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

Indiana § 6-1.1-20-4.2

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 20: Procedures for Issuance of Bonds and Other Evidences

Text

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 and to the
organizations described in section 3.1(b)(1) of this chapter.
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.

Legislative History

As added by P.L.136-2024, SEC.26.