Ind. Code ch. 6-1.1-20

Ind. Code ch. 6-1.1-20
in effect

Ind. Code § 6-1.1-20-0.3 Public education corporation assumes powers and duties of school city; distribution of revenue

Sec. 0.3. (a) After March 31, 2026, a school city (as defined in IC 20-25-2-12) may not exercise the powers and duties under this chapter and instead the public education corporation assumes the powers and duties of the school city as set forth in IC 20-25.3-5. (b) Subject to IC 20-25.3-5-4(b), the county auditor shall distribute revenue collected from a levy that is approved and first imposed under this chapter after March 31, 2026, to the public education corporation. As added by P.L.101-2026, SEC.7.

Ind. Code § 6-1.1-20-0.5 Project cost; exception for donations

Sec. 0.5. (a) This section applies to a preliminary determination to issue bonds or enter into a lease made after June 30, 2013. (b) In determining whether a project is a controlled project for purposes of this chapter and whether the petition and remonstrance process under sections 3.1 and 3.2 of this chapter or the referendum process under sections 3.5 and 3.6 of this chapter apply to the project, the cost of the project does not include expenditures for the project that will be paid from donations or other gifts: (1) that are received by the political subdivision; and (2) for which the political subdivision adopts an ordinance or resolution pledging that the donations or other gifts will be used exclusively for expenditures on the project's costs. As added by P.L.218-2013, SEC.8.

Ind. Code § 6-1.1-20-0.7 Project costs for a political subdivision located in Hamilton County; exemption for money segregated for use in the project

Sec. 0.7. (a) This section applies only to a preliminary determination made after June 30, 2015, by a political subdivision located in Hamilton County, other than a school corporation, to issue bonds or enter into a lease. (b) In determining whether a project is a controlled project for purposes of this chapter and whether the petition and remonstrance process under sections 3.1 and 3.2 of this chapter or the referendum process under sections 3.5 and 3.6 of this chapter apply to the project, the cost of the project for purposes of this chapter does not include the following: (1) Any expenditures excluded under section 0.5 of this chapter (expenditures for the project that will be paid from donations or other gifts). (2) Any expenditures that will be paid from money that has accumulated or has been deposited by the political subdivision in any fund of the political subdivision, if before the preliminary determination is made the political subdivision segregates the money for use in the project as provided in a capital improvement plan, a capital development plan, or a similar plan adopted by the political subdivision. (c) The proper officers of a political subdivision, other than a school corporation, must include in the resolution or ordinance making a preliminary determination to issue bonds or enter into a lease a determination of that part of the total project cost that will be paid from sources described in subsection (b)(1) or (b)(2). The proper officers of the political subdivision must make the determination concerning the part of the total project cost that will be financed by the bonds or lease at a public hearing after proper notice under IC 5-3-1. As added by P.L.203-2015, SEC.1.

Ind. Code § 6-1.1-20-1 "Bonds"

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. [Pre-1975 Property Tax Recodification Citation: 6-1-46-7 part.] 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.

Ind. Code § 6-1.1-20-1.1 "Controlled project"

Sec. 1.1. (a) 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) Subject to subsection (b), a project that will not cost the political subdivision more than the lesser of the following: (A) An amount equal to the following: (i) In the case of an ordinance or resolution adopted before January 1, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, two million dollars ($2,000,000). (ii) In the case of an ordinance or resolution adopted after December 31, 2017, and before January 1, 2019, making a preliminary determination to issue bonds or enter into a lease for the project, five million dollars ($5,000,000). (iii) In the case of an ordinance or resolution adopted in a calendar year after December 31, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, an amount (as determined by the department of local government finance) equal to the result of the maximum levy growth quotient determined under IC 6-1.1-18.5-2 for the year multiplied by the amount determined under this clause for the preceding calendar year. The department of local government finance shall publish the threshold determined under item (iii) in the Indiana Register under IC 4-22-7-7 not more than sixty (60) days after the date the budget agency releases the maximum levy growth quotient for the ensuing year under IC 6-1.1-18.5-2. (B) An amount equal to the following: (i) One percent (1%) of the total gross assessed value of property within the political subdivision on the last assessment date, if that total gross assessed value is more than one hundred million dollars ($100,000,000). (ii) One million dollars ($1,000,000), if the total gross assessed value of property within the political subdivision on the last assessment date is not more than one hundred million dollars ($100,000,000). (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: (A) is required by a court order holding that a federal law mandates the project; or (B) is in response to a court order holding that: (i) a federal law has been violated; and (ii) the project is to address the deficiency or violation. (6) A project that is in response to: (A) a natural disaster; (B) an accident; or (C) an emergency; in the political subdivision that makes a building or facility unavailable for its intended use. (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. (8) A project of the Little Calumet River basin development commission for which bonds are payable from special assessments collected under IC 14-13-2-18.6. (9) A project for engineering, land and right-of-way acquisition, construction, resurfacing, maintenance, restoration, and rehabilitation exclusively for or of: (A) local road and street systems, including bridges that are designated as being in a local road and street system; (B) arterial road and street systems, including bridges that are designated as being in an arterial road and street system; or (C) any combination of local and arterial road and street systems, including designated bridges. (b) This subsection does not apply to a project for which a public hearing to issue bonds or enter into a lease has been conducted under IC 20-26-7-37 before July 1, 2023, or to a project for which an ordinance or resolution making a preliminary determination to issue bonds or enter into a lease is adopted after June 30, 2025. If: (1) a political subdivision's total debt service tax rate is more than forty cents ($0.40) per one hundred dollars ($100) of assessed value; and (2) subsection (a)(1) and subsection (a)(3) through (a)(9) are not applicable; the term includes any project to be financed by bonds or a lease, including a project that does not otherwise meet the threshold amount provided in subsection (a)(2). This subsection expires December 31, 2025. For purposes of this subsection, a political subdivision's total debt service tax rate does not include a tax rate imposed in a referendum debt service tax levy approved by voters. (c) This subsection applies to a project for which an ordinance or resolution making a preliminary determination to issue bonds or enter into a lease is adopted after June 30, 2025. If subsection (a)(1) and subsection (a)(3) through (a)(9) are not applicable, the term includes any project to be financed by bonds or a lease, including a project that does not otherwise meet the threshold amount provided in subsection (a)(2), if: (1) in the case of a school corporation, the school corporation's total debt service tax rate is more than forty cents ($0.40) per one hundred dollars ($100) of assessed value; (2) in the case of a city, county, or town, the city's, county's, or town's total debt service tax rate is more than twenty-five cents ($0.25) per one hundred dollars ($100) of assessed value; or (3) in the case of a political subdivision not described in subdivision (1) or (2), the political subdivision's total debt service tax rate is more than five cents ($0.05) per one hundred dollars ($100) of assessed value. However, this subsection does not apply to a project for which a public hearing to issue bonds or enter into a lease has been conducted under IC 20-26-7-37 before July 1, 2025. For purposes of this subsection, a political subdivision's total debt service tax rate does not include a tax rate imposed in a referendum debt service tax levy approved by voters. 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; P.L.106-2012, SEC.1; P.L.40-2014, SEC.5; P.L.233-2015, SEC.18; P.L.246-2017, SEC.1; P.L.60-2020, SEC.1; P.L.159-2020, SEC.40; P.L.32-2021, SEC.10; P.L.236-2023, SEC.35; P.L.239-2023, SEC.6; P.L.9-2024, SEC.170; P.L.136-2024, SEC.22; P.L.68-2025, SEC.65.

Ind. Code § 6-1.1-20-1.2 "Debt service"

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.

Ind. Code § 6-1.1-20-1.3 "Lease"

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.

Ind. Code § 6-1.1-20-1.4 "Lease rentals"

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.

Ind. Code § 6-1.1-20-1.5 "Obligations"

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.

Ind. Code § 6-1.1-20-1.6 "Property taxes"

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.

Ind. Code § 6-1.1-20-1.7 "Project"

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.

Ind. Code § 6-1.1-20-1.8 "County voter registration office"

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 (as defined in IC 3-5-2.1-12). (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. Amended by P.L.170-2019, SEC.17; P.L.186-2025, SEC.63.

Ind. Code § 6-1.1-20-1.9 "Registered voter", "eligible voter", and "owner of property"

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. The term does not include an individual who changes residence from a location within a school corporation to a location outside of the school corporation less than thirty (30) days before an election under this chapter. (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; P.L.109-2021, SEC.74; P.L.9-2022, SEC.7.

Ind. Code § 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. [Pre-1975 Property Tax Recodification Citation: 6-1-1-25 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.25-1995, SEC.47.

Ind. Code § 6-1.1-20-2.5 Allocation of certain project costs

Sec. 2.5. For purposes of this chapter, the cost of a project by a school corporation career and technical education school described in IC 20-37-1-1 that is funded through an advance from the common school fund under IC 20-49 shall be allocated among the organizing school corporations in the same manner as the advance is allocated under IC 20-49-4. As added by P.L.246-2017, SEC.2.

Ind. Code § 6-1.1-20-3 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-7 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.8-1987, SEC.12. Repealed by P.L.25-1995, SEC.94.

Ind. Code § 6-1.1-20-3.1 Procedures to be completed by political subdivision before imposing property taxes for bonds or lease for certain projects; thresholds

Sec. 3.1. (a) Subject to section 3.5(a)(1)(C) of this chapter, 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, high 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 12; and (C) will not cost more than the lesser of the following: (i) The threshold amount determined under this item. In the case of an ordinance or resolution adopted before January 1, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is ten million dollars ($10,000,000). In the case of an ordinance or resolution adopted after December 31, 2017, and before January 1, 2019, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is fifteen million dollars ($15,000,000). In the case of an ordinance or resolution adopted in a calendar year after December 31, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is an amount (as determined by the department of local government finance) equal to the result of the maximum levy growth quotient determined under IC 6-1.1-18.5-2 for the year multiplied by the threshold amount determined under this item for the preceding calendar year. In the case of a threshold amount determined under this item that applies for a calendar year after December 31, 2018, the department of local government finance shall publish the threshold in the Indiana Register under IC 4-22-7-7 not more than sixty (60) days after the date the budget agency releases the maximum levy growth quotient for the ensuing year under IC 6-1.1-18.5-2. (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 total gross assessed value is more than one billion dollars ($1,000,000,000), or ten million dollars ($10,000,000), if the total gross assessed value of property within the political subdivision on the last assessment date is not more than one billion dollars ($1,000,000,000). (3) Any other controlled project that: (A) is not a controlled project described in subdivision (1) or (2); and (B) will not cost the political subdivision more than the lesser of the following: (i) The threshold amount determined under this item. In the case of an ordinance or resolution adopted before January 1, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is twelve million dollars ($12,000,000). In the case of an ordinance or resolution adopted after December 31, 2017, and before January 1, 2019, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is fifteen million dollars ($15,000,000). In the case of an ordinance or resolution adopted in a calendar year after December 31, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is an amount (as determined by the department of local government finance) equal to the result of the maximum levy growth quotient determined under IC 6-1.1-18.5-2 for the year multiplied by the threshold amount determined under this item for the preceding calendar year. In the case of a threshold amount determined under this item that applies for a calendar year after December 31, 2018, the department of local government finance shall publish the threshold in the Indiana Register under IC 4-22-7-7 not more than sixty (60) days after the date the budget agency releases the maximum levy growth quotient for the ensuing year under IC 6-1.1-18.5-2. (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 total gross assessed value is more than one hundred million dollars ($100,000,000), or one million dollars ($1,000,000), if the total gross assessed value of property within the political subdivision on the last assessment date is not more than one hundred million dollars ($100,000,000). (4) A controlled project funded by debt service if the scope of the project changes from the purpose of the project initially advertised to taxpayers as determined under section 4.2(c) of this chapter. (5) This subdivision does not apply to a project for which a public hearing to issue bonds or enter into a lease has been conducted under IC 20-26-7-37 before July 1, 2023, or to a project for which an ordinance or resolution making a preliminary determination to issue bonds or enter into a lease is adopted after June 30, 2025. Any other controlled project if both of the following apply: (A) The political subdivision's total debt service tax rate is more than forty cents ($0.40) per one hundred dollars ($100) of assessed value, but less than eighty cents ($0.80) per one hundred dollars ($100) of assessed value. (B) The controlled project is not otherwise described in section 3.5(a)(1) of this chapter. This subdivision expires December 31, 2025. For purposes of this subdivision, a political subdivision's total debt service tax rate does not include a tax rate imposed in a referendum debt service levy approved by voters. (6) Any other controlled project if the following apply: (A) An ordinance or resolution making a preliminary determination to issue bonds or enter into a lease for the project is adopted after June 30, 2025. (B) The controlled project is not otherwise described in section 3.5(a)(1) of this chapter. (C) In the case of a: (i) school corporation, the school corporation's total debt service tax rate is more than forty cents ($0.40) per one hundred dollars ($100) of assessed value, but not more than seventy cents ($0.70) per one hundred dollars ($100) of assessed value; (ii) city, county, or town, the city's, county's, or town's total debt service tax rate is more than twenty-five cents ($0.25) per one hundred dollars ($100) of assessed value, but not more than forty cents ($0.40) per one hundred dollars ($100) of assessed value; or (iii) political subdivision not described in item (i) or (ii), the political subdivision's total debt service tax rate is more than five cents ($0.05) per one hundred dollars ($100) of assessed value, but not more than ten cents ($0.10) per one hundred dollars ($100) of assessed value. However, this subdivision does not apply to a project for which a public hearing to issue bonds or enter into a lease has been conducted under IC 20-26-7-37 before July 1, 2025. For purposes of this subdivision, a political subdivision's total debt service tax rate does not include a tax rate imposed in a referendum debt service tax levy approved by voters. (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 publish notice in accordance with IC 5-3-1 and send notice by first class mail to the circuit court clerk and shall conduct at least two (2) public hearings on a preliminary determination before adoption of the resolution or ordinance. The political subdivision must at each of the public hearings on the preliminary determination allow the public to testify regarding the preliminary determination and must make the following information available to the public at each of the public hearings on the preliminary determination, in addition to any other information required by law: (A) The result of the political subdivision's current and projected annual debt service payments divided by the net assessed value of taxable property within the political subdivision. (B) The result of: (i) the sum of the political subdivision's outstanding long term debt plus the outstanding long term debt of other taxing units that include any of the territory of the political subdivision; divided by (ii) the net assessed value of taxable property within the political subdivision. (C) The information specified in subdivision (3)(A) through (3)(H). (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. (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 following information: (i) The political subdivision's current debt service levy and rate. (ii) 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. (iii) The estimated amount of the political subdivision's debt service levy and rate that will result during the following ten (10) years if the political subdivision issues the bonds or enters into the lease, after also considering any changes that will occur to the debt service levy and rate during that period on account of any outstanding bonds or lease obligations that will mature or terminate during that period. (I) The information specified in subdivision (1)(A) through (1)(B). (4) After notice is given, a petition requesting the application of a petition and remonstrance process may be filed by the lesser of: (A) five hundred (500) 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. However, after the county voter registration office has determined that at least five hundred twenty-five (525) persons who signed the petition are registered voters within the political subdivision, the county voter registration office is not required to verify whether the remaining persons who signed the petition are registered voters. If the county voter registration office does not determine that at least five hundred twenty-five (525) persons who signed the petition are registered voters, 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, not more than ten (10) business days after determining that at least five hundred twenty-five (525) persons who signed the petition are registered voters or receiving the statement from the county auditor under subdivision (8), as applicable, shall 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) A political subdivision may not divide a controlled project in order to avoid the requirements of this section and section 3.2 of this chapter. A person that owns property within a political subdivision or a person that is a registered voter residing within a political subdivision may file a petition with the department of local government finance objecting that the political subdivision has divided a controlled project in order to avoid the requirements of this section and section 3.2 of this chapter. The petition must be filed not more than ten (10) days after the political subdivision gives notice of the political subdivision's decision to issue bonds or enter into leases for a capital project that the person believes is the result of a division of a controlled project that is prohibited by this subsection. If the department of local government finance receives a petition under this subsection, the department shall not later than thirty (30) days after receiving the petition make a final determination on the issue of whether the political subdivision divided a controlled project in order to avoid the requirements of this section and section 3.2 of this chapter. If the department of local government finance determines that a political subdivision divided a controlled project in order to avoid the requirements of this section and section 3.2 of this chapter and the political subdivision continues to desire to proceed with the project, the political subdivision shall fulfill the requirements of this section and section 3.2 of this chapter, if applicable, regardless of the cost of the project in dispute. A political subdivision shall be considered to have divided a capital project in order to avoid the requirements of this section and section 3.2 of this chapter if the result of one (1) or more of the subprojects cannot reasonably be considered an independently desirable end in itself without reference to another capital project. This subsection does not prohibit a political subdivision from undertaking a series of capital projects in which the result of each capital project can reasonably be considered an independently desirable end in itself without reference to another capital project. 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; P.L.113-2010, SEC.33; P.L.42-2011, SEC.8; P.L.198-2011, SEC.1; P.L.218-2013, SEC.9; P.L.203-2015, SEC.2; P.L.138-2016, SEC.1; P.L.246-2017, SEC.3; P.L.159-2020, SEC.41; P.L.239-2023, SEC.7; P.L.136-2024, SEC.23; P.L.68-2025, SEC.66; P.L.74-2026, SEC.4.

Ind. Code § 6-1.1-20-3.2 Petition and remonstrance process for bonds or lease for certain projects

Sec. 3.2. (a) Subject to section 3.5(a)(1)(C) of this chapter, 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. 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; P.L.113-2010, SEC.34; P.L.42-2011, SEC.9; P.L.246-2017, SEC.4; P.L.74-2026, SEC.5.

Ind. Code § 6-1.1-20-3.3 Applicability of other statutes to imposition of property taxes

Sec. 3.3. Notwithstanding any other law, a political subdivision may issue or enter into obligations under any statute that requires or permits the imposition of property taxes to pay debt service or lease rentals without pledging to impose property taxes, if necessary, to pay the debt service or lease rentals. If the proper officers of a political subdivision determine to use revenues other than property taxes to pay obligations without pledging to impose property taxes for that purpose, provisions of any other statute relating to controlling property taxes do not apply to the issuance of or entering into the obligations. As added by P.L.25-1995, SEC.50.

Ind. Code § 6-1.1-20-3.5 Procedures required before imposing property taxes for bonds or lease for certain projects; thresholds; petition requesting initiation of referendum

Sec. 3.5. (a) This section applies only to a controlled project that meets the following conditions: (1) The controlled project is described in one (1) of the following categories: (A) An elementary school building, middle school building, high school building, or other school building for academic instruction that will be used for any combination of kindergarten through grade 12 and will cost more than the lesser of the following: (i) The threshold amount determined under this item. In the case of an ordinance or resolution adopted before January 1, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is ten million dollars ($10,000,000). In the case of an ordinance or resolution adopted after December 31, 2017, and before January 1, 2019, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is fifteen million dollars ($15,000,000). In the case of an ordinance or resolution adopted in a calendar year after December 31, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is an amount (as determined by the department of local government finance) equal to the result of the maximum levy growth quotient determined under IC 6-1.1-18.5-2 for the year multiplied by the threshold amount determined under this item for the preceding calendar year. In the case of a threshold amount determined under this item that applies for a calendar year after December 31, 2018, the department of local government finance shall publish the threshold in the Indiana Register under IC 4-22-7-7 not more than sixty (60) days after the date the budget agency releases the maximum levy growth quotient for the ensuing year under IC 6-1.1-18.5-2. (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 total gross assessed value is more than one billion dollars ($1,000,000,000), or ten million dollars ($10,000,000), if the total gross assessed value of property within the political subdivision on the last assessment date is not more than one billion dollars ($1,000,000,000). (B) Any other controlled project that is not a controlled project described in clause (A) and will cost the political subdivision more than the lesser of the following: (i) The threshold amount determined under this item. In the case of an ordinance or resolution adopted before January 1, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is twelve million dollars ($12,000,000). In the case of an ordinance or resolution adopted after December 31, 2017, and before January 1, 2019, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is fifteen million dollars ($15,000,000). In the case of an ordinance or resolution adopted in a calendar year after December 31, 2018, making a preliminary determination to issue bonds or enter into a lease for the project, the threshold amount is an amount (as determined by the department of local government finance) equal to the result of the maximum levy growth quotient determined under IC 6-1.1-18.5-2 for the year multiplied by the threshold amount determined under this item for the preceding calendar year. In the case of a threshold amount determined under this item that applies for a calendar year after December 31, 2018, the department of local government finance shall publish the threshold in the Indiana Register under IC 4-22-7-7 not more than sixty (60) days after the date the budget agency releases the maximum levy growth quotient for the ensuing year under IC 6-1.1-18.5-2. (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 total gross assessed value is more than one hundred million dollars ($100,000,000), or one million dollars ($1,000,000), if the total gross assessed value of property within the political subdivision on the last assessment date is not more than one hundred million dollars ($100,000,000). (C) Any other controlled project for which a political subdivision adopts an ordinance or resolution making a preliminary determination to issue bonds or enter into a lease for the project, if the sum of: (i) the cost of that controlled project; plus (ii) the costs of all other controlled projects for which the political subdivision has previously adopted within the preceding three hundred sixty-five (365) days an ordinance or resolution making a preliminary determination to issue bonds or enter into a lease for those other controlled projects; exceeds twenty-five million dollars ($25,000,000). (D) A controlled project funded by debt service if the scope of the project changes from the purpose of the project initially advertised to taxpayers as determined under section 4.3(c) of this chapter. (E) This clause does not apply to a project for which a public hearing to issue bonds or enter into a lease has been conducted under IC 20-26-7-37 before July 1, 2023, or to a project for which an ordinance or resolution making a preliminary determination to issue bonds or enter into a lease is adopted after June 30, 2025. Except as provided in section 4.5 of this chapter, any other controlled project if the political subdivision's total debt service tax rate is at least eighty cents ($0.80) per one hundred dollars ($100) of assessed value. This clause expires December 31, 2025. For purposes of this clause, a political subdivision's total debt service tax rate does not include a tax rate imposed in a referendum debt service tax levy approved by voters. (F) Except as provided in section 4.5 of this chapter, any other project for which an ordinance or resolution making a preliminary determination to issue bonds or enter into a lease is adopted after June 30, 2025, if: (i) in the case of a school corporation, the school corporation's total debt service tax rate is more than seventy cents ($0.70) per one hundred dollars ($100) of assessed value; (ii) in the case of a city, county, or town, the city's, county's, or town's total debt service tax rate is more than forty cents ($0.40) per one hundred dollars ($100) of assessed value; or (iii) in the case of a political subdivision not described in item (i) or (ii), the political subdivision's total debt service tax rate is more than ten cents ($0.10) per one hundred dollars ($100) of assessed value. However, this clause does not apply to a project for which a public hearing to issue bonds or enter into a lease has been conducted under IC 20-26-7-37 before July 1, 2025. For purposes of this clause, a political subdivision's total debt service tax rate does not include a tax rate imposed in a referendum debt service tax levy approved by voters. (2) The proper officers of the political subdivision make a preliminary determination after June 30, 2008, in the manner described in subsection (b) to issue bonds or enter into a lease for the controlled project. (b) Subject to subsection (d), 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 publish notice in accordance with IC 5-3-1 and 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 notices of any meeting to consider the adoption of an ordinance or a resolution making a preliminary determination to issue bonds or enter into a lease and shall conduct at least two (2) public hearings on the preliminary determination before adoption of the ordinance or resolution. The political subdivision must at each of the public hearings on the preliminary determination allow the public to testify regarding the preliminary determination and must make the following information available to the public at each of the public hearings on the preliminary determination, in addition to any other information required by law: (A) The result of the political subdivision's current and projected annual debt service payments divided by the net assessed value of taxable property within the political subdivision. (B) The result of: (i) the sum of the political subdivision's outstanding long term debt plus the outstanding long term debt of other taxing units that include any of the territory of the political subdivision; divided by (ii) the net assessed value of taxable property within the political subdivision. (C) The information specified in subdivision (3)(A) through (3)(G). (2) If the proper officers of a political subdivision make a preliminary determination to issue bonds or enter into a lease, 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). (3) A notice under subdivision (2) of the preliminary determination of the political subdivision to issue bonds or enter into a lease 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 the proposed debt service or lease payments must be approved in an election on a local public question held under section 3.6 of this chapter. (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 annually incur to operate the facility. (G) The following information: (i) The political subdivision's current debt service levy and rate. (ii) 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. (iii) The estimated amount of the political subdivision's debt service levy and rate that will result during the following ten (10) years if the political subdivision issues the bonds or enters into the lease, after also considering any changes that will occur to the debt service levy and rate during that period on account of any outstanding bonds or lease obligations that will mature or terminate during that period. (H) The information specified in subdivision (1)(A) through (1)(B). (4) This subdivision does not apply to a controlled project described in subsection (a)(1)(E) (before its expiration) or subsection (a)(1)(F). After notice is given, a petition requesting the application of the local public question process under section 3.6 of this chapter may be filed by the lesser of: (A) five hundred (500) 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) This subdivision does not apply to a controlled project described in subsection (a)(1)(E) (before its expiration) or subsection (a)(1)(F). 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) This subdivision does not apply to a controlled project described in subsection (a)(1)(E) (before its expiration) or subsection (a)(1)(F). 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) This subdivision does not apply to a controlled project described in subsection (a)(1)(E) (before its expiration) or subsection (a)(1)(F). 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) This subdivision does not apply to a controlled project described in subsection (a)(1)(E) (before its expiration) or subsection (a)(1)(F). The county voter registration office shall determine whether each person who signed the petition is a registered voter. However, after the county voter registration office has determined that at least five hundred twenty-five (525) persons who signed the petition are registered voters within the political subdivision, the county voter registration office is not required to verify whether the remaining persons who signed the petition are registered voters. If the county voter registration office does not determine that at least five hundred twenty-five (525) persons who signed the petition are registered voters, the county voter registration office, not more than fifteen (15) business days after receiving a petition, shall 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) This subdivision does not apply to a controlled project described in subsection (a)(1)(E) (before its expiration) or subsection (a)(1)(F). The county voter registration office, not more than ten (10) business days after determining that at least five hundred twenty-five (525) persons who signed the petition are registered voters or after receiving the statement from the county auditor under subdivision (8), as applicable, shall make the final determination of whether a sufficient number of persons have signed the petition. 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 referendum 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 political 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) This subdivision does not apply to a controlled project described in subsection (a)(1)(E) (before its expiration) or subsection (a)(1)(F). 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 the referendum process. The certificate must state the number of petitioners who are owners of property within the political subdivision and the number of petitioners who are registered voters residing within the political subdivision. (11) This subdivision does not apply to a controlled project described in subsection (a)(1)(E) (before its expiration) or subsection (a)(1)(F). If a sufficient petition requesting the local public question 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) If the proper officers of a political subdivision make a preliminary determination to issue bonds or enter into a lease, the officers shall provide to the county auditor: (1) a copy of the notice required by subsection (b)(2); and (2) any other information the county auditor requires to fulfill the county auditor's duties under section 3.6 of this chapter. (d) In addition to the procedures in subsection (b), if any capital improvement components addressed in the most recent: (1) threat assessment of the buildings within the school corporation; or (2) school safety plan (as described in IC 20-26-18.2-2(b)); concerning a particular school have not been completed or require additional funding to be completed, before the school corporation may impose property taxes to pay debt service on bonds or lease rentals for a lease for a controlled project, and in addition to any other components of the controlled project, the controlled project must include any capital improvements necessary to complete those components described in subdivisions (1) and (2) that have not been completed or that require additional funding to be completed. (e) In addition to the other procedures in this section, an ordinance or resolution making a preliminary determination to issue bonds or enter into leases that is considered for adoption must include a statement of: (1) the maximum annual debt service for the controlled project for each year in which the debt service will be paid; and (2) the schedule of the estimated annual tax levy and rate over a ten (10) year period; factoring in changes that will occur to the debt service levy and tax rate during the period on account of any outstanding bonds or lease obligations that will mature or terminate during the period. As added by P.L.146-2008, SEC.193. Amended by P.L.182-2009(ss), SEC.145; P.L.41-2010, SEC.4; P.L.113-2010, SEC.35; P.L.218-2013, SEC.10; P.L.138-2016, SEC.2; P.L.246-2017, SEC.5; P.L.272-2019, SEC.1; P.L.159-2020, SEC.42; P.L.136-2021, SEC.3; P.L.239-2023, SEC.8; P.L.136-2024, SEC.24; P.L.68-2025, SEC.67.

Ind. Code § 6-1.1-20-3.6 Referendum process for bonds or lease for certain projects; imposition of property taxes to pay debt service

Sec. 3.6. (a) Except as provided in sections 3.7 and 3.8 of this chapter, this section applies only to a controlled project described in section 3.5(a) of this chapter. (b) In the case of a controlled project: (1) described in section 3.5(a)(1)(A) through 3.5(a)(1)(C) of this chapter, 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; or (2) described in section 3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) 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 (k), 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) increase property taxes paid to the _______ (insert the type of political subdivision) for no more than ______ (insert the number of years immediately following the holding of the referendum) years for the purpose of funding _______ (insert a brief description of the project use or purpose) for which the principal debt amount for the project will cost no more than ______ (insert the total cost of the project principal amount) and the financing cost including interest and fees will cost no more than an additional ______ (insert the total financing costs including interest and fees) and is estimated to increase the property taxes paid to the ______ (insert the type of political subdivision) by imposing a property tax rate that results in a maximum annual amount that does not exceed ______ (insert maximum amount of annual levy). If this capital referendum public question is approved by the voters, for a median residence of ______ (insert the political subdivision's median household assessed value, rounded up to the next fifty thousand dollars ($50,000)), the property's annual property tax bill would increase by ______ (insert dollar amount, rounded up to the next whole dollar) per year.". 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, the county election board shall submit the language and the certification of the county auditor to the department of local government finance for review. (d) 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 (e) unless the department of local government finance has first certified the department's final approval of the ballot language for the public question. (e) The county auditor shall certify the finally approved public question to the county election board of each county in which the political subdivision is located. The certification must occur not later than noon August 1. Subject to the certification requirements and deadlines under this subsection and except as provided in subsection (j), the public question shall be placed on the ballot at the next general election. (f) 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. (g) 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. (h) 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: (A) except as provided in clause (B), seven hundred (700) days after the date of the public question; or (B) three hundred fifty (350) days after the date of the election, if a petition that meets the requirements of subsection (m) is submitted to the county auditor. (i) IC 3, to the extent not inconsistent with this section, applies to an election held under this section. (j) A political subdivision may not divide a controlled project in order to avoid the requirements of this section and section 3.5 of this chapter. A person that owns property within a political subdivision or a person that is a registered voter residing within a political subdivision may file a petition with the department of local government finance objecting that the political subdivision has divided a controlled project into two (2) or more capital projects in order to avoid the requirements of this section and section 3.5 of this chapter. The petition must be filed not more than ten (10) days after the political subdivision gives notice of the political subdivision's decision under section 3.5 of this chapter or a determination under section 5 of this chapter to issue bonds or enter into leases for a capital project that the person believes is the result of a division of a controlled project that is prohibited by this subsection. If the department of local government finance receives a petition under this subsection, the department shall not later than thirty (30) days after receiving the petition make a final determination on the issue of whether the political subdivision divided a controlled project in order to avoid the requirements of this section and section 3.5 of this chapter. If the department of local government finance determines that a political subdivision divided a controlled project in order to avoid the requirements of this section and section 3.5 of this chapter and the political subdivision continues to desire to proceed with the project, the political subdivision may appeal the determination of the department of local government finance to the Indiana board of tax review. A political subdivision shall be considered to have divided a capital project in order to avoid the requirements of this section and section 3.5 of this chapter if the result of one (1) or more of the subprojects cannot reasonably be considered an independently desirable end in itself without reference to another capital project. This subsection does not prohibit a political subdivision from undertaking a series of capital projects in which the result of each capital project can reasonably be considered an independently desirable end in itself without reference to another capital project. (k) 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 sixty-three (63) 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 three hundred fifty (350) days after the date the resolution withdrawing the public question is adopted. (l) If a public question regarding a controlled project is placed on the ballot to be voted on at an election 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 website: (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. (m) If a majority of the eligible voters voting on the public question vote in opposition to the public question, a petition may be submitted to the county auditor to request that the limit under subsection (h)(2)(B) apply to the holding of a subsequent public question by the political subdivision. If such a petition is submitted to the county auditor and is signed by the lesser of: (1) five hundred (500) persons who are either owners of property within the political subdivision or registered voters residing within the political subdivision; or (2) five percent (5%) of the registered voters residing within the political subdivision; the limit under subsection (h)(2)(B) applies to the holding of a second public question by the political subdivision and the limit under subsection (h)(2)(A) does not apply to the holding of a second public question by the political subdivision. As added by P.L.146-2008, SEC.194. Amended by P.L.182-2009(ss), SEC.146; P.L.113-2010, SEC.36; P.L.198-2011, SEC.2; P.L.219-2013, SEC.73; P.L.169-2015, SEC.163; P.L.203-2015, SEC.3; P.L.149-2016, SEC.25; P.L.246-2017, SEC.6; P.L.38-2021, SEC.35; P.L.174-2022, SEC.41; P.L.239-2023, SEC.9; P.L.136-2024, SEC.25; P.L.156-2024, SEC.17; P.L.1-2025, SEC.80; P.L.68-2025, SEC.68.

Ind. Code § 6-1.1-20-3.7 Political subdivision resolution to apply local public question process if no petition requested the application or in certain disaster, accident, or emergency circumstances

Sec. 3.7. (a) This section applies to the following: (1) The issuance of bonds or the entering into a lease for a controlled project: (A) to which section 3.5 of this chapter applies; and (B) for which a sufficient petition requesting the application of the local public question process under section 3.6 of this chapter has not been filed as set forth in section 3.5 of this chapter within the time required under section 3.5(b)(7) of this chapter. (2) The issuance of bonds or the entering into a lease for a capital project: (A) that is not a controlled project to which section 3.5 of this chapter applies; and (B) that would, but for the application of section 1.1(a)(6) of this chapter to the project, be a controlled project to which section 3.5 of this chapter applies. (b) If the proper officers of a political subdivision make a preliminary determination to issue bonds described in subsection (a) or enter into a lease described in subsection (a), the fiscal body of the political subdivision may adopt a resolution specifying that the local public question process specified in section 3.6 of this chapter applies to the issuance of the bonds or the entering into the lease, notwithstanding that: (1) a sufficient petition requesting the application of the local public question process under section 3.6 of this chapter has not been filed as set forth in section 3.5 of this chapter (in the case of bonds or a lease described in subsection (a)(1)); or (2) because of the application of section 1.1(a)(6) of this chapter, the bonds or lease is not considered to be issued or entered into for a controlled project (in the case of bonds or a lease described in subsection (a)(2)). (c) The following apply to the adoption of a resolution by the fiscal body of a political subdivision under subsection (b): (1) In the case of bonds or a lease described in subsection (a)(1) and for which no petition requesting the application of the local public question process under section 3.6 of this chapter has been filed within the time required under section 3.5(b)(7) of this chapter, the fiscal body must adopt the resolution not more than sixty (60) days after publication of the notice of the preliminary determination to issue the bonds or enter into the lease. (2) In the case of bonds or a lease described in subsection (a)(1) for which a petition requesting the application of the local public question process under section 3.6 of this chapter: (A) has been filed under section 3.5 of this chapter; and (B) is determined to have an insufficient number of signatures to require application of the local public question process under section 3.6 of this chapter; the fiscal body must adopt the resolution not more than thirty (30) days after the county voter registration office makes the final determination under section 3.5 of this chapter that a sufficient number of persons have not signed the petition. (3) In the case of bonds or a lease described in subsection (a)(2), the fiscal body must adopt the resolution not more than thirty (30) days after publication of the notice of the preliminary determination to issue the bonds or enter into the lease. (4) The fiscal body shall certify the resolution to the county election board of each county in which the political subdivision is located, and the county election board shall place the public question on the ballot as provided in section 3.6 of this chapter. (d) Except to the extent it is inconsistent with this section, section 3.6 of this chapter applies to a local public question placed on the ballot under this section. As added by P.L.182-2009(ss), SEC.147. Amended by P.L.239-2023, SEC.10.

Ind. Code § 6-1.1-20-3.8 Procedure for initiating referendum for certain projects when petition and remonstrance process would otherwise apply

Sec. 3.8. (a) This section applies to the issuance of bonds or the entering into a lease for a controlled project to which section 3.1 of this chapter applies. (b) If the proper officers of a political subdivision make a preliminary determination to issue bonds or enter into a lease described in subsection (a), the fiscal body of the political subdivision may adopt a resolution specifying that the local public question process specified in section 3.6 of this chapter applies to the issuance of the bonds or the execution of the lease instead of the petition and remonstrance process under section 3.2 of this chapter. (c) The fiscal body must adopt a resolution under subsection (b) not later than the date on which the political subdivision makes a preliminary determination to issue bonds or enter into a lease as described in subsection (a). (d) The fiscal body must certify the resolution to the county election board of each county in which the political subdivision is located, and the county election board shall place the public question on the ballot as provided in section 3.6 of this chapter. (e) Except to the extent it is inconsistent with this section, section 3.6 of this chapter applies to a local public question placed on the ballot under this section. As added by P.L.113-2010, SEC.37.

Ind. Code § 6-1.1-20-3.9 Eligibility to vote on public question

Sec. 3.9. An individual who changes residence from a location within a school corporation to a location outside the school corporation less than thirty (30) days before an election under this chapter is not an eligible voter and may not vote on a public question. As added by P.L.109-2021, SEC.75.

Ind. Code § 6-1.1-20-4 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-46-7 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1982, P.L.47, SEC.1; P.L.27-1986, SEC.3. Repealed by P.L.25-1995, SEC.94.

Ind. Code § 6-1.1-20-4.1 School corporations; time period limitation on succeeding referendum tax levies

Sec. 4.1. This section applies to all school corporations. During the calendar year immediately succeeding the final calendar year in which a school corporation's previously approved controlled project referendum tax levy is imposed under this chapter, the school corporation may not adopt a resolution under section 3.5 of this chapter making a preliminary determination to issue bonds or enter into a lease or adopt a resolution to extend a referendum tax levy under this chapter. As added by P.L.68-2025, SEC.69.

Ind. Code § 6-1.1-20-4.2 Petition and remonstrance process for certain projects with a subsequent change in scope

Sec. 4.2. (a) This section applies only if, with respect to a particular controlled project that fulfilled the petition and remonstrance process under sections 3.1 and 3.2 of this chapter, the political subdivision subsequently changes the scope of the controlled project beyond that initially presented. (b) Notwithstanding any other provision in this chapter, if at least ten (10) persons who are either owners of property within the political subdivision or registered voters residing within the political subdivision file a petition with the proper officers of the political subdivision contending that the scope of a controlled project has changed from how it was initially presented, the proper officers of the political subdivision shall hold a public hearing to determine whether any change in scope is significant enough to warrant a new petition and remonstrance process. A petition under this subsection must be filed not later than one (1) year after the controlled project received final approval. (c) Notwithstanding any other provision in this chapter, if it is determined at the hearing described in subsection (b) that the political subdivision has subsequently changed the scope of a controlled project beyond that initially presented as described in subsection (a), the political subdivision must complete the following procedures under this section: (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. 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 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 political subdivision may not proceed with the changed scope of the controlled project. In that case, the political subdivision may either: (A) proceed with the controlled project as it was initially presented; or (B) terminate the controlled project as it was initially presented and initiate procedures for the controlled project that reflects the change in scope. 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.136-2024, SEC.26. Amended by P.L.74-2026, SEC.6.

Ind. Code § 6-1.1-20-4.3 Petition and referendum process for certain projects with a subsequent change in scope

Sec. 4.3. (a) This section applies only if, with respect to a particular controlled project that fulfilled the referendum process under sections 3.5 and 3.6 of this chapter, the political subdivision subsequently changes the scope of the controlled project beyond that initially presented. (b) Notwithstanding any other provision in this chapter, if at least ten (10) persons who are either owners of property within the political subdivision or registered voters residing within the political subdivision file a petition with the proper officers of the political subdivision contending that the scope of a controlled project has changed from how it was initially presented, the proper officers of the political subdivision shall hold a public hearing to determine whether any change in scope is significant enough to warrant a new referendum process. A petition under this subsection must be filed not later than one (1) year after the controlled project received final approval. (c) Notwithstanding any other provision in this chapter, if it is determined at the hearing described in subsection (b) that the political subdivision has subsequently changed the scope of a controlled project beyond that initially presented as described in subsection (a), the following procedures apply: (1) A petition requesting the application of the local public question process under this section may be filed using, and in compliance with, the provisions that initially applied to the particular controlled project under section 3.5 of this chapter. For purposes of this subdivision, the relevant provisions in section 3.5 of this chapter shall be construed in a manner consistent with this section. (2) If a sufficient petition requesting the application of the local public question process for purposes of this section has been filed under subdivision (1), 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) increase property taxes paid to the _______ (insert the type of political subdivision) for no more than ______ (insert the number of years immediately following the holding of the referendum) years for the purpose of funding _______ (insert a brief description of the project use or purpose) for which the principal debt amount for the project will cost no more than ______ (insert the total cost of the project principal amount) and the financing cost including interest and fees will cost no more than an additional ______ (insert the total financing costs including interest and fees) and is estimated to increase the property taxes paid to the ______ (insert the type of political subdivision) by imposing a property tax rate that results in a maximum annual amount that does not exceed ______ (insert maximum amount of annual levy). If this capital referendum public question is approved by the voters, for a median residence of ______ (insert the political subdivision's median household assessed value, rounded up to the next fifty thousand dollars ($50,000)), the property's annual property tax bill would increase by ______ (insert dollar amount, rounded up to the next whole dollar) per year.". (3) The public question must appear on the ballot in the form approved by the county election board. If the political subdivision in which the particular controlled project 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. (4) 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 subdivision (5) unless the department of local government finance has first certified the department's final approval of the ballot language for the public question. (5) The county auditor shall certify the finally approved public question to the county election board of each county in which the political subdivision is located. The certification must occur not later than noon August 1. (6) The public question shall be placed on the ballot at the next general election in which all voters of the political subdivision are entitled to vote. (7) The circuit court clerk shall certify the results of the public question to the following: (A) The county auditor of each county in which the political subdivision is located. (B) The department of local government finance. (8) IC 3, to the extent not inconsistent with this section, applies to an election held under this section. (9) If a majority of the eligible voters voting on the public question vote in opposition to the public question, or if a petition is not filed under subdivision (1), the political subdivision may not proceed with the changed scope of the controlled project. In that case, the political subdivision may either: (A) proceed with the controlled project as it was initially presented; or (B) terminate the controlled project as it was initially presented and initiate procedures for the controlled project that reflects the change in scope. (10) If a majority of the eligible voters voting on the public question vote in favor of the public question, the political subdivision may impose property taxes to fund the increase in the scope of the controlled project previously approved. As added by P.L.136-2024, SEC.27. Amended by P.L.68-2025, SEC.70.

Ind. Code § 6-1.1-20-4.5 Maintenance emergencies

Sec. 4.5. (a) As used in this section, "maintenance emergency" refers to a response to a condition that is not otherwise subject to the application of section 1.1(a)(6) of this chapter and includes: (1) repair of a boiler or chiller system; (2) roof repair; (3) storm damage repair; or (4) any other repair that the department determines is a maintenance emergency for which waiver of the application of section 3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) of this chapter is warranted. (b) A political subdivision may submit a request to the department to waive the application of section 3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) of this chapter, if the proposed controlled project of the political subdivision is to address a maintenance emergency with respect to a building owned or leased by the political subdivision. (c) The department shall require the political subdivision to submit any information that the department considers necessary to determine whether the condition that the political subdivision contends is a maintenance emergency. (d) The department shall review a request and issue a determination not later than forty-five (45) days after the department receives a request under this section determining whether the condition that the political subdivision contends is a maintenance emergency is sufficient to waive the application of section 3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) of this chapter. If the department determines that the condition is a maintenance emergency then section 3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) of this chapter is waived and does not apply to the proposed controlled project. (e) A waiver of the application of section 3.5(a)(1)(E) (before its expiration) or 3.5(a)(1)(F) of this chapter in accordance with this section may not be construed as a waiver of any other requirement of this chapter with respect to the proposed controlled project. As added by P.L.239-2023, SEC.11. Amended by P.L.136-2024, SEC.28; P.L.68-2025, SEC.71.

Ind. Code § 6-1.1-20-4.6 Department of local government finance; determination of tax rate for annual levy and other information of ballot language

Sec. 4.6. Each year, the county auditor, with cooperation from the department of local government finance, shall determine the tax rate needed to raise the maximum amount of the annual levy for the year as described under sections 3.6 and 4.3 of this chapter, as applicable, and determine all other information needed for the ballot language in those sections. As added by P.L.68-2025, SEC.72.

Ind. Code § 6-1.1-20-5 Issuance of bonds or leases in excess of $5,000; objections by taxpayers to certain bonds or leases

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 5. (a) When the proper officers of a political subdivision decide to issue bonds or enter into leases in a total amount which exceeds five thousand dollars ($5,000), they shall give notice of the decision by: (1) posting; and (2) publication once each week for two (2) weeks. The notice required by this section shall be posted in three (3) public places in the political subdivision and published in accordance with IC 5-3-1-4. The decision to issue bonds may be a preliminary decision. (b) This subsection does not apply to bonds or lease rental agreements for which a political subdivision: (1) after June 30, 2008, makes: (A) a preliminary determination as described in section 3.1 or 3.5 of this chapter; or (B) a decision as described in subsection (a); or (2) in the case of bonds or lease rental agreements not subject to section 3.1 or 3.5 of this chapter and not subject to subsection (a), adopts a resolution or ordinance authorizing the bonds or lease rental agreement after June 30, 2008. Ten (10) or more taxpayers who will be affected by the proposed issuance of the bonds and who wish to object to the issuance on the grounds that it is unnecessary or excessive may file a petition in the office of the auditor of the county in which the political subdivision is located. The petition must be filed within fifteen (15) days after the notice required by subsection (a) is given, and it must contain the objections of the taxpayers and facts which show that the proposed issue is unnecessary or excessive. When taxpayers file a petition in the manner prescribed in this subsection, the county auditor shall immediately forward a certified copy of the petition and any other relevant information to the department of local government finance. [Pre-1975 Property Tax Recodification Citation: 6-1-1-25 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.27-1986, SEC.4; P.L.25-1995, SEC.51; P.L.90-2002, SEC.193; P.L.224-2007, SEC.33; P.L.146-2008, SEC.195.

Ind. Code § 6-1.1-20-5 Issuance of bonds or leases in excess of $5,000; objections by taxpayers to certain bonds or leases

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 5. (a) When the proper officers of a political subdivision decide to issue bonds or enter into leases in a total amount which exceeds five thousand dollars ($5,000), they shall give notice of the decision by: (1) posting; and (2) publication once each week for two (2) weeks. The notice required by this section shall be posted in three (3) public places in the political subdivision and published in accordance with IC 5-3-1-1.5. The decision to issue bonds may be a preliminary decision. (b) This subsection does not apply to bonds or lease rental agreements for which a political subdivision: (1) after June 30, 2008, makes: (A) a preliminary determination as described in section 3.1 or 3.5 of this chapter; or (B) a decision as described in subsection (a); or (2) in the case of bonds or lease rental agreements not subject to section 3.1 or 3.5 of this chapter and not subject to subsection (a), adopts a resolution or ordinance authorizing the bonds or lease rental agreement after June 30, 2008. Ten (10) or more taxpayers who will be affected by the proposed issuance of the bonds and who wish to object to the issuance on the grounds that it is unnecessary or excessive may file a petition in the office of the auditor of the county in which the political subdivision is located. The petition must be filed within fifteen (15) days after the notice required by subsection (a) is given, and it must contain the objections of the taxpayers and facts which show that the proposed issue is unnecessary or excessive. When taxpayers file a petition in the manner prescribed in this subsection, the county auditor shall immediately forward a certified copy of the petition and any other relevant information to the department of local government finance. [Pre-1975 Property Tax Recodification Citation: 6-1-1-25 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.27-1986, SEC.4; P.L.25-1995, SEC.51; P.L.90-2002, SEC.193; P.L.224-2007, SEC.33; P.L.146-2008, SEC.195; P.L.157-2026, SEC.73.

Ind. Code § 6-1.1-20-6 Department of local government finance hearing on taxpayers' objections; department action; appeal

Sec. 6. (a) Upon receipt of a certified petition filed in the manner prescribed in section 5(b) of this chapter, the department of local government finance shall fix a time and place for a hearing on the matter. The department of local government finance shall hold the hearing not less than five (5) or more than thirty (30) days after the department receives the petition, and the department shall hold the hearing in the political subdivision or in the county where the political subdivision is located. At least five (5) days before the date fixed for the hearing, the department of local government finance shall give notice of the hearing, by mail, to the executive officer of the political subdivision and to the first ten (10) taxpayers who signed the petition. The mailings shall be addressed to the officer and the taxpayers at their usual place of residence. (b) After the hearing required by this section, the department of local government finance may approve, disapprove, or reduce the amount of the proposed issue. The department of local government finance must render a decision not later than three (3) months after the hearing, and if no decision is rendered within that time, the issue is considered approved unless the department takes the extension provided for in this section. A three (3) month extension of the time period during which the decision must be rendered may be taken by the department of local government finance if the department by mail gives notice of the extension to the executive officer of the political subdivision and to the first ten (10) taxpayers who signed the petition, at least ten (10) days before the end of the original three (3) month period. If no decision is rendered within the extension period, the issue is considered approved. (c) A: (1) taxpayer who signed a petition referred to in subsection (a); or (2) political subdivision against which a petition referred to in subsection (a) is filed; may petition for judicial review of the final determination of the department of local government finance under subsection (b). The petition must be filed in the tax court not more than forty-five (45) days after the department renders its decision under subsection (b). [Pre-1975 Property Tax Recodification Citation: 6-1-1-25 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1981, P.L.74, SEC.1; P.L.23-1984, SEC.7; P.L.90-2002, SEC.194; P.L.256-2003, SEC.22.

Ind. Code § 6-1.1-20-7 Interest rate in excess of 8%; approval by department of local government finance of certain bonds

Sec. 7. (a) This section does not apply to bonds, notes, or warrants for which a political subdivision: (1) after June 30, 2008, makes a preliminary determination as described in section 3.1 or 3.5 of this chapter or a decision as described in section 5 of this chapter; or (2) in the case of bonds, notes, or warrants not subject to section 3.1, 3.5, or 5 of this chapter, adopts a resolution or ordinance authorizing the bonds, notes, or warrants after June 30, 2008. (b) When the proper officers of a political subdivision decide to issue any bonds, notes, or warrants which will be payable from property taxes and which will bear interest in excess of eight percent (8%) per annum, the political subdivision shall submit the matter to the department of local government finance for review. The department of local government finance may either approve or disapprove the rate of interest. (c) This section does not apply to a school corporation. [Pre-1975 Property Tax Recodification Citation: 6-1-1-25 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.23-1984, SEC.8; P.L.90-2002, SEC.195; P.L.224-2007, SEC.34; P.L.146-2008, SEC.196; P.L.233-2015, SEC.19.

Ind. Code § 6-1.1-20-7.5 Review and approval by department of local government finance not required for certain bonds or leases

Sec. 7.5. This section applies only to bonds, leases, and other debt for which a political subdivision: (1) after June 30, 2008, makes a preliminary determination as described in section 3.1 or 3.5 of this chapter or a decision as described in section 5 of this chapter; or (2) in the case of bonds, leases, or other obligations not subject to section 3.1, 3.5, or 5 of this chapter, adopts a resolution or ordinance authorizing the bonds, lease rental agreement, or other obligations after June 30, 2008. Notwithstanding any other provision, review by the department of local government finance and approval by the department of local government finance are not required before a political subdivision may issue or enter into bonds, a lease, or any other obligations payable from ad valorem property taxes. As added by P.L.146-2008, SEC.197.

Ind. Code § 6-1.1-20-8 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-48-1.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1979, P.L.59, SEC.1. Repealed by Acts 1980, P.L.8, SEC.26.

Ind. Code § 6-1.1-20-9 Public improvement bonds, ordinance, or resolution; construction bidding

Sec. 9. (a) When the proper officers of a political subdivision decide to issue bonds payable from property taxes to finance a public improvement or enter into a lease rental agreement payable from property taxes to finance a public improvement, they shall adopt an ordinance or resolution which sets forth their determination to issue the bonds or enter into the lease rental agreement. Except as provided in subsection (b), the political subdivision may not advertise for or receive bids for the construction of the improvement until the expiration of: (1) the time period within which taxpayers may file a petition: (A) for review of or a remonstrance against the proposed issue or lease, in the case of a proposed issue or lease that is subject to section 3.1 of this chapter; or (B) to initiate the local public question process, in the case of a proposed issue or lease that is subject to section 3.5 of this chapter; or (2) the time period during which a petition for review of the proposed issue or lease is pending before the department of local government finance (in the case of bonds or a lease for which a petition for review may be filed with the department of local government finance). (b) This subsection does not apply to bonds or lease rental agreements for which a political subdivision: (1) after June 30, 2008, makes: (A) a preliminary determination as described in section 3.1 or 3.5 of this chapter; or (B) a decision as described in section 5 of this chapter; or (2) in the case of bonds or lease rental agreements not subject to section 3.1 or 3.5 of this chapter and not subject to section 5 of this chapter, adopts a resolution or ordinance authorizing the bonds or lease rental agreement after June 30, 2008. When a petition for review of a proposed issue is pending before the department of local government finance, the department may order the political subdivision to advertise for and receive bids for the construction of the public improvement. When the department of local government finance issues such an order, the political subdivision shall file a bid report with the department within five (5) days after the bids are received, and the department shall render a final decision on the proposed issue within fifteen (15) days after it receives the bid report. Notwithstanding the provisions of this subsection, a political subdivision may not enter into a contract for the construction of a public improvement while a petition for review of the bond issue which is to finance the improvement is pending before the department of local government finance. [Pre-1975 Property Tax Recodification Citations: 6-1-49-1; 6-1-50-1.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.90-2002, SEC.196; P.L.224-2007, SEC.35; P.L.146-2008, SEC.198.

Ind. Code § 6-1.1-20-10 Restrictions on promoting a position on a petition and remonstrance

Sec. 10. (a) This section applies to: (1) a political subdivision that adopts an ordinance or a resolution making a preliminary determination to issue bonds or enter into a lease; and (2) any other political subdivision that has assessed value within the same taxing district as the political subdivision described in subdivision (1). (b) Except as otherwise provided in this section, during the period commencing with the adoption of the ordinance or resolution and, if a petition and remonstrance process is commenced under section 3.2 of this chapter, continuing through the sixty (60) day period commencing with the notice under section 3.2(b)(1) of this chapter, the political subdivision seeking to issue bonds or enter into a lease for the proposed controlled project, or any other political subdivision that has assessed value within the same taxing district, may not promote a position on the petition or remonstrance by doing any of the following: (1) Using facilities or equipment, including mail and messaging systems, owned by the political subdivision to promote a position on the petition or remonstrance, 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 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, 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 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 (g) is advocating for or against a position on the petition or remonstrance or discussing the petition or remonstrance as authorized under subsection (g), 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 (g). (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 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 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. (c) A person may not solicit or collect signatures for a petition or remonstrance on property owned or controlled by the political subdivision. (d) 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. (e) 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 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. (f) 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 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. (g) 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. (h) Nothing in this section shall be construed to prevent a political subdivision that has assessed value within the same taxing district as the political subdivision described in subsection (a) from adopting a resolution or taking a position on the local public question. As added by P.L.1-2004, SEC.32 and P.L.23-2004, SEC.35. Amended by P.L.162-2006, SEC.5; P.L.146-2008, SEC.199; P.L.182-2009(ss), SEC.148; P.L.198-2011, SEC.3; P.L.60-2020, SEC.2; P.L.1-2025, SEC.81.

Ind. Code § 6-1.1-20-10.1 Restrictions on promoting a position on a referendum

Sec. 10.1. (a) This section applies only to: (1) a political subdivision that adopts an ordinance or a resolution making a preliminary determination to issue bonds or enter into a lease subject to sections 3.5 and 3.6 of this chapter; and (2) any other political subdivision that has assessed value within the same taxing district as the political subdivision described in subdivision (1). (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, or any other political subdivision that has assessed value within the same taxing district, may not promote a position on the local public question by doing any of the following: (1) Using facilities or equipment, including mail and messaging systems, owned by the political subdivision 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. 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 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 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 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. (h) Nothing in this section shall be construed to prevent a political subdivision that has assessed value within the same taxing district as the political subdivision described in subsection (a) from adopting a resolution or taking a position on the local public question. As added by P.L.146-2008, SEC.200. Amended by P.L.182-2009(ss), SEC.149; P.L.198-2011, SEC.4; P.L.60-2020, SEC.3.

Ind. Code § 6-1.1-20-11 Standards; validity of signatures on petition

Sec. 11. (a) This section applies to the determination of the validity of a signature on a document required for a petition and remonstrance procedure under this chapter. (b) If: (1) the validity of a signature is uncertain; and (2) this section does not establish a standard to be applied in that case; a reasonable doubt must be resolved in favor of the validity of the signature. (c) Whenever the name of an individual, as printed or signed, contains a minor variation from the name of the individual as set forth in the relevant county records, the signature is considered valid. (d) Whenever the residence address or mailing address of an individual contains a minor variation from the residence address or mailing address as set forth in the relevant county records, the signature is considered valid. (e) Notwithstanding subsection (c) or (d), if the residence address or mailing address of an individual contains a substantial variation from the residence address or mailing address as set forth in the relevant county records, the signature is considered invalid. (f) If the signature of an individual does not substantially conform with the signature of the individual in the relevant county records, the signature is considered invalid. In determining whether a signature substantially conforms with an individual's in the relevant county records, consideration shall be given to whether that lack of conformity may reasonably be attributed to the age, disability, or impairment of the individual. As added by P.L.162-2006, SEC.6.

Ind. Code § 6-1.1-20-12 Distribution of levy approved in referendum

Sec. 12. (a) This section applies to taxes first due and payable in 2012 or a subsequent year. (b) The county auditor shall distribute proceeds collected from an allocation area (as defined in IC 6-1.1-21.2-3) that are attributable to property taxes imposed after being approved by the voters in a referendum conducted after April 30, 2010, to the taxing unit for which the referendum was conducted. (c) The amount to be distributed under subsection (b) shall be treated as part of the referendum levy for purposes of setting tax rates for property taxes imposed after being approved by the voters in a referendum conducted after April 30, 2010. (d) For a school corporation that conducted a referendum after November 1, 2009, and before May 1, 2010, for distributions after 2013, the county auditor shall distribute proceeds collected from an allocation area (as defined in IC 6-1.1-21.2-3) that are attributable to property taxes imposed after being approved by the voters in the referendum, to the school corporation for which the referendum was conducted. The amount to be distributed to the school corporation shall be treated as part of the referendum levy for purposes of setting the school corporation's tax rates. As added by P.L.203-2011, SEC.1. Amended by P.L.257-2013, SEC.19.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/6Fetched: 10/17/2026

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