Bill Text: IN HB1238 | 2011 | Regular Session | Introduced
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-Introduced.html
Citations Affected: IC 6-1.1-20-10.1; IC 20-46-1.
Synopsis: Advocacy with public funds. Provides that a school
corporation, its officials, and its employees are restricted in various
ways from promoting a position on a public question subject to a
referendum that would authorize an increase in the school corporation's
property tax levy. Provides that if an organized community group
invites the superintendent of a school corporation or the
superintendent's designee to speak at an event of the organized
community group, the superintendent or the superintendent's designee
may promote a position on a public question subject to a referendum
during the speaking engagement. Provides that the superintendent or
the superintendent's designee may be assisted in promoting a position
on a public question at an event of an organized group by an employee
of the school corporation, the treasurer of the school corporation, or a
member of the governing body. Provides that if the voters of a school
corporation approve a referendum tax levy, another referendum tax
levy previously approved by the voters of the school corporation and
in effect on the date of the most recently conducted referendum, if any,
is rescinded effective the day before the new referendum tax levy goes
into effect.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Education.
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.
(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) 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; or
(C) discussing 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, this section does not prohibit an official or 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 individual'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) 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) Except as provided in subsection (h), 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) An elected or appointed public official of the political
subdivision may personally advocate for or against a position on the
local public question 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.
(h) If 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
resides in the political subdivision proposing the controlled project,
the attorney, architect, registered professional engineer,
construction manager, or financial adviser may spend an amount
not to exceed one hundred dollars ($100) to promote a position on
a local public question.
(i) If an organized community group invites the superintendent
of a school corporation or the superintendent's designee to speak
at an event of the organized community group, the superintendent
or the superintendent's designee may promote a position on a local
public question in the course of the speaking engagement. In
addition, an employee of the school corporation, the treasurer of
the school corporation, or a member of the governing body may
assist the superintendent or the superintendent's designee in
presenting information on the local public question during the
speaking engagement, if requested to do so by the superintendent
or the superintendent's designee.
(b) If the voters of a school corporation approve a levy in a referendum under this chapter, another levy approved by the voters of the school corporation in a previous referendum under this chapter and in effect on the date the most recent referendum under this chapter is held in the school corporation, if any, is rescinded effective the day before the most recently approved levy takes effect.
(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 public question, 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 public question. This subdivision does not prohibit a school corporation from making an expenditure of money to an attorney or a financial adviser for professional services provided on issues involved with the public question.
(3) Using an employee to promote a position on the public question during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the public question at any time.
(4) Promoting a position on the 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;
(B) including a statement within another communication sent to the students' residences; or
(C) discussing the public question at a meeting between a teacher and parents of a student regarding the student's performance or behavior at school.
However, this section does not prohibit an official or employee of the school corporation from carrying out duties with respect to the public question that are part of the normal and regular conduct of the individual's office or agency, including the furnishing of factual information regarding the public question 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 a public question subject to a referendum
under this chapter.
(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 public
question subject to a referendum under this chapter. A person or
an organization that violates this subsection commits a Class A
infraction.
(d) Except as provided in subsection (g), an attorney or a
financial adviser who provides professional services on issues
involved with a public question subject to a referendum under this
chapter may not spend any money to promote a position on the
public question. A person who violates this subsection:
(1) commits a Class A infraction; and
(2) is barred from performing any services for issues involved
with the public question or the referendum.
(e) An elected or appointed public official of the school
corporation may personally advocate for or against a position on
a public question subject to a referendum under this chapter so
long as it is not done by using public funds.
(f) A student may use school equipment or facilities to report or
editorialize about a public question subject to a referendum under
this chapter as part of the news coverage of the public question or
the referendum by a student newspaper or broadcast.
(g) If an attorney or a financial adviser who provides
professional services on issues involved with a public question
subject to a referendum under this chapter, the attorney or
financial adviser may spend an amount not to exceed one hundred
dollars ($100) to promote a position on the public question.
(h) If an organized community group invites the superintendent
of a school corporation or the superintendent's designee to speak
at an event of the organized community group, the superintendent
or the superintendent's designee may promote a position on a
public question subject to a referendum under this chapter in the
course of the speaking engagement. In addition, an employee of the
school corporation, the treasurer of the school corporation, or a
member of the governing body may assist the superintendent or the
superintendent's designee in presenting information on the public
question during the speaking engagement, if requested to do so by
the superintendent or the superintendent's designee.
