Bill Text: IN SB0372 | 2010 | Regular Session | Introduced
Bill Title: Minimum turnout for local public questions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Elections [SB0372 Detail]
Download: Indiana-2010-SB0372-Introduced.html
Citations Affected: IC 3-10-9-7; IC 3-12; IC 4-31-4-3; IC 4-33-6;
IC 6-1.1-20-3.6; IC 8-1.5; IC 20-23; IC 20-26-8-2; IC 20-46-1; IC 36-5;
IC 36-7-4-1212; IC 36-10-4-5.
Synopsis: Minimum turnout for local public questions. Provides that
at least 15% of the registered voters must vote in an election that
includes a local public question on the ballot in order for the county
election board to certify the election results for the local public
question.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Elections.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(b) At least fifteen percent (15%) of the registered voters must vote in the election in order for the vote on the public question to be certified as provided by IC 3-12-4-9.
(1) a local or school board office with an election district located entirely within one (1) county, except for an office for which a declaration of candidacy is filed with the election division under IC 3-8-2; and
(2) a political party office, such as precinct committeeman or state
convention delegate, elected at a primary election.
After the county election board has tabulated the vote, the board shall
declare the candidate receiving the highest number of votes for each
office to be elected.
(b) The county election board shall tabulate the votes cast for and
against each local public question placed on the ballot by the county
election board under IC 3-10-9-2 and, if the local public question is
placed on the ballot only in that county, declare the public question
approved or rejected.
(c) The county election board shall tabulate the votes cast for and
against each public question voted on by the electorate of the whole
state.
(d) Subject to the requirements of IC 3-10-9-7, the board shall
certify the election results in a statement prepared by the circuit court
clerk.
(1) the name of each candidate;
(2) the elected offices;
(3) the total number of votes received by each candidate;
(4) the total number of votes received by each candidate and cast for and against each public question in each precinct;
(5) the total number of votes cast at the election; and
(6) a statement as to whether:
(A) the requirements of IC 3-10-9-7 have been met; and
(B) the vote on each local public question is certified.
(b) Notwithstanding IC 33-37-5-1, upon request by a candidate, the circuit court clerk shall prepare a copy of the statement for the candidate at a fee not to exceed twenty-five cents ($0.25) per page.
(1) to a local or school board office other than:
(A) one for which a town clerk-treasurer issues a certificate of election under IC 3-10-7-34; or
(B) one commissioned by the governor under IC 4-3-1-5; or
(2) a precinct committeeman or state convention delegate;
the circuit court clerk shall, when permitted under section 16 of this chapter, prepare and deliver to the candidate on demand a certificate of the candidate's election.
(b) This subsection applies to a local or school board office
described in subsection (a) with an election district located in more
than one (1) county and a local public question placed on the ballot in
more than one (1) county. The circuit court clerk of the county that
contains the greatest percentage of the population of the election
district shall, upon demand of the candidate or a person entitled to
request a recount of the votes cast on a public question under
IC 3-12-12:
(1) obtain the certified statement of the votes cast for that office
or on that question that was prepared under IC 3-12-4-9 from the
circuit court clerk in each other county in which the election
district is located;
(2) tabulate the total votes cast for that office or on that question
as shown on the certified statement of each county in the election
district; and
(3) issue a certificate of election to the candidate when permitted
under section 16 of this chapter, or if the requirements of
IC 3-10-9-7 were met, a certificate declaring the local public
question approved or rejected.
(1) A permit holder who satisfies all of the following:
(A) The permit holder was issued a permit before January 2, 1996.
(B) The permit holder conducted live racing before January 2, 1996.
(C) The permit holder is currently operating under the permit.
(2) A person who satisfies all of the following:
(A) The person was issued a satellite facility license before January 2, 1996.
(B) The person operated a satellite facility before January 2, 1996.
(C) The person is currently operating the satellite facility under the license.
(b) This section applies if either of the following apply:
(1) Both of the following are satisfied:
(A) An ordinance is adopted under section 2 or 2.5 of this chapter.
(B) The ordinance requires the voters of the county to approve either of the following:
(i) The conducting of horse racing meetings in the county.
(ii) The operation of a satellite facility in the county.
(2) A local public question is required to be held under section 2.7 of this chapter following the filing of a petition with the circuit court clerk:
(A) signed by at least the number of registered voters of the county required under IC 3-8-6-3 to place a candidate on the ballot; and
(B) requesting that the local public question set forth in subsection (d) be placed on the ballot.
(c) Notwithstanding any other provision of this article, the commission may not issue a recognized meeting permit under IC 4-31-5 to allow the conducting of or the assisting of the conducting of a horse racing meeting unless the voters of the county in which the property is located have approved conducting recognized meetings in the county.
(d) For a local public question required to be held under subsection (c), the county election board shall place the following question on the ballot in the county during the next general election:
"Shall horse racing meetings at which pari-mutuel wagering occurs be allowed in _____________ County?".
(e) Notwithstanding any other provision of this article, the commission may not issue a satellite facility license under IC 4-31-5.5 to operate a satellite facility unless the voters of the county in which the satellite facility will be located approve the operation of the satellite facility in the county.
(f) For a local public question required to be held under subsection (e), the county election board shall place the following question on the ballot in the county during the next general election:
"Shall satellite facilities at which pari-mutuel wagering occurs be allowed in _____________ County?".
(g) A public question under this section must be certified in accordance with IC 3-10-9-3 and shall be placed on the ballot in accordance with IC 3-10-9.
(h) Subject to the requirements of IC 3-10-9-7, the circuit court clerk of a county holding an election under this chapter shall certify the results determined under IC 3-12-4-9 to the commission and the department of state revenue.
(i) If a public question is placed on the ballot under subsection (d) or (f) in a county and the voters of the county do not vote in favor of the public question or the requirements of IC 3-10-9-7 are not met, a second public question under that subsection may not be held in the county for at least two (2) years. If the voters of the county vote to reject the public question or the requirements of IC 3-10-9-7 are not
met a second time, a third or subsequent public question under that
subsection may not be held in the county until the general election held
during the tenth year following the year of the previous public question
held under that subsection.
(1) a county contiguous to the Ohio River;
(2) a county containing a historic hotel district; and
(3) a county contiguous to Lake Michigan that has a population of less than four hundred thousand (400,000).
(b) Notwithstanding any other provision of this article, the commission may not:
(1) issue a license under this article to allow a riverboat to operate in the county; or
(2) enter into a contract with an operating agent under IC 4-33-6.5;
unless the voters of the county have approved the conducting of gambling games on riverboats in the county.
(c) If the docking of a riverboat in the county is approved by an ordinance adopted under section 18 of this chapter, or if at least the number of the registered voters of the county required under IC 3-8-6-3 for a petition to place a candidate on the ballot sign a petition submitted to the circuit court clerk requesting that a local public question concerning riverboat gaming be placed on the ballot, the county election board shall place the following question on the ballot in the county during the next primary or general election:
"Shall riverboat gambling be permitted in ____ County?".
(d) A public question under this section shall be placed on the ballot in accordance with IC 3-10-9 and must be certified in accordance with IC 3-10-9-3.
(e) Subject to the requirements of IC 3-10-9-7, the clerk of the circuit court of a county holding an election under this chapter shall certify the results determined under IC 3-12-4-9 to the commission and the department of state revenue.
(f) If a public question under this section is placed on the ballot in a county and the voters of the county do not vote in favor of permitting riverboat gambling under this article or the requirements of IC 3-10-9-7 are not met, a second public question under this section may not be held in that county for at least two (2) years. If the voters of the county vote to reject riverboat gambling or the requirements of IC 3-10-9-7 are not met a second time, a third or subsequent public
question under this section may not be held in that county until the
general election held during the tenth year following the year that the
previous public question was placed on the ballot.
(1) has a population of less than one hundred thousand (100,000); and
(2) is located in a county contiguous to Lake Michigan that has a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
(b) Notwithstanding any other provision of this article, the commission may not issue a license under this article to allow a riverboat to operate from a city to which this section applies unless the voters of the city have approved the conducting of gambling games on riverboats in the city.
(c) If the legislative body of the city approves the docking of a riverboat under section 19 of this chapter, or if at least the number of the registered voters of the city required under IC 3-8-6-3 for a petition to place a candidate on the ballot sign a petition submitted to the circuit court clerk requesting that a local public question concerning riverboat gaming be placed on the ballot, the county election board shall place the following question on the ballot in the city during the next general election:
"Shall licenses be issued to permit riverboat gambling in the City of _______?".
(d) A public question under this section shall be placed on the ballot in accordance with IC 3-10-9 and must be certified in accordance with IC 3-10-9-3.
(e) Subject to the requirements of IC 3-10-9-7, the clerk of the circuit court of a county holding an election under this chapter shall certify the results determined under IC 3-12-4-9 to the commission and the department of state revenue.
(f) If a public question under this section is placed on the ballot in a city and the voters of the city do not vote in favor of permitting riverboat gambling under this article or the requirements of IC 3-10-9-7 are not met, another public question under this section may not be held in that city for at least two (2) years.
controlled project described in section 3.5(a) of this chapter.
(b) If a sufficient petition requesting the application of the local
public question process has been filed as set forth in section 3.5 of this
chapter, a political subdivision may not impose property taxes to pay
debt service on bonds or lease rentals on a lease for a controlled project
unless the political subdivision's proposed debt service or lease rental
is approved in an election on a local public question held under this
section.
(c) Except as provided in subsection (j), the following question shall
be submitted to the eligible voters at the election conducted under this
section:
"Shall ________ (insert the name of the political subdivision)
issue bonds or enter into a lease to finance ___________ (insert
a brief description of the controlled project), which is estimated
to cost not more than _______ (insert the total cost of the project)
and is estimated to increase the property tax rate for debt service
by ___________ (insert increase in tax rate as determined by the
department of local government finance)?".
The public question must appear on the ballot in the form approved by
the county election board. If the political subdivision proposing to issue
bonds or enter into a lease is located in more than one (1) county, the
county election board of each county shall jointly approve the form of
the public question that will appear on the ballot in each county. The
form approved by the county election board may differ from the
language certified to the county election board by the county auditor.
(d) The county auditor shall certify the public question described in
subsection (c) under IC 3-10-9-3 to the county election board of each
county in which the political subdivision is located. The certification
must occur not later than noon:
(1) sixty (60) days before a primary election if the public question
is to be placed on the primary or municipal primary election
ballot; or
(2) August 1 if the public question is to be placed on the general
or municipal election ballot.
Subject to the certification requirements and deadlines under this
subsection and except as provided in subsection (j), the public question
shall be placed on the ballot at the next primary election, general
election, or municipal election in which all voters of the political
subdivision are entitled to vote. However, if a primary election, general
election, or municipal election will not be held during the first year in
which the public question is eligible to be placed on the ballot under
this section and if the political subdivision requests the public question
to be placed on the ballot at a special election, the public question shall
be placed on the ballot at a special election to be held on the first
Tuesday after the first Monday in May or November of the year. The
certification must occur not later than noon sixty (60) days before a
special election to be held in May (if the special election is to be held
in May) or noon on August 1 (if the special election is to be held in
November). However, in 2009, a political subdivision may hold a
special election under this section on any date scheduled for the special
election if notice of the special election was given before July 1, 2009,
to the election division of the secretary of state's office as provided in
IC 3-10-8-4. The fiscal body of the political subdivision that requests
the special election shall pay the costs of holding the special election.
The county election board shall give notice under IC 5-3-1 of a special
election conducted under this subsection. A special election conducted
under this subsection is under the direction of the county election
board. The county election board shall take all steps necessary to carry
out the special election.
(e) Subject to the requirements of IC 3-10-9-7, the circuit court
clerk shall certify the results of the public question to the following:
(1) The county auditor of each county in which the political
subdivision is located.
(2) The department of local government finance.
(f) Subject to the requirements of IC 6-1.1-18.5-8, the political
subdivision may issue the proposed bonds or enter into the proposed
lease rental if a majority of the eligible voters voting on the public
question vote in favor of the public question.
(g) If the requirements of IC 3-10-9-7 are not met or a majority
of the eligible voters voting on the public question vote in opposition
to the public question, both of the following apply:
(1) The political subdivision may not issue the proposed bonds or
enter into the proposed lease rental.
(2) Another public question under this section on the same or a
substantially similar project may not be submitted to the voters
earlier than one (1) year after the date of the election.
(h) IC 3, to the extent not inconsistent with this section, applies to
an election held under this section.
(i) A political subdivision may not artificially divide a capital
project into multiple capital projects in order to avoid the requirements
of this section and section 3.5 of this chapter.
(j) This subsection applies to a political subdivision for which a
petition requesting a public question has been submitted under section
3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
the political subdivision may adopt a resolution to withdraw a
controlled project from consideration in a public question. If the
legislative body provides a certified copy of the resolution to the county
auditor and the county election board not later than forty-nine (49) days
before the election at which the public question would be on the ballot,
the public question on the controlled project shall not be placed on the
ballot and the public question on the controlled project shall not be
held, regardless of whether the county auditor has certified the public
question to the county election board. If the withdrawal of a public
question under this subsection requires the county election board to
reprint ballots, the political subdivision withdrawing the public
question shall pay the costs of reprinting the ballots. If a political
subdivision withdraws a public question under this subsection that
would have been held at a special election and the county election
board has printed the ballots before the legislative body of the political
subdivision provides a certified copy of the withdrawal resolution to
the county auditor and the county election board, the political
subdivision withdrawing the public question shall pay the costs
incurred by the county in printing the ballots. If a public question on a
controlled project is withdrawn under this subsection, a public question
under this section on the same controlled project or a substantially
similar controlled project may not be submitted to the voters earlier
than one (1) year after the date the resolution withdrawing the public
question is adopted.
(k) If a public question regarding a controlled project is placed on
the ballot to be voted on at a public question under this section, the
political subdivision shall submit to the department of local
government finance, at least thirty (30) days before the election, the
following information regarding the proposed controlled project for
posting on the department's Internet web site:
(1) The cost per square foot of any buildings being constructed as
part of the controlled project.
(2) The effect that approval of the controlled project would have
on the political subdivision's property tax rate.
(3) The maximum term of the bonds or lease.
(4) The maximum principal amount of the bonds or the maximum
lease rental for the lease.
(5) The estimated interest rates that will be paid and the total
interest costs associated with the bonds or lease.
(6) The purpose of the bonds or lease.
(7) In the case of a controlled project proposed by a school
corporation:
(A) the current and proposed square footage of school building space per student;
(B) enrollment patterns within the school corporation; and
(C) the age and condition of the current school facilities.
(1) by education and experience, have such expert and technical knowledge and qualifications as to make a proper appraisal and valuation of the property of the type and nature involved in the sale;
(2) be a disinterested person; and
(3) not be a resident or taxpayer of the municipality.
(b) The appraisers shall:
(1) be sworn to make a just and true valuation of the property; and
(2) return their appraisal, in writing, to the municipal legislative body within the time fixed by the ordinance or resolution appointing them.
(c) If all three (3) appraisers cannot agree as to the appraised value, the appraisal, when signed by two (2) of the appraisers, constitutes a good and valid appraisal.
(d) If, after the return of the appraisal by the appraisers to the legislative body, the legislative body decides to proceed with the sale or disposition of the nonsurplus municipally owned utility property, the legislative body shall, not later than forty-five (45) days after the return of the appraisal, hold a public hearing to do the following:
(1) Review and explain the appraisal.
(2) Receive public comment on the proposed sale or disposition of the nonsurplus municipally owned utility property.
(3) Adopt an ordinance providing for the sale or disposition of the nonsurplus municipally owned utility property. The legislative body is not required to adopt an ordinance under this subdivision if, after the hearing, the legislative body determines it is not in the interest of the municipality to proceed with the sale or disposition.
Notice of the hearing shall be published in the manner prescribed by IC 5-3-1.
(e) The hearing on the ordinance providing for sale or disposition may not be held for thirty (30) days after notice is given as required by subsection (d).
(f) If:
(1) the legislative body adopts an ordinance under subsection
(d)(3); and
(2) within the thirty (30) day period described in subsection (e),
at least the number of the registered voters of the municipality
required under IC 3-8-6-3 for a petition to place a candidate on
the ballot sign and present a petition to the legislative body
opposing the sale or disposition;
the legislative body shall submit the question as to whether the sale or
disposition shall be made to the voters of the municipality at a special
or general election. In submitting the public question to the voters, the
legislative body shall certify the question to the county election board
of the county containing the greatest percentage of population of the
municipality under IC 3-10-9-3. The county election board shall adopt
a resolution setting forth the text of the public question and shall
submit the question as to whether the sale or disposition shall be made
to the voters of the municipality at a special or general election on a
date specified by the municipal legislative body. Pending the results of
an election under this subsection, the municipality may not take further
action to sell or dispose of the property as provided in the ordinance.
(g) Subject to the requirements of IC 3-10-9-7, if a majority of the
voters voting on the question vote for the sale or disposition, the
legislative body shall proceed to sell the property as provided in the
ordinance.
(h) If a majority of the voters voting on the question vote against the
sale or disposition or the requirements of IC 3-10-9-7 are not met,
the sale may not be made.
(i) If:
(1) the legislative body adopts an ordinance under subsection
(d)(3); and
(2) after the expiration of thirty (30) days as provided in
subsection (e), a petition is not filed;
the municipal legislative body may proceed to sell the property as
provided in the ordinance.
(1) the municipal works board;
(2) a board consisting of the members of the municipal legislative body;
(3) a utility service board established under subsection (f) or established before January 1, 1983, under IC 8-1-2-100 (repealed); or
(4) the board of directors of a department of waterworks established under IC 8-1.5-4.
The legislative body of a third class city also may adopt an ordinance under this subsection to provide for the control of any or all of its storm water facilities by a board described in subdivisions (1) through (4). An ordinance granting control of any or all of a third class city's storm water facilities to a board described in this subsection may be separate from or combined with an ordinance granting control of the third class city's municipally owned utilities to a board described in this subsection.
(b) If, at the time an ordinance is adopted under subsection (a) to grant control of any or all of a third class city's storm water facilities to a board described in subsection (a) the third class city has a department of storm water management under IC 8-1.5-5, the ordinance must specify a procedure for the transition of control of the affected storm water facilities from the board of directors of the department of storm water management to the board described in subsection (a).
(c) The registered voters of a municipality may file a petition addressed to the legislative body requesting that the question of the creation of a utility service board be submitted to a referendum. The petition must be signed by at least the number of the registered voters of the municipality required under IC 3-8-6-3 to place a candidate on the ballot.
(d) Within thirty (30) days after a petition is filed, the municipal clerk shall certify to the legislative body and to the county election board that a sufficient petition has been filed.
(e) Following certification, the legislative body shall submit the question of the creation of a utility service board to a referendum at the next election. The question shall be submitted to the registered voters of the municipality by placement on the ballot in the form prescribed by IC 3-10-9-4 and must state:
"Shall the legislative body of the municipality of _____________ adopt an ordinance providing for the appointment of a utility service board to operate ____________ (Insert name of utility here)?".
(f) Subject to the requirements of IC 3-10-9-7, if a majority of the voters voting on the question vote for the creation of a utility service board, the legislative body shall, by ordinance, establish a utility service board consisting of not less than three (3) nor more than seven (7) members. Not more than two-thirds (2/3) of the members may be of the same political party. All members must be residents of the area served by the board. The ordinance must provide for:
(1) a majority of the members to be appointed by the executive
and a minority of the members to be appointed by the legislative
body;
(2) the terms of the members, which may not exceed four (4)
years, with initial terms prescribed so that the members' terms will
be staggered;
(3) the salaries, if any, to be paid to the members; and
(4) the selection by the board of a chairman, who shall not be
considered the head of a department for purposes of IC 36-4-9-2.
(g) The registered voters of the municipality may also file a petition
requesting that the question of the abolition of the utility service board
be submitted to a referendum. The procedure for filing of the petition
and the referendum is the same as that prescribed by subsections (c)
through (e).
(h) If the requirements of IC 3-10-9-7 are not met by a
referendum held under this section, the legislative body may not
create or abolish a utility service board under this section as a
result of the referendum.
(b) Except as provided in subsection (a), a municipal legislative body that wants to be taken out of the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness may submit the following public question to the registered voters of the municipality at the next election in the form prescribed by IC 3-10-9-4:
"Shall the municipally owned utility be taken out of the jurisdiction of the utility regulatory commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness?".
(c) A municipal legislative body shall certify the public question to the county election board of the county that contains the greatest percentage of population of the municipality under IC 3-10-9-3 and submit the question under subsection (b) if it receives a petition that:
(1) is signed by at least the number of the registered voters of the municipality required under IC 3-8-6-3 to place a candidate on the ballot; and
(2) requests that the municipally owned utility be removed from
the jurisdiction of the commission for approval of rates and
charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness.
(d) Subject to the requirements of IC 3-10-9-7, if a majority of
those voting favor taking the municipally owned utility out of the
jurisdiction of the commission, the utility:
(1) is removed from the jurisdiction of the commission for
approval of rates and charges and of the issuance of stocks, bonds,
notes, or other evidence of indebtedness; and
(2) shall mail written notice of the withdrawal from commission
jurisdiction to the commission within thirty (30) days after the
utility's withdrawal.
(e) If the requirements of IC 3-10-9-7 are not met, the
municipally owned utility may not be taken out of the jurisdiction
of the utility regulatory commission for approval of rates and
charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness.
(1) Water utilities that are owned or operated by second class cities.
(2) Third class cities.
(3) Towns.
(b) In addition to section 9 of this chapter, a municipally owned utility to which this section applies may be removed from the jurisdiction of the commission for the approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness, if the municipal legislative body adopts an ordinance removing the utility from commission jurisdiction. The municipal legislative body shall, at least thirty (30) days before the final vote on the ordinance, mail written notice of the meeting to all ratepayers of the utility and to the commission. For a second class city the municipal legislative body must hold two (2) public meetings before the final vote on an ordinance removing the utility from commission jurisdiction may be adopted. An explanation of the removal process must be provided at each public meeting under this section. Each public meeting must be held in a different location.
(c) The ordinance described in subsection (b) takes effect sixty (60) days after adoption by the municipal legislative body.
(d) The question of removal from commission jurisdiction shall be submitted to the registered voters of the municipality if, within the sixty
(60) day period described in subsection (c), the legislative body
receives a petition:
(1) that is signed by at least the number of the registered voters of
the municipality required under IC 3-8-6-3 to place a candidate on
the ballot; and
(2) that requests the legislative body to submit the question of
removal from commission jurisdiction to the registered voters of
the municipality at the next election.
The municipal legislative body shall certify the public question in
subsection (e) to the county election board of the county that contains
the greatest percentage of population of the municipality under
IC 3-10-9-3.
(e) If the legislative body receives a petition described in subsection
(d) in the proper form, the legislative body shall submit the following
public question to the registered voters of the municipality at the next
election in the form prescribed by IC 3-10-9-4:
"Shall the municipally owned utility be taken out of the
jurisdiction of the Indiana utility regulatory commission for the
approval of rates and charges and of the issuance of stocks, bonds,
notes, or other evidence of indebtedness?".
The legislative body shall mail written notice of the referendum to the
commission at least ten (10) days before the date of the election.
(f) Subject to the requirements of IC 3-10-9-7, if a majority of
those voting on the question described in subsection (e) favor taking
the municipally owned utility out of the jurisdiction of the commission,
the utility is removed from the jurisdiction of the commission for
approval of rates and charges and of the issuance of stocks, bonds,
notes, or other evidences of indebtedness.
(g) If the legislative body receives a petition in proper form under
subsection (d), the ordinance does not take effect until after removal is
approved by a majority of those voting. If a majority of those voting
vote against removal or the requirements of IC 3-10-9-7 are not met,
the utility remains under the jurisdiction of the commission and the
ordinance does not take effect.
(h) In addition to the notice required by subsection (b), if the
municipal legislative body adopts the ordinance, described in
subsection (b), the municipal legislative body shall mail written notice
of the withdrawal from commission jurisdiction to the commission
within thirty (30) days after the ordinance becomes effective.
(i) Notwithstanding this section or section 9 of this chapter, the
commission may require a municipally owned utility that generates
electric power to provide information to the permanent forecasting
group under IC 8-1-8.5-3.5.
(j) This section does not affect the obligations of a municipally
owned utility under IC 8-1-2.3, IC 8-1-8.5, IC 8-1-22.5, or
IC 8-1.5-3-14.
(b) A municipal legislative body that wants to return a municipally owned utility to the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness may submit the following public question to the registered voters of the municipality at the next election in the form prescribed by IC 3-10-9-4:
"Shall the municipally owned utility be returned to the jurisdiction of the utility regulatory commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness?".
(c) A municipal legislative body shall certify the public question to the county election board of the county that contains the greatest percentage of population of the municipality under IC 3-10-9-3. The county election board shall submit the question under subsection (b) if it receives a petition that:
(1) is signed by at least the number of the registered voters of the municipality required under IC 3-8-6-3 to place a candidate on the ballot; and
(2) requests that the municipally owned utility be returned to the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness.
(d) Subject to the requirements of IC 3-10-9-7, if a majority of those voting favor returning the municipally owned utility to the jurisdiction of the commission, the utility is returned to the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness. If a majority of those voting disapprove of returning the municipally owned utility to the jurisdiction of the commission or the requirements of IC 3-10-9-7 are not met, an election may not be conducted on the public question of returning to the jurisdiction of the commission for four (4) years from the date of the last election on that public question.
(e) The public question of returning to the jurisdiction of the
commission may not be submitted to the registered voters of the
municipality at an election conducted within four (4) years after the
date the municipally owned utility was last withdrawn from
commission jurisdiction.
(f) If a municipally owned utility is returned to the jurisdiction of the
commission under this section, the municipal legislative body shall
mail written notice to the commission.
(b) The municipal legislative body may adopt an ordinance returning the municipally owned utility to the jurisdiction of the commission for the approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness if it receives a petition:
(1) that is signed by at least the number of the registered voters of the municipality required under IC 3-8-6-3 to place a candidate on the ballot; and
(2) that requests the legislative body to adopt an ordinance returning the municipally owned utility to the jurisdiction of the commission.
If the municipal legislative body fails to adopt an ordinance under this subsection within ninety (90) days after receipt of the petition, a petition requesting the adoption of an ordinance to return to commission jurisdiction may not be submitted for four (4) years from the date the last petition was submitted under this subsection.
(c) If the municipal legislative body fails to adopt the ordinance described in subsection (b) within ninety (90) days after receipt of the petition, the public question of the return to commission jurisdiction shall be submitted to the registered voters of the municipality if the legislative body receives a second petition:
(1) that is signed by at least the number of the registered voters of the municipality required under IC 3-8-6-3 to place a candidate on the ballot;
(2) that requests the legislative body to submit the question of the return to commission jurisdiction to the registered voters of the municipality at the next election; and
(3) that is submitted to the legislative body after the expiration of the ninety (90) day period described in this subsection.
The municipal legislative body shall certify the public question described in subsection (d) to the county election board of the county
that contains the greatest percentage of population of the municipality
under IC 3-10-9-3.
(d) If the legislative body receives a petition described in subsection
(c) in the proper form, the legislative body shall submit the following
public question to the registered voters of the municipality at the next
election in the form prescribed by IC 3-10-9-4:
"Shall the municipally owned utility be returned to the jurisdiction
of the utility regulatory commission for the approval of rates and
charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness?".
The legislative body shall mail written notice of the referendum to the
commission at least ten (10) days before the date of the election.
(e) Subject to the requirements of IC 3-10-9-7, if a majority of
those voting on the question described in subsection (d) favor returning
the municipally owned utility to the jurisdiction of the commission, the
utility is returned to the jurisdiction of the commission for approval of
rates and charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness. If a majority of those voting disapprove of
returning the municipally owned utility to the jurisdiction of the
commission or the requirements of IC 3-10-9-7 are not met, an
election may not be conducted on the public question of returning to
the jurisdiction of the commission for four (4) years from the date of
the last election on that public question.
(f) The public question of returning to the jurisdiction of the
commission may not be submitted to the registered voters of the
municipality at an election conducted within four (4) years after the
date the municipally owned utility was last withdrawn from
commission jurisdiction. In addition, a petition requesting the adoption
of an ordinance under subsection (b) may not be submitted within four
(4) years after the date the municipally owned utility was last
withdrawn from commission jurisdiction.
(g) If a municipally owned utility is returned to commission
jurisdiction under this section, the municipal legislative body shall mail
written notice to the commission.
(1) certify the public question under IC 3-10-9-3; and
(2) order the county election board to conduct a special election in which the registered voters residing in the proposed community school corporation may vote to determine whether the corporation will be created.
(b) If:
(1) a primary election at which county officials are nominated; or
(2) a general election at which county officials are elected;
and for which the question can be certified in compliance with IC 3-10-9-3 is to be held not later than six (6) months after the receipt by the chairperson of the county committee of the plan referred to in section 20(a) of this chapter, regardless of whether the ninety (90) day period referred to in subsection (a) has expired, the judge shall order the county election board to conduct the special election to be held in conjunction with the primary or general election.
(c) If a primary or general election will not be held in the six (6) month period referred to in subsection (b), the special election shall be held:
(1) not earlier than sixty (60) days; and
(2) not later than one hundred twenty (120) days;
after the expiration of the ninety (90) day period referred to in subsection (a).
(d) The county election board shall give notice under IC 5-3-1 of the special election referred to in subsection (a).
(e) The notice referred to in subsection (d) of a special election must:
(1) clearly state that the election is called to afford the registered voters an opportunity to approve or reject a proposal for the formation of a community school corporation;
(2) contain:
(A) a general description of the boundaries of the community school corporation as set out in the plan;
(B) a statement of the terms of adjustment of:
(i) property;
(ii) assets;
(iii) debts; and
(iv) liabilities;
of an existing school corporation that is to be divided in the creation of the community school corporation;
(C) the name of the community school corporation;
(D) the number of members comprising the board of school trustees; and
(E) the method of selecting the board of school trustees of the community school corporation; and
(3) designate the date, time, and voting place or places at which the election will be held.
(f) A special election referred to in subsection (a) is under the direction of the county election board in the county. The election board shall take all steps necessary to carry out the special election. If the special election is not conducted at a primary or general election, the cost of conducting the election is:
(1) charged to each component school corporation embraced in the community school corporation in the same proportion as the component school corporation's assessed valuation is to the total assessed valuation of the community school corporation; and
(2) paid:
(A) from any current operating fund not otherwise appropriated of; and
(B) without appropriation by;
each component school corporation.
If a component school corporation is to be divided and its territory assigned to two (2) or more community corporations, the component school corporation's cost of the special election is in proportion to the corporation's assessed valuation included in the community school corporation.
(g) The county election board shall place the public question on the ballot in the form prescribed by IC 3-10-9-4. The public question must state "Shall the (here insert name) community school corporation be formed as provided in the Reorganization Plan of the County Committee for the Reorganization of School Corporations?". Except as otherwise provided in this chapter, the election is governed by IC 3.
(h) Subject to the requirements of IC 3-10-9-7, if a majority of the votes cast at a special election referred to in subsection (a) on the public question are in favor of the formation of the corporation, a community school corporation is created and takes effect on the earlier of:
(1) the July 1; or
(2) the January 1;
that next follows the date of publication of the notice referred to in subsection (d). If the requirements of IC 3-10-9-7 are not met, the community school corporation may not be created.
(i) If a public official fails to perform a duty required of the official under this section within the time prescribed in this section, the omission does not invalidate the proceedings taken under this section.
(j) An action:
(1) to contest the validity of the formation or creation of a community school corporation under this section;
(2) to declare that a community school corporation:
(A) has not been validly formed or created; or
(B) is not validly existing; or
(3) to enjoin the operation of a community school corporation;
may not be instituted later than thirty (30) days after the date of the special election referred to in subsection (a).
(b) If a protest is filed in more than one (1) school corporation, the elections shall be held on the same day. Each county election board shall give notice by publication once each week for two (2) consecutive weeks in a newspaper of general circulation in the school corporation. If a newspaper is not published in the:
(1) township;
(2) town; or
(3) city;
the notice shall be published in the nearest newspaper published in the county or counties, that on a day and at an hour to be named in the notice, the polls will be open at the usual voting places in the various precincts in the corporation for taking the vote of the legal voters upon whether the school corporation shall be consolidated with the other school corporations joining in the resolution.
(c) The public question shall be placed on the ballot in the form provided by IC 3-10-9-4 and must state: "Shall (insert name of school corporation) be consolidated with (insert names of other school corporations)?".
(d) Notice shall be given not later than thirty (30) days after the petition is filed. The election shall be held not less than ten (10) days or more than twenty (20) days after the last publication of the notice.
(e) Subject to the requirements of IC 3-10-9-7, the governing body of each school corporation in which an election is held is bound by the majority vote of those voting. However, if the election falls within a period of not more than six (6) months before a primary or general election, the election shall be held concurrently with the primary or general election.
(f) If a majority of those voting in any one (1) school corporation votes against the plan of consolidation or the requirements of IC 3-10-9-7 are not met, the plan fails. However, the failure does not prevent any or all the school corporations from taking further initial action for the consolidation of school corporations under this chapter.
(g) Whenever twenty percent (20%) of the legal voters residing in any school corporation, jointly with twenty percent (20%) of the legal voters in each of one (1) or more other school corporations:
(1) prepare a resolution; and
(2) petition the trustees of their respective school corporations to consolidate the school corporations, as set out in the resolution;
each governing body petitioned shall call the school election provided for in this chapter in its school corporations.
(h) Notice of the election shall be published within thirty (30) days after the filing of the resolution with the governing body of the school corporation where it is last filed. However, if any of the petitioned governing bodies agrees to the consolidation as set out in the resolution, an election in that school corporation may not be required under the resolution.
(i) Notice as set out in this section shall be given, and a protest requesting an election may be filed in conformity with section 3 of this chapter.
(b) The county election board shall conduct the election. The public question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall (here insert the names of the school corporations that the resolution proposes to consolidate) be consolidated into a consolidated school corporation?".
(c) A brief statement of the provisions in the resolution for appointment or election of a governing body may be placed on the
ballot in the form prescribed by IC 3-10-9-4. A certificate of the votes
cast for and against the consolidation of the school corporations shall
be filed with:
(1) the governing body of the school corporations subject to the
election;
(2) the state superintendent; and
(3) the county recorder of each county in which a consolidated
school corporation is located;
together with a copy of the resolution.
(d) Subject to the requirements of IC 3-10-9-7, if a majority of the
votes cast at each of the elections is in favor of the consolidation of two
(2) or more school corporations, the trustees of the school corporations
shall proceed to consolidate the schools and provide the necessary
buildings and equipment. If the requirements of IC 3-10-9-7 are not
met, the school corporations may not be consolidated. In any school
corporation where a petition was not filed and an election was not held,
the failure on the part of the voters to file a petition for an election shall
be considered to give the consent of the voters of the school
corporation to the consolidation as set out in the resolution.
(e) If the special election is not conducted at a primary or general
election, the expense of the election shall be borne by the school
corporation or each of the school corporations subject to the election
and shall be paid out of the school general fund.
(1) The township trustee, board of school trustees, board of education, or other governing body (the trustee, board, or other governing body is referred to elsewhere in this section as the "governing body") of each school corporation to be consolidated shall:
(A) adopt substantially identical resolutions providing for the consolidation; and
(B) publish a notice setting out the text of the resolution one
(1) time under IC 5-3-1.
The resolution must set forth any provision for staggering the
terms of the board members of the metropolitan school district
elected under this chapter. If, not more than thirty (30) days after
publication of the resolution, a petition of protest, signed by at
least twenty percent (20%) of the registered voters residing in the
school corporation is filed with the clerk of the circuit court of
each county where the voters who are eligible to sign the petition
reside, a referendum election shall be held as provided in
subsection (c).
(2) Instead of the adoption of substantially identical resolutions in
each of the proposed consolidating school corporations under
subdivision (1), a referendum election under subsection (c) shall
be held on the occurrence of all of the following:
(A) At least twenty percent (20%) of the registered voters
residing in a particular school corporation sign a petition
requesting that the school corporation consolidate with another
school corporation (referred to in this subsection as "the
responding school corporation").
(B) The petition described in clause (A) is filed with the clerk
of the circuit court of each county where the voters who are
eligible to sign the petition reside.
(C) Not more than thirty (30) days after the service of the
petition by the clerk of the circuit court to the governing body
of the responding school corporation under subsection (b) and
the certification of signatures on the petition occurs under
subsection (b), the governing body of the responding school
corporation adopts a resolution approving the petition and
providing for the consolidation.
(D) An approving resolution has the same effect as the
substantially identical resolutions adopted by the governing
bodies under subdivision (1), and the governing bodies shall
publish the notice provided under subdivision (1) not more
than fifteen (15) days after the approving resolution is adopted.
However, if a governing body that is a party to the
consolidation fails to publish notice within the required fifteen
(15) day time period, a referendum election still must be held
as provided in subsection (c).
If the governing body of the responding school corporation does
not act on the petition within the thirty (30) day period described
in clause (C), the governing body's inaction constitutes a
disapproval of the petition request. If the governing body of the
responding school corporation adopts a resolution disapproving
the petition or fails to act within the thirty (30) day period, a
referendum election as described in subsection (c) may not be
held and the petition requesting the consolidation is defeated.
(b) Any petition of protest under subsection (a)(1) or a petition
requesting consolidation under subsection (a)(2) must show in the
petition the date on which each person has signed the petition and the
person's residence on that date. The petition may be executed in several
counterparts, the total of which constitutes the petition. Each
counterpart must contain the names of voters residing within a single
county and shall be filed with the clerk of the circuit court of the
county. Each counterpart must have attached to it the affidavit of the
person circulating the counterpart that each signature appearing on the
counterpart was affixed in that person's presence and is the true and
lawful signature of each person who made the signature. Any signer
may file the petition or any counterpart of the petition. Each signer on
the petition may before and may not after the filing with the clerk
withdraw the signer's name from the petition. A name may not be
added to the petition after the petition has been filed with the clerk.
After the receipt of any counterpart of the petition, each circuit court
clerk shall certify:
(1) the number of persons signing the counterpart;
(2) the number of persons who are registered voters residing
within that part of the school corporation located within the
clerk's county, as disclosed by the voter registration records in the
office of the clerk or the board of registration of the county, or
wherever registration records may be kept;
(3) the total number of registered voters residing within the
boundaries of that part of the school corporation located within
the county, as disclosed in the voter registration records; and
(4) the date of the filing of the petition.
Certification shall be made by each clerk of the circuit court not more
than thirty (30) days after the filing of the petition, excluding from the
calculation of the period any time during which the registration records
are unavailable to the clerk, or within any additional time as is
reasonably necessary to permit the clerk to make the certification. In
certifying the number of registered voters, the clerk of the circuit court
shall disregard any signature on the petition not made within the ninety
(90) days immediately before the filing of the petition with the clerk as
shown by the dates set out in the petition. The clerk of the circuit court
shall establish a record of the certification in the clerk's office and shall
serve the original petition and a copy of the certification on the county
election board under IC 3-10-9-3 and the governing bodies of each
affected school corporation. Service shall be made by mail or manual
delivery to the governing bodies, to any officer of the governing bodies,
or to the administrative office of the governing bodies, if any, and shall
be made for all purposes of this section on the day of the mailing or the
date of the manual delivery.
(c) The county election board in each county where the proposed
metropolitan school district is located, acting jointly where the
proposed metropolitan school district is created and where it is located
in more than one (1) county, shall cause any referendum election
required under either subsection (a)(1) or (a)(2) to be held in the entire
proposed metropolitan district at a special election. The special election
shall be not less than sixty (60) days and not more than ninety (90) days
after the service of the petition of protest and certification by each clerk
of the circuit court under subsection (a)(1) or (a)(2) or after the
occurrence of the first action requiring a referendum under subsection
(a)(2). However, if a primary or general election at which county
officials are to be nominated or elected, or at which city or town
officials are to be elected in those areas of the proposed metropolitan
school district that are within the city or town, is to be held after the
sixty (60) days and not more than six (6) months after the service or the
occurrence of the first action, each election board may hold the
referendum election with the primary or general election.
(d) Notice of the special election shall be given by each election
board by publication under IC 5-3-1.
(e) Except where it conflicts with this section or cannot be
practicably applied, IC 3 applies to the conduct of the referendum
election. If the referendum election is not conducted at a primary or
general election, the cost of conducting the election shall be charged to
each component school corporation included in the proposed
metropolitan school district in the same proportion as its assessed
valuation bears to the total assessed valuation of the proposed
metropolitan school district and shall be paid from any current
operating fund of each component school corporation not otherwise
appropriated, without appropriation.
(f) The question in the referendum election shall be placed on the
ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
school corporations of _________ be formed into one (1) metropolitan
school district under IC 20-23-7?" (in which blanks the respective
name of the school districts concerned will be inserted).
(g) If:
(1) a protest petition with the required signatures is not filed after
the adoption of substantially identical resolutions of the governing
bodies providing for or approving the consolidation as described
in subsection (a)(1); or
(2) subject to the requirements of IC 3-10-9-7, a referendum
election occurs in the entire proposed metropolitan district and a
majority of the voters in each proposed consolidating school
corporation vote in the affirmative;
a metropolitan school district is created and comes into existence in the
territory subject to the provisions and under the conditions described
in this chapter. The boundaries include all of the territory within the
school corporations, and it shall be known as "Metropolitan School
District of _______, Indiana" (the name of the district concerned will
be inserted in the blank). The name of the district shall be decided by
a majority vote of the metropolitan governing board of the metropolitan
school district at the first meeting. The metropolitan governing board
of the new metropolitan school district shall be composed and elected
under this chapter. The failure of any public official or body to perform
any duty within the time provided in this chapter does not invalidate
any proceedings taken by that official or body, but this provision shall
not be construed to authorize a delay in the holding of a referendum
election under this chapter.
(h) If the governing body of a school corporation is involved in a
consolidation proposal under subsection (a)(1) or (a)(2) that fails to
result in a consolidation or the requirements of IC 3-10-9-7 are not
met, the:
(1) governing body of the school corporation may not initiate a
subsequent consolidation with another school corporation under
subsection (a)(1); and
(2) residents of the school corporation may not file a petition
requesting a consolidation with another school corporation under
subsection (a)(2);
for one (1) year after the date on which the prior consolidation proposal
failed.
(b) As used in this section, "school township" means a school township in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township trustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the township trustee and the township board under subsection (g);
had an ADM of at least six hundred (600) students in kindergarten through grade 12 in the public schools of the school township; or
(2) is part of a township in which there were more votes cast for township trustee outside the school township than inside the school township in the general election at which the trustee was elected and that preceded the adoption of the preliminary or disapproving resolution.
(c) As used in this section, "township board" means the township board of a township in which the school township is located.
(d) As used in this section, "township trustee" means the township trustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may be created by complying with this section. A metropolitan school district created under this section shall have the same boundaries as the school township. After a district has been created under this section, the school township that preceded the metropolitan school district is abolished. The procedures or provisions governing the creation of a metropolitan school district under another section of this chapter do not apply to the creation of a district under this section. After a metropolitan school district is created under this section, the district shall, except as otherwise provided in this section, be governed by and operate in accordance with this chapter governing the operation of a metropolitan school district as established under section 2 of this chapter.
(f) Except as provided in subsection (g), a metropolitan school district provided for in subsection (e) may be created in the following manner:
(1) The township trustee shall call a meeting of the township board. At the meeting, the township trustee and a majority of the township board shall adopt a resolution that a metropolitan school district shall be created in the school township. The township trustee shall then give notice:
(A) by two (2) publications one (1) week apart in a newspaper of general circulation published in the school township; or
(B) if there is no newspaper as described in clause (A), in a newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the resolution.
(2) On the thirtieth day after the date of the last publication of the
notice under subdivision (1) and if a protest has not been filed, the
township trustee and a majority of the township board shall
confirm their preliminary resolution. If, however, on or before the
twenty-ninth day after the date of the last publication of the
notice, a number of registered voters of the school township,
equal to five percent (5%) or more of the number of votes cast in
the school township for secretary of state at the last preceding
general election for that office, sign and file with the township
trustee a petition requesting an election in the school township to
determine whether or not a metropolitan school district must be
created in the township in accordance with the preliminary
resolution, then an election must be held as provided in
subsection (h). The preliminary resolution and confirming
resolution provided in this subsection shall both be adopted at a
meeting of the township trustee and township board in which the
township trustee and each member of the township board received
or waived a written notice of the date, time, place, and purpose of
the meeting. The resolution and the proof of service or waiver of
the notice shall be made a part of the records of the township
board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for that
office, shall sign and file with the township trustee a petition
requesting the creation of a metropolitan school district under this
section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed as
provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the district.
(3) If either the township trustee or a majority of township board
members vote in favor of disapproving the resolution, an election
must be held to determine whether or not a metropolitan school
district shall be created in the school township in the same
manner as is provided in subsection (f) if an election is requested
by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or in
conjunction with a primary or general election to be held not more than
one hundred twenty (120) days after the filing of a petition under
subsection (f) or the adoption of the disapproving resolution under
subsection (g). The township trustee shall certify the question to the
county election board under IC 3-10-9-3 and give notice of an election:
(1) by two (2) publications one (1) week apart in a newspaper of
general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist, in
a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice, the
polls shall be opened at the usual voting places in the various precincts
in the school township for the purpose of taking the vote of the
registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more than
thirty (30) days after the last publication of the notice unless a primary
or general election will be conducted not more than six (6) months after
the publication. In that case, the county election board shall place the
public question on the ballot at the primary or general election. If the
election is to be a special election, the township trustee shall give
notice not more than thirty (30) days after the filing of the petition or
the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether a
metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this chapter.
The county election board shall conduct the election. The public
question shall be placed on the ballot in the form prescribed by
IC 3-10-9-4 and must state, "Shall a metropolitan school district under
IC 20-23-7 be formed in the ____________ School Township of
_____________ County, Indiana?". The name of the school township
shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in the
school township determined by the county election board. Subject to
the requirements of IC 3-10-9-7, the certificate of the votes cast for
and against the creation of a metropolitan school district shall be filed
in the records of the township board and recorded with the county
recorder. If the requirements of IC 3-10-9-7 are not met, a
metropolitan school corporation may not be created. If the special
election is not conducted at a primary or general election, the school
township shall pay the expense of holding the election out of the school
general fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this chapter, be created on the thirtieth day after the date of the adoption of the confirming resolution under subsection (f) or an election held under subsection (h). If a public official fails to do the official's duty within the time prescribed in this section, the failure does not invalidate the proceedings taken under this section. An action to contest the validity of the creation of a metropolitan school district under this section or to enjoin the operation of a metropolitan school district may not be instituted later than the thirtieth day following the date of the adoption of the confirming resolution under subsection (f) or of the election held under subsection (h). Except as provided in this section, an election under this subsection may not be held sooner than twelve (12) months after another election held under subsection (h).
(l) A metropolitan school district is known as "The Metropolitan School District of ____________ Township, ____________ County, Indiana". The first metropolitan board of education in a metropolitan school district created under this section consists of five (5) members. The township trustee and the township board members are ex officio members of the first board, subject to the laws concerning length of their respective terms of office, manner of election or appointment, and the filling of vacancies applicable to their respective offices. The ex officio members serve without compensation or reimbursement for expenses, other than that which they may receive from their respective offices. The township board shall, by a resolution recorded in its records, appoint the fifth member of the metropolitan board of education. The fifth member shall meet the qualifications of a member of a metropolitan board of education under this chapter, with the exception of the board member district requirements provided in sections 4, 5, and 8 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen (15) days after the date of the adoption of the confirming resolution under subsection (f)(2) or an election held under subsection (h). The first board shall hold its first meeting not more than fifteen (15) days after the date when the fifth board member is appointed or elected, on a date established by the township board in the resolution in which it appoints the fifth board member. The first board shall serve until July 1 following the election of a metropolitan school board at the first primary election held more than sixty (60) days following the creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under this section, the president of the metropolitan school board of the district shall serve as a member of the county board of education and perform
the duties on the county board of education that were previously
performed by the township trustee. The metropolitan school board and
superintendent of the district may call upon the assistance of and use
the services provided by the county superintendent of schools. This
subsection does not limit or take away the powers, rights, privileges, or
duties of the metropolitan school district or the board or superintendent
of the district provided in this chapter.
(1) At the expiration of one hundred twenty (120) days after the publication of notice by the governing body if:
(A) the governing body has initiated or approved the plan;
(B) a petition has not been filed either protesting the plan or setting forth an alternative plan; and
(C) the state board has reviewed and certified the plan.
(2) If only one (1) plan is on the ballot and, subject to the requirements of IC 3-10-9-7, it receives more affirmative than negative votes, the plan is adopted at the expiration of thirty (30) days following the special election.
(3) If more than one (1) plan is on the ballot and subject to the requirements of IC 3-10-9-7, the plan receiving the most votes is adopted at the expiration of thirty (30) days after the special election.
(b) The plan is effective:
(1) at the time provided in the plan; or
(2) if a time is not provided or if the time provided is inapplicable due to the lapse of time of the proceedings under this chapter, either on the January 1 or July 1 following the time of adoption of the plan.
(c) If the requirements of IC 3-10-9-7 are not met, the plan may not be adopted.
(1) a petition is filed with:
(A) the clerk of a municipality; or
(B) the trustee of any township;
that is signed by at least ten percent (10%) of the number of voters voting at the last general election held in the city; or
(2) a petition is presented that contains the signatures of at least
one hundred (100) freeholders living in a town or township;
that sets forth a question in the form prescribed by IC 3-10-9-4 and a
date for an election on the question, the question of exercising the
powers granted for any of the purposes enumerated in section 1 of this
chapter shall be submitted to the electors of the municipalities or
townships.
(b) The clerk or trustee shall certify the public question to the
county election board of each county in which the school corporation
is located. The county election board shall place the public question on
the ballot at the first primary or general election conducted after
certification under IC 3-10-9-3. If the first primary or general election
will be conducted more than six (6) months after certification, the
county election board shall conduct the election not later than thirty
(30) days after certification.
(c) Subject to the requirements of IC 3-10-9-7, if a majority of the
votes cast upon the question are affirmative:
(1) the board of school trustees of the municipality; or
(2) the school trustee of the school township;
shall exercise the powers in accordance with the petition under this
chapter.
(d) If the requirements of IC 3-10-9-7 are not met:
(1) the board of school trustees of the municipality; or
(2) the school trustee of the school township;
may not exercise the powers in accordance with the petition under
this chapter.
county fiscal body. Upon receiving the certification of all the votes cast
in the referendum, the county fiscal body shall promptly certify the
result of the referendum to the department of local government finance.
If the requirements of IC 3-10-9-7 have been met and a majority of
the individuals who voted in the referendum voted "yes" on the
referendum question:
(1) the county fiscal body shall promptly notify the school
corporation that the school corporation is authorized to collect, for
the calendar year that next follows the calendar year in which the
referendum is held, a levy not greater than the amount approved
in the referendum;
(2) the levy may be imposed for the number of calendar years
approved by the voters following the referendum for the school
corporation in which the referendum is held; and
(3) the school corporation shall establish a fund under
IC 20-40-3-1.
(1) the school corporation may not make any levy for its referendum tax levy fund; and
(2) another referendum under this section may not be held for one (1) year after the date of the referendum.
(b) The dissolution of a town under this section may be instituted by filing a petition with the county board of registration. The petition must be signed by at least the number of the registered voters of the town required to place a candidate on the ballot under IC 3-8-6-3. The petition must be filed not later than June 1 of a year in which a general or municipal election will be held.
(c) If a petition meets the criteria set forth in subsection (b), the county board of registration shall certify the public question to the county election board under IC 3-10-9-3. The county election board shall place the question of dissolution on the ballot provided for voters in the included town at the first general or municipal election following certification. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the town of ________ dissolve?".
(d) Subject to the requirements of IC 3-10-9-7, if the public question is approved by a majority of the voters voting on the question, the county election board shall file a copy of the certification prepared under IC 3-12-4-9 concerning the public question described by this section with the following:
(1) The circuit court clerk of the county.
(2) The office of the secretary of state.
If the requirements of IC 3-10-9-7 are not met, the county election board may not prepare a certification under IC 3-12-4-9, and a dissolution under this section may not occur.
(e) Except as provided in subsection (f), dissolution occurs:
(1) at least sixty (60) days after certification under IC 3-12-4-9; and
(2) when the certification is filed under subsection (d).
(f) A dissolution under this section may not take effect during the year preceding a year in which a federal decennial census is conducted. A dissolution under this section that would otherwise take effect during the year preceding a year in which the federal decennial census is conducted takes effect January 2 of the year in which a federal decennial census is conducted.
(g) When a town is dissolved under this section:
(1) the territory included within the town when the ordinance was adopted becomes a part of the consolidated city;
(2) the books and records of the town become the property of the county executive;
(3) the property owned by the town after payment of debts and liabilities shall be disposed of by the county executive; and
(4) the county executive shall deposit any proceeds remaining after payment of debts and liabilities into the county general fund.
(h) The dissolution of a town under this section does not affect the validity of a contract to which the town is a party.
(b) The legislative body may adopt a resolution to submit a public question on the number of legislative body members to the voters of the town. The resolution must state the following:
(1) The proposed number of legislative body members, which must be at least three (3) and not more than seven (7).
(2) The date of the general, municipal, or special election at which the public question will appear on the ballot.
(3) That the following question will be placed on the ballot in the form provided by IC 3-10-9-4:
"Shall the number of town council members be increased (or decreased, if applicable) from ___________ (insert the current number of members provided for) to _________ (insert the number of members proposed in the resolution)?".
(c) IC 3 applies to an election conducted under subsection (b). If the county election board will conduct the election at which the public question will be submitted, the question must be certified to the board under IC 3-10-9-3.
(d) If a majority of the votes cast on the question under subsection (b) are in the negative or the requirements of IC 3-10-9-7 are not met, the legislative body may not adopt a resolution under subsection (b) for at least one (1) year following the date the prior resolution was adopted.
(e) Subject to the requirements of IC 3-10-9-7, if a majority of votes cast on the question under subsection (b) are in the affirmative, the legislative body shall adopt an ordinance at its next regular meeting following the election altering the number of legislative body members to the number specified in the public question. The legislative body may also alter existing districts and establish new districts in the manner prescribed by IC 36-5-1-10.1. An ordinance adopted under this subsection becomes effective January 1 following its adoption.
(f) If the number of legislative body members is increased, the legislative body shall fill any resulting vacancy under IC 3-13-9-4. The legislative body may fill the vacancy before the ordinance described in subsection (e) takes effect. However, a town legislative body member appointed under this subsection does not assume office until the beginning of the term specified in section 3 of this chapter.
(1) the municipality or county has consolidated on an area basis its planning and zoning activity under other law; or
(2) a petition, requesting a referendum on the question "Shall the township withdraw from joinder with (the municipality), or (the county), for planning and zoning purposes?", is sent to the township executive and is signed by at least the number of the voters of the township required under IC 3-8-6-3 to place a
candidate on the ballot.
If the petition is received, the township executive shall certify the
petition to the county election board under IC 3-10-9-3. The board shall
place the question on a ballot to be submitted at the next general
election for the township in the form prescribed by IC 3-10-9-4. If the
township repays the amount expended for planning and zoning
purposes that exceeds the amount contributed by the township and,
subject to the requirements of IC 3-10-9-7, a majority of the voters
voting in the election vote in the affirmative, the township may
withdraw from its joinder with the municipality or county. If the
requirements of IC 3-10-9-7 are not met, the township may not
withdraw from its joinder with the municipality or county based
on the results of the election.
(b) Whenever the board has adopted a resolution under subsection (a), remonstrances may be filed by the affected voters within ninety (90) days after the last publication under subsection (a). Remonstrances must be signed in ink by the voter in person and state the address of each signer and that the signer is a registered voter. A person who signs a remonstrance when he is not a registered voter commits a Class D felony. More than one (1) voter may sign the same remonstrance.
(c) A vote on the public question shall be held if at least the number of the registered voters of the county required under IC 3-8-6-3 to place a candidate on the ballot file remonstrances under subsection (b) with the county clerk protesting the extension of the district.
(d) The county clerk shall certify to the county election board in accordance with IC 3-10-9-3 whether or not the required number of registered voters of the county have filed remonstrances. If sufficient remonstrances have been filed, the county election board shall publish a notice of the election once a week for two (2) consecutive weeks in accordance with IC 5-3-1-4, the first publication to be at least thirty (30) days before the date of the election. The question presented to the voters at the election shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the county park district
be established?". The election is governed by IC 3 whenever not in
conflict with this chapter. Subject to the requirements of
IC 3-10-9-7, the county election board shall make a return of the votes
cast at the referendum.
(e) If a majority of the votes cast are against the extension of the
district or the requirements of IC 3-10-9-7 are not met, the district
is not extended. If sufficient remonstrances are not filed or if a majority
of the votes cast support the extension of the district, the district is
extended.
(f) The extension of the district is effective on January 1 of the year
following the adoption of the resolution or, if an election is held, on
January 1 of the year following the date of the election.
(g) A municipality that becomes part of a district by reason of the
extension of the district under this section may continue to establish,
maintain, and operate parks and other recreational facilities under any
other law. The parks and other recreational facilities shall be operated
by the municipality separate from the parks and other recreational
facilities under the jurisdiction of the board in the same manner as they
would be operated by the municipality if it was not within the district.
(h) The operation of separate parks or recreational facilities by a
municipality does not affect the obligation of property owners within
the municipality to pay all taxes imposed on property within the
district.
(i) The legislative body of a municipality may elect that the separate
parks or other recreational facilities of the municipality be maintained
or operated as a part of the district by adopting a resolution or an
ordinance to that effect. The separate park or other recreational facility
comes under the jurisdiction of the board at the time specified in the
resolution or ordinance.
