject to IC 36-2-3.5 is considered adopted only if it is:
10 (A) approved by signature of a majority of the county executive
11 (in the case of a county subject to IC 36-2-3.5);
12 (B) neither approved nor vetoed by a majority of the executive
13 (in the case of a county subject to IC 36-2-3.5) within ten (10)
14 days after passage by the legislative body; or
15 (C) passed over the veto of the executive by a two-thirds (2/3)
16 vote of the legislative body, within sixty (60) days after
17 presentation of the ordinance or resolution to the executive.
18 (2) Subject to subsection (g), the legislative body of a county
19 shall:
20 (A) subject to subdivision (3), give written notice to the
21 department of environmental management not later than sixty
22 (60) days before amendment or repeal of an environmental
23 restrictive ordinance; and
24 (B) give written notice to the department of environmental
25 management not later than thirty (30) days after passage,
26 amendment, or repeal of an environmental restrictive
27 ordinance.
28 (3) Upon written request by the legislative body, the department
29 of environmental management may waive the notice requirement
30 of subdivision (2)(A).
31 (4) An environmental restrictive ordinance passed or amended
32 after 2009 by the legislative body must state the notice
33 requirements of subdivision (2).
34 (5) The failure of an environmental restrictive ordinance to
35 comply with subdivision (4) does not void the ordinance.
36 (d) After an ordinance or resolution passed by the legislative body
37 of a county subject to IC 36-2-3.5 has been signed by the presiding
38 officer, the county auditor shall present it to the county executive, and
39 record the time of the presentation. Within ten (10) days after an
40 ordinance or resolution is presented to it, the executive shall:
41 (1) approve the ordinance or resolution, by signature of a majority
42 of the executive (in the case of a county subject to IC 36-2-3.5),
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1 and send the legislative body a message announcing its approval;
2 or
3 (2) veto the ordinance or resolution, by returning it to the
4 legislative body with a message announcing its veto and stating
5 its reasons for the veto.
6 (e) This section (other than subsection (c)(2)) does not apply to a
7 zoning ordinance or amendment to a zoning ordinance, or a resolution
8 approving a comprehensive plan, that is adopted under IC 36-7.
9 (f) An ordinance increasing a building permit fee on new
10 development must:
11 (1) be published:
12 (A) one (1) time in accordance with IC 5-3-1; and
13 (B) not later than thirty (30) days after the ordinance is adopted
14 by the legislative body in accordance with IC 5-3-1; and
15 (2) delay the implementation of the fee increase for ninety (90)
16 days after the date the ordinance is published under subdivision
17 (1).
18 (g) The notice requirements of subsection (c)(2) apply only if the
19 municipal corporation received under IC 13-25-5-8.5(f) written notice
20 that the department is relying on the environmental restrictive
21 ordinance referred to in subsection (c)(2) as part of a risk based
22 remediation proposal:
23 (1) approved by the department; and
24 (2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or
25 IC 13-25-5.
26 SECTION 90. IC 36-2-4-8, AS AMENDED BY P.L.152-2021,
27 SECTION 39, IS REPEALED [EFFECTIVE JULY 1, 2022]. Sec. 8. (a)
28 An ordinance, order, or resolution is considered adopted when it is
29 signed by the presiding officer. If required, an adopted ordinance,
30 order, or resolution must be promulgated or published according to
31 statute before it takes effect.
32 (b) An ordinance prescribing a penalty or forfeiture for a violation
33 must, before it takes effect, be published once each week for two (2)
34 consecutive weeks, according to IC 5-3-1:
35 (1) with each publication of notice in a newspaper in accordance
36 with IC 5-3-1; or
37 (2) with the first publication of notice in a newspaper described
38 in subdivision (1) and the second publication of notice:
39 (A) in accordance with IC 5-3-5; and
40 (B) on the official web site of the county.
41 (c) The following apply in addition to the other requirements of this
42 section:
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1 (1) Subject to subsection (f), the legislative body of a county
2 shall:
3 (A) subject to subdivision (2), give written notice to the
4 department of environmental management not later than sixty
5 (60) days before amendment or repeal of an environmental
6 restrictive ordinance; and
7 (B) give written notice to the department of environmental
8 management not later than thirty (30) days after passage,
9 amendment, or repeal of an environmental restrictive
10 ordinance.
11 (2) Upon written request by the legislative body, the department
12 of environmental management may waive the notice requirement
13 of subdivision (1)(A).
14 (3) An environmental restrictive ordinance passed or amended
15 after 2009 by the legislative body must state the notice
16 requirements of subdivision (1).
17 (4) The failure of an environmental restrictive ordinance to
18 comply with subdivision (3) does not void the ordinance.
19 (d) This section (other than subsection (c)(1)) does not apply to a
20 zoning ordinance or amendment to a zoning ordinance, or a resolution
21 approving a comprehensive plan, that is adopted under IC 36-7.
22 (e) An ordinance increasing a building permit fee on new
23 development must:
24 (1) be published:
25 (A) one (1) time in accordance with IC 5-3-1; and
26 (B) not later than thirty (30) days after the ordinance is adopted
27 by the legislative body in accordance with IC 5-3-1; and
28 (2) delay the implementation of the fee increase for ninety (90)
29 days after the date the ordinance is published under subdivision
30 (1).
31 (f) The notice requirements of subsection (c)(1) apply only if the
32 municipal corporation received under IC 13-25-5-8.5(f) written notice
33 that the department is relying on the environmental restrictive
34 ordinance referred to in subsection (c)(1) as part of a risk based
35 remediation proposal:
36 (1) approved by the department; and
37 (2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or
38 IC 13-25-5.
39 SECTION 91. IC 36-2-4-8.1 IS ADDED TO THE INDIANA CODE
40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41 1, 2022]: Sec. 8.1. (a) This section does not apply to any of the
42 following adopted under IC 36-7:
2022	IN 283—LS 6912/DI 87 99
1 (1) A zoning ordinance.
2 (2) An amendment to a zoning ordinance.
3 (3) A resolution approving a comprehensive plan.
4 (b) Except as provided in section 8.2 of this chapter, an
5 ordinance, order, or resolution is considered adopted when the
6 ordinance, order, or resolution is signed by the presiding officer.
7 If required, an adopted ordinance, order, or resolution must be
8 promulgated or published according to statute before the
9 ordinance, order, or resolution takes effect.
10 (c) Except as provided in section 8.2 of this chapter, an
11 ordinance prescribing a penalty or forfeiture for a violation must,
12 before it takes effect, be published in accordance with IC 5-3-1
13 once each week for two (2) weeks:
14 (1) in a newspaper; or
15 (2) in accordance with IC 5-3-5 on the official web site of the
16 county.
(d) 17 An ordinance increasing a building permit fee on new
18 development must be published one (1) time and not later than
19 thirty (30) days after the ordinance is adopted by the legislative
20 body in accordance with IC 5-3-1. The ordinance must delay the
21 implementation of the fee increase for ninety (90) days after the
22 date the ordinance is published:
23 (1) in a newspaper; or
24 (2) in accordance with IC 5-3-5 on the official web site of the
25 county.
26 SECTION 92. IC 36-2-4-8.2 IS ADDED TO THE INDIANA CODE
27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28 1, 2022]: Sec. 8.2. (a) This section applies only to a county subject
29 to IC 36-2-3.5.
30 (b) This section does not apply to any of the following adopted
31 under IC 36-7:
32 (1) A zoning ordinance.
33 (2) An amendment to a zoning ordinance.
34 (3) A resolution approving a comprehensive plan.
35 (c) After an ordinance or resolution passed by the county
36 legislative body has been signed by the presiding officer of the
37 county legislative body, the county auditor shall:
38 (1) present the ordinance or resolution to the county
39 executive; and
40 (2) record the time of the presentation.
41 (d) Not later than ten (10) days after an ordinance or resolution
42 is presented to the county executive, the county executive shall:
2022	IN 283—LS 6912/DI 87 100
1 (1) approve the ordinance or resolution, by signature of a
2 majority of the county executive, and send the county
3 legislative body a message announcing the county executive's
4 approval; or
5 (2) veto the ordinance or resolution, by returning the
6 ordinance or resolution to the county legislative body with a
7 message announcing the county executive's veto and stating
8 the county executive's reasons for the veto.
9 (e) An ordinance or resolution passed by the county legislative
10 body is considered adopted only if the ordinance or resolution is:
11 (1) approved by signature of a majority of the county
12 executive;
13 (2) neither approved nor vetoed by a majority of the county
14 executive, not later than ten (10) days after passage by the
15 county legislative body; or
16 (3) passed over the veto of the county executive by a
17 two-thirds (2/3) vote of the county legislative body, not later
18 than sixty (60) days after presentation of the ordinance or
19 resolution to the county executive.
20 (f) If the county legislative body adopts an ordinance
21 prescribing a penalty or forfeiture for a violation and there is an
22 urgent necessity requiring the ordinance's immediate effectiveness,
23 the ordinance becomes effective without publication if:
24 (1) the county executive proclaims the urgent necessity; and
25 (2) copies of the ordinance are posted in three (3) public
26 places in each of the districts of the county before the
27 ordinance takes effect.
28 SECTION 93. IC 36-2-4-8.3 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30 1, 2022]: Sec. 8.3. (a) This section applies only to a county that
31 receives under IC 13-25-5-8.5(f) a written notice that the
32 department of environmental management is relying on an
33 environmental restrictive ordinance as part of a risk based
34 remediation proposal:
35 (1) approved by the department of environmental
36 management; and
37 (2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4,
38 or IC 13-25-5.
39 (b) A county legislative body shall give written notice to the
40 department of environmental management not later than sixty (60)
41 days before amendment or repeal of an environmental restrictive
42 ordinance, including a zoning ordinance, zoning ordinance
2022	IN 283—LS 6912/DI 87 101
1 amendment, or resolution approving a comprehensive plan
2 adopted under IC 36-7. However, upon written request by the
3 county legislative body, the department of environmental
4 management may waive the notice requirement.
5 (c) A county legislative body shall give written notice to the
6 department of environmental management not later than thirty
7 (30) days after passage, amendment, or repeal of an environmental
8 restrictive ordinance, including a zoning ordinance, zoning
9 ordinance amendment, or resolution approving a comprehensive
10 plan adopted under IC 36-7.
11 (d) An environmental restrictive ordinance passed or amended
12 after 2009 by the county legislative body must state the notice
13 requirements of subsections (b) and (c). However, the failure of an
14 environmental restrictive ordinance to comply with this subsection
15 does not void the ordinance.
16 SECTION 94. IC 36-7-9-25, AS AMENDED BY P.L.152-2021,
17 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 25. (a) Notice of orders, notice of continued
19 hearings without a specified date, notice of a statement that public bids
20 are to be let, and notice of claims for payment must be given by:
21 (1) sending a copy of the order or statement by registered or
22 certified mail to the residence or place of business or employment
23 of the person to be notified, with return receipt requested;
24 (2) delivering a copy of the order or statement personally to the
25 person to be notified;
26 (3) leaving a copy of the order or statement at the dwelling or
27 usual place of abode of the person to be notified and sending by
28 first class mail a copy of the order or statement to the last known
29 address of the person to be notified; or
30 (4) sending a copy of the order or statement by first class mail to
31 the last known address of the person to be notified.
32 If a notice described in subdivision (1) is returned undelivered, a copy
33 of the order or statement must be given in accordance with subdivision
34 (2), (3), or (4).
35 (b) If service is not obtained by a means described in subsection (a)
36 and the hearing authority concludes that a reasonable effort has been
37 made to obtain service, service may be made by publishing a notice of
38 the order or statement in accordance with IC 5-3-1 in the county where
39 the unsafe premises are located. However, publication must be made
40 two (2) times, at least one (1) week apart:
41 (1) with each publication of notice in a newspaper in accordance
42 with IC 5-3-1 in the county where the unsafe premises are
2022	IN 283—LS 6912/DI 87 102
1 located; or
2 (2) with the first publication of notice in a newspaper described
3 in subdivision (1) and the second publication of notice: (A) in
4 accordance with IC 5-3-5 and (B) on the official web site of the
5 county where the unsafe premises are located.
6 The second publication must be made at least three (3) days before an
7 event described in subsection (a). If service of an order is made by
8 publication, the publication must include the information required by
9 section 5(b)(1), 5(b)(2), 5(b)(4), 5(b)(5), 5(b)(6), 5(b)(7), and 5(b)(9)
10 of this chapter, and must also include a statement indicating generally
11 what action is required by the order and that the exact terms of the
12 order may be obtained from the enforcement authority. The hearing
13 authority may make a determination about whether a reasonable effort
14 has been made to obtain service by the means described in subsection
15 (a) on the basis of information provided by the department (or, in the
16 case of a consolidated city, the enforcement authority). The hearing
17 authority is not required to make the determination at a hearing. The
18 hearing authority must make the determination in writing.
19 (c) When service is made by any of the means described in this
20 section, except by mailing or by publication, the person making service
21 must make an affidavit stating that the person has made the service, the
22 manner in which service was made, to whom the order or statement
23 was issued, the nature of the order or statement, and the date of service.
24 The affidavit must be placed on file with the enforcement authority.
25 (d) The date when notice of the order or statement is considered
26 given is as follows:
27 (1) If the order or statement is delivered personally or left at the
28 dwelling or usual place of abode, notice is considered given on
29 the day when the order or statement is delivered to the person or
30 left at the person's dwelling or usual place of abode.
31 (2) If the order or statement is mailed, notice is considered given
32 on the date shown on the return receipt, or, if no date is shown, on
33 the date when the return receipt is received by the enforcement
34 authority.
35 (3) Notice by publication is considered given on the date of the
36 second day that publication was made.
37 (e) A person with a property interest in an unsafe premises who does
38 not:
39 (1) record an instrument reflecting the interest in the recorder's
40 office of the county where the unsafe premises is located; or
41 (2) if an instrument reflecting the interest is not recorded, provide
42 to the department (or, in the case of a consolidated city, the
2022	IN 283—LS 6912/DI 87 103
1 enforcement authority) in writing the person's name and address
2 and the location of the unsafe premises;
3 is considered to consent to reasonable action taken under this chapter
4 for which notice would be required and relinquish a claim to notice
5 under this chapter.
6 (f) The department (or, in the case of a consolidated city, the
7 enforcement authority) may, for the sake of administrative
8 convenience, publish notice under subsection (b) at the same time
9 notice is attempted under subsection (a). If published notice is given as
10 described in subsection (b), the hearing authority shall subsequently
11 make a determination about whether a reasonable effort has been made
12 to obtain service by the means described in subsection (a).
13 SECTION 95. IC 36-7-14.5-24 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 24. Any action to
15 contest the validity of bonds to be issued under this chapter may not be
16 brought after the fifteenth day following:
17 (1) the receipt of bids for the bonds, if the bonds are sold at public
18 sale; or
19 (2) the publication one (1) time:
20 (A) in a newspaper of general circulation published in the
21 county; or
22 (B) in accordance with IC 5-3-5 on the official web site of
23 the county;
24 of notice of the execution and delivery of the contract for the sale
25 of bonds;
26 whichever occurs first.
27 SECTION 96. IC 36-7-15.3-20 IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 20. Any action to
29 contest the validity of bonds to be issued under this chapter may not be
30 brought after the fifteenth day following:
31 (1) the receipt of bids for the bonds, if the bonds are sold at public
32 sale; or
33 (2) the publication one (1) time:
34 (A) in a newspaper of general circulation published in the
35 county; or
36 (B) in accordance with IC 5-3-5 on the official web site of
37 the county;
38 of notice of the execution and delivery of the contract for the sale
39 of bonds;
40 whichever occurs first.
41 SECTION 97. IC 36-7-23-52 IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 52. (a) A resolution
2022	IN 283—LS 6912/DI 87 104
1 establishing just and reasonable fees, rates, and charges for the use of
2 infrastructures under this chapter may be adopted by the board after a
3 public hearing. Notice of the hearing must be published one (1) time,
4 at least ten (10) days before the hearing:
5 (1) in one (1) newspaper published in each county in which a
6 participating unit is located in accordance with IC 5-3-1; or
7 (2) in accordance with IC 5-3-5 on the official web site of each
8 county in which a participating unit is located.
9 The notice must provide a summary of the resolution.
10 (b) Fees, rates, and charges adopted by the authority for a particular
11 infrastructure shall comply with statutes authorizing units to adopt fees,
12 rates, and charges for that particular type of infrastructure or, if there
13 is no statute authorizing units to adopt fees, rates, and charges for that
14 particular type of infrastructure, the fees, rates, and charges must
15 comply with IC 36-1-3.
16 SECTION 98. IC 36-9-27-53 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 53. (a) Whenever:
18 (1) the board has initiated, or is considering initiating, a
19 proceeding to reconstruct a regulated drain under this chapter;
20 (2) one (1) or more other regulated drains in the same watershed
21 are in need of reconstruction;
22 (3) the board finds that no substantial injustice would result from
23 treating the drains as a single drain; and
24 (4) the board has given notice and a hearing to the owners of
25 affected land;
26 the board may issue an order combining the drains.
27 (b) The notice shall be published:
28 (1) at least once; and
29 (2) not less than ten (10) nor more than thirty (30) days before the
30 date of the hearing.
31 (c) The notice shall be published:
32 (1) in a newspaper of general circulation in the area affected; or
33 (2) in accordance with IC 5-3-5 on the official web site of each
34 county in which the area affected is located.
35 Notice shall also be given to an attorney of record in the manner
36 provided in section 110 of this chapter.
37 (c) (d) After an order is issued under this section, this chapter
38 applies to the combined drains as if they were a single drain.
39 SECTION 99. IC 36-9-27-92, AS AMENDED BY P.L.127-2017,
40 SECTION 362, IS AMENDED TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2022]: Sec. 92. (a) Whenever the owner of a
42 tract of land assessed under this chapter subdivides or otherwise
2022	IN 283—LS 6912/DI 87 105
1 transfers part of the tract to another owner, the owner of the tract may
2 file with the board a written request for reassessment in recognition of
3 the transfer. The request must include the name and address of each
4 owner of a part of the tract, together with the description of that part.
5 (b) The board shall promptly determine and file a proposed
6 reassessment or amendment to the schedule of assessments to
7 recognize the transfer, set a date for hearing the request, and mail
8 notice to each affected owner in a five (5) day return envelope. The
9 service of further notice to the addressee of any letter that is returned
10 undelivered is the responsibility of the owner making the request. The
11 notice, which must describe the land to be reassessed, must state:
12 (1) the date, hour, and place of a hearing before the board on the
13 proposed reassessment;
14 (2) that the land of the owner is shown by the proposed
15 reassessment to be assessed in the sum of _______ dollars; and
16 (3) that failure to file objections or evidence at or before the
17 hearing constitutes a waiver of the right of the owner to object, on
18 the grounds stated in subsection (c), to any final action of the
19 board.
20 The notice shall be mailed at least twenty (20) days before the hearing.
21 However, written consent of all the affected owners, or the presence of
22 all those owners at the hearing, constitutes a waiver of any defect in
23 notice.
24 (c) In determining any reassessment, the board may consider only
25 whether the reassessment is made in the manner required for justice to
26 all affected land, taking into consideration section 84(c) of this chapter.
27 (d) At the hearing, the board shall consider all evidence and
28 objections and may modify the proposed reassessment as justice to all
29 affected land requires. Before final adjournment of the hearing, the
30 board shall adopt the reassessment or amendment to the schedule of
31 assessments into its findings and shall order the schedule amended.
32 The board shall then announce its the board's findings and order:
33 (1) by certified mail to each affected owner; or
34 (2) shall have by publishing one (1) notice of its the board's
35 findings and order:
36 (A) published in a newspaper of general circulation throughout
37 the county; or
38 (B) in accordance with IC 5-3-5 on the official web site of
39 the county.
40 The notice must identify the proceedings and state that the findings and
41 order of the board have been filed and are available for inspection in
42 the office of the county surveyor.
2022	IN 283—LS 6912/DI 87 106
1 (e) If judicial review of the findings and order of the board is not
2 requested under section 106 of this chapter within twenty (20) days
3 after the date of receipt of the announcement or after the date of
4 publication of the notice, the findings and order become conclusive.
5 (f) When the findings and order become conclusive, the board shall
6 certify the schedule of reassessments to the auditor of each county in
7 which there is land assessed by the reassessment, and the auditor and
8 the county treasurer shall promptly proceed upon any reassessment in
9 the manner prescribed for proceeding upon an originally certified
10 assessment.
11 SECTION 100. IC 36-10-4-5, AS AMENDED BY P.L.152-2021,
12 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 5. (a) In a second class city, the board may adopt
14 a resolution to extend the boundaries of the district to the county
15 boundaries unless the county has already established a park district
16 under IC 36-10-3. The board must file a certified copy of the resolution
17 with the county auditor and county treasurer. Notice of the adoption of
18 the resolution shall be given by publication once each week for two (2)
19 weeks in accordance with IC 5-3-1:
20 (1) with each publication of notice in a newspaper in accordance
21 with IC 5-3-1 in the county; or
22 (2) with the first publication of notice in a newspaper described
23 in subdivision (1) and the second publication of notice: (A) in
24 accordance with IC 5-3-5 and (B) on the official web site of the
25 county.
26 (b) Whenever the board has adopted a resolution under subsection
27 (a), remonstrances may be filed by the affected voters within ninety
28 (90) days after the last publication under subsection (a). Remonstrances
29 must be signed in ink by the voter in person and state the address of
30 each signer and that the signer is a registered voter. A person who signs
31 a remonstrance when the person is not a registered voter commits a
32 Level 6 felony. More than one (1) voter may sign the same
33 remonstrance.
34 (c) A vote on the public question shall be held if at least the number
35 of the registered voters of the county required under IC 3-8-6-3 to place
36 a candidate on the ballot file remonstrances under subsection (b) with
37 the county clerk protesting the extension of the district.
38 (d) The county clerk shall certify to the county election board in
39 accordance with IC 3-10-9-3 whether or not the required number of
40 registered voters of the county have filed remonstrances. If sufficient
41 remonstrances have been filed, the county election board shall publish
42 a notice of the election once a week for two (2) consecutive weeks in
2022	IN 283—LS 6912/DI 87 107
1 accordance with IC 5-3-1-4: IC 5-3-1:
2 (1) with each publication of notice in a newspaper in accordance
3 with IC 5-3-1 in the county; or
4 (2) with the first publication of notice in a newspaper described
5 in subdivision (1) and the second publication of notice: (A) in
6 accordance with IC 5-3-5 and (B) on the official web site of the
7 county.
8 The first publication of the notice must be at least thirty (30) days
9 before the date of the election. The question presented to the voters at
10 the election shall be placed on the ballot in the form prescribed by
11 IC 3-10-9-4 and must state "Shall the county park district be
12 established?". The election is governed by IC 3 whenever not in
13 conflict with this chapter. The county election board shall make a
14 return of the votes cast at the referendum.
15 (e) If a majority of the votes cast are against the extension of the
16 district, the district is not extended. If sufficient remonstrances are not
17 filed or if a majority of the votes cast support the extension of the
18 district, the district is extended.
19 (f) The extension of the district is effective on January 1 of the year
20 following the adoption of the resolution or, if an election is held, on
21 January 1 of the year following the date of the election.
22 (g) A municipality that becomes part of a district by reason of the
23 extension of the district under this section may continue to establish,
24 maintain, and operate parks and other recreational facilities under any
25 other law. The parks and other recreational facilities shall be operated
26 by the municipality separate from the parks and other recreational
27 facilities under the jurisdiction of the board in the same manner as they
28 would be operated by the municipality if it was not within the district.
29 (h) The operation of separate parks or recreational facilities by a
30 municipality does not affect the obligation of property owners within
31 the municipality to pay all taxes imposed on property within the
32 district.
33 (i) The legislative body of a municipality may elect that the separate
34 parks or other recreational facilities of the municipality be maintained
35 or operated as a part of the district by adopting a resolution or an
36 ordinance to that effect. The separate park or other recreational facility
37 comes under the jurisdiction of the board at the time specified in the
38 resolution or ordinance.
39 SECTION 101. IC 36-10-9-12, AS AMENDED BY
40 P.L.182-2009(ss), SECTION 458, IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) A capital
42 improvement may be financed in whole or in part by the issuance of
2022	IN 283—LS 6912/DI 87 108
1 bonds payable, to the extent stated in the resolution or trust agreement
2 providing for the issuance of the bonds, solely from one (1) or more of
3 the following sources:
4 (1) Net income received from the operation of the capital
5 improvement and not required to be deposited in the capital
6 improvement bond fund under section 11 of this chapter.
7 (2) Net income received from the operation of any other capital
8 improvement or improvements and not required to be deposited
9 in the capital improvement bond fund under section 11 of this
10 chapter.
11 (3) Money in the capital improvement bond fund available for
12 that purpose.
13 (4) Money in the capital improvement fund available for that
14 purpose.
15 (5) Any other funds made available for that purpose.
16 The resolution or trust agreement may pledge all or part of those
17 amounts to the repayment of the bonds and may secure the bonds by a
18 lien on the amounts pledged.
19 (b) If the board desires to finance a capital improvement in whole
20 or in part as provided in this section, it shall adopt a resolution
21 authorizing the issuance of revenue bonds. The resolution must state
22 the date or dates on which the principal of the bonds will mature (not
23 exceeding forty (40) years from the date of issuance), the maximum
24 interest rate to be paid, and the other terms upon which the bonds will
25 be issued.
26 (c) If the city-county legislative body approves issuance of bonds
27 under IC 36-3-6-9, the board shall submit the resolution to the
28 executive of the consolidated city, who shall review it. If the executive
29 approves the resolution, the board shall take all actions necessary to
30 issue bonds in accordance with the resolution. The board may, under
31 section 13 of this chapter, enter into a trust agreement with a trust
32 company as trustee for the bondholders. An action to contest the
33 validity of bonds to be issued under this section may not be brought
34 after the fifteenth day following:
35 (1) the receipt of bids for the bonds, if the bonds are sold at public
36 sale; or
37 (2) the publication one (1) time:
38 (A) in a newspaper of general circulation published in the
39 county; or
40 (B) in accordance with IC 5-3-5 on the official web site of
41 the county;
42 of notice of the execution and delivery of the contract of sale for
2022	IN 283—LS 6912/DI 87 109
1 the bonds;
2 whichever occurs first.
3 (d) Bonds issued under this section may be sold at public or private
4 sale for the price or prices that are provided in the resolution
5 authorizing the issuance of bonds. All bonds and interest are exempt
6 from taxation in Indiana as provided in IC 6-8-5.
7 (e) When issuing revenue bonds, the board may covenant with the
8 purchasers of the bonds that any funds in the capital improvement fund
9 may be used to pay the principal on, or interest of, the bonds that
10 cannot be paid from any other funds.
11 (f) The revenue bonds may be made redeemable before maturity at
12 the price or prices and under the terms that are determined by the board
13 in the authorizing resolution. The board shall determine the form of
14 bonds, including any interest coupons to be attached, and shall fix the
15 denomination or denominations of the bonds and the place or places of
16 payment of the principal and interest, which may be at any bank or trust
17 company within or outside Indiana. All bonds must have all the
18 qualities and incidents of negotiable instruments under statute.
19 Provision may be made for the registration of any of the bonds as to
20 principal alone or to both principal and interest.
21 (g) The revenue bonds shall be issued in the name of the county and
22 must recite on the face that the principal of and interest on the bonds
23 is payable solely from the amounts pledged to their payment. The
24 bonds shall be executed by the manual or facsimile signature of the
25 president of the board, and the seal of the county shall be affixed or
26 imprinted on the bonds. The seal shall be attested by the manual or
27 facsimile signature of the auditor of the county. However, one (1) of the
28 signatures must be manual, unless the bonds are authenticated by the
29 manual signature of an authorized officer or a trustee for the
30 bondholders. Any coupons attached must bear the facsimile signature
31 of the president of the board.
32 (h) This chapter constitutes full and complete authority for the
33 issuance of revenue bonds. No law, procedure, proceedings,
34 publications, notices, consents, approvals, orders, acts, or things by the
35 board or any other officer, department, agency, or instrumentality of the
36 state or any political subdivision is required to issue any revenue bonds
37 except as prescribed in this chapter.
38 (i) Revenue bonds issued under this section are legal investments
39 for private trust funds and the funds of banks, trust companies,
40 insurance companies, building and loan associations, credit unions,
41 banks of discount and deposit, savings banks, loan and trust and safe
42 deposit companies, rural loan and savings associations, guaranty loan
2022	IN 283—LS 6912/DI 87 110
1 and savings associations, mortgage guaranty companies, small loan
2 companies, industrial loan and investment companies, and other
3 financial institutions organized under statute.
4 SECTION 102. IC 36-10-9.1-23 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 23. Any action to
6 contest the validity of bonds to be issued under this chapter may not be
7 brought after the fifteenth day following:
8 (1) the receipt of bids for the bonds, if the bonds are sold at public
9 sale; or
10 (2) the publication one (1) time:
11 (A) in a newspaper of general circulation published in the
12 county; or
13 (B) in accordance with IC 5-3-5 on the official web site of
14 the county;
15 of notice of the execution and delivery of the contract for the sale
16 of bonds;
17 whichever occurs first.
18 SECTION 103. IC 36-10-10-13 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) When the
20 authority, the city executive, and a majority of the city legislative body
21 have agreed upon the terms and conditions of a lease, and before the
22 final execution of the lease, a notice shall be given by the city clerk by
23 publication of a public hearing to be held by the city legislative body
24 in the city. The hearing shall be held on a day at least ten (10) days
25 after the publication of notice. The notice of the hearing shall be
26 published one (1) time:
27 (1) in a newspaper of general circulation printed in the English
28 language and published in the city; or
29 (2) in accordance with IC 5-3-5 on the official web site of the
30 city.
31 (b) The notice must name the date, place, and time of the hearing
32 and must set forth a brief summary of the principal terms of the lease,
33 including the character and location of the property to be leased, the
34 lease rental to be paid, the number of years the contract is to be in
35 effect, and where the proposed lease, drawings, plans, specifications,
36 and estimates may be examined. The proposed lease and the drawings,
37 plans, specifications, and estimates of construction cost must be open
38 to inspection by the public during the ten (10) day period and at the
39 meeting.
40 (c) All interested persons are entitled to be heard at the hearing
41 concerning the necessity for the execution of the lease and whether the
42 lease rental is fair and reasonable. The hearing may be adjourned to a
2022	IN 283—LS 6912/DI 87 111
1 later date with the place to be set before adjournment. Following the
2 hearing the city legislative body and city executive may either
3 authorize the execution of the lease as originally agreed upon or may
4 make modifications that are agreed upon with the authority, the
5 legislative body, and city executive. The authorization must be done by
6 ordinance, which shall be entered in the official records of the
7 legislative body. The lease contract shall be executed on behalf of the
8 city by the executive and attested by the city clerk. It shall be executed
9 on behalf of the authority by the president or vice president and
10 secretary of the board.
11 SECTION 104. IC 36-10-10-14, AS AMENDED BY P.L.38-2021,
12 SECTION 107, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) If the execution of the lease
14 is authorized, notice of the execution shall be given on behalf of the
15 city by publication one (1) time:
16 (1) in a newspaper of general circulation printed in the English
17 language and published in the city; or
18 (2) in accordance with IC 5-3-5 on the official web site of the
19 city.
20 Fifty (50) or more taxpayers in the city whose tax rate will be affected
21 by the proposed lease and who may be of the opinion that no necessity
22 exists for the execution of the lease, or that the lease rental is not fair
23 and reasonable, may file a petition in the office of the city clerk within
24 fifteen (15) days after publication of notice of the execution of the
25 lease, setting forth their objections and the facts supporting those
26 objections.
27 (b) Upon the filing of a petition, the city clerk shall immediately
28 certify a copy, together with other data that is necessary in order to
29 present the questions involved, to the department of local government
30 finance. Upon receipt of a certified petition and information, the
31 department of local government finance shall set a time for the hearing
32 of the matter in the city where the petition originated. The hearing shall
33 be held at least five (5) but not more than fifteen (15) days after receipt
34 of the petition by the department of local government finance. The
35 department of local government finance may either hold the hearing in
36 the affected county or through electronic means. Notice of the hearing
37 shall be given by the department of local government finance to the city
38 executive and to the first ten (10) taxpayer petitioners on the petition
39 by certified mail sent to the addresses listed on the petition at least five
40 (5) days before the date of the hearing. After the hearing, the
41 department of local government finance shall promptly issue its
42 decision on the petition.
2022	IN 283—LS 6912/DI 87 112
1 SECTION 105. IC 36-10-11-22, AS AMENDED BY P.L.152-2021,
2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 22. (a) In lieu of authorizing and selling bonds as
4 provided in this section, the board may adopt a resolution authorizing
5 the negotiation of a loan or loans for the purpose of procuring the
6 required funds. The resolution must set out the total amount of the loan
7 desired and the approximate dates on which funds will be required and
8 the amounts of them. The resolution must also set out the terms,
9 conditions, and restrictions relative to the proposed loan or to the
10 submission of proposals that the board considers advisable. Before the
11 consideration of proposals for the making of a loan, a notice shall be
12 published once each week for two (2) weeks:
13 (1) with each publication in a newspaper published in the county
14 and a newspaper published in the city of Indianapolis; or
15 (2) with the first publication of notice in each newspaper
16 described in subdivision (1) and the second publication of notice:
17 (A) in accordance with IC 5-3-5 and (B) on the official web sites
18 of the county and the city of Indianapolis.
19 The notice must set out the amount and purpose of the proposed loan
20 and a brief summary of other provisions of the resolution, including the
21 time and place where proposals will be considered. The board may
22 accept the proposal that in its judgment is the most advantageous to the
23 authority.
24 (b) The total amount of loans negotiated by the authority under this
25 section, when added to the amount of bonds issued under section 21 of
26 this chapter, may not exceed three million dollars ($3,000,000).
27 SECTION 106. IC 36-11-9-5, AS AMENDED BY P.L.152-2021,
28 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 5. After introduction of the ordinance initially
30 fixing rates and charges but before the ordinance is finally adopted,
31 notice of the hearing setting forth the proposed schedule of the rates
32 and charges must be given by publication one (1) time each week for
33 two (2) weeks:
34 (1) with each publication of notice in a newspaper of general
35 circulation in the county; or
36 (2) with the first publication of notice in a newspaper described
37 in subdivision (1) and the second publication of notice: (A) in
38 accordance with IC 5-3-5 and (B) on the official web site of the
39 county.
40 The second publication must be at least seven (7) days before the date
41 fixed in the notice for the hearing. The hearing may be adjourned as
42 necessary.
2022	IN 283—LS 6912/DI 87 113
1 SECTION 107. IC 36-12-2-5, AS AMENDED BY P.L.42-2018,
2 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 5. (a) The legislative body of a municipality,
4 township, county, or part of a county, any of which is not already taxed
5 for public library purposes, that has:
6 (1) a population of at least ten thousand (10,000); or
7 (2) an assessed valuation that is at least as high as the median of
8 the most recent certified assessed valuation of the ten (10) library
9 taxing districts closest in population to ten thousand (10,000);
10 may establish a public library for the residents of the municipality,
11 township, county, or part of the county.
12 (b) The establishment of a public library may occur either by:
13 (1) the legislative body passing a written resolution; or
14 (2) the petition and remonstrance process;
15 as provided in this chapter. A petition filed with the legislative body
16 must be signed by at least twenty percent (20%) of the registered voters
17 of the municipality, township, county, or part of a county, as
18 determined by the last preceding general election.
19 (c) Not later than ten (10) days after a petition is filed under
20 subsection (b), the legislative body shall:
21 (1) give notice of the filing of the petition by publication:
22 (A) in two (2) newspapers of general circulation in the county,
23 one (1) of which is published in the municipality where the
24 library is to be located, if a newspaper is published in the
25 municipality; or
26 (B) in accordance with IC 5-3-5 on the official web site of
27 the appropriate municipality, township, or county; and
28 (2) file the original petition with the circuit court clerk.
29 (d) Not later than ten (10) days after the publication of the petition
30 under subsection (c), a registered voter in the municipality, township,
31 county, or part of a county where the public library is proposed to be
32 established may file with the respective municipality, township, or
33 county a remonstrance that:
34 (1) is signed by registered voters in the municipality, township,
35 county, or part of the county where the public library is proposed
36 to be established; and
37 (2) states that the registered voters who have signed the
38 remonstrance are opposed to the establishment of the public
39 library.
40 (e) The following apply to a petition that is filed under subsection
41 (b) or a remonstrance that is filed under subsection (d):
42 (1) The petition or remonstrance must show the following:
2022	IN 283—LS 6912/DI 87 114
1 (A) The date on which each individual signed the petition or
2 remonstrance.
3 (B) The residence of each individual on the date the individual
4 signed the petition or remonstrance.
5 (C) On each page of a petition on which signatures are affixed,
6 language substantially similar to the following: "PETITION IN
7 SUPPORT OF A PUBLIC LIBRARY IN (insert municipality,
8 township, county, or part of a county where the public library
9 is proposed to be established).".
10 (D) On each page of a remonstrance on which signatures are
11 affixed, language substantially similar to the following:
12 "REMONSTRANCE AGAINST A PUBLIC LIBRARY IN
13 (insert municipality, township, county, or part of a county
14 where the public library is proposed to be established).".
15 (2) The petition or remonstrance must include an affidavit of the
16 individual circulating the petition or remonstrance stating that
17 each signature on the petition or remonstrance:
18 (A) was affixed in the individual's presence; and
19 (B) is the true signature of the individual who signed the
20 petition or remonstrance.
21 (3) Several copies of the petition or remonstrance may be
22 executed. The total of the copies constitute a petition or
23 remonstrance. A copy must include an affidavit as described in
24 subdivision (2). A signer may file a petition or remonstrance, or
25 a copy of a petition or remonstrance. All copies constituting a
26 petition or remonstrance must be filed on the same day.
27 (4) Not later than fifteen (15) days after a petition or remonstrance
28 is filed, the clerk of the circuit court in the county where the
29 municipality, township, county, or part of a county where the
30 public library that is proposed to be established is located shall do
31 the following:
32 (A) If a name appears more than one (1) time on a petition or on
33 a remonstrance, the clerk shall strike any duplicates of the name
34 until the name appears only one (1) time on a petition or a
35 remonstrance, or both, if the individual signed both a petition
36 and a remonstrance.
37 (B) Strike the name from either the petition or the remonstrance
38 of an individual who:
39 (i) signed both the petition and the remonstrance; and
40 (ii) personally, in the clerk's office, submits a voluntary
41 written and signed request for the clerk to strike the
42 individual's name from the petition or the remonstrance.
2022	IN 283—LS 6912/DI 87 115
1 (C) Certify the number of signatures on the petition or
2 remonstrance that:
3 (i) are not duplicates; and
4 (ii) represent individuals who are registered voters in the
5 municipality, township, county, or part of a county where the
6 public library is proposed to be established, on the day the
7 individuals signed the petition or remonstrance.
8 (D) Establish a record of the clerk's certification in the clerk's
9 office and file:
10 (i) the original petition;
11 (ii) the original remonstrance, if any; and
12 (iii) a copy of the clerk's certification;
13 with the legislative body of the municipality, township, or
14 county.
15 The clerk of the circuit court may only strike an individual's name
16 from a petition or remonstrance as set forth in clauses (A) and
17 (B).
18 (f) Not later than forty (40) days after a petition or remonstrance is
19 certified by the clerk of the circuit court under subsection (e), the
20 legislative body shall compare the petition and remonstrance, if any. If:
21 (1) a remonstrance has not been filed; or
22 (2) a greater number of voters have signed the petition than have
23 signed the remonstrance against the establishment of the public
24 library;
25 the legislative body shall establish the public library by written
26 resolution. The library district boundaries must be coextensive with the
27 boundaries of the unit or part of a county, whichever is applicable.
28 (g) The establishment of the public library is effective as of the date
29 the written resolution is passed. The legislative body shall file a copy
30 of the resolution not later than five (5) days after the resolution is
31 passed:
32 (1) with the county recorder in the county where the
33 administrative office of the public library is located; and
34 (2) with the Indiana state library.
35 (h) The legislative body shall give notice to the officials who have
36 the power to appoint members of the library board for the new public
37 library under section 9 of this chapter. The officials shall appoint the
38 library board for the new public library under section 9 of this chapter
39 as soon as possible after the officials are notified.
40 (i) When the number of registered voters who have signed a
41 remonstrance against the establishment of the public library is equal to
42 or greater than the number who have signed the petition in favor of the
2022	IN 283—LS 6912/DI 87 116
1 establishment of the public library, the legislative body shall dismiss
2 the petition. Another petition to establish a public library may not be
3 initiated until one (1) year after the date the legislative body dismissed
4 the latest unsuccessful petition.
5 SECTION 108. IC 36-12-10-8, AS AMENDED BY P.L.42-2018,
6 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 8. (a) When the lessor corporation and the
8 municipal corporation or corporations have agreed upon the terms and
9 conditions of a lease proposed to be entered into under this chapter and
10 before the final execution of the lease, notice of a hearing shall be
11 given by publication to all interested persons. The hearing shall be held
12 before the governing authority, on a day not earlier than ten (10) days
13 after the publication of the notice.
14 (b) The notice of the hearing shall be published one (1) time:
15 (1) in a newspaper of general circulation in:
16 (A) the district of the municipal corporation; or
17 (B) in each municipal corporation district if the proposed lease
18 is a joint lease; or
19 (C) if a newspaper is not published in the district, the notice
20 shall be published in any newspaper of general circulation
21 published in the county; or
22 (2) in accordance with IC 5-3-5 on the official web site of:
23 (A) the municipal corporation; or
24 (B) each municipal corporation district if the proposed lease
25 is a joint lease.
26 (c) The notice must name the date, place, and time of the hearing
27 and set forth a brief summary of the principal terms of the lease agreed
28 upon, including:
29 (1) the location;
30 (2) the name of the proposed lessor corporation and character of
31 the property to be leased;
32 (3) the rental to be paid; and
33 (4) the number of years the contract is to be in effect.
34 (d) The proposed lease, drawings, plans, specifications, and
35 estimates for the library building or buildings must be available for
36 inspection by the public during the ten (10) day period under
37 subsection (a) and at the meeting. All interested persons are entitled to
38 be heard at the hearing regarding the necessity for the execution of the
39 lease, and whether the rental provided for in the lease to be paid to the
40 lessor corporation is a fair and reasonable rental for the proposed
41 building or buildings. The hearing may be adjourned to a later date or
42 dates, and following the hearing, the governing authority may either
2022	IN 283—LS 6912/DI 87 117
1 authorize the execution of the lease as originally agreed upon or may
2 make modifications that have been agreed upon by the lessor
3 corporation. The lease rentals as set out in the published notice may not
4 be increased. The cost of the publication of the notice shall be paid by
5 the lessor corporation.
6 SECTION 109. IC 36-12-10-9, AS AMENDED BY P.L.38-2021,
7 SECTION 111, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) If the execution of the lease
9 as originally agreed upon, or as modified by agreement, is authorized
10 by the library board, the library board shall give notice of the signing
11 of the lease by publication one (1) time:
12 (1) in a newspaper of general circulation printed in the English
13 language in:
14 (A) the district of the municipal corporation; or
15 (B) in each municipal corporation district if the proposed lease
16 is a joint lease; or
17 (C) if a newspaper is not published in the district, the notice
18 shall be published in any newspaper of general circulation
19 published in the county; or
20 (2) in accordance with IC 5-3-5 on the official web site of:
21 (A) the municipal corporation; or
22 (B) each municipal corporation district if the proposed lease
23 is a joint lease.
24 (b) Fifty (50) or more taxpayers in the municipal corporation or
25 corporations who will be affected by the proposed lease and who are of
26 the opinion that the execution of the lease is not necessary or that the
27 proposed rental is not a fair and reasonable rental may file a petition in
28 the office of the county auditor of the county in which the municipal
29 corporation or corporations are located. The petition must be filed not
30 later than thirty (30) days after the publication of notice of the
31 execution of the lease and must set forth objections and facts showing
32 that the execution of the lease is unnecessary or unwise or that the lease
33 rental is not fair and reasonable, as the case may be.
34 (c) Upon the filing of a petition, the county auditor shall
35 immediately certify to the department of local government finance a
36 copy of the petition, together with other data that may be necessary to
37 present the questions involved. Upon receipt of the certified petition
38 and information, the department of local government finance shall fix
39 a time and place for a hearing of the matter not less than five (5) or
40 more than thirty (30) days after the department's receipt of the petition
41 and information. The hearing shall be held in the municipal corporation
42 or corporations, in the county where the municipal corporation or
2022	IN 283—LS 6912/DI 87 118
1 corporations are located, or through electronic means.
2 (d) Notice of the hearing shall be given by the department of local
3 government finance to the members of the library board and to the first
4 ten (10) taxpayer petitioners on the petition by a letter signed by the
5 department of local government finance. The postage of the notice shall
6 be prepaid, and the notice shall be addressed to the persons at their
7 usual place of residence and mailed at least five (5) days before the
8 date of the hearing. The decision of the department of local government
9 finance on the appeal regarding the necessity for the execution of the
10 lease and whether the rental is fair and reasonable is final. A lease may
11 be amended by the parties by following the procedure under this
12 chapter.
13 (e) An action to contest the validity of the lease or an amendment to
14 the lease or to enjoin the performance of any of the terms and
15 conditions of the lease must be brought not later than thirty (30) days
16 after publication of notice of the execution of the lease or an
17 amendment to the lease by the library board of the municipal
18 corporation or corporations. If an appeal has been taken to the
19 department of local government finance, action must be brought not
20 later than thirty (30) days after the decision of the department.
2022	IN 283—LS 6912/DI 87