Bill Text: IN SB0384 | 2011 | Regular Session | Introduced
Bill Title: Local referenda and petition and remonstrances.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Ways and Means [SB0384 Detail]
Download: Indiana-2011-SB0384-Introduced.html
Citations Affected: IC 6-1.1-20; IC 20-46-1.
Synopsis: Local referenda and petition and remonstrances. Specifies
that a school corporation may not adopt a resolution to place an
operating levy referendum on the ballot if the property tax levy to be
imposed under that referendum would be imposed in one or more years
in which another property tax levy is imposed under a previously
approved operating levy referendum. Provides that during the period
beginning with the adoption of a resolution by a school corporation to
place an operating levy referendum on the ballot and continuing
through the day on which the referendum is submitted to the voters, the
school corporation may not promote a position on the referendum by
taking certain actions. Specifies that a person or an organization that
has a contract or arrangement with a school corporation for the use of
any of the school corporation's facilities may not spend any money to
promote a position on a referendum. Specifies that in the case of a
school operating levy referendum or a referendum or petition and
remonstrance on a capital project, an elected or appointed official of
the political subdivision (including a school corporation) may at any
time: (1) personally advocate for or against a position on the
referendum or petition or remonstrance; or (2) discuss the referendum
or petition or remonstrance with any individual, group, or organization
or personally advocate for or against a position on the referendum or
petition or remonstrance before any individual, group, or organization;
so long as it is not done by using public funds.
Effective: July 1, 2011.
January 11, 2011, read first time and referred to Committee on Appropriations.
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
taxation.
(1) Allowing facilities or equipment, including mail and messaging systems, owned by the political subdivision to be used for public relations purposes to promote a position on the petition or remonstrance, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the political
subdivision.
(2) Making an expenditure of money from a fund controlled by
the political subdivision to promote a position on the petition or
remonstrance or to pay for the gathering of signatures on a
petition or remonstrance. This subdivision does not prohibit a
political subdivision from making an expenditure of money to an
attorney, an architect, registered professional engineer, a
construction manager, or a financial adviser for professional
services provided with respect to a controlled project.
(3) Using an employee to promote a position on the petition or
remonstrance during the employee's normal working hours or paid
overtime, or otherwise compelling an employee to promote a
position on the petition or remonstrance at any time.
(4) In the case of a school corporation, promoting a position on a
petition or remonstrance by:
(A) using students to transport written materials to their
residences or in any way directly involving students in a
school organized promotion of a position; or
(B) including a statement within another communication sent
to the students' residences.
However, this section does not prohibit an employee of the political
subdivision from carrying out duties with respect to a petition or
remonstrance that are part of the normal and regular conduct of the
employee's office or agency.
(b) A person may not solicit or collect signatures for a petition or
remonstrance on property owned or controlled by the political
subdivision.
(c) The staff and employees of a school corporation may not
personally identify a student as the child of a parent or guardian who
supports or opposes a petition or remonstrance.
(d) A person or an organization that has a contract or arrangement
(whether formal or informal) with a school corporation for the use of
any of the school corporation's facilities may not spend any money to
promote a position on the petition or remonstrance. A person or an
organization that violates this subsection commits a Class A infraction.
(e) An attorney, an architect, registered professional engineer, a
construction manager, or a financial adviser for professional services
provided with respect to a controlled project may not spend any money
to promote a position on the petition or remonstrance. A person who
violates this subsection:
(1) commits a Class A infraction; and
(2) is barred from performing any services with respect to the
controlled project.
(f) Notwithstanding subsection (a)(3), an elected or appointed
public official of the political subdivision (including any school board
member and school corporation superintendent) may at any time:
(1) personally advocate for or against a position on the petition or
remonstrance; or
(2) discuss the petition or remonstrance with any individual,
group, or organization or personally advocate for or against
a position on the petition or remonstrance before any
individual, group, or organization;
so long as it is not done by using public funds.
(b) During the period beginning with the adoption of the ordinance or resolution and continuing through the day on which a local public question is submitted to the voters of the political subdivision under section 3.6 of this chapter, the political subdivision seeking to issue bonds or enter into a lease for the proposed controlled project may not promote a position on the local public question by doing any of the following:
(1) Allowing facilities or equipment, including mail and messaging systems, owned by the political subdivision to be used for public relations purposes to promote a position on the local public question, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the political subdivision.
(2) Making an expenditure of money from a fund controlled by the political subdivision to promote a position on the local public question. This subdivision does not prohibit a political subdivision from making an expenditure of money to an attorney, an architect, a registered professional engineer, a construction manager, or a financial adviser for professional services provided with respect to a controlled project.
(3) Using an employee to promote a position on the local public question during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the local public question at any time.
(4) In the case of a school corporation, promoting a position on a local public question by:
(A) using students to transport written materials to their residences or in any way directly involving students in a school organized promotion of a position; or
(B) including a statement within another communication sent to the students' residences.
However, this section does not prohibit an employee of the political subdivision from carrying out duties with respect to a local public question that are part of the normal and regular conduct of the employee's office or agency.
(c) The staff and employees of a school corporation may not personally identify a student as the child of a parent or guardian who supports or opposes a controlled project subject to a local public question held under section 3.6 of this chapter.
(d) A person or an organization that has a contract or arrangement (whether formal or informal) with a school corporation for the use of any of the school corporation's facilities may not spend any money to promote a position on a local public question. A person or an organization that violates this subsection commits a Class A infraction.
(e) An attorney, an architect, a registered professional engineer, a construction manager, or a financial adviser for professional services provided with respect to a controlled project may not spend any money to promote a position on a local public question. A person who violates this subsection:
(1) commits a Class A infraction; and
(2) is barred from performing any services with respect to the controlled project.
(f) Notwithstanding subsection (b)(3), an elected or appointed public official of the political subdivision (including any school board member and school corporation superintendent) may at any time:
(1) personally advocate for or against a position on the local public question; or
(2) discuss the public question with any individual, group, or organization or otherwise personally advocate for or against a position on the public question before any individual, group, or organization;
so long as it is not done by using public funds.
(g) A student may use school equipment or facilities to report or editorialize about a local public question as part of the news coverage of the referendum by student newspaper or broadcast.
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) Subject to this chapter, the governing body
of a school corporation may adopt a resolution to place a referendum
under this chapter on the ballot for either of the following purposes:
(1) The governing body of the school corporation determines that
it cannot, in a calendar year, carry out its public educational duty
unless it imposes a referendum tax levy under this chapter.
(2) The governing body of the school corporation determines that
a referendum tax levy under this chapter should be imposed to
replace property tax revenue that the school corporation will not
receive because of the application of the credit under
IC 6-1.1-20.6.
(b) The governing body of the school corporation shall certify a
copy of the resolution to the department of local government finance
and the county fiscal body of each county in which the school
corporation is located.
(c) A school corporation may not adopt a resolution to place a
referendum under this chapter on the ballot if the property tax
levy to be imposed under that referendum would be imposed in one
(1) or more years in which another property tax levy is imposed
under a referendum previously approved by the voters under this
chapter.
(1) Allowing facilities or equipment, including mail and messaging systems, owned by the school corporation to be used for public relations purposes to promote a position on the referendum, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the school corporation.
(2) Making an expenditure of money from a fund controlled by the school corporation to promote a position on the referendum.
(3) Using an employee to promote a position on the referendum during the employee's normal working hours or paid overtime, or otherwise compelling an employee to
promote a position on the referendum at any time.
(4) Promoting a position on the referendum by:
(A) using students to transport written materials to their
residences or in any way directly involving students in a
school organized promotion of a position; or
(B) including a statement within another communication
sent to the students' residences.
However, this section does not prohibit an employee of the school
corporation from carrying out duties with respect to a referendum
that are part of the normal and regular conduct of the employee's
office or agency.
(b) The staff and employees of a school corporation may not
personally identify a student as the child of a parent or guardian
who supports or opposes the referendum.
(c) A person or an organization that has a contract or
arrangement (whether formal or informal) with a school
corporation for the use of any of the school corporation's facilities
may not spend any money to promote a position on a referendum.
A person or an organization that violates this subsection commits
a Class A infraction.
(d) Notwithstanding subsection (a)(3), an elected or appointed
school board member or a school corporation superintendent may
at any time:
(1) personally advocate for or against a position on a
referendum; or
(2) discuss the referendum with any individual, group, or
organization or personally advocate for or against a position
on a referendum before any individual, group, or
organization;
so long as it is not done by using public funds.
(e) A student may use school equipment or facilities to report or
editorialize about a local public question as part of the news
coverage of the referendum by a student newspaper or broadcast.
