IC 20-46 ARTICLE 46. LEVIES OTHER THAN GENERAL
FUND LEVIES
IC 20-46-1
Chapter 1. Referendum Tax Levy
IC 20-46-1-1 "Base tax levy"
Sec. 1. As used in this chapter, "base tax levy" means the total
dollar amount of the property tax levied by a school corporation for
the school corporation's general fund for taxes collectible in 1973,
assuming one hundred percent (100%) tax collection, as adjusted
under IC 6-1.1-19-4.4(a)(4) (before its repeal), IC 6-1.1-19-4.5(c)
(before its repeal), IC 6-1.1-19-6(b) (before its repeal), and
IC 6-1.1-19-6(c) (before its repeal). As added by P.L.2-2006, SEC.169.
IC 20-46-1-2
Repealed
(Repealed by P.L.146-2008, SEC.810.)
IC 20-46-1-3 "Fund"
Sec. 3. As used in this chapter, "fund" refers to the referendum tax
levy fund. As added by P.L.2-2006, SEC.169.
IC 20-46-1-4 "Levy"
Sec. 4. As used in this chapter, "levy" refers to the property tax
levy imposed under this chapter. As added by P.L.2-2006, SEC.169.
IC 20-46-1-5 "Referendum"
Sec. 5. As used in this chapter, "referendum" refers to a
referendum under this chapter. As added by P.L.2-2006, SEC.169.
IC 20-46-1-6 Power; levy
Sec. 6. A school corporation may impose a referendum tax levy
for the school corporation's fund in the amount allowed under:
(1) section 7 of this chapter;
(2) sections 8 through 19 of this chapter; or
(3) both subdivisions (1) and (2). As added by P.L.2-2006, SEC.169.
IC 20-46-1-7 Transfer of certain levies from general fund
Sec. 7. (a) This section applies to a school corporation that added
an amount to the school corporation's base tax levy before 2002 as
the result of the approval of an excessive tax levy by the majority of
individuals voting in a referendum held in the area served by the
school corporation under IC 6-1.1-19-4.5 (before its repeal).
(b) A school corporation may adopt a resolution before September
21, 2005, to transfer the power of the school corporation to levy the
amount described in subsection (a) from the school corporation's
general fund to the school corporation's fund. A school corporation
that adopts a resolution under this section shall, as soon as
practicable after adopting the resolution, send a certified copy of the
resolution to the department of local government finance and the
county auditor. A school corporation that adopts a resolution under
this section may, for property taxes first due and payable after 2005,
levy an additional amount for the fund that does not exceed the
amount of the excessive tax levy added to the school corporation's
base tax levy before 2002.
(c) The power of the school corporation to impose the levy
transferred to the fund under this section expires December 31, 2012,
unless:
(1) the school corporation adopts a resolution to reimpose or
extend the levy; and
(2) the levy is approved, before January 1, 2013, by a majority
of the individuals who vote in a referendum that is conducted in
accordance with the requirements in this chapter.
As soon as practicable after adopting the resolution under
subdivision (1), the school corporation shall send a certified copy of
the resolution to the department of local government finance and the
county auditor. However, if requested by the school corporation in
the resolution adopted under subdivision (1), the question of
reimposing or extending a levy transferred to the fund under this
section may be combined with a question presented to the voters to
reimpose or extend a levy initially imposed after 2001. A levy
reimposed or extended under this subsection shall be treated for all
purposes as a levy reimposed or extended under this chapter.
(d) The school corporation's levy under this section may not be
considered in the determination of the school corporation's state
tuition support distribution under IC 20-43 or the determination of
any other property tax levy imposed by the school corporation. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.494; P.L.182-2009(ss), SEC.345; P.L.41-2010, SEC.5.
IC 20-46-1-8 Resolution for referendum levy; purposes of referendum levy
Sec. 8. (a) Subject to this chapter, the governing body of a school
corporation may adopt a resolution to place a referendum under this
chapter on the ballot for either of the following purposes:
(1) The governing body of the school corporation determines
that it cannot, in a calendar year, carry out its public educational
duty unless it imposes a referendum tax levy under this chapter.
(2) The governing body of the school corporation determines
that a referendum tax levy under this chapter should be imposed
to replace property tax revenue that the school corporation will
not receive because of the application of the credit under
IC 6-1.1-20.6.
(b) The governing body of the school corporation shall certify a
copy of the resolution to the department of local government finance
and the county fiscal body of each county in which the school
corporation is located. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.495; P.L.41-2010, SEC.6.
IC 20-46-1-9 Referendum
Sec. 9. A referendum tax levy under this chapter may be put into
effect only if a majority of the individuals who vote in a referendum
that is conducted in accordance with this section and sections 10
through 19 of this chapter approves the appellant school
corporation's making a levy for the ensuing calendar year. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.496.
IC 20-46-1-10 Form; referendum question
Sec. 10. The question to be submitted to the voters in the
referendum must read as follows:
"For the __ (insert number) calendar year or years immediately
following the holding of the referendum, shall the school
corporation impose a property tax rate that does not exceed
_____________ (insert amount) cents ($0.__) (insert amount)
on each one hundred dollars ($100) of assessed valuation and
that is in addition to all other property tax levies imposed by the
school corporation?". As added by P.L.2-2006, SEC.169. Amended by P.L.113-2010,
SEC.97.
IC 20-46-1-11 Maximum term of levy
Sec. 11. The voters in a referendum may not approve a levy that
is imposed for more than seven (7) years. However, a levy may be
reimposed or extended under this chapter. As added by P.L.2-2006, SEC.169.
IC 20-46-1-12 Certification of public question
Sec. 12. If a school corporation adopts a resolution under section
8 of this chapter, the county fiscal body must under IC 3-10-9-3
certify the question to be voted on at the referendum to the county
election board of each county in which any part of the appellant
school corporation is located. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.497.
IC 20-46-1-13 County clerk duties; referendum
Sec. 13. Each county clerk shall, upon receiving the question
certified by the county fiscal body under this chapter, call a meeting
of the county election board to make arrangements for the
referendum. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.498.
IC 20-46-1-14 Date of referendum
Sec. 14. (a) The referendum shall be held in the next primary
election, general election, or municipal election in which all the
registered voters who are residents of the appellant school
corporation are entitled to vote after certification of the question
under IC 3-10-9-3. The certification of the question must occur not
later than noon:
(1) sixty (60) days before a primary election if the question is
to be placed on the primary or municipal primary election
ballot; or
(2) August 1 if the question is to be placed on the general or
municipal election ballot.
However, if a primary election, general election, or municipal
election will not be held during the first year in which the public
question is eligible to be placed on the ballot under this chapter and
if the appellant school corporation requests the public question to be
placed on the ballot at a special election, the public question shall be
placed on the ballot at a special election to be held on the first
Tuesday after the first Monday in May or November of the year. The
certification must occur not later than noon sixty (60) days before a
special election to be held in May (if the special election is to be held
in May) or noon on August 1 (if the special election is to be held in
November).
(b) If the referendum is not conducted at a primary election,
general election, or municipal election, the appellant school
corporation in which the referendum is to be held shall pay all the
costs of holding the referendum. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.499; P.L.113-2010, SEC.98.
IC 20-46-1-15 Duties; county election board
Sec. 15. Each county election board shall cause:
(1) the question certified to the circuit court clerk by the county
fiscal body to be placed on the ballot in the form prescribed by
IC 3-10-9-4; and
(2) an adequate supply of ballots and voting equipment to be
delivered to the precinct election board of each precinct in
which the referendum is to be held. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.500.
IC 20-46-1-16 Qualified voters
Sec. 16. The individuals entitled to vote in the referendum are all
of the registered voters resident in the appellant school corporation. As added by P.L.2-2006, SEC.169.
IC 20-46-1-17 Conduct of election
Sec. 17. Each precinct election board shall count the affirmative
votes and the negative votes cast in the referendum and shall certify
those two (2) totals to the county election board of each county in
which the referendum is held. The circuit court clerk of each county
shall, immediately after the votes cast in the referendum have been
counted, certify the results of the referendum to the county fiscal
body. Upon receiving the certification of all the votes cast in the
referendum, the county fiscal body shall promptly certify the result
of the referendum to the department of local government finance. If
a majority of the individuals who voted in the referendum voted
"yes" on the referendum question:
(1) the county fiscal body shall promptly notify the school
corporation that the school corporation is authorized to collect,
for the calendar year that next follows the calendar year in
which the referendum is held, a levy not greater than the
amount approved in the referendum;
(2) the levy may be imposed for the number of calendar years
approved by the voters following the referendum for the school
corporation in which the referendum is held; and
(3) the school corporation shall establish a fund under
IC 20-40-3-1. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.501.
IC 20-46-1-18 Levy; additional to other levies
Sec. 18. A school corporation's levy may not be considered in the
determination of the school corporation's state tuition support
distribution under IC 20-43 or the determination of any other
property tax levy imposed by the school corporation. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.502; P.L.1-2009, SEC.126.
IC 20-46-1-19 Rejection of voters; waiting period
Sec. 19. If a majority of the persons who voted in the referendum
did not vote "yes" on the referendum question:
(1) the school corporation may not make any levy for its
referendum tax levy fund; and
(2) another referendum under this section may not be held for
one (1) year after the date of the referendum. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.503.
IC 20-46 ARTICLE 46. LEVIES OTHER THAN GENERAL
FUND LEVIES
IC 20-46-1
Chapter 1. Referendum Tax Levy
IC 20-46-1-1 "Base tax levy"
Sec. 1. As used in this chapter, "base tax levy" means the total
dollar amount of the property tax levied by a school corporation for
the school corporation's general fund for taxes collectible in 1973,
assuming one hundred percent (100%) tax collection, as adjusted
under IC 6-1.1-19-4.4(a)(4) (before its repeal), IC 6-1.1-19-4.5(c)
(before its repeal), IC 6-1.1-19-6(b) (before its repeal), and
IC 6-1.1-19-6(c) (before its repeal). As added by P.L.2-2006, SEC.169.
IC 20-46-1-2
Repealed
(Repealed by P.L.146-2008, SEC.810.)
IC 20-46-1-3 "Fund"
Sec. 3. As used in this chapter, "fund" refers to the referendum tax
levy fund. As added by P.L.2-2006, SEC.169.
IC 20-46-1-4 "Levy"
Sec. 4. As used in this chapter, "levy" refers to the property tax
levy imposed under this chapter. As added by P.L.2-2006, SEC.169.
IC 20-46-1-5 "Referendum"
Sec. 5. As used in this chapter, "referendum" refers to a
referendum under this chapter. As added by P.L.2-2006, SEC.169.
IC 20-46-1-6 Power; levy
Sec. 6. A school corporation may impose a referendum tax levy
for the school corporation's fund in the amount allowed under:
(1) section 7 of this chapter;
(2) sections 8 through 19 of this chapter; or
(3) both subdivisions (1) and (2). As added by P.L.2-2006, SEC.169.
IC 20-46-1-7 Transfer of certain levies from general fund
Sec. 7. (a) This section applies to a school corporation that added
an amount to the school corporation's base tax levy before 2002 as
the result of the approval of an excessive tax levy by the majority of
individuals voting in a referendum held in the area served by the
school corporation under IC 6-1.1-19-4.5 (before its repeal).
(b) A school corporation may adopt a resolution before September
21, 2005, to transfer the power of the school corporation to levy the
amount described in subsection (a) from the school corporation's
general fund to the school corporation's fund. A school corporation
that adopts a resolution under this section shall, as soon as
practicable after adopting the resolution, send a certified copy of the
resolution to the department of local government finance and the
county auditor. A school corporation that adopts a resolution under
this section may, for property taxes first due and payable after 2005,
levy an additional amount for the fund that does not exceed the
amount of the excessive tax levy added to the school corporation's
base tax levy before 2002.
(c) The power of the school corporation to impose the levy
transferred to the fund under this section expires December 31, 2012,
unless:
(1) the school corporation adopts a resolution to reimpose or
extend the levy; and
(2) the levy is approved, before January 1, 2013, by a majority
of the individuals who vote in a referendum that is conducted in
accordance with the requirements in this chapter.
As soon as practicable after adopting the resolution under
subdivision (1), the school corporation shall send a certified copy of
the resolution to the department of local government finance and the
county auditor. However, if requested by the school corporation in
the resolution adopted under subdivision (1), the question of
reimposing or extending a levy transferred to the fund under this
section may be combined with a question presented to the voters to
reimpose or extend a levy initially imposed after 2001. A levy
reimposed or extended under this subsection shall be treated for all
purposes as a levy reimposed or extended under this chapter.
(d) The school corporation's levy under this section may not be
considered in the determination of the school corporation's state
tuition support distribution under IC 20-43 or the determination of
any other property tax levy imposed by the school corporation. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.494; P.L.182-2009(ss), SEC.345; P.L.41-2010, SEC.5.
IC 20-46-1-8 Resolution for referendum levy; purposes of referendum levy
Sec. 8. (a) Subject to this chapter, the governing body of a school
corporation may adopt a resolution to place a referendum under this
chapter on the ballot for either of the following purposes:
(1) The governing body of the school corporation determines
that it cannot, in a calendar year, carry out its public educational
duty unless it imposes a referendum tax levy under this chapter.
(2) The governing body of the school corporation determines
that a referendum tax levy under this chapter should be imposed
to replace property tax revenue that the school corporation will
not receive because of the application of the credit under
IC 6-1.1-20.6.
(b) The governing body of the school corporation shall certify a
copy of the resolution to the department of local government finance
and the county fiscal body of each county in which the school
corporation is located. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.495; P.L.41-2010, SEC.6.
IC 20-46-1-9 Referendum
Sec. 9. A referendum tax levy under this chapter may be put into
effect only if a majority of the individuals who vote in a referendum
that is conducted in accordance with this section and sections 10
through 19 of this chapter approves the appellant school
corporation's making a levy for the ensuing calendar year. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.496.
IC 20-46-1-10 Form; referendum question
Sec. 10. The question to be submitted to the voters in the
referendum must read as follows:
"For the __ (insert number) calendar year or years immediately
following the holding of the referendum, shall the school
corporation impose a property tax rate that does not exceed
_____________ (insert amount) cents ($0.__) (insert amount)
on each one hundred dollars ($100) of assessed valuation and
that is in addition to all other property tax levies imposed by the
school corporation?". As added by P.L.2-2006, SEC.169. Amended by P.L.113-2010,
SEC.97.
IC 20-46-1-11 Maximum term of levy
Sec. 11. The voters in a referendum may not approve a levy that
is imposed for more than seven (7) years. However, a levy may be
reimposed or extended under this chapter. As added by P.L.2-2006, SEC.169.
IC 20-46-1-12 Certification of public question
Sec. 12. If a school corporation adopts a resolution under section
8 of this chapter, the county fiscal body must under IC 3-10-9-3
certify the question to be voted on at the referendum to the county
election board of each county in which any part of the appellant
school corporation is located. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.497.
IC 20-46-1-13 County clerk duties; referendum
Sec. 13. Each county clerk shall, upon receiving the question
certified by the county fiscal body under this chapter, call a meeting
of the county election board to make arrangements for the
referendum. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.498.
IC 20-46-1-14 Date of referendum
Sec. 14. (a) The referendum shall be held in the next primary
election, general election, or municipal election in which all the
registered voters who are residents of the appellant school
corporation are entitled to vote after certification of the question
under IC 3-10-9-3. The certification of the question must occur not
later than noon:
(1) sixty (60) days before a primary election if the question is
to be placed on the primary or municipal primary election
ballot; or
(2) August 1 if the question is to be placed on the general or
municipal election ballot.
However, if a primary election, general election, or municipal
election will not be held during the first year in which the public
question is eligible to be placed on the ballot under this chapter and
if the appellant school corporation requests the public question to be
placed on the ballot at a special election, the public question shall be
placed on the ballot at a special election to be held on the first
Tuesday after the first Monday in May or November of the year. The
certification must occur not later than noon sixty (60) days before a
special election to be held in May (if the special election is to be held
in May) or noon on August 1 (if the special election is to be held in
November).
(b) If the referendum is not conducted at a primary election,
general election, or municipal election, the appellant school
corporation in which the referendum is to be held shall pay all the
costs of holding the referendum. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.499; P.L.113-2010, SEC.98.
IC 20-46-1-15 Duties; county election board
Sec. 15. Each county election board shall cause:
(1) the question certified to the circuit court clerk by the county
fiscal body to be placed on the ballot in the form prescribed by
IC 3-10-9-4; and
(2) an adequate supply of ballots and voting equipment to be
delivered to the precinct election board of each precinct in
which the referendum is to be held. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.500.
IC 20-46-1-16 Qualified voters
Sec. 16. The individuals entitled to vote in the referendum are all
of the registered voters resident in the appellant school corporation. As added by P.L.2-2006, SEC.169.
IC 20-46-1-17 Conduct of election
Sec. 17. Each precinct election board shall count the affirmative
votes and the negative votes cast in the referendum and shall certify
those two (2) totals to the county election board of each county in
which the referendum is held. The circuit court clerk of each county
shall, immediately after the votes cast in the referendum have been
counted, certify the results of the referendum to the county fiscal
body. Upon receiving the certification of all the votes cast in the
referendum, the county fiscal body shall promptly certify the result
of the referendum to the department of local government finance. If
a majority of the individuals who voted in the referendum voted
"yes" on the referendum question:
(1) the county fiscal body shall promptly notify the school
corporation that the school corporation is authorized to collect,
for the calendar year that next follows the calendar year in
which the referendum is held, a levy not greater than the
amount approved in the referendum;
(2) the levy may be imposed for the number of calendar years
approved by the voters following the referendum for the school
corporation in which the referendum is held; and
(3) the school corporation shall establish a fund under
IC 20-40-3-1. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.501.
IC 20-46-1-18 Levy; additional to other levies
Sec. 18. A school corporation's levy may not be considered in the
determination of the school corporation's state tuition support
distribution under IC 20-43 or the determination of any other
property tax levy imposed by the school corporation. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.502; P.L.1-2009, SEC.126.
IC 20-46-1-19 Rejection of voters; waiting period
Sec. 19. If a majority of the persons who voted in the referendum
did not vote "yes" on the referendum question:
(1) the school corporation may not make any levy for its
referendum tax levy fund; and
(2) another referendum under this section may not be held for
one (1) year after the date of the referendum. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.503.
IC 20-46 ARTICLE 46. LEVIES OTHER THAN GENERAL
FUND LEVIES
IC 20-46-1
Chapter 1. Referendum Tax Levy
IC 20-46-1-1 "Base tax levy"
Sec. 1. As used in this chapter, "base tax levy" means the total
dollar amount of the property tax levied by a school corporation for
the school corporation's general fund for taxes collectible in 1973,
assuming one hundred percent (100%) tax collection, as adjusted
under IC 6-1.1-19-4.4(a)(4) (before its repeal), IC 6-1.1-19-4.5(c)
(before its repeal), IC 6-1.1-19-6(b) (before its repeal), and
IC 6-1.1-19-6(c) (before its repeal). As added by P.L.2-2006, SEC.169.
IC 20-46-1-2
Repealed
(Repealed by P.L.146-2008, SEC.810.)
IC 20-46-1-3 "Fund"
Sec. 3. As used in this chapter, "fund" refers to the referendum tax
levy fund. As added by P.L.2-2006, SEC.169.
IC 20-46-1-4 "Levy"
Sec. 4. As used in this chapter, "levy" refers to the property tax
levy imposed under this chapter. As added by P.L.2-2006, SEC.169.
IC 20-46-1-5 "Referendum"
Sec. 5. As used in this chapter, "referendum" refers to a
referendum under this chapter. As added by P.L.2-2006, SEC.169.
IC 20-46-1-6 Power; levy
Sec. 6. A school corporation may impose a referendum tax levy
for the school corporation's fund in the amount allowed under:
(1) section 7 of this chapter;
(2) sections 8 through 19 of this chapter; or
(3) both subdivisions (1) and (2). As added by P.L.2-2006, SEC.169.
IC 20-46-1-7 Transfer of certain levies from general fund
Sec. 7. (a) This section applies to a school corporation that added
an amount to the school corporation's base tax levy before 2002 as
the result of the approval of an excessive tax levy by the majority of
individuals voting in a referendum held in the area served by the
school corporation under IC 6-1.1-19-4.5 (before its repeal).
(b) A school corporation may adopt a resolution before September
21, 2005, to transfer the power of the school corporation to levy the
amount described in subsection (a) from the school corporation's
general fund to the school corporation's fund. A school corporation
that adopts a resolution under this section shall, as soon as
practicable after adopting the resolution, send a certified copy of the
resolution to the department of local government finance and the
county auditor. A school corporation that adopts a resolution under
this section may, for property taxes first due and payable after 2005,
levy an additional amount for the fund that does not exceed the
amount of the excessive tax levy added to the school corporation's
base tax levy before 2002.
(c) The power of the school corporation to impose the levy
transferred to the fund under this section expires December 31, 2012,
unless:
(1) the school corporation adopts a resolution to reimpose or
extend the levy; and
(2) the levy is approved, before January 1, 2013, by a majority
of the individuals who vote in a referendum that is conducted in
accordance with the requirements in this chapter.
As soon as practicable after adopting the resolution under
subdivision (1), the school corporation shall send a certified copy of
the resolution to the department of local government finance and the
county auditor. However, if requested by the school corporation in
the resolution adopted under subdivision (1), the question of
reimposing or extending a levy transferred to the fund under this
section may be combined with a question presented to the voters to
reimpose or extend a levy initially imposed after 2001. A levy
reimposed or extended under this subsection shall be treated for all
purposes as a levy reimposed or extended under this chapter.
(d) The school corporation's levy under this section may not be
considered in the determination of the school corporation's state
tuition support distribution under IC 20-43 or the determination of
any other property tax levy imposed by the school corporation. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.494; P.L.182-2009(ss), SEC.345; P.L.41-2010, SEC.5.
IC 20-46-1-8 Resolution for referendum levy; purposes of referendum levy
Sec. 8. (a) Subject to this chapter, the governing body of a school
corporation may adopt a resolution to place a referendum under this
chapter on the ballot for either of the following purposes:
(1) The governing body of the school corporation determines
that it cannot, in a calendar year, carry out its public educational
duty unless it imposes a referendum tax levy under this chapter.
(2) The governing body of the school corporation determines
that a referendum tax levy under this chapter should be imposed
to replace property tax revenue that the school corporation will
not receive because of the application of the credit under
IC 6-1.1-20.6.
(b) The governing body of the school corporation shall certify a
copy of the resolution to the department of local government finance
and the county fiscal body of each county in which the school
corporation is located. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.495; P.L.41-2010, SEC.6.
IC 20-46-1-9 Referendum
Sec. 9. A referendum tax levy under this chapter may be put into
effect only if a majority of the individuals who vote in a referendum
that is conducted in accordance with this section and sections 10
through 19 of this chapter approves the appellant school
corporation's making a levy for the ensuing calendar year. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.496.
IC 20-46-1-10 Form; referendum question
Sec. 10. The question to be submitted to the voters in the
referendum must read as follows:
"For the __ (insert number) calendar year or years immediately
following the holding of the referendum, shall the school
corporation impose a property tax rate that does not exceed
_____________ (insert amount) cents ($0.__) (insert amount)
on each one hundred dollars ($100) of assessed valuation and
that is in addition to all other property tax levies imposed by the
school corporation?". As added by P.L.2-2006, SEC.169. Amended by P.L.113-2010,
SEC.97.
IC 20-46-1-11 Maximum term of levy
Sec. 11. The voters in a referendum may not approve a levy that
is imposed for more than seven (7) years. However, a levy may be
reimposed or extended under this chapter. As added by P.L.2-2006, SEC.169.
IC 20-46-1-12 Certification of public question
Sec. 12. If a school corporation adopts a resolution under section
8 of this chapter, the county fiscal body must under IC 3-10-9-3
certify the question to be voted on at the referendum to the county
election board of each county in which any part of the appellant
school corporation is located. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.497.
IC 20-46-1-13 County clerk duties; referendum
Sec. 13. Each county clerk shall, upon receiving the question
certified by the county fiscal body under this chapter, call a meeting
of the county election board to make arrangements for the
referendum. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.498.
IC 20-46-1-14 Date of referendum
Sec. 14. (a) The referendum shall be held in the next primary
election, general election, or municipal election in which all the
registered voters who are residents of the appellant school
corporation are entitled to vote after certification of the question
under IC 3-10-9-3. The certification of the question must occur not
later than noon:
(1) sixty (60) days before a primary election if the question is
to be placed on the primary or municipal primary election
ballot; or
(2) August 1 if the question is to be placed on the general or
municipal election ballot.
However, if a primary election, general election, or municipal
election will not be held during the first year in which the public
question is eligible to be placed on the ballot under this chapter and
if the appellant school corporation requests the public question to be
placed on the ballot at a special election, the public question shall be
placed on the ballot at a special election to be held on the first
Tuesday after the first Monday in May or November of the year. The
certification must occur not later than noon sixty (60) days before a
special election to be held in May (if the special election is to be held
in May) or noon on August 1 (if the special election is to be held in
November).
(b) If the referendum is not conducted at a primary election,
general election, or municipal election, the appellant school
corporation in which the referendum is to be held shall pay all the
costs of holding the referendum. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.499; P.L.113-2010, SEC.98.
IC 20-46-1-15 Duties; county election board
Sec. 15. Each county election board shall cause:
(1) the question certified to the circuit court clerk by the county
fiscal body to be placed on the ballot in the form prescribed by
IC 3-10-9-4; and
(2) an adequate supply of ballots and voting equipment to be
delivered to the precinct election board of each precinct in
which the referendum is to be held. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.500.
IC 20-46-1-16 Qualified voters
Sec. 16. The individuals entitled to vote in the referendum are all
of the registered voters resident in the appellant school corporation. As added by P.L.2-2006, SEC.169.
IC 20-46-1-17 Conduct of election
Sec. 17. Each precinct election board shall count the affirmative
votes and the negative votes cast in the referendum and shall certify
those two (2) totals to the county election board of each county in
which the referendum is held. The circuit court clerk of each county
shall, immediately after the votes cast in the referendum have been
counted, certify the results of the referendum to the county fiscal
body. Upon receiving the certification of all the votes cast in the
referendum, the county fiscal body shall promptly certify the result
of the referendum to the department of local government finance. If
a majority of the individuals who voted in the referendum voted
"yes" on the referendum question:
(1) the county fiscal body shall promptly notify the school
corporation that the school corporation is authorized to collect,
for the calendar year that next follows the calendar year in
which the referendum is held, a levy not greater than the
amount approved in the referendum;
(2) the levy may be imposed for the number of calendar years
approved by the voters following the referendum for the school
corporation in which the referendum is held; and
(3) the school corporation shall establish a fund under
IC 20-40-3-1. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.501.
IC 20-46-1-18 Levy; additional to other levies
Sec. 18. A school corporation's levy may not be considered in the
determination of the school corporation's state tuition support
distribution under IC 20-43 or the determination of any other
property tax levy imposed by the school corporation. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.502; P.L.1-2009, SEC.126.
IC 20-46-1-19 Rejection of voters; waiting period
Sec. 19. If a majority of the persons who voted in the referendum
did not vote "yes" on the referendum question:
(1) the school corporation may not make any levy for its
referendum tax levy fund; and
(2) another referendum under this section may not be held for
one (1) year after the date of the referendum. As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008,
SEC.503.
