Bill Text: IN HB1238 | 2011 | Regular Session | Enrolled
Bill Title: Advocacy with public funds.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-05-16 - SECTION 11 effective 05/10/2011 [HB1238 Detail]
Download: Indiana-2011-HB1238-Enrolled.html
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AN ACT to amend the Indiana Code concerning taxation.
(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 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 (repealed) 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.
(c) This subsection applies only to a political subdivision that, after April 30, 2011, adopts an ordinance or a resolution making a preliminary determination to issue bonds or enter into a lease subject to this section and section 3.2 of this chapter. 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 3.2 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
"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.
If the county election board approves the language of a public question
under this subsection, after June 30, 2010, the county election board
shall submit the language to the department of local government
finance for review.
(d) This subsection applies to ballot language submitted by the
county election board under subsection (c) before May 1, 2011. The
department of local government finance shall review the language of
the public question to evaluate whether the description of the
controlled project is accurate and is not biased against either a vote in
favor of the controlled project or a vote against the controlled project.
The department of local government finance may recommend that the
ballot language be used as submitted or recommend modifications to
the ballot language as necessary to ensure that the description of the
controlled project is accurate and is not biased. The department of local
government finance shall send its recommendations to the county
election board not more than ten (10) days after the language of the
public question is submitted to the department for review. After
reviewing the recommendations of the department of local government
finance under this subsection, the county election board shall take final
action to approve ballot language. The finally adopted ballot language
may differ from the recommendations made by the department of local
government finance.
(e) This subsection applies to ballot language submitted by the
county election board under subsection (c) after April 30, 2011.
The department of local government finance shall review the
language of the public question to evaluate whether the description
of the controlled project is accurate and is not biased against either
a vote in favor of the controlled project or a vote against the
controlled project. The department of local government finance
may either approve the ballot language as submitted or
recommend that the ballot language be modified as necessary to
ensure that the description of the controlled project is accurate and
is not biased. The department of local government finance shall
certify its approval or recommendations to the county auditor and
the county election board not more than ten (10) days after the
language of the public question is submitted to the department for
review. If the department of local government finance recommends
a modification to the ballot language, the county election board
shall, after reviewing the recommendations of the department of
local government finance, submit modified ballot language to the
department for the department's approval or recommendation of
any additional modifications. The public question may not be
certified by the county auditor under subsection (f) unless the
department of local government finance has first certified the
department's final approval of the ballot language for the public
question.
(d) (f) The county auditor shall certify the finally approved 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), (l), 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.
(1) The county auditor of each county in which the political subdivision is located.
(2) The department of local government finance.
(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.
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) (m) 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)
(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. However, if a person described in subsection (f) is advocating for or against a position on the petition or remonstrance or discussing the petition or remonstrance as authorized under subsection (f), an employee of the political subdivision may assist the person in presenting information on the petition or remonstrance, if requested to do so by the person described in subsection (f).
(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
(B) including a statement within another communication sent to the students' residences; or
(C) initiating discussion of the petition and remonstrance process at a meeting between a teacher and parents of a student regarding the student's performance or behavior at school. However, if the parents initiate a discussion of the petition and remonstrance process at the meeting, the teacher may acknowledge the issue and direct the parents to a source of factual information on the petition and remonstrance process.
However, this section does not prohibit an official or 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
official's or employee's office or agency, including the furnishing of
factual information regarding the petition and remonstrance in
response to inquiries from any person.
(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) This subsection does not apply to:
(1) a personal expenditure to promote a position on a petition
and remonstrance by an employee of a school corporation
whose employment is governed by a collective bargaining
contract or an employment contract; or
(2) an expenditure to promote a position on a petition and
remonstrance by a person or an organization that has a
contract or an arrangement with the school corporation solely
for the use of the school corporation's facilities.
A person or an organization that has a contract or an arrangement
(whether formal or informal) with a school corporation for the use of
any of the school corporation's facilities to provide goods or services
to the school corporation 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 any other law, an elected or appointed public
official of the political subdivision (including any school board
member and school corporation superintendent), a school
corporation assistant superintendent, or a chief school business
official of a school corporation 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. Advocacy or discussion
allowed under this subsection is not considered a use of public
funds. However, this subsection does not authorize or apply to
advocacy or discussion by a school board member, superintendent,
assistant superintendent, or school business official to or with
students that occurs during the regular school day.
(b) Except as otherwise provided in this section, 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)
(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. However, if a person described in subsection (f) is advocating for or against a position on the local public question or discussing the local public question as authorized under subsection (f), an
employee of the political subdivision may assist the person in
presenting information on the local public question, if
requested to do so by the person described in subsection (f).
(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; or
(C) initiating discussion of the local public question at a
meeting between a teacher and parents of a student
regarding the student's performance or behavior at school.
However, if the parents initiate a discussion of the local
public question at the meeting, the teacher may
acknowledge the issue and direct the parents to a source of
factual information on the local public question.
However, this section does not prohibit an official or 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
official's or employee's office or agency, including the furnishing of
factual information regarding the local public question in response
to inquiries from any person.
(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) This subsection does not apply to:
(1) a personal expenditure to promote a position on a local
public question by an employee of a school corporation whose
employment is governed by a collective bargaining contract
or an employment contract; or
(2) an expenditure to promote a position on a local public
question by a person or an organization that has a contract or
an arrangement (whether formal or informal) with the school
corporation solely for the use of the school corporation's
facilities.
A person or an organization that has a contract or an arrangement
(whether formal or informal) with a school corporation for the use of
any of the school corporation's facilities to provide goods or services
to the school corporation 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 any other law, an elected or appointed public
official of the political subdivision (including any school board
member and school corporation superintendent), a school
corporation assistant superintendent, or a chief school business
official of a school corporation 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. Advocacy or discussion
allowed under this subsection is not considered a use of public
funds. However, this subsection does not authorize or apply to
advocacy or discussion by a school board member, superintendent,
assistant superintendent, or school business official to or with
students that occurs during the regular school day.
(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.
(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 including (in the case of a resolution certified to the
department of local government finance after April 30, 2011) the
language for the question required by section 10 of this chapter. In
the case of a resolution certified to the department of local
government finance after April 30, 2011, the department shall
review the language for compliance with section 10 of this chapter
and either approve or reject the language. The department shall
send its decision to the governing body of the school corporation
not more than ten (10) days after the resolution is submitted to the
department. If the language is approved, the governing body of the
school corporation shall certify a copy of the resolution, including
the language for the question and the department's approval, to:
(1) the county fiscal body (for informational purposes only);
and
(2) the circuit court clerk;
of each county in which the school corporation is located.
(1) the question certified to the circuit court clerk by the
(2) an adequate supply of ballots and voting equipment to be delivered to the precinct election board of each precinct in which the referendum is to be held.
circuit court clerk of each county shall, immediately after the votes cast
in the referendum have been counted, certify the results of the
referendum to the 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 a majority of the individuals who voted in the
referendum voted "yes" on the referendum question:
(1) the county fiscal body department of local government
finance 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.
(b) Notwithstanding any other provision of this chapter and in addition to the restriction specified in subsection (a), if a school corporation imposes in a calendar year a referendum levy approved in a referendum under this chapter, the school corporation may not simultaneously impose in that calendar year more than one (1) additional referendum levy approved in a subsequent referendum under this chapter.
(1) Using facilities or equipment, including mail and
messaging systems, owned by the school corporation 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. However,
if a person described in subsection (d) is advocating for or
against a position on the referendum or discussing the
referendum as authorized under subsection (d), an employee
of the school corporation may assist the person in presenting
information on the referendum, if requested to do so by the
person described in subsection (d).
(4) Promoting a position on the referendum by:
(A) using students to transport written materials to their
residences or in any way involving students in a school
organized promotion of a position;
(B) including a statement within another communication
sent to the students' residences; or
(C) initiating discussion of the referendum at a meeting
between a teacher and parents of a student regarding the
student's performance or behavior at school. However, if
the parents initiate a discussion of the referendum at the
meeting, the teacher may acknowledge the issue and direct
the parents to a source of factual information on the
referendum.
However, this section does not prohibit an official or 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
official's or employee's office or agency, including the furnishing
of factual information regarding the referendum in response to
inquiries from any person.
(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) This subsection does not apply to:
(1) a personal expenditure to promote a position on a local
public question by an employee of a school corporation whose
employment is governed by a collective bargaining contract
or an employment contract; or
(2) an expenditure to promote a position on a local public
question by a person or an organization that has a contract or
an arrangement (whether formal or informal) with the school
corporation solely for the use of the school corporation's
facilities.
A person or an organization that has a contract or arrangement
(whether formal or informal) with a school corporation to provide
goods or services to the school corporation 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.
(d) Notwithstanding any other law, an elected or appointed school
board member or a school corporation superintendent, school
corporation assistant superintendent, or chief school business official
of a school corporation 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. Advocacy or discussion
allowed under this subsection is not considered a use of public funds.
However, this subsection does not authorize or apply to advocacy or
discussion by a school board member, superintendent, assistant
superintendent, or school business official to or with students that
occurs during the regular school day.
(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.
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