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

Indiana § 6-1.1-20-4.3

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

Text

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.

Legislative History

As added by P.L.136-2024, SEC.27. Amended by P.L.68-2025, SEC.70.