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Wednesday, April 25, 2007

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

What is happening with the bill to revise the remonstrance process? Recall that: "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.'" (See Jan. 23, 2007 ILB entry)

According to an editorial today in the Fort Wayne Journal Gazette:

The Indiana General Assembly is expected to improve the remonstrance process with legislation that would rightly allow registered voters – not just property owners – to sign petitions in support of or opposition to property tax-backed projects.

The change comes at the direction of the Indiana Court of Appeals. It ruled last year that the 10-year-old remonstrance procedure was unconstitutional because it amounts to a de facto election and, as such, could not be limited to property owners. The American Civil Liberties Union of Indiana challenged the law on behalf of a parent who lived in an apartment but wanted to participate in the petition drive over Indianapolis Public Schools’ building project.

The court delayed the effective date of the ruling to give legislators the chance to fix the law. Senate Bill 132 was approved in the Senate and the House Ways and Means Committee but didn’t make it to a House floor vote. The bill’s language is expected to be revived in either S.B. 287 or S.B. 500 – both of which deal with property tax measures.

Emphasis added by ILB.

Posted by Marcia Oddi on April 25, 2007 11:00 AM
Posted to Indiana Government