Restrictions on promotion of position on petition or remonstrance
Sec. 10. (a) If a petition and remonstrance process is commenced
under section 3.2 of this chapter, during the sixty (60) day period
commencing with the notice under section 3.2(1) of this chapter, the
political subdivision seeking to issue bonds or enter into a lease for
the proposed controlled project may not promote a position on the
petition or remonstrance by doing any of the following:
(1) Allowing facilities or equipment, including mail and
messaging systems, owned by the political subdivision to be
used for public relations purposes to promote a position on the
petition or remonstrance, 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 petition or
remonstrance (except as necessary to explain the project to the
public) or to pay for the gathering of signatures on a petition or
remonstrance. This subdivision does not prohibit a political
subdivision from making an expenditure of money to an
attorney, an architect, 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 petition or
remonstrance during the employee's normal working hours or
paid overtime.
(4) In the case of a school corporation, promoting a position on
a petition or remonstrance by:
(A) using students to transport written materials to their
residences; or
(B) including a statement within another communication
sent to the students' residences.
However, this section does not prohibit an employee of the political
subdivision from carrying out duties with respect to a petition or
remonstrance that are part of the normal and regular conduct of the
employee's office or agency.
(b) A person may not solicit or collect signatures for a petition or
remonstrance on property owned or controlled by the political
subdivision.
As added by P.L.1-2004, SEC.32 and P.L.23-2004, SEC.35.
Last modified: May 28, 2006