Bill Text: IN HB1306 | 2012 | Regular Session | Introduced
Bill Title: Participation of property owner in tax referendum.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Local Government [HB1306 Detail]
Download: Indiana-2012-HB1306-Introduced.html
Citations Affected: IC 6-1.1-20; IC 20-46-1.
Synopsis: Participation of property owner in tax referendum. Provides
that a property owner (an owner of real property, a mobile home
assessed as personal property, or a manufactured home assessed as
personal property) of property located in a political subdivision may
vote in a referendum on whether the political subdivision may issue
debt for certain capital projects or whether a school may impose a
school referendum property tax levy. (Current law allows a property
owner to sign a petition to initiate a petition remonstrance or
referendum process or to sign a petition or remonstrance regarding a
controlled project.) Specifies conditions that a property owner must
satisfy in order to vote. Provides that only one vote is permitted for
each property owner regardless of the character of the ownership
interest, the number of parcels that comprise the property, or the
number of properties that a particular property owner owns within the
political subdivision. Requires the secretary of state to establish a
sealed paper ballot system for a property owner to vote. Requires the
state board of accounts, the county voter registration office, the county
auditor, and the circuit court clerk to carry out various duties as part of
the referendum process.
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(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 (l), the following question shall be submitted to the eligible voters at the election conducted under this section:
"Shall ________ (insert the name of the political subdivision) issue bonds or enter into a lease to finance ___________ (insert
a brief description of the controlled project), which is estimated
to cost not more than _______ (insert the total cost of the project)
and is estimated to increase the property tax rate for debt service
by ___________ (insert increase in tax rate as determined by the
department of local government finance)?".
The public question must appear on the ballot, including the ballot
used under section 13 of this chapter, 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, 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.
(f) The county auditor shall certify the finally approved public
question 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 (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. In addition, the county election board shall
take all the steps necessary to provide for voting by property
owners within the political subdivision as provided by section 13 of
this chapter.
(g) The circuit court clerk shall certify the results of the public
question to the following:
(1) The county auditor of each county in which the political
subdivision is located.
(2) The department of local government finance.
(h) Subject to the requirements of IC 6-1.1-18.5-8, the political
subdivision may issue the proposed bonds or enter into the proposed
lease rental if a majority of the eligible voters voting on the public
question vote in favor of the public question.
(i) If a majority of the eligible voters voting on the public question
vote in opposition to the public question, both of the following apply:
(1) The political subdivision may not issue the proposed bonds or
enter into the proposed lease rental.
(2) Another public question under this section on the same or a
substantially similar project may not be submitted to the voters
earlier than one (1) year after the date of the election.
(j) IC 3, to the extent not inconsistent with this section, applies to an
election held under this section.
(k) A political subdivision may not artificially divide a capital
project into multiple capital projects in order to avoid the requirements
of this section and section 3.5 of this chapter.
(l) This subsection applies to a political subdivision for which a
petition requesting a public question has been submitted under section
3.5 of this chapter. The legislative body (as defined in IC 36-1-2-9) of
the political subdivision may adopt a resolution to withdraw a
controlled project from consideration in a public question. If the
legislative body provides a certified copy of the resolution to the county
auditor and the county election board not later than forty-nine (49) days
before the election at which the public question would be on the ballot,
the public question on the controlled project shall not be placed on the
ballot and the public question on the controlled project shall not be
held, regardless of whether the county auditor has certified the public
question to the county election board. If the withdrawal of a public
question under this subsection requires the county election board to
reprint ballots, the political subdivision withdrawing the public
question shall pay the costs of reprinting the ballots. If a political
subdivision withdraws a public question under this subsection that
would have been held at a special election and the county election
board has printed the ballots before the legislative body of the political
subdivision provides a certified copy of the withdrawal resolution to
the county auditor and the county election board, the political
subdivision withdrawing the public question shall pay the costs
incurred by the county in printing the ballots. If a public question on a
controlled project is withdrawn under this subsection, a public question
under this section on the same controlled project or a substantially
similar controlled project may not be submitted to the voters earlier
than one (1) year after the date the resolution withdrawing the public
question is adopted.
(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.
property that is located in the political subdivision.
(b) The secretary of state shall adopt rules under IC 4-22-2 to
establish a procedure for a property owner:
(1) to vote, in the case of property owned by an individual; or
(2) in the case of property not owned by an individual, to
designate a resident agent or registered agent who is an
individual registered to vote in Indiana to vote;
on a public question under section 3.6 of this chapter.
(c) For purposes of determining a property owner's right to vote
under this section, the following apply:
(1) Only one (1) vote is permitted for each property owner
regardless of:
(A) the character of the ownership interest;
(B) the number of parcels that comprise the property; or
(C) the number of properties that a particular property
owner owns within the political subdivision.
(2) The individual entitled to vote for a property owner is:
(A) the owner, if the owner is an individual; or
(B) a designated resident agent or registered agent who
must be an individual registered to vote in Indiana, if the
property owner is not an individual.
(3) An individual who is registered to vote in the political
subdivision is not entitled to a second vote as a property
owner for property the individual owns in the political
subdivision as an individual.
(4) The state board of accounts shall design and, upon request
by the county voter registration office, deliver to the county
voter registration office the ballot form to be used under this
section. The ballot form must provide for sealing and include
a space for the county auditor to verify that the person is a
property owner. Each ballot form must be verified under oath
by the individual completing the ballot in a manner
prescribed by the state board of accounts before the ballot is
filed with the county voter registration office under this
section. Each ballot form must be accompanied by
instructions detailing the requirements of this section.
(5) The county voter registration office shall make a ballot
form available to each person desiring to vote as a property
owner.
(6) To validate a ballot to vote on the public question, a
property owner must present the ballot form to the county
auditor for verification of whether:
(A) the person is a property owner; and
(B) a ballot is filed for a different property within the
political subdivision that is also owned by the same
property owner.
If the county auditor finds that the property owner satisfies
clauses (A) and (B), the county auditor shall indicate these
verifications on the ballot form.
(7) A property owner must deliver a sealed, validated ballot
to the county voter registration office before the deadline
applicable to absentee ballots. Ballots delivered to the voter
registration office shall be opened by the county voter
registration office. The county voter registration office shall,
not more than fifteen (15) business days after the date of the
election, forward a copy of the ballot to the county auditor.
Not more than ten (10) business days after receiving the copy
of the ballot, the county auditor shall provide to the county
voter registration office a statement verifying whether the
ballot was properly validated with the county auditor before
being delivered to the county voter registration office. The
county voter registration office shall forward all verified
ballots to the circuit court clerk.
(8) The circuit court clerk shall determine whether a ballot
complies with this section, including whether a property
owner has voted only one (1) time on the public question.
(9) The circuit court clerk shall include all ballots that comply
with this section in the vote count on the public question
placed before the voters under section 3.6 of this chapter.
(1) sixty (60) days before a primary election if the question is to be placed on the primary or municipal primary election ballot; or
(2) August 1 if the question is to be placed on the general or municipal election ballot.
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 chapter and if the appellant school corporation 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).
(b) If the referendum is not conducted at a primary election, general election, or municipal election, the appellant school corporation in which the referendum is to be held shall pay all the costs of holding the referendum.
(1) all of the registered voters resident in the appellant school corporation; and
(2) property owners that are entitled to vote on a local public question under IC 6-1.1-20.
