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
subdi
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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.