CHAPTER 20. PROCEDURES FOR ISSUANCE OF BONDS AND OTHER EVIDENCES OF INDEBTEDNESS BY POLITICAL SUBDIVISIONS
IC 6-1.1-20
Chapter 20. Procedures for Issuance of Bonds and Other
Evidences of Indebtedness by Political Subdivisions
IC 6-1.1-20-1
"Bonds" defined
Sec. 1. For purposes of this chapter, the term "bonds" means any
bonds or other evidences of indebtedness payable from property
taxes, but does not include:
(1) notes representing loans under IC 36-2-6-18, IC 36-3-4-22,
IC 36-4-6-20, or IC 36-5-2-11 which are payable within five (5)
years after issuance;
(2) warrants representing temporary loans which are payable
out of taxes levied and in the course of collection;
(3) a lease;
(4) obligations; or
(5) funding, refunding, or judgment funding bonds of political
subdivisions.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.37-1988,
SEC.8; P.L.25-1995, SEC.39; P.L.146-2008, SEC.187.
IC 6-1.1-20-1.1
"Controlled project" defined
Sec. 1.1. As used in this chapter, "controlled project" means any
project financed by bonds or a lease, except for the following:
(1) A project for which the political subdivision reasonably
expects to pay:
(A) debt service; or
(B) lease rentals;
from funds other than property taxes that are exempt from the
levy limitations of IC 6-1.1-18.5 or (before January 1, 2009)
IC 20-45-3. A project is not a controlled project even though the
political subdivision has pledged to levy property taxes to pay
the debt service or lease rentals if those other funds are
insufficient.
(2) A project that will not cost the political subdivision more
than the lesser of the following:
(A) Two million dollars ($2,000,000).
(B) An amount equal to one percent (1%) of the total gross
assessed value of property within the political subdivision on
the last assessment date, if that amount is at least one million
dollars ($1,000,000).
(3) A project that is being refinanced for the purpose of
providing gross or net present value savings to taxpayers.
(4) A project for which bonds were issued or leases were
entered into before January 1, 1996, or where the state board of
tax commissioners has approved the issuance of bonds or the
execution of leases before January 1, 1996.
(5) A project that is required by a court order holding that a
federal law mandates the project.
(6) A project that:
(A) is in response to:
(i) a natural disaster;
(ii) an accident; or
(iii) an emergency;
in the political subdivision that makes a building or facility
unavailable for its intended use; and
(B) is approved by the county council of each county in
which the political subdivision is located.
(7) A project that was not a controlled project under this section
as in effect on June 30, 2008, and for which:
(A) the bonds or lease for the project were issued or entered
into before July 1, 2008; or
(B) the issuance of the bonds or the execution of the lease
for the project was approved by the department of local
government finance before July 1, 2008.
As added by P.L.25-1995, SEC.40. Amended by P.L.178-2002,
SEC.30; P.L.2-2006, SEC.51; P.L.146-2008, SEC.188.
IC 6-1.1-20-1.2
"Debt service" defined
Sec. 1.2. As used in this chapter, "debt service" means principal
of and interest on bonds. The term includes the repayment of an
advance from the common school fund under IC 20-49-4-8.
As added by P.L.25-1995, SEC.41. Amended by P.L.2-2006, SEC.52.
IC 6-1.1-20-1.3
"Lease" defined
Sec. 1.3. As used in this chapter, "lease" means a lease by a
political subdivision of any project with lease rentals payable from
property taxes that are exempt from the levy limitations of
IC 6-1.1-18.5 or (before January 1, 2009) IC 20-45-3.
As added by P.L.25-1995, SEC.42. Amended by P.L.2-2006, SEC.53;
P.L.146-2008, SEC.189.
IC 6-1.1-20-1.4
"Lease rentals" defined
Sec. 1.4. As used in this chapter, "lease rentals" means the
payments required under a lease.
As added by P.L.25-1995, SEC.43.
IC 6-1.1-20-1.5
"Obligations" defined
Sec. 1.5. As used in this chapter, "obligations" refers to a contract
or promise to pay of a political subdivision that would be considered
a bond or lease under this chapter but for the fact that it is payable
solely from funds other than property taxes.
As added by P.L.25-1995, SEC.44.
IC 6-1.1-20-1.6
"Property taxes" defined
Sec. 1.6. As used in this chapter, "property taxes" means a
property tax rate or levy to pay debt service or to pay lease rentals,
but does not include taxes allocated for an allocation area under
IC 6-1.1-39-5, IC 8-22-3.5-9, IC 36-7-14-39, IC 36-7-15.1-26, or
IC 36-7-15.1-53.
As added by P.L.25-1995, SEC.45. Amended by P.L.102-1999,
SEC.1.
IC 6-1.1-20-1.7
"Project" defined
Sec. 1.7. As used in this chapter, "project" means any project or
purpose for which a political subdivision may issue bonds or enter
into leases, including a sale-lease back of an existing building.
As added by P.L.25-1995, SEC.46.
IC 6-1.1-20-1.8
"County voter registration office" defined
Sec. 1.8. As used in this chapter, "county voter registration office"
means the following:
(1) A board of registration established under IC 3-7-12 or by a
county executive acting under IC 3-7-12.
(2) A board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(3) The office of the circuit court clerk of a county in which a
board has not been established as described in subdivision (1)
or (2).
As added by P.L.219-2007, SEC.58.
IC 6-1.1-20-1.9
"Registered voter", "eligible voter", and "owner of property"
defined
Sec. 1.9. (a) As used in this chapter, "registered voter" means the
following:
(1) In the case of a petition under section 3.1 of this chapter to
initiate a petition and remonstrance process, an individual who
is registered to vote in the political subdivision on the date the
county voter registration board makes the determination under
section 3.1(b)(8) of this chapter regarding whether persons who
signed the petition are registered voters.
(2) In the case of:
(A) a petition under section 3.2 of this chapter in favor of the
proposed debt service or lease payments; or
(B) a remonstrance under section 3.2 of this chapter against
the proposed debt service or lease payments;
an individual who is registered to vote in the political
subdivision on the date the county voter registration board
makes the determination under section 3.2(b)(5) of this chapter
regarding whether persons who signed the petition or
remonstrance are registered voters.
(3) In the case of a petition under section 3.5 of this chapter
requesting the application of the local public question process
under section 3.6 of this chapter concerning proposed debt
service or lease payments, an individual who is registered to
vote in the political subdivision on the date the county voter
registration board makes the determination under section
3.5(b)(8) of this chapter regarding whether persons who signed
the petition are registered voters.
(b) As used in this chapter, in the case of an election on a public
question held under section 3.6 of this chapter, "eligible voter"
means an individual who:
(1) is eligible to vote in the election in the political subdivision
in which the public question will be held, as determined under
IC 3; and
(2) resides within the boundaries of the political subdivision for
which the public question is being considered.
(c) As used in this chapter, "owner of property" means a person
that owns:
(1) real property;
(2) a mobile home assessed as personal property, used as a
principal place of residence, and receiving the standard property
tax deduction under IC 6-1.1-12-37; or
(3) a manufactured home assessed as personal property, used as
a principal place of residence, and receiving the standard
property tax deduction under IC 6-1.1-12-37.
As added by P.L.219-2007, SEC.59. Amended by P.L.146-2008,
SEC.190; P.L.182-2009(ss), SEC.142; P.L.41-2010, SEC.1.
IC 6-1.1-20-2
Lease obligations and issuance of instruments authorized
Sec. 2. A political subdivision may, subject to the limitations
provided by law, issue any bonds, notes, or warrants, or enter into
any leases or obligations that it considers necessary.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.25-1995,
SEC.47.
IC 6-1.1-20-3
Repealed
(Repealed by P.L.25-1995, SEC.94.)
IC 6-1.1-20-3.1 Version a
Procedures to be completed by political subdivision before
imposing property taxes for bonds or lease for certain projects
Note: This version of section amended by P.L.41-2010, SEC.2.
See also following version of this section amended by P.L.113-2010,
SEC.33.
Sec. 3.1. (a) This section applies only to the following:
(1) A controlled project (as defined in section 1.1 of this
chapter as in effect June 30, 2008) for which the proper officers
of a political subdivision make a preliminary determination in
the manner described in subsection (b) before July 1, 2008.
(2) An elementary school building, middle school building, or
other school building for academic instruction that:
(A) is a controlled project;
(B) will be used for any combination of kindergarten through
grade 8;
(C) will not be used for any combination of grade 9 through
grade 12; and
(D) will not cost more than ten million dollars
($10,000,000).
(3) A high school building or other school building for
academic instruction that:
(A) is a controlled project;
(B) will be used for any combination of grade 9 through
grade 12;
(C) will not be used for any combination of kindergarten
through grade 8; and
(D) will not cost more than twenty million dollars
($20,000,000).
(4) Any other controlled project that:
(A) is not a controlled project described in subdivision (1),
(2), or (3); and
(B) will not cost the political subdivision more than the
lesser of the following:
(i) Twelve million dollars ($12,000,000).
(ii) An amount equal to one percent (1%) of the total gross
assessed value of property within the political subdivision
on the last assessment date, if that amount is at least one
million dollars ($1,000,000).
(b) A political subdivision may not impose property taxes to pay
debt service on bonds or lease rentals on a lease for a controlled
project without completing the following procedures:
(1) The proper officers of a political subdivision shall:
(A) publish notice in accordance with IC 5-3-1; and
(B) send notice by first class mail to any organization that
delivers to the officers, before January 1 of that year, an
annual written request for such notices;
of any meeting to consider adoption of a resolution or an
ordinance making a preliminary determination to issue bonds or
enter into a lease and shall conduct a public hearing on a
preliminary determination before adoption of the resolution or
ordinance.
(2) When the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease
for a controlled project, the officers shall give notice of the
preliminary determination by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the organizations described in
subdivision (1)(B).
(3) A notice under subdivision (2) of the preliminary
determination of the political subdivision to issue bonds or
enter into a lease for a controlled project must include the
following information:
(A) The maximum term of the bonds or lease.
(B) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(C) The estimated interest rates that will be paid and the
total interest costs associated with the bonds or lease.
(D) The purpose of the bonds or lease.
(E) A statement that any owners of property within the
political subdivision or registered voters residing within the
political subdivision who want to initiate a petition and
remonstrance process against the proposed debt service or
lease payments must file a petition that complies with
subdivisions (4) and (5) not later than thirty (30) days after
publication in accordance with IC 5-3-1.
(F) With respect to bonds issued or a lease entered into to
open:
(i) a new school facility; or
(ii) an existing facility that has not been used for at least
three (3) years and that is being reopened to provide
additional classroom space;
the estimated costs the school corporation expects to incur
annually to operate the facility.
(G) A statement of whether the school corporation expects
to appeal for a new facility adjustment (as defined in
IC 20-45-1-16 before January 1, 2009) for an increased
maximum permissible tuition support levy to pay the
estimated costs described in clause (F).
(H) The political subdivision's current debt service levy and
rate and the estimated increase to the political subdivision's
debt service levy and rate that will result if the political
subdivision issues the bonds or enters into the lease.
(4) After notice is given, a petition requesting the application of
a petition and remonstrance process may be filed by the lesser
of:
(A) one hundred (100) persons who are either owners of
property within the political subdivision or registered voters
residing within the political subdivision; or
(B) five percent (5%) of the registered voters residing within
the political subdivision.
(5) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office or the county voter registration office's
designated printer the petition forms to be used solely in the
petition process described in this section. The county voter
registration office shall issue to an owner or owners of property
within the political subdivision or a registered voter residing
within the political subdivision the number of petition forms
requested by the owner or owners or the registered voter. Each
form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of property or
registered voters;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature; and
(D) govern the closing date for the petition period.
Persons requesting forms may be required to identify
themselves as owners of property or registered voters and may
be allowed to pick up additional copies to distribute to other
owners of property or registered voters. Each person signing a
petition must indicate whether the person is signing the petition
as a registered voter within the political subdivision or is
signing the petition as the owner of property within the political
subdivision. A person who signs a petition as a registered voter
must indicate the address at which the person is registered to
vote. A person who signs a petition as an owner of property
must indicate the address of the property owned by the person
in the political subdivision.
(6) Each petition must be verified under oath by at least one (1)
qualified petitioner in a manner prescribed by the state board of
accounts before the petition is filed with the county voter
registration office under subdivision (7).
(7) Each petition must be filed with the county voter
registration office not more than thirty (30) days after
publication under subdivision (2) of the notice of the
preliminary determination.
(8) The county voter registration office shall determine whether
each person who signed the petition is a registered voter. The
county voter registration office shall not more than fifteen (15)
business days after receiving a petition forward a copy of the
petition to the county auditor. Not more than ten (10) business
days after receiving the copy of the petition, the county auditor
shall provide to the county voter registration office a statement
verifying:
(A) whether a person who signed the petition as a registered
voter but is not a registered voter, as determined by the
county voter registration office, is the owner of property in
the political subdivision; and
(B) whether a person who signed the petition as an owner of
property within the political subdivision does in fact own
property within the political subdivision.
(9) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (8) make the final determination of
the number of petitioners that are registered voters in the
political subdivision and, based on the statement provided by
the county auditor, the number of petitioners that own property
within the political subdivision. Whenever the name of an
individual who signs a petition form as a registered voter
contains a minor variation from the name of the registered voter
as set forth in the records of the county voter registration office,
the signature is presumed to be valid, and there is a presumption
that the individual is entitled to sign the petition under this
section. Except as otherwise provided in this chapter, in
determining whether an individual is a registered voter, the
county voter registration office shall apply the requirements and
procedures used under IC 3 to determine whether a person is a
registered voter for purposes of voting in an election governed
by IC 3. However, an individual is not required to comply with
the provisions concerning providing proof of identification to
be considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition only one (1) time in a
particular petition and remonstrance process under this chapter,
regardless of whether the person owns more than one (1) parcel
of real property, mobile home assessed as personal property, or
manufactured home assessed as personal property or a
combination of those types of property within the subdivision
and regardless of whether the person is both a registered voter
in the political subdivision and the owner of property within the
political subdivision. Notwithstanding any other provision of
this section, if a petition is presented to the county voter
registration office within forty-five (45) days before an election,
the county voter registration office may defer acting on the
petition, and the time requirements under this section for action
by the county voter registration office do not begin to run until
five (5) days after the date of the election.
(10) The county voter registration office must file a certificate
and each petition with:
(A) the township trustee, if the political subdivision is a
township, who shall present the petition or petitions to the
township board; or
(B) the body that has the authority to authorize the issuance
of the bonds or the execution of a lease, if the political
subdivision is not a township;
within thirty-five (35) business days of the filing of the petition
requesting a petition and remonstrance process. The certificate
must state the number of petitioners that are owners of property
within the political subdivision and the number of petitioners
who are registered voters residing within the political
subdivision.
If a sufficient petition requesting a petition and remonstrance process
is not filed by owners of property or registered voters as set forth in
this section, the political subdivision may issue bonds or enter into
a lease by following the provisions of law relating to the bonds to be
issued or lease to be entered into.
As added by P.L.25-1995, SEC.48. Amended by P.L.53-1996, SEC.2;
P.L.56-1997, SEC.1; P.L.178-2002, SEC.31; P.L.1-2004, SEC.30
and P.L.23-2004, SEC.33; P.L.2-2006, SEC.54; P.L.219-2007,
SEC.60; P.L.146-2008, SEC.191; P.L.182-2009(ss), SEC.143;
P.L.41-2010, SEC.2.
IC 6-1.1-20-3.1 Version b
Procedures required before imposing property taxes for bonds or
lease for certain projects; petition requesting initiation of petition
and remonstrance process
Note: This version of section amended by P.L.113-2010, SEC.33.
See also preceding version of this section amended by P.L.41-2010,
SEC.2.
Sec. 3.1. (a) This section applies only to the following:
(1) A controlled project (as defined in section 1.1 of this
chapter as in effect June 30, 2008) for which the proper officers
of a political subdivision make a preliminary determination in
the manner described in subsection (b) before July 1, 2008.
(2) An elementary school building, middle school building, or
other school building for academic instruction that:
(A) is a controlled project;
(B) will be used for any combination of kindergarten through
grade 8;
(C) will not be used for any combination of grade 9 through
grade 12; and
(D) will not cost more than ten million dollars
($10,000,000).
(3) A high school building or other school building for
academic instruction that:
(A) is a controlled project;
(B) will be used for any combination of grade 9 through
grade 12;
(C) will not be used for any combination of kindergarten
through grade 8; and
(D) will not cost more than twenty million dollars
($20,000,000).
(4) Any other controlled project that:
(A) is not a controlled project described in subdivision (1),
(2), or (3); and
(B) will not cost the political subdivision more than the
lesser of the following:
(i) Twelve million dollars ($12,000,000).
(ii) An amount equal to one percent (1%) of the total gross
assessed value of property within the political subdivision
on the last assessment date, if that amount is at least one
million dollars ($1,000,000).
(b) A political subdivision may not impose property taxes to pay
debt service on bonds or lease rentals on a lease for a controlled
project without completing the following procedures:
(1) The proper officers of a political subdivision shall:
(A) publish notice in accordance with IC 5-3-1; and
(B) send notice by first class mail to the circuit court clerk
and to any organization that delivers to the officers, before
January 1 of that year, an annual written request for such
notices;
of any meeting to consider adoption of a resolution or an
ordinance making a preliminary determination to issue bonds or
enter into a lease and shall conduct a public hearing on a
preliminary determination before adoption of the resolution or
ordinance.
(2) When the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease
for a controlled project, the officers shall give notice of the
preliminary determination by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the circuit court clerk and to the
organizations described in subdivision (1)(B).
(3) A notice under subdivision (2) of the preliminary
determination of the political subdivision to issue bonds or
enter into a lease for a controlled project must include the
following information:
(A) The maximum term of the bonds or lease.
(B) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(C) The estimated interest rates that will be paid and the
total interest costs associated with the bonds or lease.
(D) The purpose of the bonds or lease.
(E) A statement that any owners of real property within the
political subdivision or registered voters residing within the
political subdivision who want to initiate a petition and
remonstrance process against the proposed debt service or
lease payments must file a petition that complies with
subdivisions (4) and (5) not later than thirty (30) days after
publication in accordance with IC 5-3-1.
(F) With respect to bonds issued or a lease entered into to
open:
(i) a new school facility; or
(ii) an existing facility that has not been used for at least
three (3) years and that is being reopened to provide
additional classroom space;
the estimated costs the school corporation expects to incur
annually to operate the facility.
(G) A statement of whether the school corporation expects
to appeal for a new facility adjustment (as defined in
IC 20-45-1-16 before January 1, 2009) for an increased
maximum permissible tuition support levy to pay the
estimated costs described in clause (F).
(H) The political subdivision's current debt service levy and
rate and the estimated increase to the political subdivision's
debt service levy and rate that will result if the political
subdivision issues the bonds or enters into the lease.
(4) After notice is given, a petition requesting the application of
a petition and remonstrance process may be filed by the lesser
of:
(A) one hundred (100) persons who are either owners of real
property within the political subdivision or registered voters
residing within the political subdivision; or
(B) five percent (5%) of the registered voters residing within
the political subdivision.
(5) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office or the county voter registration office's
designated printer the petition forms to be used solely in the
petition process described in this section. The county voter
registration office shall issue to an owner or owners of real
property within the political subdivision or a registered voter
residing within the political subdivision the number of petition
forms requested by the owner or owners or the registered voter.
Each form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of real property
or registered voters;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature; and
(D) govern the closing date for the petition period.
Persons requesting forms may be required to identify
themselves as owners of real property or registered voters and
may be allowed to pick up additional copies to distribute to
other property owners or registered voters. Each person signing
a petition must indicate whether the person is signing the
petition as a registered voter within the political subdivision or
is signing the petition as the owner of real property within the
political subdivision. A person who signs a petition as a
registered voter must indicate the address at which the person
is registered to vote. A person who signs a petition as a real
property owner must indicate the address of the real property
owned by the person in the political subdivision.
(6) Each petition must be verified under oath by at least one (1)
qualified petitioner in a manner prescribed by the state board of
accounts before the petition is filed with the county voter
registration office under subdivision (7).
(7) Each petition must be filed with the county voter
registration office not more than thirty (30) days after
publication under subdivision (2) of the notice of the
preliminary determination.
(8) The county voter registration office shall determine whether
each person who signed the petition is a registered voter. The
county voter registration office shall not more than fifteen (15)
business days after receiving a petition forward a copy of the
petition to the county auditor. Not more than ten (10) business
days after receiving the copy of the petition, the county auditor
shall provide to the county voter registration office a statement
verifying:
(A) whether a person who signed the petition as a registered
voter but is not a registered voter, as determined by the
county voter registration office, is the owner of real property
in the political subdivision; and
(B) whether a person who signed the petition as an owner of
real property within the political subdivision does in fact
own real property within the political subdivision.
(9) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (8) make the final determination of
the number of petitioners that are registered voters in the
political subdivision and, based on the statement provided by
the county auditor, the number of petitioners that own real
property within the political subdivision. Whenever the name of
an individual who signs a petition form as a registered voter
contains a minor variation from the name of the registered voter
as set forth in the records of the county voter registration office,
the signature is presumed to be valid, and there is a presumption
that the individual is entitled to sign the petition under this
section. Except as otherwise provided in this chapter, in
determining whether an individual is a registered voter, the
county voter registration office shall apply the requirements and
procedures used under IC 3 to determine whether a person is a
registered voter for purposes of voting in an election governed
by IC 3. However, an individual is not required to comply with
the provisions concerning providing proof of identification to
be considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition only one (1) time in a
particular petition and remonstrance process under this chapter,
regardless of whether the person owns more than one (1) parcel
of real property within the subdivision and regardless of
whether the person is both a registered voter in the political
subdivision and the owner of real property within the political
subdivision. Notwithstanding any other provision of this
section, if a petition is presented to the county voter registration
office within forty-five (45) days before an election, the county
voter registration office may defer acting on the petition, and
the time requirements under this section for action by the
county voter registration office do not begin to run until five (5)
days after the date of the election.
(10) The county voter registration office must file a certificate
and each petition with:
(A) the township trustee, if the political subdivision is a
township, who shall present the petition or petitions to the
township board; or
(B) the body that has the authority to authorize the issuance
of the bonds or the execution of a lease, if the political
subdivision is not a township;
within thirty-five (35) business days of the filing of the petition
requesting a petition and remonstrance process. The certificate
must state the number of petitioners that are owners of real
property within the political subdivision and the number of
petitioners who are registered voters residing within the
political subdivision.
If a sufficient petition requesting a petition and remonstrance process
is not filed by owners of real property or registered voters as set forth
in this section, the political subdivision may issue bonds or enter into
a lease by following the provisions of law relating to the bonds to be
issued or lease to be entered into.
As added by P.L.25-1995, SEC.48. Amended by P.L.53-1996, SEC.2;
P.L.56-1997, SEC.1; P.L.178-2002, SEC.31; P.L.1-2004, SEC.30
and P.L.23-2004, SEC.33; P.L.2-2006, SEC.54; P.L.219-2007,
SEC.60; P.L.146-2008, SEC.191; P.L.182-2009(ss), SEC.143;
P.L.113-2010, SEC.33.
IC 6-1.1-20-3.2 Version a
Petition and remonstrance process for bonds or lease for certain
projects
Note: This version of section amended by P.L.41-2010, SEC.3.
See also following version of this section amended by P.L.113-2010,
SEC.34.
Sec. 3.2. (a) This section applies only to controlled projects
described in section 3.1(a) of this chapter.
(b) If a sufficient petition requesting the application of a petition
and remonstrance process has been filed as set forth in section 3.1 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 without completing the following procedures:
(1) The proper officers of the political subdivision shall give
notice of the applicability of the petition and remonstrance
process by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the organizations described in section
3.1(b)(1)(B) of this chapter.
A notice under this subdivision must include a statement that
any owners of property within the political subdivision or
registered voters residing within the political subdivision who
want to petition in favor of or remonstrate against the proposed
debt service or lease payments must file petitions and
remonstrances in compliance with subdivisions (2) through (4)
not earlier than thirty (30) days or later than sixty (60) days
after publication in accordance with IC 5-3-1.
(2) Not earlier than thirty (30) days or later than sixty (60) days
after the notice under subdivision (1) is given:
(A) petitions (described in subdivision (3)) in favor of the
bonds or lease; and
(B) remonstrances (described in subdivision (3)) against the
bonds or lease;
may be filed by an owner or owners of property within the
political subdivision or a registered voter residing within the
political subdivision. Each signature on a petition must be
dated, and the date of signature may not be before the date on
which the petition and remonstrance forms may be issued under
subdivision (3). A petition described in clause (A) or a
remonstrance described in clause (B) must be verified in
compliance with subdivision (4) before the petition or
remonstrance is filed with the county voter registration office
under subdivision (4).
(3) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office or the county voter registration office's
designated printer the petition and remonstrance forms to be
used solely in the petition and remonstrance process described
in this section. The county voter registration office shall issue
to an owner or owners of property within the political
subdivision or a registered voter residing within the political
subdivision the number of petition or remonstrance forms
requested by the owner or owners or the registered voter. Each
form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of property or
registered voters;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature;
(D) govern the closing date for the petition and remonstrance
period; and
(E) apply to the carrier under section 10 of this chapter.
Persons requesting forms may be required to identify
themselves as owners of property or registered voters and may
be allowed to pick up additional copies to distribute to other
owners of property or registered voters. Each person signing a
petition or remonstrance must indicate whether the person is
signing the petition or remonstrance as a registered voter within
the political subdivision or is signing the petition or
remonstrance as the owner of property within the political
subdivision. A person who signs a petition or remonstrance as
a registered voter must indicate the address at which the person
is registered to vote. A person who signs a petition or
remonstrance as an owner of property must indicate the address
of the property owned by the person in the political subdivision.
The county voter registration office may not issue a petition or
remonstrance form earlier than twenty-nine (29) days after the
notice is given under subdivision (1). The county voter
registration office shall certify the date of issuance on each
petition or remonstrance form that is distributed under this
subdivision.
(4) The petitions and remonstrances must be verified in the
manner prescribed by the state board of accounts and filed with
the county voter registration office within the sixty (60) day
period described in subdivision (2) in the manner set forth in
section 3.1 of this chapter relating to requests for a petition and
remonstrance process.
(5) The county voter registration office shall determine whether
each person who signed the petition or remonstrance is a
registered voter. The county voter registration office shall not
more than fifteen (15) business days after receiving a petition
or remonstrance forward a copy of the petition or remonstrance
to the county auditor. Not more than ten (10) business days
after receiving the copy of the petition or remonstrance, the
county auditor shall provide to the county voter registration
office a statement verifying:
(A) whether a person who signed the petition or
remonstrance as a registered voter but is not a registered
voter, as determined by the county voter registration office,
is the owner of property in the political subdivision; and
(B) whether a person who signed the petition or
remonstrance as an owner of property within the political
subdivision does in fact own property within the political
subdivision.
(6) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (5) make the final determination of:
(A) the number of registered voters in the political
subdivision that signed a petition and, based on the
statement provided by the county auditor, the number of
owners of property within the political subdivision that
signed a petition; and
(B) the number of registered voters in the political
subdivision that signed a remonstrance and, based on the
statement provided by the county auditor, the number of
owners of property within the political subdivision that
signed a remonstrance.
Whenever the name of an individual who signs a petition or
remonstrance as a registered voter contains a minor variation
from the name of the registered voter as set forth in the records
of the county voter registration office, the signature is presumed
to be valid, and there is a presumption that the individual is
entitled to sign the petition or remonstrance under this section.
Except as otherwise provided in this chapter, in determining
whether an individual is a registered voter, the county voter
registration office shall apply the requirements and procedures
used under IC 3 to determine whether a person is a registered
voter for purposes of voting in an election governed by IC 3.
However, an individual is not required to comply with the
provisions concerning providing proof of identification to be
considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition or remonstrance only one (1)
time in a particular petition and remonstrance process under this
chapter, regardless of whether the person owns more than one
(1) parcel of real property, mobile home assessed as personal
property, or manufactured home assessed as personal property
or a combination of those types of property within the
subdivision and regardless of whether the person is both a
registered voter in the political subdivision and the owner of
property within the political subdivision. Notwithstanding any
other provision of this section, if a petition or remonstrance is
presented to the county voter registration office within
forty-five (45) days before an election, the county voter
registration office may defer acting on the petition or
remonstrance, and the time requirements under this section for
action by the county voter registration office do not begin to run
until five (5) days after the date of the election.
(7) The county voter registration office must file a certificate
and the petition or remonstrance with the body of the political
subdivision charged with issuing bonds or entering into leases
within thirty-five (35) business days of the filing of a petition
or remonstrance under subdivision (4), whichever applies,
containing ten thousand (10,000) signatures or less. The county
voter registration office may take an additional five (5) days to
review and certify the petition or remonstrance for each
additional five thousand (5,000) signatures up to a maximum of
sixty (60) days. The certificate must state the number of
petitioners and remonstrators that are owners of property within
the political subdivision and the number of petitioners who are
registered voters residing within the political subdivision.
(8) If a greater number of persons who are either owners of
property within the political subdivision or registered voters
residing within the political subdivision sign a remonstrance
than the number that signed a petition, the bonds petitioned for
may not be issued or the lease petitioned for may not be entered
into. The proper officers of the political subdivision may not
make a preliminary determination to issue bonds or enter into
a lease for the controlled project defeated by the petition and
remonstrance process under this section or any other controlled
project that is not substantially different within one (1) year
after the date of the county voter registration office's certificate
under subdivision (7). Withdrawal of a petition carries the same
consequences as a defeat of the petition.
(9) After a political subdivision has gone through the petition
and remonstrance process set forth in this section, the political
subdivision is not required to follow any other remonstrance or
objection procedures under any other law (including section 5
of this chapter) relating to bonds or leases designed to protect
owners of property within the political subdivision from the
imposition of property taxes to pay debt service or lease rentals.
However, the political subdivision must still receive the
approval of the department of local government finance if
required by:
(A) IC 6-1.1-18.5-8; or
(B) IC 20-46-7-8, IC 20-46-7-9, and IC 20-46-7-10.
As added by P.L.25-1995, SEC.49. Amended by P.L.53-1996, SEC.3;
P.L.54-1996, SEC.1; P.L.2-1997, SEC.20; P.L.56-1997, SEC.2;
P.L.2-1998, SEC.20; P.L.90-2002, SEC.192; P.L.178-2002, SEC.32;
P.L.1-2004, SEC.31 and P.L.23-2004, SEC.34; P.L.2-2006, SEC.55;
P.L.219-2007, SEC.61; P.L.224-2007, SEC.31; P.L.3-2008, SEC.47;
P.L.146-2008, SEC.192; P.L.182-2009(ss), SEC.144; P.L.41-2010,
SEC.3.
IC 6-1.1-20-3.2 Version b
Petition and remonstrance process for bonds or lease for certain
projects
Note: This version of section amended by P.L.113-2010, SEC.34.
See also preceding version of this section amended by P.L.41-2010,
SEC.3.
Sec. 3.2. (a) This section applies only to controlled projects
described in section 3.1(a) of this chapter.
(b) If a sufficient petition requesting the application of a petition
and remonstrance process has been filed as set forth in section 3.1 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 without completing the following procedures:
(1) The proper officers of the political subdivision shall give
notice of the applicability of the petition and remonstrance
process by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the circuit court clerk and to the
organizations described in section 3.1(b)(1)(B) of this
chapter.
A notice under this subdivision must include a statement that
any owners of real property within the political subdivision or
registered voters residing within the political subdivision who
want to petition in favor of or remonstrate against the proposed
debt service or lease payments must file petitions and
remonstrances in compliance with subdivisions (2) through (4)
not earlier than thirty (30) days or later than sixty (60) days
after publication in accordance with IC 5-3-1.
(2) Not earlier than thirty (30) days or later than sixty (60) days
after the notice under subdivision (1) is given:
(A) petitions (described in subdivision (3)) in favor of the
bonds or lease; and
(B) remonstrances (described in subdivision (3)) against the
bonds or lease;
may be filed by an owner or owners of real property within the
political subdivision or a registered voter residing within the
political subdivision. Each signature on a petition must be
dated, and the date of signature may not be before the date on
which the petition and remonstrance forms may be issued under
subdivision (3). A petition described in clause (A) or a
remonstrance described in clause (B) must be verified in
compliance with subdivision (4) before the petition or
remonstrance is filed with the county voter registration office
under subdivision (4).
(3) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office or the county voter registration office's
designated printer the petition and remonstrance forms to be
used solely in the petition and remonstrance process described
in this section. The county voter registration office shall issue
to an owner or owners of real property within the political
subdivision or a registered voter residing within the political
subdivision the number of petition or remonstrance forms
requested by the owner or owners or the registered voter. Each
form must be accompanied by instructions detailing the
requirements that:
(A) the carrier and signers must be owners of real property
or registered voters;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature;
(D) govern the closing date for the petition and remonstrance
period; and
(E) apply to the carrier under section 10 of this chapter.
Persons requesting forms may be required to identify
themselves as owners of real property or registered voters and
may be allowed to pick up additional copies to distribute to
other property owners or registered voters. Each person signing
a petition or remonstrance must indicate whether the person is
signing the petition or remonstrance as a registered voter within
the political subdivision or is signing the petition or
remonstrance as the owner of real property within the political
subdivision. A person who signs a petition or remonstrance as
a registered voter must indicate the address at which the person
is registered to vote. A person who signs a petition or
remonstrance as a real property owner must indicate the address
of the real property owned by the person in the political
subdivision. The county voter registration office may not issue
a petition or remonstrance form earlier than twenty-nine (29)
days after the notice is given under subdivision (1). The county
voter registration office shall certify the date of issuance on
each petition or remonstrance form that is distributed under this
subdivision.
(4) The petitions and remonstrances must be verified in the
manner prescribed by the state board of accounts and filed with
the county voter registration office within the sixty (60) day
period described in subdivision (2) in the manner set forth in
section 3.1 of this chapter relating to requests for a petition and
remonstrance process.
(5) The county voter registration office shall determine whether
each person who signed the petition or remonstrance is a
registered voter. The county voter registration office shall not
more than fifteen (15) business days after receiving a petition
or remonstrance forward a copy of the petition or remonstrance
to the county auditor. Not more than ten (10) business days
after receiving the copy of the petition or remonstrance, the
county auditor shall provide to the county voter registration
office a statement verifying:
(A) whether a person who signed the petition or
remonstrance as a registered voter but is not a registered
voter, as determined by the county voter registration office,
is the owner of real property in the political subdivision; and
(B) whether a person who signed the petition or
remonstrance as an owner of real property within the
political subdivision does in fact own real property within
the political subdivision.
(6) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (5) make the final determination of:
(A) the number of registered voters in the political
subdivision that signed a petition and, based on the
statement provided by the county auditor, the number of
owners of real property within the political subdivision that
signed a petition; and
(B) the number of registered voters in the political
subdivision that signed a remonstrance and, based on the
statement provided by the county auditor, the number of
owners of real property within the political subdivision that
signed a remonstrance.
Whenever the name of an individual who signs a petition or
remonstrance as a registered voter contains a minor variation
from the name of the registered voter as set forth in the records
of the county voter registration office, the signature is presumed
to be valid, and there is a presumption that the individual is
entitled to sign the petition or remonstrance under this section.
Except as otherwise provided in this chapter, in determining
whether an individual is a registered voter, the county voter
registration office shall apply the requirements and procedures
used under IC 3 to determine whether a person is a registered
voter for purposes of voting in an election governed by IC 3.
However, an individual is not required to comply with the
provisions concerning providing proof of identification to be
considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition or remonstrance only one (1)
time in a particular petition and remonstrance process under this
chapter, regardless of whether the person owns more than one
(1) parcel of real property within the subdivision and regardless
of whether the person is both a registered voter in the political
subdivision and the owner of real property within the political
subdivision. Notwithstanding any other provision of this
section, if a petition or remonstrance is presented to the county
voter registration office within forty-five (45) days before an
election, the county voter registration office may defer acting on
the petition or remonstrance, and the time requirements under
this section for action by the county voter registration office do
not begin to run until five (5) days after the date of the election.
&nb