Sec. 19. (a) 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 operating referendum tax levy fund; and

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Terms Used In Indiana Code 20-46-1-19

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • fund: refers to the operating referendum tax levy fund. See Indiana Code 20-46-1-3
  • levy: refers to the property tax levy imposed under this chapter. See Indiana Code 20-46-1-4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • referendum: refers to a referendum under this chapter. See Indiana Code 20-46-1-5
(2) another referendum under this section may not be held earlier than:

(A) except as provided in clause (B), seven hundred (700) days after the date of the referendum; or

(B) three hundred fifty (350) days after the date of the referendum, if a petition that meets the requirements of subsection (b) is submitted to the county auditor.

     (b) If a majority of the persons who voted in the referendum did not vote “yes” on the referendum question, a petition may be submitted to the county auditor to request that the limit under subsection (a)(2)(B) apply to the holding of a subsequent referendum by the school corporation. 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 school corporation or registered voters residing within the school corporation; or

(2) five percent (5%) of the registered voters residing within the political subdivision;

the limit under subsection (a)(2)(B) applies to the holding of a second referendum by the school corporation, and the limit under subsection (a)(2)(A) does not apply to the holding of a second referendum by the school corporation.

[Pre-2006 Recodification Citation: 6-1.1-19-4.5(c) part.]

As added by P.L.2-2006, SEC.169. Amended by P.L.146-2008, SEC.503; P.L.155-2014, SEC.5; P.L.246-2017, SEC.9; P.L.244-2017, SEC.99; P.L.140-2018, SEC.19.

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