IN
Indiana House Bill HB1376

Indiana 2024 Regular Session

Indiana House Bill HB1376 Compare Versions

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1-*HB1376.2*
2-Reprinted
3-February 1, 2024
1+*HB1376.1*
2+January 18, 2024
43 HOUSE BILL No. 1376
54 _____
6-DIGEST OF HB 1376 (Updated January 31, 2024 11:56 am - DI 144)
7-Citations Affected: IC 3-10; IC 6-1.1.
8-Synopsis: School controlled project referendum. Provides that a local
9-public question authorizing a school corporation to impose property
10-taxes to pay debt service on bonds or lease rentals on a lease for a
11-specified controlled project may be placed on the ballot only at a
12-general election or municipal general election.
5+DIGEST OF HB 1376 (Updated January 17, 2024 9:32 am - DI 140)
6+Citations Affected: IC 3-10; IC 20-23; IC 20-26; IC 20-46.
7+Synopsis: Election day for school referenda. Provides that a local
8+public question concerning certain education matters, including a
9+school referendum tax levy and school safety referendum tax levy, may
10+be placed on the ballot only at a general election or municipal general
11+election.
1312 Effective: July 1, 2024.
1413 Behning, Teshka, McGuire
1514 January 10, 2024, read first time and referred to Committee on Elections and
1615 Apportionment.
1716 January 18, 2024, reported — Do Pass.
18-January 22, 2024, read second time, ordered engrossed. Engrossed.
19-January 29, 2024, returned to second reading.
20-January 31, 2024, re-read second time, amended, ordered engrossed.
21-HB 1376—LS 6949/DI 144 Reprinted
22-February 1, 2024
17+HB 1376—LS 6949/DI 144 January 18, 2024
2318 Second Regular Session of the 123rd General Assembly (2024)
2419 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2520 Constitution) is being amended, the text of the existing provision will appear in this style type,
2621 additions will appear in this style type, and deletions will appear in this style type.
2722 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2823 provision adopted), the text of the new provision will appear in this style type. Also, the
2924 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3025 a new provision to the Indiana Code or the Indiana Constitution.
3126 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3227 between statutes enacted by the 2023 Regular Session of the General Assembly.
3328 HOUSE BILL No. 1376
3429 A BILL FOR AN ACT to amend the Indiana Code concerning
3530 elections.
3631 Be it enacted by the General Assembly of the State of Indiana:
3732 1 SECTION 1. IC 3-10-9-3, AS AMENDED BY P.L.225-2011,
3833 2 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3934 3 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), if a
4035 4 local public question must be certified to an election board by law, that
4136 5 certification must occur no later than noon:
4237 6 (1) seventy-four (74) days before a primary election if the public
4338 7 question is to be placed on the primary or municipal primary
4439 8 election ballot; or
4540 9 (2) August 1 if the public question is to be placed on the general
4641 10 or municipal election ballot.
47-11 (b) A local public question described in IC 6-1.1-20-3.6(f) may
48-12 be placed on the ballot only at the following elections:
42+11 (b) A referendum or local public question under IC 20 may be
43+12 placed on the ballot only at the following elections:
4944 13 (1) A general election.
5045 14 (2) A municipal general election, but only if the election
5146 15 district for the public question is contained entirely within a
5247 16 municipality.
5348 17 Certification of a local public question under this subsection must
5449 HB 1376—LS 6949/DI 144 2
5550 1 occur not later than noon August 1.
56-2 SECTION 2. IC 6-1.1-20-3.6, AS AMENDED BY P.L.239-2023,
57-3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
58-4 JULY 1, 2024]: Sec. 3.6. (a) Except as provided in sections 3.7 and 3.8
59-5 of this chapter, this section applies only to a controlled project
60-6 described in section 3.5(a) of this chapter.
61-7 (b) In the case of a controlled project:
62-8 (1) described in section 3.5(a)(1)(A) through 3.5(a)(1)(C) of this
63-9 chapter, if a sufficient petition requesting the application of the
64-10 local public question process has been filed as set forth in section
65-11 3.5 of this chapter; or
66-12 (2) described in section 3.5(a)(1)(D) of this chapter (before its
67-13 expiration);
68-14 a political subdivision may not impose property taxes to pay debt
69-15 service on bonds or lease rentals on a lease for a controlled project
70-16 unless the political subdivision's proposed debt service or lease rental
71-17 is approved in an election on a local public question held under this
72-18 section.
73-19 (c) Except as provided in subsection (k), (l), the following question
74-20 shall be submitted to the eligible voters at the election conducted under
75-21 this section:
76-22 "Shall ________ (insert the name of the political subdivision)
77-23 increase property taxes paid to the _______ (insert the type of
78-24 taxing unit) by homeowners and businesses? If this public
79-25 question is approved by the voters, the average property tax paid
80-26 to the _______ (insert the type of taxing unit) per year on a
81-27 residence would increase by ______% (insert the estimated
82-28 average percentage of property tax increase paid to the political
83-29 subdivision on a residence within the political subdivision as
84-30 determined under subsection (n)) (o)) and the average property
85-31 tax paid to the _____ (insert the type of taxing unit) per year on
86-32 a business property would increase by ______% (insert the
87-33 estimated average percentage of property tax increase paid to the
88-34 political subdivision on a business property within the political
89-35 subdivision as determined under subsection (o)). (p)). The
90-36 political subdivision may issue bonds or enter into a lease to
91-37 ________ (insert a brief description of the controlled project),
92-38 which is estimated to cost _______ (insert the total cost of the
93-39 project) over ______ (insert number of years to bond maturity or
94-40 termination of lease) years. The most recent property tax
95-41 referendum within the boundaries of the political subdivision for
96-42 which this public question is being considered was proposed by
51+2 SECTION 2. IC 20-23-4-21, AS AMENDED BY P.L.244-2017,
52+3 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
53+4 JULY 1, 2024]: Sec. 21. (a) If the chairperson of the county committee
54+5 does not receive the certification or combined certifications under
55+6 section 20(f) of this chapter not later than ninety (90) days after the
56+7 receipt by the county committee of the plan referred to in section 20(a)
57+8 of this chapter, the judge of the circuit court of the county from which
58+9 the county committee submitting the plan was appointed shall:
59+10 (1) certify the public question under IC 3-10-9-3; IC 3-10-9-3(b);
60+11 and
61+12 (2) order the county election board to conduct a special election
62+13 in which place the public question on the ballot at the next
63+14 election permitted under IC 3-10-9-3(b) at which registered
64+15 voters residing in the proposed community school corporation
65+16 may vote to determine whether the corporation will be created.
66+17 (b) If:
67+18 (1) a primary election at which county officials are nominated; or
68+19 (2) a general election at which county officials are elected;
69+20 and for which the question can be certified in compliance with
70+21 IC 3-10-9-3 is to be held not later than six (6) months after the receipt
71+22 by the chairperson of the county committee of the plan referred to in
72+23 section 20(a) of this chapter, regardless of whether the ninety (90) day
73+24 period referred to in subsection (a) has expired, the judge shall order
74+25 the county election board to conduct the special election to be held in
75+26 conjunction with the primary or general election.
76+27 (c) If a primary or general election will not be held in the six (6)
77+28 month period referred to in subsection (b), the special election shall be
78+29 held:
79+30 (1) not earlier than sixty (60) days; and
80+31 (2) not later than one hundred twenty (120) days;
81+32 after the expiration of the ninety (90) day period referred to in
82+33 subsection (a).
83+34 (d) (b) The county election board shall give notice under IC 5-3-1
84+35 of the special election a public question referred to in subsection (a).
85+36 (e) (c) The notice referred to in subsection (d) (b) of a special
86+37 election public question must:
87+38 (1) clearly state that the election is called to afford the registered
88+39 voters an opportunity to approve or reject a proposal for the
89+40 formation of a community school corporation;
90+41 (2) contain:
91+42 (A) a general description of the boundaries of the community
9792 HB 1376—LS 6949/DI 144 3
98-1 ________ (insert name of political subdivision) in ______ (insert
99-2 year of most recent property tax referendum) and ________
100-3 (insert whether the measure passed or failed).".
101-4 The public question must appear on the ballot in the form approved by
102-5 the county election board. If the political subdivision proposing to issue
103-6 bonds or enter into a lease is located in more than one (1) county, the
104-7 county election board of each county shall jointly approve the form of
105-8 the public question that will appear on the ballot in each county. The
106-9 form approved by the county election board may differ from the
107-10 language certified to the county election board by the county auditor.
108-11 If the county election board approves the language of a public question
109-12 under this subsection, the county election board shall submit the
110-13 language and the certification of the county auditor described in
111-14 subsection (p) (q) to the department of local government finance for
112-15 review.
113-16 (d) The department of local government finance shall review the
114-17 language of the public question to evaluate whether the description of
115-18 the controlled project is accurate and is not biased against either a vote
116-19 in favor of the controlled project or a vote against the controlled
117-20 project. The department of local government finance shall post the
118-21 estimated average percentage of property tax increases to be paid to a
119-22 political subdivision on a residence and business property that are
120-23 certified by the county auditor under subsection (p) (q) on the
121-24 department's Internet web site. website. The department of local
122-25 government finance may either approve the ballot language as
123-26 submitted or recommend that the ballot language be modified as
124-27 necessary to ensure that the description of the controlled project is
125-28 accurate and is not biased. The department of local government finance
126-29 shall certify its approval or recommendations to the county auditor and
127-30 the county election board not more than ten (10) days after the
128-31 language of the public question is submitted to the department for
129-32 review. If the department of local government finance recommends a
130-33 modification to the ballot language, the county election board shall,
131-34 after reviewing the recommendations of the department of local
132-35 government finance, submit modified ballot language to the department
133-36 for the department's approval or recommendation of any additional
134-37 modifications. The public question may not be certified by the county
135-38 auditor under subsection (e) or (f) unless the department of local
136-39 government finance has first certified the department's final approval
137-40 of the ballot language for the public question.
138-41 (e) This subsection does not apply to a local public question
139-42 described in subsection (f). The county auditor shall certify the finally
93+1 school corporation as set out in the plan;
94+2 (B) a statement of the terms of adjustment of:
95+3 (i) property;
96+4 (ii) assets;
97+5 (iii) debts; and
98+6 (iv) liabilities;
99+7 of an existing school corporation that is to be divided in the
100+8 creation of the community school corporation;
101+9 (C) the name of the community school corporation;
102+10 (D) the number of members comprising the board of school
103+11 trustees; and
104+12 (E) the method of selecting the board of school trustees of the
105+13 community school corporation; and
106+14 (3) designate the date, time, and voting place or places at which
107+15 the election will be held.
108+16 (f) A special (d) An election referred to in at which a public
109+17 question is submitted to the voters under subsection (a) is under the
110+18 direction of the county election board in the county. The election board
111+19 shall take all steps necessary to carry out the special election. If the
112+20 special election is not conducted at a primary or general election, the
113+21 cost of conducting the election is:
114+22 (1) charged to each component school corporation embraced in
115+23 the community school corporation in the same proportion as the
116+24 component school corporation's assessed valuation is to the total
117+25 assessed valuation of the community school corporation; and
118+26 (2) paid:
119+27 (A) from the school corporation's operations fund not
120+28 otherwise appropriated of; and
121+29 (B) without appropriation by;
122+30 each component school corporation.
123+31 If a component school corporation is to be divided and its territory
124+32 assigned to two (2) or more community corporations, the component
125+33 school corporation's cost of the special election is in proportion to the
126+34 corporation's assessed valuation included in the community school
127+35 corporation.
128+36 (g) (e) The county election board shall place the public question on
129+37 the ballot in the form prescribed by IC 3-10-9-4. The public question
130+38 must state "Shall the (here insert name) community school corporation
131+39 be formed as provided in the Reorganization Plan of the County
132+40 Committee for the Reorganization of School Corporations?". Except as
133+41 otherwise provided in this chapter, the election is governed by IC 3.
134+42 (h) (f) If a majority of the votes cast at a special election referred to
140135 HB 1376—LS 6949/DI 144 4
141-1 approved public question under IC 3-10-9-3 IC 3-10-9-3(a) to the
142-2 county election board of each county in which the political subdivision
143-3 is located. The certification must occur not later than noon:
144-4 (1) seventy-four (74) days before a primary election if the public
145-5 question is to be placed on the primary or municipal primary
146-6 election ballot; or
147-7 (2) August 1 if the public question is to be placed on the general
148-8 or municipal election ballot.
149-9 Subject to the certification requirements and deadlines under this
150-10 subsection and except as provided in subsection (j), (k), the public
151-11 question shall be placed on the ballot at the next primary election,
152-12 general election or municipal election in which all voters of the
153-13 political subdivision are entitled to vote. However, if a primary
154-14 election, general election, or municipal election will not be held during
155-15 the first year in which the public question is eligible to be placed on the
156-16 ballot under this section and if the political subdivision requests the
157-17 public question to be placed on the ballot at a special election, the
158-18 public question shall be placed on the ballot at a special election to be
159-19 held on the first Tuesday after the first Monday in May or November
160-20 of the year. The certification must occur not later than noon
161-21 seventy-four (74) days before a special election to be held in May (if
162-22 the special election is to be held in May) or noon on August 1 (if the
163-23 special election is to be held in November). The fiscal body of the
164-24 political subdivision that requests the special election shall pay the
165-25 costs of holding the special election. The county election board shall
166-26 give notice under IC 5-3-1 of a special election conducted under this
167-27 subsection. A special election conducted under this subsection is under
168-28 the direction of the county election board. The county election board
169-29 shall take all steps necessary to carry out the special election.
170-30 (f) This subsection applies to a local public question authorizing
171-31 a school corporation to impose property taxes to pay debt service
172-32 on bonds or lease rentals on a lease for a controlled project
173-33 described in section 3.5(a) of this chapter. The county auditor shall
174-34 certify the finally approved public question under IC 3-10-9-3(b)
175-35 to the county election board of each county in which the political
176-36 subdivision is located. The certification must occur not later than
177-37 noon August 1. Subject to the certification requirements and
178-38 deadlines under this subsection and except as provided in
179-39 subsection (k), the public question shall be placed on the ballot at
180-40 the next election permitted under IC 3-10-9-3(b).
181-41 (g) The circuit court clerk shall certify the results of the public
182-42 question to the following:
136+1 in subsection (a) on the public question are in favor of the formation of
137+2 the corporation, a community school corporation is created and takes
138+3 effect on the earlier of:
139+4 (1) the July 1; or
140+5 (2) the January 1
141+6 that next follows the date of publication of the notice referred to in
142+7 subsection (d). following the election.
143+8 (i) (g) If a public official fails to perform a duty required of the
144+9 official under this section within the time prescribed in this section, the
145+10 omission does not invalidate the proceedings taken under this section.
146+11 (j) (h) An action:
147+12 (1) to contest the validity of the formation or creation of a
148+13 community school corporation under this section;
149+14 (2) to declare that a community school corporation:
150+15 (A) has not been validly formed or created; or
151+16 (B) is not validly existing; or
152+17 (3) to enjoin the operation of a community school corporation;
153+18 may not be instituted later than thirty (30) days after the date of the
154+19 special election referred to in subsection (a).
155+20 SECTION 3. IC 20-23-4-23, AS ADDED BY P.L.1-2005,
156+21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157+22 JULY 1, 2024]: Sec. 23. (a) If a proposal for the formation of a
158+23 community school corporation is rejected by the voters at the special
159+24 election provided for in this chapter, the county committee shall:
160+25 (1) subject to subsection (b), devise a new plan of reorganization
161+26 considered more acceptable to the electors of the territory
162+27 affected; or
163+28 (2) subject to subsection (c), direct the county election board or
164+29 boards to resubmit the same plan rejected by the voters.
165+30 (b) The county committee shall submit a new plan devised under
166+31 subsection (a)(1) to the state board for the state board's approval not
167+32 later than six (6) months after the date of the special election at which
168+33 the proposal was rejected, subject to the same conditions and
169+34 requirements concerning extensions of time and other matters provided
170+35 in this chapter. If the new plan is approved by the state board, the
171+36 procedures of this chapter for the creation of a community school
172+37 corporation must be followed.
173+38 (c) The county committee may direct the county election board or
174+39 boards to resubmit the plan referred to in subsection (a)(2) at a special
175+40 election to be held not later than six (6) months after the special
176+41 election at which the proposal was rejected. If a primary or general
177+42 election for state offices is to be held not later than six (6) months after
183178 HB 1376—LS 6949/DI 144 5
184-1 (1) The county auditor of each county in which the political
185-2 subdivision is located.
186-3 (2) The department of local government finance.
187-4 (g) (h) Subject to the requirements of IC 6-1.1-18.5-8, the political
188-5 subdivision may issue the proposed bonds or enter into the proposed
189-6 lease rental if a majority of the eligible voters voting on the public
190-7 question vote in favor of the public question.
191-8 (h) (i) If a majority of the eligible voters voting on the public
192-9 question vote in opposition to the public question, both of the following
193-10 apply:
194-11 (1) The political subdivision may not issue the proposed bonds or
195-12 enter into the proposed lease rental.
196-13 (2) Another public question under this section on the same or a
197-14 substantially similar project may not be submitted to the voters
198-15 earlier than:
199-16 (A) except as provided in clause (B), seven hundred (700)
200-17 days after the date of the public question; or
201-18 (B) three hundred fifty (350) days after the date of the election,
202-19 if a petition that meets the requirements of subsection (m) (n)
203-20 is submitted to the county auditor.
204-21 (i) (j) IC 3, to the extent not inconsistent with this section, applies
205-22 to an election held under this section.
206-23 (j) (k) A political subdivision may not divide a controlled project in
207-24 order to avoid the requirements of this section and section 3.5 of this
208-25 chapter. A person that owns property within a political subdivision or
209-26 a person that is a registered voter residing within a political subdivision
210-27 may file a petition with the department of local government finance
211-28 objecting that the political subdivision has divided a controlled project
212-29 into two (2) or more capital projects in order to avoid the requirements
213-30 of this section and section 3.5 of this chapter. The petition must be filed
214-31 not more than ten (10) days after the political subdivision gives notice
215-32 of the political subdivision's decision under section 3.5 of this chapter
216-33 or a determination under section 5 of this chapter to issue bonds or
217-34 enter into leases for a capital project that the person believes is the
218-35 result of a division of a controlled project that is prohibited by this
219-36 subsection. If the department of local government finance receives a
220-37 petition under this subsection, the department shall not later than thirty
221-38 (30) days after receiving the petition make a final determination on the
222-39 issue of whether the political subdivision divided a controlled project
223-40 in order to avoid the requirements of this section and section 3.5 of this
224-41 chapter. If the department of local government finance determines that
225-42 a political subdivision divided a controlled project in order to avoid the
179+1 the special election at which the proposal was rejected, the special
180+2 election must be held in conjunction with the primary or general
181+3 election. the next election at which a public question may be placed
182+4 on the ballot under IC 3-10-9-3(b). The judge of the circuit court
183+5 shall give notice by publication of the special election on request of the
184+6 county committee. The special election is held in the same manner
185+7 required for the holding of a special an election under section 21 of this
186+8 chapter. Officials concerned shall take all actions necessary to conduct
187+9 the special election as required under section 21 of this chapter.
188+10 SECTION 4. IC 20-23-6-5, AS AMENDED BY P.L.152-2021,
189+11 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
190+12 JULY 1, 2024]: Sec. 5. (a) If a petition is filed in one (1) or more of the
191+13 school corporations protesting consolidation as provided in this chapter
192+14 by the legal voters of any school corporation the governing body of
193+15 which proposes to consolidate, the governing body in each school
194+16 corporation in which a protest petition is filed shall certify the public
195+17 question to each county election board of the county in which the
196+18 school corporation is located. The county election board shall call an
197+19 election of place a public question on the ballot at the next election
198+20 permitted under IC 3-10-9-3(b) asking the voters of the school
199+21 corporation to determine if a majority of the legal voters of the
200+22 corporation is in favor of consolidating the school corporations.
201+23 (b) If a protest is filed in more than one (1) school corporation, the
202+24 elections shall be held on the same day. Each county election board
203+25 shall give notice by publication once each week for two (2) consecutive
204+26 weeks:
205+27 (1) with each notice by publication in a newspaper of general
206+28 circulation in the school corporation, or, if a newspaper is not
207+29 published in the:
208+30 (A) township;
209+31 (B) town; or
210+32 (C) city;
211+33 the notice shall be published in the nearest newspaper published
212+34 in the county or counties; or
213+35 (2) with the first publication of notice in the newspaper or
214+36 newspapers as provided in subdivision (1) and the second
215+37 publication of notice:
216+38 (A) in accordance with IC 5-3-5; and
217+39 (B) on the official web site website of the school corporation.
218+40 Each notice shall state that on a day and at an hour to be named in the
219+41 notice, the polls will be open at the usual voting places in the various
220+42 precincts in the corporation for taking the vote of the legal a public
226221 HB 1376—LS 6949/DI 144 6
227-1 requirements of this section and section 3.5 of this chapter and the
228-2 political subdivision continues to desire to proceed with the project, the
229-3 political subdivision may appeal the determination of the department
230-4 of local government finance to the Indiana board of tax review. A
231-5 political subdivision shall be considered to have divided a capital
232-6 project in order to avoid the requirements of this section and section
233-7 3.5 of this chapter if the result of one (1) or more of the subprojects
234-8 cannot reasonably be considered an independently desirable end in
235-9 itself without reference to another capital project. This subsection does
236-10 not prohibit a political subdivision from undertaking a series of capital
237-11 projects in which the result of each capital project can reasonably be
238-12 considered an independently desirable end in itself without reference
239-13 to another capital project.
240-14 (k) (l) This subsection applies to a political subdivision for which a
241-15 petition requesting a public question has been submitted under section
242-16 3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
243-17 the political subdivision may adopt a resolution to withdraw a
244-18 controlled project from consideration in a public question. If the
245-19 legislative body provides a certified copy of the resolution to the county
246-20 auditor and the county election board not later than sixty-three (63)
247-21 days before the election at which the public question would be on the
248-22 ballot, the public question on the controlled project shall not be placed
249-23 on the ballot and the public question on the controlled project shall not
250-24 be held, regardless of whether the county auditor has certified the
251-25 public question to the county election board. If the withdrawal of a
252-26 public question under this subsection requires the county election
253-27 board to reprint ballots, the political subdivision withdrawing the
254-28 public question shall pay the costs of reprinting the ballots. If a political
255-29 subdivision withdraws a public question under this subsection that
256-30 would have been held at a special election and the county election
257-31 board has printed the ballots before the legislative body of the political
258-32 subdivision provides a certified copy of the withdrawal resolution to
259-33 the county auditor and the county election board, the political
260-34 subdivision withdrawing the public question shall pay the costs
261-35 incurred by the county in printing the ballots. If a public question on a
262-36 controlled project is withdrawn under this subsection, a public question
263-37 under this section on the same controlled project or a substantially
264-38 similar controlled project may not be submitted to the voters earlier
265-39 than three hundred fifty (350) days after the date the resolution
266-40 withdrawing the public question is adopted.
267-41 (l) (m) If a public question regarding a controlled project is placed
268-42 on the ballot to be voted on at an election under this section, the
222+1 question will be on the ballot asking the voters upon whether the
223+2 school corporation shall be consolidated with the other school
224+3 corporations joining in the resolution.
225+4 (c) The public question shall be placed on the ballot in the form
226+5 provided by IC 3-10-9-4 and must state: "Shall (insert name of school
227+6 corporation) be consolidated with (insert names of other school
228+7 corporations)?".
229+8 (d) Notice shall be given not later than thirty (30) days after the
230+9 petition is filed. The election shall be held not less than ten (10) days
231+10 or more than twenty (20) days after the last publication of the notice.
232+11 before the date of the election.
233+12 (e) The governing body of each school corporation in which an
234+13 election is held is bound by the majority vote of those voting. However,
235+14 if the election falls within a period of not more than six (6) months
236+15 before a primary or general election, the election shall be held
237+16 concurrently with the primary or general election if the public question
238+17 is certified to the county election board not later than the deadline set
239+18 forth in IC 3-10-9-3.
240+19 (f) If a majority of those voting in any one (1) school corporation
241+20 votes against the plan of consolidation, the plan fails. However, the
242+21 failure does not prevent any or all the school corporations from taking
243+22 further initial action for the consolidation of school corporations under
244+23 this chapter.
245+24 SECTION 5. IC 20-23-6-6, AS AMENDED BY P.L.43-2021,
246+25 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
247+26 JULY 1, 2024]: Sec. 6. (a) On the day and hour named in the notice
248+27 filed under section 5 of this chapter, polls shall be opened and the votes
249+28 of the registered voters shall be taken upon the public question of
250+29 consolidating school corporations. The election at which the public
251+30 question is placed on the ballot under section 5 of this chapter shall
252+31 be governed by IC 3, except as provided in this chapter.
253+32 (b) The county election board shall conduct the election. The public
254+33 question shall be placed on the ballot in the form prescribed by
255+34 IC 3-10-9-4 and must state "Shall (here insert the names of the school
256+35 corporations that the resolution proposes to consolidate) be
257+36 consolidated into a consolidated school corporation?".
258+37 (c) A brief statement of the provisions in the resolution for
259+38 appointment or election of a governing body may be placed on the
260+39 ballot in the form prescribed by IC 3-10-9-4. A certificate of the votes
261+40 cast for and against the consolidation of the school corporations shall
262+41 be filed with:
263+42 (1) the governing body of the school corporations subject to the
269264 HB 1376—LS 6949/DI 144 7
270-1 political subdivision shall submit to the department of local
271-2 government finance, at least thirty (30) days before the election, the
272-3 following information regarding the proposed controlled project for
273-4 posting on the department's Internet web site: website:
274-5 (1) The cost per square foot of any buildings being constructed as
275-6 part of the controlled project.
276-7 (2) The effect that approval of the controlled project would have
277-8 on the political subdivision's property tax rate.
278-9 (3) The maximum term of the bonds or lease.
279-10 (4) The maximum principal amount of the bonds or the maximum
280-11 lease rental for the lease.
281-12 (5) The estimated interest rates that will be paid and the total
282-13 interest costs associated with the bonds or lease.
283-14 (6) The purpose of the bonds or lease.
284-15 (7) In the case of a controlled project proposed by a school
285-16 corporation:
286-17 (A) the current and proposed square footage of school building
287-18 space per student;
288-19 (B) enrollment patterns within the school corporation; and
289-20 (C) the age and condition of the current school facilities.
290-21 (m) (n) If a majority of the eligible voters voting on the public
291-22 question vote in opposition to the public question, a petition may be
292-23 submitted to the county auditor to request that the limit under
293-24 subsection (h)(2)(B) (i)(2)(B) apply to the holding of a subsequent
294-25 public question by the political subdivision. If such a petition is
295-26 submitted to the county auditor and is signed by the lesser of:
296-27 (1) five hundred (500) persons who are either owners of property
297-28 within the political subdivision or registered voters residing
298-29 within the political subdivision; or
299-30 (2) five percent (5%) of the registered voters residing within the
300-31 political subdivision;
301-32 the limit under subsection (h)(2)(B) (i)(2)(B) applies to the holding of
302-33 a second public question by the political subdivision and the limit
303-34 under subsection (h)(2)(A) (i)(2)(A) does not apply to the holding of
304-35 a second public question by the political subdivision.
305-36 (n) (o) At the request of a political subdivision that proposes to
306-37 impose property taxes to pay debt service on bonds or lease rentals on
307-38 a lease for a controlled project, the county auditor of a county in which
308-39 the political subdivision is located shall determine the estimated
309-40 average percentage of property tax increase on a homestead to be paid
310-41 to the political subdivision that must be included in the public question
311-42 under subsection (c) as follows:
265+1 election;
266+2 (2) the secretary of education; and
267+3 (3) the county recorder of each county in which a consolidated
268+4 school corporation is located;
269+5 together with a copy of the resolution.
270+6 (d) If a majority of the votes cast at each of the elections is in favor
271+7 of the consolidation of two (2) or more school corporations, the trustees
272+8 of the school corporations shall proceed to consolidate the schools and
273+9 provide the necessary buildings and equipment. In any school
274+10 corporation where a petition was not filed and an election was not held,
275+11 the failure on the part of the voters to file a petition for an election shall
276+12 be considered to give the consent of the voters of the school
277+13 corporation to the consolidation as set out in the resolution.
278+14 (e) If the special election is not conducted at a primary or general
279+15 election, the expense of the election shall be borne by the school
280+16 corporation or each of the school corporations subject to the election
281+17 and shall be paid out of the school corporation's operations fund.
282+18 SECTION 6. IC 20-23-7-2, AS AMENDED BY P.L.244-2017,
283+19 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
284+20 JULY 1, 2024]: Sec. 2. (a) In any county or adjoining counties at least
285+21 two (2) school corporations, including school towns, school cities,
286+22 consolidated school corporations, joint schools, metropolitan school
287+23 districts, township school districts, or community school corporations,
288+24 regardless of whether the consolidating school corporations are of the
289+25 same or of a different character, may consolidate into one (1)
290+26 metropolitan school district. Subject to subsection (h), the
291+27 consolidation must be initiated by following either of the following
292+28 procedures:
293+29 (1) The board of school trustees, board of education, or other
294+30 governing body (the board or other governing body is referred to
295+31 elsewhere in this section as the "governing body") of each school
296+32 corporation to be consolidated shall:
297+33 (A) adopt substantially identical resolutions providing for the
298+34 consolidation; and
299+35 (B) publish a notice setting out the text of the resolution one
300+36 (1) time under IC 5-3-1.
301+37 The resolution must set forth any provision for staggering the
302+38 terms of the board members of the metropolitan school district
303+39 elected under this chapter. If, not more than thirty (30) days after
304+40 publication of the resolution, a petition of protest, signed by at
305+41 least twenty percent (20%) of the registered voters residing in the
306+42 school corporation is filed with the clerk of the circuit court of
312307 HB 1376—LS 6949/DI 144 8
313-1 STEP ONE: Determine the average assessed value of a homestead
314-2 located within the political subdivision.
315-3 STEP TWO: For purposes of determining the net assessed value
316-4 of the average homestead located within the political subdivision,
317-5 subtract:
318-6 (A) an amount for the homestead standard deduction under
319-7 IC 6-1.1-12-37 as if the homestead described in STEP ONE
320-8 was eligible for the deduction; and
321-9 (B) an amount for the supplemental homestead deduction
322-10 under IC 6-1.1-12-37.5 as if the homestead described in STEP
323-11 ONE was eligible for the deduction;
324-12 from the result of STEP ONE.
325-13 STEP THREE: Divide the result of STEP TWO by one hundred
326-14 (100).
327-15 STEP FOUR: Determine the overall average tax rate per one
328-16 hundred dollars ($100) of assessed valuation for the current year
329-17 imposed on property located within the political subdivision.
330-18 STEP FIVE: For purposes of determining net property tax liability
331-19 of the average homestead located within the political subdivision:
332-20 (A) multiply the result of STEP THREE by the result of STEP
333-21 FOUR; and
334-22 (B) as appropriate, apply any currently applicable county
335-23 property tax credit rates and the credit for excessive property
336-24 taxes under IC 6-1.1-20.6-7.5(a)(1).
337-25 STEP SIX: Determine the amount of the political subdivision's
338-26 part of the result determined in STEP FIVE.
339-27 STEP SEVEN: Determine the estimated tax rate that will be
340-28 imposed if the public question is approved by the voters.
341-29 STEP EIGHT: Multiply the result of STEP SEVEN by the result
342-30 of STEP THREE.
343-31 STEP NINE: Divide the result of STEP EIGHT by the result of
344-32 STEP SIX, expressed as a percentage.
345-33 (o) (p) At the request of a political subdivision that proposes to
346-34 impose property taxes to pay debt service on bonds or lease rentals on
347-35 a lease for a controlled project, the county auditor of a county in which
348-36 the political subdivision is located shall determine the estimated
349-37 average percentage of property tax increase on a business property to
350-38 be paid to the political subdivision that must be included in the public
351-39 question under subsection (c) as follows:
352-40 STEP ONE: Determine the average assessed value of business
353-41 property located within the political subdivision.
354-42 STEP TWO: Divide the result of STEP ONE by one hundred
308+1 each county where the voters who are eligible to sign the petition
309+2 reside, a referendum election shall be held as provided in
310+3 subsection (c).
311+4 (2) Instead of the adoption of substantially identical resolutions in
312+5 each of the proposed consolidating school corporations under
313+6 subdivision (1), a referendum election under subsection (c) shall
314+7 be held on the occurrence of all of the following:
315+8 (A) At least twenty percent (20%) of the registered voters
316+9 residing in a particular school corporation sign a petition
317+10 requesting that the school corporation consolidate with another
318+11 school corporation (referred to in this subsection as "the
319+12 responding school corporation").
320+13 (B) The petition described in clause (A) is filed with the clerk
321+14 of the circuit court of each county where the voters who are
322+15 eligible to sign the petition reside.
323+16 (C) Not more than thirty (30) days after the service of the
324+17 petition by the clerk of the circuit court to the governing body
325+18 of the responding school corporation under subsection (b) and
326+19 the certification of signatures on the petition occurs under
327+20 subsection (b), the governing body of the responding school
328+21 corporation adopts a resolution approving the petition and
329+22 providing for the consolidation.
330+23 (D) An approving resolution has the same effect as the
331+24 substantially identical resolutions adopted by the governing
332+25 bodies under subdivision (1), and the governing bodies shall
333+26 publish the notice provided under subdivision (1) not more
334+27 than fifteen (15) days after the approving resolution is adopted.
335+28 However, if a governing body that is a party to the
336+29 consolidation fails to publish notice within the required fifteen
337+30 (15) day time period, a referendum election still must be held
338+31 as provided in subsection (c).
339+32 If the governing body of the responding school corporation does
340+33 not act on the petition within the thirty (30) day period described
341+34 in clause (C), the governing body's inaction constitutes a
342+35 disapproval of the petition request. If the governing body of the
343+36 responding school corporation adopts a resolution disapproving
344+37 the petition or fails to act within the thirty (30) day period, a
345+38 referendum election as described in subsection (c) may not be
346+39 held and the petition requesting the consolidation is defeated.
347+40 (b) Any petition of protest under subsection (a)(1) or a petition
348+41 requesting consolidation under subsection (a)(2) must show in the
349+42 petition the date on which each person has signed the petition and the
355350 HB 1376—LS 6949/DI 144 9
356-1 (100).
357-2 STEP THREE: Determine the overall average tax rate per one
358-3 hundred dollars ($100) of assessed valuation for the current year
359-4 imposed on property located within the political subdivision.
360-5 STEP FOUR: For purposes of determining net property tax
361-6 liability of the average business property located within the
362-7 political subdivision:
363-8 (A) multiply the result of STEP TWO by the result of STEP
364-9 THREE; and
365-10 (B) as appropriate, apply any currently applicable county
366-11 property tax credit rates and the credit for excessive property
367-12 taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
368-13 was three percent (3%).
369-14 STEP FIVE: Determine the amount of the political subdivision's
370-15 part of the result determined in STEP FOUR.
371-16 STEP SIX: Determine the estimated tax rate that will be imposed
372-17 if the public question is approved by the voters.
373-18 STEP SEVEN: Multiply the result of STEP TWO by the result of
374-19 STEP SIX.
375-20 STEP EIGHT: Divide the result of STEP SEVEN by the result of
376-21 STEP FIVE, expressed as a percentage.
377-22 (p) (q) The county auditor shall certify the estimated average
378-23 percentage of property tax increase on a homestead to be paid to the
379-24 political subdivision determined under subsection (n), (o), and the
380-25 estimated average percentage of property tax increase on a business
381-26 property to be paid to the political subdivision determined under
382-27 subsection (o), (p), in a manner prescribed by the department of local
383-28 government finance, and provide the certification to the political
384-29 subdivision that proposes to impose property taxes. The political
385-30 subdivision shall provide the certification to the county election board
386-31 and include the estimated average percentages in the language of the
387-32 public question at the time the language of the public question is
388-33 submitted to the county election board for approval as described in
389-34 subsection (c).
351+1 person's residence on that date. The petition may be executed in several
352+2 counterparts, the total of which constitutes the petition. Each
353+3 counterpart must contain the names of voters residing within a single
354+4 county and shall be filed with the clerk of the circuit court of the
355+5 county. Each counterpart must have attached to it the affidavit of the
356+6 person circulating the counterpart that each signature appearing on the
357+7 counterpart was affixed in that person's presence and is the true and
358+8 lawful signature of each person who made the signature. Any signer
359+9 may file the petition or any counterpart of the petition. Each signer on
360+10 the petition may before and may not after the filing with the clerk
361+11 withdraw the signer's name from the petition. A name may not be
362+12 added to the petition after the petition has been filed with the clerk.
363+13 After the receipt of any counterpart of the petition, each circuit court
364+14 clerk shall certify:
365+15 (1) the number of persons signing the counterpart;
366+16 (2) the number of persons who are registered voters residing
367+17 within that part of the school corporation located within the
368+18 clerk's county, as disclosed by the voter registration records in the
369+19 office of the clerk or the board of registration of the county, or
370+20 wherever registration records may be kept;
371+21 (3) the total number of registered voters residing within the
372+22 boundaries of that part of the school corporation located within
373+23 the county, as disclosed in the voter registration records; and
374+24 (4) the date of the filing of the petition.
375+25 Certification shall be made by each clerk of the circuit court not more
376+26 than thirty (30) days after the filing of the petition, excluding from the
377+27 calculation of the period any time during which the registration records
378+28 are unavailable to the clerk, or within any additional time as is
379+29 reasonably necessary to permit the clerk to make the certification. In
380+30 certifying the number of registered voters, the clerk of the circuit court
381+31 shall disregard any signature on the petition not made within the ninety
382+32 (90) days immediately before the filing of the petition with the clerk as
383+33 shown by the dates set out in the petition. The clerk of the circuit court
384+34 shall establish a record of the certification in the clerk's office and shall
385+35 serve the original petition and a copy of the certification on the county
386+36 election board under IC 3-10-9-3 and the governing bodies of each
387+37 affected school corporation. Service shall be made by mail or manual
388+38 delivery to the governing bodies, to any officer of the governing bodies,
389+39 or to the administrative office of the governing bodies, if any, and shall
390+40 be made for all purposes of this section on the day of the mailing or the
391+41 date of the manual delivery.
392+42 (c) The county election board in each county where the proposed
390393 HB 1376—LS 6949/DI 144 10
394+1 metropolitan school district is located, acting jointly where the
395+2 proposed metropolitan school district is created and where it is located
396+3 in more than one (1) county, shall cause any referendum election
397+4 required under either subsection (a)(1) or (a)(2) to be held in the entire
398+5 proposed metropolitan district at a special the next election permitted
399+6 under IC 3-10-9-3(b). The special election shall be not less than sixty
400+7 (60) days and not more than ninety (90) days after the service of the
401+8 petition of protest and certification by each clerk of the circuit court
402+9 under subsection (a)(1) or (a)(2) or after the occurrence of the first
403+10 action requiring a referendum under subsection (a)(2). However, if a
404+11 primary or general election at which county officials are to be
405+12 nominated or elected, or at which city or town officials are to be elected
406+13 in those areas of the proposed metropolitan school district that are
407+14 within the city or town, is to be held after the sixty (60) days and not
408+15 more than six (6) months after the service or the occurrence of the first
409+16 action, each election board may hold the referendum election with the
410+17 primary or general election.
411+18 (d) Notice of the special election shall be given by each election
412+19 board by publication under IC 5-3-1.
413+20 (e) Except where it conflicts with this section or cannot be
414+21 practicably applied, IC 3 applies to the conduct of the referendum
415+22 election. If the referendum election is not conducted at a primary or
416+23 general election, the cost of conducting the election shall be charged to
417+24 each component school corporation included in the proposed
418+25 metropolitan school district in the same proportion as its assessed
419+26 valuation bears to the total assessed valuation of the proposed
420+27 metropolitan school district and shall be paid from the operations fund
421+28 of each component school corporation not otherwise appropriated,
422+29 without appropriation.
423+30 (f) The question in the referendum election shall be placed on the
424+31 ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
425+32 school corporations of _________ be formed into one (1) metropolitan
426+33 school district under IC 20-23-7?" (in which blanks the respective
427+34 name of the school districts concerned will be inserted).
428+35 (g) If:
429+36 (1) a protest petition with the required signatures is not filed after
430+37 the adoption of substantially identical resolutions of the governing
431+38 bodies providing for or approving the consolidation as described
432+39 in subsection (a)(1); or
433+40 (2) a referendum election occurs in the entire proposed
434+41 metropolitan district and a majority of the voters in each proposed
435+42 consolidating school corporation vote in the affirmative;
436+HB 1376—LS 6949/DI 144 11
437+1 a metropolitan school district is created and comes into existence in the
438+2 territory subject to the provisions and under the conditions described
439+3 in this chapter. The boundaries include all of the territory within the
440+4 school corporations, and it shall be known as "Metropolitan School
441+5 District of _______, Indiana" (the name of the district concerned will
442+6 be inserted in the blank). The name of the district shall be decided by
443+7 a majority vote of the metropolitan governing board of the metropolitan
444+8 school district at the first meeting. The metropolitan governing board
445+9 of the new metropolitan school district shall be composed and elected
446+10 under this chapter. The failure of any public official or body to perform
447+11 any duty within the time provided in this chapter does not invalidate
448+12 any proceedings taken by that official or body, but this provision shall
449+13 not be construed to authorize a delay in the holding of a referendum
450+14 election under this chapter.
451+15 (h) If the governing body of a school corporation is involved in a
452+16 consolidation proposal under subsection (a)(1) or (a)(2) that fails to
453+17 result in a consolidation, the:
454+18 (1) governing body of the school corporation may not initiate a
455+19 subsequent consolidation with another school corporation under
456+20 subsection (a)(1); and
457+21 (2) residents of the school corporation may not file a petition
458+22 requesting a consolidation with another school corporation under
459+23 subsection (a)(2);
460+24 for one (1) year after the date on which the prior consolidation proposal
461+25 failed.
462+26 SECTION 7. IC 20-23-8-14, AS ADDED BY P.L.1-2005,
463+27 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
464+28 JULY 1, 2024]: Sec. 14. (a) Not more than ten (10) days after a
465+29 governing body has:
466+30 (1) initiated;
467+31 (2) approved; or
468+32 (3) disapproved;
469+33 a plan initiated by the petition filed with it, the governing body shall
470+34 publish a notice one (1) time in a newspaper of general circulation in
471+35 the county of the school corporation. If a newspaper of general
472+36 circulation is not published in the county of the school corporation, the
473+37 governing body shall publish a notice one (1) time in a newspaper of
474+38 general circulation published in a county adjoining the county of the
475+39 school corporation.
476+40 (b) The notice must set out the text of a plan initiated by the
477+41 governing body or another plan filed with the governing body before
478+42 the preparation of the notice. The notice must also state the right of a
479+HB 1376—LS 6949/DI 144 12
480+1 voter, as provided in this section, to file a petition for alternative plans
481+2 or a petition protesting the adoption of a plan or plans to which the
482+3 notice relates.
483+4 (c) If the governing body fails to publish a notice required by this
484+5 section, the governing body shall, not more than five (5) days after the
485+6 expiration of the ten (10) day period for publication of notice under this
486+7 section, submit the petition that has been filed with the clerk to the
487+8 state board, whether or not the plan contained in the petition or the
488+9 petition meets the requirements of this chapter.
489+10 (d) Not later than one hundred twenty (120) days after the
490+11 publication of the notice, voters of the school corporation may file with
491+12 the clerk a petition protesting a plan initiated or approved by the
492+13 governing body or a petition submitting an alternative plan as follows:
493+14 (1) A petition protesting a plan shall be signed by at least twenty
494+15 percent (20%) of the voters of the school corporation or five
495+16 hundred (500) voters of the school corporation, whichever is less.
496+17 (2) A petition submitting an alternative plan shall be signed by at
497+18 least twenty percent (20%) of the voters of the school corporation.
498+19 A petition filed under this subsection shall be certified by the clerk and
499+20 shall be filed with the governing body in the same manner as is
500+21 provided for a petition in section 11 of this chapter.
501+22 (e) The governing body or the voters may not initiate or file
502+23 additional plans until the plans that were published in the notice or
503+24 submitted as alternative plans not later than one hundred twenty (120)
504+25 days after the publication of the notice have been disposed of by:
505+26 (1) adoption;
506+27 (2) defeat at a special an election held under section 16 of this
507+28 chapter; or
508+29 (3) combination with another plan by the state board under
509+30 section 15 of this chapter.
510+31 SECTION 8. IC 20-23-8-16, AS ADDED BY P.L.1-2005,
511+32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
512+33 JULY 1, 2024]: Sec. 16. (a) If:
513+34 (1) the governing body has disapproved a plan submitted;
514+35 (2) an alternative plan has been filed; or
515+36 (3) a petition of protest has been filed;
516+37 the county election board shall hold a special an election at a on the
517+38 next date permitted under IC 3-10-9-3(b) to be determined by the
518+39 county election board not more than ninety (90) days after the receipt
519+40 of the determination of the state board on a plan in the form certified
520+41 by the state board.
521+42 (b) If a special election under subsection (a) can be held not more
522+HB 1376—LS 6949/DI 144 13
523+1 than six (6) months after the receipt of the determination from the state
524+2 board in conjunction with a primary or general election at which:
525+3 (1) county officials are to be elected or nominated; or
526+4 (2) city or town officials are to be elected in those areas of the
527+5 school corporations that are within the city or town;
528+6 the county election board may delay the special election until the date
529+7 of the regular election.
530+8 (c) (b) Subject to IC 3-10-9-3(b), if a school corporation is located
531+9 in more than one (1) county, the county election board of the county
532+10 containing the greatest percentage of population of the school
533+11 corporation shall determine the date of an election held under this
534+12 section.
535+13 SECTION 9. IC 20-23-8-18, AS AMENDED BY P.L.244-2017,
536+14 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
537+15 JULY 1, 2024]: Sec. 18. (a) The county election board shall give notice
538+16 of an election under section 16 of this chapter after receiving the form
539+17 of notice and ballot from the clerk. The county election board shall
540+18 publish notice one (1) time in two (2) newspapers of general circulation
541+19 in the school corporation, or if only one (1) newspaper is of general
542+20 circulation, then in that newspaper. The publication may not be made
543+21 less than ten (10) days nor more than forty-five (45) days before the
544+22 election. Any other notice of the election or requirement for the time of
545+23 printing ballots, whether prescribed by IC 3 or otherwise, is not
546+24 required to be given or observed. A person may not vote at the special
547+25 election unless the person is then qualified as a registered voter.
548+26 (b) IC 3 applies to the conduct of an election under this chapter,
549+27 except if the provisions of this chapter are in conflict with provisions
550+28 of IC 3 or if IC 3 cannot be practicably applied.
551+29 (c) If the special election is not conducted at a primary or general
552+30 election, the school corporation shall pay the cost of conducting the
553+31 election from the school corporation's operations fund not otherwise
554+32 appropriated without appropriation.
555+33 SECTION 10. IC 20-23-8-19, AS ADDED BY P.L.1-2005,
556+34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
557+35 JULY 1, 2024]: Sec. 19. (a) A plan shall be adopted in the following
558+36 circumstances:
559+37 (1) At the expiration of one hundred twenty (120) days after the
560+38 publication of notice by the governing body if:
561+39 (A) the governing body has initiated or approved the plan;
562+40 (B) a petition has not been filed either protesting the plan or
563+41 setting forth an alternative plan; and
564+42 (C) the state board has reviewed and certified the plan.
565+HB 1376—LS 6949/DI 144 14
566+1 (2) If only one (1) plan is on the ballot and it receives more
567+2 affirmative than negative votes, the plan is adopted at the
568+3 expiration of thirty (30) days following the special election.
569+4 (3) If more than one (1) plan is on the ballot, the plan receiving
570+5 the most votes is adopted at the expiration of thirty (30) days after
571+6 the special election.
572+7 (b) The plan is effective:
573+8 (1) at the time provided in the plan; or
574+9 (2) if a time is not provided or if the time provided is inapplicable
575+10 due to the lapse of time of the proceedings under this chapter,
576+11 either on the January 1 or July 1 following the time of adoption of
577+12 the plan.
578+13 SECTION 11. IC 20-23-8-25, AS AMENDED BY P.L.244-2017,
579+14 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
580+15 JULY 1, 2024]: Sec. 25. (a) In implementing a plan adopted under this
581+16 chapter, requiring the holding of a special an election, the county
582+17 election board, or county election boards in the case of a multicounty
583+18 school corporation, shall hold, manage, and supervise a special the
584+19 election.
585+20 (b) The county election board shall pay the costs of a special the
586+21 election.
587+22 (c) A school corporation shall reimburse the county election board
588+23 from the school corporation's operations fund money not otherwise
589+24 appropriated, without appropriation, if a special an election occurs
590+25 under this chapter.
591+26 SECTION 12. IC 20-26-7-18, AS AMENDED BY P.L.250-2023,
592+27 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
593+28 JULY 1, 2024]: Sec. 18. (a) Subject to IC 5-1-11.5, a school
594+29 corporation may issue and sell bonds under the general statutes
595+30 governing the issuance of bonds to purchase and improve buildings or
596+31 lands, or both. Subject to subsection (b), all laws relating to approval
597+32 (if required) in a local public question under IC 6-1.1-20, the filing of
598+33 petitions, remonstrances, and objecting petitions, giving notices of the
599+34 filing of petitions, the determination to issue bonds, and the
600+35 appropriation of the proceeds of the bonds are applicable to the
601+36 issuance of bonds under section 17 of this chapter.
602+37 (b) Notwithstanding IC 6-1.1-20-3.6(e), a local public question
603+38 described in subsection (a) concerning the issuance or sale of bonds
604+39 by a school corporation may be placed on the ballot only at an
605+40 election permitted under IC 3-10-9-3(b).
606+41 SECTION 13. IC 20-46-1-14, AS AMENDED BY P.L.227-2023,
607+42 SECTION 135, IS AMENDED TO READ AS FOLLOWS
608+HB 1376—LS 6949/DI 144 15
609+1 [EFFECTIVE JULY 1, 2024]: Sec. 14. (a) The referendum shall be
610+2 held in the next primary election, general election, or municipal
611+3 election permitted under IC 3-10-9-3(b) in which all the registered
612+4 voters who are residents of the appellant school corporation are entitled
613+5 to vote after certification of the question. under IC 3-10-9-3. The
614+6 certification of the question must occur not later than noon
615+7 (1) seventy-four (74) days before a primary election if the
616+8 question is to be placed on the primary or municipal primary
617+9 election ballot; or
618+10 (2) August 1. if the question is to be placed on the general or
619+11 municipal election ballot.
620+12 (b) However, if a primary election, general election, or municipal
621+13 election will not be held during the first year in which the public
622+14 question is eligible to be placed on the ballot under this chapter and if
623+15 the appellant school corporation requests the public question to be
624+16 placed on the ballot at a special election, the public question shall be
625+17 placed on the ballot at a special election to be held on the first Tuesday
626+18 after the first Monday in May or November of the year. The
627+19 certification must occur not later than noon:
628+20 (1) seventy-four (74) days before a special election to be held in
629+21 May (if the special election is to be held in May); or
630+22 (2) on August 1 (if the special election is to be held in
631+23 November).
632+24 (c) If the referendum is not conducted at a primary election, general
633+25 election, or municipal election, the appellant school corporation in
634+26 which the referendum is to be held shall pay all the costs of holding the
635+27 referendum.
636+28 SECTION 14. IC 20-46-9-14, AS AMENDED BY P.L.227-2023,
637+29 SECTION 136, IS AMENDED TO READ AS FOLLOWS
638+30 [EFFECTIVE JULY 1, 2024]: Sec. 14. (a) The referendum shall be
639+31 held in the next primary election, general election, or municipal
640+32 election permitted under IC 3-10-9-3(b) in which all the registered
641+33 voters who are residents of the school corporation are entitled to vote
642+34 after certification of the question. under IC 3-10-9-3. The certification
643+35 of the question must occur not later than noon
644+36 (1) seventy-four (74) days before a primary election if the
645+37 question is to be placed on the primary or municipal primary
646+38 election ballot; or
647+39 (2) August 1. if the question is to be placed on the general or
648+40 municipal election ballot.
649+41 (b) However, if a primary election, general election, or municipal
650+42 election will not be held during the first year in which the public
651+HB 1376—LS 6949/DI 144 16
652+1 question is eligible to be placed on the ballot under this chapter and if
653+2 the school corporation requests the public question to be placed on the
654+3 ballot at a special election, the public question shall be placed on the
655+4 ballot at a special election to be held on the first Tuesday after the first
656+5 Monday in May or November of the year. The certification must occur
657+6 not later than noon:
658+7 (1) seventy-four (74) days before a special election to be held in
659+8 May (if the special election is to be held in May); or
660+9 (2) August 1 (if the special election is to be held in November).
661+10 (c) If the referendum is not conducted at a primary election, general
662+11 election, or municipal election, the school corporation in which the
663+12 referendum is to be held shall pay all the costs of holding the
664+13 referendum.
665+HB 1376—LS 6949/DI 144 17
391666 COMMITTEE REPORT
392667 Mr. Speaker: Your Committee on Elections and Apportionment, to
393668 which was referred House Bill 1376, has had the same under
394669 consideration and begs leave to report the same back to the House with
395670 the recommendation that said bill do pass.
396671 (Reference is to HB 1376 as introduced.)
397672 WESCO
398673 Committee Vote: Yeas 8, Nays 5
399-_____
400-HOUSE MOTION
401-Mr. Speaker: I move that House Bill 1376 be returned to the second
402-reading calendar forthwith for the purpose of amendment.
403-BEHNING
404-_____
405-HOUSE MOTION
406-Mr. Speaker: I move that House Bill 1376 be amended to read as
407-follows:
408-Page 1, line 11, delete "referendum or local public question under
409-IC 20" and insert "local public question described in
410-IC 6-1.1-20-3.6(f)".
411-Page 2, delete lines 2 through 42, begin a new paragraph and insert:
412-"SECTION 2. IC 6-1.1-20-3.6, AS AMENDED BY P.L.239-2023,
413-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
414-JULY 1, 2024]: Sec. 3.6. (a) Except as provided in sections 3.7 and 3.8
415-of this chapter, this section applies only to a controlled project
416-described in section 3.5(a) of this chapter.
417-(b) In the case of a controlled project:
418-(1) described in section 3.5(a)(1)(A) through 3.5(a)(1)(C) of this
419-chapter, if a sufficient petition requesting the application of the
420-local public question process has been filed as set forth in section
421-3.5 of this chapter; or
422-(2) described in section 3.5(a)(1)(D) of this chapter (before its
423-expiration);
424-a political subdivision may not impose property taxes to pay debt
425-service on bonds or lease rentals on a lease for a controlled project
426-HB 1376—LS 6949/DI 144 11
427-unless the political subdivision's proposed debt service or lease rental
428-is approved in an election on a local public question held under this
429-section.
430-(c) Except as provided in subsection (k), (l), the following question
431-shall be submitted to the eligible voters at the election conducted under
432-this section:
433-"Shall ________ (insert the name of the political subdivision)
434-increase property taxes paid to the _______ (insert the type of
435-taxing unit) by homeowners and businesses? If this public
436-question is approved by the voters, the average property tax paid
437-to the _______ (insert the type of taxing unit) per year on a
438-residence would increase by ______% (insert the estimated
439-average percentage of property tax increase paid to the political
440-subdivision on a residence within the political subdivision as
441-determined under subsection (n)) (o)) and the average property
442-tax paid to the _____ (insert the type of taxing unit) per year on
443-a business property would increase by ______% (insert the
444-estimated average percentage of property tax increase paid to the
445-political subdivision on a business property within the political
446-subdivision as determined under subsection (o)). (p)). The
447-political subdivision may issue bonds or enter into a lease to
448-________ (insert a brief description of the controlled project),
449-which is estimated to cost _______ (insert the total cost of the
450-project) over ______ (insert number of years to bond maturity or
451-termination of lease) years. The most recent property tax
452-referendum within the boundaries of the political subdivision for
453-which this public question is being considered was proposed by
454-________ (insert name of political subdivision) in ______ (insert
455-year of most recent property tax referendum) and ________
456-(insert whether the measure passed or failed).".
457-The public question must appear on the ballot in the form approved by
458-the county election board. If the political subdivision proposing to issue
459-bonds or enter into a lease is located in more than one (1) county, the
460-county election board of each county shall jointly approve the form of
461-the public question that will appear on the ballot in each county. The
462-form approved by the county election board may differ from the
463-language certified to the county election board by the county auditor.
464-If the county election board approves the language of a public question
465-under this subsection, the county election board shall submit the
466-language and the certification of the county auditor described in
467-subsection (p) (q) to the department of local government finance for
468-review.
469-HB 1376—LS 6949/DI 144 12
470-(d) The department of local government finance shall review the
471-language of the public question to evaluate whether the description of
472-the controlled project is accurate and is not biased against either a vote
473-in favor of the controlled project or a vote against the controlled
474-project. The department of local government finance shall post the
475-estimated average percentage of property tax increases to be paid to a
476-political subdivision on a residence and business property that are
477-certified by the county auditor under subsection (p) (q) on the
478-department's Internet web site. website. The department of local
479-government finance may either approve the ballot language as
480-submitted or recommend that the ballot language be modified as
481-necessary to ensure that the description of the controlled project is
482-accurate and is not biased. The department of local government finance
483-shall certify its approval or recommendations to the county auditor and
484-the county election board not more than ten (10) days after the
485-language of the public question is submitted to the department for
486-review. If the department of local government finance recommends a
487-modification to the ballot language, the county election board shall,
488-after reviewing the recommendations of the department of local
489-government finance, submit modified ballot language to the department
490-for the department's approval or recommendation of any additional
491-modifications. The public question may not be certified by the county
492-auditor under subsection (e) or (f) unless the department of local
493-government finance has first certified the department's final approval
494-of the ballot language for the public question.
495-(e) This subsection does not apply to a local public question
496-described in subsection (f). The county auditor shall certify the finally
497-approved public question under IC 3-10-9-3 IC 3-10-9-3(a) to the
498-county election board of each county in which the political subdivision
499-is located. The certification must occur not later than noon:
500-(1) seventy-four (74) days before a primary election if the public
501-question is to be placed on the primary or municipal primary
502-election ballot; or
503-(2) August 1 if the public question is to be placed on the general
504-or municipal election ballot.
505-Subject to the certification requirements and deadlines under this
506-subsection and except as provided in subsection (j), (k), the public
507-question shall be placed on the ballot at the next primary election,
508-general election or municipal election in which all voters of the
509-political subdivision are entitled to vote. However, if a primary
510-election, general election, or municipal election will not be held during
511-the first year in which the public question is eligible to be placed on the
512-HB 1376—LS 6949/DI 144 13
513-ballot under this section and if the political subdivision requests the
514-public question to be placed on the ballot at a special election, the
515-public question shall be placed on the ballot at a special election to be
516-held on the first Tuesday after the first Monday in May or November
517-of the year. The certification must occur not later than noon
518-seventy-four (74) days before a special election to be held in May (if
519-the special election is to be held in May) or noon on August 1 (if the
520-special election is to be held in November). The fiscal body of the
521-political subdivision that requests the special election shall pay the
522-costs of holding the special election. The county election board shall
523-give notice under IC 5-3-1 of a special election conducted under this
524-subsection. A special election conducted under this subsection is under
525-the direction of the county election board. The county election board
526-shall take all steps necessary to carry out the special election.
527-(f) This subsection applies to a local public question authorizing
528-a school corporation to impose property taxes to pay debt service
529-on bonds or lease rentals on a lease for a controlled project
530-described in section 3.5(a) of this chapter. The county auditor shall
531-certify the finally approved public question under IC 3-10-9-3(b)
532-to the county election board of each county in which the political
533-subdivision is located. The certification must occur not later than
534-noon August 1. Subject to the certification requirements and
535-deadlines under this subsection and except as provided in
536-subsection (k), the public question shall be placed on the ballot at
537-the next election permitted under IC 3-10-9-3(b).
538-(g) The circuit court clerk shall certify the results of the public
539-question to the following:
540-(1) The county auditor of each county in which the political
541-subdivision is located.
542-(2) The department of local government finance.
543-(g) (h) Subject to the requirements of IC 6-1.1-18.5-8, the political
544-subdivision may issue the proposed bonds or enter into the proposed
545-lease rental if a majority of the eligible voters voting on the public
546-question vote in favor of the public question.
547-(h) (i) If a majority of the eligible voters voting on the public
548-question vote in opposition to the public question, both of the following
549-apply:
550-(1) The political subdivision may not issue the proposed bonds or
551-enter into the proposed lease rental.
552-(2) Another public question under this section on the same or a
553-substantially similar project may not be submitted to the voters
554-earlier than:
555-HB 1376—LS 6949/DI 144 14
556-(A) except as provided in clause (B), seven hundred (700)
557-days after the date of the public question; or
558-(B) three hundred fifty (350) days after the date of the election,
559-if a petition that meets the requirements of subsection (m) (n)
560-is submitted to the county auditor.
561-(i) (j) IC 3, to the extent not inconsistent with this section, applies
562-to an election held under this section.
563-(j) (k) A political subdivision may not divide a controlled project in
564-order to avoid the requirements of this section and section 3.5 of this
565-chapter. A person that owns property within a political subdivision or
566-a person that is a registered voter residing within a political subdivision
567-may file a petition with the department of local government finance
568-objecting that the political subdivision has divided a controlled project
569-into two (2) or more capital projects in order to avoid the requirements
570-of this section and section 3.5 of this chapter. The petition must be filed
571-not more than ten (10) days after the political subdivision gives notice
572-of the political subdivision's decision under section 3.5 of this chapter
573-or a determination under section 5 of this chapter to issue bonds or
574-enter into leases for a capital project that the person believes is the
575-result of a division of a controlled project that is prohibited by this
576-subsection. If the department of local government finance receives a
577-petition under this subsection, the department shall not later than thirty
578-(30) days after receiving the petition make a final determination on the
579-issue of whether the political subdivision divided a controlled project
580-in order to avoid the requirements of this section and section 3.5 of this
581-chapter. If the department of local government finance determines that
582-a political subdivision divided a controlled project in order to avoid the
583-requirements of this section and section 3.5 of this chapter and the
584-political subdivision continues to desire to proceed with the project, the
585-political subdivision may appeal the determination of the department
586-of local government finance to the Indiana board of tax review. A
587-political subdivision shall be considered to have divided a capital
588-project in order to avoid the requirements of this section and section
589-3.5 of this chapter if the result of one (1) or more of the subprojects
590-cannot reasonably be considered an independently desirable end in
591-itself without reference to another capital project. This subsection does
592-not prohibit a political subdivision from undertaking a series of capital
593-projects in which the result of each capital project can reasonably be
594-considered an independently desirable end in itself without reference
595-to another capital project.
596-(k) (l) This subsection applies to a political subdivision for which a
597-petition requesting a public question has been submitted under section
598-HB 1376—LS 6949/DI 144 15
599-3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
600-the political subdivision may adopt a resolution to withdraw a
601-controlled project from consideration in a public question. If the
602-legislative body provides a certified copy of the resolution to the county
603-auditor and the county election board not later than sixty-three (63)
604-days before the election at which the public question would be on the
605-ballot, the public question on the controlled project shall not be placed
606-on the ballot and the public question on the controlled project shall not
607-be held, regardless of whether the county auditor has certified the
608-public question to the county election board. If the withdrawal of a
609-public question under this subsection requires the county election
610-board to reprint ballots, the political subdivision withdrawing the
611-public question shall pay the costs of reprinting the ballots. If a political
612-subdivision withdraws a public question under this subsection that
613-would have been held at a special election and the county election
614-board has printed the ballots before the legislative body of the political
615-subdivision provides a certified copy of the withdrawal resolution to
616-the county auditor and the county election board, the political
617-subdivision withdrawing the public question shall pay the costs
618-incurred by the county in printing the ballots. If a public question on a
619-controlled project is withdrawn under this subsection, a public question
620-under this section on the same controlled project or a substantially
621-similar controlled project may not be submitted to the voters earlier
622-than three hundred fifty (350) days after the date the resolution
623-withdrawing the public question is adopted.
624-(l) (m) If a public question regarding a controlled project is placed
625-on the ballot to be voted on at an election under this section, the
626-political subdivision shall submit to the department of local
627-government finance, at least thirty (30) days before the election, the
628-following information regarding the proposed controlled project for
629-posting on the department's Internet web site: website:
630-(1) The cost per square foot of any buildings being constructed as
631-part of the controlled project.
632-(2) The effect that approval of the controlled project would have
633-on the political subdivision's property tax rate.
634-(3) The maximum term of the bonds or lease.
635-(4) The maximum principal amount of the bonds or the maximum
636-lease rental for the lease.
637-(5) The estimated interest rates that will be paid and the total
638-interest costs associated with the bonds or lease.
639-(6) The purpose of the bonds or lease.
640-(7) In the case of a controlled project proposed by a school
641-HB 1376—LS 6949/DI 144 16
642-corporation:
643-(A) the current and proposed square footage of school building
644-space per student;
645-(B) enrollment patterns within the school corporation; and
646-(C) the age and condition of the current school facilities.
647-(m) (n) If a majority of the eligible voters voting on the public
648-question vote in opposition to the public question, a petition may be
649-submitted to the county auditor to request that the limit under
650-subsection (h)(2)(B) (i)(2)(B) apply to the holding of a subsequent
651-public question by the political subdivision. If such a petition is
652-submitted to the county auditor and is signed by the lesser of:
653-(1) five hundred (500) persons who are either owners of property
654-within the political subdivision or registered voters residing
655-within the political subdivision; or
656-(2) five percent (5%) of the registered voters residing within the
657-political subdivision;
658-the limit under subsection (h)(2)(B) (i)(2)(B) applies to the holding of
659-a second public question by the political subdivision and the limit
660-under subsection (h)(2)(A) (i)(2)(A) does not apply to the holding of
661-a second public question by the political subdivision.
662-(n) (o) At the request of a political subdivision that proposes to
663-impose property taxes to pay debt service on bonds or lease rentals on
664-a lease for a controlled project, the county auditor of a county in which
665-the political subdivision is located shall determine the estimated
666-average percentage of property tax increase on a homestead to be paid
667-to the political subdivision that must be included in the public question
668-under subsection (c) as follows:
669-STEP ONE: Determine the average assessed value of a homestead
670-located within the political subdivision.
671-STEP TWO: For purposes of determining the net assessed value
672-of the average homestead located within the political subdivision,
673-subtract:
674-(A) an amount for the homestead standard deduction under
675-IC 6-1.1-12-37 as if the homestead described in STEP ONE
676-was eligible for the deduction; and
677-(B) an amount for the supplemental homestead deduction
678-under IC 6-1.1-12-37.5 as if the homestead described in STEP
679-ONE was eligible for the deduction;
680-from the result of STEP ONE.
681-STEP THREE: Divide the result of STEP TWO by one hundred
682-(100).
683-STEP FOUR: Determine the overall average tax rate per one
684-HB 1376—LS 6949/DI 144 17
685-hundred dollars ($100) of assessed valuation for the current year
686-imposed on property located within the political subdivision.
687-STEP FIVE: For purposes of determining net property tax liability
688-of the average homestead located within the political subdivision:
689-(A) multiply the result of STEP THREE by the result of STEP
690-FOUR; and
691-(B) as appropriate, apply any currently applicable county
692-property tax credit rates and the credit for excessive property
693-taxes under IC 6-1.1-20.6-7.5(a)(1).
694-STEP SIX: Determine the amount of the political subdivision's
695-part of the result determined in STEP FIVE.
696-STEP SEVEN: Determine the estimated tax rate that will be
697-imposed if the public question is approved by the voters.
698-STEP EIGHT: Multiply the result of STEP SEVEN by the result
699-of STEP THREE.
700-STEP NINE: Divide the result of STEP EIGHT by the result of
701-STEP SIX, expressed as a percentage.
702-(o) (p) At the request of a political subdivision that proposes to
703-impose property taxes to pay debt service on bonds or lease rentals on
704-a lease for a controlled project, the county auditor of a county in which
705-the political subdivision is located shall determine the estimated
706-average percentage of property tax increase on a business property to
707-be paid to the political subdivision that must be included in the public
708-question under subsection (c) as follows:
709-STEP ONE: Determine the average assessed value of business
710-property located within the political subdivision.
711-STEP TWO: Divide the result of STEP ONE by one hundred
712-(100).
713-STEP THREE: Determine the overall average tax rate per one
714-hundred dollars ($100) of assessed valuation for the current year
715-imposed on property located within the political subdivision.
716-STEP FOUR: For purposes of determining net property tax
717-liability of the average business property located within the
718-political subdivision:
719-(A) multiply the result of STEP TWO by the result of STEP
720-THREE; and
721-(B) as appropriate, apply any currently applicable county
722-property tax credit rates and the credit for excessive property
723-taxes under IC 6-1.1-20.6-7.5 as if the applicable percentage
724-was three percent (3%).
725-STEP FIVE: Determine the amount of the political subdivision's
726-part of the result determined in STEP FOUR.
727-HB 1376—LS 6949/DI 144 18
728-STEP SIX: Determine the estimated tax rate that will be imposed
729-if the public question is approved by the voters.
730-STEP SEVEN: Multiply the result of STEP TWO by the result of
731-STEP SIX.
732-STEP EIGHT: Divide the result of STEP SEVEN by the result of
733-STEP FIVE, expressed as a percentage.
734-(p) (q) The county auditor shall certify the estimated average
735-percentage of property tax increase on a homestead to be paid to the
736-political subdivision determined under subsection (n), (o), and the
737-estimated average percentage of property tax increase on a business
738-property to be paid to the political subdivision determined under
739-subsection (o), (p), in a manner prescribed by the department of local
740-government finance, and provide the certification to the political
741-subdivision that proposes to impose property taxes. The political
742-subdivision shall provide the certification to the county election board
743-and include the estimated average percentages in the language of the
744-public question at the time the language of the public question is
745-submitted to the county election board for approval as described in
746-subsection (c).".
747-Delete pages 3 through 16.
748-Renumber all SECTIONS consecutively.
749-(Reference is to HB 1376 as printed January 18, 2024.)
750-BEHNING
751674 HB 1376—LS 6949/DI 144