Bill Text: IN SB0064 | 2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Display of political signs.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0064 Detail]
Download: Indiana-2010-SB0064-Amended.html
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 inthis style type.
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 orthis style type reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
Bill Title: Display of political signs.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0064 Detail]
Download: Indiana-2010-SB0064-Amended.html
January 12, 2010
SENATE BILL No. 64
_____
DIGEST OF SB 64
(Updated January 11, 2010 11:40 am - DI 102)
Citations Affected: IC 32-21.
Synopsis: Display of political signs. Prohibits a homeowners
association from adopting or enforcing certain restrictive covenants or
homeowners association rules concerning the display of political signs.
Effective: July 1, 2010.
Delph
January 5, 2010, read first time and referred to Committee on Elections.
January 11, 2010, reported favorably _ Do Pass.
January 12, 2010
Second Regular Session 116th General Assembly (2010)
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
SENATE BILL No. 64
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 32-21-13; (10)SB0064.1.1. -->
SECTION 1. IC 32-21-13 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules
Sec. 1. The definitions in IC 3-5-2 apply to this chapter.
Sec. 2. As used in this chapter, "rules" refers to any of the following:
(1) A restrictive covenant.
(2) A homeowners association rule.
Sec. 3. As used in this chapter, "sign" refers only to a sign advocating:
(1) the election or defeat of one (1) or more candidates for:
(A) nomination; or
(B) election;
to a public office;
(2) support for or opposition to:
(A) a political party; or
(B) a political party's candidates; or
(3) the approval or disapproval of a public question.
Sec. 4. Except as provided in section 5 of this chapter, a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property during the period:
(1) beginning thirty (30) days before; and
(2) ending five (5) days after;
the date of the election to which the sign relates.
Sec. 5. A homeowners association may adopt and enforce rules relating to a sign described in section 3 of this chapter if the rules do any of the following:
(1) Restrict the size of a sign if the rule permits a homeowner to display a sign that is at least as large as signs commonly displayed during election campaigns.
(2) Restrict the number of signs that may be displayed if the rule permits a homeowner to display a reasonable number of signs.
(3) Restrict the locations where a sign may be displayed. However, a restriction under this subdivision may not prohibit the display of a sign:
(A) in a window on the homeowner's property; or
(B) on the ground that is part of the homeowner's property.
Sec. 6. A homeowners association may remove a sign that violates the rules permitted by this chapter.
Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules
Sec. 1. The definitions in IC 3-5-2 apply to this chapter.
Sec. 2. As used in this chapter, "rules" refers to any of the following:
(1) A restrictive covenant.
(2) A homeowners association rule.
Sec. 3. As used in this chapter, "sign" refers only to a sign advocating:
(1) the election or defeat of one (1) or more candidates for:
(A) nomination; or
(B) election;
to a public office;
(2) support for or opposition to:
(A) a political party; or
(B) a political party's candidates; or
(3) the approval or disapproval of a public question.
Sec. 4. Except as provided in section 5 of this chapter, a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property during the period:
(1) beginning thirty (30) days before; and
(2) ending five (5) days after;
the date of the election to which the sign relates.
Sec. 5. A homeowners association may adopt and enforce rules relating to a sign described in section 3 of this chapter if the rules do any of the following:
(1) Restrict the size of a sign if the rule permits a homeowner to display a sign that is at least as large as signs commonly displayed during election campaigns.
(2) Restrict the number of signs that may be displayed if the rule permits a homeowner to display a reasonable number of signs.
(3) Restrict the locations where a sign may be displayed. However, a restriction under this subdivision may not prohibit the display of a sign:
(A) in a window on the homeowner's property; or
(B) on the ground that is part of the homeowner's property.
Sec. 6. A homeowners association may remove a sign that violates the rules permitted by this chapter.
