Indiana 2022 Regular Session

Indiana Senate Bill SB0073 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0073.1~~
2		-	~~January 19, 2022~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 73
4	4		_____
5		-	DIGEST OF SB 73 (Updated January 13, 2022 11:10 am - DI 140)
6		-	Citations Affected: IC 13-18; IC 36-4; IC 36-9.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 13-18-15-2; IC 36-4; IC 36-9-22-2;
	7	+	IC 36-9-25-14.
7	8		Synopsis: Annexation. Provides, with certain exceptions, that the
8	9		following apply to annexations for which an annexation ordinance is
9	10		adopted after March 31, 2022: (1) To proceed with an annexation
10	11		initiated by the municipality, the municipality must file a petition with
11	12		the court signed by: (A) at least 51% of the owners of non-tax exempt
12	13		land; or (B) the owners of at least 75% in assessed valuation of non-tax
13	14		exempt land; in the annexation territory. (2) If the petition has enough
14	15		signatures, the court must hold a hearing to review the annexation. (3)
15	16		Adds provisions regarding the validity of signatures. (4) Eliminates
16	17		remonstrances and reimbursement of remonstrator's attorney's fees and
17	18		costs. (5) Voids remonstrance waivers. (6) Eliminates provisions
18	19		regarding contiguity of a public highway and that prohibit an
19	20		annexation from taking effect in the year before a federal decennial
20	21		census is conducted. Voids a settlement agreement in lieu of
21	22		annexation executed after March 31, 2022. (7) Eliminates the
22	23		requirement that a municipality adopt a fiscal plan if the annexation is
23	24		petitioned for by 100% of the owners of land within the annexation
24	25		territory.
25	26		Effective: Upon passage.
26		-	Boots~~, Niemeyer~~
	27	+	Boots
27	28		January 4, 2022, read first time and referred to Committee on Local Government.
28		-	January 18, 2022, reported favorably — Do Pass.
29		-	SB 73—LS 6364/DI 87 January 19, 2022
	29	+	2022 IN 73—LS 6364/DI 87 Introduced
30	30		Second Regular Session of the 122nd General Assembly (2022)
31	31		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32		Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33		additions will appear in this style type, and deletions will appear in this style type.
34	34		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35		provision adopted), the text of the new provision will appear in this style type. Also, the
36	36		word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37		a new provision to the Indiana Code or the Indiana Constitution.
38	38		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39		between statutes enacted by the 2021 Regular Session of the General Assembly.
40	40		SENATE BILL No. 73
41	41		A BILL FOR AN ACT to amend the Indiana Code concerning local
42	42		government.
43	43		Be it enacted by the General Assembly of the State of Indiana:
44	44		1 SECTION 1. IC 13-18-15-2, AS AMENDED BY P.L.257-2019,
45	45		2 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46		3 UPON PASSAGE]: Sec. 2. (a) The persons involved shall negotiate the
47	47		4 terms for connection and service under this chapter.
48	48		5 (b) If service is ordered under this chapter, a receiver of that service
49	49		6 that is located in an unincorporated area may grant a waiver to a
50	50		7 municipality providing the service. A waiver under this section:
51	51		8 (1) must waive the receiver's right of remonstrance against
52	52		9 annexation of the areas in which the service is to be provided; and
53	53		10 (2) may be one (1) of the terms for connection and service
54	54		11 described in subsection (a).
55	55		12 (c) The waiver, if granted:
56	56		13 (1) shall be noted on the deed of each property affected and
57	57		14 recorded as provided by law; and
58	58		15 (2) is considered a covenant running with the land.
59	59		16 (d) This subsection applies to any deed recorded after June 30,
60	60		17 2015. This subsection applies only to property that is subject to a
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	61	+	2022 IN 73—LS 6364/DI 87 2
62	62		1 remonstrance waiver. A municipality shall, within a reasonable time
63	63		2 after the recording of a deed to property located within the
64	64		3 municipality, provide written notice to the property owner that a waiver
65	65		4 of the right of remonstrance exists with respect to the property.
66	66		5 (e) A remonstrance waiver executed before July 1, 2003, is void.
67	67		6 This subsection does not invalidate an annexation that was effective on
68	68		7 or before July 1, 2019.
69	69		8 (f) A remonstrance waiver executed after June 30, 2003, and before
70	70		9 July 1, 2019, is subject to the following:
71	71		10 (1) The waiver is void unless the waiver was recorded (A) before
72	72		11 January 1, 2020, and (B) with the county recorder of the county
73	73		12 where the property subject to the waiver is located.
74	74		13 (2) A waiver that is not void under subdivision (1) or subsection
75	75		14 (h) expires not later than fifteen (15) years after the date the
76	76		15 waiver is executed.
77	77		16 This subsection does not invalidate an annexation that was effective on
78	78		17 or before July 1, 2019.
79	79		18 (g) A remonstrance waiver executed after June 30, 2019, is subject
80	80		19 to the following: (1) The waiver is void unless the waiver is must be
81	81		20 recorded (A) not later than thirty (30) business days after the date the
82	82		21 waiver was executed and (B) with the county recorder of the county
83	83		22 where the property subject to the waiver is located. (2) A waiver that
84	84		23 is not void under subdivision (1) expires not later than fifteen (15)
85	85		24 years after the date the waiver is executed. This subsection does not
86	86		25 invalidate an annexation that was effective on or before July 1, 2019.
87	87		26 (h) Notwithstanding any other law, a waiver of the right of
88	88		27 remonstrance is valid and binding on a landowner or a successor
89	89		28 in title only with regard to an annexation for which the annexation
90	90		29 ordinance was adopted before April 1, 2022.
91	91		30 SECTION 2. IC 36-4-3-1.5, AS AMENDED BY P.L.206-2016,
92	92		31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
93	93		32 UPON PASSAGE]: Sec. 1.5. (a) For purposes of this chapter, territory
94	94		33 sought to be annexed may be considered "contiguous" only if at least
95	95		34 one-eighth (1/8) of the aggregate external boundaries of the territory
96	96		35 coincides with the boundaries of the annexing municipality. In
97	97		36 determining if a territory is contiguous, a strip of land less than one
98	98		37 hundred fifty (150) feet wide that connects the annexing municipality
99	99		38 to the territory is not considered a part of the boundaries of either the
100	100		39 municipality or the territory.
101	101		40 (b) This subsection applies to an annexation for which an
102	102		41 annexation ordinance is adopted after June 30, 2015, and before April
103	103		42 1, 2022. A public highway or the rights-of-way of a public highway are
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	104	+	2022 IN 73—LS 6364/DI 87 3
105	105		1 contiguous to:
106	106		2 (1) the municipality; or
107	107		3 (2) property in the unincorporated area adjacent to the public
108	108		4 highway or rights-of-way of a public highway;
109	109		5 if the public highway or the rights-of-way of a public highway are
110	110		6 contiguous under subsection (a) and one (1) of the requirements in
111	111		7 subsection (c) is satisfied.
112	112		8 (c) This subsection applies to an annexation for which an
113	113		9 annexation ordinance is adopted after June 30, 2015, and before
114	114		10 April 1, 2022. A public highway or the rights-of-way of a public
115	115		11 highway are not contiguous unless one (1) of the following
116	116		12 requirements is met:
117	117		13 (1) The municipality obtains the written consent of the owners of
118	118		14 all property:
119	119		15 (A) adjacent to the entire length of the part of the public
120	120		16 highway and rights-of-way of the public highway that is being
121	121		17 annexed; and
122	122		18 (B) not already within the corporate boundaries of the
123	123		19 municipality.
124	124		20 A waiver of the right of remonstrance executed by a property
125	125		21 owner or a successor in title of the property owner for sewer
126	126		22 services or water services does not constitute written consent for
127	127		23 purposes of this subdivision.
128	128		24 (2) All property adjacent to at least one (1) side of the entire
129	129		25 length of the part of the public highway or rights-of-way of the
130	130		26 public highway being annexed is already within the corporate
131	131		27 boundaries of the municipality.
132	132		28 (3) All property adjacent to at least one (1) side of the entire
133	133		29 length of the part of the public highway or rights-of-way of the
134	134		30 public highway being annexed is part of the same annexation
135	135		31 ordinance in which the public highway or rights-of-way of a
136	136		32 public highway are being annexed.
137	137		33 A municipality may not annex a public highway or the rights-of-way of
138	138		34 a public highway or annex territory adjacent to the public highway or
139	139		35 rights-of-way of a public highway unless the requirements of this
140	140		36 section are met.
141	141		37 SECTION 3. IC 36-4-3-1.7, AS AMENDED BY P.L.206-2016,
142	142		38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
143	143		39 UPON PASSAGE]: Sec. 1.7. (a) This section applies only to an
144	144		40 annexation ordinance adopted after June 30, 2015. This section does
145	145		41 not apply to an annexation under section 5.1 of this chapter.
146	146		42 (b) Not earlier than six (6) months before a municipality introduces
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	147	+	2022 IN 73—LS 6364/DI 87 4
148	148		1 an annexation ordinance, the municipality shall conduct an outreach
149	149		2 program to inform citizens regarding the proposed annexation. For an
150	150		3 annexation under section 3 or 4 of this chapter, the outreach program
151	151		4 must conduct at least six (6) public information meetings regarding the
152	152		5 proposed annexation. For an annexation under section 5 of this chapter,
153	153		6 the outreach program must conduct at least three (3) public information
154	154		7 meetings regarding the proposed annexation. The public information
155	155		8 meetings must provide citizens with the following information:
156	156		9 (1) Maps showing the proposed boundaries of the annexation
157	157		10 territory.
158	158		11 (2) Proposed plans for extension of capital and noncapital
159	159		12 services in the annexation territory, including proposed dates of
160	160		13 extension.
161	161		14 (3) Expected fiscal impact on taxpayers in the annexation
162	162		15 territory, including any increase in taxes and fees.
163	163		16 (c) The municipality shall provide notice of the dates, times, and
164	164		17 locations of the outreach program meetings. The municipality shall
165	165		18 publish the notice of the meetings under IC 5-3-1, including the date,
166	166		19 time, and location of the meetings, except that notice must be published
167	167		20 not later than thirty (30) days before the date of each meeting. The
168	168		21 municipality shall also send notice to each owner of land within the
169	169		22 annexation territory not later than thirty (30) days before the date of the
170	170		23 first meeting of the outreach program. The notice to landowners shall
171	171		24 be sent by first class mail, certified mail with return receipt requested,
172	172		25 or any other means of delivery that includes a return receipt and must
173	173		26 include the following information:
174	174		27 (1) The notice to the landowner must inform the landowner that
175	175		28 the municipality is proposing to annex territory that includes the
176	176		29 landowner's property.
177	177		30 (2) The municipality is conducting an outreach program for the
178	178		31 purpose of providing information to landowners and the public
179	179		32 regarding the proposed annexation.
180	180		33 (3) The date, time, and location of the meetings to be conducted
181	181		34 under the outreach program.
182	182		35 (d) The notice shall be sent to the address of the landowner as listed
183	183		36 on the tax duplicate. If the municipality provides evidence that the
184	184		37 notice was sent:
185	185		38 (1) by certified mail, with return receipt requested or any other
186	186		39 means of delivery that includes a return receipt; and
187	187		40 (2) in accordance with this section;
188	188		41 it is not necessary that the landowner accept receipt of the notice.
189	189		42 (e) This subsection applies only to an annexation for which an
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	190	+	2022 IN 73—LS 6364/DI 87 5
191	191		1 annexation ordinance is adopted after June 30, 2015, and before
192	192		2 April 1, 2022. If a remonstrance is filed under section 11 of this
193	193		3 chapter, the municipality shall file with the court proof that notices
194	194		4 were sent to landowners under this section and proof of publication.
195	195		5 (e) (f) The notice required under this section is in addition to any
196	196		6 notice required under sections 2.1 and 2.2 of this chapter.
197	197		7 SECTION 4. IC 36-4-3-3.1 IS AMENDED TO READ AS
198	198		8 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.1. (a) This
199	199		9 section does not apply to an annexation under:
200	200		10 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
201	201		11 (2) section 5.1 of this chapter, for which an annexation
202	202		12 ordinance is adopted after March 31, 2022.
203	203		13 (b) A municipality shall develop and adopt a written fiscal plan and
204	204		14 establish a definite policy by resolution of the legislative body that
205	205		15 meets the requirements set forth in section 13 of this chapter.
206	206		16 (c) Except as provided in subsection (d), the municipality shall
207	207		17 establish and adopt the written fiscal plan before mailing the
208	208		18 notification to landowners in the territory proposed to be annexed
209	209		19 under section 2.2 of this chapter.
210	210		20 (d) In an annexation under section 5 or 5.1 5.5 of this chapter, the
211	211		21 municipality shall establish and adopt the written fiscal plan before
212	212		22 adopting the annexation ordinance.
213	213		23 SECTION 5. IC 36-4-3-5, AS AMENDED BY P.L.149-2016,
214	214		24 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
215	215		25 UPON PASSAGE]: Sec. 5. (a) This subsection applies only to a
216	216		26 petition requesting annexation that is filed before July 1, 2015. If the
217	217		27 owners of land located outside of but contiguous to a municipality want
218	218		28 to have territory containing that land annexed to the municipality, they
219	219		29 may file with the legislative body of the municipality a petition:
220	220		30 (1) signed by at least:
221	221		31 (A) fifty-one percent (51%) of the owners of land in the
222	222		32 territory sought to be annexed; or
223	223		33 (B) the owners of seventy-five percent (75%) of the total
224	224		34 assessed value of the land for property tax purposes; and
225	225		35 (2) requesting an ordinance annexing the area described in the
226	226		36 petition.
227	227		37 (b) This subsection applies only to a petition requesting annexation
228	228		that is filed after June 30, 2015. 38 A municipality may not collect
229	229		39 signatures on an annexation petition that is filed with the legislative
230	230		40 body under this section after March 31, 2022. If the owners of land
231	231		41 located outside of but contiguous to a municipality want to have
232	232		42 territory containing that land annexed to the municipality, they may file
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	233	+	2022 IN 73—LS 6364/DI 87 6
234	234		1 with the legislative body of the municipality a petition that meets the
235	235		2 following requirements:
236	236		3 (1) The petition is signed by at least one (1) of the following:
237	237		4 (A) Fifty-one percent (51%) of the owners of land in the
238	238		5 territory sought to be annexed. An owner of land may not:
239	239		6 (i) be counted in calculating the total number of owners of
240	240		7 land in the annexation territory; or
241	241		8 (ii) have the owner's signature counted;
242	242		9 with regard to any single property that the owner has an
243	243		10 interest in that was exempt from property taxes under
244	244		11 IC 6-1.1-10 or any other state law for the immediately
245	245		12 preceding year.
246	246		13 (B) The owners of seventy-five percent (75%) of the total
247	247		14 assessed value of the land for property tax purposes. Land that
248	248		15 was exempt from property taxes under IC 6-1.1-10 or any
249	249		16 other state law for the immediately preceding year may not be
250	250		17 included in calculating the total assessed valuation of the land
251	251		18 in the annexation territory. The court may not count an owner's
252	252		19 signature on a petition with regard to any single property that
253	253		20 the owner has an interest in that was exempt from property
254	254		21 taxes under IC 6-1.1-10 or any other state law for the
255	255		22 immediately preceding year.
256	256		23 (2) The petition requests an ordinance annexing the area
257	257		24 described in the petition.
258	258		25 (c) The petition circulated by the landowners must include on each
259	259		26 page where signatures are affixed a heading that is substantially similar
260	260		27 to the following:
261	261		28 "PETITION FOR ANNEXATION INTO THE (insert whether city
262	262		29 or town) OF (insert name of city or town).".
263	263		30 (d) If the legislative body fails to pass the ordinance within one
264	264		31 hundred fifty (150) days after the date of filing of a petition under
265	265		32 subsection (a) or (b), the petitioners may file a duplicate copy of the
266	266		33 petition in the circuit or superior court of a county in which the territory
267	267		34 is located, and shall include a written statement of why the annexation
268	268		35 should take place. Notice of the proceedings, in the form of a
269	269		36 summons, shall be served on the municipality named in the petition.
270	270		37 The municipality is the defendant in the cause and shall appear and
271	271		38 answer.
272	272		39 (e) The court shall hear and determine the petition without a jury,
273	273		40 and shall order the proposed annexation to take place only if the
274	274		41 evidence introduced by the parties establishes that:
275	275		42 (1) essential municipal services and facilities are not available to
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	276	+	2022 IN 73—LS 6364/DI 87 7
277	277		1 the residents of the territory sought to be annexed;
278	278		2 (2) the municipality is physically and financially able to provide
279	279		3 municipal services to the territory sought to be annexed;
280	280		4 (3) the population density of the territory sought to be annexed is
281	281		5 at least three (3) persons per acre; and
282	282		6 (4) the territory sought to be annexed is contiguous to the
283	283		7 municipality.
284	284		8 If the evidence does not establish all four (4) of the preceding factors,
285	285		9 the court shall deny the petition and dismiss the proceeding.
286	286		10 (f) This subsection does not apply to a town that has abolished town
287	287		11 legislative body districts under IC 36-5-2-4.1. An ordinance adopted
288	288		12 under this section must assign the territory annexed by the ordinance
289	289		13 to at least one (1) municipal legislative body district.
290	290		14 SECTION 6. IC 36-4-3-5.1, AS AMENDED BY P.L.160-2020,
291	291		15 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
292	292		16 UPON PASSAGE]: Sec. 5.1. (a) Owners of land that is located outside
293	293		17 but contiguous to a municipality or that is located in territory described
294	294		18 in section 4(i) of this chapter may file a petition with the legislative
295	295		19 body of the municipality:
296	296		20 (1) requesting an ordinance annexing the area described in the
297	297		21 petition; and
298	298		22 (2) signed by:
299	299		23 (A) one hundred percent (100%) of the landowners that reside
300	300		24 within the territory that is proposed to be annexed, in the case
301	301		25 of a petition filed before July 1, 2015; and
302	302		26 (B) in the case of a petition filed after June 30, 2015, one
303	303		27 hundred percent (100%) of the owners of land within the
304	304		28 territory that is proposed to be annexed.
305	305		29 (b) Sections 2.1 and 2.2 of this chapter do not apply to an
306	306		30 annexation under this section.
307	307		31 (c) The petition circulated by the landowners must include on each
308	308		32 page where signatures are affixed a heading that is substantially similar
309	309		33 to the following:
310	310		34 "PETITION FOR ANNEXATION INTO THE (insert whether city
311	311		35 or town) OF (insert name of city or town).".
312	312		36 (d) The municipality may (1) adopt an annexation ordinance
313	313		37 annexing the territory and (2) adopt a fiscal plan and establish a
314	314		38 definite policy by resolution of the legislative body; after the legislative
315	315		39 body has held a public hearing on the proposed annexation.
316	316		40 (e) The municipality may introduce and hold the public hearing on
317	317		41 the annexation ordinance not later than thirty (30) days after the
318	318		42 petition is filed with the legislative body. Notice of the public hearing
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320	320		1 may be published one (1) time in accordance with IC 5-3-1 at least
321	321		2 twenty (20) days before the hearing. All interested parties must have
322	322		3 the opportunity to testify at the hearing as to the proposed annexation.
323	323		4 (f) The municipality may adopt the annexation ordinance not earlier
324	324		5 than fourteen (14) days after the public hearing under subsection (e).
325	325		6 (g) A landowner may withdraw the landowner's signature from the
326	326		7 petition not more than thirteen (13) days after the municipality adopts
327	327		8 the fiscal plan date of the public hearing under subsection (e) by
328	328		9 providing written notice to the office of the clerk of the municipality.
329	329		10 If a landowner withdraws the landowner's signature, the petition shall
330	330		11 automatically be considered a voluntary petition that is filed with the
331	331		12 legislative body under section 5 of this chapter, fourteen (14) days after
332	332		13 the date the fiscal plan is adopted. of the public hearing under
333	333		14 subsection (e). All provisions applicable to a petition initiated under
334	334		15 section 5 of this chapter apply to the petition.
335	335		16 (h) If the municipality does not adopt an annexation ordinance
336	336		17 within sixty (60) days after the landowners file the petition with the
337	337		18 legislative body, the landowners may file a duplicate petition with the
338	338		19 circuit or superior court of a county in which the territory is located.
339	339		20 The court shall determine whether the annexation shall take place as
340	340		21 set forth in section 5 of this chapter.
341	341		22 (i) A remonstrance under section 11 of this chapter may not be filed.
342	342		23 However, an appeal under section 15.5 of this chapter may be filed.
343	343		24 (j) (i) In the absence of an appeal under section 15.5 of this chapter,
344	344		25 an annexation ordinance adopted under this section takes effect not less
345	345		26 than thirty (30) days after the adoption of the ordinance and upon the
346	346		27 filing and recording of the ordinance under section 22 of this chapter.
347	347		28 SECTION 7. IC 36-4-3-5.5 IS ADDED TO THE INDIANA CODE
348	348		29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
349	349		30 UPON PASSAGE]: Sec. 5.5. (a) This section does not apply to an
350	350		31 annexation under section 5 or 5.1 of this chapter.
351	351		32 (b) This section applies only to an annexation for which an
352	352		33 annexation ordinance is adopted after March 31, 2022.
353	353		34 (c) After adopting an annexation ordinance under section 3 or
354	354		35 4 of this chapter, in order for the annexation to proceed, the
355	355		36 municipality must file a written petition under subsection (f) signed
356	356		37 by owners of land in the territory proposed to be annexed who are
357	357		38 in favor of the annexation. The petition must be signed by:
358	358		39 (1) at least fifty-one percent (51%) of the owners of land:
359	359		40 (A) not exempt from property taxes under IC 6-1.1-10 or
360	360		any other state law; and41
361	361		42 (B) in the territory proposed to be annexed; or
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363	363		1 (2) the owners of more than seventy-five percent (75%) in
364	364		2 assessed valuation of land:
365	365		3 (A) not exempt from property taxes under IC 6-1.1-10 or
366	366		4 any other state law; and
367	367		5 (B) in the territory proposed to be annexed.
368	368		6 (d) The petition circulated by the municipality must include on
369	369		7 each page where signatures are affixed a heading that is
370	370		8 substantially similar to the following:
371	371		9 "PETITION FOR ANNEXATION INTO THE (insert
372	372		10 whether city or town) OF (insert name of city or town).".
373	373		11 (e) A landowner may withdraw the landowner's signature from
374	374		12 the petition not more than ten (10) days after the municipality
375	375		13 adopts the annexation ordinance by providing written notice to the
376	376		14 office of the clerk of the municipality. A landowner who withdraws
377	377		15 the landowner's signature from the petition is considered not to
378	378		16 have signed the petition for purposes of subsection (h)(2).
379	379		17 (f) The municipality must file the petition with the circuit or
380	380		18 superior court of the county where the municipality is located not
381	381		19 later than ninety (90) days after the publication of the annexation
382	382		20 ordinance under section 7 of this chapter. The petition must be
383	383		21 accompanied by:
384	384		22 (1) a copy of the ordinance; and
385	385		23 (2) the names and addresses of all persons who meet the
386	386		24 requirements of subsection (h).
387	387		25 (g) On receipt of the petition, the court shall determine whether
388	388		26 the petition has the necessary signatures. In determining the total
389	389		27 number of landowners of the territory proposed to be annexed and
390	390		28 whether signers of the petition are landowners, the names
391	391		29 appearing on the tax duplicate for that territory constitute prima
392	392		30 facie evidence of ownership. Only one (1) person having an interest
393	393		31 in each single property, as evidenced by the tax duplicate, is
394	394		32 considered a landowner for purposes of this section. A person is
395	395		33 entitled to sign a petition only one (1) time, regardless of whether
396	396		34 the person owns more than one (1) parcel of real property. If the
397	397		35 court determines that the municipality's petition has a sufficient
398	398		36 number of signatures, the court shall fix a time, not later than sixty
399	399		37 (60) days after its determination, for a hearing on the petition.
400	400		38 (h) A person may intervene as a party at the hearing described
401	401		39 in subsection (g) if the following requirements are satisfied:
402	402		40 (1) The person owns, solely or with another person, property
403	403		41 that is in the territory proposed to be annexed.
404	404		42 (2) None of the owners of the property signed the petition filed
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406	406		1 by the municipality.
407	407		2 (3) The person appeared in person or submitted a
408	408		3 remonstrance or other document objecting to the annexation
409	409		4 into the record of the municipality's hearing on the
410	410		5 annexation ordinance under section 2.1 of this chapter.
411	411		6 The court shall give a person described in this subsection notice of
412	412		7 the hearing on the petition by certified mail.
413	413		8 SECTION 8. IC 36-4-3-5.6 IS ADDED TO THE INDIANA CODE
414	414		9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
415	415		10 UPON PASSAGE]: Sec. 5.6. (a) This section applies only to an
416	416		11 annexation for which an annexation ordinance is adopted after
417	417		12 March 31, 2022.
418	418		13 (b) A waiver or release of the right of remonstrance by a
419	419		14 landowner or successor in title is void and may not be considered
420	420		15 or counted as a valid signature on a petition in favor of annexation
421	421		16 under section 5, 5.1, or 5.5 of this chapter.
422	422		17 (c) If, with regard to a signature on a petition for annexation
423	423		18 under section 5, 5.1, or 5.5 of this chapter:
424	424		19 (1) the validity of a signature is uncertain; and
425	425		20 (2) this section does not establish a standard to be applied in
426	426		21 the case;
427	427		22 a reasonable doubt must be resolved in favor of the validity of the
428	428		23 signature.
429	429		24 (d) Whenever the name of an individual, as printed or signed,
430	430		25 contains a minor variation from the name of the individual as set
431	431		26 forth in the relevant county records, the signature is considered
432	432		27 valid.
433	433		28 (e) Whenever the residence address or mailing address of an
434	434		29 individual contains a minor variation from the residence address
435	435		30 or mailing address as set forth in the relevant county records, the
436	436		signature is considered valid.31
437	437		32 (f) If the residence address or mailing address of an individual
438	438		33 contains a substantial variation from the residence address or
439	439		34 mailing address as set forth in the relevant county records, the
440	440		35 signature is considered invalid.
441	441		36 (g) If the signature of an individual does not substantially
442	442		37 conform with the signature of the individual in relevant county
443	443		38 records, the signature is considered invalid. In determining
444	444		39 whether a signature substantially conforms with the signature in
445	445		40 the relevant county records, consideration shall be given to
446	446		41 whether that lack of conformity may reasonably be attributed to
447	447		42 the age, disability, or impairment of the individual.
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449	449		1 SECTION 9. IC 36-4-3-7, AS AMENDED BY P.L.236-2019,
450	450		2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
451	451		3 UPON PASSAGE]: Sec. 7. (a) After an ordinance is adopted under
452	452		4 section 3, 4, 5, or 5.1 of this chapter, it must be published in the
453	453		5 manner prescribed by IC 5-3-1.
454	454		6 (b) This subsection applies only to an annexation for which an
455	455		7 annexation ordinance is adopted before April 1, 2022. Except as
456	456		8 provided in subsection (b), (c) (d), or (f), (e), in the absence of
457	457		9 remonstrance and appeal under section 11 or 15.5 of this chapter, the
458	458		10 ordinance takes effect at least ninety (90) days after its publication and
459	459		11 upon the filing required by section 22(a) of this chapter.
460	460		12 (c) An annexation ordinance takes effect as follows:
461	461		13 (1) This subdivision applies to an annexation under section 5
462	462		14 of this chapter. Except as provided in subsection (e), in the
463	463		15 absence of an appeal under section 15.5 of this chapter, the
464	464		16 annexation ordinance takes effect at least ninety (90) days
465	465		17 after its publication and upon the filing under section 22(a) of
466	466		18 this chapter.
467	467		19 (2) This subdivision applies to an annexation under section 5.1
468	468		20 of this chapter. Except as provided in subsection (e), in the
469	469		21 absence of an appeal under section 15.5 of this chapter, the
470	470		22 ordinance takes effect at least thirty (30) days after the
471	471		23 adoption of the ordinance and upon the filing under section
472	472		24 22(a) of this chapter.
473	473		25 (3) This subdivision applies to an annexation under section 5.5
474	474		26 of this chapter. Except as provided in subsection (e), if a final
475	475		27 and unappealable judgment under section 12 or 15.5 of this
476	476		28 chapter is entered in favor of the annexation, the annexation
477	477		29 is effective upon the filing under section 22(a) of this chapter.
478	478		30 (4) This subdivision applies to an annexation under section 7.1
479	479		31 of this chapter for which an annexation ordinance is adopted
480	480		32 after March 31, 2022. If a final and unappealable judgment
481	481		33 under section 12 or 15.5 of this chapter is entered in favor of
482	482		34 the annexation, the annexation is effective upon the filing
483	483		35 under section 22(a) of this chapter.
484	484		36 (b) An ordinance described in subsection (d) or adopted under
485	485		37 section 3, 4, 5, or 5.1 of this chapter may not take effect during the year
486	486		38 preceding a year in which a federal decennial census is conducted. An
487	487		39 ordinance that would otherwise take effect during the year preceding
488	488		40 a year in which a federal decennial census is conducted takes effect
489	489		41 January 1 of the year in which a federal decennial census is conducted.
490	490		42 (c) (d) Subsections (d) and (e) (e) and (f) apply to fire protection
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492	492		1 districts that are established after July 1, 1987, and to which subsection
493	493		(g) does not apply. 2 For the purposes of this section, territory that has
494	494		3 been:
495	495		4 (1) added to an existing fire protection district under
496	496		5 IC 36-8-11-11; or
497	497		6 (2) approved by ordinance of the county legislative body to be
498	498		7 added to an existing fire protection district under IC 36-8-11-11,
499	499		8 notwithstanding that the territory's addition to the fire protection
500	500		9 district has not yet taken effect;
501	501		10 shall be considered a part of the fire protection district as of the date
502	502		11 that the fire protection district was originally established.
503	503		12 (d) Except as provided in subsection (b), (e) Whenever a
504	504		13 municipality annexes territory, all or part of which lies within a fire
505	505		14 protection district (IC 36-8-11), the annexation ordinance in the
506	506		15 absence of remonstrance and appeal under section 11 or 15.5 of this
507	507		16 chapter (in the case of an annexation for which an annexation
508	508		17 ordinance is adopted before April 1, 2022) or in the absence of a
509	509		18 hearing or an appeal under section 12 or 15.5 of this chapter (in the
510	510		19 case of an annexation for which an annexation ordinance is
511	511		20 adopted after March 31, 2022) takes effect the second January 1 that
512	512		21 follows the date the ordinance is adopted and upon the filing required
513	513		22 by section 22(a) of this chapter. Except in the case of an annexation to
514	514		23 which subsection (g) applies, the municipality shall:
515	515		24 (1) provide fire protection to that territory beginning the date the
516	516		25 ordinance is effective; and
517	517		26 (2) send written notice to the fire protection district of the date the
518	518		27 municipality will begin to provide fire protection to the annexed
519	519		28 territory within ten (10) days of the date the ordinance is adopted.
520	520		29 (e) (f) If the fire protection district from which a municipality
521	521		30 annexes territory under subsection (d) (e) is indebted or has
522	522		31 outstanding unpaid bonds or other obligations at the time the
523	523		32 annexation is effective, the municipality is liable for and shall pay that
524	524		33 indebtedness in the same ratio as the assessed valuation of the property
525	525		34 in the annexed territory (that is part of the fire protection district) bears
526	526		35 to the assessed valuation of all property in the fire protection district,
527	527		36 as shown by the most recent assessment for taxation before the
528	528		37 annexation, unless the assessed property within the municipality is
529	529		38 already liable for the indebtedness. The annexing municipality shall
530	530		39 pay its indebtedness under this section to the board of fire trustees. If
531	531		40 the indebtedness consists of outstanding unpaid bonds or notes of the
532	532		41 fire protection district, the payments to the board of fire trustees shall
533	533		42 be made as the principal or interest on the bonds or notes becomes due.
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535	535		1 (f) This subsection applies to an annexation initiated by property
536	536		2 owners under section 5.1 of this chapter in which all property owners
537	537		3 within the area to be annexed petition the municipality to be annexed.
538	538		4 Subject to subsections (b) and (d), and in the absence of an appeal
539	539		5 under section 15.5 of this chapter, an annexation ordinance takes effect
540	540		6 at least thirty (30) days after its publication and upon the filing required
541	541		7 by section 22(a) of this chapter.
542	542		8 (g) Whenever a municipality annexes territory that lies within a fire
543	543		9 protection district that has a total net assessed value (as determined by
544	544		10 the county auditor) of more than one billion dollars ($1,000,000,000)
545	545		11 on the date the annexation ordinance is adopted:
546	546		12 (1) the annexed area shall remain a part of the fire protection
547	547		13 district after the annexation takes effect; and
548	548		14 (2) the fire protection district shall continue to provide fire
549	549		15 protection services to the annexed area.
550	550		16 The municipality shall not tax the annexed territory for fire protection
551	551		17 services. The annexing municipality shall establish a special fire fund
552	552		18 for all fire protection services that are provided by the municipality
553	553		19 within the area of the municipality that is not within the fire protection
554	554		20 district, and which shall not be assessed to the annexed special taxing
555	555		21 district. The annexed territory that lies within the fire protection district
556	556		22 shall continue to be part of the fire protection district special taxing
557	557		23 district.
558	558		24 SECTION 10. IC 36-4-3-7.1, AS AMENDED BY P.L.257-2019,
559	559		25 SECTION 111, IS AMENDED TO READ AS FOLLOWS
560	560		26 [EFFECTIVE UPON PASSAGE]: Sec. 7.1. (a) Notwithstanding
561	561		27 section 7(b) of this chapter, An ordinance adopted under section 4 or
562	562		28 5.1 of this chapter that meets the conditions set forth in subsection
563	563		29 (b) takes effect as follows:
564	564		30 (1) In the case of an annexation for which an annexation
565	565		31 ordinance was adopted before April 1, 2022, the ordinance
566	566		32 takes effect immediately:
567	567		33 (A) upon the expiration of the remonstrance and appeal period
568	568		34 under section 11, 11.1, or 15.5 of this chapter; and
569	569		35 (B) after the publication, filing, and recording required by
570	570		36 section 22(a) of this chapter. if all of the following conditions
571	571		37 are met:
572	572		38 (2) In the case of an annexation for which an annexation
573	573		39 ordinance was adopted after March 31, 2022, the ordinance
574	574		40 takes effect as set forth in section 7(c)(4) of this chapter.
575	575		41 (b) This section applies to an annexation that meets all of the
576	576		42 following conditions:
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578	578		1 (1) The annexed territory has no population.
579	579		2 (2) Ninety percent (90%) of the total assessed value of the land
580	580		3 for property tax purposes has one (1) owner.
581	581		4 (3) The annexation is required to fulfill an economic development
582	582		5 incentive package and to retain an industry through various local
583	583		6 incentives, including urban enterprise zone benefits.
584	584		7 SECTION 11. IC 36-4-3-11, AS AMENDED BY P.L.206-2016,
585	585		8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
586	586		9 UPON PASSAGE]: Sec. 11. (a) This subsection applies only to an
587	587		10 annexation for which an annexation ordinance was adopted before July
588	588		11 1, 2015. Except as provided in section 5.1(i) of this chapter (as in
589	589		12 effect on July 1, 2015) and subsections subsection (e), and (f),
590	590		13 whenever territory is annexed by a municipality under this chapter, the
591	591		14 annexation may be appealed by filing with the circuit or superior court
592	592		15 of a county in which the annexed territory is located a written
593	593		16 remonstrance signed by:
594	594		17 (1) at least sixty-five percent (65%) of the owners of land in the
595	595		18 annexed territory; or
596	596		19 (2) the owners of more than seventy-five percent (75%) in
597	597		20 assessed valuation of the land in the annexed territory.
598	598		21 The remonstrance must be filed within ninety (90) days after the
599	599		22 publication of the annexation ordinance under section 7 of this chapter,
600	600		23 must be accompanied by a copy of that ordinance, and must state the
601	601		24 reason why the annexation should not take place.
602	602		25 (b) This subsection applies only to an annexation for which an
603	603		26 annexation ordinance was adopted before July 1, 2015. On receipt of
604	604		27 the remonstrance, the court shall determine whether the remonstrance
605	605		28 has the necessary signatures. In determining the total number of
606	606		29 landowners of the annexed territory and whether signers of the
607	607		30 remonstrance are landowners, the names appearing on the tax duplicate
608	608		31 for that territory constitute prima facie evidence of ownership. Only
609	609		32 one (1) person having an interest in each single property, as evidenced
610	610		33 by the tax duplicate, is considered a landowner for purposes of this
611	611		34 section.
612	612		35 (c) This subsection applies only to an annexation for which an
613	613		36 annexation ordinance was adopted before July 1, 2015. If the court
614	614		37 determines that the remonstrance is sufficient, the court shall fix a time,
615	615		38 within sixty (60) days after the court's determination, for a hearing on
616	616		39 the remonstrance. Notice of the proceedings, in the form of a summons,
617	617		40 shall be served on the annexing municipality. The municipality is the
618	618		41 defendant in the cause and shall appear and answer.
619	619		42 (d) This subsection applies only to an annexation for which an
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621	621		1 annexation ordinance was adopted after June 30, 2015, and before
622	622		2 April 1, 2022. If the requirements of section 11.3(c) or (after
623	623		3 December 31, 2016) section 11.4 of this chapter are met, the
624	624		4 annexation may be appealed by filing with the circuit or superior court
625	625		5 of a county in which the annexed territory is located:
626	626		6 (1) the signed remonstrances filed with the county auditor;
627	627		7 (2) the county auditor's certification under section 11.2(i) of this
628	628		8 chapter;
629	629		9 (3) the annexation ordinance; and
630	630		10 (4) a statement of the reason why the annexation should not take
631	631		11 place.
632	632		12 The remonstrance must be filed with the court not later than fifteen
633	633		13 (15) business days after the date the county auditor files the certificate
634	634		14 with the legislative body under section 11.2(i) of this chapter. After a
635	635		15 remonstrance petition is filed with the court, any person who signed a
636	636		16 remonstrance may file with the court a verified, written revocation of
637	637		17 the person's opposition to the annexation.
638	638		18 (e) If an annexation is initiated by property owners under section 5.1
639	639		19 of this chapter and all property owners within the area to be annexed
640	640		20 petition the municipality to be annexed, a remonstrance to the
641	641		21 annexation may not be filed under this section.
642	642		22 (f) (e) This subsection applies only to an annexation for which an
643	643		23 annexation ordinance is adopted before July 1, 2015. This subsection
644	644		24 applies if:
645	645		25 (1) the territory to be annexed consists of not more than one
646	646		26 hundred (100) parcels; and
647	647		27 (2) eighty percent (80%) of the boundary of the territory proposed
648	648		28 to be annexed is contiguous to the municipality.
649	649		29 An annexation may be appealed by filing with the circuit or superior
650	650		30 court of a county in which the annexed territory is located a written
651	651		31 remonstrance signed by at least seventy-five percent (75%) of the
652	652		32 owners of land in the annexed territory as determined under subsection
653	653		33 (b).
654	654		34 SECTION 12. IC 36-4-3-11.1, AS ADDED BY P.L.228-2015,
655	655		35 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
656	656		36 UPON PASSAGE]: Sec. 11.1. (a) This section applies only to an
657	657		37 annexation ordinance adopted after June 30, 2015, and before April
658	658		38 1, 2022.
659	659		39 (b) After a municipality adopts an annexation ordinance in
660	660		40 accordance with all applicable notice and hearing requirements under
661	661		41 this chapter, the annexation may not proceed unless the annexing
662	662		42 municipality completes the procedures set forth in this section.
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664	664		1 (c) The proper officers of the municipality must give notice of the
665	665		2 applicability of the remonstrance process by providing notice by:
666	666		3 (1) publication in accordance with IC 5-3-1; and
667	667		4 (2) first class mail or certified mail with return receipt requested,
668	668		5 or any other means of delivery that includes a return receipt;
669	669		6 to the circuit court clerk and to owners of real property described in
670	670		7 section 2.2 of this chapter. Notice under this section must be published
671	671		8 and mailed or delivered on the same date that notice of the adoption of
672	672		9 the annexation ordinance is published under section 7 of this chapter.
673	673		10 (d) The notice of the applicability of the remonstrance process under
674	674		11 subsection (c) must state the following:
675	675		12 (1) Any owners of real property within the area proposed to be
676	676		13 annexed who want to remonstrate against the proposed
677	677		14 annexation must complete and file remonstrance petitions in
678	678		15 compliance with this chapter. The notice must state:
679	679		16 (A) that remonstrance petitions must be filed not later than
680	680		17 ninety (90) days after the date that notice of the adoption of the
681	681		18 annexation ordinance was published under section 7 of this
682	682		19 chapter; and
683	683		20 (B) the last date in accordance with clause (A) that
684	684		21 remonstrance petitions must be filed with the county auditor
685	685		22 to be valid.
686	686		23 (2) A remonstrance petition may be signed at the locations
687	687		24 provided by the municipality under subsection (e). The notice
688	688		25 must provide the following information regarding each location:
689	689		26 (A) The address of the location.
690	690		27 (B) The dates and hours during which a remonstrance petition
691	691		28 may be signed at the location.
692	692		29 (e) Beginning the day after publication of the notice under
693	693		30 subsection (c) and ending not later than ninety (90) days after
694	694		31 publication of the notice under subsection (c), the municipality shall
695	695		32 provide both of the following:
696	696		33 (1) At least one (1) location in the offices of the municipality
697	697		34 where a person may sign a remonstrance petition during regular
698	698		35 business hours.
699	699		36 (2) At least one (1) additional location that is available for at least
700	700		37 five (5) days, where a person may sign a remonstrance petition.
701	701		38 The location must meet the following requirements:
702	702		39 (A) The location must be in a public building:
703	703		40 (i) owned or leased by the state or a political subdivision,
704	704		41 including a public library, community center, or parks and
705	705		42 recreation building; and
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707	707		1 (ii) located within the boundaries of the municipality or the
708	708		2 annexation territory.
709	709		3 (B) The location must be open according to the following:
710	710		4 (i) On a day that the location is open on a weekday, the
711	711		5 location must be open at a minimum from 5 p.m. to 9 p.m.
712	712		6 (ii) On a day that the location is open on a Saturday or
713	713		7 Sunday, the location must be open at least four (4) hours
714	714		8 during the period from 9 a.m. to 5 p.m.
715	715		9 (f) An additional location may not be open on a day that is a legal
716	716		10 holiday. At any location and during the hours that a remonstrance
717	717		11 petition may be signed, the municipality shall have a person present:
718	718		12 (1) to witness the signing of remonstrance petitions; and
719	719		13 (2) who shall swear and affirm before a notary public that the
720	720		14 person witnessed each person sign the remonstrance petition.
721	721		15 SECTION 13. IC 36-4-3-11.2, AS AMENDED BY P.L.206-2016,
722	722		16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
723	723		17 UPON PASSAGE]: Sec. 11.2. (a) This section applies only to an
724	724		18 annexation ordinance adopted after June 30, 2015, and before April
725	725		19 1, 2022.
726	726		20 (b) A remonstrance petition may be filed by an owner of real
727	727		21 property that:
728	728		22 (1) is within the area to be annexed;
729	729		23 (2) was not exempt from property taxes under IC 6-1.1-10 or any
730	730		24 other state law for the immediately preceding year; and
731	731		25 (3) is not subject to a valid waiver of remonstrance.
732	732		26 (c) A remonstrance petition must comply with the following in order
733	733		27 to be effective:
734	734		28 (1) Each signature on a remonstrance petition must be dated, and
735	735		29 the date of the signature may not be earlier than the date on which
736	736		30 the remonstrance forms may be issued by the county auditor
737	737		31 under subsection (e)(7).
738	738		32 (2) Each person who signs a remonstrance petition must indicate
739	739		33 the address of the real property owned by the person in the area
740	740		34 to be annexed.
741	741		35 (3) A remonstrance petition must be verified in compliance with
742	742		36 subsection (e).
743	743		37 (d) The state board of accounts shall design the remonstrance forms
744	744		38 to be used solely in the remonstrance process described in this section.
745	745		39 The state board of accounts shall provide the forms to the county
746	746		40 auditor in an electronic format that permits the county auditor to copy
747	747		41 or reproduce the forms using:
748	748		42 (1) the county auditor's own equipment; or
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750	750		1 (2) a commercial copying service.
751	751		2 The annexing municipality shall reimburse the county auditor for the
752	752		3 cost of reproducing the remonstrance forms.
753	753		4 (e) The county auditor's office shall issue remonstrance forms
754	754		5 accompanied by instructions detailing all of the following
755	755		6 requirements:
756	756		7 (1) The closing date for the remonstrance period.
757	757		8 (2) Only one (1) person having an interest in each single property
758	758		9 as evidenced by the tax duplicate is considered an owner of
759	759		10 property and may sign a remonstrance petition. A person is
760	760		11 entitled to sign a petition only one (1) time in a remonstrance
761	761		12 process, regardless of whether the person owns more than one (1)
762	762		13 parcel of real property.
763	763		14 (3) An individual may not be:
764	764		15 (A) compensated for; or
765	765		16 (B) reimbursed for expenses incurred in;
766	766		17 circulating a remonstrance petition and obtaining signatures.
767	767		18 (4) The remonstrance petition may be executed in several
768	768		19 counterparts, the total of which constitutes the remonstrance
769	769		20 petition. An affidavit of the person circulating a counterpart must
770	770		21 be attached to the counterpart. The affidavit must state that each
771	771		22 signature appearing on the counterpart was affixed in the person's
772	772		23 presence and is the true and lawful signature of the signer. The
773	773		24 affidavit must be notarized.
774	774		25 (5) A remonstrance petition that is not executed in counterparts
775	775		26 must be verified by the person signing the petition in the manner
776	776		27 prescribed by the state board of accounts and notarized.
777	777		28 (6) A remonstrance petition may be delivered to the county
778	778		29 auditor's office in person or by:
779	779		30 (A) certified mail, return receipt requested; or
780	780		31 (B) any other means of delivery that includes a return receipt.
781	781		32 The remonstrance petition must be postmarked not later than the
782	782		33 closing date for the remonstrance period.
783	783		34 (7) The county auditor's office may not issue a remonstrance
784	784		35 petition earlier than the day that notice is published under section
785	785		36 11.1 of this chapter. The county auditor's office shall certify the
786	786		37 date of issuance on each remonstrance petition. Any person may
787	787		38 pick up additional copies of the remonstrance petition to
788	788		39 distribute to other persons.
789	789		40 (8) A person who signs a remonstrance petition may withdraw the
790	790		41 person's signature from a remonstrance petition before a
791	791		42 remonstrance petition is filed with the county auditor by filing a
792		-	SB 73—LS 6364/DI 87 19
	792	+	2022 IN 73—LS 6364/DI 87 19
793	793		1 verified request to remove the person's name from the
794	794		2 remonstrance petition. Names may not be added to a
795	795		3 remonstrance petition after the remonstrance petition is filed with
796	796		4 the county auditor.
797	797		5 (f) The county auditor shall prepare and update weekly a list of the
798	798		6 persons who have signed a remonstrance petition. The list must include
799	799		7 a statement that the list includes all persons who have signed a
800	800		8 remonstrance petition as of a particular date, and does not represent a
801	801		9 list of persons certified by the county auditor as actual landowners in
802	802		10 the annexation territory using the auditor's current tax records under
803	803		11 subsection (i). The county auditor shall post the list in the office of the
804	804		12 county auditor. The list is a public record under IC 5-14-3.
805	805		13 (g) Not later than five (5) business days after receiving the
806	806		14 remonstrance petition, the county auditor shall submit a copy of the
807	807		15 remonstrance petition to the legislative body of the annexing
808	808		16 municipality.
809	809		17 (h) Not later than fifteen (15) business days after the legislative
810	810		18 body of the annexing municipality receives a copy of the remonstrance
811	811		19 petition from the county auditor, the annexing municipality shall
812	812		20 provide documentation to the county auditor regarding any valid waiver
813	813		21 of the right of remonstrance that exists on the property within the
814	814		22 annexation territory.
815	815		23 (i) Not later than fifteen (15) business days after receiving the
816	816		24 documentation regarding any valid waiver of the right of remonstrance
817	817		25 from the annexing municipality under subsection (h), if any, the county
818	818		26 auditor's office shall make a final determination of the number of
819	819		27 owners of real property within the territory to be annexed:
820	820		28 (1) who signed the remonstrance; and
821	821		29 (2) whose property is not subject to a valid waiver of the right of
822	822		30 remonstrance;
823	823		31 using the auditor's current tax records as provided in section 2.2 of this
824	824		32 chapter. The county auditor shall file a certificate with the legislative
825	825		33 body of the annexing municipality certifying the number of property
826	826		34 owners not later than five (5) business days after making the
827	827		35 determination.
828	828		36 SECTION 14. IC 36-4-3-11.3, AS ADDED BY P.L.228-2015,
829	829		37 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
830	830		38 UPON PASSAGE]: Sec. 11.3. (a) This section applies only to an
831	831		39 annexation ordinance adopted after June 30, 2015, and before April
832	832		40 1, 2022.
833	833		41 (b) An annexation ordinance is void if a written remonstrance
834	834		42 petition is signed by one (1) of the following:
835		-	SB 73—LS 6364/DI 87 20
	835	+	2022 IN 73—LS 6364/DI 87 20
836	836		1 (1) At least sixty-five percent (65%) of the owners of land in the
837	837		2 annexed territory. An owner of land may not:
838	838		3 (A) be counted in calculating the total number of owners of
839	839		4 land in the annexation territory; or
840	840		5 (B) have the owner's signature counted on a remonstrance;
841	841		6 with regard to any single property that an owner has an interest in
842	842		7 that was exempt from property taxes under IC 6-1.1-10 or any
843	843		8 other state law for the immediately preceding year.
844	844		9 (2) The owners of at least eighty percent (80%) in assessed
845	845		10 valuation of the land in the annexed territory. Land that was
846	846		11 exempt from property taxes under IC 6-1.1-10 or any other state
847	847		12 law for the immediately preceding year may not be included in
848	848		13 calculating the total assessed valuation of the land in the
849	849		14 annexation territory. The court may not count the owner's
850	850		15 signature on a remonstrance with regard to any single property
851	851		16 that the owner has an interest in that was exempt from property
852	852		17 taxes under IC 6-1.1-10 or any other state law for the immediately
853	853		18 preceding year.
854	854		19 (c) The annexation may be appealed to the court under section 11
855	855		20 of this chapter, if a written remonstrance is signed by one (1) of the
856	856		21 following:
857	857		22 (1) At least fifty-one percent (51%) but less than sixty-five
858	858		23 percent (65%) of the owners of land. An owner of land may not:
859	859		24 (A) be counted in calculating the total number of owners of
860	860		25 land in the annexation territory; or
861	861		26 (B) have the owner's signature counted on a remonstrance;
862	862		27 with regard to any single property that the owner has an interest
863	863		28 in that was exempt from property taxes under IC 6-1.1-10 or any
864	864		29 other state law for the immediately preceding year.
865	865		30 (2) The owners of at least sixty percent (60%) but less than eighty
866	866		31 percent (80%) in assessed valuation of land in the annexed
867	867		32 territory. Land that was exempt from property taxes under
868	868		33 IC 6-1.1-10 or any other state law for the immediately preceding
869	869		34 year may not be included in calculating the total assessed
870	870		35 valuation of the land in the annexation territory. The court may
871	871		36 not count an owner's signature on a remonstrance with regard to
872	872		37 any single property that the owner has an interest in that was
873	873		38 exempt from property taxes under IC 6-1.1-10 or any other state
874	874		39 law for the immediately preceding year.
875	875		40 SECTION 15. IC 36-4-3-11.4, AS ADDED BY P.L.228-2015,
876	876		41 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
877	877		42 UPON PASSAGE]: Sec. 11.4. (a) This section applies only to an
878		-	SB 73—LS 6364/DI 87 21
	878	+	2022 IN 73—LS 6364/DI 87 21
879	879		1 annexation that the meets all of the following requirements:
880	880		2 (1) The annexation ordinance is adopted after December 31,
881	881		3 2016, and before April 1, 2022.
882	882		4 (2) Notwithstanding the contiguity requirements of section 1.5 of
883	883		5 this chapter, at least one-tenth (1/10) of the aggregate external
884	884		6 boundaries of the territory sought to be annexed coincides with
885	885		7 the boundaries of:
886	886		8 (A) the municipality; and
887	887		9 (B) the site of an economic development project.
888	888		10 (b) As used in this section, "economic development project" means
889	889		11 any project developed by the municipality that meets all of the
890	890		12 following requirements:
891	891		13 (1) The annexing municipality determines that the project will:
892	892		14 (A) promote significant opportunities for the gainful
893	893		employment of its citizens;15
894	894		16 (B) attract a major new business enterprise to the municipality;
895	895		17 or
896	896		18 (C) retain or expand a significant business enterprise within
897	897		19 the municipality.
898	898		20 (2) The project involves expenditures by the annexing
899	899		21 municipality for any of the following:
900	900		22 (A) Land acquisition, interests in land, site improvements,
901	901		23 infrastructure improvements, buildings, or structures.
902	902		24 (B) Rehabilitation, renovation, and enlargement of buildings
903	903		25 and structures.
904	904		26 (C) Machinery, equipment, furnishings, or facilities.
905	905		27 (D) Substance removal or remedial action.
906	906		28 (c) Notwithstanding section 11.3(b) of this chapter, even if a
907	907		29 remonstrance has enough signatures to satisfy the requirements of
908	908		30 section 11.3(b) of this chapter, the annexation ordinance is not void and
909	909		31 may be appealed to the court under section 11 of this chapter, if all of
910	910		the following requirements are met:32
911	911		33 (1) The economic development project site needs the following
912	912		34 capital services that the municipality is lawfully able to provide:
913	913		35 (A) water;
914	914		36 (B) sewer;
915	915		37 (C) gas; or
916	916		38 (D) any combination of the capital services described in
917	917		39 clauses (A) through (C).
918	918		40 (2) The municipality finds that it is in the municipality's best
919	919		41 interest to annex the annexation territory in order to extend,
920	920		42 construct, or operate the capital services that are provided to the
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	921	+	2022 IN 73—LS 6364/DI 87 22
922	922		1 economic development project site.
923	923		2 (3) Before the date the annexation ordinance is adopted, a
924	924		3 taxpayer whose business will occupy the economic development
925	925		4 project site has done at least one (1) of the following:
926	926		5 (A) Filed a statement of benefits under IC 6-1.1-12.1 with the
927	927		6 designating body for the annexing municipality for a deduction
928	928		7 or abatement.
929	929		8 (B) Entered into an agreement with the Indiana economic
930	930		9 development corporation for a credit under IC 6-3.1-13.
931	931		10 (d) If the economic development project:
932	932		11 (1) has not commenced within twelve (12) months after the date
933	933		the annexation 12 ordinance is adopted; or
934	934		13 (2) is not completed within thirty-six (36) months after the date
935	935		14 the annexation ordinance is adopted;
936	936		15 the annexation territory is disannexed from the municipality and reverts
937	937		16 to the jurisdiction of the unit having jurisdiction before the annexation.
938	938		17 For purposes of this subsection, a an economic development project is
939	939		18 considered to have commenced on the day that the physical erection,
940	940		19 installation, alteration, repair, or remodeling of a building or structure
941	941		20 commences on the site of the economic development project.
942	942		21 SECTION 16. IC 36-4-3-11.5 IS AMENDED TO READ AS
943	943		22 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) A
944	944		23 landowner in an unincorporated area is not required to grant a
945	945		24 municipality a waiver against remonstrance as a condition of
946	946		25 connection to a sewer or water service if all of the following conditions
947	947		26 apply:
948	948		27 (1) The landowner is required to connect to the sewer or water
949	949		28 service because a person other than the landowner has polluted or
950	950		29 contaminated the area.
951	951		30 (2) A person other than the landowner or the municipality has
952	952		31 paid the cost of connection to the service.
953	953		32 (b) Notwithstanding any other law, a waiver against
954	954		33 remonstrance is effective and binding on a landowner or a
955	955		34 successor in title only with regard to an annexation for which the
956	956		35 annexation ordinance was adopted before April 1, 2022.
957	957		36 SECTION 17. IC 36-4-3-11.6, AS ADDED BY P.L.228-2015,
958	958		37 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
959	959		38 UPON PASSAGE]: Sec. 11.6. (a) This section applies to a
960	960		39 remonstrance filed after June 30, 2015, and before April 1, 2022.
961	961		40 (b) If the court orders an annexation not to take place after a hearing
962	962		41 under section 11 of this chapter, the remonstrators shall be reimbursed
963	963		42 by the annexing municipality for any reasonable attorney's fees,
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	964	+	2022 IN 73—LS 6364/DI 87 23
965	965		1 including litigation expenses and appeal costs:
966	966		2 (1) that are incurred:
967	967		3 (A) after the date the annexation ordinance is adopted; and
968	968		4 (B) in remonstrating against the annexation; and
969	969		5 (2) not to exceed thirty-seven thousand five hundred dollars
970	970		6 ($37,500).
971	971		7 SECTION 18. IC 36-4-3-11.7, AS AMENDED BY P.L.257-2019,
972	972		8 SECTION 112, IS AMENDED TO READ AS FOLLOWS
973	973		9 [EFFECTIVE UPON PASSAGE]: Sec. 11.7. (a) This subsection
974	974		10 applies to any deed recorded after June 30, 2015. This subsection
975	975		11 applies only to property that is subject to a remonstrance waiver. A
976	976		12 municipality shall, within a reasonable time after the recording of a
977	977		13 deed to property located within the municipality, provide written notice
978	978		14 to the property owner that a waiver of the right of remonstrance exists
979	979		15 with respect to the property.
980	980		16 (b) A remonstrance waiver executed before July 1, 2003, is void.
981	981		17 This subsection does not invalidate an annexation that was effective on
982	982		18 or before July 1, 2019.
983	983		19 (c) A remonstrance waiver executed after June 30, 2003, and before
984	984		20 July 1, 2019, is subject to the following:
985	985		21 (1) The waiver is void unless the waiver was recorded:
986	986		22 (A) before January 1, 2020; and
987	987		23 (B) with the county recorder of the county where the property
988	988		24 subject to the waiver is located.
989	989		25 (2) A waiver that is not void under subdivision (1) expires not
990	990		26 later than fifteen (15) years after the date the waiver is executed.
991	991		27 This subsection does not invalidate an annexation that was effective on
992	992		28 or before July 1, 2019.
993	993		29 (d) A remonstrance waiver executed after June 30, 2019, is subject
994	994		30 to the following: (1) The waiver is void unless the waiver is must be
995	995		31 recorded (A) not later than thirty (30) business days after the date the
996	996		32 waiver was executed and (B) with the county recorder of the county
997	997		33 where the property subject to the waiver is located. (2) A waiver that
998	998		34 is not void under subdivision (1) expires not later than fifteen (15)
999	999		35 years after the date the waiver is executed. This subsection does not
1000	1000		36 invalidate an annexation that was effective on or before July 1, 2019.
1001	1001		37 (e) Notwithstanding any other law, a remonstrance waiver is
1002	1002		38 effective and binding on a landowner or a successor in title only
1003	1003		39 with regard to an annexation for which the annexation ordinance
1004	1004		40 was adopted before April 1, 2022.
1005	1005		41 SECTION 19. IC 36-4-3-12, AS AMENDED BY P.L.113-2010,
1006	1006		42 SECTION 117, IS AMENDED TO READ AS FOLLOWS
1007		-	SB 73—LS 6364/DI 87 24
	1007	+	2022 IN 73—LS 6364/DI 87 24
1008	1008		1 [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The circuit or superior
1009	1009		2 court shall:
1010	1010		3 (1) on the date fixed under:
1011	1011		4 (A) section 11 of this chapter (in the case of an annexation
1012	1012		5 for which an annexation ordinance is adopted before April
1013	1013		6 1, 2022), hear and determine the remonstrance without a jury;
1014	1014		7 or
1015	1015		8 (B) section 5.5 of this chapter (in the case of an annexation
1016	1016		9 for which an annexation ordinance is adopted after March
1017	1017		10 31, 2022), hear and determine the petition without a jury;
1018	1018		11 and
1019	1019		12 (2) without delay, enter judgment on the question of the
1020	1020		13 annexation according to the evidence that either party may
1021	1021		14 introduce.
1022	1022		15 (b) If the court enters judgment in favor of the annexation, the
1023	1023		16 annexation may not take effect during the year preceding the year in
1024	1024		17 which a federal decennial census is conducted. An annexation that
1025	1025		18 would otherwise take effect during the year preceding a year in which
1026	1026		19 a federal decennial census is conducted takes effect January 1 of the
1027	1027		20 year in which a federal decennial census is conducted.
1028	1028		21 SECTION 20. IC 36-4-3-13, AS AMENDED BY P.L.206-2016,
1029	1029		22 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1030	1030		23 UPON PASSAGE]: Sec. 13. (a) Except as provided in subsection (e),
1031	1031		24 at the hearing under section 12 of this chapter, the court shall order a
1032	1032		25 proposed annexation to take place if the following requirements are
1033	1033		26 met:
1034	1034		27 (1) The requirements of either subsection (b) or (c).
1035	1035		28 (2) The requirements of subsection (d).
1036	1036		29 (3) The requirements of subsection (i) (in the case of an
1037	1037		30 annexation for which an annexation ordinance is adopted
1038	1038		31 before April 1, 2022).
1039	1039		32 (b) The requirements of this subsection are met if the evidence
1040	1040		33 establishes the following:
1041	1041		34 (1) That the territory sought to be annexed is contiguous to the
1042	1042		35 municipality.
1043	1043		36 (2) One (1) of the following:
1044	1044		37 (A) The resident population density of the territory sought to
1045	1045		38 be annexed is at least three (3) persons per acre.
1046	1046		39 (B) Sixty percent (60%) of the territory is subdivided.
1047	1047		40 (C) The territory is zoned for commercial, business, or
1048	1048		41 industrial uses.
1049	1049		42 (c) The requirements of this subsection are met if the evidence
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	1050	+	2022 IN 73—LS 6364/DI 87 25
1051	1051		1 establishes one (1) of the following:
1052	1052		2 (1) That the territory sought to be annexed is:
1053	1053		3 (A) contiguous to the municipality as required by section 1.5
1054	1054		4 of this chapter, except that at least one-fourth (1/4), instead of
1055	1055		5 one-eighth (1/8), of the aggregate external boundaries of the
1056	1056		6 territory sought to be annexed must coincide with the
1057	1057		7 boundaries of the municipality; and
1058	1058		8 (B) needed and can be used by the municipality for its
1059	1059		9 development in the reasonably near future.
1060	1060		10 (2) This subdivision applies only to an annexation for which an
1061	1061		11 annexation ordinance is adopted after December 31, 2016, and
1062	1062		12 before April 1, 2022. That the territory sought to be annexed
1063	1063		13 involves an economic development project and the requirements
1064	1064		14 of section 11.4 of this chapter are met.
1065	1065		15 (d) The requirements of this subsection are met if the evidence
1066	1066		16 establishes that the municipality has developed and adopted a written
1067	1067		17 fiscal plan and has established a definite policy, by resolution of the
1068	1068		18 legislative body as set forth in section 3.1 of this chapter. The fiscal
1069	1069		19 plan must show the following:
1070	1070		20 (1) The cost estimates of planned services to be furnished to the
1071	1071		21 territory to be annexed. The plan must present itemized estimated
1072	1072		22 costs for each municipal department or agency.
1073	1073		23 (2) The method or methods of financing the planned services. The
1074	1074		24 plan must explain how specific and detailed expenses will be
1075	1075		25 funded and must indicate the taxes, grants, and other funding to
1076	1076		26 be used.
1077	1077		27 (3) The plan for the organization and extension of services. The
1078	1078		28 plan must detail the specific services that will be provided and the
1079	1079		29 dates the services will begin.
1080	1080		30 (4) That planned services of a noncapital nature, including police
1081	1081		31 protection, fire protection, street and road maintenance, and other
1082	1082		32 noncapital services normally provided within the corporate
1083	1083		33 boundaries, will be provided to the annexed territory within one
1084	1084		34 (1) year after the effective date of annexation and that they will be
1085	1085		35 provided in a manner equivalent in standard and scope to those
1086	1086		36 noncapital services provided to areas within the corporate
1087	1087		37 boundaries regardless of similar topography, patterns of land use,
1088	1088		38 and population density.
1089	1089		39 (5) That services of a capital improvement nature, including street
1090	1090		40 construction, street lighting, sewer facilities, water facilities, and
1091	1091		41 stormwater storm water drainage facilities, will be provided to
1092	1092		42 the annexed territory within three (3) years after the effective date
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	1093	+	2022 IN 73—LS 6364/DI 87 26
1094	1094		1 of the annexation in the same manner as those services are
1095	1095		2 provided to areas within the corporate boundaries, regardless of
1096	1096		3 similar topography, patterns of land use, and population density,
1097	1097		4 and in a manner consistent with federal, state, and local laws,
1098	1098		5 procedures, and planning criteria.
1099	1099		6 (6) This subdivision applies to a fiscal plan prepared after June
1100	1100		7 30, 2015. The estimated effect of the proposed annexation on
1101	1101		8 taxpayers in each of the political subdivisions to which the
1102	1102		9 proposed annexation applies, including the expected tax rates, tax
1103	1103		10 levies, expenditure levels, service levels, and annual debt service
1104	1104		11 payments in those political subdivisions for four (4) years after
1105	1105		12 the effective date of the annexation.
1106	1106		13 (7) This subdivision applies to a fiscal plan prepared after June
1107	1107		14 30, 2015. The estimated effect the proposed annexation will have
1108	1108		15 on municipal finances, specifically how municipal tax revenues
1109	1109		16 will be affected by the annexation for four (4) years after the
1110	1110		17 effective date of the annexation.
1111	1111		18 (8) This subdivision applies to a fiscal plan prepared after June
1112	1112		19 30, 2015. Any estimated effects on political subdivisions in the
1113	1113		20 county that are not part of the annexation and on taxpayers
1114	1114		21 located in those political subdivisions for four (4) years after the
1115	1115		22 effective date of the annexation.
1116	1116		23 (9) This subdivision applies to a fiscal plan prepared after June
1117	1117		24 30, 2015. A list of all parcels of property in the annexation
1118	1118		territory and the following information regarding each parcel:25
1119	1119		26 (A) The name of the owner of the parcel.
1120	1120		27 (B) The parcel identification number.
1121	1121		28 (C) The most recent assessed value of the parcel.
1122	1122		29 (D) The existence of a known waiver of the right to
1123	1123		30 remonstrate on the parcel. This clause applies only to a fiscal
1124	1124		31 plan prepared after June 30, 2016, and before April 1, 2022.
1125	1125		32 (e) At the hearing under section 12 of this chapter with regard to
1126	1126		33 an annexation for which an annexation ordinance was adopted
1127	1127		34 before April 1, 2022, the court shall do the following:
1128	1128		35 (1) Consider evidence on the conditions listed in subdivision (2).
1129	1129		36 (2) Order a proposed annexation not to take place if the court
1130	1130		37 finds that all of the following conditions that are applicable to the
1131	1131		38 annexation exist in the territory proposed to be annexed:
1132	1132		39 (A) This clause applies only to an annexation for which an
1133	1133		40 annexation ordinance was adopted before July 1, 2015. The
1134	1134		41 following services are adequately furnished by a provider
1135	1135		42 other than the municipality seeking the annexation:
1136		-	SB 73—LS 6364/DI 87 27
	1136	+	2022 IN 73—LS 6364/DI 87 27
1137	1137		1 (i) Police and fire protection.
1138	1138		2 (ii) Street and road maintenance.
1139	1139		3 (B) The annexation will have a significant financial impact on
1140	1140		4 the residents or owners of land. The court may not consider:
1141	1141		5 (i) the personal finances; or
1142	1142		6 (ii) the business finances;
1143	1143		7 of a resident or owner of land. The personal and business
1144	1144		8 financial records of the residents or owners of land, including
1145	1145		9 state, federal, and local income tax returns, may not be subject
1146	1146		10 to a subpoena or discovery proceedings.
1147	1147		11 (C) The annexation is not in the best interests of the owners of
1148	1148		12 land in the territory proposed to be annexed as set forth in
1149	1149		13 subsection (f).
1150	1150		14 (D) This clause applies only to an annexation for which an
1151	1151		15 annexation ordinance is adopted before July 1, 2015. One (1)
1152	1152		16 of the following opposes the annexation:
1153	1153		17 (i) At least sixty-five percent (65%) of the owners of land in
1154	1154		18 the territory proposed to be annexed.
1155	1155		19 (ii) The owners of more than seventy-five percent (75%) in
1156	1156		20 assessed valuation of the land in the territory proposed to be
1157	1157		21 annexed.
1158	1158		22 Evidence of opposition may be expressed by any owner of land
1159	1159		23 in the territory proposed to be annexed.
1160	1160		24 (E) This clause applies only to an annexation for which an
1161	1161		25 annexation ordinance is adopted after June 30, 2015, and
1162	1162		26 before April 1, 2022. One (1) of the following opposes the
1163	1163		27 annexation:
1164	1164		28 (i) At least fifty-one percent (51%) of the owners of land in
1165	1165		29 the territory proposed to be annexed.
1166	1166		30 (ii) The owners of more than sixty percent (60%) in assessed
1167	1167		31 valuation of the land in the territory proposed to be annexed.
1168	1168		32 The remonstrance petitions filed with the court under section
1169	1169		33 11 of this chapter are evidence of the number of owners of
1170	1170		34 land that oppose the annexation, minus any written revocations
1171	1171		35 of remonstrances that are filed with the court under section 11
1172	1172		36 of this chapter.
1173	1173		37 (F) This clause applies only to an annexation for which an
1174	1174		38 annexation ordinance is adopted before July 1, 2015. This
1175	1175		39 clause applies only to an annexation in which eighty percent
1176	1176		40 (80%) of the boundary of the territory proposed to be annexed
1177	1177		41 is contiguous to the municipality and the territory consists of
1178	1178		42 not more than one hundred (100) parcels. At least seventy-five
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	1179	+	2022 IN 73—LS 6364/DI 87 28
1180	1180		1 percent (75%) of the owners of land in the territory proposed
1181	1181		2 to be annexed oppose the annexation as determined under
1182	1182		3 section 11(b) of this chapter.
1183	1183		4 (f) This subsection applies only to an annexation for which an
1184	1184		5 annexation ordinance is adopted before April 1, 2022. The
1185	1185		6 municipality under subsection (e)(2)(C) bears the burden of proving
1186	1186		7 that the annexation is in the best interests of the owners of land in the
1187	1187		8 territory proposed to be annexed. In determining this issue, the court
1188	1188		9 may consider whether the municipality has extended sewer or water
1189	1189		10 services to the entire territory to be annexed:
1190	1190		11 (1) within the three (3) years preceding the date of the
1191	1191		12 introduction of the annexation ordinance; or
1192	1192		13 (2) under a contract in lieu of annexation entered into under
1193	1193		14 IC 36-4-3-21.
1194	1194		15 The court may not consider the provision of water services as a result
1195	1195		16 of an order by the Indiana utility regulatory commission to constitute
1196	1196		17 the provision of water services to the territory to be annexed.
1197	1197		18 (g) The most recent:
1198	1198		19 (1) federal decennial census;
1199	1199		20 (2) federal special census;
1200	1200		21 (3) special tabulation; or
1201	1201		22 (4) corrected population count;
1202	1202		23 shall be used as evidence of resident population density for purposes
1203	1203		24 of subsection (b)(2)(A), but this evidence may be rebutted by other
1204	1204		25 evidence of population density.
1205	1205		26 (h) A municipality that prepares a fiscal plan after June 30, 2015,
1206	1206		27 must comply with this subsection. A municipality may not amend the
1207	1207		28 fiscal plan after the date that:
1208	1208		29 (1) a remonstrance is filed with the court under section 11 of this
1209	1209		30 chapter (in the case of an annexation for which an annexation
1210	1210		31 ordinance was adopted before April 1, 2022); or
1211	1211		32 (2) a petition is filed with the court under section 5.5 of this
1212	1212		33 chapter (in the case of an annexation for which an annexation
1213	1213		34 ordinance was adopted after March 31, 2022);
1214	1214		35 unless amendment of the fiscal plan is consented to by at least
1215	1215		36 sixty-five percent (65%) of the persons who signed the remonstrance
1216	1216		or the petition.37
1217	1217		38 (i) The municipality must submit proof that the municipality has
1218	1218		39 complied with:
1219	1219		40 (A) (1) the outreach program requirements and notice
1220	1220		41 requirements of section 1.7 of this chapter; and
1221	1221		42 (B) (2) the requirements of section 11.1 of this chapter (in the
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1223	1223		1 case of an annexation for which an annexation ordinance was
1224	1224		2 adopted after June 30, 2015, and before April 1, 2022).
1225	1225		3 SECTION 21. IC 36-4-3-15, AS AMENDED BY P.L.228-2015,
1226	1226		4 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1227	1227		5 UPON PASSAGE]: Sec. 15. (a) The court's judgment under section 12
1228	1228		6 or 15.5 of this chapter must specify the annexation ordinance. on which
1229	1229		7 the remonstrance is based. The clerk of the court shall deliver a
1230	1230		8 certified copy of the final and unappealable judgment to the clerk of the
1231	1231		9 municipality. The clerk of the municipality shall:
1232	1232		10 (1) record the judgment in the clerk's ordinance record; and
1233	1233		11 (2) make a cross-reference to the record of the judgment on the
1234	1234		12 margin of the record of the annexation ordinance.
1235	1235		13 (b) If a final and unappealable judgment under section 12 or 15.5 of
1236	1236		14 this chapter is adverse to annexation, the municipality may not make
1237	1237		15 further attempts to annex the territory or any part of the territory during
1238	1238		16 the four (4) years after the later of:
1239	1239		17 (1) the judgment of the circuit or superior court; or
1240	1240		18 (2) the date of the final disposition of all appeals to a higher court;
1241	1241		19 unless the annexation is petitioned for under section 5 or 5.1 of this
1242	1242		20 chapter.
1243	1243		21 (c) This subsection applies if a municipality repeals the annexation
1244	1244		22 ordinance:
1245	1245		23 (1) less than sixty-one (61) days after the publication of the
1246	1246		24 ordinance under section 7(a) of this chapter; and
1247	1247		25 (2) before the hearing commences:
1248	1248		26 (A) on the remonstrance under section 11(c) of this chapter (in
1249	1249		the 27 case of an annexation for which an annexation
1250	1250		28 ordinance is adopted before April 1, 2022); or
1251	1251		(B) on the petition under section 12 of this chapter (in the29
1252	1252		30 case of an annexation for which an annexation ordinance
1253	1253		31 is adopted after March 31, 2022).
1254	1254		32 A municipality may not make further attempts to annex the territory or
1255	1255		33 any part of the territory during the twelve (12) months after the date the
1256	1256		34 municipality repeals the annexation ordinance. This subsection does
1257	1257		35 not prohibit an annexation of the territory or part of the territory that is
1258	1258		36 petitioned for under section 5 or 5.1 of this chapter.
1259	1259		37 (d) This subsection applies if a municipality repeals the annexation
1260	1260		38 ordinance:
1261	1261		39 (1) at least sixty-one (61) days but not more than one hundred
1262	1262		40 twenty (120) days after the publication of the ordinance under
1263	1263		41 section 7(a) of this chapter; and
1264	1264		42 (2) before the hearing commences:
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1266	1266		1 (A) on the remonstrance under section 11(c) of this chapter (in
1267	1267		2 the case of an annexation for which an annexation
1268	1268		3 ordinance is adopted before April 1, 2022); or
1269	1269		(B) on the petition under section 12 of this chapter (in the4
1270	1270		5 case of an annexation for which an annexation ordinance
1271	1271		6 is adopted after March 31, 2022).
1272	1272		7 A municipality may not make further attempts to annex the territory or
1273	1273		8 any part of the territory during the twenty-four (24) months after the
1274	1274		9 date the municipality repeals the annexation ordinance. This subsection
1275	1275		10 does not prohibit an annexation of the territory or part of the territory
1276	1276		11 that is petitioned for under section 5 or 5.1 of this chapter.
1277	1277		12 (e) This subsection applies if a municipality repeals the annexation
1278	1278		13 ordinance:
1279	1279		14 (1) either:
1280	1280		15 (A) at least one hundred twenty-one (121) days after
1281	1281		16 publication of the ordinance under section 7(a) of this chapter
1282	1282		17 but before the hearing commences:
1283	1283		18 (i) on the remonstrance under section 11(c) of this chapter
1284	1284		19 (in the case of an annexation for which an annexation
1285	1285		20 ordinance is adopted before April 1, 2022); or
1286	1286		(ii) on the petition under section 12 of this chapter (in the21
1287	1287		22 case of an annexation for which an annexation ordinance
1288	1288		23 is adopted after March 31, 2022); or
1289	1289		24 (B) after the hearing commences:
1290	1290		25 (i) on the remonstrance as set forth in section 11(c) of this
1291	1291		26 chapter (in the case of an annexation for which an
1292	1292		27 annexation ordinance is adopted before April 1, 2022);
1293	1293		28 or
1294	1294		(ii) on the petition under section 12 of this chapter (in the29
1295	1295		30 case of an annexation for which an annexation ordinance
1296	1296		31 is adopted after March 31, 2022); and
1297	1297		32 (2) before the date of the judgment of the circuit or superior court
1298	1298		33 as set forth in subsection (b).
1299	1299		34 A municipality may not make further attempts to annex the territory or
1300	1300		35 any part of the territory during the forty-two (42) months after the date
1301	1301		36 the municipality repeals the annexation ordinance. This subsection
1302	1302		37 does not prohibit an annexation of the territory or part of the territory
1303	1303		38 that is petitioned for under section 5 or 5.1 of this chapter.
1304	1304		39 (f) An annexation is effective when the clerk of the municipality
1305	1305		40 complies with the filing requirement of section 22(a) of this chapter.
1306	1306		41 SECTION 22. IC 36-4-3-15.3, AS AMENDED BY P.L.156-2020,
1307	1307		42 SECTION 138, IS AMENDED TO READ AS FOLLOWS
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1309	1309		1 [EFFECTIVE UPON PASSAGE]: Sec. 15.3. (a) As used in this
1310	1310		2 section, "prohibition against annexation" means that a municipality
1311	1311		3 may not make further attempts to annex certain territory or any part of
1312	1312		4 that territory.
1313	1313		5 (b) As used in this section, "settlement agreement" means a written
1314	1314		6 court approved settlement of a dispute involving annexation under this
1315	1315		7 chapter between a municipality and remonstrators.
1316	1316		8 (c) Under a settlement agreement between the annexing
1317	1317		9 municipality and either:
1318	1318		10 (1) seventy-five percent (75%) or more of all landowners
1319	1319		11 participating in the remonstrance; or
1320	1320		12 (2) the owners of more than seventy-five percent (75%) in
1321	1321		13 assessed valuation of the land owned by all landowners
1322	1322		14 participating in the remonstrance;
1323	1323		15 the parties may mutually agree to a prohibition against annexation of
1324	1324		16 all or part of the territory by the municipality for a period not to exceed
1325	1325		17 twenty (20) years. The settlement agreement may address issues and
1326	1326		18 bind the parties to matters relating to the provision by a municipality
1327	1327		19 of planned services of a noncapital nature and services of a capital
1328	1328		20 improvement nature (as described in section 13(d) of this chapter), in
1329	1329		21 addition to a prohibition against annexation. The settlement agreement
1330	1330		22 is binding upon the successors, heirs, and assigns of the parties to the
1331	1331		23 agreement. However, the settlement agreement may be amended or
1332	1332		24 revised periodically on further agreement between the annexing
1333	1333		25 municipality and landowners who meet the qualifications of
1334	1334		26 subdivision (1) or (2).
1335	1335		27 (d) A settlement agreement executed after March 31, 2022, is
1336	1336		28 void.
1337	1337		29 SECTION 23. IC 36-4-3-15.5, AS AMENDED BY P.L.207-2014,
1338	1338		30 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1339	1339		31 UPON PASSAGE]: Sec. 15.5. (a) Except as provided in subsection (b):
1340	1340		32 (1) an owner of land within one-half (1/2) mile of territory
1341	1341		33 proposed to be annexed under this chapter; or
1342	1342		34 (2) a municipality located in the same county as the territory
1343	1343		35 proposed to be annexed;
1344	1344		36 may, not later than sixty (60) days after the publication of the
1345	1345		37 annexation ordinance, appeal that annexation to a circuit court or
1346	1346		38 superior court of a county in which the annexed territory is located. The
1347	1347		39 complaint must state that the reason the annexation should not take
1348	1348		40 place is that the territory sought to be annexed is not contiguous to the
1349	1349		41 annexing municipality.
1350	1350		42 (b) This subsection applies to an annexation initiated by property
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	1351	+	2022 IN 73—LS 6364/DI 87 32
1352	1352		1 owners under section 5.1 of this chapter in which all property owners
1353	1353		2 within the area to be annexed petition the municipality to be annexed.
1354	1354		3 Either of the following may appeal that annexation to a circuit court or
1355	1355		4 superior court of a county in which the annexed territory is located:
1356	1356		5 (1) An owner of land within one-half (1/2) mile of the territory
1357	1357		6 proposed to be annexed under this chapter.
1358	1358		7 (2) A municipality located in the same county as the territory
1359	1359		8 proposed to be annexed.
1360	1360		9 An appeal under this subsection must be filed not later than thirty (30)
1361	1361		10 days after the publication of the annexation ordinance. The complaint
1362	1362		11 must state that the reason the annexation should not take place is that
1363	1363		12 the territory sought to be annexed is not contiguous to the annexing
1364	1364		13 municipality.
1365	1365		14 (c) Upon the determination of the court that the complaint is
1366	1366		15 sufficient, the judge shall fix a time for a hearing to be held not later
1367	1367		16 than sixty (60) days after the determination. Notice of the proceedings
1368	1368		17 shall be served by summons upon the proper officers of the annexing
1369	1369		18 municipality. The municipality shall become a defendant in the cause
1370	1370		19 and be required to appear and answer. The judge of the circuit or
1371	1371		20 superior court shall, upon the date fixed, proceed to hear and determine
1372	1372		21 the appeal without a jury, and shall, without delay, give judgment upon
1373	1373		22 the question of the annexation according to the evidence introduced by
1374	1374		23 the parties. If the evidence establishes that the territory sought to be
1375	1375		24 annexed is contiguous to the annexing municipality, the court shall
1376	1376		25 deny the appeal and dismiss the proceeding. If the evidence does not
1377	1377		26 establish the foregoing factor, the court shall issue an order to prevent
1378	1378		27 the proposed annexation from taking effect. The laws providing for
1379	1379		28 change of venue from the county do not apply, but changes of venue
1380	1380		29 from the judge may be had. Costs follow judgment. Pending the appeal,
1381	1381		30 and during the time within which the appeal may be taken, the territory
1382	1382		31 sought to be annexed is not a part of the annexing municipality.
1383	1383		32 (d) If the court enters a judgment in favor of the municipality, the
1384	1384		33 annexation may not take effect during the year preceding a year in
1385	1385		34 which a federal decennial census is conducted. An annexation that
1386	1386		35 would otherwise take effect during the year preceding a year in which
1387	1387		36 a federal decennial census is conducted takes effect January 1 of the
1388	1388		37 year in which a federal decennial census is conducted.
1389	1389		38 SECTION 24. IC 36-4-3-16 IS AMENDED TO READ AS
1390	1390		39 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) This
1391	1391		40 section does not apply to an annexation under:
1392	1392		41 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
1393	1393		42 (2) section 5.1 of this chapter for which an annexation
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1395	1395		1 ordinance is adopted after March 31, 2022.
1396	1396		2 (a) (b) Within one (1) year after the expiration of:
1397	1397		3 (1) the one (1) year period for implementation of planned services
1398	1398		4 of a noncapital nature under section 13(d)(4) of this chapter; or
1399	1399		5 (2) the three (3) year period for the implementation of planned
1400	1400		6 services of a capital improvement nature under section 13(d)(5)
1401	1401		7 of this chapter;
1402	1402		8 any person who pays taxes on property located within the annexed
1403	1403		9 territory may file a complaint alleging injury resulting from the failure
1404	1404		10 of the municipality to implement the plan. The complaint must name
1405	1405		11 the municipality as defendant and shall be filed with the circuit or
1406	1406		12 superior court of the county in which the annexed territory is located.
1407	1407		13 (b) (c) The court shall hear the case within sixty (60) days without
1408	1408		14 a jury. In order to be granted relief, the plaintiff must establish one (1)
1409	1409		15 of the following:
1410	1410		16 (1) That the municipality has without justification failed to
1411	1411		17 implement the plan required by section 13 of this chapter within
1412	1412		18 the specific time limit for implementation after annexation.
1413	1413		19 (2) That the municipality has not provided police protection, fire
1414	1414		20 protection, sanitary sewers, and water for human consumption
1415	1415		21 within the specific time limit for implementation, unless one (1)
1416	1416		22 of these services is being provided by a separate taxing district or
1417	1417		23 by a privately owned public utility.
1418	1418		24 (3) That the annexed territory is not receiving governmental and
1419	1419		25 proprietary services substantially equivalent in standard and scope
1420	1420		26 to the services provided by the municipality to other areas of the
1421	1421		27 municipality, regardless of topography, patterns of land use, and
1422	1422		28 population density similar to the annexed territory.
1423	1423		29 (c) (d) The court may:
1424	1424		30 (1) grant an injunction prohibiting the collection of taxes levied
1425	1425		31 by the municipality on the plaintiff's property located in the
1426	1426		32 annexed territory;
1427	1427		33 (2) award damages to the plaintiff not to exceed one and
1428	1428		34 one-fourth (1 1/4) times the taxes collected by the municipality
1429	1429		35 for the plaintiff's property located in the annexed territory;
1430	1430		36 (3) order the annexed territory or any part of it to be disannexed
1431	1431		37 from the municipality;
1432	1432		38 (4) order the municipality to submit a revised fiscal plan for
1433	1433		39 providing the services to the annexed territory within time limits
1434	1434		40 set up by the court; or
1435	1435		41 (5) grant any other appropriate relief.
1436	1436		42 (d) (e) A change of venue from the county is not permitted for an
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1438	1438		1 action brought under this section.
1439	1439		2 (e) (f) If the court finds for the plaintiff, the defendant shall pay all
1440	1440		3 court costs and reasonable attorney's fees as approved by the court.
1441	1441		4 (f) (g) The provisions of this chapter that apply to territory
1442	1442		5 disannexed by other procedures apply to territory disannexed under this
1443	1443		6 section.
1444	1444		7 SECTION 25. IC 36-4-3-19, AS AMENDED BY P.L.38-2021,
1445	1445		8 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1446	1446		9 UPON PASSAGE]: Sec. 19. (a) If disannexation is ordered under this
1447	1447		10 chapter by the works board of a municipality and no appeal is taken,
1448	1448		11 the clerk of the municipality shall, without compensation and not later
1449	1449		12 than ten (10) days after the order is made, make and certify a complete
1450	1450		13 transcript of the disannexation proceedings to the auditor of each
1451	1451		14 county in which the disannexed lots or lands lie and to the office of the
1452	1452		15 secretary of state. The county auditor shall list those lots or lands
1453	1453		16 appropriately for taxation. The proceedings of the works board shall not
1454	1454		17 be certified to the county auditor or to the office of the secretary of
1455	1455		18 state if an appeal to the circuit court has been taken.
1456	1456		19 (b) In all proceedings begun in or appealed to the circuit court, if
1457	1457		20 vacation or disannexation is ordered, the clerk of the court shall
1458	1458		21 immediately after the judgment of the court, or after a decision on
1459	1459		22 appeal to the supreme court or court of appeals if the judgment on
1460	1460		23 appeal is not reversed, certify the judgment of the circuit court, as
1461	1461		24 affirmed or modified, to each of the following:
1462	1462		25 (1) The auditor of each county in which the lands or lots affected
1463	1463		26 lie, on receipt of one dollar ($1) for the making and certifying of
1464	1464		27 the transcript from the petitioners for the disannexation.
1465	1465		28 (2) The office of the secretary of state.
1466	1466		29 (3) The circuit court clerk of each county in which the lands or
1467	1467		30 lots affected are located.
1468	1468		31 (4) The county election board of each county in which the lands
1469	1469		32 or lots affected are located.
1470	1470		33 (5) If a board of registration exists, the board of each county in
1471	1471		34 which the lands or lots affected are located.
1472	1472		35 (6) The office of census data established by IC 2-5-1.1-12.2.
1473	1473		36 (c) The county auditor shall forward a list of lots or lands
1474	1474		37 disannexed under this section to the following:
1475	1475		38 (1) The county highway department of each county in which the
1476	1476		39 lands or lots affected are located.
1477	1477		40 (2) The county surveyor of each county in which the lands or lots
1478	1478		41 affected are located.
1479	1479		42 (3) Each plan commission, if any, that lost or gained jurisdiction
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1481	1481		1 over the disannexed territory.
1482	1482		2 (4) The township trustee of each township that lost or gained
1483	1483		3 jurisdiction over the disannexed territory.
1484	1484		4 (5) The sheriff of each county in which the lands or lots affected
1485	1485		5 are located.
1486	1486		6 (6) The office of the secretary of state.
1487	1487		7 (7) The office of census data established by IC 2-5-1.1-12.2.
1488	1488		8 (8) The department of local government finance, not later than
1489	1489		9 August 1, in the manner described by the department.
1490	1490		10 The county auditor may require the clerk of the municipality to furnish
1491	1491		11 an adequate number of copies of the list of disannexed lots or lands or
1492	1492		12 may charge the clerk a fee for photoreproduction of the list.
1493	1493		13 (d) A disannexation described by this section takes effect upon the
1494	1494		14 clerk of the municipality filing the order with:
1495	1495		15 (1) the county auditor of each county in which the annexed
1496	1496		16 territory is located; and
1497	1497		17 (2) the circuit court clerk, or if a board of registration exists, the
1498	1498		18 board of each county in which the annexed territory is located.
1499	1499		19 (e) The clerk of the municipality shall notify the office of the
1500	1500		20 secretary of state and the office of census data established by
1501	1501		21 IC 2-5-1.1-12.2 of the date a disannexation is effective under this
1502	1502		22 chapter.
1503	1503		23 (f) A disannexation order under this chapter may not take effect
1504	1504		24 during the year preceding a year in which a federal decennial census is
1505	1505		25 conducted. A disannexation order that would otherwise take effect
1506	1506		26 during the year preceding a year in which a federal decennial census is
1507	1507		27 conducted takes effect January 1 of the year in which a federal
1508	1508		28 decennial census is conducted.
1509	1509		29 SECTION 26. IC 36-4-3-22, AS AMENDED BY P.L.38-2021,
1510	1510		30 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1511	1511		31 UPON PASSAGE]: Sec. 22. (a) The clerk of the municipality shall file:
1512	1512		32 (1) each annexation ordinance:
1513	1513		33 (A) against which:
1514	1514		34 (A) (i) a remonstrance (in the case of an annexation for
1515	1515		35 which an annexation ordinance is adopted before April
1516	1516		36 1, 2022); or
1517	1517		37 (ii) an appeal;
1518	1518		38 has not been filed during the period permitted under this
1519	1519		39 chapter; or
1520	1520		40 (B) against which a remonstrance was filed without a
1521	1521		41 sufficient number of signatures to meet the requirements of
1522	1522		42 section 11.3(c) of this chapter, in the case of an annexation for
1523		-	SB 73—LS 6364/DI 87 36
	1523	+	2022 IN 73—LS 6364/DI 87 36
1524	1524		1 which an annexation ordinance was adopted after June 30,
1525	1525		2 2015, and before April 1, 2022; or
1526	1526		3 (2) the certified copy of a final and unappealable judgment
1527	1527		4 ordering an annexation to take place;
1528	1528		5 with the county auditor, circuit court clerk, and board of registration (if
1529	1529		6 a board of registration exists) of each county in which the annexed
1530	1530		7 territory is located, the office of the secretary of state, and the office of
1531	1531		8 census data established by IC 2-5-1.1-12.2. The clerk of the
1532	1532		9 municipality shall record each annexation ordinance adopted under this
1533	1533		10 chapter in the office of the county recorder of each county in which the
1534	1534		11 annexed territory is located.
1535	1535		12 (b) The ordinance or judgment must be filed and recorded no later
1536	1536		13 than ninety (90) days after:
1537	1537		14 (1) the expiration of the period permitted for:
1538	1538		15 (A) a remonstrance (in the case of an annexation for which
1539	1539		16 an annexation ordinance is adopted before April 1, 2022);
1540	1540		17 or
1541	1541		18 (B) an appeal under section 15.5 of this chapter;
1542	1542		19 (2) the delivery of a certified order under section 15 of this
1543	1543		20 chapter; or
1544	1544		21 (3) the date the county auditor files the written certification with
1545	1545		22 the legislative body under section 11.2 of this chapter, in the case
1546	1546		23 of an annexation:
1547	1547		24 (A) described in subsection (a)(1)(B); and
1548	1548		25 (B) for which an annexation ordinance is adopted before
1549	1549		26 April 1, 2022.
1550	1550		27 (c) Failure to record the annexation ordinance as provided in
1551	1551		28 subsection (a) does not invalidate the ordinance.
1552	1552		29 (d) The county auditor shall forward a copy of any annexation
1553	1553		30 ordinance filed under this section to the following:
1554	1554		31 (1) The county highway department of each county in which the
1555	1555		32 lots or lands affected are located.
1556	1556		33 (2) The county surveyor of each county in which the lots or lands
1557	1557		34 affected are located.
1558	1558		35 (3) Each plan commission, if any, that lost or gained jurisdiction
1559	1559		36 over the annexed territory.
1560	1560		37 (4) The sheriff of each county in which the lots or lands affected
1561	1561		38 are located.
1562	1562		39 (5) The township trustee of each township that lost or gained
1563	1563		40 jurisdiction over the annexed territory.
1564	1564		41 (6) The office of the secretary of state.
1565	1565		42 (7) The office of census data established by IC 2-5-1.1-12.2.
1566		-	SB 73—LS 6364/DI 87 37
	1566	+	2022 IN 73—LS 6364/DI 87 37
1567	1567		1 (8) The department of local government finance, not later than
1568	1568		2 August 1, in the manner described by the department.
1569	1569		3 (e) The county auditor may require the clerk of the municipality to
1570	1570		4 furnish an adequate number of copies of the annexation ordinance or
1571	1571		5 may charge the clerk a fee for photoreproduction of the ordinance. The
1572	1572		6 county auditor shall notify the office of the secretary of state and the
1573	1573		7 office of census data established by IC 2-5-1.1-12.2 of the date that the
1574	1574		8 annexation ordinance is effective under this chapter.
1575	1575		9 (f) The county auditor or county surveyor shall, upon determining
1576	1576		10 that an annexation ordinance has become effective under this chapter,
1577	1577		11 indicate the annexation upon the property taxation records maintained
1578	1578		12 in the office of the auditor or the office of the county surveyor.
1579	1579		13 SECTION 27. IC 36-4-7-7 IS AMENDED TO READ AS
1580	1580		14 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The fiscal
1581	1581		15 officer shall present the report of budget estimates to the city legislative
1582	1582		16 body under IC 6-1.1-17. After reviewing the report, the legislative body
1583	1583		17 shall prepare an ordinance fixing the rate of taxation for the ensuing
1584	1584		18 budget year and an ordinance making appropriations for the estimated
1585	1585		19 department budgets and other city purposes during the ensuing budget
1586	1586		20 year. The legislative body, in the appropriation ordinance, may reduce
1587	1587		21 any estimated item from the figure submitted in the report of the fiscal
1588	1588		22 officer, but it may increase an item only if the executive recommends
1589	1589		23 an increase. The legislative body shall promptly act on the
1590	1590		24 appropriation ordinance.
1591	1591		25 (b) In preparing the ordinances described in subsection (a), the
1592	1592		26 legislative body shall make an allowance for the cost of fire protection
1593	1593		27 to annexed territory described in IC 36-4-3-7(d), IC 36-4-3-7(e), for
1594	1594		28 the year fire protection is first offered to that territory.
1595	1595		29 SECTION 28. IC 36-9-22-2, AS AMENDED BY P.L.156-2020,
1596	1596		30 SECTION 148, IS AMENDED TO READ AS FOLLOWS
1597	1597		31 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The power of the
1598	1598		32 municipal works board to fix the terms of a contract under this section
1599	1599		33 applies to contracts for the installation of sewage works that have not
1600	1600		34 been finally approved or accepted for full maintenance and operation
1601	1601		35 by the municipality on July 1, 1979.
1602	1602		36 (b) The works board of a municipality may contract with owners of
1603	1603		37 real property for the construction of sewage works within the
1604	1604		38 municipality or within four (4) miles outside its corporate boundaries
1605	1605		39 in order to provide service for the area in which the real property of the
1606	1606		40 owners is located. The contract must provide, for a period of not to
1607	1607		41 exceed fifteen (15) years, for the payment to the owners and their
1608	1608		42 assigns by any owner of real property who:
1609		-	SB 73—LS 6364/DI 87 38
	1609	+	2022 IN 73—LS 6364/DI 87 38
1610	1610		1 (1) did not contribute to the original cost of the sewage works;
1611	1611		2 and
1612	1612		3 (2) subsequently taps into, uses, or deposits sewage or storm
1613	1613		4 waters in the sewage works or any lateral sewers connected to
1614	1614		5 them;
1615	1615		6 of a fair pro rata share of the cost of the construction of the sewage
1616	1616		7 works, subject to the rules of the board and notwithstanding any other
1617	1617		8 law relating to the functions of local governmental entities. However,
1618	1618		9 the contract does not apply to any owner of real property who is not a
1619	1619		10 party to the contract unless the contract or (after June 30, 2013) a
1620	1620		11 signed memorandum of the contract has been recorded in the office of
1621	1621		12 the recorder of the county in which the real property of the owner is
1622	1622		13 located before the owner taps into or connects to the sewers and
1623	1623		14 facilities. The board may provide that the fair pro rata share of the cost
1624	1624		15 of construction includes interest at a rate not exceeding the amount of
1625	1625		16 interest allowed on judgments, and the interest shall be computed from
1626	1626		17 the date the sewage works are approved until the date payment is made
1627	1627		18 to the municipality.
1628	1628		19 (c) The contract must include, as part of the consideration running
1629	1629		20 to the municipality, the release of the right of:
1630	1630		21 (1) the parties to the contract; and
1631	1631		22 (2) the successors in title of the parties to the contract;
1632	1632		23 to remonstrate against pending or future annexations by the
1633	1633		24 municipality of the area served by the sewage works. Any person
1634	1634		25 tapping into or connecting to the sewage works contracted for is
1635	1635		26 considered to waive the person's rights to remonstrate against the
1636	1636		27 annexation of the area served by the sewage works.
1637	1637		28 (d) Notwithstanding subsection (c), the works board of a
1638	1638		29 municipality may waive the provisions of subsection (c) in the contract
1639	1639		30 if:
1640	1640		31 (1) the works board considers a waiver of subsection (c) to be in
1641	1641		32 the best interests of the municipality; or
1642	1642		33 (2) the contract involves connection to the sewage works under
1643	1643		34 IC 36-9-22.5.
1644	1644		35 (e) This subsection does not affect any rights or liabilities accrued,
1645	1645		36 or proceedings begun before July 1, 2013. Those rights, liabilities, and
1646	1646		37 proceedings continue and shall be imposed and enforced under prior
1647	1647		38 law as if this subsection had not been enacted. For contracts executed
1648	1648		39 after June 30, 2013, if the release of the right to remonstrate is not void
1649	1649		40 under subsection (i), (j), or (k), the release is binding on a successor in
1650	1650		41 title to a party to the contract only if the successor in title:
1651	1651		42 (1) has actual notice of the release; or
1652		-	SB 73—LS 6364/DI 87 39
	1652	+	2022 IN 73—LS 6364/DI 87 39
1653	1653		1 (2) has constructive notice of the release because the contract, or
1654	1654		2 a signed memorandum of the contract stating the release, has been
1655	1655		3 recorded in the chain of title of the property.
1656	1656		4 (f) Subsection (c) does not apply to a landowner if all of the
1657	1657		5 following conditions apply:
1658	1658		6 (1) The landowner is required to connect to the sewage works
1659	1659		7 because a person other than the landowner has polluted or
1660	1660		8 contaminated the area.
1661	1661		9 (2) The costs of extension of or connection to the sewage works
1662	1662		10 are paid by a person other than the landowner or the municipality.
1663	1663		11 (g) Subsection (c) does not apply to a landowner who taps into,
1664	1664		12 connects to, or is required to tap into or connect to the sewage works
1665	1665		13 of a municipality only because the municipality provides wholesale
1666	1666		14 sewage service (as defined in IC 8-1-2-61.7) to another municipality
1667	1667		15 that provides sewage service to the landowner.
1668	1668		16 (h) This subsection applies to any deed recorded after June 30,
1669	1669		17 2015. This subsection applies only to property that is subject to a
1670	1670		18 remonstrance waiver. A municipality shall provide written notice to
1671	1671		19 any successor in title to property within a reasonable time after the
1672	1672		20 deed is recorded, that a waiver of the right of remonstrance exists with
1673	1673		21 respect to the property.
1674	1674		22 (i) A remonstrance waiver executed on or before July 1, 2003, is
1675	1675		23 void. This subsection does not invalidate an annexation that was
1676	1676		24 effective on or before July 1, 2019.
1677	1677		25 (j) A remonstrance waiver executed after June 30, 2003, and not
1678	1678		26 later than June 30, 2019, is subject to the following:
1679	1679		27 (1) The waiver is void unless the waiver was recorded:
1680	1680		28 (A) before January 1, 2020; and
1681	1681		29 (B) with the county recorder of the county where the property
1682	1682		30 subject to the waiver is located.
1683	1683		31 (2) A waiver that is not void under subdivision (1) or subsection
1684	1684		32 (l) expires not later than fifteen (15) years after the date the
1685	1685		33 waiver is executed.
1686	1686		34 This subsection does not invalidate an annexation that was effective on
1687	1687		35 or before July 1, 2019.
1688	1688		36 (k) A remonstrance waiver executed after June 30, 2019, is subject
1689	1689		37 to the following: (1) The waiver is void unless the waiver is must be
1690	1690		38 recorded (A) not later than thirty (30) business days after the date the
1691	1691		39 waiver was executed and (B) with the county recorder of the county
1692	1692		40 where the property subject to the waiver is located. (2) A waiver that
1693	1693		41 is not void under subdivision (1) expires not later than fifteen (15)
1694	1694		42 years after the date the waiver is executed. This subsection does not
1695		-	SB 73—LS 6364/DI 87 40
	1695	+	2022 IN 73—LS 6364/DI 87 40
1696	1696		1 invalidate an annexation that was effective on or before July 1, 2019.
1697	1697		2 (l) Notwithstanding any other law, a remonstrance waiver is
1698	1698		3 effective and binding on a landowner or a successor in title to a
1699	1699		4 party to the contract only with regard to an annexation for which
1700	1700		5 the annexation ordinance was adopted before April 1, 2022.
1701	1701		6 SECTION 29. IC 36-9-25-14, AS AMENDED BY P.L.156-2020,
1702	1702		7 SECTION 149, IS AMENDED TO READ AS FOLLOWS
1703	1703		8 [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As to each municipality
1704	1704		9 to which this chapter applies:
1705	1705		10 (1) all the territory included within the corporate boundaries of
1706	1706		11 the municipality; and
1707	1707		12 (2) any territory, town, addition, platted subdivision, or unplatted
1708	1708		13 land lying outside the corporate boundaries of the municipality
1709	1709		14 that has been taken into the district in accordance with a prior
1710	1710		15 statute, the sewage or drainage of which discharges into or
1711	1711		16 through the sewage system of the municipality;
1712	1712		17 constitutes a special taxing district for the purpose of providing for the
1713	1713		18 sanitary disposal of the sewage of the district in a manner that protects
1714	1714		19 the public health and prevents the undue pollution of watercourses of
1715	1715		20 the district.
1716	1716		21 (b) Upon request by:
1717	1717		22 (1) a resolution adopted by the legislative body of another
1718	1718		23 municipality in the same county; or
1719	1719		24 (2) a petition of the majority of the resident freeholders in a
1720	1720		25 platted subdivision or of the owners of unplatted land outside the
1721	1721		26 boundaries of a municipality, if the platted subdivision or
1722	1722		27 unplatted land is in the same county;
1723	1723		28 the board may adopt a resolution incorporating all or any part of the
1724	1724		29 area of the municipality, platted subdivision, or unplatted land into the
1725	1725		30 district.
1726	1726		31 (c) A request under subsection (b) must be signed and certified as
1727	1727		32 correct by the secretary of the legislative body, resident freeholders, or
1728	1728		33 landowners. The original shall be preserved in the records of the board.
1729	1729		34 The resolution of the board incorporating an area in the district must be
1730	1730		35 in writing and must contain an accurate description of the area
1731	1731		36 incorporated into the district. A certified copy of the resolution, signed
1732	1732		37 by the president and secretary of the board, together with a map
1733	1733		38 showing the boundaries of the district and the location of additional
1734	1734		39 areas, shall be delivered to the auditor of the county within which the
1735	1735		40 district is located. It shall be properly indexed and kept in the
1736	1736		41 permanent records of the offices of the auditor.
1737	1737		42 (d) In addition, upon request by ten (10) or more interested resident
1738		-	SB 73—LS 6364/DI 87 41
	1738	+	2022 IN 73—LS 6364/DI 87 41
1739	1739		1 freeholders in a platted or unplatted territory, the board may define the
1740	1740		2 limits of an area within the county and including the property of the
1741	1741		3 freeholders that is to be considered for inclusion into the district.
1742	1742		4 Notice of the defining of the area by the board, and notice of the
1743	1743		5 location and limits of the area, shall be given by publication in
1744	1744		6 accordance with IC 5-3-1. Upon request by a majority of the resident
1745	1745		7 freeholders of the area, the area may be incorporated into the district in
1746	1746		8 the manner provided in this section. The resolution of the board
1747	1747		9 incorporating the area into the district and a map of the area shall be
1748	1748		10 made and filed in the same manner.
1749	1749		11 (e) In addition, a person owning or occupying real property outside
1750	1750		12 the district may enter into a sewer service agreement with the board for
1751	1751		13 connection to the sewage works of the district. If the agreement
1752	1752		14 provides for connection at a later time, the date or the event upon
1753	1753		15 which the service commences shall be stated in the agreement. The
1754	1754		16 agreement may impose any conditions for connection that the board
1755	1755		17 determines. The agreement must also provide the amount of service
1756	1756		18 charge to be charged for connection if the persons are not covered
1757	1757		19 under section 11 of this chapter, with the amount to be fixed by the
1758	1758		20 board in its discretion and without a hearing.
1759	1759		21 (f) All sewer service agreements made under subsection (e) or (after
1760	1760		22 June 30, 2013) a signed memorandum of the sewer service agreement
1761	1761		23 shall be recorded in the office of the recorder of the county where the
1762	1762		24 property is located. The agreements run with the property described
1763	1763		25 and are binding upon the persons owning or occupying the property,
1764	1764		26 their personal representatives, heirs, devisees, grantees, successors, and
1765	1765		27 assigns. Each agreement that is recorded, or each agreement of which
1766	1766		28 a signed memorandum is recorded, and that provides for the property
1767	1767		29 being served to be placed on the tax rolls shall be certified by the board
1768	1768		30 to the auditor of the county where the property is located. The
1769	1769		31 certification must state the date the property is to be placed on the tax
1770	1770		32 rolls, and upon receipt of the certification together with a copy of the
1771	1771		33 agreement, the auditor shall immediately place the property certified
1772	1772		34 upon the rolls of property subject to the levy and collection of taxes for
1773	1773		35 the district. An agreement may provide for the collection of a service
1774	1774		36 charge for the period services are rendered before the levy and
1775	1775		37 collection of the tax.
1776	1776		38 (g) Except as provided in subsections (j) and (l), sewer service
1777	1777		39 agreements made under subsection (e) must contain a waiver provision
1778	1778		40 that persons (other than municipalities) who own or occupy property
1779	1779		41 agree for themselves, their executors, administrators, heirs, devisees,
1780	1780		42 grantees, successors, and assigns that they will:
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	1781	+	2022 IN 73—LS 6364/DI 87 42
1782	1782		1 (1) neither object to nor file a remonstrance against the proposed
1783	1783		2 annexation of the property by a municipality within the
1784	1784		3 boundaries of the district;
1785	1785		4 (2) not appeal from an order or a judgment annexing the property
1786	1786		5 to a municipality; and
1787	1787		6 (3) not file a complaint or an action against annexation
1788	1788		7 proceedings.
1789	1789		8 (h) This subsection does not affect any rights or liabilities accrued
1790	1790		9 or proceedings begun before July 1, 2013. Those rights, liabilities, and
1791	1791		10 proceedings continue and shall be imposed and enforced under prior
1792	1792		11 law as if this subsection had not been enacted. For contracts executed
1793	1793		12 after June 30, 2013, a waiver of the right to remonstrate under
1794	1794		13 subsection (g) that is not void under subsection (m), (n), or (o) is
1795	1795		14 binding as to an executor, administrator, heir, devisee, grantee,
1796	1796		15 successor, or assign of a party to a sewer service agreement under
1797	1797		16 subsection (g) only if the executor, administrator, heir, devisee,
1798	1798		17 grantee, successor, or assign:
1799	1799		18 (1) has actual notice of the waiver; or
1800	1800		19 (2) has constructive notice of the waiver because the sewer
1801	1801		20 service agreement or a signed memorandum of the sewer service
1802	1802		21 agreement stating the waiver has been recorded in the chain of
1803	1803		22 title of the property.
1804	1804		23 (i) This section does not affect any sewer service agreements
1805	1805		24 entered into before March 13, 1953. However, this section applies to
1806	1806		25 a remonstrance waiver regardless of when the waiver was executed.
1807	1807		26 (j) Subsection (g) does not apply to a landowner if all of the
1808	1808		27 following conditions apply:
1809	1809		28 (1) The landowner is required to connect to a sewer service
1810	1810		29 because a person other than the landowner has polluted or
1811	1811		30 contaminated the area.
1812	1812		31 (2) The costs of extension of service or connection to the sewer
1813	1813		32 service are paid by a person other than the landowner or the
1814	1814		33 municipality.
1815	1815		34 (k) This subsection applies to any deed recorded after June 30,
1816	1816		35 2015. This subsection applies only to property that is subject to a
1817	1817		36 remonstrance waiver. A municipality shall provide written notice to
1818	1818		37 any successor in title to property within a reasonable time after the
1819	1819		38 deed is recorded, that a waiver of the right of remonstrance has been
1820	1820		39 granted with respect to the property.
1821	1821		40 (l) The board may waive the waiver provision described in
1822	1822		41 subsection (g) in a sewer service agreement made under subsection (e)
1823	1823		42 if the sewer service agreement involves a connection to the district's
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	1824	+	2022 IN 73—LS 6364/DI 87 43
1825	1825		1 sewage works under IC 36-9-22.5.
1826	1826		2 (m) A remonstrance waiver executed before July 1, 2003, is void.
1827	1827		3 This subsection does not invalidate an annexation that was effective on
1828	1828		4 or before July 1, 2019.
1829	1829		5 (n) A remonstrance waiver executed after June 30, 2003, and before
1830	1830		6 July 1, 2019, is subject to the following:
1831	1831		7 (1) The waiver is void unless the waiver was recorded:
1832	1832		8 (A) before January 1, 2020; and
1833	1833		9 (B) with the county recorder of the county where the property
1834	1834		10 subject to the waiver is located.
1835	1835		11 (2) A waiver that is not void under subdivision (1) or subsection
1836	1836		12 (p) expires not later than fifteen (15) years after the date the
1837	1837		13 waiver is executed.
1838	1838		14 This subsection does not invalidate an annexation that was effective on
1839	1839		15 or before July 1, 2019.
1840	1840		16 (o) A remonstrance waiver executed after June 30, 2019, is subject
1841	1841		17 to the following: (1) The waiver is void unless the waiver is must be
1842	1842		18 recorded (A) not later than thirty (30) business days after the date the
1843	1843		19 waiver was executed and (B) with the county recorder of the county
1844	1844		20 where the property subject to the waiver is located. (2) A waiver that
1845	1845		21 is not void under subdivision (1) expires not later than fifteen (15)
1846	1846		22 years after the date the waiver is executed. This subsection does not
1847	1847		23 invalidate an annexation that was effective on or before July 1, 2019.
1848	1848		24 (p) Notwithstanding any other law, a remonstrance waiver is
1849	1849		25 effective and binding on a landowner or a successor in title to a
1850	1850		26 party to the contract only with regard to an annexation for which
1851	1851		27 the annexation ordinance was adopted before April 1, 2022.
1852	1852		28 SECTION 30. An emergency is declared for this act.
1853		-	SB 73—LS 6364/DI 87 44
1854		-	COMMITTEE REPORT
1855		-	Madam President: The Senate Committee on Local Government, to
1856		-	which was referred Senate Bill No. 73, has had the same under
1857		-	consideration and begs leave to report the same back to the Senate with
1858		-	the recommendation that said bill DO PASS.
1859		-	(Reference is to SB 73 as introduced.)
1860		-
1861		-	BUCK, Chairperson
1862		-	Committee Vote: Yeas 6, Nays 3
1863		-	SB 73—LS 6364/DI 87
	1853	+	2022 IN 73—LS 6364/DI 87