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Tuesday, January 23, 2007

Ind. Law - Still more on: Remonstrances decision leads to legislation

As the ILB reported on Jan. 10th, "The General Assembly is now weighing in on the Court of Appeals ruling in Bruce Jones v. Martha Womacks that "The petitioning process used to determine local support for schools to borrow money through bonds is unconstitutional because it only includes property owners." (An earlier quote from an AP story). (Here is a list of earlier ILB entries on remonstrances.)

Today an AP story reports, in a story headlined "Bill to expand bond petitions clears Senate":

INDIANAPOLIS - All registered voters in affected taxing jurisdictions could take part in a petition process to decide whether school districts or local governments can borrow money for bonded projects under legislation that cleared the Senate Tuesday.

The Senate approved the bill 47-1 in hopes of ultimately complying with an Indiana Court of Appeals ruling that said limiting the petition and remonstrance process for school bond projects was unconstitutional because only property owners could participate.

The state's petition and remonstrance process allows those for and against a bond worth $2 million or more to finance school or other local government projects to collect signatures from property owners, with the side collecting the most prevailing. But the appeals court said the process was a de facto election and therefore cannot be limited only to property owners.

Senate Tax Chairman Luke Kenley, R-Noblesville, says the legislation would put the state in line with the appeals court ruling.

Sen. Frank Mrvan, D-Hammond, said the bill allows for more public input and opens the process to more people.

"The more that voices are heard in government, the better," he said.

The appeals court ruling dealt with a parent of two children who attend Indianapolis Public Schools. The parent did not own property and wanted to participate in the remonstrance process, but was not allowed since he rented an apartment.

Well, yes, it would be good to identify the bill in the story. It is SB 132.

Posted by Marcia Oddi on January 23, 2007 08:31 PM
Posted to Indiana Government