IN
Indiana Senate Bill SB0224

Indiana 2023 Regular Session

Indiana Senate Bill SB0224 Compare Versions

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1-*SB0224.3*
2-Reprinted
3-February 24, 2023
1+*SB0224.2*
2+February 15, 2023
43 SENATE BILL No. 224
54 _____
6-DIGEST OF SB 224 (Updated February 23, 2023 3:58 pm - DI 144)
7-Citations Affected: IC 3-5; IC 3-10; IC 3-11; IC 3-14; IC 4-33;
8-IC 6-1.1; IC 8-1.5; IC 20-23; IC 20-46; IC 36-1; IC 36-1.5; IC 36-2;
9-IC 36-4; IC 36-5; IC 36-10; IC 36-12.
5+DIGEST OF SB 224 (Updated February 14, 2023 11:40 am - DI 120)
6+Citations Affected: IC 3-5; IC 3-7; IC 3-8; IC 3-10; IC 3-11; IC 3-14;
7+IC 4-33; IC 6-1.1; IC 8-1.5; IC 8-22; IC 20-23; IC 20-46; IC 36-1;
8+IC 36-1.5; IC 36-2; IC 36-4; IC 36-5; IC 36-10; IC 36-12.
109 Synopsis: Various elections matters. Defines "election worker" and
1110 makes it a Level 6 felony to take certain actions: (1) for the purpose of
1211 influencing an election worker; (2) to obstruct or interfere with an
13-election worker; or (3) that injure an election worker. Permits the use
14-of an electronic device at a precinct or vote center to display a sample
15-ballot. Provides, beginning January 1, 2024, that in a county that is not
16-designated as a vote center county, a local public question or
17-referendum may be placed on the ballot only at the following elections:
18-(1) A general election. (2) A municipal general election, but only if the
19-(Continued next page)
12+election worker; or (3) that injure an election worker. Requires certain
13+counties to pay a specified annual per diem to the circuit court clerk of
14+the county. Allows a county election board to permit the use of an
15+electronic device at a precinct or vote center to display or print a
16+sample ballot. Provides, beginning January 1, 2024, that a local public
17+question or referendum may be placed on the ballot only at the
18+following elections: (1) A general election. (2) A municipal general
19+election, but only if the election district for the public question is
20+contained entirely within a municipality. Provides, beginning January
21+1, 2024, that: (1) a state public question; or (2) an election of delegates
22+to a convention to consider ratifying an amendment to the United States
23+Constitution; may be placed on the ballot only at a general election.
24+Specifies a temporary exception to the provisions concerning local
25+public questions. Makes certain changes to the public question ballot
26+language required for a controlled project referendum, school
27+operations fund referendum, and school safety referendum. Declares
28+confidential particular information that directly or indirectly indicates
29+the selections made by a voter while voting in an election. Makes
30+conforming changes.
2031 Effective: July 1, 2023; January 1, 2024.
2132 Walker G, Ford Jon
2233 January 10, 2023, read first time and referred to Committee on Elections.
2334 January 31, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
2435 Tax and Fiscal Policy.
2536 February 14, 2023, amended, reported favorably — Do Pass.
26-February 23, 2023, read second time, amended, ordered engrossed.
27-SB 224—LS 7130/DI 144 Digest Continued
28-election district for the public question is contained entirely within a
29-municipality. Provides, beginning January 1, 2024, that: (1) a state
30-public question; or (2) an election of delegates to a convention to
31-consider ratifying an amendment to the United States Constitution; may
32-be placed on the ballot only at a general election. Specifies a temporary
33-exception to the provisions concerning local public questions. Makes
34-certain changes to the public question ballot language required for a
35-controlled project referendum, school operations fund referendum, and
36-school safety referendum. Declares confidential particular information
37-that directly or indirectly indicates the selections made by a voter while
38-voting in an election. Authorizes the repurposing of an electronic poll
39-book unit as a device to display sample ballots if the electronic poll
40-book software is deleted from the unit. Makes conforming changes.
41-SB 224—LS 7130/DI 144SB 224—LS 7130/DI 144 Reprinted
42-February 24, 2023
37+SB 224—LS 7130/DI 144 February 15, 2023
4338 First Regular Session of the 123rd General Assembly (2023)
4439 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4540 Constitution) is being amended, the text of the existing provision will appear in this style type,
4641 additions will appear in this style type, and deletions will appear in this style type.
4742 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4843 provision adopted), the text of the new provision will appear in this style type. Also, the
4944 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5045 a new provision to the Indiana Code or the Indiana Constitution.
5146 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5247 between statutes enacted by the 2022 Regular Session of the General Assembly.
5348 SENATE BILL No. 224
5449 A BILL FOR AN ACT to amend the Indiana Code concerning
5550 elections.
5651 Be it enacted by the General Assembly of the State of Indiana:
5752 1 SECTION 1. IC 3-5-2-19.8 IS ADDED TO THE INDIANA CODE
5853 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5954 3 1, 2023]: Sec. 19.8. "Election worker" means an individual who:
6055 4 (1) serves as:
6156 5 (A) the secretary of state;
6257 6 (B) an employee of the election division;
6358 7 (C) a member of the commission;
6459 8 (D) a precinct election officer, including an individual who
6560 9 serves as a precinct election officer at a vote center using
6661 10 a different title under IC 3-6-6-5.5;
6762 11 (E) a member of a county election board;
6863 12 (F) a member of a county board of elections and
6964 13 registration;
7065 14 (G) a member of a board of registration established under
7166 15 IC 3-7-12;
7267 16 (H) a circuit court clerk;
7368 17 (I) an employee of the office of a circuit court clerk;
7469 SB 224—LS 7130/DI 144 2
7570 1 (J) a member of a town election board;
7671 2 (K) an individual who serves under IC 3-6-6-39;
7772 3 (L) a challenger or pollbook holder under IC 3-6-7;
7873 4 (M) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
7974 5 (N) an individual appointed under IC 3-11.5-4:
8075 6 (i) to an absentee voter board;
8176 7 (ii) as an absentee ballot counter; or
8277 8 (iii) as a courier; or
8378 9 (2) either:
8479 10 (A) works in exchange for compensation; or
8580 11 (B) volunteers;
8681 12 at a precinct or vote center under the supervision of one (1) or
8782 13 more of the individuals listed in subdivision (1)(A) through
8883 14 (1)(N).
89-15 SECTION 2. IC 3-10-3-1.5 IS ADDED TO THE INDIANA CODE
90-16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
91-17 JANUARY 1, 2024]: Sec. 1.5. A public question under this chapter
92-18 may be placed on the ballot only at a general election.
93-19 SECTION 3. IC 3-10-5-1 IS AMENDED TO READ AS FOLLOWS
94-20 [EFFECTIVE JANUARY 1, 2024]: Sec. 1. Whenever the Congress of
95-21 the United States proposes an amendment to the Constitution of the
96-22 United States and proposes that it be ratified by conventions in the
97-23 several states, the governor shall fix, by proclamation, the date of an
98-24 election to elect the delegates to the convention in this state. The
99-25 election shall be held within sixty (60) days after the date of the
100-26 proclamation and within four (4) months after the date of the receipt of
101-27 the proposed amendment by the appropriate official from the Secretary
102-28 of State of the United States. If a general election occurs within this
103-29 period, the special election shall be held at the same time and by the
104-30 same election officers who conduct the general election. at the next
105-31 election permitted under section 1.5 of this chapter.
106-32 SECTION 4. IC 3-10-5-1.5 IS ADDED TO THE INDIANA CODE
107-33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
108-34 JANUARY 1, 2024]: Sec. 1.5. An election of delegates under this
109-35 chapter may be placed on the ballot only at a general election.
110-36 SECTION 5. IC 3-10-9-3, AS AMENDED BY P.L.225-2011,
111-37 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
112-38 JANUARY 1, 2024]: Sec. 3. (a) This subsection applies only to a
113-39 county that is not designated as a vote center county under
114-40 IC 3-11-18.1. Except as provided in subsection (c), a referendum or
115-41 local public question may be placed on the ballot only at the
116-42 following elections:
84+15 SECTION 2. IC 3-7-13-3, AS AMENDED BY P.L.6-2015,
85+16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
86+17 JANUARY 1, 2024]: Sec. 3. (a) This section applies to a person who:
87+18 (1) on the day of the next general, municipal, or special election,
88+19 will meet the age and residency requirements of section 1 of this
89+20 chapter; and
90+21 (2) does not meet the age or residency requirements on primary
91+22 election day.
92+23 (b) A person described in subsection (a) may not cast a ballot
93+24 (1) for candidates for elected offices or
94+25 (2) on public questions;
95+26 to be voted on at the same time that the primary election is conducted.
96+27 SECTION 3. IC 3-8-2-19, AS AMENDED BY P.L.109-2021,
97+28 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
98+29 JANUARY 1, 2024]: Sec. 19. (a) Upon receipt of the certified list
99+30 under section 17 of this chapter, a county election board shall
100+31 immediately compile under the proper political party designation the
101+32 following:
102+33 (1) The title of each office.
103+34 (2) The name of each individual who has filed a request to be
104+35 placed on the presidential primary ballot.
105+36 (3) The names and addresses of all persons for whom declarations
106+37 of candidacy have been filed for nomination to an office on the
107+38 primary election ballot, except for an individual with a restricted
108+39 address under IC 36-1-8.5.
109+40 (4) The text of any public question to be placed on the ballot.
110+41 (5) (4) The date of the primary election.
111+42 (6) (5) The hours during which the polls will be open.
117112 SB 224—LS 7130/DI 144 3
118-1 (1) A general election.
119-2 (2) A municipal general election, but only if the election
120-3 district for the public question is contained entirely within a
121-4 municipality.
122-5 (b) If a local public question must be certified to an election board
123-6 by law, that certification must occur no not later than noon:
124-7 (1) seventy-four (74) days before a primary election if the public
125-8 question is to be placed on the primary or municipal primary
126-9 election ballot; or
127-10 (2) August 1 if the public question is to be placed on the general
128-11 or municipal election ballot.
129-12 (c) This subsection applies only to a school corporation:
130-13 (1) in a county that is not designated as a vote center county
131-14 under IC 3-11-18.1; and
132-15 (2) that imposed an operating referendum tax levy:
133-16 (A) before January 1, 2024; and
134-17 (B) that will expire after December 31, 2023.
135-18 A school corporation may hold a referendum under IC 20-46-1 at
136-19 the next election permitted under IC 20-46-1-14.5.
137-20 SECTION 6. IC 3-11-3-11, AS AMENDED BY P.L.193-2021,
138-21 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
139-22 JULY 1, 2023]: Sec. 11. (a) Except as provided in subsection (b), the
140-23 county election board shall deliver the following to each inspector or
141-24 the inspector's representative:
142-25 (1) The supplies provided for the inspector's precinct by the
143-26 election division.
144-27 (2) The sample ballots, the ballot labels, if any, and all poll lists,
145-28 registration lists, and other supplies considered necessary to
146-29 conduct the election in the inspector's precinct.
147-30 (3) The ballots printed under the direction of the county election
148-31 board as follows:
149-32 (A) In those precincts where ballot card voting systems are to
150-33 be used, the number of ballots at least equal to one hundred
151-34 percent (100%) of the number of voters in the inspector's
152-35 precinct, according to the poll list.
153-36 (B) In those precincts where electronic voting systems are to
154-37 be used, the number of ballots that will be required to be
155-38 printed and furnished to the precincts for emergency purposes
156-39 only.
157-40 (C) Provisional ballots in the number considered necessary by
158-41 the county election board.
159-42 (4) Twenty (20) ink pens suitable for printing the names of
113+1 (7) (6) The dates, times, and locations of voting at the circuit
114+2 court clerk's office and at satellite offices under IC 3-11-10-26.
115+3 (b) The county election board shall do the following:
116+4 (1) Publish the information described in subsection (a) before the
117+5 primary election in accordance with IC 5-3-1.
118+6 (2) File a copy of the information described in subsection (a):
119+7 (A) with the election division; and
120+8 (B) in the minutes of the county election board.
121+9 (c) The county election board shall file the copies required under
122+10 subsection (b)(2) not later than noon ten (10) days before election day.
123+11 (d) An election is not invalidated by the failure of the board to
124+12 comply with this section.
125+13 (e) If the county election board receives an amendment from the
126+14 election division under section 17 of this chapter after:
127+15 (1) compilation of the information described in subsection (a) has
128+16 occurred; or
129+17 (2) the board determines that it is impractical to recompile
130+18 completely revised information;
131+19 the board is only required to file a copy of the amendment with the
132+20 minutes of the board.
133+21 SECTION 4. IC 3-10-1-19, AS AMENDED BY P.L.278-2019,
134+22 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135+23 JANUARY 1, 2024]: Sec. 19. (a) The ballot for a primary election shall
136+24 be printed in substantially the form described in this section for all the
137+25 offices for which candidates have qualified under IC 3-8.
138+26 (b) The following shall be printed as the heading for the ballot for
139+27 a political party:
140+28 "OFFICIAL PRIMARY BALLOT
141+29 _________________ Party (insert the name of the political party)".
142+30 (c) The following shall be printed immediately below the heading
143+31 required by subsection (b) or be posted in each voting booth as
144+32 provided in IC 3-11-2-8(b):
145+33 (1) For paper ballots, print: To vote for a person, make a voting
146+34 mark (X or U) on or in the box before the person's name in the
147+35 proper column.
148+36 (2) For optical scan ballots, print: To vote for a person, darken or
149+37 shade in the circle, oval, or square (or draw a line to connect the
150+38 arrow) that precedes the person's name in the proper column.
151+39 (3) For optical scan ballots that do not contain a candidate's name,
152+40 print: To vote for a person, darken or shade in the oval that
153+41 precedes the number assigned to the person's name in the proper
154+42 column.
160155 SB 224—LS 7130/DI 144 4
161-1 write-in candidates on the ballot or ballot envelope.
162-2 (5) Copies of the voter's bill of rights for posting as required by 52
163-3 U.S.C. 21082.
164-4 (6) Copies of the instructions for a provisional voter required by
165-5 52 U.S.C. 21082 and IC 3-11.7-2-2. The county election board
166-6 shall provide at least the number of copies of the instructions as
167-7 the number of provisional ballots provided under subdivision (3).
168-8 (7) Copies of the notice for posting as required by IC 3-7-29-1(f).
169-9 (8) The blank voter registration applications required to be
170-10 provided under IC 3-7-48-7(b).
171-11 (9) A sample ballot or an electronic form of the sample ballot,
172-12 if required under IC 3-11-11-1.7, IC 3-11-13-9, or
173-13 IC 3-11-14-7.
174-14 (b) This subsection applies to a county that:
175-15 (1) has adopted an order under IC 3-7-29-6(a)(1); or
176-16 (2) is a vote center county under IC 3-11-18.1.
177-17 The county election board shall deliver and install the hardware,
178-18 firmware, and software necessary to use an electronic poll book in each
179-19 precinct or vote center.
180-20 SECTION 7. IC 3-11-3-25, AS AMENDED BY P.L.128-2015,
181-21 SECTION 155, IS AMENDED TO READ AS FOLLOWS
182-22 [EFFECTIVE JULY 1, 2023]: Sec. 25. (a) This subsection applies
183-23 when the county election board provides a precinct with a printed
184-24 sample ballot under section 11 of this chapter. As required by 52
185-25 U.S.C. 21082, the inspector of each precinct shall post the samples of
186-26 each of the state and local ballots provided by the county election board
187-27 under this article in and about the polls. The sample ballots shall be
188-28 printed on different paper than the genuine ballots.
189-29 (b) An electronic device that is not an electronic poll book may
190-30 be used at a precinct or vote center to display a sample ballot. For
191-31 purposes of certification of voting systems under this article, an
192-32 electronic device, the only function of which is the display of
193-33 sample ballots, is not considered to be a voting system or part of a
194-34 voting system.
195-35 (c) This subsection applies when the county election board
196-36 provides a precinct with an electronic form of the sample ballot
197-37 under section 11 of this chapter. The inspector of the precinct, or
198-38 a person under the direction of the inspector, shall post a notice in
199-39 and about the polls that the sample ballot for the precinct is
200-40 available for review on an electronic device. The sample ballot
201-41 must be made available for public inspection throughout election
202-42 day.
156+1 (4) For electronic voting systems, print: To vote for a person,
157+2 touch the screen (or press the button) in the location indicated.
158+3 (d) Local public questions shall be placed on the primary election
159+4 ballot after the heading and the voting instructions described in
160+5 subsection (c) (if the instructions are printed on the ballot) and before
161+6 the offices described in subsection (g).
162+7 (e) The local public questions described in subsection (d) shall be
163+8 placed as follows:
164+9 (1) In a separate column on the ballot if voting is by paper ballot.
165+10 (2) After the heading and the voting instructions described in
166+11 subsection (c) (if the instructions are printed on the ballot) and
167+12 before the offices described in subsection (g), in the form
168+13 specified in IC 3-11-13-11 if voting is by ballot card.
169+14 (3) As provided by either of the following if voting is by an
170+15 electronic voting system:
171+16 (A) On a separate screen for a public question.
172+17 (B) After the heading and the voting instructions described in
173+18 subsection (c) (if the instructions are printed on the ballot) and
174+19 before the offices described in subsection (g), in the form
175+20 specified in IC 3-11-14-3.5.
176+21 (f) A public question shall be placed on the primary election ballot
177+22 in the following form:
178+23 (The explanatory text for the public question,
179+24 if required by law.)
180+25 "Shall (insert public question)?"
181+26 [] YES
182+27 [] NO
183+28 (g) (d) The offices with candidates for nomination shall be placed
184+29 on the primary election ballot in the following order:
185+30 (1) Federal and state offices:
186+31 (A) President of the United States.
187+32 (B) United States Senator.
188+33 (C) Governor.
189+34 (D) United States Representative.
190+35 (2) Legislative offices:
191+36 (A) State senator.
192+37 (B) State representative.
193+38 (3) Circuit offices and county judicial offices:
194+39 (A) Judge of the circuit court, and unless otherwise specified
195+40 under IC 33, with each division separate if there is more than
196+41 one (1) judge of the circuit court.
197+42 (B) Judge of the superior court, and unless otherwise specified
203198 SB 224—LS 7130/DI 144 5
204-1 (d) This subsection applies to a county using vote centers when
205-2 the county election board provides the vote center with an
206-3 electronic form of the sample ballot under section 11 of this
207-4 chapter. The inspector of the vote center, or a person under the
208-5 direction of the inspector, shall post a notice in and about the polls
209-6 that the sample ballots for each precinct in the county are available
210-7 for review on an electronic device. The sample ballots must be
211-8 made available for public inspection throughout election day.
212-9 SECTION 8. IC 3-11-10-25, AS AMENDED BY P.L.193-2021,
213-10 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
214-11 JULY 1, 2023]: Sec. 25. (a) A voter who votes by absentee ballot
215-12 because of:
216-13 (1) illness or injury; or
217-14 (2) caring for a confined person at a private residence;
218-15 and who is within the county may vote before an absentee voter board
219-16 or by mail.
220-17 (b) If requested by a voter described in subsection (a) or by a voter
221-18 with disabilities whose precinct is not accessible to voters with
222-19 disabilities, an absentee voter board shall visit the voter's place of
223-20 confinement or the residence of the voter with disabilities:
224-21 (1) during the regular office hours of the circuit court clerk;
225-22 (2) at a time agreed to by the board and the voter;
226-23 (3) on any of the nineteen (19) days immediately before election
227-24 day; and
228-25 (4) only once before an election, unless:
229-26 (A) the confined voter is unavailable at the time of the board's
230-27 first visit due to a medical emergency; or
231-28 (B) the board, in its discretion, decides to make an additional
232-29 visit.
233-30 (c) This subsection applies to a voter confined due to illness or
234-31 injury. An absentee voter board may not be denied access to the voter's
235-32 place of confinement if the board is present at the place of confinement
236-33 at a time:
237-34 (1) agreed to by the board and the voter; and
238-35 (2) during the regular office hours of the circuit court clerk. A
239-36 person who knowingly violates this subsection commits
240-37 obstruction or interference with an election officer worker in the
241-38 discharge of the officer's election worker's duty, a violation of
242-39 IC 3-14-3-4.
243-40 (d) The county election board, by unanimous vote of the board's
244-41 entire membership, may authorize an absentee voter board to visit a
245-42 voter who is confined due to illness or injury and will be outside the
199+1 under IC 33, with each division separate if there is more than
200+2 one (1) judge of the superior court.
201+3 (C) Judge of the probate court.
202+4 (D) Prosecuting attorney.
203+5 (E) Circuit court clerk.
204+6 (4) County offices:
205+7 (A) County auditor.
206+8 (B) County recorder.
207+9 (C) County treasurer.
208+10 (D) County sheriff.
209+11 (E) County coroner.
210+12 (F) County surveyor.
211+13 (G) County assessor.
212+14 (H) County commissioner.
213+15 (I) County council member.
214+16 (5) Township offices:
215+17 (A) Township assessor (only in a township referred to in
216+18 IC 36-6-5-1(d)).
217+19 (B) Township trustee.
218+20 (C) Township board member.
219+21 (D) Judge of the small claims court.
220+22 (E) Constable of the small claims court.
221+23 (6) City offices:
222+24 (A) Mayor.
223+25 (B) Clerk or clerk-treasurer.
224+26 (C) Judge of the city court.
225+27 (D) City-county council member or common council member.
226+28 (7) Town offices:
227+29 (A) Clerk-treasurer.
228+30 (B) Judge of the town court.
229+31 (C) Town council member.
230+32 (h) (e) The political party offices with candidates for election shall
231+33 be placed on the primary election ballot in the following order after the
232+34 offices described in subsection (g): (d):
233+35 (1) Precinct committeeman.
234+36 (2) State convention delegate.
235+37 (i) (f) The local offices to be elected at the primary election shall be
236+38 placed on the primary election ballot after the offices described in
237+39 subsection (h). (e).
238+40 (j) (g) The offices described in subsection (i) (f) shall be placed as
239+41 follows:
240+42 (1) In a separate column on the ballot if voting is by paper ballot.
246241 SB 224—LS 7130/DI 144 6
247-1 county on election day in accordance with the procedures set forth in
248-2 subsection (b).
249-3 (e) The county election board, by unanimous vote of the board's
250-4 entire membership, may:
251-5 (1) authorize an absentee voter board to visit the voter after first
252-6 confirming that the individual is a registered voter of the county;
253-7 and
254-8 (2) permit the voter to complete an absentee ballot application
255-9 before the absentee voter board.
256-10 If both members of the absentee voter board approve the voter's
257-11 application under this subsection, the board shall provide the voter with
258-12 an absentee ballot.
259-13 (f) As provided by 52 U.S.C. 21081, a voter casting an absentee
260-14 ballot under this section must be:
261-15 (1) permitted to verify in a private and independent manner the
262-16 votes selected by the voter before the ballot is cast and counted;
263-17 (2) provided with the opportunity to change the ballot or correct
264-18 any error in a private and independent manner before the ballot is
265-19 cast and counted, including the opportunity to receive a
266-20 replacement ballot if the voter is otherwise unable to change or
267-21 correct the ballot; and
268-22 (3) notified before the ballot is cast regarding the effect of casting
269-23 multiple votes for the office and provided an opportunity to
270-24 correct the ballot before the ballot is cast and counted.
271-25 (g) As provided by 52 U.S.C. 21081, when an absentee ballot is
272-26 provided under this section, the board must also provide the voter with:
273-27 (1) information concerning the effect of casting multiple votes for
274-28 an office; and
275-29 (2) instructions on how to correct the ballot before the ballot is
276-30 cast and counted, including the issuance of replacement ballots.
277-31 (h) This subsection applies to a voter who applies to vote an
278-32 absentee ballot by mail. The county election board shall include a copy
279-33 of the Absentee Voter's Bill of Rights with any absentee ballot mailed
280-34 to the voter.
281-35 (i) An absentee voter board visiting a voter under this section may
282-36 use an electronic poll book.
283-37 SECTION 9. IC 3-11-11-1.3 IS ADDED TO THE INDIANA CODE
284-38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
285-39 1, 2023]: Sec. 1.3. For purposes of this chapter, an electronic device
286-40 that is not an electronic poll book may be used at a precinct or vote
287-41 center to display a sample ballot. For purposes of certification of
288-42 voting systems under this article, an electronic device, the only
242+1 (2) After the offices described in subsection (h) (e) in the form
243+2 specified in IC 3-11-13-11 if voting is by ballot card.
244+3 (3) Either:
245+4 (A) on a separate screen for each office; or public question; or
246+5 (B) after the offices described in subsection (h) (e) in the form
247+6 specified in IC 3-11-14-3.5;
248+7 if voting is by an electronic voting system.
249+8 SECTION 5. IC 3-10-1-19.5, AS AMENDED BY P.L.21-2016,
250+9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
251+10 JANUARY 1, 2024]: Sec. 19.5. Notwithstanding section 19 of this
252+11 chapter, the county election board may alter the prescribed ballot order
253+12 to place the names of the candidates for the following offices before the
254+13 names of the candidates for county judicial offices:
255+14 (1) Prosecuting attorney.
256+15 (2) Clerk of the circuit court.
257+16 (3) The county offices listed in section 19(g)(4) 19(d)(4) of this
258+17 chapter.
259+18 SECTION 6. IC 3-10-1-29 IS AMENDED TO READ AS
260+19 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 29. The canvass
261+20 of votes cast in a primary election shall, as far as applicable, be made
262+21 in the same manner and by the same officers as the canvass at a general
263+22 election. The tally sheet upon which the count has been entered shall
264+23 be included in the returns of the election. Each precinct election board
265+24 shall, on blanks provided for that purpose, make full and accurate
266+25 returns of the votes cast for each candidate and on each public question
267+26 unless votes were cast on a ballot card voting system that is not
268+27 designed to allow the counting and tabulation of votes by the precinct
269+28 election board. The board shall set forth in the return, opposite the
270+29 name of each candidate, and public question, the number of votes cast
271+30 for the candidate. and for or against each public question. The tabular
272+31 statement must contain the following information, with the names of
273+32 candidates and public questions arranged in the order in which they
274+33 appear upon the official ballot:
275+34 (1) The name of the precinct.
276+35 (2) The name of the township (or ward).
277+36 (3) The name of the county.
278+37 (4) The name of the party of the candidates for Representative in
279+38 Congress.
280+39 SECTION 7. IC 3-10-1-31.3, AS AMENDED BY P.L.74-2017,
281+40 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
282+41 JANUARY 1, 2024]: Sec. 31.3. (a) This subsection applies to a
283+42 primary election within an election district in which more than one (1)
289284 SB 224—LS 7130/DI 144 7
290-1 function of which is the display of sample ballots, is not considered
291-2 to be a voting system or part of a voting system.
292-3 SECTION 10. IC 3-11-11-1.7, AS AMENDED BY THE
293-4 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
294-5 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
295-6 JULY 1, 2023]: Sec. 1.7. (a) Each county election board shall provide
296-7 an adequate number of sample ballots for each precinct of the county.
297-8 The county election board shall arrange the sample ballots in the form
298-9 of a diagram showing:
299-10 (1) the political party and independent tickets;
300-11 (2) the offices to be filled;
301-12 (3) the names of the candidates; and
302-13 (4) the public questions;
303-14 in the same order in which they will occur on the official ballots printed
304-15 under the jurisdiction of the election division and the county election
305-16 board. However, if presidential electors are to be voted for at an
306-17 election, then the ballot of each party or independent ticket must be in
307-18 the form prescribed by IC 3-10-4-1.
308-19 (b) Each county election board shall provide either or both of
309-20 the following for each precinct in the county:
310-21 (1) An adequate number of sample ballots.
311-22 (2) An electronic form of the sample ballot arranged under
312-23 subsection (a), if the county election board requires display of
313-24 sample ballots using an electronic device under section 1.3 of
314-25 this chapter.
315-26 (b) (c) This subsection applies to a county having a population of
316-27 more than four hundred thousand (400,000) but and less than seven
317-28 hundred thousand (700,000). At least ten (10) days before an election,
318-29 each county election board shall duplicate, distribute, and cause to be
319-30 posted copies of official sample ballots:
320-31 (1) received from the election division; and
321-32 (2) prepared by the county election board;
322-33 to schools, fire stations, county courthouses, and other public buildings
323-34 in the county.
324-35 SECTION 11. IC 3-11-11-1.9, AS AMENDED BY P.L.278-2019,
325-36 SECTION 101, IS AMENDED TO READ AS FOLLOWS
326-37 [EFFECTIVE JULY 1, 2023]: Sec. 1.9. (a) Before the opening of the
327-38 polls, the precinct election board shall compare the ballots with the
328-39 sample ballots and determine whether the names, numbers, and letters
329-40 are in agreement. The board then shall certify that the ballots and the
330-41 sample ballots are in agreement. Forms shall be provided for
331-42 certification, and the certification shall be filed with the election
285+1 political party chooses the party's nominees or in which a nonpartisan
286+2 ballot is available for a voter to vote for an office. or on a public
287+3 question. A voter whose political party is not recorded on the poll list
288+4 as required under section 24 of this chapter shall be shown on the
289+5 voter's registration record as having cast an unknown ballot in that
290+6 primary.
291+7 (b) This subsection applies to a primary election within an election
292+8 district in which only one (1) political party chooses its nominees and
293+9 a nonpartisan ballot is not available. A voter:
294+10 (1) whose political party recorded on the poll list is not the
295+11 political party conducting a primary within the election district;
296+12 (2) who is indicated on the poll list as having requested a
297+13 nonpartisan ballot; or
298+14 (3) whose political party is not recorded on the poll list as
299+15 required under section 24 of this chapter;
300+16 shall be shown on the voter's registration record as having cast a ballot
301+17 for the political party choosing that political party's nominees in that
302+18 primary election.
303+19 SECTION 8. IC 3-10-1-32, AS AMENDED BY P.L.179-2011,
304+20 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
305+21 JANUARY 1, 2024]: Sec. 32. Primary election returns must contain the
306+22 whole number of votes cast for each of the following:
307+23 (1) Each candidate of each political party.
308+24 (2) Each public question voted on at the primary election.
309+25 (3) (2) Each candidate for election to a political party office.
310+26 SECTION 9. IC 3-10-3-1, AS AMENDED BY P.L.225-2011,
311+27 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
312+28 JANUARY 1, 2024]: Sec. 1. (a) Whenever a proposed state
313+29 constitutional amendment or other public question is submitted by the
314+30 general assembly under Article 16 of the Constitution of the State of
315+31 Indiana to the electorate of the state for a popular vote, the election
316+32 division shall certify the public question to the county election board
317+33 of each county.
318+34 (b) If the vote is to occur at a general election, the election division
319+35 shall certify by noon on the date specified under IC 3-8-7-16 for the
320+36 election division to certify candidates and other public questions for the
321+37 general election ballot. If a special election is to be held, the election
322+38 division shall certify at least thirty (30) days before the election. Each
323+39 county election board shall publish notice of the public question in
324+40 accordance with IC 5-3-1.
325+41 SECTION 10. IC 3-10-3-1.5 IS ADDED TO THE INDIANA CODE
326+42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
332327 SB 224—LS 7130/DI 144 8
333-1 returns.
334-2 (b) This subsection applies when the county election board
335-3 provides a precinct with a printed sample ballot under section 1.7
336-4 of this chapter. The inspector of each precinct, or a person under the
337-5 direction of the inspector, shall post sample ballots near the entrance
338-6 of the chute for the precinct. The ballots must be available for public
339-7 inspection throughout election day.
340-8 (c) This subsection applies when the county election board
341-9 provides a precinct with an electronic form of the sample ballot
342-10 under section 1.7 of this chapter. The inspector of the precinct, or
343-11 a person under the direction of the inspector, shall post a notice
344-12 near the entrance of the chute for the precinct that the sample
345-13 ballot for the precinct is available for review on an electronic
346-14 device. The sample ballot must be made available for public
347-15 inspection throughout election day.
348-16 (c) (d) This subsection applies to a county using vote centers. Not
349-17 later than the first date that a voter may cast a ballot at a vote center,
350-18 the county election board shall do both of the following:
351-19 (1) Make the comparison between the sample ballots, regular
352-20 official ballots, and provisional ballots described in subsection
353-21 (a).
354-22 (2) Certify that the ballots are in agreement.
355-23 A copy of the certification shall be entered into the minutes of the
356-24 county election board.
357-25 (d) (e) This subsection applies to a county using vote centers. The
358-26 county election board shall do both of the following:
359-27 (1) Have copies of each sample ballot for each precinct available
360-28 for inspection by a voter at each vote center.
361-29 (2) Post a notice in the vote center stating that sample ballots are
362-30 available for inspection upon request by the voter.
363-31 (f) This subsection applies to a county using vote centers when
364-32 the county election board provides the vote center with an
365-33 electronic form of the sample ballot under section 1.7 of this
366-34 chapter. The inspector of the vote center, or a person under the
367-35 direction of the inspector, shall post a notice near the entrance of
368-36 the chute for the vote center that the sample ballots for each
369-37 precinct in the county are available for review on an electronic
370-38 device. The sample ballots must be made available for public
371-39 inspection throughout election day.
372-40 SECTION 12. IC 3-11-11-2, AS AMENDED BY P.L.221-2005,
373-41 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
374-42 JULY 1, 2023]: Sec. 2. (a) On the morning of election day, the precinct
328+1 JANUARY 1, 2024]: Sec. 1.5. A public question under this chapter
329+2 may be placed on the ballot only at a general election.
330+3 SECTION 11. IC 3-10-5-1 IS AMENDED TO READ AS
331+4 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 1. Whenever the
332+5 Congress of the United States proposes an amendment to the
333+6 Constitution of the United States and proposes that it be ratified by
334+7 conventions in the several states, the governor shall fix, by
335+8 proclamation, the date of an election to elect the delegates to the
336+9 convention in this state. The election shall be held within sixty (60)
337+10 days after the date of the proclamation and within four (4) months after
338+11 the date of the receipt of the proposed amendment by the appropriate
339+12 official from the Secretary of State of the United States. If a general
340+13 election occurs within this period, the special election shall be held at
341+14 the same time and by the same election officers who conduct the
342+15 general election. at the next election permitted under section 1.5 of
343+16 this chapter.
344+17 SECTION 12. IC 3-10-5-1.5 IS ADDED TO THE INDIANA CODE
345+18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
346+19 JANUARY 1, 2024]: Sec. 1.5. An election of delegates under this
347+20 chapter may be placed on the ballot only at a general election.
348+21 SECTION 13. IC 3-10-8-6, AS AMENDED BY P.L.230-2005,
349+22 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
350+23 JANUARY 1, 2024]: Sec. 6. (a) Except as provided in subsection (b)
351+24 or (c), if a special election is held at a time other than the time of a
352+25 general election, the election shall be held in accordance with this title.
353+26 Each county election board and other local public official who is
354+27 required to perform any duties in connection with a general election
355+28 shall perform the same duties for the special election, subject to the
356+29 same provisions and penalties as for a general election.
357+30 (b) If a special election is held
358+31 (1) under a court order under IC 3-12-8, or
359+32 (2) for a local public question;
360+33 the county election board may provide that several precincts may vote
361+34 in the special election at the same polling place, if the county election
362+35 board finds by unanimous vote of the entire membership of the board
363+36 that the consolidation of polling places will not result in undue
364+37 inconvenience to voters.
365+38 (c) If a special election is held
366+39 (1) under a court order under IC 3-12-8 for a school board office,
367+40 or
368+41 (2) for a local public question;
369+42 the county election board may by unanimous vote of the entire
375370 SB 224—LS 7130/DI 144 9
376-1 election officers shall meet at the polls at least one (1) hour before the
377-2 time for opening the polls. The inspector then shall have:
378-3 (1) the boundaries of the chute designated;
379-4 (2) the sample ballots and instruction cards and either the:
380-5 (A) sample ballots; or
381-6 (B) notice under section 1.9(c) or 1.9(f) of this chapter;
382-7 posted; and
383-8 (3) everything put in readiness for the commencement of voting
384-9 at the opening of the polls.
385-10 (b) At the opening of the polls, the inspector and judges shall see
386-11 that there are no ballots in the ballot box before the voting begins. After
387-12 the inspection of the box, the inspector shall:
388-13 (1) securely lock the box;
389-14 (2) give one (1) key to the judge of the opposite political party;
390-15 and
391-16 (3) retain one (1) key.
392-17 (c) Once securely locked, the ballot box may not be opened again
393-18 until after the polls have been closed and the precinct election board is
394-19 ready to immediately proceed with the counting, except as otherwise
395-20 provided for central counting.
396-21 (d) The voting booths or compartments must be of a size and design
397-22 to permit a voter to mark ballots in secret.
398-23 SECTION 13. IC 3-11-13-9, AS AMENDED BY P.L.190-2011,
399-24 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
400-25 JULY 1, 2023]: Sec. 9. (a) The public officials charged with the duty
401-26 of providing ballot cards or ballot labels shall also provide either or
402-27 both of the following:
403-28 (1) Sample ballots.
404-29 (2) An electronic form of the sample ballot arranged under
405-30 subsection (b), if the county election board requires display of
406-31 sample ballots using an electronic device under section 10.5 of
407-32 this chapter.
408-33 (b) A sample ballot must be:
409-34 (1) a copy of the official ballot cards or ballot labels;
410-35 (2) arranged in the form of a diagram showing the front of the
411-36 marking device as it will appear at the election; and
412-37 (3) altered so marks on the sample ballot cannot be counted as
413-38 votes.
414-39 SECTION 14. IC 3-11-13-10 IS AMENDED TO READ AS
415-40 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This subsection
416-41 applies when the county election board provides a precinct with a
417-42 printed sample ballot under section 9 of this chapter. The
371+1 membership of the board adopt a resolution to provide that each
372+2 precinct election board will include only one (1) inspector and one (1)
373+3 judge, and that only one (1) sheriff and one (1) poll clerk may be
374+4 nominated as precinct election officers. If the board has adopted a
375+5 resolution under subsection (b), a resolution adopted under this
376+6 subsection may also provide for more than one (1) precinct to be served
377+7 by the same precinct election board. A resolution adopted under this
378+8 subsection may not be rescinded by the county election board and
379+9 expires the day after the special election is conducted.
380+10 (d) The following procedures apply if a county election board adopts
381+11 a resolution under subsection (c):
382+12 (1) The inspector shall be nominated by the county chairman
383+13 entitled to nominate an inspector under IC 3-6-6-8.
384+14 (2) The judge shall act as a clerk whenever this title requires that
385+15 two (2) clerks perform a duty.
386+16 (3) The poll clerk shall act as a judge whenever this title requires
387+17 that two (2) judges perform a duty.
388+18 (4) If a precinct election board administers more than one (1)
389+19 precinct, the board shall keep the ballots cast in each precinct
390+20 separate from ballots cast in any other precinct, so that the votes
391+21 cast for each candidate and on each public question in each of the
392+22 precincts administered by the board may be determined.
393+23 SECTION 14. IC 3-10-9-3, AS AMENDED BY P.L.225-2011,
394+24 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
395+25 JANUARY 1, 2024]: Sec. 3. (a) Except as provided in subsection (c),
396+26 a referendum or local public question may be placed on the ballot
397+27 only at the following elections:
398+28 (1) A general election.
399+29 (2) A municipal general election, but only if the election
400+30 district for the public question is contained entirely within a
401+31 municipality.
402+32 (b) If a local public question must be certified to an election board
403+33 by law, that certification must occur no not later than noon
404+34 (1) seventy-four (74) days before a primary election if the public
405+35 question is to be placed on the primary or municipal primary
406+36 election ballot; or
407+37 (2) August 1. if the public question is to be placed on the general
408+38 or municipal election ballot.
409+39 (c) This subsection applies only to a school corporation that
410+40 imposed an operating referendum tax levy:
411+41 (1) before January 1, 2024; and
412+42 (2) that will expire after December 31, 2023.
418413 SB 224—LS 7130/DI 144 10
419-1 appropriate precinct election officers shall post sample ballots near the
420-2 entrance to the polls on election day and see that they are available to
421-3 public inspection throughout the day.
422-4 (b) This subsection applies when the county election board
423-5 provides a precinct with an electronic form of the sample ballot
424-6 under section 9 of this chapter. The inspector of the precinct, or a
425-7 person under the direction of the inspector, shall post a notice near
426-8 the entrance of the chute for the precinct that the sample ballot for
427-9 the precinct is available for review on an electronic device. The
428-10 sample ballot must be made available for public inspection
429-11 throughout election day.
430-12 (c) This subsection applies to a county using vote centers when
431-13 the county election board provides the vote center with an
432-14 electronic form of the sample ballot under section 9 of this chapter.
433-15 The inspector of the vote center, or a person under the direction of
434-16 the inspector, shall post a notice near the entrance of the chute for
435-17 the vote center that the sample ballots for each precinct in the
436-18 county are available for review on an electronic device. The sample
437-19 ballots must be made available for public inspection throughout
438-20 election day.
439-21 SECTION 15. IC 3-11-13-10.5 IS ADDED TO THE INDIANA
440-22 CODE AS A NEW SECTION TO READ AS FOLLOWS
441-23 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. For purposes of this
442-24 chapter, an electronic device that is not an electronic poll book may
443-25 be used at a precinct or vote center to display a sample ballot. For
444-26 purposes of certification of voting systems under this article, an
445-27 electronic device, the only function of which is the display of
446-28 sample ballots, is not considered to be a voting system or part of a
447-29 voting system.
448-30 SECTION 16. IC 3-11-13-27, AS AMENDED BY P.L.278-2019,
449-31 SECTION 107, IS AMENDED TO READ AS FOLLOWS
450-32 [EFFECTIVE JULY 1, 2023]: Sec. 27. (a) After the delivery of a ballot
451-33 card voting system to a precinct, the precinct election board may meet
452-34 at the polls on the same day and open the package containing the
453-35 sample ballot cards, to determine whether the system is ready for use
454-36 in accordance with section 16 of this chapter. If a ballot card voting
455-37 system is not in compliance with that section, the board shall
456-38 immediately label, set and adjust, and place the system in order or have
457-39 it done.
458-40 (b) While acting under subsection (a), the precinct election board
459-41 may restrict access to parts of the room where marking devices and
460-42 other election material are being handled to safeguard this material.
414+1 A school corporation may hold a referendum under IC 20-46-1 at
415+2 the next election permitted under IC 20-46-1-14.5.
416+3 SECTION 15. IC 3-11-3-11, AS AMENDED BY P.L.193-2021,
417+4 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
418+5 JULY 1, 2023]: Sec. 11. (a) Except as provided in subsection (b), the
419+6 county election board shall deliver the following to each inspector or
420+7 the inspector's representative:
421+8 (1) The supplies provided for the inspector's precinct by the
422+9 election division.
423+10 (2) The sample ballots, the ballot labels, if any, and all poll lists,
424+11 registration lists, and other supplies considered necessary to
425+12 conduct the election in the inspector's precinct.
426+13 (3) The ballots printed under the direction of the county election
427+14 board as follows:
428+15 (A) In those precincts where ballot card voting systems are to
429+16 be used, the number of ballots at least equal to one hundred
430+17 percent (100%) of the number of voters in the inspector's
431+18 precinct, according to the poll list.
432+19 (B) In those precincts where electronic voting systems are to
433+20 be used, the number of ballots that will be required to be
434+21 printed and furnished to the precincts for emergency purposes
435+22 only.
436+23 (C) Provisional ballots in the number considered necessary by
437+24 the county election board.
438+25 (4) Twenty (20) ink pens suitable for printing the names of
439+26 write-in candidates on the ballot or ballot envelope.
440+27 (5) Copies of the voter's bill of rights for posting as required by 52
441+28 U.S.C. 21082.
442+29 (6) Copies of the instructions for a provisional voter required by
443+30 52 U.S.C. 21082 and IC 3-11.7-2-2. The county election board
444+31 shall provide at least the number of copies of the instructions as
445+32 the number of provisional ballots provided under subdivision (3).
446+33 (7) Copies of the notice for posting as required by IC 3-7-29-1(f).
447+34 (8) The blank voter registration applications required to be
448+35 provided under IC 3-7-48-7(b).
449+36 (9) An electronic form of the sample ballot, if the county
450+37 election board permits the display or printing of sample
451+38 ballots using an electronic device under section 25 of this
452+39 chapter, IC 3-11-11-1.3, IC 3-11-13-10.5, or IC 3-11-14-18.5.
453+40 (b) This subsection applies to a county that:
454+41 (1) has adopted an order under IC 3-7-29-6(a)(1); or
455+42 (2) is a vote center county under IC 3-11-18.1.
461456 SB 224—LS 7130/DI 144 11
462-1 (c) On the morning of election day, the precinct election officers
463-2 shall meet at the polls at least one (1) hour before the time for opening
464-3 the polls. The inspector then shall have:
465-4 (1) the boundaries of the chute designated;
466-5 (2) the sample ballots and instruction cards and either the:
467-6 (A) sample ballots; or
468-7 (B) notice under section 10(b) or 10(c) of this chapter;
469-8 posted; and
470-9 (3) everything put in readiness for the commencement of voting
471-10 at the opening of the polls.
472-11 (d) Before the opening of the polls, the precinct election officers
473-12 shall do the following:
474-13 (1) Compare the ballot cards used in the marking device with the
475-14 sample ballots furnished and determine whether the names,
476-15 numbers, and letters are in agreement.
477-16 (2) Determine that the system records that zero (0) votes have
478-17 been cast for each candidate and on each public question.
479-18 (3) Assure that the system is otherwise in perfect order.
480-19 (e) The officers then shall certify that:
481-20 (1) the marking device and the sample ballots are in agreement;
482-21 (2) the system records zero (0) votes cast; and
483-22 (3) the system appears to be in perfect order.
484-23 Forms shall be provided for certification, and the certification shall be
485-24 filed with the election returns.
486-25 (f) This subsection applies to a county using vote centers. Not later
487-26 than the first date that a voter may cast a ballot at a vote center, the
488-27 county election board shall do both of the following:
489-28 (1) Make the comparison between the sample ballots, regular
490-29 official ballots, and provisional ballots as provided in subsection
491-30 (d).
492-31 (2) Certify that the ballots are in agreement.
493-32 A copy of the certification shall be entered into the minutes of the
494-33 county election board.
495-34 (g) This subsection applies to a county using vote centers. The
496-35 county election board shall do both of the following:
497-36 (1) Have copies of each sample ballot for each precinct available
498-37 for inspection by a voter at each vote center.
499-38 (2) Post a notice in the vote center stating that sample ballots are
500-39 available for inspection upon request by the voter.
501-40 SECTION 17. IC 3-11-14-7, AS AMENDED BY P.L.194-2013,
502-41 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
503-42 JULY 1, 2023]: Sec. 7. (a) Each county election board shall provide the
457+1 The county election board shall deliver and install the hardware,
458+2 firmware, and software necessary to use an electronic poll book in each
459+3 precinct or vote center.
460+4 SECTION 16. IC 3-11-3-25, AS AMENDED BY P.L.128-2015,
461+5 SECTION 155, IS AMENDED TO READ AS FOLLOWS
462+6 [EFFECTIVE JULY 1, 2023]: Sec. 25. (a) As required by 52 U.S.C.
463+7 21082, the inspector of each precinct shall post the samples of each of
464+8 the state and local ballots provided by the county election board under
465+9 this article in and about the polls. Except as provided in subsection
466+10 (b), the sample ballots shall be printed on different paper than the
467+11 genuine ballots.
468+12 (b) For purposes of subsection (a), a county election board may
469+13 permit the use of an electronic device at a precinct or vote center
470+14 to display or print a sample ballot. For purposes of certification of
471+15 voting systems under this article, an electronic device, the only
472+16 function of which is the display and printing of sample ballots, is
473+17 not considered to be a voting system or part of a voting system.
474+18 SECTION 17. IC 3-11-10-25, AS AMENDED BY P.L.193-2021,
475+19 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
476+20 JULY 1, 2023]: Sec. 25. (a) A voter who votes by absentee ballot
477+21 because of:
478+22 (1) illness or injury; or
479+23 (2) caring for a confined person at a private residence;
480+24 and who is within the county may vote before an absentee voter board
481+25 or by mail.
482+26 (b) If requested by a voter described in subsection (a) or by a voter
483+27 with disabilities whose precinct is not accessible to voters with
484+28 disabilities, an absentee voter board shall visit the voter's place of
485+29 confinement or the residence of the voter with disabilities:
486+30 (1) during the regular office hours of the circuit court clerk;
487+31 (2) at a time agreed to by the board and the voter;
488+32 (3) on any of the nineteen (19) days immediately before election
489+33 day; and
490+34 (4) only once before an election, unless:
491+35 (A) the confined voter is unavailable at the time of the board's
492+36 first visit due to a medical emergency; or
493+37 (B) the board, in its discretion, decides to make an additional
494+38 visit.
495+39 (c) This subsection applies to a voter confined due to illness or
496+40 injury. An absentee voter board may not be denied access to the voter's
497+41 place of confinement if the board is present at the place of confinement
498+42 at a time:
504499 SB 224—LS 7130/DI 144 12
505-1 number of sample ballots the county election board considers adequate
506-2 for each precinct of the county. The county election board shall arrange
507-3 the sample ballots in the form of a diagram showing the entire front of
508-4 an electronic voting system as it will appear on the official ballots
509-5 printed under the jurisdiction of the county election board. However,
510-6 if presidential electors are to be voted for at an election, then the ballot
511-7 label of each political party or independent ticket must be in the form
512-8 prescribed by IC 3-10-4-1.
513-9 (b) Each county election board shall provide either or both of
514-10 the following for each precinct of the county:
515-11 (1) The number of sample ballots the county election board
516-12 considers adequate for each precinct.
517-13 (2) An electronic form of the sample ballot arranged under
518-14 subsection (a), if the county election board requires display of
519-15 sample ballots using an electronic device under section 18.5 of
520-16 this chapter.
521-17 SECTION 18. IC 3-11-14-18 IS AMENDED TO READ AS
522-18 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) This subsection
523-19 applies when the county election board provides a precinct with a
524-20 printed sample ballot under section 7 of this chapter. The inspector
525-21 of each precinct, or a person under the direction of the inspector, shall
526-22 post sample ballots near the entrance of the chute for the precinct. The
527-23 ballots must be available for public inspection throughout election day.
528-24 (b) This subsection applies when the county election board
529-25 provides a precinct with an electronic form of the sample ballot
530-26 under section 7 of this chapter. The inspector of the precinct, or a
531-27 person under the direction of the inspector, shall post a notice near
532-28 the entrance of the chute for the precinct that the sample ballot for
533-29 the precinct is available for review on an electronic device. The
534-30 sample ballot must be made available for public inspection
535-31 throughout election day.
536-32 (c) This subsection applies to a county using vote centers when
537-33 the county election board provides the vote center with an
538-34 electronic form of the sample ballot under section 7 of this chapter.
539-35 The inspector of the vote center, or a person under the direction of
540-36 the inspector, shall post a notice near the entrance of the chute for
541-37 the vote center that the sample ballots for each precinct in the
542-38 county are available for review on an electronic device. The sample
543-39 ballots must be made available for public inspection throughout
544-40 election day.
545-41 SECTION 19. IC 3-11-14-18.5 IS ADDED TO THE INDIANA
546-42 CODE AS A NEW SECTION TO READ AS FOLLOWS
500+1 (1) agreed to by the board and the voter; and
501+2 (2) during the regular office hours of the circuit court clerk. A
502+3 person who knowingly violates this subsection commits
503+4 obstruction or interference with an election officer worker in the
504+5 discharge of the officer's election worker's duty, a violation of
505+6 IC 3-14-3-4.
506+7 (d) The county election board, by unanimous vote of the board's
507+8 entire membership, may authorize an absentee voter board to visit a
508+9 voter who is confined due to illness or injury and will be outside the
509+10 county on election day in accordance with the procedures set forth in
510+11 subsection (b).
511+12 (e) The county election board, by unanimous vote of the board's
512+13 entire membership, may:
513+14 (1) authorize an absentee voter board to visit the voter after first
514+15 confirming that the individual is a registered voter of the county;
515+16 and
516+17 (2) permit the voter to complete an absentee ballot application
517+18 before the absentee voter board.
518+19 If both members of the absentee voter board approve the voter's
519+20 application under this subsection, the board shall provide the voter with
520+21 an absentee ballot.
521+22 (f) As provided by 52 U.S.C. 21081, a voter casting an absentee
522+23 ballot under this section must be:
523+24 (1) permitted to verify in a private and independent manner the
524+25 votes selected by the voter before the ballot is cast and counted;
525+26 (2) provided with the opportunity to change the ballot or correct
526+27 any error in a private and independent manner before the ballot is
527+28 cast and counted, including the opportunity to receive a
528+29 replacement ballot if the voter is otherwise unable to change or
529+30 correct the ballot; and
530+31 (3) notified before the ballot is cast regarding the effect of casting
531+32 multiple votes for the office and provided an opportunity to
532+33 correct the ballot before the ballot is cast and counted.
533+34 (g) As provided by 52 U.S.C. 21081, when an absentee ballot is
534+35 provided under this section, the board must also provide the voter with:
535+36 (1) information concerning the effect of casting multiple votes for
536+37 an office; and
537+38 (2) instructions on how to correct the ballot before the ballot is
538+39 cast and counted, including the issuance of replacement ballots.
539+40 (h) This subsection applies to a voter who applies to vote an
540+41 absentee ballot by mail. The county election board shall include a copy
541+42 of the Absentee Voter's Bill of Rights with any absentee ballot mailed
547542 SB 224—LS 7130/DI 144 13
548-1 [EFFECTIVE JULY 1, 2023]: Sec. 18.5. For purposes of this
549-2 chapter, an electronic device that is not an electronic poll book may
550-3 be used at a precinct or vote center to display a sample ballot. For
551-4 purposes of certification of voting systems under this article, an
552-5 electronic device, the only function of which is the display of
553-6 sample ballots, is not considered to be a voting system or part of a
554-7 voting system.
555-8 SECTION 20. IC 3-11-15-59, AS AMENDED BY P.L.193-2021,
556-9 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
557-10 JULY 1, 2023]: Sec. 59. (a) Whenever a county wishes to dispose of a
558-11 voting system unit or an electronic poll book unit, the county election
559-12 board must first file a plan with the election division. The plan must
560-13 state all of the following:
561-14 (1) The serial number of each unit to be disposed of by the
562-15 county.
563-16 (2) The method to be used for disposal of the equipment,
564-17 including sale, transfer, or destruction of the equipment and the
565-18 details about how the equipment will be disposed of. For
566-19 purposes of this subdivision, a disposal method of an
567-20 electronic poll book unit may include the deletion of any
568-21 electronic poll book software on the unit and the repurposing
569-22 of the unit as an electronic device to display an electronic
570-23 form of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3,
571-24 IC 3-11-13-10.5, and IC 3-11-14-18.5.
572-25 (3) That the disposal will occur in compliance with federal and
573-26 state laws requiring the retention of election materials until the
574-27 expiration of the period specified by those laws.
575-28 (4) The details regarding the person that will dispose of the
576-29 equipment.
577-30 (b) If the election division approves the proposed plan, the election
578-31 division shall notify:
579-32 (1) the county election board, which may then dispose of the
580-33 equipment; and
581-34 (2) the voting system technical oversight program (VSTOP)
582-35 (established by IC 3-11-16-2).
583-36 (c) A county may not dispose of a voting system unit or an
584-37 electronic poll book unit by selling, transferring, or otherwise
585-38 surrendering ownership to a person to which a voting system vendor is
586-39 prohibited to sell, lease, or transfer possession of a voting system under
587-40 section 60 of this chapter, except to the vendor from whom the county
588-41 acquired the voting system unit or electronic poll book.
589-42 (d) A plan filed with the election division under this section is
543+1 to the voter.
544+2 (i) An absentee voter board visiting a voter under this section may
545+3 use an electronic poll book.
546+4 SECTION 18. IC 3-11-11-1.3 IS ADDED TO THE INDIANA
547+5 CODE AS A NEW SECTION TO READ AS FOLLOWS
548+6 [EFFECTIVE JULY 1, 2023]: Sec. 1.3. For purposes of this chapter,
549+7 a county election board may permit the use of an electronic device
550+8 at a precinct or vote center to display or print a sample ballot. For
551+9 purposes of certification of voting systems under this article, an
552+10 electronic device, the only function of which is the display and
553+11 printing of sample ballots, is not considered to be a voting system
554+12 or part of a voting system.
555+13 SECTION 19. IC 3-11-11-1.7, AS AMENDED BY THE
556+14 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
557+15 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
558+16 JULY 1, 2023]: Sec. 1.7. (a) Each county election board shall provide
559+17 an adequate number of sample ballots for each precinct of the county.
560+18 The county election board shall arrange the sample ballots in the form
561+19 of a diagram showing:
562+20 (1) the political party and independent tickets;
563+21 (2) the offices to be filled;
564+22 (3) the names of the candidates; and
565+23 (4) the public questions;
566+24 in the same order in which they will occur on the official ballots printed
567+25 under the jurisdiction of the election division and the county election
568+26 board. However, if presidential electors are to be voted for at an
569+27 election, then the ballot of each party or independent ticket must be in
570+28 the form prescribed by IC 3-10-4-1.
571+29 (b) Each county election board shall provide for each precinct
572+30 in the county:
573+31 (1) an adequate number of sample ballots; and
574+32 (2) an electronic form of the sample ballot arranged under
575+33 subsection (a), if the county election board permits the display
576+34 or printing of sample ballots using an electronic device under
577+35 section 1.3 of this chapter.
578+36 (b) (c) This subsection applies to a county having a population of
579+37 more than four hundred thousand (400,000) but and less than seven
580+38 hundred thousand (700,000). At least ten (10) days before an election,
581+39 each county election board shall duplicate, distribute, and cause to be
582+40 posted copies of official sample ballots:
583+41 (1) received from the election division; and
584+42 (2) prepared by the county election board;
590585 SB 224—LS 7130/DI 144 14
591-1 confidential.
592-2 SECTION 21. IC 3-11-15-62 IS ADDED TO THE INDIANA
593-3 CODE AS A NEW SECTION TO READ AS FOLLOWS
594-4 [EFFECTIVE JULY 1, 2023]: Sec. 62. An electronic:
595-5 (1) code;
596-6 (2) tally;
597-7 (3) record;
598-8 (4) report; or
599-9 (5) representation of data;
600-10 that directly or indirectly indicates the selections made by a voter
601-11 while voting in an election is declared confidential for purposes of
602-12 IC 5-14-3-4.
603-13 SECTION 22. IC 3-14-2-19, AS AMENDED BY P.L.158-2013,
604-14 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
605-15 JULY 1, 2023]: Sec. 19. (a) A person who knowingly:
606-16 (1) forges or falsely makes the official endorsement of a ballot; or
607-17 (2) prints or circulates an imitation ballot;
608-18 commits a Level 6 felony.
609-19 (b) This section does not prohibit the:
610-20 (1) printing or circulation of a sample ballot or a reproduction of
611-21 an official ballot if the sample or reproduction complies with
612-22 IC 3-9-3-2.5 and the printing or circulation does not violate
613-23 IC 3-14-1-2; or
614-24 (2) displaying of a sample ballot under IC 3-11-3-25,
615-25 IC 3-11-11-1.3, IC 3-11-13-10.5, or IC 3-11-14-18.5.
616-26 SECTION 23. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
617-27 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
618-28 JULY 1, 2023]: Sec. 4. (a) A person who:
619-29 (1) knowingly obstructs or interferes with an election officer
620-30 worker in the discharge of the officer's election worker's duty;
621-31 or
622-32 (2) knowingly obstructs or interferes with a voter within the
623-33 chute;
624-34 commits a Level 6 felony.
625-35 (b) A person who knowingly injures an election officer worker or
626-36 a voter:
627-37 (1) in the exercise of the officer's election worker's or voter's
628-38 rights or duties; or
629-39 (2) because the officer election worker or voter has exercised the
630-40 officer's election worker's or voter's rights or duties;
631-41 commits a Level 6 felony.
632-42 (c) A person called as a witness to testify against another for a
586+1 to schools, fire stations, county courthouses, and other public buildings
587+2 in the county.
588+3 SECTION 20. IC 3-11-13-7.5, AS ADDED BY P.L.109-2021,
589+4 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
590+5 JANUARY 1, 2024]: Sec. 7.5. (a) This section applies to a marking
591+6 device used in a voting system that:
592+7 (1) contains features of both a ballot card voting system and an
593+8 electronic voting system; and
594+9 (2) produces a ballot card with the voter's choices as selected by
595+10 the voter and marked on the card by the device.
596+11 (b) The interface of the marking device used with an optical scan
597+12 voting system must include all of the following:
598+13 (1) The information required by IC 3-11-14-3.5.
599+14 (2) The instructions required by IC 3-11-2-8.
600+15 (3) The information and instructions required by IC 3-11-2-10.
601+16 (c) A marking device must comply with the same disability access
602+17 standards as an electronic voting system under IC 3-11-15-13.6.
603+18 (d) Notwithstanding any other provision of this title, a ballot card
604+19 used with a marking device must have either preprinted or printed by
605+20 the marking device the following:
606+21 (1) When the marking device is used for absentee voting under
607+22 IC 3-11-10-26, the circuit court clerk's signature and seal required
608+23 by IC 3-11-10-27.
609+24 (2) When the marking device is used by a voter to cast a
610+25 provisional ballot, the circuit court clerk's signature and seal
611+26 required by IC 3-11.7-1-7.
612+27 (3) A line or box for each poll clerk's initial as required by section
613+28 19 of this chapter.
614+29 (4) When the marking device is used during a primary election,
615+30 the name of the political party whose primary the voter is
616+31 participating in. or the word "nonpartisan" if the voter is voting a
617+32 ballot that contains only a public question certified by the county
618+33 election board under IC 3-10-9.
619+34 (e) If the voting system produces a ballot card, the ballot card must
620+35 contain a summary ballot scan of the voter's ballot that includes all of
621+36 the following:
622+37 (1) The name or designation of each office on the voter's ballot.
623+38 (2) The name of the candidate and the candidate's political party
624+39 selected by the voter.
625+40 (3) If the voter selects a straight party ticket, the name of the
626+41 political party ticket the voter selected.
627+42 (4) A description of the text of any public question or judicial
633628 SB 224—LS 7130/DI 144 15
634-1 violation of this section is a competent witness to prove the offense
635-2 even though the person may have been a party to the violation. The
636-3 person shall be compelled to testify as other witnesses. However, the
637-4 person's evidence may not be used against the person in a prosecution
638-5 growing out of matters about which the person testifies, and the person
639-6 is not liable to indictment or information for the offense.
640-7 SECTION 24. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
641-8 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
642-9 JULY 1, 2023]: Sec. 18. (a) As used in this section, "candidate"
643-10 includes an individual whom the person knows is considering
644-11 becoming a candidate.
645-12 (b) A person who, for the purpose of influencing a voter, an election
646-13 worker, or a candidate, does any of the following commits a Level 6
647-14 felony:
648-15 (1) Seeks to enforce the payment of a debt by force or threat of
649-16 force.
650-17 (2) Ejects or threatens to eject the voter, election worker, or
651-18 candidate from a house the voter, election worker, or candidate
652-19 occupies.
653-20 (3) Begins a criminal prosecution.
654-21 (4) Damages the business or trade of the voter, election worker,
655-22 or candidate.
656-23 (5) Communicates a threat to commit a forcible felony (as defined
657-24 in IC 35-31.5-2-138) against a voter, an election worker, or a
658-25 candidate with the intent that the voter, election worker, or
659-26 candidate:
660-27 (A) engage in conduct against the voter's, election worker's,
661-28 or candidate's will; or
662-29 (B) be placed in fear of retaliation for a prior lawful act as a
663-30 voter, an election worker, or a candidate.
664-31 SECTION 25. IC 4-33-6-19 IS AMENDED TO READ AS
665-32 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 19. (a) This
666-33 section applies to:
667-34 (1) a county contiguous to the Ohio River;
668-35 (2) a county containing a historic hotel district; and
669-36 (3) a county contiguous to Lake Michigan that has a population
670-37 of less than four hundred thousand (400,000).
671-38 (b) Notwithstanding any other provision of this article, the
672-39 commission may not:
673-40 (1) issue a license under this article to allow a riverboat to operate
674-41 in the county; or
675-42 (2) enter into a contract with an operating agent under
629+1 retention question on the voter's ballot that the county election
630+2 board determines reasonably conveys the content of the public
631+3 question or judicial retention question and the response the voter
632+4 selected for each question.
633+5 The ballot card may contain additional information described in
634+6 subsection (b).
635+7 (f) Notwithstanding any other provision of this chapter, a ballot card
636+8 used with the marking device may be a different dimension or size than
637+9 other ballot cards:
638+10 (1) approved by the county election board for use in an election;
639+11 and
640+12 (2) that are not designed to be marked by the marking device.
641+13 (g) A voter verifiable paper audit trail is not a marking device.
642+14 SECTION 21. IC 3-11-13-9, AS AMENDED BY P.L.190-2011,
643+15 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
644+16 JULY 1, 2023]: Sec. 9. (a) The public officials charged with the duty
645+17 of providing ballot cards or ballot labels shall also provide:
646+18 (1) sample ballots; and
647+19 (2) an electronic form of the sample ballot arranged under
648+20 subsection (b), if the county election board permits the display
649+21 or printing of sample ballots using an electronic device under
650+22 section 10.5 of this chapter.
651+23 (b) A sample ballot must be:
652+24 (1) a copy of the official ballot cards or ballot labels;
653+25 (2) arranged in the form of a diagram showing the front of the
654+26 marking device as it will appear at the election; and
655+27 (3) altered so marks on the sample ballot cannot be counted as
656+28 votes.
657+29 SECTION 22. IC 3-11-13-10.5 IS ADDED TO THE INDIANA
658+30 CODE AS A NEW SECTION TO READ AS FOLLOWS
659+31 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. For purposes of this
660+32 chapter, a county election board may permit the use of an
661+33 electronic device at a precinct or vote center to display or print a
662+34 sample ballot. For purposes of certification of voting systems under
663+35 this article, an electronic device, the only function of which is the
664+36 display and printing of sample ballots, is not considered to be a
665+37 voting system or part of a voting system.
666+38 SECTION 23. IC 3-11-14-7, AS AMENDED BY P.L.194-2013,
667+39 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
668+40 JULY 1, 2023]: Sec. 7. Each county election board shall provide the
669+41 number of sample ballots the county election board considers adequate
670+42 for each precinct of the county. (a) The county election board shall
676671 SB 224—LS 7130/DI 144 16
677-1 IC 4-33-6.5;
678-2 unless the voters of the county have approved the conducting of
679-3 gambling games on riverboats in the county.
680-4 (c) If the docking of a riverboat in the county is approved by an
681-5 ordinance adopted under section 18 of this chapter, or if at least the
682-6 number of the registered voters of the county required under IC 3-8-6-3
683-7 for a petition to place a candidate on the ballot sign a petition submitted
684-8 to the circuit court clerk requesting that a local public question
685-9 concerning riverboat gaming be placed on the ballot, the county
686-10 election board shall place the following question on the ballot in the
687-11 county: during the next primary or general election:
688-12 "Shall riverboat gambling be permitted in ____ County?".
689-13 A county designated as a vote center county shall place the
690-14 question on the ballot at the next primary or general election. A
691-15 county that is not designated as a vote center county shall place the
692-16 question on the ballot at the next election permitted under
693-17 IC 3-10-9-3(a).
694-18 (d) A public question under this section shall be placed on the ballot
695-19 in accordance with IC 3-10-9 and must be certified in accordance with
672+1 arrange the sample ballots in the form of a diagram showing the entire
673+2 front of an electronic voting system as it will appear on the official
674+3 ballots printed under the jurisdiction of the county election board.
675+4 However, if presidential electors are to be voted for at an election, then
676+5 the ballot label of each political party or independent ticket must be in
677+6 the form prescribed by IC 3-10-4-1.
678+7 (b) Each county election board shall provide for each precinct
679+8 of the county:
680+9 (1) the number of sample ballots the county election board
681+10 considers adequate for each precinct; and
682+11 (2) an electronic form of the sample ballot arranged under
683+12 subsection (a), if the county election board permits the display
684+13 or printing of sample ballots using an electronic device under
685+14 section 18.5 of this chapter.
686+15 SECTION 24. IC 3-11-14-18.5 IS ADDED TO THE INDIANA
687+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
688+17 [EFFECTIVE JULY 1, 2023]: Sec. 18.5. For purposes of this
689+18 chapter, a county election board may permit the use of an
690+19 electronic device at a precinct or vote center to display or print a
691+20 sample ballot. For purposes of certification of voting systems under
692+21 this article, an electronic device, the only function of which is the
693+22 display and printing of sample ballots, is not considered to be a
694+23 voting system or part of a voting system.
695+24 SECTION 25. IC 3-11-15-62 IS ADDED TO THE INDIANA
696+25 CODE AS A NEW SECTION TO READ AS FOLLOWS
697+26 [EFFECTIVE JULY 1, 2023]: Sec. 62. An electronic:
698+27 (1) code;
699+28 (2) tally;
700+29 (3) record;
701+30 (4) report; or
702+31 (5) representation of data;
703+32 that directly or indirectly indicates the selections made by a voter
704+33 while voting in an election is declared confidential for purposes of
705+34 IC 5-14-3-4.
706+35 SECTION 26. IC 3-14-2-19, AS AMENDED BY P.L.158-2013,
707+36 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
708+37 JULY 1, 2023]: Sec. 19. (a) A person who knowingly:
709+38 (1) forges or falsely makes the official endorsement of a ballot; or
710+39 (2) prints or circulates an imitation ballot;
711+40 commits a Level 6 felony.
712+41 (b) This section does not prohibit the:
713+42 (1) printing or circulation of a sample ballot or a reproduction of
714+SB 224—LS 7130/DI 144 17
715+1 an official ballot if the sample or reproduction complies with
716+2 IC 3-9-3-2.5 and the printing or circulation does not violate
717+3 IC 3-14-1-2; or
718+4 (2) display or printing of a sample ballot under IC 3-11-3-25,
719+5 IC 3-11-11-1.3, IC 3-11-13-10.5, or IC 3-11-14-18.5.
720+6 SECTION 27. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
721+7 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
722+8 JULY 1, 2023]: Sec. 4. (a) A person who:
723+9 (1) knowingly obstructs or interferes with an election officer
724+10 worker in the discharge of the officer's election worker's duty;
725+11 or
726+12 (2) knowingly obstructs or interferes with a voter within the
727+13 chute;
728+14 commits a Level 6 felony.
729+15 (b) A person who knowingly injures an election officer worker or
730+16 a voter:
731+17 (1) in the exercise of the officer's election worker's or voter's
732+18 rights or duties; or
733+19 (2) because the officer election worker or voter has exercised the
734+20 officer's election worker's or voter's rights or duties;
735+21 commits a Level 6 felony.
736+22 (c) A person called as a witness to testify against another for a
737+23 violation of this section is a competent witness to prove the offense
738+24 even though the person may have been a party to the violation. The
739+25 person shall be compelled to testify as other witnesses. However, the
740+26 person's evidence may not be used against the person in a prosecution
741+27 growing out of matters about which the person testifies, and the person
742+28 is not liable to indictment or information for the offense.
743+29 SECTION 28. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
744+30 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
745+31 JULY 1, 2023]: Sec. 18. (a) As used in this section, "candidate"
746+32 includes an individual whom the person knows is considering
747+33 becoming a candidate.
748+34 (b) A person who, for the purpose of influencing a voter, an election
749+35 worker, or a candidate, does any of the following commits a Level 6
750+36 felony:
751+37 (1) Seeks to enforce the payment of a debt by force or threat of
752+38 force.
753+39 (2) Ejects or threatens to eject the voter, election worker, or
754+40 candidate from a house the voter, election worker, or candidate
755+41 occupies.
756+42 (3) Begins a criminal prosecution.
757+SB 224—LS 7130/DI 144 18
758+1 (4) Damages the business or trade of the voter, election worker,
759+2 or candidate.
760+3 (5) Communicates a threat to commit a forcible felony (as defined
761+4 in IC 35-31.5-2-138) against a voter, an election worker, or a
762+5 candidate with the intent that the voter, election worker, or
763+6 candidate:
764+7 (A) engage in conduct against the voter's, election worker's,
765+8 or candidate's will; or
766+9 (B) be placed in fear of retaliation for a prior lawful act as a
767+10 voter, an election worker, or a candidate.
768+11 SECTION 29. IC 4-33-6-19 IS AMENDED TO READ AS
769+12 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 19. (a) This
770+13 section applies to:
771+14 (1) a county contiguous to the Ohio River;
772+15 (2) a county containing a historic hotel district; and
773+16 (3) a county contiguous to Lake Michigan that has a population
774+17 of less than four hundred thousand (400,000).
775+18 (b) Notwithstanding any other provision of this article, the
776+19 commission may not:
777+20 (1) issue a license under this article to allow a riverboat to operate
778+21 in the county; or
779+22 (2) enter into a contract with an operating agent under
780+23 IC 4-33-6.5;
781+24 unless the voters of the county have approved the conducting of
782+25 gambling games on riverboats in the county.
783+26 (c) If the docking of a riverboat in the county is approved by an
784+27 ordinance adopted under section 18 of this chapter, or if at least the
785+28 number of the registered voters of the county required under IC 3-8-6-3
786+29 for a petition to place a candidate on the ballot sign a petition submitted
787+30 to the circuit court clerk requesting that a local public question
788+31 concerning riverboat gaming be placed on the ballot, the county
789+32 election board shall place the following question on the ballot in the
790+33 county during at the next primary or general election permitted under
791+34 IC 3-10-9-3(a):
792+35 "Shall riverboat gambling be permitted in ____ County?".
793+36 (d) A public question under this section shall be placed on the ballot
794+37 in accordance with IC 3-10-9 and must be certified in accordance with
795+38 IC 3-10-9-3.
796+39 (e) The clerk of the circuit court clerk of a county holding an
797+40 election under this chapter shall certify the results determined under
798+41 IC 3-12-4-9 to the commission and the department of state revenue.
799+42 (f) If a public question under this section is placed on the ballot in
800+SB 224—LS 7130/DI 144 19
801+1 a county and the voters of the county do not vote in favor of permitting
802+2 riverboat gambling under this article, a second public question under
803+3 this section may not be held in that county for at least two (2) years. If
804+4 the voters of the county vote to reject riverboat gambling a second time,
805+5 a third or subsequent public question under this section may not be
806+6 held in that county until the general election held during the tenth year
807+7 following the year that the previous public question was placed on the
808+8 ballot.
809+9 SECTION 30. IC 6-1.1-20-3.6, AS AMENDED BY P.L.174-2022,
810+10 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
811+11 JANUARY 1, 2024]: Sec. 3.6. (a) Except as provided in sections 3.7
812+12 and 3.8 of this chapter, this section applies only to a controlled project
813+13 described in section 3.5(a) of this chapter.
814+14 (b) If a sufficient petition requesting the application of the local
815+15 public question process has been filed as set forth in section 3.5 of this
816+16 chapter, a political subdivision may not impose property taxes to pay
817+17 debt service on bonds or lease rentals on a lease for a controlled project
818+18 unless the political subdivision's proposed debt service or lease rental
819+19 is approved in an election on by a local public question held under this
820+20 section.
821+21 (c) Except as provided in subsection (k), the following question
822+22 shall be submitted to the eligible voters at the election conducted under
823+23 this section:
824+24 "Shall ________ (insert the name of the political subdivision)
825+25 increase property taxes paid to the _______ (insert the type of
826+26 taxing unit) by homeowners and businesses? If this public
827+27 question is approved by the voters, the average property tax paid
828+28 to the _______ (insert the type of taxing unit) per year on a
829+29 residence would increase by ______% (insert the estimated
830+30 average percentage of property tax increase paid to the political
831+31 subdivision on a residence within the political subdivision as
832+32 determined under subsection (n)) and the average property tax
833+33 paid to the _____ (insert the type of taxing unit) per year on a
834+34 business property would increase by ______% (insert the
835+35 estimated average percentage of property tax increase paid to the
836+36 political subdivision on a business property within the political
837+37 subdivision as determined under subsection (o)). The political
838+38 subdivision may issue bonds or enter into a lease to ________
839+39 (insert a brief description of the controlled project), which is
840+40 estimated to cost _______ (insert the total cost of the project)
841+41 over ______ (insert number of years to bond maturity or
842+42 termination of lease) years. The most recent property tax
843+SB 224—LS 7130/DI 144 20
844+1 referendum within the boundaries of the political subdivision for
845+2 which this public question is being considered was proposed by
846+3 ________ (insert name of political subdivision) in ______ (insert
847+4 year of most recent property tax referendum) and ________
848+5 (insert whether the measure passed or failed).".
849+6 "Shall ________ (insert the name of the political subdivision)
850+7 issue bonds or enter into a lease to finance (insert a brief
851+8 description of the controlled project) which is estimated to
852+9 cost no more than (insert the total cost of the project) and is
853+10 estimated to ________ (insert increase or decrease, whichever
854+11 is applicable) the property tax rate for debt service by a
855+12 maximum of _____ cents per one hundred dollars ($100) of
856+13 assessed value? (insert the cent amount).
857+14 If this public question is approved by the voters, the property
858+15 tax paid annually for a median residence of __________
859+16 (insert the political subdivision's median household assessed
860+17 value) would increase _______ per year (insert dollar
861+18 amount). The property tax paid annually for a business
862+19 property would increase ____ per one hundred dollars ($100)
863+20 of assessed value (insert dollar amount).
864+21 (If, in the previous five (5) years, the political subdivision has
865+22 conducted a public question, the following shall be included in
866+23 the ballot language.) The most recent property tax
867+24 referendum within the boundaries of the political subdivision
868+25 for which this public question is being considered was
869+26 proposed by ________ (insert name of political subdivision) in
870+27 ______ (insert year of most recent property tax referendum)
871+28 and ________ (insert whether the measure passed or failed).".
872+29 The public question must appear on the ballot in the form approved by
873+30 the county election board. If the political subdivision proposing to issue
874+31 bonds or enter into a lease is located in more than one (1) county, the
875+32 county election board of each county shall jointly approve the form of
876+33 the public question that will appear on the ballot in each county. The
877+34 form approved by the county election board may differ from the
878+35 language certified to the county election board by the county auditor.
879+36 If the county election board approves the language of a public question
880+37 under this subsection, the county election board shall submit the
881+38 language and the certification of the county auditor described in
882+39 subsection (p) to the department of local government finance for
883+40 review.
884+41 (d) The department of local government finance shall review the
885+42 language of the public question to evaluate whether the description of
886+SB 224—LS 7130/DI 144 21
887+1 the controlled project is accurate and is not biased against either a vote
888+2 in favor of the controlled project or a vote against the controlled
889+3 project. The department of local government finance shall post the
890+4 estimated average percentage of property tax increases to be paid to a
891+5 political subdivision on a residence and business property that are
892+6 certified by the county auditor under subsection (p) on the department's
893+7 Internet web site. The department of local government finance may
894+8 either approve the ballot language as submitted or recommend that the
895+9 ballot language be modified as necessary to ensure that the description
896+10 of the controlled project is accurate and is not biased. The department
897+11 of local government finance shall certify its approval or
898+12 recommendations to the county auditor and the county election board
899+13 not more than ten (10) days after the language of the public question is
900+14 submitted to the department for review. If the department of local
901+15 government finance recommends a modification to the ballot language,
902+16 the county election board shall, after reviewing the recommendations
903+17 of the department of local government finance, submit modified ballot
904+18 language to the department for the department's approval or
905+19 recommendation of any additional modifications. The public question
906+20 may not be certified by the county auditor under subsection (e) unless
907+21 the department of local government finance has first certified the
908+22 department's final approval of the ballot language for the public
909+23 question.
910+24 (e) The county auditor shall certify the finally approved public
911+25 question under IC 3-10-9-3 to the county election board of each county
912+26 in which the political subdivision is located. The certification must
913+27 occur not later than noon
914+28 (1) seventy-four (74) days before a primary election if the public
915+29 question is to be placed on the primary or municipal primary
916+30 election ballot; or
917+31 (2) August 1. if the public question is to be placed on the general
918+32 or municipal election ballot.
919+33 Subject to the certification requirements and deadlines under this
920+34 subsection and except as provided in subsection (j), the public question
921+35 shall be placed on the ballot at the next primary election, general
922+36 election or municipal election permitted under IC 3-10-9-3(a) in
923+37 which all voters of the political subdivision are entitled to vote.
924+38 However, if a primary election, general election, or municipal election
925+39 will not be held during the first year in which the public question is
926+40 eligible to be placed on the ballot under this section and if the political
927+41 subdivision requests the public question to be placed on the ballot at a
928+42 special election, the public question shall be placed on the ballot at a
929+SB 224—LS 7130/DI 144 22
930+1 special election to be held on the first Tuesday after the first Monday
931+2 in May or November of the year. The certification must occur not later
932+3 than noon seventy-four (74) days before a special election to be held in
933+4 May (if the special election is to be held in May) or noon on August 1.
934+5 (if the special election is to be held in November). The fiscal body of
935+6 the political subdivision that requests the special election shall pay the
936+7 costs of holding the special election. The county election board shall
937+8 give notice under IC 5-3-1 of a special election conducted under this
938+9 subsection. A special election conducted under this subsection is under
939+10 the direction of the county election board. The county election board
940+11 shall take all steps necessary to carry out the special election.
941+12 (f) The circuit court clerk shall certify the results of the public
942+13 question to the following:
943+14 (1) The county auditor of each county in which the political
944+15 subdivision is located.
945+16 (2) The department of local government finance.
946+17 (g) Subject to the requirements of IC 6-1.1-18.5-8, the political
947+18 subdivision may issue the proposed bonds or enter into the proposed
948+19 lease rental if a majority of the eligible voters voting on the public
949+20 question vote in favor of the public question.
950+21 (h) If a majority of the eligible voters voting on the public question
951+22 vote in opposition to the public question, both of the following apply:
952+23 (1) The political subdivision may not issue the proposed bonds or
953+24 enter into the proposed lease rental.
954+25 (2) Another public question under this section on the same or a
955+26 substantially similar project may not be submitted to the voters
956+27 earlier than:
957+28 (A) except as provided in clause (B), seven hundred (700)
958+29 days after the date of the public question; or
959+30 (B) three hundred fifty (350) days after the date of the election,
960+31 if a petition that meets the requirements of subsection (m) is
961+32 submitted to the county auditor.
962+33 (i) IC 3, to the extent not inconsistent with this section, applies to an
963+34 election held under this section.
964+35 (j) A political subdivision may not divide a controlled project in
965+36 order to avoid the requirements of this section and section 3.5 of this
966+37 chapter. A person that owns property within a political subdivision or
967+38 a person that is a registered voter residing within a political subdivision
968+39 may file a petition with the department of local government finance
969+40 objecting that the political subdivision has divided a controlled project
970+41 into two (2) or more capital projects in order to avoid the requirements
971+42 of this section and section 3.5 of this chapter. The petition must be filed
972+SB 224—LS 7130/DI 144 23
973+1 not more than ten (10) days after the political subdivision gives notice
974+2 of the political subdivision's decision under section 3.5 of this chapter
975+3 or a determination under section 5 of this chapter to issue bonds or
976+4 enter into leases for a capital project that the person believes is the
977+5 result of a division of a controlled project that is prohibited by this
978+6 subsection. If the department of local government finance receives a
979+7 petition under this subsection, the department shall not later than thirty
980+8 (30) days after receiving the petition make a final determination on the
981+9 issue of whether the political subdivision divided a controlled project
982+10 in order to avoid the requirements of this section and section 3.5 of this
983+11 chapter. If the department of local government finance determines that
984+12 a political subdivision divided a controlled project in order to avoid the
985+13 requirements of this section and section 3.5 of this chapter and the
986+14 political subdivision continues to desire to proceed with the project, the
987+15 political subdivision may appeal the determination of the department
988+16 of local government finance to the Indiana board of tax review. A
989+17 political subdivision shall be considered to have divided a capital
990+18 project in order to avoid the requirements of this section and section
991+19 3.5 of this chapter if the result of one (1) or more of the subprojects
992+20 cannot reasonably be considered an independently desirable end in
993+21 itself without reference to another capital project. This subsection does
994+22 not prohibit a political subdivision from undertaking a series of capital
995+23 projects in which the result of each capital project can reasonably be
996+24 considered an independently desirable end in itself without reference
997+25 to another capital project.
998+26 (k) This subsection applies to a political subdivision for which a
999+27 petition requesting a public question has been submitted under section
1000+28 3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
1001+29 the political subdivision may adopt a resolution to withdraw a
1002+30 controlled project from consideration in a public question. If the
1003+31 legislative body provides a certified copy of the resolution to the county
1004+32 auditor and the county election board not later than sixty-three (63)
1005+33 days before the election at which the public question would be on the
1006+34 ballot, the public question on the controlled project shall not be placed
1007+35 on the ballot and the public question on the controlled project shall not
1008+36 be held, regardless of whether the county auditor has certified the
1009+37 public question to the county election board. If the withdrawal of a
1010+38 public question under this subsection requires the county election
1011+39 board to reprint ballots, the political subdivision withdrawing the
1012+40 public question shall pay the costs of reprinting the ballots. If a political
1013+41 subdivision withdraws a public question under this subsection that
1014+42 would have been held at a special election and the county election
1015+SB 224—LS 7130/DI 144 24
1016+1 board has printed the ballots before the legislative body of the political
1017+2 subdivision provides a certified copy of the withdrawal resolution to
1018+3 the county auditor and the county election board, the political
1019+4 subdivision withdrawing the public question shall pay the costs
1020+5 incurred by the county in printing the ballots. If a public question on a
1021+6 controlled project is withdrawn under this subsection, a public question
1022+7 under this section on the same controlled project or a substantially
1023+8 similar controlled project may not be submitted to the voters earlier
1024+9 than three hundred fifty (350) days after the date the resolution
1025+10 withdrawing the public question is adopted.
1026+11 (l) If a public question regarding a controlled project is placed on
1027+12 the ballot to be voted on at an election under this section, the political
1028+13 subdivision shall submit to the department of local government finance,
1029+14 at least thirty (30) days before the election, the following information
1030+15 regarding the proposed controlled project for posting on the
1031+16 department's Internet web site:
1032+17 (1) The cost per square foot of any buildings being constructed as
1033+18 part of the controlled project.
1034+19 (2) The effect that approval of the controlled project would have
1035+20 on the political subdivision's property tax rate.
1036+21 (3) The maximum term of the bonds or lease.
1037+22 (4) The maximum principal amount of the bonds or the maximum
1038+23 lease rental for the lease.
1039+24 (5) The estimated interest rates that will be paid and the total
1040+25 interest costs associated with the bonds or lease.
1041+26 (6) The purpose of the bonds or lease.
1042+27 (7) In the case of a controlled project proposed by a school
1043+28 corporation:
1044+29 (A) the current and proposed square footage of school building
1045+30 space per student;
1046+31 (B) enrollment patterns within the school corporation; and
1047+32 (C) the age and condition of the current school facilities.
1048+33 (m) If a majority of the eligible voters voting on the public question
1049+34 vote in opposition to the public question, a petition may be submitted
1050+35 to the county auditor to request that the limit under subsection
1051+36 (h)(2)(B) apply to the holding of a subsequent public question by the
1052+37 political subdivision. If such a petition is submitted to the county
1053+38 auditor and is signed by the lesser of:
1054+39 (1) five hundred (500) persons who are either owners of property
1055+40 within the political subdivision or registered voters residing
1056+41 within the political subdivision; or
1057+42 (2) five percent (5%) of the registered voters residing within the
1058+SB 224—LS 7130/DI 144 25
1059+1 political subdivision;
1060+2 the limit under subsection (h)(2)(B) applies to the holding of a second
1061+3 public question by the political subdivision and the limit under
1062+4 subsection (h)(2)(A) does not apply to the holding of a second public
1063+5 question by the political subdivision.
1064+6 (n) At the request of a political subdivision that proposes to impose
1065+7 property taxes to pay debt service on bonds or lease rentals on a lease
1066+8 for a controlled project, the county auditor of a county in which the
1067+9 political subdivision is located shall determine the estimated average
1068+10 percentage of property tax increase on a homestead to be paid to the
1069+11 political subdivision that must be included in the public question under
1070+12 subsection (c) as follows:
1071+13 STEP ONE: Determine the average assessed value of a homestead
1072+14 located within the political subdivision.
1073+15 STEP TWO: For purposes of determining the net assessed value
1074+16 of the average homestead located within the political subdivision,
1075+17 subtract:
1076+18 (A) an amount for the homestead standard deduction under
1077+19 IC 6-1.1-12-37 as if the homestead described in STEP ONE
1078+20 was eligible for the deduction; and
1079+21 (B) an amount for the supplemental homestead deduction
1080+22 under IC 6-1.1-12-37.5 as if the homestead described in STEP
1081+23 ONE was eligible for the deduction;
1082+24 from the result of STEP ONE.
1083+25 STEP THREE: Divide the result of STEP TWO by one hundred
1084+26 (100).
1085+27 STEP FOUR: Determine the overall average tax rate per one
1086+28 hundred dollars ($100) of assessed valuation for the current year
1087+29 imposed on property located within the political subdivision.
1088+30 STEP FIVE: For purposes of determining net property tax liability
1089+31 of the average homestead located within the political subdivision:
1090+32 (A) multiply the result of STEP THREE by the result of STEP
1091+33 FOUR; and
1092+34 (B) as appropriate, apply any currently applicable county
1093+35 property tax credit rates and the credit for excessive property
1094+36 taxes under IC 6-1.1-20.6-7.5(a)(1).
1095+37 STEP SIX: Determine the amount of the political subdivision's
1096+38 part of the result determined in STEP FIVE.
1097+39 STEP SEVEN: Determine the estimated tax rate that will be
1098+40 imposed if the public question is approved by the voters.
1099+41 STEP EIGHT: Multiply the result of STEP SEVEN by the result
1100+42 of STEP THREE.
1101+SB 224—LS 7130/DI 144 26
1102+1 STEP NINE: Divide the result of STEP EIGHT by the result of
1103+2 STEP SIX, expressed as a percentage.
1104+3 (o) At the request of a political subdivision that proposes to impose
1105+4 property taxes to pay debt service on bonds or lease rentals on a lease
1106+5 for a controlled project, the county auditor of a county in which the
1107+6 political subdivision is located shall determine the estimated average
1108+7 percentage of property tax increase on a business property to be paid
1109+8 to the political subdivision that must be included in the public question
1110+9 under subsection (c) as follows:
1111+10 STEP ONE: Determine the average assessed value of business
1112+11 property located within the political subdivision.
1113+12 STEP TWO: Divide the result of STEP ONE by one hundred
1114+13 (100).
1115+14 STEP THREE: Determine the overall average tax rate per one
1116+15 hundred dollars ($100) of assessed valuation for the current year
1117+16 imposed on property located within the political subdivision.
1118+17 STEP FOUR: For purposes of determining net property tax
1119+18 liability of the average business property located within the
1120+19 political subdivision:
1121+20 (A) multiply the result of STEP TWO by the result of STEP
1122+21 THREE; and
1123+22 (B) as appropriate, apply any currently applicable county
1124+23 property tax credit rates and the credit for excessive property
1125+24 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
1126+25 was three percent (3%).
1127+26 STEP FIVE: Determine the amount of the political subdivision's
1128+27 part of the result determined in STEP FOUR.
1129+28 STEP SIX: Determine the estimated tax rate that will be imposed
1130+29 if the public question is approved by the voters.
1131+30 STEP SEVEN: Multiply the result of STEP TWO by the result of
1132+31 STEP SIX.
1133+32 STEP EIGHT: Divide the result of STEP SEVEN by the result of
1134+33 STEP FIVE, expressed as a percentage.
1135+34 (p) The county auditor shall certify the estimated average
1136+35 percentage of property tax increase on a homestead to be paid to the
1137+36 political subdivision determined under subsection (n), and the
1138+37 estimated average percentage of property tax increase on a business
1139+38 property to be paid to the political subdivision determined under
1140+39 subsection (o), in a manner prescribed by the department of local
1141+40 government finance, and provide the certification to the political
1142+41 subdivision that proposes to impose property taxes. The political
1143+42 subdivision shall provide the certification to the county election board
1144+SB 224—LS 7130/DI 144 27
1145+1 and include the estimated average percentages in the language of the
1146+2 public question at the time the language of the public question is
1147+3 submitted to the county election board for approval as described in
1148+4 subsection (c).
1149+5 SECTION 31. IC 8-1.5-2-5, AS AMENDED BY P.L.229-2019,
1150+6 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1151+7 JANUARY 1, 2024]: Sec. 5. (a) Each appraiser appointed as provided
1152+8 by section 4 of this chapter must:
1153+9 (1) by education and experience, have such expert and technical
1154+10 knowledge and qualifications as to make a proper appraisal and
1155+11 valuation of the property of the type and nature involved in the
1156+12 sale;
1157+13 (2) be a disinterested person; and
1158+14 (3) not be a resident or taxpayer of the municipality.
1159+15 (b) The appraisers shall:
1160+16 (1) be sworn to make a just and true valuation of the property; and
1161+17 (2) return their appraisal, in writing, to the:
1162+18 (A) municipal legislative body; or
1163+19 (B) municipal executive;
1164+20 that appointed them within the time fixed in the writing
1165+21 appointing them under section 4 of this chapter.
1166+22 (c) If all three (3) appraisers cannot agree as to the appraised value,
1167+23 the appraisal, when signed by two (2) of the appraisers, constitutes a
1168+24 good and valid appraisal.
1169+25 (d) If, after the return of the appraisal by the appraisers, the
1170+26 legislative body and the municipal executive decide to proceed with the
1171+27 sale or disposition of the nonsurplus municipally owned utility
1172+28 property, the legislative body shall, not earlier than the thirty (30) day
1173+29 period described in subsection (e) and not later than one hundred
1174+30 eighty (180) days after the return of the appraisal, hold a public hearing
1175+31 to do the following:
1176+32 (1) Review and explain the appraisal.
1177+33 (2) Receive public comment on the proposed sale or disposition
1178+34 of the nonsurplus municipally owned utility property.
1179+35 Not less than thirty (30) days or more than sixty (60) days after the date
1180+36 of a hearing under this section, the legislative body may adopt an
1181+37 ordinance providing for the sale or disposition of the nonsurplus
1182+38 municipally owned utility property, subject to subsections (f) and (g)
1183+39 and, in the case of an ordinance adopted under this subsection after
1184+40 March 28, 2016, subject to section 6.1 of this chapter. The legislative
1185+41 body is not required to adopt an ordinance providing for the sale or
1186+42 disposition of the nonsurplus municipally owned utility property if,
1187+SB 224—LS 7130/DI 144 28
1188+1 after the hearing, the legislative body determines it is not in the interest
1189+2 of the municipality to proceed with the sale or disposition. Notice of a
1190+3 hearing under this section shall be published in the manner prescribed
1191+4 by IC 5-3-1.
1192+5 (e) The hearing on the proposed sale or disposition of the
1193+6 nonsurplus municipally owned utility property may not be held less
1194+7 than thirty (30) days after notice of the hearing is given as required by
1195+8 subsection (d).
1196+9 (f) Subject to subsection (j), an ordinance adopted under subsection
1197+10 (d) does not take effect until the latest of the following:
1198+11 (1) The expiration of the thirty (30) day period described in
1199+12 subsection (g), if the question as to whether the sale or disposition
1200+13 should be made is not submitted to the voters of the municipality
1201+14 under subsection (g).
1202+15 (2) If:
1203+16 (A) the question as to whether the sale or disposition shall be
1204+17 made is submitted to the voters of the municipality under
1205+18 subsection (g); and
1206+19 (B) a majority of the voters voting on the question vote for the
1207+20 sale or disposition;
1208+21 at such time that the vote is determined to be final.
1209+22 (3) The effective date specified by the legislative body in the
1210+23 ordinance.
1211+24 (g) Subject to subsection (m) and to section 6.1 of this chapter in the
1212+25 case of an ordinance adopted under subsection (d) after March 28,
1213+26 2016, if:
1214+27 (1) the legislative body adopts an ordinance under subsection (d);
1215+28 and
1216+29 (2) not later than thirty (30) days after the date the ordinance is
1217+30 adopted at least the number of the registered voters of the
1218+31 municipality set forth in subsection (h) sign and present a petition
1219+32 to the legislative body opposing the sale or disposition;
1220+33 the legislative body shall submit the question as to whether the sale or
1221+34 disposition shall be made to the voters of the municipality at a special
1222+35 or general an election permitted under IC 3-10-9-3(a). In submitting
1223+36 the public question to the voters, the legislative body shall certify
1224+37 within the time set forth in IC 3-10-9-3, if applicable, the question to
1225+38 the county election board of the county containing the greatest
1226+39 percentage of population of the municipality. The county election board
1227+40 shall adopt a resolution setting forth the text of the public question and
1228+41 shall submit the question as to whether the sale or disposition shall be
1229+42 made to the voters of the municipality at a special or general an
1230+SB 224—LS 7130/DI 144 29
1231+1 election permitted under IC 3-10-9-3(a) on a date specified by the
1232+2 municipal legislative body. Pending the results of an election under this
1233+3 subsection, the municipality may not take further action to sell or
1234+4 dispose of the property as provided in the ordinance.
1235+5 (h) Subject to subsection (m) and to section 6.1 of this chapter in the
1236+6 case of an ordinance adopted under subsection (d) after March 28,
1237+7 2016, the number of signatures required on a petition opposing the sale
1238+8 or disposition under subsection (g) is as follows:
1239+9 (1) In a municipality with not more than one thousand (1,000)
1240+10 registered voters, thirty percent (30%) of the registered voters.
1241+11 (2) In a municipality with at least one thousand one (1,001)
1242+12 registered voters and not more than five thousand (5,000)
1243+13 registered voters, fifteen percent (15%) of the registered voters.
1244+14 (3) In a municipality with at least five thousand one (5,001)
1245+15 registered voters and not more than twenty-five thousand (25,000)
1246+16 registered voters, ten percent (10%) of the registered voters.
1247+17 (4) In a municipality with at least twenty-five thousand one
1248+18 (25,001) registered voters, five percent (5%) of the registered
1249+19 voters.
1250+20 (i) If a majority of the voters voting on the question vote for the sale
1251+21 or disposition, the legislative body shall proceed to sell or dispose of
1252+22 the property as provided in the ordinance, subject to subsection (m) and
1253+23 to section 6.1 of this chapter in the case of an ordinance adopted under
1254+24 subsection (d) after March 28, 2016.
1255+25 (j) If a majority of the voters voting on the question vote against the
1256+26 sale or disposition, the ordinance adopted under subsection (d) does not
1257+27 take effect and the sale or disposition may not be made, subject to
1258+28 subsection (m) and to section 6.1 of this chapter in the case of an
1259+29 ordinance adopted under subsection (d) after March 28, 2016.
1260+30 (k) If:
1261+31 (1) the legislative body adopts an ordinance under subsection (d);
1262+32 and
1263+33 (2) after the expiration of the thirty (30) day period described in
1264+34 subsection (g), a petition is not filed;
1265+35 the municipal legislative body may proceed to sell the property as
1266+36 provided in the ordinance, subject to subsection (m) and to section 6.1
1267+37 of this chapter in the case of an ordinance adopted under subsection (d)
1268+38 after March 28, 2016.
1269+39 (l) Notwithstanding the procedures set forth in this section, if:
1270+40 (1) before July 1, 2015, a municipality adopts an ordinance under
1271+41 this section for the sale or disposition of nonsurplus municipally
1272+42 owned utility property in accordance with the procedures set forth
1273+SB 224—LS 7130/DI 144 30
1274+1 in this section before its amendment on July 1, 2015; and
1275+2 (2) the ordinance adopted takes effect before July 1, 2015, in
1276+3 accordance with the procedures set forth in this section before its
1277+4 amendment on July 1, 2015;
1278+5 the ordinance is not subject to challenge under subsection (g) after June
1279+6 30, 2015, regardless of whether the thirty (30) day period described in
1280+7 subsection (g) expires after June 30, 2015. An ordinance described in
1281+8 this subsection is effective for all purposes and is legalized and
1282+9 validated.
1283+10 (m) Subsections (g) through (k) do not apply to an ordinance
1284+11 adopted under subsection (d) after March 28, 2016, if the commission
1285+12 determines, in reviewing the proposed sale or disposition under section
1286+13 6.1(h) of this chapter, that the factors set forth in IC 8-1-30.3-5(d) are
1287+14 satisfied as applied to the proposed sale or disposition.
1288+15 SECTION 32. IC 8-1.5-2-6.1, AS AMENDED BY P.L.61-2022,
1289+16 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1290+17 JANUARY 1, 2024]: Sec. 6.1. (a) This section applies to a
1291+18 municipality that adopts an ordinance under section 5(d) of this chapter
1292+19 after March 28, 2016.
1293+20 (b) Before a municipality may proceed to sell or otherwise dispose
1294+21 of all or part of its nonsurplus utility property under an ordinance
1295+22 adopted under section 5(d) of this chapter, the municipality and the
1296+23 prospective purchaser must obtain the approval of the commission
1297+24 under this section.
1298+25 (c) As part of the sale or disposition of the property, the
1299+26 municipality and the prospective purchaser may include terms and
1300+27 conditions that the municipality and the prospective purchaser consider
1301+28 to be equitable to the existing utility customers of:
1302+29 (1) the municipality's municipally owned utility; and
1303+30 (2) the prospective purchaser;
1304+31 as applicable.
1305+32 (d) The commission shall approve the sale or disposition of the
1306+33 property according to the terms and conditions proposed by the
1307+34 municipality and the prospective purchaser if the commission finds that
1308+35 the sale or disposition according to the terms and conditions proposed
1309+36 is in the public interest. For purposes of this section, the purchase price
1310+37 of the municipality's nonsurplus utility property shall be considered
1311+38 reasonable if it does not exceed the appraised value set forth in the
1312+39 appraisal required under section 5 of this chapter.
1313+40 (e) The following apply to the commission's determination under
1314+41 subsection (d) as to whether the proposed sale or disposition according
1315+42 to the proposed terms and conditions is in the public interest:
1316+SB 224—LS 7130/DI 144 31
1317+1 (1) If:
1318+2 (A) the prospective purchaser petitions the commission under
1319+3 IC 8-1-30.3-5(d); and
1320+4 (B) the commission approves the prospective purchaser's
1321+5 petition;
1322+6 the proposed sale or disposition is considered to be in the public
1323+7 interest.
1324+8 (2) If subdivision (1) does not apply and subject to subsection (h),
1325+9 the commission shall consider the extent to which the proposed
1326+10 terms and conditions of the proposed sale or disposition would
1327+11 require the existing utility customers of either the prospective
1328+12 purchaser or the municipality's municipally owned utility, as
1329+13 applicable, to pay rates that would subsidize utility service to the
1330+14 other party's existing customers. For purposes of this subdivision,
1331+15 the proposed terms and conditions will not result in rates that
1332+16 would subsidize service to other customers if the amount to be
1333+17 recorded as net original cost under subsection (f) is not greater
1334+18 than two percent (2%) of the prospective purchaser's net original
1335+19 cost rate base as determined in the prospective purchaser's most
1336+20 recent general rate case, plus any adjustments to the rate base
1337+21 under IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate
1338+22 case. If the amount to be recorded is greater than two percent
1339+23 (2%), the commission shall proceed to determine whether:
1340+24 (A) the proposed terms and conditions would result in a
1341+25 subsidy described in this subdivision; and
1342+26 (B) the subsidy would cause the proposed terms and
1343+27 conditions of the proposed sale or disposition not to be in the
1344+28 public interest.
1345+29 The commission shall calculate the amount of the subsidy that
1346+30 would result and shall set forth in an order under this section such
1347+31 changes to the proposed terms and conditions as the commission
1348+32 considers appropriate to address the subsidy. The prospective
1349+33 purchaser and the municipality shall each have thirty (30) days
1350+34 from the date of the commission's order setting forth the
1351+35 commission's changes to either accept or reject the changes. If
1352+36 either party rejects the commission's changes, the proposed sale
1353+37 or disposition is considered not to be in the public interest.
1354+38 (3) In reviewing the proposed terms and conditions of the
1355+39 proposed sale or disposition under either subdivision (1) or (2),
1356+40 the commission shall consider the financial, managerial, and
1357+41 technical ability of the prospective purchaser to provide the utility
1358+42 service required after the proposed sale or disposition.
1359+SB 224—LS 7130/DI 144 32
1360+1 (4) In reviewing the proposed terms and conditions of the
1361+2 proposed sale or disposition under either subdivision (1) or (2),
1362+3 the commission shall accept as reasonable the valuation of the
1363+4 nonsurplus utility property determined through an appraisal and
1364+5 review under section 5 of this chapter.
1365+6 (f) As part of an order approving a sale or disposition of property
1366+7 under this section, the commission shall, without regard to amounts
1367+8 that may be recorded on the books and records of the municipality and
1368+9 without regard to any grants or contributions previously received by the
1369+10 municipality, provide that for ratemaking purposes, the prospective
1370+11 purchaser shall record as the net original cost rate base an amount
1371+12 equal to:
1372+13 (1) the full purchase price;
1373+14 (2) incidental expenses; and
1374+15 (3) other costs of acquisition;
1375+16 allocated in a reasonable manner among appropriate utility plant in
1376+17 service accounts.
1377+18 (g) The commission shall issue a final order under this section not
1378+19 later than two hundred ten (210) days after the filing of the parties' case
1379+20 in chief.
1380+21 (h) In reviewing a proposed sale or disposition under subsection (e),
1381+22 the commission shall determine whether the factors set forth in
1382+23 IC 8-1-30.3-5(d) are satisfied as applied to the proposed sale or
1383+24 disposition of the municipality's nonsurplus municipally owned utility
1384+25 property for purposes of section 5(m) of this chapter. If the commission
1385+26 determines that the factors set forth in IC 8-1-30.3-5(d):
1386+27 (1) are satisfied as applied to the proposed sale or disposition,
1387+28 section 5(g) through 5(k) of this chapter does not apply to the
1388+29 municipality's ordinance adopted under section 5(d) of this
1389+30 chapter; or
1390+31 (2) are not satisfied as applied to the proposed sale or disposition:
1391+32 (A) section 5(g) through 5(k) of this chapter applies to the
1392+33 municipality's ordinance adopted under section 5(d) of this
1393+34 chapter; and
1394+35 (B) the question as to whether the sale or disposition should be
1395+36 made must be submitted to the voters of the municipality at a
1396+37 special or general the next election permitted under
1397+38 IC 3-10-9-3(a) if at least the number of the registered voters
1398+39 of the municipality set forth in section 5(h) of this chapter sign
1399+40 and present a petition to the legislative body opposing the sale
1400+41 or disposition, in accordance with section 5(g) through 5(k) of
1401+42 this chapter.
1402+SB 224—LS 7130/DI 144 33
1403+1 However, notwithstanding this subsection, in reviewing a proposed sale
1404+2 or disposition under subsection (e)(2), the commission may not
1405+3 condition its approval of the proposed sale or disposition on whether
1406+4 the factors set forth in IC 8-1-30.3-5(d) are satisfied or on any other
1407+5 factors except those provided for in subsection (e)(2), (e)(3), and (e)(4).
1408+6 SECTION 33. IC 8-1.5-3-3, AS AMENDED BY P.L.164-2019,
1409+7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1410+8 JANUARY 1, 2024]: Sec. 3. (a) The legislative body of a municipality
1411+9 may, by ordinance, provide for the control of any or all of its
1412+10 municipally owned utilities by:
1413+11 (1) the municipal works board;
1414+12 (2) a board consisting of the members of the municipal legislative
1415+13 body;
1416+14 (3) a utility service board established under subsection (f) or
1417+15 established before January 1, 1983, under IC 8-1-2-100
1418+16 (repealed); or
1419+17 (4) the board of directors of a department of waterworks
1420+18 established under IC 8-1.5-4.
1421+19 The legislative body of a third class city also may adopt an ordinance
1422+20 under this subsection to provide for the control of any or all of its storm
1423+21 water facilities by a board described in subdivisions (1) through (4). An
1424+22 ordinance granting control of any or all of a third class city's storm
1425+23 water facilities to a board described in this subsection may be separate
1426+24 from or combined with an ordinance granting control of the third class
1427+25 city's municipally owned utilities to a board described in this
1428+26 subsection.
1429+27 (b) If, at the time an ordinance is adopted under subsection (a) to
1430+28 grant control of any or all of a third class city's storm water facilities to
1431+29 a board described in subsection (a) the third class city has a department
1432+30 of storm water management under IC 8-1.5-5, the ordinance must
1433+31 specify a procedure for the transition of control of the affected storm
1434+32 water facilities from the board of directors of the department of storm
1435+33 water management to the board described in subsection (a).
1436+34 (c) The registered voters of a municipality may file a petition
1437+35 addressed to the legislative body requesting that the question of the
1438+36 creation of a utility service board be submitted to a referendum. public
1439+37 question. The petition must be signed by at least the number of the
1440+38 registered voters of the municipality required under IC 3-8-6-3 to place
1441+39 a candidate on the ballot.
1442+40 (d) Within thirty (30) days after a petition is filed, the municipal
1443+41 clerk shall certify to the legislative body and to the county election
1444+42 board that a sufficient petition has been filed.
1445+SB 224—LS 7130/DI 144 34
1446+1 (e) Following certification, the legislative body shall submit the
1447+2 question of the creation of a utility service board to a referendum
1448+3 public question at the next election permitted under IC 3-10-9-3(a).
1449+4 The question shall be submitted to the registered voters of the
1450+5 municipality by placement on the ballot in the form prescribed by
1451+6 IC 3-10-9-4 and must state:
1452+7 "Shall the legislative body of the municipality of _____________
1453+8 adopt an ordinance providing for the appointment of a utility service
1454+9 board to operate ____________ (Insert name of utility here)?".
1455+10 (f) If a majority of the voters voting on the question vote for the
1456+11 creation of a utility service board, the legislative body shall, by
1457+12 ordinance, establish a utility service board consisting of not less than
1458+13 three (3) nor more than seven (7) members. All members must be
1459+14 residents of the area served by the board. The ordinance must provide
1460+15 for:
1461+16 (1) a majority of the members to be appointed by the executive
1462+17 and a minority of the members to be appointed by the legislative
1463+18 body;
1464+19 (2) the terms of the members, which may not exceed four (4)
1465+20 years, with initial terms prescribed so that the members' terms will
1466+21 be staggered;
1467+22 (3) the salaries, if any, to be paid to the members; and
1468+23 (4) the selection by the board of a chairman, who shall not be
1469+24 considered the head of a department for purposes of IC 36-4-9-2.
1470+25 (g) The registered voters of the municipality may also file a petition
1471+26 requesting that the question of the abolition of the utility service board
1472+27 be submitted to a referendum. public question. The procedure for
1473+28 filing of the petition and the referendum public question is the same
1474+29 as that prescribed by subsections (c) through (e).
1475+30 SECTION 34. IC 8-1.5-3-9 IS AMENDED TO READ AS
1476+31 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9. (a) This
1477+32 subsection applies to a municipally owned utility that before June 1,
1478+33 1987, was taken out of the jurisdiction of the commission for the
1479+34 approval of rates and charges. A utility to which this subsection applies
1480+35 is removed from the jurisdiction of the commission for approval of the
1481+36 issuance of stocks, bonds, notes, or other evidence of indebtedness.
1482+37 (b) Except as provided in subsection (a), a municipal legislative
1483+38 body that wants to be taken out of the jurisdiction of the commission
1484+39 for approval of rates and charges and of the issuance of stocks, bonds,
1485+40 notes, or other evidence of indebtedness may submit the following
1486+41 public question to the registered voters of the municipality at the next
1487+42 election permitted under IC 3-10-9-3(a) in the form prescribed by
1488+SB 224—LS 7130/DI 144 35
1489+1 IC 3-10-9-4:
1490+2 "Shall the municipally owned utility be taken out of the
1491+3 jurisdiction of the utility regulatory commission for approval of
1492+4 rates and charges and of the issuance of stocks, bonds, notes, or
1493+5 other evidence of indebtedness?".
1494+6 (c) A municipal legislative body shall certify the public question to
1495+7 the county election board of the county that contains the greatest
1496+8 percentage of population of the municipality under IC 3-10-9-3 and
1497+9 submit the question under subsection (b) if it receives a petition that:
1498+10 (1) is signed by at least the number of the registered voters of the
1499+11 municipality required under IC 3-8-6-3 to place a candidate on the
1500+12 ballot; and
1501+13 (2) requests that the municipally owned utility be removed from
1502+14 the jurisdiction of the commission for approval of rates and
1503+15 charges and of the issuance of stocks, bonds, notes, or other
1504+16 evidence of indebtedness.
1505+17 (d) If a majority of those voting favor taking the municipally owned
1506+18 utility out of the jurisdiction of the commission, the utility:
1507+19 (1) is removed from the jurisdiction of the commission for
1508+20 approval of rates and charges and of the issuance of stocks, bonds,
1509+21 notes, or other evidence of indebtedness; and
1510+22 (2) shall mail written notice of the withdrawal from commission
1511+23 jurisdiction to the commission within thirty (30) days after the
1512+24 utility's withdrawal.
1513+25 SECTION 35. IC 8-1.5-3-9.1, AS AMENDED BY P.L.163-2013,
1514+26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1515+27 JANUARY 1, 2024]: Sec. 9.1. (a) This section applies to the following:
1516+28 (1) Water utilities that are owned or operated by second class
1517+29 cities.
1518+30 (2) Third class cities.
1519+31 (3) Towns.
1520+32 (b) In addition to section 9 of this chapter, a municipally owned
1521+33 utility to which this section applies may be removed from the
1522+34 jurisdiction of the commission for the approval of rates and charges and
1523+35 of the issuance of stocks, bonds, notes, or other evidence of
1524+36 indebtedness, if the municipal legislative body adopts an ordinance
1525+37 removing the utility from commission jurisdiction. The municipal
1526+38 legislative body shall, at least thirty (30) days before the final vote on
1527+39 the ordinance, mail written notice of the meeting to all ratepayers of the
1528+40 utility and to the commission. For a second class city the municipal
1529+41 legislative body must hold two (2) public meetings before the final vote
1530+42 on an ordinance removing the utility from commission jurisdiction may
1531+SB 224—LS 7130/DI 144 36
1532+1 be adopted. An explanation of the removal process must be provided
1533+2 at each public meeting under this section. Each public meeting must be
1534+3 held in a different location.
1535+4 (c) The ordinance described in subsection (b) takes effect sixty (60)
1536+5 days after adoption by the municipal legislative body.
1537+6 (d) The question of removal from commission jurisdiction shall be
1538+7 submitted to the registered voters of the municipality if, within the sixty
1539+8 (60) day period described in subsection (c), the legislative body
1540+9 receives a petition:
1541+10 (1) that is signed by at least the number of the registered voters of
1542+11 the municipality required under IC 3-8-6-3 to place a candidate on
1543+12 the ballot; and
1544+13 (2) that requests the legislative body to submit the question of
1545+14 removal from commission jurisdiction to the registered voters of
1546+15 the municipality at the next election permitted under
1547+16 IC 3-10-9-3(a).
1548+17 The municipal legislative body shall certify the public question in
1549+18 subsection (e) to the county election board of the county that contains
1550+19 the greatest percentage of population of the municipality under
6961551 20 IC 3-10-9-3.
697-21 (e) The clerk of the circuit court clerk of a county holding an
698-22 election under this chapter shall certify the results determined under
699-23 IC 3-12-4-9 to the commission and the department of state revenue.
700-24 (f) If a public question under this section is placed on the ballot in
701-25 a county and the voters of the county do not vote in favor of permitting
702-26 riverboat gambling under this article, a second public question under
703-27 this section may not be held in that county for at least two (2) years. If
704-28 the voters of the county vote to reject riverboat gambling a second time,
705-29 a third or subsequent public question under this section may not be
706-30 held in that county until the general election held during the tenth year
707-31 following the year that the previous public question was placed on the
708-32 ballot.
709-33 SECTION 26. IC 6-1.1-20-3.6, AS AMENDED BY P.L.174-2022,
710-34 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
711-35 JULY 1, 2023]: Sec. 3.6. (a) Except as provided in sections 3.7 and 3.8
712-36 of this chapter, this section applies only to a controlled project
713-37 described in section 3.5(a) of this chapter.
714-38 (b) If a sufficient petition requesting the application of the local
715-39 public question process has been filed as set forth in section 3.5 of this
716-40 chapter, a political subdivision may not impose property taxes to pay
717-41 debt service on bonds or lease rentals on a lease for a controlled project
718-42 unless the political subdivision's proposed debt service or lease rental
719-SB 224—LS 7130/DI 144 17
720-1 is approved in an election on by a local public question held under this
721-2 section.
722-3 (c) Except as provided in subsection (k), the following question
723-4 shall be submitted to the eligible voters at the election conducted under
724-5 this section:
725-6 "Shall ________ (insert the name of the political subdivision)
726-7 increase property taxes paid to the _______ (insert the type of
727-8 taxing unit) by homeowners and businesses? If this public
728-9 question is approved by the voters, the average property tax paid
729-10 to the _______ (insert the type of taxing unit) per year on a
730-11 residence would increase by ______% (insert the estimated
731-12 average percentage of property tax increase paid to the political
732-13 subdivision on a residence within the political subdivision as
733-14 determined under subsection (n)) and the average property tax
734-15 paid to the _____ (insert the type of taxing unit) per year on a
735-16 business property would increase by ______% (insert the
736-17 estimated average percentage of property tax increase paid to the
737-18 political subdivision on a business property within the political
738-19 subdivision as determined under subsection (o)). The political
739-20 subdivision may issue bonds or enter into a lease to ________
740-21 (insert a brief description of the controlled project), which is
741-22 estimated to cost _______ (insert the total cost of the project)
742-23 over ______ (insert number of years to bond maturity or
743-24 termination of lease) years. The most recent property tax
744-25 referendum within the boundaries of the political subdivision for
745-26 which this public question is being considered was proposed by
746-27 ________ (insert name of political subdivision) in ______ (insert
747-28 year of most recent property tax referendum) and ________
748-29 (insert whether the measure passed or failed).".
749-30 "Shall ________ (insert the name of the political subdivision)
750-31 issue bonds or enter into a lease to finance (insert a brief
751-32 description of the controlled project) which is estimated to
752-33 cost no more than (insert the total cost of the project) and is
753-34 estimated to ________ (insert increase or decrease, whichever
754-35 is applicable) the property tax rate for debt service by a
755-36 maximum of _____ cents per one hundred dollars ($100) of
756-37 assessed value? (insert the cent amount).
757-38 If this public question is approved by the voters, the property
758-39 tax paid annually for a median residence of __________
759-40 (insert the political subdivision's median household assessed
760-41 value) would increase _______ per year (insert dollar
761-42 amount). The property tax paid annually for a business
762-SB 224—LS 7130/DI 144 18
763-1 property would increase ____ per one hundred dollars ($100)
764-2 of assessed value (insert dollar amount).
765-3 (If, in the previous five (5) years, the political subdivision has
766-4 conducted a public question, the following shall be included in
767-5 the ballot language.) The most recent property tax
768-6 referendum within the boundaries of the political subdivision
769-7 for which this public question is being considered was
770-8 proposed by ________ (insert name of political subdivision) in
771-9 ______ (insert year of most recent property tax referendum)
772-10 and ________ (insert whether the measure passed or failed).".
773-11 The public question must appear on the ballot in the form approved by
774-12 the county election board. If the political subdivision proposing to issue
775-13 bonds or enter into a lease is located in more than one (1) county, the
776-14 county election board of each county shall jointly approve the form of
777-15 the public question that will appear on the ballot in each county. The
778-16 form approved by the county election board may differ from the
779-17 language certified to the county election board by the county auditor.
780-18 If the county election board approves the language of a public question
781-19 under this subsection, the county election board shall submit the
782-20 language and the certification of the county auditor described in
783-21 subsection (p) to the department of local government finance for
784-22 review.
785-23 (d) The department of local government finance shall review the
786-24 language of the public question to evaluate whether the description of
787-25 the controlled project is accurate and is not biased against either a vote
788-26 in favor of the controlled project or a vote against the controlled
789-27 project. The department of local government finance shall post the
790-28 estimated average percentage of property tax increases to be paid to a
791-29 political subdivision on a residence and business property that are
792-30 certified by the county auditor under subsection (p) on the department's
793-31 Internet web site. website. The department of local government finance
794-32 may either approve the ballot language as submitted or recommend that
795-33 the ballot language be modified as necessary to ensure that the
796-34 description of the controlled project is accurate and is not biased. The
797-35 department of local government finance shall certify its approval or
798-36 recommendations to the county auditor and the county election board
799-37 not more than ten (10) days after the language of the public question is
800-38 submitted to the department for review. If the department of local
801-39 government finance recommends a modification to the ballot language,
802-40 the county election board shall, after reviewing the recommendations
803-41 of the department of local government finance, submit modified ballot
804-42 language to the department for the department's approval or
805-SB 224—LS 7130/DI 144 19
806-1 recommendation of any additional modifications. The public question
807-2 may not be certified by the county auditor under subsection (e) unless
808-3 the department of local government finance has first certified the
809-4 department's final approval of the ballot language for the public
810-5 question.
811-6 (e) The county auditor shall certify the finally approved public
812-7 question under IC 3-10-9-3 to the county election board of each county
813-8 in which the political subdivision is located. The certification must
814-9 occur not later than noon:
815-10 (1) seventy-four (74) days before a primary election if the public
816-11 question is to be placed on the primary or municipal primary
817-12 election ballot; or
818-13 (2) August 1 if the public question is to be placed on the general
819-14 or municipal election ballot.
820-15 Subject to the certification requirements and deadlines under this
821-16 subsection and except as provided in subsection (j), the public question
822-17 shall, as permitted under IC 3-10-9-3 for the county in which the
823-18 political subdivision is located, be placed on the ballot at the next
824-19 primary election, general election, or municipal election in which all
825-20 voters of the political subdivision are entitled to vote. However, if a
826-21 primary election, general election, or municipal election will not be
827-22 held during the first year in which the public question is eligible to be
828-23 placed on the ballot under this section and if the political subdivision
829-24 requests the public question to be placed on the ballot at a special
830-25 election, the public question shall, if permitted under IC 3-10-9-3 for
831-26 the county in which the political subdivision is located, be placed on
832-27 the ballot at a special election to be held on the first Tuesday after the
833-28 first Monday in May or November of the year. The certification must
834-29 occur not later than noon seventy-four (74) days before a special
835-30 election to be held in May (if the special election is to be held in May)
836-31 or noon on August 1 (if the special election is to be held in November).
837-32 The fiscal body of the political subdivision that requests the special
838-33 election shall pay the costs of holding the special election. The county
839-34 election board shall give notice under IC 5-3-1 of a special election
840-35 conducted under this subsection. A special election conducted under
841-36 this subsection is under the direction of the county election board. The
842-37 county election board shall take all steps necessary to carry out the
843-38 special election.
844-39 (f) The circuit court clerk shall certify the results of the public
845-40 question to the following:
846-41 (1) The county auditor of each county in which the political
847-42 subdivision is located.
848-SB 224—LS 7130/DI 144 20
849-1 (2) The department of local government finance.
850-2 (g) Subject to the requirements of IC 6-1.1-18.5-8, the political
851-3 subdivision may issue the proposed bonds or enter into the proposed
852-4 lease rental if a majority of the eligible voters voting on the public
853-5 question vote in favor of the public question.
854-6 (h) If a majority of the eligible voters voting on the public question
855-7 vote in opposition to the public question, both of the following apply:
856-8 (1) The political subdivision may not issue the proposed bonds or
857-9 enter into the proposed lease rental.
858-10 (2) Another public question under this section on the same or a
859-11 substantially similar project may not be submitted to the voters
860-12 earlier than:
861-13 (A) except as provided in clause (B), seven hundred (700)
862-14 days after the date of the public question; or
863-15 (B) three hundred fifty (350) days after the date of the election,
864-16 if a petition that meets the requirements of subsection (m) is
865-17 submitted to the county auditor.
866-18 (i) IC 3, to the extent not inconsistent with this section, applies to an
867-19 election held under this section.
868-20 (j) A political subdivision may not divide a controlled project in
869-21 order to avoid the requirements of this section and section 3.5 of this
870-22 chapter. A person that owns property within a political subdivision or
871-23 a person that is a registered voter residing within a political subdivision
872-24 may file a petition with the department of local government finance
873-25 objecting that the political subdivision has divided a controlled project
874-26 into two (2) or more capital projects in order to avoid the requirements
875-27 of this section and section 3.5 of this chapter. The petition must be filed
876-28 not more than ten (10) days after the political subdivision gives notice
877-29 of the political subdivision's decision under section 3.5 of this chapter
878-30 or a determination under section 5 of this chapter to issue bonds or
879-31 enter into leases for a capital project that the person believes is the
880-32 result of a division of a controlled project that is prohibited by this
881-33 subsection. If the department of local government finance receives a
882-34 petition under this subsection, the department shall not later than thirty
883-35 (30) days after receiving the petition make a final determination on the
884-36 issue of whether the political subdivision divided a controlled project
885-37 in order to avoid the requirements of this section and section 3.5 of this
886-38 chapter. If the department of local government finance determines that
887-39 a political subdivision divided a controlled project in order to avoid the
888-40 requirements of this section and section 3.5 of this chapter and the
889-41 political subdivision continues to desire to proceed with the project, the
890-42 political subdivision may appeal the determination of the department
891-SB 224—LS 7130/DI 144 21
892-1 of local government finance to the Indiana board of tax review. A
893-2 political subdivision shall be considered to have divided a capital
894-3 project in order to avoid the requirements of this section and section
895-4 3.5 of this chapter if the result of one (1) or more of the subprojects
896-5 cannot reasonably be considered an independently desirable end in
897-6 itself without reference to another capital project. This subsection does
898-7 not prohibit a political subdivision from undertaking a series of capital
899-8 projects in which the result of each capital project can reasonably be
900-9 considered an independently desirable end in itself without reference
901-10 to another capital project.
902-11 (k) This subsection applies to a political subdivision for which a
903-12 petition requesting a public question has been submitted under section
904-13 3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
905-14 the political subdivision may adopt a resolution to withdraw a
906-15 controlled project from consideration in a public question. If the
907-16 legislative body provides a certified copy of the resolution to the county
908-17 auditor and the county election board not later than sixty-three (63)
909-18 days before the election at which the public question would be on the
910-19 ballot, the public question on the controlled project shall not be placed
911-20 on the ballot and the public question on the controlled project shall not
912-21 be held, regardless of whether the county auditor has certified the
913-22 public question to the county election board. If the withdrawal of a
914-23 public question under this subsection requires the county election
915-24 board to reprint ballots, the political subdivision withdrawing the
916-25 public question shall pay the costs of reprinting the ballots. If a political
917-26 subdivision withdraws a public question under this subsection that
918-27 would have been held at a special election and the county election
919-28 board has printed the ballots before the legislative body of the political
920-29 subdivision provides a certified copy of the withdrawal resolution to
921-30 the county auditor and the county election board, the political
922-31 subdivision withdrawing the public question shall pay the costs
923-32 incurred by the county in printing the ballots. If a public question on a
924-33 controlled project is withdrawn under this subsection, a public question
925-34 under this section on the same controlled project or a substantially
926-35 similar controlled project may not be submitted to the voters earlier
927-36 than three hundred fifty (350) days after the date the resolution
928-37 withdrawing the public question is adopted.
929-38 (l) If a public question regarding a controlled project is placed on
930-39 the ballot to be voted on at an election under this section, the political
931-40 subdivision shall submit to the department of local government finance,
932-41 at least thirty (30) days before the election, the following information
933-42 regarding the proposed controlled project for posting on the
934-SB 224—LS 7130/DI 144 22
935-1 department's Internet web site: website:
936-2 (1) The cost per square foot of any buildings being constructed as
937-3 part of the controlled project.
938-4 (2) The effect that approval of the controlled project would have
939-5 on the political subdivision's property tax rate.
940-6 (3) The maximum term of the bonds or lease.
941-7 (4) The maximum principal amount of the bonds or the maximum
942-8 lease rental for the lease.
943-9 (5) The estimated interest rates that will be paid and the total
944-10 interest costs associated with the bonds or lease.
945-11 (6) The purpose of the bonds or lease.
946-12 (7) In the case of a controlled project proposed by a school
947-13 corporation:
948-14 (A) the current and proposed square footage of school building
949-15 space per student;
950-16 (B) enrollment patterns within the school corporation; and
951-17 (C) the age and condition of the current school facilities.
952-18 (m) If a majority of the eligible voters voting on the public question
953-19 vote in opposition to the public question, a petition may be submitted
954-20 to the county auditor to request that the limit under subsection
955-21 (h)(2)(B) apply to the holding of a subsequent public question by the
956-22 political subdivision. If such a petition is submitted to the county
957-23 auditor and is signed by the lesser of:
958-24 (1) five hundred (500) persons who are either owners of property
959-25 within the political subdivision or registered voters residing
960-26 within the political subdivision; or
961-27 (2) five percent (5%) of the registered voters residing within the
962-28 political subdivision;
963-29 the limit under subsection (h)(2)(B) applies to the holding of a second
964-30 public question by the political subdivision and the limit under
965-31 subsection (h)(2)(A) does not apply to the holding of a second public
966-32 question by the political subdivision.
967-33 (n) At the request of a political subdivision that proposes to impose
968-34 property taxes to pay debt service on bonds or lease rentals on a lease
969-35 for a controlled project, the county auditor of a county in which the
970-36 political subdivision is located shall determine the estimated average
971-37 percentage of property tax increase on a homestead to be paid to the
972-38 political subdivision that must be included in the public question under
973-39 subsection (c) as follows:
974-40 STEP ONE: Determine the average assessed value of a homestead
975-41 located within the political subdivision.
976-42 STEP TWO: For purposes of determining the net assessed value
977-SB 224—LS 7130/DI 144 23
978-1 of the average homestead located within the political subdivision,
979-2 subtract:
980-3 (A) an amount for the homestead standard deduction under
981-4 IC 6-1.1-12-37 as if the homestead described in STEP ONE
982-5 was eligible for the deduction; and
983-6 (B) an amount for the supplemental homestead deduction
984-7 under IC 6-1.1-12-37.5 as if the homestead described in STEP
985-8 ONE was eligible for the deduction;
986-9 from the result of STEP ONE.
987-10 STEP THREE: Divide the result of STEP TWO by one hundred
988-11 (100).
989-12 STEP FOUR: Determine the overall average tax rate per one
990-13 hundred dollars ($100) of assessed valuation for the current year
991-14 imposed on property located within the political subdivision.
992-15 STEP FIVE: For purposes of determining net property tax liability
993-16 of the average homestead located within the political subdivision:
994-17 (A) multiply the result of STEP THREE by the result of STEP
995-18 FOUR; and
996-19 (B) as appropriate, apply any currently applicable county
997-20 property tax credit rates and the credit for excessive property
998-21 taxes under IC 6-1.1-20.6-7.5(a)(1).
999-22 STEP SIX: Determine the amount of the political subdivision's
1000-23 part of the result determined in STEP FIVE.
1001-24 STEP SEVEN: Determine the estimated tax rate that will be
1002-25 imposed if the public question is approved by the voters.
1003-26 STEP EIGHT: Multiply the result of STEP SEVEN by the result
1004-27 of STEP THREE.
1005-28 STEP NINE: Divide the result of STEP EIGHT by the result of
1006-29 STEP SIX, expressed as a percentage.
1007-30 (o) At the request of a political subdivision that proposes to impose
1008-31 property taxes to pay debt service on bonds or lease rentals on a lease
1009-32 for a controlled project, the county auditor of a county in which the
1010-33 political subdivision is located shall determine the estimated average
1011-34 percentage of property tax increase on a business property to be paid
1012-35 to the political subdivision that must be included in the public question
1013-36 under subsection (c) as follows:
1014-37 STEP ONE: Determine the average assessed value of business
1015-38 property located within the political subdivision.
1016-39 STEP TWO: Divide the result of STEP ONE by one hundred
1017-40 (100).
1018-41 STEP THREE: Determine the overall average tax rate per one
1019-42 hundred dollars ($100) of assessed valuation for the current year
1020-SB 224—LS 7130/DI 144 24
1021-1 imposed on property located within the political subdivision.
1022-2 STEP FOUR: For purposes of determining net property tax
1023-3 liability of the average business property located within the
1024-4 political subdivision:
1025-5 (A) multiply the result of STEP TWO by the result of STEP
1026-6 THREE; and
1027-7 (B) as appropriate, apply any currently applicable county
1028-8 property tax credit rates and the credit for excessive property
1029-9 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
1030-10 was three percent (3%).
1031-11 STEP FIVE: Determine the amount of the political subdivision's
1032-12 part of the result determined in STEP FOUR.
1033-13 STEP SIX: Determine the estimated tax rate that will be imposed
1034-14 if the public question is approved by the voters.
1035-15 STEP SEVEN: Multiply the result of STEP TWO by the result of
1036-16 STEP SIX.
1552+21 (e) If the legislative body receives a petition described in subsection
1553+22 (d) in the proper form, the legislative body shall submit the following
1554+23 public question to the registered voters of the municipality at the next
1555+24 election permitted under IC 3-10-9-3(a) in the form prescribed by
1556+25 IC 3-10-9-4:
1557+26 "Shall the municipally owned utility be taken out of the
1558+27 jurisdiction of the Indiana utility regulatory commission for the
1559+28 approval of rates and charges and of the issuance of stocks, bonds,
1560+29 notes, or other evidence of indebtedness?".
1561+30 The legislative body shall mail written notice of the referendum public
1562+31 question to the commission at least ten (10) days before the date of the
1563+32 election.
1564+33 (f) If a majority of those voting on the question described in
1565+34 subsection (e) favor taking the municipally owned utility out of the
1566+35 jurisdiction of the commission, the utility is removed from the
1567+36 jurisdiction of the commission for approval of rates and charges and of
1568+37 the issuance of stocks, bonds, notes, or other evidences of
1569+38 indebtedness.
1570+39 (g) If the legislative body receives a petition in proper form under
1571+40 subsection (d), the ordinance does not take effect until after removal is
1572+41 approved by a majority of those voting. If a majority of those voting
1573+42 vote against removal, the utility remains under the jurisdiction of the
1574+SB 224—LS 7130/DI 144 37
1575+1 commission and the ordinance does not take effect.
1576+2 (h) In addition to the notice required by subsection (b), if the
1577+3 municipal legislative body adopts the ordinance, described in
1578+4 subsection (b), the municipal legislative body shall mail written notice
1579+5 of the withdrawal from commission jurisdiction to the commission
1580+6 within thirty (30) days after the ordinance becomes effective.
1581+7 (i) Notwithstanding this section or section 9 of this chapter, the
1582+8 commission may require a municipally owned utility that generates
1583+9 electric power to provide information to the permanent forecasting
1584+10 group under IC 8-1-8.5-3.5.
1585+11 (j) This section does not affect the obligations of a municipally
1586+12 owned utility under IC 8-1-2.3, IC 8-1-8.5, IC 8-1-22.5, or
1587+13 IC 8-1.5-3-14.
1588+14 (k) Notwithstanding subsection (a) and the procedure set forth in
1589+15 section 9 of this chapter, if a city adopts an ordinance under this section
1590+16 before January 1, 2013, to remove the city's municipally owned electric
1591+17 utility from the jurisdiction of the commission for the approval of rates
1592+18 and charges and of the issuance of stocks, bonds, notes, or other
1593+19 evidence of indebtedness, the removal of the city's municipally owned
1594+20 electric utility from the commission's jurisdiction for the approval of
1595+21 rates and charges and of the issuance of stocks, bonds, notes, or other
1596+22 evidence of indebtedness is effective for all purposes and is legalized
1597+23 and validated.
1598+24 SECTION 36. IC 8-1.5-3-9.5 IS AMENDED TO READ AS
1599+25 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9.5. (a) This
1600+26 section applies to municipally owned utilities that are withdrawn from
1601+27 commission jurisdiction under section 9 of this chapter, including a
1602+28 municipally owned utility described in section 9(a) of this chapter.
1603+29 (b) A municipal legislative body that wants to return a municipally
1604+30 owned utility to the jurisdiction of the commission for approval of rates
1605+31 and charges and of the issuance of stocks, bonds, notes, or other
1606+32 evidence of indebtedness may submit the following public question to
1607+33 the registered voters of the municipality at the next election permitted
1608+34 under IC 3-10-9-3(a) in the form prescribed by IC 3-10-9-4:
1609+35 "Shall the municipally owned utility be returned to the jurisdiction
1610+36 of the utility regulatory commission for approval of rates and
1611+37 charges and of the issuance of stocks, bonds, notes, or other
1612+38 evidence of indebtedness?".
1613+39 (c) A municipal legislative body shall certify the public question to
1614+40 the county election board of the county that contains the greatest
1615+41 percentage of population of the municipality under IC 3-10-9-3. The
1616+42 county election board shall submit the question under subsection (b) if
1617+SB 224—LS 7130/DI 144 38
1618+1 it receives a petition that:
1619+2 (1) is signed by at least the number of the registered voters of the
1620+3 municipality required under IC 3-8-6-3 to place a candidate on the
1621+4 ballot; and
1622+5 (2) requests that the municipally owned utility be returned to the
1623+6 jurisdiction of the commission for approval of rates and charges
1624+7 and of the issuance of stocks, bonds, notes, or other evidence of
1625+8 indebtedness.
1626+9 (d) If a majority of those voting favor returning the municipally
1627+10 owned utility to the jurisdiction of the commission, the utility is
1628+11 returned to the jurisdiction of the commission for approval of rates and
1629+12 charges and of the issuance of stocks, bonds, notes, or other evidence
1630+13 of indebtedness. If a majority of those voting disapprove of returning
1631+14 the municipally owned utility to the jurisdiction of the commission, an
1632+15 election may not be conducted on the public question of returning to
1633+16 the jurisdiction of the commission for four (4) years from the date of
1634+17 the last election on that public question.
1635+18 (e) The public question of returning to the jurisdiction of the
1636+19 commission may not be submitted to the registered voters of the
1637+20 municipality at an election conducted within four (4) years after the
1638+21 date the municipally owned utility was last withdrawn from
1639+22 commission jurisdiction.
1640+23 (f) If a municipally owned utility is returned to the jurisdiction of the
1641+24 commission under this section, the municipal legislative body shall
1642+25 mail written notice to the commission.
1643+26 SECTION 37. IC 8-1.5-3-9.6 IS AMENDED TO READ AS
1644+27 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9.6. (a) This
1645+28 section applies to municipally owned utilities that are withdrawn from
1646+29 commission jurisdiction under section 9.1 of this chapter.
1647+30 (b) The municipal legislative body may adopt an ordinance
1648+31 returning the municipally owned utility to the jurisdiction of the
1649+32 commission for the approval of rates and charges and of the issuance
1650+33 of stocks, bonds, notes, or other evidence of indebtedness if it receives
1651+34 a petition:
1652+35 (1) that is signed by at least the number of the registered voters of
1653+36 the municipality required under IC 3-8-6-3 to place a candidate on
1654+37 the ballot; and
1655+38 (2) that requests the legislative body to adopt an ordinance
1656+39 returning the municipally owned utility to the jurisdiction of the
1657+40 commission.
1658+41 If the municipal legislative body fails to adopt an ordinance under this
1659+42 subsection within ninety (90) days after receipt of the petition, a
1660+SB 224—LS 7130/DI 144 39
1661+1 petition requesting the adoption of an ordinance to return to
1662+2 commission jurisdiction may not be submitted for four (4) years from
1663+3 the date the last petition was submitted under this subsection.
1664+4 (c) If the municipal legislative body fails to adopt the ordinance
1665+5 described in subsection (b) within ninety (90) days after receipt of the
1666+6 petition, the public question of the return to commission jurisdiction
1667+7 shall be submitted to the registered voters of the municipality if the
1668+8 legislative body receives a second petition:
1669+9 (1) that is signed by at least the number of the registered voters of
1670+10 the municipality required under IC 3-8-6-3 to place a candidate on
1671+11 the ballot;
1672+12 (2) that requests the legislative body to submit the question of the
1673+13 return to commission jurisdiction to the registered voters of the
1674+14 municipality at the next election permitted under
1675+15 IC 3-10-9-3(a); and
1676+16 (3) that is submitted to the legislative body after the expiration of
1677+17 the ninety (90) day period described in this subsection.
1678+18 The municipal legislative body shall certify the public question
1679+19 described in subsection (d) to the county election board of the county
1680+20 that contains the greatest percentage of population of the municipality
1681+21 under IC 3-10-9-3.
1682+22 (d) If the legislative body receives a petition described in subsection
1683+23 (c) in the proper form, the legislative body shall submit the following
1684+24 public question to the registered voters of the municipality at the next
1685+25 election permitted under IC 3-10-9-3(a) in the form prescribed by
1686+26 IC 3-10-9-4:
1687+27 "Shall the municipally owned utility be returned to the jurisdiction
1688+28 of the utility regulatory commission for the approval of rates and
1689+29 charges and of the issuance of stocks, bonds, notes, or other
1690+30 evidence of indebtedness?".
1691+31 The legislative body shall mail written notice of the referendum public
1692+32 question to the commission at least ten (10) days before the date of the
1693+33 election.
1694+34 (e) If a majority of those voting on the question described in
1695+35 subsection (d) favor returning the municipally owned utility to the
1696+36 jurisdiction of the commission, the utility is returned to the jurisdiction
1697+37 of the commission for approval of rates and charges and of the issuance
1698+38 of stocks, bonds, notes, or other evidence of indebtedness. If a majority
1699+39 of those voting disapprove of returning the municipally owned utility
1700+40 to the jurisdiction of the commission, an election may not be conducted
1701+41 on the public question of returning to the jurisdiction of the
1702+42 commission for four (4) years from the date of the last election on that
1703+SB 224—LS 7130/DI 144 40
1704+1 public question.
1705+2 (f) The public question of returning to the jurisdiction of the
1706+3 commission may not be submitted to the registered voters of the
1707+4 municipality at an election conducted within four (4) years after the
1708+5 date the municipally owned utility was last withdrawn from
1709+6 commission jurisdiction. In addition, a petition requesting the adoption
1710+7 of an ordinance under subsection (b) may not be submitted within four
1711+8 (4) years after the date the municipally owned utility was last
1712+9 withdrawn from commission jurisdiction.
1713+10 (g) If a municipally owned utility is returned to commission
1714+11 jurisdiction under this section, the municipal legislative body shall mail
1715+12 written notice to the commission.
1716+13 SECTION 38. IC 8-22-3-2 IS AMENDED TO READ AS
1717+14 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 2. (a) A
1718+15 remonstrance against the establishment of an authority may be made by
1719+16 petition of the registered voters of the district. The petition must be in
1720+17 writing, must bear the signature, date, and address of residence of the
1721+18 remonstrator, and must be filed in the office of the circuit court clerk
1722+19 of the county containing the greatest percentage of population of the
1723+20 district not later than thirty (30) days following the adoption of the
1724+21 ordinance. If at least the number of the registered voters of the district
1725+22 required under IC 3-8-6-3 to place a candidate on the ballot, as certified
1726+23 by the clerk, remonstrate, the clerk shall certify the question under
1727+24 IC 3-10-9 to the county election board of each county in which the
1728+25 district is located. The question of the establishment of an authority
1729+26 shall be submitted to the voters of the district at the next primary or
1730+27 general election at which the question can be placed on the ballot under
1731+28 IC 3-10-9-3. IC 3-10-9-3(a). The question shall be placed on the ballot
1732+29 in the form prescribed by IC 3-10-9-4 and must state: "Shall the airport
1733+30 authority be established?".
1734+31 (b) Upon certification by the clerk that a remonstrance was not filed
1735+32 by the required number of registered voters and in the time and manner
1736+33 provided, or that the question was submitted to the voters and received
1737+34 the affirmative vote of a majority of those voting upon the question, the
1738+35 authority is established effective as of the next January 1 or July 1
1739+36 following the certification, whichever date is earlier. The certification
1740+37 by the clerk shall be submitted to the fiscal body of each entity
1741+38 adopting the ordinance or resolution under section 1 of this chapter.
1742+39 SECTION 39. IC 20-23-4-21, AS AMENDED BY P.L.244-2017,
1743+40 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1744+41 JANUARY 1, 2024]: Sec. 21. (a) If the chairperson of the county
1745+42 committee does not receive the certification or combined certifications
1746+SB 224—LS 7130/DI 144 41
1747+1 under section 20(f) of this chapter not later than ninety (90) days after
1748+2 the receipt by the county committee of the plan referred to in section
1749+3 20(a) of this chapter, the judge of the circuit court of the county from
1750+4 which the county committee submitting the plan was appointed shall:
1751+5 (1) certify the public question under IC 3-10-9-3; and
1752+6 (2) order the county election board to conduct a special election
1753+7 in which place the public question on the ballot at the next
1754+8 election permitted under IC 3-10-9-3(a) at which registered
1755+9 voters residing in the proposed community school corporation
1756+10 may vote to determine whether the corporation will be created.
1757+11 (b) If:
1758+12 (1) a primary election at which county officials are nominated; or
1759+13 (2) a general election at which county officials are elected;
1760+14 and for which the question can be certified in compliance with
1761+15 IC 3-10-9-3 is to be held not later than six (6) months after the receipt
1762+16 by the chairperson of the county committee of the plan referred to in
1763+17 section 20(a) of this chapter, regardless of whether the ninety (90) day
1764+18 period referred to in subsection (a) has expired, the judge shall order
1765+19 the county election board to conduct the special election to be held in
1766+20 conjunction with the primary or general election.
1767+21 (c) If a primary or general election will not be held in the six (6)
1768+22 month period referred to in subsection (b), the special election shall be
1769+23 held:
1770+24 (1) not earlier than sixty (60) days; and
1771+25 (2) not later than one hundred twenty (120) days;
1772+26 after the expiration of the ninety (90) day period referred to in
1773+27 subsection (a).
1774+28 (d) (b) The county election board shall give notice under IC 5-3-1
1775+29 of the special election a public question referred to in subsection (a).
1776+30 (e) (c) The notice referred to in subsection (d) (b) of a special
1777+31 election public question must:
1778+32 (1) clearly state that the election is called to afford the registered
1779+33 voters an opportunity to approve or reject a proposal for the
1780+34 formation of a community school corporation;
1781+35 (2) contain:
1782+36 (A) a general description of the boundaries of the community
1783+37 school corporation as set out in the plan;
1784+38 (B) a statement of the terms of adjustment of:
1785+39 (i) property;
1786+40 (ii) assets;
1787+41 (iii) debts; and
1788+42 (iv) liabilities;
1789+SB 224—LS 7130/DI 144 42
1790+1 of an existing school corporation that is to be divided in the
1791+2 creation of the community school corporation;
1792+3 (C) the name of the community school corporation;
1793+4 (D) the number of members comprising the board of school
1794+5 trustees; and
1795+6 (E) the method of selecting the board of school trustees of the
1796+7 community school corporation; and
1797+8 (3) designate the date, time, and voting place or places at which
1798+9 the election will be held.
1799+10 (f) A special (d) An election referred to in at which a public
1800+11 question is submitted to the voters under subsection (a) is under the
1801+12 direction of the county election board in the county. The election board
1802+13 shall take all steps necessary to carry out the special election. If the
1803+14 special election is not conducted at a primary or general election, the
1804+15 cost of conducting the election is:
1805+16 (1) charged to each component school corporation embraced in
1806+17 the community school corporation in the same proportion as the
1807+18 component school corporation's assessed valuation is to the total
1808+19 assessed valuation of the community school corporation; and
1809+20 (2) paid:
1810+21 (A) from the school corporation's operations fund not
1811+22 otherwise appropriated of; and
1812+23 (B) without appropriation by;
1813+24 each component school corporation.
1814+25 If a component school corporation is to be divided and its territory
1815+26 assigned to two (2) or more community corporations, the component
1816+27 school corporation's cost of the special election is in proportion to the
1817+28 corporation's assessed valuation included in the community school
1818+29 corporation.
1819+30 (g) (e) The county election board shall place the public question on
1820+31 the ballot in the form prescribed by IC 3-10-9-4. The public question
1821+32 must state "Shall the (here insert name) community school corporation
1822+33 be formed as provided in the Reorganization Plan of the County
1823+34 Committee for the Reorganization of School Corporations?". Except as
1824+35 otherwise provided in this chapter, the election is governed by IC 3.
1825+36 (h) (f) If a majority of the votes cast at a special election referred to
1826+37 in subsection (a) on the public question are in favor of the formation of
1827+38 the corporation, a community school corporation is created and takes
1828+39 effect on the earlier of:
1829+40 (1) the July 1; or
1830+41 (2) the January 1
1831+42 that next follows the date of publication of the notice referred to in
1832+SB 224—LS 7130/DI 144 43
1833+1 subsection (d). following the election.
1834+2 (i) (g) If a public official fails to perform a duty required of the
1835+3 official under this section within the time prescribed in this section, the
1836+4 omission does not invalidate the proceedings taken under this section.
1837+5 (j) (h) An action:
1838+6 (1) to contest the validity of the formation or creation of a
1839+7 community school corporation under this section;
1840+8 (2) to declare that a community school corporation:
1841+9 (A) has not been validly formed or created; or
1842+10 (B) is not validly existing; or
1843+11 (3) to enjoin the operation of a community school corporation;
1844+12 may not be instituted later than thirty (30) days after the date of the
1845+13 special election referred to in subsection (a).
1846+14 SECTION 40. IC 20-23-4-23, AS ADDED BY P.L.1-2005,
1847+15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1848+16 JANUARY 1, 2024]: Sec. 23. (a) If a proposal for the formation of a
1849+17 community school corporation is rejected by the voters at the special
1850+18 election provided for in this chapter, the county committee shall:
1851+19 (1) subject to subsection (b), devise a new plan of reorganization
1852+20 considered more acceptable to the electors of the territory
1853+21 affected; or
1854+22 (2) subject to subsection (c), direct the county election board or
1855+23 boards to resubmit the same plan rejected by the voters.
1856+24 (b) The county committee shall submit a new plan devised under
1857+25 subsection (a)(1) to the state board for the state board's approval not
1858+26 later than six (6) months after the date of the special election at which
1859+27 the proposal was rejected, subject to the same conditions and
1860+28 requirements concerning extensions of time and other matters provided
1861+29 in this chapter. If the new plan is approved by the state board, the
1862+30 procedures of this chapter for the creation of a community school
1863+31 corporation must be followed.
1864+32 (c) The county committee may direct the county election board or
1865+33 boards to resubmit the plan referred to in subsection (a)(2) at a special
1866+34 election to be held not later than six (6) months after the special
1867+35 election at which the proposal was rejected. If a primary or general
1868+36 election for state offices is to be held not later than six (6) months after
1869+37 the special election at which the proposal was rejected, the special
1870+38 election must be held in conjunction with the primary or general
1871+39 election. the next election at which a public question may be placed
1872+40 on the ballot under IC 3-10-9-3(a). The judge of the circuit court
1873+41 shall give notice by publication of the special election on request of the
1874+42 county committee. The special election is held in the same manner
1875+SB 224—LS 7130/DI 144 44
1876+1 required for the holding of a special an election under section 21 of this
1877+2 chapter. Officials concerned shall take all actions necessary to conduct
1878+3 the special election as required under section 21 of this chapter.
1879+4 SECTION 41. IC 20-23-6-5, AS AMENDED BY P.L.152-2021,
1880+5 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1881+6 JANUARY 1, 2024]: Sec. 5. (a) If a petition is filed in one (1) or more
1882+7 of the school corporations protesting consolidation as provided in this
1883+8 chapter by the legal voters of any school corporation the governing
1884+9 body of which proposes to consolidate, the governing body in each
1885+10 school corporation in which a protest petition is filed shall certify the
1886+11 public question to each county election board of the county in which
1887+12 the school corporation is located. The county election board shall call
1888+13 an election of place a public question on the ballot at the next
1889+14 election permitted under IC 3-10-9-3(a) asking the voters of the
1890+15 school corporation to determine if a majority of the legal voters of the
1891+16 corporation is in favor of consolidating the school corporations.
1892+17 (b) If a protest is filed in more than one (1) school corporation, the
1893+18 elections shall be held on the same day. Each county election board
1894+19 shall give notice by publication once each week for two (2) consecutive
1895+20 weeks:
1896+21 (1) with each notice by publication in a newspaper of general
1897+22 circulation in the school corporation, or, if a newspaper is not
1898+23 published in the:
1899+24 (A) township;
1900+25 (B) town; or
1901+26 (C) city;
1902+27 the notice shall be published in the nearest newspaper published
1903+28 in the county or counties; or
1904+29 (2) with the first publication of notice in the newspaper or
1905+30 newspapers as provided in subdivision (1) and the second
1906+31 publication of notice:
1907+32 (A) in accordance with IC 5-3-5; and
1908+33 (B) on the official web site of the school corporation.
1909+34 Each notice shall state that on a day and at an hour to be named in the
1910+35 notice, the polls will be open at the usual voting places in the various
1911+36 precincts in the corporation for taking the vote of the legal a public
1912+37 question will be on the ballot asking the voters upon whether the
1913+38 school corporation shall be consolidated with the other school
1914+39 corporations joining in the resolution.
1915+40 (c) The public question shall be placed on the ballot in the form
1916+41 provided by IC 3-10-9-4 and must state: "Shall (insert name of school
1917+42 corporation) be consolidated with (insert names of other school
1918+SB 224—LS 7130/DI 144 45
1919+1 corporations)?".
1920+2 (d) (c) Notice shall be given not later than thirty (30) days after the
1921+3 petition is filed. The election shall be held not less than ten (10) days
1922+4 or more than twenty (20) days after the last publication of the notice.
1923+5 before the date of the election.
1924+6 (e) (d) The governing body of each school corporation in which an
1925+7 election is held is bound by the majority vote of those voting. However,
1926+8 if the election falls within a period of not more than six (6) months
1927+9 before a primary or general election, the election shall be held
1928+10 concurrently with the primary or general election if the public question
1929+11 is certified to the county election board not later than the deadline set
1930+12 forth in IC 3-10-9-3.
1931+13 (f) (e) If a majority of those voting in any one (1) school corporation
1932+14 votes against the plan of consolidation, the plan fails. However, the
1933+15 failure does not prevent any or all the school corporations from taking
1934+16 further initial action for the consolidation of school corporations under
1935+17 this chapter.
1936+18 SECTION 42. IC 20-23-6-6, AS AMENDED BY P.L.43-2021,
1937+19 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1938+20 JANUARY 1, 2024]: Sec. 6. (a) On the day and hour named in the
1939+21 notice filed under section 5 of this chapter, polls shall be opened and
1940+22 the votes of the registered voters shall be taken upon the public
1941+23 question of consolidating school corporations. The election at which
1942+24 the public question is placed on the ballot under section 5 of this
1943+25 chapter shall be governed by IC 3, except as provided in this chapter.
1944+26 (b) The county election board shall conduct the election. The public
1945+27 question shall be placed on the ballot in the form prescribed by
1946+28 IC 3-10-9-4 and must state "Shall (here insert the names of the school
1947+29 corporations that the resolution proposes to consolidate) be
1948+30 consolidated into a consolidated school corporation?".
1949+31 (c) A brief statement of the provisions in the resolution for
1950+32 appointment or election of a governing body may be placed on the
1951+33 ballot in the form prescribed by IC 3-10-9-4. A certificate of the votes
1952+34 cast for and against the consolidation of the school corporations shall
1953+35 be filed with:
1954+36 (1) the governing body of the school corporations subject to the
1955+37 election;
1956+38 (2) the secretary of education; and
1957+39 (3) the county recorder of each county in which a consolidated
1958+40 school corporation is located;
1959+41 together with a copy of the resolution.
1960+42 (d) If a majority of the votes cast at each of the elections is in favor
1961+SB 224—LS 7130/DI 144 46
1962+1 of the consolidation of two (2) or more school corporations, the trustees
1963+2 of the school corporations shall proceed to consolidate the schools and
1964+3 provide the necessary buildings and equipment. In any school
1965+4 corporation where a petition was not filed and an election was not held,
1966+5 the failure on the part of the voters to file a petition for an election shall
1967+6 be considered to give the consent of the voters of the school
1968+7 corporation to the consolidation as set out in the resolution.
1969+8 (e) If the special election is not conducted at a primary or general
1970+9 election, the expense of the election shall be borne by the school
1971+10 corporation or each of the school corporations subject to the election
1972+11 and shall be paid out of the school corporation's operations fund.
1973+12 SECTION 43. IC 20-23-7-2, AS AMENDED BY P.L.244-2017,
1974+13 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1975+14 JANUARY 1, 2024]: Sec. 2. (a) In any county or adjoining counties at
1976+15 least two (2) school corporations, including school towns, school cities,
1977+16 consolidated school corporations, joint schools, metropolitan school
1978+17 districts, township school districts, or community school corporations,
1979+18 regardless of whether the consolidating school corporations are of the
1980+19 same or of a different character, may consolidate into one (1)
1981+20 metropolitan school district. Subject to subsection (h), the
1982+21 consolidation must be initiated by following either of the following
1983+22 procedures:
1984+23 (1) The board of school trustees, board of education, or other
1985+24 governing body (the board or other governing body is referred to
1986+25 elsewhere in this section as the "governing body") of each school
1987+26 corporation to be consolidated shall:
1988+27 (A) adopt substantially identical resolutions providing for the
1989+28 consolidation; and
1990+29 (B) publish a notice setting out the text of the resolution one
1991+30 (1) time under IC 5-3-1.
1992+31 The resolution must set forth any provision for staggering the
1993+32 terms of the board members of the metropolitan school district
1994+33 elected under this chapter. If, not more than thirty (30) days after
1995+34 publication of the resolution, a petition of protest, signed by at
1996+35 least twenty percent (20%) of the registered voters residing in the
1997+36 school corporation is filed with the clerk of the circuit court of
1998+37 each county where the voters who are eligible to sign the petition
1999+38 reside, a referendum election shall be held as provided in
2000+39 subsection (c).
2001+40 (2) Instead of the adoption of substantially identical resolutions in
2002+41 each of the proposed consolidating school corporations under
2003+42 subdivision (1), a referendum election under subsection (c) shall
2004+SB 224—LS 7130/DI 144 47
2005+1 be held on the occurrence of all of the following:
2006+2 (A) At least twenty percent (20%) of the registered voters
2007+3 residing in a particular school corporation sign a petition
2008+4 requesting that the school corporation consolidate with another
2009+5 school corporation (referred to in this subsection as "the
2010+6 responding school corporation").
2011+7 (B) The petition described in clause (A) is filed with the clerk
2012+8 of the circuit court of each county where the voters who are
2013+9 eligible to sign the petition reside.
2014+10 (C) Not more than thirty (30) days after the service of the
2015+11 petition by the clerk of the circuit court to the governing body
2016+12 of the responding school corporation under subsection (b) and
2017+13 the certification of signatures on the petition occurs under
2018+14 subsection (b), the governing body of the responding school
2019+15 corporation adopts a resolution approving the petition and
2020+16 providing for the consolidation.
2021+17 (D) An approving resolution has the same effect as the
2022+18 substantially identical resolutions adopted by the governing
2023+19 bodies under subdivision (1), and the governing bodies shall
2024+20 publish the notice provided under subdivision (1) not more
2025+21 than fifteen (15) days after the approving resolution is adopted.
2026+22 However, if a governing body that is a party to the
2027+23 consolidation fails to publish notice within the required fifteen
2028+24 (15) day time period, a referendum election still must be held
2029+25 as provided in subsection (c).
2030+26 If the governing body of the responding school corporation does
2031+27 not act on the petition within the thirty (30) day period described
2032+28 in clause (C), the governing body's inaction constitutes a
2033+29 disapproval of the petition request. If the governing body of the
2034+30 responding school corporation adopts a resolution disapproving
2035+31 the petition or fails to act within the thirty (30) day period, a
2036+32 referendum election as described in subsection (c) may not be
2037+33 held and the petition requesting the consolidation is defeated.
2038+34 (b) Any petition of protest under subsection (a)(1) or a petition
2039+35 requesting consolidation under subsection (a)(2) must show in the
2040+36 petition the date on which each person has signed the petition and the
2041+37 person's residence on that date. The petition may be executed in several
2042+38 counterparts, the total of which constitutes the petition. Each
2043+39 counterpart must contain the names of voters residing within a single
2044+40 county and shall be filed with the clerk of the circuit court of the
2045+41 county. Each counterpart must have attached to it the affidavit of the
2046+42 person circulating the counterpart that each signature appearing on the
2047+SB 224—LS 7130/DI 144 48
2048+1 counterpart was affixed in that person's presence and is the true and
2049+2 lawful signature of each person who made the signature. Any signer
2050+3 may file the petition or any counterpart of the petition. Each signer on
2051+4 the petition may before and may not after the filing with the clerk
2052+5 withdraw the signer's name from the petition. A name may not be
2053+6 added to the petition after the petition has been filed with the clerk.
2054+7 After the receipt of any counterpart of the petition, each circuit court
2055+8 clerk shall certify:
2056+9 (1) the number of persons signing the counterpart;
2057+10 (2) the number of persons who are registered voters residing
2058+11 within that part of the school corporation located within the
2059+12 clerk's county, as disclosed by the voter registration records in the
2060+13 office of the clerk or the board of registration of the county, or
2061+14 wherever registration records may be kept;
2062+15 (3) the total number of registered voters residing within the
2063+16 boundaries of that part of the school corporation located within
2064+17 the county, as disclosed in the voter registration records; and
2065+18 (4) the date of the filing of the petition.
2066+19 Certification shall be made by each clerk of the circuit court not more
2067+20 than thirty (30) days after the filing of the petition, excluding from the
2068+21 calculation of the period any time during which the registration records
2069+22 are unavailable to the clerk, or within any additional time as is
2070+23 reasonably necessary to permit the clerk to make the certification. In
2071+24 certifying the number of registered voters, the clerk of the circuit court
2072+25 shall disregard any signature on the petition not made within the ninety
2073+26 (90) days immediately before the filing of the petition with the clerk as
2074+27 shown by the dates set out in the petition. The clerk of the circuit court
2075+28 shall establish a record of the certification in the clerk's office and shall
2076+29 serve the original petition and a copy of the certification on the county
2077+30 election board under IC 3-10-9-3 and the governing bodies of each
2078+31 affected school corporation. Service shall be made by mail or manual
2079+32 delivery to the governing bodies, to any officer of the governing bodies,
2080+33 or to the administrative office of the governing bodies, if any, and shall
2081+34 be made for all purposes of this section on the day of the mailing or the
2082+35 date of the manual delivery.
2083+36 (c) The county election board in each county where the proposed
2084+37 metropolitan school district is located, acting jointly where the
2085+38 proposed metropolitan school district is created and where it is located
2086+39 in more than one (1) county, shall cause any referendum an election
2087+40 required under either subsection (a)(1) or (a)(2) to be held in the entire
2088+41 proposed metropolitan district at a special the next election permitted
2089+42 under IC 3-10-9-3(a). The special election shall be not less than sixty
2090+SB 224—LS 7130/DI 144 49
2091+1 (60) days and not more than ninety (90) days after the service of the
2092+2 petition of protest and certification by each clerk of the circuit court
2093+3 under subsection (a)(1) or (a)(2) or after the occurrence of the first
2094+4 action requiring a referendum under subsection (a)(2). However, if a
2095+5 primary or general election at which county officials are to be
2096+6 nominated or elected, or at which city or town officials are to be elected
2097+7 in those areas of the proposed metropolitan school district that are
2098+8 within the city or town, is to be held after the sixty (60) days and not
2099+9 more than six (6) months after the service or the occurrence of the first
2100+10 action, each election board may hold the referendum election with the
2101+11 primary or general election.
2102+12 (d) Notice of the special election shall be given by each election
2103+13 board by publication under IC 5-3-1.
2104+14 (e) Except where it conflicts with this section or cannot be
2105+15 practicably applied, IC 3 applies to the conduct of the referendum
2106+16 election. If the referendum election is not conducted at a primary or
2107+17 general election, the cost of conducting the election shall be charged to
2108+18 each component school corporation included in the proposed
2109+19 metropolitan school district in the same proportion as its assessed
2110+20 valuation bears to the total assessed valuation of the proposed
2111+21 metropolitan school district and shall be paid from the operations fund
2112+22 of each component school corporation not otherwise appropriated,
2113+23 without appropriation.
2114+24 (f) The question in the referendum election shall be placed on the
2115+25 ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
2116+26 school corporations of _________ be formed into one (1) metropolitan
2117+27 school district under IC 20-23-7?" (in which blanks the respective
2118+28 name of the school districts concerned will be inserted).
2119+29 (g) If:
2120+30 (1) a protest petition with the required signatures is not filed after
2121+31 the adoption of substantially identical resolutions of the governing
2122+32 bodies providing for or approving the consolidation as described
2123+33 in subsection (a)(1); or
2124+34 (2) a referendum election occurs in the entire proposed
2125+35 metropolitan district and a majority of the voters in each proposed
2126+36 consolidating school corporation vote in the affirmative;
2127+37 a metropolitan school district is created and comes into existence in the
2128+38 territory subject to the provisions and under the conditions described
2129+39 in this chapter. The boundaries include all of the territory within the
2130+40 school corporations, and it shall be known as "Metropolitan School
2131+41 District of _______, Indiana" (the name of the district concerned will
2132+42 be inserted in the blank). The name of the district shall be decided by
2133+SB 224—LS 7130/DI 144 50
2134+1 a majority vote of the metropolitan governing board of the metropolitan
2135+2 school district at the first meeting. The metropolitan governing board
2136+3 of the new metropolitan school district shall be composed and elected
2137+4 under this chapter. The failure of any public official or body to perform
2138+5 any duty within the time provided in this chapter does not invalidate
2139+6 any proceedings taken by that official or body, but this provision shall
2140+7 not be construed to authorize a delay in the holding of a referendum
2141+8 election under this chapter.
2142+9 (h) If the governing body of a school corporation is involved in a
2143+10 consolidation proposal under subsection (a)(1) or (a)(2) that fails to
2144+11 result in a consolidation, the:
2145+12 (1) governing body of the school corporation may not initiate a
2146+13 subsequent consolidation with another school corporation under
2147+14 subsection (a)(1); and
2148+15 (2) residents of the school corporation may not file a petition
2149+16 requesting a consolidation with another school corporation under
2150+17 subsection (a)(2);
2151+18 for one (1) year after the date on which the prior consolidation proposal
2152+19 failed.
2153+20 SECTION 44. IC 20-23-8-14, AS ADDED BY P.L.1-2005,
2154+21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2155+22 JANUARY 1, 2024]: Sec. 14. (a) Not more than ten (10) days after a
2156+23 governing body has:
2157+24 (1) initiated;
2158+25 (2) approved; or
2159+26 (3) disapproved;
2160+27 a plan initiated by the petition filed with it, the governing body shall
2161+28 publish a notice one (1) time in a newspaper of general circulation in
2162+29 the county of the school corporation. If a newspaper of general
2163+30 circulation is not published in the county of the school corporation, the
2164+31 governing body shall publish a notice one (1) time in a newspaper of
2165+32 general circulation published in a county adjoining the county of the
2166+33 school corporation.
2167+34 (b) The notice must set out the text of a plan initiated by the
2168+35 governing body or another plan filed with the governing body before
2169+36 the preparation of the notice. The notice must also state the right of a
2170+37 voter, as provided in this section, to file a petition for alternative plans
2171+38 or a petition protesting the adoption of a plan or plans to which the
2172+39 notice relates.
2173+40 (c) If the governing body fails to publish a notice required by this
2174+41 section, the governing body shall, not more than five (5) days after the
2175+42 expiration of the ten (10) day period for publication of notice under this
2176+SB 224—LS 7130/DI 144 51
2177+1 section, submit the petition that has been filed with the clerk to the
2178+2 state board, whether or not the plan contained in the petition or the
2179+3 petition meets the requirements of this chapter.
2180+4 (d) Not later than one hundred twenty (120) days after the
2181+5 publication of the notice, voters of the school corporation may file with
2182+6 the clerk a petition protesting a plan initiated or approved by the
2183+7 governing body or a petition submitting an alternative plan as follows:
2184+8 (1) A petition protesting a plan shall be signed by at least twenty
2185+9 percent (20%) of the voters of the school corporation or five
2186+10 hundred (500) voters of the school corporation, whichever is less.
2187+11 (2) A petition submitting an alternative plan shall be signed by at
2188+12 least twenty percent (20%) of the voters of the school corporation.
2189+13 A petition filed under this subsection shall be certified by the clerk and
2190+14 shall be filed with the governing body in the same manner as is
2191+15 provided for a petition in section 11 of this chapter.
2192+16 (e) The governing body or the voters may not initiate or file
2193+17 additional plans until the plans that were published in the notice or
2194+18 submitted as alternative plans not later than one hundred twenty (120)
2195+19 days after the publication of the notice have been disposed of by:
2196+20 (1) adoption;
2197+21 (2) defeat at a special an election held under section 16 of this
2198+22 chapter; or
2199+23 (3) combination with another plan by the state board under
2200+24 section 15 of this chapter.
2201+25 SECTION 45. IC 20-23-8-16, AS ADDED BY P.L.1-2005,
2202+26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2203+27 JANUARY 1, 2024]: Sec. 16. (a) If:
2204+28 (1) the governing body has disapproved a plan submitted;
2205+29 (2) an alternative plan has been filed; or
2206+30 (3) a petition of protest has been filed;
2207+31 the county election board shall hold a special an election at a on the
2208+32 next date permitted under IC 3-10-9-3(a). to be determined by the
2209+33 county election board not more than ninety (90) days after the receipt
2210+34 of the determination of the state board on a plan in the form certified
2211+35 by the state board.
2212+36 (b) If a special election under subsection (a) can be held not more
2213+37 than six (6) months after the receipt of the determination from the state
2214+38 board in conjunction with a primary or general election at which:
2215+39 (1) county officials are to be elected or nominated; or
2216+40 (2) city or town officials are to be elected in those areas of the
2217+41 school corporations that are within the city or town;
2218+42 the county election board may delay the special election until the date
2219+SB 224—LS 7130/DI 144 52
2220+1 of the regular election.
2221+2 (c) (b) If a school corporation is located in more than one (1)
2222+3 county, the county election board of the county containing the greatest
2223+4 percentage of population of the school corporation shall determine the
2224+5 date of an election held under this section.
2225+6 SECTION 46. IC 20-23-8-18, AS AMENDED BY P.L.244-2017,
2226+7 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2227+8 JANUARY 1, 2024]: Sec. 18. (a) The county election board shall give
2228+9 notice of an election under section 16 of this chapter after receiving the
2229+10 form of notice and ballot from the clerk. The county election board
2230+11 shall publish notice one (1) time in two (2) newspapers of general
2231+12 circulation in the school corporation, or if only one (1) newspaper is of
2232+13 general circulation, then in that newspaper. The publication may not be
2233+14 made less than ten (10) days nor more than forty-five (45) days before
2234+15 the election. Any other notice of the election or requirement for the
2235+16 time of printing ballots, whether prescribed by IC 3 or otherwise, is not
2236+17 required to be given or observed. A person may not vote at the special
2237+18 election unless the person is then qualified as a registered voter.
2238+19 (b) IC 3 applies to the conduct of an election under this chapter,
2239+20 except if the provisions of this chapter are in conflict with provisions
2240+21 of IC 3 or if IC 3 cannot be practicably applied.
2241+22 (c) If the special election is not conducted at a primary or general
2242+23 election, the school corporation shall pay the cost of conducting the
2243+24 election from the school corporation's operations fund not otherwise
2244+25 appropriated without appropriation.
2245+26 SECTION 47. IC 20-23-8-19, AS ADDED BY P.L.1-2005,
2246+27 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2247+28 JANUARY 1, 2024]: Sec. 19. (a) A plan shall be adopted in the
2248+29 following circumstances:
2249+30 (1) At the expiration of one hundred twenty (120) days after the
2250+31 publication of notice by the governing body if:
2251+32 (A) the governing body has initiated or approved the plan;
2252+33 (B) a petition has not been filed either protesting the plan or
2253+34 setting forth an alternative plan; and
2254+35 (C) the state board has reviewed and certified the plan.
2255+36 (2) If only one (1) plan is on the ballot and it receives more
2256+37 affirmative than negative votes, the plan is adopted at the
2257+38 expiration of thirty (30) days following the special election.
2258+39 (3) If more than one (1) plan is on the ballot, the plan receiving
2259+40 the most votes is adopted at the expiration of thirty (30) days after
2260+41 the special election.
2261+42 (b) The plan is effective:
2262+SB 224—LS 7130/DI 144 53
2263+1 (1) at the time provided in the plan; or
2264+2 (2) if a time is not provided or if the time provided is inapplicable
2265+3 due to the lapse of time of the proceedings under this chapter,
2266+4 either on the January 1 or July 1 following the time of adoption of
2267+5 the plan.
2268+6 SECTION 48. IC 20-23-8-25 IS REPEALED [EFFECTIVE
2269+7 JANUARY 1, 2024]. Sec. 25. (a) In implementing a plan adopted
2270+8 under this chapter, requiring the holding of a special election, the
2271+9 county election board, or county election boards in the case of a
2272+10 multicounty school corporation, shall hold, manage, and supervise a
2273+11 special election.
2274+12 (b) The county election board shall pay the costs of a special
2275+13 election.
2276+14 (c) A school corporation shall reimburse the county election board
2277+15 from the school corporation's operations fund money not otherwise
2278+16 appropriated, without appropriation, if a special election occurs under
2279+17 this chapter.
2280+18 SECTION 49. IC 20-46-1-8, AS AMENDED BY P.L.174-2022,
2281+19 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2282+20 JANUARY 1, 2024]: Sec. 8. (a) Subject to subsections (c), (d), and (e)
2283+21 and this chapter, the governing body of a school corporation may adopt
2284+22 a resolution to place a referendum under this chapter on the ballot for
2285+23 any of the following purposes:
2286+24 (1) The governing body of the school corporation determines that
2287+25 it cannot, in a calendar year, carry out its public educational duty
2288+26 unless it imposes a referendum tax levy under this chapter.
2289+27 (2) The governing body of the school corporation determines that
2290+28 a referendum tax levy under this chapter should be imposed to
2291+29 replace property tax revenue that the school corporation will not
2292+30 receive because of the application of the credit under
2293+31 IC 6-1.1-20.6.
2294+32 (3) The governing body makes the determination required under
2295+33 subdivision (1) or (2) and determines to share a portion of the
2296+34 referendum proceeds with a charter school, excluding a virtual
2297+35 charter school, in the manner prescribed in subsection (d).
2298+36 (b) The governing body of the school corporation shall certify a
2299+37 copy of the resolution to place a referendum on the ballot to the
2300+38 following:
2301+39 (1) The department of local government finance, including:
2302+40 (A) the language for the question required by section 10 of this
2303+41 chapter, or in the case of a resolution to extend a referendum
2304+42 levy certified to the department of local government finance
2305+SB 224—LS 7130/DI 144 54
2306+1 after March 15, 2016, section 10.1 of this chapter; and
2307+2 (B) a copy of the revenue spending plan adopted under
2308+3 subsection (e).
2309+4 The language of the public question must include the estimated
2310+5 average percentage increases certified by the county auditor under
2311+6 section 10(e) or 10.1(f) of this chapter, as applicable. The
2312+7 governing body of the school corporation shall also provide the
2313+8 county auditor's certification described in section 10(e) or 10.1(f)
2314+9 of this chapter, as applicable. The department of local government
2315+10 finance shall post the values certified by the county auditor to the
2316+11 department's Internet web site. The department shall review the
2317+12 language for compliance with section 10 or 10.1 of this chapter,
2318+13 whichever is applicable, and either approve or reject the language.
2319+14 The department shall send its decision to the governing body of
2320+15 the school corporation not more than ten (10) days after the
2321+16 resolution is submitted to the department. If the language is
2322+17 approved, the governing body of the school corporation shall
2323+18 certify a copy of the resolution, including the language for the
2324+19 question and the department's approval.
2325+20 (2) The county fiscal body of each county in which the school
2326+21 corporation is located (for informational purposes only).
2327+22 (3) The circuit court clerk of each county in which the school
2328+23 corporation is located.
2329+24 (c) If a school safety referendum tax levy under IC 20-46-9 has been
2330+25 approved by the voters in a school corporation at any time in the
2331+26 previous three (3) years, the school corporation may not:
2332+27 (1) adopt a resolution to place a referendum under this chapter on
2333+28 the ballot; or
2334+29 (2) otherwise place a referendum under this chapter on the ballot.
2335+30 (d) The resolution described in subsection (a) must indicate whether
2336+31 proceeds in the school corporation's education fund collected from a
2337+32 tax levy under this chapter will be used to provide a distribution to a
2338+33 charter school or charter schools, excluding a virtual charter school,
2339+34 under IC 20-40-3-5 as well as the amount that will be distributed to the
2340+35 particular charter school or charter schools. A school corporation may
2341+36 request from the designated charter school or charter schools any
2342+37 financial documentation necessary to demonstrate the financial need of
2343+38 the charter school or charter schools.
2344+39 (e) As part of the resolution described in subsection (a), the
2345+40 governing body of the school corporation shall adopt a revenue
2346+41 spending plan for the proposed referendum tax levy that includes:
2347+42 (1) an estimate of the amount of annual revenue expected to be
2348+SB 224—LS 7130/DI 144 55
2349+1 collected if a levy is imposed under this chapter;
2350+2 (2) the specific purposes for which the revenue collected from a
2351+3 levy imposed under this chapter will be used; and
2352+4 (3) an estimate of the annual dollar amounts that will be expended
2353+5 for each purpose described in subdivision (2).
2354+6 (f) A school corporation shall specify in its proposed budget the
2355+7 school corporation's revenue spending plan adopted under subsection
2356+8 (e) and annually present the revenue spending plan at its public hearing
2357+9 on the proposed budget under IC 6-1.1-17-3.
2358+10 SECTION 50. IC 20-46-1-8.5, AS ADDED BY P.L.138-2016,
2359+11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2360+12 JANUARY 1, 2024]: Sec. 8.5. Subject to IC 20-46-1-14.5, a
2361+13 resolution to extend a referendum levy must be:
2362+14 (1) adopted by the governing body of a school corporation; and
2363+15 (2) approved in a referendum under this chapter;
2364+16 before December 31 of the final calendar year in which the school
2365+17 corporation's previously approved referendum levy is imposed under
2366+18 this chapter.
2367+19 SECTION 51. IC 20-46-1-10, AS AMENDED BY P.L.174-2022,
2368+20 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2369+21 JANUARY 1, 2024]: Sec. 10. (a) This section does not apply to a
2370+22 referendum on a resolution certified to the department of local
2371+23 government finance after March 15, 2016, to extend a referendum levy.
2372+24 (b) The question to be submitted to the voters in the referendum
2373+25 must read as follows:
2374+26 "Shall the school corporation increase property taxes paid to the
2375+27 school corporation by homeowners and businesses for _____
2376+28 (insert number of years) years immediately following the holding
2377+29 of the referendum for the purpose of funding ______ (insert short
2378+30 description of purposes)? If this public question is approved by
2379+31 the voters, the average property tax paid to the school corporation
2380+32 per year on a residence would increase by ______% (insert the
2381+33 estimated average percentage of property tax increase paid to the
2382+34 school corporation on a residence within the school corporation
2383+35 as determined under subsection (c)) and the average property tax
2384+36 paid to the school corporation per year on a business property
2385+37 would increase by ______% (insert the estimated average
2386+38 percentage of property tax increase paid to the school corporation
2387+39 on a business property within the school corporation as
2388+40 determined under subsection (d)). The most recent property tax
2389+41 referendum proposed by the school corporation was held in
2390+42 ______ (insert year) and ________ (insert whether the measure
2391+SB 224—LS 7130/DI 144 56
2392+1 passed or failed).".
2393+2 "For the _____ (insert number) calendar year or years
2394+3 immediately following the holding of the referendum, shall the
2395+4 school corporation impose a property tax that is in addition
2396+5 to all other property taxes imposed by the school corporation
2397+6 for the purpose of funding _____________ (insert short
2398+7 description of purposes) at a property tax rate that does not
2399+8 exceed the rate necessary to fund an annual property tax levy
2400+9 amount of __________ dollars (insert dollar amount)?
2401+10 If this public question is approved by the voters, the property
2402+11 tax paid annually for a median residence of __________
2403+12 (insert the political subdivision's median household assessed
2404+13 value) would increase _______ per year (insert dollar
2405+14 amount). The property tax paid annually for a business
2406+15 property would increase ____ per one hundred dollars ($100)
2407+16 of assessed value (insert dollar amount).
2408+17 (If, in the previous five (5) years, the school corporation has
2409+18 conducted a public question, the following shall be included in
2410+19 the ballot language.) The most recent property tax
2411+20 referendum proposed by the school corporation was held in
2412+21 ______ (insert year) and ________ (insert whether the
2413+22 measure passed or failed).".
2414+23 (c) At the request of the governing body of a school corporation that
2415+24 proposes to impose property taxes under this chapter, the county
2416+25 auditor of the county in which the school corporation is located shall
2417+26 determine the estimated average percentage of property tax increase on
2418+27 a homestead to be paid to the school corporation that must be included
2419+28 in the public question under subsection (b) as follows:
2420+29 STEP ONE: Determine the average assessed value of a homestead
2421+30 located within the school corporation.
2422+31 STEP TWO: For purposes of determining the net assessed value
2423+32 of the average homestead located within the school corporation,
2424+33 subtract:
2425+34 (A) an amount for the homestead standard deduction under
2426+35 IC 6-1.1-12-37 as if the homestead described in STEP ONE
2427+36 was eligible for the deduction; and
2428+37 (B) an amount for the supplemental homestead deduction
2429+38 under IC 6-1.1-12-37.5 as if the homestead described in STEP
2430+39 ONE was eligible for the deduction;
2431+40 from the result of STEP ONE.
2432+41 STEP THREE: Divide the result of STEP TWO by one hundred
2433+42 (100).
2434+SB 224—LS 7130/DI 144 57
2435+1 STEP FOUR: Determine the overall average tax rate per one
2436+2 hundred dollars ($100) of assessed valuation for the current year
2437+3 imposed on property located within the school corporation.
2438+4 STEP FIVE: For purposes of determining net property tax liability
2439+5 of the average homestead located within the school corporation:
2440+6 (A) multiply the result of STEP THREE by the result of STEP
2441+7 FOUR; and
2442+8 (B) as appropriate, apply any currently applicable county
2443+9 property tax credit rates and the credit for excessive property
2444+10 taxes under IC 6-1.1-20.6-7.5(a)(1).
2445+11 STEP SIX: Determine the amount of the school corporation's part
2446+12 of the result determined in STEP FIVE.
2447+13 STEP SEVEN: Multiply:
2448+14 (A) the tax rate that will be imposed if the public question is
2449+15 approved by the voters; by
2450+16 (B) the result of STEP THREE.
10372451 17 STEP EIGHT: Divide the result of STEP SEVEN by the result of
1038-18 STEP FIVE, expressed as a percentage.
1039-19 (p) The county auditor shall certify the estimated average
1040-20 percentage of property tax increase on a homestead to be paid to the
1041-21 political subdivision determined under subsection (n), and the
1042-22 estimated average percentage of property tax increase on a business
1043-23 property to be paid to the political subdivision determined under
1044-24 subsection (o), in a manner prescribed by the department of local
1045-25 government finance, and provide the certification to the political
1046-26 subdivision that proposes to impose property taxes. The political
1047-27 subdivision shall provide the certification to the county election board
1048-28 and include the estimated average percentages in the language of the
1049-29 public question at the time the language of the public question is
1050-30 submitted to the county election board for approval as described in
1051-31 subsection (c).
1052-32 SECTION 27. IC 8-1.5-2-5, AS AMENDED BY P.L.229-2019,
1053-33 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1054-34 JANUARY 1, 2024]: Sec. 5. (a) Each appraiser appointed as provided
1055-35 by section 4 of this chapter must:
1056-36 (1) by education and experience, have such expert and technical
1057-37 knowledge and qualifications as to make a proper appraisal and
1058-38 valuation of the property of the type and nature involved in the
1059-39 sale;
1060-40 (2) be a disinterested person; and
1061-41 (3) not be a resident or taxpayer of the municipality.
1062-42 (b) The appraisers shall:
1063-SB 224—LS 7130/DI 144 25
1064-1 (1) be sworn to make a just and true valuation of the property; and
1065-2 (2) return their appraisal, in writing, to the:
1066-3 (A) municipal legislative body; or
1067-4 (B) municipal executive;
1068-5 that appointed them within the time fixed in the writing
1069-6 appointing them under section 4 of this chapter.
1070-7 (c) If all three (3) appraisers cannot agree as to the appraised value,
1071-8 the appraisal, when signed by two (2) of the appraisers, constitutes a
1072-9 good and valid appraisal.
1073-10 (d) If, after the return of the appraisal by the appraisers, the
1074-11 legislative body and the municipal executive decide to proceed with the
1075-12 sale or disposition of the nonsurplus municipally owned utility
1076-13 property, the legislative body shall, not earlier than the thirty (30) day
1077-14 period described in subsection (e) and not later than one hundred
1078-15 eighty (180) days after the return of the appraisal, hold a public hearing
1079-16 to do the following:
1080-17 (1) Review and explain the appraisal.
1081-18 (2) Receive public comment on the proposed sale or disposition
1082-19 of the nonsurplus municipally owned utility property.
1083-20 Not less than thirty (30) days or more than sixty (60) days after the date
1084-21 of a hearing under this section, the legislative body may adopt an
1085-22 ordinance providing for the sale or disposition of the nonsurplus
1086-23 municipally owned utility property, subject to subsections (f) and (g)
1087-24 and, in the case of an ordinance adopted under this subsection after
1088-25 March 28, 2016, subject to section 6.1 of this chapter. The legislative
1089-26 body is not required to adopt an ordinance providing for the sale or
1090-27 disposition of the nonsurplus municipally owned utility property if,
1091-28 after the hearing, the legislative body determines it is not in the interest
1092-29 of the municipality to proceed with the sale or disposition. Notice of a
1093-30 hearing under this section shall be published in the manner prescribed
1094-31 by IC 5-3-1.
1095-32 (e) The hearing on the proposed sale or disposition of the
1096-33 nonsurplus municipally owned utility property may not be held less
1097-34 than thirty (30) days after notice of the hearing is given as required by
1098-35 subsection (d).
1099-36 (f) Subject to subsection (j), an ordinance adopted under subsection
1100-37 (d) does not take effect until the latest of the following:
1101-38 (1) The expiration of the thirty (30) day period described in
1102-39 subsection (g), if the question as to whether the sale or disposition
1103-40 should be made is not submitted to the voters of the municipality
1104-41 under subsection (g).
1105-42 (2) If:
1106-SB 224—LS 7130/DI 144 26
1107-1 (A) the question as to whether the sale or disposition shall be
1108-2 made is submitted to the voters of the municipality under
1109-3 subsection (g); and
1110-4 (B) a majority of the voters voting on the question vote for the
1111-5 sale or disposition;
1112-6 at such time that the vote is determined to be final.
1113-7 (3) The effective date specified by the legislative body in the
1114-8 ordinance.
1115-9 (g) Subject to subsection (m) and to section 6.1 of this chapter in the
1116-10 case of an ordinance adopted under subsection (d) after March 28,
1117-11 2016, if:
1118-12 (1) the legislative body adopts an ordinance under subsection (d);
1119-13 and
1120-14 (2) not later than thirty (30) days after the date the ordinance is
1121-15 adopted at least the number of the registered voters of the
1122-16 municipality set forth in subsection (h) sign and present a petition
1123-17 to the legislative body opposing the sale or disposition;
1124-18 the legislative body shall submit the question as to whether the sale or
1125-19 disposition shall be made to the voters of the municipality at a special
1126-20 or general election, as permitted under IC 3-10-9-3 for the county
1127-21 in which the municipality is located. In submitting the public
1128-22 question to the voters, the legislative body shall certify within the time
1129-23 set forth in IC 3-10-9-3, if applicable, the question to the county
1130-24 election board of the county containing the greatest percentage of
1131-25 population of the municipality. The county election board shall adopt
1132-26 a resolution setting forth the text of the public question and shall
1133-27 submit the question as to whether the sale or disposition shall be made
1134-28 to the voters of the municipality at a special or general election, as
1135-29 permitted under IC 3-10-9-3 for the county in which the
1136-30 municipality is located, on a date specified by the municipal
1137-31 legislative body. Pending the results of an election under this
1138-32 subsection, the municipality may not take further action to sell or
1139-33 dispose of the property as provided in the ordinance.
1140-34 (h) Subject to subsection (m) and to section 6.1 of this chapter in the
1141-35 case of an ordinance adopted under subsection (d) after March 28,
1142-36 2016, the number of signatures required on a petition opposing the sale
1143-37 or disposition under subsection (g) is as follows:
1144-38 (1) In a municipality with not more than one thousand (1,000)
1145-39 registered voters, thirty percent (30%) of the registered voters.
1146-40 (2) In a municipality with at least one thousand one (1,001)
1147-41 registered voters and not more than five thousand (5,000)
1148-42 registered voters, fifteen percent (15%) of the registered voters.
1149-SB 224—LS 7130/DI 144 27
1150-1 (3) In a municipality with at least five thousand one (5,001)
1151-2 registered voters and not more than twenty-five thousand (25,000)
1152-3 registered voters, ten percent (10%) of the registered voters.
1153-4 (4) In a municipality with at least twenty-five thousand one
1154-5 (25,001) registered voters, five percent (5%) of the registered
1155-6 voters.
1156-7 (i) If a majority of the voters voting on the question vote for the sale
1157-8 or disposition, the legislative body shall proceed to sell or dispose of
1158-9 the property as provided in the ordinance, subject to subsection (m) and
1159-10 to section 6.1 of this chapter in the case of an ordinance adopted under
1160-11 subsection (d) after March 28, 2016.
1161-12 (j) If a majority of the voters voting on the question vote against the
1162-13 sale or disposition, the ordinance adopted under subsection (d) does not
1163-14 take effect and the sale or disposition may not be made, subject to
1164-15 subsection (m) and to section 6.1 of this chapter in the case of an
1165-16 ordinance adopted under subsection (d) after March 28, 2016.
1166-17 (k) If:
1167-18 (1) the legislative body adopts an ordinance under subsection (d);
1168-19 and
1169-20 (2) after the expiration of the thirty (30) day period described in
1170-21 subsection (g), a petition is not filed;
1171-22 the municipal legislative body may proceed to sell the property as
1172-23 provided in the ordinance, subject to subsection (m) and to section 6.1
1173-24 of this chapter in the case of an ordinance adopted under subsection (d)
1174-25 after March 28, 2016.
1175-26 (l) Notwithstanding the procedures set forth in this section, if:
1176-27 (1) before July 1, 2015, a municipality adopts an ordinance under
1177-28 this section for the sale or disposition of nonsurplus municipally
1178-29 owned utility property in accordance with the procedures set forth
1179-30 in this section before its amendment on July 1, 2015; and
1180-31 (2) the ordinance adopted takes effect before July 1, 2015, in
1181-32 accordance with the procedures set forth in this section before its
1182-33 amendment on July 1, 2015;
1183-34 the ordinance is not subject to challenge under subsection (g) after June
1184-35 30, 2015, regardless of whether the thirty (30) day period described in
1185-36 subsection (g) expires after June 30, 2015. An ordinance described in
1186-37 this subsection is effective for all purposes and is legalized and
1187-38 validated.
1188-39 (m) Subsections (g) through (k) do not apply to an ordinance
1189-40 adopted under subsection (d) after March 28, 2016, if the commission
1190-41 determines, in reviewing the proposed sale or disposition under section
1191-42 6.1(h) of this chapter, that the factors set forth in IC 8-1-30.3-5(d) are
1192-SB 224—LS 7130/DI 144 28
1193-1 satisfied as applied to the proposed sale or disposition.
1194-2 SECTION 28. IC 8-1.5-2-6.1, AS AMENDED BY P.L.61-2022,
1195-3 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1196-4 JANUARY 1, 2024]: Sec. 6.1. (a) This section applies to a
1197-5 municipality that adopts an ordinance under section 5(d) of this chapter
1198-6 after March 28, 2016.
1199-7 (b) Before a municipality may proceed to sell or otherwise dispose
1200-8 of all or part of its nonsurplus utility property under an ordinance
1201-9 adopted under section 5(d) of this chapter, the municipality and the
1202-10 prospective purchaser must obtain the approval of the commission
1203-11 under this section.
1204-12 (c) As part of the sale or disposition of the property, the
1205-13 municipality and the prospective purchaser may include terms and
1206-14 conditions that the municipality and the prospective purchaser consider
1207-15 to be equitable to the existing utility customers of:
1208-16 (1) the municipality's municipally owned utility; and
1209-17 (2) the prospective purchaser;
1210-18 as applicable.
1211-19 (d) The commission shall approve the sale or disposition of the
1212-20 property according to the terms and conditions proposed by the
1213-21 municipality and the prospective purchaser if the commission finds that
1214-22 the sale or disposition according to the terms and conditions proposed
1215-23 is in the public interest. For purposes of this section, the purchase price
1216-24 of the municipality's nonsurplus utility property shall be considered
1217-25 reasonable if it does not exceed the appraised value set forth in the
1218-26 appraisal required under section 5 of this chapter.
1219-27 (e) The following apply to the commission's determination under
1220-28 subsection (d) as to whether the proposed sale or disposition according
1221-29 to the proposed terms and conditions is in the public interest:
1222-30 (1) If:
1223-31 (A) the prospective purchaser petitions the commission under
1224-32 IC 8-1-30.3-5(d); and
1225-33 (B) the commission approves the prospective purchaser's
1226-34 petition;
1227-35 the proposed sale or disposition is considered to be in the public
1228-36 interest.
1229-37 (2) If subdivision (1) does not apply and subject to subsection (h),
1230-38 the commission shall consider the extent to which the proposed
1231-39 terms and conditions of the proposed sale or disposition would
1232-40 require the existing utility customers of either the prospective
1233-41 purchaser or the municipality's municipally owned utility, as
1234-42 applicable, to pay rates that would subsidize utility service to the
1235-SB 224—LS 7130/DI 144 29
1236-1 other party's existing customers. For purposes of this subdivision,
1237-2 the proposed terms and conditions will not result in rates that
1238-3 would subsidize service to other customers if the amount to be
1239-4 recorded as net original cost under subsection (f) is not greater
1240-5 than two percent (2%) of the prospective purchaser's net original
1241-6 cost rate base as determined in the prospective purchaser's most
1242-7 recent general rate case, plus any adjustments to the rate base
1243-8 under IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate
1244-9 case. If the amount to be recorded is greater than two percent
1245-10 (2%), the commission shall proceed to determine whether:
1246-11 (A) the proposed terms and conditions would result in a
1247-12 subsidy described in this subdivision; and
1248-13 (B) the subsidy would cause the proposed terms and
1249-14 conditions of the proposed sale or disposition not to be in the
1250-15 public interest.
1251-16 The commission shall calculate the amount of the subsidy that
1252-17 would result and shall set forth in an order under this section such
1253-18 changes to the proposed terms and conditions as the commission
1254-19 considers appropriate to address the subsidy. The prospective
1255-20 purchaser and the municipality shall each have thirty (30) days
1256-21 from the date of the commission's order setting forth the
1257-22 commission's changes to either accept or reject the changes. If
1258-23 either party rejects the commission's changes, the proposed sale
1259-24 or disposition is considered not to be in the public interest.
1260-25 (3) In reviewing the proposed terms and conditions of the
1261-26 proposed sale or disposition under either subdivision (1) or (2),
1262-27 the commission shall consider the financial, managerial, and
1263-28 technical ability of the prospective purchaser to provide the utility
1264-29 service required after the proposed sale or disposition.
1265-30 (4) In reviewing the proposed terms and conditions of the
1266-31 proposed sale or disposition under either subdivision (1) or (2),
1267-32 the commission shall accept as reasonable the valuation of the
1268-33 nonsurplus utility property determined through an appraisal and
1269-34 review under section 5 of this chapter.
1270-35 (f) As part of an order approving a sale or disposition of property
1271-36 under this section, the commission shall, without regard to amounts
1272-37 that may be recorded on the books and records of the municipality and
1273-38 without regard to any grants or contributions previously received by the
1274-39 municipality, provide that for ratemaking purposes, the prospective
1275-40 purchaser shall record as the net original cost rate base an amount
1276-41 equal to:
1277-42 (1) the full purchase price;
1278-SB 224—LS 7130/DI 144 30
1279-1 (2) incidental expenses; and
1280-2 (3) other costs of acquisition;
1281-3 allocated in a reasonable manner among appropriate utility plant in
1282-4 service accounts.
1283-5 (g) The commission shall issue a final order under this section not
1284-6 later than two hundred ten (210) days after the filing of the parties' case
1285-7 in chief.
1286-8 (h) In reviewing a proposed sale or disposition under subsection (e),
1287-9 the commission shall determine whether the factors set forth in
1288-10 IC 8-1-30.3-5(d) are satisfied as applied to the proposed sale or
1289-11 disposition of the municipality's nonsurplus municipally owned utility
1290-12 property for purposes of section 5(m) of this chapter. If the commission
1291-13 determines that the factors set forth in IC 8-1-30.3-5(d):
1292-14 (1) are satisfied as applied to the proposed sale or disposition,
1293-15 section 5(g) through 5(k) of this chapter does not apply to the
1294-16 municipality's ordinance adopted under section 5(d) of this
1295-17 chapter; or
1296-18 (2) are not satisfied as applied to the proposed sale or disposition:
1297-19 (A) section 5(g) through 5(k) of this chapter applies to the
1298-20 municipality's ordinance adopted under section 5(d) of this
1299-21 chapter; and
1300-22 (B) the question as to whether the sale or disposition should be
1301-23 made must be submitted to the voters of the municipality at a
1302-24 special or general election, as permitted under IC 3-10-9-3
1303-25 for the county in which the municipality is located, if at
1304-26 least the number of the registered voters of the municipality set
1305-27 forth in section 5(h) of this chapter sign and present a petition
1306-28 to the legislative body opposing the sale or disposition, in
1307-29 accordance with section 5(g) through 5(k) of this chapter.
1308-30 However, notwithstanding this subsection, in reviewing a proposed sale
1309-31 or disposition under subsection (e)(2), the commission may not
1310-32 condition its approval of the proposed sale or disposition on whether
1311-33 the factors set forth in IC 8-1-30.3-5(d) are satisfied or on any other
1312-34 factors except those provided for in subsection (e)(2), (e)(3), and (e)(4).
1313-35 SECTION 29. IC 8-1.5-3-3, AS AMENDED BY P.L.164-2019,
1314-36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1315-37 JANUARY 1, 2024]: Sec. 3. (a) The legislative body of a municipality
1316-38 may, by ordinance, provide for the control of any or all of its
1317-39 municipally owned utilities by:
1318-40 (1) the municipal works board;
1319-41 (2) a board consisting of the members of the municipal legislative
1320-42 body;
1321-SB 224—LS 7130/DI 144 31
1322-1 (3) a utility service board established under subsection (f) or
1323-2 established before January 1, 1983, under IC 8-1-2-100
1324-3 (repealed); or
1325-4 (4) the board of directors of a department of waterworks
1326-5 established under IC 8-1.5-4.
1327-6 The legislative body of a third class city also may adopt an ordinance
1328-7 under this subsection to provide for the control of any or all of its storm
1329-8 water facilities by a board described in subdivisions (1) through (4). An
1330-9 ordinance granting control of any or all of a third class city's storm
1331-10 water facilities to a board described in this subsection may be separate
1332-11 from or combined with an ordinance granting control of the third class
1333-12 city's municipally owned utilities to a board described in this
1334-13 subsection.
1335-14 (b) If, at the time an ordinance is adopted under subsection (a) to
1336-15 grant control of any or all of a third class city's storm water facilities to
1337-16 a board described in subsection (a) the third class city has a department
1338-17 of storm water management under IC 8-1.5-5, the ordinance must
1339-18 specify a procedure for the transition of control of the affected storm
1340-19 water facilities from the board of directors of the department of storm
1341-20 water management to the board described in subsection (a).
1342-21 (c) The registered voters of a municipality may file a petition
1343-22 addressed to the legislative body requesting that the question of the
1344-23 creation of a utility service board be submitted to a referendum. public
1345-24 question. The petition must be signed by at least the number of the
1346-25 registered voters of the municipality required under IC 3-8-6-3 to place
1347-26 a candidate on the ballot.
1348-27 (d) Within thirty (30) days after a petition is filed, the municipal
1349-28 clerk shall certify to the legislative body and to the county election
1350-29 board that a sufficient petition has been filed.
1351-30 (e) Following certification, the legislative body shall submit the
1352-31 question of the creation of a utility service board to a referendum
1353-32 public question at the next election permitted under IC 3-10-9-3.
1354-33 The question shall be submitted to the registered voters of the
1355-34 municipality by placement on the ballot in the form prescribed by
1356-35 IC 3-10-9-4 and must state:
1357-36 "Shall the legislative body of the municipality of _____________
1358-37 adopt an ordinance providing for the appointment of a utility service
1359-38 board to operate ____________ (Insert name of utility here)?".
1360-39 (f) If a majority of the voters voting on the question vote for the
1361-40 creation of a utility service board, the legislative body shall, by
1362-41 ordinance, establish a utility service board consisting of not less than
1363-42 three (3) nor more than seven (7) members. All members must be
1364-SB 224—LS 7130/DI 144 32
1365-1 residents of the area served by the board. The ordinance must provide
1366-2 for:
1367-3 (1) a majority of the members to be appointed by the executive
1368-4 and a minority of the members to be appointed by the legislative
1369-5 body;
1370-6 (2) the terms of the members, which may not exceed four (4)
1371-7 years, with initial terms prescribed so that the members' terms will
1372-8 be staggered;
1373-9 (3) the salaries, if any, to be paid to the members; and
1374-10 (4) the selection by the board of a chairman, who shall not be
1375-11 considered the head of a department for purposes of IC 36-4-9-2.
1376-12 (g) The registered voters of the municipality may also file a petition
1377-13 requesting that the question of the abolition of the utility service board
1378-14 be submitted to a referendum. public question. The procedure for
1379-15 filing of the petition and the referendum public question is the same
1380-16 as that prescribed by subsections (c) through (e).
1381-17 SECTION 30. IC 8-1.5-3-9 IS AMENDED TO READ AS
1382-18 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9. (a) This
1383-19 subsection applies to a municipally owned utility that before June 1,
1384-20 1987, was taken out of the jurisdiction of the commission for the
1385-21 approval of rates and charges. A utility to which this subsection applies
1386-22 is removed from the jurisdiction of the commission for approval of the
1387-23 issuance of stocks, bonds, notes, or other evidence of indebtedness.
1388-24 (b) Except as provided in subsection (a), a municipal legislative
1389-25 body that wants to be taken out of the jurisdiction of the commission
1390-26 for approval of rates and charges and of the issuance of stocks, bonds,
1391-27 notes, or other evidence of indebtedness may submit the following
1392-28 public question to the registered voters of the municipality at the next
1393-29 election permitted under IC 3-10-9-3 in the form prescribed by
1394-30 IC 3-10-9-4:
1395-31 "Shall the municipally owned utility be taken out of the
1396-32 jurisdiction of the utility regulatory commission for approval of
1397-33 rates and charges and of the issuance of stocks, bonds, notes, or
1398-34 other evidence of indebtedness?".
1399-35 (c) A municipal legislative body shall certify the public question to
1400-36 the county election board of the county that contains the greatest
1401-37 percentage of population of the municipality under IC 3-10-9-3 and
1402-38 submit the question under subsection (b) if it receives a petition that:
1403-39 (1) is signed by at least the number of the registered voters of the
1404-40 municipality required under IC 3-8-6-3 to place a candidate on the
1405-41 ballot; and
1406-42 (2) requests that the municipally owned utility be removed from
1407-SB 224—LS 7130/DI 144 33
1408-1 the jurisdiction of the commission for approval of rates and
1409-2 charges and of the issuance of stocks, bonds, notes, or other
1410-3 evidence of indebtedness.
1411-4 (d) If a majority of those voting favor taking the municipally owned
1412-5 utility out of the jurisdiction of the commission, the utility:
1413-6 (1) is removed from the jurisdiction of the commission for
1414-7 approval of rates and charges and of the issuance of stocks, bonds,
1415-8 notes, or other evidence of indebtedness; and
1416-9 (2) shall mail written notice of the withdrawal from commission
1417-10 jurisdiction to the commission within thirty (30) days after the
1418-11 utility's withdrawal.
1419-12 SECTION 31. IC 8-1.5-3-9.1, AS AMENDED BY P.L.163-2013,
1420-13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1421-14 JANUARY 1, 2024]: Sec. 9.1. (a) This section applies to the following:
1422-15 (1) Water utilities that are owned or operated by second class
1423-16 cities.
1424-17 (2) Third class cities.
1425-18 (3) Towns.
1426-19 (b) In addition to section 9 of this chapter, a municipally owned
1427-20 utility to which this section applies may be removed from the
1428-21 jurisdiction of the commission for the approval of rates and charges and
1429-22 of the issuance of stocks, bonds, notes, or other evidence of
1430-23 indebtedness, if the municipal legislative body adopts an ordinance
1431-24 removing the utility from commission jurisdiction. The municipal
1432-25 legislative body shall, at least thirty (30) days before the final vote on
1433-26 the ordinance, mail written notice of the meeting to all ratepayers of the
1434-27 utility and to the commission. For a second class city the municipal
1435-28 legislative body must hold two (2) public meetings before the final vote
1436-29 on an ordinance removing the utility from commission jurisdiction may
1437-30 be adopted. An explanation of the removal process must be provided
1438-31 at each public meeting under this section. Each public meeting must be
1439-32 held in a different location.
1440-33 (c) The ordinance described in subsection (b) takes effect sixty (60)
1441-34 days after adoption by the municipal legislative body.
1442-35 (d) The question of removal from commission jurisdiction shall be
1443-36 submitted to the registered voters of the municipality if, within the sixty
1444-37 (60) day period described in subsection (c), the legislative body
1445-38 receives a petition:
1446-39 (1) that is signed by at least the number of the registered voters of
1447-40 the municipality required under IC 3-8-6-3 to place a candidate on
1448-41 the ballot; and
1449-42 (2) that requests the legislative body to submit the question of
1450-SB 224—LS 7130/DI 144 34
1451-1 removal from commission jurisdiction to the registered voters of
1452-2 the municipality at the next election permitted under
1453-3 IC 3-10-9-3.
1454-4 The municipal legislative body shall certify the public question in
1455-5 subsection (e) to the county election board of the county that contains
1456-6 the greatest percentage of population of the municipality under
1457-7 IC 3-10-9-3.
1458-8 (e) If the legislative body receives a petition described in subsection
1459-9 (d) in the proper form, the legislative body shall submit the following
1460-10 public question to the registered voters of the municipality at the next
1461-11 election permitted under IC 3-10-9-3 in the form prescribed by
1462-12 IC 3-10-9-4:
1463-13 "Shall the municipally owned utility be taken out of the
1464-14 jurisdiction of the Indiana utility regulatory commission for the
1465-15 approval of rates and charges and of the issuance of stocks, bonds,
1466-16 notes, or other evidence of indebtedness?".
1467-17 The legislative body shall mail written notice of the referendum public
1468-18 question to the commission at least ten (10) days before the date of the
1469-19 election.
1470-20 (f) If a majority of those voting on the question described in
1471-21 subsection (e) favor taking the municipally owned utility out of the
1472-22 jurisdiction of the commission, the utility is removed from the
1473-23 jurisdiction of the commission for approval of rates and charges and of
1474-24 the issuance of stocks, bonds, notes, or other evidences of
1475-25 indebtedness.
1476-26 (g) If the legislative body receives a petition in proper form under
1477-27 subsection (d), the ordinance does not take effect until after removal is
1478-28 approved by a majority of those voting. If a majority of those voting
1479-29 vote against removal, the utility remains under the jurisdiction of the
1480-30 commission and the ordinance does not take effect.
1481-31 (h) In addition to the notice required by subsection (b), if the
1482-32 municipal legislative body adopts the ordinance, described in
1483-33 subsection (b), the municipal legislative body shall mail written notice
1484-34 of the withdrawal from commission jurisdiction to the commission
1485-35 within thirty (30) days after the ordinance becomes effective.
1486-36 (i) Notwithstanding this section or section 9 of this chapter, the
1487-37 commission may require a municipally owned utility that generates
1488-38 electric power to provide information to the permanent forecasting
1489-39 group under IC 8-1-8.5-3.5.
1490-40 (j) This section does not affect the obligations of a municipally
1491-41 owned utility under IC 8-1-2.3, IC 8-1-8.5, IC 8-1-22.5, or
1492-42 IC 8-1.5-3-14.
1493-SB 224—LS 7130/DI 144 35
1494-1 (k) Notwithstanding subsection (a) and the procedure set forth in
1495-2 section 9 of this chapter, if a city adopts an ordinance under this section
1496-3 before January 1, 2013, to remove the city's municipally owned electric
1497-4 utility from the jurisdiction of the commission for the approval of rates
1498-5 and charges and of the issuance of stocks, bonds, notes, or other
1499-6 evidence of indebtedness, the removal of the city's municipally owned
1500-7 electric utility from the commission's jurisdiction for the approval of
1501-8 rates and charges and of the issuance of stocks, bonds, notes, or other
1502-9 evidence of indebtedness is effective for all purposes and is legalized
1503-10 and validated.
1504-11 SECTION 32. IC 8-1.5-3-9.5 IS AMENDED TO READ AS
1505-12 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9.5. (a) This
1506-13 section applies to municipally owned utilities that are withdrawn from
1507-14 commission jurisdiction under section 9 of this chapter, including a
1508-15 municipally owned utility described in section 9(a) of this chapter.
1509-16 (b) A municipal legislative body that wants to return a municipally
1510-17 owned utility to the jurisdiction of the commission for approval of rates
1511-18 and charges and of the issuance of stocks, bonds, notes, or other
1512-19 evidence of indebtedness may submit the following public question to
1513-20 the registered voters of the municipality at the next election permitted
1514-21 under IC 3-10-9-3 in the form prescribed by IC 3-10-9-4:
1515-22 "Shall the municipally owned utility be returned to the jurisdiction
1516-23 of the utility regulatory commission for approval of rates and
1517-24 charges and of the issuance of stocks, bonds, notes, or other
1518-25 evidence of indebtedness?".
1519-26 (c) A municipal legislative body shall certify the public question to
1520-27 the county election board of the county that contains the greatest
1521-28 percentage of population of the municipality under IC 3-10-9-3. The
1522-29 county election board shall submit the question under subsection (b) if
1523-30 it receives a petition that:
1524-31 (1) is signed by at least the number of the registered voters of the
1525-32 municipality required under IC 3-8-6-3 to place a candidate on the
1526-33 ballot; and
1527-34 (2) requests that the municipally owned utility be returned to the
1528-35 jurisdiction of the commission for approval of rates and charges
1529-36 and of the issuance of stocks, bonds, notes, or other evidence of
1530-37 indebtedness.
1531-38 (d) If a majority of those voting favor returning the municipally
1532-39 owned utility to the jurisdiction of the commission, the utility is
1533-40 returned to the jurisdiction of the commission for approval of rates and
1534-41 charges and of the issuance of stocks, bonds, notes, or other evidence
1535-42 of indebtedness. If a majority of those voting disapprove of returning
1536-SB 224—LS 7130/DI 144 36
1537-1 the municipally owned utility to the jurisdiction of the commission, an
1538-2 election may not be conducted on the public question of returning to
1539-3 the jurisdiction of the commission for four (4) years from the date of
1540-4 the last election on that public question.
1541-5 (e) The public question of returning to the jurisdiction of the
1542-6 commission may not be submitted to the registered voters of the
1543-7 municipality at an election conducted within four (4) years after the
1544-8 date the municipally owned utility was last withdrawn from
1545-9 commission jurisdiction.
1546-10 (f) If a municipally owned utility is returned to the jurisdiction of the
1547-11 commission under this section, the municipal legislative body shall
1548-12 mail written notice to the commission.
1549-13 SECTION 33. IC 8-1.5-3-9.6 IS AMENDED TO READ AS
1550-14 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9.6. (a) This
1551-15 section applies to municipally owned utilities that are withdrawn from
1552-16 commission jurisdiction under section 9.1 of this chapter.
1553-17 (b) The municipal legislative body may adopt an ordinance
1554-18 returning the municipally owned utility to the jurisdiction of the
1555-19 commission for the approval of rates and charges and of the issuance
1556-20 of stocks, bonds, notes, or other evidence of indebtedness if it receives
1557-21 a petition:
1558-22 (1) that is signed by at least the number of the registered voters of
1559-23 the municipality required under IC 3-8-6-3 to place a candidate on
1560-24 the ballot; and
1561-25 (2) that requests the legislative body to adopt an ordinance
1562-26 returning the municipally owned utility to the jurisdiction of the
1563-27 commission.
1564-28 If the municipal legislative body fails to adopt an ordinance under this
1565-29 subsection within ninety (90) days after receipt of the petition, a
1566-30 petition requesting the adoption of an ordinance to return to
1567-31 commission jurisdiction may not be submitted for four (4) years from
1568-32 the date the last petition was submitted under this subsection.
1569-33 (c) If the municipal legislative body fails to adopt the ordinance
1570-34 described in subsection (b) within ninety (90) days after receipt of the
1571-35 petition, the public question of the return to commission jurisdiction
1572-36 shall be submitted to the registered voters of the municipality if the
1573-37 legislative body receives a second petition:
1574-38 (1) that is signed by at least the number of the registered voters of
1575-39 the municipality required under IC 3-8-6-3 to place a candidate on
1576-40 the ballot;
1577-41 (2) that requests the legislative body to submit the question of the
1578-42 return to commission jurisdiction to the registered voters of the
1579-SB 224—LS 7130/DI 144 37
1580-1 municipality at the next election permitted under IC 3-10-9-3;
1581-2 and
1582-3 (3) that is submitted to the legislative body after the expiration of
1583-4 the ninety (90) day period described in this subsection.
1584-5 The municipal legislative body shall certify the public question
1585-6 described in subsection (d) to the county election board of the county
1586-7 that contains the greatest percentage of population of the municipality
1587-8 under IC 3-10-9-3.
1588-9 (d) If the legislative body receives a petition described in subsection
1589-10 (c) in the proper form, the legislative body shall submit the following
1590-11 public question to the registered voters of the municipality at the next
1591-12 election permitted under IC 3-10-9-3 in the form prescribed by
1592-13 IC 3-10-9-4:
1593-14 "Shall the municipally owned utility be returned to the jurisdiction
1594-15 of the utility regulatory commission for the approval of rates and
1595-16 charges and of the issuance of stocks, bonds, notes, or other
1596-17 evidence of indebtedness?".
1597-18 The legislative body shall mail written notice of the referendum public
1598-19 question to the commission at least ten (10) days before the date of the
1599-20 election.
1600-21 (e) If a majority of those voting on the question described in
1601-22 subsection (d) favor returning the municipally owned utility to the
1602-23 jurisdiction of the commission, the utility is returned to the jurisdiction
1603-24 of the commission for approval of rates and charges and of the issuance
1604-25 of stocks, bonds, notes, or other evidence of indebtedness. If a majority
1605-26 of those voting disapprove of returning the municipally owned utility
1606-27 to the jurisdiction of the commission, an election may not be conducted
1607-28 on the public question of returning to the jurisdiction of the
1608-29 commission for four (4) years from the date of the last election on that
1609-30 public question.
1610-31 (f) The public question of returning to the jurisdiction of the
1611-32 commission may not be submitted to the registered voters of the
1612-33 municipality at an election conducted within four (4) years after the
1613-34 date the municipally owned utility was last withdrawn from
1614-35 commission jurisdiction. In addition, a petition requesting the adoption
1615-36 of an ordinance under subsection (b) may not be submitted within four
1616-37 (4) years after the date the municipally owned utility was last
1617-38 withdrawn from commission jurisdiction.
1618-39 (g) If a municipally owned utility is returned to commission
1619-40 jurisdiction under this section, the municipal legislative body shall mail
1620-41 written notice to the commission.
1621-42 SECTION 34. IC 20-23-4-21, AS AMENDED BY P.L.244-2017,
1622-SB 224—LS 7130/DI 144 38
1623-1 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1624-2 JANUARY 1, 2024]: Sec. 21. (a) If the chairperson of the county
1625-3 committee does not receive the certification or combined certifications
1626-4 under section 20(f) of this chapter not later than ninety (90) days after
1627-5 the receipt by the county committee of the plan referred to in section
1628-6 20(a) of this chapter, the judge of the circuit court of the county from
1629-7 which the county committee submitting the plan was appointed shall:
1630-8 (1) certify the public question under IC 3-10-9-3; and
1631-9 (2) order the county election board to:
1632-10 (A) if permitted under IC 3-10-9-3 for the county, conduct
1633-11 a special election in which the; or
1634-12 (B) place the public question on the ballot at the next
1635-13 election permitted under IC 3-10-9-3 at which the;
1636-14 registered voters residing in the proposed community school
1637-15 corporation may vote to determine whether the corporation will be
1638-16 created.
1639-17 (b) This subsection applies to a county that is designated as a
1640-18 vote center county under IC 3-11-18.1. If:
1641-19 (1) a primary election at which county officials are nominated; or
1642-20 (2) a general election at which county officials are elected;
1643-21 and for which the question can be certified in compliance with
1644-22 IC 3-10-9-3 is to be held not later than six (6) months after the receipt
1645-23 by the chairperson of the county committee of the plan referred to in
1646-24 section 20(a) of this chapter, regardless of whether the ninety (90) day
1647-25 period referred to in subsection (a) has expired, the judge shall order
1648-26 the county election board to conduct the special election to be held in
1649-27 conjunction with the primary or general election.
1650-28 (c) This subsection applies to a county that is designated as a
1651-29 vote center county under IC 3-11-18.1. If a primary or general
1652-30 election will not be held in the six (6) month period referred to in
1653-31 subsection (b), the special election shall be held:
1654-32 (1) not earlier than sixty (60) days; and
1655-33 (2) not later than one hundred twenty (120) days;
1656-34 after the expiration of the ninety (90) day period referred to in
1657-35 subsection (a).
1658-36 (d) The county election board shall give notice under IC 5-3-1 of the
1659-37 special election a public question referred to in subsection (a).
1660-38 (e) The notice referred to in subsection (d) of a special election
1661-39 public question must:
1662-40 (1) clearly state that the election is called to afford the registered
1663-41 voters an opportunity to approve or reject a proposal for the
1664-42 formation of a community school corporation;
1665-SB 224—LS 7130/DI 144 39
1666-1 (2) contain:
1667-2 (A) a general description of the boundaries of the community
1668-3 school corporation as set out in the plan;
1669-4 (B) a statement of the terms of adjustment of:
1670-5 (i) property;
1671-6 (ii) assets;
1672-7 (iii) debts; and
1673-8 (iv) liabilities;
1674-9 of an existing school corporation that is to be divided in the
1675-10 creation of the community school corporation;
1676-11 (C) the name of the community school corporation;
1677-12 (D) the number of members comprising the board of school
1678-13 trustees; and
1679-14 (E) the method of selecting the board of school trustees of the
1680-15 community school corporation; and
1681-16 (3) designate the date, time, and voting place or places at which
1682-17 the election will be held.
1683-18 (f) A special An election referred to in at which a public question
1684-19 is submitted to the voters under subsection (a) is under the direction
1685-20 of the county election board in the county. If the public question is
1686-21 submitted to the voters at a special election, the election board shall
1687-22 take all steps necessary to carry out the special election. If the special
1688-23 election is not conducted at a primary or general election, the cost of
1689-24 conducting the election is:
1690-25 (1) charged to each component school corporation embraced in
1691-26 the community school corporation in the same proportion as the
1692-27 component school corporation's assessed valuation is to the total
1693-28 assessed valuation of the community school corporation; and
1694-29 (2) paid:
1695-30 (A) from the school corporation's operations fund not
1696-31 otherwise appropriated of; and
1697-32 (B) without appropriation by;
1698-33 each component school corporation.
1699-34 If a component school corporation is to be divided and its territory
1700-35 assigned to two (2) or more community corporations, the component
1701-36 school corporation's cost of the special election is in proportion to the
1702-37 corporation's assessed valuation included in the community school
1703-38 corporation.
1704-39 (g) The county election board shall place the public question on the
1705-40 ballot in the form prescribed by IC 3-10-9-4. The public question must
1706-41 state "Shall the (here insert name) community school corporation be
1707-42 formed as provided in the Reorganization Plan of the County
1708-SB 224—LS 7130/DI 144 40
1709-1 Committee for the Reorganization of School Corporations?". Except as
1710-2 otherwise provided in this chapter, the election is governed by IC 3.
1711-3 (h) If a majority of the votes cast at a special election referred to in
1712-4 subsection (a) on the public question are in favor of the formation of
1713-5 the corporation, a community school corporation is created and takes
1714-6 effect on the earlier of:
1715-7 (1) the July 1; or
1716-8 (2) the January 1;
1717-9 that next follows the date of publication of the notice referred to in
1718-10 subsection (d).
1719-11 (i) If a public official fails to perform a duty required of the official
1720-12 under this section within the time prescribed in this section, the
1721-13 omission does not invalidate the proceedings taken under this section.
1722-14 (j) An action:
1723-15 (1) to contest the validity of the formation or creation of a
1724-16 community school corporation under this section;
1725-17 (2) to declare that a community school corporation:
1726-18 (A) has not been validly formed or created; or
1727-19 (B) is not validly existing; or
1728-20 (3) to enjoin the operation of a community school corporation;
1729-21 may not be instituted later than thirty (30) days after the date of the
1730-22 special election referred to in subsection (a).
1731-23 SECTION 35. IC 20-23-4-23, AS ADDED BY P.L.1-2005,
1732-24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1733-25 JANUARY 1, 2024]: Sec. 23. (a) If a proposal for the formation of a
1734-26 community school corporation is rejected by the voters at the special
1735-27 election provided for in this chapter, the county committee shall:
1736-28 (1) subject to subsection (b), devise a new plan of reorganization
1737-29 considered more acceptable to the electors of the territory
1738-30 affected; or
1739-31 (2) subject to subsection (c), direct the county election board or
1740-32 boards to resubmit the same plan rejected by the voters.
1741-33 (b) The county committee shall submit a new plan devised under
1742-34 subsection (a)(1) to the state board for the state board's approval not
1743-35 later than six (6) months after the date of the special election at which
1744-36 the proposal was rejected, subject to the same conditions and
1745-37 requirements concerning extensions of time and other matters provided
1746-38 in this chapter. If the new plan is approved by the state board, the
1747-39 procedures of this chapter for the creation of a community school
1748-40 corporation must be followed.
1749-41 (c) This subsection applies to a county that is not designated as
1750-42 a vote center county under IC 3-11-18.1. The county committee may
1751-SB 224—LS 7130/DI 144 41
1752-1 direct the county election board or boards to resubmit the plan referred
1753-2 to in subsection (a)(2) at a special election to be held not later than six
1754-3 (6) months after the special election at which the proposal was rejected.
1755-4 If a primary or general election for state offices is to be held not later
1756-5 than six (6) months after the special election at which the proposal was
1757-6 rejected, the special election must be held in conjunction with the
1758-7 primary or general election. the next election at which a public
1759-8 question may be placed on the ballot under IC 3-10-9-3(a). The
1760-9 judge of the circuit court shall give notice by publication of the special
1761-10 election on request of the county committee. The special election is
1762-11 held in the same manner required for the holding of a special an
1763-12 election under section 21 of this chapter. Officials concerned shall take
1764-13 all actions necessary to conduct the special election as required under
1765-14 section 21 of this chapter.
1766-15 (d) This subsection applies to a county that is designated as a
1767-16 vote center county under IC 3-11-18.1. The county committee may
1768-17 direct the county election board or boards to resubmit the plan
1769-18 referred to in subsection (a)(2) at a special election to be held not
1770-19 later than six (6) months after the special election at which the
1771-20 proposal was rejected. If a primary or general election for state
1772-21 offices is to be held not later than six (6) months after the special
1773-22 election at which the proposal was rejected, the special election
1774-23 must be held in conjunction with the primary or general election.
1775-24 The judge of the circuit court shall give notice by publication of the
1776-25 special election on request of the county committee. The special
1777-26 election is held in the same manner required for the holding of a
1778-27 special election under section 21 of this chapter. Officials
1779-28 concerned shall take all actions necessary to conduct the special
1780-29 election as required under section 21 of this chapter.
1781-30 SECTION 36. IC 20-23-6-5, AS AMENDED BY P.L.152-2021,
1782-31 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1783-32 JANUARY 1, 2024]: Sec. 5. (a) If a petition is filed in one (1) or more
1784-33 of the school corporations protesting consolidation as provided in this
1785-34 chapter by the legal voters of any school corporation the governing
1786-35 body of which proposes to consolidate, the governing body in each
1787-36 school corporation in which a protest petition is filed shall certify the
1788-37 public question to each county election board of the county in which
1789-38 the school corporation is located. The county election board shall call
1790-39 an election of place a public question on the ballot at the next
1791-40 election permitted under IC 3-10-9-3 asking the voters of the school
1792-41 corporation to determine if a majority of the legal voters of the
1793-42 corporation is in favor of consolidating the school corporations.
1794-SB 224—LS 7130/DI 144 42
1795-1 (b) If a protest is filed in more than one (1) school corporation, the
1796-2 elections shall be held on the same day. Each county election board
1797-3 shall give notice by publication once each week for two (2) consecutive
1798-4 weeks:
1799-5 (1) with each notice by publication in a newspaper of general
1800-6 circulation in the school corporation, or, if a newspaper is not
1801-7 published in the:
1802-8 (A) township;
1803-9 (B) town; or
1804-10 (C) city;
1805-11 the notice shall be published in the nearest newspaper published
1806-12 in the county or counties; or
1807-13 (2) with the first publication of notice in the newspaper or
1808-14 newspapers as provided in subdivision (1) and the second
1809-15 publication of notice:
1810-16 (A) in accordance with IC 5-3-5; and
1811-17 (B) on the official web site website of the school corporation.
1812-18 Each notice shall state that on a day and at an hour to be named in the
1813-19 notice, the polls will be open at the usual voting places in the various
1814-20 precincts in the corporation for taking the vote of the legal voters upon
1815-21 whether the school corporation shall be consolidated with the other
1816-22 school corporations joining in the resolution.
1817-23 (c) The public question shall be placed on the ballot in the form
1818-24 provided by IC 3-10-9-4 and must state: "Shall (insert name of school
1819-25 corporation) be consolidated with (insert names of other school
1820-26 corporations)?".
1821-27 (d) (c) Notice shall be given not later than thirty (30) days after the
1822-28 petition is filed. The following applies to an election shall be held
1823-29 under this section:
1824-30 (1) If the county in which the school corporation is located is
1825-31 designated as a vote center county under IC 3-11-18.1, notice
1826-32 shall be given not later than thirty (30) days after the petition
1827-33 is filed. An election under this subdivision shall be held not
1828-34 less than ten (10) days or more than twenty (20) days after the last
1829-35 publication of the notice.
1830-36 (2) If the county in which the school corporation is located is
1831-37 not designated as a vote center county under IC 3-11-18.1,
1832-38 notice shall be given not later than thirty (30) days before the
1833-39 date of the election.
1834-40 (e) (d) The governing body of each school corporation in which an
1835-41 election is held is bound by the majority vote of those voting. However,
1836-42 if:
1837-SB 224—LS 7130/DI 144 43
1838-1 (1) the county in which the school corporation is located is
1839-2 designated as a vote center county under IC 3-11-18.1; and
1840-3 (2) the election falls within a period of not more than six (6)
1841-4 months before a primary or general election;
1842-5 the election shall be held concurrently with the primary or general
1843-6 election if the public question is certified to the county election board
1844-7 not later than the deadline set forth in IC 3-10-9-3.
1845-8 (f) (e) If a majority of those voting in any one (1) school corporation
1846-9 votes against the plan of consolidation, the plan fails. However, the
1847-10 failure does not prevent any or all the school corporations from taking
1848-11 further initial action for the consolidation of school corporations under
1849-12 this chapter.
1850-13 SECTION 37. IC 20-23-6-6, AS AMENDED BY P.L.43-2021,
1851-14 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1852-15 JANUARY 1, 2024]: Sec. 6. (a) On the day and hour named in the
1853-16 notice filed under section 5 of this chapter, polls shall be opened and
1854-17 the votes of the registered voters shall be taken upon the public
1855-18 question of consolidating school corporations. The election at which
1856-19 the public question is placed on the ballot under section 5 of this
1857-20 chapter shall be governed by IC 3, except as provided in this chapter.
1858-21 (b) The county election board shall conduct the election. The public
1859-22 question shall be placed on the ballot in the form prescribed by
1860-23 IC 3-10-9-4 and must state "Shall (here insert the names of the school
1861-24 corporations that the resolution proposes to consolidate) be
1862-25 consolidated into a consolidated school corporation?".
1863-26 (c) A brief statement of the provisions in the resolution for
1864-27 appointment or election of a governing body may be placed on the
1865-28 ballot in the form prescribed by IC 3-10-9-4. A certificate of the votes
1866-29 cast for and against the consolidation of the school corporations shall
1867-30 be filed with:
1868-31 (1) the governing body of the school corporations subject to the
1869-32 election;
1870-33 (2) the secretary of education; and
1871-34 (3) the county recorder of each county in which a consolidated
1872-35 school corporation is located;
1873-36 together with a copy of the resolution.
1874-37 (d) If a majority of the votes cast at each of the elections is in favor
1875-38 of the consolidation of two (2) or more school corporations, the trustees
1876-39 of the school corporations shall proceed to consolidate the schools and
1877-40 provide the necessary buildings and equipment. In any school
1878-41 corporation where a petition was not filed and an election was not held,
1879-42 the failure on the part of the voters to file a petition for an election shall
1880-SB 224—LS 7130/DI 144 44
1881-1 be considered to give the consent of the voters of the school
1882-2 corporation to the consolidation as set out in the resolution.
1883-3 (e) If the a special election is held and is not conducted at a primary
1884-4 or general election, the expense of the election shall be borne by the
1885-5 school corporation or each of the school corporations subject to the
1886-6 election and shall be paid out of the school corporation's operations
1887-7 fund.
1888-8 SECTION 38. IC 20-23-7-2, AS AMENDED BY P.L.244-2017,
1889-9 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1890-10 JANUARY 1, 2024]: Sec. 2. (a) In any county or adjoining counties at
1891-11 least two (2) school corporations, including school towns, school cities,
1892-12 consolidated school corporations, joint schools, metropolitan school
1893-13 districts, township school districts, or community school corporations,
1894-14 regardless of whether the consolidating school corporations are of the
1895-15 same or of a different character, may consolidate into one (1)
1896-16 metropolitan school district. Subject to subsection (h), the
1897-17 consolidation must be initiated by following either of the following
1898-18 procedures:
1899-19 (1) The board of school trustees, board of education, or other
1900-20 governing body (the board or other governing body is referred to
1901-21 elsewhere in this section as the "governing body") of each school
1902-22 corporation to be consolidated shall:
1903-23 (A) adopt substantially identical resolutions providing for the
1904-24 consolidation; and
1905-25 (B) publish a notice setting out the text of the resolution one
1906-26 (1) time under IC 5-3-1.
1907-27 The resolution must set forth any provision for staggering the
1908-28 terms of the board members of the metropolitan school district
1909-29 elected under this chapter. If, not more than thirty (30) days after
1910-30 publication of the resolution, a petition of protest, signed by at
1911-31 least twenty percent (20%) of the registered voters residing in the
1912-32 school corporation is filed with the clerk of the circuit court of
1913-33 each county where the voters who are eligible to sign the petition
1914-34 reside, a referendum election shall be held as provided in
1915-35 subsection (c).
1916-36 (2) Instead of the adoption of substantially identical resolutions in
1917-37 each of the proposed consolidating school corporations under
1918-38 subdivision (1), a referendum election under subsection (c) shall
1919-39 be held on the occurrence of all of the following:
1920-40 (A) At least twenty percent (20%) of the registered voters
1921-41 residing in a particular school corporation sign a petition
1922-42 requesting that the school corporation consolidate with another
1923-SB 224—LS 7130/DI 144 45
1924-1 school corporation (referred to in this subsection as "the
1925-2 responding school corporation").
1926-3 (B) The petition described in clause (A) is filed with the clerk
1927-4 of the circuit court of each county where the voters who are
1928-5 eligible to sign the petition reside.
1929-6 (C) Not more than thirty (30) days after the service of the
1930-7 petition by the clerk of the circuit court to the governing body
1931-8 of the responding school corporation under subsection (b) and
1932-9 the certification of signatures on the petition occurs under
1933-10 subsection (b), the governing body of the responding school
1934-11 corporation adopts a resolution approving the petition and
1935-12 providing for the consolidation.
1936-13 (D) An approving resolution has the same effect as the
1937-14 substantially identical resolutions adopted by the governing
1938-15 bodies under subdivision (1), and the governing bodies shall
1939-16 publish the notice provided under subdivision (1) not more
1940-17 than fifteen (15) days after the approving resolution is adopted.
1941-18 However, if a governing body that is a party to the
1942-19 consolidation fails to publish notice within the required fifteen
1943-20 (15) day time period, a referendum election still must be held
1944-21 as provided in subsection (c).
1945-22 If the governing body of the responding school corporation does
1946-23 not act on the petition within the thirty (30) day period described
1947-24 in clause (C), the governing body's inaction constitutes a
1948-25 disapproval of the petition request. If the governing body of the
1949-26 responding school corporation adopts a resolution disapproving
1950-27 the petition or fails to act within the thirty (30) day period, a
1951-28 referendum election as described in subsection (c) may not be
1952-29 held and the petition requesting the consolidation is defeated.
1953-30 (b) Any petition of protest under subsection (a)(1) or a petition
1954-31 requesting consolidation under subsection (a)(2) must show in the
1955-32 petition the date on which each person has signed the petition and the
1956-33 person's residence on that date. The petition may be executed in several
1957-34 counterparts, the total of which constitutes the petition. Each
1958-35 counterpart must contain the names of voters residing within a single
1959-36 county and shall be filed with the clerk of the circuit court of the
1960-37 county. Each counterpart must have attached to it the affidavit of the
1961-38 person circulating the counterpart that each signature appearing on the
1962-39 counterpart was affixed in that person's presence and is the true and
1963-40 lawful signature of each person who made the signature. Any signer
1964-41 may file the petition or any counterpart of the petition. Each signer on
1965-42 the petition may before and may not after the filing with the clerk
1966-SB 224—LS 7130/DI 144 46
1967-1 withdraw the signer's name from the petition. A name may not be
1968-2 added to the petition after the petition has been filed with the clerk.
1969-3 After the receipt of any counterpart of the petition, each circuit court
1970-4 clerk shall certify:
1971-5 (1) the number of persons signing the counterpart;
1972-6 (2) the number of persons who are registered voters residing
1973-7 within that part of the school corporation located within the
1974-8 clerk's county, as disclosed by the voter registration records in the
1975-9 office of the clerk or the board of registration of the county, or
1976-10 wherever registration records may be kept;
1977-11 (3) the total number of registered voters residing within the
1978-12 boundaries of that part of the school corporation located within
1979-13 the county, as disclosed in the voter registration records; and
1980-14 (4) the date of the filing of the petition.
1981-15 Certification shall be made by each clerk of the circuit court not more
1982-16 than thirty (30) days after the filing of the petition, excluding from the
1983-17 calculation of the period any time during which the registration records
1984-18 are unavailable to the clerk, or within any additional time as is
1985-19 reasonably necessary to permit the clerk to make the certification. In
1986-20 certifying the number of registered voters, the clerk of the circuit court
1987-21 shall disregard any signature on the petition not made within the ninety
1988-22 (90) days immediately before the filing of the petition with the clerk as
1989-23 shown by the dates set out in the petition. The clerk of the circuit court
1990-24 shall establish a record of the certification in the clerk's office and shall
1991-25 serve the original petition and a copy of the certification on the county
1992-26 election board under IC 3-10-9-3 and the governing bodies of each
1993-27 affected school corporation. Service shall be made by mail or manual
1994-28 delivery to the governing bodies, to any officer of the governing bodies,
1995-29 or to the administrative office of the governing bodies, if any, and shall
1996-30 be made for all purposes of this section on the day of the mailing or the
1997-31 date of the manual delivery.
1998-32 (c) The county election board in each county where the proposed
1999-33 metropolitan school district is located, acting jointly where the
2000-34 proposed metropolitan school district is created and where it is located
2001-35 in more than one (1) county, shall cause any referendum an election
2002-36 required under either subsection (a)(1) or (a)(2) to be held in the entire
2003-37 proposed metropolitan district at a special the next election permitted
2004-38 under IC 3-10-9-3. If a The special election is scheduled, the election
2005-39 shall be not less than sixty (60) days and not more than ninety (90) days
2006-40 after the service of the petition of protest and certification by each clerk
2007-41 of the circuit court under subsection (a)(1) or (a)(2) or after the
2008-42 occurrence of the first action requiring a referendum under subsection
2009-SB 224—LS 7130/DI 144 47
2010-1 (a)(2). However, if a primary or general election at which county
2011-2 officials are to be nominated or elected, or at which city or town
2012-3 officials are to be elected in those areas of the proposed metropolitan
2013-4 school district that are within the city or town, is to be held after the
2014-5 sixty (60) days and not more than six (6) months after the service or the
2015-6 occurrence of the first action, each election board may hold the
2016-7 referendum election with the primary or general election, if permitted
2017-8 under IC 3-10-9-3.
2018-9 (d) Notice of the special election shall be given by each election
2019-10 board by publication under IC 5-3-1.
2020-11 (e) Except where it conflicts with this section or cannot be
2021-12 practicably applied, IC 3 applies to the conduct of the referendum
2022-13 election. If the referendum election is not conducted at a primary or
2023-14 general election, the cost of conducting the election shall be charged to
2024-15 each component school corporation included in the proposed
2025-16 metropolitan school district in the same proportion as its assessed
2026-17 valuation bears to the total assessed valuation of the proposed
2027-18 metropolitan school district and shall be paid from the operations fund
2028-19 of each component school corporation not otherwise appropriated,
2029-20 without appropriation.
2030-21 (f) The question in the referendum election shall be placed on the
2031-22 ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
2032-23 school corporations of _________ be formed into one (1) metropolitan
2033-24 school district under IC 20-23-7?" (in which blanks the respective
2034-25 name of the school districts concerned will be inserted).
2035-26 (g) If:
2036-27 (1) a protest petition with the required signatures is not filed after
2037-28 the adoption of substantially identical resolutions of the governing
2038-29 bodies providing for or approving the consolidation as described
2039-30 in subsection (a)(1); or
2040-31 (2) a referendum election occurs in the entire proposed
2041-32 metropolitan district and a majority of the voters in each proposed
2042-33 consolidating school corporation vote in the affirmative;
2043-34 a metropolitan school district is created and comes into existence in the
2044-35 territory subject to the provisions and under the conditions described
2045-36 in this chapter. The boundaries include all of the territory within the
2046-37 school corporations, and it shall be known as "Metropolitan School
2047-38 District of _______, Indiana" (the name of the district concerned will
2048-39 be inserted in the blank). The name of the district shall be decided by
2049-40 a majority vote of the metropolitan governing board of the metropolitan
2050-41 school district at the first meeting. The metropolitan governing board
2051-42 of the new metropolitan school district shall be composed and elected
2052-SB 224—LS 7130/DI 144 48
2053-1 under this chapter. The failure of any public official or body to perform
2054-2 any duty within the time provided in this chapter does not invalidate
2055-3 any proceedings taken by that official or body, but this provision shall
2056-4 not be construed to authorize a delay in the holding of a referendum
2057-5 election under this chapter.
2058-6 (h) If the governing body of a school corporation is involved in a
2059-7 consolidation proposal under subsection (a)(1) or (a)(2) that fails to
2060-8 result in a consolidation, the:
2061-9 (1) governing body of the school corporation may not initiate a
2062-10 subsequent consolidation with another school corporation under
2063-11 subsection (a)(1); and
2064-12 (2) residents of the school corporation may not file a petition
2065-13 requesting a consolidation with another school corporation under
2066-14 subsection (a)(2);
2067-15 for one (1) year after the date on which the prior consolidation proposal
2068-16 failed.
2069-17 SECTION 39. IC 20-23-8-14, AS ADDED BY P.L.1-2005,
2070-18 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2071-19 JANUARY 1, 2024]: Sec. 14. (a) Not more than ten (10) days after a
2072-20 governing body has:
2073-21 (1) initiated;
2074-22 (2) approved; or
2075-23 (3) disapproved;
2076-24 a plan initiated by the petition filed with it, the governing body shall
2077-25 publish a notice one (1) time in a newspaper of general circulation in
2078-26 the county of the school corporation. If a newspaper of general
2079-27 circulation is not published in the county of the school corporation, the
2080-28 governing body shall publish a notice one (1) time in a newspaper of
2081-29 general circulation published in a county adjoining the county of the
2082-30 school corporation.
2083-31 (b) The notice must set out the text of a plan initiated by the
2084-32 governing body or another plan filed with the governing body before
2085-33 the preparation of the notice. The notice must also state the right of a
2086-34 voter, as provided in this section, to file a petition for alternative plans
2087-35 or a petition protesting the adoption of a plan or plans to which the
2088-36 notice relates.
2089-37 (c) If the governing body fails to publish a notice required by this
2090-38 section, the governing body shall, not more than five (5) days after the
2091-39 expiration of the ten (10) day period for publication of notice under this
2092-40 section, submit the petition that has been filed with the clerk to the
2093-41 state board, whether or not the plan contained in the petition or the
2094-42 petition meets the requirements of this chapter.
2095-SB 224—LS 7130/DI 144 49
2096-1 (d) Not later than one hundred twenty (120) days after the
2097-2 publication of the notice, voters of the school corporation may file with
2098-3 the clerk a petition protesting a plan initiated or approved by the
2099-4 governing body or a petition submitting an alternative plan as follows:
2100-5 (1) A petition protesting a plan shall be signed by at least twenty
2101-6 percent (20%) of the voters of the school corporation or five
2102-7 hundred (500) voters of the school corporation, whichever is less.
2103-8 (2) A petition submitting an alternative plan shall be signed by at
2104-9 least twenty percent (20%) of the voters of the school corporation.
2105-10 A petition filed under this subsection shall be certified by the clerk and
2106-11 shall be filed with the governing body in the same manner as is
2107-12 provided for a petition in section 11 of this chapter.
2108-13 (e) The governing body or the voters may not initiate or file
2109-14 additional plans until the plans that were published in the notice or
2110-15 submitted as alternative plans not later than one hundred twenty (120)
2111-16 days after the publication of the notice have been disposed of by:
2112-17 (1) adoption;
2113-18 (2) defeat at a special an election held under section 16 of this
2114-19 chapter; or
2115-20 (3) combination with another plan by the state board under
2116-21 section 15 of this chapter.
2117-22 SECTION 40. IC 20-23-8-16, AS ADDED BY P.L.1-2005,
2118-23 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2119-24 JANUARY 1, 2024]: Sec. 16. (a) If:
2120-25 (1) the governing body has disapproved a plan submitted;
2121-26 (2) an alternative plan has been filed; or
2122-27 (3) a petition of protest has been filed;
2123-28 the county election board shall hold a special election at a date to be
2124-29 determined by the county election board not more than ninety (90) days
2125-30 after the receipt of the determination of the state board on a plan in the
2126-31 form certified by the state board. If a special election is not permitted
2127-32 under IC 3-10-9-3, the county election board shall hold an election
2128-33 on the next date permitted under IC 3-10-9-3.
2129-34 (b) If a special election under subsection (a) can be held not more
2130-35 than six (6) months after the receipt of the determination from the state
2131-36 board in conjunction with a primary or general election at which:
2132-37 (1) county officials are to be elected or nominated; or
2133-38 (2) city or town officials are to be elected in those areas of the
2134-39 school corporations that are within the city or town;
2135-40 the county election board may delay the special election until the date
2136-41 of the regular election.
2137-42 (c) If a school corporation is located in more than one (1) county,
2138-SB 224—LS 7130/DI 144 50
2139-1 the county election board of the county containing the greatest
2140-2 percentage of population of the school corporation shall determine the
2141-3 date of an election held under this section.
2142-4 SECTION 41. IC 20-23-8-18, AS AMENDED BY P.L.244-2017,
2143-5 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2144-6 JANUARY 1, 2024]: Sec. 18. (a) The county election board shall give
2145-7 notice of an election under section 16 of this chapter after receiving the
2146-8 form of notice and ballot from the clerk. The county election board
2147-9 shall publish notice one (1) time in two (2) newspapers of general
2148-10 circulation in the school corporation, or if only one (1) newspaper is of
2149-11 general circulation, then in that newspaper. The publication may not be
2150-12 made less than ten (10) days nor more than forty-five (45) days before
2151-13 the election. Any other notice of the election or requirement for the
2152-14 time of printing ballots, whether prescribed by IC 3 or otherwise, is not
2153-15 required to be given or observed. A person may not vote at the special
2154-16 election unless the person is then qualified as a registered voter.
2155-17 (b) IC 3 applies to the conduct of an election under this chapter,
2156-18 except if the provisions of this chapter are in conflict with provisions
2157-19 of IC 3 or if IC 3 cannot be practicably applied.
2158-20 (c) If the a special election is held and is not conducted at a primary
2159-21 or general election, the school corporation shall pay the cost of
2160-22 conducting the election from the school corporation's operations fund
2161-23 not otherwise appropriated without appropriation.
2162-24 SECTION 42. IC 20-23-8-19, AS ADDED BY P.L.1-2005,
2163-25 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2164-26 JANUARY 1, 2024]: Sec. 19. (a) A plan shall be adopted in the
2165-27 following circumstances:
2166-28 (1) At the expiration of one hundred twenty (120) days after the
2167-29 publication of notice by the governing body if:
2168-30 (A) the governing body has initiated or approved the plan;
2169-31 (B) a petition has not been filed either protesting the plan or
2170-32 setting forth an alternative plan; and
2171-33 (C) the state board has reviewed and certified the plan.
2172-34 (2) If only one (1) plan is on the ballot and it receives more
2173-35 affirmative than negative votes, the plan is adopted at the
2174-36 expiration of thirty (30) days following the special election.
2175-37 (3) If more than one (1) plan is on the ballot, the plan receiving
2176-38 the most votes is adopted at the expiration of thirty (30) days after
2177-39 the special election.
2178-40 (b) The plan is effective:
2179-41 (1) at the time provided in the plan; or
2180-42 (2) if a time is not provided or if the time provided is inapplicable
2181-SB 224—LS 7130/DI 144 51
2182-1 due to the lapse of time of the proceedings under this chapter,
2183-2 either on the January 1 or July 1 following the time of adoption of
2184-3 the plan.
2185-4 SECTION 43. IC 20-46-1-8, AS AMENDED BY P.L.174-2022,
2186-5 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2187-6 JULY 1, 2023]: Sec. 8. (a) Subject to subsections (c), (d), and (e) and
2188-7 this chapter, the governing body of a school corporation may adopt a
2189-8 resolution to place a referendum under this chapter on the ballot for any
2190-9 of the following purposes:
2191-10 (1) The governing body of the school corporation determines that
2192-11 it cannot, in a calendar year, carry out its public educational duty
2193-12 unless it imposes a referendum tax levy under this chapter.
2194-13 (2) The governing body of the school corporation determines that
2195-14 a referendum tax levy under this chapter should be imposed to
2196-15 replace property tax revenue that the school corporation will not
2197-16 receive because of the application of the credit under
2198-17 IC 6-1.1-20.6.
2199-18 (3) The governing body makes the determination required under
2200-19 subdivision (1) or (2) and determines to share a portion of the
2201-20 referendum proceeds with a charter school, excluding a virtual
2202-21 charter school, in the manner prescribed in subsection (d).
2203-22 (b) The governing body of the school corporation shall certify a
2204-23 copy of the resolution to place a referendum on the ballot to the
2205-24 following:
2206-25 (1) The department of local government finance, including:
2207-26 (A) the language for the question required by section 10 of this
2208-27 chapter, or in the case of a resolution to extend a referendum
2209-28 levy certified to the department of local government finance
2210-29 after March 15, 2016, section 10.1 of this chapter; and
2211-30 (B) a copy of the revenue spending plan adopted under
2212-31 subsection (e).
2213-32 The language of the public question must include the estimated
2214-33 average percentage increases certified by the county auditor under
2215-34 section 10(e) or 10.1(f) of this chapter, as applicable. The
2216-35 governing body of the school corporation shall also provide the
2217-36 county auditor's certification described in section 10(e) or 10.1(f)
2218-37 of this chapter, as applicable. The department of local government
2219-38 finance shall post the values certified by the county auditor to the
2220-39 department's Internet web site. The department shall review the
2221-40 language for compliance with section 10 or 10.1 of this chapter,
2222-41 whichever is applicable, and either approve or reject the language.
2223-42 The department shall send its decision to the governing body of
2224-SB 224—LS 7130/DI 144 52
2225-1 the school corporation not more than ten (10) days after the
2226-2 resolution is submitted to the department. If the language is
2227-3 approved, the governing body of the school corporation shall
2228-4 certify a copy of the resolution, including the language for the
2229-5 question and the department's approval.
2230-6 (2) The county fiscal body of each county in which the school
2231-7 corporation is located (for informational purposes only).
2232-8 (3) The circuit court clerk of each county in which the school
2233-9 corporation is located.
2234-10 (c) If a school safety referendum tax levy under IC 20-46-9 has been
2235-11 approved by the voters in a school corporation at any time in the
2236-12 previous three (3) years, the school corporation may not:
2237-13 (1) adopt a resolution to place a referendum under this chapter on
2238-14 the ballot; or
2239-15 (2) otherwise place a referendum under this chapter on the ballot.
2240-16 (d) The resolution described in subsection (a) must indicate whether
2241-17 proceeds in the school corporation's education fund collected from a
2242-18 tax levy under this chapter will be used to provide a distribution to a
2243-19 charter school or charter schools, excluding a virtual charter school,
2244-20 under IC 20-40-3-5 as well as the amount that will be distributed to the
2245-21 particular charter school or charter schools. A school corporation may
2246-22 request from the designated charter school or charter schools any
2247-23 financial documentation necessary to demonstrate the financial need of
2248-24 the charter school or charter schools.
2249-25 (e) As part of the resolution described in subsection (a), the
2250-26 governing body of the school corporation shall adopt a revenue
2251-27 spending plan for the proposed referendum tax levy that includes:
2252-28 (1) an estimate of the amount of annual revenue expected to be
2253-29 collected if a levy is imposed under this chapter;
2254-30 (2) the specific purposes for which the revenue collected from a
2255-31 levy imposed under this chapter will be used; and
2256-32 (3) an estimate of the annual dollar amounts that will be expended
2257-33 for each purpose described in subdivision (2).
2258-34 (f) A school corporation shall specify in its proposed budget the
2259-35 school corporation's revenue spending plan adopted under subsection
2260-36 (e) and annually present the revenue spending plan at its public hearing
2261-37 on the proposed budget under IC 6-1.1-17-3.
2262-38 SECTION 44. IC 20-46-1-8.5, AS ADDED BY P.L.138-2016,
2263-39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2264-40 JANUARY 1, 2024]: Sec. 8.5. Subject to IC 20-46-1-14.5, a
2265-41 resolution to extend a referendum levy must be:
2266-42 (1) adopted by the governing body of a school corporation; and
2267-SB 224—LS 7130/DI 144 53
2268-1 (2) approved in a referendum under this chapter;
2269-2 before December 31 of the final calendar year in which the school
2270-3 corporation's previously approved referendum levy is imposed under
2271-4 this chapter.
2272-5 SECTION 45. IC 20-46-1-10, AS AMENDED BY P.L.174-2022,
2273-6 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2274-7 JULY 1, 2023]: Sec. 10. (a) This section does not apply to a
2275-8 referendum on a resolution certified to the department of local
2276-9 government finance after March 15, 2016, to extend a referendum levy.
2277-10 (b) The question to be submitted to the voters in the referendum
2278-11 must read as follows:
2279-12 "Shall the school corporation increase property taxes paid to the
2280-13 school corporation by homeowners and businesses for _____
2281-14 (insert number of years) years immediately following the holding
2282-15 of the referendum for the purpose of funding ______ (insert short
2283-16 description of purposes)? If this public question is approved by
2284-17 the voters, the average property tax paid to the school corporation
2285-18 per year on a residence would increase by ______% (insert the
2286-19 estimated average percentage of property tax increase paid to the
2287-20 school corporation on a residence within the school corporation
2288-21 as determined under subsection (c)) and the average property tax
2289-22 paid to the school corporation per year on a business property
2290-23 would increase by ______% (insert the estimated average
2291-24 percentage of property tax increase paid to the school corporation
2292-25 on a business property within the school corporation as
2293-26 determined under subsection (d)). The most recent property tax
2294-27 referendum proposed by the school corporation was held in
2295-28 ______ (insert year) and ________ (insert whether the measure
2296-29 passed or failed).".
2297-30 "For the _____ (insert number) calendar year or years
2298-31 immediately following the holding of the referendum, shall the
2299-32 school corporation impose a property tax that is in addition
2300-33 to all other property taxes imposed by the school corporation
2301-34 for the purpose of funding _____________ (insert short
2302-35 description of purposes) at a property tax rate that does not
2303-36 exceed the rate necessary to fund an annual property tax levy
2304-37 amount of __________ dollars (insert dollar amount)?
2305-38 If this public question is approved by the voters, the property
2306-39 tax paid annually for a median residence of __________
2307-40 (insert the political subdivision's median household assessed
2308-41 value) would increase _______ per year (insert dollar
2309-42 amount). The property tax paid annually for a business
2310-SB 224—LS 7130/DI 144 54
2311-1 property would increase ____ per one hundred dollars ($100)
2312-2 of assessed value (insert dollar amount).
2313-3 (If, in the previous five (5) years, the school corporation has
2314-4 conducted a public question, the following shall be included in
2315-5 the ballot language.) The most recent property tax
2316-6 referendum proposed by the school corporation was held in
2317-7 ______ (insert year) and ________ (insert whether the
2318-8 measure passed or failed).".
2319-9 (c) At the request of the governing body of a school corporation that
2320-10 proposes to impose property taxes under this chapter, the county
2321-11 auditor of the county in which the school corporation is located shall
2322-12 determine the estimated average percentage of property tax increase on
2323-13 a homestead to be paid to the school corporation that must be included
2324-14 in the public question under subsection (b) as follows:
2325-15 STEP ONE: Determine the average assessed value of a homestead
2326-16 located within the school corporation.
2327-17 STEP TWO: For purposes of determining the net assessed value
2328-18 of the average homestead located within the school corporation,
2329-19 subtract:
2330-20 (A) an amount for the homestead standard deduction under
2331-21 IC 6-1.1-12-37 as if the homestead described in STEP ONE
2332-22 was eligible for the deduction; and
2333-23 (B) an amount for the supplemental homestead deduction
2334-24 under IC 6-1.1-12-37.5 as if the homestead described in STEP
2335-25 ONE was eligible for the deduction;
2336-26 from the result of STEP ONE.
2337-27 STEP THREE: Divide the result of STEP TWO by one hundred
2452+18 STEP SIX, expressed as a percentage.
2453+19 (d) At the request of the governing body of a school corporation that
2454+20 proposes to impose property taxes under this chapter, the county
2455+21 auditor of the county in which the school corporation is located shall
2456+22 determine the estimated average percentage of property tax increase on
2457+23 a business property to be paid to the school corporation that must be
2458+24 included in the public question under subsection (b) as follows:
2459+25 STEP ONE: Determine the average assessed value of business
2460+26 property located within the school corporation.
2461+27 STEP TWO: Divide the result of STEP ONE by one hundred
23382462 28 (100).
2339-29 STEP FOUR: Determine the overall average tax rate per one
2463+29 STEP THREE: Determine the overall average tax rate per one
23402464 30 hundred dollars ($100) of assessed valuation for the current year
23412465 31 imposed on property located within the school corporation.
2342-32 STEP FIVE: For purposes of determining net property tax liability
2343-33 of the average homestead located within the school corporation:
2344-34 (A) multiply the result of STEP THREE by the result of STEP
2345-35 FOUR; and
2346-36 (B) as appropriate, apply any currently applicable county
2347-37 property tax credit rates and the credit for excessive property
2348-38 taxes under IC 6-1.1-20.6-7.5(a)(1).
2349-39 STEP SIX: Determine the amount of the school corporation's part
2350-40 of the result determined in STEP FIVE.
2351-41 STEP SEVEN: Multiply:
2352-42 (A) the tax rate that will be imposed if the public question is
2353-SB 224—LS 7130/DI 144 55
2354-1 approved by the voters; by
2355-2 (B) the result of STEP THREE.
2356-3 STEP EIGHT: Divide the result of STEP SEVEN by the result of
2357-4 STEP SIX, expressed as a percentage.
2358-5 (d) At the request of the governing body of a school corporation that
2359-6 proposes to impose property taxes under this chapter, the county
2360-7 auditor of the county in which the school corporation is located shall
2361-8 determine the estimated average percentage of property tax increase on
2362-9 a business property to be paid to the school corporation that must be
2363-10 included in the public question under subsection (b) as follows:
2364-11 STEP ONE: Determine the average assessed value of business
2365-12 property located within the school corporation.
2366-13 STEP TWO: Divide the result of STEP ONE by one hundred
2367-14 (100).
2368-15 STEP THREE: Determine the overall average tax rate per one
2369-16 hundred dollars ($100) of assessed valuation for the current year
2370-17 imposed on property located within the school corporation.
2371-18 STEP FOUR: For purposes of determining net property tax
2372-19 liability of the average business property located within the school
2373-20 corporation:
2374-21 (A) multiply the result of STEP TWO by the result of STEP
2375-22 THREE; and
2376-23 (B) as appropriate, apply any currently applicable county
2377-24 property tax credit rates and the credit for excessive property
2378-25 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
2379-26 was three percent (3%).
2380-27 STEP FIVE: Determine the amount of the school corporation's
2381-28 part of the result determined in STEP FOUR.
2382-29 STEP SIX: Multiply:
2383-30 (A) the result of STEP TWO; by
2384-31 (B) the tax rate that will be imposed if the public question is
2385-32 approved by the voters.
2386-33 STEP SEVEN: Divide the result of STEP SIX by the result of
2387-34 STEP FIVE, expressed as a percentage.
2388-35 (e) The county auditor shall certify the estimated average percentage
2389-36 of property tax increase on a homestead to be paid to the school
2390-37 corporation determined under subsection (c), and the estimated average
2391-38 percentage of property tax increase on a business property to be paid
2392-39 to the school corporation determined under subsection (d), in a manner
2393-40 prescribed by the department of local government finance, and provide
2394-41 the certification to the governing body of the school corporation that
2395-42 proposes to impose property taxes.
2396-SB 224—LS 7130/DI 144 56
2397-1 SECTION 46. IC 20-46-1-10.1, AS AMENDED BY P.L.174-2022,
2398-2 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2399-3 JULY 1, 2023]: Sec. 10.1. (a) This section applies only to a referendum
2400-4 to allow a school corporation to extend a referendum levy.
2401-5 (b) The question to be submitted to the voters in the referendum
2402-6 must read as follows:
2403-7 "Shall the school corporation continue to impose increased
2404-8 property taxes paid to the school corporation by homeowners and
2405-9 businesses for _____ (insert number of years) years immediately
2406-10 following the holding of the referendum for the purpose of
2407-11 funding ______ (insert short description of purposes)? The
2408-12 property tax increase requested in this referendum was originally
2409-13 approved by the voters in _______ (insert the year in which the
2410-14 referendum tax levy was approved) and originally increased the
2411-15 average property tax paid to the school corporation per year on a
2412-16 residence within the school corporation by ______% (insert the
2413-17 original estimated average percentage of property tax increase on
2414-18 a residence within the school corporation) and originally
2415-19 increased the average property tax paid to the school corporation
2416-20 per year on a business property within the school corporation by
2417-21 ______% (insert the original estimated average percentage of
2418-22 property tax increase on a business within the school
2419-23 corporation).".
2420-24 "Shall the school corporation continue to impose a property
2421-25 tax that is in addition to all other property taxes imposed by
2422-26 the school corporation for the purpose of funding
2423-27 _____________ (insert short description of purposes) at a
2424-28 property tax rate that does not exceed the rate necessary to
2425-29 fund an annual property tax levy amount of __________
2426-30 dollars (insert dollar amount)?
2427-31 The property tax requested in this referendum was originally
2428-32 approved by the voters in _______ (insert the year in which
2429-33 the referendum tax levy was approved) and originally
2430-34 increased the property tax rate by a maximum of _____ cents
2431-35 per one hundred dollars ($100) of assessed value (insert the
2432-36 cent amount). The property tax requested in this referendum
2433-37 is estimated to cost no more than (insert the total cost) and is
2434-38 estimated to increase the property tax rate by a maximum of
2435-39 _____ cents per one hundred dollars ($100) of assessed value
2436-40 (insert the cent amount).".
2437-41 (c) The number of years for which a referendum tax levy may be
2438-42 extended if the public question under this section is approved may not
2439-SB 224—LS 7130/DI 144 57
2440-1 exceed eight (8) years.
2441-2 (d) At the request of the governing body of a school corporation that
2442-3 proposes to impose property taxes under this chapter, the county
2443-4 auditor of the county in which the school corporation is located shall
2444-5 determine the estimated average percentage of property tax increase on
2445-6 a homestead to be paid to the school corporation that must be included
2446-7 in the public question under subsection (b) as follows:
2447-8 STEP ONE: Determine the average assessed value of a homestead
2448-9 located within the school corporation for the first year in which
2449-10 the referendum levy was imposed.
2450-11 STEP TWO: For purposes of determining the net assessed value
2451-12 of the average homestead located within the school corporation,
2452-13 subtract:
2453-14 (A) an amount for the homestead standard deduction under
2454-15 IC 6-1.1-12-37 as if the homestead described in STEP ONE
2455-16 was eligible for the deduction; and
2456-17 (B) an amount for the supplemental homestead deduction
2457-18 under IC 6-1.1-12-37.5 as if the homestead described in STEP
2458-19 ONE was eligible for the deduction;
2459-20 from the result of STEP ONE.
2460-21 STEP THREE: Divide the result of STEP TWO by one hundred
2461-22 (100).
2462-23 STEP FOUR: Determine the overall average tax rate per one
2463-24 hundred dollars ($100) of assessed valuation for the first year in
2464-25 which the referendum levy was imposed on property located
2465-26 within the school corporation.
2466-27 STEP FIVE: For purposes of determining net property tax liability
2467-28 of the average homestead located within the school corporation:
2468-29 (A) multiply the result of STEP THREE by the result of STEP
2469-30 FOUR; and
2470-31 (B) as appropriate, apply any currently applicable county
2471-32 property tax credit rates and the credit for excessive property
2472-33 taxes under IC 6-1.1-20.6-7.5(a)(1).
2473-34 STEP SIX: Determine the amount of the school corporation's part
2474-35 of the result determined in STEP FIVE.
2475-36 STEP SEVEN: Multiply:
2476-37 (A) the tax rate that will be imposed if the public question is
2477-38 approved by the voters; by
2478-39 (B) the result of STEP THREE.
2479-40 STEP EIGHT: Divide the result of STEP SEVEN by the result of
2480-41 STEP SIX, expressed as a percentage.
2481-42 (e) At the request of the governing body of a school corporation that
2466+32 STEP FOUR: For purposes of determining net property tax
2467+33 liability of the average business property located within the school
2468+34 corporation:
2469+35 (A) multiply the result of STEP TWO by the result of STEP
2470+36 THREE; and
2471+37 (B) as appropriate, apply any currently applicable county
2472+38 property tax credit rates and the credit for excessive property
2473+39 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
2474+40 was three percent (3%).
2475+41 STEP FIVE: Determine the amount of the school corporation's
2476+42 part of the result determined in STEP FOUR.
24822477 SB 224—LS 7130/DI 144 58
2483-1 proposes to impose property taxes under this chapter, the county
2484-2 auditor of the county in which the school corporation is located shall
2485-3 determine the estimated average percentage of property tax increase on
2486-4 a business property to be paid to the school corporation that must be
2487-5 included in the public question under subsection (b) as follows:
2488-6 STEP ONE: Determine the average assessed value of business
2489-7 property located within the school corporation for the first year in
2490-8 which the referendum levy was imposed.
2491-9 STEP TWO: Divide the result of STEP ONE by one hundred
2492-10 (100).
2493-11 STEP THREE: Determine the overall average tax rate per one
2494-12 hundred dollars ($100) of assessed valuation for the first year in
2495-13 which the referendum levy was imposed on property located
2496-14 within the school corporation.
2497-15 STEP FOUR: For purposes of determining net property tax
2498-16 liability of the average business property located within the school
2499-17 corporation:
2500-18 (A) multiply the result of STEP TWO by the result of STEP
2501-19 THREE; and
2502-20 (B) as appropriate, apply any currently applicable county
2503-21 property tax credit rates and the credit for excessive property
2504-22 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
2505-23 was three percent (3%).
2506-24 STEP FIVE: Determine the amount of the school corporation's
2507-25 part of the result determined in STEP FOUR.
2508-26 STEP SIX: Multiply:
2509-27 (A) the result of STEP TWO; by
2510-28 (B) the tax rate that will be imposed if the public question is
2511-29 approved by the voters.
2512-30 STEP SEVEN: Divide the result of STEP SIX by the result of
2513-31 STEP FIVE, expressed as a percentage.
2514-32 (f) The county auditor shall certify the estimated average percentage
2515-33 of property tax increase on a homestead to be paid to the school
2516-34 corporation determined under subsection (d), and the estimated average
2517-35 percentage of property tax increase on a business property to be paid
2518-36 to the school corporation determined under subsection (e), in a manner
2519-37 prescribed by the department of local government finance, and provide
2520-38 the certification to the governing body of the school corporation that
2521-39 proposes to impose property taxes.
2522-40 SECTION 47. IC 20-46-1-14, AS AMENDED BY P.L.278-2019,
2523-41 SECTION 175, IS AMENDED TO READ AS FOLLOWS
2524-42 [EFFECTIVE JANUARY 1, 2024]: Sec. 14. (a) Except as provided
2478+1 STEP SIX: Multiply:
2479+2 (A) the result of STEP TWO; by
2480+3 (B) the tax rate that will be imposed if the public question is
2481+4 approved by the voters.
2482+5 STEP SEVEN: Divide the result of STEP SIX by the result of
2483+6 STEP FIVE, expressed as a percentage.
2484+7 (e) The county auditor shall certify the estimated average percentage
2485+8 of property tax increase on a homestead to be paid to the school
2486+9 corporation determined under subsection (c), and the estimated average
2487+10 percentage of property tax increase on a business property to be paid
2488+11 to the school corporation determined under subsection (d), in a manner
2489+12 prescribed by the department of local government finance, and provide
2490+13 the certification to the governing body of the school corporation that
2491+14 proposes to impose property taxes.
2492+15 SECTION 52. IC 20-46-1-10.1, AS AMENDED BY P.L.174-2022,
2493+16 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2494+17 JANUARY 1, 2024]: Sec. 10.1. (a) This section applies only to a
2495+18 referendum to allow a school corporation to extend a referendum levy.
2496+19 (b) The question to be submitted to the voters in the referendum
2497+20 must read as follows:
2498+21 "Shall the school corporation continue to impose increased
2499+22 property taxes paid to the school corporation by homeowners and
2500+23 businesses for _____ (insert number of years) years immediately
2501+24 following the holding of the referendum for the purpose of
2502+25 funding ______ (insert short description of purposes)? The
2503+26 property tax increase requested in this referendum was originally
2504+27 approved by the voters in _______ (insert the year in which the
2505+28 referendum tax levy was approved) and originally increased the
2506+29 average property tax paid to the school corporation per year on a
2507+30 residence within the school corporation by ______% (insert the
2508+31 original estimated average percentage of property tax increase on
2509+32 a residence within the school corporation) and originally
2510+33 increased the average property tax paid to the school corporation
2511+34 per year on a business property within the school corporation by
2512+35 ______% (insert the original estimated average percentage of
2513+36 property tax increase on a business within the school
2514+37 corporation).".
2515+38 "Shall the school corporation continue to impose a property
2516+39 tax that is in addition to all other property taxes imposed by
2517+40 the school corporation for the purpose of funding
2518+41 _____________ (insert short description of purposes) at a
2519+42 property tax rate that does not exceed the rate necessary to
25252520 SB 224—LS 7130/DI 144 59
2526-1 in section 14.5 of this chapter, the referendum shall be held in at the
2527-2 next primary election, general election, or municipal election
2528-3 permitted under IC 3-10-9-3 in which all the registered voters who
2529-4 are residents of the appellant school corporation are entitled to vote
2530-5 after certification of the question under IC 3-10-9-3. Except as
2531-6 provided in section 14.5 of this chapter, the certification of the
2532-7 question must occur not later than noon:
2533-8 (1) seventy-four (74) days before a primary election if the
2534-9 question is to be placed on the primary or municipal primary
2535-10 election ballot; or
2536-11 (2) August 1 if the question is to be placed on the general or
2537-12 municipal election ballot.
2538-13 (b) However, This subsection applies if the county in which the
2539-14 school corporation is located is designated as a vote center county
2540-15 under IC 3-11-18.1. If a primary election, general election, or
2541-16 municipal election will not be held during the first year in which the
2542-17 public question is eligible to be placed on the ballot under this chapter
2543-18 and if the appellant school corporation requests the public question to
2544-19 be placed on the ballot at a special election, the public question shall
2545-20 be placed on the ballot at a special election to be held on the first
2546-21 Tuesday after the first Monday in May or November of the year. The
2547-22 certification must occur not later than noon:
2548-23 (1) sixty (60) days before a special election to be held in May (if
2549-24 the special election is to be held in May); or
2550-25 (2) on August 1 (if the special election is to be held in
2551-26 November).
2552-27 (c) This subsection applies if the county in which the school
2553-28 corporation is located is designated as a vote center county under
2554-29 IC 3-11-18.1. If the referendum is not conducted at a primary election,
2555-30 general election, or municipal election, the appellant school
2556-31 corporation in which the referendum is to be held shall pay all the costs
2557-32 of holding the referendum.
2558-33 SECTION 48. IC 20-46-1-14.5 IS ADDED TO THE INDIANA
2559-34 CODE AS A NEW SECTION TO READ AS FOLLOWS
2560-35 [EFFECTIVE JANUARY 1, 2024]: Sec. 14.5. (a) This section applies
2561-36 to a school corporation:
2562-37 (1) located in a county that is not designated as a vote center
2563-38 county under IC 3-11-18.1; and
2564-39 (2) that imposed an operating referendum tax levy:
2565-40 (A) before January 1, 2024; and
2566-41 (B) that will expire after December 31, 2023.
2567-42 (b) Subject to subsection (d), after December 31, 2023, a school
2568-SB 224—LS 7130/DI 144 60
2569-1 corporation described in subsection (a) may hold a referendum
2570-2 under this chapter on one (1) of the following dates:
2571-3 (1) The next primary election, general election, or municipal
2572-4 election in which all the registered voters who are residents of
2573-5 the appellant school corporation are entitled to vote after
2574-6 certification of the question under IC 3-10-9-3. The
2575-7 certification of the question must occur not later than noon:
2576-8 (A) seventy-four (74) days before a primary election if the
2577-9 question is to be placed on the primary or municipal
2578-10 primary election ballot; or
2579-11 (B) August 1 if the question is to be placed on the general
2580-12 or municipal election ballot.
2581-13 (2) If a primary election, general election, or municipal
2582-14 election will not be held during the first year in which the
2583-15 public question is eligible to be placed on the ballot under this
2584-16 chapter and if the appellant school corporation requests the
2585-17 public question to be placed on the ballot at a special election,
2586-18 the public question shall be placed on the ballot at a special
2587-19 election to be held on the first Tuesday after the first Monday
2588-20 in May or November of the year. The certification must occur
2589-21 not later than noon:
2590-22 (A) sixty (60) days before a special election to be held in
2591-23 May (if the special election is to be held in May); or
2592-24 (B) August 1 (if the special election is to be held in
2593-25 November).
2594-26 (c) If the referendum under subsection (b) is not conducted at a
2595-27 primary election, general election, or municipal election, the
2596-28 appellant school corporation in which the referendum is to be held
2597-29 shall pay all the costs of holding the referendum.
2598-30 (d) A school corporation described in subsection (a):
2599-31 (1) may hold not more than one (1) referendum under
2600-32 subsection (b); and
2601-33 (2) must align the expiration of the tax levy imposed as a
2602-34 result of a referendum under subsection (b) to allow a
2603-35 subsequent referendum to occur at an election permitted
2604-36 under IC 3-10-9-3(a).
2605-37 SECTION 49. IC 20-46-9-6, AS AMENDED BY P.L.174-2022,
2606-38 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2607-39 JULY 1, 2023]: Sec. 6. (a) Subject to this chapter, the governing body
2608-40 of a school corporation may adopt a resolution to place a referendum
2609-41 under this chapter on the ballot if the governing body of the school
2610-42 corporation determines that a referendum levy should be imposed for
2611-SB 224—LS 7130/DI 144 61
2612-1 measures to improve school safety as described in IC 20-40-20-6(a) or
2613-2 IC 20-40-20-6(b).
2614-3 (b) A school corporation may, with the approval of the majority of
2615-4 members of the governing body, distribute a portion of the proceeds of
2616-5 a tax levy collected under this chapter that is deposited in the fund to
2617-6 a charter school, excluding a virtual charter school, that is located
2618-7 within the attendance area of the school corporation, to be used by the
2619-8 charter school for the purposes described in IC 20-40-20-6(a).
2620-9 (c) The governing body of the school corporation shall certify a
2621-10 copy of the resolution to the following:
2622-11 (1) The department of local government finance, including:
2623-12 (A) the language for the question required by section 9 of this
2624-13 chapter, or in the case of a resolution to extend a referendum
2625-14 levy certified to the department of local government finance,
2626-15 section 10 of this chapter; and
2627-16 (B) a copy of the revenue spending plan adopted under
2628-17 subsection (e).
2629-18 The language of the public question must include the estimated
2630-19 average percentage increases certified by the county auditor under
2631-20 section 9(d) or 10(f) of this chapter, as applicable. The governing
2632-21 body of the school corporation shall also provide the county
2633-22 auditor's certification described in section 9(d) or 10(f) of this
2634-23 chapter, as applicable. The department of local government
2635-24 finance shall post the values certified by the county auditor to the
2636-25 department's Internet web site. The department shall review the
2637-26 language for compliance with section 9 or 10 of this chapter,
2638-27 whichever is applicable, and either approve or reject the language.
2639-28 The department shall send its decision to the governing body of
2640-29 the school corporation not more than ten (10) days after the
2641-30 resolution is submitted to the department. If the language is
2642-31 approved, the governing body of the school corporation shall
2643-32 certify a copy of the resolution, including the language for the
2644-33 question and the department's approval.
2645-34 (2) The county fiscal body of each county in which the school
2646-35 corporation is located (for informational purposes only).
2647-36 (3) The circuit court clerk of each county in which the school
2648-37 corporation is located.
2649-38 (d) The resolution described in subsection (a) must indicate whether
2650-39 proceeds in the school corporation's fund collected from a tax levy
2651-40 under this chapter will be used to provide a distribution to a charter
2652-41 school or charter schools, excluding a virtual charter school, under
2653-42 IC 20-40-20-6(b) as well as the amount that will be distributed to the
2654-SB 224—LS 7130/DI 144 62
2655-1 particular charter school or charter schools. A school corporation may
2656-2 request from the designated charter school or charter schools any
2657-3 financial documentation necessary to demonstrate the financial need of
2658-4 the charter school or charter schools.
2659-5 (e) As part of the resolution described in subsection (a), the
2660-6 governing body of the school corporation shall adopt a revenue
2661-7 spending plan for the proposed referendum tax levy that includes:
2662-8 (1) an estimate of the amount of annual revenue expected to be
2663-9 collected if a levy is imposed under this chapter;
2664-10 (2) the specific purposes described in IC 20-40-20-6 for which the
2665-11 revenue collected from a levy imposed under this chapter will be
2666-12 used; and
2667-13 (3) an estimate of the annual dollar amounts that will be expended
2668-14 for each purpose described in subdivision (2).
2669-15 (f) A school corporation shall specify in its proposed budget the
2670-16 school corporation's revenue spending plan adopted under subsection
2671-17 (e) and annually present the revenue spending plan at its public hearing
2672-18 on the proposed budget under IC 6-1.1-17-3.
2673-19 SECTION 50. IC 20-46-9-9, AS AMENDED BY P.L.174-2022,
2674-20 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2675-21 JULY 1, 2023]: Sec. 9. (a) The question to be submitted to the voters
2676-22 in the referendum must read as follows:
2677-23 "Shall the school corporation increase property taxes paid to the
2678-24 school corporation by homeowners and businesses for _____
2679-25 (insert number of years) years immediately following the holding
2680-26 of the referendum for the purpose of funding ______ (insert short
2681-27 description of purposes)? If this public question is approved by
2682-28 the voters, the average property tax paid to the school corporation
2683-29 per year on a residence would increase by ______% (insert the
2684-30 estimated average percentage of property tax increase paid to the
2685-31 school corporation on a residence within the school corporation
2686-32 as determined under subsection (b)) and the average property tax
2687-33 paid to the school corporation per year on a business property
2688-34 would increase by ______% (insert the estimated average
2689-35 percentage of property tax increase paid to the school corporation
2690-36 on a business property within the school corporation as
2691-37 determined under subsection (c)). The most recent property tax
2692-38 referendum proposed by the school corporation was held in
2693-39 ______ (insert year) and ________ (insert whether the measure
2694-40 passed or failed).".
2695-41 "For the _____ (insert number) calendar year or years
2696-42 immediately following the holding of the referendum, shall the
2697-SB 224—LS 7130/DI 144 63
2698-1 school corporation impose a property tax that is in addition
2699-2 to all other property taxes imposed by the school corporation
2700-3 for the purpose of funding _____________ (insert short
2701-4 description of purposes) at a property tax rate that does not
2702-5 exceed the rate necessary to fund an annual property tax levy
2703-6 amount of __________ dollars (insert dollar amount)?
2704-7 If this public question is approved by the voters, the property
2705-8 tax paid annually for a median residence of __________
2706-9 (insert the political subdivision's median household assessed
2707-10 value) would increase _______ per year (insert dollar
2708-11 amount). The property tax paid annually for a business
2709-12 property would increase ____ per one hundred dollars ($100)
2710-13 of assessed value (insert dollar amount).
2711-14 (If, in the previous five (5) years, the school corporation has
2712-15 conducted a public question, the following shall be included in
2713-16 the ballot language.) The most recent property tax
2714-17 referendum proposed by the school corporation was held in
2715-18 ______ (insert year) and ________ (insert whether the
2716-19 measure passed or failed).".
2717-20 (b) At the request of the governing body of a school corporation that
2718-21 proposes to impose property taxes under this chapter, the county
2719-22 auditor of the county in which the school corporation is located shall
2720-23 determine the estimated average percentage of property tax increase on
2721-24 a homestead to be paid to the school corporation that must be included
2722-25 in the public question under subsection (a) as follows:
2723-26 STEP ONE: Determine the average assessed value of a homestead
2724-27 located within the school corporation.
2725-28 STEP TWO: For purposes of determining the net assessed value
2726-29 of the average homestead located within the school corporation,
2727-30 subtract:
2728-31 (A) an amount for the homestead standard deduction under
2729-32 IC 6-1.1-12-37 as if the homestead described in STEP ONE
2730-33 was eligible for the deduction; and
2731-34 (B) an amount for the supplemental homestead deduction
2732-35 under IC 6-1.1-12-37.5 as if the homestead described in STEP
2733-36 ONE was eligible for the deduction;
2734-37 from the result of STEP ONE.
2735-38 STEP THREE: Divide the result of STEP TWO by one hundred
2736-39 (100).
2737-40 STEP FOUR: Determine the overall average tax rate per one
2738-41 hundred dollars ($100) of assessed valuation for the current year
2739-42 imposed on property located within the school corporation.
2740-SB 224—LS 7130/DI 144 64
2741-1 STEP FIVE: For purposes of determining net property tax liability
2742-2 of the average homestead located within the school corporation:
2743-3 (A) multiply the result of STEP THREE by the result of STEP
2744-4 FOUR; and
2745-5 (B) as appropriate, apply any currently applicable county
2746-6 property tax credit rates and the credit for excessive property
2747-7 taxes under IC 6-1.1-20.6-7.5(a)(1).
2748-8 STEP SIX: Determine the amount of the school corporation's part
2749-9 of the result determined in STEP FIVE.
2750-10 STEP SEVEN: Multiply:
2751-11 (A) the tax rate that will be imposed if the public question is
2752-12 approved by the voters; by
2753-13 (B) the result of STEP THREE.
2754-14 STEP EIGHT: Divide the result of STEP SEVEN by the result of
2755-15 STEP SIX, expressed as a percentage.
2756-16 (c) At the request of the governing body of a school corporation that
2521+1 fund an annual property tax levy amount of __________
2522+2 dollars (insert dollar amount)?
2523+3 The property tax requested in this referendum was originally
2524+4 approved by the voters in _______ (insert the year in which
2525+5 the referendum tax levy was approved) and originally
2526+6 increased the property tax rate by a maximum of _____ cents
2527+7 per one hundred dollars ($100) of assessed value (insert the
2528+8 cent amount). The property tax requested in this referendum
2529+9 is estimated to cost no more than (insert the total cost) and is
2530+10 estimated to increase the property tax rate by a maximum of
2531+11 _____ cents per one hundred dollars ($100) of assessed value
2532+12 (insert the cent amount).".
2533+13 (c) The number of years for which a referendum tax levy may be
2534+14 extended if the public question under this section is approved may not
2535+15 exceed eight (8) years.
2536+16 (d) At the request of the governing body of a school corporation that
27572537 17 proposes to impose property taxes under this chapter, the county
27582538 18 auditor of the county in which the school corporation is located shall
27592539 19 determine the estimated average percentage of property tax increase on
2760-20 a business property to be paid to the school corporation that must be
2761-21 included in the public question under subsection (a) as follows:
2762-22 STEP ONE: Determine the average assessed value of business
2763-23 property located within the school corporation.
2764-24 STEP TWO: Divide the result of STEP ONE by one hundred
2765-25 (100).
2766-26 STEP THREE: Determine the overall average tax rate per one
2767-27 hundred dollars ($100) of assessed valuation for the current year
2768-28 imposed on property located within the school corporation.
2540+20 a homestead to be paid to the school corporation that must be included
2541+21 in the public question under subsection (b) as follows:
2542+22 STEP ONE: Determine the average assessed value of a homestead
2543+23 located within the school corporation for the first year in which
2544+24 the referendum levy was imposed.
2545+25 STEP TWO: For purposes of determining the net assessed value
2546+26 of the average homestead located within the school corporation,
2547+27 subtract:
2548+28 (A) an amount for the homestead standard deduction under
2549+29 IC 6-1.1-12-37 as if the homestead described in STEP ONE
2550+30 was eligible for the deduction; and
2551+31 (B) an amount for the supplemental homestead deduction
2552+32 under IC 6-1.1-12-37.5 as if the homestead described in STEP
2553+33 ONE was eligible for the deduction;
2554+34 from the result of STEP ONE.
2555+35 STEP THREE: Divide the result of STEP TWO by one hundred
2556+36 (100).
2557+37 STEP FOUR: Determine the overall average tax rate per one
2558+38 hundred dollars ($100) of assessed valuation for the first year in
2559+39 which the referendum levy was imposed on property located
2560+40 within the school corporation.
2561+41 STEP FIVE: For purposes of determining net property tax liability
2562+42 of the average homestead located within the school corporation:
2563+SB 224—LS 7130/DI 144 60
2564+1 (A) multiply the result of STEP THREE by the result of STEP
2565+2 FOUR; and
2566+3 (B) as appropriate, apply any currently applicable county
2567+4 property tax credit rates and the credit for excessive property
2568+5 taxes under IC 6-1.1-20.6-7.5(a)(1).
2569+6 STEP SIX: Determine the amount of the school corporation's part
2570+7 of the result determined in STEP FIVE.
2571+8 STEP SEVEN: Multiply:
2572+9 (A) the tax rate that will be imposed if the public question is
2573+10 approved by the voters; by
2574+11 (B) the result of STEP THREE.
2575+12 STEP EIGHT: Divide the result of STEP SEVEN by the result of
2576+13 STEP SIX, expressed as a percentage.
2577+14 (e) At the request of the governing body of a school corporation that
2578+15 proposes to impose property taxes under this chapter, the county
2579+16 auditor of the county in which the school corporation is located shall
2580+17 determine the estimated average percentage of property tax increase on
2581+18 a business property to be paid to the school corporation that must be
2582+19 included in the public question under subsection (b) as follows:
2583+20 STEP ONE: Determine the average assessed value of business
2584+21 property located within the school corporation for the first year in
2585+22 which the referendum levy was imposed.
2586+23 STEP TWO: Divide the result of STEP ONE by one hundred
2587+24 (100).
2588+25 STEP THREE: Determine the overall average tax rate per one
2589+26 hundred dollars ($100) of assessed valuation for the first year in
2590+27 which the referendum levy was imposed on property located
2591+28 within the school corporation.
27692592 29 STEP FOUR: For purposes of determining net property tax
27702593 30 liability of the average business property located within the school
27712594 31 corporation:
27722595 32 (A) multiply the result of STEP TWO by the result of STEP
27732596 33 THREE; and
27742597 34 (B) as appropriate, apply any currently applicable county
27752598 35 property tax credit rates and the credit for excessive property
27762599 36 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
27772600 37 was three percent (3%).
27782601 38 STEP FIVE: Determine the amount of the school corporation's
27792602 39 part of the result determined in STEP FOUR.
27802603 40 STEP SIX: Multiply:
27812604 41 (A) the result of STEP TWO; by
27822605 42 (B) the tax rate that will be imposed if the public question is
2783-SB 224—LS 7130/DI 144 65
2606+SB 224—LS 7130/DI 144 61
27842607 1 approved by the voters.
27852608 2 STEP SEVEN: Divide the result of STEP SIX by the result of
27862609 3 STEP FIVE, expressed as a percentage.
2787-4 (d) The county auditor shall certify the estimated average
2788-5 percentage of property tax increase on a homestead to be paid to the
2789-6 school corporation determined under subsection (b), and the estimated
2790-7 average percentage of property tax increase on a business property to
2791-8 be paid to the school corporation determined under subsection (c), in
2792-9 a manner prescribed by the department of local government finance,
2793-10 and provide the certification to the governing body of the school
2794-11 corporation that proposes to impose property taxes.
2795-12 SECTION 51. IC 20-46-9-10, AS AMENDED BY P.L.174-2022,
2796-13 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2797-14 JULY 1, 2023]: Sec. 10. (a) This section applies only to a referendum
2798-15 to allow a school corporation to extend a referendum tax levy.
2799-16 (b) The question to be submitted to the voters in the referendum
2800-17 must read as follows:
2801-18 "Shall the school corporation continue to impose increased
2802-19 property taxes paid to the school corporation by homeowners and
2803-20 businesses for _____ (insert number of years) years immediately
2804-21 following the holding of the referendum for the purpose of
2805-22 funding ______ (insert short description of purposes)? The
2806-23 property tax increase requested in this referendum was originally
2807-24 approved by the voters in _______ (insert the year in which the
2808-25 referendum tax levy was approved) and originally increased the
2809-26 average property tax paid to the school corporation per year on a
2810-27 residence within the school corporation by ______% (insert the
2811-28 original estimated average percentage of property tax increase on
2812-29 a residence within the school corporation) and originally
2813-30 increased the average property tax paid to the school corporation
2814-31 per year on a business property within the school corporation by
2815-32 ______% (insert the original estimated average percentage of
2816-33 property tax increase on a business within the school
2817-34 corporation).".
2818-35 "Shall the school corporation continue to impose a property
2819-36 tax that is in addition to all other property taxes imposed by
2820-37 the school corporation for the purpose of funding
2821-38 _____________ (insert short description of purposes) at a
2822-39 property tax rate that does not exceed the rate necessary to
2823-40 fund an annual property tax levy amount of __________
2824-41 dollars (insert dollar amount)?
2825-42 The property tax requested in this referendum was originally
2610+4 (f) The county auditor shall certify the estimated average percentage
2611+5 of property tax increase on a homestead to be paid to the school
2612+6 corporation determined under subsection (d), and the estimated average
2613+7 percentage of property tax increase on a business property to be paid
2614+8 to the school corporation determined under subsection (e), in a manner
2615+9 prescribed by the department of local government finance, and provide
2616+10 the certification to the governing body of the school corporation that
2617+11 proposes to impose property taxes.
2618+12 SECTION 53. IC 20-46-1-14, AS AMENDED BY P.L.278-2019,
2619+13 SECTION 175, IS AMENDED TO READ AS FOLLOWS
2620+14 [EFFECTIVE JANUARY 1, 2024]: Sec. 14. (a) Except as provided
2621+15 in section 14.5 of this chapter, the referendum shall be held in at the
2622+16 next primary election, general election, or municipal election
2623+17 permitted under IC 3-10-9-3(a) in which all the registered voters who
2624+18 are residents of the appellant school corporation are entitled to vote
2625+19 after certification of the question under IC 3-10-9-3. The certification
2626+20 of the question must occur not later than noon
2627+21 (1) seventy-four (74) days before a primary election if the
2628+22 question is to be placed on the primary or municipal primary
2629+23 election ballot; or
2630+24 (2) August 1. if the question is to be placed on the general or
2631+25 municipal election ballot.
2632+26 (b) However, if a primary election, general election, or municipal
2633+27 election will not be held during the first year in which the public
2634+28 question is eligible to be placed on the ballot under this chapter and if
2635+29 the appellant school corporation requests the public question to be
2636+30 placed on the ballot at a special election, the public question shall be
2637+31 placed on the ballot at a special election to be held on the first Tuesday
2638+32 after the first Monday in May or November of the year. The
2639+33 certification must occur not later than noon:
2640+34 (1) sixty (60) days before a special election to be held in May (if
2641+35 the special election is to be held in May); or
2642+36 (2) on August 1 (if the special election is to be held in
2643+37 November).
2644+38 (c) If the referendum is not conducted at a primary election, general
2645+39 election, or municipal election, the appellant school corporation in
2646+40 which the referendum is to be held shall pay all the costs of holding the
2647+41 referendum.
2648+42 SECTION 54. IC 20-46-1-14.5 IS ADDED TO THE INDIANA
2649+SB 224—LS 7130/DI 144 62
2650+1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2651+2 [EFFECTIVE JANUARY 1, 2024]: Sec. 14.5. (a) This section applies
2652+3 to a school corporation that imposed an operating referendum tax
2653+4 levy:
2654+5 (1) before January 1, 2024; and
2655+6 (2) that will expire after December 31, 2023.
2656+7 (b) Subject to subsection (d), after December 31, 2023, a school
2657+8 corporation described in subsection (a) may hold a referendum
2658+9 under this chapter on one (1) of the following dates:
2659+10 (1) The next primary election, general election, or municipal
2660+11 election in which all the registered voters who are residents of
2661+12 the appellant school corporation are entitled to vote after
2662+13 certification of the question under IC 3-10-9-3. The
2663+14 certification of the question must occur not later than noon:
2664+15 (A) seventy-four (74) days before a primary election if the
2665+16 question is to be placed on the primary or municipal
2666+17 primary election ballot; or
2667+18 (B) August 1 if the question is to be placed on the general
2668+19 or municipal election ballot.
2669+20 (2) If a primary election, general election, or municipal
2670+21 election will not be held during the first year in which the
2671+22 public question is eligible to be placed on the ballot under this
2672+23 chapter and if the appellant school corporation requests the
2673+24 public question to be placed on the ballot at a special election,
2674+25 the public question shall be placed on the ballot at a special
2675+26 election to be held on the first Tuesday after the first Monday
2676+27 in May or November of the year. The certification must occur
2677+28 not later than noon:
2678+29 (A) sixty (60) days before a special election to be held in
2679+30 May (if the special election is to be held in May); or
2680+31 (B) August 1 (if the special election is to be held in
2681+32 November).
2682+33 (c) If the referendum under subsection (b) is not conducted at a
2683+34 primary election, general election, or municipal election, the
2684+35 appellant school corporation in which the referendum is to be held
2685+36 shall pay all the costs of holding the referendum.
2686+37 (d) A school corporation described in subsection (a):
2687+38 (1) may hold not more than one (1) referendum under
2688+39 subsection (b); and
2689+40 (2) must align the expiration of the tax levy imposed as a
2690+41 result of a referendum under subsection (b) to allow a
2691+42 subsequent referendum to occur on a date permitted under
2692+SB 224—LS 7130/DI 144 63
2693+1 IC 3-10-9-3(a).
2694+2 SECTION 55. IC 20-46-9-6, AS AMENDED BY P.L.174-2022,
2695+3 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2696+4 JANUARY 1, 2024]: Sec. 6. (a) Subject to this chapter, the governing
2697+5 body of a school corporation may adopt a resolution to place a
2698+6 referendum under this chapter on the ballot if the governing body of the
2699+7 school corporation determines that a referendum levy should be
2700+8 imposed for measures to improve school safety as described in
2701+9 IC 20-40-20-6(a) or IC 20-40-20-6(b).
2702+10 (b) A school corporation may, with the approval of the majority of
2703+11 members of the governing body, distribute a portion of the proceeds of
2704+12 a tax levy collected under this chapter that is deposited in the fund to
2705+13 a charter school, excluding a virtual charter school, that is located
2706+14 within the attendance area of the school corporation, to be used by the
2707+15 charter school for the purposes described in IC 20-40-20-6(a).
2708+16 (c) The governing body of the school corporation shall certify a
2709+17 copy of the resolution to the following:
2710+18 (1) The department of local government finance, including:
2711+19 (A) the language for the question required by section 9 of this
2712+20 chapter, or in the case of a resolution to extend a referendum
2713+21 levy certified to the department of local government finance,
2714+22 section 10 of this chapter; and
2715+23 (B) a copy of the revenue spending plan adopted under
2716+24 subsection (e).
2717+25 The language of the public question must include the estimated
2718+26 average percentage increases certified by the county auditor under
2719+27 section 9(d) or 10(f) of this chapter, as applicable. The governing
2720+28 body of the school corporation shall also provide the county
2721+29 auditor's certification described in section 9(d) or 10(f) of this
2722+30 chapter, as applicable. The department of local government
2723+31 finance shall post the values certified by the county auditor to the
2724+32 department's Internet web site. The department shall review the
2725+33 language for compliance with section 9 or 10 of this chapter,
2726+34 whichever is applicable, and either approve or reject the language.
2727+35 The department shall send its decision to the governing body of
2728+36 the school corporation not more than ten (10) days after the
2729+37 resolution is submitted to the department. If the language is
2730+38 approved, the governing body of the school corporation shall
2731+39 certify a copy of the resolution, including the language for the
2732+40 question and the department's approval.
2733+41 (2) The county fiscal body of each county in which the school
2734+42 corporation is located (for informational purposes only).
2735+SB 224—LS 7130/DI 144 64
2736+1 (3) The circuit court clerk of each county in which the school
2737+2 corporation is located.
2738+3 (d) The resolution described in subsection (a) must indicate whether
2739+4 proceeds in the school corporation's fund collected from a tax levy
2740+5 under this chapter will be used to provide a distribution to a charter
2741+6 school or charter schools, excluding a virtual charter school, under
2742+7 IC 20-40-20-6(b) as well as the amount that will be distributed to the
2743+8 particular charter school or charter schools. A school corporation may
2744+9 request from the designated charter school or charter schools any
2745+10 financial documentation necessary to demonstrate the financial need of
2746+11 the charter school or charter schools.
2747+12 (e) As part of the resolution described in subsection (a), the
2748+13 governing body of the school corporation shall adopt a revenue
2749+14 spending plan for the proposed referendum tax levy that includes:
2750+15 (1) an estimate of the amount of annual revenue expected to be
2751+16 collected if a levy is imposed under this chapter;
2752+17 (2) the specific purposes described in IC 20-40-20-6 for which the
2753+18 revenue collected from a levy imposed under this chapter will be
2754+19 used; and
2755+20 (3) an estimate of the annual dollar amounts that will be expended
2756+21 for each purpose described in subdivision (2).
2757+22 (f) A school corporation shall specify in its proposed budget the
2758+23 school corporation's revenue spending plan adopted under subsection
2759+24 (e) and annually present the revenue spending plan at its public hearing
2760+25 on the proposed budget under IC 6-1.1-17-3.
2761+26 SECTION 56. IC 20-46-9-9, AS AMENDED BY P.L.174-2022,
2762+27 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2763+28 JANUARY 1, 2024]: Sec. 9. (a) The question to be submitted to the
2764+29 voters in the referendum must read as follows:
2765+30 "Shall the school corporation increase property taxes paid to the
2766+31 school corporation by homeowners and businesses for _____
2767+32 (insert number of years) years immediately following the holding
2768+33 of the referendum for the purpose of funding ______ (insert short
2769+34 description of purposes)? If this public question is approved by
2770+35 the voters, the average property tax paid to the school corporation
2771+36 per year on a residence would increase by ______% (insert the
2772+37 estimated average percentage of property tax increase paid to the
2773+38 school corporation on a residence within the school corporation
2774+39 as determined under subsection (b)) and the average property tax
2775+40 paid to the school corporation per year on a business property
2776+41 would increase by ______% (insert the estimated average
2777+42 percentage of property tax increase paid to the school corporation
2778+SB 224—LS 7130/DI 144 65
2779+1 on a business property within the school corporation as
2780+2 determined under subsection (c)). The most recent property tax
2781+3 referendum proposed by the school corporation was held in
2782+4 ______ (insert year) and ________ (insert whether the measure
2783+5 passed or failed).".
2784+6 "For the _____ (insert number) calendar year or years
2785+7 immediately following the holding of the referendum, shall the
2786+8 school corporation impose a property tax that is in addition
2787+9 to all other property taxes imposed by the school corporation
2788+10 for the purpose of funding _____________ (insert short
2789+11 description of purposes) at a property tax rate that does not
2790+12 exceed the rate necessary to fund an annual property tax levy
2791+13 amount of __________ dollars (insert dollar amount)?
2792+14 If this public question is approved by the voters, the property
2793+15 tax paid annually for a median residence of __________
2794+16 (insert the political subdivision's median household assessed
2795+17 value) would increase _______ per year (insert dollar
2796+18 amount). The property tax paid annually for a business
2797+19 property would increase ____ per one hundred dollars ($100)
2798+20 of assessed value (insert dollar amount).
2799+21 (If, in the previous five (5) years, the school corporation has
2800+22 conducted a public question, the following shall be included in
2801+23 the ballot language.) The most recent property tax
2802+24 referendum proposed by the school corporation was held in
2803+25 ______ (insert year) and ________ (insert whether the
2804+26 measure passed or failed).".
2805+27 (b) At the request of the governing body of a school corporation that
2806+28 proposes to impose property taxes under this chapter, the county
2807+29 auditor of the county in which the school corporation is located shall
2808+30 determine the estimated average percentage of property tax increase on
2809+31 a homestead to be paid to the school corporation that must be included
2810+32 in the public question under subsection (a) as follows:
2811+33 STEP ONE: Determine the average assessed value of a homestead
2812+34 located within the school corporation.
2813+35 STEP TWO: For purposes of determining the net assessed value
2814+36 of the average homestead located within the school corporation,
2815+37 subtract:
2816+38 (A) an amount for the homestead standard deduction under
2817+39 IC 6-1.1-12-37 as if the homestead described in STEP ONE
2818+40 was eligible for the deduction; and
2819+41 (B) an amount for the supplemental homestead deduction
2820+42 under IC 6-1.1-12-37.5 as if the homestead described in STEP
28262821 SB 224—LS 7130/DI 144 66
2827-1 approved by the voters in _______ (insert the year in which
2828-2 the referendum tax levy was approved) and originally
2829-3 increased the property tax rate by a maximum of _____ cents
2830-4 per one hundred dollars ($100) of assessed value (insert the
2831-5 cent amount). The property tax requested in this referendum
2832-6 is estimated to cost no more than (insert the total cost) and is
2833-7 estimated to increase the property tax rate by a maximum of
2834-8 _____ cents per one hundred dollars ($100) of assessed value
2835-9 (insert the cent amount).".
2836-10 (c) The number of years for which a referendum tax levy may be
2837-11 extended if the public question under this section is approved may not
2838-12 exceed the number of years for which the expiring referendum tax levy
2839-13 was imposed.
2840-14 (d) At the request of the governing body of a school corporation that
2841-15 proposes to impose property taxes under this chapter, the county
2842-16 auditor of the county in which the school corporation is located shall
2843-17 determine the estimated average percentage of property tax increase on
2844-18 a homestead to be paid to the school corporation that must be included
2845-19 in the public question under subsection (b) as follows:
2846-20 STEP ONE: Determine the average assessed value of a homestead
2847-21 located within the school corporation for the first year in which
2848-22 the referendum levy was imposed.
2849-23 STEP TWO: For purposes of determining the net assessed value
2850-24 of the average homestead located within the school corporation,
2851-25 subtract:
2852-26 (A) an amount for the homestead standard deduction under
2853-27 IC 6-1.1-12-37 as if the homestead described in STEP ONE
2854-28 was eligible for the deduction; and
2855-29 (B) an amount for the supplemental homestead deduction
2856-30 under IC 6-1.1-12-37.5 as if the homestead described in STEP
2857-31 ONE was eligible for the deduction;
2858-32 from the result of STEP ONE.
2859-33 STEP THREE: Divide the result of STEP TWO by one hundred
2860-34 (100).
2861-35 STEP FOUR: Determine the overall average tax rate per one
2862-36 hundred dollars ($100) of assessed valuation for the first year in
2863-37 which the referendum levy was imposed on property located
2864-38 within the school corporation.
2865-39 STEP FIVE: For purposes of determining net property tax liability
2866-40 of the average homestead located within the school corporation:
2867-41 (A) multiply the result of STEP THREE by the result of STEP
2868-42 FOUR; and
2822+1 ONE was eligible for the deduction;
2823+2 from the result of STEP ONE.
2824+3 STEP THREE: Divide the result of STEP TWO by one hundred
2825+4 (100).
2826+5 STEP FOUR: Determine the overall average tax rate per one
2827+6 hundred dollars ($100) of assessed valuation for the current year
2828+7 imposed on property located within the school corporation.
2829+8 STEP FIVE: For purposes of determining net property tax liability
2830+9 of the average homestead located within the school corporation:
2831+10 (A) multiply the result of STEP THREE by the result of STEP
2832+11 FOUR; and
2833+12 (B) as appropriate, apply any currently applicable county
2834+13 property tax credit rates and the credit for excessive property
2835+14 taxes under IC 6-1.1-20.6-7.5(a)(1).
2836+15 STEP SIX: Determine the amount of the school corporation's part
2837+16 of the result determined in STEP FIVE.
2838+17 STEP SEVEN: Multiply:
2839+18 (A) the tax rate that will be imposed if the public question is
2840+19 approved by the voters; by
2841+20 (B) the result of STEP THREE.
2842+21 STEP EIGHT: Divide the result of STEP SEVEN by the result of
2843+22 STEP SIX, expressed as a percentage.
2844+23 (c) At the request of the governing body of a school corporation that
2845+24 proposes to impose property taxes under this chapter, the county
2846+25 auditor of the county in which the school corporation is located shall
2847+26 determine the estimated average percentage of property tax increase on
2848+27 a business property to be paid to the school corporation that must be
2849+28 included in the public question under subsection (a) as follows:
2850+29 STEP ONE: Determine the average assessed value of business
2851+30 property located within the school corporation.
2852+31 STEP TWO: Divide the result of STEP ONE by one hundred
2853+32 (100).
2854+33 STEP THREE: Determine the overall average tax rate per one
2855+34 hundred dollars ($100) of assessed valuation for the current year
2856+35 imposed on property located within the school corporation.
2857+36 STEP FOUR: For purposes of determining net property tax
2858+37 liability of the average business property located within the school
2859+38 corporation:
2860+39 (A) multiply the result of STEP TWO by the result of STEP
2861+40 THREE; and
2862+41 (B) as appropriate, apply any currently applicable county
2863+42 property tax credit rates and the credit for excessive property
28692864 SB 224—LS 7130/DI 144 67
2870-1 (B) as appropriate, apply any currently applicable county
2871-2 property tax credit rates and the credit for excessive property
2872-3 taxes under IC 6-1.1-20.6-7.5(a)(1).
2873-4 STEP SIX: Determine the amount of the school corporation's part
2874-5 of the result determined in STEP FIVE.
2875-6 STEP SEVEN: Multiply:
2876-7 (A) the tax rate that will be imposed if the public question is
2877-8 approved by the voters; by
2878-9 (B) the result of STEP THREE.
2879-10 STEP EIGHT: Divide the result of STEP SEVEN by the result of
2880-11 STEP SIX, expressed as a percentage.
2881-12 (e) At the request of the governing body of a school corporation that
2882-13 proposes to impose property taxes under this chapter, the county
2883-14 auditor of the county in which the school corporation is located shall
2884-15 determine the estimated average percentage of property tax increase on
2885-16 a business property to be paid to the school corporation that must be
2886-17 included in the public question under subsection (b) as follows:
2887-18 STEP ONE: Determine the average assessed value of business
2888-19 property located within the school corporation for the first year in
2889-20 which the referendum levy was imposed.
2890-21 STEP TWO: Divide the result of STEP ONE by one hundred
2891-22 (100).
2892-23 STEP THREE: Determine the overall average tax rate per one
2893-24 hundred dollars ($100) of assessed valuation for the first year in
2894-25 which the referendum levy was imposed on property located
2895-26 within the school corporation.
2896-27 STEP FOUR: For purposes of determining net property tax
2897-28 liability of the average business property located within the school
2898-29 corporation:
2899-30 (A) multiply the result of STEP TWO by the result of STEP
2900-31 THREE; and
2901-32 (B) as appropriate, apply any currently applicable county
2902-33 property tax credit rates and the credit for excessive property
2903-34 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
2904-35 was three percent (3%).
2905-36 STEP FIVE: Determine the amount of the school corporation's
2906-37 part of the result determined in STEP FOUR.
2907-38 STEP SIX: Multiply:
2908-39 (A) the result of STEP TWO; by
2909-40 (B) the tax rate that will be imposed if the public question is
2910-41 approved by the voters.
2911-42 STEP SEVEN: Divide the result of STEP SIX by the result of
2865+1 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
2866+2 was three percent (3%).
2867+3 STEP FIVE: Determine the amount of the school corporation's
2868+4 part of the result determined in STEP FOUR.
2869+5 STEP SIX: Multiply:
2870+6 (A) the result of STEP TWO; by
2871+7 (B) the tax rate that will be imposed if the public question is
2872+8 approved by the voters.
2873+9 STEP SEVEN: Divide the result of STEP SIX by the result of
2874+10 STEP FIVE, expressed as a percentage.
2875+11 (d) The county auditor shall certify the estimated average
2876+12 percentage of property tax increase on a homestead to be paid to the
2877+13 school corporation determined under subsection (b), and the estimated
2878+14 average percentage of property tax increase on a business property to
2879+15 be paid to the school corporation determined under subsection (c), in
2880+16 a manner prescribed by the department of local government finance,
2881+17 and provide the certification to the governing body of the school
2882+18 corporation that proposes to impose property taxes.
2883+19 SECTION 57. IC 20-46-9-10, AS AMENDED BY P.L.174-2022,
2884+20 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2885+21 JANUARY 1, 2024]: Sec. 10. (a) This section applies only to a
2886+22 referendum to allow a school corporation to extend a referendum tax
2887+23 levy.
2888+24 (b) The question to be submitted to the voters in the referendum
2889+25 must read as follows:
2890+26 "Shall the school corporation continue to impose increased
2891+27 property taxes paid to the school corporation by homeowners and
2892+28 businesses for _____ (insert number of years) years immediately
2893+29 following the holding of the referendum for the purpose of
2894+30 funding ______ (insert short description of purposes)? The
2895+31 property tax increase requested in this referendum was originally
2896+32 approved by the voters in _______ (insert the year in which the
2897+33 referendum tax levy was approved) and originally increased the
2898+34 average property tax paid to the school corporation per year on a
2899+35 residence within the school corporation by ______% (insert the
2900+36 original estimated average percentage of property tax increase on
2901+37 a residence within the school corporation) and originally
2902+38 increased the average property tax paid to the school corporation
2903+39 per year on a business property within the school corporation by
2904+40 ______% (insert the original estimated average percentage of
2905+41 property tax increase on a business within the school
2906+42 corporation).".
29122907 SB 224—LS 7130/DI 144 68
2913-1 STEP FIVE, expressed as a percentage.
2914-2 (f) The county auditor shall certify the estimated average percentage
2915-3 of property tax increase on a homestead to be paid to the school
2916-4 corporation determined under subsection (d), and the estimated average
2917-5 percentage of property tax increase on a business property to be paid
2918-6 to the school corporation determined under subsection (e), in a manner
2919-7 prescribed by the department of local government finance, and provide
2920-8 the certification to the governing body of the school corporation that
2921-9 proposes to impose property taxes.
2922-10 SECTION 52. IC 20-46-9-14, AS AMENDED BY P.L.109-2021,
2923-11 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2924-12 JANUARY 1, 2024]: Sec. 14. (a) The referendum shall be held in the
2925-13 next primary election, general election, or municipal election
2926-14 permitted under IC 3-10-9-3 in which all the registered voters who
2927-15 are residents of the school corporation are entitled to vote after
2928-16 certification of the question under IC 3-10-9-3. The certification of the
2929-17 question must occur not later than noon:
2930-18 (1) seventy-four (74) days before a primary election if the
2931-19 question is to be placed on the primary or municipal primary
2932-20 election ballot; or
2933-21 (2) August 1 if the question is to be placed on the general or
2934-22 municipal election ballot.
2935-23 (b) However, This subsection applies if the county in which the
2936-24 school corporation is located is designated as a vote center county
2937-25 under IC 3-11-18.1. If a primary election, general election, or
2938-26 municipal election will not be held during the first year in which the
2939-27 public question is eligible to be placed on the ballot under this chapter
2940-28 and if the school corporation requests the public question to be placed
2941-29 on the ballot at a special election, the public question shall be placed
2942-30 on the ballot at a special election to be held on the first Tuesday after
2943-31 the first Monday in May or November of the year. The certification
2944-32 must occur not later than noon:
2945-33 (1) sixty (60) days before a special election to be held in May (if
2946-34 the special election is to be held in May); or
2947-35 (2) August 1 (if the special election is to be held in November).
2948-36 (c) This subsection applies if the county in which the school
2949-37 corporation is located is designated as a vote center county under
2950-38 IC 3-11-18.1. If the referendum is not conducted at a primary election,
2951-39 general election, or municipal election, the school corporation in which
2952-40 the referendum is to be held shall pay all the costs of holding the
2953-41 referendum.
2954-42 SECTION 53. IC 36-1-1.5-8, AS ADDED BY P.L.234-2013,
2908+1 "Shall the school corporation continue to impose a property
2909+2 tax that is in addition to all other property taxes imposed by
2910+3 the school corporation for the purpose of funding
2911+4 _____________ (insert short description of purposes) at a
2912+5 property tax rate that does not exceed the rate necessary to
2913+6 fund an annual property tax levy amount of __________
2914+7 dollars (insert dollar amount)?
2915+8 The property tax requested in this referendum was originally
2916+9 approved by the voters in _______ (insert the year in which
2917+10 the referendum tax levy was approved) and originally
2918+11 increased the property tax rate by a maximum of _____ cents
2919+12 per one hundred dollars ($100) of assessed value (insert the
2920+13 cent amount). The property tax requested in this referendum
2921+14 is estimated to cost no more than (insert the total cost) and is
2922+15 estimated to increase the property tax rate by a maximum of
2923+16 _____ cents per one hundred dollars ($100) of assessed value
2924+17 (insert the cent amount).".
2925+18 (c) The number of years for which a referendum tax levy may be
2926+19 extended if the public question under this section is approved may not
2927+20 exceed the number of years for which the expiring referendum tax levy
2928+21 was imposed.
2929+22 (d) At the request of the governing body of a school corporation that
2930+23 proposes to impose property taxes under this chapter, the county
2931+24 auditor of the county in which the school corporation is located shall
2932+25 determine the estimated average percentage of property tax increase on
2933+26 a homestead to be paid to the school corporation that must be included
2934+27 in the public question under subsection (b) as follows:
2935+28 STEP ONE: Determine the average assessed value of a homestead
2936+29 located within the school corporation for the first year in which
2937+30 the referendum levy was imposed.
2938+31 STEP TWO: For purposes of determining the net assessed value
2939+32 of the average homestead located within the school corporation,
2940+33 subtract:
2941+34 (A) an amount for the homestead standard deduction under
2942+35 IC 6-1.1-12-37 as if the homestead described in STEP ONE
2943+36 was eligible for the deduction; and
2944+37 (B) an amount for the supplemental homestead deduction
2945+38 under IC 6-1.1-12-37.5 as if the homestead described in STEP
2946+39 ONE was eligible for the deduction;
2947+40 from the result of STEP ONE.
2948+41 STEP THREE: Divide the result of STEP TWO by one hundred
2949+42 (100).
29552950 SB 224—LS 7130/DI 144 69
2956-1 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2957-2 JANUARY 1, 2024]: Sec. 8. The following apply if the voters of an
2958-3 eligible municipality file a sufficient petition under section 7 of this
2959-4 chapter:
2960-5 (1) The clerk of the eligible municipality shall certify the petition
2961-6 to the county election board.
2962-7 (2) A special election on The public question shall be held in the
2963-8 eligible municipality:
2964-9 (A) if the county in which the eligible municipality is
2965-10 located is designated as a vote center county under
2966-11 IC 3-11-18.1, at a special election in the manner prescribed
2967-12 by IC 3-10-8-6 The special election shall be held and on a date
2968-13 that:
2969-14 (A) (i) is determined by the legislative body of the eligible
2951+1 STEP FOUR: Determine the overall average tax rate per one
2952+2 hundred dollars ($100) of assessed valuation for the first year in
2953+3 which the referendum levy was imposed on property located
2954+4 within the school corporation.
2955+5 STEP FIVE: For purposes of determining net property tax liability
2956+6 of the average homestead located within the school corporation:
2957+7 (A) multiply the result of STEP THREE by the result of STEP
2958+8 FOUR; and
2959+9 (B) as appropriate, apply any currently applicable county
2960+10 property tax credit rates and the credit for excessive property
2961+11 taxes under IC 6-1.1-20.6-7.5(a)(1).
2962+12 STEP SIX: Determine the amount of the school corporation's part
2963+13 of the result determined in STEP FIVE.
2964+14 STEP SEVEN: Multiply:
2965+15 (A) the tax rate that will be imposed if the public question is
2966+16 approved by the voters; by
2967+17 (B) the result of STEP THREE.
2968+18 STEP EIGHT: Divide the result of STEP SEVEN by the result of
2969+19 STEP SIX, expressed as a percentage.
2970+20 (e) At the request of the governing body of a school corporation that
2971+21 proposes to impose property taxes under this chapter, the county
2972+22 auditor of the county in which the school corporation is located shall
2973+23 determine the estimated average percentage of property tax increase on
2974+24 a business property to be paid to the school corporation that must be
2975+25 included in the public question under subsection (b) as follows:
2976+26 STEP ONE: Determine the average assessed value of business
2977+27 property located within the school corporation for the first year in
2978+28 which the referendum levy was imposed.
2979+29 STEP TWO: Divide the result of STEP ONE by one hundred
2980+30 (100).
2981+31 STEP THREE: Determine the overall average tax rate per one
2982+32 hundred dollars ($100) of assessed valuation for the first year in
2983+33 which the referendum levy was imposed on property located
2984+34 within the school corporation.
2985+35 STEP FOUR: For purposes of determining net property tax
2986+36 liability of the average business property located within the school
2987+37 corporation:
2988+38 (A) multiply the result of STEP TWO by the result of STEP
2989+39 THREE; and
2990+40 (B) as appropriate, apply any currently applicable county
2991+41 property tax credit rates and the credit for excessive property
2992+42 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
2993+SB 224—LS 7130/DI 144 70
2994+1 was three percent (3%).
2995+2 STEP FIVE: Determine the amount of the school corporation's
2996+3 part of the result determined in STEP FOUR.
2997+4 STEP SIX: Multiply:
2998+5 (A) the result of STEP TWO; by
2999+6 (B) the tax rate that will be imposed if the public question is
3000+7 approved by the voters.
3001+8 STEP SEVEN: Divide the result of STEP SIX by the result of
3002+9 STEP FIVE, expressed as a percentage.
3003+10 (f) The county auditor shall certify the estimated average percentage
3004+11 of property tax increase on a homestead to be paid to the school
3005+12 corporation determined under subsection (d), and the estimated average
3006+13 percentage of property tax increase on a business property to be paid
3007+14 to the school corporation determined under subsection (e), in a manner
3008+15 prescribed by the department of local government finance, and provide
3009+16 the certification to the governing body of the school corporation that
3010+17 proposes to impose property taxes.
3011+18 SECTION 58. IC 20-46-9-14, AS AMENDED BY P.L.109-2021,
3012+19 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3013+20 JANUARY 1, 2024]: Sec. 14. (a) The referendum shall be held in the
3014+21 next primary election, general election, or municipal election
3015+22 permitted under IC 3-10-9-3(a) in which all the registered voters who
3016+23 are residents of the school corporation are entitled to vote after
3017+24 certification of the question under IC 3-10-9-3. The certification of the
3018+25 question must occur not later than noon
3019+26 (1) seventy-four (74) days before a primary election if the
3020+27 question is to be placed on the primary or municipal primary
3021+28 election ballot; or
3022+29 (2) August 1. if the question is to be placed on the general or
3023+30 municipal election ballot.
3024+31 (b) However, if a primary election, general election, or municipal
3025+32 election will not be held during the first year in which the public
3026+33 question is eligible to be placed on the ballot under this chapter and if
3027+34 the school corporation requests the public question to be placed on the
3028+35 ballot at a special election, the public question shall be placed on the
3029+36 ballot at a special election to be held on the first Tuesday after the first
3030+37 Monday in May or November of the year. The certification must occur
3031+38 not later than noon:
3032+39 (1) sixty (60) days before a special election to be held in May (if
3033+40 the special election is to be held in May); or
3034+41 (2) August 1 (if the special election is to be held in November).
3035+42 (c) If the referendum is not conducted at a primary election, general
3036+SB 224—LS 7130/DI 144 71
3037+1 election, or municipal election, the school corporation in which the
3038+2 referendum is to be held shall pay all the costs of holding the
3039+3 referendum.
3040+4 SECTION 59. IC 36-1-1.5-8, AS ADDED BY P.L.234-2013,
3041+5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3042+6 JANUARY 1, 2024]: Sec. 8. The following apply if the voters of an
3043+7 eligible municipality file a sufficient petition under section 7 of this
3044+8 chapter:
3045+9 (1) The clerk of the eligible municipality shall certify the petition
3046+10 to the county election board.
3047+11 (2) A special election on The public question shall be held in the
3048+12 eligible municipality in the manner prescribed by IC 3-10-8-6.
3049+13 The special election shall be held on a date that:
3050+14 (A) is determined by the legislative body of the eligible
29703051 15 municipality; and
2971-16 (B) (ii) is not more than one (1) year after the date on which
2972-17 the clerk of the eligible municipality certifies the petition to
2973-18 the county election board; or
2974-19 (B) if the county in which the eligible municipality is
2975-20 located is not designated as a vote center county under
2976-21 IC 3-11-18.1, at the next election permitted under
2977-22 IC 3-10-9-3(a).
2978-23 (3) The clerk of the eligible municipality shall give notice of the
2979-24 special election by publication in the manner prescribed by
2980-25 IC 5-3-1.
2981-26 (4) If a special election is held, the eligible municipality shall
2982-27 pay the costs of holding the special election.
2983-28 (5) The county election board shall place the following question
2984-29 on the ballot in the eligible municipality:
2985-30 "Shall the territory of _____________ (insert the name of the
2986-31 eligible municipality) be transferred from _____________
2987-32 (insert the name of the transferor township) to an adjacent
2988-33 township?".
2989-34 (6) After the special election on the public question is held, the
2990-35 county election board:
2991-36 (A) shall file with the clerk of the eligible municipality the
2992-37 results of the special election for each precinct of the eligible
2993-38 municipality in the manner prescribed by IC 3-12-4; and
2994-39 (B) shall certify a copy of the results of the special election to:
2995-40 (i) the county auditor;
2996-41 (ii) the legislative body and executive of the eligible
2997-42 municipality; and
2998-SB 224—LS 7130/DI 144 70
2999-1 (iii) the legislative body and executive of each township that
3000-2 includes territory of the eligible municipality.
3001-3 SECTION 54. IC 36-1-1.5-9, AS AMENDED BY P.L.143-2020,
3002-4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3003-5 JANUARY 1, 2024]: Sec. 9. The following apply if at least two-thirds
3004-6 (2/3) of the voters voting in a special election on the public question
3005-7 under this chapter vote "yes" on the public question: under this chapter:
3006-8 (1) The legislative body of the eligible municipality may, within
3007-9 two (2) years after the special election, submit a petition to one
3008-10 (1) or more adjacent townships requesting an adjacent township
3009-11 to accept the transfer of the territory of the eligible municipality
3010-12 that is within the transferor township.
3011-13 (2) The legislative body of an adjacent township that receives a
3012-14 petition under subdivision (1) may adopt a resolution accepting
3013-15 the transfer of the territory of the eligible municipality that is
3014-16 within the transferor township and specifying the date on which
3015-17 the transfer is effective, if the legislative body of the adjacent
3016-18 township adopts a resolution accepting the transfer of the territory
3017-19 of the eligible municipality before the later of:
3018-20 (A) December 31 of the calendar year in which the petition
3019-21 under subdivision (1) is received; or
3020-22 (B) the ninetieth day following the date on which the petition
3021-23 under subdivision (1) is received.
3022-24 (3) If the legislative body of the eligible municipality submits one
3023-25 (1) or more petitions to one (1) or more adjacent townships under
3024-26 subdivision (1) within two (2) years after the special election, but
3025-27 a resolution accepting the transfer of the territory of the eligible
3026-28 municipality within the transferor township is not adopted by the
3027-29 legislative body of an adjacent township before July 1, 2020, the
3028-30 territory of the eligible municipality is automatically transferred
3029-31 to and becomes part of the adjacent township with the greatest
3030-32 assessed value. A transfer under this subdivision is effective
3031-33 January 1, 2022, and the assessed value of property located in the
3032-34 territory of the eligible municipality that is located in the
3033-35 transferor township shall be used in preparing the 2022 budget of
3034-36 the receiving township.
3035-37 (4) If the legislative body of the eligible municipality does not
3036-38 submit a petition to one (1) or more adjacent townships under
3037-39 subdivision (1) within two (2) years after the special election:
3038-40 (A) the territory of the eligible municipality may not be
3039-41 transferred under this chapter; and
3040-42 (B) a subsequent special election under this chapter may not
3041-SB 224—LS 7130/DI 144 71
3042-1 be held in the eligible municipality.
3043-2 (5) If the transferor township issues or otherwise incurs
3044-3 indebtedness after June 30, 2020, the transferring township
3045-4 excluding the eligible municipality is obligated to repay the
3046-5 indebtedness and the eligible municipality is not obligated to
3047-6 repay the indebtedness.
3048-7 SECTION 55. IC 36-1-1.5-10, AS ADDED BY P.L.234-2013,
3049-8 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3050-9 JANUARY 1, 2024]: Sec. 10. If less than two-thirds (2/3) of the voters
3051-10 voting in a special election on the public question under this chapter
3052-11 vote "yes" on the public question: under this chapter:
3053-12 (1) the territory of the eligible municipality may not be transferred
3054-13 under this chapter; and
3055-14 (2) a subsequent special election under this chapter may not be
3056-15 held in the eligible municipality.
3057-16 SECTION 56. IC 36-1.5-4-28, AS AMENDED BY P.L.216-2015,
3058-17 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3059-18 JANUARY 1, 2024]: Sec. 28. (a) A public question under this chapter
3060-19 shall be placed on the ballot in all of the precincts that are located in
3061-20 the reorganizing political subdivisions in substantially the following
3062-21 form:
3063-22 (Insert a brief description of the structure of the proposed
3064-23 reorganized political subdivision that will succeed the
3065-24 reorganizing political subdivisions.)
3066-25 "Shall _________ (insert name of political subdivision) and
3067-26 _________ (insert name of political subdivision) reorganize as a
3068-27 single political subdivision?".
3069-28 (b) The public question must appear on the ballot in the form
3070-29 approved by the county election board. A brief description of the
3071-30 reorganized political subdivision that will succeed the reorganizing
3072-31 political subdivisions, and the public question described in subsection
3073-32 (a), shall be placed on the ballot in the form prescribed by IC 3-10-9-4.
3074-33 The county election board shall submit the language to the department
3075-34 of local government finance for review.
3076-35 (c) The department of local government finance shall review the
3077-36 language of the public question to evaluate whether the description of
3078-37 the reorganized political subdivision that will succeed the reorganizing
3079-38 political subdivisions is accurate and is not biased against either a vote
3080-39 in favor of the reorganization or a vote against the reorganization. The
3081-40 department of local government finance may:
3082-41 (1) approve the ballot language as submitted; or
3083-42 (2) modify the ballot language as necessary to ensure that the
3052+16 (B) is not more than one (1) year after the date on which the
3053+17 clerk of the eligible municipality certifies the petition to the
3054+18 county election board.
3055+19 at the next election permitted under IC 3-10-9-3(a).
3056+20 (3) The clerk of the eligible municipality shall give notice of the
3057+21 special election by publication in the manner prescribed by
3058+22 IC 5-3-1.
3059+23 (4) The eligible municipality shall pay the costs of holding the
3060+24 special election.
3061+25 (5) (4) The county election board shall place the following
3062+26 question on the ballot in the eligible municipality:
3063+27 "Shall the territory of _____________ (insert the name of the
3064+28 eligible municipality) be transferred from _____________
3065+29 (insert the name of the transferor township) to an adjacent
3066+30 township?".
3067+31 (6) (5) After the special election on the public question is held,
3068+32 the county election board:
3069+33 (A) shall file with the clerk of the eligible municipality the
3070+34 results of the special election for each precinct of the eligible
3071+35 municipality in the manner prescribed by IC 3-12-4; and
3072+36 (B) shall certify a copy of the results of the special election to:
3073+37 (i) the county auditor;
3074+38 (ii) the legislative body and executive of the eligible
3075+39 municipality; and
3076+40 (iii) the legislative body and executive of each township that
3077+41 includes territory of the eligible municipality.
3078+42 SECTION 60. IC 36-1-1.5-9, AS AMENDED BY P.L.143-2020,
30843079 SB 224—LS 7130/DI 144 72
3085-1 description of the reorganized political subdivision that will
3086-2 succeed the reorganizing political subdivisions is accurate and is
3087-3 not biased.
3088-4 The department of local government finance shall certify its approval
3089-5 or recommendations to the county election board not more than ten
3090-6 (10) days after the language of the public question is submitted to the
3091-7 department for review. If the department of local government finance
3092-8 recommends a modification to the ballot language, the county election
3093-9 board shall, after reviewing the recommendations of the department of
3094-10 local government finance, submit modified ballot language to the
3095-11 department for the department's approval or recommendation of any
3096-12 additional modifications. The public question may not be certified
3097-13 under IC 3-10-9-3 unless the department of local government finance
3098-14 has first certified the department's final approval of the ballot language
3099-15 for the public question to the county recorder.
3100-16 (d) When the county recorder receives final approval of the ballot
3101-17 language under this section, the county recorder shall immediately
3102-18 certify the public question to the county election board under
3103-19 IC 3-10-9-3 and file a notice of the certification with the county
3104-20 auditor. The county election board shall place the public question on
3105-21 the ballot in accordance with IC 3-10-9 at the next:
3106-22 (1) regularly scheduled general or municipal election that will
3107-23 occur in all of the precincts of the reorganizing political
3108-24 subdivisions, if all of the counties in which the reorganizing
3109-25 political subdivisions are located are designated as vote center
3110-26 counties under IC 3-11-18.1; or
3111-27 (2) election permitted under IC 3-10-9-3(a) that will occur in
3112-28 all of the precincts of the reorganizing political subdivisions,
3113-29 if one (1) of the counties in which the reorganizing political
3114-30 subdivisions are located is not designated as a vote center
3115-31 county under IC 3-11-18.1.
3116-32 SECTION 57. IC 36-2-1-2, AS AMENDED BY P.L.104-2022,
3117-33 SECTION 145, IS AMENDED TO READ AS FOLLOWS
3118-34 [EFFECTIVE JANUARY 1, 2024]: Sec. 2. (a) If the resident voters in
3119-35 a specified territory in two (2) or more contiguous counties desire to
3120-36 change the boundaries of their respective counties, they may file a
3121-37 petition with the executives of their respective counties requesting that
3122-38 the territory be transferred. The petition must:
3123-39 (1) be signed by at least the number of voters resident in the
3124-40 territory requested to be transferred required to place a candidate
3125-41 on the ballot under IC 3-8-6-3;
3126-42 (2) contain a clear, distinct description of the requested boundary
3080+1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3081+2 JANUARY 1, 2024]: Sec. 9. The following apply if at least two-thirds
3082+3 (2/3) of the voters voting in a special election on the public question
3083+4 under this chapter vote "yes" on the public question: under this chapter:
3084+5 (1) The legislative body of the eligible municipality may, within
3085+6 two (2) years after the special election, submit a petition to one
3086+7 (1) or more adjacent townships requesting an adjacent township
3087+8 to accept the transfer of the territory of the eligible municipality
3088+9 that is within the transferor township.
3089+10 (2) The legislative body of an adjacent township that receives a
3090+11 petition under subdivision (1) may adopt a resolution accepting
3091+12 the transfer of the territory of the eligible municipality that is
3092+13 within the transferor township and specifying the date on which
3093+14 the transfer is effective, if the legislative body of the adjacent
3094+15 township adopts a resolution accepting the transfer of the territory
3095+16 of the eligible municipality before the later of:
3096+17 (A) December 31 of the calendar year in which the petition
3097+18 under subdivision (1) is received; or
3098+19 (B) the ninetieth day following the date on which the petition
3099+20 under subdivision (1) is received.
3100+21 (3) If the legislative body of the eligible municipality submits one
3101+22 (1) or more petitions to one (1) or more adjacent townships under
3102+23 subdivision (1) within two (2) years after the special election, but
3103+24 a resolution accepting the transfer of the territory of the eligible
3104+25 municipality within the transferor township is not adopted by the
3105+26 legislative body of an adjacent township before July 1, 2020, the
3106+27 territory of the eligible municipality is automatically transferred
3107+28 to and becomes part of the adjacent township with the greatest
3108+29 assessed value. A transfer under this subdivision is effective
3109+30 January 1, 2022, and the assessed value of property located in the
3110+31 territory of the eligible municipality that is located in the
3111+32 transferor township shall be used in preparing the 2022 budget of
3112+33 the receiving township.
3113+34 (4) If the legislative body of the eligible municipality does not
3114+35 submit a petition to one (1) or more adjacent townships under
3115+36 subdivision (1) within two (2) years after the special election:
3116+37 (A) the territory of the eligible municipality may not be
3117+38 transferred under this chapter; and
3118+39 (B) a subsequent special election under this chapter may not
3119+40 be held in the eligible municipality.
3120+41 (5) If the transferor township issues or otherwise incurs
3121+42 indebtedness after June 30, 2020, the transferring township
31273122 SB 224—LS 7130/DI 144 73
3128-1 change; and
3129-2 (3) not propose to decrease the area of any county below four
3130-3 hundred (400) square miles in compliance with Article 15,
3131-4 Section 7 of the Constitution of the State of Indiana.
3132-5 (b) Whenever a petition under subsection (a) is filed with a county
3133-6 executive, the executive shall determine, at its first meeting after the
3134-7 petition is filed:
3135-8 (1) whether the signatures on the petition are genuine; and
3136-9 (2) whether the petition complies with subsection (a).
3137-10 (c) If the determinations under subsection (b) are affirmative, the
3138-11 executive shall certify the question to the county election board of each
3139-12 affected county. The county election boards shall jointly order:
3140-13 (1) if all of the counties are designated as vote center counties
3141-14 under IC 3-11-18.1, a special election to be held scheduling the
3142-15 election so that the election is held on the same date in each
3143-16 county interested in the change, but not later than thirty (30) days
3144-17 and not on the same date as a general election; or
3145-18 (2) if one (1) or more of the counties is not designated as a vote
3146-19 center county under IC 3-11-18.1, an election to be held at the
3147-20 next election permitted under IC 3-10-9-3, scheduling the
3148-21 election so that the election is held on the same date in each
3149-22 county interested in the change.
3150-23 The An election held under subdivision (1) shall be conducted under
3151-24 IC 3-10-8-6. All voters of each interested county are entitled to vote on
3152-25 the question. The question shall be placed on the ballot in the form
3153-26 prescribed by IC 3-10-9-4 and must state "Shall the boundaries of
3154-27 __________ County and ____________ County change?".
3155-28 (d) After an election under subsection (c), the clerk of each county
3156-29 shall make a certified copy of the election returns and not later than
3157-30 five (5) days after the election file the copy with the auditor of the
3158-31 county. The auditor shall, not later than five (5) days after the filing of
3159-32 the returns in the auditor's office, make a true and complete copy of the
3160-33 returns, certified under the auditor's hand and seal, and deposit the copy
3161-34 with the auditor of every other county interested in the change.
3162-35 (e) After copies have been filed under subsection (d), the auditor of
3163-36 each county shall call a meeting of the executive of the county, which
3164-37 shall examine the returns. If a majority of the voters of each interested
3165-38 county voted in favor of change, the executive shall:
3166-39 (1) enter an order declaring their boundaries to be changed as
3167-40 described in the petition; and
3168-41 (2) if the county has received territory from the transfer, adopt
3169-42 revised descriptions of:
3123+1 excluding the eligible municipality is obligated to repay the
3124+2 indebtedness and the eligible municipality is not obligated to
3125+3 repay the indebtedness.
3126+4 SECTION 61. IC 36-1-1.5-10, AS ADDED BY P.L.234-2013,
3127+5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3128+6 JANUARY 1, 2024]: Sec. 10. If less than two-thirds (2/3) of the voters
3129+7 voting in a special election on the public question under this chapter
3130+8 vote "yes" on the public question: under this chapter:
3131+9 (1) the territory of the eligible municipality may not be transferred
3132+10 under this chapter; and
3133+11 (2) a subsequent special election under this chapter may not be
3134+12 held in the eligible municipality.
3135+13 SECTION 62. IC 36-1.5-4-28, AS AMENDED BY P.L.216-2015,
3136+14 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3137+15 JANUARY 1, 2024]: Sec. 28. (a) A public question under this chapter
3138+16 shall be placed on the ballot in all of the precincts that are located in
3139+17 the reorganizing political subdivisions in substantially the following
3140+18 form:
3141+19 (Insert a brief description of the structure of the proposed
3142+20 reorganized political subdivision that will succeed the
3143+21 reorganizing political subdivisions.)
3144+22 "Shall _________ (insert name of political subdivision) and
3145+23 _________ (insert name of political subdivision) reorganize as a
3146+24 single political subdivision?".
3147+25 (b) The public question must appear on the ballot in the form
3148+26 approved by the county election board. A brief description of the
3149+27 reorganized political subdivision that will succeed the reorganizing
3150+28 political subdivisions, and the public question described in subsection
3151+29 (a), shall be placed on the ballot in the form prescribed by IC 3-10-9-4.
3152+30 The county election board shall submit the language to the department
3153+31 of local government finance for review.
3154+32 (c) The department of local government finance shall review the
3155+33 language of the public question to evaluate whether the description of
3156+34 the reorganized political subdivision that will succeed the reorganizing
3157+35 political subdivisions is accurate and is not biased against either a vote
3158+36 in favor of the reorganization or a vote against the reorganization. The
3159+37 department of local government finance may:
3160+38 (1) approve the ballot language as submitted; or
3161+39 (2) modify the ballot language as necessary to ensure that the
3162+40 description of the reorganized political subdivision that will
3163+41 succeed the reorganizing political subdivisions is accurate and is
3164+42 not biased.
31703165 SB 224—LS 7130/DI 144 74
3171-1 (A) county commissioner districts under IC 36-2-2-4; and
3172-2 (B) county council districts under IC 36-2-3-4;
3173-3 so that the transferred territory is assigned to at least one (1) county
3174-4 commissioner district and at least one (1) county council district.
3175-5 (f) The executive of each county shall file a copy of the order
3176-6 described in subsection (e)(1) with:
3177-7 (1) the office of the secretary of state; and
3178-8 (2) the circuit court clerk of the county.
3179-9 The transfer of territory becomes effective when the last county order
3180-10 is filed under this subsection.
3181-11 (g) An election under this section may be held only once every three
3182-12 (3) years.
3183-13 SECTION 58. IC 36-4-1.5-2, AS AMENDED BY P.L.76-2014,
3184-14 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3185-15 JANUARY 1, 2024]: Sec. 2. A town may be changed into a city
3186-16 through the following:
3187-17 (1) The town legislative body must adopt a resolution submitting
3188-18 to the town's voters the question of whether the town should be
3189-19 changed into a city. The town legislative body shall adopt a
3190-20 resolution described in this subdivision if at least the number of
3191-21 registered voters of the town equal to ten percent (10%) of the
3192-22 total votes cast in the town at the last election for secretary of
3193-23 state sign a petition requesting the town legislative body to adopt
3194-24 such a resolution. In determining the number of signatures
3195-25 required under this subdivision, any fraction that exceeds a whole
3196-26 number shall be disregarded.
3197-27 (2) The town legislative body must adopt the resolution under
3198-28 subdivision (1) not later than thirty (30) days after the date on
3199-29 which a petition having a sufficient number of signatures is filed.
3200-30 If the town is located in a county that is not designated as a
3201-31 vote center county under IC 3-11-18.1, a resolution adopted
3202-32 under subdivision (1) must fix the date for an the election on the
3203-33 question of whether the town should be changed into a city as
3204-34 follows: the date of the next election permitted under
3205-35 IC 3-10-9-3(a). The resolution must be certified in accordance
3206-36 with IC 3-10-9-3. If the town is located in a county that is
3207-37 designated as a vote center county under IC 3-11-18.1, a
3208-38 resolution adopted under subdivision (1) must fix the date for
3209-39 the election as follows:
3210-40 (A) If the election is to be on the same date as a general
3211-41 election or municipal election:
3212-42 (i) the resolution must state that fact and be certified in
3166+1 The department of local government finance shall certify its approval
3167+2 or recommendations to the county election board not more than ten
3168+3 (10) days after the language of the public question is submitted to the
3169+4 department for review. If the department of local government finance
3170+5 recommends a modification to the ballot language, the county election
3171+6 board shall, after reviewing the recommendations of the department of
3172+7 local government finance, submit modified ballot language to the
3173+8 department for the department's approval or recommendation of any
3174+9 additional modifications. The public question may not be certified
3175+10 under IC 3-10-9-3 unless the department of local government finance
3176+11 has first certified the department's final approval of the ballot language
3177+12 for the public question to the county recorder.
3178+13 (d) When the county recorder receives final approval of the ballot
3179+14 language under this section, the county recorder shall immediately
3180+15 certify the public question to the county election board under
3181+16 IC 3-10-9-3 and file a notice of the certification with the county
3182+17 auditor. The county election board shall place the public question on
3183+18 the ballot in accordance with IC 3-10-9 at the next regularly scheduled
3184+19 general or municipal election permitted under IC 3-10-9-3(a) that
3185+20 will occur in all of the precincts of the reorganizing political
3186+21 subdivisions.
3187+22 SECTION 63. IC 36-2-1-2, AS AMENDED BY P.L.104-2022,
3188+23 SECTION 145, IS AMENDED TO READ AS FOLLOWS
3189+24 [EFFECTIVE JANUARY 1, 2024]: Sec. 2. (a) If the resident voters in
3190+25 a specified territory in two (2) or more contiguous counties desire to
3191+26 change the boundaries of their respective counties, they may file a
3192+27 petition with the executives of their respective counties requesting that
3193+28 the territory be transferred. The petition must:
3194+29 (1) be signed by at least the number of voters resident in the
3195+30 territory requested to be transferred required to place a candidate
3196+31 on the ballot under IC 3-8-6-3;
3197+32 (2) contain a clear, distinct description of the requested boundary
3198+33 change; and
3199+34 (3) not propose to decrease the area of any county below four
3200+35 hundred (400) square miles in compliance with Article 15,
3201+36 Section 7 of the Constitution of the State of Indiana.
3202+37 (b) Whenever a petition under subsection (a) is filed with a county
3203+38 executive, the executive shall determine, at its first meeting after the
3204+39 petition is filed:
3205+40 (1) whether the signatures on the petition are genuine; and
3206+41 (2) whether the petition complies with subsection (a).
3207+42 (c) If the determinations under subsection (b) are affirmative, the
32133208 SB 224—LS 7130/DI 144 75
3214-1 accordance with IC 3-10-9-3; and
3215-2 (ii) the election must be held on the date of the next general
3216-3 election or municipal election, whichever is earlier, at which
3217-4 the question can be placed on the ballot under IC 3-10-9.
3218-5 (B) If the election is to be a special election, the date must be:
3219-6 (i) not less than seventy-four (74) and not more than one
3220-7 hundred four (104) days after the notice of the election; and
3221-8 (ii) not later than the next general election or municipal
3222-9 election, whichever is earlier, at which the question can be
3223-10 placed on the ballot under IC 3-10-9.
3224-11 (3) The town legislative body shall file a copy of the resolution
3225-12 adopted under subdivision (1) with the circuit court clerk of each
3226-13 county in which the town is located. The circuit court clerk shall
3227-14 immediately certify the resolution to the county election board.
3228-15 (4) If the town is located in a county that is designated as a
3229-16 vote center county under IC 3-11-18.1, the county election
3230-17 board shall give notice of the election in the manner prescribed by
3231-18 IC 3-8-2-19. For any election held under this section, IC 3-10-6
3232-19 applies to the election.
3233-20 (5) The question described in subdivision (1) shall be placed on
3234-21 the ballot in the form prescribed by IC 3-10-9-4. The text of the
3235-22 question shall be: "Shall the town of _________ change into a
3236-23 city?".
3237-24 (6) If a majority of the voters voting on the question described in
3238-25 subdivision (1) vote "yes", the town is changed into a city as
3239-26 provided in this chapter. If a majority of the voters voting on the
3240-27 question vote "no", the town remains a town.
3241-28 SECTION 59. IC 36-4-2-2 IS AMENDED TO READ AS
3242-29 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 2. (a) If the
3243-30 legislative bodies of two (2) or more adjoining municipalities each
3244-31 agree, by resolution, on:
3245-32 (1) the date of an election to consider the merger of the
3246-33 municipalities; and
3247-34 (2) the name by which the municipality formed by the merger
3248-35 would be known;
3249-36 the municipalities shall certify the question to the county election
3250-37 board. The board shall conduct an election to consider the merger. If
3251-38 one (1) or more of the municipalities are located in a county that is
3252-39 not designated as a vote center county under IC 3-11-18.1, the
3253-40 board shall conduct the election at the next general election that is
3254-41 not a general municipal election. The election shall be held in each
3255-42 of the municipalities.
3209+1 executive shall certify the question to the county election board of each
3210+2 affected county. The county election boards shall jointly order a special
3211+3 an election to be held at the next election permitted under
3212+4 IC 3-10-9-3(a), scheduling the election so that the election is held on
3213+5 the same date in each county interested in the change. but not later than
3214+6 thirty (30) days and not on the same date as a general election. The
3215+7 election shall be conducted under IC 3-10-8-6. All voters of each
3216+8 interested county are entitled to vote on the question. The question
3217+9 shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and
3218+10 must state "Shall the boundaries of __________ County and
3219+11 ____________ County change?".
3220+12 (d) After an election under subsection (c), the clerk of each county
3221+13 shall make a certified copy of the election returns and not later than
3222+14 five (5) days after the election file the copy with the auditor of the
3223+15 county. The auditor shall, not later than five (5) days after the filing of
3224+16 the returns in the auditor's office, make a true and complete copy of the
3225+17 returns, certified under the auditor's hand and seal, and deposit the copy
3226+18 with the auditor of every other county interested in the change.
3227+19 (e) After copies have been filed under subsection (d), the auditor of
3228+20 each county shall call a meeting of the executive of the county, which
3229+21 shall examine the returns. If a majority of the voters of each interested
3230+22 county voted in favor of change, the executive shall:
3231+23 (1) enter an order declaring their boundaries to be changed as
3232+24 described in the petition; and
3233+25 (2) if the county has received territory from the transfer, adopt
3234+26 revised descriptions of:
3235+27 (A) county commissioner districts under IC 36-2-2-4; and
3236+28 (B) county council districts under IC 36-2-3-4;
3237+29 so that the transferred territory is assigned to at least one (1) county
3238+30 commissioner district and at least one (1) county council district.
3239+31 (f) The executive of each county shall file a copy of the order
3240+32 described in subsection (e)(1) with:
3241+33 (1) the office of the secretary of state; and
3242+34 (2) the circuit court clerk of the county.
3243+35 The transfer of territory becomes effective when the last county order
3244+36 is filed under this subsection.
3245+37 (g) An election under this section may be held only once every three
3246+38 (3) years.
3247+39 SECTION 64. IC 36-4-1.5-2, AS AMENDED BY P.L.76-2014,
3248+40 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3249+41 JANUARY 1, 2024]: Sec. 2. A town may be changed into a city
3250+42 through the following:
32563251 SB 224—LS 7130/DI 144 76
3257-1 (b) Notice of an election under this section shall be given in each
3258-2 municipality by publication in the manner prescribed by IC 5-3-1.
3259-3 (c) An election under this section shall be held in each municipality.
3260-4 If all of the municipalities are located in counties designated as vote
3261-5 center counties under IC 3-11-18.1, the election shall be held in the
3262-6 manner prescribed by IC 3-10-8-6. The question shall be placed on the
3263-7 ballot in the form prescribed by IC 3-10-9-4 and must state "Shall
3264-8 ______ and _____ merge and become the (City or Town) of _____?".
3265-9 (d) The election board shall report the results of the election to each
3266-10 legislative body, and a certified copy of the result of the election in
3267-11 each municipality shall be filed with the legislative body of each of the
3268-12 municipalities involved in the election.
3269-13 (e) If a majority of the votes cast in each of the municipalities is in
3270-14 favor of the merger, the municipalities are merged under the terms
3271-15 prescribed by this section and sections 9 through 17 of this chapter. A
3272-16 certified copy of the agreement, and of the result of the election, shall
3273-17 be filed in the office of the recorder of the county or counties in which
3274-18 the new municipality is located. The agreement must be:
3275-19 (1) signed by the municipal executive;
3276-20 (2) attested by the clerk; and
3277-21 (3) sealed with the seal;
3278-22 of each of the constituent municipalities. Copies of the record shall be
3279-23 received in all courts and places as conclusive of the merger of the
3280-24 municipality under the name agreed on.
3281-25 SECTION 60. IC 36-4-2-3, AS AMENDED BY P.L.127-2017,
3282-26 SECTION 122, IS AMENDED TO READ AS FOLLOWS
3283-27 [EFFECTIVE JANUARY 1, 2024]: Sec. 3. (a) If each of the clerks of
3284-28 two (2) or more adjoining municipalities receives a written petition:
3285-29 (1) signed by at least ten percent (10%) of the qualified voters of
3286-30 the municipality, as determined by the votes cast in the
3287-31 municipality for secretary of state at the most recent general
3288-32 election;
3289-33 (2) requesting that a special an election be held to determine
3290-34 whether the municipalities should be merged into one (1)
3291-35 municipality; and
3292-36 (3) stating the name by which the proposed municipality will be
3293-37 known;
3294-38 the clerk shall deliver a certified copy of the petition to the clerk of
3295-39 every other municipality involved in the proposed merger, and the
3296-40 respective legislative bodies of the municipalities shall hold an election
3297-41 in each municipality.
3298-42 (b) An affidavit of one (1) or more freeholders of the municipality,
3252+1 (1) The town legislative body must adopt a resolution submitting
3253+2 to the town's voters the question of whether the town should be
3254+3 changed into a city. The town legislative body shall adopt a
3255+4 resolution described in this subdivision if at least the number of
3256+5 registered voters of the town equal to ten percent (10%) of the
3257+6 total votes cast in the town at the last election for secretary of
3258+7 state sign a petition requesting the town legislative body to adopt
3259+8 such a resolution. In determining the number of signatures
3260+9 required under this subdivision, any fraction that exceeds a whole
3261+10 number shall be disregarded.
3262+11 (2) The town legislative body must adopt the resolution under
3263+12 subdivision (1) not later than thirty (30) days after the date on
3264+13 which a petition having a sufficient number of signatures is filed.
3265+14 A resolution adopted under subdivision (1) must fix the date for
3266+15 an the election on the question of whether the town should be
3267+16 changed into a city as follows: the date of the next election
3268+17 permitted under IC 3-10-9-3(a).
3269+18 (A) If the election is to be on the same date as a general
3270+19 election or municipal election:
3271+20 (i) The resolution must state that fact and be certified in
3272+21 accordance with IC 3-10-9-3. and
3273+22 (ii) the election must be held on the date of the next general
3274+23 election or municipal election, whichever is earlier, at which
3275+24 the question can be placed on the ballot under IC 3-10-9.
3276+25 (B) If the election is to be a special election, the date must be:
3277+26 (i) not less than seventy-four (74) and not more than one
3278+27 hundred four (104) days after the notice of the election; and
3279+28 (ii) not later than the next general election or municipal
3280+29 election, whichever is earlier, at which the question can be
3281+30 placed on the ballot under IC 3-10-9.
3282+31 (3) The town legislative body shall file a copy of the resolution
3283+32 adopted under subdivision (1) with the circuit court clerk of each
3284+33 county in which the town is located. The circuit court clerk shall
3285+34 immediately certify the resolution to the county election board.
3286+35 (4) The county election board shall give notice of the election in
3287+36 the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies to the
3288+37 election.
3289+38 (5) The question described in subdivision (1) shall be placed on
3290+39 the ballot in the form prescribed by IC 3-10-9-4. The text of the
3291+40 question shall be: "Shall the town of _________ change into a
3292+41 city?".
3293+42 (6) If a majority of the voters voting on the question described in
32993294 SB 224—LS 7130/DI 144 77
3300-1 stating that the persons who signed the petition are legal voters of the
3301-2 municipality, must be attached to each petition filed under this section.
3302-3 An affidavit filed under this section is conclusive evidence of the facts
3303-4 stated in the affidavit.
3304-5 SECTION 61. IC 36-4-2-4 IS AMENDED TO READ AS
3305-6 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 4. (a) If petitions
3306-7 are filed under section 3 of this chapter, the legislative body of each
3307-8 municipality involved in the proposed merger shall meet and by
3308-9 resolution fix a the date for the election. The date must be the same in
3309-10 each of the municipalities. and If one (1) or more of the
3310-11 municipalities are located in a county that is not designated as a
3311-12 vote center county under IC 3-11-18.1, the resolution must fix the
3312-13 date for the election for the date of the next general election that is
3313-14 not a general municipal election. If all of the municipalities are
3314-15 located in counties designated as vote center counties under
3315-16 IC 3-11-18.1, the election may not be more than three (3) months after
3316-17 the date of the filing of the petitions.
3317-18 (b) Notice of an election under section 3 of this chapter must be
3318-19 given by publication in each municipality in the manner prescribed by
3319-20 IC 5-3-1.
3320-21 SECTION 62. IC 36-4-2-6 IS AMENDED TO READ AS
3321-22 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 6. (a) An election
3322-23 held under section 3 of this chapter shall be held in each municipality.
3323-24 If all of the municipalities are located in counties designated as vote
3324-25 center counties under IC 3-11-18.1:
3325-26 (1) the election shall be held in the manner prescribed by
3326-27 IC 3-10-8-6; and
3327-28 (2) each municipality is responsible for the expense of the
3328-29 election within its own corporate boundaries.
3329-30 (b) A voter in an election held under section 3 of this chapter may:
3330-31 (1) vote "Yes" or "No" on the proposed merger; and
3331-32 (2) vote in favor of one (1) proposed name listed on the ballot
3332-33 under section 5 of this chapter.
3333-34 SECTION 63. IC 36-5-1-8, AS AMENDED BY P.L.216-2015,
3334-35 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3335-36 JANUARY 1, 2024]: Sec. 8. (a) The county executive may approve a
3336-37 petition for incorporation only if it finds all of the following:
3337-38 (1) That the proposed town is used or will, in the reasonably
3338-39 foreseeable future, be used generally for commercial, industrial,
3339-40 residential, or similar purposes.
3340-41 (2) That the proposed town is reasonably compact and contiguous.
3341-42 (3) That the proposed town includes enough territory to allow for
3295+1 subdivision (1) vote "yes", the town is changed into a city as
3296+2 provided in this chapter. If a majority of the voters voting on the
3297+3 question vote "no", the town remains a town.
3298+4 SECTION 65. IC 36-4-2-2 IS AMENDED TO READ AS
3299+5 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 2. (a) If the
3300+6 legislative bodies of two (2) or more adjoining municipalities each
3301+7 agree, by resolution, on:
3302+8 (1) the date of an election to consider the merger of the
3303+9 municipalities; and
3304+10 (2) the name by which the municipality formed by the merger
3305+11 would be known;
3306+12 the municipalities shall certify the question to the county election
3307+13 board. The board shall conduct an election to consider the merger at
3308+14 the next general election that is not a general municipal election.
3309+15 The election shall be held in each of the municipalities.
3310+16 (b) Notice of an election under this section shall be given in each
3311+17 municipality by publication in the manner prescribed by IC 5-3-1.
3312+18 (c) An election under this section shall be held in each municipality.
3313+19 in the manner prescribed by IC 3-10-8-6. The question shall be placed
3314+20 on the ballot in the form prescribed by IC 3-10-9-4 and must state
3315+21 "Shall ______ and _____ merge and become the (City or Town) of
3316+22 _____?".
3317+23 (d) The election board shall report the results of the election to each
3318+24 legislative body, and a certified copy of the result of the election in
3319+25 each municipality shall be filed with the legislative body of each of the
3320+26 municipalities involved in the election.
3321+27 (e) If a majority of the votes cast in each of the municipalities is in
3322+28 favor of the merger, the municipalities are merged under the terms
3323+29 prescribed by this section and sections 9 through 17 of this chapter. A
3324+30 certified copy of the agreement, and of the result of the election, shall
3325+31 be filed in the office of the recorder of the county or counties in which
3326+32 the new municipality is located. The agreement must be:
3327+33 (1) signed by the municipal executive;
3328+34 (2) attested by the clerk; and
3329+35 (3) sealed with the seal;
3330+36 of each of the constituent municipalities. Copies of the record shall be
3331+37 received in all courts and places as conclusive of the merger of the
3332+38 municipality under the name agreed on.
3333+39 SECTION 66. IC 36-4-2-3, AS AMENDED BY P.L.127-2017,
3334+40 SECTION 122, IS AMENDED TO READ AS FOLLOWS
3335+41 [EFFECTIVE JANUARY 1, 2024]: Sec. 3. (a) If each of the clerks of
3336+42 two (2) or more adjoining municipalities receives a written petition:
33423337 SB 224—LS 7130/DI 144 78
3343-1 reasonable growth in the foreseeable future.
3344-2 (4) That a substantial majority of the property owners in the
3345-3 proposed town have agreed that at least six (6) of the following
3346-4 municipal services should be provided on an adequate basis:
3347-5 (A) Police protection.
3348-6 (B) Fire protection.
3349-7 (C) Street construction, maintenance, and lighting.
3350-8 (D) Sanitary sewers.
3351-9 (E) Storm sewers.
3352-10 (F) Health protection.
3353-11 (G) Parks and recreation.
3354-12 (H) Schools and education.
3355-13 (I) Planning, zoning, and subdivision control.
3356-14 (J) One (1) or more utility services.
3357-15 (K) Stream pollution control or water conservation.
3358-16 (5) That the proposed town could finance the proposed municipal
3359-17 services with a reasonable tax rate, using the current assessed
3360-18 valuation of properties as a basis for calculation.
3361-19 (6) That incorporation is in the best interest of the territory
3362-20 involved. This finding must include a consideration of:
3363-21 (A) the expected growth and governmental needs of the area
3364-22 surrounding the proposed town;
3365-23 (B) the extent to which another unit can more adequately and
3366-24 economically provide essential services and functions; and
3367-25 (C) the extent to which the incorporators are willing to enter
3368-26 into agreements under IC 36-1-7 with the largest neighboring
3369-27 municipality, if that municipality has proposed such
3370-28 agreements.
3371-29 (b) If the county executive determines that the petition satisfies the
3372-30 requirements set forth in subsection (a), the county executive may do
3373-31 any of the following:
3374-32 (1) Adopt an ordinance under section 10.1 of this chapter
3375-33 incorporating the town.
3376-34 (2) Deny the petition.
3377-35 (3) Adopt a resolution to place a public question concerning the
3378-36 incorporation on the ballot at an election. If the county is not
3379-37 designated as a vote center county under IC 3-11-18.1, the
3380-38 public question may be placed on the ballot at the next
3381-39 election permitted under IC 3-10-9-3. If the county is
3382-40 designated as a vote center county under IC 3-11-18.1, the
3383-41 county executive shall request a date for the election as follows:
3384-42 (A) If the county executive requests the public question be on
3338+1 (1) signed by at least ten percent (10%) of the qualified voters of
3339+2 the municipality, as determined by the votes cast in the
3340+3 municipality for secretary of state at the most recent general
3341+4 election;
3342+5 (2) requesting that a special an election be held to determine
3343+6 whether the municipalities should be merged into one (1)
3344+7 municipality; and
3345+8 (3) stating the name by which the proposed municipality will be
3346+9 known;
3347+10 the clerk shall deliver a certified copy of the petition to the clerk of
3348+11 every other municipality involved in the proposed merger, and the
3349+12 respective legislative bodies of the municipalities shall hold an election
3350+13 in each municipality.
3351+14 (b) An affidavit of one (1) or more freeholders of the municipality,
3352+15 stating that the persons who signed the petition are legal voters of the
3353+16 municipality, must be attached to each petition filed under this section.
3354+17 An affidavit filed under this section is conclusive evidence of the facts
3355+18 stated in the affidavit.
3356+19 SECTION 67. IC 36-4-2-4 IS AMENDED TO READ AS
3357+20 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 4. (a) If petitions
3358+21 are filed under section 3 of this chapter, the legislative body of each
3359+22 municipality involved in the proposed merger shall meet and by
3360+23 resolution fix a the date for the election for the date of the next
3361+24 general election that is not a general municipal election. The date
3362+25 must be the same in each of the municipalities. and may not be more
3363+26 than three (3) months after the date of the filing of the petitions.
3364+27 (b) Notice of an election under section 3 of this chapter must be
3365+28 given by publication in each municipality in the manner prescribed by
3366+29 IC 5-3-1.
3367+30 SECTION 68. IC 36-4-2-6 IS AMENDED TO READ AS
3368+31 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 6. (a) An election
3369+32 held under section 3 of this chapter shall be held in each municipality.
3370+33 in the manner prescribed by IC 3-10-8-6. Each municipality is
3371+34 responsible for the expense of the election within its own corporate
3372+35 boundaries.
3373+36 (b) A voter in an election held under section 3 of this chapter may:
3374+37 (1) vote "Yes" or "No" on the proposed merger; and
3375+38 (2) vote in favor of one (1) proposed name listed on the ballot
3376+39 under section 5 of this chapter.
3377+40 SECTION 69. IC 36-5-1-2, AS AMENDED BY P.L.147-2013,
3378+41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3379+42 JANUARY 1, 2024]: Sec. 2. (a) Proceedings to incorporate a town may
33853380 SB 224—LS 7130/DI 144 79
3386-1 the same date as a general election or primary election:
3387-2 (i) the resolution must state that the election is to be on the
3388-3 same date as a general or primary election, and must be
3389-4 certified in accordance with IC 3-10-9-3; and
3390-5 (ii) the election must be held on the date of the next general
3391-6 election or primary election, whichever is earlier, at which
3392-7 the question can be placed on the ballot under IC 3-10-9-3.
3393-8 (B) If a petition contains a request for a special election, the
3394-9 county executive may request that the public question
3395-10 concerning the incorporation will be on the ballot of a special
3396-11 election. An election may be considered a special election only
3397-12 if it is conducted on a date other than the date of a general
3398-13 election or primary election. The date of the special election
3399-14 must be:
3400-15 (i) at least seventy-four (74) and not more than one hundred
3401-16 four (104) days after the notice of the election is filed under
3402-17 IC 3-10-8-4; and
3403-18 (ii) not later than the next general election or primary
3404-19 election, whichever is earlier.
3405-20 If the public question is on the ballot of a special election, the
3406-21 petitioners shall pay the costs of holding the special election. If
3407-22 the county executive adopts a resolution under this subdivision,
3408-23 the county executive shall file the resolution and the petition with
3409-24 the circuit court clerk of each county that contains any part of the
3410-25 territory sought to be incorporated.
3411-26 (c) After a resolution is filed with a circuit court clerk under
3412-27 subsection (b)(3), the circuit court clerk shall certify the resolution to
3413-28 the county election board. The county election board shall place the
3414-29 following public question on the ballot:
3415-30 "Shall (insert a description of the territorial boundaries) be
3416-31 incorporated as a town?".
3417-32 Only the registered voters residing within the territory of the proposed
3418-33 town may vote on the public question.
3419-34 (d) Not earlier than sixty (60) days and not later than thirty (30) days
3420-35 before the election, the petitioners shall publish a notice in accordance
3421-36 with IC 5-3-1 in each county where the proposed town is located. The
3422-37 notice must include the following:
3423-38 (1) A description of the boundaries of the proposed town and the
3424-39 quantity of land contained in the territory of the proposed town.
3425-40 (2) The information provided under section 3(3) through 3(6) of
3426-41 this chapter.
3427-42 (3) The name, telephone number, and electronic mail address (if
3381+1 be instituted by filing a written petition in quadruplicate with the
3382+2 executive of the county that contains all or a majority of the territory
3383+3 sought to be incorporated. The petition must be signed by at least ten
3384+4 percent (10%) of the owners of land in the territory and must state the
3385+5 following:
3386+6 (1) The territory is used or will, in the reasonably foreseeable
3387+7 future, be used generally for commercial, industrial, residential,
3388+8 or similar purposes.
3389+9 (2) The territory is reasonably compact and contiguous.
3390+10 (3) There is enough undeveloped land in the territory to permit
3391+11 reasonable growth of the town.
3392+12 (4) Incorporation is in the best interests of the citizens of the
3393+13 territory.
3394+14 (5) The name, telephone number, and electronic mail address (if
3395+15 available) of the contact person for the petitioners.
3396+16 (6) If the petitioners want the incorporation to be approved by a
3397+17 public question at a special election, that the petitioners agree to
3398+18 pay the costs of the special election.
3399+19 (b) The signatures of the petitioners must be verified, and the
3400+20 verification must include a statement that the petitioners are owners of
3401+21 land in the territory sought to be incorporated.
3402+22 (c) In determining the number of petitioners, not more than one (1)
3403+23 person having an interest in a single parcel of land may be counted, and
3404+24 a person owning more than one (1) parcel of land in the area may be
3405+25 counted only once.
3406+26 (d) The petition filed under subsection (a) must be accompanied by
3407+27 the ordinance of any city required to consent to the incorporation under
3408+28 section 7 of this chapter.
3409+29 SECTION 70. IC 36-5-1-8, AS AMENDED BY P.L.216-2015,
3410+30 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3411+31 JANUARY 1, 2024]: Sec. 8. (a) The county executive may approve a
3412+32 petition for incorporation only if it finds all of the following:
3413+33 (1) That the proposed town is used or will, in the reasonably
3414+34 foreseeable future, be used generally for commercial, industrial,
3415+35 residential, or similar purposes.
3416+36 (2) That the proposed town is reasonably compact and contiguous.
3417+37 (3) That the proposed town includes enough territory to allow for
3418+38 reasonable growth in the foreseeable future.
3419+39 (4) That a substantial majority of the property owners in the
3420+40 proposed town have agreed that at least six (6) of the following
3421+41 municipal services should be provided on an adequate basis:
3422+42 (A) Police protection.
34283423 SB 224—LS 7130/DI 144 80
3429-1 available) of the contact person for the petitioners.
3430-2 (4) A statement that the petition is available for inspection and
3431-3 copying in the office of the circuit court clerk of each county
3432-4 where the proposed town is located.
3433-5 The petitioners shall submit proof of publication of the notice to the
3434-6 circuit court clerk of each county in which the proposed town is
3435-7 located. A defect in the form of the notice does not invalidate the
3436-8 petition.
3437-9 (e) If a majority of the voters residing within the territory of the
3438-10 proposed town:
3439-11 (1) vote "no" on the public question, the territory is not
3440-12 incorporated as a town, and a new petition for incorporation may
3441-13 not be filed within the period set forth in section 9 of this chapter;
3442-14 or
3443-15 (2) vote "yes" on the public question, the county executive of each
3444-16 county in which the proposed town is located shall adopt an
3445-17 ordinance under section 10.1 of this chapter.
3446-18 (f) The circuit court clerk shall certify the results of a public
3447-19 question under this section to the following:
3448-20 (1) The county executive of each county in which the proposed
3449-21 incorporated territory is located.
3450-22 (2) The county auditor of each county in which the proposed
3451-23 incorporated territory is located.
3452-24 (3) The department of local government finance.
3453-25 (4) The department of state revenue.
3454-26 (5) The state board of accounts.
3455-27 (6) The office of the secretary of state.
3456-28 (7) The office of census data established by IC 2-5-1.1-12.2.
3457-29 (8) The election division.
3458-30 SECTION 64. IC 36-5-1-16 IS AMENDED TO READ AS
3459-31 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 16. If the town
3460-32 legislative body decides to submit the question of dissolving the town
3461-33 or changing its name to the voters of the town, it shall certify the
3462-34 question to the county election board. The election board shall fix the
3463-35 date of an election, as permitted under IC 3-10-9-3, for that purpose.
3464-36 The town clerk shall give notice of the election in the manner
3465-37 prescribed by IC 5-3-1.
3466-38 SECTION 65. IC 36-5-1-18, AS AMENDED BY P.L.104-2022,
3467-39 SECTION 165, IS AMENDED TO READ AS FOLLOWS
3468-40 [EFFECTIVE JANUARY 1, 2024]: Sec. 18. (a) If at least two-thirds
3469-41 (2/3) of the votes cast in an election under section 16 of this chapter are
3470-42 affirmative, the dissolution or change of name takes effect in the
3424+1 (B) Fire protection.
3425+2 (C) Street construction, maintenance, and lighting.
3426+3 (D) Sanitary sewers.
3427+4 (E) Storm sewers.
3428+5 (F) Health protection.
3429+6 (G) Parks and recreation.
3430+7 (H) Schools and education.
3431+8 (I) Planning, zoning, and subdivision control.
3432+9 (J) One (1) or more utility services.
3433+10 (K) Stream pollution control or water conservation.
3434+11 (5) That the proposed town could finance the proposed municipal
3435+12 services with a reasonable tax rate, using the current assessed
3436+13 valuation of properties as a basis for calculation.
3437+14 (6) That incorporation is in the best interest of the territory
3438+15 involved. This finding must include a consideration of:
3439+16 (A) the expected growth and governmental needs of the area
3440+17 surrounding the proposed town;
3441+18 (B) the extent to which another unit can more adequately and
3442+19 economically provide essential services and functions; and
3443+20 (C) the extent to which the incorporators are willing to enter
3444+21 into agreements under IC 36-1-7 with the largest neighboring
3445+22 municipality, if that municipality has proposed such
3446+23 agreements.
3447+24 (b) If the county executive determines that the petition satisfies the
3448+25 requirements set forth in subsection (a), the county executive may do
3449+26 any of the following:
3450+27 (1) Adopt an ordinance under section 10.1 of this chapter
3451+28 incorporating the town.
3452+29 (2) Deny the petition.
3453+30 (3) Adopt a resolution to place a public question concerning the
3454+31 incorporation on the ballot at an the next election permitted
3455+32 under IC 3-10-9-3(a). The county executive shall request a date
3456+33 for the election as follows:
3457+34 (A) If the county executive requests the public question be on
3458+35 the same date as a general election or primary election:
3459+36 (i) the resolution must state that the election is to be on the
3460+37 same date as a general or primary election, and must be
3461+38 certified in accordance with IC 3-10-9-3; and
3462+39 (ii) the election must be held on the date of the next general
3463+40 election or primary election, whichever is earlier, at which
3464+41 the question can be placed on the ballot under IC 3-10-9-3.
3465+42 (B) If a petition contains a request for a special election, the
34713466 SB 224—LS 7130/DI 144 81
3472-1 manner prescribed by this section.
3473-2 (b) A change of name takes effect thirty (30) days after the filing of
3474-3 the statement required by section 17 of this chapter.
3475-4 (c) A dissolution takes effect six (6) months after the filing of the
3476-5 statement required by section 17 of this chapter. The property owned
3477-6 by the town after payment of debts and liabilities shall be disposed of
3478-7 in the manner chosen by a majority of the voters of the town at a
3479-8 special election or an election permitted under IC 3-10-9-3, as
3480-9 applicable, for that purpose. Dissolution of a town does not affect the
3481-10 validity of a contract to which the town is a party.
3482-11 SECTION 66. IC 36-5-1.1-10.6, AS AMENDED BY P.L.104-2022,
3483-12 SECTION 169, IS AMENDED TO READ AS FOLLOWS
3484-13 [EFFECTIVE JANUARY 1, 2024]: Sec. 10.6. (a) This section applies
3485-14 to included towns.
3486-15 (b) The dissolution of a town under this section may be instituted by
3487-16 filing a petition with the county board of registration. The petition must
3488-17 be signed by at least the number of the registered voters of the town
3489-18 required to place a candidate on the ballot under IC 3-8-6-3. The
3490-19 petition must be filed not later than June 1 of a year in which:
3491-20 (1) a general election or municipal general election will be held,
3492-21 if the town is located in a county that is not designated as a
3493-22 vote center county under IC 3-11-18.1; or
3494-23 (2) a general or municipal election will be held, if the town is
3495-24 located in a county that is designated as a vote center county
3496-25 under IC 3-11-18.1.
3497-26 (c) If a petition meets the criteria set forth in subsection (b), the
3498-27 county board of registration shall certify the public question to the
3499-28 county election board under IC 3-10-9-3. The county election board
3500-29 shall place the question of dissolution on the ballot provided for voters
3501-30 in the included town at the first:
3502-31 (1) general or municipal election following certification, if the
3503-32 town is located in a county that is designated as a vote center
3504-33 county under IC 3-11-18.1; or
3505-34 (2) election permitted under IC 3-10-9-3 following
3506-35 certification, if the town is located in a county that is not
3507-36 designated as a vote center county under IC 3-11-18.1.
3508-37 The question shall be placed on the ballot in the form prescribed by
3509-38 IC 3-10-9-4 and must state "Shall the town of ________ dissolve?".
3510-39 (d) If the public question is approved by a majority of the voters
3511-40 voting on the question, the county election board shall file a copy of the
3512-41 certification prepared under IC 3-12-4-9 concerning the public question
3513-42 described by this section with the following:
3467+1 county executive may request that the public question
3468+2 concerning the incorporation will be on the ballot of a special
3469+3 election. An election may be considered a special election only
3470+4 if it is conducted on a date other than the date of a general
3471+5 election or primary election. The date of the special election
3472+6 must be:
3473+7 (i) at least seventy-four (74) and not more than one hundred
3474+8 four (104) days after the notice of the election is filed under
3475+9 IC 3-10-8-4; and
3476+10 (ii) not later than the next general election or primary
3477+11 election, whichever is earlier.
3478+12 If the public question is on the ballot of a special election, the
3479+13 petitioners shall pay the costs of holding the special election. If
3480+14 the county executive adopts a resolution under this subdivision,
3481+15 the county executive shall file the resolution and the petition with
3482+16 the circuit court clerk of each county that contains any part of the
3483+17 territory sought to be incorporated.
3484+18 (c) After a resolution is filed with a circuit court clerk under
3485+19 subsection (b)(3), the circuit court clerk shall certify the resolution to
3486+20 the county election board. The county election board shall place the
3487+21 following public question on the ballot:
3488+22 "Shall (insert a description of the territorial boundaries) be
3489+23 incorporated as a town?".
3490+24 Only the registered voters residing within the territory of the proposed
3491+25 town may vote on the public question.
3492+26 (d) Not earlier than sixty (60) days and not later than thirty (30) days
3493+27 before the election, the petitioners shall publish a notice in accordance
3494+28 with IC 5-3-1 in each county where the proposed town is located. The
3495+29 notice must include the following:
3496+30 (1) A description of the boundaries of the proposed town and the
3497+31 quantity of land contained in the territory of the proposed town.
3498+32 (2) The information provided under section 3(3) through 3(6) of
3499+33 this chapter.
3500+34 (3) The name, telephone number, and electronic mail address (if
3501+35 available) of the contact person for the petitioners.
3502+36 (4) A statement that the petition is available for inspection and
3503+37 copying in the office of the circuit court clerk of each county
3504+38 where the proposed town is located.
3505+39 The petitioners shall submit proof of publication of the notice to the
3506+40 circuit court clerk of each county in which the proposed town is
3507+41 located. A defect in the form of the notice does not invalidate the
3508+42 petition.
35143509 SB 224—LS 7130/DI 144 82
3515-1 (1) The circuit court clerk of the county.
3516-2 (2) The office of the secretary of state.
3517-3 (e) Dissolution occurs:
3518-4 (1) at least sixty (60) days after certification under IC 3-12-4-9;
3519-5 and
3520-6 (2) when the certification is filed under subsection (d).
3521-7 (f) When a town is dissolved under this section:
3522-8 (1) the territory included within the town when the ordinance was
3523-9 adopted becomes a part of the consolidated city;
3524-10 (2) the books and records of the town become the property of the
3525-11 county executive;
3526-12 (3) the property owned by the town after payment of debts and
3527-13 liabilities shall be disposed of by the county executive; and
3528-14 (4) the county executive shall deposit any proceeds remaining
3529-15 after payment of debts and liabilities into the county general fund.
3530-16 (g) The dissolution of a town under this section does not affect the
3531-17 validity of a contract to which the town is a party.
3532-18 SECTION 67. IC 36-5-2-4.2 IS AMENDED TO READ AS
3533-19 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 4.2. (a) This
3534-20 section applies to the alteration of the number of members of a
3535-21 legislative body.
3536-22 (b) The legislative body may adopt a resolution to submit a public
3537-23 question on the number of legislative body members to the voters of the
3538-24 town. The resolution must state the following:
3539-25 (1) The proposed number of legislative body members, which
3540-26 must be at least three (3) and not more than seven (7).
3541-27 (2) The date of the:
3542-28 (A) general, municipal, or special election at which the public
3543-29 question will appear on the ballot, if the town is located in a
3544-30 county that is designated as a vote center county under
3545-31 IC 3-11-18.1; or
3546-32 (B) general election or municipal general election at which
3547-33 the public question will appear on the ballot, if the town is
3548-34 located in a county that is not designated as a vote center
3549-35 county under IC 3-11-18.1.
3550-36 (3) That the following question will be placed on the ballot in the
3551-37 form provided by IC 3-10-9-4:
3552-38 "Shall the number of town council members be increased (or
3553-39 decreased, if applicable) from ___________ (insert the current
3554-40 number of members provided for) to _________ (insert the
3555-41 number of members proposed in the resolution)?".
3556-42 (c) IC 3 applies to an election conducted under subsection (b). If the
3510+1 (e) If a majority of the voters residing within the territory of the
3511+2 proposed town:
3512+3 (1) vote "no" on the public question, the territory is not
3513+4 incorporated as a town, and a new petition for incorporation may
3514+5 not be filed within the period set forth in section 9 of this chapter;
3515+6 or
3516+7 (2) vote "yes" on the public question, the county executive of each
3517+8 county in which the proposed town is located shall adopt an
3518+9 ordinance under section 10.1 of this chapter.
3519+10 (f) The circuit court clerk shall certify the results of a public
3520+11 question under this section to the following:
3521+12 (1) The county executive of each county in which the proposed
3522+13 incorporated territory is located.
3523+14 (2) The county auditor of each county in which the proposed
3524+15 incorporated territory is located.
3525+16 (3) The department of local government finance.
3526+17 (4) The department of state revenue.
3527+18 (5) The state board of accounts.
3528+19 (6) The office of the secretary of state.
3529+20 (7) The office of census data established by IC 2-5-1.1-12.2.
3530+21 (8) The election division.
3531+22 SECTION 71. IC 36-5-1-16 IS AMENDED TO READ AS
3532+23 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 16. If the town
3533+24 legislative body decides to submit the question of dissolving the town
3534+25 or changing its name to the voters of the town, it shall certify the
3535+26 question to the county election board. The election board shall fix the
3536+27 date of an election, as permitted under IC 3-10-9-3(a), for that
3537+28 purpose. The town clerk shall give notice of the election in the manner
3538+29 prescribed by IC 5-3-1.
3539+30 SECTION 72. IC 36-5-1-18, AS AMENDED BY P.L.104-2022,
3540+31 SECTION 165, IS AMENDED TO READ AS FOLLOWS
3541+32 [EFFECTIVE JANUARY 1, 2024]: Sec. 18. (a) If at least two-thirds
3542+33 (2/3) of the votes cast in an election under section 16 of this chapter are
3543+34 affirmative, the dissolution or change of name takes effect in the
3544+35 manner prescribed by this section.
3545+36 (b) A change of name takes effect thirty (30) days after the filing of
3546+37 the statement required by section 17 of this chapter.
3547+38 (c) A dissolution takes effect six (6) months after the filing of the
3548+39 statement required by section 17 of this chapter. The property owned
3549+40 by the town after payment of debts and liabilities shall be disposed of
3550+41 in the manner chosen by a majority of the voters of the town at a
3551+42 special an election for that purpose, as permitted under
35573552 SB 224—LS 7130/DI 144 83
3558-1 county election board will conduct the election at which the public
3559-2 question will be submitted, the question must be certified to the board
3560-3 under IC 3-10-9-3.
3561-4 (d) If a majority of the votes cast on the question under subsection
3562-5 (b) are in the negative, the legislative body may not adopt a resolution
3563-6 under subsection (b) for at least one (1) year following the date the
3564-7 prior resolution was adopted.
3565-8 (e) If a majority of votes cast on the question under subsection (b)
3566-9 are in the affirmative, the legislative body shall adopt an ordinance at
3567-10 its next regular meeting following the election altering the number of
3568-11 legislative body members to the number specified in the public
3569-12 question. The legislative body may also alter existing districts and
3570-13 establish new districts in the manner prescribed by IC 36-5-1-10.1. An
3571-14 ordinance adopted under this subsection becomes effective January 1
3572-15 following its adoption.
3573-16 (f) If the number of legislative body members is increased, the
3574-17 legislative body shall fill any resulting vacancy under IC 3-13-9-4. The
3575-18 legislative body may fill the vacancy before the ordinance described in
3576-19 subsection (e) takes effect. However, a town legislative body member
3577-20 appointed under this subsection does not assume office until the
3578-21 beginning of the term specified in section 3 of this chapter.
3579-22 SECTION 68. IC 36-10-3-35 IS AMENDED TO READ AS
3580-23 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 35. (a) If the
3581-24 fiscal body approves the petition and adopts the ordinance presented
3582-25 under section 34 of this chapter, the ordinance takes effect.
3583-26 (b) This subsection applies to a county that is not designated as
3584-27 a vote center county under IC 3-11-18.1. After the adoption of the
3585-28 ordinance, the fiscal body shall certify the question under IC 3-10-9-3
3586-29 to the county election board of the county containing the greatest
3587-30 percentage of population of the municipality and fix a date for a special
3588-31 an election to be held not later than ninety (90) days after adoption. on
3589-32 the next date permitted under IC 3-10-9-3. However, if a primary,
3590-33 general, or municipal election will be conducted in each precinct in the
3591-34 affected area not later than six (6) months after the ordinance is
3592-35 adopted, the special election shall be conducted on the same day as the
3593-36 primary, general, or special election. The election shall be held by the
3594-37 county election board in the area described in the petition. IC 3-10-8-6
3595-38 applies to the special election. Any voter residing in the affected area
3596-39 may vote in the election.
3597-40 (c) This subsection applies to a county that is designated as a
3598-41 vote center county under IC 3-11-18.1. After the adoption of the
3599-42 ordinance, the fiscal body shall certify the question under
3553+1 IC 3-10-9-3(a). Dissolution of a town does not affect the validity of a
3554+2 contract to which the town is a party.
3555+3 SECTION 73. IC 36-5-1.1-10.6, AS AMENDED BY P.L.104-2022,
3556+4 SECTION 169, IS AMENDED TO READ AS FOLLOWS
3557+5 [EFFECTIVE JANUARY 1, 2024]: Sec. 10.6. (a) This section applies
3558+6 to included towns.
3559+7 (b) The dissolution of a town under this section may be instituted by
3560+8 filing a petition with the county board of registration. The petition must
3561+9 be signed by at least the number of the registered voters of the town
3562+10 required to place a candidate on the ballot under IC 3-8-6-3. The
3563+11 petition must be filed not later than June 1 of a year in which a general
3564+12 election or municipal general election will be held.
3565+13 (c) If a petition meets the criteria set forth in subsection (b), the
3566+14 county board of registration shall certify the public question to the
3567+15 county election board under IC 3-10-9-3. The county election board
3568+16 shall place the question of dissolution on the ballot provided for voters
3569+17 in the included town at the first general or municipal election
3570+18 permitted under IC 3-10-9-3(a) following certification. The question
3571+19 shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and
3572+20 must state "Shall the town of ________ dissolve?".
3573+21 (d) If the public question is approved by a majority of the voters
3574+22 voting on the question, the county election board shall file a copy of the
3575+23 certification prepared under IC 3-12-4-9 concerning the public question
3576+24 described by this section with the following:
3577+25 (1) The circuit court clerk of the county.
3578+26 (2) The office of the secretary of state.
3579+27 (e) Dissolution occurs:
3580+28 (1) at least sixty (60) days after certification under IC 3-12-4-9;
3581+29 and
3582+30 (2) when the certification is filed under subsection (d).
3583+31 (f) When a town is dissolved under this section:
3584+32 (1) the territory included within the town when the ordinance was
3585+33 adopted becomes a part of the consolidated city;
3586+34 (2) the books and records of the town become the property of the
3587+35 county executive;
3588+36 (3) the property owned by the town after payment of debts and
3589+37 liabilities shall be disposed of by the county executive; and
3590+38 (4) the county executive shall deposit any proceeds remaining
3591+39 after payment of debts and liabilities into the county general fund.
3592+40 (g) The dissolution of a town under this section does not affect the
3593+41 validity of a contract to which the town is a party.
3594+42 SECTION 74. IC 36-5-2-4.2 IS AMENDED TO READ AS
36003595 SB 224—LS 7130/DI 144 84
3601-1 IC 3-10-9-3 to the county election board of the county containing
3602-2 the greatest percentage of population of the municipality and fix a
3603-3 date for a special election to be held not later than ninety (90) days
3604-4 after adoption. However, if a primary, general, or municipal
3605-5 election will be conducted in each precinct in the affected area not
3606-6 later than six (6) months after the ordinance is adopted, the special
3607-7 election shall be conducted on the same day as the primary,
3608-8 general, or municipal election. The election shall be held by the
3609-9 county election board in the area described in the petition.
3610-10 IC 3-10-8-6 applies to the special election. Any voter residing in the
3611-11 affected area may vote in the election.
3612-12 (c) (d) The county election board shall give public notice of the
3613-13 special election in accordance with IC 3-10-2-2.
3614-14 (d) (e) The ballot must be in the form prescribed by IC 3-10-9-4 and
3615-15 must state "Shall park and recreation services be extended?".
3616-16 (e) (f) If the a special election is held and is not conducted at a
3617-17 general election, municipal election, or primary election, the fiscal
3618-18 body shall appropriate a sum sufficient to defray the cost of the ballots
3619-19 and to pay the expense of the election as prescribed by IC 3. The
3620-20 appropriation may be from the general fund or by transfer from the
3621-21 operating budget of the department.
3622-22 SECTION 69. IC 36-10-3-36 IS AMENDED TO READ AS
3623-23 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 36. (a) If a
3624-24 majority of those voting in a special an election vote under section 35
3625-25 of this chapter vote for the extension of park and recreation services,
3626-26 then at the beginning of the next fiscal year the area becomes part of
3627-27 the district of the department.
3628-28 (b) At the time the area becomes part of the district, the circuit judge
3629-29 of the county shall appoint a member from the area to the board. The
3630-30 member shall be appointed with the same qualifications and for the
3631-31 same term as other members and has the same powers and duties. If the
3632-32 petition of more than one (1) area is approved, the circuit judge shall
3633-33 make the selection of members so as to maintain the bipartisan
3634-34 character of the board as far as possible. As each additional member is
3635-35 appointed, the quorum of the board is increased by one (1).
3636-36 (c) The board has the same powers and duties to provide park and
3637-37 recreation service to the area as it has for the municipality, and this
3638-38 chapter applies as fully to the area to which service is extended as it
3639-39 applies to a municipality. However, the board need not provide service
3640-40 to the area before revenues from the area are available.
3641-41 SECTION 70. IC 36-10-3-37 IS AMENDED TO READ AS
3642-42 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 37. (a) After a
3596+1 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 4.2. (a) This
3597+2 section applies to the alteration of the number of members of a
3598+3 legislative body.
3599+4 (b) The legislative body may adopt a resolution to submit a public
3600+5 question on the number of legislative body members to the voters of the
3601+6 town. The resolution must state the following:
3602+7 (1) The proposed number of legislative body members, which
3603+8 must be at least three (3) and not more than seven (7).
3604+9 (2) The date of the general election or municipal or special
3605+10 general election at which the public question will appear on the
3606+11 ballot.
3607+12 (3) That the following question will be placed on the ballot in the
3608+13 form provided by IC 3-10-9-4:
3609+14 "Shall the number of town council members be increased (or
3610+15 decreased, if applicable) from ___________ (insert the current
3611+16 number of members provided for) to _________ (insert the
3612+17 number of members proposed in the resolution)?".
3613+18 (c) IC 3 applies to an election conducted under subsection (b). If the
3614+19 county election board will conduct the election at which the public
3615+20 question will be submitted, the question must be certified to the board
3616+21 under IC 3-10-9-3.
3617+22 (d) If a majority of the votes cast on the question under subsection
3618+23 (b) are in the negative, the legislative body may not adopt a resolution
3619+24 under subsection (b) for at least one (1) year following the date the
3620+25 prior resolution was adopted.
3621+26 (e) If a majority of votes cast on the question under subsection (b)
3622+27 are in the affirmative, the legislative body shall adopt an ordinance at
3623+28 its next regular meeting following the election altering the number of
3624+29 legislative body members to the number specified in the public
3625+30 question. The legislative body may also alter existing districts and
3626+31 establish new districts in the manner prescribed by IC 36-5-1-10.1. An
3627+32 ordinance adopted under this subsection becomes effective January 1
3628+33 following its adoption.
3629+34 (f) If the number of legislative body members is increased, the
3630+35 legislative body shall fill any resulting vacancy under IC 3-13-9-4. The
3631+36 legislative body may fill the vacancy before the ordinance described in
3632+37 subsection (e) takes effect. However, a town legislative body member
3633+38 appointed under this subsection does not assume office until the
3634+39 beginning of the term specified in section 3 of this chapter.
3635+40 SECTION 75. IC 36-10-3-35 IS AMENDED TO READ AS
3636+41 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 35. (a) If the
3637+42 fiscal body approves the petition and adopts the ordinance presented
36433638 SB 224—LS 7130/DI 144 85
3644-1 favorable special election under section 35 of this chapter, all property
3645-2 in the area to which service is extended is subject to the same levy for
3646-3 park and recreational purposes as other property within the district.
3647-4 After determining the levy for park and recreational purposes, the fiscal
3648-5 body of the municipality shall certify the rate to be applied to the area
3649-6 in the same manner as all other municipal levies are certified. In
3650-7 reviewing the park and recreation levy, all reviewing authorities shall
3651-8 treat the levy on the district property as a single levy so that the
3652-9 ultimate rate of tax for park and recreation purposes on all property in
3653-10 the district is identical.
3654-11 (b) The authority of the board to issue bonds under sections 23
3655-12 through 28 of this chapter includes all property in the area to which
3656-13 service is extended, but bonds may not be issued upon property in the
3657-14 area to which service is extended that do not obligate other property in
3658-15 the district to the same degree. After determining the levy for the park
3659-16 district bond fund, the board shall certify the rate to be applied to the
3660-17 area in the same manner as the rate to be applied to property in the
3661-18 municipality.
3662-19 SECTION 71. IC 36-10-4-5, AS AMENDED BY P.L.152-2021,
3663-20 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3664-21 JANUARY 1, 2024]: Sec. 5. (a) In a second class city, the board may
3665-22 adopt a resolution to extend the boundaries of the district to the county
3666-23 boundaries unless the county has already established a park district
3667-24 under IC 36-10-3. The board must file a certified copy of the resolution
3668-25 with the county auditor and county treasurer. Notice of the adoption of
3669-26 the resolution shall be given by publication once each week for two (2)
3670-27 weeks in accordance with IC 5-3-1:
3671-28 (1) with each publication of notice in a newspaper in accordance
3672-29 with IC 5-3-1 in the county; or
3673-30 (2) with the first publication of notice in a newspaper described
3674-31 in subdivision (1) and the second publication of notice:
3675-32 (A) in accordance with IC 5-3-5; and
3676-33 (B) on the official web site website of the county.
3677-34 (b) Whenever the board has adopted a resolution under subsection
3678-35 (a), remonstrances may be filed by the affected voters within ninety
3679-36 (90) days after the last publication under subsection (a). Remonstrances
3680-37 must be signed in ink by the voter in person and state the address of
3681-38 each signer and that the signer is a registered voter. A person who signs
3682-39 a remonstrance when the person is not a registered voter commits a
3683-40 Level 6 felony. More than one (1) voter may sign the same
3684-41 remonstrance.
3685-42 (c) A vote on the public question shall be held on the next date
3639+1 under section 34 of this chapter, the ordinance takes effect.
3640+2 (b) After the adoption of the ordinance, the fiscal body shall certify
3641+3 the question under IC 3-10-9-3 to the county election board of the
3642+4 county containing the greatest percentage of population of the
3643+5 municipality and fix a date for a special an election to be held not later
3644+6 than ninety (90) days after adoption. on the next date permitted
3645+7 under IC 3-10-9-3(a). However, if a primary, general, or municipal
3646+8 election will be conducted in each precinct in the affected area not later
3647+9 than six (6) months after the ordinance is adopted, the special election
3648+10 shall be conducted on the same day as the primary, general, or special
3649+11 election. The election shall be held by the county election board in the
3650+12 area described in the petition. IC 3-10-8-6 applies to the special
3651+13 election. Any voter residing in the affected area may vote in the
3652+14 election.
3653+15 (c) The county election board shall give public notice of the special
3654+16 election in accordance with IC 3-10-2-2.
3655+17 (d) The ballot must be in the form prescribed by IC 3-10-9-4 and
3656+18 must state "Shall park and recreation services be extended?".
3657+19 (e) If the special election is not conducted at a general election,
3658+20 municipal election, or primary election, the fiscal body shall
3659+21 appropriate a sum sufficient to defray the cost of the ballots and to pay
3660+22 the expense of the election as prescribed by IC 3. The appropriation
3661+23 may be from the general fund or by transfer from the operating budget
3662+24 of the department.
3663+25 SECTION 76. IC 36-10-3-36 IS AMENDED TO READ AS
3664+26 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 36. (a) If a
3665+27 majority of those voting in a special an election vote under section 35
3666+28 of this chapter vote for the extension of park and recreation services,
3667+29 then at the beginning of the next fiscal year the area becomes part of
3668+30 the district of the department.
3669+31 (b) At the time the area becomes part of the district, the circuit judge
3670+32 of the county shall appoint a member from the area to the board. The
3671+33 member shall be appointed with the same qualifications and for the
3672+34 same term as other members and has the same powers and duties. If the
3673+35 petition of more than one (1) area is approved, the circuit judge shall
3674+36 make the selection of members so as to maintain the bipartisan
3675+37 character of the board as far as possible. As each additional member is
3676+38 appointed, the quorum of the board is increased by one (1).
3677+39 (c) The board has the same powers and duties to provide park and
3678+40 recreation service to the area as it has for the municipality, and this
3679+41 chapter applies as fully to the area to which service is extended as it
3680+42 applies to a municipality. However, the board need not provide service
36863681 SB 224—LS 7130/DI 144 86
3687-1 permitted under IC 3-10-9-3 if at least the number of the registered
3688-2 voters of the county required under IC 3-8-6-3 to place a candidate on
3689-3 the ballot file remonstrances under subsection (b) with the county clerk
3690-4 protesting the extension of the district.
3691-5 (d) The county clerk shall certify to the county election board in
3692-6 accordance with IC 3-10-9-3 whether or not the required number of
3693-7 registered voters of the county have filed remonstrances. If sufficient
3694-8 remonstrances have been filed, the county election board shall publish
3695-9 a notice of the election once a week for two (2) consecutive weeks in
3696-10 accordance with IC 5-3-1-4:
3697-11 (1) with each publication of notice in a newspaper in accordance
3698-12 with IC 5-3-1 in the county; or
3699-13 (2) with the first publication of notice in a newspaper described
3700-14 in subdivision (1) and the second publication of notice:
3701-15 (A) in accordance with IC 5-3-5; and
3702-16 (B) on the official web site website of the county.
3703-17 The first publication of the notice must be at least thirty (30) days
3704-18 before the date of the election. The question presented to the voters at
3705-19 the election shall be placed on the ballot in the form prescribed by
3706-20 IC 3-10-9-4 and must state "Shall the county park district be
3707-21 established?". The election is governed by IC 3 whenever not in
3708-22 conflict with this chapter. The county election board shall make a
3709-23 return of the votes cast at the referendum. election.
3710-24 (e) If a majority of the votes cast are against the extension of the
3711-25 district, the district is not extended. If sufficient remonstrances are not
3712-26 filed or if a majority of the votes cast support the extension of the
3713-27 district, the district is extended.
3714-28 (f) The extension of the district is effective on January 1 of the year
3715-29 following the adoption of the resolution or, if an election is held, on
3716-30 January 1 of the year following the date of the election.
3717-31 (g) A municipality that becomes part of a district by reason of the
3718-32 extension of the district under this section may continue to establish,
3719-33 maintain, and operate parks and other recreational facilities under any
3720-34 other law. The parks and other recreational facilities shall be operated
3721-35 by the municipality separate from the parks and other recreational
3722-36 facilities under the jurisdiction of the board in the same manner as they
3723-37 would be operated by the municipality if it was not within the district.
3724-38 (h) The operation of separate parks or recreational facilities by a
3725-39 municipality does not affect the obligation of property owners within
3726-40 the municipality to pay all taxes imposed on property within the
3727-41 district.
3728-42 (i) The legislative body of a municipality may elect that the separate
3682+1 to the area before revenues from the area are available.
3683+2 SECTION 77. IC 36-10-3-37 IS AMENDED TO READ AS
3684+3 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 37. (a) After a
3685+4 favorable special election under section 35 of this chapter, all property
3686+5 in the area to which service is extended is subject to the same levy for
3687+6 park and recreational purposes as other property within the district.
3688+7 After determining the levy for park and recreational purposes, the fiscal
3689+8 body of the municipality shall certify the rate to be applied to the area
3690+9 in the same manner as all other municipal levies are certified. In
3691+10 reviewing the park and recreation levy, all reviewing authorities shall
3692+11 treat the levy on the district property as a single levy so that the
3693+12 ultimate rate of tax for park and recreation purposes on all property in
3694+13 the district is identical.
3695+14 (b) The authority of the board to issue bonds under sections 23
3696+15 through 28 of this chapter includes all property in the area to which
3697+16 service is extended, but bonds may not be issued upon property in the
3698+17 area to which service is extended that do not obligate other property in
3699+18 the district to the same degree. After determining the levy for the park
3700+19 district bond fund, the board shall certify the rate to be applied to the
3701+20 area in the same manner as the rate to be applied to property in the
3702+21 municipality.
3703+22 SECTION 78. IC 36-10-4-5, AS AMENDED BY P.L.152-2021,
3704+23 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3705+24 JANUARY 1, 2024]: Sec. 5. (a) In a second class city, the board may
3706+25 adopt a resolution to extend the boundaries of the district to the county
3707+26 boundaries unless the county has already established a park district
3708+27 under IC 36-10-3. The board must file a certified copy of the resolution
3709+28 with the county auditor and county treasurer. Notice of the adoption of
3710+29 the resolution shall be given by publication once each week for two (2)
3711+30 weeks in accordance with IC 5-3-1:
3712+31 (1) with each publication of notice in a newspaper in accordance
3713+32 with IC 5-3-1 in the county; or
3714+33 (2) with the first publication of notice in a newspaper described
3715+34 in subdivision (1) and the second publication of notice:
3716+35 (A) in accordance with IC 5-3-5; and
3717+36 (B) on the official web site of the county.
3718+37 (b) Whenever the board has adopted a resolution under subsection
3719+38 (a), remonstrances may be filed by the affected voters within ninety
3720+39 (90) days after the last publication under subsection (a). Remonstrances
3721+40 must be signed in ink by the voter in person and state the address of
3722+41 each signer and that the signer is a registered voter. A person who signs
3723+42 a remonstrance when the person is not a registered voter commits a
37293724 SB 224—LS 7130/DI 144 87
3730-1 parks or other recreational facilities of the municipality be maintained
3731-2 or operated as a part of the district by adopting a resolution or an
3732-3 ordinance to that effect. The separate park or other recreational facility
3733-4 comes under the jurisdiction of the board at the time specified in the
3734-5 resolution or ordinance.
3735-6 SECTION 72. IC 36-12-7-7, AS AMENDED BY P.L.233-2015,
3736-7 SECTION 348, IS AMENDED TO READ AS FOLLOWS
3737-8 [EFFECTIVE JANUARY 1, 2024]: Sec. 7. (a) The library board of a
3738-9 library established as an 1899 township library consists of the school
3739-10 township trustee in the township where the library is located and two
3740-11 (2) residents of the township who are appointed by the board of
3741-12 commissioners of the county where the library is located.
3742-13 Appointments are for a term of four (4) years. Members of the library
3743-14 board serve without compensation.
3744-15 (b) The library board:
3745-16 (1) shall control the purchase of books and the management of the
3746-17 library;
3747-18 (2) shall possess and retain custody of any books remaining in the
3748-19 old township library in the township where the library is located;
3749-20 (3) may receive donations, bequests, and legacies on behalf of the
3750-21 library; and
3751-22 (4) may receive copies of all documents of the state available for
3752-23 distribution from the director of the state library.
3753-24 (c) The 1899 township library is the property of the township. The
3754-25 township trustee is responsible for the safe preservation of the township
3755-26 library.
3756-27 (d) Two (2) or more adjacent townships may unite to maintain a
3757-28 township library. The library is controlled by either:
3758-29 (1) a combined library board, which consists of each of the
3759-30 uniting township boards appointed under subsection (a); or
3760-31 (2) the one (1) township library board appointed under subsection
3761-32 (a) of the uniting townships that receives funding for the
3762-33 operation of the uniting township library.
3763-34 (e) The legislative body of any township that contains a library
3764-35 established as an 1899 township library may levy a tax annually of not
3765-36 more than three and thirty-three hundredths cents ($0.0333) on each
3766-37 one hundred dollars ($100) of taxable property assessed for taxation in
3767-38 the township. If the legislative body does not levy the tax, a petition
3768-39 signed by at least the number of registered voters required under
3769-40 IC 3-8-6-3 to place a candidate on the ballot may be filed with the
3770-41 circuit court clerk, who:
3771-42 (1) shall determine if an adequate number of voters have signed
3725+1 Level 6 felony. More than one (1) voter may sign the same
3726+2 remonstrance.
3727+3 (c) A vote on the public question shall be held on the next date
3728+4 permitted under IC 3-10-9-3(a) if at least the number of the
3729+5 registered voters of the county required under IC 3-8-6-3 to place a
3730+6 candidate on the ballot file remonstrances under subsection (b) with the
3731+7 county clerk protesting the extension of the district.
3732+8 (d) The county clerk shall certify to the county election board in
3733+9 accordance with IC 3-10-9-3 whether or not the required number of
3734+10 registered voters of the county have filed remonstrances. If sufficient
3735+11 remonstrances have been filed, the county election board shall publish
3736+12 a notice of the election once a week for two (2) consecutive weeks in
3737+13 accordance with IC 5-3-1-4:
3738+14 (1) with each publication of notice in a newspaper in accordance
3739+15 with IC 5-3-1 in the county; or
3740+16 (2) with the first publication of notice in a newspaper described
3741+17 in subdivision (1) and the second publication of notice:
3742+18 (A) in accordance with IC 5-3-5; and
3743+19 (B) on the official web site of the county.
3744+20 The first publication of the notice must be at least thirty (30) days
3745+21 before the date of the election. The question presented to the voters at
3746+22 the election shall be placed on the ballot in the form prescribed by
3747+23 IC 3-10-9-4 and must state "Shall the county park district be
3748+24 established?". The election is governed by IC 3 whenever not in
3749+25 conflict with this chapter. The county election board shall make a
3750+26 return of the votes cast at the referendum. election.
3751+27 (e) If a majority of the votes cast are against the extension of the
3752+28 district, the district is not extended. If sufficient remonstrances are not
3753+29 filed or if a majority of the votes cast support the extension of the
3754+30 district, the district is extended.
3755+31 (f) The extension of the district is effective on January 1 of the year
3756+32 following the adoption of the resolution or, if an election is held, on
3757+33 January 1 of the year following the date of the election.
3758+34 (g) A municipality that becomes part of a district by reason of the
3759+35 extension of the district under this section may continue to establish,
3760+36 maintain, and operate parks and other recreational facilities under any
3761+37 other law. The parks and other recreational facilities shall be operated
3762+38 by the municipality separate from the parks and other recreational
3763+39 facilities under the jurisdiction of the board in the same manner as they
3764+40 would be operated by the municipality if it was not within the district.
3765+41 (h) The operation of separate parks or recreational facilities by a
3766+42 municipality does not affect the obligation of property owners within
37723767 SB 224—LS 7130/DI 144 88
3773-1 the petition; and
3774-2 (2) if an adequate number of voters have signed the petition, shall
3775-3 certify the public question to the county election board under
3776-4 IC 3-10-9-3. The county election board shall then cause to be
3777-5 printed on the ballot for the township at the next election
3778-6 permitted under IC 3-10-9-3 the following question in the form
3779-7 prescribed by IC 3-10-9-4: "Shall a township library tax be
3780-8 levied?".
3781-9 If a majority of the votes cast on the question in subdivision (2) are in
3782-10 the affirmative, the township trustee shall annually levy a tax of not less
3783-11 than one and sixty-seven hundredths cents ($0.0167) and not more than
3784-12 three and thirty-three hundredths cents ($0.0333) on each one hundred
3785-13 dollars ($100) of taxable property in the township for the establishment
3786-14 and support of a township library. The township tax shall be levied,
3787-15 assessed, collected, and paid according to the procedure outlined in
3788-16 IC 6-1.1.
3789-17 (f) The tax levy under subsection (e) shall be discontinued when the
3790-18 question of discontinuing the levy has been submitted to a vote
3791-19 according to the procedure provided in subsection (e) and the majority
3792-20 of the votes cast on the question is in the negative.
3793-21 (g) If a public library that is open for the use of all the residents of
3794-22 the township is located in the township, the proceeds of the tax
3795-23 collected under subsection (e) shall be paid to that public library.
3796-24 (h) In a township outside a city that contains a library:
3797-25 (1) established by private donations of the value of at least ten
3798-26 thousand dollars ($10,000), including the real estate and buildings
3799-27 used for the library; and
3800-28 (2) used for the benefit of all the inhabitants of the township;
3801-29 the township trustee of the township shall annually levy and collect not
3802-30 more than two cents ($0.02) on each one hundred dollars ($100) upon
3803-31 the taxable property within the limits of the township. The money shall
3804-32 be paid to the trustees of the library, to be applied by the trustees for
3805-33 the purchase of books and the payment of the maintenance costs for the
3806-34 library. When it becomes necessary to purchase additional ground for
3807-35 the extension or protection of library buildings already established by
3808-36 private donation, the trustee, with the consent of the county legislative
3809-37 body, may annually levy and collect not more than one and sixty-seven
3810-38 hundredths cents ($0.0167) on each one hundred dollars ($100) of
3811-39 taxable property of the township for not more than three (3) years
3812-40 successively, to be expended by the trustees for the purchase of
3813-41 property and the construction and enlargement of library buildings.
3814-42 (i) The 1899 township library is free to all the residents of the
3768+1 the municipality to pay all taxes imposed on property within the
3769+2 district.
3770+3 (i) The legislative body of a municipality may elect that the separate
3771+4 parks or other recreational facilities of the municipality be maintained
3772+5 or operated as a part of the district by adopting a resolution or an
3773+6 ordinance to that effect. The separate park or other recreational facility
3774+7 comes under the jurisdiction of the board at the time specified in the
3775+8 resolution or ordinance.
3776+9 SECTION 79. IC 36-12-7-7, AS AMENDED BY P.L.233-2015,
3777+10 SECTION 348, IS AMENDED TO READ AS FOLLOWS
3778+11 [EFFECTIVE JANUARY 1, 2024]: Sec. 7. (a) The library board of a
3779+12 library established as an 1899 township library consists of the school
3780+13 township trustee in the township where the library is located and two
3781+14 (2) residents of the township who are appointed by the board of
3782+15 commissioners of the county where the library is located.
3783+16 Appointments are for a term of four (4) years. Members of the library
3784+17 board serve without compensation.
3785+18 (b) The library board:
3786+19 (1) shall control the purchase of books and the management of the
3787+20 library;
3788+21 (2) shall possess and retain custody of any books remaining in the
3789+22 old township library in the township where the library is located;
3790+23 (3) may receive donations, bequests, and legacies on behalf of the
3791+24 library; and
3792+25 (4) may receive copies of all documents of the state available for
3793+26 distribution from the director of the state library.
3794+27 (c) The 1899 township library is the property of the township. The
3795+28 township trustee is responsible for the safe preservation of the township
3796+29 library.
3797+30 (d) Two (2) or more adjacent townships may unite to maintain a
3798+31 township library. The library is controlled by either:
3799+32 (1) a combined library board, which consists of each of the
3800+33 uniting township boards appointed under subsection (a); or
3801+34 (2) the one (1) township library board appointed under subsection
3802+35 (a) of the uniting townships that receives funding for the
3803+36 operation of the uniting township library.
3804+37 (e) The legislative body of any township that contains a library
3805+38 established as an 1899 township library may levy a tax annually of not
3806+39 more than three and thirty-three hundredths cents ($0.0333) on each
3807+40 one hundred dollars ($100) of taxable property assessed for taxation in
3808+41 the township. If the legislative body does not levy the tax, a petition
3809+42 signed by at least the number of registered voters required under
38153810 SB 224—LS 7130/DI 144 89
3816-1 township.
3811+1 IC 3-8-6-3 to place a candidate on the ballot may be filed with the
3812+2 circuit court clerk, who:
3813+3 (1) shall determine if an adequate number of voters have signed
3814+4 the petition; and
3815+5 (2) if an adequate number of voters have signed the petition, shall
3816+6 certify the public question to the county election board under
3817+7 IC 3-10-9-3. The county election board shall then cause to be
3818+8 printed on the ballot for the township at the next election
3819+9 permitted under IC 3-10-9-3(a) the following question in the
3820+10 form prescribed by IC 3-10-9-4: "Shall a township library tax be
3821+11 levied?".
3822+12 If a majority of the votes cast on the question in subdivision (2) are in
3823+13 the affirmative, the township trustee shall annually levy a tax of not less
3824+14 than one and sixty-seven hundredths cents ($0.0167) and not more than
3825+15 three and thirty-three hundredths cents ($0.0333) on each one hundred
3826+16 dollars ($100) of taxable property in the township for the establishment
3827+17 and support of a township library. The township tax shall be levied,
3828+18 assessed, collected, and paid according to the procedure outlined in
3829+19 IC 6-1.1.
3830+20 (f) The tax levy under subsection (e) shall be discontinued when the
3831+21 question of discontinuing the levy has been submitted to a vote
3832+22 according to the procedure provided in subsection (e) and the majority
3833+23 of the votes cast on the question is in the negative.
3834+24 (g) If a public library that is open for the use of all the residents of
3835+25 the township is located in the township, the proceeds of the tax
3836+26 collected under subsection (e) shall be paid to that public library.
3837+27 (h) In a township outside a city that contains a library:
3838+28 (1) established by private donations of the value of at least ten
3839+29 thousand dollars ($10,000), including the real estate and buildings
3840+30 used for the library; and
3841+31 (2) used for the benefit of all the inhabitants of the township;
3842+32 the township trustee of the township shall annually levy and collect not
3843+33 more than two cents ($0.02) on each one hundred dollars ($100) upon
3844+34 the taxable property within the limits of the township. The money shall
3845+35 be paid to the trustees of the library, to be applied by the trustees for
3846+36 the purchase of books and the payment of the maintenance costs for the
3847+37 library. When it becomes necessary to purchase additional ground for
3848+38 the extension or protection of library buildings already established by
3849+39 private donation, the trustee, with the consent of the county legislative
3850+40 body, may annually levy and collect not more than one and sixty-seven
3851+41 hundredths cents ($0.0167) on each one hundred dollars ($100) of
3852+42 taxable property of the township for not more than three (3) years
38173853 SB 224—LS 7130/DI 144 90
3854+1 successively, to be expended by the trustees for the purchase of
3855+2 property and the construction and enlargement of library buildings.
3856+3 (i) The 1899 township library is free to all the residents of the
3857+4 township.
3858+SB 224—LS 7130/DI 144 91
38183859 COMMITTEE REPORT
38193860 Madam President: The Senate Committee on Elections, to which
38203861 was referred Senate Bill No. 224, has had the same under consideration
38213862 and begs leave to report the same back to the Senate with the
38223863 recommendation that said bill be AMENDED as follows:
38233864 Replace the effective dates in SECTIONS 2 through 14 with
38243865 "[EFFECTIVE JANUARY 1, 2024]".
38253866 Replace the effective date in SECTION 19 with "[EFFECTIVE
38263867 JANUARY 1, 2024]".
38273868 Replace the effective dates in SECTIONS 27 through 69 with
38283869 "[EFFECTIVE JANUARY 1, 2024]".
38293870 Page 2, line 3, after "IC 3-6-7;" delete "or".
38303871 Page 2, between lines 4 and 5, begin a new line double block
38313872 indented and insert:
38323873 "(N) an individual appointed under IC 3-11.5-4:
38333874 (i) to an absentee voter board;
38343875 (ii) as an absentee ballot counter; or
38353876 (iii) as a courier; or".
38363877 Page 2, line 10, delete "(1)(M)." and insert "(1)(N).".
38373878 Page 2, between lines 10 and 11, begin a new paragraph and insert:
38383879 "SECTION 2. IC 3-7-12-22 IS AMENDED TO READ AS
38393880 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) In a county
38403881 where the circuit court clerk serves as voter registration officer, the
38413882 clerk is entitled to per diem compensation under subsection (b) or (c).
38423883 (b) This subsection applies to the circuit court clerk of a county
38433884 described in subsection (a) that contains not more than one
38443885 hundred thousand (100,000) registered voters. The county shall
38453886 pay at least the following to the circuit court clerk of the county:
38463887 (1) Two thousand dollars ($2,000) not later than July 1 of each
38473888 year.
38483889 (2) Two thousand dollars ($2,000) not later than December 31
38493890 of each year.
38503891 (c) This subsection applies to the circuit court clerk of a county
38513892 described in subsection (a) that contains more than one hundred
38523893 thousand (100,000) registered voters. The county shall pay at least
38533894 the following to the circuit court clerk of the county:
38543895 (1) Two thousand five hundred dollars ($2,500) not later than
38553896 July 1 of each year.
38563897 (2) Two thousand five hundred dollars ($2,500) not later than
38573898 December 31 of each year.
38583899 (d) The per diem shall be paid out of the general fund of the county.
38593900 in the same manner as election expenses are paid.".
3860-SB 224—LS 7130/DI 144 91
3901+SB 224—LS 7130/DI 144 92
38613902 Page 9, line 18, delete "A" and insert "Except as provided in
38623903 subsection (c), a".
38633904 Page 9, between lines 30 and 31, begin a new paragraph and insert:
38643905 "(c) This subsection applies only to a school corporation that
38653906 imposed an operating referendum tax levy:
38663907 (1) before January 1, 2024; and
38673908 (2) that will expire after December 31, 2023.
38683909 A school corporation may hold a referendum under IC 20-46-1 at
38693910 the next election permitted under IC 20-46-1-14.5.".
38703911 Page 11, between lines 3 and 4, begin a new paragraph and insert:
38713912 "SECTION 17. IC 3-11-10-25, AS AMENDED BY P.L.193-2021,
38723913 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38733914 JULY 1, 2023]: Sec. 25. (a) A voter who votes by absentee ballot
38743915 because of:
38753916 (1) illness or injury; or
38763917 (2) caring for a confined person at a private residence;
38773918 and who is within the county may vote before an absentee voter board
38783919 or by mail.
38793920 (b) If requested by a voter described in subsection (a) or by a voter
38803921 with disabilities whose precinct is not accessible to voters with
38813922 disabilities, an absentee voter board shall visit the voter's place of
38823923 confinement or the residence of the voter with disabilities:
38833924 (1) during the regular office hours of the circuit court clerk;
38843925 (2) at a time agreed to by the board and the voter;
38853926 (3) on any of the nineteen (19) days immediately before election
38863927 day; and
38873928 (4) only once before an election, unless:
38883929 (A) the confined voter is unavailable at the time of the board's
38893930 first visit due to a medical emergency; or
38903931 (B) the board, in its discretion, decides to make an additional
38913932 visit.
38923933 (c) This subsection applies to a voter confined due to illness or
38933934 injury. An absentee voter board may not be denied access to the voter's
38943935 place of confinement if the board is present at the place of confinement
38953936 at a time:
38963937 (1) agreed to by the board and the voter; and
38973938 (2) during the regular office hours of the circuit court clerk. A
38983939 person who knowingly violates this subsection commits
38993940 obstruction or interference with an election officer worker in the
39003941 discharge of the officer's election worker's duty, a violation of
39013942 IC 3-14-3-4.
39023943 (d) The county election board, by unanimous vote of the board's
3903-SB 224—LS 7130/DI 144 92
3944+SB 224—LS 7130/DI 144 93
39043945 entire membership, may authorize an absentee voter board to visit a
39053946 voter who is confined due to illness or injury and will be outside the
39063947 county on election day in accordance with the procedures set forth in
39073948 subsection (b).
39083949 (e) The county election board, by unanimous vote of the board's
39093950 entire membership, may:
39103951 (1) authorize an absentee voter board to visit the voter after first
39113952 confirming that the individual is a registered voter of the county;
39123953 and
39133954 (2) permit the voter to complete an absentee ballot application
39143955 before the absentee voter board.
39153956 If both members of the absentee voter board approve the voter's
39163957 application under this subsection, the board shall provide the voter with
39173958 an absentee ballot.
39183959 (f) As provided by 52 U.S.C. 21081, a voter casting an absentee
39193960 ballot under this section must be:
39203961 (1) permitted to verify in a private and independent manner the
39213962 votes selected by the voter before the ballot is cast and counted;
39223963 (2) provided with the opportunity to change the ballot or correct
39233964 any error in a private and independent manner before the ballot is
39243965 cast and counted, including the opportunity to receive a
39253966 replacement ballot if the voter is otherwise unable to change or
39263967 correct the ballot; and
39273968 (3) notified before the ballot is cast regarding the effect of casting
39283969 multiple votes for the office and provided an opportunity to
39293970 correct the ballot before the ballot is cast and counted.
39303971 (g) As provided by 52 U.S.C. 21081, when an absentee ballot is
39313972 provided under this section, the board must also provide the voter with:
39323973 (1) information concerning the effect of casting multiple votes for
39333974 an office; and
39343975 (2) instructions on how to correct the ballot before the ballot is
39353976 cast and counted, including the issuance of replacement ballots.
39363977 (h) This subsection applies to a voter who applies to vote an
39373978 absentee ballot by mail. The county election board shall include a copy
39383979 of the Absentee Voter's Bill of Rights with any absentee ballot mailed
39393980 to the voter.
39403981 (i) An absentee voter board visiting a voter under this section may
39413982 use an electronic poll book.".
39423983 Page 14, delete lines 24 through 34, begin a new paragraph and
39433984 insert:
39443985 "SECTION 24. IC 3-11-15-62 IS ADDED TO THE INDIANA
39453986 CODE AS A NEW SECTION TO READ AS FOLLOWS
3946-SB 224—LS 7130/DI 144 93
3987+SB 224—LS 7130/DI 144 94
39473988 [EFFECTIVE JULY 1, 2023]: Sec. 62. An electronic:
39483989 (1) code;
39493990 (2) tally;
39503991 (3) record;
39513992 (4) report; or
39523993 (5) representation of data;
39533994 that directly or indirectly indicates the selections made by a voter
39543995 while voting in an election is declared confidential for purposes of
39553996 IC 5-14-3-4.".
39563997 Page 15, between lines 5 and 6, begin a new paragraph and insert:
39573998 "SECTION 27. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
39583999 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39594000 JULY 1, 2023]: Sec. 4. (a) A person who:
39604001 (1) knowingly obstructs or interferes with an election officer
39614002 worker in the discharge of the officer's election worker's duty;
39624003 or
39634004 (2) knowingly obstructs or interferes with a voter within the
39644005 chute;
39654006 commits a Level 6 felony.
39664007 (b) A person who knowingly injures an election officer worker or
39674008 a voter:
39684009 (1) in the exercise of the officer's election worker's or voter's
39694010 rights or duties; or
39704011 (2) because the officer election worker or voter has exercised the
39714012 officer's election worker's or voter's rights or duties;
39724013 commits a Level 6 felony.
39734014 (c) A person called as a witness to testify against another for a
39744015 violation of this section is a competent witness to prove the offense
39754016 even though the person may have been a party to the violation. The
39764017 person shall be compelled to testify as other witnesses. However, the
39774018 person's evidence may not be used against the person in a prosecution
39784019 growing out of matters about which the person testifies, and the person
39794020 is not liable to indictment or information for the offense.".
39804021 Page 50, between lines 12 and 13, begin a new paragraph and insert:
39814022 "SECTION 47. IC 20-46-1-8.5, AS ADDED BY P.L.138-2016,
39824023 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39834024 JANUARY 1, 2024]: Sec. 8.5. Subject to IC 20-46-1-14.5, a
39844025 resolution to extend a referendum levy must be:
39854026 (1) adopted by the governing body of a school corporation; and
39864027 (2) approved in a referendum under this chapter;
39874028 before December 31 of the final calendar year in which the school
39884029 corporation's previously approved referendum levy is imposed under
3989-SB 224—LS 7130/DI 144 94
4030+SB 224—LS 7130/DI 144 95
39904031 this chapter.".
39914032 Page 50, line 15, delete "The" and insert "Except as provided in
39924033 section 14.5 of this chapter, the".
39934034 Page 50, between lines 41 and 42, begin a new paragraph and insert:
39944035 "SECTION 49. IC 20-46-1-14.5 IS ADDED TO THE INDIANA
39954036 CODE AS A NEW SECTION TO READ AS FOLLOWS
39964037 [EFFECTIVE JANUARY 1, 2024]: Sec. 14.5. (a) This section applies
39974038 to a school corporation that imposed an operating referendum tax
39984039 levy:
39994040 (1) before January 1, 2024; and
40004041 (2) that will expire after December 31, 2023.
40014042 (b) Subject to subsection (d), after December 31, 2023, a school
40024043 corporation described in subsection (a) may hold a referendum
40034044 under this chapter on one (1) of the following dates:
40044045 (1) The next primary election, general election, or municipal
40054046 election in which all the registered voters who are residents of
40064047 the appellant school corporation are entitled to vote after
40074048 certification of the question under IC 3-10-9-3. The
40084049 certification of the question must occur not later than noon:
40094050 (A) seventy-four (74) days before a primary election if the
40104051 question is to be placed on the primary or municipal
40114052 primary election ballot; or
40124053 (B) August 1 if the question is to be placed on the general
40134054 or municipal election ballot.
40144055 (2) If a primary election, general election, or municipal
40154056 election will not be held during the first year in which the
40164057 public question is eligible to be placed on the ballot under this
40174058 chapter and if the appellant school corporation requests the
40184059 public question to be placed on the ballot at a special election,
40194060 the public question shall be placed on the ballot at a special
40204061 election to be held on the first Tuesday after the first Monday
40214062 in May or November of the year. The certification must occur
40224063 not later than noon:
40234064 (A) sixty (60) days before a special election to be held in
40244065 May (if the special election is to be held in May); or
40254066 (B) August 1 (if the special election is to be held in
40264067 November).
40274068 (c) If the referendum under subsection (b) is not conducted at a
40284069 primary election, general election, or municipal election, the
40294070 appellant school corporation in which the referendum is to be held
40304071 shall pay all the costs of holding the referendum.
40314072 (d) A school corporation described in subsection (a):
4032-SB 224—LS 7130/DI 144 95
4073+SB 224—LS 7130/DI 144 96
40334074 (1) may hold not more than one (1) referendum under
40344075 subsection (b); and
40354076 (2) must align the expiration of the tax levy imposed as a
40364077 result of a referendum under subsection (b) to allow a
40374078 subsequent referendum to occur on a date permitted under
40384079 IC 3-10-9-3(a).".
40394080 Page 70, after line 25, begin a new paragraph and insert:
40404081 "SECTION 71. An emergency is declared for this act.".
40414082 Renumber all SECTIONS consecutively.
40424083 and when so amended that said bill do pass and be reassigned to the
40434084 Senate Committee on Tax and Fiscal Policy.
40444085 (Reference is to SB 224 as introduced.)
40454086 FORD JON, Chairperson
40464087 Committee Vote: Yeas 8, Nays 0.
40474088 _____
40484089 COMMITTEE REPORT
40494090 Madam President: The Senate Committee on Tax and Fiscal Policy,
40504091 to which was referred Senate Bill No. 224, has had the same under
40514092 consideration and begs leave to report the same back to the Senate with
40524093 the recommendation that said bill be AMENDED as follows:
40534094 Page 1, line 7, delete "an employee" and insert "a member".
40544095 Page 2, delete lines 15 through 36.
40554096 Page 20, strike lines 4 through 27.
40564097 Page 20, between lines 27 and 28, begin a new line block indented
40574098 and insert:
40584099 ""Shall ________ (insert the name of the political subdivision)
40594100 issue bonds or enter into a lease to finance (insert a brief
40604101 description of the controlled project) which is estimated to
40614102 cost no more than (insert the total cost of the project) and is
40624103 estimated to ________ (insert increase or decrease, whichever
40634104 is applicable) the property tax rate for debt service by a
40644105 maximum of _____ cents per one hundred dollars ($100) of
40654106 assessed value? (insert the cent amount).
40664107 If this public question is approved by the voters, the property
40674108 tax paid annually for a median residence of __________
40684109 (insert the political subdivision's median household assessed
40694110 value) would increase _______ per year (insert dollar
4070-SB 224—LS 7130/DI 144 96
4111+SB 224—LS 7130/DI 144 97
40714112 amount). The property tax paid annually for a business
40724113 property would increase ____ per one hundred dollars ($100)
40734114 of assessed value (insert dollar amount).
40744115 (If, in the previous five (5) years, the political subdivision has
40754116 conducted a public question, the following shall be included in
40764117 the ballot language.) The most recent property tax
40774118 referendum within the boundaries of the political subdivision
40784119 for which this public question is being considered was
40794120 proposed by ________ (insert name of political subdivision) in
40804121 ______ (insert year of most recent property tax referendum)
40814122 and ________ (insert whether the measure passed or
40824123 failed).".".
40834124 Page 20, line 37, strike "and the certification of the county auditor
40844125 described in".
40854126 Page 20, line 38, strike "subsection (p)".
40864127 Page 21, line 4, strike "that are".
40874128 Page 21, line 5, strike "certified by the county auditor under
40884129 subsection (p)".
40894130 Page 25, strike lines 5 through 42.
40904131 Page 26, strike lines 1 through 42.
40914132 Page 27, strike lines 1 through 3.
40924133 Page 53, between lines 16 and 17, begin a new paragraph and insert:
40934134 "SECTION 1. IC 20-46-1-8, AS AMENDED BY P.L.174-2022,
40944135 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40954136 JANUARY 1, 2024]: Sec. 8. (a) Subject to subsections (c), (d), and (e)
40964137 and this chapter, the governing body of a school corporation may adopt
40974138 a resolution to place a referendum under this chapter on the ballot for
40984139 any of the following purposes:
40994140 (1) The governing body of the school corporation determines that
41004141 it cannot, in a calendar year, carry out its public educational duty
41014142 unless it imposes a referendum tax levy under this chapter.
41024143 (2) The governing body of the school corporation determines that
41034144 a referendum tax levy under this chapter should be imposed to
41044145 replace property tax revenue that the school corporation will not
41054146 receive because of the application of the credit under
41064147 IC 6-1.1-20.6.
41074148 (3) The governing body makes the determination required under
41084149 subdivision (1) or (2) and determines to share a portion of the
41094150 referendum proceeds with a charter school, excluding a virtual
41104151 charter school, in the manner prescribed in subsection (d).
41114152 (b) The governing body of the school corporation shall certify a
41124153 copy of the resolution to place a referendum on the ballot to the
4113-SB 224—LS 7130/DI 144 97
4154+SB 224—LS 7130/DI 144 98
41144155 following:
41154156 (1) The department of local government finance, including:
41164157 (A) the language for the question required by section 10 of this
41174158 chapter, or in the case of a resolution to extend a referendum
41184159 levy certified to the department of local government finance
41194160 after March 15, 2016, section 10.1 of this chapter; and
41204161 (B) a copy of the revenue spending plan adopted under
41214162 subsection (e).
41224163 The language of the public question must include the estimated
41234164 average percentage increases certified by the county auditor under
41244165 section 10(e) or 10.1(f) of this chapter, as applicable. The
41254166 governing body of the school corporation shall also provide the
41264167 county auditor's certification described in section 10(e) or 10.1(f)
41274168 of this chapter, as applicable. The department of local government
41284169 finance shall post the values certified by the county auditor to the
41294170 department's Internet web site. The department shall review the
41304171 language for compliance with section 10 or 10.1 of this chapter,
41314172 whichever is applicable, and either approve or reject the language.
41324173 The department shall send its decision to the governing body of
41334174 the school corporation not more than ten (10) days after the
41344175 resolution is submitted to the department. If the language is
41354176 approved, the governing body of the school corporation shall
41364177 certify a copy of the resolution, including the language for the
41374178 question and the department's approval.
41384179 (2) The county fiscal body of each county in which the school
41394180 corporation is located (for informational purposes only).
41404181 (3) The circuit court clerk of each county in which the school
41414182 corporation is located.
41424183 (c) If a school safety referendum tax levy under IC 20-46-9 has been
41434184 approved by the voters in a school corporation at any time in the
41444185 previous three (3) years, the school corporation may not:
41454186 (1) adopt a resolution to place a referendum under this chapter on
41464187 the ballot; or
41474188 (2) otherwise place a referendum under this chapter on the ballot.
41484189 (d) The resolution described in subsection (a) must indicate whether
41494190 proceeds in the school corporation's education fund collected from a
41504191 tax levy under this chapter will be used to provide a distribution to a
41514192 charter school or charter schools, excluding a virtual charter school,
41524193 under IC 20-40-3-5 as well as the amount that will be distributed to the
41534194 particular charter school or charter schools. A school corporation may
41544195 request from the designated charter school or charter schools any
41554196 financial documentation necessary to demonstrate the financial need of
4156-SB 224—LS 7130/DI 144 98
4197+SB 224—LS 7130/DI 144 99
41574198 the charter school or charter schools.
41584199 (e) As part of the resolution described in subsection (a), the
41594200 governing body of the school corporation shall adopt a revenue
41604201 spending plan for the proposed referendum tax levy that includes:
41614202 (1) an estimate of the amount of annual revenue expected to be
41624203 collected if a levy is imposed under this chapter;
41634204 (2) the specific purposes for which the revenue collected from a
41644205 levy imposed under this chapter will be used; and
41654206 (3) an estimate of the annual dollar amounts that will be expended
41664207 for each purpose described in subdivision (2).
41674208 (f) A school corporation shall specify in its proposed budget the
41684209 school corporation's revenue spending plan adopted under subsection
41694210 (e) and annually present the revenue spending plan at its public hearing
41704211 on the proposed budget under IC 6-1.1-17-3.".
41714212 Page 53, between lines 25 and 26, begin a new paragraph and insert:
41724213 "SECTION 52. IC 20-46-1-10, AS AMENDED BY P.L.174-2022,
41734214 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41744215 JANUARY 1, 2024]: Sec. 10. (a) This section does not apply to a
41754216 referendum on a resolution certified to the department of local
41764217 government finance after March 15, 2016, to extend a referendum levy.
41774218 (b) The question to be submitted to the voters in the referendum
41784219 must read as follows:
41794220 "Shall the school corporation increase property taxes paid to the
41804221 school corporation by homeowners and businesses for _____
41814222 (insert number of years) years immediately following the holding
41824223 of the referendum for the purpose of funding ______ (insert short
41834224 description of purposes)? If this public question is approved by
41844225 the voters, the average property tax paid to the school corporation
41854226 per year on a residence would increase by ______% (insert the
41864227 estimated average percentage of property tax increase paid to the
41874228 school corporation on a residence within the school corporation
41884229 as determined under subsection (c)) and the average property tax
41894230 paid to the school corporation per year on a business property
41904231 would increase by ______% (insert the estimated average
41914232 percentage of property tax increase paid to the school corporation
41924233 on a business property within the school corporation as
41934234 determined under subsection (d)). The most recent property tax
41944235 referendum proposed by the school corporation was held in
41954236 ______ (insert year) and ________ (insert whether the measure
41964237 passed or failed).".
41974238 "For the _____ (insert number) calendar year or years
41984239 immediately following the holding of the referendum, shall the
4199-SB 224—LS 7130/DI 144 99
4240+SB 224—LS 7130/DI 144 100
42004241 school corporation impose a property tax that is in addition
42014242 to all other property taxes imposed by the school corporation
42024243 for the purpose of funding _____________ (insert short
42034244 description of purposes) at a property tax rate that does not
42044245 exceed the rate necessary to fund an annual property tax levy
42054246 amount of __________ dollars (insert dollar amount)?
42064247 If this public question is approved by the voters, the property
42074248 tax paid annually for a median residence of __________
42084249 (insert the political subdivision's median household assessed
42094250 value) would increase _______ per year (insert dollar
42104251 amount). The property tax paid annually for a business
42114252 property would increase ____ per one hundred dollars ($100)
42124253 of assessed value (insert dollar amount).
42134254 (If, in the previous five (5) years, the school corporation has
42144255 conducted a public question, the following shall be included in
42154256 the ballot language.) The most recent property tax
42164257 referendum proposed by the school corporation was held in
42174258 ______ (insert year) and ________ (insert whether the
42184259 measure passed or failed).".
42194260 (c) At the request of the governing body of a school corporation that
42204261 proposes to impose property taxes under this chapter, the county
42214262 auditor of the county in which the school corporation is located shall
42224263 determine the estimated average percentage of property tax increase on
42234264 a homestead to be paid to the school corporation that must be included
42244265 in the public question under subsection (b) as follows:
42254266 STEP ONE: Determine the average assessed value of a homestead
42264267 located within the school corporation.
42274268 STEP TWO: For purposes of determining the net assessed value
42284269 of the average homestead located within the school corporation,
42294270 subtract:
42304271 (A) an amount for the homestead standard deduction under
42314272 IC 6-1.1-12-37 as if the homestead described in STEP ONE
42324273 was eligible for the deduction; and
42334274 (B) an amount for the supplemental homestead deduction
42344275 under IC 6-1.1-12-37.5 as if the homestead described in STEP
42354276 ONE was eligible for the deduction;
42364277 from the result of STEP ONE.
42374278 STEP THREE: Divide the result of STEP TWO by one hundred
42384279 (100).
42394280 STEP FOUR: Determine the overall average tax rate per one
42404281 hundred dollars ($100) of assessed valuation for the current year
42414282 imposed on property located within the school corporation.
4242-SB 224—LS 7130/DI 144 100
4283+SB 224—LS 7130/DI 144 101
42434284 STEP FIVE: For purposes of determining net property tax liability
42444285 of the average homestead located within the school corporation:
42454286 (A) multiply the result of STEP THREE by the result of STEP
42464287 FOUR; and
42474288 (B) as appropriate, apply any currently applicable county
42484289 property tax credit rates and the credit for excessive property
42494290 taxes under IC 6-1.1-20.6-7.5(a)(1).
42504291 STEP SIX: Determine the amount of the school corporation's part
42514292 of the result determined in STEP FIVE.
42524293 STEP SEVEN: Multiply:
42534294 (A) the tax rate that will be imposed if the public question is
42544295 approved by the voters; by
42554296 (B) the result of STEP THREE.
42564297 STEP EIGHT: Divide the result of STEP SEVEN by the result of
42574298 STEP SIX, expressed as a percentage.
42584299 (d) At the request of the governing body of a school corporation that
42594300 proposes to impose property taxes under this chapter, the county
42604301 auditor of the county in which the school corporation is located shall
42614302 determine the estimated average percentage of property tax increase on
42624303 a business property to be paid to the school corporation that must be
42634304 included in the public question under subsection (b) as follows:
42644305 STEP ONE: Determine the average assessed value of business
42654306 property located within the school corporation.
42664307 STEP TWO: Divide the result of STEP ONE by one hundred
42674308 (100).
42684309 STEP THREE: Determine the overall average tax rate per one
42694310 hundred dollars ($100) of assessed valuation for the current year
42704311 imposed on property located within the school corporation.
42714312 STEP FOUR: For purposes of determining net property tax
42724313 liability of the average business property located within the school
42734314 corporation:
42744315 (A) multiply the result of STEP TWO by the result of STEP
42754316 THREE; and
42764317 (B) as appropriate, apply any currently applicable county
42774318 property tax credit rates and the credit for excessive property
42784319 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
42794320 was three percent (3%).
42804321 STEP FIVE: Determine the amount of the school corporation's
42814322 part of the result determined in STEP FOUR.
42824323 STEP SIX: Multiply:
42834324 (A) the result of STEP TWO; by
42844325 (B) the tax rate that will be imposed if the public question is
4285-SB 224—LS 7130/DI 144 101
4326+SB 224—LS 7130/DI 144 102
42864327 approved by the voters.
42874328 STEP SEVEN: Divide the result of STEP SIX by the result of
42884329 STEP FIVE, expressed as a percentage.
42894330 (e) The county auditor shall certify the estimated average percentage
42904331 of property tax increase on a homestead to be paid to the school
42914332 corporation determined under subsection (c), and the estimated average
42924333 percentage of property tax increase on a business property to be paid
42934334 to the school corporation determined under subsection (d), in a manner
42944335 prescribed by the department of local government finance, and provide
42954336 the certification to the governing body of the school corporation that
42964337 proposes to impose property taxes.
42974338 SECTION 53. IC 20-46-1-10.1, AS AMENDED BY P.L.174-2022,
42984339 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42994340 JANUARY 1, 2024]: Sec. 10.1. (a) This section applies only to a
43004341 referendum to allow a school corporation to extend a referendum levy.
43014342 (b) The question to be submitted to the voters in the referendum
43024343 must read as follows:
43034344 "Shall the school corporation continue to impose increased
43044345 property taxes paid to the school corporation by homeowners and
43054346 businesses for _____ (insert number of years) years immediately
43064347 following the holding of the referendum for the purpose of
43074348 funding ______ (insert short description of purposes)? The
43084349 property tax increase requested in this referendum was originally
43094350 approved by the voters in _______ (insert the year in which the
43104351 referendum tax levy was approved) and originally increased the
43114352 average property tax paid to the school corporation per year on a
43124353 residence within the school corporation by ______% (insert the
43134354 original estimated average percentage of property tax increase on
43144355 a residence within the school corporation) and originally
43154356 increased the average property tax paid to the school corporation
43164357 per year on a business property within the school corporation by
43174358 ______% (insert the original estimated average percentage of
43184359 property tax increase on a business within the school
43194360 corporation).".
43204361 "Shall the school corporation continue to impose a property
43214362 tax that is in addition to all other property taxes imposed by
43224363 the school corporation for the purpose of funding
43234364 _____________ (insert short description of purposes) at a
43244365 property tax rate that does not exceed the rate necessary to
43254366 fund an annual property tax levy amount of __________
43264367 dollars (insert dollar amount)?
43274368 The property tax requested in this referendum was originally
4328-SB 224—LS 7130/DI 144 102
4369+SB 224—LS 7130/DI 144 103
43294370 approved by the voters in _______ (insert the year in which
43304371 the referendum tax levy was approved) and originally
43314372 increased the property tax rate by a maximum of _____ cents
43324373 per one hundred dollars ($100) of assessed value (insert the
43334374 cent amount). The property tax requested in this referendum
43344375 is estimated to cost no more than (insert the total cost) and is
43354376 estimated to increase the property tax rate by a maximum of
43364377 _____ cents per one hundred dollars ($100) of assessed value
43374378 (insert the cent amount).".
43384379 (c) The number of years for which a referendum tax levy may be
43394380 extended if the public question under this section is approved may not
43404381 exceed eight (8) years.
43414382 (d) At the request of the governing body of a school corporation that
43424383 proposes to impose property taxes under this chapter, the county
43434384 auditor of the county in which the school corporation is located shall
43444385 determine the estimated average percentage of property tax increase on
43454386 a homestead to be paid to the school corporation that must be included
43464387 in the public question under subsection (b) as follows:
43474388 STEP ONE: Determine the average assessed value of a homestead
43484389 located within the school corporation for the first year in which
43494390 the referendum levy was imposed.
43504391 STEP TWO: For purposes of determining the net assessed value
43514392 of the average homestead located within the school corporation,
43524393 subtract:
43534394 (A) an amount for the homestead standard deduction under
43544395 IC 6-1.1-12-37 as if the homestead described in STEP ONE
43554396 was eligible for the deduction; and
43564397 (B) an amount for the supplemental homestead deduction
43574398 under IC 6-1.1-12-37.5 as if the homestead described in STEP
43584399 ONE was eligible for the deduction;
43594400 from the result of STEP ONE.
43604401 STEP THREE: Divide the result of STEP TWO by one hundred
43614402 (100).
43624403 STEP FOUR: Determine the overall average tax rate per one
43634404 hundred dollars ($100) of assessed valuation for the first year in
43644405 which the referendum levy was imposed on property located
43654406 within the school corporation.
43664407 STEP FIVE: For purposes of determining net property tax liability
43674408 of the average homestead located within the school corporation:
43684409 (A) multiply the result of STEP THREE by the result of STEP
43694410 FOUR; and
43704411 (B) as appropriate, apply any currently applicable county
4371-SB 224—LS 7130/DI 144 103
4412+SB 224—LS 7130/DI 144 104
43724413 property tax credit rates and the credit for excessive property
43734414 taxes under IC 6-1.1-20.6-7.5(a)(1).
43744415 STEP SIX: Determine the amount of the school corporation's part
43754416 of the result determined in STEP FIVE.
43764417 STEP SEVEN: Multiply:
43774418 (A) the tax rate that will be imposed if the public question is
43784419 approved by the voters; by
43794420 (B) the result of STEP THREE.
43804421 STEP EIGHT: Divide the result of STEP SEVEN by the result of
43814422 STEP SIX, expressed as a percentage.
43824423 (e) At the request of the governing body of a school corporation that
43834424 proposes to impose property taxes under this chapter, the county
43844425 auditor of the county in which the school corporation is located shall
43854426 determine the estimated average percentage of property tax increase on
43864427 a business property to be paid to the school corporation that must be
43874428 included in the public question under subsection (b) as follows:
43884429 STEP ONE: Determine the average assessed value of business
43894430 property located within the school corporation for the first year in
43904431 which the referendum levy was imposed.
43914432 STEP TWO: Divide the result of STEP ONE by one hundred
43924433 (100).
43934434 STEP THREE: Determine the overall average tax rate per one
43944435 hundred dollars ($100) of assessed valuation for the first year in
43954436 which the referendum levy was imposed on property located
43964437 within the school corporation.
43974438 STEP FOUR: For purposes of determining net property tax
43984439 liability of the average business property located within the school
43994440 corporation:
44004441 (A) multiply the result of STEP TWO by the result of STEP
44014442 THREE; and
44024443 (B) as appropriate, apply any currently applicable county
44034444 property tax credit rates and the credit for excessive property
44044445 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
44054446 was three percent (3%).
44064447 STEP FIVE: Determine the amount of the school corporation's
44074448 part of the result determined in STEP FOUR.
44084449 STEP SIX: Multiply:
44094450 (A) the result of STEP TWO; by
44104451 (B) the tax rate that will be imposed if the public question is
44114452 approved by the voters.
44124453 STEP SEVEN: Divide the result of STEP SIX by the result of
44134454 STEP FIVE, expressed as a percentage.
4414-SB 224—LS 7130/DI 144 104
4455+SB 224—LS 7130/DI 144 105
44154456 (f) The county auditor shall certify the estimated average percentage
44164457 of property tax increase on a homestead to be paid to the school
44174458 corporation determined under subsection (d), and the estimated average
44184459 percentage of property tax increase on a business property to be paid
44194460 to the school corporation determined under subsection (e), in a manner
44204461 prescribed by the department of local government finance, and provide
44214462 the certification to the governing body of the school corporation that
44224463 proposes to impose property taxes.".
44234464 Page 55, between lines 15 and 16, begin a new paragraph and insert:
44244465 "SECTION 2. IC 20-46-9-6, AS AMENDED BY P.L.174-2022,
44254466 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44264467 JANUARY 1, 2024]: Sec. 6. (a) Subject to this chapter, the governing
44274468 body of a school corporation may adopt a resolution to place a
44284469 referendum under this chapter on the ballot if the governing body of the
44294470 school corporation determines that a referendum levy should be
44304471 imposed for measures to improve school safety as described in
44314472 IC 20-40-20-6(a) or IC 20-40-20-6(b).
44324473 (b) A school corporation may, with the approval of the majority of
44334474 members of the governing body, distribute a portion of the proceeds of
44344475 a tax levy collected under this chapter that is deposited in the fund to
44354476 a charter school, excluding a virtual charter school, that is located
44364477 within the attendance area of the school corporation, to be used by the
44374478 charter school for the purposes described in IC 20-40-20-6(a).
44384479 (c) The governing body of the school corporation shall certify a
44394480 copy of the resolution to the following:
44404481 (1) The department of local government finance, including:
44414482 (A) the language for the question required by section 9 of this
44424483 chapter, or in the case of a resolution to extend a referendum
44434484 levy certified to the department of local government finance,
44444485 section 10 of this chapter; and
44454486 (B) a copy of the revenue spending plan adopted under
44464487 subsection (e).
44474488 The language of the public question must include the estimated
44484489 average percentage increases certified by the county auditor under
44494490 section 9(d) or 10(f) of this chapter, as applicable. The governing
44504491 body of the school corporation shall also provide the county
44514492 auditor's certification described in section 9(d) or 10(f) of this
44524493 chapter, as applicable. The department of local government
44534494 finance shall post the values certified by the county auditor to the
44544495 department's Internet web site. The department shall review the
44554496 language for compliance with section 9 or 10 of this chapter,
44564497 whichever is applicable, and either approve or reject the language.
4457-SB 224—LS 7130/DI 144 105
4498+SB 224—LS 7130/DI 144 106
44584499 The department shall send its decision to the governing body of
44594500 the school corporation not more than ten (10) days after the
44604501 resolution is submitted to the department. If the language is
44614502 approved, the governing body of the school corporation shall
44624503 certify a copy of the resolution, including the language for the
44634504 question and the department's approval.
44644505 (2) The county fiscal body of each county in which the school
44654506 corporation is located (for informational purposes only).
44664507 (3) The circuit court clerk of each county in which the school
44674508 corporation is located.
44684509 (d) The resolution described in subsection (a) must indicate whether
44694510 proceeds in the school corporation's fund collected from a tax levy
44704511 under this chapter will be used to provide a distribution to a charter
44714512 school or charter schools, excluding a virtual charter school, under
44724513 IC 20-40-20-6(b) as well as the amount that will be distributed to the
44734514 particular charter school or charter schools. A school corporation may
44744515 request from the designated charter school or charter schools any
44754516 financial documentation necessary to demonstrate the financial need of
44764517 the charter school or charter schools.
44774518 (e) As part of the resolution described in subsection (a), the
44784519 governing body of the school corporation shall adopt a revenue
44794520 spending plan for the proposed referendum tax levy that includes:
44804521 (1) an estimate of the amount of annual revenue expected to be
44814522 collected if a levy is imposed under this chapter;
44824523 (2) the specific purposes described in IC 20-40-20-6 for which the
44834524 revenue collected from a levy imposed under this chapter will be
44844525 used; and
44854526 (3) an estimate of the annual dollar amounts that will be expended
44864527 for each purpose described in subdivision (2).
44874528 (f) A school corporation shall specify in its proposed budget the
44884529 school corporation's revenue spending plan adopted under subsection
44894530 (e) and annually present the revenue spending plan at its public hearing
44904531 on the proposed budget under IC 6-1.1-17-3.
44914532 SECTION 55. IC 20-46-9-9, AS AMENDED BY P.L.174-2022,
44924533 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44934534 JANUARY 1, 2024]: Sec. 9. (a) The question to be submitted to the
44944535 voters in the referendum must read as follows:
44954536 "Shall the school corporation increase property taxes paid to the
44964537 school corporation by homeowners and businesses for _____
44974538 (insert number of years) years immediately following the holding
44984539 of the referendum for the purpose of funding ______ (insert short
44994540 description of purposes)? If this public question is approved by
4500-SB 224—LS 7130/DI 144 106
4541+SB 224—LS 7130/DI 144 107
45014542 the voters, the average property tax paid to the school corporation
45024543 per year on a residence would increase by ______% (insert the
45034544 estimated average percentage of property tax increase paid to the
45044545 school corporation on a residence within the school corporation
45054546 as determined under subsection (b)) and the average property tax
45064547 paid to the school corporation per year on a business property
45074548 would increase by ______% (insert the estimated average
45084549 percentage of property tax increase paid to the school corporation
45094550 on a business property within the school corporation as
45104551 determined under subsection (c)). The most recent property tax
45114552 referendum proposed by the school corporation was held in
45124553 ______ (insert year) and ________ (insert whether the measure
45134554 passed or failed).".
45144555 "For the _____ (insert number) calendar year or years
45154556 immediately following the holding of the referendum, shall the
45164557 school corporation impose a property tax that is in addition
45174558 to all other property taxes imposed by the school corporation
45184559 for the purpose of funding _____________ (insert short
45194560 description of purposes) at a property tax rate that does not
45204561 exceed the rate necessary to fund an annual property tax levy
45214562 amount of __________ dollars (insert dollar amount)?
45224563 If this public question is approved by the voters, the property
45234564 tax paid annually for a median residence of __________
45244565 (insert the political subdivision's median household assessed
45254566 value) would increase _______ per year (insert dollar
45264567 amount). The property tax paid annually for a business
45274568 property would increase ____ per one hundred dollars ($100)
45284569 of assessed value (insert dollar amount).
45294570 (If, in the previous five (5) years, the school corporation has
45304571 conducted a public question, the following shall be included in
45314572 the ballot language.) The most recent property tax
45324573 referendum proposed by the school corporation was held in
45334574 ______ (insert year) and ________ (insert whether the
45344575 measure passed or failed).".
45354576 (b) At the request of the governing body of a school corporation that
45364577 proposes to impose property taxes under this chapter, the county
45374578 auditor of the county in which the school corporation is located shall
45384579 determine the estimated average percentage of property tax increase on
45394580 a homestead to be paid to the school corporation that must be included
45404581 in the public question under subsection (a) as follows:
45414582 STEP ONE: Determine the average assessed value of a homestead
45424583 located within the school corporation.
4543-SB 224—LS 7130/DI 144 107
4584+SB 224—LS 7130/DI 144 108
45444585 STEP TWO: For purposes of determining the net assessed value
45454586 of the average homestead located within the school corporation,
45464587 subtract:
45474588 (A) an amount for the homestead standard deduction under
45484589 IC 6-1.1-12-37 as if the homestead described in STEP ONE
45494590 was eligible for the deduction; and
45504591 (B) an amount for the supplemental homestead deduction
45514592 under IC 6-1.1-12-37.5 as if the homestead described in STEP
45524593 ONE was eligible for the deduction;
45534594 from the result of STEP ONE.
45544595 STEP THREE: Divide the result of STEP TWO by one hundred
45554596 (100).
45564597 STEP FOUR: Determine the overall average tax rate per one
45574598 hundred dollars ($100) of assessed valuation for the current year
45584599 imposed on property located within the school corporation.
45594600 STEP FIVE: For purposes of determining net property tax liability
45604601 of the average homestead located within the school corporation:
45614602 (A) multiply the result of STEP THREE by the result of STEP
45624603 FOUR; and
45634604 (B) as appropriate, apply any currently applicable county
45644605 property tax credit rates and the credit for excessive property
45654606 taxes under IC 6-1.1-20.6-7.5(a)(1).
45664607 STEP SIX: Determine the amount of the school corporation's part
45674608 of the result determined in STEP FIVE.
45684609 STEP SEVEN: Multiply:
45694610 (A) the tax rate that will be imposed if the public question is
45704611 approved by the voters; by
45714612 (B) the result of STEP THREE.
45724613 STEP EIGHT: Divide the result of STEP SEVEN by the result of
45734614 STEP SIX, expressed as a percentage.
45744615 (c) At the request of the governing body of a school corporation that
45754616 proposes to impose property taxes under this chapter, the county
45764617 auditor of the county in which the school corporation is located shall
45774618 determine the estimated average percentage of property tax increase on
45784619 a business property to be paid to the school corporation that must be
45794620 included in the public question under subsection (a) as follows:
45804621 STEP ONE: Determine the average assessed value of business
45814622 property located within the school corporation.
45824623 STEP TWO: Divide the result of STEP ONE by one hundred
45834624 (100).
45844625 STEP THREE: Determine the overall average tax rate per one
45854626 hundred dollars ($100) of assessed valuation for the current year
4586-SB 224—LS 7130/DI 144 108
4627+SB 224—LS 7130/DI 144 109
45874628 imposed on property located within the school corporation.
45884629 STEP FOUR: For purposes of determining net property tax
45894630 liability of the average business property located within the school
45904631 corporation:
45914632 (A) multiply the result of STEP TWO by the result of STEP
45924633 THREE; and
45934634 (B) as appropriate, apply any currently applicable county
45944635 property tax credit rates and the credit for excessive property
45954636 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
45964637 was three percent (3%).
45974638 STEP FIVE: Determine the amount of the school corporation's
45984639 part of the result determined in STEP FOUR.
45994640 STEP SIX: Multiply:
46004641 (A) the result of STEP TWO; by
46014642 (B) the tax rate that will be imposed if the public question is
46024643 approved by the voters.
46034644 STEP SEVEN: Divide the result of STEP SIX by the result of
46044645 STEP FIVE, expressed as a percentage.
46054646 (d) The county auditor shall certify the estimated average
46064647 percentage of property tax increase on a homestead to be paid to the
46074648 school corporation determined under subsection (b), and the estimated
46084649 average percentage of property tax increase on a business property to
46094650 be paid to the school corporation determined under subsection (c), in
46104651 a manner prescribed by the department of local government finance,
46114652 and provide the certification to the governing body of the school
46124653 corporation that proposes to impose property taxes.
46134654 SECTION 56. IC 20-46-9-10, AS AMENDED BY P.L.174-2022,
46144655 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46154656 JANUARY 1, 2024]: Sec. 10. (a) This section applies only to a
46164657 referendum to allow a school corporation to extend a referendum tax
46174658 levy.
46184659 (b) The question to be submitted to the voters in the referendum
46194660 must read as follows:
46204661 "Shall the school corporation continue to impose increased
46214662 property taxes paid to the school corporation by homeowners and
46224663 businesses for _____ (insert number of years) years immediately
46234664 following the holding of the referendum for the purpose of
46244665 funding ______ (insert short description of purposes)? The
46254666 property tax increase requested in this referendum was originally
46264667 approved by the voters in _______ (insert the year in which the
46274668 referendum tax levy was approved) and originally increased the
46284669 average property tax paid to the school corporation per year on a
4629-SB 224—LS 7130/DI 144 109
4670+SB 224—LS 7130/DI 144 110
46304671 residence within the school corporation by ______% (insert the
46314672 original estimated average percentage of property tax increase on
46324673 a residence within the school corporation) and originally
46334674 increased the average property tax paid to the school corporation
46344675 per year on a business property within the school corporation by
46354676 ______% (insert the original estimated average percentage of
46364677 property tax increase on a business within the school
46374678 corporation).".
46384679 "Shall the school corporation continue to impose a property
46394680 tax that is in addition to all other property taxes imposed by
46404681 the school corporation for the purpose of funding
46414682 _____________ (insert short description of purposes) at a
46424683 property tax rate that does not exceed the rate necessary to
46434684 fund an annual property tax levy amount of __________
46444685 dollars (insert dollar amount)?
46454686 The property tax requested in this referendum was originally
46464687 approved by the voters in _______ (insert the year in which
46474688 the referendum tax levy was approved) and originally
46484689 increased the property tax rate by a maximum of _____ cents
46494690 per one hundred dollars ($100) of assessed value (insert the
46504691 cent amount). The property tax requested in this referendum
46514692 is estimated to cost no more than (insert the total cost) and is
46524693 estimated to increase the property tax rate by a maximum of
46534694 _____ cents per one hundred dollars ($100) of assessed value
46544695 (insert the cent amount).".
46554696 (c) The number of years for which a referendum tax levy may be
46564697 extended if the public question under this section is approved may not
46574698 exceed the number of years for which the expiring referendum tax levy
46584699 was imposed.
46594700 (d) At the request of the governing body of a school corporation that
46604701 proposes to impose property taxes under this chapter, the county
46614702 auditor of the county in which the school corporation is located shall
46624703 determine the estimated average percentage of property tax increase on
46634704 a homestead to be paid to the school corporation that must be included
46644705 in the public question under subsection (b) as follows:
46654706 STEP ONE: Determine the average assessed value of a homestead
46664707 located within the school corporation for the first year in which
46674708 the referendum levy was imposed.
46684709 STEP TWO: For purposes of determining the net assessed value
46694710 of the average homestead located within the school corporation,
46704711 subtract:
46714712 (A) an amount for the homestead standard deduction under
4672-SB 224—LS 7130/DI 144 110
4713+SB 224—LS 7130/DI 144 111
46734714 IC 6-1.1-12-37 as if the homestead described in STEP ONE
46744715 was eligible for the deduction; and
46754716 (B) an amount for the supplemental homestead deduction
46764717 under IC 6-1.1-12-37.5 as if the homestead described in STEP
46774718 ONE was eligible for the deduction;
46784719 from the result of STEP ONE.
46794720 STEP THREE: Divide the result of STEP TWO by one hundred
46804721 (100).
46814722 STEP FOUR: Determine the overall average tax rate per one
46824723 hundred dollars ($100) of assessed valuation for the first year in
46834724 which the referendum levy was imposed on property located
46844725 within the school corporation.
46854726 STEP FIVE: For purposes of determining net property tax liability
46864727 of the average homestead located within the school corporation:
46874728 (A) multiply the result of STEP THREE by the result of STEP
46884729 FOUR; and
46894730 (B) as appropriate, apply any currently applicable county
46904731 property tax credit rates and the credit for excessive property
46914732 taxes under IC 6-1.1-20.6-7.5(a)(1).
46924733 STEP SIX: Determine the amount of the school corporation's part
46934734 of the result determined in STEP FIVE.
46944735 STEP SEVEN: Multiply:
46954736 (A) the tax rate that will be imposed if the public question is
46964737 approved by the voters; by
46974738 (B) the result of STEP THREE.
46984739 STEP EIGHT: Divide the result of STEP SEVEN by the result of
46994740 STEP SIX, expressed as a percentage.
47004741 (e) At the request of the governing body of a school corporation that
47014742 proposes to impose property taxes under this chapter, the county
47024743 auditor of the county in which the school corporation is located shall
47034744 determine the estimated average percentage of property tax increase on
47044745 a business property to be paid to the school corporation that must be
47054746 included in the public question under subsection (b) as follows:
47064747 STEP ONE: Determine the average assessed value of business
47074748 property located within the school corporation for the first year in
47084749 which the referendum levy was imposed.
47094750 STEP TWO: Divide the result of STEP ONE by one hundred
47104751 (100).
47114752 STEP THREE: Determine the overall average tax rate per one
47124753 hundred dollars ($100) of assessed valuation for the first year in
47134754 which the referendum levy was imposed on property located
47144755 within the school corporation.
4715-SB 224—LS 7130/DI 144 111
4756+SB 224—LS 7130/DI 144 112
47164757 STEP FOUR: For purposes of determining net property tax
47174758 liability of the average business property located within the school
47184759 corporation:
47194760 (A) multiply the result of STEP TWO by the result of STEP
47204761 THREE; and
47214762 (B) as appropriate, apply any currently applicable county
47224763 property tax credit rates and the credit for excessive property
47234764 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
47244765 was three percent (3%).
47254766 STEP FIVE: Determine the amount of the school corporation's
47264767 part of the result determined in STEP FOUR.
47274768 STEP SIX: Multiply:
47284769 (A) the result of STEP TWO; by
47294770 (B) the tax rate that will be imposed if the public question is
47304771 approved by the voters.
47314772 STEP SEVEN: Divide the result of STEP SIX by the result of
47324773 STEP FIVE, expressed as a percentage.
47334774 (f) The county auditor shall certify the estimated average percentage
47344775 of property tax increase on a homestead to be paid to the school
47354776 corporation determined under subsection (d), and the estimated average
47364777 percentage of property tax increase on a business property to be paid
47374778 to the school corporation determined under subsection (e), in a manner
47384779 prescribed by the department of local government finance, and provide
47394780 the certification to the governing body of the school corporation that
47404781 proposes to impose property taxes.".
47414782 Page 75, delete line 3.
47424783 Renumber all SECTIONS consecutively.
47434784 and when so amended that said bill do pass.
47444785 (Reference is to SB 224 as printed February 1, 2023.)
47454786 HOLDMAN, Chairperson
47464787 Committee Vote: Yeas 12, Nays 1.
4747-_____
4748-SENATE MOTION
4749-Madam President: I move that Senate Bill 224 be amended to read
4750-as follows:
4751-Replace the effective date in SECTION 30 with "[EFFECTIVE
4752-JULY 1, 2023]".
4753-SB 224—LS 7130/DI 144 112
4754-Replace the effective date in SECTION 49 with "[EFFECTIVE
4755-JULY 1, 2023]".
4756-Replace the effective dates in SECTIONS 51 through 52 with
4757-"[EFFECTIVE JULY 1, 2023]".
4758-Replace the effective dates in SECTIONS 55 through 57 with
4759-"[EFFECTIVE JULY 1, 2023]".
4760-Page 2, delete lines 15 through 42.
4761-Delete pages 3 through 6.
4762-Page 7, delete lines 1 through 40.
4763-Page 8, delete lines 21 through 42.
4764-Page 9, delete lines 1 through 42, begin a new paragraph and insert:
4765-"SECTION 5. IC 3-10-9-3, AS AMENDED BY P.L.225-2011,
4766-SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4767-JANUARY 1, 2024]: Sec. 3. (a) This subsection applies only to a
4768-county that is not designated as a vote center county under
4769-IC 3-11-18.1. Except as provided in subsection (c), a referendum or
4770-local public question may be placed on the ballot only at the
4771-following elections:
4772-(1) A general election.
4773-(2) A municipal general election, but only if the election
4774-district for the public question is contained entirely within a
4775-municipality.
4776-(b) If a local public question must be certified to an election board
4777-by law, that certification must occur no not later than noon:
4778-(1) seventy-four (74) days before a primary election if the public
4779-question is to be placed on the primary or municipal primary
4780-election ballot; or
4781-(2) August 1 if the public question is to be placed on the general
4782-or municipal election ballot.
4783-(c) This subsection applies only to a school corporation:
4784-(1) in a county that is not designated as a vote center county
4785-under IC 3-11-18.1; and
4786-(2) that imposed an operating referendum tax levy:
4787-(A) before January 1, 2024; and
4788-(B) that will expire after December 31, 2023.
4789-A school corporation may hold a referendum under IC 20-46-1 at
4790-the next election permitted under IC 20-46-1-14.5.".
4791-Page 10, delete lines 1 through 2.
4792-Page 14, delete lines 3 through 42.
4793-Page 15, delete lines 1 through 13.
4794-Page 18, delete lines 11 through 42, begin a new paragraph and
4795-insert:
4796-SB 224—LS 7130/DI 144 113
4797-"SECTION 19. IC 4-33-6-19 IS AMENDED TO READ AS
4798-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 19. (a) This
4799-section applies to:
4800-(1) a county contiguous to the Ohio River;
4801-(2) a county containing a historic hotel district; and
4802-(3) a county contiguous to Lake Michigan that has a population
4803-of less than four hundred thousand (400,000).
4804-(b) Notwithstanding any other provision of this article, the
4805-commission may not:
4806-(1) issue a license under this article to allow a riverboat to operate
4807-in the county; or
4808-(2) enter into a contract with an operating agent under
4809-IC 4-33-6.5;
4810-unless the voters of the county have approved the conducting of
4811-gambling games on riverboats in the county.
4812-(c) If the docking of a riverboat in the county is approved by an
4813-ordinance adopted under section 18 of this chapter, or if at least the
4814-number of the registered voters of the county required under IC 3-8-6-3
4815-for a petition to place a candidate on the ballot sign a petition submitted
4816-to the circuit court clerk requesting that a local public question
4817-concerning riverboat gaming be placed on the ballot, the county
4818-election board shall place the following question on the ballot in the
4819-county: during the next primary or general election:
4820-"Shall riverboat gambling be permitted in ____ County?".
4821-A county designated as a vote center county shall place the
4822-question on the ballot at the next primary or general election. A
4823-county that is not designated as a vote center county shall place the
4824-question on the ballot at the next election permitted under
4825-IC 3-10-9-3(a).
4826-(d) A public question under this section shall be placed on the ballot
4827-in accordance with IC 3-10-9 and must be certified in accordance with
4828-IC 3-10-9-3.
4829-(e) The clerk of the circuit court clerk of a county holding an
4830-election under this chapter shall certify the results determined under
4831-IC 3-12-4-9 to the commission and the department of state revenue.
4832-(f) If a public question under this section is placed on the ballot in
4833-a county and the voters of the county do not vote in favor of permitting
4834-riverboat gambling under this article, a second public question under
4835-this section may not be held in that county for at least two (2) years. If
4836-the voters of the county vote to reject riverboat gambling a second time,
4837-a third or subsequent public question under this section may not be
4838-held in that county until the general election held during the tenth year
4839-SB 224—LS 7130/DI 144 114
4840-following the year that the previous public question was placed on the
4841-ballot.
4842-SECTION 20. IC 6-1.1-20-3.6, AS AMENDED BY P.L.174-2022,
4843-SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4844-JULY 1, 2023]: Sec. 3.6. (a) Except as provided in sections 3.7 and 3.8
4845-of this chapter, this section applies only to a controlled project
4846-described in section 3.5(a) of this chapter.
4847-(b) If a sufficient petition requesting the application of the local
4848-public question process has been filed as set forth in section 3.5 of this
4849-chapter, a political subdivision may not impose property taxes to pay
4850-debt service on bonds or lease rentals on a lease for a controlled project
4851-unless the political subdivision's proposed debt service or lease rental
4852-is approved in an election on by a local public question held under this
4853-section.
4854-(c) Except as provided in subsection (k), the following question
4855-shall be submitted to the eligible voters at the election conducted under
4856-this section:
4857-"Shall ________ (insert the name of the political subdivision)
4858-increase property taxes paid to the _______ (insert the type of
4859-taxing unit) by homeowners and businesses? If this public
4860-question is approved by the voters, the average property tax paid
4861-to the _______ (insert the type of taxing unit) per year on a
4862-residence would increase by ______% (insert the estimated
4863-average percentage of property tax increase paid to the political
4864-subdivision on a residence within the political subdivision as
4865-determined under subsection (n)) and the average property tax
4866-paid to the _____ (insert the type of taxing unit) per year on a
4867-business property would increase by ______% (insert the
4868-estimated average percentage of property tax increase paid to the
4869-political subdivision on a business property within the political
4870-subdivision as determined under subsection (o)). The political
4871-subdivision may issue bonds or enter into a lease to ________
4872-(insert a brief description of the controlled project), which is
4873-estimated to cost _______ (insert the total cost of the project)
4874-over ______ (insert number of years to bond maturity or
4875-termination of lease) years. The most recent property tax
4876-referendum within the boundaries of the political subdivision for
4877-which this public question is being considered was proposed by
4878-________ (insert name of political subdivision) in ______ (insert
4879-year of most recent property tax referendum) and ________
4880-(insert whether the measure passed or failed).".
4881-"Shall ________ (insert the name of the political subdivision)
4882-SB 224—LS 7130/DI 144 115
4883-issue bonds or enter into a lease to finance (insert a brief
4884-description of the controlled project) which is estimated to
4885-cost no more than (insert the total cost of the project) and is
4886-estimated to ________ (insert increase or decrease, whichever
4887-is applicable) the property tax rate for debt service by a
4888-maximum of _____ cents per one hundred dollars ($100) of
4889-assessed value? (insert the cent amount).
4890-If this public question is approved by the voters, the property
4891-tax paid annually for a median residence of __________
4892-(insert the political subdivision's median household assessed
4893-value) would increase _______ per year (insert dollar
4894-amount). The property tax paid annually for a business
4895-property would increase ____ per one hundred dollars ($100)
4896-of assessed value (insert dollar amount).
4897-(If, in the previous five (5) years, the political subdivision has
4898-conducted a public question, the following shall be included in
4899-the ballot language.) The most recent property tax
4900-referendum within the boundaries of the political subdivision
4901-for which this public question is being considered was
4902-proposed by ________ (insert name of political subdivision) in
4903-______ (insert year of most recent property tax referendum)
4904-and ________ (insert whether the measure passed or failed).".
4905-The public question must appear on the ballot in the form approved by
4906-the county election board. If the political subdivision proposing to issue
4907-bonds or enter into a lease is located in more than one (1) county, the
4908-county election board of each county shall jointly approve the form of
4909-the public question that will appear on the ballot in each county. The
4910-form approved by the county election board may differ from the
4911-language certified to the county election board by the county auditor.
4912-If the county election board approves the language of a public question
4913-under this subsection, the county election board shall submit the
4914-language and the certification of the county auditor described in
4915-subsection (p) to the department of local government finance for
4916-review.
4917-(d) The department of local government finance shall review the
4918-language of the public question to evaluate whether the description of
4919-the controlled project is accurate and is not biased against either a vote
4920-in favor of the controlled project or a vote against the controlled
4921-project. The department of local government finance shall post the
4922-estimated average percentage of property tax increases to be paid to a
4923-political subdivision on a residence and business property that are
4924-certified by the county auditor under subsection (p) on the department's
4925-SB 224—LS 7130/DI 144 116
4926-Internet web site. website. The department of local government finance
4927-may either approve the ballot language as submitted or recommend that
4928-the ballot language be modified as necessary to ensure that the
4929-description of the controlled project is accurate and is not biased. The
4930-department of local government finance shall certify its approval or
4931-recommendations to the county auditor and the county election board
4932-not more than ten (10) days after the language of the public question is
4933-submitted to the department for review. If the department of local
4934-government finance recommends a modification to the ballot language,
4935-the county election board shall, after reviewing the recommendations
4936-of the department of local government finance, submit modified ballot
4937-language to the department for the department's approval or
4938-recommendation of any additional modifications. The public question
4939-may not be certified by the county auditor under subsection (e) unless
4940-the department of local government finance has first certified the
4941-department's final approval of the ballot language for the public
4942-question.
4943-(e) The county auditor shall certify the finally approved public
4944-question under IC 3-10-9-3 to the county election board of each county
4945-in which the political subdivision is located. The certification must
4946-occur not later than noon:
4947-(1) seventy-four (74) days before a primary election if the public
4948-question is to be placed on the primary or municipal primary
4949-election ballot; or
4950-(2) August 1 if the public question is to be placed on the general
4951-or municipal election ballot.
4952-Subject to the certification requirements and deadlines under this
4953-subsection and except as provided in subsection (j), the public question
4954-shall, as permitted under IC 3-10-9-3 for the county in which the
4955-political subdivision is located, be placed on the ballot at the next
4956-primary election, general election, or municipal election in which all
4957-voters of the political subdivision are entitled to vote. However, if a
4958-primary election, general election, or municipal election will not be
4959-held during the first year in which the public question is eligible to be
4960-placed on the ballot under this section and if the political subdivision
4961-requests the public question to be placed on the ballot at a special
4962-election, the public question shall, if permitted under IC 3-10-9-3 for
4963-the county in which the political subdivision is located, be placed on
4964-the ballot at a special election to be held on the first Tuesday after the
4965-first Monday in May or November of the year. The certification must
4966-occur not later than noon seventy-four (74) days before a special
4967-election to be held in May (if the special election is to be held in May)
4968-SB 224—LS 7130/DI 144 117
4969-or noon on August 1 (if the special election is to be held in November).
4970-The fiscal body of the political subdivision that requests the special
4971-election shall pay the costs of holding the special election. The county
4972-election board shall give notice under IC 5-3-1 of a special election
4973-conducted under this subsection. A special election conducted under
4974-this subsection is under the direction of the county election board. The
4975-county election board shall take all steps necessary to carry out the
4976-special election.
4977-(f) The circuit court clerk shall certify the results of the public
4978-question to the following:
4979-(1) The county auditor of each county in which the political
4980-subdivision is located.
4981-(2) The department of local government finance.
4982-(g) Subject to the requirements of IC 6-1.1-18.5-8, the political
4983-subdivision may issue the proposed bonds or enter into the proposed
4984-lease rental if a majority of the eligible voters voting on the public
4985-question vote in favor of the public question.
4986-(h) If a majority of the eligible voters voting on the public question
4987-vote in opposition to the public question, both of the following apply:
4988-(1) The political subdivision may not issue the proposed bonds or
4989-enter into the proposed lease rental.
4990-(2) Another public question under this section on the same or a
4991-substantially similar project may not be submitted to the voters
4992-earlier than:
4993-(A) except as provided in clause (B), seven hundred (700)
4994-days after the date of the public question; or
4995-(B) three hundred fifty (350) days after the date of the election,
4996-if a petition that meets the requirements of subsection (m) is
4997-submitted to the county auditor.
4998-(i) IC 3, to the extent not inconsistent with this section, applies to an
4999-election held under this section.
5000-(j) A political subdivision may not divide a controlled project in
5001-order to avoid the requirements of this section and section 3.5 of this
5002-chapter. A person that owns property within a political subdivision or
5003-a person that is a registered voter residing within a political subdivision
5004-may file a petition with the department of local government finance
5005-objecting that the political subdivision has divided a controlled project
5006-into two (2) or more capital projects in order to avoid the requirements
5007-of this section and section 3.5 of this chapter. The petition must be filed
5008-not more than ten (10) days after the political subdivision gives notice
5009-of the political subdivision's decision under section 3.5 of this chapter
5010-or a determination under section 5 of this chapter to issue bonds or
5011-SB 224—LS 7130/DI 144 118
5012-enter into leases for a capital project that the person believes is the
5013-result of a division of a controlled project that is prohibited by this
5014-subsection. If the department of local government finance receives a
5015-petition under this subsection, the department shall not later than thirty
5016-(30) days after receiving the petition make a final determination on the
5017-issue of whether the political subdivision divided a controlled project
5018-in order to avoid the requirements of this section and section 3.5 of this
5019-chapter. If the department of local government finance determines that
5020-a political subdivision divided a controlled project in order to avoid the
5021-requirements of this section and section 3.5 of this chapter and the
5022-political subdivision continues to desire to proceed with the project, the
5023-political subdivision may appeal the determination of the department
5024-of local government finance to the Indiana board of tax review. A
5025-political subdivision shall be considered to have divided a capital
5026-project in order to avoid the requirements of this section and section
5027-3.5 of this chapter if the result of one (1) or more of the subprojects
5028-cannot reasonably be considered an independently desirable end in
5029-itself without reference to another capital project. This subsection does
5030-not prohibit a political subdivision from undertaking a series of capital
5031-projects in which the result of each capital project can reasonably be
5032-considered an independently desirable end in itself without reference
5033-to another capital project.
5034-(k) This subsection applies to a political subdivision for which a
5035-petition requesting a public question has been submitted under section
5036-3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
5037-the political subdivision may adopt a resolution to withdraw a
5038-controlled project from consideration in a public question. If the
5039-legislative body provides a certified copy of the resolution to the county
5040-auditor and the county election board not later than sixty-three (63)
5041-days before the election at which the public question would be on the
5042-ballot, the public question on the controlled project shall not be placed
5043-on the ballot and the public question on the controlled project shall not
5044-be held, regardless of whether the county auditor has certified the
5045-public question to the county election board. If the withdrawal of a
5046-public question under this subsection requires the county election
5047-board to reprint ballots, the political subdivision withdrawing the
5048-public question shall pay the costs of reprinting the ballots. If a political
5049-subdivision withdraws a public question under this subsection that
5050-would have been held at a special election and the county election
5051-board has printed the ballots before the legislative body of the political
5052-subdivision provides a certified copy of the withdrawal resolution to
5053-the county auditor and the county election board, the political
5054-SB 224—LS 7130/DI 144 119
5055-subdivision withdrawing the public question shall pay the costs
5056-incurred by the county in printing the ballots. If a public question on a
5057-controlled project is withdrawn under this subsection, a public question
5058-under this section on the same controlled project or a substantially
5059-similar controlled project may not be submitted to the voters earlier
5060-than three hundred fifty (350) days after the date the resolution
5061-withdrawing the public question is adopted.
5062-(l) If a public question regarding a controlled project is placed on
5063-the ballot to be voted on at an election under this section, the political
5064-subdivision shall submit to the department of local government finance,
5065-at least thirty (30) days before the election, the following information
5066-regarding the proposed controlled project for posting on the
5067-department's Internet web site: website:
5068-(1) The cost per square foot of any buildings being constructed as
5069-part of the controlled project.
5070-(2) The effect that approval of the controlled project would have
5071-on the political subdivision's property tax rate.
5072-(3) The maximum term of the bonds or lease.
5073-(4) The maximum principal amount of the bonds or the maximum
5074-lease rental for the lease.
5075-(5) The estimated interest rates that will be paid and the total
5076-interest costs associated with the bonds or lease.
5077-(6) The purpose of the bonds or lease.
5078-(7) In the case of a controlled project proposed by a school
5079-corporation:
5080-(A) the current and proposed square footage of school building
5081-space per student;
5082-(B) enrollment patterns within the school corporation; and
5083-(C) the age and condition of the current school facilities.
5084-(m) If a majority of the eligible voters voting on the public question
5085-vote in opposition to the public question, a petition may be submitted
5086-to the county auditor to request that the limit under subsection
5087-(h)(2)(B) apply to the holding of a subsequent public question by the
5088-political subdivision. If such a petition is submitted to the county
5089-auditor and is signed by the lesser of:
5090-(1) five hundred (500) persons who are either owners of property
5091-within the political subdivision or registered voters residing
5092-within the political subdivision; or
5093-(2) five percent (5%) of the registered voters residing within the
5094-political subdivision;
5095-the limit under subsection (h)(2)(B) applies to the holding of a second
5096-public question by the political subdivision and the limit under
5097-SB 224—LS 7130/DI 144 120
5098-subsection (h)(2)(A) does not apply to the holding of a second public
5099-question by the political subdivision.
5100-(n) At the request of a political subdivision that proposes to impose
5101-property taxes to pay debt service on bonds or lease rentals on a lease
5102-for a controlled project, the county auditor of a county in which the
5103-political subdivision is located shall determine the estimated average
5104-percentage of property tax increase on a homestead to be paid to the
5105-political subdivision that must be included in the public question under
5106-subsection (c) as follows:
5107-STEP ONE: Determine the average assessed value of a homestead
5108-located within the political subdivision.
5109-STEP TWO: For purposes of determining the net assessed value
5110-of the average homestead located within the political subdivision,
5111-subtract:
5112-(A) an amount for the homestead standard deduction under
5113-IC 6-1.1-12-37 as if the homestead described in STEP ONE
5114-was eligible for the deduction; and
5115-(B) an amount for the supplemental homestead deduction
5116-under IC 6-1.1-12-37.5 as if the homestead described in STEP
5117-ONE was eligible for the deduction;
5118-from the result of STEP ONE.
5119-STEP THREE: Divide the result of STEP TWO by one hundred
5120-(100).
5121-STEP FOUR: Determine the overall average tax rate per one
5122-hundred dollars ($100) of assessed valuation for the current year
5123-imposed on property located within the political subdivision.
5124-STEP FIVE: For purposes of determining net property tax liability
5125-of the average homestead located within the political subdivision:
5126-(A) multiply the result of STEP THREE by the result of STEP
5127-FOUR; and
5128-(B) as appropriate, apply any currently applicable county
5129-property tax credit rates and the credit for excessive property
5130-taxes under IC 6-1.1-20.6-7.5(a)(1).
5131-STEP SIX: Determine the amount of the political subdivision's
5132-part of the result determined in STEP FIVE.
5133-STEP SEVEN: Determine the estimated tax rate that will be
5134-imposed if the public question is approved by the voters.
5135-STEP EIGHT: Multiply the result of STEP SEVEN by the result
5136-of STEP THREE.
5137-STEP NINE: Divide the result of STEP EIGHT by the result of
5138-STEP SIX, expressed as a percentage.
5139-(o) At the request of a political subdivision that proposes to impose
5140-SB 224—LS 7130/DI 144 121
5141-property taxes to pay debt service on bonds or lease rentals on a lease
5142-for a controlled project, the county auditor of a county in which the
5143-political subdivision is located shall determine the estimated average
5144-percentage of property tax increase on a business property to be paid
5145-to the political subdivision that must be included in the public question
5146-under subsection (c) as follows:
5147-STEP ONE: Determine the average assessed value of business
5148-property located within the political subdivision.
5149-STEP TWO: Divide the result of STEP ONE by one hundred
5150-(100).
5151-STEP THREE: Determine the overall average tax rate per one
5152-hundred dollars ($100) of assessed valuation for the current year
5153-imposed on property located within the political subdivision.
5154-STEP FOUR: For purposes of determining net property tax
5155-liability of the average business property located within the
5156-political subdivision:
5157-(A) multiply the result of STEP TWO by the result of STEP
5158-THREE; and
5159-(B) as appropriate, apply any currently applicable county
5160-property tax credit rates and the credit for excessive property
5161-taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
5162-was three percent (3%).
5163-STEP FIVE: Determine the amount of the political subdivision's
5164-part of the result determined in STEP FOUR.
5165-STEP SIX: Determine the estimated tax rate that will be imposed
5166-if the public question is approved by the voters.
5167-STEP SEVEN: Multiply the result of STEP TWO by the result of
5168-STEP SIX.
5169-STEP EIGHT: Divide the result of STEP SEVEN by the result of
5170-STEP FIVE, expressed as a percentage.
5171-(p) The county auditor shall certify the estimated average
5172-percentage of property tax increase on a homestead to be paid to the
5173-political subdivision determined under subsection (n), and the
5174-estimated average percentage of property tax increase on a business
5175-property to be paid to the political subdivision determined under
5176-subsection (o), in a manner prescribed by the department of local
5177-government finance, and provide the certification to the political
5178-subdivision that proposes to impose property taxes. The political
5179-subdivision shall provide the certification to the county election board
5180-and include the estimated average percentages in the language of the
5181-public question at the time the language of the public question is
5182-submitted to the county election board for approval as described in
5183-SB 224—LS 7130/DI 144 122
5184-subsection (c).
5185-SECTION 21. IC 8-1.5-2-5, AS AMENDED BY P.L.229-2019,
5186-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5187-JANUARY 1, 2024]: Sec. 5. (a) Each appraiser appointed as provided
5188-by section 4 of this chapter must:
5189-(1) by education and experience, have such expert and technical
5190-knowledge and qualifications as to make a proper appraisal and
5191-valuation of the property of the type and nature involved in the
5192-sale;
5193-(2) be a disinterested person; and
5194-(3) not be a resident or taxpayer of the municipality.
5195-(b) The appraisers shall:
5196-(1) be sworn to make a just and true valuation of the property; and
5197-(2) return their appraisal, in writing, to the:
5198-(A) municipal legislative body; or
5199-(B) municipal executive;
5200-that appointed them within the time fixed in the writing
5201-appointing them under section 4 of this chapter.
5202-(c) If all three (3) appraisers cannot agree as to the appraised value,
5203-the appraisal, when signed by two (2) of the appraisers, constitutes a
5204-good and valid appraisal.
5205-(d) If, after the return of the appraisal by the appraisers, the
5206-legislative body and the municipal executive decide to proceed with the
5207-sale or disposition of the nonsurplus municipally owned utility
5208-property, the legislative body shall, not earlier than the thirty (30) day
5209-period described in subsection (e) and not later than one hundred
5210-eighty (180) days after the return of the appraisal, hold a public hearing
5211-to do the following:
5212-(1) Review and explain the appraisal.
5213-(2) Receive public comment on the proposed sale or disposition
5214-of the nonsurplus municipally owned utility property.
5215-Not less than thirty (30) days or more than sixty (60) days after the date
5216-of a hearing under this section, the legislative body may adopt an
5217-ordinance providing for the sale or disposition of the nonsurplus
5218-municipally owned utility property, subject to subsections (f) and (g)
5219-and, in the case of an ordinance adopted under this subsection after
5220-March 28, 2016, subject to section 6.1 of this chapter. The legislative
5221-body is not required to adopt an ordinance providing for the sale or
5222-disposition of the nonsurplus municipally owned utility property if,
5223-after the hearing, the legislative body determines it is not in the interest
5224-of the municipality to proceed with the sale or disposition. Notice of a
5225-hearing under this section shall be published in the manner prescribed
5226-SB 224—LS 7130/DI 144 123
5227-by IC 5-3-1.
5228-(e) The hearing on the proposed sale or disposition of the
5229-nonsurplus municipally owned utility property may not be held less
5230-than thirty (30) days after notice of the hearing is given as required by
5231-subsection (d).
5232-(f) Subject to subsection (j), an ordinance adopted under subsection
5233-(d) does not take effect until the latest of the following:
5234-(1) The expiration of the thirty (30) day period described in
5235-subsection (g), if the question as to whether the sale or disposition
5236-should be made is not submitted to the voters of the municipality
5237-under subsection (g).
5238-(2) If:
5239-(A) the question as to whether the sale or disposition shall be
5240-made is submitted to the voters of the municipality under
5241-subsection (g); and
5242-(B) a majority of the voters voting on the question vote for the
5243-sale or disposition;
5244-at such time that the vote is determined to be final.
5245-(3) The effective date specified by the legislative body in the
5246-ordinance.
5247-(g) Subject to subsection (m) and to section 6.1 of this chapter in the
5248-case of an ordinance adopted under subsection (d) after March 28,
5249-2016, if:
5250-(1) the legislative body adopts an ordinance under subsection (d);
5251-and
5252-(2) not later than thirty (30) days after the date the ordinance is
5253-adopted at least the number of the registered voters of the
5254-municipality set forth in subsection (h) sign and present a petition
5255-to the legislative body opposing the sale or disposition;
5256-the legislative body shall submit the question as to whether the sale or
5257-disposition shall be made to the voters of the municipality at a special
5258-or general election, as permitted under IC 3-10-9-3 for the county
5259-in which the municipality is located. In submitting the public
5260-question to the voters, the legislative body shall certify within the time
5261-set forth in IC 3-10-9-3, if applicable, the question to the county
5262-election board of the county containing the greatest percentage of
5263-population of the municipality. The county election board shall adopt
5264-a resolution setting forth the text of the public question and shall
5265-submit the question as to whether the sale or disposition shall be made
5266-to the voters of the municipality at a special or general election, as
5267-permitted under IC 3-10-9-3 for the county in which the
5268-municipality is located, on a date specified by the municipal
5269-SB 224—LS 7130/DI 144 124
5270-legislative body. Pending the results of an election under this
5271-subsection, the municipality may not take further action to sell or
5272-dispose of the property as provided in the ordinance.
5273-(h) Subject to subsection (m) and to section 6.1 of this chapter in the
5274-case of an ordinance adopted under subsection (d) after March 28,
5275-2016, the number of signatures required on a petition opposing the sale
5276-or disposition under subsection (g) is as follows:
5277-(1) In a municipality with not more than one thousand (1,000)
5278-registered voters, thirty percent (30%) of the registered voters.
5279-(2) In a municipality with at least one thousand one (1,001)
5280-registered voters and not more than five thousand (5,000)
5281-registered voters, fifteen percent (15%) of the registered voters.
5282-(3) In a municipality with at least five thousand one (5,001)
5283-registered voters and not more than twenty-five thousand (25,000)
5284-registered voters, ten percent (10%) of the registered voters.
5285-(4) In a municipality with at least twenty-five thousand one
5286-(25,001) registered voters, five percent (5%) of the registered
5287-voters.
5288-(i) If a majority of the voters voting on the question vote for the sale
5289-or disposition, the legislative body shall proceed to sell or dispose of
5290-the property as provided in the ordinance, subject to subsection (m) and
5291-to section 6.1 of this chapter in the case of an ordinance adopted under
5292-subsection (d) after March 28, 2016.
5293-(j) If a majority of the voters voting on the question vote against the
5294-sale or disposition, the ordinance adopted under subsection (d) does not
5295-take effect and the sale or disposition may not be made, subject to
5296-subsection (m) and to section 6.1 of this chapter in the case of an
5297-ordinance adopted under subsection (d) after March 28, 2016.
5298-(k) If:
5299-(1) the legislative body adopts an ordinance under subsection (d);
5300-and
5301-(2) after the expiration of the thirty (30) day period described in
5302-subsection (g), a petition is not filed;
5303-the municipal legislative body may proceed to sell the property as
5304-provided in the ordinance, subject to subsection (m) and to section 6.1
5305-of this chapter in the case of an ordinance adopted under subsection (d)
5306-after March 28, 2016.
5307-(l) Notwithstanding the procedures set forth in this section, if:
5308-(1) before July 1, 2015, a municipality adopts an ordinance under
5309-this section for the sale or disposition of nonsurplus municipally
5310-owned utility property in accordance with the procedures set forth
5311-in this section before its amendment on July 1, 2015; and
5312-SB 224—LS 7130/DI 144 125
5313-(2) the ordinance adopted takes effect before July 1, 2015, in
5314-accordance with the procedures set forth in this section before its
5315-amendment on July 1, 2015;
5316-the ordinance is not subject to challenge under subsection (g) after June
5317-30, 2015, regardless of whether the thirty (30) day period described in
5318-subsection (g) expires after June 30, 2015. An ordinance described in
5319-this subsection is effective for all purposes and is legalized and
5320-validated.
5321-(m) Subsections (g) through (k) do not apply to an ordinance
5322-adopted under subsection (d) after March 28, 2016, if the commission
5323-determines, in reviewing the proposed sale or disposition under section
5324-6.1(h) of this chapter, that the factors set forth in IC 8-1-30.3-5(d) are
5325-satisfied as applied to the proposed sale or disposition.
5326-SECTION 22. IC 8-1.5-2-6.1, AS AMENDED BY P.L.61-2022,
5327-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5328-JANUARY 1, 2024]: Sec. 6.1. (a) This section applies to a
5329-municipality that adopts an ordinance under section 5(d) of this chapter
5330-after March 28, 2016.
5331-(b) Before a municipality may proceed to sell or otherwise dispose
5332-of all or part of its nonsurplus utility property under an ordinance
5333-adopted under section 5(d) of this chapter, the municipality and the
5334-prospective purchaser must obtain the approval of the commission
5335-under this section.
5336-(c) As part of the sale or disposition of the property, the
5337-municipality and the prospective purchaser may include terms and
5338-conditions that the municipality and the prospective purchaser consider
5339-to be equitable to the existing utility customers of:
5340-(1) the municipality's municipally owned utility; and
5341-(2) the prospective purchaser;
5342-as applicable.
5343-(d) The commission shall approve the sale or disposition of the
5344-property according to the terms and conditions proposed by the
5345-municipality and the prospective purchaser if the commission finds that
5346-the sale or disposition according to the terms and conditions proposed
5347-is in the public interest. For purposes of this section, the purchase price
5348-of the municipality's nonsurplus utility property shall be considered
5349-reasonable if it does not exceed the appraised value set forth in the
5350-appraisal required under section 5 of this chapter.
5351-(e) The following apply to the commission's determination under
5352-subsection (d) as to whether the proposed sale or disposition according
5353-to the proposed terms and conditions is in the public interest:
5354-(1) If:
5355-SB 224—LS 7130/DI 144 126
5356-(A) the prospective purchaser petitions the commission under
5357-IC 8-1-30.3-5(d); and
5358-(B) the commission approves the prospective purchaser's
5359-petition;
5360-the proposed sale or disposition is considered to be in the public
5361-interest.
5362-(2) If subdivision (1) does not apply and subject to subsection (h),
5363-the commission shall consider the extent to which the proposed
5364-terms and conditions of the proposed sale or disposition would
5365-require the existing utility customers of either the prospective
5366-purchaser or the municipality's municipally owned utility, as
5367-applicable, to pay rates that would subsidize utility service to the
5368-other party's existing customers. For purposes of this subdivision,
5369-the proposed terms and conditions will not result in rates that
5370-would subsidize service to other customers if the amount to be
5371-recorded as net original cost under subsection (f) is not greater
5372-than two percent (2%) of the prospective purchaser's net original
5373-cost rate base as determined in the prospective purchaser's most
5374-recent general rate case, plus any adjustments to the rate base
5375-under IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate
5376-case. If the amount to be recorded is greater than two percent
5377-(2%), the commission shall proceed to determine whether:
5378-(A) the proposed terms and conditions would result in a
5379-subsidy described in this subdivision; and
5380-(B) the subsidy would cause the proposed terms and
5381-conditions of the proposed sale or disposition not to be in the
5382-public interest.
5383-The commission shall calculate the amount of the subsidy that
5384-would result and shall set forth in an order under this section such
5385-changes to the proposed terms and conditions as the commission
5386-considers appropriate to address the subsidy. The prospective
5387-purchaser and the municipality shall each have thirty (30) days
5388-from the date of the commission's order setting forth the
5389-commission's changes to either accept or reject the changes. If
5390-either party rejects the commission's changes, the proposed sale
5391-or disposition is considered not to be in the public interest.
5392-(3) In reviewing the proposed terms and conditions of the
5393-proposed sale or disposition under either subdivision (1) or (2),
5394-the commission shall consider the financial, managerial, and
5395-technical ability of the prospective purchaser to provide the utility
5396-service required after the proposed sale or disposition.
5397-(4) In reviewing the proposed terms and conditions of the
5398-SB 224—LS 7130/DI 144 127
5399-proposed sale or disposition under either subdivision (1) or (2),
5400-the commission shall accept as reasonable the valuation of the
5401-nonsurplus utility property determined through an appraisal and
5402-review under section 5 of this chapter.
5403-(f) As part of an order approving a sale or disposition of property
5404-under this section, the commission shall, without regard to amounts
5405-that may be recorded on the books and records of the municipality and
5406-without regard to any grants or contributions previously received by the
5407-municipality, provide that for ratemaking purposes, the prospective
5408-purchaser shall record as the net original cost rate base an amount
5409-equal to:
5410-(1) the full purchase price;
5411-(2) incidental expenses; and
5412-(3) other costs of acquisition;
5413-allocated in a reasonable manner among appropriate utility plant in
5414-service accounts.
5415-(g) The commission shall issue a final order under this section not
5416-later than two hundred ten (210) days after the filing of the parties' case
5417-in chief.
5418-(h) In reviewing a proposed sale or disposition under subsection (e),
5419-the commission shall determine whether the factors set forth in
5420-IC 8-1-30.3-5(d) are satisfied as applied to the proposed sale or
5421-disposition of the municipality's nonsurplus municipally owned utility
5422-property for purposes of section 5(m) of this chapter. If the commission
5423-determines that the factors set forth in IC 8-1-30.3-5(d):
5424-(1) are satisfied as applied to the proposed sale or disposition,
5425-section 5(g) through 5(k) of this chapter does not apply to the
5426-municipality's ordinance adopted under section 5(d) of this
5427-chapter; or
5428-(2) are not satisfied as applied to the proposed sale or disposition:
5429-(A) section 5(g) through 5(k) of this chapter applies to the
5430-municipality's ordinance adopted under section 5(d) of this
5431-chapter; and
5432-(B) the question as to whether the sale or disposition should be
5433-made must be submitted to the voters of the municipality at a
5434-special or general election, as permitted under IC 3-10-9-3
5435-for the county in which the municipality is located, if at
5436-least the number of the registered voters of the municipality set
5437-forth in section 5(h) of this chapter sign and present a petition
5438-to the legislative body opposing the sale or disposition, in
5439-accordance with section 5(g) through 5(k) of this chapter.
5440-However, notwithstanding this subsection, in reviewing a proposed sale
5441-SB 224—LS 7130/DI 144 128
5442-or disposition under subsection (e)(2), the commission may not
5443-condition its approval of the proposed sale or disposition on whether
5444-the factors set forth in IC 8-1-30.3-5(d) are satisfied or on any other
5445-factors except those provided for in subsection (e)(2), (e)(3), and (e)(4).
5446-SECTION 23. IC 8-1.5-3-3, AS AMENDED BY P.L.164-2019,
5447-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5448-JANUARY 1, 2024]: Sec. 3. (a) The legislative body of a municipality
5449-may, by ordinance, provide for the control of any or all of its
5450-municipally owned utilities by:
5451-(1) the municipal works board;
5452-(2) a board consisting of the members of the municipal legislative
5453-body;
5454-(3) a utility service board established under subsection (f) or
5455-established before January 1, 1983, under IC 8-1-2-100
5456-(repealed); or
5457-(4) the board of directors of a department of waterworks
5458-established under IC 8-1.5-4.
5459-The legislative body of a third class city also may adopt an ordinance
5460-under this subsection to provide for the control of any or all of its storm
5461-water facilities by a board described in subdivisions (1) through (4). An
5462-ordinance granting control of any or all of a third class city's storm
5463-water facilities to a board described in this subsection may be separate
5464-from or combined with an ordinance granting control of the third class
5465-city's municipally owned utilities to a board described in this
5466-subsection.
5467-(b) If, at the time an ordinance is adopted under subsection (a) to
5468-grant control of any or all of a third class city's storm water facilities to
5469-a board described in subsection (a) the third class city has a department
5470-of storm water management under IC 8-1.5-5, the ordinance must
5471-specify a procedure for the transition of control of the affected storm
5472-water facilities from the board of directors of the department of storm
5473-water management to the board described in subsection (a).
5474-(c) The registered voters of a municipality may file a petition
5475-addressed to the legislative body requesting that the question of the
5476-creation of a utility service board be submitted to a referendum. public
5477-question. The petition must be signed by at least the number of the
5478-registered voters of the municipality required under IC 3-8-6-3 to place
5479-a candidate on the ballot.
5480-(d) Within thirty (30) days after a petition is filed, the municipal
5481-clerk shall certify to the legislative body and to the county election
5482-board that a sufficient petition has been filed.
5483-(e) Following certification, the legislative body shall submit the
5484-SB 224—LS 7130/DI 144 129
5485-question of the creation of a utility service board to a referendum
5486-public question at the next election permitted under IC 3-10-9-3.
5487-The question shall be submitted to the registered voters of the
5488-municipality by placement on the ballot in the form prescribed by
5489-IC 3-10-9-4 and must state:
5490-"Shall the legislative body of the municipality of _____________
5491-adopt an ordinance providing for the appointment of a utility service
5492-board to operate ____________ (Insert name of utility here)?".
5493-(f) If a majority of the voters voting on the question vote for the
5494-creation of a utility service board, the legislative body shall, by
5495-ordinance, establish a utility service board consisting of not less than
5496-three (3) nor more than seven (7) members. All members must be
5497-residents of the area served by the board. The ordinance must provide
5498-for:
5499-(1) a majority of the members to be appointed by the executive
5500-and a minority of the members to be appointed by the legislative
5501-body;
5502-(2) the terms of the members, which may not exceed four (4)
5503-years, with initial terms prescribed so that the members' terms will
5504-be staggered;
5505-(3) the salaries, if any, to be paid to the members; and
5506-(4) the selection by the board of a chairman, who shall not be
5507-considered the head of a department for purposes of IC 36-4-9-2.
5508-(g) The registered voters of the municipality may also file a petition
5509-requesting that the question of the abolition of the utility service board
5510-be submitted to a referendum. public question. The procedure for
5511-filing of the petition and the referendum public question is the same
5512-as that prescribed by subsections (c) through (e).
5513-SECTION 24. IC 8-1.5-3-9 IS AMENDED TO READ AS
5514-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9. (a) This
5515-subsection applies to a municipally owned utility that before June 1,
5516-1987, was taken out of the jurisdiction of the commission for the
5517-approval of rates and charges. A utility to which this subsection applies
5518-is removed from the jurisdiction of the commission for approval of the
5519-issuance of stocks, bonds, notes, or other evidence of indebtedness.
5520-(b) Except as provided in subsection (a), a municipal legislative
5521-body that wants to be taken out of the jurisdiction of the commission
5522-for approval of rates and charges and of the issuance of stocks, bonds,
5523-notes, or other evidence of indebtedness may submit the following
5524-public question to the registered voters of the municipality at the next
5525-election permitted under IC 3-10-9-3 in the form prescribed by
5526-IC 3-10-9-4:
5527-SB 224—LS 7130/DI 144 130
5528-"Shall the municipally owned utility be taken out of the
5529-jurisdiction of the utility regulatory commission for approval of
5530-rates and charges and of the issuance of stocks, bonds, notes, or
5531-other evidence of indebtedness?".
5532-(c) A municipal legislative body shall certify the public question to
5533-the county election board of the county that contains the greatest
5534-percentage of population of the municipality under IC 3-10-9-3 and
5535-submit the question under subsection (b) if it receives a petition that:
5536-(1) is signed by at least the number of the registered voters of the
5537-municipality required under IC 3-8-6-3 to place a candidate on the
5538-ballot; and
5539-(2) requests that the municipally owned utility be removed from
5540-the jurisdiction of the commission for approval of rates and
5541-charges and of the issuance of stocks, bonds, notes, or other
5542-evidence of indebtedness.
5543-(d) If a majority of those voting favor taking the municipally owned
5544-utility out of the jurisdiction of the commission, the utility:
5545-(1) is removed from the jurisdiction of the commission for
5546-approval of rates and charges and of the issuance of stocks, bonds,
5547-notes, or other evidence of indebtedness; and
5548-(2) shall mail written notice of the withdrawal from commission
5549-jurisdiction to the commission within thirty (30) days after the
5550-utility's withdrawal.
5551-SECTION 25. IC 8-1.5-3-9.1, AS AMENDED BY P.L.163-2013,
5552-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5553-JANUARY 1, 2024]: Sec. 9.1. (a) This section applies to the following:
5554-(1) Water utilities that are owned or operated by second class
5555-cities.
5556-(2) Third class cities.
5557-(3) Towns.
5558-(b) In addition to section 9 of this chapter, a municipally owned
5559-utility to which this section applies may be removed from the
5560-jurisdiction of the commission for the approval of rates and charges and
5561-of the issuance of stocks, bonds, notes, or other evidence of
5562-indebtedness, if the municipal legislative body adopts an ordinance
5563-removing the utility from commission jurisdiction. The municipal
5564-legislative body shall, at least thirty (30) days before the final vote on
5565-the ordinance, mail written notice of the meeting to all ratepayers of the
5566-utility and to the commission. For a second class city the municipal
5567-legislative body must hold two (2) public meetings before the final vote
5568-on an ordinance removing the utility from commission jurisdiction may
5569-be adopted. An explanation of the removal process must be provided
5570-SB 224—LS 7130/DI 144 131
5571-at each public meeting under this section. Each public meeting must be
5572-held in a different location.
5573-(c) The ordinance described in subsection (b) takes effect sixty (60)
5574-days after adoption by the municipal legislative body.
5575-(d) The question of removal from commission jurisdiction shall be
5576-submitted to the registered voters of the municipality if, within the sixty
5577-(60) day period described in subsection (c), the legislative body
5578-receives a petition:
5579-(1) that is signed by at least the number of the registered voters of
5580-the municipality required under IC 3-8-6-3 to place a candidate on
5581-the ballot; and
5582-(2) that requests the legislative body to submit the question of
5583-removal from commission jurisdiction to the registered voters of
5584-the municipality at the next election permitted under
5585-IC 3-10-9-3.
5586-The municipal legislative body shall certify the public question in
5587-subsection (e) to the county election board of the county that contains
5588-the greatest percentage of population of the municipality under
5589-IC 3-10-9-3.
5590-(e) If the legislative body receives a petition described in subsection
5591-(d) in the proper form, the legislative body shall submit the following
5592-public question to the registered voters of the municipality at the next
5593-election permitted under IC 3-10-9-3 in the form prescribed by
5594-IC 3-10-9-4:
5595-"Shall the municipally owned utility be taken out of the
5596-jurisdiction of the Indiana utility regulatory commission for the
5597-approval of rates and charges and of the issuance of stocks, bonds,
5598-notes, or other evidence of indebtedness?".
5599-The legislative body shall mail written notice of the referendum public
5600-question to the commission at least ten (10) days before the date of the
5601-election.
5602-(f) If a majority of those voting on the question described in
5603-subsection (e) favor taking the municipally owned utility out of the
5604-jurisdiction of the commission, the utility is removed from the
5605-jurisdiction of the commission for approval of rates and charges and of
5606-the issuance of stocks, bonds, notes, or other evidences of
5607-indebtedness.
5608-(g) If the legislative body receives a petition in proper form under
5609-subsection (d), the ordinance does not take effect until after removal is
5610-approved by a majority of those voting. If a majority of those voting
5611-vote against removal, the utility remains under the jurisdiction of the
5612-commission and the ordinance does not take effect.
5613-SB 224—LS 7130/DI 144 132
5614-(h) In addition to the notice required by subsection (b), if the
5615-municipal legislative body adopts the ordinance, described in
5616-subsection (b), the municipal legislative body shall mail written notice
5617-of the withdrawal from commission jurisdiction to the commission
5618-within thirty (30) days after the ordinance becomes effective.
5619-(i) Notwithstanding this section or section 9 of this chapter, the
5620-commission may require a municipally owned utility that generates
5621-electric power to provide information to the permanent forecasting
5622-group under IC 8-1-8.5-3.5.
5623-(j) This section does not affect the obligations of a municipally
5624-owned utility under IC 8-1-2.3, IC 8-1-8.5, IC 8-1-22.5, or
5625-IC 8-1.5-3-14.
5626-(k) Notwithstanding subsection (a) and the procedure set forth in
5627-section 9 of this chapter, if a city adopts an ordinance under this section
5628-before January 1, 2013, to remove the city's municipally owned electric
5629-utility from the jurisdiction of the commission for the approval of rates
5630-and charges and of the issuance of stocks, bonds, notes, or other
5631-evidence of indebtedness, the removal of the city's municipally owned
5632-electric utility from the commission's jurisdiction for the approval of
5633-rates and charges and of the issuance of stocks, bonds, notes, or other
5634-evidence of indebtedness is effective for all purposes and is legalized
5635-and validated.
5636-SECTION 26. IC 8-1.5-3-9.5 IS AMENDED TO READ AS
5637-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9.5. (a) This
5638-section applies to municipally owned utilities that are withdrawn from
5639-commission jurisdiction under section 9 of this chapter, including a
5640-municipally owned utility described in section 9(a) of this chapter.
5641-(b) A municipal legislative body that wants to return a municipally
5642-owned utility to the jurisdiction of the commission for approval of rates
5643-and charges and of the issuance of stocks, bonds, notes, or other
5644-evidence of indebtedness may submit the following public question to
5645-the registered voters of the municipality at the next election permitted
5646-under IC 3-10-9-3 in the form prescribed by IC 3-10-9-4:
5647-"Shall the municipally owned utility be returned to the jurisdiction
5648-of the utility regulatory commission for approval of rates and
5649-charges and of the issuance of stocks, bonds, notes, or other
5650-evidence of indebtedness?".
5651-(c) A municipal legislative body shall certify the public question to
5652-the county election board of the county that contains the greatest
5653-percentage of population of the municipality under IC 3-10-9-3. The
5654-county election board shall submit the question under subsection (b) if
5655-it receives a petition that:
5656-SB 224—LS 7130/DI 144 133
5657-(1) is signed by at least the number of the registered voters of the
5658-municipality required under IC 3-8-6-3 to place a candidate on the
5659-ballot; and
5660-(2) requests that the municipally owned utility be returned to the
5661-jurisdiction of the commission for approval of rates and charges
5662-and of the issuance of stocks, bonds, notes, or other evidence of
5663-indebtedness.
5664-(d) If a majority of those voting favor returning the municipally
5665-owned utility to the jurisdiction of the commission, the utility is
5666-returned to the jurisdiction of the commission for approval of rates and
5667-charges and of the issuance of stocks, bonds, notes, or other evidence
5668-of indebtedness. If a majority of those voting disapprove of returning
5669-the municipally owned utility to the jurisdiction of the commission, an
5670-election may not be conducted on the public question of returning to
5671-the jurisdiction of the commission for four (4) years from the date of
5672-the last election on that public question.
5673-(e) The public question of returning to the jurisdiction of the
5674-commission may not be submitted to the registered voters of the
5675-municipality at an election conducted within four (4) years after the
5676-date the municipally owned utility was last withdrawn from
5677-commission jurisdiction.
5678-(f) If a municipally owned utility is returned to the jurisdiction of the
5679-commission under this section, the municipal legislative body shall
5680-mail written notice to the commission.
5681-SECTION 27. IC 8-1.5-3-9.6 IS AMENDED TO READ AS
5682-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9.6. (a) This
5683-section applies to municipally owned utilities that are withdrawn from
5684-commission jurisdiction under section 9.1 of this chapter.
5685-(b) The municipal legislative body may adopt an ordinance
5686-returning the municipally owned utility to the jurisdiction of the
5687-commission for the approval of rates and charges and of the issuance
5688-of stocks, bonds, notes, or other evidence of indebtedness if it receives
5689-a petition:
5690-(1) that is signed by at least the number of the registered voters of
5691-the municipality required under IC 3-8-6-3 to place a candidate on
5692-the ballot; and
5693-(2) that requests the legislative body to adopt an ordinance
5694-returning the municipally owned utility to the jurisdiction of the
5695-commission.
5696-If the municipal legislative body fails to adopt an ordinance under this
5697-subsection within ninety (90) days after receipt of the petition, a
5698-petition requesting the adoption of an ordinance to return to
5699-SB 224—LS 7130/DI 144 134
5700-commission jurisdiction may not be submitted for four (4) years from
5701-the date the last petition was submitted under this subsection.
5702-(c) If the municipal legislative body fails to adopt the ordinance
5703-described in subsection (b) within ninety (90) days after receipt of the
5704-petition, the public question of the return to commission jurisdiction
5705-shall be submitted to the registered voters of the municipality if the
5706-legislative body receives a second petition:
5707-(1) that is signed by at least the number of the registered voters of
5708-the municipality required under IC 3-8-6-3 to place a candidate on
5709-the ballot;
5710-(2) that requests the legislative body to submit the question of the
5711-return to commission jurisdiction to the registered voters of the
5712-municipality at the next election permitted under IC 3-10-9-3;
5713-and
5714-(3) that is submitted to the legislative body after the expiration of
5715-the ninety (90) day period described in this subsection.
5716-The municipal legislative body shall certify the public question
5717-described in subsection (d) to the county election board of the county
5718-that contains the greatest percentage of population of the municipality
5719-under IC 3-10-9-3.
5720-(d) If the legislative body receives a petition described in subsection
5721-(c) in the proper form, the legislative body shall submit the following
5722-public question to the registered voters of the municipality at the next
5723-election permitted under IC 3-10-9-3 in the form prescribed by
5724-IC 3-10-9-4:
5725-"Shall the municipally owned utility be returned to the jurisdiction
5726-of the utility regulatory commission for the approval of rates and
5727-charges and of the issuance of stocks, bonds, notes, or other
5728-evidence of indebtedness?".
5729-The legislative body shall mail written notice of the referendum public
5730-question to the commission at least ten (10) days before the date of the
5731-election.
5732-(e) If a majority of those voting on the question described in
5733-subsection (d) favor returning the municipally owned utility to the
5734-jurisdiction of the commission, the utility is returned to the jurisdiction
5735-of the commission for approval of rates and charges and of the issuance
5736-of stocks, bonds, notes, or other evidence of indebtedness. If a majority
5737-of those voting disapprove of returning the municipally owned utility
5738-to the jurisdiction of the commission, an election may not be conducted
5739-on the public question of returning to the jurisdiction of the
5740-commission for four (4) years from the date of the last election on that
5741-public question.
5742-SB 224—LS 7130/DI 144 135
5743-(f) The public question of returning to the jurisdiction of the
5744-commission may not be submitted to the registered voters of the
5745-municipality at an election conducted within four (4) years after the
5746-date the municipally owned utility was last withdrawn from
5747-commission jurisdiction. In addition, a petition requesting the adoption
5748-of an ordinance under subsection (b) may not be submitted within four
5749-(4) years after the date the municipally owned utility was last
5750-withdrawn from commission jurisdiction.
5751-(g) If a municipally owned utility is returned to commission
5752-jurisdiction under this section, the municipal legislative body shall mail
5753-written notice to the commission.
5754-SECTION 28. IC 20-23-4-21, AS AMENDED BY P.L.244-2017,
5755-SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5756-JANUARY 1, 2024]: Sec. 21. (a) If the chairperson of the county
5757-committee does not receive the certification or combined certifications
5758-under section 20(f) of this chapter not later than ninety (90) days after
5759-the receipt by the county committee of the plan referred to in section
5760-20(a) of this chapter, the judge of the circuit court of the county from
5761-which the county committee submitting the plan was appointed shall:
5762-(1) certify the public question under IC 3-10-9-3; and
5763-(2) order the county election board to:
5764-(A) if permitted under IC 3-10-9-3 for the county, conduct
5765-a special election in which the; or
5766-(B) place the public question on the ballot at the next
5767-election permitted under IC 3-10-9-3 at which the;
5768-registered voters residing in the proposed community school
5769-corporation may vote to determine whether the corporation will be
5770-created.
5771-(b) This subsection applies to a county that is designated as a
5772-vote center county under IC 3-11-18.1. If:
5773-(1) a primary election at which county officials are nominated; or
5774-(2) a general election at which county officials are elected;
5775-and for which the question can be certified in compliance with
5776-IC 3-10-9-3 is to be held not later than six (6) months after the receipt
5777-by the chairperson of the county committee of the plan referred to in
5778-section 20(a) of this chapter, regardless of whether the ninety (90) day
5779-period referred to in subsection (a) has expired, the judge shall order
5780-the county election board to conduct the special election to be held in
5781-conjunction with the primary or general election.
5782-(c) This subsection applies to a county that is designated as a
5783-vote center county under IC 3-11-18.1. If a primary or general
5784-election will not be held in the six (6) month period referred to in
5785-SB 224—LS 7130/DI 144 136
5786-subsection (b), the special election shall be held:
5787-(1) not earlier than sixty (60) days; and
5788-(2) not later than one hundred twenty (120) days;
5789-after the expiration of the ninety (90) day period referred to in
5790-subsection (a).
5791-(d) The county election board shall give notice under IC 5-3-1 of the
5792-special election a public question referred to in subsection (a).
5793-(e) The notice referred to in subsection (d) of a special election
5794-public question must:
5795-(1) clearly state that the election is called to afford the registered
5796-voters an opportunity to approve or reject a proposal for the
5797-formation of a community school corporation;
5798-(2) contain:
5799-(A) a general description of the boundaries of the community
5800-school corporation as set out in the plan;
5801-(B) a statement of the terms of adjustment of:
5802-(i) property;
5803-(ii) assets;
5804-(iii) debts; and
5805-(iv) liabilities;
5806-of an existing school corporation that is to be divided in the
5807-creation of the community school corporation;
5808-(C) the name of the community school corporation;
5809-(D) the number of members comprising the board of school
5810-trustees; and
5811-(E) the method of selecting the board of school trustees of the
5812-community school corporation; and
5813-(3) designate the date, time, and voting place or places at which
5814-the election will be held.
5815-(f) A special An election referred to in at which a public question
5816-is submitted to the voters under subsection (a) is under the direction
5817-of the county election board in the county. If the public question is
5818-submitted to the voters at a special election, the election board shall
5819-take all steps necessary to carry out the special election. If the special
5820-election is not conducted at a primary or general election, the cost of
5821-conducting the election is:
5822-(1) charged to each component school corporation embraced in
5823-the community school corporation in the same proportion as the
5824-component school corporation's assessed valuation is to the total
5825-assessed valuation of the community school corporation; and
5826-(2) paid:
5827-(A) from the school corporation's operations fund not
5828-SB 224—LS 7130/DI 144 137
5829-otherwise appropriated of; and
5830-(B) without appropriation by;
5831-each component school corporation.
5832-If a component school corporation is to be divided and its territory
5833-assigned to two (2) or more community corporations, the component
5834-school corporation's cost of the special election is in proportion to the
5835-corporation's assessed valuation included in the community school
5836-corporation.
5837-(g) The county election board shall place the public question on the
5838-ballot in the form prescribed by IC 3-10-9-4. The public question must
5839-state "Shall the (here insert name) community school corporation be
5840-formed as provided in the Reorganization Plan of the County
5841-Committee for the Reorganization of School Corporations?". Except as
5842-otherwise provided in this chapter, the election is governed by IC 3.
5843-(h) If a majority of the votes cast at a special election referred to in
5844-subsection (a) on the public question are in favor of the formation of
5845-the corporation, a community school corporation is created and takes
5846-effect on the earlier of:
5847-(1) the July 1; or
5848-(2) the January 1;
5849-that next follows the date of publication of the notice referred to in
5850-subsection (d).
5851-(i) If a public official fails to perform a duty required of the official
5852-under this section within the time prescribed in this section, the
5853-omission does not invalidate the proceedings taken under this section.
5854-(j) An action:
5855-(1) to contest the validity of the formation or creation of a
5856-community school corporation under this section;
5857-(2) to declare that a community school corporation:
5858-(A) has not been validly formed or created; or
5859-(B) is not validly existing; or
5860-(3) to enjoin the operation of a community school corporation;
5861-may not be instituted later than thirty (30) days after the date of the
5862-special election referred to in subsection (a).
5863-SECTION 29. IC 20-23-4-23, AS ADDED BY P.L.1-2005,
5864-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5865-JANUARY 1, 2024]: Sec. 23. (a) If a proposal for the formation of a
5866-community school corporation is rejected by the voters at the special
5867-election provided for in this chapter, the county committee shall:
5868-(1) subject to subsection (b), devise a new plan of reorganization
5869-considered more acceptable to the electors of the territory
5870-affected; or
5871-SB 224—LS 7130/DI 144 138
5872-(2) subject to subsection (c), direct the county election board or
5873-boards to resubmit the same plan rejected by the voters.
5874-(b) The county committee shall submit a new plan devised under
5875-subsection (a)(1) to the state board for the state board's approval not
5876-later than six (6) months after the date of the special election at which
5877-the proposal was rejected, subject to the same conditions and
5878-requirements concerning extensions of time and other matters provided
5879-in this chapter. If the new plan is approved by the state board, the
5880-procedures of this chapter for the creation of a community school
5881-corporation must be followed.
5882-(c) This subsection applies to a county that is not designated as
5883-a vote center county under IC 3-11-18.1. The county committee may
5884-direct the county election board or boards to resubmit the plan referred
5885-to in subsection (a)(2) at a special election to be held not later than six
5886-(6) months after the special election at which the proposal was rejected.
5887-If a primary or general election for state offices is to be held not later
5888-than six (6) months after the special election at which the proposal was
5889-rejected, the special election must be held in conjunction with the
5890-primary or general election. the next election at which a public
5891-question may be placed on the ballot under IC 3-10-9-3(a). The
5892-judge of the circuit court shall give notice by publication of the special
5893-election on request of the county committee. The special election is
5894-held in the same manner required for the holding of a special an
5895-election under section 21 of this chapter. Officials concerned shall take
5896-all actions necessary to conduct the special election as required under
5897-section 21 of this chapter.
5898-(d) This subsection applies to a county that is designated as a
5899-vote center county under IC 3-11-18.1. The county committee may
5900-direct the county election board or boards to resubmit the plan
5901-referred to in subsection (a)(2) at a special election to be held not
5902-later than six (6) months after the special election at which the
5903-proposal was rejected. If a primary or general election for state
5904-offices is to be held not later than six (6) months after the special
5905-election at which the proposal was rejected, the special election
5906-must be held in conjunction with the primary or general election.
5907-The judge of the circuit court shall give notice by publication of the
5908-special election on request of the county committee. The special
5909-election is held in the same manner required for the holding of a
5910-special election under section 21 of this chapter. Officials
5911-concerned shall take all actions necessary to conduct the special
5912-election as required under section 21 of this chapter.
5913-SECTION 30. IC 20-23-6-5, AS AMENDED BY P.L.152-2021,
5914-SB 224—LS 7130/DI 144 139
5915-SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5916-JANUARY 1, 2024]: Sec. 5. (a) If a petition is filed in one (1) or more
5917-of the school corporations protesting consolidation as provided in this
5918-chapter by the legal voters of any school corporation the governing
5919-body of which proposes to consolidate, the governing body in each
5920-school corporation in which a protest petition is filed shall certify the
5921-public question to each county election board of the county in which
5922-the school corporation is located. The county election board shall call
5923-an election of place a public question on the ballot at the next
5924-election permitted under IC 3-10-9-3 asking the voters of the school
5925-corporation to determine if a majority of the legal voters of the
5926-corporation is in favor of consolidating the school corporations.
5927-(b) If a protest is filed in more than one (1) school corporation, the
5928-elections shall be held on the same day. Each county election board
5929-shall give notice by publication once each week for two (2) consecutive
5930-weeks:
5931-(1) with each notice by publication in a newspaper of general
5932-circulation in the school corporation, or, if a newspaper is not
5933-published in the:
5934-(A) township;
5935-(B) town; or
5936-(C) city;
5937-the notice shall be published in the nearest newspaper published
5938-in the county or counties; or
5939-(2) with the first publication of notice in the newspaper or
5940-newspapers as provided in subdivision (1) and the second
5941-publication of notice:
5942-(A) in accordance with IC 5-3-5; and
5943-(B) on the official web site website of the school corporation.
5944-Each notice shall state that on a day and at an hour to be named in the
5945-notice, the polls will be open at the usual voting places in the various
5946-precincts in the corporation for taking the vote of the legal voters upon
5947-whether the school corporation shall be consolidated with the other
5948-school corporations joining in the resolution.
5949-(c) The public question shall be placed on the ballot in the form
5950-provided by IC 3-10-9-4 and must state: "Shall (insert name of school
5951-corporation) be consolidated with (insert names of other school
5952-corporations)?".
5953-(d) (c) Notice shall be given not later than thirty (30) days after the
5954-petition is filed. The following applies to an election shall be held
5955-under this section:
5956-(1) If the county in which the school corporation is located is
5957-SB 224—LS 7130/DI 144 140
5958-designated as a vote center county under IC 3-11-18.1, notice
5959-shall be given not later than thirty (30) days after the petition
5960-is filed. An election under this subdivision shall be held not
5961-less than ten (10) days or more than twenty (20) days after the last
5962-publication of the notice.
5963-(2) If the county in which the school corporation is located is
5964-not designated as a vote center county under IC 3-11-18.1,
5965-notice shall be given not later than thirty (30) days before the
5966-date of the election.
5967-(e) (d) The governing body of each school corporation in which an
5968-election is held is bound by the majority vote of those voting. However,
5969-if:
5970-(1) the county in which the school corporation is located is
5971-designated as a vote center county under IC 3-11-18.1; and
5972-(2) the election falls within a period of not more than six (6)
5973-months before a primary or general election;
5974-the election shall be held concurrently with the primary or general
5975-election if the public question is certified to the county election board
5976-not later than the deadline set forth in IC 3-10-9-3.
5977-(f) (e) If a majority of those voting in any one (1) school corporation
5978-votes against the plan of consolidation, the plan fails. However, the
5979-failure does not prevent any or all the school corporations from taking
5980-further initial action for the consolidation of school corporations under
5981-this chapter.
5982-SECTION 31. IC 20-23-6-6, AS AMENDED BY P.L.43-2021,
5983-SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5984-JANUARY 1, 2024]: Sec. 6. (a) On the day and hour named in the
5985-notice filed under section 5 of this chapter, polls shall be opened and
5986-the votes of the registered voters shall be taken upon the public
5987-question of consolidating school corporations. The election at which
5988-the public question is placed on the ballot under section 5 of this
5989-chapter shall be governed by IC 3, except as provided in this chapter.
5990-(b) The county election board shall conduct the election. The public
5991-question shall be placed on the ballot in the form prescribed by
5992-IC 3-10-9-4 and must state "Shall (here insert the names of the school
5993-corporations that the resolution proposes to consolidate) be
5994-consolidated into a consolidated school corporation?".
5995-(c) A brief statement of the provisions in the resolution for
5996-appointment or election of a governing body may be placed on the
5997-ballot in the form prescribed by IC 3-10-9-4. A certificate of the votes
5998-cast for and against the consolidation of the school corporations shall
5999-be filed with:
6000-SB 224—LS 7130/DI 144 141
6001-(1) the governing body of the school corporations subject to the
6002-election;
6003-(2) the secretary of education; and
6004-(3) the county recorder of each county in which a consolidated
6005-school corporation is located;
6006-together with a copy of the resolution.
6007-(d) If a majority of the votes cast at each of the elections is in favor
6008-of the consolidation of two (2) or more school corporations, the trustees
6009-of the school corporations shall proceed to consolidate the schools and
6010-provide the necessary buildings and equipment. In any school
6011-corporation where a petition was not filed and an election was not held,
6012-the failure on the part of the voters to file a petition for an election shall
6013-be considered to give the consent of the voters of the school
6014-corporation to the consolidation as set out in the resolution.
6015-(e) If the a special election is held and is not conducted at a primary
6016-or general election, the expense of the election shall be borne by the
6017-school corporation or each of the school corporations subject to the
6018-election and shall be paid out of the school corporation's operations
6019-fund.
6020-SECTION 32. IC 20-23-7-2, AS AMENDED BY P.L.244-2017,
6021-SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6022-JANUARY 1, 2024]: Sec. 2. (a) In any county or adjoining counties at
6023-least two (2) school corporations, including school towns, school cities,
6024-consolidated school corporations, joint schools, metropolitan school
6025-districts, township school districts, or community school corporations,
6026-regardless of whether the consolidating school corporations are of the
6027-same or of a different character, may consolidate into one (1)
6028-metropolitan school district. Subject to subsection (h), the
6029-consolidation must be initiated by following either of the following
6030-procedures:
6031-(1) The board of school trustees, board of education, or other
6032-governing body (the board or other governing body is referred to
6033-elsewhere in this section as the "governing body") of each school
6034-corporation to be consolidated shall:
6035-(A) adopt substantially identical resolutions providing for the
6036-consolidation; and
6037-(B) publish a notice setting out the text of the resolution one
6038-(1) time under IC 5-3-1.
6039-The resolution must set forth any provision for staggering the
6040-terms of the board members of the metropolitan school district
6041-elected under this chapter. If, not more than thirty (30) days after
6042-publication of the resolution, a petition of protest, signed by at
6043-SB 224—LS 7130/DI 144 142
6044-least twenty percent (20%) of the registered voters residing in the
6045-school corporation is filed with the clerk of the circuit court of
6046-each county where the voters who are eligible to sign the petition
6047-reside, a referendum election shall be held as provided in
6048-subsection (c).
6049-(2) Instead of the adoption of substantially identical resolutions in
6050-each of the proposed consolidating school corporations under
6051-subdivision (1), a referendum election under subsection (c) shall
6052-be held on the occurrence of all of the following:
6053-(A) At least twenty percent (20%) of the registered voters
6054-residing in a particular school corporation sign a petition
6055-requesting that the school corporation consolidate with another
6056-school corporation (referred to in this subsection as "the
6057-responding school corporation").
6058-(B) The petition described in clause (A) is filed with the clerk
6059-of the circuit court of each county where the voters who are
6060-eligible to sign the petition reside.
6061-(C) Not more than thirty (30) days after the service of the
6062-petition by the clerk of the circuit court to the governing body
6063-of the responding school corporation under subsection (b) and
6064-the certification of signatures on the petition occurs under
6065-subsection (b), the governing body of the responding school
6066-corporation adopts a resolution approving the petition and
6067-providing for the consolidation.
6068-(D) An approving resolution has the same effect as the
6069-substantially identical resolutions adopted by the governing
6070-bodies under subdivision (1), and the governing bodies shall
6071-publish the notice provided under subdivision (1) not more
6072-than fifteen (15) days after the approving resolution is adopted.
6073-However, if a governing body that is a party to the
6074-consolidation fails to publish notice within the required fifteen
6075-(15) day time period, a referendum election still must be held
6076-as provided in subsection (c).
6077-If the governing body of the responding school corporation does
6078-not act on the petition within the thirty (30) day period described
6079-in clause (C), the governing body's inaction constitutes a
6080-disapproval of the petition request. If the governing body of the
6081-responding school corporation adopts a resolution disapproving
6082-the petition or fails to act within the thirty (30) day period, a
6083-referendum election as described in subsection (c) may not be
6084-held and the petition requesting the consolidation is defeated.
6085-(b) Any petition of protest under subsection (a)(1) or a petition
6086-SB 224—LS 7130/DI 144 143
6087-requesting consolidation under subsection (a)(2) must show in the
6088-petition the date on which each person has signed the petition and the
6089-person's residence on that date. The petition may be executed in several
6090-counterparts, the total of which constitutes the petition. Each
6091-counterpart must contain the names of voters residing within a single
6092-county and shall be filed with the clerk of the circuit court of the
6093-county. Each counterpart must have attached to it the affidavit of the
6094-person circulating the counterpart that each signature appearing on the
6095-counterpart was affixed in that person's presence and is the true and
6096-lawful signature of each person who made the signature. Any signer
6097-may file the petition or any counterpart of the petition. Each signer on
6098-the petition may before and may not after the filing with the clerk
6099-withdraw the signer's name from the petition. A name may not be
6100-added to the petition after the petition has been filed with the clerk.
6101-After the receipt of any counterpart of the petition, each circuit court
6102-clerk shall certify:
6103-(1) the number of persons signing the counterpart;
6104-(2) the number of persons who are registered voters residing
6105-within that part of the school corporation located within the
6106-clerk's county, as disclosed by the voter registration records in the
6107-office of the clerk or the board of registration of the county, or
6108-wherever registration records may be kept;
6109-(3) the total number of registered voters residing within the
6110-boundaries of that part of the school corporation located within
6111-the county, as disclosed in the voter registration records; and
6112-(4) the date of the filing of the petition.
6113-Certification shall be made by each clerk of the circuit court not more
6114-than thirty (30) days after the filing of the petition, excluding from the
6115-calculation of the period any time during which the registration records
6116-are unavailable to the clerk, or within any additional time as is
6117-reasonably necessary to permit the clerk to make the certification. In
6118-certifying the number of registered voters, the clerk of the circuit court
6119-shall disregard any signature on the petition not made within the ninety
6120-(90) days immediately before the filing of the petition with the clerk as
6121-shown by the dates set out in the petition. The clerk of the circuit court
6122-shall establish a record of the certification in the clerk's office and shall
6123-serve the original petition and a copy of the certification on the county
6124-election board under IC 3-10-9-3 and the governing bodies of each
6125-affected school corporation. Service shall be made by mail or manual
6126-delivery to the governing bodies, to any officer of the governing bodies,
6127-or to the administrative office of the governing bodies, if any, and shall
6128-be made for all purposes of this section on the day of the mailing or the
6129-SB 224—LS 7130/DI 144 144
6130-date of the manual delivery.
6131-(c) The county election board in each county where the proposed
6132-metropolitan school district is located, acting jointly where the
6133-proposed metropolitan school district is created and where it is located
6134-in more than one (1) county, shall cause any referendum an election
6135-required under either subsection (a)(1) or (a)(2) to be held in the entire
6136-proposed metropolitan district at a special the next election permitted
6137-under IC 3-10-9-3. If a The special election is scheduled, the election
6138-shall be not less than sixty (60) days and not more than ninety (90) days
6139-after the service of the petition of protest and certification by each clerk
6140-of the circuit court under subsection (a)(1) or (a)(2) or after the
6141-occurrence of the first action requiring a referendum under subsection
6142-(a)(2). However, if a primary or general election at which county
6143-officials are to be nominated or elected, or at which city or town
6144-officials are to be elected in those areas of the proposed metropolitan
6145-school district that are within the city or town, is to be held after the
6146-sixty (60) days and not more than six (6) months after the service or the
6147-occurrence of the first action, each election board may hold the
6148-referendum election with the primary or general election, if permitted
6149-under IC 3-10-9-3.
6150-(d) Notice of the special election shall be given by each election
6151-board by publication under IC 5-3-1.
6152-(e) Except where it conflicts with this section or cannot be
6153-practicably applied, IC 3 applies to the conduct of the referendum
6154-election. If the referendum election is not conducted at a primary or
6155-general election, the cost of conducting the election shall be charged to
6156-each component school corporation included in the proposed
6157-metropolitan school district in the same proportion as its assessed
6158-valuation bears to the total assessed valuation of the proposed
6159-metropolitan school district and shall be paid from the operations fund
6160-of each component school corporation not otherwise appropriated,
6161-without appropriation.
6162-(f) The question in the referendum election shall be placed on the
6163-ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
6164-school corporations of _________ be formed into one (1) metropolitan
6165-school district under IC 20-23-7?" (in which blanks the respective
6166-name of the school districts concerned will be inserted).
6167-(g) If:
6168-(1) a protest petition with the required signatures is not filed after
6169-the adoption of substantially identical resolutions of the governing
6170-bodies providing for or approving the consolidation as described
6171-in subsection (a)(1); or
6172-SB 224—LS 7130/DI 144 145
6173-(2) a referendum election occurs in the entire proposed
6174-metropolitan district and a majority of the voters in each proposed
6175-consolidating school corporation vote in the affirmative;
6176-a metropolitan school district is created and comes into existence in the
6177-territory subject to the provisions and under the conditions described
6178-in this chapter. The boundaries include all of the territory within the
6179-school corporations, and it shall be known as "Metropolitan School
6180-District of _______, Indiana" (the name of the district concerned will
6181-be inserted in the blank). The name of the district shall be decided by
6182-a majority vote of the metropolitan governing board of the metropolitan
6183-school district at the first meeting. The metropolitan governing board
6184-of the new metropolitan school district shall be composed and elected
6185-under this chapter. The failure of any public official or body to perform
6186-any duty within the time provided in this chapter does not invalidate
6187-any proceedings taken by that official or body, but this provision shall
6188-not be construed to authorize a delay in the holding of a referendum
6189-election under this chapter.
6190-(h) If the governing body of a school corporation is involved in a
6191-consolidation proposal under subsection (a)(1) or (a)(2) that fails to
6192-result in a consolidation, the:
6193-(1) governing body of the school corporation may not initiate a
6194-subsequent consolidation with another school corporation under
6195-subsection (a)(1); and
6196-(2) residents of the school corporation may not file a petition
6197-requesting a consolidation with another school corporation under
6198-subsection (a)(2);
6199-for one (1) year after the date on which the prior consolidation proposal
6200-failed.".
6201-Delete pages 19 through 49.
6202-Page 50, delete lines 1 through 19.
6203-Page 51, delete lines 25 through 42, begin a new paragraph and
6204-insert:
6205-"SECTION 34. IC 20-23-8-16, AS ADDED BY P.L.1-2005,
6206-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6207-JANUARY 1, 2024]: Sec. 16. (a) If:
6208-(1) the governing body has disapproved a plan submitted;
6209-(2) an alternative plan has been filed; or
6210-(3) a petition of protest has been filed;
6211-the county election board shall hold a special election at a date to be
6212-determined by the county election board not more than ninety (90) days
6213-after the receipt of the determination of the state board on a plan in the
6214-form certified by the state board. If a special election is not permitted
6215-SB 224—LS 7130/DI 144 146
6216-under IC 3-10-9-3, the county election board shall hold an election
6217-on the next date permitted under IC 3-10-9-3.
6218-(b) If a special election under subsection (a) can be held not more
6219-than six (6) months after the receipt of the determination from the state
6220-board in conjunction with a primary or general election at which:
6221-(1) county officials are to be elected or nominated; or
6222-(2) city or town officials are to be elected in those areas of the
6223-school corporations that are within the city or town;
6224-the county election board may delay the special election until the date
6225-of the regular election.
6226-(c) If a school corporation is located in more than one (1) county,
6227-the county election board of the county containing the greatest
6228-percentage of population of the school corporation shall determine the
6229-date of an election held under this section.
6230-SECTION 35. IC 20-23-8-18, AS AMENDED BY P.L.244-2017,
6231-SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6232-JANUARY 1, 2024]: Sec. 18. (a) The county election board shall give
6233-notice of an election under section 16 of this chapter after receiving the
6234-form of notice and ballot from the clerk. The county election board
6235-shall publish notice one (1) time in two (2) newspapers of general
6236-circulation in the school corporation, or if only one (1) newspaper is of
6237-general circulation, then in that newspaper. The publication may not be
6238-made less than ten (10) days nor more than forty-five (45) days before
6239-the election. Any other notice of the election or requirement for the
6240-time of printing ballots, whether prescribed by IC 3 or otherwise, is not
6241-required to be given or observed. A person may not vote at the special
6242-election unless the person is then qualified as a registered voter.
6243-(b) IC 3 applies to the conduct of an election under this chapter,
6244-except if the provisions of this chapter are in conflict with provisions
6245-of IC 3 or if IC 3 cannot be practicably applied.
6246-(c) If the a special election is held and is not conducted at a primary
6247-or general election, the school corporation shall pay the cost of
6248-conducting the election from the school corporation's operations fund
6249-not otherwise appropriated without appropriation.
6250-SECTION 36. IC 20-23-8-19, AS ADDED BY P.L.1-2005,
6251-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6252-JANUARY 1, 2024]: Sec. 19. (a) A plan shall be adopted in the
6253-following circumstances:
6254-(1) At the expiration of one hundred twenty (120) days after the
6255-publication of notice by the governing body if:
6256-(A) the governing body has initiated or approved the plan;
6257-(B) a petition has not been filed either protesting the plan or
6258-SB 224—LS 7130/DI 144 147
6259-setting forth an alternative plan; and
6260-(C) the state board has reviewed and certified the plan.
6261-(2) If only one (1) plan is on the ballot and it receives more
6262-affirmative than negative votes, the plan is adopted at the
6263-expiration of thirty (30) days following the special election.
6264-(3) If more than one (1) plan is on the ballot, the plan receiving
6265-the most votes is adopted at the expiration of thirty (30) days after
6266-the special election.
6267-(b) The plan is effective:
6268-(1) at the time provided in the plan; or
6269-(2) if a time is not provided or if the time provided is inapplicable
6270-due to the lapse of time of the proceedings under this chapter,
6271-either on the January 1 or July 1 following the time of adoption of
6272-the plan.".
6273-Delete page 52.
6274-Page 53, delete lines 1 through 17.
6275-Page 61, delete lines 12 through 42, begin a new paragraph and
6276-insert:
6277-"SECTION 41. IC 20-46-1-14, AS AMENDED BY P.L.278-2019,
6278-SECTION 175, IS AMENDED TO READ AS FOLLOWS
6279-[EFFECTIVE JANUARY 1, 2024]: Sec. 14. (a) Except as provided
6280-in section 14.5 of this chapter, the referendum shall be held in at the
6281-next primary election, general election, or municipal election
6282-permitted under IC 3-10-9-3 in which all the registered voters who
6283-are residents of the appellant school corporation are entitled to vote
6284-after certification of the question under IC 3-10-9-3. Except as
6285-provided in section 14.5 of this chapter, the certification of the
6286-question must occur not later than noon:
6287-(1) seventy-four (74) days before a primary election if the
6288-question is to be placed on the primary or municipal primary
6289-election ballot; or
6290-(2) August 1 if the question is to be placed on the general or
6291-municipal election ballot.
6292-(b) However, This subsection applies if the county in which the
6293-school corporation is located is designated as a vote center county
6294-under IC 3-11-18.1. If a primary election, general election, or
6295-municipal election will not be held during the first year in which the
6296-public question is eligible to be placed on the ballot under this chapter
6297-and if the appellant school corporation requests the public question to
6298-be placed on the ballot at a special election, the public question shall
6299-be placed on the ballot at a special election to be held on the first
6300-Tuesday after the first Monday in May or November of the year. The
6301-SB 224—LS 7130/DI 144 148
6302-certification must occur not later than noon:
6303-(1) sixty (60) days before a special election to be held in May (if
6304-the special election is to be held in May); or
6305-(2) on August 1 (if the special election is to be held in
6306-November).
6307-(c) This subsection applies if the county in which the school
6308-corporation is located is designated as a vote center county under
6309-IC 3-11-18.1. If the referendum is not conducted at a primary election,
6310-general election, or municipal election, the appellant school
6311-corporation in which the referendum is to be held shall pay all the costs
6312-of holding the referendum.
6313-SECTION 42. IC 20-46-1-14.5 IS ADDED TO THE INDIANA
6314-CODE AS A NEW SECTION TO READ AS FOLLOWS
6315-[EFFECTIVE JANUARY 1, 2024]: Sec. 14.5. (a) This section applies
6316-to a school corporation:
6317-(1) located in a county that is not designated as a vote center
6318-county under IC 3-11-18.1; and
6319-(2) that imposed an operating referendum tax levy:
6320-(A) before January 1, 2024; and
6321-(B) that will expire after December 31, 2023.
6322-(b) Subject to subsection (d), after December 31, 2023, a school
6323-corporation described in subsection (a) may hold a referendum
6324-under this chapter on one (1) of the following dates:
6325-(1) The next primary election, general election, or municipal
6326-election in which all the registered voters who are residents of
6327-the appellant school corporation are entitled to vote after
6328-certification of the question under IC 3-10-9-3. The
6329-certification of the question must occur not later than noon:
6330-(A) seventy-four (74) days before a primary election if the
6331-question is to be placed on the primary or municipal
6332-primary election ballot; or
6333-(B) August 1 if the question is to be placed on the general
6334-or municipal election ballot.
6335-(2) If a primary election, general election, or municipal
6336-election will not be held during the first year in which the
6337-public question is eligible to be placed on the ballot under this
6338-chapter and if the appellant school corporation requests the
6339-public question to be placed on the ballot at a special election,
6340-the public question shall be placed on the ballot at a special
6341-election to be held on the first Tuesday after the first Monday
6342-in May or November of the year. The certification must occur
6343-not later than noon:
6344-SB 224—LS 7130/DI 144 149
6345-(A) sixty (60) days before a special election to be held in
6346-May (if the special election is to be held in May); or
6347-(B) August 1 (if the special election is to be held in
6348-November).
6349-(c) If the referendum under subsection (b) is not conducted at a
6350-primary election, general election, or municipal election, the
6351-appellant school corporation in which the referendum is to be held
6352-shall pay all the costs of holding the referendum.
6353-(d) A school corporation described in subsection (a):
6354-(1) may hold not more than one (1) referendum under
6355-subsection (b); and
6356-(2) must align the expiration of the tax levy imposed as a
6357-result of a referendum under subsection (b) to allow a
6358-subsequent referendum to occur at an election permitted
6359-under IC 3-10-9-3(a).".
6360-Delete page 62.
6361-Page 63, delete line 1.
6362-Page 70, delete lines 18 through 42, begin a new paragraph and
6363-insert:
6364-"SECTION 46. IC 20-46-9-14, AS AMENDED BY P.L.109-2021,
6365-SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6366-JANUARY 1, 2024]: Sec. 14. (a) The referendum shall be held in the
6367-next primary election, general election, or municipal election
6368-permitted under IC 3-10-9-3 in which all the registered voters who
6369-are residents of the school corporation are entitled to vote after
6370-certification of the question under IC 3-10-9-3. The certification of the
6371-question must occur not later than noon:
6372-(1) seventy-four (74) days before a primary election if the
6373-question is to be placed on the primary or municipal primary
6374-election ballot; or
6375-(2) August 1 if the question is to be placed on the general or
6376-municipal election ballot.
6377-(b) However, This subsection applies if the county in which the
6378-school corporation is located is designated as a vote center county
6379-under IC 3-11-18.1. If a primary election, general election, or
6380-municipal election will not be held during the first year in which the
6381-public question is eligible to be placed on the ballot under this chapter
6382-and if the school corporation requests the public question to be placed
6383-on the ballot at a special election, the public question shall be placed
6384-on the ballot at a special election to be held on the first Tuesday after
6385-the first Monday in May or November of the year. The certification
6386-must occur not later than noon:
6387-SB 224—LS 7130/DI 144 150
6388-(1) sixty (60) days before a special election to be held in May (if
6389-the special election is to be held in May); or
6390-(2) August 1 (if the special election is to be held in November).
6391-(c) This subsection applies if the county in which the school
6392-corporation is located is designated as a vote center county under
6393-IC 3-11-18.1. If the referendum is not conducted at a primary election,
6394-general election, or municipal election, the school corporation in which
6395-the referendum is to be held shall pay all the costs of holding the
6396-referendum.
6397-SECTION 47. IC 36-1-1.5-8, AS ADDED BY P.L.234-2013,
6398-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6399-JANUARY 1, 2024]: Sec. 8. The following apply if the voters of an
6400-eligible municipality file a sufficient petition under section 7 of this
6401-chapter:
6402-(1) The clerk of the eligible municipality shall certify the petition
6403-to the county election board.
6404-(2) A special election on The public question shall be held in the
6405-eligible municipality:
6406-(A) if the county in which the eligible municipality is
6407-located is designated as a vote center county under
6408-IC 3-11-18.1, at a special election in the manner prescribed
6409-by IC 3-10-8-6 The special election shall be held and on a date
6410-that:
6411-(A) (i) is determined by the legislative body of the eligible
6412-municipality; and
6413-(B) (ii) is not more than one (1) year after the date on which
6414-the clerk of the eligible municipality certifies the petition to
6415-the county election board; or
6416-(B) if the county in which the eligible municipality is
6417-located is not designated as a vote center county under
6418-IC 3-11-18.1, at the next election permitted under
6419-IC 3-10-9-3(a).
6420-(3) The clerk of the eligible municipality shall give notice of the
6421-special election by publication in the manner prescribed by
6422-IC 5-3-1.
6423-(4) If a special election is held, the eligible municipality shall
6424-pay the costs of holding the special election.
6425-(5) The county election board shall place the following question
6426-on the ballot in the eligible municipality:
6427-"Shall the territory of _____________ (insert the name of the
6428-eligible municipality) be transferred from _____________
6429-(insert the name of the transferor township) to an adjacent
6430-SB 224—LS 7130/DI 144 151
6431-township?".
6432-(6) After the special election on the public question is held, the
6433-county election board:
6434-(A) shall file with the clerk of the eligible municipality the
6435-results of the special election for each precinct of the eligible
6436-municipality in the manner prescribed by IC 3-12-4; and
6437-(B) shall certify a copy of the results of the special election to:
6438-(i) the county auditor;
6439-(ii) the legislative body and executive of the eligible
6440-municipality; and
6441-(iii) the legislative body and executive of each township that
6442-includes territory of the eligible municipality.".
6443-Page 71, delete lines 1 through 41.
6444-Page 73, delete lines 13 through 42, begin a new paragraph and
6445-insert:
6446-"SECTION 50. IC 36-1.5-4-28, AS AMENDED BY P.L.216-2015,
6447-SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6448-JANUARY 1, 2024]: Sec. 28. (a) A public question under this chapter
6449-shall be placed on the ballot in all of the precincts that are located in
6450-the reorganizing political subdivisions in substantially the following
6451-form:
6452-(Insert a brief description of the structure of the proposed
6453-reorganized political subdivision that will succeed the
6454-reorganizing political subdivisions.)
6455-"Shall _________ (insert name of political subdivision) and
6456-_________ (insert name of political subdivision) reorganize as a
6457-single political subdivision?".
6458-(b) The public question must appear on the ballot in the form
6459-approved by the county election board. A brief description of the
6460-reorganized political subdivision that will succeed the reorganizing
6461-political subdivisions, and the public question described in subsection
6462-(a), shall be placed on the ballot in the form prescribed by IC 3-10-9-4.
6463-The county election board shall submit the language to the department
6464-of local government finance for review.
6465-(c) The department of local government finance shall review the
6466-language of the public question to evaluate whether the description of
6467-the reorganized political subdivision that will succeed the reorganizing
6468-political subdivisions is accurate and is not biased against either a vote
6469-in favor of the reorganization or a vote against the reorganization. The
6470-department of local government finance may:
6471-(1) approve the ballot language as submitted; or
6472-(2) modify the ballot language as necessary to ensure that the
6473-SB 224—LS 7130/DI 144 152
6474-description of the reorganized political subdivision that will
6475-succeed the reorganizing political subdivisions is accurate and is
6476-not biased.
6477-The department of local government finance shall certify its approval
6478-or recommendations to the county election board not more than ten
6479-(10) days after the language of the public question is submitted to the
6480-department for review. If the department of local government finance
6481-recommends a modification to the ballot language, the county election
6482-board shall, after reviewing the recommendations of the department of
6483-local government finance, submit modified ballot language to the
6484-department for the department's approval or recommendation of any
6485-additional modifications. The public question may not be certified
6486-under IC 3-10-9-3 unless the department of local government finance
6487-has first certified the department's final approval of the ballot language
6488-for the public question to the county recorder.
6489-(d) When the county recorder receives final approval of the ballot
6490-language under this section, the county recorder shall immediately
6491-certify the public question to the county election board under
6492-IC 3-10-9-3 and file a notice of the certification with the county
6493-auditor. The county election board shall place the public question on
6494-the ballot in accordance with IC 3-10-9 at the next:
6495-(1) regularly scheduled general or municipal election that will
6496-occur in all of the precincts of the reorganizing political
6497-subdivisions, if all of the counties in which the reorganizing
6498-political subdivisions are located are designated as vote center
6499-counties under IC 3-11-18.1; or
6500-(2) election permitted under IC 3-10-9-3(a) that will occur in
6501-all of the precincts of the reorganizing political subdivisions,
6502-if one (1) of the counties in which the reorganizing political
6503-subdivisions are located is not designated as a vote center
6504-county under IC 3-11-18.1.
6505-SECTION 51. IC 36-2-1-2, AS AMENDED BY P.L.104-2022,
6506-SECTION 145, IS AMENDED TO READ AS FOLLOWS
6507-[EFFECTIVE JANUARY 1, 2024]: Sec. 2. (a) If the resident voters in
6508-a specified territory in two (2) or more contiguous counties desire to
6509-change the boundaries of their respective counties, they may file a
6510-petition with the executives of their respective counties requesting that
6511-the territory be transferred. The petition must:
6512-(1) be signed by at least the number of voters resident in the
6513-territory requested to be transferred required to place a candidate
6514-on the ballot under IC 3-8-6-3;
6515-(2) contain a clear, distinct description of the requested boundary
6516-SB 224—LS 7130/DI 144 153
6517-change; and
6518-(3) not propose to decrease the area of any county below four
6519-hundred (400) square miles in compliance with Article 15,
6520-Section 7 of the Constitution of the State of Indiana.
6521-(b) Whenever a petition under subsection (a) is filed with a county
6522-executive, the executive shall determine, at its first meeting after the
6523-petition is filed:
6524-(1) whether the signatures on the petition are genuine; and
6525-(2) whether the petition complies with subsection (a).
6526-(c) If the determinations under subsection (b) are affirmative, the
6527-executive shall certify the question to the county election board of each
6528-affected county. The county election boards shall jointly order:
6529-(1) if all of the counties are designated as vote center counties
6530-under IC 3-11-18.1, a special election to be held scheduling the
6531-election so that the election is held on the same date in each
6532-county interested in the change, but not later than thirty (30) days
6533-and not on the same date as a general election; or
6534-(2) if one (1) or more of the counties is not designated as a vote
6535-center county under IC 3-11-18.1, an election to be held at the
6536-next election permitted under IC 3-10-9-3, scheduling the
6537-election so that the election is held on the same date in each
6538-county interested in the change.
6539-The An election held under subdivision (1) shall be conducted under
6540-IC 3-10-8-6. All voters of each interested county are entitled to vote on
6541-the question. The question shall be placed on the ballot in the form
6542-prescribed by IC 3-10-9-4 and must state "Shall the boundaries of
6543-__________ County and ____________ County change?".
6544-(d) After an election under subsection (c), the clerk of each county
6545-shall make a certified copy of the election returns and not later than
6546-five (5) days after the election file the copy with the auditor of the
6547-county. The auditor shall, not later than five (5) days after the filing of
6548-the returns in the auditor's office, make a true and complete copy of the
6549-returns, certified under the auditor's hand and seal, and deposit the copy
6550-with the auditor of every other county interested in the change.
6551-(e) After copies have been filed under subsection (d), the auditor of
6552-each county shall call a meeting of the executive of the county, which
6553-shall examine the returns. If a majority of the voters of each interested
6554-county voted in favor of change, the executive shall:
6555-(1) enter an order declaring their boundaries to be changed as
6556-described in the petition; and
6557-(2) if the county has received territory from the transfer, adopt
6558-revised descriptions of:
6559-SB 224—LS 7130/DI 144 154
6560-(A) county commissioner districts under IC 36-2-2-4; and
6561-(B) county council districts under IC 36-2-3-4;
6562-so that the transferred territory is assigned to at least one (1) county
6563-commissioner district and at least one (1) county council district.
6564-(f) The executive of each county shall file a copy of the order
6565-described in subsection (e)(1) with:
6566-(1) the office of the secretary of state; and
6567-(2) the circuit court clerk of the county.
6568-The transfer of territory becomes effective when the last county order
6569-is filed under this subsection.
6570-(g) An election under this section may be held only once every three
6571-(3) years.
6572-SECTION 52. IC 36-4-1.5-2, AS AMENDED BY P.L.76-2014,
6573-SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6574-JANUARY 1, 2024]: Sec. 2. A town may be changed into a city
6575-through the following:
6576-(1) The town legislative body must adopt a resolution submitting
6577-to the town's voters the question of whether the town should be
6578-changed into a city. The town legislative body shall adopt a
6579-resolution described in this subdivision if at least the number of
6580-registered voters of the town equal to ten percent (10%) of the
6581-total votes cast in the town at the last election for secretary of
6582-state sign a petition requesting the town legislative body to adopt
6583-such a resolution. In determining the number of signatures
6584-required under this subdivision, any fraction that exceeds a whole
6585-number shall be disregarded.
6586-(2) The town legislative body must adopt the resolution under
6587-subdivision (1) not later than thirty (30) days after the date on
6588-which a petition having a sufficient number of signatures is filed.
6589-If the town is located in a county that is not designated as a
6590-vote center county under IC 3-11-18.1, a resolution adopted
6591-under subdivision (1) must fix the date for an the election on the
6592-question of whether the town should be changed into a city as
6593-follows: the date of the next election permitted under
6594-IC 3-10-9-3(a). The resolution must be certified in accordance
6595-with IC 3-10-9-3. If the town is located in a county that is
6596-designated as a vote center county under IC 3-11-18.1, a
6597-resolution adopted under subdivision (1) must fix the date for
6598-the election as follows:
6599-(A) If the election is to be on the same date as a general
6600-election or municipal election:
6601-(i) the resolution must state that fact and be certified in
6602-SB 224—LS 7130/DI 144 155
6603-accordance with IC 3-10-9-3; and
6604-(ii) the election must be held on the date of the next general
6605-election or municipal election, whichever is earlier, at which
6606-the question can be placed on the ballot under IC 3-10-9.
6607-(B) If the election is to be a special election, the date must be:
6608-(i) not less than seventy-four (74) and not more than one
6609-hundred four (104) days after the notice of the election; and
6610-(ii) not later than the next general election or municipal
6611-election, whichever is earlier, at which the question can be
6612-placed on the ballot under IC 3-10-9.
6613-(3) The town legislative body shall file a copy of the resolution
6614-adopted under subdivision (1) with the circuit court clerk of each
6615-county in which the town is located. The circuit court clerk shall
6616-immediately certify the resolution to the county election board.
6617-(4) If the town is located in a county that is designated as a
6618-vote center county under IC 3-11-18.1, the county election
6619-board shall give notice of the election in the manner prescribed by
6620-IC 3-8-2-19. For any election held under this section, IC 3-10-6
6621-applies to the election.
6622-(5) The question described in subdivision (1) shall be placed on
6623-the ballot in the form prescribed by IC 3-10-9-4. The text of the
6624-question shall be: "Shall the town of _________ change into a
6625-city?".
6626-(6) If a majority of the voters voting on the question described in
6627-subdivision (1) vote "yes", the town is changed into a city as
6628-provided in this chapter. If a majority of the voters voting on the
6629-question vote "no", the town remains a town.
6630-SECTION 53. IC 36-4-2-2 IS AMENDED TO READ AS
6631-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 2. (a) If the
6632-legislative bodies of two (2) or more adjoining municipalities each
6633-agree, by resolution, on:
6634-(1) the date of an election to consider the merger of the
6635-municipalities; and
6636-(2) the name by which the municipality formed by the merger
6637-would be known;
6638-the municipalities shall certify the question to the county election
6639-board. The board shall conduct an election to consider the merger. If
6640-one (1) or more of the municipalities are located in a county that is
6641-not designated as a vote center county under IC 3-11-18.1, the
6642-board shall conduct the election at the next general election that is
6643-not a general municipal election. The election shall be held in each
6644-of the municipalities.
6645-SB 224—LS 7130/DI 144 156
6646-(b) Notice of an election under this section shall be given in each
6647-municipality by publication in the manner prescribed by IC 5-3-1.
6648-(c) An election under this section shall be held in each municipality.
6649-If all of the municipalities are located in counties designated as vote
6650-center counties under IC 3-11-18.1, the election shall be held in the
6651-manner prescribed by IC 3-10-8-6. The question shall be placed on the
6652-ballot in the form prescribed by IC 3-10-9-4 and must state "Shall
6653-______ and _____ merge and become the (City or Town) of _____?".
6654-(d) The election board shall report the results of the election to each
6655-legislative body, and a certified copy of the result of the election in
6656-each municipality shall be filed with the legislative body of each of the
6657-municipalities involved in the election.
6658-(e) If a majority of the votes cast in each of the municipalities is in
6659-favor of the merger, the municipalities are merged under the terms
6660-prescribed by this section and sections 9 through 17 of this chapter. A
6661-certified copy of the agreement, and of the result of the election, shall
6662-be filed in the office of the recorder of the county or counties in which
6663-the new municipality is located. The agreement must be:
6664-(1) signed by the municipal executive;
6665-(2) attested by the clerk; and
6666-(3) sealed with the seal;
6667-of each of the constituent municipalities. Copies of the record shall be
6668-received in all courts and places as conclusive of the merger of the
6669-municipality under the name agreed on.".
6670-Delete pages 74 through 76.
6671-Page 77, delete lines 1 through 38.
6672-Page 78, delete lines 19 through 42, begin a new paragraph and
6673-insert:
6674-"SECTION 55. IC 36-4-2-4 IS AMENDED TO READ AS
6675-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 4. (a) If petitions
6676-are filed under section 3 of this chapter, the legislative body of each
6677-municipality involved in the proposed merger shall meet and by
6678-resolution fix a the date for the election. The date must be the same in
6679-each of the municipalities. and If one (1) or more of the
6680-municipalities are located in a county that is not designated as a
6681-vote center county under IC 3-11-18.1, the resolution must fix the
6682-date for the election for the date of the next general election that is
6683-not a general municipal election. If all of the municipalities are
6684-located in counties designated as vote center counties under
6685-IC 3-11-18.1, the election may not be more than three (3) months after
6686-the date of the filing of the petitions.
6687-(b) Notice of an election under section 3 of this chapter must be
6688-SB 224—LS 7130/DI 144 157
6689-given by publication in each municipality in the manner prescribed by
6690-IC 5-3-1.
6691-SECTION 56. IC 36-4-2-6 IS AMENDED TO READ AS
6692-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 6. (a) An election
6693-held under section 3 of this chapter shall be held in each municipality.
6694-If all of the municipalities are located in counties designated as vote
6695-center counties under IC 3-11-18.1:
6696-(1) the election shall be held in the manner prescribed by
6697-IC 3-10-8-6; and
6698-(2) each municipality is responsible for the expense of the
6699-election within its own corporate boundaries.
6700-(b) A voter in an election held under section 3 of this chapter may:
6701-(1) vote "Yes" or "No" on the proposed merger; and
6702-(2) vote in favor of one (1) proposed name listed on the ballot
6703-under section 5 of this chapter.
6704-SECTION 57. IC 36-5-1-8, AS AMENDED BY P.L.216-2015,
6705-SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6706-JANUARY 1, 2024]: Sec. 8. (a) The county executive may approve a
6707-petition for incorporation only if it finds all of the following:
6708-(1) That the proposed town is used or will, in the reasonably
6709-foreseeable future, be used generally for commercial, industrial,
6710-residential, or similar purposes.
6711-(2) That the proposed town is reasonably compact and contiguous.
6712-(3) That the proposed town includes enough territory to allow for
6713-reasonable growth in the foreseeable future.
6714-(4) That a substantial majority of the property owners in the
6715-proposed town have agreed that at least six (6) of the following
6716-municipal services should be provided on an adequate basis:
6717-(A) Police protection.
6718-(B) Fire protection.
6719-(C) Street construction, maintenance, and lighting.
6720-(D) Sanitary sewers.
6721-(E) Storm sewers.
6722-(F) Health protection.
6723-(G) Parks and recreation.
6724-(H) Schools and education.
6725-(I) Planning, zoning, and subdivision control.
6726-(J) One (1) or more utility services.
6727-(K) Stream pollution control or water conservation.
6728-(5) That the proposed town could finance the proposed municipal
6729-services with a reasonable tax rate, using the current assessed
6730-valuation of properties as a basis for calculation.
6731-SB 224—LS 7130/DI 144 158
6732-(6) That incorporation is in the best interest of the territory
6733-involved. This finding must include a consideration of:
6734-(A) the expected growth and governmental needs of the area
6735-surrounding the proposed town;
6736-(B) the extent to which another unit can more adequately and
6737-economically provide essential services and functions; and
6738-(C) the extent to which the incorporators are willing to enter
6739-into agreements under IC 36-1-7 with the largest neighboring
6740-municipality, if that municipality has proposed such
6741-agreements.
6742-(b) If the county executive determines that the petition satisfies the
6743-requirements set forth in subsection (a), the county executive may do
6744-any of the following:
6745-(1) Adopt an ordinance under section 10.1 of this chapter
6746-incorporating the town.
6747-(2) Deny the petition.
6748-(3) Adopt a resolution to place a public question concerning the
6749-incorporation on the ballot at an election. If the county is not
6750-designated as a vote center county under IC 3-11-18.1, the
6751-public question may be placed on the ballot at the next
6752-election permitted under IC 3-10-9-3. If the county is
6753-designated as a vote center county under IC 3-11-18.1, the
6754-county executive shall request a date for the election as follows:
6755-(A) If the county executive requests the public question be on
6756-the same date as a general election or primary election:
6757-(i) the resolution must state that the election is to be on the
6758-same date as a general or primary election, and must be
6759-certified in accordance with IC 3-10-9-3; and
6760-(ii) the election must be held on the date of the next general
6761-election or primary election, whichever is earlier, at which
6762-the question can be placed on the ballot under IC 3-10-9-3.
6763-(B) If a petition contains a request for a special election, the
6764-county executive may request that the public question
6765-concerning the incorporation will be on the ballot of a special
6766-election. An election may be considered a special election only
6767-if it is conducted on a date other than the date of a general
6768-election or primary election. The date of the special election
6769-must be:
6770-(i) at least seventy-four (74) and not more than one hundred
6771-four (104) days after the notice of the election is filed under
6772-IC 3-10-8-4; and
6773-(ii) not later than the next general election or primary
6774-SB 224—LS 7130/DI 144 159
6775-election, whichever is earlier.
6776-If the public question is on the ballot of a special election, the
6777-petitioners shall pay the costs of holding the special election. If
6778-the county executive adopts a resolution under this subdivision,
6779-the county executive shall file the resolution and the petition with
6780-the circuit court clerk of each county that contains any part of the
6781-territory sought to be incorporated.
6782-(c) After a resolution is filed with a circuit court clerk under
6783-subsection (b)(3), the circuit court clerk shall certify the resolution to
6784-the county election board. The county election board shall place the
6785-following public question on the ballot:
6786-"Shall (insert a description of the territorial boundaries) be
6787-incorporated as a town?".
6788-Only the registered voters residing within the territory of the proposed
6789-town may vote on the public question.
6790-(d) Not earlier than sixty (60) days and not later than thirty (30) days
6791-before the election, the petitioners shall publish a notice in accordance
6792-with IC 5-3-1 in each county where the proposed town is located. The
6793-notice must include the following:
6794-(1) A description of the boundaries of the proposed town and the
6795-quantity of land contained in the territory of the proposed town.
6796-(2) The information provided under section 3(3) through 3(6) of
6797-this chapter.
6798-(3) The name, telephone number, and electronic mail address (if
6799-available) of the contact person for the petitioners.
6800-(4) A statement that the petition is available for inspection and
6801-copying in the office of the circuit court clerk of each county
6802-where the proposed town is located.
6803-The petitioners shall submit proof of publication of the notice to the
6804-circuit court clerk of each county in which the proposed town is
6805-located. A defect in the form of the notice does not invalidate the
6806-petition.
6807-(e) If a majority of the voters residing within the territory of the
6808-proposed town:
6809-(1) vote "no" on the public question, the territory is not
6810-incorporated as a town, and a new petition for incorporation may
6811-not be filed within the period set forth in section 9 of this chapter;
6812-or
6813-(2) vote "yes" on the public question, the county executive of each
6814-county in which the proposed town is located shall adopt an
6815-ordinance under section 10.1 of this chapter.
6816-(f) The circuit court clerk shall certify the results of a public
6817-SB 224—LS 7130/DI 144 160
6818-question under this section to the following:
6819-(1) The county executive of each county in which the proposed
6820-incorporated territory is located.
6821-(2) The county auditor of each county in which the proposed
6822-incorporated territory is located.
6823-(3) The department of local government finance.
6824-(4) The department of state revenue.
6825-(5) The state board of accounts.
6826-(6) The office of the secretary of state.
6827-(7) The office of census data established by IC 2-5-1.1-12.2.
6828-(8) The election division.
6829-SECTION 58. IC 36-5-1-16 IS AMENDED TO READ AS
6830-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 16. If the town
6831-legislative body decides to submit the question of dissolving the town
6832-or changing its name to the voters of the town, it shall certify the
6833-question to the county election board. The election board shall fix the
6834-date of an election, as permitted under IC 3-10-9-3, for that purpose.
6835-The town clerk shall give notice of the election in the manner
6836-prescribed by IC 5-3-1.
6837-SECTION 59. IC 36-5-1-18, AS AMENDED BY P.L.104-2022,
6838-SECTION 165, IS AMENDED TO READ AS FOLLOWS
6839-[EFFECTIVE JANUARY 1, 2024]: Sec. 18. (a) If at least two-thirds
6840-(2/3) of the votes cast in an election under section 16 of this chapter are
6841-affirmative, the dissolution or change of name takes effect in the
6842-manner prescribed by this section.
6843-(b) A change of name takes effect thirty (30) days after the filing of
6844-the statement required by section 17 of this chapter.
6845-(c) A dissolution takes effect six (6) months after the filing of the
6846-statement required by section 17 of this chapter. The property owned
6847-by the town after payment of debts and liabilities shall be disposed of
6848-in the manner chosen by a majority of the voters of the town at a
6849-special election or an election permitted under IC 3-10-9-3, as
6850-applicable, for that purpose. Dissolution of a town does not affect the
6851-validity of a contract to which the town is a party.
6852-SECTION 60. IC 36-5-1.1-10.6, AS AMENDED BY P.L.104-2022,
6853-SECTION 169, IS AMENDED TO READ AS FOLLOWS
6854-[EFFECTIVE JANUARY 1, 2024]: Sec. 10.6. (a) This section applies
6855-to included towns.
6856-(b) The dissolution of a town under this section may be instituted by
6857-filing a petition with the county board of registration. The petition must
6858-be signed by at least the number of the registered voters of the town
6859-required to place a candidate on the ballot under IC 3-8-6-3. The
6860-SB 224—LS 7130/DI 144 161
6861-petition must be filed not later than June 1 of a year in which:
6862-(1) a general election or municipal general election will be held,
6863-if the town is located in a county that is not designated as a
6864-vote center county under IC 3-11-18.1; or
6865-(2) a general or municipal election will be held, if the town is
6866-located in a county that is designated as a vote center county
6867-under IC 3-11-18.1.
6868-(c) If a petition meets the criteria set forth in subsection (b), the
6869-county board of registration shall certify the public question to the
6870-county election board under IC 3-10-9-3. The county election board
6871-shall place the question of dissolution on the ballot provided for voters
6872-in the included town at the first:
6873-(1) general or municipal election following certification, if the
6874-town is located in a county that is designated as a vote center
6875-county under IC 3-11-18.1; or
6876-(2) election permitted under IC 3-10-9-3 following
6877-certification, if the town is located in a county that is not
6878-designated as a vote center county under IC 3-11-18.1.
6879-The question shall be placed on the ballot in the form prescribed by
6880-IC 3-10-9-4 and must state "Shall the town of ________ dissolve?".
6881-(d) If the public question is approved by a majority of the voters
6882-voting on the question, the county election board shall file a copy of the
6883-certification prepared under IC 3-12-4-9 concerning the public question
6884-described by this section with the following:
6885-(1) The circuit court clerk of the county.
6886-(2) The office of the secretary of state.
6887-(e) Dissolution occurs:
6888-(1) at least sixty (60) days after certification under IC 3-12-4-9;
6889-and
6890-(2) when the certification is filed under subsection (d).
6891-(f) When a town is dissolved under this section:
6892-(1) the territory included within the town when the ordinance was
6893-adopted becomes a part of the consolidated city;
6894-(2) the books and records of the town become the property of the
6895-county executive;
6896-(3) the property owned by the town after payment of debts and
6897-liabilities shall be disposed of by the county executive; and
6898-(4) the county executive shall deposit any proceeds remaining
6899-after payment of debts and liabilities into the county general fund.
6900-(g) The dissolution of a town under this section does not affect the
6901-validity of a contract to which the town is a party.
6902-SECTION 61. IC 36-5-2-4.2 IS AMENDED TO READ AS
6903-SB 224—LS 7130/DI 144 162
6904-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 4.2. (a) This
6905-section applies to the alteration of the number of members of a
6906-legislative body.
6907-(b) The legislative body may adopt a resolution to submit a public
6908-question on the number of legislative body members to the voters of the
6909-town. The resolution must state the following:
6910-(1) The proposed number of legislative body members, which
6911-must be at least three (3) and not more than seven (7).
6912-(2) The date of the:
6913-(A) general, municipal, or special election at which the public
6914-question will appear on the ballot, if the town is located in a
6915-county that is designated as a vote center county under
6916-IC 3-11-18.1; or
6917-(B) general election or municipal general election at which
6918-the public question will appear on the ballot, if the town is
6919-located in a county that is not designated as a vote center
6920-county under IC 3-11-18.1.
6921-(3) That the following question will be placed on the ballot in the
6922-form provided by IC 3-10-9-4:
6923-"Shall the number of town council members be increased (or
6924-decreased, if applicable) from ___________ (insert the current
6925-number of members provided for) to _________ (insert the
6926-number of members proposed in the resolution)?".
6927-(c) IC 3 applies to an election conducted under subsection (b). If the
6928-county election board will conduct the election at which the public
6929-question will be submitted, the question must be certified to the board
6930-under IC 3-10-9-3.
6931-(d) If a majority of the votes cast on the question under subsection
6932-(b) are in the negative, the legislative body may not adopt a resolution
6933-under subsection (b) for at least one (1) year following the date the
6934-prior resolution was adopted.
6935-(e) If a majority of votes cast on the question under subsection (b)
6936-are in the affirmative, the legislative body shall adopt an ordinance at
6937-its next regular meeting following the election altering the number of
6938-legislative body members to the number specified in the public
6939-question. The legislative body may also alter existing districts and
6940-establish new districts in the manner prescribed by IC 36-5-1-10.1. An
6941-ordinance adopted under this subsection becomes effective January 1
6942-following its adoption.
6943-(f) If the number of legislative body members is increased, the
6944-legislative body shall fill any resulting vacancy under IC 3-13-9-4. The
6945-legislative body may fill the vacancy before the ordinance described in
6946-SB 224—LS 7130/DI 144 163
6947-subsection (e) takes effect. However, a town legislative body member
6948-appointed under this subsection does not assume office until the
6949-beginning of the term specified in section 3 of this chapter.
6950-SECTION 62. IC 36-10-3-35 IS AMENDED TO READ AS
6951-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 35. (a) If the
6952-fiscal body approves the petition and adopts the ordinance presented
6953-under section 34 of this chapter, the ordinance takes effect.
6954-(b) This subsection applies to a county that is not designated as
6955-a vote center county under IC 3-11-18.1. After the adoption of the
6956-ordinance, the fiscal body shall certify the question under IC 3-10-9-3
6957-to the county election board of the county containing the greatest
6958-percentage of population of the municipality and fix a date for a special
6959-an election to be held not later than ninety (90) days after adoption. on
6960-the next date permitted under IC 3-10-9-3. However, if a primary,
6961-general, or municipal election will be conducted in each precinct in the
6962-affected area not later than six (6) months after the ordinance is
6963-adopted, the special election shall be conducted on the same day as the
6964-primary, general, or special election. The election shall be held by the
6965-county election board in the area described in the petition. IC 3-10-8-6
6966-applies to the special election. Any voter residing in the affected area
6967-may vote in the election.
6968-(c) This subsection applies to a county that is designated as a
6969-vote center county under IC 3-11-18.1. After the adoption of the
6970-ordinance, the fiscal body shall certify the question under
6971-IC 3-10-9-3 to the county election board of the county containing
6972-the greatest percentage of population of the municipality and fix a
6973-date for a special election to be held not later than ninety (90) days
6974-after adoption. However, if a primary, general, or municipal
6975-election will be conducted in each precinct in the affected area not
6976-later than six (6) months after the ordinance is adopted, the special
6977-election shall be conducted on the same day as the primary,
6978-general, or municipal election. The election shall be held by the
6979-county election board in the area described in the petition.
6980-IC 3-10-8-6 applies to the special election. Any voter residing in the
6981-affected area may vote in the election.
6982-(c) (d) The county election board shall give public notice of the
6983-special election in accordance with IC 3-10-2-2.
6984-(d) (e) The ballot must be in the form prescribed by IC 3-10-9-4 and
6985-must state "Shall park and recreation services be extended?".
6986-(e) (f) If the a special election is held and is not conducted at a
6987-general election, municipal election, or primary election, the fiscal
6988-body shall appropriate a sum sufficient to defray the cost of the ballots
6989-SB 224—LS 7130/DI 144 164
6990-and to pay the expense of the election as prescribed by IC 3. The
6991-appropriation may be from the general fund or by transfer from the
6992-operating budget of the department.".
6993-Delete pages 79 through 84.
6994-Page 85, delete lines 1 through 24.
6995-Page 86, delete lines 22 through 42, begin a new paragraph and
6996-insert:
6997-"SECTION 65. IC 36-10-4-5, AS AMENDED BY P.L.152-2021,
6998-SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6999-JANUARY 1, 2024]: Sec. 5. (a) In a second class city, the board may
7000-adopt a resolution to extend the boundaries of the district to the county
7001-boundaries unless the county has already established a park district
7002-under IC 36-10-3. The board must file a certified copy of the resolution
7003-with the county auditor and county treasurer. Notice of the adoption of
7004-the resolution shall be given by publication once each week for two (2)
7005-weeks in accordance with IC 5-3-1:
7006-(1) with each publication of notice in a newspaper in accordance
7007-with IC 5-3-1 in the county; or
7008-(2) with the first publication of notice in a newspaper described
7009-in subdivision (1) and the second publication of notice:
7010-(A) in accordance with IC 5-3-5; and
7011-(B) on the official web site website of the county.
7012-(b) Whenever the board has adopted a resolution under subsection
7013-(a), remonstrances may be filed by the affected voters within ninety
7014-(90) days after the last publication under subsection (a). Remonstrances
7015-must be signed in ink by the voter in person and state the address of
7016-each signer and that the signer is a registered voter. A person who signs
7017-a remonstrance when the person is not a registered voter commits a
7018-Level 6 felony. More than one (1) voter may sign the same
7019-remonstrance.
7020-(c) A vote on the public question shall be held on the next date
7021-permitted under IC 3-10-9-3 if at least the number of the registered
7022-voters of the county required under IC 3-8-6-3 to place a candidate on
7023-the ballot file remonstrances under subsection (b) with the county clerk
7024-protesting the extension of the district.
7025-(d) The county clerk shall certify to the county election board in
7026-accordance with IC 3-10-9-3 whether or not the required number of
7027-registered voters of the county have filed remonstrances. If sufficient
7028-remonstrances have been filed, the county election board shall publish
7029-a notice of the election once a week for two (2) consecutive weeks in
7030-accordance with IC 5-3-1-4:
7031-(1) with each publication of notice in a newspaper in accordance
7032-SB 224—LS 7130/DI 144 165
7033-with IC 5-3-1 in the county; or
7034-(2) with the first publication of notice in a newspaper described
7035-in subdivision (1) and the second publication of notice:
7036-(A) in accordance with IC 5-3-5; and
7037-(B) on the official web site website of the county.
7038-The first publication of the notice must be at least thirty (30) days
7039-before the date of the election. The question presented to the voters at
7040-the election shall be placed on the ballot in the form prescribed by
7041-IC 3-10-9-4 and must state "Shall the county park district be
7042-established?". The election is governed by IC 3 whenever not in
7043-conflict with this chapter. The county election board shall make a
7044-return of the votes cast at the referendum. election.
7045-(e) If a majority of the votes cast are against the extension of the
7046-district, the district is not extended. If sufficient remonstrances are not
7047-filed or if a majority of the votes cast support the extension of the
7048-district, the district is extended.
7049-(f) The extension of the district is effective on January 1 of the year
7050-following the adoption of the resolution or, if an election is held, on
7051-January 1 of the year following the date of the election.
7052-(g) A municipality that becomes part of a district by reason of the
7053-extension of the district under this section may continue to establish,
7054-maintain, and operate parks and other recreational facilities under any
7055-other law. The parks and other recreational facilities shall be operated
7056-by the municipality separate from the parks and other recreational
7057-facilities under the jurisdiction of the board in the same manner as they
7058-would be operated by the municipality if it was not within the district.
7059-(h) The operation of separate parks or recreational facilities by a
7060-municipality does not affect the obligation of property owners within
7061-the municipality to pay all taxes imposed on property within the
7062-district.
7063-(i) The legislative body of a municipality may elect that the separate
7064-parks or other recreational facilities of the municipality be maintained
7065-or operated as a part of the district by adopting a resolution or an
7066-ordinance to that effect. The separate park or other recreational facility
7067-comes under the jurisdiction of the board at the time specified in the
7068-resolution or ordinance.
7069-SECTION 66. IC 36-12-7-7, AS AMENDED BY P.L.233-2015,
7070-SECTION 348, IS AMENDED TO READ AS FOLLOWS
7071-[EFFECTIVE JANUARY 1, 2024]: Sec. 7. (a) The library board of a
7072-library established as an 1899 township library consists of the school
7073-township trustee in the township where the library is located and two
7074-(2) residents of the township who are appointed by the board of
7075-SB 224—LS 7130/DI 144 166
7076-commissioners of the county where the library is located.
7077-Appointments are for a term of four (4) years. Members of the library
7078-board serve without compensation.
7079-(b) The library board:
7080-(1) shall control the purchase of books and the management of the
7081-library;
7082-(2) shall possess and retain custody of any books remaining in the
7083-old township library in the township where the library is located;
7084-(3) may receive donations, bequests, and legacies on behalf of the
7085-library; and
7086-(4) may receive copies of all documents of the state available for
7087-distribution from the director of the state library.
7088-(c) The 1899 township library is the property of the township. The
7089-township trustee is responsible for the safe preservation of the township
7090-library.
7091-(d) Two (2) or more adjacent townships may unite to maintain a
7092-township library. The library is controlled by either:
7093-(1) a combined library board, which consists of each of the
7094-uniting township boards appointed under subsection (a); or
7095-(2) the one (1) township library board appointed under subsection
7096-(a) of the uniting townships that receives funding for the
7097-operation of the uniting township library.
7098-(e) The legislative body of any township that contains a library
7099-established as an 1899 township library may levy a tax annually of not
7100-more than three and thirty-three hundredths cents ($0.0333) on each
7101-one hundred dollars ($100) of taxable property assessed for taxation in
7102-the township. If the legislative body does not levy the tax, a petition
7103-signed by at least the number of registered voters required under
7104-IC 3-8-6-3 to place a candidate on the ballot may be filed with the
7105-circuit court clerk, who:
7106-(1) shall determine if an adequate number of voters have signed
7107-the petition; and
7108-(2) if an adequate number of voters have signed the petition, shall
7109-certify the public question to the county election board under
7110-IC 3-10-9-3. The county election board shall then cause to be
7111-printed on the ballot for the township at the next election
7112-permitted under IC 3-10-9-3 the following question in the form
7113-prescribed by IC 3-10-9-4: "Shall a township library tax be
7114-levied?".
7115-If a majority of the votes cast on the question in subdivision (2) are in
7116-the affirmative, the township trustee shall annually levy a tax of not less
7117-than one and sixty-seven hundredths cents ($0.0167) and not more than
7118-SB 224—LS 7130/DI 144 167
7119-three and thirty-three hundredths cents ($0.0333) on each one hundred
7120-dollars ($100) of taxable property in the township for the establishment
7121-and support of a township library. The township tax shall be levied,
7122-assessed, collected, and paid according to the procedure outlined in
7123-IC 6-1.1.
7124-(f) The tax levy under subsection (e) shall be discontinued when the
7125-question of discontinuing the levy has been submitted to a vote
7126-according to the procedure provided in subsection (e) and the majority
7127-of the votes cast on the question is in the negative.
7128-(g) If a public library that is open for the use of all the residents of
7129-the township is located in the township, the proceeds of the tax
7130-collected under subsection (e) shall be paid to that public library.
7131-(h) In a township outside a city that contains a library:
7132-(1) established by private donations of the value of at least ten
7133-thousand dollars ($10,000), including the real estate and buildings
7134-used for the library; and
7135-(2) used for the benefit of all the inhabitants of the township;
7136-the township trustee of the township shall annually levy and collect not
7137-more than two cents ($0.02) on each one hundred dollars ($100) upon
7138-the taxable property within the limits of the township. The money shall
7139-be paid to the trustees of the library, to be applied by the trustees for
7140-the purchase of books and the payment of the maintenance costs for the
7141-library. When it becomes necessary to purchase additional ground for
7142-the extension or protection of library buildings already established by
7143-private donation, the trustee, with the consent of the county legislative
7144-body, may annually levy and collect not more than one and sixty-seven
7145-hundredths cents ($0.0167) on each one hundred dollars ($100) of
7146-taxable property of the township for not more than three (3) years
7147-successively, to be expended by the trustees for the purchase of
7148-property and the construction and enlargement of library buildings.
7149-(i) The 1899 township library is free to all the residents of the
7150-township.".
7151-Delete pages 87 through 90.
7152-Renumber all SECTIONS consecutively.
7153-(Reference is to SB 224 as printed February 15, 2023.)
7154-WALKER G
7155-SB 224—LS 7130/DI 144 168
7156-SENATE MOTION
7157-Madam President: I move that Senate Bill 224 be amended to read
7158-as follows:
7159-Page 10, delete lines 3 through 42, begin a new paragraph and
7160-insert:
7161-"SECTION 15. IC 3-11-3-11, AS AMENDED BY P.L.193-2021,
7162-SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7163-JULY 1, 2023]: Sec. 11. (a) Except as provided in subsection (b), the
7164-county election board shall deliver the following to each inspector or
7165-the inspector's representative:
7166-(1) The supplies provided for the inspector's precinct by the
7167-election division.
7168-(2) The sample ballots, the ballot labels, if any, and all poll lists,
7169-registration lists, and other supplies considered necessary to
7170-conduct the election in the inspector's precinct.
7171-(3) The ballots printed under the direction of the county election
7172-board as follows:
7173-(A) In those precincts where ballot card voting systems are to
7174-be used, the number of ballots at least equal to one hundred
7175-percent (100%) of the number of voters in the inspector's
7176-precinct, according to the poll list.
7177-(B) In those precincts where electronic voting systems are to
7178-be used, the number of ballots that will be required to be
7179-printed and furnished to the precincts for emergency purposes
7180-only.
7181-(C) Provisional ballots in the number considered necessary by
7182-the county election board.
7183-(4) Twenty (20) ink pens suitable for printing the names of
7184-write-in candidates on the ballot or ballot envelope.
7185-(5) Copies of the voter's bill of rights for posting as required by 52
7186-U.S.C. 21082.
7187-(6) Copies of the instructions for a provisional voter required by
7188-52 U.S.C. 21082 and IC 3-11.7-2-2. The county election board
7189-shall provide at least the number of copies of the instructions as
7190-the number of provisional ballots provided under subdivision (3).
7191-(7) Copies of the notice for posting as required by IC 3-7-29-1(f).
7192-(8) The blank voter registration applications required to be
7193-provided under IC 3-7-48-7(b).
7194-(9) A sample ballot or an electronic form of the sample ballot,
7195-if required under IC 3-11-11-1.7, IC 3-11-13-9, or
7196-IC 3-11-14-7.
7197-SB 224—LS 7130/DI 144 169
7198-(b) This subsection applies to a county that:
7199-(1) has adopted an order under IC 3-7-29-6(a)(1); or
7200-(2) is a vote center county under IC 3-11-18.1.
7201-The county election board shall deliver and install the hardware,
7202-firmware, and software necessary to use an electronic poll book in each
7203-precinct or vote center.
7204-SECTION 16. IC 3-11-3-25, AS AMENDED BY P.L.128-2015,
7205-SECTION 155, IS AMENDED TO READ AS FOLLOWS
7206-[EFFECTIVE JULY 1, 2023]: Sec. 25. (a) This subsection applies
7207-when the county election board provides a precinct with a printed
7208-sample ballot under section 11 of this chapter. As required by 52
7209-U.S.C. 21082, the inspector of each precinct shall post the samples of
7210-each of the state and local ballots provided by the county election board
7211-under this article in and about the polls. The sample ballots shall be
7212-printed on different paper than the genuine ballots.
7213-(b) An electronic device that is not an electronic poll book may
7214-be used at a precinct or vote center to display a sample ballot. For
7215-purposes of certification of voting systems under this article, an
7216-electronic device, the only function of which is the display of
7217-sample ballots, is not considered to be a voting system or part of a
7218-voting system.
7219-(c) This subsection applies when the county election board
7220-provides a precinct with an electronic form of the sample ballot
7221-under section 11 of this chapter. The inspector of the precinct, or
7222-a person under the direction of the inspector, shall post a notice in
7223-and about the polls that the sample ballot for the precinct is
7224-available for review on an electronic device. The sample ballot
7225-must be made available for public inspection throughout election
7226-day.
7227-(d) This subsection applies to a county using vote centers when
7228-the county election board provides the vote center with an
7229-electronic form of the sample ballot under section 11 of this
7230-chapter. The inspector of the vote center, or a person under the
7231-direction of the inspector, shall post a notice in and about the polls
7232-that the sample ballots for each precinct in the county are available
7233-for review on an electronic device. The sample ballots must be
7234-made available for public inspection throughout election day.".
7235-Page 11, delete lines 1 through 17.
7236-Page 13, delete lines 4 through 42, begin a new paragraph and
7237-insert:
7238-"SECTION 18. IC 3-11-11-1.3 IS ADDED TO THE INDIANA
7239-CODE AS A NEW SECTION TO READ AS FOLLOWS
7240-SB 224—LS 7130/DI 144 170
7241-[EFFECTIVE JULY 1, 2023]: Sec. 1.3. For purposes of this chapter,
7242-an electronic device that is not an electronic poll book may be used
7243-at a precinct or vote center to display a sample ballot. For purposes
7244-of certification of voting systems under this article, an electronic
7245-device, the only function of which is the display of sample ballots,
7246-is not considered to be a voting system or part of a voting system.
7247-SECTION 19. IC 3-11-11-1.7, AS AMENDED BY THE
7248-TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
7249-ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7250-JULY 1, 2023]: Sec. 1.7. (a) Each county election board shall provide
7251-an adequate number of sample ballots for each precinct of the county.
7252-The county election board shall arrange the sample ballots in the form
7253-of a diagram showing:
7254-(1) the political party and independent tickets;
7255-(2) the offices to be filled;
7256-(3) the names of the candidates; and
7257-(4) the public questions;
7258-in the same order in which they will occur on the official ballots printed
7259-under the jurisdiction of the election division and the county election
7260-board. However, if presidential electors are to be voted for at an
7261-election, then the ballot of each party or independent ticket must be in
7262-the form prescribed by IC 3-10-4-1.
7263-(b) Each county election board shall provide either or both of
7264-the following for each precinct in the county:
7265-(1) An adequate number of sample ballots.
7266-(2) An electronic form of the sample ballot arranged under
7267-subsection (a), if the county election board requires display of
7268-sample ballots using an electronic device under section 1.3 of
7269-this chapter.
7270-(b) (c) This subsection applies to a county having a population of
7271-more than four hundred thousand (400,000) but and less than seven
7272-hundred thousand (700,000). At least ten (10) days before an election,
7273-each county election board shall duplicate, distribute, and cause to be
7274-posted copies of official sample ballots:
7275-(1) received from the election division; and
7276-(2) prepared by the county election board;
7277-to schools, fire stations, county courthouses, and other public buildings
7278-in the county.
7279-SECTION 20. IC 3-11-11-1.9, AS AMENDED BY P.L.278-2019,
7280-SECTION 101, IS AMENDED TO READ AS FOLLOWS
7281-[EFFECTIVE JULY 1, 2023]: Sec. 1.9. (a) Before the opening of the
7282-polls, the precinct election board shall compare the ballots with the
7283-SB 224—LS 7130/DI 144 171
7284-sample ballots and determine whether the names, numbers, and letters
7285-are in agreement. The board then shall certify that the ballots and the
7286-sample ballots are in agreement. Forms shall be provided for
7287-certification, and the certification shall be filed with the election
7288-returns.
7289-(b) This subsection applies when the county election board
7290-provides a precinct with a printed sample ballot under section 1.7
7291-of this chapter. The inspector of each precinct, or a person under the
7292-direction of the inspector, shall post sample ballots near the entrance
7293-of the chute for the precinct. The ballots must be available for public
7294-inspection throughout election day.
7295-(c) This subsection applies when the county election board
7296-provides a precinct with an electronic form of the sample ballot
7297-under section 1.7 of this chapter. The inspector of the precinct, or
7298-a person under the direction of the inspector, shall post a notice
7299-near the entrance of the chute for the precinct that the sample
7300-ballot for the precinct is available for review on an electronic
7301-device. The sample ballot must be made available for public
7302-inspection throughout election day.
7303-(c) (d) This subsection applies to a county using vote centers. Not
7304-later than the first date that a voter may cast a ballot at a vote center,
7305-the county election board shall do both of the following:
7306-(1) Make the comparison between the sample ballots, regular
7307-official ballots, and provisional ballots described in subsection
7308-(a).
7309-(2) Certify that the ballots are in agreement.
7310-A copy of the certification shall be entered into the minutes of the
7311-county election board.
7312-(d) (e) This subsection applies to a county using vote centers. The
7313-county election board shall do both of the following:
7314-(1) Have copies of each sample ballot for each precinct available
7315-for inspection by a voter at each vote center.
7316-(2) Post a notice in the vote center stating that sample ballots are
7317-available for inspection upon request by the voter.
7318-(f) This subsection applies to a county using vote centers when
7319-the county election board provides the vote center with an
7320-electronic form of the sample ballot under section 1.7 of this
7321-chapter. The inspector of the vote center, or a person under the
7322-direction of the inspector, shall post a notice near the entrance of
7323-the chute for the vote center that the sample ballots for each
7324-precinct in the county are available for review on an electronic
7325-device. The sample ballots must be made available for public
7326-SB 224—LS 7130/DI 144 172
7327-inspection throughout election day.
7328-SECTION 21. IC 3-11-11-2, AS AMENDED BY P.L.221-2005,
7329-SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7330-JULY 1, 2023]: Sec. 2. (a) On the morning of election day, the precinct
7331-election officers shall meet at the polls at least one (1) hour before the
7332-time for opening the polls. The inspector then shall have:
7333-(1) the boundaries of the chute designated;
7334-(2) the sample ballots and instruction cards and either the:
7335-(A) sample ballots; or
7336-(B) notice under section 1.9(c) or 1.9(f) of this chapter;
7337-posted; and
7338-(3) everything put in readiness for the commencement of voting
7339-at the opening of the polls.
7340-(b) At the opening of the polls, the inspector and judges shall see
7341-that there are no ballots in the ballot box before the voting begins. After
7342-the inspection of the box, the inspector shall:
7343-(1) securely lock the box;
7344-(2) give one (1) key to the judge of the opposite political party;
7345-and
7346-(3) retain one (1) key.
7347-(c) Once securely locked, the ballot box may not be opened again
7348-until after the polls have been closed and the precinct election board is
7349-ready to immediately proceed with the counting, except as otherwise
7350-provided for central counting.
7351-(d) The voting booths or compartments must be of a size and design
7352-to permit a voter to mark ballots in secret.".
7353-Page 14, delete lines 1 through 2.
7354-Page 15, delete lines 14 through 42, begin a new paragraph and
7355-insert:
7356-"SECTION 23. IC 3-11-13-9, AS AMENDED BY P.L.190-2011,
7357-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7358-JULY 1, 2023]: Sec. 9. (a) The public officials charged with the duty
7359-of providing ballot cards or ballot labels shall also provide either or
7360-both of the following:
7361-(1) Sample ballots.
7362-(2) An electronic form of the sample ballot arranged under
7363-subsection (b), if the county election board requires display of
7364-sample ballots using an electronic device under section 10.5 of
7365-this chapter.
7366-(b) A sample ballot must be:
7367-(1) a copy of the official ballot cards or ballot labels;
7368-(2) arranged in the form of a diagram showing the front of the
7369-SB 224—LS 7130/DI 144 173
7370-marking device as it will appear at the election; and
7371-(3) altered so marks on the sample ballot cannot be counted as
7372-votes.
7373-SECTION 24. IC 3-11-13-10 IS AMENDED TO READ AS
7374-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This subsection
7375-applies when the county election board provides a precinct with a
7376-printed sample ballot under section 9 of this chapter. The
7377-appropriate precinct election officers shall post sample ballots near the
7378-entrance to the polls on election day and see that they are available to
7379-public inspection throughout the day.
7380-(b) This subsection applies when the county election board
7381-provides a precinct with an electronic form of the sample ballot
7382-under section 9 of this chapter. The inspector of the precinct, or a
7383-person under the direction of the inspector, shall post a notice near
7384-the entrance of the chute for the precinct that the sample ballot for
7385-the precinct is available for review on an electronic device. The
7386-sample ballot must be made available for public inspection
7387-throughout election day.
7388-(c) This subsection applies to a county using vote centers when
7389-the county election board provides the vote center with an
7390-electronic form of the sample ballot under section 9 of this chapter.
7391-The inspector of the vote center, or a person under the direction of
7392-the inspector, shall post a notice near the entrance of the chute for
7393-the vote center that the sample ballots for each precinct in the
7394-county are available for review on an electronic device. The sample
7395-ballots must be made available for public inspection throughout
7396-election day.
7397-SECTION 25. IC 3-11-13-10.5 IS ADDED TO THE INDIANA
7398-CODE AS A NEW SECTION TO READ AS FOLLOWS
7399-[EFFECTIVE JULY 1, 2023]: Sec. 10.5. For purposes of this
7400-chapter, an electronic device that is not an electronic poll book may
7401-be used at a precinct or vote center to display a sample ballot. For
7402-purposes of certification of voting systems under this article, an
7403-electronic device, the only function of which is the display of
7404-sample ballots, is not considered to be a voting system or part of a
7405-voting system.
7406-SECTION 26. IC 3-11-13-27, AS AMENDED BY P.L.278-2019,
7407-SECTION 107, IS AMENDED TO READ AS FOLLOWS
7408-[EFFECTIVE JULY 1, 2023]: Sec. 27. (a) After the delivery of a ballot
7409-card voting system to a precinct, the precinct election board may meet
7410-at the polls on the same day and open the package containing the
7411-sample ballot cards, to determine whether the system is ready for use
7412-SB 224—LS 7130/DI 144 174
7413-in accordance with section 16 of this chapter. If a ballot card voting
7414-system is not in compliance with that section, the board shall
7415-immediately label, set and adjust, and place the system in order or have
7416-it done.
7417-(b) While acting under subsection (a), the precinct election board
7418-may restrict access to parts of the room where marking devices and
7419-other election material are being handled to safeguard this material.
7420-(c) On the morning of election day, the precinct election officers
7421-shall meet at the polls at least one (1) hour before the time for opening
7422-the polls. The inspector then shall have:
7423-(1) the boundaries of the chute designated;
7424-(2) the sample ballots and instruction cards and either the:
7425-(A) sample ballots; or
7426-(B) notice under section 10(b) or 10(c) of this chapter;
7427-posted; and
7428-(3) everything put in readiness for the commencement of voting
7429-at the opening of the polls.
7430-(d) Before the opening of the polls, the precinct election officers
7431-shall do the following:
7432-(1) Compare the ballot cards used in the marking device with the
7433-sample ballots furnished and determine whether the names,
7434-numbers, and letters are in agreement.
7435-(2) Determine that the system records that zero (0) votes have
7436-been cast for each candidate and on each public question.
7437-(3) Assure that the system is otherwise in perfect order.
7438-(e) The officers then shall certify that:
7439-(1) the marking device and the sample ballots are in agreement;
7440-(2) the system records zero (0) votes cast; and
7441-(3) the system appears to be in perfect order.
7442-Forms shall be provided for certification, and the certification shall be
7443-filed with the election returns.
7444-(f) This subsection applies to a county using vote centers. Not later
7445-than the first date that a voter may cast a ballot at a vote center, the
7446-county election board shall do both of the following:
7447-(1) Make the comparison between the sample ballots, regular
7448-official ballots, and provisional ballots as provided in subsection
7449-(d).
7450-(2) Certify that the ballots are in agreement.
7451-A copy of the certification shall be entered into the minutes of the
7452-county election board.
7453-(g) This subsection applies to a county using vote centers. The
7454-county election board shall do both of the following:
7455-SB 224—LS 7130/DI 144 175
7456-(1) Have copies of each sample ballot for each precinct available
7457-for inspection by a voter at each vote center.
7458-(2) Post a notice in the vote center stating that sample ballots are
7459-available for inspection upon request by the voter.
7460-SECTION 27. IC 3-11-14-7, AS AMENDED BY P.L.194-2013,
7461-SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7462-JULY 1, 2023]: Sec. 7. (a) Each county election board shall provide the
7463-number of sample ballots the county election board considers adequate
7464-for each precinct of the county. The county election board shall arrange
7465-the sample ballots in the form of a diagram showing the entire front of
7466-an electronic voting system as it will appear on the official ballots
7467-printed under the jurisdiction of the county election board. However,
7468-if presidential electors are to be voted for at an election, then the ballot
7469-label of each political party or independent ticket must be in the form
7470-prescribed by IC 3-10-4-1.
7471-(b) Each county election board shall provide either or both of
7472-the following for each precinct of the county:
7473- (1) The number of sample ballots the county election board
7474-considers adequate for each precinct.
7475-(2) An electronic form of the sample ballot arranged under
7476-subsection (a), if the county election board requires display of
7477-sample ballots using an electronic device under section 18.5 of
7478-this chapter.
7479-SECTION 28. IC 3-11-14-18 IS AMENDED TO READ AS
7480-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) This subsection
7481-applies when the county election board provides a precinct with a
7482-printed sample ballot under section 7 of this chapter. The inspector
7483-of each precinct, or a person under the direction of the inspector, shall
7484-post sample ballots near the entrance of the chute for the precinct. The
7485-ballots must be available for public inspection throughout election day.
7486-(b) This subsection applies when the county election board
7487-provides a precinct with an electronic form of the sample ballot
7488-under section 7 of this chapter. The inspector of the precinct, or a
7489-person under the direction of the inspector, shall post a notice near
7490-the entrance of the chute for the precinct that the sample ballot for
7491-the precinct is available for review on an electronic device. The
7492-sample ballot must be made available for public inspection
7493-throughout election day.
7494-(c) This subsection applies to a county using vote centers when
7495-the county election board provides the vote center with an
7496-electronic form of the sample ballot under section 7 of this chapter.
7497-The inspector of the vote center, or a person under the direction of
7498-SB 224—LS 7130/DI 144 176
7499-the inspector, shall post a notice near the entrance of the chute for
7500-the vote center that the sample ballots for each precinct in the
7501-county are available for review on an electronic device. The sample
7502-ballots must be made available for public inspection throughout
7503-election day.
7504-SECTION 29. IC 3-11-14-18.5 IS ADDED TO THE INDIANA
7505-CODE AS A NEW SECTION TO READ AS FOLLOWS
7506-[EFFECTIVE JULY 1, 2023]: Sec. 18.5. For purposes of this
7507-chapter, an electronic device that is not an electronic poll book may
7508-be used at a precinct or vote center to display a sample ballot. For
7509-purposes of certification of voting systems under this article, an
7510-electronic device, the only function of which is the display of
7511-sample ballots, is not considered to be a voting system or part of a
7512-voting system.
7513-SECTION 30. IC 3-11-15-59, AS AMENDED BY P.L.193-2021,
7514-SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7515-JULY 1, 2023]: Sec. 59. (a) Whenever a county wishes to dispose of a
7516-voting system unit or an electronic poll book unit, the county election
7517-board must first file a plan with the election division. The plan must
7518-state all of the following:
7519-(1) The serial number of each unit to be disposed of by the
7520-county.
7521-(2) The method to be used for disposal of the equipment,
7522-including sale, transfer, or destruction of the equipment and the
7523-details about how the equipment will be disposed of. For
7524-purposes of this subdivision, a disposal method of an
7525-electronic poll book unit may include the deletion of any
7526-electronic poll book software on the unit and the repurposing
7527-of the unit as an electronic device to display an electronic
7528-form of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3,
7529-IC 3-11-13-10.5, and IC 3-11-14-18.5.
7530-(3) That the disposal will occur in compliance with federal and
7531-state laws requiring the retention of election materials until the
7532-expiration of the period specified by those laws.
7533-(4) The details regarding the person that will dispose of the
7534-equipment.
7535-(b) If the election division approves the proposed plan, the election
7536-division shall notify:
7537-(1) the county election board, which may then dispose of the
7538-equipment; and
7539-(2) the voting system technical oversight program (VSTOP)
7540-(established by IC 3-11-16-2).
7541-SB 224—LS 7130/DI 144 177
7542-(c) A county may not dispose of a voting system unit or an
7543-electronic poll book unit by selling, transferring, or otherwise
7544-surrendering ownership to a person to which a voting system vendor is
7545-prohibited to sell, lease, or transfer possession of a voting system under
7546-section 60 of this chapter, except to the vendor from whom the county
7547-acquired the voting system unit or electronic poll book.
7548-(d) A plan filed with the election division under this section is
7549-confidential.".
7550-Page 16, delete lines 1 through 23.
7551-Page 16, delete lines 35 through 42, begin a new paragraph and
7552-insert:
7553-"SECTION 32. IC 3-14-2-19, AS AMENDED BY P.L.158-2013,
7554-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7555-JULY 1, 2023]: Sec. 19. (a) A person who knowingly:
7556-(1) forges or falsely makes the official endorsement of a ballot; or
7557-(2) prints or circulates an imitation ballot;
7558-commits a Level 6 felony.
7559-(b) This section does not prohibit the:
7560-(1) printing or circulation of a sample ballot or a reproduction of
7561-an official ballot if the sample or reproduction complies with
7562-IC 3-9-3-2.5 and the printing or circulation does not violate
7563-IC 3-14-1-2; or
7564-(2) displaying of a sample ballot under IC 3-11-3-25,
7565-IC 3-11-11-1.3, IC 3-11-13-10.5, or IC 3-11-14-18.5.".
7566-Page 17, delete lines 1 through 5.
7567-Renumber all SECTIONS consecutively.
7568-(Reference is to SB 224 as printed February 15, 2023.)
7569-FORD J.D.
75704788 SB 224—LS 7130/DI 144