IN
Indiana Senate Bill SB0283

Indiana 2022 Regular Session

Indiana Senate Bill SB0283 Compare Versions

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1-*SB0283.1*
2-January 28, 2022
1+
2+Introduced Version
33 SENATE BILL No. 283
44 _____
5-DIGEST OF SB 283 (Updated January 27, 2022 11:12 am - DI 87)
6-Citations Affected: Noncode.
7-Synopsis: Interim study of public notice publication. Urges the
8-legislative council to assign to the interim study committee on
9-government the topic of the publication of public notices in print
10-publications and digital publications.
11-Effective: Upon passage.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 5-1; IC 5-3; IC 5-20-2-8; IC 6-1.1;
7+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;
8+IC 10-18; IC 13-21-5; IC 13-23-16-3; IC 13-26; IC 14-26-8; IC 14-27;
9+IC 14-28-4; IC 14-33; IC 14-34-6; IC 15-14-7-3; IC 16-22; IC 20-23;
10+IC 20-25-5-13; IC 20-47; IC 20-48-3; IC 23-13-5-8; IC 32-24;
11+IC 32-29-7-3; IC 34-55-6-9; IC 35-47-3-2; IC 36-1-12.5-5;
12+IC 36-1.5-4-7; IC 36-2; IC 36-7; IC 36-9-27; IC 36-10; IC 36-11-9-5;
13+IC 36-12.
14+Synopsis: Electronic publication of notices. Allows a political
15+subdivision or local public official to publish notices on the political
16+subdivision's official web site instead of in a newspaper. Allows the
17+department of natural resources to publish a notice regarding a bond
18+release for a surface coal mining and reclamation operation on the
19+official web site of a county where the operation is located instead of
20+in the newspaper. Resolves conflicts between two versions of a statute
21+passed in P.L.22-2021 and P.L.152-2021 by repealing both versions of
22+the statute and adding new statutes. Makes various stylistic changes.
23+Effective: July 1, 2022.
1224 Buck
1325 January 10, 2022, read first time and referred to Committee on Local Government.
14-January 27, 2022, amended, reported favorably — Do Pass.
15-SB 283—LS 6912/DI 87 January 28, 2022
26+2022 IN 283—LS 6912/DI 87 Introduced
1627 Second Regular Session of the 122nd General Assembly (2022)
1728 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1829 Constitution) is being amended, the text of the existing provision will appear in this style type,
1930 additions will appear in this style type, and deletions will appear in this style type.
2031 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2132 provision adopted), the text of the new provision will appear in this style type. Also, the
2233 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2334 a new provision to the Indiana Code or the Indiana Constitution.
2435 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2536 between statutes enacted by the 2021 Regular Session of the General Assembly.
2637 SENATE BILL No. 283
2738 A BILL FOR AN ACT to amend the Indiana Code concerning state
2839 and local administration.
2940 Be it enacted by the General Assembly of the State of Indiana:
30-1 SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this
31-2 SECTION, "committee" refers to the interim study committee on
32-3 government established by IC 2-5-1.3-4(11).
33-4 (b) The legislative council is urged to assign to the committee the
34-5 task of studying the topic of the publication of public notices in
35-6 print publications and digital publications.
36-7 (c) This SECTION expires January 1, 2023.
37-8 SECTION 2. An emergency is declared for this act.
38-SB 283—LS 6912/DI 87 2
39-COMMITTEE REPORT
40-Madam President: The Senate Committee on Local Government, to
41-which was referred Senate Bill No. 283, has had the same under
42-consideration and begs leave to report the same back to the Senate with
43-the recommendation that said bill be AMENDED as follows:
44-Delete everything after the enacting clause and insert the following:
45-(SEE TEXT OF BILL)
46-and when so amended that said bill do pass.
47-(Reference is to SB 283 as introduced.)
48-BUCK, Chairperson
49-Committee Vote: Yeas 8, Nays 0.
50-SB 283—LS 6912/DI 87
41+1 SECTION 1. IC 5-1-6-4 IS AMENDED TO READ AS FOLLOWS
42+2 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The refunding bonds shall be
43+3 authorized by ordinance or resolution of the governing body. Such The
44+4 ordinance or resolution may be adopted at a regular or special meeting,
45+5 and at the same meeting at which they are introduced in the manner
46+6 now provided by law.
47+7 (b) Whenever refunding bonds are to be authorized and issued under
48+8 this chapter for the purpose of refinancing and improving any
49+9 municipally owned public utility (other than a sewage treatment works
50+10 or a municipally owned public utility originally constructed pursuant
51+11 to IC 8-1-2) the issuing body desiring to issue such refunding bonds
52+12 shall file its petition in the office of the utility regulatory commission
53+13 setting forth the facts showing the necessity for refinancing and
54+14 improving such municipally owned utility and praying for the approval
55+15 thereof by said commission. The petitioner shall give notice of the
56+16 filing of such the petition and hearing thereon on the petition to the
57+17 citizens and taxpayers of said the issuing body by:
58+2022 IN 283—LS 6912/DI 87 2
59+1 (1) giving notice:
60+2 (A) by publication once each week for two (2) weeks prior to
61+3 such before the hearing:
62+4 (i) in a newspaper published in such the issuing body; or
63+5 (ii) in case if no newspaper is there published in the issuing
64+6 body, then in a newspaper published in the county in which
65+7 such the issuing body is situated, and located; or
66+8 (B) by posting the notice for fifteen (15) days in three (3)
67+9 public places in the issuing body, if there be no newspaper is
68+10 published in such the county notice shall be posted for fifteen
69+11 (15) days in three (3) public places therein. in which the
70+12 issuing body is located; or
71+13 (2) publication in accordance with IC 5-3-5 on the official web
72+14 site of the issuing body.
73+15 On the hearing of such petition, if it appears that a necessity exists for
74+16 the relief prayed for, the utility regulatory commission shall approve
75+17 the issuance of the refunding bonds, either as prayed for or with such
76+18 modifications or on such conditions as may be deemed just and proper.
77+19 Such approval shall contain a certification that the income and
78+20 revenues of said utility, in addition to providing for operation and
79+21 maintenance, and depreciation, are sufficient to pay the principal and
80+22 interest of said bonds, together with a margin of ten percent (10%) in
81+23 excess thereof. All such bonds so issued under the order of such
82+24 commission shall be incontestable except for fraud, forgery, or
83+25 violation of constitutional limitations. If on such hearing it shall appear
84+26 that such relief should not be granted, the utility regulatory commission
85+27 shall so declare and such bonds shall not be issued. However, in case
86+28 any petition for the approval of the issuance of such bonds has been
87+29 denied by the commission, the governing body affected by such denial
88+30 may within ten (10) days from the date of such denial, file a petition
89+31 with the commission praying for submission of the question of whether
90+32 such bonds shall be issued, to the legal voters of such issuing body
91+33 affected thereby. If such commission be satisfied that said last
92+34 mentioned petition is in due form, it shall grant the prayer thereof
93+35 within ten (10) days from the filing of such petition and order such
94+36 election at a time to be fixed in such order. The county auditor shall
95+37 give notice for such election and all proceedings for the holding of such
96+38 election shall be governed by the law regulating general elections in
97+39 such issuing body. The county auditor shall certify the result of such
98+40 election to the utility regulatory commission, and if such result be in
99+41 favor of the issuance of such bonds, said commission within ten (10)
100+42 days after the filing of such certificate of result shall enter an order
101+2022 IN 283—LS 6912/DI 87 3
102+1 approving the issuance of said bonds. All cost and expenses for the
103+2 holding of such election shall be paid by the issuing body proposing to
104+3 issue such bonds.
105+4 (c) Whenever refunding bonds are to be authorized and issued,
106+5 under this chapter, for the purpose of refinancing any enterprise, or for
107+6 the purpose of refinancing and improving any enterprise except those
108+7 mentioned in subsection (b), no proceedings or procedure of any
109+8 character whatever, other than the adoption of the ordinance or
110+9 resolution authorizing the issuance of such refunding bonds, shall be
111+10 required for the issuance of such refunding bonds by the issuing body.
112+11 (d) Notwithstanding subsection (b) or any other law, refunding
113+12 bonds may be issued under this chapter by an issuing body without
114+13 approval of the utility regulatory commission if the governing body of
115+14 the issuing body finds that the refunding will either provide a savings
116+15 to the issuing body or will not, by itself, result in a rate increase.
117+16 SECTION 2. IC 5-1-11-2, AS AMENDED BY P.L.125-2018,
118+17 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119+18 JULY 1, 2022]: Sec. 2. (a) Notice of sale of bonds sold at public sale
120+19 under section 1 of this chapter shall be published in accordance with
121+20 the provisions of this chapter and either IC 5-3-1 or subsection (b).
122+21 (b) If a political subdivision or body referred to in section 1 of this
123+22 chapter determines to sell bonds under this subsection, notice of intent
124+23 to sell such the bonds shall be published once each week for two (2)
125+24 weeks by publication in accordance with IC 5-3-1-4:
126+25 (1) and in a newspaper of general circulation published in the
127+26 state capital; or
128+27 (2) in the case of a political subdivision, in accordance with
129+28 IC 5-3-5 on the official web site of the political subdivision.
130+29 (c) The notice must state that any person interested in submitting a
131+30 bid for the bonds may furnish in writing to the official of the political
132+31 subdivision or body responsible for their sale, at the address set forth
133+32 in the notice, the person's name, address, and telephone number. The
134+33 person may also furnish a telex number. The notice of intent to sell
135+34 bonds must state:
136+35 (1) the amount of the bonds to be offered;
137+36 (2) the denominations;
138+37 (3) the dates of maturity;
139+38 (4) the maximum rate or rates of interest;
140+39 (5) the place of sale; and
141+40 (6) the time within which the name, address, and telephone
142+41 number must be furnished, which must not be less than seven (7)
143+42 days after the last publication of the notice of intent to sell.
144+2022 IN 283—LS 6912/DI 87 4
145+1 The official of the political subdivision or body responsible for the
146+2 bond sale shall notify each person so registered of the date and time
147+3 bids will be received not less than twenty-four (24) hours before the
148+4 date and time of sale. The notification shall be made by telephone at
149+5 the number furnished by the person, and also by telex if the person
150+6 furnishes a telex number. Bids may not be received more than ninety
151+7 (90) days after the first publication of the notice of intent to sell.
152+8 (c) (d) This chapter does not prevent the sale of bonds under the
153+9 provisions of any statute inconsistent with this chapter so long as the
154+10 procedures required for the sale in that statute are complied with, but
155+11 if notice of that sale must be published, the notice shall be published in
156+12 accordance with IC 5-3-1 or IC 5-3-5, as applicable.
157+13 SECTION 3. IC 5-3-1-2, AS AMENDED BY P.L.152-2021,
158+14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
159+15 JULY 1, 2022]: Sec. 2. (a) This section applies only when notice of an
160+16 event is required to be given by publication in accordance with this
161+17 chapter.
162+18 (b) If the event is a public hearing or meeting concerning any matter
163+19 not specifically mentioned in subsection (c), (d), (e), (f), (g), (h), or (i),
164+20 notice shall be published one (1) time, at least ten (10) days before the
165+21 date of the hearing or meeting.
166+22 (c) If the event is an election, notice shall be published one (1) time,
167+23 not later than twenty-one (21) days before election day.
168+24 (d) If the event is a sale of bonds, notes, or warrants, notice shall be
169+25 published two (2) times, at least one (1) week apart with:
170+26 (1) the first publication made at least fifteen (15) days before the
171+27 date of the sale; and
172+28 (2) the second publication made at least three (3) days before the
173+29 date of the sale.
174+30 (e) If the event is the receiving of bids, notice shall be published two
175+31 (2) times, at least one (1) week apart, with the second publication made
176+32 at least seven (7) days before the date the bids will be received.
177+33 (f) If the event is the establishment of a cumulative or sinking fund,
178+34 notice of the proposal and of the public hearing that is required to be
179+35 held by the political subdivision shall be published two (2) times, at
180+36 least one (1) week apart, with the second publication made at least
181+37 three (3) days before the date of the hearing.
182+38 (g) If the event is the submission of a proposal adopted by a political
183+39 subdivision for a cumulative or sinking fund for the approval of the
184+40 department of local government finance, the notice of the submission
185+41 shall be published one (1) time. The political subdivision shall publish
186+42 the notice when directed to do so by the department of local
187+2022 IN 283—LS 6912/DI 87 5
188+1 government finance.
189+2 (h) If the event is the required publication of an ordinance, notice of
190+3 the passage of the ordinance shall be published one (1) time within
191+4 thirty (30) days after the passage of the ordinance.
192+5 (i) If the event is one about which notice is required to be published
193+6 after the event, notice shall be published one (1) time within thirty (30)
194+7 days after the date of the event.
195+8 (j) If any officer charged with the duty of publishing any notice
196+9 required by law is unable to procure publication of notice:
197+10 (1) at the price fixed by law;
198+11 (2) because all newspapers or locality newspapers that are
199+12 qualified to publish the notice refuse to publish the notice; or
200+13 (3) because the newspapers or locality newspapers referred to in
201+14 subdivision (2) refuse to post the notice on the newspapers' or
202+15 locality newspapers' Internet web sites (if required under section
203+16 1.5 of this chapter);
204+17 it is sufficient for the officer to post printed notices in three (3)
205+18 prominent places in the political subdivision, instead of publication of
206+19 the notice in newspapers or locality newspapers and on an Internet web
207+20 site (if required under section 1.5 of this chapter).
208+21 (k) This subsection applies if an officer described in subsection (j)
209+22 or the officer's designee submits a notice to a newspaper or locality
210+23 newspaper in a timely manner and the newspaper or locality newspaper
211+24 does not refuse to publish the notice but subsequently fails to publish
212+25 the notice. If, within the same period required for publishing notice
213+26 under this section, the officer or officer's designee posts:
214+27 (1) printed notices in three (3) prominent places in the political
215+28 subdivision; or
216+29 (2) notice on the political subdivision's Internet web site in a
217+30 location where the notice is easily accessible and identifiable;
218+31 the notice is sufficient, and publication of the notice in newspapers or
219+32 locality newspapers and on the newspapers' Internet web sites (if
220+33 required under section 1.5 of this chapter) is not required.
221+34 (l) Notwithstanding any other provision of this chapter, a
222+35 political subdivision that is required under this chapter to publish
223+36 notice in a newspaper two (2) or more times may make: (1) the first
224+37 publication of publish notice:
225+38 (1) in a newspaper as required under section 4 of this chapter or
226+39 the applicable statute; and or
227+40 (2) all subsequent publications of notice: (A) in accordance with
228+41 IC 5-3-5 and (B) on the official web site of the political
229+42 subdivision, if the political subdivision maintains an official
230+2022 IN 283—LS 6912/DI 87 6
231+1 web site. If a political subdivision is required to publish a notice
232+2 two (2) or more times in at least two (2) newspapers
233+3 contemporaneously, the first publication of the notice includes the
234+4 first publication of the notice in both newspapers.
235+5 SECTION 4. IC 5-3-5-4, AS ADDED BY P.L.152-2021, SECTION
236+6 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
237+7 2022]: Sec. 4. (a) A political subdivision that is required by statute to
238+8 publish notice in a newspaper two (2) or more times may make: (1) the
239+9 first publication of a publish notice:
240+10 (1) in a newspaper or newspapers as required under IC 5-3-1-4 or
241+11 the applicable statute; and or
242+12 (2) if the political subdivision maintains an official web site, all
243+13 subsequent publications of the notice only on the official web site
244+14 of the political subdivision.
245+15 (b) If a political subdivision is required to publish a notice two (2)
246+16 or more times in at least two (2) newspapers more or less
247+17 contemporaneously, the first publication of the notice includes the first
248+18 publication of the notice in both newspapers.
249+19 SECTION 5. IC 5-3-5-5, AS ADDED BY P.L.152-2021, SECTION
250+20 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
251+21 2022]: Sec. 5. (a) As used in this section, "last publication date"
252+22 means the following:
253+23 (1) If the applicable statute requires a notice to be published
254+24 one (1) time, the date that the notice is published in
255+25 accordance with the statute.
256+26 (2) If the applicable statute requires a notice to be published
257+27 on two (2) or more consecutive or nonconsecutive days, the
258+28 latest date that the notice is published in accordance with the
259+29 statute.
260+30 (b) The notice must:
261+31 (1) be in a location on the official web site where the notice is
262+32 easily accessible and identifiable; and
263+33 (2) remain on the official web site not less than seven (7) days
264+34 after the last posting publication date required by law. has
265+35 expired.
266+36 (c) The home page of the official web site must prominently
267+37 display a link that provides accessibility to the location of notices
268+38 on the official web site.
269+39 (d) One (1) day before the first day of publication of any notice
270+40 on the official web site, the political subdivision shall publish a
271+41 notice in the newspaper or newspapers required under IC 5-3-1-4,
272+42 or the appropriate statute, that provides the following information:
273+2022 IN 283—LS 6912/DI 87 7
274+1 (1) A statement providing:
275+2 (A) that the political subdivision publishes notices on the
276+3 political subdivision's official web site; and
277+4 (B) a link displayed on the home page of the political
278+5 subdivision's official web site that provides access to the
279+6 notices on the web site.
280+7 (2) The web address for the home page of the political
281+8 subdivision's official web site.
282+9 SECTION 6. IC 5-20-2-8, AS AMENDED BY P.L.136-2018,
283+10 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
284+11 JULY 1, 2022]: Sec. 8. (a) Bonds shall not be issued under this chapter
285+12 unless these bonds are rated "A" or better by one (1) of the nationally
286+13 recognized rating agencies or unless these bonds are sold in a
287+14 transaction not involving any public offering within the meaning of
288+15 Section 4(2) of the federal Securities Act of 1933, as amended, and
289+16 rules and regulations adopted under the federal Securities Act of 1933,
290+17 as amended.
291+18 (b) The exercise of any or all powers or the issue of bonds under this
292+19 chapter shall be authorized by ordinance of the governing body.
293+20 Notwithstanding any law to the contrary, this ordinance may be
294+21 adopted at the same meeting at which it is introduced and it shall take
295+22 effect immediately upon adoption. Any ordinance authorizing bonds
296+23 shall be adopted only after the governing body has held a public
297+24 hearing on the proposed financing after giving not less than five (5)
298+25 days notice by publication:
299+26 (1) in at least one (1) newspaper of general circulation in the
300+27 county or municipality; or
301+28 (2) in accordance with IC 5-3-5 on the official web site of the
302+29 county or municipality.
303+30 This ordinance shall also set forth a legislative finding and declaration
304+31 of the public purpose of the bond issue and that the ordinance is being
305+32 enacted pursuant to the powers granted by this chapter. No action to
306+33 contest the validity of any bonds may commence more than thirty (30)
307+34 days following the adoption of the ordinance approving the bonds.
308+35 However, if authorized by ordinance, any officer of the county or
309+36 municipality may bring an action under IC 34-13-5 or file a petition
310+37 under IC 36-4-4-5 within this thirty (30) day period to determine the
311+38 validity of any bonds or any agreements in connection with them. In
312+39 this proceeding, no bond need be filed by the petitioner or plaintiff
313+40 unless requested by the county or municipality, and any judgment shall
314+41 be final unless appealed within thirty (30) days after entry of the
315+42 judgment.
316+2022 IN 283—LS 6912/DI 87 8
317+1 (c) The bonds shall bear interest at the rate or rates, may be payable
318+2 at the times, may be in one (1) or more series, may bear the date or
319+3 dates, may mature at the time or times not exceeding forty (40) years
320+4 from their respective dates, may be payable in the medium of payment
321+5 at the place or places, may carry the registration privileges, may be
322+6 subject to the terms of redemption at the premiums, may be executed
323+7 in the manner, may contain the terms, covenants, and conditions, may
324+8 be in the form either coupon or registered, and may bear the name that
325+9 the ordinance or trust indenture securing the bonds provides. The
326+10 bonds may be sold at public or private sale in a manner and upon the
327+11 terms provided in the ordinance. Pending the preparation of definitive
328+12 bonds, interim receipts, or certificates in the form and with the
329+13 provisions as provided in the ordinance may be issued to the purchaser
330+14 of bonds sold pursuant to this chapter.
331+15 (d) The bonds and interim receipts or certificates are negotiable
332+16 instruments under the laws of this state. Bonds and receipts and the
333+17 authorization, issuance, sale, and delivery thereof are not subject to any
334+18 general law concerning bonds of municipalities.
335+19 SECTION 7. IC 6-1.1-4-18.5, AS AMENDED BY P.L.257-2019,
336+20 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
337+21 JULY 1, 2022]: Sec. 18.5. (a) A county assessor may not use the
338+22 services of a professional appraiser for assessment or reassessment
339+23 purposes without a written contract. The contract used must be either
340+24 a standard contract developed by the department of local government
341+25 finance or a contract that has been specifically approved by the
342+26 department. The department shall ensure that the contract:
343+27 (1) includes all of the provisions required under section 19.5(b)
344+28 of this chapter; and
345+29 (2) adequately provides for the creation and transmission of real
346+30 property assessment data in the form required by the legislative
347+31 services agency and the division of data analysis of the
348+32 department.
349+33 (b) No contract shall be made with any professional appraiser to act
350+34 as technical advisor in the assessment of property, before the giving of
351+35 notice and the receiving of bids from anyone desiring to furnish this
352+36 service. Notice of the time and place for receiving bids for the contract
353+37 shall be given by publication:
354+38 (1) by one (1) insertion of the notice in:
355+39 (A) two (2) newspapers of general circulation published in the
356+40 county and representing each of the two (2) leading political
357+41 parties in the county; or
358+42 (B) if only one (1) newspaper is there published in the county,
359+2022 IN 283—LS 6912/DI 87 9
360+1 notice in that one (1) newspaper is sufficient to comply with
361+2 the requirements of this subsection; or
362+3 (2) in accordance with IC 5-3-5 on the official web site of the
363+4 county.
364+5 The contract shall be awarded to the lowest and best bidder who meets
365+6 all requirements under law for entering a contract to serve as technical
366+7 advisor in the assessment of property. However, any and all bids may
367+8 be rejected, and new bids may be asked.
368+9 (c) The county council of each county shall appropriate the funds
369+10 needed to meet the obligations created by a professional appraisal
370+11 services contract which is entered into under this chapter.
371+12 (d) A county assessor who enters into a contract with a professional
372+13 appraiser shall submit a contract to the department through the Indiana
373+14 transparency Internet web site in the manner prescribed by the
374+15 department. The county shall upload the contract not later than thirty
375+16 (30) days after execution of the contract.
376+17 (e) The department may review any contracts uploaded under
377+18 subsection (d) to ensure compliance with section 19.5 of this chapter.
378+19 SECTION 8. IC 6-1.1-13-7, AS AMENDED BY P.L.112-2012,
379+20 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
380+21 JULY 1, 2022]: Sec. 7. If a county assessor proposes to change
381+22 assessments under section 6 of this chapter, the property tax assessment
382+23 board of appeals shall hold a hearing on the proposed changes before
383+24 July 15 in the year in which the reassessment is to commence. It is
384+25 sufficient notice of the hearing and of any changes in assessments
385+26 ordered by the board subsequent to the hearing if the board gives notice
386+27 by publication once: either in:
387+28 (1) by publication in:
388+29 (A) two (2) newspapers which that represent different
389+30 political parties and which that are published in the county; or
390+31 (2) (B) one (1) newspaper only, if two (2) newspapers which
391+32 that represent different political parties are not published in
392+33 the county; or
393+34 (2) in accordance with IC 5-3-5 by publication on the official
394+35 web site of the county.
395+36 SECTION 9. IC 6-1.1-22-4, AS AMENDED BY P.L.194-2015,
396+37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
397+38 JULY 1, 2022]: Sec. 4. (a) Immediately upon the receipt of the tax
398+39 duplicate, the county auditor shall give notice of the rate of tax per one
399+40 hundred dollars ($100) of assessed valuation to be collected in the
400+41 county for each purpose and the total of the rates in each taxing district.
401+42 This notice shall be published in the form prescribed by the department
402+2022 IN 283—LS 6912/DI 87 10
403+1 of local government finance three (3) times with each publication one
404+2 (1) week apart.
405+3 (b) The notice required by this section shall be printed by:
406+4 (1) publication in:
407+5 (A) two (2) newspapers which that represent different
408+6 political parties and which that are published in the county; or
409+7 (B) However, if two (2) newspapers which that represent
410+8 different political parties are not published in the county,
411+9 publication of the notice shall be printed in one (1)
412+10 newspaper; or
413+11 (2) publication in accordance with IC 5-3-5 on the official web
414+12 site of the county.
415+13 SECTION 10. IC 6-1.1-25-4.1, AS AMENDED BY P.L.248-2015,
416+14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
417+15 JULY 1, 2022]: Sec. 4.1. (a) If, as provided in section 4(i) of this
418+16 chapter, the county auditor does not issue a deed to the county for
419+17 property for which a certificate of sale has been issued to the county
420+18 under IC 6-1.1-24-9 because the county executive determines that the
421+19 property contains hazardous waste or another environmental hazard for
422+20 which the cost of abatement or alleviation will exceed the fair market
423+21 value of the property, the property may be transferred consistent with
424+22 this section.
425+23 (b) A person who desires to obtain title to and eliminate the
426+24 hazardous conditions of property containing hazardous waste or
427+25 another environmental hazard for which a county holds a certificate of
428+26 sale but to which a deed may not be issued to the county under section
429+27 4(i) of this chapter may file a petition with the county auditor seeking
430+28 a waiver of the delinquent taxes, special assessments, interest,
431+29 penalties, and costs assessed against the property and transfer of the
432+30 title to the property to the petitioner. The petition must:
433+31 (1) be on a form prescribed by the state board of accounts and
434+32 approved by the department of local government finance;
435+33 (2) state the amount of taxes, special assessments, penalties, and
436+34 costs assessed against the property for which a waiver is sought;
437+35 (3) describe the conditions existing on the property that have
438+36 prevented the sale or the transfer of title to the county;
439+37 (4) describe the plan of the petitioner for elimination of the
440+38 hazardous condition on the property under IC 13-25-5 and the
441+39 intended use of the property; and
442+40 (5) be accompanied by a fee established by the county auditor for
443+41 completion of a title search and processing.
444+42 (c) Upon receipt of a petition described in subsection (b), the county
445+2022 IN 283—LS 6912/DI 87 11
446+1 auditor shall review the petition to determine whether the petition is
447+2 complete. If the petition is not complete, the county auditor shall return
448+3 the petition to the petitioner and describe the defects in the petition.
449+4 The petitioner may correct the defects and file the completed petition
450+5 with the county auditor. Upon receipt of a completed petition, the
451+6 county auditor shall forward a copy of the petition to:
452+7 (1) the assessor of the township in which the property is located,
453+8 or the county assessor if there is no township assessor for the
454+9 township;
455+10 (2) the owner;
456+11 (3) all persons who have, as of the date of the filing of the
457+12 petition, a substantial interest of public record in the property;
458+13 (4) the county property tax assessment board of appeals; and
459+14 (5) the department of local government finance.
460+15 (d) Upon receipt of a petition described in subsection (b), the county
461+16 property tax assessment board of appeals shall, at the county property
462+17 tax assessment board of appeals' earliest opportunity, conduct a public
463+18 hearing on the petition. The county property tax assessment board of
464+19 appeals shall by mail, give notice of the date, time, and place fixed for
465+20 the hearing: to:
466+21 (1) by mail to:
467+22 (1) (A) the petitioner;
468+23 (2) (B) the owner;
469+24 (3) (C) all persons who have, as of the date the petition was
470+25 filed, a substantial interest of public record in the property;
471+26 and
472+27 (4) (D) the assessor of the township in which the property is
473+28 located, or the county assessor if there is no township assessor
474+29 for the township;
475+30 (2) In addition, notice of the public hearing on the petition shall
476+31 be published by publication one (1) time at least ten (10) days
477+32 before the hearing:
478+33 (A) in a newspaper of general circulation in the county in
479+34 which the property is located; or
480+35 (B) in accordance with IC 5-3-5 on the official web site of
481+36 the county; and
482+37 (3) posted:
483+38 (A) at the principal office of the county property tax
484+39 assessment board of appeals; or
485+40 (B) at the building where the meeting is to be held.
486+41 (e) After the hearing and completion of any additional investigation
487+42 of the property or of the petitioner that is considered necessary by the
488+2022 IN 283—LS 6912/DI 87 12
489+1 county property tax assessment board of appeals, the county board shall
490+2 give notice, by mail, to the parties listed in subsection (d) of the county
491+3 property tax assessment board of appeals' recommendation as to
492+4 whether the petition should be granted. The county property tax
493+5 assessment board of appeals shall forward to the department of local
494+6 government finance a copy of the county property tax assessment board
495+7 of appeals' recommendation and a copy of the documents submitted to
496+8 or collected by the county property tax assessment board of appeals at
497+9 the public hearing or during the course of the county board of appeals'
498+10 investigation of the petition.
499+11 (f) Upon receipt by the department of local government finance of
500+12 a recommendation by the county property tax assessment board of
501+13 appeals, the department of local government finance shall review the
502+14 petition and all other materials submitted by the county property tax
503+15 assessment board of appeals and determine whether to grant the
504+16 petition. Notice of the determination by the department of local
505+17 government finance and the right to seek an appeal of the
506+18 determination shall be given by mail to:
507+19 (1) the petitioner;
508+20 (2) the owner;
509+21 (3) all persons who have, as of the date the petition was filed, a
510+22 substantial interest of public record in the property;
511+23 (4) the assessor of the township in which the property is located,
512+24 or the county assessor if there is no township assessor for the
513+25 township; and
514+26 (5) the county property tax assessment board of appeals.
515+27 (g) Any person aggrieved by a determination of the department of
516+28 local government finance under subsection (f) may file an appeal
517+29 seeking additional review by the department of local government
518+30 finance and a public hearing. In order to obtain a review under this
519+31 subsection, the aggrieved person must file a petition for appeal with the
520+32 county auditor in the county where the tract or item of real property is
521+33 located not more than thirty (30) days after issuance of notice of the
522+34 determination of the department of local government finance. The
523+35 county auditor shall transmit the petition for appeal to the department
524+36 of local government finance not more than ten (10) days after the
525+37 petition is filed.
526+38 (h) Upon receipt by the department of local government finance of
527+39 an appeal, the department of local government finance shall set a date,
528+40 time, and place for a hearing. The department of local government
529+41 finance shall give notice, by mail, of the date, time, and place fixed for
530+42 the hearing to:
531+2022 IN 283—LS 6912/DI 87 13
532+1 (1) the person filing the appeal;
533+2 (2) the petitioner;
534+3 (3) the owner;
535+4 (4) all persons who have, as of the date the petition was filed, a
536+5 substantial interest of public record in the property;
537+6 (5) the assessor of the township in which the property is located,
538+7 or the county assessor if there is no township assessor for the
539+8 township; and
540+9 (6) the county property tax assessment board of appeals.
541+10 The department of local government finance shall give the notices at
542+11 least ten (10) days before the day fixed for the hearing.
543+12 (i) After the hearing, the department of local government finance
544+13 shall give the parties listed in subsection (h) notice by mail of the final
545+14 determination of the department of local government finance.
546+15 (j) If the department of local government finance decides to:
547+16 (1) grant the petition submitted under subsection (b) after initial
548+17 review of the petition under subsection (f) or after an appeal
549+18 under subsection (h); and
550+19 (2) waive the taxes, special assessments, interest, penalties, and
551+20 costs assessed against the property;
552+21 the department of local government finance shall issue to the county
553+22 auditor an order directing the removal from the tax duplicate of the
554+23 taxes, special assessments, interest, penalties, and costs for which the
555+24 waiver is granted.
556+25 (k) After:
557+26 (1) at least thirty (30) days have passed since the issuance of a
558+27 notice by the department of local government finance to the
559+28 county property tax assessment board of appeals granting a
560+29 petition filed under subsection (b), if no appeal has been filed; or
561+30 (2) not more than thirty (30) days after receipt by the county
562+31 property tax assessment board of appeals of a notice of a final
563+32 determination of the department of local government finance
564+33 granting a petition filed under subsection (b) after an appeal has
565+34 been filed and heard under subsection (h);
566+35 the county auditor shall file a verified petition and an application for an
567+36 order on the petition in the court in which the judgment of sale was
568+37 entered asking the court to direct the county auditor to issue a tax deed
569+38 to the real property. The petition shall contain the certificate of sale
570+39 issued to the county, a copy of the petition filed under subsection (b),
571+40 and a copy of the notice of the final determination of the department of
572+41 local government finance directing the county auditor to remove the
573+42 taxes, interest, penalties, and costs from the tax duplicate. Notice of the
574+2022 IN 283—LS 6912/DI 87 14
575+1 filing of the petition and application for an order on the petition shall
576+2 be given, by mail, to the owner and any person with a substantial
577+3 interest of public record in the property. A person owning or having an
578+4 interest in the property may appear to object to the petition.
579+5 (l) The court shall enter an order directing the county auditor to
580+6 issue a tax deed to the petitioner under subsection (b) if the court finds
581+7 that the following conditions exist:
582+8 (1) The time for redemption has expired.
583+9 (2) The property has not been redeemed before the expiration of
584+10 the period of redemption specified in section 4 of this chapter.
585+11 (3) All taxes, special assessments, interest, penalties, and costs
586+12 have been waived by the department of local government finance
587+13 or, to the extent not waived, paid by the petitioner under
588+14 subsection (b).
589+15 (4) All notices required by this section and sections 4.5 and 4.6 of
590+16 this chapter have been given.
591+17 (5) The petitioner under subsection (b) has complied with all the
592+18 provisions of law entitling the petitioner to a tax deed.
593+19 (m) A tax deed issued under this section is uncontestable except by
594+20 appeal from the order of the court directing the county auditor to issue
595+21 the tax deed. The appeal must be filed not later than sixty (60) days
596+22 after the date of the court's order.
597+23 SECTION 11. IC 6-1.1-28-6, AS AMENDED BY P.L.207-2016,
598+24 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
599+25 JULY 1, 2022]: Sec. 6. This section applies to a county property tax
600+26 assessment board of appeals established under section 1 of this chapter.
601+27 The county assessor shall give notice of the time, place, and purpose of
602+28 each annual session of the county property tax assessment board. The
603+29 county assessor shall give the notice by publication two (2) weeks
604+30 before the first meeting of the board by:
605+31 (1) the publication: publishing the notice:
606+32 (A) in:
607+33 (i) two (2) newspapers of general circulation which that are
608+34 published in the county; or
609+35 (B) in (ii) if two (2) newspapers of general circulation are
610+36 not published in the county, one (1) newspaper of general
611+37 circulation that is published in the county; if the
612+38 requirements of clause (A) cannot be satisfied; and or
613+39 (B) in accordance with IC 5-3-5 on the official web site of
614+40 the county; and
615+41 (2) the posting of the notice on the county assessor's Internet web
616+42 site.
617+2022 IN 283—LS 6912/DI 87 15
618+1 SECTION 12. IC 6-1.1-48-14, AS ADDED BY P.L.188-2021,
619+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
620+3 JULY 1, 2022]: Sec. 14. (a) Before a designating body can designate
621+4 an area as an urban agricultural zone, the designating body must set a
622+5 date and time for a public hearing on the application of a qualifying
623+6 farmer to have an area designated as an urban agricultural zone.
624+7 (b) At least thirty (30) days before a hearing held under this section,
625+8 The designating body shall publish notice of the hearing that states the
626+9 time, location, date, and purpose of the public hearing. The
627+10 designating body shall publish the notice at least thirty (30) days
628+11 before the hearing:
629+12 (1) in a newspaper of general circulation in the municipality
630+13 containing the land that a qualifying farmer proposes be
631+14 designated as an urban agricultural zone; or The notice shall state
632+15 the time, location, date, and purpose of the hearing.
633+16 (2) in accordance with IC 5-3-5 on the official web site of the
634+17 designating body.
635+18 (c) A designating body may continue a hearing under this section to
636+19 another date.
637+20 SECTION 13. IC 6-1.1-48-15, AS ADDED BY P.L.188-2021,
638+21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
639+22 JULY 1, 2022]: Sec. 15. (a) At a public hearing held under section 14
640+23 of this chapter, a designating body shall allow any interested individual
641+24 or representative to speak on any issues related to the designation of the
642+25 urban agricultural zone. A designating body holding a public hearing
643+26 shall also allow the filing of written comment or objection, which the
644+27 designating body must consider before approving or disapproving a
645+28 qualifying farmer's application.
646+29 (b) After considering the evidence, a designating body shall take
647+30 final action determining whether to:
648+31 (1) approve a qualifying farmer's application; and
649+32 (2) designate an area as an urban agricultural zone.
650+33 As a condition of approval, the designating body may impose
651+34 reasonable requirements upon the qualifying farmer.
652+35 (c) A designating body shall publish notice of its the designating
653+36 body's final decision:
654+37 (1) in a newspaper of general circulation in the municipality
655+38 containing the land that will be designated as an urban
656+39 agricultural zone; or
657+40 (2) in accordance with IC 5-3-5 on the official web site of the
658+41 designating body.
659+42 (d) As part of the approval of an application under this section, a
660+2022 IN 283—LS 6912/DI 87 16
661+1 designating body shall adopt an ordinance or resolution to designate an
662+2 area as an urban agricultural zone.
663+3 (e) A designating body shall monitor an urban agricultural zone
664+4 established under this chapter. If a designating body finds that a
665+5 qualifying farmer or an urban agricultural zone is not in compliance
666+6 with the requirements of this chapter or as reasonably imposed in the
667+7 ordinance or resolution adopted by the designating body, the
668+8 designating body may dissolve the urban agricultural zone by
669+9 ordinance or resolution. The designating body may not dissolve an
670+10 urban agricultural zone without first issuing notice to the qualifying
671+11 farmer and holding a hearing to provide the qualifying farmer an
672+12 opportunity to be heard. Notice and a hearing under this subsection
673+13 must comply with IC 4-21.5.
674+14 SECTION 14. IC 6-9-3-3.5, AS AMENDED BY P.L.152-2021,
675+15 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
676+16 JULY 1, 2022]: Sec. 3.5. (a) Before January 1 of each year, the board
677+17 of managers shall annually publish a financial report summarizing the
678+18 income and expenses of the board of managers for the previous twelve
679+19 (12) months.
680+20 (b) The report required by subsection (a) must be published two (2)
681+21 times, one (1) week apart:
682+22 (1) with each publication of the report in a daily or weekly
683+23 newspaper published in the English language and of general
684+24 circulation in both Clark County and Floyd County; or
685+25 (2) with the first publication of the report in a newspaper
686+26 described in subdivision (1) and the second publication of the
687+27 report: (A) in accordance with IC 5-3-5 and (B) on the board's
688+28 official web site.
689+29 (c) Before January 1 of each year, the board of managers shall
690+30 prepare a written report generally summarizing the board's activities for
691+31 the previous twelve (12) months. The report shall be made available on
692+32 an Internet web site maintained by the board of managers.
693+33 SECTION 15. IC 8-2-17-2, AS AMENDED BY P.L.152-2021,
694+34 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
695+35 JULY 1, 2022]: Sec. 2. The legislative body shall not grant a license to
696+36 the applicant until satisfactory evidence is produced showing that:
697+37 (1) the application has been on file in the office of the city or town
698+38 clerk for not less than fourteen (14) days; and that
699+39 (2) notice of the filing of the application has been posted for at
700+40 least two (2) weeks at the door of the city hall of any city or at
701+41 some public place in any town; and
702+42 (3) notice has been published given once each week for two (2)
703+2022 IN 283—LS 6912/DI 87 17
704+1 consecutive weeks: (1) with each publication of the notice made
705+2 (A) by:
706+3 (i) publication in a newspaper of general circulation in the
707+4 city or town; or
708+5 (ii) where there is if the city or town has no newspaper,
709+6 notice by posting is sufficient notice; or
710+7 (2) (B) with the first publication made in a newspaper
711+8 described in subdivision (1) and the second publication: (A)
712+9 by publication in accordance with IC 5-3-5 and (B) on the
713+10 official web site of the city or town.
714+11 SECTION 16. IC 8-10-5-1, AS AMENDED BY P.L.152-2021,
715+12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
716+13 JULY 1, 2022]: Sec. 1. As used in this chapter:
717+14 (1) "Port authority" means a port authority created pursuant to
718+15 authority of this chapter.
719+16 (2) The terms "port" or "harbor" may be used interchangeably and
720+17 when used in this chapter shall mean any area used for servicing,
721+18 storing, protecting, mooring, loading or unloading, or repairing
722+19 any watercraft, on or adjacent to any body of water which may be
723+20 wholly or partially within or wholly or partially adjacent to the
724+21 state of Indiana. The terms include a breakwater area.
725+22 (3) The term "watercraft" shall mean any vessel, barge, boat, ship,
726+23 tug, sailingcraft, skiff, raft, inboard or outboard propelled boat, or
727+24 any contrivance known on March 13, 1959, or invented after
728+25 March 13, 1959, used or designed for navigation of or use upon
729+26 water, including a vessel permanently anchored in a port.
730+27 (4) "Publication" means publication once a week for two (2)
731+28 consecutive weeks:
732+29 (A) with each publication of notice made in a newspaper of
733+30 general circulation in the city, county, or counties where
734+31 publication is required to be made; or
735+32 (B) with the first publication of notice made in a newspaper
736+33 described in clause (A) and the second publication of notice:
737+34 (i) in accordance with IC 5-3-5 and (ii) on the official web site
738+35 of the city, county, or counties where publication is required
739+36 to be made.
740+37 (5) The term "governing body" shall mean the legislative
741+38 authority of the governmental unit or units establishing or having
742+39 established a port authority under the provisions of this chapter.
743+40 SECTION 17. IC 8-10-5-8.7, AS AMENDED BY P.L.229-2011,
744+41 SECTION 101, IS AMENDED TO READ AS FOLLOWS
745+42 [EFFECTIVE JULY 1, 2022]: Sec. 8.7. (a) The board of directors may,
746+2022 IN 283—LS 6912/DI 87 18
747+1 by resolution, recommend to the governing body of the municipality or
748+2 municipalities creating the port authority that they authorize general
749+3 obligations, mortgage, or revenue bonds for any one (1) or more of the
750+4 following purposes:
751+5 (1) To acquire or improve port or harbor sites.
752+6 (2) To acquire, construct, extend, alter, or improve structures,
753+7 ways, facilities, or equipment necessary for the proper operation
754+8 of the port authority or the port or harbor within its jurisdiction.
755+9 (3) To refund outstanding bonds and matured interest coupons
756+10 and issue and sell refunding bonds for that purpose.
757+11 (b) Before making a recommendation authorized by subsection (a),
758+12 the board shall give notice of a public hearing at which time the board
759+13 shall disclose the purpose for which the bond issue is proposed, the
760+14 amount of the proposed issue, and all other pertinent data. At least ten
761+15 (10) days before the date set for hearing, the board shall publish in two
762+16 (2) newspapers of general circulation in the city, county, counties, or
763+17 other municipalities involved, a notice of the date, time, place, and
764+18 purpose of the hearing:
765+19 (1) by publishing:
766+20 (A) in two (2) newspapers of general circulation in the city,
767+21 county, counties, or other municipalities involved; or
768+22 (B) if there is only one (1) newspaper of general circulation
769+23 in the city, county, counties, or other municipalities
770+24 involved, one (1) notice; is sufficient. or
771+25 (2) in accordance with IC 5-3-5 on the official web site of the
772+26 city, county, counties, or other municipalities involved.
773+27 (c) The governing body shall review the proposal of the board of
774+28 directors of the port authority and if it approves shall provide for the
775+29 advertisement and sale of the issue in compliance with IC 5-1-11. For
776+30 purposes of this chapter, IC 5-1-11 applies as fully to mortgage bonds
777+31 as to general obligation or revenue bonds.
778+32 (d) Bonds issued under the authority of this chapter are not subject
779+33 to limitations on interest rates.
780+34 (e) The governing body shall fix the date, time, and place of
781+35 payment of principal and interest, but no issue may have a maturity
782+36 date later than:
783+37 (1) forty (40) years after date of issue, in the case of bonds issued
784+38 before July 1, 2011; or
785+39 (2) twenty-five (25) years after date of issue, in the case of bonds
786+40 issued after June 30, 2011.
787+41 (f) Bonds issued under this chapter, together with the interest
788+42 thereon, are tax exempt.
789+2022 IN 283—LS 6912/DI 87 19
790+1 (g) The governing body shall apply the proceeds from the sale of
791+2 bonds exclusively to the purposes for which the bonds were issued and
792+3 only to the extent necessary therefor. Any remaining balance shall be
793+4 placed in a sinking fund for the payment of the bonds and the interest
794+5 on the bonds.
795+6 (h) This chapter does not affect obligations existing before July 1,
796+7 2010, on outstanding bonds. If a board of directors or a port authority
797+8 is discontinued, as provided in section 4 of this chapter, the primary
798+9 obligations on its bonds remain unaffected. In addition, the city or
799+10 county or municipalities involved in the issuance of bonds shall assume
800+11 liability for the payment of the bonds according to their terms and in
801+12 relation to their interest or proportion in the bonds.
802+13 SECTION 18. IC 8-14-9-6, AS AMENDED BY P.L.152-2021,
803+14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
804+15 JULY 1, 2022]: Sec. 6. (a) A resolution adopted under section 5 of this
805+16 chapter shall be made available for public inspection. The board shall
806+17 publish notice of the adoption. The notice must contain a general
807+18 description of the resolution, and it must indicate that the resolution
808+19 and included materials may be inspected at a specified location.
809+20 (b) The notice shall be published once each week for two (2)
810+21 consecutive weeks:
811+22 (1) with each publication of notice in one (1) newspaper of
812+23 general circulation within the local county road and bridge
813+24 district; or
814+25 (2) with the first publication of notice in a newspaper described
815+26 in subdivision (1) and the second publication of notice: (A) in
816+27 accordance with IC 5-3-5 and (B) on the official web site of the
817+28 county in which the district is located.
818+29 (c) The notice shall specify a date, not less than ten (10) days after
819+30 the date of last publication, on which the board will conduct a hearing
820+31 at which interested or affected parties may object to the resolution.
821+32 SECTION 19. IC 9-22-1-23, AS AMENDED BY P.L.157-2017,
822+33 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
823+34 JULY 1, 2022]: Sec. 23. (a) This section applies to a unit or holder of
824+35 a mechanic's lien under this chapter, including a towing service, city,
825+36 town, or county.
826+37 (b) Except as provided in subsection (c), if the person who owns or
827+38 holds a lien upon a vehicle does not appear within twenty (20) days
828+39 after the mailing of a notice or the notification made by electronic
829+40 service under section 19 of this chapter, the holder of a mechanic's lien
830+41 may sell the vehicle or parts by either of the following methods:
831+42 (1) The holder of a mechanic's lien may sell the vehicle or parts
832+2022 IN 283—LS 6912/DI 87 20
833+1 to the highest bidder at a public sale or public auction. Notice of
834+2 the sale or auction shall be given under IC 5-3-1, except that only
835+3 one (1) insertion:
836+4 (A) in an appropriate publication; or
837+5 (B) if the holder of the mechanic's lien is a political
838+6 subdivision, on the official web site of the political
839+7 subdivision in accordance with IC 5-3-5;
840+8 one (1) week before the public sale or auction is required.
841+9 (2) The unit may sell the vehicle or part as unclaimed property
842+10 under IC 36-1-11. The twenty (20) day period for the property to
843+11 remain unclaimed is sufficient for a sale under this subdivision.
844+12 (c) This subsection applies to a consolidated city or county
845+13 containing a consolidated city. If the person who owns or holds a lien
846+14 upon a vehicle does not appear within fifteen (15) days after the
847+15 mailing of a notice or the notification made by electronic service under
848+16 section 19 of this chapter, the holder of a mechanic's lien may sell the
849+17 vehicle or parts by either of the following methods:
850+18 (1) The holder of a mechanic's lien may sell the vehicle or parts
851+19 to the highest bidder at a public sale. Notice of the sale shall be
852+20 given under IC 5-3-1, except that only one (1) newspaper
853+21 insertion one (1) week before the public sale is required.
854+22 (2) The unit may sell the vehicle or part as unclaimed property
855+23 under IC 36-1-11. The fifteen (15) day period for the property to
856+24 remain unclaimed is sufficient for a sale under this subdivision.
857+25 SECTION 20. IC 10-18-2-9, AS AMENDED BY P.L.152-2021,
858+26 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
859+27 JULY 1, 2022]: Sec. 9. (a) If a county executive has adopted designs
860+28 or plans for the construction of world war memorial structures as
861+29 provided in section 6 of this chapter, the county executive shall:
862+30 (1) contract with a reliable contractor for all or any part of the
863+31 construction of the world war memorial structure, as provided in
864+32 this chapter; and
865+33 (2) publish a notice informing the public and contractors:
866+34 (A) of the nature of the structures to be constructed;
867+35 (B) that the designs and plans are on file in the office of the
868+36 county executive; and
869+37 (C) that sealed proposals for contractors to work on the
870+38 construction of the world war memorial are due not earlier
871+39 than thirty (30) days from the first published notice.
872+40 (b) A notice published under subsection (a)(2) shall be published for
873+41 at least three (3) consecutive weeks:
874+42 (1) with each publication of notice: in a newspaper of general
875+2022 IN 283—LS 6912/DI 87 21
876+1 circulation published in the county; or
877+2 (2) with the first publication of notice in a newspaper described
878+3 in subdivision (1) and the two (2) subsequent publications: (A) in
879+4 accordance with IC 5-3-5 and (B) on the county's official web site.
880+5 (c) A county executive shall, by order, impose conditions upon:
881+6 (1) bidders;
882+7 (2) contractors;
883+8 (3) subcontractors; and
884+9 (4) materialmen;
885+10 with regard to bond and surety and guaranteeing the faithful
886+11 completion of work according to contract.
887+12 (d) All contracts with builders, architects, or materialmen must
888+13 reserve to the county executive for good cause shown the right to
889+14 cancel a contract and to relet work to others. If a contract is canceled,
890+15 at least ten percent (10%) shall be reserved from payments on estimates
891+16 on work done in progress until the contracts are completed and the
892+17 work done, inspected, and accepted by the county executive.
893+18 (e) A payment, partial or final, may not be construed as a waiver of
894+19 defective work or materials or as a release for damages on account of
895+20 defective work or materials.
896+21 (f) A surety may not be released from any obligation on its bond if
897+22 the contractor is paid the whole or any part of the percentages required
898+23 to be reserved from current estimates. A surety may not be released by
899+24 any final payment made to the contractor.
900+25 SECTION 21. IC 10-18-3-2, AS AMENDED BY P.L.152-2021,
901+26 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
902+27 JULY 1, 2022]: Sec. 2. (a) The board of commissioners of a county or
903+28 the common council of a city shall, on petition of at least one hundred
904+29 (100) adult citizens of the county or city, appoint a committee to be
905+30 known as the memorial committee. The appointments may not be made
906+31 until after notice of the filing of the petition has been published for at
907+32 least two (2) weeks, once each week:
908+33 (1) with each publication of notice made in a newspaper of
909+34 general circulation in the county or city; or
910+35 (2) with the first publication of notice made in a newspaper
911+36 described in subdivision (1) and the second publication of notice:
912+37 (A) in accordance with IC 5-3-5 and (B) on the official web site
913+38 of the county or city.
914+39 (b) The committee must have at least five (5) but not more than
915+40 fifteen (15) members. Each committee member must be a citizen of the
916+41 county or city in which the memorial is proposed. The members must
917+42 be appointed based solely upon their fitness, and the committee must
918+2022 IN 283—LS 6912/DI 87 22
919+1 include representatives of educational, benevolent, labor, and other
920+2 interests.
921+3 (c) The members of the committee serve without compensation.
922+4 However, the board of commissioners or common council may
923+5 compensate members for necessary expenses in the performance of
924+6 their duty, including compensation of expert advisers. The board of
925+7 commissioners or common council may make an appropriation in
926+8 advance to compensate members for necessary expenses.
927+9 (d) The committee shall make a careful study of the subject of a
928+10 suitable memorial in the county or city and report its conclusions to the
929+11 board of commissioners or common council. The report must include:
930+12 (1) the kind of memorial regarded by the committee as
931+13 appropriate;
932+14 (2) the estimated cost of erection and maintenance;
933+15 (3) the method of control; and
934+16 (4) any other matter the committee considers proper.
935+17 The committee shall make the report within six (6) months after
936+18 appointment, unless a longer time is given by the board of
937+19 commissioners or common council. A committee that fails to report
938+20 within the time allowed is immediately regarded as dissolved, and the
939+21 board of commissioners or common council shall appoint a new
940+22 committee. A new committee appointed under this subsection is
941+23 governed by the same rule regarding the filing of a report and
942+24 dissolution.
943+25 (e) A vacancy in the committee shall be filled by the board of
944+26 commissioners or common council.
945+27 (f) A county or city in which a memorial committee has been
946+28 appointed may not erect or provide for the erection of a memorial until
947+29 the committee has made its report.
948+30 SECTION 22. IC 10-18-3-3, AS AMENDED BY P.L.152-2021,
949+31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
950+32 JULY 1, 2022]: Sec. 3. (a) Public notice must be provided in the
951+33 manner set forth under this section if a petition signed by:
952+34 (1) at least five hundred (500) citizens and taxpayers of a county;
953+35 or
954+36 (2) at least two hundred (200) citizens and taxpayers of a city;
955+37 requests the establishment and maintenance within the county or city
956+38 of a memorial for the soldiers and sailors of World War I. The petition
957+39 must be addressed to the board of commissioners of the county or the
958+40 common council of the city and filed in the office of the auditor of the
959+41 county or clerk of the city.
960+42 (b) The auditor or clerk shall:
961+2022 IN 283—LS 6912/DI 87 23
962+1 (1) publish a notice that includes a copy of the petition or a
963+2 summary of the petition:
964+3 (A) in a newspaper of general circulation printed and
965+4 published in the county or city; or
966+5 (B) in accordance with IC 5-3-5 on the official web site of
967+6 the county or city;
968+7 (2) post a notice that includes a copy of the petition or a summary
969+8 of the petition in at least ten (10) public places in the county; and
970+9 (3) post a notice that includes a copy of the petition or a summary
971+10 of the petition at the door of the county courthouse.
972+11 Notice under this subsection must also include the day the petition will
973+12 be presented to the board. The day of the hearing must be fixed by the
974+13 auditor or clerk at least thirty (30) days but not more than forty (40)
975+14 days after the day of the filing of the petition.
976+15 (c) Notice of the petition signed by the auditor or clerk must be
977+16 posted for at least twenty (20) days and published for three (3)
978+17 consecutive weeks:
979+18 (1) with each publication of notice in a newspaper of general
980+19 circulation printed and published in the county or city; or
981+20 (2) with: (A) the first publication of notice in a newspaper
982+21 described in subdivision (1); and (B) the two (2) subsequent
983+22 publications of notice: (i) in accordance with IC 5-3-5 and (ii) on
984+23 the official web site of the county or city;
985+24 before the day designated by the auditor or clerk for the hearing.
986+25 SECTION 23. IC 10-18-4-10, AS AMENDED BY P.L.152-2021,
987+26 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
988+27 JULY 1, 2022]: Sec. 10. (a) After the board of public works has
989+28 adopted the necessary designs, plans, and specifications for
990+29 construction of the World War memorial structures as provided in this
991+30 chapter, the board of public works shall award contracts for all or any
992+31 part of the World War memorial structures to competent and reliable
993+32 contractors as provided in this section.
994+33 (b) The board of public works shall publish in accordance with
995+34 subsection (c) a notice:
996+35 (1) informing the public and contractors of the general nature of
997+36 the structures to be constructed and of the fact that designs, plans,
998+37 drawings, and specifications are on file in the office of the board
999+38 of public works; and
1000+39 (2) calling for sealed proposals for the work on a day not earlier
1001+40 than thirty (30) days from the first of such publications.
1002+41 (c) The notice shall be published for at least three (3) weeks:
1003+42 (1) with each publication of notice in a newspaper of general
1004+2022 IN 283—LS 6912/DI 87 24
1005+1 circulation, printed and published in the English language in the
1006+2 city; or
1007+3 (2) with the first publication of notice in a newspaper described
1008+4 in subdivision (1) and the two (2) subsequent publications of
1009+5 notice: (A) in accordance with IC 5-3-5 and (B) on the official
1010+6 web site of the city.
1011+7 (d) The board of public works shall, by order, impose conditions
1012+8 upon bidders, contractors, subcontractors, and materialmen with regard
1013+9 to bond and surety, guaranteeing the good faith and responsibility of
1014+10 the bidders, contractors, subcontractors, and materialmen and insuring
1015+11 the faithful completion of the work, according to contract, or for any
1016+12 other purpose.
1017+13 (e) The board of public works shall reserve ten percent (10%) from
1018+14 payments or estimates on work in progress until the contract is
1019+15 completed and the work done is inspected and accepted by the board.
1020+16 All contracts with contractors, subcontractors, architects, or
1021+17 materialmen must reserve:
1022+18 (1) to the board of public works, for good cause shown, the right
1023+19 to cancel the contract and to award the work to others; and
1024+20 (2) at least ten percent (10%) from payments or estimates on work
1025+21 in progress until the contract is completed and the work done is
1026+22 inspected and accepted by the board.
1027+23 (f) Payment by the board of public works, partial or final, may not
1028+24 be construed as a waiver of defective work or materials or as a release
1029+25 for damages on account of the defective work or materials. A surety
1030+26 may not be released from any obligation on the surety's bond if a
1031+27 contractor should be paid the whole or any part of the percentage
1032+28 required to be reserved from current estimates. A surety may not be
1033+29 released by any final payment made to a contractor.
1034+30 SECTION 24. IC 13-21-5-2 IS AMENDED TO READ AS
1035+31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) A district must
1036+32 conduct at least one (1) regularly scheduled public meeting each month
1037+33 before the creation, amendment, or alteration of the district solid waste
1038+34 management plan. The board shall give notice of each public meeting
1039+35 in accordance with IC 5-14-1.5. In addition, a copy of the schedule of
1040+36 regularly scheduled monthly meetings shall annually be submitted for
1041+37 publication to published by either of the following methods:
1042+38 (1) By publication in a newspaper of general circulation in each
1043+39 county of the district. The notice:
1044+40 (1) (A) must be at least two (2) columns wide by five (5)
1045+41 inches long; and
1046+42 (2) (B) may not be placed in the part of the newspaper where
1047+2022 IN 283—LS 6912/DI 87 25
1048+1 legal notices and classified advertisements appear.
1049+2 (2) By publication in accordance with IC 5-3-5 on the official
1050+3 web site of the district.
1051+4 (b) Public comments shall be taken at each board meeting.
1052+5 SECTION 25. IC 13-21-5-7 IS AMENDED TO READ AS
1053+6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) If the board
1054+7 conducts a meeting other than a regularly scheduled public meeting
1055+8 conducted under section 2 of this chapter:
1056+9 (1) notice of the meeting must be given in accordance with
1057+10 IC 5-14-1.5-5;
1058+11 (2) an agenda of the meeting must be posted at least forty-eight
1059+12 (48) hours in advance under IC 5-14-1.5-4; and
1060+13 (3) the board shall provide notice by:
1061+14 (A) notify notifying a general circulation newspaper in each
1062+15 county that makes up the district of the meeting and the
1063+16 agenda to be discussed; or
1064+17 (B) publishing notice in accordance with IC 5-3-5 on the
1065+18 official web site of the district.
1066+19 (b) The notice to the newspaper under this section shall be given by:
1067+20 (1) first class mail if notice can reasonably be expected to reach
1068+21 the newspaper at least forty-eight (48) hours before the meeting;
1069+22 and
1070+23 (2) telephone if notice cannot reasonably be expected to reach the
1071+24 newspaper under subdivision (1).
1072+25 (c) At the meeting, the board may discuss only those matters that
1073+26 were indicated on the meeting agenda prepared under this section.
1074+27 SECTION 26. IC 13-23-16-3, AS ADDED BY P.L.221-2007,
1075+28 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1076+29 JULY 1, 2022]: Sec. 3. Not more than seven (7) days after receiving a
1077+30 notice from the department under section 2 of this chapter, a county
1078+31 health officer shall do the following:
1079+32 (1) Publish notice of the release, spill, or overfill:
1080+33 (A) in a newspaper of general circulation in the county health
1081+34 officer's county; or
1082+35 (B) in accordance with IC 5-3-5 on the official web site of
1083+36 the county.
1084+37 (2) Provide any other notice of the release, spill, or overfill the
1085+38 county health officer considers necessary or appropriate.
1086+39 SECTION 27. IC 13-26-2-2.5, AS AMENDED BY P.L.152-2021,
1087+40 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1088+41 JULY 1, 2022]: Sec. 2.5. (a) Before a representative may file a petition
1089+42 to establish a district, the representative must provide notice to all
1090+2022 IN 283—LS 6912/DI 87 26
1091+1 owners of property to be served by the proposed district that is the
1092+2 subject of the petition.
1093+3 (b) Notice under subsection (a) must be provided as follows:
1094+4 (1) Beginning at least thirty (30) days before the date on which a
1095+5 public meeting under subsection (c) is scheduled, by publication
1096+6 of notice for three (3) consecutive weeks:
1097+7 (A) with each publication of notice: (i) in:
1098+8 (i) at least two (2) newspapers of general circulation in each
1099+9 of the counties, in whole or in part, in the proposed district;
1100+10 or
1101+11 (ii) if there is only one (1) newspaper of general circulation
1102+12 in a county, a single publication in one (1) newspaper;
1103+13 satisfies the requirement of this subdivision; or
1104+14 (B) with the first publication of notice made in a newspaper or
1105+15 newspapers described in clause (A) and the two (2) subsequent
1106+16 publications of notice: (i) in accordance with IC 5-3-5 and (ii)
1107+17 on the official web site of each county in the proposed district.
1108+18 (2) Beginning at least fourteen (14) days before the date on which
1109+19 a public meeting under subsection (c) is scheduled, by:
1110+20 (A) first class United States mail, postage prepaid, mailed to
1111+21 each freeholder within the proposed district; and
1112+22 (B) broadcasting at least three (3) public service
1113+23 announcements each day for fourteen (14) days on at least two
1114+24 (2) radio stations operating in each of the counties, in whole or
1115+25 in part, in the proposed district.
1116+26 (c) After providing notice under subsection (b), a representative that
1117+27 seeks to file a petition to establish a district must conduct a public
1118+28 meeting to discuss and receive comments on the proposed district.
1119+29 (d) A representative may not file a petition to establish a district:
1120+30 (1) more than one hundred eighty (180) or less than sixty (60)
1121+31 days after providing notice under subsection (b); or
1122+32 (2) less than thirty (30) days after a meeting held under subsection
1123+33 (c).
1124+34 SECTION 28. IC 13-26-5-6.5, AS AMENDED BY P.L.152-2021,
1125+35 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1126+36 JULY 1, 2022]: Sec. 6.5. A district that intends to extend service within
1127+37 its territory shall provide notice to all owners of property to be served
1128+38 by the proposed extension of service in the following manner not later
1129+39 than sixty (60) days from the date of the decision to extend service:
1130+40 (1) By publication one (1) time each week for three (3)
1131+41 consecutive weeks:
1132+42 (A) with each publication of notice: (i) in:
1133+2022 IN 283—LS 6912/DI 87 27
1134+1 (i) at least two (2) newspapers of general circulation in each
1135+2 of the counties, in whole or in part, of the district affected by
1136+3 the proposed extension of service; or
1137+4 (ii) if there is only one (1) newspaper of general circulation
1138+5 in a county, a single publication; satisfies the requirement of
1139+6 this subdivision; or
1140+7 (B) with the first publication of notice made in a newspaper or
1141+8 newspapers described in clause (A) and the two (2) subsequent
1142+9 publications of notice: (i) in accordance with IC 5-3-5 and (ii)
1143+10 on the official web site of the district.
1144+11 (2) By United States mail, postage prepaid, mailed to each
1145+12 freeholder within the territory to which the district proposes to
1146+13 extend service.
1147+14 SECTION 29. IC 13-26-11-12, AS AMENDED BY P.L.152-2021,
1148+15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1149+16 JULY 1, 2022]: Sec. 12. After introduction of the ordinance initially
1150+17 fixing rates or charges but before the ordinance is finally adopted,
1151+18 notice of the hearing setting forth the proposed schedule of the rates or
1152+19 charges must be given by publication one (1) time each week for two
1153+20 (2) weeks:
1154+21 (1) with each publication of notice in a newspaper of general
1155+22 circulation in each of the counties with territory in the district; or
1156+23 (2) with the first publication of notice in a newspaper described
1157+24 in subdivision (1) and the second publication of notice: (A) in
1158+25 accordance with IC 5-3-5 and (B) on the official web site of the
1159+26 district.
1160+27 The last publication must be at least seven (7) days before the date
1161+28 fixed in the notice for the hearing. The hearing may be adjourned as
1162+29 necessary.
1163+30 SECTION 30. IC 13-26-11-13, AS AMENDED BY P.L.84-2016,
1164+31 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1165+32 JULY 1, 2022]: Sec. 13. (a) The ordinance establishing the initial rates
1166+33 or charges, either as:
1167+34 (1) originally introduced; or
1168+35 (2) modified and amended;
1169+36 shall be passed and put into effect after the hearing.
1170+37 (b) A copy of the schedule of the rates and charges established must
1171+38 be:
1172+39 (1) kept on file in the office of the district; and
1173+40 (2) open to public inspection.
1174+41 (c) Whenever the board acts under section 8(b) of this chapter to
1175+42 change or readjust the rates and charges, the board shall mail, either
1176+2022 IN 283—LS 6912/DI 87 28
1177+1 separately or along with a periodic billing statement, a notice of the
1178+2 new rates and charges to each user affected by the change or
1179+3 readjustment. In the case of a sewage district, if the change or
1180+4 readjustment increases the rates and charges by the amount specified
1181+5 in section 15(c) of this chapter, the notice required by this subsection:
1182+6 (1) must include a statement of a ratepayer's rights under section
1183+7 15 of this chapter; and
1184+8 (2) shall be mailed within the time specified in section 15(c) of
1185+9 this chapter.
1186+10 (d) Following the passage of an ordinance under subsection (a), the
1187+11 lesser of fifty (50) or ten percent (10%) of the ratepayers of the district
1188+12 may file a written petition objecting to the initial rates and charges of
1189+13 the district. A petition filed under this subsection must:
1190+14 (1) contain the name and address of each petitioner;
1191+15 (2) be filed with a member of the district authority, in the county
1192+16 where at least one (1) petitioner resides, not later than thirty (30)
1193+17 days after the district adopts the ordinance; and
1194+18 (3) set forth the grounds for the ratepayers' objection.
1195+19 (e) The district authority shall set the matter for public hearing not
1196+20 less than ten (10) business days but not later than twenty (20) business
1197+21 days after the petition has been filed. The district authority shall:
1198+22 (1) send notice of the hearing by certified mail to the district and
1199+23 the first listed petitioner; and
1200+24 (2) publish the notice of the hearing:
1201+25 (A) in a newspaper of general circulation in each county in the
1202+26 district; or
1203+27 (B) in accordance with IC 5-3-5 on the official web site of
1204+28 the district.
1205+29 (f) Upon the date fixed in the notice, the district authority shall hear
1206+30 the evidence produced and determine the following:
1207+31 (1) Whether the board of trustees of the district, in adopting the
1208+32 ordinance establishing sewer rates and charges, followed the
1209+33 procedure required by this chapter.
1210+34 (2) Whether the sewer rates and charges established by the board
1211+35 by ordinance are just and equitable rates and charges, according
1212+36 to the standards set forth in section 9 of this chapter.
1213+37 (g) After the district authority hears the evidence produced and
1214+38 makes the determinations set forth in subsection (f), the district
1215+39 authority, by a majority vote, shall:
1216+40 (1) sustain the ordinance establishing the rates and charges;
1217+41 (2) sustain the petition; or
1218+42 (3) make any other ruling appropriate in the matter, subject to the
1219+2022 IN 283—LS 6912/DI 87 29
1220+1 standards set forth in section 9 of this chapter.
1221+2 (h) The order of the district authority may be appealed by the district
1222+3 or a petitioner to the circuit court, superior court, or probate court of
1223+4 the county in which the district is located. The court shall try the appeal
1224+5 without a jury and shall determine one (1) or both of the following:
1225+6 (1) Whether the board of trustees of the district, in adopting the
1226+7 ordinance establishing sewer rates and charges, followed the
1227+8 procedure required by this chapter.
1228+9 (2) Whether the sewer rates and charges established by the board
1229+10 by ordinance are just and equitable rates and charges, according
1230+11 to the standards set forth in section 9 of this chapter.
1231+12 Either party may appeal the circuit court's, superior court's, or probate
1232+13 court's decision in the same manner that other civil cases may be
1233+14 appealed.
1234+15 SECTION 31. IC 13-26-11-15, AS AMENDED BY P.L.84-2016,
1235+16 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1236+17 JULY 1, 2022]: Sec. 15. (a) A district authority is established in each
1237+18 regional sewage district established under this article. A district
1238+19 authority:
1239+20 (1) must consist of an odd number of members;
1240+21 (2) must consist of at least three (3) members; and
1241+22 (3) may not include as a member any person who serves on the
1242+23 board of trustees of the district.
1243+24 (b) The district authority of a regional sewage district consists of the
1244+25 following members:
1245+26 (1) In the case of a regional sewage district located in one (1)
1246+27 county, the following members:
1247+28 (A) If no members of the county executive are trustees of the
1248+29 regional sewage district, the county executive of the county.
1249+30 (B) If:
1250+31 (i) one (1) or more members of the county executive are
1251+32 trustees of the regional sewage district; and
1252+33 (ii) no members of the county fiscal body are trustees of the
1253+34 regional sewage district;
1254+35 the members of the county fiscal body.
1255+36 (C) If the regional sewage district's board of trustees consists
1256+37 of one (1) or more members of the county executive and one
1257+38 (1) or more members of the county fiscal body, three (3)
1258+39 members appointed as follows:
1259+40 (i) Two (2) members appointed by the county executive. If
1260+41 not all of the members of the county executive are trustees
1261+42 of the district, the county executive may appoint either or
1262+2022 IN 283—LS 6912/DI 87 30
1263+1 both of the two (2) members required by this item from
1264+2 among the county executive's own membership, subject to
1265+3 subsection (a)(3).
1266+4 (ii) One (1) member appointed by the county fiscal body. If
1267+5 not all of the members of the county fiscal body are trustees
1268+6 of the district, the county fiscal body may appoint the
1269+7 member required by this item from among the county fiscal
1270+8 body's own membership, subject to subsection (a)(3).
1271+9 (2) In the case of a regional sewage district located in more than
1272+10 one (1) county, the following members:
1273+11 (A) If:
1274+12 (i) an odd number of counties are part of the regional sewage
1275+13 district; and
1276+14 (ii) each county in the district has at least one (1) county
1277+15 executive member who is not a trustee of the regional
1278+16 sewage district;
1279+17 one (1) county executive member, appointed by that member's
1280+18 county executive, from each county in which the district is
1281+19 located, subject to subsection (a)(3).
1282+20 (B) If an even number of counties are part of the regional
1283+21 sewage district, the following members:
1284+22 (i) Two (2) county executive members, appointed by those
1285+23 members' county executive, from the county that has the
1286+24 largest number of customers served by the district's sewer
1287+25 system. However, if the county that has the largest number
1288+26 of customers served by the district's sewer system does not
1289+27 have at least two (2) members of its executive who are not
1290+28 also trustees of the district, the county executive of that
1291+29 county may appoint one (1) or more of the members
1292+30 required by this item from outside the county executive's
1293+31 own membership in order to comply with subsection (a)(3).
1294+32 (ii) One (1) county executive member, appointed by that
1295+33 member's county executive, from each county, other than the
1296+34 county described in item (i), in which the district is located.
1297+35 However, if a county described in this item does not have at
1298+36 least one (1) member of its executive who is not also a
1299+37 trustee of the district, the county executive of that county
1300+38 may appoint the member required by this item from outside
1301+39 the county executive's own membership in order to comply
1302+40 with subsection (a)(3).
1303+41 (C) If an odd number of counties are part of the regional
1304+42 sewage district and an odd number of those counties in the
1305+2022 IN 283—LS 6912/DI 87 31
1306+1 district do not have at least one (1) county executive member
1307+2 who is not also a trustee of the district, the following members:
1308+3 (i) One (1) county executive member, appointed by that
1309+4 member's county executive, from each county that has at
1310+5 least one (1) county executive member who is not also a
1311+6 trustee of the district, subject to subsection (a)(3).
1312+7 (ii) One (1) member appointed by the county executive of
1313+8 each county that does not have at least one (1) county
1314+9 executive member who is not also a trustee of the district. A
1315+10 member appointed under this item must be appointed from
1316+11 outside the appointing county executive's own membership,
1317+12 subject to subsection (a)(3).
1318+13 (c) If a district adopts an ordinance increasing sewer rates and
1319+14 charges at a rate that is greater than five percent (5%) per year, as
1320+15 calculated from the rates and charges in effect from the date of the
1321+16 district's last rate increase, the district shall mail, either separately or
1322+17 along with a periodic billing statement, a notice of the new rates and
1323+18 charges to each user of the sewer system who is affected by the
1324+19 increase. The notice:
1325+20 (1) shall be mailed not later than seven (7) days after the district
1326+21 adopts the ordinance increasing the rates and charges; and
1327+22 (2) must include a statement of a ratepayer's rights under this
1328+23 section.
1329+24 (d) If subsection (c) applies, fifty (50) ratepayers of the district or
1330+25 ten percent (10%) of the district's ratepayers, whichever is fewer, may
1331+26 file a written petition objecting to the rates and charges of the district.
1332+27 A petition filed under this subsection must:
1333+28 (1) contain the name and address of each petitioner;
1334+29 (2) be filed with a member of the district authority, in the county
1335+30 where at least one (1) petitioner resides, not later than thirty (30)
1336+31 days after the district adopts the ordinance establishing the rates
1337+32 and charges; and
1338+33 (3) set forth the grounds for the ratepayers' objection.
1339+34 If a petition meeting the requirements of this subsection is filed, the
1340+35 district authority shall investigate and conduct a public hearing on the
1341+36 petition. If more than one (1) petition concerning a particular increase
1342+37 in rates and charges is filed, the district authority shall consider the
1343+38 objections set forth in all the petitions at the same public hearing.
1344+39 (e) The district authority shall set the matter for public hearing not
1345+40 less than ten (10) business days but not later than twenty (20) business
1346+41 days after the petition has been filed. The district authority shall:
1347+42 (1) send notice of the hearing by certified mail to the district and
1348+2022 IN 283—LS 6912/DI 87 32
1349+1 the first listed petitioner; and
1350+2 (2) publish the notice of the hearing:
1351+3 (A) in a newspaper of general circulation in each county in the
1352+4 district; or
1353+5 (B) in accordance with IC 5-3-5 on the official web site of
1354+6 the district.
1355+7 (f) Upon the date fixed in the notice, the district authority shall hear
1356+8 the evidence produced and determine the following:
1357+9 (1) Whether the board of trustees of the district, in adopting the
1358+10 ordinance increasing sewer rates and charges, followed the
1359+11 procedure required by this chapter.
1360+12 (2) Whether the increased sewer rates and charges established by
1361+13 the board by ordinance are just and equitable rates and charges,
1362+14 according to the standards set forth in section 9 of this chapter.
1363+15 (g) After the district authority hears the evidence produced and
1364+16 makes the determinations set forth in subsection (f), the district
1365+17 authority, by a majority vote, shall:
1366+18 (1) sustain the ordinance establishing the rates and charges;
1367+19 (2) sustain the petition; or
1368+20 (3) make any other ruling appropriate in the matter, subject to the
1369+21 standards set forth in section 9 of this chapter.
1370+22 (h) The order of the district authority may be appealed by the district
1371+23 or a petitioner to the circuit court, superior court, or probate court of
1372+24 the county in which the district is located. The court shall try the appeal
1373+25 without a jury and shall determine one (1) or both of the following:
1374+26 (1) Whether the board of trustees of the district, in adopting the
1375+27 ordinance increasing sewer rates and charges, followed the
1376+28 procedure required by this chapter.
1377+29 (2) Whether the increased sewer rates and charges established by
1378+30 the board by ordinance are just and equitable rates and charges,
1379+31 according to the standards set forth in section 9 of this chapter.
1380+32 Either party may appeal the circuit court's, superior court's, or probate
1381+33 court's decision in the same manner that other civil cases may be
1382+34 appealed.
1383+35 SECTION 32. IC 14-26-8-7, AS AMENDED BY P.L.152-2021,
1384+36 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1385+37 JULY 1, 2022]: Sec. 7. (a) Within ten (10) days after the filing of a
1386+38 petition, the clerk shall docket the petition as a cause of action pending
1387+39 in the circuit or superior court. The clerk shall cause notice to be given
1388+40 at least thirty (30) days before the date set for the hearing as follows:
1389+41 (1) By publication one (1) time each week for two (2) consecutive
1390+42 weeks:
1391+2022 IN 283—LS 6912/DI 87 33
1392+1 (A) with each publication:
1393+2 (i) in not less than two (2) newspapers of general circulation
1394+3 published in each county in which the lake is located; or
1395+4 (ii) if there are not two (2) newspapers of general circulation
1396+5 published in a county, in one (1) newspaper of general
1397+6 circulation published in the county; or
1398+7 (B) with the first publication of notice in a newspaper or
1399+8 newspapers described in clause (A) and the second publication
1400+9 of notice: (i) in accordance with IC 5-3-5 and (ii) on the
1401+10 official web site of each county in which the lake is located.
1402+11 (2) By posting a written or printed notice at the door of the
1403+12 courthouse in each county in which the lake lies.
1404+13 (3) By sending written notice to the following:
1405+14 (A) The county surveyor and county commissioners of each
1406+15 county affected.
1407+16 (B) The department.
1408+17 (b) The notice must do the following:
1409+18 (1) Briefly describe the location and nature of the proposed work
1410+19 contained in the petition.
1411+20 (2) Fix a day for the hearing on the petition.
1412+21 SECTION 33. IC 14-26-8-36 IS AMENDED TO READ AS
1413+22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 36. (a) The county
1414+23 surveyor shall proceed to have the improvement constructed as
1415+24 provided by section 32 or 34 of this chapter. The county surveyor shall
1416+25 keep in the surveyor's office copies of the plans and specifications,
1417+26 which shall be open for the inspection of any landowner interested or
1418+27 any contractor who may be a prospective bidder on the work.
1419+28 (b) The county surveyor shall give notice by publication:
1420+29 (1) in a newspaper of general circulation printed and published in:
1421+30 the following:
1422+31 (1) (A) each county in which the lake lies; and
1423+32 (2) (B) each county where land assessed as benefited is
1424+33 situated; or
1425+34 (2) in accordance with IC 5-3-5 on the official web site of each
1426+35 county described in subdivision (1).
1427+36 (c) The notice must state that on a certain day and date, which may
1428+37 not be less than fifteen (15) days from the date of the publication, the
1429+38 surveyor will do the following:
1430+39 (1) Receive sealed bids for the furnishing of all material and labor
1431+40 necessary for the construction of the work.
1432+41 (2) Let the contract to the lowest and best bidder or reject all bids
1433+42 and re-advertise for new bids.
1434+2022 IN 283—LS 6912/DI 87 34
1435+1 (d) The surveyor may:
1436+2 (1) let the work as a whole; or
1437+3 (2) subdivide the work into at least two (2) sections and let the
1438+4 work in separate contracts that will, in the surveyor's best
1439+5 judgment, most speedily and economically accomplish the
1440+6 completion of the work.
1441+7 SECTION 34. IC 14-26-8-52 IS AMENDED TO READ AS
1442+8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 52. (a) The auditor of
1443+9 each county affected shall give notice, by publication in a newspaper
1444+10 published in the county, not less than thirty (30) days before the day for
1445+11 payment of assessments, of the following:
1446+12 (1) That the assessment sheet has been prepared and placed in the
1447+13 hands of the county treasurer for collection.
1448+14 (2) The time and manner in which the assessments are required to
1449+15 be paid.
1450+16 (3) That a person affected who desires to pay the assessment to
1451+17 discharge the person's land from all liability to the assessment on
1452+18 or before the day named in the order may do so.
1453+19 (b) The auditor of each county shall give the notice described in
1454+20 subsection (a) by publication:
1455+21 (1) in a newspaper published in the county; or
1456+22 (2) in accordance with IC 5-3-5 on the official web site of the
1457+23 county.
1458+24 SECTION 35. IC 14-27-6-30 IS AMENDED TO READ AS
1459+25 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 30. The board may
1460+26 perform all acts necessary or reasonably incident to carrying out the
1461+27 purposes of this chapter, including the following powers:
1462+28 (1) To sue and be sued collectively by the board's name
1463+29 "__________ Levee Authority", with service of process being had
1464+30 on the president of the board. However, costs may not be taxed
1465+31 against the board or any of the board's members in an action.
1466+32 (2) To have exclusive jurisdiction within the district.
1467+33 (3) To adopt ordinances to protect all property owned or managed
1468+34 by the board.
1469+35 (4) To adopt an annual budget and levy taxes not to exceed two
1470+36 and sixty-seven hundredths cents ($0.0267) on each one hundred
1471+37 dollars ($100) of assessed property in accordance with this
1472+38 chapter.
1473+39 (5) To incur indebtedness in the name of the authority in
1474+40 accordance with this chapter.
1475+41 (6) To:
1476+42 (A) acquire real, personal, or mixed property by deed,
1477+2022 IN 283—LS 6912/DI 87 35
1478+1 purchase, lease, condemnation, or otherwise; and
1479+2 (B) dispose of the property;
1480+3 for flood control purposes.
1481+4 (7) To do the following:
1482+5 (A) Receive gifts, donations, bequests, and public trusts.
1483+6 (B) Agree to accompanying conditions and terms and bind the
1484+7 authority to carry out the terms and conditions.
1485+8 (8) To determine matters of policy regarding internal organization
1486+9 and operating procedures not specifically provided for otherwise.
1487+10 (9) In addition to all other powers conferred by this chapter and
1488+11 IC 14-27-3, to do the following:
1489+12 (A) Cooperate with an officer or agency of the federal
1490+13 government in the performance of any of the work authorized
1491+14 by this chapter.
1492+15 (B) Accept labor, material, or financial assistance.
1493+16 (C) Do all things not inconsistent with this chapter necessary
1494+17 to satisfy the requirements of the federal authorities for the
1495+18 purpose of obtaining aid from the federal government.
1496+19 (10) To purchase supplies, materials, and equipment to carry out
1497+20 the duties and functions of the board in accordance with
1498+21 procedures adopted by the board and in accordance with general
1499+22 law.
1500+23 (11) To employ personnel as necessary to carry out the duties,
1501+24 functions, and powers of the board.
1502+25 (12) To sell surplus or unneeded property in accordance with
1503+26 procedures prescribed by the board.
1504+27 (13) To adopt administrative rules to do the following:
1505+28 (A) Carry out the board's powers and duties.
1506+29 (B) Govern the duties of the board's officers, employees, and
1507+30 personnel.
1508+31 (C) Govern the internal management of the affairs of the
1509+32 board.
1510+33 The board shall publish all rules adopted by the board for at least
1511+34 ten (10) days in a newspaper of general circulation printed in the
1512+35 district or in accordance with IC 5-3-5 on the official web site
1513+36 of the authority.
1514+37 (14) To fix the salaries or compensation of the officers and
1515+38 employees of the authority, except as otherwise provided by this
1516+39 chapter.
1517+40 (15) To carry out the purposes and objects of the authority.
1518+41 (16) To adopt and use a seal.
1519+42 (17) To:
1520+2022 IN 283—LS 6912/DI 87 36
1521+1 (A) acquire land, easements, and rights-of-way; and
1522+2 (B) establish, construct, improve, equip, maintain, control,
1523+3 lease, and regulate levees and the land owned adjacent to the
1524+4 levees, either within or outside the district;
1525+5 for flood prevention purposes. However, if at the time of the
1526+6 creation of the levee authority a political subdivision owns or
1527+7 controls a levee, upon the qualification of the members of the
1528+8 board the exclusive control, management, and authority over each
1529+9 levee owned or controlled by a political subdivision shall be
1530+10 transferred to the board without the passage of an ordinance. The
1531+11 board of public works of the political subdivision or other persons
1532+12 having possession or control of a levee shall immediately deliver
1533+13 to the board all personal property and records, books, maps, and
1534+14 other papers and documents relating to the levee.
1535+15 (18) To:
1536+16 (A) elect a secretary from the board's membership; or
1537+17 (B) employ a secretary;
1538+18 and fix the compensation of the secretary.
1539+19 (19) To do the following:
1540+20 (A) Employ superintendents, managers, engineers, surveyors,
1541+21 attorneys, clerks, guards, mechanics, laborers, and all other
1542+22 employees the board considers expedient. All employees shall
1543+23 be selected and appointed irrespective of political affiliations.
1544+24 (B) Prescribe and assign the duties and authority of the
1545+25 employees.
1546+26 (C) Fix the compensation to be paid to the persons employed
1547+27 by the board in accordance with appropriations made by the
1548+28 city fiscal body.
1549+29 (D) Require a bond on any officer or employee of the authority
1550+30 in the amount, upon the terms and conditions, and with surety
1551+31 to the approval of the board.
1552+32 (20) To adopt rules not in conflict with:
1553+33 (A) Indiana law;
1554+34 (B) the ordinances of the city; or
1555+35 (C) the laws or regulations of the United States and the United
1556+36 States Corps of Army Engineers;
1557+37 regulating the construction, maintenance, and control of the
1558+38 board's levees and other property under the board's control.
1559+39 (21) To establish the board's own detail or department of police
1560+40 or to hire guards to execute the orders and enforce the rules of the
1561+41 board.
1562+42 (22) To permit the federal government to do the following:
1563+2022 IN 283—LS 6912/DI 87 37
1564+1 (A) Construct or repair, on land or rights-of-way owned by the
1565+2 authority, levees, dikes, breakwaters, pumping stations,
1566+3 syphons, and flood gates.
1567+4 (B) Construct or repair sewers, ditches, drains, diversion
1568+5 channels, and watercourses if necessary in the actual
1569+6 construction, repair, and maintenance of a levee and along
1570+7 land or rights-of-way owned by the authority.
1571+8 (23) To do the following:
1572+9 (A) Construct, maintain, and repair levees, dikes, breakwaters,
1573+10 pumping stations, and flood gates.
1574+11 (B) Construct or repair sewers, ditches, drains, diversion
1575+12 channels, and watercourses if necessary in the actual
1576+13 construction, repair, and maintenance of a levee.
1577+14 (24) To sell machinery, equipment, or material under the control
1578+15 of the board that the board determines is not required for levee
1579+16 purposes. The proceeds derived from the sale shall be deposited
1580+17 with the treasurer of the authority.
1581+18 (25) To negotiate and execute:
1582+19 (A) contracts of sale or purchase;
1583+20 (B) leases;
1584+21 (C) contracts for personal services, materials, supplies, or
1585+22 equipment; or
1586+23 (D) any other transaction, business or otherwise;
1587+24 relating to a levee under the board's control and operation.
1588+25 However, if the board determines to sell part or all of levee land,
1589+26 buildings, or improvements owned by the authority, the sale must
1590+27 be in accordance with statute. If personal property under the
1591+28 control of the board valued in excess of five hundred dollars
1592+29 ($500) is to be sold, the board shall sell to the highest and best
1593+30 bidder after due publication of notice of the sale.
1594+31 (26) To contract with other political subdivisions and state
1595+32 agencies under IC 36-1-7 for:
1596+33 (A) the provision of services;
1597+34 (B) the rental or use of equipment or facilities; or
1598+35 (C) the joint purchase and use of equipment or facilities;
1599+36 considered proper by the contracting parties for use in the
1600+37 operation, maintenance, or construction of a levee operated under
1601+38 this chapter.
1602+39 SECTION 36. IC 14-27-8-7 IS AMENDED TO READ AS
1603+40 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) Upon the filing
1604+41 of a petition described in section 4 of this chapter, the clerk of the court
1605+42 shall do the following:
1606+2022 IN 283—LS 6912/DI 87 38
1607+1 (1) Fix by endorsement upon the petition a day in the next term of
1608+2 the court, not less than twenty (20) days later than the date of the
1609+3 filing of the petition, for the hearing.
1610+4 (2) Give notice of the filing and hearing at least ten (10) days
1611+5 before the day fixed for the hearing as follows:
1612+6 (A) By summons, which shall be served by United States mail,
1613+7 return receipt requested.
1614+8 (B) For owners of land in the city or town, by reading to the
1615+9 legislative body of the city or town or a majority of the
1616+10 members.
1617+11 (C) By posting notice in five (5) of the most public places
1618+12 within the proposed district.
1619+13 (D) By posting one (1) notice at the door of the courthouse in
1620+14 the county in which the petition is filed.
1621+15 (E) For nonresidents of Indiana, by publication one (1) time:
1622+16 (i) in a newspaper of general circulation in the county; or
1623+17 (ii) in accordance with IC 5-3-5 on the official web site of
1624+18 the authority.
1625+19 (b) When notified under subsection (a), the legislative body shall
1626+20 make every reasonable effort to see that landowners in the city or town
1627+21 included in the proposed district are informed of the proposed district.
1628+22 SECTION 37. IC 14-28-4-21, AS AMENDED BY P.L.152-2021,
1629+23 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1630+24 JULY 1, 2022]: Sec. 21. (a) After the commission submits the final
1631+25 report, the legislative body of the county or municipality shall give all
1632+26 interested persons an opportunity to be heard with reference to the final
1633+27 report at a public hearing convenient for all persons affected. The
1634+28 legislative body shall publish notice of the hearing:
1635+29 (1) in a daily newspaper of general circulation in the county or
1636+30 municipality; or
1637+31 (2) in accordance with IC 5-3-5 on the official web site of the
1638+32 county or municipality.
1639+33 (b) The notice must state the following:
1640+34 (1) The time and place of the hearing.
1641+35 (2) That the report contains a flood plain zoning ordinance for the
1642+36 county or municipality.
1643+37 (3) That written objections to the proposed zoning ordinance filed
1644+38 with the clerk of the legislative body at or before the hearings will
1645+39 be heard.
1646+40 (4) That the hearing will be continued as is necessary.
1647+41 (c) The notice shall be published at least two (2) times within the
1648+42 not later than ten (10) days before the time set for the hearing:
1649+2022 IN 283—LS 6912/DI 87 39
1650+1 (1) with each publication in a daily newspaper of general
1651+2 circulation in the county or municipality; or
1652+3 (2) with the first publication of notice in a newspaper described
1653+4 in subdivision (1) and the second publication of notice: (A) in
1654+5 accordance with IC 5-3-5 and (B) on the official web site of the
1655+6 county or municipality.
1656+7 During the ten (10) day period, the proposed zoning ordinance shall be
1657+8 kept on file in the office of the commission or other designated place
1658+9 for public examination.
1659+10 (d) Upon completion of the public hearing, the legislative body shall
1660+11 proceed to consider the ordinance.
1661+12 SECTION 38. IC 14-28-4-25 IS AMENDED TO READ AS
1662+13 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 25. (a) Before the
1663+14 commission submits to the legislative body:
1664+15 (1) a petition; or
1665+16 (2) a report on a proposed ordinance referred to the commission;
1666+17 for an amendment, a supplement, or a repeal of the zoning ordinance,
1667+18 the commission shall hold a public hearing.
1668+19 (b) At least ten (10) days before the date set for the hearing, the
1669+20 commission shall publish notice of the time and place of the hearing:
1670+21 (1) in a newspaper of general circulation in the county or
1671+22 municipality; or
1672+23 (2) a notice of the time and place of the hearing. in accordance
1673+24 with IC 5-3-5 on the official web site of the county or
1674+25 municipality.
1675+26 (c) After the public hearing has been held, the commission may by
1676+27 resolution recommend the proposed amendments to the legislative
1677+28 body of the county or municipality. However:
1678+29 (1) the commission may not recommend; and
1679+30 (2) the legislative body may not adopt;
1680+31 flood plain district boundaries less extensive than those established by
1681+32 the United States Department of Housing and Urban Development or
1682+33 the department.
1683+34 (d) The secretary shall do the following:
1684+35 (1) Certify a copy of an amendment to the legislative body.
1685+36 (2) Present the amendment at the legislative body's first meeting
1686+37 following commission action.
1687+38 SECTION 39. IC 14-33-2-12, AS AMENDED BY P.L.152-2021,
1688+39 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1689+40 JULY 1, 2022]: Sec. 12. (a) This subsection applies only to a petition
1690+41 by freeholders. The petitioners shall give notice of hearing on the
1691+42 petition as follows:
1692+2022 IN 283—LS 6912/DI 87 40
1693+1 (1) By publication in two (2) newspapers of general circulation in
1694+2 each county having land in the proposed district, three (3) times
1695+3 at successive weekly intervals. The first publication must be at
1696+4 least thirty (30) days before the date of the hearing. If there is only
1697+5 one (1) newspaper of general circulation in a county, three (3)
1698+6 publications in that newspaper are sufficient.
1699+7 (2) By mailing a copy of the notice at least twenty (20) days
1700+8 before the date of the hearing, first class postage prepaid, to each
1701+9 freeholder who has not signed the petition and who owns land in
1702+10 the proposed district, according to the records of the county
1703+11 auditor. The person having the notice mailed shall file an affidavit
1704+12 with the court showing the following:
1705+13 (A) The names of the persons to whom notice was sent.
1706+14 (B) The address to which the notice was sent.
1707+15 (C) The date on which the notice was mailed.
1708+16 (b) This subsection applies only to a petition by a municipality
1709+17 under section 7 of this chapter. The municipality shall give notice of
1710+18 hearing as follows:
1711+19 (1) By publication for three (3) consecutive weeks:
1712+20 (A) with: each publication of notice in
1713+21 (i) publication in two (2) newspapers of general circulation
1714+22 in each county having land in the proposed district; or
1715+23 (ii) if there is only one (1) newspaper, publication in that
1716+24 newspaper; is sufficient; or
1717+25 (B) with the first publication of notice made in a newspaper or
1718+26 newspapers described in clause (A) and the two (2) subsequent
1719+27 publications of notice: (i) in accordance with IC 5-3-5 and (ii)
1720+28 on the official web site of the municipality.
1721+29 The first publication of notice must be at least thirty (30) days
1722+30 before the date of the hearing.
1723+31 (2) By mailing a copy of the notice at least twenty (20) days
1724+32 before the date of the hearing, first class postage prepaid, to each
1725+33 freeholder who has not signed the petition and who owns land in
1726+34 the proposed district, according to the records of the county
1727+35 auditor. The person having the notice mailed shall file an affidavit
1728+36 with the court showing the following:
1729+37 (A) The names of the persons to whom notice was sent.
1730+38 (B) The address to which the notice was sent.
1731+39 (C) The date on which the notice was mailed.
1732+40 SECTION 40. IC 14-33-5-3 IS AMENDED TO READ AS
1733+41 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Beginning
1734+42 October 24 and not later than November 1, the board shall invite
1735+2022 IN 283—LS 6912/DI 87 41
1736+1 nominations to fill vacancies on the board at the next annual meeting
1737+2 by one (1) publication:
1738+3 (1) in a newspaper of general circulation in each county in the
1739+4 district; or
1740+5 (2) in accordance with IC 5-3-5 on the official web site of the
1741+6 county or municipality.
1742+7 (b) Each publication under subsection (a) must do the following:
1743+8 (1) Contain the names of the directors whose terms are expiring
1744+9 and the area of the district involved.
1745+10 (2) Invite nominations to fill vacancies.
1746+11 (3) State the qualifications for the office as prescribed by section
1747+12 1 of this chapter, except for the following:
1748+13 (A) A nominee does not have to have been a petitioner for the
1749+14 establishment of the district.
1750+15 (B) A nominee does not have to be a resident of the area of the
1751+16 district for which nominations are invited.
1752+17 (b) (c) Nominations for director must:
1753+18 (1) be submitted to the office of the district in writing before
1754+19 December 1 following notice of vacancies; and
1755+20 (2) be signed by at least five (5) freeholders from the areas
1756+21 designated by the secretary's notice.
1757+22 (c) (d) Nominations that are mailed are valid if:
1758+23 (1) delivered or postmarked before December 1;
1759+24 (2) the envelope has sufficient United States postage; and
1760+25 (3) the envelope is addressed to the district's office.
1761+26 SECTION 41. IC 14-33-5-4 IS AMENDED TO READ AS
1762+27 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The annual
1763+28 meeting of the district must be held at the time designated by the court:
1764+29 (1) at the district's office; or
1765+30 (2) at a place in or near the district as determined by resolution of
1766+31 the board adopted before December 1 of the year.
1767+32 (b) Notice of the annual meeting of the district must be given by one
1768+33 (1) publication:
1769+34 (1) in a newspaper of general circulation in each county in the
1770+35 district; or
1771+36 (2) in accordance with IC 5-3-5 on the official web site of the
1772+37 district;
1773+38 at least fourteen (14) and not more than thirty-one (31) days before the
1774+39 annual meeting.
1775+40 (c) The notice under subsection (b) must contain the following:
1776+41 (1) The names of the nominees.
1777+42 (2) The place where the election will be held.
1778+2022 IN 283—LS 6912/DI 87 42
1779+1 (3) The time of the election.
1780+2 (4) The fact that this is the annual meeting of the district.
1781+3 (5) The purposes of the meeting.
1782+4 (6) The time during which ballots may be cast.
1783+5 SECTION 42. IC 14-33-5.4-3 IS AMENDED TO READ AS
1784+6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Within twenty
1785+7 (20) days after the order establishing the district, the board of
1786+8 commissioners of the county shall appoint the initial board of directors.
1787+9 A director shall be appointed for each of the areas in the district as
1788+10 established by the court. A director must be a freeholder of the area of
1789+11 the district for which appointed or an officer or nominee of a corporate
1790+12 freeholder of the area of the district for which appointed and must be
1791+13 qualified by knowledge and experience in matters pertaining to the
1792+14 development of the district. A majority of the directors must be resident
1793+15 freeholders of the district if available and qualified. A majority of the
1794+16 initial directors must be petitioners for the establishment of the district,
1795+17 but for this purpose an officer or nominee of a corporate freeholder of
1796+18 the district, if the corporation is one (1) of the petitioners, is considered
1797+19 a petitioner.
1798+20 (b) When vacancies on the board occur due to expiration of terms,
1799+21 resignation, or otherwise, directors shall be elected by a majority,
1800+22 written ballot vote of the freeholders of the district. Between April 24
1801+23 and May 1, the board shall invite nominations to fill vacancies on the
1802+24 board by one (1) publication:
1803+25 (1) in a newspaper of general circulation in each of the counties
1804+26 in the district; or
1805+27 (2) in accordance with IC 5-3-5 on the official web site of the
1806+28 district.
1807+29 (c) Each publication under subsection (b) must:
1808+30 (1) contain the names of the directors whose terms are expiring
1809+31 and the area of the district involved;
1810+32 (2) invite nominations to fill vacancies; and
1811+33 (3) state the qualifications for the office, that are the same as
1812+34 prescribed by subsection (a), except a nominee need not have
1813+35 been a petitioner for the establishment of the district nor a
1814+36 resident of the area of the district for which nominations are
1815+37 invited.
1816+38 (c) (d) Nominations for director must be submitted to the office of
1817+39 the district in writing before June 1 following notice of vacancies and
1818+40 must be signed by at least five (5) freeholders from the areas
1819+41 designated by the secretary's notice. Nominations that are mailed are
1820+42 valid if delivered or postmarked before June 1 if the envelope has
1821+2022 IN 283—LS 6912/DI 87 43
1822+1 sufficient U.S. postage and is addressed to the district's office.
1823+2 (d) (e) The election of directors of a district shall be held the
1824+3 Saturday or Sunday immediately before or after July 4. The board of
1825+4 directors of a district shall establish the date for the election of
1826+5 directors.
1827+6 (e) (f) Notice of the annual election of directors of the district must
1828+7 be published:
1829+8 (1) in one (1) issue of a newspaper of general circulation in each
1830+9 county in the district; or
1831+10 (2) in accordance with IC 5-3-5 on the official web site of the
1832+11 district.
1833+12 The notice must be published (1) not less than fourteen (14) days and
1834+13 (2) not more than thirty-one (31) days before the election. The notice
1835+14 must contain the names of the nominees, the place where ballots can be
1836+15 cast in the election, and the date and time of the election.
1837+16 (f) (g) Before the election, the board shall prepare the ballots and a
1838+17 list of the freeholders of the district, that must be certified by the county
1839+18 auditor and placed in the district's files. No deficiency in this process
1840+19 or omission of the names of any freeholders voids action taken at an
1841+20 annual meeting.
1842+21 (g) (h) A freeholder is entitled to only one (1) vote per freeholder.
1843+22 (h) (i) Before the election of directors, the chairman shall appoint
1844+23 three (3) or, if necessary, more freeholders of the district to act as
1845+24 clerks of the election and to conduct the election.
1846+25 (i) (j) If a district fails to conduct an election of directors as
1847+26 provided by this chapter, any interested person of the district may
1848+27 petition the board of commissioners of the county to appoint a director
1849+28 to fill vacancies. The board of commissioners of the county shall make
1850+29 its appointment within fifteen (15) days from the date the petition is
1851+30 filed.
1852+31 SECTION 43. IC 14-33-5.4-3.5, AS AMENDED BY P.L.84-2016,
1853+32 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1854+33 JULY 1, 2022]: Sec. 3.5. (a) If in the opinion of the secretary of the
1855+34 district a freehold has been divided into multiple freeholds for the sole
1856+35 purpose of increasing the number of freeholders eligible to cast a vote
1857+36 in an election under this chapter, the secretary of the district may
1858+37 determine to exclude the freeholders of those multiple freeholds from
1859+38 the list of freeholders referred to in section 3(f) 3(g) of this chapter.
1860+39 (b) The determination of the secretary of the district under
1861+40 subsection (a) may be challenged by petitioning the circuit court,
1862+41 superior court, or probate court that created the district.
1863+42 SECTION 44. IC 14-33-5.4-4 IS AMENDED TO READ AS
1864+2022 IN 283—LS 6912/DI 87 44
1865+1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The auditor of
1866+2 each county shall, at least forty-five (45) days before the election of
1867+3 directors of the district, provide the district with a current list of
1868+4 freeholders that sets forth:
1869+5 (1) each parcel of real property that is:
1870+6 (A) located within the county and the district; and
1871+7 (B) subject to property tax under IC 6-1.1; and
1872+8 (2) the name of each individual who is identified in property tax
1873+9 records as the holder of a freeholder's interest in a parcel of
1874+10 property described in subdivision (1).
1875+11 (b) To be eligible to vote in an election of directors of a district:
1876+12 (1) an individual must have a freeholder's interest in real property
1877+13 listed on the current tax list provided under subsection (a); and
1878+14 (2) the individual's name must appear on the list of freeholders
1879+15 provided under subsection (a).
1880+16 (c) Before casting a vote at a polling place, a freeholder shall sign
1881+17 the list of freeholders in the presence of the secretary of the district or
1882+18 an election clerk appointed under section 3(h) 3(i) of this chapter. The
1883+19 freeholder shall sign the list in the space opposite the name of the
1884+20 freeholder on the list.
1885+21 (d) Notwithstanding subsection (b)(2), if:
1886+22 (1) a freeholder's name does not appear on the list of freeholders;
1887+23 and
1888+24 (2) the secretary of the district or an election clerk finds that the
1889+25 freeholder's name was erroneously omitted from the list;
1890+26 the secretary or clerk shall place the freeholder's name on the list. After
1891+27 the freeholder's name is placed on the list, the freeholder is entitled to
1892+28 cast a ballot in the election.
1893+29 (e) After placing a freeholder's name on the list under subsection
1894+30 (d), the secretary or clerk shall mark the list opposite the name of the
1895+31 freeholder who cast that vote to note the receipt of a valid written ballot
1896+32 vote from the freeholder.
1897+33 SECTION 45. IC 14-33-5.4-7 IS AMENDED TO READ AS
1898+34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) At the close of an
1899+35 election, the clerks appointed under section 3(h) 3(i) of this chapter
1900+36 shall count the ballots cast and make a report of the results. The
1901+37 secretary of the district shall record the results reported by the clerks
1902+38 in the records of the district.
1903+39 (b) After the results are reported and recorded under subsection (a),
1904+40 the chairman of the board of directors shall declare the successful
1905+41 nominees elected, and each elected director is entitled to and shall
1906+42 assume all duties of the office to which the nominee was elected at
1907+2022 IN 283—LS 6912/DI 87 45
1908+1 midnight the night of the election or as soon as possible thereafter.
1909+2 SECTION 46. IC 14-33-5.4-9 IS AMENDED TO READ AS
1910+3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The annual
1911+4 meeting of the district must be held at the time designated by the court
1912+5 under IC 14-33-2-27.
1913+6 (b) The location of the annual meeting must be:
1914+7 (1) the office of the district; or
1915+8 (2) a place in or near the district as determined by resolution of
1916+9 the board adopted before December 1 of the year.
1917+10 (c) Notice of the annual meeting of the district must be published:
1918+11 (1) in one (1) issue of a newspaper of general circulation in each
1919+12 county in the district; or
1920+13 (2) in accordance with IC 5-3-5 on the official web site of the
1921+14 district.
1922+15 The notice must be published (1) not less than fourteen (14) days and
1923+16 (2) not more than thirty-one (31) days before the annual meeting.
1924+17 (d) The notice must set forth:
1925+18 (1) the fact that the meeting is the annual meeting of the district;
1926+19 and
1927+20 (2) the purposes of the meeting.
1928+21 SECTION 47. IC 14-33-6-9 IS AMENDED TO READ AS
1929+22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Upon receipt of
1930+23 the written approval of the commission, the board shall schedule a
1931+24 hearing on the drawings, specifications, and cost estimates at which
1932+25 any interested person must be heard. The hearing shall be held:
1933+26 (1) in the office of the district; or
1934+27 (2) at another place designated in the notice of hearing that is
1935+28 generally convenient to the landowners of the district.
1936+29 (b) The board shall give notice of the hearing as follows:
1937+30 (1) By at least one (1) publication:
1938+31 (A) in one (1) newspaper of general circulation in each county
1939+32 having land in the district; or
1940+33 (B) in accordance with IC 5-3-5 on the official web site of
1941+34 the district.
1942+35 (2) By mail, first class postage prepaid, to the freeholder of each
1943+36 tract of real property that will be taken or damaged by the
1944+37 construction of the works of improvements.
1945+38 (c) The notice must be published and mailed at least ten (10) days
1946+39 before the date of hearing.
1947+40 SECTION 48. IC 14-33-10-2, AS AMENDED BY P.L.152-2021,
1948+41 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1949+42 JULY 1, 2022]: Sec. 2. (a) The board shall give notice by publication
1950+2022 IN 283—LS 6912/DI 87 46
1951+1 once a week for two (2) successive weeks:
1952+2 (1) with each publication of notice:
1953+3 (A) in:
1954+4 (A) two (2) newspapers of general circulation in each county
1955+5 having land in the district; or
1956+6 (B) in one (1) newspaper in the county if there is only one (1)
1957+7 newspaper of general circulation; or
1958+8 (2) with the first publication of notice in the newspaper or
1959+9 newspapers as provided in subdivision (1), and the second
1960+10 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
1961+11 the official web site of the district.
1962+12 The notice shall state the date that assessments are due and payable not
1963+13 later than sixty (60) days after the date of the last publication.
1964+14 (b) Payment of assessments shall be made at:
1965+15 (1) the office of the board; or
1966+16 (2) if the court orders, the offices of the treasurers of the counties.
1967+17 (c) The owners of real property assessed for exceptional benefits are
1968+18 entitled to make payment in full unless exceptional benefits are
1969+19 assessed annually and paid with special benefits taxes to the county
1970+20 treasurer. If payment is made in full, the board shall do the following:
1971+21 (1) Note the payment in the assessment roll in the board's office.
1972+22 (2) Give a receipt to the landowner paying the assessment.
1973+23 (3) Enter satisfaction of the lien of the assessment in the
1974+24 appropriate record in the office of the recorder where the
1975+25 assessment is recorded.
1976+26 (d) The payment of the assessment does not relieve the real property
1977+27 from being subject to the following:
1978+28 (1) A special benefits tax.
1979+29 (2) An annual assessment for maintenance and operation based
1980+30 upon the original exceptional benefit assessment.
1981+31 SECTION 49. IC 14-33-16-5, AS AMENDED BY P.L.152-2021,
1982+32 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1983+33 JULY 1, 2022]: Sec. 5. (a) Within ten (10) days after the board certifies
1984+34 to the court, the board shall fix the following:
1985+35 (1) A convenient and suitable place for the election.
1986+36 (2) The date for the election not less than fifteen (15) and not
1987+37 more than thirty (30) days after the last publication of notice.
1988+38 (b) The voting place must open at 9 a.m. local time and remain open
1989+39 for balloting continuously until 9 p.m. local time. However, if the
1990+40 district contains freeholds too numerous for freeholder balloting at a
1991+41 single voting place while allowing each freeholder a reasonable time
1992+42 but not exceeding two (2) minutes to cast a ballot, the board shall fix
1993+2022 IN 283—LS 6912/DI 87 47
1994+1 and arrange for multiple voting places as appears necessary to
1995+2 accommodate the freeholders eligible to vote.
1996+3 (c) Notice of the time, place, and purpose for the election must be
1997+4 given on the same day of each week for two (2) consecutive weeks:
1998+5 (1) with each publication of notice in an English language
1999+6 newspaper of general circulation published in each county having
2000+7 land in the district; or
2001+8 (2) with the first publication of notice made in the newspaper or
2002+9 newspapers described in subdivision (1), and the second
2003+10 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
2004+11 the official web site of the district.
2005+12 SECTION 50. IC 14-33-16.5-6, AS AMENDED BY P.L.152-2021,
2006+13 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2007+14 JULY 1, 2022]: Sec. 6. (a) Not later than ten (10) days after receipt of
2008+15 a notice under section 5 of this chapter, the board of directors of the
2009+16 smaller district shall fix the following:
2010+17 (1) A convenient and suitable place for the smaller district's
2011+18 election.
2012+19 (2) The date for the election that is at least sixty (60) days after
2013+20 the date on which the county auditor notifies the smaller district's
2014+21 board under section 5 of this chapter.
2015+22 (b) The voting place must open at 9 a.m. local time and remain open
2016+23 for balloting continuously until 9 p.m. local time. If the number of
2017+24 freeholders in the smaller district is too great for balloting at a single
2018+25 voting place while allowing each freeholder a reasonable time to cast
2019+26 a ballot, the board shall arrange for the number of voting places
2020+27 necessary to accommodate the freeholders eligible to vote.
2021+28 (c) Notice of the date, time, place, and purpose of the election must
2022+29 be given for two (2) consecutive weeks by publication:
2023+30 (1) with each publication of notice in an English language
2024+31 newspaper of general circulation published in each county having
2025+32 land in the smaller district; or
2026+33 (2) with the first publication of notice in the newspaper or
2027+34 newspapers described in subdivision (1), and the second
2028+35 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
2029+36 the official web site of the smaller district.
2030+37 The last publication may not be less than fifteen (15) days and not more
2031+38 than thirty (30) days before the date of the election.
2032+39 (d) The board of directors of the smaller district shall also cause
2033+40 individual notice of the election to be given to all the smaller district's
2034+41 freeholders by first class mail.
2035+42 (e) The notice published under subsection (c) and the individual
2036+2022 IN 283—LS 6912/DI 87 48
2037+1 freeholder notice mailed under subsection (d) must be in the following
2038+2 form:
2039+3 Notice of a Dissolution and Assumption Election
2040+4 to the Freeholders of the _______________
2041+5 (insert smaller district) Conservancy District
2042+6 1. You are a freeholder (i.e. a real property owner) of the
2043+7 _______________ (insert smaller district) Conservancy District. As a
2044+8 freeholder, you are one of the owners of the _______________ (insert
2045+9 smaller district) Conservancy District.
2046+10 2. A legally required number of the freeholders of the
2047+11 _______________ (insert smaller district) Conservancy District has
2048+12 filed a petition with the _______________ (insert county name)
2049+13 County Auditor requesting that the _______________ (insert smaller
2050+14 district) Conservancy District be dissolved, and that the operation,
2051+15 obligations, and assets of the _____________ (insert smaller district)
2052+16 Conservancy District be assumed by the _____________ (insert larger
2053+17 district) Conservancy District.
2054+18 3. The _______________ (insert larger district) Conservancy District
2055+19 is contiguous to, has the same purpose as, and has a greater number of
2056+20 freeholders than the _______________ (insert smaller district)
2057+21 Conservancy District.
2058+22 4. The Board of Directors of the _______________ (insert larger
2059+23 district) Conservancy District has passed a resolution stating:
2060+24 A. That the _______________ (insert larger district) Conservancy
2061+25 District is willing to assume the operation, obligations, and assets
2062+26 of the _______________ (insert smaller district) Conservancy
2063+27 District; and
2064+28 B. That upon becoming part of the _______________ (insert
2065+29 larger district) Conservancy District, the freeholders of the
2066+30 _______________ (insert smaller district) Conservancy District
2067+31 will become full and equal freeholders of the _______________
2068+32 (insert larger district) Conservancy District and be subject to and
2069+33 pay the same special benefits taxes and user charges generally
2070+34 charged by the (insert larger district) Conservancy District.
2071+35 5. An election of the freeholders of the _______________ (insert
2072+36 smaller district) Conservancy District is set for the day of
2073+37 ___________, ____, from 9:00 a.m. to 9:00 p.m., at the following
2074+38 location(s): __________________.
2075+39 6. The question presented for the election is whether the
2076+40 _______________ (insert smaller district) Conservancy District should
2077+41 be dissolved, and whether the _______________ (insert larger district)
2078+42 Conservancy District should assume the operations, obligations, and
2079+2022 IN 283—LS 6912/DI 87 49
2080+1 assets of the ________________ (insert smaller district) Conservancy
2081+2 District.
2082+3 7. A majority of the votes cast at the election will determine the
2083+4 question of whether the _______________ (insert smaller district)
2084+5 Conservancy District should be dissolved, and whether the
2085+6 _______________ (insert larger district) Conservancy District should
2086+7 assume the operations, obligations, and assets of the _______________
2087+8 (insert smaller district) Conservancy District.
2088+9 8. As a freeholder of the _______________ (insert smaller district)
2089+10 Conservancy District, you are entitled to and encouraged to vote at the
2090+11 election.
2091+12 /ss/ Board of Directors, _______________
2092+13 (insert smaller district) Conservancy District
2093+14 (f) If the board of directors of the smaller district fails to hold the
2094+15 election as required by this chapter, the county auditor of the county in
2095+16 which the smaller district's petition was filed shall:
2096+17 (1) conduct the election as required by this chapter; and
2097+18 (2) bill the board of directors of the smaller district for the county
2098+19 auditor's costs incurred for the election.
2099+20 (g) The board of directors of the smaller district shall promptly pay
2100+21 a bill submitted to the smaller district under subsection (f).
2101+22 SECTION 51. IC 14-33-17-7, AS AMENDED BY P.L.152-2021,
2102+23 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2103+24 JULY 1, 2022]: Sec. 7. The petitioners shall give notice of the time,
2104+25 place, and purpose for the election:
2105+26 (1) by publication for two (2) consecutive weeks: (A) with each
2106+27 publication of notice on the same day of each week
2107+28 (A) in an English language newspaper of general circulation
2108+29 published in the county; or
2109+30 (B) with the first publication of notice made in the newspaper
2110+31 described in clause (A), and the second publication of notice:
2111+32 (i) in accordance with IC 5-3-5 and (ii) on the official web site
2112+33 of the county; and
2113+34 (2) by mail at least twenty (20) days before the date of the
2114+35 election, first class postage prepaid, to each freeholder who has
2115+36 not signed the petition and who owns land in the proposed district
2116+37 according to the records of the county auditor.
2117+38 SECTION 52. IC 14-33-22-9 IS AMENDED TO READ AS
2118+39 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) A schedule may
2119+40 be established or changed only after a public hearing at which:
2120+41 (1) all persons using the works or owning real property served or
2121+42 to be served by the works; and
2122+2022 IN 283—LS 6912/DI 87 50
2123+1 (2) other interested persons;
2124+2 have an opportunity to be heard concerning the proposed schedule.
2125+3 (b) After adoption of a resolution fixing the schedule and before the
2126+4 resolution is put into effect, notice of the hearing shall be given by one
2127+5 (1) publication:
2128+6 (1) in a newspaper having general circulation in the district; or
2129+7 (2) in accordance with IC 5-3-5 on the official web site of the
2130+8 district;
2131+9 at least ten (10) days before the date fixed in the notice for the hearing.
2132+10 The hearing may be adjourned as needed.
2133+11 SECTION 53. IC 14-34-6-7, AS AMENDED BY P.L.152-2021,
2134+12 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2135+13 JULY 1, 2022]: Sec. 7. (a) After a permit is issued, the permittee may
2136+14 apply to the director for the release of all or part of the bond or deposit.
2137+15 As part of the bond release application, the permittee must do the
2138+16 following:
2139+17 (1) Submit copies of letters that the permittee has sent by certified
2140+18 mail to:
2141+19 (A) adjoining property owners;
2142+20 (B) local government bodies;
2143+21 (C) planning agencies;
2144+22 (D) sewage and water treatment authorities; or
2145+23 (E) water companies;
2146+24 in the county in which the surface coal mining and reclamation
2147+25 operation is located notifying the entities of the bond release
2148+26 application.
2149+27 (2) Within thirty (30) days after filing the bond release
2150+28 application, submit a copy of an advertisement placed at least one
2151+29 (1) time a week for four (4) successive weeks in a newspaper of
2152+30 general circulation in the county in which the surface coal mining
2153+31 and reclamation operation is located. The advertisement must
2154+32 contain the following:
2155+33 (A) A notification of the precise location of the land affected.
2156+34 (B) The number of acres.
2157+35 (C) The permit and the date of approval.
2158+36 (D) The amount of the bond filed and the part sought to be
2159+37 released.
2160+38 (E) The type and appropriate dates of reclamation work
2161+39 performed.
2162+40 (F) A description of the results achieved relating to the
2163+41 operator's approved reclamation plan.
2164+42 (b) The director may initiate an application for the release of a bond.
2165+2022 IN 283—LS 6912/DI 87 51
2166+1 If a bond release application is initiated by the director, the department
2167+2 shall perform the notification and certification requirements otherwise
2168+3 imposed on the permittee under this section and section 8 of this
2169+4 chapter. However, the department may provide notice by publication
2170+5 under subsection (a)(2):
2171+6 (1) with each publication of notice in the newspaper described in
2172+7 subsection (a)(2); or
2173+8 (2) with the first publication of notice in the newspaper described
2174+9 in subsection (a)(2) and the three (3) subsequent publications of
2175+10 notice: (A) in accordance with IC 5-3-5 and (B) on the official
2176+11 web site of the county in which the surface coal mining and
2177+12 reclamation operation is located.
2178+13 SECTION 54. IC 14-34-6-11, AS AMENDED BY P.L.152-2021,
2179+14 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2180+15 JULY 1, 2022]: Sec. 11. (a) If written objections are filed and a hearing
2181+16 requested under section 10 of this chapter, the director shall do the
2182+17 following:
2183+18 (1) Inform all the interested parties of the date, time, and location
2184+19 of the hearing.
2185+20 (2) Publish notice of the information one (1) time each week for
2186+21 two (2) consecutive weeks:
2187+22 (A) with each publication of notice in a newspaper of general
2188+23 circulation in the county where the surface coal mining and
2189+24 reclamation operation proposed for bond release is located; or
2190+25 (B) with the first publication of notice in the newspaper
2191+26 described in clause (A) and the second publication of notice:
2192+27 (i) in accordance with IC 5-3-5 and (ii) on the official web site
2193+28 of the county where the surface coal mining and reclamation
2194+29 operation proposed for bond release is located.
2195+30 (b) The director shall hold the public hearing in accordance with
2196+31 IC 14-34-4-5:
2197+32 (1) in the county where the surface coal mining and reclamation
2198+33 operation proposed for bond release is located; or
2199+34 (2) at the state capital;
2200+35 at the option of the objector, within thirty (30) days of the request for
2201+36 the hearing.
2202+37 (c) At a hearing held under this section, the director may inspect the
2203+38 land affected and other surface coal mining operations carried on by
2204+39 the applicant in the vicinity.
2205+40 (d) The director shall notify the permittee in writing of the decision
2206+41 and findings of the hearing within thirty (30) days of the completion of
2207+42 the hearing.
2208+2022 IN 283—LS 6912/DI 87 52
2209+1 (e) The director's decision is subject to IC 4-21.5.
2210+2 SECTION 55. IC 15-14-7-3, AS AMENDED BY P.L.86-2008,
2211+3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2212+4 JULY 1, 2022]: Sec. 3. (a) The president or secretary of a 4-H club
2213+5 described in section 2 of this chapter may file a petition signed by at
2214+6 least thirty (30) resident freeholders of the county with the county
2215+7 auditor of the county requesting that the executive make an
2216+8 appropriation provided for in section 2 of this chapter.
2217+9 (b) The county auditor shall have the petition, without the
2218+10 signatures, published:
2219+11 (1) printed in a newspaper of general circulation that is published
2220+12 in the county; or
2221+13 (2) in accordance with IC 5-3-5 on the official web site of the
2222+14 district.
2223+15 (c) The notice must state the date and time when the petition will be
2224+16 considered by the executive. The auditor shall set the date, time, and
2225+17 place at which the petition will be considered, which must be at least
2226+18 thirty (30) days after the publication of the notice.
2227+19 (d) If not later than the date and time published in the notice for the
2228+20 consideration of the petition by the executive, a remonstrance signed
2229+21 by more resident freeholders of the county than the number signing the
2230+22 petition is filed with the county auditor protesting the allowance, the
2231+23 executive shall consider the remonstrance. If the executive finds that
2232+24 the remonstrance is signed by a greater number of resident freeholders
2233+25 than the petition asking for an allowance, the executive:
2234+26 (1) may not make an appropriation for the purposes set forth in
2235+27 section 2 of this chapter; and
2236+28 (2) shall dismiss the petition and take no further action.
2237+29 (e) After final acceptance by the executive, a petition under this
2238+30 section is effective for one (1) to five (5) years, as determined by the
2239+31 executive.
2240+32 SECTION 56. IC 16-22-6-18 IS AMENDED TO READ AS
2241+33 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) When the
2242+34 authority, the governing board of the hospital, the county executive,
2243+35 and a majority of the county fiscal body of the county have agreed upon
2244+36 the terms and conditions of a lease proposed to be entered into under
2245+37 the terms and conditions of this chapter and before the final execution
2246+38 of the lease, the county auditor shall publish notice of a public hearing
2247+39 to be held in the county by the county executive not less than ten (10)
2248+40 days after the publication of the notice. The notice of the hearing shall
2249+41 be published one (1) time:
2250+42 (1) in a newspaper of general circulation printed in the English
2251+2022 IN 283—LS 6912/DI 87 53
2252+1 language and published in the county; or
2253+2 (2) in accordance with IC 5-3-5 on the official web site of the
2254+3 county.
2255+4 (b) The notice must:
2256+5 (1) name the day, place, and hour of the hearing; and
2257+6 (2) must set forth a brief summary of the principal terms of the
2258+7 lease, including:
2259+8 (A) a description of the property to be leased;
2260+9 (B) the lease rental; and
2261+10 (C) the term of the lease; and
2262+11 where the proposed lease, drawings, plans, specifications, and
2263+12 estimates may be examined.
2264+13 (c) The proposed lease and the drawings, plans, specifications, and
2265+14 estimates of construction cost for the building shall be open to
2266+15 inspection by the public during the ten (10) day notice period and at the
2267+16 meeting. All persons have a right to be heard at the meeting on the
2268+17 necessity for the lease and whether the lease rental is fair and
2269+18 reasonable. The hearing may be adjourned to a later date or dates and
2270+19 to a place fixed before the adjournment.
2271+20 SECTION 57. IC 16-22-6-20, AS AMENDED BY P.L.146-2008,
2272+21 SECTION 434, IS AMENDED TO READ AS FOLLOWS
2273+22 [EFFECTIVE JULY 1, 2022]: Sec. 20. (a) If the execution of the
2274+23 original or a modified lease is authorized, notice of the signing shall be
2275+24 published on behalf of the county one (1) time:
2276+25 (1) in a newspaper of general circulation and published in the
2277+26 county; or
2278+27 (2) in accordance with IC 5-3-5 on the official web site of the
2279+28 county.
2280+29 Except as provided in subsection (b), at least ten (10) taxpayers in the
2281+30 county whose tax rate will be affected by the proposed lease may file
2282+31 a petition with the county auditor not more than thirty (30) days after
2283+32 publication of notice of the execution of the lease. The petition must set
2284+33 forth the objections to the lease and facts showing that the execution of
2285+34 the lease is unnecessary or unwise or that the lease rental is not fair and
2286+35 reasonable.
2287+36 (b) The authority for taxpayers to object to a proposed lease
2288+37 described in subsection (a) does not apply if the authority complies
2289+38 with the procedures for the issuance of bonds and other evidences of
2290+39 indebtedness described in IC 6-1.1-20.
2291+40 SECTION 58. IC 16-22-6-27, AS AMENDED BY P.L.38-2021,
2292+41 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2293+42 JULY 1, 2022]: Sec. 27. (a) As used in this section, "contributing
2294+2022 IN 283—LS 6912/DI 87 54
2295+1 county" means a county without a county hospital that is contiguous to
2296+2 a county with a county hospital.
2297+3 (b) As used in this section, "lessee county" means a county with a
2298+4 county hospital.
2299+5 (c) A contributing county may enter into an agreement with a lessee
2300+6 county to reimburse the lessee county for a part of the lease rental each
2301+7 year that is payable by the lessee county upon compliance with this
2302+8 section.
2303+9 (d) If the county executive of the contributing county finds that the
2304+10 hospital of the lessee county serves the residents of the contributing
2305+11 county and provides needed hospital services to such residents, the
2306+12 county executive may prepare a contribution agreement. Before final
2307+13 execution of the agreement, the auditor of the contributing county shall
2308+14 publish notice of a public hearing to be held in the contributing county
2309+15 by the county executive not less than ten (10) days after publication of
2310+16 the notice. The notice shall be published one (1) time:
2311+17 (1) in a newspaper of general circulation and published in the
2312+18 contributing county; or
2313+19 (2) in accordance with IC 5-3-5 on the official web site of the
2314+20 district.
2315+21 The notice must name the day, place, and hour of the hearing and must
2316+22 set forth a summary of the provisions of agreement as to the amount to
2317+23 be paid each year during the term of the lease by the contributing
2318+24 county and where a copy of the proposed agreement may be examined.
2319+25 All persons interested are entitled to be heard at the time fixed on the
2320+26 necessity for the execution of the agreement. The hearing may be
2321+27 adjourned to a later date at a place fixed before adjournment.
2322+28 (e) Following the hearing, if a majority of the county fiscal body of
2323+29 the contributing county approve the execution of the agreement, the
2324+30 county executive may authorize the execution of the original agreement
2325+31 or may make the modifications agreed upon with the county fiscal
2326+32 body. The authorization shall be by an order entered in the official
2327+33 records of the county executive. The agreement shall be executed:
2328+34 (1) on behalf of the contributing county by at least a majority of
2329+35 the members of the county executive; and
2330+36 (2) on behalf of the lessee county by at least a majority of the
2331+37 members of the county executive.
2332+38 (f) If the execution of the original or modified contribution
2333+39 agreement is authorized, notice of the signing shall be published on
2334+40 behalf of the contributing county by publication one (1) time:
2335+41 (1) in a newspaper of general circulation and published in the
2336+42 contributing county; or
2337+2022 IN 283—LS 6912/DI 87 55
2338+1 (2) in accordance with IC 5-3-5 on the official web site of the
2339+2 contributing county.
2340+3 At least ten (10) taxpayers in the contributing county whose tax rate
2341+4 will be affected by the proposed agreement may file a petition with the
2342+5 county auditor of the contributing county not more than thirty (30) days
2343+6 after publication of notice of the execution of the agreement. The
2344+7 petition must set forth the objections to the contribution agreement and
2345+8 facts showing that the execution of the contribution agreement is
2346+9 unnecessary and unwise or that the amount of contribution is excessive.
2347+10 On the filing of the petition, the county auditor shall immediately
2348+11 certify a copy together with other data necessary to present the
2349+12 questions involved to the department of local government finance. The
2350+13 department of local government finance shall fix a time in the county
2351+14 for the hearing not less than five (5) or not more than fifteen (15) days
2352+15 after receipt of the certified petition and information. The department
2353+16 of local government finance may either hold the hearing in the affected
2354+17 county or through electronic means. Notice of the hearing shall be
2355+18 given by the department of local government finance to the county
2356+19 executive and to the first ten (10) taxpayer petitioners by certified mail
2357+20 sent to the addresses listed on the petition, at least five (5) days before
2358+21 the date of the hearing.
2359+22 (g) An action to contest the validity of the contribution agreement
2360+23 or to enjoin the performance of the agreement may not be instituted
2361+24 later than thirty (30) days after publication of notice of the execution
2362+25 of the agreement or, if an appeal has been taken to the department of
2363+26 local government finance, not more than thirty (30) days after the
2364+27 decision of the board.
2365+28 (h) A contribution agreement may extend for the full term of the
2366+29 lease or for any part and may provide for reimbursement by the
2367+30 contributing county to the lessee county of a part of the lease rental
2368+31 each year in an amount and upon terms and conditions agreed on
2369+32 between the contributing county and the lessee county. The
2370+33 contributing county shall annually levy a tax sufficient to produce each
2371+34 year the necessary funds sufficient to reimburse the lessee county as
2372+35 provided in the contribution agreement. The tax levies provided for in
2373+36 this section shall be reviewable by other bodies vested by law with the
2374+37 authority to ascertain that the levies are sufficient to raise the required
2375+38 payments under the contribution agreement. The annual contribution
2376+39 shall be paid semiannually to the lessee county before the date lease
2377+40 rental payments are due from the lessee county.
2378+41 SECTION 59. IC 16-22-6-29 IS AMENDED TO READ AS
2379+42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 29. (a) The governing
2380+2022 IN 283—LS 6912/DI 87 56
2381+1 board may issue revenue bonds of the authority to procure funds to pay
2382+2 the cost of a building to be built, acquired, renovated, or acquired and
2383+3 renovated under this chapter, and to repay advances for preliminary
2384+4 expenses made to the authority by the county. The bonds are payable
2385+5 solely from the income and revenues of the particular building financed
2386+6 from the proceeds of the bonds issued.
2387+7 (b) The revenue bonds must be authorized by resolution of the
2388+8 governing board. The resolution must provide the following:
2389+9 (1) The rate of interest that the bonds will pay if the rate is fixed,
2390+10 and the manner in which the interest rate will be determined if
2391+11 rates are variable.
2392+12 (2) The maturity date of the bonds, which may not exceed the
2393+13 term of the lease of the building for which the bonds were issued.
2394+14 (3) The extent and the manner that bonds bearing variable interest
2395+15 rates may be converted to bonds bearing a fixed rate of interest.
2396+16 (4) The terms of redemption, including a provision that bonds
2397+17 maturing later than ten (10) years after issuance are, at the option
2398+18 of the authority to be exercised by the board, redeemable before
2399+19 maturity at the par value together with premiums.
2400+20 (5) The form of the bonds, including the interest coupons to be
2401+21 attached, if any.
2402+22 (6) The denominations of the bonds.
2403+23 (7) The time and places of payment of principal and interest of the
2404+24 bonds, which must be at least one (1) state or national bank or
2405+25 trust company.
2406+26 (8) That the principal and interest may be paid in any lawful
2407+27 medium.
2408+28 (c) Subject to registration provisions, the bonds have the qualities
2409+29 of negotiable instruments under IC 26 and the bonds are legal
2410+30 investments for a private trust fund and the funds of any banks, trust
2411+31 companies, insurance companies, building and loan associations, credit
2412+32 unions, banks of discount and deposit, savings banks, loan and trust
2413+33 safe deposit companies, rural loan and savings associations, guaranty
2414+34 loan and savings associations, mortgage guaranty companies, small
2415+35 loan companies, industrial loan and investment companies, and other
2416+36 financial institutions organized under the laws of the state.
2417+37 (d) The bonds may be registered in the name of the owner. The
2418+38 bonds shall be executed by the president or vice president of the board
2419+39 of directors. The corporate seal of the authority shall be affixed and
2420+40 attested by the secretary of the board of directors, and the interest
2421+41 coupons attached to the bonds, if any, shall be executed by placing on
2422+42 the coupons the facsimile signature of the treasurer.
2423+2022 IN 283—LS 6912/DI 87 57
2424+1 (e) Except as provided in subsection (f), the bonds shall be sold by
2425+2 the governing board at public sale under IC 5-1-11, but the notice of
2426+3 sale shall be published in the manner required for bonds of the county
2427+4 in which the authority is located. Notwithstanding IC 5-1-11-3(c),
2428+5 bonds bearing a variable rate of interest shall be awarded to the bidder
2429+6 offering the best bid in the judgment of the board.
2430+7 (f) If the aggregate principal amount of bonds to be issued at any
2431+8 one (1) time exceeds ten million dollars ($10,000,000), the bonds may
2432+9 be sold at public or private sale at a price the governing board
2433+10 determines. If the bonds are sold at public sale, the governing board
2434+11 shall follow the guidelines set forth in subsection (e). If the bonds are
2435+12 sold at private sale, the governing board shall, before selecting a person
2436+13 with whom to negotiate the sale of the bonds:
2437+14 (1) solicit and obtain written proposals from at least three (3)
2438+15 persons regularly engaged in the business of underwriting bonds;
2439+16 or
2440+17 (2) publish notice of intent to receive written proposals one (1)
2441+18 time:
2442+19 (A) in:
2443+20 (i) a newspaper or financial journal having general
2444+21 circulation in Indianapolis; or
2445+22 (ii) accordance with IC 5-3-5 on the official web site of
2446+23 the county in which the authority is located; and
2447+24 (B) a newspaper or financial journal having national
2448+25 circulation.
2449+26 (g) The governing board shall allow each person at least fourteen
2450+27 (14) days from the date of solicitation or publication to formulate,
2451+28 prepare, and submit a proposal. The board of directors shall select the
2452+29 proposal that the board, in the board's sole discretion, determines to be
2453+30 in the best interest of the authority.
2454+31 SECTION 60. IC 16-22-8-55 IS AMENDED TO READ AS
2455+32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 55. (a) The corporation
2456+33 may borrow money on promissory notes issued in the corporation's
2457+34 name, as a municipal corporation, from recognized lending institutions,
2458+35 and pledge as security unlimited ad valorem taxes levied by the
2459+36 corporation and collected on all taxable property within the jurisdiction
2460+37 of the corporation. It is the duty of all officials and bodies with control
2461+38 or discretion over the levying of taxes for the corporation to see that
2462+39 sufficient levies are made to meet the principal and interest on
2463+40 promissory notes. The promissory notes issued under this section shall
2464+41 be treated for taxation purposes the same as bonds issued by a
2465+42 municipal corporation in accordance with IC 6-8-5-1.
2466+2022 IN 283—LS 6912/DI 87 58
2467+1 (b) Funds obtained by the method provided in this section shall be
2468+2 limited in use to the payment of lease rental for medical, surgical, and
2469+3 related equipment used by the corporation when the board determines
2470+4 that leasing the equipment is more practical and economical than
2471+5 purchasing. The decision to lease rather than purchase is within the
2472+6 sole discretion of the board.
2473+7 (c) The length, terms, and conditions of promissory notes issued
2474+8 under this section are subject to negotiation between the board or the
2475+9 board's representative and the lending institutions bidding. Before
2476+10 entering into negotiations for the loan, the board of trustees shall
2477+11 publish a notice one (1) time:
2478+12 (1) in a newspaper of general circulation in the health and hospital
2479+13 corporation; or
2480+14 (2) in accordance with IC 5-3-5 on the official web site of the
2481+15 consolidated city;
2482+16 naming a date not less than seven (7) days after the publication of
2483+17 notice on which the board will receive and consider proposals from
2484+18 lending institutions for the making of the loan.
2485+19 (d) After determination of the board to borrow and to issue
2486+20 promissory notes, and after a determination of the best proposal
2487+21 submitted by lending institutions, the board shall give notice of the
2488+22 board's determination to borrow and to issue promissory notes in the
2489+23 manner provided by IC 6-1.1-20. The taxpayers have the right to appeal
2490+24 the determination to the department of local government finance in the
2491+25 manner and within the time provided in IC 6-1.1-20.
2492+26 SECTION 61. IC 20-23-4-13, AS ADDED BY P.L.1-2005,
2493+27 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2494+28 JULY 1, 2022]: Sec. 13. (a) When a county committee has prepared its
2495+29 preliminary written plans for reorganization of school corporations, the
2496+30 committee shall fix dates and places for one (1) or more hearings on the
2497+31 plans and give notice of the hearings to the residents of the school
2498+32 corporations affected and all interested parties. The county committee
2499+33 may hold more than one (1) hearing. The chairperson of the county
2500+34 committee shall give the notice (1) by publication at least one (1) time:
2501+35 (1) in:
2502+36 (A) one (1) newspaper of general circulation published in the
2503+37 school corporation or corporations; or
2504+38 (2) (B) if a newspaper is not published in the school
2505+39 corporation or corporations, in a newspaper having a general
2506+40 circulation in the school corporation or corporations; or
2507+41 (2) in accordance with IC 5-3-5 on the official web site of the
2508+42 county;
2509+2022 IN 283—LS 6912/DI 87 59
2510+1 at least ten (10) days but not more than thirty (30) days before the date
2511+2 of the hearing.
2512+3 (b) At the hearing:
2513+4 (1) the county committee shall:
2514+5 (A) explain the proposed reorganization plan;
2515+6 (B) summarize the educational improvements adoption of the
2516+7 plan will make possible; and
2517+8 (C) if the proposed reorganization includes division of an
2518+9 existing school corporation, state the adjustment proposed for:
2519+10 (i) property;
2520+11 (ii) assets;
2521+12 (iii) debts; and
2522+13 (iv) other liabilities; and
2523+14 (2) any resident of the county or of any affected school
2524+15 corporation in an adjoining county may be heard with reference
2525+16 to:
2526+17 (A) the proposed plan; or
2527+18 (B) an alternative plan.
2528+19 SECTION 62. IC 20-23-5-9, AS AMENDED BY P.L.152-2021,
2529+20 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2530+21 JULY 1, 2022]: Sec. 9. (a) The notice by publication required by
2531+22 section 8 of this chapter shall be made two (2) times a week apart:
2532+23 (1) with each notice by publication in two (2) daily newspapers of
2533+24 general circulation, published in the English language and of
2534+25 general circulation in the acquiring school corporation and in the
2535+26 losing school corporation; or
2536+27 (2) with the first publication of notice in the newspapers
2537+28 described in subdivision (1) and the second publication of notice:
2538+29 (A) in accordance with IC 5-3-5 and (B) on the official web sites
2539+30 of the acquiring school corporation and the losing school
2540+31 corporation;
2541+32 at least ten (10) days but not more than thirty (30) days before the
2542+33 date of the hearing.
2543+34 (b) If there is only one (1) or no daily newspaper in either school
2544+35 corporation, a weekly newspaper may be used.
2545+36 (c) If there is only one (1) daily or weekly newspaper, publication
2546+37 in the newspaper is sufficient.
2547+38 (d) If a newspaper is of general circulation in both the acquiring
2548+39 school corporation and the losing school corporation, publication in the
2549+40 newspaper qualifies as one (1) of the required publications in the
2550+41 acquiring school corporation and the losing school corporation.
2551+42 (e) Publication in a newspaper may be made jointly by the losing
2552+2022 IN 283—LS 6912/DI 87 60
2553+1 school corporation and acquiring school corporation.
2554+2 (f) The remonstrance period runs from the second publication.
2555+3 SECTION 63. IC 20-23-6-3, AS AMENDED BY P.L.152-2021,
2556+4 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2557+5 JULY 1, 2022]: Sec. 3. (a) If the governing bodies of at least two (2)
2558+6 school corporations desire to consolidate school corporations, the
2559+7 governing bodies may meet together and adopt a joint resolution
2560+8 declaring intention to consolidate school corporations. The resolution
2561+9 must set out the following information concerning the proposed
2562+10 consolidation:
2563+11 (1) The name of the proposed new school corporation.
2564+12 (2) The number of members on the governing body and the
2565+13 manner in which they shall be elected or appointed.
2566+14 (A) If members are to be elected, the resolution must provide
2567+15 for:
2568+16 (i) the manner of the nomination of members;
2569+17 (ii) who shall constitute the board of election
2570+18 commissioners;
2571+19 (iii) who shall appoint inspectors, judges, clerks, and
2572+20 sheriffs; and
2573+21 (iv) any other provisions desirable in facilitating the
2574+22 election.
2575+23 (B) Where applicable and not in conflict with the resolution,
2576+24 the election is governed by the general election laws of
2577+25 Indiana, including the registration laws.
2578+26 (3) Limitations on residences, term of office, and other
2579+27 qualifications required of the members of the governing body. A
2580+28 resolution may not provide for an appointive or elective term of
2581+29 more than four (4) years. A member may succeed himself or
2582+30 herself in office.
2583+31 (4) Names of present school corporations that are to be merged
2584+32 together as a consolidated school corporation.
2585+33 In addition, the resolution may specify the time when the consolidated
2586+34 school corporation comes into existence.
2587+35 (b) The number of members on the governing body as provided in
2588+36 the resolution may not be less than three (3) or more than seven (7).
2589+37 However, the joint resolution may provide for a board of nine (9)
2590+38 members if the proposed consolidated school corporation is formed out
2591+39 of two (2) or more school corporations that:
2592+40 (1) have entered into an interlocal agreement to construct and
2593+41 operate a joint high school; or
2594+42 (2) are operating a joint high school that has an enrollment of at
2595+2022 IN 283—LS 6912/DI 87 61
2596+1 least six hundred (600) in grades 9 through 12 at the time the joint
2597+2 resolution is adopted.
2598+3 (c) The members of the governing body shall, after adopting a joint
2599+4 resolution, give notice by publication once each week for two (2)
2600+5 consecutive weeks (1) with each notice by publication:
2601+6 (1) in:
2602+7 (A) a newspaper of general circulation, if any, in each of the
2603+8 school corporations; or
2604+9 (B) if a newspaper is not published in the school corporation,
2605+10 publication shall be made in the nearest newspaper published
2606+11 in the county in which the school corporation is located; or
2607+12 (2) with the first publication of notice in the newspaper or
2608+13 newspapers as provided in subdivision (1) and the second
2609+14 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
2610+15 the official web sites of each of the school corporations.
2611+16 (d) The governing bodies of school corporations shall hold a public
2612+17 meeting one (1) week after the date of the appearance of the last
2613+18 publication of notice of intention to consolidate.
2614+19 (e) If a protest has not been filed, as provided in this chapter, the
2615+20 governing bodies shall declare by joint resolution the consolidation of
2616+21 the school corporations to be accomplished, to take effect as provided
2617+22 in section 8 of this chapter. However, on or before the sixth day
2618+23 following the last publication of the notice of intention to consolidate,
2619+24 twenty percent (20%) of the legal voters residing in any school
2620+25 corporation may petition the governing body of the school corporations
2621+26 for an election to determine whether or not the majority of the voters
2622+27 of the school corporation is in favor of consolidation.
2623+28 SECTION 64. IC 20-23-6-5, AS AMENDED BY P.L.152-2021,
2624+29 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2625+30 JULY 1, 2022]: Sec. 5. (a) If a petition is filed in one (1) or more of the
2626+31 school corporations protesting consolidation as provided in this chapter
2627+32 by the legal voters of any school corporation the governing body of
2628+33 which proposes to consolidate, the governing body in each school
2629+34 corporation in which a protest petition is filed shall certify the public
2630+35 question to each county election board of the county in which the
2631+36 school corporation is located. The county election board shall call an
2632+37 election of the voters of the school corporation to determine if a
2633+38 majority of the legal voters of the corporation is in favor of
2634+39 consolidating the school corporations.
2635+40 (b) If a protest is filed in more than one (1) school corporation, the
2636+41 elections shall be held on the same day. Each county election board
2637+42 shall give notice by publication once each week for two (2) consecutive
2638+2022 IN 283—LS 6912/DI 87 62
2639+1 weeks:
2640+2 (1) with each notice by publication in:
2641+3 (A) a newspaper of general circulation in the school
2642+4 corporation; or
2643+5 (B) if a newspaper is not published in the (A) township, (B)
2644+6 town, or (C) city, the notice shall be published in the nearest
2645+7 newspaper published in the county or counties; or
2646+8 (2) with the first publication of notice in the newspaper or
2647+9 newspapers as provided in subdivision (1) and the second
2648+10 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
2649+11 the official web site of the school corporation.
2650+12 Each notice shall state that on a day and at an hour to be named in the
2651+13 notice, the polls will be open at the usual voting places in the various
2652+14 precincts in the corporation for taking the vote of the legal voters upon
2653+15 whether the school corporation shall be consolidated with the other
2654+16 school corporations joining in the resolution.
2655+17 (c) The public question shall be placed on the ballot in the form
2656+18 provided by IC 3-10-9-4 and must state: "Shall (insert name of school
2657+19 corporation) be consolidated with (insert names of other school
2658+20 corporations)?".
2659+21 (d) Notice shall be given not later than thirty (30) days after the
2660+22 petition is filed. The election shall be held not less than ten (10) days
2661+23 or more than twenty (20) days after the last publication of the notice.
2662+24 (e) The governing body of each school corporation in which an
2663+25 election is held is bound by the majority vote of those voting. However,
2664+26 if the election falls within a period of not more than six (6) months
2665+27 before a primary or general election, the election shall be held
2666+28 concurrently with the primary or general election if the public question
2667+29 is certified to the county election board not later than the deadline set
2668+30 forth in IC 3-10-9-3.
2669+31 (f) If a majority of those voting in any one (1) school corporation
2670+32 votes against the plan of consolidation, the plan fails. However, the
2671+33 failure does not prevent any or all the school corporations from taking
2672+34 further initial action for the consolidation of school corporations under
2673+35 this chapter.
2674+36 SECTION 65. IC 20-23-6-5.5, AS AMENDED BY P.L.152-2021,
2675+37 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2676+38 JULY 1, 2022]: Sec. 5.5. (a) If twenty percent (20%) of the legal voters
2677+39 residing in any school corporation jointly with twenty percent (20%) of
2678+40 the legal voters in each of one (1) or more other school corporations:
2679+41 (1) prepare a resolution for a proposed consolidation that sets
2680+42 forth:
2681+2022 IN 283—LS 6912/DI 87 63
2682+1 (A) subject to section 3(b) of this chapter, the information
2683+2 required in section 3(a)(1) through 3(a)(4) of this chapter; and
2684+3 (B) if applicable, the declarations in section 12.5 of this
2685+4 chapter; and
2686+5 (2) petition the trustees of their respective school corporations to
2687+6 consolidate the school corporations, as set forth in the resolution;
2688+7 each governing body petitioned shall hold, not later than sixty (60) days
2689+8 after the date the governing body receives the resolution and petition,
2690+9 a public meeting for discussion on the proposed consolidation.
2691+10 (b) If any of the petitioned governing bodies agrees to the proposed
2692+11 consolidation as set forth in the resolution, the governing body shall
2693+12 give notice by publication of its intention to adopt the resolution on the
2694+13 proposed consolidation once each week for two (2) consecutive weeks:
2695+14 (1) with each notice by publication in:
2696+15 (A) a newspaper of general circulation, if any, in each of the
2697+16 school corporations; or
2698+17 (B) if a newspaper is not published in the school corporation,
2699+18 publication shall be made in the nearest newspaper published
2700+19 in the county in which the school corporation is located; or
2701+20 (2) with the first publication of notice in the newspaper or
2702+21 newspapers as provided in subdivision (1) and the second
2703+22 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
2704+23 the official web sites of each of the school corporations.
2705+24 (c) On or before the sixth day following the last publication of the
2706+25 notice of intention to consolidate required under subsection (b), twenty
2707+26 percent (20%) of the legal voters residing in any school corporation
2708+27 proposed to be consolidated may petition the governing body of the
2709+28 school corporation for an election to determine whether or not the
2710+29 majority of the voters of the school corporation is in favor of
2711+30 consolidation.
2712+31 (d) If a protest has not been filed under subsection (c), the governing
2713+32 bodies may declare by joint resolution the consolidation of the school
2714+33 corporations to be accomplished, to take effect as provided in section
2715+34 8 of this chapter.
2716+35 (e) Except as provided in subsection (b), if:
2717+36 (1) a resolution and petition for consolidation has not been
2718+37 withdrawn thirty (30) days after the date of the public meeting
2719+38 under subsection (a); or
2720+39 (2) a protest petition described in subsection (c) has been filed;
2721+40 each governing body shall call an election in each school corporation
2722+41 included in the proposed consolidation in the same manner as
2723+42 described in sections 5 and 6 of this chapter.
2724+2022 IN 283—LS 6912/DI 87 64
2725+1 (f) The governing body of each school corporation in which an
2726+2 election is held is bound by the majority vote of those voting. If a
2727+3 majority of those voting in any one (1) school corporation votes against
2728+4 the plan of consolidation, the plan fails. If a majority of the votes cast
2729+5 at each of the elections is in favor of the consolidation of two (2) or
2730+6 more school corporations, the trustees of the school corporations shall
2731+7 proceed to consolidate the schools and provide the necessary buildings
2732+8 and equipment. However, the failure does not prevent any or all the
2733+9 school corporations from taking further initial action for the
2734+10 consolidation of school corporations under this chapter.
2735+11 SECTION 66. IC 20-23-8-14, AS ADDED BY P.L.1-2005,
2736+12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2737+13 JULY 1, 2022]: Sec. 14. (a) Not more than ten (10) days after a
2738+14 governing body has (1) initiated, (2) approved, or (3) disapproved a
2739+15 plan initiated by the petition filed with it, the governing body shall
2740+16 publish a notice one (1) time:
2741+17 (1) in:
2742+18 (A) a newspaper of general circulation in the county of the
2743+19 school corporation; or
2744+20 (B) if a newspaper of general circulation is not published in
2745+21 the county of the school corporation, the governing body shall
2746+22 publish a notice one (1) time in a newspaper of general
2747+23 circulation published in a county adjoining the county of the
2748+24 school corporation; or
2749+25 (2) in accordance with IC 5-3-5 on the official web site of the
2750+26 school corporation.
2751+27 (b) The notice must set out the text of a plan initiated by the
2752+28 governing body or another plan filed with the governing body before
2753+29 the preparation of the notice. The notice must also state the right of a
2754+30 voter, as provided in this section, to file a petition for alternative plans
2755+31 or a petition protesting the adoption of a plan or plans to which the
2756+32 notice relates.
2757+33 (c) If the governing body fails to publish a notice required by this
2758+34 section, the governing body shall, not more than five (5) days after the
2759+35 expiration of the ten (10) day period for publication of notice under this
2760+36 section, submit the petition that has been filed with the clerk to the
2761+37 state board, whether or not the plan contained in the petition or the
2762+38 petition meets the requirements of this chapter.
2763+39 (d) Not later than one hundred twenty (120) days after the
2764+40 publication of the notice, voters of the school corporation may file with
2765+41 the clerk a petition protesting a plan initiated or approved by the
2766+42 governing body or a petition submitting an alternative plan as follows:
2767+2022 IN 283—LS 6912/DI 87 65
2768+1 (1) A petition protesting a plan shall be signed by at least twenty
2769+2 percent (20%) of the voters of the school corporation or five
2770+3 hundred (500) voters of the school corporation, whichever is less.
2771+4 (2) A petition submitting an alternative plan shall be signed by at
2772+5 least twenty percent (20%) of the voters of the school corporation.
2773+6 A petition filed under this subsection shall be certified by the clerk and
2774+7 shall be filed with the governing body in the same manner as is
2775+8 provided for a petition in section 11 of this chapter.
2776+9 (e) The governing body or the voters may not initiate or file
2777+10 additional plans until the plans that were published in the notice or
2778+11 submitted as alternative plans not later than one hundred twenty (120)
2779+12 days after the publication of the notice have been disposed of by:
2780+13 (1) adoption;
2781+14 (2) defeat at a special election held under section 16 of this
2782+15 chapter; or
2783+16 (3) combination with another plan by the state board under
2784+17 section 15 of this chapter.
2785+18 SECTION 67. IC 20-23-8-18, AS AMENDED BY P.L.244-2017,
2786+19 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2787+20 JULY 1, 2022]: Sec. 18. (a) The county election board shall give notice
2788+21 of an election under section 16 of this chapter after receiving the form
2789+22 of notice and ballot from the clerk. The county election board shall
2790+23 publish notice one (1) time:
2791+24 (1) in:
2792+25 (A) two (2) newspapers of general circulation in the school
2793+26 corporation; or
2794+27 (B) if only one (1) newspaper is of general circulation in the
2795+28 school corporation, then in that newspaper; or
2796+29 (2) in accordance with IC 5-3-5 on the official web site of the
2797+30 school corporation.
2798+31 The publication may not be made less than ten (10) days nor more than
2799+32 forty-five (45) days before the election. Any other notice of the election
2800+33 or requirement for the time of printing ballots, whether prescribed by
2801+34 IC 3 or otherwise, is not required to be given or observed. A person
2802+35 may not vote at the special election unless the person is then qualified
2803+36 as a registered voter.
2804+37 (b) IC 3 applies to the conduct of an election under this chapter,
2805+38 except if the provisions of this chapter are in conflict with provisions
2806+39 of IC 3 or if IC 3 cannot be practicably applied.
2807+40 (c) If the special election is not conducted at a primary or general
2808+41 election, the school corporation shall pay the cost of conducting the
2809+42 election from the school corporation's operations fund not otherwise
2810+2022 IN 283—LS 6912/DI 87 66
2811+1 appropriated without appropriation.
2812+2 SECTION 68. IC 20-23-10-6, AS AMENDED BY P.L.152-2021,
2813+3 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2814+4 JULY 1, 2022]: Sec. 6. (a) After the last concurrent resolution under
2815+5 section 5 of this chapter is adopted, notice of the adoption of the
2816+6 concurrent resolutions shall be given by stating:
2817+7 (1) the substance of the concurrent resolutions;
2818+8 (2) that the resolutions have been adopted; and
2819+9 (3) that a right of remonstrance exists as provided in this chapter.
2820+10 It is not necessary to set out the remonstrance provisions of the statute,
2821+11 but a general reference to the right of remonstrance with a reference to
2822+12 this chapter is sufficient.
2823+13 (b) The notice under subsection (a) shall be made two (2) times, one
2824+14 (1) week apart by publication:
2825+15 (1) with each notice by publication: (A) in:
2826+16 (A) two (2) daily newspapers, published in the English
2827+17 language and of general circulation in the county; or
2828+18 (B) if there is only one (1) daily or weekly newspaper in the
2829+19 county, publication in that newspaper; is sufficient; or
2830+20 (2) with the first publication of notice in the newspaper or
2831+21 newspapers as provided in subdivision (1) and the second
2832+22 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
2833+23 the official web sites of each school corporation subject to the
2834+24 merger.
2835+25 (c) The merger shall take effect at the time provided in section 5 of
2836+26 this chapter unless, not more than thirty (30) days after the first
2837+27 publication of the notice under subsection (b)(1), a remonstrance is
2838+28 filed in the circuit or superior court of the county by registered voters
2839+29 equal in number to at least ten percent (10%) of the registered voters
2840+30 of a school corporation in the county.
2841+31 SECTION 69. IC 20-23-15-4, AS ADDED BY P.L.1-2005,
2842+32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2843+33 JULY 1, 2022]: Sec. 4. (a) The circuit court clerk of the county shall
2844+34 provide notice of the referendum to the registered voters who reside
2845+35 within the boundaries of the school corporation by publication (1) at
2846+36 least one (1) time:
2847+37 (2) (1) in at least one (1) newspaper of general circulation that is
2848+38 published in the county; and or
2849+39 (2) in accordance with IC 5-3-5 on the official web site of the
2850+40 county;
2851+41 (3) not earlier than March 15 or later than April 15 of the year in which
2852+42 the referendum is held.
2853+2022 IN 283—LS 6912/DI 87 67
2854+1 (b) The notice published under subsection (a) must:
2855+2 (1) state that the referendum is called to afford the registered
2856+3 voters an opportunity to vote on whether members of the
2857+4 governing body will be elected;
2858+5 (2) state that the referendum will be held at the next primary
2859+6 election to be held on the first Tuesday after the first Monday in
2860+7 May;
2861+8 (3) state that the referendum will be held on a nonpartisan basis
2862+9 and that all registered voters residing within the boundaries of the
2863+10 (insert the name of school corporation) may vote in the
2864+11 referendum; and
2865+12 (4) designate that the voting place or places at which the
2866+13 referendum will be held must be those that are:
2867+14 (A) used for the next primary election; and
2868+15 (B) located within the boundaries of the (insert the name of
2869+16 school corporation).
2870+17 (c) The referendum question must be placed on the ballot in the
2871+18 form prescribed by IC 3-10-9-4 and must state:
2872+19 "Shall the members of the board of school trustees of the (insert
2873+20 the name of school corporation) be elected in the general election
2874+21 from five (5) districts and from two (2) at-large positions in the
2875+22 school corporation?".
2876+23 SECTION 70. IC 20-25-5-13, AS AMENDED BY P.L.152-2021,
2877+24 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2878+25 JULY 1, 2022]: Sec. 13. (a) The notice by publication required by
2879+26 sections 11 and 12 of this chapter shall be made one (1) time a week
2880+27 for two (2) consecutive weeks:
2881+28 (1) with each notice by publication:
2882+29 (A) in two (2) daily newspapers of general circulation in the
2883+30 acquiring school corporation and the losing school corporation
2884+31 published in the English language; or
2885+32 (B) if there is:
2886+33 (i) only one (1) daily newspaper or if there are not any daily
2887+34 newspapers in either school corporation, a weekly
2888+35 newspaper may be used to provide notice;
2889+36 (ii) only one (1) daily or weekly newspaper, publication in
2890+37 that newspaper is sufficient; or
2891+38 (iii) a newspaper of general circulation in both school
2892+39 corporations, the publication of notice in the newspaper
2893+40 qualifies as one (1) of the required publications in each of
2894+41 the school corporations; or
2895+42 (2) with the first publication of notice in the newspaper or
2896+2022 IN 283—LS 6912/DI 87 68
2897+1 newspapers as provided in subdivision (1) and the second
2898+2 publication of notice: (A) in accordance with IC 5-3-5 and (B) on
2899+3 the official web sites of the acquiring school corporation and the
2900+4 losing school corporation.
2901+5 Publication under subdivision (1) may be made jointly by the losing
2902+6 school corporation and the acquiring school corporation. The
2903+7 remonstrance period runs from the second publication.
2904+8 (b) If notice is required to be given by an acquiring school
2905+9 corporation to a losing school corporation, it may be made by
2906+10 registered or certified United States mail, return receipt requested,
2907+11 addressed to the:
2908+12 (1) governing body of the losing school corporation at the
2909+13 governing body's established business office; or
2910+14 (2) superintendent of schools or any officer of the governing body
2911+15 of any other school corporation.
2912+16 SECTION 71. IC 20-47-2-11, AS ADDED BY P.L.2-2006,
2913+17 SECTION 170, IS AMENDED TO READ AS FOLLOWS
2914+18 [EFFECTIVE JULY 1, 2022]: Sec. 11. (a) After the lessor corporation
2915+19 and the school corporation or corporations have agreed upon the terms
2916+20 and conditions of a lease proposed to be entered into under this chapter,
2917+21 and before the final execution of the lease, a notice shall be given by
2918+22 publication to all persons interested of a hearing or joint hearing to be
2919+23 held before the governing body or governing bodies of the school
2920+24 corporation or corporations authorized to approve the lease. The
2921+25 hearing must be not earlier than:
2922+26 (1) ten (10) days after publication of the notice, if new
2923+27 construction is proposed; or
2924+28 (2) thirty (30) days after publication of the notice, if improvement
2925+29 or expansion is proposed.
2926+30 (b) The notice required by subsection (a) must:
2927+31 (1) be published one (1) time in:
2928+32 (A) a newspaper of general circulation printed in the English
2929+33 language in:
2930+34 (i) the school corporation;
2931+35 (B) (ii) a newspaper described in clause (A) in each school
2932+36 corporation if the proposed lease is a joint lease; or
2933+37 (C) (iii) if no such paper newspaper is published in the
2934+38 school corporation, in any newspaper of general circulation
2935+39 published in the county; or
2936+40 (B) in accordance with IC 5-3-5 on the official web site of
2937+41 the school corporation or, if the proposed lease is a joint
2938+42 lease, in each school corporation;
2939+2022 IN 283—LS 6912/DI 87 69
2940+1 (2) name the date, time, and place of the hearing; and
2941+2 (3) set forth a brief summary of the principal terms of the lease
2942+3 agreed upon, including the:
2943+4 (A) location of the property to be leased;
2944+5 (B) name of the proposed lessor corporation;
2945+6 (C) character of the property to be leased;
2946+7 (D) rental to be paid; and
2947+8 (E) number of years the lease is to be in effect.
2948+9 The cost of publishing the notice shall be borne by the lessor
2949+10 corporation.
2950+11 (c) The proposed lease, drawings, plans, specifications, and
2951+12 estimates for the school building or buildings must be available for
2952+13 inspection by the public during the ten (10) day or thirty (30) day
2953+14 period described in subsection (a) and at the hearing under section 12
2954+15 of this chapter.
2955+16 SECTION 72. IC 20-47-2-13, AS AMENDED BY P.L.38-2021,
2956+17 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2957+18 JULY 1, 2022]: Sec. 13. (a) If the execution of the lease as originally
2958+19 agreed upon or as modified by agreement is authorized by the
2959+20 governing body or bodies of the school corporation or corporations, the
2960+21 governing body shall give notice of the signing of the lease by
2961+22 publication one (1) time: in:
2962+23 (1) in a newspaper of general circulation printed in the English
2963+24 language in:
2964+25 (A) the school corporation;
2965+26 (2) (B) a newspaper described in subdivision (1) in each
2966+27 school corporation if the proposed lease is a joint lease; or
2967+28 (3) (C) if no such newspaper is published in the school
2968+29 corporation, in any newspaper of general circulation published
2969+30 in the county; or
2970+31 (2) in accordance with IC 5-3-5 on the official web site of the
2971+32 school corporation or, if the proposed lease is a joint lease, the
2972+33 official web site of each school corporation.
2973+34 (b) This subsection does not apply to a lease for which a school
2974+35 corporation after June 30, 2008, makes a preliminary determination as
2975+36 described in IC 6-1.1-20-3.1 or IC 6-1.1-20-3.5 or a decision as
2976+37 described in IC 6-1.1-20-5, or, in the case of a lease not subject to
2977+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
2978+39 or ordinance authorizing the lease after June 30, 2008. Within thirty
2979+40 (30) days after the publication of notice under subsection (a), fifty (50)
2980+41 or more taxpayers in the school corporation or corporations who:
2981+42 (1) will be affected by the proposed lease; and
2982+2022 IN 283—LS 6912/DI 87 70
2983+1 (2) are of the opinion that:
2984+2 (A) necessity does not exist for the execution of the lease; or
2985+3 (B) the proposed rental provided for in the lease is not a fair
2986+4 and reasonable rental;
2987+5 may file a petition in the office of the county auditor of the county in
2988+6 which the school corporation or corporations are located. The petition
2989+7 must set forth the taxpayers' objections to the lease and facts showing
2990+8 that the execution of the lease is unnecessary or unwise or that the lease
2991+9 rental is not fair and reasonable, as the case may be.
2992+10 (c) Upon the filing of a petition under subsection (b), the county
2993+11 auditor shall immediately certify a copy of the petition, together with
2994+12 any other data that is necessary to present the questions involved, to the
2995+13 department of local government finance. Upon receipt of the certified
2996+14 petition and data, if any, the department of local government finance
2997+15 shall fix a time, date, and place for the hearing of the matter, which
2998+16 may not be less than five (5) nor more than thirty (30) days thereafter.
2999+17 The department of local government finance shall:
3000+18 (1) conduct the hearing in the school corporation or corporations,
3001+19 in the county where the school corporation or corporations are
3002+20 located, or through electronic means; and
3003+21 (2) give notice of the hearing to the members of the governing
3004+22 body or bodies of the school corporation or corporations and to
3005+23 the first fifty (50) taxpayers who signed the petition under
3006+24 subsection (b) by a letter signed by the commissioner or deputy
3007+25 commissioner of the department of local government finance and
3008+26 enclosed with full prepaid postage addressed to the taxpayer
3009+27 petitioners at their usual place of residence, at least five (5) days
3010+28 before the hearing.
3011+29 The decision of the department of local government finance on the
3012+30 appeal upon the necessity for the execution of the lease and as to
3013+31 whether the rental is fair and reasonable, is final.
3014+32 SECTION 73. IC 20-47-3-9, AS ADDED BY P.L.2-2006,
3015+33 SECTION 170, IS AMENDED TO READ AS FOLLOWS
3016+34 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) After the lessor corporation
3017+35 and the school corporation or corporations have agreed upon the terms
3018+36 and conditions of a lease proposed to be entered into under this chapter,
3019+37 and before the final execution of the lease, a notice shall be given by
3020+38 publication to all persons interested of a hearing or joint hearing to be
3021+39 held before the governing body or governing bodies of the school
3022+40 corporations authorized to approve the lease. The hearing must be not
3023+41 earlier than:
3024+42 (1) ten (10) days afer publication of the notice, if new
3025+2022 IN 283—LS 6912/DI 87 71
3026+1 construction is proposed; or
3027+2 (2) thirty (30) days after publication of the notice, if improvement
3028+3 or expansion is proposed.
3029+4 (b) The notice required by subsection (a) must:
3030+5 (1) be published one (1) time: in:
3031+6 (A) in a newspaper of general circulation printed in the
3032+7 English language:
3033+8 (i) in the school corporation;
3034+9 (B) (ii) a newspaper described in clause (A) in each school
3035+10 corporation if the proposed lease is a joint lease; or
3036+11 (C) (iii) if no such paper newspaper is published in the
3037+12 school corporation, in any newspaper of general circulation
3038+13 published in the county; or
3039+14 (B) in accordance with IC 5-3-5 on the official web site of
3040+15 the school corporation or, if the proposed lease is a joint
3041+16 lease, the official web site of each school corporation;
3042+17 (2) name the date, time, and place of the hearing; and
3043+18 (3) set forth a brief summary of the principal terms of the lease
3044+19 agreed upon, including the:
3045+20 (A) location of the property to be leased;
3046+21 (B) name of the proposed lessor corporation;
3047+22 (C) character of the property to be leased;
3048+23 (D) rental to be paid; and
3049+24 (E) number of years the lease is to be in effect.
3050+25 The cost of publication of the notice shall be paid by the lessor
3051+26 corporation.
3052+27 (c) The proposed lease, drawings, plans, specifications, and
3053+28 estimates for the school building or buildings must be available for
3054+29 inspection by the public during the ten (10) day or thirty (30) day
3055+30 period described in subsection (a) and at the hearing under section 10
3056+31 of this chapter.
3057+32 SECTION 74. IC 20-47-3-11, AS AMENDED BY P.L.38-2021,
3058+33 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3059+34 JULY 1, 2022]: Sec. 11. (a) If the execution of the lease as originally
3060+35 agreed upon or as modified by agreement is authorized by the
3061+36 governing body or bodies of the school corporation or corporations, the
3062+37 governing body shall give notice of the signing of the lease by
3063+38 publication one (1) time: in:
3064+39 (1) in a newspaper of general circulation printed in the English
3065+40 language:
3066+41 (A) in the school corporation;
3067+42 (2) (B) a newspaper described in subdivision (1) in each
3068+2022 IN 283—LS 6912/DI 87 72
3069+1 school corporation if the proposed lease is a joint lease; or
3070+2 (3) (C) if no such newspaper is published in the school
3071+3 corporation, in any newspaper of general circulation published
3072+4 in the county; or
3073+5 (2) in accordance with IC 5-3-5 on the official web site of the
3074+6 school corporation or, if the proposed lease is a joint lease, the
3075+7 official web sites of the school corporations.
3076+8 (b) This subsection does not apply to leases for which a school
3077+9 corporation after June 30, 2008, makes a preliminary determination as
3078+10 described in IC 6-1.1-20-3.1 or IC 6-1.1-20-3.5 or a decision as
3079+11 described in IC 6-1.1-20-5, or, in the case of leases not subject to
3080+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
3081+13 or ordinance authorizing the lease after June 30, 2008. Within thirty
3082+14 (30) days after the publication of notice under subsection (a), ten (10)
3083+15 or more taxpayers in the school corporation or corporations who:
3084+16 (1) will be affected by the proposed lease; and
3085+17 (2) are of the opinion that:
3086+18 (A) no necessity exists for the execution of the lease; or
3087+19 (B) the proposed rental provided for in the lease is not a fair
3088+20 and reasonable rental;
3089+21 may file a petition in the office of the county auditor of the county in
3090+22 which the school corporation or corporations are located. The petition
3091+23 must set forth the taxpayers' objections to the lease and facts showing
3092+24 that the execution of the lease is unnecessary or unwise, or that the
3093+25 lease rental is not fair and reasonable, as the case may be.
3094+26 (c) Upon the filing of a petition under subsection (b), the county
3095+27 auditor shall immediately certify a copy of the petition and any other
3096+28 data that is necessary to present the questions involved to the
3097+29 department of local government finance. Upon receipt of the certified
3098+30 petition and data, if any, the department of local government finance
3099+31 shall fix a date, time, and place for the hearing of the matter, which
3100+32 may not be less than five (5) nor more than thirty (30) days after receipt
3101+33 of the petition and data, if any. The department of local government
3102+34 finance shall:
3103+35 (1) conduct the hearing in the school corporation or corporations,
3104+36 in the county where the school corporation or corporations are
3105+37 located, or through electronic means; and
3106+38 (2) give notice of the hearing to the members of the governing
3107+39 body or bodies of the school corporation or corporations and to
3108+40 the first ten (10) taxpayer petitioners upon the petition by a letter
3109+41 signed by the commissioner or deputy commissioner of the
3110+42 department of local government finance, and enclosed with full
3111+2022 IN 283—LS 6912/DI 87 73
3112+1 prepaid postage addressed to the taxpayer petitioners at their
3113+2 usual place of residence, at least five (5) days before the hearing.
3114+3 The decision of the department of local government finance on the
3115+4 appeal upon the necessity for the execution of the lease, and as to
3116+5 whether the rental is fair and reasonable, is final.
3117+6 SECTION 75. IC 20-48-3-4, AS ADDED BY P.L.2-2006,
3118+7 SECTION 171, IS AMENDED TO READ AS FOLLOWS
3119+8 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The board may periodically,
3120+9 as the need arises, borrow money and issue school building bonds to
3121+10 supply the school city with funds:
3122+11 (1) to buy real estate;
3123+12 (2) to erect buildings for school or administrative purposes;
3124+13 (3) to enlarge, remodel, and repair school buildings; or
3125+14 (4) for one (1) or more of the purposes described in subdivisions
3126+15 (1) through (3).
3127+16 The proceeds of the sale of bonds under this subsection may not be
3128+17 used for a purpose other than a purpose described in subdivisions (1)
3129+18 through (4).
3130+19 (b) The board may periodically, as the need arises, issue school
3131+20 funding bonds to take up and retire the principal and accrued interest
3132+21 of any outstanding bonds of the school city. School funding bonds may
3133+22 be issued only if the board determines it is to the advantage of the
3134+23 school city to refund the outstanding bonds of the school city. A school
3135+24 funding bond may not be issued and the proceeds of a school funding
3136+25 bond may not be used for a purpose other than to refund or take up and
3137+26 discharge outstanding bonds of the school city. Any preexisting bonds
3138+27 for which the school city is liable under IC 20-25-4, this chapter, or a
3139+28 predecessor law are outstanding bonds of the school city under this
3140+29 subsection.
3141+30 (c) Before school building bonds may be issued under subsection
3142+31 (a), the board shall, by a resolution entered into the record in the
3143+32 board's corporate minutes, demonstrate a particular need for the money
3144+33 and the inability of the school city to supply the money from any other
3145+34 applicable fund under the control of the board. Before school funding
3146+35 bonds may be issued under subsection (b), the board shall, by a
3147+36 resolution entered into the record of the board's corporate minutes,
3148+37 provide a description of the bonds to be taken up, including the kind,
3149+38 date, date of maturity, and amount of the bonds.
3150+39 (d) Bonds issued under this section must:
3151+40 (1) be serial bonds;
3152+41 (2) bear interest at a rate payable semiannually; and
3153+42 (3) mature at a time or times fixed in the resolution of the board.
3154+2022 IN 283—LS 6912/DI 87 74
3155+1 (e) A bond to be issued under this section may not be delivered until
3156+2 the price of the bond is paid to the treasurer of the school city in:
3157+3 (1) money for school building bonds; or
3158+4 (2) money or bonds to be refunded for school funding bonds.
3159+5 A bond issued under this section may not accrue interest before its
3160+6 delivery.
3161+7 (f) A bond issued under this section must be payable to bearer and
3162+8 be of the general form usual in municipal bonds.
3163+9 (g) Before offering bonds authorized by this section for sale, the
3164+10 board must give three (3) weeks notice of the date fixed for the sale of
3165+11 the bonds. The notice must include a description of the bonds and
3166+12 invite bids for the bonds. The notice shall be given by three (3)
3167+13 advertisements, one (1) time each week for the three (3) consecutive
3168+14 weeks immediately preceding the day of sale:
3169+15 (1) in a newspaper published and with a general circulation in
3170+16 Indianapolis; or
3171+17 (2) in accordance with IC 5-3-5 on the official web site of the
3172+18 consolidated city.
3173+19 Notice may also be required in other advertisements if ordered by the
3174+20 board.
3175+21 (h) The board shall sell the bonds to the highest and best bidder and
3176+22 has the right to reject any bid. The proceeds arising from the sale shall
3177+23 be used only for the purpose declared in the resolution of the board.
3178+24 SECTION 76. IC 20-48-3-5, AS AMENDED BY P.L.38-2021,
3179+25 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3180+26 JULY 1, 2022]: Sec. 5. (a) The board may, if the school corporation's
3181+27 operations fund is exhausted or in the board's judgment is in danger of
3182+28 exhaustion, make temporary loans for the use of the operations fund to
3183+29 be paid out of the proceeds of taxes levied by the school city for the
3184+30 operations fund. The amount borrowed for the operations fund must be
3185+31 paid into the operations fund and may be used for any purpose for
3186+32 which the board's operations fund lawfully may be used. A temporary
3187+33 loan must:
3188+34 (1) be evidenced by the promissory note or notes of the school
3189+35 city;
3190+36 (2) bear interest that is payable, according to the note or notes,
3191+37 periodically or at the maturity of the note or notes and at not more
3192+38 than seven percent (7%) per annum; and
3193+39 (3) mature at a time or times determined by the board, but not
3194+40 later than one (1) year after the date of the note or notes.
3195+41 Loans made in a calendar year may not be for a sum greater than the
3196+42 amount estimated by the board as proceeds to be received by the board
3197+2022 IN 283—LS 6912/DI 87 75
3198+1 from the levy of taxes made by the school city for the board's
3199+2 operations fund. Successive loans may be made to aid the operations
3200+3 fund in a calendar year, but the total amount of successive loans
3201+4 outstanding at any time may not exceed the estimated proceeds of taxes
3202+5 levied for the board's operations fund.
3203+6 (b) A loan under this section may not be made until notice asking
3204+7 for bids is given by newspaper publication. Notice must be made
3205+8 published one (1) time at least seven (7) days before the time the
3206+9 bids for the loans will be opened:
3207+10 (1) in a newspaper published in the school city; at least seven (7)
3208+11 days before the time the bids for the loans will be opened. or
3209+12 (2) in accordance with IC 5-3-5 on the official web site of the
3210+13 school corporation.
3211+14 A bidder shall name the amount of interest the bidder agrees to accept,
3212+15 not exceeding seven percent (7%) per annum. The loan shall be made
3213+16 to the bidder or bidders bidding the lowest rate of interest. The note,
3214+17 notes, or warrants may not be delivered until the full price of the face
3215+18 of the loan is paid to the treasurer of the school city, and interest does
3216+19 not accrue on the loan until delivery.
3217+20 (c) The board may not impose a levy to pay for the interest on the
3218+21 loan from a debt service fund as provided by IC 20-40-9-6 unless:
3219+22 (1) the loan has been issued; and
3220+23 (2) the school corporation has received the loan proceeds.
3221+24 The board may not authorize a temporary loan for the purpose of
3222+25 increasing the school city's property tax rate for the ensuing budget
3223+26 year.
3224+27 SECTION 77. IC 23-13-5-8, AS AMENDED BY P.L.233-2015,
3225+28 SECTION 323, IS AMENDED TO READ AS FOLLOWS
3226+29 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) Should for any cause any
3227+30 action of the board of directors or trustees of a corporation be invalid
3228+31 or ineffective in whole or in part as and for a cancellation or retirement
3229+32 of capital stock as provided in this chapter, then the entire act of
3230+33 cancellation or retirement as to all other stock shall be held null and
3231+34 void. If at any time after the transfer of any stock to the corporation or
3232+35 to the trustees or directors it becomes no longer possible for the
3233+36 corporation to operate the postsecondary educational institution as a
3234+37 postsecondary educational institution, and the fact is found to exist by
3235+38 the board of trustees or directors, the property and assets of the
3236+39 corporation vest in and belong absolutely to the local public school
3237+40 corporation within whose territorial limits the postsecondary
3238+41 educational institution is situated unless the local public school
3239+42 corporation elects to refuse to accept the property and assets in writing
3240+2022 IN 283—LS 6912/DI 87 76
3241+1 served upon the board of trustees or an officer thereof within one
3242+2 hundred twenty (120) days. If the local public school corporation elects
3243+3 to refuse to accept the property and assets, then the property and assets
3244+4 of the corporation vest in and belong absolutely to the county within
3245+5 whose territorial limits the postsecondary educational institution is
3246+6 situated unless the county, acting by its legislative body, elects to
3247+7 refuse to accept the property and assets in writing served upon the
3248+8 board of trustees or an officer within one hundred twenty (120) days.
3249+9 If the county refuses to accept the property and assets, the property and
3250+10 assets vest in and belong absolutely to the state general fund. If situated
3251+11 in a school city or town corporation, the election shall be made by the
3252+12 school board of the municipality.
3253+13 (b) The local school corporation receiving the property or assets is
3254+14 responsible for the payment of the lawful debts and liabilities of the
3255+15 corporation. For the purpose of raising funds to pay the debts and
3256+16 liabilities, the township executive, with the concurrence and sanction
3257+17 of the township legislative body, or the city or town school board, as
3258+18 the case may be, is authorized and empowered to issue and sell bonds
3259+19 of the school city or school town. The debt created by the bonds,
3260+20 together with all other indebtedness of the school corporation, may not
3261+21 exceed two percent (2%) of the adjusted value of the taxable property
3262+22 within the school corporation as determined under IC 36-1-15. If the
3263+23 building or property of the corporation vested in the school corporation
3264+24 is suitable for instructing students of the township in the arts of
3265+25 agriculture, domestic science, or physical or practical mental culture,
3266+26 and in which to hold school or civic entertainments or be used for
3267+27 township, town, or city purposes, then the township executive, with the
3268+28 concurrence and sanction of the township, city, or town legislative
3269+29 body, as the case may be, is authorized and empowered to issue and
3270+30 sell bonds of the civil township, city, or town, as the case may be, and
3271+31 apply the proceeds to the payment of the debts and liabilities of the
3272+32 corporation. The proceeds of the bonds, together with all other
3273+33 indebtedness of the civil township, city, or town, may not exceed two
3274+34 percent (2%) of the adjusted value of the taxable property within the
3275+35 civil township, city, or town, as determined under IC 36-1-15. If the
3276+36 county receives the property, it is authorized to issue its general
3277+37 obligation bonds to pay the debts and liabilities as general obligation
3278+38 bonds of counties are issued under the general law. Unless the civil
3279+39 township and school and civil cities and towns can liquidate the debts
3280+40 and liabilities without violating Article 13, Section 1 of the
3281+41 Constitution of the State of Indiana and IC 36-1-15, they shall elect to
3282+42 refuse to accept the property. Unless the county can liquidate the debts
3283+2022 IN 283—LS 6912/DI 87 77
3284+1 and liabilities without violating the constitutional provision, it shall
3285+2 elect to refuse the property. If a civil township, city, or town uses its
3286+3 funds or the proceeds of the sale of its bonds to liquidate the debts and
3287+4 liabilities, it shall have an interest in the property in the proportion the
3288+5 funds expended by it bear to the funds expended by the school city or
3289+6 school town.
3290+7 (c) Any bonds issued under this chapter shall be payable in not more
3291+8 than twenty (20) years after the date of their issuance. The municipal
3292+9 corporation issuing the bonds shall annually levy a tax on all of the
3293+10 taxable property within the municipal corporation in an amount
3294+11 sufficient to pay the interest on and the principal of such bonds as they
3295+12 mature. The bonds may mature and be payable either semiannually or
3296+13 annually. Notice of sale of the bonds shall be published once each week
3297+14 for two (2) weeks:
3298+15 (1) in a newspaper published:
3299+16 (A) in the municipal corporation issuing the bonds; or
3300+17 (B) in a newspaper published in the county seat of the county
3301+18 in which the municipal corporation is located; or
3302+19 (2) in accordance with IC 5-3-5 on the official web site of the
3303+20 municipal corporation issuing the bonds.
3304+21 Additional notices may be published.
3305+22 (d) If the corporation ceases to exist or winds up its affairs without
3306+23 its board of trustees or directors finding that it is no longer possible for
3307+24 the corporation to operate the university, college, or institution of
3308+25 learning as a postsecondary educational institution, this shall have the
3309+26 same effect as such a finding.
3310+27 SECTION 78. IC 32-24-1-5, AS AMENDED BY P.L.163-2006,
3311+28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3312+29 JULY 1, 2022]: Sec. 5. (a) As a condition precedent to filing a
3313+30 complaint in condemnation, and except for an action brought under
3314+31 IC 8-1-13-19 (repealed), a condemnor may enter upon the property as
3315+32 provided in this chapter and must, at least thirty (30) days before filing
3316+33 a complaint, make an offer to purchase the property in the form
3317+34 prescribed in subsection (c). The offer must be served personally or by
3318+35 certified mail upon:
3319+36 (1) the owner of the property sought to be acquired; or
3320+37 (2) the owner's designated representative.
3321+38 (b) If the offer cannot be served personally or by certified mail, or
3322+39 if the owner or the owner's designated representative cannot be found,
3323+40 notice of the offer shall be given by publication in a newspaper of
3324+41 general circulation in the county in which the property is located or in
3325+42 the county where the owner was last known to reside or, if the
3326+2022 IN 283—LS 6912/DI 87 78
3327+1 condemnor is a political subdivision, by publication in accordance
3328+2 with IC 5-3-5 on the official web site of the political subdivision.
3329+3 The notice must be in the following form:
3330+4 NOTICE
3331+5 TO: _________________, _____________________ (owner(s)),
3332+6 __________________________ (condemnor) needs your property for
3333+7 a _____________________________________________ (description
3334+8 of project), and will need to acquire the following from you:
3335+9 ________________________________________________ (general
3336+10 description of the property to be acquired). We have made you a formal
3337+11 offer for this property that is now on file in the Clerk's Office in the
3338+12 ________ County Court House. Please pick up the offer. If you do not
3339+13 respond to this notice or accept the offer by ____ (a date 30 days from
3340+14 1st date of publication) 20___, we shall file a suit to condemn the
3341+15 property.
3342+16 _______________________
3343+17 Condemnor
3344+18 The condemnor must file the offer with the clerk of the circuit court
3345+19 with a supporting affidavit that diligent search has been made and that
3346+20 the owner cannot be found. The notice shall be published twice as
3347+21 follows:
3348+22 (1) One (1) notice immediately.
3349+23 (2) A subsequent publication at least seven (7) days and not more
3350+24 than twenty-one (21) days after the publication under subdivision
3351+25 (1).
3352+26 (c) The offer to purchase must be in the following form:
3353+27 UNIFORM PROPERTY OR EASEMENT
3354+28 ACQUISITION OFFER
3355+29 ____________ (condemnor) is authorized by Indiana law to obtain
3356+30 your property or an easement across your property for certain public
3357+31 purposes. _____________ (condemnor) needs (your property) (an
3358+32 easement across your property) for a ___________________________
3359+33 (brief description of the project) and needs to take
3360+34 __________________ (legal description of the property or easement
3361+35 to be taken; the legal description may be made on a separate sheet and
3362+36 attached to this document if additional space is required)
3363+37 It is our opinion that the fair market value of the (property) (easement)
3364+38 we want to acquire from you is $ ____, and, therefore, _____________
3365+39 (condemnor) offers you $ _______ for the above described (property)
3366+40 (easement). You have thirty (30) days from this date to accept or reject
3367+41 this offer. If you accept this offer, you may expect payment in full
3368+42 within ninety (90) days after signing the documents accepting this offer
3369+2022 IN 283—LS 6912/DI 87 79
3370+1 and executing the easement, and provided there are no difficulties in
3371+2 clearing liens or other problems with title to land. Possession will be
3372+3 required thirty (30) days after you have received your payment in full.
3373+4 HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND
3374+5 LEGALLY PROTECTED RIGHTS:
3375+6 1. By law, _____________ (condemnor) is required to make a
3376+7 good faith effort to purchase (your property) (an easement across
3377+8 your property).
3378+9 2. You do not have to accept this offer and __________
3379+10 (condemnor) is not required to agree to your demands.
3380+11 3. However, if you do not accept this offer, and we cannot come
3381+12 to an agreement on the acquisition of (your property) (an
3382+13 easement), _____________ (condemnor) has the right to file suit
3383+14 to condemn and acquire the (property) (easement) in the county
3384+15 in which the property is located.
3385+16 4. You have the right to seek advice of an attorney, real estate
3386+17 appraiser, or any other person of your choice on this matter.
3387+18 5. You may object to the public purpose and necessity of this
3388+19 project.
3389+20 6. If _____________ (condemnor) files a suit to condemn and
3390+21 acquire (your property) (an easement) and the court grants its
3391+22 request to condemn, the court will then appoint three appraisers
3392+23 who will make an independent appraisal of the (property)
3393+24 (easement) to be acquired.
3394+25 7. If we both agree with the court appraisers' report, then the
3395+26 matter is settled. However, if either of us disagrees with the
3396+27 appraisers' report to the court, either of us has the right to ask for
3397+28 a trial to decide what should be paid to you for the (property)
3398+29 (easement) condemned.
3399+30 8. If the court appraisers' report is not accepted by either of us,
3400+31 then ______________ (condemnor) has the legal option of
3401+32 depositing the amount of the court appraisers' evaluation with the
3402+33 court. And if such a deposit is made with the court,
3403+34 _____________ (condemnor) is legally entitled to immediate
3404+35 possession of the (property) (easement). You may, subject to the
3405+36 approval of the court, make withdrawals from the amount
3406+37 deposited with the court. Your withdrawal will in no way affect
3407+38 the proceedings of your case in court, except that, if the final
3408+39 judgment awarded you is less than the withdrawal you have made
3409+40 from the amount deposited, you will be required to pay back to
3410+41 the court the amount of the withdrawal in excess of the amount of
3411+42 the final judgment.
3412+2022 IN 283—LS 6912/DI 87 80
3413+1 9. The trial will decide the full amount of damages you are to
3414+2 receive. Both of us will be entitled to present legal evidence
3415+3 supporting our opinions of the fair market value of the property or
3416+4 easement. The court's decision may be more or less than this
3417+5 offer. You may employ, at your cost, appraisers and attorneys to
3418+6 represent you at this time or at any time during the course of the
3419+7 proceeding described in this notice. (The condemnor may insert
3420+8 here any other information pertinent to this offer or required by
3421+9 circumstances or law).
3422+10 10. If you have any questions concerning this matter you may
3423+11 contact us at:
3424+12 ____________________________________________________
3425+13 ____________________________________________________
3426+14 (full name, mailing and street address, and phone of the
3427+15 condemnor)
3428+16 This offer was made to the owner(s):
3429+17 ______________ of ________________,
3430+18 ______________ of ________________,
3431+19 ______________ of ________________,
3432+20 ______________ of ________________,
3433+21 on the _____ day of ______ 20___,
3434+22 BY:
3435+23 _________________________
3436+24 (signature)
3437+25 _________________________
3438+26 (printed name and title)
3439+27 Agent of:_________________________
3440+28 (condemnor)
3441+29 If you decide to accept the offer of $ _____ made by
3442+30 _____________ (condemnor) sign your name below and mail this
3443+31 form to the address indicated above. An additional copy of this
3444+32 offer has been provided for your file.
3445+33 ACCEPTANCE OF OFFER
3446+34 I (We), ______________, ______________, ___________,
3447+35 owner(s) of the above described property or interest in property, hereby
3448+36 accept the offer of $ _______ made by _________ (condemnor) on this
3449+37 _____ day of _______, 20___.
3450+38 _______________________________________
3451+39 _______________________________________
3452+40 _______________________________________
3453+41 _______________________________________
3454+42 NOTARY'S CERTIFICATE
3455+2022 IN 283—LS 6912/DI 87 81
3456+1 STATE OF _____________)
3457+2 ) SS:
3458+3 COUNTY OF ___________)
3459+4 Subscribed and sworn to before me this ____ day of
3460+5 __________, 20___.
3461+6 My Commission Expires: __________
3462+7 __________________________________
3463+8 (Signature)
3464+9 ________________________________________________
3465+10 (Printed) NOTARY PUBLIC
3466+11 (d) If the condemnor has a compelling need to enter upon property
3467+12 to restore utility or transportation services interrupted by disaster or
3468+13 unforeseeable events, the provisions of subsections (a), (b), and (c) do
3469+14 not apply for the purpose of restoration of utility or transportation
3470+15 services interrupted by the disaster or unforeseeable events. However,
3471+16 the condemnor shall be responsible to the property owner for all
3472+17 damages occasioned by the entry, and the condemnor shall immediately
3473+18 vacate the property entered upon as soon as utility or transportation
3474+19 services interrupted by the disaster or unforeseeable event have been
3475+20 restored.
3476+21 SECTION 79. IC 32-24-1-7, AS AMENDED BY P.L.152-2021,
3477+22 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3478+23 JULY 1, 2022]: Sec. 7. (a) The notice, upon its return, must show its:
3479+24 (1) service for ten (10) days; or
3480+25 (2) proof of publication for three (3) successive weeks:
3481+26 (A) with each publication of the notice in a weekly newspaper
3482+27 of general circulation printed and published in the English
3483+28 language in the county in which the property sought to be
3484+29 acquired is located; or
3485+30 (B) with the first publication of notice in a newspaper described
3486+31 in clause (A) and the two (2) subsequent publications of notice:
3487+32 (i) in accordance with IC 5-3-5 and (ii) on the official web site
3488+33 of the county.
3489+34 The last publication of the notice must be five (5) days before the day
3490+35 set for the hearing.
3491+36 (b) The clerk of the court in which the proceedings are pending,
3492+37 upon the first publication of the notice, shall send to the post office
3493+38 address of each nonresident owner whose property will be affected by
3494+39 the proceedings a copy of the notice, if the post office address of the
3495+40 owner or owners can be ascertained by inquiry at the office of the
3496+41 treasurer of the county.
3497+42 (c) The court, being satisfied of the regularity of the proceedings
3498+2022 IN 283—LS 6912/DI 87 82
3499+1 and the right of the plaintiff to exercise the power of eminent domain
3500+2 for the use sought, shall appoint:
3501+3 (1) one (1) disinterested freeholder of the county; and
3502+4 (2) two (2) disinterested appraisers licensed under IC 25-34.1;
3503+5 who are residents of Indiana to assess the damages, or the benefits and
3504+6 damages, as the case may be, that the owner or owners severally may
3505+7 sustain, or be entitled to, by reason of the acquisition. One (1) of the
3506+8 appraisers appointed under subdivision (2) must reside not more than
3507+9 fifty (50) miles from the property.
3508+10 SECTION 80. IC 32-24-2-6, AS AMENDED BY P.L.152-2021,
3509+11 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3510+12 JULY 1, 2022]: Sec. 6. (a) This chapter applies if the works board of
3511+13 a municipality wants to acquire property for the use of the municipality
3512+14 or to open, change, lay out, or vacate a street, an alley, or a public place
3513+15 in the municipality, including a proposed street or alley crossings of
3514+16 railways or other rights-of-way. However, this chapter does not apply
3515+17 if a municipality wants to acquire the property of a public utility (as
3516+18 defined in IC 8-1-2-1).
3517+19 (b) The works board must adopt a resolution that the municipality
3518+20 wants to acquire the property. The resolution must describe the
3519+21 property that may be injuriously or beneficially affected. The board
3520+22 shall have notice of the resolution:
3521+23 (1) published for two (2) consecutive weeks:
3522+24 (A) with each publication of notice in a newspaper of general
3523+25 circulation published in the municipality; or
3524+26 (B) with the first publication of notice in a newspaper described
3525+27 in clause (A) and the second publication of notice: (i) in
3526+28 accordance with IC 5-3-5 and (ii) on the official web site of the
3527+29 municipality; and
3528+30 (2) mailed to the owner of each piece of property affected by the
3529+31 proposed acquisition.
3530+32 The notice must name a date, at least thirty (30) days after the last
3531+33 publication, at which time the board will receive or hear remonstrances
3532+34 from persons interested in or affected by the proceeding.
3533+35 (c) The works board shall consider the remonstrances, if any, and
3534+36 then take final action, confirming, modifying, or rescinding its original
3535+37 resolution.
3536+38 SECTION 81. IC 32-24-2-8, AS AMENDED BY P.L.152-2021,
3537+39 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3538+40 JULY 1, 2022]: Sec. 8. (a) Upon the completion of the list, the works
3539+41 board shall award the damages sustained and assess the benefits
3540+42 accruing to each piece of property on the list.
3541+2022 IN 283—LS 6912/DI 87 83
3542+1 (b) When the assessments or awards are completed, the works board
3543+2 shall have a written notice served upon the owner of each piece of
3544+3 property, showing the amount of the assessment or award, by:
3545+4 (1) if the owner is a resident of the municipality, leaving a copy
3546+5 of the notice at the owner's last usual place of residence in the
3547+6 municipality or by delivering a copy to the owner personally and
3548+7 mailing a copy of the notice to the owner's address of record; or
3549+8 (2) if the owner is not a resident of the municipality, by sending
3550+9 the notice to the owner's address of record by certified mail.
3551+10 (c) If the owner's residence is unknown, the municipality shall notify
3552+11 the owner by publication once each week for three (3) successive
3553+12 weeks:
3554+13 (1) with each publication of notice in a daily newspaper of general
3555+14 circulation in the municipality; or
3556+15 (2) with the first publication of notice in a newspaper described
3557+16 in subdivision (1) and the two (2) subsequent publications of
3558+17 notice: (A) in accordance with IC 5-3-5 and (B) on the official
3559+18 web site of the municipality.
3560+19 (d) The notices must also name a day, at least thirty (30) days after
3561+20 service of notice or after the last publication, on which the works board
3562+21 will receive or hear remonstrances from owners with regard to:
3563+22 (1) the amount of their respective awards or assessments; and
3564+23 (2) objections to the municipality's right to exercise the power of
3565+24 eminent domain for the use sought.
3566+25 (e) Persons not included in the list of the assessments or awards and
3567+26 claiming to be entitled to them are considered to have been notified of
3568+27 the pendency of the proceedings by the original notice of the resolution
3569+28 of the works board.
3570+29 (f) The notice required by this section must provide the full text of
3571+30 subsection (d) to provide notice to the property owners of their right to
3572+31 object to the condemnation and be in substantially the same form as the
3573+32 notice required under IC 32-24-1-6(a).
3574+33 SECTION 82. IC 32-29-7-3, AS AMENDED BY THE
3575+34 TECHNICAL CORRECTIONS BILL OF THE 2022 GENERAL
3576+35 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3577+36 JULY 1, 2022]: Sec. 3. (a) In a proceeding for the foreclosure of a
3578+37 mortgage executed on real estate, process may not issue for the
3579+38 execution of a judgment or decree of sale for a period of three (3)
3580+39 months after the filing of a complaint in the proceeding. However:
3581+40 (1) the period is:
3582+41 (A) twelve (12) months in a proceeding for the foreclosure of
3583+42 a mortgage executed before January 1, 1958; and
3584+2022 IN 283—LS 6912/DI 87 84
3585+1 (B) six (6) months in a proceeding for the foreclosure of a
3586+2 mortgage executed after December 31, 1957, but before July 1,
3587+3 1975; and
3588+4 (2) if the court finds under IC 32-30-10.6 that the mortgaged real
3589+5 estate has been abandoned, a judgment or decree of sale may be
3590+6 executed on the date the judgment of foreclosure or decree of sale
3591+7 is entered, regardless of the date the mortgage is executed.
3592+8 (b) A judgment and decree in a proceeding to foreclose a mortgage
3593+9 that is entered by a court having jurisdiction may be filed with the clerk
3594+10 in any county as provided in IC 33-32-3-2. After the period set forth in
3595+11 subsection (a) expires, a person who may enforce the judgment and
3596+12 decree may file a praecipe with the clerk in any county where the
3597+13 judgment and decree is filed, and the clerk shall promptly issue and
3598+14 certify to the sheriff of that county a copy of the judgment and decree
3599+15 under the seal of the court. However, if:
3600+16 (1) a praecipe is not filed with the clerk within one hundred eighty
3601+17 (180) days after the later of the dates on which:
3602+18 (A) the period specified in subsection (a) expires; or
3603+19 (B) the judgment and decree is filed; and
3604+20 (2) the sale is not:
3605+21 (A) otherwise prohibited by law;
3606+22 (B) subject to a voluntary statewide foreclosure moratorium; or
3607+23 (C) subject to a written agreement that:
3608+24 (i) provides for a delay in the sale of the mortgaged real
3609+25 estate; and
3610+26 (ii) is executed by and between the owner of the mortgaged
3611+27 real estate and a party entitled to enforce the judgment and
3612+28 decree;
3613+29 an enforcement authority that has issued an abatement order under
3614+30 IC 36-7-36-9 with respect to the mortgaged real estate may file a
3615+31 praecipe with the clerk in any county where the judgment and decree
3616+32 is filed. If an enforcement authority files a praecipe under this
3617+33 subsection, the clerk of the county in which the praecipe is filed shall
3618+34 promptly issue and certify to the sheriff of that county a copy of the
3619+35 judgment and decree under the seal of the court.
3620+36 (c) Upon receiving a certified judgment under subsection (b), the
3621+37 sheriff shall, subject to section 4 of this chapter, sell the mortgaged
3622+38 premises or as much of the mortgaged premises as necessary to satisfy
3623+39 the judgment, interest, and costs at public auction at the office of the
3624+40 sheriff or at another location that is reasonably likely to attract higher
3625+41 competitive bids. The sheriff shall schedule the date and time of the
3626+42 sheriff's sale for:
3627+2022 IN 283—LS 6912/DI 87 85
3628+1 (1) a date not later than:
3629+2 (A) sixty (60) days after the date on which a judgment and
3630+3 decree under IC 32-30-10.6-5; and
3631+4 (B) one hundred twenty (120) days after the date on which a
3632+5 judgment and decree in all other cases;
3633+6 under seal of the court is certified to the sheriff by the clerk; and
3634+7 (2) a time certain between the hours of 10 a.m. and 4 p.m. on any
3635+8 day of the week except Sunday.
3636+9 (d) Before selling mortgaged property, the sheriff must advertise the
3637+10 sale by publication once each week for three (3) successive weeks:
3638+11 (1) with each publication of notice in a daily or weekly newspaper
3639+12 of general circulation in at least one (1) newspaper published and
3640+13 circulated in each county where the real estate is situated; or
3641+14 (2) with the first publication of notice in a newspaper described
3642+15 in subdivision (1) and the two (2) subsequent publications of
3643+16 notice: (A) in accordance with IC 5-3-5 and (B) on the official
3644+17 web site of each county where the real estate is located.
3645+18 The first publication shall be made at least thirty (30) days before the
3646+19 date of sale. At the time of placing the first advertisement by
3647+20 publication, the sheriff shall also serve a copy of the written or printed
3648+21 notice of sale upon each owner of the real estate. Service of the written
3649+22 notice shall be made as provided in the Indiana Rules of Trial
3650+23 Procedure governing service of process upon a person.
3651+24 (e) The sheriff shall charge a fee of ten dollars ($10) to one (1)
3652+25 owner and three dollars ($3) to each additional owner for service of
3653+26 written notice under this subsection (d). The fee is:
3654+27 (1) a cost of the proceeding;
3655+28 (2) to be collected as other costs of the proceeding are collected;
3656+29 and
3657+30 (3) to be deposited in the county general fund for appropriation
3658+31 for operating expenses of the sheriff's department.
3659+32 (f) The sheriff also shall post written or printed notices of the sale
3660+33 at the door of the courthouse of each county in which the real estate is
3661+34 located.
3662+35 (g) If the sheriff is unable to procure the publication of a notice
3663+36 within the county, the sheriff may dispense with publication. The
3664+37 sheriff shall state that the sheriff was not able to procure the
3665+38 publication and explain the reason why publication was not possible.
3666+39 (h) Notices under subsections (d), (e), (f), and (j) must contain a
3667+40 statement, for informational purposes only, of the location of each
3668+41 property by street address, if any, or other common description of the
3669+42 property other than legal description. A misstatement in the
3670+2022 IN 283—LS 6912/DI 87 86
3671+1 informational statement under this subsection does not invalidate an
3672+2 otherwise valid sale.
3673+3 (i) The sheriff may charge an administrative fee of not more than
3674+4 two hundred dollars ($200) with respect to a proceeding referred to in
3675+5 subsection (b) for actual costs directly attributable to the administration
3676+6 of the sale under subsection (c). The fee is:
3677+7 (1) payable by the person seeking to enforce the judgment and
3678+8 decree; and
3679+9 (2) due at the time of filing of the praecipe;
3680+10 under subsection (b).
3681+11 (j) If a sale of mortgaged property scheduled under this section is
3682+12 canceled, the sheriff shall provide written notice of the cancellation to
3683+13 each owner of the real estate. Service of the written notice shall be
3684+14 made as provided in the Indiana Rules of Trial Procedure governing
3685+15 service of process upon a person. The sheriff shall charge a fee of ten
3686+16 dollars ($10) for notice to one (1) owner and three dollars ($3) for
3687+17 notice to each additional owner for service of written notice under this
3688+18 subsection. The fee:
3689+19 (1) is a cost of the proceeding;
3690+20 (2) shall be collected as other costs of the proceeding are
3691+21 collected; and
3692+22 (3) shall be deposited in the county general fund for appropriation
3693+23 for operating expenses of the sheriff's department.
3694+24 The fee for service under this subsection shall be paid by the person
3695+25 who caused the sale to be canceled.
3696+26 SECTION 83. IC 34-55-6-9, AS AMENDED BY P.L.152-2021,
3697+27 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3698+28 JULY 1, 2022]: Sec. 9. (a) A sale of real estate, on execution, shall be
3699+29 advertised by the sheriff for at least twenty (20) days successively, next
3700+30 before the day of sale, by:
3701+31 (1) posting written or printed notices of the sale in three (3) public
3702+32 places in the township in which the real estate is located;
3703+33 (2) posting a like advertisement at the door of the courthouse of
3704+34 the county; and
3705+35 (3) advertising the sale for three (3) weeks successively by
3706+36 publishing notice:
3707+37 (A) with each publication of notice in a newspaper:
3708+38 (i) of general circulation;
3709+39 (ii) printed in the English language; and
3710+40 (iii) published in the county where the real estate is located;
3711+41 or
3712+42 (B) with the first publication of notice one (1) time in a
3713+2022 IN 283—LS 6912/DI 87 87
3714+1 newspaper described in clause (A) and all successive
3715+2 publications of notice: (i) in accordance with IC 5-3-5 and (ii)
3716+3 on the official web site of each county where the real estate is
3717+4 located.
3718+5 (b) However, if the sheriff is not able to procure the publication of
3719+6 the notice in a newspaper of general circulation, published within the
3720+7 sheriff's county, the sheriff may:
3721+8 (1) dispense with the publication of the notice; or
3722+9 (2) publish the notice on the official web site of each county
3723+10 where the real estate is located for three (3) weeks successively.
3724+11 The land may be sold without the required publication, but the sheriff
3725+12 shall, in the sheriff's return of the writ, state the sheriff's inability to
3726+13 procure the publication of notice in the newspaper. The return has the
3727+14 same effect in evidence as the official returns of sheriffs in other cases.
3728+15 (c) In a notice under this section, the sheriff must include the
3729+16 following:
3730+17 (1) A statement of the date, time, and place of the sale.
3731+18 (2) A description of the location of the property that includes, for
3732+19 informational purposes only, the location of each property by
3733+20 street address, if any, or other common description of the property
3734+21 other than legal description. However, a misstatement in the
3735+22 informational statement under this subdivision does not invalidate
3736+23 an otherwise valid sale.
3737+24 SECTION 84. IC 35-47-3-2, AS AMENDED BY P.L.101-2017,
3738+25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3739+26 JULY 1, 2022]: Sec. 2. (a) This section applies only to firearms which
3740+27 are not required to be registered in the National Firearms Registration
3741+28 and Transfer Record.
3742+29 (b) Firearms shall be returned to the rightful owner at once
3743+30 following final disposition of the cause if a return has not already
3744+31 occurred under the terms of IC 35-33-5. If the rightful ownership is not
3745+32 known the law enforcement agency holding the firearm shall make a
3746+33 reasonable attempt to ascertain the rightful ownership and cause the
3747+34 return of the firearm. However, nothing in this chapter shall be
3748+35 construed as requiring the return of firearms to rightful owners who
3749+36 have been convicted for the misuse of firearms. In such cases, the court
3750+37 may provide for the return of the firearm in question or order that the
3751+38 firearm be at once delivered:
3752+39 (1) except as provided in subdivision (2), to the sheriff's
3753+40 department of the county in which the offense occurred; or
3754+41 (2) to the law enforcement agency that confiscated the firearm.
3755+42 (c) If at least one hundred eighty (180) days have elapsed since the
3756+2022 IN 283—LS 6912/DI 87 88
3757+1 sheriff's department or law enforcement agency received the firearm,
3758+2 and:
3759+3 (1) all reasonable attempts to locate the rightful owner of the
3760+4 firearm have failed; or
3761+5 (2) the rightful owner has been convicted of an offense related to
3762+6 the misuse of a firearm;
3763+7 the sheriff's department or law enforcement agency shall dispose of the
3764+8 firearm as described in subsection (d).
3765+9 (d) Subject to subsection (c), the receiving law enforcement agency
3766+10 shall dispose of firearms under subsection (b), at the discretion of the
3767+11 law enforcement agency, by use of any of the following procedures:
3768+12 (1) Public sale of the firearms to the general public as follows:
3769+13 (A) Notice of the sale shall be (i) posted for ten (10) days in the
3770+14 county courthouse in a place readily accessible to the general
3771+15 public and (ii) advertised published for two (2) days at least
3772+16 five (5) days before the sale:
3773+17 (i) in the principal newspaper of the county; or
3774+18 (ii) in accordance with IC 5-3-5 on the official web site of
3775+19 the county.
3776+20 for two (2) days in an advertisement that appears in the
3777+21 newspaper at least five (5) days prior to the sale.
3778+22 (B) Disposition of the firearm shall be by public auction in a
3779+23 place convenient to the general public, with disposition going
3780+24 to the highest bidder. However, no firearm shall be transferred
3781+25 to any bidder if that bidder is not lawfully eligible to receive
3782+26 and possess firearms according to the laws of the United States
3783+27 and Indiana.
3784+28 (C) All handguns transferred under this subdivision shall also
3785+29 be transferred according to the transfer procedures set forth in
3786+30 this article.
3787+31 (D) Money collected pursuant to the sales shall first be used to
3788+32 defray the necessary costs of administering this subdivision
3789+33 with any surplus to be:
3790+34 (i) deposited into the receiving law enforcement agency's
3791+35 firearms training fund, other appropriate training activities
3792+36 fund, or any other fund that may be used by the receiving law
3793+37 enforcement agency for the purchase and maintenance of
3794+38 firearms, ammunition, vests, and other law enforcement
3795+39 equipment; and
3796+40 (ii) used by the agency exclusively to train law enforcement
3797+41 officers in the proper use of firearms or other law
3798+42 enforcement duties, and to purchase and maintain firearms,
3799+2022 IN 283—LS 6912/DI 87 89
3800+1 ammunition, vests, and other law enforcement equipment.
3801+2 A law enforcement agency may not sell a firearm to the general
3802+3 public if the firearm is unsafe to operate because it has been
3803+4 damaged or altered.
3804+5 (2) Sale of the firearms to a licensed firearms dealer as follows:
3805+6 (A) Notice of the sale must be (i) posted for ten (10) days in the
3806+7 county courthouse in a place readily accessible to the general
3807+8 public and published for two (2) days at least five (5) days
3808+9 before the sale:
3809+10 (ii) (i) advertised in the principal newspaper of the county; or
3810+11 (ii) in accordance with IC 5-3-5 on the official web site of
3811+12 the county.
3812+13 for two (2) days in an advertisement that appears in the
3813+14 newspaper at least five (5) days before the sale.
3814+15 (B) Disposition of the firearm shall be by auction with
3815+16 disposition going to the highest bidder who is a licensed
3816+17 firearms dealer.
3817+18 (C) Money collected from the sales shall first be used to defray
3818+19 the necessary costs of administering this subdivision and any
3819+20 surplus shall be:
3820+21 (i) deposited into the receiving law enforcement agency's
3821+22 firearms training fund, other appropriate training activities
3822+23 fund, or any other fund that may be used by the receiving law
3823+24 enforcement agency for the purchase and maintenance of
3824+25 firearms, ammunition, vests, and other law enforcement
3825+26 equipment; and
3826+27 (ii) used by the agency exclusively to train law enforcement
3827+28 officers in the proper use of firearms or other law
3828+29 enforcement duties, and to purchase and maintain firearms,
3829+30 ammunition, vests, and other law enforcement equipment.
3830+31 A law enforcement agency may sell a firearm to a licensed
3831+32 firearms dealer for salvage or repair, even if the firearm is unsafe
3832+33 to operate because it has been damaged or altered.
3833+34 (3) Sale or transfer of the firearms to another law enforcement
3834+35 agency.
3835+36 (4) Release to the state police department laboratory or other
3836+37 forensic laboratory administered by the state or a political
3837+38 subdivision (as defined in IC 36-1-2-13) for the purposes of
3838+39 research, training, and comparison in conjunction with the
3839+40 forensic examination of firearms evidence.
3840+41 (5) Destruction of the firearms. A firearm that is to be destroyed
3841+42 may be sold to a salvage company and destroyed by dismantling
3842+2022 IN 283—LS 6912/DI 87 90
3843+1 the firearm for parts, scrap metal, or recycling, or for resale as
3844+2 parts for other firearms.
3845+3 (e) A receiving law enforcement agency may, at its discretion,
3846+4 jointly sell firearms it has received with another law enforcement
3847+5 agency, or permit another law enforcement agency to sell firearms it
3848+6 has received on behalf of the receiving law enforcement agency. In any
3849+7 event, all confiscated firearms shall be disposed of as promptly as
3850+8 possible.
3851+9 (f) When a firearm is delivered to the state police department
3852+10 laboratory or other forensic laboratory under subsection (d)(4) and the
3853+11 state police department laboratory or other forensic laboratory
3854+12 determines the laboratory has no further need for the firearm in
3855+13 question, the laboratory shall return the firearm to the law enforcement
3856+14 agency for disposal under subsection (d).
3857+15 SECTION 85. IC 36-1-12.5-5, AS AMENDED BY P.L.152-2021,
3858+16 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3859+17 JULY 1, 2022]: Sec. 5. (a) The governing body may enter into an
3860+18 agreement with a public utility to participate in a utility efficiency
3861+19 program or enter into a guaranteed savings contract with a qualified
3862+20 provider to increase the political subdivision's billable revenues or
3863+21 reduce the school corporation's or the political subdivision's energy or
3864+22 water consumption, wastewater usage costs, or operating costs if, after
3865+23 review of the report described in section 6 of this chapter, the
3866+24 governing body finds:
3867+25 (1) in the case of conservation measures other than those that are
3868+26 part of a project related to the alteration of a water or wastewater
3869+27 structure or system, that the amount the governing body would
3870+28 spend on the conservation measures under the contract and that
3871+29 are recommended in the report is not likely to exceed the amount
3872+30 to be saved in energy consumption costs and other operating costs
3873+31 over twenty (20) years from the date of installation if the
3874+32 recommendations in the report were followed;
3875+33 (2) in the case of conservation measures that are part of a project
3876+34 related to the alteration of a water or wastewater structure or
3877+35 system, that the amount the governing body would spend on the
3878+36 conservation measures under the contract and that are
3879+37 recommended in the report is not likely to exceed the amount of
3880+38 increased billable revenues or the amount to be saved in energy
3881+39 and water consumption costs, wastewater usage costs, and other
3882+40 operating costs over twenty (20) years from the date of
3883+41 installation if the recommendations in the report were followed;
3884+42 and
3885+2022 IN 283—LS 6912/DI 87 91
3886+1 (3) in the case of a guaranteed savings contract, the qualified
3887+2 provider provides a written guarantee as described in subsection
3888+3 (d)(3).
3889+4 (b) Before entering into an agreement to participate in a utility
3890+5 efficiency program or a guaranteed savings contract under this section,
3891+6 the governing body must publish notice under subsection (c)
3892+7 indicating:
3893+8 (1) that the governing body is requesting public utilities or
3894+9 qualified providers to propose conservation measures through:
3895+10 (A) a utility efficiency program; or
3896+11 (B) a guaranteed savings contract; and
3897+12 (2) the date, the time, and the place where proposals must be
3898+13 received.
3899+14 (c) The notice required by subsection (b) must be published two (2)
3900+15 times with at least one (1) week between publications:
3901+16 (1) with each publication of notice in accordance with IC 5-3-1-1
3902+17 in two (2) newspapers of general circulation in the county where
3903+18 the school corporation or the political subdivision is located; or
3904+19 (2) with the first publication of notice in the newspapers
3905+20 described in subdivision (1) and the second publication of notice:
3906+21 (A) in accordance with IC 5-3-5 and (B) on the official web site
3907+22 of the school corporation or the political subdivision.
3908+23 The second publication must be made at least thirty (30) days before
3909+24 the date by which proposals must be received.
3910+25 (d) An agreement to participate in a utility efficiency program or
3911+26 guaranteed savings contract under this section must provide that:
3912+27 (1) in the case of conservation measures other than those that are
3913+28 part of a project related to the alteration of a water or wastewater
3914+29 structure or system, all payments, except obligations upon the
3915+30 termination of the agreement or contract before the agreement or
3916+31 contract expires, may be made to the public utility or qualified
3917+32 provider (whichever applies) in installments, not to exceed the
3918+33 lesser of twenty (20) years or the average life of the conservation
3919+34 measures installed from the date of final installation;
3920+35 (2) in the case of conservation measures that are part of a project
3921+36 related to the alteration of a water or wastewater structure or
3922+37 system, all payments, except obligations upon the termination of
3923+38 the agreement or contract before the agreement or contract
3924+39 expires, may be made to the public utility or qualified provider
3925+40 (whichever applies) in installments, not to exceed the lesser of
3926+41 twenty (20) years or the average life of the conservation measures
3927+42 installed from the date of final installation;
3928+2022 IN 283—LS 6912/DI 87 92
3929+1 (3) in the case of the guaranteed savings contract:
3930+2 (A) the:
3931+3 (i) savings in energy and water consumption costs,
3932+4 wastewater usage costs, and other operating costs; and
3933+5 (ii) increase in billable revenues;
3934+6 due to the conservation measures are guaranteed to cover the
3935+7 costs of the payments for the measures; and
3936+8 (B) the qualified provider will reimburse the school corporation
3937+9 or political subdivision for the difference between the
3938+10 guaranteed savings and the actual savings; and
3939+11 (4) payments are subject to annual appropriation by the fiscal
3940+12 body of the school corporation or political subdivision and do not
3941+13 constitute an indebtedness of the school corporation or political
3942+14 subdivision within the meaning of a constitutional or statutory
3943+15 debt limitation.
3944+16 SECTION 86. IC 36-1.5-4-7, AS AMENDED BY P.L.152-2021,
3945+17 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3946+18 JULY 1, 2022]: Sec. 7. (a) In the year before the year in which the
3947+19 participating political subdivisions are reorganized under this chapter:
3948+20 (1) subject to subsection (b), the fiscal bodies of the reorganizing
3949+21 political subdivisions shall, in the manner provided by
3950+22 IC 6-1.1-17, adopt tax levies, tax rates, and a budget for the
3951+23 reorganized political subdivision either through the adoption of
3952+24 substantially identical resolutions adopted by each of the fiscal
3953+25 bodies or, if authorized in the plan of reorganization, through a
3954+26 joint board established under an agreement of the fiscal bodies on
3955+27 which the members of each of the fiscal bodies are represented;
3956+28 and
3957+29 (2) if the reorganized political subdivision will have elected
3958+30 offices and different election districts than any of the reorganizing
3959+31 political subdivisions, the legislative bodies of the reorganizing
3960+32 political subdivisions shall establish the election districts either
3961+33 through the adoption of substantially identical resolutions adopted
3962+34 by each of the legislative bodies or, if authorized in the plan of
3963+35 reorganization, through a joint board established under an
3964+36 agreement of the legislative bodies on which the members of each
3965+37 of the legislative bodies are represented.
3966+38 (b) This subsection applies to two (2) or more school corporations
3967+39 that participate in a reorganization in which the voters approve a plan
3968+40 of reorganization in a general election and the plan of reorganization
3969+41 provides for the reorganization to become effective for property taxes
3970+42 first due and payable in the immediately following calendar year. The
3971+2022 IN 283—LS 6912/DI 87 93
3972+1 participating school corporations may publish notices, hold public
3973+2 hearings, and take final action for the adoption of property tax levies,
3974+3 property tax rates, and a budget for the reorganized school corporation
3975+4 after the voters approve the plan of reorganization. The alternative
3976+5 schedule must comply with the following:
3977+6 (1) Each participating school corporation shall give notice by
3978+7 publication to taxpayers of:
3979+8 (A) the estimated budget;
3980+9 (B) the estimated maximum permissible levy;
3981+10 (C) the current and proposed tax levies of each fund; and
3982+11 (D) the amounts of excessive levy appeals to be requested;
3983+12 for the ensuing year as set forth in subsection (c).
3984+13 (2) Each participating school corporation must conduct a public
3985+14 hearing on the proposed tax levies, tax rates, and budget at least
3986+15 ten (10) days before the date the participating school corporation
3987+16 adopts the proposed tax levies, tax rates, and budget.
3988+17 (3) The governing body of each participating school corporation
3989+18 must meet to fix the tax levies, tax rates, and budget for the
3990+19 ensuing year before December 6 of the year the public question
3991+20 is approved by the voters.
3992+21 (4) The county auditor shall certify the adopted property tax
3993+22 levies, property tax rates, and budget for the reorganized school
3994+23 corporation to the department of local government finance before
3995+24 December 8 in the year in which the public question is approved
3996+25 by the voters.
3997+26 Subject to subsection (d), the department of local government finance
3998+27 may adjust any other applicable time limit specified in IC 6-1.1-17 to
3999+28 be consistent with this section.
4000+29 (c) The notice under subsection (b)(1) must be published two (2)
4001+30 times:
4002+31 (1) with each publication of notice in a newspaper in accordance
4003+32 with IC 5-3-1; or
4004+33 (2) with the first publication of notice in a newspaper described
4005+34 in subdivision (1) and the second publication of notice: (A) in
4006+35 accordance with IC 5-3-5 and (B) on the official web site of each
4007+36 participating school corporation.
4008+37 The first publication of notice must be at least ten (10) days before the
4009+38 date fixed for the public hearing and the last publication of notice must
4010+39 be not later than November 24 of the year the public question is
4011+40 approved by the voters.
4012+41 (d) The department of local government finance is expressly
4013+42 directed to complete the duties assigned to it under IC 6-1.1-17-16 with
4014+2022 IN 283—LS 6912/DI 87 94
4015+1 respect to the submitted property tax levies, property tax rates, and
4016+2 budget as follows:
4017+3 (1) For each budget year before 2019, not later than February 15
4018+4 of that budget year.
4019+5 (2) For each budget year after 2018, not later than December 31
4020+6 of the year preceding that budget year, unless a taxing unit in a
4021+7 county is issuing debt after December 1 in the year preceding the
4022+8 budget year or intends to file a shortfall appeal under
4023+9 IC 6-1.1-18.5-16.
4024+10 (3) For each budget year after 2018, not later than January 15 of
4025+11 the budget year if a taxing unit in a county is issuing debt after
4026+12 December 1 in the year preceding the budget year or intends to
4027+13 file a shortfall appeal under IC 6-1.1-18.5-16.
4028+14 (e) If a school is converted into a charter school under IC 20-24-11,
4029+15 the charter school must, before December 1 of each year, publish its
4030+16 estimated annual budget for the ensuing year in accordance with
4031+17 IC 5-3-1.
4032+18 SECTION 87. IC 36-2-3.5-4 IS AMENDED TO READ AS
4033+19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) All powers and
4034+20 duties of the county that are executive or administrative in nature shall
4035+21 be exercised or performed by its executive, except to the extent that
4036+22 these powers and duties are expressly assigned to other elected officers.
4037+23 (b) The executive shall:
4038+24 (1) report the state of the county annually before March 1 to the
4039+25 county legislative body and to the people of the county;
4040+26 (2) recommend annually before March 1 to the legislative body
4041+27 whatever action or program it considers necessary for the
4042+28 improvement of the county and the welfare of its residents;
4043+29 (3) submit to the legislative body an annual budget in accordance
4044+30 with IC 36-2-5;
4045+31 (4) establish the procedures to be followed by all county
4046+32 departments, offices, and agencies under its jurisdiction to the
4047+33 extent these procedures are not expressly assigned to other elected
4048+34 officers;
4049+35 (5) administer all statutes applicable to the county, and its
4050+36 ordinances and regulations, to the extent these matters are not
4051+37 expressly assigned to other elected officers;
4052+38 (6) supervise the care and custody of all county property;
4053+39 (7) supervise the collection of revenues and control all
4054+40 disbursements and expenditures, and prepare a complete account
4055+41 of all expenditures, to the extent these matters are not expressly
4056+42 assigned to other elected officers;
4057+2022 IN 283—LS 6912/DI 87 95
4058+1 (8) review, analyze, and forecast trends for county services and
4059+2 finances, and programs of all county governmental entities, and
4060+3 report and recommend on these to the legislative body by March
4061+4 15 each year;
4062+5 (9) negotiate contracts for the county;
4063+6 (10) make recommendations concerning the nature and location
4064+7 of county improvements, and provide for the execution of those
4065+8 improvements;
4066+9 (11) supervise county administrative offices except for the offices
4067+10 of elected officers; and
4068+11 (12) perform other duties and functions that are imposed on it by
4069+12 statute or ordinance.
4070+13 (c) The executive may:
4071+14 (1) order any agency under its jurisdiction to undertake any task
4072+15 for any other agency under its jurisdiction on a temporary basis,
4073+16 if necessary for the proper and efficient administration of county
4074+17 government;
4075+18 (2) approve or veto ordinances passed by the legislative body, in
4076+19 the manner prescribed by IC 36-2-4-8; IC 36-2-4-8.2; and
4077+20 (3) establish and administer centralized budgeting, centralized
4078+21 personnel selection, and centralized purchasing.
4079+22 SECTION 88. IC 36-2-4-0.1, AS ADDED BY P.L.220-2011,
4080+23 SECTION 642, IS AMENDED TO READ AS FOLLOWS
4081+24 [EFFECTIVE JULY 1, 2022]: Sec. 0.1. The amendments made by
4082+25 P.L.335-1985 to:
4083+26 (1) sections section 7 of this chapter; and
4084+27 (2) section 8 of this chapter (before its repeal);
4085+28 by P.L.335-1985 do not affect a proposal initiated before September 1,
4086+29 1986, to amend, repeal, or otherwise change a comprehensive plan or
4087+30 zoning ordinance under IC 36-7-4. Such a proposal may be considered,
4088+31 adopted, and approved under the statutes in effect before September 1,
4089+32 1986, as if P.L.335-1985 had not been enacted.
4090+33 SECTION 89. IC 36-2-4-8, AS AMENDED BY P.L.22-2021,
4091+34 SECTION 5, IS REPEALED [EFFECTIVE JULY 1, 2022]. Sec. 8. (a)
4092+35 An ordinance, order, or resolution is considered adopted when it is
4093+36 signed by the presiding officer. If required, an adopted ordinance,
4094+37 order, or resolution must be promulgated or published according to
4095+38 statute before it takes effect.
4096+39 (b) An ordinance prescribing a penalty or forfeiture for a violation
4097+40 must, before it takes effect, be published once each week for two (2)
4098+41 consecutive weeks, according to IC 5-3-1. However, if such an
4099+42 ordinance is adopted by the legislative body of a county subject to
4100+2022 IN 283—LS 6912/DI 87 96
4101+1 IC 36-2-3.5 and there is an urgent necessity requiring its immediate
4102+2 effectiveness, it need not be published if:
4103+3 (1) the county executive proclaims the urgent necessity; and
4104+4 (2) copies of the ordinance are posted in three (3) public places in
4105+5 each of the districts of the county before it takes effect.
4106+6 (c) The following apply in addition to the other requirements of this
4107+7 section:
4108+8 (1) An ordinance or resolution passed by the legislative body of
4109+9 a county subject to IC 36-2-3.5 is considered adopted only if it is:
4110+10 (A) approved by signature of a majority of the county executive
4111+11 (in the case of a county subject to IC 36-2-3.5);
4112+12 (B) neither approved nor vetoed by a majority of the executive
4113+13 (in the case of a county subject to IC 36-2-3.5) within ten (10)
4114+14 days after passage by the legislative body; or
4115+15 (C) passed over the veto of the executive by a two-thirds (2/3)
4116+16 vote of the legislative body, within sixty (60) days after
4117+17 presentation of the ordinance or resolution to the executive.
4118+18 (2) Subject to subsection (g), the legislative body of a county
4119+19 shall:
4120+20 (A) subject to subdivision (3), give written notice to the
4121+21 department of environmental management not later than sixty
4122+22 (60) days before amendment or repeal of an environmental
4123+23 restrictive ordinance; and
4124+24 (B) give written notice to the department of environmental
4125+25 management not later than thirty (30) days after passage,
4126+26 amendment, or repeal of an environmental restrictive
4127+27 ordinance.
4128+28 (3) Upon written request by the legislative body, the department
4129+29 of environmental management may waive the notice requirement
4130+30 of subdivision (2)(A).
4131+31 (4) An environmental restrictive ordinance passed or amended
4132+32 after 2009 by the legislative body must state the notice
4133+33 requirements of subdivision (2).
4134+34 (5) The failure of an environmental restrictive ordinance to
4135+35 comply with subdivision (4) does not void the ordinance.
4136+36 (d) After an ordinance or resolution passed by the legislative body
4137+37 of a county subject to IC 36-2-3.5 has been signed by the presiding
4138+38 officer, the county auditor shall present it to the county executive, and
4139+39 record the time of the presentation. Within ten (10) days after an
4140+40 ordinance or resolution is presented to it, the executive shall:
4141+41 (1) approve the ordinance or resolution, by signature of a majority
4142+42 of the executive (in the case of a county subject to IC 36-2-3.5),
4143+2022 IN 283—LS 6912/DI 87 97
4144+1 and send the legislative body a message announcing its approval;
4145+2 or
4146+3 (2) veto the ordinance or resolution, by returning it to the
4147+4 legislative body with a message announcing its veto and stating
4148+5 its reasons for the veto.
4149+6 (e) This section (other than subsection (c)(2)) does not apply to a
4150+7 zoning ordinance or amendment to a zoning ordinance, or a resolution
4151+8 approving a comprehensive plan, that is adopted under IC 36-7.
4152+9 (f) An ordinance increasing a building permit fee on new
4153+10 development must:
4154+11 (1) be published:
4155+12 (A) one (1) time in accordance with IC 5-3-1; and
4156+13 (B) not later than thirty (30) days after the ordinance is adopted
4157+14 by the legislative body in accordance with IC 5-3-1; and
4158+15 (2) delay the implementation of the fee increase for ninety (90)
4159+16 days after the date the ordinance is published under subdivision
4160+17 (1).
4161+18 (g) The notice requirements of subsection (c)(2) apply only if the
4162+19 municipal corporation received under IC 13-25-5-8.5(f) written notice
4163+20 that the department is relying on the environmental restrictive
4164+21 ordinance referred to in subsection (c)(2) as part of a risk based
4165+22 remediation proposal:
4166+23 (1) approved by the department; and
4167+24 (2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or
4168+25 IC 13-25-5.
4169+26 SECTION 90. IC 36-2-4-8, AS AMENDED BY P.L.152-2021,
4170+27 SECTION 39, IS REPEALED [EFFECTIVE JULY 1, 2022]. Sec. 8. (a)
4171+28 An ordinance, order, or resolution is considered adopted when it is
4172+29 signed by the presiding officer. If required, an adopted ordinance,
4173+30 order, or resolution must be promulgated or published according to
4174+31 statute before it takes effect.
4175+32 (b) An ordinance prescribing a penalty or forfeiture for a violation
4176+33 must, before it takes effect, be published once each week for two (2)
4177+34 consecutive weeks, according to IC 5-3-1:
4178+35 (1) with each publication of notice in a newspaper in accordance
4179+36 with IC 5-3-1; or
4180+37 (2) with the first publication of notice in a newspaper described
4181+38 in subdivision (1) and the second publication of notice:
4182+39 (A) in accordance with IC 5-3-5; and
4183+40 (B) on the official web site of the county.
4184+41 (c) The following apply in addition to the other requirements of this
4185+42 section:
4186+2022 IN 283—LS 6912/DI 87 98
4187+1 (1) Subject to subsection (f), the legislative body of a county
4188+2 shall:
4189+3 (A) subject to subdivision (2), give written notice to the
4190+4 department of environmental management not later than sixty
4191+5 (60) days before amendment or repeal of an environmental
4192+6 restrictive ordinance; and
4193+7 (B) give written notice to the department of environmental
4194+8 management not later than thirty (30) days after passage,
4195+9 amendment, or repeal of an environmental restrictive
4196+10 ordinance.
4197+11 (2) Upon written request by the legislative body, the department
4198+12 of environmental management may waive the notice requirement
4199+13 of subdivision (1)(A).
4200+14 (3) An environmental restrictive ordinance passed or amended
4201+15 after 2009 by the legislative body must state the notice
4202+16 requirements of subdivision (1).
4203+17 (4) The failure of an environmental restrictive ordinance to
4204+18 comply with subdivision (3) does not void the ordinance.
4205+19 (d) This section (other than subsection (c)(1)) does not apply to a
4206+20 zoning ordinance or amendment to a zoning ordinance, or a resolution
4207+21 approving a comprehensive plan, that is adopted under IC 36-7.
4208+22 (e) An ordinance increasing a building permit fee on new
4209+23 development must:
4210+24 (1) be published:
4211+25 (A) one (1) time in accordance with IC 5-3-1; and
4212+26 (B) not later than thirty (30) days after the ordinance is adopted
4213+27 by the legislative body in accordance with IC 5-3-1; and
4214+28 (2) delay the implementation of the fee increase for ninety (90)
4215+29 days after the date the ordinance is published under subdivision
4216+30 (1).
4217+31 (f) The notice requirements of subsection (c)(1) apply only if the
4218+32 municipal corporation received under IC 13-25-5-8.5(f) written notice
4219+33 that the department is relying on the environmental restrictive
4220+34 ordinance referred to in subsection (c)(1) as part of a risk based
4221+35 remediation proposal:
4222+36 (1) approved by the department; and
4223+37 (2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or
4224+38 IC 13-25-5.
4225+39 SECTION 91. IC 36-2-4-8.1 IS ADDED TO THE INDIANA CODE
4226+40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4227+41 1, 2022]: Sec. 8.1. (a) This section does not apply to any of the
4228+42 following adopted under IC 36-7:
4229+2022 IN 283—LS 6912/DI 87 99
4230+1 (1) A zoning ordinance.
4231+2 (2) An amendment to a zoning ordinance.
4232+3 (3) A resolution approving a comprehensive plan.
4233+4 (b) Except as provided in section 8.2 of this chapter, an
4234+5 ordinance, order, or resolution is considered adopted when the
4235+6 ordinance, order, or resolution is signed by the presiding officer.
4236+7 If required, an adopted ordinance, order, or resolution must be
4237+8 promulgated or published according to statute before the
4238+9 ordinance, order, or resolution takes effect.
4239+10 (c) Except as provided in section 8.2 of this chapter, an
4240+11 ordinance prescribing a penalty or forfeiture for a violation must,
4241+12 before it takes effect, be published in accordance with IC 5-3-1
4242+13 once each week for two (2) weeks:
4243+14 (1) in a newspaper; or
4244+15 (2) in accordance with IC 5-3-5 on the official web site of the
4245+16 county.
4246+(d) 17 An ordinance increasing a building permit fee on new
4247+18 development must be published one (1) time and not later than
4248+19 thirty (30) days after the ordinance is adopted by the legislative
4249+20 body in accordance with IC 5-3-1. The ordinance must delay the
4250+21 implementation of the fee increase for ninety (90) days after the
4251+22 date the ordinance is published:
4252+23 (1) in a newspaper; or
4253+24 (2) in accordance with IC 5-3-5 on the official web site of the
4254+25 county.
4255+26 SECTION 92. IC 36-2-4-8.2 IS ADDED TO THE INDIANA CODE
4256+27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4257+28 1, 2022]: Sec. 8.2. (a) This section applies only to a county subject
4258+29 to IC 36-2-3.5.
4259+30 (b) This section does not apply to any of the following adopted
4260+31 under IC 36-7:
4261+32 (1) A zoning ordinance.
4262+33 (2) An amendment to a zoning ordinance.
4263+34 (3) A resolution approving a comprehensive plan.
4264+35 (c) After an ordinance or resolution passed by the county
4265+36 legislative body has been signed by the presiding officer of the
4266+37 county legislative body, the county auditor shall:
4267+38 (1) present the ordinance or resolution to the county
4268+39 executive; and
4269+40 (2) record the time of the presentation.
4270+41 (d) Not later than ten (10) days after an ordinance or resolution
4271+42 is presented to the county executive, the county executive shall:
4272+2022 IN 283—LS 6912/DI 87 100
4273+1 (1) approve the ordinance or resolution, by signature of a
4274+2 majority of the county executive, and send the county
4275+3 legislative body a message announcing the county executive's
4276+4 approval; or
4277+5 (2) veto the ordinance or resolution, by returning the
4278+6 ordinance or resolution to the county legislative body with a
4279+7 message announcing the county executive's veto and stating
4280+8 the county executive's reasons for the veto.
4281+9 (e) An ordinance or resolution passed by the county legislative
4282+10 body is considered adopted only if the ordinance or resolution is:
4283+11 (1) approved by signature of a majority of the county
4284+12 executive;
4285+13 (2) neither approved nor vetoed by a majority of the county
4286+14 executive, not later than ten (10) days after passage by the
4287+15 county legislative body; or
4288+16 (3) passed over the veto of the county executive by a
4289+17 two-thirds (2/3) vote of the county legislative body, not later
4290+18 than sixty (60) days after presentation of the ordinance or
4291+19 resolution to the county executive.
4292+20 (f) If the county legislative body adopts an ordinance
4293+21 prescribing a penalty or forfeiture for a violation and there is an
4294+22 urgent necessity requiring the ordinance's immediate effectiveness,
4295+23 the ordinance becomes effective without publication if:
4296+24 (1) the county executive proclaims the urgent necessity; and
4297+25 (2) copies of the ordinance are posted in three (3) public
4298+26 places in each of the districts of the county before the
4299+27 ordinance takes effect.
4300+28 SECTION 93. IC 36-2-4-8.3 IS ADDED TO THE INDIANA CODE
4301+29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4302+30 1, 2022]: Sec. 8.3. (a) This section applies only to a county that
4303+31 receives under IC 13-25-5-8.5(f) a written notice that the
4304+32 department of environmental management is relying on an
4305+33 environmental restrictive ordinance as part of a risk based
4306+34 remediation proposal:
4307+35 (1) approved by the department of environmental
4308+36 management; and
4309+37 (2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4,
4310+38 or IC 13-25-5.
4311+39 (b) A county legislative body shall give written notice to the
4312+40 department of environmental management not later than sixty (60)
4313+41 days before amendment or repeal of an environmental restrictive
4314+42 ordinance, including a zoning ordinance, zoning ordinance
4315+2022 IN 283—LS 6912/DI 87 101
4316+1 amendment, or resolution approving a comprehensive plan
4317+2 adopted under IC 36-7. However, upon written request by the
4318+3 county legislative body, the department of environmental
4319+4 management may waive the notice requirement.
4320+5 (c) A county legislative body shall give written notice to the
4321+6 department of environmental management not later than thirty
4322+7 (30) days after passage, amendment, or repeal of an environmental
4323+8 restrictive ordinance, including a zoning ordinance, zoning
4324+9 ordinance amendment, or resolution approving a comprehensive
4325+10 plan adopted under IC 36-7.
4326+11 (d) An environmental restrictive ordinance passed or amended
4327+12 after 2009 by the county legislative body must state the notice
4328+13 requirements of subsections (b) and (c). However, the failure of an
4329+14 environmental restrictive ordinance to comply with this subsection
4330+15 does not void the ordinance.
4331+16 SECTION 94. IC 36-7-9-25, AS AMENDED BY P.L.152-2021,
4332+17 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4333+18 JULY 1, 2022]: Sec. 25. (a) Notice of orders, notice of continued
4334+19 hearings without a specified date, notice of a statement that public bids
4335+20 are to be let, and notice of claims for payment must be given by:
4336+21 (1) sending a copy of the order or statement by registered or
4337+22 certified mail to the residence or place of business or employment
4338+23 of the person to be notified, with return receipt requested;
4339+24 (2) delivering a copy of the order or statement personally to the
4340+25 person to be notified;
4341+26 (3) leaving a copy of the order or statement at the dwelling or
4342+27 usual place of abode of the person to be notified and sending by
4343+28 first class mail a copy of the order or statement to the last known
4344+29 address of the person to be notified; or
4345+30 (4) sending a copy of the order or statement by first class mail to
4346+31 the last known address of the person to be notified.
4347+32 If a notice described in subdivision (1) is returned undelivered, a copy
4348+33 of the order or statement must be given in accordance with subdivision
4349+34 (2), (3), or (4).
4350+35 (b) If service is not obtained by a means described in subsection (a)
4351+36 and the hearing authority concludes that a reasonable effort has been
4352+37 made to obtain service, service may be made by publishing a notice of
4353+38 the order or statement in accordance with IC 5-3-1 in the county where
4354+39 the unsafe premises are located. However, publication must be made
4355+40 two (2) times, at least one (1) week apart:
4356+41 (1) with each publication of notice in a newspaper in accordance
4357+42 with IC 5-3-1 in the county where the unsafe premises are
4358+2022 IN 283—LS 6912/DI 87 102
4359+1 located; or
4360+2 (2) with the first publication of notice in a newspaper described
4361+3 in subdivision (1) and the second publication of notice: (A) in
4362+4 accordance with IC 5-3-5 and (B) on the official web site of the
4363+5 county where the unsafe premises are located.
4364+6 The second publication must be made at least three (3) days before an
4365+7 event described in subsection (a). If service of an order is made by
4366+8 publication, the publication must include the information required by
4367+9 section 5(b)(1), 5(b)(2), 5(b)(4), 5(b)(5), 5(b)(6), 5(b)(7), and 5(b)(9)
4368+10 of this chapter, and must also include a statement indicating generally
4369+11 what action is required by the order and that the exact terms of the
4370+12 order may be obtained from the enforcement authority. The hearing
4371+13 authority may make a determination about whether a reasonable effort
4372+14 has been made to obtain service by the means described in subsection
4373+15 (a) on the basis of information provided by the department (or, in the
4374+16 case of a consolidated city, the enforcement authority). The hearing
4375+17 authority is not required to make the determination at a hearing. The
4376+18 hearing authority must make the determination in writing.
4377+19 (c) When service is made by any of the means described in this
4378+20 section, except by mailing or by publication, the person making service
4379+21 must make an affidavit stating that the person has made the service, the
4380+22 manner in which service was made, to whom the order or statement
4381+23 was issued, the nature of the order or statement, and the date of service.
4382+24 The affidavit must be placed on file with the enforcement authority.
4383+25 (d) The date when notice of the order or statement is considered
4384+26 given is as follows:
4385+27 (1) If the order or statement is delivered personally or left at the
4386+28 dwelling or usual place of abode, notice is considered given on
4387+29 the day when the order or statement is delivered to the person or
4388+30 left at the person's dwelling or usual place of abode.
4389+31 (2) If the order or statement is mailed, notice is considered given
4390+32 on the date shown on the return receipt, or, if no date is shown, on
4391+33 the date when the return receipt is received by the enforcement
4392+34 authority.
4393+35 (3) Notice by publication is considered given on the date of the
4394+36 second day that publication was made.
4395+37 (e) A person with a property interest in an unsafe premises who does
4396+38 not:
4397+39 (1) record an instrument reflecting the interest in the recorder's
4398+40 office of the county where the unsafe premises is located; or
4399+41 (2) if an instrument reflecting the interest is not recorded, provide
4400+42 to the department (or, in the case of a consolidated city, the
4401+2022 IN 283—LS 6912/DI 87 103
4402+1 enforcement authority) in writing the person's name and address
4403+2 and the location of the unsafe premises;
4404+3 is considered to consent to reasonable action taken under this chapter
4405+4 for which notice would be required and relinquish a claim to notice
4406+5 under this chapter.
4407+6 (f) The department (or, in the case of a consolidated city, the
4408+7 enforcement authority) may, for the sake of administrative
4409+8 convenience, publish notice under subsection (b) at the same time
4410+9 notice is attempted under subsection (a). If published notice is given as
4411+10 described in subsection (b), the hearing authority shall subsequently
4412+11 make a determination about whether a reasonable effort has been made
4413+12 to obtain service by the means described in subsection (a).
4414+13 SECTION 95. IC 36-7-14.5-24 IS AMENDED TO READ AS
4415+14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 24. Any action to
4416+15 contest the validity of bonds to be issued under this chapter may not be
4417+16 brought after the fifteenth day following:
4418+17 (1) the receipt of bids for the bonds, if the bonds are sold at public
4419+18 sale; or
4420+19 (2) the publication one (1) time:
4421+20 (A) in a newspaper of general circulation published in the
4422+21 county; or
4423+22 (B) in accordance with IC 5-3-5 on the official web site of
4424+23 the county;
4425+24 of notice of the execution and delivery of the contract for the sale
4426+25 of bonds;
4427+26 whichever occurs first.
4428+27 SECTION 96. IC 36-7-15.3-20 IS AMENDED TO READ AS
4429+28 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 20. Any action to
4430+29 contest the validity of bonds to be issued under this chapter may not be
4431+30 brought after the fifteenth day following:
4432+31 (1) the receipt of bids for the bonds, if the bonds are sold at public
4433+32 sale; or
4434+33 (2) the publication one (1) time:
4435+34 (A) in a newspaper of general circulation published in the
4436+35 county; or
4437+36 (B) in accordance with IC 5-3-5 on the official web site of
4438+37 the county;
4439+38 of notice of the execution and delivery of the contract for the sale
4440+39 of bonds;
4441+40 whichever occurs first.
4442+41 SECTION 97. IC 36-7-23-52 IS AMENDED TO READ AS
4443+42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 52. (a) A resolution
4444+2022 IN 283—LS 6912/DI 87 104
4445+1 establishing just and reasonable fees, rates, and charges for the use of
4446+2 infrastructures under this chapter may be adopted by the board after a
4447+3 public hearing. Notice of the hearing must be published one (1) time,
4448+4 at least ten (10) days before the hearing:
4449+5 (1) in one (1) newspaper published in each county in which a
4450+6 participating unit is located in accordance with IC 5-3-1; or
4451+7 (2) in accordance with IC 5-3-5 on the official web site of each
4452+8 county in which a participating unit is located.
4453+9 The notice must provide a summary of the resolution.
4454+10 (b) Fees, rates, and charges adopted by the authority for a particular
4455+11 infrastructure shall comply with statutes authorizing units to adopt fees,
4456+12 rates, and charges for that particular type of infrastructure or, if there
4457+13 is no statute authorizing units to adopt fees, rates, and charges for that
4458+14 particular type of infrastructure, the fees, rates, and charges must
4459+15 comply with IC 36-1-3.
4460+16 SECTION 98. IC 36-9-27-53 IS AMENDED TO READ AS
4461+17 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 53. (a) Whenever:
4462+18 (1) the board has initiated, or is considering initiating, a
4463+19 proceeding to reconstruct a regulated drain under this chapter;
4464+20 (2) one (1) or more other regulated drains in the same watershed
4465+21 are in need of reconstruction;
4466+22 (3) the board finds that no substantial injustice would result from
4467+23 treating the drains as a single drain; and
4468+24 (4) the board has given notice and a hearing to the owners of
4469+25 affected land;
4470+26 the board may issue an order combining the drains.
4471+27 (b) The notice shall be published:
4472+28 (1) at least once; and
4473+29 (2) not less than ten (10) nor more than thirty (30) days before the
4474+30 date of the hearing.
4475+31 (c) The notice shall be published:
4476+32 (1) in a newspaper of general circulation in the area affected; or
4477+33 (2) in accordance with IC 5-3-5 on the official web site of each
4478+34 county in which the area affected is located.
4479+35 Notice shall also be given to an attorney of record in the manner
4480+36 provided in section 110 of this chapter.
4481+37 (c) (d) After an order is issued under this section, this chapter
4482+38 applies to the combined drains as if they were a single drain.
4483+39 SECTION 99. IC 36-9-27-92, AS AMENDED BY P.L.127-2017,
4484+40 SECTION 362, IS AMENDED TO READ AS FOLLOWS
4485+41 [EFFECTIVE JULY 1, 2022]: Sec. 92. (a) Whenever the owner of a
4486+42 tract of land assessed under this chapter subdivides or otherwise
4487+2022 IN 283—LS 6912/DI 87 105
4488+1 transfers part of the tract to another owner, the owner of the tract may
4489+2 file with the board a written request for reassessment in recognition of
4490+3 the transfer. The request must include the name and address of each
4491+4 owner of a part of the tract, together with the description of that part.
4492+5 (b) The board shall promptly determine and file a proposed
4493+6 reassessment or amendment to the schedule of assessments to
4494+7 recognize the transfer, set a date for hearing the request, and mail
4495+8 notice to each affected owner in a five (5) day return envelope. The
4496+9 service of further notice to the addressee of any letter that is returned
4497+10 undelivered is the responsibility of the owner making the request. The
4498+11 notice, which must describe the land to be reassessed, must state:
4499+12 (1) the date, hour, and place of a hearing before the board on the
4500+13 proposed reassessment;
4501+14 (2) that the land of the owner is shown by the proposed
4502+15 reassessment to be assessed in the sum of _______ dollars; and
4503+16 (3) that failure to file objections or evidence at or before the
4504+17 hearing constitutes a waiver of the right of the owner to object, on
4505+18 the grounds stated in subsection (c), to any final action of the
4506+19 board.
4507+20 The notice shall be mailed at least twenty (20) days before the hearing.
4508+21 However, written consent of all the affected owners, or the presence of
4509+22 all those owners at the hearing, constitutes a waiver of any defect in
4510+23 notice.
4511+24 (c) In determining any reassessment, the board may consider only
4512+25 whether the reassessment is made in the manner required for justice to
4513+26 all affected land, taking into consideration section 84(c) of this chapter.
4514+27 (d) At the hearing, the board shall consider all evidence and
4515+28 objections and may modify the proposed reassessment as justice to all
4516+29 affected land requires. Before final adjournment of the hearing, the
4517+30 board shall adopt the reassessment or amendment to the schedule of
4518+31 assessments into its findings and shall order the schedule amended.
4519+32 The board shall then announce its the board's findings and order:
4520+33 (1) by certified mail to each affected owner; or
4521+34 (2) shall have by publishing one (1) notice of its the board's
4522+35 findings and order:
4523+36 (A) published in a newspaper of general circulation throughout
4524+37 the county; or
4525+38 (B) in accordance with IC 5-3-5 on the official web site of
4526+39 the county.
4527+40 The notice must identify the proceedings and state that the findings and
4528+41 order of the board have been filed and are available for inspection in
4529+42 the office of the county surveyor.
4530+2022 IN 283—LS 6912/DI 87 106
4531+1 (e) If judicial review of the findings and order of the board is not
4532+2 requested under section 106 of this chapter within twenty (20) days
4533+3 after the date of receipt of the announcement or after the date of
4534+4 publication of the notice, the findings and order become conclusive.
4535+5 (f) When the findings and order become conclusive, the board shall
4536+6 certify the schedule of reassessments to the auditor of each county in
4537+7 which there is land assessed by the reassessment, and the auditor and
4538+8 the county treasurer shall promptly proceed upon any reassessment in
4539+9 the manner prescribed for proceeding upon an originally certified
4540+10 assessment.
4541+11 SECTION 100. IC 36-10-4-5, AS AMENDED BY P.L.152-2021,
4542+12 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4543+13 JULY 1, 2022]: Sec. 5. (a) In a second class city, the board may adopt
4544+14 a resolution to extend the boundaries of the district to the county
4545+15 boundaries unless the county has already established a park district
4546+16 under IC 36-10-3. The board must file a certified copy of the resolution
4547+17 with the county auditor and county treasurer. Notice of the adoption of
4548+18 the resolution shall be given by publication once each week for two (2)
4549+19 weeks in accordance with IC 5-3-1:
4550+20 (1) with each publication of notice in a newspaper in accordance
4551+21 with IC 5-3-1 in the county; or
4552+22 (2) with the first publication of notice in a newspaper described
4553+23 in subdivision (1) and the second publication of notice: (A) in
4554+24 accordance with IC 5-3-5 and (B) on the official web site of the
4555+25 county.
4556+26 (b) Whenever the board has adopted a resolution under subsection
4557+27 (a), remonstrances may be filed by the affected voters within ninety
4558+28 (90) days after the last publication under subsection (a). Remonstrances
4559+29 must be signed in ink by the voter in person and state the address of
4560+30 each signer and that the signer is a registered voter. A person who signs
4561+31 a remonstrance when the person is not a registered voter commits a
4562+32 Level 6 felony. More than one (1) voter may sign the same
4563+33 remonstrance.
4564+34 (c) A vote on the public question shall be held if at least the number
4565+35 of the registered voters of the county required under IC 3-8-6-3 to place
4566+36 a candidate on the ballot file remonstrances under subsection (b) with
4567+37 the county clerk protesting the extension of the district.
4568+38 (d) The county clerk shall certify to the county election board in
4569+39 accordance with IC 3-10-9-3 whether or not the required number of
4570+40 registered voters of the county have filed remonstrances. If sufficient
4571+41 remonstrances have been filed, the county election board shall publish
4572+42 a notice of the election once a week for two (2) consecutive weeks in
4573+2022 IN 283—LS 6912/DI 87 107
4574+1 accordance with IC 5-3-1-4: IC 5-3-1:
4575+2 (1) with each publication of notice in a newspaper in accordance
4576+3 with IC 5-3-1 in the county; or
4577+4 (2) with the first publication of notice in a newspaper described
4578+5 in subdivision (1) and the second publication of notice: (A) in
4579+6 accordance with IC 5-3-5 and (B) on the official web site of the
4580+7 county.
4581+8 The first publication of the notice must be at least thirty (30) days
4582+9 before the date of the election. The question presented to the voters at
4583+10 the election shall be placed on the ballot in the form prescribed by
4584+11 IC 3-10-9-4 and must state "Shall the county park district be
4585+12 established?". The election is governed by IC 3 whenever not in
4586+13 conflict with this chapter. The county election board shall make a
4587+14 return of the votes cast at the referendum.
4588+15 (e) If a majority of the votes cast are against the extension of the
4589+16 district, the district is not extended. If sufficient remonstrances are not
4590+17 filed or if a majority of the votes cast support the extension of the
4591+18 district, the district is extended.
4592+19 (f) The extension of the district is effective on January 1 of the year
4593+20 following the adoption of the resolution or, if an election is held, on
4594+21 January 1 of the year following the date of the election.
4595+22 (g) A municipality that becomes part of a district by reason of the
4596+23 extension of the district under this section may continue to establish,
4597+24 maintain, and operate parks and other recreational facilities under any
4598+25 other law. The parks and other recreational facilities shall be operated
4599+26 by the municipality separate from the parks and other recreational
4600+27 facilities under the jurisdiction of the board in the same manner as they
4601+28 would be operated by the municipality if it was not within the district.
4602+29 (h) The operation of separate parks or recreational facilities by a
4603+30 municipality does not affect the obligation of property owners within
4604+31 the municipality to pay all taxes imposed on property within the
4605+32 district.
4606+33 (i) The legislative body of a municipality may elect that the separate
4607+34 parks or other recreational facilities of the municipality be maintained
4608+35 or operated as a part of the district by adopting a resolution or an
4609+36 ordinance to that effect. The separate park or other recreational facility
4610+37 comes under the jurisdiction of the board at the time specified in the
4611+38 resolution or ordinance.
4612+39 SECTION 101. IC 36-10-9-12, AS AMENDED BY
4613+40 P.L.182-2009(ss), SECTION 458, IS AMENDED TO READ AS
4614+41 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) A capital
4615+42 improvement may be financed in whole or in part by the issuance of
4616+2022 IN 283—LS 6912/DI 87 108
4617+1 bonds payable, to the extent stated in the resolution or trust agreement
4618+2 providing for the issuance of the bonds, solely from one (1) or more of
4619+3 the following sources:
4620+4 (1) Net income received from the operation of the capital
4621+5 improvement and not required to be deposited in the capital
4622+6 improvement bond fund under section 11 of this chapter.
4623+7 (2) Net income received from the operation of any other capital
4624+8 improvement or improvements and not required to be deposited
4625+9 in the capital improvement bond fund under section 11 of this
4626+10 chapter.
4627+11 (3) Money in the capital improvement bond fund available for
4628+12 that purpose.
4629+13 (4) Money in the capital improvement fund available for that
4630+14 purpose.
4631+15 (5) Any other funds made available for that purpose.
4632+16 The resolution or trust agreement may pledge all or part of those
4633+17 amounts to the repayment of the bonds and may secure the bonds by a
4634+18 lien on the amounts pledged.
4635+19 (b) If the board desires to finance a capital improvement in whole
4636+20 or in part as provided in this section, it shall adopt a resolution
4637+21 authorizing the issuance of revenue bonds. The resolution must state
4638+22 the date or dates on which the principal of the bonds will mature (not
4639+23 exceeding forty (40) years from the date of issuance), the maximum
4640+24 interest rate to be paid, and the other terms upon which the bonds will
4641+25 be issued.
4642+26 (c) If the city-county legislative body approves issuance of bonds
4643+27 under IC 36-3-6-9, the board shall submit the resolution to the
4644+28 executive of the consolidated city, who shall review it. If the executive
4645+29 approves the resolution, the board shall take all actions necessary to
4646+30 issue bonds in accordance with the resolution. The board may, under
4647+31 section 13 of this chapter, enter into a trust agreement with a trust
4648+32 company as trustee for the bondholders. An action to contest the
4649+33 validity of bonds to be issued under this section may not be brought
4650+34 after the fifteenth day following:
4651+35 (1) the receipt of bids for the bonds, if the bonds are sold at public
4652+36 sale; or
4653+37 (2) the publication one (1) time:
4654+38 (A) in a newspaper of general circulation published in the
4655+39 county; or
4656+40 (B) in accordance with IC 5-3-5 on the official web site of
4657+41 the county;
4658+42 of notice of the execution and delivery of the contract of sale for
4659+2022 IN 283—LS 6912/DI 87 109
4660+1 the bonds;
4661+2 whichever occurs first.
4662+3 (d) Bonds issued under this section may be sold at public or private
4663+4 sale for the price or prices that are provided in the resolution
4664+5 authorizing the issuance of bonds. All bonds and interest are exempt
4665+6 from taxation in Indiana as provided in IC 6-8-5.
4666+7 (e) When issuing revenue bonds, the board may covenant with the
4667+8 purchasers of the bonds that any funds in the capital improvement fund
4668+9 may be used to pay the principal on, or interest of, the bonds that
4669+10 cannot be paid from any other funds.
4670+11 (f) The revenue bonds may be made redeemable before maturity at
4671+12 the price or prices and under the terms that are determined by the board
4672+13 in the authorizing resolution. The board shall determine the form of
4673+14 bonds, including any interest coupons to be attached, and shall fix the
4674+15 denomination or denominations of the bonds and the place or places of
4675+16 payment of the principal and interest, which may be at any bank or trust
4676+17 company within or outside Indiana. All bonds must have all the
4677+18 qualities and incidents of negotiable instruments under statute.
4678+19 Provision may be made for the registration of any of the bonds as to
4679+20 principal alone or to both principal and interest.
4680+21 (g) The revenue bonds shall be issued in the name of the county and
4681+22 must recite on the face that the principal of and interest on the bonds
4682+23 is payable solely from the amounts pledged to their payment. The
4683+24 bonds shall be executed by the manual or facsimile signature of the
4684+25 president of the board, and the seal of the county shall be affixed or
4685+26 imprinted on the bonds. The seal shall be attested by the manual or
4686+27 facsimile signature of the auditor of the county. However, one (1) of the
4687+28 signatures must be manual, unless the bonds are authenticated by the
4688+29 manual signature of an authorized officer or a trustee for the
4689+30 bondholders. Any coupons attached must bear the facsimile signature
4690+31 of the president of the board.
4691+32 (h) This chapter constitutes full and complete authority for the
4692+33 issuance of revenue bonds. No law, procedure, proceedings,
4693+34 publications, notices, consents, approvals, orders, acts, or things by the
4694+35 board or any other officer, department, agency, or instrumentality of the
4695+36 state or any political subdivision is required to issue any revenue bonds
4696+37 except as prescribed in this chapter.
4697+38 (i) Revenue bonds issued under this section are legal investments
4698+39 for private trust funds and the funds of banks, trust companies,
4699+40 insurance companies, building and loan associations, credit unions,
4700+41 banks of discount and deposit, savings banks, loan and trust and safe
4701+42 deposit companies, rural loan and savings associations, guaranty loan
4702+2022 IN 283—LS 6912/DI 87 110
4703+1 and savings associations, mortgage guaranty companies, small loan
4704+2 companies, industrial loan and investment companies, and other
4705+3 financial institutions organized under statute.
4706+4 SECTION 102. IC 36-10-9.1-23 IS AMENDED TO READ AS
4707+5 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 23. Any action to
4708+6 contest the validity of bonds to be issued under this chapter may not be
4709+7 brought after the fifteenth day following:
4710+8 (1) the receipt of bids for the bonds, if the bonds are sold at public
4711+9 sale; or
4712+10 (2) the publication one (1) time:
4713+11 (A) in a newspaper of general circulation published in the
4714+12 county; or
4715+13 (B) in accordance with IC 5-3-5 on the official web site of
4716+14 the county;
4717+15 of notice of the execution and delivery of the contract for the sale
4718+16 of bonds;
4719+17 whichever occurs first.
4720+18 SECTION 103. IC 36-10-10-13 IS AMENDED TO READ AS
4721+19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) When the
4722+20 authority, the city executive, and a majority of the city legislative body
4723+21 have agreed upon the terms and conditions of a lease, and before the
4724+22 final execution of the lease, a notice shall be given by the city clerk by
4725+23 publication of a public hearing to be held by the city legislative body
4726+24 in the city. The hearing shall be held on a day at least ten (10) days
4727+25 after the publication of notice. The notice of the hearing shall be
4728+26 published one (1) time:
4729+27 (1) in a newspaper of general circulation printed in the English
4730+28 language and published in the city; or
4731+29 (2) in accordance with IC 5-3-5 on the official web site of the
4732+30 city.
4733+31 (b) The notice must name the date, place, and time of the hearing
4734+32 and must set forth a brief summary of the principal terms of the lease,
4735+33 including the character and location of the property to be leased, the
4736+34 lease rental to be paid, the number of years the contract is to be in
4737+35 effect, and where the proposed lease, drawings, plans, specifications,
4738+36 and estimates may be examined. The proposed lease and the drawings,
4739+37 plans, specifications, and estimates of construction cost must be open
4740+38 to inspection by the public during the ten (10) day period and at the
4741+39 meeting.
4742+40 (c) All interested persons are entitled to be heard at the hearing
4743+41 concerning the necessity for the execution of the lease and whether the
4744+42 lease rental is fair and reasonable. The hearing may be adjourned to a
4745+2022 IN 283—LS 6912/DI 87 111
4746+1 later date with the place to be set before adjournment. Following the
4747+2 hearing the city legislative body and city executive may either
4748+3 authorize the execution of the lease as originally agreed upon or may
4749+4 make modifications that are agreed upon with the authority, the
4750+5 legislative body, and city executive. The authorization must be done by
4751+6 ordinance, which shall be entered in the official records of the
4752+7 legislative body. The lease contract shall be executed on behalf of the
4753+8 city by the executive and attested by the city clerk. It shall be executed
4754+9 on behalf of the authority by the president or vice president and
4755+10 secretary of the board.
4756+11 SECTION 104. IC 36-10-10-14, AS AMENDED BY P.L.38-2021,
4757+12 SECTION 107, IS AMENDED TO READ AS FOLLOWS
4758+13 [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) If the execution of the lease
4759+14 is authorized, notice of the execution shall be given on behalf of the
4760+15 city by publication one (1) time:
4761+16 (1) in a newspaper of general circulation printed in the English
4762+17 language and published in the city; or
4763+18 (2) in accordance with IC 5-3-5 on the official web site of the
4764+19 city.
4765+20 Fifty (50) or more taxpayers in the city whose tax rate will be affected
4766+21 by the proposed lease and who may be of the opinion that no necessity
4767+22 exists for the execution of the lease, or that the lease rental is not fair
4768+23 and reasonable, may file a petition in the office of the city clerk within
4769+24 fifteen (15) days after publication of notice of the execution of the
4770+25 lease, setting forth their objections and the facts supporting those
4771+26 objections.
4772+27 (b) Upon the filing of a petition, the city clerk shall immediately
4773+28 certify a copy, together with other data that is necessary in order to
4774+29 present the questions involved, to the department of local government
4775+30 finance. Upon receipt of a certified petition and information, the
4776+31 department of local government finance shall set a time for the hearing
4777+32 of the matter in the city where the petition originated. The hearing shall
4778+33 be held at least five (5) but not more than fifteen (15) days after receipt
4779+34 of the petition by the department of local government finance. The
4780+35 department of local government finance may either hold the hearing in
4781+36 the affected county or through electronic means. Notice of the hearing
4782+37 shall be given by the department of local government finance to the city
4783+38 executive and to the first ten (10) taxpayer petitioners on the petition
4784+39 by certified mail sent to the addresses listed on the petition at least five
4785+40 (5) days before the date of the hearing. After the hearing, the
4786+41 department of local government finance shall promptly issue its
4787+42 decision on the petition.
4788+2022 IN 283—LS 6912/DI 87 112
4789+1 SECTION 105. IC 36-10-11-22, AS AMENDED BY P.L.152-2021,
4790+2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4791+3 JULY 1, 2022]: Sec. 22. (a) In lieu of authorizing and selling bonds as
4792+4 provided in this section, the board may adopt a resolution authorizing
4793+5 the negotiation of a loan or loans for the purpose of procuring the
4794+6 required funds. The resolution must set out the total amount of the loan
4795+7 desired and the approximate dates on which funds will be required and
4796+8 the amounts of them. The resolution must also set out the terms,
4797+9 conditions, and restrictions relative to the proposed loan or to the
4798+10 submission of proposals that the board considers advisable. Before the
4799+11 consideration of proposals for the making of a loan, a notice shall be
4800+12 published once each week for two (2) weeks:
4801+13 (1) with each publication in a newspaper published in the county
4802+14 and a newspaper published in the city of Indianapolis; or
4803+15 (2) with the first publication of notice in each newspaper
4804+16 described in subdivision (1) and the second publication of notice:
4805+17 (A) in accordance with IC 5-3-5 and (B) on the official web sites
4806+18 of the county and the city of Indianapolis.
4807+19 The notice must set out the amount and purpose of the proposed loan
4808+20 and a brief summary of other provisions of the resolution, including the
4809+21 time and place where proposals will be considered. The board may
4810+22 accept the proposal that in its judgment is the most advantageous to the
4811+23 authority.
4812+24 (b) The total amount of loans negotiated by the authority under this
4813+25 section, when added to the amount of bonds issued under section 21 of
4814+26 this chapter, may not exceed three million dollars ($3,000,000).
4815+27 SECTION 106. IC 36-11-9-5, AS AMENDED BY P.L.152-2021,
4816+28 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4817+29 JULY 1, 2022]: Sec. 5. After introduction of the ordinance initially
4818+30 fixing rates and charges but before the ordinance is finally adopted,
4819+31 notice of the hearing setting forth the proposed schedule of the rates
4820+32 and charges must be given by publication one (1) time each week for
4821+33 two (2) weeks:
4822+34 (1) with each publication of notice in a newspaper of general
4823+35 circulation in the county; or
4824+36 (2) with the first publication of notice in a newspaper described
4825+37 in subdivision (1) and the second publication of notice: (A) in
4826+38 accordance with IC 5-3-5 and (B) on the official web site of the
4827+39 county.
4828+40 The second publication must be at least seven (7) days before the date
4829+41 fixed in the notice for the hearing. The hearing may be adjourned as
4830+42 necessary.
4831+2022 IN 283—LS 6912/DI 87 113
4832+1 SECTION 107. IC 36-12-2-5, AS AMENDED BY P.L.42-2018,
4833+2 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4834+3 JULY 1, 2022]: Sec. 5. (a) The legislative body of a municipality,
4835+4 township, county, or part of a county, any of which is not already taxed
4836+5 for public library purposes, that has:
4837+6 (1) a population of at least ten thousand (10,000); or
4838+7 (2) an assessed valuation that is at least as high as the median of
4839+8 the most recent certified assessed valuation of the ten (10) library
4840+9 taxing districts closest in population to ten thousand (10,000);
4841+10 may establish a public library for the residents of the municipality,
4842+11 township, county, or part of the county.
4843+12 (b) The establishment of a public library may occur either by:
4844+13 (1) the legislative body passing a written resolution; or
4845+14 (2) the petition and remonstrance process;
4846+15 as provided in this chapter. A petition filed with the legislative body
4847+16 must be signed by at least twenty percent (20%) of the registered voters
4848+17 of the municipality, township, county, or part of a county, as
4849+18 determined by the last preceding general election.
4850+19 (c) Not later than ten (10) days after a petition is filed under
4851+20 subsection (b), the legislative body shall:
4852+21 (1) give notice of the filing of the petition by publication:
4853+22 (A) in two (2) newspapers of general circulation in the county,
4854+23 one (1) of which is published in the municipality where the
4855+24 library is to be located, if a newspaper is published in the
4856+25 municipality; or
4857+26 (B) in accordance with IC 5-3-5 on the official web site of
4858+27 the appropriate municipality, township, or county; and
4859+28 (2) file the original petition with the circuit court clerk.
4860+29 (d) Not later than ten (10) days after the publication of the petition
4861+30 under subsection (c), a registered voter in the municipality, township,
4862+31 county, or part of a county where the public library is proposed to be
4863+32 established may file with the respective municipality, township, or
4864+33 county a remonstrance that:
4865+34 (1) is signed by registered voters in the municipality, township,
4866+35 county, or part of the county where the public library is proposed
4867+36 to be established; and
4868+37 (2) states that the registered voters who have signed the
4869+38 remonstrance are opposed to the establishment of the public
4870+39 library.
4871+40 (e) The following apply to a petition that is filed under subsection
4872+41 (b) or a remonstrance that is filed under subsection (d):
4873+42 (1) The petition or remonstrance must show the following:
4874+2022 IN 283—LS 6912/DI 87 114
4875+1 (A) The date on which each individual signed the petition or
4876+2 remonstrance.
4877+3 (B) The residence of each individual on the date the individual
4878+4 signed the petition or remonstrance.
4879+5 (C) On each page of a petition on which signatures are affixed,
4880+6 language substantially similar to the following: "PETITION IN
4881+7 SUPPORT OF A PUBLIC LIBRARY IN (insert municipality,
4882+8 township, county, or part of a county where the public library
4883+9 is proposed to be established).".
4884+10 (D) On each page of a remonstrance on which signatures are
4885+11 affixed, language substantially similar to the following:
4886+12 "REMONSTRANCE AGAINST A PUBLIC LIBRARY IN
4887+13 (insert municipality, township, county, or part of a county
4888+14 where the public library is proposed to be established).".
4889+15 (2) The petition or remonstrance must include an affidavit of the
4890+16 individual circulating the petition or remonstrance stating that
4891+17 each signature on the petition or remonstrance:
4892+18 (A) was affixed in the individual's presence; and
4893+19 (B) is the true signature of the individual who signed the
4894+20 petition or remonstrance.
4895+21 (3) Several copies of the petition or remonstrance may be
4896+22 executed. The total of the copies constitute a petition or
4897+23 remonstrance. A copy must include an affidavit as described in
4898+24 subdivision (2). A signer may file a petition or remonstrance, or
4899+25 a copy of a petition or remonstrance. All copies constituting a
4900+26 petition or remonstrance must be filed on the same day.
4901+27 (4) Not later than fifteen (15) days after a petition or remonstrance
4902+28 is filed, the clerk of the circuit court in the county where the
4903+29 municipality, township, county, or part of a county where the
4904+30 public library that is proposed to be established is located shall do
4905+31 the following:
4906+32 (A) If a name appears more than one (1) time on a petition or on
4907+33 a remonstrance, the clerk shall strike any duplicates of the name
4908+34 until the name appears only one (1) time on a petition or a
4909+35 remonstrance, or both, if the individual signed both a petition
4910+36 and a remonstrance.
4911+37 (B) Strike the name from either the petition or the remonstrance
4912+38 of an individual who:
4913+39 (i) signed both the petition and the remonstrance; and
4914+40 (ii) personally, in the clerk's office, submits a voluntary
4915+41 written and signed request for the clerk to strike the
4916+42 individual's name from the petition or the remonstrance.
4917+2022 IN 283—LS 6912/DI 87 115
4918+1 (C) Certify the number of signatures on the petition or
4919+2 remonstrance that:
4920+3 (i) are not duplicates; and
4921+4 (ii) represent individuals who are registered voters in the
4922+5 municipality, township, county, or part of a county where the
4923+6 public library is proposed to be established, on the day the
4924+7 individuals signed the petition or remonstrance.
4925+8 (D) Establish a record of the clerk's certification in the clerk's
4926+9 office and file:
4927+10 (i) the original petition;
4928+11 (ii) the original remonstrance, if any; and
4929+12 (iii) a copy of the clerk's certification;
4930+13 with the legislative body of the municipality, township, or
4931+14 county.
4932+15 The clerk of the circuit court may only strike an individual's name
4933+16 from a petition or remonstrance as set forth in clauses (A) and
4934+17 (B).
4935+18 (f) Not later than forty (40) days after a petition or remonstrance is
4936+19 certified by the clerk of the circuit court under subsection (e), the
4937+20 legislative body shall compare the petition and remonstrance, if any. If:
4938+21 (1) a remonstrance has not been filed; or
4939+22 (2) a greater number of voters have signed the petition than have
4940+23 signed the remonstrance against the establishment of the public
4941+24 library;
4942+25 the legislative body shall establish the public library by written
4943+26 resolution. The library district boundaries must be coextensive with the
4944+27 boundaries of the unit or part of a county, whichever is applicable.
4945+28 (g) The establishment of the public library is effective as of the date
4946+29 the written resolution is passed. The legislative body shall file a copy
4947+30 of the resolution not later than five (5) days after the resolution is
4948+31 passed:
4949+32 (1) with the county recorder in the county where the
4950+33 administrative office of the public library is located; and
4951+34 (2) with the Indiana state library.
4952+35 (h) The legislative body shall give notice to the officials who have
4953+36 the power to appoint members of the library board for the new public
4954+37 library under section 9 of this chapter. The officials shall appoint the
4955+38 library board for the new public library under section 9 of this chapter
4956+39 as soon as possible after the officials are notified.
4957+40 (i) When the number of registered voters who have signed a
4958+41 remonstrance against the establishment of the public library is equal to
4959+42 or greater than the number who have signed the petition in favor of the
4960+2022 IN 283—LS 6912/DI 87 116
4961+1 establishment of the public library, the legislative body shall dismiss
4962+2 the petition. Another petition to establish a public library may not be
4963+3 initiated until one (1) year after the date the legislative body dismissed
4964+4 the latest unsuccessful petition.
4965+5 SECTION 108. IC 36-12-10-8, AS AMENDED BY P.L.42-2018,
4966+6 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4967+7 JULY 1, 2022]: Sec. 8. (a) When the lessor corporation and the
4968+8 municipal corporation or corporations have agreed upon the terms and
4969+9 conditions of a lease proposed to be entered into under this chapter and
4970+10 before the final execution of the lease, notice of a hearing shall be
4971+11 given by publication to all interested persons. The hearing shall be held
4972+12 before the governing authority, on a day not earlier than ten (10) days
4973+13 after the publication of the notice.
4974+14 (b) The notice of the hearing shall be published one (1) time:
4975+15 (1) in a newspaper of general circulation in:
4976+16 (A) the district of the municipal corporation; or
4977+17 (B) in each municipal corporation district if the proposed lease
4978+18 is a joint lease; or
4979+19 (C) if a newspaper is not published in the district, the notice
4980+20 shall be published in any newspaper of general circulation
4981+21 published in the county; or
4982+22 (2) in accordance with IC 5-3-5 on the official web site of:
4983+23 (A) the municipal corporation; or
4984+24 (B) each municipal corporation district if the proposed lease
4985+25 is a joint lease.
4986+26 (c) The notice must name the date, place, and time of the hearing
4987+27 and set forth a brief summary of the principal terms of the lease agreed
4988+28 upon, including:
4989+29 (1) the location;
4990+30 (2) the name of the proposed lessor corporation and character of
4991+31 the property to be leased;
4992+32 (3) the rental to be paid; and
4993+33 (4) the number of years the contract is to be in effect.
4994+34 (d) The proposed lease, drawings, plans, specifications, and
4995+35 estimates for the library building or buildings must be available for
4996+36 inspection by the public during the ten (10) day period under
4997+37 subsection (a) and at the meeting. All interested persons are entitled to
4998+38 be heard at the hearing regarding the necessity for the execution of the
4999+39 lease, and whether the rental provided for in the lease to be paid to the
5000+40 lessor corporation is a fair and reasonable rental for the proposed
5001+41 building or buildings. The hearing may be adjourned to a later date or
5002+42 dates, and following the hearing, the governing authority may either
5003+2022 IN 283—LS 6912/DI 87 117
5004+1 authorize the execution of the lease as originally agreed upon or may
5005+2 make modifications that have been agreed upon by the lessor
5006+3 corporation. The lease rentals as set out in the published notice may not
5007+4 be increased. The cost of the publication of the notice shall be paid by
5008+5 the lessor corporation.
5009+6 SECTION 109. IC 36-12-10-9, AS AMENDED BY P.L.38-2021,
5010+7 SECTION 111, IS AMENDED TO READ AS FOLLOWS
5011+8 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) If the execution of the lease
5012+9 as originally agreed upon, or as modified by agreement, is authorized
5013+10 by the library board, the library board shall give notice of the signing
5014+11 of the lease by publication one (1) time:
5015+12 (1) in a newspaper of general circulation printed in the English
5016+13 language in:
5017+14 (A) the district of the municipal corporation; or
5018+15 (B) in each municipal corporation district if the proposed lease
5019+16 is a joint lease; or
5020+17 (C) if a newspaper is not published in the district, the notice
5021+18 shall be published in any newspaper of general circulation
5022+19 published in the county; or
5023+20 (2) in accordance with IC 5-3-5 on the official web site of:
5024+21 (A) the municipal corporation; or
5025+22 (B) each municipal corporation district if the proposed lease
5026+23 is a joint lease.
5027+24 (b) Fifty (50) or more taxpayers in the municipal corporation or
5028+25 corporations who will be affected by the proposed lease and who are of
5029+26 the opinion that the execution of the lease is not necessary or that the
5030+27 proposed rental is not a fair and reasonable rental may file a petition in
5031+28 the office of the county auditor of the county in which the municipal
5032+29 corporation or corporations are located. The petition must be filed not
5033+30 later than thirty (30) days after the publication of notice of the
5034+31 execution of the lease and must set forth objections and facts showing
5035+32 that the execution of the lease is unnecessary or unwise or that the lease
5036+33 rental is not fair and reasonable, as the case may be.
5037+34 (c) Upon the filing of a petition, the county auditor shall
5038+35 immediately certify to the department of local government finance a
5039+36 copy of the petition, together with other data that may be necessary to
5040+37 present the questions involved. Upon receipt of the certified petition
5041+38 and information, the department of local government finance shall fix
5042+39 a time and place for a hearing of the matter not less than five (5) or
5043+40 more than thirty (30) days after the department's receipt of the petition
5044+41 and information. The hearing shall be held in the municipal corporation
5045+42 or corporations, in the county where the municipal corporation or
5046+2022 IN 283—LS 6912/DI 87 118
5047+1 corporations are located, or through electronic means.
5048+2 (d) Notice of the hearing shall be given by the department of local
5049+3 government finance to the members of the library board and to the first
5050+4 ten (10) taxpayer petitioners on the petition by a letter signed by the
5051+5 department of local government finance. The postage of the notice shall
5052+6 be prepaid, and the notice shall be addressed to the persons at their
5053+7 usual place of residence and mailed at least five (5) days before the
5054+8 date of the hearing. The decision of the department of local government
5055+9 finance on the appeal regarding the necessity for the execution of the
5056+10 lease and whether the rental is fair and reasonable is final. A lease may
5057+11 be amended by the parties by following the procedure under this
5058+12 chapter.
5059+13 (e) An action to contest the validity of the lease or an amendment to
5060+14 the lease or to enjoin the performance of any of the terms and
5061+15 conditions of the lease must be brought not later than thirty (30) days
5062+16 after publication of notice of the execution of the lease or an
5063+17 amendment to the lease by the library board of the municipal
5064+18 corporation or corporations. If an appeal has been taken to the
5065+19 department of local government finance, action must be brought not
5066+20 later than thirty (30) days after the decision of the department.
5067+2022 IN 283—LS 6912/DI 87